FEDERAL REGISTER VOLUME 33 • NUMBER 36 Wednesday, February 21, 1968 • Washington, D.C. Pages 3209-3259

Agencies in this issue— Agricultural Research Service Agricultural Stabilization and Conservation Service Army Department Atomic Energy Commission Census Bureau Civil Aeronautics Board Civil Service Commission Consumer and Marketing Service Engineers Corps Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Power Commission Fish and Wildlife Service Food and Drug Administration General Services Administration Interior Department Internal Revenue Service International Commerce Bureau Interstate Commerce Commission Land Management Bureau Maritime Administration National Park Service Securities and Exchange Commission Detailed list o f Contents appears inside. 5-Year Compilations of Presidential Documents Supplements to Title 3 of the Code of Federal Regulations

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AGRICULTURAL RESEARCH CONSUMER AND MARKETING FEDERAL MARITIME SERVICE SERVICE COMMISSION Rules and Regulations Rules and Regulations Proposed Rule Making Grapefruit: Nonexclusive transshipm ent, Overtime services relating to im­ Import regulation------3215 agreements; exemptions; re­ ports and exports; commuted Shipments limitation______3214 scheduling of filing dates_____ 3235 travel time allowances; correc­ Milk in certain marketing areas; tion ______3213 suspension of provisions: FEDERAL POWER COMMISSION Central Arkansas------3216 Fort Smith, Ark______3215 Notices AGRICULTURAL STABILIZATION Memphis, Tenn______3215 Hearings, etc.: AND CONSERVATION SERVICE Potatoes, fresh Irish; livestock Dalport Oil Corp. et al______3244 feed diversion program; method El Paso Natural Gas Co. and El Rules and Regulations" of feeding______3213 Paso Gas Transportation Peed grains; 1966-1969 program; Tangerines grown in Florida; C o r p ______3245 county projected yields and shipments limitation------3214 Stauffer Chemical Company of county rates______3214 Wyoming and Union Pacific Rice; marketing quotas: DEFENSE DEPARTMENT Railroad Co______3245 1967 and subsequent crop years; See Army Department; Engineers delivery of excess to Secretary« 3213 Corps. FISH AND WILDLIFE SERVICE 1968-69 marketing year; results Rules and Regulations of referendum______3213 ENGINEERS CORPS Public access, use, and recreation; Rules and Regulations certain national wildlife AGRICULTURE DEPARTMENT Danger zone regulations; Albe­ refuges: marle Sound, N.C______3218 See Agricultural Research Serv- ; Delaware; Prime Hook______3228 Navigation regulations; P u g e t Massachusetts; Great Meadows. 3228 ice; Agricultural Stabilization Sound Area, Wash______3218 and Conservation Service; Con­ Pennsylvania; Erie______'.l~ 3229 sumer and Marketing Service. Sport fishing; certain national FEDERAL AVIATION wildlife refuges: ADMINISTRATION Alabama and certain other ARMY DEPARTMENT Rules and Regulations States; Choctaw, etc______3229 Massachusetts; Parker River_ 3232 See also Engineers Corps. Alterations: Rules and Regulations Control zone------v------3216 Notices Transition area______3216 P r o c u r e m e n t ; miscellaneous Bumble Bee Seafoods; hearing— 3237 amendments to subchapter___ 3219 Notices Airports District Office at Phoe­ FOOD AND DRUG ATOMIC ENERGY COMMISSION nix, Ariz.; closing______3239 ADMINISTRATION Notices - FEDERAL COMMUNICATIONS Rules and Regulations COMMISSION Prescription drugs; use of estab­ Baltimore Gas and Electric Co.; lished names in labeling and ad­ application for construction Proposed Rule Making vertising ______3217 permit and facility license___ 3239 Standard broadcast stations; pre­ sunrise operation; commence­ Proposed Rule Making ment at 6 a.m. local time___ _ 3234 Prescription drugs; relationship of CENSUS BUREAU Television broadcast stations; proprietary a n d established Proposed Rule Making table of assignments; Jackson­ names on labels, labeling, and ville, N.C______r______3235 advertisements; policy state­ Imports of merchandise into ment ______3234 Guam; foreign trade statistics- 3233 Notices Canadian broadcast stations; list Notices of changes, proposed changes, Food additive petitions: CIVIL AERONAUTICS BOARD and corrections in assignments- 3242 Chemagro Corp______3239 Notices Maritime mobile service manual; Emulsion A/S; withdrawal____ 3239 adoption; termination of pro- Hess and Clark; withdrawal-_ 3239 Heatings, etc.: .... ceeding______3241 Frontier Freight Forwarders, Hearings, etc.: GENERAL SERVICES Inc., et al______3240 CATV of Rockford, Inc., et al__ 3242 ADMINISTRATION TF.C. Air Freight, Inc., et al__ 3240 Camp, Ronnie J______3242 Carlisle, Roy E______3242 Rules and Regulations CIVIL SERVICE COMMISSION El Camino Broadcasting Corp. and . South Coast Broadcast­ Centralized services in Federal Notices ing Co______3242 buildings; pooling of equipment and personnel-.______3227 Personnel management specialists Kittyhawk Broadcasting Corp. et al______3243 et al.; manpower shortage—___ 3241 Oliveira, Joseph P. (2 docu­ HEALTH, EDUCATION, AND ments) ______3243 COMMERCE DEPARTMENT WMID, Inc., and Atlantic City WELFARE DEPARTMENT Broadcasting Co______3243 See Census Bureau; International See Food and Drug Administra­ “ What the Bible Says, Inc.,” tion. Commerce Bureau; . Maritime et al_—_____ 3243 Administration. Young, John Dee— „ ___ 3244 (Continued on next page) 3211 3212 CONTENTS

INTERIOR DEPARTMENT LAND MANAGEMENT BUREAU NATIONAL PARK SERVICE See also Pish and Wildlife Serv­ Rules and Régulations Rules and Regulations ice; Land Management Bureau; Arizona and California; public Special regulations: National Park Service. land order; partial révocation of Notices Executive order______3228 Fort Jefferson National Monu- ment, Fla______3227 Meese, William G.; report of ap­ Notices pointment and statement of fi­ Hopewell Village National His- nancial interests______3238 Opening of public lands: toric Site, Pa_____ ;______3227 California______,____ 3237 Notices INTERNAL REVENUE SERVICE O regon______3237 Grand Portage National Monu­ Notices MARITIME ADMINISTRATION ment, Minm; concession permit. 3237 Authority delegations: Proposed Rule Making Park Superintendents, Southeast Issues arising under section 722; Region ; establishment of new revocation______3236 Allowance of subsidy for changes cooperating associations in re­ Regional Appellate Division and under construction contract__ _ 3233 spective parks______3237 Regional Counsel; protested Notices and tax court cases______3236 Foreign flag vessels arriving in SECURITIES AND EXCHANGE INTERNATIONAL COMMERCE North Vietnam on or after January 25, 1966; list______3238 COMMISSION BUREAU United States Lines, Inc.; applica­ Rules and Regulations Notices tion for approval of cruise__— 3239 Válvulas Eléctrica y Transistores, Investment Company Act of 1940; S.A. (VETRASA); related party registration statements and re­ determination ______3238 ports ______3216 INTERSTATE COMMERCE Notices COMMISSION Hearings, etc.: American Enterprise Develop­ Notices ment Cprp______3245 Associated Truck Lines, Inc., et al.; spacer clamps; declaratory Ascutney Fund, Inc_____ ------3246 order______3247 Roto American Corp______3247 Motor carriers: Alternate route deviation no­ TRANSPORTATION DEPARTMENT tices ______3247 Applications and certain other See Federal Aviation Administra­ proceedings______3249 tion. Intrastate applications______3253 Temporary authority applica­ TREASURY DEPARTMENT tions ______3254 Transfer proceedings______3256 See Internal Revenue Service. List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and se c tio n s affected by documents published since January 1, 1968, and specifies how they are affected.

3 CFR 17 CFR 36 CFR _ 3227 Executive O rder: 270_ 3216 7 (2 docum ents)____- -- 8685 (revoked in part by PLO 4367)______3228 21 CFR 41 CFR i 3^17 101-5______3227 7 CFR P roposed R ules: 43 CFR 208 ______3213 3______— ______3234 P ublic Land O rder: 354 ______3213 3228 i OU VZ UUUUlllt/lll/b) ------—------— 3213 3 9 CFR 4367 ______775______3214 591. ______3219 905 (2 docum ents)__i ------3214 593. ______3223 46 CFR 944______3215 594. ______3223 Proposed R ules: 1097 ______3215 596 3224 0*1 3233 1109 ..... _ 3215 597 ______3224 524. _ 3235 1108______3216 599. 3224 602. _ . 3226 47 CFR 603. 3227 14 CFR Proposed R ules: 606. 3227 3234,3235 71 (2 docum ents)------3216 612. 3227 73 (2 docum ents)------15 CFR CFR 50 CFR 33 3228,3229 P roposed R ules: 204. . 3218 28 (3 docum ents)------_ 3229,3232 3233 207. - 3218 33 (2 docum ents)------3213 Rules and Regulations

Chapter VII— Agricultural Stabiliza­ excess rice acreage, as provided in Part Title 7— AGRICULTURE tion and Conservation S e rv ice 718 of this chapter, Determination of (Agricultural Adjustment), Depart­ Acreage and Compliance, of their inten­ Chapter I— Consumer and Marketing tion to deliver the excess rice: Provided Service (S ta n d a rd s, Inspections, ment of Agriculture further, That such excess rice shall be Marketing Practices), Department SUBCHAPTER B— FARM MARKETING QUOTAS delivered within 60 calendar days after of Agriculture AND ACREAGE ALLOTMENTS the date on which the harvesting of rice [Amdt. 3] is normally substantially completed in SUBCHAPTER M— EXPORT AND DOMESTIC the county as determined in accordance CONSUMPTION PROGRAMS PART 730— RICE with § 730.10(a) or pursuant to § 730.9. [208.13, Arndt. 1] (Secs. 353, 375, 52 Stat. 61, as amended, Subpart— Rice Marketing Quota Reg­ PART 203— FRESH IRISH ¡»OTATOES 52 Stat. 66, as amended; 7 Ü.S.C. 1353, 1375) ulations for 1967 and Subsequent Effective date: Thirty days after pub­ Subpart— Fresh Irish Potatoes— Live­ Crop Years lication in the F ederal R egister. stock Feed Diversion Program IMD 3a D elivery of Excess R ice to the Signed at Washington, D.C., on Febru­ M ethods of F eeding Secretary ary 15,1968. Findings. Participating growers have On page 378 of the Federal R egister E. A. Jaenke, requested that the termination date for of January 10, 1968 (33 F.R. 378) was Acting Administrator, Agricul­ spreading potatoes under the freeze and published a notice > of proposed rule tural Stablization and Con- making to issue an amendment to the s~ servation Service. thaw method of utilizing potatoes for rice marketing quota regulations for livestock feed be extended beyond Feb­ [F.R. Doc. 68-2124; Filed, Feb. 20, 1968; 1967 and subsequent crop years. 8:46 am.] ruary 29./1968. It is hereby found that Interested persons were given 30 days the amendment hereafter set forth will after publication of the notice in which tend to increase the use of the program to submit written data, views, or recom­ PART 730— RICE thereby effectuating greater diversion of mendations with respect to the proposed amendment. Subpart— 1968—69 Marketing Year potatoes from normal channels of trade No data, vifews, or recommendations and disposing of the heavy supplies held P roclamation of R esults of M arketing were received and the proposed amend­ Quota R eferendum by growers. _ ment is adopted with certain additions Amendment of regulations. In § 208.13 as set forth below: Section 730.1508 is issued to announce (33 F.R. 623) paragraph (c) (4) is hereby 1. A basis and purpose paragraph the results of the rice marketing quota referendum for the marketing year Au­ amended to read as follows : is added at the beginning of the amendment. gust 1, 1968, through July 31, 1969, under § 208.13. Methods o f feeding. 2. An authority clause is added. the provisions of the Agricultural Ad­ ***** 3. An effective date provision is added justment Act of 1938, as amended. The (c) * * * immediately following the authority Secretary proclaimed a marketing quota for rice for the 1968-69 marketing year (4) Spreading must take place on orclause. Basis and purpose. The amendment and announced that a referendum would before March 16,1968. herein is issued pursuant to and in ac­ be held during the period January 22 to Dated: February 15, 1968. cordance with the Agricultural Adjust­ 26, 1968, each inclusive, by mail ballot ment Act of 1938, as amended. in accordance with part 717 of this P aul A. Nicholson, The purpose of this amendment is to chapter. Deputy Director, Fruit and provide that, effective with 1968 and sub­ Since the only purpose of § 730.1508 is Vegetable Division, Consumer sequent crops of rice, if the farm market­ to announce the referendum result, it is and Marketing Service. ing excess of rice determined for any hereby found and determined that com­ [F.B. Doc. 68-2127; Filed, Feb. 20, 1968; farm is delivered to the Secretary such pliance with the notice, public procedure, 8:47 a.m.] farm shall be considered to be in compli­ and 30-day effective date provisions of ance with the rice allotment for such 5 U.S.C. 553 is unnecessary. year. Section 730.31 is amended by adding at § 730.1508 Proclamation o f the results Chapter III— Agricultural R e se a rch the end thereof a new paragraph (e) to o f the rice marketing quota referen­ Service, Department of Agriculture dum for the marketing year read as follows: 1 9 6 8 -6 9 . PÂRT 354— OVERTIME SERVICES RE­ § 730.31 Delivery o f the farm market­ In a referendum of farmers engaged LATING TO IMPORTS AND EX­ ing excess to the Secretary. in the production of rice of the 1967 crop PORTS ***** held by mail ballot during the period (e) Delivery of excess rice to comply Commuted Travel Time Allowances January 22 to 26, 1968, each inclusive, with allotment. Effective with 1968 and 12,915 voted. Of these voting, 12,345 or Correction subsequent crops of rice, if the farm marketing excess of rice determined in 95.6 percent favored quotas for the mar­ In F.R. Doc. 68-1655 appearing at accordance with § 730.7 or § 730.10, as keting year beginning August 1, 1968. Page 2757 in the issue of Friday, Feb­ applicable, for any farm is delivered to Therefore, rice marketing quotas will be ruary 9, 1968, make the following the Secretary as provided in this section, in effect for the 1968-69 marketing year. change: Under the heading “Six Hours”, such farm shall be considered to be in (Secs. 354, 375, 52 Stat. 61, as amended, 66, the last entry should read: compliance with the rice allotment for as amended; 7 TJ.S.C. 1354,1375) such year: Provided,-That the producers Add; Pittsburgh., Pa. (served from Cleve- involved notify the county committee not Effective date: Upon publication in the land, Ohio). later than the final date for disposal of F ederal R egister.

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 3214 RULES AND REGULATIONS

Signed at Washington, D.C., on Febru­ Signed at Washington, D.C., on Feb­ (vi) Any seedless grapefruit other than ary 15,1968. ruary 15,1968. pink seedless grapefruit, grown in the E. A. Jaenke, E. A. Jaenke, production area^which are smaller than Acting Administrator, Agricul­ Acting Administrator, Agricul­ 3%6 inches in diameter, except that tural Stabilization and Con- tural Stabilization and Con­ a tolerance of 10 percent, by count, of sevation Service. servation Service. such grapefruit smaller than such mini­ mum size shall be permitted, which tol­ [F.R. Doc. 68—2125; Filed, Feb. 20, 1968; [F.R. Doc. 68-2126; Filed, Feb. 20, 1968; 8:47 a.m.] erance shall be applied in accordance 8:46 a.m.] with the provisions for the application of tolerances, specified in said U.S. SUBCHAPTER C— SPECIAL PROGRAMS Chapter IX— Consumer and Market­ Standards for Florida Grapefruit. [Amdt. 10] ing Service (Marketing Agreements 4. Paragraph (a) (1) (vii) is hereby and Orders; Fruits, Vegetables, deleted. PART 775— FEED GRAINS Nuts), Department of Agriculture (Sec. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Subpart— 1966 Through 1969 Feed [Grapefruit Reg. 66, Amdt. 5] 601-674) Grain Program Regulations PART 905— ORANGES, GRAPEFRUIT, Dated, February 16, 1968, to become effective February 19, 1968. County Projected Y ields and County TANGERINES, AND TANGELOS R ates GROWN IN FLORIDA P aul A. Nicholson, Section 775.427 of the regulations gov­ Deputy Director, Fruit and erning the 1966-69 Feed Grain Program, Limitation of Shipments Vegetable Division, Consumer 31 F.R. 8339, as amended, is further Findings. (1) Pursuant to the market­ and Marketing Service. amended by making the following ing agreement, as amended, and Order [F.R. Doc. 68-2173; Filed, Feb. 20, 1968; changes in the tabular material of para­ No. 905, as amended (7 CFR Part 905), 8:50 a.m.] graph ( c ) : regulating the handling of oranges, 1. Under California, for Mendocino grapefruit, tangerines, and tángelos [Tangerine Reg. 34, Amdt. 2] County, add an entry in the fourth figure grown in Florida, effective under the column reading “ 1.40” . applicable provisions of the Agricultural PART 905— ORANGES, GRAPEFRUIT, 2. Under Idaho, for all counties, Marketing Agreement Act of 1937, as TANGERINES, AND TANGELOS change the entry in the second figure amended (7 U.S.C. 601-674), and upon GROWN IN FLORIDA column from “ 1.52” to “ 1.50”. the basis of the recommendations of the 3. Under Kentucky: committees established under the afore­ Limitation of Shipments a. For Hopkins County, change the said amended marketing agreement and Findings. (1) Pursuant to the market­ entry in the first figure column from order, and upon other .available infor­ ing agreement, as amended, and Order “ 64.8” to “66.8” . mation, it is hereby found that the lim­ No. 905, as amended (7 CFR Part 905), b. For Lee County, change the entry in itation of shipments of grapefruit, as regulating the handling of oranges, the first figure column from “ 63.5” to hereinafter provided, will tend to effec­ grapefruit, tangerines, and tángelos “ 65.5” . tuate the declared policy of the act. grown in Florida, effective under the ap­ (2) It is hereby further found that itplicable provisions of the Agricultural c. For McCracken County, change the is impracticable, unnecessary, and con­ entry in the first figure column from Marketing Agreement Act of 1937, as trary to the public interest to give pre­ amended- (7 U.S.C. 601-674), and upon “55.1” to “60.1”. liminary notice, engage in public rule- 4. Under Oklahoma: the basis of the recommendations of the making procedure, and postpone the ef­ committees established under the afore­ a. For Ellis County, change the entry fective date of this amendment until said amended marketing agreement and in the fourth figure column from “ 1.15” 30 days after publication thereof in the order, and upon other available informa­ to “ 1.16”. F ederal R egister (5 U.S.C. 553) in that tion, it is hereby found and determined, b. For Harper County, change the the time intervening between the date in accordance with paragraph (5) of sec­ entry in the fourth figure column from when information upon which this tion 602 of the act, that the continua­ “ 1.14” to “ 1.15”. amendment is based became available tion of regulation of shipments of tan­ c. For Roger Mills County, change the and the time when this amendment must gerines, as hereinafter provided, is neces­ entry in the fourth figure column from become effective in order to effectuate sary and will tend to avoid a disruption “ 1.16” to “ 1.17”. the declared policy of the act is insuffi­ of the orderly marketing of the re­ 5. Under Texas: cient: and this amendment relieves re­ mainder of the current crop of such tan­ strictions on the handling of grapefruit gerines; and such continuation of regu­ a. For Dallam County, change the grown in Florida. entry in the fourth figure column from lation will be in the public interest Order. The provisions of § 905.495 (2) It is hereby further Jpund that it “ 1.17” to “ 1.18”. (Grapefruit Reg. 66, 32 F.R. 12907,16525, b. For Gonzales County, change the is impracticable, unnecessary, and con­ 17925, 33 F.R. 221, 847) are amended in trary to the public interest to give pre­ entry in the fourth figure column from the following respects: “ 1.30” to “ 1.31”. liminary notice, engage in public rule- 1. The provisions of paragraph (a) (1) making procedure, and postpone the c. For Hansford, Hartley, Hemphill, immediately preceding subdivision (i) effective date of this amendment until Hutchinson, Lipscomb, Moore, and thereof are revised to read as follows: 30 days after publication thereof in the Ochiltree Counties, change the entry in F ederal R egister (5 U.S.C. 553) in that the fourth figure column from “ 1.16” to (1) During the period beginning Feb­ ruary 19, 1968, through September 8, the time intervening between the date “ 1.18” . when information upon which this d. For Roberts County, change the 1968, no handler shall ship between the production area and any point outside amendment is based became available entry in the fourth figure column from and the time when this amendment “ 1.17” to "1.18” thereof in the continental United States, Canada, or Mexico: must become effective in order to effec- e. For Sherman County, change the tuate the declared policy of the act is in­ entry in the fourth figure column from 2. The provisions of paragraph (a) (1) sufficient; and this amendment relieves “ 1.16” to “ 1.18” . (i) are revised to read as follows: restrictions on the handling of tanger­ (Sec. 16(i), 79 Stat. 1190, 16 U.S.C. 590p(i); (i) Any seeded grapefruit, grown inines grown in Florida. sec. 105(e), 79 Stat. 1188, as amended, 7 the production area, which do not grade Order. In § 905.504 (Tangerine Reg. 34, U.S.C. 1441 note) at least U.S. No. 1 Golden; 32 F.R. 17616, 33 F.R. 909) the provisions Effective date: Date of publication in 3. Paragraph (a) (1) (vi) is hereby re­ of paragraph (a) (2) (i) are amended to the Federal R egister. vised to read as follows: read as follows:

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 RULES AND REGULATIONS 3215

§ 905.504 Tangerine Regulation 34. and (d) this amendment relieves re­ It is therefore ordered, That the afore­ strictions on the importation of grape­ said provisions of the order are hereby (a) * * * fruit. suspended after February 29, 1968, for ( 2) * * * an indefinite period. (i) Any tangerines, grown in the pro­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. duction area, which do not grade at least 601-674) (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) U.S. No. 1 Bronze; or Dated, February 16,1968, to become ef­ * * * * * fective February 19, 1968. Effective date: March 1, 1968. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. P aul A. Nicholson, Signed at Washington, D.C., on Feb­ 601-674) Deputy Director, Fruit and Veg­ ruary 15,1968. etable Division, Consumer and Dated February 16, 1968, to become G eorge L. M ehren, effective February 19, 1968. Marketing Service. Assistant Secretary. [F.R. Doc. 68-2171; Filed, Feb. 20, 1968; [F.R. Doc. 68-2128; Filed, Feb. 20, 1968; Paul A. Nicholson, 8:50 a.m.] Deputy Director, Fruit and 8:47 a.m.] Vegetable Division, Consumer Chapter X— Consumer and Marketing and Marketing Service.- [Milk Order 102] [F.R. Doc. 68-2172; Filed, Feb. 20, 1968; Service (Marketing Agreements and 8:50 a.m.] Orders; Milk), Department of Agri­ PART 1102— MILK IN FORT SMITH, culture ARK., MARKETING AREA [Milk Order 97] [Grapefruit Reg. 9, Arndt. 3] Order Suspending Certain Provisions PART 944— FRUIT; IMPORT PART 1097— MILK IN MEMPHIS, Pursuant to the provisions of the Agri­ REGULATIONS TENN., MARKETING AREA cultural Marketing Agreement Act of Order Suspending Certain Provisions 1937, as amended (7 U.S.C. 601 et seq.), Grapefruit and of the order regulating the handling Pursuant to the provisions of section Pursuant to the provisions of the Agri­ of milk in the Fort Smith, Ark., market­ 8e of the Agricultural Marketing Agree­ cultural Marketing Agreement Act of ing area (7 CFR Part 1102), it is hereby ment Act of 1937, as amended (7 U.S.C. 1937, as amended (7 U.S.C. 601 et seq.), found and determined that: 601-674), the provisions of paragraph and of the order regulating the handling (a) The following provisions of the (a) of Grapefruit Regulation 9 of milk in the Memphis, Tenn., market­ order no longer tend to effectuate the (§ 944.105, 32 F.R. 12938, 17425, 33 F.R. ing area (7 CFR Part 1097), it is hereby declared policy of the Act after Febru­ 848) are hereby amended as follows: found and determined that: ary 29, 1968, and are hereby suspended. The introductory text of paragraph (a) The following provisions of the order no longer tend to effectuate the (1) In § 1102.51(a),' the following (a) is amended to read as follows: declared policy of the Act after Febru­ words in the introductory text preceding subparagraph (1): “And plus or minus (a) On and after February 19, 1968,ary 29, 1968, and are hereby suspended: (1) In § 1097.51(a), the following a supply-demand adjustment computed the importation into the United States of pursuant to subparagraphs (1) through any grapefruit is prohibited unless such words in the introductory text preceding grapefruit is inspected and meets the fol­ subparagraph (1) : “And plus or minus a (3) of this paragraph:” ; and lowing requirements: - supply-demand adjustment computed (2) Subparagraph (3) of § 1102.51(a). pursuant to subparagraphs (1) through (b) Notice of proposed rule making, 2. Paragraph (a) (1) is amended to(3) of this paragraph:” ; and public procedure thereon, and 30 days read as follows : (2) Subparagraph (3) of § 1097.51(a). notice of the effective date hereof are (1) Seeded grapefruit shall grade at (b) Notice of proposed rule making, impractical, unnecessary, and contrary least U.S. No. 1 Golden and be of a size public procedure thereon, and 30 days to the public interest in that: not smaller than 31{H.6 inches in diameter, notice of the effective date hereof are (1) This suspension order does not re­ except that a tolerance of 10 percent, by impractical, unnecessary, and contrary quire of persons affected substantial or count, of seeded grapefruit smaller than to the public interest in that: extensive preparation prior to the effec­ such minimum size shall be permitted, (1) This suspension order does not re­ tive date. which tolerance shall be applied in ac­ quire of persons affected substantial or (2) This suspension order is necessary cordance with the provisions for the extensive preparation prior to the effec­ to reflect current marketing conditions application of tolerances, specified in the tive date. and to maintain orderly marketing con­ U.S. Standards for Florida Grapefruit; (2) This suspension order is neces­ ditions in the marketing area. and sary to reflect current marketing condi­ (3) This suspension order was re­ tions and to maintain orderly marketing quested by the Arkansas Division of Milk It is hereby found that it is impracti­ conditions in the marketing area. cable, unnecessary, and contrary to the Producers, Inc., whose members com­ (3) This suspension order was re­ prise most of the producers regularly Public interest to give preliminary notice, quested by the Arkansas Division of Milk engage in public rule-making procedure, serving this market. Producers, Inc., and the Mid-South Milk (4) This suspension order will elimi­ and postpone the effective time of this Producers Association, whose members amendment beyond that hereinafter nate a supply-demand adjustment for comprise a large majority of producers the effective period. The supply-demand specified (5 U.S.C. 553) in that (a) the regularly serving this market. requirements of this amended import adjustor provided in the Fort Smith, (4) This suspension order will elim­ Ark., order utilizes milk supply and regulation are imposed pursuant to sec­ inate a supply-demand adjustment for tion 8e of the Agricultural Marketing Class I utilization data in the Fort Smith, the effective period. The supply-demand Central Arkansas, and Memphis markets. Agreement Act of 1937, as amended (7 adjustor provided in the Memphis, U.S.C. 601-674), which makes such regu- Tenn., order utilizes milk supply and (5) The effect of this suspension order ation mandatory; (b) such regulation Class I utilization data in the Memphis, will be to reduce Class I milk prices to a unposes the same restrictions on im­ Central Arkansas, and Fort Smith, Ark., level which will better align the Class I ports of all grapefruit as the grade markets. prices of the Fort Smith market with nr u-iize restrictions being made ap­ (5) The effect of this suspension or­ other nearby order markets. plicable to the shipment of all grape- der will be to reduce Class I milk prices Therefore, good cause exists for making run grown in Florida únder amended in the Memphis market to a level which this order effective March 1, 1968. Grapefruit Regulation 66 (§ 905.495) ; will better align such prices with other It is therefore ordered, That the afore­ w compliance with this amended im­ nearby order markets. port regulation will not require any Therefore, good cause exists for mak­ said provisions of the order are hereby Preparation which cannot be ing this order effective after February suspended for an indefinite period begin­ mpleted by the effective time hereof; 29, 1968. ning March 1,1968.

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 3216 RULES AND REGULATIONS

(Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Signed at Washington, D.C., on Febru­ tions is to alter the description of the 601-674) ary 15,1968. Coeur D’Alene, Idaho, transition area. G eorge L. M ehren, The Coeur D’Alene, Idaho, RBN (lati­ Effective date: March 1, 1968. Assistant Secretary. tude 47°44'44" N., longitude 116°57,24'' Signed at Washington, D.C., on Feb­ [F.R. Doc. 68-2129; Filed, Feb. 20, 1968; W.) was previously owned and operated ruary 15, 1968. 8:47 a.m.] by West Coast Airlines. A private ADF approach procedure based upon the 072° G eorge L. M ehren, T (051° M) and 252° T (231° M) bear­ Assistant Secretary. ings from the RBN necessitated the 700- [F.R. Doc. 68-2130; Filed, Feb. 20, 1968; Title 14— AERONAUTICS AND foot floor transition area west of Coeur 8:47 a.m.] D’Alene air terminal. The portion of the SPACE 700-foot floor transition area south of.the [Milk Order 108] Chapter I— Federal Aviation Admin­ RBN described upon the 186° T (165° M) bearing from the RBN was required for PART 1108— MILK IN CENTRAL istration, Department of Transpor­ prescribed departure and direct route ARKANSAS MARKETING AREA tation procedures. The special procedures [Airspace Docket No. 68-WE-13] authorized, based on the privately owned Order Suspending Certain Provisions PART 71— DESIGNATION OF FEDERAL RBN, have recently been canceled, and Pursuant to the provisions of the Ag­ the RBN is now owned and operated by ricultural Marketing Agreement Act of AIRWAYS, CONTROLLED AIRSPACE, the city of Coeur D’Alene, Idaho. 193i, as amended (7 U.S.C. 601 et seq.), AND REPORTING POINTS The FAA has developed a new public and of the order regulating the handling Alteration of Control Zone ADF approach procedure based upon the of milk in the Central Arkansas market­ 251° T (230° M) and 071° T (050° M) ing area (7 CFR Part 1108), it is hereby The purpose of this amendment to bearings from the Coeur D’Alene RBN. found and determined that: Part 71 of the Federal Aviation Regula­ The new approach procedure will have (a) The following provisions of the tions is to alter the description of the only a 1° difference from the previous order no longer tend to effectuate the Chico, Calif., control zone. private approach and will require reten­ declared policy of the Act after February The Federal Aviation Administration tion of the transition area west of Coeur 29, 1968, and are hereby suspended. is amending the VOR approach pro­ D’Alene. That portion of the transition (1) In § 1108.51(a), the following cedure for Chico, Calif., Municipal Air­ area south of the RBN no longer quali­ words in the introductory text preced­ port. The amendment will change the fies for designation as 700-foot floor ing subparagraph (1): “ and plus or final approach radial from 290° M (308° transition area and will be revoked. minus a supply-demand adjustment T) to 298° M (316° T) and will require Since this amendment is minor in na­ computed pursuant to subparagraphs an alteration to the description of the ture and imposes no additional burden on (1) through (3) of this paragraph:” ; control zone to provide controlled air­ any person, notice and public procedure and space protection for aircraft executing hereon are unnecessary. the approach procedure while operating (2) Subparagraph (3) of § 1108.51(a). In consideration of the foregoing, Part (b) Notice of proposed rule making, below 700 feet above the surface. 71 of the Federal Aviation Regulations is public procedure thereon, and 30 days Since this amendment is minor in amended as hereinafter set forth. notice of the effective date hereof are nature, and imposes no additional bur­ In § 71.181 (33 F.R. 2163) the Coeur impractical, unnecessary, and contrary den on any person, notice and public D’Alene transition area is amended to to the public interest in that: procedure hereon are unnecessary. read as follows: (1) This suspension order does not In consideration of the foregoing, in C oetjr D ’Alene, I daho require of persons affected substantial or § 71.171 (33 F.R. 2071) the Chico, Calif, That airspace extending upward from extensive preparation prior to the effec­ control zone is amended to read as 700 feet above the surface within a 5- tive date. follows: mile radius of Coeur D’Alene air terminal Chico, Calif. (latitude 47°46'30" N., longitude 116°49'05'' (2) This suspension order is necessary W .), and within 2 miles each side of the 071° to reflect current marketing conditions Within a 5-mile radius of Chico Municipal and 251° bearings from the Coeur D’Alene and to maintain orderly marketing con­ Airport (latitude 39°47'45" N., longitude RBN (latitude 47°44'44” N., longitude 116°- 121°51'25'' W.) and within 2 miles each side 57'24” W.) extending from the 5-mile radius ditions in the marketing area. of the Chico VOR 316° radial, extending from (3) This suspension order was re­ the 5-mile radius zone to 8 miles northwest area to 8 miles west of the RBN. quested by the Arkansas Division of Milk of the VOR, excluding the portion within a Effective date. This amendment shall Producers, Inc., whose members comprise 1-mile radius of Ranchaero Airport, Chico, be effective April 25,1968. most of the producers regularly serving Calif, (latitude 39°43'10'' N., longitude 121°52'10'' W .). This control zone is effec­ Issued in Los Angeles, Calif., on Feb­ this market. tive dining the specific dates and times ruary 12,1968. (4) This suspension order will elimi­ established in advance by a Notice to Airmen. t.ee E. W arren, nate a supply-demand adjustment for The effective date and time will thereafter be Acting Director, Western Region. the effective period. The supply-demand continuously published in the Airman’s In­ formation Manual. [F.R. Doc. 68-2119; Filed, Feb. 20, 1968; adjustor provided in the Central Arkan­ 8:46 a.m.] sas order utilizes milk supply and Class I Effective date. This amendment shall utilization data in the Central Arkansas, be effective April 25, 1968. Memphis, and Fort Smith markets. Issued in Los Angeles, Calif., on Feb­ (5) The effect of this suspension order ruary 12,1968. Title 17— COMMODITY AND will be to reduce Class I milk prices in Lee E. W arren, the Central Arkansas market to a level Acting Directbr, Western Region. which will better align such prices with SECURITIES EXCHANGES other nearby order markets. [FJt. Doc. 68-2118; Filed, Feb. 20, 1968; Chapter II— Securities and Exchange 8:46 a.m.] Therefore, good cause exists for mak­ Commission ing this order effective March 1, 1968. [Airspace Docket No. 68-WE-ll] [Release No. IC-5275] It is therefore ordered, That the afore­ said provisions of the order are hereby PART 71— DESIGNATION OF FEDERAL PART 270— RULES AND REGULATIONS suspended for an indefinite period be­ AIRWAYS, CONTROLLED AIRSPACE, INVESTMENT COMPANY ACT OF ginning March 1,1968. AND REPORTING POINTS 1940 (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Alteration of Transition Area Registration Statements and Reports 601-674) The purpose of this amendment to The Securities and Exchange Com­ Effective date: March 1, 1968. Part 71 of the Federal Aviation Regula­ mission has adopted an amendment to

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 RULES AND REGULATIONS 3217

Rule 0-3 (§ 270.0-3) under the Invest­ not be used with the proprietary name ment Company Act of 1940 (“Act” ) re­ Title 21— FOOD AND DROGS or designation in the running text of the lating to the filing with the Commission label or labeling. On any label or page of by registered investment companies of Chapter I— Food and Drug Adminis­ labeling in which the proprietary name amendments to registration statements tration, Department of Health, Ed­ or designation is not featured but is used pursuant to section 8 (of the Act) and ucation, and Welfare in the running text, the established name reports pursuant to section 30 (of the shall be used at least once in the running Act). SUBCHAPTER A— GENERAL tekt in association with such proprietary Formerly, Rule 0-3 (§ 270.0-3) pro­ PART 1— regulations f o r t h e e n ­ name or designation and in the same type size used in such running text: Pro­ vided that an original and three copies of f o r c e m e n t OF THE FEDERAL vided, however, That if the proprietary such amendments to registration state­ FOOD, DRUG, AND COSMETIC ACT name or designation is used in the run­ ments and reports shall be filed with AND THE FAIR PACKAGING AND ning text in larger size type, the estab­ the Commission. The amended rule LABELING ACT lished name shall be used at least once (§ 270.0-3) provides that the number of in association with, and in type at least Prescription Drugs; Use of Established copies filed shall conform to the require­ half as large as the type used for, the Names in Labeling and Advertising ments set forth in the various rules and most prominent presentation of the pro­ The Commissioner of Food and Drugs prietary name or designation in such forms adopted thereunder with respect running text. If any labeling includes a to initial filing of registration statements has considered the comments received in response to his proposal regarding use of column with running text containing de­ arid specific reports required to be filed established names in the labeling and ad­ tailed information as to composition, under the Act. The amendment will vertising of prescription drugs, published prescribing, side effects, or contraindica­ eliminate any discrepancies that may in the F ederal R egister of October 27, tions and the proprietary name or desig­ exist between the filing requirements in 1967 (32 F.R. 14898), and concludes th at, nation is used in such column but is not Rule 0-3 (§ 270.0-3) and other rules and the amendments should be adopted as featured above or below the column, the forms adopted under the Act. proposed. established name shall be used at least Therefore, pursuant to the provisions once in such column of running text in The amendment of the rule (§ 270.0-3) association with such proprietary name is adopted pursuant to the authority of the Federal Food, Drug, and Cosmetic Act (secs. 502 (e), (n), 701(a), 52 Stat. or designation and in the same type size granted to the Commission in sections 8, 1050, 1051, as amended 76 Stat. 790, 791, used in such column of running text: 30, and 38(a) of the Act. ' 792, 52 Stat. 1055; 21 U.S.C. 352 (e), (n) , Provided, however, That if the pro­ The text of the Commission action is 371(a))’ and under the authority dele­ prietary name or designation is used in as follows: gated to the Commissioner by the Secre­ such column of running text in larger tary of Health, Education, and Welfare size type, the established name shall be Rule 0-3 (§ 270.0-3) under the Invest­ used at least once in association with, ment Company Act of 1940 is amended (21 CFR 2.120), §§ 1.104(g) (1) and 1.105(b)(1) are revised to read as set and in type at least half as large as the by revoking the entire present text of forth below. type used for, the most prominent pres­ paragraph (a) and substituting the Effective date. This order shall become entation of the proprietary name or following: effective August 1,1968, for all new print­ designation in such column of running text. Where the established name is re­ § 270.0—3 Amendments to registration ings of prescription-drug labeling and advertising, except for annual publica­ quired to accompany or to be used in as­ statements and reports. sociation with the proprietary name or * * * * * tions such as the “Physicians Desk Ref­ erence” that have been set in type before designation, the established name shall (a) Each amendment shall conform tothat date, and except for labeling and be placed in direct conjunction with the the requirements for the registration advertising materials on hand on that proprietary name or designation, and the statement or report it amends with re­ date which contain a prominent pres­ relationship between the proprietary name or designation and the established gard to filing, number of copies filed, entation of the established name in as­ sociation with the proprietary name name shall be made clear by use of a size, paper, ink, margins, binding, and used. Such excepted material may be phrase such as “brand of” preceding the similar formal matters. used until December 31, 1968, unless an established name, by brackets surround­ * * * * * extension of time is found justified and ing' the established name, or by other (Secs. 8, 30, 38(a), 54 Stat. 803, 74 Stat. 201, is granted by the Commissioner in indi­ suitable means. 54 Stat. 836, 841, 15 U.S.C. 80a-8, 80a-29, 80a- vidual cases. * * * ♦ * 37(a)) (Secs. 502 (e ), (n), 701(a), 52 Stat. 1050, 1051, § 1.105 P r e sc rip tio n -d ru g advertise­ Since the amended rule (§ 270.0-3) is as amended 76 Stat. 790, 791, 792, 52 Stat. ments. * * * * * designed to eliminate any discrepancies 1055; 21 U.S.C. 352 (e ), (n ), 371(a)) that may- exist in the rules and forms Dated: February 14, 1968. (b) (1) If an advertisement for a pre­ scription drug bears a proprietary name adopted thereunder and imposes no ad­ James L. G oddard, or designation for the drug or any in­ ditional duties or obligations on regis­ Commissioner of Food and Drugs. gredient thereof, the established name, tered investment companies, the Com­ Sections 1.104(g) (1) and 1.105(b) (1) if such there be, corresponding to such mission finds that notice and procedure are revised to read as follows: proprietary name or designation shall ac­ Pursuant to the Administrative Proce­ company such proprietary name or des­ dure Act are unnecessary and that the § 1.104 Drugs; statement o f ingredients. ignation each time it is featured in the * * * * * hile (§ 270.0-3) may be made effective advertisement for the drug; but, except immediately upon publication. Accord­ (g) (1) If the label or labeling of a as provided below in this subparagraph, ingly, the rule (§ 270.0-3) shall become prescription drug bears a proprietary the established name need not be used name or designation for the drug or any with the proprietary name or designation effective February 14, 1968. ingredient thereof, the established name, in the running text of the advertisement. By the Commission. if such there be, corresponding to such On any page of an advertisement in proprietary name or designation shall which the proprietary name or designa­ [seal] O rval L. DuBois, accompany such proprietary name or tion is not featured but is used in the run­ „ Secretary. designation each time it is featured on ning text, the established name shall be February 14, 1968. the label or in the labeling for the drug; used at least once in the running text in |F.R. Doc. 68-2114; Piled, Feb. 20, 19681 but, except as provided below in this sub- association with such proprietary name 8:46 a.m.] paragraph, the established name need or designation and in the same type size

