FEDERAL REGISTER VOLUME 30 • NUMBER 174 Thursday, September 9, 1965 • Washington, D.C. Pages 11497-11576

Agencies in this issue— Agriculture Department Census Bureau Civil Aeronautics Board Civil Service Commission Commodity Credit Corporation Consumer and Marketing Service Customs Bureau Defense Department Education Office Emergency Planning Office Federal Aviation Agency Federal Communications Commission Federal Housing Administration Federal Maritime Commission Federal Power Commission Fish and Wildlife Service Foreign Assets Control Office Freedmen’s Hospital General Services Administration International Commerce Bureau Interstate Commerce Commission Land Management Bureau Securities and Exchange Commission Tariff Commission United States-Puerto Rico Commission on the Status of Puèrto Rico Wage and Hour Division Detailed list o f Contents appears inside. Volum e 7 8

UNITED STATES STATUTES AT LARGE

[88th Cong., 2d Sess.l

Contains laws and concurrent resolu­ merical listing of bills enacted into tions enacted by the Congress during public and private law, and a guide 1964, the twenty-fourth amendment to the legislative history of bills en­ to the Constitution, and Presidential acted into public law. proclamations. Included is a nu-

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RFfif SlTFft Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or 1 l ^ U J L t l l x T J U P K r U L U I k J i JL1I on the day after an official Federal holiday), by the Office of the Federal Register, National Area Code 202 Phone 963-3261_ Archives and Records Service, General Services Administration (m a il. address National * «/Aimo’5" ■ Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., ch. S B ), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I ) . Distribution is made only by the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. The Federal Register will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per year, payable in advance. The charge for individual copies (minimum 15 cents) varies in proportion to the size of the issue. Remit check or money order^inade payable to the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code op Federal Regulations, which is published, under 50 titles, Pur" suant* to section 11 of the Federal Register Act, as amended. The Code op Federal Regulations is sold by the Superintendent oi Prices of books and pocket supplements are listed in the first Federal R egister issue of each month. Tnere are no restrictions on the republication of material appearing in the Federal Register or the Code of Federal Regulation Contents

AGRICULTURE DEPARTMENT EDUCATION OFFICE Sea-Land Service, Inc., and Jacksonville Port Authority. 11539 See also Commodity Credit Corpo­ Rules and Regulations Straits/New York Conference. 11539 ration; Consumer and Market­ Grants to strengthen State De­ Trans-Pacific Freight Confer­ ing Service. partments of Education------— 11518 ence of Japan______11539 • Notices Interchange of personnel with Trans-Pacific Freight Confer­ Maine, Missouri and Texas; desig­ States______11523 ence of Japan and Japan- nation and extension of areas Atlantic & Gulf Freight Con­ for emergency loans______11534 ference______11540 EMERGENCY PLANNING OFFICE Export Packing & Crating Co., Rules and Regulations Inc.; notice to show cause why CENSUS BUREAU license should not be suspended National security policy governing or revoked______11539 Rules and Regulations scientific and engineering man­ Foreign trade statistics; revised power______11516 foreign trade classification FEDERAL POWER COMMISSION schedules------11502 FEDERAL AVIATION AGENCY Notices Rules and Regulations Hearings, etc.: CIVIL AERONAUTICS BOARD Crisp County Power Commis­ Notices Alterations: sion and Georgia Power Co— 11570 Restricted area------11502 Eastern Shore Natural Gas Co. 11568 Eastern—Lansa agreement; re­ VOR Federal airway______11501 assignment of place of hearing. 11535 Michigan Wisconsin Pipe Line Proposed Rule Making Co______11571 T ra in in g program; initial flight Mississippi River Transmission CIVIL SERVICE COMMISSION assignment------11530 Corp______11568 Rules and Regulations Petroleum, Inc______11569 Notices Rock Island Oil & Refining Co., Defense Department; excepted Certain area offices; notice of Inc., et al______11569 service______11501 opening: Sabine Pipe Line Co------11570 Denver, Colo______11535 Texas Eastern Transmission COMMERCE DEPARTMENT Los Angeles, Calif______— 11536 Corp______11570 Salt Lake City, Utah______11536 Texas Gas Transmission C orp.. 11572 See Census Bureau; International San Francisco, Califs______11536 Commerce Bureau. Seattle, Wash______11536 FISH AND WILDLIFE SERVICE COMMODITY CREDIT Rules and Regulations CORPORATION FEDERAL COMMUNICATIONS Certain wildlife refuges; hunting: COMMISSION .Id a h o ______j,------11525 Rules and Regulations Kentucky______11527 Flue-cured tobacco, types 11-14, Notices Montana______11527 1965 crop; schedule of advance Hearings, etc.: Montana et al------11527 rates by g r a d e s .....11501 Cascade Broadcasting Co. and Nevada (2 documents)__ 11525,11526 S u n s e t Broadcasting Co. Oklahoma______11525 (K N D X -F M ) ______11537 Oregon (5 documents)__ 11526,11527 CONSUMER AND MARKETING Kent-Sussex Broadcasting Co__11537 Oregon and Washington— _— 11525 SERVICE Radio Phone Communications, Proposed Rule Making Inc., and American Radio- Proposed Rule Making Telephone Service, Inc______11537 Certain wildlife refuges; hunting Dried prunes produced in Cali­ Syracuse Television, Inc., et al__11537 and fishing : fornia; proposed salable and re­ Ultronic Systems Corp. and Idaho.— ------11529 serve percentages and handler Western Union Telegraph Co. 11538 New Mexico and Wyoming------11529 reserve obligation for 1965-66 WFLI, Inc. (WFLI) and New- Oklahoma and Montana------11529 crop— ------___------H530 house Broadcasting C o r p . Fresh prunes grown in designated (WAPI)______11538 FOREIGN ASSETS CONTROL counties in Idaho and in Mal­ Notices heur County, Oregon; expenses and rate of assessment______11530 Hong Kong; importation of cer­ FEDERAL HOUSING tain merchandise------11532 ADMINISTRATION CUSTOMS BUREAU Rules and Regulations FREEDMEN’S HOSPITAL Notices Miscellaneous amendments to Rules and Regulations chapter £______11503 Bulk, crude, undried solar salt Admission and out-patient treat­ from Mexico; antidumping pro- ment; miscellaneous amend­ ceeding notice.______11532 FEDERAL MARITIME ments------11517 st?el }acks from Canada; with­ holding of appraisement notice. 11532 COMMISSION GENERAL SERVICES Notices ADMINISTRATION DEFENSE DEPARTMENT Agreements filed for approval: Notices Notices Australia, New Zealand and South Sea Islands Pacific Lump steatite talc from the na­ Industrial defense program 11532 Coast Conference______11538 tional stockpile; proposed dis- hidustrial security program. 11533 Japan-Atlantic & Gulf Freight position..______11572 Settlement of claims____ 11532 Conference______. _____ 11538 (Continued on next page) 11499 11500 CONTENTS

HEALTH, EDUCATION, AND Notices Ohio Power Co______11574 West Penn Power Co. and Alle­ WELFARE DEPARTMENT Motor carrier applications and gheny Power System______11574 See Education Office; Freedmen’s certain other proceedings______11561 Hospital. Motor carrier, broker, water car­ rier and freight forwarder ap­ TARIFF COMMISSION HOUSING AND HOME plications______11540 Notices Motor carrier temporary author­ FINANCE AGENCY General Plywood Corp.; notice of ity applications-:______11566 investigation and hearing re­ See Federal Housing Administra- Motor carrier transfer proceed­ garding petition for determina­ ' tion. ings ------11567 tion of eligibility to apply for adjustment assistance______11575 INTERIOR DEPARTMENT LABOR DEPARTMENT See Fish and Wildlife Service; See Wage and Hour Division. TREASURY DEPARTMENT Land Management Bureau. See Customs Bureau; Foreign As­ LAND MANAGEMENT BUREAU INTERNATIONAL COMMERCE sets Control. Rules and Regulations BUREAU Public land orders : UNITED STATES-PUERTO RICO Notices Montana ______11517 COMMISSION ON THE Trade-All Enterprises, Ltd., and Utah ______- ______11516 STATUS OF PUERTO RICO Irving E. Bordo; order tempo­ rarily denying export privileges- 11534 SECURITIES AND EXCHANGE Notices COMMISSION Economic matters; notice of public INTERSTATE COMMERCE hearings______11575 COMMISSION Notices Hearings, etc.: WAGE AND HOUR DIVISION Rules and Regulations Baldwin Securities Corp______11572 Sleeping car companies; destruc­ Columbia Gas of Kentucky, Inc.^ Rules and Regulations tion of records, periods of re­ and Columbia Gas System, Equal pay for equal work under tention ______- ______11524 In c ______11573 the Fair Labor Standards Act__ 11504

List of CFR Parts Affected

(Codification Guide)

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1965, and specifies how they are affected.

3 CFR P roposed R u l e s : 43 CFR 121______11530 E x e c u t iv e O rder: P u b l ic L and O rders: July 2, 1910 (revoked in part by 15 CFR 3811 ______H516 PLO 3812)______11517 3812 ______— ______H517 30— ______11502 5 CFR 24 CFR 45 CFR 213— ______- ______11501 203____ 11503 1 1 9 -______11518 809______11503 120____ — ______11523 7 CFR 29 CFR 1464______11501 49 CFR 800 P roposed R u l e s : 110______11524 925___ 11530 32A CFR 993______11530 OEP (Ch. I) : 50 CFR DMO 8505.1 14 CFR 11516 32 (13 documents)______11525-11527 P roposed R u l e s : 71______11501 42 CFR 32 (3 documents)______11529 73______»______11502 401— ______11517 33 (2 documents)______- 11529 Rules and Regulations

Title 7— AGRICULTURE [Dollars per hundred pounds, farm sales weight] Title 5— ADMINISTRATIVE A d ­ A d ­ A d ­ Grade vance Grade vance Grade vance PERSONNEL Chapter XIV— Commodity Credit Cor­ rate rate rate poration, Department of Agriculture Chapter I—-Civil Service Commission SUBCHAPTER B— LOANS, PURCHASES, AND H1F 81.25 X 1 L ...... 76.26 P3F_____ 67.25 H2F 77.25 75.26 P4F...... 61.25 PART 213— EXCEPTED SERVICE OTHER OPERATIONS H3F 76.25 X 3L...... 74.25 P5F_____ 49.25 TT4F 75.26 X 4L...... 71.26 Department of Defense PART 1464— TOBACCO TTfiF 72.25 »JET. . 65.26 P4G__-___ 42.25 H 6F 68.25 P 6G ____ 34.25 X 1F...... 76.25 Section 213.3306 is amended to reflect Subpart— Tobacco Loan Program TT3FR. 70. 25 X2F 75.25 N I L - - — 31.25 a change in the title of the position of H 4 F R ___ 67.25 X 3F...... 74.25 N l X L ___ 42.25 Deputy Assistant Secretary (Planning Set forth below is a republication, of TT6F R 64. 25 X4F 71.25 N 1 F _____ 36.25 the schedule of advance rates, by grades, fffiFR 60.25 X5F _ 65.25 N 1 R ____ 29.25 and North Atlantic Affairs) to Deputy N 1 G L ___ 25.25 Assistant Secretary (European and North for the 1965 crop of types 11-14 flue- H 4K ____ 66.25 X 3 L V ___ 64.25 N 1 G F ___ 31.25 cured tobacco, under the tobacco price H 5K ____ 62.25 X 4 L V ___ 61.25 N 1 G R - - 26.25 Atlantic Treaty Organization Affairs). H 6K ____ 56.25 N 1 G G - — 23.25 Effective on publication in the F ederal support loan program, originally pub­ P2F_____ 69.52 NIK ...... 44.25 lished in the F e d e r a l R e g is t e r July 3, R eg ist e r , subparagraph (9 ) of para­ 1965 (30F.R. 8512). graph (a) of § 213.3306 is amended as set Republication is deemed desirable in­ 1 The advance rates listed above are appli­ out below. cable only to tied flue-cured tobacco identi­ asmuch as the general statement with re­ fied on a 1965 Flue-Cured marketing card § 213.3306 Department of Defense. spect to the tobacco price support loan which does not bear either the notation program (30 F.R. 9533) published July “No Price Support” or “Discount Variety (a) Office of the Secretary. * * * 30,1965, may be subject to the interpre­ Limited Support” and which does not, to­ (9) One Deputy Assistant Secretary tation that it superseded the earlier pub­ gether with all other tobacco previously (European and North Atlantic Treaty lished schedule. Republication will make marketed and currently being offered for Organization Affairs), Office of the As­ clear that the schedule remains in effect. marketing on a single warehouse bill, ex­ sistant Secretary of Defense for Inter­ ceed 110 percent of the applicable farm mar­ national Security Affairs. keting quota. Rates for tobacco identified § 1464.1720 1965 crop— flue-cured to­ * * * * * bacco, Types 11—14; advance sched­ on a marketing card which bears the nota­ ule.1 tion “Discount Variety Limited Support”, (R.S. 1753, sec. 2, 22 Stat. 403, as amended; which does not bear the notation “No Price 5 U.S.C. 631, 633; E.O. 10577, 19 F.R. 7521, [D ollars per hundred pounds, farm sales weight! Support" and which does not, together with 3 CFR, 1954-1958 Comp., p. 218) all other tobacco previously marketed and U n it e d S tates C i v il S erv­ Ad- Ad- Ad- currently being offered for marketing on a Grade vance Grade vance Grade vance single warehouse bill, exceed 110 percent of ic e C o m m is s io n , rate rate rate the applicable farm marketing quota, are 50 [ s e a l ] M a r y V . W e n z e l , percent plus twelve and one-half cents Executive Assistant to A lF ...... 86.25 B 4 G K ___ 46.25 C 4 K L___ 64.25 ($0,125) per hundred pounds of the advance the Commissioners. A2F.__ 84.25 B5GK___ 43.25 rates listed above. Rates for untied flue- B 6GK-- 36.25 C4K F___ 64.25 [F.R. Doc. 65-9549; Filed, Sept. 8, 1965; a i r ... cured tobacco are three dollars ($3.00) per 83.25 8:57 a.m.} A2R...... 82,25 B 4 G G - - 34.25 C 4 K M — 64.25 hundred pounds less for each grade than for B 6GG--- 31.25 tied tobacco similarly identified. Tobacco B1L ____ 80.25 C4LS____ B2Ti _ _ __ _ 61.26 is eligible for advances only if consigned by 75.25 B 3 LS -—_ 56.25 C5LS____ 59.25 BiJJLi_____ 71.25 B4LS____ 64.25 the original producer and only if produced B4L__ 68.25 B5LS____ 50.25 C4FS____ 61.25 on a cooperating farm. Title 14-AERONAUTICS AND B6L _____ 63.25 B 6LS ___ 44.25 C5FS____ 59.25 In the Georgia-Florida area price, supports B6L ____ 69.25 will be available only on untied tobacco as in B3FS___ 56.25 B 4 G L___ 61.25 SPACE B lR ...... 64.25 B4FS___ 54.25 B 5 G L___ past years. On all markets except in the B2R 47.25 60.25 B5FS____ 50.25 B 6GL ___ .41.25 Georgia-Florida area, price support on un­ Chapter I— Federal Aviation Agency B3R____ 56.25 B FS____ 44.25 B4R__,__ 6 tied tobacco will be available for the first 51.25 B 4 G F.__ 51.25 seven market days on lugs, primings and [Airspace Docket No. 64-SW-47] B5R____ 45.25 B5RR___ 40.25 B5 G F___ B R ___ 47.25 6 38.25 B 6GF ___ 41.25 nondescript grades thereof, and price sup­ B5RG___ 36.25 port for tied tobacco will be available for all PART 71— DESIGNATION OF FEDERAL B5D 39.25 B4GR___ 46.25 grades during the first seven sale days as B6D __ 32.25 AIRWAYS, CONTROLLED AIRSPACE, H 1L,_ __ 81.25 B 5 G R ___ 42.25 well as during the remainder of the market­ H 2L__ . 77.25 B 6GR ___ 34.25 AND REPORTING POINTS B3LV___ 66.26 H 3 L...... 76.25 ing season. B4LV 60.25 H 4L_____ 75.25 X 3 F V ___ B5LY__I 64.25 • Tobacco graded “W ”- (unsafe order), “U” Alteration of VOR Federal Airway 56.25 H 5 L_____ 72.25 X 4 F V ___ 61.25 (unsound), N2, No-G or scrap will not H 6L . ____ 68.25 B3KL - 53.25 X 4 K V __ be accepted. The Cooperative Association The purpose of this amendment to B 4 K L ..' 51.25 51.25 B3FV___ 65.25 X 5 K V ... 40.25 through which price support is made avail­ Part 71 of the Federal Aviation Regula­ b s k l . 47.25 B 4 F V ___ 60.25 B5KL___ able is authorized to deduct 25 cents per tions is to alter Federal Register Docu­ 41.25 B5FV___ 56.25 X 4 K L ___ 58.25 hundred pounds to apply against overhead ment 65-7549 regarding VOR Federal B3KF___ X 5 K L _._ 49.25 53.25 B4 K V ___ 51.25 cost. B4KF__ airway No. 13 west alternate, effective 51.25 B 5 K V ___ 45.25 X 4 K F -__ 58.25 B5KF__ 47.25 B 6KV— 38.25 (Sec. 4, 62 Stat. 1070, as amended, sec. 5, September 16,1965. B6KF ___ X 5 K F ___ 49.25 41.25 62 Stat. 1072, secs. 101, 106, 401, 403, 63 Stat. On July 17, 1965, Federal Register B4K ____ 62.25 X 3 K M _. B3KM._ 62.25 1051, as amended, 1054, sec. 125, 70 Stat. 198, 66.25 B 6K ...... 58.25 X 4 K M -. Document 65-7549 was published in the B4KM... 57.25 74 Stat. 6; 7 U.S.C. 1441, 1445, 1421, 1423, 7 54.25 B 6K _____ 52.25 F ederal R egister (30 F.R. 9000) amend­ B5KM 50.25 UJS.C. 1813, 15 U.S.C. 714b; 714c) B6KM”. X 3LS— . 59.25 44.25 C lL 8i. 25 X 4LS— 56.25 ing, in part, VOR Federal airway No. 13 C2L____ 77.25 Effective date. Date of filing with O f­ west alternate from Page, Okla. to b i f . sa 25 C3L_____ B2F 7& 26 X3FS___ 59.25 fice of Federal Register. Fayetteville', Ark. via the intersection of 75.25 C4L...... 75.25 X4FS___ 56.25 B3F_. 71.25 C5L B4F 74.25 Signed at Washington, D.C., on Sep­ the Page 007° and Fayetteville 203° True 68.25 X 4G ...... 4R 25 B5F 63.25 radials. Recent mathematical computa­ B 6F. C1F_____ 81.25 X 5 G ____ 4L26 tember 3, 1965. 59.25 C2F. 77.25 tions based on a refined geodetic posi­ C3F____ 76.25 X 4 G B L -. 46.25 H. D. G o d f r e y , B1FR 79.25 tion for the Fort Smith, Ark., VOR have B2FR ~ C4F__ 75.25 Executive Vice President, 73.25 C5F___ 74.25 P 2L 69.25 shown that the direct radial of V-13 be­ B3FR 69.25 B4FR _ P 3 L „ . 67.25 Commodity Credit Corporation. tween Page and Fort Smith is 21° True. 64.25 C4LV___ 69.25 P4L. __ 61.25 B5FR ’ 59.25 [F.R. Doc. 65-9545; Filed, Sept. 8, 1965; Accordingly, to provide 15° separatioif B 6F r I“‘ P5L 52.25 54.25 C4FV___ 69.25 8:56 a.m.] between V-13 and its west alternate at 11501 11502 RULES AND REGULATIONS

Page, the west alternate should be re­ ning.” and substituting therefor “to lati­ publishing a notice of effective date in described via the Page 006° True radial. tude 32°24'00" N., longitude 84°53'30" th e F e d e r a l R e g is t e r a t th a t time in Action is taken herein to effect this W .; to latitude 32°29'17" N., longitude order to allow ample opportunity for correction. 84°52'32" W .; to latitude 32°29'17" N., change-over to use of the new schedules It is intended that the dogleg of V-13 longitude 84°51'35" W .; to latitude 32°- and for dealing with any transitional west alternate form a common intersec­ 30'19" N., longitude 84°51'35" W.; to problems which m ight develop. tion with VOR Federal airway No. 74 latitude 32°30'19" N., longitude 84°52'- The transition to use of the January north alternate, northwest of Fort 21" W .; to the point of beginning.” 1965 edition of Schedule B, Statistical Smith. To retain this common inter­ (Sec. 307(a) of the Federal Aviation Act of Classification of Domestic and Foreign section and still use the 006° radial of 1958; 49 U.S.C. 1348) Commodities Exported from the United Page, it is necessary to redescribe the States, and to the January 1965 edition airway segment via the Fayetteville 205° Issued in Washington, D.C., on Sep­ of Schedule P, Commodity Classification True radial in lieu of the 203° True radial. tember 2,1965. for Reporting Shipments from Puerto Action is also taken herein to effect this C liffo r d P . B u r t o n , Rico to the United States has now been change. Acting Director, largely completed. Accordingly these Since this change to Federal Register Air Traffic Service. schedules will be formally made effective Document 65-7549 is minor in nature, [F.R. Doc. 65-9471; filed, Sept. 8, 1965; 30 days from the date of this publication. notice and public procedure hereon are 8:45 a.m.] Notice and public procedure on this rule unnecessary and the amendment to the are hereby found to be unnecessary be­ document may be made effective on less cause users of the schedules have had than 30 days’ notice. The initial effec­ actual notice and extended opportunity tive date of the amendments set forth in Title 15— COMMERCE AND to comment upon the new schedule in the the document is retained herein. light of practical experience. In consideration of the foregoing, Fed­ FOREIGN TRADE In the case of Schedules C and D, pub­ eral Register Document 65-7549 (30 F.R. lication of notice of effective date is 9000) is amended, effective immediately, Chapter I— Bureau of the Census, hereby found to be unnecessary because as hereinafter set forth. Department of Commerce of the minor nature of the changes and In Item 1., sub-item a. “INT of Page these Schedules are effective with the 007° and Fayetteville 203° radials;” is PART 30— FOREIGN TRADE date of this publication. deleted and “IN T of Page 006° and Fay­ STATISTICS Schedule W was not available in time etteville 205° radials;” is substituted Foreign Trade Classification to provide for its use in preparing sta­ therefor. tistical reporting documents effective Schedules (Sec. 307(a) of the Federal Aviation Act of January 1, 1965, but will be appropriate 1958 (49 U.S.C. 1348)) Effective January 1, 1965, some of the for use as of the date of this publication, foreign trade classification schedules and will be required 30 days a fter the Issued in Washington, D.C., on Sep­ were adminstratively revised and re­ date of this publication. tember 2,1965. issued as new editions or replaced by a Accordingly, pursuant to 13 U.S.C., Jam e s L. L a m p l , new classification schedule under a new sec. 302, the following amendments are Acting Chief, Airspace Regulations hereby made to the Foreign Trade Sta­ and Procedures Division. designation. Following is a summary of the principal changes made: tistics Regulations (15 CFR Part 30): [F.R. Doc. 65-9470; Filed, Sept. 8, 1965; Schedule B, Statistical Classification 1. Section 30.7 Information required 8:45 a.m.] of Domestic and Foreign Commodities on Shipper’s Export Declarations, para­ Exported from the United States, was graph (1) Description of commodities [ Airspace Docket No. 65-SO-l ] revised for conformance with the Stand­ and Schedule B number, subparagraph ard International Trade Classification (5) is amended to read as follows: PART 73—-SPECIAL USE AIRSPACE (SITC) and reissued according to a § 30.7 Information required on Ship­ Alteration of Restricted Area notice published in the F ederal R egister per’s Export Declarations. on August 8, 1964 (29 F.R. 11472). * * * * . * On June 15, 1965, a notice of proposed Schedule C, Classification of Country (1) Description of commodities and rule making was published in the F ed­ Designations Used in Compiling the Schedule B number. * * * eral R egister (30 F.R. 7724) stating.that United States Foreign Trade Statistics, the Federal Aviation Agency was consid­ was reissued to reflect changes in various (5) On the Shipper’s Export D eclar­ ering an amendment to Part 73 of the foreign governments. ation for In-transit Goods covering ship­ Federal Aviation Regulations that would Schedule D, Code Classification of ments by vessel, shippers shall show, in alter Restricted Area R-3002 at Fort United States Customs Districts and addition to the Schedule B number, the Benning, Ga. Ports, was revised to incorporate ad­ commodity number in terms of Schedule Interested persons were afforded an ministrative changes. W , Statistical Classification of United opportunity to participate in the pro­ Schedule P, Commodity Classification States Waterborne Exports and Imports. posed rule making through the submis­ for Reporting Shipments from Puerto * * * * * sion of comments. The only comment Rico to the United States, was re­ 2. Section 30.70 Statistical informa­ received from the Air Transport Asso­ arranged and incorporated with a new tion required on import entries, is ciation offered no objection. edition to provide more statistical detail. amended in the following respects: The In consideration of the foregoing, Part Schedule S, Statistical Classification last sentence of paragraph (g) Descrip­ 73 of the Federal Aviation Regulations of Domestic and Foreign Merchandise tion of merchandise and paragraph (U is amended, effective 0001 e.s.t., Novem­ Exported from the United States A r­ Schedule T reporting number are ber 11, 1965, as hereinafter set forth. ranged in Shipping Commodity Groups, amended to read as follows : In § 73.30 (29 F.R. 17742), Restricted and Schedule T, Statistical Classification Area R-3002 at Fort Benning, Ga., is of Imports into the United States A r­ § 30.70 Statistical information required amended by deleting from the descrip­ ranged in Shipping Commodity "Groups, on import entries. tion of the boundaries “to latitude 32 °- were replaced by Schedule W, Statistical * * * * * 29'10" N., longitude 84°39'25" W .; to Classification of United States Water­ (g) * * * When Customs Form 7512 latitude 32°18'30" N., longitude 84°39'- borne Exports and Imports. is used as a Transportation and E xp o rta­ 25" W .;” and inserting “to latitude 32°- Use of the new schedules to the great­ tion, or Immediate Exportation entry, 31'20" N., longitude 84°40'20" W. ; est extent possible beginning January 1, the description of the merchandise shall thence northeast along Upatoi Creek to 1965, was necessary in order to insure be in sufficient detail to permit the veri­ latitude 32°18'30" N., longitude 84°39'- uniform statistical reporting within fication of the commodity classificatio 25" W .;” and inserting “to latitude 32 °- calendar year 1965, and to make possible reporting number in terms of Schedue tude 84°39'25" W .;” therefor; and by annual comparisons of foreign trade W, Statistical Classification of United deleting “to latitude 32°24'00" N., longi­ statistics. However, the revised sched­ States Waterborne Exports and im ports. tude 84°53'30" W .; to point of begin­ ules were not formally put into effect by * * * * Thursday, September 9, 1965 FEDERAL REGISTER 11503

(1) Schedule W reporting number. Copies of the above described sched­ (2) In a case involving a veteran meet­ (Customs Form 7512 when used as a ules are filed as part of the original ing the requirements of § 203.18(a) (3), Transportation and Exportation or Im­ document. the minimum investment shall be $200 mediate Exportation Entry.) The re­ A . Boss E c k l e r , which may include settlement costs, ini­ porting number, according to the current Acting Director, tial payments for taxes, hazard insurance edition o f Schedule W , Statistical Classi­ Bureau of the Census. premiums, mortgage insurance premi­ fication of United States Waterborne I concur. ums, and other prepaid expenses as ap­ Exports and Imports, is required to be proved by the Commissioner. Ja m es P o m e r o y H e n d r ic k , shown in the column provided on the Acting Assistant Secretary * * * . * * form fo r “Description and Quantity of of the Treasury. (Sec. 211, 52 Stat. 23; 12 UJS.C. 1715b. In ­ Merchandise.” This code should appear terpret or apply sec. 203, 52 Stat. 10, as to the rig h t of that column, on the same [F.R. Doc. 65-9469; Filed, Sept. 8, 1965; amended; 12 U.S.C. 1709) 8:45 a.m.] line as the reported gross weight and In § 809.5 paragraph (b) is redesig­ value. nated as paragraph (c) and a new para­ 3. Section 30.92 Statistical classifica­ graph (b) is added to read as follows: tion schedules, is amended to read as Title 24— H0USIN6 AND § 809.5 Maximum mortgage amount; follows: y r loan-to-value limitation. § 30.92 Statistical classification sched­ HOUSING CREDIT ***** ules. Chapter II— Federal Housing Admin­ (b) 100 percent of $15,000 of the ap­ The following statistical classification istration, Housing and Home Fi­ praised value of the property as of the schedules referred to in the regulations nance Agency date the mortgage is accepted for insur­ in this part are hereby incorporated by ance, or the sum of— (i) such value not reference. Information as to where cop­ SUBCHAPTER C— MUTUAL MORTGAGE INSUR­ in excess of $15,000, and (ii) the items of ies may be obtained is indicated. Copies ANCE AND INSURED HOME IMPROVEMENT prepaid expense approved by the Com­ LOANS are available for public inspection at the missioner, less $200, whichever amount offices of local Collectors of Customs and PART 203— MUTUAL MORTGAGE IN­ is the lesser; and 90 percent of such value Department of Commerce Field Offices. SURANCE AND INSURED HOME IM­ in excess of $15,000 but not in excess of PROVEMENT LOANS $20,000; and 85 percent of such value in TSUSA—Tariff Schedules of the United excess of $20,000, if the mortgagor: States Annotated for Statistical Reporting. 1963 edition, as currently revised, shows the Subpart A— Eligibility Requirements (1) Submits a Certificate of Veteran Status from the Veterans’ Administration 7-digit statistical reporting number to be SUBCHAPTER T— MILITARY AND ARMED SERV­ used in preparing import entries and with­ establishing that he has served on active ICES HOUSING MORTGAGE INSURANCE drawal forms. Order from the Superintend­ duty in the Armed Forces (U.S. Army, ent of Documents, U.S. Government Printing PART 809—-ARMED SERVICES HOUS­ Navy, Marine Corps, Air Force, Coast Office, Washington, D.C., 20402, local Col­ ING— CIVILIAN EMPLOYEES Guard, the Army Reserve, the Naval Re­ lectors of Customs, or Department of Com­ serve, the Marine Corps Reserve, the Air merce Field Offices located in principal cities, Subpart A— Eligibility Requirements at a cost of $5.00 domestic, $1.25 additional Force Reserve, the Coast Guard Reserve, for foreign mailing. The price Includes the The following miscellaneous amend­ the National Guard of the United States basic schedule plus revisions as currently ments have been made to this chapter: and the Air National Guard of the United issued for an indefinite period. In § 203.18 the introductory text of States) of the United States for a period Schedule B—Statistical Classification of of not less than 90 days and was dis­ Domestic and Foreign Commodities Exported paragraph (a) (3) is amended to read as follows: charged or released therefrom under from the United States. 1965 edition as cur­ conditions other than dishonorable; or rently revised, shows the detailed commodity § 203.18 Maximum mortgage amounts, classification requirements and 7-digit sta­ if he has served less than 90 days, he tistical reporting number to be used in pre­ (a) * * * shall establish by a certificate issued by the Secretary of Defense that he per­ paring Shipper’s Export Declarations, as re­ (3) 100 percent of $15,000 of the ap­ formed extra hazardous service; and quired by these regulations. Order from the praised value of the property as of the Superintendent of Documents, U.S. Govern­ (2) Certifies that he has not received date the mortgage is accepted for in­ ment Printing Office, Washington, D.C., any direct, guaranteed, or insured loan surance, or the sum of—-(i) such value 20402, local Collectors of Customs, or De­ under laws administered by the Veterans’ not in excess of $15,000, and (ii) the partment of Commerce Field Offices located Administration for the purchase, con­ in principal cities, at a cost of $6.00 domestic, items of prepaid expense approved by struction, or repair of a dwelling (includ­ $1.50 additional for foreign mailing. The the Commissioner, less $200, Whichever ing a farm dwelling) which was to be price includes the basic schedules and sup­ amount is the lesser; and 90 percent of owned and occupied by him as his home. plements issued irregularly, covering revi­ such value in excess of $15,000 but not sions in the schedule for an indefinite period. ***** Schedule C— Classification of Country in excess of $20,000; and 85 percent of Designations Used in Compiling the United such value in excess of $20,000, if the Section 809.7 is amended to read as States Foreign Trade Statistics. 1965 edition mortgagor: follows: as published in the introductory pages to ♦ * * * * § 809.7 Mortgagor’s minimum invest­ the 1965 edition of Schedule B. Free from In § 203.19 paragraph (a) is amended ment. 202 Bureau of tlie Census, Washington, D.C., to read as follows: At the time the mortgage is insured, Schedule D— Code Classification of United § 203.19 Mortgagor’s minimum invest­ the mortgagor shall have paid in cash or states Customs D istricts and Ports. 1965 edi­ its equivalent the following minimum tion as published in the introductory pages ment. amount: to the 1965 edition of Schedule B. Free from (a) At the time the mortgage is in­ (a) In all cases (except those involv­ onooBureau of the Census, Washington, D.C., sured, the mortgagor shall have paid in «0233. ing a veteran meeting the requirements cash or its equivalent the following min­ Schedule P— Commodity Classification fi of § 809.5(b)), the minimum investment reporting Shipments, from Puerto Rico i imum amount: shall be at least 3 percent of the Com­ e United States. 1965 edition, as current! (1) In all cases (except those involving missioner’s estimate of the cost of ac­ revistKi. Free from the Bureau of the Censu a veteran meeting the requirements of quisition or such larger amount, as the Washington, D.C., 20233. § 203.18(a) (3 )), the minimum invest­ Commissioner may determine. .. Schedule W — Statistical Classification t nitca States Waterborne Exports and In ment shall be at least 3 percent of the (b) In a case involving a veteran meet­ ports. 1965 edition, as currently revise Commissioner’s estimate of the cost of ing the requirements of § 809.5(b), the Irom $he Bureau of the Census, Wasl acquisition or such larger amount as m inim um investment shall be $200 which ington, D.C., 20233. the Commissioner may determine. may include settlement costs, initial pay- 11504 RULES AND REGULATIONS ments for taxes, hazard insurance pre­ Application op Provisions in General v Relation to Other L aws miums, mortgage insurance premiums, Sec. Sec. 800.160 Relation to other equal pay laws. and other prepaid expenses as approved 800.102 Application to employers. 800.161 Higher State minimum wage. by the Commissioner. 800.103 Application to establishments. 800.162 Overtime payments required by 800.104 Application to employees. State law. (Sec. 807, 69 Stat. 651; 12 U.S.C. 1748f. In ­ 800.105 Employees not subject to provi­ terpret or apply sec. 809, 70 Stat. 273; 12 800.163 Other laws not applying equally to sions. employment of both sexes. U.S.C. 174811—1) 800.106 Application to labor organizations. Enforcement Issued at Washington, D.C., Septem­ Definitions Pertinent to Application ber 1,1965. 800.164 Investigations and compliance as­ 800.107 “Employer”, “employee”, “employ” sistance. P h i l i p N . B r o w n s t e in , defined, 800.165 Recordkeeping requirements. Federal Housing Commissioner. 800.108 Meaning of “establishment”. 800.166 Recovery of wages due; injunctions; 800.109 “Labor organization” defined. penalties for willful violations. [F.R. Doc. 65-9496; Filed, Sept. 8, 1965; 800.110 Meaning of “wages”. 8:46 a.m.] 800.111 Wage “rate”. Au tho rity: The provisions of this Part 800.112 Cost or value of non-cash items as 800 issued under secs. 1-19, 52 Stat. 1060 as included in wages. amended; 77 Stat. 56; 29 U.S.C. 201-219. 800.113 Particular types of payments as Title 29— LABOR wages. Subpart A— General Chapter V— Wage and Hour Division, Equality of Pay I ntroductory Department of Labor 800.114 “Male jobs” and “female jobs” gen­ § 800.0 General scope o f the Fair Labor erally. Standards Act. PART 800— EQUAL PAY FOR EQUAL 800.115 Inequalities in pay that raise ques­ The Fair Labor Standards Act, as WORK UNDER THE FAIR LABOR tions under the Act. 800.116 Equality and inequality of pay in amended, hereinafter referred to as the STANDARDS ACT particular situations. Act, is a Federal statute of gênerai ap­ Pursuant to the Fair Labor Standards 800.117-800.118 [Reserved] plication which establishes minimum wage, overtime pay, child labor, and Act of 1938 (29 U.S.C. 201 et seq.), Re­ T he Equal Pay for Equal W ork Standard— organization Plan No. 6 of 1950 (3 CFR Generally equal pay requirements that apply as 1949-53 Comp., p. 1004), and General Or­ provided in the Act. All employees whose der No. 45—A of the Secretary of Labor 800.119 The job concept in general. employment has the relationship to in­ 800.120 Effect of differences between jobs in terstate or foreign commerce which the (15 F.R. 3290), I hereby revise 29 CFR general. Part 800, pertaining to the Equal Pay 800.121 Job content controlling. Act specifies are subject to the prescribed Act of 1963 (77 Stat. 56), to read as set 800.122 General guides for testing equality labor standards unless specifically ex­ forth below. of jobs. empted from them. Employers having The provisions of section 4 of the Ad­ 800.123 Determining equality of job con­ such employees are required to comply ministrative Procedure Act (5 U.S.C. tent in general. with the Act’s provisions in this regard 1003) which require notice of proposed 800.124 Comparing “exempt” and "non­ unless relieved therefrom by some ex­ rule-making, opportunity for public par­ exempt” jobs. emption in the Act. Such employers are ticipation, and delay of effective date are Equal Sk il l also required to comply with specified recordkeeping requirements contained in not applicable because 29 CFR Part 800 800.125 Jobs requiring equal skill in per­ consists only of interpretative rules. I do formance. Part 516 of this chapter. The law au­ not believe such procedures will serve 800.126 Comparing skUl requirements of thorizes the Department of Labor to in­ a useful purpose here.. Accordingly the jobs. vestigate for compliance and, in the event revision shall become effective imme­ of violations, to supervise the payment Equal Effort diately. of unpaid wages or unpaid overtime com­ As revised 29 CFR Part 800 reads as 800.127 Jobs requiring equal effort in per­ pensation owing to any employee. The follows: formance. law also provides for enforcement in the Subpart A— General 800.128 Comparing effort requirements of courts. jobs. I ntroductory § 800.1 Purpose o f this part. Equal Responsibility Sec. It is the purpose of this Part 800 to 800.0 General scope of the Fair Labor 800.129 Jobs requiring equal responsibility make available official interpretations of Standards Act. in performance. 800.1 Purpose of this part. 800.130 Çomparing responsibility require­ the Department of Labor with respect to 800.2 Significance of official interpreta­ ments of jobs. the meaning and application of the equal tions. pay provisions added to the Fair Labor Similar W orking Conditions 800.3 Reliance on interpretations. Standards Act by the Equal Pay Act of 800.4 Matters discussed in this part. 800.131 Jobs performed under similar work­ 1963 (Public Law 88-38). The Equal ing conditions. Basic Coverage and Exemption Provisions Pay Act was enacted on June 10, 1963, 800.132 Determining similarity of working Affecting Application of Equal Pay for the purpose of correcting “the exist­ conditions. Requirements ence in industries engaged in commerce 800.133-800.139 [Reserved] 800.5 Basic coverage as related to the or in the production of goods for com­ equal pay provisions. Exceptions to Equal Pa y Standard merce of wage differentials based on 800.6 General coverage of employees “en­ Sec. sex”. This law amends the Fair Labor gaged in commerce”. 800.140 The specified exceptions. Standards Act by adding a new section 800.7 General coverage of employees “en­ 800.141 Establishing application of an ex­ 6 (d) to its minimum wage provisions. gaged in * * * the production ception. of goods for commerce”. 800.142 Sex must not be a factor in ex­ § 800.2 Significance of official inter­ 800.8 “Closely related” and “directly es­ cepted wage differentials. pretations. sential” activities. 800.143 Establishing absence of sex as a 800.9 What goods are considered as pro­ The interpretations of the law con­ factor. tained in this part are official interpre­ duced for commerce. v 800.144 Excepted “systems”. 800.10 Coverage is not based on amount of 800.145 Application of exceptions illus­ tations of the Department of Labor with covered activity. trated, in general. respect to the application under de­ 800.11 “Enterprise” coverage. 800.146 Examples— -“red circle” rates, in scribed circumstances of the provisions 800.12 Exemptions from section 6 provided general. of law which they discuss. The ultimate by section 13. 800.147 Example s—temporary reassign­ decisions on interpretations of the Act Subpart B— The Equal Pay Provisions ments. are made by the courts. Court decisions 800.148 Examples— training programs. supporting interpretations contained m T he Statutory Provisions 800.149 Examples— “head of household”. this part are cited where it is believed 800.100 Section 6 (d ) of the Act. 800.150 Examples—temporary and part- 800.101 Effective date of equal pay require­ time employees. they may be helpful. On matters which ments. 800.151-800.159 [Reserved] have not been determined by the courts, Thursday, September 9, 1965 FEDERAL REGISTER 11505 it is necessary for the Secretary of Labor § 800.4 Matters discussed in this part. within the new requirements those em­ ployers and employees who were already and the Administrator to reach conclu­ (a) This part primarily discusses the subject to the Act’s minimum wage re­ sions as to the meaning and the appli­ meaning and application of the equal quirements (H. Rept. No. 309, 88th Cong., cation of provisions of the law in order pay provisions in section 6(d) of the 1st sess., p. 2). The nature of the em­ to carry out their responsibilities of ad­ Act. These provisions are discussed in ministration and enforcement (Skidmore ployment coming within the basic or some detail in Subpart B. The enforce­ v. Swift, 323 U.S. 134). In order that general coverage of the Act should ment provisions applicable to the equal these positions may be made known to therefore be clearly understood. The pay requirements are discussed in Sub­ persons who may be affected by them, general coverage of the Act extends, and part B, §§ 800.164-800.166. In addition, official interpretations are issued by the its requirements apply except as other­ §§ 800.5 et seq. of this subpart briefly Administrator on the advice of the So­ wise provided by a specific exemption, to consider or make reference to the guides licitor of Labor, as authorized by the every employee who is “engaged in com­ for determining what interstate com­ Secretary (Reorg. PI. 6 of 1950, 64 Stat. merce or in the production of goods merce activities will bring employees 1263; Gen. Ord. 45A, May 24, 1950, 15 for commerce” and every employee who and employers within the basic coverage P.R. 3290). As included in the regula­ is “employed in an enterprise engaged of the Act so that its equal pay require­ tions in this part, these interpretations in commerce or in the production of ments may apply. The meaning and are believed to express the intent of the goods for commerce” or “by an estab­ application of other provisions of the law as reflected in its provisions and as lishment” qualifying as such an enter­ Act are discussed only to make clear construed by the courts and evidenced prise, as specified and defined in the their relevance to the equal pay pro­ by its legislative history. They indicate statute. What employees are so en­ visions and are not considered in detail the construction of the law which the gaged or employed must be ascertained in this part. Secretary of Labor and the Administra­ in the light of the definitions and de­ . (b) The interpretations in this part tor believe to be correct and which will limitations set forth in the statute, giv­ provide statements of general principles guide them in the performance of their ing due regard to authoritative inter­ applicable to the subjects discussed and duties under the Act unless, and until pretations by the courts and to the illustrations of the application of these they are otherwise directed by authori­ legislative history of the Act, as amended. principles to situations that frequently tative decisions of the courts or conclude, In §§800.6 to 800.12, the employment arise. They do not and cannot refer upon reexamination of an interpretation, which comes within this basic coverage specifically to every problem which may that it is incorrect. References to per­ is briefly outlined. For a more compre­ be met in the consideration of the pro­ tinent legislative history are made in hensive discussion and a detailed ex­ visions discussed. The omission to dis­ this part where it appears that they will planation of the applicable principles, cuss a particular problem in this part contribute to a better understanding of reference should be made to the inter­ or in interpretations supplementing it the interpretations. pretations on general coverage con­ should not be taken to indicate the tained in Part 776 of lihis chapter. § 800.3 Reliance on interpretations. adoption of any position by the Secre­ On and after publication of this part tary of Labor or the Administrator with § 800.6 General coverage of employees “engaged in commerce” . in the F ederal R e g ister , the interpre­ respect to such problem or to constitute tations contained therein shall be in an administrative interpretation or prac­ (a) The minimum wage provisions of effect and shall remain in effect until tice or enforcement policy. Questions the Act have applied since 1938, and con­ they are modified, rescinded, or with­ on matters not fully covered by this part tinue to apply along with the new equal drawn. So long as they remain effective may be addressed to the Administrator pay provisions, except as otherwise pro­ and are not modified, amended, re­ of the Wage and Hour and Public Con­ vided by specific exemptions in the Act, scinded, or determined by judicial au­ tracts Divisions, United States Depart­ to employees “engaged in commerce”. thority to be incorrect, they may be re­ ment of Labor, Washington, D.C., 20210, “Commerce” is broadly defined in section lied upon as provided in section 10 of or to any Regional Office of the Divisions. 3(b) of the Act. It includes both inter­ the Portal-to-Portal Act of 1947 (61 Stat. (c) Interpretations published else­state and foreign commerce and is not 84, 29 Ü.S.C. 251 et seq., discussed in where in this title deal with such sub­ limited to transportation across State Part 790 of this chapter). In addition, jects as the general coverage of the Act lines, or to activity of a commercial char­ the Supreme Court has recognized that (Part 776 of this chapter), methods of acter. All parts of the movement among such interpretations of this Act “provide payment of wages (Part 531, Subpart the several States or between any State a practical guide to employers and em­ C of this chapter), computation and and any place outside thereof of persons ployees as to how the office representing payment of overtime compensation (Part or things, tangibles or intangibles, in­ »n Pu^ c interest in its enforcement 778 of this chapter), retailing of goods or cluding communication of information will seek to apply it” and “constitute a services (Part 779 of this chapter), hours and intelligence constitute movement in hody of experience and informed judg­ worked (Part 785 of this chapter), and “commerce” within the statutory defini­ ment to which courts and litigants may child labor provisions (Part 1500 of this tion. This includes those parts of any properly resort for guidance”. Further, title). Regulations on recordkeeping such activity which take place wholly as stated by the Court: “Good admin- are contained in Part 516 of this chapter, within a single State. In addition, the lstration of the Act and good judicial ad­ and regulations defining exempt bona instrumentalities for carrying on such ministration alike require that the fide executive, administrative, profes­ commerce are so inseparable from, the standards of public enforcement and sional employees and outside salesmen commerce itself that employees working those for determining private rights shall are contained in Part 541 of this chapter. on such instrumentalities within the oe at variance only where justified by Regulations and interpretations on other borders of a single State are, by virtue reasons ” (Skidmore v. Swift, subjects concerned with the application of the contribution made by their work ¿«J U.S. 134). This part supersedes and of the Act are listed in the table of con­ to the movement of the commerce, “en­ n v r°fS interpretations previously tents to this chapter. Copies of any of gaged in commerce” within the meaning Published in the F ederal R eg iste r and these documents may be obtained from of the Act. Pederal Regulations as Part 800 any office of the Wage and Hour and (b) Consistent with the purpose of n H * c^aPter. Prior opinions, rulings, Public Contracts Divisions. the Act to apply the Federal standards ha interpretations and prior enforce- B a sic C overage an d E x e m p t io n s P r o v i­ “throughout the farthest reaches of the uHfik P°licies which are not inconsistent s io n s A f f e c t in g A p p l ic a t io n o f E q u a l channels of interstate commerce”, the nri+îî r?e interpretations in this part or R equirements courts have made it clear that the em­ ™ the Fair Labor Standards Act as ployees “engaged in commerce” to whom amended are continued in effect; all § 800.5 Basic coverage as related to the coverage is extended include every em­ equal pay provisions. nT,.er opinions, rulings, interpretations, ployee employed in the channels of such a enforcement policies on the subjects The equal pay provisions neither ex­ commerce or in activities so closely re­ cussed in the interpretations in this tend nor curtail coverage of the Fair lated to such commerce as to be con­ part are rescinded and withdrawn. Labor Standards Act but simply place sidered a part of it as a practical matter. No. 174-— a 11506 RULES AND REGULATIONS

See Walling v. Jacksonville Paper Co., tivities are, from a productive standpoint ers and warehousemen; and transporta­ 317 U.S. 564; Overstreet v. North Shore and for purposes of the Act, “actually en­ tion workers bringing supplies, materials, Corp., 318 U.S. 125; Mitchell v. Volmer, gaged in the production of goods for or equipment to the producer’s premises, 349 U.S. 427; Mitchell v. Lublin, 358 U.S. commerce just as much as are those who removing waste materials therefrom, or 207; see also Borden Co. v. Borella, 325 process and work on the tangible prod­ transporting materials or other goods, or U.S. 679; and see the discussion, with ucts” in the manufacturing plants or performing such other transportation other pertinent court decisions cited, in other producing facilities of the en­ activities, as the needs of production may Part 776 of this chapter. Engaging “in terprise. require. These examples are illustrative, commerce” includes activities connected (b) Typically, but not exclusively, em­rather than exhaustive, of the employees therewith such as management and con­ ployees engaged in the production of who are “engaged in the production of trol of the various physical processes, to­ goods for interstate or foreign commerce goods for commerce” by reason of per­ gether with the accompanying account­ include those who work in manufactur­ forming activities closely related and di­ ing and clerical activities. Thus, em­ ing, processing, and distributing estab­ rectly essential to such production. ployees engaged in interstate or foreign lishments, including wholesale and retail § 800.9 What goods are considered as commerce will typically include, among establishments, that “produce” (includ­ produced for commerce. others, employees in distributing indus­ ing handle or work on) goods for such tries such as wholesaling or retailing who commerce. This includes everyone em­ Goods (as defined in 3(i) of the Act) sell, transport, handle, or otherwise work ployed in such establishments, or else­ are “produced for commerce” if they are on goods moving in interstate or foreign where in the enterprises by which they “produced, manufactured, mined, han­ commerce as well as porkers who order, are operated, whose activities constitute dled or in any other manner Worked on” receive, guard, pack, ship, or keep rec­ “production” of such goods under the in any State for sale, trade, transporta­ ords of such goods; employees who han­ principles outlined in paragraph (a) of tion, transmission, shipment, or delivery, dle payroll or personnel functions for this section. Thus, employees who sell, to any place outside thereof. Goods are workers engaged in such activities ; cleri­ process, load, pack, or otherwise handle produced for commerce where the pro­ cal and other workers who regularly use or work on goods which are to be shipped ducer intends, hopes, expects, or has the mails, telephone, or telegraph for or delivered outside the State either by reason to‘believe that the goods or any communication across State lines; and their employer or by another firm, and unsegregated part of them will move (in employees who regularly travel across either in the same form or as a part or the same or in an altered form or as a State lines while working. For other il­ ingredient of other goods, are engaged part or ingredient of other goods) in lustrations see Part 776 of this chapter. in the production of goods for commerce interstate or foreign commerce. If such movement of the goods in commerce § 800.7 General coverage of employees within the coverage of the Act. So also are the office, management, sales, and can reasonably be anticipated by the “ engaged in * * * the production producer when the goods are produced, of goods for commerce” . shipping personnel, and maintenance, custodial, and protective employees who it makes no difference whether he him­ (a) The minimum wage provisions ofperform, as a part of the integrated ef­ self or the person to whom the goods are the Act also have applied since 1938, and fort for the production of the goods for transferred puts the goods in interstate continue to apply along with the new commerce, services related to such pro­ or foreign commerce. The fact that equal pay provisions, except as otherwise duction or to such goods or to the plant, goods do move in interstate or foreign provided by specific exemptions in the equipment, or personnel by which the commerce is strong evidence that the Act, to employees “engaged in * * * the production is accomplished. producer intended, hoped, expected, or production of goods for commerce”. had reason to believe that they would so The broad meaning of “commerce” as § 800.8 “Closely related” and “directly move. Goods may also be produced “for defined in section 3(b) of the Act has essential” activities. commerce” where they are to be used been outlined in § 800.6. “Goods” is As previously noted in § 800.7 an em­ within the State and not transported in also comprehensively defined in section ployee is engaged in the production of any form across State lines. This is true 3(1) of the Act, and includes “articles or goods for interstate or foreign commerce where the use to which they are put is subjects of commerce of any character, within the meaning of the general cover­ one which serves the needs of the in­ or any part or ingredient thereof” not age provisions of the Act even if his work strumentalities or facilities by which in­ expressly excepted by the statute. The is not an actual and direct part of such terstate or foreign commerce is carried activities constituting “production” of production, so long as he is engaged on within the State. These principles the goods for commerce are defined in in a process or occupation which is are discussed comprehensively in Part section 3(j) of the Act. These are not “closely related” and “directly essential” 776 of this chapter. limited to such work as manufacturing to it. This is true whether he is em­ § 800.10 Coverage is not based on but include handling or otherwise work­ ployed by the producer of the goods or by amount of covered activity. ing on goods intended for shipment out of someone else who provides goods or serv­ The Act makes no distinction as to the the State either directly or indirectly or ices to the producer. See in this connec­ for use within the State to serve the tion Kirschbaum v. Walling, 316 U.S. percentage, volume, or amount of activi­ needs of the instrumentalities or facili­ 517, and Mitchell v. Joyce Agency, 348 ties of either the employee or the em­ ployer which constitute engagin g in ties by which interstate or foreign com­ U.S. 945, affirming 110 F. Supp. 918. A commerce or in the production of goods merce is carried on. See United States full discussibn of “closely related” and for commerce. (Mabee v. White Plains v. Darby, 312 U.S. 100; Alstate Constr. “directly essential” work is contained in Publishing Co., 327 U.S. 128; United Co. v. Durkin, 345 U.S. 13. Employees Part 776 of this chapter. Typical of States v. Darby, 312 U.S. 100.) As ex­ engaged in any closely related process or employees covered under these principles plained more fully in Part 776 of this occupation directly essential to such pro­ are bookkeepers^ stenographers, clerks, chapter, the law is settled that every duction of any goods, whether employed accountants, and auditors and other of­ employee whose activities in commerce by the producer or by an independent fice and white-collar workers, and em­ or in the production of goods for com­ employer, are also engaged, by definition, ployees doing payroll, timekeeping, and merce, even though small in amount^ are in “production”. See § 800.8 and the de­ time study work for the producer of regular and recurring, is considered “en­ tailed discussion in Part 776 of this chap­ goods; employees in the. personnel, labor gaged in commerce or in the production ter. Further, the courts have recognized relations, safety and health, advertis­ of goods for commerce”. Also, under the that an enterprise producing goods for ing, promotion, and public relations ac­ definition in section 3(s) of the Act, an commerce does not accomplish the actual tivities of the producing enterprise; work enterprise described in any of the five production of such goods solely with em­ instructors for the producers; employees numbered clauses of the subsection is an ployees performing physical labor on maintaining, servicing, repairing or im­ enterprise “engaged in commerce or m them. Thus, in Borden v. Borella, 325 proving the buildings, machinery, equip­ the production of goods for commerce Ü.S. 679, it was held that employees en­ ment, vehicles or other facilities used in if, in its activities, some employees are gaged in the administration, planning, the production of goods for commerce, so engaged, “including employees han­ management, and control of the various and such custodial and protective em­ dling, selling, or otherwise working on physical processes together with the ac­ ployees as watchmen, guards, firemen, goods that have been moved in or pro- companying clerical and accounting ac­ patrolmen, caretakers, stockroom work­ rii.ir.pri frvr r.ommprp.p bv any DCrSOH’ • Thursday, September 9, 1965 FEDERAL REGISTER 11507

§ 800.11 “Enterprise” coverage. employees on the basis of sex by paying employees subject to a minimum wage wages to employees in such establishment at under the Act. The employer may not The scope of the added coverage on an a rate less than the rate at which he pays discriminate on the basis of sex against enterprise basis, which was provided by wages to employees of the opposite sex in such employees in any establishment (see amendments to the Act, is determined such establishment for equal work on jobs the performance of which requires equal § 800.103) in which such employees are with reference to the special definitions are employed by him by paying them of the term “enterprise” in section 3(r) skill, effort, and responsibility, and which are performed under similar working con­ wages at rates lower than he pays em­ of the Act and of the terni “enterprise ditions, except where such payment is made ployees of the opposite sex employed in engaged in commerce or in the pro­ pursuant to (i) a seniority system; (ii) a the same establishment for work subject duction of goods for commerce” under merit system; (ill) a system which measures to the equal pay standard— that is, where section 3. Under these enterprise earnings by quantity or quality of produc­ equal work is performed by such em­ coverage provisions, if an enterprise or tion; or (iv) a differential based on any ployees and by employees of the opposite establishment is an “enterprise engaged other factor other than sex: Provided, That sex on jobs the performance of which in commerce or in the production of an employer who is paying a wage rate dif­ requires equal skill, effort, and responsi­ goods for commerce” as defined and de­ ferential in violation of this subsection shall not, in order to comply with the provisions of bility, and which are performed under limited in section 3(s) of the Act, every this subsection, reduce the wage rate of any similar working conditions. (See § § 800.- employee employed in such enterprise employee. 120-800.132.) The Act excepts from or by such establishment is within the (2) No labor organization, or its agents, this general prohibition such differences coverage of the minimum wage and the representing employees of an employer hav­ between the wage rates for such work equal pay provisions, except as otherwise ing employees subject to any provisions of performed by men and women employed specifically provided by the Act. “Enter­ this section shall cause or attempt to cause by the employer in the establishment as prise” coverage is discussed comprehen­ such an employer to discriminate against can be shown to be based on a factor or sively elsewhere in this chapter. A an employee in violation of paragraph (1) of this subsection, factors other than sex. (See §§ 800.- detailed discussion of the statutory defi­ (3) For purposes of administration and 140-800.150.) It is clear from the proviso nition of “enterprise” and of enterprise enforcement, any amounts owing to any em­ included in section 6(d) ( 1 ) that where coverage as it relates to enterprises which ployee which have been withheld in violation a wage rate differential in violation of have retail or service establishments and of this subsection shall be deemed to be un­ the provision is paid, the violation can­ as it relates to gasoline service establish­ paid minimum wages or unpaid overtime not be corrected by reducing the wage ments is contained in Part 779 of this compensation under this Act. chapter. (4) As used in this subsection, the term rate of any employee. “labor organization” means any organization § 800.103 Application to establishments. § 800.12 Exemptions from section 6 of any kind, or any agency or employee rep­ provided by section 13. resentation committee or plan, in which The prohibition against discrimination employees participate and which exists for in wages on account of sex contained in The equal pay provisions do not apply the purpose, in whole or in part, of dealing section 6 (d) (1) of the Act applies “within to employees exempted from the provi­ with employers concerning grievances, labor any establishment” in which employees sions of section 6 under any provision of disputes, wages, rates of pay, hours of em­ who must be paid a minimum wage under section 13(a) of the Act. The following ployment, or conditions of work. section 6 are employed by an employer. employees are among those excluded if § 800.101 Effective date o f equal pay The term “establishment” as used in their employment fully satisfies all the requirements. section 6 (d) ( 1) has the same meaning as statutory conditions for exemption: bona it has in section 13(a) (2) and elsewhere fide executive, administrative, and pro­ (a) Section 4 of the Equal Pay Act of fessional employees and outside sales­ 1963 provides as follows with respect to in the Act. (See § 800.108.) It should be kept in mind, in determining an em­ men, as defined in regulations (see Part the effective date of its amendments to 541 of this chapter) ; employees of cer­ the Fair Labor Standards Act: ployer’s obligations under the equal pay provisions, that “employer” and “estab­ tain retail or service establishments (see Sec. 4. The amendments made by this Part 779 of this chapter) ; employees of Act shall take effect upon the expiration of lishment” as used in these and other certain nonindustrial laundries and dry one year from the date of its enactment: provisions of the Act are not synonymous cleaning establishments (see Part 781 of Provided, That in the case of employees terms. An employer may have* more this chapter) ; employees of certain small covered by a bona fide coUective bargaining than one establishment in which he em­ agreement in effect at least thirty days prior ploys employees within the meaning of newspapers (see Act, sec. 13(a) ( 8) ) ;■ em­ to the date of enactment of this Act, entered ployees of urban and interurban transit the Act. In such cases, the legislative into by a labor organization (as déflned in history makes clear that there shall be systems which have less than $1 ,000,000 section 6(d) (4) of the Fair Labor Standards m annual gross sales (see Act, sec. 13(a) Act of 1938, as amended), the amendments no comparison between wages paid to '“) ) ; switchboard operators of inde­ made by this Act shaU take effect upon the employees in different establishments. pendent telephone companies which have termination of such coUective bargaining § 800.104 Application to employees. fewer than 750 telephones (see Act, sec. agreement or upon the expiration of two 13(a) ( 11) ) ; employees of a taxicab busi­ years from the date of enactment of this As has been seen, there must be com­ Act, whichever shall first occur. ness (see Act, sec. 13(a) ( 12) ) ; employees pliance by the employer with the equal employed in fishing and fish farming (b) Under the above provision, on and pay requirements within any establish­ (see Part 784 of this chapter); farm after June 11, 1965, the equal pay pro­ ment in which employees subject to the workers and employees engaged in speci- visions are effective with respect to all Act’s minimum wage provisions are em­ nea operations relating to agricultural or employment subject to their terms. On ployed by him. The Act's concern with norticuitural commodities (see Part 780 and after June II, 1964, these provisions wage discrimination by an employer on account of sex to the detriment of his vL i S ckaPter) ; seamen employed on were applicable to most such employ­ esseis other than American vessels (see ment. However, their application was employees who are subject to the mini­ „"'v "°3 of this chapter) ; employees in deferred as to employees covered by bona mum wage provisions is not limited either rtaxn small forestry and logging opera­ fide collective bargaining agreements, by its language or by its legislative his­ tions (see Part 788 of this chapter). which were in effect on May 11,1963, and tory to those employees whose work is which did not terminate until some date performed on the premises of their em­ Subpart B— The Equal Pay Provisions after June 11, 1964. As to employees ployer’s establishment. The Act speaks of the employment of employees in the T h e S t a t u t o r y P r o v isio n s covered by such agreements the provi­ sions became effective on the termination establishment rather than of their en­ § 800.100 Section 6 (d ) o f the Act. date of the agreement or on June 11, gagement in work there. Also, the legis­ 1965, whichever was the earlier date. lative history of the Equal Pay Act makes pay Act of 1963 amende« it clear that coverage under the equal 5 ° “ 6 ° f the Fair Labor Standard A p p l ic a t io n o f P r o v is io n s i n G e n e r a l pay provisions is equal to that provided ky adding thereto a new subsectioi *u) as follows: § 800.102 Application to employers. by the other provisions of section 6 of the Fair Labor Standards Act, and that aublio.t employer having employee The prohibition against discrimination those employers and employees who are d isen t!, f y Provislons of this section shal in wages on account of sex contained in subject to the minimum wage provisions within any establishment t section 6(d) (1) of the Act (see § 800.100) will be subject to the new provisions on h such employees are employed, betweei is applicable to every employer having equal pay. (See S. Rept. No. 176, 88th 11508 RULES AND REGULATIONS

