Document 91koGXOqmgr7OrzjB09O0Gb25

T (749) MINUTES of the one hundred tenth meeting of the Directors of the Manufacturing Chemists' Association, Inc. held at the Union Club, New York City, on September 12, 1961, at 1100 a.m. (EDT). There were present: Alternates; General Counsel: Present by Invitation: Peter C. Allen Howard S. Bunn Bennett S. Chappie, Jr. R, F. Coppedge, Jr. David H. Dawson P, M. Dinkins Kerby H. Fisk William B. Graham John A. Hill John E. Hull Robert F. Huntley Richard W. KixMiller Kenneth H. Klipstein H. E. Martin Theodore Marvin W. Kenneth Menke Warren H. Moyer J, A. Neubauer George L, Parkhurst Robert B. Semple Charles H. Sommer Harry B. Warner M. F. Crass, Jr. Henry Avery (for W. Kenneth Menke) Charles M. Bernuth (for Warren H. Moyer) J. J. B. Fulenwider (for A, E. Forster) Kenneth H. Hannan (for Howard S. Bunn) J. A. Hughes (for Raymond F. Evans) Karl J. Nelson (for John E. Wood, III) Thomas S. Nichols (for Stanley de J. Osborne) W. T. D. Ross (for Peter C. Allen) Donald Williams (for Leland I. Doan) Lloyd Symington, Fowler, Leva, Hawes & Symington R. C. McCurdy, Shell Chemical Company Chairman Bunn called the meeting to order at 11:00 a.m. and welcomed the new Directors and their alternates. I. MINUTES OF JUNE 7 AND JUNE 8, 1961, MEETINGS. The Minutes of these meetings were duly approved as submitted to the members. II. REPORT OF THE EXECUTIVE COMMITTEE. Mr. Bunn stated that a meeting of the Executive Committee had been held earlier that day and called upon Chairman Semple for his report, (a) The Public Relations Advisory Committee has proposed that one of its members be elected to associate membership on some of the key technical committees that have problems with public relations aspects. This has been discussed with staff personnel and technical committee chairmen and no objection has been expressed. Such appointments will come before the Board of Directors from time to time as they are made. CMA 067957 (750) (b) Inasmuch as the Public Relations Policy Committee has been dissolved, the Public Relations Advisory Committee has also recommended that liaison be established between it and the Executive Committee. Mr. K. H. Klipstein has been appointed to serve in this capacity. (c) The Executive Committee plans to follow its previous practice in inviting Board members to attend its meetings. A rotation schedule will be arranged and placed into effect beginning with the October 19b 1 meeting. Other matters discussed will be brought up in their respective places on the Board agenda. IH. REPORT OF THE TREASURER. (a) Financial Report, June - August 1961. The financial report for the three months ending August 31, 1961, was summarized by the Treasurer. ON MOTION duly made and seconded, it was VOTED: That the report be accepted and placed on file. (b) Status of Membership Fee Collections. The Treasurer reported that two member firms were in arrears as of September 12 and have been notified in accordance with the By-Laws. There have been no resignations to date. Membership fee collections slightly exceed $865, 000 -- the amount budgeted for that portion of the 1961-62 financing. (c) Financial Report, 89th Annual Meeting. The Treasurer reported Annual Meeting income of $24,741. Expenses totaled $11,250, leaving a net income of $13,491 which has been transferred to the operating account in accordance with financing arrange ments previously approved by the Board. IV. BOARD OF DIRECTORS. (a) Appointment of Alternates. The Chairman advised that the following Board members had requested the appointment of alternates: Board Member Peter C. Allen L. G. Bliss Howard S. Bunn BennettS. Chappie, Jr. R. F. Coppedge, Jr. David H. Dawson Leland I. Doan Raymond F. Evans Kerby H. Fisk A. E. Forster William B. Graham Alternate*and Company W. T. D. Ross, Canadian Industries limited John S. Gates, Foote Mineral Company Kenneth H. Hannan, Union Carbide Corporation C. W. Baldwin, United States Steel Corporation William P. Marsh, Jr., National Distillers and Chemical Corporation George E. Holbrook, E. I. du Pont de Nemours & Co., Inc. Donald Williams, The Dow Chemical Company J- A. Hughes, Diamond Alkali Company Harry S. Ferguson, Allied Chemical Corporation J* J. B. Fulenwider, Hercules Powder Company, Inc. Arthur C. Emelin, Baxter Laboratories, Inc, CMA 067958 (751) Board Member Robert F. Huntley R. W. KixMiller H. E. Martin W. Kenneth Menke Warren H. Moyer J. A. Neubauer Stanley de J. Osborne George L. Parkhurst Robert B. Semple Charles H. Sommer C. Y, Thomas John E. Wood, III Alternate and Company Charles C. Bassett, Cowles Chemical Company James H. Worth, Celanese Corporation of America H. E. Hirschland, Metal & Thermit Corporation Henry Avery, Pittsburgh Chemical Company Charles M. Bernuth, Chipman Chemical Company, Inc. J. E. Burrell, Pittsburgh Plate Glass Company Thomas S. Nichols, Olin Mathieson Chemical Corporation Fred Powell, California Chemical Company Bert Cremers, Wyandotte Chemicals Corporation John L. Gillis, Monsanto Chemical Company J. C. Denton, Spencer Chemical Company Karl J. Nelson, Enjay Chemical Company ON MOTION duly made and seconded, it was VOTED: That all appointments be approved. Mr. Bunn stated that those Directors who had not yet designated alternates and who wished them should submit nominations to the Secretary for appointment at the October 10 meeting. (b) Membership Committee. Chairman Marvin stated that a meeting of the Membership Committee had been held on the previous evening at which time a thorough review had been made of the eligibility requirements of the By-Laws. Study was also made of the definition of "Chemical Sales", which had been approved several years ago by the Board and which is utilized in connection with eligibility determinations as well as membership fee purposes. Mr. Marvin stated that the Committee had agreed to propose certain changes in both documents and that these proposals would be forwarded to Directors for consideration in advance of the October 10 Board meeting. Mr. Marvin then reported that an application had been received from Novamont Corporation and that, in the opinion of the Membership Committee, the applicant was qualified for membership under the Association's By-Laws. ON MOTION duly made and seconded, it was VOTED: That the applicant be approved, subject to the 30-day notification to members provided under Article III, Section 4, of the By-Laws. During the summer months, the Membership Committee favorably reported on applications submitted by Archer-Daniels-Midland Company and United Nuclear Corporation CMA067959 These were transmitted to the Directors by circular letter and both applications were approved. In the case of Archer-Daniels-Midland Company, the action constituted a reinstat ment of membership, the firm having been a member at an earlier date. (752) (c) Report of Program Committee -- Nov. 21, 1961 Semi-Annual Meeting. Chairman Mehke stated that the full program for the 11th Semi-Annual Meeting and Midyear Conference, to be held on November 21, had been completed, with all details arranged and all speakers secured. Mr. James E. Webb, Administrator, National Aeronautics and Space Administration, will be the banquet speaker; and short luncheon talks will be made by Major General Marshall Stubbs, Chief Chemical Officer, United States Army, and General Hull. The panel program will include six topics of broad interest to chemical management. The meeting will be held at the Commodore Hotel, New York City, rather than at the New York Statler. (d) October 9-10, 1961, Regional Directors' Meeting at Baton Rouge. In Mr. Wood's absence, Mr. Nelson reported for the arrangements committee and stated that all details had been finalized in connection with this meeting. The Secretary amplified Mr. Nelson's report and referred to the circular letter dated September 1 which had been sent to all Directors and to Executive Contacts of firms having manu facturing facilities in the Louisiana area. He urged that the reply forms be returned to him as promptly as possible. (e) Industrial Alcohol Technical Committee. On the recommendation of the Industrial Alcohol Technical Committee, concurred in by staff and General Counsel, ON MOTION duly made and seconded, it was VOTED: That the tenure of this Committee be extended until October 1, 1962. (f) In his capacity as informal liaison between Pharmaceutical Manufacturers Association and MCA, Mr. Graham briefly reported on legislative developments of interest to both Associations. Specific reference was made to the Kefauver bill, S. 1552, which proposes major changes in the patent system, entirely apart from drastic altera tions of our basic antitrust laws. The Board of Directors has already authorized the Association to oppose the patent provisions of this bill. Hearings have now been scheduled for mid-October, and the MCA witness will be Dr. Charles Allen Thomas. (g) Association Directory. The Secretary stated that the revised listing of Officers, Directors, Committees, and Members had been set up in type and would be printed and distributed within the next ten days. (This listing will include all Committee appointments listed under Item V of these Minutes.) V. COMMITTEE APPOINTMENTS. The following committee appointments were approved: (a) Air Pollution Abatement Committee. Willard F. Bixby, B. F. Goodrich