Treasury Department Detailed List of Contents Appears Inside

FEDERAL REGISTER VOLUME 31 • NUMBER 74

Saturday, April 16,1966 Washington, D.G. Pages 5867-5933

Agencies in this issue— Agricultural Research Service Agricultural Stabilization and Conservation Service Agriculture Department Civil Aeronautics Board Civil Service Commission Coast Guard Consumer and Marketing Service Customs Bureau Federal Aviation Agency Federal Maritime Commission Federal Power Commission Federal Trade Commission Fish and Wildlife Service Food and Drug Administration Foreign Assets Control Office General Services Administration International Joint Com m issi on— United States and Canada Interstate Commerce Com m ission Land Management Bureau Securities and Exchange Com m ission Treasury Department Detailed list of Contents appears inside. y

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AGRICULTURAL RESEARCH Proposed Rule Making Notices SERVICE Com; official grain standards 5905 Hall, David V.; notice of loan ap­ Meat inspection; approval of sub­ plication______5907 Notices stances for use in preparation of Regional directors and field per­ Black stem rust; addition to and meat food products______5905 sonnel; delegations of author­ correction of list of establish­ ity------5907 ments______5908 CUSTOMS BUREAU Notices FOOD AND DRUG AGRICULTURAL STABILIZATION Whole frozen eggs from the ADMINISTRATION AND CONSERVATION SERVICE United Kingdom; withholding Proposed Rule Making Rules and Regulations of appraisement notices______5907 Fruit preserves and jams; correc­ Conserving base and designated FEDERAL AVIATION AGENCY tion-______5906 diverted acreage______5873 Rules and Regulations FOREIGN ASSETS CONTROL AGRICULTURE DEPARTMENT IFR a ltitu d es; miscellaneous OFFICE amendments______5871 See also Agricultural Research Notices Proposed Rule Making Servicer Agricultural Stabiliza­ Importation of certain merchan- tion and Conservation Service; Review of miscellaneous eligibility dise directly from the Republic Consumer and Marketing Serv­ criteria and program m ing of the Philippines; available ice. standards; extension of com­ certifications by the Govern­ Notices ment period______!______5906 ment of the Republic of the Great Plains Conservation Pro­ Philippines______5907 gram; applicability to certain FEDERAL MARITIME counties in Oklahoma______5908 COMMISSION GENERAL SERVICES Notices ADMINISTRATION CIVIL AERONAUTICS BOARD Continental North Atlantic West­ Rules and Regulations Notices bound Freight Conference; or­ New and revised standard forms Hearings, etc.: der to show cause why agree­ ment should not be disap­ for construction contracts_____ 5880 Akron-Canton Regional Airport Utilization of personal property; Authority______5908 proved______5910 Crescent Forwarding Service; or­ dangerous excess personal prop­ International Air Transport erty; cost of care and handling. 5885 Association____ :______5908 der to show cause______5910 Lawrenceville, Ill./Vincennes, Sea-Land Service Inc.; increased Ind______5909 rates in Alaska trade on com­ HEALTH, EDUCATION, AND Reopened transatlantic route modities requiring temperature WELFARE DEPARTMENT renewal case______5909 control______5909 Valdes, F. C. & Co., Inc.; order to See Food and Drug Administra­ tion. CIVIL SERVICE COMMISSION show cause______5910 Rules and Regulations FEDERAL POWER COMMISSION INTERIOR DEPARTMENT Health, Education, and Welfare Rules and Regulations See Fish and Wildlife Service; Department; excepted service; Rules of practice and procedure; Land Management Bureau. correction______5871 requirement that title to a Voting Rights Program; Missis­ pleading include name of party sippi------5902 making the filing______5878 INTERNATIONAL JOINT COMMISSION— UNITED COAST GUARD Notices Hearings, etc.: STATES AND CANADA Rules and Regulations Ashland Oil & Refining Co., Notices Barges carrying dangerous cargo; et al______5913 Champlain Waterway; public no­ open hopper type barges trans­ Bogle Farms, Inc., et al_____ 5914 tice of hearing______5912 porting chlorine in bulk______5903 Continental Oil Co., et al____ 5919 El Paso Natural Gas Co______5918 Horizon Oil Co., et al______5915 INTERSTATE COMMERCE CONSUMER AND MARKETING Inland Gas Co., Inc______5917 COMMISSION SERVICE Midhurst Oil Corp______5916 Southern Natural Gas Co_____ 5917 Notices Rules and Regulations Town of Mason, Term., and Fourth section applications for Handling limitations: Trunkline Gas Co______5918 relief------5930 Lemons grown in California and Middlewest, Central and south­ Arizona______5876 FEDERAL TRADE COMMISSION west S ta te s; per shipment Navel oranges grown in Arizona charges and minimum charges. 5929 and designated part of Cali­ Rules and Regulations Motor carrier: fornia------5875 Inland Container Corp., et al.; Temporary authority applica­ Valencia oranges grown in Ari­ prohibited trade practices____ 5879 tions------5927 zona and designated part of Transfer proceedings (2 docu­ California______5876 ments) ______5929 Milk in certain marketing areas: FISH AND WILDLIFE SERVICE Nitromethane; transportation Greater Kansas City______5877 Rules and Regulations found lawful______5920 St. Joseph, Mo______5877 Florida et al.; sport fishing______5904 (Continued on next page) 5869 5870 CONTENTS

LAND MANAGEMENT BUREAU SECURITIES AND EXCHANGE TREASURY DEPARTMENT Rules and Regulations COMMISSION See also Coast Guard; Customs Public land orders : Notices Bureau; Foreign Assets Control Alaska (5 documents)___ 5900-5902 Hearings, etc.: Office. Arizona______5899 Arkansas Power & Light Co__ 5920 Rules and Regulations California (2 documents)_ 5899,5900 United Security Life Insurance Colorado______5898 Co______5919 Standards of conduct-______5885 Montana (3 documents)_____ 5897, 5901, 5902 Notices Nevada______5897 Whole frozen eggs from United New Mexico______5901 Kingdom; notice of intent to Oregon (2 documents)___ 5897, 5898 discontinue investigation and to Washington__ ___ 5897 make determination that no Wyoming______5900 sales exist below fair value___ 5907

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, 1966, and specifies how they are affected.

3 CFR 16 CFR 2834 (see PLO 3994)______—__ 5901 2924 (revoked in part by PLO Executive Orders: 13______5879 3990)______5901 July 18, 1891 (revoked in part by 3342 (see PLO 3988) ______5900 PLO 3978)______s 5897 3365 (revoked by PLO 3996)____ 5902 July 2, 1910 (revoked in part by 18 ‘CFR 3978______5897 PLO 3989)______5900 1______r ______5878 3979- ______——___ 5897 Apr. 4, 1917 (revoked by PLO 3980 ______5897 3995)______5902 3981 ______5897 6544 (revoked in part by PLO 21 CFR 3982 ______5898 4984)______5899 P roposed R ules : 3983 ______Ä ______5898 29______5906 3984 ______5899 5 CFR 3985 ______1______5899 213______5871 3987 ______5900 31 CFR 3988 ______5900 7 CFR 3989 ______5900 792______5873 0______5885 3990 ______:______5901 907 ------5875 3991 ______5901 908 ______5876 41 CFR 3992 ______5901 910______5876 3993 ______5901 1061______, ______5877 1-1______5880 3994______5901 1064_____ 5877 1-8______5880 3995 ______5902 P roposed R ules : 1-16______5880 3996 ____ 5902 26______5905 101-43__ 5885 4 5 CFR 9 CFR 801______5902 P roposed R ules: 43 CFR 318______5905 P ublic Land Orders : 4 6 CFR 14 CFR 338 (revoked by PLO 3981)_____ 5897 98------___ 5903 2470 (revoked in part by PLO 95------5871 3992)______5901 P roposed R ules: 2787 (revoked in part by PLO 5 0 CFR 151------5906 3994) ______...... ___...... 5901 33___^:._------5904 5871 Rules and Regulations

From to, and MEA From to, and MEA Title 5— ADMINISTRATIVE Evergreen, Ala., VOR; INT, 104° M rad EVR Teresa INT, Fla. via W alter.; Creek INT, Fla. and 009° M rad CEW; *2,000. *1,600— via W alter.; *5,500. *1,300—MOCA. PERSONNEL MOCA. Clio INT, Ala.; Shady Grove INT, Ala.; *2,300. Gainesville, Fla., VOR; INT, Gainesville VOR *1,600—MOCA. Chapter I— Civil Service Commission 230,° M rad and Cross City VOR 169° M rad; Shady Grove INT, Ala.; Montgomery, Ala., *1,700. *1,500—MOCA. VOR; *2,000. *1,500—MOCA. PART 213— EXCEPTED SERVICE Houston, Tex., LF/RBN; Galveston, Tex., LF/ RBN; 1,700. Section 95.6008 VOR Federal airway 8 Department of Health, Education, and Jacksonville, Fla., VOR; *INT, 129° M Jack­ is amended to read in part: Welfare sonville VOR and 360° M rads; **1,500. Hagerstown, Md„ VOR via N alter.; Braddock Correction *7,500—MCA INT, TAC 129° and DAB 360°, INT, Md., via N alter.; 3,300. southbound Daytona Beach VOR. **1,- Braddock INT, Md., via N alter.; Ashburn In F.R. Doc. 66-3915 appearing at page 300—MOCA. INT, Md., via N alter.; 3,000. 5659 in the issue for Tuesday, April 12, Jacksonville, Fla., VOR; *INT, 045° M Jack­ Martinsburg, W. Va., VOR; Boyds INT, Va.; sonville VOR and 181° M rads, Savannah 3.000. 1966, the amendatory language is cor­ VOR; **1,500. *7,500—MCA INT, JAX rected by singularizing the word “posi­ 045 ° and SAV 181 °, northbound. * * 1,200—- Section 95.6010 VOR Federal airway 10 tions” to read “position” and by deleting MOCA. is amended to read in part: the words “Confidential Secretary to the Tri-City, Tenn., LOM Blackford, Va., VOR; Deputy Under Secretary and”. Also, the 6,000. Litchfield, Mich., VOR; Milan INT, Mich.; designations and text of paragraph (a) Tri-City, Tenn., LMM Hilton INT, Va.; 5,000. *3,000. *2,300—MOCA. (32) in § 213.3316 are deleted. Tri-City, Tenn., LMM Holston Mountain, Milan INT, Mich.; Carleton, Mich., VOR; Tenn., VOR; 6,000. *2,500. *2,000—MOCA. Section 95.1001 Direct Routes—United Section 95.6014 VOR Federal airway 14 States is amended by adding: is amended to read in part: Title 14— AERONAUTICS AND Lincoln, Nebr., LOM; Omaha, Nebr., VOR Indianapolis, Ind., VOR; Muncie, Ind., VOR; (COP 15 LNK); *2,900. *2,700—MOCA. 2,800. SPACE Toltec INT, Ariz.; INT, PHY 147/TUS 285; Muncie, Ind., VOR; ‘Neptune INT, Ohio; *7,000. *6,500—MOCA. **3,000. *3,000—MRA. **2,500—MOCA. Chapter I— Federal Aviation Agency Victoria, Tex., VOR; Palacios, Tex., VOR; Neptune INT,' Ohio; Findlay, Ohio, VOR; 3.000. SUBCHAPTER F— AIR TRAFFIC AND GENERAL 1,500. Bahama Routes 95.6020 OPERATING RULES 63V Section VOR Federal airway 20 [Reg. Docket No. 7291; Arndt. 95-140] ♦Halibut INT, Bahama; Freeport, Bahama, is amended to read in part: VOR; **1,500. *2,500—MRA. **1,400— Mobile, Ala., VOR; Tensaw INT, Ala.; *2,000. PART 95— IFR ALTITUDES MOCA. *1,500—MOCA. . Miscellaneous Amendments Section 95.1001 Direct Routes—United Tensaw INT, Ala.; Monroeville, Ala., VOR; *2,100. *1,700—MOCA. The purpose of this amendment to States is amended to read in part: Mobile, Ala., VOR via S alter.; Stockton INT, Part 95 of the Federal Aviation Regula­ Puerto Rico Routes Ala., via S alter.; *2,000. *1,500—MOCA. Stockton INT, Ala., via S alter.; Monroeville, tions is to make changes in the IFR alti­ Route 4 tudes at which all aircraft shall be flown Ala., VOR via S alter.; *2,100. *1,400— Ramey, P.R., VOR; *Midway INT, P.R.; 5,300. MOCA. over a specified route or portion thereof. *4,500—MRA. Mobile, Ala., VOR via N alter.; INT, 029° M These altitudes, when used in conjunc­ Midway INT, P.R.; ‘Point Tima INT, P.R.; rad, Mobile VOR and 246° M rad, Monroe­ tion with the current changeover points **8,700. *8,700—MCA Point Tima INT, ville VOR via N alter.; *2,000. *1,700— for the routes or portions thereof, also northwestbound. * *5,000—MOCA. MOCA. assure navigational coverage that is ade­ Maytown INT, Fla.; Orlando, Fla., VOR; INT, 029° M rad, Mobile VOR and 246° M rad, quate and free of frequency interference 2,000. Monroeville VOR via N alter.; Monroeville, for that route or portion thereof. Section 95.6003 VOR Federal airway 3 Ala., VOR via N alter.; *2,100. *1,700— is amended to read in part: MOCA. As a situation exists which demands Monroeville, Ala., VOR; Pine Apple INT, Ala.; immediate action in the interest of Jacksonville, Fla., VOR via W alter.; ‘ O’Neil *2,200. *1,500—MOCA. safety, I find that compliance with the INT, Fla., via W alter.; **1,500. *2,000— Pine Apple INT, Ala.; Montgomery, Ala., VOR; notice and procedure provisions of the MRA. **1,100—MOCA *2,000. *1,800—MOCA. Administrative Procedure Act is imprac­ O’Neil INT, Fla., via W alter.; Brunswick, ticable and that good cause exists for Ga., VOR via W alter.; *1,500. *1,300— Section 95.6023 VOR Federal airway 23 making this amendment effective within MOCA. is amended to read in part: Vero Beach, Fla., VOR; Oak Hill INT, Fla.; less than 30 days from publication. *2,000. *1,500—MOCA. Eugene, Oreg., VOR via W alter.; Corvallis, In consideration of the foregoing and Oak Hill INT, Fla.; Daytona Beach, Fla., Oreg., VOR via W alter.; *3,000. *2,200— pursuant to the authority delegated to VOR; *2,000. *1,300—MOCA. MOCA. me by the Administrator (24 F.R. 5662), Raleigh-Durham, N.C., VOR; ‘ Chase City Corvallis, Oreg., VOR via W alter.; McCoy Part 95 of the Federal Aviation Regu­ INT, Va., **3,000. *3,000—MCA Chase INT, Oreg., via W alter.; 4,000. lations is amended, effective May 26, City INT, southbound. **1,700—iMOCA. 1966, as follows: Section 95.6026 VOR Federal airway 26 Section 95.6005 VOR Federal airway 5 is amended to read in part: 1. By amending Subpart C as follows: is amended to read in part: From, to, and MEA Salem, Mich., VOR; United States-Canadian Summitville INT, Term.; Milton INT, Tenn.; Border; *2,700. *2,300—MOCA. , Section 95.1001 Direct Route—United *3,000. *2,400—MOCA. United States-Canadian Border; Cleveland, States is amended to delete: Ohio, VOR; *2,500. *2,000—MOCA. Section 95.6007 VOR Federal airway 7 Boone, Tenn., RBN; Parley INT, Tenn., 4,600. is amended to read in part: Section 95.6035 VOR Federal airway 35 Boone, Tenn., RBN; HUton INT, Va., *6,000. *5,000—MOCA. •Lobster INT, Fla. via W alter.; Teresa INT, is amended to read in part: Cross City, Fla., VOR; Taylor, Fla., VOR; Fla. via W alter.; **5,500. *2,700—MRA. Calvary INT, Ga.; Hopeful INT, Ga.; *2,000. *3,000. *1,500—MOCA. **1,100—MOCA. *1,600—MOCA.

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 5872 RULES AND REGULATIONS From to, and ME A Section 95.6072 VOR Federal airway 72 Section 95.6194 VOR Federal airway Hopeful INT, Ga.; Camilla INT, Ga.; 2,500. is amended by adding: 194 is amended to read in part : Gulfstream INT, Fla.; Largo INT, Fla.; *4,000. From to, and MEA From, to, and ME A *1,200—MOCA. Largo INT, Fla.; Miami, Fla., VOR; *2,000. Albany, N.Y., VOR; Cambridge, N.Y., VOR; •Norwood INT, N.C.; Goldston INT, N.C.; *1,300—MOCA. 4.000. * *8,000. *3,000—MRA. * * 1,900—MOC^. Cambridge, N.Y., VOR; Hartness INT, Vt.; Section 95.6044 VOR Federal airway 44 *6,000. *5,600—MOCA. Section 95.6196 VOR Federal airway 196 is amended to read: is amended to read in part: Section 95.6097 VOR Federal airway 97 Martinsburg, W. Va., VOR; Sugar Loaf INT, is amended to read in part: Utica, N.Y., VOR; »Beaver INT, N.Y.; 5»,000. Md.; 3,000. *6,000—MRA. Americus INT, Ga.; »Junction City INT, Ga.; Beaver INT, N.Y.; Saranac Lake, N.Y., VOR; Section 95.6045 VOR Federal airway 45 **3,500. *3,000—MRA. **1,800—MOCA. 5.000. is amended to read in part: Calvary INT, Ga.; Hopeful INT, Ga.; *2,000. Saranac Lake, N.Y., VOR; Plattsburgh, N.Y., *1,600—MOCA. VOR; 5,000. Waterville, Ohio, VOR; Adrian INT, Mich.; Hopeful INT, Ga.; Camilla INT, Ga.; 2,500. *2,500. *2,000—MOCA. Section 95.6203 VOR Federal airway Adrian INT, Mich.; Jackson, Mich., VOR; Section 95.6098 VOR Federal airway 98 203 is amended to read in part: *2,800. *2,500—MOCA. is amended to read in part: Albany, N.Y., VOR; »Warren INT, N.Y., Section 95.6047 VOR Federal airway 47 Litchfield, Mich., VOR; Hudson INT, Mich.; 3,700: *4,500—MRA. is amended by adding: *3,000. *2,400—MOCA. Warren INT, N.Y.; Gateway INT, N.Y.; 4,500. Hudson INT, Mich.; Adrian INT, Mich.; Gateway INT, N.Y.; Saranac Lake, N.Y., VOR; Rosewood, Ohio, VOR via W alter.; Findlay, *3,000. *2,000—MOCA. 6.500. Ohio, VOR via W alter.; *2,800. *2,300— Adrian INT, Mich.; Carleton, Mich., VOR; Saranac Lake, N.Y., VOR; Massena, N.Y., MOCA. *2,500. *2,000—MOCA. VOR; 5,000. Section 95.6047 VOR Federal airway 47 Section 95.6102 VOR Federal airuoay Section 95.6210 VOR Federal airway is amended to read in part: 102 is amended to read in part: 210 is amended to read in part : Waterville, Ohio, VOR; Milan INT, Mich.; •Santa Rosa INT, Tex.; Wichita Falls, Tex., Indianapolis, Ind., VOR; Muncie, Ind., VOR; *2,400. *2,000—MOCA. VOR; 2,700. *4,000—MRA. 2,800. Milan INT, Mich.; Salem, Mich., VOR; *2,500. Muncie, Ind., VOR; Rosewood, Ohio, VOR; *2,000—MOCA. Section 95.6103 VOR Federal airway 2,800. 103 is amended by adding: Section 95.6050 VOR Federal airway 50 Section 95.6222 VOR Federal airway is amended to read in part: United States-Canadian Border; Salem, Mich., VOR; *3,000. *2,000—MOCA. 222 is amended to read in part: Indianapolis, Ind., VOR; Dayton, Ohio, VOR; Hattiesburg, Miss., VOR; Monroeville, Ala., 2,800. Section 95.6106 VOR Federal airway VOR; *2,000. *1,800—MOCA. Indianapolis, Ind., VOR via N alter.; Muncie, 106 is amended to read in part: Ind., VOR via N alter.; 2,800. Section 95.6232 VOR Federal airway Muncie, Ind., VOR via N alter.; Daytoh, Ohio, Gardner, Mass., VOR; Manchester, N.H., VOR; 232 is amended to read in part: VOR via N alter.; 2,800. 3,500. Manchester, N.H., VOR; Kennebunk, Maine, Chardon, Ohio, VOR; Franklin, Pa., VOR; Section 95.6051 VOR Federal airway 51 VOR; *2,600. *1,900—MOCA. *3,200. *3,000—MOCA. is amended to read in part: Franklin,« Pa., VOR; Cooksburg INT, Pa.; Section 95.6114 VOR Federal airway 3.500. Vero Beach, Fla., VOR; Oak Hill INT, Fla.; 114 is amended to read in part: Cooksburg INT, Pa.; Keating, Pa., VOR; *2,000. *1,500—MOCA. Vernon INT, Tex.; Wichita Falls, Tex., VOR; 4.000. Oak Hill INT, Fla.; Daytona Beach, Fla., VOR; *2,000. *1,300—MOCA. 2,700. Section 95.6245 VOR Federal airtoay »Santa Rosa INT, Tex., via S alter.; Wichita 245 is amended to read in part: Section 95.6055 VOR Federal airway 55 Falls, Tex., VOR via S alter.; 2,700. *4,000— is amended to read in part: MRA. Jackson, Miss., VOR; »Sharon INT, Miss.; **2,000. *2,700—MRA. * *1,500—MOCA. Dayton, Ohio, VOR; Wabash INT, Ohio; Section 95.6119 VOR Federal airway Sharon INT, Miss.; Columbus, Miss., VOR; 2,800. 119 is amended to read in part: *2,400. *2,000—MOCA. Wabash INT, Ohio; Fort Wayne, Ind., VOR; Clarion, Pa., VOR; Bradford, Pa., VOR; 4,000. *2,600. *2,200—MOCA. Section 95.6275 VOR Federal airway Dayton, Ohio, VOR via E alter.; »Neptune Section 95.6133 VOR Federal airway 275 is amended to delete: INT, Ohio, via E alter.; 2,800. *3,000— 133 is amended to read in part: Dayton, Ohio, VOR; Findlay, Ohio, VOR; MRA. Neptune INT, Ohio, via E alter.; Fort Wayne, Sandusky, Mich., VOR; United States-Ca­ *2,800. *2,300—MOCA. Ind., VOR via E alter.; *2,800. *2,200— nadian Border; *3,000. *2,000—MOCA. Findlay, Ohio, VOR; Custar INT, Ohio; 2,500. MOCA. United States-Canadian Border; Salem, Mich., Custar INT, Ohio; Waterville, Ohio, VOR; VOR; *2,700. *2,300—MOCA. *2,200. *2,000—MOCA. Section 95.6068 VOR Federal airway 68 Waterville, Ohio, VOR; Harbor View INT, is amended to read in part: Section 95.6141 VOR Federal airway Ohio; 2,300. 141 is amended to read in part: Harbor View INT, Ohio; Carleton, Mich., Cartwright INT, Tex.; Mathis INT, Tex.; VOR; 2,400. *1,800. *1,500—MOCA. ♦Keeseville INT, N.Y.; Riverview INT, N.Y.; Mathis INT, Tex.; Corpus Christ!, Tex., VOR; **6,000. *4,000—MCA Keeseville INT, Section 95.6275 VOR Federal airway *1,700. *1,400—MOCA. north westbound. * *4,200—MOCA. 275 is amended by adding: Riverview INT, N.Y.; Haystack INT, N.Y.; Section 95.6070 VOR Federal airway 70 6.000. Dayton, Ohio, VOR; Milan INT, Mich.; is amended to read in part: Haystack INT, N.Y.; Massena, N.Y., VOR; *5,500. *2,400—MOCA. 4.000. Milan INT, Mich.; Salem, Mich., VOR; *2,500. Greene County, Miss., VOR; Monroeville, Manchester, N.H., VOR; Concord, NH., VOR; *2,000—MOCA. Ala., VOR; *2,100. *1,700—MOCA. 2,900. Monroeville, Ala., VOR; Rutledge INT, Ala.; Section 95.6277 VOR Federal airway *2,200. *1,700—MOCA. Section 95.6159 VOR Federal airway 277 is amended to read in part: Rutledge INT, Ala.; Banks INT, Ala.; *2,500. 159 is amended to read in part: *1,900—MOCA. Rosewood, Ohio, VOR; »Neptune INT, Ohio; Banks INT, Ala.; Eufaula, Ala., VOR; *2,400. Greenville, Fla., VOR; Hartsfield INT, Ga.; **2,800. *3,000—MRA. **2,300—MOCA. *1,800—MOCA. *1,800. *1,700—MOCA. Neptune INT, Ohio; Fort Wayne, Ind., VOR; Hartsfield INT, Ga.; *Sale INT, Ga.; 2,500. *2,800. *2,200—MOCA. Section 95.6072 VOR Federal airway 72 *3,000—MRA. Section 95.6282 VOR Federal airway is amended to delete: Section 95.6184 VOR Federal airway 282 is amended to read: Albany, N.Y., VOR; Hoosick INT, N.Y.; 4,000. 184 is amended to read in part: Hoosick INT, N.Y.; INT 108° M rad, Cam­ Saranac Lake, N.Y., VOR; »Frontier INT, bridge VOR and 014° M rad, Westfield VOR; Tidioute, Pa., VOR; Philipsburg, Pa., VOR; N.Y.; 5,000. *5,000—MCA Frontier INT, *6,000. *5,700—MOCA. 4.000. Southbound.

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 RULES AND REGULATIONS 5873

From to, and ME A Section 95.6454 VOR Federal airway Section 95.7043 Jet Route No. 43 is Frontier INT, N.Y.; United States - Canadian 454 is amended to read in part: amended to read in part: Border; 2,000. From to, and MEA From, to, ME A, and MAA Section 95.6287 VOR Federal airway Monroeville, Ala., VOR; Rutledge INT, Ala.; Dayton, Ohio, VORTAC; Int, 012° M rad, 287 is amended to read in part: *2,200. *1,700—MOCA. Dayton, VORTAC and 2793 M rad, Windsor, Rutledge INT, Ala.; Banks INT, Ala.; *2,500. Ontario, VOR; 18,000; 45,000. ♦Kings Valley INT, Oreg.; McCoy INT, Oreg.; *1,900—MOCA. 4.000. *5,000—MCA Kings Valley INT, Banks INT, Ala.; Midway INT, Ala.; *2,300. Section 95.7071 Jet Route No. 71 is southbound. *1,600—MOCA. amended to read in part: Section 95.6289 VOR Federal airway Section 95.6456 VOR Federal airway Memphis, Tenn., VORTAC; Int, 349° M rad, 289 is amended to read in part: 456 is amended to read in part: Memphis VORTAC and 084° M rad, Walnut Gregg County, Tex., VOR; Harleton INT, Tex.; Ridge, VORTAC; 18,000; 45,000. *2,000. *1,900—MOCA. King Salmon, Alaska, VOR; *Big Mountain, Int. 349° M rad, Memphis, VORTAC and 084° Harleton INT, Tex.; Texarkana, Ark., VOR; Alaska, LF/RBN; **5,000. *10,000—MCA M rad, Walnut Ridge, VORTAC; Centralia, Big Mountain LF/RBN, northeastbound. 111., VORTAC; 20,000; 45,000. *2,000. *1,700—MOCA. * *4,500—MOCA. Section 95.6297 VOR Federal airway Big Mountain, Alaska, LF/RBN; ’ Cooper Section 95.7505 Jet Route No. 505 is 297 is amended to read in part: INT, Alaska, northeastbound; **11,500. added to read: Southwestbound; 6,000. *12,000—MCA Strongsville, Ohio, VOR; United States-Cana- Seattle, Wash., VORTAC; United States-Ca- Cooper INT, northeastbound. **6,000— nadian border; 18,000; 45,000. dian Border; *3,000. *1,900—MOCA. MOCA. Section 95.6303 VOR Federal airway Cooper INT, Alaska; ‘Harriet INT, Alaska; Section 95.7509 Jet Route No. 509 is 13.000. *11,000—MCA Harriet INT, south- amended to read in part: 303 is amended to read: westbound. Hot Springs, Ark., VOR; Avant INT, Ark.; Int, 356° M rad, Albany and 203° M rad, St. *2,500. *2,400—MOCA. Section 95.6463 VOR Federal airway Eustache, VOR; United States-Canadian Avant INT, . Ark.; *Booneville INT, Ark.; 463 is amended to read: border; 18,000; 45,000. **4,500. *4,000—MCA Booneville INT, Anchorage, Alaska, VOR; ‘Alexandria INT, southeastbound. * *3,600—MOCA. Alaska; 2,000. *5,000—MCA Alexandria 2. By amending Subpart D as follows: Booneville INT, Ark.; Fort Smith, Ark., VOR; INT, northwestbound. *2,700. *2,200—MOCA. Airway segment: From; to—Changeover Alexandria INT, Alaska; Sevenmlle INT, point: Distance; from Section 95.6317 VOR Federal airway Alaska; 6,400. 317 is amended to read in part : Section 95.6465 VOR Federaljxvrway Section 95.8003 VOR Federal airway *Cape Spencer, Alaska, LF/RBN; * * Harbor 465 is amended to read in part: changeover points: Point INT, Alaska; ***15,000. *12,200— Malad City, Idaho, VOR; Lund INT, Idaho, V-20 is amended by adding: MCA Cap Spencer LF/RBN, westbound. southbound; 11,000. Northbound; *14,- Mobile, Ala., VOR; Monroeville, Ala., VOR; •*15,000—MRA. ***5,300—MOCA. 000. *11,000—MOCA. 31; Mobile. Section 95.6328 VOR Federal airway Lund INT, Idaho; Jackson, Wyo., VOR; *14,- V-70 is amended to delete: 328 is added to read: 000. *12,900—MOCA. Evergreen, Ala., VOR; Euiaula, Ala., VOR; Jackson, Wyo., VOR; Dunoir, Wyo., VOR; 63; Evergreen. •Jackson, Wyo., VOR; * ‘Dubois, Idaho, VOR; 12,300. V-203 is amended by adding: ***15,000. *14,200—MCA Jackson VOR, Albany, N.Y., VOR; Saranac Lake, N.Y., VOR; westbound. **8,100—MCA Dubois VOR, Section 95.6490 VOR Federal airway 60; Albany. eastbound. ***14,800—MOCA. 490 is amended to read in part: V-328 is amended by adding: Jackson, Wyo., VOR; Dubois, Idaho, VOR; Section 95.6330 VOR Federal airway Cambridge, N.Y., VOR; Brattleboro INT, Vt.; 10; Jackson. 330 is added to read: *6,000. *5,800—MOCA. V-330 is amended by adding: Brattleboro INT, Vt.; Manchester, N.H., Jackson, Wyo., VOR; Idaho Falls, Idaho, •Jackson, Wyo., VOR; * ‘Idaho Falls, Idaho, VOR; 5,000. VOR; 10; Jackson. VOR; ***14,000. *13,000—MCA Jackson VOR, westbound. **7,500—MCA Idaho Section 95.6493 VOR Federal airway V-465 is amended by adding: 493 is amended by adding: Malad City, Idaho, VOR; Jackson, Wyo, Falls VOR, eastbound. ***13,200—MOCA. VOR; 43; Jackson. Waterville, Ohio, VOR; Harbor View INT, Section 95.6425 VOR Federal airway Ohio; *2,300. *2,000—MOCA. (Secs. 307, 1110, Federal Aviation Act of 425 is amended to read: Harbor View INT, Ohio; Carleton, Mich., 1958; 49 U.S.C. 1348, 1510) VOR; *2,400. *1,900—MOCA. Brookley, Ala., VOR; INT, 043° M rad, Mobile Issued in Washington, D.C., on April 11, VOR and 353° M rad, Brookley VOR; *2,000. Section 95.6496 VOR Federal airway *1,500—MOCA. 1966. 496 is amended to read in part: C. W. Walker, Section 95.6431 VOR Federal airway Mayfield INT, N.Y.; »Warren INT, N.Y.; 4,500. Acting Director, 431 is amended by adding: *4,500—MRA. Flight Standards Service. Warren INT, N.Y.; Glens Falls, N.Y., VOR; Boston, Mass., VOR; Revere INT, Mass.; 2,000. 4.000. [F.R. Doc. 66-4044; Filed, Apr. 15, 1966; Revere INT, Mass.; Hollis INT, Mass.; *2,000. 8:45 a.m.] *1,600—MOCA. Section 95.6510 VOR Federal airway Hollis INT, Mass.; Gardner, Mass., VOR; 510 is amended to delete: *3,500. *3,100—MOCA. Big Lake, Alaska, VOR; Matanuska INT, Section 95.6431 VOR Federal airway Alaska; 7,000. Title 7— AGRICULTURE 431 is amended to read in part: Matanuska INT, Alaska; Snowshoe INT, Alaska; 10,500. Chapter VII— Agricultural Stabiliza­ Glens Falls, N.Y., VOR; Gateway INT, N.Yj 5.000. Section 95.7032 Jet Route No. 32 is tion and C o n servatio n Service amended to read in part: (Agricultural Adjustment), Depart­ Section 95.6440 VOR Federal airway From, to, ME A, and MAA ment of Agriculture 440 is amended to read in part: Battle Mountain, Nev., VORTAC; Malad City, SUBCHAPTER D— PROVISIONS COMMON TO •Friday INT, Alaska; * ‘Puntilla INT, Alaska; Idaho, VORTAC; #18,000; 45,000. #MEA MORE THAN ONE PROGRAM ***11,000. *7,000—MCA F rid ay INT, is established with a gap in navigation northwestbound. ** 11,000—MRA. signal coverage. ***9,500—MOCA. PART 792— CONSERVING BASE AND Puntilla INT, Alaska; ’Windy Fork INT, Section 95.7042 Jet Route No. 42 is DESIGNATED DIVERTED ACREAGE amended to read in part: A laska; **11,000. *8,600—MCA W indy Sec. Fork INT, s o u th e a stb o u n d . **9,500— Nashville, Tenn., VORTAC; Beckley, W. Va, 792.1 Applicability. MOCA. VOR; 18,000; 46,000. 792.2 Farm conserving base.

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 5874 RULES AND REGULATIONS

Sec. (5) Volunteer cover. tion of a crop for harvest in a subsequent 792.3 Designation, use, and care of diverted (b) Maintaining the conserving base. year may be carried out in the fall of acreage under the Feed Grain, Up­ The producer shall devote to conserving the current year (or, in the case of the land Cotton, Wheat Diversion, and cropland adjustment program, the year Wheat Certificate Programs; ap­ uses on the farm during the current year proved conservation uses. (or, in the case of the cropland adjust­ for which the determination is being ment program, each year of the agree­ made) on acreage used in maintaining Au th o rity ; The provisions of this Part 792 ment period) an acreage of cropland, the conserving base. issued under Titles III, IV, V, and VI of the (5) Information will be available in Food and Agriculture Act of 1965, 79 Stat. in addition to the designated acreage 1187. and any acreage diverted under any the county ASCS office as to (i) the avail­ other Federal agricultural diversion pro­ ability of the conservation uses and prac­ § 792.1 Applicability. gram, at least equal to the farm con­ tices in a particular county, (ii) the spec­ This part contains regulations provid­ serving base determined in accordance ifications for the uses and practices, in­ ing for the determining and the main­ with paragraph (a) of this section. cluding any supplementation or modifi­ taining of the farm conserving base un­ Subject to the provisions of paragraph cation of such uses and practices, and der the cropland adjustment program for (c) of this section, the following uses of (iii) the disposal date referred to in para­ 1966 through 1969, Part 751 of this chap­ cropland on the farm will qualify as graph (b) of this section. ter, as amended; the feed grain program eligible conservation uses for the purpose § 792.3 Designation, use, and care of for 1966 through 1969, Part 775 of this of maintaining the conserving base: diverted acreage Under the feed chapter, as amended; the wheat diversion (1) The conservation uses set forth in grain, upland cotton, wheat diver­ and wheat certificate programs for 1966 paragraph (a) ,of this section, except sion, and wheat certificate programs ; through 1969, Part 728 of this chapter, as that soybeans must be incorporated into approved conservation uses. amended; and the 1966 upland cotton the soil by a date established by the State committee. (a) Cropland eligible for designation. program, Part 722 of this chapter, as Land diverted from the production of the amended. This part also contains regu­ (2) Trees or shrubs planted for ero­ sion control, shelterbelts, or other for­ crop must be designated by the operator lations governing the designation, use, of the farm and, subject to the provi­ and care of acreage diverted, and the estry purposes or for wildlife habitat during the current year (or, in the case sions of paragraph (b) of this section, approved conservation uses thereon, un­ must be cropland which was; der the feed grain program for 1966 of the cropland adjustment program, the year for which the determination is be­ (1) Intensively cultivated during at through 1969, the wheat diversion and least 1 of the 4 years immediately pre­ wheat certificate programs for 1966 ing made) or the fall of the preceding year. (Trees or vines in an orchard or ceding the current year; through 1969, and the 1966 upland cotton (2) Devoted to a conservation use, program. vineyard are not a conservation use.) (3) Water storage developed for any other than a water storage facility or § 792.2 Farm conserving base. purpose, including fish or wildlife habi­ trees, under a conservation reserve pro­ gram contract, cropland conversion pro­ (a) Determining the conserving base.tat during the current year (or, in the case of the cropland adjustment pro­ gram agreement, cropland adjustment A conserving base shall be determined program agreement, great plains con­ for the farm and shall be the average gram, the year for which the determina­ tion is being made) or the fall of the servation program agreement, or 1963 acreage of cropland on the farm devoted land use adjustment program agreement, in 1959 and 1960 to the conserving uses preceding year. (4) Plantings for wildlife food plots which terminated or expired with re­ specified below as adjusted by the coun­ spect to such land not more than 4 years ty committee to correct for abnormal (other than acreages of rice) or estab­ lishment of wildlife habitat. Barley, immediately preceding the current year factors affecting production and to give of the agreement period; due consideration to tillable acreage, corn, wheat and grain sorghums (includ­ ing oats and rye on farms diverting (3) Devoted to a hay crop (for hay crop-rotation practices, types of soil, soil green chop, silage or pasture) during all and water conservation measures, and such crops under the feed grain pro­ gram) will qualify only if planted in four years immediately preceding the topography (including the determination current year in a normal rotation pattern of odd and even year conserving bases small plots which are designated by the producer and approved by the county and is at least equal in productivity to where necessary to reflect an established the land on the farm which would qualify summer fallow rotation system): committee for such purpose prior to planting and no grazing or harvesting under (1) above; or (1) Permanent or rotation cover of (4) Designated and approved as di­ grasses and legumes consisting of peren­ other than by wildlife is permitted. (5) Corn or grain sorghums plowed verted acreage under the upland cotton, nial grasses, perennial or biennial leg­ feed grain, or wheat programs for 1961 umes or mixtures of legumes and peren­ down as green manure. (6) Other uses recommended by the or subsequent years but prior to the nial grasses. current year, except acreage devoted to (2) Summer or winter cover crops State committee which are not in con­ flict with otljer provisions of the pro­ trees or to water storage. consisting principally of small grains, (b) Cropland not eligible for designa­ annual legumes or annual grasses, in­ gram and which the Deputy Administra­ tor approves in advance. tion. The following land is not eligible cluding volunteer stands-of such crops, for designation: which are normally seeded in the area. (c) Additional provisions relating to the conserving base. (1) Cropland de­ (1) Land which is designated as di­ (An acreage of millet, sudan grass (in­ verted under any other program; cluding hybrids), sorghumgrass crosses voted to both an approved conserving use and a use which is not an approved (2) Land which is harvested in the or sweet sorghums not defined as feed current year prior to designation as di­ grains, cowpeas, field and canning peas, conserving use in the same year shall not be counted toward determining the verted acreage, except as provided in and field and canning beans, which is paragraph (c) of this section; harvested as silage, seed, or grain, or conserving base or maintaining the con­ serving base. (3) Turn rows, drainage ditches, wet for processing purposes shall not be con­ low-lying areas, droughty knobs or sidered as devoted to a conservation use. (2) Noncropland on the farm may not Soybeans shall not be considered as de­ be brought into cropland status unless banks, other areas which normally voted to a conservation use if harvested approved by the county committee and would not produce a crop and strips of for any purpose.) subject to the condition that the con­ less than four normal rows in skiprow (3) Small grain cover crops when used serving base determined for the farm planting patterns; for any purpose other than grain, unless shall be increased by an equal acreage. (4) Land which the county committee classified as feed grain, rice, or wheat (3) Designated acreage which is di­ determines the producer reasonably acreage. A crop will be considered used verted from tame hay and from summer could not expect to use for the produc­ for grain when harvested or grazed after fallow shall count toward maintaining tion of the crop being diverted because grain is maturing. the conserving base. of its physical condition or other reason; (4) Idle cropland including clean till­ (4) Measures normally carried out in (5) Land which at the time the di­ age and summer fallowed cropland. the area in connection with the produc­ verted acreage is designated is expected

FEDERAL REGISTER, VOL 31, NO. 74— SATURDAY, APRIL 16, 1966 RULES AND REGULATIONS 5875 to be utilized in the current year for 1 of the current year, or upon recom­ (iv) Barley or wheat (and oats and industrial development, housing, high­ mendation of the State committee, ap­ rye on farms with an oats-rye base) must way construction, or other nonfarm use; proval by the Deputy Administrator, and be clipped and left on the land or de­ (6) Land devoted to nonagricultural notice to the operator, between March stroyed by natural causes or mechanical use on or before September 30 of the 31 and October 1 or between April 14 means not later than the farm disposal current year, unless such land is acquired and October 15, except where the Secre­ date except that they may be left stand­ by eminent domain and a representative tary considers it necessary to permit the ing on wildlife food plots. of the State committee determines that diverted acreage to be grazed in order to (v) Volunteer cover, predominantly it could not be anticipated at the time alleviate a shortage of forage in the area native grasses and legumes (not weeds) the diverted acreage was designated that resulting from severe drought, flood, or which is as effective in preventing wind the land would be devoted to nonagri­ other natural disaster and consents to and water erosion as seeded cover, will cultural use before the end of the current such grazing subject to an appropriate qualify if acceptable to the county com­ year; reduction in the payment rate. In addi­ mittee. (7) Land devoted in the current year tion to the foregoing restriction, the des­ (2) Conservation practices for the to asparagus, strawberries, or bush fruits ignated diverted acreage shall not be preservation of open spaces, natural (including new plantings of such crops); grazed on or after October 1 of the cur­ beauty, the development of wildlife or (8) All land on a farm on which a rent year when planted to wildlife food recreational facilities, or the prevention Conservation reserve contract has been plots or devoted to a grain or oilseed crop of air or water pollution which meet the canceled since January 1 of the year which has matured, other than a sub­ specifications for such practices under preceding the current year because of stitute crop. the cropland adjustment program, Part a scheme or device to exceed the $5,000 (e) Diverted acreage devoted to des­ 751 of this chapter, as amended. payment limitation under the conserva­ ignated crops planted for harvest in lieu (3) Otherwise eligible cropland which tion reserve program unless the Deputy of conservation uses. Diverted acreage is designated as diverted acreage but Administrator determines that partic­ which is otherwise eligible for payment which is not devoted to one of the con­ ipation in the program would not be may be devoted to substitute crops and servation uses and practices specified in against the public interest; harvested subject to adjustments in pay­ subparagraphs (1) and (2) of this para­ (9) National wildlife refuges; ment as provided in individual program graph will qualify as being devoted to an (10) Land intended to be used for a regulations. approved conservation use only if the specific nonfarm use in a later year, (f) Use of land. Measures normally county committee determines that, due which would not be devoted in the cur­ carried out in the fall in the area in con­ to flood, drought or other natural disas­ rent year to an agricultural use; nection with the production of a crop ter, serious illness, or other cause not due (11) Cropland owned and operated by for harvest in a subsequent year may be to the fault or negligence of the producer, a State, county, or local government carried out on the diverted acreage in the it would not be practicable to devote the unless the owner establishes to the satis­ fall of the current year. land to any of such specified uses and faction of the comity committee that (g) Control of erosion, insects, weeds, practices in the current year, and if such it has adequate equipment or other and rodents. The farm operator shall measures for the control of erosion, in­ facilities readily available for the suc­ carry out such measures as are needed sects, weeds and rodents as are prescribed cessful production of row crops and small for the control of erosion, insects, weeds, by the county committee are carried out. grains and that the production of such and rodents on the designated acreage. (Information will be available in the crops is a normal practice for such land; If the county committee determines that county ASCS office as to (i) the availa­ and the measures carried out are not ade­ bility of the conservation uses and prac­ (12) Land in an orchard or vineyard, quate, it shall prescribe and require the tices in a particular county, (ii) the except that the area not devoted to trees application of such other or additional specifications for the uses and practices, or vines may be designated if the county measures as are needed. If erosion, in­ including any supplementation or modi­ committee determines that it would have sects, weeds, and rodents are not timely fication of such uses and practices, and been devoted to the crop being diverted controlled in accordance with instruc­ (iii) the disposal dates referred to in in the absence of the program and is tions received from the county commit­ paragraph (h) of this section.) otherwise eligible. tee, the designated diverted acreage shall, (c) Restriction on harvesting of crops for purposes of determining the total Effective date. Date of signature. from diverted acreage. No crop other diverted acreage on which payment is Signed at Washington, D.C., on April than the crops specified in paragraph based, be reduced by the number of acres 13, 1966. (e) of this section shall be harvested from on which erosion, insects, weeds, and H. D. G odfrey, the designated diverted acreage in the rodents are not satisfactorily controlled. Administrator, Agricultural Sta­ current year, except (1) where the crop (h) Approved conservation uses on bilization and Conservation is one which matured in the year preced­ diverted acreage. Subject to the pro­ Service. ing the current year on land which was visions of paragraphs (c), (d) , and (g) [F.R. Doc. 66-4172; Filed, Apr. 15, 1966; not designated as diverted acreage in of this section, the approved conserva­ 8:47 a.m.] such year under the feed grain, wheat tion uses on diverted acreage are as diversion, or upland cotton programs, follows: and the harvesting was delayed because (1) The conservation uses set forth InChapter IX— Consumer and Market­ of adverse weather or other conditions § 792.2(b) under the following condi­ ing Service (Marketing Agreements beyond the control of the farm operator, tions: and O rd ers; Fruits, Vegetables, or (2) where the Secretary determines (i) Idle cropland including clean till­ that it is necessary to permit the harvest­ age will qualify, unless the county com­ Nuts), Department of Agriculture ing of crops from the diverted acreage for mittee determines such practice is not [Navel Orange Reg. 109] use in the area in order to alleviate a consistent with good farming practices PART 907—NAVEL ORANGES shortage of forage resulting from severe in the area and would cause wind or drought, flood, or other natural disaster water erosion. GROWN IN ARIZONA AND DESIG­ and consents to such harvesting subject (ii) Summer-fallowed cropland will NATED PART OF CALIFORNIA to an appropriate reduction in the pay­ ment rate. In addition, no grain or oil­ qualify, unless the county committee Limitation of Handling determines such practice is not applicable seed crop (other than a substitute crop) § 907.409 Navel Orange Regulation which matures in the current year shall in the county. 109. (iii) Early maturing crops and crops be harvested from the designated (a) Findings. (1) Pursuant to the diverted acreage after December 31 of destroyed must be followed with other marketing agreement, as amended, and such year. approved conservation uses needed to Order No. 907, as amended (7 CFR Part (d) Restriction on grazing. The des­ protect the land throughout the cropping 907), regulating the handling of Navel ignated diverted acreage shall not be season when subdivisions (i) and (ii) are oranges grown in Arizona and desig­ grazed between April 30 and November not applicable. nated part of California, effective under

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 No. 74—2 5876 RULES AND REGULATIONS the applicable provisions of the Agricul­ Dated: April 15,1966. with this section will not require any special preparation on the part of per­ tural Marketing Agreement Act of 1937, P aul A. Nicholson, as amended (7 U.S.C. 601-674), and upon Deputy Director, Fruit and Veg- . sons subject hereto which cannot be the basis of the recommendations and etdble Division, Consumer completed on or before the effective date information submitted by the Navel and Marketing Service. hereof. Such committee meeting was Orange Administrative Committee, es­ held on April 14,1966. tablished under the said amended mar­ [F.R. Doc. 66-4255; Filed, Apr. 15, 1966; (b) Order. (1) The respective quan­ keting agreement and order, and upon 11:15 am.] tities of Valencia oranges grown in other available information, it is hereby Arizona and designated part of California found that the limitation of handling of [Valencia Orange Reg. 157] which may be handled during the period such Navel oranges, as hereinafter pro­ beginning at 12:01 a.m., P.s.t., April 17, vided, will tend to effectuate the declared PART 908—VALENCIA ORANGES 1966, and ending at 12:01 a.m. P.s.t., policy of the act. GROWN IN ARIZONA AND DESIG­ April 24, 1966, are hereby fixed as (2) It is hereby further found that it NATED PART OF CALIFORNIA follows: is impracticable and contrary to the pub­ (1) District 1: 68,634 cartons; lic interest to give preliminary notice, Limitation of Handling (ii) District 2: 12,839 cartons; engage in public rule-making procedure, § 908.457 Valencia Orange Regulation (iii) District 3: 163,507 cartons. and postpone the effective date of this 157. (2) As used in this section, “handled,” section until 30 days after publication “handler,” “District 1,” “District 2,” hereof in the F ederal R egister (5 U.S.C. (a) Findings. (1) Pursuant to the“District 3,” and “carton” have the same 1001-1011) because the time intervening marketing agreement, as amended, and meaning as when used in said amended between the date when information upon Order No. 908, as amended (7 CFR Part marketing agreement and order. 908), regulating the handling of Valencia which this section is based became avail­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. able and the time when this section must oranges grown in Arizona and designated 601-674) become effective in order to effectuate the part of California, effective under the declared policy of the act is insufficient, applicable provisions of the Agricultural Dated: April 15, 1966. and a reasonable time is permitted, un­ Marketing Agreement Act of 1937, as P aul A. Nicholson, der the circumstances, for preparation amended (7 U.S.C. 601-674), and upon Deputy Director, Fruit and Veg­ for such effective time; and good cause the basis of the recommendations and etable Division, Consumer and exists for making the provisions hereof information submitted by the Valencia Marketing Service. effective as hereinafter set forth. The Orange Administrative Committee, es­ tablished under the said amended mar­ [F.R. Doc. 66-4256; Filed, Apr. 15, 1966; committee held an open meeting during 11:15 a.m.] the current week, after giving due notice keting agreement and order, and upon thereof, to consider supply and market other available information, it is hereby conditions for Navel oranges and the found that the limitation of handling [Lemon Reg. 210] need for regulation; interested persons of such Valencia oranges, as hereinafter were afforded an opportunity to submit provided, will tend to effectuate the de­ PART 910— LEMONS GROWN IN information and views at this meeting; clared policy of the act. CALIFORNIA AND ARIZONA the recommendation and supporting in­ (2) It is hereby further found that it formation for regulation during the pe­ is impracticable and contrary to the pub­ Limitation of Handling riod specified herein were promptly sub­ lic interest to givé preliminary notice, § 910.510 Lemon Regulation 210. mitted to the Department after such engage in public rule-making procedure, meeting was held; the provisions of this and postpone the effective date of this (a) Findings. (1) Pursuant to the section, including its effective time, are section until 30 days after publication marketing agreement, as amended, and identical with the aforesaid recommen­ hereof in the F ederal R egister (5 U.S.C. Order No. 910, as amended (7 CFR Part dation of the committee, and information 1001-1011) because the time intervening 910), regulating the handling of lemons concerning such provisions and effective between the date when information upon grown in California and Arizona, effective time has been disseminated among han­ which this section is based became avail­ under the applicable provisions of the dlers of such Navel oranges; it is neces­ able and the time when this section must Agricultural Marketing Agreement Act sary, in order to effectuate the declared become effective in order to effectuate of 1937, as amended (7 U.S.C. 601-674), policy of the act, to make this section the declared policy of the act is insuffi­ and upon the basis of the recommenda­ effective during the period herein speci­ cient, and a reasonable time is permitted, tions and information submitted by the fied; and compliance with this section under the circumstances, for prepara­ Lemon Administrative Committee, estab­ will not require any special preparation tion for such effective time; and good lished under the said amended market­ on the part of persons subject hereto cause exists for making the provisions ing agreement and order, and upon other which cannot be completed on or before hereof effective as hereinafter set forth. available information, it is hereby found the effective date hereof. Such commit­ The committee held an open meeting that the limitation of handling of such tee meeting was held on April 14, 1966. during the current week, after giving due lemons, as hereinafter provided, will (b) Order. (1) The respective quanti­notice thereof, to consider supply and tend to effectuate the declared policy of ties of Navel oranges grown in Arizona market conditions for Valencia oranges the act. and designated part of California which and the need for regulation; interested (2) It is hereby further found that it may be handled during the period be­ persons were afforded an opportunity to is impracticable and contrary to the pub­ ginning at 12:01 a.m., P.s.t., April 17, submit information and views at this lic interest to give preliminary notice, 1966, and ending at 12:01 a.m., P.s.t., meeting ; the recommendation and sup­ engage in public rule-making procedure, porting information for regulation dur­ and postpone the effective date of this April 24, 1966, are hereby fixed as section until 30 days after publication follows: ing the period specified herein were (1) District 1: 800,000 cartons; promptly submitted to the Department hereof in the F ederal R egister (5 U.S.C. (ii) District 2: 300,000 cartons; after such meeting was held; the provi­ 1001-1011) because the time intervening sions of this section, including its effec­ between the date when information upon (iii) District 3: Unlimited movement; tive time, are identical with the aforesaid which this section is based became avail­ (iv) District 4: Unlimited movement. recommendation of the committee, and able and the time when this section must (2) As used in this section, “handled,” information concerning such provisions become effective in order to effectuate “District 1,” “District 2,” “District 3,” and effective time has been disseminated the declared policy of the act is insuffi­ “District 4,” and “carton” have the same among handlers of such Valencia cient, and a reasonable time is permitted, meaning as when used in said amended oranges; it is necessary, in order to ef­ under the circumstances, for preparation marketing agreement and order. fectuate the declared policy of the act, for such effective time; and good cause (Secs. 1-19, 48 Stat. 81, as amended; 7 U.S.C. to make this section effective during the exists for making the provisions hereof 601-674) period herein specified; and compliance effective as hereinafter set forth. The

