Pages 7119-7180 FEliE, EIiSTEB

NUMBER 152.

Washington, Wednesday, August 9, 1961

Contents

Agricultural Research Service PROPOSED RULE MAKING: Federal Maritime Board Federal airways; alterations (2 PROPOSED RULE MAKING: documents) _. 7149 NOTICES: Entry into Guam of fruits and Federal airways and associated Agreements: vegetables; leafy vegetables, cel- control areas; designation .... 7149 Japan-Atlantic and Gulf ery, potatoes, and mangos from Freight Conference ------7154 Philippine Islands------7134 RULES AND REGULATIONS: States Marine Lines Joint serv- Dulles International Airport .... 7123 ice et al 7155 Agricultural Stabilization and Use of private pilots in charity Conservation Service airlifts ------Federal Power Commission PROPOSED RULE MAKING: Federal Communications Com- NOTICES: Milk in Chicago, Ill., marketing . mission Hearings, etc.: area; decision on proposed City of Granby, Mo ------7165 amendments to tentative agree- NOTICES: Kentucky West Virginia Gas ment and order ------7134 Show cause orders: Co 7165 Estes, Edwin H ------7162 RULES AND REGULATIONS: Gainey, Heyward J ------7156 Federal Reserve System Tobacco; cigar-filler, cigar-binder and cigar-filler and binder; Hearings,etc.: NOTICES: marketing quotas, 1962-63; cor- Burlington Broadcasting Co. Marine Corp.; order granting rection ------7122 et al ------7156 petition for reconsideration..--- 7167 Franklin Broadcasting Co. and Agriculture Department Tedesco, Inc. (2 documents)- 7157 Fish. and Wildlife Service Kent-Ravenna Broadcasting See Agricultural Research Serv- RULES AND REGULATIONS: ice; Agricultural Stabilization Co. et al ------7157 Hunting upland game; Wheeler KSTP, Inc. (KOB), and Ameri- and Conservation Service; National Wildlife Refuge, Ala- can Farmers Home Administration. Broadcasting-Paramount bama ------7132 Theatres, Inc. (WABC) --- 7163 Atomic Energy Commission Oklahoma Broadcasting Co. et Food and Drug Administration al ------7158 PROPOSED RULE MAKING: Plains Radio Broadcasting Co- 7158 PROPOSED RULE MAKING: Licensing of source materials.... 7143 Putnam Broadcasting Corp. Tolerances and exemptions for Standards for protection against and Port Chester Broadcast- pesticide chemicals in or on raw radiation; statement of consid- ing Co ------7159 agricultural commodities; filing erations ------7142 Rockford, Broadcasters, Inc. of petition ------7134 (WROK), et al ------7160 RULES AND REGULATIONS: Civil Service Commission Rounsaville of Louisville, Inc. Food additives permitted in food PROPOSED RULE MAKING: (WLOU) (2 documents) __ 7160, 7161 for human consumption: Federal Employees Health Bene- Seward Broadcasting Co., Inc., Butylated hydroxytoluene and fits Program ------7144 and Saltville Broadcasting hydroxyanisole ------7127 Corp ------7161 Sorbitol ------7127 Commerce Department WMOZ, Inc------7161 Pesticide chemicals in or on raw agricultural commodities; See Federal Maritime Board. PROPOSED RULE MAKING: tol- AM, FM, and TV STL, and inter- erances and exemptions: Farmers Home Administration city relay stations; combination Further extension of effective into single date ------7126 RULES AND REGULATIONS: categories and mul- tiplex operation ------7150 Residues of sodium dehydro- Policies and authorities; miscel- acetate ------7127 laneous amendments_, ------7121 Electronic Industries Association; order extending time for filing Federal Aviation Agency comments ------7153 Health, Education, and Welfare RULES AND REGULATIONS: Department NOTICES: Practice and procedure; agree- Proposed radio antenna struc- ments between parties for See Food and Drug Administra- tures; determination of no haz- amendment or dismissal of, or tion; Social Security Admin- ard to air navigation (2 docu- failure to prosecute broadcast istration. ments) ------7155 applications ------7130 (Continued on next page) 7119 7120 CONTENTS

Interior Department Land Management Bureau See Fish and Wildlife Service; NoTicEs: Land Management Bureau. Montana; proposed withdrawal and reservation of lands ------7154 Interstate Commerce Commission NOTICES: Securities and Exchange Com- Commercial zone; Detroit, Mich-. 7179 Motor carrier: mission Alternate route deviation no- NOTICES: tices ------. 7167 Hearings, etc.: Applications and certain other Foxboro' Co. et al ------7166 proceedings ------7168 United Industrial Corp ------7166 Transfer proceedings ------7178 RULES AND REGULATIONS: RULES AND REGULATIONS: Form and content of financial Qualifications and maximum hours s t a t'e m e n t s; miscellaneous of service of employees of motor amendments ------7123 carriers and safety of operation and equipment ------7132 Social Security Administration Labor Department RULES AND REGULATIONS: Care and treatment of mentally ill See Labor Management Reports nationals of U.S., returned from Bureau. foreign countries ------7128 Labor-Management Reports Bu- Treasury Department reau NOTICES: PROPOSED RULE MAKING: Rayon staple fiber from Spain; Reporting by labor relations con- determination of no sales at less sultants and other persons; cer- than fair value - 7154 tain agreements with employ- Various officials; designation of ees ------7141 deputies ------7154

Codification Guide The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. Monthly, quarterly, and annual cumulative guides, published separately from the daily issues, include the section numbers as well as the part numbers affected.

5 CFR 14 CFR 29 CFR PROPOSED RULES: 43------7122 PROPOSED RULES: 89 ------7144 571------7123 406 ------7141 PROPOSED RULES: 6 CFR 600 (3 documents) ------7149 45 CFR 601 ------331 ------7121 7149 211 ------7128 17 CFR 47 CFR 7 CFR 210 ------7123 1 ------7130 723 ------7122 PROPOSED RULES: PROPOSED RULES: 21 CFR 2 ------7150 319 ------7134 120 (2 documents) ------7126, 7127 4 ------7150 941 ------7134 121 (2 documents) ------7127 15 ------7153 PROPOSED RULES: 49 CFR 10 120 ------7134 CFR 190 ------7132 PROPOSED RULES: I 20 ------7142 50 CFR 40 ------7143 32 ------7132

Published daily, except Sundays, Mondays, and days following official Federal holidays, by the Office of the Federal Register, National Archives- and Records Service, General Serv- Telephone " t 1t9u. WOth 3-3261 ices Administration, pursuant to the authority elephn W 6proved July 26, 1935 (49 Stat. 500, as amended;contained 44 US.C., in theoh. Federal 8B), underRegister regulations Act, ap- prescribed by the Administrative Committee of the Federal Register, approved by the President. Distribution is made only by the Superintendent of Documents, Government Printing Office, Washington 25, D.O. The FEDERAL REsTER will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per year, payable in advance. The charge for individual copies (minimum 15 cents) varies in proportion to the size of the issue. Remit check or money order, made payable to the Superintendent of Documents, directly to the Government Printing Office, Washington 25, D.C. The regulatory material appearing herein is keyed to the CODE OF FEDERAL REGULATONs, which is published, under 50 titles, pur- suant to section 11 of the Federal Register Act, as amended August 5, 1953. The CODE OF FEDERAL REGULATIONS is sold by the Superin- tendent of Documents. Prices of books and pocket supplements vary. There are no restrictions on the republication of material appearing in the FEDERAL REGIsTm, or the CODE OF FEDERAL REGULATIONS. Rules and Regulations

§ 331.3 Definitions. title insurance company, or the Office of the General Counsel, will ascertain that Title 6-AGRICULTURAL (a) Family-type farm. A family-type are free from any farm is defined as a farm (1) that is of such appurtenances encumbrances and are covered CREDIT sufficient size and productivity to fur- liens or adequately by a first real estate or chattel will enable a farm fam- Chapter Ill-Farmers Home Adminis- nish income that mortgage. ily to have a reasonable standard of (2) "In some areas, facilities or im- tration, Department of Agriculture living,-pay operating expenses, including provement items not generally con- OWNERSHIP LOANS maintenance of necessary livestock, SUBCHAPTER B-FARM sidered to be a part of the real estate, farm and home equipment, land and [PHA Instruction 443.1, Administration however, ordinarily do pass with the land .their debts, and have a Letter 703 (440) ] buildings, pay when such a farm changes ownership. reasonable reserve to meet unforseen If it is administratively determined that PART 331-POLICIES AND emergencies, (2) for which the manage- I certain such items customarily do pass AUTHORITIES ment is furnished by the operator and his immediate family, and (3) for which the with the land in the area, Farm Owner- Miscellaneous Amendments labor is furnished primarily by such op- ship loan funds may be included for the acquisition of such items necessary 1. Section 331.4, Title 6, Code of Fed- erator and family except during seasonal to the efficient operation of the farm. It is not intended to eral Regulations (21 F.R. 10444), is su- peakload periods. The advice of the designated attorney, include in this definition farms which perseded by § 331.2, Title 6, Code of Fed- title insurance company, or the Office eral Regulations (21 F.R. 10443), which require large amounts of seasonal hired of the General Counsel should be ob- labor. is revised to read as follows: in such cases. Where such facil- (b) Less than family-type farm. A tained § 331.2 Objectives. less than family-type farm is defined as ities or improvement items do not commonly pass with the land when such The basic objectives of Farm Owner- *a farm on which the applicant's income ship loans are to enable farm families from the land he owns will be insufficient a farm changes ownership, Farm to become soundly established in a suc- to meet the requirements of a family- Ownership loan funds will not be used cessful system of farming and to qualify type farm as defined in paragraph (a) for acquisition of the facilities even be necessary for credit from other sources within a of this section. In any case, to be suit- though such facilities may to the efficient operation of the farm. reasonable period, to promote more se- able for a Farm Ownership loan, a less cure occupancy of farms and farm (d) Average value. The term "aver- than family-type farm is one (1) that age value" for a county, parish, or lo- homes, and to ,correct economic insta- will produce agricultural commodities in cality means the average value 'of bility resulting from changing conditions sufficient quantities that the proceeds and some forms of farm tenancy. Pri- from their sale will be a substantial por- efficient family-type farm-management units situated in the county or parish mary emphasis will be given to assisting .tion of the operator's total cash income, farm families who-will conduct a family- (2) that will provide farm Income which as shown In § 331.17 of this part. (e) Fair and reasonable value. The type farming operation. Supervision will together with any income from other be provided borrowers to the extent nec- sources, Including income from rented term "fair and reasonable value of the essary to achieve the objectives of the land or grazing permits, will enable the farm" means the amount certified by the Committee on Form FHA 440-2, loan and to protect the interests of the family to have a reasonable standard of County Government in accordance with Part 302 living, pay operating expenses, pay their "County Committee Certification," to be of this chapter. These objectives will be debts, and have a reasonable reserve for the value of the farm after planned im- accomplished by extending credit and unforeseen emergencies, (3) on which the provements are made. supervisory assistance. to: management is furnished by the operator (Secs. 1, 2, 3,41, 50 Stat. 522, as amended, 523, (a) Individuals who will be owner- and his immediate family, (4) for which as amended, 528, as amended, sec. 18, 72 Stat. 840; 7 U.S.C. 1001, 1002, 1003, 1015, operators of family-type farms that will the labor is furnished primarily by the 1006e; Order of Acting Sec. of Agr., 19 P.R. provide adequate income to meet living operator and his Immediate family ex- 74. 22 F.R. 8188) and operating expenses and amounts cept during seasonable peak-load pe- due on their loans. riods, and (5) that will be recognized in 3. Subparagraph (4) of § 331.5(a),, (b) Disabled veterans who will be the community as a farm rather than a Title 6, Code of Federal Regulations (25 owner-operators of less than family-type rural residence. It Is not intended to F.R. 1905), is revised to delete the pro- farms that, together with their pensions, include in this definition farms which vision relating to applicants who spend will provide adequate income to meet require large amounts of seasonal hired a major portion of their time in off-farm living and operating expenses and labor. employment, and to read as follows: amounts due on their loans. (c) Farm. The word "farm" as used §-331.5 Eligibility and preference. (c) Individuals who are established In regulations relating to Farm Owner- bona fide farmers and. owner-operators ship loans includes the land, buildings, (a) * * * of less than family-type farms that, with fences, water, water stock, water facili- (4) If he is applying for a loan on a income from other sources, will enable ties, and other improvements which cus- less than family-type farm, be (i) an the family to meet living and operating tomarily pass with the farm in the owner-operator who is an established expenses and amounts due on their loans. change of ownership. bona fide farmer conducting substantial (Sees. 1, 41, 50 Stat. 522, as amended, 528, as (1) In some states, certain Improve- farming operations and who, for a sub- amended, sec. 18, 72 Stat. 840; 7 U.S.C. 1001, ment items or appurtenances which stantial portion of his life, has resided 1015, 1006e; Order of Acting Sec. of Agr., 19 ordinarily would be considered a part on a farm and depended on a farm in- P.R. 74, 22 P.R. 8188) of the real estate may, by agreemqnt be- come for his livelihood, or (ii) a 2. Section 331.3, Title 6, Code of Fed- tween the owner of the land and the disabled veteran with a pensionable dis- eral Regulations (21 F.R. 10443, 24 F.R. person furnishing or using such ap- ability and who has. previous farming 10942), is revised to delete the definition purtenances, remain personal property. experience or training. of "income," delete the limitation of land Such an agreement would be binding on (Secs. 1, 3, 41, 50 Stat. 522, as amended, 523, includable within the term "farm," mod- a Farm Ownership borrower who pur- as amended, 528, as amended, see. 18, 72 Stat. ify the definition of a less than family- chases the land. In all cases where funds 840; 7 U.S.C. 1001, 1003, 1015, 1006e; Order are included in a Farm Ownership loan of Acting Sec. of Agr., 19 P.R. 74,-22 F.R. 'type farm, and prescribe the use of a 8188) new County Committee certification to purchase such improvement or ap- form. The section as revised reads as purtenances, the County Supervisor, with 4. Subparagraph (1) of § 331.6(b), follows: * the advice of the designated attorney, Title 6, Code of Federal Regulations (25 '7121 RULES AND REGULATIONS

F.R. 1905), is revised to amend the ex- (Secs. 1, 2, 3, 41, 44, 50 Stat. 522, as amended, 523, as amended, 528, as amended, 530, as ceptions pertaining to land purchase; amended, see. 17, 70 Stat. 802, as amended, Title 14-AERONAUTICS AND paragraph (c) of § 331.6, Title 6, Code sec. 18 , 72 Stat. 840; 7 U.S.C. 1001, 1002, 1003, of Federal Regulations (22 F.R. 7629), 1015, 1018, 1006d, 1006e; Order of Acting SPACE of also is revised to modify the scope Sec. of Agr., 19 F.R. 74, 22 P.R. 8188) .Chapter I-Federal Aviation Agency eligible poultry enterprises. Paragraphs (b) (1) and (c) read as follows: 5. Section 331.14, Title 6, Code of Fed- [Regulatory Docket No. 832; Amdt. 43-14] eral Regulations (22 F.R. 2503), is revised § 331.6 Loan purposes. to restrict the loan approval authority PART 43-GENERAL OPERATION of State Office officials and to read as RULES follows: (b) Farm Ownership loans may not be Use of Private Pilots in Charity made for the purpose of: § 331.14 Loan approval authority. (1) Purchasing land when (i) the Airlifts farm will be "less than family-type The State Director is authorized to Section 43.60 of the Civil Air Regula- farm," as defined in § 331.(b) of this approve or disapprove Farm Ownership tions provides that a private pilot shall part, except for a qualified disabled vet- loans in accordance with this chapter. not pilot aircraft for compensation or eran, (ii) the applicant will be spending However, no initial or subsequent Farm hire. However, this regulation also pro- a substantial portion of his time during Ownership loan may be approved by the vides that a private pilot may pilot air- the year in off-farm employment, (iii) State Director without prior consent of craft in connection with a business if the the applicant will be renting land which the National Office if the amount of the flight is merely incidental thereto; and will be a substantial part of his total proposed Farm Ownership loan plus the that an aircraft salesman holding a pri- farming operation, or (iv) a major por- principal amount of any real estate liens vate pilot certificate may demonstrate tion of the income-producing acreage of the applicant will exceed $50,000 when aircraft in flight to a prospective pur- will be in the conservation reserve under the loan is closed, or if the proposed chaser if he has logged 200 hours of the Soil Bank Program. However, if Farm Ownership loan, together with the pilot flight time. the land under a conservation reserve principal balance owed on other Farm- For many years charitable organiza- contract will be available for use by the ers Home Administration loans, would tions used the "Charity Airlift" as a first full crop year after the date of loan cause the total indebtedness to Farmers means of raising funds. In such an air- approval, the land may be purchased Home Administration to exceed $50,000. lift, the charitable organization offered with loan funds. The loan docket and the State Director's an airplane ride in exchange for a per- .recommendation should be submitted sonal donation. Many of the rides were with any request for authority to ap- given in aircraft furnished and operated (c) Within the policies and regula- prove a loan in excess of these limita- Farm- by private pilots who provided their serv- tions applicable to the making of tions. The State Director may redele- ices without compensation. The money erns Home Administration loans, the gate loan approva' authority in writing will be observed in considering donated by the passengers was retained following to qualified State Office employees other by the charitable organization, and no applications for loans involving poultry than Area Supervisors. production: payment for the service rendered was (Sec. 41, 50 Stat. 528, as amended, sec. 18, 72 made to the pilot or aircraft owner; how- (1) Farmers Home Administration Stat. 840; 7 U.S.C. 1015, 1006e; Order of Act- ever, in some cases the organization paid loans will not be made to establish new ing Sec. of Agr., 19 F.R. 74, 22 F.R. 8188) operators in large commercial poultry for or supplied the fuel and oil consumed production of meat Dated: August 3, 1961. during the flights. enterprises for the Shortly before the Federal Aviation birds or eggs. HOWARD BERTSCH, (2) Farmers Home Administration Agency was established, Civil Aeronau- Administrator. tics Board Examiners rendered several loans may be made to establish or ex- FarmersHome Administration. opinions on violation cases involving pand small poultry enterprises needed their to supplement farming operations, pro- [F.R. Doc. 61-7528; Piled, Aug. 8, 1961; private pilots who had donated vided the total poultry enterprise will 8:50 a.m.] services for fund-raising flights. The not exceed.a 10,000-broiler capacity or a Examiners concluded that § 43.60 re- 1,500-layer capacity. For other types of quired pilots engaging in such flights to poultry enterprises, the labor require- hold commercial pilot certificates. For ments should not be greater than that Title 1-AGRICULTURE some time thereafter, the Federal Avia- required for 10,000 broilers or 1,500 tion Agency permitted the operation of Chapter VII-Agricultural Stabiliza- charity airlifts using private pilots, by layers. tion and Conservation Service (3) Farmers Home Administration issuing an individual exemption to the (Agricultural Adjustment), Depart- loans may be made to established family- sponsor of each airlift. These exemp- type farmers who are primarily engaged; ment of Agriculture tions specified safety requirements be- in the production of meat birds or eggs lieved necessary for the particular SUBCHAPTER B-FARM MARKETING QUOTAS airlift being conducted. This procedure or whose poultry enterprise constitutes AND ACREAGE ALLOTMENTS' a substantial part of their farming sys- was discontinued in June 1960 on the tems to finance such enterprise, includ- PART 723-CIGAR-FILLER TOBACCO, premise that passengers who receive ing the making of adjustments as neces- CIGAR-BINDER TOBACCO, AND rides because of charitable donations sary for a sound operation, provided they are entitled to fly with pilots who meet CIGAR-FILLER AND BINDER TO- commercial pilot standards. have a good record of operations, have BACCO the managerial ability to successfully In May of 1961, the National Founda- carry on the proposed operations, and Subpart-Cigar-Filler Tobacco, Cigar- tion (March of Dimes) petitioned the the total farming operations" will not Federal Aviation Agency to reconsider Binder Tobacco and Cigar-Filler the matter of charity airlifts involving exceed family-type. and Binder Tobacco Marketing (4) Farmers Home Administration private pilot participation. The Foun- loans may be made to established poultry Quota Regulations, 1962-63 Mar- dation pointed out that the prohibition producers, other than those referred to .keting Year against the use of private pilots for such airlifts had adversely affected fund- in subparagraphs (2) and (3) of this Correction paragraph, but who are otherwise eli- raising efforts and that the practical gible, to finance their customary level of In P.R. Doc. 61-6724, appearing at effect had been to reduce pilot partici- poultry operations provided they have page 6414 of the issue for Tuesday, July pation in the 1961 March of Dimes air- a good record of operations. 18, 1961, the phrase "and labor, and lifts by nearly 75 percent. They (5) The above policies do not prohibit equipment available for the production suggested an amendment to the regula- the -making of Farmers Home Adminis- of tobacco;" in the third sentence of tions, with the incorporation of special tration loans to poultry producers for § 723.1326(a), should read "land, labor, provisions as necessary, which would purposes other than the production of and equipment available for the produc- permit private pilots to participate' in poultry. tion of tobacco;". charity airlifts. Wednesday, August 9, 1961 FEDERAL REGISTER 7123