Cong., 1st sess., p. 2; H. Rept. No. 309, allowing a deferred effective date for rate place of business is ordinarily con­ 88th Cong., 1st sess., p. 2.) Congress application of the equal pay provisions sidered a separate establishment. For clearly rejected the concept that the to employees covered by specified exist­ example, where a manufacturer oper­ equal pay provisions apply only to work ing collective bargaining agreements ates at separate locations a plant for performed inside a physical establish­ (see § 800.101) are indicative of the production of its goods, a warehouse for ment. Otherwise, those employees, sub­ legislative intent that in situations storage and distribution, several stores ject to section 6 of the Act, would be where wage rates are governed by col­ from which its products are sold, and a incongruously deprived of equal pay pro­ lective bargaining agreements, unions central office for the enterprise, each tection simply because their work is representing the employees shall share physically separate place of business is a performed away from the physical prem­ with the employer the responsibility for separate establishment. Under certain ises of the establishment in which they ensuring that the wage rates required circumstances, however, two or more por­ are employed. For example, employees by such agreements will not cause the tions of a business enterprise, even of a “shopping service” whose work is employer to make payments that are though located on the same premises and performed in clients’ establishments, not in compliance with the equal pay under the same roof, may constitute more rather than on their employer’s premises, provisions. Thus, where equal work is than one establishment. This would are nonetheless to be considered em­ being performed within the meaning of ordinarily be the case only if these por­ ployed in their employer’s establishment. the statute, a wage rate differential tions of the enterprise are both physically See Willmark Service Inc. v. Wirtz, 317 F. which exists between male and female segregated and engaged in operations 2d 486, cert, den., 375 U.S. 897. Similarly, employees cannot be justified on the which are functionally separated from where the only “establishment” of a con­ ground that it is a result of negotiation each other and which have separate em­ tractor performing building maintenance by the union with the employer, for ployees and maintain separate records. services is his office, from which all work negotiation of such a discriminatory The application of these principles is is directed, contracts taken, assignments wage differential is prohibited under the illustrated further and in more detail by made, employees paid, and related opera­ terms of the equal pay amendment. the discussion in §§ 779.303-779.306 of tions carried on, all employees whose D e f in it io n s P e r t in e n t to A p p l ic a t io n Part 779 of this chapter of the term “es­ work is directed from that place of busi­ tablishment” as it relates to retail or ness are considered to be employed in § 800.107 “Employer”, “employee”, service establishments within the mean­ that establishment. See Mitchell v. “ employ” defined. ing of sections 3 (s )(l) and 13(a)(2) of Kletjian, d.b.a. University Cleaning Co., The Act provides its own definitions of the Act. 286 F. 2d 40 (C.A. 1). “employer”, “employee”, and “employ”, § 800.109 “Labor organization” defined. § 800.105 Employees not subject to pro­ under which “economic reality” rather visions. than “technical concepts” determines For purposes of application to labor whether there is employment subject to organizations of the requirements of An employee may be employed in an its terms (Goldberg v. Whitaker House section 6(d ) of the Act and the enforce­ establishment by an employer subject to Cooperative 366 U.S. 28; United States ment of such requirements under sec­ the equal pay provisions, and yet not be v. Silk, 331 U.S. 704; Rutherford Food tions 16 and 17 (see § 800.166), section protected by these provisions. Unless Corp. v. McComb, 331 U.S. 722). An 6 (d )(4 ) of the Act defines the term such an employee is one to whom the “employer”, as defined in section 3(d) of “labor organization” as meaning “any m inim um wage provisions apply, the Act the Act, “includes any person acting di­ organization of any kind, or any agency does not afford protection from a dis­ rectly or indirectly in the interest of an or employee representation committee or crimination in wages based on sex be­ employer in relation to an employee but plan, in which employees participate and tween such employee and an employee shall not include the United States or any which exists for the purpose, in whole or of the opposite sex. This is true both State or political subdivision of a State, in part, of dealing with employers con­ with respect to employees who are hot or any labor organization (other than cerning grievances, labor disputes, wages, covered under section 6 and with re­ when acting as an employer), or any­ rates of pay, hours of employment, or spect to employees to whom section 6 one acting in the capacity of officer or conditions of work.” This is the same cannot apply by reason of an express definition of “labor organization” that agent of such labor organization”. An exemption in section 13(a). (See is used in the Labor Management Rela­ “employee” as defined in section 3(e) § 800.12.) More particularly, the equal tions Act, 1947, and will be applied in of the Act “includes any individual em­ pay standards have no application with ployed by an employer” and “employ”, the same manner. respect to wages paid employees who are as used in the Act, is defined in section § 800.110 Meaning o f “wages”. neither engaged in or in the production 3(g) to include “to suffer or permit to of goods for interstate commerce nor The term “wages” used in section 6(d) work”. It should be noted, as explained employed in an enterprise which is so (1) of the Act is considered to have the in the interpretative bulletin on joint engaged. same meaning it has elsewhere in the employment, Part 791 of this chapter, Act.- As a general rule, in determining § 800.106 Application to labor organiza­ that in appropriate circumstances two or compliance with the equal pay provi­ tions. more employers may be jointly respon­ sions, the wages paid by the employer Section 6 (d) (2) of the Act. prohibits sible for compliance with the statutory will be calculated pursuant to the same a labor organization, representing em­ requirements applicable to employment principles and procedures as have tradi­ ployees of an employer having employees of a particular employee. tionally been followed in calculating such subject to the minimum wage provisions § 800.108 Meaning o f “establishment” . wages for purposes of determining com­ of section 6, from engaging in acts that Although not expressly defined in the pliance with the minimum wage provi­ cause or attempt to cause the employer Act, the term “establishment” has a sions of the Act. Wages paid to an em­ to discriminate against an employee in well settled meaning in the application of ployee generally include all payments violation of the equal pay provisions. the Act’s provisions. It refers to a “dis­ made to or on behalf of the employeeas remuneration for employment. The Agents of the labor organization are also tinct physical place of business” rather prohibited from doing so. Thus, such a than to “an entire business or enterprise” provisions of section 7(d) of the Ac under which some such payments may labor organization and its agents must which may include several separate be excluded in computing an employee s refrain from strike or picketing activities places of business. This is consistent aimed at inducing an employer to in­ “regular rate” of pay for purposes o with the meaning of the term as it is stitute or maintain a prohibited wage section 7 do not authorize the exclusio normally used in business and in govern­ differential, and must not demand any of any such remuneration from tne terms or any interpretation of terms in ment, is judicially settled, and has been “wages” of an employee in applying sec­ a collective bargaining agreement with recognized in the Congress in the course tion 6 (d) of the Act. Thus, vacation ana such an employer which would require of enactment of amendatory legislation holiday pay, and premium payments n» the latter to discriminate in the payment (Phillips v. Walling, 324 U.S. 490; work on Saturdays, Sundays, holioay, of wages contrary to the provisions of Mitchell v. Bekins Van & Storage Co., 352 regular days of rest, or other days section 6 (d )(1 ). Section 6 (d )(2 ), to­ U.S. 1027; 95 Cong. Rec. 12505, 12579, hours in excess or outside of the gether with the special provision in sec­ 14877; H. Rept. No. 1453, 81st Cong., ployee’s regular days or hours of wo . tion 4 of the Equal Pay Act of 1963 1st sess., p. 25). Each physically sepa­ are remuneration for employment Thursday, September 9, 1965 FEDERAL REGISTER 11509

therefore wage payments that must be that must be considered in computing or health insurance or similar benefits considered in applying the equal pay pro­ wages and wage rates for purposes of for employees. (See 29 CFR 778.214- visions of the Act, even though not a part the equal pay provisions may be helpful. 778.215.) of the employee’s “regular rate”. On the The Act requires comparison of the wage E q u a l it y o p P a y other hand, payments made by an em­ rates paid for “work on jobs”, which ployer to an employee which do not con­ makes relevant all remuneration for em­ §800.114 “Male jobs” and “female stitute remuneration for employment are ployment and not just that portion which jobs” generally. not “wages” to be compared for equal constitutes compensation for particular Wage classification systems which pay purposes under section 6 (d) of the hours of employment or particular work designate certain jobs as “male jobs” and Act. Examples are payments related to done. Clearly this includes all payments other jobs as “female jobs” frequently maternity, and such reasonable pay­ that may be counted as part of the mini­ specify markedly lower rates for the “fe­ ments for reimbursable expenses of mum wage rate per hour required under male jobs”. Because such a practice fre­ traveling on the employer’s business as section 6 of the Act, all payments that quently indicates a pay practice of dis­ are discussed in § 778.217 of this chapter. are part of the employee’s regular rate crimination based on sex, where such §800.111 W age “ rate” . under section 7 of the Act, and all over­ systems exist a serious question would time premiums. It includes in addition, be raised as to whether prohibited wage The term wage “rate” used in section however, other payments (such as the differentials are involved. This position 6(d)(1) of the Act is considered to en­ holiday and vacation pay previously is consistent with that taken by the N a­ compass all rates of wages whether cal­ mentioned in § 800.110) for the em­ tional War Labor Board which found culated on a time, piece, job, incentive or ployee’s work on the job as a whole which such systems inherently discriminatory other basis. The term includes the rate may have no direct relation to particular and explained that it is not consistent at which overtime compensation or other hours or weeks of work; and the inclu­ with the principle of equal pay for equal special remuneration is paid as well as sion of such payments in the wages com­ work to designate certain jobs as “fe­ the rate at which straight time compen­ pared for equal pay purposes does not male jobs” and other jobs as “male jobs” sation for ordinary work is paid. The depend on whether they can be counted and on that ground alone establish rate term also includes the rate at which a as a part of the wage rate per hour re­ differentials against the former and iri "draw”, advance, or guarantee is paid quired under section 6 as a minimum favor of the latter. The Board held that against a commission settlement. wage or whether they constitute part the equal pay principle requires that § 800.112 Cost or value o f non-cash of the regular rate of pay under section 7. proper rates be set for all jobs, based items as included in wages. In accordance with the foregoing prin­ upon a fair objective evaluation of duties ciples, the wages to be considered in and functions, irrespective of the sex of The reasonable cost or fair value of determining compliance with^the equal the workers assigned to them (General certain perquisites, as provided in sec­ pay provisions include, in addition to Electric Co. and Westinghouse Electric tion 3(m) of the Act and Part 531 of this such payments as hourly and daily wages, Corp., Case No. 111-17208-D and 111- chapter is, by definition, a part of the sums paid as weekly, monthly, or annual 17209-D, Dec. 12,1945). wage paid to an employee for purposes of salaries; wages measured by pieces pro­ the Act. Section 3(m) provides that duced or tasks performed; commissions, § 800.115 Inequalities in pay that raise questions under the Act. the wage paid to any employee includes bonuses or other payments measured by “the reasonable cost, as determined by production, efficiency, attendance, or It is necessary to scrutinize with the Secretary of Labor, to the employer other job-related factors, or agreed to especial care those inequalities in pay of furnishing such employee with board, be paid under the employment contract; between employees of opposite sexes lodging, or other facilities, if such board, standby and on-call pay; and extra pay­ which may indicate a pattern of discrimi­ lodging, or other facilities are custom­ ments made for hazardous, disagreeable, nation in wage payment that is based on arily furnished by such employer to his or inconvenient working conditions. sex. Thus, a serious question would be employees”. As an exception to this These are illustrative, although not ex­ raised where such an inequality, alleged­ rule, section 3(m) provides the cost of haustive, of the types of payments in­ ly based on a difference in job content, is board, lodging, or other facilities shall cluded, when part of the remuneration in fact one in which the employees occu­ not be included as a part of the wage for employment, in the wages to be com­ pying the job purportedly requiring the paid to any employee to the extent it is pared where employees of opposite sexes higher degree of skill, effort, or respon­ excluded therefrom under the terms of are employed in jobs subject to the equal sibility receives the lower wage rate. a bona fide collective-bargaining agree­ pay standard. On the other hand, the Likewise, because the equal pay amend­ ment applicable to the particular em­ “wages” which are compared for equal ment was designed to eliminate wage ployee. A further provision of section pay purposes do not include bona fide rate differentials which are based on 3(m) authorizes the Secretary “to deters gifts or payments in the nature of gifts sex, situations will be carefully scruti­ mine the fair value of such board, lodg­ which would be excluded from the em­ nized where employees of only one sex ing, or other facilities for defined classes ployee’s regular rate under section 7(d) are concentrated in the lower grades of of employees and in defined areas, based (1) of the Act and 29 CFR 778.212. Like­ the wage scale, and where there does on average cost to the employer or to wise, sums paid as discretionary bonuses not appear to be any material relation­ groups of employers similarly situated, or are not considered wages for equal pay ship other than sex between the lower average value to groups of employees, or purposes if such payments meet the re­ wage rates paid to such employees and other appropriate measures of fair quirements of section 7(d) (3) (a) of the the higher rates paid to employees of the value.” The statute directs that such Act and 29 CFR 778.211. Study is still opposite sex. Such concentrations in evaluations, “where applicable and per- being given to some categories of pay­ rate range situations may occur also ment, shall be used in lieu of actual ments made in connection with employ­ where an employer follows a practice of Pleasure of cost in determining the wage ment subject to the Act, to determine paying a range of rates to newly hired Paid to any employee”. As explained hr whether and to what exent such pay­ employees. Differentials in entrance art 531 of this chapter, it is the above ments are remuneration for employment rates will not constitute a violation of the provision of the Act which governs the that must be counted as part of wages equal pay principle if the factors taken Payment, otherwise than in cash, of for equal pay purposes. These categories into consideration in determining which ages which the Act requires. Regula- of payments include sums paid in recog­ rate is to be paicTeach employee are ap­ ons under which the reasonable cost or nition of services performed during a plied equally to men and women. This mo. Yalue of such facilities furnished would be true, for example, if all per­ given period pursuant to a bona fide nf comPuted for inclusion as part sons who have a parent employed by the profit-sharing plan or trust meeting the oi tne wages required by the Act are also firm are paid at the highest rate of the contained in Part 531 of this chapter. requirements of 29 CFR 549 or pursuant rate range whether they are men or wom­ to a bona fide thrift or savings plan § 800.113 Particular types of payments en. However, if in a particular establish­ as wages. meeting the requirements of 29 CFR 547, ment all persons of one sex tend to be and contributions irrevocably made by an paid at the lowest rate of the range and In addition to the examples refe employer to a trustee or third person employees of the opposite sex hired to illn«ft !-§ some fin pursuant to a bona fide plan for pro­ perform the same work tend to be paid trations of the types of paym viding old-age, retirement, life, accident, at the highest rate of the range, and if 11510 RULES AND REGULATIONS no specific factor or factors other than hibited wage rate differential is being p. 9219). Congress did not intend that sex appear to be associated with the dif­ paid if their work is subject to the equal inconsequential differences in job con­ ference in pay, a serious question would pay standard and the differential is not tent would be a valid excuse for payment be raised as to whether the pay practice shown to come within any of the specified of a lower wage to an employee of one involves prohibited wage differentials. exceptions. sex than to an employee of the opposite (d) Contributions to employee benefit sex if the two are performing equal work § 800.116 Equality and inequality of pay in particular situations. plans. If employer contributions to a on essentially the same jobs in the same plan providing insurance or similar establishment. It will be remembered in (a) Overtime work. Because over­ benefits to employees are equal for both this connection that the National War time premiums are a part of wages for men and women, no wage differential Labor Board (to the experience of which purposes of the equal pay provisions, prohibited by the equal pay provisions attention is directed in the Senate and where men and women receive the same will result from such payments, even House Committee Reports) developed a straight-time rates for work subject to though the benefits which accrue to the policy of ignoring inconsequential dif­ the equal pay standards, but the men employees in question are greater for one ferences in job content in administering receive an overtime premium rate sex than for the other. The mere fact equal pay for equal work provisions of twice the straight-time rate while the that the employer may make unequal (Brown & Sharp Manufacturing Co. Case women receive only one and one-half contributions for employees of opposite No. 2228-D, September 25, 1942). On times the straight-time rate for over­ sexes in such a situation will not, how­ the other hand, it is clear that Congress time, a prohibited wage rate differential ever, be considered to indicate that the did not intend to apply the equal pay is being; paid. On the other hand, where employer’s payments are in violation of standard to jobs substantially differing male and female employees perform section 6 (d ), if the resulting benefits are in their terms and conditions. Thus, the equal work during regular hours but em­ equal for such employees. question of whether a female book­ ployees of one sex only continue working (e) Commissions. The establishment keeper should be paid as much as a male overtime into another work period, work^ of different rates of commission on dif­ file clerk required to perform a substan­ performed during this later period may ferent types of merchandise would not tially different job is outside the pur­ be compensated at a higher rate where result in a violation of the equal pay view of the equal pay provisions. It is such is required by law or is the cus­ provisions where the factor of sex pro­ also clear that the equal pay standard is tomary practice of the employer. How­ vides no part of the basis for the differ­ not to be applied where only men are ever, in such a situation the payment of ential. employed in the establishment in one job the higher rate to employees of one sex and only women are employed in a dis­ §§ 800.117-800.118 [Reserved] for all hours worked, including the non­ similar job. For example, the standard overtime hours when they are perform­ T h e E q u a l P a y for E q u a l W o r k would not apply where only women are ing equal work with employees of the op­ S tandard—G e n e r a l l y employed in clerk typist positions and posite sex, would result in a violation § 800.119 The job concept in general. only men are employed in jobs as ad­ of the equal pay provisions. If male ministrative secretaries if the latter and female employees are performing Section 6 (d )(1 ) of the Act prohibits really require substantially different equal work in the establishment during an employer from paying to employees duties. regular hours but only some of these em­ of one sex wages at rates lower than he ployees continue working into an over­ pays employees of the opposite sex for § 800.121 Job content controlling. time period, payment of a higher wage “equal work on jobs” described by the Application of the equal pay standard rate for the overtime worked would not statute in terms of equality of the “skill, is not dependent on job classifications be in violation of the equal pay standard effort, and responsibility” required for or titles but depends rather on actual job so long as it were paid for the actual performance and similarity of the requirements and performance. For ex­ overtime hours worked by the employees, “working conditions” under which they ample, the fact that jobs performed by whether male or female. are performed. This descriptive lan­ male and female employees may have the (b) Special assignments. The fact guage refers to.“jobs”. In applying the same total point value under an evalua­ that an employee may be required to various tests of equality to the require­ tion system in use by the employer does perform an additional task outside his ments for the performance of such jobs, not in itself mean that the jo b s con­ regular working hours would not justify it will generally be necessary to scruti­ cerned are equal according to the terms payment of a higher wage rate to that nize the job as a whole and to look at of the statute. Conversely, although the employee for all hours worked. How­ the characteristics of the jobs being point values allocated to jobs may add ever, employees who are assigned a dif­ compared over a full work cycle. This up to unequal totals, it does not neces­ ferent and unrelated task to be per­ will be true because the kinds of activi­ sarily follow that the work being per­ formed outside the regular workday may ties required to perform a given job and formed in such jobs is unequal when the under some circumstances be paid at a the amount of time devoted to such ac­ statutory tests of the equal pay standard different rate of pay for the time spent tivities may vary from time to time. As are applied. Job titles are frequently of in performing such additional duty pro­ the legislative history makes clear, the such a general nature as to provide very vided such rate is commensurate with equal pay standard provided by the Act little guidance in determining the ap­ the task performed. For example, sup­ is designed to eliminate any wage rate plication of the equal pay standard. For pose a male employee is regularly em­ differentials which are based on sex; example, the job title “clerk” may be ployed in the same job with female em­ nothing in the equal pay provisions is applied to employees who perform a va­ ployees in the same establishment in intended to prohibit differences in wage riety of duties so dissimilar as to place work which requires equal skill, effort, rates that are based not at all on sex many of them beyond the scope of com­ and responsibility and is performed but wholly on other factors. (See S. parison under the statute. Similarly, under similar working conditions, ex­ Rept. No. 176, 88th Cong. 1st sess., p. 4; jobs included under the title “stock cept that the male employee must carry H. Rept. No. 309, 88th Cong. 1st sess., clerk” may include an employee of one money to a bank after the establishment p. 2.) sex who spends all or most of his work­ closes at night. Such an employee may § 800.120 Effect o f differences between ing hours in shifting and moving goods be paid at a different rate for the time jobs in general. in the establishment whereas another spent in performing this unrelated task employee, of the opposite sex, may also if the rate is appropriate to the task There is evidence that Congress in­ be described as a “stock clerk” but be performed and the payment is bona fide tended that jobs of the same or closely engaged entirely in checking inventory. and not simply used as a device to escape related character should be compared in Clearly, the equal pay standard would the equal pay requirements of the Act. applying the equal pay for equal work not apply where jobs require such sub­ (c) Vacation or holiday pay. Since standard (Daily Congressional Record, stantially different duties, even though vacation or holiday pay is deemed to be House, May 23, 1963, pp. 8686, 8698). the job titles are identical. In other sit­ remuneration for employment included Jobs that require equal skill, effort, and uations, including those which exist in in wages within the meaning of the Act, responsibility in their performance with­ the case of jobs identified by the general if employees of one sex receive vacation in the meaning of the Act are usually not title “retail clerks”, the facts may pay for a greater number of hours than identical in every respect (Daily Con­ that equal skill, effort, and responsibility employees of the opposite sex, a pro­ gressional Record, Senate, May 28, 1963, are required in the jobs of male and fe- Thursday, September 9, 1965 FEDERAL REGISTER 11511 male employees notwithstanding they does not warrant any conclusion that the performance of like jobs in other estab­ are engaged in selling different kinds of jobs are outside the purview of the equal lishments or not. merchandise. In all such situations, the pay standard. Such a conclusion would § 800.124 Comparing “exempt” and application of the equal pay standard be especially inappropriate if the em­ “nonexempt” jobs. will have to be determined by applying ployees of the sex to whom the less Situations sometimes arise in which it the terms of the statute to the full fac­ skilled work was assigned received a is alleged that lower wages are being tual situation. higher rate of pay. There are, of course, paid, in violation of the Act, to a non­ situations in which a review of all the § 800.122 General guides for testing exempt employee than to an exempt em­ pertinent facts, will clearly establish equality of jobs. ployee of the opposite sex for equal work that the male and female employees in on jobs said to be equal within the mean­ (a) What constitutes equal skill, equal question are not performing equal work effort, or equal responsibility cannot be ing of the Act. Usually it is necessary in on jobs which are equal in their require­ such a case to scrutinize carefully the precisely defined. In interpreting these ments of skill, effort, and responsibility key terms of the statute, the broad re­ respective job requirements, working and which are performed under similar conditions, and pay arrangements before medial purpose of the law must be taken working conditions. Where it is clear into consideration. The terms are con­ it is possible to reach an informed judg­ that this is so, the existence or extent of ment as to the existence of any violation sidered to constitute three separate tests, a wage differential between employees of each of which must be met in order for of the Act. To illustrate, suppose it is opposite sexes cannot of itself provide a alleged that employees of opposite sexes the equal pay standard to apply. In basis for holding an employer liable for applying the tests it should be kept in are performing equal work within the violations under the provisions of section meaning of the Act and that a wage dis­ mind that “equal” does not mean “iden­ 6(d) of the Act. tical” (Daily Congressional Record, Sen­ crimination on account of. sex exists ate, May 28, 1963, p. 9219). Insubstan­ § 800.1231 Determining equality of job because one of such employees, but not tial or minor differences in the degree or content in general. the other, is paid the minimum compen­ amount of skill, or effort, or responsibil­ In determining whether differences in sation on a salary basis which is required ity required for the performance of jobs job content are substantial in order to for exemption as a bona fide executive will not render the equal pay standard establish whether or not employees are or administrative employee and is treated inapplicable. On the other hand, sub­ performing equal work within the mean­ by the employer as such an exempt em­ stantial differences, such as those cus­ ing of the Act, the amounts of time which ployee under section 13(a) (1) of the Act tomarily associated with differences in employees spend in the performance of and the regulations in 29 CFR Part 541. wage levels when the jobs are performed different duties are not the sole criteria. In such a case, regard must be had to the by persons of one sex only, will ordi­ It is also necessary to consider the degree fact that the regulations define an em­ narily demonstrate an inequality as be­ of difference in terms of skill, effort, and ployee employed in a bona fide executive tween the jobs justifying differences in responsibility. These factors are related or administrative capacity in terms of pay. In determining whether job differ­ in such a manner that a general standard the coexistence of a number of factors, ences are so substantial as to make jobs to determine equality of jobs cannot be only one of which is the recepit of com­ unequal, it is pertinent to inquire set up solely on the basis of a percentage pensation in a specified minimum whether and to what extent significance of time. Consequently, a finding that amount on a salary basis. The existence has been given to such differences in set­ one job requires employees to expend of all these factors must be verified to ting the wage levels for such jobs. Such greater effort for a certain percentage determine whether the employer is cor­ an inquiry may, for example, disclose of their working time than employees rect in treating the employee who re­ that apparent differences between jobs performing another job, would not in ceives such salary as exempt. Regard have not been recognized as relevant for itself establish that the two jobs do not must also be had to the fact that an em­ wage purposes and that the facts as a constitute equal work. Similarly, the ployee who qualifies for exemption, be­ whole support the conclusion that the performance of jobs on different ma­ cause all the factors required by the differences are too insubstantial to pre­ chines or equipment would not neces­ regulations coexist, may be required to vent the jobs from being equal in all sarily result in a determination that the work as many hours as the employer may significant respects under the law. work so performed is unequal within the be able to persuade him to work for the (b) To illustrate, where employees of meaning of the statute if the equal pay stated salary, without any necessity of opposite sexes are employed in jobs in provisions otherwise apply. If the dif­ compliance by the employer with the which the duties they are required to ference in skill or effort required for the minimum wage, equal pay or overtime perform and the working conditions are operation of such equipment is inconse­ compensation requirements of the Act. substantially the same, except that an quential, payment of a higher wage rate This is important because the fact that employee of one sex is required to per­ to employees of one sex because of a another employee of the opposite sex form some duty or duties involving a difference in machines or equipment doing similar work does not receive the higher skill which an employee of the would constitute a prohibited wage rate salary requisite for an exemption under other sex is not required to perform, the differential. Likewise, the fact that jobs the regulations would not in all cases fact that the duties are different in this are performed in different departments mean that such employee is being paid at respect is insufficient to remove the jobs or locations within the establishment a lower rate of pay. In fact, because from the application of the equal pay would not necessarily be sufficient to the nonexempt employee must receive standard if it also appears that the em­ demonstrate that unequal work is in­ at least the minimum wage for every ployer is paying a lower wage rate to the volved where the equal pay standard hour worked and the prescribed addi­ employee performing the additional du­ otherwise applies. This is particularly tional compensation at the specified ties notwithstanding the additional skill true in the cáse of retail establishments, multiple of the regular rate for every which they involve. In other situations, and unless a showing can be made by the such hour in excess of the applicable where employees of opposite sex are employer that the sale of one article re­ maximum workweek, it is possible, de­ employed in jobs which are equal in the quires such a higher degree of skill or pending on the length of the workweek, levels of skill, effort, and responsibility effort than the sale of another article as that the pay in the nonexempt job may required for their performance, it may be to render the equal pay standard inap­ exceed the salary paid in the exempt job alleged that the assignment to employees plicable, it will be assumed that the sales­ for the identical number of hours worked. of one sex but not the other of certain men and saleswomen concerned are For these reasons, a comparison of ex­ duties requiring less skill makes the jobs performing equal work. Although the empt and nonexempt jobs requires care­ °° different for comparison under the equal pay provisions apply on an estab­ ful examination of all the facts and does not lend itself to the application of any equal pay provisions. But so long as lishment basis and the jobs to be com­ e higher level of skill is required for pared are those in the particular estab­ general rules. ® f erformance of the jobs occupied by lishment, all relevant evidence that may E q u a l S k il l employees of both sexes, the fact that demonstrate whether the skill, effort, and § 800.125 Jobs requiring equal skill in orne of the duties assigned to employees responsibility required in the jobs at the performance. oi one sex require less skill than the em- particular establishment are equal should The jobs to which the equal pay stand­ p oyee must have for the job as a whole be considered, whether this relates to the ard is applicable are jobs requiring equal 11512 RULES AND REGULATIONS skill in their performance. Where the in the performance of jobs, the equal E q u a l R esponsibility amount or degree of skill required to pay standard cannot apply even though perform one job is substantially greater the jobs may be equal in all other re­ § 800.129 Jobs requiring equal re­ sponsibility in performance. than that required to perforai another spects. Effort is concerned with the job, the equal pay standard cannot ap­ measurement of the physical or mental The jobs to which the equal pay ply even though the jobs may be equal exertion needed for the performance of standard applies are jobs in the per­ in all other respects. Skill includes con­ a job. Where jobs are otherwise equal formance of which equal responsibility sideration of such factors as experience, under the Act, and there is no substantial is required. Responsibility is concerned training, education, and ability. It must difference in the amount or degree of with the degree of accountability re­ be measured in terms of the performance effort which must be expended in per­ quired in the performance of the job, requirements of the job. If an employee forming the jobs under comparison, the with emphasis on the importance of the must have essentially the same skill in jobs may require equal effort in their per­ job obligation. Differences in the degree order to perform either of two jobs, the formance even though the effort may of responsibility required in the per­ jobs will qualify under the Act as jobs be exerted in different ways on the two formance of otherwise equal jobs cover the performance of which requires equal jobs. Differences only in the kind of a wide variety of situations. The fol­ skill, even though the employee in one effort required to be expended in such a lowing illustrations in § 800.130, which of thè jobs may not exercise the required situation will not justify wage differen­ are by no means exhaustive, may suggest skill as frequently or during as much of tials. the nature or degree of differences in his working time as the employee in the § 800.128 Comparing effort require­ responsibility which will constitute un­ other job. Possession of a skill not ments o f jobs. equal work. needed to meet requirements of the job cannot be considered in making a deter­ To illustrate the principle of equal ef­ § 800.130 Comparing responsibility re­ quirements of jobs. mination regarding equality of skill. fort exerted in different ways, suppose The efficiency of the employee’s per­ that a male checker employed by a super­ (a) There are many situations where formance in the job is not in itself an market is required to spend part of his one employee of a group performing appropriate factor to consider in evalu­ time carrying out heavy packages or re­ jobs which are equal in other respects ating skill. placing stock involving the lifting of is required from time to time to assume heavy items whereas a female checker supervisory duties for. reasons such as § 800.126 Comparing skill requirements is required to devote an equal degree of the absence of the regular supervisor. o f jobs. effort during a similar portion of her Suppose, for instance, that it is the em­ As a simple illustration of the prin­ time to performing fill-in work requiring ployer’s practice to pay a higher wage ciple of equal skill, suppose that a man greater dexterity— such as rearranging rate to such a “relief” supervisor with and a woman have jobs classified as typ­ displays of spices or other small items. the understanding that during the in­ ists. Both jobs require them to spend The difference in kind of effort required tervals in which he performs supervisory two-thirds of their working time in typ­ of the employees does not appear to make duties he is in training for a supervisory ing and related activities, such as proof­ their efforts unequal in any respect which position. In such a situation, payment reading and filing, and the remaining would justify a wage differential, where of the higher rate to him might well be one-third in diversified tasks, not nec­ such differences in kind of effort ex­ based solely on the additional responsi­ essarily the same. Since there is no pended to perform the job are not ordi­ bility required to perform his job and difference in the skills required for most narily considered a factor in setting wage the equal pay provisions would not re­ of their work, whether or not these jobs levels. Further, the occasional or quire the same rates to be paid to an require equal skill in performance will sporadic performance of an activity employee of the opposite sex in the group depend upon the nature of the work the which may require extra physical or who does not have an equal responsi­ employees must actually perform during mental exertion is not alone sufficient to bility. There would clearly be no ques­ this latter period to meet the require­ justify a finding of unequal effort. Sup­ tion concerning such a wage rate differ­ ments of the jobs. If it happens that the pose, however, that men and women are ential if the employer pays the higher man, during the remaining one-third of working side by side on a line assembling rate to both men and women who are the time, spends twice as much time op­ parts. Suppose further that one of the called upon from time to time to assume erating a calculator as does the woman men who performs the operations at the such supervisory responsibilities. who prefers and is allowed to do most of end of the line must also lift the assem­ (b) Other differences in responsibili­ the copying work required in the office, bly, as he completes his part of it, and ties of employees in generally similar this would not preclude a conclusion that place it on a waiting pallet. In such a jobs may require similar conclusions. the performance of the two jobs requires situation, a wage rate differential might Sales clerks, for example, who are en­ equal skill if there is actually no distinc­ be justified for the person (but only for gaged primarily in selling identical or tion in the performance requirements the person) who is required to expend the similar merchandise may be given differ­ of such jobs so far as the skills utilized in extra effort in the performance of his ent responsibilities. Suppose that one these tasks are concerned. Even if the job, provided that the extra effort so employee of such a group (who may be man were required to do all of the cal­ expended is substantial and is performed either a man or a woman) is authorized culating work in order to perform his over a considerable portion of the work and required to determine whether to cycle. Hov/ever, a serious question would job, it is not at all apparent that the accept payment for purchases by per­ jobs would require substantially different be raised about the bona fides of a wage sonal checks of customers. The person differential if it is paid to a male em­ degrees of skill unless it should appear having this authority to accept personal that operation of that calculator requires ployee who is otherwise performing equal checks may have a considerable addi­ work with female employees on the basis more training and can command a tional degree of responsibility which may that the male is required to do some higher wage than the typing and related materially affect the business operations heavy lifting, unless a similar distinction work performed by both the man and the of the employer. In this situation, pay­ woman, and that the work required to be in wage rates is made in the establish­ ment of a higher wage rate to this em­ done by the woman in the remaining ment as between male employees only where some do heavy lifting and others ployee woifld be permissible. one-third of the time requires less train­ (c) On the other hand, there ar do not. In general, a wage rate differen­ ing and is recognized as commanding a situations where one employee of tn^ tial based on differences in the degree or lower wage whether performed by a man group may be given some minor re­ amount of effort required for perform­ or a woman. sponsibility which the others do n ance of jobs must be applied uniformly E q u a l E ffo rt have (e.g., turning out the lights m n to men and women. For example, if all department at the end of the business § 800.127 Jobs requiring equal effort in women and some of the men performing day) but which is not of sufficient c o - performance. a particular type of job do not perform sequence or importance to justify a lin ­ The jobs to which the equal pay stand­ heavy lifting, and some men do, payment ing of unequal responsibility. As a ard is applicable are jobs that require of a higher wage rate to all of the men other example of a minor difference - equal effort to perform. Where substan­ than to the women would constitute a responsibility, suppose that office e - tial differences exist in the amount or de­ prohibited wage rate differential if the ployees of both sexes work in Jobs gree of effort required to be expended equal pay provisions otherwise apply. sentially alike but at certain interva 11513 Thursday, September 9, 1965 FEDERAL REGISTER pears to be that the burden of estab­ male and female employee performing §§ 800.133-800.139 [Reserved] lishing a prima facie case of violation of otherwise equal work within the mean­ E x c e p t io n s t o E q u a l P a y S t a n d a r d the equal pay provisions includes not only ing of the statute are responsible for the a showing of the facts necessary to estab­ office payroll. One of these employees § 800.140 The specified exceptions. lish a failure to comply with the Act’s may be assigned the job of checking Section 6 (d) (1) of the Act provides general standard, but also a showing that time cards and compiling the payroll three specific exceptions and one broad no facts exist that could bring the wage list. The other, of the opposite sex, may general exception to its general standard differential within an exception. In this be required to make out paychecks, or requiring that employees doing equal view, the employer would not have to divide up cash and put the proper work be paid equal wages, regardless of show facts necessary to prove the excep­ amounts into pay envelopes after draw­ sex. Under these exceptions, where it tion as an affirmative defense (Daily Con­ ing a payroll check. - In such circum­ can be established that a differential in gressional Record, House, May 23, 1963, stances, although some of the employ­ pay is the result of a wage payment made p. 8698). But if the exceptions are in­ ees’ duties are occasionally dissimilar, pursuant to a seniority system, a merit tended to have an exempting effect, as the difference in responsibility involved system, a system measuring earnings was indicated by House committee would not appear to be of a kind that by quantity or quality of production, or spokesmen (H. Rept. No. 309, 88th Cong., is recognized in wage administration as that the differential is based on any other a significant factor in determining wage factor other than sex, the differential is 1st sess., p. 3; statement of Subcommit­ tee Chairman Thompson, Daily Con­ rates. Under such circumstances, this expressly excluded from the statutory gressional Record, House, May 23, 1963, difference would seem insufficient to prohibition of wage discrimination based p. 8685), it seems plain that a view such justify a wage rate differential between on sex. The legislative intent was stated as that expressed above is not consistent the man’s and the woman’s job if the to be that any discrimination based upon equal pay provisions otherwise apply. any of these exceptions shall be ex­ with the general rule established by the empted from the operation of the statute., courts that the application of an exemp­ S im il a r W o r k i n g C o n d i t i o n s These exceptions recognize, as do the tion under this Act is a matter of af­ § 800.131 Jobs performed under simi­ reports of the legislative committees, that firmative defense and the employer urg­ lar working conditions. there are factors other than sex that ing such an exemption has the burden of showing that it applies. (See Phillips In order for the equal pay standard can be used to justify a wage differential, even as between employees of opposite v. Walling, 334 U.S. 490; Arnold v. Ka- to apply, thé jobs must be performed nowsky, 361 U.S. 388; Walling v. Gen­ under similar working conditions. It sexes performing equal work on jobs which meet the statutory tests of equal eral Industries Co., 330 U.S. 545; Mitchell should be noted that the statute adopts v. Kentucky Finance Co., 359 U.S. 290.) the flexible standard of similarity as a skill, effort, and responsibility and sim­ ilar working conditions. (See H. Rept. On balance, it would be difficult to con­ basis for testing this requirement. In clude from the legislative history that it determining whether the requirement is No. 309, S. Rept. No. 176, 88th Congress lstsess.) was the intent of Congress to super­ met, a practical judgment is required in sede this established rule by applying a the light of whether the differences in § 800.141 Establishing application o f different rule to these provisions than to working conditions are the kind cus­ an exception. other exemptions from section 6 or 7. tomarily taken into consideration in set­ (a) The facts necessary to establish The House committee report emphasized ting wage levels. The mere fact that that a wage differential has a basis speci­ that the “now familiar system of * * * jobs are in different departments of an fied in any of the foregoing exceptions administration, and enforcement, * * * establishment will not necessarily mean are peculiarly within the knowledge of will be utilized fully to complement the that the jobs are performed under dis­ the employer. If he relies on the ex­ new provision” and many statements similar working conditions. This may cepting language to exempt a differential in the legislative debates as well as the or may not be the case. in pay from the operation of the equal report of the Senate committee further § 800.132 Determining similarity of pay provisions, he will be expected to indicate a well-understood legislative in­ working conditions. show the necessary facts. Thus, such a tent to apply and enforce the equal pay Generally, employees performing jobs showing will be required to demonstrate provisions in a manner consistent with requiring equal skill, effort, and respon­ that a “payment of wages to employees at the familiar procedures traditionally fol­ sibility are likely to he performing them a rate less than the rate at which he pays lowed under the Act in the administra­ under similar working conditions. How­ employees of the opposite sex is based on tion and enforcement of its labor stand­ ever, in situations where some employees a factor other than sex where it appears ards. (H. Rept. No. 309, S. Rept. No. Performing work meeting these stand­ that such payments are for equal work 176, 88th Cong. 1st sess.; Daily Con­ ards have working conditions substan­ on jobs the performance of which re­ gressional Record, House, May 23, 1963, tially different from those required for quires equal skill, effort, and responsibil­ pp. 8692, 8705; Daily Congressional Rec­ the performance of other jobs the equal ity, and which are performed under ord, Senate, May 28,1963, pp. 9219-9220). Pay principle would not apply. For ex­ similar working conditions within the Also pertinent is the understanding ex­ ample, if some sales persons are engaged meaning of the statute. After careful pressed by the House sponsors that a in selling a product exclusively inside a examination of the legislative history “bona fide program” that “does not dis­ store and others employed by the same and the judicial precedents, this is be­ criminate on the basis of sex will serve establishment spend a large part of their lieved to be the most reasonable con­ as a valid defense to a charge of dis­ struction of the law and the one which time selling the same product away from crimination” (H. Rept. No. 309, 88th will be approved by the courts. However, Cong. 1st sess.; Daily Congressional Rec­ the establishment, the working condi­ because there is some legislative history ord, House, May 23, 1963, p. 8685) and tions would be dissimilar. Also, where that could support a different view, the the clarifying remarks of the subcom­ some employees do repair work exclu­ reasons for reaching the foregoing con­ mittee chairman managing the House- sively inside a shop while others em­ clusions are explained in some detail in passed legislation in the Senate, who ployed by the shop spend most of their paragraph (b) of this section. said: “The employer’s defense, if it is time doing similar repair work in cus­ (b) The legislative history of the based on an employer’s plan, must be a tomers’ homes, there would not be sim­ Equal Pay Act amendments to the Fair bona fide one; and the burden of demon­ ilarity in working conditions. On the Labor Standards Act includes some state­ strating the legitimacy of that defense other hand, slight or inconsequential ments in the House debate, by a mem­ will rest upon the employer.” (Daily differences in working conditions that ber of the House committee who was an Congressional Record, Senate, May 28, are essentially similar would not justify active sponsor of the legislation in the 1963, p. 9219). On review of the legisla­ a differential in pay. Such differences form approved by the committee, ex­ tive history as a whole, therefore, the are not usually taken into consideration pressing a view differing from that stated most reasonable conclusion appears to by employers or in collective bargaining in paragraph (a) of this section. The be that the position expressed in para­ in setting wage rates. opinion expressed in these statements ap- graph (a) of this section is the better No. 174------a ., ... : 11514 RULES ANO REGULATIONS

view, and that it is consistent with the conclusion that there is no wage discrim­ situation where a company wishes to legislative intent to consider the statu­ ination based on sex would be warranted. transfer a long-service male employee, tory exceptions, like other exemptions To illustrate further, a compensation who can no longer perform his regular from section 6, as matters of affirma­ plan which provides for a higher rate of job because of ill health, to. different work tive defense and to require an employer commission, “draw”, advance or guar­ which is now being performed b y women. who believes he comes within them to antee for sales employees of one sex than Under the “red circle” principle the em­ show facts establishing that this is so. for employees of the opposite sex per­ ployer may continue to pay the male § 800.142 Sex must not be a factor in forming “equal work” would be in employee his present salary, which is excepted wage differentials. violation of the equal pay provisions of greater than that paid to the women the Act unless the employer can estab­ employees, for the work both will be do­ While differentials in the payment of lish that the differential in pay is pur­ ing. Under such circumstances, main­ wages are permitted when it can be suant to a seniority system, a merit sys­ taining an employee’s established wage shown that they are based on a seniority tem, or a system measuring earnings by rate, despite a reassignment to a less system, a merit system, a system measur­ quantity or quality of production, or is demanding job, is a valid reason for the ing earnings by quantity or quality of based on any other factor other than differential even though other employees production, or on any other factor other sex. A compensation plan which pro­ performing the less demanding work than sex, the requirements for such an vides for a “draw” based on a percentage would be paid at a lower rate, since the exception are not met unless the factor of each employee’s earnings during a differential is based on a factor other of sex provides no part of the basis for the specified prior period would not be in than sex. However, where w age rate wage differential. If these conditions violation of the equal pay provisions of "differentials have been or are being paid are met, the fact that application of the the Act if the plan is applied equally to on the basis of sex to employees perform­ system for measuring earnings results in men and women. However, for all men ing equal work, rates of the higher paid higher average earnings for employees to receive a higher draw, because it is the employees may not be “red circled” in of one sex than for employees of the op­ employer’s experience that men gener­ order to comply with the Act. T o allow posite sex performing equal work would ally earn more in commissions than this would only continue the inequities not constitute a prohibited wage dif­ women, would not be sufficient indication which the Act was intended to cure. ferential. However, to come within the that the differential is based on a factor § 800.147 Examples— temporary reas- exempting provisions, any system or fac­ other than sex. tor of the type described pursuant to - signments. which a wage rate differential is paid § 800.144 Excepted “ systems” . For a variety of reasons an employer must be applied equally to men and The exceptions for a seniority "sys­ may require an employee, for a short women whose jobs require equal skill, tem”, a merit “system”, and a “system” period, to perform the work of a job effort, and responsibility and are per­ for measuring earnings by quantity or classification other than the employee’s formed under similar working conditions. quality of work are not restricted to, al­ regular classification. If the employee’s Any evaluation, incentive, or other pay­ though they include, formal systems or rate for his regular job is higher than ment plan which establishes separate systems or plans that are reduced to the rate usually paid for the work to and different “male rates” and “female writing. Such formal or written systems which he is temporarily reassigned, the rates” without regard to job content will or plans may, of course, provide better employer may continue to pay him the be carefully examined to determine if evidence of the actual factors which pro­ higher rate, under the “red circle” prin­ these rate differentials are based on sex vide a basis for a wage differential, but ciple. For instance, an employer who in violation of the equal pay require­ any informal or unwritten system or plan must reduce help in a skilled job may ments. which can be shown to provide the basis transfer employees,to less demanding § 800.143 Establishing absence of sex for differentials in wage rates because of work without reducing their pay, in order as a factor. seniority, merit, or quantity or quality of to have them available when they are production may qualify under the statu­ again needed for their former jobs. Al­ A showing that a wage differential is tory language if it can be demonstrated though employees traditionally engaged based on a factor other than sex, so as that the standards or criteria applied in performing the less demanding work to come within one of the exceptions in under it are applied pursuant to an es­ would, be paid at a lower rate than those section 6( d ) ( 1 ), may sometimes be in­ tablished plan the essential terms and employees transferred from the more complete without a showing that there conditions of which have been communi­ skilled jobs; the resultant wage differen­ is a reasonable relationship between the cated to the affected employees. tial would not constitute a violation of amount of the differential and the the equal pay provisions since the differ­ weight properly attributable to the fac­ § 800.145 Application o f exceptions il­ lustrated— in general. ential is based on factors other than sex. tor other than sex. To illustrate, sup­ This would be true during the period of pose that male clerks who work 40 hours When applied without distinction to time for which the “red circle” rate is each week and female clerks who work employees of both sexes, shift differen­ bona fide. (See § 800.146.) Temporary 35 hours each week are performing equal tials, incentive payments, production reassignments may also involve the op­ work on jobs the performance of which bonuses, performance and longevity posite relationship of wage rates. Thus, requires equal skill, effort, and responsl- raises and the like will not result in equal an employee may be required, during the bility, and which are performed under pay violations. For example, in an es­ period of temporary reassignment, to similar working conditions. If they are tablishment where men and women are perform work for which employees of paid weekly salaries for this work, a employed on a job, but only men work on the opposite sex are paid a higher wage differential in the amounts could be the night shift for which a night shift rate than that paid for the duties of justified as based on a difference in hours differential is paid, such a differential the employee’s regular job classification. of work, a difference based on a factor would not be prohibited. However, the In such a situation, the employer may other than sex which the chairman of payment of a higher hourly rate to all continue to pay the reassigned employee the House subcommittee stated would men on that job for all hours worked at the lower rate, if the rate is not based “be exempted under this act.” (Daily because some of the men may occasion- on quality or quantity of production, Congressional Record, House, p. 8685, álly work nights would result in a pro­ and if the reassignment is in fact a tem­ May 23, 1965.) But if th^ difference in hibited wage differential. The examples porary one. If a piece rate is paid em­ salaries paid is too great to be accounted (in the sections following) illustrate a ployees of the opposite sex who perform for by the difference in hours of work, as few applications of the exception provi­ the work to which the employee in ques­ where the male clerks are paid $90 for sions. tion is reassigned, failure to pay that their 40-hour week (equal to $2.25 an § 800.146 Examples— “ red circle” rales, employee the same piece rate paid sucn hour) and the female clerks receive only in general. other employees would raise questions of discrimination based on sex. Also, $70 for their- 35-hour week (equal to The term “red circle” rates describes $2.00 an hour), then it would seem neces­ certain unusual, higher than normal, failure to pay the higher rate to the re­ sary to show some other factor other wage rates which are maintained for assigned employee after it becomes than sex as the basis for the unexplained many reasons. An example of the use known that the reassignment will no portion of the wage differential before a of a “red circle” rate might arise in a be of a temporary nature would raise 11515 Thursday, September 9, 1965 FEDERAL REGISTER § 800.162 Overtime payments required question whether sex rather than the pay provisions even though equal work by State law. temporary nature of the assignment is is performed by both groups of workers. the real basis for the wage differential. For example, no violation would result The application of the equal pay pro­ Generally, failure to pay the higher rate where payment Of such a differential visions of the Act may also be affected for a period longer than one month will conforms with the nature and duration by State legal requirements with respect raise questions as to whether the reas­ of the job and with the customary prac­ to overtime pay. If as a result of a State signment was in fact intended to be a tice in the industry and the establish­ law, female employees in an employer’s temporary one. ment, and the pay practice is applied establishment are paid overtime premi­ uniformly to both men and women. ums for hours worked in excess of a §800.148 Examples— training pro­ Generally, employment for a period prescribed maximum in any workday or grams. . . longer than one month will raise ques­ workweek, the employer must pay male Employees employed under a bona fide tions as to whether the employment is employees performing equal work in such training program may, in the further­ in fact temporary. Likewise, the pay­ establishment the same overtime pre­ ance of their training, be assigned from ment of a different wage to employees miums when they work such excess time to time to various types of work who work only a few hours a day than hours, in order to comply with the equal in the establishment. At such times, the to employees of the opposite sex who pay provisions of the Fair Labor Stand­ employee in training status may be per­ work a full day will not necessarily in­ ards Act. This would be true even forming equal work with nontrainees of volve noncompliance with the equal pay though both the male and the female the opposite sex whose wages or wage provisions, even though both groups of employees performing equal work are rates may be unequal to those of the workers are performing equal work in otherwise qualified for exemption from trainee. Under these circumstances, the same establishment. No violation of the overtime pay requirements of sec­ provided the rate paid to the employee the equal pay standards would result if, tion 7 of the Fair Labor Standards Act. in training status is paid, regardless of for example, the difference in working It would not be true, however, unless the sex, under the training program, the time is the basis for the pay differen­ overtime requiring the premium pay is differential can be shown to be attribut­ tial, and the pay practice is applied uni­ actually being worked by the women. able to a factor other than sex and no formly to both men and women. How­ § 800.163 Other laws not applying violation of the equal pay standard will ever, if employees of one sex work 30 equally to employment of both sexes. result. Training programs which appear to 35 hours a week and employees of the to be available only to employees of one other sex work 40 to 45 hours, a question In making a determination as to the sex will, however, be carefully examined would be raised as to whether the differ­ application of the equal pay provisions to determine whether such programs are, ential is not in fact based on sex since of the Fair Labor Standards Act, legal in fact, bona fide. In an establishment different rates for part-time work are restrictions in State or other laws upon where a differential is paid to employees usually for workweeks of 20 hours or less. the employment of individuals of a speci­ fied sex, with respect to such matters as of one sex because, traditionally, only §§ 800.151— 800.159 [Reserved] they have been considered eligible for horns of work, weight-lifting, rest peri­ promotion to executive positions, such R e l a t io n to O th er L a w s ods, or other conditions of such employ­ a practice, in the absence of a bona fide § 800.160 Relation to other pay laws. ment, will not be deemed to make other­ training program, would be a discrimina­ wise equal work unequal or be considered tion based on sex and result in a viola­ The provisions of various State or per se as justification for an otherwise tion of the equal pay provisions, if the other equal pay laws may differ from prohibited differential in wage rates. For equal pay standard otherwise applies. the equal pay provisions set forth in the example, under the Act, the fact that a Fair Labor Standards Act. There is also State law limits the weights which § 800.149 Examples— “head of house­ other Federal legislation which deals hold”. r % women are permitted to lift would not broadly with discrimination by em­ justify a wage differential in favor of all Sometimes differentials in pay to em­ ployers against individuals because of men regardless of job content. The Act ployees performing equal work are said sex, including discrimination on such would not prohibit a wage differential to be based on the fact that one employee grounds with respect to compensation for paid to male employees whose weight­ is head of a household and the other, employment (see Civil Rights Act of lifting activities required by the job in­ of the opposite sex, is not. In general, 1964, 78 Stat. 241, Title V II). Where volve so significant a degree of extra such allegations have not been substan­ any such legislation and the equal pay effort as to warrant a finding that their tiated. Experience indicates that .where provisions of the Fair Labor Standards jobs and those of female employees doing such factor is claimed the wage differen­ Act both apply, the principle established similar work do not involve equal work tials tend to be paid to employees of one in section 18 of the latter Act will be con­ within the meaning of the Act. How­ sex only, regardless of the fact that em­ trolling. No provisions of the Fair La­ ever, the fact that there is an upper limit ployees of the opposite sex may bear bor Standards Act will excuse noncom­ set by State law on the weights that may equal or greater financial responsibility pliance with any State or other law es­ be lifted by women would not justify a as head of a household or for the sup­ tablishing equal pay standards higher wage differential to male employees who port of parents or other family depend­ than the equal pay standards provided by are not regularly required to lift sub­ ents. Accordingly, since the normal pay section 6 (d) of the Fair Labor Standards stantially greater weights or expend the practice in the'United States is to set a Act. On the other hand, compliance extra effort necessary to make the jobs wage rate in accordance with the re­ with other applicable legislation will not unequal. The requirement of equal pay quirements of the job itself and since a excuse noncompliance with the equal pay in such situations depends on whether nead of household” or “head of family” provisions of the Fair Labor Standards the employees involved are actually per­ status bears no relationship to the re­ Act. quirements of the job or to the indi­ forming “equal work” as defined in the § 800.161 Higher State minimum wage. vidual’s performance on the job, the Act, rather than on legal restrictions general position of the Secretary of State laws providing minimum wage which may vary from State to State. ^abor and the Administrator is that they requirements may affect the application E n f o r c e m e n t are not prepared to conclude that any of the equal pay provisions of the Fair nerential allegedly based on such Labor Standards Act. If a higher mini­ § 800.164 Investigations and compliance a„ s ,ls based on a “factor other than mum wage than that required under the assistance. sex within the intent of the statute. Act is applicable to a particular sex pur­ The Wage and Hour and Public Con­ § 800.150 » Examples— te m p o ra ry and suant to State law, and the employer pays tracts Divisions are charged with the part-time employees. the higher State minimum wage to male administration of the Fair Labor Stand­ no,J}e payment of different wage rates tc or female employees, he must also pay ards Act, including the equals pay pro­ peraianent employees than to tempo- the higher rate to employees of the op­ visions. Investigations under the Act rinvLeni]-loyees SPch as may be hirec posite sex for equal work in order to com­ will therefore include such inquiry as t“ e Christmas season would nol ply with the equal pay provisions of the may be necessary to obtain compliance necessarily be a violation of the equa Act. with the equal pay provisions in cases 11516 RULES AND REGULATIONS where they are applicable. As provided violation of any provision of which by security through the development of de- in section 11(a) of the Act, authorized any person, including any labor organi­ fense related skills. representatives of the Divisions may in­ zation or agent thereof, is unlawful, as b. Stimulate individuals with scien­ vestigate and gather data regarding the provided in section 15(a) of the Act. Ac­ tific and technical aptitudes to attain the wages, hours and other conditions and cordingly, any labor organization, or highest level of formal education in sci­ practices of employment. They may agent thereof, who violates any provision ence and technology for which they are enter establishments and inspect the of section 6 (d) of the Act is subject to capable. premises and records, transcribe records, injunction proceedings in accordance c. Stress basic principles and funda­ and interview employees. They may in­ with the applicable provisions of section mentals of science and technology in vestigate whatever facts, conditions, 17 of the Act. Any such labor organiza­ educational curricula. practices, or matters are considered nec­ tion, or agent thereof, who willfully vio­ d. Offer significant on-the-job train­ essary to find out whether any person lates the provisions of section 15 is also ing which will broaden the experi­ has violated any provisions of the Act liable to the penalties set forth in section ence and capabilities of individual or which may aid in enforcement of the 16(a) of the Act. scientists and engineers. Act. Wage-Hour investigators will ad­ e. Provide realistic retraining oppor­ vise employers regarding any changes Signed at Washington, D.C., this 3d day of September 1965. tunities which will assist in updating necessary or desirable regarding payroll, the knowledge and skills of scientists recordkeeping and other personnel prac­ C lar en c e T. L tjndquist, and engineers. tices which will aid in achieving and Administrator. f. Broaden the selection base in order maintaining compliance with the law. [F.R. Doc. 65-9548; Filed, Sept. 8, 1965; to assure entry of all qualified individ­ Complaints, records, and other informa­ 8:57 a.m.] uals, including women and members of tion obtained from employers and em­ minority groups, into scientific and ployees are treated confidentially. technical positions. § 800.165 Recordkeeping requirements. g. Encourage continued employment Title 32A— NATIONAL DEFENSE, of senior scientists and engineers who Records required to be kept by em­ are yet capable of efficient performance, ployers having employees subject to the APPENDIX even though the retention of such per­ equal pay provisions under section 6 (d) Chapter 1——Office of Emergency sonnel may be only on a part-time basis. of the Act are set forth in §§ 516.2, 516.6, h. For maximum security explore and, and 516.29 of this chapter. Planning where appropriate, adopt the principle of § 800.166 Recovery of wages due; in­ [Defense Mobilization Order 8505.1] decentralized scientific and technical junctions; penalties for willful viola­ operations. tions. DMO 8505.1— NATIONAL SECURITY 5. Action. Consistent with the poli­ POLICY GOVERNING SCIENTIFIC cies contained herein, each department (a) Pursuant to section 6(d) (3) of the Act, wages withheld in violation of the AND ENGINEERING MANPOWER and agency of the Federal Government should (a) review its current manpower equal pay provisions have the status of 1. Purpose. This Order provides cur­ policies and update its policies and pro­ unpaid minimum wages or unpaid over­ rent policy on the training and utiliza­ grams for scientific and engineering time compensation under the Pair Labor tion of scientific and engineering man­ manpower to assure their maximum con­ Standards Act. This is true both of the power as it affects the national security. additional wages required by the Act to tribution to national security and emer­ 2. Cancellation. This Order super­ gency preparedness, (b) base its policies be paid to an employee to meet the equal sedes Defense Manpower Policy 8 issued pay standard, and of any wages that the and actions on projected peacetime and on September 8, 1952 (17 F.R. 8070), by emergency requirements, and (c) en­ employer should have paid an employee the Office of Defense Mobilization. courage and support private sector ef­ whose wages he reduced in violation of 3. Background. The essential role of forts to assure the fulfillment of future the Act in an attempt to equalize his pay scientific and engineering manpower in requirements for this critical manpower with that of an employee of the opposite any period of national emergency is well resource. sex performing equal work, on jobs sub­ recognized. While the quantity and ject to the equal pay standards. quality of scientific and engineering Dated: August 31, 1965. - (b) The following methods are pro­ manpower are materially influenced by B ufo rd E l lin g t o n , vided under sections 16 and 17 of the Government action, the development Director, Act for recovery of unpaid wages: The and use of such manpower are greatly Office of Emergency Planning. Administrator of the Wage and Hour dependent upon policies and actions of and Public Contracts Divisions may su­ the private sector. [F.R. Doc. 65-9500; Filed, Sept. 8, 1965; 8:46 a.m.] pervise payment of back wages and, in Since the issuance of Defense Man­ certain circumstances, the Secretary of power Policy 8, many steps have been Labor may bring suit for back pay upon taken by the Government and the pri­ the written request of the employee. vate sector to assure the adequacy of The employee may sue for back pay and scientific and engineering manpower for Title 43— PUBLIC LANDS: an additional sum, up to the amount of total national security. This statement back pay, as liquidated damages, plus of current Government policy is intend­ INTERIOR attorney’s fees and court costs. The em­ ed to continue the constructive policies Chapter II— Bureau of Land M an ag e­ ployee may not bring suit if he has been and actions already in being and to as­ ment, Department of the Interior paid back wages under supervision of sure the adequacy of this important na­ the Administrator, or if the Secretary tional resource during a major emer­ APPENDIX-PUBLIC LAND ORDERS has filed suit to collect the wages. The gency. [Public Land Order 3811] Secretary may also obtain a court in­ 4. Policy. It is the policy of the Fed­ [Utah 0133608] junction to restrain any person from eral Government to project the Nation’s violating the law, including the unlawful scientific and engineering manpower re­ UTAH withholding by an employer of proper quirements sufficiently into the future to compensation. A two-year statute of permit long-range planning; to relate Addition of Land to Dixie N ational limitations applies to the recovery of those requirements to other resource re­ Forest unpaid wages. quirements, including requirements for By virtue of the authority vested in the (c) Willful violations of the Act may other manpower skills; to relate peace­ President by section 24 of the Act ox be prosecuted criminally and therviolator time and emergency requirements; and March 3, 1891 (26 Stat. 1103; 16 U.S-U fined up to $10,000. A second conviction to cooperate with educators, industry, 471), and the Act of June 4, 1897 W for such a violation may result in im­ professional societies, and employee Stat. 34,36; 16 U.S.C. 473), and pursuant prisonment. associations to : to Executive Order No. 10355 of May * > (d) The equal pay provisions are an a. Support training and education1952 (17 F.R. 4831), it is ordered as integral part of section 6 of the Act, programs which enhance our national follows: 11517 Thursday, September 9, 1965 FEDERAL REGISTER

1. The following described public value of the land described above, with­ lands are hereby added to and made a drawn pursuant to the filing of an appli­ Title 42— PUBLIC HEALTH part of the Dixie National Forest, and cation for preliminary permit for Project Chapter IV— Freedmen’s Hospital, hereafter shall be subject to all laws and No. 2058, will not be injured or destroyed Department of Health, Education, regulations applicable to said national for purposes of power development by and Welfare forest, subject to valid existing rights, location, entry or selection under the and the boundaries of the said forest are public land laws, subject to the provi­ PART 401— ADMISSION AND OUT­ adjusted accordingly: sions of section 24 of the Federal Power PATIENT TREATMENT Act and to the prior right of the licensee Public Lands for Project No. 2058 and its successors Miscellaneous Amendments SALT LAKE MERIDIAN, UTAH or assigns to use for project purposes Notice of proposed rule making haying as contemplated in the license that por­ T. 38 S., R. 8 W., been published and no public suggestions tion of lot 9 within the project boundary Sec, 29, SE14SE14; or comments having been received, the as shown on the map designated Revised Sec.34,sy2SWiA. ; proposed amendments to the regulations T.38S., R.9 W„ Exhibit K (FPC No. 2058-34) on file with concerning admission and out-patient Sec. 3, lots 1 and 2, and SE^N EV i; the Commission. Sec. 11, Ny2NW%, SE%NWi4, and treatment at Freedmen’s Hospital as set 2. Until 10 a.m. on March 4, 1966, the forth in and published with said notice E»/2SW%. £ ' . State of Montana shall have the pre­ T. 39 S., R. 8 W., of proposed rule making on July 13,1965, Sec. 3, lot 3, and N E ^ S E ^ * ferred right of application to select the in 30 F.R. 8797, are hereby adopted and land described in paragraph 1, above, as issued. The areas described aggregate 516.18 provided by R.S. 2276, as amended (43 acres. Such amendments shall become effec­ U.S.C. 852). tive immediately upon the date of re­ 2. The boundaries of the Dixie Na­ 3. At 10 a.m. on March 4,1966, the land tional Forest are hereby extended to publication hereof, it having been deter­ shall be open to the operation of the pub­ mined that an early effective date would include the following described nonpub­ lic land laws generally, subject to valid lic lands, which shall become a part of increase the revenue available to the hos­ existing rights, the provisions of existing pital, bring the rates charged by the hos­ said national forest and subject to all withdrawals, and the requirements of laws and regulatoins applicable thereto, pital more closely in line with those applicable law. All valid applications upon acquisition of title by the United charged by other area hospitals and received at or prior to 10 a.m. on March 4, States under applicable law to said tend to correct the variance between the lands: 1966, shall be considered as simultane­ rates established by the Bureau of the Private Lands ously filed at that time. Those filed Budget for District of Columbia referral thereafter shall be considered in the or­ patients and the rates charged private SALT LAKE MERIDIAN, UTAH der of filing. pay patients by the hospital. These T. 38 S., R. 8 W., r 4. Any disposals of the land described amendments shall not affect the rates charged for out-patient service furnished Sec. 34, Ni/2SW!4. in paragraph 1 , above, shall be subject prior to such effective date nor require The area described contains 80 acres. to the provisions of section 24 of the the redetermination of the rate estab­ Federal Power Act, supra, and to the lished for any in-patient admitted prior H a r r y R . A n d e r s o n , prior rights of the licensee for Project to such effective date. Assistant Secretary of the Interior. No. 2058, as specified by the Federal Dated: August 17, 1965. S eptem ber 2, 1965. Power Commission in its determination, DA-183-Montana. [ s e a l ] L u t h e r L . T e r r y , [P.R. Doc. 65-9501; Piled, Sept. 8, 1965; Surgeon General. 8:46 a.m.] Inquiries concerning the land should be addressed to the Manager, Land Office, Approved: September 3,1965.

Bureau of Land Management, Billings, J o h n W . G a r d n e r , [Public Land. Order 3812] Mont. Secretary. ( H arry R. A n d e r s o n , [Montana 063737] § 401.6 [Amended] Assistant Secretary of the Interior. MONTANA 1. In § 401.6, the income schedules for S e p t e m b e r 2,1965. determination of a patient’s ability to Powersite Restoration No. 634; Partial [P.R. Doc. 65-9502; Filed, Sept. 8, 1965; pay for his hospitalization and other Revocation of Powersite Reserve 8:46 a.m.] services are revised to read as follows: No. 48; Opening of Land Subject to Section 24 of the Federal Power Act General M edical and Surgical P atients

By virtue of the authority vested in Minimum Monthly family income part-pay M axim um the President by section 1 of the Act of No. in free full-pay June 25, 1910 (36 Stat. 847; 43 U.S.C. family 141), and pursuant to Executive Order (A) (B) (C) (D) (E) (E) (O) (H) (D No. 10355 of May 26, 1952 (17 F.R. 4831), and by virtue of the authority contained Or less Or more $191-$210 $ $221 “ section 24 of the Act of June 10, 1920 1 ...... $110 $111-$125 $126-$145 $146-$160 $161-$175 $176-$190 211-$220 2...... 140 141- 155 156- 170 171-' 190 191- 205 206- 220 221- 240 241- 265 266 (41 Stat. 1075; 16 U.S.C. 818), as amend- 3...... 175 176- 200 201- 220 221- 240 241- 265 266- 285 286- 315 316- 340 341 ed, and pursuant to the determination 4...... 210 211- 235 236- 265 266- 290 291- 320 321- 345 346- 375 376- 405 406 5...... 240 241- 275 276- 305 306- 340 341- 375 376- 405 406- 440 441- 465 466 of the Federal Power Commission in D A - 6...... 276 276- 310 311- 350 351- 390 391- 425 426- 460 461- 500 501- 525 526 183-Montana, it is ordered as follows: 7______300 301- 340 341- 380 381- 415 416- 455 456- 495 496- 530 531- 570 571 8...... 335 336- 375 376- 415 416- 460 461- 550 501- 540 541- 685 586- 625 626 1. The Executive Order of July 2, 1910, 9...... 375, 376- 415 416- 460 461- 505 506- 550 551- 584 585- 640 641- 670 671 656- 685 686 creating Powersite Reserve No. 48, is 10____ 400 401- 440 441- 485 486- 525 526- 565 566- 610 611- 655 hereby revoked so far as it affects the following described land: T uberculosis H ospital

Principal Meridian 1______$210 $211-$235 $236-$265 $266-$290 $291-$320 $321-$345 $346-$375 $376-$405 $406 241- 275 276- 305 306- 340 341- 375 376- 405 406- 440 441- 465 466 T- 27 N„ R. t 2___ 240 34 3___ 275 276- 310 311- 350 351- 390 391- 425 426- 460 461- 500 501- 525 526 Sec. 28, lot 9. 4______300 301- 340 341- 380 381- 415 416- 455 456- 495 496- 530 531- 570 571 5___ 335 336- 375 376- 415 416- 460 461- 500 501- 540 541- 590 591- 625 626 6___ 375 376- 415 416- 460 461- 505 506- 550 551- 595 596- 640 641- 670 671 Containing approximately 18 acres, in 7___ 400 401- 440 441- 480 481- 525 526- 565 566- 610 611- 655 656- 685 686 Sanders County. 8 . 425 426- 465 466- 505 506- 545 546- 590 591- 630 631- 670 671- 715 716 Q 440 441- 485 486- 525 526- 570 571- 615 616- 660 661- 715 716- 740 741 In DA-183-Montanan, the Federal 10...... 465 466- 510 511- 555 556- 600 601- 645 646- 685 686- 730 731- 770 771 ower Commission determined that the 11518 RULES AND REGULATIONS

2. In § 401.6(a), subparagraph (2) Is 5. In § 401.7(b), the schedule of wardagencies pursuant to Title V of the Ele­ amended by changing “§ 401.7” to read rates for part-pay patients is revised to mentary and Secondary Education Act of “§401,7(b)”. read as follows: 1965 (P.L. 89-10). Subpart B of this 3. In § 401.6(a), subparagraph (3) Is part is applicable to grants from appor­ ¿mended by changing “§ 401.7” to read Schedule of W ard R ates foe P abt-P a y tioned funds pursuant to section 503(a) “§ 401.7(a)”. P atients of the Act, Subpart C is applicable to § 401.7 [Amended] grants for experimental projects pursu­ ant to section 505, and Subparts A and 4. In § 401.7(a), the schedule of room General hospital Hospital annex D are applicable to both types of grants. and ward rates for full-pay inpatients All such grants are subject to the regula­ is revised to read as follows: tions in 45 CFR Part 80, issued by the Age group Age group Age group Schedule or B oom and Ward R ates fob Secretary of Health, Education, and Wel­ F ull-Pa y I n-Patients Legend 8 years 0-7 years, 0-7 years, and over inclusive inclusive fare, and approved by the President, to effectuate the provisions of section 601 Hospital annex Description of General A ______$0 $0 $0 of the Civil Rights Act of 1964 (P.L. 88- accommodations hospital B ...... 2.00 0 2.00 C___...... 352). Pavilion Chronic 4.00 2.00 4.00 D ...... Subpart — Definitions chest . 6.00 3.00 6.00 E ...... 8.0Q 4.00 8.00 Sec. F ______10.00 6.00 10.00 119.1 Definitions. Private room G ...... 12.00 8.00 12.00 H ...... with bath______$26.00 $21.00 14.00 10.00 14.00 Private room Subpart B— Basic Grants (Grants From without bath__ $19.00 24.00 19.00 Apportioned Funds) Semiprivate room, 4 hed... 21.00 16.00 6. Section 401.7(c)is revised to read 119¿2 State applications. Semiprivate as follows: 119.3 Procedures for application review and room, 2 bed 23.00 17.00 disposition. Ward, multibed.. 16.00 Pediatrics: (c) Other hospitaller vices. Pull-pay 119.4 State educational agency. 8 years and 119.5 Custody of funds. over______16.00 As above A s above patients shall pay, in addition to the 119.6 Maintenance or increase of State 0 to 8 years____ 16.00 Nursery (new­ room and board charges shown in para­ effort. born in hospi­ graph (a) of this section, other hospital 119.7 State fiscal management. tal)...... 6.09 119.8 Reports. services at rates listed below: 119.9 Effective date of application. 119.10 Period during which Federal funds (1) Operating room------$25.00 for the first half hour or fraction thereof, and are available. $10.00 for each additional half hour or fraction 119.11 Proration of costs. thereof. 119.12 Expenditures by States. (2) Recovery room------$5.00 for the first hour or fraction thereof, and $1.00 119.13 Federal payments. per hour for each additional horn: or fraction thereof, 119.14 Effect of payments and settlement of accounts. plus the applicable room rate. Maximum for each 119.15 Reapportionment. 24 continuous hour day, $15.00. 119.16 Transfers of apportioned funds. (3) Labor and delivery room______$30.00. (4) Cysto room______$10.00. v ; Subpart C— Special Project Grants (5) Blood administration______$10.00 per pint. (6) Intravenous solutions(IVS) _____$5.00 per bottle. 119.20 Purpose. (7) The following “Other Hospital Service” shall be charged for at rates determined by the 11921 Submission of applications. Superintendent to be fair and reasonable, but not less than cost to the hospital: 119.22 Review of applications. 119.23 Disposition of applications. Drugs, medicines, blood and blood derivatives, radiological services, clinical laboratory 119.24 Duration of the project. services, special services, anesthesia materials, medical and surgical supplies, sterile 119.25 Payment procedures. trays, inhalation therapy, physical therapy, anesthesiology, plaster casts) and similar 119.26 Revisions. supplies and services. 119.27 Reports. 119.28 Publications. 7. Section 401.9 is revised to read as other special services necessary. The 119.29 Termination of grant. follows: charge for routinely prescribed drugs Subpart D-—General Provisions § 401.9 Outpatient rates; emergency and medications shall be cost plus $0.50 patients. for each prescription filled. The Super­ 119.40 Arrangements with individuals or intendent or his designee may waive pay­ other organizations. The basic charge for treatment of an ment of any of the charges prescribed in 119.41 Fiscal audits and program reviews. emergency patient in the outpatient this section if he determines that the 119.42 Records management. clinic shall be $5.00 plus the applicable 119.43 Grantee accountability. patient is financially unable to pay such 119.44 Allowable expenditures. charges for all special services rendered charges. in connection with the care of the * * 4c * * Au tho rity: The provisions of this Part 119 patient, such as suturing, X-ray, labora­ issued under Title V of P.L. 89-10, 79 Stas. tory, and other special services in accord­ 9. Section 401.10(b) is amended by47.20 UJ3.C. 861-870. Interpret or apply secs- ance with the schedule set forth in changing the word “fee” to read 501-506, 508-510, 601 of P.L. 89-10; 79 Stat. § 401.7(c). The charge for routinely “charge”. 21, 28, and 29; 20 U.S.C. 861- 866, 868-87«. prescribed drugs and medications shall (R.S. 2038, as amended, 37 Stat. 172, as 881. be $0.50 plus cost for each prescription amended, 59 Stat. 366, as amended; 32 D.C. Subpart A— Definitions Code 317,318, 318a) filled. The Superintendent or his des­ § 119.1 Definitions. ignee may waive payment of any of the [F.R. Doc. 65-9505; Filed, Sept. 8, 1965; charges prescribed by this section if he 8:47 a.m.] As used in this part: . (a) "Act” means the Elementary ana determines that the patient is financially Secondary Education Act of 1965 (Pb. unable to pay such charges. 89-10). tc 8. Section 401.10(a) is revised to read Title 45— PUBLIC WELFARE (b) “Basic Grants” means grants as follows: Chapter I— Office of Education, De­ made by the Commissioner from fun““ apportioned under section 502(a)(1) o § 401.10 Outpatient rates; clinic pa­ partment of Health, Education, and the Act. Tq tients. Welfare (c) “Commissioner” means the (a) The charge for care or treatmentPART 119— GRANTS TO STRENGTHEN Commissioner of Education. _ of clinic patients whose “monthly family (d) “Department” means the W- • STATE DEPARTMENTS OF EDUCA­ Department of Health, Education, a income” is between the appropriate TION minimum and maximum shall be $2.00 Welfare. . for each visit to the clinic. This charge The regulations set forth below are ap­ (e) “Elementary school” means a nay will include all X-ray, laboratory, and plicable to grants to State educational ai» vaoi /T on Hoi cnVwVll which OfOVlÛ y