Chemical Company, replacing R. D. Scott CMA 067960 4 T 1 (753) (b) Ammonium Nitrate Technical Committee. Benjamin Makower, California Chemical Company (c) Chemical Packaging Committee. Milton Gray, U. S. Industrial Chemicals Co., replacing W. W. Carre, Jr. Robert B. Schaefer, Pennsalt Chemicals Corporation, replacing Richard O. White (d) Technical Subcommittee on Chemical Propellant Safety. Davis M. Batson, Ethyl Corporation T. A. Jonas, American Potash & Chemical Corporation F. G. Whitford, Celanese Corporation of America (e) Committee on Tank Cars, Tank Trucks, and Portable Tanks. J. J. Russell, American Cyanamid Company, replacing R. J. Van Nostrand (f) Education Activities Committee. F. Scott Godron, Victor Chemical Works, Division of Stauffer Chemical Company Carlton H. Rose, National Lead Company (g) Food Additives Committee. Russell Bell, Victor Chemical Works, Division of Stauffer Chemical Company, replacing L. E. Jackson (h) Government Liaison Technical Committee on Metals. N. Meyer Baker, Pittsburgh Metallurgical Company, Inc., replacing W. F. Allen (i) Insurance Committee. W. H. Nangel, Celanese Corporation of America, as Chairman David D. Day, American Viscose Corporation, as Vice Chairman (j) International Operations Committee. William J. Ashe, Witco Chemical Company, Inc., replacing William Wishnick Robert J. Davis, FMC Corporation, replacing W. D. Morrison W. D. Morrison, Hooker Chemical Corporation <k) Labels and Precautionary Information Committee. Edward J. Hogan, Allied Chemical Corporation, as Chairman Ralph G. Troup, J. T. Baker Chemical Company, as Vice Chairman (1) Mechanical Technical Committee. D. L. Barton, California Chemical Company w .- (m) Medical Advisory Committee. CMA067961 Thomas W. Nale, Union Carbide Corporation, as Chairman W. L. Sutton, Eastman Kodak Company, as Vice Chairman Harvey B. Snyder, Humbl Oil & Refining Company, replacing L. J. Wade (754) (n) Plastics Committee. W. B. Humes, Union Carbide Corporation, replacing R. K. Turner (o) Public Relations Advisory Committee. S. A, Mattison, Hooker Chemical Corporation, replacing Thomas Trimble (p) Reactive Metals Steering Committee. Walter E. Remmers, Pittsburgh Metallurgical Company, Inc., as Chairman G. L. Weissenburger, Vanadium Corporation of America, as Vice Chairman R. S. Carey, Interlake Iron Corporation, replacing S. S. Robinson (q) Tax Policy Committee. J. E. Goodman, Hercules Powder Company, Inc., replacing E. B. Morrow M. P. Landers, Chas. Pfizer & Co., Inc., replacing John F. Duffy (r) Traffic Committee. Harry L. Aufderheid, United States Steel Corporation, replacing Donald M. Morewood (s) Washington Advisory Committee. Theodore A. Jonas, American Potash & Chemical Corporation, as Chairman Ralph B. Elliott, E. I. du Pont de Nemours & Co., Inc. John A, Rodda, FMC Corporation L. D. Weiford, Stauffer Chemical Company VI. STAFF REPORTS. (a) Technical Program. Those present were handed copies of a progress report covering the more important technical activities conducted during the summer months. Copy is attached to these Minutes. The Secretary supplemented the report by referring to litigation now under consideration in connection with the trailer-on-flat-car service (piggyback) case. At the time the railroads inaugurated piggyback service for chemicals and related products some three years ago, MCA actively supported the railway carriers in ICC proceedings. Motor carrier groups have now appealed the Commission's finding to the Kansas City Federal District Court. Because of the importance of this case and its bearing on chemical freight rates, the Traffic Committee has requested that permission be granted it to again intervene in support of the railroads' position. ON MOTION duly made and seconded, it was VOTED: That the requested authorization be granted. CMA 067962 (755) (b) Public Relations. Copies of a public relations activity report for the summer months were supplied to those present. General Hull discussed the report briefly and stated that a new staff member -- E. Bruce Harrison -- had been employed and would devote all of his time to community relations activities, (c) Education. Copies of an interim education report were included in Directors' folders. (d) Federal .Legislation. General Hull referred to House Ways and Means Committee activities in connection with the President's tax proposals. Although these proposals were the subject of extended hearings, the Committee limited its action this year, however, to publishing "for discussion purposes" the text of a bill which it said would be given renewed consideration when Congress reconvenes next January. This bill will shortly be considered by the