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 RULES AND REGULATIONS 5877

committee held an open meeting during (a) Findings upon the basis of the pursuant to the declared policy of the the current week, after giving due notice ' hearing record. Pursuant to the provi­ act of advancing the interests of pro­ thereof, to consider supply and market sions of the Agricultural Marketing ducers as defined in the order as hereby conditions for lemons and the need for Agreement Act of 1937, as amended (7 amended; and regulation; interested persons were af­ U.S.C. 601 et seq.), and the applicable (3) The issuance of the order amend­ forded an opportunity to submit infor­ rules of practice and procedure govern­ ing the order is approved or favored by mation and views at this meeting; the ing the formulation of marketing agree­ at least two-thirds of the producers who recommendation and supporting infor­ ments and marketing orders (7 CFR Part during the determined representative mation for regulation during the period 900), a public hearing was held upon period were engaged in the production of specified herein were promptly submitted certain proposed amendments to the milk for sale in the marketing area. to the Department after such meeting tentative marketing agreement and to was held; the provisions of this section, the order regulating the handling of Order R elative to Handling including its effective time, are identical milk in the St. Joseph, Mo., marketing It is therefore ordered, That on and with the aforesaid recommendation of area. Upon the basis of the evidence after the effective date hereof, the han­ the committee, and information con­ introduced at such hearing and the rec­ dling of milk in the St. Joseph, Mo., mar­ cerning such provisions and effective ord thereof, it is found that: keting area shall be in conformity to and time has been disseminated among han­ (1) The said order as hereby amend­ in compliance with the terms and condi­ dlers of such lemons; it is necessary, in ed, and all of the terms and conditions tions of the aforesaid order, as amended, order to effectuate the declared policy of thereof, will tend to effectuate the de­ and as hereby further amended, as the act, to make this section effective clared policy of thé Act; follows : during the period herein specified; and (2) The parity prices of milk, as deter­ Section 1061.51(0 is revised to read as compliance with this section will not mined pursuant to section 2 of the Act, follows: require any special preparation on the are not reasonable in view of the price § 1061.51 Class prices. part of persons subject hereto which can­ of feeds, available supplies of feeds, and not be completed on or before the effec­ other economic conditions which affect * * * * * tive date hereof. Such committee meet­ market supply and demand for milk in (c) Class III milk. The Class III ing was held on April 12, 1966. the said marketing area, and the mini­ price shall be the basic formula price (b) Order. (1) The respective quan­mum prices specified in the order as for the month, but not to exceed a price tities of lemons grown in California and hereby amended, are such prices as will computed as follows: Arizona which may be handled during reflect the aforesaid factors, insure a suf­ (1) Multiply by 4.2 the simple aver­ the period beginning at 12:01 a.m„ P.s.t., ficient quantity of pure and wholesome age, as computed by the market admin­ April 17, 1966, and ending at 12:01 a.m., milk, and be in the public interest; and istrator, of the daily wholesale selling p.s.t., April 24, 1966, are hereby fixed as ( 3 ) The said order as hereby amended, prices (using the midpoint of any price follows: regulates the handling of milk in the range as one price) of Grade AA (93- (1) District 1: 5,580 cartons; same manner as, and is applicable only score) bulk creamery butter per pound (ii) District 2: 260,400 cartons ; to persons in the respective classes of in­ at Chicago as reported by the Depart­ (iii) District 3: Unlimited movement. dustrial or commercial activity specified ment during the delivery period: Pro­ (2) As used in this section, “handled,” in, a marketing agreement upon which a vided, That if no price is reported for “District 1,” “District 2,” “District 3,” hearing has been held. Grade AA (93-score) butter, the highest and “carton” have the same meaning as (b) Additional findings. It is neces­ of the prices reported for Grade A (92- when used in the said amended market­ sary in the public interest to make this score) butter for that day shall be used; ing agreement and order. order amending the order effective not (2) Multiply by 8.2 the weighted aver­ aged of carlot prices per pound for non­ (Secs. 1—19, 48 Stat. 31, as amended; 7 TJ.S.C. later .than upon F ederal R egister publi­ 601-674) cation. Any delay beyond that date fat dry milk solids, spray process, for would tend to disrupt the orderly mar­ human consumption, f.o.b. manufac­ Dated: April 14, 1966. keting of milk in the marketing area. turing plants in the Chicago area, as Paul A. Nicholson, The provisions of the said order are published for thé period from the 26th D&puty Director, Fruit and Veg­ known to handlers. The recommended day of the immediately preceding month etable Division, Consumer and decision of the Deputy Administrator, through the 25th day of the current Marketing Service. Regulatory Programs, was issuèd March month by the Department; and 23,1966, and the decision of the Assistant (3) From the sum of the results ar­ [F.R. Doc. 66-4244; Filed, Apr. 15, 1966; Secretary containing all amendment pro­ rived at under subparagraphs (1) and 8:48 a.m.] visions of this order was issued April 8, (2) of this paragraph subtract 48 cents, 1966. The changes effected by this order and round to the nearest cent. Chapter X— Consumer and Market­ will not require extensive preparation or (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. substantial alteration in method of op­ 601—674) ing Service (Marketing Agreements eration for handlers. In view of the and Orders; Milk), Department of foregoing, it is hereby found and deter­ Effective date. Upon F ederal R egis­ ter publication. Agriculture mined that good cause exists for making [Milk Order 61] this order amending the order effective Signed at Washington, D.C., on: April upon F ederal R egister publication, and 13, 1966. PART 1061— MILK IN ST. JOSEPH, that it would be contrary to the public G eorge L. Mehren, MO., MARKETING AREA interest to delay the effective date of Assistant Secretary. this amendment for 30 days after its Order Amending Order publication in the F ederal R egister. [F.R. Doc. 66-4177; Filed, Apr. 15, 1966; 8:48 a.m.] § 1061.0 Findings and determinations. (Sec. 4(c), Administrative Procedure Act, 5 U.S.C. 1001-1011) The findings and determinations here­ (c) Determinations—It is hereby de­ inafter set forth are supplementary and termined that : [Milk Order 64] in addition to the findings and determi­ (1) The refusal or failure of handlers PART 1064— MILK IN GREATER KAN­ nations previously made in connection (excluding cooperative associations spec­ with the issuance of the aforesaid order ified in sec. 8c(9) of the act) of more SAS CITY MARKETING AREA and of the previously issued amendments than 50 percent of the milk, which is Order Amending Order thereto; and all of the said previous find­ marketed within the marketing area, to ings and determinations are hereby rati­ sign a proposed marketing agreement, § 1064.0 Findings and determinations. fied and affirmed, except insofar as such tends to prevent the effectuation of the The findings and determinations here­ findings and determinations may be in declared policy of the act; inafter set forth are supplementary and conflict with the findings and determi­ (2) The issuance of this order, amend­ in addition to the findings and determi­ nations set forth herein. ing the order, is the only practical means nations previously made in connection

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 5878 RULES AND REGULATIONS with the issuance of the aforesaid order (1) The refusal or failure of handlers and of the previously issued amendments (excluding cooperative associations spec­ Title 18— CONSERVATION OF thereto; and all of the said previous find­ ified in sec. 8c(9) of the Act) of more ings and determinations are hereby rati­ than 56 percent of the milk, which is POWER AND WATER RESOURCES fied and affirmed, except insofar as such marketed within the marketing area, to findings and determinations may be in sign a proposed marketing agreement, Chapter I— Federal Power conflict with the findings and determi­ tends to prevent the effectuation of the Commission nations set forth herein. declared policy of the Act; (a) Findings upon the basis of the (2) The issuance of this order, amend­ SUBCHAPTER A— GENERAL RULES hearing record. Pursuant to the provi­ ing tile order, is the only practical means [Docket No. R-300; Order 321] sions of the Agricultural Marketing pursuant to the declared policy of the PART 1— RULES OF PRACTICE AND Agreement Act of 1937, as amended (7 Act of advancing the interests of pro­ PROCEDURE U.S.C. 601 et seq.), and the applicable ducers as defined in the order as hereby rules of practice and procedure govern­ amended; and Requirement That Title to Pleading ing the formulation of marketing agree­ (3) The issuance of the order amend­ Include Name of Party Making Filing ments and marketing orders (7 CFR Part ing the order is approved or favored by 900), a public hearing was held upon at least two-thirds of the producers April 11,1966. certain proposed amendments to the who during the determined representa­ The Commission by this order amends tentative marketing agreement and to tive period were engaged in the produc­ its formal requirements as to pleadings, the order regulating the handling of milk tion of milk for sale in the marketing documents, and other papers filed in in the Greater Kansas City marketing area. Commission proceedings. Although the area. Upon the basis of the evidence Order R elative to H andling practice is not uncommon, the present introduced at such hearing and the rec­ rule does not require that the name of ord thereof, it is found that: It is therefore ordered, That on and after the effective date hereof, the han­ the person in whose behalf a filing is (1) The said order as hereby amended, made be included in the title of the par­ and all of the terms and conditions there­ dling of milk in the Greater Kansas City marketing area shall be in conformity to ticular document filed. Since the con­ of, will tend to effectuate the declared venience attendant upon such a practice policy of the Act; and in compliance with the terms and conditions of the aforesaid order, as is obvious, especially in multiparty pro­ (2) The parity prices of milk, as de­ ceedings, we will now require it by rule. termined pursuant to section 2 of the amended, and as hereby further amended, as follows: The Commission finds: Act, are not reasonable in view of the (1) It is necessary and appropriate price of feeds, available supplies of feeds, Section 1064.51(c) is revised to read as follows: for the administration of the Federal and other economic conditions which af­ Power Act and Natural Gas Act that the fect market supply and demand for milk § 1664.51 Class prices. rules of practice and procedure be in the said marketing area, and the mini­ ***** amended as herein set forth. mum prices specified in the order as (2) Since the amendment herein pre­ hereby amended, are such prices as will (c) Class III milk. The Class III price shall be the basic formula price for the scribed establishes a rule of agency pro­ reflect the aforesaid factors, insure a cedure, no notice of proposed rulemaking sufficient quantity of pure and wholesome month, but not to exceed a price com­ puted as follows: under section 4 of the Administrative milk, and be in the public interest; and Procedure Act is required. (3 ) The said order as hereby amended, (1) Multiply by 4.2 the simple aver­ age, as computed by the market admin­ The Commission, acting pursuant to regulates the handling of milk in the the authority of the Federal Power Act, same manner as, and is applicable only istrator, of the daily wholesale selling prices (using the midpoint of any price as amended, particularly sections 308 and to persons in the respective classes of 309 thereof (49 Stat. 858; 16 U.S.C. 825g, industrial or commercial activity speci­ range as one price) of Grade AA (93- score) bulk creamery butter per pound 825h) and the Natural Gas Act, as fied In, a marketing agreement upon amended, particularly sections 15 and 16 which a hearing has been held. at Chicago as reported by the Depart­ (b) Additional findings. It is neces­ ment during the delivery period: Pro­ thereof (52 Stat. 829, 830; 15 U.S.C. 717n, vided, That if no price is reported for 717o), orders: sary in the public interest to make this (A) Section 1.15, rules of practice and order amending the order effective not Grade AA (93-score) butter, the highest of the prices reported for Grade A (92- procedure, Part 1, Subchapter A of Chap­ later than upon F ederal R egister pub­ ter I, Title 18 of the Code of Federal Reg­ lication. Any delay beyond that date score) butter for that day shall be used; would tend to disrupt the orderly mar­ (2) Multiply by 8.2 the weighted aver­ ulations, is amended by adding two sen­ keting of milk in the marketing area. age of carlot prices per pound for nonfat tences to paragraph (a) thereof. As so The provisions of the said order are dry milk solids, spray process, for hu­ amended, the paragraph will read as fol­ known to handlers. The recommended man consumption, f.o.b. manufacturing lows: decision of the Deputy Administrator, plants in the Chicago area, as published § 1.15 Formal requirements as to plead­ Regulatory Programs, was issued March for the period from the 26th day of the ings, documents and other papers 23, 1966, and the decision of the Assist­ immediately preceding month through filed in proceedings. ant Secretary containing all amendment the 25th day of the current month by the provisions of this order was issued Department; and (a) Title. Pleadings, documents, or April 8, 1966. The changes effected by (3) From the sum of the results ar­ other papers filed with the Commission this order will not require extensive rived at under subparagraphs (1) and in any proceeding shall clearly show the preparation or substantial alteration in (2) of this paragraph subtract 48 cents, docket designation and title of the pro­ method of operation for handlers. In and round to the nearest cent. ceeding shall clearly show the docket view of the foregoing, it is hereby found designation and title of the proceeding (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. before the Commission. They shall also and determined that good cause exists 601-674) for making this order amending the or­ show, in the title of the particular plead­ der effective upon F ederal R egister Effective date. Upon F ederal R egis­ ing or other document filed, the name of publication, and that it would be con­ ter publication. the person in whose behalf the filing is trary to the public interest to delay the made. If more than one person is in­ effective date of this amendment for 36 * Signed at Washington, D.C., on April 13, 1966. volved, a single name only need be in­ days after its publication in the F ederal G eorge L. Mehren, cluded in the title. R egister. (Sec. 4(c), Administrative ***** Procedure Act, 5 U.S.C. 1061-1011.) Assistant Secretary. (C) Determinations. It is hereby de­[PR. Doc. 66-4178; Filed. Apr. 15, 1966; (B) The amendment herein prescribed termined that; 8:48 aon.] shall be effective May 11,1966.

FEDERAL REGISTER, VO L 31, NO. 74— SATURDAY, APRIL 16, 1966 RULES AND REGULATIONS 5879

(C) The Secretary shall cause prompt D. Sheet plant. A plant which per­own business the difference between the publication of this order to be made in forms the same functions as a corruga­ eligible company’s achieved quarterly the F ederal R egister. tor plant in the manufacture of cor­ volume and twenty-five (25 mm.) mil­ lion square feet for each quarter of the By the Commission. rugated shipping containers except that it does not manufacture, but purchases third year of operation to assure in the [seal! J oseph H. G utride, corrugated sheets. third year a minimum total of one hun­ Secretary. II: Respondents, Inland Container dred (100 mm.) million square feet of [F.R. Dpc. 66-4123; Filed. Apr. 15. 1966; Corp and its wholly owned subsidiary In­ its own business. In the event respond­ 8:45 a.m.] land Container Corp., and their officers, ents’ best efforts fail to produce sufficient directors, agents, representatives, and assigned business and they can estab­ employees, shall as soon as practicable, lish before the Commission that they but in no event in excess of one (1) year have acted in good faith, the deficit may Title 16-COMMERCIAL from the date this order becomes final, then be made up by respondents with present an eligible company and a con­ other than assigned business. PRACTICES tract between respondents and said eligi­ VI: The selection of orders to be filled ble company, both subject to Commission by the eligible company’s plant shall be Chapter I— Federal Trade Commission approval, providing for and containing made by respondents and the eligible [Docket No. 7993 ] the following: The eligible company will, company jointly in good faith for the PART 13— PROHIBITED TRADE within one (1) year following Commis­ purpose, not only of discharging re­ sion approval, enter into business as a spondents’ volume obligations here­ PRACTICES corrugator plant, or, at the option of said under, but also to promote an efficient Inland Container Corp. eligible company, as a sheet plant. In operation of the eligible company’s the event eligible company elects to en­ plant. Subpart—Acquiring corporate stock or ter the corrugated shipping container VII: The contract with the eligible assets; § 13.5 Acquiring corporate stock business as a sheet plant, respondents’ company will be in form^ approved by or assets. contract with the eligible company shall the Commission with prices to be paid (Sec. 6, 38 Stat. 721; 15 tr.S.C. 46. Inter­ provide that said eligible company will to the eligible company by respondents prets or applies sec. 7, 38 Stat. 731, as phase into and engage in business as a equal to those paid by the customers and amended; 15 U.S.C. 18) [Modified order, In­ corrugator plant and to achieve such with prices on assigned orders billed di­ land Container Corp., et al., Indianapolis, rectly by the eligible company to the Ind., Docket 7993, March 1, 1966] status and to operate as such within two (2) years from the date of commence­ customers at the agreed price. As to in the Matter of Inland Container Corp., ment of the operation of said eligible any orders not so assigned on which re­ and Its Wholly Owned Subsidiary company’s plant. spondents may elect to make deliveries, Corporation, Also Known as Inland Ill: Respondents, in connection with respondents may charge cost of delivery. Container Corp. the requirements of paragraph n of this Said contract may also provide that: the order, will: eligible company may consider such Order modifying the divestiture order A. Assure to eligible company, by wayassigned business which it has been di­ of the Commission of July 31, 1964, 29 rectly servicing with the customers as F.R. 12112, in accordance with the final of becoming surety for its borrowings or guarantor of its obligations, adequate its own continuing volume at the risk order of the Court of Appeals, Seventh of holding it against competitors other Circuit, dated January 27,1966, requiring financing, in addition to its own funds available for the purpose, sufficient to en­ than respondents^ the sheets shall be respondent, in lieu of divestiture, to es­ manufactured to respondents’ specifica­ tablish, as an effective competitor, a cor­ able said eligible company to provide for itself at Louisville— tions and shall be bought by respondents rugated shipping container manufactur­ at not less than the going delivered ing plant in the Louisville, Ky., area, (1) A building suitable for the opera­ tion of a corrugator plant with corruga­ prices in Louisville at or about the dates providing necessary assistance as re­ tor capacity of a minimum of 300-million of the orders; the containers shall be quired by order herein; manufactured to the specifications of The divestiture order of July 31, 1964, square feet per year. (2) Such machinery, equipment, facil­ assigned customers, or of respondents’ 29 F.R. 12112, directed respondent to sell ities and other property as may be neces­ customers which are provided to the eli­ the Louisville, Ky., corrugated shipping gible company by respondents. container plant of the General Box Co., sary to make such plant a sound and which it acquired in 1958. going concern for the manufacture and VUE: In the event the requirements of sale of corrugated shipping containers. this order have not been fully met within The modified order, including further Hie corrugator shall have a capacity of the time prescribed therein, respondents, order requiring report of compliance a minimum of 300-million square feet upon their showing of good faith efforts therewith, is as follows: per year. to comply with said requirements, shall It is ordered, That: be heard by the Commission before it I. The terms listed below are used (3) Adequate working capital for the herein in the sense defined unless other­ opening and early expansion of the busi­ issues any further order it may deem wise indicated by their content. ness above described for a period of three appropriate to effectuate and establish as A. Louisville. The area within a 10- <3) years beginning with the opening of a going concern the additional corruga­ the plant for business. tor plant contemplated in this order. mile radius of the city limits of Louis­ IV: Respondents shall maintain a con­ ville, Ky. tinuing offer by the contract with the IX: Respondents shall periodically, B. Eligible company. A corrugated eligible company for an agreed initial within sixty (60) days from the date this shipping container manufacturer (1) not period of 2 years after opening of the order becomes final and every ninety controlled directly or indirectly by In­ plant either to buy sheets and/or con­ (90) days thereafter until the provisions land; (2) with no shipping container of this order have been complied with, plant in the Louisville area at this time; tainers from it, or assign customer (3) which can make a showing that it orders to it for its own account to a total submit to the Commission a detailed intends to conduct a shipping container of not less than thirty-five <35) million written report of their actions, plans, and manufacturing business with an addi­ square feet per year of corrugated sheets progress in complying with the provisions and/or containers. of this order and fulfilling its objectives. tional corrugator plant in the Louisville V: If the eligible company does not area, provided it can be furnished ade­ Issued: March 1, 1966. quate financial backing for the same, achieve as its own business (i.e., exclud­ and (4) which is approved in advance ing sales to or for respondents’ account) By the Commission. by the Commission. sales in any quarter of twenty-five (25 C. Corrugator plant. A plant for the mm.) million square feet during its [seal] J oseph W. Shea, manufacture of corrugated shipping con­ third year of operation, respondents Secretary. tainers which is equipped with a cor­ shall continue in good faith their efforts {F it. Doc. 66-4124; Filed, Apr. 15, 1966; rugator. to assign to the eligible company as Its 8:45 a.m.]

FEDERAL REGISTER, VO L 31, NO. 74— SATURDAY, APRIL 16, 1966 5880 RULES AND REGULATIONS

tracts placed with small business con­ PART 1-16— PROCUREMENT FORMS Title 41— PUBLIC CONTRACTS cerns. Accordingly, each procuring activity shall, in soliciting bids or Subpart 1—16.4— Forms for Advertised AND PROPERTY MANAGEMENT proposals, request from any bidder or Construction Contracts offeror any information needed to deter­ 1. The table of contents is revised to Chapter!— Federal Procurement mine whether the bidder or offeror is a read as follows: Regulations small business concern (when Standard Sec. STANDARD FORMS FOR CONSTRUC­ Forms 18, 19-B, and 33 are used, this in­ 1-16.400 Scope of subpart. TION CONTRACTS formation is available from the small 1-16.401 Forms prescribed. business representation included on 1-16.402 Required use. Miscellaneous Amendments 1-16.402-1 Contracts estimated not to ex­ these forms). Agencies shall summarize ceed $2,000. Chapter 1 of Title 41 is amended to and report such procurement data on 1-16.402-2 Contracts^ estimated to exceed prescribe revised editions of Standard Standard Form 37 (Report on Procure­ $2,000 but not to exceed Form 19, Invitation, Bid, and Award ment by Civilian Executive Agencies) in $ 10,000. 1-16.402-3 Contracts estimated to exceed (Construction, Alteration or Repair), accordance with § 1-16.804. $ 10,000. and Standard Form 21, Bid Form (Con­ 1-16.403 Optional use for negotiated struction Contract), as well as a new contracts. Standard Form 19-B, Representations PART 1-8— TERMINATION OF 1-16.404 Terms, conditions, and provi­ and Certifications (Construction Con­ sions. tract). Standard Form 19 is updated CONTRACTS 1-16.405 Die-cut stencils and reproducible masters. and is otherwise changed to make it more Subpart 1—8.7—Clauses suitable for use for negotiated contracts. 2. Section 1-16.401 is amended to pre­ Standard Form 21 is changed to elimi­ Section 1-8.709-2 is revised to change scribe revised editions of Standard Forms nate bidder’s representations. Develop­ the clause prescribed therein to conform 19 and 21, as well as a new form, Stand­ ment of the new Standard Form 19-B with the changes made in the revision ard Form 19-B. As amended, the sec­ has permitted the omission of such of Standard Form 19. As revised, the tion reads as follows: representations from both Standard section reads as follows: Forms 19 and 21. § 1—16.401 Forms prescribed. § 1—8.709—2 Short-form clause. * * * * * PART 1-1— GENERAL The following clause is applicable as (a) Invitation, Bid, and Award (Con­ Subpart 1-1.5— Contingent Fees prescribed in § 1-8.700-2(b) (5): struction, Alteration or Repair) (Stand­ ard Form 19, December 1965 edition). Section 1-1.503 is revised to reflect the T erm in a tio n for Default—Damages for addition to Standard Form 19 of the D elay—Tim e Exten sio n s ***** Covenant Against Contingent Fees. As (a) If the Contractor does not prosecute (c) Representations and Certifications revised, the section reads as follows: the work so as to insure completion, or fails (Construction Contract) ( S t a n d a r d § 1—1.503 Covenant. to complete it, within the time specified, the Form 19-B, December 1965 edition). Government may, by written notice to the (d) Invitation for Bids (Construction Executive agencies shall include in Contractor, terminate his right to proceed. every negotiated or advertised contract Contract) (Standard Form 20, Janu­ Thereafter, the Government may have the ary 1961 edition). a “covenant against contingent fees” work completed and the Contractor shall be substantially as follows (set forth as liable for any resulting excess cost to the (e) Bid Form (Construction Contract) clause 11 of Standard Form 19, Invita­ Government. If the Government does not (Standard Form 21, December 1965 tion, Bid, and Award (Construction, Al­ terminate the Contractor’s right to proceed, edition). teration or Repair); as clause 17 of he shall continue the work and shall be (f) Instructions to Bidders (Construc­ Standard Form 23-A, General Provi­ liable to the Government for any .actual tion Contract) (Standard Form 22, June damages occasioned by such delay unless 1964 edition). sions (Construction Contract); and as liquidated damages are stipulated. (g) Construction Contract (Standard clause 20 of Standard Form 32, General (b) The Contractor’s right to proceed shall Provisions (Supply Contract)): not be terminated nor the Contractor charged Form 23, January 1961 edition). with actual or liquidated damages under (a) (h) General Provisions (Construction C ovenant Against Co n tin g e n t F ees above because of any delays in completion Contract) (Standard Form 23-A, June The Contractor warrants that no person of the work due to causes other than normal 1964 edition). or selling agency has been employed or re­ weather, beyond his control and without his 3. Section 1-16.402 is revised to reflect tained to solicit or secure this contract upon fault or negligence, including but not re­ the changes made in Standard Form 19 an agreement or understanding for a com­ stricted to, acts of God, acts of the public mission, percentage, brokerage, or contingent enemy, acts of the Government, (in either its and the issuance of the new Standard fee, excepting bona fide employees or bona sovereign or contractual capacity), acts of Form 19-B. As revised, the section reads fide established commercial or selling agen­ another contractor in the performance of as follows: a contract with the Government, fires, floods, cies maintained by the Contractor for the § 1—16.402 Required use. purpose of securing business. For breach epidemics, quarantine restrictions, strikes, or violation of this warranty the Govern­ freight embargoes, and unusually severe (a) Except as provided in § 1-12.403-2, ment shall have the right to annul this con­ weather, or delays of subcontractors or sup­ the forms prescribed by § 1-16.401 shall tract without liability or in its discretion to pliers due to causes beyond their control be used for fixed-price contracts, entered deduct from the contract price or considera­ and without their fault or negligence: Pro­ into pursuant to formal advertising, for tion, or otherwise recover, the full amount vided, That the Contractor shall within 10 construction (including alteration or re­ of such commission, percentage, brokerage, or days from the beginning of any such delay, contingent fee. pair) of public buildings or works, ex­ unless the Contracting Officer shall grant a cept for: Contracts for the construction, further period of time prior to the date of Subpart 1-1.7— Small Business alteration, or repair of vessels; and con­ final payment under the contract, notify the tracts for construction, alteration, or re­ Concerns Contracting Officer in writing of the causes of delay and the facts relating thereto. The pair work in foreign countries. Section 1-1.709 is revised to refer to Contracting Officer shall consider the facts (b) Determination as to the form or Standard Form 19-B rather than Stand­ and ascertain the extent of the delay, and forms to be used in soliciting bids in each ard Forms 19 and 21; also to delete refer­ extend the time for completing the work instance shall be made in accordance ence to Standard Form 30. As revised, when in his judgment the facts Justify such with this § 1-16.402. Although selection the section reads as follows: an extension, and his decision shall be final of the forms to be used is governed by the estimated cost of the work contem­ §1—1.709 Records and reports. and conclusive on the parties, subject only to appeal as provided in the clause of this plated, award generally can be made on Executive agencies shall maintain rec­ contract entitled “Disputes.” the forms selected even though the ords of the value of procurement con­ amount of the low bid varies from the

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 RULES AND REGULATIONS 5881

estimate, e.g., an award of less than requirement that bids be “sealed” and Subpart 1—16.9— Illustrations of $2,000 or more than $10,000 can be made “publicly opened” may be lined out). where Standard Forms 19, 19-A, and 19- The box immediately below the title of Forms B were used in soliciting bids ^(but see Standard Form 19, beside the phrase 1. The table of contents is amended to § 1-16.402-2). Likewise, an award of “check if small business set-aside or add the following entry : other negotiated procurement,” must be less than $10,000 can be made where 1-16.901-19B Standard Form 19-B: Repre­ Standard Forms 19-A, 19-B, 20, 21, 22, checked when that form is used for ne­ sentations and Certifica­ 23, and 23-A were used. However, gotiated contracts. tions (Construction Con­ award in excess of $2,000 is not permis­ (b) The recommendation in (a) above tract). sible where Standard Form 19 has been is not to be construed to conflict with the used without Standard Form 19-A at­ authority provided in § 1-3.605 for use 2. Section 1-16.901-19 is amended to tached, as Department of Labor regula­ of Standard Forms 44, 147 and 148. include a specimen copy of the latest edition of Standard Form 19. tions require physical inclusion of labor § 1-16.406 [Deleted] standards provisions in contracts in ex­ § 1—16.901—19 Standard Form 19: In­ cess of $2,000. 5. Section 1-16.406 is deleted as no longer necessary in view of the addition vitation, Bid, and Award (Construc­ § 1—16.402—1 Contracts estimated not to of the Covenant Against Contingent Fees tion, Alteration or Repair). exceed $2,000. to Standard Form 19. (a) Page 1 of Standard Form 19. Standard Forms 19 and 19-B shall be used for contracts estimated not to ex­ REFERENCE (Include i eypondence) STANDARD FORM 19 INVITATION, BID, AND AWARD ceed $2,000. Standard Form 22 also may DECEMBER 1 9 6 5 EDITION (Construction, Alteration or Repair) 'ENERAl SERVICES ADMINISTRATION be used. ED. MOO. REG. <41 CfR) 1-14.401 CHECK IF $MALl BUSINESS SET-ASIDE OR OTHER NEGOTIATED □ PROCUREMENT ( I f checked, "Bid" includes "Proposal") § 1—16.402—2 Contracts estimated to ex­ INVITATION FOR BIDS DATt ISSUED* ceed $2,000 but not to exceed ISSUING OFFICE * $ 10,000. BID RECEIVING OFFICE * Standard Forms 19, 19-A, and 19-B shall be used for contracts estimated to exceed $2,0Q0 but not to exceed $10,000. Standard Form 22 also may be used (but Information regarding bidding material may be obtained from the issuing office. see § 1-10.103-3 if that form is not used SEALED BIDS in covering work described in specifications, schedules, drawings and conditions and bid guarantee is required). Where entitled and dated 'as follows; the Government’s estimate, though less than $2,000, indicates the low bid may exceed that amount, Standard Form will be received at the Bid Receiving Office until . 19-A should be attached and the speci­ md at that time publicly opened. ( Hour and Time Zone) ( Date) fications should include the appropriate Sealed envelopes containing bids shall be addressed to the Bid Receiving Office and shall be marked to showt Bidder’s Name and wage rate determination of the Secretary Address;^ Reference » Time and Date o f Opening; of Labor. Where the Government’s esti­ mate, though less than $10,000, indicates BID (This Section Ip be completed by Bidder) DATE BID SUBMITTED: the low bid may exceed that amount, pro­ The undersigned agrees, if this bid is accepted within calendar days f) 0 days unless a different period is inserted) after daté visions required in such contracts should o f opening, to complete all work specified in strict accordance with the ab^yajffiNoi^d documents and the General Provisions on the be included (e.g., the equal opportunity reverse hereof, within calendar days after receipt o f noticp^>M>rO£eecL for t\e following amount______and Federal, State, and local taxes clauses prescribed in §§ 1-12.803-2 and 1-11.401-1 or 1-11.401-2, respectively). including all applicable Federal, figned further agrees, if any contract award resulting from this bid exceeds $2,000, TO COMPLY 19-A, Labor Standards Provisions Applicable to Contracts in § 1—16.402—3 Contracts estimated to ex­ Excess o f $2,000 and TO FURA ■fn an amount equal to 100 percent and a payment bond in an amount equal ceed $10,000. to SO percent o f the contract pri< tfreties acceptable to the Government« on Government forms within days after forms are furnished. Standard Forms 19-A, 19-B, 20, 21, 22, 23, and 23-A shall be used for contracts estimated to exceed $10,000. 4. Section 1-16.403 is revised to change the caption to more clearly indicate its content; also, to eliminate possible con­ fusion as to the relationship of this sec­ tion with § 1-3.605. As revised, the sec­ The representations and certifications on the accompanying STANDARD FORM 19-B are made a p a r t of this bid. tion reads as follows: NAME ANO ADDRESS O f BIDDER (Stritt, (it), S ta i')* (Typt or priai.) SIGNATURE O f PERSON AUTHORIZED TO SIGN THIS SID § 1—16.403 Optional use for negotiated contracts. SIGNER'S NAME AND TIRE (Typt tr prim.) (a) Use of the forms prescribed in

§ 1-16.401 for negotiated contracts is op­ AWARD (This Section for Government only) tional. However, in the interest of uni­ DATE OF AWARD: formity, it is recommended that these THE ABOVE BID IS ACCEPTED IN THE AMOUNT OP $ forms be used (within the areas out­ □ YOU ARE DIRECTED TO PROCEED WITH THE WORK UPON RECEIPT Of THIS AWARD. lined in §§ 1-16.402-1, 1-16.402-2, and G NOTICE TO PROCEED W ILL EE ISSUED UPON RECEIPT OF ACCEPIAUf PAYMENT AND PERFORMANCE EONDS. 1-16.402-3) for contracts entered into

on the basis of competitive bids but THE UNITED STATES O f AMERICA which are termed negotiated contracts because the requirements of formal advertising are not fully met (e.g., (Çwfroçting Officer) small business restricted advertising—see § 1-1.701-9). When used for negotiated contracts, the forms may be adapted as required by agency procedures (e.g., the »Include “ZIP CODE” in all mailing addresses.

/

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 5882 RULES AND REGULATIONS

1. CHANGES AND CHANGED CONDITIONS work shall be performed In a skillful and workmanlike man­ 4a) The Contracting Officer may, in •writing, order changes fn ner. Both materials and workmanship shall be subject to the the drawings and specifications within the general scope o f the inspection o f the Contracting Officer or his duly authorized contract. representative who may require the Contractor to correct de­ fective workmanship or materials without cost to the Govern­ |b ) The Contractor shall promptly notify the Contracting Offi­ ment. cer in writing o f subsurface or latent physical conditions differ­ ing materially from those indicated in this contract or unknown d. PAYMENTS TO CONTRACTOR unusual physical conditions at the site, before proceeding fur­ ther with the work. Progress payments equal to 90 percent o f the value o f work per­ formed may be made monthly on estimates approved by the Con­ (c) If changes under (a) or conditions under (b) increase or tracting Officer. Upon payment therefor, title to the property decrease the cost of, -or time required for, performing the work, shall vest in the Government. The Contractor will notify the upon assertion o f a claim by the Contractor before final pay­ * Government when all work is complete. Final payment will be ment under the contract, a written equitable adjustment shall made after final acceptance, be made; except that no adjustment under (b) shall be made unless the notice required therein was given or unless the Con­ 7 , OFFICIALS NO T TO BENEFIT tracting Officer waives the requirement therefor. If the adjust­ ment cannot be agreed upon, the dispute shall be decided pur­ N o Member o f or Delegate to Congress, or Resident Commis­ sioner, shall be admitted to any share or part of this contract, suant to Clause 3. or to any benefit that may arise, therefrom; but this provision 2. TERMINATION FOR DEFAULT-DAMAGES FOR DELAY- shall not be construed to extend to this contract if made with | • TIME EXTENSIONS corporation for its general benefit. fa) If the Contractor does not prosecute the work so as to in­ 8. BUY AMERICAN sure completion, or fails to complete it, within the time speci­ fied, the Government may, by written notice to the Contractor, The Contractor, subcontractors, material men, and suppliers terminate his right to proceed. Thereafter, the Government must comply with the Buy American Act o f March 3, 1933 (41 may have tke work completed and the Contractor shall be U.S.C. lOa-lOd) and Executive Order 10582 o f December 17, liable for any resulting excess cost to the Government. If the 1954 (19 Fed. Reg. 8723). (In substance the above require Government does not terminate the Contractors right to pro­ use generally o f domestic materials except as otherwise author­ ceed, he shall continue the work and shall be liable to the Gov­ ized by the Contracting Officer pursuant to the Act and Execu­ ernment for any actual damages occasioned by such delay un­ tive Order.) less liquidated damages are stipulated. (b) The Contractor’s right to proceed shall not be terminated 9. ASSIGNMENT OF CLAIMS nor the Contractor charged with actual or liquidated damages If this contract provides for payments aggregating $1,000 under (a) above because of any delays in completion of the or more, claims for moneys due or to become due hereunder work due to causes other than normal weather, beyond his ynay be assigned as provided in 31 U.S.C* 203 snd 41 U.S.C. 15» control and without his fault or negligence, including but not restricted to, acts o f God, acts of the public enemyT'acts of the 10. CONVICT*, Government (in either its sovereign or contractual capacity), ormance of work under this con- acts of another contractor in the performance of a contract with not to employ any person under­ the Government, fires, floods, epidemics, quarantine restrictions, ent at hard labor. strikes, freight embargoes, and unusually .severe weather, delays o f subcontractors or suppliers due to* causes * ■ ?T CONTINGENT FEES their control and without their fault or negligencj»«^ warrants that no person or selling agency has That the Contractor shall within 10 days m iployed or retained to solicit or secure this contract upon o f any such delay, unless the Contracting agreement or understanding for a commission, percentage, further period o f time prior to the date of brokerage, or contingent fee, excepting bona fide employees or the contract, notify the Contracting Office^ bona fide established commercial or selling agencies main­ causes of delay and the facts relating thereto. tained by the Contractor for the purpose o f securing business. Officer shall consider the facts and ascertain _ _ For breach or violation o f this warranty the Government shall delay, and extend the time for completing th^fork when have the .right to annul this contract without liability or in its his judgment the facts justify such an extension, and his de­ discretion to deduct from the contract price or consideration, cision shall be final and conclusive on the parties, subject only or otherwise recover, the full amount o f such commission, per­ to appeal as provided in Clause 3, centage, brokerage, or contingent fee. 3. DISPUTES 12. EXAMINATION OF RECORDS Any dispute concerning a question of fact arising under this (The following danse is applicable if this contract exceeds $2,500 contract, not disposed o f by agreement, shall be decided by the and was entered into by means of negotiation, but is not applica• Contracting Officer, who shall reduce his decision to writing ble if entered into by means of format advertising.) and furnish a signed copy to the Contractor. Such decision (a) The Contractor agrees that the Comptroller General o f the shall be final and conclusive unless, within 30 days from the United States or any o f his duly authorized representatives shall, date o f receipt thereof, the Contractor mails or otherwise* fur­ until the expiration o f three years after final payment under this nishes to the Contracting Officer a written appeal, addressed to contract, have access to and the right to examine any directly the head of the Federal agency. The Contractor shall be af­ pertinent books, documents, papers, and records o f the Con­ forded an opportunity to be heard and to offer evidence. The tractor involving transactions related to this contract. decision o f the head o f the Federal agency or his authorized (b) The Contractor further agrees to include in all his subcon representative, shall be final and conclusive unless fraudulent, tracts hereunder a provision to the effect that the subcontractor or capricious, or arbitrary, or so grossly erroneous as neces­ agrees that the Comptroller General o f the United States or an% sarily to imply bad faith, or not supported by substantial evi­ o f his duly authorized representatives shall, until the expiration dence. Pending final decision o f a dispute hereunder, the o f three years after final payment under the subcontract, haw Contractor shall proceed diligently with the performance o f the access to and the right to examine any directly pertinent books contract and in accordance with the Contracting Officer’s de­ documents, papers, and records o f such subcontractor, involving cision. transactions related to the subcontract. The term "subcontract as used in this clause excludes (i) purchase orders not exceeding 4. RESPONSIBILITY OF CONTRACTOR $2,500 and (ii) subcontracts or purchase orders for pu Mm At his own expense the Contractor shall: (a) obtain any neces­ utility services at races established for uniform applicability a* sary licenses and permits; (b) provide competent superintend­ the general public. ence; (c) take precautions necessary to protect persons or property against injury or damage and be responsible for any 13. UTILIZATION OF SMALL BUSINESS CONCERNS such injury or damage that occurs as a result o f his fault or (T h e following danse is applicable i f this contract exceeds $ 5 ,000. / negligence; (d) perform the work without unnecessarily inter­ (a) It is the policy o f the Government as declared by the Con­ fering with- other contractors* work or Government activities; gress that a fair proportion o f the purchases and contracts for (e) be responsible for all damage to work performed and ma­ supplies and services for the Government be placed with terials delivered (including Government*furnished items), until small business concerns. completion and final acceptance. (b) The Contractor agrees to accomplish the maximum amount of subcontracting to small business concerns that the Con­ 9. MATERIAL AND WORKMANSHIP tractor finds to be consistent with the efficient performance o f All giaterial incorporated in the work shall be new and the this contract. December 1965. Reverse of Standard Form 19 t U S fcOVCSMMlMT PRINTING OFFICI IMS OF —Z0S-1«7—U4-FI

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 RULES AND REGULATIONS 5883

3. New § 1-16.901-19B is added to include a specimen copy of the new Standard Form 19-B. § 1—16.901—19B Standard Form 19—B : Representations and Certifications (Construc­ tion Contract)«

STANDARD FORM 19-B REPRESENTATIONS REFERENCE {Entersame No.(s) < DECEMBER 1965 EDITION GENERAL SERVICES ADMINISTRATION AND CERTIFICATIONS FED. PROC. REG. (41 CFR) 1-16.401 (Construction Contract) (For use with SF 19 and 21) NAME AND ADDRESS OF DIDDER {No., Street, City, State, and ZIP Code)

In negotiated procurements, "bid” and "bidder** shall be construed to mean "offer” and "offeror” The bidder makes the following representations and certifications as a part of the bid identified above* (Check appropriate boxes») 2* S^IAU BUSINESS He □ Is, □ is not, a small business concern. (For this purpose, a small business concern is a business concern, including Us affiliates, which (a) is independently owned and operated, (b) is not dominant in the field of operation in.which it is bidding on Government contracts, and (c) bad average annual receipts for the preceding 9 fiscal years not exceeding $7,500,000, For‘additional information see governing regulations of the Small •Business Administration,) 2. CONTINGENT-FEE (a) He D has, □ has not, employed or retained any company or person (other than a full-time bona fide employee working solely for the bidder) to solicit or secure this contract, and (b) he □ has, □ has not, paid or agreed to pay any company or person (other than a full-time bona fide employee working solely for the bidder) any fee, commission, percentage or brokerage fee, contingent upon or resulting from the award o f this contract; and agrees to furnish information relating to (a) and (b) above as requested by the Contracting Officer, (For interpretation of She representation, including the term "bona fide employee," see Code of Federal Regulations, T it l e f i , Subpart 1-1,5») TYPE OF ORGANIZATION He operates as an □ individual, □ partnership, □ joint venture, Q corporation, incorporated in State of 4, INDEPENDENT PRICE DETERMINATION (a) By submission of this bid, each bidder certifies, and in the case of a joint bid each party thereto certifies RS to his own organization, that id Connection with this procurement: (1) The prices in this bid have been arrived at independently, without consults^ «, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bid

NAME OF PARENT COMPANY MAIN OFFICE address (N o,, Street, City, State, and ZIP Code)

Bidder shall insert in the applicable space below, if he has no parent company, his own Employer’s Identification Number (E X N o.) f Federal Social Security Number used on Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941), or, if he has a parent company, the E.I. No. of his parent company, *

EMPLOYER ^ PARENT COMPANY BIDDER IDENTIFICATION NUMBER OF

alta(hments). Tbe penalty for mating false statements in bids is preserved in 18 U.S.C. 1001. 19-201 i t STOilM-O-TSS-l» i

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 No. 74—3 5884 RULES AND REGULATIONS 4. Section 1-10.901-21 is amended to include a specimen copy of the latest edition of Standard Form 21. § 1—16.901—21 Standard Form 21 : Bid Form (Construction Contr (a) Page 1 of Standard Form 21.