No. 36------2 FEDERAL REGISTER, V O L 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 3218 RULES AND REGULATIONS used in the running text: Provided, how­ (b) Target and bombing areas— (1) cluster of flashing red lights at night ever, That if the proprietary name or Along north shore of Albemarle Sound— and a large red flag by day will be dis­ designation is used in the running text in (i) The area. Beginning on the north played from the range observation tower larger size type, the established name shore of Albemarle Sound at the east­ located in the approximate center of shall be used at least once in association ernmost tip of Harvey Point; thence the shore side of this area. with, and in type at least half as large as southeasterly to Day Beacon Number 3; * * * * * the type used for, the most prominent thence southeasterly to latitude 36°03'- [Regs., Jan. 31, 1968, 1507—32 (Albermarle presentation of the proprietary name or 06", longitude 76°16'43"; thence south­ Sound, N.C.)-ENGCW-ON] (Sec. 7, 40 Stat. designation in such running text. If any westerly to latitude 36°02'18", longitude 266, Chap. XIX, 40 Stat. 892; 33 TJ.S.C. 1, 3) advertisement includes a column with 76°19'30"; thence northwesterly to lati­ For the Adjutant General. running text containing detailed infor­ tude 36°04'18", longitude 76°20'20"; mation as to composition, prescribing, thence 23°15' true to the shore; and J. W . Hurd, side effects, or contraindications and the thence northeasterly along the shore to Colonel, AGC, Comptroller, TAGO. proprietary name or designation is used the point of beginning. [F.R. Doc. 68-2100; Filed, Feb. 20, 1968; in such column but is not featured above (2) Along south shore of Albemarle 8:45 a.m.] or below the column, the established Sound— (i) The area. Beginning at lati­ name shall be used at least once in such tude 36°00'43", longitude 76°19'20"; column of running text in association thence to latitude 36°02'40", longitude PART 207— NAVIGATION with such proprietary name or designa­ 76°04'26", thence to latitude 36°00'12", REGULATIONS tion and in the same type size used in longitude 76°04'26"; thence to latitude such column of running text: Provided, 35°59'35", longitude 76°19'20", and Puget Sound Area, Wash. however, That if the proprietary name thence to the point of beginning. This Pursuant to the provisions of section or designation is vised in such column of area is divided into three subareas A, 7 of the River and Harbor Act of running text in larger size type, the es­ ^B, and C as follows: Area A, beginning August 8, 1917 (40 Stat. 266; 33 U.S.C. 1), tablished name shall be used at least once at latitude 36)°00'43", longitude 76° 19'- § 207.750 is hereby amended revising in association with, and in type at least 20"; thence to latitude 36°01'20", longi­ paragraph (a) in its entirety establish­ half as large as the type used for, the tude 76°14'30"; thence to latitude 35°- ing two restricted areas in the Strait of most prominent presentation of the pro­ 59'45", longitude 76°14'30"; thence to Juan de Fuea, Wash., in lieu of the ex­ prietary name or designation in such isting area, effective 30 days after pub­ column of running text. Where the es­ latitude 35°59'35", longitude 76°19'20", and thence to the point of beginning. lication in the Federal R egister as tablished name is required to accompany Area B, beginning at latitude *36°01'20", follows: or to be used in association with thè pro­ longitude 76° 14'30"; thence to latitude § 207.750 Puget Sound Area, Wash. prietary name or designation, the estab­ 36°02'18", longitude 76°07'15"; thence lished name shall be placed in direct (a) Strait of Juan de Fuca, eastern conjunction with the proprietary name to latitude 36°00'05", longitude 76°07'- 15"; thence to latitude 35°59'45", longi­ end; off the westerly shore of Whidbey or designation, and the relationship be­ Island; naval restricted areas— (1) Area tween the proprietary name or designa­ tude 76°14'30"; and thence to the point of beginning. Area C, beginning at lati­ No. 1. Bounded by a line commencing at tion and the established name shall be latitude 48°20'57" N., longitude 122°- made clear by use of a phrase such as tude 36°02'18", longitude 76°07'15"; thence to latitude 36°02'40", longitude 40'39" W.; thence to latitude 48°20'40" “brand of” preceding the established N., longitude 122°42'59" W.; thence to name, by brackets surrounding the es­ 76°04'26"; thence to latitude 36°00,12", longitude 76°04'26"; thence to latitude latitude 48°21'19" N., longitude 122°43'- tablished name, or by other suitable 02" W.; thence to latitude 48°21'13" N., means. 36°00'05", longitude 76°07'15"; and thence to the point of beginning. longitude 122°40'26" W.; and thence [F.R. Doc. 68-2164; Filed, Feb. 20, 1968; * * * * 4: along the shore line to the point of 8:50 a.m.] beginning. (d) The regulations. * * * (2) Area No. 2. Bounded by a line (2) Target and bombing areas. The areas described in paragraph (b) (1) commencing at latitude 48°21'53" N., Title 33— NAVIGATION AND and (2) of this section will be used as longitude 122°40'00" W.; thence to lati­ a target and bombing area for both day tude 48°23'12" N., longitude 122°41'17" NAVIGABLE WATERS and night operations. No use will be W.; thence to latitude 48°23'29" N., made of the area described in paragraph longitude 122°40'22" W.; thence to lati­ Chapter II— Corps of Engineers, (b) (1) of this section for target and tude 48*22*21" N., longitude 122°39'50'' Department of the Army bombing operations during the period W.; and thence along the shore line to 30 days prior to and during the annual the point of beginning. PART 204— DANGER ZONE duck hunting season as established by (3) The regulations, (i) Vessels shall REGULATIONS the State of North Carolina. Dummy not enter these areas except at their own Albemarle Sound, N.C. ammunition, waterfilled or smoke bombs, risk. and inert rockets will be used, except (ii) All vessels entering these areas Pursuant to the provisions of section 7 during wartime when live ammunition, shall be obliged to comply with orders of the River and Harbor Act of August 8, bombs, and rockets may be used. The received from naval sources pertaining 1917 (40 Stat. 266; 3 U.S.C. 1), and areas will be open to navigation except Chapter X IX of the Army Appropria­ for periods when ordnance exercises are to their movements while in the areas. tions Act of July 9, 1918 (40 Stat. 892; being conducted by naval aircraft. In (iii) The regulations in this paragraph 33 U.S.C. 3), paragraphs (b) and (d)(2) area B described in paragraph (b) (2) of shall be enforced by the Commandant, of § 204.54 are revised, disestablishing this section the placing of nets, traps, 13th Naval District, or his authorized the western target and bombing areas buoys, pots, fishponds, stakes, or other representative. along the north and south shores of equipment which may interfere with ***** Albemarle Sound, N.C., effective upon target vessels operating in the area shall [Regs., Jan. 31, 1968, 1507-32 (Puget Sound publication in the F ederal R egister, since not be permitted. The areas will be Area, Wash.)-ENGCW-ON] (Sec. 7, 40 Stat patrolled and vessels shall clear the area the areas are no longer needed, as 266; 33 U.S.C. 1) follows: under patrol upon bang warned by the surface patrol craft or when “buzzed” For the Adjutant General. § 204.54 Albemarle Sound, Pamlico Sound, and adjacent waters, N .C.; by patrolling aircraft. As a further j . W. Hurd, danger zones for naval aircraft oper­ means of warning vessels of naval air­ Colonel, AGC, Comptroller, TAGO. ations. craft operations in the area described [F.R. Doc. 68-2101; Filed, Feb, 20, 1968; * * * * * in paragraph (b) (1) of this section, a 8:45 a.m.]

FEDERAL REGISTER, V O L 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 RULES AND REGULATIONS 3219

(c) Contract specifications shall be ex­ 80 Stat. 996) ). In addition, reprograming Title 32— NATIONAL DEFENSE plicit as to those human factors engi­ action to obtain approval from the Office neering applicable to the materiel or of the Secretary of Defense may be re­ Chapter V— Department of the Army equipment being procured. Human fac­ quired in certain instances, such as, in SUBCHAPTER G— PROCUREMENT tors engineering include, but are not the application of funds (a) to new line limited to, a consideration of the follow­ items not previously presented to Con­ MISCELLANEOUS AMENDMENTS TO ing in terms of the intellectual, physical, gress, or (b) to increases of items in SUBCHAPTER and psychomotor capabilities of intended excess of specified threshold values, or user and maintenance personnel: (c) to items of special interest to one or Chapter V of Title 32 is amended, as (1) Proper assignment of functions to more Congressional Committees (for ex­ follows: machines and to operators. ample, administrative aircraft). BART 591— GENERAL PROVISIONS (2) Human space requirements for op­ eration and access for maintenance. § 591.351—2 Authorizations. 1. Section 591.101 is revised; new (3) Planning of operator functions § 591.109-4 is added; § 591.308 is revoked; For example, construction funds have and analysis of operator tasks. been made available for the hire of pas­ §§591.350 and 591.351 are revised; and (4) Layout of work space and design new §§591.351-1 and 591.351-2 are senger motor vehicles (Public Law of operator stations. 89-202; 79 Stat. 839; 5 U.S.C.A. 174g). added, as follows: (5) Information needed for operator Similarly, section 606 of the Department §'591.101 Purpose of procedure. decisions, e.g., selection of displays and of Defense Appropriation Act, 1968 per­ The Army Procurement Procedure controls. . mits the leasing of personal property (APP), contained in this subchapter, is (6) Environmental conditions, e.g., [such as motor vehicles and aircraft] issued by the Assistant Secretary of the temperature, noxious gases, noise, vibra­ using annual funds, for twelve months Army (Installations and Logistics) by di­ tion, illumination, stress. beginning at any time during that fiscal rection of the Secretary of the Army. (7) Compatibility of the equipment year. Its purpose is to implement and supple­ with the personal and protective gear of 2. Sections 591.356 and 591.357 are re­ ment Subchapter A, Chapter I of this the fully equipped soldier. voked; §§ 591.401(d), 591.403-50(a), and title, and other Department of Defense (8) Communication under operational 591.451 are revised; and new §§ 591.451-1, publications, pursuant to § 1.108 of this conditions. 591.451- 2, 591.451-3, 591.451-4, and title and to establish for the Department (9) Simplification of maintenance. 591.451- 5 are added, as follows: of the Army uniform policies and proce­ (10) Safety in o p e r a t i o n a n d dures relating to the procurement of maintenance. § 591.356 Limitations on purchase and supplies and services. It is emphasized (d) When human factors engineering maintenance of motor vehicles or air­ that ASPR (Subchapter A, Chapter I of other than those listed in paragraph (c) craft. [Revoked] this title) is the primary Department of of this section apply to the materiél or § 591.357 Human factors engineering Defense regulation containing procure­ equipment being procured, they shall- be in research and development con­ ment policies and procedures, and is the explicitly stated in the contract specifi­ tracts. [Revoked] first regulatory source to which procure­ cations. Should any of the factors not ment personnel should make reference. apply to the materiel or equipment being § 591.401 Responsibility o f each pro­ Whenever Army Regulations containing procured, they shall be omitted from the curing activity. policies or procedures relating to pro­ contract specifications. ♦ * * * * cure conflict with ASPR or APP, the § 591.351 Limitations and authoriza­ (d) The Commanding General, Mili­ policies and procedures in ASPR and APP tions concerning the procurement tary District of Washington, U.S. Army, shall govern. and maintenance of motor vehicles shall exercise the functions of Head of and aircraft. § 591.109-4 Deviations required by gov- Procuring Activity for the— ernment-to-govemment agreements. Numerous statutes have been enacted (1) Office of The Adjutant General, Any devaition required by § 1.109-4 of to control the procurement (to include (2) National Board for the Promotion this title to be referred to the ASPR leasing) of motor vehicles and aircraft of Rifle Practice, Committee for consideration shall be for­ as well as their operation, maintenance, (3) Industrial College of the Armed warded to the addressee in § 591.150(b) and repair. Forces, and (6). Each submission shall contain the § 591.351—1 Limitations. (4) National War College. information prescribed in § 1.109-5 of For example, section 16 of the Act of 2 * * * * * this title, and shall identify the law August 1946, as amended (31 U.S.C. which was enacted after execution of the § 591.403—50 Availability o f funds. treaty or executive agreement. 638a-c) restricts the expenditure of funds for the purchase or hire of pas­ (a) Prior to the solicitation of bids, § 591.308 Record o f contract actions. senger motor vehicles or for the purchase proposals, or quotations, except as auth­ [Revoked] of aircraft, their operation, maintenance orized in §§ 1.309, 1.318 and 1.322 of this § 591.350 Human factors engineering in and repair; and imposes ceiling prices title, and in paragraphs (b) and (c) of research and development contracts. on the purchase of passenger motor this section, and prior' to the award of vehicles. Moreover, section 412(b) of the any contract, purchase order, or delivery , ^a-) It is Department of the Army pol­ Act of August 10,1959, as amended (Pub­ order, the contracting officer shall: icy to apply principles of human factors lic Law 86-149; 73 Stat. 322; 10 U.S.C. (1) Ensure that sufficient funds are engineering in the development of weap- 133nt) prohibits the appropriation of °ns and equipment to assure maximum available for the procurement contem­ funds for the procurement of aircraft plated; and effectiveness of the man-machine com- and tracked combat vehicles, and for Dination in the operational environment. their research, development, test and (2) Include a citation of the funds to (See AR 70-8.) evaluation, unless authorized by legisla­ be charged together with a certificate of (b) Research and development con-tion enacted after certain specified dates. availability of funds in the file, except tracts for materiel and equipment which Furthermore, the annual DOD appro­ when funding procedures are automated equire a human being for operation or priations acts frequently contain quan­ and furnish a consolidated commitment aintenance shall include ip the con- tity and monetary limitations on the pur­ and obligation listing with a positive ac­ fn,aC+u (Jec^ cati°ns specific requirements chase of passenger motor vehicles (see, counting trail from the solicitation, con­ nrnf ^c contractor to perform competent, for example, Title HI of the Department tract, purchase order, or delivery order p lessional human factors engineering of Defense Appropriation Act, 1968 (Pub­ ina-enS^re ^ a t human factors engineer- lic Law 90-96; 81 Stat. 231) ; and section to the consolidated listing. rii;w m5iples are incorporated into the 631 of the Department of Defense Appro­ (See AR 37-21, AR 37-42, and AR 37-102) design of the initial prototype. priation Act, 1967 (Public Law 89-687; ♦ * * * 4*

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 3220 RULES AND REGULATIONS

§ 591.451 Contracting officers’ repre­ (b) Within the limitations set forthordering officers to take procurement ac­ sentatives. in paragraph (a) of this section a con­ tions which should normally be taken by § 591.451—1 Selection and designation. tracting officer’s representative may be contracting officers or which can be empowered to take any actions under a timely processed by contracting officers. (a) A contracting officer in adminis­ contract which could be lawfully taken While it is recognized that under certain tering a contract may select and desig­ by the contracting officer except where circumstances the authorization of or­ nate any Government employee, military the terms of the contract itself specifi­ dering officers may be necessary to en­ or civilian, who is a U.S. citizen, to act as cally prohibit a contracting officer’s sure prompt response to immediate re­ his authorized representative. ïn select­ representative from exercising such quirements, the number of ordering ing an individual for designation as his authority. officers shall be kept to the absolute authorized representative, the contract­ minimum considered by the contracting ing officer shall ensure that the individ­ § 591.451—3 Terminations of designa­ tions. officer as essential for the efficient per­ ual possesses qualifications and experi­ formance of the assigned procurement ence commensurate with the authorities Terminations of designations of con­ mission. Ordering officers should be se­ with which he is to be empowered. tracting officers’ representatives shall be lected from within the geographical area (b) Normally a contracting officer's in writing. over which the authorizing authority has representative shall be designated by § 591.451—4 Distribution and acknowl­ procurement support responsibility. In name and position title. Exception: A edgment o f designations. cases of overlapping responsibilities, the designation may. be made by position authority nearest to the ordering officer title only when it is not feasible to desig­ (a) The original and one copy of each shall be responsible for the authorization. nate by name and position title and pro­ designation of a contracting officer’s rep­ vided the designation is clearly under­ resentative shall be furnished the indi­ § 591.452—4 Authorization. standable to all concerned. vidual designated. The designated repre­ * * * * * (c) Each designation of a contracting sentative shall be required to acknowl­ (b) Under § 3.605-3 of this title, con­ officer’s representative shall be in writ­ edge receipt of the designation on the tracting officers may authorize individ­ ing and shall clearly define the scope and original copy and return it to the con­ uals to place calls against blanket pur­ limitations of the authority of the rep­ tracting officer for retention in the ap­ chase agreements. When a blanket pur­ resentative. Changes in the scope and propriate contract file. chase agreement itself designates the limitations of authority may be accom­ (b) Two copies of each designation ordering officer, a letter of authorization plished either by issuance of a new desig­ shall be furnished the contractor con­ (§ 591.452-9) shall not be issued to such nation or by an amendment to the exist­ cerned by the contracting officer. The individual. Also see § 593.605-2 of this ent designation. When one representa­ contractor shall be required to acknowl­ chapter. edge receipt on one copy and return it tive is to act for the contracting officer ***** on more than one contract, separate to the contracting officer for retention in designations shall be issued for each con­ the appropriate contract file. § 591.452—5 Orientation and instruc­ tract. (c) Copies of each designation shall tion. be furnished by the contracting officer (a) Upon authorizing an individual as (d) A designation of a contracting of­ to each contract administration office ficer’s representative shall remain in ef­ an ordering officer, except those enumer­ concerned and to any other official hav­ ated in § 591.452-4 (d ), (e), and (f), and fect through the life of the contract con­ ing a need therefor. cerned unless (1) sooner revoked by the whether or not a letter of authorization (d) Changes in designations and is issued, the individual to whom the or­ contracting officer designating the rep­ terminations of designations shall be dis­ resentative or his successor, or (2) re­ dering officer will be responsible (§ 591.- tributed in the same manner as initial 452-8) shall orient and instruct him voked by the transfer of the individual designations with acknowledgment of designated. either personally or in writing in: receipt being obtained from representa­ (1) The proper use of the procedures (e) Nothing in this section shall be tives and contractors. construed as requiring individuals re­ the individual will be authorized to use; sponsible for accomplishment of broad § 591.451—5 Maintenance o f records. (2) The standards of conduct for De­ partment of the Army personnel pre­ functions of contract administration, (a) Contracting officers shall instruct such as engineering evaluation, testing, scribed in AR 600-50 (Part 579 of this their representatives as to the type of chapter); and and inspection, to be designated as con­ records they should maintain and the tracting officers’ representatives. (3) The preparation and submission of distribution thereof. information for procurement reporting § 591.451—2 Authority and limitations. (b) If the designation of a contracting officer’s representative is revoked for any purposes. (a) A contracting officer’s representa­ reason before completion of the contract ***** tive normally may not be empowered to concerned, the representative shall turn § 591.452—6 Authority and limitations. execute or agree to any contract or modi­ over his records to the successor repre­ fication thereto. Exceptions : A contract­ sentative or forward the records to the (a) If the terms of the contract con­ ing officer’s representative may be em­ contracting officer, as instructed by the cerned permit, ordering officers author­ powered contracting officer. ized under § 591.452-4 (a) may be given (1) To issue change orders under the Cc) When a contract is completed, the authority to: changes clause, provided such change contracting officer’s representative shall (1) Place delivery orders (DD Forms orders do not involve a change in unit forward all records maintained to the 1155) without monetary limitation (i) price, total contract price, quantity, contracting officer for retention in the against Brand Name contracts published quality, or delivery schedule; and appropriate contract file. in Defense Supply Agency Brand Name Supply Bulletins in the SB 10-500 series, (2) To issue or change shipping and 3. Sections 591.452-1, 591.452-4(b), marking instructions which may affect and (ii) against Defense Personnel Sup­ 591.452- 5 (a), 591.452-6(a), 591.452-8, port Center requirements contracts for the unit or total contract price within 591.452- 9, and 591.452-10(c) are revised the limits of funding authority certified to read as follows : subsistence items; to him, provided such shipping and (2) Place calls (see § 612.650 of this marking instructions or changes thereto § 5 9 1 .4 5 2 -1 Policy. chapter) without monetary limitation in no way change the total production It is Department of the Anny policy against indefinite delivery type c o n tr a c ts quantity in the contract delivery sched­ (1) that contracting officers ' appointed awarded by Department of the Army, ule, and provided further that the con­ under § 1.405 of this title be responsible Air Force, or Navy contracting officers tracting officer’s representative furnishes for the efficient performance of the pro­ for the preparation of household goods a copy of each document issuing or curement mission assigned the instal­ for shipment, Government storage, ana changing shipping and marking instruc­ lation or activity concerned and (2) that related services; tions to the contracting officer concur­ the procurement function not be decen­ (3) Place delivery orders (D D Forms rently with its release to the contractor. tralized by indiscriminately authorizing 1155) without monetary limitation 0)

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 RULES AND REGULATIONS 3221 against Defense Petroleum Supply Cen­ Subject: Authorization of Ordering Officer e. Subject to your ensuring that funds ter requirements contracts, and (ii) for (Alternate Ordering Officer). are available and that local purchase author­ To: (Address to individual by name, indicat­ ity exists for the transaction, you may place Federal Stock Pile items maintained by ing rank or grade, section or location, delivery orders (DD Forms 1155) without the Defense Materials System of the and activity or installation). monetary limitation against: General Services Administration; 1. Authorization. Under Army Procurement (1) Defense Petroleum Supply Center re­ (4) Place Service Orders for House­ Procedure 1-452.4, you are authorized an quirements contracts; hold Goods (DD Forms 1164) not to ex­ Ordering Officer (Alternate Ordering Officer) (2) General Services Administration for ceed $2,500 against Commercial Ware­ for the purposes set forth in paragraph 2 Federal Stock Pile items maintained by the housing and Related Services for House­ herein. Your authorization shall become ef­ Defense Materials System of the General fective (enter date) and shall remain effec­ Services Administration; and hold Goods contracts, subject to the tive, unless sooner revoked (until expiration criteria and procedures set forth in AR of the contract(s) enumerated in paragraph (3) The following indefinite delivery type 55-42 and AR 743-455; and 2 herein, or) until you are reassigned or your contracts, copies of which are attached: (list (5) Place delivery orders (DD Forms employment is terminated. You are respon­ contracts by number and name of Contrac­ 1155) without monetary limitation sible to and under the technical supervision tor) . against other indefinite delivery type of the (enter name of installation or activity) f. Subject to your ensuring that funds are contracts awarded by Department of the Contracting Officer for your actions as an Or­ available and that local purchase authority dering officer. exists for the transaction, yoxr may place Army, Air Force, or Navy contracting 2. Authority, limitations, and require­ Service Orders for Household Goods (DD officers. ments. Your authorization is subject to the Forms 1164) against Commercial Warehous­ ***** use of the method (s) of purchase and to the ing and Related Services for Household Goods contracts for military and civilian § 591.452—8 Surveillance. limitations and requirements stated below: a. Subject to your ensuring that local pur­ personnel, subject to the criteria and pro­ (a) Ordering officers, except those chase authority exists for the transaction, cedures prescribed in AR 55—42 and AR 743- enumerated in § 591.452-4 (d), (e), and you may make purchases using imprest funds 455 and provided that no Service Order shall (f), shall be under the technical super­ for payments therefor and using Standard be in an amount of excess of $2,500. vision of the contracting officer who au­ Forms 1165 (Receipt for Cash—Subvoucher), g. You are responsible for (i) distributing provided all of the following conditions are and administering delivery orders that you thorized them or the individual desig­ satisfied: place, (ii) establishing controls necessary nated by the appointing authority in (1) The aggregate amount of a purchase to ensure that all contract terms and condi­ those cases where authorization of order­ transaction is not in excess of $100, or $250 tions are met and that supplies or nonper­ ing officers is made by persons designated under emergency conditions. You may not sonal services ordered conform to contract in § 591.405. split purchases to avoid this monetary limita­ requirements before acceptance is made or (b) Activities of ordering officers, ex­ tion; payment authorized, and (iii) reporting cept those enumerated in § 591.452-4 (d ), (2) The supplies or nonpersonal services deficiencies in contractor performance (e), and (f), shall be inspected or re­ are available for delivery within 30 calendar promptly to the contracting officer who days, whether at the supplier’s place of busi­ awarded the contract against which the viewed at least twice each year by the ness or at destination; and delivery order was placed. You may not make authorizing authority or his designee (3) The purchase does not require detailed any changes in the terms or conditions of any who shall be an individual well qualified technical specifications or technical inspec­ contracts against which you place delivery in procurement procedures used by or­ tion. orders. dering officers. Reviews of ordering of­ b. Subject to your ensuring that funds 3. Standards of conduct and procurement ficers’ activities need not be made on site. are available and that local purchase author­ reporting requirements, a. You shall comply (c) Inspection or review findings shall ity exists for the transaction, you may make with the standards of conduct prescribed in be written and shall include specific com­ purchases by placing calls under Blanket AR 600-50, Standards of Conduct for De­ ments as to whether or not the ordering Purchase Agreements, copies of which have partment of the Army Personnel, and shall officer is: been furnished you, when all of the following review the regulation at .least semi-annually. conditions are satisfied: You shall sign a statement that you have (1) Operating within the scope and (1) The aggregate amount of the purchase read and understand the regulation and shall limitations of his authority; transaction is not in excess of $_____ furnish one copy of your signed statement to (2) Equitably distributing calls among (insert monetary limitation which may not the Contracting Officer to whom you are suppliers with whom blanket purchase be more than $250, except for commissary responsible at the time of acknowledging agreements have been established; ordering officers whose monetary limitation receipt of your authorization. (3) Maintaining the standards of con­ is stated in APP 1-452.6). You shall not split b. You shall furnish the Contracting purchases to avoid this monetary limitation; Officer to whom you are responsible such duct prescribed in AR 600-50 (Part 579 (2) The supplies or nonpersonal services of this chapter); information as may he may require for pro­ are available for delivery within 30 calendar curement reporting purposes in the manner (4) Splitting purchase transactions to days, whether at the supplier’s place of busi­ and at the time specified by him. avoid monetary limitations; ness or at destination; and if (5) Delegating his authority toothers; (3) Purchases are-equitably distributed 4. Termination of authorization, a. Your and among suppliers with whom blanket pur­ authorization may be revoked at any time by the undersigned appointing authority or (6) Submitting correct and timely in­chase agreements have been established. c. Subject to your ensuring that funds are his successor and shall be terminated in formation for procurement reporting available and that local purchase authority writing, except, that no written termination Purposes. exists for the transaction, you may make of your authorization shall be made upon (d) Copies of inspection and review over-the-counter purchases using Standard expiration of contracts enumerated in para­ graph 2 herein unless such contracts are findings shall be retained for 1 year in Forms 44 (Purchase Order—Invoice— terminated prior to the expiration dates the files of ordering officers and of in­ Voucher) or DD Forms 1155 (Order for Sup­ established therein. " spectors or reviewers. plies or Services) provided all of the follow­ ing conditions are satisfied: b. Should you be reassigned from your (e) Should an authorizing authority (1) The aggregate amount of a'purchase present position or should your employment find that an ordering officer is not prop- transaction is not in excess of $250. You be terminated while this authorization is in erly performing his duties or fails to take may not split purchases to avoid this mone­ effect, you shall promptly notify the appoint­ Prompt action to correct deficiencies tary limitation; ing authority in writing so that your author­ ^ inspections or reviews, the au- (2) Supplies of nonpersonal services are ization may be terminated. tfionzing authority shall terminate the immediately available; and authorization of the ordering officer. (3) One delivery and one payment shall be made. (Type Name and Title of Authorizing Authority) § 591.452-9 ^ Format for letters o f au­ d. Subject to your ensuring that funds thorization of ordering officers. are available and that local purchase author­ (b) Individuals authorized as order­ ity exists for the transaction, you may place (a) When letters of authorization are delivery orders (DD Forms 1155) without ing officers shall acknowledge receipt, in by § 591.452-4 to be issued to monetary limitation against: writing, of letters of authorization. cuviduals authorizing them as ordering (1) Brand Name contracts published in (c) Authorizing authorities shall make in ^ shall be. substantially Defense Supply Agency Brand Name Supply distribution of letters of authorization to tn® following format, wording or para- Bulletins in the SB 10—500 series; and ordering officers, imprest fund cashiers, H « * inapplicable to the authorization (2) Defense Personnel Support Center re­ disbursing officers, and such other in­ being omitted. quirements contracts for subsistence items. terested personnel as may be necessary.

FEDERAL REGISTER, V O L 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 3222 RULES AND REGULATIONS

(d) Individuals to whom ordering (b) Rates between points outside the for recruitment overseas of local nationals officers are responsible shall notify con­ United States shall be obtained from the at local wage rates. e. Chief of Engineers for recruitment of tractors of the names of individuals Military Traffic Management and Termi­ civilian personnel in the United States and authorized to place delivery orders nal Service (MTMTS). Puerto Rico, and overseas; recruitment over­ against their contracts, including the § 591.1350 Sources o f transportation seas of local nationals at local wage rates; and individual’s section or location and activ­ assistance. advertising in connection with real estate ity or installation; except that such noti­ and civil and military construction matters fication is not required when individuals Transportation advice and assistance in the United States and Puerto Rico, and authorized as ordering officers are named shall be obtained from the transporta­ overseas. in the contracts. At the discretion of the tion officer of the local or supporting mil­ f. Division Engineers, Corps of Engineers individual, notification to contractors itary activity, or from the Commander, for advertising in connection with real estate Eastern Area, MTMTS, Brooklyn, N.Y. and civil and military construction matters may be accomplished by furnishing con­ in the United States and Puerto Rico, and tractors with copies of letters of author­ 11250, or Commander, Western Area, overseas. ization. MTMTS, Oakland, Calif. 94626, as ap­ g. Commander, Military iraffic Manage­ propriate. ment and Terminal Service for the recruit­ § 591.452—10 Termination of authoriza­ 5. In § 591.5102(c), new subparagraphment of civilian personnel in the United tion. (14) is added, and the first delegation States and Puerto Rico; and advertising of * * * * * of authority, SAOAS-67-1, is revised, Army-owned interchange freight car equip­ (c) Individuals to whom ordering offi­and a new delegation, SAOAS-67-19, ment in official train equipment registers in the United States.- cers are responsible shall notify contrac­ is added, as follows: h. Commanded U.S. Army Mobility Equip­ tors, imprest fund cashiers, disbursing § 591.5102 Delegations o f authority. ment Command, for advertising of Army- officers, and other interested personnel, * * * * * owned or operated passenger car equipment of terminations of authorizations of or­ in official registers of passenger train equip­ dering officers in writing or by furnishing (c) The following delegations are con­ ment in the United States. them with copies of the written termina­ tained in this subpart: 2. The foregoing delegation of authority tions of authorizations. * * * * * becomes effective on December 8, 1967, and, as of that date, Delegation of Authority 4. Section 591.1004 is revised; new (14) SAOAS-67-19 — Delegation of SAOAS-67-1, September 11, 1967, subject: §§ 591.1006 and 591.1006-51 are added; Authority on Labor Relations Matters, Delegation of Authority to Approve the Pub­ and §§ 591.1313-2 and 591.1350 are re­ Military Functions. lication of Advertisements, Notices or Pro­ vised, as follows: D ecember 8, 1967. posals, is superseded without prejudice to any Ref. No.: SAOAS-67-1 action taken pursuant thereto. § 591.1004 Disclosure of information, Delegation op Au th ority T o Approve the R obert A. Brooks, prior to award. P ublication op Advertisements, Notices or Assistant Secretary of the Army, For proposed unclassified negotiated Proposals Installations and Logistics, 1. Under Title 5, United States Code, Sec­ procurements which are estimated to SAOAS-67-19 exceed $100,000 and which involve com­ tion 302(b)(2), I hereby delegate, without authority to redelegate further, the authority D elegation of Au th ority on Labor Rela­ petition, a marking of “For Official Use vested in me by Section 3828 of the Revised tions M atters, M ilitary F unctions Only” shall be applied in accordance Statutes (44 U.S.C. 324) to approve the with AR 345-15 to (a) quotations or August 16, 1967. publication of advertisements, notices or 1. Under Part 5, Subtitle A, Title 29, Code proposals and related working papers, proposals in newspapers for the purposes of Federal Regulations, and paragraphs 18- and (b) requests for award approvals of stated and in the areas indicated to: 704.2(a)(3) and 18-704.16, Armed Services negotiated contracts. This protective a. Commanding Generals, CONUSAMDW; Procurement Regulation, I hereby delegate marking shall remain in effect until Commanding General, US. Army, Alaska; to the Chief of Engineers with authority to negotiations are completed and the Commanding General US. Army, Hawaii; redelegate to a designee at a level no lower Commanding General, US. Army Recruiting than the Head of the Procuring Activity: successful offeror has been awarded the Command; The Adjutant General. contract. Procuring activities should a. Authority to submit a written request consider utilizing the marking for other for recruitment of civilian and military per­ to the Solicitor of Labor for an extension of sonnel in the United States and Puerto Rico. the expiration date of a wage determination sensitive types of information associated b. Commanding General, US. Army Ma­ when, due to unavoidable circumstances, a with unclassified procurement actions, teriel Command; Director of Personnel and wage determination expires after bid opening giving due consideration to the magni­ Training, US. Army Materiel Command; but before award and upon the delegee find­ tude of workload involved. The marking Commanders of: US. Army Aviation Materiel ing that an extension is in the public in­ of certain information received in confi­ Command, US. Army Electronics Command, terest to prevent injustice, undue hardship, dence from private industry, regardless US. Army Missile Command, US. Army Mo­ or serious impairment of the conduct of of the monetary value of the procure­ bility Equipment ComnSand, U.S. Army Muni­ Government business. ment involved, is governed by AR 345-15. tions Command, US. Army Tank-Automotive b. Authority to recommend to the Solicitor Command, U.S. Army Test and Evaluation of Labor that liquidated damages in excess § 591.1006 Release of procurement in­ Command, U.S. Army Weapons Command; of $100 be waived or adjusted upon the formation. Commanding General, US. Army Security delegee finding that such liquidated damages Agency; U.S. Army Sentinel System Man­ administratively determined to be due the § 591.1006—51 Release of information ager, Office of the Chief of Staff, Command­ Government under section 104(a) of the by manufacturers, colleges, and uni­ ing General, US. Army Sentinel System Contract Work Hours Standards Act are in­ versities holding Army contracts or Command, Commander, US. Army Sentinel correct or that the violation by the contrac­ grants, and o th e r commercial System Evaluation Agency; Director of Civil­ tor or subcontractor of the Contract Wor entities. ian Personnel,-US. Army; The Surgeon Gen­ Hours Standards Act was nonwillful or in­ eral; Chief, US. Army Audit Agency; Chief, advertent and occurred notwithstanding the AR 360-27 prescribes policies and U.S. Army Audit Agency; Chief, National exercise of due care'by the contractor or clearance procedures with respect to re­ Guard Bureau; Chief, US. Army Support subcontractor. lease of procurement information by Services. c. Authority to waive or adjust liquidated manufacturers, colleges, and universities for recruitment of civilian personnel in the damages of $100 or less upon the delegee fin - holding Army contracts or grants, and United States and Puerto Rico. ing that such liquidated damages admini- by commercial firms or organizations c. Commanding General, US. Army Strate­ stratively determined to be due the Gover which do not hold Army contracts. Con­ gic Communications Command; Chief, Per­ ment under section 104(a) of the Contr tracting Officers shall comply with the sonnel Administration, Office of the Chief of Work Hours Standards Act are incorrect or requirements set forth therein. Engineers. that the violation by the contractor OJLsu " for recruitment of civilian personnel in the contractor of the Contract Work Ho § 591.1313—2 Sources o f transportation United States and Puerto Rico, and overseas; Standards Act was nonwillful or inadverte and occurred notwithstanding the exercise rates and related costs. and recruitment overseas of local nationals at local wage rates. due care by the contractor or subcontrac (a) Ocean rates and port handling d. Commanding General, US. Army, Ja­ 2. The foregoing delegation of authority costs shall be determined in accordance pan; Commanding General, U.S. Army Com­ becomes effective on September 1, 1967, an , with Department of Army Pamphlet munications Zone, Europe; Commanding as of that date, Delegations of Authority, 55-5, October 1967, subject: World-Wide General, US. Army Forces Southern Com­ July 10, 1964, Adjustment of Cargo Transportation Costs Guide. mand. Damages Under the Contract Work B FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 RULES AND REGULATIONS 3223

Standards Act, and March 1, 1965, Request tract is signed by the Government and § 593.408—52 Change orders awarded, for Extensions of Expired Wage Rate De­ contractor representatives. definitized and outstanding. terminations Under ASFR 12-404.2, are su­ (e) Dollar value of amendments shall perseded without prejudice to any action be entered on Line 2, but the amendment (a) Heads of procuring activities shall taken pursuant thereto. prepare and submit a quarterly report shall not be added into the number col­ on change orders awarded, definitized, R obert A. B rooks, umn. The sums of entries on lines 1 and Assistant Secretary of the Army, and outstanding, Reports Control Sym­ Installations and Logistics. 2, minus entries on line 3, shall equal bol DD-I&L(Q)-680, in the format set the entries on line 4. Entries on line 4 forth in § 593.408-53. Reports shall be PART 593— PROCUREMENT BY shall be aged on lines a through c, the submitted so as to reach the addressee in age to be computed from the date of each NEGOTIATION § 591.150(b) (6) of this chapter in dupli­ basic letter contract through the end of cate within twenty-five (25) calendar 6. Sections 593.207-3, 593.212-2, andthe report period. days after the close of each quarter year. 593.408(d) are revised, and new (f) A list of letter contracts (includ­ §§593.408-50, 593.408-51, 593.408--52, Negative reports are required. ing their amendments) which were aged (b) Heads of Procuring Activities sub­ and 593.408-53 are added, as follows: 6 months or more at the end of the re­ ordinate to Headquarters, U.S. Army Ma­ § 593.207—3 Limitation. port period (lines 4b and 4c) shall be teriel Command or U.S. Continental submitted to show the name of the con­ Army Command shall forward reports Procurement shall not be effected tractor, contract number, date of con­ under this authority unless consistent through the cognizant Headquarters. tract, value, and reason why definitiza­ (c) An undefinitized change order for with pertinent provisions of Subpart L, tion was not accomplished. Part 5 of this title; and AR 715-30. reporting purposes consists of all un­ priced contract change notices (CCN’s) § 593.212—2 Application. § 593.408—51 Formal for report on let­ ter contracts awarded, definitized or other change orders that have not Although §§ 7.104-12 and 16.811 of this and outstanding. been definitized in the contract by sup­ title contain guidance applicable to a Department or the Army procurement subject to negotiation under plemental agreement. this exception, consideration shall also (Name and address of reporting HP A) (d) Change order actions for appeals, be given to pertinent provisions of the LETTER CONTRACTS AWARDED, DEFINITIZED AND letter contracts, or terminations shall not OUTSTANDING DOD Industrial Security Regulation be reported. Period from:_____ ...... T o:______(DoD 5220.22-R). , . (e) The report shall include all § 593.408 Letter contract. Dollar change orders of $10,000 or more. The * * * * * Status Number amount dollar amounts to be reported shall be ($000) (d) See, in addition to Subpart H, Part obligated amounts prior to definitization 7 of this title, §§ 3.903-1 and 3.903-2 of 1. Not definitized at begin- or the estimated value, whichever this title. A letter contract shall also con­ amount reflects the total estimated cost tain a description of the work to be per­ 2. Entered into during period. 3. Definitized during period... impact of the change order. formed. See § 606.551 of this chapter. 4. Not definitized at end of The fee in any cost-reimbursement (f) The dollar amounts shall be re­ a. Under 6 months___ ported hi thousands. Line 4 shall equal type letter contract and in the result­ b. 6 months up to 12 ing definitive contract, and the price Line 1 plus Line 2 minus Line 3. Line 4 negotiation policies and techniques shall c. 12 months or more of the previous report shall be the same be consistent with §§ 3.405 and 3.800 of as Line 1 of the current report. this title, respectively. 1 On separate sheet, list name of contractor, contract number, amendment or modification number, date § 593.408—50 Letter contracts awarded, letter contract was entered into, amount of letter con­ § 593.408-53 Format for report on definitized, and outstanding. tract, and reason the letter contract or amendment change orders awarded, definitized was not definitized at the end of period. and outstanding. (a) Heads of procuring activities shall D epartment of the Army prepare and submit a quarterly report on (Name and address of reporting HPA) Letter Contracts Awarded, Definitized, CHANGE ORDERS AWARDED, DEFINITIZED AND OUTSTANDING and Outstanding, Reports Control Sym­ Period from:______...... To:______;______bol DD-I & L(Q)-679, in the format set forth in § 593.408-51. Reports shall be All actions Actions of $1 million submitted so as to reach the addressee in or more § 591.150(b)-(6) of this chapter in dupli­ Status cate within twenty-five (25) calendar Number DoDars Number DoDars days after the close of each quarter ($000) ($000) year. Negative reports are required. (a) (b) (c) (d) (b) Heads of Procuring Activities subordinate to Headquarters, U.S. Army (1) Not definitized at beginning of period...... Materiel Command or U.S. Continental (2) Entered into during period...... '.______(3) Definitized during period—...... —...... Army Command shall forward reports (4) Not definitized at end of period—Total...... through the cognizant Headquarters. a. Under 6 months______(c) A letter contract for reporting b. 6 months or more...... purposes covered herein consists of a basic letter contract together with all Instructions for preparing change order report: 1. An undefinitized change order for reporting purposes consists of all unpriced contract change notices (CCN’s) amendments thereto, and shall be re­ or other change orders that have not been definitized in the contract by supplemental agreement. ported as a single letter contract. The 2. Change order actions for appeals, letter contracts, or terminations shall not be reported. total obligated dollar value of the basic 3. The report shall include aÛ change orders of $10,000 or more. letter contract combined with the obli- PART 594— SPECIAL TYPES AND Sec. d0!lar value of all amendments 594.108 Grants for basic research. shall be included. Letter contracts and METHODS OF PROCUREMENT 594.108-50 Annual reports. amendment (s) thereto, designated as a 594.113 Scientific and technical reports. «supplemental Agreement to a definitive 7. New Subpart A is added, and Sub­594.113-50 Scientific and technical reports contract shall be considered as a letter part B is revoked, as follows: clause. contract, and shall be reported as such. Subpart A— Procurement of Research A u t h o r it y : The provisions of this Subpart , The dollar amounts to be reported and Development A issued under secs. 2301-2314, 3012, 70A snail be obligated amounts prior to defin- Sec. Stat. 127-133, 157; 10 Ü.S.C. 2301-23Î4, 3012. Definitization shall be con- 594.104 Method of contracting. mered complete when a definitized con­ 594.104-50 Army research and development. § 594.104 Method o f contracting.