MCA Tax Policy Committee. Included in the Directors' folders were copies of correspondence between General Hull, Senator Magnuson, and Representative Roberts with reference to an MCA recommendation that legislation be considered to extend the transition period of the Federal Hazardous Substances Labeling Act for at least 12 months. Reasons for this recommendation are set forth in the correspondence. Both legislators indicated that they would prefer to wait until the first week of January 1962 before considering such action but, at the same time, indicated concern over the problems faced by countless manufacturers who must meet the labeling requirements of the Act on February 1, 1962. Both expressed concern over the fact that approximately 13 of the 18 months' transition period had elapsed at the time the revised regulations were published last August 12 by FDA. General Hull stated that examples or case histories of instances where member firms would experience hardship or find it impossible to comply with the Act were needed in order to back up the Association's stand both with FDA and with the Congress. A request for this information has already been trans mitted to member executives, and those present were urged to facilitate their own replies as rapidly as possible. Vn. ADDITIONAL BUSINESS. Following disposition of the formal agenda, David H. Dawson discussed Charles S. Munson's long record of service and devotion to the Association and presented the following resolution for consideration: WHEREAS, Charles Sherwood Munson has for a period of over 2 5 years actively participated in the activities of the Manufacturing Chemists' Association as an Executive Contact, Executive Committee member, Officer, and Director, and WHEREAS, during this period he has made noteworthy and lasting contributions to the Association, devoting himself tirelessly and unstintingiy 4 to its improvement and well-being, and CMA 067963 f (7 56) WHEREAS, the Board of Directors now wishes to register its high esteem and affection for him and in so doing to institute an arrangement whereby his long-time interest in the Association and his participation in its affairs will be continued, but conducted at a tempo and degree in keeping with his wishes, now therefore be it RESOLVED, that Charles Sherwood Munson is hereby appointed an Honorary Director of the Manufacturing Chemists' Association, with all rights and privileges of an active Director as set forth in the By-Laws, except that of voting. The above resolution was then adopted by a unanimous vote by those present. The Secretary was requested to prepare a suitably engrossed record of the above for presentation to Mr. Munson at the Semi-Annual Banquet of the Association in New York City on November 21, 1961. There being no further business to come before the meeting, it was unanimously resolved to adjourn. M. F. Crass, Jr. Secretary APPROVED: Howard S. Bunn Chairman Attachment. 1 cMA 067964 __________________ J MCA TECHNICAL PROGRESS REPORT Attac hrr.ent 9/12/61 To the Board of Directors: The following summary lists the more important technical activities conducted by the Association and its committees during the summer months: 1. Research Project. The Association and the U. S. Bureau of Mines have concluded contractual arrangements for an MCA-sponsored research project on ammonium nitrate and related materials. All experimental work will be conducted by the Bureau in its laboratories. The objectives of this program have already been reported to the Board of Directors, The program will cost $60,000 during its first year, and this amount has already been financed on a pro rata basis by 13 member firms having representation on the Ammonium Nitrate Technical Committee. The first lot of thermodynamic and spectral data sheets issuing from the MCA Physical Properties research project at Texas A&M have been received and distributed. This relocated project is operating in satisfactory manner. The Franklin Institute project on taste and odor in water supply is well into the second (experimental) phase. The first phase, constituting a compendium of known information and experience in the field, has already been concluded. 2. Publications. Issued during the summer months were: (a) Proceedings of the 89th Annual Meeting. (b) Annual Report of the Association. (c) Statistical Summary No. 4. 