STANDARD FORM Z1 REFERENCE DECEMBER 1 9 6 5 EDITION GENERAL SERVICES ADMINISTRATION Q | Q FORM FED. PROC. REG. (4! CFR) 1-16.401 (CONSTRUCTION CONTRACT)

Read the Instructions to Bidders {Standard Form 22) DATE OF INVITATION This form to be subm itted in

NAME AND LOCATION OF PROJECT NAME OF BIDDER ( Type or print)

TO:

In compliance with the above-dated invitation for bids, the undersigned hereby proposes to perform all work for

!n strict accordance with the Ge; Form 23-A), Labor Standards Provisions Applicable to Contracts i Form 19-A), specifications, schedules, drawings, and conditions, for the

si-us (Continu* on other rido)

FEDERAL REGISTER, VOL. 31, NQ. 74— SATURDAY, APRIL 16, 1966 RULES AND REGULATIONS 5885

(b ) Page 2 of Standard Form 21. characteristics either be made safe be­ fore transfer or be properly labeled so that the transferee is advised of the dan­ ger. A case occurred where certain property possessing a hidden dangerous characteristic was transferred, which could have been injurious to personnel handling the property. To prevent simi­ lar occurrences, § 101-43.315-5 is being strengthened. In addition, this revision provides that billing by a holding agency for direct costs incident to transfer of less than $100 for any single shipment would appear to be uneconomical and should be avoided. The undersigned agrees that, Upon written acceptance of this bid, mailed or otherwise furnished within 1. Section 101-43.315-5 is amended by calendar days' ( calendar days unless a different period be inserted by the bidder) after the adding a new paragraph (h) as follows: date of opening of bids, he will within calendar days (unless a longer period is allowed) after receipt § 101—43.315—5 Procedure for effecting of the prescribed forms, execute Standard Form 23, Construction Contract, and give performance and transfers. payment bonds on Government standard forms with good and sufficient surety. * * * * * The undersigned agrees, if awarded the contract, to commence the work within (h) Any item of excess personal prop­ calendar days after the date of receipt of notice to proceed, and to complete the work within erty having unsafe or dangerous charac­ calendar days after the date of receipt of notice to proceed. teristics must be either rendered safe by the holding activity before shipment or pickup is made, or advice must be given the transferee regarding the actual or potential danger and the property clearly labeled to show such danger. 2. Section 101-43.317-1 is revised as follows: § 101—43.317—1 Cost of care and han­ dling. Each holding agency shall be responsi­ ble for and bear the costs of performing The representations and certifications oh the accompanying STANDARD FORM 19-B are made a part of this M l care and handling of excess, pending dis­ •CLOSED JS BID GUARANTEE. CONSISTING OF IN THE AMOUNT OF position. The direct costs incurred inci­

NAME OF BIDDER {Tjrpe or p r i n t ) FULL NAME OF ALL PARTNERS { T y p e or p r in t) dent to the transfer shall be borne by the transferee agency if billed by the holding agency. Overhead or administrative BUSINESS ADDRESS (T y p e o r p r in t) (In c lu d e “Z I P C o d e " ) costs or charges shall not be included. Only costs incurred in the actual pack­ ing, preparation for shipment, and load­ |Y {Signature in ink» Type or print name under signature) ing may be recovered by the holding agency; and where such costs are in­ curred, they shall be reimbursed by the TITLE (Type or print ) transferee agency upon appropriate bill­ ing, unless the holding agency waives the amount involved. Billing by a holding BISECTIONS Foil SUBMITTING Slot: Envelopes containing bids, guarantee, etc., must be sealed, marked, and addressed as follows! agency for direct costs of less than $100 for any single shipment would appear to be uneconomical and should be avoided. (Sec. 205(c), 63 Stat. 390; 40 TT.S.C. 486(c)) E ffective date. This amendment is ef­ fective upon publication in the F ederal R e g ister . CAUTION—Bids should not he qualified by exceptions to the bidding conditions* Dated: April 12, 1966. ■ft us. eowwtMorr rawra« omet ; w s-o -w e-i« »i s f L a w son B. K n o t t , Jr., (Sec. 206(c), 63 Stat. 390; 40 U.S.C. 486(c)) Administrator of General Services. Chapter 101— Federal Property [F.R. Doc. 66-4154; Filed, Apr. 15, 1966; Effective date. These regulations are Management Regulations 8:46 am .] effective July 29, 1966, but may be ob­ SUBCHAPTER H— UTILIZATION AND DISPOSAL served earlier if the new standard forms PART 101-43—-UTILIZATION OF Title 31— MONEY AND are available. PERSONAL PROPERTY Dated: April 7,1966. Subpart 101-43.3— Utilization of FINANCE: TREASURY Excess Subtitle A— Office of the Secretary of L a w son B. K n o t t , Jr„ the Treasury Administrator of General Services. D angerous E xcess P ersonal P r o pe r ty ; C o st o f Care and H andling PART 0— STANDARDS OF CONDUCT [F.R. Doc. 66-4043; Filed, Apr. 15, 1966; This revision requires that personal Prescribing standards of conduct fo: 8:45 am.] property items possessing dangerous officers and employees of the Treasurj

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 5886 RULES AND REGULATIONS Department in conformity with sections Sec. Sec. 201 through 209 of Title 18 of the United 0.735-92 The Department’s Counselor. Appendix A—Employees Who Must File State­ 0.735-93 Deputy Counselors. ments or Comply With Alternative States Code, Executive Order No. 11222 0.735-94 Bole of personnel officers. Procedures in § 0.735-72 of May 8, 1965, and Title 5, Chapter I, 0.735—95 Bureaus. Appendix B—Confidential Statement of Em­ Part 735, of the Code of Federal Regula- 0.735-96 Supervisor. ployment and Financial Interests tions. 0.735—97 Employees. Appendix C—Statement of Employment and Financial Interests for Special Subpart A— Regular Employees Lis t in g op E m ployees W h o Mu st F il e State­ Government Employees m e n t s or Co m ply W it h Alternative P ro­ G eneral P rovisions cedures in § 0.735-72 Au t h o r it y : The provisions of this Part 0 Sec. issued under Executive Order 11222 of May 8, 0.735-1 Purpose. 0.735-100 Listing of employees. 1965, 30 F.R. 6469, 3 CFR, 1965 Supp.; 5 CFR 0.735-2 Scope. 735.104. 0.735-3 Policy. Subpart B— Preventing Conflicts of Interest on 0.735-4 Definitions. the Part of Special Government Employees in the Department Subpart A— Regular Employees Co n flicts op I nterest G eneral P rovisions G eneral P r o visio ns 0.735-20 General. 0.735-21 Summary of provisions of criminal 0.735-200 Purpose. § 0.735—1 Purpose. code. 0.735-201 Scope. 0.735-202 Policy. This part describes the standards of R ules of Conduct conduct required of all employees of the G eneral R ules op Conduct Applicable to Treasury Department. The regulations 0.735-30 Political activity. Special G overnm ent E m ployees 0.735-31 Strikes. in this part implement Civil Service Com­ 0.735r32 Gifts or gratuities from Govern­ 0.735-203 Applicability of Subpart A of this mission regulations (5 CFR Part 735) ment employees. part. issued on October 1, 1965, in accordance 0.735-33 Gifts or gratuities from outside 0.735-204 Use of Government employment. with Executive Order 11222. The stand­ sources. 0.735-205 Use of inside information. 0.735-206 Teaching, lecturing, and writing. ards of conduct in this part are not to be 0.735-34 Gifts or gratuities from foreign considered all-inclusive and may be governments. 0.735-207 Coercion. 0.735-35 Outside financial interests. 0.735-208 Gifts, entertainment, and favors. supplemented by bureaus to meet specific 0.735-36 Using official designation. 0.735-209 Miscellaneous statutory provi­ heeds. The absence of a specific pub­ 0.735-37 Purchase of Government property. sions. lished standard of conduct covering an 0.735-38 Outside employment and other Co n flict op I nterest Statutes act tending to discredit an employee or outside activities. the Department does not mean that such 0.735-39 Engagements to speak, write, or 0.735-210 Applicability of 18 U.S.C. 203 and an act is condoned, is permissible or teach. 205. would not call for and result in corrective 0.735-40 Soliciting aid or advertising for 0.735-211 Applicability of 18 U.S.C. 207. organizations or associations of 0.735-212 Applicability of 18 U.S.C. 208. or disciplinary action. Treasury employees. "C onsultants and Advisers § 0.735—2 Scope. 0.735-41 Gambling, betting, and lottery chances. 0;735-220 Advice on rules of conduct and This part covers three general types of 0.735-42 Use of intoxicants. conflict of interest statutes. employment situations as follows: 0.735-43 Indebtedness. 0.735-221 Industry, labor, agricultural, and (a) Subpart A of this part sets the 0.735-44 Care of documents. other representatives. general policy and defines rules of con­ 0.735-45 Lending or borrowing money. 0.735-222 Responsibility of the individual duct and procedures for all regular em­ 0.735-46 Use of Government cars. special Government employee. ployees. 0.735-47 Disclosure of information to the (b) Subpart B of this part applies to public. P rocedures T o B e F ollowed in t h e Departm ent special Government employees, primarily 0.735-48 Giving testimony. 0.735-49 Personal communications. 0.735-230 Information and assistance to advisers and consultants. 0.735-50 Use of Federal property. special Government employees (c) Subpart C of this part sets forth 0.735-51 Influencing legislation or peti­ and their supervisors. additional rules and guide lines applica­ tioning Congress. 0.735-231 Disclosure of financial interests. ble to employees stationed in foreign 0.735-52 Soliciting, selling, and canvassing. 0.735-232 Service with other Federal agen­ countries. 0.735-53 Civil Service examination proc­ cies. esses. 0.735-233 Resolution of cases involving a § 0 .7 3 5 -3 Policy. 0.735-54 Falsification of official records. conflict or apparent conflict of (a) The President has stated the 0.735-55 Miscellaneous statutory provi­ interest. 0.735-234 Disciplinary and other remedial basic philosophy of conduct for those sions. who carry out the public business: 0.735-56 General conduct prejudicial to action. the Government. 0.735-235 Legal interpretation. Where government Is based on the consent 0.735-236 Safeguard of information. of the governed, every citizen is entitled to Statem ents op E m plo y m en t and F inancial Subpart C— Additional Rules and Guidelines have complete confidence in the integrity I nterests of his government. Each individual officer, Applicable to Employees Stationed in Foreign employee, or adviser of government must 0.735-70 Employees required to submit Countries statements. help to earn and must honor that trust by G eneral P rovisions his own integrity and conduct in all official 0.735-71 Exceptions. actions. 0.735-72 Determination of adequacy of 0.735-300 Purpose. other rules, regulations, or 0.735-301 Policy. (b) Personnel of the Treasury Depart­ procedures. 0.735-302 General provisions governing con­ ment are expected to adhere to the prin­ 0.735-73 Format for statements of employ­ duct in foreign countries. ment and financial interests. ciples in the President’s message and to Specific R ules of Conduct 0.735-74 Time and place for submission standards of behavior that will reflect of employees’ statements. 0.735-310 Basic rule of conduct. credit on the Government. The Depart­ 0.735-75 Supplementary statements. 0.735-311 Applicability to American em­ ment’s position is that of having con­ 0.735-76 Interests of employees’ relatives. ployees. fidence in its employees and of taking a 0.735-77 Information not known by em­ 0.735-312 Applicability to members of fami­ positive and reasonable approach to the ployees. lies. matter of maintaining the high standards 0.735-78 Information excluded. 0.735-313 Expression of thoughts and views. of conduct necessary in the transaction of 0.735-79 Review of statements. 0.735-314 Political activities. Treasury activities. Those few employ­ 0.735-80 Confidentiality of financial state­ 0.735-315 Acceptance of employment by a member of a family. ees who violate the laws or the rules or ments.) regulations on conduct in this part will 0.735-81 Effect of employee’s statements 0.735-316 Sale of personal automobiles and on other requirements. other personal property. be disciplined in accordance with the gravity of the offenses committed. R esponsibilities Advice and Cou n selin g (c) Disciplinary action may be in addi­ 0.735-90 Assignment of responsibilities. 0.735-320 Responsibility for guidance and tion to any penalty prescribed by law. 0.735-91 Department. assistance. If disciplinary or other remedial action FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 RULES AND REGULATIONS 5887

is necessary, it will be taken only after States is a party or has a substantial This section does not apply to a special consideration of the. explanation of the interest before any Department or Government employee, and does not pre­ employee and will be effected in accord­ agency. vent participation in any bona fide pen­ ance with applicable laws and regula­ (b) Section 205. Section 205 prohib­ sion, retirement, profit sharing, or other tions. Remedial action may include, but its an employee from (1) acting as an welfare or benefit plan maintained by a is not limited to: agent or attorney in prosecuting any former employer. This section also does (1) Changes in assigned duties. claim against the United States or re­ not prohibit payment or acceptance of (2) Disqualification for a particular ceiving any share of interest in such contributions, awards or other expenses assignment. claim for assistance in its prosecution, or under the terms of the Government Em­ (3) Divestment by the employee of his (2) acting as agent or attorney for any­ ployees Training Act (5 U.S.C. 2301- conflicting interest. one before any Department or agency in 2319). (4) Disciplinary action. connection with any particular matter § 0.735—30 Political activity. § 0.735—4 Definitions. in which the United States is a party or has a direct and substantial interest. Employees have the right to vote as In this part: This section does not prohibit a regular they may choose and to express their (a) “Regular employee” or “employee” Government employee from acting with opinions on all political subjects and means an officer or employee of the official approval and with or without candidates, but are forbidden to take Treasury Department, but does not in­ compensation as agent or attorney for active part in political management or clude a special Government employee or his parents, spouse, child or any person campaigns (5 U.S.C. 118i). Political ac­ a member of the uniformed services as from whom, or for any estate for which tivity in some local elections is permis­ defined in 37 U.S.C. 101(3). he is serving as guardian or other fidu­ sible; but before employees engage in (b) “Special Government employee” ciary, with certain exceptions set forth such activity, they should familiarize means an officer or employee of the in that section. The provisions of this themselves with the Hatch Act and the Treasury Department who is retained, section and section 203 do not prevent an Civil Service Commission’s regulations designated, appointed, or employed to employee, if not inconsistent With the on this subject (5 U.S.C. 118i-118n and perform, with or without compensation, faithful performance of his duties, from 5 CFR Part 4). It is unlawful for em­ for not to exceed 130 days during any acting without compensation as agent or ployees to solicit, receive or to be con­ period of 365 consecutive days, tempo­ attorney for any person who is the sub­ cerned with political assessments, sub­ rary duties either on a full-time or inter­ ject of disciplinary, loyalty or other per­ scriptions, or contributions for any mittent basis, but does not include a sonnel administration matter in connec­ political purpose whatever from other member of the uniformed service. tion with such matter. employees. (18 U.S.C. 602, 603, 606, 607.) (c) “Person” means an individual, a (c) Section 207(a). Section 207(a) Employees may make voluntary con­ corporation, a company, an association, prohibits a former employee at any time tributions to a regularly constituted a firm, a partnership, a society, a joint after his employment has ceased, from political organization for its general ex­ stock company, or any other organiza­ knowingly acting as agent or attorney for penditures subject to the limitations set tion or institution. anyone other than the United States in forth in 18 U.S.C. 608. It is unlawful Conflicts of Interest connection with any particular matter for any Federal employee to have mem­ involving a specific party or parties in bership in any political party or orga­ § 0.735—20 General. which the United States has a direct and nization which advocates the overthrow The elimination of conflicts of inter­ substantial interest and in which he of our constitutional form of govern­ est in the Federal service is one of the participated personally and substantially ment (5 U.S.C. Il8p). Employees are most important objectives in establish­ as an employee. also prohibited from forming or con­ ing general standards of conduct. A (d) Section 207(b). Section 207(b) tinuing an association in any way with a conflict of interest situation may be de­ prohibits any such former Government subversive organization, or forming or fined as one in which a Federal em­ employee within one year after his em­ continuing a sympathetic association ployee’s private interest, usually of an ployment from appearing personally be­ with a person engaged in subversive ac­ economic nature, conflicts or raises a fore any court or Department or agency tivities (Executive Orders 10450, 10491, reasonable question of conflict with his as agent or attorney for anyone other and 10548; Treasury Order 82, Revised). public duties and responsibilities, The than the United States in connection § 0.735—31 Strikes. potential conflict is of concern whether with any particular matter involving a it is real or only apparent. The rules of specific patty or parties in which the Employees shall not strike against the the Treasury Department concerning United States is a, party or directly and Government or be members of organiza­ conflicts of interest appear in §§ 0.735- substantially interested and which was tions which assert the right to strike 33, 0.735-35, 0.735-36, and 0.735-38. under his official responsibility within 1 against the Government (5 U.S.C. 118p). § 0.735—21 Summary of provisions of year prior to the termination of such responsibility. § 0.735—32 Gifts or gratuities from Gov­ criminal code. ernment employees. The following is a brief summary of (e) Section 208. Section 208 prohib­ the provisions of the criminal code, 18 its any employee from participating per­ Employees of the Federal Government U.S.C., effective January 21, 1963, which sonally and substantially as a Govern­ are prohibited from soliciting contribu­ define the conflicts of interest which are ment employee in any particular matter tions from other employees for gifts or subject to fine and imprisonment. These in which to his knowledge he, his spouse, presents to persons in superior official provisions have been interpreted by the minor child, partner, or organization in positions. Neither may such superiors Attorney General in a memorandum dis­ which he is an employee or prospective receive any gift or present offered to tributed to Heads of Departments and employee, has a financial interest. An them from employees in the Government Agencies, dated January 28,1963, 28 F.R. employee may be exonerated from the receiving less salary than themselves (5 985 and published in a note following 13 provisions of this section if he makes full U.S.C. 113). Collections of spontaneous U.S.C. 201. It should be noted that lesser disclosure of the financial interest to the origin may be made for token gifts upon prohibitions apply to special Govern­ official responsible for his appointment retirement or resignation or for express­ ment employees than to regular em­ and receives in advance a written deter­ ing condolences in cases of illness or ployees as indicated in Subpart B of this mination by that official that the inter­ death. Solicitations for such gifts part. est is not so substantial as to be likely to should be limited to employees in the (a) Section 203. Section 203 prohibitsaffect the integrity of his service. immediate office of the employee con­ an employee from receiving, agreeing to (f) Section 209. Section 209 prohib­ cerned and a few close associates with receive or asking for, directly or indi­ its any employee from receiving any sal­ whom he has worked. In no case should rectly, any compensation for services, ary or any contribution to or supple­ general solicitations be made for a gift, otherwise than as provided by law, mentation of his salary as compensation nor should gifts to the recipients be in cash, except that small amounts (e.g. rendered by himself or another in rela­ for his services as an employee from any tion to any matter in which the United under $10) remaining after the purchase source other than the Government. of a gift may be included with the gift.

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 5888 RULES AND REGULATIONS However, a collection, within the fore­ (5) Making a Government decision § 0.735—38 Outside employment and going limitations, may be made for a outside official channels; or other outside activities. token gift to express felicitation to an (6) Affecting adversely the confidence Employees shall not engage in any employee and, with the approval of his of the public in the integrity of the outside employment or other outside ac­ supervisor, for a cash gift to assist in Government. tivities, with or without compensation, a catastrophic illness or disaster, pro­ which (a) interfere with the efficient per­ vided that these collections are limited § 0.735—34 Gifts or gratuities from for­ formance of official duties, (b) might to coworkers of approximately equal eign governments. bring discredit on or cause unfavorable status to the recipient employee, and to The Constitution prohibits employees and justifiable criticism of the Govern­ his immediate supervisors. accepting from foreign governments, ex­ ment or (c) might reasonably result in cept with the consent of the Congress, a conflict of interest, or an apparent con­ § 0.735—33 Gifts or gratuities from out­ flict of interest, with official duties and side sources. presents, emoluments, offices or titles. The Congress has provided that, except responsibilities. Employees shall not (a) Except as provided in paragraph in the case of certain specified military engage in outside employment under a (b) of this section, an employee shall not decorations, all such presents, decora­ State or local government unless such solicit or accept, directly or indirectly, tions and other things shall be tendered employment is in accordance with exist­ any gift, gratuity, favor, entertainment, to the State Department to hold pending ing Civil Service Commission regulations loan or any other thing of monetary disposition by the Congress (5 U.S.C. (5 CPR Part 734). Bureau heads will value from a person who: 115, 115a). establish appropriate instructions to (1) Has, or is seeking to obtain, con­ meet their peculiar needs in regard to tractual or other business or financial re­ § 0.735—35 Outside financial interests. outside employment and other outside lations with the Treasury Department, No employee shall on a private basis activities of their employees. These in­ (2) Conducts operations or activities participate, directly or indirectly, in any structions will require employees to ob­ that are regulated by the Treasury De­ financial transaction as a result of, or tain written permission from appropriate partment, or primarily relying on, information ob­ approving officials. To simplify admin­ (3) Has interests that may be sub­ tained through his employment with the istration of this rule, bureaus may in ­ stantially affected by the performance Treasury Department; or if in the trans­ clude In their instructions criteria not or non-performance of his official duty. action his private interest is, or may inconsistent with the regulations in the (b) General exceptions to the rule in reasonably be expected to be, in conflict subpart concerning outside activities paragraph (a) of this section are as with his official interests or duties. No which are clearly permissible and would follows unless otherwise precluded by employee shall participate in any trans­ normally not require written permission. heads of bureaus: action concerning the purchase or sale § 0.735—39 Engagements to speak, write (1) Acceptance of gifts, entertain­ of corporate stocks or bonds or of com­ or teach. ment, and food is acceptable when the modities for speculative purposes, as Employees may teach, lecture, or write circumstances make it clear that ob­ distinguished from bona fide investment providing such action is not prohibited vious family or personal relationships purposes. Whether a transaction is by law, Executive Order 11222, or the (such as those between the parents, chil­ speculative or not will be determined on regulations in this part. However, the dren or spouse of the employee and the the basis of all of the facts in a par­ requirements prescribed in § 0.735-38 employee) rather than the business of ticular case. Indications of speculation also apply to engagements to speak, the persons concerned are the motivating include active trading in stocks on write and teach. In any of these activi­ factors. margin, selling stocks short or trading ties the appropriate approving official in (2) Acceptance of food and refresh­ in the same securities in a very short the bureau will determine whether the ments of nominal value on infrequent span of time. activity may be undertaken, and if so, occasions is permitted when such action whether as official duty, or whether in occurs in the ordinary course of a lunch­ § 0.735—36 Using official designation. private capacity. If it is undertaken as eon or dinner meeting or other meeting Employees shall not permit their offi­ official duty, expenses will be borne by or on an inspection tour where an em­ cial position, status or designation to be the Treasury Department, and the em­ ployee may properly be in attendance. used in a manner that might indicate ployee may not accept compensation or This exception also applies when Treas­ to the public that such use is intended permit his expenses to be paid for by the ury officials are in attendance at large to further the business interests of the person or group under whose auspices the organized functions which have tradi­ user. activity is being performed, if it is de­ tionally been considered appropriate and termined that the activity shall be important ones to attend because of the § 0.735—37 Purchase of Government undertaken in a private capacity, the recognized benefit of such attendance to property. employee may not use duty hours or Treasury operations. Employees are prohibited from, either Government facilities, but he may ac­ (3) Employees may accept loans from cept compensation, and he may use his banks or other financial institutions on directly or indirectly, bidding or pur­ chasing at any sale of Government prop­ official title provided he makes it clear customary terms to finance proper and that he does not represent the Treasury usual activities of employees, such as erty under the direction or incident to the functions of the bureaus or offices Department. Treasury employees are home mortgage loans, except where pro­ prohibited from official attendance at hibited by law. in which they are employed. Govern­ ment property under the control of the segregated meetings. They should not (4) Employees may accept unsolicited participate in conferences or speak be- advertising or promotional material, such Treasury Department shall not be sold, to a Government employee, either di­ fore audiences where any racial group as pens, pencils, note pads, calendars has been segregated or excluded from and other items of nominal intrinsic rectly or indirectly, unless a properly authorized representative of the bureau the meeting, from any of the facilities, value. or the conferences or from membership (c) An employee shall avoid any ac­or office disposing of the property has determined that the sale is in the best in the group. (Administrative Circular tion, whether or not specifically pro­ interest of the Government. Before pur­ 109) Finally, before an employee de­ hibited by this subpart, which might re­ chasing any Government property from livers a formal speech or releases an sult in, or create the appearance of: any agency of the Government, either article relating to matters connected (1) Using public office for private directly or indirectly, employees of the with Treasury Department business, he gain; Treasury Department shall make known must submit it for review to the appro­ (2) Giving preferential treatment to to the disposing agency that they are priate approving official. any person; such employees and shall be governed § 0.735—40 Soliciting aid or advertising (3) Impeding Government efficiency by the disposing agency’s rules relating for organizations or associations of or economy; to sales to Government employees Treasury employees. (4) Losing complete independence or (Treasury Order 19, Rev. No. 1, May 26, Employees shall not solicit financial impartiality; 1955). aid from or sell tickets to persons out-

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 RULES AND REGULATIONS 5889 side the Federal Government for the the circumstances, reflect adversely on testify or respond to questions (under benefit of any organization or associa­ the Department as his employer. In the oath when required) concerning matters tion comprised of Treasury Depart­ event of dispute between an employee of official interest. ment employees. No publication of any and an alleged creditor, this section does such organization shall contain any com­ not require the Department to determine § 0.735—49 Personal communications. mercial advertising, and the costs of the validity or amount of the disputed Employees may not conduct personal such publications must be wholly paid debt. business while on official duty. Personal by the organization or association § 0.735—44 Care of documents. use of telephones is restricted to essen­ (Treasury Order 17, May 29,1937). Em­ tial need. Employees who receive per­ ployee organizations and associations The care of Government documents sonal mail at their office will advise may, however, accept financial aid for is a Federal requirement which is regu­ addressors to stop sending such mail convention purposes from Boards of lated by legislation. All records and to the Treasury Department address. documents in the custody of employees Trade, Chambers of Commerce, Con­ § 0.735—50 Use of Federal property. vention Bureaus and other such organi­ are in their custody for official purposes zations serving similar purposes which only. It is unlawful to remove or con­ Employees may not directly or indi­ have followed a regular practice of fur­ ceal, alter, mutilate, obliterate or destroy rectly use or allow the use of Federal nishing financial aid to organizations records or documents or to remove or property of any kind for other than which hold conventions. attempt to remove from official custody officially approved activities. They also with the intent of performing any of the have a positive responsibility to protect § 0.735—41 Gambling, belling, and lot- above actions (18 U.S.C. 2071). Em­ and conserve all Federal property, tery chances. ployees must not remove records and including equipment and supplies, which In areas of conduct where the employ­ documents from official files without ap­ is entrusted or issued to them. proval from proper authority. Working ee’s personal reputation can reflect upon § 0.735—51 Influencing legislation or the integrity of the Treasury Depart­ papers, copies of reports and other offi­ petitioning Congress. ment, it is the employee’s responsibility cial records and documents shall be to avoid gambling, cheating or giving promptly sent to file when no longer Employees are prohibited from using cause to impressions which detract from needed for official purposes. Disposal Government time, money or property (as, that integrity. The Treasury Depart­ or destruction of records and documents for example, through sending telegrams ment does not forbid legal forms of is to be made in accordance with estab­ or letters) to influence a Member of gambling, but employees will be held lished requirements. There are specific Congress to favor or oppose any legis­ fully responsible for their actions when instructions relating to the safeguarding lation. This prohibition does not apply they gamble in a manner or in establish­ of classified information which are fur­ to the official handling through proper ments which detract from their reputa­ nished to employees authorized to have channels of matters relating to legisla­ tions or when, in their gambling activi­ access to such information. tion affecting the Treasury Department (18 U.S.C. 1913); or to the rights of ties, they associate or mingle with per­ § 0.735—45 Lending or borrowing sons whose reputations detract from money. employees to petition Members of Con­ employee or Department integrity. Em­ gress either individually or collectively ployees may not gamble on Government Employees shall not, either directly or or to furnish information to any com­ property. Betting or gambling while on indirectly, lend to or borrow from other mittee or member of either House of official duty is also forbidden except as employees substantial sums of money. Congress (5 U.S.C. 652(d)). In negotiating loans from authorized required on an undercover assignment. § 0.735-52 Soliciting, selling, and can­ Employees may not while on Govern­ sources, such as credit unions, welfare vassing. ment property or on official duty partici­ associations, commercial or private pate in the sending of chain letters or in banking institutions, etc., if the trans­ Except when authorized by the head of other lotteries, even for a worthy cause. action involves the signature of one or the bureau, office or division concerned, more endorsers or comakers, the bor­ and except as provided by § 0.7354*2, § 0.735—42 Use o f intoxicants. rower must not in any instance solicit, employees are prohibited from soliciting, Employees must refrain from using or permit to be affixed to any instrument from making collections, from canvass­ intoxicants habitually to excess or in as endorser or comaker, the signature ing for the sale of any article or from any way which adversely affects their of any Treasury employee who is under distributing literature or advertising his supervision. matter in any space occupied by work performances (5 U.S.C. 640). In­ Treasury. toxicants may not be consumed while on § 0.735—46 Use of Government cars. official duty unless required in order to § 0.735—53 Civil Service examination Employees are prohibited from using processes. maintain security on an undercover Government cars for other than official assignment. purposes. Use of such cars for trans­ Appointment and future advancement in the Federal career service are based § 0.735—43 Indebtedness. portation of employees between their domiciles and places of employment can on the important principle of individual Employees shall not without good rea­ only be justified where affirmatively au­ merit and qualifications. The selection son fail to maintain good credit and a thorized by statute, as in 5 U.S.C. 78(c). and merit competitive processes are reputation for prompt settlement of protected by the Civil Service Act and their just financial obligations in a § 0.735—47 Disclosure of information to its amendments, 5 U.S.C. Chapter 12 proper and timely manner. They are the public. and the Civil Service regulations. expected to manage their private finan­ Employees may not disclose official Employees shall not participate, either cial affairs in a manner which will not information without either appropriate directly or indirectly, in any of the fol­ cause embarrassment to the Treasury general or specific authority under lowing actions: (a) Intentionally make Department. This particularly includes Department or bureau regulations. This a false statement or practice any decep­ just financial obligations to Federal, should not be construed as directing any tion or fraud in examination or appoint­ State, and local governments for taxes employee of the Department to with­ ment, (b) induce persons to withdraw as well as private concerns and indi­ hold unclassified information from the from competition for competitive serv­ viduals. A “just financial obligation,” press or public. This rule is intended ice positions, (c) engage in any improper as used in this section, means one ac­ solely to prohibit prior distribution of activity with respect to the taking of knowledged by the employee; reduced to confidential information to an individual Civil Service examinations and examina­ judgment by a court; or, in the case of or group of individuals where the pos­ tion ratings, and (d) obstruct the right taxes, a final administrative determina­ session of such information would give of any person to take examinations tion confirmed by notice of a tax lien the individual or individuals advantages according to the Civil Service rules and issued by a governmental agency, Fed­ not accorded to other citizens. regulations. eral, State, or local. “In a proper and § 0.735—48 Giving testimony. § 0.735—54 Falsification of official rec­ timely manner,” as used in this section, ords. means in a manner which the Treasury When directed to do so by competent Employees shall avoid making false, Department determines does not, under Treasury authority, employees must misleading or ambiguous statements, de- FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 5890 RULES AND REGULATIONS liberately or wilfully, whether verbal or terests will be filed by the following em­ § 0.735—72 Determination of adequacy written, in connection with any matter of ployees: of other rules, regulations, or proce­ official interest. Some of these matters (a) Those paid at a level of the Fed­ dures. of official interest are: Transactions with eral Executive Salary Schelule estab­ Exclusions under § 0.735-71 (a) (2) the public, other Federal agencies or fel­ lished by the Federal Executive Salary based upon the fact that other rules, low employees; application forms and Act of 1964. regulations, or procedures obviate the other forms which serve as a basis for ap­ (b) Those in grade GS-16 or above of need for filing statements must be ap­ pointment, reassignment, promotion or the General Schedule of the Classifica­ proved by the Secretary or his designee. other personnel actions; vouchers; leave tion Act and persons in comparable or As a minimum, these alternate controls records; work reports of any nature or higher positions not subject to that Act. must include adequate supervisory re­ accounts of any kind; affidavits; entry or (c) Those in Hearing Examiner posi­ view of: record of any matter relating to or con­ tions. (a) Written certifications by em­ nected with the employee’s duties; and (d) Those in positions specifically ployees on each case, or on daily or report of any moneys or securities re­ identified in Appendix A to this part monthly reports listing cases handled ceived, held or paid to, for or on behalf which are included by reason of meeting during the period, that they handle in of the United States (18 U.S.C. 1001). the following criteria: regulating or auditing private or other (1) Positions the basic duties and re­ non-Federal enterprise that they have § 0.735—55 Miscellaneous statutory pro­ sponsibilities of which require the in­ no personal or financial interests in the visions. cumbent to exercise judgment in making case. Bureau heads should advise employees or recommending a Government decision (b) Written certifications by em­ of any laws which relate specifically to or in taking or recommending a Govern­ ployees recommending decisions or ac­ employees in their bureaus and to the ment action in regard to: tions or making decisions or actions statutes relating to conduct listed below: (1) Contracting or procurement, in­ which have an economic impact on the (a) House Concurrent Resolution 175, cluding the appraisal or selection of interests of non-Federal enterprise that 85th Congress, 2d session, 72 Stat. 312, contractors; the negotiation or approval they have no personal or financial in­ the “Code of Ethics for Government of contracts; the procurement of mate­ terest in the actions or decisions in­ Service.” rials, services, supplies, or equipment; volved. (b) The prohibition placed on Treas­ (ii) Administering or monitoring (c) In lieu of paragraphs (a) and (b) ury Department employees against carry­ grants or subsidies; of this section, submission by employees ing on any trade in any public funds or (iii) Audit of financial transactions; of a comprehensive statement of net debts or obtaining any personal gain (iv) Regulating or auditing private or worth which shall be first completed from transacting the Department’s busi­ other non-Federal enterprise; upon entrance into such positions and ness (5 U.S.C. 254). (v) Use and disposal of excess or kept current on an annual basis there­ (c) Chapter 11 of Title 18, U.S.C. re­ surplus property; and after. lating to bribery, graft, and conflicts of (vD Other activities where the deci­ § 0.735—73 Format for statements of interest as appropriate to the employees sion or action has an economic impact employment and financial interests. concerned. on the interests of any non-Federal enterprise. The format for statements of employ­ (d) The prohibition against the mis­ ment and financial interests to be sub­ use of the franking privilege (18 U.S.C. (2) Positions which the Secretary of the Treasury determines require the mitted by employees is attached to the 1719). regulations in this part.1 Bureaus may (e) The prohibition against counter­ incumbent to report employment and financial interests in order to carry out use the attached format or adapt it with feiting and forging transportation re­ additional reporting requirements on quests (18 U.S.C. 508). the purposes of law, Executive Order 11222, and this part. instructions which the bureau head (f) The prohibitions against (1) em­ personally deems necessary. bezzlement of Government money or (e) Alterations to, deletions from, and property (18 U.S.C. 641) ; (2) failing to other amendments of the list of positions § 0.735—74 Time and place for submis­ account for public money (18 U.S.C. 643) in Appendix A to this part may be made sion of employees' statements. and (3) embezzlement of the money or under the criteria in paragraph (d) of Each employee required to submit a property of another person in the pos­ this section and are effective upon ap­ statement of employment and financial session of an employee by reason of his proval by the Secretary of the Treasury interests shall submit that statement to employment (18 U.S.C. 654). and actual notification to the incum­ the office or official designated by the bu­ (g) The prohibition against unau­ bents. Amendments to the list in Ap­ reau head not later than: thorized use of documents relating to pendix A of this part shall be submitted (a) Ninety days after the effective claims from or by the Government (18 annually for publication in the F ederal date of the regulations in this part if U.S.C. 285). R egister. employed on or before that effective (h) The prohibitions against the em­ date; or ployment of a member of a Communist § 0.735—71 Exceptions. (b) Thirty days after his entrance on organization (50 U.S.C. 784). Employees in positions which meet the -duty but not earlier than 90 days after (i) The prohibitions against (1) the criteria in § 0.735-70 (d) may be excluded the effective date of the regulations in disclosure of classified information (18 from the reporting requirements: (a) this part if appointed after that effec­ U.S.C. 798, 50 U.S.C. 783) ; and (2) the When it is determined by the Secretary tive date. disclosure of confidential information of the Treasury that the duties of the §0.735—75 Supplementary statements. (18 U.S.C. 1905). position are at such a level of respon­ Changes in or additions to the infor­ § 0.735—56 General conduct prejudicial sibility CD that the submission of a mation contained in an employee’s state­ to the Government. statement of employment and financial ment of employment and financial inter­ interests by the incumbent is not nec­ An employee shall not engage in crim­ ests shall be reported in a supplementary inal, infamous, dishonest, immoral, or essary because of the degree of super­ statement at the end of the quarter in notoriously disgraceful conduct, or vision and review over the incumbent which the changes occur. Quarters end and the remote or inconsequential effect March 31, June 30, September 30, and other conduct prejudicial to the Gov­ December 31. If there are no changes or ernment. on the integrity of the Government or (2) that other rules, regulations or pro­ additions in a quarter, an employee is not S tatem ents o f E m pl o y m e n t and F inan­ cedures obviate the need for such state­ required to submit a negative report, cial I n terests however, for purposes of annual review a ments to assure the integrity of em­ supplementary statement is required as § 0.735—70 Employees required to sub­ ployees; (b) when the employee is re­ of June 30 each year. mit statements. quired to report to the Chairman of the Except as provided in § 0.735-71, state­ Civil Service Commission under section i Forms filed as part of the original docu­ ments of employment and financial ln- 401 of Executive Order 11222. m e n t.

FEDERAL REGISTER, VOL. 3 1 , NO. 7 4 — SATURDAY, APRIL 16, 1 9 6 6 RULES AND REGULATIONS 5891

§ 0.735—76 Interests of employees’ rela­ ployee concerned shall be given an op­ report directly to the Secretary. Prob­ tives. portunity to explain the conflict or ap­ lems relating to all other employees on parent conflict. If the conflict or which advice or guidance is necessary or For purposes of completing the state­ apparent conflict is not resolved at bu­ desirable may also be referred to the ments of employment and financial in­ reau or lower organizational level, the Committee through personnel or legal terests, the interest of a spouse, minor matter will be referred to the General channels. child, or other member of the employee’s Counsel who may refer it to the Ad Hoc immediate household is to be considered § 0.735—92 The Department’s Counse­ Committee on Ethical Standards. He lor. an interest of the employee. - In other shall report all cases formally referred words, those blood relations who are to him to the Secretary. The General Counsel has been des­ residents of the employee’s household ignated by the Secretary as the Coun­ are to be treated for purposes of com­ § 0.735—80 Confidentiality of financial selor for the Department on matters pleting the financial statement as statements. covered by the regulations in this part. though they were the employee and Each statement of employment and He is responsible for coordination of the therefore, the report of financial state­ financial interests and each supplemen­ counseling service within the Depart­ ments should reflect their employment tary statement shall be held in confi­ ment and for interpretations on ques­ and financial interests in the same man­ dence. The important principle involved tions of conflicts of interest and other ner that the employment and financial is that only an absolute minimum num­ matters under this part. He shall re­ interests of the employee are shown. ber of persons who have “a need to know” port matters formally referred to him § 0.735—77 Information not known by should see these statements. Informa­ to the Secretary. employee««. tion from a statement may not be dis­ closed other than for use under this part § 0.735—93 Deputy Counselors. If any information required to be in­ except as the Civil Service Commission The Chief Counsel or legal advisor for cluded in a statement of employment and or the Secretary of the Treasury may each bureau is the Deputy Counselor for financial interests or a supplementary determine disclosure is for a good cause that bureau. As such, his responsibility statement including holdings placed in shown. Statements shall not be filed in is to give authoritative advice and guid­ trust is not known to the employee but employees’ official personnel folders, but ance on conflicts of interest and other is known to another person, the em­ shall be filed separately. Precautions matters covered by this part. ployee shall request that other person to should be taken to insure that the state­ § 0.735—94 Role of personnel officers. submit the information in his behalf. ments are adequately secured at all times much in the same manner that security Personnel officers at all organizational § 0.735—78 Information excluded. information is handled. levels are responsible for providing gen­ eral guidance and assistance to super­ The regulations in this part do not re­ § 0.735—81 Effect of employee’s state­ visors and employees in implementing quire an employee to submit on a state­ ments on other requirements. ment of employment and financial inter­ and adhering to the provisions of the ests or supplementary statement any in­ The statements of employment and fi­ regulations in this part. Where ques­ formation relating to the employee’s nancial interests and supplementary tions arise or where advice is sought by connection with, or interest in, a profes­ statements required of employees under either supervisors or employees which sional society or a charitable, religious, the regulations in this part are in addi­ involve either advice or interpretation social, fraternal, recreational,, public tion to, and not in substitution for, or in which is legal in nature, personnel of­ service, civic, or political organization derogation of, any similar requirement ficers will be responsible for seeing that or a similar organization not conducted imposed by law, order, or regulation. the advice or interpretation is sought or as a business enterprise. For the pur­ The submission of a statement or sup­ obtained from the Deputy Counselor or poses of the regulations in this part, edu­ plementary statement by an employee the Counselor, as appropriate. does not permit him or any other per­ cational and other institutions doing re­ § 0.735—95 Bureaus. search and development or related work son to participate in the matter in which involving grants of money from or con­ his or the other person’s participation is The responsibilities of the bureaus are tracts with the Government are deemed prohibited by law, order, or regulation. to (a) provide employees with basic “business enterprises” and are required R esponsibilities standards of conduct and any additional to be included in an employee’s state­ standards and explanations necessary to ment of employment and financial § 0.735—90 Assignment of responsibili­ effectively carry out the policy of the interests. ties. President and of the Department, (b) The assignment of responsibilities to see that employees and supervisors are § 0.735—79 Review of statements. carry out the provisions of this part is aware of their responsibilities in main­ described below in §§ 0.735-91-0.735-97. taining and adhering to established The head of each bureau and his prin­ standards of conduct, (c) inform em­ cipal assistant or deputy will file their § 0.735—91 Department. ployees as to how and from whom they statements with the official in the Office may get additional clarification of stand- of the Secretary to whom they report, The Department’s responsibilities are ard't of conduct and related laws, rules, e.g., Secretary or Assistant Secretary. to (a) issue policy and basic standards of and regulations, (d) insure that appro­ In a similar manner, financial state­ conduct applicable to all Treasury em­ priate disciplinary action is taken against ments of all Presidential appointees be­ ployees, (b) periodically review the basic employees who violate standards of con­ low the level of bureau head will be for­ standards issued and to review initially duct and related laws, rules and regula­ and periodically those additional stand­ tions and against supervisors who fail to warded through the bureau head to the ards issued by the bureaus, (c) set re­ official in the Office of the Secretary to carry out their responsibilities in taking quirements to insure that supervisors and or recommending disciplinary action whom the bureau head reports. Each employees are aware of the standards of bureau will make provisions for a review conduct, of their responsibilities in when appropriate against employees un­ of the statements submitted by other der them who have committed such of­ maintaining and adhering to those fenses, and (e) review and evaluate the employees. This review may be made standards and of the fact that discipli­ effectiveness of standards issued and either by the bureau head or his designee nary action will be taken in cases of fail­ their application. or an independent function or both. The ure to maintain or adhere to them, and system of review shall be designed to (d) establish procedures for furnishing N o te: Bureaus shall provide employees advice to management end to employees with copies of the regulations in this part. disclose conflicts of interest or appar­ New employees shah be given copies of the ent conflicts of interest on the part of on the application of standards of con­ duct. These procedures involve the es­ regulations in this part at the time of their employees. If information from the tablishment of and Ad Hoc Committee on employment. All employees will be reminded statements submitted or from other of the standards of conduct at least annually Ethical Standards and the referral to after this Initial issuance. This may be done sources indicates a conflict of interest or the Ad Hoc Committee of problems re­ by posting the standards on the bulletin an apparent conflict of interest, the em- lating to bureau heads and officials who board, by reminders in house organs or by

FEDERAL REGISTER, VO L 31, NO. 74— SATURDAY, APRIL 16, 1966 No. 74—4 5892 RULES AND REGULATIONS other forms of written communication, in­ the President that every citizen is en­ § 0.735—208 Gifts, entertainment, and cluding payroll inserts. titled to have complete confidence in the favors. § 0.735—96 Supervisor. integrity of his Government and that A special Government employee, while each individual officer, employee or ad­ so employed or in connection with his It is the responsibility of each super­ viser of the Government must help to employment, shall not receive or solicit visor to (a) know the standards of con­ earn and must honor that trust by his from a person having business with the duct applicable to him and the employees own integrity and conduct in all official Treasury Department anything of value under his supervision, (b) advise the actions. as a gift, gratuity, loan, entertainment, employees under his supervision or held or favor for himself or another person, them obtain advice on the application of G eneral R ules of Conduct Applicable to S pecial Government Employees particularly one with whom he has fam­ the standards of conduct, (c) adhere to ily, business or financial ties. Exceptions them, (d) see that the employees under § 0.735—203 Applicability of Subpart A to this are the same exceptions contained his supervision know and adhere to them o f this part. in Subpart A of this part for regular em­ also, and (e) take or recommend dis­ ployees of the Department. ciplinary action when appropriate in Special Government employees shall cases where the employees under his familiarize themselves with the rules of §0.735—209 Miscellaneous statutory conduct contained in Subpart A of this provisions. supervision violate the standards or the part so they can be guided by the prin­ principles upon which they are based. ciples contained in those rules insofar as The statutory provisions relating to § 0.735—97 Employees. their employment with the Treasury is Treasury employees referred to in concerned. In addition, the rules of con­ §§ 0.735-30, 0.735-31, 0.735-32, 0.735-34, Each employee in the Department is 0.735-42, 0.735-44, 0.735-46, 0.735-51, required to (a) know the standards of duct in §§ 0.735-204—0.735-209 specifi­ cally apply to them. 0. 735-53, 0.735-54, and 0.735-55 apply to conduct and their application in his case, special Government employees when (b) seek information from his supervisor § 0.735—204 Use of Government em­ serving in their official capacities with in case of doubt or misunderstanding on ployment. the Department. Where there are spe­ the application of the standards of con­ cific statutes applicable to employees in duct (c) adhere to the standards of A special Government employee shall certain Treasury bureaus, the bureau Conduct, and (d) be aware of the con­ not use his Government employment for concerned should inform its special Gov­ sequences of violation of the laws, rules a purpose that is, or gives the appear­ ernment employees of the applicability and regulations regarding conduct. ance of being, motivated by the desire for private gain for himself or another of those statutes to them. Listing op Employees W ho Must P ile person, particularly one with whom he Conflict of I nterest S tatutes S tatements or Comply W ith Alterna­ has family, business, or financial ties. tive P rocedures in § 0.735-72 § 0.735—210 Applicability of 18 U.S.C. § 0.735—205 Use of inside information. 203 and 205. § 0.735—100 Listing of employees. A special Government employee shall (a) The prohibitions in 18 U.S.C. 203 Appendix A to this part is a listing of and 205 applicable to special Govern­ specific employees who must file state­ not use inside information obtained as a ment employees are less stringent than ments or comply with alternative pro­ result of his Government employment for private gain for himself or another those which affect regular employees; cedures in § 0.735-72. Bureau heads 1. e., those who are appointed for more shall review the list of positions in Ap­ person either by direct action on his part than 130 days a year. These two sec­ pendix A to this part on a quarterly or by counsel, recommendation, or sug­ tions in general operate to preclude a basis and submit changes as appropriate. gestion to another person, particularly regular Government employee, except in Quarters for this purpose are the same one with whom he has family, business, the discharge of his official duties, from as those applicable in the bureau for sub­ or financial ties. “Inside information” representing another person before a de­ mission of statements by employees un­ as used in this section means information partment, agency or court, whether with der § 0.735-75. The effective date of the obtained under Government authority or without compensation, in a matter in changes is set by § 0.735-70(e). which has not become part of the body which the United States is a party or of public information. has a direct and substantial interest. Subpart B— Preventing Conflicts of § 0.735—206 Teaching, lecturing, and However, the two sections impose only Interest on the Part of Special Gov­ writing. the following major restrictions upon a ernment Employees in the Depart­ special Government employee: Special Government employees may (1) He may not, except in the dis­ ment teach, lecture, or write providing such General P rovisions charge of his official duties, represent action is not prohibited by law, Execu­ anyone else before a court or Govern­ § 0.735—200 Purpose. tive Order 11222, or the regulations in ment agency in a matter involving a This subpart implements the provi­ this part. However, a special Govern­ specific party or parties in which the sions of Executive Order 11222 dated ment employee shall not, either with or United States is a party or has a direct May 8, 1965, relating to special Govern­ without compensation, engage in teach­ and substantial interest and in which he ment employees in the Treasury Depart- ing, lecturing, or writing that is depend­ has at any time participated personally . ment. ent upon information obtained as a result and substantially in the course of his of his employment with the Department, Government employment. § 0 .7 3 5 -2 0 1 Scope. except when that information has been (2) He may not, except in the dis­ This subpart relates basically to spe­ made available to the general public or charge of his official duties, represent cial Government employees who are con­ will be made available on request, or anyone else in a matter involving a spe­ sultants and advisers, including experts. when the official to whom he reports re­ cific party or parties in which the United Submission of financial statements by ceives written authorization from the States is a party or has a direct and special Government employees other Secretary or the Ad Hoc Committee for substantial interest and which is pend­ than advisers, consultants, and experts the Secretary for the use of non-public ing before the agency he serves. How­ is waived except where statements would information on the basis that the use is ever, this restraint is not applicable if otherwise be required under § 0.735-70. in the public interest. he has served the agency no more than Employees who are employed for more 60 days during the past 365. He is bound than 130 days are treated as regular em­ § 0.735—207 Coercion. by the restraint, if applicable, regard­ ployees and are subject to the provi­ A special Government employee shall less of whether the matter is one in sions of Subpart A of this part. not use his Government employment to which he has ever participated person­ coerce, or give the appearance of coerc­ ally and substantially. § 0 .7 35-202 Policy. ing, a person to provide financial benefit (b) These restrictions prohibit both It is the Department’s policy in issu­ to himself or another person, particularly paid and unpaid representation and ap­ ing the instructions in this part to ad­ one with whom he has family, business ply to a special Government employee here rigidly to the policy sët forth by or financial ties. on the days when he does not serve the

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 RULES AND REGULATIONS 5893

Government as well as on the days when maining portion of the 365-day period employee to benefit from his perform­ he does. covered by the original estimate of the ance of work under a grant or contract (c) The rules to be followed in thefirst. The sum of the two estimates and for which he would otherwise be disqual­ Treasury Department to clearly identify of the actual number of days of his serv­ ified because he had participated in the the applicability of these statutes follow: ice to the first department or agency matter for the Government or it is pend­ (1) Appointments will be made for a during the prior portion of such 365-day ing in an agency he has served more period of 365 days or less starting with period shall be deemed determinative of than 60 days in the past year. More the date of appointment. (This does not the classification of the appointee by particularly, the provision gives the head preclude renewing appointments at the each during the remaining portion. If of a department or agency the power, expiration of the initial- or succeeding an employee undertakes to serve more notwithstanding any prohibition in 365 days for those who worked 130 days than two departments or agencies, they either section 203 or 205 of Title 18, U.S. or less in the 365-day period prior to the shall classify him in a manner similar to Code, to allow a special Government em­ renewal.) When an appointment of 365 that prescribed in this paragraph (c) in ployee to represent before such depart­ days or less will extend beyond the fiscal the case of two agencies. The Office of ment or agency either his regular em­ year, the Notification of Personnel Ac­ Personnel will coordinate the classifica­ ployer or another person or organization tion (Standard Form 50) should indicate tion of such employees with such other in the performance of work under a grant that “Continuation of employment be­ agencies. or contract. The action required to effect yond the current fiscal year is subject to (5) In the case of a person who is serv­ the exemption is a certification by the the availability of Appropriation Act au­ ing as a member of an advisory com­ Secretary to be submitted for publica­ thority and funds.” mittee, board or other group, and who is tion in the F ederal R egister. Such cer­ (2) At the time of his original ap­ by virtue of his membership thereon an tifications will be forwarded to the Sec­ pointment and the time of each ap­ officer or employee of the United States, retary through the General Counsel, and pointment thereafter, an estimate will the 'above requirements will be carried the exemption will not take effect until be made of the number of days during the out to the same extent as if he were the certification is published. following 365 on which the services of serving the sponsoring department or (f) The other exemptive provision re­ the appointee will be required. A part agency separately and individually. quiring action permits a special Govern­ of a day should be counted as a full day (6) The 60-day standard affecting a ment employee to represent, with or for the purposes of this estimate, and a special Government employee’s private without compensation, a parent, spouse, Saturday, Sunday or holiday on which activities before the Treasury Depart­ child, or person or estate he serves as a duty is performed should be counted ment is a standard of actual past service, fiduciary, but only if he has the ap­ equally with a regular workday. as contrasted with the 130-day standard proval of the official responsible for (3) If it is estimated that an appointee of estimated future service discussed appointments to his position and the will serve more than 130 days during the above. A special Government employee matter involved is neither one in which ensuing 365, the appointee should not is barred from representing another per­ he has participated personally or sub­ be carried on the rolls as a special Gov­ son before his department or agency at stantially nor one under his official re­ ernment employee, and he should be times when he has served it for an ag­ sponsibility. The term “official respon­ informed orally and in writing in the gregate of more than 60 days during the sibility” is defined in 18 U.S.C. 202 to Remarks Section of the Notification of past 365. Thus, although once having mean, in substance, the direct adminis­ Personnel Action (Standard Form 50) been in effect, the statutory bar may be trative or operating authority to control that he is regarded as subject to the lifted later by reason of an intervening Government action. In the Treasury De­ prohibitions of sections 203 and 205 to period of non-service. In other words, partment, the “official responsible for the same extent as if he were to serve as a matter of law, the bar may fluctuate appointments” for these purposes will be as a regular employee. If the estimate in its effect during the course, of a special the bureau head for purposes of those is that he will serve no more than 130 Government employee’s relationship with appointed as consultants and advisers days during the following 365 days, he his department or agency. in bureaus, or the person to whom the should be carried on the rolls of the (7) A part of a day should be counted appointee reports for purposes of those department or agency as a special Gov­ as a full day in connection with the 60- appointed as consultants or advisers in ernment employee and informed orally day standard discussed in subparagraph the Office of the Secretary. and in writing in the Remarks Section of (6) of this paragraph, and a Saturday, the Notification of Personnel Action Sunday, or holiday on which duty has § 0.735—211 Applicability of 18 U.S.C. (Standard Form 50) that he is regarded been performed should be counted equally 207. as subject only to the restrictions of with a regular workday, Service per­ (a) Section 207 of Title 18, U.S. Code section £03 and 205 described in para­ formed by a special Government em­ applies to individuals who have left Gov­ graphs (a) and (b) of this section. Even ployee in one department or agency ernment service, including former spe­ if it becomes apparent, prior to the end should not be counted by another in con­ cial Government employees. It prevents of a period of 365 days for which a de­ nection with the 60-day standard. a former employee or special Govern­ partment or agency has made an esti­ (d) There may be situations where a ment employee from representing anoth­ mate with regard to an appointee that he consultant or adviser has a responsible er person in connection with certain has not been accurately classified, he position with his regular employer which matters in which he participated per­ should nevertheless continue to be requires him to participate personally in sonally and substantially on behalf of deemed a special Government employee contract negotiations with the Treasury, the Government. The matters are those or not, as the case may be, for the re­ In this situation, the consultant or ad­ involving a specific party or parties in mainder of that 365-day period. viser should participate in the negotia­ which the United States is also a party (4) An employee who undertakes serv­ tions for his employer only with the or has a direct and substantial interest. ice with the Treasury Department and knowledge of a responsible Treasury of­ In addition, section 207 of Title 18, U.S. another department or agency shall in­ ficial; i.e., the full-time official to whom Code, prevents a former employee or form each of his arrangements with the the consultant or adviser reports. Prior special Government employee, for a pe­ other. If both his appointments are to permitting such participation, the re­ riod of 1 year after his employment has made on the same date, the aggregate of sponsible Treasury official shall obtain ceased, from appearing personally for the estimates made by the Treasury De­ the approval in writing of the Ad Hoc another person in such matters before a partment and the other department or Committee. court, department, or agency if the mat­ agency shall be deemed determinative of (e) Section 205 of Title 18, U.S. Code, ters were within the area of his official his classification by each. If after being contains certain exemptive provisions. responsibility at any time during the employed by one department or agency, a The first of these deals with a similar sit­ last year of his Government service. It special Government employee is ap­ uation which may arise after a Govern­ should be noted that a consultant or pointed by a second to serve it in the ment grant or contract has been nego­ adviser usually does not have “official same capacity, each department or tiated. This provision in certain cases responsibility.” agency should make an estimate of the permits both the Government and the (b) For the purposes of section 207 amount of his service to it for the re­ private employer of a special Government of Title 18, U.S. Code, the employment