Consideration has been given to their (3) Each participating private pilot § 571.1. Unauthorized entry upon and petition. We have determined that (1) shall have logged at least 200 hours of use of airport. the use of private pilots operating under flight time credited in accordance with No person shall come upon or use the reasonable restrictions and with ade- the provisions of Part 20 of this chapter. Dulles International Airport except a quate supervision should provide a level (4) No acrobatic or formation flights person authorized by the Administrator of safety comparable to that expected of shall be conducted. of the Federal Aviation Agency or his a commercial operation; (2) the heavy (5) Each aircraft used shall be cer- authorized representative. As used in administrative burden formerly asso- tificated in the standard category, and this part, the Dulles International Air- ciated with the issuance of specific ex- shall comply with the 100-hour inspec-. port includes the land, and the buildings emptions would be eliminated by an tion requirement of § 43.22. and facilities now under construction appropriate amendment to Part 43 of (6) All flights shall be conducted in thereon, located in Fairfax and Loudoun the Civil Air Regulations; and (3) pri- conformity with visual flight rules and Counties, Virginia, the land, being that vate pilot participation in charity air- during ,daylight hours. acquired in Civil No. 1638M, United lifts, with suitable safety provisions, is (Secs. 313(a), 601, 72 Stat. 752, 775, 49 U.S.C. States District Court for the Eastern Dis- in the public interest. 1354, 1421) trict of Virginia, Alexandria Division. Since this. amendment relieves a re- striction and delay in extending such. Issued in Washington, D.C., on August § 571.2 Penalties. 1, 1961. relief would impose an unnecessary bur- Any person who knowingly and wil- den on certain persons, the Administra- N. E. HALABY, fully violates this part shall be guilty of tor for good cause finds that notice and Administrator. a misdemeanor, and upon conviction public procedure hereon would be con- ]F.R. Doc. 61-7440; Filed, Aug. 8, 1961; thereof, shall be fined not more than trary to the public interest and may be 8:45 a.m.] $500, or imprisoned not more than six omitted, and that this amendment may months, or both. be made effective on less than 30 days' Notice. This part shall become effective Au- In consideration of the foregoing, Chapter Ill-Federal Aviation Agency gust 9, 1961. of Part 43 of the Civil Air Regu- Issued in Washington, D.C., on August § 43.60 SUBCHAPTER D-AIRPORT 7, 1961. lations (14 CFR Part 43, as amended) is N. E. HALABY, hereby amended to read as follows, ef- REGULATIONS fective August 9, 1961. .[Regulatory Docket No. 842] Administrator. § 43.60 Private pilot. [F.R. Doc. 61-7566; Filed, Aug. 8, 1961; PART 571-DULLES INTERNATIONAL 8:54 am.] A private pilot shall not pilot aircraft AIRPORT for compensation or hire, except as pro- vided in paragraphs (a) through (c) of The Dulles International Airport is this section. presently under construction by the Title 11--COMMODITY AND (a) A private pilot may pilot aircraft Federal Aviation Agency. Persons have in connection With any business or em- been entering the airport without au- SECURITIES EXCHANGES ployment, if the flight is merely inci- thority and using the land and facilities Chapter II-Securities and Exchange dental thereto and does not involve the thereof, particularly when construction carriage of persons or property for com- operations are not in progress. In order Commission pensation or hire. to protect the airport and prevent PART 210-FORM AND CONTENT OF (b) An aircraft salesman holding a possible damage resulting from such en- FINANCIAL STATEMENTS, SECURI- private pilot certificate may demonstrate try and use, it is necessary to adopt the aircraft in flight to a prospective pur- following regulation which prohibits any TIES ACT OF 1933, SECURITIES EX- chaser if he has at least 200 hours of unauthorized entry upon or use of the CHANGE ACT OF 1934, PUBLIC flight time credited in accordance with Dulles International Airport. Any per- UTILITY HOLDING COMPANY ACT the provisions of Part 20 of this chapter. son violating this regulation shall be OF 1935, AND INVESTMENT COM- (c) Subject to the provisions of sub- guilty of a misdemeanor punishable by PANY ACT OF 1940 paragraphs (1) tlrough (6) of this para- a fine of not more than $500, or not more graph, a private pilot may pilot an than six months imprisonment, or both. Miscellaneous Amendments aircraft used in a passenger-carrying airlift sponsored by a charitable organi- This is the first regulation issued cov- On May 3, 1961, notice of proposed zation, where the passengers make a ering Dulles International Airport. As amendments of rules governing the form donation to the organization for such construction proceeds additional regula- and content of financial statements filed carriage. tions will be issued and included in this by insurance companies other than life part. and title insurance companies was pub- NOTE: For the purpose of this regulation, lished in the FEDERAL REGISTER (26 F.R. charitable organizations are those listed in Inasmuch as this regulation relates to the management of public property, 3819). Publication No. 78 of the U.S. Treasury De- This revision reflects changes in re- partment entitled "Cumulative List, Organ- compliance with the notice, public pro- quirements of the Annual Statement izations Described in section 170(c) of the cedure, and effective date provisions of Internal Revenue Code- of 1954," and addi- filed with state regulatory authorities tions thereto. This list is compiled by the section 4 of the Administrative Procedure and developments in insurance report- Internal Revenue Service and is issued by. Act is unnecessary. ing since these articles were originally the Superintendent of Documents, Govern- Acting pursuant to the authority adopted. As a result ment Printing Office, Washington 25, D.C., vested in me by the Act of September 7, of the reluctance on the and is available for reference at District Of- part of independent public accountants fices of the Internal Revenue Service. 1950 (64 Stat. 770), as amended by the Act of August 23, 1958 (72 Stat. 731), a to express an opinion in respect of the (1) The sponsor of the airlift shall new Part 571 of the regulations of the financial statements included in the An- notify the FAA General Aviation District Administrator is adopted to read as nual Statement and the accounting Office having jurisdiction over the area principles and practices reflected there- concerned, at least 7 days in advance, follows: in as required by § 210.2-02(c) without and shall furnish that office with any Sec. taking exception to certain insurance essential information regarding the air- 571.1 Unauthorized entry upon and use of accounting practices, there has grown lift, on request. airport up the practice of reconciling the stat- (2) All flights shall be conducted from 571.2 Penalties utory capital share equity an4 net in- public airports adequate 'for the aircraft AUTHORiTy: §§ 571.1 and 571.2 issued under come or loss with capital share equity used, or from other airports that have Sections 4 and 10 of the Act of September 7, and net income or loss as determined been approved for the operation by an 1950 (64 Stat. 771, 772), as amended by the in accordance with generally accepted FAA inspector. Act of August 23, 1958 (72 Stat. 731). accounting principles and practices. 7124 RULES AND REGULATIONS

note 2 of § 210.7-05 gives recog- 10. Other assets. State separately any § 210.7-04 Profit and loss or income Special significant items. statements. nition to this practice where such dif- ferences are deemed to be material, the LIABILITIES, CAPITAL SHARES AND SURPLUS Profit and loss or income statements principal differences being in the ac- 11. Losses and claims. filed for insurance companies other than counting for nonadmitted assets and 12. Loss adjustment expenses. life and title insurance companies shall commissions and expenses incurred in 13. Unearned premiums. comply with the following provisions: writing ipsurance. 14. Dividends declared and upaid. State After consideration of all such rele- separately. amounts payable to (a) policy- UNDERWRITNo PtROFT OR Loss was presented by inter- holders and (b) stockholders. 1. Net premiums written. State premiums vant matter as 15. Borrowed money. State here or in a ested persons regarding the rule changes written including reinsurance assumed less note as to each loan (a) from whom bor- reinsurance ceded. proposed, the amendments so published rowed, (b) date of loan, (c) repayment terms subject to- the 2. Increase or decrease in unearned pre- are hereby adopted, and other conditions governing each loan, mium reserve. changes set forth below. (d) due date, (e) extensions granted, (f) 3. Premiums earned. 1. In § 210.7-05, clause (b) of para- original amount, and (g) interest rate. 4. Losses incurred. graph 2 is changed. 16. Other liabilities, State separately any 5. Loss expense incurred. 2. In § 210.7-05, paragraph 5 is signi4cant items. 6. Balance. 17. Commitments and contingent liabili- 7. Commissions and brokerage. State amended. ties. See §§ 210.3-18, 210.3-19(g) and 210.7- 3. The authority citation is amended. commissions and br6kerage less amount re- 05-4. premiums and reinsurance. The revised sections shall be effective class of ceived on return 18. Capital shares. State for each 8. Salariesand other compensation. State statements for number of with respect to financial shares the title of issue, the the total amount paid to directors, officers, out- any fiscal year ending on or after De- shares authorized, the number of shares employees and agents not paid by conmis- and the capital share liability cember 31, 1960, filed as part of any standing sion other than amounts allocable to loss thereof, and, if convertible, the basis of con- registration statement, application for and investment expense. if However, If a version. Show also the dollar amount, 9. Taxes, licenses and fees. State the registration or report. shares subscribed but un- any, of capital total amount excluding income taxes. registrant so elects, the revised sections issued, and of subscriptions receivable may be applied to financial statements 10. All other underwriting expenses. In- thereon. clude hereunder all other underwriting ex- filed prior to that date. Surplus. (a) Separate captions shall 19. penses not included above. State separately be shown for (1) paid-in surplus, (2) surplus By the Commission. any material amount. Do not include in- arising from revaluation of assets, (3) other vestment expense under this caption. capital surplus, and (4) earned surplus (i) [SEAL] ORVAL L. DuBois, 11. Other underwriting profit or loss. In- Secretary. appropriated and (ii) unappropriated. There shall be included under earned surplus, ap- clude the income or loss from unusual or nonrecurring contingent profits or reinsur- JULY 26, 1961. propriated, all reserves and segregations of miscel- are ance agreements, pools and other I. Section 210.7-01 is amended to read surplus, mandatory or voluntary, which aneous contracts, licenses and- agreements, contingency reserves whose purposes as follows: general etc. Give in a note a brief explanation of are not specific, or reserves for indefinite pos- of §§ 210.7-01 any items included in this account. § 210.7-01 Application sible future losses, such as, for example, for 12. Profit or loss from underwriting. to 210.7-06. future decline in value of investments or for contingencies. INVESTMENT INCOME OR Loss These sections shall be applicable to (b) If undistributed earnings of sub- financial statements filed for insurance sidiaries are included, state the amount 13. Interest on bonds. companies other than life and title in- thereof parenthetically or otherwise. How- 14. Dividends. State separately dividends (b) af- surance companies. (Title insurance ever, in a consolidated statement the preced- from (a) unaffiliated companies and ing sentence shall have reference only to the filiated companies. companies shall comply with the require- 15. Interest on mortgage loans. ments of §§ 210.5-01 to 210.5-04.) undistributed earnings of subsidiaries not consolidated in such statement. 16. Real estate income. II. Sections 210.7-03 to 210.7-06 are (c) An analysis of ouch surplus account 17. Other investment income. State sepa- amount. as follows: setting forth the information prescribed in rately any material amended to read 18. Total investment income. § 210.11-02 shall be given for eact period for § 210.7-03 Balance sheets. which a profit and loss statement is filed, as 19. Investment expense. Include interest a continuation of the related profit and loss on encumbrances, real estate expense, super- Balance sheets filed for insurance com- visory service, other fees, salaries, adminis- other than life and title insurance' statement or in the form of a separate state- panies ment of surplus, and shall be referred to here. trative expenses, etc. State separately any companies shall comply with the follow- In this statement caption 3, Other additions material amounts. ing provisions: to surplus, shall be subdivided to show (1) 20. Net investment income. Realized gains ADMITTED ASSETS unrealized gain on bonds and stocks from or losses on investments shall be reported in 1. Bonds. change in market values (2) unrealized gain caption 26 below. Unrealized gains or losses 2. Investments in stocks other than stocks on other investments from change in market resulting from change in market values of affiliates. State separately: (a) preferred values, and (3) all others, designating clearly shall be reported in the appropriate surplus the nature thereof. Likewise, caption 4, account. stocks and (b) common stocks. or loss from 3. Investments in stocks of affiliates. Deductions from surplus other than divi- 21. Total income and profit (a) In insurance companies. Include dends, shall be subdivided to show (A) un- underwritingand investment. realized loss on bonds and stocks from 22. Dividends to policy holders. only stocks of Insurance companies under for this subcaption. change in market values (B) unrealized loss 23. Net income or loss before provision on other investments from change in market income taxes. (b) In other affiliates. Include under this 24. Provision for income taxes. State sep- subcaption stocks of other affiliates. If any values, and (C) all others, designating clearly the nature thereof. arately (a) Federal normal income tax and such "other affiliate" controls Insurance com- taxes. (d) If separate balances are not shown'in surtax, and (b) other income panies the stock of such "other affiliate" shall Amounts allocable to realized gains or losses be included under this subcaption, and the the accounts for the divisions of surplus in 'on investments shall be reported in caption fact of such control shall be stated in a note (a) above other than for earned surplus ap- 26 below. to the balance sheet. has not, up State propriated, i.e., if the company 25. Net income or loss. 4. Mortgage loans on real estate. differ- or losses on investments. separately (a) first liens and (b) other than to the opening of the period of report, 26. Realized gains first liens. entiated in its accounting for surplus as indi- State parenthetically or otherwise the 5. Real estate. State parenthetically the cated, then the unsegregated surplus may be amount of income taxes deducted. stated in one amount, and, in lieu of such 27. Net income or loss and realized gains amount of encumbrances deducted. or losses on investments. 6. Cash and cash items. State separately segregation, there shall be given as a note an (a) cash on hand, demand deposits, and time analysis of surplus since organization. Such § 210.7-05 Special notes to financial deposits and (b) call loans. analysis shall show (1) total net income after statements. 7. Agents' balances and/or gross premiums income taxes, (2) aggregate dividends paid balance in course of collection. State parenthetically (A) in cash, and (B) in capital stock, (3) 1. Assets shall be set forth in the sheet at admitted asset values. Book values the amount of ceded reinsurance balances (4) unrealized gain or payable deducted, if material. total paid-in surplus, of assets included under captions 1, 2, 3(a), 8. Due-from other insurance companies. loss from change in market values, (5) aggre- 3 (b), 4, and 5 shall be shown parenthetically Include reinsurances recoverable on losses gate transfers to reserves, (6) change in non- or in a note. \ paid, etc.; do not include premium balances. admitted assets, and (7) other additions or The total amount of non-admitted assets 9. Interest, dividends and real estate in- deductions of material amount, indicating shall be stated in a note, and if such amount come due and accrued. clearly the nature of the item. exceeds one percent of the total admitted Wednesday, August 9, 1961 FEDERAL *REGISTER 7125 assets then a separate statement shall be Schedule IV-Real Estate. The sched- (b) Indicate by appropriate symbol those presented showing the details of such assets. ule prescribed by § 210.12-26 shall be bonds which are non-income producing or in default as to principal or interest. * State in a note or otherwise the amount of filed in support of caption 5 of each bal- immedi- 3State the basis of determining the assets charged to income or surplus ance sheet. ately upon acquisition during the period, if amount. significant. Schedule V-Summary of investments I State the method of determining market There shall also be added as a note to the in securities-Other than securities of value. financial statements the following: affiliates. The summary schedule pre- 0 Indicate by a symbol whether amortized "The term 'admitted assets' means the as- scribed by § 210.12-27 shall be filed in or estimated value. State the basis of deter- sets stated at values at which they are per- conjunction with Schedules I and II. mining estimated value. mitted to be reported to the respective domi- Schedule VI-Inestments in stocks of 'If admitted asset value is different from ciliary State regulatory authority for balance the amount shown in either Column C, D, sheet purposes in the annual report in ac- affiliates. The schedule prescribed by E, or F, state the basis of det~rmining such cordance with the. rules and regulations of § 210.12-28 shall be filed in support of value. caption 3 of each balance sheet. such regulatory authority. § 210.12-24 Stocks-other than stocks "The term 'non-admitted asets' means Schedule VII-Premiums, losses and 'assets' other than assets which are so per- underwriting expense. The schedule of affiliates." mitted to be reported.' prescribed by § 210.12-29 shall be filed in (For insurance companies.) 2. State in tabular form in a note or other- support of capti6n 13 of each balance wise, together with appropriate explanation, Column A. Name of issuer and title of sheet and captions 1, 3, 4, 5, 7, 8, 9, and issue.2 a reconciliation of material differences be- 10 of each profit and loss statement. tween (a) capital share equity as reported Column B. Number of shares. Schedule VIII-Capital shares. The Column C. -Actual cost. on the balance sheet and capital share equity 8 as determined 'in accordance with generally schedule prescribed by § 210.12-14 shall Column D. Book value. Column E. Market or estimated value.' accepted accounting principles and practices, be filed in support of caption 18 of each 8 and (b) net income or loss as reported on the balance sheet. Column F. Admitted asset value. profit and loss or income statement and net Schedule IX-Other securities. If '(a) In lieu of this schedule there may be income or loss as determined in accordance there are any classes of securities not filed Schedule D, Part 2, of the annual state- with generally accepted accounting principles included in Schedule VII, set forth in ment filed with the respective State domi- and practices. ciliary regulatory authority. Provided, (1) 3. State in a note the amount of surplus this schedule information concerning such.securities corresponding to that re- That from the totals of the proper columns not available for payment of dividends to there be deducted the amounts represented stockholders. See § 210.3-19(f). quired for the securities in such schedule. by the investment in stocks of affiliates 4. Explain in a note the basis of determin- If the securities required to be reported called for in the schedule prescribed by ing the unearned premiums and the esti- on the schedules prescribed by §§ 210.12- § 210.12-28; and (2) the method of deter- mated liability for losses and claims and 10, 210.12-12 or 210.12-15 are present, mining market value shown in column 6 of state the amounts deducted in rbspect of those schedules should be used. Infor- Schedule D, Part 2, be stated. reinsurance carried with other companies. (b) All money columns shall be totaled. 5. If the company wrote mortgage guar- mation need not be set forth, however, as to notes, drafts, bills of exchange or 2(a) Stocks shall be grouped in accordance anty surety bonds during the period of re- with the classification required under port, state the amount of liability in force bankers'. acceptances having a maturity § 210.12-27 and listed alphabetically in each therefor as of the date of the balance sheet. at the time of issuance of not exceeding group. one year. be (b) Indicates by appropriate symbol those § 210.7-206 What schedules are to Schedule X-ncome from dividends- filed. stocks which are non-income producing. Equity in net profit and loss of affiliates. I State the basis of determining the (a) Except as expressly provided The schedule prescribed by § 210.12-17 amount. otherwise in the applicable form: shall be filed in support of caption 14(b) 4 Indicate by a symbol whether market or (1) The schedules specified below in of each profit and loss statement. estimated value. State the basis of deter- this section as schedules I, II, I1, IV, mining such value. Schedule XI-Summary of realized I If admitted asset value is different from V, VI, VIII, and IX shall be filed as of gains or losses on sale or maturity of the amount shown in either Column C, D, or the date of the most recent balance sheet investment. The schedule prescribed by E, state the basis of determining such value. filed for each person or group. Such §.010.12-30 shall be filed in support of § 210.12-25 Mortgage loans on real schedules shall be certified if the related caption 26 of each profit and loss 1 balance sheet is certified. statement. estate. (2) All other schedules specified below (For insurance companies.) in this section shall be filed for each pe- III. The subcaption immediately pre- riod for which a profit and loss state- ceding § 210.12-23 is amended to read: Column A. Summarize by State and ment is filed. Such schedules shall be "For Insurance Companies". classification indicated below.' certified if the related profit and loss IV. Sections,210.12-23 to 210.12-30 are Name of State amended to read: statement is certified. Farm mortgages--insured (total). (b) Reference to the schedule shall be § 210.12-23 Bonds. Farm mortgages--other (total). made against the appropriate captions (For insurance companies.) City mortgages--insured (total). of the balance sheet and the profit and City mortgages--other (total). loss statement. Column A. Name of issuer and title of Total. (c) If the information required by issue.' Total, all States. any schedule (including the footnotes Column B. Principal amount of bonds Column B. Amount of principal indebt- thereto) -may be shown in the related and notes. edness. Column C. Actual cost (excluding accrued Column C. Book value of mortgages. balance sheet or profit and loss state- interest). Column D. Admitted asset value.' ment without making such statement Column D. Book value.' Column E. Appraised value of land and unclear or confusing, that procedure may Column E. Market value.' buildings. be followed and the schedule omitted. Column F. Amortized or investment 'All money columns shall be totaled. Schedule I-Bonds. The schedule pre- value.' Column G. Admitted asset value.6 (a) Mortgage loans shall be grouped by scribed by § 210.12-23 shall be filed in States and in accordance with the classifi- support of caption 1 of each balance I (a) In lieu of this schedule there may be cations indicated in Column A above. sheet. filed Schedule D, Part 1. of the annual state- (b) Mortgage loans other than first lien Schedule II-Stocks-O t h e r than ment filed with the respective domiciliary loans shall be listed separately in a like stocks of affiliates. The schedule pre- State regulatory authority. In such case the manner, -scribed by § 210.12-24 shall be filed in method of determining market value shown (c) State in a note the amount of mort- support of caption 2 of each balance n Column 7 of that schedule shall be stated gage loans in each State and classification (1) In a note. upon which interest is overdue more than sheet. (b) All money columns shall be totaled. three months; and (2) which are In the proc- Schedule III-Mortgage loans on real 2 (a) Bonds shall be grouped in accord- ess of foreclosure. estate. The schedule prescribed by ance with the classification required under s If admitted asset value is different from § 210.12-25 shall be filed in support of § 210.12-27 and listed alphabetically In each the amount shown in either Column B or C, caption 4 of each balance sheet. group. state the basis of determining such value. 7126 RULES AND REGULATIONS

§ 210.12-26 Real estate owned. 4 Indicate by a symbol whether market or (Sees. 6, 7, 8, 10, and 19(a) of the Securities estimated value. State the basis of deter- Act of 1933, as amended, 48 Stat. 78, 70, 81, (For insurance companies.) mining such value. and 85, 15 U.S.C. 77f to 77h, 77J and 77s; Column A. Summarize by State and I If admitted asset value is different from secs. 12, 13, 15(d), and 23(a) of the Securi- classification of property as indicated below. the amount shown in either Column C, D, or ties Exchange Act of 1934, as amended, 48 E, state the basis of determining such value. Stat. 892, 894, 895, and 901, 15 U.S.C. 781, 78m, Name of State 78o, and 78w; secs. 5(b), 14, and 20(a) of the § 210.12-29 Premiums, Losses, a n d Public Utility Holding Company Act of 1935, Farms (total). Underwriting Expense.' 49 Stat. 812, 827, and 823, 15 U.S.C. 79e, 79n, Residential (total). and 79t; secs. 8, 30, 31(c), and 38(a) of the Apartments and business (total). (For insurance companies other than life and title insurance companies.) Investment Company Act of 1940, as Unimproved (total). amended, 54 Stat. 803, 838, 838, and 841, 15 Total. Part 1-Premiums U.S.C. 80a-29, 80a,-30, and 80a-37) Total, all States. Column A. Line of insurance. [P.R. Doc. 61-7509; Filed, Aug. 8, 1981; Column B. Amount of encumbrances. Column B. Unearned premiums Column C. Actual cost. begin- 8:53 a.m.] D. ning of period. Column Book value less encumbrances. Column C. Net premiums written. Column E. Market or fair value less en- Column D. Unearned cumbrances. premiums end of Column period. F. Admitted asset value.' Column E. Premiums earned during pe- Title 21-FOOD AND DRUGS 1 All money columns shall be totaled. riod. Chapter I-Food and Drug Adminis- 2 State the basis of determining such value. I If admitted asset value is different from Part 2-Losses and Underwriting Expenses.' tration, Department of Health, Edu- the amount shown in either Column C, D, Column F. Losses incurred during period. cation, and Welfare or E, state the basis of determining such, Column G. Loss expense incurred during value. period. SUBCHAPTER B--FOOD AND FOOD Column H. Commissions and brokerage PRODUCTS § 210.12-27 Summary of investments incurred during period. in securties--other than securities Column 1. Other underwriting expense PART 120-TOLERANCES AND EX- of affiliates.' incurred during period5 EMPTIONS FROM TOLERANCES (For insurance companies.) 'All money columns shall be totaled. FOR PESTICIDE CHEMICALS IN OR 2 Fire insurance companies may furnish Column A. Type of security. ON RAW AGRICULTURAL COM- information under Columns G, H, and I by MODITIES 1. Bonds and Notes totals only, if the information required by such columns is not available by lines of Further Extensions of Effective Date of (a) Government. insurance. (b) States, territories, and possessions. 8 Include in this column all amounts set Public Law 86-139 as It Affects (c) Political subdivisions of States, ter- forth in the related profit and loss statement Section 408 of Federal Food, Drug, ritories and possessions. under captions 8, 9-,and 10. (d) Government agencies and authorities. and Cosmetic Act (e) Railroads. § 210.12-30 Summary of realized gains Under the provisions of Public Law (f) Public utilities. or losses on sale or maturity of in- 86-139 (73 Stat. 388, as amended 75 Stkt. (g) Industrial and miscellaneous. vestments.' Total bonds and notes. 42; 7 U.S.C. 135 et seq.), and under the (For insurance companies). authority delegated to the Commissioner 2. Stocks Column A. Type of security. of Food and Drugs by the Secretary of Preferred stocks Bonds. Health, Education, and Welfare (25 F.R. Stocks--other than stocks of affiliates. 8625), the Commissioner has further ex- (h) Railroad. Stocks-affiliates. (i)Public utilities. tended the effective date of this statute Mortgage loans. as it affects section 408 of the Federal (J) Banks, trust and insurance companies. Real estate. (k) Industrial and miscellaneous. Other. Food, Drug, and Cosmetic Act for cer- Total preferred stocks. Total. tain specified uses of nematocides, plant regulators, defoliants, or desiccants. The Common stocks Income taxes allocable to realized gains. Net realized gains or losses. list previously published on § 120.37 (21 (1) Railroad. Column B. Aggregate cost. CFR 120.37; 26 F.R. 5920) is amended (in) Public utilities. Column C. Aggregate proceeds. by adding thereto the following new (n) Banks, trust and insurance companies. Column D. Gain or loss. items: (o) Industrial and miscellaneous. I All money columns shall be totaled. Total common stocks. § 120.37 Further extensions of effective Total stocks. § 210.12-31 [Revocation] date of Public Law 86-139 as it af- Total investments in securities other than V. Section 210.12-31, Profit and loss fects section 408 of the Federal securities of affiliates. on sale or maturity of investments, is Food, Drug, and Cosmetic Act. Column B. Actual cost. * S S S Column C. Book value. revoked. Column D. Market value. Column E. Amortized or investment Effective value of bonds and notes. date of Column F. Admitted asset value. Product Specified uses or restrictions statute extended 'All money columns shall be totaled. to- § 210.12-28 Investments in stocks of p-Chlorophenoxyacetio acid ------On cane berries and grapes to produce larger fruit.. Jan. 1,1964 affiliates.' Do --..---.-..------On figs to produce largo seedless fruit ------Do. Methyl ester of naphthaleneacetic acid- On potatoes to inhibit sprouting------Jan. 1,1963 (For insurance companies.) Pentachlorophenol ------On cotton and soybeans as a defoliant ------Do. Sodium salt of beta-naphthoxyacetic'acide ------On pineapples to delay maturation ------J uly 1, 1962 Column A. Name of2 issuer and title of 2,4,5-Trichlorophenoxyacetic acid or its butyl On grapefruit to increase size and control fruit drop. Do. issue. ester. Column B. Number of shares. 2,4,5-Trichloropbenoxyacetic acid or its tri- On apricots to improve color and control fruit drop. Jan. 1,1963 Column C. Actual cost. ethylamine salt. Column D. Book value. Column E. Market or estimated value.' Notice and public procedure are not Effective date. This order shall be- Column F. Admitted asset value necessary prerequisites to the promulga- come effective on the date of signature. I All money columns shall be totaled. tion of this order, and I so find, since (Public Law 85-19, 75 Stat. 42; 7 U.S.C. 135) 2 Group separately (a) stocks of insurance extensions of time, under certain condi- companies and (b) stocks of other affiliates. tions, for the effective date of the Nema- Dated: August 2, 1961. Within group (b) classify according to type tocide, Plant Regulator, Defoliant, and of business. Give totals for each group and Desiccant Amendment of 1959 were con- [SEAL] Gzo. P. LARRICK, class. templated by the statute as amended, Commissioner of Food and Drugs. IState the basis of determining the as a relief of restrictions on the agricul- [P.R. Doc. 81-7511; Filed, Aug. 8, 1961; amount. tural industry. 8:47 a.m.] Wednesday, August 9, 1961 FEDERAL REGISTER 7127