Thursday, September 9, 2965 FEDERAL REGISTER 11519 elementary education, as determined designated by the Governor or by State adopted by the State agency and that under State law. law. the application, as amended, will con­ stitute the basis for operation and ad­ (f) “Equipment” includes machinery, Subpart B— Basic Grants (Grants utilities, built-in equipment, and all ministration of the programs in which other items necessary for the function­ from Apportioned Funds) Federal participation under basic grants ing of a particular facility as a facility § 119.2 State applications. will be requested. for the provision of educational services, (e) Certificate of the State attorney (a) Purpose and content. The prin­ including items such as instructional general. Each application or amend­ cipal condition for basic grants of Fed­ equipment and necessary furniture; ment thereto shall include as an attach­ eral funds apportioned to a State under printed, published, and audiovisual in­ ment a certificate by the State’s attorney Title V of the Act is the submission by structional materials ; and books, periodi­ general, or other official designated in the State through the State educational cals, documents, and other related ma­ accordance with State law to advise the agency of an application or applications terials. Equipment does not include the State educational agency on legal mat­ to the Commissioner. Any State desir­ erection of new enclosures or structures, ters, to the effect that the State educa­ ing to receive basic grants shall submit or the expansion, remodeling, alteration, tional agency named in the plan has an application or applications annually or aquisition of existing enclosures or authority under State law to submit the for each fiscal year on such date or dates application and administer the programs structures, except to the extent required as the Commissioner may fix, and in ac­ to house such machinery, utilities, or covered by such application, and that cordance with such procedures as he built-in equipment. Equipment does not all application provisions are consistent may prescribe. include supplies which are consumed in with State law. (b) Submission and approval. Each use, or which may not reasonably be ex­ application and all amendments thereto § 119.3 Procedures for application re­ pected to last longer than 1 year. shall be submitted to the Commissioner view and disposition. (g) “Federal share” means that per­ for his approval by a duly authorized (a) The Commissioner will approve an centage of expenditures incurred by the officer of the State educational agency. application only upon his determination State educational agency which is sub­ Each application shall indicate the offi­ that such an application meets the re­ ject to reimbursement out of grants pur­ cial or officials authorized to submit ap­ quirements of the Act and the regulations suant to section 503 of the Act. For fis­ plication material. If found by the Com­ cal years 1966 and 1967, the Federal in this part. This means that: missioner to be in conformity with the (1) Each program and part thereof share is 100 percent. For fiscal years provisions and purposes of the Act and proposed in an application or an amend­ 1968, 1969, and 1970, the Federal share the regulations in this part, the applica­ is the percentage computed by the Com­ ment thereto provides for the develop­ tion will be approved subject to the limits missioner for each State, respectively, ment, improvement, or expansion of of available appropriations. The Com­ pursuant to section 503(b) (2) of the Act. activities which make a significant con­ missioner will not finally disapprove an (h) “Fiscal year,” as used with respect tribution to strengthening the leadership application except after reasonable no­ to reporting and accounting, means the resources of the State educational tice and opportunity for a hearing has period beginning on the first day of July agency, or which make a significant and ending on the following June 30. (A been afforded to the State educational contribution to strengthening its ability fiscal year is designated in accordance agency. When approved by the Com­ to participate effectively in identifying with the calendar year in which the end­ missioner, an application oecomes the and meeting the needs of elementary and ing date of the fiscal year occurs.) basis for making payments of the Fed­ secondary education in the State; (i) “Local educational agency,” or eral share'of the sums expended under (2) Each application and amendment “local agency” means a public board of the application, except that minor devi­ thereto and each program and part education or other public authority le­ ations of specific amounts of expendi­ thereof proposed therein otherwise com­ gally constituted within a State for tures among program functions and plies with and conforms to other appli­ either administrative control or direction objects from those estimated in the cable provisions of the Act as indicated of, or to perform a service function for, application will not be precluded from in this subpart and subpart D. Federal financial participation if other­ public elementary or secondary schools (b) In making his determination pur­ in a city, county, township, school dis­ wise made in accordance with the suant to paragraph (a) of this section, trict, or other political subdivision of a approved application, the Act, and the the Commissioner will take into consid­ State, or such combination of school dis­ regulations in this part. eration appropriate and relevant factors tricts or counties as is recognized in a (c) Amendments. Each application such as the following: State as an administrative agency for its must be appropriately amended when­ (1) The extent to which each program public elementary or secondary schools. ever ( 1 ) there is a material change in a and part thereof proposed in an applica­ The term also includes any other public pertinent State law or in the organiza­ tion or amendment thereto is directed institution or agency having administra­ tion, policies, or operations of the State toward meeting effectively educational tive control and direction of a public ele­ educational agency affecting the appli­ needs that have a high priority under mentary or secondary school. cation or any programs described there­ carefully developed current and long- (j) “Secondary school” means a day in, ( 2) there is a material change in the range plans of the State educational or residential school which provides sec­ content or administration of any such agency; ondary education, as determined under program, or (3) any program is added or . (2) The extent to which an adequate state law, except that it does not include deleted. (Minor deviations referred to effort has been made to use, for each ^education provided beyond grade 12. in the last sentence of paragraph (b) of program and part thereof proposed in an (k) “Special project grants” means this section are not deemed to be “ma­ application or an amendment thereto, grants made to State educational agen­ terial changes” for the purposes of this other resources available to the State cies from funds reserved by the Commis­ paragraph.) The submission and ap­ educational agency, such as funds pro­ sioner pursuant to section 505 of the proval of amendments shall follow the vided under other Federal grant-in-aid Act. same procedures and have the same programs; effect specified for applications in para­ (3) The extent to which each program (l) “State” means, in addition to the graph (b) of this section. All applica­ and part thereof proposed in an applica­ several States of the Union, the Com­ tions submitted after the initial appli­ tion or amendment thereto will be con­ monwealth of Puerto Rico, the District cation within the same fiscal year shall ducted in effective coordination and o Columbia, Guam, American. Samoa, have the effect of an amendment to the cooperation with other federally assisted and the Virgin Islands. initial application. programs, conducted by other agencies, “State educational agency,” or (d) Certificate of the State educa­ institutions, and organizations within the state agency” means the State board tional agency. Each application and all State, such as local educational agencies, nT.®"uoati°n or other agency or officer amendments thereto must include as an State and local health and welfare agen­ Í S aFÜy resP<>nsible for the State su- attachment a certificate of the officer cies, and community action groups; ftnrf'oSl0n of put)lic elementary and sec- of the State educational agency au­ (4) The extent to which each program off. ^ schools, or, if there is no such thorized to submit the application to the and part thereof proposed in an applica­ r or agency, an officer or agency effect that the application has been tion or amendment thereto will promote 11520 RULES AND REGULATIONS or contribute to establishing appropriate § 119.6 Maintenance or increase of state State’s participation in Title V of the balance with respect to both quality and effort. Act which provides information on all quantity among the several programs (a) Each application of a State shall programs of the State educational and services of the State educational contain or be accompanied by an assur­ agency for such fiscal year; and agency; that is, the extent to which the ance that Federal funds made available (b ) A report from each State for each proposal win lead to an adequate level under that application will supplement fiscal year beginning with the first fiscal of development in all essential State ed­ and, to the extent practical, increase the year of such State’s participation in Title ucational agency programs so that one amounts of State funds that would in V of the Act which provides information program will not be strengthened at the on all programs (including but not lim­ expense of another; and the absence of such Federal funds be made available for programs (including ited to Title V programs) conducted by (5) The extent to which each program specific projects, activities, and services the State educational agency during that and part thereof proposed in an applica­ pertaining thereto) which meet the fiscal year. tion or amendment thereto takes into conditions of section 503(a) of the Act account the current level of development § 119.9 Effective date o f application. and §§119.2 and 119.3. and will contribute effectively to the im­ (b ) In determining whether the as­ Since the Federal Government partici­ provement of such essential programs as : surance referred to in paragraph (a) of pates only in amounts expended under Long-term planning, aid to local educa­ this section is adequate, the Commis­ an approved application, there can be tional agencies in improvement of cur­ sioner will take into consideration, among no Federal participation in a n y expendi­ ricula, quality of teaching and compe­ other relevant factors, the following: (I) tures made unless such expenditures are tence of teachers, particularly in basic The amount of State funds (including in made after the effective date of such schools subjects, data processing, public the case of programs supported by Fed­ an approved application. For the pur­ information, technical and consultative eral funds, the State share of all expendi­ poses of this section, the earliest date services to local educational agencies, re­ on which an application may be consid­ search, and staff development. tures pursuant to such programs) to be expended by the State educational ered to be in effect is the date on which §119.4 State educational agency. agency for programs (including specific it is received in substantially approvable form by the Commissioner. (a) Designation. Each application projects, activities, and services pertain­ shall give the official name of the State ing thereto) which meet the conditions § 119.10 Period during which Federal educational agency which will be the of section 503(a) of the Act and §§ 119.2 funds are available. and 119.3 as compared with (2) the agency responsible for administering the Since each application subm itted dur­ amount of State funds expended by the programs set forth in the application. ing a fiscal year is approved only for a State educational agency in the preced­ (b) Organization. Each application period covering such fiscal year fo r which ing fiscal year or years for such pro­ shall describe by chart or otherwise the Federal funds are apportioned to the grams, with allowances for unusual organizational structure of the State ed­ State, funds so apportioned, or reappor­ capital expenditures such as the acquisi­ ucational agency responsible for admin­ tioned or transferred, to the State pur­ tion of data processing or other major istering the programs described therein, suant to section 502(b) of the Act and items of equipment and adjustments to including a description of the unit or §§ 119.15 and 119.16, shall be available reflect changes in the scope of the re­ units responsible for such administra­ only for expenditures for which an appli­ sponsibilities of the State educational tion,. the principal functions assigned to cation was approved and during the fiscal agency. each, the lines of authority within such year in which such apportionments, re­ a unit or units and the administrative §119.7 State fiscal management. apportionments, and transfers are made. relationships of such a unit or units to Each application shall set forth such §119.11 Proration of costs. the rest of the State educational agency. fiscal control and fund accounting pro­ The position titles of all professional per­ Federal financial participation is avail­ cedures as may be necessary to assure sonnel in the State educational agency able only with respect to that portion proper disbursement of and accounting who will be engaged in the conduct of of any expenditure which is attributable for Federal funds paid to the State pur­ the programs described in each applica­ to a program under an approved appli­ suant to the application, including any tion shall be given in the application, and cation. Each application shall specify such funds paid by the State to agencies, their major duties and qualifications a justifiable basis for identifying ex­ institutions, and organizations for the briefly described. If a program in an penditures and the method to be used purpose of carrying out programs under application will expand or alter the or­ in prorating expenditures among eligible Title V of the Act. Such fiscal manage­ ganizational structure of the State edu­ and noneligible purposes or am ong eli­ ment shall be in accordance with appli­ cational agency, the application shall gible purposes covered by different pro­ cable State laws, policies, and procedures indicate in its description of the organi­ grams. Each application shall provide which shall be identified in the applica­ zational . structure that part of such that the State educational agency win tion or set forth in an appendix thereto. structure to be affected. maintain records to substantiate the pro­ Accounts and supporting documents re­ (c) Authority. Each application shall ration of expenditures for applicable lating to any program involving Federal set forth the authority of the State edu­ items such as salaries, travel, rent, sup­ financial participation shall be adequate cational agency under State law to sub­ plies, and equipment. to permit an accurate and expeditious mit the application and to administer the audit of the program. §119.12 Expenditures by Stales. programs set forth therein. Citations to, or copies of, all directly pertinent § 119.fi Reports. (a) Expenditures made by a State statutes and interpretations of them by pursuant to each application shall be Each application shall provide that made in conformity with State laws, reg­ the appropriate State officials, whether the State educational agency will peri­ by regulations, policy statements, opin­ ulations, procedures, and standards gov­ odically consult with the Commissioner, erning the use of State funds. ions of the attorney general or court déci­ make such reports to the Commissioner sions, shall be furnished as part of the (b ) If State accounts are kept on an at such time, in such form, and contain­ accrual or obligation basis, expenditures application. All copies must be certi­ ing such information as he may consider will be considered to be the total charge fied as correct by an appropriate official. reasonably necessary to perform his incurred, including encumbrances ana duties under the Act, and comply with § 119.5 Custody of funds. obligations which the State educational such provisions as the Commissioner agency is required under S tate ¿ fw . Each application shall designate the may find necessary to assure the correct­ pay out of its own funds available io officer who will receive and provide for ness and verification of such reports. the same period in which such encum­ the custody of funds to be expended un­ Such reports shall include, but not be brances and obligations were incurre • der applicable State laws and regulations limited to, the following: If State accounts are kept on a ca on requisition or order of the State (a) A report from each State for the basis, expenditures will be considerea agency. fiscal year immediately preceding such be actual disbursements. Thursday, Septem ber 9, 1965 FEDERAL REGISTER 11521

§ 119.13 Federal payments. ing the anticipated need during the cur­ State educational agencies of all or sev­ rent fiscal year for the amount previ­ eral States. Subject to the authority of the Com­ ously apportioned or any amount needed missioner to make reapportionments or § 119.21 Submission of applications. in addition thereto, and such other in­ to transfer apportionments pursuant to formation as the Commissioner may Applications for special project grants section 502(b) of the Act and §§ 119.15 request. may be made only by State educational and 119.16, and subject also to any with­ agencies. Applications shall be made in holding of payments by the Commis­ § 119.16 Transfers o f a p p o r tio n e d such form and detail as may be required sioner pursuant to section 508 of the Act funds. by the Commissioner. An application and § 119.14(a>, the Federal Govern­ (a) Upon the request of a State, any shall contain (a) a statement of the ment will pay from each State appor­ portion of the amount of Federal funds purpose of the project; (b) a description tionment the Federal share of the total apportioned to it for basic grants may, of the nature and scope of the activities sums expended by each such State edu­ pursuant to paragraph (b) of this sec­ to be undertaken and the methods and cational agency in accordance with Title tion, be added to or combined with the arrangements for working toward proj­ V of the Act, the regulations in this part, amount apportioned to another State ect objectives; (c) a proposed budget; and its approved application or applica­ for the purpose of carrying out one or (d) an agreement that the grantee will tions. Such payments will be made in more programs (including specific proj­ comply with the requirements of the advance installments on the basis of es­ ects, activities, and services pertaining Act and the regulations in this part, and timated expenditures, or reimbursement thereto) which would benefit each par­ with such other conditions and proce­ of actual costs incurred, with appropri­ ticipating State. In computing the dures as the Commissioner may prescribe ate adjustments for underpayments or Federal share of the total amount ex­ in awarding the grant; and (e) any overpayments for actual expenditures in pended for such programs, the percent­ other documents and information which any prior period. Such payments will be age of the Federal share applicable to the Commissioner may require. made available to the States after: the amount originally apportioned to § 119.22 Review o f applications. (a) The State has on file in the Office each participating State will continue to of Education an approved application be applicable to that portion of such (a) In reviewing each application covering the program or programs for total amount which is contributed by submitted for his approval, the Com­ which payment is to be made; each such State. missioner will assure himself that: (b) The pertinent estimates and re­ (b) Any State desiring that a portion (1) Each special project proposed in ports required by § 119.8 have been re­ of its apportionment of Federal funds an application includes experimental viewed; and for basic grants be added to or combined activities for development of State educa­ (c) The Commissioner is satisfied that with that of another State shall submit tional leadership or for establishment of the State needs the funds and will be to the Commissioner a request for such special services which hold promise of able to carry out the program or pro­ a transfer, either as a part of each ap­ making a substantial contribution to the grams contained in the application. plication covering a program or pro­ solution of: (i) Problems common to the § 119.14 Effect o f payments and settle­ grams affected by such a transfer or as State educational agencies of all of the ment of accounts. an amendment or amendments thereto. States; or (ii) problems common to the Such a request shall be submitted by a • State educational agencies of several of (a) No waiver. Neither the approval the States. of an application nor any payment to State either simultaneously with such an application or applications or at any (2) Each application otherwise com­ the State pursuant thereto shall be plies with and conforms to applicable deemed to waive the right or duty of the time subsequent to such an application or applications. Such a request shall provisions of the Act and regulations in Commissioner to withhold funds by this part, and such conditions and pro­ reason of the failure of the State to ob­ contain ( 1 ) a description of the pro­ grams to be carried out by the receiving cedures as the Commissioner may require serve any Federal. requirements before to carry out his functions under section or after such an administrative action. State with funds contributed to it by 505 of the Act. (b) Settlement of accounts. The final other participating States; (2) a state­ (b) In addition, the Commissioner in amount to which the State is entitled for ment of the total amount to be ex­ reviewing special project grant applica­ any period is determined on the basis of pended for such programs and the tions may take into consideration such expenditures under each application with sources and amounts of Federal and factors as the following: respect to which Federal financial par­ non-Federal funds contributed by each (1) The significance and the perva­ ticipation is authorized. participating State, including the re­ ceiving State; (3) information showing siveness among all or several of the States ® 119.15 Reapportionment. how such programs will assist all par­ of the problems toward which the ex­ Pursuant to section 502(b)(1) of the ticipating States in strengthening the perimental project proposed in the ap­ Act: leadership resources of their respective plication is directed. (a) The amount apportioned to any State educational agencies and in identi­ (2) The nature of the leadership or f°r any fiscal year under section fying and meeting their educational special service activities to be under­ . (a) of the Act which the Commis­ needs; and (4) a certificate of the re­ taken. sioner determines will not be required ceiving State educational agency ac­ (3) The adequacy of the design and ior such year shall be available for re­ cepting the transfer of funds for the procedures to be employed for the apportionment, on such dates during purposes identified by the State or States project. such year as the Commissioner may fix, requesting such transfer. Each such (4) The competencies of the project 0 other States in proportion to the request, when approved by the Com­ director and his staff. oS°UIi S originally apportioned to such missioner, shall become a part of each (5) The resources to be provided by ner States for such year, except that application of the receiving State which the State educational agency as its part tne amount to each such State shall be covers a program or programs affected of the cost of the project. tiiri extent it exceeds the sum by such a transfer. (6) The degree and type of participa­ tion in the project by States other than one commissioner determines the State Subpart C— Special Project Grants fh? ahle to use for such year. the State submitting the application. H ® j .e am°unts to be so reappor- § 119.20 Purpose. § 119.23 Disposition of applications. ioned will be determined by the Com- missioner °n the basis of ( 1 ) reports Special project grants authorized in On the basis of his evaluation, the section 505 of the Act will be made by nnir tlle States of the amounts re- Commissioner will (a) approve the ap­ the Commissioner to State educational plication in whole or in part, (b) disap­ or <;arry out the State application agencies to pay part of the cost of ex­ J applications approved by the Commis­ prove the application, or (c) defe?: action perimental projects for developing State on the application for such reasons as si®01^ ’ an<* ^ ) such other information leadership or for the establishment of lack of funds or a need for further s he may have available. Each State special services which, in the judgment gency shall, if requested, submit to the evaluation. Any deferral or disapproval of the Commissioner, hold promise of of an application will not preclude its commissioner, on such date or dates as making a substantial contribution to the reconsideration or resubmission. The e may specify, a report or reports show- solution of problems common to the Commissioner will notify the applicant No. 174------4 11522 RULES AND REGULATIONS

in writing of the disposition of the ap­ agency has failed to comply with the § 119.42 Records management. plication. If the Commissioner makes conditions of the grant or that the a grant, the grant award letter will in­ project reports are incorrect or incom­ (a) Records maintenance and disposi- tion. The State educational agency clude the approved budget and grant plete in any material respect. In the conditions. The applicant shall indi­ event of such a termination by the Com­ shall maintain and keep intact and ac­ cessible aU records supporting claims for cate acceptance of the proposed grant missioner, the State educational agency Federal grants or relating to the account­ by having an authorized official sigh a will be promptly notified and given the ability of such State agency for expendi­ copy of the grant award letter and by reasons for the Commissioner’s action returning such copy to: in writing. A special project grant may ture of such grants and relating to the also be voluntarily terminated by the expenditure of any non-Federal funds Division of State Agency Cooperation necessary for matching or supplementing State educational agency by written Office of Education the Federal share of such grants (1) for U.S. Department of Health, Education, and notice to the Commissioner. Welfare 3 years after the close of the fiscal year Washington, D.C. 20202 Subpart D— General Provisions in which the expenditure was made by the State educational agency; or (2) § 119.24 Duration o f the project. § 119.40 Arrangements with individuals until the State agency is notified that or other organizations. The project shall remain in effect for such records are not needed for admin­ the period specified in the notice of ap­ (a) In carrying out programs of proj­ istrative review; or (3) until the State proval or until otherwise terminated in ects under Title V of the Act, the State agency is notified of the completion of accordance with § 119.29. All payments educational agency receiving such grants the Department’s fiscal audit, whichever made with respect to the project shall may not transfer to others responsiblity is later. remain available for such a period. in whole or in part for the use of such (b ) Questioned expenditure. The rec­ Such a period may be extended by revi­ grants or the conduct of such programs ords involved in any claim or expendi­ sion of the project pursuant to § 119.26. or special projects, but may enter into ture which has been questioned shall be contracts or arrangements with others further maintained until necessary ad­ § 119.25 Payment procedures. for carrying out a portion of any such justments have been made and such ad­ Payments pursuant to special project program or special project. Such con­ justments have been reviewed and ap­ grants may be made available in install­ tracts or arrangements shall (1 ) be in proved by the Department. ments, and in advance on the basis of writing, (2) incorporate by reference all (c) Records of equipment. Where estimated costs, or reimbursement of requirements of the Act, the regulations equipment which costs $100 or more per actual costs incurred in carrying out the in this part, the applications of the State unit is purchased by the State with Fed­ approved project, with appropriate ad­ educational agency, and the grant con­ eral financial participation, inventories justments for underpayments or over­ ditions, (3) be made for a period not and other records supporting account­ payments in any prior period. exceeding the period for which the grant ability shall be maintained until the is available, (4) constitute a reasonable State agency is notified of the comple­ § 119.26 Revisions. and prudent use of grant funds, (5) pro­ tion of the Department’s review and Whatever the approved application vide that funds paid by the State educa­ audit covering the disposition of such for a special project is materially tional agency to the other party of the equipment. contract or arrangement will be used changed, a written request to revise the § 119.43 Grantee accountability. project must be made by the State edu­ only for costs incurred by such other cational agency receiving the project party in carrying out its portion of a A State educational agency receiving grants under Title V of the Act shall, in grant. Minor deviations of specific program or special project, and (6) pro­ accordance with procedures established amounts of expenditures among objects vide that such other party will account by the Commissioner, render a full ac­ from those estimated in the approved to the State educational agency for any counting of all grant funds paid to it application will not require revision of funds which are not expended in ac­ upon the expiration of Title V of the such application. Revisions shall be cordance with the contract or arrange­ Act or upon the termination of such submitted in writing and reviewed by the ment. (b) In applying for a grant under grants, and refund to the Commissioner Commissioner as a new project applica­ any overpayment which might have been tion. Project revisions may be initiated Title V of the Act, the State educational agency shall indicate in the application made, as determined by such an by the Commissioner if, on the basis of for such grant any intention it may have accounting. reports, it appears that Federal funds of entering into contracts or other ar­ are not being used effectively, or if 119.44 Allowable expenditures. rangements with individuals or orga­ changes are made in Federal appropria­ nizations to conduct a portion of any pro­ Federal funds granted to State edu- tions, laws, regulations, or policies gov­ gram or special project proposed in the itional agencies under Title V of the erning special projects. application. The State agency shall not ct may be used for such expenditures § 119.27 Reports. enter into any such contract or arrange­ i are necessary to carry out the pro- ment unless the intention to do so is *ams and special projects for which the The application shall provide that the included in an approved application, or rants are made. Such expenditures Sta'te agency receiving the special proj­ an amendment thereto. The State ay include (a) salaries, travel ana ect grant will consult periodically with agency shall submit to the Commissioner her expenses of professional personnel the Commissioner and will make such re­ two (2) copies of any such contract or id supporting staff for time spent on ports to him at such time, in such form, arrangement immediately upon execu­ stivities reasonably related to such pro- and containing such information as he tion. •ams or special projects, including pay- may consider reasonably necessary to ents for leave and employers’ contribu­ perform his duties under the Act. § 119.41 Fiscal audits and program re­ ons to retirement, workmen’s com- views. ;nsation, and other welfare funds, § 119.28 Publications. In order to assist the State educational hich are available under State law to Material produced as a result of any agency in adhering to statutory require­ îe or more general classes of State special project supported with grants ments and to the substantive legal and rency employees; (b) fees and approve“ under Title V of the Act may be published administrative provisions of an approved :penses of consultants, advisory com- without prior review by the Commis­ application, the Commissioner will con­ ittees, and other persons or gr°uP sioner: Provided, That such material in­ duct periodic reviews of the administra­ :ting in an advisory capacity to tn cludes an acknowledgment of Federal as­ tion of the State’s programs or special tate educational agency in carrying sistance through such grants and that projects under Title V of the Act. In it such programs or special projects, copies of such material are furnished to addition, all records covering expendi­ s) acquisition, maintenance and repai the Commissioner. tures for programs and projects of the ’ equipment (including minor remode - § 119.29 Termination o f grant. State educational agency will be audited ig), supplies, and materials, to the e The Commissioner may, at his discre­ by the Department to determine whether nt directly used or consumed imeanyr tion, terminate any special project grant the State agency has properly accounted ig out such programs or special pr if he finds that the State educational for Federal funds. Thursday, Septem ber 9, 1965 FEDERAL REGISTER 11523 those for the acquisition of land or the ing, for example, the State educational cations. If the proposal is accepted by acquisition, construction, or alteration of agency or a State college or university. the Office, the Commissioner and the buildings) to the extent that they are (g) “State educational agency” means State agency will enter into an agree­ directly attributable to such programs the State board of education or other ment which meets the requirements of or special projects. agency or officer primarily responsible section 507 of the Act and the regula­ for the State supervision of public ele­ tions in this part. Dated: July 29, 1965. mentary and secondary schools, or, if § 120.5 Duration o f assignment. [seal] F r a n c is K e p p e l , there is no such officer or agency, an U.S. Commissioner of Education. officer or agency designated by the Gov­ Each agreement between the Office ernor or by State law. and a State agency for an assignment of Approved: September 3,1965. personnel shall indicate the period of § 120.2 Purpose. John W. G ardner, assignment of each officer or employee Secretary of Health, Education, Under section 507 of the Act, the Com­ covered by the agreement. Such a and Welfare. missioner is authorized, through agree­ period of assignment shall not exceed [F.R. Doc. 65-9516; Plied, Sept. 8, 1965; ments or otherwise, to arrange for as­ 2 years. 8:49 a.m.] signment of officers and employees of § 120.6 Nature and type of assignment. States to the Office and assignment of officers and employees of the Office to Each agreement between the Office PART 120— INTERCHANGE OF States, for work which the Commissioner and a State agency for assignment of PERSONNEL WITH STATES determines will aid the Office in more personnel shall indicate the type and de­ effectively discharging its responsibili­ scribe the nature of the assignment of Federal financial assistance made pur­ ties as authorized by law, including co­ each officer or employee covered under suant to the regulations set. forth below operation with States and the provision the arrangement. Specifically, the are subject to the regulations in 45 CFR of technical or other assistance. Such agreement shall (a) indicate whether the Part 80, issued by the Secretary of arrangements will be made by the Com­ officer or employee of the Office will be on Health, Education, and Welfare, and missioner in accordance with the pro­ detail to a regular work assignment of approved by the President to effectuate visions of section 507 of the Act, the the Office or on leave without pay from the provisions of section 601 of the Civil regulations in this part, and any con­ his position in the Office, or whether the Rghts Act Of 1964 (P.L. 88-352). ditions and procedures which the Com­ officer or employee of the State agency Sec. missioner finds necessary to carry out will be given an appointment in the Of­ 120.1 Definitions. the purpose of the Act and the regula­ fice or assigned to the Office without ap­ 120.2 Purpose. tions in this part. pointment; (b) describe the duties and 120.3 Assignments of personnel. responsibilities of the officer or employee 120.4 Initiation of proposals. § 120.3 Assignments of personnel. while on his assignment; and (c) include 120.5 Duration of assignment. 120.6 Nature and type of assignment. Assignments of personnel between the the name and position title of the person 120.7 Personnel provisions. „ Office and a State agency may include responsible for the supervision of the of­ 120.8 Modification of agreement. (a) assignments to the State agency of ficer or employee while on the assign­ 120.9 Termination of agreement. one or more officers or employees of the ment. 120.10 Reports and evaluation. Office either on detail to a regular work § 120.7 Personnel provisions. Au th o rity : The provisions of this Part 120 assignment of the Office or on leave with­ issued under sec. 507(i) of P.L. 89-10,* 79 out pay from positions in the Office, (b) (a) Office personnel on detail to State Stat. 54, 20 U.S.C. 867( i ) . Interpret or apply assignments to the Office of one or more agency. Each agreement for assign­ secs. 507, 601, 79 Stat: 51, 55, 20 U.S.C. 867, ment to a State agency of an officer or 881. officers or employees of the State agency either with or without appointment in employee of the Office on detail to a § 120.1 Definitions. the Office, or (c) interchanges of per­ regular work assignment of the Office shall contain provisions with respect to As used in this part: sonnel involving any combination of par­ agraphs (a) and (b) of this section. compensation and allowances, travel and (a) “Act” means the Elementary an transportation expenses, and employee Secondary Education Act of 1965 (P.I § 120.4 Initiation o f proposals. 89-10). benefits which are consistent with his A proposal for an assignment of per­ remaining an officer or employee of the (b) “Commissioner” means the Unite sonnel between the Office and a State Office. Such an agreement may provide states Commissioner of Education. agency may be made by either the Com­ that the compensation, travel and trans­ (c) “Io m I educational agency” mear missioner or the State agency. portation expenses, and allowances (or a public board of education or other put (a) Office proposals. When the Com­ any part thereof) of the officer or em­ ic authority legally constituted withi missioner desires to effect with a State ployee will be reimbursed by the State. a state for either administrative contr< agency the assignment of personnel un­ (b) Office personnel on leave without or direction of, or to perform a servic der section 507 of the Act, he will pro­ pay. Each agreement for assignment 10n *or’ puklic elementary or sec pose an arrangement for that purpose to to a State agency of an officer or em­ onaary schools in a city, county, town the appropriate State agency. Upon ac­ ployee of the Office on leave without pay school district, or other politic« ceptance of the proposal by the State from his position in the Office shall, in „ visl0P a State, or such combina agency, the Commissioner and the State accordance with section 507 of the Act, vo„n , school districts or counties as j agency will enter into an agreement contain provisions with respect to the *n a State as an administra which meets the requirements of section following matters: „ aj=ency for its public elementary c 507 of the Act and the regulations in (1) Payment by the State of compen­ secondary schools. The term also in this part. sation (including allowances) of the a**y other public institution c (b) State proposals. A State agency officer or employee during the period of nr,H o^ving administrative contr« desiring the assignment of personnel assignment, which may include pro­ the Distric missioner will notify the State agency for reimbursement by the State for such and Guam* American Samo! in writing of his acceptance or rejection supplementary compensation; (f th«? Vlrgin Islands. of the proposal. If he rejects the pro­ (2) Payment by the Office of the ex­ an i : State agency” means a State c posal submitted by the State agency, he penses of travel of the officer or em­ tivitS" Cythe State en^aged in ac will provide reasons for his action, and, if ployee and transportation of his imme­ than n i111 v 1® of education, othe modifications would make the proposal diate family, household goods and per­ u a local educational agency, includ acceptable, he may suggest such modifi­ sonal effects to and from his initial place 11524 RULES AND REGULATIONS

of assignment, which may include pro­ of assignment and during the period of § 120.10 Reports and evaluation. visions for reimbursement by the State assignment; for such expenses; (3.) Coverage under the Federal Em­ The parties to each agreement shall (3 ) Entitlement to an n ual and sick ployees’ Compensation Act, except that adopt such procedures and make such leave to the extent authorized by Fed­ the officer or employee so appointed (or reports as the Commissioner may find eral law if that officer or employee were his dependents in case of death> may necessary for the evaluation of the not on leave without pay, but only in elect either the benefits under that Act progress of assignments under the agree­ circumstances considered by the Com­ or benefits available through employment ment in light of the purpose stated in missioner to justify approval of such in the State agency for injury or death; section 507 (b> of the Act and §120.2 leave; (4) Exclusion of the officer or em­ Such procedures and reports shall in- (4) Coverage under the Federal Em­ ployee from coverage under the Federal elude, but not be limited to, (a) periodic ployees’ Group Life Insurance Act of Civil Service Retirement Act and the consultations between the Office and the 1954, the Federal Employees’ Health Federal Employees’ Group Life Insurance State agency, (b) exchange of reports, Benefits Act of 1959, and the Civil Serv­ Act of 1954; and and (c) maintenance of records support-’ ice Retirement Act, including the col­ (5> Coverage under the Federal Em­ ing such reports and mutual access thereto. lection and deposit into the respective ployees’ Health Benefits Act of 1959, but Federal funds of all necessary contribu­ only if appointment to the Office results Dated: August 23,1965. tions and the election of either benefits in the loss of coverage in a group health available under those Acts or similar [ s e a l ] F rancis K eppel, benefits plans whose premium has been V.S. Commissioner of Educatim. benefits available through employment paid in whole or in part by a contribution in the State agency; of the State agency. Approved: September 3,1965. (5) Coverage under the Federal Em­ (e) General provisions. (1) Notwith­ J o h n W . G ardner, ployees’ Compensation Act, except that standing any other provision in this sec­ Secretary of Health, Education, the officer or employee so assigned (or tion, sections 203, 205, 207, 208, and 209 and Welfare. his dependents in case of death) may of Title 18 of the United States Code, elect either benefits available under that relating to conflicts of interest, shall ap­ [FJR. Doe. 65-9517; Filed, Sept. 8, 1965; Act or benefits available through em­ ply to all officers or employees on assign­ 8:50 am .] ployment in the State agency for injury ment pursuant to section 507 of the Act. or death; and (2) Each agreement for the assign­ (6) Crediting of the period of assign­ ment of an officer or employee shall pro­ Title 49— TRANSPORTATION ment toward eligibility for periodic or vide that the policies of both the Office longevity step increases under the Classi­ and the State agency governing the Chapter I— Interstate Commerce fication Act of 1949. standards of conduct of their personnel Commission (c) S-tate personnel without appoint­ shall apply to the officer or employee as­ SUBCHAPTER A— GENERAL RULES AND ment to Office. Each agreement feu: the signed under the agreement; and, if any REGULATIONS assignment to the Office of an officer or such policies conflict, the agreement shall employee of the State agency without include mutually acceptable provisions [No. 32259; Sub-No. 3] appointment shall contain provisions indicating which policies in the areas of PART 110— DESTRUCTION OF with respect to compensation and allow­ conflict will prevail. RECORDS ances, travel and transportation ex­ (3) Each agreement for the assign­ penses, and employee benefits which are ment of an officer or employee shall pro­ Subpart C— Sleeping Car Companies consistent with his remaining an officer vide that the rules and policies of the P eriods o p R e tentio n or employee of the State agency, except Office or State agency receiving the offi­ that, in accordance with section 507 of cer or employee on assignment with re­ Order. At a session of the Interstate the Act, provisions shall be contained in spect to the internal operation and Commerce Commission, division 2, held the agreement with respect to the fol­ management of the receiving agency (for at its office in Washington, D.C., on the lowing matters: example, hours of duty, building rules, 27th day of August A.D. 1965. (1) Payment by the Office of expenses and operating procedures) shall govern The Commission having under con­ of travel of the officer or employee (but the employment and conduct of such sideration the matter of regulations gov­ not expenses of transportation of his im­ employee or officer except as otherwise erning the destruction of records of mediate family, household goods, and provided in the agreement through mu­ sleeping car companies pursuant to pro­ personal effects) to and from the place tual consent. visions of the Interstate Com m erce Act, of assignment or during the period of (4) Each agreement for the assign­ as amended; and assignment; ment of an officer or employee may con­ It appearing, that previously published (2) Coverage under the Federal Em­ tain any other provisions not in violation amendments of the regu latio n s require ployees’ Compensation Act, except that of the Act or the regulations in this part correction of headings for consistency the officer or employee so assigned (or his which the Office or State agency finds of format, consisting of m in o r technical dependents in case of death) may elect necessary to carry out the assignment changes permissive in n atu re so that either the benefits under that Act or provided for therein and which are mu­ public rifle making procedure is deemed benefits available through employment tually acceptable. unnecessary; It is ordered, That the correction here­ in the State agency for injury or death. § 120.8 Modification of agreement. (d) State personnel with appointment under be made in the document appear­ to Office. Each agreement for appoint­ Eaeh agreement for an assignment of ing at 23 FJt. 2128, April 1, 1958, and ment to the Office of an officer or em­ personnel between the Office and a State as published in the Cumulative Pocket ployee of the State agency for the period agency may be shortened, extended, or Supplement To The Code o f Federal of assignment shall, in accordance with otherwise modified upon the mutual Regulations as of January 1, 1965 (49 section 507 of the Act, contain provisions agreement of both parties. Such modi­ CFR 110.50): In § 110.50, under tne with respect to the following matters: fications shall be in accordance with caption “Period to be retained”, the sud- (1) Payment by the Office of compen­ section 507 of the Act and the regula­ caption “Now in effect” and the reten­ sation in accordance with the Classifica­ tions in this part. tion periods shown thereunder are de­ tion Act of 1949 and allowances as § 120.9 Termination of agreement. leted. The subcaption “As revised is also deleted; the retention periods there­ authorized by Federal law; Each agreement for an assignment of under are retained. . (2) Payment by the Office of expenses personnel between the Office and a State It is further ordered, That this or of travel of the officer or employee (but agency may be terminated by mutual not expenses of transportation of his consent or upon 60 days’ notice by either be served on the. Pullman Co., as immediate family, household goods, and party of its intention to terminate the only subject sleeping car personal effects) to and from the place agreement. and notice be given the general P 11525 Thursday, September 9, 1965 FEDERAL REGISTER adoption of the Federal migratory game by depositing a copy thereof in the O f­ PART 32— HUNTING bird regulations to and including the fice of the Commission at Washington, Certain National Wildlife Refuges, establishment of State hunting seasons DC., and by filing with the Director, makes it impracticable to give public no­ Office of the Federal Register. Oregon and Washington tice of proposed rule making. Pursuant to the authority vested in the (Sec. 20, 24 Stat. 386; as amended; 49 U.S.C. Secretary of the Interior by the Migra­ § 32.12 Special regulations; migratory 20) tory Bird Conservation Act of February game birds; for individual wildlife By the Commission, division 2. 18, 1929, as amended (45 Stat. 1222; 16 refuge areas. U.S.C. 715), the Migratory Bird Hunting [seal] H. N e il G a r s o n , I daho Secretary. Stamp Act of 1934, as amended (48 Stat. 451; 16 U.S.C. 718d), and the Fish and CAMAS NATIONAL WILDLIFE REFUGE [F.R. Doc. 66-9509; Filed, Sept. 8, 1965; Wildlife Coordination Act, as amended The public hunting of ducks, geese, 8:48 a.m.] (48 Stat. 401; 16 U.S.C. 661), 50 CFR coots and gallinules on the Camas Na­ 32.11 and 32.21 are amended by the addi­ tional Wildlife Refuge, Idaho, is per­ tion of McNary National Wildlife Refuge, mitted from October 9, 1965, through Title 50— WILDLIFE AND Wash., and Willamette National Wild­ January 6, 1966, inclusive, but only on life Refuge, Oreg., to the list of areas the area designated by signs as open to FISHERIES open to the hunting of migratory game hunting. This open area, comprising birds, and McNary National Wildlife 3,440 acres, is delineated on maps avail­ Chapter I— Bureau, of Sport Fisheries Refuge, Wash., to the list of areas open able at refuge headquarters, Hamer, and Wildlife, Fish and Wildlife to upland game hunting. Idaho, and from the Regional Director, Service, Department of the Interior It has been determined that regulated Bureau of Sport Fisheries and Wildlife, hunting of upland game and migratory 1002 Northeast Holladay, Portland, Oreg., PART 32— HUNTING game birds may be permitted as desig­ 97208. Hunting shall be in accordance Tishomingo National Wildlife Refuge, nated on McNary and Willamette N a­ with all applicable State and Federal Oklahoma tional Wildlife Refuges without detri­ regulations. ment to the objectives for which the The provisions of this special regula­ The following special regulation is is­ areas were established. tion supplement the regulations which sued and is effective on date of publica­ Notice and public procedure on this govern hunting on wildlife refuge areas tion in the F ederal R egister. amendment are deemed contrary to the generally which are set forth in Title 50, § 32.22 Special r e g u la t io n s ; upland public interest because of the proximity Code of Federal Regulations, Part 32, game; for individual wildlife refuge of the upland game and migratory game and are effective through January 6, areas. bird seasons in the States of Oregon and 1966. Washington. Since the amendment P a u l T. Q u i c k , O k l a h o m a benefits the public by allowing upland Regional Director, Bureau TISHOMINGO NATIONAL WILDLIFE REFUGE game and migratory, game bird hunting of Sport Fisheries and Wildlife. on McNary and Willamette National Public hunting of quail on the Tish­ Wildlife Refuges, it shall become effec­ A u g u s t 26, 1965. omingo National Wildlife Refuge, Okla., tive upon publication in the F ederal [F.R. Doc. 65-9522; Filed, Sept. 8, 1965; is permitted only on the area designated 8:51 a.m.] by signs as open to hunting. This open R eg ister . L Section 32.11 is amended by the ad­ area, comprising 3,100 acres, is deline­ dition of the following areas to thosé ated o.n maps available at refuge head­ where hunting of migratory game birds PART 32— HUNTING quarters, Tishomingo,' Okla., and from the Regional Director, Bureau of Sport is authorized : Fallon National Wildlife Refuge, Nev. Fisheries and Wildlife, Post Office Box § 32.11 List o f open areas; migratory The following special regulations are 1306, Albuquerque, N. Mex., 87103. game birds. issued and are effective on date of pub­ Hunting shall be in accordance with all * * * * * lication in the F ederal R e g ist e r . The applicable State regulations governing O regon limited time ensuing from the date of the the hunting of quail subject to the fol­ adoption of the Federal migratory game lowing special conditions: WILLAMETTE NATIONAL WILDLIFE REFUGE bird regulations to and including the (1) The open season for hunting quail W a s h in g t o n establishment of State hunting seasons on the refuge extends from sunrise to makes it impracticable to give public sunset November 20, 1965, through Jan­ MCNARY NATIONAL WILDLIFE REFUGE notice of proposed rule making. uary 15, 1966, inclusive, on Tuesdays, Thursdays, Saturdays, and national 2. Section 32.21 is amended by the ad­§ 32.12 Special regulations; migratory holidays. dition of the following area to those game birds; for individual wildlife (2) Dogs may be used i or the purpose where hunting of upland game is au­ refuge areas. or hunting and retrieving. thorized: N evada (3) A Federal permit is not required to § 32.21 List o f open areas; upland game. enter the public hunting area, but hunt­ FALLON NATIONAL WILDLIFE REFUGE ★ * * * * ers, upon entering and leaving, shall re­ The public hunting of ducks, geese, port at designated checking stations as W a s h in g t o n coots and gallinules on the Fallon N a­ u e ^tablished for the regulation of MCNARY NATIONAL WILDLIFE REFUGE tional Wildlife Refuge is permitted from pne hunting activity and shall furnish October 16, 1965, through January 9, miormation pertaining to their hunting, J o h n A. C arver, Jr., 1966, only on the area designated by signs as requested. Under Secretary of the Interior. as open to hunting. This open area, Provisions of this special regula- „ f suPplen?ent the regulations which S e p t e m b e r 3, 1965. comprising 9,600 acres, is delineated on ern h atin g on wildlife refuge areas [F.R. Doc. 65-9557; Filed, Sept. 8, 1965; a map available at the refuge headquar­ ™ ^ raJly which are set forth in Title 8:58 a.m.] ters and from the Regional Director, ’,Coc^e Federal Regulations, Part 32, Bureau of Sport Fisheries and Wildlife, 1966 arC effective through January 15, 1002 Northeast Holladay, Portland, Oreg., PART 32— HUNTING 97208. E arl W . C r a v e n , Camas National Wildlife Refuge, Hunting shall be in accordance with Refuge Manager, Tishomingo all applicable State and Federal regula­ Idaho National Wildlife Refuge, tions. ' Tishomingo, Okla. The following special regulations are The provisions of this special regula­ A u g u s t 26,1965. issued and are effective on date of pub­ tion supplement the regulations which [F.R. Doc. 65-9503; Filed, Sept. 8, 1965; lication in the F ederal R e g ister . The govern hunting on wildlife refuge areas 8:46 a.m.] limited time ensuing from the date of the generally which are set forth in Title 50, 11526 RULES ANO. REGULATIONS

Code of Federal Regulations, Part 32 and § 32.12 Special regulations; migratory snipe is permitted from October 23,1965 are effective through January 9, 1966. game b in b ; for mdivichial wildlife through December 11, 1965, only on the refuge areas. P a u l T . Q u ic k , area designated by signs as open to hunt­ Regional Director, Bureau O r egon ing. This open area, comprising 3,675 of Sport Fisheries and Wildlife. acres, is delineated on a map available COLO SPRINGS NATIONAL WILDLIFE REFUGE at the refuge headquarters, Tule Lake A u g u s t 27,1965. The public hunting of ducks, coots, National Wildlife Refuge, Tulelake [F.R. Doc. 65-9526; Filed, Sept. 8, 1965; and gallinules on the Cold1 Springs N a­ Calif., and from the Regional Director] 8:52 ajn .] tional Wildlife Refuge is permitted from Bureau of Sport Fisheries and Wildlife, October 9, 1965, through January 16, 1002 Northeast Holladay, Portland, Oreg 1966, and the hunting of geese is per­ 97208. PART 32— HUNTING mitted from October 9, 1965, through Hunting shall be in accordance with Stillwater Wildlife Management Area, January 6, 1966, only on the area desig­ all applicable State and Federal regula­ tions subject to the following special Nev. nated by signs as open to hunting. This open area, comprising 900 acres, is conditions: The following special regulations are delineated on a map available at the (1) Boats with motors not larger than issued and are effective on date of pub­ refuge headquarters, McNary National 10 horsepower may be used for access to lication in the F ederal R eg iste r . The Wildlife Refuge, Burbank, Wash., and the hunting area. Sculling and air- limited time ensuing from the date of from the Regional Director, Bureau of thrust boats are prohibited. the adoption of the Federal migratory Sport Fisheries and Wildlife, 1002 North­ The provisions of this special regula­ game bird regulations to and ineluding east Holladay, Portland, Oreg., 97208. tion supplement the regulations, which the establishment of State hunting sea­ Hunting shall5 be in accordance with govern^ hunting on wildlife refuge areas sons makes it impracticable to give pub­ all applicable State and Federal regula­ generally which are set forth in Title 50, lic notice of proposed rule making. tions subject to the following special Code of Federal Regulations, Part 32 conditions: and are effective through January 6, § 32.12 Special regulations.; migratory 1966: game birds; for individual wildlife (1> Hunting will be permitted only on P a u l T. Q uick , refuge areas. Saturdays, Sundays, and Wednesdays of each week. Regional Director, Bureau N evada (2) Motor vehicles will be permitted of Sport Fisheries and Wildlife. STILLWATER WILDLIFE MANAGEMENT AREA only at designated parking areas. A u g u s t 27,1965. (3> Boats without motors may be used The public hunting of ducks, geese, for hunting. [F.R. Doc. 65-9529; Filed,, Sept. 8, 1965; 8:52 a.m.f coots and gallinules on the Stillwater (4) Temporary bHnds may be con­ Wildlife Management Area is permitted structed of vegetative material but the from October 16, 1965, through January digging of pits is prohibited. PART 32— HUNTING 9, 1966, only on the area designated by The provisions of this special regula­ signs as open to hunting. This open tion supplement the regulations which McKay Creek National Wildlife area, comprising 186,430 acres, is de­ govern hunting on wildlife refuge areas Refuge, Oreg. lineated on a map available at the refuge generally which are set forth in Title 50, The following special regulations are headquarters and from the Regional Code of Federal Regulations, Part 32 and issued and are effective on date of pub­ Director, Bureau of Sport Fisheries and are effective through January 16,1966. Wildlife, 1002 Northeast Holladay, Port­ lication in the F ederal R egister. The land, Oreg., 97208. P a u l T . Q u i c k , limited time ensuing from the date of Hunting shall be in accordance with Regional Director, Bureau the adoption of the F e d e ra l migratory aU applicable State and Federal regu­ of Sport Fisheries and Wildlif e. game bird regulations to a n d including the establishment of State hunting sea­ lations. A u g u s t 27,. 1965. The provisions of this special regula­ sons makes it impracticable to give pub­ [F.R. Doc. 65-9528; Filed, Sept. 8, 1965; lic notice of proposed rule making. tion supplement the regulations which 8:52 a.m.] govern hunting on wildlife refuge areas § 32.12 Special regulations; migratory generally which are set forth in Title 50; game birds; for individual wildlife Code of Federal Regulations, Part 32 PART 32— HUNTING refuge areas. and are effective through January 9, Klamath Forest National Wildlife O regon 1966. Refuge, Oreg. MCKAY PREEK NATIONAL WILDLIFE REFUGE P a u l T . Q u i c k , Regional Director, Bureau The following special regulations are The public hunting of ducks, coots and of Sport Fisheries and Wildlife. issued and are effective on date of publi­ gallinules on the McKay Creek National cation in the F ederal R eg ister . The Wildlife Refuge is permitted from Oc­ A u g u s t 27, 1965. limited time ensuing from the date of the tober 9, 1965, through January 16, [F.R. Doc. 65-952T; Filed, Sept. 8, 1965; adoption of the Federal migratory game and the hunting of geese is p erm it«« 8:52 a.m.l bird regulations to and including the from October 9,1965, through January b, establishment of State hunting seasons 1966, only on the area designated by makes it impracticable to give public no­ signs as open to hunting. This ope® PART 32— HUNTING tice of proposed rule making. area, comprising 660 acres, is delineated on a map available at the refuge heaa- § 32.12 Special regulations; migratory Cold Springs National Wildlife quarters, McNary National W ild life Kei- game birds; for individual wildlife Refuge, Oreg. refuge areas. uge, Burbank, Wash., and from tíre gional Director, Bureau of Sport Fis- The following special regulations are O regon eries and Wildlife, 1002 Northea issued and are effective on date of publi­ KLAMATH FOREST NATIONAL WILDLIFE Holladay, Portland, Oreg., 97208. cation in the F ederal R eg iste r . The Hunting shall be in accordance w REFUGE limited time ensuing from the date of the all applicable State and Federal reg ' adoption of the Federal migratory game The public hunting of ducks, geese, lations subject to the following spec bird regulations to and including the coots and gallinules on the Klamath conditions: ... . establishment of State hunting seasons Forest National Wildlife Refuge is per­ (1) The use of boats is permitted, duj makes it impracticable to give public mitted from October 9, 1965, through motors may be used on boats only notice of proposed rule making. January 6, 1966, and the hunting of access to the hunting area. Thursday, September 9, 1965 FEDERAL REGISTER 11527

(2) Hunting will be permitted only on lication in the F e d e r a l R e g is t e r . The § 32.21 List o f open areas; upland game. Saturdays, Sundays, and Wednesdays of limited time ensuing from the date of ***** each week. the adoption of the Federal migratory Kentucky game bird regulations to and including The provisions of this special regula­ Reelfoot National Wildlife Refuge. tion supplement the regulations which the establishment of State hunting sea­ govern hunting on wildlife refuge areas sons makes it impracticable to give pub­ J o h n A. C a r v e r , Jr., generally which are set forth in Title 50, lic notice of proposed rule making. Under Secretary of the Interior. Code of Federal Regulations, Part 32, §32.12 Special regulations; migratory S e p t e m b e r 2,1965. and are effective through January 16, game birds; for individual wildlife [F.R. Doc. 65-9523; Filed, Sept. 8, 1965; 1966. refuge areas. 8:51 a.m.] P a u l T. Q u i c k , Regional Director, Bureau O r e g o n of Sport Fisheries and Wildlife. UPPER KLAMATH NATIONAL WILDLIFE PART 32— HUNTING REFUGE August 27,1065. National Wildlife Refuges, Mont., [F.R. Doc.65-9530; Filed, Sept. 8, 1965; The publip hunting of ducks, geese, and Certain Other States 8:53 a.m.j coots and gallinules on the Upper Klam­ ath National Wildlife Refuge is per­ Pursuant to the authority vested in mitted from October 9, 1965, through the Secretary of the Interior by the PART 32— HUNTING January 6, 1966, only on the area desig­ Migratory Bird Conservation Act of Feb­ nated by signs as open to hunting. This Malheur National Wildlife Refuge, ruary 18, 1929, as amended (45 Stat. open area, comprising 3,364 acres, is 1222; 16 U.S.C. 715), the Migratory Bird Oreg. delineated on a map available at the Hunting Stamp Act of 1934, as amended The following special regulations are refuge headquarters, Tule Lake National (48 Stat. 451; 16 U.S.C. 718d), and the issued and are effective on date of pub­ Wildlife Refuge, Tulelake, Calif., and Fish and Wildlife Coordination Act, as from the Regional Director, Bureau of lication in the F e d e r a l R e g is t e r . The amended (48 Stat. 401; 16 U.S.C. 661), limited time ensuing from the date of Sport Fisheries and Wildlife, 1002 North­ 50 CFR 32.21 is amended by the addi­ the adoption of the Federal migratory east Holladay, Portland, Oreg., 97208. tion of Bowdoin National Wildlife Ref­ game bird regulations to and including Hunting shall be in accordance with all uge, Mont., Cold Springs National W ild­ the establishment of State hunting sea­ applicable State and Federal regula­ life Refuge, Oreg., and Pathfinder Na­ sons makes it impracticable to give pub­ tions subject to the following special con­ tional Wildlife Refuge, Wyo., to the list lic notice of proposed rule making. dition: of wildlife refuges open to upland game (1) Boats with motors not larger thanhunting. §32.12 Special regulations; migratory 10 horsepower may be used for access to It has been determined that regulated game birds; for individual wildlife the hunting area. Sculling and air- refuge areas. hunting of upland game maiy be per­ thrust boats are prohibited. mitted as designated on Bowdoin N a­ O r e g o n The provisions of this special regula­ tional Wildlife Refuge, Cold Springs N a­ tion supplement the regulations which MALHEUR NATIONAL WILDLIFE REFUGE tional Wildlife Refuge, and Pathfinder govern hunting on wildlife refuge areas National Wildlife Refuge without detri­ Public hunting of ducks, geese, coots generally which are set forth in Title 50, ment to the objectives for which the and gallinules on the Malheur National Code of Federal Regulations, Part 32, and areas were established. Wildlife Refuge is permitted from Oc­ are effective through January 6, 1966. Notice and public procedure on this tober 9, 1965, through January 6, 1966, P a u l T . Q u i c k , amendment are deemed contrary to the only on the area designated by signs as Regional Director, Bureau public interest because of the proximity open to hunting. This open area, com­ of Sport Fisheries and Wildlife. of the upland game season in the States prising 9,900 acres, is delineated on maps of Montana, Oregon, and Wyoming. available at the refuge headquarters and A u g u s t 27, 1965. Since the amendment benefits the public from the Regional Director, Bureau of [F.R. Doc. 65-9532; Filed, Sept. 8, 1965; by allowing upland game hunting on Sport Fisheries and Wildlife, 1002 North­ 8:53 am .] Bowdoin, Cold Springs, and Pathfinder east Holladay, Portland, Oreg., 97208. National Wildlife Refuges, it shall be­ Hunting shall be in accordance with PART 32— HUNTING come effective upon publication in the applicable State and Federal regula­ F e d e r a l R e g is t e r . tions subject to the following special Section 32.21 is amended by the addi­ conditions: Reelfoot National Wildlife Refuge, Ky. tion of the following areas to those where (1) Camping is permitted in desij upland game hunting is authorized: nated areas only. On page 8630 of the F e d e r a l R e g is t e r § 32.21 List o f open areas; upland game. k A Federal permit is not requir< of July 8, 1965, there was published a out hunters will report at such checkii * * * * * notice of a proposed amendment to stations as may be established when ei ontana § 32.21 of Title 50, Code of Federal Regu­ M or having the area. lations. The purpose of this amendment Bowdoin National Wildlife Refuge. The provisions of this special regul: is to authorize the hunting of upland ion supplement the regulations whi< Oregon game on that portion of the Reelfoot govern hunting on wildlife refuge are National Wildlife Refuge lying within Cold Springs National Wildlife Refuge. generally which are set forth in Title 5 the State of Kentucky. W yoming of Federal Regulations, Part 3 Interested persons were given 30 days Pathfinder National Wildlife Refuge. 1966 ^ effec^ ve through January within which to submit written com­ ments, suggestions, or objections with J o h n A. C a r v e r , Jr., P a u l T . Q u i c k , regard to the proposal. No comments, Under Secretary of the Interior. Regional Director, Bureau suggestions, or objections have been re­ S e p t e m b e r 2, 1965. of Sport Fisheries and Wildlife. ceived. The proposed amendment is A u g u s t 27,1965. hereby adopted without change. [F.R. Doc. 65-9524; Filed, Sept. 8, 1965; 8:51 a.m.] [F.R. Doc. 65-9531; Filed, Sept. 8, 1965; Since this amendment benefits the 8:53 am .] public by relieving existing restrictions on hunting, it shall become effective upon PART 32— HUNTING publication in the F e d e r a l R e g is t e r . PART 32— HUNTING Red Rock Lakes National Wildlife (Sec. 10, 45 Stat. 1224; 16 U.S.C. 7151 and uPPer Klamath National Wildlife sec. 4, 48 Stat. 451, as amended, 16 U.S.C. Refuge, Mont. Refuge, Oreg. 718d) The following special regulation is is­ issued nn!l°^ing« pecial regulations are Section 32.21 is amended by the fol­ sued and is effective on date of publica­ and are effective on date of pub­ lowing addition: tion in the F ederal R eg ister . 11528 RULES AND REGULATIONS

§. 32.32 Special regulations; big game; are delineated on a map available at ref­ The provisions of this special regula­ for individual wildlife refuge areas. uge headquarters, Monida, Mont., and tion supplement the regulations which M o n ta k a from the Regional Director, Bureau of govern hunting on wildlife refuge areas Sport Fisheries and Wildlife, 1002 North- generally which are set forth in Title RED ROCK LAKES NATIONAL WILDLIFE REFUGE east Holladay, Portland, Or eg-, 97208. 50, Code of Federal Regulations, Part The public hunting of big game on the Hunting for antelope, deer, elk and 32, and are effective through November Red Rock Lakes National Wildlife Ref­ moose shall be in accordance with all 28,1965. uge, Mont., is permitted from October applicable State regulations, subject to P a u l T. Q uick , Regional Director, Bureau 24 through Novemher 28, 1965, inclusive, the following special condition: of Sport Fisheries and Wildlife. but only on the area designated by signs (1) Hunting for moose shall be by as open to hunting. The open areas, permit only; permits must be obtained A u g u s t 2?, 1965. comprising 9,900 acres for antelope and from the State Fish and Game [F-R. Doc. 65-9625;. Filed, Sept. 8, 1965; moose and 4,700 acres for deer and elk Department. 8:51 a.m.l of the Interior by the Migratory Bird 451; 16 U.S.C. 718d), it is proposed to DEPARTMENT OF THE INTERIOR Conservation Act of February 18, 1929, »m m d 50 CFR 32.11, 32.21, 32.31, and as amended (45 Stat. 1222; 16 U.S.C. 33.4 by the addition of Kootenai National Fish and Wildlife Service 715), the Migratory Bird Hunting Stamp Wildlife Refuge, Idaho, to the list of [ 50 CFR Part 32 ] Act of 1934, as amended (48 Stat. 451; areas open to the hunting of migratory 16 U.S.C. 718d), and the Fish and Wild­ game birds, upland game, and big game HUNTING life Coordination Act, as amended (48 and to the list of areas open to sport Stat. 401; 16 U.S.C. 661), it is proposed fishing. Certain National Wildlife Refuges, to amend 50 CFR 32.31 and 33.4 by the It has been determined that sport New Mexico and Wyoming addition of Tishomingo National W ild­ fishing and the regulated hunting of Notice is hereby given that pursuant to life Refuge, Oklahoma, to the list of upland game, big game, and migratory the authority vested in the Secretary of areas open to the hunting of big game, game birds may be permitted as desig­ the Interior by the Migratory Bird Con­ and Bowdoin National Wildlife Refuge, nated on Kootenai National Wildlife servation Act of February 18, 1929, as Montana, to the list of areas open to Refuge, Idaho, without detriment to the amended (45 Stat. 1222; 16 U.S.C. 715), sport fishing. objectives for which the area was the Migratory Bird Hunting Stamp Act It has been determined that sport fish­ established. of 1934, as amended (48 Stat. 451; 16 ing and the regulated hunting of big It is the policy of the Department of U.S.C. 718d), and the Fish and Wildlife ga.mp may be permitted as designated the Interior, whenever practicable, to Coordination Act, as amended (48 Stat. on Bowdoin National Wildlife Refuge afford the public an opportunity to par­ 401; 16 U.S.C. 661), it is proposed to and Tishomingo National Wildlife Ref­ ticipate in the rulemaking process. Ac­ amend 50 CFR 32.11 by the addition of uge without detriment to the objectives cordingly, interested persons may sub­ Bosque del Apache National Wildlife for which the areas were established. mit written comments, suggestions, or Refuge, N. Mex., and Pathfinder National It is the policy of the Department of objections, with respect to this proposed Wildlife Refuge, Wyo., to the list of wild­ the Interior, whenever practicable, to amendment, to the Director, Bureau of life refuges open to the hunting of afford the public an opportunity to par­ Sport Fisheries and Wildlife, Washing­ migratory game birds. ticipate in the rulemaking process. Ac­ ton, D.C., 20240, within 30 days of the It has been determined that the regu­ cordingly, interested persons may submit date of publication of this notice in the lated hunting of migratory game birds written comments, suggestions, or ob­ F ederal R eg ist e r . may be permitted on the Bosque del jections, with respect to this proposed 1. Section 32.11 is amended by the Apache National Wildlife Refuge and the amendment, to the Director, Bureau of addition of the following area as one Pathfinder National Wildlife Refuge Sport Fisheries and Wildlife, Washing­ where hunting of migratory game birds ton, D.C., 20240, within 30 days of the without detriment to the objectives for is authorized: which the areas were established. date of publication of this notice in the It is the policy of the Department of F e d e r a l R e g is t e r . § 32.11 List o f open areas; migratory the Interior, whenever practicable, to 1. Section 32.31 is amended by the ad­ game birds. afford the public an opportunity to par­ dition of the following area as one where ***** ticipate in the rulemaking process. Ac­ hunting of big game is authorized: I daho cordingly, interested persons may submit § 32.31 List o f open areas; big game. Kootenai National Wildlife Refuge. written comments, suggestions, or objec­ • * * *' * tions, with respect to this proposed 2. Section 32.21 is amended by the Oklahoma amendment, to the Director, Bureau of addition of the following area as one Sport Fisheries and Wildlife, Wash­ Tishomingo National Wildlife Refuge. where hunting of upland game is ington, D.C., 20240, within 30 days of 2. Section 33.4 is amended by the ad­ authorized: the date of publication of the notice in dition of the following area as one where the F ederal R eg ister . § 32.21 List of open areas; upland game. sport fishing is authorized: Section 32.11 is amended by the addi­ ***** tion of the following area as one where § 33.4 List o f open areas; sport fishing. I daho hunting of migratory game birds is au­ * * * * * Kootenai National Wildlife Refuge. thorized: Montana 3. Section 32.31 is amended by the §32.11 List of open areas; migratory Bowdoin National Wildlife Refuge. game birds. addition of the following area as one ***** J o h n A. C a r v e r , Jr., where hunting of big game is authorized: Under Secretary of the Interior. New Mexico § 32.31 List o f open areas; big game. Bosque del Apache National Wildlife S e p t e m b e r 2,1965. ***** Refuge. [F.R. Doc. 65-9534; Filed, Sept. 8, 1965; I daho Wyoming 8:53 am .] Pathfinder National Wildlife Refuge. Kootenai National Wildlife Refuge.

John A. C a r v e r , Jr. 4. Section 33.4 is amended by the Under Secretary of the Interior. [ 50 CFR Parts 32, 33 ] addition of the following area as one where sport fishing is authorized: S e p t e m b e r 8,1965. HUNTING AND SPORT FISHING IF.R. Doc. 65-9533; FUed, Sept. 8, 1965; § 33.4 List o f open areas; sport fishing. 8:53 a.m.] Kootenai National Wildlife Refuge, ***** Idaho I daho I 50 CFR Parts 32, 33 1 Notice is hereby given that pursuant Kootenai National Wildlife Refuge. HUNTING AND SPORT FISHING to the authority vested in the Secretary John A. Carver, Jr., of the Interior by the Migratory Bird Under Secretary of the Interior. Certain National Wildlife Refuges, Conservation Act of February 18, 1929, September 2,1965. Montana and Oklahoma as amended (45 Stat. 1222; 16 UJ3.C. Notice is hereby given that pursuant 715), and the Migratory Bird Hunting [FJR. Doc. 65-9535; Hied, Sept. 8, 1965; w me authority vested in the Secretary Stamp Act of 1934, as amended (48 Stat. 8:54 a.m.] No. 17< 5 11529 11530 PROPOSED RULE MAKING

weight of each lot of prunes received accordance with § 925.41 of the afore­ DEPARTMENT OF AGRICULTURE by him from producers and dehydrators, said marketing agreement and order. excluding the weight obligation of § 993.- All persons who desire to submit writ­ Consumer and Marketing Service 49(c). Such obligation as to substand­ ten data, views, or arguments in connec­ [ 7 CFR Part 993 1 ard prunes shall be a weight equivalent tion with the aforesaid proposals should to one-half of the excess off-grade primes file the same, in quadruplicate, with the DRIED PRUNES PRODUCED IN in each lot (i.e., defective prunes in ex­ Hearing Clerk, U.S. Department of Agri­ CALIFORNIA cess of the tolerances prescribed pur­ culture, Room 112, Administration Build­ suant to § 993.49 for standard prunes ing, Washington, D.C., 20250, not later Salable and Reserve Percentages after excluding the weight obligation of than the 10th day after the publication and Handler Reserve Obligation § 993.49(c)), but the obligation weight of this notice in the F e d e r a l R egister. for 1965—66 Crop Year shall not exceed 20 percent of the weight All written submissions made pursuant to of the lot; and as to standard prunes this notice will be made available for Notice is hereby given of a proposal to shall be a weight representing any bal­ public inspection at the office of the establish, for the 1965-66 crop year, sal­ ance necessary to meet a total obliga­ Hearing Clerk during regular business able and reserve percentages for Cali­ tion weight of 20 percent. Both the sub­ hours (7 CFR 1.27(b)). fornia dried prunes of 80 and 20 percent, standard prunes and the standard prunes respectively, and, in connection there­ Dated: September 2, 1965. . shall be apportioned among the field with, the required composition of each pricing size categories consistent with the P a u l A . N ic h o l s o n , handler’s reserve obligation. The pro­ apportionment of the average size count Deputy Director, Fruit and posal would be established in accordance of the lots received and shall not exceed Vegetable Division, Consumer with provisions of the marketing agree­ in count the top of any such category. and Marketing Service. ment, as amended, and Order No.' 993, Such size categories shall be as follows: as amended (7 CPR Part 993; 30 F.R. [F.R. Doc. 65-9495; Filed, Sept. 8, 1965; 8:46 a.m.] 9797) regulating the handling df dried Standard French prunes— 34/50, 51/60, 61/ prunes produced in California, effective 70, 71/81, 82/101, 102/111^ and off-size 112/ 121 and 122/up. under the Agricultural Marketing Agree­ Substandard French prunes— 70/larger, ment Act of 1937, as amended (7 U.S.C. 71/101, and 102/up. FEDERAL AVIATION AGENCY 601-674). The proposal was recom­ Standard Non-French prunes (except Robe mended by the Prune Administrative de Sargent)— 24/larger, 25/29, 30/33, 34/50, [ 14 CFR Part 121 1 Committee. and off-size 51/up. All persons who desire to present Substandard Non-French prunes—51/ [Docket No. 6897; Notice No. 65-21] written data, views or arguments in con­ larger and 52/81. TRAINING PROGRAM: INITIAL nection with the aforesaid proposal Standard Robe de Sargent— 34/50, 51/60, and off-size 61/up. FLIGHT ASSIGNMENT should file the same, in quadruplicate, Substandard Robe de Sargent— 61/larger with the Hearing Clerk, United States and 62/up. Notice of Proposed Rule Making Department of Agriculture, Room 112, The Federal Aviation Agency is con­ Administration Building, Washington, Dated: September 2, 1965. sidering amending § 121.414(c) (3) of the D.C., 20250, not later than 8 days after P a u l A . N i c h o l s o n , training program requirements to permit publication of this notice in the F e d e r a l Deputy Director, Fruit and a reduction in the hours of initial flight R e g is t e r . All written submissions made Vegetable Division, Consumer assignments for cabin attendants and pursuant to this notice will be made and Marketing Service. dispatchers based on the substitution of available for public inspection at the of­ [F.R. Doc. 65-9546; Filed, Sept. 8, 1965; one takeoff and one landing for one re­ fice of the Hearing Clerk during official 8:56 a.m.] quired hour of flight. hours of business (7 CFR 1.27(b)). Interested persons are invited to par­ The proposed percentages are based ticipate in the making of the proposed upon the following estimates: Consumer and Marketing Service rule by submitting such written data, [ 7 CFR Part 925 1 views, or arguments as they may desire. Tons of dried prunes Communications should identify the Item HANDLING OF FRESH PRUNES regulatory docket or notice number and Natural ' Processed be submitted in duplicate to the Federal condition weight GROWN IN DESIGNATED COUN­ weight TIES IN IDAHO AND IN MALHEUR Aviation Agency, /Office of the General COUNTY, OREGON Counsel, Attention: Rules Docket, 800 1. Salable carryover (Aug. Independence Avenue SW., Washington, 1,1965)...... - ...... 38,000 Approval of Expenses and Fixing of D.C., 20553." All communications re­ 2. 1965 production______. 180,000 ceived on or before November 8,1965, will 3. Total estimated supply Rate of Assessment for the 1965— 218,000 be considered by the Administrator be­ 4. Domestic 1 trade demand 120,000 66 Fiscal Period fore taking action upon the proposed 5. Foreign * trade demand 45.000 6. Desirable salable carryout Consideration is being given to the rule. The proposals contained in this (July 31, 1966)______26.000 following proposals submitted by the notice may be changed in the light of -7. Total requirements (Items 5 + 6 + 7 )...... 185,437 191,000 Idaho-Malheur County, Oregon Fresh comments received. All comments will be 8. Reserve (Item 3-Item 7)... 32.563 Prune Marketing Committee, established available, both before and after the clos­ 9. Adjustment for under­ ing date for comments, in the Rules estimation of production. 5,000 under the marketing agreement and Or­ 10. Adjusted reserve (Items der No. 925 (7 CFR Part 925), regulating Docket for examination by interested 8 + 9 )...... 37.563 the handling of fresh prunes grown in persons. designated counties in Idaho and in Mal­ The recent complete revision of the 1 United States, Canal Zone, Puerto Rico, Virgin heur County, Oregon, effective under training program requirements of FAR Islands, and Canada. 2 A ll countries other than those specified in footnote 1 the applicable provisions of the Agri­ Part 121 (Amendment 121-7 published in cultural Marketing Agreement Act of the F e d e r a l R e g is t e r on May 18, 1965, § 993.201 Salable and reserve percent­ 1937, as amended (7 U.S.C. 601-674), as 30 F.R. 6725) contained a requirement ages for dried prunes and handler re­ the agency to administer the terms and serve obligation for the 1965—66 crop that each approved training program year. provisions thereof: (1) That expenses must provide a specified number of hours that are reasonable and likely to be in­ of initial flight assignment for each pilot The salable and reserve percentages curred by the Idaho-Malheur County, in command, second in command, flight for the 1965-66 crop year shall be 80 per­ Oregon Fresh Prune Marketing Com­ engineer, aircraft dispatcher, and fligb cent and 20 percent, respectively. The mittee, during the period from July 1, reserve obligation of each handler shall 1965, through June 30, 1966, will amount attendant. In addition, § 121.414(c) (3) be a weight of natural condition prunes, to $5,690, and (2) that there be fixed, provides “The hours of initial flight as­ by variaties, equal to the sum of the re­ at $0.01 per one-half bushel or equiva­ signment set forth in' column V of ap­ sults of applying the reserve percentage lent quantity of prunes, the rate of pendix E may be reduced (not to excee of 20 percent to the natural condition assessment payable by each handler in 50 percent) for pilots and flight e 11531 Thursday, September 9, 1965 FEDERAL REGISTER (3) The hours of initial flight assign­ gineers by substituting one takeoff and For flight attendants and aircraft dis­ ment set forth in column V of appendix one landing for each required hour of patchers the adoption of this amendment would mean that in any event at least E may be reduced (not to exceed 50 flight.” : percent) by substituting one takeoff and The Agency has been requested to con­ 2i/2 hours of flight would be required one landing for each required hour of sider extending this authorization to air­ since the substitution of takeoffs and craft dispatchers and flight attendants. landings could not reduce the required flight. The Agency believes that the same rea­ hours by more than 50 percent. T h is amendment is proposed tinder the soning by which it originally adopted In consideration of the foregoing, it is authority of sections 313(a), 601, 604, this provision for pilots and flight en­ proposed to amend paragraph (c) (3) of and 605 of the Federal Aviation Act of gineers would justify extending It to § 121.414 to read as follows: 1958 (49 U.S.C. 1354, 1421, 1424, and dispatchers and flight attendants. 1425). Basically the justification for giving § 121.414 Curriculum requirements. credit for one hour of flight time for one ***** Issued in Washington, D.C., on Septem­ ber 2, 1965.' takeoff and one landing is the Agency’s (c) Reduction in programmed hours belief that in most situations the take­ initial fliQht training and initial flight C. W . W a lk e r , off and landing sequence provides as assignments. A reduction in the pro­ Acting Director, great an opportunity for training, learn­ Flight Standards Service. ing, and meaningful demonstrations of grammed hours of initial flight training skill as does one hour of routine in flight is permitted as follows: [F.R. Doc. 65-9473; Filed, Sept. 8, 1965; 8:45 a.m.J time. Notices