FEDERAL REGISTER, VOL. 3 1 , NO. 74— SATURDAY, APRIL 16, 1 9 6 6 5894 RULES AND REGULATIONS of a special Government employee ceases bureau in which he is serving or the to the Chief Counsel or General Counsel. on the day his appointment expires or General Counsel of the Department if Either of the latter may refer questions is otherwise terminated, as distinguished he is serving in the Office of the Secre­ of ethical judgment to the Ad Hoc Com­ from the day on which he last performs tary. The Chief Counsel of any bureau mittee on Ethical Standards. The com­ service. Accordingly, the appointment may refer doubtful questions to the Gen­ mittee is identified in Treasury Order of an adviser or consultant should be eral Counsel. Questions of ethical judg­ No. 188 (Revised), dated May 31, 1962. terminated promptly as soon as it is de­ ment may be referred to the Ad Hoc § 0.735—231 Disclosure of financial in­ termined that his services are no longer Committee on Ethical Standards by the terests. General Counsel. required. (a) In order to carry out its respon­ § 0.735—212 Applicability of 18 U.S.C. § 0.735-221 Industry, labor, agricul­ sibility to avoid the use of the services 208. tural, and other representatives. of special Government employees in (a) Section 208 of Title 18, U.S. Code, There are situations where a consul­ situations in which violation of the bears on the activities of Government tant or adviser or member of an advisory conflict of interest laws or of the regu­ personnel, including special Government committee may be providing advice as lations in this part may occur, at the employees, in the course of their official a representative of an outside group and time of employment each special Gov­ duties. In general, it prevents an em­ not as an employee or special Govern - ernment employee who is a consultant ployee or special Government employee ment employee of the Department. Such or adviser will be required to supply a from participating as such in a particu­ questions normally arise with respect to statement of (1) all other employment lar matter in which, to his knowledge, he, members of advisory committees with­ and (2) financial interests which relate his spouse, minor child, partner, or a in the departments. Some advisory com­ either directly or indirectly to the duties profit or nonprofit enterprise with which mittees are clearly composed of repre­ and responsibilities he will have as a he is connected has a financial interest. sentatives of industries. The Attorney special Government employee. Each However, the section! permits such an General has ruled that the Advisory statement of financial interests will be employee’s agency to grant him an ad Group to the Commissioner of Internal forwarded to the General Counsel hoc exemption if the interest is not so Revenue is composed of persons serving through the Ad Hoc Committee on substantial as to affect the integrity of in a representative capacity. Bureaus Ethical Standards along with a state­ his services. Insignificant interests may or offices using advisory committees may ment of the duties which the proposed also be waived by a general rule or seek the advice of the Chief Counsel, or special Government employee will be regulation. through him, the General Counsel, to assigned. (b) The matters in which special Gov­ determine whether members of any given (b) The supervisor of the special Gov­ ernment employees are disqualified by advisory committee are serving in a ernment employee should review the section 208 of Title 18, U.S. Code, are representative capacity and not as em­ statement of employment and financial not limited to those involving a specific ployees of the Department. Persons interests in relationship to the duties to party or parties in which the United serving in a representative capacity are be performed and initially determine that States is a party or has an interest, as not subject to the conflict of interest no conflict of interest exists prior to in the case of sections 203, 205, and 207 laws, but they should nonetheless be submission of the material to the Ad Hoc of Title 18, U.S. Code. Section 208, guided by the considerations in this Committee. The purposes of this are (1) therefore, undoubtedly extends to mat­ part covering such points as use of in­ for information, (2) to enable the Com­ ters in addition to contracts, grants, ju­ side information, abuse of office and mittee and the General Counsel to give dicial and quasi-judicial proceedings, gifts. advice as to possible conflicts of inter­ and other matters of an adversary na­ § 0.735-222 Responsibility of the indi­ est, and (3) to permit the Committee and ture. Accordingly, a special Govern­ vidual special Government employee. the General Counsel- to assist special ment employee should in general be dis­ Government employees, in applying the qualified from participating as such in a Each person appointed as a special criteria for disqualification discussed in matter of any type the outcome of which Government employee in the Treasury this part. Such statements must be kept will have a direct and predictable effect Department is responsible for: current during the period the special upon the financial interests covered by (a) Familiarizing himself with the Government employée is on the Govern­ the section. However, the power of ex­ contents of this part and the applica­ ment rolls. emption may be exercised in this situa­ bility of the conflict of interest statutes " (c) The Department official or bureau tion if the special Government employee in his particular case. head appointing a member of an advisory renders advice of a general nature from (b) Seeking advice and assistance in board or committee to serve in an indi­ which no preference or advantage over interpreting the laws and instructions vidual rather than a representative others might be gained by any particular in case he has any questions concerning capacity, may (1) waive disclosure of fi­ person or organization. The power of them. nancial information when he considers exemption may, of course, be exercised (c) Being alert to the possibility of that such information is not relevant to conflicts of interest. the advisory duties of the board or com­ also where the financial interests in­ (d) Furnishing the Department with volved are minimal in value. mittee, or (2) waive disclosure of finan­ (c) Exemptions under section 208 ofinformation concerning his financial in­ cial information except that which is Title 18, U.S. Code may be made by gen­ terests and keeping this information relevant to the advisory duties of such eral rule or regulation by the Secretary. current. board or committee. Such waiver or Ad hoc exemptions may be made by the P rocedures T o B e F ollowed partial waiver is for the convenience of Secretary, the Under Secretary and the in the D epartment the Department and shall in no instance Under Secretary for Monetary Affairs, be considered a substitute for the exemp­ or upon obtaining the approval of the § 0.735—230 Information and assistance tion procedures described under “Appli­ to special Government employees cability of 18 U.S.C. 208” in this subpart. Ad Hoc Committee on Ethical Standards, and their supervisors. by other officials in the Office of the Sec­ If the official or bureau head elects to retary and by bureau heads to whom Each special Government employee waive or partially waive disclosure of in­ advisers and consultants report. appointed in the Department and each formation as described in this paragraph supervisor of a special Government em­ rather than obtain complete disclosure Consultants and A dvisers ployee will be given a copy of this part of financial information, he must report § 0.735—220 Advice on rules of conduct and will be required to familiarize him­ in writing to the General Counsel and conflict of interest statutes. self with the conflict of interest laws through the Ad Hoc Committee the and the provisions of the instructions names of the persons to whom waivers If a special Government employee who were granted and the specific reasons for is a consultant or adviser has doubt as applicable to him. If a special Govern­ ment employee or prospective special the waivers. In cases of doubt as to to the ethics of any conduct falling which of the three actions is appropriate, within the standards of conduct and Government employee or a supervisor desires assistance in interpreting the in­ he should obtain advice from the Ad Hoc conflict of interest statutes, he should Committee. confer with the Chief Counsel of the structions or laws, he will be referred

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 RULES AND REGULATIONS 5895

§ 0.735—232 Service with other Federal Subpart C— Additional Rules and tionality. They shall, in addition, re­ agencies. Guidelines Applicable to Employ­ frain from engaging in, or associating If a special Government employee is ees Stationed in Foreign Countries closely with, groups of people or orga­ serving in other Federal agencies, he nizations engaged in activities which are will be required to inform the Depart­ G eneral P rovisions inimical to or embarrassing to the Gov­ ment and each of the agencies of his § 0.735—300 Purpose. ernment of the United States. arrangements with the others so that This subpart sets forth additional rules § 0.735—313 Expression of * thoughts appropriate administrative measures and views. may be effected. Information of service and guidelines applicable to employees with other Federal agencies will be sub­ and special Government employees sta­ Employees and special Government mitted along with the statement of em­ tioned in foreign countries. employees shall not allude in public ployment and financial interests and § 0.73 5 -3 0 1 Policy. speeches or newspaper interviews to dis­ putes between governments or to active must be kept current while employed Treasury employees and special Gov­ with the Treasury Department. political issues in the United States or ernment employees on official duty in elsewhere, except with the authorization § 0.735—233 Resolution of cases involv­ foreign countries are both representa­ of the Department. ing a conflict or apparent conflict of tives of the Treasury Department and the interest. United States Government and guests of § 0.735—314 Political activities. When a situation- arises which indi­ the country in which they serve. This Treasury employees and special Gov­ cates a conflict of interest or apparent subpart is intended simply to emphasize ernment employees shall not engage in conflict of interest and the matter is not these points. any form of political activity in the coun­ resolved, information about the situation § 0.735—302 General provisions govern­ try to which they are assigned. (This will be reported to the General Counsel, ing conduct in foreign countries. restriction does not apply to alien spouses who in turn will report to the Secretary. who may continue to vote in their own Treasury employees and special Gov­ countries.) In any such situation, the special Gov­ ernment employees should familiarize ernment employee shall be provided an themselves with the standards of con­ § 0.735—315 Acceptance of employment opportunity to explain the conflict or by a member of a family. appearance of conflict. duct for State Department personnel overseas and be guided accordingly. The Members of the family of a Treasury § 0.735—234 Disciplinary and other most important provisions regarding employee or special Government em­ remedial action. conduct, not otherwise covered in this ployee overseas shall not transact or be A violation of the regulations in this subpart, are contained in §§ 0.735-310- interested in any business or engage for part may be cause for appropriate reme­ 0.735-316. Since application of the profit in any profession in the country dial action which may be in addition to standards may vary slightly in different to which the employee or special Gov­ any penalty prescribed by law. Reme­ countries due to local differences, Treas­ ernment employee is assigned without dial action may include, but is not ury employees and special Government - the approval of the bureau concerned. limited to: employees should look to the State De­ Bureaus may make certain exceptions to (a) Change in assigned duties; partment embassy for the country in this with respect to employment for thè (b) Disqualification for a particular which service is being performed for U.S. Government. assignment;' guidance, interpretation and assistance. § 0.735-r-316 Sale of personal automo­ (c) Divestment by the special Govern­ S pecific R ules of Conduct ment employee of his conflicting inter­ biles and other personal property. est; § 0.735—310 Basic rule o f conduct. The following provisions apply to all (d) Disciplinary action. Treasury employees and special Gov­ American employees and special Govern­ ernment employees are obligated to obey ment employees regardless of agency, § 0.735—235 Legal interpretation. the laws of the country in which they attached to United States embassies and Whenever the General Counsel and the are assigned and to observe the rules of constituent posts: General Counsel of the Civil- Service moral and courteous conduct in their of­ (a) The importation, sale or export Commission believe that a substantial ficial and personal lives. of personal property including automo­ biles of American employees and special legal question is raised by the employ­ § 0.735—311 Applicability to American ment of a particular special Government employees. Government employees and their de­ employee, as a consultant or adviser, the pendents must be in accordance with the General Counsel will advise the Depart­ Each head of a Treasury organization laws, regulations and conventions of the ment of Justice, through the Office of overseas shall insure that all employees host country. Legal Counsel, in order to insure a con­ and special Government employees un­ (b) Personal property, including mo­ sistent aird authoritative interpretation der his jurisdiction have read and are tor vehicles, brought to posts abroad by of the law. familiar with the provisions of this part. American employees and special Govern­ § 0.735—312 Applicability to members ment employees must be for their bona § 0.735—236 Safeguard of information. o f fam ilies. fide personal use or that of their depend­ ents, and not with intent of sale or (a) Information on a special Govern­ Restrictions placed on Treasury em­ transfer. ment employee’s statement of employ­ ployees and special Government em­ ic) Automobiles purchased for ship­ ment and financial interests will be ployees with respect to speeches, inter­ ment to new posts of assignment maintained in confidence. This infor­ views, and participation in activities should be unostentatious in appearance mation will be made available to persons abroad also shall apply to those members and modestly equipped. in the Department strictly on a “need to of the f amily of the employee and special (d) The employee or special Govern­ know” basis and only upon the approval Government employee who normally re­ ment employee will not be permitted to of the Ad Hoc Committee on Ethical side with him and are dependent on him. Standards. sell his personal property, including mo­ An employee or special Government em­ tor vehicles, at an amount in excess of (b) The Secretary will decide and act ployee shall be held to strict accounta­ the price he paid for it plus any taxes upon any requests for information on a bility for the actions of his family. mid customs paid by him, or for any special Government employee’s state­ Members of an employee’s or special valuable consideration in excess of the ment of employment and financial in­ Government employee’s family shall total of these amounts. However, an terests which come from outside of the avoid expressing views which are un­ employee or special Goveminent em­ Treasury Department. Information may friendly to or critical of the United States ployee need not sell his personal prop-, not be disclosed except as the Secretary or the host country, their Governments, erty, including motor vehicles; he may or the Civil Service Commission may de­ institutions, its people, either to or in export it, at his own or U.S. Govern­ termine for good cause shown. the presence of persons of a foreign na­ ment expense, under pertinent travel or

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 5896 RULES AND REGULATIONS shipping regulations. He must export Appen d ix A—E m ployees W h o M ust P ile Assistant Commissioner of Customs. it if required to do so by local law, local S tatem ents or Co m ply W it h Alternative Regional Commissioner of Customs. P rocedures in § 0.735-72 Assistant Regional Commissioner of Customs. government regulation, or rules estab­ Deputy Assistant Regional Commissioner lished by the ambassador. specific po sit io n s (Classification and Value). (e) Pull responsibility rests with the Deputy Assistant Regional Commissioner ambassador for controlling the importa­ Office of the Secretary (Inspection and Control). tion and sale of personal property by all Confidential Assistant to the Assistant Sec­ Deputy Assistant Regional Commissioner American employees or special Govern­ retary. (Financial Management). Supervisory Digital Computer Systems Ana­ Regional Counsel. ment employees attached to the embassy District Directors. or constituent posts. He will issue and lyst. Assistant to the Fiscal Assistant Secretary. Assistant District Directors. ensure compliance with local regulations Fiscal Analyst (Special Assistant to the Fiscal Supervising Customs Agents. consistent with policy prescribed herein Assistant Secretary). Assistant Supervising Customs Agents. and with other applicable regulations. Attorney Advisors (Tax Legislation). Customs Agents in Charge. i (f) Since conditions surrounding the Accountant (Tax Legislation). Director, Field Audits. importation and sale of personal prop­ Economist, Office of Financial Analysis. Assistant Director, Field Audits. erty, including motor vehicles, vary National Security Affairs Officer. Field Auditors. widely country by country, Treasury Assistant Director, Office of Domestic Gold Program Advisor. and Silver Operations. Port Director. must rely on the ambassador to issue All Auditors, Office of Domestic Gold and Sil­ Chief Counsel. detailed local regulations and procedures ver Operations. Director, Division of Field Audits. tailored to meet unique local situations. Financial Economists, GS-15, Office of Debt Assistant Director, Division of Field Audits. In issuing such local regulations and pro­ Analysis. Director, Division of Administrative Services. cedures consideration should be given to Actuary, Office of Debt Analysis. Director, Division of Finance and Manage­ the following alternatives among others Economists, GS-15, Office of Tax Analysis. ment Analysis. available to the ambassador. The Special Assistant to the Assistant Secretary Director, Division of Data Processing. for Administration. Director, Division of Appraisement and Col­ ambassador may— All Attorneys, Office of Tax Legislative Coun­ lections. (1) Limit or prohibit importation of sel. Director, Division of Inspection and Control. certain kinds of personal property. (For Chief Counsel and all Attorneys, Foreign As­ Director, Division of Technical Services. example, he may limit the number or sets Control. Director, Division of Tariff Classification frequency of motor vehicles imported.) Chief, Licensing Section, Foreign Assets Con- Rulings. (2) Limit classes of persons to whom troL Director, Division of Entry Procedures and sales may be made. (For example, he Assistant Chief, Licensing Section, Foreign Penalties. may arrange for personal property sales Assets Control. Director, Division of Marine and Transporta­ Chief, Enforcement Section, Foreign Assets tion Rulings. to the host government, or to the U.S. Control. Customs Law Specialist. Mission’s commissary or employee asso­ Deputy Director, Office of Administrative Employees in grade GS-15 or above and per­ ciation for use or rental by it.) Services, a s sons, in comparable or higher positions not (3) Limit the conversion of currency Chief, General Services Division. subject to the Classification Act, not other­ realized from the sale of personal Chief, Printing and Procurement Division. wise identified above. Assistant Chief, Printing and Procurement Appraisers, Examiners and Inspectors above property. GS-9. or Equivalent. (4) Require the exportation of per­ Division. Chief, Buildings Operations Division. Bureau of Engraving and Printing sonal property at Government or the Communications Manager. employee’s or special Government em­ All employees GS—15, Office of the Assistant Director of Manufacturing. ployee’s expense under applicable travel Secretary for International Affairs. Director of Industrial Services. or shipping regulations. Supervisory Physicist (General). Office of the General Counsel Employees in grade GS-11 and above whose A dvice and Counseling duties involve the exercise of judgment in All Attorneys, except those in the Office of making or recommending a Government § 0.735—320 Responsibility for guid­ the Director of Practice. decision or in taking or recommending ance and assistance. Bureau of Accounts Government action in regard to contract­ ing or procurement. Supervisors in charge of Treasury ac­ Operating Facilities Officer. tivities overseas are responsible for pro­ Chief, Procurement Property and Service Internal Revenue Service viding guidance and asssistance to their Section. All Attorneys in Chief Counsel's office in employees and special Government em­ grade GS-15. U.S. Coast Guard All employees in grades FC-1 and FC—2. ployees regarding conduct in such over­ Attorney, GS-905 (all grade levels) . seas activities. In the event the super­ District and Service Center Directors and Property Disposal Officer, GS—1104 (all grade Assistant District and Service Center Di­ visor in the overseas location needs levels). rectors, regardless of grade. assistance and guidance or interpreta­ Industrial Employment Policy Specialist, Procurement Officers. tion, he should first look to the State GS-1150 (all grade levels). Supervisory personnel in Audit, Appellate, Department representative in the over­ Construction Representative, GS—1640 (all Intelligence, Tax Ruling and Collection seas country. If that is not possible or if grade levels). Functions. he needs further assistance he should Supervisory Purchasing and Procurement Of­ Nonsupervisory personnel in Audit, Appellate, ficers, GS-2020. Intelligence, Tax Ruling and Collection contact his bureau head. Bureaus may Supervisory . Traffic Manager, GS-2130. refer questions on the regulations in this Functions (Revenue Officers, Revenue Office of the Comptroller of the Currency Agents, Office Auditors, Special Agents, Ap­ part to the Director of Personnel who pellate Conferees, and employees in Tech­ will confer with the State Department Associate Chief Counsel. nical participating in Rulings activities). where necessary to assure uniformity of Administrative Assistant to the Comptroller interpretation and of conditions in over­ of the Currency. Bureau of the Mint seas locations. Deputy Administrative Assistant to the Superintendents, Philadelphia and Denver Comptroller of the Currency. Mints and New York Assay Office. This Part 0 was approved by the Civil Chief, Organization Division. Engraver, Philadelphia Mint. Service Commission on March 18, 1966. Regional Comptroller of the Currency. Assayers, Philadelphia and Denver Mints and Deputy Regional Comptroller of the Cur­ New York Assay Office. Effective date. This Part 0 shall be­ rency. -*-■ Assistant Superintendents, Philadelphia and come effective upon publication in the Regional Counsel. Denver Mints and New York Assay Office, Chief Counsel. F ederal R egister. Officers in Charge, San Francisco Assay Bureau of Customs Office and Fort Knox Bullion Depository. [seal] A. E. W eatherbee, Assistant Officers in Charge, San Francisco Assistant Secretary Commissioner of Customs. Assay Office and Fort Knox Bullion Deposi­ for Administration. Deputy Commissioner of Customs. tory.

FEDERAL REGISTER, VOL. 3 1 , NO. 7 4 — SATURDAY, APRIL 16 , 1 9 6 6 RULES AND REGULATIONS 5897 Contract and Procurement Officer. Beginning at the true point of begin­ raphy varies from moderate to steeply General Attorney. ning located 719 feet north and 920 sloping breaks. Soil cover is limited to a Chief, Management Analysis and Production feet plus or minus west of the mean­ Division. der corner of Section line between light cover of sagebrush, cheatgrass, Assistant Technical Consultant to the sections 33 and 34; thence due west some perennial grasses, and weeds. Director. to the Pacific Ocean; thence south­ 2. Until 10 a.m., on October 10, 1966, Chief and Assistant Chief, Budget and erly along the ocean shore to a point the State of Washington shall have a Finance Division. due south of the true point of be­ preferred right of application to select ginning; thence due north to the Bureau of Narcotics the lands as provided by R.S. 2276, as point of beginning, said north-south amended (43 U.S.C. 852). After that Chief Counsel. line being 100 feet due east of the time the lands shall be open to opera­ Head, Returns Division. Heceta Head Lighthouse Tower; tion of the piiblic land laws generally, All District Supervisors. Parcel (2). Beginning at the meander corner described above; thence north 719 subject to valid existing rights, the pro­ Bureau of the Public Debt feet to a point; thence S. 29°30' E. 670.5 visions of existing withdrawals, and the feet to a point; thence S. 67°43' W., 356.9 requirements of applicable law. All valid All Attorneys in the Chief Counsel’s Office. feet to the point of beginning, containing applications received at or prior to 10 17.5. Savings Bonds Division 2.72 acres, more or less. a.m., on October 10, 1966, shall be con­ Office Services Manager. The areas described aggregate approx­ sidered as simultaneously filed at that imately 10.81 acres. time. Those received thereafter shall be U.S. Secret Service 2. At 10 a.m. on May 17,1966, the landsconsidered in the Order of filing. Attorney. shall be open to such forms of disposition The lands have been open to applica­ Office of the Treasurer of the United States as may by law be made of national forest tions and offers under the mineral leas­ lands. ing laws, and to location under the Assistants to the Deputy Treasurer. United States mining laws subject to the Administrative Officer. H arry R . Anderson, Assistant Secretary of the Interior. provisions of the act of August 11, 1955 Appendix B— Confidential Statem ent of (69 Stat. 682; 30 U.S.C. 621). A p r il E m plo y m en t and F inancial I nterests 11, 1966. Inquiries concerning the lands should [F.R. Doc. 66-4126; Filed, Apr. 15, 1966; be addressed to the Manager, Land Office, No te: Appendix B filed as part of the origi­ 8:45 am.] nal document. Bureau of Land Management, Portland, Oreg. Appen d ix C—Statem ent o f E m plo y m en t and [Public Land Order 3979} H arry R. Anderson, F inancial I nterests for Special G overn­ Assistant Secretary of the Interior. m e n t E m ployees [Washington 05201] A p r il 11,1966. Note: Appendix C filed as'part of the origi­ WASHINGTON nal document. [F.R. Doc. 66-4127; Filed, Apr. 15, 1966; Powersite Cancellation No. 210, Par­ 8:45 a.m.] [F.R. Doc. 66-4170; Filed, Apr. 16, 1966; 8:47 a.m.] tial Cancellation of Powersite Clas­ sification No. 426 [Public Land Order 3980] [Montana 025412] By virtue of the authority contained in the act of March 3,1879 (20 Stat. 394; MONTANA Title 43— PUBLIC LANDS: 43 U.S.C. 31), and 1950 Reorganization Plan No. 3 (64 Stat. 1262; 5 U.S.C. Transferring Lands From Federal Avi­ INTERIOR 133z-15, Not^>r-and in section 24 of the ation Agency to Department of the act of June 10, 1920 (41 Stat. 1075; 16 Interior Chapter II— Bureau of Land Manage­ U.S.C. 818), as amended, and pursuant to By virtue of the authority contained ment, Department of the Interior the determination of the Federal Power in section 4 of the act of May 24, 1928 Commission in DA-200-Washington, it APPENDIX— PUBLIC LAND ORDERS (45 Stat. 729; 49 U.S.C. 214), it is or­ is ordered as follows: dered as follows: [Public Land Order 3978] 1. The order of the Geological Survey Jurisdiction of the following described [Oregon 016348] of July 25, 1952, creating Powersite lands withdrawn by departmental order Classification No. 426 is hereby cancelled of January 6, 1936, as a part of Air OREGON so far as it affects the following de­ Navigation Site No. 103, is hereby trans­ scribed lands: ferred from the Federal Aviation Agency Partial Revocation of Lighthouse W illam ette Meridian to the Department of the Interior, for Withdrawal the maintenance of aids to air naviga­ T. 3 N„ R. 19 E„ tion: Sec. 21, Wi/2SWi4. By virtue of the authority vested in the P rincipal M eridian President and pursuant to Executive Or­ T. 5 N., R. 24 E., der No. 10355 of May 26, 1952 <17 F.R. Sec. 32, Ni/aNE^SW^, Ni/2NWi4SE^; T. 9 N., R. 8 W., 4831), it is ordered as follows: Sec. 34, Ni/2SWy4SWi4 , N i/2 S % SW %SW V4, Sec. 8, SE % NE % N W % S W ¡4. Ny2 sy2s i/2 SW % SW %. 1. The Executive Order of July 18,T. 5 N., R. 25 E., Containing 2.5 acres. 1891, reserving lands now in the Siuslaw Sec. 12, SE^SE1^, that part lying north of H arry R . Anderson, National Forest, for lighthouse purposes, southerly R/W line of Wash. State Hwy. Assistant Secretary of the Interior. is hereby revoked so far as it affects the 8E; following described lands: Sec. 14, SE14NE14 , NE14SW14 , that part April 11,1966. • lying north of R/W. of Hwy. 8E.; W illam ette Meridian Sec. 22, NW%NE%, that part lying north of [F.R. Doc. 66-4128; Filed, Apr. 15, 1966; R/W of Hwy. 8E. 8:45 a.m.] T. 16 S., R. 12 W., T. 5 N., R. 26 E„ Parcel (1). Beginning at meander corner Sec. 12, NW1/4NW1/4, Ny2SE&NWi4, NE% [Public Land Order 3981] on section line between sections 33 SW !/4 SE14 NW %; SE14 SE yA NW$4 , N% 34; 50.00 chains north of corner to sec­ NE14SE14, NE SW 14 NE14 SE 14; N% [Nevada 047474] tions 33 and 34; thence north 719 feet SE&NE&SE14, SE 14 SE % NE % SE &. to a point; thence west to the Pacific NEVADA Ocean; thence following along the ocean The areas described aggregate ap­ shore to the point of beginning, contain­ proximately 390 acres in Klickitat and Revocation of Public Land Order ing 10.09 acres more or less; excepting an Benton Counties. No. 338 area containing 2 acres more or less, de­ The lands are located on the north scribed as follows: By virtue of the authority vested in bank of the Columbia River. Topog- the President and pursuant to Executive

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 5898 RULES AND REGULATIONS Order No. 10355 of May 26, 1952 (17 F.R. T. 44 N., R. 6 W..* T. 42N..R. 6W.,* Sec. 36, SWft, 100' N., 100' S. - s sec. 13, Nft SEftSEft, sy2swy4SEy4, swy4 4831), it is ordered as follows: S E f tS E ft ,100' n ., 300' s.; 1. Public Land Order No. 338 of Janu­ b. Roadside Strip No. 2—Capitol City Sec. 23, E ftE ftSE ft,100' N., 300' S.; ary 7, 1947, withdrawing the following Townsite to Engineer Pass. Sec. 24, NWy4NEy4, W f t ,100' N., 300's. described lands for an administrative T. 43 n ., R. 5 w.,* site, is hereby revoked: f. Roadside Strip No. 6—Lake Fork of Sec. 7, NEft, 0' N., 1000' S. the Gunnison River above Lake San M o u n t Diablo Meridian T. 43 N., R. 6 W.,* Sec. 1, SEftSEft, 600' N., 0' S.; Cristobal. T. 21 S.,R. 61 E„ Sec. 12, Eft, EftW ft, 1000' E., 600' w.; T. 42 N., R. 4 W., Sec. 1, S i/2 NW % SE% SW , Wy2SWy4SEy4 Sec. 13, N^NWy4, 600' E., 100' W.; Sec. 4, Lot 6, 1000' E., 0' W., Lot 7, 700' E„ SW% and NE14 SW ft SE ft SW ft . sec. 13, swy4Nwy4, Nwy4swy4, 400' e ., 200' W., SWftNWft, 600' E., 400' W.; The areas described aggregate 12.5 100' W.; Sec. 5, NEftSEft, 800' E„ 400' W. acres in Clark County. Sec. 14, Sft, 100' N„ 400' S.; T. 43 N., R. 4W „ Sec. 16, SftSW ftSW ft, 100' N., 0' S.; Sec. 33, Lot 2, 600' E., 200' W., Lot 3, 900' 2. The State of Nevada has indicated Sec. 17, Sy2 , 100' N„ 400' S.; E., 200' W., Lot 4, 200' E., 200' W., NEft its intention to acquire the lands under Sec. 18, sy2, 100' N„ 100' S.; NEy4, 300' E., 150' W., SEftNEft 300' E„ appropriate authorities. The lands have Sec. 19, NWftNWftNWft, 100' N. 100' S.; 150' w., s w f t N E f t , 500' e „ 150' w. been found suitable for disposal to the Sec. 20, NftNftNEft, 100' N., 700' S.; State and, therefore, Vfill not be subject Sec. 20, NftNftNW ft, 100' N„ 400' S.; g. Roadside Strip No. 7—Along Crest to other disposition under the public Sec. 21, Nft, 300' N„ 400' S.; Drive—Engineer Mountain easterly to land laws unless authorized by an ap­ Sec. 22, N ft, 100' N., 400' S.; Ouray-San Juan-Hinsdale County line Sec. 23, NftNW ft, 100' N., 400' S. intersection. propriate order of an authorized officer T. 43 N., R. 7 W.,* of tiie Bureau of Land Management. Sec. 24, NEft, 150' S., 150' W.; T. 43 N., R. 6 W.,* Sec. 24, Wft, 400' E., 150' W. Sec. 19, S W ft,150' N., 150' S. H arry R. Anderson, T. 43 N., R. 7 W .,*' Assistant Secretary of the Interior. c. Roadside Strip No. 3—Bent Creek to Sec. 24, Sy2, 150' N„ 150' S. April 11,1966. Cinnamon Pass. 2. For Road Relocation: T. 42 N., R. 5 W.,* [F.R. Doc. 66-4129; Filed, Apr. 15, 1966; T. 43 N., R. 6 W.,* 8:45 a.m.] Sec. 6, NEft, 100' E., 300' W.; Sec. 6, SEft; 100' E., 100' W.; sec. 7, Nwftswftswft, sftsy2swft, swy4 Sec. 7, NEftNEft, 100' E., 100' W.; SWftSEft; Sec. 18, SWftNEftNEft, NftNWftNEft, [Public Land Order 3982] Sec. 8, Wft, S E ft,100' E., 100' W.; Sec. 10, SEftSEft, 200' N., 600' S.; SEftNWftNEft, SEftNEft, NftNEft SEy4, Ny2NEy4Nwy4, EftNWftNWft, [Colorado 0125423] sec. ii, swftswft, 200' n ., 600' s., SEft SWft, 600? N., 600' S., SWftSEft, 600' wy2wy2wy2. COLORADO N., 400' S.; T. 43 N., R. 7 W.,* Sec. 15, NftNEft, 200' N„ 600' S.; Sec. 12, Ey2SEy4SEy4; Withdrawal for Protection of Sec. 16, N ftN ft,100' N„ 100' S.; sec. 13, NEftNEft, SEftSEftSEft. Recreation Values Sec. 17, NEftNEft, 100' N., 100' S. The areas described in this order ag­ T. 42 N., R. 6 W.,* gregate approximately 2,318 acres. By virtue of the authority vested in Sec. 3, WftNEft, EftNWft, 400' E., 100' w.; the President and pursuant to Executive Sec. 4, NWy4 , 200' N., 200' S. Legal description within townships Order No. 10355 of May 26,1952 (17 P.R. T. 43 N., R. 5 W.,* marked with an asterisk is based on 4831), it is ordered as follows: Sec. 31, SWft, 300' N., 300' S. protraction diagrams approved May 5, Subject to valid existing rights, the T. 43 N., R. 6 W.,* 1965. following-described public lands which Sec. 33, Sft SWft, 200' N., 200' S.; 3. The withdrawal made by this order are under the jurisdiction of the Secre­ Sec. 33, SftSEft, 100' N., 100' S.; does not alter the applicability of the Sec. 34, SW ft,100' N., 100' S.; public land laws governing the use of the tary of the Interior, are hereby with­ Sec. 34, SEft, 400' E., 100' W. drawn from all forms of appropriation T. 43 N., R. 6 W.,* lands under lease, license, or permit, or under the public land laws, including the Sec. 35, SWftNWft, NWftSWft, 100' N., governing the disposal of their mineral mining laws (30 U.S.C., Ch. 2), for pro­ 400' S.; or vegetative resources other than under tection of their public recreation values, Sec. 35, SftNW ft, SEftNWft, 300' N., 400' the mining laws. However, leases, li­ or for road relocation purposes, as S.; censes, or permits will be issued only if indicated. Sec. 36, SEft NEft, NEftSEft, 300' N., 600' the proposed use of the lands will not 1. A strip of land on both sides of the S.; interfere with the primary use for which sec. 56, swftNEft, SftNWft, 300' n ., they are withdrawn. center line of the existing road where it 400' S. traverses the subdivisions hereinafter de­ H arry R. Anderson, scribed, the width of which strip, as d. Roadside Strip No. 4—Cinnamon Assistant Secretary of the Interior. measured perpendicular to the center Pass to Engineer Pass via Animas Forks. line, is indicated after each section: T. 42 N., R. 6 W.,* April 11, 1966. a. Roadside Strip No. 1—Lake City to , Sec. 4, NftNftNW ft, 200'N., 200's.; [F.R. Doc. 66-4130; Filed, Apr. 15, 1966; Forest Boundary on North Fork of Hen­ Sec. 5, N W ft,100' N., 100' S.; 8:45 a.m .] son Creek. Sec. 6, NWft, NEftNEftNWft, 100' N., 100' S. N ew Mexico P rincipal M eridian T. 43 N;, R. 6 W.,* Sec. 19, SW ftSW ft,100' N., 100's.; [Oregon 017337] T. 43 N., R. 5 W., Sec. 30, NWft NW ft,100' E., 100' W.; Sec. 5, Sft, 100' N„ 400' S.; Sec. 30, SWftNWft, Wft SWft, 200' E., OREGON Sec. 6, SEft, 100' N., 400' S. 200' W.; T. 43 N., R. 6 W.,* Sec. 31 Wy2, 100'E., 200'W.; Partial Revocation of Reclamation See. 1, SEftSEft, 100' N., 100' S. Sec. 32, SEft, 200' N„ 200' S.; T. 44 N., R. 4 W., Sec. 32, SWft, 100' N., 100' S.; Withdrawals Sec. 31, SftN ft, N ftSft, 100' N., 400' S.; sec. 33, sw ftsw ft,200' n ., 200' s. By virtue of the authority contained in Sec. 32, N ftS ft,100' N., 150' S.; T. 43 N., R. 7 W.,* Sec. 33, NEft, NftSW ft, 100' N., 150' S. Sea 24, Sy2, 200' N., 100' S. section 3 of the act of June 17, 1902 (32 T. 44 N., R. 5 W., Stat. 388; 43 U.S.C. 416), as amended Sec. 33, SEftSEft, 100' N., 400' S.; e. Roadside Strip No. 5—Townsite of and supplemented, it is ordered as fol­ Sec. 34, Sy2, 100' N., 150' S.; Sherman to Forest Boundary, along lows: Sec. 35, S«/2S i/2NWy4, SftSEftNEft, Nft 1. The departmental orders of March N E f t S E f t , 100' N., 150' S.; Cottonwood Creek. Sec. 35, SftSW ftNEft, NftNW ftSEft, T. 42 N.,R. 5W.,* 17, 1916, November 5, 1919, February 5, 600' N., 150' S.; Sec. 17, SEy4NEy4, 400' N., 900's.; 1923, and March 28, 1925, withdrawing Sec. 36, SftSftNW ft, 100' N., 150' S.; sec. 17, swy4NEy4,200' n „ 400' s .; lands for the Owyhee Project are hereby Sec. 36, SftSftN Eft, N ftN ftSEft, 100' N„ Sec. 17, Sy2NW i4,100' N., 300' S.; revoked so far as they affect the fol­ 400' S. Sec. 18, Various, 100' N., 300' S. lowing described lands:

FEDERAL REGISTER, VOL 31, NO. 74— SATURDAY, APRIL 16, 1966 RULES AND REGULATIONS 5899

W illam ette M eridian brush, various grasses, native shrubs, [Public Land Order 3985] T. 26 S., R. 43 E., and forbs. [Arizona 035348] Sec. 13, SWy4NW i4; 2. Until 10 a.m. on October 10, 1966, Sec. 15, SWV4NWy4; the State of Oregon shall have a pre­ ARIZONA Sec. 20, SE%NEy4; ferred right of application to select the Modification of Reclamation and Sec. 21, NE%NE%; lands as provided by R.S. 2276, as Sec. 23, NE%SEy4; amended (43 U.S.C. 852). After that Stock Driveway Withdrawals to Sec. 28, NEV4NW%; time the lands shall be open to operation Permit Grant of Right-of-Way Sec.29,Ey2SWi4; Sec. 32, NE%SE% and SWy4SE%. of the public land laws generally, sub­ By virtue of the authority contained T. 27 S., R. 43 E., ject to valid existing rights, the provi­ in section 3 of the act of June 17, 1902 Sec. 5, ldr20; sions of existing withdrawals, and the (32 Stat. 388; 43 U.S.C. 416), as amended Sec. 6, lots 1,13, and 17; requirements of applicable law. All and supplemented, and in section 10 of Sec. 7, lots 7, 8, and Ei/2NE%; valid applications received at or prior to the act of December 29, 1916 (39 Stat. Sec. 18, lots 12» 13, SE%NE}4, and NW y4 10 a.m. on October 10,1966, shall be con­ 865; 43 U.S.C. 300), as amended, it is SE%. sidered as simultaneously filed at that ordered as follows: T. 22 S., R. 44 E., time. Those received thereafter shall Sec. 26, SW ^SEi4; 1. The departmental orders of July 2, Sec. 34, S^NE^; be considered in the order of filing. 1902, and August 21, 1909, withdrawing Sec. 35, NE%NW& and SW ^NW ^. 3. The lands will be open to location lands for the Salt River Project, and T. 23 S., R. 44 E„ under the U.S. mining laws at 10 a.m. the departmental order of May 19, 1938, Sec. 1, lo t 4; on October 10, 1966, those withdrawn creating Stock Driveway Withdrawal No. Sec. 2, NWy4SW>4; for power purposes being subject to the 164 (Arizona No. 6), are hereby modified Sec. 7, Sy2NE%, SE%NWy4, and NEy4SW^; provisions of the act of August 11, 1955 Sec. 10, NE^SW i/4 and S W ^ S W ^ ; to the extent necessary to permit the (69 Stat. 682; 30 U.S.C. 621). The lands granting of a right-of-way under section Sec. 18, NE%NW%; have” been open to applications and Sec. 28, Ey2SW%; 2477, U.S. Revised Statutes (43 U.S.C. . Sec. 31,SEyiSEy4; offers under the mineral leasing laws. 932), to Maricopa County, Ariz., over Sec. 32, sy2SW%; Inquiries concerning the lands should the following described land, as de­ Sec. 33, SW%NE^. be addressed to the Manager, Land lineated on a map on file with the Bu­ T. 24 S., R. 44 E„ Office, Bureau of Land Management, reau of Land Management in Arizona Sec. 4, SWy4NEV4; Portland, Oreg. Sec. 5, Wy2NEV4 and SEV4SWy4; 035348, for construction of a public road: Sec. 8, NE^NW ^; H arry R. Anderson, G ila and Salt R iver Meridian Sec. 9, SE^NE^ and NE^SE^; Assistant Secretary of the Interior. Sec. 17, S W ^ N E ^ ; TLJ N., R. 7 E., Sec. 22, NW^NWyi; A pril 11, 1966 Sec. 18, Sy2. Sec. 28, Wy2SEy4; [FJR. Doc. 66-4131; Filed, Apr. 15, 1966; Sec. 29, NE%NW»4; 8:45 ajn.J Containing 9.12 acres In Maricopa Sec. 32, Wy2NWy4; County. Sec. 33, SW ^NE^. [Public Land Order 3984] 2. The right-of-way shall be subject T. 25 S., R. 44 E„ to the prior right of the United States, Sec. 9, NWyiSWyi; [Sacramento 080186] its successors and assigns, to use any Sec. 10, S W ^ N E yi; of the land to construct, reconstruct, op­ Sec. 14, SE%NE% and S 14SE14; CALIFORNIA Sec. 15,SE%SW%; erate and maintain dams, dikes, levees, Sec. 22, NEy4SW%; Partial Revocation of Executive Order reservoirs, canals, wasteways, laterals, Sec. 23, SE&NW1^; No. 6544 of Dec. 30,1933 ditches, drainage works, flood channels, Sec. 34, SWy4NWy4; telephone and telegraph lines, electric Sec. 35, Wy&NEy4 and N W ^ S E ^ . By virtue of the authority vested in the transmission lines, roadways, and ap­ T. 26 S., R. 44 E„ President by sectioii 1 of the act of June purtenant irrigation structures, without Sec. 4, lo t 9; 25,1910 (36 Stat. 847; 43 U.S.C. 141), and any payment by the United States, or its Sec. 7, lots 10 and 17; pursuant to Executive Order No. 10355 successors and assigns, for such right, Sec. 8, swy4swy4; , of May 26, 1952 (17 F.R. 4831), it is or­ Sec. 9, SEy4NWy4 and SE%SE^; with the agreement on the part of the dered as follows: County of Maricopa that if the construc­ se c . io, N w y4sw y4; 1. Executive Order No. 6544 of Decem­ Sec. 17, N ^ S E ^ . tion or reconstruction of any or all of T. 21 S., R. 45 E., ber 30, 1933, withdrawing certain public such dams, dikes, levees, reservoirs, Sec. 22, E%; lands in California for use in connec­ canals, wasteways, laterals, ditches, sec. 26, NE^Nwyi, n w ^ n w ^ , w y^ sw % tion with the administration of the telephone and telegraph lines, electric N w y4, Ey2S E ^ N w y 4, n e ^ s w ^ , w y 2 Shasta and Trinity National Forests, is transmission lines, roadways, or appur­ NWy4SWy4, and sy2swy4; hereby revoked so far as it affects the tenant irrigation structures across, over Sec. 27, Ei/2NEy4, NW%NEy4, and Ey2SEy4; following described land: Sec. 33, Sy^SE%; or upon said land should be made more Sec. 34, NE% and W%; M o u n t D iablo Meridian expensive by reason of the existence of Sec. 35, Ni/2NW% and SE^NW yi. TRINITY NATIONAL FOREST improvements or workings of the county T. 22 S., R. 45 E„ thereon, such additional expense is to be Sec. 3, lo ts 4, 5,,8.11,12 and 14; T. 33 N., R. 10 W., estimated by the Secretary of the In­ Sec. 4, lots 2. 3, 4, 5, 6, 7, 10, SW%NEy4, Sec. 12, NE%NW}4NE}4 (NEy4 of lot 2), terior, whose estimate is to be final and sy2Nwy4, Ny2sw yi, sw & sw ^, and Ny2 except that portion In Min. Lot 47 and Exchange Survey 364. binding upon the parties hereto, and that SE»4; within 30 days after demand is made Sec. 7, lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, NW& The area described contains approxi­ NE% and NE^SE^; upon the county for payment of such Sec. 8; mately 7.70 acres in Trinity County, and sums, the county will make payment Sec. 9, lo ts 2, 3, and S W ^ ; is closed to operation of the mining laws thereof to the United States, or its suc­ Sec. 18, lo t 5 and Wy2NW y4NE^; by the act of June 20,1938 (52 Stat. 797). cessors and assigns, constructing or re­ Sec. 30, lo t 2. 2. At 10 a.m. on May 17, 1966, the constructing such dams, dikes, levees, land shall be open to such forms of dis­ reservoirs, canals, wasteways, laterals, The lands described aggregate 6,614.27 position as may by law be made of ditches, telephone and telegraph lines, acres in Malheur County, of which the national forest lands, subject to the act electric transmission lines, roadways, or SWy4NEy4, sec. 17, and the NW1/4NW1/4, of June 20, 1938, supra. appurtenant irrigation structures across, sec. 22, T. 24 S., R. 44 E., are withdrawn for power purposes. H arry R. Anderson, over or upon said land. There is re­ Assistant Secretary of the Interior. served to the United States the right of The lands are situated along the its officers, agents, employees, licensees Owyhee River in southeastern Oregon. April 11, 1966. and permittees, at all proper times and Solid basaltic rock outcrops are numer­ >s[F.R. Doc. 66-4135; Hied, Apr. 15, 1966; places freely to have ingress to, passage ous. Vegetation consists of big sage­ 8:45 ajn.] over, and egress from all of said land for

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 No. 74r-5 5900 RULES AND REGULATIONS the purpose of exercising, enforcing, and land surveys, existing withdrawals which [ Public Land Order 3989] protecting the rights reserved herein. describe the lands by metes and bounds. [Wyoming 0318539] The United States, its officers, agents, Very little public land is returned to the employees and assigns, shall not be liable unreserved public domain by this order. WYOMING for any damage to the improvements or 4. Until 10 a.m. on July 11, 1966, the works of the county resulting from the State of Alaska shall have a preferred Powersite Restoration No. 642. construction, reconstruction, operation, right of application to select any lands Powersite Cancellation No. 233. or maintenance of any of the works released from withdrawal by this order, Partial Revocation of Powersite hereinabove enumerated. as provided by the act of July 28,1956 (70 Reserve No. 115 and Powersite Stat. 709; 48 U.S.C. 46-3b), and section H arry R. Anderson, 6g of the act of July 7, 1958 (72 Stat. Classification No. 345. Assistant Secretary of the Interior. 339). After that date and hour the lands By virtue of the authority vested in April 11, 1966. shall become subject to application, peti­ the President by section 1 of the act of [F.R. Doc. 66-4133; Filed, Apr. 15, 1966; tion, location and selection generally, June 25, 1910 (36 Stat. 847; 43 U.S.C. 8:45 a.m.] subject to valid existing rights, the pro­ 141), and pursuant to Executive Order visions of existing withdrawals, and the No. 10355 of May 26, 1952 (17 F.R. 4831), requirements of applicable law. All valid [Public Land Order 3987] and by virtue of the authority contained applications received at or prior to 10 in the act of March 3,1879 (20 Stat. 394; [Fairbanks 020832] a.m. on July 11, 1966, shall be considered 43 U.S.C. 31), and in 1950 Reorganiza­ as simultaneously filed at that time. ALASKA tion Plan No. 3 (64 Stat. 1262; 5 U.S.C. Those received thereafter shall be con­ 133z-15, Note), and in section 24 of the Withdrawing Land for Bureau of sidered in the order of filing. act of June 10, 1920 (41 Stat. 1075; 16 5. The released lands will be open to U.S.C. 818), as amended, and pursuant to Indian Affairs for School Purposes; applications and offers under the mineral Revoking Prior Withdrawals the determination of the Federal Power leasing laws, and to location under the Commission in DA-155-Wyoming, it is Wholly or in Part U.S. mining laws after 10 a.m. on July 11, ordered as follows: By virtue of the authority contained 1966. 1. The Executive Order of July 2,1910, in the act of May 31, 1938 (52 Stat. 593; Inquiries concerning the lands should creating Powersite Reserve No. 115, and 48 U.S.C. 353a), it is ordered as follows: be addressed to the Manager, Land Office, the departmental order of July 31, 1944, 1. Subject to valid existing rights, the Bureau of Land Management, Fairbanks, establishing Powersite Classification No. following described public lands which Alaska. 345, are hereby revoked so far as they H arry R. Anderson, affect the following described lands: are under the jurisdiction of the Secre­ Assistant Secretary of the Interior. tary of the Interior, are hereby with­ S ix t h P rincipal M eridian drawn from all forms of appropriation April 11,1966. under the public land laws, including [F.R. Doc. 66-4134; Filed, Apr. 15, 1966; T. 55 N., R. 94 W., the mining laws (30 U.S.C., Ch. 2), but 8:45 a.m.] Sec. 21, lot 9; not from leasing under the mineral leas­ Sec. 28, lots 1 and 4. ing laws, and reserved for school pur­ The areas described aggregate 79.78 poses: [Public Land Order 3988] acres in Big Horn County. a. Tanunak, [Sacramento 080160] The lands are situated along the Big Lot 2, U.S. Survey 4054. CALIFORNIA Horn River about 16 miles north of Grey- Containing 8.28 acres. bull, Wyo. Elevation is approximately b. Nunapitchuk, Lot 1, U.S. Survey 4049. Partial Revocation of Reclamation 3,600 feet. Vegetation consists princi­ Containing 3.30 acres. Withdrawal (Truckee-Carson Proj­ pally of saltbush assocation. c. Kasigluk, ect) 2. Until 10 a.m. on October 10, 1966, Lot 1, U.S. Survey 4048. the State of Wyoming shall have a pre­ Containing 2.79 acres. By virtue of the authority contained ferred right of application to select the d. Minto, in section 3 of the act of June 17, 1902 lands as provided by R.S. 2276, as amend­ U.S. Survey 4072. (32 Stat 388; 43 U.S.C. 416), as amended ed (43 U.S.C. 852>. After that time the Containing 10.89 acres. and supplemented, it is ordered as lands shall be open to operation of the e. Mekoryuk, U.S. Survey 4051. follows: public land laws generally, subject to Containing 5.56 acres. 1. The departmental order of June 24, valid existing rights, the provisions of f. Scammon Bay, 1912, which withdrew lands for reclama­ existing withdrawals and the require­ Lot 1, U.S. Survey 4099. tion purposes in connection with the ments of applicable law. All valid ap­ Containing 3.61 acres. Truckee-Carson Project, is hereby re­ plications received at or prior to 10 a.m. g. Rampart, voked so far as it affects the following on October 10, 1966, shall be considered Lot 2, U.S. Survey 3667. described national forest land in the El­ as simultaneously filed at that time. Containing 2.70 acres. dorado National Forest: Those received thereafter shall be con­ h. Stevens Village, M o u n t D iablo Meridian sidered in the order of filing. U.S. Survey 4035, The lands have been open to applica­ Containing 0.68 acre. T. 12 N., R. 18 E., Sec. 5, SyaSWVi. tions and offers under the mineral leas­ The areas described aggregate 41.77 ing laws, and to location under the U.S. acres. The area described contains 80 acres. mining laws. 2. Public Land Orders No. 1177 of 2. The lands have been withdrawn Inquiries concerning the lands should June 28, 1955; No. 1216 of September 13, Ifrom mineral entry for use as a public be addressed to the Manager, Land Office, 1955; No. 1814 of March 4, 1959, and ¡service site by Public Land Order No. Bureau of Land Management, Cheyenne, the Departmental Order of July 5, 3342 of March 2,1964. Wyo. 1955, withdrawing lands for school pur­ H arry R. Anderson, H arry R. Anderson, poses, are hereby revoked so far as they Assistant Secretary of the Interior. Assistant Secretary of the Interior. affect lands in the areas described in : paragraph 1 of this order, April 11, 1966. April 11, 1966. i \ 3. The primary objective of this order [FJR. Doc. 66-4135; Filed, Apr. 15, 1966; [F.R. Doc. 66-4136; Filed, Apr. 15, 1966; is to redescribe, In terms of the public 8:45 am .] 8:45 a.m.]