PART 120-TOLERANCES AND EX- Egective dat2. This order shall be age serving contains 5 grams or more of EMPTIONS FROM TOLERANCES effective on the date of its publication sorbitol, the label shall bear a statement FOR PESTICIDE CHEMICALS IN OR in the FEDERAL REGISTER. of the number of grams of sorbitol in ON RAW AGRICULTURAL COM- (Sec. 408(d) (2), 68 Stat. 512; 21 U.S.C. 346a an average serving of the food. The (d) (2)) average serving shall be expressed in MODITIES terms of a convenient unit or units of Dated: August 2, 1961. Tolerance for Residues of Sodium such food or as a convenient unit of Dehydroacetate [SEAL] GEO. P. LARRICK, measure that can be readily understood Commissioner of Food and Drugs. and utilized by purchasers of such food. A petition was filed with the Food and [F.R. Doc. 61-7512; Filed, Aug. 28, 1961; The label shall also bear a statement Drug Administration by The Dow Chem- 8:47 a.m.] that the consumption of more than 15 ical Company, Midland, Michigan, re- grams of sorbitol at one time or more questing- the establishment of a toler- than 40 grams of sorbitol per day may ance of 30 parts per million for residues PART 121-FOOD ADDITIVES have laxative effects. of sodium dehydroacetate, expressed as Any person who will be adversely dehydroacetic acid, in or on bananas Subpart D-Food Additives Permitted affected by the foregoing order may at from post-harvest use, of which residue in Food for Human Consumption any time prior to the thirtieth day from not more than 10 parts per million SOREITOL the date of its publication in the FEDERAL should be in the edible portion. REGISTER file with the Hearing Clerk, The Secretary of Agriculture has cer- The Commissioner of Food and Drugs, Department of Health, Education, and tified that this pesticide chemical is use- having evaluated the data submitted Welfare, Room 5440, 330 Independence ful for the purposes for which a tolerance in a petition filed by Germantown Manu- Avenue SW., Washington 25, D.C., is being established. facturing Company, 5100 Lancaster written objections thereto. Objections After consideration of the data sub- Avenue, Philadelphia 31, Pennsylvania, shall show wherein the person filing will mitted in the petition and other relevant and other relevant material has con- be adversely affected by the order and material which show that the tolerance cluded that the following regulation specify with particularity the provisions established in this order will protect the should issue in conformity with section of the order deemed objectionable and 'public health, and by virtue of the au- 409 of the Federal Food, Drug, and Cos- the grounds for the objections. If a thority vested in the Secretary of Health, metic Act, with respect to the food addi- hearing is requested, the objections must Education, and Welfare by the Federal tive sorbitol in nonstandardized frozen state the issues for the-hearing. A hear- Food, Drug, and Cosmetic Act (sec. 408 desserts for special dietary use. There- ing will be granted if the objections are (d) (2), 68 Stat. 512; 21 U.S.C. 346a(d) fore, pursuant to the provisions of the supported by grounds -legally sufficient to (2)) and delegated to the Commissioner act (sec. 409(c) (1), 72 Stat. 1786; 21 justify the relief sought. Objections may of Food and Drugs by the Secretary (25 U.S.C. 348(c) (1)), and under the au- be accompanied by a memorandum or F.R. 8625), the regulations for tolerances thority delegated to the Commissioner brief in support thereof. All documents for pesticide chemicals in or on raw agri- by the Secretary of Health, Education, shall be filed in quintuplicate. cultural commodities are amended by and Welfare (25 F.R. 8625), Subpart D of the food additive reguldtions (21 CFR Effective date. This order shall be adding to § 120.159 (21 CFR 120.159) a effective on tolerance for residues Part 121) is amended by adding thereto the date of its publication in of sodium de- the FEDERAL REGISTER. hydroacetic acid ' on bananas. As the following new section: amended, § 120.159 reads as follows: (Sec. 409(c) (1), 72 Stat. 1786; 21 U.S.C. § 121.1053 Sorbitol. 348(c) (1)) § 120.159 Tolerances for residues of The food additive sorbitol may be Dated: August 2, 1961. sodium dehydroacetate. safely used in food in accordance with Tolerances are established for residues the following prescribed conditions: [SEAL] GEO. P. LARRICK, of sodium dehydroacetate, expressed as (a) It is used or intended for use In Commissionerof Food and Drugs. dehydroacetic acid, from postharvest ap- nonstandardized frozen desserts for iF.R. Doc. 61-7513; Filed, Aug. 8, 1961; plication in or on raw agricultural com- special dietary use as a stabilizer and 8:47 a.m.] modities, as follows: nutritive sweetener in such amount that the average serving 65 parts per million in of such food will or on straw- not contain in excess.of 15 grams of the PART 121-FOOD ADDITIVES berries. additive, nor will the daily 30 parts per million consumption Subpart D-Food Additives Permitted in or on bananas, of the additive in such food exceed 40 of which residue not more than 10 grams. in Food for Human Consumption parts per million shall be in the pulp . (b) To assure safe use after peel is removed and discarded. of the additive, BHT (BUTYLATED HYDROXYTOLUENE) AND in addition to the other information re- BHA (BuTYLATED HYDROXYANISOLE) Any person who will.be adversely af- quired by the act: The fected by the foregoing order may at any (1) The label of the additive and any Commissioner of Food and Drugs, time prior to the thirtieth day from the intermediate premix shall bear: having evaluated the data submitted in date of its publication in the FEDERAL (i) The name of the additive. a petition filed by Kellogg Company, 235 REGISTER file with the Hearing Clerk, De- (ii) A statement of the concentration Porter Street, Battle Creek, Michigan, and other relevant partment of Health, Education, and or strength of the additive material, has con- Wel- in any inter- cluded fare, Room 5440, 330 Independence mediate premixes. that the following amendments to Avenue SW., Washington 25, D.C., writ- (2) The label or labeling of the addi- the food additive regulations should ten objections thereto. Objections shall tive shall also include: issue with respect to BHT (butylated hydroxytoluene) and BHA show wherein the person filing will be (i) Adequate directions to provide a (butylated hydroxyanisole) as antioxidants in dry adversely affected by the order and final product that complies with the lim- specify with particularity the provisions itations breakfast cereals. Therefore, pursuant prescribed in paragraph (a) of to the provisions of of the order deemed objectionable and this section. the act (sec. 409 (c)(1), 72 Stat. 1786; 21 U.S.C. 348(c) the grounds for the objections. If a (ii) Adequate labeling directions to (1)), and under the authority delegated hearing is requested, the objections must provide a finished food labeled as pro- to the Commissioner by the Secretary of state the issues for the hearing. A hear- vided in paragraph (c) of this section. Health, Education, and Welfare (25 F.R. ing will be granted if the objections are (c) To assure safe use of the additive, 8625), §§ 121.1034 and 121.1035 supported by grounds legally sufficient to in addition to the other information (21 CFR 121.1034, 121.1035; 26 F.R. 1053, 1984) of justify the relief sought. Objections required by the act, the label on the may be accompanied by the food additive regulations are amend- a'memorandum market package shall comply with the ed-as set forth below: or brief in support thereof. All docu- following: If the amount of a food that 1. Section 121.1034(b) is amended by ments shall be filed in quintuplicate. may reasonably be consumed as an aver- adding thereto a new subparagraph (2): No. 152-2 7128 RULES AND REGULATIONS

§ 121.1034 BHT (butylated hydroxy- Sec. that any eligible person will be received, toluene) as an antioxidant. 211.3 Certificates. upon request of the Secretary of State, * * 211.4 Notification to legal guardian, at the port of entry or debarkation upon spouse, next of kin, or interested arrival in the United States from a for- (b) * * * persons. country and be provided, to the 211.5 Action under State law; appointment eign (2) In dry breakfast cereals, alone or extent necessary, with temporary care, (butylated of guardian. in combination with BHA 211.6 Reception; temporary care, treat- treatment, and assistance, pending hydroxyanisole), whereby the maximum ment, and assistance. transfer and release or hospitalization amount of the additives, alone or in com- 211.7 Transfer and release of eligible per- pursuant to the Act. The Director shall bination, does not exceed 50 parts per son. also make suitable arrangements with million (0.005 percent) of the weight of 211.8 Continuing hospitalization. appropriate divisions of the Public the dry cereal. 211.9 Examination and reexamination. Health Service, Bureau of Medical Serv- 211.10 Termination of hospitalization. in 2. Section 121.1035(b) is amended by 211.11 Request for release from hospitaliza- ices, with Saint Elizabeths Hospital adding thereto a new subparagraph (4): tion. the District of Columbia, with Federal 211.12 Federal payments. hospitals outside of the Department, or § 121.1035 BHA (butylated hydroxyan- 211.13 Financial responsibility of the eligi- with other public or private hospitals to isole) as an antioxidant. ble person; collections, compro- provide the eligible person with care and * S S * * mise, or waiver of payment. treatment in a hospital. The Director 211.14 Disclosure of information. (b) * * * shall maintain a roster setting forth the (4) In dry breakfast cereals, alone or ATrHoRrry: §§ 211.1 to 211.14 issued under name and address of each eligible person sections 1-11, 74 Stat. 308-310; 24 U.S.C. 321- currently receiving care and treatment, in combination with BHT (butylated 329. hydroxytoluene), whereby the maximum or assistance, pursuant to the Act. amount of the additives, alone or in com- § 211.1 General definitions. § 211.3 Certificates. bination, does not exceed 50 parts per part: following certificates are neces- million (0.005 percent) of the weight of When used in this The (a) "Act" means Public Law 86-571, the dry cereal. sary to establish that an individual is an approved July 5, 1960, 74 Stat. 308, en- eligible person: Any person who will be adversely af- titled "An act to provide for the hos- (a) Certificates as to nationality. A fected by the foregoing order may at pitalization, at St. Elizabeths Hospital certificate issued by an authorized offi- any time prior to the thirtieth day from in the District of Columbia or elsewhere, cial of the Department of State, stating the date of its publication in the FEDERAL of certain nationals of the United States that the individual is a national of the REGISTER file with the Hearing Clerk, adjudged insane or otherwise found men- United States. Department of Health, Education, and tally ill in foreign countries, and for (b) Certificate as to mental condition. Welfare, Room 5440, 330 Independence other purposes"; Either (1) a certificate obtained or Avenue SW., Washington 25, D.C., writ- (b) The term "Secretary" means the transmitted by an authorized official of ten objections thereto. Objections shall Secretary of Health, Education, and the Department of State that the in- show wherein the person filing will be Welfare; dividual has been legally adjudged in- adversely affected by the order and (c) The term "Department" means sane in a named foreign country; or (2) specify with particularity the provisions the Department of Health, Education, a certificate of an appropriate authority of the order deemed objectionable and and Welfare; or person stating that at the time of the grounds for the objections. If a (d) The term "Director" means the such certification the individual was in hearing is requested, the objections must Director of the Bureau of Public Assist- a named foreign country and was in need state the issues for the hearing. A hear- ance of the Social Security Adminis- of care and treatment in a mental hos- ing will be granted if the objections are tration, Department of Health, Educa- pital. A statement shall, if possible, be supported by grounds legally sufficient tion, and Welfare; incorporated into or attached to the to justify the relief sought. Objections (e) The term "eligible person" means certificate furnished under this para- may be accompanied by a memorandum an individual with respect to whom the graph setting forth all available medical or brief in support thereof. All docu- certificates referred to in § 211.3 are and other pertinent information con- ments shall be filed in quintuplicate. furnished to the Director in connection cerning the individual. Effective date. This order shall be with the reception of an individual ar- (c) Appropriate authority or person. effective on the date of its publication In riving from a foreign country; For the purpose of paragraph (b) (2) of the FEDERAL REGISTER. (f) The term "Public Health Service" this section a medical officer of the Pub- the Public Health Service In the 11c Health Service or of another agency 21 means (Sec. 409(c)(1), 72 Stat. 1786; U.S.C. Department of Health, Education, and of the United States, or a medical prac- 348(c) (1)) Welfare; titioner legally authorized to provide Dated: August 2, 1961. (g) The term "agency" means an ap- care or treatment of mentally ill persons propriate State or local public or non- in the foreign country, is an "appro- [SEAL] GEO. P. LARRICK, person", and shall be Commissioner of Food and Drugs. profit agency with which the Bureau has priate authority or entered into arrangements for the pro- so identified In his execution of the [F.R. Doc. 61-7514; Filed, Aug. 8, 1961; vision of care, treatment, and assistance certificate. If such a medical officer or . 8:48 a.m.] pursuant to the Act; practitioner is unavailable, an author- (h) The term "State" means a State ized official of the Department of State or Territory of the United States, the may serve as an "appropriate authority Commonwealth of Puerto Rico, or the or person," and shall, in the execution Title 45- PUBLIC WELFARE District of Columbia; of the certificate, identify himself as Chapter Il-Bureau of Public Assist- (I) The term "residence" means resi- serving as such person due to the un- ance, Social Security Administra- dence as determined under the applicable availability of a suitable medical offi- law or regulations of a State or political cer or practitioner. Health, Educa- tion, Department of subdivision for the purpose of determin- §,211.4 Notification to legal guardian, tion, and Welfare ing the eligibility of an individual for public mental spouse, next of kin, or interested PART 211-CARE AND TREATMENT hospitalization in a persons. hospital. OF MENTALLY ILL NATIONALS OF (j) The term "legal guardian" means (a) Whenever an eligible person ar- THE UNITED STATES, RETURNED a guardian, appointed by a court, whose rives in the United States from a for- FROM FOREIGN COUNTRIES powers, duties, and responsibilities in- eign country, or when such person is Chapter II of Title 45 of the Code of clude the powers, duties, and responsi- transferred from one State to another, Federal Regulations, is amended by add- bilities of guardianship of the person. the Director shall, upon such arrival ing Part 211, as follows: or transfer (or in advance thereof, if § 211.2 General possible), provide for notification of his Sec. 211.1 General definitions. The Director shall make suitable ar- legal guardian, or in the absence of such 211.2 General. rangements with agencies to the end a guardian, of his spouse or next of kin, Wednesday, August 9, 1961 FEDERAL REGISTER 7129 or in the absence of any of these, of one endeavor to arrange with the appropri- mental illness as may be in force and or more interested persons, if known. ate State mental health authorities of generally applicable in the State in (b) Whenever 'ail eligible person is the eligible person's State of residence which the hospital is located, condi- admitted to a hospital pursuant to the or legal domicile, if any, for the assump- tionally release him if he finds that this Act, the Director shall provide for im- tion of responsibility for the care and is in his best interests. mediate notification of his legal guard- treatment of the eligible person by such (b) Notification to committing court. ian, spouse, or next of kin, if known. authorities and shall, upon the making In the case of any person hospitalized §211.5 Action under State law; ap- of such arrangements in writing, trans- under § 211.8 who has been judicially pointment of guardian. fer and release him to such authorities. committed to the custody of the Secre- If any other agency of the United States tary, the Secretary will notify the com- Whenever an eligible person is in- is responsible for the care and treatment mitting court in writing of the discharge capable of giving his consent to care and of the eligible person, the Director shall or conditional release of such person treatment in a hospital, either because make arrangements for his transfer and under this section or of his transfer and of his mental condition or because he is release to that agency. release under § 211.7. a minor, the agency will take appropriate action under State law, including, if nec- § 211.8 Continuing hospitalization. § 211.11. Request for release from hos- essary, procuring the appointment of a (a) Authorization and arrangements. pitalization. legal guardian, to ensure the proper In the event that appropriate arrange- If an eligible person who is hospital- planning for and provision of such care ments for an eligible person in need of ized pursuant to the Act, or his legal and treatment. continuing care and treatment in a hos- guardian, spouse, or adult next of kin, § 211.6 Reception; temporary care, pital cannot be accomplished under requests his release, such request shall be treatment, and assistance. § 211.7, or until such arrangements can granted by the Director if his best in- be made, care and treatment shall be terests will be served thereby, or by the (a) Reception. The agency will meet provided by the Director in Saint Eliza- head of the hospital if he is found not the eligible person at the port of entry beths Hospital in the District of Colum- to be in need of hospitalization by rea- or debarkation, will arrange for appro- bia, in an appropriate Public Health priate medical examination, and will son of mental illness. The right of the Service Hospital, or in such other suit- Director, or the head of the hospital, to plan with him, in cooperation with his able public or private hospital as the refuse such request and to detain him for legal guardian, or, in the absence of such Director determines is in the best in- -a guardian, with other interested per- care and treatment shall be determined terests of such person. in accordance with laws governing the sons, if any, for needed temporary care (b) Transfer to other hospital. At detention, for care and treatment, of and treatment. any time during continuing hospitaliza- (b) Temporary care, treatment, and persons alleged to be mentally ill as may tion, when the Director deems it to be be in force and applicable generally in assistance. The agency will provide for in the interest of the eligible person or temporary care, treatment, and assist- the State in which such hospital is lo- of the hospital affected, the Director cated ,,but in no event shall the patient ance, as reasonably required for the shall authorize the transfer of such per- health and, welfare of the eligible per- be detained more than forty-eight hours son from one hospital to another and, (excluding any period of time falling on son. Such care, treatment, and assist- where necessary to that end, the Direc- ance may be provided in the form of a Sunday or a legal holiday observed by tor shall authorize the initiation of ju- the courts of the State in which such hospitalization and other medical and dicial proceedings for the purpose of remedial care (including services of nec- hospital is located) after the receipt of obtaining a commitment of such person such request unless within such time essary attendants), food and .lodging, to the Secretary. money payments, transportation, or (a) judicial proceedings for such hos- (c) Place of hospitalization. In de- pitalization are commenced or (b) a other goods and services. The agency termining the placement or transfer of will utilize the Public Health Service judicial extension of such time is ob- an eligible person for purposes of hos- tained, for a period of not more than General Hospital nearest to the port of pitalization, due weight shall be given entry or debarkation or any other suit- five days, for the commencement of such to such factors as the location of the -proceedings. able public or private hospital, in provid- eligible person's legal guardian or fam- ing hospitalization and medical care, ily, the character of his Illness and the § 211.12 Federal payments. including diagnostic service as needed, probable duration thereof, and the facil- pending other appropriate arrangements ities of the hospital to provide care and The arrangements made by the Direc- for serving the eligible person. tor with an agency or hospital for carry- treatment for the particular health ing out the purposes of the Act shall § 211.7 Transfer and release of eligible needs of such person. provide for payments to such agency or person. § 211.9 Examination and reexamina- hospital, either in advance or by way of (a) Transfer and release to relative. tion. reimbursement, of the costs of recep- If at the time of-arrival from a foreign Following admission of an eligible tion, temporary care, treatment, and as- country or any 'time during temporary person to a hospital for temporary or sistance, continuing care and treatment, or continuing care and treatment the Di- continuing care and treatment, he shall and transportation, pursuant to the Act, rector finds that the best interests of the be examined by qualified members of and payments for other expenditures eligible person will be served thereby, and the medical staff as soon as practicable, necessarily and reasonably related to a relative, having' been fully informed but not later than the fifth day after his providing the same. Such arrangements of his condition, agrees in writing to as- admission. Each such person shall be shall include the methods and proce- sume responsibility for his care and reexamined at least once within each six dures for determining the amounts of treatment, the Director shall transfer month period beginning with the month the advances or reimbursements, and for and release him to such relative. In de- following the month Jn which he was remittance and adjustment thereof. termining whether his best interests'will first examined. be served by such transfer and release, § 211.13 Financial responsibility of the § 211.10 Termination of hospitaliza- eligible person; collections, com- due weight shall be given to the relation- promise, or waiver of payment. ship of the individuals involved, the fi- tion. nancial ability of the relative to provide (a) Discharge or conditional release. (a) For temporary care and treat- for such person, and the accessibility to If, following any examination, the head ment. If an eligible person receiving necessary medical facilities. of the hospital finds that the eligible per- temporary care, treatment, and assist- (b) Transfer and release to appropri- son hospitalized for mental illness ance, pursuant to the Act, has financial ate State authorities, or agency of the (whether or not- pursuant to a judicial resources available to pay all or part of United States. If appropriate arrange- commitment) is not in need of such hos- the costs of such care, the Director shall ments cannot be accomplished under pitalization, he shall be discharged. In require him to pay for such costs, either paragraph (a) of this section, and if no the case where hospitalization was pur- in advance or by way of reimbursement, other agency of the United States is suant to a judicial commitment, the unless in his judgment it would be in- responsible for the care and treatment head of the hospital may, in accordance equitable or impracticable to require such of the eligible person, the Director shall with laws governing hospitalization for payment. 7130 RULES AND REGULATIONS