The available information was insuffi­ Secretary of Defense by 10 U.S.C. 2734 DEPARTMENT OF THE TREASURY cient to state the appropriate basis of (h) I designate all claims commissions Bureau of Customs comparison with foreign market value. appointed under subsection 2734(a) to Information now available discloses settle and pay claims covered by subsec­ [Antidumping—AA 643.3-H] that purchase price is the appropriate tion 2734(h). BULK, CRUDE, UNDRIED SOLAR SALT basis of comparison for fair value pur­ III. Implementation. A. Regulations poses. of each military department will provide FROM MEXICO This supplementary notice is published that all claims arising under 10 U.S.C. Antidumping Proceeding Notice pursuant to § 14.6(e) of the Customs 2733 and 2734 in a country or area for regulations 19 CFR 14.6(e)). which it has been assigned responsibility S e p t e m b e r 1,1965.. [ s e a l ] L e s t e r D. J o h n s o n , shall normally be settled and paid by On August 17, 1965, the Commissioner Commissioner of Customs. claims commissions or other claims set­ of Customs received information in tlement authorities appointed by, or by proper form pursuant to the provisions [F.R. Doc. 65-9519; Filed, Sept. 8, 1965; designee of, the Secretary of that mili­ 8:50 a.m.] of § 14.6(b) of the Customs regulations tary department in accordance with the indicating a possibility that bulk, crude, department’s regulations. undried solar salt imported from Mexico, Foreign Assets Control B. Two copies of such implementa­ manufactured by Cia Exportadora de tions shall be forwarded to the Assistant Sal, Baja California, Mexico, is being, IMPORTATION OF WOOLEN Secretary of Defense (International Se­ or likely to be, sold at less than fair value (BRAIDED) RUGS DIRECTLY FROM curity Affairs) within sixty (60) days. within the meaning of the Antidumping HONG KONG IV. Cancellations. References (a) and Act, 1921, as amended. (b) are hereby superseded and canceled. The salt under consideration is an in­ Available Certifications by Govern­ V. Effective date. This Directive is dustrial grade salt used in the chemical ment of Hong Kong effective immediately. industry. Notice is hereby given that certificates M a u r ic e W . R o c h e , Ordinarily, merchandise is considered Director, Correspondence and to be sold at less than fair value when of origin issued by the Department of Commerce and Industry of the Govern­ Directives Division OASD the net, f.o.b. factory price for exporta­ ment of Horig Kong under procedures (Administration). tion to the United States is less than the agreed upon between that Government net, f.o.b. factory price to purchasers in [F.R. Doc. 65-9497; Filed, Sept. 8, 1965; and the Foreign Assets Control are avail­ the home market, or, where appropriate, 8:46 a.m.] able with respect to the importation into to purchasers in other countries, after the United States directly, or on a due allowance is made, for differences in through bill of lading, from Hong Kong DEPARTMENT OF DEFENSE INDUS­ quantity and circumstances of sale. of the following additional commodity: A summary of the information re­ TRIAL DEFENSE PROGRAM ceived is as follows: Rugs, woolen (braided). The Deputy Secretary of Defense ap­ Home market sales were said to be [ s e a l ] M a r g a r e t W . S c h w a r t z , proved the following on June 26, 1965: nonexistent. The delivered price to Director, References: (a) Deputy Secretary of De­ third countries, netted back, to point of Office of Foreign Assets Control. fense multiple-addressee memorandum, “Re­ shipment, is substantially higher than assignment of Industrial Facilities Protec-_ the net, f.o.b. price to the United States [F.R. Doc. 65-9520; Filed, Sept. 8, 1965; tion Functions,” April 20, 1963 (hereby can­ 8:50 ajn .] purchaser. celed) . In order to establish the validity of the (b) DoD Directive 5220.20, “DoD Indus­ information, the Bureau of Customs is trial Defense Program,” July 18, 1956 (here­ by canceled). instituting an inquiry pursuant to the DEPARTMENT OF DEFENSE (c) DoD Instruction 5220.21, “DoD In­ provisions of § 14.6(d) (1) (ii), (2), and dustrial Defense Program,” June 28, I960 (3) of the Customs regulations. Office of the Secretary of Defense (hereby canceled). The information was submitted by (d ) Armed Forces Industrial Defense Reg­ Moran and Crowley, Washington, D.C., SETTLEMENT OF CLAIMS ulations (AR 580-20, NAVEXOS-P-1441 (Rev. on behalf of Leslie Salt Company, San Delegation of Authority 8-60), AFR 78-13), Revision No. 2, October Francisco, California, and Western Salt 1960. The Deputy Secretary of Defense ap­ (e) Internal Security Act of 1950, as Company, San Diego, California. amended (64 Stat. 992, 50 U.S.C. 784(b)). This notice is published pursuant to proved the following delegation of au­ § 14.6(d) (1) (i) of the Customs regula­ thority August 18,1965: I. Purpose. This Directive reassigns tions (19 CFR 1 4 .6 (d )(1 )(D ). R eferences: (a) DoD Directive 5515.3 sub­ industrial defense responsibilities, and ject as above, June 27, 1963 (hereby can­ delegates authority for carrying out the [ s e a l ] L e s t e r D. J o h n s o n , celed) . provisions of section 5(b) of the Internal Commissioner of Customs. (b) DoD Directive 5515.7, subject: Settle­Security Act of 1950, as amended. [FJR. Doc. 65-0518; Filed, Sept. 8, 1965; ment of Claims Arising from the Activities of H. Cancellation. A. References (a) 8:50 a.m.] Civilian Employees of the Department of De­ an d (b ) are superseded and cancelled fense, July 20, 1960 (hereby canceled). on the effective date of this Directive. I. Delegation of Authority. A. The [Antidumping—AA 643.3-W] B. Reference (c), including Report authority vested in the Secretary of De­ Control Symbol, D D -S & L (A ) 410, is can­ STEEL JACKS FROM CANADA fense by 10 U.S.C. 2734(a) and 2734(b) celled, effective August 1,1965. is delegated to the Secretaries of the C. Reference (d ), shall be cancelled Withholding of Appraisement Notice Army, Navy, and Air Force. by the Military Departments, effective S e p t e m b e r 2, 1965. B. When one military department hasAugust 1,1965. been or may be assigned responsibility III. Applicability. A. This Directive On May 8, 1965, a “Withholding of applies to the Military Departments, the Appraisement” notice was published in for claims in a particular country or area, Defense Supply Agency, and the National the F e d e r a l R e g is t e r , volume 30, No. 89, that department shall make all reim­ page 6445, with regard to steel jacks from bursements and payments under the Security Agency...... An Canada, manufactured by J. C. Hallman subject law. B. The provisions of this D irective do Manufacturing Co., Ltd., Waterloo, On­ II. Designation of Claims Commissions. not extend to government-owned an tario, Canada. By virtue of the authority vested in the operated command installations. 11532 Thursday, September 9, 1965 FEDERAL REGISTER 11533

IV. Definitions. A. “Industrial De­ established by the Joint Chiefs of Staff, sonnel Access Authorization Review Regula­ fense” means the safeguarding of in­ and determining for inclusion in the tion,” July 28, 1960. dustrial facilities from sabotage and “DoD Key Facilities List”, those indus­ I. Reissuance. This Directive updates other hostile or destructive acts through trial facilities which are of outstanding the Department of Defense Industrial the application of physical security importance to the support of military Security Program (D ISP) by realigning measures and emergency preparedness production programs or military and delineating responsibilities and measures. operations. functions connected with (1) the DoD 1. Physical security measures include 2. Administering the DoD Industrial Industrial Security Manual (DoDISM) civilian guard forces, perimeter barriers, Defense Program, including (a) the de­ and the DoD Industrial Security Regu­ protective lighting, intrusion alarms, velopment of physical security standards lation (DoD ISR ), and (2) security cog­ employee identification, visitor control, and procedures and (b) the conduct of nizance under the DISP. Reference (b) package control and other similar meas­ periodic, on site, industrial defense sur­ under the DISP remains unchanged. ures to prevent unauthorized entry, or veys of key industrial facilities in the Reference (a) and the Joint Regulation to control authorized entry. United States, for assessing their vulner­ AR 380-130/OPNAV Inst. 5540.8C/AFR- 2. Emergency preparedness measures ability to sabotage and other hostile or 205-4 and the Industrial Security Man­ include personnel shelters, continuity of destructive acts, and for providing guid­ ual, both dated December 31, 1962, au­ management, fire prevention, emergency ance and technical assistance to indus­ thorized thereunder, are superseded and repair, records protection and other trial management on countermeasures to cancelled. similar plans and measures to minimize prevent or minimize damage from such n . Applicability and scope. The pro­ the effects of enemy attack or natural acts. visions of this Directive apply to all DoD disaster on the operating capability of 3. Maintaining liaison with the Mili­ Components, and govern security rela­ industrial 'facilities. tary Department assigned responsibility tionships between DoD Components and B. “Industrial Facility” means any under the DoD Plant Cognizance Pro­ United States industry, including edu­ physical plant or structure used for gram, or with the Defense Supply cational and research institutions, lo­ manufacturing, producing, processing, Agency, regarding the industrial defense cated within the United States, its pos­ assembling, storing or distributing goods survey of facilities in which the De­ sessions, Trust Territories and Puerto or materials; or any physical plant or partment of Defense has a contractual Rico. structure used by a utility or service in­ interest. in. Definitions. A. Industrial Secu­ dustry for furnishing communications, B. The authority „to designate “de­ rity; That portion of internal United electric power, transportation, and water fense facilities” and to perform other States security which is concerned with supply. This term includes privately- functions assigned to the Secretary of the protection of classified information owned and operated plants or structures, Defense by section 5(b) of the Internal in the hands of industry. and, with the exception of command Security Act of 1950, as amended (50 B. Security Cognizance. Responsibil­ installations, it includes government- U.S.C. 784(b)), reference (e), is dele­ ity for implementation of the DISP for owned and operated plants, and govern­ gated to the Secretary of the Army. an individual United States industrial ment-owned plants which are contractor This authority may not be redelegated facility. operated. .below the level of an Assistant Secretary C. Contractor. Any industrial, educa­ C. “Command Installation” means of the Army. tional, commercial or other entity which any government-owned or leased facil­ C. The Secretaries of the Navy and has executed a contractor or a Depart­ ity operated by a Military Department Air Force and the Directors of the De­ ment of Defense Security Agreement or Agency of the Department of Defense, fense Supply Agency and National Se­ (DD Form 441) with a Department of the Atomic Energy Commission, the curity Agency, or their designees, shall Defense agency or activity, Coast Guard, or the Maritime Adminis­ determine, on a continuing basis, those IV. Program policies. Subject to the tration, which is used to accomplish an industrial facilities which are of out­ provisions of subsections A, B, and C, assigned strategic or tactical mission, to standing importance to the support of below, all DISP policies and procedures produce, process, assemble, store, or dis­ production or mobilization programs un­ issued by the Director, Defense Supply tribute military materiel, or to perform a der their cognizance, and shall recom­ Agency (DSA) (including specific re­ service pertaining to military operations. mend to the Department of the Army quirements, restrictions and other safe­ The term also includes any government- the inclusion of such facilities in the guards considered necessary to protect owned or leased facility operated by a “DoD Key Facilities List.” releases of DoD classified information to private contractor under the authority VII. Administration. A. The transfer United States industry, classified infor­ of the Atomic Energy Commission. of personnel spaces and other resources mation of other Executive Departments V. Policy, a . It is the policy of the to the Department of the Army from and agencies of the Government, intel­ Department of Defense to develop and other components of the Department of ligence and intelligence information promote industrial defense, to encourage Defense will be made in accordance with produced by members of the United industry to protect its facilities from established Department of Defense pro­ States Intelligence Board, and certain sabotage and other hostile or destruc­ cedures. tive acts, and to provide industrial man­ foreign classified information) will be in­ B. The Department of the Army is corporated in the following DoD Issu­ agement with advice and guidance con­ responsible for programming, budgeting, cerning the application of physical se­ ances: and financing the administration of the A. The DoD Industrial Security Regu­ curity and emergency preparedness DoD Industrial Defense Program. lation will contain policies and proce­ measures. VSII. Effective date. This Directive dures to be followed by DoD Components, B. In the administration of the DoD is effective immediately. The functions and those User Agencies which have industrial Defense Program primary in section VI. shall become operational agreed to participate in the DISP. mphasis shall be given to safeguarding August 1, 1965. ndustrial facilities important to na­ B. The DoD Industrial Security Man­ tional defense. M a u r ic e W. R o c h e , ual will (a) contain policies and proce­ : P ‘ Protection of property is an Chief, Correspondence and Di­ dures to be followed by industry in pro­ A« ere5 resPonsibility of ownership. rectives Division, OASD (Ad­ tecting classified information in its pos­ Accordingly, the Department of Defense ministration). session, and (b) be distributed to each fnrS+i10*' assHme Primary responsibility [F.R. Doc. 65-9498; Filed, Sept. 8, 1965; contractor executing DoD Form 441, “DD Physical security of privately- 8:46 a.m.] Security Agreement”. ed facilities, federally-owned facil- C. Guidance Letters from the Director, ues under the control of other Federal DEPARTMENT OF DEFENSE INDUS­ Defense Supply Agency, or his designee, will furnish advance instructions, guid­ uen^ 811(1 agencies, or facilities TRIAL SECURITY PROGRAM y any state or political subdivi­ ance, interpretations of security proce­ sion of any state. The Deputy Secretary of Defense ap­ dures and other information, as neces­ a Re^ on^ilities and authorities. proved the following on July 30, 1965 : sary. V. Responsibilities. A. The Assistant désismtoSeÎ r?Îary of Army, or his References: (a) DoD Instruction 5220.22, signée, shaH be responsible for: “Department of Defense Industrial Security Secretary of Defense (Manpower) shall c f j Æ & W * relative importance Program,” July 18, 1956 (hereby cancelled); provide overall policy guidance and ad­ striai facilities, under the criteria (b) DoD Directive 5220.6, “Industrial Per­ vice, as appropriate, to the Director, DSA 11534 NOTICES with respect to the DISP. In carrying a. the responsibilities of the Military Done at Washington, D.C., this 3d day out this responsibility, the A SD (M ) will: Departments for contracting officers, of September 1965. 1. Review the DoDISM, the DoDISR, b. the internal security policies and O r v il l e L . F r e e m a n , and Guidance Letters, and all proposed procedures of the Military Departments, Secretary. amendments to such issuances, for con­ and sistency with DoD security policy. c. the investigative or counterintelli­ [FJR. Doc. 65-9547; Filed, Sept. 8, 1965; 2. Upon request of other Government gence support furnished by the Military 8:56 am .] agencies agree, on behalf of the DoD, to Departments. apply the provisions of the DISP to con­ 3. Continue in effect security cognizant tractors of such agencies and to render assignments for defense contractor fa­ on a reimbursable basis industrial se­ cilities until the Director, DSA assumes, DEPARTMENT OF COMMERCE curity services required for the protection and furnishes notice of, such responsi­ Bureau of International Commerce bility, as set forth in subsection C., above. of classified information released by such [File No. 24-59] agencies to industry. The A SD (M ) will M a u r ic e W . R o c h e , keep the Director, DSA, currently in­ Chief, Correspondence and Di­ TRADE-ALL ENTERPRISES, LTD., AND formed of all such agreements and rectives Division, OASD (.Ad­ IRVING E. BORDO arrangements. ministration) . B. The Assistant Secretary of De­ Order Temporarily Denying Export fense (Installations and Logistics) shall [F.R. Doc. 65-9499; Filed, Sept. 8, 1965; Privileges 8:46 am .] review the DoDISM, and the DoDISR, In the matter of Trade-All Enter­ and Guidance Letters, and all amend­ prises, Limited, and Irving E. Bordo, ments to such issuances, for consistency President, Post Office Box 26, Station T, with DoD procurement policies. DEPARTMENT OF AGRICULTURE 1645 Bathurst Street, Toronto 19, On­ C. The Director, Defense Supply Agen­ tario, Canada, respondents; File No. 24- cy, or his designee, shall administer the Office of the Secretary 59. DoD Industrial Security Program. In MAINE, MISSOURI, AND TEXAS The Director, Investigations Division, this capacity, the Director, DSA, shall as­ Office of Export Control, Bureau of In­ sume security cognizance for all United Designation and Extension of Areas ternational Commerce, U.S. Department States industrial facilities under the for Emergency Loans of Commerce, pursuant to the provisions DISP, secure, on behalf of the DSA and of §382.11 of the Export Regulations the Military Departments, reimburse­ For the purpose of making emergency (Title 15, Chapter in, Subchapter B, ment for industrial security services loans pursuant to section 321 of the Con­ Code of Federal Regulations), has ap­ rendered other Government agencies, solidated Farmers Home Administration plied to the Compliance Commissioner pursuant to paragraph VA..2 above; and Act of 1961 (7 U.S.C. 1961), it has been for an order temporarily denying all 1. Develop and publish the DoDISM determined that in the hereinafter- export privileges to the above-named and the DoDISR, and amendments named counties in the States of Maine, respondents. It was requested that the thereto, as appropriate. Missouri and Texas natural disasters order remain in effect for a period of 2. Coordinate proposed amendments have caused a need for agricultural credit 30 days, pending continued investigation with DoD Components and User Agen­ not readily available from commercial into the facts and transactions giving cies, as appropriate. banks, cooperative lending agencies, or rise to the application and the com­ 3. Submit proposed amendments to other responsible sources. mencement of such proceedings as may ASD(M), ASDG&L) and ASD(PA) for Maine be deemed proper under the law against policy guidance on matters falling within Androscoggin. Oxford. said respondents. their respective areas of responsibility. Franklin. Piscataquis. The Compliance Commissioner has re­ 4. Publish the amendments in the Hancock. Sagadahoc. viewed the application and the evidence DoDISM and the DoDISR, following con­ Kennebec. Somerset. presented in support thereof and has sideration of such comments as are Knox. Waldo. submitted his report, together with ms submitted, consistent with guidance sub­ Lincoln. Washington. recommendation that the application be mitted by the A S D (M ), ASDG&L) and Missouri granted and that a temporary denial ASD(PA). Jackson. order be issued for 30 days. 5. Advise the A SD (M ) and the ASD Clay. The evidence and recommendation of (I&L) and the Secretaries of the Mili­ T exas the Compliance Commissioner have been tary Departments of the specific dates Brazoria. Hays. considered. -On the evidence presented when the Director, DSA, assumes secu­ Caldwell. Limestone. there is reasonable basis to believe that rity cognizance over defense contractor Delta. Montgomery. Trade-All Enterprises, Limited, is a facilities which have been under the Galveston. Canadian corporation with a place or security cognizance of the Military It has also been, determined that in the business in Toronto, Ontario, Canada, Departments. hereinafter-named counties in the State that it is engaged in the import-export 6. Keep the A S D (M ), ASDG&L) and of Maine the above-mentioned natural business; that Irving E. Bordo is Pre^ ' A SD (PA ) fully and currently informed dent of said firm and the official pri­ disasters have caused a continuing need of all significant matters pertaining to marily responsible for conducting t the DISP falling within their assigned for agricultural credit not readily avail­ affairs of said firm; that said Ann pa* areas of responsibility. able from commercial banks, cooperative chased from a U.S. manufacturer ^^ D. The Assistant Secretary of Defense lending agencies, or other responsible quantity of textile machinery parts; (Public Affairs) shall review those areas sources. it is the intention of the respondents w of the DoDISM, the DoDISR, and Guid­ Previous have said parts ultimately delivered. t ance Letters, and all amendments to such Maine designation a consignee in Cuba; that said parts w issuances, which involve the public re­ Cumberland______30 F.R. 653. York______30 F.R. 653. exported from the United States lease of information, for consistency with Trade-All in Canada; that the respond­ DoD public affairs policies. Pursuant to the authority set forth ents have reexported said parte 5n E. The Secretaries of the Military above, emergency loans will not be made Canada to an intermediate consignee Departments shall: in the above-named Maine and Missouri Glasgow, Scotland, with the *®ten 1. Provide investigative and counter­ counties after December 31, 1966, or in of having the goods on-shipped for intelligence support to the Industrial the above-named Texas counties after mate delivery to Cuba; and tha Security Program. exportation of said goods to Cuba 2. Assist, as appropriate, the DSA by June 30, 1966, except to applicants who in violation of the U.S. Export Regui developing and proposing changes to the previously received emergency or special DoDISM and the DoDISR in those areas livestock loan assistance and who can tions. In order to prevent the of interest that affect the Military De­ qualify under established policies and reexportation, transshipment, and oi _ partments, such as: procedures. sion of said goods, I find that an o Thursday, Septem ber 9, 1965 FEDERAL REGISTER 11535 denying export privileges to the respond­ V. No person, firm, corporation, part­ Notice is further given that any person ents is reasonably necessary for the pro­ nership or other business organization, other than the parties of record desir­ tection of the public interest and national whether in the United States or else­ ing to be heard in this proceeding shall security. where, without prior disclosure to a file with the Board on or before October Under the terms of this order, as more specific authorization from the Bureau of 18, 1965, a statement setting forth the fully set forth in paragraph V hereof, International Commerce, shall do any issues of fact or law raised by this pro­ all parties in the United States and else­ of the following acts, directly or indi­ ceeding which he desires to controvert. rectly, or carry on negotiations with where, without specific authorization Dated at Washington, D.C., September respect thereto, in any manner or ca­ from the Bureau of International Com­ 2,1965. merce, are prohibited from participating pacity, on behalf of or in any associa­ with respondents in any transaction- in­ tion with the respondents or any related [ s e a l ] E d w a r d T . S t o d o l a , volving the goods in question or involv­ party, or whereby the respondents or re­ Hearing Examiner. ing any other goods or technical data lated party may obtain any benefit [F.R. Doc. 65-9536; Filed, Sept. 8, 1965; exported or to be exported from the therefrom or have any interest or partic­ 8:54 a.m.] United States. Such participation in­ ipation therein, directly or indirectly : cludes buying, selling, delivering, storing, (a) Apply for, obtain, transfer, or use forwarding, transporting, and financing any license, Shipper’s Export Declara­ the particular exportation above-re­ tion, bill of lading, or other export con­ FEDERAL AVIATION AGENCY ferred to or any other exportation from trol document relating to any exporta­ the United States in which the respond­ tion, reexportation, transshipment, or AREA OFFICE AT DENVER, COLO. diversion of any commodity or technical ents have an interest. Notice of Opening Accordingly, it is hereby ordered: data exported or to be exported from the I. All outstanding validated export li­ United States, by, to, or for any such re­ Notice is hereby given that on October censes in which respondents appear or spondent or related party denied export 3, 1965, the Denver Area Office, Federal participate in any manner or capacity privileges; or (b) order, buy, receive, use, Aviation Agency, Western Region, will are hereby revoked and shall be returned sell, deliver, store, dispose of, forward, be opened. forthwith to the Bureau of International transport, finance, or otherwise service Establishment of this office is part of Commerce for cancellation. or participate in any exportation, reex­ the Agency’s plan for providing better II. The respondents, their assigns, portation, transshipment, or diversion of service to the aviation public by placing partners, representatives, agents, and any commodity or technical data ex­ the decision-making authority at the employees hereby are denied all privi­ ported or to be exported from the United lowest practicable level of organization. leges of participating, directly or indi­ States. The plan calls for establishment of rectly, in any manner or capacity, in any VI. A copy of this order shall be served area managers with comprehensive au­ transaction involving commodities or upon the respondents. thority in each of 18 area offices in the technical data exported from the United VII. In accordance with the provisions Agency’s five regions in the continental States in whole or in part, or to be ex­ of § 382.11(c) of the Export Regulations, United States. Lines of supervision will ported, or which are otherwise subject the respondents or any related party be from the regional director to the area to the Export Regulations. Without may move at any time to vacate or manager, to the area branch chiefs, to limitation of the generality of the fore­ modify this temporary denial order by the field activities. going, participation prohibited in any filing an appropriate motion therefor, The major operating programs with such transaction, either in the United supported by evidence, with the Com­ which the public is concerned are repre­ States or abroad, shall include partici­ pliance Commissioner and may request sented at the area offices. These pro­ pation, directly or indirectly, in any man­ an oral hearing thereon which, if re­ grams are: Air Traffic, Flight Standards, ner or capacity: (a) As a party or as quested, shall be held before the Compli­ Airway Facilities and Airports. a representative of a party to any vali­ ance Commissioner in Washington, D.C., The Denver Area Office, Federal Avia­ dated export license application; (b) in at the earliest convenient date. tion Agency, will serve the geographic the preparation or filing of any export li­ This order shall become effective forth­ area consisting of the states of Colorado cense application or reexportation au­ with. and Wyoming. Regional field offices and thorization, or any document to be sub­ Dated: September 1,1965; facilities in the area continue to serve mitted therewith; (c) in the obtaining as in the past. Submissions to, and con­ or using of any validated or general ex­ R a u e r H . M e y e r , tacts with such field elements remain port license or other export control Director, Office of Export Control. the same, except that functions and serv­ document; (d) in the carrying on of [F.R. Doc. 65-9508; Filed, Sept. 8, 1965; ices previously performed by the Airport negotiations with respect to, or in the 8:48 am .] District Office, the Installation and Ma­ receiving, ordering, buying, selling, de­ livering, storing, using, or disposing of teriel District Office, and the Systems any commodities or technical data in Maintenance District Office, all in Den­ whole or in part exported or to be ex­ CIVIL AERONAUTICS BOARD ver, Colo., are absorbed by the area office. ported from the United States; and (e) Requests or submissions previously di­ in the financing, forwarding, transport- [Docket No. 16165] rected to those district offices should be ing, or other servicing of such commodi­ EASTERN-LANSA AGREEMENT sent to the area manager. Communica­ ties or technical data. tions to the area office should be ad­ in. Such denial of export privileges Notice of Reassignment of Place of dressed as follows: snail extend not only to the respondents, Hearing out also to their agents and employees Area Manager, In the matter of the application of and to any successor and to any person, Federal Aviation Agency, Eastern Air Lines, Inc., for approval of 8055 East 32d Avenue, nrm, corporation, or business organiza- an agreement between Eastern and Stapleton Field, ion with which they now or hereafter Lineas Aereas Nacionales, S.A. Denver, Colo., 80207. . “e related by affiliation, ownership, Notice is hereby given, pursuant to the ontrol, position of responsibility, or The Federal Aviation Agency Orga­ osner connection in the conduct of trade provisions of the Federal Aviation Act nization Statement of March 10, 1965, of 1958, as amended, that a hearing in r services connected therewith. 30 FJt. 3395, will be amended to reflect the above-entitled proceeding assigned IV. This order shall take effect forth­ to be held on October 25, 1965, at 10 this action. with and shall remain in effect for a a.m., local time, in Room 726, Universal (Sec. 313(a), 72 Stat. 752, 49 U.S.C. 1354) Period of 30 days from the date hereof, Building, Connecticut and Florida Ave­ J o s e p h H . T ip p e t s , unless it is hereafter extended, amended, nues NW., Washington, D.C., is hereby Director, Western Region. ,, 0(™ e or vacated in accordance with reassigned to be held in Room 911 of ine provisions of the U.S. Export . said building on October 25, 1965, at 10 [F.R. Doc. 65-9474; Filed, Sept. 8, 1965; Regulations. a.m., before the undersigned examiner. 8:45 a.m.} 11536 NOTICES

AREA OFFICE AT LOS ANGELES, Federal Aviation Agency, Western Re­ The major operating programs with CALIF. gion, will be opened. which the public is concerned are repre­ Establishment of this office is part of sented at the area offices. These pro­ Notice of Opening the Agency’s plan for providing better grams are: Air Traffic, Flight Standards, service to the aviation public by placing Airway Facilities and Airports. Notice is hereby given that on October the decision-making authority at the The San Francisco Area Office, Federal 3, 1965, the Los Angeles Area Office, lowest practicable level or organization. Aviation Agency, will serve the geo­ Federal Aviation Agency, Western Re­ The plan calls for establishment of graphic area consisting of the following gion, will be opened. area managers with comprehensive au­ 48 counties of the State of California. Establishment of this office is part of thority in each of 18 area offices in the the Agency’s plan for providing better Alameda. Nevada. Agency’s five regions in the continental service to the aviation public by placing Alpine. Placer. United States. Lines of supervision will Amador. Plumas. the decision-making authority at the be from the regional director to the area Butte. Sacramento. lowest practicable level of organization. manager, to the area branch chiefs, to Calaveras. San Benito. The plan calls for establishment of the field activities. Colusa. San Francisco. area managers with comprehensive au­ Contra Costa. San Joaquin. The major operating programs with thority in each of 18 area offices in the Del Norte. San Luis Obispo. which the public is concerned are repre­ Agency’s five regions in the continental El Dorado. San Mateo. sented at the area Offices. These pro­ United States. Lines of supervision will Fresno. Santa Clara. grams are: Air Traffic, Flight Standards, Glenn. Santa Cruz. be from the regional director to the area Airway Facilities and Airports. Humboldt. Shasta. manager, to the area branch chiefs, to The Salt Lake City Area Office, Fed­ Kings. Sierra. the field activities. eral Aviation Agency, will serve the geo­ Lake. Siskiyou. The major operating programs with Lassen. graphic area consisting of the states of Solano. which the public is concerned are repre­ Madera. Sonoma. Idaho, Nevada, and Utah. Regional sented at the area offices. These pro­ Marin. Stanislaus. field offices and facilities in the area con­ grams are: Air Traffic, Flight Standards, Mariposa. Sutter. tinue to serve as in the past. Submis­ Airway Facilities and Airports. Mendocino. Tehama. sions to and contacts with such field Merced. Trinity. The Los Angeles Area Office, Federal elements remain the same, except that Modoc. Tulare. Aviation Agency, will serve the geo­ functions and services previously per­ Mono. Tuolumne. graphic area consisting of the State of formed by the Installation and Materiel Monterey. Yolo. Arizona and the following 10 counties Napa. Yuba. District Office, Salt Lake City, and the in the State of California: Systems Maintenance District Office, Regional field offices and facilities in Imperial. Riverside. Salt Lake City, are absorbed by the area the area continue to serve as in the past. Inyo. San Bernardino. office. Requests or submissions previ­ Submissions to, and contacts with such Kern. San Diego. field elements remain the same, except Los Angeles. Santa Barbara. ously directed to those district offices Orange. Ventura. should be sent to the area manager. Al­ that functions and services previously though the area office is responsible for' performed by the Airport District Office, Regional field offices and facilities in the airport and maintenance functions San Francisco (Burlingame), the In­ area continue to serve as in the past. throughout the area, the Airports Dis­ stallation and Materiel District Office, Submissions to, and contacts with such trict Office and the Systems Maintenance San Francisco (Burlingame), and the field elements remain the same, except District Office at Reno, Nev., will remain Systems Maintenance District Office, that functions and services previously open to provide local service. Communi­ Oakland (Hayward), Calif., are absorbed performed by the Airport District Office, cations to the area office should be ad­ by the area office. Requests or submis­ the Installation and Materiel District dressed as follows: sions previously directed to those district Office and the Systems Maintenance Area Manager, offices should be sent to the area man­ District Office, all in Los Angeles, Calif., Federal Aviation Agency, ager. Communications to the area office are absorbed by the area office. Re­ 116 North 23d West, should be addressed as follows: quests or submissions previously directed Salt Lake City, Utah, 84116. Area Manager, to those district offices should be sent to The Federal Aviation Agency Organi­ Federal Aviation Agency, the area manager. Although the area Post Office Box 8144 Airport Station, office is responsible for airport and zation Statement of March 10, 1965, 30 San Francisco, Calif, 94128. maintenance functions throughout the F.R. 3395, will be amended to reflect this action. The Federal Aviation Agency Organiza­ area, the Airports District Office, Phoe­ tion Statement of March 10, 1965, 30 nix, Ariz., the Systems Maintenance Dis­ (Sec. 313(a), 72 Stat. 752, 49 U.S.C. 1354) F.R. 3395, will be amended to reflect this trict Office, Phoenix, Ariz., and the Sys­ action. tems Maintenance District Office at J o s e ph H . T ip p e t s , Director, Western Region. Bakersfield, Calif., will remain open to (Sec. 313(a), 72 Stat. 752, 49 U.S.C. 1354) Doc. 65-9476; Filed, Sept. 8, 1965; provide local service. Communications Jo s e ph H . T ippets, 8:45 a.m.] to the area office should be addressed as Director, Western Region. follows: [F.R. Doc 65-9477;' Filed, Sept 8, 1965; Area Manager, AREA OFFICE AT SAN FRANCISCO, 8:45 ajn.] Federal Aviation Agency, Post Office Box 45018, CALIF. Los Angeles, Calif., 90045. Notice of Opening AREA OFFICE AT SEATTLE, The Federal Aviation Agency Organi­ Notice is hereby given that on Octo­ WASH. zation Statement of March 10, 1965, 30 ber 3, 1965, the San Francisco Area O f­ Notice of Opening F.R. 8395, will be amended to reflect this fice, Federal Aviation Agency, Western action. Region, will be opened. Notice is hereby given that on October (Sec. 313(a), 72 Stat. 752, 49 U.S.C. 1354) Establishment of this office is part of 3, 1965, the Seattle Area Office, Federal Aviation Agency, Western Region, will Jo s e p h H . T ip p e t s , the Agency’s plan for providing better Director, Western Region. service to the aviation public by placing be opened. the decision-making authority at the Establishment of this office is p a rt of [F.R. Doc. 65-9475; Filed, Sept. 8, 1965; the Agency’s plan for providing better 8:45 ajn.] lowest practicable level of organization. The plan calls for establishment of service to the aviation public by placing area managers with comprehensive au­ the decision-making authority at the AREA OFFICE AT SALT LAKE CITY, thority in each of 18 area offices in the lowest practicable level of organization. UTAH Agency’s five regions in the continental The plan calls for establishment of Notice of Opening United States. Lines of supervision will area managers with comprehensive au­ be from the regional director to the area thority in each of 18 area offices in tn Notice is hereby given that on October manager, to the area branch chiefs, to Agency’s five regions in the continental 3, 1965, the Salt Lake City Area Office, the field activities. United States. Lines of supervision wm Thursday, September 9, 1965 FEDERAL REGISTER 11537 be from the regional director to the area [Docket No. 15995; FCC 65M-1141] which American Radio-Telephone Serv­ ice, Inc. has acquired a 60-percent inter­ manager, to the area branch chiefs, to KENT-SUSSEX BROADCASTING CO. the field activities. est in Radio Phone Communications, The major operating programs with Order Continuing Hearing Inc.; and which the public is concerned are repre­ It further appearing, that simultane­ sented at the area offices. These pro­ In re application of H. M. Griffith, Jr. ously with the filing of the instant joint grams are: Air Traffic, Flight Standards, and C. V. Lundstedt, a partnership d/b motion for continuance American Radio- Airway Facilities and Airports. as The Kent-Sussex Broadcasting Co., Telephone Service, Inc., has filed a peti­ The Seattle Area Office, Federal Avi­ Docket No. 15995, File No. BR-2885; for tion requesting dismissal of its appli­ ation Agency, will serve the geographic renewal of license of Station WKSB, Mil­ cation and Radio Phone Communica­ area consisting of the states of Washing­ ford, Del. tions, Inc., has filed a petition for leave ton and Oregon. Regional field offices The Hearing Examiner having under to amend its application to reflect the and facilities in the area continue to consideration the Broadcast Bureau’s re­ change in ownership and for other relief; serve as in the past. Submissions to, quest for prehearing conference and ex­ and and contacts with such field elements tension of hearing date filed on Septem­ It further appearing, that counsel for remain the same, except that functions ber 1, 1965; the Common Carrier Bureau does not op­ and services previously performed by It appearing, that hearings in this pose the motion for continuance and the Airport District Office, the Installa­ proceeding are currently scheduled to consents to its immediate consideration; tion and Materiel District Office and the commence on September 8, 1965, at 10 and a good cause has been shown for Systems Maintenance District Office, all a.m., on the Drill Floor, State Armory, grant of the requested motion: of Seattle, Wash., are absorbed by the North Walnut Street, Milford, Del.; and It is, therefore, ordered, This 2d day area office. Requests or submissions It further appearing, that owing to of September 1965, that the joint mo­ previously directed to those district other commitments and personal obliga­ tion for continuance be, and the same is offices should be sent to the area man­ tions both the Broadcast Bureau and the hereby granted to the extent that the ager. Although the area office is re­ partners in the applicant request a slight present schedule o f hearing dates in sponsible for maintenance functions continuance of the hearing date and that this proceeding is continued to dates to throughout the area, the Systems Main­ the Hearing Examiner’s own schedule be fixed by subsequent order entered tenance District Office at Portland, will permit commencement of hearing on within 10 days after initial disposition Oregon, will remain open to provide September 13; and of both of the aforesaid currently pend­ local service. Communications to the It further appearing, that in view of ing petitions filed September 1, 1965. the consent of the parties and the im­ area office should be addressed as fol­ Released: September 3, 1965. lows: minence of tiie new scheduled date im­ mediate action on the request is required; Area Manager F ederal C ommunications Federal Aviation Agency It is ordered, This 2d day of September C o m m is s io n , FAA Buflding 1965, that the Broadcast Bureau’s request [ s e a l] ü B e n F . W a p l e , Boeing Field is granted; that the date of Septem­ Secretary. Seattle, Wash. 98108 ber 8 is converted from a hearing date [F.R. Doc. 05-9553; Filed, Sept. 8, 1965; The Federal Aviation Agency Orga­ to a further prehearing conference to be 8:58 ajn .] nization Statement of March 10, 1965, 30 held at 10 a.m. in the Commission’s of­ fices, Washington, D.C.; and that the F.R. 3395, will be amended to reflect this [Docket No. 14368 etc.; FCC 65M-1140] action. hearing will commence on September 13, 1965, at 10 a.m., in Milford, Del., at the SYRACUSE TELEVISION, INC., ET AL. (Sec. 313(a), 72 Stat. 752, 49 U.S.C. 1354) location hereinabove designated. J o s e ph H . T ip p e t s , Released: September 3, 1965. Order Continuing Hearing Director, Western Region. In re applications of Syracuse Tele­ F ederal C ommunications [F.R. Doc. 65-9478; Filed, Sept. 8, 1965; vision, Inc., Syracuse, N.Y., Docket No. C o m m is s io n , 8:46 a.m.] 14368, File No. BPCT—2924; W . R. G. [ s e a l ] B e n F . W a p l e , Secretary. Baker Radio and Television Corp., Syra­ cuse, N.Y., Docket No. 14369, File No. FEDERAL COMMUNICATIONS [F.R. Doc. 65-9552; Filed, Sept. 8r 1965; BPCT-2930; Onondaga Broadcasting, 8:58 a.m.) Inc., Syracuse, N.Y., Docket No. 14370, COMMISSION File No. BPCT-2931; W AGE, Inc., Syra­ [Docket Noe. 15303, 15304; FCC 65M-1143] [Docket Nos. 15981,15982; FCC 65M-1144] cuse, N.Y., Docket No. 14371, File No. BPCT-2932; Syracuse Civic Television CASCADE BROADCASTING CO. AND RADIO PHONE COMMUNICATIONS, Association, Inc., Syracuse, N.Y., Docket SUNSET BROADCASTING CO. INC., AND AMERICAN RADIO­ No. 14372, File No. BPQT-2933; Six Na­ (KNDX-FM) TELEPHONE SERVICE, INC. tions Television Corp., Syracuse, N.Y., Docket No. 14444, File No. BPCT-2957; Order Continuing Hearing Order Continuing Hearing Salt City Broadcasting Corp., Syracuse, In re applications of Cascade Broad­ In re applications of Radio Phone N.Y., Docket No. 14445, File No. B PC T - casting Co., Yakima, Wash., Docket No. Communications, Inc., Docket No. 15981, 2958; George P. Hollingbery, Syracuse, 15303, File No. BPH-4072; David Zander File No. 269-C2-P-64, for a construction N.Y., Docket No. 14446, File No. B P C T - nîrSÎfy ^r/as Sunset Broadcasting Co. permit to establish new facilities in the 2968; for construction permits for new ^KNDX-FM), Yakima, Wash., Docket Domestic Public Land Mobile Radio television broadcast stations: No. 15304, File No. BPH-4180; for con­ Service at Falls. Church, Va.; American The Hearing Examiner having under struction permits. Radio-Telephone Service, Inc., Docket consideration: (1) Letter dated August The Hearing Examiner having under No. 15982, File No. 1134-C2-P-64, for a 31, 1965, from counsel for applicant consideration the necessity for a change construction permit to modify the facili­ W . R. G. Baker Radio and Television 5 e hearing date because of conflicts Corp., requesting (a) that the deadline in nis own schedule: ties of station KGA248 in the Domestic Public Land Mobile Radio Service at for furnishing certain information to the «ordered,,This 2d day of Septem- Washington, D.C. other parties be extended to October 1; f J. ¿9l°“» that the hearing now scheduled The Hearing Examiner having under (b) that the deadline for exchanging 7 1965 mt>er 15 iS ° ° nttnued to October consideration a joint motion for con­ exhibits under issue Nos. 2 and 3 be ex­ tinuance filed by the above-captioned tended from September 13 to October 1; Released; September 3,1965. applicants on September 1,1965, request­ and (c) that the hearing presently F ederal C ommunications ing that the present hearing schedule be scheduled for October 4 (on issues 2 and C o m m is s io n , continued without date pending action 3) be rescheduled to October 18r and lsealI B e n F. W a p l e , upon other pleadings filed on September also consenting to the rescheduling of Secretary. 1, 1965,. in this proceeding; the hearing on issue No. 1 from Novem­ P'R' Doc- 65-9551; Filed, Sept. 8, 1965; It appearing, that the applicants here­ ber. 15 to November 29, 1965; and (2) 8:57 a.m.] in have signed an agreement pursuant to the Hearing Examiner’s Order After No. 174- -6 11538 NOTICES

Prehearing Conference, released July 12, Released: September 3, 1965. Commission for approval pursuant to 1965 (FCC 65M-909), which established section 15 of the Shipping Act, 1916, as F ederal C ommunications the procedural ground rules and fixed amended (39 Stat. 733, 75 Stat. 763, 46 C o m m is s io n , certain dates; U.S.C. 814). [ s e a l] B e n F . W a p le , It appearing, that the relief requested Secretary. Interested parties may inspect and ob­ is not unreasonable in view of the ap­ tain a copy of the agreement at the parent present inability of the moving [F.R. Doc. 65-9554; Filed, Sept. 8, 1965; Washington Office of the Federal Mari­ party to comply with requests made dur­ 8:58 a.m.] time Commission, 1321 H Street NW., ing the prehearing conference in this Room 609; or may inspect agreements at proceeding for the production of infor­ [Docket No. 16128; FCC 65M-1137] the offices of the District Managers, New mation its principals have supplied the York, N.Y., New Orleans, La., and San Attorney General of the State of New ULTRONIC SYSTEMS CORP. AND Francisco, Calif. Comments with ref­ York without his prior consent,1 which WESTERN UNION TELEGRAPH CO. erence to an agreement including a re­ consent cannot be obtained until some Order Continuing Prehearing quest for hearing, if desired, may be sub­ time after September 9, 1965; that the mitted to the Secretary, Federal Mari­ moving party has made a good faith Conference time Commission, Washington, D.C., effort to obtain the authorization of the Ultronic Systems Corp., complainant, 20573, within 20 days after publication Attorney General of the State of New v. The Western Union Telegraph Co., de­ of this notice in the F ederal R egister. A York on the production of the necessary fendant; Docket No. 16128. copy of any such statement should also information; and that the other parties Upon the informal request of counsel be forwarded to the party filing the to this proceeding, including the Com­ for Ultronic Systems Corp. and counsel’s agreement (as indicated hereinafter) mission’s Broadcast Bureau, have con­ statement that all other parties have and the comments should indicate that sented to the requested extensions, the consented thereto: this has been done. other applicants involved pointing out, It is ordered, This 2d day of September Notice of modification of conference however, that they would need 2 weeks 1965, that the prehearing conference now agreement filed for approval by: additional for preparation in the event scheduled for September 17,1965, is con­ Mr. J. R. Harper, Secretary, Australia, New the information is supplied by October 1 tinued to September 30, 1965, commenc­ Zealand, and South Sea Islands Pacific to meet their responsibilities in connec­ ing at 10 a.m. in the offices of the Coast Conference, Room 330, 635 Sacra­ tion with the phase of the hearing pres­ Commission at Washington, D.C. mento Street, San Francisco, Calif., 94111. ently scheduled for November 15 under issue No. 1; and that the moving party Released: September 3, 1965. Agreement 7580—5 among the member has, for its part, consented to reschedul­ lines of the Australia, New Zealand, and F ederal C ommunications South Sea Islands Pacific Coast Confer­ ing of the hearing under issue No. 1 to C o m m is s io n , commence November 29;a ence modifies the self-policing system of [ s e a l ] B e n F. W a p l e , the basic conference agreement to bring It is ordered, This 2d day of September Secretary, 1965, that the letter requests of applicant the same into full conformity with the .[F.R. Doc. 65-9555; Filed,-Sept. 8, 1965; Commission’s General Order No. 7. Baker are hereby granted; that Baker is 8:58 ajn .] requested to supply the information de­ Dated: September 3, 1965. sired by the other parties by no later than October 1, 1965 ; that the exhibits to be [Docket Nos. 15868, 15869; FCC 65M-1142] By order of the Federal Maritime Commission. exchanged under issue Nos. 2 and 3 shall WFLI, INC. (WFLI), AND NEWHOUSE be exchanged, with a copy of each to the F r a n c is C. H u r n e y , Hearing Examiner, by no later than BROADCASTING CORP. (WAPI) Special Assistant to the Secretary. October 1, 1965; that the hearing under Order Continuing Hearing [F.R. Doc. 65-9537; Filed, Sept. 8, 1965; issue Nos. 2 and 3 is rescheduled and 8:54 a.m.] shall commence at 10 a.m., Monday, In re applications of W FLI, Inc., October 18, 1965, at the Commission’s (W F L I), Lookout Mountain, Tenn., offices, Washington, D.C.; and that the Docket No. 15868, File No. BMP-8439; JAPAN-ATLANTIC AND GULF hearing on issue No. 1 is also rescheduled Newhouse Broadcasting Corp. (W A P I), FREIGHT CONFERENCE to commence at the same time and place, Birmingham, Ala., Docket No. 15869, File on Monday, November 29,1965; and No. BP-15259; for construction permits. Notice of Agreement Filed for It is ordered further, On the Hearing The Hearing Examiner having under Approval Examiner’s own motion, that the other consideration the necessity for a change Notice is hereby given that the follow­ parties will inform applicant Baker’s of the hearing date because of conflicts ing agreement has been, filed with tne counsel by not later than 1 week prior to in his own schedule: Commission for approval pursuant to the rescheduled date of the witnesses de­ It is ordered, This 2d day of September sired for cross-examination at the Octo­ 1965, that the hearing now scheduled for section 15 of the Shipping Act, 191«. as amended (39 Stat. 733, 75 Stat. 763, 4b ber 18 phase of the hearing; that the September 14 is continued to September other parties (including the Commis­ 24,1965. [J.S.C. 814). , . Interested parties may inspect ana sion’s Broadcast Bureau) will provide Released: September 3,1965. obtain a copy of the agreement at tn applicant Baker with the names of all Washington Office of the Federal Man­ F ederal C ommunications witnesses and the subject matter of the time Commission, 1321 H Street NW., C o m m is s io n , testimony of each such witness, under Room 609; or may inspect agreement issue 1, by October 29, 1965. [ s e a l ] B e n F . W a p l e , Secretary. at the offices of the District Managers, Mew York, N.Y., New Orleans, La., ana 1 It appears that Article 22, section 343 of [F.R. Doc. 65-9556; Filed, Sept. 8, 1965; San Francisco, Calif. Comments w the General Business Law of the State of 8:58 ajn .] reference to an agreement including New York makes it a criminal offense, pun­ ishable by fine or imprisonment, or both, for request for hearing, if desired, 5?«y , such information to be disclosed except by submitted to the Secretary, Federal direction of the State Attorney General. Maritime Commission, Washington, V- •> 3 In the event the authorization of the FEDERAL MARITIME COMMISSION 20573, within 20 days after publication New York Attorney General cannot be ob­ AUSTRALIA, NEW ZEALAND, AND 3f this notice in the F ederal R egister. tained, or further delay may eventuate in Baker’s effort to obtain his consent, Baker is SOUTH SEA ISLANDS PACIFIC A. copy of any such statement shorn directed to move for a further prehearing COAST CONFERENCE also be forwarded to the party fllinS_'i ® conference before the Examiner not later agreement (as indicated hereinafter than a week prior to October 1. The Exam­ Notice of Agreement Filed for and the comments should indicate tha iner presently contemplates that the hearing Approval wiU commence on October 18 notwithstand­ ;his has been done. . ing any obstacles, but believes that it might Notice is hereby given that the follow­ Notice of agreement filed for approva be fruitful to consider alternatives. ing agreement has been filed with the Thursday, Septem ber 9, 1965 FEDERAL REGISTER 11539

Mr. C. A. Cole, Chairman, Japan-Atlantlc and TRANS-PACIFIC FREIGHT Section 44(d) of the Shipping Act, Gulf Freight Conference, Kindai Building, CONFERENCE OF JAPAN 1916 (46 U.S.C. 1245) provides that 11, 3-Chome Kyobashi, Chuo-ku, Tokyo, licenses may, after notice and hearing, Japan. Notice of Agreement Filed for be suspended or revoked for wilful fail­ Agreement 3103-30 between the mem­ Approval ure to comply with any provision of the bers of the Japan-Atlantic and Gulf Act, or with any lawful rule of the Com­ Notice is hereby given that the follow­ Freight Conference modifies the basic mission promulgated thereunder. ing agreement has been filed with the agreement of that conference (Agree­ Therefore, it is ordered, That Export Commission for approval pursuant to ment 3103, as amended) to limit the Packing & Crating Co., Inc. on or before section 15 of the Shipping Act, 1916, amount of compensation payable to September 14, 1965, either (1) submit as amended (39 Stat. 733, 75 Stat. 763, freight forwarders to an amount fixed a valid bond effective on or before Sep­ by resolution of the conference, for such 46 U.S.C. 814). tember 20, 1965, or (2) show cause in services as freight computation and Interested parties may inspect and ob­ writing or request a hearing to be held preparation of copies of bills of lading. tain a copy of the agreement at the at 10 a.m. on September 16, 1965, in Washington Office of the Federal Mari­ Room 505, Federal Maritime Commis­ Dated: September 3, 1965. time Commission, 1321 H Street NW., sion, 1321 H Street NW., Washington, By order of the Federal Maritime Room 609; or may inspect agreements at D.C., 20573, to show cause why its li­ Commission. the offices of the District Managers, New cense should not be suspended or re­ F r a n c is C. H u r n e y , York, N.Y., New Orleans, La., and San voked pursuant to section 44(d), Ship­ Special Assistant to Secretary. Francisco, Calif. Comments with refer­ ping Act, 1916. ence to an agreement including a request It is further ordered, That the Director, [F.R. Doc. 65-9538; Filed, Sept. 8, 1965; for hearing, if desired, may be submitted 8:54 a.m.] Bureau of Domestic Regulation, forth­ to the Secretary, Federal Maritime Com­ with revoke License No. 573, if the li­ mission, Washington, D.C., 20573, with­ censee fails to comply with this order. SEA-LAND SERVICE, INC., AND in 20 days after publication of this no­ It is further ordered, That a copy of JACKSONVILLE PORT AUTHORITY tice in the F ederal R eg ist e r . A copy this order to show cause and all subse­ of any such statement should also be quent orders in this matter be served Notice of Agreement Filed for forwarded to the party filing the agree­ upon the licensee and be published in ment (as indicated hereinafter) and the Approval the F ederal R eg ister . comments should indicate that this has Notice is hereby given that the fol­ been done. By the Commission. lowing agreement has been filed with Notice of agreement filed for approval [ s e a l ] F r a n c is C. H u r n e y , the Commission for approval pursuant by: Special Assistant to the Secretary. to section 15 of the Shipping Act, 1916, D. P. Gillette, Chairman, Trans-Pacific as amended (39 Stat. 733, 75 Stat. 763, [F.R. Doc. 65-9541; Filed, Sept. 8, 1965; Freight Conference of* Japan, Kindai 8:55 a.m.] 46 U.S.C. 814). Building, 11, 3-Chome Kyobashi, Chuo-ku, Interested parties may inspect and ob­ Tokyo, Japan. tain a copy of the agreement at the STRAITS/NEW YORK CONFERENCE Washington Office of the Federal Mari­ Agreement 150-33 between the mem­ time Commission, 1321 H Street NW., bers of the Trans-Pacific Freight Con­ Notice of Petition Filed for Approval Room 301; or may inspect agreements at ference of Japan modifies the basic the offices of the District Managers, New agreement of that conference (Agree­ Notice is hereby given that the fol­ York, N.Y., New Orleans, La., and San ment 150, as amended) to limit the lowing petition has been filed with the Francisco, Calif. Comments with refer­ amount of compensation which members Commission for approval pursuant to ence to an agreement including a request may pay to freight forwarders to an section 14b of the Shipping Act, 1916, as for hearing, if desired, may be submitted amount fixed by resolution of the con­ amended (75 Stat. 762, 46 U.S.C. 814). to the Secretary, Federal Maritime Com­ ference, for such services as freight com­ Interested parties may inspect a copy mission, Washington, D.C., 20573, within putation and preparation of copies of of the current contract form and of the 20 days after publication of this notice bills of lading. petition, reflecting the changes proposed to be made in the language of said con­ in the F ederal R eg ister . A copy of any Dated: September 3,1965. such statement should also be forwarded tract, at the Washington office of the to the party filing the agreement (as in­ By order of the Federal Maritime Federal Maritime Commission, 1321 H dicated hereinafter), and the comments Commission. % Street NW., Room 301; or at the offices of should indicate that this has been done. F r a n c is C. H u r n e y , the District Managers, New York, N.Y., Notice of agreement filed for approval Special Assistant to Secretary. New Orleans, La., and San Francisco, by: [F.R. Doc. 65-9540; Filed, Sept. 8, 1965; Calif. Comments with reference to the 8:55 a.m.] proposed changes and the petition, in­ Sea-Land Service, Inc., Post Office Box 1050, Elizabeth, N.J. cluding a request for hearing, if desired, may be submitted to the Secretary, Fed­ Agreement No. T - l 757-1 between the [ Independent Ocean Freight Forwarder eral Maritime Commission, Washington, License 573 ] Jacksonville Port Authority (Port) and D.C., 20573, within 20 days after publi­ oea-Land Service, Inc. (Sea-Land) EXPORT PACKING & CRATING CO., cation of this notice in the F ederal R eg ­ modifies the basic agreement which pro- INC. is t e r . A copy of any such statement vides for the 25-year lease to Sea-Land should also be forwarded to the party hi n^uParce^s of lan{*> including a wharf, Order To Show Cause filing the petition (as indicated herein­ after), and the comments should indi­ H * and marshalling area, plus On August 19, 1965, the New Hamp­ uuding improvements and a special cate that this has been done. shire Insurance Co. notified the Com­ Notice of application to reinstate a Project. The purpose of the modi- mission that the surety bond filed pur­ cation is to provide for expansion of the contract rate system and to modify the suant to-section 44(c), Shipping Act, area and for the construction of form of an exclusive patronage contract ^ ta in additional facilities, and to 1916 (46 U.S.C. 1245), by Export Pack­ filed by: ing & Crating Co., Inc., First Avenue na_ “ le financing and rental provi­ Elkan Turk, Jr., Esq., Burlingham Under­ sions therefor. and 51st Street, Brooklyn, N.Y., 11232, wood Barron Wright & White, 26 Broad­ would be cancelled effective September Dated: Septembers, 1965. way, New York, N.Y., 10004. 20,1965. There has been filed on behalf of the Section 44(c) of the Shipping Act, Commission Fe<*eral Maritime Straits/New York Conference (Agree­ 1916 (46 U.S.C. 1245) and § 510.5(f) of ment No. 6010) a request for permission „ ' . F r a n c is C. H u r n e y , General Order 4 (46 CFR 510.5(f) ) pro­ to reinstate the conference dual rate sys­ special Assistant to the Secretary. vide that no license shall remain in tem, which was terminated on July 4, tPR- Doc- 65-9539; Filed, Sept. 8, 1965; force unless such forwarder shall have 1964. The conference also desires to 8:55 a.m.] furnished abond. make certain language changes in the 11540 NOTICES form of Its dual rate contract as ap­ souri Beef Packers, Inc., located at or proved under Docket No. 1052 in the Dual INTERSTATE COMMERCE near Phelps City, Mo., as an off-route Rate Cases decision. point in connection with applicant’s au­ thorized regular route operations be­ Dated: September 3, 1965. COMMISSION tween Kansas City, Mo., and Omaha, By order of the Federal Maritime [Notice 814] Nebr., over U.S. Highways 71, 275, and 375. N ote: If a hearing is deemed neces­ Commission. MOTOR CARRIER, BROKER, WATER F r a n c is C . H u r n e y , ; sary, applicant requests it be held at Special Assistant to the Secretary. CARRIER AND FREIGHT FOR­ Kansas City, M o . [F.R. Doc. 65-9542; FUed, Sept. 8. 1965; WARDER APPLICATIONS No. MC 217 (Sub-No. 8), filed August 8:55 a.m.] 23, .1965. Applicant: POINT TRANS­ S e p t e m b e r 3, 1965. FER, INC., 174 Sandy Creek Road, Ve­ The following applications are gov­ rona, Pa., 15147. Applicant’s represent­ TRANS-PACIFIC FREIGHT CONFER­ erned by Special Rule 1.2471 of the Com­ ative: Paul F. Beery, 100 East Broad ENCE OF JAPAN AND JAPAN- mission’s general rules of practice (49 Street, Columbus, Ohio, 43215. Author­ ATLANTIC & GULF FREIGHT CON­ CFR 1.247), published in the F e d e r a l ity sought to operate as a common car­ R e g is t e r , issue of December 3, 1963, ef­ rier, by motor vehicle, over irregular FERENCE fective January 1,1964. These rules pro-' routes, transporting: Building, paving or Notice of Petition Filed for Approval vide, among other things, that a protest roofing materials, between Medina, Ohio, to the granting of an application must be on the one hand, and, on the other, Notice is hereby given that the follow­ filed with the Commission within 30 days points in that part of New York on and ing petition has been filed with the Com­ after date of notice of filing of the appli­ west of U.S. Highway 15 and points in mission for approval .pursuant to section cation is published in the F e d e r a l R e g is ­ that part of Pennsylvania bounded by 14b of the Shipping Act, 1916, as amend­ t e r . Failure seasonably to file a protest a line beginning at the New York-Penn- ed (75 Stat. 762, 46 U.S.C. 814). will be construed as a waiver of opposi­ sylvania State line and extending along Interested parties may inspect a copy tion and participation in the proceeding. U.S. Highway 15 to junction U.S. High­ of the current contract form and of the A protest under these rules should com­ way 220, thence west along U.S. Highway petition, reflecting the changes proposed ply with § 1.40 of the general rules of 220 to junction U.S. Highway 22, thence to be made in the language of said con­ practice which requires that it set forth west along U S . Highway 22 to junction tract, at the Washington Office of the specifically the grounds upon which it is U.S. Highway 422, thence west along U.S. Federal Maritime Commission, 1321 H made and specify with particularity the Highway 422 to the Pennsylvania-Ohio Street NW., Room 301; or at the offices facts, matters, and things relied upon, State line. N ote : If a hearing is deemed of the District Managers, New York, but shall not include issues or allegations necessary, applicant requests it be held N.Y., New Orleans, La., and San Fran­ phrased generally. Protests not in rea­ at Washington, D.C. cisco, Calif. Comments with reference sonable compliance with the require­ No. MC 1827 (Sub-No. 48), filed Au­ to the proposed changes and the petition, ments of the rules may be rejected. The gust 23, 1965. Applicant: K. W. McKEE, including a request for hearing, if de­ original and six (6) copies of the protest INCORPORATED, 2811 Highway 55, St. sired, may be submitted to the Secretary, shall be filed with the Commission, and Paul, Minn. Applicant’s representative: Federal Maritime Commission, Washing­ a copy shall be served concurrently upon Robert Elliott, Jr., W-1462 First Na­ ton, D.C., 20573, within 20 days after applicant’s representative, or applicant if tional Bank Building, St. Paul 1, Minn. publication of this notice in the F e d e r a l no representative is named. If the pro­ Authority sought to operate as a con­ R e g is t e r . A copy of any such statement test includes a request for oral hearing, tract carrier, by motor vehicle, over should also be forwarded to the party such request shall meet the requirements irregular routes, transporting: Auto­ filing the petition (as indicated herein­ of section 1.247(d) (4) of the special rule. mobiles, trucks and parts, and attach­ after), and the comments should indi­ Subsequent assignment of these proceed­ ments therefor when moving in the same cate that this has been done. ings for oral hearing, if any, will be by vehicle therewith, in secondary move­ Notice of application to modify ex­ Commission order which will be served ments, in driveaway service, from clusive patronage (dual rate) contracts on each party of record. Fargo, N. Dak., to points in North Da­ filed by: The publications hereinafter set forth kota, South Dakota, and Wyoming, and Elkan Turk, Jr., Esq., Burllngham Under- reflect the scope of the applications as damaged, defective and returned auto­ Wood Barron Wright & White, 26 Broad­ filed by applicants, and may include de­ mobiles, and trucks, on return, limited way, New York, N.Y., 10004. scriptions, restrictions, , or limitations to a transportation service to be per­ which are not in a form acceptable to the There has been filed on behalf of the formed under a continuing contract or Commission. Authority which ulti­ Japan-Atlantic & Gulf Freight Confer­ contracts with Ford Motor Co. of Dear­ mately may be granted as a result of the ence (Agreement No. 3103) and the born, Mich. N ote: If a hearing is applications here noticed will not neces­ Trans-Pacific Conference of Japan deemed necesary, applicant requests it (Agreement No. 150) a petition for per­ sarily reflect the phraseology set forth in be held at Minneapolis, Minn. mission to make language changes in the the application as filed, but also will No. MC 3252 (Sub-No. 34), filed Au­ form of dual rate contract approved for eliminate any restrictions which are not gust 23, 1965. ' Applicant: PAUL E. use by these conferences under the Com­ acceptable to the Commission. MERRILL, doing business as MERRILL mission’s Order served October 30, 1964, No. MC 200 (Sub-No. 207), filed August TRANSPORT CO., 1037 Forest Avenue, Docket Nos. 1078 and 1080. 27, 1965. Applicant: RISS & COMPANY, Portland, Maine. Applicant’s represent­ To date the conferences, have not in­ INC., Temple Building, 903 Grand Ave­ ative: Francis E. Barrett, Jr., 182 Forbes stituted their authorized dual rate sys­ nue; Kansas City, Mo., 64106. Appli­ Building, Forbes Road, Braintree, Mass., tems, and they contend that the re­ cant’s representative: Ivan E. Moody, 02184. Authority sought to operate as quested language changes are necessary 1111 Scarritt Building, Kansas City, Mo. a "common carrier, by motor vehicle, over irregular routes, transporting. to render the contract form adequate to Authority sought to operate as a common Aviation fuel, in bulk in tank vehicles, restore and maintain stability in their carrier, by motor vehicle, over regular from Boston, Mass., to Errol, N.H. respective trades from Japan to North routes, transporting: Meats, meat prod- N ote: If a hearing is deemed necessary, America. nets, meat byproducts, and articles dis­ applicant requests it be held at New Dated: September 3, 1965. tributed by meat packinghouses (except York, N.Y. hides and commodities in bulk, in tank No. MC 3252 (Sub-No. 35) , filed Au­ By order of the Federal Maritime vehicles), serving the plantsite of Mis- gust 23, 1965. Applicant: P A U L * - Commission. MERRILL, doing business as MERRILL , F r a n c is C . H u r n e y , TRANSPORT CO., 1037 Forest Avenue, Special Assistant to the Secretary. 1 Copies of Special Buie 1.247 can be ob­ tained by writing to the Secretary, Interstate Portland, Maine. Applicant’s represent­ [FJR. Doc. 65-9543; FUed, Sept. 8, 1965; Commerce Commission, Washington, D.C., ative : Francis E. Barrett, Jr., 182 Forbe 8:55 aju .] 20423. Building, Forbes Road, Braintree, Mass., Thursday, September 9, 1965 FEDERAL REGISTER 11541

02184. Authority sought to operate as a is deemed necessary, applicant requests Cleveland, Lorain, Zanesville, Cambridge, common carrier, by motor vehicle, over it be held in Washington, D.C. Mansfield, Cincinnati, Middletown, and irregular routes, transporting: Lime, in No. MC 30844 (Sub-No. 188) (Amend­ Portsmouth, Ohio, (d) Buffalo, N.Y., (e) bulk, from Adams, Mass., to points in ment) , filed July 2, 1965, published points in Lackawanna and Hamburg Maine (except those in Aroostook Federal R egister issue of July 29, 1965, Townships of Erie County, N.Y., (f) County). N ote: If a hearing is deemed amended August 27, 1965 and repub­ Monroe, Detroit, and Gibralter, Mich., necessary, applicant requests it be held lished as amended this issue. Applicant: (g) points in Sterling Township of Ma­ at New York, N.Y. KROBUN REFRIGERATED XPRESS, comb County, Mich., (h) points in Rom­ No. MC 8989 (Sub-No. 206), filed Au­ m e . , 2125 Commercial Street, Waterloo, ulus Township of Wayne County, Mich., gust 25, 1965. Applicant: HOW ARD Iowa.* Applicant’s representative: Tru­ and (i) points in Kentucky and West SOBER, INC., 2400 West St. Joseph man A. Stockton, Jr., 1650 Grant Street Virginia within five (5) miles of the Ohio Street, Lansing, Mich., 48904. Appli­ Building, Denver 3, Colo. Authority River. N ote: If a hearing is deemed cant’s representative: Albert F. Beasley, sought to operate as a common carrier, necessary, applicant requests it be held 1019 Investment Building, Washington, by motor vehicle, over irregular routes, at Pittsburgh, Pa. D.C., 20005. Authority sought to operate transporting: Frozen foods from Brad- No. MC 41116 (Sub-No. 24), filed Au­ as a common carrier, by motor vehicle, dock, Lake City, and Saltsburg, Pa., to gust 23, 1965. Applicant: FOGLEMAN over irregular routes, transporting: points in Illinois, Indiana, Iowa, Minne­ TRUCK LINE, INC., Post Office Box 603, Motor vehicles and chassis, in initial sota, Missouri, and Wisconsin. N ote: Crowley, La. Applicant’s representa­ movements, in truckaway and in drive- The purpose of this republication is to tive: Austin L. Hatchell, Suite 1102, away service and bodies, cabs, and parts add Saltsburg, Pa., as an origin point. Perry-Brooks Building, Austin 1, Tex. of and accessories for such vehicles, when If a hearing is deemed necessary, appli­ Authority sought to operate as a contract moving in connection therewith, from cant requests it be held at Pittsburgh, carrier, by motor vehicle, over irregular Hayward, Calif., to points in the United Pa. routes, transporting: Canned, packaged, States (including Alaska but excluding No. MC 31389 (Sub-No. 74), filed Au­ preserved, and prepared foodstuffs ( not Hawaii). N ote: If a hearing is deemed gust 24, 1965. Applicant: McLEAN frozen), between points in Alabama, necessary, applicant requests it be held TR UCK ING COMPANY, a corporation, Arkansas, Louisiana, Mississippi, and at Washington, D.C. Post Office Box 213, Winston-Salem, N.C. Texas. N ote: Applicant states the pro­ No. MC 10115 (Sub-No. 9), filed August Applicant’s representative: Francis W. posed service to be performed under a 27, 1965. Applicant: C. D. ZIMMER­ Melnemy, 1000 16th Street NW., Wash­ continuing contract with Fraering Bro­ MAN, INC., Rural Delivery No. 2, M if- ington, D.C., 20036. Authority sought to kerage Co., Inc., of New Orleans, La. flintown, Pa. Applicant’s representa­ operate as a common carrier, by motor It is further noted that applicant has tive: John M. Musselman, 400 North vehicle, over regular routes, transport­ common carrier authority under MC Third Street, Post Office Box 46, Harris­ ing: General commodities, serving those 123993 and subs thereunder, therefore burg, Pa., 17108. Authority sought to points in Kentucky within 5 miles of dual operations may be involved. If a operate as a common carrier, by motor Uniontown, Ky., and those points in hearing is deemed necessary, applicant vehicle, over irregular routes, transport­ Indiana within an area bounded by a requests it be held at New Orleans, La. ing: Materials and supplies used in the line beginning at the Ulinois-Indiana No. MC 41951 (Sub-No. 4), filed Au­ installation of refractory products, when State line and extending along Indiana gust 23, 1965. Applicant: W HEATLEY transported in mixed shipments with re­ Highway 62 to Mount Vernon, Ind., TRUCKING, INC., Cambridge, Md. Ap­ fractory products previously authorized, thence along the Ohio River to the W a ­ plicant’s representative: M. Bruce Mor­ from Mount Union, Pa., to points in bash River and thence along the Wabash gan, 201 Azar Building, Glen Bumie, Md. Delaware, Maryland, Ohio, Virginia, River to point of beginning, as off-route Authority sought to operate as a com­ West Virginia, the District of Columbia, points in connection with applicant’s mon carrier, by motor vehicle, over ir­ points in New York (except those in that authorized regular-route operations be­ regular routes, transporting: Foodstuffs part of New York east of the Hudson tween Uniontown, Ky., and Mount Vern­ (except frozen foods, and except in bulk, River and south of U.S. Highway 202 on, Ind. N ote: If a hearing is deemed in tank vehicles), from Cambridge, Md., Mid those in Long Island west of New necessary, applicant requests it be held to points in Connecticut, Delaware, York Highway 112, including New York, at Washington, D.C. Maryland, New Jersey, New York, Penn­ N.Y.), and points hi New Jersey (except No. MC 31600 (Sub-No. 597), filed Au­ sylvania, North Carolina, and those those in Bergen, Passaic, Essex, Hudson, gust 23, 1965. Applicant: P. B. M UTRIE points in Virginia on and east of U.S. Union, Middlesex, Morris, Hunterdon, MOTOR TRANSPORTATION, INC., Highway 1. N ote: If a hearing is Somerset, and Warren Counties, N.J.). Calvary Street, Waltham, Mass., 02154. deemed necessary, applicant requests it Note: If a hearing is deemed necessary, Applicant’s representative: Harry C. be held at Washington, D.C. applicant requests it be held at Harris­ Ames, Jr., Transportation Building, No. MC 44913 (Sub-No. 7), filed Au­ burg, pa. Washington, D.C., 20006. Authority gust 26, 1965. Applicant: E. ROSCOE No. MC 14702 (Sub-No. 12), filed Au- sought to operate as a common carrier, WILLEY, Cambridge, Md. Applicant’s 1965. Applicant: OHIO FAST by motor vehicle, over irregular routes, representative: M. Bruce Morgan, 201 FREIGHT, me., Post Office Box 808, transporting: Lime, in bulk, from Adams, Azar Building, Glen Burnie, Md., 21061. warren, Ohio. Applicant’s representa­ Mass., to points in Maine (except those Authority sought to operate as a com­ tive: Paul F, Beery, 100 East Broad in Aroostook County and Rum ford). mon carrier, by motor vehicle, over irreg­ street, Columbus, Ohio, 43215. Author- N ote: If a hearing is deemed necessary, ular routes, transporting: Foodstuffs (ex­ y sought to operate as a common car— applicant requests it be held in New York, cept frozen and except in bulk, in tank * nao^or vehicle, over irregular N.Y. vehicles), from Cambridge, Md., to nnii ’ transporting : Building, paving, No. MC 38383 (Sub-No. 17), filed Au­ Greensboro, Raleigh, and Wilmington, na roofing materials, between Medina, gust 26, 1965. Applicant: THE GLENN N.C., Washington, D.C., points in that oio, on the one hand, and, on the other, CARTAGE COMPANY, a corporation, part of New York on and south of New |n lllal parl New York on and 1115 South State Street, Girard, Ohio. York Highway 7, points in Massachu­ west of a line beginning at Rochester, Applicant’s representative: Taylor C. setts, Rhode Island, Connecticut, New ai™ extending along U.S. High- Bumeson, 3430 LeVeque-Lincoln Tower, Jersey, Delaware, Maryland, that part of wav on juncliori Alternate U.S. High-. 50 West Broad Street, Columbus, Ohio, Pennsylvania on and east of a line begin­ TT