FEDERAL REGISTER, VOL. 3 1 , NO. 7 4 — SATURDAY, APRIL 16, 1 9 6 6 RULES AND REGULATIONS 5901

[Public Land Order 3990] The lands are situated in east-central [Public Land Order 3993] [Montana 071663] Otero County, N. Mex., 35 miles southeast [Fairbanks 035051] of Alamogordo. The terrain is rolling MONTANA to rough and the soils are shallow to ALASKA Partial Revocation of National Forest medium in depth and rocky in character. Partial Revocationjof Withdrawal for Vegetation consists of grama grasses Native School Administrative Site and Recreation with a scattered stand of pinon juniper. Area Withdrawals 2. At 10 a.m., on May 17, 1966, the By virtue of the authority vested in the By virtue of the authority vested in lands shall be opdh to operation of the Secretary of the Interior by the act of the President and pursuant to Executive public land laws generally, subject to May 31, 1938 (52 Stat. 593; 48 U.S.C. Order No. 10355 of May 26,1952 (17 F.R. valid existing rights, the provisions of 353a), it is Ordered as follows: 4831), it is ordered as follows: existing withdrawals, and the require­ 1. The Bureau of Land Management 1. The departmental orders of August ments of applicable law. All valid ap­ Order of July 5,1955, withdrawing lands 28, 1907,, and November 30, 1907, and plications received at or prior to 10 a.m., for school purposes, is hereby revoked so Public Land Order No. 2924 of January on May 17, 1966, shall be considered as far as it affects the following described simultaneously filed at that time. Those lands« 30, 1963, withdrawing national forest C h a n iliu t lands for administrative sites and recrea­ received thereafter shall be considered tion areas, are hereby revoked so far as in the order of filing. Beginning at a point on a slough from they affect the following described The lands have been open to applica­ which the southwest corner of the Alaska lands: tions and offers under the mineral leas­ Native Service School building bears-N. 57° ing laws, and to location under the U.S. E., 100 feet, N. 35° W., 80 feet in approximate M ontaka P rincipal M eridian mining laws. latitude 63°02' N., longitude 163°24' W.; thence: LOLO NATIONAL FOREST The State of New Mexico has waived N. 33° W., 500 feet; Packer Creek Administrative Site the preference right of application N. 57° E., 500 feet; granted to certain States by R.S. 2276, S. 33° E., 500 feet to a point on an un­ (Order of August 28, 1907) as amended (43 U.S.C. 852). named slough; T. 19 N., R. 31 W., Inquiries concerning the land shall be Southwesterly, 520 feet along the north Sec. 1, Sy2SEÎ4. addressed to the Chief, Division of Lands shore of the slough to the point of be­ ginning. Saltese Administrative Site and Minerals Program Management and Land Office, Santa Fe, N. Mex. (Order of November 30, 1907) The area described contains approxi­ I^arry R. Anderson, mately 5.70 acres. T. 19 N., R. 31 W., The lands are located about 50 miles Sec. 13, Si/aSE^NE^, N ^N E^SE^, Assistant Secretary of the Interior. Ni/2NWi SEi , and N^NE^SE^. southwesterly of Saint Michael, and are 4 4 April 11,1966. flat, soggy boglands. Frequent flooding HELENA NATIONAL FOREST [F.R. Doc. 66-4138; Filed, Apr. 15, 1966; prevents any vegetative growth other Cannon Recreation Area 8:45 a.m.] than mosses and marsh grasses. (Public Land Order No. 2924) 2. Until 10 a.m., on July 11, 1966, the [Public Land Order 3992] State of Alaska shall have a preferred T. 13 N., R. 8 W., right to select the lands subject to the Sec. 16, N i/2 S W % N W % S W %, and NW>/4 [Anchorage 048978] requirements and limitations of the act SE[4NW%SW}4. of July 28, 1956 (70 Stat. 709; 48 U.S.C. The areas described aggregate 167.5 ALASKA 46-3b), sections 6(b) and 6(g) of the acres in Lewis and Clark, and Mineral Revocation in Part of Public Land Alaska Statehood Act of July 7, 1958 (72 Counties. Order No. 2470 of August 28, 1961 Stat. 339), and the regulations in 43 CFR 2. At 10 a.m. on May 17,1966, the lands 2222.9. After that time the lands shall shall be open to such forms of disposition By virtue of the authority vested in the be open to operation of the public land as may by law be made of national forest President and pursuant to Executive Or­ laws generally, including the mining and lands. der No. 10355 of May 26, 1952 (17 F.R. mineral leasing laws, subject to valid H arry R. Anderson, 4831), it is ordered as follows: existing rights, the provisions of existing Assistant Secretary of the Interior. Public Land Order No. 2470 of August withdrawals and the requirements of ap­ 28,1961, so far as it withdrew the follow­ plicable law. All valid applications re­ April 11, 1966. ing described lands for the Department ceived at or prior to 10 a.m., on July 11, [F.R. Doc. 66-4137; Piled, Apr. 15, 1966; of the Army in connection with the 1966, shall be considered as simulta­ 8:45 a.m.] Kodiak, Alaska, Communications System neously filed at that time. Those re­ Receiver Site, is hereby revoked. ceived thereafter shall be considered in [Public Land Order 3991] the order of filing. C m o f K odiak Area [New Mexico 0559098] Inquiries concerning the lands should Beginning at Corner No. 1 of U.S. Survey be addressed to the Manager, Fairbanks NEW MEXICO No. 3467, thence by metes and bounds N. District and Land Office, Bureau of Land 66° 06' W., 7.348 chains along line 1-2 of U.S. Management, Fairbanks, Alaska. Revocation of Stock Driveway Survey No. 3467 to the point of beginning, Withdrawal thence: H arry R. Anderson, N. 66°06' W., 8.002 chains to a point; Assistant Secretary of the Interior. By virtue of the authority contained N. 26° 30' E., 20.370 chains to a point; in section 10 of the act of December 29, S. 89°23' E., 14.524 chains to a point of in­ April 11,1966. 1916 (39 Stat. 865; 43 U.S.C. 300), as tersection on line 11-12 of said survey; [F.R. Doc. 66-4140; Filed, Apr. 15, 1966; amended, it is ordered as follows: S. 23°54' W., 2.804 chains to a point; 8:45 a.m.] 1. The departmental order of Decem­ S. 43 °20' W., 22.092 chains to a point on line ber 9, 1918, creating Stock Driveway 1-2 of said survey and the point of Withdrawal No. 47 (New Mexico No. 5), beginning. [Public Land Order 3994] is hereby revoked so far as it affects the The area described contains 34.61 acres [Anchorage 064303] following described land: of nonpublic lands. New Mexico P rincipal Meridian ALASKA Harry R. Anderson, T. 20 S., R. 14 E., Assistant Secretary of the Interior. Sec. 7, lots 2, 3, S^NE%, and SE[4NW[4; Partial Revocation of Public Land Sec. 8, NE1/4NE&, and Sy2Ny2. April 11,1966. Order No. 2787 The areas described aggregate 396.78 [F.R. Doc. 66-4139; Filed, Apr. 15, 1966; By virtue of the authority vested in acres. 8:45 a.m.] the President, and pursuant to Executive

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 5902 RULES AND REGULATIONS Order No. 10355 of May 26, 1952 (17 No. 10355 of May 26, 1952 (17 F.R. 4831), The lands are situated around the F.R. 4831), it is ordered as follows: it is ordered as follows: northerly shore of Upper Fire Lake, about 1. Public Land Order No. 2787 of 1. The Executive Order of April 4, 20 road miles northeast of Anchorage. October 15, 1962, as amended by Public 1917 withdrawing a portion of the Most of the lands are level and support Land Order No. 2834 of December 4, following-described lands for electrical an immature growth of birch and spruce 1962, withdrawing public lands for use transmission lines, as Powersite Reserve reproduction. of the Department of the Army for the No. 589, is hereby revoked: 2. Until 10 a.m. on July 11, 1966, the storage of ammunition, is hereby revoked M ontana Meridian State of Alaska shall have a preferred so far as it affects the following described right to select the lands as provided by lands: T. 1 S., R. 10 W., the act of July 28, 1956 (70 Stat. 709; 48 Seward Meridian Sec. 14, NWi4NEi4, Ei/2NWy4, SWftNWft, NWftSWft; U.S.C. 46-3b), section 6(g) of the Alaska EKLTJTNA LAKE AREA Sec. 15, EftSEft, SWftSEft. Statehood Act of July 7, 1958 (72 Stat. 339), and the regulations in 43 CFR T. 16 N., R. 1 E., Aggregating about 16 acres in a 100- 2222.9. After that time the lands shall Sec. 26, W1/2 NW1/4 SW1/4 and NW&SW^ foot wide strip actually withdrawn. swy4; be open to the operation of the public Sec. 27, SW^SE&NE^, SE^SW ^NE^, 2. The Departmental Order of June 7, land laws generally, including the mining swi4Nwy4NWi4, sy2sw%, ne&s e&. 1929, classifying a portion of the follow­ laws, subject to valid existing rights, the and sy2 SE%; ing-described lands as Powersite Classi­ provisions of existing withdrawals, and Sec. 28, Sy2 NE%NE%, E^NW ^NE^, fication No. 231, is hereby canceled: the requirements of applicable law. All Ei/aWyaNW^NEyt, sy2NE%SW»,4, NW% M ontana Meridian valid applications received at or prior to sw&, Ny2sw%sw%, Ny2SE%sw%, 10 a.m. on July 11, 1966, shall be con­ SE%SE^SWi/4, sy2 Sy2 NW& SE ft * and T. 1 S., R. 10 W., SftSEft; ' Sec. 22, NWftNEft, EftNWft, SWft; sidered as simultaneously filed at that Sec. 33, NftNEftNEft; se c. 2 7 ,w y 2w y 2; time. Those received thereafter shall be Sec. 34, NftNEft, NftSW ftNEft, NWy4 Sec. 34, WftNWft, SWft. considered in the order of filing. SEftNEft, NEftNWft, NftNWftNWft, T. 2 S., R. 10 W., The lands have been open to applica­ and SEftNWftNWft. Sec. 3, lot 3, SEftNWft, Eft SWft; tions and offers under the mineral leas­ Sec. 10, SWftNEft, EftNWft, NWftSEft; ing laws. The areas described aggregate ap­ Sec. 15, NftNWft, SWftNWft; Inquiries concerning the lands should proximately 710 acres. , Sec. 16, SEftNEft, NEftSWft, SftSWft, be addressed to the Manager, Anchorage The lands are situated about 28 miles Ny2SEi/4 ; northeast of Anchorage, on the Eklutna Sec. 20, SEftNEft, SE ft SWft, NftSEft, District and Land OJfice, Bureau of Land Lake Road. SWftSEft; Management, Anchorage, Alaska. 2. Until 10 a.m. on July 11, 1966, the Sec.21,WftNWft; -Harry R. Anderson, Sec. 29, NWft, NWftSWft; State of Alaska shall have a preferred Sec. 30, NE ft SE ft , Sy2 SEft; Assistant Secretary of the Interior. right to select the lands as provided by Sec. 31, lots 3 and 4, NWftNEft. EftNWft, April 11,1966. the act of July 28, 1956 (70 Stat. 709; 48 NEftSWft. U. S.C. 46-3b), section 6(g) of the Alaska T. 2 S., R. 11 W„ [F.R. Doc. 66-4143; Filed, Apr. 15, 1966; Statehood Act of July 7, 1958 (72 Stat. Sec. 36, SEft SEft. 8:45 a.m.] 339), and the regulations in 43 CFR T. 3 S., R. 11 W., 2222.9. After that time the lands shall Sec. 1, NEft, SEftNWft, NftSWft, NWft be open to the operation of the public SEft; land laws generally, including the min­ Sec. 2, NftSEft. Title 45— PUBLIC WELFARE ing and mineral leasing laws, subject to The area withdrawn totals about 441 Chapter VIII— Civil Service valid existing rights, the provisions of acres in a 100-foot wide Strip for trans­ Commission existing withdrawals, and the require­ mission lines in the Beaverhead National ments of applicable law. All valid ap­ Forest. PART 801— VOTING RIGHTS plications received at or prior to 10 a.m. Harry R. Anderson, PROGRAM on July 11, 1966, shall be considered as Assistant Secretary of the Interior. simultaneously filed at that time. Those Appendix A April 11, 1966. received thereafter shall be considered in M ississippi the order of filing. [F.R. Doc. 66-4142; Filed, Apr. 15, 1966; Inquiries concerning the lands should 8:45 a.m.] Appendix A to Part 801 is amended as be addressed to the Manager, District set out below to show, under the heading and Land Office, Bureau of Land Man­ [Public Land Order 3996] “Dates, Times, and Places for Filing,” agement, Anchorage, Alaska. five additional places for filing in [Anchorage 049034] Mississippi: Harry R. Anderson, Assistant Secretary of the Interior. ALASKA M is s is s ip p i County; Place for filing; Beginning date. April 11,1966. Revocation of Public Land Order No. 3365 * * • * • [F.R. Doc. 66-4141; Filed, Apr. 15, 1966; 8:45 a.m.] Claiborne; Port Gibson—McFatters Drug By virtue of the authority vested in Store, 2d Floor, 618 Main Street; April 16, the President and pursuant to Executive 1966. Order No. 10355 of May 26, 1952 (17 F.R. Jasper; Bay Springs—trailer at New Post [Public Land Order 3995] 4831), it is ordered as follows: Office; April 16,1966. 1. Public Land Order No. 3365 of April Noxubee; Macon—Post Office Building, [Montana 066462] 7,1964, which withdrew the following de­ Basement, Room 1; April 16, 1966. Rankin; Brandon—Rankin Building, inter­ MONTANA scribed public lands for protection of public recreation values, is hereby re­ section of U.S. Highway 80 and State Highway 18; April 16,1966. Powersite Restoration No. 621, voked : Winston; Louisville—Post Office Building; Powersite Cancellation No. 212, S eward Meridian Basement, Room 6; April 16, 1966. Eliminating Lands From Water UPPER FIRE LAKE (Secs. 7 and 9 of the Voting Rights Act of Power Withdrawals T. 15 N., R .1 W , 1965; P.L. 89-110) By virtue of the authority contained Sec. 30, lots 87, 96, 97, 105, 107, 108, 109, U nited States Civil Serv­ in section 1 of the Act of June 25, 1910 and those portions of lots 88, 98, and ice Commission, (36 Stat. 847; 43 U.S.C. 141), and in the 104 lying between the boundary of lots [seal] Mary V. W enzel, 87, 105, and 107, and the centerline of Executive Assistant to Act of March 3, 1879 (20 Stat. 394; 43 the Glenn Highway. U.S.C. 31), and 1950 Reorganization Plan the Commissioners. No. 3 (64 Stat. 1262; 5 U.S.C. 133&-15, The areas described aggregate approxi­ [F.R. Doc. 66-4207; Filed, Apr. 15, 1966; note), and pursuant to Executive Order mately 14.2 acres. 8:48 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 RULES AND REGULATIONS 5903

98.03- 20(b) (1) and (4), and 98.03-25(c) emergency, it is hereby found necessary Title 46— SHIPPING shall be completed prior to January 1, to invoke the special provisions concern­ Chapter I— Coast Guard, Department 1968. Design proposals and schedules ing rule making in sections 170 and 391a, for conversion or modification shall be Title 46, U.S. Code and section 1003, Title of the Treasury submitted by the owners prior to July 1, 5, U.S. Code, and declare that compliance SUBCHAPTER I— CARGO AND MISCELLANEOUS 1966. Where it is determined that modi­ with those provisions respecting notice VESSELS fications are not feasible and the owner of proposed rule making, public hearings, [CGFR 66-20] states an intention to construct a public rule-making procedure thereon, replacement barge, or where complicat­ and effective date requirements described PART 98— SPECIAL CONSTRUCTION, ing circumstances arise and the owners in such laws is impracticable and con­ ARRANGEMENT, AND PROVISIONS make specific application for relief, the trary to the public interest. FOR CERTAIN DANGEROUS CAR­ existing barge may be retained in serv­ By virtue of the authority vested in me ice until replaced or modified but not as Commandant, U.S. Coast Guard, by GOES IN BULK later than June 30, 1968. In effect, the section 632, Title 14, U.S. Code, by Treas­ Subpart 98.03— Barges Carrying schedule will require owners to submit ury Department Order 120, dated July Dangerous Cargoes within 3 months, i.e., before July 1, 1966, 31, 1950 (15 FJt. 6521), to promulgate design proposals and conversion sched­ regulations to implement sections 170 Open Hopper T ype B arges T ransporting ules of existing barges required to be and 391a, Title 46 U.S. Code, the follow­ Chlorine in B ulk modified. An additional 18 months or ing regulations are prescribed and shall For a number of years the Coast Guard until January 1, 1968, is provided for become effective on date of publication has considered problems with respect to the completion of the conversion of such in the F ederal R egister and modifica­ the transportation of various dangerous barges. Where owners stating intent tion of barges shall be in accordance cargoes in bulk in open hopper type to replace such barges rather than to with the effective date in 46 CFR 98.03- barges. This study was started because convert them, the termination date for 5(c): of a number of marine casualties involv­ the use of such barges is extended an 1. Section 98.03-5 is amended by add­ ing open hopper type barges which sank additional 6 months or until June 30, ing a new paragraph (c) reading as as a result of swamping or diving. Ini­ 1968. follows: tial emergency operating requirements The changes and additions to 46 CFR § 98.03—5 Effective dates for certain Were placed .in effect on March 1, 1963, 98.03- 7, 98.03-20, and 98.03-25, as set requirements. as 46 CFR 98.03-10. Following this, and forth in this document revised the con­ struction requirements for existing open * * * * * in conjunction with the Chemical Trans­ (c) Barges constructed or converted portation Advisory Panel to the Mer­ hopper type barges transporting liquid chlorine in bulk, which should substan­ for the carriage of liquid chlorine in chant Marine Council, new hull construc­ bulk prior to July 1, 1964, and not meet­ tion requirements for barges were de­ tially improve the resistance of such barges to sinking by holing or swamping. ing the requirements for a Type I barge veloped and published effective^on July hull as defined by this subpart shall be 1, 1964. Generally, the revised require­ The change designated 46 CFR 98.03-7 regarding barge hull classification, pro­ modified to conform to the Type I re­ ments were directed towards improving quirements of §§ 98.03-15, 98.03-20, resistence to damage or sinking and vides a special classification for existing barges converted under alternate provi­ 98.03-25, and 98.03-30 prior to January barges constructed in accordance with 1,1968. Alternately, where such conver­ these requirements in 46 CFR 98.03 have sions in 46 CFR Subpart 98.03. The change to 46 CFR 98.03-15, regarding sion is not reasonable or practicable performed satisfactorily. In the estab­ and the barge is operated and marked lishment of requirements for new barge rakes and coamings, provides alternate requirements for conversion where mod­ in accordance with the provisions of hull construction an exemption per­ § 98.03-10 (b)(1) and (c), modification mitted existing barges to carry liquid ification to the bow rake is not feasible. The increased coaming requirements in conformance with the requirements chlorine in bulk. Recent casualties in­ of §§ 98.03-15(b) (1), 98.03-20(b) (1) volving open hopper type barges trans­ compensate for the reduced reserved buoyancy permitted by alternate subdi­ and (4) and 98.03-25 (c) shall be com­ porting liquid chlorine in bulk indicate pleted prior to January 1, 1968. Design a serious hazard to the public which vision requirements. The change to 46 CFR 98.03-20, regarding subdivision and proposals and schedules for conversion cannot be allowed to continue until such or modification shall be submitted by barges become unserviceable. After the stability, provides alternate requirements for conversion where full Type I require­ the owners prior to July 1, 1966. Where MTC 602 sank and was later successfully it is determined that modifications are recovered, the Coast Guard held informal ments cannot be attained. The reduced requirements are supplemented^- by the not feasible and the owners state an meetings with representatives of chlorine intention to construct a replacement barge owners or operators, the Chlorine operating requirements of § 98.03-10 (b) (1) and the coaming requirements of barge, or where complicating circum­ Institute, the Chemical Transportation stances arise and the owner makes spe­ Advisory Panel, and representatives of $ 98.03-15 (c). The change to 46 CFR 98.03- 25 regarding hull structure pro­ cific application for relief, the existing the Western Rivers Panel where the de­ barge may be retained in service until sired changes in the regulations were vides alternate requirements for dem­ onstrating adequacy of longitudinal replaced or modified but not later than considered. June 30,1968. The changes to 46 CFR 98.03-5, regard­ strength. Simplified calculations are ing effective dates for certain require­ accepted inasmuch as a grounding study 2. Section 98.03-7 is amended by add­ ments, remove the exemption from con­ is not considered necessary for tank ing a new paragraph (c) reading as struction requirements for c h l o r i n e saddle analysis. Although this require­ follows: barges built prior to July 1, 1964, and ment is not as severe as that of § 98.03- 25(b) (2) which would normally be ap­ § 98.03—7 Barge hull classifications. establish alternate and termination * ♦ ♦ * ♦ dates for conversion. Existing barges plied, it is considered adequate under constructed or converted prior to July the operating restriction of § 98.03-10 (c) Barge hulls modified under the 1, 1964, which do not already meet the (b )(1). alternate provisions of § 98.03-5 (c) shall requirements for a Type I barge hull The Coast Guard finds that there is be classified as Type I (Special). shall be modified to conform to the Type an urgent and immediate need for posi­ 3. Section 98.03-15 (b) is amended by I requirements of 46 CFR 98.03—15, tive action to require modification of adding a new subparagraph (1) reading 98.03-20, 98.03-25 and 98.03-30 prior to those chlorine barges built prior to July as follows: January 1, 1968. Alternately, where 1, 1964, which are not in full compliance such conversion is not reasonable or with Type I barge hull requirements in § 98.03—15 Rakes and coamings. practicable and the barge is operated and 46 CFR Subpart 98.03; and that it is * * * * * marked in accordance with the provi­ in the public interest to require changes (b) * * * sions of 46 CFR 98.03-10 (b) (1) and (c), so that the resistance of such barges to (1) All open hopper type barges modi­ modification in conformance with the sinking by holing or swamping will be fied under the alternate provisions of requirements of 46 CFR 98.03-15(b) (1) , further minimized. Because of this § 98.03-5(c) shall be provided with

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 5904 RULES AND REGULATIONS

3 6-inch minimum height coamings the moment in foot-pounds, W is the full lic sport fishing on the National Bison around the hopper. load displacement in short tons and L is Range, Mont., and Lake Woodruff and 4. Section 98.03-20(b) is amended by the overall length in feet. Cross Creeks National Wildlife Refuges, (R.S. 4405,. as amended, 4462, as amended, Florida and Tennessee respectively, as adding a new subparagraph (4) reading legislatively permitted. as follows: 4472, as amended; 46 U.S.C. 375, 416, 170. Interpret or apply R.S. 4417a, as amended, Interested persons were given 30 days § 98.03—20 Subdivision and stability. 4488, as amended, sec. 3, 68 Stat. 675; \46 in which to submit written comments, * * * * * U.S.C. 391a, 481, 50 U.S.C. 198; E. O. 11239, suggestions, or objections with respect (b) Types I and II barge hulls. * * * July 31, 1965, 30 F.R. 9671, 3 CFR, 1965 Supp. to the proposed amendments. No com­ Treasury Department Orders 120, July 31, ments, suggestions, or objections have (4) Barge hulls modified under the 1950, 15 F.R. 6521; 167-14, Nov. 26, 1954, 19 alternate provisions of § 98.03-5 (c) shall F.R. 8026; 167-38, Oct. 26, 1959, 24 F.R. 8857) been received. The proposed amend­ retain positive buoyancy and stability ments are hereby adopted without after holing the side shell plating any­ Dated: April 12, 1966. change. where in way of a transverse watertight [seal] E. J. Roland, Since these amendments benefit the bulkhead, or after holing the four feet Admiral, U.S. Coast Guard, public by relieving existing restrictions of bottom shell plating immediately in­ Commandant. on sport fishing, they shall become effec­ board of the side anywhere in way of a tive upon publication in the F ederal [F.R. Doc. 66-4171; Filed, Apr. 15, 1966; R egister. transverse watertight bulkhead, or after 8:46 a.m.] holing the remaining inboard bottom 1. Section 33.4 is amended by the shell' plating anywhere not in way of a addition of the following areas as those transverse watertight bulkhead. An in­ where sport fishing is authorized: ner bottom shall be provided from the Title 50— WILDLIFE AND § 33.4 List of open areas; sport fishing. bow rake bulkhead to the bow rake tan- * * * * • gency line where the tangency line is aft of the bulkhead. Where bow type rakes FISHERIES F lorida are provided at each end of the barge, Chapter I— Bureau of Sport Fisheries LAKE WOODRUFF NATIONAL WILDLIFE REFUGE each end shall be similarly considered. and Wildlife, Fish and Wildlife ***** 5. Section 98.03-25 is amended by add­ Service, Department of the Interior Montana ing a new paragraph (c) reading as fol­ NATIONAL BISON RANGE lows: SUBCHAPTER C— THE NATIONAL WILDLIFE REFUGE SYSTEM ***** § 98.03-25 Hull structure. T en n essee * * * * * PART 33— SPORT FISHING CROSS CREEKS NATIONAL WILDLIFE REFUGE (c) Type I special barge hull. Barge Lake Woodruff National Wildlife * # * * * hulls modified under the alternate pro­ Refuge, Fla., et al. (Sec. 10, 45 Stat. 1222; 16 U.S.C. 715; and visions of § 98.03-5 (c) shall have suffi­ sec. 4, 48 Stat. 402; 16 U.S.C. 664) cient longitudinal strength, to limit the On page 3402 of the F ederal R egister maximum hull bending stress to 50 per­ A bram V. T unison, of March 4, 1966, and on page 3466 of Acting Director, Bureau of cent of the minimum ultimate tensile the F ederal R egister of March 5, 1966, strength or 70 percent of the yield there were published notices of proposed Sport Fisheries and Wildlife. strength of the material, whichever is amendments to § 33.4 of Title 50, Code April 13,1966. greater, under an assumed bending mo­ of Federal Regulations. The purpose of [F.R. Doc. 66-4197; Filed, Apr. 15, 1966; ment (M) equal to 75 WL; where M is these amendments is to provide for pub­ 8:48 a.m,]

FEDERAL REGISTER, VOL. 3 1 , NO. 7 4 — SATURDAY, APRIL 16, 1 9 6 6 I

5905 Proposed Rule Making

dark red color covers 50 percent or more public inspection at the office of the DEPARTMENT OF AGRICULTURE of the kernel shall be considered as ‘corn Hearing Clerk during regular business Consumer and Marketing Service of other colors.’ hours (7 CFR 1.27(b)). Consideration § 26.905 Interpretation with respect to will be given to the written data, views, [ 7 CFR Part 26 1 the term ‘white kernels of corn with or arguments so received by the Hearing Clerk and to other information available GRAIN STANDARDS FOR CORN a slight tinge of light straw or pink color.’ to the U.S. Department of Agriculture before a final interpretation is issued. Notice of Proposed Rule Making The term ‘white kernels of corn with a Statement of considerations. Under slight tinge of light straw or pink color’ Done in Washington, D.C., this 13th the Official Grain Standards of the when used in the Official Grain Stand­ day of April 1966. United States for Com (7 CFR §§ 26.151- ards of the United States for Corn (see G. R. Grange, 26.153), "yellow kernels of com with a § 26.151(d)) shall be construed to in­ Deputy Administrator, slight tinge of red” are considered as yel­ clude kernels which are white and/or Marketing Services. low com, and "white kernels of com with light straw or light pink in color, and [F.R. Doc. 66—4173; Filed, Apr. 15, 1966; a slight tinge of light straw or pink kernels which are white and pink in color 8:48 a.m.] color” are considered as white com. provided the pink color covers less than In recent years yellow corn with red 50 percent of the kernel. White and pink [9 CFR Part 318 1 pigmented stripes has appeared in com­ » kernels in which the pink color covers mercial lots in various midwestern grain 50 percent or more of the kernel shall be MEAT INSPECTION markets. When the stripes were dis­ considered as ‘corn of other colors.’ tinct and were on the side and over the Under the proposed interpretations, Approval of Substances for Use in crown of the kernels, the kernels were persons who wish to buy com with not Preparation of Meat Food Products considered to be "corn of other colors.” more than a certain percentage of kernels A similar striped condition is reported to with stripes would be able to obtain, Notice is hereby given in accordance occur in white corn. When com of upon request, certificates of grade show­ with section 4 of the Administrative “other colors” is present in yellow corn ing the percentage of kernels with stripes. Procedure Act (5 U.S.C. 1003) that the in quantities of more than 5 percent, and Because of the interest in the grading Department of Agriculture pursuant to when present in white corn in quantities of yellow corn with red stripes, oppor­ the authority conferred by the Meat In­ of more than 2 percent, the corn is tunity is hereby afforded interested spection Act, as amended and extended graded “mixed cpm.” The occurrence of parties to submit written data, views, or (21 U.S.C. 71-91, 96) and section 306 of yellow corn with red stripes has become arguments with respect to the proposed the Tariff Act of 1930, as amended (19 more pronounced in recent months and interpretations to the Hearing Clerk, U.S.C. 1306) proposes to amend § 318.7 in one or more markets is now one of the U.S. Department of Agriculture, Wash­ (b) (4) of the Meat Inspection Regula­ morè important factors in grading the ington, D.C., 20250. All written sub­ tions (9 CFR 318.7(b) (4)) as follows: corn. missions should be in duplicate and (1) In that portion of the chart in Corn specialists indicate that the should be received by the Hearing Clerk subparagraph (4) dealing with cooling stripes are caused by a virus; are not not later than 30 days after this notice is and retort water treatment agents the known to be related-to the quality of published in the F ederal R egister. All following information would be inserted the corn; and are not considered to be written submissions made pursuant to in the appropriate columns in alphabeti­ a genetic characteristic. Com merchan­ this notice will be made available for cal order. disers indicate that the stripes are con­ sidered to be an appearance factor only Class of substance Substance Purpose Products Amount and are not considered objectionable by the end users. Accordingly, it is ques­ Citric acid To prevent staining Various______Sufficient for purpose. tioned whether the corn with the stripes on exterior of canned goods, should be considered "corn of other Disodium-calcium do ...... ____do...... Do. colors” under the Standards. ethylenedi- Pursuant to section 8 of the United amine tetraacetate. Disodium ethylene- ___.do...... ____do...... Do. States Grain Standards Act, as amended diaminetetra- (7 U.S.C. 84), the following interpreta­ acetate. Ethylene diaminete- ...... do...... Do. tions of the Official Grain Standards of traacetic acid. the United States for Com are proposed Sodium gluconate... . do ...... Do. Sodium nitrite. To inhibit corrosion ------do 600 ppm. for consideration and comment: (The sodium ni- on exterior of trite must be canned goods. § 26.904 Interpretation with respect to decharacterized the term ‘yellow kernels of corn with with 0.05% pow­ dered charcoal. a slight tinge o f red / Bulk decharac­ terized sodium The term ‘yellow kernels of corn with nitrite when in a slight tinge of red’ when used in the cook room shall Official Grain Standards of the United be held in locked metal bin or con­ States for Corn (see § 26.151(c)) shall tainer conspic­ be construed to include kernels which uously labeled “Decharacterized are yellow and/or light red in color, and sodium nitrite— kernels which are yellow and dark red To be used by authorized per­ in color provided the dark red color sonnel only,") covers less than 50 percent of the kernel. Yellow and dark red kernels in which the

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 5906 PROPOSED RULE MAKING (2) The information showrrbelow would be inserted in the appropriate columns term ‘concentrated fruit’ means a con­ in alphabetical order in that portion of the chart dealing with denuding agents. centrate made from the properly pre­ pared edible portion of mature, fresh or Class of substance Substance Purpose Products Amount frozen fruits by the removal of moisture with or without the use of heat or Sodium gluconate... Sufficient for purpose. vacuum, but not to the point of drying, membrane. and is identified to show the weight of the properly prepared fresh fruit used (3) The following information would be inserted in appropriate columns in alpha­ to produce any given quantity of j>uch betical order in that portion of the chart dealing with hog scald agents. concentrate.”

Class of substance Substance Purpose Products Amount

Sufficient for purpose. FEDERAL AVIATION AGENCY ethylenediamine- tetraacetate. [ 14 CFR Part 151 1 Disodium ethylene- ____do______Do. diaminetetraace- [Docket No. 7194; Notice No. 66—5A] tate. Disodium phos­ Do. REVIEW OF MISCELLANEOUS ELIGI­ phate. Ethylenediamine- Do. BILITY CRITERIA AND PROGRAM­ tetraacetic acid. Propylene glycol___ Do. ING STANDARDS Soap (prepared by Do. reaction of cal­ Extension of Comment Period cium, potassium -, or sodium with The Federal Aviation Agency proposed rosin or fatty acids of natural in Notice 68-5, Review of Miscellaneous fats and oils.) Eligibility Criteria and Programing Sodium acid pyro­ Do. phosphate. Standards, published in the F ederal Sodium pyrophos­ ____do______Do. R egister on March 17, 1966 (31 F.R. phate. 4523) to add, revise, and clarify certain eligibility criteria and programing (4) The term “Lime” now appearingpursuant to this notice will be made standards for obtaining Federal financial in the chart in the list of substances with available, for public inspection at such assistance for airport development under respect to denuding agents and hog scald times and places and in a manner con­ the Federal-aid Airport Program. The agents would be qualified so as to venient to the public business (7 CFR notice stated that consideration would read “Lime (calcium oxide, calcium 1.27(b)). be given to all comments received on or hydroxide) *% Done at Washington, D.C., this 13th before April 18,1966. Statement of considerations. The day of April 1966. The Airport Operators Council (AOC), purposes of the proposed amendments of on behalf of its members, has requested the regulations are to permit the use R. K. S omers, an extension of the time to comment on of the substances shown above in items Deputy Administrator, the proposed regulatory action. This (1), (2), and (3), under the stated con­ Consumer and Marketing Service. organization, which has a substantive in­ ditions in the processing of the specified [F.R. Doc. 66-4174; Filed Apr. 15, 1966; terest in tiie purposed rule, advised the products at federally inspected estab­ 8:48 a.m.] Agency that it will hold its 1966 Spring lishments, and to clarify certain provi­ Conference between April 19 and 21,1966, sions of the regulations with respect to that the proposals contained in Notice the chemical identity of lime. Authoriz­ 66-5 would be an important agenda item, ing use of these additional substances DEPARTMENT OF HEALTH, EDUCA­ and that it needs an additional 14 days to would afford the processors a greater prepare and submit its comments. choice of substances demonstrated to TION, AND WELFARE I find that the petitioner has shown a be effective for the operations indicated Food and Drug Administration substantive interest in the proposed rule and would also facilitate production of and good cause exists for the extension better or more acceptable products at [21 CFR Part 29 ] and that the extension is consistent with reduced cost. All substances listed are the public interest. known to be safe for the purposes indi­ FRUIT PRESERVES AND JAMS Therefore, pursuant to the authority cated when used in accordance with Notice of Proposal To Permit Op­ delegated to me by the Administrator good commercial practices. tional Use of Concentrated Fruit (14 CFR 11.45), the time within which Any person who wishes to submit comments on Notice 68-5 will be received written data, views or arguments con­ Ingredients is extended to May 2,1966. cerning the proposed amendments may Correction do so by filing them, in duplicate, with Issued in Washington, D.C., on April the Hearing Clerk, U.S. Department of In F.R. Doc. 66-3858 appearing at page 14,1966. Agriculture, Washington, D.C., 20250, 5638 in the issue for Saturday, April 9, Chester G. B owers, within 60 days after the date of publi­ 1966, the word “property” in § 29.3 (e) (7) Deputy Director, Airports Service. cation of this notice in the F ederal is corrected so that the first sentence of [F.R. Doc. 66—4210, Filed, Apr. 15, 1966; R egister. All written submissions made that material reads as follows: “(7) The 8:48 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 5907 Notices

sel operators already operating in that from the Republic of the Philippines of DEPARTMENT OF THE INTERIOR fishery must submit such evidence in the following additional commodity: Fish and Wildlife Service writing to the Director, Bureau of Com­ Hair, human, raw and processed (wigs, mercial Fisheries, within 30 days from etc.). the date of publication of this notice. REGIONAL DIRECTORS AND FIELD [seal] Margaret W. S chwartz, PERSONNEL If such evidence is received it, will be evaluated along with such other evi­ Director, Office of Foreign Assets Control. Delegations of Authority dence as may be available before making a determination that the contemplated [FJt. Doc. 66-4211; Filed, Apr. 15, 1966; Chapter 4, Part 4 of the Administra­ operations of the vessel will or will not 8:48 a.m.] tive Manual of the Bureau of Sport cause such economic hardship or injury. Fisheries and Wildlife is amended to H. E. Crowther, Office of the Secretary delegate additional authority to regional Acting Director, [Antidumping AC 643.3-G] directors by deleting the existing restric­ Bureau of Commercial Fisheries. tion which precluded approval of WHOLE FROZEN EGGS FROM proposals for non-conforming (non­ April 13,1966. UNITED KINGDOM program) use. [FU. Doc. 66-4156; Filed, Apr. 15, 1966; Section 4 AM 4.9C is revised to read as ~«:46 a.m.] Notice of Intent To Discontinue In­ follows: vestigation and To Make Determi­ 4.9 Wildlife matters. * * * nation That No Sales Exist Below C. Development and management of Fair Value national wildlife refuges and game DEPARTMENT OF THE TREASURY r a n g e s This authority does not include: Information was received on March 11, Bureau of Customs 1966, that whole frozen eggs imported (1) Final approval of proposals for from the United Kingdom were being acquisition of lands for wildlife refuge [Antidumping AC 643.3-G] purposes and the naming of refuges. sold at less than fair value within the (2) Approval of agreements between WHOLE FROZEN EGGS FROM meaning of the Antidumping Act, 1921, the Bureau and other Federal or State UNITED KINGDOM as amended. This information was the agencies involving the Bureau’s vested subject of an “Antidumping Proceeding Withholding of Appraisement Notice Notice” which was published pursuant to rights in the title or dedication of the § 14.0(d), Customs regulations, in the lands and waters of wildlife refuge areas. April 12,1966. Federal Register of March 29, 1966. (3) Issuance of permits for archaeo­ On March 30, 1966, a “Withholding of On March 24, 1966, the Commissioner logical investigations. Appraisement” notice was published in of Customs issued a withholding of ap­ (4) Approval of the annual disposal the F ederal Register, volume 31, No. 61, praisement notice with respect to such program for surplus “range animals.” page 5148, with regard to whole frozen (5) Approval, pursuant to 50 CFR 32.1 merchandise which was published in the eggs from the United Kingdom. F ederal Register dated March 30, 1966. and 33.1, of the opening of refuge areas The available information was insuffi­ The merchandise is used primarily in to public hunting and fishing. cient to state the appropriate basis of commercial baking. (6) Approval of master plans, soil and comparison with foreign market value. Promptly after the commencement of moisture conservation plans and hunting Information now discloses that pur­ the antidumping investigation, assur­ and fishing management plans. chase price is the appropriate basis of ance was given in compliance with the Abram V. T unison, comparison for fair value purposes. provisions of § 14.7(b) (9) of the Customs Acting Director. This supplementary notice is published regulations that shipments to the United April 12, 1966. pursuant to § 14.6(e) of the Customs States of the merchandise other than regulations (19 CFR 14.6(e) ). those afloat or loaded would be termi­ [F.R. Doc. 66-4125; Filed, Apr. 15, 1966; 8:45 a.m.] [seal] Lester D. Johnson, nated immediately and will not be Commissioner of Customs. resumed at less than fair value within the meaning of section 201(a) of the [Docket No. A-384] [F.R. Doc. 66-4151; Filed, Apr. 15, 1966; Antidumping Act, 1921, as amended, 8:45 a.m.] regardless of the determination in this DAVID V. HALL case. Notice of Loan Application Office of Foreign Assets Control In view of the foregoing it appears that there are not, and are not likely to David V. Hall, Post Office Box 161, IMPORTATION OF CERTAIN MER­ be, sales below fair value of whole frozen Petersburg, Alaska, 99833, has applied CHANDISE DIRECTLY FROM THE eggs from the United Kingdom within for a loan from the Fisheries Loan Fund REPUBLIC OF THE PHILIPPINES the meaning of the Antidumping Act, to aid in financing the purchase of a 1921, as amended, and the regulations used 45.5-foot registered length wood Available Certifications by the Gov­ issued thereunder. vessel to engage in the fishery for salmon ernment of the Republic of the Unless persuasive evidence or argu­ and halibut. Philippines ment to the contrary is presented within Notice is hereby given pursuant to the 30 days, a determination will be made provisions of'Public Law 89-85 and Fish­ Notice is hereby given that certificates that there are not, and are not likely to eries Loan Fund Procedures (50 CFR of origin issued by the Department of be, sales below fair value. Part 250, as revised August 11, 1965), Finance (Bureau of Customs) of the This notice is published pursuant to that the above entitled application is Government of the Republic of the Phil­ § 14.7(b) (9) of the Customs regulations being considered by the Bureau of Com­ ippines under procedures agreed upon be­ (19 CFR 14.7(b) (9)). mercial Fisheries, Fish and Wildlife Serv­ tween that Government and the Office of [seal] True Davis, j ice, Department of the Interior, Wash­ Foreign Assets Control in connection Assistant Secretary of the Treasury. ington, D.C., 20240. Any person desiring with the Foreign Assets Control Regula­ to submit evidence that the contemplated tions are now available with respect to April 13,1966. operation of such vessel will cause eco­ the importation into the United States [F.R. Doc. 66-4169; Filed, Apr. 15, 1966; nomic hardship or injury to efficient ves­ directly, or on a through bill of lading, 8:47 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 No. 74—6 5908 NOTICES

The amendment relieves certain re­ The agreement would embrace within DEPARTMENT OF AGRICULTURE strictions of the Black Stem Rust Quar­ IATA the normal fares between Okinawa antine and should be made effective and Taipei that have been applied during Agricultural Research Service promptly to be of maximum benefit to the open-fare situation that has existed [P.P.C. 641, Amdt.] persons subject to the restrictions which within Traffic Conference 3. are being relieved, and the correction in­ The Board, acting pursuant to sec­ BLACK STEM RUST volves a nonsubstantive change. Ac­ tions 102, 204(a), and 412 of the Act, cordingly, it is found upon good cause does not find IATA Resolution 300 (Mail Addition to and Correction of List under section 4 of the Administrative 209) 053 and 300 (Mail 209) 063, which of Establishments Procedure Act (5 U.S.C. 1003) that notice are incorporated in Agreement CAB and other public procedure with respect 18765, to be adverse to the public in­ 1. Pursuant to § 301.38-6(a) (2) and to this action are impracticable and con­ terest or in violation of the Act. (3) of the regulations supplemental to trary to the public interest, and good Accordingly, it is ordered, That: the black stem rust quarantine (Notice of cause is found for making such action Agreement CAB 18765 be approved. Quarantine No. 38, 7 CFR 301.38), un­ effective less than 30 days after publica­ Any air carrier party to the agreement, der sections 8 and 9 of the Plant Quar­ tion in the Federal Register. or any interested persons, may, within antine Act of 1912, as amended, and 15 days from the date of service of this section 106 of the Federal Plant Pest Act Done at Hyattsville, Md., this 13th day order, submit statements in writing con­ (7 U.S.C. 161, 162, 150ee), the list of of April 1966. taining reasons deemed appropriate, to­ specifically approved establishments eli­ [seal] E. D. Burgess, gether with supporting data, in support gible to ship rust-resistant Berberis, Ma- Director, of or in opposition to the Board’s action hoberberis, and Mahonia plants inter­ Plant Pest Control Division. herein. An original and nineteen copies state (30 F.R. 16021-16027) in accord­ [F.R. Doc. 66-4175; FUed, Apr. 15, 1966; of the statements should be filed with ance with the regulations is hereby 8:48 a.m.] the Board’s Docket Section. The Board amended by adding the following estab­ may, upon consideration of any such lishments thereto: statements filed, modify or rescind its Establishment or dealer, address Office of the Secretary action herein by subsequent order. ***** GREAT PLAINS CONSERVATION This order will be published in the CONNECTICUT PROGRAM F ederal Register. Hoyt’s Sons Co., Inc., Stephen, 529 Carter Applicability to Certain Counties in By the Civil Aeronautics Board. Street, New Canaan. Oklahoma [seal] Harold R. Sanderson, ***** Designation of counties within the Secretary. MASSACHUSETTS Great Plains area of the 10 Great Plains [F.R. Doc. 66-4157; FUed, Apr. 15, 1966; Hunting Hills, Federal Street, Montague States where the Great Plains Conserva­ 8:46 a.m.] 01351. tion Program is specifically applicable. For the purpose of making contracts [Docket No. 17063; Order E-23514] * * * * * based upon an approved plan of farming AKRON-CANTON REGIONAL RHODE ISLAND operations pursuant to the Act of Au­ AIRPORT AUTHORITY Van Hof Nurseries, 54 Bristol Ferry Road, gust 7, 1956 (70 Stat. 1115, 16 U.S.C. 590p Portsmouth. (b)), as amended, the following coun­ Order To Show Cause for Redesignat­ ties in the following State are designated ***** as susceptible to serious wind erosion by ing Certificated Point GENERAL reason of their soil types, terrain, and Adopted by the Civil Aeronautics climatic and other factors. Board at its Office in Washington, D.C., All establishments operated in the conter­ minous United States by Sears, Roebuck Oklahom a on the 12th day of April 1966. & Co., and by Montgomery Ward & Co. Alfalfa. Canadian. On March 7, 1966, the Akron-Canton Regional Airport Authority (the Author­ 2. FJR. Doc. 65-13708, published on Done at Washington, D.C., this 13th ity) filed a petition with the Board pur­ pages 16021-16027 in the Federal Regis­ day of April 1966. suant to section 401(g) of the Federal ter dated December 23,1965, is corrected John A. Baker, Aviation Act of 1958, as amended (the by changing the third establishment Assistant Secretary. Act), requesting that the Board amend listed under Massachusetts, “Day State [FH. Doc. 66-4149; Filed, Apr. 15, 1966; the certificates of Eastern Air Lines, Inc. Nursery, Box 155, Halifax,” to read “Bay 8:45 a.m.] (for route 6), and United Air Lines, Inc. State Nursery, Box 155, Halifax.” (for routes 1 and 14), so as to redesignate (Sec. 9, 37 Stat. 318, sec. 106, 71 Stat. 33; the certificated point Akron, Ohio, as 7 U.S.C. 162, 150ee. Interprets or applies sec. CIVIL AERONAUTICS BOARD Akron-Canton, Ohio.1 8, 37 Stat. 318, as amended; 7 U.S.C. 161; 29 In support thereof, the Authority al­ FU. 16210, as amended, 30 F.R. 5801, 31 F.R. [Docket No. 15353; Order E-23513] leges that it is the duly authorized op­ 3350; 30 F.R. 5799, as amended; 7 CFR 301.38) INTERNATIONAL AIR TRANSPORT erator of the Akron-Canton Airport; that ASSOCIATION the airport was designed and built to The foregoing amendment and correc­ serve, and does in fact serve jointly the tion shall become effective April 16,1966. Order Relating to Fare and Rate cities of Akron and Canton; that it is The amendment adds certain nurseries Matters customary for carriers of all types, in­ and dealers to the list of specifically ap­ cluding Eastern and United, to designate proved establishments eligible to ship Adopted by the Civil Aeronautics accurately and correctly the points rust-resistant Berberis, Mahoberberis, Board at its Office in Washington, D.C., served; that the named carriers operate and Mahonia in accordance with the reg­ on the 12th day of April 1966. under route certificates and tariff sched­ ulations in 7 CFR Part 301, Subpart- An agreement has been filed with the ules which reflect service to Akron only, Black Stem Rust, as such nurseries and Board, pursuant to section 412(a) of the when in fact for some years past they dealers have fulfilled the requirements of Federal Aviation Act of 1958 (the Act) have been providing service to both § 301.38-6(a) (2) and (3) of the regula­ and Part 261 of the Board’s Economic Akron and Canton through the Akron- tions (7 CFR 301.38-6(a) (2) and (3) ), Regulations, between various air carriers, Canton Airport; and that this practice and the Director of the Plant Pest Con­ foreign air carriers, and other carriers, trol Division has determined that such embodied in the resolutions of Traffic works a hardship upon air travelers seek- nurseries and dealers are growing only Conference 3 of the International Air 1 The Authority’s request that the carriers’ rust-resistant Berberis, Mahoberberis, Transport Association (IATA), and respective tariffs and flight schedules be and Mahonia plants listed in § 301.38-5a adopted by mail vote. The agreement amended to reflect the redesignation should (7 CFR 301.38-5a). The change in such has been assigned the above designated be implemented by carrier action if the ten­ list corrects an inadvertent spelling error. CAB Agreement number. tative action taken herein is made final. FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 NOTICES 5909 in,g service to Canton because extensive 3. That any interested persons having above-entitled proceeding now assigned checking is necessary by agents of the objection to the issuance of an order to be held April 25, 1966, is postponed to air. carriers before the ticketing process making final the proposed findings, con­ April 26,1966, at 10 a.m., e.d.s.t„ in Room can be completed and, therefore, is a det­ clusions and certificate amendments set 1027, Universal Building, 1825 Connec­ riment to the City of Canton. forth herein shall, within 15 days of ticut Avenue NW., Washington, D.C. No answers to the petition have been service of a copy of this order, file with the Board and serve upon all persons Dated at Washington, D.C., April 13, filed to date. 1966. The Board has decided to institute a made parties to this proceeding a state­ proceeding under section 401(g) of the ment of objections, such statement to [seal] J ames S. K eith, Act to determine whether it is in the conform to the Board’s rules of practice Hearing Examiner. public interest to amend Eastern’s cer­ in economic proceedings,® 4. That, if timely objections are filed, [F.R. Doc. 66-4160; Filed, Apr. 15, 1966; tificate of public convenience and neces­ 8:46 a.m.] sity for route 6, and United’s certificates further consideration will be accorded for routes 1 and 14, respectively, so as the matters and issues raised by the ob­ to redesignate the present point Akron jections before further action is taken as Akron-Canton. by the Board; FEDERAL MARITIME COMMISSION Because of the geographic relation of 5. That, in the event no objections are filed, all further procedural steps will be [Docket No. 66-24] Canton, Akron and the Akron-Canton deemed to have been waived and the case airport, service to the latter is actually will be submitted to the Board for final SEA-LAND SERVICE, INC. service to both cities. Thus, it is obvious action; and that the airport serves passengers to and Increased Rates in Alaska Trade on from Canton and surrounding areas as 6. That copies of this order shall be well as Akron.2 The area so served is des­ served upon the. following persons who Commodities Requiring Tempera­ are hereby made parties to this proceed­ ture Control ignated as Akron-Canton in the existing ing: Eastern Air Lines, Inc., United Air certificates of United for route 51, and Lines, Inc., The Akron-Canton Regional It appearing, that there have been Lake Central Airlines, Inc., for route 88. Airport Authority, The City of Akron, filed with the Federal Maritime Commis­ Hence, the requested redesignation would Ohio, The City of Canton, Ohio, the Ohio sion by Sea-Land Service, Inc., 1st not only reflect more accurately the serv­ Department of Commerce, Division of Revised Pages 48-A, 48-B, and 48-C to ice which actually is being provided, but Aviation, and the Postmaster General .Tariff FMC-F No. 5 naming increased would conform all of the authorizations of the United States. rates on commodities requiring tempera­ of the three carriers presently providing ture control from, to and/or between service at such point in respect to cer­ This order will be published in the U.S. Pacific coast ports and Anchorage, tificate designation. Such redesignation F ederal R egister. Alaska, to become effective April 13, would permit the carriers to show Can­ By the Civil Aeronautics Board. 1966; ton in their advertising, flight schedules, It further appearing, that upon con­ and tariff filings with resulting adminis­ [ seal] H arold R. S anderson, Secretary. sideration of the said schedules, there trative convenience and other benefits to is reason to believe that the increased both the carriers and the traveling [F.R. Doc. 66-4158; Filed, Apr. 15, 1966; rates, if permitted to become effective public. 8:46 a.m.] would result in rates, charges, classifica­ Upon consideration of the foregoing, tions, regulations, tariffs or practices the Board tentatively finds and concludes [Docket No. 15619] which would be unjust, unreasonable, or that the public convenience and neces­ otherwise unlawful in violation of the sity require that the certificates held by LAWRENCEVILLE, ILL./ Shipping Act, 1916, or the Intercoastal Eastern for route 6 and United for routes VINCENNES, IND. Shipping Act, 1933; 1 and 14 be amended so as to redesignate Notice of Prehearing Conference It further appearing, that, the Com­ the present point Akron as Akron- mission is of the opinion that the said Canton. Notice is hereby given that a prehear­ increased rates should be made the sub­ Accordingly, it is ordered: ing conference in the above-entitled ject of a public investigation and hear­ 1. That a proceeding be and it hereby matter is assigned to be held on May 3, ing to determine whether they are unjust, 1966, at 10 a.m., e.d.s.t., in Room 1027, unreasonable, or otherwise unlawful is instituted in Docket 17063 pursuant to Universal Building, Connecticut and under the Shipping Act, 1916, or the section 401(g) of the Act, to determine Florida Avenues NW., Washington, D.C., Intercoastai Shipping Act, 1933; whether the public convenience and ne­ before Examiner Barron Fredricks. It further appearing, that the effec­ cessity require, and the Board should Dated at Washington, D.C., April 11, tive date of the rate increases should order, the amendment of the certificates 1966. be suspended pending such investigation; of public convenience and necessity held Now, therefore, it is ordered, That pur­ [seal] F rancis W. B rown, suant to sections 18(a) and 22 of the bjf Eastern for route 6 and United for Chief Examiner. Shipping Act, 1916, and section 3 of the routes 1 and 14 so as to redesignate the [F.R. Doc. 66—4159; Filed, Apr. 15, 1966; Intercoastai Shipping Act, 1933, an in­ present point Akron, Ohio, as Akron- 8:46 a.m.] vestigation be, and it is hereby, instituted Canton, Ohio; into and concerning the lawfulness of 2. That all interested parties are di­ [Docket No. 13577, etc.] the aforementioned tariff matter with a rected to show cause why the Board view to making such findings and orders REOPENED TRANSATLANTIC ROUTE in the premises as the facts and circum­ should not issue an order making final RENEWAL CASE stances shall warrant; the tentative findings and conclusions It is further ordered, That all increased stated herein and issue at an appropriate Notice of Postponement of Hearing rates prefixed with the “diamond” symbol time to Eastern an amended certificate Notice is hereby given, pursuant to the published in Column A on the afore­ of public convenience and necessity for provisions of the Federal Aviation Act of mentioned revised pages be and they are 1958, as amended, that hearing in the hereby suspended and that the use there­ route 6 and to United amended certifi­ of be deferred to and including August cates of public convenience and necessity 12, 1966, unless otherwise authorized by for routes 1 and 14, redesignating the 8 No petition, for reconsideration of this the Commission, and that the rates, fares, present point, Akron, as Akron-Canton; order will be entertained. All requests for relief from, or modification of, this order charges, rules, regulations and/or prac­ shall be submitted with such objections as tices heretofore in effect on 3d Revised 2 The Akron-Canton Airport is located 12may be made to the Issuance of an order Page 47 and Original Page 48, FMC-F miles south of Akron and 10 miles north of making final the proposed findings, conclu­ No. 5, and which were to be changed by Canton and is reached from both cities via sions and certificate amendments set forth the suspended matter shall remain in a modern, four-lane, limited access highway. herein. effect during the period of suspension;