(b) For continuing care and treat- 3. Comments in response to the Com- ment. Any eligible person receiving con- Title 47-TELECOMMUNICATION mission's proposal have been filed tinuing care and treatment in a hospital, Chapter I-Federal Communications by American Broadcasting-Paramount or his estate, shall be liable to pay or Commission Theatres, Inc. (ABC), Radio Carmichael contribute toward the payment of the (an applicant), the Federal Communica- costs or charges therefor, to the same [Docket No. 13913"; FCC 61-1021] tions Bar Association, Coastal Broad- extent as such person would, if a resi- casting, Inc. (an applicant), Harve Musi- dent of the District of Columbia, be liable PART 1-PRACTICE AND PROCEDURE casters (an applicant), Cal-Coast Broad- to pay, under the laws of the District of casters (licensee of standard broadcast Columbia, for his care and maintenance Agreements Between Parties for Amendment or Dismissal of, or station KSEE, Santa Maria, California), in a hospital for the mentally ill in that and Kern County Failure Broadcasting Co. jurisdiction. to Prosecute Broadcast Ap- (licensee of KLYD, KLYD-FM, and (c) Collections, compromise, or waiver plications KLYD-TV, Bakersfield, Calif.). o1 payment. The Director may, in his 1. The 4. Enactment of section 311(c) by the discretion, where in his judgment sub- Commission has before it 'for consideration its notice of proposed rule Communications Act Amendments, 1960 stantial justice will be best served thereby articulated Congressional recognition or the probable making released January 13, 1961, of recovery will not warrant the problems attendant to so-called the expense of collection, compromise, wherein amendments to § 1.316 of the "pay-offs" in the Commission's rules were proposed so as prosecution of mutually or waive the whole or any portion of, exclusive broadcast. applications before any claim for to implement sections 311 (c) and 307 (b) continuing care and treat- the Commission. Congress therein con- ment, and assistance, and of the Communications Act of 1934. in the process ditioned Commission approval of agree- of arriving at such decision, Section 311(c) provides, inter alia, that the Director ments which would cause an applicant may make or cause to be made such in- it shall be unlawful for any applicants to withdraw upon certain findings with vestigations as may be necessary to de- for broadcast facilities to effectuate by respect to the amount to termine the ability of agreement the removal of any mutually be paid to the the patient to pay withdrawing applicant and with respect or contribute toward the cost of his exclusive application without the ap- con- to whether the agreement was otherwise tinuing care and treatment in a hospital. proval of the Commission, and that the Commission shall approve such agree- in the public Interest. While these pro- § 211.14 Disclosure of information. ment only if it finds it to be consistent visions of section 311(c) and § 1.316 of (a) All certificates, records, reports, or with the public interest, convenience, or the rules, as now written, give the Com- other papers, or any information received necessity. Section 311 further provides mission some control over agreements to at any time by the Secretary or by an that the Commission may not find an withdraw where a section 307(b) issue officer or employee of the Department in agreement to be in the public interest if is present, they fail to provide us with the course of discharging the duties (unless it contemplates a merger) 'it con- completely adequate means to carry out under the Act, and that are not other- templates the making of a payment to a our statutory mandate under section 307 wise a matter of public record, shall be party for the withdrawal of his appli- (b). For it is the view of the Commis- kept confidential and shall not be dis- cation which is in excess of his legiti- sion that before a determination Is made closed except insofar: mately expended and to be expended whether particular withdrawal agree- (1) As the eligible person or his legal costs in connection with the prepara- ments, which resolve the 307(b) issue ac- guardian, if any (or, if he is a minor, his tion, filing, and advocacy of the grant cording to the private interests of the applicants, parent or legal guardian), shall consent, of the application. Section 307(b) en- are in the public interest, op- or joins the Commission "to provide a fair, portunity should be afforded to other efficient, and equitable interested parties to succeed to the facil- (2) As disclosure may be necessary to distribution of radio service among ities sought to be withdrawn. carry out any functions the several of the Secretary States and communities." 5. This can be accomplished through under the Act, or 2. On January 11, 1961, the Commis- the proposed rule as, in substance, it (3) As disclosure may be directed by sion adopted amendments to § 1.316 of suspends the operation of the "cut-off" the order of a court of competent juris- the Rules to implement the above provi- rules, thus enabling the Commission to diction. sions of section 311 and to enable the accept additional applications for the (b) Where arrangements are made Commission to ascertain the facts where facilities sought to be withdrawn. with an agency or hospital for care, an agreement has been entered into be- Should another application be filed, the treatment, and assistance pursuant to tween conflicting applicants. The same Commission can then evaluate the rel- ative tl~e Act, provisions shall be made to as- day we adopted the notice of proposed needs of the communities con- cerned, sure that no voluntary disclosure shall rule making which is the subject of this instead of having the 307(b) issue precluded by an agreement between be made of any information received Report and Order. The notice expressed by the applicants which results in the with- such the Commission's concern over those agency or hospital in the course of drawal of one applicant with no oppor- discharging cases in which a section 307(b) issue was the duties under such ar- initially tunity for other interested persons to rangement presented by mutually exclu- except as provided in para- sive applications but which disappeared apply for the same facilities. graph (a) of this section. upon withdrawal of an application pur- 6. The necessity to make this oppor- (c) Nothing in this section shall pre- suant to an agreement between the tunity available is particularly pressing clude disclosure, upon proper inquiry, of parties. In such cases, instead of a when a 307(b) issue is presented, for the information as to the Presence of an Commission determination that one grant of the remaining application may eligible person in a hospital, or as to his community rather than another should totally preclude the establishment of fa- cilities in the community general condition and progress. receive a grant of broadcast facilities, as which the with- drawing applicant had sought 'to serve. Effective contemplated by section 307(b), the con- date. This part shall become flict between the Although it is not uncommon for the parties was resolved grant effective on the effective date of the solely on the basis of their private inter- of broadcast facilities (particularly Act appropriating funds for the admin- ests. It was proposed therefore that the for standard broadcast stations) to pre- istration of Public Law 86-571. commission clude the establishment of further service in other communities, and though much * * * consider Dated: July 20, 1961. approval of an agreement of the distribution of facilities has thus [SEAL] WILLIAM L. MITCHELL, for the withdrawal of the only application In been made on a random demand basis, . Commissioner of Social a community in a section 307(b) case only the situation with which we Security. after other persons have been afforded are here an concerned is different. For the proposed Approved: August 1, 1961. opportunity to apply for a station on the same frequency, in the same community and rule is not directed to the situation where ABRAHAM RIBICOFF, with substantially the same engineering there is but one application before us, Secretary. characteristics as the application to be with- but touches only those cases wherein drawn, and thus succeed to the there has been [F.R. demand for demand for broadcast Doc. 61-7516; Filed, Aug. 8, 1961; service which As to be removed by the agree- facilities In 8:48 a.m.] a particular community, ex- ment between the parties. pressed in an application, and where Wednesday, August 9, 1961 FEDERAL REGISTER 7131 that application is then proposed to be set out below. While the prompt dis- sions of other rules. Local notice of the withdrawn via an agreement between posal of all matters before us is desired, time within which new applications may competing parties. In these circum- speed as a goal in the administrative be filed must also be given by the with- stances, we make the considered judg- process cannot be pursued irrespective of drawing applicant. ment that our statutory responsibility the results achieved. 13. Rule changes are not-normally ef- under section 307(b) will be met and the 9. Objection to the rule has also been fective until 30 days after publication in public interest best served by protecting raised on the ground that situations will the FEDERAL REGISTER. However, the the broadcasting needs of- particular arise where, because of a fundamental Commission is of the opinion that good communities for which broadcast facili- engineering defect in an application or cause is present to make the rule effec- ties have been proposed, and then with- because of intervening grants by the tive immediately upon publication in drawn, by providing, by rule, for further Commission or other changed circum- the FEDERAL REGISTER. Delay in the opportunity where appropriate for other stances, an applicant may have good processing of applications now before us persons to apply for the facilities sought cause to enter into an agreement to to which the rule may be applicable to be withdrawn. withdraw, and that in these cases invit- otherwise will be encountered.. The 7. In its direct operation, then, the ing further applications which face the Commission is of the opinion that the rule will serve the public interest by same obstacles is not warranted. We public interest would be served by avoid- providing further opportunity in certain are not persuaded, however, that this ing such delay and making the rule cases for interested persons to apply for possibility negates the utility of the pro- effective upon publication in the FEDERAL the facilities sought to be withdrawn posed rule. It calls for the elapse of a REGISTER. Pursuant, therefore, to § 1.219 when there Is a 307(b) Issue present. brief period and public notice to provide of the rules and section 4(c) of the Ad- Benefit can also be expected, however, opportunity for the filing of a substi- ministrative Procedure Act, the rule in this situation, insofar as the rule acts tute application to serve the same prin- changes adopted herein will become ef- to deter those who would use our proc- cipal city only in cases where the fective August 15, 1961. esses for their private gain. For those previous applicant withdraws pursuant '14. In view of the foregoing the Com- who now file applications with the expec- to agreement with a party with opposed mission Is of the opinion that the public tation that they will be able to bring interests who undertakes to give con- interest would be served by adoption of about the withdrawal of competing ap- sideration for the withdrawal. Whether the rule as set forth below. It is.there- plicants for other communities through in these circumstances an alleged or lore ordered, Pursuant to the authority a merger, or those who file an application apparent defect is curable may properly of sections 4 (i) and (j), 303(r), 307(b), in the expectation that they can extract be left for adjudication of any substi- and 311(c) of the Communications Act a merger with a more favorable compet- tute application which may be filed.. of 1934, as amended, that effective Au- ing application as the price for the with- Moreover, even if in some cases with- gust 15, 1961, Part 1 of the Commission's drawal of their application will be con- drawal is in fact induced by changed rules and regulations is amended as set fronted with the fact that no such agree- circumstances warranting such decision forth below. ment can be entered into without the on the part of the previous applicant' (Sec. 4, 48 Stat. 1066, as amended; 4'7 U.S.C. possibility of other parties coming in and we do not discern therein reasons for 154. Interprets or applies sec. 303, 48 Stat. succeeding to the application sought to failing to provide opportunity for the 1082, as amended; 47 U.S.C. 303) be withdrawn. Section 311(c) of the same community to obtain service Act now operates in much the same through a substitute application. Adopted: August 1, 1961. manner in the area of pay-offs as no 10. As originally proposed the require- Released: August 4, 1961. agreements may be approved by the ments of the Rule for publication of the Commission which contemplate the pay- FEDERAL COMMUNICATIONS fact of a proposed withdrawal and the COMMISSION, ment of more than the legitimately ex- subsequent acceptance of new applica- pended and to be expended costs in [SEAL] BEN F. WAPLE, tions would be imposed whenever a with- Acting Secretary. connection with the filing and advocacy drawal agreement was entered into and of the application to be withdrawn. The a section 307(b) Issue was present. It 1. Section 1.316 is amended by re- Commission does not expect, however, is apparent, however, that certain agree- designating'paragraphs (b), (c) and (d) that the deterrent aspect of the rules will ments between competing applicants as paragraphs (c), (d) and (e), and add- discourage bona fide applicants from fil- may by the withdrawal of a particular ing a new paragraph (b) as follows: ing for broadcasting facilities but we do application actually accomplish the fair, § 1.316 .Agreements between parties for expect that our responsibility under sec- efficient and equitable distribution of amendment or dismissal of, or fail- tion 307(b) will be more fully met. service which is our goal. It is not the ire to prosecute broadcast applica- 8. The additional time which would be purpose of the Commission to discourage tions. allowed for filing further applications such a result and we have; accordingly, under the rule (two weeks for publica- amended the rule to provide that further tion plus 30 days), plus the added delay opportunity for new persons to apply for (b) (1) Whenever two or more con- necessitated by a hearing should further the facilities sought to be withdrawn will flicting applications for construction applications be filed, has been criticized be accorded only when withdrawal of an permits for broadcast stations pending by commenting parties as unfairly add- application through an agreement would before the Commission involve a deter- ing to the time that a party must wait unduly impede that distribution of radio mination of fair, efficient and equitable distribution of service pursuant to sec- before his application can be acted on service which is required by section 307 tion 307(b) of the Communications Act, by the Commission, and which time of the Communications Act. (b) and an agreement is entered into to pro- would be eliminated if agreements were 11. ABC in its comments has expressed approved and the rule not in effect. doubts about the legal authority to sup- cure the withdrawal (by amendment to ABC in particular has noted that the port adoption of the rule. Although specify a different community or by rule may seriously lengthen the time section 311 does not explicitly provide dismissal pursuant to § 1.312) of the only application or applications seeking the within which badly needed service can for the rule, we think it clear that our be brought to the public in two areas- broad authority and responsibility under same facilities for one of the communi- the "clear channel" and Docket 13340 ties involved, all parties thereto shall section 307(b) provide a fully adequate file the joint request and affidavits speci- proceedings--by discouraging consolida- basis for the course here adopted. fied in paragraph (a) .of this section. If tion of interests -between competing 12. The Rule (as set out below) has applicants for clear channel frequencies upon examination of the proposed agree- been clarified to indicate that where ment the Commission or the Chief Hear- and additional television stations in than 30 d~ys is otherwise available more ing Examiner (where he has jurisdiction major markets (when the Commission to file a new application, the time within acts in these areas) and forcing them which new applications must be filed is under section 0.224(b) (10) of the Com- to conduct protracted hearings. Our not limited to 30 days after the required mission's Statement of Organization, considered judgment is that in all cases publication Is completed. Similarly, no Delegations of Authority and Other In- where 307(b) issues arise our responsi- less than 30 days will be permitted to file formation) finds that withdrawal of one bility under that section can best be dis- a new application after publication of of the applications would unduly impede charged through adoption of the rule as the notice notwithstanding the provi- achievement of a, fair, efficient and 7132 RULES AND REGULATIONS

equitable distribution of radio service tive consideration with other pending Canada: District among the several States and communi- mutually exclusive applications. If the That part of Canada east of the ties, then the Commission or Chief application of any party to which the Richelieu, St. Lawrence, and St. Maurice Hearing Examiner shall order that fur- new application may be in conflict has Rivers to La Tuque on the ther opportunity north and thence a straight line be afforded for other been designated for hearing, any such due north to the Canadian bor- persons to apply for the facilities speci- new application will be entitled to con- der ------1 fied in the application or applications to solidation in the proceeding. That part of Canada west of the be withdrawn before acting upon the [P.R. Doe. 61-7530; ,Filed, Aug. 8, 1961; Richelieu, St. Lawrence, and St. pending request for approval of the 8: 50 am.) Maurice Rivers to La Tuque on the agreement. north and thence a straight line (2) Upon issuance of an order under due north to the Canadian bor- subparagraph der; and east of Highways 19 and (1) of this paragraph, any 8 from Port Burwell to Goderich, party proposing to withdraw its appli- Title 49-TRANSPORTATION thence a straight line running cation shall cause to be published a north through Tobermory and notice of such proposed withdrawal twice Chapter I-nterstate Commerce Sudbury and thence due north a week for the two weeks immediately Commission to the Canadian border ------2 following That part of Canada on the west of issuance of the order in a daily SUBCHAPTER B-CARRIERS BY MOTOR VEHICLE newspaper of general circulation pub- Highways 19 and 8 from Port Bur- lished in the community in which [Ex Parte No. MC-401 well to Goderich, thence a straight it was line running north through Tober- proposed to locate the station, or, if PART 190-GENERAL mory and Sudbury and thence due there is no such daily newspaper pub- north to the Canadian border; and lished in the community, then in the Qualifications and Maximum Hours on the east of Highway 11 from daily newspaper having the greatest gen- of Service of Employees of Motor Nipigon to Macdiarmid and thence a straight line due north to the eral circulation in the community. Carriers and Safety of Operation (i) The notice shall set forth the name Canadian border ------8 and Equipment of the applicant; the location, fre- That part of Canada west of High- way 11 from Nipigon to Macdiar- quency and power of the facilities pro- At a session of the Interstate Com- mid and thence a straight-line due posed in the application; the location merce Commission, Motor Carrier Board north to the Canadian border; and of the station or stations proposed in the No. 2, held in Washington, D.C., on the on and east of Highway 6 from applications with which it is in conflict; 25th day of July A.D. 1961. Regway to Melfort and thence a the fact that the applicant proposes to The matter of field offices designated straight line due north to the Ca- withdraw the application; and the date for filing of reports under the Motor nadian border ------9 upon which the last day of publication Carrier Safety Regulations prescribed by That part of Canada west of High- way 6 from Regway to Melfort and shall take place. order of April 14, 1952, as amended by thence a straight line due north (ii) Such notice shall additionally in- orders of March 25, 1953, and April 21, to the Canadian border, and all of clude a statement that new applica- and October 28, 1958, being under con- the Province of Alberta ------13 tions for a broadcast station on the same sideration; and All of the Province of British Co- frequency, in the same community, with It appearing that more efficient and lumbia ------15 substantially the same engineering expeditious handling of Commission Mexico: characteristics and proposing to serve b u si n e s s warrants modification of Baja California and Sonora...... 16 substantially § 190.40(b) Those in all other Mexican States the same service area as the of the Code of Federal Regu- except the State of Chihuahua_--_ 12 application sought to be withdrawn, lations (49 CFR 190.40(b)) only to the State of Chihuahua------13 timely filed pursuant to the Commis- extent of designating where motor car- (Sec. 204, 49 Stat. 546, as amended; 49 U.S.C. sion's rules, or filed, in any event, with- riers domiciled in the state of Chihuahua, 304) in 30 days from the last date of publica- Mexico, shall file accident and hours of tion of the notice (notwithstanding any service reports and good cause appear- It is further ordered, That this order provisions of the rules normally requiring ing therefor; shall be effective August 15, 1961, and earlier'filing of a competing application), It further appearing that this modifi- shall continue in effect until further will be entitled to comparative consider- cation concerns only the designation of order of the Commission. , ation with other pending mutually exclu- a place where motor carriers located In And it is further ordered, That notice sive applications. the state of Chihuahua, Mexico, shall file of this order shall be given to the general (iii) Within 5 days of the last day of with the Commission reports required by public by depositing a copy thereof in the publication of the notice, the applicant the Motor Carrier Safety Regulations, Office of the Secretary of the Commis- proposing to withdraw shall file a state- and is an agency procedure, and there- sion, Washington, D.C., and by filing a ment in triplicate with the Commission, fore, pursuant to section 4(a) of the Ad- copy thereof with the Director, Office setting forth the dates on which the ministrative Procedure Act (60 Stat. 237, of the Federal Register. notice was published, the text of the 5 U.S.C. 1003), for good cause it is found notice and the newspapers in which the that notice of proposed rule making is By the Commission, Motor Carrier notice was published. unnecessary; Board No. 2. (3) Where the Commission or Chief It is ordered,That in paragraph (b) of [SEAL] HAROLD D. McCoy, Hearing Examiner orders that further § 190.40 of the Code of Federal Regula- Secretary. opportunity be afforded for other per- tions (49 CFR 190.40(b)), the territory sons to apply for the facilities sought to included in District No. 12, under the [FR. Doc. 61-7523; Filed, Aug. 8, 1961; 8:49 be withdrawn, no application of any sub heading Mexico, be and it is hereby, a.m.I party to the agreement will be acted amended to read "Those in all other upon by the Commission less than 30 Mexican states except the state of days from the last day of publication of Chihuahua," and the territory included the notice specified in subparagraph (2) in District No. 13 be, and it is hereby, Title 50-WILDLIFE AND of this paragraph. Any applications for amended to read "state of Chihuahua." a broadcast station on the same fre- As so amended § 190.40(b) reads as FISHERIES quency in the same community, with follows: substantially the same engineering Chapter I-Bureau of Sport Fisheries characteristics and proposing § 190.40 Accident and hours of service and Wildlife, Fish and Wildlife to serve reports. substantially the same service area as Service, Department of the Interior the application sought to be withdrawn, filed within the 30 day period following (b) Reports by foreign carriers,where PART 32-HUNTING the last date of publication of filed. Motor carriers having their prin- the notice Wheeler National Wildlife Refuge, (notwithstanding any provisions of this cipal place of business outside the Chapter normally requiring earlier filing borders of the United States shall file the Alabama of a competing application) or otherwise reports required by §§ 194.5, 194.7, 194.9, The following special regulation is timely filed pursuant to the provisions of and 195.9 of this subchapter at district issued and is effective on date of publi- this chapter will be entitled to compara- offices as follows: cation in the FEDERAL REGISTER. Wednesday, August 9, 1961 FEDERAL REGISTER 7133

§ 32.22 Special regulations; upland (1) Weapons: Shotguns only, with game; for individual wildlife refuge maximum capacity of three (3) shells. areas. (2) Dogs: The use of dogs is permitted. ALABAMA (e) Other provisions: (1) The provisions of this special REFUtGE WHEELER NATIONAL WILDLIFE regulation supplement the regulations Public hunting of upland game on the which govern hunting on wildlife refuge Wheeler National Wildlife Refuge, Ala- areas generally which are set forth in bama, is permitted only on the area Title 50, Code of Federal Regulations, designated by signs as open to hunting. Part 32. This open area, comprising 10,500 acres (2) A Federal permit is required to or 60% of the total area of the refuge, enter the public hunting area. Permits is delineated on a map available at the may be obtained from the Refuge Man- refuge headquarters and from the Re- ager, Wheeler National Wildlife Refuge, gional Director, Bureau of Sport Fish- Decatur, Alabama, starting February 5, eries and Wildlife. Hunting shall be 1962. subject to the following conditions: (3) The provisions of this special reg- (a) Species, permitted to be taken: ulation are effective to February 18, Rabbit, crow, fox. 1962. (b) Open season: 8:00 a.m. to 5:00 WALTER A. GRESH, p.m. (Standard Time), February 12, Regional Director, Bureau of 1962 through February 17, 1962. Sport Fisheries and Wildlife. (c) Daily bag limits: Rabbits 6; crow, no limit; fox, no limit. [F.R. Doc. 61-7504; Filed, Aug. 8, 1961; (d) Methods of hunting: 8:46 a.m.] Proposed Rule Making

(Sec. 9, 37 Stat. 318, 7 U.S.C. Inter- material issues are based on evidence prets or applies sec. 5, 37 Stat. 316; 7 U.S.C. presented at the hearing and the record DEPARTMENT OF HEALTH, EDU- 159) thereof: CATION, AND WELFARE This amendment would allow the im- 1. The utilization now designated as portation of mangoes into Guam from Class III, Class III(a) and Class IV Food and Drug Administration the Philippine Islands, a movement now should be included in one class (Class III) and priced at the average price per [ 21 CFR Part 1201 prohibited. Mango-fruit-infesting in- sects known to exist in the Philippine hundredweight for manufacturing grade TOLERANCES A N D EXEMPTIONS Islands also occur in Guam. Such im- milk, f.o.b. plants In WiSconsin and TOLERANCES FOR PESTICIDE ports would be subject t9 treatment Minnesota as reported by the United FROM States Department of Agriculture. CHEMICALS IN OR ON RAW AGRI- should economically' important insects unknown in Guam be observed on the Under the present provisions of the CULTURAL COMMODITIES fruit. order, Class IV includes all milk and Notice of Filing of Petition All persons who desire to submit milk products the butterfat from which written data, views, or arguments in con- is contained in butter and cheese, except Pursuant to the provisions of the nection with this matter should file the cottage cheese. Class 11(a) is milk and Federal Food, Drug, and Cosmetic Act same with the Director of the Plant milk products the butterfat from which (see. 408(d)(1), 68 Stat. 512; 21 U.S.C. Quarantine Division, Agricultural Re- is used principally in condensed milk and 346a(d)(1)), notice is given that a search Service, U.S. Department of skim milk, evaporated milk, whole milk petition has been filed by Phoenix Gems, Agriculture, Washington 25, D.C., within powder, nonfat dry milk and malted Inc., 1701 East Elwood Street, Phoenix, 30 days after the date of publication of milk. Class III includes all milk and Arizona, proposing the establishment of this notice in the FEDERAL REGISTER. milk products the butterfat from which an exemption from the requirement of is contained in any manufactured prod- a tolerance for residues of diatomaceous Done at Washington, D.C., this 4th uct not named in the other order classi- earth when used as a post harvest treat- day of August 1961. fications or excluded from the other ment for barley, buckwheat, corn, oats, [SEAL] E. P. REAGAN, classes under specified conditions.. rice, rye, sorghum grain (milo), and Director, A number of proposals were made to wheat. Plant QuarantineDivision. -change the present pricing provisions The analytical method proposed in the relating to milk utilized in Class III, petition for determining residues of dia- IP.R. Doc. 61-7527: Filed, Aug. 8. 1961; Class II(a) and Class IV. These in- tomaceous earth is based on microscopic 8:50 a.m.) cluded (besides the price for manu- examination of the grain. facturing grade milk in Minnesota and Agricultural Stabilization and Dated: August 1, 1961. Wisconsin) adjusting the make allow- Conservation Service ance in the present Class IV price for- [SEAL] ROBERT S. ROE, mula, and use of (1) the Midwest con- Director,Bureau of [7 CFR Part 941 1 densery price, (2) a separate pricing Biological ahid PhysicalSciences. formula for American cheese, (3) prices [F.R. Doc. 61-7515; Filed. Aug. 8. 1961; [Docket No. AO-101-A241 paid dairy farmers for manufacturing 8:48 a.m.] MILK IN CHICAGO, ILL., grade milk at various types of manufac- ° turing plants in Wisconsin, and (4) the MARKETING AREA prices paid dairy farmers for manufac- Decision- on Proposed Amendments turing grade milk at plants operated by DEPARTMENT OF AGRICULTURE to Tentative Marketing Agreement Order 41 handlers. Agricultural Research Service A number of Chicago handlers oper- and to Order ate facilities for handling both Grade [7 CFR Part 319 1 Pursuant to the provisions of the Agri- A and ungraded milk. Thirty-two such handlers receive manufacturing grade AND cultural Marketing Agreement Act of ENTRY INTO GUAM OF FRUITS 1937, as amended (7 U.S.C. 601 et seq.), milk at 47 locations where regulated and VEGETABLES and the applicable rules of practice and unregulated milk is received or processed Leafy Vegetables, Celery, Potatoes, procedure governing the formulation of into manufactured products on the same marketing agreements and marketing premises. During 1959, 988 million and Mangos, from Philippine orders (7 CFR Part 900). a public hear- pounds of ungraded milk were received Islands ing was held at Chicago, Illinois, on April at 30 of these plants. The 30 plants also Notice is hereby given in accordance 4 to April 7, 1961, pursuant to notice handled 1,080 million pounds of milk, with section 4 of the Administrative thereof issued March 13, 1961 (26 F.R. skim milk and cream regulated by the Procedure Act (5 U.S.C. 1003) that, pur- 2314). order. This involved 48 million pounds Upon the basis of the evidence intro- of butterfat, representing 59 percent of suant to the proviso in the Fruit and III, Vegetable Quarantine (7 CFR 319.56) duced at the hearing and the record the butterfat utilized in the Classes and § 319.56-2 of the regulations supple- thereof, the Deputy Administrator, II(a) and IV. mental to the said quarantine (7 CFR Price and Production, Agricultural Sta- Order 41 milk is commingled with the 319.56-2) under sections 5 and 9 of the bilization and Conservation Service, on other milk and milk products and proc- Plant Quarantine Act of 1912, as June 9, 1961 (26 P.R. 5318; F.R. Doc. essed into many manufactured dairy amended (7 U.S.C. 159, 162), it is pro- 61-5499), filed with the Hearing Clerk, products. Some plants specialize and posed to amend § 319.56a(a) (4) of ad- United States Department of Agricul- produce only one product. Other plants ministrative instructions appearing as ture, his recommended decision contain- have multiple operations and use the 7 CFR 319.56a(a) to read as follows: ing notice of the opportunity to file commingled milk in more than one prod- 3 1 9 5 6 written exceptions thereto. uct, which may or may not be in differ- § . a Administrative instructions The material issues on the record of ent classes. Handlers can and do shift and interpretation relating to entry the hearing relate to: the utilization of their milk from one into Guam of fruits and vegetables pricing of milk classification to another over a period of under § 319.56. 1. Classification and used for manufacturing purposes. time. The operators of flexible plants (a) * * * 2. Changing the requirements for a can do this within their own operations (4) Leafy vegetables, celery, potatoes, shipping plant to qualify as a pool plant. by. changing the amount of milk used and mangoes, from the Philippine Findings and conclusions. The fol- from one product to another, or by al- Islands. lowing findings and conclusions on the locating the milk handled in a manner 7134 Wednesday, August 9, 1961 FEDERAL REGISTER 7135