York State line and points in Virginia points in Buck Township, Hardin Coun­ over U.S. Highway 11; (4) between Dal­ on and east of U.S, Highway 1. N o t e : ty, Ohio, to points in the United States ton, Ga., and Memphis, Tenn., from Dal­ If a hearing is deemed necessary, appli­ including Alaska and Hawaii. N o t e : I f ton over U.S. Highway 41 to junction cant requests it be held at Washington, a hearing is deemed necessary, applicant U.S. Highway 72, thence over U.S. High­ D.C. requests it be held at Washington, D.C. way 72 to junction UB. Highway 72A, No. MC 51312 (Sub-No. 9), filed August No. MC 52953 (Sub-No. 31) (Amend­ thence over U.S.* Highway 72 and 72A 25, 1965. Applicant: BOWLING GREEN ment) filed July 28, 1965, published in to Memphis, and return over the same TRANSFER, INC., 530 South Maple F ederal R egister issue of August 19, route; (5) between Savannah, Ga., and Street, Bowling Green, Ohio. Appli­ 1965, amended August 31, 1965, and re­ New Orleans, La., from Savannah over cant’s representative: Earl 4- Thomas, published as amended this issue. Ap­ U.S. Highway 80 to junction U.S. High­ Post Office Drawer 70, 5844r-5866 North plicant: ET&WNC TRANSPORTATION way 61. High Street, Worthington, Ohio, 43085. COMPANY, a corporation, 132 Legion Thence over U.S. Highway 61 to New Authority sought to operate as a common Street, Johnson City, Tenn. Authority Orleans, and return over the same route; carrier, by motor vehicle, over irregular sought to operate as a common carrier, (6) between Chattanooga, Tenn., and routes, transporting: (1) Truck bodies by motor vehicle, over regular routes, Moss Point, Miss., from Chattanooga over (other than dump) and parts thereof transporting: General commodities U.S. Highway 27 to junction U.S. High­ moving in connection therewith, in ini­ (except those of unusual value, classes way 29, thence over U.S. Highway 29 to tial movements, by truckaway method, A and B explosives, household goods as junction U.S. Highway 31, thence over from Bowling Green, Ohio, to points in defined by the Commission, commodi­ U.S. Highway 31 to junction U.S. High­ Indiana, Illinois, Wisconsin, Kentucky, ties in bulk, commodities requiring spe­ way 90, thence over U.S. Highway 90 to West Virginia, Michigan, Pennsylvania, cial equipment and those injurious or junction Mississippi Highway 63, thence New Jefrsey, New York, and Ohio; (2) contaminating to other lading), between over Mississippi Highway 63 to Moss parts and materials used in the manu­ Florence, Ala., and junction U.S. High­ Point, and return over the same route; facture of truck bodies (other than ways 72 and 64 near South Pittsburg, (7) between Adel, Ga., and Memphis, dum p), from points in the above specified Tenn.; (a) from Florence over U.S. Tenn., from Adel over Georgia Highway destination States, to Bowling Green, Highway 72 to junction U.S. Highway 37 to junction Georgia Highway 133, Ohio; and (3) truck bodies (other than 64 near South Pittsburg, Tenn., and re­ thence over Georgia Highway 133 to dumptruck bodies, truck bodies designed turn over the same route, serving all junction U.S. Highway 82, thence over for the transportation of dry cement, in intermediate points and serving those U.S. Highway 82 to junction Georgia bulk), and repair or replacement parts off-route points within 10 miles of Highway 55, thence over Georgia High­ thereof, from Bowling Green, Ohio, to Huntsville, Decatur and Scottsboro, way 55 to junction U.S. Highway 280, points in Colorado, Florida, Georgia, Ala.; and (b) from Florence over U.S. thence over U.S. Highway 280 to junc­ Iowa, Kansas, Nebraska, North Carolina, Highway 72 to junction Alternate U.S. tion U.S. Highway 431, thence over U.S. Highway 431 to junction U.S. Highway Tennessee, and Virginia. N o t e : If a Highway 72, thence ovfer Alternate U.S. hearing is deemed necessary, applicant Highway 72 to junction U.S. Highway 72, thence over U.S. Highway 72 to Mem­ requests it be held at Columbus, Ohio.' 72, thence over U.S. Highway 72 to phis, and return over the same route; (8) between Atlanta, Ga., and Vicksburg, No. MC 52458 (Sub-No. 203), filed Au­ junction U.S. Highway 64 near South Miss., from Atlanta over U.S. Highway gust 30, 1965. Applicant: T. I. MC­ Pittsburg, Tenn., and return over the 78 to junction U.S. Highway 11, thence CORMACK TR U CK ING CO., INC., U.S. same route, serving all intermediate over U.S. Highway 11 to junction Ü.S. Route 9 at Green Street, Woodbridge, points and serving those off-route points Highway 82, thence over U.S. Highway N.J., 07095. Applicant’s representative: within 10 miles of Huntsville, Decatur, 82 to junction U.S. Highway 61, thence Chester A. Zyblut, 1000 Connecticut Ave­ and Scottsboro, Ala, N o t e : The pur­ over U.S. Highway 61 to Vicksburg, and nue NW., Washington, D.C., 20036. Au­ pose of this republication is to add the return over the same route, serving the thority sought to operate as a common off-route points specified above. off-route point of Greeneville, Miss.; (9) carrier, by motor vehicle, over irregular Common control may be involved. If a between Mobile, Ala., and Corinth, Miss., routes, transporting: Soda ash, in bulk, hearing is deemed necessary, applicant over U.S. Highway 45; (10) between in tank or hopper type vehicles, from the requests it be held at Chattanooga, Florence, Ala., and New Orleans, La., plantsite of Allied Chemical Corp., at or Tenn. No. MC 58923 (Sub-No. 34), filed Au­ from Florence over U.S. Highway 72 to near Solvay, N.Y., to the plantsite of junction Mississippi Highway 25. American Agricultural Chemical Co., at gust 18, 1965. Applicant: GEORGIA Thence over Mississippi Highway 25 or near Carteret, N.J. N o t e : If a hear­ H IG H W A Y EXPRESS, INC., 2090 Jones­ to junction U.S. Highway 78, thence over ing is deemed necessary, applicant re­ boro Road SE., Atlanta, Ga., 30315. Au­ U.S. Highway 78 to junction U.S. High­ quests it be held at Washington, D.C. thority sought to operate as a common way 45, thence over U.S. Highway 45 to No. MC 52657 (Sub-No. 640), filed Au­ carrier, by motor vehicle, over regular junction U.S. Highway 45W, thence over gust 30, 1965. Applicant: ARCO AUTO routes, transporting: General commodi­ U.S. Highway 45W to junction Missis­ CARRIERS, INC., 2140 West 79th Street, ties (except those of unusual value, sippi Highway 8, thence over Mississippi Chicago, 111., 60620. Applicant’s rep­ classes A and B explosives, household Highway 8 to junction U.S. Highway 51, resentative: A. J. Bieberstein, 121 West goods as defined by the Commission, thence over U.S. Highway 51 to New Or­ Doty Street, Madison, Wis., 53703. Au­ commodities in bulk, commodities re­ leans, and return over the same rout*. thority sought to operate as a common quiring special equipment, and those in­ (11) between Dothan, Ala., and Wash' carrier, by motor vehicle, over irregular jurious or contaminating to other lad­ ington, Miss., from Dothan over u. • routes, transporting: (A ) Bodies, hoists, ing) ; (1) between Savannah, Ga., and Highway 84 to junction Alabama Hig • lift gates, and containers, except con­ New Orleans, La., from Savannah over way 12, thence over Alabama Hignw y tainers having a capacity of 5 gallons or U.S. Highway 17 to junction U.S. High­ 12 to junction Ü.S. Highway 84, thence less or having a capacity of 9 cubic feet way 82, thence over U.S. Highway 82 to pver U.S. Highway 84 to Washington. or less from points in Buck Township, junction U.S. Highway 84, thence over Miss., and return over the same rou > Hardin County, Ohio, to points in the U.S. Highway 84 to junction U.S. High­ (12) between Brunswick, Ga., and Mem­ United States including Alaska and way 29, thence over U.S. Highway 29 to junction U.S. Highway 31, thence over phis, Tenn.; from Brunswick over Hawaii; (B) trailers, trailer chassis, ex­ . Highway 84 to junction U.S. Highway cept trailers designed to be drawn by pas­ U.S. Highway 31 to junction U.S. High­ 82, thence over U.S. Highway 82 to j senger automobiles, in initial movements, way 90, thence over U.S. Highway 90 to New Orleans, and return over the tion Georgia Highway 62, thence in truckaway service from points in Buck Georgia Highway 62 to Georgia-^ab Township, Hardin County, Ohio, to same route; (2) between Savannah, Ga., State line, thence over Alabama Hig points in the United States including and Memphis, Tenn., from Savannah 52 to junction U.S. Highway 84, thenc Alaska and Hawaii; and (C) materials, over U.S. Highway 80 to junction U.S. supplies and parts used in the manufac­ Highway 280, thence over U.S. Highway over U.S. Highway 84 to junction w- • ture, assembly and servicing of the com­ 280 to junction U.S. Highway 78, thence Highway 49, thence over U.S. Highway modities described in paragraphs A and over U.S. Highway 78 to Memphis, and to junction U.S. Highway 49W, thenc B above when moving in mixed loads return over the same route; (3) between over UJS. Highway 49 and 49W to jun_ with any of such commodities, from Knoxville, Tenn., and New Orleans, La., tion U.S. Highway 61 (also over u. • Thursday, Septem ber 9, 1965 FEDERAL REGISTER 11543

Highway 82 to junction U.S. Highway Georgia Highway 18 to junction Georgia No. MC 61264 (Sub-No. 20), filed 61), thence over Ü.S. Highway 61 to Highway 109, thence over Georgia High­ August 23, 1965. Applicant: PILOT Memphis, and return over the same way 109 to junction U.S. Highway 29, FREIGHT CARRIERS, INC., Post Office route, (13) between Brunswick, Ga., and thence over U.S. Highway 29 to junction Box 615, Winston-Salem, N.C., 27102. Memphis, Tenn.; from Brunswick over Alabama Highway 14, thence over Applicant’s representative: Keith Y. U.S. Highway 341 to junction U.S. High­ Alabama Highway 14 to junction Ala­ Sharpe, Post Office Box 615, Winston- way 80, thence over U.S. Highway 80 to bama Highway 22, thence over Alabama Salem, N.C., 27102. Authority sought to junction U.S. Highway 82, thence over Highway 22 to junction Alabama High­ operate as a common carrier, by motor U.S. Highway 82 to junction U.S. High­ way 5, thence over Alabama 5 to junction vehicle, over irregular routes, transport­ way 51, thence over U.S. Highway 51 to U.S. Highway 43, thence over U.S. High­ ing: (1) Paper, pulpboard, plywood, and Memphis and return over the same route, way 43 to junction U.S. Highway 84, materials and supplies used in the manu­ (14) between Brunswick, Ga., and Cor­ thence over U.S. Highway 84 to junction facture of paper, pulpboard, and ply­ inth, Miss.; from Brunswick over U.S. Mississippi Highway 57, thence over wood between Plymouth, N.C., on the Highway 17 to junction U.S. Highway 82. Mississippi Highway 57 to junction U.S. one hand, and, on the other points in Thence over U.S. Highway 82 .to junc­ Highway 98, thence over U.S. Highway Connecticut, Delaware, Georgia, Mary­ tion U.S. Highway 25, thence over U.S. 98 to junction Mississippi Highway 24. land, Massachusetts, Ohio, Pennsyl­ Highway 25 to junction Georgia High­ Thence over Mississippi Highway 24 to vania, Rhode Island, and the District of way 23, thence over Georgia Highway 23 Woodville and return over the same Columbia, (2) plywood and ^materials to junction U.S. Highway 280, thence over route, (20) between Mobile, Ala., and and supplies used in the manufacture of U.S. Highway 280 to junction U.S. High­ Walnut, Miss.; from Mobile over U.S. plywood between Jacksonville, N.C., on way 31, thence over U.S. Highway 31 to Highway 98 to junction U.S. Highway 49, the one hand, and, on the other, junction U.S. Highway 72A, thence over thence over U.S. Highway 49 to junction points in Connecticut, Delaware, Georgia, U.S. Highway 72A to junction U.S. High­ Mississippi Highway 35, thence over Mis­ Maryland, Massachusetts, Ohio, Penn­ way 72, thence over U.S. Highway 72 to sissippi Highway 35 to junction Missis­ sylvania, Rhode Island, and the District Corinth, and return over the same route, sippi Highway 12, thence over Mississippi of Columbia. N o t e : If a hearing is (15) between Atlanta, Ga., and Clarks- Highway 12 to junction Mississippi High­ deemed necessary, applicant requests dale, Miss.; from Atlanta over U.S. way 15, thence over Mississippi Highway it be held at Washington, D.C. Highway 278 to junction U.S. Highway 15 to Walnut and return over the same No. MC 61403 (Sub-No. 138), filed 78, thence over U.S. Highway 78 to junc­ route, (21) between Brunswick, Ga., and August 25, 1965. Applicant: THE MA­ tion Mississippi Highway 6, thence over Baton Rouge, La.; from Brunswick over SON AND DIXON TANK LINES, INC., Mississippi Highway 6 to Clarksdale, U.S. Highway 341 to junction Georgia Eastman Road, Post Office Box 47, Miss., and return over the same route, Highway 32, thence over Georgia High-* Kingsport, Tenn. Applicant’s repre­ (16) between Moultrie, Ga., and Clarks­ way 32 to junction U.S. Highway 319, sentative: W. C. Mitchell, 140 Cedar dale, Miss.; from Moultrie over Georgia thence over U.S. Highway 319 to junc­ Street, New York 6, N.Y. Authority Highway 37 to the Georgia-Alabama tion U.S. Highway 82, thence over U.S. sought to operate as a common carrier, State line, thence over Alabama Highway Highway 82 to junction Georgia Highway by motor vehicle, over irregular routes, 10 to junction Alabama Highway 28, 62, thence over Georgia Highway 62 to transporting: Chemicals, vegetable oils, thence over Alabama Highway 28 to Georgia-Alabama State line, thence over vegetable oil products, naval stores, and junction U.S. Highway 80, thence over Alabama Highway 52 to junction U.S. naval store products, in bulk, in tank U.S. Highway 80 to junction Mississippi Highway 84, thence over U.S. Highway vehicles, from Hattiesburg, Miss., to Highway 19, thence over Mississippi 84 to junction Mississippi Highway 63, points in Alabama, Arkansas, Florida, Highway 19 to junction Mississippi High­ thence over Mississippi Highway 63 to Georgia, Louisiana, North Carolina, way 12, thence over Mississippi Highway junction Mississippi Highway 26, thence Oklahoma, South Carolina, Tennessee, 12 to junction U.S. Highway 49E, thence over Mississippi Highway 26 to Missis- and Texas. N o t e : If a hearing is over U.S. Highway 49E to junction U.S. sippi-Louisiana State line, thence over deemed necessary, applicant requests it Highway 49, thence over U.S. Highway Louisiana Highway 21 to junction U.S. be held at New Orleans, La. 49 to Clarksdale and return over the Highway 190, thence over U.S. Highway No. MC 61788 (Sub-No. 23), filed Au­ route, (17) between Knoxville, 190 to Baton Rouge, and return over the gust 23, 1965. Applicant: GEORGIA Tenn., and Pascagoula, Miss.; from same route, (22) between Athens, Tenn., FLORIDA ALABAMA TRANSPORTA­ Knoxville over U.S. Highway 129 to junc­ and Meridian, Miss. ; from Athens over TIO N COMPANY, a corporation, 110 tion U.S. Highway 411, thence over U.S. U.S. Highway 11 to junction U.S. High­ Speigner Street, Dothan, Ala. Appli­ S^hway 411 to junction U.S. Highway way 41, thence over U.S. Highway 41 to cant’s representative: W . G. Hardwick, j>4, thence over U.S. Highway 64 to junc­ junction U.S. Highway 72, thence over Lena and Adams Streets, Dothan, Ala. tion U.S. Highway 11, thence over U.S. U.S. Highway 72 to junction Alabama Authority sought to operate as a com­ Highway 11 to junction Alabama High­ Highway 79, thence over Alabama High­ mon carrier, by motor vehicle, over regu­ way 5. way 79 to junction Alabama Highway 69, lar routes, transporting: General com­ over Alabama Highway 5 thence over Alabama Highway 69 to modities (except those of unusual value, junction U.S. Highway 43, thence o\ junction U.S. Highway 11, thence over Classes A and B explosives, household Highway 43 to junction U.S. Higl U.S. Highway 11 to Meridian, and return goods as defined by the Commission, way 90, thence over U.S. Highway 90 over the same route, (23) between Car- commodities in bulk, and those requiring S ag?ula and return over the san tersville, Ga., and New Orleans, La. ; from special equipment), serving Cedar route, (18) between Valdosta, Ga., ar Cartersville over U.S. Highway 41 to Springs, Ga., and points within a ten ^oiumbus, Miss.; (a) from Valdosta ov junction U.S. Highway 411, thence over (10) mile radius thereof, as off-route 84 to junction U.S. Higl U.S.-'Highway 411 to junction U.S. High­ points in connection with applicant’s Ji” 1' thence over U.S. Highway 2311 way 78, thence over U.S. Highway 78 to authorized regular route operations. junction U.S. Highway 82, thence ovi junction U.S. Highway 31, thence over N o t e : If a hearing is deemed neces­ tt) J, Highway 82 to junction Alabarr U.S. Highway 31 to junction U.S. High­ sary, applicant requests it be held at 14, thence over Alabama Higl way 90, thence over U.S. Highway 90 to Dothan, Ala. y 1 4 Alabama-Mississippi State lin New Orleans and return over the same No. MC 65812 (Sub-No. 8), filed Au­ S m K ° Ver Mississippi Highway 69 1 route, (24) between Florence, Ala., and gust 25, 1965. Applicant: BUCKLEY and return over the san Pascagoula, Miss.; from Florence, Ala., MOTOR EXPRESS, INC., Corner Broad wiiioJ* *rom Valdosta over U.S. Higl over U.S. Highway 43 to junction U.S. and High Streets, Carthage, N.Y. Appli­ twL?4 to Junction Georgia Highway 3 Highway 90, thence over U.S. Highway cant’s representative: Herbert M. Canter, tion n ° Ver-Georgia Highway 33 to jun< 90 to Pascagoula, Miss., and return over Mezzanine, Warren Parking Center, 345 o £ r ^ ° ^ - la Highway 133, thence ov. the same route. N o t e : Applicant states South Warren Street, Syracuse, N.Y., h E highway 133 to junction U.i it will serve all intermediate points on 13202. Authority sought to operate as a 82tir-on 82u thence over U.S. Highws the above specified routes (1-24). If a common carrier, by motor vehicle, over route n o f i ^ and return over the san hearing is deemed necessary, applicant irregular routes, transporting: General WoodvSfi^ ! * tween Barnesville, Ga., ar requests it be held at Atlanta, Ga., or commodities (except those of unusual die, Miss.; from Barnesville ov< Jacksonville, Miss. value, classes A and B explosives, live- 11544 NOTICES

stock, household goods as defined by the Ky., and the plantsite of the Princeton sentative: William J. Hirsch, 45 Niagara Commission, commodities in bulk, and Co. at or near Princeton, Ky.; from Hop­ Street, Buffalo, N.Y„ 14202, Authority those requiring special equipment), (1) kinsville over U.S. Highway 68 to Cadiz, sought to operate as a common carrier, between points in Erie County, N.Y., on Ky., thence over Kentucky Highway 139 by motor vehicle, over irregular routes, the one hand, and, on the other, points to junction Kentucky Highway 126, transporting: (1) Granite, granite in Jefferson and Lewis Counties, N.Y., thence over Kentucky Highway 126 to monuments, marble and marble monu­ (2) from points in St. Lawrence County, junction Kentucky Highway 128, and ments, in truckload shipments only, N.Y., to points in Erie County, N.Y., and thence over Kentucky Highway 128 to from points in Rutland and Washington (3) from points in Erie County, N.Y., the site of the Princeton Co. plant, and Counties, Vt., to points in that part of to points in Clinton and Franklin Coun­ return over the same route, serving aU New York on and west of a line begin­ ties, N.Y. N o t e : Applicant states that intermediate points located on U.S. ning at Oswego, N.Y., and. extending if this application is approved, it intends Highway 68. N o t e : If a hearing is along New York Highway 57 to junction to tack the authority sought herein with deemed necessary, applicant requests it U.S. Highway 11 at Syracuse, N.Y., that presently held by it in Certificate be held at Louisville, Ky. thence along U.S. Highway 11 to the No. MC 65812 wherein it is authorized No. MC 80428 (Sub-No. 51), filed Au­ New York-Pennsylvania State line and to serve points in New York, Pennsylva­ gust 23, 1965. Applicant: McBRIDE returned shipments, m i return; and (2) nia, New Jersey, Massachusetts, New TRANSPORTATION, INC., Main Street, abrasives, from Niagara Falls, Tona- Hampshire, and Vermont. Applicant Goshen, N.Y. Applicant’s representa­ wanda, and the town of Hamburg, N.Y., further states no duplicative authority is tive: Martin Werner, 2 West 45th Street, to points in Caledonia, Orange, Rutland, sought and if this application is ap­ New York 36, N.Y. Authority sought to and Washington Counties, Vt., and re-. proved, its application in MC 65817 (Sub- operate as a common carrier, by motor turned shipments„ on return. N ote: No. 7) which is directly related to M C - vehicle, over irregular routes, transport­ Applicant states that no duplicating F-8937, presently pending and not finally ing: Dry feed, dry feed ingredients, and authority is sought. If a hearing is determined, will be withdrawn. If a dry feed additives, from Huron, Ohio, to deemed necessary, applicant requests it hearing is deemed necessary, applicant points in Hancock, Brooke, Ohio, and be held at Buffalo, N.Y. requests it be held at Syracuse, N.Y. Marshall Counties, W . Va., Allegany and No. MC 95540 (Sub-No. 649), filed Au­ No. MC 74361 (Sub-No. 5), filed Au­ Garrett Counties, Md., and points- in gust 22, 1965. Applicant: WATKINS gust 26, 1965. Applicant: BOB M END­ Pennsylvania on and west of U.S. High­ MOTOR LINES, INC., Albany Highway, ENHALL, doing business as FORT way 15, and returned, refused and re­ Thomasville, Ga. Authority sought to SMITH-SALLISAW TRANSFER, 1211 jected shipments, on return. N o te : If a operate as a common carrier, by motor South 9th Street, Fort Smith, Ark. Ap­ hearing is deemed necessary, applicant vehicle, over irregular routes, transport­ plicant’s representative: A. Bob Jordan, requests it be held at Buffalo, N.Y., or ing; Clay, in containers, (1) from points % Jini Jones, 204 North Elm Street, Sal- Washington, D.C. in Pulaski County, 111., to points in Ala­ lisaw, Okla., 74955. Authority sought to No. MC 83539 (Sub-No. 156), filed Au­ bama, Arkansas, Colorado, Connecticut, operate as a common carrier, by motor gust 20, 1965. Applicant: C&H TRANS­ Delaware, Florida, Georgia, Illinois, In­ vehicle over regular routes, transporting: PORTATION CO., INC., 1935 West Com­ diana, Iowa, Kansas, Kentucky, Louisi­ General commodities (except those of merce Street, Post Office Box 5976, ana, Maryland, Massachusetts, Michi­ unusual value, Classes A and B explosives, Dallas, Tex., 75222. Applicant’s repre- gan, Minnesota, Mississippi, Missouri, household goods, as defined by the Com­ entative: W . T. Brunson, 419 Northwest Nebraska, New Jersey, New York, North mission, commodities in bulk, and those Sixth Street, Oklahoma City, Okla. Au­ Carolina, North Dakota, Ohio, Okla­ requiring special equipment), (1) from thority sought to operate as a common homa, Pennsylvania, Rhode Island; Checotah, Okla., to Prague, Okla.; from carrier, by motor vehicle, over irregular South Carolina, South Dakota, Ten­ Checotah over U.S. Highway 266 to Hen- routes, transporting: Plywood, from nessee, Texas, Virginia, West Virginia, ryetta, Okla., thence over UJS. Highway Corona, Calif., Libby, Mont., and points Wisconsin, and the District of Columbia, 62 to Prague, and return over the same in Idaho, Oregon, Washington, and that and (2) from Paris, Tenn., to points in route, (2) between Eufaula, Okla., and part of California on and north of a Connecticut, Kentucky, Michigan, North junction U.S. Highways 62 and 75 west line beginning at Santa Cruz, Calif., and Dakota, and Rhode Island. Note: Com­ of Henryetta, Okla.; from Eufaula over extending along California Highway 17 mon control may be involved. If a hear­ Oklahoma Highway 9 to Wetumka, Okla., to junction unnumbered highway (for­ ing is deemed necessary, applicant re­ thence over U.S. Highway 75 to junction merly California Highway 17), thence quests it be held at Chicago, HI. U.S. Highway 62, and return over the along unnumbered highway through No. MC 95540 (Sub-No. 650), filed Au­ same route, (3) from Sallisaw, Okla., Milpitas, Calif., to junction California gust 30, 1965. Applicant: WATKINS over U S . Highway 59 to Robert S. Kerr Highway 21, thence along California MOTOR LINES, INC., Albany Highway, lock and dam, and return over the same Highway 21 to Dublin, Calif., thence Thomasville, Ga. Authority sought to route, and (4) from Gore, Okla., to Web­ along U.S. Highway 50 to junction un­ operate as a common carrier, by motor bers Falls lock and dam; from Gore over numbered highway (formerly U.S. High­ vehicle, over irregular routes, transport­ Oklahoma Highway 10 to junction Fed­ way 50), thence along unnumbered ing: Meats, meat products, meat byprod­ eral Project Access Road, and thence highway through Livermore, Calif., to ucts, and articles distributed by nieat over Federal Project Access Road to junction U.S. Highway 50, thence along packinghouses, as described in sections Webbers Falls lock and dam, and return U.S. Highway 50 to junction unnum­ A and C, appendix I, in Descriptions in over the same route, serving all interme­ bered highway (formerly U.S. High­ Motor Carrier Certificates, 61 M.C.C. 209 diate points in (1) through (4) above. way 50), thence along unnumbered high­ and 766 (except hides and commodities in bulk, in tank vehicles), from Worth­ N ote: If a hearing is deemed necessary, way ^through Folsom, Calif., to junc­ applicant requests it be held at Okla­ tion U.S. Highway 50, thence along U.S. ington and Mankato, Minn., to points m homa City, Okla. Highway 50 to junction unnumbered Alabama, Connecticut, Delaware, Flor­ No. MC 76436 (Sub-No. 26), filed Au­ highway (formerly U.S4»Highway 50), ida, Georgia, Louisiana, Maryland, Mas­ gust 18, 1965,. Applicant: SKAGGS thence along unnumbered highway sachusetts, Mississippi, New Jersey, New York, North Carolina, Pennsylvania, TRANSFER, INC., 2400 Ralph Avenue, through Camino, Calif., to junction U.S. Louisyille, Ky. Applicant’s representa­ Highway 50, thence along U.S. Highway Rhode Island, South Carolina, Tennes­ see; Virginia, and the District of Co­ tive: Rudy Yessin, Sixth Floor, McClure 50 to the California-Nevada State line, lumbia. N o t e : Common control may be Building, Frankfort, Ky., 40601. Au­ to points in Arkansas, Iowa, Kansas, thority sought to operate as a common Louisiana, Minnesota, Missouri, Nebras­ involved. Applicant states no dupli­ carrier, by motor vehicle, over regular ka, North Dakota, Oklahoma, South cating authority is requested. If a keaf" routes, transporting: General commodi­ Dakota, and Texas. N o te : If a hearing ing is deemed necessary, applicant; di ties (except household goods as defined is deemed necessary, applicant requests not specify any particular area. by the Commission, articles of unusual it be held at Portland, Oreg. No. MC 103051 (Sub-No. 194), Sh® value, commodities in bulk, commodities No. MC 84420 (Sub-No. 7), filed August August 23, 1965. Applicant: FLjEf^. injurious or contaminating to other lad­ 25, 1965. Applicant: L. & F. GRANITE TRANSPORT COMPANY, INC., 3 « ing, and commodities which require spe­ HAULING CO.,; INC., 42 Maywood Ave­ Armour Drive N E ., Atlanta, Ga., 3632 '. cial equipment), between Hopkinsville, nue, Hamburg, N.Y. Applicant’s repre­ Applicant’s representative: R. J. Thursday, Septem ber 9, 1965 FEDERAL REGISTER 11545

olds, Jr., Suite 403-411, Healey Building, Ind. Applicant’s representative: Thomas connection with the transportation of Atlanta, Ga., 30303. Authority sought F. Kilroy, Federal Bar Building, 1815 such buildings, component parts thereof to operate as a common carrier, by motor H Street NW., Washington, D.C., 20006. and equipment and materials incidental vehicle, over irregular routes, transport­ Authority sought to operate as a common to the erection and completion of such ing: Petoleum and petroleum products, carrier, by motor vehicle, over irregular buildings traveling on their own or re­ as described in appendix x m to the re­ routes, transporting: Iron and steel arti­ movable undercarriages, equipped with port in Descriptions in Motor Carrier cles as defined in appendix V to the re­ hitchball coupler, between points in Certificates, 61 M.C.C. 209, in bulk, in port in Descriptions in Motor Carrier North Carolina, Virginia, and South tank vehicles, from points in Appling, Certificates, 61 M.C.C. 209 and 276 and Carolina, on the one hand, and, on the Bacon, Baker, Calhoun, Coffee, Dough­ damaged and rejected shipments, be­ other, points in California, Colorado, erty, Jeff Davis, Lee, Mitchell, Terrell, tween Sterling and Rock Falls, 111., on Idaho, Montana, New Mexico, Nevada, Pierce, Ware, and Worth Counties, Ga., the one hand, and, on the other, points North Dakota, Oregon, South Dakota, to points in Alabama (except points in in Iowa, Kansas, Minnesota, Missouri, Utah, Washington, Wyoming, and Alabama within 125 miles of Albany, and Colorado. N o t e : If a hearing is Alaska. N o t e : If a hearing is deemed Ga.), Florida, Georgia, and South Caro­ deemed necessary, applicant requests it necessary, applicant requests it be held lina. N o t e : If a hearing is deemed be held at Davenport, Iowa, or Chicago, at Charlotte, N.C. necessary, applicant requests it be held at 111. No. MC 107496 (Sub-No. 399), filed Atlanta, Ga. No. MC 107295 (Sub-No. 76), filed Au­ August 23, 1965. Applicant: RUAN No. MC 103378 (Sub-No. 317), filed gust 23, 1965. Applicant: PRE-FAB TRANSPORT CORPORATION, Keo- August 27, 1965. Applicant: PETRO­ TRANSIT COMPANY, a corporation, sauqua' Way at Third, Des Moines, Iowa. LEUM CARRIER CORPORATION, 369 Post Office Box 146, Farmer City, 111. Ap­ Applicant’s representative: H. L. Fabritz Margaret Street, Jacksonville, Fla. Ap­ plicant’s representative: Mack Stephen­ (same address as applicant). Authority plicant’s representative: Martin Sack, son, 42 Fox Mill Lane, Springfield, 111. sought to operate as a common carrier, Jr., Atlantic National Bank Building, Authority sought to operate as a common by motor vehicle, over irregular routes, Jacksonville, Fla. Authority sought to carrier, by motor vehicle, over irregular transporting: Dry sugar, in bulk, from operate as a common carrier, by motor routes, transporting: Prefabricated points in St. Bernard, St. James, Orleans, vehicle, over irregular routes, transport­ buildings, complete, knocked down, or in Plaquemines, Jefferson, Lafourche, Ter­ ing: Gypsum, in bulk, from points in sections, and when transported in con­ rebonne, St. Charles, St. John Baptist, Chatham County, Ga., to points in South nection with the transportation of such Ascension, Livingston, Tangipahoa, Carolina and points in New Hanover buildings, component parts thereof, and Washington, St. Tammany, and As­ County, N.C. N o t e : If a hearing is equipment and materials incidental to sumption Parishes, La., to Memphis, deemed necessary, applicant requests it (the erection and completion of such Tenn. N o t e : If a hearing is deemed be held at Jacksonville, Fla. buildings traveling on their own or re­ necessary, applicant requests it be held No. MC 103654 (Sub-No. 94), filed movable undercarriages, equipped with at Memphis, Tenn. August 27,1965. Applicant: SCHIRMER hitchball coupler, between points in Cali- No. MC 107496 (Sub-No. 400), filed TRANSPORTATION COMPANY IN- bama, Florida, and Georgia, on the one August 23, 1965. Applicant: RUAN CORPORATED, 1145 Homer Street, St. hand, and, on the other points in Cali­ TRANSPORT CORPORATION, Keosau- Paul 16, Minn. Applicant’s representa­ qua Way at Third Street, Post Office Box tive: Donald A. Morken, 1000 First N a­ fornia, Colorado, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Wash­ 855, Des Moines, Iowa. Applicant’s rep­ tional Bank Building, Minneapolis, ington, Wyoming, North Dakota, South resentative: H. L. Fabritz (same address Minn., 55402. Authority sought to oper­ N o t e as applicant) i Authority sought to op­ ate as a common carrier, by motor ve­ Dakota, and Alaska. : If a hearing erate as a common carrier, by motor ve­ hicle, over irregular routes, transporting : is deemed necessary, applicant requests hicle, over irregular routes, transport­ Fertilizer and fertilizer ingredients in­ it be held at Sarasota, Fla. ing: Petroleum and petroleum products, cluding, but not limited to, anhydrous No. MC 107295 (Sub-No. 77), filed Au­ gust 23, 1965. Applicant: PRE-FAB in bulk, from South Bend, Ind., to points ammonia, nitrogen fertilizer solutions, and aqua ammonia, from the plant facil­ TR ANSIT CO., a corporation, Post in Michigan. N o t e : If a hearing is ities of the Tuloma Gas Products Co., Office Box 146, Farmer City, Ell. Appli­ deemed necessary, applicant requests it be held at Chicago, 111. located at or near Burlington, Iowa to cant’s representative: Mack Stephenson, Points in Illinois, Indiana, Michigan, 42 Fox Mill Lane, Springfield, 111., 62707. No. MC 107500 (Sub-No. 93), filed Au­ Minnesota, Missouri, Nebraska, South Authority sought to operate as a com­ gust 25, 1965. Applicant: BU R LIN G ­ mon carrier, by motor vehicle, over ir­ TON TRUCK LINES, INC., 796 South Dakota, and Wisconsin. N o t e : If a hear­ ing is deemed necessary, applicant re­ regular routes, transporting: Prefabri­ Pearl Street, Galesburg, HI. Authority quests it be held at Chicago, 111., St. cated buildings, complete, knocked down sought to operate as a common carrier, inouïs, or Kansas City, Mo. or in sections and when transported in by motor vehicle, over regular routes, No. MC 105463 (Sub-No. 4), filed connection with the transportation of transporting: General commodities (ex­ 23> 1965. Applicant: C. E. such buildings, component parts thereof cept those of unusual value, and except HORNBACK, INC., Tama, Iowa. Ap­ and equipment and materials incidental Classes A and B explosives, household plicant s representative: Homer E. Brad- to the erection and completion of such goods as defined in Practices of Motor shaw, Fifth Floor, Central National buildings traveling on their own or re­ Common, Carriers of Household Goods, euuoing, Des Moines, Iowa, 50309. Au- movable undercarriages, equipped with 17 M.C.C. 467, commodities in bulk, com­ y to operate as a contract hatchball coupler, between points in modities requiring special equipment, ,zer> by motor vehicle, over irregular Louisiana, Mississippi, and Texas, on the and those injurious or contaminating to outes, transporting: ( 1 ) Papermill rolls, one hand, and, on the other, points in other lading) between Kearney, Nebr., mnr.1 V^ducts, boxboard, scrap paper, California, Colorado, Idaho, Montana, and junction U.S. Highways 385 and 26N e99 cases, nails, excelsior, lining New Mexico, Nevada, North Dakota, (3 miles southwest of Angora, N ebr.); nnru ’fjwermill machinery and. machine Oregon, South Dakota, Utah, Washing­ from Kearney over Interstate Highway fhp m tfler.e°f> and commodities used in ton, Wyoming, and Alaska. N o t e : If a 80 to Brady, Nebr., thence over U.S. Tnm ° tufacture of paper products, from hearing is deemed necessary, applicant Highway 30 to junction Nebraska High­ be held at Dallas, Tex. way 61, thence over Nebraska Highway C h X i 0 T^’ to m n ts in Kansas and the c o m S - i 11’’ commercial zone; and (2) No. MC 107295 (Sub-No. 78), filed 61 to junction U.S. Highway 26, thence August 23, 1965. Applicant: PRE-FAB u/ ed in the manufacture of over U.S.. Highway 26 to junction U.S. TRANSIT CO., a corporation, Post Office and thÎTrnî^5’ *rom Points in Kansas Highway 385, and thence over U.S. High­ to Tam« CT1Cag0’ IU'' commercial zone, Box 146, Farmer City, 111. Applicant’s way 385 to junction UJS. Highway 26N deemed « 1 ° ^ ' N ote: If a hearing is representative: Mack Stephenson, 42 (3 miles southwest of Angora, Nebr.), be held rieSS?/y’ aPPlicant requests it Pox Mill Lane, Springfield, 111., 62707. and return over the same route, serving ■ iS rîÜ : Des M oines, Iowa. Authority sought to operate as a com­ no intermediate points, as an alternate gUti 196574

Burlington, and Quincy Railroad Co. If Testing Station, located near Arco, No. MC 110364 (Sub-No. 6) , filed Au­ a hearing is deemed necessary, applicant Idaho, (2) Oak Ridge National Labora­ gust 24„ 1965. Applicant: OHIO CAR­ requests it be held at Omaha, Nebr. tory located in Anderson and Roane RIER CORPORATION, 250 2d Street No. MC 107515 (Sub-No. 523), filed Counties, Tenn., and points in Rice SE., New Philadelphia, Ohio. Appli­ August 23, 1965. Applicant: REFRIG­ County, Kans. N o t e : If a hearing is cant’s representative,: Robert N. Krier, ERATED TRANSPORT CO., INC., Post deemed necessary, applicant requests 3430 LeVeque-Lincoln Tower, 56 West Office Box 10799, Atlanta, Ga., 30310. it be held at Kansas City, Mo. Broad Street, Columbus, Ohio, 43215. Applicant’s representative: Paul M. No. MC 109637 (Sub-No. 285), filed Authority sought to operate as a con­ Daniell, Suite 1600, First Federal Build­ August 20, 1965. Applicant: SOUTH­ tract carrier, by motor vehicle, over ir­ ing, Atlanta, Ga., 30303. Authority ERN TANK LINES, INC., 4107 Bells regular routes, transporting: Industrial sought to operate as a common carrier, Lane, Louisville, Ely., 40211. Authority machinery, fans, exhaust or ventilating, by motor vehicle, over irregular routes, sought to operate as a common carrier, and parts thereof, electric wiring, plugs, transporting: Foodstuffs, in vehicles by motor vehicle, over irregular routes, receptacles, and cord sets (except such equipped with mechanical refrigeration, transporting: Petroleum products, in of those commodities as, due to size or from points in George, Hinds, Rankin, bulk, in tank vehicles, between St. Louis, weight, require the use of special equip­ Copiah, and Greene Counties, Miss., to Mo., Wood River, 111., Louisville, Ky., ment) , between New Philadelphia, Ohio, points in Louisiana, Texas, Oklahoma, Madison, Ind., and East Liverpool, Ohio, on the one hand, and, on the other, points Kansas, Missouri, Iowa, Minnesota, Wis­ on the one hand, and, on the other, St. in Ohio, Pennsylvania (except those in consin, Illinois, Indiana, Michigan, Ohio, Louis, Mo., Wood River, 331., Louisville, Venango County), West Virginia, Ken­ Pennsylvania, New York, Massachusetts, Ky., Madison, Ind., and East Liverpool, tucky, Indiana, and Illinois. N ote: Ap­ Connecticut, New Jersey, Delaware, West Ohio. N o t e : If a hearing is deemed plicant states it proposes to conduct op­ Virginia, Virginia, North Carolina, South necessary, applicant requests it be held erations under the applied for authority Carolina, Georgia, Florida, Tennessee, at Louisville, Ky., Chicago, 111., or Wash­ under a continuing contract with Joy Alabama, Arkansas, Kentucky, and ington, D.C. Manufacturing Co. Applicant states it Washington, D.C. N o t e : Applicant No. MC 110193 (Sub-No. 187), filed presently holds authority under Permit states it presently holds authority on August 23, 1965. Applicant: SAFEWAY No. MC 110364 to transport mining ma­ frozen foods and meat, meat products, TRUCK LINES, INC., 20450 West Ire­ chinery, mining equipment materials, and meat byproducts on a substantial land Road, South Bend, Ind. Appli­ supplies, and repair parts therefor, ex­ portion of the territory involved and no cant’s representative: Walter J. Kobos cept such of those commodities as, due duplicating authority is sought. If a (same address as applicant). Authority to size or weight require the use of spe­ hearing is deemed necessary, applicant sought to operate as a common carrier, cial equipment, under continuing con­ requests it be held at Jackson, Miss. by motor vehicle, over irregular routes, tract for the same shipper and between No. MC 108119 (Sub-No. 9), filed Au­ transporting: Meats, meat products, the same points for which authority is gust 23,1965. Applicant: E. L. M URPH Y meat byproducts and articles distributed sought in this application. Applicant TRUCK ING CO., a corporation, 2330 by meat packinghouses, as described in proposes in this application only to add West County Road C, St. Paul 13, Minn. sections A and C of appendix I to the re­ to the list of commodities presently au­ Applicant’s representative: Grant J. port in Descriptions in Motor Carriers thorized to be transported for the same Merritt, 1000 First National Bank Build­ Certificates, 61 M.C.C. 209 and 766 (ex­ shipper. If a hearing is deemed neces­ ing, Minneapolis, Minn., 55402. Author­ cept commodities in bulk, in tank vehicles sary, applicant requests it be held at ity sought to operate as a common car­ and hides), from Perry, Iowa, to points Columbus, Ohio. rier, by motor vehicle, over irregular in Illinois and Indiana. N o t e : If a hear­ No. MC 110420 (Sub-No. 477), filed routes, transporting: Motor and electric ing is deemed necessary, applicant re­ August 23, 1965. Applicant: QUALITY carts, such as are used on golf courses or quests it be held at Chicago, 111. CARRIERS, INC., 100 South Calumet for messenger and light delivery work, No. MC 110193 (Sub-No. 108>, filed Street, Burlington, Wis. Applicant’s between points in Minnesota, on the one August 23, 1965. Applicant: SAFEWAY representative: Fred H. Figge (same as hand, and, on the other, points in the TRUCK LINES, INC., 20450 West Ire­ applicant). Authority sought to operate United States (excluding Alaska and Ha­ land Road, South Bend, Ind. Appli­ as a common carrier, by motor vehicle, waii). N o t e : If a hearing is deemed cant’s representative: Walter J. Kobos over irregular routes, transporting: Fer­ necessary, applicant requests it be held (same address as applicant) . Authority tilizer and fertilizer ingredients, includ­ at Minneapolis, Minn. sought to operate as a common carrier, ing but not limited to anhydrous am­ No. MC 108884 (Sub-No. 11), filed Au­ by motor vehicle, over irregular routes, monia, nitrogen fertilizer solutions, and gust 23,1965. Applicant: ROGERS AND transporting: Frozen foods, from Belvi- aqua ammonia, in bulk, from the plant- KASPER, INC., Route 46, Great Mead­ dere, 111., to points in Colorado, Iowa, site of Tuloma Gas Products facility lo­ ows, N.J. Applicant’s representative: Kansas, Minnesota, Missouri, and Ne­ cated at or near Burlington, Iowa, to Morton E. Kiel, 140 Cedar Street, New braska. N o t e : If a hearing is deemed points in Illinois, Indiana, Michigan York, N.Y., 10006. Authority sought to necessary, applicant requests it be held Minnesota, Missouri, Nebraska, South operate as a common carrier, by motor at Chicago, 111. Dakota, and Wisconsin. N o t e : I f a hear­ vehicle, over irregular routes, transport­ No. MC 110193 (Sub-No. 109), filed ing is deemed necessary, applicant re­ ing: Frozen foods, in mechanically re­ August 26, 1965. Applicant: SAFEWAY quests it be held at Chicago, HI. frigerated vehicles, restricted against the TRUCK UNES, INC., 20450 Ireland No. MC 110420 (Sub-No. 478), fifed transportation of individual shipments Road, South Bend, Ind., 46613. Appli­ August 23, 1965. Applicant: QUALITY exceeding 5,000 pounds in weight, from cant’s representative: Walter Kobos CARRIERS, INC., 100 South Calumet New York, N.Y., Jersey City and Kearny, (same address as applicant). Authority Street, Burlington, Wis. Applicant5 N.J., to points in Lycoming and North­ sought to operate as a common carrier, representative: Fred H. Figge (same as umberland Counties, Pa., and returned by motor vehicle, over irregular routes, applicant). Authority sought to operate shipments, on return. N o t e : If a hear­ transporting: Meats, meat products, as a common carrier, by motor vehicle, ing is deemed necessary, applicant re­ meat byproducts, and articles distributed over irregular routes, transporting: Fer­ quests it be held at New York, N.Y. by meat packinghouses, as described in tilizer and fertilizer' ingredients, inclua- No. MC 109397 (Sub-No. 127), filed appendix I to the report in Descriptions ing, * but not limited to anhydrous August 26, 1965. Applicant: TRI­ in Motor Carrier Certificates, 61 M.C.C. ammonia, nitrogen fertilizer solutions, STATE MOTOR TRANSIT CO., a cor­ 209 and 766 (except hides and commodi­ and aqua ammonia, in bulk, from tn poration, Post Office Box 113, Joplin, Mo. ties in bulk, in tank vehicles), from plantsite of Tuloma Gas Products facility Applicant’s representative: Max G. Mor­ Salina, Kans., to points in Maine, New located between East Peoria and Nona gan, 443 American National Building, Hampshire, Vermont, New York, New Pekin, HI., to points in Indiana, Iowa, Oklahoma City 2, Okla. Authority Michigan, Minnesota, Missouri, Ohio, sought to operate as a common carrier, Jersey, Connecticut, Massachusetts, South Dakota, and Wisconsin. Note: u by motor vehicle, over irregular routes, Rhode Island, Pennsylvania, Ohio, Aa nA/taccQW transporting: Special nuclear material, Maryland, Delaware, and the District of byproduct material, related experiment Columbia. N o t e : If a hearing is deemed requests it be held at Chicago, HI. equipment, and other associated mate­ necessary, applicant requests it be held No. M C 110420 (Sub-No. 479), rials, between (1) the National Reactor at Kansas City, Mo., or Topeka, Kans. August 23, 1965. Applicant: QUALii* Thursday, September 9, 1965 FEDERAL REGISTER 11547

CARRIERS, INC., 100 South Calumet Michigan, Indiana, Ohio, Kentucky, is deemed necessary, applicant requests Street, Burlington, Wis. Applicant’s Tennessee, North Carolina, South Caro­ it be held at Raleigh. N.C. representative: Fred H. Figge (same as lina, Virginia, West Virginia, Pennsyl­ No. MC 112148 (Sub-No. 36), filed applicant). Authority sought to operate vania, New York, New Jersey, Wisconsin, August 26, 1965. Applicant: JAMES H. as a common carrier, by motor vehicle, and Arkansas. N o t e : If a hearing is POWERS, INC., Melbourne, Iowa. Ap­ over irregular routes, transporting: Hy­ deemed necessary, applicant requests it plicant’s representative: William A. draulic fluid, in bulk, from St. Louis, M a, be held at Chicago, ILL Landau, 1307 East Walnut, Des Moines, to points in California, Illinois, Indiana, No. MC 111231 (Sub-No. 86), filed Iowa, 50316. Authority sought to oper­ Kentucky, Michigan, Missouri, Ohio, August 23, 1965. Applicant: JONES ate as a common carrier, by motor ve­ Tennessee, and Wisconsin. N o t e : If a TRUCK LINES, INC., 610 East Emma hicle, over irregular routes, transporting: hearing is deemed necessary, applicant Avenue, Springdale, Ark. Authority Meats, meat products, meat byproducts requests it be held at St. Louis, Mo. sought to operate as a common carrier, and articles distributed by meat pack­ No. MC 110525 (Sub-No. 741), filed by motor vehicle, over irregular routes, inghouses, as described in sections A and August 23,1965. Applicant: CHEMICAL transporting: Canned, prepared, or pre­ C of appendix I to the report in Descrip­ LEAMAN TANK LINES, INC., 520 East served foodstuffs, from points in Ar­ tions in Motor Carrier Certificates, 61 Lancaster Avenue, Downingtown, Pa. kansas, Tyler, and Lindale, Tex., that M.C.C. 209 and 766 (except hides and Applicant’s representatives: Leonard A. part of Texas bounded by a line begin­ commodities in bulk, in tank vehicles), Jaskiewicz, 1155 15th Street NW., Wash­ ning at the Texas-Louisiana State line from the plantsite of Missouri Beef ington, D.C., and Edwin H. van Deusen, and extending on and north of U.S. Packers, Inc., located at or near Phelps 520 East Lancaster Avenue, Downing­ Highway 80 to Fort Worth, Tex., thence City, Mo., restricted to traffic originating town, Pa. Authority sought to operate on and east of Interstate Highway 35W at such facilities, to points in Iowa, Min­ as a common carrier, by motor vehicle, to the Texas-Oklahoma State line and nesota, Michigan, New York, and W is­ over irregular routes, transporting: Veg­ points in that part of Louisiana on and consin. N o t e : I f a hearing is deemed etable oils, tall oil and “products and north of U S. Highway 80, to points in necessary, applicant requests it be held blends thereof, in bulk, in tank vehicles, Connecticut, Florida, Georgia, Illinois, at Kansas City, Mo., Omaha, Nebr., or from Columbia Park, Ohio, to points in Indiana, Kentucky, Maine, Massachu­ Washington, D.C. Michigan, and rejected shipments of the setts, Michigan, New Hampshire, New No. MC 112223

SERVICE CO., a corporation, 5100 West applicant requests it be held at Phila­ Tex., 75201. Authority sought to oper­ 41st Street, Chicago, 111. Applicant’s delphia, Pa., or Washington, D.C. ate as a common carrier, by motor ve­ representative: Robert H. Levy, 105 West No. MC 113325 (Sub-No. 59), filed Au­ hicle, over irregular routes, transport­ Adams Street, Chicago 3, HI. Authority gust 20,1965. Applicant: SLAY TRANS­ ing: Commodities in bulk having a prior sought to operate as a common carrier, PORTATION COMPANY, INC., 2001 or subsequent movement by rail, water, by motor vehicle, over irregular routes, South Seventh Street, St. Louis, Mo., or pipeline, between points in Texas, transporting: Vegetable oils, vegetable 63104. Applicant’s representative: Ches­ Louisiana, and Mississippi. N ote: If a oil shortenings, and blends thereof from ter A. Zyblut, 1000 Connecticut Avenue hearing is deemed necessary, applicant Chicago, HI., to points in Connecticut, NW., Washington, D.C. Authority requests it be held at Dallas, Tex. Delaware, Kentucky, Massachusetts, New sought to operate as a common carrier, No. MC 113678 (Sub-No. 166), filed Jersey, New York, Pennsylvania, Tennes­ by motor vehicle, over irregular routes, August 20, 1965. Applicant: CURTIS, see, and Virginia. N o t e : If a hearing transporting: Anhydrous ammonia, ni­ INC., 770 East 51st Avenue, Denver, is deemed necessary, applicant requests it trogen fertilizer solution, aqua ammonia, Colo., 80216. Applicant’s representa­ be held at Chicago, HI. in bulk, in tank vehicles, and fertilizer tive: Duane W . Acklie, Post Office Box No. MC 112801 (Sub-No. 30), filed Au­ and fertilizer ingredients, (1) from the 2028, Lincoln, Nebr. Authority sought gust 26, 1965. Applicant: TRANSPORT plantsite of the Tuloma Gas Products to operate as a common carrier, by motor SERVICE CO., a corporation, 5100 West Co. located at Peoria, HI., to points in vehicle, over irregular routes, transport­ 41st Street, Chicago, HI. Applicant’s Iowa, Indiana, Michigan, Minnesota, ing: Bananas, from Freeport, Tex., to representative: Robert H. Levy, 105 West Missouri, Ohio, South Dakota, and Wis­ points in Arkansas, Colorado, Illinois, Adams Street, Chicago 3, HI. Authority consin, and (2) from the plantsite of the Indiana, Iowa, Kansas, Louisiana, Min­ sought to operate as a common carrier, Tuloma Gas Products Co. located at nesota, Missouri, Nebraska, New Mexico, by motor vehicle, over irregular routes, Burlington, Iowa, to points in Hlinois, North Dakota, Oklahoma, South Dakota, transporting: Acids, chemicals, fertilizer, Indiana, Michigan, Minnesota, Missouri, Texas, and Wisconsin. N o t e : If a hear­ and fertilizer ingredients, between points Nebraska, South Dakota, and Wisconsin. ing is deemed necessary, applicant did in Arkansas, Illinois, Indiana, Iowa, N o t e : If a hearing is deemed necessary, not request any particular area. Kansas, Kentucky, Michigan, Minnesota, applicant requests it be held at Chicago, No. MC 113678 (Sub-No. 167), filed Au­ Missouri, Nebraska, Ohio, Oklahoma, HI. gust 23,1965. Applicant: CURTIS, INC., South Dakota, and Wisconsin. N o t e : If No. MC 113325 (Sub-No. 60), filed Au­ 770 East 51st Avenue, Denver, Colo., a hearing is deemed necessary, applicant gust 26,1965. Applicant: SLAY TRANS­ 80216. Applicant’s representative: Du­ requests it be held at Chicago, HI. PORTATION CO., INC., 2001 South ane W . Acklie, Post Office Box 2028, Lin­ No. MC 112801 (Sub-No. 31), filed Au­ Seventh Street, St. Louis, Mo., 63104. coln, Nebr. Authority sought to operate gust 26, 1965. Applicant: TRANSPORT Applicant’s representative: Chester A. as a common carrier, by motor vehicle, SERVICE CO., a corporation, 5100 West Zyblut, 1000 Connecticut Avenue NW., over irregular routes, transporting: 41st Street, Chicago, 111. Applicant’s Washington, D.C., 20036. Authority Frozen foods, from Lafayette, Ind., to representative: Robert H. Levy, 105 West sought to operate as a common carrier, points in Colorado, Iowa, Kansas, Ne­ Adams Street, Chicago, HI. Authority by motor vehicle, over irregular routes, braska, and St. Louis, Mo. N ote: If a sought to operate as a common carrier, transporting: Vegetable oil and blends hearing is deemed necessary, applicant by motor vehicle, over irregular routes, and products thereof, in bulk, from did not request any particular area. transporting: Anhydrous ammonia, ni­ Granite City, HI., to points in Maine, No. MC 113678 (Sub-No. 168), filed Au­ trogen fertilizer solution, aqua ammonia, Vermont, New Hampshire, Georgia, gust 26,1965. Applicant: CURTIS, INC., and fertilizer and fertilizer ingredients, Massachusetts, Rhode Island, Connecti­ 770 East 51st Avenue, Denver, Colo., in bulk, in tank vehicles, (1) frodx the cut, Florida, West Virginia, Maryland, 80216. Applicant’s representative: Du­ plantsite of the Tuloma Gas Products Delaware, Virginia, North Carolina, ane W. Acklie, Post Office Box 2028, Lin­ Co., located within ten (10) miles of South Carolina, and Washington, D.C. coln, Nebr. Authority sought to operate Peoria, between Peoria and North Pekin, N ote : If a hearing is deemed necessary, as a common carrier, by motor vehicle, HI., to points in Illinois, Indiana, Iowa, applicant requests it be held at St. Louis, over irregular routes, transporting: Meat, Michigan, Minnesota, Missouri, Ohio, Mo. meat products, meat byproducts, dairy South Dakota, and Wisconsin, and (2) No. MC 113362 (Sub-No. 86), filed products, and articles distributed by from the plantsite of the Tuloma Gas August 24K 1965. Applicant: ELLS­ meat packinghouses, as described in sec­ Products Co., located near Burlington, WORTH FREIGHT LINES, INC., 220 tions A, B, and C of appendix I to the Iowa, to points in Hlinois, Indiana, Iowa, East Broadway, Eagle Grove, Iowa. Ap­ report in Descriptions in Motor Carrier Michigan, Minnesota, Missouri, Nebras­ plicant’s representative: W illiam J. Certificates, 61 M.C.C. 209 and 766, from ka, South Dakota, and Wisconsin. Boyd, 30 North La Salle Street, Chicago, Wichita, Kans., to points in Kansas, Ala­ N o t e : If a hearing is deemed necessary, HI., 60602. Authority sought to operate bama, Arkansas, California, Colorado, applicant requests it be held at Chicago, as a common carrier, by motor vehicle, Florida, Georgia, Hlinois, Indiana, Iowa, HI. over irregular routes, transporting: Kentucky, Louisiana, Michigan, Missis­ No. MC 113158 (Sub-No. 6), filed Au­ Meats, meat products, meat byproducts, sippi, Missouri, North Carolina, Ohio, gust 18, 1965. Applicant: TODD and articles distributed by meat pack­ Oklahoma, South Carolina, Tennessee, TRANSPORT COMPANY, INC., Secre­ inghouses, as described in appendix I to Texas, Virginia, West Virginia, and Wis­ tary, Md. Applicant’s representative: V. the report in Descriptions in Motor consin, and exempt commodities, on re­ Baker Smith, 2107 Fidelity-Philadelphia Carrier Certificates, 61 M.C.C. 209 and turn. N o te : If a hearing is deemed nec­ Trust Building, Philadelphia, Pa., 19109. 766, from Denison, Iowa Falls, and points essary, applicant does not specify a place Authority sought to operate as a common within ten (10) miles of Iowa Falls, of hearing. carrier, by motor vehicle, over irregular Iowa, to points in New Hampshire, No. MC 113678 (Sub-No. 169), filed Au­ routes, transporting: Such merchandise Maine, Vermont, Massachusetts, Con­ gust 26, 1965. Applicant: C U R T IS, INC., as is dealt in by wholesale, retail, chain necticut, Rhode Island, New York, New 770 East 51st Avenue, Denver, Colo., grocery stores and food business houses, Jersey, Pennsylvania, Delaware, Mary­ 80216. Applicant’s representative: Du' and in connection therewith, equipment, land, Virginia, West Virginia, Ohio, In­ ane W . Acklie, Post Office Box 2028, Lin­ materials, and supplies used in the con­ diana, Hlinois, Michigan, Wisconsin, coln, Nebr. Authority sought to operate as a common carrier, by motor vehicle, duct of such business (except liquid com­ Minnesota, and Washington, D.C. N o t e : over irregular routes, transporting. modities in bulk), between the ware­ If a hearing is deemed necessary, appli­ Building, paving, and roofing materials, houses and other facilities of Acme M ar­ cant requests it be held at Omaha, Nebr., kets, Inc., in Philadelphia, Pa., on the or Des Moines, Iowa. from Wilmington, 111., to points in Colo­ rado, Montana, Nebraska, and Wyoming* one hand, and, on the other, points in No. MC 113514 (Sub-No. 92), filed Au­ New York (except New York, N.Y., and N ote : If a hearing is deemed necessary, gust 25, 1965. Applicant: SMITH /-vr>c ■*•"» n f OTVPPlfV 8, Dl&CC points in Sullivan, Ulster, Dutchess, TRANSIT, INC,, 305 Simons Building, Orange, Putnam, Rockland, Westchester, Dallas, Tex. Applicant’s representa­ hearing. Nassau, and Suffolk Counties, N.Y.). tive: William D. White, Jr., 2505 Re­ No. MC 113908 (Sub-No. 174), fijMUMjJ N o t e : If a hearing is deemed necessary, public National Bank Tower, Dallas, gust 26, 1965. Applicant: ERICKSON Thursday, Septem ber 9, 1965 FEDERAL REGISTER 11549

TRANSPORT CORPORATION, 706 West sylvania, West Virginia, and Wisconsin. ed necessary, applicant requests it be Tampa, Post Office Box 3180, Springfield, N o t e : If a hearing is deemed necessary, held at Des Moines, Iowa. Mo. Authority sought to operate as a applicant requests it be held at Lansing, No. MC 115311 (Sub-No. 50), filed Au­ common carrier, by motor vehicle, over Mich. gust 26,1965. Applicant: J & M TRANS­ irregular routes, transporting: Vinegar, No. MC 114211 (Sub-No. 8 5 ), filed PORTATION CO., INC., Post Office Box in bulk, in tank vehicles, from Nixa, Mo., August 23, 1965. Applicant: WARREN 589, Americus, Ga. Applicant’s repre­ to points in Illinois and Michigan. TRANSPORT, INC., Post Office Box 420, sentative: Paul M. Daniell, Suite 1600, Note: If a hearing is deemed necessary, Waterloo, Black Hawk County, Iowa. First Federal Building, Atlanta, Ga., applicant requests it be held at Little Applicant’s representative: Charles W. 30303. Authority sought to operate as Hock ^Vrk Singer, Tower Suite 3600, 33 North La a common carrier, by motor vehicle, over No.’ MC 114019 (Sub-No. 143), filed Salle Street, Chicago, 111., 60602. Au­ irregular routes, transporting: Sugar August 20, 1965. Applicant: M ID ­ thority sought to operate as a common (except in bulk in tank vehicles), from WEST EMERY FREIGHT SYSTEM, carrier, by motor vehicle, over irregular points in Assumption, Lafourche, St. INC., 7000 South Pulaski Road, Chicago, routes, transporting: (I ) Tractors ( not Bernard, St. John the Baptist, and Ter­ 111. Applicant’s representative: David including tractors with vehicle beds, bed rebonne Parishes, La., to points in Ala­ Axelrod, 39 South La Salle Street, Chi­ frames or fifth wheels), (2) agricultural bama, Florida, Georgia, Mississippi, cago, HI. Authority sought to operate machinery and implements, (3 ) indus­ North Carolina, South Carolina, and as a common carrier, by motor vehicle, trial and construction machinery and Tennessee. N ote : If a hearing is deemed over irregular routes, transporting: Food, equipment, (4 ) equipment designed for necessary, applicant requests it be held food preparations and foodstuffs, from use in conjunction with tractors, (5) at New Orleans, La. St. Louis, Mo., to points in Iowa, Kansas, trailers designed for the transportation No. MC 115331 (Sub-No. 147), filed and Nebraska. N o t e : If a hearing is of the commodities described above August 23, 1965. Applicant: TRUCK deemed necessary, applicant requests it ( other than those designed to be drawn TRANSPORT, INCORPORATED, 707 be held at St. Louis, Mo. by passenger automobiles), (6) attach­ Market Street, Stl Louis, Mo. Authority No. MC 114019 (Sub-No. 144), filed ments for the commodities described sought to operate as a common carrier, August 24, 1965. Applicant: M IDW EST above, (7) internal combustion engines, by motor vehicle, over irregular routes, EMERY FREIGHT SYSTEM, INC., and i8) parts of the commodities de­ transporting: Chemicals, in bulk, from 7000 South Pulaski Road, Chicago, 111. scribed in (1) thru (7) above when mov­ the Cordova Industrial Park, located in Applicant’s representative: David Axel­ ing in mixed loads with such commodi­ Rock Island County, 111., to points in Illi­ rod, 39 South La Salle’Street, Chicago 3, ties, (a) from the plant and warehouse nois, Iowa, Minnesota, Missouri, and Wis­ 111. Authority sought to operate as a sites and experimental farms of Deere consin. N o t e : If a hearing is deemed common carrier, by motor vehicle, over & Co. located in Black Hawk and Du­ necessary, applicant requests it be held at irregular routes, transporting: Meats, buque Counties, Iowa, to points in the St. Louis, Mo. meat products, and meat byproducts, United States (except points in Alaska No. MC 115826 (Sub-No. 79) , filed Au­ dairy products, articles distributed by and Hawaii), and (b) from the plant and gust 20, 1965. Applicant: W . J. DIGBY, meat packinghouses, and such commodi­ warehouse sites and experimental farms INC., Post Office Box 5088, Terminal An­ ties as are used by meatpackers in the of Deere & Co. located in Rock Island nex, Denver, Colo. Authority sought to conduct of their business when destined County, 111., Polk and Wapello Counties, operate as a common carrier, by motor to and for use by meatpackers, as de­ Iowa, and Dodge County, Wis., to points vehicle, over irregular routes, transport­ scribed in sections A, B, C, and D of in Alabama, Arizona, Arkansas, Cali­ ing: Frozen foods, from Humboldt, appendix I to the report in Descriptions fornia, Colorado, Florida, Georgia, Idaho, Tenn., to points in Wisconsin, Minne­ in Motor Carrier Certificates, 61 M.C.C. Illinois, Indiana, Iowa, Kansas, Ken­ sota, Arizona, California, Colorado, 209 and 766 (except hides and commodi­ tucky, Louisiana, Michigan, Minnesota, Idaho, Montana, Nevada, New Mexico, ties in bulk, in tank vehicles), from Mississippi, Missouri, Montana, Nebras­ North Dakota, Oregon, South Dakota, points in Iowa to points in Illinois, ka, Nevada, New Mexico, North Carolina, Utah, Washington, Wyoming, Kansas, Kansas, Missouri, Minnesota, Nebraska, North Dakota, Ohio, Oklahoma, Oregon, and Nebraska. N o t e : If a hearing is and Wisconsin. N o t e : If a hearing is South Carolina, South Dakota, Tennes­ deemed necessary, applicant does not deemed necessary, applicant requests it see, Texas, Utah, Washington, Wisconsin, specify a location. be held at Des Moines, Iowa. and Wyoming. N o t e : Applicant states No. MC 115826 (Sub-No. 80), filed Au­ No. MC 114019 (Sub-No. 145), filed the proposed service to be restricted to August 24, 1965. Applicant: M IDW EST gust 23, 1965. Applicant: W . J. DIGBY, traffic originating at the plant and ware­ INC., Post Office Box 5088, Terminal EMERY FREIGHT SYSTEM, INC., 7000 house sites and experimental farms South Pulaski Road, Chicago, 111. Ap- Annex, Denver, Colo. Authority sought named above. If a hearing is deemed to operate as a common carrier, by motor ^ " ^ ’s representative: David Axelrod, necessary, applicant requests it be held vehicle, over irregular routes, transport­ ■39 South La Salle Street, Chicago 3, 111. at Washington, D.C.' Authority sought to operate as a com­ ing,: Meats, meat products, meat by­ No. MC 114274 (Sub-No. 6 ) (Amend­ products, and articles distributed by mon carrier, by motor vehicle, over ir­ ment), filed July 12, 1965, published regular routes, transporting: Meats, meat packinghouses (except hides and F e d e r a l R e g is t e r issue of August 4, 1965, commodities in bulk, in tank vehicles), meat products, meat byproducts and amended August 25,1965 and republished rticles distributed by meat packing- from- Butte, Mont., to points in Oregon, as amended this issue. Applicant: EL­ Washington, Nebraska, Iowa, Kansas, oases as described in appendix I to M ER VITA LIS, doing business as ,e rePort in Descriptions in Motor Car­ Minnesota, Missouri, Wisconsin, Illinois, VITALIS TRUCK LINES, 1656 East New York, Massachusetts, and Pennsyl­ eer Certificates, 61 M.C.C. 209, from Grand Avenue, Des Moines, Iowa. Ap­ vania. N o t e : If a hearing is deemed firfy. Iows, to points in Illinois, Indiana, plicant’s representative: William A. Wisconsin, Nebraska, Michigan, and necessary, applicant requests it be held Landau, 1307 East Walnut, Des Moines, at Billings, Mont. nJlneso^a' ^ OTE' Tf a hearing is deemed Iowa, 50316. Authority sought to oper­ No. MC 115841 (Sub-No. 248), filed Au­ necessary, applicant requests it be held ate as a common carrier, by motor ve­ at Des Moines, Iowa. gust 18, 1965. Applicant: COLONIAL hicle, over irregular routes, transporting: (Sub-No. 14), filed Au- REFRIGERATED TRANSPORTATION, Meats, meat products, meat byproducts, INC., 1215 Bankhead-Highway West, Post o p p ^ -i,965- Applicant: TR UCK W AY and articles distributed by meat packing­ Office Box 2169, Birmingham, Ala. Au­ Bonw^» 5 ^"’ 1099 South Oakwood houses, as described in sections A and C renrpda w s Detr°it, Mich. Applicant’s thority sought to operate as a common of appendix I to the report in Descrip­ carrier, by motor vehicle, over irregular B , S tati ve: Bex Eames, 1800 Buhl tions in Motor Carrier Certificates, 61 t w i nS’ Detroit> Mich., 48226. Au- routes, transporting: (1) Canned goods, M.C.C. 209 and 766 (except hides and and (2) commodities, the transportation carwS l ought operate as a contract commodities in bulk in tank vehicles) of which is partially exempt under the rout.»»* ’+ky m°tor vehicle, over irregular from Perry, Iowa, to points in Ohio, nrn/7, ' transporting: Lime and limestone Illinois, Indiana, Michigan, Minnesota, provisions of section 203(b) (6) of the River Rouge; Mich., to and Wisconsin. N o t e : The purpose of Interstate Commerce Act if transported tuoin Indiana, Iowa, Ken- this republication is to add Ohio as a in vehicles not used in carrying-any other t'UCKy, Missouri, New York, Ohio, Penn­ destination State. If a hearing is deem­ property, when moving in the same 11550 NOTICES vehicle at the same time with canned other, points in the United States, in­ miles thereof, to points in Utah, Nevada, goods, from Lindale, Tex., to points in cluding points in Alaska (but excluding Arizona, California, Oregon, W ashing.' ton, Texas, Colorado, Iowa, Illinois, Florida and Oklahoma. N o te : If a hear­ points in Hawaii). N o t e : If a hearing ing is deemed necessary, applicant re­ is deemed necessary, applicant did not Pennsylvania, New Jersey, New York, quests it be held at Memphis, Tenn. specify any particular area. and Massachusetts. N ote: If a hearing No. MC 116073 (Sub-No. 31), filed No. MC 116073 (Sub-No. 43), filed Au- is deemed necessary, applicant requests August 19, 1965. Applicant: BARRETT gust 19, 1965. Applicant: BARRETT it be held at Boise, Idaho. MOBILE HOME TRANSPORT, INC., MOBILE HOME TRANSPORT, INC., No. MC 117201 (Sub-No. 7), filed Au­ 1825 Main Avenue, Moorhead, Minn. 1825 Main Avenue, Moorhead, Minn. gust 23,1965. Applicant: INTERSTATE Applicant’s representatives: Donald E. Applicant’s representatives: Donald E. DISTRIBUTOR CO., a corporation, 8311 Cross, Munsey Building, Washington, Cross, Munsey Building, Washington, Durango Street SW., Tacoma, Wash., D.C., and Allen Foss, First National Bank D.C., and Allen Foss, First National Bank 98499. A pplican t’s representative: Building, Fargo, N. Dak. Authority Building, Fargo, N. Dak. Authority George R. LaBissoniere, 333 Central sought to operate as a common carrier, sought to operate as a common carrier, Building, Seattle, Wash. Authority by motor vehicle, over irregular routes, by motor vehicle, over irregular routes, sought to operate as a common carrier, transporting: Buildings, complete or in transporting: Buildings complete or in by motor vehicle, over irregular routes, sections traveling on their own or with sections traveling on their own or remov­ transporting: Roofing and insulating removable undercarriages equipped with able undercarriages equipped with hitch­ materials, from Santa Clara, Calif., to hitchball coupler, from points in W ash­ ball coupler, between points in Okla­ points in Washington west erf the Cas­ ington, Oregon, California, Nevada, homa on the one hand, and, on the other, cade Mountain Range, restricted to traf­ Idaho, Montana, Wyoming, Utah, Colo­ points in the United States including fic moving in truckload lots. Note: If a rado, New Mexico, North Dakota, South Alaska, but exeluding Hawaii. N o t e : If hearing is deemed necessary, applicant Dakota, and Alaska, to points in the a hearing is deemed necessary, applicant requests it be held at Seattle, Wash. United States, including points in Alaska does not specify place of hearing. No. MC 117803 (Sub-No. 7), filed Au­ (but excluding Hawaii). N o t e : If a No. MC 116110 (Sub-No. 8), filed Au­ gust 27, 1965. Applicant: LABERTEW hearing is deemed necessary, applicant gust 23, 1965. Applicant: P. C. W H ITE TRUCKING, INC., 5110 Race Street, did not specify any particular area. TRUCK LINE, INC., Speigner Street, Denver, Colo. Applicant’s representa­ No. MC 116073 (Sub-No. 32), filed Au­ Dothan, Ala. Applicant’s representa­ tive: Leslie R. Kehl, Suite 420, Denver gust 19, 1965. Applicant: BARRETT tive: W. G. Hardwick, comer Lena and Club Building, Denver, Colo. Authority MOBILE HOME TRANSPORT, INC., Adams Streets, Dothan, A la Authority sought to operate as a common carrier, 1825 Main Avenue^- Moorhead, Minn. sought to operate as a common carrier, by motor vehicle, over irregular routes, Applicant’s representatives: Donald E. by motor vehicle, over regular routes, transporting: Bananas, from Freeport, Cross, Munsey Building, Washington, transporting: General commodities (ex­ Tex., to points in Colorado. Note: If a D.C., and Allen Foss, First National Bank cept those of unusual value, and except hearing is deemed necessary, applicant Building, Fargo, N. Dak. Authority classes A and B explosives, household requests it be held at Denver, Colo. sought to operate as a common carrier, goods as defined by the Commission, No. MC 117815 (Sub-No. 61), filed by motor vehicle, over irregular routes, commodities in bulk, and those requir­ August 20, 1965. Applicant: PULLEY transporting : Buildings, complete or in ing special equipment), serving points FREIGHT LINES, INC., 2341 Easton sections traveling on their own or with within a radius of ten (10) miles of Cedar Boulevard, Des Moines, Iowa. Authority hitchball coupler, between points in Springs, Ga., as off-route points in con­ sought to operate as a common carrier, Iowa, on the one hand, and, on the other, nection with applicant’s regular-route by motor vehicle, over irregular routes, transporting: Decorating or preserva­ points in the United States, including operations. N o t e : If a hearing is deemed points in Alaska (but excluding points necessary, applicant requests it be held at tive materials, supplies and equipment, in Hawaii). N o t e : If a hearing is Dothan, Ala. paint, painting materials, supplies and deemed necessary, applicant did not spe­ No. MC 116763 (Sub-No. 60), filed equipment:, engine coolant, lubricating cify any particular area. August 20,1965. Applicant: CARL SUB- oil in containers, cleaning compounds, No. MC 116073 (Sub-No. 35) filed LER TRUCKING, INC., North West glue and advertising materials, from Chi­ August 19, 1965. Applicant: BARRETT Street, Versailles, Ohio. Authority cago Heights, 111., to points in Iowa, MOBILE HOME TRANSPORT, INC., sought to operate as a common carrier, Minnesota, Nebraska, North Dakota, and 1825 Main Avenue, Moorhead, Minn. by motor vehicle, over irregular routes, South Dakota. N o t e : If a hearing » Applicant’s representatives: Donald E. transporting: (1) Building supplies and deemed necessary, applicant requests it Cross, Munsey Building, Washington, building materials, from points in Illi­ be held at Minneapolis, Minn., or D.C., and Allen Foss, First National Bank nois, Indiana, Ohio, and Michigan, to Chicago, HI. , Building, Fargo, N. Dak. Authority points in Georgia and Florida, (2) sewer No. MC 117883 (Sub-No. 54) (Amend­ sought to operate as a common carrier, pipe and related items, from points in ment) , filed August 16, 1965, published by motor vehicle, over irregular routes, Indiana and Owensboro, Ky., to points F ederal R egister issue of September i, transporting: Buildings complete or in in Florida, and (3) clay, from points in 1965, amended and republished, this sections traveling on their own or with Georgia and South Carolina, to points in issue. Applicant: SUBLER TRANS" removable undercarriages equipped with Connecticut, Illinois, Indiana, Maine, FER, INC., East Main Street, Versailles, hitchball coupler, between points in Massachusetts, Michigan, New Hamp­ Ohio. Authority sought to operate as a Arizona, on the one hand, and, on the shire, New Jersey, New York, Ohio, Penn­ common carrier, by motor vehicle, ove other, points in the United States, in­ sylvania, Rhode Island, and Vermont. irregular routes, transporting: 0le, cluding points in Alaska (but excluding N ote : If a hearing is deemed necessary, margarine, shortening, lard, tallow, saw Hawaii). N o t e : If a hearing is deemed applicant requests it be held at Colum­ dressings, salad oils, and table sauces, w necessary, applicant did not specify any bus, Ohio. vehicles equipped with mechanical re­ particular area. No. M C 117119 (Sub-No. 243), filed frigeration, from Jacksonville, HI-» a No. M C 116073 (Sub-No. 36), filed August 26, 1965. Applicant: WILLIS points within one (1) mile thereoi, August 19, 1965. Applicant: BARRETT SHAW FROZEN EXPRESS, INC., Elm points in Indiana, Iowa, Kansas, Micni- MOBILE HOME TRANSPORT, INC., Springs, Ark. Applicant’s respresenta- gan, Minnesota, Missouri, Nebra > 1825 Main Avenue, Moorhead, Minn. tive: John H. Joyce, 26 North College, Ohio, and Wisconsin, restricted again^ Applicant’s representatives: Donald E. Fayetteville, Ark. Authority sought to the transportation of the commodi Cross, Munsey Building, Washington, operate as a common carrier, by motor specified above in liquid form, in t D.C., and Allen Foss, First National Bank vehicle, over irregular routes, trans­ vehicles. N o t e : The purpose of tn& Building, Fargo, N. Dak. Authority porting: Meats, meat products, meat by­ amendment is (1) to add salad on®, sought to operate as a common carrier, products and articles distributed by meat the commodity description, (2) to by motor vehicle, over irregular routes, “in vehicles equipped with mechani transporting: Buildings complete or in packinghouses, as described in sections refrigeration”, and (3) to add tne sections traveling on their own or with A and C of appendix I to the report in removal undercarriages equipped with Descriptions in Motor Carrier Certifi­ striction. If a hearing is deemed n hitchball coupler, between points in cates, 61 M.C.C. 209 and 766, from Good­ sary, applicant does not specify a P Nebraska, on the one hand, and, on the ing, Idaho, and points within five (5) of hearing. Thursday, September 9, 1965 FEDERAL REGISTER 11551