FEDERAL REGISTER, VOL. 31, NO. 74—-SATURDAY, APRIL 16, 1966 5910 NOTICES

It is further ordered, That no change agents) notified the Commission that the (2) show cause in writing or request shall be made in the matter hereby sus­ surety bond filed pursuant to section a hearing to be held at 10 a.m., on April pended nor the matter which is con­ 44(c), Shipping Act, 1916 (46 U.S.C. 25, 1966, in Room 505, Federal Mari­ tinued in effect as a result of such sus­ 841b) by James G. Marti, doing business time Commission, 1321 H Street NW., pension until the period of suspension as Crescent Forwarding Service, 527 Washington, D.C., 20573, to show cause has expired, or until this investigation Canal Street, New Orleans, La., 70130, why its license should not be suspended and suspension proceeding has been dis­ would be canceled effective 12:01 a.m., or revoked pursuant to section 44(d), posed of whichever first occurs, unless April 28, 1966. Shipping Act, 1916. otherwise authorized by the Commission; Section 44(c) of the Shipping Act, It is further ordered, That the Di­ It is further ordered, That there shall 1916 (46 U.S.C. 841b) and § 510.5(f) of rector, Bureau of Domestic Regulation be filed immediately with the Commis­ General Order 4 (46 CFR) provide that forthwith revoke license No. 746 if the sion by Sea-Land Service, Inc., a con­ no license shall remain in force unless licensee fails to comply with this order. secutively numbered supplement to the such forwarder shall have furnished a It is further ordered, That a copy of aforesaid tariff, which supplement shall bond. this order to show cause and all subse­ bear no effective date, shall reproduce Section 44(d) of the Shipping Act, quent orders in this matter be served the portion of this order wherein the sus­ 1916 (46 U.S.C. 841b) provides that upon the licensee and published in the pended matter is described, and shall licenses may, after notice and hearing, F ederal R egister. state that the aforesaid rates are sus­ be suspended or revoked for wilful failure [seal] F rancis C. Hurney, pended and may not be used until the to comply with any provision of the Act, Special Assistant to the Secretary. 13th day of August 1966, unless otherwise or with any lawful rule of the Commis­ authorized by the Commission; and that sion promulgated thereunder. [F.R. Doc. 66-4163; Filed, Apr. 15, 1966; the rate and charges heretofore in ef­ Therefore, it is ordered, That James 8:46 a.m.] fect, and which were to be changed by G. Marti, doing business as Crescent the suspended matter shall remain in Forwarding Service, on or before April [Docket No. 66-21] effect during the period of suspension, 21, 1966, either (1) submit a valid bond and neither the matter suspended, nor effective on or before April 28, 1966, or CONTINENTAL NORTH ATLANTIC the matter which is continued in effect (2) show cause in writing or request a WESTBOUND FREIGHT CONFERENCE as a result of such suspension, may be hearing to be held at 10 a.m., on April changed until the period of suspension 26, 1966, in Room 505, Federal Maritime Order to Show Cause Why Agreement has expired or until this investigation Commission, 1321 H Street NW., Wash­ Should Not Be Disapproved and suspension proceeding has been dis­ ington, D.C., 20573, to show cause why posed of, whichever first occurs, unless his license should not be suspended or Agreement 8210, originally approved otherwise authorized by the Commis­ revoked pursuant to section 44(d), Ship­ November 9, 1953, between the member sion; ping Act, 1916. lines of the Continental North Atlantic It is further ordered, That copies of It is further ordered, That the Di­ Westbound Freight Conference, covers this order shall be filed with the said rector, Bureau of Domestic Regulation the trade from or via ports of Germany, tariff schedule in the Bureau of Domestic forthwith revoke license No. 313 if the The Netherlands, and Belgium in the Regulation of the Federal Maritime licensee fails to comply with this order. range between Hamburg and boundary Commission; It is further ordered, That a copy of lines of Belgium and France to U.S. It is further ordered, That (I) the this order to show cause and all sub­ North Atlantic Ports in the Hampton investigation herein ordered be assigned sequent orders in this matter be served Roads/Portland, Maine, range. for public hearing by the Chief Ex­ upon the licensee and be published in Section 15 of the Shipping Act, 1916, aminer, before an examiner of the Com­ the F ederal R egister. reads, in pertinent part, as follows: mission’s Office of Hearing Exam iners, [seal] F rancis C. H urney, The Commission shall disapprove any such at a date and place to be announced; Special Assistant to the Secretary. agreement, after notice and hearing, on a (II) Sea-Land Service, Inc., be, and it finding of inadequate policing of the obli­ is hereby made respondent in this pro­ [F.R. Doc. 66-4162; Filed, Apr. 15, 1966; gations under it * * *. ceeding; (HI) a copy of this order shall 8:46 a.m.] forthwith be served upon said respond­ General Order 7 (46 CFR Part 528) ent; (IV) the said respondent be duly was adopted to implement- section 15, as [Independent Ocean Freight Forwarder amended by Public Law 87-346, 75 Stat. notified of the time and place of the License 746] hearing herein ordered; and (V) this 763-4, effective October 3, 1961. In this order and notice of the said hearing be F. V. VALDES & CO., INC. connection the order states that: published in the F ederal R egister. Order To Show Cause * * * The Commission shall disapprove an All persons (including individuals, agreement thereunder if, after notice and corporations, associations, firms, part­ On March 28, 1966, Fireman’s Fund hearing, it finds inadequate policing of the nerships, and public bodies) having an Insurance Co., notified the Commission obligations of the agreement. This amend­ that the surety bond filed pursuant to ment makes it necessary that provision for interest in this proceeding and desiring self-policing be included in certain section to intervene therein, should notify the section 44(c), Shipping Act, 1916 (46 15 agreements and that the Commission be Secretary of the Commission promptly U.S.C. 841b) by F. V. Valdes & Co., Inc., informed of the manner in which such pro­ and file petitions for leave to intervene 607 Market Street, San Francisco, Calif., vision is being carried out. The requirements in accordance with Rule 5(1) (46 CFR would be canceled effective 12:01 a.m., set forth below are to aid the Commission in 502.72). April 27,1966. determining the existence and adequacy of Section 44(c) of the Shipping Act, 1916 self-policing systems, in accordance with the By the Commission, April 12, 1966. (46 U.S.C. 841b) and § 510.5(f) of Gen­ statutory objective. eral Order 4 (46 CFR) provide that no Section 528.2 General requirements; sec­ [seal] F rancis C. H urney, tion 15 agreements. Special Assistant to the Secretary. license shall remain in force unless such Conference agreements and other rate­ [F.R. Doc. 66-4161; Filed, Apr. 15, 1966; forwarder shall have furnished a bond. fixing agreements between common carriers 8:46 a.m.] Section 44(d) of the Shipping Act, by water in the foreign and domestic off­ 1916 (46 U.S.C. 841b) provides that shore commerce of the United States, whether licenses may, after notice and hearing, or not previously approved, shall contain a [Independent Ocean Freight Forwarder be suspended or revoked for wilful fail­ provision describing the method or system License 313] ure to comply with any provision of the used by the parties in policing the obliga­ Act, or with any lawful rule of the Com­ tions under the agreement, including the CRESCENT FORWARDING SERVICE procedure for handling complaints and the mission promulgated thereunder. functions and authority of every person hav­ Order To Show Cause Therefore, it is ordered, That F. V. ing responsibUity for administering the sys­ Valdes & Co., Inc., on or before April 20, tem. In the case of agreements previously On March 28, 1966, New Hampshire 1966, either (1) submit a valid bond ef­ approved under section 15 which do not meet Insurance Co. (Eimicke & Loren, Inc., fective on or before March 26, 1966, or these requirements, the parties shall file for

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 NOTICES 5911 approval an amendment which complies with terms and conditions for admission and re­ December 31, 1964 (Attachment 3 1), the the requirements * * *. admission to conference membership of Conference Secretary referred to min­ Section 528.3 Reporting requirements. qualified carriers according to the require­ utes of the meeting held on June 2 and 3, Twice each year, once during the month of ments set forth in paragraph (a) of this 1964. Resolution No. 5 therein reads: January and once during the month of Jülÿ, section. there shall be filed with the Commission by Section 523.2 Provisions of conference Part 523—Admission, Withdrawal and Ex­ the conferences and carriers subject to these agreements. pulsion Provisions of Steamship Conference rules, or by any person to whom they have In effectuation of the policy set forth in Agreements. Discussed—does not call for delegated the self-policing authority, a re­ § 523.1,. conference agreements, whether in further action. port showing the nature of each complaint effect on October 3, 1961, or initiated after received during the preceding 6-month pe­ that date, shall contain provisions substan­ The Conference Secretary was advised riod; the action taken on the complaint or tially as follows: by letter of January 25, 1965 (Attach­ on the volition of any person responsible for (a) Any common carrier by water which ment 41), of the specific changes in policing; and with respect to violations has been regularly engaged as a cornmon carrier in tES'-fcrade covered by this agree­ Articles 9, 10, and 13 of Agreement 8210, found, the nature thereof and the penalty or as amended, which would be necessary othêr sanction imposed. The names of the ment, or who furnishes evidence of ability parties involved in complaints or in action and intention in good faith to institute and to effect compliance with General Order taken on the volition of the person respon­ maintain such a common carrier service be­ 9. No response has been received to this sible for policing may be omitted from these tween ports within the scope of this agree­ letter, and no action has been taken on reports. ment, and who evidences an ability and this matter by the Conference. intention in good faith to abide by all the The approved agreement of the mem­ The basic agreement, as approved lay terms and conditions of this agreement, may bers of the Continental North Atlantic the'Federal Maritime Board on Novem­ hereafter become a party to this agreement by affixing its signature thereto. Westbound Freight Conference does not ber 9, 1953, contains a self-policing pro­ comport with that provision of section vision which conforms with the require­ N o t e : The above Provision will not pre­ clude the conference from imposing legiti­ 15 of the Shipping Act, 1916, in the fol­ ments outlined in § 528.2 above. mate conditions on membership, including lowing respects:, On May 5, 1965 a form letter was ad­ but not necessarily limited to, the payment (a) There is no provision that every dressed to those conferences and ratefix­ of an admission fee, payment of any out­ application for membership shall be ing agreements, including the subject standing financial obligations arising from acted upon promptly (§ 523.2(b)). conference (Attachment 1l), which had prior membership, or the posting of a secu­ rity bond or deposit. All such conditions (b) “Just and reasonable cause” is not not filed self-policing reports due in adequate criteria for denial of admission January 1965, covering the period from must be made expressed terms of the con­ ference agreement, filed with and approved to membership and does not meet the July through December 1964. Therein it by the Commission pursuant to section 15 requirements of General Order 9 (§ 523.2 was pointed o"ut that such reports must of the Shipping Act, 1916. (c)). be filed in January and July of each year (b) Every application for membership (c) There is no provision for “prompt” to cover the 6-month period preceding shall be acted upon promptly. notification to the Commission of the the reports and should be filed even (c) No carrier which has complied with admission of new members (§ 523.2(d)). though there was no activity to report. the conditions set forth in paragraph (a) (d) There is no provision to promptly It was also indicated continued noncom­ of this section shall be denied admission or readmission to membership. furnish advice of denial of admission to pliance with the lawful requirements of (d) Prompt notice of admission to mem­ membership, together with a statement the Commission could not be tolerated, bership shall be furnished to the Federal of the reasons therefor, to the Commis­ and if a report, or a statement of an Maritime Commission and no admission sion (§ 523.2(e)). early date by which such a report might shall be effective prior to the postmark date (e) There is no provision for expul­ be expected, was not received within 15 of such notice. sion for failure to abide by all tho.terms days of the date of the letter, there would (e) Advice of any denial of admission to and conditions of the agreement (§ 523.2 be no alternative but to recommend ap­ membership, together with a statement of the reasons therefor, shall be fur­ (h )). propriate action to the Commission. No nished promptly to the Federal Maritime (f) The agreement fails to provide reply has been received to our letter of Commission. that no expulsion shall become effective May 5,1965, and no action has been taken (f) Any party may withdraw from the until a detailed statement setting forth on this matter by the Conference. conference without penalty, by giving at the reason or reasons therefor has been Section 15 of the Shipping Act, 1916, least 30 days’ written notice of intention to furnished the expelled member and a also reads, in pertinent part, as follows: withdraw to the conference: Provided, however, That action taken by the confer­ copy of such notification submitted to No such agreement shaU be approved, nor ence to compel the payment of outstanding the Commission (§523.2(1)). shall continued approval be permitted * * * financial obligations by the resigning mem­ The sections referred to are those in in respect to any conference agreement, ber shall not be construed as a penalty for the Commission’s General Order No. 9 which fails to provide reasonable and equal withdrawal. terms and conditions for admission and re­ (46 CFR Part 523), et seq. (g) Notice of withdrawal of any party Section 15 of the Shipping Act, 1916, admission to conference membership of other shall be furnished promptly to the Federal qualified carriers in the trade, or fails to Maritime Commission. also provides, in pertinent part, that: provide that any member may withdraw from (h) No party may be expelled against its The Commission shall disapprove any such membership upon reasonable notice without will from this conference except for failure agreement, after notice and hearing, on a penalty for such withdrawal. to maintain a common carrier service be­ finding * * * of failure or refusal to adopt General Order No. 9 was adopted to tween the ports- within the scope of this and maintain reasonable procedures for agreement (said failure to be determined promptly and fairly hearing and consider­ implement section 2 of Public Law 87- according to the minimum sailing require­ ing shippers’ requests and complaints. 346, effective October 3, 1961. In this ments set forth in this agreement) or for connection the order states that: failure to abide by all the terms and condi­ General Order 14 was adopted to im­ * * * no conference agreement shall be tions of this agreement. plement section 2 of Public Law 87-346, approved, nor shall continued approval be (i) No expulsion shall become effective effective October 3, 1961. The General permitted for any agreement, which fails to until a detailed statement setting forth the Order provides, in pertinent part as provide reasonable and equal terms and con­ reason or reasons therefor has been fur­ follows: ditions for admission and readmission to nished the expelled member and a copy of conference membership of other qualified such notification submitted to the Federal Section 527.3 Filing of procedures. carriers in the trade, or fails to provide that Maritime Commission. Within 60 days from the effective date of any member may withdraw from membership these rules, each ratemaking group operat­ upon reasonable notice without penalty for On November 6, 1964, the Commission ing under an approved, section 15 agreement such withdrawal. dispatched a letter to the Conference shall file with the Commission a statement (b) It is the responsibility of the Federal Secretary (Attachment 2*), advising the outlining in complete detail its procedures Maritime Commission under the Shipping Conference of the requirements of for the disposition of shippers’ requests and Act, 1916, to determine that all conference § 523.10 of General Order 9 that all complaints. In January of each year there­ agreements contain reasonable and equal after, each of the above shall file a report existing conference agreements be modi­ covering all changes made in these proce­ fied to comply with General Order 9 and dures during the past year, and, in the event 1 Attachments 1, 2, 3, 4, and 6 filed as part filed with the Commission by July 20, the procedures have continued unchanged, of original document. 1964. In her response thereto, dated the report shaU so state.

FEDERAL REGISTER, VOL. 31, NO. 74— SATURDAY, APRIL 16, 1966 5912 NOTICES

Section 527.4 Reports. of section 15 of the Shipping Act, 1916, and places listed hereunder in the matter By January 31, April 30, July 31, and Oc­ and the Conference’s failure to comply of the feasibility and economic advan­ tober 31 of each year, each conference and with the Commission’s General Order each other body with ratefixing authority tages of improving or developing a water­ under an approved agreement shall file with 9, issued April 21, 1964, the Commission’s way from the St. Lawrence River in the Commission a report covering all ship­ General Order 7, issued July 30, 1963, Canada through Lake Champlain to the pers’ requests and complaints received dur­ and the Commission’s General Order 14, Hudson River at Albany in the United ing the preceding calendar quarter or issued June 8, 1965. This proceeding States. pending at the beginning of such calendar shall be limited to the submission of On July 5, 1962, the Governments of quarter. The first such report shall be filed affidavits and memoranda and oral argu­ Canada and the United States specifi­ by October 31, 1965. All such reports shall ment. The affidavits of fact and mem­ include the following information for each cally requested the Commission: request or complaint: oranda of law shall be filed by respond­ (i) To exariiine into and report (a) Date request or complaint was re­ ents no later than close of business May whether it would be feasible and eco­ ceived. 23, 1966, replies thereto shall be filed nomically advantageous to improve the (b) Identity of the person or firm sub­ by Hearing Counsel and interveners, if existing waterway from Sorel on the mitting the request or complaint. any, no later than close of business June St. Lawrence River to the Hudson River (c) Nature of request or complaint; i.e., 6, 1966. An original and 15 copies of at Albany and, if so, to what governing rate reduction, rate establishment, classifi­ affidavits of fact, memoranda of law, and dimensions; cation, overcharge, undercharge, measure­ replies to be filed with the Secretary, ment, etc.

charges of currently effective rate sched­ prescribed if within 20 days from the Date Time Place ules for sales of natural gas under Com­ date of the issuance of this order Re­ (a.m.) mission jurisdictiort, as set forth in Ap­ spondents shall each execute and file pendix A hereof. under its above-designated docket num­ 17 May 1966 10:00 Council Chamber, City Hall, St Jean, Province of The proposed changed rates and ber with the Secretary of the Commis­ Quebec. charges may be unjust, unreasonable, sion its agreement and undertaking to 18 May 1966 10:00 City Hall Auditorium, Burlington, Vt. unduly discriminatory, or preferential, comply with the refunding and report­ or otherwise unlawful. ing procedure required by the Natural The Commission finds: It is in the Gas Act and § 154.102 of the regulations William A. Bullard, public interest and consistent with the thereunder, accompanied by a certifi­ Secretary, United States Section, Natural Gas Act that the Commission cate showing service of copies thereof International Joint Commission. enter upon hearings regarding the law­ upon all purchasers under the rate D. G. Chance, fulness of the proposed changes, and that schedule involved. Unless Respondents Secretary, Canadian Section, the supplements herein be suspended and are advised to the contrary within 15 International Joint Commission. their use be deferred as ordered below. days after the filing of their respective The Commission orders : agreements and undertakings, such April 12, 1966. (A) Under the Natural Gas Act, par­ agreements and undertakings shall be [F.R. Doc. 66-4144; Filed, Apr. 15, 1966; ticularly sections 4 and 15, the regula­ deemed to have been accepted. 8:45 a.m.] tions pertaining thereto (18 CPR Ch. I), (C) Until otherwise ordered by tjie and the Commission’s rules of practice Commission, neither the suspended sup­ and procedure, public hearings shall be plements, nor the rate schedules sought held concerning, the lawfulness of the to be altered, shall be changed until dis­ FEDERAL POWER COMMISSION proposed changes. position of these proceedings or expira­ [Docket No. RI66-335, etc.] (B) Pending hearings and decisions tion of the suspension period. (D) Notices of intervention or peti­ ASHLAND OIL & REFINING CO. ET AL. thereon, the rate supplements herein are suspended and their use deferred tions to intervene may be filed with the until date shown in the “Date Suspended Federal Power Commission, Washing­ Order Providing for Hearing on and ton, D.C., 20426, in accordance with the Suspension of Proposed Changes Until” column, and thereafter until made effective as prescribed by the Nat­ rules of practice and procedure (18 CFR in Rates, Effective Subject to Re­ ural Gas Act: Provided, however, That 1.8 and i .37 (f) ) on or before May 25, fund 1 the supplements to the rate schedules 1966. April 8, 1966. filed by Respondent^, as set forth herein, By the Commission. The Respondents named herein have shall become effective subject to refund [seal] J oseph H. Gutride, filed proposed changes in rates and on the date and in the manner herein Secretary.

A ppendix A

Rate Sup­ Amount Effective Date Cents per Mcf Rate in Docket sched­ ple­ of Date date sus­ effect No. Respondent ule ment Purchaser and producing area - —■annual filing unless pended subject No. No. increase tendered sus­ until— Rate in Proposed in­ to refund pended effect creased rate in docket Nos.

RI66-335— Ashland Oil & Re- 117 4 Phillips Petroleum Co. (Hugo- $38,319 3-14-66 »4-14-66 4 4-15-66 7 »1» 8.6871 » » 7 8 811.7526 fining Co., Post Of- ton Field, Sherman County, fice Box 1503, Tex.) (R.R. District No. Houston, Tex., 10).» 77001...... do...... 118 3 Phillips Petroleum Co. (Hugo- 3,872 3-14-66 »4-14-66 4 4-15-66 748 » 8.0399 8 »7 8 « 11.0182 ton Field, Hansford County, Tex.) (R.R. District No. 10).» RI66-336... Chiles Drilling Co. 1 1 Almos Gas Gathering Co. 600 3-17-66 »6- 1-66 <6-2-66 11.0 » 1» 12.0 (Operator), et al., (Linke Field, Bee County, Post Office Box 531, Tex.) (R.R. District No. Alice, Tex., 78332. a);»*

2 Phillips resells the gas under its FPC Gas Rate Schedule No. 4 to Michigan 8 Based on 162.27 percent of a base rate of 7.1463 cents less 0.4466 cent for sour gas Wisconsin Pipe Line Co. at a present effective rate of 15.22 cents plus applicable if applicable (162.27 percent = Phillips’ present rate of 15.22 cents divided by Phillips’ tax reimbursement which was made effective subject to refund in Docket No. RI65- related base rate of 9.3796 cents times 100). 526 on Dec. 10, 1965. 18 Based on 143 percent of a base fate of 5.9940 cents less 0.4466 cent for sour gas if * The stated effective date is the effective date requested by Respondent. applicable (143 percent = JPhillips’ last clean rate of 10.858 cents divided by Phillips’ * The suspension period is limited to 1 day. related base rate of 7.593 cents times 100). * Revenue-sharing rate increase. 11 Sour gas (rate includes 0.1071 cent tax reimbursement before increase and 0.1468 8 Pressure base is 14.65 p.s.i.a. cent after increase). 7 Subject to a downward B.t.u. adjustment. 12 Almos resells the gas to United Gas Pipe Line Co. at a rate of 13.4196 cents under 8 Sweet gas (rate includes 0.1157 cent tax reimbursement before increase and 0.1565 its FPC Gas Rate Schedule No. 1. cent tax reimbursement after increase). 18 Periodic rate increase.-

Ashland Oil & Refining Co. (Ashland) pro­ increased rate ceiling of 11.0 cents per Mcf 12.0-cent rates, to United Gas Pipe Line Co., poses revenue-sharing rate increases for well­ for the area involved. ' The sales involved pursuant to Almos’ FPC Gas Rate Schedule head sales of gas to Phillips Petroleum Co. are for nonpipeline quality gas. We consider No. 1 at a rate of 13.4194 cents per Mcf. A (Phillips) from the Hugoton Field, Sherman the increased rate ceiling to be applicable periodic increase to 14.25 cents plus tax re­ and Hansford Counties, Tex. (R.R. District at the outlet of the processing plant which imbursement will be contractually due under No. 10). Plflllips gathers the gas, processes is the point of delivery to the pipeline com­ Almos’ rate schedule on June 1, 1967, a sus- it in its Sherman Gasoline Plant and resells pany. Under the circumstances, we believe pendable rate under current Commission the residue gas to Michigan Wisconsin Pipe that Ashland’s rate increases should be sus­ Policy as exceeding the area increased cell­ Line Co. under its FPC Gas Rate Schedule pended for 1 day from April 14, 1966, the ing. Since the 14.0 cents per Mcf increased No. 4 at a rate of 15.22 cents per Mcf, plus proposed effective date, as hereinbefore rate ceiling in Texas Railroad District No. 2 tax reimbursement, which is in effect subject ordered. announced in the Commission’s Statement of to refund in Docket No. RI65-625. Ashland’s Chiles Drilling Co. (Operator), et aL General Policy No. 61-1, as amended, is appli­ proposed revenue-sharing increases are based (Chiles) proposes a periodic rate increase cable to the resale rate of Almos, we conclude on Phillips’ 15.22-cent resale rate. The pro­ from 11.0 cents to 12.0 cents per Mcf for gas that Chiles’ proposed increased rate should posed rates also exceed the applicable area sold to Almos Gas Gathering Co. (Almos). be suspended for 1 day from June 1, 1966, the Almos gathers and resells the gas, together proposed effective date. 1 Does not consolidate for hearing or dis­ with gas which it purchases from other [F.R. Doc. 66-4074; Filed, Apr. 15, 1966; pose of the several matters herein. producers in the area at initial 11.0-cent and 8:45 a.m.]

FEDERAL REGISTER, VOL. 3 1 , NO. 7 4 — SATURDAY, APRIL 16, 1 9 6 6 5914 NOTICES

[Docket No. OS66-4, etc.] At a hearing held on April 7,1966, the plications pending in Docket Nos. CI62- Commission on its own motion received 336, CI64-732, CI65-911, CI66-135, and BOGLE FARMS, INC., ET AL. and made a part of the record in this CI66-616 should be dismissed as moot; Findings and Order After Statutory proceeding all evidence, including the ap­ and that the proceedings pending in Hearing plications and exhibits thereto, sub­ Docket .Nos. RI60-147 and RI60-179 mitted in support of the authorizations should be terminated. April 8, 1966. sought herein, and upon consideration The Commission orders: Each Applicant herein has filed an of the record, (A) Small producer certificates of application pursuant to section 7(c) of The Commission finds: public convenience and necessity are the Natural Gas Act and § 157.40 of the (1) Each Applicant herein is a “nat­ issued upon the terms and conditions of regulations thereunder for a small pro­ ural-gas company” within the meaning this order authorizing the sale for resale ducer certificate of public convenience of the Natural Gas Act as heretofore and delivery of natural gas in interstate and necessity authorizing the sale for found by the Commission or will be commerce by Applicants from the resale and delivery of natural gas in in­ engaged in the sale of natural gas in Permian Basin area of Texas and New terstate commerce from the Permian interstate commerce for resale for ulti­ Mexico, together with the construction Basin area of .Texas and New Mexico, all mate public consumption, subject to the and operation of any facilities subject as more fully set forth in the applications. jurisdiction of the Commission, and will, to the jurisdiction of the Commission All Applicants, except in Docket No. therefore, be a “natural-gas company!^ necessary therefor, all as hereinbefore CS66-39, have heretofore been author­ within the meaning of the Natural Gas described and as more fully described in ized to sell natural gas from the Permian Act upon commencement of service the. appendix hereto and in the appli­ Basin area. Therefore, the small pro­ under the authorization hereinafter cations in this proceeding. ducer certificates issued to them shall be granted. (B) The certificates granted in para­ effective on the date of this order. The (2) The sales of natural gas herein­ graph (A) above are not transferable small producer certificate issued in before described, as more fully described and shall be effective only so long as Docket No. CS66-39 shall be effective on in the applications herein and in the Applicants continue the acts or oper­ the date of initial delivery. appendix hereto, will be made in inter­ ations hereby authorized in accordance Applicants’ presently effective certifi­ state commerce subject to the jurisdic­ with the provisions of the Natural Gas cates and FPC gas rate schedules for tion of the Commission, and such sales Act and .the applicable rules, regulations sales from the Permian Basin area to be by Applicants, together with the con­ and orders of the Commission, and continued under small producer certifi­ struction and operation of any facilities particularly, cates are listed in the appendix hereto. subject to the jurisdiction of the Com­ (a) The subject certificates shall be The certificates will be terminated and mission necessary therefor, are subject applicable only to all previous and all the rate schedules will be canceled. to the requirements of subsections (c) future “small producer sales,” as defined Sam D. Ares, Applicant in Docket No. and (e) of section 7 of the Natural Gas in § 157.40(a) (3) of the regulations under CS66-46, proposes to continue the sale of Act. the Natural Gas Act, from the Permian natural gas heretofore authorized in (3) Applicants are able and willing Basin area, Docket No. CI62-285 and made pursuant properly to do the acts and to perform (b) Sales shall not be at rates in excess to A. F. Roberts, Jr. (Operator), et al., the service proposed and to conform to of those set forth in § 157.40(b) (1) of FPC Gas Rate Schedule No. 1. The cer­ the provisions of the Natural Gras Act the regulations under the Natural Gas tificate hereinafter issued in Docket No. and the requirements, rules and regula­ Act, and CS66-46 shall be construed to include tions of the Commission thereunder. (c) Applicants shall file annual state­ said sale. (4) Applicants are or will be independ­ ments pursuant to § 154.104 of the regu­ Applicant in Docket No. CS66-37 is ent producers of natural gas who are lations under the Natural Gas Act. presently authorized to sell natural gas not affiliated with natural gas pipeline (C) The certificates granted in para­ from the Permian Basin area pursuant companies and whose total jurisdictional graph (A) above shall remain in effect to temporary certificates'issued in Dock­ sales on a nationwide basis, together for small producer sales until the Com­ et Nos. CI62-336 and CI64-732, and Ap­ with sales of affiliated producers, were mission on its own motion or on applica­ plicants in Docket Nos. CS66-44, CS66- not in excess of 10,000,000 Mcf at 14.65 tion terminates said certificates because 46, and CS66-57 are presently authorized p.s.i.a. during the preceding calendar Applicants no longer qualify as small to sell natural gas from the Permian year. producers or fail to comply with the Basin area pursuant to temporary cer­ (5) The sales of natural gas by Appli­ requirements of the Natural Gas Act, the tificates heretofore issued in Docket Nos. cants, together with the construction regulations thereunder, or the terms of CI66-616, CI66-135, and CI65-911 re­ and operation of any facilities subject the certificates. Upon such termination spectively. The applications in Docket to the jurisdiction of the Commission Applicants will be required to file sepa­ Nos. CI62-336, CI64-732, and CI65-911 necessary therefor, are required by the rate certificate applications and indi­ are consolidated with the proceeding on public convenience and necessity, and vidual rate schedules for future sales. the Order to Show Cause issued August 5, small producer certificates of public To the extent compliance with the terms 1965, in Docket No. AR61-1, et al. The convenience and necessity therefor and conditions of this order is observed, applications will be severed from said should be issued as hereinafter ordered the small producer certificates will still proceeding, all of the temporary certifi­ and conditioned. be effective as to those sales already cates will be canceled and the applica­ (6) It is necessary and "appropriate in included thereunder. tions pending in said dockets will be carrying out the provisions of the (D) The grant of the certificates is­ dismissed as moot. Natural Gas Act that the certificates sued in paragraph (A) above shall not Applicant in Docket No. CS66-23 has heretofore issued to Applicants for sales be construed as a waiver of the require­ heretofore filed increases in rate which of natural gas from the Permian Basin, ments of section 7 of the Natural Gas were suspended in Docket Nos. RI60—147 which sales will be continued under the Act or Part 157 of the Commission’s reg­ and RI60-179 and have not been made small producer certificates issued here­ ulations thereunder, and is without effective. Docket Nos. RI60-147 and inafter, should be terminated, and the prejudice to any findings or orders which RI60-179 were consolidated with the related FPC gas, rate schedules should have been or may hereafter be made by original proceeding in Docket No. AR61- be canceled. the Commission in any proceeding now 1, et al. Inasmuch as the increases have (7) It is necessary and appropriate pending or hereafter instituted by or not been made effective, proceedings in in carrying out the provisions of the against the respective Applicants. Fur­ Docket Nos. RI6Q-147 and RI60-179 will Natural Gas Act that the proceedings ther, our action in this proceeding shall be terminated. pending in Docket Nos. CI62-336, CI64- not foreclose nor prejudice any future After due notice no notice of inter­ 732, and CI65-911 should be severed proceedings or objections relating to the vention, petition to intervene or protest from the proceeding on the Order to operation of any price or related provi­ to the granting of the applications has Show Cause issued August 5, 1965, in sions in the gas purchase contracts herein been received. Docket No. AR61-1,. et at; that the ap­ involved. Nor shall the grant of the cer-

FEDERAL REGISTER, VOL. 3 1 , NO. 74— SATURDAY, APRIL 16, 1 9 6 6 NOTICES 5915 tificates aforesaid for service to the par­ continued under small producer certif­ [Docket No. RI66—337, etc.] ticular customers involved imply ap­ icates are terminated and the related HORIZON OIL CO. ET AL. proval of all of the terms of the respec­ FPC gas rate schedules are canceled. tive contracts, particularly as to the (G) The proceedings pending in Order Providing for Hearings on and cessation of service upon termination of Docket Nos. CI62-336, CI64-732, and Suspension of Proposed Changes said contracts, as provided by section 7 CI65-911 are severed from the proceed­ in Rates 1 (b) of the Natural Gas Act. Nor shall ing on the Order to Show Cause issued the grant of the certificates aforesaid August 5, 1965, in Docket No. AR61-1, A p r il 8,1966. be construed to preclude the imposition et al. The Respondents named herein have of any sanctions pursuant to the provi­ (H) The applications pending in filed proposed increased rates and sions of the Natural Gas Act for the un­ Docket Nos. CI62-336, CI64-732, CI65- charges of currently effective rate sched­ authorized commencement of any sales 911, CI66-135, and CI66-616 are dis­ ules for sales of natural gas under Com­ subject to said certificates. missed as moot. mission jurisdiction, as set forth in Ap­ (E) The certificates issued in all (I) The proceedings pending in Dock­ pendix A hereof. dockets except CS66-39 shall be effective et Nos. RI60-147 and RI60-179 are The proposed changed rates and on the date of this order. The certificate terminated. charges may be unjust, unreasonable, issued in Docket No. CS66-39 shall be unduly discriminatory, or preferential, or effective on the date of initial delivery. By the Commission. otherwise unlawful. (F) The certificates heretofore issued [ s e a l ] J o s e p h H. G u t r id e , The Commission finds: It is in the pub­ to Applicants for sales proposed to be Secretary. lic interest and consistent with the Nat­ ural Gas Act that the Commission enter Appendix upon hearings regarding the lawfulness of the proposed changes, and that the Canceled Terminated supplements herein be suspended and Docket No. and filing date Applicant FPC gas certificate rate schedule docket No. their use be deferred as ordered below. The Commission orders: CS66-4...... Rogle Farms, Inn ...... 1 CI63-1318. (A) Under the Natural Gas Act, par­ 11-16-65 ticularly sections 4 and 15, the regula­ CS66-19—...... - 1 G-5993. tions pertaining thereto (18 CFR Ch. I), 10-15-65 OSRR-23 i 4 ' G-18224. and the Commission’s rules of practice 11-8-65 >36 CI60-174. and procedure, public hearings shall be OSR6-27 1 CI60-528. 11-17-65 held concerning the lawfulness of the OH66-31 _ ___ >1 CI61-1259. proposed changes. 11-29-65 CSfifi-37 . . _ ...____ 31 CI61-1549. (B) Pending hearings and decisions 12-6-65 32 G-18050. thereon, the rate supplements herein «3 G-18051. are suspended and their use deferred »4 G-18049. 5 CI62-336.4 until date shown in the “Date Suspended 6 CI64-732.4 Until” column, and thereafter until made CSR6-S0 ...... 12-8-65 effective as prescribed by the Natural ns<«wt2 ...... _ 1 CI62-1528. Gas Act. 12-13-65 flSfifi-« ...... Fd F . Watts ...... 1 CI60-683. (C) Until otherwise ordered by the 12-13-65 2 CI60-682. Commission, neither the suspended sup­ ClSSfi^W . ______1 CI66-616.4 12-20-65 plements, nor the rate schedules sought OS66-46 ...... ______* 1 CI63-1194. to be altered, shall be changed until 12-13-65 »2 CI64-1465. * 3 CI65-857. disposition of these proceedings or ex­ : ' - ' - — ! >4 CI65-1313. piration of the suspension period. »5 OI66-135.4 (D) Notices of intervention or peti­ *1 C162-285. ? nsfifi-ju ...... 1 CI63-512. tions to intervene may be filed with the 12-30-65 Federal Power Commission, Washington, rsr.fi-r.7 ...... _ ...... _ 16 CI65-911.1 12-30-65 D.C., 20426, in accordance with the rules CSfift-fH ...... >1 0162-1406. of practice and procedure (18 CFR 1.8 1-3-66 and 1.37(f)) on or before May 25, 1966.

i Increase in rate is suspended in Docket No. RI60-147 and is not effective. By the Commission. > Increase in rate is suspended in Docket No. RI60-179 and is not effective. > “(Operator), et al.” [ s e a l ] J o s e p h H. G u t r id e , 4 Temporary certificate. ■ * “et al.” Secretary. * Rate schedule is designated as A. F. Roberts, Jr. (Operator), et al., FPO Gas Rate Schedule No. 1. i Certificate issued to A. F. Roberts, Jr. (Operator), et al., successor in interest to Sam D . Ares. 1Does not consolidate for hearing or dis­ [F.R. Doc. 66-4075; Filed, Apr. 15,1966; 8:45 am .] pose of the several matters herein.

FEDERAL REGISTER, VOL. 3 1 , NO. 74— SATURDAY, APRIL 16 , 1 9 6 6 No. 7 4 - 7 5916 NOTICES

Appendix à • Effective Cents per Mcf Rate in Rate Sup- Amount Date date Date sus- effect sub- Docket Respondent sched- pie- Purchaser and producing area of annual filing unless pended ject to No. ule ment increase tendered SUS- until— Rate in Proposed refund in No. No. pended effect increased docket rate Nos.

RI66-337__ N. Bruce Calder and 14 8 Trans western Pipeline Co. (Hansford $2,531 3-18-66 * 4-18-66 9-18-66 •17.0 5 4 8 19.5 Curtis E. Calder, Field, Hansford County, Tex.) Jr„ d.b.a. Horizon (R.R. District No. 10). Oil & Gas Co., 940 Hartford Bldg., Dallas, Tex., 75201. RI66-338—_ Oklahoma Natural 6 11 Michigan Wisconsin Pipe Line Co. 103,627 3-1446 s 4-14-66 9-14-66 817.89 8 4 8 20.39 Gas Co., Post Office (Laveme Area, Beaver and Harper Box 871, Tulsa, Counties, Okla.) (Panhandle Area). Okla., 74102. 12 3 Panhandle Eastern Pipe Line Co. 1,161 3-16-66 3 4-16-66 9-16-66 7 19.36 8 4 7 22.2105 (Glenwood Field, Beaver County, Okla.) (Panhandle Area). RI66-339— Arkla Exploration 11 10 United Gas Pipe Line Co. (Ada Area, 21,000 3-16-66 » 4-16-66 9-16-66 818.25 8 8 8 21.75 Co., Slattery Bldg., Bienville Parish, La.) (North Lou- Shreveport, La., isiana). 71101.

* The stated effective date is the effective date requested by Respondent. 1000—filing reflects that gas contains 1089 B.t.u.’s per cubic foot. * Periodic rate increase. 7 Subject to proportionate upward and downward B.t.u. adjustment (Rato in­ 4 Pressure base is 14.65 p.s.i.a. cludes 2.363 cents upward B.t.u. adjustment before increase and 2.7105 cents after » Subject to a downward B.t.u. adjustment. increase—filing reflects that gas presently contains 1139 B.t.u.’s per cubic foot. 6 Subject to upward and downward B.t.u. adjustment (Rate includes 0.89 cent 8 Includes 1.75 cents per Mcf tax reimbursement. upward B.t.u. adjustment based on 1/100 cent per Mcf for each B.t.u. in excess of * Pressure base is 15.025 p.s.i.a. All of the producers’ proposed Increased [Docket No. RI66-334] changes in its presently effective rate rates and charges exceed the applicable area price levels for Increased rates as set forth in MIDHURST OIL CORP. schedules for sales of natural gas sub­ the Commission’s Statement of General Order Providing for Hearing on and ject to the jurisdiction of the Commis­ Policy No. 61-1, as amended [18 CPR, Chapter sion. The proposed changes, which con­ I, Part 2, § 2.56]. Suspension of Proposed Changes in Rates, Effective Subject to Re­ stitute increased rates and charges, are [F.R. Doc. 66-4076; Piled, Apr. 15, 1966; 8:45 am.] fund designated as follows : April 8, 1966. On March 9, 1966, Midhurst Oil Corp. (Midhurst) 1 tendered for filing proposed

Cents per Mcf Rate in Rate Sup- Amount Date Effective Date effect Docket Respondent sched­ ple- Purchaser and producing area of filing date un­ sus­ subject to No. ule ment annual tendered less sus­ pended Rate in Proposed refund in No. No. increase pended until— effect increased docket Nos. rate

RI66-334... Midhurst Oil Corp., 5 4 El Paso Natural Gas (M. (Jack Her­ $180 3-9-66 *4-9-66 »4-10-66 13.6823 4 814.5 RI60-103. 1030 Bank of the bert Field, Upton County, Tex.) Southwest Bldg., (R.R. District No. 7-c) (Permian Houston, Tex., Basin Area). Attention: Mr. L. R. Metcalf. Midhurst Oil C orp.... 2 13 El Paso Natural Gas Co. (Jack Her­ 90 3-9-66 «4-9-66 »4-10-66 13.6823 4 814.6 RI60-103. bert Field, Upton County, Tex.) (R.R. District No. 7-c) (Permian Basin Area).

* The stated effective date is the first day after expiration of the statutory notice. 8 Pressure base is 14.65 p.s.i.a. a The suspension period is limited to 1 day. 8 Relates only to casinghead gas. 4 “Fractured” rate increase. (Contract provides for 15.0 cents rate effective June 1, 1964.) Midhurst requests that its proposed The proposed increased rates involve gas but the notice of change in rate is for rate increases be permitted to become Spraberry-type contracts which contain the residue gas only. effective as of the date of filing, March the provision that the percentage of the Although Midhurst’s increased rates 9, 1966. Good cause has not been shown liquid products retained by the buyer is are equal to the area base rate prescribed for waiving the 30-day notice require­ deemed to cover all costs of gathering in Opinion Nos. 468 and 468-A, they may ment provided in section 4(d) of the and processing the casinghead gas in require adjustment for less than pipeline Natural Gas Act to permit an earlier ef­ buyer’s gasoline plant. With respect to quality gas. Midhurst, to date, has not fective date for Midhurst’s rate filings quality, the only contract provision in submitted Rate Schedule-Quality State­ and such request is denied. this respect is that the casinghead gas ments for the subject sales. Since the Midhurst, a producer-respondent in shall be delivered at approximately 15 quality of the residue gas is not known the Permian Basin Opinion No. 468, pro­ p.s.i.g. and that the casinghead gas, as at this time, we conclude that Midhurst’s poses “fractured” rate increases from well as the residue gas derived there­ proposed rates should be suspended for 1 13.6823 cents to 14.5 cents per Mcf, from, shall not contain acid gases or day from April 9, 1966, the date of ex­ amounting to $270 annually, for sales of inerts to the extent that the residue gas piration of the statutory notice, subject residue gas derived from casinghead gas derived therefrom would contain less to the submittal by Midhurst of Rate to El Paso Natural Gas Co. in the Permian than 1000 B.t.u.’s. Midhurst’s FPC Gas Schedule-Quality Statements in the form Basin Area of Texas. The proposed rates Rate Schedule No. 2 provides for the sale prescribed by the Permian Basin opin­ are equal to the applicable area ceiling of gas-well gas in addition to residue ions as set forth below. base rate of 14.5 cents per Mcf prescribed Midhurst shall file within 30 days of by Opinion No. 468. Midhurst’s con­ 1 Address is: 1030 Bank of the Southwest the date of issuance of this order, a state­ tractually due rate for these two sales is Building, Houston, Tex., Attention: Mr. L. R. ment setting forth either that the resi­ 15.0 cents per Mcf. Metcalf. due gas sold under the subject rate

FEDERAL REGISTER, VOL. 3 1 , NO. 74— SATURDAY, APRIL 16, 1 9 6 6 NOTICES 5917 schedules accords with all pipeline qual­ advised to the contrary within 15 days Protests or petitions to intervene may ity standards established in Opinion Nos. from the filing of its agreement and be filed with the Federal Power Commis­ 468 and 468-A, or in which respects the undertaking, such agreement and under­ sion, Washington, D.C., 20426, in accord­ residue gas deviates from such stand­ taking shall be deemed to have been ance with the rules of practice and pro­ ards; the agreed cost to the purchaser to accepted. cedure (18 CFR 1.8 or 1.10) and the regu­ bring it to the pipeline quality standards (C) Neither the supplements hereby lations under the Natural Gas Act established there with respect to each suspended, nor the rate schedules sought (157.10) on or before May 9, 1966. quality deviation; any upward or down­ to be altered thereby, shall be changed Take further notice that, pursuant to ward B.t.u. adjustment; and the result­ until this proceeding has been disposed the authority contained in and subject ing applicable area rate for the gas. of or until the periods of suspension have to the jurisdiction conferred upon the Such statement shall be signed by both expired, unless otherwise ordered by the Federal Power Commission by sections 7 the seller and the purchaser. If the seller Commission. and 15 of the Natural Gas Act and the and the purchaser are unable to agree (D) Notices of intervention or peti­ Commission’s rules of practice and pro­ upon any or all of the particulars enter­ tions to intervene may be filed with the cedure, a hearing will be held without ing into the computation of the applica­ Federal Power Commission, Washington, further notice before the Commission on ble area rate, the seller shall file the D.C., 20426, in accordance with the rules this application if no protest or petition statement herein required which shall of practice and procedure (18 CFR 1.8 to intervene is filed within the time re­ indicate the absence of agreement and and 1.37(f)) on or before May 25, 1966. quired herein, if the Commission on its supply the information required to com­ By the Commission. own review of the matter finds that a pute the applicable area rate as well as grant of the certificate is required by the the contentions of the parties with re­ [seal] J oseph H. G tjtride, public convenience and necessity. If a spect to the quality and the amount of Secretary. protest or petition for leave to intervene the adjustment for any item in dispute. [F.R. Doc. 66-4077; Filed, Apr. 15, 1966; is timely filed, or if the Commission on its The purchaser may file a separate state­ 8:45 a jn .j own motion believes that a formal hear­ ment setting forth its views within the ing is required, further notice of such period herein provided. hearing will be duly given. The proposed changed rates and [Docket No. CP66-313] Under the procedure herein provided charges may be unjust, unreasonable, INLAND GAS CO., INC. for, unless otherwise advised, it will be unduly discriminatory, or preferential, or unnecessary for Applicant to appear or otherwise unlawful. Notice of Application be represented at the hearing. The Commission finds: It is necessary April 11,1966. J oseph H. G utride, and proper in the public interest and to Secretary. aid in the enforcement of the provisions Take notice that on April 1, 1966, The of the Natural Gas Act that the Commis­ Inland Gas Co., Inc. (Applicant), 340 [F.R. Doc. 66-4117; Filed, Apr. 15, 1966; sion enter upon a hearing concerning 17th Street, Ashland, Ky., 41101, filed in 8:45 a.m.] the lawfulness of the proposed changes, Docket No. CP66-313 an application pur­ and that Supplement Nos. 4 and 13 to suant to section 7(c) of the Natural Gas Midhurst’s FPC Gas Rate Schedule Nos. Act for a certificate of public convenience SOUTHERN NATURAL GAS CO. 5 and 2, respectively, be suspended and and necessity authorizing the construc­ the use thereof deferred as hereinafter tion and operation of certain natural gas Notice of Application facilities for the sale and delivery of nat­ order. April 11,1966. The Commission orders: (A) Pursuant ural gas to Air Products & Chemicals, to the authority of the Natural Gas Act, Inc. (Air Products), all as more fully set Take notice that on April 4, 1966, particularly sections 4 and 15 thereof, the forth in the application which is on file Southern Natural Gas Co. .(Applicant), Commission’s rules of practice and pro­ with the Commission and open to public Post Office Box 2563, Birmingham, Ala., cedure, and the regulations under the inspection. 35202, filed in Docket No. CP66-314 an Natural Gas Act (18 CFR Ch. I ) , a public Specifically, Applicant proposes to con­ application pursuant to section 7(c) of hearing shall be held upon a date to be struct approximately 420 feet of 3%-inch the Natural Gas Act for a certificate of fixed by notice from the Secretary con­ gas transmission pipeline together with public convenience and necessity author­ cerning the lawfulness of the proposed the necessary regulating and measuring izing the construction and operation of increased rates and charges contained in facilities for the sale and delivery of nat­ facilities required to deliver natural gas Supplement Nos. 4 and 13 to Midhurst’s ural gas for industrial service to Air on an interruptible basis to Paymaster FPC Gas Rate Schedule Nos. 5 and 2, Products. Oil Mill Co., a division of Anderson, respectively. Applicant states that Air Products is Clayton & Co., Inc. (Paymaster), all as (B) Pending such hearing and deci­ located approximately 420 feet from Ap­ more fully set forth in the application sion thereon, Supplement Nos. 4 and 13 plicant’s existing 16-inch transmission which is on file with the Commission to Midhurst’s FPC Gas Rate Schedule pipeline extending north from Floyd and open to public inspection. Nos. 5 and 2, respectively, are hereby County, Ky. Applicant further states Applicant proposes to construct and suspended and the use thereof deferred that the estimated annual requirements operate the following natural gas facili­ until April 9, 1966, and thereafter until of Air Products are 91,250 Mcf of gas for ties in Warren County, Miss. such further time as they are made effec­ the first full year and for several years (1) A line tap located at approxi­ tive in the manner prescribed by the subsequent thereto and that the average mately M.P. 1.735 on Applicant’s Vicks­ Natural Gas Act: Provided, however, daily requirement is estimated to be ap­ burg Harbor Project lateral pipeline; That the supplements to the rate sched­ proximately 250 Mcf with a possible (2) 520 feet of 3}&-inch pipeline from ules filed by Midhurst, as set forth herein, range of between 200 Mcf and 300 Mcf. the said tap to Paymaster’s plant; and shall become effective subject to refund The application states that Applicant (3) A measuring station at the termi­ on the date in the manner herein pre­ produces and purchases gas in Boyd, nus of the said 3 ^ -inch pipeline. scribed if within 20 days from the date Knott, Floyd, Lawrence, Magoffin, Paymaster’s estimated natural gas re­ of the issuance of this order, Midhurst Letcher, Pike, and Johnson Counties, Ky., quirements to be served through the pro­ shall execute and file under Docket No. and also purchases gas from Tennessee posed facilities are 1,500 Mcf per day. RI66-334, with the Secretary of the Gas Transmission Co. in Boyd and Car­ The service will be on an interruptible Commission, its agreement and under­ ter Counties, Ky. The application fur­ basis and rendered pursuant to a con­ taking to comply with the refunding and ther states that Applicant will be able tract between Applicant and Paymaster reporting procedure required by the Nat­ to render the proposed service without dated February 25,1966. Paymaster will ural Gas Act and § 154.102 of the regu­ impairing its ability to render adequate utilize the gas in its plant, which is now lations thereunder, accompanied by a service to its present customers. under construction, for the processing of certificate showing service of a copy The total estimated cost of Applicant’s soybeans. thereof upon the purchaser, El Paso proposed facilities is $3,510, which cost The estimated cost of the facilities to Natural Gas Co. Unless Midhurst is will be financed from cash on hand. be constructed by Applicant is $23,690,