a different classification. individual class prices and the competi- During eight months of 1959, the which results in would have resulted in there need not be tive level of manufacturing grade milk cheese formula In the latter instance prices ranging from two to 23 cents low- in the over-all production for the same uses, the more incentive any changes er than the Class IV prices. In each in the plant but there is to shift products into the lower of various products for- in the method of oper- priced class uses because of wider op- month of 1959, the proposed cheese rather changes would have been lower than handlers can shift milk erating margins. As a result, producers' mula prices ating. Other prices paid for manufacturing grade classification by shipping milk to other incomes are adversely affected through at the 14 plants operated by Chicago plants engaged in processing different lower prices for their milk. milk A separate classification and pricing handlers by 14 to 26 cents. The proposed products. would guarantee In recent years there has been an in- formula for specific manufactured prod- cheese price formula a substantial margin for milk creased use of milk in Class IV products. ucts or groups of products, such as the handlers cheese, regardless of While the total order milk available for proposals pertaining to American cheese, used in American uses has increased, the would tend to assure handlers whose the relationship of cheese prices to other manufacturing prices. No incen- quantity used in Class III(a) has dropped milk goes into these segregated uses, an manufactured product for handlers to sharply and the proportion used in Class operating margin, regardless of market tive would be provided use has declined significantly. fluctuations in the specific product prices seek the higher-valued outlets unless III were The shifts in classification are related in relationship to other manufactured operating margins in other classes Thus, producers would in part to changes in relationships be- dairy product prices. Supporters of a more favorable. receive the highest use value for tween order class prices and the com- formula based upon yields, product not Further, the relatively lower petitive prices paid to dairy farmers for prices and make allowances for pricing their milk. American manufacturing grade milk used in the milk used in American cheese pointed out order price for milk used in unregu- products. Several measures of that during some months of 1960 the cheese would attract additional same to the pool which latter prices were presented; one demand for cheese was strong and, con- lated milk supplies these regular pro- of these is the midwestern condensery sequently, prices were favorable relative would further disadvantage the Chicago market. pay price, which is the Class I1(a)' to other dairy product prices. If the pro- ducers for production price. Another is the average of prices posed classification and pricing for The total milk used in the farmers for manufacturing grade American cheese had been in effect dur- of American cheese under the order, paid been propor- milk testing 3.5 percent butterfat de- ing 1960, producers would have received while substantial, has not livered in cans to plants, ranging in more money from the use of milk in tionately as large as milk used in some from 27 to 47, operated by Order American cheese manufacture. other products. The amount of reserve number a low of 41 handlers. During each month of 1960, the pro- milk used in butter ranged from During, the earlier years there were posed cheese formula price would have 73 million pounds in 1955 to a high of times, 1953 and 1954, when the Class been higher than the Class IV price; 131 million pounds per month in 1958, 71 percent, respectively, II(a) price was lower than or equal to these differences ranged from 1.1 cents 60 percent and supply classifications the Class IV price. During six of the in June to 43.9 cents in December. How- of the total reserve last nine years there was at least one ever, during 1960, prices which producers (Class III, I1(a) and IV). the Class MI(a) price was would have received under the proposed Separate classification and pricing for month when products lower than the Class IV price. The cheese formula were consistently lower reserve milk used in individual number of such months, by years, were than the prices paid to farmers for or groups of products tend to eliminate 3 in 1952, 12 in 1953, 3 in 1954, 4 in 1955, manufacturing grade milk. These dif- the incentive for handlers to seek the higher-valued uses for reserve milk. A and 1 in 1957 and 1959. During the first ferences, as reported by one proponent four of these years, the proportion of association, ranged from a low of 12 cents degree of rigidity would be introduced by required to Class M1(a) milk remained fairly con- for January, February and March to 23 the various pricing formulas stant, with some increase in 1955. Since cents for August and averaged over 17 establish the different order prices, which diversified proportion of Class I(a) milk cents. This association paid a bulk tank would tend to adversely affect then, the special- steadily declined. This has been premium of 10 cents per hundredweight product handlers and handlers has product accompanied by a widening disparity be- on all Grade A milk, which represented izing - in different single the Class I1(a) price and the approximately two-thirds of the milk re- manufacture. tween consolidation of all reserve milk Class IV price. While the annual ceived directly from farmers. A hauling The would encourage handlers average Class III(a) price was only six subsidy of approximately 5 cents per into one class higher for 1955, this difference hundredweight was paid on ungraded to utilize their excess milk in the higher- cents present time order 10 cents for 1956 and 1957, 13 cents milk. At the end of the year an undis- valued uses. At the was tends to be used in for 1958, 14 cents for 1959, and 29 cents closed amount of money was available milk for manufacture for 1960. Similarly, the amounts by for distribution to patrons. the lowest-priced class. This is because order also re- which the prices paid by Chicago han- Another proponent association testi- many handlers under the dlers for manufacturing grade milk ex- fied that the average price it paid dairy ceive ungraded as well as regulated milk de- IV prices changed from farmers for ungraded milk during 1960 and the competitive price situation ceeded the Class and unregu- 6 cents for 1955 to 7 cents for 1956, 8 was $3.22 per hundredweight of 3.5 per- mands that the ungraded of for 1958, 15 cents cent milk. This is 15 cents above the lated milk be used in manufacture cents for 1957, 12 cents priced uses. for 1959, and 32 cents for 1960. Ob- average monthly p r i c e s determined products in the higher a handler with Order 41 milk under the proposed cheese formula. This Otherwise, the price they could pay dairy viously, if ungraded milk would be and ungraded milk were Producing both association paid a bulk tank premium farmers for competitors' prices. Class 1I(a) and Class IV milk products, amounting to 15.7 cents per hundred- lower than their at the order price has it would be to his advantage to find a weight on all Grade A milk, which rep- Regulated milk no such competition. way of having the Order 41 milk classi- resented approximately 45 percent of fied as Class IV milk rather than Class total milk receipts from farmers. A One reserve class recognizes that prices milk tend to I1(a) milk. A handler with excess hauling subsidy amounting to 2.5 cents for manufacturing grade milk would have an incentive to find a per hundredweight was paid on all milk, be reasonably uniform, regardless of the made of the milk. Over 70 percent purchaser who would use the milk in and earnings of 12 cents per hundred- use of the Chicago milk supply is produced and would pay ap- weight were- allocated to all member Class IV products in Wisconsin. Hundreds of plants in proximately the same price for the milk patrons. The average monthly prices per hun- the area compete for milk supplies with as a Class III(a) milk user. dredweight paid farmers for manufac- the result that prices paid for milk in The separate. classification and pricing turing grade milk delivered in cans to 14 the several alternative uses tend to be of various manufactured products has plants operated by Chicago handlers and equated in the long run period at one tended to favor the processors of some used primarily in cheese manufacture level representative of prices for all man- products in recent years. This is an were consistently higher in 1960 than ufacturing grade-milk in the aggregate. unavoidable result of classifying and the proposed cheese formula price. The two methods now used to de- pricing milk for manufacturing purposes These differences ranged from seven termine reserve milk prices under the into separate classes according to prod- cents in September to 26 cents in May, order are the "midwest condensery price" and a "butter-powder formula". ucts. The greater the disparity between June and July. No. 152-3 7136 PROPOSED RULE MAKING

The former is a measure of prices paid Another shortcoming of the present for the Order 41 handlers included in the for manufacturing grade milk testing 3.5 Class IV formula is the lag in its adjust- series. All three of these associations percent butterfat at ten plant locations ment to cost and technological changes. paid some hauling subsidies and bulk in Wisconsin and Michigan. The latter Changes in labor costs could be responsi- tank premiums; further, they all had method assumes yield factors for butter ble for a needed adjustment in the earnings to distribute or allocate to and nonfat dry milk production which formula. Changes in technology, which member patrons at the end of the year. are multiplied by the respective current may reduce costs of assembling, process- The other objection to the competi- product prices. From the sum of these ing, packaging or merchandising milk tive pay price was that it would not computations, a specified figure is de- and milk products, would not be reflect- assure handlers of reserve supplies of ducted which is referred to as a "proc- ed in changes in formula prices until milk that they would "come out on a essing allowance". order amendments were made. Appar- break-even basis". The reasons for not There are five components of the pres- ently technological changes have result- guaranteeing handlers an operating ent butter-powder price-two yield ed in some significant cost reductions margin on any product they want to pro- factors, two price series and the manu- during the past ten years, since despite duce, regardless of the price relation- facturing or processing allowance. Each the increases in labor costs the coopera- ships of the various dairy products, are of these affects the price resulting from tives which presented the data stated set forth elsewhere in this discussion. the formula's application. If a well their total costs per hunderdweight of Proponents for retaining the butter- operated plant were using all of its milk milk were about five cents below the powder formula recommended an in- in the manufacture of butter and Class IV handling allowance. The shift crease in the Class IV price of 5.6 cents creamery by-products, the management from the use of drums to bags in pack- per hundredweight. However, their data could readily ascertain its average yields aging nonfat dry milk solids reduced on yields, prices and costs were for 1960, of butter, nonfat dry milk solids, and costs of handling Class IV milk approxi- and the net result of figures would be a buttermilk powder per hundredweight of mately seven cents per hundredweight. 7.7 cent increase in the Class IV formula milk of average test. Figures would be Although this change occurred some time price. The average of the Class IV prices available also on the average price re- ago, a corresponding change in the for 1960 was $2.86. Presumably the ceived per pound of each product. Order 41 Class IV price has not been break-even point for butter-powder Under the current conditions existing, made to date. operations of these 11 cooperatives however, the problem is complicated by The use of the competitive pay price would have permitted them to pay additional cost factors not susceptible of method of pricing milk is based upon around $2.94 for 1960. However, three accurate appraisal or precise measure- the premise that in a highly competi- of these proponent associations paid ment. tive economy dairy concerns will tend to about 28 cents a hundredweight more The pooling requirements of the order purchase milk at prices commensurate for ungraded milk during that year, plus require that some milk, skim milk, or with the more efficient concerns' ability some premiums, hauling subsidies and cream be shipped from plants to the to pay for the product. As shifts occur patronage credits. market during the year. Shipments in the relationship between finished The Midwest condensery price is the from country plants vary from day-to- product prices, one group of processors competitive pay price series now used in day and from plant to plant. Shipments may be able to pay higher prices. The the order. Currently, prices from only affect, to some degree, the yields and other processors must meet or approxi- 10 plants are included In this series- prices of manufactured products pro- mate these prices or lose their supplies. three are located in Michigan and seven duced from reserve milk. There is some If a dairy concern fails to make the nec- in Wisconsin. Originally, there were 18 question as to how entrainment losses essary adjustments, it will in time be plants or places reporting prices, but the should be taken into account in comput- forced out of business. Increasing labor number has gradually dwindled over the ing yields of butter and powder when and other costs will tend to reduce prices years to the point where consideration of part of the plant receipts are shipped to paid for milk. On the other hand, the use another measure of manufacturing the market. of new assembling, processing, packag- prices is deemed advisable. The fact that all milk received by a ing and marketing techniques which The Midwest condensery price should handler is not used in butter and pow- reduce costs or increase product returns continue, however, for the present as an der production necessarily means that will tend to increase prices paid for milk. alternative to the Minnesota-Wisconsin some allocation of costs must be made These upward or downward adjustments price for manufacturing grade milk for to various operations. Some handlers in costs would be automatically reflected the purpose of determining the basic presented general data on the cost of in reserve milk prices by using the com- formula price under the order. The con- utilizing 100 pounds of 3.5 percent milk petitive pay prices method of pricing. densery pay price has been the effective in butter and powder. In most instances The major part of the Chicago milk- basic price formula at most times during a single-cost figure was presented with- shed is in Wisconsin, a highly competi- the past several years. This will effectu- out an explanation of the method used tive market for manufacturing grade ate the orderly transition to the Wiscon- or factors considered in arriving at this milk. Prices to farmers in the area are sin and Minnesota price series herein figure. The major proponents of the sensitive to changes in product prices recommended for such purpose as well retention and expansion of the formula and costs. Opponents of a competitive as providing a method for pricing re- method of pricing presented a figure of pay price method of pricing reserve milk serve milk in Class III. 70.1 cents as the cost of processing a contended that these prices were main- The data used in cbmpiling the series hundredweight of 3.5 percent milk into tained only by the use of compensating of prices paid by Order 41 handlers for butter and powder. This figure represent- devices, including "test errors", and the ungraded milk were assembled by the ed the cost experience during 1960 of 11 use of abnormally high yields of product market administrator after the prices cooperatives that handled more than 40 for milk received. Therefore, the relia- were paid. Data for this series are not percent of the Class IV milk in the pool bility of prices received by dairy farmers being assembled on a current basis. Us- during the year. No explanation of the delivering to these plants was questioned. ing these prices as the basis for pricing cost allocation method used, the vari- The average of prices paid by Order 41 reserve milk under the order would place ation in cost among plants, or the pro- handlers for manufacturing grade milk, handlers in a difficult position. Their portion of Class IV milk handled at these a price series discussed earlier, was price-making decisions with respect to plants was offered. higher than prices in other series with their ungraded milk would affect not The problem of securing specific data the exception of prices paid by con- only these supplies but also their margins to properly determine the appropriate denseries. Prices paid by some of the on handling of order reserve milk. If components of the formula is only one handlers who voiced cqncern over the the resulting average price should fall of the shortcomings of this method of reliability of competitive pay prices were below other measures of ungraded milk pricing milk for manufacturing purposes included in this series. Three coopera- prices, these handlers would be subject under current conditions in the Chicago tives of the 11 supporting formula pric- to accusation that price manipulation milkshed. Another is that formula prices, ing introduced the prices paid their had reduced returns to producers for the because they are tied directly to specific farmers for ungraded milk during 1960. market. products, are not consistently aligned The annual averages were $3.21, $3.215 Information on the prices paid at with prices for manufacturing grade and $3.22 per hundredweight of 3.5 per- manufacturing plants in Wisconsin and milk. cent milk, compared with a $3.18 average Minnesota is assembled by the State- Wednesday, August 9, 1961 FEDERAL REGISTER 7137