1 (d) Chemical Safety Data Sheet SD-83 Methyl Ethyl Ketone. (e) Safety Guide SG-10 Entering Tanks and Other Enclosed Spaces. (f) Labor Relations Reports on Wage Adjustments and Fringe Benefits. i j 3. Transportation. The Association is again cooperating with the National I Tank Trucker Carriers, Inc., in sponsoring the 7th Annual Course in Tank Truck i Transportation of Chemicals and Other Products at Michigan State University on September 18-21. Member companies will furnish several instructors for the courses which will emphasize efficient and safe transportation of hazardous materials by motor vehicles. On August 14, the Association filed statements protesting adoption of Federal Maritime Board General Order 72, Revised, prohibiting the payment of brokerage fees by steamship companies to ocean freight forwarders. Although a decision has not been forthcoming, approval of the Order would result in substantially increased shipping costs to member companies on export movements and would be contrary to proposed Federal legislation clarifying the status of independent forwarders and brokers as to their right to compensation through brokerage for services rendered to carriers. J With respect to trailer-on-flatcar (piggyback) service, publication by the S Interstate Commerce Commission of certain rail rates three years ago aroused con- j siderable interest in the potential of this type of service because of economy, speed, and damage-free transportation which could change packaging concepts. MCA inter| vened in the ICC proceedings at that time, and five member representatives presented I testimony in support of the proposals. In a decision dated Jun 19, 1961, ICC affirmed CMA 067965 2- - its prior publication and ruled against motor carrier associations which had pro tested establishment of this service. This decision has now been appealed, and it is likely that the case will now go to a Federal District Court. The National Board of Fire Underwriters has proposed a comprehensive standard to promote safe handling in shipment of hazardous materials by motor carrier, which, in the opinion of the Association, would burden shippers and impede the free flow of normal commerce without enhancement of safety. MCA, in company with eight other associations, has protested against promulgation of the NBFU publication until thorough study has been made. A conference, to be attended by MCA representatives, has been set for the middle of September. Charles H. Mayhood, staff transportation engineer, attended a recent meeting of the United Nations Committee on the International Transport of Dangeroui Goods, held in Geneva, Switzerland. Mr. Mayhood's services to the Government in this connection were made available by the Association as a result of an official request on the part of the U. S. Coast Guard. 4. Pollution Abatement. The most important development in this field, was the signing of Public Law 87-88, expanding the scope and authority of the Department of Health, Education, and Welfare in water pollution control. The Law is considerably more moderate than the bills originally proposed and is generally consistent with MCA recommendations presented at House and Senate hearings late last spring. The Water Pollution Abatement Committee is currently giving consideration to a survey of the chemical industry in order to develop statistics for public dissemination and to determine the industry's position with respect to proper control of its effluents. This matter will be brought before the Board of Directors at a later meeting. The Committee plans to spend a full l day with personnel of the U. S. Public Health Servicefs Robert A. Taft Sanitary Engineering Center in Cincinnati later this month. Concerning air pollution abatement, MCA representatives are work ing with New Jersey State officials with respect to the State Control Commissi nJs Code of Regulations., There is danger here that proposed changes would establish atmospheric standards for particulate matter. 5. StfeftftpaSwo new publications were issued during the summer months. Arrangemen&feM^aqbeen completed for a regional safety workshop-to be held at Niagara Falls* Cansda, on September 27. The first "shooting" of the Association1! new film on "Safety-in the Chemical Laboratory" was recently completed at Villanova University. i A task group of the.Subcommittee on Chemical Propellant Safety hee completed review of a Department of Defense manual, "The Handling and Storage of Liquid Propellants", and is now engaged in drafting, an MCA. manual on the subject. j . 6. Proposed Piping Code. . The, Mechanical Technical Committee held one meeting and has scheduled another for September 19 in order to consider petro chemical manufacturers' obj ctions to a proposod American Standards Association piping cod tied in with th degree f hazard of contained material. CMA 067966 ve roUa t il y 's -3- 7. Metals Stockpile and Surplus Disposal. The Association, through the Government liaison Technical Committee on Metals, has had representation on a special task group reviewing changes in the Barter Program recently proposed by the Secretary of Agriculture. Appropriate specifications for ores carried in the Government stockpile are under consideration by this Committee. 