FEDERAL REGISTER, VOL. 3 1 , NO. 7 4 — SATURDAY, APRIL 16, 1 9 6 6 5918 NOTICES which will be financed from cash on by the application, as supplemented, in is purchased from Westcoast on a firm hand. this proceeding. basis pursuant to an agreement between the parties dated December 11, 1954 Protests or petitions to intervene may Joseph H. Gtttride, be filed with the Federal Power Commis­ Secretary. (First Service Agreement). On Decem­ sion, Washington, D.C., 20426, in accord­ ber 10, 1965, Applicant was authorized ance with the rules of practice and pro­ [F.R. Doc. 66-4119; Filed, Apr. 15, 1966; to import 50,575 Mcf per day of natural cedure (18 CFR 1.8 or 1.10) and the reg­ 8:45 a.m.] gas purchased on an interruptible basis ulations under the Natural Gas Act from Westcoast, pursuant to their agree­ (157.10) on or before May 9,1966. [Docket Nos. G—8932, OP66-3151 ment dated September 20, 1965 (Inter­ Take further notice that, pursuant to ruptible Contract). This authorization the authority contained in and subject to EL PASO NATURAL GAS CO. was for a limited term extending through the jurisdiction conferred upon the Fed­ Notice of Application and Petitions April 30, 1966. Applicant seeks to have the Interruptible Contract Volumes con­ eral Pov, er Commission by sections 7 and To Amend 15 of the Natural Gas Act and the Com­ tinued until arrangements are complete mission’s rules of practice and procedure, April 11, 1966. for the importation of the volumes to be a hearing will be held without further Take notice that on April 5, 1966, El purchased under the Second Service notice before the Commission on this Paso Natural Gas Co. (Applicant), Post Agreement. application if no protest or petition to Office Box 1492, El Paso, Tex., 79999, Under an agreement dated February intervene is filed within the time required filed in Docket No. G-8932 a petition to 28, 1966 (Second Service Agreement), herein, if the Commission on its own re­ amend the order issued, pursuant to sec­ which, upon receipt of appropriate au­ view of the matter finds that a grant of tion 3 of the Natural Gas Act, in said thorizations and completion of certain the certificate is required by the public docket on November 25, 1955, and facilities, is designed to supplant the convenience and necessity. If a protest amended on October 26, 1956, and First Service Agreement, Westcoast will or petition for leave to intervene is timely December 10, 1965, by increasing to 500 continue to deliver 300 MMcf of natural filed, or if the Commission on its own mo­ MMcf per day (at 14.9 psia) the amount gas per day (at 14.9 p.s.i.a.) at the same tion believes that a formal hearing is of natural gas which Applicant is author­ Sumas import point. Westcoast is also required, further notice of such hearing ized to import from Canada into the obligated to deliver a further daily will be duly given. United States at a point on the inter­ quantity of 100 MMcf. The Second Serv­ Under the procedure herein provided national boundary near Sumas, Wash. ice Agreement also obligates Westcoast for, unless otherwise advised, it will be Also on April 5, 1966, Applicant filed in to deliver a further daily quantity of 100 unnecessary for Applicant to appear or the same docket another petition to MMcf effective November 1, 1967, and be represented at the hearing. amend requesting authorization for the yet a further daily quantity of 100 MMcf continued importation of 50,575 Mcf of effective November 1, 1969. Provision is Joseph H. Guiride, natural gas (at 14.73 psia or 50 MMcf at also made for still further deliveries, at Secretary. 14.9 psia) purchased on an interruptible Applicant’s option, of up to 300 MMcf [FJR. Doc. 66-4118; Filed, Apr. 15, 1966; basis from Westcoast Transmission Co.. per day during the 4-year period com­ 8:45 ajn.] Ltd. (Westcoast), through December 31, mencing November 1, 1970. The instant 1966, or until Applicant and Westcoast application, in conformity with a peti­ have completed necessary facilities and tion to amend filed in Docket No. G-8932, Westcoast is prepared to deliver a daily is directed to facilities, and authoriza­ [Docket No. CP66-209] quantity of 404,600 Mcf (at 14.73 psia tions to transport, necessary to imple­ ment receipt and authorization of the TOWN OF MASON, TENN., AND or 400 MMcf at 14.9 psia) under a Sec­ ond Service Agreement dated February first two 100 MMcf contract demand in­ TRUNKLINE GAS CO. 28, 1966. crements above the present contract de­ Notice of Date of Hearing On the same day, Applicant filed in mand quantity of 300 MMcf. The poten­ Docket No. CP66-315 an application pur­ tial contract demand under the Second April 11, 1966. suant to section 7 (c) of the Natural Gas Service Agreement is 900 MMcf begin­ The above-docketed application of the Act for a certificate of public convenience ning November 1, 1974, and extending town of Mason, Tenn. (Applicant), filed and necessity authorizing the construc­ through the term of the agreement. The on December 27, 1965, pursuant to sec­ tion and operation of certain natural gas primary term of the Second Service tion 7 (a) of the Natural Gas Act, was the facilities to be constructed in its North­ Agreement has been extended, from that subject of a Commission notice issued west Division System and the transpor­ of the First Service Agreement, from January 5, 1966, and published in the tation and delivery of natural gas, to December 31, 1977, through October 31, Federal Register on January 13, 1966 accommodate the increased import vol­ 1991. (31 F.R. 462). Applicant seeks an order umes for which authorization is sought Applicant seeks authorization in of the Commission directing Trunkline in Docket No. G-8932. These proposals Docket No. 8932 to import 400 MMcf on Gas Co. (Respondent) to establish physi­ are more fully set forth in the applica­ or about November 1, 1966, and an in­ cal connection of its transportation fa­ tion and the petitions to amend which crease thereof to 500 MMcf on November cilities with the facilities proposed to be are on file with the Commission and 1, 1967. Applicant states that these constructed by Applicant and to sell and open to public inspection. quantities will be sufficient to meet pro­ deliver to Applicant up to 148 Mcf of By the original order of November jected firm demands to be served by its 25,1955, Pacific Northwest Pipeline Corp. Northwest Division System during the natural gas per day, Applicant’s third (Pacific) was authorized to import, pur­ succeeding three heating seasons. year peak day requirement, for resale suant to section 3 of the Natural Gas Facilities which Applicant states are and distribution, in Mason, Tenn. On Act, up to 303,462 Mcf of natural gas required to accommodate the initial two March 1, 1966, Applicant filed a supple­ per day at a point on the international increments of 100 MMcf each in the con­ ment to the subject application. boundary near Sumas, Wash.1 The gas tract demand will be installed in two Pursuant to the authority contained construction phases by November 1,1966, in and subject to the jurisdiction con­ 1 Applicant acquired and continued opera­ and November 1,1967, respectively. The ferred upon the Federal Power Commis­ tion of Pacific’s system beginning in 1959. facilities are specifically described as sion by sections 3, 7, and 15 of the Nat­ In 1964 the U.S. Supreme Court found that follows; Applicant’s acquisition of and merger with A. Compressor stations. 1. Two 4,000 ural Gas Act, and the Commission’s rules Pacific was in violation of sec. 7 of the Clay­ horsepower gas engine-driven recipro­ of practice and procedure, a hearing will ton Act. Applicant now has an application cating compressor units and appurte­ be held on May 3,1966, at 10 a.m., e.d.s.t., pending designed to divest Itself of its nances at Applicant’s existing Compres­ in a hearing room of the Federal Power Northwest Division System to Northwest Pipeline Corp. (Northwest). (See Appli­ sor Station No. 18, Whatcom County, Commission, 441 G Street NW., Wash­ cant’s filing in Docket No. CP66-27 and Wash.; ington, D.C., 20426, concerning the mat­ Northwest’s filings in Docket Nos. CP66—28, 2. Two 4,000 horsepower gas engine- ters involved in and the issues presented GP66-29, and CP66-30.) driven reciprocating compressor units

FEDERAL REGISTER, VOL. 3 1 , NO. 74— SATURDAY, APRIL 16, 1 9 6 6 NOTICES 5919

and appurtenances at a new Compressor ther notice before the Commission on the The applications in Docket Nos. CI66- Station No. 17 in Skagit County, Wash.; application filed in Docket No, CP66-315 890, CI66-891, CI66-892, and CI66-919 3. Two 4,000 horsepower gas engine-? if no protest or petition to intervene is have been filed pursuant to the orders driven reciprocating compressor units filed within the time required herein, if accompanying Commission Opinion Nos. and appurtenances at a new Compressor the Commission on its own review of the 378, 29 FPC 249, and 378-A, 30 FPC 153, Station No. 16 in Snohomish County, matter finds that a grant of the certifi­ which were ultimately affirmed in United Wash.; cate is required by the public convenience Gas Improvement Co. v. Continental Oil 4. One 4,000 horsepower gas engine- and necessity. If a protest or petition Co., et al., 381 U.S. 392. The application driven reciprocating compressor unit and for leave to intervene is timely filed, or in Docket No. CI66-910 has been filed appurtenances at a new Compressor if the Commission on its own motion pursuant to the order accompanying Station No. 15 in Pierce County, Wash.; believes that a formal hearing is re­ Commission Opinion No. 413, 30 FPC and quired, further notice of such hearing 1477, which was ultimately affirmed in 5. Two 1,068 horsepower gas turbine- will be duly given. FPC v. Pan American Petroleum Corp., driven centrifugal compressor units and Under the procedure herein provided 381 U.S. 762. 'appurtenances at a new McMinnville for, unless otherwise advised, it will be Protests or petitions to intervene may Station in Marion County, Wash. unnecessary for Applicant to appear or be filed with the Federal Power Com­ B. Maineline loops. Approximately be represented at the hearing. mission, Washington, D.C., 20426, in ac­ 11.0 miles of 30-inch O.D. pipeline and J oseph H. G utride, cordance with the rules of practice and appurtenances, including a single sub­ Secretary. procedure (18 CFR 1.8 or 1.10) on or merged crossing of the Nooksack River, before May 6, 1966. looping Applicant’s 26-inch O.D. North­ [F.R. Doc. 66-4120; Filed, Apr. 15, 1966; Take further notice that, pursuant to west Division mainline from Milepost 8:45 a.m.] the authority contained in and subject 1468 to Milepost 1457, all in Whatcom to the jurisdiction conferred upon the County, Wash. [Docket No. CI66-890, etc.] Federal Power Commission by sections C. Metering facilities. Four 12%-inch CONTINENTAL OIL CO.r ET AL. 7 and 15 of the Natural Gas Act and O.D. orifice-type purchase meters and Notice of Applications1 the Commission’s rules of practice and appurtenances located at Applicant’s ex­ procedure, a hearing will be held with­ isting Sumas Meter Station situated near April 11, 1966. out further notice before the Commis­ the international boundary between the Continental Oil Co., Docket No. CI66- sion on all applications in which no pro­ United States and Canada, Whatcom 890; Sim Oil Co., Docket No. CI66-891; test or petition to intervene is filed within County, Wash. M. H. Marr, Docket No. CI66-892; Pan the time required herein, if the Com­ During the first phase of construc­ American Petroleum Corp., Docket No. mission on its own review of the matter tion, Applicant proposes to construct CI66-910; and General Crude Oil Co., believes that a grant of the certificates one each of the two 4,000 horsepower Docket No. CI66-919. is required by the public convenience and compressor units at Compressor Station Take notice that each Applicant here­ necessity. Where a protest or petition Nos. 18, 17, and 16 and two of the four in has filed an application pursuant to for leave to intervene is timely filed, or 12%-inch O.D. meter runs. During the section 7(c) of the Natural Gas Act for where the Commission on its own motion second phase, prior to November 1, 1967, a certificate of public convenience and believes that a formal hearing is required, the remainder of the above-described fa­ necessity authorizing the sale for resale further notice of such hearing will be cilities will be constructed. of natural gas in interstate commerce for duly given. Applicant states that certain curtail­ ultimate public consumption by means of Under the procedure herein provided ments of interruptible industrial serv­ the assignment and conveyance of leases for, unless otherwise advised, it will be ice during the past heating season have of gas producing properties, all as more unnecessary for Applicants to appear or led a number of the industrial custom­ fully set forth in the appendix hereto and ers to request service on a firm basis. in the applications which are on file with be represented at the hearing. This development, coupled with the nor­ the Commission and open to public in­ J oseph H. Gutride, mal increases in the firm loads, necessi­ spection. Secretary. tates the request by Applicant in these A ppendix filings for authorization to import addi­ tional quantities of natural gas and to Docket No. and filing Applicant Purchaser construct and operate the new facilities. date Location Applicant estimates that the demand for firm service will exceed the present ca­ CI66-890____ Continental Oil Co., Post Office Box Louisiana Gas Corp., Texas pacity of its facilities in the area. 3-24-66 2197, Houston, Tex., 77001. Rayne Field, Acadia CI66-891____ Eastern Transmission Con).* Parish, La. The estimated total cost of construc­ Sun Oil Co., 1608 Walnut St., Phila­ ...... do *...... Do. 3-24-66 delphia, Pa., 19103. tion is $11,927,000. Applicant states that CI66-892___J M . H. Marr, 2500 Republic National ____do *______Do. this amount, coupled with other con­ 3-24-66 Bank Bldg., Dallas, Tex., 75201. CI66-910____ Pan American Petroleum Corp., Post Tennessee Gas Transmission Co._ struction contemplated for 1966, will be 3-29-66 Bastian Bay Field, financed with current working funds, Office Box 591, Tulsa, Okla., 74102,. Plaquemines Parish, CI66-919____ La. supplemented as necessary by short term General Crude Oil Co., Post Office Louisiana Gas Corp., Texas Rayne Field, Acadia bank loans. Applicant further assumes 3-29-66 Box 2252, Houston, Tex., 77001. Eastern Transmission-Corp.1 Parish, La. that the construction of the proposed fa­ cilities will result in Northwest assuming T L a^ E as^ em ^ m sm S sio^ ^ orp ^ W 6 assigned t0 Loulsiana Gas Corp. which simultaneously assigned them to an additional $10,000,000 in Applicant’s bonds upon divestiture. [F.R. Doc. 66-4122; Filed, Apr. 15,1966; 8:45 a.m.] Protests or petitions to intervene may suspension of trading in the common be filed with the Federal Power Commis­ SECURITIES AND EXCHANGE stock, $1 par value, of United Security sion, Washington, D.C., 20426, in accord­ Life Insurance Co., Birmingham, Ala., ance with the rules of practice and pro­ COMMISSION otherwise than on a national securities cedure (18 CFR 1.8 or 1.10) and the exchange is required in the public in­ regulations under the Natural Gas Act UNITED SECURITY LIFE INSURANCE terest and for the protection of inves­ (157.10) on or before May 9, 1966. CO. tors; Take further notice that, pursuant to Order Suspending Trading It is ordered, Pursuant to section 15(c) (5) of the Securities Exchange Act the authority contained in and subject to A pril 12, 1966. the jurisdiction conferred upon the Fed­ of 1934, that trading is such securities It appearing to the Securities and Ex­ otherwise than on a national securities eral Power Commission by sections 7 and change Commission that the summary exchange be summarily suspended, this 15 of the Natural Gas Act and the Com­ 1 This notice does not provide for consoli­ order to be effective for the period April mission’s rules of practice and proce­ dation for hearing of the several applications 13, 1966, through April 22, 1966, both dure, a hearing will be held without fur­ herein, nor should it be so construed. dates inclusive. FEDERAL REGISTER,. VOL. 3 1 , NO. 7 4 — SATURDAY, APRIL 16, 1 9 6 6 5920 NOTICES

By the Commission. shares of the common stock of Arkansas R eport and Order will vote such shares in favor of the [seal] Orval L. D uB ois, Recommended by Albert E. Luttrell, Secretary. proposed amendments. The expenses to be incurred in con­ Hearing Examiner: By a notice of pro­ [F.R. Doc. 66-4145; Filed, Apr. 15, 1966; nection with the proposed transactions posed rule making dated December 29, 8:45 a.m.] are estimated to total $7,250, including 1964, the Commission gave notice that legal fees of $3,000 and printing costs of it had under consideration amendment [FUe No. 70-4366] $2,500. of its order dated September 10, 1958, The filing states that the Arkansas which prohibits shipments of nitrometh­ ARKANSAS POWER & LIGHT CO. ane in bulk, in railroad tank cars Public Service Commission has asserted and in tank motor vehicles. The pro­ Proposed Charter Amendments jurisdiction over the proposed charter amendments, and a copy of its order will posed amendment would permit the April 12, 1966. transportation of nitromethane mix­ be supplied by amendment. No other tures, stabilized, in bulk, in railroad tank Notice is hereby given that Arkansas State commission, and no Federal com­ Power & Light Co. (“Arkansas”), Ninth mission, other than this Commission, •cars and in tank motor vehicles when and Louisiana Streets, Little Rock, Ark., has jurisdiction over the proposed approved for transportation by the Bu­ 72203, an electric utility company and charter amendments. reau of Explosives 'of the Association of a subsidiary company of Middle South Notice is further given that any in­ American Railroads. The amendment Utilities, Inc. (“Middle South”) , a reg­ terested person may, not later than April is sought by Commercial Solvents Corp., istered holding company, has filed an 29, 196,6, request in writing that a hear­ hereinafter called CSC or petitioner, the amended declaration with this Commis­ ing be held on such matter, stating the only producer of commercial quantities sion pursuant to the Public Utility Hold­ nature of his interest, the reasons for of nitromethane formulations in the ing Company Act of 1935 (“Act”) , desig­ such request, and the issues of fact or United States. nating sections 6(a)(2), 7, and 12(e) law raised by said amended declaration Hearing was held on December 20-22, of the Act and Rules 23 and 62 promul­ which he desires to controvert; or he may 1965, at which CSC offered evidence in gated thereunder as applicable to the request that he be notified if the Com­ support of its proposed amendment. It proposed transactions. All interested mission should order a hearing thereon. submitted verified written statements persons are referred to the amended Any such request should be addressed: from Dr. Richard S. Egly, Director of declaration, which is summarized below, Secretary, Securities and Exchange Com­ Process Development for CSC; James for a complete statement of the proposed mission, Washington, D.C., 20549. A copy M. Hubbard, Assistant Vice President, transactions. of such request should be served person­ Liberty Mutual Insurance Co., Boston, Arkansas proposes to amend its ally or by mail (airmail if the person Mass.; Louis G. Shelton, Section Super­ Agreement of Consolidation or Merger being served is located more than 500 intendent, Dow Chemical Co., Freeport, (“charter”) , so as to increase its author­ miles from the point of mailing), upon Tex.; William W. Wilson, Shipping Su­ ized preferred stock, par value $100 per the declarant at the above-stated ad­ perintendent, CSC, and Dr. Frank E. share, from 500,000 shares to 1,000,000 dress, and proof of service (by affidavit Dolian, Manager, Technical Staff, Sales shares. Arkansas also proposes to or, in case of an attorney at law, by cer­ Division, CSC. amend its charter to conform to certain tificate), should be filed contemporane­ The Illinois Central Railroad Co., conditions contained in prior orders of ously with the request. At any time hereinafter called IC, intervenor in op­ this Commission permitting Arkansas to after said date, the amended declaration, position to the proposed amendment, issue and sell various series of its pre­ as filed or as further amended, may be submitted verified written statements ferred stock (Holding Company Act permitted to become effective as provided from Dr. Gerard V. Smith, an Assistant Release Nos. 13992 (Apr. 29, 1959); in Rule 23 of the general rules and regu­ Professor in the Department of Chem­ 15137 (Oct. 13, 1964); and 15213 (Mar. lations promulgated under the Act or istry of the Illinois Institute of Tech­ 30, 1965)). The conditions principally the Commission may grant exemption nology, and from Herbert L. Williams, relate to limitations upon the right of from such rules as provided in Rules 20 General Superintendent, IC, Chicago, 111. the company (a) to alter, amend or (a) and 100 thereof or take such other The Bureau of Enforcement of the repeal any of the rights, preferences, or action as it may deem appropriate. Interstate Commerce Commission, in­ powers of the holders of the preferred tervenor, offered testimony by Dr. Glenn stock; (b) to merge or consolidate with For the Commission (pursuant to del­ H. Damon, Staff Research Coordinator, egated authority). Explosives, Bureau of Mines, U.S. De­ any other corporation, or otherwise dis­ partment of Interior, Washington, D.C. pose of all or substantially all of the com­ [seal] Ôrval L. D uB ois, In its brief the Bureau asks that the pany’s assets; (c) to issue or assume Secretary. unsecured indebtedness; and (d) to petition be denied. purchase or otherwise acquire outstand­ [F.R. Doc. 66-4146; Filed, Apr. 15, 1966; The Association of American Rail­ ing shares of preferred stock. 8:45 a.m.] roads, hereinafter called AAR, offered The proposed charter amendments will no evidence but a statement filed in ad­ be submitted to all the stockholders for vance of hearing stated: their approval at a special meeting of 1. The AAR has reviewed the results the holders of the common and preferred INTERSTATE COMMERCE of tests and experiments that have been stocks of Arkansas to be held on July performed on the substance described as 28, 1966. In connection therewith, COMMISSION nitromethane mixtures, stabilized, as Arkansas proposes to solicit proxies from {No. 3666; Ex Parte No. MC-13] furnished to the Commission, including the holders of its preferred stock, and those performed by a manufacturer of the proposed solicitation material sets NITROMETHANE such substance and by the Bureau of Explosives. It appears from the reports forth in detail the amendments as to Transportation Found Lawful which their proxies are to be solicited. describing such tests and experiments The declaration states that under the Transportation of nitromethane mix­ that the mixture so designated is not applicable provisions of the Arkansas tures, stabilized in bulk, in railroad tank explosive under the applicable standards Business Corporation Act, the affirmative cars and in tank motor vehicles, subject prescribed by the Commission’s regula­ vote of the holders of at least two-thirds to prescribed regulations, found lawful. tions. of all outstanding shares of common and Commission’s order of September 10, 2. For the foregoing reasons the AAR preferred stocks, as well as the affirma­ 1958, amended. submits that the words “when approved tive vote of the holders of at least two- Eugene T. Liipfert for petitioner. for transportation by the Bureau of Ex­ thirds of all outstanding shares of pre­ John H. Doeringer, Edward G. Howard, plosives” should not appear in any regu­ ferred stock, voting separately as a class, and Kenneth H. Lundmark for inter- lation the Commission may adopt will be required for the adoption of the venors. Wellington McNichols and Asa pursuant to its Notice. The Bureau of proposed amendments. Middle South, J. Merrill for the Bureau of Enforcement, Explosives has no responsibilities re­ the holder of all of the outstanding Interstate Commerce Commission. specting approval for transportation of

FEDERAL REGISTER, VOL. 3 1 , NO. 7 4 — SATURDAY, APRIL 16, 1 9 6 6 NOTICES 5921 materials that do not fall within the munity, and property damage amount­ going conditions are met in the case of definition of explosives or other danger­ ing to over $1,000,000. In both explo­ such mixtures. ous articles contained in the Commis­ sions the tank cars were on railroad Petitioner’s recommendations came sion’s rules and regulations affecting sidings. from its Nitromethane Safety Committee those subjects. Prior to the two explosions commer­ which was formed following the 1958 ex­ 3. The rule adopted by the Commis­cial grade nitromethane was manufac­ plosions, and were formulated on the sion herein should specify the composi­ tured, shipped, and used without inci­ basis of knowledge of the factors affect­ tion of the substance to which it relates dent for many years, utilizing the same ing the stability of nitromethane gained and should prescribe the vehicles in precautions taken in connection with from 25 years experience in its produc­ which it may be shipped. other organic solvents. It was shipped tions, a careful study of the available The Manager of the Laboratory Re­ in 55-gallon steel drums, in tank cars, professional literature, familiarity with search Center of the New York Central and in tank trucks without incident studies and experiments conducted by Railroad Co., hereinafter called New until 1958. Since the embargo, nitro­ others, and its own studies and experi­ York Central, described certain condi­ methane has been shipped only in 55- ments with nitromethane. tions which he would recommend to his gallon steel drums. These drums nor­ Commercial grade nitromethane is management relating to transportation mally contain 50 gallons of commercial not an explosive by ICC definition or by of any stabilized nitromethane mixtures nitromethane and 5 gallons of a nitro­ the definition of the Bureau of Explosives approved by the Commission. He also gen blanket. There has never been an of the AAR who act as advisers to this recommended other conditions relating explosion with a drum shipment. Commission regarding explosives and to sampling and billing descriptions to CSC is not seeking approval of the other dangerous articles. The Bureau be incorporated in any Commission regu­ transportation in bulk by railroad tank of Explosives defines an explosive in lation approving transportation of sta­ cars or by tank motor vehicles of com­ terms of utility “as any chemical com­ bilized nitromethane mixtures. mercial grade nitromethane which was pound, mixture, or device, the primary CSC is a manufacturer of industrial involved in the two explosions. On the pr common purpose of which is to func­ chemicals, agricultural chemicals, ani­ basis of extensive tests performed by it­ tion by explosion; i.e., with substantially mal feed additives, carbon black, resin self or by others with materials which Instantaneous release of gas and heat, vehicles, and bulk pharmaceuticals. The stabilize nitromethane it is seeking unless such compound, mixture, or de­ principal plants of petitioner are located amendment of the Commission’s rules vice is otherwise specifically classified.” at Sterlington, La., Terre Haute, Ind., to permit the following stabilized nitro­ Explosives are further subdivided by class Marion, 111., Agnew, Calif., Tacoma, methane mixtures to be transported in and type depending on whether they can Wash., Harvey, La., Newark, N.J., Gar­ bulk in railroad tank cars and in tank be detonated by means of a No. 8 test field, N.J., and Chicago, 111. CSC has motor vehicles constructed of carbon or blasting cap, their sensitivity to shock as been engaged in the manufacture of other steel: measured by the Bureau of Explosives nitroparaffins including nitromethane, Minimum amount impact apparatus, their thermal stability since 1936, and on a commercial scale of stabilizing and their rate of deflagration. A num­ since 1940. All nitroparaffins and most liquid in mix­ ber of writers in the chemical literature ture (percentage nitroparaffin derivatives are now pro­ of weight) field have referred to unstabilized nitro­ duced at Sterlington. Nitromethane has Cyclohexanone______25 methane as an explosive. Experiments three principal commercial use cate­ Toluene ______.______30 by CSC and others show that unstabi­ gories. .It is useful as a stabilizer for Benzene _____ 30 lized nitromethane is basically too stable halogenated hydrocarbons which are 1,L-Butylene Oxide______30 and difficult to initiate to be classified as used as industrial solvents, as a starting 1,4-Dioxane ______35 an explosive, although it can be deto­ point synthesis of other chemical com­ Methanol ______40 nated in the following three ways: pounds, and as an energy source or fuel. 1 -Nitropropane______45 1. By heating nitromethane to ap­ Nitromethane possesses many excellent 2-Nitropropane ____ 45 proximately its critical temperature, 599 properties for industrial applications. Rail tank cars used for transportation degrees fahrenheit, under conditions of Nitromethane has the chemical formula, of stabilized nitromethane should be of strong confinement with sufficient mate­ CH.3N02 and the commercial grade of welded construction with provision for rial present to allow the pressure to build nitromethane is approximately 96 per­ top unloading and sealing off of bottom up to at least the critical pressure of cent pure nitromethane. outlets and should be confined to nitro­ nitromethane. Where nitromethane is The embargo placed on the transpor­ paraffin service. heated under atmospheric pressure, it tation of nitromethane, in bulk, in rail­ The stabilizing liquids described above passes into the vapor phase at its boil­ road tank cars and in tank motor ve­ are generally chemicals with which nitro­ ing point, 214 degrees fahrenheit, and hicles, followed the explosion of two methane is commonly employed in its the vapor is harmlessly dissipated. tank cars of nitromethane, one at Niag­ commercial and industrial application. Heating nitromethane vapor above the ara Falls, N.Y., on January 22, 1958, As a result they can be mixed with nitro­ boiling point leads to no appreciable de­ and the other at Mount Pulaski, HI., on methane to stabilize it without producing composition until temperatures are well June 1, 1958. A report of the latter ex­ any impracticable dilution or contamina­ in excess of 600 degrees fahrenheit and plosion appears in Accident Near Mount tion from the standpoint of the ultimate causes no apparent hazard. In the proc­ Pulaski, HI., 305 ICC 81. The record in users. The New York Central states ess, nitromethane is formed at tempera­ that proceeding consisted primarily of that it will not participate in shipments tures 700-900 degrees fahrenheit. testimony of employees of IC upon whose of nitromethane mixed with nitro­ 2. By adiabatic compression1 where right-of-way the accident occurred. propane 1 or 2. the temperatures produced are high The Commission’s report found: (1) The CSC also seeks permission to trans­ car of nitromethane had been shipped port in bulk shipments of other stabilized 1 The term adiabatic compression means by CSC from its plant at Sterlington, (2) nitromethane mixtures which are: compression under conditions that permit the cause of the accident was the explo­ no escape of heat (generated by the compres­ 1. Completely miscible at tempera­ sion) to the external environment. The term sion of a tank car loaded with nitro­ tures likely to be encountered in trans­ usually refers to vapor phase, since liquids methane, (3) the cause of the explosion portation; cannot be compressed appreciably. Very could not be determined from the facts 2. Exhibit zero card gap by CSC tests; high vapor phase temperatures can be de­ developed in its investigation, and (4) veloped under these conditions. For ex­ under certain conditions nitromethane 3. Exhibit an average height of 13 ample, where air is compressed suddenly from can become a dangerous explosive. feet or less under CSC’s heavy confine­ atmospheric pressure to 350 pounds, the tem­ No loss of life resulted from the Niag­ ment cap test; and perature can rise from 70 degrees fahrenheit 4. Exhibit no properties which might to 837 degrees fahrenheit. If the air is in ara Falls explosion and the property contact with a combustible liquid and if loss and damage is unknown. The contraindicate manufacture, shipment or mixed with the vapors of that liquid, sudden Mount Pulaski explosion resulted in the use. compression can raise the temperature above the ignition point so that a fire can result. death of two members of the train crew, upon demonstration to the appropriate This is the same principle upon which the Injuries to over 40 people in the com­ Commission staff personnel that the fore­ diesel engine operates.

FEDERAL REGISTER, VOL 3 1 , NO. 7 4 — SATURDAY, APRIL 16, 1 9 6 6 5922 NOTICES enough to result in ignition, deflagration initiator. The latter is usually a 50 grain nitromethane at 83 and 92 degrees cen­ and finally detonation. Pressures suffi­ tetryl pellet and an electric blasting cap. tigrade and the drum back and front cient to produce these temperatures The number of cards is varied until a surfaced with heavy steel plates. A 55- must be confined either by the mass of thickness is reached when the sample gallon drum of nitromethane was deto­ the liquid or by a container with walls will detonate on 50 percent of the trials. nated by a x/2-inch thick 6-inch x 6-inch thick enough to resist rupture from the In the card-gap test commercial grade steel plate hurled at the drum by a 10- pressure long enough (100-500 micro­ nitromethane has a gap value of ap­ inch (diameter) by 10-inch (length) cast seconds) to permit ignition to proceed proximately 200 mills (18-20 cards) and 50-50 pentolite charge at a distance of 25 to deflagration and detonation. Heat­ 99 percent nitromethane has a gap value feet. These tests indicate that nitro­ ing, especially by adiabatic compression, of approximately 230 mills. The effect methane is not sensitive to rather ex­ is dangerous because nitromethane can of added materials in the nitromethane treme shock such as might be encoun­ ignite and burn as a monopropellant.2 on its shock sensitivity can be rather ac­ tered in railroad switching operations or 3. By a high explosive initiator in, orcurately measured by determining the highway vehicle operations. The tests in direct contact with the nitromethane. number of cards which can be eliminated also indicate that the sensitivity of nitro­ It is relatively insensitive to shock at and still produce the same test results. methane to shock is not affected signifi­ ordinary temperatures. A shock wave When the cards are reduced to zero the cantly by an increase in temperatures to strong enough to directly detonate nitro­ mixture may be considered no longer ranges well above those which would be methane, that is to produce detonation sensitive to detonation by the high ex­ encountered under the most extreme within a few microseconds, generates a plosive charge involved. The Bureau of transportation conditions. The .50 cali­ pressure of 80-90,000 atmospheres in the Mines also conducted what it called a ber projectile detonation of a single drum nitromethane which compresses it locally heavy confinement test. As conducted by in the presence of aeration is consistent behind the shock front to about five- the Bureau there is a one inch thick with the necessity for heavy confinement eighths of its original volume and heats wall with a 50 grain tetryl booster in di­ and conditions of adiabatic compression it to an estimated 1.593 degrees fahren- rect contact with the material. In this necessary to create the high tempera­ heit. It becomes somewhat more sensi­ test a somewhat higher mixture of the tures and maintain the pressures requi­ tive to shock as its temperature is raised, recommended stabilizing material was site for detonation of nitrogen. Without and at about 140 degrees fahrenheit it necessary to get to zero card gap. The these favorable conditions for adiabatic becomes cap sensitive; i.e., it can be det­ Bureau of Mines experiments estab­ compression and confined burning, an onated by a No. 8 blasting cap placed di­ lished that: (1) Nitromethane can be extremely high object, propelled by high rectly in the nitromethane. In the ab­ desensitized or sensitized to detonation explosive charges, was necessary to se­ sence of such a strong shock it exhibits by addition of other chemicals, (2) the cure detonation. The nitromethane used no significant decomposition or instabil­ chemicals now. proposed as stabilizers of in these tests was reused several times ity even at temperatures well in excess nitromethane as well as 1,2-butylene and was exposed to air, dust and other of atmospheric pressure boiling point of oxide and 1,4-dioxane have a significant desert contaminations. 101 degrees centigrade. desensitizing effect on nitromethane. The foregoipg shock sensitivity tests During World War H nitromethane' B. Tests by Intermountain Research &were performed solely on drums of com­ was known to be a high energy fuel Engineering Co. The shock sensitivity mercial nitromethane and not on tank source and because of its monopropellant of nitromethane as well as its sensitivity cars. Dr. Egly stated that if a tank car characteristics was thought suitable for to high velocity projectile impact was had been dropped on a bed of steel spikes a rocket fuel. In the course of experi­ studied at petitioner’s request by the In­ he did not know what would happen but ments, adiabatic compression was en­ termountain Research & Engineering Co. it would be more likely to explode than countered by the sudden introduction of of Salt Lake City, Utah, during the pe­ in a thin walled container which would pressurizing gas for the purpose of mov­ riod June-July 1958. Dr. Egly of CSC break or bulge. The Bureau of Enforce­ ing liquids by gas pressure instead of was present during most of the tests and ment contends that since the shock sen­ pumps. Explosions occasionally occurred assisted in their supervision. The tests sitivity tests were not made on tank cars when nitromethane was transferred to were of two general types, namely (a) of commercial nitromethane no weight the motor or reaction chamber using drop tests, and (b) projectile impact should be given to their tests. In effect high pressure gasses to produce high tests. It was found impossible to deto­ the Bureau would have CSC reenact the speed of flow of nitromethane through nate drums of nitromethane dropped 50 1958 explosions. The model car tests pipes, valves, and nozzles. feet onto a steel plate with protruding and the heavy confinement tests supple­ It is CSC’s purpose in adding the pro­ pins, on to a steel plate without protrud­ ment the drum tests and all together are posed stabilizers to nitromethane to ing pins, or on to other drums of nitro­ convincing proof of the shock sensitive­ eliminate the hazard of accidental ex­ methane. No detonations resulted when ness of nitromethane. plosion by all the foregoing mentioned a 100-pound weight with a sharp pointed C. CSC heavy container tests. Fol­ mechanisms. nose, one with a rounded nose, and one lowing the tests in Utah CSC undertook with a flat nose were dropped 50 feet on additional shock sensitivity tests in its Experiments and T ests on to 55 gallon drums of nitromethane. research department at Terre Haute, Ind. N itromethane Characteristics There was evidence that high pressures These tests were designed to further A. The Bureau of Mines of the U.S.were developed, at least locally and study the stability of nitromethane and Department of Interior. Prior to the momentarily within the drums by the the effects of container size, shape and 1958 tank car explosions petitioner had impacts, as side walls were stretched and strength, degree of fill, confining gas, been concerned with the possible indus­ bulged but there were no indications of temperature, and diluents on the sta­ trial hazards involved in use of nitro­ any decomposition or change in the ni­ bility of nitromethane when subjected to methane which might occur as a result tromethane. A .50 caliber special high adiabatic compression created by high- of the addition, accidentally or otherwise, velocity bullet impact at 3,600 feet per energy impact of short duration. These of certain sensitizing agents. Accord­ second was found insufficient to detonate tests indicated that the passage of a high ingly it commissioned a 3-year study a 55-gallon drum of nitromethane with velocity projectile through liquid nitro­ (1955-58) by the Bureau of Mines to or without the use of steel plates to stop methane does not directly ignite the learn more about sensitizing and desen­ the bullets in the nitromethane. By nitromethane nor cause the liquid to sitizing nitromethane. The Bureau of means of a combination of aeration of detonate or deflagrate. However, adia­ Mines tests dealt primarily with the nitromethane, steel plate backing and a batic compression of a gas reservoir in shock sensitivity of nitromethane as front steel plate it was possible on one the container may cause ignition, and if shown by what is known as a card-gap occasion to detonate the nitromethane the pressure is high enough the nitro­ test. A test assembly is designed so that and on another to cause it to ignite and methane may continue burning as a a stack of plastic cards may be inserted bum without detonation. Several at­ monopropellant. As combustion con­ between the test sample and a powerful tempts to duplicate the detonation re­ tinues, the pressure inside the container sulted in failure. No detonations were will rise, causing the nitromethane to 8 Capable of supplying its own oxygen for obtained in the bullet impact tests using bum faster. The rate of burning will in­ combustion. the .50 caliber bullet impact test with the crease until the pressure is relieved by

FEDERAL REGISTER, VOL. 3 1 , NO. 7 4 — SATURDAY, APRIL 16, 1 9 6 6 NOTICES 5923 hydraulic rupture of the container, the T he 1958 N itromethane T ank Car to the nitromethane detonation. At the nitromethane supply is exhausted, or Explosions hearing on August 20, 1958, there was no transition from rupture of the container, description of two explosions by anyone. the nitromethane supply is exhausted, or Immediately following the Niagara Dr. Egly’s reconstruction of the Ni­ transition from rapid burning or defla­ Falls and Mount Pulaski tank car ex­ agara Falls accident is based largely on gration to detonation occurs. Deflagra­ plosions petitioner made extensive on three pieces of evidence: tion or detonation can be avoided if either the spot investigations in an attempt to 1. The tank car of nitromethane was the temperature created by adiabatic determine the cause of the explosions. between two cars of bulk lime in com­ compression is less than the ignition CSC concludes that both explosions were partment cars, and a tank car of caustic. temperature of the nitromethane or the triggered by high energy objects strik­ The day after the explosion Dr. Egly pressure required or needed is relieved ing the tank cars with sufficient force to observed that lime had spilled on the shortly after ignition to less than the penetrate or Crush in the tank car wall. ground, and that some projectiles had minimum pressure required or needed The impact would produce extremely gone through one end of the lime car for monopropellant burning. The entire rapid compression of the air contained and out the other end. Also, the car was sequence of events appears to require 100 in the head space or dome of the car. pushed together like an accordion. Dr. to 500 microseconds in unstabilized nitro­ Adiabatic compression would have pro­ Egly stated his belief that a smaller gas methane and can be broken if the pres­ duced extremely high temperatures. explosion must have removed the con­ sure is relieved within this time. This The rapid temperature increase within tents of the lime first, and that a second time can be contrasted with that which the confined space set in motion a burn­ explosion drove the projectiles through occurs in the card gap test where nitro­ ing of the nitromethane and need only the empty car. methane is directly detonated by a heavy to have been maintained for a few hun­ 2. On the subject of two explosions, charge of an initiating explosive. In dred microseconds to produce detona­ Dr. Egly testified: “We ran into a lot these latter tests the entire phenomena is tion of nitromethane. This conclusion of people who reported hearing two complete within 5 to 10 microseconds. was based on observations at the sites, sounds. The first one, a light sound like the damage patterns, statements from 23. CSC model tank car tests. In an a tire bursting or a light charge of dyna­ people in the vicinity who were present mite going off, a blasting that might be effort to simulate the explosions at at the time of the explosion and an at­ Niagara Falls and Mount Pulaski exten­ in construction work or described like a tempt to reconstruct a possible explana­ rumble, an airplane breaking the sound sive container tests were conducted by tion which would cover what actually petitioner. Eleven different types of con­ barrier. Most of them said a second or had happened. so later there was a very loud noise and a tainers were tested and the effect of In the Mount Pulaski accident a tank varying container fills and varying tem­ big flash.” There were pieces of light car of ammonia had moved to Mema, metal and wood in the area, presumably peratures were evaluated. High velocity HI., was unloaded, and was returning to bullets were shot into the containers at from a missing boxcar. This car was Coure, 111., for reloading. This car was supposed to have been switched past the various locations and the effect of using in the immediate vicinity of the nitro­ a nitrogen blanket over the nitromethane nitromethane car prior to the nitrometh­ methane car. Because of the way the ane explosion. Dr. Egly reasoned that was also evaluated. Small tank car tests car was unloaded at Mema, Dr. Egly be­ were conducted. The tank cars were the boxcar was thrown in the air by the lieved that some ammonia still remained initial gas explosion, then blown apart by constructed from 24-inch lengths of 5- in the car during the return movement. inch diameter pipes. One end was closed the nitromethane detonation. The engineer testified in the Commis­ 3. To support the gas explosion theory, with a welded %-inch thick steel plate, sion’s hearing August 20, 1958, that he the other end with two thicknesses of Dr. Egly made some tests of the sur­ observed a white vapor apparently being rounding soil, although conditions for 2-mill polyethylene sheet. Domes were emitted from one of the cars of the cut made from sections of 4-inch diameter these tests were adverse because of rain. containing the nitromethane car. CSC The tests were made several days after pipe welded to the center of the body. did not participate in the August 20, Two dome heights or volumes were in­ the explosion. Two of the test samples 1958, hearing. Dr. Egly testified in the from ground holes showed small amounts vestigated. The large dome extended 2 instant proceeding that he had never inches above the car and the small dome of methane. seen nitromethane make a white vapor. The Bureau of Enforcement takes ex­ 1 inch. In both cases the top of the Dr. Egly’s reconstruction of the accident dome was closed with a welded %-inch ception to Dr. Egly’s statement that he is as follows: (1) Ammonia escaped from heard stories of two explosions from thick plate. To aid in identifying frag­ the bottom of the thick-walled car ments from these containers, the domes other people because Dr. Egly did not EORX-1660, fast enough so as not to ab­ produce names and/or affidavits from were painted blue, the body immediately sorb the rain or mist present in the below the dome yellow, the end plate any such observer. atmosphere, (2) ammonia vapor, mixed The IC contends that Dr. Egly’s pro­ bright orange and the rest of the body with air, exploded under car EORX-1660, maroon. These tests established that: posed reconstruction of the accident is hurling the tank and car-frame up and subject to doubts because: (1) The ex­ (1) A high velocity projectile passing to the west, (3) the frame of car EORX- through nitromethane does not directly plosion of the nitromethane car was 1660 came down and struck the nitro­ powerful enough to blow steel car parti­ cause ignition* deflagration or detona­ methane car GATX-29633, and (4) the tion, (2) adiabatic compression of vapor cles through the lime in the lime car. nitromethane detonated while the tank Dr. Egly testified that the lime car had or air in the container ignites the nitro­ of EORX-1660 was still in mid-air, methane which continues to bum as a to be empty or else the lime would stop shielded in the middle by another car. the particle, (2) the first explosion, in monopropellant if pressure is not re­ The IC in its brief describes the charac­ lieved, (3) where containers were 75-90 addition to lifting a freight car in the air, teristics of ammonia and states that just would have blown a crater in the ground. percent filled the nitromethane was more the right amount of ammonia had to es­ apt to detonate than when the con­ Dr. Egly testified that no such crater cape at that time and that the explosion existed, and (3) the gas tests conducted tainers were completely filled, whether would have blown a crater in the ground air or nitrogen was in the unfilled space, by CSC do not prove that gas was present contrary to Dr. Egly’s testimony. Dr. or if present, that it was ignited. (4) to produce detonation, critical pres­ Egly claimed to have support for his con­ sure must be maintained long enough The reconstruction of the two explo­ clusions as to a prior explosion from a sions is an area where no one can abso­ for the burning to proceed from ignition conversation with an unidentified by­ to detonation, (5) maintenance of criti­ lutely say just exactly what occurred. stander who said that he had heard two Dr. Egly’s reconstruction of the accidents cal pressure for the requisite time re­ explosions while riding in his car about quires a heavy walled container or con­ cannot be accepted as clear and convinc­ a mile from the scene of the Mount Pu­ ing proof of what happened at Niagara finement by the mass of nitromethane, laski accident. The people closest to the and (6) relatively small amounts of sta­ Falls and Mount Pulaski to cause accident, the train crew, described only the nitromethane explosions. However, bilizers were found to prevent detona­ one explosion and did not describe the when consideration is given to Dr. Egly’s tion in these heavy container tests. ammonia car being lifted in the air prior long experience with nitromethane, his

No. 74—8 FEDERAL REGISTER, VOL. 3 1 , NO. 74— SATURDAY, APRIL 16, 1 9 6 6 5924 NOTICES detailed investigation of both explosions While results may vary with slight Percent additive required and his later tests simulating the condi­ modification of the apparatus or test to reduce heavy confine­ tion surrounding the explosions on a method, results with nitromethane have Material ment test to— small scale, the conclusion is easily been so consistent that the American reached that his explanation of the ex­ Rocket Society Committee on Rocket 19 feet 13 feet plosions. is a distinct probability. In any Propellant Test Methods recommended event, what we are dealing with in this that commercial grade nitromethane be Toluene______15 21 proceeding is bulk transportation of used as a calibration standard because of Benzene______14 24 Butylene oxide______13 23 stabilized nitromethane and not com­ its predictability and uniformity. CSC Cyclohexanone______- 17 23 mercial nitromethane such as was in­ has adequately evaluated the shock sen­ Dioxane______19 26 1-Nitropropane______24 31 volved in the two explosions. sitivity of all of the proposed nitro­ Methanol______23 35 methane mixtures through extensive 2-Nitropropane______32 45 Additional T ests Conducted by CSC card gap tests. The card gap test is the Methylene chloride______34 42 A fter the 1958 Explosions Methyl chloroform...... - 31 50 standard test for evaluating shock sensi­ Nitroe thane______42 57 A. Card gap tests. After the 1958 ex­tivity, and within its physical limits, pro­ plosions CSC conducted extensive card vides a reliable source of relative shock CSC concluded that the percentage by gap tests at Terre Haute, the purpose be­ sensitivity. Dr. Damon of the Bureau of weight of the diluent must be sufficient ing to obtain information to supplement Mines described the card gap test, “It is to reduce the test height to 13 feet. the earlier Bureau of Mines work in find­ not the final criteria by any means, but Various calibration tests were run to ing and evaluating additives which it is an excellent criteria, one of the best eliminate variations attributable to the desensitize nitromethane and particu­ that we know.” bore hole diameter, test tube diameter, larly to investigate additives which B. Heavy confinement tests. Thetemperature, cap position and cap type. might desensitize nitromethane suffi­ card gap test is limited in usefulness in CSC has adequately evaluated the en­ ciently to allow its shipment in bulk. measuring the effect of stabilizing dilu­ ergy release of the proposed nitro­ The relative effectiveness of various ents once a zero card value is obtained. methane mixtures under conditions of diluents were obtained by comparing the Moreover, it depends on detonation and extreme pressure and temperatures by amount required to give a zero card gap may not indicate hazardous thermal de­ means of its heavy confinement cap test, value. Those results are summarized in compositions and ignitions. Because of and has established the relative safety the following table and are part of the this CSC used a heavy confinement cap of these mixtures in this respect as com­ basis of CSC’s recommendations as to test for measuring the stability of various pared with other materials transported the amount of various additives required chemicals and solutions when subjected in bulk. to render nitromethane safe for bulk to' high temperatures and pressures transportation: which can be created by adiabatic com­ E valuation of R elative S afety of pression and to determine the effective­ S tabilized N itromethane A mount of Additive R equired T o R educe N itro­ methane Sensitivity to Zero Card G a p ness of various additives in reducing the In this proceeding, three witnesses decomposition of nitromethane. Ap­ testified concerning the relative safety Percent by weight of paratus for this test consisted of a cyl­ of transporting stabilized nitromethane additive inder of cold rolled steel five inches in in bulk. Two of these witnesses, Dr. Additive diameter and six inches long. A one inch Egly of CSC and Dr. Damon of the Bureau of CSO (20 de­ diameter bore hole is bored through its Bureau of Mines gave their opinion that Mines (25 grees centi­ degrees centi­ grade) axis to a depth of four inches, and the stabilized nitromethane can be trans­ grade) top face of the block is grooved by a single ported in bulk with relatively much less radical cut y8-inch wide and yi6-inch susceptibility to accidental explosion 13 15 deep. A sample of the material to be than a number of other materials now 14 15 tested is placed in a test tube, an Atlas 20 transported in bulk. Both Dr. Egly and 20 No. 8 dynamite cap is inserted in the test Dr. Damon have spent many years study­ 30 tube, and the test tube and cap are in­ ing the characteristics of nitromethane. 30 30 40 serted in the steel block. A test weight They have participated in or supervised 30 40 of five pounds is placed on top of the all the tests discussed in this report and 45 50 block and the cap is detonated. By have written articles on nitromethane. 52 60 measuring the height to which the test Dr. Smith, testifying for the IC, gave weight is lifted on detonation it is pos­ his opinion that not enough is known sible to measure the energy release in­ about the chemical and physical prop­ The IC attempts to discredit this study volved. It was established through ex­ erties of nitromethane to allow a deci­ by showing certain variances between periments that commercial nitromethane sion to be made on the explosive hazards CSC’s results and the results obtained by produced an average height of 47.5 feet. of nitromethane. Dr. Smith has never the Bureau of Mines in its prior study. This may be compared with a test height participated in any tests with either These variances result in part from the commercial nitromethane or stabilized necessity of CSC to find a substitute for for two products commonly shipped in bulk, 90 percent x hydrogen peroxide nitromethane. His observations were the military explosive tetryl, utilized as based solely on knowledge gained from an initiating explosion by the Bureau of which produced a height of 39.1 feet and hydrazine which produced a height of textbooks. Mines and not commercially available. Some of Dr. Egly’s observations: CSC substituted 35.6 grams of a more 47.5 feet. Starting with the base date 1. On the basis of our experiments and powerful explosive, 50 percent pentolite of commercial nitromethane of 47.5 feet, general knowledge of nitromethane I which was adjusted so that CSC obtained it then becomes possible to measure the would expect that the stabilization of approximately the number of cards for effect of various additives on nitro­ these mixtures in the way we propose commercial nitromethane as had been methane as varying weight percentages would have prevented the explosion at reported by other experimenters who had were added. The following table meas­ either Mount Pulaski or Niagara Falls used tetryl. Another factor which had stabilized mixtures instead of com­ caused the results to be slightly different ures the effectiveness of various desensi­ was that the Bureau of Mines used 99 tizers in terms of the amount of additive mercial nitromethane been subjected to percent nitromethane and CSC used 95 required to reduce the heavy confinement the same hypothetical forces I have de­ percent nitromethane. test height to 13 feet and to 19 feet: scribed. I would expect nothing other

FEDERAL REGISTER, VOL. 3 1 , NO. 7 4 — SATURDAY, APRIL 16 , 1 9 6 6 NOTICES 5925 than a projectile going into the car and than nitromethane. Mixtures of nitro­ fied mixture of nitromethane and the- nitrogen leaking out of the hole. I feel methane and hydroxides may be main­ stabilizing compound. After the mix­ our rifle tests and our heavy confine­ tained in aqueous or alcohol solution ture is finally approved it is drummed ment cap tests support this. with little or no sensitizing effect and out in the nitroparaffin warehouses. The 2. In view of all of the experiments we these mixtures have been safely em­ drums are nitrogen blanketed and have conducted, it is my opinion that a ployed in such solutions for many years shipped. The drums are filled at a stabilized nitromethane mixture woud with no untoward results. Most acids loading station designated for nitro- not have exploded at Mount Pulaski or at are weak sensitizers for nitromethane paraffln only. No other product can be Niagara Falls. I can’t categorically say but in most cases quantities as high as filled in this area. Mixing tank G-43 is it wouldn’t, but I certainly would not be 15 percent by weight are required in then water washed by hose and steamed, afraid to be there. I am confident it order to get any significant sensitizing and the tank is dried out and made ready wouldn’t. effect. Soluble metal organic com­ for another blending operation. Some of Dr. Damon’s observations: pounds such as tetraethyl lead are Tank car shipments of stabilized ni­ 1. I have no information that would sensitizers. Nitromethane has been tromethane mixtures will be loaded in indicate that this stabilized nitro­ shipped regularly in ordinary steel the same manner as drums and CSC methane is not of equivalent safety to drums. After several years storage the will require tank cars to be of all welded many other hazardous chemicals now be­ drums are still shiny and the nitro­ construction without a bottom outlet. ing transported. methane is low in iron oxide (rust). CSC will also require that certain tank 2. The transportation of stabilized B. Effect on sensitization hazard of cars be set aside for service on stabilized nitromethane in bulk would probably be stabilizing nitromethane. In all in­ nitromethane mixtures only. Before no more hazardous than transporting stances the recommended stabilizing loading these tank cars will be steamed gasoline and ammonium nitrate. diluents desensitize nitromethane in such and dried out, each car swept clean Some of Dr. Smith’s observations: a way as to tend to overcome the sensi­ so that there would be no loose material 1. It is true that certain additives ap­ tizing effect of the aforementioned sensi­ in the tank car. Both before and after pear to lower the shock sensitivity of tizers. When ethylene diamine equiva­ the tank car is filled a sample is taken nitromethane; however, shock sensitive­ lent to 5 percent of the weight of from the tank car itself and analyzed. ness may not be the whole story because nitromethane was added to each of the A trained technical personnel of CSC shock was not a factor in the Mount proposed mixtures the sensitivity of the will enter each tank car before loading Pulaski explosion. Until the causes of mixtures showed very little change, all and inspect the car with PH indicating the tank car explosions are known, it were still zero card and less than 13 feet paper. This paper is used to detect the must be assumed that some unknown in height in the heavy confinement test. presence of a trace of acidic or alkaline chemical factors are involyed. Until CSC has never discovered an additive substance. The PH of the walls of the other unknown factors are identified and which significantly affects the sensitivity tank cars must be between 6.5 and 7.5 resolved, nitromethane must be con­ or rate of decomposition of nitromethane PH which assures freedom from acidic or sidered as unpredictable. when added in trace or catalytic quan­ akaline substances. When stabilized 2. Nitromethane is a tricky substance tities. A relative high percentage of the nitromethane mixtures are shipped in that is not fully understood. sensitizing material must be present to tank motor vehicles the same cleaning cause a significant decrease in the sta­ procedures will be followed. CSC’s traf­ E ffectiveness of 1- and 2- bility of nitromethane. N itropropane as S tabilizers fic department will be provided with a list C. Precautions against accidental con­ of materials that might contaminate or As stated supra, the New York Central tamination. The blending and loading sensitize nitromethane and no truck will states that it will not transport nitro­ procedure for stabilized nitromethane be accepted for loading that has carried methane mixed with 1 and 2 nitro- rules out any possibility of accidental any such materials in its last two trips. propanes. This decision was based on contamination from any foreign or sensi­ a statement by Dr. Damon that nitro- tizing material which would create any S tability of N itromethane Mixtures propane was the only additive that he hazard in connection with the bulk ship­ had any questions about. Dr. Damon ments of stabilized nitromethane mix­ The IC argues that one of the most admitted that his statement was based tures either by rail tank car or tank important questions in this proceeding is on his feelings and not on any tests he truck. For blending nitromethane with under what circumstances does nitro­ had made. In fact he stated that the other stabilizing compounds CSC has a methane decompose over a period of Bureau of Mines ran nitropropane tests 20,000 gallon mixing tank designated time and what changes are there in its and their data was consistent with CSC G-43 equipped with an agitator and cir­ composition that might affect transpor­ data. Dr. Damon further stated: “I culating pump. A specified volume of tation and storage in bulk. have no objection if the Commission the stabilizing compound to be mixed The evidence shows that all of the desires to allow this.” Dr. Egly testified with nitromethane is first pumped into stabilizing diluents are readily miscible3 that he had never heard of anybody the mixing tank and the stabilizing com­ with nitromethane and remain so for detonating nitropropane at temperatures pound is circulated and agitated. A an indefinite period of time under the likely to be encountered. CSC currently specified amount of nitromethane is then extreme ranges of pressure and temper­ stores for its own use a 50-50 mixture transferred from an underground storage ature which would be encountered of nitromethane and nitropropane. tank where it is stored. There are four in transportation. CSC has compared tanks designated G-16A, G-16B, G-18A, E valuation of Other P ossible T rans­ samples of the stabilized nitromethane and G-18B. These tanks are for finished mixtures with samples stored for 9 portation H azards—S tabilized N itro­ nitromethane and are protected by an methane Mixtures months or longer and found no evidence earth covering. The amount of stabiliz­ of decomposition or reaction between A. Sensitizers of unstabilized nitro­ ing compound and of nitromethane nitromethane and the stabilizers. In 30 methane—generally. The most effec­ introduced into mixing tank G-43 is years experience in working with nitro­ tive sensitizer for nitromethane which determined by tank measurement. Cir­ methane CSC has encountered no chem­ does not itself contain available energy culation and agitation of the stabilizing ical reactions which might occur at or is ethylene diamine which in quantities compound and the nitromethane con­ near normal temperatures and pressures of 1 or 2 percent by weight greatly tinues for at least an hour after the over a period of time. Many tests and increases the sensitivity of nitromethane. nitromethane addition has been com­ analyses were run on nitromethane Generally any of the organic amines are pleted. At the end of this period, a samples which have been stored in steel sensitizers to nitromethane. Mixture of representative sample of the mixture is drums or steel storage tanks for ex­ nitromethane with anhydrous bases, taken from tank G-43 by a technician tended periods, frequently for a year or such as hydroxide should be avoided be­ from CSC’s central laboratory. The longer. CSC has never found evidence cause they can react vigorously enough sample is analyzed in the laboratory by and with enough release of heat that use of gas chromatography. In accord­ 3 Nitromethane and diluents are readily they set the nitromethane on fire. The ance with the test results, adjustments mixed and are completely soluble, one in nitronic acid salts are more sensitive would be made as needed in the speci­ the other, in all proportions.