FEDERAL REGISTER, V O L 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 3224 RULES AND REGULATIONS

§ 594.104—50 Army research and devel­ ment is required in accordance with the requirement or providing a United States opment. § 6.103-2 (b) of this title. substitute has been considered. Authority (b) Approvals of officials in § 6.103- is granted to procure the above described Contracting officers shall follow in­ item-(s) of foreign origin (country of origin) structions in AR 705-5 in contracting for 2(b) (3) and (4) of this title shall be pre­ at an estimated total cost of $_____ ( in- research and development. pared substantially in the format of Part eluding duty and transportation costs to 2 set forth below and shall be signed by destination. § 594.108 Grants for basic research. the approving authority. (Signature) § 594.108—50 Annual reports. (c) When approval of the Secretary of the Army or Secretary of Defense is (a) An annual report on Grants for required, a letter request containing the Basic Scientific Research and Transfer following information shall be forwarded PART 597— CONTRACT CLAUSES of Title to Government Equipment (Pub. through procurement channels to the 9. S e c t i o n s 597.150-2, 597.150-3, Law 85-934), Reports Control Symbol addressee in § 591.150(b) (7) of this 597.204-51, and 597.403-51 are revoked, DD-I&L(A) 598, shall be prepared and chapter; as follows: submitted by Army agencies listed in (1) A description of the item or items, AR 70-5 on DA Forms 2697-R in accord­ including unit'and quantity; § 597.150—2 Rental o f gas cylinders. ance with instructions therein. (2) The estimated cost, including [Revoked] (b) An annual report on Participation transportation costs to destination and § 59 7.15 0—3 Cost - plus-a-percentage-of- in the Costs of Research Supported by any applicable duty; cost subcontracting. [Revoked] Federal Grants, Reports Control Sym­ (3) The country of origin (see Subpart bol DD-I&LiA) 793, shall be prepared § 597.204—51 Cost-plus-a-percentage-of- D, Part 6 of this title regarding restric­ cost subcontracting. [Revoked] and submitted by Army agencies in ac­ tions on purchases from communist cordance with instructions issued by the areas) ; § 597.403—51 Cost-plus-a-percentage-of- Office of the Chief of Research and De­ (4) The name and address of the cost subcontracting. [Revoked] velopment, Department of the Army. prospective contractor; § 594.113 Scientific and technical re­ (5) A brief statement of the necessity PART 599— PATENTS, DATA, AND ports. for the procurement; COPYRIGHTS (6) A statement of facts establishing § 594.113—50 Scientific and technical the nonavailability of items of domestic 10. Part 599 is revised to read as reports clause. origin which are similar or which can be follows: Each contract requiring performance used as an acceptable substitute; and Sec. of a research study may contain a clause (7) A statement giving reasons why 599.050 Definitions. similar to that set forth below, provided the requirement cannot be foregone. prior approval is obtained from the (d) When approval of the Secretary Subpart A— Patents- Technical Director of the sponsoring of the Army or Secretary of Defense is 599.103 Patent indemnification of Gov­ Army laboratory, or his designee, to in­ obtained, the contracting officer shall use ernment by contractor. clude the clause. The purpose of the the Secretarial approval in lieu of Part 599.103-4 Waiver of indemnity by the clause is to cause the contractor, in cases 2 of the Determination.set forth below. Government. 599.109 Administration of patent rights where the nature of the research is such (e) A copy of each determination and clauses. that the contractor will normally pub­ approval for procurement shall accom­ 0^9.109-2 Followup by Government. lish or disseminate the results outside of pany the payment voucher. 599.112 Adjustment of royalties. military channels, to submit, in draft (f) The format for determination and form, a copy of the report of the study, to approval referenced above follows: Subpart B— [Reserved] the contracting officer, prior to any pub­ D etermination Subpart C— Foreign License and Technical lication or dissemination by the con­ Assistance Agreements tractor. The contracting officer shall PART 1 599.304 Foreign license and technical as­ determine the security classification, if D ate:______- ____ sistance agreements between a any, and ensure that the report is factu­ domestic concern and a for­ ally accurate and complete. Pursuant to the authority contained in Section 2, Title I I I of the Act of 3 March eign government or concern. Report__ ___(April 1965) 1933, popularly called the Buy American Act 599.304-2 Review of agreements. The Contractor shall submit, In draft form, (41 U.S. Code 10 a-d). I hereby find: a. (Description of the item or items to be Subpart D— Processing of Licenses, Assignments a copy of the report of the study called for and Infringement Claims In this contract prior to any publication or procured, including unit, quantity and esti­ dissemination of the information contained mated cost inclusive of duty and transporta­ 599.406 Investigation and administrative therein. The draft report shall contain either tion costs to destination.) disposition of claims. a completed DD Form 1473 (Document Con­ b. (Brief statement of the necessity for the 599.406- 50Authority. trol Data—R&D), or a draft of such form procurement.) 599.406- 51Patent claims received in De­ with pertinent comments. Thirty days shall c. (Statement of facts establishing the partment of the Army. be allowed for the Contracting Officer’s ap­ nonavailability of a similar item or items of 599.406- 52 Settlement of claims and pro­ proval unless a longer period is agreed upon. domestic origin.) curement of invention and Based upon the above showing of fact, it patent rights by designee. Subpart B— Procurement of Research is determined that the above described 599.406- 53 Fiscal procedures. and Development [Revoked] item(s) is (are) not mined, produced, or 599.406- 54 Approval of agreements. manufactured, or the articles, materials, or 599.406- 55 Contract distribution. supplies from which it (they) is (are) manu­ 599.411 Procurement of invention and factured, are not mined, produced, or manu­ PART 596— FOREIGN PURCHASES patent rights. factured, as the case may be, in the United 699.411- 50 Proposed licenses and assign­ States in sufficient and reasonably available ments. 8. Section 596.103-2 is revised to readcommercial quantities and of a satisfactory as follows: 599.411- 51Procedures applicable to pro­ quality. curements of invention and § 596.103—2 Nonavailability in the patent rights. (Signature) United States. 599.411-52 Gratuitous grants. PART 2 599.450 Format for gratuitous grant. (a) When determinations of non­ availability in the United States are re­ The requirement of the Buy American Act Au t h o r it y : The provisions of this Par quired to be prepared, they shall be sub­ that procurement be made from domestic 599 issued under secs. 2301-2314, 3012, 70 sources and that it be of domestic origin Stat. 127-133, 157; 10 U.S.C. 2301-2314, 301-s. stantially in the format of Part 1 set is not applicable to the above described pro­ forth below and shall be signed by the curement, since said procurement is within § 599.050 Definitions. contracting officer. Determinations are the nonavailability exception stated in the not required for items listed in § 6.105 of Act. In accordance with the Balance of Pay­ As used in this part the following terms this title, however approval for procure­ ments Program, the feasibility of foregoing have the meanings assigned:

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 RULES AND REGULATIONS 3225

(a) Chief, Patents Division. The term Subpart D— Processing of Licenses, minable at the time of execution of the “Chief, Patents Division” means the A ssig n m e n ts, and Infringement contract, is subject to the provision that allotment of funds available for the pur­ Chief, Patents Division, Office of The Claims judge Advocate General, Department of pose shall not be exceeded. Officers the Army, Washington, D.C. 20310. § 599.406 Investigation and administra­ charged with making such agreements (b) Patent Counsel. The term “patent tive disposition o f claims. shall submit the proposed agreements, counsel” means the patent counsel of the § 599.406—50 Authority. prior to incurring any obligation, to the designee involved; or, if none, the Chief, cognizant finance and accounting officer Patents Division. (a) Acquisition of Licenses and Re­ for verification as to sufficiency of funds leases of Past Infringement. The Com­ for that purpose. The following state­ "Subpart A— Patents manding General, U.S. Army Materiel ment shall be included on the face of the Command; the Chief of Engineers; The § 599.103 Patent indemnification of contract: Government by contractor. Surgeon General; and the designees of x The supplies and services to be obtained any of the foregoing are authorized, by this instrument are authorized by, are § 599.103—4 Waiver of indemnity by the subject to the limitations of this part for the purpose set forth in, and are charge­ Government. and Subpart D, Part 9 of this title, to able to the following allotments; the avail­ Specific patents may be excluded in acquire the items and rights described in able balances of which are sufficient to cover accordance with § 9.103-4 of this title 10 U.S.C. 2386 and to enter into agree­ the cost of the same: only with the prior approval of the Chief, ments in settlement of claims there­ (b) An agreement to pay running Patents Division, except that approval under. Other procuring activities shall royalties on future procurement propor­ may be exercised for the U.S. Army request authority from the addressee in tioned to use is not subject to the pro­ Materiel Command by the Commanding § 591.150(b)(1) of this chapter through vision mentioned in paragraph (a) of General thereof and by any designee of the Chief, Patents Division. this section. the Commanding General, U.S. Army (b) Claims Under Foreign Assistance (c) Any fiscal questions involving Materiel Command, having, patent Act. The Commanding General, U.S. patent matters may be referred to the counsel. Army Materiel Command; the Chief of Chief, Patents Division for opinion or Engineers; and the Commanding Gen­ resolution. § 599.109 Administration of patent eral, U.S. Army Strategic Communica­ § 599.406—54 Approval of agreements. rights clauses. tions Command are authorized [see § 599.109—2 Follow-up by Government. § 591.5102(c) (3) of this chapter] to (a) Agreements requiring approval. enter into agreements in settlement of Approval by or on behalf of the Assistant Headquarters U.S. Army Materiel Judge Advocate General for Civil Law is Command, and each Head of Procuring claims asserted under Section 606(b) of Activity not subordinate to that Head­ the Foreign Assistance Act of 1961 and required of all agreements authorized by predecessors [Section 506 of the Mutual the Foreign Assistance Act of 1961 (22 quarters issuing contracts for experi­ U.S.C. 2356) (formerly the Mutual Se­ mental, developmental, or research work, Security Act of 1954 and Section 517 of the Mutual Security Act of 1951]. curity Act of 1954); the Invention shall establish a follow-up system as Secrecy Act (35 U.S.C. 181-188); or 10 required by § 9.109-2 of this title. In § 599.406—51 Patent claims received in U.S.C. 2386 where the agreement this connection see the withholding Department o f the Army. (1) Provides for total payment by the provisions set forth in paragraph (g) of Government, including reasonably antic­ clause in § 9.107-5 (a) of this title and Any communication received by any paragraph (f) of clause in § 9.107-5 (b) activity of the Department of the Army ipated royalties of $100,000 or more; of this title. in which claim is made that the manu­ (2) Includes a license— facture, use, or disposition of any article, (i) Limited to less than all Govern­ § 599.112 Adjustment of royalties. material, or process by or for that agency ment agencies on the same terms; or Personnel having cognizance of patent of any other agency or component of the ■ (ii) Not providing for disposition in matters shall report, through channels, Army, involves the use of any invention, accordance with law of any article or ma­ to the Chief, Patents Division, the final whether patented or unpatented, and terial embodying the subject of the results of any action taken in compli­ making a claim for compensation or license; ance with § 9.112 of this title, as well as offering to grant a license therefor, shall (3) Provides for compensation for any actions initiated by such personnel be transmitted to the Head of the Pro­ damages other than for infringement of themselves. curing Activity (or, in the case of the patents or copyrights; e.g., claims under U.S. Army Materiel Command, to the the Foreign Assistance Act or the Inven­ Subpart B— [Reserved] Commanding General, U.S. Army Ma­ tion Secrecy Act; teriel Command) which has ordered the (4) Contains a release or license which Subpart C— Foreign License and manufacture, use, or disposition of the may operate to release' a contractor from Technical Assistance Agreements subject matter in question. Such Head of an obligation to indemnify the Govern­ Procuring Activity shall thereafter cause ment; § 599.304 Foreign license and technical the claim to be processed in accordance (5) Is in settlement of patent or copy­ assistance agreements between a do­ mestic concern and a foreign govern­ with these regulations, AR 27-6, and right infringement liability for the use ment or concern. ASPR Section IX, Part 4. of foreign patents or copyrights; § 599.406—52 Settlement o f claims and (6) Is with a government or a national § 599.304—2 Review o f agreements. procurement o f invention and patent of a government within the scope of a Proposed foreign license and technica rights by designee. Foreign Assistance Program; assistance agreements between domestic The designee to whom the claim has (7) Contains a deviation from the re­ concerns and foreign governments o: been cleared may, subject to the avail­ quirements of ASPR or APP; or concerns forwarded to the -Departmen ability of appropriations and allotments (8) Requires the signature of or con­ of the Army under the provisions o of funds in his activity, settle such claims currence on behalf of another agency of § 9.304-1 °f this title shall be referred t< in accordance with these regulations, AR the Government. the cognizant procuring activity for re1 27-6, and § 9.406 of this title by execu­ (b) Submission for approval. Where view in accordance with § 9.304-2 of thii tion of a contract of release and license approval of an agreement is required by title by appropriate patent and technica or release and assignment. paragraph (a) of this section, the des­ personnel. The comments and recom' ignee shall submit the executed agree­ mendations of the reviewing procuring § 599.406—53 Fiscal procedures. ment in the number required to be ap­ activity shall be forwarded to the Deput1 (a) An agreement to pay a fixed proved (plus an unexecuted copy) to the J-nief of Staff for Logistics, PEMA Exe amount for the purchase of a paid up Chief, Patents Division. The agreement cution Division, Industrial Defense license and release or an assignment and shall be accompanied by a memorandum branch, Department of the Army release, or a release either by way of of facts signed by or on behalf of the Washington, D.C. 20310. lump-sum payment or an amount deter­ designee setting forth, where pertinent:

No. 36- FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 3226 RULES AND REGULATIONS

(1) The identification and brief de­ assignment made in accordance with this unilateral grant format set forth in scription of the subject matter of the part. The original shall be forwarded by § 599.450 shall be used. If the grant is patent, patent application, or invention the designee [unless the contract does to be executed by the Government, involved in the claim being settled; not involve the payment of money to the the appropriate mandatory clauses in (2) The date of clearance granted conrtactor] to the addressee in § 591.150 § 9.409-1 of this title shall be included pursuant to AR 27-6; (b) (12) of this chapter for the General unless approval to omit them has been (3) A brief statement of the designee’s Accounting Office. An executed copy, to­ obtained from the Chief, Patents Divi­ conclusions regarding validity and in­ gether with a second copy which may be sion. In all clauses, the words “grant” fringement and the reasons therefor; unexecuted, shall be transmitted without and “grantor” shall be substituted for (4) A statement of the extent of Gov­ delay by the designee to the Chief, “contract” and “contractor.” ernment use of the invention, including Patents Division for recording in the U.S. the estimated money value of the claim, Patent Office. The memorandum of § 599.450 Format for gratuitous grant. if any, and an estimate of future pro­ transmittal shall include the designee’s D epartment op th e Arm y P atent License curement, if any, involving possible in­ recommendation whether {he instrument and R elease G rant crease of the amount of the claim; should be filed in the public register, de­ This grant, made t h i s _day of _____ s (5) A statement of the interest of any partmental register, or the secret regis­ 19—, by ------(hereinafter called the other Department in the matter with a ter. This memorandum shall also set grantor), [a corporation organized and ex­ summary of extent to which coordina­ forth: _ isting under the laws o f ______] i [a (1) The name of the claimant; name partnership consisting o f ______j 1 tion has been effected or should be [an individual trading as ______] 1 of effected; of the releasor, licensor, or assignor; and the City of ______. in the State of (6) A specific reference to the reasons name of the patentee or inventor; ------in favor of the United States of the requested approval is necessary as (2) The patent number or patent ap­ America (hereinafter called the Govern­ cited in paragraph (a) of this section. plication serial number; and ment) witnesseth that (7) The reasons for any deviation (3) A statement that the instrument Whereas, to aid the national defense and from any prescribed contract clause, and effects settlement of the claim for which promote the common welfare various patent a precise statement of such deviation; clearance was granted. owners have granted and are continuing to grant royalty-free licenses and releases to (8) A recommendation, with sup­ (b) Contracts providing for payment the Government to practice the inventions porting reasons, that. the contract be of a running royalty. A copy of each secured by their patents and applications approved; license \yhich provides for the payment for patents, and (9) A recommendation that the in­ of a running royalty shall be transmitted Whereas, the Government has used many strument, if approved, be filed in the by the designee to each interested head such inventions for purposes aforesaid, and public register, departmental register, or of procuring activity. Receipt of such is desirous of obtaining further royalty-free the secret register of the U.S. Patent copy shall constitute notice that future licenses and releases including this license Office; procurement of the licensed subject mat­ and release, (10) A statement that the instruisent ter requires the payment of royalties to 1 Omit inapplicable language. effects settlement of the claim for which the licensor. Where necessary, such in­ Now, therefore, in consideration of the clearance was granted; and terested head of procuring activity shall premises and of the grant by other patent (11) A statement that the evidence^ notify procurement and price analysis owners of like licenses and releases to the indicates that the profferor has the title offices affected. Government, the Grantor has agreed as to the patents or copyrights forming the follows: basis of the agreement. § 599.411 Procurement o f invention and Article 1. [License] [Assignment].1 patent rights. [Insert the clause in ASPR 9—409.3(a) for a (c) Contract provision. Agreements § 599.411—50 Proposed licenses and license: or the clause, in ASPR 9-410 for an falling within the provisions of para­ assignment] assignments. graph (a) of this section shall contain Article 2. Term. the following statement; Any officer or employee of a procuring' [Insert the clause in ASPR 9-409.3(b) for activity shall promptly forward to the a license: no clause is required if the As­ Approval of contract. This contract ¡shall signment clause in ASPR 9-410 is inserted be subject to approval, for the Secretary of chief patent counsel or legal officer of his activity any communications received by in Article 1 ] the Army, by or on behalf of the Assistant Article 3. Release of Past Infringement. Judge Advocate General for Civil Law, De­ him relating to proposed patent licenses [Insert the clause in ASPR 9-409.2(a) ] partment of the Army, and shall not be bind­ or assignments. Any other person receiv­ Article 4. Nonestoppel. ing until so approved. ing such communications shall forward [Insert the clause in ASPR 9-409.1 (f) ] (d) Approval. Agreements falling them to the Chief, Patents Division, for Article 5. Successors and Assignees.2 within the provisions of paragraph to) proper action. This Grant shall be binding upon the Grantor, its successors and assignees. of this section shall contain the follow­ § 599.411—51 Procedures applicable to In witness whereof, the Grantor has ex­ ing entry on the signature page: procurement of invention and patent ecuted this instrument as of the day and year Pursuant at APP 9-406.54, the foregoing rights. above written. contract is hereby approved. The requirements and procedures in . B y ------— ------§ 599.406 for the investigation and settle­ (Assistant Judge Advocate General for Civil ment of administrative claims of in­ (Name of the Grantbr) Law, Department of the Army) fringement, particularly § § 599.406-53, 599.406-54, and 599.406-55, are generally (Signature and Title) Date;______applicable to the procurement of license^ (e) Recordation. Upon approval of theand assignments except that item (3) (Business Address) instrument by or on behalf of the Assist­ of § 599.406-55(a) is changed to read: (Corporate Seal) ant Judge Advocate General for Civil (3) A statement that the instrument pro­ Two witnesses: Law, the Chief, Patents Division shall cured constitutes the license or assignment forward one executed copy of the instru­ for which clearance was granted. (Address) ment directly to the U.S. Patent Office § 599.411—52 Gratuitous grants. for recordation in the recommended reg­ ister. The remaining executed and ap­ Various patent owners, for the purpose proved copies shall be returned to the of assisting national defense, have vol­ (Address) designee for distribution. untarily granted royalty-free licenses, assignments, and releases to the Govern­ PART 602— LABOR § 599.406—55 Contract distribution. ment to practice the inventions covered (a) General. The designee shall ob­ by their patents and applications for 11, Section 602.102 is revised to read tain the original and at least one exe­ patents. To provide a simple standard­ as follows: cuted copy of each release, license, and ized form for such gratuitous grants, the § 602.102 Overtime.

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 RULES AND REGULATIONS 3227

PART 603— GOVERNMENT regulations relating to the applicability 535), 245 DM-I (27 FJEt. 6395), National of State fishing laws, dumping of refuse, Park Service Order No. 34 (31 F.R. 4255), PROPERTY and protection of wildlife since these Regional Director, Northeast Region Or­ 12. Section 603.1408 is revised to readmatters are provided for in Part 2 of der No. 5 (31 F.R. 8135), as amended, as follows: this title. § 7.40 is amended by revoking paragraph Interested persons were given 30 days (a) (2). This regulation which prohibits §603.1408 Mandatory exchange/sale within which to submit written com­ fishing from boats is no longer needed. category list. ments, suggestions or objections with Since this amendment imposes no ad­ See Chapter in, Part 2, Attachment respect to the proposed revision. No ditional restrictions upon the public, ad­ 2 of AR 755-20 for listing. comments, suggestions, or objections vance publication and a delayed effective have been received and the proposed re­ date are determined to be unnecessary vision is hereby adopted without change and impractical and not in the public PART 606— PROCUREMENT FORMS and is set forth below. This revision shall interest. Therefore this amendment shall 13. Section 606.5001-2 is revised to take effect 30 days following the date of take effect immediately upon publication read as follows: its publication in the F e d e r a l R e g is t e r . in the Federal R egister. Paragraph (a) of § 7.27, Title 36 of (5 U.S.C. 553; 39 Stat. 535; 16 UJ3.C. 3) § 606.5001—2 Translations. the Code of Federal Regulations is To facilitate procurement in foreign amended by revising subparagraphs (2) Section 7.40 of Title 36 of the Code countries, authority is granted to re­ (i) and (6) thereof as set forth below, of Federal Regulations is hereby produce a translation of any form. Either and by revoking subparagraph (8) , and amended by revoking subparagraph (2) a bilingual form may be used, or the amending the number “ (8)” in the last of paragraph (a) Fishing as set forth translation may be printed as a separate clause of the introductory text of para­ below. form. When the foreign language graph (a) to read “ (7)” . Paragraph (c) § 7.40 Hopewell Village National Historic translation is printed as a separate form is revised and paragraph (d) is revoked. Site. it shall be attached to its corresponding approved form. In either instance the § 7.27 Fori Jefferson National Monu­ (a) Fishing. * * * clause in § 3.608-2Cb) (2) (ii) (b) of this ment. (2) [Revoked] title shall be inserted in the Schedule. (а) Fishing. * * * John C. R iddle, (2) Crawfish (Panulirus argus), Flor­ Superintendent, Hopewell ida Lobster, Langouste: Village National Historic Site. PART 612— SERVICE CONTRACTS (i) The limit of catch of crawfish shall F ebruary 1, 1968. 14. Section 612.150-1 is revised to read be two per person per day, except that as follows: the total for any one vessel haying more [F.R. Doc. 68-2110; Filed, Feb. 20, 1968; 8:45 a.m.] § 612.150—1 Renewal of contracts. than 12 persons aboard shall not exceed 25 crawfish. Contracts for services, other than ***** maintenance o f facilities, using Opera­ tions and Maintenance, Army funds, (б) Closed waters: Marine life shall Title 41— PUBLIC CONTRACTS where no end item will be delivered, shall not be disturbed or taken from the moat not extend beyond the fiscal year in or from waters within 500 feet of the AND PROPERTY MANAGEMENT which awarded but may contain an moat wall at Garden Key, or from the option to renew in the succeeding fiscal cove bounded by Garden, Bush, and Long Chapter 101— Federal Property year (§ 591.355 of this chapter: Subpart Keys north of the 5-foot channel, except Management Regulations O, Part 1 of this title; and Subpart O, that sport fishing in deep water channels Part 591 of this chapter). and from any pier within that area is SUBCHAPTER A— GENERAL permitted. PART 101-5— CENTRALIZED SERV­ [C6, APP, Dec. 22, 1967] (Secs. 2301-2314, ***** 3012, 70A Stat. 127-133, 157; 10 U.S.C. 2301- ICES IN FEDERAL BUILDINGS 2314, 3012) (8) [Revoked] Pooling of Equipment and Personnel For The Adjutant General. * * * * * (c) Aircraft; designated landing areas. and Prior Announcement by GSA of J. W. H urd, Availability of Centralized Service Colonel, AGC, Comptroller, TAGO. Aircraft may be landed in the waters within a radius of 1 nautical mile of the To Be Furnished by Another Federal IF.R. Doc. 68-2099; Piled, Feb. 20, 1968; Fort situated at Garden Key, but ap­ Agency- 8:45 a.m.] proaches, landings, and takeoffs shall not be made within 300 yards of Bush Key. A change in the type of equipment in­ Seaplanes may be moored or brought up cluded under the term “duplicators” in on land only on the beach north of the Title n : Equipment, of the Government Title 36— PARKS, FORESTS, main pier at Garden Key. Helicopters Printing and Binding Regulations, may land at the helipads on the coaling No. 18,. has required amendment of AND MEMORIALS docks. § 101-5.203-6 relating to pooling of (d) [Revoked] Chapter I— National Park Service, equipment and personnel. This section R obert I. K err, has also been clarified as to which per­ Department of the Interior Acting Superintendent, Fort Jefferson National Monument. sonnel of affected agencies may be iden­ PART 7—SPECIAL REGULATIONS, tified fdr transfer to an operating agency. AREAS OF THE NATIONAL PARK February 1, 1968. Section 101-5.205-3 concerning actions SYSTEM [F.R. Doc. 68-2109; Filed, Feb. 20, 1968; 8:45 a.m.] to be taken prior to operation of a plant Fort Jefferson National Monument, has been amended to provide for a GSA Fla. PART 7— S P EC IA L REGULATIONS, announcement of availability of cen­ tralized duplicating services to be fur­ i vuiiPr«Posa* was Published on page AREAS OF THE NATIONAL PARK J-o/bl of the Federal R egister of No- SYSTEM nished by another Federal agency. 16’ 1967> to'sevise § 7.27 of Title Hopewell Village National Historic Subpart 101-5.2-— Centralized Field of the Code of Federal Regulations, to Duplicating Services in S1^ a*'e areas authorized for the-land- Site, Pa. tv.® j - aircraft; to prohibit fishing and Notice is hereby given that pursuant Sections 101-5.203-6 (a) and (b), cpv+0^lstur'bance of marine life within to the authority contained in section 3 101-5.204-2, and 101-5.205-3 are amend­ oam waters; and to revoke certain of the Act of August 25, 1916 (39 Stat. ed to read as follows:

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 3228 RULES AND REGULATIONS

§ 101—5.203—6 Pooling of equipment Inquiries should be addressed to the and personnel. Title 43— PUBLIC LANDS: .Manager, Land Office, Bureau of Land (a) In establishing centralized repro­ Management, Phoenix, Ariz., or River­ duction facilities in Federal buildings, INTERIOR side, Calif., as appropriate. GSA regional offices will make arrange­ H arry R. A nderson, ments with participating agencies for Chapter II— Bureau of Land Manage­ Assistant Secretary of the Interior. the transfer of duplicating and related ment, Department of the Interior equipment for the centralized plant. The February 15, 1968. duplicating equipment for transfer shall APPENDIX— PUBLIC LAND ORDERS [F.R. Doc. 68-2108; Piled, Peb. 20, 1968; be as defined in current Government [Public Land Order 4367] 8:45 a.m.] Printing and Binding Regulations issued [Arizona 439; Riverside 266] by the Joint Committee on Printing Equipment transferred to the agency ARIZONA AND CALIFORNIA Title 50— WILDLIFE AND operating the centralized plant shall be Partial Revocation of Executive Order without reimbursement to the owning agency. Nonautomatic copy-processing No. 8685 of February 14, 1941 FISHERIES machines which produce single copies By virtue of the authority vested in Chapter I— Bureau of Sport Fisheries only and require rehandling of the origi­ the President by section 1 of the act of nal to produce each additional copy, as -June 25, 1910 (36 Stat. 847; 43 U.S.C. and Wildlife, Fish and Wildlife well as reproduction, addressing, and 141), and otherwise, and pursuant to Service, Department of the Interior automatic copy-processing equipment Executive Order No. 10355 of May 26, PART 28— PUBLIC ACCESS, USE, used in bona fide systems applications^ 1952 (17 F.R. 4831), it is ordered as AND RECREATION may be retained by mutual agreement follows : with the owning agencies. Transferred 1. Executive Order No. 8685 of Feb­ Prime Hook National Wildlife Refuge, equipment which is not used in the cen­ ruary 14, 1941, establishing the Imperial Del. tralized plant will be held for a period National Wildlife Refuge, is hereby re­ of 6 months at which time it will be dis­ voked so far as it affects the following The following special regulation is is­ posed of by GSA in accordance with ap­ described lands : sued and is effective on date of publica­ plicable regulations governing the dis­ tion in the Federal R egister. A rizona posal of excess property. GILA AND SALT RIVER MERIDIAN § 28.28 Special regulations; recreation; (b) Personnel employed in the du­ for the individual wildlife refuge plicating activity of the affected agency T. 5 S., R. 21 W., areas. will be identified for transfer to the op­ Secs. 18 to 20, inclusive; D elaware erating agency upon establishment of a Secs. 29 to 31, inclusive. T. 6 S., R. 21 W., PRIME HOOK NATIONAL WILDLIFE REFUGE centralized plant, in accordance with Secs. 6 to 8 , inclusive; Civil Service Commission regulations Secs. 17 to 20, inclusive; Travel by motor vehicle, bicycle, horse­ relating to the transfer of functions. Secs. 29 to 30, inclusive. back, or on foot is permitted unless pro­ * * * * * T. 5 S., R. 22 W., hibited by posting, for the purpose of sec. 13, ei/2ei/2, ei/2wi/2nei/4, Ey2Ey2wy2 nature study, photography, hiking, and § 101—5.204—2 Announcement of cen­ wy2NE%, Ey2wy2Ey2wy2wy2NEy4, Ey2 sightseeing, during daylight hours. Pets tralized services. N W % SE 14, E i/2 E i/2 W y2 NW % SE %, Ey2 are permitted if on a leash not over 10 * * * * * w y2 e y2 w y2 nw 14 s e 14, wy2wy2NE% NW^NW^SE^, Ey2 NW%NW%NWi4 feet in length. Under special regulations, (c) A current price schedule; SE 14, NE14SWV4 SE 14, Ey2Ey2NW»ASW»4 fishing is permitted. Public hunting may (d) Procedures for obtaining service; SE 14, E i/2 W y2 E y2 NW 14 SW14 S E14, Ei/2 be permitted on parts of the refuge by and NE34 SW *4 S W14 SE 14, E y2 W y2 NE 14 S W14 special regulations. (e) Billing procedures. SW%SE%, N i/2 SE (4 SW % SE 14. The refuge area, comprising 4,642 Sec. 24, Ny2 Ny2 NE 14 NE 1 4 . acres, is delineated on maps available at § 101—5.205—3 Actions prior to opera­ T. 6 S., R. 22 W., tion o f plant. Secs. 1, 2, 11, 12, 13, 25, and 36. refuge headquarters and from the office * * * * * of the Regional Director, Bureau of The areas described aggregate 10,905.06 (c) After coordination with the desig­acres in Yuma County. Sport Fisheries and Wildlife, Post Office nated operating agency to obtain its cur­ and Courthouse, Boston, Mass. 02109. rent price schedule, procedures for ob­ C a l i f o r n i a Provisions of this special regulation taining service, and billing procedures, SAN BERNARDINO MERIDIAN supplement the regulations which gov­ GSA will announce the availability of the T. 14 S., R. 23 E„ ern recreation on wildlife refuge areas Sec. 1, lots 1, 2, 3. W% lot 4, Wy2SE%NE^, centralized field duplicating plant in the generally, which are set forth in Title manner prescribed in § 101-5.204-2. SW % NE 1 4 , Sy2 NWi,4 , SW1 4 , Wy2 NE% SE%, NW]4SE^4, Sy2SE%. 50, Code of Federal Regulations, Part 28, Subprart 101-5.49— Forms, Reports, Sec. 12. and are effective through December 31, T. 14 S., R. 24 E., and Instructions Sec. 6, lots 6 and 7; 1968. Section 101-5.4903 is revised to read as Secs. 7 to 9, inclusive; Eugene E. Crawford, follows: Secs. 16, 17,19, 20, 29, 30, 32, 33. Acting Regional Director, Bu­ T. 15 S., R. 24 E., reau of Sport Fisheries and § 101—5.4903 Agreement for the Pool­ Secs. 4, 5, 8, 9. Wildlife. ing o f Equipment and Personnel. The areas described aggregate 6,712.17 Note: Piled as part of the original docu­ acres in Imperial County. F ebruary 12,1968. ment. The areas described in this order, in­ [P.R. Doc. 68-2134; Piled, Feb. 20, 1968; (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) cluding the public and nonpublic lands, 8:47 a.m.] total in the aggregate 17,617.23 acres, of Effective date. This amendment is ef­ which 495 acres are patented. The public PART 28— PUBLIC ACCESS, USE, fective upon publication in the Federal lands remain withdrawn in the first form Register. for reclamation purposes. The lands are AND RECREATION Dated: February 15,1968. situateti along the Colorado River in Great Meadows National Wildlife Arizona and California. Refuge, Mass. Lawson B. K nott, Jr., 2. At 10 a.m. on March 23, 1968, the Administrator of General Services. public lands will be open to applications \ The following special regulation is [F.R. Doc. 68-2163; Piled, Feb. 20, 1968; and offers under the mineral leasing Issued and is effective on date of publi­ 8:50 a.m.] laws. cation in the Federal R egister. (

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 RULES AND REGULATIONS 3229

§28.28 Special regulations; recreation; Part 28, and are effective through WAPANOCCA NATIONAL WILDLIFE REFUGE for individual wildlife refuge areas. December 31,1968. Sport fishing on the Wapanocca Na­ M assachusetts Eugene E. Crawford, tional Wildlife Refuge, Turrell, Ark., is Acting Regional Director, Bu­ permitted only on the areas designated GREAT MEADOWS NATIONAL WILDLIFE REFUGE reau of Sport Fisheries and by signs as open to fishing. These open Entry to the parking area during day­ Wildlife. areas are shown on a map available at light hours on foot, bicycle, or by motor the refuge headquarters and from the vehicle is permitted. Entry by foot or January 19,1968. office of the Regional Director, Bureau bicycle during daylight hours is per­ [F.R. Doc. 68-2137; Filed, Feb. 20, 1968; of Sport Fisheries and Wildlife, 809 mitted on travel routes designated by 8:47 am.] Peachtree-Seventh Building, Atlanta, signs for the purpose of nature study, Ga. 30323. Sport fishing shall be in photography, hiking, or skating. Pets are accordance with all applicable State permitted on a leash not exceeding 10 PART 33— 'SPORT FISHING regulations except the following special feet in length. Choctaw National Wildlife Refuge, conditions: The refuge, comprising approximately Ala., etc. (1) The sport fishing season on the 2,100 acres, is delineated on a map avail­ refuge extends from April 1, 1968, able at refuge headquarters and from The following special regulations are through September 30,1968. the office of the Regional Director, Bu­ issued and are effective on date of pub­ (2) Fishing permitted during day­ reau of Sport Fisheries and Wildlife, lication in the Federal R egister. light hours only. U.S. Post Office and Courthouse, Boston, § 33.5 Special regulations; sport fish­ (3) Motors larger than 5Y2 hp. are Mass. 02109. ing; for individual wildlife refuge prohibited. No boats are allowed in the The provisions of this special regula­ areas. Woody Ponds Area on the south side of tion supplement the regulations which A labama the refuge. (4) The use of jug, drop, or trotlines govern recreation on wildlife refuge CHOCTAW NATIONAL WILDLIFE REFUGE areas generally, which are set forth in is prohibited. Title 50, Code of Federal Regulations, Sport fishing on the Choctaw National (5) No fishing permitted within 100 Part 28, and are effective through Wildlife Refuge, Jackson, Ala., is per­ yards of the bridge, water control struc­ December 31,1968. mitted only on the areas designated by ture, and boat dock which is located be­ signs as open to fishing. These open hind the refuge headquarters, Eugene E. Crawford, areas are shown on a map available at The provisions of this special regula­ Acting Regional Director, Bu­ the refuge headquarters and from the tion supplement the regulations which reau of 'Sport Fisheries and office of the Regional Director, Bureau govern fishing on wildlife refuge areas Wildlife. of Sport Fisheries and Wildlife, 809 generally which are set forth in Title 50, February 6,1968. Peachtree-Seventh Building, Atlanta, Code of Federal Regulations, Part 33, Ga. 30323. Sport fishing shall be in ac­ and are effective through September 30, [F.R. Doc. 68-2135; Filed, Feb. 20, 1968; cordance with applicable State regula­ 1968. 8:47 a.m.] tions except the following special con­ ditions: W HITE RIVER NATIONAL WILDLIFE REFUGE PART 28— PUBLIC ACCESS, USE, (1) The sport fishing season on the Sport fishing on the White River Na­ AND RECREATION refuge extends from the date of this tional Wildlife Refuge, De Witt, Ark., is publication through November 30, 1968. permitted only on the areas designated Erie National Wildlife Refuge, Pa. (2) Fishing is permitted during day­ by signs as open to fishing. These open The following special regulation is light hours only. areas comprising 2,592 acres are de­ issued and is effective on date of publi­ The provisions of this special regula­ lineated on a map available at the ref­ cation in the Federal R egister. tion supplement the regulations which uge headquarters and from the office of govern fishing on wildlife refuge areas the Regional Director, Bureau of Sport § 28.28 Special regulations; recreation; generally which are set forth in Title Fisheries and Wildlife, 809 Peachtree- for the individual wildlife refuge 50, Code of Federal Regulations, Part Seventh Building, Atlanta, Ga. 30323. areas. 33, and are effective through Novem­ Sport fishing shall be in accordance with Pennsylvania ber 30, 1968. all applicable State regulations except ERIE NATIONAL WILDLIFE REFUGE A rkansas the following special conditions: (1) The sport fishing season on the Entry on foot or by motor vehicle is BIG LAKE NATIONAL WILDLIFE REFUGE refuge extends from March 16, 1968, permitted on designated travel routes, Sport fishing on the Big Lake National unless prohibited by posting, for the pur­ through October 31,1968. pose of nature study, photography, Wildlife Refuge, Manila, Ark., is permit­ (2) Boats without owner’s name plate ted only on the areas designated by signs affixed in a conspicuous place may not hiking, and sightseeing, during daylight as open to fishing. These open areas, hours. Pets are allowed if on a leash be left overnight. comprising 4,000 acres, are delineated (3) Taking of frogs, water skiing, and not over 10 feet in length. Picnicking is on a map available at the refuge head­ Permitted from 6 a.m. to 9:30 p.m,, firearms prohibited. quarters and from the office of the The provisions of this special regula­ May 30 to October 15, in the area desig­ Regional Director, Bureau of Sport tion supplement the regulations which nated by signs. Fishing and hunting Fisheries and Wildlife, 809 Peachtree- govern fishing on wildlife refuge areas under special regulations may be per­ Seventh Building, Atlanta, Ga. 30323. generally which are set forth in Title mitted on parts of the refuge. Sport fishing shall be in accordance with all applicable State regulations ex­ 50, Code of Federal Regulations, Part 33, The refuge area, comprising 4,961 cept the following special conditions: and are effective through October 31, acres, is delineated on maps available at 1968. (1) The sport fishing season on the F lorida refuge headquarters and from the office refuge extends from March 1, 1968, of the Regional Director, Bureau of through October 31, 1968. LAKE WOODRUFF NATIONAL WILDLIFE REFUGE Sport Fisheries and Wildlife, U.S. Post (2) Fishing is permitted during day­ Sport fishing on the Lake Woodruff light hours only. 02109 and Courthouse- Boston, Mass. National Wildlife Refuge, De Leon The provisions of this special regula­ Springs, Fla., is permitted only on the The provisions of this special regula- tion supplement the regulations which areas designated by signs as open to ion supplement the regulations which govern fishing on wildlife refuge areas fishing. These open areas, comprising generally which are set forth in Title govern recreation on wildlife refuge 650 acres, are delineated on a map that 50, Code of Federal Regulations, Part 33, is available at the refuge headquarters reas generally, which are set forth in are are effective through October 31, and from the office of the Regional Di­ ■™e 50, code of Federal Regulations, 1968. rector, Bureau of Sport Fisheries and