No. MC 118130 (Sub-No. 35), filed Au­ and Henry Counties, Ky.; and (5) points Commodities, 74 M.C.C. 459), between gust 26, 1065. Applicant: BEN HAM ­ in Monroe, Lenawee, Hillsdale, Branch, points in Texas on and east of Texas RICK, INC., 2000 Chelsea Drive West, Calhoun, Jackson, Washtenow, Wayne, Highway 19 from the Texas-Oklahoma Port Worth, Tex. Applicant’s repre­ Macomb, Oakland, Livingston, Ingham, State line to Palestine, Tex., and on and sentative: M. W ard Bailey, 24th Floor, and Eaton Counties, Mich., restricted to north of U.S. Highway 84 from Palestine Continental Life Building, Fort Worth, shipments having a prior movement by to the Texas-Louisiana State line and Tex., 76102. Authority sought to oper­ rail moving in interstate or foreign com­ those points in-Louisiana on and north of ate as a common carrier, by motor ve­ merce. N o t e : The purpose of this re­ U.S. Highway 84, on the one hand, and, hicle, over irregular routes, transporting.: publication is to more clearly set forth on the other, points in Arizona, Alabama, Meats, meat products, meat "byproducts, the authority sought. If a hearing is Arkansas, Colorado, Florida, Georgia, dairy products, and articles distributed deemed necessary, applicant requests it Kansas, Tennessee, Illinois, Wyoming, by meat packinghouses, as described in be held at Washington, D.C. Montana, Utah, Louisiana, Mississippi, sections A, B, and C of appendix I to the No. MC 119384 (Sub-No. 8) (Amend­ Missouri, New Mexico, North Carolina, report in Descriptions in Motor Carriers ment) , filed July 6, 1965, published F ed­ South Carolina, Oklahoma, and Texas. Certificates, 61 M.C.C. 209 and 766, from eral R egister issue July 29,1965, amend­ N o t e : If a hearing is deemed necessary, Port Worth, Tex., and Clovis, N. Mex., ed August 25, 1965, and republished as applicant requests it be held at Shreve­ to points in Montana, North Dakota, amended this issue. Applicant: M OR­ port, La. South Dakota, and Wyoming. N ote : If TON TRUCK LINES, INC., 101 West No. MC 119777 (Sub-No. 42), filed Au­ a hearing is deemed necessary, applicant Willis Avenue, Perry, Iowa. Applicant’s gust 25, 1965. Applicant: LIGO N SPE­ requests it be held at Chicago, 111. representative: William A. Landau, 1307 CIALIZED HAULER, INC., Post Office No. MC 118130 (Sub-No. 36), filed Au­ East Walnut, Des Moines, Iowa. Au­ Box 31, Madisonville, Ky. Applicant’s gust 26, 1965. Applicant: BEN H AM ­ thority sought to operate as a common representative: Robert M. Pearce, Cen­ RICK, INC., 2000 Chelsea Drive West, carrier, by motor vehicle, over irregular tral Building, 1033 State Street, Bowling Port Worth, Tex. Applicant’s represent­ routes, transporting: Meats, meat prod­ Green, Ky. Authority sought to operate ative: M. Ward Bailey, 24th Floor, Con­ ucts, meat ^byproducts, and articles dis­ as a common carrier, by motor vehicle, tinental Life Building, Fort Worth, Tex., tributed by meat packinghouses, as de­ over irregular routes, transporting: Iron 76102. Authority sought to operate as a scribed in sections A and C of appendix and steel and iron and steel articles (ex­ common carrier, by motor vehicle, over I to the report in Descriptions in Motor cept those requiring special equipment), irregular routes, transporting: Meats, Carrier Certificates, 61 M.C.C. 209 and between Sterling and Rock Falls, HI., on meat products and meat byproducts, 766 (except hides and commodities in the one hand, and, on the other, points dairy products, and articles distributed bulk, in tank vehicles), from Perry, Iowa, in Alabama, Arkansas, Florida, Georgia, by meat packinghouses, as described in to points in Illinois, Minnesota, Ne­ Kentucky, Louisiana, Mississippi, North sections A, B, and C of appendix I to braska, Ohio, and Wisconsin, and those Carolina, Oklahoma, South Carolina, the report in Descriptions in Motor Car­ points in Indiana within the Chicago, HI., Tennessee, Texas, Virginia, and West rier Certificates, 61 M.C.C. 209 and 766, commercial zone, as defined by the Com­ Virginia. N ote: If a hearing is deemed from Port Worth, Tex., to points in Con­ mission. N o t e : The purpose of this re­ necessary, applicant requests it be held necticut, Delaware, District of Columbia, publication is to add Ohio as a destina­ at Louisville, Ky., or Nashville, Tenn. Maine, Maryland, Massachusetts, New tion State to those shown in previous No. MC 119778 (Sub-No. 88) (Amend­ Hampshire, New Jersey, New York, Penn­ publication. If a hearing is deemed nec­ ment), filed May 3, 1965, published F ed­ sylvania, Rhode Island, and Vermont. essary, applicant requests it be held at eral R egister issue of May 19, 1965, Note: If a hearing is deemed necessary, Des Moines, Iowa. amended August 16, 1965 and repub­ applicant requests it be held at Chicago, No. MC 119702 (Sub-No. 19), filed lished as amended this issue. Applicant: August 25, 1965. Applicant: STAHLY RED W ING CARRIERS, INC., Post Office No. MC 119164 (Sub-No. 19) (Amend­ CARTAGE CO., a corporation, Post Of­ Box 34, Powderly Station, Birmingham, ment) filed May 18, 1965, published in fice Box 481, Edwardsville, 111. Appli­ Ala., 35221. Applicant’s representative: Federal R egister issue of June 9, 1965, cant’s representative: Mack Stephenson, James A. Harkins (address same as ap­ amended August 24, 1965, and repub- 42 Fox Mill Lane, Springfield, 111., 62707. plicant). Authority sought to operate hshed as amended this issue. Applicant : Authority sought to operate as a com­ as a common carrier, by motor vehicle, J-E-M TRANSPORTATION CO., INC., mon carrier, by motor vehicle, over ir­ over irregular routes, transporting: 509 Liberty Street, Syracuse, N.Y., 13204. regular routes, transporting: Fertilizer Commodities in bulk, having a prior or Applicant’s representative: Charles H. and fertilizer ingredients, in bulk, be­ subsequent movement by rail, water, or Trayford, 220 East 42d Street, New York tween points in Illinois, Iowa, and Mis­ pipeline, between points in Alabama, A r­ 17, N.Y. Authority sought to operate souri. N o t e : If a hearing is deemed kansas, Florida, Georgia, Louisiana, Mis­ as a common carrier, by motor vehicle, necessary, applicant requests it be held sissippi, Missouri, Oklahoma, Tennessee, over irregular routes, transporting: Com­ in St. Louis, Mo. and Texas. N o t e : The purpose of this modities, in bulk, in tank or hopper type No. MC 119774 (Sub-No. 4), filed Au­ republication is to broaden the commod­ vehicles, from New York Central Sys- gust 26,1965. Applicant: M ARY ELLEN ity description. If a hearing is deemed pemrailterminals in Ohio, to (1) points STIDHAM, N. M. STIDHAM, A. E. M AN- necessary, applicant requests it be held Ohio; (2) points in Erie, Crawford, KINS AND JAMES E. M ANKINS, SR., at New Orleans, La., or Atlanta, Ga. mercer, Warren, Forest, Clarion, Arm- a partnership, doing business as EAGLE No. MC 119778 (Sub-No. 94), filed Au­ rong, Butler, Venango, Lawrence, TRUCKING COMPANY, Post Office Box gust 23, 1965. Applicant: RED W ING aver, Allegheny, Washington, Greene, 471, Kilgore, Tex. Applicant’s repre­ CARRIERS, INC., Post Office Box 34, Westmoreland, and Fayette Counties,' sentative: Ewell H. Muse, Jr., Suite 415, Powderly Station, Birmingham, Ala., I v Points in Marshall, Ohio, Perry Brooks Building, Austin, Tex., 35211. Applicant’s representative: James oke, Hancock, Mason, Jackson, Wood, 78701. Authority sought to operate as E. Wilson, 1735 K Street NW., Washing­ Tyler> Wetzel, Wirt, Clay, a common carrier, by motor vehicle, over ton, D.C., 20006. Authority sought to r .• Ritchie, Putnam, Cabill, Wayne, irregular routes, transporting: Contrac­ operate as a common carrier, by motor hmm0ln’ Kanawha, Boone, Roane, Cal- tors’ equipment, materials, machinery, vehicle, over irregular routes, transport­ fi., ’ tinier, Doddridge, and Logan and supplies, commodities, the transpor­ ing: Clay, in bulk, from Attatulgus, Ga., tation of which, because of size, weight, to points in Illinois, New Jersey, Ohio, Plovd S 2 * Va-: (4) Points in «k e . rpnpn T3Iaijtm’ Magoffin, Johnson, Law- or other physical characteristics, require Kentucky, and New York. N o t e : If a linn’ ?Pyd’ Greenup, Grant, Carter, El- the use of special equipment, rigging, or hearing is deemed necessary, applicant Wolfe* Lewis, Rowan, handling, together with parts and at­ requests it be held at Washington, D.C. W iZ 0we11’ Gallatin, Woodford, Jef- tachments thereto when moving in con­ No. MC 120543 (Sub-No. 30), filed August 31, 1965. Applicant: FLORIDA mif^Tur knoble, Anderson, Shelby, Car- nection therewith, and commodities , Mason, Robertson, Fleming, Bath, REFRIGERATED SERVICE, INC., U.S. weighing over 15,000 pounds and not re­ 301 North, Dade City, Fla. Applicant’s Montgomery, dark, Bourbon, Nicholas, quiring special equipment for loading, representative: Lawrence D. Fay, Post Vett ’ sPencer, Oldham, Bracken, Fa­ unloading or transportation (excluding Office Box 1086, Jacksonville, Fla. Au­ teli V?50?’ Harrison, Pendleton, Camp- oilfield and pipeline commodities as de­ thority sought to operate as a common . Kenton, Boone, Franklin, Bullitt, scribed in Mercer Extension-Oilfield carrier, by motor vehicle, over irregular 11552 NOTICES routes, transporting: General commod­ New York, Nolrth Carolina, North Da­ U B . Highway 30, thence over U.S. High­ ities (except those of unusual value, kota, Ohio, Oklahoma, Oregon, Penn­ way 30 to junction Alternate US. High­ classes A and B explosives, livestock, sylvania, Rhode Island, South Carolina, way 30, at or near Missouri Valley, Iowa, household goods as defined by the Com­ South Dakota, Tennessee, Texas, Utah, thence over Alternate U.S. Highway 30 to mission, commodities in bulk, commod­ Vermont, Virginia, Washington, West junction U.S. Highway 30, thence over ities requiring special equipment and Virginia, Wisconsin, and Wyoming. U.S. Highway 30 to Grand Island, Nebr, those injurious or contaminating to N o t e : Common control may be involved. and (c) from Chicago over Interstate other lading), between points in North If a hearing is deemed necessary, appli­ Highway 55 to junction Interstate High­ Carolina and South Carolina, on the one cant requests it be held at Denver, Colo. way 80, thence over Interstate Highway hand, and, on the other, points in No. MC 123479 (Sub-tfo. 5), filed Au­ 80 to junction Iowa Highway 90, thence Florida. N o t e : If a hearing is deemed gust 23, 1965. Applicant: ROY FRANK over Iowa Highway 90 to junction U.S. necessary, applicant requests it be held DANCE, doing business as DANCE’S Highway 6, thence over U S . Highway 6 at Tampa or Orlando, Fla., or Columbia, TRUCK LINE, Post Office Box 237, to junction U.S. Highway 275, thence s c Arcadia, La. Applicant’s representative: over U.S. Highway 275 to junction Al­ No. MC 123048 (Sub-No. 71), filed Harold R. Ainsworth, 2307 American ternate U.S. Highway 30, thence over August 23, 1965. Applicant: DIAMOND Bank Building, New Orleans 12, La. Au­ Alternate U.S. Highway 30 to junction TRANSPORTATION SYSTEM, INC., thority sought to operate as a contract UJS. Highway 30. 1919 Hamilton Avenue, Racine, Wis. carrier, by motor vehicle, over irregular Thence over U.S. Highway 30 to Authority sought to operate as a com­ routes, transporting: Plywood, from Grand Island, Nebr., and (2) from mon carrier, by motor vehicle, over ir­ points -in Lincoln, Jackson, and Winn Chicago, 111., to Grand Island, Nebr, (a) regular routes, transporting: (1) Agri­ Parishes, La., to points in Texas, points from Chicago over Interstate Highway cultural machinery (except those that in Shelby County, Tenn., points in that 90 to junction Alternate U.S. Highway require the use of special equipment or part of Arkansas on and south of UJ5. 30, thence over Alternate U.S. Highway special handling), from Owatonna, Highway 70, and points in that part of 30 to junction Illinois Highway 56, A/rinn,, to points in Arkansas, Connec­ Mississippi on and south of U.S. Highway thence over Illinois Highway 56 to junc­ ticut, Delaware, Florida, Louisiana, 78. N o t e : If a hearing is deemed neces­ tion U.S. Highway 30, thence over UJ5. Maine, Massachusetts, Nevada, New sary, applicant requests it be held at New Highway 30 to junction Interstate High­ Hampshire, New Jersey, North Carolina, Orleans, La. way 29, thence over Interstate Highway Rhode Island, South Carolina, and Ver­ No. MC 124078 (Sub-No. 155), filed 29 to junction Alternate U.S. Highway mont and rejected shipments, on return, August 23, 1965. Applicant: SCHWER- 30, thence over Alternate U S . Highway restricted to shipments originating at M AN TR UCK ING CO., a corporation, 30 to junction Interstate Highway 80, Owatonna, Minn.; and (2) self-propelled 611 South 28 Street, Milwaukee, Wis., thence over Interstate Highway 80 to loaders (except those that require the 53246. Applicant’s representative: James junction Nebraska Highway 15, thence use of special equipment or special han­ R. Ziperski (same address as applicant). over Nebraska Highway 15 to junction dling) , from Owatonna, Minn., to points Authority sought to operate as a com­ U.S. Highway 34, thence over US. High­ in the United States (except Alaska and mon carrier, by motor vehicle, over ir­ way 34 to Grand Island, Nebr., (b) from. Hawaii), and rejected shipments, on re­ regular routes, transporting: Corn prod­ Chicago as specified in (2) (a) to junc­ turn, restricted to shipments originating ucts (including but not restricted to corn tion Interstate Highway 80, thence over at Owatonna, Minn. N ote: If a hear­ grits, cornmeal, and com flour), in bulk, Interstate Highway 80 to junction U.S. ing is deemed necessary, applicant re­ in tank or hopper-type vehicles, from Highway 34, thence over U.S. Highway quests it be held at Chicago, HI., Madison, Milwaukee, Wis., to points in Minnesota. 34 to Grand Island, Nebr., (c) from Chi­ Wis., or Minneapolis, Minn. N o t e : If a hearing is deemed necessary, cago over Interstate Highway 55 to junc- • No. MC 123393 (Sub-No. 76), filed Au­ applicant requests it be held at Mil­ tion Interstate Highway 80, thence over gust 23, 1965. Applicant. BILYEU R E­ waukee, Wis. Interstate Highway 80 to junction Iowa FRIGERATED TRANSPORT CORPO­ No. MC 124170 (Sub-No. 8), filed Highway 90, thence over Iowa Highway RATION, 1914 East Blaine Street, August 20, 1965. Applicant: FROST- 90 to junction U.S. Highway 6, thence Springfield, Mo. Applicant’s repre­ W AYS, INC., 2450 Scotten, Detroit, over U.S. Highway 6 to junction Inter­ sentative: Herman W . Huber, 181 East Mich. Applicant's representative: Rob­ state Highway 80, thence over Inter­ High Street, Jefferson City, Mo. Au­ ert D. Schuler, Suite 1700, 1 Woodward state Highway 80 to junction U.S. High­ thority sought to operate as a common Avenue, Detroit, Mich., 48226. Authority way 281, thence over U.S. Highway 281 carrier, by motor vehicle, over irregular sought to operate as a common carrier, to Grand Island, Nebr., and (d) from routes, transporting: Food products, by motor vehicle, over irregular routes, Chicago over UJS. Highway 34 to Grand from California, Mo., to points in North transporting: Meats, meat products, and Island, Nebr. N ote: Applicant states it Carolina, South Carolina, Georgia, Ala­ meat byproducts, as described in ap­ will serve no intermediate points in w bama, and Florida and exempt com­ pendix I to the report in Descriptions in (a) thru (c) above, and the intermediate modities, on return. N o t e : If a hearing Motor Carrier Certificates, 61 M.C.C. 209 point of Lincoln, Nebr., in (2) (a) thru is deemed necessary, applicant requests and 766, from Detroit, Mich., to points (d) above. If a hearing is deemed necessary, applicant requests it be held it be held at Kansas City, St. Louis, or in Ohio and Pennsylvania. N o te : I f a Jefferson City, Mo. hearing is deemed necessary, applicant at Lincoln, Nebr. No. MC 123393 (Sub-No. 77), filed Au­ requests it be held at Detroit, Mich. No. MC 124211 (Sub-No. 51), filed Au­ gust 23, 1965. Applicant: BILYEU R E­ No. M C 124211 (Sub-No. 50), filed Au­ gust 16,1965. Applicant: HILT TRUCK. FRIGERATED TRANSPORT CORPO­ gust 16,1965. Applicant: HILT TRUCK LINE, INC., 3751 Sumner Street, Post O l- fice Box 824, Lincoln, Nebr. Applicants RATION, 1914 East Blaine Street, LINE, INC., 3751 Sumner Street, Post Springfield, Mo. Applicant’s representa­ Office Box 824, Lincoln, Nebr. Appli­ representative: J. Max Harding, Post tive: Herman W. Huber, 101 East High cant’s representative:' J. Max Harding, Office Box 2028, Lincoln, Nebr. Author­ Street, Jefferson City, Mo. Authority Post Office Box 2028, Lincoln, Nebr. Au­ ity sought to operate as a com m on car­ rier, by motor vehicle, over regular routes, sought to operate as a common carrier, thority sought to operate as a common transporting: Petroleum products, uj by motor vehicle, over irregular routes, carrier, by motor vehicle, over regular transporting: Meats, meat products, routes, transporting: Petroleum prod­ containers, food produets and c^nne, meat "byproducts, and articles distrib­ ucts, in containers, food products and goods, (A) from Kansas City, Mo., uted by meat packinghouses, from Ster­ canned goods (1) from Chicago, 111., to Grand Island, Nebr.; (1) from Kans ^ ling, Colo., and points within five (5) Grand Island, Nebr., (a) from Chicago, City over Interstate Highway 35 to junc miles, thereof, to points in Colorado, 111., over Interstate Highway 90 to junc­ tion Interstate Highway 70, thence ov Alabama, Arizona, Arkansas, California, tion Alternate U.S. Highway 30, thence Interstate Highway 70 (and US. Hig Connecticut, Delaware, District of Co­ over Alternate U B . Highway 30 to junc­ way 40) to junction U.S. Highway - lumbia, Florida, Georgia, Idaho, Illinois, tion Illinois Highway 56, thence over thence over U.S. Highway 77 to junction Indiana, Iowa, Kansas, Kentucky, Loui­ U B . Highway 24, at or near Leonarawi . siana, Maine, Maryland, Massachusetts, Illinois Highway 56 to junction U.S. Michigan, Minnesota, Mississippi, Mis­ Highway 30, thence over U B . Highway Kans., thence over U.S. Highway 2 souri, Montana, Nebraska, Nevada, New 30 to Grand Island, Nebr., (b) from junction Kansas Highway 181» * ® Hampshire, New Jersey, New Mexico, Chicago as specified in (a) to junction over Kansas Highway 181 to jun Thursday, September 9, 1965 FEDERAL REGISTER 11553

US. Highway 281, thence over UJ3. High­ Topeka, Kans., in (1) thru (5) above, plicant presently transports the above- way 281 to Grand Island, serving the in­ (6) from Kansas City over Interstate named commodities from Hastings, termediate point of Topeka, Kans., (2) Highway 35 to junction UH. Highway Nebr., to Chicago, HI., over irregular from Kansas City over UJS. Highway 24 40, thence over UH. Highway 40 to junc­ routes and the purpose of this applica­ to junction U.S. Highway 81, thence over tion UH. Highway 77, thence over U.S. tion is to change this operation from U.S. Highway 81 to junction UH. High­ Highway 77 to junction UH. Highway irregular to regular routes. If a hear­ way 34, thence over U.S. Highway 34 to 34, thence over UH. Highway 34 to Grand ing is deemed necessary, applicant re­ Grand Island, (3) from Kansas City over Island, serving Topeka, Kans. and Lin­ quests it be held at Lincoln, Nebr. Interstate Highway 29 to junction UH. coln, Nebr., as intermediate points, and No. MC 124576 (Sub-No. 4), filed Au­ Highway -36, thence over UH. Highway (7) from Kansas City over interstate gust 25, 1965. Applicant: W ILLIAM S 36 to junction UH. Highway 81, thence Highway 29 to junction U.S. Highway TRANSPORTATION, INC., Post Office over U.S. Highway 81 to junction U.S. 275, thence over U.S. Highway 275 to Box 182, Belle Fourche, S. Dak. Appli­ Highway 34, thence over UH . Highway junction U.S. Highway 136, thence over cant’s representative: Val M. Higgins, 34 to Grand Island, (4) from Kansas City UH. Highway 136 to junction Nebraska One Thousand First National Bank over Interstate Highway 29 to junction Highway 50, thence over Nebraska High­ Building, Minneapolis, Minn., 55402. U. S. Highway 36, thence over U.S. High­ way 50 to junction Nebraska Highway 2, Authority sought to operate as a contract way 36 to junction UH. Highway 281, thence over Nebraska Highway 2 to carrier, by motor vehicle, over irregular thence over UH. Highway 281 to Grand junction U.S. Highway 34, thence over routes, transporting: Brick, fire brick, Island, (5) from Kansas City over UH. U.S. Highway 34 to Grand Island, serv­ glazed tile, flue liners, and pallets, (1) Highway 24 to junction UH. Highway 75. ing Lincoln, Nebr., as an intermediate between Belle Fourche, S. Dak., on the Thence over UH. Highway 75 to junc­ point and Topeka, Kans., as an off-route one hand, and, on the other, points in tion UH. Highway 36, thence over UH. point. N ote: If a hearing is deemed Montana, Nebraska, North Dakota, and Highway 36 to junction UH. Highway necessary, applicant requests it be held Wyoming, (2) between Denver, Colo., on 281, thence over U.S. Highway 281 to at Lincoln, Nebr. the one hand, and, on the other, points Grand Island, (6) from Kansas City over No. MC 124211 (Sub-No. 52), filed in South Dakota, and (3) between He­ Interstate Highway 29 to junction U.S. August 16, 1965. Applicant: HILT bron, N. Dak., and points in South Da­ Highway 275, thence over UH. Highway TRUCK LINE, INC., 3751 Sumner Street, kota, Nebraska, and Wyoming. N ote: 275 to junction Alternate UH. Highway Post Office Box 824, Lincoln, Nebr. Ap­ Applicant states the proposed service to 30, thence over Alternate UH. Highway plicant’s representative: J. Max Harding, be on behalf of the account of Black 30 to junction U.S. Highway 30, thence Post Office Box 2028, Lincoln, Nebr. Hills Clay Products, Inc., of Belle over U.S. Highway 30 to Grand Island, Authority sought to operate as a com­ Fourche, S. Dak. If a hearing is deemed serving no intermediate points, but serv­ mon carrier, by motor vehicle, over regu­ necessary, applicant requests it be held ing Topeka, Kans., as an off-route point, lar routes, transporting: Hides and junk at Minneapolis, Minn. in (2) through (6) above, and (B ) from metal, from Hastings, Nebr., to Chicago, No. MC 124669 (Sub-No. 12), filed Au­ Kansas City, Mo., to Grand Island, Nebr., HI., (1) from Hastings over U.S. Highway gust 23, 1965. Applicant: TRANSPORT, <1) from Kansas City over Interstate 281 to junction Interstate Highway 80, INC., OF SOUTH DAKOTA, 1012 West Highway 29 to junction U.S. Highway 36, thence over Interstate Highway 80 to 41st Street, Sioux Falls, S. Dak. Appli­ thence over U.S. Highway 36 to junction junction U.S. Highway 6, at or near cant’s representative: Ronald B. Pitsen- U.S. Highway 73, thence over U.S. High­ Omaha, Nebr., thence over U.S. High­ barger, Post Office Box 396, Moorhead, way 73 to junction U.S. Highway 34, way 6 to junction Iowa Highway 90, Minn. Authority sought to operate as a thence over U.S. Highway 34 to Grand thence over Iowa Highway 90 to junc­ common carrier, by motor vehicle, over Island, (2) from Kansas City over Inter­ tion Interstate Highway 80, thence over irregular routes, transporting: Fertilizer state Highway 29 to junction U.S. High­ Interstate Highway 80 to junction Inter­ and fertilizer ingredients, including but way 36, thence over U.S. Highway 36 to state Highway 55, thence over Interstate not limited to anhydrous ammonia, ni­ junction UH. Highway 75, thence over Highway 55 to Chicago, HI., (2) from trogen fertilizer solutions, and aqua am­ U.S. Highway 75 to junction Nebraska Hastings over U.S. Highway 281 to junc­ monia, in bulk, from the plantsite of Highway 2, thence over Nebraska High­ tion Interstate Highway 80, thence over Tuloma Gas Products facility at Bur­ way 2 to junction U.S. Highway 34, Interstate Highway 80 to junction Inter­ lington, Iowa, to points in Hlinois, In­ mence over U.S. Highway 34 to Grand state Highway 55, thence over Interstate diana, Michigan, Minnesota, Missouri, «land, (3) from Kansas City over Inter­ Highway 55 to Chicago, 111., (3) from Nebraska, South Dakota, and Wisconsin. state Highway 29 to junction Interstate Hastings over U.S. Highway 281 to junc­ N ote: If a hearing is deemed necessary Highway 80, thence over Interstate High­ tion UJS. Highway 34, thence over U.S. applicant requests it be held at Chicago, way 80 to junction U.S. Highway 281, Highway 34 to Chicago, HI., (4) from HI. thence over U.S. Highway 281 to Grand Hastings over U.S. Highway 6 to junc­ No. MC 124774 (Sub-No. 26), filed island, (4) from Kansas City over U.S. tion U.S. Highway 77, thence over U.S. August 25, 1965. Applicant: CARA- Highways 24 and 40 to junction U.S. Highway 77 to junction Interstate VELLE EXPRESS, INC., Post Office Box Highway 73, thence over UH ; Highway 73 Highway 80, thence over Interstate High­ 384, Norfolk, Nebr. Authority sought to «•junction U.S. Highway 36, thence over way 80 to junction U.S. Highway 6, at or operate as a common carrier, by motor U b- Highway 36 to junction U.S. High­ near Omaha, Nebr., thence over U.S. vehicle, over irregular routes, transport­ way 77, thence over U.S. Highway 77 to Highway 6 to junction Iowa Highway 90, ing: Meats, meat products, meat by­ junction Interstate Highway 80, thence thence over Iowa Highway 90 to junction products and articles distributed by meat packinghouses, as described in sec­ rror .interstate Highway 80 to junction Interstate Highway 80, thence over u-b. Highway 281, thence over U.S. ffigh- Interstate Highway 80 to junction Inter­ tions A and C of appendix I to the report in Descriptions in Motor Carrier Certifi­ Grand Island, (5) from Kan- state Highway 55, thence over Interstate as Crty over UH. Highway 24 to junction Highway 55 to Chicago, HI., (5) from cates, 61 M.C.C. 209 and 766, from points U-S. Highway 75. Hastings over U.S. Highway 6 to junc­ in Adams County, Nebr., to points in Col­ tion U.S. Highway 77, thence over U.S. orado, South Dakota, Wisconsin, Minne­ over u -s - Highway 75 to junc- sota, Iowa, Kansas, Missouri, Hlinois, u -s - Highway 36, thence over U.S. Highway 77 to junction Interstate Indiana, Michigan, Kentucky and Ohio, Highway 36 to junction Kansas Highway Highway 80, thence over Interstate High­ and exempt commodities, on return. in«+^ence over Kansas Highway 63 to way 80 to junction Interstate Highway 55, thence over Interstate Highway 55, Note: If a hearing is deemed necessary, ÌS ? ì10nxTN^braska Highway 50 at the applicant requests it be held at Lincoln, "^hsas-Nebraska State line, thence over to Chicago, HI., (6) from Hastings Nebr. b S S ffe - ? ighway 50 to junction Ne- over U.S. Highway 6 to junction In­ terstate Highway 55, thence over In ­ No. MC 125626 (Sub-No. 3), filed Wiav.a Highway 2, thence over Nebraska August 20, 1965. Applicant: WILLIAMS terstate Highway 55 to Chicago, HI., wav i Kay*^ to iunction Nebraska High- TRUCKING, INC., Box 363, Lisbon, ay 15, thence over Nebraska Highway and (7) from Hastings over U.S. Ohio. Applicant’s representative: Earl nvÌ0^ Ction U S- Highway 34, thence Highway 6 to junction U.S. Highway N. Merwin, 85 East Gay Street, Colum­ u -s- Highway 34 to Grand Island, 34, thence over U.S. Highway 34 to Chi­ bus 15, Ohio. Authority sought to op­ cnin I t Intermediate point of Lin- cago, 111., serving no intermediate points erate as a contract carrier, by motor , Nebr., and the off-route point of in (1) through (7) inclusive. N ote: Ap­ vehicle, over irregular routes, transport- No. 174r -8 11554 NOTICES ing: Building materials (except stone, fly to the following restriction: No service 78701. Authority sought to operate as a ash, clay, refractory products and bulk shall be performed under the authority common carrier, by motor vehicle, over commodities in dump trucks), between granted herein for any bank or banking irregular routes, transporting: Resins, Alliance, Ohio, on the one hand, and, on institution; namely, any national bank, synthetic, liquid and dry, in bulk, from the other, points in New York, Maryland, State Bank, Federal Reserve bank, sav­ points in Angelina County, Tex,, to points Kentucky, and West Virginia (except ings and loan association, or savings in Alabama, Arkansas, Georgia, Ten­ points in Hancock, Brooke, Ohio, and bank. N ote: Applicant is authorized to nessee (except Kingsport), Florida, Marshall Counties). N ote: Applicant conduct operations as a contract car­ Louisiana, Mississippi, Missouri, and states that the above-proposed operation rier in Permit No. MC 123304 and subs, Oklahoma. N ote : If a hearing is deemed will be under a continuing contract with therefore, dual operations may be in­ necessary, applicant requests it be held Wood Conversion Co., Alliance, Ohio. volved. If a hearing is deemed neces­ at Houston, Tex. If a hearing is deemed necessary, appli­ sary, applicant requests it be held at No. MC 127332 (Sub-No. 1), filed Au­ cant requests it be held at Columbus, New Orleans, La. gust 19,' 1965. Applicant: TRI-STATE Ohio. No. MC 127235 (Sub-No. 6), filed HAULING, INC., Highway 90, Post Office No. MC 125770 (Sub-No. 4), filed July 29, 1965. Applicant: GLENN E. Box 373, Theodore, Ala. Applicant’s August 18, 1965. Applicant: SPIEGEL SCHNEIDER, doing business as representative: L. A. Parish, 61 St. TRUCKING, INC., 504 Essex Street, SCHNEIDER TRANSIT, 216 Teddy Ave­ Joseph Street, Post Office Box 231, Harrison, N.J. Applicant’s representa­ nue, Hartford, Wis. Applicant’s repre­ Mobile, Ala. Authority sought to operate tive: Leroy Danziger, 334 King Road, sentative: Donald B. Taylor, Box 5068, as a common carrier, by motor vehicle, North Brunswick, N.J. Authority sought Minneapolis, Minn., 55406. Authority over irregular routes, transporting: Con­ to operate as a contract carrier, by motor sought to operate as a common carrier, struction and maintenance aggregates vehicle, over irregular routes, transport­ by motor vehicle, over irregular routes, and materials; namely, ballast, rock or ing: Paint, enamel, lacquer, and varnish, transporting: Insulation materials, from stone; chert, cinders, clay, clay gravel, in containers, from Irvington, N.J., to Woodland, Wis., to points in Illinois on cobblestones, dirt, gravel, jetty stone, Portsmouth, N.H., Newport, R.I., Hing- and north of U.S. Highway 30, points limestone, crushed, broken, ground, ham, Mass., Franconia, Norfolk, and within the Chicago, HI., commercial sludge; riprap stone, rock, sandstone, Portsmouth, Va., Atlanta, Savannah, zone, as defined by the Commission and sand, shells, clams, oyster, mussel or East Point, Albany, Fort Gordon, and Dubuque, Iowa. N ote: If a hearing is coquina; slag, stone, marble or granite, Fort Benning, Ga., Fort Bragg, Camp deemed necessary, applicant requests it broken, crushed, ground; stone, natural Lejeune and Cherry Point, N.C., Fort be held at Minneapolis, Minn. asphalt, and paving mixes; namely, one Jackson and Charleston, S.C., Bynum, No. MC 127240 (Sub-No. 1), filed Au­ or more of the above aggregates to which Ala., Shelby, Ohio, Chicago, 111., Kansas gust 25, 1965. Applicant: JOHNNIE has been added oil, tar, lime or asphalt, City, Mo., Fort Worth, Tex., Denver, STRINGER MOVING & STORAGE, a between points in Mobile, Baldwin, Colo., Albuquerque and Holloman Air corporation, Highway 13 North, Colum­ Escambia, Covington, Geneva, and Force Base, N. Mex., Clearfield, Utah, bia, Miss. Applicant’s representative: Houston Counties, Ala., on the one hand, Philadelphia, Pa., Bell, Stockton, Oak­ Sebe Dale, Jr., 309 Church Street, New­ and, on the other, points in Escambia, land, Barstown, and Fort Ord, Calif., som Building, Columbia, Miss. Author­ Santa Rosa, Okaloosa, Walton, Holmes, and Auburn, Wash., and refused and re­ ity sought to operate as a common car­ Washington, and Jackson Counties, Fla. jected shipments, on return, restricted rier, by motor vehicle, over irregular N ote: If a hearing is deemed necessary, to a transportation service to be per­ routes, transporting: Household goods, applicant requests it be held at Mobile, formed under a continuing contract or as defined by the Commission, (1) be­ Ala. contracts with Atlas Paint & Varnish Co., tween Biloxi, Miss., and Columbia, Miss., No. MC 127416 (Amendment), filed Irvington, N.J. N ote: If a hearing is and (2) between points in Marion, Jef­ July 8, 1965, published in F ederal Reg­ deemed necessary, applicant requests it ferson Davis, Walthall, Lamar, Law­ ister issue of July 29, 1965, amended be held at Washington, D.C. rence, Covington, and Pike Counties, August 30, 1965, and republished as No. MC 125777 (Sub-No. 79), filed Miss., restricted, however to the han­ amended this issue. Applicant: RUS­ August 24, 1965. Applicant: JACK dling of traffic having a prior or subse­ SELL TRANSPORT LIMITED, 246 Gra- GRAY TRANSPORT, INC., 3200 Gibson quent out-of-State movement. N ote: burn Avenue, Oshawa, Ontario, Canada. Transfer Road, Hammond, Ind. Appli­ If a hearing is deemed necessary, appli­ Applicant’s representative: Walter N. cant’s representative: David Axelrod, cant requests it be held at Jackson, Miss. Bieneman, Suite 1700, 1 Woodward Ave­ 39 South La Salle Street, Chicago 3, 111. No. MC 127251 (Sub-No. 2), filed Au­ nue, Detroit, Mich., 48226. Authority Authority sought to operate as a com­ gust 25, 1965. Applicant: C. T. M ONT­ sought to operate as a common carrier, mon carrier, by motor vehicle, over ir­ GOMERY, Post Office Box 241, Sun­ by motor vehicle, over irregular routes, regular routes, transporting: Feed and flower, Miss. Applicant’s representa­ transporting: Automobiles, trucks and fertilizer, in dump vehicles, from Detroit, tive: Harold D. Miller, Jr., Suite 700, buses, as defined in Descriptions in Motor Mich., to points in Indiana. N ote: If a Petroleum Building, Post Office Box 1250, Carriers Certificates, 61 M.C.C. 209 and hearing is deemed necessary, applicant Jackson, Miss., 39205. Authority sought 766, in initial and secondary movements, requests it be held at Detroit, Mich. to operate as a contract carrier, by motor in driveway and truckway service and No. MC 126745 (Sub-No. 9), filed Au­ vehicle, over irregular routes, transport­ parts and accessories thereof, moving at gust 26, 1965. Applicant: SOUTHERN ing: (1) Processed clay and agricultural the same time and with the vehicles o COURIERS INC., 222-17 Northern Bou­ insecticides, except in bulk, from points which they are a part and on which they levard, Bayside, N.Y. Applicant’s rep­ in Alabama to the plantsite of American are to be installed, (1) between the po resentative: Ewell H. Muse, Jr., Suite Cyanamid Co. near Indianola, Miss.; and of entry located on the international 415, Perry-Brooks Building, Austin, Tex., (2) agricultural insecticides, except in boundary line between the United Sta 78701. Authority sought to operate as bulk, from points in Tennessee on and and Canada located on the St. l a common carrier, by motor vehicle, over west of U.S. Highway 127 to the plantsite R iver at or near Port Huron, Mich., a irregular routes, transporting: (1) Ex­ of American Cyanamid Co. near In­ Port Huron, Mich., (2) between the port posed and processed film and prints, com­ dianola, Miss. N ote: Applicant states of entry located on the internatio __ plimentary replacement film, incidental that the proposed service will be under boundary line between the United State» dealer handling supplies and advertising a continuing contract with American and Canada located on the Detroit., literature moved therewith (excluding Cyanamid Co. If a hearing is deemed at or near Detroit, Mich., and Det ' theater and television exhibition) , be­ necessary, applicant requests it be held Mich.; (3) between the ports of « J * tween Westwego, La., on the one hand, at Jackson, Miss. located on the international boundary and, on the other, Jackson, Laurel, No. MC 127253 (Sub-No. 18), filed line between the United States_ Meridian, and Hattiesburg, Miss., and August 26, 1965. Applicant: GRACE Canada located on the Niagara (2) business papers, records and audit T.RE CORBETT, doing business as R. A. and Buffalo, Niagara Falls, and Le and accounting media (excluding plant CORBETT TRANSPORT, Post Office N.Y'.; and (4) between the ports of ® removals), between Birmingham, Ala., Box 86, Lufkin, Tex. Applicant’s repre­ located on the international bo on the one hand, and, on the other, line between the United State* points in Georgia. Restriction: The sentative: Ewell H. Muse, Jr., Suite 415, Canada located on the St. La operations applied for herein are subject Perry Brooks Building, Austin, Tex., Thursday, September 9, 1965 FEDERAL REGISTER 11555

River, and Massena, Ogdensburg, and posed service to be under continuing con­ between said plants of the United States Watertown, N.Y. N ote : Applicant states tract or contracts with The Sucher Concrete Pipe Co., located in Palmyra that the above proposed operation will Packing Co. of Dayton, Ohio. If a hear­ Township, Portage County, Ohio, and at be restricted to traffic originating at or ing is deemed necessary, applicant re­ or near Oakdale, and Corydon, Pa.; destined to points in Canada and inter­ quests it be held at Cincinnati, Ohio. Relay, Md., and Portage, Mich. N ote: lined with connecting carriers in the No. MC 127522, filed August 16, 1965. Applicant states the above proposed op­ United States. The purpose of this re­ Applicant: V. J. FINSTER, doing busi­ erations will be under a continuing con­ publication is to broaden the territorial ness as FINSTER TR UCK ING CO., 376 tract with the United States Concrete description and to add certain restric­ West 12th Street, Peril, Ind. Applicant’s Pipe Co. If a hearing is deemed neces­ tions, If a hearing is deemed necessary, representative: Donald W . Smith, Suite sary, applicant requests it be held at applicant requests it be held at Buffalo, 511, Fidelity Building, Indianapolis, Ind. Columbus, Ohio. N.Y.. Authority sought to operate as a con­ No. MC 127529 filed August 25, 1965. No. MC 127441 (Amendment), filed tract carrier, by motor vehicle, over ir­ Applicant: H ENRY TR U CK ING CO., July 16,1965, published F ederal R egister regular routes, transporting: (1) Iron INC., 210 West Main, Steelville, HI. Ap­ issue August 4,1965, amended August 25, castings, from Peru, Ind., to Sidney, Van- plicant’s representative: Robert T. Law- 1965, and republished as amended this dalia, Greenville, Dayton, Troy, Colum­ ley, 306-308 Reisch' Building, Springfield, issue. Applicant: LAWRENCE CAR­ bus, Bucyrus, Galion, and Kenton, Ohio, 111. Authority sought to operate as a RIERS, LTD., 1555 Grand Concourse, Syracuse, N.Y., St. Joe, Mich., Omaha, common carrier, by motor vehicle, over New York 52, N.Y. Applicant’s attorney: Nebr., and Joplin, Mo., and (2) foundry irregular routes, transporting: Bakery Arthur J. Piken, 160-16 Jamaica Avenue, supplies, from Cincinnati and Galion, goods, from Melrose Park, HI., to Mc­ Jamaica 32, N.Y. Authority sought to Ohio, to Peru, Ind. N ote: If a hearing Clure, 111. N ote : H a hearing is deemed operate as a common carrier, by motor is deemed necessary, applicant requests necessary, applicant requests it be held vehicle, over irregular routes, transport­ it be held at Indianapolis, Ind. at Springfield, HI. ing: Salt, (a) between points in Nassau, No. MC 127526, filed August 20, 1965. No. MC 127530 filed August 25, 1965. Suffolk, Westchester, Putnam, Duchess, Applicant: CECIL N. BUCHOLZ, 201 2d Applicant: JOHNNY’S SERVICE GA­ Orange, and Rockland Counties, N.Y., Avenue SW., Watertown, S. Dak. RAGE, INC., 953 Lexington Avenue, Clif­ and New York, N.Y.; Fairfield, New Applicant’s representative: Daniel K. ton, N.J., 07011. Applicant’s representa­ Haven, Hartford, and Litchfield Coun­ Loucks, 17 2d Avenue SW., Watertown, tive: John M. Zachara, Post Office Box ties, Conn., and Philadelphia, Delaware, S. Dak., 57201. Authority sought to 2860, Paterson, N.J., 07509. Authority Montgomery, and Bucks Counties, Pa., operate as a contract carrier, by motor sought to operate as a common carrier, and (b) from the above-mentioned coun­ vehicle, over irregular routes, transport­ by motor vehicle, over irregular routes,, ties to points in New Jersey north of ing: Beer and in connection therewith, transporting : (1) Motor and other high­ and including Burlington and Camden supplies and advertising matter, from way vehicles designed for general high­ Counties, N.J. N ote : The purpose of Minneapolis and St. Paul, Minn., to way transportation, fork lift trucks, car this republication is to add New York, Watertown, S. Dak. N ote: Applicant and truck cranes, house trailers and re­ N.Y., to the territorial description in (a) states that the above proposed operation placements thereof, which are wrecked above. If a hearing is deemed necessary, will be under contract with George L. and disabled, with or without cargo, by applicant requests it be held at New Kahnke, doing business as Kahnke wrecker equipment only and dollies York, N.Y. I Watertown Beverage Co., Watertown, where said vehicles are in such condi­ No. MC 127492, filed August 9, 1965. S. Dak. If a hearing is deemed neces­ tion that the vehicles cannot be towed, Applicant: JOHN P. GROCE, doing busi­ sary, applicant requests it be held at and (2) replacement vehicles and equip­ ness as CITY DELIVERY & ERRANDS Watertown, S. Dak. ment from wrecked or disabled vehicles, SERVICE, 2302 Laurens Road, Green- No. MC 127527, filed August 23, 1965. by wrecker service only, between points I p 6» S.C. Applicant’s representative: Applicant: CARL W. REAGAN, doing in New Jersey, New York, New Hamp­ Henry p. Willimon, Greenville, S.C. business as SOUTHEAST TRUCKING shire, Vermont, Maine, Massachusetts, Authority sought to operate as a con­ CO., 8372 State Route 18, Rural Delivery Rhode Island, Connecticut, Pennsyl­ tract carrier, by motor vehicle, over ir­ No. 6, Ravenna, Ohio. Applicant’s rep­ vania, Delaware, Maryland, Ohio, Vir­ regular routes, transporting: Cosmetics, resentative: Robert N. Krier; 3430 Le- ginia, and the District of Columbia. from Greenville, S.C., to points in Abbe­ Veque-Linceln Tower, 50 West Broad N ote: If a hearing is deemed necessary, ville, Aiken, Anderson, Cherokee, Ches­ Street, Columbus, Ohio, 43215. Author­ applicant does not specify place of ter, Chesterfield, Edgefield, Greenville, ity sought to operate as a contract car­ hearing. Greenwood, Lancaster, Laurens, McCor­ rier, by motor vehicle, over irregular No. MC 127532, filed August 23, 1965. mick, Newberry, Oconee, Pickens, Saluda, routes, transporting: (1) Clay products, Applicant: THURMAN FERREE, doing Spartanburg, Union, and York Counties, sewer pipe, clay or concrete, with or business as FERREE MESSENGER S.C. Note: Applicant states the above without plastic, rubber, mastic, or syn­ SERVICE, 7222 Jackson Street, Ham­ Proposed operations will be under a con­ thetic joints, clay wall coping and con­ mond, Ind. Applicant’s representative: tinuing contract with Avon Products, crete manholes and cones, together with Donald W . Smith, Suite 511, Fidelity hie. If a hearing is deemed necessary, fittings and related articles and mate­ Building, Indianapolis, Ind., 46204. Au­ applicant requests it be held at Columbia, rials used in the installation of such thority sought to operate as a common commodities, including, but not limited carrier, by motor vehicle, over irregular No. MC 127515, filed August 16, 19( to, lubricants, plastic bonding materials routes, transporting: Packaged, unpack­ Applicant: JOHN W . SHEARER, JI and adhesives, from the plant of the aged general merchandise, parts, sup­ «Ural Route 1, Brookville, Ohio. App! United States Concrete Pipe Co. located plies, isotopes, blood plasma, medicines, cants representative: Jack B. Josselso in Palmyra Township, Portage County, human remains, business papers, records, iSno B »n£ Building, Cincinnati, Ohi Ohio, to points in Delaware, Michigan, currency, checks and other documents in Authority sought to operate as Maryland, New Jersey, New York, Penn­ a parcel delivery messenger service, be­ carrier, by motor vehicle, ov sylvania, West Virginia, and the Dis­ tween Chicago, HI., on the one hand, and, Flutes, transporting: Mea trict of Columbia, and rejected and dam­ on the other, points in Lake, La Porte, nruni WoAucts, meat byproducts, ai aged shipments, on return; (2) iron and and Porter Counties, Ind. N ote: If a hrynJf8 distributed by meat packin steel forms and steel reinforcing mesh hearing is deemed necessary, applicant j® as described in sections A and used in the making of concrete pipe, requests it be held' at Indianapolis, Ind., 1 the reP°rt in Descri manholes and cones (a) from points in or Chicago, HI. iS m ^ J X 0** Carriers Certificates, Delaware, Michigan, Maryland, New No. MC 127533, filed August 24, 1965. to 0 ? and 766, frc»n Dayton, Ohi Jersey, New York, Ohio, Pennsylvania, Applicant: RICHARDSON TRUCKS IN­ iri Alabama. Florida, Georg] West Virginia, and District of Colum­ CORPORATED, 2136 East Kemey, & P » ^ssissippi, North Carolin bia, to the plants of the United States Springfield, Mo. Applicant’s represent­ andt»v,£a+0Lina’ Tennessee, and Virgin] Concrete Pipe Co. located in Palmyra ative: Thomas Skutt, 1022 First N a­ thn 3ecte& and returned shipments Township, Portage County, Ohio, and at tional Bank Building, Omaha, Nebr. co™ ° d ities specified above, on r or near Oakdale, and Corydon, Pa.; Re­ Authority sought to operate as a common • Note: Applicant states the pr lay, Md., and Portage, Mich., and (b) carrier, by motor vehicle, over irregular 11556 NOTICES routes, transporting: Corn oil, coconut thority sought to operate as a common (b) from Sedro Wooley over Washington oil, and soybean oil, in tank vehicles, (1) carrier, by motor vehicle, over irregular Highway 20 (formerly Washington High- from Chicago, HI., to Springfield, Monett, routes, transporting: Newspapers and way 16) to Burlington, Wash., thence Eldorado Springs, and Lebanon, Mo.; newspaper inserts and supplements, be­ over U.S. Highway 99 to Mount Vernon and (2) from Decatur, HI., to Springfield, tween Albany and Troy, N.Y., on the and return over the same route, serving Cabool, Monett, Eldorado Springs, and one hand, and, on the other, Amsterdam, all intermediate points; (c) from Sedro Lebanon, Mo. N o t e : If a hearing is Schenectady, Gloversville, Glens Falls, Wooley over Cook Road to Burlington, deemed necessary, applicant requests it Plattsburg, Rochester, Saranac Lake, Wash., thence over U.S. Highway 99 to be held at Kansas City, Mo. Saratoga Springs, Syracuse, Utica, N.Y., Mount Vernon and return over the same No. MC 127534, filed August 24, 1965. Brattleboro, Burlington, Rutland, Vt., route, serving all intermediate points; Applicant: CHARLTON TRANSPORT West Lebanon and Keene, N.H. N ote: (3) between Seattle, Wash., and Ana- LIMITED, Oshawa, Ontario, Canada. If a hearing is deemed necessary, appli­ cortes, Wash.; from Seattle over U.S. Applicant’s representative: Walter N. cant requests it be held at Washington, Highway 99 to junction Washington Bieneman, Suite 1700, One Woodward D.C. Highway 525, thence over Washington Highway 525 to Mukilteo, Wash., thence Avenue, Detroit, Mich., 48226. Authority M otor Carriers of P assengers sought to operate as a common carrier, by ferry to Whidbey Island and Wash­ by motor vehicle, over irregular routes, No. MC 109763 (Sub-No. 7), filed Au­ ington Highway 525 (formerly Washing­ transporting: Automobiles, trucks, and gust 27, 1965. Applicant: PAUL W . ton Highway I D ), thence over Washing­ buses, as defined by the Commission in WOLF, doing business as W O LF’S BUS ton Highway 525 to Anacortes, Wash., Descriptions in Motor Carrier Certifi­ LINE, York Springs, Pa. Applicant’s and return over the same route, serving cates, 61 M.C.C. 209 and 766, including representative: Christian V. Graf, 407 all intermediate points and serving all parts and accessories thereof, moving at North Front Street, Harrisburg, Pa. off-route points on Whidbey Island; (4) the same time and with the vehicle of Authority sought to operate as a com­ between Seattle, Wash., and East En­ which they are a part and on which they mon carrier, by motor vehicle, over trance of Paine Field; from Seattle over are to be installed, via truckaway and irregular routes, transporting: Passen­ Washington Highway 1 to junction Flem­ ing Way, thence over Fleming Way to driveaway methods, in initial and sec­ gers and their baggage, in round-trip junction Edmonds Beverly Park Road, ondary movements, (1) between the port special operations, beginning and end­ thence over Edmonds Beverly Park Road of entry located on the international ing at points in Cumberland County, Pa. to junction Airport W ay South, thence boundary line between the United States (except Grantham), and at points in over Airport Way South to East Entrance and Canada located on the St. Clair Dauphin and Perry Counties, Pa.*, and of Paine Field (also over Airport Way River at or near Port Huron, Mich., and extending to points in Maine, New. South to Army Housing Project at South­ Port Huron, Mich.; (2) between the port Hampshire, Vermont, Massachusetts, west corner of Paine Field), and return of entry located on the international Connecticut, Rhode Island, New York, over the same route, serving all inter* boundary line between the United States New Jersey, Delaware, Maryland, Vir­ mediate points; (5) between Mukilteo, and Canada located on the Detroit ginia, West Virginia, North Carolina, Wash., and Everett, Wash., over the Mu- River at or near Detroit, Mich., and De­ South Carolina, Georgia, Florida, Ala­ kilteo-Everett Highway, serving all in­ troit, Mich.; (3) between the ports of bama, Mississippi, Louisiana, Tennessee, termediate points; and (6) between entry located on the international bound­ Kentucky, Ohio, Indiana, Illinois, Michi­ junction Mukilteo-Beverly Park Road ary line between the United States and gan, and the District of Columbia. and Emander Road, and junction Larson Canada located on the Niagara River, N o t e : If a hearing is deemed necessary, Road and Fleming Way; from junction and Buffalo, Niagara Falls, and Lewis­ applicant requests it be held at Harris­ Mukilteo-Beverly Park Road and Eman­ ton, N.Y.; and (4) between the ports of burg, Pa. No. MC 109763 (Sub-No. 8), filed Au­ der Road over Mukilteo-Beverly Park entry located on ^ the international Road to junction Larson Road, thence boundary line between the United States gust 27, 1965. Applicant: PAUL W. WOLF, doing business as W O LF’S BUS over Larson Road to Fleming Way and and Canada located on the St. Law­ return over the same route, serving all rence River, and Massena, Ogdensburg, LINE, York Springs, Pa.. Applicant’s intermediate points. N o t e : If a hearing and Watertown, N.Y. N o t e : Applicant representative: Christian V. Graf, 407 is deemed necessary, applicant requests states that the above proposed opera­ North Front Street, Harrisburg, Pa. Au­ it be held at Coupeville, Wash. tion will be restricted to traffic originat­ thority sought to operate as a common carrier, by motor vehicle, over irregular No. MC 123655 (Sub-No. 4), filed ing at or destined to points in Canada August 23,1965. Applicant: SOUTHERN and interlined with connecting carriers routes, transporting: Passengers and their baggage, restricted to traffic origi­ TIER STAGES, INC., 375 State Street, in the United States. If a hearing is Binghamton, N.Y., 13901. Applicant’s deemed necessary, applicant requests it nating in the territory indicated, in char­ representative: Herbert M. Canter, 345 be held at Buffalo, N.Y., or Detroit, Mich. ter operations, beginning and ending at South Warren Street, Syracuse, N.Y., No. MC 127535, filed August 25, 1965. points in York, Dauphin, Cumberland, 13202. Authority sought to operate as a Applicant: TROY NEWS COMPANY, and Perry Counties, Pa., and extending to common carrier, by motor vehicle, over INC., Post Office Box 696, Troy, N.Y. Ap­ points in the United States, including irregular routes, transporting: P&s~ plicant’s representative: Charles W. points in Alaska, but excluding points in sengers and their baggage, in special Singer, Tower Suite 3600, 33 North La Hawaii» N o t e : If a hearing is deemed operations, during the authorized rac­ Salle Street, Chicago, HI., 50602. Author­ necessary, applicant requests it be held ing season of each year, between ity sought to operate as a common car­ at Harrisburg, Pa. Binghamton, N.Y., and Pocono Downs rier, by motor vehicle, over irregular No. MC 120955 (Sub-No. 2), filed Au­ Racetrack located approximately 7 miles routes, transporting: Magazines, from gust 9, 1965. Applicant: BERTLY ARONSEN, doing business as ISLAND south of Scranton, Pa., and 3 miles north Albany and Troy, N.Y., to Amsterdam, of Wilkes-Barre, Pa., on Pennsylvania Schenectady, Glens Falls, Gloversville, EMPIRE BUS LINES, 621 Front Street, Highway 315. N o t e : If a hearing is Plattsburg, Rochester, Saranac Lake, Mukilteo, Wash., 98275. Authority deemed necessary, applicant requests it Saratoga Springs, Hudson, Kingston, sought to operate as a common carrier, be held at Binghamton, N.Y. Monticello, Middletown, Newburgh, by motor vehicle, over regular routes, transporting: Passengers and their bag­ Poughkeepsie, Syracuse, and Utica, N.Y.; A p p l ic a t io n for B rokerage L icense gage and express and newspapers, in the Brattleboro, Burlington, and Rutland, same vehicle with passengers, (1) be­ MOTOR CARRIER OF PASSENGERS Vt.; and West Lebanon and Keene, N.H. tween Mount Vernon, Wash., and Ana- N o t e : If a hearing is deemed necessary, No. MC 12965, filed August 23, 1965- cortes, Wash., over Washington Highway applicant requests it be held at Wash­ Applicant: MRS. R. V. (ZONA) ington, D.C. 536, serving all intermediate points; (2> BOUDREAU, 731 y2 Hampshire Street, between Sedro Wooley, Wash., and No. MC 127535 (Sub-No. 1),.filed Au­ Quincy, 111., 62301. For a license (BMC Mount Vernon, Wash.; (a) from Sedro 5) to engage in operations as a broker gust 25, 1965. Applicant: TR O Y NEWS Wooley over Washington Highway 9 to COMPANY, INC., Post Office Box 696, junction Washington Highway 538, at Quincy, HI., in arranging for the Troy, N.Y. Applicant’s representative: thence over Washington Highway 538 to transportation in interstate or foreign Charles W. Singer, Tower Suite 3600, 33 Mount Vernon and return over the same commerce, by motor vehicle, of North La Salle Street, Chicago, 111. Au­ route, serving all intermediate points; sengers and their baggage, in charte Thursday, September 9, 1965 FEDERAL REGISTER 11557