Federal Crop Reporting Service. Plant turing purposes applicable at each plant facilities. This plant charge represents operators report the total pounds of should not be based on the percentage of the costs of receiving milk and operating manufacturing grade milk received from milk received at such plant which was these facilities for handling the daily and farmers, the total butterfat content and used for manufacturing purposes. seasonal reserve supplies not needed by total dollars paid to dairy farmers for A varying Class. IV price, based upon the fluid milk operator. The plant such milk, f.o.b. plant. These prices are the percentage of milk received at the charge he pays for this service is added available on a current month basis and plant which was used as Class IV milk, to the Class I price to determine the can be announced on or before the fifth was proposed. The higher the percent- cost of his fluid milk supply. day of the following month. age of receipts at the plant used in Class A fluid milk operator who buys The Minnesota-Wisconsin series for IV milk, the higher would be the Class milk from producers and handles his manufacturing grade milk reflects price IV price. As the percentage of receipts own daily and seasonal reserve supplies information in each of the two states at the plant used in Class IV milk de- has additional costs which are not weighted by the proportionate amount creased, the Class IV price would de- covered by the order prices for milk for of manufacturing milk produced in each crease also. The point was made that a manufacturing purposes. These costs state. This series is based upon a large plant handling surplus milk incidental must- be added to the Class I price in sample of plants located in ,the two large to a fluid milk operation has higher costs order to determine the cost of his fluid remaining a r e a s o f predominantly per hundredweight of milk handled than milk supply.' These costs tend to offset manufacturing g r a d e milk in the a plant engaged primarily in manufac- the costs his competitor has to add to country. Approximately 50 percent of turing operations. This is because most his Class I price when he pays a plant the total manufacturing grade milk sold of the time the milk supply is used as charge to others for services performed off farms in the U.S. is produced in these fluid milk, but on certain days, and at by them. two states. In Minnesota, about 75 per- certain times of the year, milk must be 2. July through February should re- cent of the milk sold off farms is manu- disposed of for manufacturing purposes. place August through October as the facturing grade milk, and in Wisconsin This type of operation, it was claimed, months in which a country plant must 65 percent is manufacturing grade. is more costly because of idle labor and ship a specified percentage of. its receipts Competition for this milk is strong in equipment that must be maintained to from dairy farmers to pool plants to earn both states. Consequently, no individual handle the excess when it becomes pool plant status for the months of sea- company, or group of companies, can necessary. sonally low production. have a significant influence upon the Handlers who are primarily fluid milk As now provided in the order, a coun- level of prices. operators may purchase all of their sup- try plant may attain pool plant status The average Class IV price in the six- ply directly from producers and handle during any single,month by shipping at year period 1955-60 was $2.94, by far the their own daily and seasonal excess milk, least 30 percent of the butterfat in, or lowest of the prices quoted -for milk for or purchase all of their supply from other 30 percent of the volume of, milk re- manufacturing purposes. The Midwest handlers-operators of county plants-- ceived from dairy farmers to pool plants condensery pay price (Class III(a)) for who have the responsibility of handling bottling and distributing Class I or Class the six years averaged $3.08, the same as the daily and seasonal reserves incidental II milk in the marketing area. If a the average paid by 30 Order 41 handlers to the fluid milk operation. For this country plant ships at least 40 percent for ungraded milk received at their service the fluid milk operator pays a of its receipts from dairy farmers during plants from dairy farmers. The price plant charge for the supply he gets from August through October, while shipping for manufacturing grade m ilk f.o.b. the country plant. These charges vary .at least 30 percent of its receipts during -plants in :Wisconsin, as reported by the depending upon the services performed. each of these three months, it is accorded United States Department of Agricul- *Thelowest plant charges apply to a given pool plant status for the following nine ture, and the Minnesota-Wisconsin price volume of milk which the fluid milk months of November through July. series, each averaged $3.03 for the six- operator takes every day. The charges . A producer association marketing the year period. are higher if he varies his volume from .milk of its own plants and of a number During 1960 the average of each of day-to-day or buys milk only on certain of country plants under the order, pro- these price series per hundredweight of days during the week; and the highest posed that the monthly shipping require- 3.5 percent milk was: Class IV $2.86, plant charges apply to spot purchases, ment percentages for country plants to Midwest condensery $3.15, 30 Order 41 generally during the fall montis, to sup- become pool plants be changed from 30 plants for ungraded milk $3.18, manu- plement the fluid milk operator's regular percent for all months to 40 percent for facturing grade milk in Wisconsin $3.12 supply. each month of August through Novem- and the Minnesota-Wisconsin manu- Plant charges vary according to the ber and remain at 30 percent for each of facturing grade milk price $3.10. type of plant delivering the milk and are the remaining eight months. Under The spread in the highest and lowest lower at receiving stations with no another proposal offered it would ex- prices in these price series was greater in manufacturing facilities. The milk sup- tend the period during which a country 1960 than in the preceding 5 years. This ply in these plants moves to the market plant shall ship a specified percentage was because of the abnormal price most of the time. Plant charges are of its receipts in order to be accorded spread. among the various price series considerably higher in plants equipped pool plant status for the remaining in the last three months of 1960. Repre- to manufacture the milk into various months by replacing August through sentative of the situation that prevailed milk products. The milk from these October with July through February and during that period was the spread in plants generally moves to the market have the following shipping requirement December of 50 cents between the Mid- only during certain seasons of the year. percentages apply for each of these eight west condensery price ($3.44) and the The higher plant charges are made by months: July, 25 percent; August Class IV price ($2.94). manufacturing plants to compensate for through November, 40 percent each The average of the prices paid farmers idle labor facilities that must be main- month.' December, 30 percent; January in the various states for manufacturing tained and available when the milk is and February, 15 percent each month. grade milk, as reported by the United left in the plant for manufacturing pur- A country plant meeting these shipping States Department of Agriculture, is at poses. The way the fluid milk business standards would be accorded pool plant the weighted average butterfat test of operates makes it necessary for these status for the following four months of milk received at these plants. Sinc6 manufacturing plants to manufacture all March through June. Order 41 prices are announced on a 3.5 milk received on certain days of the week Immediately before and following the percent butterfat basis, it is necessary and part of their milk receipts on practi- three-month qualifying period of last that-the announced Minnesota-Wiscon- cally all days of the week. This in-and- year handlers engaged in bottling and out manufacturing operation is costly distributing operations in the Chicago sin prices for manufacturing grade milk area experienced considerable difficulty be adjusted to this basis. The Order 41 and accounts for the relatively high plant charge at manufacturing plants as in obtaining sufficient milk from the producer butterfat differential should be -compared with receiving station costs. country plants to meet their fluid milk used in making this adjustment. This is A fluid milk operator who buys his requirements. Efforts on many occa- an appropriate and representative -milk supply from receiving stations and sions by the.city plants and by proponent •measure of butterfat value in the area. stand-by manufacturing plants pays a associations, who service many of the The order price for milk for manufac- .plant charge to the operator of these Chicago area distributing plants with 7138 PROPOSED RULE MAKING their fluid supplies, resulted in the supply sibility of all plants on the market, pooling of supply plants will tend to plants' urging that the request for milk wherever located to meet that need. It minimize uneconomic and unnecessary be taken elsewhere and that other sources is inappropriate to include in the pool, transportation and receiving costs which of supply be explored. Although milk to receive the benefit of uniform prices, might be incurred by a handler to assure seemed to be available, some of the coun- those plants which-are not a regular or pool status for each of his supply plants try plants appeared to be reluctant to dependable part of the market supply. on an individual basis. In view of this, release any of it for fluid use in the mar- Plants in which the principal operation provision should be made to permit unit ket. All these country plants have manu- is the manufacture of milk products may qualification of plants supplying regu- facturing facilities and it was claimed be attracted to the pool primarily to par- lated distributing plants. that they were adverse to shipping their ticipate in the higher utilization of the A proposal was made to require that milk to the market and were using the fluid milk market, without acceptance of milk shipped from a country plant to a milk in their manufacturing operations. responsibility for making supplies avail- city plant be used for Class I or Class II Performance standards should not be able to meet the Class I and Class II re- purposes. The need for such a provision so high that they force milk into the quirements of the market. Assurance of in the order was not established. Neither marketing area if such milk is not needed a regular and constant supply of milk for was it shown that it would be adminis- to supply fluid milk outlets. At the same the market by the Chicago area pool tratively feasible under current condi- time, an appropriate minimum standard plants is accentuated by the dating tions in the Chicago market. Accord- is necessary to avoid the possibility that ordinance in effect in the City of Chicago. ingly, the proposal to require a specified plants will refrain from supplying the A plant which may be considered an utilization for milk shipped from a coun- market when such withholding might be integral part of the market supply try plant to a city plant should be denied. beneficial to the plant itself but would should be able to meet these require- That portion of the pool plant provi- result in disadvantage to the market. ments without difficulty under foresee- sions which grants relief from the effects Opposition to the proposed change in able circumstances. These standards, of a labor dispute should not be changed. performance requirements for pool plant Which are reasonable and will emphasize It was proposed that if, during the quali- qualification indicated concern that it the responsibility of plants associated fying period, a handler notifies the mar- would force some plants and producers with the market, would require that a ket administrator that a plant is unable off the market, result in uneconomical country plant, shipping at least the fol- to meet the established performance re- shipments of milk to the market and re- lowing percentages of its receipts of quirements because of a labor dispute, duce the blend price, and benefit nearby milk from dairy farmers to pool plants: the market administrator, upon verifica- producers at the expense of those more 30 percent in July and December, 40 per- tion of the claim, shall credit the plant distant. It was also contended that milk cent in each month of August through with minimum compliance for every day from distant zones was made available November, and 15 percent in January such condition exists. As now provided to the market when needed and that the -and-February, will be allowed pool plant in the order, when the inability of the obligation to service the market is one status for January and February and plant to perform is because of a work that initially should be met by the close- for the following months of March stoppage due to a labor dispute between in plants. None of the plants referred through June. Because September 1961 employer and employee, the receipts and to by these parties had experienced any is the first month for which any change utilization of milk at the plant during back hauls in recent years and several in the order would be effective, pro- the work stoppage are not included in of them shipped sufficient amounts of vision should be made for January determining the percentage of milk or producer milk to the market each year through June 1962 pooling for country butterfat shipped. as to create no problem for them to plants on the basis of shipments In the Proponents contend the present provi- qualify as pool plants under the proposed preceding short production months. sion is too restrictive in prescribing that performance standards. Accordingly, a country plant which was- a work stoppage must occur, in specify- Pool milk in Class I and Class II has a pool plant in August 1961 and con- ing the type of dispute upon which relief been at least 50 percent of total producer tinues to meet the specified shipping may be predicated, and in the granting of receipts in January and February and requirements under the order during relief. Eliminating the requirements for well above this percentage in July, September 1961 through February 1962 work stoppage could offer opportunities November and December. On the as- should be accorded pool plant status in for evasion of order obligations not pres- sumption that in these five months milk each month of January through June ent under the precise and specific lan- received at pool plants located within 1962. guage now used. The varieties of situa- 100 miles from Chicago was needed to The provision that a country plant tions, any one of which might be termed supply the Class I and Class II uses, then may qualify as a pool plant during any a labor dispute, which could conceivably of the milk received at plants in the single month by shipping at least 30 under the proposal affect a plant's ability remaining zones, at least 28 percent in percent of its receipts to a pool plant to meet performance standards, are January and in February, 1960, 34 per- should not be changed. The revision many. They could be of a direct and cent in July, 40 percent in November, recommended in this decision to.require positive nature, or even indirect and re- 37 percent in December and 26 percent a country plant to meet shipping stand- mote, and could occur at places far dis- in January, 1961, would have been re- ards during an 8-month period to earn tant from the plant itself or the market. quired to fulfill total Class I and Class II pool plant status at a shipping rate less Cases involving jurisdictional disputes needs. The need for milk to supply Class than 30 percent during 6 months of the between rival labor groups, disputes be- I and Class II utilization from plants in year provides a suitable standard for tween haulers and their employees, zones 4-21 would be still higher if, as is plants having a continuing association organizational disputes, picket lines for likely, plants in the first three zones with the market. The testimony pre- any reason, and disputes in city plants could not achieve full utilization in Class sented was focused primarily on this type to which the milk is shipped or in equip- I and Class II of all milk received from of plant. It was not shown that the 30 ment factories are only a few of the producers. Plants located within 100 percent shipping requirement for a plant many that might apply. miles of Chicago are within the first to qualify in any individual month is in- The change in type of relief which is three zones. If these computations in- appropriate under present conditions in requested is such as would enable a cluded only plants located in the first the market. plant to attain pool plant status under two zones, the need for milk from the Proposals were offered which would -the performance standards even though remaining zones would be considerably qualify plants on a handler instead of it had not shipped any milk to the mar- greater. on an individual plant basis. That is, a ket during the entire qualifying period. It might be econcmically more feasible handler would qualify his plants collec- The plant would likewise have to be to meet the needs of the market for Class tively on the basis of the percentage that credited with full compliance, although I and Class II purposes from those farms the aggregate shipments from them were it may not have shipped any milk during of their aggregate receipts. The rec- any of the preceding months when there and plants nearest the market. How- ommended decision did not provide for had not been a labor dispute. Thus, a ever, nearby plants have no greater obli- such unit qualification of supply plants. plant could be a pool plant for the entire gation under the order to supply the However, exceptions to the recom- year, sharing in the pool, without having market than those in the more -distant mended decision submitted by handlers serviced the market at any time, regard- zones. If milk is needed, it is the respon- and cooperatives indicated that unit less of the market's needs. If this oc- Wednesday, August 9, 1961 FEDERAL REGISTER 7139 curred at other plants at the same time, Area", which have been decided upon as introduced at such hearing and the rec- it could become necessary to expand the the detailed and appropriate means of ord thereof, it Is found that: market in order to replace the lost supply effectuating the foregoing conclusions. (1) The said order as hereby amended, of milk that would continue to be pooled. It is hereby ordered, That all of this and all of the terms and conditions Rulings on proposed findings and con- decision, except the attached marketing thereof, will tend to effectuate the de- clusions. Briefs and proposed findings agreement, be published in.the FEDERAL clared policy of the Act; and conclusions were filed on behalf of REGISTER. The regulatory provisions of (2) The parity prices of milk, as de- certain interested parties. These briefs, said marketing agreement are Identical termined pursuant to section 2 of the proposed findings and conclusions and with those contained in the order as .Act, are not reasonable in view of the the evidence In the record were con- hereby proposed to be amended by the price of feeds, available supplies of feeds, sidered in making the findings and con- attached order which will be published and other economic conditions which clusions set forth above. To the extent with this decision. affect market supply and demand for that the suggested findings and conclu- Referendum order; determination of milk in the said marketing area, and the sions filed by interested parties are in- representative period; and designation minimum prices specified in the order as consistent with the findings and conclu- of referendum agent. It is hereby di- hereby amended, are such prices as will sions set forth herein, the requests to rected that a referendum be conducted reflect the aforesaid factors, insure a make such findings or reach such conclu- to determine whether the Issuance of the sufficient quantity of pure and whole-. sions are denied for the reasons previ- attached order amending the order regu- some milk, and be in the public interest; ously stated in this decision. lating the handling of'milk in tile Chi- (3) The said order as hereby amended, General findings. The findings and cago, Illinols marketing area is approved regulates the handling of milk in the determinations hereinafter set forth are or favored by the producers, as defined same manner as, and is applicable only supplementary and in addition to the under the terms of the order, as hereby to persons in the respective classes of findings and determinations previously proposed to be amended, and who, dur- industrial or commercial activity speci- made in connection with the issuance of ing the representative period, Were en- fied in, a marketing agreement upon the aforesaid order and of the previously gaged in the production of milk for sale which a hearing has been held. issued amendments thereto; and all of within the aforesaid marketing area. Order relative to handling. It is said previous findings and determina- The month of October 1960 is hereby therefore ordered, that on and after tions-are hereby ratified and affirmed, determined to be the representative pe- the effective date hereof, the handling except insofar as such findings and riod for the conduct of such referendum. of milk In the Chicago, Illinois marketing determinations may be in conflict with Jesse L. Cook Is hereby designated area shall be- in conformity to and in the findings and determinations set agent of the Secretary to conduct such - compliance with the terms and condi- forth herein. referendum In accordance with. the tions of the aforesaid order, as hereby (a) The tentative marketing agree- procedure for the conduct of referenda amended, and the aforesaid order is ment and the order, as hereby proposed to determine producer approval of milk hereby amended as follows: to be amended, and all of the terms and marketing orders (15 F.R. 5177), such 1. Replace § 941.16 with the following: conditions thereof, will tend to effectuate referendum to be completed on or before the declared policy of the Act; the 30th day from the date this decision § 941.16 Other source milk. (b) The parity prices of milk as de- Is Issued. "Other source milk" means any milk termined pursuant to section 2 of the Act Issued at Washington, D.C., August 4, or milk products -(except those milk are not reasonable in view of the price 1961. products covered by the Class III milk of feeds, available supplies of feeds, and JAMEs T. RALPH, definition which are not reused in an- other economic conditions which affect Assistant Secretary. other product) received by handlers from market supply and demand for milk in sources other than (a) producers, (b) the marketing area, and the minimum Order I Amending the Order Regulating pool plants of other handlers, or (c) prices specified in the proposed market- the Handling of Milk in the Chicqgo, plants where milk Is priced under a mar- ing agreement and the order, as hereby Illinois Marketing Area keting agreement or order issued pur- proposed to be amended, are such prices § 941.0 Findings and determinations. . suant to the Act for any other milk as will reflect the aforesaid factors, in- marketing area. sure The findings and determinations here- a sufficient quantity of pure and § 941.40 [Amendment] wholesome milk, and be in the public in- inafter set forth are supplementary and terest; and in addition to the findings and de- 2. In § 941.40(c) delete "Class MII(a) (c) The tentative marketing agree- terminations previously made in connec- milk", "Class IV milk", and "Class M1I(a) ment and the order, as hereby proposed tion with the Issuance of the aforesaid milk and Class IV milk", wherever they to be amended, will regulate thehan- order and of the previously Issued appear. dling of milk in the same manner as, and amendments thereto; and all of said § 941.41 [Amendment] will be applicable only to persons in the previous findings and determinations are respective classes of industrial and com- hereby ratified and affirmed, except in- 3. In § 941.41 (a) (3) (1i) replace "Class mercial activity specified in, a market- sofar as such findings and determina- II milk, Class III milk, Class IM(a) milk, ing agreement upon which a hearing has tions may be In conflict with the findings and Class IV milk" with "Class II milk been held. and determinations set forth herein. and Class IImilk". Rulings on exceptions. 'In arriving at (a) Findings upon the basis of the 4. Replace § 941.41 (c) and (d) with the findings and conclusions, and the hearing record. Pursuant to the provi- the following: regulatory provisions of this decision, sions of the Agricultural Marketing (c) Class III milk shall be all milk each of the exceptions received Agreement Act of 1937, as was cafe- amended (7 and milk products fully and fully considered in conjunction U.S.C. 601 et seq.), and the applicable the butterfat from with the record evidence pertairiing rules of practice and procedure which is contained in: govern- (1) Condensed milk (sweetened or thereto. To the extent that the findings ing the formulation of marketing agree- ments and marketing unsweetened) disposed of to commercial and conclusions, and the regulatory pro- orders (7 CFR food processors visions of this decision are located within the sur- at variance Part 900), a public hearing was held plus milk manufacturing with any of the exceptions, such upon area, sweetened excep- certain proposed amendments to condensed tions are hereby overruled for the rea- the tentative milk in hermetically sealed marketing agreement and cans, evaporated milk, whole milk pow- sons previously stated in this decision. to the order regulating the handling of der, Marketing agreement and order. nonfat dry milk, malted milk, con- milk in the-Chicago, Illinois, marketing densed skim Annexed hereto and made a part hereof area. Upon milk, butter, cheese (except the basis of the evidence cottage cheese), inventory are two documents variations entitled respectively, and products lost in transit by a handler; 1 This order shall not become "Marketing Agreement Regulating the effective un- (2) Any other less and until the requirements of § 900.14 product not Included in Handling of Milk in the Chicago, Illinois Class I milk or Class II milk; Marketing Area", and "Order Amending of the rules of practice and procedure gov- erning proceedings tO formulate marketing (3) Products disposed of in bulk to the Order Regulating the Handling of agreements and- marketing orders have been bakeries, soup companies and candy Milk In the Chicago, Illinois Marketing met. manufacturing establishments pursuant 7140 PROPOSED RULE MAKING to the exceptions in paragraphs (a) and (f) Determine the pounds of overrun (4) Any plant which during the pe- (b) (1) of this section; as follows: In the event the pounds of riod of July through February ships, or (4) Frozen cream, plastic cream, ice butterfat computed pursuant to para- is credited (pursuant to subparagraph cream, and ice cream mix (liquid or graph (e) (4) of this section are greater (2) of this paragraph) with shipments powder) referred to in the exception in than the pounds of butter computed of at least 30 percent in July and De- paragraph (b) (2) of this section; pursuant to paragraph (b) of this sec- cember, 40 percent in each month of (5) Actual shrinkage, but in an tion, subtract the smaller amount from August through November, and 15 per- amount not to exceed one-half percent the larger amount and divide the result cent in January and February of the of the total pounds of butterfat received by 0.035. pounds of butterfat In, or at least the directly from producers 11/2 * same percentages plus percent § 941.45 [Amendment] of the volume of milk of the total pounds of butterfat in bulk received from dairy, farmers at such milk, skim milk, and cream in fluid form 7. In § 941.45(e) delete "Class III(a) plant as milk, skim milk, concentrated received at a regulated plant from all milk, or Class IV milk". milk, condensed skim milk or cream in sources which were not disposed of in 8. In § 941.45(j) replace "Class II, fluid form to (and isphysically received bulk to a regulated plant of another III, 1II(a) and IV" with "Class II and in) plants which operate In the manner handler: Provided, That such shrinkage III. described in paragraph (a) of this sec- shall be allowed in this class only if rec- 9. Replace § 941.50 with the following: tion, irrespective of whether or not such ords of utilization satisfactory to the § 941.50 Basic formula price. plants receive milk from dairy farmers, market administrator are available. shall be a pool plant beginning with The basic formula § 941.44 [Amendment] price to be used in March and continuing through June, un- computing the prices for Class I and less the milk received by the plant does 5. In § 941.44(c) (3) replace "(d) (2), Class II milk for each delivery period not continue to be qualified for use in (e) (2), and (f) (7)" with "(d) (2) and shall be the higher of the prices, rounded Grade A Class I milk products in the (e)(7)". to the nearest cent, as follows: marketing area, or the plant operator 6. Replace § 941.44 (e), (f), and (g) (a) The average of the prices per notifies the market administrator that with the following: hundredweight reported to have been the plant should be withdrawn from the (e) Determine the total pounds in paid, or to be paid, for the delivery pool; in the event such notification is Class III milk as follows: period next preceding, to farmers for given the plant will no longer be a pool (1) Multiply the actual weight of each milk containing 3.5 percent butterfat plant starting with the beginning of the of the several Items of Class II milk delivered at each of the following listed delivery period following receipt of the manufacturing (other than inventory variation) by its plants or places for which notification by the market administrator, average butterfat test; prices are reported to the United States except during any delivery period in (2) Determine the difference in Department of Agriculture or to the which the pool plant requirements under pounds of butterfat contained in inven- market administrator: this paragraph are fulfilled: tories at the beginning and end of the Companies and Location Provided, That a plant which ships (or is credited with shipments of) at least delivery period; Borden Co., New London, Wis. 30 (3) Add together the pounds of butter- Borden Co., Orfordville, Wis. percent in July and December and 40 fat obtained in subparagraphs (1) and Carnation Co., Richland Center, Wis. percent in each month of August through (2) of this paragraph; Carnation Co., Sparta, Mich. November pursuant to this subparagraph (4) Add to the total pounds of butter- Pet Milk Co., Belleville, Wis. (4) shall be a pool plant in each of the fat computed pursuant to paragraphs Pet Milk Co., Coopersville, Mich. following months of January and Febru- (c) (2) and (d) (2) Pet Milk Co., New Glarus, Wis. ary if it ships (or is credited with ship- of this section to the Pet Milk Co., Wayland, Mich. total pounds of butterfat computed ments of) at least 15 percent of the White House Milk Co., Manitowoc, Wis. pounds of butterfat in or the volume of pursuant to subparagraph (3) of this White House Milk Co., West Bend, Wis. paragraph; milk received from dairy farmers at such (5) Subtract the total pounds of (b) The Class III price pursuant to plants, in the forms and in the manner specified butterfat computed pursuant to sub- § 941.52(c) for the delivery period next in this subparagraph (4) to the paragraph (4) of this paragraph from preceding. plants which operate in the manner de- scribed in paragraph (a) of this section. the total pounds of butterfat computed § 941.52 [Amendment] pursuant to paragraph (b) of this sec- 15. Add a new § 941,66(b)(5) as tion, and the difference is the pounds of 10. Replace § 941.52 (c) and (d) with follows: butterfat in actual shrinkage unless such the following: (5) Two or more plants shall be difference is a minus quantity, in con- which (c) Class III milk. The price per hun- sidered a unit for the case the butterfat shrinkage is dredweight purpose of this zero for for Class III milk shall be the paragraph (b) Purposes of all computations required if the following conditions by average price per hundredweight for are met: this section; manufacturing grade milk, f.o.b. plants (i) The plants included in a unit are (6) Determine the maximum number in Wisconsin and Minnesota, as reported by the United States Department of owned and operated by a handler or are of pounds of butterfat shrinkage in Class under his control with respect to the III milk by multiplying by 11/2 Agriculture for the delivery period: Pro- percent marketing of milk, skim milk, and cream the pounds of butterfat in bulk milk, vided, That such reported price shall be adjusted to a 3.5 percent butterfat basis pursuant to a written contractual agree- skim milk, or cream in fluid form re- ment submitted to the market adminis- ceived at a regulated by the butterfat differential pursuant to plant from all trator; sources which were not dispdsed of in § 941.82 and rounded to the nearest full (ii) The handler establishing bulk to other handlers, and adding such cent. a unit notifies the market administrator amount to the result obtained by multi- in § 941.61 [Amendment] writing of the plants to be plying 1/2 percent the pounds of butter- included therein prior to July fat received directly from producers: 11. In § 941.61(c) (1) delete ", Class 1 of each year (or within 30 days of the effective date of Provided, That the pounds determined HI(a) and Class IV". this subparagraph (5) for a unit to pursuant to this subparagraph be opera- shall be § 941.64 [Amendment] tive from the effective date hereof until zero if records of utilization satisfactory July 1, 1962) and no additional plants to the market administrator 12. In § 941.64(c) (2) replace "Class II are not shall be added to the unit available; milk, Class III milk, Class 1I1(a) milk, prior to July 1 of the following year; and (7) Add to the and Class IV milk" with "Class II milk amount computed pur- (iii) The notification pursuant to this suant to and Class III milk". subparagraph (3) of this para- subparagraph (5) (ii) shall list the plants graph the smaller of the amount deter- § 941.66 [Amendment] in the order in which they shall be ex- mined pursuant to subparagraphs (5) 13. In § 941.66(b) (2) and (3) replace cluded from the unit if the minimum and (6) of this paragraph; "August, September, and October" with shipping requirements are not met, such (8) Divide the pounds of butterfat ob- "July through February". exclusion to be made in sequence begin- tained in subparagraph (7) of this para- 14. Replace § 941.66(b) (4) with the ning with the first plant on the list and graph by 0.035; and following: continuing until the remaining plants Wednesday, August 9, 1961 FEDERAL REGISTER 7141

as a unit have met the minimum require- ployees and labor organizations in labor as the entire fiscal year in making his ments. disputes. In order to prescribe forms for report under this part. 16. Add a new § 941.66(b) (6) as reporting and to otherwise implement (c) "Undertake" means not only the follows: this provision of the statute, and pur- performing of activities, but also the suant to authority in section 208 of the (6) Any plant which during the agreeing to perform them or to have period Act (29 U.S.C. 438), I hereby propose of August 1961 through February 1962 them performed. to revise 29 CFR, Part 406 to read as ships, or is credited (pursuant (d) "A direct or indirect party to an to sub- hereinbelow set out. paragraph (2) of this paragraph) with agreement or arrangement" includes Any interested person may file a writ- shipments of at least 30 percent persons who have secured the services in ten statement of data, views or argu- August and December, 40 percent .of another or of others in connection in each ments in regard to this proposal with month of September through with an agreement or arrangement of November, the Secretary of Labor, United and 15 percent in January States the type referred to in § 406.2 as well as and Febru- Department of Labor, Constitution ary of the pounds of butterfat in, or persons who have undertaken activities at Avenue and 14th Street NW., Washing- least the same percentages at the behest of another or of others with of the volume ton 25, D.C., within 15 days after this of milk received from dairy farmers knowledge or reason to believe that they at notice is published in the FEDERAL such plant as milk, skim milk, con- are undertaken as a result of an agree- centrated milk, REGISTER. ment or arrangement between an em- condensed skim milk or Copies of the forms and accompany- cream in fluid form to (and is physically ployer and any other person, except bona ing instructions referred to in this pro- received in) plants Which operate in fide regular officers, supervisors or em- the posal are available upon request manner from ployees of their employer to the extent to described in paragraph (a) of the Bureau of Labor-Management this section, irrespective Re- which they undertook to perform services of whether or ports, at the above address. not such plants received milk from dairy as such bona fide regular officers, super- farmers, shall be a pool plant beginning visors or employees of their employer. with March and continuing, through PART 406-REPORTING BY LABOR §406.2 Agreements and aetiv.ities June 1962, unless the milk received by RELATIONS CONSULTANTS AND report. the plant does not continue to be quali- (a) Every person who as a direct or fied for use in Grade A Class I milk OTHER PERSONS; CERTAIN AGREE- indirect party to any agreement or ar- products in the marketing area, MENTS WITH EMPLOYERS or the rangement with an employer undertakes, plant operator notifies the market ad- Sec. pursuant to such agreement or arrange- ministrator that the plant should 406.1 Definitions be ment, any activities where an object withdrawn from the 406.2 Agreements and activities report pool; in the event thereof is, directly or indirectly, (1) to such notification is given the plant 406.3 Receipts and disbursements report will persuade employees to exercise no longer be a pool plant starting with 406.4 Status report or not 406.5 Terminal report to exercise, or persuade employees as the beginning of the delivery period 406.6 Persons excepted from filing reports to the manner of exercising, the right to following receipt of the notification by 406.7 Relation to section 8(c) of the Na- organize and bargain collectively through the market administrator, except during tional Labor Relations Act to this representatives of their own any delivery period ii which choosing; the pool part or, (2) to supply an employer plant requirements under this paragraph 406.8 Personal responsibility of signatories with in- formation concerning the activities of are fulfilled: Provided, That of reports a plant employees of a labor organization in which ships (or is credited with 406.9 Maintenance and retention of ship- records connection with. a labor dispute ments of) at least 30 involving percent in August 406.10 Publication of reports required by such employer, except information and December and 40 for percent in each thi part use solely in conjunction with month of September an admin- through November istrative or arbitral proceeding pursuant to this subparagraph AUTHORITY: §§ 406.1 through 406.10 issued or a (6) shall under criminal or civil judicial proceeding; be a pool plant in each sec. 208, 733 Stat. 529; 29 U.S.C. 438; of the following Interpret or apply sec 203(b), 73 Stat. 527; shall, as prescribed by the months of January and regulations in February 1962 29 U.S.C. 433, and sec. 207(b), 73 Stat. 529; this part, file if it ships (or is credited with shipments a report with the Commis- 29 U.S.C. 437. sioner, Bureau of Labor-Management of) at least 15 percent of the pounds of Reports, United States Department of butterfat in or the volume § 406.1 Definitions. of milk re- Labor, Washington 25, D.C., and ceived from dairy farmers at such one As used in this part, the term: copy thereof, on Form LM-20 plants, in the forms and in the manner entitled (a) "Corresponding principal officers" "Agreements and Activities Report (per- specified in this subparagraph (6) to means the any person or persons performing, sons, Including labor relations consult- plants which operate in the manner de- or authorized to perform, principal exec- ants and other Individuals and organiza- scribed in paragraph (a) of this section. utive functions corresponding to those tions)" in the detail required by such of [P.R. Doc. 61-7626; Filed, Aug. 8, 1961; president and treasurer of any form and the instructions accompany- entity 8:50 a.m.] engaged in whole or in part in ing such form and constituting a part the performance of the activities de- thereof. The report shall be filed within scribed in section 203(b) of the Labor- 30 days after entering into an agreement Management Reporting and Disclosure or arrangement of the type described Act of 1959 (73 Stat. 527; 29 DEPARTMENT OF LABOR U.S.C. 433). herein. If there Is any change In (b) (1) "Fiscal year" means the calen- the Bureau Information reported (other than that of Labor-Management dar year or other period of 12 consecutive required by Item C, 11, (c) of the Form), Reports calendar months, on the basis of which it must be filed on a financial accounts are kept report clearly [29 CFR Part 4061 by a person. marked "Amended Where a person designated Report" within 30 a new fiscal days of the change. REPORTING BY LABOR RELATIONS year period prior to the expiration of a (b) The report shall be signed by the previously established fiscal year period, CONSULTANTS AND OTHER PER- president and treasurer or correspond- SONS, C E R T A I N AGREEMENTS the resultant period of less than 12 con- secutive calendar months, and there- ing principal officers of the reporting WITH EMPLOYERS after the newly established fiscal year, person. If the report is filed by an in- Notice of Proposed Rule Making shall in that order constitute the fiscal dividual in his own behalf, it need only years. bear his signature. Section 203(b) of the Labor-Manage- (2) A person who is subject to section ment Reporting and Disclosure Act of § 406.3 Receipts and disbursements 203(b) of the Act for only a portion of report. 1959 (29 U.S.C. 433(b)) requires various his fiscal year because the date of enact- reports to be filed by persons who ar- ment of the Act (September 14, 1959) (a) Every person who, as a direct or range with employers to persuade em- occurred during such fiscal year or be- indirect party to any agreement or ar- ployees in matters relating to their cause such person otherwise first be- rangement, undertakes any activities of rights to organize, or advise employers comes subject to the Act during such the type described in 29 CFR 406.2 pur- concerning the activities of their em- fiscal year, may consider such portion suant to such agreement or arrange- 7142 PROPOSED RULE MAKING