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 3230 RULES AND REGULATIONS

Wildlife, 809 Peachtree-Seventh Build­ areas, comprising 44,000 acres, are de­ Fisheries and Wildlife, 809 Peachtree- ing, Atlanta, Ga. 30323. Sport fishing lineated on a map available at the Seventh Building, Atlanta, Ga. 30323. shall be in accordance with all applicable refuge headquarters and from the office Sport fishing shall be in accordance with State regulations except the following of the Regional Director, Bureau of Sport all applicable State regulations except special conditions: Fisheries and Wildlife, 809 Peachtree- the following special conditions: (1) The sport fishing season is open Seventh Building, Atlanta, Ga. 30323. (1) The sport fishing season on the year-round on refuge waters west of Sport fishing shall be in accordance with refuge extends from March 1, 1968, Norris Dead River, Lake Woodruff, and all applicable State regulations except through November 15,1968. Spring Garden Creek. The open season the following special conditions: (2) Fishing permitted during daylight extends from March 15, 1968, to October (1) The sport fishing season on the hours only. 15, 1968 in refuge waters east of the refuge extends from April 1, 1968, ( 3 ) Boats with motors prohibited. Norris Dead River, Lake Woodruff, and through October 15, 1968, on the St. (4) Use of live minnows as. bait Spring Garden Creek. Marks and Wakulla Units, and from prohibited. (2) Pishing on refuge waters is per­ March 1, 1968, through October 15, 1968, The provisions of this special regula­ mitted during daylight hours only. on certain designated areas of the Pana­ tion supplement the regulations which (3) Airthrust boats are prohibited. cea Unit north of Highway No. 372. The govern fishing on wildlife refuge areas (4X Firearms of any type are area south of Highway No. 372 on the generally which are set forth in Title prohibited. Panacea Unit will remain open through 50, Codé of Fédéral Regulations, Part The provisions of this special regula­ December 31,1967. 33, and are effective through November tion supplement the regulations which (2) Fishing permitted one-half hour 15, 1968. govern fishing on wildlife refuge areas before sunrise until one-half hour after Louisiana generally which are set forth in Title 50, sunset, 7 days a week. LACASSINE NATIONAL WILDLIFE REFUGE Code of Federal Regulations, Part 33, (3) Boats with gasoline engines to 3 V2 and are effective through December 31, hp. and electric motors permitted. Sport fishing on the Lacassine Na­ 1968. tional Wildlife Refuge, Lake Arthur, La., (4) Trotlines as permitted by State is permitted only on the areas designated LOXAHATCHIE NATIONAL WILDLIFE REFUGE regulations are allowed except that lines by signs as open to fishing. These open Sport fishing on the Loxahatchee shall be taken up prior to closing hour of areas, comprising 28,000 acres, are de­ National Wildlife Refuge, Delray Beach, fishing daily. lineated on a map available at the refuge Fla., is permitted only on the areas The provisions of this special regula­ headquarters and from the office of the designated by signs as open to fishing. tion supplement the regulations which Regional Director, Bureau of Sport Fish­ These open areas, comprising 74,492 govern fishing on wildlife refuge areas eries and Wildlife, '809 Peachtree- acres, are delineated on a map available generally which are set forth in Title Seventh Building, Atlanta, Ga. 30323. at the refuge headquarters and from the 50, Code of Federal Regulations, Part 33, Sport fishing shalL be in accordance with office of the Regional Director, Bureau of and are effective through December 31, all applicable State regulations except Sport Fisheries and Wildlife, 809 Peach­ 1968. the following special conditions: tree-Seventh Building, Atlanta, Ga. G eorgia (1) The sport fishing season on the 30323. Sport fishing shall be in accord­ BLACKBEARD ISLAND NATIONAL WILDLIFE refuge extends from March 15, 1968, ance with all applicable State regula­ — Refuge through October 15,1968. tions except the following special condi­ ( 2 ) Fishing permitted from 45 minutes tions: Sport fishing on the Blackbeard Island National Wildlife Refuge, McIntosh before sunrise to 45 minutes after sunset. (1) The sport fishing season on the (3) Entry to Lacassine Pool restricted refuge extends from February 23, 1968, County, Townsend, Ga., is permitted only on the areas designated by signs as to four roller-ways provided. to February 22, 1969. (4) Boats may not be left inside the (2) Fishing is restricted to one hour open to fishing. These open areas, com­ prising 680 acres, are delineated on a refuge overnight. before sunrise to one hour after sunset. (5) Boats with outboard motors no (3) Boats may enter or leave the map available at the refuge headquarters and from the office of the Regional larger than 10 hp. permitted in Lacassine refuge only at the three public ramps as Pool. No size restrictions on boats and follows: (a) North end of refuge at Director, Bureau of Sport Fisheries and Wildlife, 809 Peachtree-Seventh Build­ motors in the canals and streams. S-5A landing; (b) headquarters boat The provisions of this special regula­ ramp; (c) S-39 boat ramp on south end ing, Atlanta, Ga. 30323. Sport fishing shall be in accordance with all applicable tion supplement the regulations which of refuge. govern fishing on wildlife refuge areas (4) Method of fishing is with attended State regulations except the following special conditions : generally which are set forth in Title 50, rod and reel and/or pole and line. Trot­ Code of Federal Regulations, Part 33, and lines, limb lines, nets, or other set tackle (1) The sport fishing season on the are effective through October 15, 1968. prohibited. refuge extends from March 15, 1968, (5) Air-thrust boats may be author­ through October 25, 1968. SABINE NATIONAL WILDLIFE REFUGE ized only by special permit issued by the (2) Fishing is permitted in daylight Sport fishing on the Sabine National refuge manager. Speedboats and racing hours only. Wildlife Refuge, Sulphur, La., is per­ craft are prohibited except for official (3) Boats with motors prohibited. mitted only on the areas designated by purposes. (4) Use of live minnows as bait pro­ signs as open to fishing. These open (6) Persons must follow such routes of hibited. areas, comprising 40,000 acres, are de­ travel within the area as may be desig­ The provisions of this special regula­ lineated on a. map available at the refuge nated by posting by the refuge officer-in­ tion supplement the regulations which headquarters and from the offices of the charge. To protect Government property govern fishing on wildlife refuge areas Regional Director, Bureau of Sport Fish­ or wildlife the refuge officer-in-charge generally which are set forth in Title 50, eries and Wildlife, 809 Peachtreë-Seventh may close any or all of the area. Code of Federal Regulations, Part 33, Building, Atlanta, Ga. 30323. Sport fish­ The provisions of this special regula­ and are effective through October 25, ing shall be in accordance with all ap­ tion supplement the regulations which 1968. plicable State regulations except the govern fishing on wildlife refuge areas following special conditions: generally which are set forth in Title 59, PIEDMONT NATIONAL WILDLIFE REFUGE (1) The sport fishing season on the Code of Federal Regulations, Part 33, and Sport fishing on the Piedmont Na­ refuge extends from March 15, 1968, are effective to February 22, 1969. tional Wildlife Refuge, Round Oak, Ga., through October 15, 1968. is permitted only on the areas designated (2) Fishermen must not enter refuge ST. MARKS NATIONAL WILDLIFE REFUGE by signs as open to fishing. These open waters earlier than 45 minutes before Sport fishing on the St. Marks Na­ areas, comprising 8 acres, are delineated sunrise and shall leave refuge waters by tional Wildlife Refuge, St. Marks, Fla., on a map available at the refuge head­ 45 minutes after sunset. is permitted only on the areas designated quarters and from the office of the (3) Boats may be moored only at des­ by signs as open to fishing. These open Regional Director, Bureau of Sport ignated areas in Pool lb or Pool 3. Boats

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 RULES AND REGULATIONS 3231 left at these mooring sites must bear cable State regulations except the fol­ The provisions of this special regula­ owner’s name and address. Boats found lowing special conditions: tion supplement the regulations which moored outside designated areas or with­ (1) The sport fishing season on the govern fishing on wildlife refuge areas out required identification will be re­ refuge extends from March 16, 1968, generally which are set forth in Title 50, moved to refuge headquarters. All boats through October 14, 1968. Fishing is per­ Code of Federal Regulations, Part 33, must be removed from the refuge prior mitted in Corey’s Ditch and in the canal and are effective through October 25, to the close of the fishing season. adjacent to the Knotts Island Causeway 1968. on a year-round basis, for bank fishing (4) Boats may not be dragged across SANTEE NATIONAL WILDLIFE REFUGE levees for access to pool areas. Travel only. over the refuge is restricted to waterways. (2) Fishing permitted during daylight Sport fishing on the Santee National Fishermen are not to walk canal banks hours only. Wildlife Refuge, Summerton, S.C., is per­ or levees except in Pool lb. Boat access The provisions of this special regula­ mitted only on the areas designated by into Pool lb is restricted to bridge sites tion supplement the regulations which signs as open to fishing. These open areas, on Road Canal. govern fishing on wildlife refuge areas comprising 3,150 acres, are delineated on (5) Boats with outboard motors no generally which are set forth in Title 50, a map available at the refuge head­ larger than 10 hp permitted in refuge Code of Federal Regulations, Part 33, quarters and from the office of the Re­ lakes and impoundments. No size restric­ and are effective through December 31, gional Director, Bureau of Sports Fish­ tion on boats and motors in the canals 1968. eries and Wildlife, 809 Peachtree-Seventh and bayous. S o u t h C a r o l in a Building, Atlanta, Ga. 30323. Sport fish­ The provisions of this special regula­ CAPE ROMAIN NATIONAL WILDLIFE REFUGE ing shall be in accordance with all ap­ tion supplement the regulations which plicable State regulations except the fol­ govern fishing on wildlife refuge areas Sport fishing on the Bulls Island Unit lowing special conditions: generally which are set forth in Title 50, of the Cape Romain National Wildlife (1) The sport fishing season on the Code of Federal Regulations, Part 33, Refuge, McClellanville, S.C., is permitted refuge extends from March 15, 1968, and are effective through October 15, only on the areas designated by signs as through October 31,1968, on Jacks Creek, 1968. open to fishing. These open areas, com­ Dingle Pond, Taw Caw Creek, Potato M i s s i s s i p p i prising 580 acres, are delineated on a map Creek, and Pinopolis Pool Impound­ available at the refuge headquarters and ments. NOXUBEE NATIONAL WILDLIFE REFUGE from the office of the Regional Director, (2) Fishing permitted during daylight Sport fishing on the Noxubee National Bureau of Sport Fisheries and Wildlife, hours only. Wildlife Refuge, Brooksville, Miss., is 809 Peachtree-Seventh Building, Atlanta, (3) Boats with motors prohibited. permitted only on the areas designated Ga. 30323. Sport fishing shall be in ac­ Boats must be removed from the refuge by signs as open to fishing. These open cordance with all applicable State regu­ at the close of each day unless permission areas, comprising 1,892 acres, are delin­ lations except the following special is granted by the refuge officer-in-charge. eated on a map available at the refuge conditions: The provisions of this special regula­ headquarters and from the office of the (1) The sport fishing season oft-the tion supplement the regulations which Regional Director, Bureau of Sport Fish­ refuge extends from March 15,1968, govern fishing on wildlife refuge areas eries and Wildlife, 809 Peachtree- through September 30, 1968 on Jacks generally which are set forth in Title 50, Seventh Building, Atlanta, Ga. 30323. Creek Pond. Code of Federal Regulations, Part 33, and Sport fishing shall bejn accordance with (2) Fishing permitted during daylight are effective through October 31, 1968. all applicable State regulations except hours only. the following special conditions: T e n n e s s e e (3) Boats with electric motors per­ (1) The sport fishing season extends CROSS CREEKS NATIONAL WILDLIFE REFUGE from March 1 through October 31, 1968, mitted; gasoline powered engines pro­ on Ross Branch Reservoir, Bluff and hibited. Sport fishing on the Cross Creeks Na­ Loakfoma Lakes, Keaton Tower Pond, The provisions of this special regula­ tional Wildlife Refuge, Dover, Tenn., is Parker and Pete Sloughs, Cypress, Jones, tion supplement the regulations which permitted only on areas designated by and Octoc Creeks, and Noxubee River. govern fishing on wildlife refuge areas signs as open to fishing. These open areas, Road borrow pits and Betts Ponds are generally which are set forth ini Title 50, comprising 2,500 acres, are delineated on open year-round. Code of Federal Regulations, Part 33, a map available at the refuge head­ (2) A daily permit (50 cents) is re­ and are effective through September 30, quarters and from the office of the Re­ quired by the Mississippi State Game and 1968. gional Director, Bureau of Sport Fish­ Fish Commission to fish in Bluff and SAVANNAH NATIONAL WILDLIFE REFUGE eries and Wildlife, 809 Peachtree- Loakfoma Lakes, and tailwaters of the Seventh Building, Atlanta, Ga. 30323. spillways. Sport fishing on the Savannah Na­ Sport fishing shall be in accordance with (3) Fishing permitted during daylight tional Wildlife Refuge, Jasper County, all applicable State regulations except hours only. Hardeeville, S.C., is permitted only on the following special conditions: (4) Snag lines prohibited. the areas designated by signs as open (1) The sport fishing season is open . Tbe provisions of this special regula­ to fishing. These open areas, comprising year-round on Barkley Lake. The open tion supplement the regulations which 3,000 acres, are delineated on a map season on Elk Creek and South Cross govern fishing on wildlife refuge areas available at the refuge headquarters and Creek Reservoirs extends from May 1, generally which are set forth in Title 50, from the office of the Regional Director, through September 15, 1967, and is re­ Code of Federal Regulations, Part 33, and Bureau of Sport Fisheries and Wildlife, stricted to daylight hours only. are effective through December 31, 1968. 809 Peachtree-Seventh Building, At­ (2) Methods of fishing on Elk Creek lanta, Ga. 30323. Sport fishing shall be in N o r t h C a r o l in a and South Cross Creek Reservoirs are accordance with all applicable State reg­ limited to attended rod and reel and/or m ack ay is l a n d n a t io n a l w i l d l i f e r e f u g e ulations except the following special con­ pole and line. Electric trolling motors are ditions : Sport fishing on the Mackay Island the only outboard motors permitted on National Wildlife Refuge, N.C., is per­ (1) The sport fishing season on the these two reservoirs. mitted only on the areas designated by refuge extends from March 15, 1968, (3) Fishermen must follow designated igns as open to fishing. These open areas, through October 25, 1968. routes of travel while on the refuge. comprising 720 acres, are delineated on a (2) Fishing is permitted during day­ The provisions of this special regula­ map available at the refuge headquarters light hours only. tion supplement the regulations which na from the office of the Regional Di- (3) Boats powered with electric out­ govern fishing on wildlife refuge areas Bureau of Sport Fisheries and board motors are permitted in the im­ generally which are set forth in Title wildlife, 809 Peachtree-Seventh Build- poundments. Boats powered with gaso­ 50, Code of Federal Regulations, Part infii Atlanta, Ga. 30323. Sport fishing line outboard motors are prohibited in 33, and are effective through Decem­ an be in accordance with all appli­ the impoundments. bers!, 1968.

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 3232 RULES AND REGULATIONS

HATCHIE NATIONAL WILDLIFE REFUGE govern fishing on wildlife refuge areas (2) Fishing permitted during daylight Sport fishing on the Hatchie National generally which are set forth in Title 50, hours only. Wildlife Refuge, Brownsville, Tenn., is Code of Federal Regulations, Part 33, The provisions of this special regula­ permitted only on the areas designated and are effective through September 30, tion supplement the regulations which 1968. govern fishing on wildlife refuge areas by signs as open to fishing. These open generally which are set forth in Title 50, areas, comprising 100 acres, are de­ REELFOOT NATIONAL WILDLIFE REFUGE Code of Federal Regulations, Part 33, lineated on a map available at the ref­ Sport fishing on the Reelfoot National and are effective through December 31, uge headquarters and from the Regional Wildlife Refuge, Tennessee, is permitted 1968. Director, Bureau of Sport Fisheries and only on the area designated by signs as W . L. T o w n s , Wildlife, 809 Peachtree-Seventh Build­ open to fishing. These open areas, com­ Acting Regional Director, Bu­ ing, Atlanta, Ga. 30323. Sport fishing prising 9,092 acres, are delineated on a reau of Sport Fisheries and shall be in accordance with all appli­ map available at the refuge headquarters Wildlife. cable State regulations except the fol­ and from the office of the Regional Di­ lowing special conditions: [F.R. Doc. 68-2107; Filed, Feb. 20, 1968; rector, Bureau of Sport Fisheries and 8:45 a jn .] (1) The sport fishing season on the Wildlife, 809 Peachtree-Seventh Build­ refuge extends from April 1, 1968, ing, Atlanta, Ga. 30323. Sport fishing through October 15,1968. shall be in accordance with all applicable PART 33— SPORT FISHING (2) Fishing permitted during day­ State regulations except the following light hours only. Parker River National Wildlife special conditions: Refuge, Mass. (3) Outboard motors prohibited. (1) The sport fishing season on the (4) Methods of fishing are limited to refuge extends from the date of this The following special regulation is pole and line, or rod and reel, using nat­ publication through October 23, 1968, issued and is effective on date of publica­ ural or artificial baits. except that portion of the refuge located tion in the F ederal R egister. (5) Vehicles may be used on refuge south of Upper Blue Basin remains open roads and trails to reach fishing area. § 33.5 Special regulations; sport fish­ until seven days before opening of the ing; for individual wildlife refuge (6) Footpaths may be used to reach 1968 duck season. . areas. all lakes from Hatchie River. (2) Boats with outboard motors and M assachusetts (7) Firearms prohibited. inboard motors of not more than 10 hp. PARKER RIVER NATIONAL WILDLIFE REFUGE (8) Boats must be removed from ref­ may be used. uge no later than October 22,1968. The provisions of this special regula­ Sport fishing on the Parker River Na­ The provisions of this special regula­ tion supplement the regulations which tional Wildlife Refuge, Mass., is per­ tion supplement the regulations which govern fishing on wildlife refuge areas mitted from May 1, 1968, through Octo­ govern fishing on wildlife refuge areas generally which are set forth in Title 50, ber 15, 1968, in the Public Use Area on generally which are set forth in Title 50, Code of Federal Regulations, Part 33, the ocean side of Plum Island, below the Code of Federal Regulations, Part 33, and and are effective until seven days before mean high water mark. The Public Use are effective through October 15,1968. opening of the 1968 duck season. - Area consisting of 218 acres extends from the south boundary of the Swimming and LAKE ISOM NATIONAL WILDLIFE REFUGE V i r g i n i a Bathing Area to the south boundary of Sport fishing on the Lake Isom Na­ MACKAY ISLAND NATIONAL WILDLIFE REFUGE the refuge and is delineated on maps tional Wildlife Refuge, Tenn., is per­ available at refuge headquarters and Sport fishing on the Mackay Island from the office of the Regional Director, mitted only on the areas designated by National Wildlife Refuge, Va., is per­ signs as open to fishing. These open areas, Bureau of Sport Fisheries and Wildlife, mitted only on the areas designated by U.S. Post Office and Courthouse, Boston, comprising 750 acres, are delineated on a signs as open to fishing. These open map available at the refuge headquarters Mass. 02109. Sport fishing shall be in ac­ areas, comprising 720 acres, are delin­ cordance with all applicable State and and from the office of the Regional Di­ eated on a map available at the refuge rector, Bureau of Sport Fisheries and headquarters and from the office of the town regulations. Wildlife, 809 Peachtree-Seventh Build­ Regional Director, Bureau of Sport Fish­ The provisions of this special regula­ ing, Atlanta, Ga. 30323. Sport fishing eries and Wildlife, 809 Peachtree- tion supplement the regulations which shall be in accordance with all appli­ Seventh Building, Atlanta, Ga. 30323. govern fishing on wildlife refuge areas cable State regulations except the fol­ Sport fishing" shall be in accordance with generally which are set'forth in Title 50, lowing special conditions: all applicable State regulations except Code of Federal Regulations, Part 33, and are effective through December 31, (1) The sport fishing season on the ref­ the following special conditions; uge extends from March 16, 1968; 1968. (1) The sport fishing season on the E u g e n e E . C r a w f o r d , through September 30, 1968; sunrise to refuge extends from March 16, 1968, sunset. Acting Regional Director, Bu­ through October 14,1968. Fishing is per­ reau of Sport Fisheries and (2) Boats with outboard motors and Wildlife. inboard motors of not more than 6 hp. mitted in Corey’s Ditch and in the canal may be used. adjacent to the Knotts Island Causeway F ebruary 7,1968. The provisions of this special regula­ on a year-round basis for bank fishing [F.R. Doc. 68-2136; Filed, Feb. 20, 1968; tion supplement the regulations which only. 8:47 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 3233

Proposed Rule Making

F ederal R egister, and they Will receive (3) Baggage and personal effects, ac­ DEPARTMENT OF COMMERCE consideration. companied or unaccompanied, of persons A. R oss.Eckler, leaving the United States, and tools of Bureau of the Census Director, Bureau of the Census. trade, as described in § 30.56 (a) and ( b ) ., [15 CFR Part 30 ] F ebruary 15,1968. [F.R. Doc. 68-2174; Filed, Feb. 20, 1968; IMPORTS OF MERCHANDISE INTO Subpart F— S p e c ia l Provisions for 8:51 a.m.] GUAM Particular Types of Import Trans­

* actions Foreign Trade Statistics Maritime Administration The Secretary of Commerce, with the § 30.81 Imports of merchandise into concurrence of the Secretary of the In­ Guam. [ 46 CFR Part 251 1 terior, proposes to authorize the Gov­ (a) Carriers of merchandise to Guam ALLOWANCE OF SUBSIDY FOR ernment of Guam to compile statistics shall not be permitted to unload cargo on imports of merchandise into Guam CHANGES UNDER CONSTRUCTION in Guam until the master or other per­ CONTRACT under Title 13, U.S.C., sections 301-307, son in charge of the carrier shall deliver and to discontinue the compilation by to tlffe Government of Guam at the place Notice of Proposed Rule Making the Bureau of the Census of statistics on of unloading a manifest showing a de­ shipments from the United States to tailed account of all merchandise des­ The Maritime Subsidy Board is con­ Guam based on Shipper’s Export Dec­ tined for Guam onboard such carrier, sidering an amendment of paragraph 4 larations filed in the United States. of Appendix No. 1 (30 F.R. 11756, with the numbers and descriptions of the Sept. 15, 1965) following § 251.1 of Title To enable the Government of Guam to packages according to their usual name carry out this statistical function, it is 46, Code of Federal Regulations, Chap­ or designation. ter II, to read as follows: proposed that the Foreign Trade Sta­ (b) For each shipment imported into tistics Regulations, 15 CFR Part 30, be Guam except as listed in paragraph (d) § 251.1 Applications for construction- amended to provide that importers of of this section, the importer in Guam differential subsidy under Title Y, merchandise into Guam shall furnish shall furnish to the Government of Guam M e rc h a n t Marine Act, 1936, as to the Government of Guam one copy at the port of entry of the merchandise amended. of the commercial invoice, and one copy at the time of or prior to taking posses­ * * * * * of the bill of lading, or air waybill sion of such merchandise, the com­ A ppendix No . 1— P olicy (except for shipments where no bill of mercial invoice covering the shipment ***** lading or air waybill is employed, e.g., attached» to a copy of the bill of lading 4. Subsidy ior changes under the con­ shipments by mail). or air waybill signed by the carrier. struction contract will be allowed only when For a temporary period, the require­ (Where the shipment is one for which the net effect of the change will with rea­ ment in § 30.1(a) (2) (iii) of the Foreign no bill of lading (or air waybill) is sonable certainty (a) comply with the Trade Statistics Regulations for the standard in 2 (a) or (b) above, (b) correct utilized only a copy of the commercial a deficiency in design which is clearly essen­ filing of Shipper’s Export Declarations, invoice need be furnished.) In individual tial, or (c) comply with a change in the and the compilation of statistics by the cases, where warranted in the opinion requirement of a regulatory body which be­ Bureau of the Census will be continued of the Government of Guam, the Gov­ comes effective after 30 days preceding bid along with the proposed new require­ ernment of Guam may release merchan­ opening, and the Board will fix a ceiling on ment. It is contemplated that the re­ dise to the consignee prior to receipt of the Board’s construction-differential subsidy quirement for Shipper’s Export Declara­ the commercial invoice and/or bill of participation, which ceiling shall be agreed tions for shipments from the United to by the owner prior to the Board’s ap­ lading or air waybill in the case of proval of the change. Any changes desired States to Guam will be discontinued if perishable articles or other merchandise, by the owner which do not adversely affect and when an effective statistical pro­ the immediate delivery of which is neces­ the safe, efficient, or economical operation gram using invoices and bills of lading sary. of the ship will be permitted, but without as source documents shall have been (c) Information concerning individual the benefit of subsidy. Subsidy for changes established in Guanq. transactions furnished to the Govern­ under category 2(b) shall be based on an Accordingly, it is proposed that Sub­ ment of Guam pursuant to the regula­ estimate as to what the work would have part F of the Foreign Trade Statistics tions in this part may not be disclosed cost if it had been included in the bidding Regulations (15 CFR Part 30) be by those having possession of or access specifications. amended by the addition of a new § 30.81 to any copies of such information for to read as set forth below. official purposes, to anyone other than All persons who desire to submit views the exporter or importer except as These proposed regulations are to be or comments for consideration in con­ issued under the authority of 5 U.S.C. specifically directed by the Bureau of the Census. nection with the foregoing amendment 301; Reorganization Plan No. 5 of 1950, should file same in writing in triplicate ♦ « ^ ^174, 04 stat. 1263; Department (d) The following kinds of shipments of Commerce Order No. 85, June 7, 1963, are not to be included in the statistics on with the Secretary, Maritime Admin­ 28 F.R. 6592. Interpret or apply 76 Stat. shipments from the United States to istration, by close of business on Guam and the documentation prescribed March 29, 1968. 951> 13 U.S.C. 301-307, 77A Stat.; 19 in paragraphs (a) and (b) of this sec­ U.S.C. 1202,19 U.S.C. 1484(e). tion shall not be required for statistical Dated: February 15, 1968. Interested persons may submit such purposes: By order of the Maritime Subsidy written data, views, or arguments as they (1) Shipments to the U.S. Armed Board. Forces; may desire directly to the Director of the J ohn M. O ’Connell, Bureau of the Census, Washington, D.C. (2) Shipments of office furniture, office equipment, and office supplies, to Assistant Secretary. 20233, for a period of 30 days from the and for the exclusive use of U.S. Gov­ [F.R. Doc. 68-2132; Filed, Feb. 20, 1968; date of publication of this notice in the ernment offices; 8:47 a.m.]

No. 36-----4 FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 3234 PROPOSED RULE MAKING

may be qualified with the trade mark reg­ 2d 1580, 1585), “standard time” as used DEPARTMENT OF HEALTH, EDUCA­ istration symbol “ (R )”. in the agreement and the rule means Proprietary Name (Established Name) standard time as that term has histori­ cally been used, i.e., not taking into ac­ TION, AND WELFARE Proprietary Name—Brand of Established Name count the 1-hour advancement between Food and Drug Administration late April and "late October sometimes [ 21 CFR Part 3 1 Proprietary Name (Brand of Established called “advanced” or “daylight saving” Name) time. As pointed out in a Public Notice PRESCRIPTION DRUGS Proprietary Name (Established Name) X concerning the operating hours of AM Firm stations issued in March 1967 (FCC 67- Relationship of Proprietary and Estab­ Proprietary Name—X Firm Brand of Estab­ 331), it is clear that the Uniform Time lished Names on Labels, Labeling, lished Name Act of 1966, which adopted advanced and Advertisements; Statement of Proprietary Name (X Firm Brand of time between the last Sunday in April Policy Established Name) and the last Sunday in October, was not intended to change the operating hours Sections 1.104 and 1.105 of the general Proprietary Name (Established Name) of AM stations, which reflect differences regulations under the Federal Food, Proprietary Name-—Brand of Established in daytime and nighttime radio propaga­ Drug, and Cosmetic Act (21 CFR 1.104, Name tion conditions which are related to “sun 1.105) require that where labels, label­ time”, or “nonadvanced time” , rather ing, and advertisements for a pre­ Proprietary Name—X Firm Brand of Estab­ lished Name than daylight saving time; and that such scription drug are required to bear an stations must continue to operate on established name accompanying or in (b) Labels, labeling, and advertise­ the basis of standard time as that term association with a proprietary name or ments for prescription drugs shall con­ designation for the drug or any ingre­ had hitherto been used. form to the other requirements of §§ 1.104 2. A number of parties sought recon­ dient thereof: (1) The established name and 1.105 of this chapter as well as to sideration of the new presunrise rule in shall be placed in direct conjunction other applicable requirements of the with the proprietary name or designa­ this respect, asking that it be changed so Federal Food, Drug, and Cosmetic Act as to enable stations to start PSA opera­ tion and (2) the relationship between and regulations thereunder. the proprietary name or designation tion at 6 a.m. “local time” . Now that and the established name shall be made All interested persons are invited to advanced time (April-October) is almost clear by use of a phrase such as “brand submit their views in writing, preferably universal throughout the conterminous of” preceding the established name, or in quintuplicate, regarding this proposal United States, it was pointed out that by brackets surrounding the established within 30 days following the date of pub­ adherence to a 6 a.m. “standard time” name. lication of this notice in the F ederal restriction (using that term in its tradi­ tional sense) means that nearly all day- The Food and Drug Administration R egister. Such views and comments should be addressed to the Hearing Clerk, time-only stations cannot sign on until has observed that labels, labeling, and 7 a.m. “local time” during part of the advertisements often do not conform Department of Health, Education, and Welfare, Room 5440, 330 Independence year. For example, during the "ad­ with this requirement and concludes vanced” time part of October the rule that for guidance to manufacturers in Avenue SW„ Washington, D.C. 20201, preparing labels, labeling, and advertise­ and may be accompanied by a memoran­ in its present form would limit the great dum or brief in support thereof. majority of daytimers to a 7 a.m. “local ments for prescription drugs a statement time” sign-on, since their own local sun­ of policy should be issued as proposed Dated: February 13,1968. rise is Usually 6 a.m. standard time below. Therefore, under the authority vested in the Secretary of Health, Edu­ James L. G oddard, (7 a.m. “advanced” time) or later. This is cation, and Welfare by the Federal Food, Commissioner of Food and Drugs. usually not a serious problem during Drug, and Cosmetic Act (secs. 502 (a), [F.R. Doc. 68-2165; Filed, Feb. 20, 1968; May, June, and July, when local sunrise (c), (e), (n), 701(a), 52 Stat. 1050-1051, 8:50 a.m.I is early, but it is during October (as men­ as amended, 1055; 21 U.S.C. 352 (a), (c), tioned) and, to a lesser extent, in Sep­ (e), (n), 371(a)) and delegated by him tember, late April, and August. to the Commissioner of Food and Drugs 3. In a Memorandum Opinion and (21 CFR 2.120), it is proposed that a FEDERAL COMMUNICATIONS Order on reconsideration adopted Oc­ new section be added to Part 3, as tober 11, 1967 (10 F.C.C. 2d 283, 284- follows: COMMISSION 285; 11 R.R. 2d 1571, 1574-1575), we recognized this as a problem and stated § 3 . ______Relationship o f proprietary [ 47 CFR Part 73 1 that steps were being taken to deal with and established names on labels, [Docket No. 18023; FCC 68-165] it. This and other possible revisions in labeling, and advertisements o f pre­ the Canadian agreement were discussed scription drugs. PRESUNRISE OPERATION BY STAND­ between representatives of the Commis­ (a) (1) When labels, labeling, and ad­ ARD BROADCAST STATIONS sion and Canadian authorities in Jan­ uary, and it appears that modification of vertisements for a prescription drug bear Commencement at 6 a.m. Local a proprietary name or designation for the agreement, to specify “local time the drug or any ingredient thereof, the Time instead of “local standard time” is pos­ established name shall, as required by In the matter of amendment of § 73.99 sible. The purpose of this Notice is to §§ 1.104 and 1.105 of this chapter, be of the Commission’s rules (Presunrise invite comments on changing § 73.99 ac­ placed in direct conjunction with the Service Authority) to specify 6 a.m. cordingly, to specify 6 a.m. “local time proprietary name or designation, and “local time” , Docket No. 18023. instead of “local standard time”. the relationship between the proprietary 1. Section 73.99 of the rules, concern­ 4. In the document just mentioned, we name or designation and the established ing “pre-sunrise” operation by stand­ ¡xpressed the view that this change name shall be made clear by use of a ard broadcast (AM) stations conducted should be made if consistent with inter- phrase such as “brand of” preceding the under Presunrise Service Authority lational understandings. We noted that established name, by brackets (or pa­ (PSA), provides that such operation may his change would expose some full-time rentheses) surrounding the established commence at 6 a.m. “local standard stations, in varying degrees, to additional name, or by other suitable means. time”. The rule in this respect reflects nterference during some months of the rear. But we repeated the conclusion (2) The following proprietary-estab­ pre-sunrise agreement with Canada for­ malized June 12, 1967 (TIAS 6268), ■eached in the Report and Order that a lished name relationships will be con­ which contains the same language. As r am. (local time) sign-on, which the sidered as conforming to and fulfilling made clear in Footnote 6 of the Report ule in its present form would mean for the intent of the above requirement. and Order in Docket 14419 adopting the ;he great majority of daytimers m Where appropriate, the proprietary name new rule (8 F.C.C. 2d 698, 700, 10 R.R. October, is simply not early enough in

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 PROPOSED RULE MAKING 3235

terms of the life of the community to 14 copies of all written comments, replies, compliance with all of the separation meet the need for informational services pleadings, briefs or other documents requirements of the rules. which the “presunrise” proceeding had shall be furnished the Commission. 5. The Commission has made a sep­ demonstrated. This is still our view. Adopted: February 14,1968. arate study of assignment possibilities in 5. While the proposed change in the the Jacksonville area by means of its rule would result in some additional in­ Released: February 16,1968. electronic computer and found that terference to full-time stations (since in Federal Communications Channel 19 may, indeed, be assigned and effect it means that daytimers would Commission, that it is the most efficient assignment sign on at 5 a.m. “sun time” during those [seal] B en F. W aple, , based on the criteria used to develop the portions of the late April-late October Secretary. overall UHF assignment plan. Jackson­ period when local sunrise is later than ville is in an area where available as­ 5 am.),1 we do not believe this interfer­ [F.R. Doc. 68-2150; Filed, Feb. 20, 1968; signments are ample to meet foreseeable ence would be excessive. Except from 8:48 a.m.] needs and the assignment of Channel 19 stations at some southern locations, in­ does not appear to be likely to deprive terference caused to other stations would [ 47 CFR Par» 73 1 any community of a needed assignment. be less serious than that resultihg from . 6. In view of the foregoing, the peti­ pre-sunrise operation starting at 6 a.m. [Docket No. 18022; FCC 68-163] tion appears to have sufficient merit to in January, the month of latest average TELEVISION BROADCAST STATIONS warrant the institution of rule making. sunrise. Moreover, the number of sta­ Accordingly, pursuant to the authority tions affected, and the degree of addi­ Table of Assignments; Jacksonville, contained in sections 4 (i), 303, and 307 tional interference caused, is limited by N.C. (b) of the Communications Act of 1934, time differentials between the stations as amended, it is proposed to amend involved. We are presently of the view In the matter of amendment of § 73.- § 73.606(b) of the Commission rules by that—as with pre-sunrise operation now 606(b) of the Commission rules and reg­ assigning Channel 19 to Jacksonville, permitted—the value of the early morn­ ulations, Television Table of Assign­ N.C. ing service rendered will exceed the det­ ments (Jacksonville, N.C.), Docket No. 7. Pursuant to applicable procedures riment flowing from the resulting addi­ 18022. set out in § 1.415 of the Commission’s tional interference; and that provision 1. On October 12, 1967, L & S Broad­ rules, interested parties may file com­ for a uniform 6 a.m. PSA sign-on geared casting Co. filed a petition for rule mak­ ments on or before March 25, 1968, and to community life would generally serve ing, RM-1207, requesting the assignment reply comments on or before April 5, the public interest. of Channel 19 to Jacksonville, N.C., for 1968. All submissions by parties to this 6. Accordingly, pursuant to authority commercial use. proceeding or by persons acting in behalf contained in sections 4 (i) and (j)„303 2. Jacksonville is located in the south­ of such parties must be in written com­ (c) and (r), and 307(b) of the Communi­ eastern coastal section of North Caro­ ments, reply comments or other appro­ cations Act of 1934, as amended, it is lina, 48 miles northeast of Wilmington, priate pleadings. proposed to amend paragraphs (b)(1) 85 miles east of Fayetteville, and 33 miles 8. In accordance with, the provisions and (b) (2) of § 73.99, and the Note to southwest of New Bern. It is the county of § 1.419 of the rules, an original and 14 paragraph (b)(1) , to specify “ 6:00 a.m. seat of Onslow County and the 1960 pop­ copies of all written comments, replies, local time” instead of “ 6:00 a.m. local ulation was 13,491. Onslow County had pleadings, briefs, or other documents standard time”. The proposal is, of a 1960 population of 82,706. The U.S. shall be furnished the Commission. course, contingent-on obtaining Cana­ Marine Corps Advanced Infantry School Adopted: February 14, 1968. dian concurrence in the corresponding (Camp LeJeune), is located nearby. The change in the Canadian-United States petitioner notes that the population of Released: February 16, 1968. presunrise agreement. Jacksonville quadrupled between 1950 Federal Communications 7. It is highly desirable to resolve this and 1960 and this rapid growth is Commission, matter before April 28, when daylight continuing. [seal] B en F. W aple, saving time goes into effect. Therefore, Secretary. and since essentially the same considera­ 3. According to the 1967 edition of the tions obtain as those relating to the pre­ TV Factbook, television service is pro­ [F.R. Doc. 68-2149; Filed, Feb. 20, 1968; sunrise question generally, and much of vided by WNBE, Channel 12, New Bern, 8:48 a.m.] the material to be submitted is probably N.C. (33 miles); WWAY, Channel 3 and similar to the voluminous material filed WECT, Channel 6 at Wilmington, N.C. in Docket 14419, we are setting relatively (48 miles); WNCT, Channel 9, Green­ short dates for comments and reply com­ ville and WITN, Channel 7, Washington, FEDERAL MARITIME COMMISSION both in North Carolina and both at 60 ments, March 15 and April 1, respec­ [ 46 CFR Part 524 1 tively. Parties may incorporate by miles. A CATV system operates in Jack­ reference material they or others have sonville (Jacksonville TV Cable Co.) and [Docket No. 68-4] carries the above TV stations plus nled in Dockets 14419, 17562, and other NONEXCLUSIVE TRANSSHIPMENT pertinent proceedings. WRAL-TV, Channel 5, Raleigh and WTVD, Channel 11, Durham, N.C. There AGREEMENTS 8. Pursuant to applicable procedures are two AM and two FM broadcast sta­ set out in § 1.415 in the Commission’s tions in Jacksonville. Proposed Exemption Regulations; rules, interested parties may file com­ Re-Scheduling of Filing Dates ments on or before March 15, 1968, and 4. Jacksonville is not included in the current table of assignments for tele­ By F ederal R egister publication of io«q comments on or before April 1, 1968. All relevant and timely comments vision channels because of its size. Ex­ January 19, 1968 (33 F.R. 701), the Com­ rePly comments will be considered cept where there is an authorized station mission invited comments in this pro­ ?y, rim Commission before final action or an active interest in inaugurating new ceeding to be filed on or before February is taken in the proceeding. In reaching its TV service, cities of less than 25,000 pop­ 19, 1968. Upon request, and good cause decision in this proceeding, the Commis­ ulation were not selected for inclusion appearing, time for filing comments is si?11 may also take into account other in the table of commercial TV assign­ enlarged to and including March 20, eievant information before it, in addi- ments. However, such cities may be 1968. Hearing Counsel shall file reply to ion to the specific comments invited by added to the table upon appropriate pe­ comments on or before April 3, 1968. this Notice. tition therefor by parties prepared to Answers to Hearing Counsel’s reply may proceed promptly with the construction be filed on or before April 15, 1968. nf9« ??M^CCor(*ance with the provisions and operation of a new television broad­ s 1.419 of the rules, an original and cast station if authorized to do so. The By the Commission. petitioner in this case has made such a [seal] T homas Lisi, fanie V a n tag e would accrue to full statement. The petitioner also submitted Secretary. under a PSA**6 USe their daytlme antennas engineering data to show that Channel [F.R. Doc. 68-2004; Filed, Feb. 20, 1968; 19 could be assigned to Jacksonville in 8:45 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 3236 N otices