FEDERAL REGISTER, VOL. 3 1 , NO. 74— SATURDAY, APRIL 16, 1 9 6 6 5926 NOTICES of any decomposition of nitromethane Monticello, Ark., definitely established In cents under storage conditions whether test­ that the fire hazards involved in the Rail: per pound Tank car______,______0 ing by chemical analyses or by more transportation of stabilized nitrometh­ Carload (drums)______2. 5 sensitive analytical procedures such as ane mixtures are less than those en­ Less carload (drums)______4.0 infrared visible or ultra violet spectros­ countered with most other solvents or Truck: copy, gas chromatography, and mass with gasoline. On March 22, 1962, a Tank truck______0 spectroscopy. Test samples of nitro­ tractor-trailer unit containing 60 drums Truckload (drums)______2.5 methane from CSC and other sources of unstabilized nitromethane and one Less truckload (drums)______4.0 were sent in 1958 by the Bureau of Ex­ drum of a 70-30 mixture of nitrometh­ If bulk shipments were available for plosives of the AAR to an outside con­ ane and methanol, collided with a stabilized nitromethane mixtures these sulting laboratory for analytical study train. Some of the drums were squashed mixtures would have a lower delivered and they reported finding nothing except and cut up. A fire broke out and burned cost per pound. While the 2V2 cent the normal constituents of commercial for some time and many of the drums differential would to some extent be off­ nitromethane. Samples of all of the were in the hotter part of the fire. There set by the minor costs of the mixing mixtures used for card gap and heavy was no decomposition of the nitrometh­ operations there would still be substan­ confinement tests were checked approx­ ane and there were no detonations. tial savings through bulk shipments. In imately 9 months after they were mixed The drums involved in the collision and the eastern part of the United States, and their chemical contents were in the fire ruptured and some of the con­ nitromethane sales for 31 cents a pound unchanged. tents were spilled. The contents of 27 delivered. The 2% cents per pound drums still were intact and were sent N itrogen B lanketing savings bulk over drum represents some­ back to CSC’s plant at Sterlington for thing less than 10 percent of the de­ CSC presently puts a nitrogen blanket salvage. Thè conclusion is easily livered price. on top of its 55-gallon drum shipments reached that the fire hazards involved in CSC believes that if it were permitted of nitromethane. It does not propose to the transportation of stabilized nitro­ to ship stabilized nitromethane mixtures do so in bulk shipments of stabilized methane mixtures are less than those in bulk, a market of approximately 1.5 nitromethane mixtures and both the IC encountered with most other solvents or million pounds annually could be de­ and the Bureau of Enforcement contend with gasoline. veloped very quickly. The expansion of the entire market for all nitroparaffins that the absence of a nitrogen blanket P ast T ransporation Volume— is dependent in part on CSC’s ability to will detract from safety. CSC can very N itromethane easily put a nitrogen blanket over the market nitromethane which is a co­ stabilized nitromethane in a tank car. Prior to the 1958 embargo CSC was product in the manufacture of nitro­ The difficulty is that in so large an area shipping nitromethane in bulk by rail paraffins. All of the other nitropar­ and with so many valves the nitrogen tank car and by tank truck from both affins move without restriction in bulk would probably leak out. The same rea­ Peoria, HI., and Sterlington. The ap­ shipments and all are important com­ soning applies to tank trucks. More proximate volume of all nitromethane mercial chemicals. For example, 2- important, many tests by CSC show that shipped in 1957 is as follows: nitropropane is used as a solvent for there is a very slight difference between vinyl, epoxy, and acrylic resins in pro­ nitrogen and oxygen as a safety pre­ From Sterlington: Pounds tective coatings. Derivatives of nitro- caution measure. In tank cars, rail______1,652, 000 ethane and 1-nitropropane are used in In tank trucks______100,000 the drug and the rubber industry. If the S tabilized N itromethane Mixtures as a In drums, rail------300, 000 In drums, truck______75,000 embargo were lifted on bulk shipments of F ire H azard stabilized nitromethane mixtures it Nitromethane presents much less a 2,127,000 would aid CSC in developing a full mar­ fire hazard than most solvents. It has From Peoria: = = = = = ket for the entire nitroparaffin group. a relatively high flash point and ignition In tank cars, rail______75,000 Dow Chemical Co. supports CSC’s pro­ temperature. The lower flammable limit In tank trucks______100,000 posed amendment. In 1964 Dow re­ of nitromethane vapors in air has been In drums, rail______75, 000 ceived approximately 60,000 gallons of found to be 7.3 percent by volume. This In drums, truck______125, 000commercial grade nitromethane and is one of the highest limits of any organic 375,000 during the first 6 months of 1965, ap­ liquid. This value had to be determined proximately 33,000 gallons. The finan­ at temperatures about 91 degrees fahren- In 1964 all shipments of nitromethane cial savings inHhe price of material and heit since at lower temperatures (at were by truck in 55-gallon drums from the cost of handling the bulk versus the atmospheric pressure) this amount of Sterlington in amounts somewhat great­ drummed materials are Dow’s primary nitromethane cannot be maintained in er than the totals moved by both truck interests. Dow has been using nitro­ the vapor phase and flammable mixtures and rail in 1957. The range of size of methane for the past 6 years and has not in air are not formed. While nitro­ shipihents is from a single drum of 500 experienced any accidents. methane can utilize its own oxygen so pounds up to a truckload of drums ag­ P rotection of U sers and P ublic that it does not require a very high rate gregating 25-35,000 pounds. Seventy- G enerally of air or oxygen to bum completely, it five percent of the shipments were in will not at ordinary pressures bum in truckload lots. In 1965 CSC shipped ap­ Liberty Mutual Insurance Co., Boston, the absence of air or oxygen, and a flame proximately 500,000 to 1,000,000 pounds Mass., presently insures CSC for $1,- is readily smothered. Its heat or com­ more than it did in 1957. This is spread 000,000 applicable to the transportation bustion per unit weight is only a fraction between 75 and 100 customers. of nitromethane in barrels or drums. of that of hydrocarbon fuel so that a CSC estimates that at least 50 percent Prior to the 1958 embargo the insurance nitromethane fire generates less heat of its nitromethane shipments will move limits were $300,000 per person, $3,- and spreads more slowly than most fires. in bulk if the embargo is modified to per­ 000,000 for a single accident and Moreover, a nitromethane fire is readily mit bulk shipments of the proposed $1,000,000 per policy year on property extinguished by water. Considerable wa­ stabilized mixtures. The longer hauls damage. No adjustments were made in ter will dissolve in hot nitromethane re­ will be by rail and the shorter by truck. the policy after the Niagara Falls ex­ ducing its temperature and combustibil­ The principal advantage of bulk move­ plosion but after the Mount Pulaski ity. When larger amounts of water are ments will be the more economic distri­ explosion the policy was reduced to added the water will float and form a film bution of nitromethane. Nitromethane $1,000,000 for both bodily and property over the denser nitromethane, thus ef­ is sold on a delivered basis and reflects damage and nitromethane being trans­ fectively smothering out the fire. Nitro­ the added cost of plant handling and ported was excluded. This exclusion methane fires are also easily extinguished containers where drum shipments are continued until 1959 when the Commis­ with carbon dioxide and dry chemical made, in addition to the differentials in sion approved drum shipments of nitro­ agents. freight costs. On other nitroparaffins methane. In 1964 after a review of the The behavior of nitromethane during the differential in drum prices and bulk available information relating to the the fire that followed an accident at prices are as follows: relative safety of stabilized nitromethane

FEDERAL REGISTER, VOL. 3 1 , NO. 74— SATURDAY, APRIL 1 6 , 1 9 6 6 NOTICES 5927 mixtures for bulk shipments Liberty plosion to the Commission. As with most (c) Exhibit an average height of 13 Mutual issued an endorsement to CSC petitioners, CSC waited until all of its feet or less under the CSC heavy confine­ policy covering stabilized nitromethane tests were completed before coming to ment test, and mixtures for bulk shipment as outlined the Commission. CSC’s heavy confine­ (d) Exhibit no properties which might in the September 16, 1963, report of ment test for measuring stability of contraindicate manufacture, shipments, Nitromethane Committee of CSC, all nitromethane mixtures was not com­ or use. subject to ICC approval of bulk ship­ pleted until 1963 and its card gap test for ments. The September 16, 1963 report determining shock sensitiveness was not will be permitted upon demonstration lists the proposed diluents. The policy completed until 1962. The Bureau of to the appropriate Commission staff per­ limits are at a single aggregate of sonnel that' the foregoing conditions are Enforcement asks why CSC’s tests were met in the case of each such mixture. $ 1,000,000. not shown to the Bureau of Explosives In addition to Liberty Mutual policy, Of the AAR. As stated supra, the Bureau It is the further order of the examiner CSC has $20,000,000 excess insurance to of Explosives not only reviewed the tests that in the absence of a stay or post­ cover third party liability. It is carried made by CSC but made tests of its own. ponement by the Commission or the by Lloyds of London and follows Liberty The Bureau of Enforcement argues at timely filing of exceptions, the effective Mutual’s policy in all details. They are great length that the majority of CSC’s date of this order shall be 60 days from both three year policies. If in the second tests were conducted after the 1958 ex­ the date of service thereof. month of the policies there is an acci­ plosions. The evidence shows that the By the Commission, Albert E. Luttrell, dent or some disaster that causes the two Bureau of Mines tests were started in Hearing Examiner. insurance companies to pay out $21,- 1955. In addition, prior to 1958 commer­ Dated at Washington, D.C., this 31st 000,000, the policies are exhausted. cial nitromethane had been transported day of March A.D. 1966. The IC argues that CSC should in­ in bulk for many years without ex­ clude the railroads in the insurance ploding. [seal] H. Neil Garson, policies. The policies already provide Based on all the evidence in this pro­ Secretary. third party protection when it can be ceeding the examiner finds that the rela­ IF.R. Doc. 66-4153; Filed, Apr. 15, 1966; proven that stabilized nitromethane ex­ tive safety of stabilized nitromethane 8:45 a.m.] plosions caused damages. mixtures transported in bulk by railroad The evidence shows that CSC distrib­ tank cars and by tank trucks has been utes to its customers technical data established. [Notice 165] sheets which describe nitromethane and The examiner agrees with the Bureau MOTOR CARRIER TEMPORARY methods to assure safe storage and han­ of Explosives of the AAR that the words, AUTHORITY APPLICATIONS dling of this chemical. “when approved for transportation by the Bureau of Explosives” should be April 13,1966. Discussion and Findings omitted from the Commission’s new The following are notices of filing of The exhaustive tests conducted by CSC regulations. applications for temporary authority un­ and for CSC by others together with the The request of the New York Central der section 210a(a) of the Interstate opinions of the two experts who have that the petitioner be required to furnish Commerce Act provided for under the spent many years working with nitro­ samples of the stabilized nitromethane new rules in Ex Parte No. MC 67 (49 methane is clear and convincing proof mixtures to the railroads or to a third CFR Part 240) published in the F ed­ that the mixtures of nitromethane with party is a matter to be resolved by CSC eral Register, issue of April 27, 1965, stabilizing diluents in the proportions and the New York Central. effective July 1, 1965. These rules pro­ recommended by CSC can be transported Order. It is the order of the examiner vide that protests to the granting of an in bulk in railroad tank cars and in tank that the Commission’s order of Septem­ application must be filed with the field trucks without significant hazard from ber 10, 1958 (23 F.R. 7278), governing the official named in the F ederal Register accidental explosions. The stabilizing transportation of nitromethane, be and publication, within 15 calendar days after diluents slow down the burning rate of it is hereby, amended to permit the fol­ the date notice of the filing of the appli­ the mixture so that even if adiabatic lowing stabilized nitromethane mixtures cation is published in the F ederal pressure ignites the mixture there is time to be transported in bulk in railroad tank Register. One copy of such protest for pressure relief through relief devices cars and tank trucks constructed of car­ must be served on the applicant, or its or rupture of the container thereby pre­ bon or other steel: authorized representative, if any, and venting detonation. Nitromethane is a 1. the protest must certify that such serv­ useful and important industrial chemi­ Minimum ice has been made. The protest must be cal, usage of which would be facilitated amount of specific as to the service which such and increased if bulk shipments of sta­ stabilizing Protestant can and will offer, and must bilized mixtures were permitted with liquid in consist of a signed original and six (6) attendant economies and added plant mixture copies. {percentage safety. CSC’s blending and loading pro­ of weight) A copy of the application is on file, and cedures rules out any possibility of acci­ can be examined, at the Office of the Cyclohexane _____ — 25 dental contamination from any foreign T o lu en e______---- 30 Secretary, Interstate Commerce Com­ or sensitizing material which would cre­ Benzene ______—_ 30 mission, Washington, D.C., and also in ate any hazard in connection with the 1,2-Butylene Oxide. —_ 30 the field office to which protests are to bulk shipment of stabilized nitromethane 1,4-Dioxane ______35 be transmitted. Methanol ______mixtures either by rail tank car or by __ 40 Motor Carriers op P roperty tank trucks. 1- Nitropropane______45 The remaining arguments of the Bu­ 2- Nitropropane______45 No. MC 24280 (Sub-No. 2 TA), filed April 8, 1966. Applicant: H. PORTER reau of Enforcement and the IC are not Rail tank cars used for transportation convincing. Both parties contend that LANGE AND ROBERT A. LANGE, do­ of stabilized nitromethane should be of ing business as LANGE TRANSFER & the tests conducted by and for .CSC cover welded construction with provision for only CSC’s reconstruction of the 1958 STORAGE COMPANY, 615 West Dale top unloading and sealing off of bottom Street, Muskegon, Mich. Applicant’s explosions, that a high energy object outlets, and should be confined to nitro- struck the tank cars and adiabatic com­ representative: Wilhelmina Boersma, paraffin service. 1001 Woodward Avenue, Detroit, Mich., pression caused the explosions. On the 2. Transportation of other stabilized contrary, CSC tests and the Bureau of 48226. Authority sought to operate nitromethane mixtures which are: as a common carrier, by motor vehicle, Mines tests covered all three ways in (a) Completely miscible at tempera­ which nitromethane can be detonated. over irregular routes, transporting; tures likely to be encountered in trans­ Cosmetics and toilet preparations and The Bureau of Enforcement contends portation, advertising and sales materials mov­ that it is strange that CSC waited 7 (b) Exhibit zero card gap by the CSC years to bring its version of the 1958 ex­ ing in connection therewith, restricted tests, to deliveries of not in excess of 500

FEDERAL REGISTER, VOL. 3 1 , NO. 74— SATURDAY,. APRIL 16, 1 9 6 6 5928 NOTICES pounds to any one destination, from to: Ellis L. Annett, District Supervisor, Houston, and Dallas, Tex.; Oklahoma Muskegon, Mich., to points in that part Bureau of Operations and Compliance, City, Okla.; Omaha, Nebr.; Minneapolis, of Michigan on, north, and west of a Interstate Commerce Commission, 227 Minn.; Chicago, 111.; St. Louis and Kan­ line commencing at Muskegon and ex­ Federal Office Building, Des Moines, sas City, Mo.; Little Rock, Ark.; New Or­ tending along Michigan Highway 46 to Iowa, 50309. leans, La.; Memphis and Nashville, its junction with M57; thence over M57 No. MC 107496 (Sub-No. 467 TA), Tenn.; Louisville, Ky.; Birmingham, to its junction with M15; thence over filed April 8, 1966. Applicant: RUAN Ala.; Atlanta, Ga.; Jacksonville, Fla.; Ml 5 to Bay City, and also points in TRANSPORT CORPORATION, Keo- Charlotte, N.C.; Richmond, Va.; Balti­ Kent, Allegan and Ottawa Counties, sauqua Way at Third Street, Post Office more, Md.; Cincinnati and Cleveland, Mich., with return of damaged and re­ Box 855, Des Moines, Iowa, 50309. Ap­ Ohio; Pittsburgh and Philadelphia, Pa.; jected shipments, for 180 days. Sup­ plicant’s representative: H. L. Fabritz Detroit, Mich.; Buffalo and New York, porting shipper: Avon Products, Inc., 175 (same address as above). Authority N.Y.; Boston, Mass.; and Washington, Progress Place, Springdale, Ohio, 45201. sought to operate as a common carrier, D.C., for 180 days. Supporting shipper: Send protests to: C. R. Flemming, by motor vehicle, over irregular routes, Board of Governors of the Federal Re­ District Supervisor, Bureau of Operations transporting: Anhydrous ammonia, in serve System, Washington, D.C., 20551. and Compliance, Interstate Commerce bulk, in tank vehicles, from Crystal City, Send protests to: Raymond E. Mauk, Commission, 221 Federal Building, Lan­ Mo., to points in Illinois, Indiana, Iowa, District Supervisor, Bureau of Operations sing, Mich., 48933. Kansas, Oklahoma, Kentucky, Tennes­ and Compliance, Interstate Commerce No. MC 98154 (Sub-No. 4 TA), filed see, Ohio, and Arkansas, for 150 days. Commission, 1086 U.S. Courthouse and April 8, 1966. Applicant: BRUCE Supporting shipper: Armour Agricul­ Federal Office Building, 219 South Dear­ CARTAGE, INCORPORATED, 3460 East tural Chemical Co., Box 1685, Atlanta, born Street, Chicago, 111., 60604. Washington Road, Saginaw, Mich., Ga., 30301. Send protests to: Ellis L. No. MC 128036 TA (Amendment), filed 48601. Applicant’s representative: Wil­ Annett, District Supervisor, Bureau of March 24, 1966, published F ed e r a l R e g ­ liam Parsley, Union Savings & Loan Operations and Compliance, Interstate is t e r , issue of March 31, 1966, and re­ Building, Lansing, Mich., 48933. Au­ Commerce Commission, 227 Federal Of­ published as amended this issue. Ap­ thority sought to operate as a common fice Building, Des Moines, Iowa, 50309. plicant: COR-O-VAN CORPORATION, carrier, by motor vehicle, over irregular No. MC 108207 (Sub-No. 187 TA), filed 144 B Avenue, Coronado, Calif. Appli­ routes, transporting: Cosmetics and April 8, 1966. Applicant: FROZEN cant’s representative: Alan F. Wohl- toilet preparations and advertising sales FOOD EXPRESS, Post Office Box 5888, stetter, 1 Farragut Square South, Wash­ materials moving in connection there­ 318 Cadiz Street, Dallas, Tex., 75222. ington, D.C., 20006. Authority sought to with for Avon Products, Inc., from Applicant’s representative: J. E. McClel­ operate as a common carrier, by motor Grand Rapids and Lansing, Mich., to lan (same address as above). Authority vehicle, over irregular routes, transport­ points in Michigan, for 180 days. Sup­ sought to operate as a common carrier, ing: Household goods, as defined by the porting shippers: Avon Products, Inc., by motor vehicle, over irregular routes, Commisison, (1) between points in San 175 Progress Place, Springdale, Ohio, transporting: Cheese spreads and dips, Diego, Orange, and Riverside Counties, 45201. Send protests to: C. R. Flem­ from Fort Worth, Tex., to points in In­ Calif., within a 75-mile radius of San ming, District Supervisor, Bureau of diana, for 150 days. Supporting ship­ Diego Harbor, Calif., and (2) between Operations and Compliance, Interstate per: Lyle Searcey Brokerage Co., 318 Ca-. points in San Diego County, Calif., on the Commerce Commission, 221 Federal diz Street, Room 107A, Dallas, Tex., one hand, and, on the other, points in Building, Lansing, Mich., 48933. 75207. Send protests to: E. K. Willis, Los Angeles Harbor, Calif., restricted to No. MC 102616 (Sub-No. 795 TA), filed Jr., District Supervisor, Bureau of Oper­ shipments having a prior or subsequent April 11, 1966. Applicant: COASTAL ations and Compliance, Interstate Com­ movement in containers beyond said TANK LINES, INC., 501 Grantley Road, merce Commission, 513 Thomas Building, counties, and further restricted to pick­ York, Pa., 17405. Applicant’s represen­ 1314 Wood Street, Dallas, Tex., 75202. up and delivery service incidental to tative: S. E. Smith (same address as No. MC 112617 (Sub-No. 227 TA), filed and in connection with packing, crating, above). Authority sought to operate as April 8, 1966. Applicant: LIQUID and containerization, or unpacking, un­ a common carrier, by motor vehicle, over TRANSPORTERS, INC., Post Office Box crating, and decontainerization of such irregular routes, transporting: Cement, 5135, Cherokee Station, Louisville, Ky., shipments, for 180 days. Supporting in bulk, in tank type vehicles, from the 40205. Applicant’s representative: K. G. shippers: Home-Pack Transport, Inc., Flexi-Flo terminal facilities of the New Helfrich (same address as above). Au­ 57-48 49th Street, Maspeth, N.Y., 11378; York Central System at North Bergen, thority sought to operate as a common Smyth Worldwide Movers, Inc., 11616 N.J., to points in New Jersey, New York, carrier, by motor vehicle, over irregular Aurora Avenue North, Seattle, Wash., N.Y., and points in Suffolk, Nassau, West­ routes, transporting: Liquid sugar, syr­ 98133. Send protests to:. W. J. Huetig, chester, and Rockland Counties, N.Y., ups or blends thereof, in tank vehicles, District Supervisor, Bureau of Oper­ and Fairfield County, Conn., for 180 days. from the loading site of the Bryant Co., a ations and Compliance, Interstate Com­ Supporting shipper: Lone Star Cement broker for Godchaux Sugar Co., in Louis­ merce Commission, Room 7708, Federal Corp., 100 Park Avenue, New York, N.Y., ville, Ky., to points in Illinois, Indiana, Building, 300 North Los Angeles Street, 10017. Send protests to: Robert W. Kentucky, Ohio, Tennessee, and West Los Angeles, Calif., 90012. This amend­ Ritenour, District Supervisor, Bureau of Virginia, for 180 days. Supporting ship­ ment adds (2) above, not included in Operations and Compliance, Interstate per. C. O. Perez, Jr., traffic manager, God­ previous publication. Commerce Commission, 218 Central In­ chaux Sugar Refining Co., Post Office No. MC 128091 TA, filed April 8, 1966. dustrial Building, 100 North Cameron Box 308, Reserve, La., 70084. Send pro­ Applicant: JOHN DOUGLAS ARNOLD, Street, Harrisburg, Pa., 17101. tests to: Wayne L. Merilatt, District Su­ doing business as INTERPLANT CART­ No. MC 107496 (Sub-No. 466 TA), pervisor, Bureau of Operations and Com­ AGE, 19 Thomdale Avenue, St. Cath­ filed April 8, 1966. Aiiplicant: RUAN pliance, Interstate Commerce Commis­ arines, Ontario, Canada. Applicant’s TRANSPORT CORPORATION, Keosau- sion, 426 Post Office Building, Louisville, representative: Robert D. Gunderman, qua Way at Third Street, Post Office Box Ky., 40202. 400 Erie County Savings Bank Building, 855, Des Moines, Iowa, 50309. Appli­ No. MC 124328 (Sub-No. 22 TA), filed Buffalo, N.Y., 14202. Authority sought cant’s representative: H. L. Fabritz (same April 8, 1966. Applicant: BRINK’S, to operate as a common carrier, by motor address as above). Authority sought to INCORPORATED, 234 East 24th Street, vehicle, over regular routes, transport­ operate as a common carrier, by motor Chicago, 111., 60616. Authority sought ing: Front end loader and lift truck vehicle, over irregular routes, transport­ to operate as a contract carrier, by mo­ parts; lock hardware, between the ports ing: Fertilizer slurry mix, in bulk, from tor vehicle, over irregular routes, trans­ of entry on the international boundary plantsite of Walnut Grove Products in porting: Federal reserve notes (new, un­ line between the United States and Can­ Fonda and Shell Rock, Iowa, to points in fit, and those in circulation) , between ada, located at the Niagara River cross­ Minnesota, for 180 days. Supporting Seattle, Wash.; Portland, Oreg.; San ings and Buffalo, N.Y., for 150 days. shipper: Walnut Grove Products, division Francisco and Los Angeles, Calif.; Supporting shipper: Eaton, Yale & of W. R. Grace & Co., Second and Linn Helena, Mont.; Salt Lake City, Utah; Towne, Yale Crescent, St. Catharines, Streets, Atlanta, Iowa. Send protests Denver, Colo.; El Paso, San Antonio, Ontario. Send protests to: George M.

FEDERAL REGISTER, VOL. 3 1 , NO. 74— SATURDAY, APRIL 16, 1 9 6 6 NOTICES 5929 Parker, District Supervisor, Bureau of Belle, Mo., to St. Louis, Mo.; general izing the transportation of, among other Operations and Compliance, Interstate commodities except those of unusual things, floor coverings, and materials, Commerce Commission, 324 Federal Of­ value, classes A and B explosives, and supplies and equipment used or useful fice Building, Buffalo, N.Y., 14203. household goods, from Belle, Mo., and in the installation, manufacture and By the Commisssion. a plantsite approximately 6 miles south­ shipping of floor coverings, between west of Belle, Mo.; fresh meat and pack­ Philadelphia, Pa., on the one hand, and, [seal] H. Neil Garson, inghouse products from East St. Louis, on the other, Baltimore, Md., Washing­ Secretary. 111., and Meta, Mo.; livestock between ton, D.C., and points in the New York, [PE. Doc. 66-4164; Filed, Apr. 15. 1966; Belle, Mo., and points and places within N.Y. commercial zone, as defined by the 8:46 a.m.] 15 miles of Belle, on the one hand, and, Commission. Jacob J. Siegel, 1529 Wal­ on the other, National Stock Yards, 111., nut Street, Philadelphia, Pa., 19102, and mixed feed and fertilizer from East [Notice 1328-A] attorney for applicants. St. Louis, 111., to Belle, Mo., and points No. MC-FC-68598. By order of April MOTOR CARRIER TRANSFER and places within 15 miles of Belle, with 11, 1966, the Transfer Board approved PROCEEDINGS no transportation on return except as the transfer to Middlesex Transportation otherwise authorized. Thomas P. Rose, Co., a corporation, Iselin, N.J., of cer­ April 13, 1966. Jefferson Building, Jefferson City, Mo., tificate No. MC-119237, issued January Application filled for temporary au­ attorney for applicants. 22, 1960, to Frederick M. Greasheimer, thority under section 210(a) (b) in con­ No. MC-F-68522. By order of April Iselin, N.J., authorizing the transporta­ nection with transfer application under 11, 1966, the Transfer Board approved tion of, among other things, liquors, from section 212(b) and Transfer Rules, 49 the transfer to Frank T. Taber, Inc., Philadelphia, Pa., to Jersey City and CFR Part 179: North Scituate, R.I., of certificate in No. Perth Amboy, N.J., and from Peekskill, No. MC-FC-68739. Application filed MC-98169 (Sub-No. 1), issued December N.Y., to Perth Amboy, N.J. Donald E. t April 11, 1966, by AMY TRANSPORTA­ 31,1963, to Frank T. Taber, North Scitu­ Freeman, 172 East Green Street, Post TION CORF., 100 East Old Country ate, R.I., authorizing the right to engage Office Box 880, Westminster, Md., 21157, Road, Mineola, N.Y., for temporary au­ in transportation in interstate or foreign attorney for applicants. thority to lease the operating rights of commerce as a common carrier corre­ P.A.L. TRANSPORTATION CO., INC. sponding in scope to certificate of public [seal] H. Neil Garson, (Debtor in possession), 202 Plymouth convenience and necessity No. MC-304, Secretary. Street, Brooklyn, N.Y. The transfer to dated June 23, 1948, issued by the public [F.R. Doc. 66-4166; Filed, Apr. 15, 1966; AMY TRANSPORTATION CORP., of utility administrator of the State of 8:46 a.m.] the operating rights of P.A.L. TRANS­ Rhode Island. Russell B. Cumett, 36 PORTATION C9., INC. (Debtor in pos­ Circuit Drive, Edgewood Station, R.I., session), is still pending. attorney for applicants. [No. 34667] No. MC-FC-68568. By order of April [seal] H. Neil Garson, MIDDLEWEST, CENTRAL AND Secretary. 11, 1966, the Transfer Board approved the transfer to M. L. Stephenson, doing SOUTHWEST STATES [F.R. Doc. 66-4165; Filed, Apr. 15, 1966; business as M. L. Stephenson Trucking, 8:46 a.m.] Cleveland, Tenn., of the operating rights Per-Shipment and Minimum in permit No. MC-126031 (Sub-No. 1), Charges [Notice 1828] issued September 29, 1965, to Hubert L. Murray, Ooltewah, Tenn., pursuant to It appearing, that by order dated MOTOR CARRIER TRANSFER No. MC-FC-67845, authorizing the January 4, 1966, respondents were noti­ PROCEEDINGS transportation, over irregular routes, of fied and required, in the discharge of dry fertilizer from Tyner, Tenn., and their burden of proof, to submit certain April 13, 1966. creosoted posts from Sweetwater, Tenn., evidence and supporting data as specified Synopses of orders entered pursuant to to points in specified areas in Georgia therein; section 212(b) of the Interstate Com­ and Alabama, and fertilizer and fertilizer And it further appearing, that upon merce Act, and rules and regulations pre­ materials from Hanceville, Ala., and consideration of the petition filed with scribed thereunder (49 CFR Part 179), Carrollton, Ga., to points in specified the Commission on March 4, 1966, the appear below: counties in Tennessee and Georgia, with Middlewest Motor Freight Bureau on be­ As provided in the Commission’s special certain restrictions. Robert E. Bom, half of respondents herein, seeking rules of practice any interested person 1600 First Federal Building, Atlanta, Ga., modification of the Commission’s order may file a petition seeking reconsidera­ 30303, attorney for applicants. dated January 4, 1966, and of the reply tion of the following numbered proceed­ No. MC-FC-68575. By order of April thereto filed on March 16, 1966, by The ings within 20 days from the date of 11, 1966, the Transfer Board approved National Industrial Traffic League; and publication of this notice. Pursuant to the transfer to Mid State Transports, for good cause appearing therefor: section 17(8) of the Interstate Com­ Inc., Idaho Falls, Idaho, of the certificate It is ordered, That the order of Janu­ merce Act, the filing of such a petition of registration in No. MC-121148 (Sub- ary 4, 1966, insofar as it requires all re­ will postpone the effective date of the No. 1), issued October 27,1965, to Robert spondents in this proceeding to report order in that proceeding pending its A. Collins, Idaho Falls, Idaho, evidencing to the Commission the carrier-affiliate disposition. The matters relied upon by the right to engage in transportation in relationships and transactions to reflect petitioners must be specified in their interstate or foreign commerce corre­ the most recent annual reporting period, petitions with particularity. sponding to IPUC Permit No. 1677, First be, and it is hereby, modified to require No. MC-FC-68521. By order of April Amended, dated September 23, 1954, is­ that detailed data regarding carrier-af­ 11, 1966, the Transfer Board approved sued by the Idaho Public Utilities Com­ filiate financial and operating relation­ the transfer to Abel’s Transfer Service, mission. Kenneth G. Bergquist, 1110 ships and transactions be reported only Inc., Belle, Mo., of certificates in Nos. Bank of Idaho Building, Boise, Idaho, by the Class I and n motor carriers par­ MC-77368 and MC-77368 (Sub-No. 1), 83702, attorney for applicants. ticipating in the four tariffs of the Mid­ issued October 30,1956, and February 20, No. MC-FC-68597. By order of April dlewest Motor Freight Bureau here un­ 1957, respectively, to Zetta L. Branson, 11, 1966, the Transfer Board approved der investigation when such transaction doing business as Abel’s Transfer Serv­ the Transfer to Shanahan Motor Lines, individually, or in the aggregate, amount ice, Belle, Mo., authorizing the trans­ Inc., Philadelphia, Pa., of certificates to $2,500 or more during the year 1965. portation of general commodities, ex­ Nos. MC-77649, issued August 24, 1962, It is further ordered, That insofar as cept those of unusual value, dangerous MC-77649 (Sub-Nor 3), issued April 22, the January 4, 1966, order herein re­ explosives, household goods^ commodi­ 1963, and MC-77649 (Sub-No. 5), issued ferred the instant proceeding to Hear­ ties in bulk, commodities requiring spe­ June 3, 1965, to Timothy J. Shanahan, ing Examiner Richard S. Ries for hear­ cial equipment, and those injurious or HI, doing business as Shanahan Trans­ ing on June 14,1966, be, and it is hereby, contaminating to other lading, from portation Co., Philadelphia, Pa., author­ vacated and set aside.

FEDERAL REGISTER, VOL. 3 1 , NO. 74— SATURDAY, APRIL 16, 1 9 6 6 5930 NOTICES It is further ordered, That the above- the order or orders of investigation points in Delaware, Maryland, New entitled proceeding be, and it is hereby, herein, Jersey, New York, and Pennsylvania, to referred to Hearing Examiner Robert (2) Specifically make written request Clarkwood, Corpus Christi, Flour Bluff, C. Bamford for hearing commencing on to the Secretary of the Commission to Gregory, and Ingleside, Tex. June 14, 1966, at 9:30 o’clock a.m. U.S. be included on the service list, or Grounds for relief—Market competi­ standard time (or 9:30 o’clock a.m. (3) Have appeared at a hearing. tion. l.d.s.t., if that time is observed), at the Tariff—Supplement 184 to Southwest­ Dated at Washington, D.C., this 29th ern Freight Bureau, agent, tariff ICC Pickwick Motor Inn, McGee and 10th day of March, A.D. 1966. Streets, Kansas City, Mo., for the pur­ 4503. pose of receipt in evidence of the verified By the Commission, Commissioner FSA No. 40417—Joint motor-rail statements, cross-examination thereon, Freas. rates—Middlewest Motor Freight. Filed if requested, and the introduction of re­ by Middlewest Motor Freight Bureau, [seal] H. N eil Garson, agent (No. 368), for interested carriers. buttal evidence, and to permit the hear­ Secretary. ing examiner to close the record. Rates on property moving on class and It is further ordered, That except to [F.R. Doc. 66-4167; Filed, Apr. 15, 1966; commodity rates over joint routes of ap­ the extent modified herein, the order of 8:46 a.m.] plicant rail and motor carriers, between January 4, 1966, shall remain in full points in middlewest territory; between force and effect. points in middlewest territory, on the one It is further ordered, That a copy of FOURTH SECTION APPLICATIONS hand, and points in Central States, this order be delivered to the Director, FOR RELIEF southwestern and Canadian territories, Office of the Federal Register, for publi­ on the other; between points in Central April 13, 1966. cation in the F ederal R egister as notice States territory, on the one hand, and to all interested parties. Protests to the granting of an applica­ points in southwestern and Canadian And it is further ordered, That, to tion must be prepared in accordance with territories, on the other. avoid future unnecessary service upon Rule 1.40 of the general rules of practice Grounds for relief—Motortruck com­ those respondents who, although partici­ (49 CFR 1.40) and filed within 15 days petition. pating carriers in the tariff schedules from the date of publication of this Tariff—Supplement 66 to Middlewest notice in the F ederal R egister. Motor Freight Bureau, agent, tariff MF- which are the subject of investigation ICC 417. herein, are not actively interested in the Long-and-S hort H aul By the Commission. outcome of such investigation, subse­ FSA No. 40416—Iron or steel articles quent service on respondents herein of to points in Texas. Filed by Southwest­ [seal] H. Neil Garson, notices and orders of the Commission ern Freight Bureau, agent (No. B-8837), Secretary. will be limited to those respondents who: for interested rail carriers. Rates on [F.R. Doc. 66-4168; Filed, Apr. 15, 1966; (1) Have been identified by name in iron or steel articles, in carloads, from 8:46 a.m.]

FEDERAL REGISTER, VOL. 3 1 , NO. 7 4 — SATURDAY, APRIL 16 , 1 9 6 6 FEDERAL REGISTER 5931

CUMULATIVE LIST OF CFR PARTS AFFECTED— APRIL

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 April.

3 CFR p0g8 7 CFR—Continued page 7 CFR—Continued Page E xecu tive O rders: 910 ______5314, 5608, 5876 1130 ______5481 July 18, 1891 (revoked in part 911 ______5663 1131 ______5481,5617 by PLO 3978)______5897 944______5569, 5750 1132 ______5345, 5481, 5615 July 2, 1910 (revoked In part 970______5608 1133 ______5481, 5617 by PLO 3967 and 3970) _ 5621,5622 993— ______5751 1134 ______5481 (revoked in part by PLO 1001 ______5345, 5609 1136 ______5247, 5481, 5617 3977)______5662 1002 ______5345, 5609 1137 ______5481,5617 (revoked in part by PLO 1003 ______5345, 5609 1138 ______5315, 5345, 5481, 5617 3989) — ______— _____ . 5900 1004 ______5345, 5346 1421______5481 Jan, 26, 1911 (revoked in part 1005 ______5481, 5609 1430______5664 by PLO 3977) ______5662 1008 ______5481, 5609 1464______5817 Aug. 30, 1911 ( revoked in part 1009 ______5481, 5610 1468______5817 by PLO 3970)____ —------5622 1011 ______5345, 5481, 5610 1479______5346 Sept. 5, 1914 (revoked in part 1012 ______5481, 5610 Proposed R ules: by PLO 3975)______, — 5623 1013 ____ 5481, 5610, 5611 26— _____ 5905 Apr. 4, 1917 (revoked by PLO 1015—:______5345, 5610 51______5448, 5449 3995______5902 1016------5345, 5610 717______5570 June 8, 1926 (revoked in part 1030 ______5345, 5481 722______5321 by PLO 3970)______5622 1031 ______5345, 5481, 5612, 5685 916______5635 6544 (revoked in part by PLO 1032^,______5345, 5481, 5612, 5685 987_,______5360 3984)______— 5899 1033 ______i ______5481, 5610 1001 ______5360 6574 (revoked by PLO 3966) — 5620 1034 ------5481, 5610 1002 ______5360 8102 (revoked in part by PLO 1035 ------5481, 5610 1003 ______5321, 5360 3960)______5430 1036— ------5345, 5481, 5610 1004 ______5360 11230 (amended by EO 11275) _ 5283 1038 ------5345, 5481, 5613, 5686 1005 ______5360 11274 ______5243 1039 ------5345, 5481, 5613, 5686 1008— 1______5360 11275 ______5283 1040 ------5481, 5610 1009______5360 P roclamation: 1041 ------5345, 5481, 5611 1011 ______5360 2227 (see Proc. 3715)__ 5807 1043 ------5345, 5481, 5611 1012 ______5360 3709 ______5281 1044 ------5345, 5481, 5613 1013 ______5360 3710 ______5403 1045 -- 5345, 5481, 5613 1015 ______5360 3711 ______5405 1046 ------5481, 5611 1016 ______5321, 5360 3712 ______5543 1047 ------1 __ 5247, 5481, 5611 1030 ______5368,5638 3713 ___ 5603 1048 ______5481 1031 ______5368 3714 ______5743 1049 ------5481, 5611 1032 ______5368 3715 ______5807 1051------5345, 5481, 5613, 5686 1033 ______5360 3716 ______5809 1061__------5481, 5877 1034 ______5360 1062 ------5345, 5481, 5613, 5686 1035 ______5360 4 CFR 1063 ------5345, 5481, 5613, 5686 6______5293 1036 ______5360 1064 ------5345, 5481, 5614, 5877 1038 __ 5368 5 CFR 1065 ------5481, 5616 1039 ______5368 213______5245, 1066 ------5481, 5616 1040 ______5360 5246, 5299, 5300, 5345, 5547, 5605, 1067 ------5481 1041 ______5360 5659, 5686, 5811, 5871. 1068 ------5616 1043 ______1______5360 1800______5811 1069 ------5481, 5616 1044 ______5368 1900______5481 1070 ------5345, 5481, 5614, 5686 1045 ------5368 2000______5246 1071_------5345, 5481, 5614 1046 ______i______5360 1073 ------5481, 5614 1047 ------5360 6 CFR 1074 ------5481, 5614 1048 ------5360 322------5435 1075 ------5481, 5616 1049 -- 5360 1076 ------5481, 5616 7 CFR 1051------5368 1078 ------5345, 5481, 5614, 5686 1061__------«__ 5368, 5693 68------5605 1079 ------5345, 5481, 5614, 5686 1062------5368 210------5811 1090__------5481, 5614 319------5607, 5745 1063 ------5368 1094------5345, 5481, 5611 1064 ------5368, 5693 401 ------5745 1096 ------5481, 5615 1065 ------5375 402 ------5746 1097 ------5345, 5481, 5615 711------5663 1066 ------5375 1098 ------5345, 5481, 5615 1067 ------5368 718------5812 1099 ------5345, 5481, 5615 722------5300 1068 ---- 5375 1101 ------5481,5611 1069 ------5375 751_‘------5748 1102 ------5345, 5481, 5615 792— ------5873 1070 ______5368 1103 ------5345, 5481, 5611 1071 ------5368 811------—------5681 1104 ------5481 814------5682 1073------5368 1106------5345, 5481, 5615 1074—----- 5368 842------_— 5749 1108------5345, 5481, 5615 1075------.------5375 850------5816 1120------5481 1076 ------5375 862------5442 1125—.------5481, 5617 905------5568 1078 ------5368 1126 ------5345, 5481, 5615 1079 ------5368 907 ------5313, 5442, 5481, 5607, 5875 1127 ------5481 908 ------5314, 1090------5368 1128 ------5481 1094------5360 5443, 5481, 5568, 5608, 5750, 5876 | 1129------5481 1096------5368

No. 74—9 5932 FEDERAL REGISTER

7 CFR—Continued Page 14 CFR—Continued p g 2 6 CFR Page P roposed R ules—Continued Proposed Rules—Continued 31______5661 1097 ______5368 65______5324 43______5491 1098 ______5368 71______5455, 1099 ______5368, 5696 5456,5496-5498, 5617, 5665, 5709, 28 CFR 1101 ______5360 5710, 5838,5839. 50______5292 1102 ______5368 73______5327, 5328, 5617 2 9 CFR 1103 ______5360 75______5328, 5710 1400___ _ 5423 1104 ______!______5368 91______— 5381 1106______5368 121______5495 3 0 CFR 1108______5368 143______42 5324______5446 1120______5368 151______5906 31 CFR 1125 ______5375 214______5381 o______5885 1126 ___ —______5368 295______5381 1127 ______5368 32 CFR 15 CFR Page 40 _i ______5353 1128 ______5368 0______5857 1129 ______5368 140______5288 1130 ______5368 201 ______851 ______5548 ___ 5619 1131 ______5375 202 ______:______5549 1001______5354 1132______5368 206______55491003______5354 1133 ______5323, 5375230______1006 5352______5355 1134 ______5375 16 CFR 1007______5355 1136 ______5375 13 ______5259, 5352, 5353, 5443, 5550,1453 5879______— 5620, 5827 1137 ______5375 14 ______5826 1138 ______5375 15 ______5259, 32A CFR 1201______5324 5260, 5287, 5551, 5660, 5687, 5826 OEP (Ch. I ) : 70______OEP Reg 5826 6___ 5551 9 CFR 410______5551 P roposed R ules: 33 CFR 318______- ____ 5905 17 CFR 82______5620 200 ______;_____ 5483 8 CFR 36 CFR 201 ______7 5687______*— 5827 103______— 5547240______28______5444 5288 242______1 _____ 5547 249______- _____ 5444 Proposed R u l e s : 10 CFR 18 CFR 7______5495 30______5315 1 ______5878 37 CFR 32___ 5315 201______5689 2______5261, 5554 204______5689 4______5261 12 CFR 260______5428 1______5547, 5659 38 CFR 201______5443 19 CFR 0 ______5828 218______5482 3 „______5755 1 ______5291,5836 221______5443 4 ______5260 2 ______5292,5429 336______5751 8 • 5489 3______5757 545______5258 12______5358, 53598 ______5661 563______5821 17______5489 17______5429 Proposed R u l e s : 54______5260 36______5690 204______5320 217______5320 21 CFR 39 CFR 2 168 5489,______5661 — 5355, 5555 13 CFR 3 5490 204______5430 107______- _ 52858 ______<______5490 P roposed R u l e s : 1 6 ______;____ 5618 96______5665 14 CFR 17 ______5432 39______5482, 5548, 5660, 5823 31 5490 41 CFR 43______5248 45______5433,l -5434 i ______5880 47______5483 120—______- 5619l-8______5880 71______5250, 121______5434,1-16______5619 5880 5285-5287, 5407, 5408, 5617, 5686, 145______5755 9-12______5555 5687,5823-5825. 148e______— 5755101-26______5447 73______5250, 5287, 5617 305___ 5434 101-43______5885 75______5287 P roposed R u l e s : 42 CFR 91_;______5250 27 5638 52—______5758 95______- _____ - ___ 5871 29______5638,575906 _ 5691 97______5251 120 _ 5453 61______5758 121______5825 121 ______5453 145______5248 24 CFR 43 CFR 159______5258 3______5826 P u blic L and Orders: 171______5408 338( revoked by PLO 3981) _— 5897 214______5346 203__ 5756 2470 (revoked in part by PLO 221______5351 213______5757 3992)______5901 223______5351 220 ______I______5757 2787 (revoked in part by PLO 249______5352 221 ______5757 3994)______5901 288______5408 231 ______5757 2834 (see PLO 3994)______5901 399______5419 232 _ 5757 2924 (revoked in part by PLO 234,______5757 3990)__ 5901 P roposed R u l e s : 1000______5757 25______5495 3342 (see PLO 3988)______5900 37______5454, 5570 25 CFR 3365 (revoked by PLO 3996)— 5902 39______5496, 5665,500 5767______5445 3958 ______5430 61_____ 5324 P roposed R u l e s : 3959 ______5430 63__ 5324 221______^______5766 3960 ______5430 FEDERAL REGISTER 5933 43 CFR—Continued Page P ublic L and Orders—C ontinued 3961 ______5431 3962 ___ —______5430 3963 ______5431 3964 ______5430 3965 ______5431 3966 ______5620 3967 ______5621 3968 ______5621 3969______5622 3970 ______5622, 5836 3971 ___ 5622 3972 ______v_____ 5622 3973 ______5623 3974 ______5623 3975 ______5623 3976 ______5623 3977 ______5662 3978 ______5897 3979 ______5897 3980 ______5897 3981 ______5897 3982 ___ 5898 3983 __ 5898 3984 -1______5899 3985 ______5899 3987 ______:___ 5900 3988 ______5900 3989 ______5900 3990 ______5901 3991 __ „ ______5901 3992 ______5901 3993 ______5901 3994 ______5901 3995 ______5902 3996 ______5902 45 CFR 90_------5758, 5761 160------5559 173------5562 181—------5623 801------5902 46 CFR 98—------5903 171——------5836 308______5432 P roposed R u l e s : 401______5450 512------5575 513— ______5575 47 CFR 74------5763 87------5691 P roposed R u l e s : 1------5264 73______5710, 5838 48 CFR 411------5355 49 CFR 95— ------5317, 5318, 5356, 5432, 5691 101------5319 50 CFR 28------5248, 5492, 5764 33------5432, 5492-5494, 5568, 5662, 5764, 5765, 5904. 262------5357

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