ment and who, as a result of such agree- (b) For purposes of the report re- explained or clarified, and checked for ment or arrangement made or received' ferred to by paragraph (a) of this sec- accuracy and completeness, and shall in- any payment during his fiscal year, shall, tion, the period covered thereby shall be clude vouchers, worksheets, receipts and as prescribed by the regulations in this the portion of the reporting person's applicable resolutions, and shall keep part, file a report and one copy thereof, fiscal year ending on the effective date of such records available for examination with the said Commissioner Bureau of ,the termination or loss of identity. for a period of not less than five years Labor-Management Reports, on Forms § 406.6 Persons excepted from filing after the filing of the documents based LM-21 entitled receipts and Disburse- reports. on the information which they contain. ments Report (persons, including labor relations consultants, other individuals Nothing contained in this part shall be § 406.10 Publication of reports re- quired by this part. and organizations) ", and LM-21A en- construed to require: titled "Schedule of Receipts and Dis- (a) Any person to file a report under Inspection and examination of any re- bursements", in the detail required by this part unless he was a direct or in- port or other document filed as required such forms and the instructions accom- direct party to an agreement or arrange- by this part, and the furnishing by the panying such forms and constituting ment of the kind described in § 406.2; Bureau of copies thereof to any person part thereof. The report shall be filed (b) Any person to file a report cover- requesting them shall be governed by within 90 days after the end of such ing the services of such person by reason Part 407 of this chapter. person's of his (1) giving or agreeing to give ad- fiscal year during which pay- Signed at Washington, D.C., this ments were made or received vice to an employer; or (2) representing 3d as a result day of August 1961. of such an agreement or arrangement. or agreeing to represent an employer (b) The report shall be signed by the before any court, administrative agency, ARTHUR J. GOLDBERG, president and treasurer or corresponding or tribunal of arbitration; or (3) en- Secretary o1 Labor. principal officers of the reporting per- gaging or agreeing to engage in collec- [P.R. Doc. 61-7506; Piled, Aug. 8, 1961; son. If the report is filed by an individ- tive bargaining on behalf of an employer 8:46 a.m.] ual in his own behalf, it need only bear with respect to wages, hours, or other his signature. terms or conditions of employment or § 406.4 Status report. the negotiation of an agreement or any question arising thereunder; ATOMIC ENERGY COMMISSION (a) Every person who, as a direct or (c) Any regular officer, or employee indirect party to an agreement or ar- of an employer to file a report in connec- [ 10 CFR Part 20 1 rangement of the type referred to in tion with services rendered as such STANDARDS FOR PROTECTION § 406.2, undertakes any activities of the regular officer, supervisor or employee to type described therein pursuant to such such employer; AGAINST RADIATION agreement or arrangement and who (d) An attorney who is a member Statement of Considerations made or received no payment as a result in good standing of the bar of any State, of any such agreement or arrangement to include in any report required to be The Commission's regulations in 10 during his fiscal year, shall, as prescribed filed pursuant to the provisions of this CFR Part 20, "Standards for Protection by the regulations in this part, file a part any information which was lawfully Against Radiation," were amended ef- report, and one copy thereof, with the communicated to such attorney by any fective January 1, 1961, to incorporate said Commissioner, Bureau of Labor- of his clients in the course of a legiti- recent recommendations of the Federal Management Reports, on Form LM-22 mate attorney-client relationship. Radiation Council and the National entitled "Status Report (persons, in- Committee on Radiation Protection. In cluding labor relations consultants, other § 406.7 Relation of section 8(c) of the addition, Appendix "B" to Part 20, en- individuals and organizations)" in the National Labor Relations Act to this titled "Concentrations in Water and Air detail required by such form and the part. Above Natural Background," was sub- instructions accompanying such form While nothing contained in section stantially revised to reflect these and constituting a part thereof. The 203 of the Act shall be construed as an recommendations. report shall be filed within 90 days after amendment to, or modification of the A note to Appendix "B", paragraphs the end of such person's fiscal year. rights protected by, section 8(c) of 2 and 3, establishes concentration limits (b) The report shall be signed by the the National Labor Relations Act, as for certain mixtures of radionuclides if president and treasurer or corresponding amended (61 Stat. 142; 29 U.S.C. 158 (c)), either the Identity or the concentration principal officers of the reporting or- activities protected by such section of of any radionuclide in the mixture is ganization. If the report is filed by an the said Act are not for that reason not known but it is known that specified individual In his own behalf, It need exempted from the reporting require- radionuclides are not present in the only bear his signature. ments of this Part and, if otherwise sub- mixture. It has come to the attention § 406.5 Terminal report. ject to such reporting requirements, are of the Commission that the limits for required to be reported. Consequently, mixtures specified in paragraphs 2 and 3 (a) Every person required to file a re- information required to be included in of the Note are not sufficiently compre- port pursuant to the provisions of this Forms LM-20, 21, 21A and 22 must be hensive for all mixtures of radionuclides part who during his fiscal year loses his reported regardless of whether that in- encountered in licensed operations. For identity as a reporting entity through formation relates to activities which are example, in reactor air effluents where merger, consolidation, dissolution, or protected by section 8 (c) of the National the radionuclides in the mixture may otherwise, shall within 30 days of the Labor Relations Act, as amended. consist primarily of noble gases, the effective date thereof or of the effective values specified in paragraphs 2 and 3 date of this section, whichever is later, § 406.8 Personal responsibility of sig- natories of reports. of the Appendix "B" Note may be un- file a terminal report, and one copy necessarily restrictive. The following thereof, with the said Commissioner, Each individual required to file a re- proposed amendment to the Appendix Bureau of Labor-Management Reports, port under this part shall be personally "B" Note would provide an additional on Form LM-21 together with Form LM- responsible for the filing of such report standard for deriving a concentration 21 A or Form LM-22, as is appropriate, and for any statement contained therein limit for any mixture of radionuclides signed by the President and Treasurer which he knows to be false. (1) where the identity of each radionu- or corresponding principal officers im- clide in the mixture is known but mediately prior to the time of the per- § 406.9 Maintenance and retention of the son's loss of reporting identity (or by records. concentration of each radionuclide in the person himself if he is an individual), Every person required to file any re- the mixture is not known, or (2) where together with a statement of the effective port under this part shall maintain the identity of each radionuclide in the date of termination or loss of. reporting records on the matters required to be mixture is not known but where it can identity, and if the latter, the name and reported which will provide In suffiient be demonstrated by a physical assay or mailing address of the entity into which detail the necessary basic information by the process of elimination that ra- the person reporting has been merged, and data from which the documents dionuclides other than those presently consolidated or otherwise absorbed. filed with the Bureau may be verified, specified in the Note are not present. 7143 Wednesday, August 9, 1961 FEDERAL REGISTER time studies indicate that it is probable The amendment also specifies for pur- 60 days after publication of this notice criteria for In the FEDERAL REGISTER. that the yearly dose to the hands would poses of Appendix "B", Note, about 5 reins, from handling under which Part 20 is amended as follows: not exceed determining conditions Incident to storage, installation and re- as not 1. Revise paragraph 3 of the Appendix radionuclides may be considered moval of counterweights in aircraft. present in a mixture. These criteria are "B" Note to read: Part 20 limit for ex- new paragraph 5 to be Ten percent of the set forth~in the 3. If any of the conditions specified below posure to the hands and forearms of added to the Appendix "B" Note. Under are met, the corresponding values specified may demon- Individuals in a restricted area Is 7.5 rem the amendment a licensee below may be used in lieu of those specified per year. The whole body dose is un- Is not present 2 above. strate that a radionuclide in paragraph likely to exceed a small fraction of the by appropriate physical a. If the identity of each radionuclide in in a mixture dose limit for individuals in unrestricted assay of the mixture or by the process of the mixture is known but the concentration because of of one or more of the radionuclides in the areas. .elimination when it is known, is not known, the concentration Shipping casks made of uranium, or the nature of the licensed operations, mixture not limit for the mixture is the limit specified incorporating uranium as a shielding that certain radionuclides are in Appendix "B" for the radionuclide in the material, are frequently used to ship present. mixture having the lowest concentration of byproduct material. In addition to a Notice is hereby given that adoption limit; or byproduct material license, the receiver Part b. If tl.e identity of each radionuclide in the following amendment to 10 CFR of such shipments also must have a but it is known 20, "Standards for Protection Against the mixture Is not known, source material license in order to re- in Ap- Radiation," is contemplated. All inter- that certain radionuclides specified the uranium in the shipping cask. present in the mixture, ceive ested persons desiring to submit written pendix "B" are not This proposed amendment would exempt for consid- the concentration limit for the mixture is comments and suggestions the domestic source material li- the lowest concentration limit specified In from eration in connection with the proposed censing requirements such shipping amendment should send them in tripli- Appendix "B" for any radionuclide which is not known to be absent from the mixture; casks made of or incorporating uranium cate to the Secretary. U.S. Atomic Energy as a-shielding material, provided such within or Commission, Washington 25, D.C., casks meet the specifications for contain- ers of radioactive materials prescribed Table I Table II by regulations of the Interstate Com- e. Element (atomic number) and isotope. merce Commission (49 CFR 78.250). Column 1 Column 2 Column 1 Column 2 Notice is hereby given that the Com- Air (pc/ml) Water (pc/mi) Air (pc/ml) Water (pc/nil) mission proposes to adopt the following amendments to Part 40, CFR, "Licensing If it Is known that Sr 90, 1 129, Pb 210, Po 210, At 211, Ra of Source Material." All interested per- 223, Ra 224, Ra 226, Ac 227, Ra 228, Th 230, Pa 231, Th - sons who desire to submit written com- 232, and T-nat are not present ------9XI0------3X10 8 ments and suggestions for consideration Ifit is known that Sr90,1129, Pb 210, Po 210, Rn 223, Ra 226, Ra 228, Pa 231, and Th-nat are not present ------.------0X10- .------2X10- in connection with the proposed amend- If it is known that Srg0, Pb 210, Ra 226 and Ra 228 are 7 ments should send them to the Secretary, not present ------2X0-'------6X0- 7 It it Is known that Ra 226 and Ra 228 are not present ------3X0-' ------. -X10- United States Atomic Energy Commis- Ifit Is known that alpha-emitters and Sr 00, 1129, Pb 210, sion, Attention: Director, Division of Li- 241 and Bk 240 are not Ac 227, Ra 228, Pa 230, Pu - censing and Regulation, Washington 25, present-. - .---.. - .. - . . - . 3X10'------1X10 j ------_-- If it is known tbat alpha-emitters and Pb 210, Ae 227, Rn D.C., within 30 days after publication of 228, and Pu 241 are not present ------3X10------...- 1-0-11_...... this notice In the FEDERAL REGISTER. If it is known that alpha-emitters and Ac 227 are not present ------3X0------. I-10-1. Comments received after that period If t in known that Ac 227, Th 230, Pa 231, Pu 238, Pu 239, will be considered if it is practicable to Pu 240, Pu 242, and Cf 249 are not present ------3X10------110-13 ...... If Pa 231, Pu 239, Pu 240, Pu 242 and Cf 249 are not pres- do so, but assurance of consideration ent ------2X<102------7X10------cannot be given except to comments filed within the period specified. 2. Add the following paragraph 5 to lieve persons exporting, to countries a. Add the following new § 40.23(c): the Appendix "B" Note: other than those listed In 10 CFR § 40.90, (c) A general license designated AEC- 5. For purposes of this note, a radio- uranium in the form of aircraft counter- GRO-SMC is hereby issued authorizing nuclide may be considered as not present in weights installed in aircraft from the the export from the United States to any a mixture if (a) the ratio of the concentra- necessity of obtaining a specific license foreign country or destination, except tion of that radionuclide in the mixture from the Atomic Energy Commission, (2) countries or destinations listed in § 40.90, (CA) to the concentration limit for that extend the present exemption from do- of uranium in the form of counterweights radionuclide specified in Table Ir of Ap- mestic licensing requirements for ura- installed in aircraft, provided that such pendix "B" (MPCA) does not exceed '/0, nium aircraft counterweights to include counterweights have been manufactured CA I storage, installation, removal, and inci- under a specific license issued- by the (i.e. M-P CA f) and (b) the sum of such dental handling, and (3) exempt from Commission and have been impressed ratios for all the radionuclides considered as domestic licensing requirements certain with a statement, clearly legible after not present in the mixture does not exceed shipping casks made of or incorporating plating, which states, "CAUTION-RA- 4 i.e. uranium as a shielding material. DIOACTIVE MATERIAL-URANIUM." CA CB The Commission regulation currently b. Redesignate § 40.13(c) (5) (Wt as + f- V exempts from domestic licensing require- MPCA + ments uranium contained in counter- § 40.13(c)(5) and amend it to read: pro- Dated at Germantown, Md., this 3d weights installed in aircraft. The (5) Uranium contained in counter- day of August 1961. posed amendment set forth below would weights installed in aircraft and stored For the Atomic Energy Commission. extend this exemption to include not only or handled in connection with installa- the counterweights when installed in air- tion or removal of such counterweights WOODFORD B. McCOOL, craft, but also exempt the storage and in or from aircraft; provided that such Secretary. handling of such counterweights in con- counterweights are manufactured in ac- Doe. 61-7495; Filed, Aug. 8, 1961;I nection with the installation or removal cordance with a specific license issued- by [FR. 8:45 a.m.i of the counterweights in or from aircraft. the Commission and that each such unlikely that any indi- It is highly counterweight has been impressed with vidual would be exposed to a radiation a statement, clearly legible after plat- [10 CFR Part 40 1 dose in excess of one-tenth the occupa- ing, which states, "CAUTION-RADIO- tional dose limits of 10 CFR Part 20. LICENSING OF SOURCE MATERIAL The radiation dose rate at the surface ACTIVE MATERIAL-URANIUM," and that there is no removal or penetration Notice of Proposed Rule-Making of the counterweight is about 130 mr/hr of the plating on such counterweights. of beta-gamma radiation, of which the The principal proposed amendments gamma component contributes only 2.1 c. Add the following new § 40.13 (c) (6) set forth below are designed to (1) re- mr/hr. Film badge data and handling to read: . No. 152----4 7144 PROPOSED RULE MAKING

(6) Uranium used as shielding con- Sec. other time units in a day, week, biweekly stituting part of any shipping cask which 89.25 Employee appeals. 89.26 Legal actions. pay period, month, or year. is conspicuously and legibly impressed (k) Whenever, in this part, a period with the legend "CAUTION-RADIOAC- AUTHorrY: I 189.1 to 89.26 issued under of time is stated as a number of days TIVE SHIELDING-URANIUM," a n d sec. 10, 73 Stat. 715, 5 U.S.C. 3009. or a number of days from an event, the which meets the specifications for con- Subpart A-Enrollment period shall be computed in calendar tainers for radioactive materials pre- scribed by § 78.250, Specification 55, Part § 89.1 Definitions. days, excluding the day of the event. 78 of the regulations of the Interstate For the purposes of this part: § 89.2 Coverage. Commerce Commission (49 CFR 78.250). (a) Terms defined by section 2 of the (a) Each employee, other than those d. Redesignate § 40.13(c) (5) (ii) as Federal Employees Health Benefits Act .excluded by paragraph (b) of this sec- § 40.13 (c)(7) and revise it to read as of 1959 have the meanings there set tion, is eligible to be enrolled in a health follows: forth. benefits plan at the time and under the (7) The exemptions in this paragraph (b) "Cancellation" means the act of conditions prescribed in this part. (c)do not authorize the manufacture of filing a Health Benefits Registration (b) Employees in the following groups any of the products described. Form terminating enrollment in a health are not eligible: benefits plan and electing not to be en- (1) Employees serving under appoint- Dated at Germantown, Md., this 3d rolled for the future by an enrolled em- ments limited to one year or less, except day of August 1961. ployee or annuitant who is eligible to acting postmasters. For the Atomic Energy Commission. continue enrollment. (2) Employees whose employment is WOODFORD B. MCCOOL, (c) "Change of enrollment" means of uncertain or purely temporary dura- Secretary. the registration of an enrolled employee tion, or who are employed for brief pe- [F.R. Doc. 61-7497; Filed, Aug. 8, 1961; or annuitant to be enrolled for another riods at intervals, or -who are expected 8:45 a.m.] plan or option, or for a different type of to work less than six months in each coverage (self only or self and family), year. from that for which then enrolled. It (3) Employees in the postal field serv- does not include changes in amount of ice serving under temporary appoint- CIVIL SERVICE COMMISSION Government contribution for female em- ments pending establishment of a [5 CFR Part 89] ployees enrolled for self and family which register. are caused by the gain or loss of a non- (4) Employees having no regular tour FEDERAL EMPLOYEES HEALTH dependent husband. of duty because appointed for irregular BENEFITS PROGRAM (d) "Eligible" means eligible under part-time, when-actually-employed, or the law and this part to be enrolled. other intermittent employment. Notice of Proposed Rule-Making (e) "Employing office" means any of- (5) Employees whose salary, pay, or Notice is hereby given that under au- fice of an agency to which jurisdiction compensation on an annual basis is $350 thority of the Act of September 28, 1959, and responsibility for health benefits ac- a year or less. as amended, 5 U.S.C. 3001 et seq., it is tions for the employee concerned h ave (6) Beneficiary or patient employees proposed to revise Part 89 of Title 5 of been delegated. For enrolled annuitants in Government hospitals or homes. the Code of Federal Regulations to read who are not also eligible employees, the (7) Employees paid on a contract or as hereinafter set forth. office which has authority to approve fee basis. (8) Employees A preliminary draft of this revision payment of annuity or workmen's com- paid on a piecework was previously circulated to Federal pensation for the annuitant concerned basis, except those whose work schedule agencies, employee organizations, health is the employing office. provides for full-time service or part- benefits carriers and others. As a result (f) "Immediate annuity" means an time service with a regular tour of duty. of their comments, the draft was fur- annuity which begins to accrue not later (c) Employees and annuitants en- ther revised and expanded. The draft than one month after the date enroll- rolled under this part who move, without regulations are proposed to become effec- ment under a health benefits plan would a break in service or after a separation of tive November 1, 1961. cease for an employee -or member of three days or less, to an employment in Interested persons may submit written family if he were not entitled to continue which they are excluded by paragraph comments, suggestions, or objections to enrollment as an annuitant. Notwith- (b) of this section shall continue to be the Bureau of Retirement and Insur- standing the foregoing, an annuity which enrolled so long as they are employed ance, United States Civil Service Com- commences on the birth of the post- full-time, or part-time with a regular mission, Washington 25, D.C., within 30 humous child of an employee or annui- tour of duty, unless excluded by sub- days of the date of publication of this tant is an immediate annuity. paragraphs (4), (5), (6), (7), or (8) of notice in the FEDERAL REGISTER. (g) "Option" means a level of bene- paragraph (b) of this section. Subpart A-Enrollment fits. It does not include distinctions as (d) The Commission shall make final Sec. to the members of the family covered. determinations of the applicability of 89.1 Definitions. (h) "Pay period" means the biweekly this section to specific employees or 89.2 Coverage. pay period established pursuant to the groups of employees, 89.3 Enrollment. Federal Employees Pay Act of 1945 for § 89.3 Enrollnwnt. 89.4 Effective date of enrollment. the employees to whom that Act applies; 89.5 Continuation of enrollment. Ca) Initial enrollment. Except 89.6 Cancellation of enrollment. the regular pay period for employees not as 89.7 Termination and suspension of en- covered by that Act; and the period for otherwise provided in this part, each em- rollment. which a single installment of annuity is ployee who becomes eligible must register 89.8 Temporary extension of coverage for customarily paid for annuitants. within 31 days after becoming eligible, conversion. (i) "Register" means to file with the except that a substitute in the postal Subpart B-Approval of Plans and Carriers employing office a properly completed field service must register within 31 days after completing six consecutive pay 89.11 Minimum standards for health bene- Health Benefits Registration Form, fits plans. either electing to be enrolled in a health periods in which he was in pay status 89.12 Minimum standards for health bene- benefits plan or electing not to be en- and in each of which he drew sufficient fits carriers. rolled. "Register to be enrolled" means pay, after other deductions, to permit 89.13 Application for approval of health to register an election to be enrolled. withholding of the amount necessary benefits plans. "Enrolled" means to be enrolled in a for his share of the cost of the health 89.14 Withdrawal of approval of health benefits plan he selects. benefits plans. health benefits plan approved by the (b) Belated enrollment. Upon a de- Subpart C-Administrative Provisions Commission under this part. termination by the employing office that 89.21 Contributions. (j) "Regular tour of duty" means a an employee was unable, for cause be- 89.22 Withholding. work schedule, prescribed in advance to yond his control, to register to be enrolled 89.23 Reserves. continue indefinitely or for at least six or to change his enrollment within the 89.24 Certificates of dependency. months, of a certain number of hours or time limits prescribed by this section, Wednesday, August 9, 1961 FEDERAL REGISTER 7145