operations, between Quincy, 111., and St. ing: (1) Refractories, (a) from Ashland Highway 10, thence to Wilkes-Barre as Louis, Mo. and Taylor, Ky., and Portsmouth, Ohio, described above and return over the same F reight F orwarder A p p l ic a t io n to points in Indiana and Ohio (except route; (e) from Jersey City to Newark those on applicant’s authorized regular as described above, thence over New Jer­ No. FF-323 H. E. SUTTON— Freight routes, and except those on Ohio High­ sey Highway 23 to the New Jersey-New Forwarder Application, filed August 19, way 7 between Chesapeake and Belpre, York State line, thence over New York 1965. Applicant: H. E. SUTTON (Tex), Ohio), and empty containers and pallets Highway 23 to junction U.S. Highway 6, 244 Greenbriar Road, Lexington, Ky. used in transporting the commodities thence over U.S. Highway 6 through Authority sought under Part IV of the specified, on return, (b) from Oak Hill, junction Interstate Highway 84, near Interstate Commerce Act as a freight Ohio, to Cambridge City, Ind., and (c) Port Jervis, N.Y., to Milford, Pa., thence forwarder in interstate or foreign com­ from Hayward, Haldeman, Hitchins, and to Wilkes-Barre as described above (also merce, through the use of facilities of Olive Hill, Ky., to points in that part of from junction U.S. Highway 6 and Inter­ common carriers by express, rail, and Pennsylvania on and west of U.S. High­ state Highway 84, over Interstate High­ motor vehicle in the transportation of way 219, and empty pallets and skids way 84 to junction Interstate Highway (1) livestock and fowl (other than used in transporting the commodities on 81, thence to Wilkes-Barre as described ordinary) including race horses and return, and (2) "brick and refractories, above), and return over the same route; racing pigeons, polo ponies, and brand­ (a) from Ironton and Portsmouth, Ohio, (f ) from Jersey City to Newark, N.J., as ing, saddle, and showhorses, and (2) to points in Illinois and the Upper Penin­ described above, thence over Interstate equipment for racing stable and brand­ sula of Michigan, and (b) from Ashland, Highway 280 to junction Interstate ing farm and supplies used in the care, Olive Hill, Hitchins, and Grahn, Ky., and Highway' 80, - thence over Interstate exhibition, and raising of livestock and the plantsite of Charles Taylor Sons Co., Highway 80 to junction Interstate High­ fowl (other than ordinary), mascots, located near Fullerton, Ky., to points in way 81S, thence over Interstate Highway lead ponies, and the personal effects of Illinois and Michigan. 81S to Scranton, Pa., thence to Wilkes- the attendants and trainers, in the same No. MC 29684 (Sub-No. 2), filed March Barre as described above and return over vehicle with livestock and fowl (other 1, 1965. Applicant: BURGMEYER the same route; (g) from Jersey City than ordinary), between Lexington, Ky., BROS., INC., Post Office Box 192, Read­ to junction Interstate Highway 80 and and Los Angeles (Arcadia), Calif. ing, Pa. Applicant’s representative: 8 IS as described above. W ater Carrier A pplications David G. Macdonald, 1000 16th Street Thence over Interstate Highway 80 NW., Washington, D.C., 20036. Author­ through junction Pennsylvania Highway WATER CARRIER OF PASSENGERS ity sought to operate as a common car­ 115 near Blakeslee Corners, Pa., to No. W-1183 (Sub-No. 3) PADDLE rier, by motor vehicle over regular routes, Pocono Interchange (No. 35) of the WHEEL EXCURSIONS, INC. Common transporting: General commodities (ex­ northeast extension of the Pennsylvania Carrier Application— filed August 19, cept classes A and B explosives, house­ Turnpike, thence over the northeast ex­ 1965. Applicant: PADDLE W HEEL E X ­ hold goods as defined by the Commission, tension of the Pennsylvania Turnpike to CURSIONS, INC., 8341 Cheviot Road, commodities in bulk, commodities of junction Pennsylvania Highway 115, Cincinnati 39, Ohio. Application filed unusual value and commodities requir­ thence over Pennsylvania Highway 115 August 19, 1965, for a certificate, cover­ ing special equipment), (1) between Jer­ to Wilkes-Barre (also from junction ing a new operation under Part H I of the sey City, N.J., and Wilkes-Barre, Pa.; (a) Interstate Highway 80 and Pennsylvania Interstate Commerce Act, in seasonal from Jersey City over U.S. Highway 1 to Highway 115 near Blakeslee Corners over operation April 1st through October 31st junction New Jersey Highway 3, thence Pennsylvania Highway 115 to Wilkes- inclusive, in the transportation of pas­ over New Jersey Highway 3 to junction Barre) and return over the same route;' sengers in Excursion Boat Service for U.S. Highway 46 (also from Jersey City (h ) from Jersey City to Swift Water, Pa., recreational purposes, as follows: points over U.S. Highway 1 to junction U.S. as described above, thence over Penn­ in Ohio—Cincinnati, New Richmond, Highway 46), thence over U.S. Highway sylvania Highway 940 to Blakeslee Ripley, Higginsport, Manchester, Ports­ 46 through Dover, N.J., to junction U.S. Corners, Pa., thence to Wilkes-Barre as mouth, New Boston, and Ironton; points Highway 611, thence over U.S. Highway described above and return over the same in Kentucky— Louisville, Carrollton, 611 through Swift Water, Pa., to Scran­ route; (2) between Jersey City, N.J., and Warsaw, Augusta, Maysville, and Ash­ ton, Pa., thence over U.S. Highway 11 Harrisburg, Pa.; (a) from Jersey City to land; point in West Virginia— Hunting- to junction Pennsylvania Highway 315, Newark, N.J., as described above thence ton; and points in Indiana— New Albany, thence over Pennsylvania Highway 315 over U.S. Highway 22 through Somer­ Jeffersonville, Madison, Vevay, Rising to Wilkes-Barre (also from Scranton ville, N.J., and Allentown, Pa., to Harris­ Sun, Aurora, and Lawrenceburg. over Interstate Highway 81 to junction burg (also from Newark over Interstate WATER CARRIER OF PROPERTY Pennsylvania Highway 115, thence over Highway 78 to Harrisburg) and return Pennsylvania Highway 115 to Wilkes- over the same route; (b) from Jersey No. W-1219 J. F. SCHNACKY— con­ Barre) and return over the same route; City to Newark as described above, thence tract carrier application— filed August 23, (b) from Jersey City over U.S. Highway over U.S. Highway 1 to Philadelphia, Pa. 1965. Applicant: J. F. SCHNACKY, do­ 1 to Newark, N.J.- (also over the Pulaski (also from Newark over Interstate High­ ing business as LITTLE MANATEE Skyway; and also over the New Jersey way 95 to Philadelphia), thence over BARGE CO., 2711 Adamo Drive, Tampa, Turnpike Extension), thence over New U.S. Highway 422 to junction U.S. High­ •ria. Authority sought to operate as a Jersey Highway 10 to junction U.S. way 322, thence over U.S. Highway 322 contract carrier in interstate_or foreign Highway 46, also from Newark over New to Harrisburg and return over the same commerce under Part m of the Inter­ Jersey Highway 24 to Morristown, N.J/ route; (c) from Jersey City over U.S. state Commerce Act, in the transporta- Thence over New Jersey Highway 53 Highway 1 to New Brunswick, N.J., on of property generally, in year-round to junction U.S. Highway 46, thence to thence over U.S. Highway 130 to junc­ R a tio n , serving the ports or points of Wilkes-Barre as described above, and tion U.S. Highway 30 (also from New « i -™ney an(l Bradley Junction Termi­ nal, Fla. return over the same route; (c) from Brunswick, over Interstate Highway 95 Jersey City to Dover, N.J., as specified to junction Interstate Highway 295, thence over Interstate Highway 295 to Applications in W h ic h H and ling W it h ­ above, thence over New Jersey Highway out Oral H earing H as B een E lected junction UJS. Highway 30). 15 to Ross Corner, N.J., thence over U.S. Thence over U.S. Highway 30 to Cam­ motor carriers of pr o pe rty Highway 206 to Milford, Pa., thence over den, N.J., thence over U.S. Highway 30 1222 (Sub-No. 23), filed A U.S. Highway 6 to Scranton (also from through Philadelphia, Pa., to Lancaster, !W5. Applicant: THE REI junction U.S. Highway 6 and Interstate Pa., thence over Pennsylvania Highway nnt?PT TRANSFER COMPANY, a c< Highway 84, over Interstate Highway 84 72 to junction U.S. Highway 230, thence n? .ation> 1410 Tenth Street, Portsmou to Scranton), thence to Wilkes-Barre as over U.S. Highway 230 to Harrisburg and ./T10- Applicant’s representative: R< described above and return over tbh same return over the same route; (3) between rvL t ; IEinker* 711 McClure Buildi] route; (ti) from Jersey City over New Jersey City, N.J., and Lancaster, Pa.; nkfort, Ky., 40601. Authority sou£ Jersey Highway 7 to junction New Jersey from Jersey City to Allentown, Pa., as de­ vAi?P?ra^e 95 9 common carrier, by moi Highway 506, thence over New Jersey scribed above, thence over U.S. Highway mcie, oyer Irregular routes, transpo Highway 506 to junction New Jersey 222 through Reading, Pa., to Lancaster 11558 NOTICES and return over the same route; (4) be­ 329; (22) between Bethlehem, Pa., and Thence over New York Highway 100A tween Jersey City, N.J., and Reading, Pa.; junction Pennsylvania Highway 512 and to junction New York Highway WO, from Jersey City to Newark, N.J., as de­ U B . Highway 611, over Pennsylvania thence over New York Highway 100 to scribed above, thence over U.S. Highway Highway 512; (23) between Shimerville, junction New York Highway 141, thence 1 to junction U.S. Highway 13, thence Pa., and Allentown, Pa., over Pennsyl­ over New York Highway 141 to junction over U.S. Highway 13 to Philadelphia, vania Highway 29; (24) between junc­ New York Highway 117, thence over New Pa., thence to Reading as described above tion U.S. Highway 22 (Interstate High­ York Highway 117 to Katonah, N.Y., and return over the same route; (5) be­ way 78) and the northeast extension of thence over New York Highway 35 to tween Jersey City, N.J., and Paoli, Pa., the Pennsylvania * Turnpike (Lehigh junction New York Highway 22, thence from Jersey City to Somerville, N.J., as Valley Interchange) and the Wilkes- over New York Highway 22 to junction described above, thence over U.S. High­ Barre Interchange, over the northeast New York Highway 55, thence over New way 202 to Paoli and return over the same extension of the Pennsylvania Turnpike; York Highway 55 to Poughkeepsie, N.Y., route; (6) between Reading, Pa., and (25) between Nanticoke, Pa., and Scran­ thence over U.S. Highway 44 to Modena Sunbury, Pa., over Pennsylvania High­ ton, Pa,; from Nanticoke, over unnum­ and return over the same route; (32) be­ way 61; (7) between Reading, Pa., and bered highway to Pittston, Pa., thence tween Jersey City, N.J., and Port Chester, Wilkes-Barre, Pa.; from Reading over over U.S. Highway 11 to Scranton and N.Y.; from Jersey City to New York, N.Y., Pennsylvania Highway 61 to junction return over the same route; (26) between as described above, thence over U.S. Pennsylvania Highway 895, thence over Jersey City, N.J., and Warwick, N.Y.; Highway 1 (also over Interstate Highway Pennsylvania Highway 895 to New Ring- from Jersey City to Newark, N.J., as 95) to Port Chester and return over the gold, Pa., thence over Pennsylvania described above, thence over New Jersey same route; (33) between junction Inter­ Highway 443 to junction U.S. Highway Highway 23 to Junction New Jersey state Highways 95 and 287 and Catskill, 309, thence over U.S. Highway 309 to Highway 94, thence over New Jersey N.Y.; from junction Interstate Highways Wilkes-Barre and return over the same Highway 94 to the New Jersey-New York 95 and 287 over Interstate Highway 287 route;. (8) between Reading, Pa., and State line, thence over New York High­ to junction Interstate Highway 87, Boyertown, Pa., over Pennsylvania High­ way 94 to Warwick (also from Jersey thence over Interstate Highway 87 to the way 73 (also over Pennsylvania Highway City over New Jersey Highway 7 to New­ Catskill Interchange and junction New 562); (9) between junction Pennsylvania ark, thence over New Jersey Highway York Highway 23. Highway 100 and U.S. Highway 22 near 506 to junction New Jersey Highway 23, Thence over New York Highway 23 to Fogelsville, Pa., and West Chester, Pa., thence to Warwick as described above), Catskill and return over the same route; over Pennsylvania Highway 100; (10) be­ and return over the same route; (27) (34) between White Plains, N.Y., and tween Pottstown, Pa., and junction between Jersey City, N.J., and Catskill, junction New York Highway 125 and U.S. Pennsylvania Highway 363 and U.S. N.Y.; from Jersey City over U.S. High­ Highway 1 (also junction New York Highway 30; from Pottstown over Penn­ way 9 to junction New York Highway Highway 127 and U.S. Highway 1), over sylvania Highway 724 to Valley Forge, Pa. 9G, thence over New York Highway 9G New York Highway 125 (also over New Thence over Pennsylvania Highway to Hudson, N.Y. (also from Jersey City York Highway 127) ; (35) between Port 363 to junction U.S. Highway 30 and re­ over U.S. Highway 9 to junction New Jervis, N.Y., and junction U.S. Highway turn over the same route; (11) between York Highway 23, thence over New York 6 and New York Highway 22, over U.S. Valley Forge, Pa.; and Mor.tgomeryville, Highway 23 to Hudson, N .Y .). Highway 6; (36) between Port Jervis, Pa., from Valley Forge over Pennsylvania Thence over New York Highway 23 to N.Y., and junction Interstate Highway Highway 363 to junction Pennsylvania Catskill and return over the same route; 84 and New York Highway 22, over Inter­ Highway 463, thence over Pennsylvania (b) from Jersey City over U.S. Highway state Highway 84; (37) between Port Highway 463 to Montgomeryville and re­ 9 to junction U.S. Highway 9W, thence Jervis, N.Y., and Red Hook, N.Y.; from turn over the same route; (12) between over U B . Highway 9W through New­ Port Jervis over U.S. Highway 209 to Center Valley, Pa., and Stroudsburg, Pa., burgh, N.Y., to Catskill and return over junction New York Highway 199, thence over Pennsylvania Highway 191; (13) be­ the same route; (28) between Jersey over New York Highway 199 to Red Hook tween Easton, Pa., and Blakeslee Comers, City, N.J., and Newburgh, N.Y.; from and return over the same route; (38) be­ Pa., over Pennsylvania Highway 115; Jersey City over New Jersey Highway 7 tween Newburgh, N.Y., and Warwick, (14) between Philadelphia, Pa., and (also over New Jersey Highway 3) to N.Y.; from Newburgh over New York junction U.S. Highway 309 and Pennsyl­ junction New Jersey Highway 17, thence Highway 207 to Goshen, N.Y., thence vania Highway 443, over U.S. Highway over New Jersey Highway 17 to the New over New York Highway 17A through 309; (15) between West Chester, Pa., and Jersey-New York State line (also from Florida, N.Y., to Warwick and return junction Pennsylvania Highways 113 and Jersey City over U B . Highway 1 to New­ over the same route; (39) between New­ 100; from West Chester over U.S. High­ ark, N.J., thence over New Jersey High­ burgh, N.Y., and Florida, N.Y., over New way 322 to Downingtown, Pa., thence way 17 to the New Jersey-New York York Highway 94; (40) between New­ over Pennsylvania Highway 113 to junc­ State line), thence over New York High­ burgh, N.Y., and Monticello, N.Y.; from tion Pennsylvania Highway 100 and re­ way 17 to junction New York Highway Newburgh over New York Highway 17K to junction New York Highway 17. turn over the same route; (16) between 32, thence over New York Highway 32 to Reading, Pa., and Downingtown, Pa.; Newburgh and return over the same Thence over New York Highway 17 to Monticello and return over the same from Reading over Interstate Highway route; (29) between Jersey City, N.J., route; (41) between Newburgh, N.Y., and 176 to junction Pennsylvania Highway and Hudson, N.Y.; from Jersey City through the Holland Tunnel (also Middletown, N.Y., over New York High­ 10, thence over Pennsylvania Highway way 84; (42) between Bloomingburg, 10 to junction U.S. Highway 322, thence through the Lincoln Tunnel) to New York, N.Y., thence over New York High­ N.Y., and junction New York Highway over U.S. Highway 322 to Downingtown way 9A to junction U B . Highway 9, 17M and U B . Highway 6, over New YorK and return over the same route; (17) thence over U.S. Highway 9 to Peekskill, Highway 17M; (43) between New Pan*. between Lancaster, Pa., and Harrisburg, N.Y., thence over New York Highway 9D N.Y., and Highland Mills, N.Y., over New Pa.; from Lancaster over U.S. Highway to junction U B . Highway 9, thence to York Highway 208; (44) between New­ burgh, N.Y., and Ellenville, N.Y., over 30 to Columbia, Pa. Hudson as described above and return Thence over Pennsylvania Highway over the same route; (30) between Jersey New York Highway 52; (45) between 441 to Harrisburg and return over the City, N. J., and Tarrytown, N.Y.; from Newburgh, N.Y., and Fishkill, N.Y.; fr Newburgh over Interstate Highway 84 same route; (18) between Pottsville, Pa., Jersey City to New York, N.Y., as de­ Beacon, N.Y., thence over New Yor*. and Nesquehoning, Pa., over U B . High­ scribed above, thence over New York Highway 82 to Fishkill and return over way 209; (19) between Ashland, Pa., and Highway 22 to White Plains, N.Y., thence the same route; (46) between B u tzv i’ Easton, Pa., over Pennsylvania Highway over New York Highway 119 to Tarry- N.J., and Trenton, N.J., over New Jersey 45; (20) between Allentown, Pa., and town and return over the same route; Highway 69; (47) between PhilUpsburg. junction Pennsylvania Highways 145 and (31) between Jersey City, N.J., and Mo­ N.J., and Frenchtown, N.J.; if0™ v 09 45, over Pennsylvania Highway 145; (21) dena, N.Y.; from Jersey City to New lipsburg over Alternate UB. Highway between junction Pennsylvania High­ York, N.Y., as described above, thence to junction New Jersey Highway * ways 145 and 329 near Egypt, Pa., and over New York Highway 100 to junc­ thence over New Jersey Highway 5 Bath, Pa., over Pennsylvania Highway tion New York Highway 100A. Frenchtown and return over the Thursday, Septem ber 9, 1965 FEDERAL REGISTER 11559 route; (48) between Frenchtown, N.J., and junction New Jersey Highways 71 New Haven as specified above and re­ and Clinton, N.J., over New Jersey High­ and 35 near Long Branch, N.J., over turn over the same route; (c) from way 513; (49) between Frenchtown, N.J., New Jersey Highway 71; (68) between Jersey City over U.S. Highway 1 to and Trenton, N.J., over New Jersey High­ White Horse, N.J., and junction New junction New Jersey Highway 3, thence way 29; (50) between Frenchtown, N.J., Jersey Highway 533 and U.S. Highway over New Jersey Highway 3 through the and junction New Jersey Highways 12 206 near Princeton, N.J., over New Jersey Lincoln Tunnel to New York, N.Y. and 69, over New Jersey Highway 12; Highway 533; (69) between Burlington, Thence to New Haven as specified 151) between Mansfield Square, N.J., and N.J., and Camden, N.J., over New Jersey above and return over the same route Hamburg, N.J.; from Mansfield Square Highway 543; (70) between Mansfield (84) between Hazelton, Pa., and the over U.S. Highway 206 to junction New Square, N.J., and Camden, N.J.; from Pocono Interchange of the northeast ex­ Jersey Highway 94. Mansfield Square over U.S. Highway 206 tension of the Pennsylvania Turnpike, Thence over New Jersey Highway 94 to junction New Jersey Highway 537. over Pennsylvania Highway 940; (85) to Hamburg and return over the same Thence over New Jersey Highway 537 between junction Pennsylvania High­ route; (52) between junction U.S. High­ through Mount Holly, N.J., to Camden ways 45 and 29 and Nescopeck, Pa., over ways 202 and 206 near Bedminister, N.J., and return over the same route; (71) Pennsylvania Highway 29; (86) between and junction U.S. Highway 202 and New between junction New Jersey Highway Mount Carmel, Pa., and Catawissa, Pa., Jersey Highway 17, over U.S. Highway 537 and U.S. Highway 206 and Atlantic over Pennsylvania Highway 42; (87) be­ 202; (53) between Metuchen, N.J., and City, N.J.; from junction New Jersey tween junction New Jersey Highways junction Interstate Highway 287 and Highway 537 and U.S. Highway 206 over 526 and 571 near Holmeson, N.J., and New Jersey Highway 17, over Interstate U.S. Highway 206 to junction U.S. High­ junction New Jersey Highway 526 and Highway 287; (54) between junction U.S. way 30, thence over U.S. Highway 30 to U.S. Highway 9, over New Jersey High­ Highway 22 and New Jersey Highway 18 Atlantic City (also from Egg Harbor way 526; (88) between Lakewood, N.J., and junction New Jersey Highway 18 and City, N.J., over New Jersey Highway 50 and Point Pleasant, N.J., over New Jersey U.S. Highway 9, over New Jersey High­ to Mays Landing, N.J., thence over U.S. Highway 88; and (89) between Long way 18; (55) between Newark, N.J., and Highway 40 to Atlantic City), and return Branch, N.J., and junction New Jersey Princeton, N.J., over New Jersey High­ over the same route; (72) between Bor- Highways 71 and 35 near Brielle, N.J., way 27; (56) between Somerville, N.J., dentown, N.J., and Wrightstown, N.J., over New Jersey 71; in connection with and Elizabeth, N.J., over New Jersey over New Jersey Highway 545; (73) be­ all of the above described routes, service Highway 28; (57) between Phillipsburg, tween junction U.S. Highway 206 and is proposed (I ) in New Jersey, (a) to N.J., and Hackettstown, N.J.; from Phil­ New Jersey Highway 537, and New and from all intermediate points and lipsburg over New Jersey Highway 24 to Egypt, N.J.; from junction U.S. High­ off-route points in Hudson and Essex junction New Jersey Highway 57, thence way 206 and New Jersey Highway 537 Counties, N.J., and to and from Eliza­ over New Jersey Highway 57 to Hacketts­ over New Jersey Highway 537 to Jacobs- beth, N.J., without restriction; (b) to town and return over the same route; town, N.J., thence over New Jersey High­ and from the intermediate points and (58) between Rahway, N.J., and Seaside way 528 to New Egypt and return over off-route points in Bergen, Middlesex, Heights, N.J., over New Jersey High­ the same route; (74) between Borden- Somerset, Union, Passaic, Monmouth, way 35; (59) between junction U.S. town, N.J., and New Egypt, N.J., over Morris, and Ocean Counties, N.J.: Pro­ Highways 1 and 9 near Woodbridge, N.J., New Jersey Highway 528; (75) between vided, however, That shipments trans­ and Toms River, N.J., over U.S. High­ Robinsville, N.J., and New Egypt, N.J.; ported to or from a service point in way 9; (60) between junction New Jer­ from Robinsville over New Jersey High­ Pennsylvania shall be transported sey Highways 24 and 519 near Phillips­ way 526 to Allentown, N.J., thence over through Elizabeth or Somerville, N.J., or burg, N.J., and junction New Jersey New Jersey Highway 539 to junction a point in Hudson or Essex Counties, Highway 519 and UJS. Highway 46, over unnumbered highway near Cream Ridge, N.J., (c) to and from New Jersey points New Jersey Highway 519; (61) between N.J.; thence over unnumbered highway not in Essex, Hudson, Bergen, Middle­ Trenton, N.J., and Asbury Park, N.J., to New Egypt and return over the same sex, Somerset, Union, Passaic, Mon­ over New Jersey Highway 33; (62) ber route ; (76) between Princeton, N.J., and mouth, Morris, and Ocean Counties and tween Trenton, N.J., and Long Branch, Robinsville, N.J.; from Princeton over other than Elizabeth, N.J., within 100 N.J.; from Trenton over New Jersey New Jersey Highway 571 to junction New miles of Newark, N.J., restricted against Highway 33 to junction New Jersey Jersey Highway 526. transportation of shipments to or from Highway 537. Thence over New Jersey Highway 526 service points in New York and Connect­ Thence over New Jersey Highway 537 to Robinsville and return over the same icut and provided that shipments trans­ to Long Branch and return over the route; (77) between junction New Jersey ported to or from a service point in same route; (63) between White Horse, Highways 571 and 526 and Hightstown, Pennsylvania shall be transported N.J., and Toms River, N.J.; from White N.J., over New Jersey Highway 571; (78) through Elizabeth or Somerville, N.J., Horse over New Jersey Highway 524 to between Lambertville, N.J., and junction or a point in Hudson or Essex Counties, junction New Jersey Highway 526, New Jersey Highways 518 and 27, over N.J.; (d ) to and from all intermediate thence over New Jersey Highway 526 to New Jersey Highway 518; (79) between points; (2) in Pennsylvania, to and from junction New Jersey Highway 571, Bridgeboro, N.J., and Westville, N.J.; all intermediate points and off-route .nee over New Jersey Highway 571 to from Bridgeboro over New Jersey Spur points in Lancaster, Chester, Delaware, junction New Jersey Highway 547, Highway 537 to Moorestown, N.J., Philadelphia, Montgomery, Bucks, Berks, P1 ence over New Jersey Highway 547 tc thence over New Jersey Highway 41 Lebanon, Dauphin, Schuylkill, Carbon, kakehurst, N.J., thence over New Jersey to Haddonfield, N.J., thence over New Lehigh, Lackawanna, Northampton, ■Highway 37 to Toms River and return Jersey Spur Highway 551 to Westville Monroe Counties, Pa., restricted to ship­ over the same route; (64) between and return over the same route; (80) ments transported to, from or through Junction New Jersey Highway 531 and between Freehold, N.J., and Kingston, Elizabeth or Somerville, N.J., or a point , 8, Highway 22 and junction New N.J., over New Jersey Highway 522; (81) in Hudson or Bergen Counties, N.J.; (3) Jersey Highways 531 and 514, over between junction New Jersey Highways in New York, to and from all intermedi­ «ew Jersey Highway 531; (65) be- 571 and 547 near Lakehurst, N.J., and ate points, and to and from the off-route vreen South Bound Brook, N.J., and Seaside Heights, N.J., over New Jersey points in Westchester, Putnam, ew Brunswick, N.J., over New Jersey Highway 571; (82) between New Bruns­ Dutchess, Rockland, Orange, Ulster, and ighway 527; (66) between junction New wick, N.J., and Carteret, N.J., over New Sullivan Counties and that portion of rsey Highways 35 and 36 near Keyport, Jersey Highway 514 ; (83) between Jersey Columbia County, N.Y., on and south of 7i Junction New Jersey Highways City, N.J., and New Haven, Conn.; (a) New York Highway 23, restricted to 35 near Brielle, N.J.; from junc- from Jersey City over U.S. Highway 1 shipments transported to, from or nvP. S ew Jersey Highways 35 and 36 and 9 to junction Interstate Highway 95, through a point in New Jersey and re­ Rrt« u W Jersey Highway 36 to Long thence over Interstate Highway 95 to stricted against the transportation of Wicrv0*1, ^ ‘J-» thence over New Jersey New Haven (also over U.S. Highway 1), shipments to or from service points in o71 to junction New Jersey and return over the same route; (b) Connecticut or those in New Jersey out­ rrvntJVa^/.w5 return over the same from Jersey City over Alternate U.S. side of Hudson, Essex, Bergen, Middle­ oute, (67) between Eatontown, N.J., Highway 1 to New York, N.Y., thence to sex, Somerset, Union, Passaic, Mon- 11560 NOTICES mouth, Morris, or Ocean Counties, N.J.; operations. N ote : Common control may Highway 20 and Massachusetts Highway 169 near Charlton City, Mass., and junc­ and (4) in Connecticut serving New be involved. tion Connecticut Turnpike and Connect­ Haven and points in its commercial zone, No. MC 71992 (Sub-No. 2) (Amend­ as defined by the Commission, restricted ment) , filed February 24,1965, published icut Highway 2; from Massachusetts Highway 169 to junction Massachusetts to shipments transported to, from or in F ederal R eg ister , issue of June 9,1965, Highway 198, thence over Massachusetts through a point in New Jersey and re­ amended August 20, 1965, and repub­ Highway 198 to Massachusetts-Connecti- stricted against transportation of ship­ lished as amended this issue. Applicant: cut ¡State line, thence over Connecticut ments to or from service points in New RAND EXPRESS FREIGHT LINES, Highway 198 to junction Connecticut York or those in New Jersey outside of INC., 1110 Rutherford Avenue, Lynd- Highway 203, thence over Connecticut Hudson, Essex, Bergen, Middlesex, hurst, N.J. Applicant’s representative: Highway 203 to junction Connecticut Somerset, Union, Passaic, Monmouth, James E. Wilson, 1735 K Street NW., Highway 32, thence over Connecticut Morris, or Ocean Counties, N.J. Washington, D.C. Authority sought to Highway 32 to junction Connecticut N ote : Applicant states that it seeks to operate as a common carrier, by motor vehicle, over regular routes, transport­ Highway 2, thence over Connecticut retain the following irregular-route au­ Highway 2 to junction the Connecticut thority: General commodities (except ing: General commodities (except those of unusual value, and except dangerous Turnpike and return over the same classes A and B explosives, household routes, serving all intermediate points. goods as defined by the Commission, explosives, household goods as defined in Practices of Motor Common Carriers of N ote : Applicant states that service is commodities in bulk, commodities of un­ proposed to and from all off-route points usual value and commodities requiring Household Goods, 17 M.C.C. 467, com­ modities in bulk, commodities requiring in Connecticut, Rhode Island, and special equipment), (1) between points Massachusetts, except that no service in Essex, Hudson, Bergen, Middlesex, special equipment, and those injurious or contaminating to other lading), (1) be­ may be performed between any two inter­ Somerset, Union, Passaic, Monmouth, mediate and/or off-route points in Con­ Morris, and Ocean Counties, N.J., on the tween Leominster, Mass., and Greenfield, Mass., over Massachusetts Highway 2, necticut, Rhode Island, and Massachu­ one hand, and, on the other, points in setts, except as otherwise authorized. Connecticut within 100 miles of Newark, serving all intermediate points (2) be­ tween Lawrence, Mass., and junction The purpose of this republication is to N.J. (except New Haven, Conn., and include (9) nine additional service routes points in its commercial zone), points in Interstate Highway 495 and Massachu­ setts Highway 2, over Interstate High­ with those previously published. This that part of New York south of a line application is filed pursuant to MC-C beginning at the New York-Massachu- way 495, serving all intermediate points; (3) between Lowell, Mass., and Fall River, 4366, effective May 1, 1964, which pro­ setts State line and extending along New vides the special rules for conversion of York Highway 23 to Oneonta, N.Y., Mass., from Lowell, Mass., over Mas­ sachusetts Highway 3 to junction Mas­ irregular to regular motor carrier opera­ thence along New York Highway 7 to tions. S p e c ia l N o t e : Protests to this Binghamton, N.Y., and east of a line be­ sachusetts Highway 128, thence oyer Massachusetts Highway 128 to junction application may be filed within 45 days ginning at Binghamton, N.Y., and ex­ Massachusetts Highway 24, thence over instead of 30 days. tending through Hawleyton, N.Y., to the Massachusetts Highway 24 to Fall River No. MC 117444 (Sub-No. 1), filed New York-Pennsylvania State line, in­ August 25, 1965. Applicant: EARL L. cluding points on the indicated portions (also as specified above to Massachu­ setts Highway 24, thence over Massa­ HANSON, doing business as EARL of the highways specified (except New chusetts Highway 24 to junction Massa­ HANSON TR UCK ING CO., Route 2, Box York, N.Y., and points in Westchester, chusetts Highway 79, thence over 15, Mount Vernon, Wash. Applicant’s Putnam, Dutchess, Rockland, Orange, Massachusetts Highway 79 to Fall River) representative: James T. Johnson, 609 Ulster, and Sullivan Counties, and those and return over the same routes, serving Norton Building, Seattle 4, Wash. Au­ in Columbia County north of New York all intermediate points; (4) between New thority sought to operate as a common Highway 23); and (2) between Elizabeth, Bedford, Mass., and junction Massa­ carrier, by motor vehicle, over irregular N.J., and points in Hudson and Essex chusetts Highways 140 and 24* over routes, transporting: Fertilizer from Counties, N.J., on the one hand, and, Massachusetts Highway 140, serving all Hamilton (Skagit County), Wash., and on the other, points in that part of Penn­ intermediate points; (5) between Provi­ points within 10 miles thereof to points sylvania east of the Susquehanna River dence, R.I., and junction of Massa­ in Oregon. , (except points in Lancaster, Chester, chusetts Highways 122 and 2, from No. MC 117765 (Sub-No. 31), filea Delaware, Philadelphia, Montgomery, Providence, R.I., over Rhode Island August 23, 1965. Applicant: HAHN Bucks, Berks, Lebanon, Dauphin, Schuyl­ Highway 146 to Rhode Island-Massa- TRUCK LINE, INC., 5800 North Eastern, kill, Carbon, Lehigh, Northampton, Mon­ chusetts State line. Oklahoma City, Okla. Applicant’s repre­ roe, and Lackawanna Counties). This Thence over Massachusetts Highway sentative: Rufus H. Lawson, 106 Bixier application is filed pursuant to M C-C 146 to junction Massachusetts Highway Building, 2400 Northwest 23d Street, 4366, effective May 1, 1964, which pro­ 122, thence over Massachusetts Highway Oklahoma City 7, Okla. Authority vides the special rules for conversion of 122 to junction Massachusetts Highway sought to -operate as a common earner, irregular-route to regular-route motor 2 and return over the same routes, serv­ by motor vehicle, over irregular route • carrier operations. S pe c ia l N o t e : Pro­ ing all intermediate points; (6) between transporting: Oats and oat Tyyproduc, tests to this application may be filed Providence, R.I., and Springfield, Mass., feeding rolled oats, ground oat groais, within 45 days instead of 30 days. from Providence over U.S. Highway 44 feeding oatmeal flour, pulverized oa > No. MC 42487 (Sub-No. 633), filed Au­ to junction Connecticut Highway 171, and oat hulls, from Klemme, Movine, gust 25, 1965. Applicant: CONSOLI­ thence over Connecticut Highway 171 to Saint Ansgar, and Sioux City, » DATED FREIGHTWAYS CORPORA­ junction with Connecticut Highway 190, Minneapolis and St. Paul, Minn., Y TION OF DELAWARE, 175 Linfield thence over Connecticut Highway 190 to ton, S. Dak.; Cochrane, Wis.; to pom Drive, Menlo Park, Calif. Authority junction Connecticut Highway 83, thence in Kansas, Missouri, and oklah°mafi1pfi sought to operate as a common carrier, over Connecticut Highway 83 to Connect- No. MC 117765 (Sub-No. 32), by motor vehicle, over a regular route, icUt-Massachusetts State line, thence August 23, 1965. Applicant: HAH transporting: General commodities (ex­ over Massachusetts Highway 83 to TRUCK LINE, INC., 5800 North ’ cept those of unusual value, Classes A Springfield and return over the same Oklahoma City, Okla. Applicants rep and B explosives, livestock, green hides, routes, serving all intermediate points; resentative: Rufus'H. Lawson, 10 . household goods as defined by the Com­ (7) between Providence, R.I., and Hart­ mission, commodities in bulk, and those Building, 2400 Northwest 23^ , ^ rity ford, Conn., over U.S. Highway 6, serving Oklahoma City, 7, Okla. Authority requiring special equipment), between Hackettstown, N.J., and junction New all intermediate points,-(8) between New sought to operate as a common Jersey Highway 24 and U.S. Highway London, Conn., and Hartford, Conn.; by motor vehicle, over irreg^ a^n rake, 22 near Phillipsburg, N.J., over New Jer­ from New London over Connecticut transporting: Linseed (flaxseed,f°fl ’ eed or meal or pellets); linseed d) sey Highway 24, serving no intermediate Highway 85 to junction Connecticut screenings); linseed (flaxseed § 1 points but serving the termini for pur­ Highway 2, thence over Connecticut from Mankato, Minneapolis, St. - pose of joinder only, as an alternate route Highway 2 to Hartford and return over for operating convenience only, in con­ the same routes, serving all intermediate and Red Wing, Minn., and P°ints in nection with applicant’s regular-route points; and (9) between junction U.S. 5 miles of each origin, to P°i Thursday, September 9, 1965 FEDERAL REGISTER 11561

Arkansas, Kansas, Nebraska, Missouri, ka, Ohio, and Wisconsin. N o t e : Com­ the other, points in Texas; grain, be­ and Oklahoma. mon control may be involved. tween points in Wharton County, Tex., No. MC 118196 (Sub-No. 38), filed Au­ HEARING: September 22,1965, at the on the one hand, and, on the other, gust 20,1965. Applicant: RAYE & COM­ New Post Office and Courthouse Building, points in Texas on and within the area PANY TRANSPORTS, INC., Highway 71 Boston, Mass., before Examiner John S. bounded by a line beginning at Port North, Post Office Box 613, Carthage, Mo. Messer. Arthur, Tex., thence north over U.S. Applicant’s representative: Daniel B. No. MC 59211 (Sub-No. 3) (Republica­ Highway 69 to Woodville, thence in a Johnson, Warner Building, Washington, tion) , filed April 9, 1965* published F e d ­ northeasterly direction over U.S. High­ D.C., 20004. Authority sought to operate e r a l R e g is t e r issue of May 6, 1965, and way 287 to Crockett, thence in a south­ as a common carrier, by motor vehicle, republished, this issue. Applicant: easterly direction over Texas Highway over irregular routes, transporting: GREAT GEE DISTRIBUTORS, INC*, 21 to Bryan, thence over U.S. Highway Bananas, coconuts, and pineapples, from Constable Hook Road, Bayonne, N.J. 190 to Heame. Freeport, Tex., to points in Arizona, Ar­ Applicant’s representative: Herman B. Thence in a southwesterly direction kansas, California, Colorado, Idaho, Illi­ J. Weckstein, 1060 Broad Street, Newark over U.S. Highway 79 to Round Rock, nois, Iowa, Kansas, Minnesota, Missouri, 2, N.J. By application filed April 9,1965, thence south over U.S. Highway 81 to Montana* Nebraska, Nevada, New Mexi­ as amended, applicant seeks a certificate San Antonio, thence south over U.S. co, North Dakota, Oklahoma, Oregon, of public convenience and necessity au­ Highway 281 via Pharr to Hidalgo, South Dakota, Utah, Wyoming, Wash­ thorizing operation, in interstate or thence along the boundary of Texas and ington, and Wisconsin. foreign commerce, as a common carrier New Mexico to the Gulf Coast, thence No. MC 119711 (Sub-No. 2), filed Au­ by motor vehicle, over irregular routes, northward along the Gulf Coast to the gust 26, 1965. Applicants R. LENGLE of new furniture, other than upholstered, point of beginning. Agricultural ma­ TRUCKING CO. INC., 3071 West 46th which has had a prior movement by rail chinery, implements and parts, live­ Street, Cleveland, Ohio. Applicant’s or motor, from the warehouse of Broyhill stock, livestock feedstuffs, grain, and representative: G. H. Dilla, 5275 Ridge Furniture Factories at Bayonne, N.J., to timber, between points within 25 miles of Road, Cleveland, Ohio, 44129. Author­ points in Connecticut, and returned and Roscoe, Tex., on the one hand, and, on ity sought to operate as a common car­ rejected commodities on return. An the other, points in Texas within 300 rier, by motor vehicle, over irregular order of the Commission, Operating miles of Roscoe; cottonseed, in bulk, in routes, transporting: Malt beverages, Rights Board No. 1, dated August 13, truckload lots, between points within 250 such as ale, beer, beer tonic, porter, and 1965, and served August 26, 1965, finds miles of Roscoe, Tex., on the one hand, stout in bulk in kegs and in bottles or that the present and future public con­ and, on the other, points in Texas; grain, cans in packages, from Latrobe, Pa., to venience and necessity require operation in bulk, in truckload lots, between points Cleveland, Ohio, and spoiled beverages by applicant as a common carrier by within 100 miles of Roscoe, Tex., on the on return. motor vehicle, in interstate or foreign one hand, and, on the other, points in By the Commission. commerce, over irregular routes, of new Texas; pipe, except when intended for furniture (except upholstered), from the use as oil field equipment as defined by [ seal] H . N e i l G a r s o n , warehouse site of Broyhill Furniture the Commission in Mercer Extension-Oil Secretary. Factories, located at Bayonne, N.J., to Field Commodities, 74 M.C.C. 459 (543), [F.R. Doc. 65-0513; Filed, Sept. 8, 1965; points in Connecticut, that applicant Is between points in Texas; commodities 8:45 a.m.] fit, willing, and able properly to perform which because of size or weight require such service and to conform to the re­ the use of special equipment, between [Notice 813] quirements of the Interstate Commerce points in Texas; tractors, heavy machin­ Act and the Commission’s rules and ery, contractors’ machinery, equipment, motor ca rrier applications a n d regulations thereunder: Because it is materials, and supplies, between points CERTAIN OTHER PROCEEDINGS possible that other parties may have an in Texas. interest in and would be prejudiced by No. MC 114789 (Sub-No. 14) (Republi­ S e p t e m b e r 3,1965. the lack of proper notice of the authority cation), filed April 14, 1965, published The following publications are gov­ described in the findings in this order, F e d e r a l R e g is t e r issue of May 5, 1965, erned by the new Special Rule 1.247 of a notice of the authority actually granted and republished this issue. Applicant: the Commission’s rules of practice, pub- will be published in the F e d e r a l R e g is t e r NATIONWIDE CARRIERS, INC., 721 Ifehed in the F e d e r a l R e g is t e r , issue of and issuance of a certificate in this pro­ Second Street SE., Minneapolis, Minn. December 3,1963, which became effective ceeding will be withheld for a period of Applicant’s representative: William S. January 1, 1964. 30 days from the date of such publica­ Rosen, 400 Minnesota Building, St. Paul, The publications hereinafter set forth tion, during which period any proper Minn., 55101. By application filed April reflect the scope of the applications as party in interest may file an appropriate 14, 1965, applicant seeks a permit au­ filed by applicants, and may include protest or other pleading. thorizing operations, in interstate or ascriptions, restrictions, or limitations No. MC 99776 (Sub-No. 3) (Republi­ foreign commerce, as a contract carrier which are not in a form acceptable to cation) , filed December 4,1964, published by motor vehicle, over irregular routes, tne Commission. Authority which ulti­ F e d e r a l R e g is t e r , issues of February 3 of cheese, from points in Wisconsin, to mately may be granted as a result of and March 10,1965, as a matter directly Buena Vista, Calif. An order of the wie applications here noticed will not related to MC-F-8958, and republished Commission, Operating Rights Board fiecessarily reflect the phraseology set this issue. Applicant: HOUSTON No. 1, dated August 20, 1965, and served in the application as filed, but also LINES, INC., Houston, Tex. Applicant’s August 26, 1965, finds that operation by will eliminate any restrictions which are representative: H. H. Prewett, 2159 Ten­ ot acceptable to the Commission. applicant, in interstate or foreign com­ nessee Building, Houston, Tex. An or­ merce, as a contract carrier by motor A pplications A s s ig n e d f o r O r a l H e a r in g der, Finance Board No. 1, dated August vehicle over irregular routes, of cheese, 20, 1965, served August 27, 1965, which from points in Wisconsin to Buena Park, m o t o r c a r r ie r s o f p r o p e r t y also embraces MC-F-8958, orders, Calif., under a continuing contract with oi,5 °'J iC 95540 (Sub-No. 651), filed Au- among other things, that notice of said Milkhouse Cheese Corp., of San Antonio, Swiv?« T1965- Applicant: WATKINS order, to the extent that it conditionally Tex., will be consistent with the public t J?* LINES, INC., Albany Highway, authorizes the issuance of a certificate of interest and the national transportation Q* Applicant’s repre- public convenience and necessity to ap­ policy; that applicant is fit, willing, and Jack Holloway (same ad- plicant shall be „published in the F e d e r a l able properly to perform such service and to nnAwt aPPhcant). Authority sought R e g is t e r so as to afford interested parties to conform to the requirements of the vphiM« 6 aS a common carrier, by motor an opportunity to file objections, if they Interstate Commerce Act and the Com­ iner- pJ_0Ver £ re£ular routes, transport- so desire, within 30 days from the date mission’s rules and regulations thereun­ incind£°2e^ foods and frozen products, of such publication. The operating der. Because it is possible that other / o o ? T f fr° zen animal and poultry rights authorized to be issued are as fol­ parties, who have relied upon the notice Points Bedford, Mass.,, and lows: Irregular routes: Agricultural ma­ of the application as published, may have In t h w P1*11-,20 miles thereof, to points chinery, implements and parts; live­ an interest in and would be prejudiced M lc S ? S;,.lndial,a' I o m - Kentucky, stock: and. livestock feedstuffs, between by the lack of proper notice of the au­ lgan, Minnesota, Missouri, Nebras- Houston, Tex., on the one hand, and, on thority described in the findings in this No. 174------a 11562 NOTICES order, a notice of the authority actually and points within 15 miles thereof and bounded by a line beginning at a point on granted will be published in the F e d e r a l “exempt” commodities, on return. An Kansas Highway 126, at Pittsburg, Kans., R e g is t e r and issuance of a permit in this order of the Commission, Operating thence westerly along Kansas Highway proceeding will be withheld for a period Rights Board No. i, dated August 20, 126 to junction U.S. Highway 160, at or o f 30 days from the date of such publica­ 1965, and served August 26, 1965, finds near McCune, Kans., thence westerly tion, during which period any proper that the present and future public con­ along U.S. Highway 160 to the Cherokee- party in interest may file an appropriate venience and necessity require operation Labatte County line, thence southerly protest or other pleading. by applicant, in . interstate or foreign along the Cherokee-Labatte County line No. MC 115695 (Sub-No. 3) (Repub­ commerce, as a common carrier by motor to the Kansas-Oklahoma State line, lication), filed October 15, 1964, pub­ vehicle, over irregular routes, of bananas, thence westerly along the Kansas-Okla- lished F e d e r a l R e g is t e r issue of Novem­ from Freeport, Tex., to Denver, Colo., and homa State line to Oklahoma Highway 2, ber 4, 1964, and republished this issue. points in Adams, Arapahoe, Boulder, thence southerly along Oklahoma High­ Applicant: J. D. WILLIAMS AND JOE Douglas, and Jefferson Counties, Colo., way 2 to junction Interstate Highway 44 E. W ILLIAM S, a partnership, doing busi­ and points in that portion of Weld Coun­ at or near Vinita, Okla., thence north­ ness as J. D. WILLIAMS & SON, Wash­ ty, Colo., on and south of Colorado High­ easterly along Interstate Highway 44 to ington Avenue, Wrightsville, Ga. By way 52; that applicant is fit, willing, and junction U.S. Highway 60, at or near application filed October 15, 1964, appli­ able properly to perform such service Afton, Okla., thence easterly along cant seeks a certificate of public and to conform to the requirements of U.S. Highway 60 to the Oklahoma- convenience and necessity authorizing the Interstate Commerce Act and the Missouri State line at or near Seneca, operation, in interstate or foreign com­ Commission’s rules and regulations Mo., thence continuing along U.S. High­ merce, as a common carrier by motor thereunder. Because it is possible that way 60 to junction Alternate U.S. High­ vehicle, over irregular routes, of lumber other parties, who have relied upon the way 71, thence northerly along Alternate from points in Johnson, Emanuel, Jef­ notice of the application as published, U.S. Highway 71 to junction U.S. High­ ferson, Washington, Wilkerson, Laurens, may have an interest in and would be ways 71 and 66, at or near Carthage, Mo., and Treutlen Counties, Ga., to points in prejudiced by the lack of proper notice of thence northerly along U.S. Highway 71 Florida, and empty containers or other the authority described in the findings in to junction Missouri Highway 126, thence such incidental facilities, not specified, this order, a notice of the authority ac­ westerly along Missouri Highway 126 to used in transporting the above-specified tually granted will be published in the the Missouri-Kansas State line, thence commodity on return. A report of the F e d e r a l R e g is t e r and issuance of a cer­ westerly along Kansas Highway 126 to Commission, Operating Rights Board tificate in this proceeding will be with­ Pittsburg, Kans., the point of the be­ No. 1, dated August 25, 1965, and served held for a period of 30 days from the ginning, including points on the de­ September 1,1965, finds that the present date of such publication, during which scribed highways and county lines, to and future public convenience and neces­ period any proper party in interest may points in Alabama, Arkansas, Illinois, sity require operation by applicant, in file an appropriate protest or other Indiana, Iowa, Kansas, Kentucky, Loui­ interstate or foreign commerce, as a pleading. siana, Mississippi, Missouri, North common carrier by motor vehicle, over No. MC 119493 (Sub-No. 16) (Repub- Dakota, Nebraska, Oklahoma, South irregular routes, of lumber from points lication), filed April 12, 1965, published Dakota, Tennessee, and Texas, and (2) in Jefferson, Washington, Wilkinson, F e d e r a l R e g is t e r issue of May 5, 1965, of new bags and containers (except glass Laurens, and Twiggs Counties, Ga., and republished, this issue. Applicant and cardboard containers) from the points in Johnson County, Ga. (except MONKEM COMPANY, INC., Post Office destination territory described in (1), to Adrian and Wrightsville) and points in Box 1196, Joplin, Mo. By application points in the origin territory described in Emanuel County, Ga. (except Swains- filed April 12, 1965, as amended, appli­ (1 ); that applicant is fit, willing, and able boro) to points in Florida; that appli­ cant seeks a certificate of public conven­ properly to perform such service and to cant is fit, willing, and able properly to ience and necessity authorizing opera­ conform to the requirements of the In­ perform such service and to conform to tion, in interstate or foreign commerce, terstate Comiherce Act and the Com­ the requirements of the Interstate Com­ as a common carrier by motor vehicle, mission’s rules and regulations there­ merce Act and the Commission’s rules over irregular routes, of sand, rock, whole under. Because it is possible that other and regulations thereunder. Because it or crushed, supplies used in coating same, parties, who have relied upon the notice is possible that other parties, who have new bags, and containers, between of the application as published, may have relied upon the notice of the application Galena, Kans., and a 25-mile radius an interest in and would be prejudiced as published, may have an interest in thereof, on the one hand, and, on the by the lack of proper notice of the au­ and would be prejudiced by the lack of other, points in the States of Alabama, thority described in the findings herein, proper notice of the authority described Arkansas, Illinois, Indiana, Iowa, Kansas, a notice of the authority actually granted in the finding in this order, a notice of Kentucky, Louisiana, Mississippi, Mis­ will be published in the F e d e r a l R egister the authority actually granted will be souri, North Dakota, Nebraska, Okla­ and issuance of a certificate herein will published in the F e d e r a l R e g is t e r and homa, South Dakota, Tennessee, and be withheld for a period of 30 days from the issuance of a certificate in this pro­ Texas, except glass and cardboard con­ the date of such publication, during ceeding will be withheld for a a period tainers, between Chicago, HI., Gary, Ind., which period any proper party ih in* of 30 days from the date of such publica­ Wichita, Kans., Dallas, Tex., Memphis, terest may file an appropriate protest or tion, during which period any proper Tenn., and their respective commercial other pleading. . party in interest may file an appropriate zones, the States of Arkansas, Missouri, No. MC 123502 (Sub-No. 14) (RepuD- protest or other pleading. and Oklahoma, and points on U.S. High­ lication), filed March 16,1965, publishec No. MC 117872 (Sub-No. 5) (Republi­ way 75 from Dallas, Tex., to the Okla­ F e d e r a l R e g is t e r issue of April 8, 19o » cation) , filed May 3,1965, published F e d ­ homa State line, on the one hand, and, and republished, this issue. Applies.™' e r a l R e g is t e r issue of May 26, 1965, and on the other, Galena, Kans., and points FREE STATE STONE SERVICE, INC., republished, this issue. Applicant: WM. within a 25-mile radius thereof, and 10 Vermont Avenue, Glen Burnie, M • P. JOSEPH, ERNEST B. JOSEPH AND limestone, limestone products, and dolo­ Applicant’s representative: 1 *® *? **; BESSIE T. JOSEPH, a partnership, do­ mite, in bulk, from points in Illinois and Freeman, 172 East Green Street, Post ing business as A. JOSEPH & CO., 352 St. Francois County, Mo., to points in Office Box 880, Westminster, Md., 2iio<_ East Woodrow Wilson Street, Jackson, Missouri, Oklahoma, and Kansas. An By application filed March 16, Miss. Applicant’s representative : Harold order of the Commission, Operating amended, applicant seeks a certificat D. Miller, Jr., Suite 700 Petroleum Build­ Rights Board No. 1, dated August 26, , public convenience and necessity ing, Post Office Box 1250, Jackson, Miss., 1965, and served September 1,1965, finds thorizing operation, in interstate^ 39205. By application filed May 3,1965, that the present and future public con­ foreign commerce, as a common car applicant seeks a certificate of public venience and necessity require operation by motor vehicle, over irregular ro > convenience and necessity authorizing by applicant, in interstate or foreign of ferrous sulphate, moist (except operation, in interstate or foreign com­ commerce, as a common carrier by motor used as a fertilizer and fertilizm" merce, as a common carrier, by motor vehicle, over irregular routes, (1) of sand terial), in bulk, in dump vehicles, a vehicle, over irregular routes, of bananas, and rock, from points in those portions of lime and limestone products, in ’ from Freeport, Tex., to Denver, Colo., of Kansas, Missouri, and Oklahoma in dump vehicles, from and to the P° Thursday, Septem ber 9, 1965 FEDERAL REGISTER 11563

indicated below. An order of the Com­ stricted to shipments having a prior or by motor vehicle, over irregular routes, mission, Operating Rights Board No. 1, subsequent movement by railroad. of films, photo supplies, drugs, sundries, dated August 20, 1965, and served Au­ (1) From Williamsburg, W hitleyand drugstore supplies, in individual gust 27,1965, finds that the present and County, Ely., to points in Campbell and shipments not to exceed 500 pounds future public convenience and necessity Anderson Counties, Tenn., (2) from each, from' and to the points indicated require operation by applicant in inter­ Whitley City, McCreary County, Ky., to in the findings below. An order of the state or foreign commerce, as a common ' points in Scott County, Tenn.; (3) from Commission, Operating Rights Board No. carrier by motor vehicle, over irregular Middlesboro, Ky., to points in Claiborne 1, dated August 13, 1965, and served routes, (1) of ferrous sulphate (except County, Tenn., and empty containers or August 27, 1965, finds that operation by when used as a fertilizer or fertilizer other such incidental facilities used in applicant, in interstate or foreign com­ material), in bulk, in dump vehicles, transporting the above-described com­ merce, over irregular routes, as a con­ from Baltimore, Md., to points in Essex, modities on return. Hearing was held tract carrier by motor vehicle (1) (a) of Hudson, Middlesex, Somerset, and Union on April 1, 1965, at Nashville, Tenn. A film, and photographic equipment and Counties, N.J., and (2) of lime and lime­ report and order, served April 14, 1965, supplies, under a continuing contract stone products, in bulk, in dump vehicles, which became effective May 14,1965, and with District Photo, Inc., of Washing­ from points in Shenandoah County, Va., was served on May 21, 1965, finds that ton, D.C., (b) of such commodities as to points in Connecticut and New York the present and future public conven­ are usually sold by wholesale dealers in (except points in that portion of the New ience and necessity require operation by drugs and drugstore supplies, under a York, N.Y., commercial zone as defined applicant as a common carrier by motor continuing contract with District Whole­ in the fifth supplemental report in Com­ vehicle, in interstate or foreign com­ sale Drug Corp., of Washington, D.C., mercial Zones and Terminal Areas, 53 merce, over irregular routes of (1) stone and with Washington Wholesale Drug M.C.C. 451 within which local operations and gravel (a) from the plantsite of the Exchange, of Washington, D.C., and (c) may be conducted under the exemption Jellico Stone Co., located on U.S. High­ of bedding, towels, hosiery, handwear, provided by section 203(b) (8) of the way 25-W about 3 miles south of Jellico, clothing, and clothing accessories, under Interstate Commerce Act (the exempt Tenn., and from the plantsite of the Key a continuing contract with Standard zone); that applicant is fit, willing, and Limestone Co., located about 4 miles Textile of D.C., Inc., of Washington, D.C., able properly to perform such service and south of LaFollette, Tenn., to points in from Washington, D.C., to points in to conform to the requirements of the Whitley and Laurel Counties, Ky., (b) Anne Arundel, Calvert, Charles, Prince Interstate Commerce Act and the Com­ from the plantsite of the Somerset Georges, and St. Marys Counties, Md., mission’s rules and regulations there­ Stone Co., located at Somerset, Ky., and and that portion of Virginia on and under. Because it is possible that other from the plantsite of Strunk Construc­ north of the junction U.S. Highway 250 parties, who have relied upon the notice tion Co., located at Burnside, Ky., to at the West Virginia border. of the application as published, may have points in Scott County, Tenn., (c) from Thence east on U.S. Highway 250 to an interest in and would be prejudiced Middlesboro, Ky., to points in Bell junction U.S. Highway 15, thence north by the lack of proper notice of the au­ County, Ky., and Claiborne County, on U.S. Highway 15 to junction Virginia thority described in the findings in this Tenn., restricted to shipments having a Highway 22, thence east to junction U.S. order, a notice of the authority actually prior or subsequent movement by rail, Highway 33, thence southeast on U.S. granted will be published in the F e d e r a l (d) from Barbourville, Ky., to points in Highway 33 to junction Virginia High­ Register and issuance of a certificate in Kno$ County, Ky., restricted to ship­ way 54, thence east on Virginia High­ this proceeding will be withheld for a ments having a prior or subsequent way 54 to junction U.S. Highway 301, period of 30 days from the date of such movement by rail, and (2) sand, cement, thence north on U.S. Highway 301 to publication, during which period any blacktop, and asphalt material, restricted junction Virginia Highway 30, thence proper party in interest may file an to shipments having a prior or subse­ east on Virginia Highway 30 to junction appropriate protest or other pleading. quent movement by rail. U.S. Highway 360, and thence east on No. MC 126463 (Republication), filed (a) From Williamsburg, Ky., to points U.S. Highway 360 to Chesapeake Bay; August 3, 1964, published F e d e r a l R e g ­ in Campbell and Anderson Counties, and (2) of returned and rejected ship­ ister, issue of December 23, 1964, and Tenn., (b) from Whitley City, Ky., to ments, on return, will be consistent with republished this issue after report and points in Scott County, Term., and (c) the public interest and the national order. Applicant: G R E E R BROS. from Middlesboro, Ky., to points in Clai­ transportation policy; that applicant is TRUCKING CO., a corporation, North borne County, Tenn. Because it is pos­ fit, willing, and able properly to perform Mam Street, London, Ky. Applicant’s sible that other parties, who have relied such service and to conform to the re­ representative: J, Milton Luker, 108 East upon the notice of the application as quirements of the Interstate Commerce Fourth Street, London, Ky. By applica­ published, may have an interest in and Act and the Commission’s rules and reg­ tion filed August 3, 1964, as amended at would be prejudiced by the lack of proper ulations thereunder. Because it is pos­ the hearing, applicant seeks a certificate notice of the authority described in the sible that other parties, who have relied convenience and necessity au­ findings herein, a corrected notice of upon the notice of the application as thorizing operation, in interstate or for­ authority actually granted will be re­ published, may have an interest in and eign commerce, as a common carrier by published in the F e d e r a l R e g is t e r and would be prejudiced by the lack of prop­ motor vehicle, over irregular routes, of issuance of a certificate herein will be er notice of the authority described in (A) stone and gravel: (1) from the withheld for a period of 30 days from the the findings in this order, a notice of the Plantsites of Jellico Stone Co., located 3 date of such republication, during which authority actually granted will be pub­ period any proper party in interest may miles south of Jellico, Campbell County, lished in the F e d e r a l R e g is t e r and is­ ® n'1 .an{i Key Limestone Co., located file an appropriate protest or other suance of a certificate in this proceeding pleading. A petition was filed on May S ? roS mately 4 nifies south of LaFol- will be withheld for a period of 30 days 21, 1965, by protestant, which stayed the A«!f’ Tenn-’ to Points in Campbell and from the date of such publication, during Anaerson Counties, Tenn., and Whitley issuance of said certificate. The said which period any proper party in inter­ petition was denied by order of August S L Lai^ e:i c °unties, Ky.; (2) from est may file an appropriate protest or merset Stone Co. located at Somerset, 11,1965, served August 18,1965. other pleading. •, and Strunk Construction Co. located No. MC 126503 (Sub-No. 2) (Republi­ No. MC 126778 (Republication), filed cation), filed March 30, 1965, published D o m i n o e’ Pulaski County, Ky., to December 7, 1964, published F e d e r a l F e d e r a l R e g is t e r issue of April 14, 1965, Scott County, Tenn.; (3) from R e g is t e r issue of December 23,1964, and tv ^iesl)oro> Ky„ to points in Bell Coun- and republished, this issue. Applicant: republished, this issue. A p p l i c a n t : W ALTER L. HODGENS, doing business Claiborne County, Tenn., PRESGRAVE BROS., INC., 8114 Har­ as SOUTHERN M ARYLAND DELIVER­ or io shipments having a prior IES, 5031 Dunlap Street SE., Washing­ vard, Cleveland, Ohio, 44105, Applicant’s frnm ß T nt movement by railroad,' (4) ton, D.C. Applicant’s representative: representative: Earl N. Merwin, 85 East DoiS. • r?°Urville’ Knox County, Ky., to Louis Reznek, 5009 Keokuk Street, Gay Street, Columbus 15, Ohio. By ap­ shinmi^Ki?OX.County, Ky., restricted to Washington 16, D.C. By application filed plication filed December 7, 1964, as movprm^ i^ving a, prior or subsequent March 30,1965, applicant seeks a permit amended, applicant seeks a permit au­ railr0ad- however, is subject to the following re­ at the point the San Francisco-San Calif., and points in that part of Mateo County boundary line meets the striction: No shipments shall be trans­ foraia as described in (2) above, 01V Pacific Ocean and extending easterly ported under any combination or through one hand, and, on the other, Stoc > joinder of the rights in (1) through (3) along the San Francisco-San Mateo Modesto, Ceres, Patterson, Tur - above from, to, or between points in two County boundary line to a point 1 mile or more of the described radial origin west of U B . Highway 101, thence south­ Fresno, Sanger, Bakersfield, nn or destination areas, nor may house­ erly along an imaginary line 1 mile west Diego, Calif.; (4) between Stockton- hold goods be transported from, to, or of and paralleling UB. Highway 101 to Modesto, Ceres, Patterson, Tur between any point under said carrier’s junction Southern Pacific Co. right-of- Fresno, Sanger, Bakersfield, ana Thursday, September 9, 1965 FEDERAL REGISTER 11565

Diego, Calif.; (5) between points in chassis, truck trailers, trucks and trailers the applications in No. MC-F-8869 and Tulare County, Calif.; (6) between combined, buses and bus chassis; (3) MC-126588, as amended, are granted, points in Tulare County, Calif., on the livestock, viz.: Bucks, bulls, calves, cattle, and assert that the proposed amend­ one hand, and, on the other, Sanger, cows, dairy cattle, ewes, goats, hogs, ment will eliminate the necessity for Fresno, Turlock, Patterson, Ceres, Mo­ horses, kids, lambs, oxen, pigs, sheep, consideration of exceptions to the rec­ desto, Stockton, Bakersfield, San Diego, sheep camp outfits, sows, steers, stags, ommended order of the examiner, which points in that part of California as de­ or swine; (4) liquids, compressed gases, exceptions will be filed if the request for scribed in (1) above and points in that commodities in semiplastic form and stay thereof is not granted. part of California as described in (2) commodities in suspension in liquids, No. MC-F-8995 (J AND L LINES, above. in bulk, in tank trucks, tank trailers, INC—PURCHASE (PORTION)—DIS­ (B) Foodstuffs, beverages or beverage tank semitrailers or a combination of TRICT HAULING & CONTRACTING preparations, meats, cooked, cured, fresh such highway vehicles; (5) commodities CO., IN C .), published in the January 20, or preserved, lard, lard substitutes, ren­ when transported in bulk in dump trucks 1965, issue of the F e d e r a l R e g is t e r on dered pork fats, dressed poultry, starch, or in hopper-type trucks; and (6) com­ page 664. By petition filed August 26, fruits and vegetables, fresh bakery goods, modities when transported in motor 1965, applicants seek to amend the ap­ including waffles, frozen and pies other vehicles equipped for mechanical mixing plication to the extent that J AND L than frozen, candy or confectionery, in transit. N o t e : This is a matter to be LINES, INC., seeks to acquire only that casings (.sausage or meat products) , co­ handled concurrently with No. M C-F portion of the operating rights of DIS­ conuts (also coconut milk) , dairy prod­ 9197, published in F e d e r a l R e g is t e r issue TRICT HAULING & CONTRACTING ucts, including butter, margarine, eggs, of September 1, 1965. CO., INC., covering the transportation of rough and dressed lumber, as a com­ milk and ice cream, feed, animal or A pplications U n d e r S e c t i o n s 5 a n d poultry (including fish food, frozen), 210a(b) mon carrier, over irregular routes, from fish, fresh or frozen, fish livers, frozen, points in North Carolina to Baltimore, fruit or berries, fruit peel or pulp-dried, The following applications are gov­ Md., points in Baltimore County, Md., nuts, edible, oils, lime, chlorinated, sodi­ erned by the Interstate Commerce Pennsylvania, and Atlantic, Burlington, um chloride (common salt) , ice, and Commission’s special rules governing Camden, Cumberland, Gloucester, Mer­ commodities other than herein specified, notice of filing of applications by motor cer, and Salem Counties, N.J. requiring temperature control, (1) be­ carriers of property or passengers under No. MC-F-9205. Authority sought for tween San Diego, Bakersfield, Sanger, sections 5(a) and 210a(b) of the Inter­ purchase by J. ARTIM & SONS, INC., Fresno, Turlock, Patterson, Ceres, Mo­ state Commerce Act and certain other 7105 Kennedy Avenue, Hammond, Ind., desto, Stockton, Calif., points in Tulare proceedings with respect thereto. (49 of the operating rights and property of County, Calif., and points in those parts CFR 1.240.) STEEL TRANSPORTATION CO., INC., of California as described in (A ) (1) and MOTOR CARRIERS OP PROPERTY 4000 Cline Avenue, East Chicago, Ind., (2) above, on the one hand, and, on the and for acquisition by R. RALPH AR- other, (a) Sacramento, Calif., and points No. MC-F-8869 (KERR MOTOR TIM, 7108 Alabama Avenue, Hammond, oh U.S. Highways 40 and 50 intermediate LINES, INC.—CONSOLIDATION— Ind., of control of such rights and prop­ between Sacramento and the San Fran­ FLOYD L. KERR, ET AL.) published in erty through the purchase. Applicants’ cisco territory, (b) points on U.S. High­ the September 10, 1964 issue of the attorneys: Ferdinand Bom, 1019 Cham­ way 101 intermediate between Santa F e d e r a l R e g is t e r on page 12796. The ber of Commerce Building, Indianapolis, Barbara and the San Francisco territory, above proceeding also embraces No. Ind., and Robert W. Loser, 409 Chamber Cc) points on U.S. Highway 99 interme­ MC-126588 KERR M OTOR LINES, INC., of Commerce Building, Indianapolis, Ind. diate between Stockton and Sacramento and MC-99094 (Sub-No. 1), BINGHAM ­ Operating rights sought to be trans­ and (d) Hood, Courtland, Watsonville, TON DELIVERY, INC. By petition ferred: Steel, iron castings, forgings, and Castroville, and Santa Cruz, Calif.; (2) filed August 30, 1965, applicants seek to iron and steel articles, as a common car­ between points as described in (a ), (b ), amend the application in No. M C -F - rier, over irregular routes, between points (c), and (d) immediately above. 8869 by substituting BINGHAM TON in the Chicago, 111., commercial zone, as (C) Sugar (except liquid sugar), be­ DELIVERY, INC., in lieu of KERR defined by the Commission in 1 M.C.C. tween Carlton, Betteravia, and Spreckels, M OTOR LINES, INC., as the applicant 673, on the one hand, and, on the other, Calif., on the one hand, and, on the for authority now sought in No. M C - points in Indiana, Michigan, and Illinois, other, points in that part of California 126588, and to include the authority traversing Wisconsin for operating con­ as described in (A )(1 ) above; and (D ) sought by CONRAD TR UCK ING CO., venience only.; iron and steel articles, be­ fruits and vegetables, fresh or green, INC., in No. MC-97246 (Sub-No. 4). Ap­ tween Chicago Heights, 111., on the one cold-pack or frozen, juice, citrus• fruit, plicants seek stay of the recommended hand, and, on the other, points in In­ and juice, citrus fruit, frozen and also order of the examiner, served July 29, diana and Michigan; from Middletown, perishable commodities requiring refrig­ 1965, which found that FLOYD L. Ohio, to St. Louis, Mo., and points in eration, (l) between Stockton, Modesto, KERR, doing business as LEW IS Illinois, and Indiana; scrap metals, from Ceres, Patterson, Turlock, Fresno, San- MOTOR LINES, FLOYD L. KERR and points in Illinois, Indiana, and those in pr, and Bakersfield, Calif.; and (2) be­ ROBERT KERR, partners, doing busi­ the Lower Peninsula of Michigan to Chi­ tween Stockton, Modesto, Ceres, Patter­ ness as F. L. KERR & SON, CONRAD cago Heights, HI., and points in the Chi­ son, Turlock, Fresno, Sanger, and TRUCKING CO., INC., and BINGHAM­ cago, HI., commercial zone, as defined by Bakersfield, Calif., on the one hand,' and, TON DELIVERY, INC., were, being the Commission in 1 M.C.C. 673; *iron ®n toe other, points in those parts of managed and controlled in a common and steel'articles, which because of their California as described in (A ) (1) and interest; that BINGHAM TON DELIV­ size, shape, or weight require specialized (2) above, and points in Tulare County, ERY, INC., was controlled by a multi­ handling or rigging or the use of special Calif., and Goleta and San Diego, Calif. state carrier on October 15, 1962, and equipment, from points in the Chicago, Restriction: Applicant states that it does was not entitled to the certificate of Til., commercial zone, as defined by the not seek authority in (A ), (B ), (C ), and registration sought in No. MC-99094 Commission in 1 M.C.C. 673, and Chicago CD) above to render service to, from or (Sub-No. 1) which application should Heights, HI., to certain specified points Between intermediate points, nor the be denied; and that in view of the con­ in Kentucky, Missouri, Iowa, Ohio, and nght to transport any shipments of (1) clusion that the application in No. M C - Wisconsin; from Portage, Ind., to certain pea household goods and personal ef- 99094 (Sub-No. 1) should be denied the specified points in Wisconsin; wooden ^ f i10*' P ^ e d in accordance with the applications in No. MC-F-8869 and M C - platform skids, from Rockford, HI., to crated property requirements set forth 126588 must be dismissed as no trans­ points in the Chicago, HI., commercial nv Paragraph (d) of item No. 10-C of action was presented subject to section zone, as defined by the Commission, Minimum Rate Tariff No. 4-A; (2) auto­ 5(2) of the act, inasmuch as the num­ which are situated in Indiana; *nonfer­ mobiles, trucks, and buses, viz.: New and ber of vehicles operated by the carriers rous metals, when moving in the same finished or unfinished passenger was not more than 20. Applicants re­ vehicle at the same time with, iron and utomobiles (including jeeps), ambu- quest that the applications in Nos. M C - steel articles, which because of their size, ®fs* hearses, and taxis, freight auto­ 99094 (Sub-No. 1) and MC-99094 shape, or weight require specialized han­ biles, automobile chassis, trucks, truck (Sub-No. 2) be dismissed in the event dling or rigging or the use of special 11566 NOTICES equipment and/or iron and steel articles Certificates, 61 M.C.C. 209, from points notice of the filing of the application is which are integrally a part of a ship­ in the Chicago, HI., commercial zone, as published in the F e d e r a l R e g is t e r . One ment, requiring specialized handling or defined by the Commission, and Chicago copy of such protests must be served on special equipment, from Chicago, HI., to Heights, HI., to certain specified points the applicant, or its authorized repre­ Cincinnati, Ohio; polyvinyl chloride pipe, in Kentucky, Missouri, Iowa, Ohio, and sentative, if any, and the protests must and plastic products, when moving in the Wisconsin; and nonferrous metals, when certify that such service has been made. same vehicle at the same time with (1) moving in the same vehicle at the same The protest must be specific as to the iron and steel articles and nonferrous time with iron and steel articles, as de­ service which such protestant can and metals which, because of their size, scribed in appendix V, Descriptions in will offer, and must consist of a signed shape, or weight require specialized han­ Motor Carrier Certificates, 61 M.C.C. 209, original and six (6) copies. dling or rigging or the use of special from Chicago, 111., to Cincinnati, Ohio, A copy of the application is on file, and equipment, or (2) iron and steel articles Vendee is authorized to operate as a can be examined, at the Office of the which are integrally a part of a shipment common carrier in Hlinois, Indiana, Wis­ Secretary, Interstate Commerce Com­ requiring specialized handling or special consin, Iowa, and Michigan. Applica­ mission, Washington, D.C., and also in equipment, from Chicago, HI., to Cincin­ tion has been filed for temporary au­ the field office to* which protests are to nati, Ohio; iron and steel articles, as de­ thority under section 210a(b). N o t e : be transmitted. scribed in appendix V to the report in The rights in pending docket No. M C - M o t o r C a r r ie r s o f Property Descriptions in Motor Carrier Certifi­ 79695 (Sub-No. 21) were granted by or­ cates, 61 M.C.C. 209, from Portage, Ind., der dated February 23,1965, by the Com­ No. MC 22229 (Sub-No. 38 TA), to certain specified points in Kentucky, mission, Division 1, and affirmed by order filed September 1, 1965. Applicant: Missouri, Hlinois, Indiana, Michigan, dated June 25, 1965, by the Commission, TERMINAL TRANSPORT COMPANY, Iowa, and Ohio; iron and steel articles, Division 1, acting as an appellate divi­ INC., 248 Chester Avenue SE., Atlanta, as described in appendix y to the report sion, subject to the condition that appli­ Ga., 30316. Applicant’s representative: in Descriptions in Motor Carrier Cer­ cant shall, in writing, request concur­ Guy H. Postell, 1305 Peachtree Street tificates, 61 M.C.C. 209, except commod­ rent cancellation of its certificates Nos. NW., Suite 693, Atlanta 9, Ga. Authority ities which by reason of their size or MC-79695 (Sub-No. 5) and MC-79695 sought to operate as a common carrier, weight require the use of special equip­ (Sub-No. 17), which rights are noted by motor vehicle, over regular routes, ment or special handling, from the plant with an asterisk (* ). No new certificate transporting: General commodities, ex­ sites and warehouses of the Kankakee has yet been issued by this Commission. cept those of unusual value, classes A and Electric Steel Co., Swanson Manufac­ No. MC-F-9206. Authority sought for B explosives, livestock, household goods turing Co., and Jones & McKnight, Inc., purchase by THE BLUE DIAM OND as defined by the Commission, commodi­ in Kankakee, County, HI., to points in COMPANY, 4401 East Fairmount Ave­ ties in bulk, and those requiring special Iowa, Kentucky, Indiana, the Lower Pe­ nue, Baltimore, Md., 21224, of a portion equipment, (1) between Atlanta, Ga., ninsula of Michigan, Ohio, and Wis­ of the operating rights of GLOSSON and Detroit, Mich, (via Cincinnati, consin. MOTOR LINES, INC., Hargrave Road, Ohio), as follows: From Atlanta, Ga., Restriction:' The service authorized Lexington, N.C., and for acquisition by over U.S. Highway 41, and over Inter­ herein is subject to the following condi­ KENNETH K. ZECHMAN and HARRY state Highway 75, to Chattanooga, tions: The authority granted herein is E. ZECHMAN, both also of Baltimore, Tenn., thence over U.S. Highway 27 to limited to traffic originating at the plant- Md., of control of such rights through junction of U.S. Highway 27 with Inter­ sites and warehouses specified. The au­ the purchase. Applicants’ attorney: state Highway 75, at or near Lexington, thority granted herein which shall du­ Chester A. Zyblut, 1000 Connecticut Ky., thence over Interstate Highway 75 plicate that now held by carrier shall be Avenue NW., Washington, D.C., 20036. to Cincinnati, Ohio, thence Interstate considered to comprise not more than a Operating rights sought to be trans­ Highway 75 and/or U.S. Highway 25 via single operating right which is not sever­ ferred: Empty glass containers, as a Dayton, Lima, Findley, and Toledo, Ohio, able by sale or otherwise from that pres­ common carrier, over irregular routes, to Detroit, Mich., and return over the ently held; fire "brick, fire clay, furnace from Elmira, N.Y., to points in Mary­ same route, serving no intermediate and kiln lining, and high temperature land, traversing Pennsylvania and the points, except Cincinnati/Ohio, and then bonding mortar, from Goose Lake, HI., to District of Columbia for operating con­ only for the purpose of interchange with certain specified points in Wisconsin, In­ venience. Vendee is authorized to op­ applicant’s wholly owned affiliate John­ diana, Iowa, Ohio, and Michigan; printed erate as a common carrier in Maryland, son Freight Lines Co., Inc., and (2) be­ matter, crates, foundry alloys, and Delaware, Pennsylvania, Virginia, New tween Indianapolis, Hid., and Detroit, metal alloys, when moving in mixed York, New Jersey, Ohio, West Virginia, Mich., as follows: From Indianapolis, loads with nonferrous metals, steel, iron and the District of Columbia. Applica­ Ind.,.over Indiana State Highway 37 to castings, forgings, and iron and steel ar­ tion has not been filed for temporary Fort Wayne, Ind.„thence over U.S. High- ticles (presently authorized), from the authority under section 210a(b). way 24 to Toledo, Ohio. Thence over Interstate Highway 75 warehouses of Steel Sales Corp. at Chi­ By the Commission. cago, Hi., to Detroit, Mich.; building and and/or U.S. Highway 25 to Detroit, construction materials, between certain [ s e a l ] H . N e i l G a r s o n , Mich., and return over the same routes, specified points in Illinois and Indiana; Secretary. serving no intermediate points, ana and in pending docket No. MC-79695 [F.R. Doc. 65-9512; Filed, Sept. 8, 1965; serving Indianapolis, Ind., as a point of (Sub-No. 28) covering the transporta­ 8:48 a.m.] junction with applicant’s presently heia tion of nonferrous metals, between Chi­ authority only; and (3) between junction cago, HI., and Indianapolis, Ind.; and of U.S. Highway 127 with .U.S. Highway [Notice 42] iron and steel articles, as described in 24 (approximately 12 miles east of Ant­ appendix V to the report in Descriptions MOTOR CARRIER TEMPORARY werp, Ohio), and Jackson, Mich., as fol­ in Motor Carrier Certificates, 61 M.C.C. AUTHORITY APPLICATIONS lows: From junction of U.S. Highway 12 209, and nonferrous metals, from Cin­ and U.S, Highway 24 (approximately u cinnati, Ohio (not including points in S e p t e m b e r 3, 1965. miles east of Antwerp, Ohio), over u. . Kentucky in the Cincinnati, Ohio, com­ The following are notices of filing of Highway 127 to Jackson, Mich., ana re­ mercial zone), to Chicago, HI.; and in applications for temporary authority turn over the same route, serving no. in­ pending docket No. MC-79695 (Sub-No. under section 210a(a) of the Interstate termediate points and serving the jun 29), covering the transportation of iron Commerce Act provided for under the tion of U.S. Highways 127 and 24 ior and steel articles, between the plantsite new rules in Ex Parte No. MC 67 (49 CFR joinder only; and (4) between jaHCt- of U.S. Highway 30S and Testate of the Bethlehem Steel Corp., in Bums Part 240), published in the F e d e r a l Highway 75 (at or near Lima, Ohio),anu Harbor, Ind., on the one hand, and, on R e g is t e r , issue of April 27,1965, effective the other, points in Wisconsin;* and in July 1, 1965.7 These rules provide that junction of U S. Highways 127 ana pending docket No. MC-79695 (Sub-No. protests to the granting of an application (approximately 12 miles east of Antwe > 21) covering the transportation of iron must be filed with the field official named O hio), as follows: From junction of in­ and steel articles, as described in ap­ in the F e d e r a l R e g is t e r publication, terstate Highway 75 and U.S. Highw pendix V, Descriptions in Motor Carrier within 15 calendar days after the date 50« iat. n r niwr T.lmfl Ohio) . tO Delpnt». Thursday, September 9, 1965 FEDERAL REGISTER 11567