8. Nuclear. Several Association representatives are serving on an Atomic Energy Commission committee designated to evaluate plans for construction of a plant for the recovery of strontium, cerium, and cesium from Hanford Plant fission wastes. The Committee is also cooperating with AEC to assist in formulation of a program for a new Office of Industrial Participation; a special MCA task group is studying proposed legislation on the Radiation Workmen's Compensation Act. 9. Food Additives. Efforts are continuing to develop a joint approach by industry, Government, and academic institutions with respect to problems caused by the Cancer Clause in the Federal Act. Preliminary discussions have been held with Food and Drug Administration representatives, and a paper on this subject was presented by a member of the Washington office staff to the International Association of Milk and Food Sanitarians. 10. Industrial Alcohol. The Industrial Alcohol Technical Committee is con tinuing its conferences with the Alcohol & Tobacco Tax Division of the Internal Revenue Service with respect to the new regulations governing use of industrial alcohol. The Division continues to lean on the Association for expert advice on technical matters, and extension of the Committee's tenure for an additional year is on the Board agenda. 11. Precautionary Labeling. Much time has been spent during the summer months by the LAPI Committee and MCA staff in considering regulations under the Federal Hazardous Substances Labeling Act. A written statement was submitted to the Food and Drug Administration, and the Association's President testified orally at an FDA-sponsored public meeting in July. Many of ihdustry's suggestions were accepted by FDA in the final regulations which issued in August. Because of possible compliance problems which cannot be resolved by the February 1, 1962, deadline, member firms have been alerted and requested to supply specific examples that fall within this categpry. Our Committee has recommended that MCA support the request for extension of the enforcement provisions of the Act for a minimum period of 12 months. The Fifth Edition of Manual L-l is now in the printer's hands and will be distributed about October 1. 12. Tariff Classification. Legislation implementing recommendations of the Tariff Commission for new tariff schedules has been introduced in the Congress as the Tariff Classification Act of 1961. ' The Association has filed statements with the appropriate committees of the Congress urging early enactment of this legislation without hearings. 13. Patents. S. 1084, to establish a national patent policy whereby the Govern ment would have exclusive right and title to any invention made by a privat contractor CMA 067967 -4- arising from work done for the Federal Government, has not yet been report d out of committee. Dr. A. B. Kinzel testified in behalf of MCA before a sub committee of the Senate Judiciary Committee on this legislation late last spring. Two additional bills of importance to the industry are also pending, and the Association plans to present testimony on both if and when hearings are held. One relates to S.2225, to fix the fees payable to the Patent Office and for other purposes; the other, S. 1552, the Kefauver bill, which, among other things, proposes major changes in the patent system, entirely apart from drastic alterations of our basic antitrust laws. r 14. Plastics. In company with the Society of the Plastics Industry, member plastics producers have agreed to continue on a somewhat expanded basis the use of a code consultant on the West Coast in the plastics-in-building field. Our staff expert has prepared a plastics-in-building section which will be included in the new edition of the architectural-drafting-room "bible", entitled "Time-Saver Standards". MCA and SPI have established a joint standing committee to coordinate activities of the two associations in the building field. With respect to appliances, MCA will continue to cooperate with the Underwriters' Laboratories in financing test projects for the coming year. Through American Standards Association, interested member producers are financing the secretariat for the American Committee of the International Standards Organization TC6l on Plastics. Our support is limited to activities concerned with methods of test and nomenclature. th a. ir rr ei U] tl CMA 067968