(b) The authorities delegated in sub- rector issued the statutory notice. No DEPARTMENT OF THE TREASURY paragraph (a) of this paragraph are sub­ such waiver shall be made in any case in ject to the exceptions set forth in para­ which criminal prosecution has been rec­ Internal Revenue Service graph 3 of this order and, except as pro­ ommended and not finally disposed of; [Revocation Notice, Order 64] vided in paragraph 4, they may not be nor in any case in which the determina­ redelegated. tion in the statutory notice includes the ISSUES ARISING UNDER SECTION 722 2. (a) In each income, profits, estate, ad valorem fraud penalty. Notwithstand­ Revocation of Delegation of and gift tax case docketed in the Tax ing any such waiver, upon filing of a Authority Court, in conformity with the provisions petition with the Tax Court, jurisdiction of Delegation Order No. 60—Chief Coun­ shall revest in the Appellate Division. Delegation Order No. 64, issued August sel’s Order No. 1958-5, dated April 17, 5. The excise and employment taxes 4; 1958, is hereby revoked. All issues aris­ 1958, the Regional Commissioner is au­ subject to the provisions of this Order ing under section 722 of the Internal thorized exclusively to represent the include any Federal excise or employ­ Revenue Code of 1939 have been resolved Commissioner in the functions delegated ment tax: or submitted to the Tax Court of the to the Regional Appellate Division in that (a) Under the Internal Revenue Code United States. joint order. In each region the Assistant of 1939, except any tax imposed by: Date of issuance: February 19, 1968. Regional Commissioner (Appellate), as (1) Chapters 8,15, 23, 26, or 27A; Chief of the Appellate Division of the (2) Subchapter B of Chapter 25; Effective date: February 19,1968. region, is authorized and each Chief, Ap­ (3) Parts V, VI, VII, or VIE of Sub­ [seal] Sheldon S. Cohen, pellate Branch Office, and ea'ch Associate chapter A of Chapter 27 ; Chie!f is authorized to represent the Re­ (4) Subchapter B of Chapter 28, in­ Commissioner. gional Commissioner in the performance sofar as it relates to liquor and tobacco; [FJR. Doc. 68-2138; Filed, Feb. 20, 1968; of those functions; and each Assistant or 8:48 a.m.] Chief is authorized to represent the Re­ (5) Chapter 9A, insofar as it relates gional Commissioner in the performance to distilled spirits, wines, cordials, or [Delegation Order 66 (Rev. 2); Chief of those functions in any such case in fermented malt liquors. Counsel’s Order 1958-11 (Rev. 2) ] which the net deficiency or net over-as­ (W Under the Internal Revenue Code sessment determined in the statutory no­ of 1954, except any tax imposed by; REGIONAL APPELLATE DIVISION tice does not exceed $50,000 and the basis (1) Chapter 35 or Subtitle D; AND REGIONAL COUNSEL of disposition does not involve a net over­ (2) Subchapter A, Chapter 39 of Sub­ assessment in excess of $50,000. title D; Delegation of Authority Regarding (b) The authorities delegated in sub- (3) Subtitle E; or Protested and Tax Court Cases paragraph (a) of this paragraph are sub­ (4) Subchapter D, Chapter 78 of Sub­ title F, insofar as it relates to liquor and Pursuant to the Authority vested in the ject to the exceptions set forth in para­ undersigned, it is ordered that: graph 3 of this Order and they may not tobacco. be redelegated. 6. (a) In the performance of his func­ 1. (a) In each case in which a tax­ 3. The authorities delegated by this tions under this order, each Regional payer does not agree to the determination order to the Regional Commissioners do Counsel shall be subject to the general of liability made by the office of a District not include authority to : supervision and control of the Chief Director of Internal Revenue or by the (a) Eliminate the ad valorem fraud Counsel. With the approval of the Chief office of the Director of International penalty in any case in which the penalty Counsel, Regional Counsel may redele­ Operations and requests consideration by has been determined by the district office gate any function by this order vested in the Regional Appellate Division, the Re­ in connection with a tax year or period, Regional Counsel. gional Commissioner is authorized ex­ or which is related to or affects such year (b) The Regional Counsel will con­ clusively to represent the Commissioner or period, for which criminal prosecution sider all memoranda prepared in the Re­ (1) in the determination of liability for against the taxpayer (or a related tax­ gional Appellate Division recommending income, profits, estate, and gift tax in payer involving the same transaction) the issuance of statutory notices, prior cases not docketed in the Tax Court of has been recommended to the Depart­ to the issuance of such statutory notices the United States, whether before or ment of Justice for willful attempt to by the Regional Appellate Division. after issuance of a statutory notice; and evade or defeat tax, or for willful failure 7. The instructions contained in this (2) in the determination of liability for to file a return, except upon the recom­ ordep are intended to supplement the in­ the excise and employment taxes desig­ mendation or concurrence of the Re­ struction contained in Delegation Order nated in paragraph 5 of this order. In gional Council; nor No. 60—Chief Counsel’s Order No. 1958- each region the Assistant Regional Com­ (b) Act in any case in which a recom­ 5, dated April 17, 1958, and supersede missioner (Appellate), as Chief of the mendation for criminal prosecution is other prior instructions to the extent Appellate Division of the region, is pending, except with the concurrence of that such other prior instructions are in­ authorized and each Chief, Appellate the Regional Counsel. consistent herewith. Branch Office, and each Associate Chief 8. This order supersedes Delegation is authorized to represent the Regional 4. In any case not docketed in the Tax Order No. 66 (Rev. 1), Chief Counsel’s Commissioner in the determination of Court in which a statutory notice was tax liability in any such case; and each issued by the office of a District Director, Order No. 1958-11 (Rev. 1), issued Janu­ Assistant Chief is authorized to represent the Assistant Regional Commissioner ary 28, 1966. the Regional Commissioner in the deter­ (Appellate) may relinquish the jurisdic­ Date of issuance: February 19, 1968. tion of the Appellate Division by waiver mination of tax liability in any such case Effective date: February 19,1968. in which the net deficiency or the net to the office of that District Director. overassessment determined by the Dis­ Similarly, the Assistant Regional Com­ [ s e a l ] S h e l d o n S. C o h e n , trict Director or by the Director of In­ missioner (Appellate) for the region Commissioner. which includes Washington, D.C., may ternational Operations does not exceed relinquish the jurisdiction of the Ap­ L e s t e r R. U r e t z , $50,000 and the determination of the Ap­ pellate Division by waiver to the office of Chief Counsel. pellate Division does not involve a net the Director of International Operations [F.R. Doc. 68-2139; Filed, Feb. 20, 1968; overassessment in excess of $50,000. in any case in which the office of that Di­ 8:48 a.m.}

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 NOTICES 3237

T. 35 S., R. 34 E., National Park Service DEPARTMENT OF THE INTERIOR Sec. 11, SW14SW14; Sec. 17, W y2; [Order 4, Amdt. 1] Bureau of Land Management Sec. 29, Wy2, SE14. [Classification No. AT—U-2] T. 35 S., R. 35 E., PARK SUPERINTENDENTS, Sec. 33, SE14. SOUTHEAST REGION CALIFORNIA The areas described aggregate 2,120 Establishment of New Cooperating Order Providing for Opening of acres. Associations in Respective Parks Public Lands 2. The lands are located in Harney County. They are semiarid in character . Order No. 4 issued June 9, 1966, is F ebruary 15, 1968. and are not suitable for farming. amended by adding the following sub­ 1. Pursuant to authority redelegated sections : 3. Subject to valid existing rights, the Section 1 (c) : Approving the establish­ to me by the Acting Manager, Sacra­ provisions of existing withdrawals, and mento Land Office, Bureau of Land Man­ ment of new cooperating associations in the requirements of applicable law, the the respective parks. agement, approved by the California lands are hereby open to application, State Director, Bureau of Land Manage­ Section 2(d) : Approving the establish­ petition, location and selection. All valid ment of new cooperating associations in ment, effective November 18, 1965 (30 applications received at or prior to 10 F.R. 14444), the following described pub­ the respective parks. a.m„ March 22, 1968, shall be considered Section 3(j) : Approving the establish­ lic land was classified December 5, 1967, as simultaneously filed at that time. and is hereby opened to filing of applica­ ment of new cooperating associations in Those received thereafter shall be con­ the respective parks. tions for exchange under section 8 of sidered in the order of filing. the Act of June 28, 1934 (48 Stat. 1272; 4. The United States did not acquire (National Park Service Order No. 34 (31 P.R. 43 U.S.C. 315g), as amended, subiect to minerals in the lands described herein. 4255); 39 Stat. 535; 15 U.S.C., sec. 2. South­ valid existing rights, the provisions of east Region Order No. 4 (31 F.R. 3135) ) any existing withdrawals, and the re­ 5. Inquiries concerning the .lands should be addressed to the Chief, Divi­ Jackson E. Price, quirements of applicable law. All appli­ Regional Director. cations received at or prior to 10 a.m. on sion of Lands and Minerals Program March 11, 1968, shall be considered as Management and Land Office, Post Of­ January 17, 1968. simultaneously filed at that time. Those fice Box 2965, Portland, Oreg. 97208. [PR. Doc. 68-2111; Piled, Peb. 20, 1968; received thereafter shall be considered V irgil O. Seiser, 8:46 a.m.] in order of filing. Chief, Branch of Lands. MOUNT DIABLO MERIDIAN [F.R. Doc. 68-2170; Piled, Feb. 20, 1968; GRAND PORTAGE NATIONAL 8:50 a.m.] T. 9 N„ R. 2 W., MONUMENT, MINN. Sec. 31, SE&. Notice of intention To Issue 2. The above-described area contains Fish and Wildlife Service Concession Permit 160 acres of public land in Yolo County. [Docket No. Sub-S-9] The land lies on a topographic feature Pursuant to the provisions of section 5 known as Rocky Ridge approximately 5 BUMBLE BEE SEAFOODS of the Act of October 9, 1965 (79 Stat. miles each of Monticello, Calif., and is 969; 16 U.S.C. 20), public notice is hereby Notice of Hearing included in the Clear Lake National Co­ given that thirty (30) days after the date operative Land Wildlife Management F ebruary 15,1968. of publication of this notice, the Depart­ Bumble Bee Seafoods, a division of ment of the Interior, through the Super­ Area Unit No. 3. intendent, Grand Portage National Inquiries concerning the land should Castle & Cooke, Inc., Astoria, Oreg., has applied for a fishing vessel construction Monument, proposes to issue a conces­ be addressed to the Land Office, Bureau differential subsidy to aid in the con­ sion permit to Grand Portage Band, of Land Management, Sacramento, Calif. struction of a 118-foot length overall Minnesota Chippewa Indians, author­ 95814. steel vessel to engage in the fishery for izing them to provide food service and Jesse H. Johnson, tuna, bottomfish, halibut, shrimp, king gift shop service for the public at Grand Acting Chief, crab, and Dungeness crab. Portage National Monument, for a period of three (3) years from January 1, 1968, Lands Adjudication Section. Notice is hereby given pursuant to the provisions of the U.S. Fishing Fleet Im­ through December 31, 1970. [PJÌ. Doc. 68-2182; Piled, Peb. 20, 1968; The foregoing concessioner has per­ 8:51am .] provement Act (Public Law 88-498) and formed its obligations under an existing notice and hearing on subsidies (50 CFR permit to the satisfaction of the National Part 257) that a hearing in the-above- [OR 829] entitled proceedings will be held on Park Service, and therefore, pursuant to March 28,1968, at 10 a.m., e.s.t., in Room the Act cited above, is entitled to be OREGON given preference in the issuance of a new 3356, Interior Building, 18th and C permit. However, under the Act cited Order Providing for Opening of Streets NW., Washington, D.C. Any per­ above, the Secretary is also required to Public Lands son desiring to intervene must file a peti­ consider and evaluate all proposals re­ tion of intervention with the Director, ceived as a result of this notice. Any pro­ F ebruary 15, 1968. Bureau of Commercial Fisheries, as pre­ posal to be considered and evaluated 1* In an exchange of lands made scribed in 50 CFR Part 257, at least 10 must be submitted within thirty (30) under the provisions of section 8 of the days prior to the date set for the hearing. days after the date of publication of this Act of June 28, 1934 (48 Stat. 1272), as If such petition of intervention is notice. granted, the place of the hearing may be Interested parties should contact the amended June 26, 1936 (49 Stat. 1976; changed to a field location. Telegraphic 43 U.S.C. 315g), the following lands have Superintendent, Grand Portage National notice will be given to the parties in the Monument, Box 666, Grand Marais, been reconveyed to the United States: event of such a change, along with the Minn. 55604, for information as to the W illamette Meridian new location. requirements of the proposed permit. T- 32 S., R. 26 E., J. L. M cHugh, Sec. 16, W%; Dated: February 1,1968. Acting Director, ^ 3 6 Ny2) SE&. W illiam B romberg, r< 28 S ..R .30 E., m Bureau of Commercial Fisheries. Superintendent. Sec. Il, N^SEft; [FJR. Doc. 68-2169; Piled, Peb. 20, 1968; Sec. 12, S1/2NW14, SW&. [P.R. Doc. 68-2112; Piled, Peb. 20, 1968; 8:50 a.m.] 8:46 ajn.]

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 2 T, 1968 3238 NOTICES

Office of the Secretary North Vietnam ports on or after Janu­ DEPARTMENT OF COMMERCE ary 25, 1966, based on information re­ WILLIAM G. MEESE Bureau of International Commerce ceived through February 9, 1968. This list does not include vessels under the Report of Appointment and State­ [File No. 22 (66)-4] registration of countries, including the ment of Financial Interests VALVULAS ELECTRICA Y TRANSIS­ Soviet Union and Communist China, which normally do not have vessels call­ January 27, 1968. TORES, S.A. (VETRASA) ing at United States ports. Pursuant to section 302(a) of Execu­ tive Order 10647, the following informa­ Notice of Related Party F lag op R egistry and Name op Ship tion on a WOC appointee in the Depart­ Determination Gross Tonnage ment of the Interior is furnished for By order dated July 22, 1960, the Total—all flags (49 ships)__ 335, 049 publication in the F ederal R egister: Bureau of Foreign Commerce, prede­ Polish (27 ships)______209,301 Name of appointee: William G. Meese. cessor of the Bureau of International Name of employing agency: Depart­ Commerce, U.S. Department of Com­ Andrzej Strug------6,919 ment of the Interior, Office of Assistant merce, entered an order against Alex­ Beniowski ______10,443 Secretary—Water and Power Develop­ ander Botez and other parties denying D jakarta______6,915 them for the duration of export con­ Energetyk______10,876 ment, Defense Electric Power Adminis­ Florian Ceynowa______6, 784 tration. trols, all privileges of participating in General Sikorski______6,785 any manner or capacity in exportations The title of the appoointee’s position: Hanka Sawicka______6,944 from the United States of commodities H anoi------6,914 Director, Defense Electric Power Area 6. or technical data. This order was pub­ Hugo Rollataj ______3,755 The name of the appointee’s private lished in the F ederal R egister on July Jan Matejko______6,748 employer or employers: The Detroit Edi­ 28,1960 (25 F.R. 7163). Janek Krasicki______6,904 son Co., Detroit, Mich. Jozef Conrad______8,730 Section 382.1(b) of the Export Regula­ Kapitan Kosko______:____ 6,629 The statement of “financial interests” tions provides in part that, to the ex­ Kochanowski______8,231 for the above appointee is set forth tent necessary to prevent evasion of any Konopnicka ______9,690 order denying export privileges, said below. Kraszewski______10,363 order may be made applicable to parties Lelewel ______7,817 S tewart L. Udall, other than those named in the order Marceli Nowotko______6,660 Secretary of the Interior. with whom said named parties may then Marian Buczek______7,053 Moniuszko ______9,247 A ppointee’s S tatement of F inancial or thereafter be related by ownership, Norwid______;______5,512 Interests control, position of responsibility, affil­ P h en ia n ______6,923 iation, or other connection in the con­ Przyjazn Narodow______8,876 In accordance with the requirements duct of trade or related services. It has Stefan Okrzeja______6,620 of section 302(b) of Executive Order been determined by the Office of Export Transportowiec______10,854 10647, I am filing the following state­ Control that within the purview of said Wieniawski______9,190 Wladyslaw Broniewski______6,919 ment for publication in the F ederal section the firm Válvulas Eléctrica y Transistores, S.A. (VETRASA), San­ British (13 ships)______.___ 70,102 R egister: tiago Bernabeu 4, Madrid, Spain, is a (1) Names of any corporations of related party to said Alexander Botez. Ardrossmore______5,820 which I am, or had been within 60 days Under this determination the terms and Ardrowan ______7,300 preceding my appointment, on Janu­ restrictions of the order of July 28, 1960 Dartford ______2,739 are effective against said related party. Greenford______2,964 ary 27, 1968, as Director, DEPA Area 6, Isabel Erica______!_;______7,105 Defense Electric Power Administration, The said related party has been noti­ K ingford______2, 911 an officer or director: fied of this determination and has been Rochford ______3,324 advised that if it contends that the rul­ * * Rosetta Maud (trip to North Officer: The Detroit Edison. Co., 2000 Sec­ ing is not justified it may make applica­ Vietnam under ex-name, Ard- ond Avenue, Detroit, Mich. 48226. tion to have the ruling reconsidered or tara—British) ______5, 795 Santa Granda______7,229 (2) Names of any corporations in terminated. Due notice will be given of any termination or change in this re­ Shienfoon______7,127 which I own, or did own within 60 days Shirley Christine______I______6, 724 lated party determination. T aipieng______5,676 preceding my appointment, any stocks, Yungfutary ______5,388 bonds, or other financial interests: Dated: February 14,1968. R auer H. M eyer, Cypriot (5 ships)______30,981 The Detroit Edison Co. Director, Office of Export Control. Ford Motor Co. Acme ______7,173 Hershey Foods. [F.R. Doc. 68-2131; Filed, Feb. 20, 1968; * *Agenor (trips to North Viet­ Tenneco, Inc. 8:47 a.m.] nam—G reek)______7,139 A M T Corp. A m on ______7, 229 Enterprise. Antonia II______7,303 Maritime Administration (3) Names of any partnerships in * Marianthi______2,137 [Report 18] ^ which I am associated, or had been as­ Italian (1 ship)______8,380 sociated within 60 days preceding my LIST OF FOREIGN FLAG VESSELS AR­ Agostino Bertani______.______8.380 appointment: RIVING IN NORTH VIETNAM ON None. OR AFTER JANUARY 25, 1966 Lebanese (1 ship)______7,092 (4) Names of any other businesses Section 1. The President has approved ♦Nagos______7> a policy of denying the carriage of U.S. which I own, or owned within 60 days Government-financed cargoes shipped Maltest (1 ship)...... — 7-304 preceding my appointment: from the United States on foreign flag None. vessels which called at North Vietnam Am alia______7,304 ports on or after January 25,1966. W illiam G. M eese. Panamanian (1 ship)______- 1.889 The Maritime Administration is mak­ F ebruary 12, 1968. ing available to the appropriate U.S. *‘ Salamanca (trips to North Viet­ [F:r . Doc. 68-2113; Filed, Feb. 20, 1968; Government Departments the following nam under ex-name, Milford— 8:46 a.m.] list of such vessels which arrived in British) ...... -

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21> 1968 NOTICES 3239

Sec. 2. In accordance with ap­ Subsidy Board, Washington, D.C. 20235, HESS AND CLARK proved procedures, the vessels listed be(- by the close of business on March 8,1968. low which called at North Vietnam on In the event an opportunity to present Notice of Withdrawal of Petition for or after January 25, 1966, have re­ oral argument is also desired, specific Food Additives acquired eligibility to carry U.S. Govern­ reason for such request should also be ment-financed cargoes from the United included. The Maritime Subsidy Board Pursuant to the provisions of the Fed­ States by virtue of the persons who con­ will consider these comments and views eral Food,- Drug, and Cosmetic Act (sec. trol the vessels having given satisfactory and take such action with respect there­ 409(b), 72 Stat. 1786; 21 U.S.C. 348(b)), certification and assurance: to as in its discretion it deems warranted. the following notice is issued: In accordance with § 121.52 With­ (a) That such vessels will not, thence­ Dated: February 19, 1968. drawal of petitions without prejudice of forth, be employed in the North Vietnam trade so long as it remains the policy of By order of the Maritime Subsidy the procedural food additive regulations Board. (21 CFR 121.52), Hess and Clark, Divi­ the U.S. Government to discourage such sion of Richardson-Merrell, Inc., Ash­ trade and; James S. D awson, Jr., Secretary. land, Ohio 44805, has withdrawn its pe­ (b) That no other vessels under their tition, notice of which was published in control will thenceforth be employed in [F.R. Doc. 68-2225; Filed, Feb. 20, 1968; 8:51 am.] the F ederal R egister of June 21, 1967 the North Vietnam trade, except as pro­ (32 F.R. 8825), proposing the amend­ vided in paragraph (c) and; ments of the food additive regulations (c> That vessels under their control to provide for the safe use in chicken feed which are covered by contractural obli­ of a combination drug containing nihy- gations, including charters, entered into DEPARTMENT OF HEALTH, EDUCA­ drazone and 3-nitro-4-hydroxyphenyl- prior to January 25, 1966, requiring their arsonic acid for conditions described in employment in the North Vietnam trade TION, AND WELFARE § 121.237 Nihydrazone and for growth shall be withdrawn from such trade at Food and Drug Administration promotion, feed efficiency, and pigmenta­ the earliest opportunity consistent with tion improvement. such contractural obligations. CHEMAGRO CORP. Dated: February 14, 1968. F lag op R egistry ' Notice of Filing of Petition for Food J. K. K irk, a. Since Last Report: None. Additive Naphthalophos Associate Commissioner b. Previous reports: Number Pursuant to the provisions of the Fed­ for Compliance. of ships eral Food, Drug, and Cosmetic Act (sec. [F.R. Doc. 68-2168; Filed, Feb. 20, 1968; British______i 409(b)(5), 72 Stat. 1786; 21 U.S.C. 8:50 a.m.] Sec. 3. The following number of vessels 348(b) (5)), notice is given that a peti­ have been removed from this list since tion has been filed by Chemagro Corp., they have been broken up. Post Office Box 4913, Hawthorn Road, Kansas City, Mo. 64120, proposing the DEPARTMENT OF Flag of R egistry Broken up British ______1 issuance of a food additive regulation Cypriot ______2 to provide for the safe use of naphthalo­ TRANSPORTATION Greek______\ i phos (N-hydroxynaphthalimide diethyl Federal Aviation Administration phosphate) as an oral drench for the ♦Added to Report No. 17 appearing in the control of certain stomach and intestinal AIRPORTS DISTRICT OFFICE AT Federal R egister issue of Jan. 9, 1968. roundworms of cattle and sheep. PHOENIX, ARIZ. ♦♦Ships appearing on the list which have made no trips to North Vietnam under the Dated: Februray 14,1968. Notice of Closing present registry. J. K . K irk, Notice is hereby given that on or about Dated: February 14,1968. Associate Commissioner March 1, 1968, the Airports District By order of the Acting Maritime for Compliance. Office at Phoenix, Ariz. is closing. Serv­ Administrator. [FJt. Doc. 68-2166; Filed, Feb. 20, 1968; ices to the public of Arizona concerning 8:50 am.] airport matters after that date will be James S. D awson, Jr., furnished by the Airports Branch of the Secretary. EMULSION A/S Los Angeles Area Office, 5885 West Im­ [F.R. Doc. 68-2133; Filed, Feb. 20, 1968; perial Highway, Los Angeles, Calif. 8:47 a.m.] Notice of Withdrawal of Petition for 90045. Food Additives (Sec. 313(a), 72 Stat. 752; 49 U.S.C. 1354) UNITED STATES LINES, INC. Pursuant to the provisions of the Fed­ Issued: February 8, 1968. eral Food, Drug, and Cosmetic Act (sec. Notice of Application for Approval 409(b), 72 Stat. 1786; 21 U.S.C. 348(b)), A rvin O. Basnight, of Cruise the following notice is issued : - . Director, Western Region. Notice is hereby given that United In accordance with § 121.52 With­ [F.R. Doc. 68-2120; Filed, Feb. 20, 1968; states Lines, Inc., acting pursuant to drawal of petitions without prejudice of 8:46 a.m.] Public Law 87-45, has applied to the the procedural food additive regulations Maritime Administration for approval of (21 CFR 121.52), Emulsion A/S, Pals- wie following cruise by the “SS United gaard, Juelsminde, Denmark, has with­ ¡states” : drawn its petition (FAP 6A2046), notice ATOMIC ENERGY COMMISSION of which was published in the F ederal [Docket Nos. 50-317, 50-318] R egister of September 12, 1967 (32 F.R. Departs Arrives Itinerary New York New York 12961), proposing the issuance of a reg­ BALTIMORE GAS AND ELECTRIC CO. ulation to provide for the safe use of par­ Mar. 5,1969 Notice of Receipt of Application for Mar. 15,1969 Curacao, Trinidad, tial glycerol-fatty acid-citric acid esters Martinique, as emulsifying agents in nonstandardized Construction Permit and Facility St. Thomas. License — ------_ dressings and sauces. Any person, firm, or corporation hav Dated: February 14, 1968. The Baltimore Gas and Electric Co., i • interest, within the meaning of P J. K. K irk, Gas and Electric Building, Charles 8I~45, 111 016 foregoing who Associate Commissioner Center, Baltimore, Md. 21203, pursuant shrmi/P o£Ler ^ ta , views, and argume for Compliance. to section 104(b) of the Atomic Energy trtrVH« the same in writing, [F.R. Doc. 68-2167; Filed, Feb. 20, 1968; Act of 1954, as amended, has filed an P icate, to the Secretary, Mariti 8:50 a.m.] application, dated January 25, 1968, for

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 2 Î, 1968 3240 NOTICES licenses to construct and operate a two- Act), of the control relationships resulting going control relationships should be ap­ unit nuclear power plant at its 985-acre from the ownership by Mr. Whiting of 50 proved under section 408(b) of the Act, with­ percent of the stock of Forwarders, an appli­ out hearing, and that the application to the site on the western shore of the Chesa­ cant for international air freight forwarder extent that it requests approval of the afore­ peake Bay, in Calvert County, approxi­ authority, and 100 percent of the stock of mentioned interlocking relationships should mately 10 miles southeast of Prince New Frontiers Travel Agency, Inc. (New be dismissed. Frederick, Md. Frontiers), an ATC and IATA approved travel 'Accordingly, it is ordered: The proposed nuclear power plant will agent. Forwarders is also an independent 1. That the common control of Forwarders consist of two identical pressurized water ocean freight forwarder, licensed by the Fed­ and New Frontiers by Mr. Whiting be and it nuclear reactors, designated by the eral Maritime Commission and an IATA hereby is approved; and applicant as the Calvert Cliffs Nuclear cargo agent. The FMC does not consider 2. That, to the extent that approval of independent ocean freight forwarders to be interlocking relationships is sought under Power Plant, Units 1 and 2, each of common carriers. which is designed for initial operation at Approval is also sought, pursuant to sec­ section 409 of the Act, the application be and approximately 2,450 thermal megawatts tion 409 of the Act, for the following inter­ it hereby is dismissed. with a gross electrical output of approxi­ locking relationships: 2 Persons entitled to petition the Board for review of this order pursuant to the Board’s mately 837 megawatts. regulations, 14 CFR 385.50, may file such A copy of the application is available Individuals Forwarders New frontiers petitions within 5 days after the date of for public inspection at the Commission’s service of this order. Public Document Room, 1717 H Street George W. B. President, President, chair- This order shall be effective and become NW., Washington, D.C. Whiting. chairman of man of board. the action of the Civil Aeronautics Board board. upon expiration of the above period unless Dated at Bethesda, Md., this 14th day Anthony A. Toro. Vice president... Vice president. Cesareo C. Llano _ ____ do...... Do. within such period a petition for review -is of February 1968. filed, or the Board gives notice that it will review this order on its own motion. For the Atomic Energy Commission. It is alleged that by becoming an indirect M. M. M ann, air carrier, Forwarders can promote con­ [ seal] Harold R. Sanderson, Acting Director, solidation services in certain markets pres­ Secretary. Division of Reactor Licensing. ently untapped by air freight. The applicants [F.R. Doc. 68-2147; Filed, Feb. 20, 1968; state that they will endeavor to sell their 8:48 a.m.] [F.R. Doc. 68-2098; Filed, Feb. 20, 1968; service to known, and potential, shippers by 8:45 a.m.] providing an attractive tariff structure, and an excellent service with performance. [Docket No. 19481] No comments relative to the application or requests for a hearing have been received. T.F.C. AIR FREIGHT, INC., ET AL. CIVIL AERONAUTICS BOARD Notice of intent to dispose of the applica­ Notice of Proposed Approval tion without a hearing has been published in [Docket No. 19124] the F ederal R egister and a copy of such Application of T.F.C. Air Freight, Inc., notice has been furnished by the Board to et al., for approval of control and inter­ FRONTIER FREIGHT FORWARDERS, the Attorney General not later than 1 day locking relationships, Docket 19481. INC., ET AL. following such publication, both in accord­ Notice is hereby given, pursuant to the ance with section 408(b) of the Act. Notice of Proposed Approval statutory requirements of section 408(b) Upon consideration of the foregoing, it is of the Federal Aviation Act of 1958, as Joint application of Frontier Freight concluded that, for the' purpose of this amended, that the undersigned intends, Forwarders, Inc., et al., for approval of proceeding, Forwarders is an air carrier, that New Frontier is a person engaged in a phase to issue the order set forth below under control and interlocking relationships of aeronautics, both within the meaning of delegated authority. Interested persons under sections 408 and 409 of the Fed­ section 408(a) of the Act, that Mr. Whiting are hereby afforded a period of 15 days eral Aviation Act of 1958, as amended, exercises control over Forwarders and that from the date of service within which Docket 19124. his common control of both companies is to file comments or request a hearing Notice is hereby given, pursuant to subject to that section. However, it has been with respect to the action proposed in the statutory requirements of section further' concluded that such a control re­ the order. 408(b) of the Federal Aviation Act of lationship does not affect a carrier directly 1958, as amended, that the undersigned engaged in the operation of aircraft in air Dated at Washington, D.C., Febru­ transportation, does not result in creating a ary 15,1968. intends to issue the order set forth below monopoly and does not restrain competition. under delegated authority. Interested Furthermore, no person disclosing a substan­ [seal! A. M. A ndrews, persons are hereby afforded a period of tial interest in the proceeding is currently Director, 15 days from the date of service within requesting a hearing and it is concluded Bureau of Operating Rights. that the public interest does not reqiure a which to file comments or request a Order Approving Control R elationships hearing with respect to the action pro­ hearing. The control relationship is similar posed in the order. to others which have been approved by the Issued under delegated authority. Board and does not, essentially, present any Joint application of T.F.C. Air Freight, Dated at Washington, D.C., Feb­ new substantive issues.8 It therefore appears Inc., Alco Transportation Co., John B. De- ruary 15,1968. that approval of the control relationship Nault, James A. Bowers, and Clyde G. Gries- would be consistent with the public interest. bach, Jr., for approval of control and inter­ [ seal] A. M. A ndrews, We also find that interlocking relation­ locking relationships pursuant to sections Director, ships within the scope of section 409 of the 408 and 409 of the Federal Aviation ,Act of Bureau of Operating Rights. Act will result from the holding by Messrs. 1958, as amended; Docket 19481. Order op A pproval Whiting, Toro, and Llano of the positions By joint application filed January 18, 1968, mentioned herein. However, we have con­ as amended,* Mr. John B. DeNault Issued under delegated authority. cluded that such relationships come within Application of Frontier Freight Forward­ approval, pursuant to section 408 of the gen­ the scope of the exemption from the pro­ eral Aviation Act of 1958, as amended (t e ers, Inc., George B. Whiting, Anthony A. visions of section 409 afforded by § 287.2 of A ct), of his control of T.F.C. Air Freight, Inc. Toro, and Cesareo C. Llano for approval of the Board’s economic regulations. Thus, to certain control and interlocking relation­ (T.F.C:), and Alco Transportation Co. (Alco). the extent that the application requests, ap­ Additionally, James A. Bowers and Clyde • ships pursuant to sections 408 and 409 of proval of such relationships, it will be Griesbach, Jr., request approval pursuant to the Federal Aviation Act of 1958; Docket dismissed. section 409 of the Act of the interlocking 19124. Pursuant to authority duly delegated by relationships resulting from the holdings by By amended application filed January 12, the Board in the Board’s regulations, 14 CFR Messrs. Bowers and Griesbach of positions in 1968,1 Frontier Freight Forwarders, Inc. 385.13 and 385.3, it is found that the fore- (Forwarders), and George B. Whiting request T.F.C. while each holds also positions in approval pursuant to section 408 of the Fed­ 2 Messrs. Whiting, Llano, and Toro are also Alco. eral Aviation Act of 1958, as amended (the officers of Frontier Freight Brokers, Inc., a 1 The application was initially filedCustomer House Broker licensed by the U.S. * The application was supplemented by let­ Department of Treasury. Oct- 17, 1967, and supplemented Jan. 12, ters filed Jan. 31, and Feb. 7, 1968. 1968. 3 Order R-10776, Nov. 21,1956.

FEDERAL REGISTER, V O l. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 NOTICES 3241

Alco is an intrastate carrier by truck,5 mentioned interlocking relationships, should titions within five days after the date of and T.F.C. is an applicant for Board author­ be dismissed. service of this order. izations as a domestic and international air Accordingly, it is ordered: This order shall be effective and become freight forwarder. Mr. DeNault holds the 1. That the common control by Mr. the action of the Civil Aeronautics Board controlling interest in Alco, consisting of his DeNault of Alco and, through Alco, of T.F.C. upon expiration of the above period unless own holding of 48.4 percent of Alco’s shares be and it hereby is approved: and within such period a petition for review of stock, which, together with the 1.9 per­ 2. That, to the extent that approval of thereof is filed, or the Board gives notice that cent held by Jean DeNault, comprises 50.3 interlocking relationships is sought under it will review this order on its own motion. percent, hence a majority, of Alco’s outstand­ section 409 of the Act, the application be and ing stock. Alco, in turn, holds 25 percent of it hereby is dismissed. [ seal] Harold R. Sanderson, T.F.C.’s stock, and a debt interest deriving Persons entitled to petition the Board for Secretary. from Alco’s loans of money to Messrs. Bowers review of this order pursuant to the Board’s [F.R. Doc. 68-2148; Filed, Feb. 20, 1968; and Griesbach for their purchase of the regulations, 14 CFR 385.50, may file such pe­ 8:48 a.m.] remaining 75 percent of the shares of TJ.C.’s stock. Further, approval is requested of the fol­ lowing interlocking relationships: CIVIL SERVICE COMMISSION Company and position PERSONNEL MANAGEMENT SPECIALIST ET AL. Individual T .F.C. Alco Manpower Shortage; Listing

Mr. Bowers... President, direo- Vice president, Under the provisions of 5 U.S.C. 5723, the Civil Service Commission has found tor. director. that there is a manpower shortage for the following positions: Mr. Gries- Vice president, Vice president, bach, Jr. secretary, treas- secretary, direc- urer, director. tor. Series, code Position title Location Date of and grade finding . No comments relative to the joint applica­ tion or requests for a hearing have been GS-201-9...... Personnel Management Specialist____ Groton and New London, Conn______Aug. 17,1967 GS-212-9___ I... Personnel Staffing Specialist.______Aug. 17,1967 received. GS-223-9...... Salary and Wage Specialist______. . Aug. 17,1967 Notice of intent to dispose of the applica­ GS-230-9...... Employee Relations Specialist______Aug. 17,1967 tion without a hearing has been published GS-412-111..___ Research Parasitologist______Aug. 28,1967 GS-621-3/5____ in the Federal R egister, and a copy of such Nursing Assistant (limited to L P N ’s). New York, N.Y.,metropolitan area____ Oct. 30,1967 GS-699-5/8--. __ Cardiopulmonary Function Tech­ San Francisco Bay Area, California_____ Aug. 30,1967 notice has been furnished by the Board to nician. the Attorney General not later than the day GS-699-9 »______do______Aug. 30,1967 following the date of such publication, both GS-560-71...... Budget Analyst______Dec. 26,1967 in accordance with the requirements of sec­ GS-699-10 1...... Medical Aid (Nephrology Specialist).. Veterans Administration Center, Los Oct. 13,1967 Angeles, Calif. tion 408(b) of the Act. GS-993-5-...... Claims Examiner______Sept. 5,1967 Upon consideration of the application, as GS-102G-I0 ‘...... Illustrator (Medical)______Ames Research Center, Moffett Field, Aug. 28,1967 amended, it is concluded that Alco is a com­ Calif. mon carrier by truck and T.F.C. is an air Journeyman____ Blacksmith (other fires! Bremerton-Keyport, Wash."______Aug. 22,1967 Journeyman____ Blacksmith (heavy fires)______Aug. 22,1967 carrier, and that the control by Mr. DeNault Journeyman2___ Refrigeration and Air Conditioning Aug. 29,1967 of Alco and, through Alco, of T.F.C. is sub­ Mechanic. ject to section 408 of the Act. However, it is further concluded that such control relation­ 1 This finding will terminate when the position is filled. ships do not affect a carrier directly engaged 1 This finding is subject to reactivating an active recruitment effort locally comparable to what is being done at in the operation of aircraft in air transporta­ distant points. tion, do not result in creating a monopoly, and do not restrain competition. Further­ The appointees to these positions may be paid for the expense of travel and trans­ more, no person disclosing a substantial portation to the first post of duty. interest in the proceeding is currently re­ United S tates Civil S ervice Commission, questing a hearing and it is found that the [ seal] James C. Spry, public interest does not require a hearing. Executive Assistant to the Commissioners. The control relationships are similar to others [Fit. Doc. 68-2077; Filed, Feb. 20, 1968; 8:45 am .] which have been approved by the Board and essentially do not' present any substantive issues.* It therefore appears that approval of of Life at Sea Convention should be in­ the control relationships would not be incon­ sistent with the public interest. FEDERAL COMMUNICATIONS cluded in the Manual. To this end, a We also find that interlocking relationships notice of inquiry was released January 10, within the scope of section 409(a) of the Act 1968, and published in the Federal R eg­ will result from the holding by the individual COMMISSION ister (33 FJt. 549). applicants of the positions described herein. [Docket No. 17938; FCC 68-136] 3. Comments have been received and However, we have concluded that such rela­ tionships come within the scope of the ex­ ADOPTION OF MARITIME MOBILE recommendations prepared. The recom­ mendations are based on information re­ emption from the provisions of section 409 SERVICE MANUAL afforded by § 287.2 of the Board’s economic ceived from Government and industry. regulations. Thus, to the extent that the Order Terminating Proceeding There were no areas of real controversy application requests approval of such rela­ and for the most part the requests of the tionships, it will be dismissed. 1. At the International Telecommuni­ commentators were included in the rec­ +ViPlifSUan^ authority delegated by cation Union (ITU) World Administra­ ommendations. The purpose of this no­ vne Board in the Board’s regulations, 14 CFR tion Radio Conference to deal with mat­ tice of inquiry has been fulfilled. and 385.3, it is found that the fore- ters relating to Maritime Mobile Service °°*ng. control relationships should be ap- 4. In view of the foregoing: It is convened in Geneva, September 1967, it ordered, That the proceeding is hereby proved under section 408(b) of the Act, with- was resolved to publish a Maritime Mobile and that the application, to the terminated. tent that it requests approval of the afore- Service Manual. All ships required to be equipped with radiotelegraph would be Adopted: February 7,1968. required to carry this Manual after Released: February 15,1968. msuif0 holds from the California Public April 1, 1969, in lieu of the Radio itipi t Commlssi°n the following author- Regulations. F ederal Communications ’ W Surface common carrier certificate Commission, iq Radial Highway Permit No. 2. A draft manual was forwarded by ITU to the United States for the purpose [seal] B en F. W aple, No 19- 3773nCi ^ Contract Carrier Permit of review to determine what provisions Secretary. « * for example, Mark IV Air Freight, et of the Revised Radio Regulations, the [F.R. Doc. 68-2157; Filed, Feb. 20, 1968; ai.. Order E-22451, July 19, 1965. Telegraph Regulations and the Safety 8:49 &.m.]