Ohio, thence U.S. Highway 30 to Van the offices of the Commission, in Wash­ cant’s representative: Carl L. Steiner, Wert, Ohio, thence over U.S. Highway ington, D.C. Send protests to: William 39 South La Salle Street, Chicago, 111. No. 127 to junction of that highway with L. Scroggs, District Supervisor, Bureau Authority sought to operate as a com­ Ü.S. Highway 24 (approximately 12 of Operations and Compliance, Inter­ mon carrier, by motor vehicle, over irreg­ miles east of Antwerp, Ohio), and re­ state Commerce Commission, Room 300, ular routes, transporting: Resin sand, turn over the same route, serving no in­ Atlanta, Ga., 30308. in bulk, in permanently affixed bulk car­ termediate points and serving all junc­ No. MC 108449 (Sub-No. 210 T A ), filed rying units unloaded by conveyors, and tions for the purpose of joinder only; September 1,1965. Applicant: IND IAN - in bags when moving in mixed loads and and (5) between Jackson, Mich., and HEAD TRUCK LINE, INC., 1947 West in the same vehicle transporting resin Detroit, Mich., as follows: Prom Jack- County Road C, St. Paul, Minn., 55113. sand, in bulk, in permanently affixed son, Mich., over Interstate Highway 94 Applicant’s representative: W . A. bulk carrying units unloaded by convey­ to Detroit, Mich., and return over the Myllenbeck (same address as applicant). ors, from Troy Grove, 111., to poihts in same route, serving only the intermedi­ Authority sought to operate as a com­ Michigan, Ohio, Wisconsin, Iowa, Min­ ate and off-route points of Ann Arbor, mon carrier, by motor vehicle, over ir­ nesota, Missouri, Kentucky, Kansas, Ypsilanti, Willow Run, Romulus, Inkster, regular routes, transporting: Gary slag, Tennessee, Pennsylvania, Massachusetts, and Wayne, Mich.; and (6) between in bulk, from Duluth, Minn., to Iron- New Jersey, New York, Oklahoma, Ne­ Lansing, Mich., and Detroit, Mich., as wood, Mich., for 150 days. Supporting braska, and Mississippi, for 180 days. follows: Prom Lansing, Mich., over U.S. shipper: Ruppe Manufacturing Co., Supporting shipper: The Arrowhead Highway 127 to junction of Interstate Route 2, Box 25, Lake Road, Ironwood, Silica Corp., 128 South 15th Street, Post Highway 96 south of Lansing. Mich. Send protests to: A. E. Rathert, Office Box 67, Chesterton, Ind. Send Thence over Interstate Highway 96 to District Supervisor, Bureau of Opera­ protests to: John G. Edmunds, District Detroit, Mich., and return over the same tions and Compliance, Interstate Com­ Supervisor, Bureau^ of Operations and route, serving no intermediate points, merce Commission, 448 Federal Build­ Compliance, Interstate Commerce Com­ and (7) between Lansing, Mich., and ing, and U.S. Courthouse, 110 South mission, 308 Federal Building, Fort Mint, Mich., as follows: From Lansing, Fourth Street, Minneapolis, Minn., Wayne, Ind., 46802. over Michigan Highway 78 to Flint, 55401. No. MC 127508 (Sub-No. 1 T A ), filed Mich., and return over the same route, No. MC 113855 (Sub-No. 114 T A ), filed September 1, 1965. Applicant: H O W ­ serving only the intermediate or off- September 1, 1965. Applicant: INTER ­ ARD B. MCLAIN AND ROBERT B. IVE- route points of East Lansing and Swartz NATIONAL TRANSPORT, INC., South SON, a partnership, doing business as Creek; and (8) between Detroit, Mich., Highway 52, Rochester, Minn., 55902. McLAIN & IVESON TRANSPORTA­ and Bay City, Mich., as follows: From Applicant’s representative: Gene P. TION, 139 Bunn Road, Hillsdale, Mich. Detroit, Mich., over Interstate Highway Johnson, First National Bank Building, Applicant’s representative: Haskell L. 75 to junction of Interstate Highway 75 Fargo, N. Dak., 58102. Authority sought Nichols, 401 Dwight Building, Jackson, and Michigan State Highway 13 (near to operate as a common carrier, by motor Mich. Authority sought to operate as a Saginaw, Mich.), thence over Michigan vehicle, over irregular routes, transport­ contract carrier, by motor vehicle, over State Highway 13 to Bay City, Mich., and ing: Loaders, conveyors, screens, griz­ irregular routes, transporting: Dump return over the same route, serving only zlies, attachments, accessories, and parts, bodies, garbage packers, misc., parts, the intermediate or off-route points of from Sioux Falls, S. Dak., to points in the hoists, winches, and parts, between Troy, Pontiac, Flint, and Saginaw, and United States, except Alaska and Hawaii, Wayne, Mich., Richmond, Calif., and (9) between Midland, Mich., and Sag­ for 180 days. Supporting shipper: Athry Salt Lake City, Utah, for 150 days. Sup­ inaw, Mich., as follows: From Midland, Products Corp., Post Office Box 669, porting shipper: Gar Wood Industries, Mich., over Michigan State Highway 47 Raleigh, N.C., 27602. Send protests to: Inc., Wayne, Mich. Send protests to: C. to junction of that Highway with C. H. Bergquist, District Supervisor, Bu­ R. Flemming, District Supervisor, Bureau Michigan State Highway 46 (west of reau of Operations and Compliance, of Operations and Compliance, Interstate Saginaw), thence over Michigan State Interstate Commerce Commission, 448 Commerce Commission, Room 221 Fed­ Highway 46 to Saginaw, Mich., and re­ Federal Building, and U.S. Courthouse, eral Building, Lansing, Mich,, 48933. 110 South Fourth Street, Minneapolis, turn over the same route, serving no in­ By the Commission. termediate points, and (10) between Mid­ Minn., 55401. land, Mich., and Bay City, Mich., as fol­ No. MC 121361 (Sub-No. 1 T A ), filed [ s e a l ] H . N e il G a r so n , lows: From Midland, Mich., over U.S. September 1, 1965. Applicant: DIXIE Secretary. Highway 10 to Bay City, Mich., and re­ VAN LINES, INC., doing business as [F.R. Doc. 65-9514; Filed, Sept. 8, 1965; turn oyer the same route, serving no in­ COLUMBUS WAREHOUSE & STOR­ 8:48 a.m.] termediate points, and (11) between AGE COMPANY, 803 Ninth Street South, junction of Michigan State Highway 13 Columbus, Miss. Applicant’s representa­ and Interstate Highway 75 (near Sagi­ tive : B. L. Chesser (same address as ap­ [Notice 1230] naw, Mich.), and junction of Interstate plicant). Authority sought to operate Highway 75 with U.S. Highway 10 (ap­ as a common carrier, by motor vehicle, MOTOR CARRIER TRANSFER proximately 2 miles west of Bay City, over irregular routes, transporting: Con­ PROCEEDINGS Mich.), as follows: From junction of tainerized used household goods, from S eptem ber 3,1965. Michigan State Highway 13 to Interstate Columbus, Miss., on the one hand, and Highway 75 (near Saginaw, Mich.), to on the other, points in Lowndes, Monroe, Synopses of orders entered pursuant to Junction of Interstate Highway 75 with Lee, Oktibbeha, Chickasaw, Calhoun, section 212(b) of the Interstate Com­ u-S. Highway 10 (approximately 2 miles Choctaw, Winston, and Noxubee Coun­ merce Act, and rules and regulations pre­ west of Bay City, M ich.), and return over ties, Miss., and points in Lamar, Fayette, scribed thereunder (49 CFR Part 179), the same route, serving no intermediate Tuscaloosa, Pickens, and Green Coun­ appear below: and (12) between Jackson, Mich., ties, Ala., for 180 days. Supporting ship­ As provided in the Commission’s spe­ ana Lansing, Mich., as follows: From pers: Routed Thru-Pac, Inc., 350 Broad­ cial rules of practice any interested Jackson, Mich., over U.S. Highway 127 way, New York, N.Y., Vanpac Carriers, person may file a petition seeking recon­ to Lansing, Mich., and return over the Inc., 2114 McDonald Avenue, Richmond, sideration of the following numbered same route, serving no intermediate Calif., Trans Ocean Van Service, Post proceedings within 20 days from the date Note: At all points of joinder, Office Box 7331, Long Beach, Calif. of publication of this notice. Pursuant ana service points, including intermedi- Send protests to: Floyd A. Johnson, Dis­ to section 17(8) of the Interstate Com­ nrf °®"route points, involved in this trict Supervisor, Bureau of Operations merce Act, the filing of such a petition appncation, applicant seeks authority and Compliance, Interstate Commerce will postpone the effective date of the oughout the commercial zone of each Commission, 320 U.S. Post Office Build­ order in that proceeding pending its dis­ Points as defined by the Com- ing, Jackson, Miss., 39201. position. The matters relied upon by petitioners must be specified in their J-or 180 days- Supporting No. MC 125777 (Sub-No. 80 T A ), filed ? h î^ r: There are over 100 letters of September 1, 1965. Applicant: JACK petitions with particularity. Pper support attached to the appli- GRAY TRANSPORT, INC., 3200 Gibson Finance Docket No. 23656. By order on, which may be examined here at Transfer Road, Hammond, Ind. Appli­ of August 31, 1965, the Transfer Board 11568 NOTICES approved the transfer to Nickols Trans­ protest or petition for leave to intervene portation Co., Inc., 43 West Weber Street, FEDERAL POWER COMMISSION is timely filed, or if the Commission on its own motion believes that a, formal Stockton, Calif., of fourth amended cer­ [Docket No. CP66-61] tificate in No. W-522, issued February 26, hearing is required,v further notice of 1948, to Henry J. Nickols, doing business EASTERN SHORE NATURAL GAS CO. such hearing will be duly given. as Nickols Transportation Co., 43 West Under the procedure herein provided Weber Street, Stockton, Calif., author­ Notice of Application for, unless otherwise advised, it will be izing operations in interstate or foreign S e p t e m b e r 1, 1965. unnecessary for Applicant to appear or commerce, by self-propelled vessels, and Take notice that on August 24, 1965, be represented at the hearing. by non-self-propelled vessels, in the Eastern Shore Natural Gas Co. (Appli­ J o se ph H . G utride, transportation of commodities generally cant), Post Office Box 615, Dover, Del., Secretary. between ports and points on the San filed in Docket No. CP66-61 an applica­ Joaquin and Sacramento Rivers and [F.R. Doc. 65-9485; Filed, Sept. 8, 1965; tion pursuant to section 7(c) of the 8:46 a.m.] their tributary waterways below and in­ Natural Gas Act for a certificate of pub­ cluding Stockton, Calif., and below Sac­ lic convenience and necessity authoriz­ ramento, Calif., above Antioch, Calif., ing the construction of metering and [Docket No. CP66-59] and to and including the B. B .R an ch connecting facilities to deliver inter­ MISSISSIPPI RIVER TRANSMISSION Landing west of Collinsville, Calif., and ruptible gas to Chesapeake Utilities between such ports and points on the one Corp. (Chesapeake) at Harrington, Del., CORP. hand, and, on the other, ports and points for resale to the Delaware State Fair Notice of Application on San Francisco Bay and its tributary Grounds, all as more fully set forth in waterways. the application on file with the Commis­ A u g u s t 31, 1965. No. MC-FC-68063. Corrected Notice.1 sion and open to public inspection. Take notice that on August 23, 1965, By order of August 20, 1965, the Trans­ Specifically, Applicant seeks author­ Mississippi River Transmission Corpora- , fer Board approved the transfer to Frank ization to tap its present 2-inch exten­ tion (Applicant), 9900 Claton Road, St. C. Martin, doing business as Tullahoma sion line to Killen Grain Co. located at a Louis, Mo., 63124, filed in Docket No. Freight Company, McMinnville, Term., point south of Harrington, Del., in order CP66-59 an application pursuant to sec­ of that portion of the operating rights to render additional gas service to Chesa­ tion 7(b) of the Natural Gas Act for of Superior Trucking Service, Inc., Chat­ peake. Applicant states that Chesa­ permission and approval to abandon tanooga, Term., in Certificate of Regis­ peake plans to extend its line to the Del­ standby service to Arkansas Louisiana tration No. MC-97974 (Sub-No. 2) issued aware State Fair Grounds and that the Gas Co. (ArkLa) near Pine Bluff, Ark., December 7, 1964, authorized in Tennes­ additional gas would be used to heat por­ under Applicant’s Rate Schedule S-l see Public Service Commission Certifi­ tions of the stands, the grooms’ quarters, and abandonment of certain metering, cate No. 1304-C, authorizing the trans­ and to cook and heat in the restaurant. regulating, and appurtenant facilities in­ portation of property for hire as a com­ Since the proposed service would be stalled for such service, all as more fully mon carrier by motor vehicle, between rendered only during the limited sum­ set forth in the application on file with Nashville, Tenn., and Tullahoma, Term., mer period when the Delaware State the Commission and open to public and Lynchburg, Tennessee. Walter Har­ Fair is held (usually 2 weeks to 30 days), inspection. wood, Nashville Bank and Trust Build­ Applicant states that it would not be The standby service proposed to be ing, Nashville, Tenn., 37403, attorney for necessary to increase the contract de­ abandoned is stated in the application to applicants. mand of Chesapeake nor would Appli­ be covered by Applicant’s Rate Schedule No. MC—PC-68127. By order of Au­ cant require any additional supply of S - l contained on Original Sheet Nos. 12 gust 31, 1965, the Transfer Board ap­ gas. and 13 of Applicant’s FPC Gas Tariff, proved the transfer to Harold H. Pearce, Applicant further states that the re­ First Revised Volume No. 1, which pro­ doing business as Pearce Transfer Com­ quired volume of gas can be made avail­ vides that ArkLa may take gas during pany, Henderson, Ky., of the operating able from the supply presently available periods when a shortage exists in ArkLa’s rights in Certificate No. MC-1037, issued for sale during the summer period. The other sources of gas. August 11,1960, to George L. Pearce and annual incremental volume is estimated Applicant states that ArkLa recently Harold H. Pearce, a partnership, doing by Applicant at 1,324 Mcf, while the esti­ notified Applicant that it wished to ter­ business as Pearce Transfer Co., Hender­ mated peak-day requirement would not minate the standby service and ArkLa son, Ky., authorizing the transportation exceed 100 Mcf. and Applicant have altered into a letter over irregular routes of: Household The increased service proposed would agreement dated July 28, 1965, provid­ goods, as defined by the Commission, not require any additional capital ex­ ing for such termination- Under the between Henderson, Ky., on the one hand, penditure by Applicant. The cost of the terms of the letter agreement, as set and, on the other, Nashville, Tenn., proposed tap and construction of meter forth in the application, termination ox points in Indiana south of U.S. Highway and regulator facilities would be made at the service is to be effective upon the ob­ 40, and those in that part of Illinois the expense of Chesapeake. taining of necessary abandonment au­ bounded by a line beginning at Mount Protests or petitions to intervene may thority from the Commission and the Carmel, HI., and extending along Hlinols be filed with the Federal Power Commis­ effective date of the cancellation of Ap­ Highway 15 to Ashley,, HI., thence along sion, Washington, D.C., 20426, in accord­ plicant’s Rate Schedule S -l. A pplicant U.S. Highway 51 to Cairo, 111., thence ance with the rules of practice and pro­ further states that it is concurrently along the Ohio River to junction Wabash cedure (18 CFR 1.8 or 1.10) and the reg­ filing a notice of cancellation of Rat® ulations under the Natural Gas Act River, and thence along the Wabash Schedule S -l, together with supporting (157.10) on or before September 27,1965. River to the place of beginning, includ­ data and material, as provided by Section Take further notice that, pursuant to 154.64 of the Commission’s Regulations ing points on the indicated portions of the authority contained in and subject under the Natural Gas Act. The ap­ the highways specified. George S. Clay, to the jurisdiction conferred upon the plication states that the termination o 111 North Elm Street, Henderson, Ky., Federal Power Commission by sections Rate Schedule S -l and the standby serv­ 42420, attorney for applicants. 7 and 15 of the Natural Gas Act and the ice covered thereby would not affect Ap­ Commission’s rules of practice and pro­ [ s e a l ! H . N e i l G a r s o n , plicant’s contract demand service cedure, a hearing will be held without Secretary. ArkLa under Rate Schedule CD-I. further notice before the Commission on In connection with termination of t [PJt. Doc. 65-9515; Filed, Sept. 8, 1965; this application if no protest or petition standby service Applicant would cus' 8:49 a.m.] to intervene is filed within the time continue and abandon the use oi , required herein, and the Commission on metering, regulating and a^urtcua 1 Corrected to show point of service be­ tween Nashville, Tenn., and Tullahoma, its own review of the matter finds that a facilities at the delivery point fo?_ Tenn., and Lynchburg, Tennessee instead of grant of the certificate is required by the service near Pine Bluff, Ark. Apph Lynchburg, Virginia. public convenience and necessity. If a states that because of the as Thursday, Septem ber 9, 1965 FEDERAL REGISTER 11569 this installation none of the items of Under the procedure herein provided Since the base rate remains the same material will be salvaged, and it is an­ for, unless otherwise advised, it will be under the rate schedule, we believe ticipated that the entire facility will be unnecessary for Applicant to appear or that the 30-day notice requirement pro­ abandoned in place. be represented at the hearing. vided in section 4(d) of the Natural Gas Protests or petitions to intervene may Act should be waived and the rate as J o s e p h H . G u t r i d e , changed by the proposed tax change be filed with the Federal Power Com­ Secretary. mission, Washington, D.C., 20426, in ac­ should be accepted for filing effective as cordance with the rules of practice and [F.R. Doc. 65-9486; Filed, Sept. 8, 1965; of July 1, 1965, the proposed effective procedure (18 CFR 1.8 or 1.10) and the 8:46 a.m.] date, subject to refund in the existing regulations under the Natural Gas Act suspension proceeding in Docket No. (157.10) on or before September 27,1965. [Docket No. RI64-430] RI64-430. Take further notice that, pursuant to The proposed ra.te contained in Petro­ the authority contained in and subject PETROLEUM, INC. leum’s rate filing exceeds the ceiling rate to the jurisdiction conferred upon the Order Accepting Decreased Rate for increased rates in Southern Louisi­ Federal Power Commission by sections Filing ana as set forth in the Commission’s 7 and 15 of the Natural Gas Act and the Statement of General Policy No. 61-1, Commission’s rules of practice and pro­ A u g u s t 31,1965. as amended (18 CFR Ch. I, Part 2, cedure, a hearing will be held without Petroleum, Inc. (Petroleum) on Au­ § 2.56). further notice before the Commission on gust 11,1965, tendered for filing a notice The Commission finds: It is necessary this application if no protest or petition of change in rate reflecting a tax reim­ and proper in carrying out the provisions to intervene is filed within the time re­ bursement reduction in a previously filed of the Natural Gas Act and the Regula­ quired herein, if the Commission on its rate increase which is now in effect sub­ tions thereunder to accept for filing the own review of the matter finds that per­ ject to refund in Docket No. RI64-430. proposed tax reimbursement rate de­ mission and approval for the proposed The tax reduction is due to the buyer, crease filing, designated as Supplement abandonment is required by the public United Gas Pipe Line Co., exercising its convenience and necessity. If a pro­ option to reduce the amount of Louisiana No. 6 to Petroleum’s FPC Gas Rate test or petition for leave to intervene is Severance Tax reimbursement due the Schedule No. 14, effective as of July 1, timely filed, or if the Commission on its producer under its Gas Purchase Con­ 1965, subject to the existing rate sus­ own motion believes that a formal hear­ tract, effective as of July 1, 1965. The pension proceeding in Docket No. RI64- ing is required,, further notice of such decreased rate filing is set forth in Ap­ 430 and refund obligation related hearing will be duly given. pendix “A ” hereof. thereto.

A ppendix A

Effective Cents per M cf Rate in Rate Supple­ Amount Date date Date sus­ effect sub­ Docket sched­ ment Purchaser and producing area of annual filing unless pended ject to Respondent refund in No. ule No. decrease tendered sus­ until— Rate in Proposed No. pended effect decreased docket rate Nos.

RI64-430... Petroleum, Inc., 352 14 6 United Gas Pipe Line Co. (Houma $482 8-11-65 » 7-1-65 • 22.75 2 3 4 22.50 RI64-430. North Broadway, Field, Terrebonne Parish, La.) Wichita, Kans., (South Louisiana). 67202, Attn.: M r. 0. G. Frakes.

1 Effective date of tax reimbursement decrease as per letter dated M ay 6,1965, from 3 Pressure base is 14.65 p.s.i.a. the buyer, included in filing. * Includes 1.50 cents per M cf tax reimbursement. 2 Tax reimbursement rate decrease. 3 Includes 1.75 cents per M cf tax reimbursement. The Commission orders: The tax re­ rate schedule for sales of natural gas The proposed changed rate and charge imbursement decrease, designated as subject to the jurisdiction of the Com­ may be unjust, unreasonable, unduly dis­ Supplement No. 6 to Petroleum’s FPC mission. The proposed change, which criminatory, or preferential, or other­ Gas Rate Schedule No. 14, is hereby ac­ constitutes.an increased rate and charge, wise unlawful. cepted for filing, effective as of July 1, is contained in the following designated The Commission finds: It is necessary 1965, subject to the existing rate sus­ filing: and proper in the public interest and to aid in the enforcement of the provisions pension proceeding in Docket No. RI64- Description: Notice of Change, dated Au­ 430 and refund obligation related thereto. gust 11,1965.2 of the Natural Gas Act that the Commis­ sion enter upon a hearing concerning the By the Commission. Purchaser and producing area: Colorado Interstate Gas Co. (Hugoton Field, Kearny lawfulness of the proposed change, and [ s e a l ] J o s e p h H . G u t r i d e , County, K ans.). that Supplement No. 4 to Rock Island's Secretary. Rate schedule designation: Supplement No. FPC Gas Rate Schedule No. 1 be sus­ 4 to Rock Island’s FPC Gas Rate Schedule, [F.R. Doc. 65-9487; Filed, Sept. 8, 1965; pended and the use thereof deferred as No. 1. 8:46 am .] hereinafter ordered. Effective date: September 11, 1965.® The Commission orders: Amount of annual increase: $1,236. Effective rate: 11.0 cents per Mcf.4 (A ) Pursuant to the authority of the [Docket No. RI66-58] Proposed rate: 13.5 cents per Mcf.4 5 Natural Gas Act, particularly sections 4 Pressure base : 14.65 psia. and 15 thereof, the Commission’s rules ROCK ISLAND OIL & REFINING CO., of practice and procedure, and the regu­ INC., ET AL. Rock Island’s proposed increased rate lations under the Natural Gas Act (18 and charge exceeds the area price level Order Providing for Hearing on and CFR Ch. I ) , a public hearing shall be for increased rates for Kansas as set held upon a date to be fixed by notice Suspension of Proposed Change in forth in the Commission’s Statement of from the Secretary concerning the law­ Rate General Policy No. 61-1, as amended (18 fulness of the proposed increased rate CFR Ch. I, Part 2, § 2.56). A u g u s t 31,1965. and charge contained in Supplement No. i ° n^August n - 1965, Rock Island Oil 4 to Rock Island’s FPC Gas Rate Sched­ « Refining Co., Inc. (Operator), et al., 3 Includes Amendment dated June 30, 1965, amending contract quantity provisions and ule No. 1. Island)1 tendered for filing a pro­ providing for increased rate. (B ) Pending such hearing and deci­ posed change in its presently effective »T he stated effective date is the effective sion thereon, Supplement No. 4 to Rock date proposed by Respondent. Island’s FPC Gas Rate Schedule No. 1 is Hans001688 18 1 321 W est D o u Slas' W ich ita 2, 4 Subject to a downward Btu adjustment. 5 Renegotiated rate increase. hereby suspended and the use thereof de- 11570 NOTICES f erred until February 11,1966» and there­ $16,512,923, which will be financed ini­ County, Pa. Both Huntingdon Gas Co. after until such further time as it Is tially with cash available from the issu­ and Shamokin Gas Co. are stated by made effective in the manner prescribed ance of Petitioner’s capital stock to Tex­ Applicant to be subsidiaries of Penn Fuel by the Natural Gas Act. aco and a loan to Petitioner by Texaco. Gas Co., Inc. (C ) Neither the supplement hereby The stated reason for the amendment The application states that the afore­ suspended, nor the rate schedule sought to the construction proposal is that Pe­ said volumes of natural gas are needed to be altered thereby, shall be changed titioner could achieve approximately by these customers in order for them until this proceeding has been disposed the same maximum line capacity with a to render adequate natural gas service in of or until the period of suspension has slightly smaller diameter pipeline at a the areas they serve. expired, unless otherwise ordered by the saving in current construction cost. Pe­ The proposed sales would be made by Commission. titioner states that the increase in esti­ means of Applicant’s existing pipeline (D ) Notices of intervention or peti­ mated construction cost from the orig­ system and no new financing would be tions to intervene may be filed with the inal estimate of $15,706,000 is due to in­ required. Federal Power Commission, Washington, creased labor cost for pipeline construc­ Protests or petitions to intervene may D.C., 20426, in accordance with the rules tion in South Louisiana and a decision be filed with the Federal Power Commis­ of practice and procedure (18 CFR 1.8 to bury the river crossings so as to mini­ sion, Washington, D.C., 20426, in accord­ and 1.37 ( f ) ) on or before October 13, mize the possibility of line damage. Pe­ ance with the rules of practice and pro­ cedure (18 CFR 1.8 or 1.10) and the 1965. titioner further states that the decision to acquire existing pipeline instead of regulations under the Natural Gas Act By the Commission. constructing the 43-mile segment of 24- (157.10) on or before September 30, 1965. Take further notice that, pursuant to [ s e a l ] J o s e p h H . G tttride, inch line is a saving in construction and Secretary. right-of-way costs. the authority contained in and subject Petitioner states that by increasing to the jurisdiction conferred upon the [F.R. Doc. 65-9488; Filed, Sept. 8, 1965; Federal Power Commission by sections 8:46 a.m.] the pressure at which the gas is to be re­ ceived at Texaco’s Henry Plant from 800 7 and 15 of the Natural Gas Act and the psig to 1100 psig, the mainline capacity Commission’s rules of practice and pro­ [Docket No. CP64-97] will be approximately the same as orig­ cedure, a hearing will be held without further notice before the Commission on SABINE PIPE LINE CO. inally proposed. Protests or petitions to intervene may this application if no protest or petition Notice of Petition To Amend be filed with the Federal Power Commis­ to intervene is filed within the time re­ sion, Washington, D.C., 20426, in accord­ quired herein, if the Commission on its A u g u s t 31,1965. ance with the rules of practice and pro­ own review of the matter finds that a Take notice that on August 26, 1965, cedure (18 CFR 1.8 or 1.10) and the grant of the certificate is required by the Sabine Pipe Line Co. (Petitioner), 1111 Regulations under the Natural Gas Act public convenience and necessity. If a Rusk Avenue, Houston, Tex., 77052, filed (157.10) on or before September 27,1965. protest or petition for leave to intervene in Docket No. CP64-97 a petition to is timely filed, or if the Commission on amend thé certificate of public conven­ J o s e p h H . G u t r e d e , its own motion believes that a formal Secretary. ience and necessity issued on March 25, hearing is required, further notice of 1964, authorizing Petitioner to construct [F.R. Doc. 65-9489; Filed, Sept. 8, 1965; such hearing will be duly given. and operate a pipeline to be used to 8:46 aon.] Under the procedure herein provided transport natural gas owned by Texas for, unless otherwise advised, it will be Inc. (Texaco) from the Erath Plant of [Docket No. CP66-62[ unnecessary for Applicant to appear or Texaco in Vermilion Parish, La., to Tex­ be represented at the hearing. aco’s Port Arthur plants in Jefferson TEXAS EASTERN TRANSMISSION J o s e p h H . G utride, County, Tex., all as more fully set forth CORP. Secretary. in the petition to amend which is on file with the Commission and open to public Notice of Application [F.R. Doc. 65-9490; Filed, Sept. 8, 1965; 8:46 ajn.} inspection. S e p t e m b e r 1,1965. The certificate issued March 25, 1964, Take notice that on August 24, 1965, authorized Petitioner, a wholly owned Texas Eastern Transmission Corp. (Ap­ [Docket No. E-7120] subsidiary company of Texaco, to con­ plicant) , Post Office Box 2521, Houston, struct and operate approximately 127 CRISP COUNTY POWER COMMISSION Tex., 77001, filed in Docket No. CP66-62 AND GEORGIA POWER CO. miles of 24-inch pipeline to transport an application pursuant to section 7(c) natural gas for Texaco. Petitioner pro­ of the Natural Gas Act for a certificate Order Denying Motion To Dismiss and posed to transport approximately 155,000 of public convenience and necessity Mcf of natural gas on an average day ^Providing for Hearing authorizing the sale of 510 Mcf per day and approximately 187,000 Mcf on a and 306 Mcf per day of natural gas to S e p t e m b e r 2,1965. m axim um day during the first full year Huntingdon Gas Co. and Shamokin Gas On August 8,1963, Crisp County Power of operation. Co., respectively, under Applicant’s An­ Commission (Crisp County) Cordele, By the instant filing, Petitioner pro­ nual Firm Gas Rate Schedules on file Ga., filed with the Federal Power Com­ poses the following changes in the con­ and in effect with the Commission, all mission a complaint against Georgia struction program. as more fully set forth in the application Power Co. (Georgia Power), Atlanta, (1) Acquisition of approximately 43 which is on file with the Commission and Ga., requesting the Commission to order, miles of existing 16-inch pipeline from open to public inspection. pursuant to section 202(b) of the Fed­ the east bank of the Calcasieu River in Applicant states that Huntingdon Gas eral Power Act, that Georgia Powe the vicinity of Lake Charles, La., directly Co. has indicated that it will need the establish interconnection with and in­ to a point approximately 7 miles from aforesaid additional quantity of natural terchange power and energy with CriSP Texaco’s Port Arthur plante, which line gas commencing September 1, 1965. County under terms and conditions to œ is presently owned by the Texas Pipe Line Shamokin Gas Co. has indicated that of prescribed by the Commission. Co., another wholly owned subsidiary the proposed 306 Mcf per day of natural On September 9, 1963, Georgia Pow company of Texaco; gas, it will need 204 Mcf per day com­ filed with the Commission an Answer (2) Looping of the above-described mencing September 1, 1965, and 102 Mcf and Motion To Dismiss the Complaira 16-inch line with an 18-inch pipeline; per day commencing September 1, 1966. filed by Crisp County. The motion m (3) Substitution of 22-inch pipeline Applicant further states that deliveries dismiss contended that Crisp County _ for the presently authorized 24-inch of natural gas to Huntingdon Gas Co. not a "person” within the meaning pipeline from Texaco’s Henry Gasoline section 202(b) of the Federal Power act. Plant to the east bank of the Calcasieu would be made at the existing point of On September 30, 1963, Crisp Cou River and the final 7 miles of proposed delivery to that Company in Huntingdon filed an Answer to Georgia Power pipeline. County, Pa., and deliveries of natural gas s mo­ The estimated cost of construction of to Shamokin Gas Co. would be made at tion to dismiss, and on October II, ’ the facilities as they are now proposed is an existing point of delivery in Berks Georgia Power filed a supplemental Thursday, September 9, 1965 FEDERAL REGISTER 11571

In support of the motion to dismiss. Staff and intervenors; November 30, 1965— sired to avoid any possibility of escalating This Commission in its past decisions has Commencement of hearing. the pricing provisions in the then- indicated that municipalities are “per­ The Commission further finds: It is existing gas purchase contracts. sons’' for purposes of complaint and in­ necessary and appropriate for the pur­ The instant proposal, as approved by vocation of the consumer protective pro­ poses of the Federal Power Act that a the boards of directors of each company, visions of part n of the Federal Power public hearing be ordered respecting the consists of the conversion of American Act. Shrewsbury Municipal Light De­ issues presented under section 202 of the Louisiana’s 205,000 shares of $100 par partment v. New England Power Com­ Act and in the Complaint and the value common stock now issued and out­ pany, Order Fixing Date of Hearing, Answer. , , standing into an equal number of Appli­ Denying Motion To Dismiss, issued May The Commission orders : cant’s shares of $100 par value common 2,1963, Docket No. E-7021,------FPC ------(A ) Georgia Power’s motion to dismiss stock, and there will be a succession by The Commission was upheld by the the complaint of Crisp County is hereby Applicant to all the rights and liabilities Court of Appeals, New England Power denied. of American Louisian^,. American Lou­ Co. v. F.P.C., ____ F. 2 d ------C.A. 1 (B ) Pursuant to the authority com- isiana’s First Mortgage Pipe Line Bonds, #6434, decided July 21, 1965. Although tained in the Federal Power Act, par­ 4^2 percent series due 1976, will be ex­ the court did not reach the question of ticularly sections 202, 308 arid 309 changed for an equivalent principal whether a municipality which generates thereof, a public hearing shall be held amount of Applicant’s First Mortgage electricity is a “person” under section commencing on November 30, 1965, at Pipe Line Bonds with the same interest 202(b), there is nothing in the legis­ 10 a.m., e.s.t., in a hearing room of the rate, final maturity date and redemption lative history to indicate that any dis­ Federal Power Commission, 441 G Street prices, pursuant to an agreement by the tinction was intended in the Act be­ NW., Washington, D.C., respecting the bondholders to the exchange. The tween municipalities with generating issues presented under section 202 of the amount of earnings retained in the busi­ facilities and municipalities without act and in the Complaint and the An­ ness, as shown on the books of American generating facilities insofar as their swer. Louisiana will be allocated to earnings ability to secure interconnection with (C ) The schedule for the service of retained in the business on the. books investor-owned utilities to provide service testimony and exihibits as set forth in of Applicant. The proposed effective to the municipal power distributor con­ the recital above is hereby adopted. date of the merger is January 1, 1966. sistent with section 202(b). All the (D ) Notices of intervention and peti­ Applicant proposes to continue service consumer safeguard provisions of part tions to intervene may be filed with the now rendered by American Louisiana. n of the Power Act can be invoked to Federal Power Commission, Washington, Applicant states that there is no longer regulate a public utility on the com­ D.C., 20426, in accordance with the Com­ any reason to retain the separate corpo­ plaint of a municipality. United States mission’s rules of practice and procedure rate identities of the two companies and v. Public Utilities Commission of Cali­ (18 CFR 1.8 and 1.37) on or before Sep­ that there are several reasons in support fornia, 345 U.S. 295, 312-313, 316 (1953). tember 15,1965. of the merger including more economical It is true that this case indicates (p. 313 financing of future expansion, better By the Commission. at footnote 23) that Congress intended utilization of the total eash resources of to preclude the Commission from re­ [ s e a l ] J o s e p h H. G tjtride, the two companies and other economies quiring anw investor-owned company to Secretary. resulting from the elimination of dupli­ cation of such matters as accounting and wheel power from a Federal or State or [F.R. Doc. 65-9491; FUed, Sept. 8, 1965; municipally owned generating system 8:46a.m.l reporting. The application states that to a customer of such system. But American Louisiana contemplates a pub­ nothing of this nature is contemplated lic offering of bonds in 1966 which will by Crisp County’s complaint, nor does [Docket No. CP66-65] complicate the merger if the merger is the fact that the appropriate terms of MICHIGAN WISCONSIN PIPE LINE CO. deferred until after the bond issue. any such interconnection may reflect the Applicant indicates that the proposed value of the generating capacity Crisp Notice of Application merger will increase no customer’s cost County can supply to the interconnected of gas that some rates will decline im­ S e p t e m b e r 1, 1965. system in any way bring the present mediately and that others will decline as matter within the ambit of the type of Take notice that on August 26, 1965, load patterns change. Applicant pro­ situation Congress was concerned with Michigan Wisconsin Pipe Line Company poses to adopt an additional rate sched­ in limiting the scope of Commission (Applicant), 1 Woodward Avenue, De­ ule, concomitant with the merger, which authority under section 202(b). In troit, Mich. 48226, filed in Docket No. will permit its present customers to in­ short, it is clear that Crisp County is a CP66-65 an application pursuant to sec­ crease their annual purchases of gas over ‘person” within the meaning of that tion 7(c) of the Natural Gas Act for a the volumes now available to them under term as it appears in section 202(b), and certificate of public convenience and ne­ Rate Schedule ACQ-1. Applicant states there is nothing in the Act or its legisla­ cessity authorizing the acquisition by that the Small General Service custom­ tive history which stands in the way of merger and operation of the facilities of ers of American Louisiana would obtain our granting it the relief requested if it American Louisiana Pipe Line Co. an immediate rate reduction, since Appli­ is necessary or appropriate in the pub- (American Louisiana) pursuant to the cant’s SGS-1 rate of 44.7 cents per Mcf uc interest and otherwise consistent plan of reorganization and agreement of will be substituted for American Louisi­ with the section’s standards. It is there- merger entered into by Applicant and ana’s presently effective comparable rate iore appropriate to deny Georgia Power’s American Louisiana, all as more fully set of 45 cents. Other rate matters are more Motion To Dismiss. forth in the application which is on file fully discussed in the application. As a result of informal conferences with the Commission and open to public Protests or petitions to intervene may among representatives of Crisp County, inspection. be filed with the Federal Power Commis­ The application states that Applicant sion, Washington, D.C., 20426, in accord­ Georgia Power and the Commission’s and American Louisiana are both staff for purposes of clarification of the ance with the rules of practice and pro­ wholly owned subsidiary companies of cedure (18 CFR 1.8 or 1.10) and the regu­ issues and agreement as to service of American Natural Gas Co. In 1953, lations under the Natural Gas Act Prepared testimony, the following sched­ when the American Natural system re­ (157.10) on or before September 28, ule has been recommended for Commis­ quired an increased gas supply, American 1965. sion consideration: Louisiana was formed to construct a new Take further notice that, pursuant to September 15,1965— Service of direct testl pipeline from the Louisiana gulf coast. the authority contained in and subject is n,e^c n<^ exhibits of Crisp County; Octobe Applicant states that the reasons for the to the jurisdiction conferred upon the h_' ^Service of testimony and exhibit new company were that a greater portion Federal Power Commission by sections of Power; November 3, 1965— Servlc of the cost of construction could be fi­ 7 and 15 of the Natural Gas Act and the w testimony and exhibits by Commissio: nanced from the sale of bonds than Commission’s rules of practice and pro­ o*~~ and interveners; November 15. 1965- oemce ° f testimony and exhibits by Georgi would have been possible if Applicant cedure, a hearing will be held without bv rv ,111 ^Ply Staff and intervenes, am were to have constructed the pipeline, further notice before the Commission on j lap County in reply to Georgia Powe; and the American Natural system de­ this application if no protest or petition 11572 NOTICES to intervene is filed within the time re­ seeks authorization to render natural gas quired herein, if the Commission on its transportation service for Gulf,1 on a GENERAL SERVICES ADMINIS­ own review of the matter finds that a high priority basis, in volumes up to grant of the certificate is required by the 11,500 Mcf per day, provided that the TRATION public convenience and necessity. If a total daily volume of such natural gas protest or petition for leave to intervene to be sold and transported on a high LUMP STEATITE TALC IN NATIONAL is timely filed, or if the Commission on its priority basis shall not exceed in the STOCKPILE own motion believes that a formal hear­ aggregate of 11,500 Mcf per day, and to Proposed Disposition ing is required, further notice of such continue the direct interruptible sale of hearing will be duly given. gas to Gulf in volumes up to 10,000 Mcf Pursuant to the provisions of section Under the procedure herein provided of gas per day. 3(e) of the Strategic and Critical Ma­ for,'unless otherwise advised, it will be Applicant states that the high priority terials Stock Piling Act, 50 U.S.C. 98b(e), unnecessary for Applicant to appear or sales and transportation services are notice is hereby given of a proposed dis­ be represented at'the hearing. subject to curtailment or discontinuance position of approximately 1,049 short in order to supply the requirements of tons of lump steatite talc now held in J o s e ph H, O u t r id e , the national stockpile. Secretary. present or future customers of Applicant purchasing gas on a firm basis for resale. This quantity of lump steatite talc is [F.R. Doc. 65-9492; Filed, Sept. 8, 1965; The gas proposed to be transported excess to the needs of the stockpile as a 8:46 ajn.] would be produced by Gulf from acreage result of a revised détermination made in the Church Point Field located in by the Office of Emergency Planning, [Docket No. CP66-60] South Louisiana, as stated in the appli­ pursuant to section 2 of the Strategic TEXAS GAS TRANSMISSION CORP. cation. The application further states and Critical Materials Stock Piling Act, that the gas would be taken by Applicant 50 U.S.C. 98a, with respect to the quan­ Notice of Application and transported through its system for tity of lump steatite talc to be stockpiled. S e p t e m b e r 1, 1965. delivery to Gulf at Gulf’s Spencer Chem­ The General Services Administration Take notice that on August 23, 1965, ical Plant near Henderson, Ky. proposes to make said lump steatite talc Texas Gas Transmission Corp. (Appli­ In order to render the service, Appli­ available (a) for sale on a competitive cant) , 3800 Frederica Street, Owensboro, cant requests authority to install, con­ basis, (b) for transfer to agencies of the Ky., filed in Docket No. CP66-60 an ap­ struct and operate one meter station. U.S. Government for direct or indirect plication pursuant to section 7Tc) of the The total estimated cost of this meter use, (c) for payment for services in­ Natural Gas Act for a certificate of pub­ station is $5,200 and will be financed volved in upgrading Government-owned lic convenience and necessity authorizing with cash on hand. inventories or for other similar trans­ the continued direct industrial sale of Protests or petitions to intervene may actions, (d) for sale under foreign aid natural gas and the construction and be filed with the Federal Power Commis­ programs, or (e) for disposition in such operation of a meter station, all as more sion, Washington, D.C., 20426, in accord­ other manner as may be in the best fully set forth in the application on file ance with the rules of practice and pro­ interest of the Government. with the Commission and open to public cedure (18 CFR 1.8 or 1.10) and the The annual rate of disposal, exclusive inspection. Regulations under the Natural Gas Act of direct Government use, for the first Applicant was originally authorized to (157.10) on or before September 27,1965. disposal year will be approximately 5 to sell natural gas to Spencer Chemical Take further notice that, pursuant to 10 tons. The rate of disposal will be Co. (Spencer) under the terms of a direct the authority contained in and subject subject to adjustment upward in subse­ industrial sales contract between Appli­ to the jurisdiction conferred upon the quent years to the extent that growth in cant and Spencer dated August 5, 1950, Federal Power Commission by sections 7 consumption and improvement in mar­ pursuant to a certificate of public con­ and 15 of the Natural Gas Act and the ket conditions warrant. venience and necessity issued in Docket Commission’s rules of practice and pro­ The General Services Administration No. G-1471 on January 22, 1951 (10 FPC cedure, a hearing will be held without is requesting the Congress to enact legis­ 689). By an amendment to that certif­ further notice before the Commission on lation which would provide approval by icate, issued March 21, 1963 (29 FPC this application if no protest or petition the Congress of the proposed disposition 566) Applicant is presently authorized to to intervene is filed within the time re­ and also waiye the 6-month waiting sell natural gas, on a* high priority basis, quired herein, and the Commission on period prescribed by section 3(e) of in volumes up to 11,500 Mcf of gas per its own review of the matter finds that the Stock Piling Act. The talc will be day and to sell gas, on an interruptible a grant of the certificate is required by available for disposal upon the enact­ basis, in volumes up to 10,000 Mcf of gas the public convenience and necessity. ment of such legislation. per day. If a protest or petition for leave to in­ On April 29, 1964, Gulf Oil Corp. tervene is timely filed, or if the Commis­ Dated: August 31,1965. (Gulf) acquired Spencer and succeeded sion on its own motion believes that a Lawson B. Knott, Jr., to the rights and obligations of Spencer formal hearing is required, further no­ Administrator of General Services. under the industrial sales contract be­ tice of such hearing will be duly given. tween Spencer and Applicant. This con­ [F.R. Doc. 65-9506; Filed, Sept. 8, 1065; Under the procedure herein provided 8:47 a.m.] tract was subject to termination on Jan­ for, unless otherwise advised, it win be uary 1, 1967. . Applicant states that as a unnecessary for Applicant to appear pr result of discussions relating to an ex­ be represented at the hearing. tension of the term of said contract the parties entered into a transportation J o s e ph H . G u t r id e , SECURITIES AND EXCHANGE agreement and a sales agreement, both Secretary. dated June 23, 1965, and fully set forth [F.R. Doc. 65-9493; Filed, Sept. 8, 1965; COMMISSION in the application. The sales agreement 8:46 a.m.] [81¿-1250] supersedes the original industrial sales contract dated August 5,1950, as amend­ iOn July 21, 1965, Gulf filed an applica­ BALDWIN SECURITIES CORP. tion in Docket No. CI66-68 requesting that ed. Applicant further states that the Notice of Filing of Application for effect of the new agreements would be the Commission issue an order permitting and approving the abandonment of the sale Exempting to extend the term of the existing con­ Order Amending Order of gas to Transcontinental Gas Pipe Line Co. Relationship From Provisions o tract for a period of twelve (12) years (Transco) from G u lf’s gas reserves in the from January 1, 1965. Church Point Field. The gas proposed to the Act be transported herein is the same gas now Pursuant to the aforementioned agree­ September 2, 1965. ments Applicant seeks authorization to being sold to Transco and accordingly, this continue the direct industrial sale to application for a certificate of public con­ Notice is hereby given that Baldwin Gulf of natural gas, on a high priority venience and necessity is partially contin­ Securities Corp. ''(‘‘Baldwin’’) , * gent upon the approval of the abandonment Manhattan Plaza, New York, N basis in volumes up to 11,500 Mcf per day application filed by Gulf . Applicant states as previously authorized by the certifi­ that it has been advised that Transco has Delaware corporation registeredun cate issued in the aforementioned Docket no objection to the abandonment proposed the Investment Company Act on No. G-1471, as amended. Applicant also by Gulf. (“Act”), as a nondiversified closed-en Thursday, Septem ber 9, 1965 FEDERAL REGISTER 11573 investment company, has filed an appli­ other acquisition, at least 25 percent of tions. All interested persons are referred cation pursuant to section 6(c) of the the outstanding voting stock of the other to the joint application, on file at the Act for an order amending an Order of Investment company. office of the Commission, for a statement the Commission dated April 27, 1960 Section 6(c) of the Act provides that of the transactions therein proposed (Investment Company Act Release No. the Commission, by order upon applica­ which are summarized below. 3023), as amended by an Order of the tion, may conditionally or uncondi­ By Order dated June 23, 1965 (Hold­ Commission dated December 23, 1964 tionally exempt any persons or trans­ ing Company Act Release No. 15267), the (Investment Company Act Release No. actions from any provision or provisions Commission authorized Columbia of 4108) and by an Order of the Commission of the Act, if and to the extent that Kentucky to sell $1,300,000 principal dated June 28, 1965 (Investment Com­ such exemption is necessary or appro­ amount of installment promissory notes, pany Act Release No. 4287), to extend priate in the public interest and con­ the proceeds from which were to be used from August 31, 1965 until September sistent with the protection of investors in financing its 1965 construction pro­ 30,1965, the period during which Bald­ and the purposes fairly intended by the gram. Columbia of Kentucky now finds win’s ownership of stock of, and relation­ policy and provisions of the Act. that additional funds in the amount of ship with, General Industrial Enter­ Notice is further given that any in­ $1 million will be required for the year prises, Inc. (“General”) , a Delaware cor­ terested person may, not later than 1965 because of (1) an increase of $500,- poration registered under the Act as a September 16, 1965, at 5:30 p.m., submit 000 in 1965 construction estimates and nondiversified closed-end investment to the Commission in writing a request (2) the fact that certain refunds to cus­ company, shall be exempt from the pro­ for a hearing on the matter accompanied tomers must be made sooner than antic­ visions of section 12(d) (1) of the Act. by a statement as to the nature'of his ipated. Accordingly, Columbia of Ken­ All interested persons are referred to interest, the reason for such request and tucky proposes to issue and sell to Co­ the application on file with the Commis­ the issues of fact or law proposed to be lumbia, and Columbia proposes to ac­ sion for a statement of the representa­ controverted, or he may request that he quire, 24,000 shares of its common stock tions therein, which are summarized be notified if the Commission should at the aggregate par value of $600,000 below. ^ order a hearing thereon. Any such and its installment promissory notes in Baldwin presently owns approximately communication should be addressed : the aggregate principal amount of 93 percent of the issued and outstanding Secretary, Securities and Exchange Com­ $400,000. voting stock of General. Baldwin and mission, Washington, D.C., 20549. A The installment notes are to be unse­ General intend that General will be copy of such request shall be served per­ cured and nonregistered and will be merged into Baldwin without a vote of sonally or by mail (air mail if the person dated when issued. The principal stockholders, pursuant to section 253 of being served is located more than 500 amounts will be due in 25 equal annual the Delaware General Corporation Law. miles from the point of mailing) upon installments on January 15 of each of It is contemplated that the plan of Baldwin at the address set forth above. the years 1967 to 1991, inclusive. In­ ¡merger will provide that each stock­ Proof of such service (by affidavit or terest is to be paid semiannually at the holder of General (other than Baldwin) in case of an attomey-at-law, by cer­ rate of 4.6 percent per annum, which is will receive Baldwin stock equal in net tificate) shall be filed contemporaneously approximately equal to the cost of money asset value to the net asset value of with the request. At any time after said to Columbia with respect to its sale of General stock, subject to the appraisal date, as provided by Rule 0 -5 of the debentures on May 6, 1965 (see File No. rights given by section 253 of the Dela­ rules and regulations promulgated under 70-4265). ware General Corporation Law. the Act, an order disposing of the matter Expenses to be incurred by the compa­ A separate application has been filed may be issued by the Commission upon nies in connection with the proposed pursuant to section 17(b) of the Act the basis of the information stated in transactions are estimated at $200 for for an order of the Commission exempt­ this notice, unless an order for hearing Columbia and $800 for Columbia of Ken­ ing transactions incident to the pro­ upon this matter shall be issued upon tucky. The Kentucky Public Service posed merger of Baldwin and General request or upon the Commission’s own Commission, the State commission of the from the provisions of section 17(a) of motion. State in which Columbia of Kentucky the Act (File No. 812-1765). The in­ For the Commission, pursuant to is organized and doing business, has au­ thorized the proposed issue and sale of stant application states that the pro­ delegated authority. posed merger cannot be consummated common stock and installment notes. unless the Commission issues the ex- [SEAL] ORVAL L. DUBOIS, Notice is further given that any in­ emptive order requested under section Secretary. terested person may, not later than Sep­ 17 (b), and that it would be impracticable [F.R. Doc. 65-9480; Filed, Sept. 8, 1965; tember 20, 1965, request in writing that a to proceed with the merger until any 8:46 ajn .] hearing be held on such matter, stating such exemptive order which the Com­ the nature of his interest, the reasons mission may issue becomes final and no for such request, and the issues of fact [File No. 70-4301] longer subject to judicial review. The or law raised by the filing which he de­ Commission has issued an order pursuant COLUMBIA GAS OF KENTUCKY, INC., sires to controvert; or he may request to section 17(b) of the Act exempting AND THE COLUMBIA GAS SYSTEM, that he be notified if the Commission the transactions incident to the proposed should order a hearing thereon. Any merger from the provisions of section INC. such request should be addressed: Secre­ 17(a) of the Act. No hearing was re­ Notice of Proposed Issue and Sale of tary, Securities and Exchange Commis­ quested, and none was ordered by the Common Stock and Installment sion, Washington, D.C., 20549. A copy of Commission, in respect of the exemptive Notes by Subsidiary Company to such request should be served personally order under section 17(b) of the Act. or by mail (air mail if the person being Section 12(d) (1) of the Act provides, Holding Company served is located more than 500 miles in pertinent part, that it shall be unlaw- September 2, 1965. from the point of mailing) upon the ap­ iui for any registered investment com- Notice is hereby given that the Colum­ plicants at the above-stated address, and Pany to purchase or otherwise acquire bia Gas System, Inc. ( “Columbia”) 120 proof of service (by affidavit or, in case any security issued by any other invest­ East 41st Street, New York, N.Y., 10017, of an attorney at law, by certificate) ment company if such registered invest­ a registered holding company, and its should be filed contemporaneously with ment company will, as a result of that wholly owned gas utility subsidiary com­ the request. At any time after said purchase or other acquisition, own over pany, Columbia Gas of Kentucky, Inc. date, the joint application is filed or as Percent (3 percent where the other in- (“Columbia of Kentucky”) , have filed a it may be amended, may be granted as estment company is a diversified com- provided in Rule 23 of the general rules rin * of tlie outstanding voting secu- joint application with this Commission and regulations'promulgated under the nni other investment company. pursuant to the Public Utility Holding ®ss the registered investment company Company Act of 1935 (“Act”) , designat­ Act or the Commission may grant exemp­ tr-rtvi f ny c°mpany or companies con- ing sections 6 (b ), 9,10, and 12(f) of the tion from such rules as provided in Rules oiied by the registered investment com- Act and Rule 43 promulgated thereunder 20(a) and 100 thereof or take such other »ny owns, at the time of the purchase or as applicable to the proposed transac­ action as it may deem appropriate. 11574 NOTICES

For the Commision (pursuant to dele- accrued depreciation, to dispose of the Notice is hereby given that Allegheny gated authority). difference between the purchase price has filed an application with this Com­ and the depreciated original cost in ac­ mission setting forth the fees and ex­ [ se al] O rval L. D u B o is , cordance with applicable State and penses incurred in connection with said Secretary. Federal Power Commission accounting plan and requesting that the C om mission [F.R. Doc. 65-9481; Filed, Sept. 8, 1965; requirements. release jurisdiction with respect thereto. 8 :46 a.m.] The application states that no ex­ All interested persons are referred to the penses are to be incurred by Ohio except application, on file at the office of the [File No. 70-4300] for legal expenses of Ohio counsel, esti­ Commission, for a statement of the serv­ mated not to exceed $2,500, and that no ices performed and of the related fees OHIO POWER CO. State or Federal commission, other than and expenses, the allowance of which is Notice of Proposed Acquisition of this Commission, has jurisdiction over requested. the proposed transaction. The fees and expenses relating to the Utility Assets From a Municipality Notice is further given that any in­ plan, aggregating $72,000, are to be paid S e pte m b e r 2,1965. terested person may, not later than Sep­ by Allegheny and are detailed as follows: tember 22, 1965, request in writing that Notice is hereby given that Ohio Power a hearing be held on such matter, stating Sullivan & Cromwell : Co. (“Ohio”) , 301 Cleveland Avenue SW^ Fee_____ i ______632,500.00 the nature of his interest, the reasons for Canton, Ohio, an electric utility sub­ Disbursements___ 2,275.00 $34,775.00 sidiary company of American Electric such request, and the issues of fact or law raised by said application which he Power Co., Inc., a registered holding com­ Standard Research Consultants, pany, has filed an application with this desires to controvert; or he may request Inc.: that he be notified if the Commission Fee______$14,704.26 Commission pursuant to the Public Util­ should order a hearing thereon. Any Expenses______743.32 15,447.58 ity Holding Company Act of 1935 such request should be addressed: Sec­ (“Act”), designating sections 9 and 10 N.Y. Stock Exchange Listing retary, Securities and Exchange Commis­ thereof as applicable to the proposed Fee ______— 1, 538.00 sion, Washington, D.C., 20549. A copy transaction. All interested persons are Pittsburgh National Bank (West of such request should be served per­ referred to the application, on file at the Penn Power Co. Common sonally or by mail (air mail if the person Stock Transfer A gent)______1,336.37 office of the Commission, for a statement being served is located more than 500 First National City Bank (New of the transaction therein proposed miles from the point of mailing) upon York), Exchange Agent___!___ 7,804.18 which is summarized below. the applicant at the above-stated ad­ First National City Bank (New Ohio proposes to acquire from the city Y o rk ), Allegheny Power Sys­ dress, and proof of service (by affidavit of Willard, Ohio (“Willard”) , the electric tem, Inc., Common Stock or, in case of an attorney at law, by cer­ utility system of Willard which presently Transfer Agent-____.______3,703.05 tificate) should be filed contemporane­ serves approximately 2,160 customers Morgan Guaranty Trust Co. of ously with the request. At any time New York, Allegheny Power and which consists principally of a 5,000 after said date, the application, as filed System, Inc., Common Stock kw steam-electric generating plant, an Registrar _____ l_____ — ------1, 234.35 electric distribution system, and a street­ or as it may be amended, may be granted as provided in Rule 23 of the general Printing (notices, letters to lighting system. The system property stockholders, and stock cer­ will be conveyed free and clear of any rules and regulations promulgated under tificates) ______, 2,368.97 indebtedness and encumbrances. On the Act, or the Commission may grant Miscellaneous (reports and exemption from such rules as provided in April 5,1965, the City Council of Willard transcripts, advertising, post­ adopted an ordinance requesting bids for Rules 20(a) and 100 thereof or take such age, travel, telephone tolls, other action as it may deem appropriate. mimeographing, etc., Includ­ the entire Willard electric system, and ing $1,451.23 contingency for Ohio submitted its cash bid of $1,575,000. For the Commission (pursuant to dele­ future expenses)______3,792.52 Thereafter, the City Council adopted an gated authority). ordinance requiring submission of Ohio’s Total______72,000.00 [ s e a l ] O rval L . D u B o is , bid for voter approval at the general elec­ Secretary. tion to be held on November 2,1965. The Notice is further given that any inter­ application states that, in view of the [F.R. Doc. 65-9482; Filed, Sept. 8, 1965; ested person may, not later than Septem­ urgent need to improve Willard’s exist­ 8:46 ajn .] ber 22, 1965, request in writing th at a ing facilities and to provide a new distri­ hearing be held on such matter, stating bution substation tied into Ohio’s system, [File Noe. 59-109, 54-235] the nature of his interest, the reasons Ohio desires appropriate consideration of for such request, and the issues of fa c t or the proposed transaction by the Commis­ WEST PENN POWER CO. ET AL. law raised by said application which he sion prior to November 2, 1965. desires to controvert; or he may request Notice of Application Regarding Fees that he be notified if the Commission Ohio states that the price proposed to and Expenses be paid is based on a consideration of the should order a hearing thereon. Any estimated original cost of $1,561,448 and S eptem ber 1,1965. such request should be addressed; Secre­ tary, Securities and Exchange Commis­ the present condition of the system prop­ In the matters of West Penn Power sion, Washington, D.C:, 20549. A copy erty; the amount of gross revenues which Co., Allegheny Power System, Inc., File of such request should be served per­ Ohio could immediately expect from the No. 59-109; Allegheny Power System, sonally or by mail (air mail i f the person property, estimated at $300,000 per an­ Inc., 320 Park Avenue, New York, N.Y., being served is located more than 5UU num; the increase in revenues which 10022; File No. 54-235. could reasonably be expected from new miles from the point of mailing) upon On November 13, 1964, the Commis­ the applicant at the above-stated ad­ load development in the area; and the sion issued its Findings and Opinion and dress, and proof of service (by affidavit number of customers presently served Order herein (Holding Company Act Re­ by the system. The company estimates or, in case of an attorney at law, by cer­ lease No. 15145), approving, under sec­ tificate) should be filed contemporane­ that three years after the acquisition, tion 11(e) of the Public Utility Holding gross revenues and net operating income ously with the request. At any tun Company Act of 1935, a plan providing after said date, the Commission may is­ will be $410,000 and $82,700, respectively. for the issuance by Allegheny Power Sys­ Ohio states that the Willard facilities are sue an order approving such fees a tem, Inc. (“Allegheny”), a registered expenses and releasing junsmcti situated in the territory generally served holding company, of shares of its com­ thereover, or the Commission may ta& by Ohio; that the facilities to be acquired mon stock in exchange for the publicly- such other action as it deems appr would be integrated into Ohio’s system; held shares of common stock (4.79 per­ and that the application of Ohio’s pres­ cent of the total outstanding) of one of priate. ent rates would result in slightly lower its public-utility subsidiary companies, By the Commission. costs to Willard’s domestic and commer­ West Penn Power Co. In said order of [ seal] O rval L. DuBois, cial customers. November 13, 1964, the Commission re­ S e c re ta ry- Ohio proposes to record the assets to served jurisdiction with respect to the be acquired at their purchase price and, allowance of all fees and expenses related [FJL Doc. 65-9483; Filed, Sept. 8, 1965, after determining their original cost and to the plan. Thursday, Septem ber 9, 1965 FEDERAL REGISTER 11575

By order of the Commission. of Puerto Rico. In order to insure max­ TARIFF COMMISSION imum participation and expeditious pro­ [ s e a l ] D o n n N . B e n t , ceedings, the Commission has adopted [T E A -F-6 ] Secretary. the following procedure. GENERAL PLYWOOD CORP. [F.R. Doc. 65-9550; Filed, Sept. 8, 1965; All persons desiring to testify should 8:57 a.m.] file a written pre-hearing statement with Petition for Determination of Eligi­ the Commission. The final date for fil­ bility To Apply for Adjustment ing the pre-hearing statement is Octo­ Assistance UNITED STATES-PUERTO RICO ber 15, 1965, and no person shall testify orally who has not filed by this date. Investigation instituted. Upon peti­ These statements should contain the tion under section 301(a)(2) of the COMMISSION ON THE STATUS following: Trade Expansion Act of 1962, filed Au­ (1) Person’s name and address; gust 30, 1965, by the General Plywood OF PUERTO RICO (2) The organization, if any, he rep­ Corporation, 3131 West Market Street, resents; Louisville, Ky., the United States Tariff ECONOMIC MATTERS (3) The particular aspects of the eco­ Commission, on September 3, 1965, insti­ Notice of Public Hearings nomic field on which he will testify; tuted an investigation under section 301 (4) A brief statement, no longer than (c)(1) of the said Act to determine The United States-Puerto Rico Co;rn- one page, of the major points of the whether, as a result in major part of mission on the Status of Puerto Rico will testimony to be presented; concessions granted under trade agree­ hold its third public hearings during (5) The approximate length of the ments, certain plywood door skins, like mid-November 1965, in San Juan. In testimony. or directly competitive with articles pro­ accordance with the Commission’s pre­ Each person who files a pre-hearing duced by the aforementioned firm, are viously announced plans for holding statement should, if requested, make being imported into the United States hearings on specific subjects, these hear­ him self available for a conference with in such increased quantities as to cause, ings will be devoted exclusively to testi­ the Commission staff to make any needed or threaten to cause, serious injury to mony on economic aspects of the rela­ clarification of his prehearing statement such firm. tionship between the United States and and arrange the details of presentation. The imported. articles to which this Puerto Rico. The law establishing the Persons testifying may be asked subse­ investigation relates consist of birch and Commission requires it to “study all fac­ quently to file a complete written state­ lauan (Philippine mahogany) plywood tors bearing upon the present and future ment of their testimony. door skins, currently dutiable at 15 ahd relationship between the United States Submissions made pursuant to this 20 percent ad valorem under items 246.14, and Puerto Rico”. notice shall be sent to the United States- 240.18, and 240.26 of the Tariff Schedules Falling within the scope of the eco­ Puerto Rico Commission on the Status of the United States. nomics hearings are: of Puerto Rico at either of the following Public hearing ordered. A public (1) Present economic relationships be­ addresses: hearing, which has been requested by tween Puerto Rico and the United States the petitioner in connection with this 1634 Eye Street NW., Fifth Floor, Wash­ in such areas as tariff and commercial ington, D.C., 20006. investigation, will be held at 10 a.m., policy, wages, transportation, monetary Condominio San Alberto, Stop 17, Post e.d.s.t., on October 5,1965, in the Hearing and balance of payments relations, and Office Box 9561, Santurce, P.R. Room, Tariff Commission Building, 8th fiscal relations including investment in­ and E Streets NW., Washington, D.C. centives and the flow of Federal funds; All submissions shall be in duplicate Appearances at the hearing should be (2) Economic programs for proposed and may be presented in either English entered in accordance with § 201.13 of status transitions; and or Spanish. The Commission will notify each per­ the Tariff Commission’s rules of prac­ (3) Economic effects of proposed po­ son of the exact time and place where he tice and procedure. litical status alternatives. Inspection of petition. The petition will testify, the amount of time allotted The purpose of these hearings, as pre­ for his testimony and such additional filed in this case is available for inspec­ viously stated, is to permit the people of information as may be necessary. . tion at the office of the Secretary of the Puerto Rico to participate directly in the B e n S. S t e p h a n s k y , Commission, 8th and E Streets NW., work of the Commission and to inform Executive Secretary. Washington, D.C., and at the New York the members of the Commission. The City office of the Tariff Commission lo­ Commission wishes to hear representa­ S e ptem ber 7, 1965. cated in Room 437 of the Customhouse. tives of all points of view so that it will [F.R. Doc. 65-9504; Filed, Sept. 8, 1965; Issued: September 3, 1965. be fully aware of the views of the people 8:46 a.m.] 11576 FEDERAL REGISTER

CUMULATIVE LIST OF CFR PARTS AFFECTED— SEPTEMBER

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 September.

3 CFR Page 18 CFR Page 42 CFR Pa«e E x e c u t iv e O rders : P roposed R u l e s : 401_------11517 July 2, 1910 (modified by PLO 154______11228 3803)______11352 4 3 CFR July 2, 1910 (revoked in part 19 CFR P u b l ic L and O r ders: by PLO 3812)______11517 io______11317 317 (modified by PLO 3809) __ 11383 5799 (revoked by PLO 3808) __ 11354 21 CFR 922 (see PLO 3809)______11383 3591 (corrected by PLO 3807) _ 11353 11157 (amended by E O 11242) _ 11205 2______11279 11242______11205 3673 (corrected by PLO 3807) _ 11353 46______11349 3802— ______11326 121______5 CFR 11208 3803— ______11352 213______11208,11314,11371,11501 24 CFR 3804 ______11327 831______11209 203______11318,115Ó3 3805______11327 7 CFR 207______11279 3806 ______11352 220____ ,______11279 3807 ______11353 362______11272 3808 ______11354 701______11371 221______11279 809______11503 3809 ______11383 729______11345 3810 ______11383 908______11345 29 CFR 3811______:______11516 910______11346,11373 800______11504 3812 ______11517 919______11346 984______11346 30 CFR P roposed R u l e s : 987______11315 41______11349 3107______11355 3120______11329 1421______11207,11272,11315 32 CFR 1464______11501 537______11387 45 CFR P roposed R u l e s : 14 59 -______11351 119______11518 730______11282 120— ______11523 32A CFR 925______11530 Proposed Rules: 991______11282 OEP (ch. I) : 635___ 11396 993______11530 DMO 8505-1____ 11516 1004______11214 33 CFR 46 CFR Ch. I — ______—— 11413 14 CFR 203 ___ ,______11318 204 ______11209,11318 Proposed Rules: 21______11373,11376 531______— ______- _____ H284 39______11272,11313,11347,11348 207______11209 71____ 11209, 36 CFR 47 CFR 11354 11313, 11314,11348, 11330, 11381, 7____ ;______— 11388 2______11501. 11354 38 CFR 15— ______73______11314,11348,11502 P roposed R u l e s : 2______11318 75___ 11314 73______11284 95— ______11310 3______11388 83.______11284 97— — ______11273,11305 21______11319 159____ — ______— 11348 39 CFR 49 CFR 207______11381 51— :__ S ______11210 94— ______11351 11210 Proposed R ules : 56______96— ______11279,11351 11524 39______i_ _ 11227,11283 168______11281 110______71__ 11283,11328,11329,11392-11396 P roposed R u l e s : 50 CFR 73______— ______11283 48— ______11282 11383 121______11530 10 231______— ______11227 41 CFR 32 —————I———-- 11211' 11212, 11271, 11327, 11386, 11387, 399______i ______11391 9 -1 ______11351 9 -9 ______11352 11525-11527. ______n327 15 CFR 9 -1 0 ______11351 33 30______11502 9-16______— _ 11351 P roposed R u l e s : 11529 P roposed R u l e s : 9 -5 1 ______11351 32 ______11529 Subtitle A______11390 101-47______11281 33 ______