No. 36------5 FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 3242 NOTICES

[Canadian Change List No. 238] File Nos. CATV 100-23,100-39; Rockford Community Television, Inc., Loves Park, CANADIAN BROADCAST STATIONS 111., Docket No. 17235, File No. CATV List of Changes, Proposed Changes, and Corrections in Assignments 100-68; TV Cable Company of Stephen­ son County, Freeport, 111., Docket No. January 29, 1968. 17236, File Ncf. CATV 100-105; Beloit Notification under the Provision of Part III, section 2 of the North American Community Television Services, Inc., Be­ Regional Broadcasting Agreement. loit, Wis., Docket No. 17237, File No. List of changes, proposed changes and corrections in assignment of Canadian CATV 100-92; Television Wisconsin, Inc., Broadcast Stations modifying appendix containing Assignments of Canadian Sta­ Whitewater, Wis., Docket No. 17238, tions (Mimeograph No. 47214-3) attached to the recommendation of the North File No. CATV 100-26; Whitewater Cable American Regional Broadcasting Agreement Engineering Meeting. Corp., Whitewater, Wis., Docket. No. 17239, File No. CATV 100-37; Jeffersort Sched­ Expected date of Call letters Location Power kw Antenna ule Class commencement Cable Corp., Jefferson, Wis., Docket No. of operation 17240, File No. CATV 100-51; Total TV, Inc., Janesville, Wis., Docket No. 17241, 600 kc/s File No. CATV 100-13; for authority St. Anthony, 10 kw ______DA-2 U III EIO 1-15-69. pursuant to § 74.1107 to serve and op­ N ewfoundland. 1060 kc/s erate CATV systems in the Milwaukee, CKSB ...... St. Boniface, Manitoba.. 10 kw ______DA-N UII Wis. Market (24), Madison, Wis., Mar­ (Correction of geo­ graphical co­ ket (80), and Rockford, 111., Market ordinates only.) (99). On the letter-request of counsel for F ederal Communications Commission, Total TV, Inc., dated February 13, 1968; [seal] - B en F. W aple, It is ordered, That the nonevidential Secretary, hearing of February 26 i§ rescheduled to [F.R. Doc. 68-2152; Filed, Feb. 20, 1968; 8:49 a.m.] February 27,1968, at 9 a.m.. Issued: February 14,1968. [Docket No. 17598; FCC 68M-265] license for Radio Station KNC-2637 in Released: February 14,1968. the Citizens Radio Service should not be RONNIE J. CAMP ederal ommunications revoked. F C Order Scheduling Hearing The Chief Hearing Examiner having Commission, under consideration a motion in behalf [seal] B en F. W aple, In the matter of Ronnie J. Camp, of the rspondent herein, Roy E. Carlisle, Secretary. Temple City, Calif., suspension of Ama­ filed November 13, 1967, for field hearing [F.R. Doc. 68-2154; Filed, Feb. 20, 1968; teur Radio Operator License (K6EVR). in the above-entitled proceeding; 8:49 a.m. ] The Chief Hearing Examiner having It appearing that hearing in this pro­ under consideration a request in behalf ceeding was originally scheduled to be [Docket Nos. 17648, 17649; FCC 68M-255] of the respondent herein, Ronnie J. held in Washington, D.C., by order re­ Camp, filed July 31, 1967, that the place leased October 19, 1967; and that this EL CAMINO BROADCASTING CORP. of hearing in the above-entitled proceed­ action was set aside by order released AND SOUTH COAST BROADCAST­ ing be changed from Washington, D.C., to November 20, 1967, which also provided ING CO. a location in the Southern District of that ruling upon the instant motion of California; respondent would be held in abeyance; Order Continuing Hearing It appearing that by order released It appearing further that respondent is In re applications of El Camino Broad­ September 19, 1967, ruling on the instant not financially able to proceed to Wash­ request was held in abeyance; casting Corp., San Clemente, Calif., ington, D.C., and there participate in Docket No. 17648, File No. BPH-5566; It appearing further that respondent is the hearing and that his health “will not Leon Hyzen, Charles W. Jobbins, and not financially able to proceed to Wash­ permit him to make such a trip” ; Leon F. Westendorf, doing business as ington, D.C., and there participate in his It appearing further that the request South Coast Broadcasting Co., San Cle­ hearing; under consideration is supported by a mente, Calif., Docket No. 17649, File No. It appearing further that the request showing of good and sufficient cause: BPH-5756; for construction permits. is supported by a showing of good and It is ordered, That the motion is The Hearing Examiner has under con­ sufficient cause and that it is appropriate granted and that the hearing in the sideration a motion filed February 12, to authorize a field hearing in this above-entitled proceeding shall be held 1968, on behalf of both of the applicants matter: in Portland, Oreg., on April 12,1968: And, requesting that the date for the exchange It is ordered, That the request is it is further ordered, That Hearing Ex­ of written exhibits and for the start of granted and that the hearing in the aminer Jay A. Kyle, in lieu of Hearing the evidentiary hearing be continued for above-entitled proceeding shall be con­ Examiner Chester F. Naumowicz, Jr., 60 days or until action has been taken on vened in Los Angeles, Calif., on April 4, shall serve as Presiding Officer in this certain pleadings addressed to the Com­ 1968. proceeding. mission and the Review Board. Issued: February 15,1968. The pleadings referred to include re­ Issued: February 15, 1968. quests for enlargement of issues against Released: February 16, 1968. Released: February 16, 1968. each applicant as well as a motion to dis­ miss one of the applications. The action Federal Communications F ederal Communications Commission, Commission, taken on said pleadings will have mate­ [seal] B en F. W aple, seal en aple rial bearing on the type of evidence to be [ ] B F. W , _ .o e ~ __j L i___ h n o r i n O - Secretary. Secretary. All parties have consented to immedi­ [F.R. Doc. 68-2151; Filed, Feb. 20, 1968; [F.R. Doc. 68-2153; FUed, Feb. 20, 1968; 8:49 a.m.] 8:49 a.m.] ate favorable action on the joint motion, and good cause for granting the same [Docket Nos. 17234-17241; FCC 68M-254] has been shown. [Docket No. 17733; FCC 68M-273] It is ordered, That the motion for con­ ROY E. CARLISLE CATV OF ROCKFORD, INC., ET AL. tinuance is granted, and the date for the exchange of written exhibits is continued Order Scheduling Hearing Order Rescheduling Hearing from February 12,1968, to April 12,19oo, ' In the matter of Roy E. Carlisle, Port­ In re petitions by CATV of Rockford, and the date of the evidentiary hearing land, Oreg., order to show cause why the Inc., Rockford, 111., Docket No. 17234, is continued from February 27, 1968, to

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 NOTICES 3243 April 29,1968, or to an earlier date which through a hearing” ; and that it would accommodate the brief postponement may be specified by the Hearing Exam­ not be possible for him to proceed to sought by Oxbow; and iner after consultation with all parties. Washington, D.C., for the hearing;. It further appearing, that the ground Issued: February 14, 1968. It appearing further, in light of peti­ stated for the requested relief constitutes tioner’s showing, that it is appropriate to “good Cause for the requested relief” : Released: February 14, 1968. hold hearings on his application in the Accordingly, it is ordered, That the Federal Communications vicinity of his residence; however, this “Petition for Change in Hearing Date” Commission, will be one of several proceedings which filed February 14, 1968, by Oxbow is [seal] Ben F. W aple, will be conducted in the western states, granted, and that the date for resump­ Secretary. and the designation of a date for com­ tion of hearing is rescheduled from mencement of hearing upon petitioner’s February 29, to March 8, 1968 at 10 a.m., [F.R. Doc. 68-2155; Filed, Feb. 20, 1968; application will be withheld until such in the offices of the Commission, 8:49 a.m.] time as the remaining proceedings afore­ Washington, D.C. mentioned are in readiness for hearing: Issued: February 14,1968. [Docket No. 17243 etc.; FCC 68M-268] It is ordered, That the petition is granted and that hearing in the above- Released: February 15,1968. KITTYHAWK BROADCASTING CORP. entitled proceeding shall be held in Los ET AL. Federal Communications Angeles, Calif., on a date to be later Commission, Order Scheduling Hearing Conference specified. [seal] B en F. W aple, Secretary. In re applications of Kittyhawk Broad­ Issued: February 14, 1968. casting Corp., Kettering, Ohio, et al. for Released: February 14, 1968. [F.R. Doc. 68-2160; Filed, Feb. 20, 1968; construction permits; Docket Nos. 17243, 8:49 a.m.] 17244, 17245, 17246, 17247, 17249, 17250; Federal Communications File No. BP-16603. Commission, [seal] B en F. W aple, [Docket Nos. 18005,18006; FCC 68-140] It is ordered, In light of the current Secretary. caseload of Hearing Examiner H. Gifford WMID, INC., AND ATLANTIC CITY [F.R. Doc. 68-2158; Plied, Feb. 20, 1968; BROADCASTING CO. Irion, the Presiding Officer originally 8:49 a.m.] designated herein, and subject to objec­ Order Designating Applications for tion by any party to the proceeding which may be filed within 5 days of the issuance [Docket No. 17755; FCC 68M-266] Consolidated Hearing on Stated of this order, that Hearing Examiner Issues JOSEPH P. OLIVEIRA Chester F. Naumowicz, Jr., in lieu of In re applications of : WMID, Inc., Hearing Examiner Irion, shall serve as Order Scheduling Hearing Pleasantviile, N.J., Requests: 104.9 me, Presiding Officer in the proceeding: And, In re application of Joseph P. Oliveira, No. 285; 3 kw(H), 3 kw(V); 290 feet, it is further ordered, That a hearing con­ Docket No. 18005, File No. BPH-5958; ference herein shall be convened in the Hollywood, Calif., for amateur radio sta­ tion and general class operator licenses. Leroy Bremmer and Dorothy Bremmer offices of thè Commission, Washington, doing business as Atlantic City Broad­ D.C., on February 23, 1968, at 9 a.m. It is ordered, That hearing in the above-entitled proceeding shall be con­ casting Co.,-Pleasantviile, N.J., Requests: Issued: February 15, 1968. vened on April 8, 1968, in Los Angeles, 104.9 me, No. 285; 3 kw; 169 feet, Docket Calif. No. 18006, File No. BPH-6060; for con­ Released: February 16, 1968. struction permits. Federal Communications Issued: February 15,1968. 1. The Commission^, has under con­ Commission, Released: February 16,1968. sideration the above-captioned and [seal] B en F. W aple, described applications which are mutu­ Secretary. Federal Communications ally exclusive in that operation by the Commission, applicants as proposed would result in [F.R. Doc. 68-2156; Filed, Feb. 20, 1968; [seal] B en F. W aple, 8:49 a.m.] mutually destructive interference. Secretary. 2. Since no determination has yet been [FJt. Doc. 68-2159; Filed, Feb. 20, 1968; reached on whether the antenna pro­ [Docket No. 17755; FCC 68M-256] 8:49 ajn.] posed by Atlantic City Broadcasting Co. would constitute a menace to air naviga­ JOSEPH P. OLIVEIRA [Docket Nos. 17571-17573; FCC 68M-263] tion, an issue regarding this matter is Order Scheduling Field Hearing required. “WHAT THE BIBLE SAYS, INC.,” ^ re application of Joseph P. Oliveira, 3. According to the information'in its Hollywood, Calif., for amateur radio sta- ET AL. application, Atlantic City Broadcasting Co. would require approximately $9,251 T^.anc* ^enera^ class operator licenses Order Rescheduling Hearing to construct and operate the proposed ^ 6 ^kief Hearing Examiner having under consideration a petition on behali In re applications of “What The Bible station for 1 year without revenue. In oi the applicant, filed January 30, 1968, Says, Inc.”, Henrietta, N.Y., Docket No. addition to equipment payments which or field hearing in the above-entitled 17571, File No. BP-17001; Oxbow Broad­ are to be covered by profits from the Proceeding; casting Corp., Geneseo, N.Y., Docket No. existing companion AM station, Atlantic 17572, File No. BP-17399; John B. Weeks, City allots only $2,000 for operational , ^ aPPearing, that by order released Warsaw, N.Y., Docket No. 17573, File No. costs. This amount does not appear to J1» 1968, the hearing in this pro- BP-17400; for construction permits. be adequate, particularly in view of the ding was scheduled to be held in the proposed acquisition of three additional °™ces of the Commission, Washington, The Hearing Examiner having under consideration the “Petition for Change staff members. In addition, Atlantic City on a date to be later specified; in Hearing Date” filed by Oxbow Broad­ relies on existing capital to cover its further, that, according casting Corp. on February 14, 1968, re­ initial outlays. However, Atlantic City a onvf petitioner plans to make questing that the date for the resump­ has failed to segregate cash from ac­ inJh tlal evidentiary showing herein, tion of the hearing in the above counts receivable, and as a result, it is cciuding the presentation of a number of proceeding be changed from the previ­ not possible to determine how much of witnesses who will be called upon to tes- ously scheduled date of February 29, to this amount represents liquid assets upon affninc?ni f rning the violations alleged March 8, 1968; which it can rely. Accordingly, an issue 111111 an? with reference to his It appearing, that the other parties regarding these matters has been speci­ have « rePutation; that he claims to have informally indicated that they will fied. avail.v?11^ limited financial resources interpose no objection to the petition 4. Except as indicated below, the ap­ bie to prosecute his application and that the Examiner’s schedule can plicants are qualified to construct and

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 3244 NOTICES operate as proposed. However, because [Docket No. 17987; FCC 68M-251] commencing on January 20,1968, subject to any future orders of the Commission in of their mutual exclusivity, the Commis­ JOHN DEE YOUNG sion is unable to make the statutory this proceeding. finding that a grant of the applications Order Scheduling Hearing You shall comply with the refunding would serve the public interest; con­ and reporting procedure required by the In the matter of John Dee Young, c/o Natural Gas Act and § 154.102 of the venience, and necessity, and is of the American Radio Association, Room 207, opinion that the applications must be regulations thereunder. The surety bond designated for hearing on the issues set 270 Madison Avenue, New York, N.Y.; shall remain in full force and effect until suspension of Radiotelegraph Second discharged by the Commission. forth below. Class Operator License. 5. It is ordered, That, pursuant to It is ordered, That hearing in the G ordon M. G rant, section 309(e) of the Communications above-entitled proceeding shall be con­ Secretary. Act of 1934, as amended, the applications are designated for hearing in a con­ vened in Philadelphia, Pa., at 1 p.m., Suggested surety bond form: March 11,1968. solidated proceeding, at a time and place Surety B ond to be specified in a subsequent order, Issued: February 13,1968. Know All Men by These Presents: upon the following issues: Released: February 14,1968. That we (Name and address of the natural 1. To determine whether there is a gas company) (hereinafter called “ Princi­ reasonable possibility that the tower Federal Communications pal” ), as Principal, and (Name and address height and location proposed by Atlantic Commission, and place of incorporation of Surety Bond City Broadcasting Co. would constitute [seal] B en F. W aple, Company) (hereinafter called “Surety” ), as Secretary. Surety, are held and firmly bound u n to the a menace to air navigation. Federal Power Commission (Agency o f the 2. To determine (a) whether Atlantic [F.R. Doc. 68-2162;. Filed, Feb. Jb, 1968; United States of America) (hereinafter called City Broadcasting Co. has sufficient 8:50 a.m.] the “Obligee” ) in the sum of (Amount of funds available to it in the form of liquid proposed annual increased rates in dollars) assets or otherwise to finance construc­ for the payment of which well and truly to tion of its proposed station; (b) whether be made, we, the said Principal and th e said it has sufficient funds available from AM FEDERAL POWER COMMISSION Surety, bind ourselves, our heirs, executors, profits or otherwise to cover the amounts administrators, successors, and assigns, [Docket No. RI67-326] jointly and severally, firmly by these presents. found necessary for first-year operation, The condition of this obligation is such and in light of (a) and (b) above DALPORT OIL CORP. ET AL. that: whether Atlantic City Broadcasting Co. Whereas (Name of Respondent), on (Date is financially qualified. Notice of Effectiveness of Proposed of original filing), filed with the Federal 3. To determine, if issues number one Rate Changes and Requiring Filing Power Commission (herein called the Com­ and two are resolved in Atlantic City mission) Supplement N o._____ to R espond­ of Bond To Assure Refund of Excess ent’s FPC Gas Rate Schedule No. — , Broadcasting Co.’s favor, which of the Charges proposals would better serve the public proposing to increase a rate and charge over F ebruary 14,1968. which the Commission has exercised juris­ interest. diction; and 4. To determine in the light of the To the above-named party: In accordance with the provisions of Whereas, by order issued (Suspension order evidence adduced pursuant to the fore­ issuance date.), the Commission suspended going issues, which of the applications the Natural Gas Act and § 154.102 of the the operation of the proposed supplement for construction permit should be regulations thereunder, you have filed, in and ordered a hearing to be held concerning granted. this proceeding, on January 17, 1968, a the lawfulness of the proposed rate, charge, 6. It is further ordered, That the Fed­ motion requesting that the proposed in­ and classification, subject to the Com m is­ eral Aviation Administration is made a creased rate contained in Supplement sion’s jurisdiction, as therein set forth; and Nos. 8, 4, 7, 5, 5, 4, 4, 6, 4, and 4 to by said order the u se of such supplement was party to the proceeding. deferred until (Suspended until date), and 7. It is further ordered, That to avail Dalport Oil Corp. (Operator), et al. (Dal- port) FPC Gas Rate Schedule Nos. 1, 2, until such further time as it is made effective themselves of the opportunity to be in the manner prescribed by the Natural Gas heard, the applicants and party re­ 4, 5, 6, 7, 8, 9, 10, and 11, respectively, Act; and spondent herein, pursuant to § 1.221(c) for sales of gas to El Paso Natural Gas Whereas, a hearing has not been held and of the Commission’s rules, in person or Co. and suspended by the Commission’s this proceeding has not been concluded; and by attorney, shall, within twenty (20) order issued March 22,1967, until August (Name of Respondent), pursuant to th e pro­ 23, 1967, become effective as of January visions of section 4(e) of the Natural Gas days of the mailing of this order, file Act, having on (Date motion filed), filed a with the Commission in triplicate, a 20,1968. This proceeding, which was instituted motion to make the change in rate effective written appearance stating an intention as (Requested effective date); and to appear on the date fixed for the hear­ pursuant to sections 4 and 15 of the Whereas, the Commission, in response to ing and present evidence on the issues Natural Gas Act for the purpose of de­ said motion, on (Date of notice), issued specified in this order. termining the lawfulness of the increased its notice making the rate, charge, and classi­ 8. It is further ordered, That the ap­ rates and charges proposed by you, has fication set forth in the aforesaid Supple­ not been concluded nor has a decision ment N o ._____ to Respondent’s FPC Gas plicants herein shall, pursuant to section Rate Schedule No. ______, effective as of 311(a) (2) of the Communications Act been rendered therein. Take notice that: (Effective date), subject to Respondents of 1934, as amended, and § 1.594 of the The rates, charges and classifications furnishing a bond in the sum of $ ------Commission’s rules, give notice of the set forth in Supplement Nos. 8, 4, 7, 5, 5, satisfactory to the Commission, and requiring hearing either individually or, if feasible that Respondent refund any portion of the 4, 4, 6, 4, and 4 to Dalport’s FPC Gas increased rate and charge found by the Com ­ and consistent with the rules, jointly, Rate Schedule Nos. 1, 2, 4, 5, 6, 7, 8, within the time and in the manner pre­ mission in Docket N o ._____ not justified, 9, 10, and 11, respectively, are effective Now, therefore, if (Name of Respondent), scribed in such rule, and shall advise the as of January 20,1968. its corporate surety (and their heirs, execu­ Commission of the publication of such Within 30 days of the issuance of this tors, administratorsx) , successors and as­ notice as required by § 1.594(g) of the notice you shall execute, in the form set signs, in conformity with the terms an rules. conditions of the notice issued (Date o out below, an acceptable surety bond in notice) by the Federal Power Commission, Adopted: February 7,1968. the amount of $9,600, signed by you and Docket N o ._____ (Name of Respondent), tender it for filing with the Commission. Released: February 15,1968. shall: . j Unless notified to the contrary by the (1) Well and truly repay at such times ana F ederal Communications Secretary of the Commission within 30 in such amounts, to the persons Commission, days from the date of filing, such bonds thereto, and in such manner as may be [seal] B en F. W aple, shall be deemed to be satisfactory and to quired by the final order of the C om m issi Secretary. have been accepted for filing. The effec­ [F.R. Doc. 68-2161; Filed, Feb. 20, 1968; tive rates as set forth in your supple­ i To be included if a noncorporate respond­ 8:50 am .] ments shall be charged and collected ent.

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 NOTICES 3245

in said proceeding, subject to court review poration is $8,362 which cost will be fi­ therefore are consolidated for hearing thereof, any portion of such rate and charge nanced out of working funds. and decision. collected by (Name of Respondent) after (Effective date) as such final order may find The estimated third year peak day and Take notice that in order to provide an not justified, together with interest thereon annual natural gas requirements of expeditious and orderly procedure to fa­ at the rate of seven (7) percent per annum Phelps Dodge are 3,000 Mcf and 467,313 cilitate the hearing, pursuant to section from the date of payment thereof to (Name Mcf, respectively. The application states 1.18 of the Commission’s rules of practice of Respondent) until refunded; and that the direct sale by Gas Company to and procedure, a prehearing conference (2) Comply otherwise with the terms and Phelps Dodge will be made at a rate shall be held before a hearing examiner conditions of the notice issued (Date) in identical to that in effect from time to of the Commission to be designated by Docket No.______and with the provisions of time under El Paso Natural Gas Co.’s the chief examiner. Such conference will the Natural Gas Act relating thereto, Rate Schedule B-2, FPC Gas Tariff, Orig­ be held in a hearing room of the Federal then this obligation shall be terminated, inal Volume No. 1, and the transporta­ Power Commission, 441 G Street NW„ otherwise to remain in full force and effect. tion service by Transportation Corpora­ Washington, D.C., commencing at 10 In witness whereof, the parties hereto have tion will be at rates contained in El Paso am., e.s.t., on February 27, 1968. placed their hands and seals on this Transportation Corp.’s Rate Schedule ______day o f ______Take notice that the hearing in these T -l, FPC Gas Tariff, First Revised Vo­ consolidated proceedings will be held in Attest: lume No. 1. a hearing room of the Federal Power Protests or petitions to intervene may Commission, 441 G Street NW., Wash­ be filed with the Federal Power Commis­ ington, D.C., commencing at 10 a.m., B y ______sion, Washington, D.C. 20426, in accord­ e.s.t., on April 2,1968. Principal ance with the rules of practice and pro­ G ordon M. G rant, cedure (18 CFR 1.8 or 1.10) and the regu­ Secretary. B y ------lations under the Natural Gas Act Surety [F.R. Doc. 68-2104; Filed, Feb. 20, 1968; (§ 157.10) on or before March 13, 1968. 8:45 a.m.] [P.R. Doc. 68-2102; Piled, Feb. 20, 1968; Take further notice that, pursuant to 8:45 a.m.] the authority contained in and subject to the jurisdiction conferred upon the SECURITIES AND EXCHANGE [Docket No. CP68-215] Federal Power Commission by sections 7 and 15 of the Natural Gas Act and the EL PASO NATURAL GAS CO. AND EL COMMISSION Commission’s rules of practice and pro­ [812-2246] PASO GAS TRANSPORTATION CORP. cedure, a hearing will be held without further notice before the Commission on AMERICAN ENTERPRISE DEVELOP­ Notice of Application this application if no protest or petition MENT CORP. F ebruary 14,1968. to intervene is filed within the time re­ Take notice that on January 31, 1968, quired herein, if the Commission on its Notice of Filing of Application for El Paso Natural Gas Co. (Gas Company) own review of the matter finds that a Order grant of the certificate is required by the and El Paso Gas Transportation Corp. F ebruary 15, 1968. (Transportation Corporation), both public convenience and necessity. If a protest or petition for leave to intervene Notice is hereby-given that American whose addresses are Post Office Box 1492, Enterprise Development Corp. ((‘Enter­ El Paso, Tex. 79999, filed in Docket No. is timely filed, or if the Commission on its own motion believes that a formal prise” ) , 200 Berkeley Street, Boston, CP68-215 a joint application pursuant Mass, 02116, a Massachusetts corpora­ to section 7(c) of the Natural Gas Act hearing is required, further notice of such hearing will be duly given. tion, registered as a closed-end nohdiver- for a certificate of public convenience sified, management investment company and necessity authorizing the trans­ Under the procedure herein provided under the Investment Company Act of portation of natural gas for direct sale for, unless otherwise advised, it will be 1940 (“Act” ) has filed an application by Gas Company to Phelps Dodge Copper unnecessary for Applicant to appear or for an order under section 17(d) of the Products Corp. (Phelps Dodge), and au­ be represented at the hearing. Act and Rule 17d-l thereunder, per­ thorizing the construction and operation G ordon M. G rant, mitting Enterprise to purchase certain of a measuring station and the trans­ Secretary. securities of Seattle Cablevision, Inc. portation of natural gas for the account (“Cablevision” ) 1 All interested persons of Phelps Dodge, all as more fully set [FJR. Doc. 68-2103; Filed, Feb. 20, 1968; 8:45 ajn.] are referred to the application which is forth in the application which is on file on file with the Commission, for a state­ with the Commission and open to pub­ ment of the representations made lic inspection. [Docket Nos. CI67-1237, CI67-1238] therein, which are summarized below. The application states that Phelps STAUFFER CHEMICAL COMPANY OF American Research and Development Dodge has requested a supply of natural WYOMING AND UNION PACIFIC Corp. (“Research” ), registered as a gas from Gas Company for utilization closed-end, nondiversified, management ®,J.new rod rowing mill to be located RAILROAD CO. investment company under the Act, owns withm the city of *21 Paso, Tex. Gas Com­ Notice Consolidating Proceedings and 100 percent of the outstanding voting pany will deliver gas to Transportation Fixing Date of Hearing and Pre- stock of Enterprise and also owns 2,500 corporation for the account of Phelps shares (approximately 9 percent' of the Dodge and Transportation Corporation hearing Conference voting securities) of Canadian Enter­ win transport the gas within the city of February 14, 1968. prise Development Corp., Ltd. (“Cana­ ¡7 Paso; Tex., and redeliver such gas Each of the above-captioned dockets dian” ), a Canadian corporation. Cable- milf adiacent to the rod rolling involves an application filed pursuant to vision is a Washington corporation, all section 7 of the Natural Gas Act. Notice of whose outstanding capital stock Specifically, Transportation Corpora- of the filing of each application has been consisting of 600 shares .is owned by on seeks authorization to construct and issued.1 The applications are related and Philip D. Hamlin. Hamlin is not affili­ perate a measuring and regulating sta­ ated with either Enterprise or Canadian. tion at the point of delivery to Phelps 1 See the following table: On January 4, 1968, Enterprise, Cana-v iJoage. Gas Company states that it need dian, and Cablevision negotiated an ' agreement whereby Enterprise and Cana­ ... construct any new facilities to render Notice Federal Publica- w ? ro£osed service. but only seeks au­ Docket No. issued Register tion dian will each purchase from Cablevision thorization to transport natural gas for citation date an 8 l/z percent Subordinated Note due the aforementioned direct sale. January 1, 1973 (“Note” ), for $50,000, The total estimated cost of the pro­ C167-1237____ 3/27/67... 32 F .R . 5621. 4/4/67. the principal amount thereof. In addi­ CI67-1238...... 3/27/67... 32 F .R . 5521. 4/4/67. tion, Enterprise and Canadian will each posed facilities of Transportation Cor­ purchase 200 shares of Cablevision’s

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 3246 NOTICES presently authorized but unissued shares a maximum of 92 shares of common writer for such registered company, or of common stock at a price per share of stock of Cablevision at a price of $380.43 any affiliated person of such person or $287.50. Upon consummation of the per share. Neither Enterprise nor Cana­ principal underwriter, have a joint or a agreement, Cablevision will have 1,000 dian is obligated to provide such capital, joint and several participation in, or shares of common stock outstanding. and any amount declined by one may share in the profits of, such enterprise The possibility of financing Cable- be taken by the other. If Cablevision, or undertaking. vision was brought to the attention during the same period, seeks additional The application states that the pro­ of the Vancouver office of Canadian. Al­ capital in excess of $35,000, Cablevision posed transactions are consistent with though Cablevision is to be an American will offer all its stockholders the right the provisions, policies, and purposes of venture in its initial stages, Canadian to provide such capital on terms no less the Act since Cablevision, a relatively decided to finance part of Cablevision’s favorable than those offered to any non­ new company, has not been able to secure required needs because, among other stockholder. No stockholder is obligated adequate financing from conventional reasons, Cablevision may eventually ex­ to provide such capital and the right is sources^ and that, with the sole exception pand into the nearby Canadian market. given to proportionally take up any of different consulting fees, Enterprise Canadian invited Enterprise to partici­ amount which the others decline. is not participating on a basis different pate on an equal basis in financing By an amendment to the application, from or less advantageous than Cana­ Cablevision. Enterprise has undertaken that neither dian. it nor Canadian will make any additional Notice is futher given that any inter­ Enterprise and Canadian agree that ested person may, not later than Feb­ each is purchasing the note and the investment in Cablevision beyond that permitted by any order issued by the ruary 28, 1968, at 12:30 p.m., submit to shares of common stock for investment the Commission in writing a request for a purposes only and all the parties to this Commission pursuant To this application. Applicant further undertakes that nei­ hearing on the matter accompanied by agreement, -including Hamlin, have en­ a statement as to the nature of his tered into a stock restriction agreement ther it nor Canadian will make any dis­ position of their respective investments interest, the reasons for such request, which in substance, requires that if any and the issues of fact or law proposed of the parties to the agreement proposes in Cablevision which is inconsistent with thé order issued pursuant to this appli­ to be controverted or he may request to sell his stock in Cablevision he must that he be notified -if the Commission give a written offer thereof to all other cation unless Enterprise has given the Commission 30 days advance notice of should order a hearing thereon. Any shareholders and if such other share­ such communication should be ad­ holders do not notify the offeror of an any such proposed investment or dis­ position contemplated and, if requested dressed: Secretary, Securities and Ex­ intent to accept the offer within 15 days change Commission, Washington, D.C. after the receipt of notice from the by the Commission, within such 30-day period has filed an application with the '20549. A copy of such request shall be offeror, the offeror stockholder shall be served personally or by mail (airmail if free for a period of 30 days subsequent Commission for an exemptive order per­ mitting such proposed transactions. the person being served is located more to the expiration of the 15 day period, than 500 miles from the point of mailing) to sell to any other person who agrees to Canadian is an affiliated person of Re­ search by reason of the fact that Re­ upon Enterprise at the address stated be subject to the restrictions under the above. Proof of such service (by affidavit agreement. This agreement further pro­ search owns approximately 9 percent of the voting stock of Canadian; Research or in case of an attorney at law by cer­ vides that Enterprise may sell any part tificate) shall be filed contemporaneously or all of its holdings to any corporation is, in turn, an affiliated person of Enter­ prise because of the fact that Research with the request. At any time after said which owns all of the voting stock of date, as provided by Rule 0-5 of the rules Enterprise or to a wholly owned subsid­ owns 100 percent of the voting stock of Enterprise; therefore, Canadian is an and regulations promulgated under the iary of Enterprise and that Hamlin’s Act, an order disposing of the application holdings may be transferred by gift or affiliated person of an affiliated person of Enterprise. herein may be issued by the Commission bequest or through iriheritance to, or for upon the basis of the information stated the benefit of any member or members Section 17(d) of the Act and Rule in said application, unless an order for of his immediate family and any such 17d-l thereunder, taken together, pro­ hearing thereon shall be issued upon transferee may similarly transfer such vide, among other things, that it shall request or upon the Commission’s own shares. The successor holders of such be unlawful, with certain exceptions not motion. Persons who request a hearing shares will be subject to the terms of the applicable here, for an affiliated person or advice as to whether a hearing is restrictions orr transfer of the shares. of a registered investment company or -ordered, will receive notice of further Neither the notes nor the common any affiliated person of such a person, developments in this matter, including stock of Cablevision is presently regis­ acting as principal, to participate in, or the date of the hearing (if ordered) and effect any transaction in connection with tered under the Securities Act of 1933 any postponements thereof. although Cablevision has agreed that any joint enterprise or arrangement in if at any time prior to January 1, 1973, which any such registered company, or a For the Commission (pursuant to it registers its securities under the Secur­ company controlled by such registered delegated authority) ities Act, Enterprise and Canadian may company, is a participant unless an ap­ [ seal] O rval L. DuBoiS, require that Cablevision use its best plication regarding such arrangement Secretary. has been granted by the Commission, efforts to register the common stock [F.R. Doc. 68-2115; Filed, Feb, 20, 1968; held by Enterprise and Canadian at their and that, in passing upon such an appli­ expense. The agreement of purchase cation, the Commission will consider 8:46 a.m.] further provides that Enterprise and whether the participation of such reg­ Canadian enter into separate consulting istered company or controlled company [811-1261] agreements with Cablevision, the annual in such arrangement is consistent with fees therefor to be $1,500 and $6,500 the provisions, policies, and purposes of ASCUTNEY FUND, INC, respectively, the difference reflecting the the Act and the extent to which such Notice of Filing of Application for particpiation is on a basis different from anticipation that Canadian will render Order To Declare That Company considerably more consulting services to or less advantageous than that of other Cablevision than will Enterprise because participation is on a basis different from Has Ceased To Be Investment of the proxfinity in location of Canadian rangement as used in Rule 17d-l is de­ Company “ . ■ 1Qfia to Cablevision. fined as any written or oral plan, con­ F ebruary 15,19°ö- The agreement, also provides that if tract authorization or arrangement, -or Notice is hereby given that an appli­ Cablevision, prior to January 1, 1973, any practice or understanding concern­ cation has been filed pursuant to seen seeks additional capital up to a maxi­ ing an enterprise or undertaking where­ 8(f) of the Investment Company Act oi mum of $35,000 Cablevision will offer to by a registered investment company or 1940 (“Act” ) by Ascutney Fun4,.^J. Enterprise and Canadian the opportunity a controlled company thereof and any (“Ascutney” ) , 225 Franklin Str > for equal participation in exchange for affiliated person of or a principal under­ Boston, Mass. 02110, a Massachusetts

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 NOTICES 3247

corporation registered as a management the issues of fact or law proposed to be open-end diversified investment com­ controverted, or he may request that he INTERSTATE COMMERCE pany under the Act, for an order de­ be notified if the Commission shall order claring that Ascutney has ceased to be a hearing thereon. Any such communi­ an investment company as defined in the cation should be addressed: Secretary, COMMISSION Act. All interested persons are referred Securities and Exchange Commission, [No. 34917] to the application on file with the Com­ Washington, D.C. 20549. A copy of such ASSOCIATED TRUCK LINES, INC., mission for a statement of Ascutney’s request shall be served personally or by ET AL. represenations which are summarized mail (airmail if the person being served below. is located more than 500 miles from the Declaratory Order; Spacer Clamps On June 12, 1967, pursuant to share­ point of mailing) upon Ascutney at the holder approval, all of the assets of address set forth above. Proof of such F ebruary 13, 1968. Ascutney were sold to Loomis-Sayles service (by affidavit or in case of an Notice is hereby given that Associated Mutual Fund, Inc. (“Loomis” ) a n open- attorney"At law by certificate) shall be Truck Lines, Inc., and Saginaw Trans­ end management investment company filed contemporaneously with the re­ fer Co., Inc., by their attorney, Rex also registered under the Act, in ex­ quest. Air any time after said date, as Eames, Eames, Petrillo, Wilcox, and Nel­ change for shares of capital stock of provided by Rule 0-5 of the rules and son, 900 Guardian Bldg., Detroit, Mich. Loomis having an aggregate net asset regulations promulgated under the Act, 48226, have filed a petition with the In­ value equal to the value of the assets an order disposing of the application terstate Commerce Commission praying transferred to Loomis. All known liabili­ herein may be issued by the Commission that the Commission enter a declaratory ties of Ascutney have been paid and the upon the basis of the information stated order, pursuant to section 5(d) of the remaining assets of Ascutney, consisting in said application, unless an order for Administrative Procedure Act, deter­ of shares of Loomis and cafch to be deli­ hearing upon said application shall be mining the applicable classification rat­ vered to Ascutney’s shareholders in lieu issued upon request or upon the Com­ ing under the National Motor Freight of fractional shares of Loomis (amount­ mission’s own motion. Persons who Classification for an article, described in ing to $3,076.46) have been delivered to request a hearing or advice as to whether the petition as “plastic conduit spacer Old Colony Trust Co., Post Office Box a hearing is ordered will receive notice clamps.” 1926, Boston, Mass. 02105, liquidating of further developments in this matter, Any persons interested in any of the agent for distribution pro rata to Ascut­ including the date of the hearing (if matters in the petition, may, on or be­ ney’s shareholders against surrender of ordered) and any postponements fore 30 days from the publication of this their shares of capital stock of Ascutney. thereof. notice in the Federal R egister, file re­ As of December 12, 1967,. a total of 61 plies to the petition supporting or oppos­ For the Commission (pursuant to dele- ing the determination sought. An origi­ shareholders holding 7,369 shares of As­ gated authority). cutney’s capital stock had not exchanged nal and 15 copies of such replies must be their shares for shares of Loomis. In [ seal] O rval L. D uB ois, filed with the Commission and must December 1967 notices were sent by Old ’ Secretary. show service of two copies upon the peti­ Colony Trust Co. to all shareholders at [F.R. Doc. 68-2116; Filed, Feb. 2Q, 1968; tioners’ attorney at the above address. their address appearing on the stock 8:46 a.m.] Notice of the filing of this petition will transfer records advising them that they be given by publication in the Federal were entitled to receive 1.9846683 shares R egister. [File No. 1-5215] of Loomis for each share of Ascutney [ seal] s H. Neil G arson, held and requesting that the holders of ROTO AMERICAN CORP. Secretary. unexchanged shares surrender their Order Suspending Trading [F.R. Doc. 68-2140; Filed, Feb. 20, 1968; certificates. Upon issuance of this notice 8:48 a.m.] of filing, Ascutney will send to each F ebruary 15,1968. shareholder who has not exchanged his shares of Ascutney for shares of Loomis The common stock, $1 par value, of [Notice 486] a further notice requesting surrender Roto American Corp., being listed and of his shares of Ascutney in exchange registered on the National Stock Ex­ MOTOR CARRIER ALTERNATE ROUTE for shares of Loomis, and such notice will change pursuant to the provisions of the DEVIATION NOTICES Securities Exchange Act of 1934 and the be accompanied by a copy of this notice F ebruary 16, 1968. of the Commission. Old Colony Trust Co. 7 percent cumulative preferred, $10 par will continue to act as liquidating agent value, being traded otherwise than on a The following letter-notices of propos­ and will effect such exchanges upon sur­ national securities exchange; and als to operate over deviation routes for render of share certificates by remain­ It appearing to the Securities and operating convenience, only have been ing shareholders of Ascutney, subject to Exchange Commission that the summary filed with . the Interstate Commerce the provisions of applicable abandoned suspension of trading in such securities Commission, under the Commission’s Property laws. Ascutney represents that on such exchange and otherwise than Deviation Rules Revised, 1957 (49 CFR it has ceased to be an investment com- on a national securities exchange is 211.1(c)(8)) and notice thereof to all pa7 / s that term is defined in the Act required in the public interest and for interested persons is hereby given as and does not propose to engage in the the protection of investors: provided in such rules (49 CFR usiness of an investment company. It is ordered, Pursuant to sections 211.1(d) (4)). Section 8(f) of the Act provides that 15(c) (5) and 19(a) (4) of the Securities Protests against the use of any pro­ posed deviation route herein described a ®n j™® Commission, upon application, Exchange Act of 1934, that trading in nnqs that a registered investment com­ such securities on the National Stock may be filed with the Interstate Com­ pany has ceased to be an investment Exchange and otherwise than on a merce Commission in the manner and ^ shall so declare by order, national securities exchange be sum - form provided in such rules (49 CFR manly suspended, this order to be effec­ 211.1(e)) at anytime, but will not nr,? upon the effectiveness of such operate to stay commencement of the ev.0?ir’ registration of such company tive for the period February 16, 1968, shall cease to be in effect. through February 25, 1968, both dates proposed operations unless filed within inclusive. 30 days from the date of publication. is further given that any inter- Successively filed letter-notices of the may’ not later than By the Commission. same carrier under the Commission’s J* 1968, at 5:30 p.m„ submit to Deviation Rules Revised, 1957, will be a v, ^^uuisslon in writing a request for [ seal] O rval L. D uBois, Secretary. numbered consecutively for convenience a on matter accompanied by in identification and protests if any in w S “ ltnt as the nature of his [FJR. Doc. 68-2117; Filed, Feb. 20, 1968; should refer to such letter-notices by merest, the reason for such request, and 8:46 ajtxi.] number.

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 3248 NOTICES

M otor Carriers of P roperty Hollis, Okla., over U.S. Highway 62 to over Interstate Highway 5 to Arbuckle), Muskogee, Okla.r and (3) from McAl- and (16) from Arbuckle over Interstate No. MC 1074 (Deviation No. 5), AL­ ester, Okla., over U.S. Highway 69 to Highway 5 to junction unnumbered high­ LEGHENY FREIGHT LINES, INCOR­ Vinita, Okla., and return over the same way (Arbuckle Junction), and return PORATED, Post Office Box 601, Win­ routes. over the same routes, for operating con­ chester, Va. 22601, filed February 8, 1968. venience only. The notice indicates that Carrier proposes to operate as a com­ M otor Carriers of P assengers the carrier is presently authorized to mon carrier, by motor vehicle, of gen­ No. MC 1515 (Deviation No. 429) transport passengers and the same prop­ eral commodities, with certain excep­ (Cancels Deviation No. 336), GREY­ erty, over a pertinent service route as tions, over a deviation route as follows: HOUND LINES, INC. (Western Divi­ follows: From Winchester, Va., over Interstate sion) , Market and Fremont Streets, San From the point where Interstate High­ Highway 81 to junction Interstate High­ Francisco, Calif. 94106, filed February 6, way 5 intersects the Oregon-Califomia way 70 at or near Hagerstown, Md., 1968. Carrier’s representative: W. T. State line, over Interstate Highway 5 to thence over Interstate Highway 70 to Meinhold, 371 Market Street, San Fran­ junction U.S. Highway 99 (North Horn- junction Interstate Highway 76, at or cisco, Calif. 94105. Carrier proposes to brook Junction), thence over U.S. High­ near Breezewood, Pa., thence over In­ operate as a common carrier, by motor way 99 to junction unnumbered highway terstate Highway 76 to Pittsburgh, Pa., vehicle, of passengers and their baggage, (North Mount Shasta Interchange), and return over the same route, for op­ and express and newspapers, in the same thence over' unnumbered highway to erating convenience only. The notice in­ vehicle with passengers, over deviation junction Interstate Highway 5 (Castle dicates that the carrier is presently au- routes as follows: (1) From junction un­ Lake Junction), thence over Interstate horized to transport the same commod­ numbered highway and Interstate High­ Highway 5 to junction U.S. Highway 99 ities, over a pertinent service route as way ~5 (North Mount Shasta Inter­ (Mott Junction), thence over'U.S. High­ follows: From Winchester, Va., over U.S. change) over Interstate Highway 5 to way 99 to junction unnumbered highway Highway 50 to junction West Virginia junction unnumbered highway (Castle (Dunsmuir), thence over unnumbered Highway 26 at Fellowsville, W. Va., Lake Junction), (2) from junction un­ highway to junction Interstate Highway thence north over West Virginia High­ numbered highway and Interstate High­ 5 (Castle Crags Junction), thence over way 26 to junction West Virginia High­ way 5 (Dunsmuir) over Interstate High­ Interstate Highway 5 to junction U.S. way 7 at or near Kingwood, W. Va., way 5 to junction unnumbered highway Highway 99 (North Shotgun Creek Junc­ thence over West Virginia Highway 7 to (Castle Crags Junction), (3) from junc­ tion) , thence over U.S. Highway 99 to junction U.S. Highway 19 to Westover, tion unnumbered highway and Inter­ junction Interstate Highway 5 (Sacra­ W. Va., thence over U.S. Highway 19 to state Highway 5 (South Antlers Junc­ mento River Bridge), thence over Inter­ Pittsburgh, Pa., and return over the tion), over Interstate Highway 5 to state Highway 5 to junction unnumbered same route. junction unnumbered highway (North highway (South Antlers Junction), No. MC 1124 (Deviation No. 28), O’Brien Junction), (4) from junction thence over unnumbered highway to HERRIN TRANSPORTATION—COM­ Business Loop Interstate Highway 5 and junction U.S. Highway 99 (North O’Brien PANY, Post Office Box 1440, Houston, Interstate Highway 5 (North Redding Junction), thence over ILS. Highway 99 Tex. 77001, filed February 5, 1968. Car­ Interchange) over Interstate Highway 5 - to junction Interstate Highway 5 (Pit rier proposes to operate as a common to junction Business Loop Interstate River Bridge), thence over Interstate carrier, by motor vehicle, of general Highway 5 (South Anderson Inter­ Highway 5 to junction Business Loop commodities, with certain exceptions, change), (5) from junction Business Interstate Highway 5 (North Redding over a deviation route as follows: From Loop Interstate Highway 5 and Interstate Interchange), thence over Business Loop West Memphis, Ark., over Interstate Highway 5 (North Redding Interchange) Interstate Highway 5 to junction Inter­ Highway 40 to junction Arkansas High­ over Interstate Highway 5 to Redding, state Highway 5 (South Anderson Inter­ way 17 near Brinkley, Ark., thence over Calif., (6) from Redding, Calif., over In­ change) , thence over Interstate Highway Arkansas Highway 17 to junction U.S. terstate Highway 5 to junction Business 5 to junction unnumbered highway Highway 79, thence over U.S. Highway Loop Interstate Highway 5 (South An­ (North Cottonwood Junction), thence 79 to 3 miles Clarendon, Ark., and return derson Interchange), (7) from Anderson, over unnumbered highway to junction over the same route, for operating con­ Calif., over Interstate Highway 5 to Interstate Highway 5 (South Cottonwood venience only. The notice indicates that junction Business Loop Interstate High­ Junction), thence over Interstate High­ the carrier is presently authorized to way 5 (South Anderson Interchange). way 5 to junction unnumbered highway transport the same commodities, over a (8) From junction unnumbered high­ (North Red Bluff Interchange), thence pertinent service route as follows: From way and Interstate Highway 5 (North over unnumbered highway to junction West Memphis, Ark., over Interstate Cottonwood Junction) over Interstate U.S. Highway 99-W (South Willows Junc­ Highway 40 to Lehi, Arki, thence over Highway 5 to junction unnumbered high­ tion) , thence over U.S. Highway 99-W to U.S. Highway 79 to Clarendon, Ark., and way (South Cottonwood: Junction), (9) junction unnumbered highway (Soutn return over the same route. from junction unnumbered highway and Williams Junction) . thence over unnum­ No. MC 42405 (Deviation No. 4), MIS­ Interstate Highway 5 (North Red Bluff bered highway to junction U.S. Highway TLETOE EXPRESS SERVICE, 111 Interchange) over Interstate Highway 5 99-W (Arbuckle Junction), thence over North Harrison, Oklahoma City, Okla. to junction unnumbered highway (South U.S. Highway 99-W to junction Cali­ 73104, filed February 6, 1968. Carrier’s Willows Junction), (10) from junction fornia Highway 16 (West Woodland), representative: Max G. Morgan, 450 unnumbered highway and Interstate thence over California Highway 16 American National Building, Oklahoma Highway 5 (North Red Bluff Inter­ junction California Highway 113 (Wood­ City, Okla. 73102. Carrier proposes to change) over Interstate Highway 5 to land) , thence over California Highway operate as a common carrier, by motor junction unnumbered highway (South 113 to junction Interstate Highway vehicle, of general commodities, with Red Bluff Interchange), (11) from junc­ (South Woodland Junction). (Connect certain exceptions, over a deviation route tion unnumbered highway and Interstate with Oregon Route 14.) . as follows: From Tulsa, Okla., over the Highway 5 (South Red Bluff Inter­ No. MC 1515 (Deviation No. Broken Arrow Expressway (using appro­ change) over Interstate Highway 5 to GREYHOUND LINES, INC. (Eastern priate ingress and egress routes) to junc­ Coming, Calif., (12) from Coming, Calif., Division), 1400 West Third Street, Cleve­ tion Oklahoma Highway 51, thence over over Interstate Highway 5 to Orland, land, Ohio 44113, filed February 8, 1»°°; Oklahoma Highway 51 to Wagoner, Calif., (13) from Orland, Calif., over In­ Carrier proposes to operate as a comvJ' . Okla., and return over the same route, for terstate Highway 5 to Willows, Calif., carrier, by motor vehicle, of passeng operating convenience only. The Tnotice (14) from junction unnumbered highway and their baggage, and express and ne™~ indicates that the carrier is presently and Interstate Highway 5 (South Wil­ papers in the same vehicle with Pa5S (.. authorized to transport the same com­ liams Junction), over Interstate High­ gers, over deviation routes as follows. modities, over pertinent service routes way 5 to junction unnumbered highway From junction U.S. Highway 30 . as follows: (1) From Tulsa, Okla., over (Arbuckle Junction), (15) from junction U.S.B.R. (Business Route) 30 approx " U.S. Highway 64 to junction U.S. High­ unnumbered highway and Interstate mately four miles east of Downingto * way 62, near Yahola, Okla,, (2) from Highway 5 (South Williams Junction), Pa., over U.S. Highway 30 to junction

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 NOTICES 3249

U.S.B.R. 30 approximately 1 mile west of just east of Kings Mountain, N.C., (3) cisco, Calif., over U.S. Highway 40 to Sadsburyville, Pa., (2) from junction U.S. from Charlotte, N.C., over Interstate Sacramento, Calif., thence over Califor­ Highway 30 and Pennsylvania Highway Highway 85 to Gastonia, N.C., (4) from nia Highway 16 to Woodland, Calif., 340 approximately 1 mile east of Lan­ Charlotte, N.C., over Interstate Highway thence over U.S. Highway 99-W to Red caster, Pa., over U.S. Highway 30 to 85 to junction unnumbered access road Bluff, Calif., thence over U.S. Highway junction Pennsylvania Highway 340 ap­ about two miles east of Gastonia, N.C. 99 to Seattle, Wash., and return over the proximately four miles west of Lancaster, (thence over unnumbered access road to same route. Pa., and (3) from Lancaster, Pa., over Gastonia, N.C.), (5) from Charlotte, No. MC 114271 (Deviation No. 4) (Can­ Pennsylvania Highway 501 to junction N.C., over Interstate Highway 85 to junc­ cels Deviation No. 3), CONTINENTAL U.S. Highway 30, and return over the tion North Carolina Highway 273, thence CRESCENT LINES, INC., Post Office same routes, for operating convenience over North Carolina Highway 273 (an Box 4107, Alexandria, La. 71301, filed only. The notice indicates that the car­ access road) to Belmont, N.C., (6) from February 6, 1968. Carrier proposes to rier is presently authorized to transport Belmont, N.C., over North Carolina High­ operate as a common carrier, by motor passengers and the same’property, over a way 273 (an access road) to junction vehicle, of passengers and their baggage, pertinent service route as follows^, from Interstate Highway 85, thence over In­ and express and newspapers in the same Ardmore, Pa., over U.S. Highway 30 via terstate Highway 85 to junction South vehicle with passengers, over deviation Paoli, Pa., to junction U.S.B.R. (Busi­ Carolina Highway 198, thence over South routes as follows: (1) From Chattanooga, ness Route) 30 thence over U.S.B.R. via Carolina Highway 198 (an access road) Tenn., over Interstate Highway 24 to Coatesville, Pa., to junction U.S. High­ to Blacksburg, S.C., (7) from Belmont, junction Interstate Highway 59, thence way 30, thence over U.S. Highway 30 to N.C., over North Carolina Highway 273 over Interstate Highway 59 to junction junction Pennsylvania Highway 340, (an access road) to junction Interstate Georgia Highway 143, (2) from Nash­ thence over Pennsylvania Highway 340 Highway 85, thence over Interstate ville, Tenn., over Interstate Highway 65 via Lancaster, Pa., to junction U.S. High­ Highway 85 to junction U.S. Highway to junction Tennessee Highway 7, thence way 30 approximately one mile west of 74, (8> from Belmont, N.C., over North over Tennessee Highway 7 to the Ten- Mountville, Pa., thence over U.S. High­ Carolina Highway 273 (an access road) nessee-Alabama State line, thence over way 30 via York, Gettysburg and Cham- to junction Interstate Highway 85, Alabama Highway 92 to junction Ala­ bersburg, Pa., to junction unnumbered thence over Interstate Highway 85 to bama Highway 53, thence over Alabama highway near McConnellsburg, Pa., Gastonia, N.C. Highway 53 to Huntsville, Ala., and (3) thence over unnumbered highway via (9) From Belmont, N.C., over Northfrom junction Interstate Highway 65 McConnellsburg, Pa./ to junction U.S. Carolina Highway 273 (an access road) and Tennessee Highway 50-A over Ten­ Highway 30, thence over U.S. Highway to junction Interstate Highway 85, thence nessee Highway 50-A to Lewisburg, 30 to junction unnumbered highway ap­ over Interstate Highway 85 to junction Tenn., and return over the same routes, proximately two miles southeast of La- unnúmbered access road about 2 miles for operating convenience only. The no­ trobe.Pa., thence over unnumbered high­ east of Gastonia, N.C., thence over un­ tice indicates that the carrier is pres­ way to Latrobe, Pa., and return over the numbered access road to Gastonia, N.C., ently authorized!, to transport passengers same route. (10) from Gastonia, N.C., over Inter­ and the same property, over pertinent No. MC 2072 (Deviation No. 1), LAKE state Highway 85 to junction South Caro­ service routes as follows: (1) From One- SHORE SYSTEM, INC, 714 East Broad lina Highway 198, thence over South onta, Ala., over Alabama Highway 75 Street, Columbus, Ohio 43215, filed Feb­ Carolina Highway 198 (an access road) (portions formerly Alabama Highways ruary 5,1968. Carrier proposes to operate to Blacksburg, S.C., (11) from Gastonia, 32 and 110) via Horton, Albertville, as a common carrier» by motor vehicle, N.C., over Interstate Highway 85 to junc­ Rainesville, and Henagar, Ala., to the of passengers and their baggage, and tion U.S. Highway 74, and (12) from Alabama-Georgia State line (approxi­ express, and newspapers in the same ve­ junction Interstate Highway 85 and U.S. mately 8 miles north of Ider, Ala.), hicle with passengers, over a deviation Highway 74 over Interstate Highway 85 thence over Georgia Highway 143 (for­ route as follows: From junction Ohio to junction South Carolina Highway 198, merly unnumbered Dade County, Ga., Highway 440 and Interstate Highway thence over South Carolina, Highway 198 highway), to-Trenton, Ga., thence over <0, approximately 1 mile east of Browns­ (an access road) to Blacksburg, S.C., and U.S. Highway 11 to Chattanooga, Tenn. ville, Ohio, over Interstate Highway 70 return over the same routes, for operat­ (also from Rainesville, Ala., over un­ to junction Interstate Highway 71, lo­ ing convenience only. The notice indi­ numbered county highway via Sylvania, cated within the city limits of Columbus, cates that the carrier is presently au­ Ga., to Henagar), and (2) from Nash­ Ohio, and return over the same route, for ville, Tenn., over Alternate U.S. Highway thorized to transport passengers and the 31 to Lewisburg, Term., thence over Ten­ operating convenience only. The notice same property, over a pertinent service indicates that the carrier is presently route as follows: From Charlotte, N.C., nessee Highway 50 (now U.S. Highway authorized to transport passengers and over U.S. Highway 74 via Belmont and 431) to Fayetteville, Tenn., thence over the same property, over a pertinent serv­ U.S. Highway 431 to Huntsville, Ala., Gastonia, N.C., to Kings Mountain, N.C., and return over the same routes. ice route as follows: From Wheeling, W. thence over North Carolina Highway 216 J b °v?r U.S. Highway 40 to junction to junction U.S. Highway 29, thence over By the Commission. ^nio Highway 440 (formerly U.S. High­ U.S. Highway 29 via Grover, N.C., to the [seal] H. Neil G arson, l y 40), east of Brownsville, Ohio, North Carolina-South Carolina State Secretary. £.«nCTT °ver Ohio Highway 440 to junc- line, thence over South Carolina High­ «on u.S. Highway 40, thence over U.S. way 198 to Blacksburg, S.C., and return [F.R. Doc. 68-2141; Filed, Feb. 20, 1968; Highway 40 to Columbus, Ohio, and re­ over the same route. 8:48 a.m.] turn over the same route. No. MC 89037 (Deviation No. 5), CON­ tMC 16599 (Deviation No. 4), TINENTAL PACIFIC LINES, INC., 1501 [Notice 1151] nffi?E » CITY COACH COMPANY, Post South Central Avenue, Los Angeles, U°x 2387, Charlotte, N.C. 28201, Calif. 90021, filed February 9, 1968. Car­ MOTOR CARRIER APPLICATIONS AND tn H.C., over Interstate and the same property, over a pertinent filed by applicant, and may include de­ Highway 85 to junction' U.S. Highway 74, service route as'follows: From San Fran­ scriptions, restrictions, or limitations

No. 36------6 FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 3250 NOTICES which are not in a form acceptable to during which period any proper party routes, in vehicles equipped with me­ the Commission. Authority which ulti­ in interest may file a petition to reopen chanical refrigeration, of (1) (a) frozen mately may be granted as a result of or for other appropriate relief setting foods, fresh and cured meats, and (b) the applications here noticed will not forth in detail the precise manner in commodities, the transportation of necessarily reflect the phraseology set which it has been so prejudiced. which is partially exempt pursuant to forth in the application as filed, but also No. MC 95540 (Sub-No. 702) (Repub­ the provisions of section 203(b)(6) of will eliminate any restrictions which are lication), filed June 21, 1967, published the Interstate Commerce Act, when not acceptable to the Commission. F ederal R egister issues of July 7, 1967, moving in the same vehicle and at the November 22, 1967, and republished this same time with the commodities de­ A pplications A ssigned for Oral scribed in (a) above, from points in H earing issue. Applicant: WATKINS MOTOR LINES, INC., 1120 West Griffin Road, California, to points in Oregon, Wash­ motor carriers of property Lakeland, Fla. 33802. Applicant’s repre­ ington, and Idaho, (2) canned goods No. MC 117344 (Sub-No. 186) sentative: Bill R. Davis, Suite 1600, FirSt (except meats, cream, and cream sub­ (Amendment) filed January 15, 1968, Federal Building, Atlanta, Ga. 30303. In stitutes), from» points in California, to points in Oregon and Washington, (3) published in the F ederal R egister of the above-entitled proceeding an order February 1, 1968, and republished as of the Commission, Division 1, acting as canned meats, from points in California, amended this issue. Applicant: THE an Appellate Division dated January 31, to points in Idaho. MAXWELL CO., a corporation, 10380 1968, and served February 8, 1968, finds (4) (a) meats, and meat products, Evendale Drive, Cincinnati, Ohio 45215. that a certificate of public convenience and (b) commodities, the transportation Applicant’s representative: James R. and necessity be issued to applicant of which is partially exempt pursuant to Stiverson, 50 West Broad Street, Colum­ authorizing operation, in interstate or the provisions of section 203(b)(6) of bus, Ohio 43215. Authority sought to foreign commerce, as a common carrier the Interstate Commerce Act, when operate a-s a common carrier, by motor by motor vehicle, over irregular routes, moving in the same vehicle and at the vehicle, over irregular routes, transport­ of frozen carnivorous animal feed ma­ same time with the commodities de­ ing: Carbon black, in bulk, in tank- or terials and ingredients, from points in scribed in (4) (a) above, from points in hopper-type vehicles, from points in Alabama, Georgia, Mississippi, North Arizona, to points in Oregon, Washing­ Pleasants County, W. Va., and Belpre, Carolina, and South Carolina, to Golden ton, and Idaho, and (5) cream and cream Ohio, to points in Indiana, Kentucky, Meadow and New Orleans, La., restricted substitutes, in containers, from Gustine, Maryland, Massachusetts, Michigan, to the transportation of traffic originat­ Calif., to points in Oregon and Washing­ New York, Ohio, Pennsylvania, and Vir­ ing at the said origin points; that ap­ ton; that applicant is fit, willing, and plicant is fit, willing, and able properly able properly to perform such service ginia. Note: The purpose of this repub­ and to conform to the requirements of lication is to reflect the proper issues to perform such service and to conform and the hearing information. to the requirements of the Interstate the Interstate Commerce Act and the Commerce Act and the Commission’s Commission’s rules and regulations HEARING: March' 4, 1968, at the thereunder. Because it is possible that Offices of the Interstate Commerce Com­ rules and regulations thereunder. Be­ cause it is possible that other parties, other persons, who have relied upon the mission, Washington, D.C., before notice of the application as published Examiner James A. McKiel. who have relied upon the notice of the application as published, may have an may have an interest in and would be No. MC 25798 (Sub-No. 151) (Repub­ prejudiced by the lack of proper notice lication), filed June 19, 1967, published interest in and would be prejudiced by the lack of proper notice of the au­ of the authority described in the findings F ederal R egister issues of July 7, 1967, in this order, a notice of the authority November 22, 1967, and republished thority described in the findings in this order, a notice of the authority actually actually granted will be published in the this issue. Applicant: CLAY HYDER F ederal R egister and issuance of a cer­ TRUCKING LINES,-* INC., 502 East granted will be published in the F ederal tificate in this proceeding will be with­ Bridgers Avenue, Aubumdale, Fla. 33823. R egister and issuance of a certificate in held for a period of 30 days from the Applicant’s representative: Tony G. this proceeding will be withheld for a date of such publication, during which Russell (same address as applicant). In period of 30 days from the date of such period any proper party in interest may the above-entitled proceeding an order publication, during which period any file a petition to reopen or for other ap­ of the Commission, Division 1, acting as proper party in interest may file a peti­ propriate relief setting forth in detail the an Appellate Division dated January 31, tion to reopen or for other appropriate precise manner in which it has been so relief setting forth in detail the precise 1968, and served February 8, 1968, finds prejudiced. that a certificate of public convenience manner in which it has been so No. Me 117119 (Sub-No. 316) (Repub­ and necessity be issued to applicant au­ prejudiced. lication) , filed December 29, 1965, pub­ thorizing operation, in interstate or for­ No. MC 110098 (Sub-No. 79) (Repub­ lished Federal R egister issues of Janu­ eign commerce, as a common carrier by lication), filed March 7, 1966, published ary 27, 1966, December 6, 1967, and motor vehicle, over irregular routes, of F ederal R egister issues of March 24, republished this issue. Applicant: frozen carnivorous animal feed materials 1966, December 6, 1967, and republished WILLIS SHAW FROZEN EXPRESS, and ingredients, from points in Alabama, this issue. Applicant: ZERO REFRIG­ INC., Elm Springs, Ark. 72728. Appli­ Georgia, Mississippi, North Carolina, ERATED LINES, 815 Merida, Station A, cant’s representative: John H. Joyce, and South Carolina, to Golden Meadow Box 7249, San Antonio, Tex. 78207. 26 North College, Fayetteville, Ark. In and New Orleans, La., restricted to the Applicant’s representative: Donald L. the above-entitled proceeding, the ex­ transportation of traffic originating at Stem, 630 City National Bank Building, aminer recommended the granting to the said origin points; that applicant is Omaha, Nebr. In the above-entitled pro­ applicant a certificate of public con­ fit, willing, and able properly to perform ceeding, the examiner recommended the venience and necessity, authorizing such service and to conform to the re­ granting to applicant a certificate of Deration in interstate or foreign com- quirements of the Interstate Commerce public convenience and necessity, au­ ierce as a common carrier by mo- Act and the Commission’s rules and reg­ thorizing operation in interstate tfr >r vehicle, over irregular routes of, ulations thereunder. Because it is pos­ foreign^commerce as a common carrier le commodities, to, and from points sible that other parties who-have relied by motor vehicle, over irregular routes ibstantially as indicated below. A deci- upon the notice of the application as of, the commodities, to, and from points on and order of the Commission, Re- published, may have an interest in and substantially as indicated below. A ew Board Number 2, dated February o, would be prejudiced by the lack of decision and order of the Commission, )68, and served February 14, 1968, proper notice of thé authority described -Review Board Number 2, dated Febru­ odified, finds that the present ana in the findings in this order, a notice of ary 8,1968, and served February 14, 1968, iture public convenience and necessi y the authority actually granted will be as modified, finds that the present and squire operation by applicant as a co " published in the F ederal R egister and future public convenience and necessity on carrier by motor vehicle, in ini " issuance of a certificate in this proceed­ require operation by applicant as a com­ ate or foreign commerce, over lrregui ing will be withheld for a period of 30 mon carrier by motor vehicle, in inter­ >utes, in vehicles equipped with ™ days from the date of such publication, state or foreign commerce, over irregular lanical refrigeration, of (1) *r0

FEDERAL REGISTER, V O L 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 NOTICES 3251 foods, fresh and cured meats, and (b) ate order thereon. Hearing was held on Cumberland over U.S. Highway 40 to commodities, the transportation of September 11, 1967, at Indianapolis, Ind. Hagerstown, Md., thence over U.S. High­ which is partially exempt pursuant to A report and order of the Commission, way 11 to Harrisburg, Pa., thence over the provisions of section 203 (b> (6) of the Division 1, served December 27, 1967, UJS. Highway 230 to Lancaster, Pa., Interstate Commerce Act, when moving which became effective January 26,1968, thence over U.S. Highway 30 to Phila­ in the same vehicle and at the same time and served February 5,1968, as amended, delphia, Pa., and thence over U.S. High­ with the commodities described in (a) finds that operation by applicant in in- way 1 to New York, and return over the ' above, from points in California to points terstate or foreign commerce as a con- same route. Service is authorized to and in Oregon, Washington, and Idaho, (2) tract carrier by motor vehicle, over ir- from all intermediate points east of canned goods (except meats, cream, and regular routes, of (1) corrugated metal Trenton, N.J., including Trenton. By the cream substitutes) from points in Cali- pipe and corrugated metal sheets, from instant petition, petitioner requests that fomia to points in Oregon and Wash- the plantsite of Kaiser Aluminum & its certificate be modified so as to include ington, (3) canned meats from points in Chemical Corp. at Bedford, Ind., to points the following authority which would California to points in Idaho. in Alabama, Arkansas, Delaware, Florida, make the grant of authority conform to (4) (a) meats and meat products and Georgia, Iowa, Missouri, Mississippi, operations conducted by it on and after (b) commodities, the transportation of Maryland, Michigan, New York, New June 1,1935: which is partially exempt pursuant to Jersey, North Carolina, Pennsylvania, General commodities, except those of the provisions of section 203(b) (6) of the Tennessee, and Wisconsin, and unusual value, and except dangerous ex­ Interstate Commerce Act, when moving (2) Returned shipments of corrugated plosives, livestock, household goods as in the same vehicle and at the same time metal pipes and corrugated metal sheets, defined in Practices of Motor Common with the commodities described in (a) on return, under a continuing contract or Carriers of Household Goods, 17 M.C.C. above, from points in Arizona to points contracts with Kaiser Aluminum & 467, commodities in bulk, commodities in Oregon, Washington, and Idaho, and Chemical Sales, Inc., of Bedford, Ind., will requiring special equipment and those (5) cream and cream substitutes, in con- be consistent with the public interest and injurious or contaminating to other lad­ tainers, from Gustine, Calif., to points the national transportation policy; that ing, over regular routes: From State line in .Oregon and Washington; that ap- the authority herein to be granted to the over U.S. Highway 11 to Harrisburg, and plicanit is fit, willing, and able properly extent that it duplicates any authority return over the same route. From a point to perform such service and to conform now held by applicant shall not be con- on the Maryland-Pennsylvania State line to the requirements of the Interstate strued as conferring more than a single thence over U.S. Highway 522 to its Commerce Act and the Commission’s operation right, and shall not be sever- junction with U.S. Highway 22 at or near rules and regulations thereunder. Be- able by sale or otherwise; and that ap- Mount Union, thence over U.S. High­ cause it is possible that other persons, plicant is fit, willing, and able properly ways 522 and 22 to Lewistown, thence who have relied upon the notice of the to perform the service authorized to con- over U.S. Highways 22 and 322 to Har­ application as published may have an form to the provisions of the Interstate risburg, and return over the same route. interest in and would be prejudiced by Commerce Act and with the Commis- Serving all intermediate points on the the lack of proper notice of the author- sion’s requirements, rules and regulations above described routes and off-route ity described in the findings in this order, thereunder. Because it is possible that points in the counties of Fulton, Frank­ a notice of the authority actually granted other persons who have relied upon the lin, Cumberland, Perry, Juniata, and will be published in the Federal R egister notice of the application as published Mifflin, Pa. Petition is accompanied by and issuance of a certificate in this pro- may have an interest in and would be an application under section 207 of the ceeding will be withheld for a period prejudiced by the lack of proper notice of Act seeking appropriate authority to per­ of 30 days from the date of such publica- the authority described in the findings in form the service, but requests that such tion, during which period any proper this order, a notice of the authority ac- application be dismissed if the relief pafty in interest may file a petition to tually granted will be published in the sought by this petition is granted. Any reopen or for other appropriate relief F ederal R egister and issuance of a per- interested person desiring to participate setting forth in detail the precise man- mit in this proceeding will be withheld may file an original and six copies of his ner in which it has been so prejudiced, for a period of 30 days from the date of written representations, views, or argu­ No. MC 119815 (Sub-No. 8) (Repub- such Publication, during which period ment in support of or against the petition lication), filed April 21, 1967, published any proper party In interest may file a within 30 days from the date of publica­ Federal R egister issue of May 18, 1967, petition to reopen or for other appropri- tion in the F ederal R egister. and republished this issue. Applicant: ate relief setting forth in detail the pre- Applications Under S ections 5 and INTERSTATE HIGHWAY EXPRESS, cise manner in which it has been so 210a (b) INC., 1518 L Street, Bedford, Ind. 4742ll prejudiced. __ Applicant’s representative: Walter F. No. MC 65916 (Notice of filing of peti- The following applications are gov­ Jones, Jr., Chamber of Commerce Build- tion for waiver of rule 1.101(e) and for erned by the Interstate Commerce Com­ mg, Indianapolis, Ind. 46204. By appli- leave to file petition seeking reopening mission’s special’ rules governing notice cation filed April 21,1967, applicant seeks and clarification of “Grandfather” au- of filing of applications by motor car­ a permit authorizing operation, in inter- thority as now described in certificate riers of property or passengers under state or foreign commerce, as a contract dated July 26, 1949), filed January 29, sections 5(a) and 210a(b) of the Inter­ garner by motor vehicle over irregular 1968. Petitioner: WARD TRUCKING state Commerce Act and certain other routes of, culvert pipe and fittings there- CORP., Ward Tower, Altoona, Pa. 16603. proceedings with respect thereto (49 eorrug^d sheets (iron, aluminum, Petitioner’s representatives: Spencer T. CFR 1.240). ana steel) with or without asphalt coat- Money, 411 Park Lane Building, Wash- MOTOR CARRIERS OP PROPERTY th ’ f nd materials and supplies used in ington, D.C. 20006, and Henry M. Wick, No. MC-F-10040. Authority sought for ne installation of the aforementioned Jr., 2310 Grant Building, Pittsburgh, Pa. control by MAWSON & MAWSON, INC., • ^es’ between the plantsite of 15219. Petitioner holds “grandfather” Old Lincoln Highway, Post Office Box at R rifSer Aluminum & Chemical Corp. certificate, dated July 26, 1949, authoriz- 125, Langhome, Pa. 19047, of AL ZEF- on fh Indv on ,^ e one hand, and, ing the transportation of general com- FIRO TRANSFER AND STORAGE, sasn t 1er> pcant's in Alabama, Arkan- modifies (except those of unusual value, INC., Eighth and Meldon Streets, Do- Mi •Wafe’. I^nrida, Georgia, Iowa, dangerous explosives, livestock, house- nora, Pa. 15033, and for acquisition by eanTcr ’ .^ssissiPPL Maryland, Michi- hold goods as defined in Practices of Mo- ROBERT J. DURBIN, also of Lang­ i : ’ JNew York, New Jersey, North Caro- tor Common Carriers of Household home, Pa., of control of AL ZEFFIRO with rr • ^ennsyivania, under contract Goods, 17 M.C.C. 467, commodities in TRANSFER AND STORAGE, INC., Inc. ’TTi1Ser Aluminum & Chemical Sales, • bulk, and those requiring special equip- through the acquisition by MAWSON • the application was referred to ment), over specified routes, the part & MAWSON, INC. Applicants’ attorneys: and t h ^ Jerome Softer for hearing here pertinent, as follows: Between Cum- Wilmer B. Hill, 529 Transportation he recommendation of an appropri- berland, Md., and New York, N.Y.: From Building, Washington, D.C. 20006, and

FEDERAL REGISTER, V O L 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 3252 NOTICES

Maxwell A. Howell, 1120 Investment request that it be held in Washington, mon carrier in all points, in the United Building, Washington, D.C. 20005. Oper­ D.C. States (except Alaska and Hawaii). Ap­ ating rights sought to be controlled: No. MC-F-10041. Authority sought for plication has not been filed for temporary General commodities, excepting among purchase by PASCAGOULA DRAYAGE authority under section 210a(b). Note: others, household goods and commodi­ COMPANY, INC., 706 East Pine Street, Applicants include a motion to dismiss ties in bulk, as a common carrier, over Hattiesburg, Miss. 39401, of a portion of for lack of jurisdiction. regular routes, between Donora, Pa., and the operating rights of WEST No. MC-F-10043. Authority sought for Pittsburgh, Pa., serving certain inter­ BROTHERS, INC., 706 East Pine Street, purchase by RAILWAY EXPRESS mediate and off-route points; general Hattiesburg, Miss. 39401, and for acquisi­ AGENCY, INCORPORATED, 219 East commodities, excepting, among others, tion by H. E. WEST, MICHAEL E. WEST, 42d Street, New York, N.Y. 10017, of the household goods and commodities in both also of Hattiesburg, Miss., and operating rights of RAILWAY EXPRESS 'bulk, over irregular routes, from cer­ VENICE M. WEST, 506 Mamie Street, AGENCY, INCORPORATED, OF CALI­ tain specified points in Pennsylvania, to Hattiesburg, Miss., of control of such FORNIA, 219 East 42d Street, New York, certain specified points in Pennsylvania, rights through the purchase. Applicants’ N.Y. 10017. Applicants’ attorney: James with exception; bulk commodities and representative: W. N. Innis, Post Office C. Ingwersen, 1815 Egbert Avenue, San commodities, the transportation of which Box 1326, Hattiesburg, Miss. 39401. Oper­ Francisco, Calif. 94124. Operating rights because of their size or weight, re­ ating rights sought to be transferred: sought to be transferred: General com­ quire the use of special equipment, and Coffee beans and tea, as a common car. modities, as a common carrier, over reg­ related machinery parts and related Her, over irregular routes, from New ular routes, between Buena Vista, Va., contractors’ machinery and supplies, Orleans, La., to Birmingham, Ala.; and and Lexington, Va., serving no inter­ when their transportation is incidental portable microicave relay stations, in mediate points, between Reno, Nev., and to the transportation by carrier of com­ shipper-owned vehicles, between Merid­ Westwood, Calif., serving the inter­ modities which by reason of size or ian, Miss., on the one hand, and, on the mediate points of Susanville and Janes­ weight require the use of special equip­ other, points in Alabama, Arkansas, ville, Calif.; between Santa Rosa, Calif., ment, except aircraft and missiles and Florida, Georgia, Kentucky, Louisiana, and Sebastopol, Calif.; between Carmel, parts thereof, and materials, equipment, North Carolina, South Carolina, and Calif., and Monterey, Calif.; serving no and supplies used or Useful in mining, Tennessee. Vendee is authorized to oper­ intermediate points, with restrictions; building, highway construction, and ex­ ate as a common carrier in Rhode between Sacramento, Calif.,. and Rio cavation work, between points in Penn­ Island, Massachusetts, New Hampshire, Vista, Calif., serving certain intermediate sylvania, Ohio, Maryland, and West Vir­ Vermont, Maine, New Mexico, Pennsyl­ points, with restrictions; between Santa ginia, within 150 miles of Monongahela, vania, New York, New Jersey, Delaware, Cruz, Calif., and Watsonville Junction, Pa. Connecticut, Mississippi, Tennessee, Calif.; between San Francisco, Calif., and Fresh meats and packinghouse prod­ West Virginia, Alabama, Arkansas, Loui­ San Rafael, Calif.; serving certain inter­ ucts and byproducts, and soap and soap siana, Maryland, Florida, Georgia, Ken­ mediate and off-route points, with re­ products, from certain specified points tucky, Michigan, North Carolina, Okla­ strictions; between Tulare, Calif., and in Pennsylvania, to Weirton, W. Va., and homa, South Carolina, Ohio, Wisconsin, Porterville, Calif.; general commodities, certain specified points in Pennsylvania; Texas, Virginia, North Dakota, South moving in railway express service, be­ prefabricated houses, in pieces or in sec­ Dakota, Nebraska, Kansas, Minnesota, tween Santa Maria and Guadalupe, tions, and heating systems, plumbing Iowa, Missouri, Illinois, Indiana, and the Calif.; milk and cream, processed and equipment, and hardware to be used in District of Columbia. Application has not unprocessed, cheese, ice cream mix, sam­ the erection and completion of such been filed for temporary authority under ples of milk or cream in test tubes, empty houses, from West Newton, Pa., to all section 210a(b). containers for milk and cream, and bag­ points in Delaware, Ohio, West Virginia, No. MC—F—10042. Authority sought for gage, between San Francisco, Calif., and and the District of Columbia, and certain control by RUAN, INCORPORATED, San Rafael, Calif., serving certain inter­ specified points in Maryland, Virginia, Keosauqua Way at Third, Des Moines, mediate and off-route points; milk, and and New York; self-propelled Articles, Iowa 50309, of ELDON MILLER, INC., cream, processed and unprocessed, cream each weighing 15,000 pounds or more, 818 Grant Avenue, Kansas City, Mo. and pot cheese, ice cream mix, samples and related machinery, tools, parts, and 54142, and for acquisition by JOHN of milk and cream in test tubes, empty supplies moving in connection therewith, RUAN, also of Des Moines, Iowa, of con­ containers for milk and cream, and bag­ between points in Pennsylvania, Ohio, trol of ELDON MILLER, INC., through gage, between Tulare, Calif., and Porter­ Maryland, and West Virginia, within 150 the acquisition by RUAN, INCORPO­ ville, Calif., serving certain intermediate miles of Monongahela, Pa., with restric­ RATED. Applicants’ attorney: Henry L. points. tion; bulk commodities, in dump vehicles Fabritz, Post Office Box 855, Des Moines, Baggage and corpses, in coordinated (except fertilizer and fertilizer materials, Iowa 50304. Operating rights sought to motor-rail service, between Santa Cruz, stone, and- stone products, slag, sand, be controlled: Petroleum products, in Calif., and Watsonville Junction, Calif.» gravel, salt, aggretages, clay, ferrous bulk, in tank vehicles, and numerous serving certain intermediate and off- sulphate, and dry feed ingredients), from other specified commodities, as a com­ route points, with restrictions; general Baltimore, Md., to certain specified mon carrier, over regular and irregular commodities, moving in rail or air ex­ points in Ohio, that part of Pennsylvania routes, from, to, and between specified press service, between Sacramento, on and west of U.S. Highway 219, and' points in all points in the United States Calif., to Chico, Calif., serving the inter­ certain specified points in West Virginia; (except Alaska and Hawaii), with cer­ mediate points north of Roseville, Calif., precut and prefabricated buildings and tain restrictions, as more specifically which are stations on the rail lines of the materials, equipment, supplies, fixtures, described in Docket No. MC-92983 and Southern Pacific Co., and the off-route appliances, and accessories used or use­ Sub-numbers thereunder. This notice point of Biggs, Calif., with restrictions; ful in construction, selling or distribution does not purport to be a complete de­ general commodities, moving in express thereof, from the plantsite and related scription of all of the operating rights service, between Salinas, Calif., an“ facilities of Ryan Homes, Inc., located in of the carrier involved. The foregoing Pacific Grove, Calif., serving the inter­ New Beaver Borough, Lawrence County, summary is believed, to be sufficient for mediate points of Del Monte, Calif., and Pa., to certain specified points in Ohio; purposes of public notice regarding the Monterey, Calif., with restrictions; bag­ and commercial carbon pitch, in bulk, in nature and extent of this carrier’s op­ gage and corpses, moving for the account dump vehicles, from Clairton, Pa., to erating rights, without stating, in full, of and under the tariffs of the Southern Catlettsburg, Ky. MAWSON & MAW- the entirety, thereof. RUAN INCOR­ Pacific Co., between Salinas, Calif., ana SON, INC., is authorized to operate as a PORATED, holds no authority from this Pacific Grove, Calif., serving the inter­ common carrier in Pennsylvania, Mary­ Commission. However, its controlling mediate points of Del Monte ana land, New Jersey, Delaware, New York, stockholder owns 100 per cent of the Monterey, Calif., with restrictions; gen- and the District of Columbia. Applica­ stock of RUAN TRANSPORT CORPO­ eral commodities, except household goodi tion has been filed for temporary author­ RATION, Keosauqua Way at Third, Post as defined in Practices of Motor Commo ity under section 210a(b). Note: If a Office Box 855, Des Moines, Iowa 50304, Carriers of Household Goods, 17 M.C.o. hearing is deemed necessary, Applicants which is authorized to operate as a com­ 467, moving in express service, between

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 NOTICES 3253

San Rafael, Calif., and Hamilton Field, than foam, cellular, or expanded), as a motor carrier authorization in interstate Calif., serving no intermediate points; common carrier, over irregular routes, or foreign commerce within the limits of empty chicks and turkey poults, from from Montgomery, Pa., to Columbus and the intrastate authority sought, pursuant Petaluma, Calif., serving no intermediate Broken Bow, Nebr. Restriction: The to section 206(a) (6) of the Interstate points, with restrictions; and general operations authorized above are re­ Commerce Act, as amendecLOctober 15, commodities, including baggage, over stricted to traffic originating at the 1962. These applications are governed by irregular routes, between San Diego, plantsite of Plastic-Vac Corp., at Mont­ Special Rule 1.245 of the Commission’s Calif., and National City, Calif., with gomery, Pa.; glass tubing, from Vine- rules of practice, published in the Fed­ restrictions. Vendee is authorized to op­ land, N.J., to Columbus and Broken Bow, eral R egister, issue of April 11, 1963, erate as a common carrier in all points Nebr. Restriction: The operations au­ page 3533, which provides, among other in the United States (except Alaska and thorized immediately above are restrict­ things, that protests and requests for in­ Hawaii). Application has not been filed ed to traffic originating at the plantsite formation concerning the time and place for temporary authority under section of Owens-Illinois Glass Co. at Vineland, of State Commission hearings or other 210a(b). N.J.; and plastic articles (except foam, proceedings, any subsequent changes No. MC-F-10044. Authority sought for cellular, or expanded), except commod­ therein, and any other related matters control and merger by THE OVERLAND ities in bulk, from Montgomery, Pa., to shall be directed to the State Commission TRANSPORTATION COMPANY, 184 Holdrege, Nebr. Restriction: The service with which the application is filed and Massilon Road, Akron, Ohio 44305, of the authorized herein is restricted to traffic shall not be addressed to or filed with the operating rights and property of LAKE originating at the plantsite of the Interstate Commerce Commission. ERIE CARTAGE, INC., 6900 Hubbard Plastic-Vac Corp. at Montgomery. Vend­ State Docket No. 50002, filed February Avenue, Cleveland, Ohio 44127, and for ee is authorized to operate as a common 2, 1968. Applicant: STERLING TRAN­ acquisition by J. S. PARSHALL, 339 Ely carrier in all points in the United States SIT COMPANY, INC., 833 South Maple Road, Akron, Ohio, of control of such (except Alaska and Hawaii). Application Avenue, Montebello, Calif. Applicant’s rights and property through the trans­ has been filed for temporary authority representative: Donald Murchison, 211 action. Applicants’ attorneys: Jack R. under section 210a (b). South Beverly Drive, Beverly Hills, Calif. Turney, Jr., and Robert R. Redmon, both No. MC-F-10047. Authority sought for Certificate of public convenience and ne­ of 2001 Massachusetts Avenue NW., control by H. B. CORBETT, RALPH A. cessity sought to operate a freight service Washington, D.C. 20036. Operating rights CORBETT, JR., and C. WADE SHEM- as follows: Transportation general com­ sought to be controlled and merged: Un­ WELL, Post Office Box 447, Waskom, modities (except those of unusual value, der a certificate of registration, in Docket Tex., individuals, of SERVICE TRUCK classes A and B explosives, household No. MC-58587 Sub-1, covering the trans­ goods as defined by the Commission, portation of property, as a common car­ LINE», INC., Post Office Box 447, Waskom, Tex. Applicants’ attorney: commodities in bulk, and those requiring rier, in intrastate commerce, within the special equipment), (1) between the State of Ohio. THE OVERLAND TRANS­ Ewell H. Muse, Jr., 415 Perry Brooks Building, Austin, Tex. 78701. Operating San Francisco territory, as described in PORTATION" COMPANY, is authorized Item 270-3 of California Minimum Rate to operate as a common carrier in Ohio, rights sought to be controlled: Liquid glue stock (other than glue stock derived Tariff No. 2, the Los Angeles territory, as North Carolina, South Carolina, Virginia, described in Item No. 270-3 of California West Virginia, and Georgia. Application from petroleum), in bulk, in tank ve­ hicles, as a common carrier, over irreg­ Minimum Rate Tariff No. 2, the San has not been filed for temporary author­ Diego area (described as San Diego, Na­ ity under section 210a(b). Note: No. MC- ular routes, from the plantsite of Chem- bond Corp. at or near Winnfield, La., to tional City, Chula Vista, La Mesa, and El 31435 Sub-7 is a matter directly related. Cajon) and Sacramento, via any and all No. MC-F-10045. Authority sought for points in Arkansas, Alabama, Mississippi, Missouri, Oklahoma, Louisiana, Tennes­ highways including the right to serve all Purchase by BELL LINES, INC., 6414 Mc- points and places on and along and with­ Corkle Avenue SE., Charleston, W. Va., see, and Texas; and glue stock, in con­ tainers, from the plantsite of Chembond in 10 miles laterally of the following of a portion of the operating rights of routes: (a) U.S. Highway No. 99 between CONKEN FREIGHT LINES, INC., 118 Corp. at or near Winnfield, La., to points in Alabama, Mississippi, Missouri, Okla­ Los Angeles and Sacramento, (b) U.S. West Burwell Avenue, Knoxville, Tenn. Highways Nos. 40 and 50 and State High­ Applicants’ attorney; Francis W. Mc- homa, Louisiana, and Tennessee. Restric­ inerny, 1000 16th Street NW., Washing­ tion: The service authorized herein is re­ ways Nos. 24 and 4 between San Fran­ ton» D.C. 20036. Operating rights sought stricted against both tacking and inter­ cisco and Sacramento, (c) State High­ to be transferred: General commodities, lining. H. B. CORBETT, RALPH A. ways Nos. 41 and 198 between the Le- except those of unusual value, classes A CORBETT, JR., nor C. WADE SHEM- moore Naval Air Station and the junction 5jhd B explosives, household goods as de- WEIJi, individually, -hold no authority of said highways with U.S. Highway 99, uhed by the Commission, livestock, com­ from this Commission. However, they (2) between all points and places named modities in bulk, and those requiring control R. A. CORBETT TRANSPORT, in paragraph (1) hereof, on the one special equipment, as a common carrier, INC., Post Office Box 86, 111 West. hand, and, on the other, all points and over irregular routes, between Knoxville, Laurel Street, Lufkin, Tex. 75901, places on, along and within 3 miles later­ lenn., on the one hand, and, on the other, which is authorized to operate as a ally of the following routes: (a) U.S. Points in Lee and Wise Comities, Va. common carrier in Texas, Louisiana, Highway No. 66 between Los Angeles and vendee is authorized to operate as a com- Arkansas, Oklahoma, Missouri, Alabama, San Bernardino, (b) U.S. Highways Nos. on carrier in Indiana, North Carolina, Colorado, Kansas, New Mexico, Florida, 60, 70, and 99 between Los Angeles and west Virginia, Virginia, Ohio, Pennsyl- Georgia, Mississippi, Tennessee, Illinois, Redlands, (c) U.S. Highway No. 60 be­ Kentucky, South Carolina, and Kentucky, and Arizona. Application has tween Los Angeles and Riverside, (d) , c™£an. Application has not been filed not been filed for temporary authority U.S. Highways Nos. 101 and 101 Bypass under section 210a(b). between Los Angeles and Santa Ana, and 210 Q^lporary Authority under section (e) State Highway No. 18, U.S. Highways By the Commission. MC-F-10046. Authority sought for Nos. 91 and 395 between Los Angeles and [ seal] H. Neil G arson, Colton, and (3) -between the Los Angeles A - ™ a^ L b y k RO b l i n r e f r i g e r - RT~~^^p*KESS, INC., 2125 Commercial, Secretary. territory and the San Diego area, on x, 5000, Waterloo, Iowa, of a portion of [FJR. Doc. 68—2142; Filed, Feb. 20, 1968; the one hand, and, on the other, El rights of ROMANS 8:48 am.] Centro, and points within 25 miles of Nph~^ FREIGHT, INC., Broken Bow, El Centro over U.S. Highways Nos. 80, for Acquisition by ALLEN E. 60, and 99. Both intrastate and interstate NOTICE OF FILING OF MOTOR CAR­ authority sought. ’ also of Waterloo, Iowa, of RIER INTRASTATE APPLICATIONS rho!101 a0^ s?ch rights through the pur- HEARING: Not yet assigned for hear­ gxff®- Applicants’ attorney: Donald L. F ebruary 16, 1968. ing. Requests for procedural information, rn, 630 City National Bank Building, The following applications for motor including the time for filing protests con­ to ho *a’ N^ >r’ Operating rights sought common carrier authority to operate in cerning this application should be ad­ transferred: Plastic articles (other intrastate commerce seek concurrent dressed to the California State Public

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 3254 NOTICES

Utilities Commission, State Building, No. MC 52579 (Sub-No. 100 TA), filed 111., Lexington, Ky., Edgewood Arsenal, Civic Center, 455 Golden Gate Avenue, February 12, 1968. Applicant: GILBERT Md., Aberdeen, Md., and Portsmouth and San Francisco, Calif. 94102, and should CARRIER CORP., 1 Gilbert Drive, Se- Yorktown, Va., for 150 days. Supporting not be directed to the Interstate Com­ caucus, N.J. 07094. Applicant’s repre­ shipper: Pyronics Corp., Post Office Box merce Commission. sentative: Aaron Hoffman (same ad­ 8, Hackettstown, N.J. 07840. Send pro­ dress as above). Authority sought to tests to: District Supervisor Robert S. H. By the Commission. operate as a common carrier, by Vance, Interstate Commerce Commis­ [seal] H. Neil G arson, motor vehicle, over irregular routes, sion, Bureau of Operations, 970 Broad Secretary. transporting: Wearing apparel, loose on Street, Federal Building, Room 902, New­ [F.R, Doc. 68-2143; Filed, Feb. 20, 1968; hangers, between Lepanto, Ark., and ark, N.J. 07102. 8:48 a.m.] Philadelphia, Pa., for 150 days. Support­ No. MC 95876 (Sub-No. 82 TA), filed ing shipper: The Villager, Inc., Rich­ February 12, 1968. Applicant: ANDER­ mond and Allegheny Avenue, Philadel­ SON TRUCKING SERVICE, INC., 203 [Notice 551] phia, Pa. 19134. Send- protests to: Cooper Avenue North, Post Office Box MOTOR CARRIER TEMPORARY District Supervisor Walter J. Grossmann, 844, St. Cloud, Minn. 56301. Applicant’s AUTHORITY APPLICATIONS Bureau of Operations, Interstate Com­ representative: Val M. Higgins, 1000 merce Commission, 970 Broad Street, First National Bank Building, Minneap­ F ebruary 16, 1968. Federal Building, Newark, N.J. 07102. olis Minn. 55402. Authority sought to op­ The following are notices of filing of No. MC 52709 (Sub-No. 300 TA), filed erate as a common carrier, by motor ve­ applications for temporary authority un­ February 12, 1968. Applicant: RINGSBY hicle, over irregular routes, transporting: der section 210a(a) of the Interstate TRUCK LINES, INC., 3201 Ringsby Fiberglass and plastic products, from Commerce Act provided for under the Court, Denver, Colo. 80216. Applicant’s New London, Wis., to points in Arkansas, new rules of Ex Parte No. MC 67 (49 representative: Eugene Hamilton (same Connecticut, Delaware, Illinois, Indi­ CFR Part 340), published in the F ederal address as above). Authority sought to ana, Iowa, Kansas, Kentucky, Maine, R egister, issue of April 27,1965, effective operate as a common carrier, by motor Maryland, Massachusetts, Michigan, July 1, 1965. These rules provide that vehicle, over irregular routes, transport­ Minnesota, M issouri' Nebraska, New protests to the granting of an applica­ ing: Meats, meat products, and meat by­ Hampshire, New Jersey, New York, North tion must be filed with the field official products, and articles distributed by meat Dakota, Ohio, Pennsylvania, Rhode Is­ named in the F ederal R egister publica­ packinghouses, as described in sections land, South Dakota, Tennessee, Vermont, tion, within 15 calendar days after the A, B, and C of appendix I to the Report District of Columbia, West Virginia, Wis­ date of notice of the filing of the applica­ in Descriptions in Motor Carrier Certifi­ consin, Virginia, and Texas, for 180 days. tion is published in the F ederal R egister. cates, 61 M.C.C. 209 and 766, from Supporting shipper: Glass Fab, Inc., Post One copy of such protest must be served Greeley, Colo., to points in Connecticut, Office Box 27, 325 East Beckert Road, on the applicant, or its authorized rep­ Delaware, Maryland, Massachusetts, New New London, Wis. 54961. Send protests resentative, if any, and the protests must Jersey, New York, and Pennsylvania, for to: E. C. Sjogren, District Supervisor, certify that such service has been made. 180 days. Supporting shipper: Monfort Bureau of Operations, Interstate Com­ The protests must be specific as to the Packing Co., Box G, Greeley, Colo. 80631. merce Commission, 448 Federal Building, service which such protestant can and Send protests to: District Supervisor and U.S. Courthouse, 110 South Fourth will offer, and must consist of a signed Charles W. Buckner, Interstate Com­ Street, Minneapolis, Minn. 55401. original and six copies. merce Commission, 2022 Federal Build­ No. MC 103993 (Sub-No. 319 TA), filed A copy of the application is on file, and ing, Denver, Colo. 80202. February 13, 1968. Applicant: MORGAN can be examined at the Office of the Sec­ No. MC 61403 (Sub-No. 177 TA), filed DRIVE-AWAY, INC., 2800 West Lexing­ retary, Interstate Commerce Commis­ February 12, 1968. Applicant: The MA­ ton Avenue, Elkhart, Ind. 46514. Appli­ sion, Washington, D.C., and also in the SON AND DIXON TANK LINES, INC., cant’s representative: Ralph H. Miller field office to which protests are to be Eastman Road, Kingsport, Tenn. 37664, (same address as above). Authority transmitted. Mail: Post Office Box 47, Kingsport, sought to operate as a common carrier, Tenn. 37662. Applicant’s representative: by motor vehicle, over irregular routes, M otor Carriers of Property Charles E. Cox (same address as above). transporting: Special purpose trailers de­ No. MC 41635 (Sub-No. 45 TA), filed Authority sought to operate as a common signed to be drawn by passenger auto­ February 12, 1968. Applicant: DEALERS carrier, by motor vehicle, over irregular mobiles, in initial movements, from TRANSPORT COMPANY, 1368 Riverside routes, transporting: Polypropylene pel­ points in Merrimack County, N.H., to Boulevard, Memphis, Tenn. 38124. Appli­ lets, in bulk, in tank or hopper vehicles, points in the United States, for 180 days. cant’s representative: CharlesH. Hudson, from plantsite of Novamont Corp., Neal, Supporting shipper: Mobile Stables for 833 Stahlman Building, Nashville, Tenn. W. Va., to Florence and Northbridge, Horses, Main Road, Stamford, Va. Send Authority sought to operate as a common Mass., and Southampton, Pa., for 150 protests to: District Supervisor J. H. carrier, by motor vehicle, over irregular days. Supporting shipper: Novamont routes, transporting: Automobiles, trucks Corp., Post Office Box 189, Kenova, and buses, as defined in Descriptions in W. Va. Send protests to: J. E. Gamble, Building, Fort Wayne, Ind. 46802. Motor Carrier Certificates, 61 M.C.C. District Supervisor, Interstate Com­ No. MC 103993 (Sub-No. 320 T A ), filed 209 and 766 in secondary movements, in merce Commission, Bureau of Opera­ February 13, 1968. Applicant: MORGAN driveaway and truckaway service, and tions, 803,1808 West End Building, Nash­ DRIVE-AWAY, INC., 2800 West Lexing­ farm type tractors, moving in mixed ville, Tenn. 37203. ton Avenue, Elkhart, Ind. 46514. Appli­ shipments with automobiles and trucks, No. MC 59264 (Sub-No. 42 TA), filed cant’s representative: Ralph H. Miller from points in Caddo and Bossier Par­ February 13, 1968. Applicant: SMITH & (same address as above). Authority ishes, La., to points in Dallas, Kaufman, SOLOMON TRUCKING COMPANY, sought to operate as a common carrier, Ellis, Navarro, Freestone, Limestone How Lane, New Brunswick, N.J. 08902. by motor vehicle, over irregular routes^ Falls, Bell, Williamson, Milam, Robert­ Applicant’s representatives: Zelby & transporting: House boats designed to oe son, Leon, Madison, Brazos, Burleson, Burstein, 160 Broadway, New York, N.Y. drawn by passenger automobiles, in im" Lee, Travis, Washington, Grimes, Walk­ 10038. Authority sought to operate as a tial movements, from points in Salma, common carrier, by motor vehicle, over er, San Jacinto, Montgomery, Harris, County, Kans., to points in the Vnlt Memphis, Tenn. 38103. Ariz., Seneca Army Depot, N.J., Savanna, February 13, 1968. Applicant: MORGAN

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 " 'A NOTICES 3255

DRIVE-AW AY, INC., 2800 West Lexing­ sion, 2224 Federal Building, Salt Lake days. Supporting shipper: Chase Bag Co., ton Avenue, Elkhart, Ind. 46514. Appli­ City, Utah 84111. 309 West Jackson Boulevard, Chicago, cant’s representative: Ralph H. Miller No. MC 111729 (Sub-No. 257 TA>, filed HI. 60606. Send protests to: Harold C. (same address as above). Authority February 9,1968. Applicant: AMERICAN Jolliff, District Supervisor, Interstate sought to operate as a common carrier, COURIER CORPORATION, 222-17 Commerce Commission, Bureau of Op­ by motor vehicle, over irregular routes, Northern Boulevard, DeBevoise Build­ erations, Room 476, 325 West Adams transporting: House bodts designed to be ing, Bayside, N.Y. 11361. Applicant’s rep­ Street, Springfield, 111. 62704. drawn by passenger automobiles, in sec­ resentative: J. Kevin Murphy (same ad­ No. MC 114897 (Sub-No. 76 TA), filed ondary movements, from points in Put­ dress as above). Authority sought to February 12, 1968. Applicant: WHIT­ nam County, Ohio, to points in the operate as a common carrier, by motor FIELD TANK LINES, INC., 300-316 United States, for 180 days. Supporting vehicle, over irregular routes, transport­ North Clark Road, Post Office Box shipper: Mohawk, Ind., 523 Barney ing: 1. Business papers, records, and Drawer 9897,'El Paso, Tex. 79989. Ap­ Street, Salina, Kans., 67401. Send pro­ audit and accounting media of all kinds, plicant’s representative: J. P. Rose tests to: District Supervisor J. H. Gray, (a) between Paducah, Ky., on the one (same address as above). Authority Bureau of Operations, Interstate Com­ hand, and, on the other, points in sought to operate as a common carrier, merce Commission, 308 Federal Building, Alexander, Franklin, Gallatin, Hamil­ by motor vehicle, over irregular routes, Port Wayne, Ind. 46802. ton, Hardin, Jackson, Jefferson, Johnson, transporting: Titanium tetrachloride, in No. MC 105413 (Sub-No. 32 TA), filed Massac, Perry, Pope, Pulaski, Randolph, bulk, in tank vehicles, from Henderson, February 13, 1968. Applicant: PETRO­ Saline, Union, White, and Williamson Nev., to points in Sonoma,. San Mateo, LEUM TRANSPORT SERVICE, INC., Counties, 111., points pi Bollinger, Butler, Contra Costa, Alameda, Napa, San Fran­ Highway 275, Council Bluffs, Iowa 51501. Cape Girardeau, Miss., New Madrid, cisco, Marin, and Solano Counties, Calif., Applicant’s representative: Einar Viren, Perry, Scott, Stoddard, and Wayne for 180 days. Supporting shipper: P. H. 904 City National Bank Building, Counties, Mo., and points in Benton, Car- Norton, Purchasing Agent, Titanium Omaha, Nebr. 68102. Authority sought to roll, Dyer, Gibson, Henry, Lake, Obion, Metals Corp. of America, Post Office Box operate as a common carrier, by motor and Weakley Counties, Tenn. (b) be­ 2128, Henderson, Nev. Send protests to: vehicle, over irregular routes, transport­ tween Cleveland, Ohio, on the one hand, Haskell E. Ballard, District Supervisor, ing: Fertilizers and materials and ingre­ and, on the other, points in Amherst, Interstate Commerce Commission, Bu­ dients, from points in Lancaster County, Appomattox, Bedford, Campbell, Henry, reau of Operations,^ 918 Tyler Street, Nebr., to points in Nebraska, Missouri, Pittsylvania, and Roanoke Counties, Va., Amarillo, Tex. 79101. Kansas, Wyoming, Colorado, and South and points in Forsyth County, N.C. (c) No. MC 118138 (Sub-No. 8 TA), filed Dakota, for 180 days. Supporting ship­ between Sandusky, Ohio, on the one February 13, 1968. Applicant: BENE­ per: Terra Chemicals International, hand, and, on the other, Bloomfield, FIELD BROTHERS, INCORPORATED, Inc., 507 Sixth Street, Sioux City, Iowa Mich. 2. Exposed and processed film and Post Office Box 605, Cullman, Ala. 35055. 51101. Send protests to: District Super­ prints, complimentary replacement film, Applicant’s representative: John S. visor K. p. Kohrs, Interstate Commerce incidental dealer handling supplies and Tucker, Brown Marx Building, Birming­ Commission, 705 Federal Office Building, advertising literature moving therewith ham, Ala. 35203. Authority sought to Omaha, Nebr. 68102. (excluding motion picture film used pri­ operate as a common carrier, by motor No. MC 107002 (Sub-No. 343 TA), filed marily for commercial theater and tele­ vehicle, over irregular routes, transport­ February 12, 1968. Applicant: HEARIN- vision exhibition), between points in ing: Bananas, from New Orleans, La., to MILLER TRANSPORTERS, INC., Post Fairfield County, Conn., on the one hand, Fayette, Ala., for 180 days. Supporting Office Box 1123, U.S. Highway 80 West, and, on the other, points in Worcester shipper: Tanner Brothers, Post Office Jackson, Miss. 39205. Applicant’s repre­ County, Mass. 3. Drugs, narcotics, phar­ Box 474, Tuscaloosa, Ala. 35401. Send sentative: John J. Borth (same address maceuticals, and drug products, between protests to: B. R. McKenzie, District Su­ as above), Authority sought to operate Cleveland, Ohio, on the one hand, and, pervisor, Bureau of Operations, Inter­ as a common carrier, by motor vehicle, on the other, points in Amherst, Ap­ state Commerce Commission, Room 823, over irregular ^ routes, trahsporting: pomattox, Bedford, Campbell, Henry, 2121 Building, Birmingham, Ala. 35203. Nitrogen fertilizer solution, in bulk, in Pittsylvania, and Roanoke Counties, Va., No. MC U9816 (Sub-No. 7 TA), filed tank vehicles, from Eufaula, Ala., to and points in Forsyth County, N.C. 4. February 12, 1968. Applicant: FLEET­ Points in that portion of Georgia lying Vinyl coated fabric samples, restricted LINE, INC., 1984 Oakdale Avenue, West an area bounded by U.S. Highway against the transportation of packages St. Paul, Minn. 55118. Applicant’s repre­ J80 on the south from the Alabama- or articles weighing in the aggregate sentative: Andrew R. Clark, 1000 First Oeorgia State line to the junction of U.S. more than 90 pounds from one consignor National Bank Building, Minneapolis, Highway 19 and U.S. Highway 19 on the to one consignee on any 1 day, between Minn 55402. Authority sought to operate T io™ Georgia-Florida State line, Sandusky, Ohio, on the one hand, and, as a common carrier, by motor vehicle, a?1™.0 ^ays- Supporting shipper: Coast­ on the other, Bloomfield, Mich., for 150 over irregular routes, transporting: al Chemical Corp., Yazoo City, Miss. days. Supporting shippers: Computer Wood charcoal and Charcoal Briquettes, (James A. Pierce, Traffic Manager). Services, Inc., 500 Clark Street, Paducah, from Marquette, Mich., to points in «end protests to : Floyd A. Johnson, Dis- Ky. 42001, Chemtrol Corp., 16 Dyke Lane, the Minneapolis-St. Paul commercial ict Supervisor, Interstate Commerce Stamford, Conn. 06904, Revoco D. S., zone, Minn., for 180 days. Supporting Commission, 312-A U.S. Post Office Inc., 3030 Quigley Road, Cleveland, Ohio shipper: Cliffs Dow Chemical Co., Mar­ Bunding, Jackson, Miss. 392Ô1. 44113, and Airco Chemicals and Plastics, quette, Mich. Send protests to: E. C. No. MC 109689 (Sub-No. 191 TA), filed 3130 West Monroe Street, Sandusky, Sjogren, District Supervisor, Bureau of 12’ 1968- Applicant: W. S. Ohio 44870. Send protests to: District Operations, 448 Federal Building and HATCH CO., 643 South 800 West Street, Supervisor E. N. Carignan, Interstae U.S. Courthouse, 110 South Fourth woods Cross, Utah 84087, Mail: Post Commerce Commission, Bureau of Op­ Street, Minneapolis, Minn. 55401. 84nn ? ° L 18.25’ Salt Lake Utah erations, 346 Broadway, New York, No. MC 121507 (Sub-No. 2 TA), filed mm™ Authority sought to operate as a N.Y. 10013. February 13, 1968. Applicant: PERISH­ cowTmm carrier, by motor vehicle, over No. MC 113267 (Sub-No. 186 TA), filed ABLE DELIVERIES, INC., 901 South wre.f„ ?r, routes, transporting: Corn February 12,1968. Applicant: CENTRAL Eutaw Street, Shed H, Baltimore, Md. i ^ulk’ from Salt Lake City, Utah, & SOUTHERN TRUCK LINES, INC., 312 21230. Applicant’s representative: £J5?*tS 0'’ Idaho> for 180 days. Sup- West Morris Street, Caseyville, 111. 62232. Charles E. Creager, Post Office Box 81, o ?Æ pper: E-J- Etegrën & Sofis Co., Authority ¡sought to operate as a common Winchester, Va. 22601. Authority sought West Fourth South Street, Post carrier, by motor vehicle, over irregular to operate as a common carrier, by motor Box 388, Salt Lake City, Utah routes, transporting: Bags and wrapping vehicle, over irregular routes, transport­ ing: Packinghouse products, as described HO. Send protests to: District Super­ paper, from Crossett, Ark., to points in visor, John T. Vaughan, Bureau of Opér­ in sections A, B, and C of appendix I to Iowa, and points in the Minneapolis-St. the report in Descriptions in Motor ions, Interstate Commerce Commis­ Paul, Minn., commercial zone, for 180 Carrier Certificates, 61 M.C.C. 209 and

FEDERAL REGISTER, V O L 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 3256 NOTICES

766, from Baltimore, Md., to points in No. MC 128012 (Sub-No. 1 TA), filed Office Building, 402 East State Street, Huntingdon and Mifflin Counties, Pa., for February 12, 1968. Applicant: R. E. Mc- Trenton, N.J. 08608. 180 days. Supporting shipper: Albert P. CORMACK AND D. L. McCORMACK, No. MC 129701 TA, filed February 12, Goetze, Inc., 2400 Block Sinclair Lane, a partnership, doing business as Mc­ 1968. Applicant: JASPER FURNITURE Post Office Box 1017, Baltimore, Md. CORMACK TRUCK LINES, 2608 Eagle FORWARDING, INC., South River 21203. Send protests to: William L. Lane, Route No. 3, Box 118, Oklahoma Road, Post Office Box 45, Jasper, Ind. Hughes, District Supervisor, Interstate City, Okla. 73107. Authority sought to 47546. Applicant’s representative: Wil­ Commerce Commission, 1125 Federal operate as a common carrier, by. motor liam Croft, 1815 H Street NW„ Washing­ Building, Baltimore, Md. 21201. vehicle, over irregular routes, transport­ ton, D.C. Authority sought to operate as No. MC 124083 (Sub-No. 38 TA), filed ing: Canned goods, from points in Cali­ a common carrier, by motor vehicle, over February 13, 1968. Applicant: SKINNER fornia to Altus, Ardmore, Atoka, irregular routes, transporting: New MOTOR EXPRESS, INC., 1035 South Clinton, Cushing, Duncan, Eufaula, furniture, from points in Dubois, Orange, Keystone Avenue, Indianapolis, Ind. Henryetta, Krebs, McAlester, Muskogee, Crawford, Vanderburgh, Perry, Spencer, 46203. Applicant’s representatives: Norman, Okemah, Poteau, Prague, Sal- Warrick, and Pike Counties, Ind., to Steers, Klee, Jay and Sullivan, 45 North lisaw, Sayre, Tulsa, and Wagoner, Okla., points in Indiana, Kentucky, Ohio, Illi­ Pennsylvania Street, Suite 312, Indian­ for 180 days. Supporting shippers: But- nois, and Missouri, for 180 days. Sup­ apolis, Ind. 46204. Authority sought to try Brokerage Co., Post Office Box 12247, porting shippers: Paoli Chair Co., Paoli, operate as a common carrier, by motor Oklahoma City, Okla. 73122; Donaldson- Ind. 47454; Hoosier Desk Co., Jasper, vehicle, over irregular routes, transport­ Day Co., Post Office Box 1442, Oklahoma Ind. 47546; Indiana Chair Co., Jasper, ing: Diammonium phosphate, in bulk, City Okla. 73101; R. E. Green Brokerage Ind. 47546; JOFCO, Jasper, Ind. 47546; in dump trucks, from plantsites, ware­ Co., Post Office Box 20704, Oklahoma Indiana Desk Co., Inc., Jasper, Ind. houses, and facilities of the New Jersey City, Okla. 73120; Taylor & Simpson Co., 47546; Jasper Seating Co., Jasper, Ind. Zinc Co., located at or near Depue and Post Office Box 1287, Norman, Okla. 47546; Indiana Cabinet Co., Inc., Jasper, Riverdale, HI., Des Moines, Iowa, and 73069; and Zoernig Brokerage Co., 5800 Ind. 47546; Ferdinand Furniture Co., Colfax, HI., to points in Illinois, Indiana, North Eastern, Post Office Box 18525, Inc., Ferdinand, Ind.; Styline Corp., Iowa, Kansas, Michigan, Minnesota, Oklahoma City, Okla. 73118. Send pro­ Huntingburg, Ind. 47542; Wood Design, Missouri, Nebraska, North Dakota, Ohio, tests to: C. L. Phillips, District Super­ French Lick, Ind.; The Fischer Chair South Dakota, and Wisconsin, for 180 visor, Interstate Commerce Commission, Co., Tell City, Ind.; Jasper Desk Co., days. Supporting shipper: The New Bureau of Operations, Room 350, Ameri­ Jasper, Ind. 47546; Goebel Furniture Jersey Zinc Co., 160 Front Street, New can General Building, 210 Northwest Co., Inc.; 1511 North Garvin Street, York, N.Y. 10038. Send protests to: Sixth, Oklahoma City, Okla. 73102. Evansville, Ind.; Jasper Novelty Furni­ District Supervisor, Bureau of Opera­ No. MC 129397 (Sub-No. 1 TA), filed ture Co., Inc., Jasper, Ind. 47546; United tions, Interstate Commerce Commission, February 12, 1968. Applicant: WILLIAM Manufacturing Co., Jasper, Ind. 47546; 802 Century Building, 36 South Pennsyl­ E. SWIFT, doing business as SWIFT Marble Imperial, Evansville, Ind.; Best vania Street, Indianapolis, Ind. 46204. TRANSPORTATION CO., Post Office Chairs, Inc., Ferdinand, Ind. 47532; No. MC 127337 (Sub-No. 3 TA) , filed Box 6173, Phoenix, Ariz. 85005. Appli­ Dolly Madison Industries, Huntingburg February 9, 1968. Applicant: CHET’S cant’s representative: Ernest D. Salm, and Ferdinand, Ind.; and Bolin Indus­ TRANSPORT, INC., Charlotte, Maine 3846 Evans Street, Los Angeles, Calif. tries, Paoli, Ind. Send protests to: Dis­ 04688. Applicant’s representative: Rob­ 90027. Authority sought to operate as a trict Supervisor, Bureau of Operations, ert J. Gallagher, 66 Central Street, contract carrier, by vehicle, over irregu­ Interstate Commerce Commission, 802 Wellesley, Mass. 02181. Authority sought lar routes, transporting: Meats, meat Century Building, 36 South Pennsylvania to operate as a common carrier, by motor products, meat byproducts, dairy prod- Street, Indianapolis, Ind. 46204. vehicle, over irregular routes, trans­ vats, and articles distributed by meat By the Commission. porting: Fish packaging material and re­ packinghouses, as described in sections pair parts for fishing boats and fish A, B, and C of appendix I to the report [seal] H. Neil G arson, plants, from Boston and Gloucester, in Descriptions of Motor Carrier Cer­ Secretary. Mass., and Portsmouth, N.H., to the tificates, 61 M.C.C. 209 and 766 (except [F.R. Doc. 68-2144; Filed, Feb. 20, 1968; ports of entry on the international hides and commodities in bulk, in tank 8:48 a.m.] boundary line between the United States vehicles), from the plantsite of Swift and Canada at or near Houlton, Vance- & Co., at or near Tolleson, Ariz., to points boro, Calais, and Bar Harbor, Maine, in California, for 180 days. Supporting [Notice 93] restricted to shipments that terminate in shipper: Swift & Co., 115 West Jackson MOTOR CARRIER TRANSFER Boulevard, Chicago, 111. 60604. Send pro­ Petit DeGrat, Nova Scotia. Processed PROCEEDINGS fish, and processed fish when moving in tests to: Andrew V. Baylor, District the same vehicle and at the same time Supervisor, Interstate Commerce Com­ F ebruary 16,1968. with fresh or frozen fish, between Ports­ mission, 3427 Federal Building, Phoenix, Synopses of orders entered pursuant mouth, N.H., on the one hand, and, on Ariz. 85025. to section 212(b) of the Interstate Com­ the other, the ports of entry on the No. MC 129700 TA, filed February 12, merce Act, and rules and regulations pre­ international boundary line between the 1968. Applicant: WARREN R. ABRAMS, scribed thereunder (49 CFR Part 279). United States and Canada, at or near Tabemacle-Medford Lakes Road, Rural appear below : Houlton, Vanceboro, Calais, and Bar Delivery, Vincentown, N.J. 08088. Appli­ As provided in the Commission’s spe­ Harbor, Maine, restricted to shipments cant’s representative: Allen L. Scott, 219 cial rules of practice any interested per­ that originate or terminate in Petit De­ High Street, Mount Holly, N.J. 08060. son may file a petition seeking reconsid­ Grat, Nova Scotia. Fish packaging ma­ Authority sought to operate as a contract eration of the following numbered pro­ terial, from the ports of entry on the carrier by motor vehicle, over irregular ceedings within 20 days from the date international boundary line between the routes, transporting: Fertilizer, in dump of publication of this notice. Pursuant United States and Canada, at or near vehicles, from Baltimore, Md., to Taber­ to section 17(8) of the Interstate Com­ Houlton, Vanceboro, Calais, and Bar nacle, N.J., and points in Burlington merce Act, the filing of such a petition Harbor, Maine, to Portsmouth, N.H., County, N.J., within 15 miles of Taber­ will postpone the effective date of tne restricted to shipments that originate in nacle, N.J., and return movement from order in that proceeding pending its dis­ Petit DeGrat, Nova Scotia, for 180 days. Baltimore, Md., to Tabernacle, N.J., for position. The matters relied upon by Supporting shipper: Booth Fisheries 180 days. Supporting shipper: Armour petitioners must be specified in their Canadian Co., Ltd., Petit DeGrat, Nova Agricultural Chemical Co., 30 Pryor letitions with particularity. Scotia, Canada. Send protests to: Don­ Street, SW., Box 1685 (mail), Atlanta, No. MC-FC-70051. By order of Febru- ald G. Weiler, District Supervisor, Inter­ Ga. 30301. Send protests* to: District iry 14, 1968, the Transfer Board ap- state Commerce Commission, Room 307, Supervisor Raymond T. Jones, Inter­ iroved the transfer to Malabe Shipping 76 Pearl Street, Portland, Maine 04112. state Commerce Commission, 410 Post :o., Inc., Brooklyn, N.Y., of the operating

FEDERAL REGISTER, VOL. 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 NOTICES 3257 rights in certificate No. MC-87570 issued 10089 issued October 18,1962, to Thomas over the following regular route: From June 29, 1965, to Malabe Vans, Inc., C. Young and Helen Young, a partner­ Grand Junction over U.S. Highway 24 to Brooklyn, N.Y., authorizing the trans­ ship, doing business as Plateau Valley junction Colorado Highway 65, thence portation, over irregular routes, of Stage Line, Collbran, Colo., authorizing over Colorado Highway 65 to junction household goods, between New York, the transportation of general commod­ Colorado Highway 330, and thence over N.Y., on the one hand, and, on the other, ities, except those of unusual value, Colorado Highway 330 to Collbran, and points in Connecticut, New Jersey, New classes A and B explosives, household return over the same route. Keith J. York, and Pennsylvania. Morris Honig, goods as defined by the Commission, Mumby, 200 North Sixth Street, Grand 159 Broadway, New York, N.Y.‘ 10038, commodities in bulk, commodities re­ Junction, Colo. 80502, attorney for attorney for applicants. quiring special equipment, and those applicants. No. MC-FC—70162. By order of Febru­ injurious or contaminating to other ary 14, 1968, the Transfer Board ap­ lading, between Grand Junction, Colo., [seal] H. Neil G arson, proved the transfer to Plateau Valley and Collbran, Colo., serving the inter­ Secretary. Stage Line, Inc., Collbran, Colo., of the mediate and off-route points of Plateau [F.R. Doc. 68-2145; Filed, Feb. 20, 1968; operating rights in certificate No. MC- City, Molina, Palisade, and Mesa, Colo., 8:48 a.m.}

CUMULATIVE LIST OF PARTS AFFECTED— FEBRUARY 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 February.

3 CFR Page 7 CFR— Continued Page 7 CFR— Continued Page Proclamations: 857______2593 Proposed R ules—Continued 3814 (see EO II394)______2429 891______2503 1009______2784, 2785 3824 ______2495 905______3214 1011 ______2784, 2785 3825 ______2623 907 ______2437,2708,2987 1012______2785 3826 ______2755 908 ______3167 1013 ______2785 3827 ______2881 910____ 2563, 2593, 2836,2885,3101, 3168 1015 ______2784, 2785 3828 ______2929 912______2563, 2836,3101 1016 ______2784, 2785 3829 ______•______2985 913______2564, 2836, 3102 1030 ______2784, 2785 917______2564 1031 ______2784, 2785 Executive Orders: 944______3215 1032 ______2784, 2785 Jan. 26, 1867 (revoked in part 945______2933 1033 ______2784-2786 by PLO 4358)______3068 947_____:______£ ______2503 1034-______2784-2786 2528 (revoked in part by PLO 950______- _____*_____3102 1035 ______2784-2786 4358)______3068 971______2837 1036 ______2784, 2785 2618 (revoked by PLO 4351)__ 2942 987______2934 1038 ______2784, 2785 5326 (see PLO 4358)_____ 3068 989______2988 1039 ______2784,2785 5327 (revoked in part by PLO 1051______3103 1040 ______2784, 2785 4363)______3070 1062______2437 1041 ______2784, 2785 8685 (revoked in part by PLO 1064______2438 1043 ______2784, 2785 4367)------3228 1073______2438 1044 ______2784, 2785 10713 (amended by EO 11395) _ 2561 1094______2438 1045 ______2784, 2785 11010 (seeEO 11395>______2561 1097______3215 1046 ______2784-2786 11263 (see EO 11395)______2561 1102 ______3215 1047 ______2784, 2785 11394 ------2429 1103 ______2439 1048 ______2784, 2785 11395 ------2561 1106______2439 1049 ______2784-2786 11396 _____ 2689 1108______3216 1050 ______2784, 2785 11397 --______2833 1126____ 2439 1051 ______2448, 2784, 2785 1133______2757 1060______2784, 2785 5 CFR 1137___ 2503 1062 ______2784, 2785 213__ 2497, 2563, 2987, 3101, 3167 1421______2564 1063 ______2784,2785 330_ ------2987 1601______3104 1064 ______2784, 2785 550_ ------3101 Proposed R ules: 1065 ______2784, 2785 591_ ------2835 1066 ______2784, 2785 771_ ~ 52____ 2608 1067 ______2784, 2785 ------2625 160______:______3076 1300__ ------2484 1068 ______T_____ 1____ 2784, 2785 729______2783 1069 ______2784, 2785 7 CFR 906____ 2850 1070 ______2784, 2785 908___ ;______2569 16__ 1071 ______2784, 2785 ______2497 911______2524 1073______2784, 2785 51 ______915______2524 52 ______2431, 2500, 2883 1075 ______2784, 2785 ____ 2500, 2883 953______* ______2524 1076 ______2784, 2785 58__ 966______2526 208______2432 1078 ______2784, 2785 ______3213 980______,__ 2947 1079 ______2784, 2785 319_ 991______:____ 2712 354, — ----- 2835 1090______2784, 2785 ____ 2757, 3213 993______2638 1094______2784, 2785 401_ 1001 ______2784,2785 724_ — ___ _ 2931 1096 ______2784, 2785 — _ 2433-2435 1002 ______2784, 2785 1097 ______2784, 2785 728_"" 1003 ______2784,2785 730 ------3045 1098 ______2784, 2785 3052, 3053, 3213 1004 ______2784, 2785 1099 ______2784, 2785 775_ 7~ 1005 ______2784-2786, 2894 777_ ____ 2757, 3214 1101 ______2784, 2785 811_~~ ______2707 1006 ______2785 1102 ______2784, 2785 ____ 2436, 2884 1008______2784, 2785 1103 ______2784, 2785

No. 36----- 7 FEDERAL REGISTER, V O L 33, NO. 36— WEDNESDAY, FEBRUARY 21, 1968 3258 FEDERAL REGISTER

7 CFR—Continued Page 14 CFR— Continued page 21 CFR—Continued Pase P roposed R ules—Continued Proposed R ules: Proposed R ules: 1104______2784, 2785 25______2712 1------2947, 3139 1106______2784, 2785 39______2531, 2639, 2712, 2855 3------3234 1108______2784, 2785 71______2531, 15------3139 1120______- ______2784, 2785 2639-2641, 2788-2791, 2856, 3008, 27 ------2610 1121 ______2784, 2785 3009, 3077, 3140. 28 ------3076 1125 ______- ______2784, 2785 73______2791 42------3139 1126 ______- ____ 2784, 2785 75______2792, 2856, 3009, 3140 120______2787 1127 ______2784, 2785 77______Z______2642 128------2948 1128 ______2784, 2785 121______3187144______2451 1129 ______2784, 2785 153______3078 191______3076 1130— ______- 2784, 2785 1131 ______2784, 2785 22 CFR 1132______1______2784, 2785 15 CFR 211______2918 1133 ______2448, 2784, 2785 399______3053 1134 __ 2784, 2785 Proposed R ules: 23 CFR 1136 ______2784, 2785 30_!______3233 1137 _ 2784, 2785 255______—_ 2442, 2945, 2993, 2994 1138 ______I______2784, 2785 1202______2850 16 CFR 26 CFR 13______2763, 2839-2842, 3170, 3171 l ______2892 9 CFR 15 ______2887-2892, 3054, 3170 Proposed R ules: 76____ 2625 Proposed R ules: 1______2997, 3072 78_____ 2625 243______3190 31______3072 97______2758 173______2517 101______3104 17 CFR 175______2517 102______- ______— 3106 200___— ______2631 194______2517 114______3109 240______2510, 2993 200______2517 145______2759 147______; 2759 270______3216 201______2517 201______2760 Proposed R ules: 250______2517 230______3142 251.______2517 10 CFR 240______*___2714, 3142 1______2691 249 ______2714 27 CFR P roposed R ules: 250 ______2642 5— ______2511 25______2792 274___ :______— 2716 26_____ 2792 28 CFR 95______2792 18 CFR 50______2442 1______2843, 2993 12 CFR 620______2632 29 CFR 1______2764 Proposed R ules: 778______3172 207______2691 2______2860 211______2885 215 '______2837,3110 30 CFR 217______3110 19 CFR’ Proposed R ules: 1______2843 220 ______2695 12______2448 221 ______2702 16 ______2633 222 ______- ______2988, 3110 31 CFR 262______2989 2893 545______- ______2990 20 CFR 500______555______— 2706 404 ____ - _____- ____— 2710, 2711, 3060 563______2707 405 ______32 CFR2440 654— .-____ 2990 236______2565 Proposed R ules: 21 CFR 239______._ 2565 204______2532 1 504—______3217 ._ 2443 221______2714 _ 3219 2 _ 2594, 3111591______561______2453 3 2934 3223 593 ______8______2844 3223 594 ______14 CFR 17 ______2594 3224 596 ______21______3054 19 2595 3224 27 — ______±____— 2595, 3111 597 ______39______2503, 3224 2504, 2626, 2709, 2885, 2886, 2934, 51 599______2597 ._ 3226 2990, 3168. 120 _ 2441, 2844, 2845, 2935, 3111, 3112 602______121 ______i______2441, 3227 -71 ______2440, 603...... 2504-2506, 2627-2630, 2764-2766, 2602, 2605, 2633, 2773, 2774, 2845, 3227 2991, 3055, 3056, 3110, 3216. 3112. 606______3227 73 ______2440, 2506, 2991, 3056 144 ______2633 612______2846 75__ '______1 ______2506, 2766 145 ______706______2634 2606 91______2992 146 ______2935 888______95______3168 146a______2935 97______2507, 2594, 2767, 3057 148m______— 263532A CFR 121______2440 199______2773 148w______2634 Ch. X : 3061 241______2710 166______—- 2442, 2511, 2846 OI Reg. 1— FEDERAL REGISTER 3259

33 CFR Page 43 CFR Page 46 CFR—Continued Page 110______2446 Public Land O rders: 308— ______2944 117______2774, 2775, 2846, 3172 1375 (revoked in part by PLO 310______2944 204______3218 4359)_a______3069 355______2893, 2995 207______— 3218 1739 (revoked in part by PLO 375— _•______2944 208 ______3063 4359)______3069 526______2945 209______—______3063 1874 (revoked in part by PLO Proposed R ules: 400______2775 4359)______, ______3069 Ch. II____ _ 2531 2418 (revoked in part by PLO 251______3233 36 CFR 4353)______2943 504______2948 4305 (corrected by PLO 4360) _ 3069 7 ______3227 524______3235 4311 (revoked in part by PLO 541______3081 311-1______- 3064 4357)______3068 500______— ______2936 4327 (corrected by PLO 4365) _ 3070 47 CFR 4350 ____ 2445 o______2445 37 CFR 4351 ______2942 2— ______—_ 2940, 3119, 3176' Proposed R ules: 4352 ______£______2942 21______3176 4353— ______2943 73 ______2445 1— ______3189 4354 ______2943 3______, ______3189 74 ______3176 4355 ______—______2995 87______2940 4356 ______v.______3068 89______3120 38 CFR 4357 ______3068 91______3122 0------3173 4358- ______3068 93______...... 3133 1-— ______2994 4359— ______3069 95______...... 3134 3------2994 4360 ______3069 Proposed R ules: 6------3176 4361 ______3069 8 ------3176 4362 ______3069 0______— 2713 19------3176 4363 _____ 3070 2______3141 4364 ______3070 21-______2610, 2857 39 CFR 4365 ___ :______3070 64______— 2452, 3142 4366 ______3070 73 ______2452, Ch. I______2636 4367 ______3228 3078, 3080, 3081, 3234, 3235. 158— ...... 2941 74 ______3188 171------£ ...... 2941 45 CFR 87______3141 97______2713 Proposed R ules: 85___ 2940 Ch. I______2638 301______2567 49 CFR 302—______2567 132______2947 1______2995 Proposed R ules: 99...... 2820 85__ !______2569 41 CFR 239______3071 1001______3135 1-1------3064 46 CFR 1041—______2711 1-2-...... ;_____„_____ 3064 33______2847 1057— ______2847 1-12-...... 3064 94______2847 P roposed R ules: !-l®...... i______3067 221—______- ______2943 1048______2948, 3082 5A-1— ...... 2775 222______2944 281______'2944 50 CFR 9~1...... 3067 282______2944 9-7------2776 285 ______2944 28______— 3135, 3136, 3186, 3228, 3229 9-53------2776 286 ______2944 33______- ______2711, l°l-5...... 3227 290______2944 2945, 2995, 3136, 3137, 3229, 3232 60______3138 101-26______2776 291-______2944 292______2944351__ —______1______2777 Proposed R ules: 298 ______- _____ 2944 Proposed R ules: Ch. 60—______3000 299 ______— 2944 230______— 2781

KNOW YOUR GOVERNMENT U.S. Government Organization Manual

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Presents essential inform ation about Government agen­ cies (updated and republished annually). Describes the creation and authority, organization, and functions of- the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, librarians, scholars, lawyers, and businessmen who need current official information about the U.S. Government. " The United States Government Organization Manual is the official guide to the junctions of the Federal Govern* m ent

$ Q ° 0 ^ per copy* Paperbound, with charts Or¿ter from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.