the mploying office shall accept his (g) Termination by comprehensive, the survivor annuitant is the sole sur- registration within 31 days after the medical plan or employee organization vivor entitled to continue enrollment in employing office advises him that it has plan. (1) An employee or annuitant the health benefits plan, the office of determined that he was unable, for cause who is enrolled in a comprehensive medi- the retirement system which is acting beyond his control, to register within the cal plan, and who moves outside the geo- as employing office shall change the en- time limits prescribed. graphic area to which enrollment in that rollment from family to individual en- (c) Re-registration. An employee plan is limited, may, within 31 days rollment, effective on the commencing whose enrollment was terminated be- after the move, register to be enrolled in date of annuity for the survivor annui- cause of his completion of 365 days in a another health benefits plan, but may tant. Upon request of the survivor an- nonpay status, because he had a break not change his enrollment from himself nuitant made within 31 days after the in service of more than three days, or alone to himself and family. If a com- first installment of annuity is paid, this because he was furloughed by reason of prehensive plan does not limit enrollnient action shall be rescinded retroactive to reduction in force, must register within to a geographic area, but limits full the effective date of the action, with 31 days after his return to pay status. services to a geographic area, an em- corresponding adjustment in withhold- (d) Enrollment o cooperating em- ployee or annuitant enrolled in that plan ings and contributions. ployees. An employee who serves in who moves outside the full service area, (k) Coverage of family enrollment. cooperation with non-Federal agencies or if already living outside the full serv- An employee or annuitant who enrolls and is paid in whole or in part from non- ice area, moves farther from the nearest for self and family Includes in his en- Federal funds may register to be enrolled office of the plan may, within 31 days rollment all members of his family who within the period prescribed by the Com- after the move, register to be enrolled in are eligible to be covered by his enroll- mission for the group of which the em- another health benefits plan, but may ment, but no person may be covered by ployee is a member following approval change his enrollment from himself two enrollments. by the Commission of arrangements alone to himself and family. (1) Enrollment by proxy. In the dis- providing (1) that the required with- (2) An employee or annuitant who is cretion of the employing office, a repre- holdings and contributions will be made enrolled in a health benefits plan spon- sentative of the employee or annuitant from Federally-controlled funds and sored or underwritten by an employee having a written authorization to do so timely deposited into the Employees organization and whose membership in may register for him. Health Benefits Fund, or (2) that the the employee organization is terminated, § 89.4 Effective date of enrollment. cooperating non-Federal agency will, by may, if the plan terminates his enroll- written agreement with the Federal ment, register, within 31 days after ter- (a) Termination of plan. The effec- agency, make the required withholdings mination of his enrollment in the em- tive date of change of enrollment under and contributions from non-Federal ployee organization plan, to be enrolled § 89.3(0) is the first day of the first pay funds and will transmit them. for timely in another health benefits plan, but may period after the employee's or annui- deposit into the Employees Health Bene- not change his enrollment from himself tant's Health Benefits Registration Form fits Fund. alone to himself and family. is received by his employing office. (e) Open season. Not less often than (h) Overseas posts of. duty. An em- (b) Sole survivor. If a change in fam- once every three years, the Commission ployee who is transferred from a post of ily status results in the enrolled employee will by regulation provide every employee duty within the several States and the having no surviving family member, the an opportunity for enrollment and District of Columbia to a post of duty effective date of his change in enroll- change of enrollment, on such terms and outside the several States and the Dis- ment under § 89.3(f) is the first day of conditions as it may prescribe. trict of Columbia, or the reverse, may the first pay period after the Health (f) Change in family status. (1) An register to be enrolled or change his en- Benefits Registration Form is received enrolled employee or annuitant may rollment with respect to whether his by the employing office. register to change his enrollment from family is covered, the health benefits (c) Generally. The effective date of himself alone to himself and family, and plan in which he is enrolled, which of other enrollments or changes of enroll- an employee, if registered not to be en- the options he selects, or any combina- ment is the first day of the first pay rolled, may register-to be enrolled, at any tion of these, within the period begin- period which begins after the Health time during the period beginning 31 days ning 31 days before the date he leaves Benefits Registration Form is received before a change in marital status and the old post of duty and ending 31 days by the employing office and which fol- ending 60 days after the change in mari- after he arrives at the new post of duty. lows: tal status. An enrolled employee or An annuitant who is eligible to continue (1) A pay period during any part of annuitant may change his enrollment health benefits may register to change which the employee, if not a substitute from himself alone to himself and family enrollment with respect to the health in the postal field service, or annuitant within 60 days after any other change benefits plan, or option, in which en- is in pay or annuity status, or in family status. rolled within 60 days after retirement, (2) If the employee is a substitute in (2) An employee or annuitant may at or the death of the employee on whose the postal field service, the sixth con- any time register to change his enroll- service title to annuity is based, if the secutive pay period in which he was in ment from self and family to self alone. employee is stationed at a post of duty pay status and in each of which he drew (3) An employee who is not enrolled, outside the several States and the Dis- sufficient pay, after other deductions, to but is covered by Medicare or by enroll- trict of Columbia at the time of his re- permit withholding the amount neces- ment, under this part, of a spouse, may tirement or death, as the case may be. sary for his share of the cost of the register to be enrolled within 31 days (i) Termination of plan. An em- health benefits plan he selects. after termination of Medicare or the ployee or annuitant who is enrolled in a § 89.5 Continuation of enrollment. spouse's enrollment, other than by death health benefits plan and whose enroll- or cancellation, and within 60 days after ment is terminated 'by the discontinu- (a) Upon transfer. Except as other- termination, by death, of Medicare or ance of the plan in whole or in part wise provided by this part, the registra- the spouse's enrollment. An employee may register to be enrolled in another tion of an employee or annuitant eligible who Is not enrolled, but is covered by plan within the time set by the Commis- to continue enrollment continues with- Medicare or by the enrollment, under sion, but may not change his enrollment out change when he (1) moves from one this part, of a parent, may register to from himself alone to himself and fam- employing office to another, without a be enrolled within 31 days after the ily. This paragraph does not apply to break in service of more than three days, termination of his coverage. An em- termination of a contract at the end of whether the personnel action is desig- nated as a transfer or not, ployee or annuitant who is covered by a contract period immediately preceded or (2) changes by from one employing office to another by enrollment of another under this part an open season. (j) Sole survivor. reason of reemployment, if he is an an- may register to be enrolled within 31 When an employee or annuitant enrolled for himself and nuitant, or by reason of retirement days after a registration to change the family dies, leaving a survivor annuitant under conditions making him eligible to covering enrollment under subpara- who is entitled to continue the enroll- continue enrollment. For the purposes graph (2) of this paragraph has been ment in a health benefits plan, and it of this part, an employee shall be con- filed. is apparent from available records that sidered to have enrolled at his first op- 7146 PROPOSED RULE MAKING portunity if he registered to be enrolled turns to active duty in his civilian posi- Subpart B-Approval of Plans and during the first of the periods set forth tion. He may register to change his Carriers enrollment within 31 days after his re- in § 89.3 in which he was eligible to § 89.11 Minimum standards for health turn to active duty in his civilian position register or was covered at that time by benefits plans. the enrollment of another employee. with reemployment rights. However, if (b) Upon death. The enrollment of a he returns to active duty in a civilian (a) To be qualified to be approved by deceased employee or annuitant who is position under conditions which do not the Commission, a health benefits plan enrolled for self and family is trans- entitle him to exercise his reemployment must: ferred automatically to his eligible sur- rights, he must register as provided in (1) Comply with the Federal Em- vivor annuitants. The enrollment will § 89.3 (a) for new employees. ployees Health Benefits Act of 1959 and be considered to be that of the survivor (2) An eligible employee who is cov- this part, as amended from time to annuitant from whose annuity all or the ered by another employee's enrollment time. greatest portion of the withholding for may, within 31 days before or after (2) Accept enrollment, in accord- health benefits is made. It covers mem- suspension, register to be enrolled. En- ance with this part, and without regard bers of the family of the deceased em- rollment made pursuant to this para- to age, race, sex, health status, or haz- ployee or annuitant. A remarried spouse graph becomes effective in accordance ardous nature of employment, of all is not a member of the family of the de- with § 89.4, but not before the effective eligible employees or annuitants except ceased employee or annuitant. date of suspension, and terminates, with- that plans which are sponsored or out temporary extension of coverage, underwritten by employee organizations § 89.6 Cancellation of enrollment. upon reinstatement of the suspended may not accept enrollment of persons An enrolled employee or annuitant enrollment. who are not members of the organiza- may at any time register to cancel his (c) Of annuitants. An annuitant's tion, but may not limit membership in enrollment by filing with his employing enrollment ceases, subject to the tem- the organization on account of these office a properly completed Health Bene- porary extension of coverage for con- prohibited factors. The enrollment of fits Registration Form. The cancellation version, at midnight of the last day of an employee or of an annuitant other becomes effective on the last day of the the pay period in which he dies, unless than a survivor annuitant in a health pay period following the pay period in he leaves a member of the family entitled benefits plan sponsored or underwritten which the Health Benefits Registration to continue enrollment as a survivor by an employee organization may be Form cancelling his enrollment is re- annuitant, or, if his enrollment is not terminated by the carrier on account of ceived by his employing office. He and terminated by death, at midnight of the termination of membership in the or- the members of his family are not en- earlier of the following dates: ganization. A comprehensive medical titled to the temporary extension of (1) The last day of the last pay period plan need not enroll employees and coverage for conversion or to convert for which he is entitled to annuity, unless annuitants residing outside geographic to an individual contract for health he is eligible for continued enrollment areas specified by the plan and may ter- benefits. as an employee, in which case his en- minate the enrollment of employees and Termination and suspension of rollment continues without change; annuitants who move outside the geo- § 89.7 the pay period in enrollment. (2) The last day of graphic areas. which his title to compensation under (3) Provide for coverage of enrolled (a) Of employees. An employee's en- the Federal Employees Compensation employees and annuitants and covered rollment ceases, subject to the temporary Act, as amended, terminates, or in which members of their families wherever they extension of coverage for conversion, at he is held by the Secretary of Labor to may be. midnight of the earliest of the following be able to return to duty,' unless he is (4) Provide for conversion to a con- dates: eligible for continued enrollment as an tract for health benefits regularly offered (1) The last day of the pay period in employee or as an annuitant under a by the carrier, or an appropriate affil- which he is (i) furloughed by reason of retirement system for civilian employees, iate, for group conversion purposes, reduction in force, or (ii) separted from in which cases his enrollment continues which must, at the option of the em- the service other than by retirement without change. ployee, annuitant, or member of the under conditions entitling him to con- (d) Of members of the family. The family, as the case may be, be guar- tinue his enrollment. coverage of a member of the family of anteed renewable, subject to such (2) The last day of the pay period in an enrolled employee or annuitant amendments as apply to all contracts of which his employment status changes so ceases, subject to the temporary exten- this class, except that it may be can- that he is excluded from enrollment. sion of coverage for conversion, at mid- celled for fraud, over-insurance, or non- (3) The last day of the pay period in night of the earlier of the following payment of periodic charges. Conver- which he dies, unless he leaves a member dates: sion must be permitted within the time of the family entitled to continue en- (1) The day on which he ceases to be allowed by the temporary extensions of rollment as a survivor annuitant. a member of the family. coverage provided under § 89.8 for each (4) The 365th day of continuous non- (2) The dayfthe employee or annui- employee, annuitant, and member of pay status. tant ceases to be enrolled, unless the family entitled to convert; but, if an (5) For substitutes in the postal field member is entitled, as a survivor annui- employee is given written notice by his service whose enrollment is not termi- tant, to continued enrollment. employing, office of his privilege of con- nated as otherwise provided in this sec- version, conversion must be permitted at tion, the last day of the 13th consecutive § 89.8 Temporary extension of coverage for conversion. any time before (I) fifteen days after pay period, exclusive of periods of ap- the date of the notice or (ii) seventy- proved leave without pay of six months An employee or annuitant whose en- five days after his enrollment is ter- or more, during which his pay was not rollment is terminated other than by minated, whichever is earlier; and if the sufficient to permit withholding of the cancellation, and a member of the of of the Commission requests an extension amount necessary for his share family whose coverage is terminated time for conversion because of delayed cost of the health benefits plan in which other than by cancellation of the enroll- determination of ineligibility for im- he is enrolled. ment under which he' is covered, is mediate annuity, conversion must be (b) On entering a uniformed service. entitled to a 31-day extension of cov- of an em- permitted until the date specified by the (1) Enrollment and coverage erage for himself, or himself and family, Commission in Its request for extension. ployee or annuitant who enters on ac- as the case may be, without contribu- The contract shall, upon conversion, be- tive duty or active duty for training in tions by the enrolled person or the Gov- come effective as of the day following the one of the uniformed services (I) for a ernment, during which he is entitled to last day of the temporary extension, and period of time which is not limited to exercise the right of conversion provided the employee, annuitant, or member of 30 days or less, and (ii) under conditions for by this part. The 31-day extension the family, as the case may be, shall pay him to reemployment in which entitle of coverage and the right of conversion the entire cost thereof directly to the his civilian position, and the coverage of for any person ends upon the effective carrier. The non-group contract may the members of his family, are suspended or other is date of a new enrollment under this not deny or delay an obstetrical on the date of entry. His enrollment covered by the contract for a reinstated without change when he re- part which covers the person. benefit Wednesday, August 9, 1961 FEDERAL REGISTER 7147 person converting from a plan approved fits Fund. However, contracts with examine its records and accounts which under this part, except to the extent that group-practice plans shall be commu- pertain, directly or indirectly, to the plan benefits are continued under the health nity-rated, and the carrier shall, instead at such reasonable times and places as benefits plan from which he converts. of the foregoing provisions of this para- may be designated by the Commission (5) (1) Provide that any person who graph, agree to furnish such financial or the General Accounting Office. has been granted a temporary extension and accounting reports, and to follow (e) It must agree not to advertise a of coverage in -accordance with § 89.9 such recording procedures, as shall be plan approved under the Federal Em- and who, on the 31st day of the tempo- mutually agreed upon by the carrier and ployees Health Benefits Program, or its rary extension, is confined in a hospital the Commission. participation in the Program, to em- or other institution for care or treatment (b) To be qualified to be approved by ployees, or solicit enrollment of em- shall be granted continuation of the the Commission, a health benefits plan ployees in a plan approved under the benefits of the plan during the contin- must not: Program, other than in accordance with uance of the confinement but not beyond (1) Deny any covered person a benefit the instructions of the Commission. the 60th day following the end of the provided by the plan for a service rend- (f) It must agree to accept, subject temporary extension. ered on or after the effective date of to adjustment for error or fraud, In (ii) Provide that any person whose coverage solely because of a pre-existing payment of its charges for health bene- enrollment has been changed from one physical or mental condition, except that fits for all employees and annuitants plan to another, or from one option of a plan may provide benefits for dentistry enrolled in its plan, the enrollment a plan to the other option of that plan, or cosmetic surgery, or both, limited to charges received by the Employees Health and who is confined in a hospital or conditions arising after the effective date Benefits Fund less the amounts set aside other institution on the last day of en- of coverage; or require a waiting period for the administrative and contingency rollment under the prior plan or option for any covered person for benefits which reserves prescribed by this part. The shall be granted a continuation of the it provides, except that a plan may, with Commission will pay over the amounts benefits of the.prior plan or option dur- the approval of the Commission, limit due each carrier at such times as are ing the continuance of the confinement, benefits for services rendered to a person, agreed upon by the carrier and the Com- but not beyond the 91st day following the other than a person changing from a dis- mission. last day of enrollment in the prior plan continued health benefits plan or option (g) A carrier which is an' employee or option; and that the plan or option to another, who, on the effective date of organization must agree to continue cov- enrollment, is confined in a- hospital or erage, without requirement of member- to which enrollment has been changed ship, of any eligible survivor annuitants shall not pay benefits with respect to other institution, so long as the person that person while that person is entitled is continuously confined therein. For of member employees and of annuitants. to continuance of benefits under the the purposes of this subparagraph, "con- § 89.13 Application for approval of prior plan or option. tinuous confinement" means one or more health benefits plans. periods of confinement without a break (6) Provide that each employee and - Application for approval of compre- annuitant who enrolls in the plan receive of 31 consecutive days between actual confinements, except that a carrier may, hensive medical plans may be made by a brochure, in a form to be approved by letter to the United States Civil Service the Commission, summarizing the condi- by agreement with the Commission, provide that a shorter break shall ter- Commission, Washington 25, D.C. Ap- tions of the plan, including, but not lim- proval of a plan will become effective on a ited to, those concerning benefits, claims, minate a continuous confinement. (2) Have more than two options. date to be set by the Commission for the and payment of claims, and an identifi- plan. cation card or cards evidencing his (3) Have an initiation, service, en- enrollment. rollment, or other fee or charge in ad- § 89.14 Withdrawal of approval of (7) Provide a standard rate structure dition to the rate charged for the plan, health benefits plans. except that, notwithstanding subpara- which contains, for each option, one graph (1) of this paragraph, compre- (a) The Commissioners may, on ap- standard individual rate, and one stand- plication of a carrier or on their own ard family rate, without geographical or hensive medical plans may impose an additional charge to be paid directly by motion, withdraw their approval of a other variations. health benefits plan. (8) Maintain statistical records re- the employee or annuitant for certain medical supplies and services, if the sup- (b). Before withdrawing approval of garding- the plan, separately from those the plan, the Commissioners shall cause or benefits con- plies and services on which additional of any other activities charges are imposed are clearly set forth to be sent, by certified mail, a notice to ducted or offered by the carrier sponsor- in advance and are applicable to all em- the carrier stating that they intend to ing or underwriting the plan. withdraw their approval, and giving the to the Em- ployees and annuitants. This subpara- (9) Provide for return graph does not apply to charges for reasons therefor. The carrier is entitled ployees Health Benefits Fund, at the end to reply in writing within 15 days of of each contract period, of so much of membership in employee organizations sponsoring or underwriting plans. its receipt of the notice, stating the the subscription charges and other in- reasons why approval should not be come attributable to the plan as exceeds § 89.12 Minimum standards for health withdrawn. the sum incurred for benefit payments, benefits carriers. (c) On receipt of the reply, or in the premium and other taxes attributable to A health benefits plan will not be ap- absence of a timely reply, the Commis- the plan, and other expenses; the risk proved by the Commission unless the sioners shall set a time and place for charge or retention authorized by the carrier of the plan meets, in addition to hearing. The Commissioners shall con- Commission for the plan; and a special the requirements of the Federal Em- duct the hearing or designate a repre- reserve which shall not exceed the- lat- ployees Health Benefits Act of 1959, the sentative to do so. The carrier shall be est three calendar months' *subscription following requirements: given notice thereof, by certified mail, at charges paid from the Fund, except with (a) It must be lawfully engaged in least 15 days in advance of the hearing. the express approval of the Commission. the business of supplying health benefits. The carrier is entitled to appear by rep- Amounts returned shall be credited to (b) It must have, in the judgment of resentative and present oral and written the contingency reserve for that plan. the Commission, the financial resources evidence and argument in opposition to Amounts retained by the carrier as re- and experience in the field of health the proposed action. serves for the plan must be accounted benefits to carry out its obligations under (d) The Commissioners shall make for separately from reserves maintained the plan. their decision on the record and com- by the carrier for other plans. The spe- (c) It must agree to keep such reason- cial reserve shall be invested and income municate it to the carrier by certified able financial and statistical records and mail. The Commissioners may set a derived from investment of the special -furnish such reasonable financial and reserve, or an interest rate agreed upon statistical reports with respect to the future effective date for withdrawal of in advance, shall be credited to the re- plan as may be requested by the their approval. serve. In the event the contract is ter- Commission. (e) The Commissioners may, in their minated or approval of the plan is with- (d) It must agree to'permit represen- discretion reinstate approval of a plan drawn, the 'special reserve shall be tatives of the Commission and of the upon a finding that the reasons for with- returned to the Employees Health Bene- General Accounting Office to audit and drawing approval no longer exist. 7148 PROPOSED RULE MAKING

Subpart C-Administrative than 12 weeks for annuitants whose com- physician that the child is incapable of Provisions pensation under the Federal Employees' self-support because of a physical or Compensation Act is paid each four mental incapacity which existed before § 89.21 Contributions. weeks). When the waiver or suspension the child became 19, and can be expected (a) The Government contribution for expires, the withholding for the period to continue for more than one year. The all plans, except those for which another of suspension or waiver during which en- certificate must include a statement of contribution is set by paragraph (b) of rollment was continued will be made. the name of the child, the nature of his this section, for each enrolled employee If the waiver or suspension continues impairment, the period of time it has who is paid biweekly is as follows: beyond the period during which enroll- existed, and its probable future course ment is continued by this paragraph, the and duration. The certificate must be For an employee enrolled for self alone ------$1.30 annuitant's enrollment will be suspended, signed by the physician and show his For an employee enrolled for self and subject to the temporary extension of office address. When an employee or family ------3.12 coverage for conversion, effective at the annuitant is enrolled for a family which For a female employee enrolled for self end of the period of continuation of en- includes a child under 19 who is inca- and a family which Includes a non- rollment provided by this paragraph. If pable of self-support because of a dependent husband ------1.82 suspension of annuity or compensation physical or mental incapacity, the cer- (b) The biweekly Government con- is because of employment, withholding tificate must be filed with the employing tribution for each employee or annuitant will be currently made by the employing office on or before the child's 19th birth- enrolled in a plan whose total enrollment office, and enrollment will continue dur- day, except that the employing office charge is less than twice the appropriate ing employment. A suspended enroll- may accept otherwise satisfactory evi- contribution listed in paragraph (a) of ment is automatically reinstated when dence of incapacity not timely filed. this section is 50 percent of the enroll- payment of annuity or compensation is (c) A certificate of incapacity must ment charge, except that the Govern- resumed. be renewed upon the expiration of the ment contribution for a female employee (d) The Government does not with- minimum period of disability certified. who is enrolled for herself and a family hold from an employee who is in nonpay (d) Determinations of incapacity including a nondependent husband is 30 status, or from an annuitant for periods shall be made by the employing office. for which he does percent of the enrollment charge. not receive annuity. § 89.25 Employee appeals. (c) The Government contribution for § 289.23 Reserves. annuitants and for employees who are (a) An employee or annuitant may not paid biweekly is a percentage of that (a) The enrollment charge consists appeal a refusal of an employing office fixed by paragraphs (a) and (b) of this of the rate approved by the Commission to permit him to register to enroll, or section proportionate to the length of for payment to the plan for each em- to change enrollment. The appeal shall the pay period, rounding fractions of a ployee or annuitant enrolled, plus four be made in writing, within 30 days of the cent to the percent, of which one part is -for an refusal, to the Bureau of Retirement and nearest cent. administrative (d) The Government contribution for reserve and three parts Insurance, United States Civil Service employees whose annual salary is paid are for a contingency reserve for the Commission, Washington 25, D.C. during a period shorter than 52 work plan. (b) An employee or annuitant may weeks shall be determined on an annual (b) The administrative reserve shall appeal a refusal of the Bureau of Re- be basis and pro-rated over the number of credited with (1) the one one-hun- tirement and Insurance to permit him installments of pay regularly paid dui- dred-and-fourth of the enrollment to register to enroll, or to change enroll- ing the year. charge set aside for the administrative ment. The appeal shall be made in (e) The Government does not make a reserve, and (2) income from investment writing, within 90 days of the refusal, contribution for an employee or an- of the reserve. The administrative re- to the Board of Appeals and Review, nuitant for periods for which withhold- serve is available for payment of admin- United States Civil Service Commission, ing is not made. istrative expenses of the Commission Washington 25, D.C. incurred under this part. (c) The employing office may make, § 89.22 Withholdings. (c) The contingency reserve for each and the Commission may order, prospec- (a) The witholdings required from en- plan shall be credited with (1) the three tive correction of administrative errors rolled survivor annuitants shall be taken one-hundred-and-fourths of the enroll- as to enrollment at any time. from the annuity of the surviving spouse, ment charge set aside for the contin- (d) The Commission does not adjudi- if any. If that annuity is less than the gency reserve from the enrollment cate individual claims for payment, or withholding required, the annuity of the charges for employees and annuitants service under health benefits plans, nor youngest child shall be withheld to the enrolled for that plan, (2) income from does it arbitrate or attempt to compro- extent necessary, and, if necessary, the investment of the reserve, and (3) all mise disputes between an employee or annuity of each next older child, in suc- dividends, rate adjustments, or other re- annuitant and his carrier as to claims cession, until the witholding is satisfied. funds made by the plan. for payment or service. (b) If the annuity of an annuitant or § 89.24 Certificates of dependency. § 89.26 Legal actions. of all annuitants in a family is not suffi- cient to pay the withholdings (a) When an employee or annuitant Actions to compel enrollment of an for the enrolls for a family which includes a de- employee or annuitant not excluded by plan in which the annuitants are en- pendent husband, the employing office § 89.2 should be brought against the em- rolled, the employing office shall notify shall require a certificate ploying the annuitant of the plans available at a of a physician office. Actions to recover on a cost not in excess of the annuity. The that the husband is incapable of self- claim for health benefits should be annuitant may register support because of a physical or mental brought against the carrier of the health to be enrolled in disability that can be expected benefits plan. Actions to another plan whose cost is no greater to con- review the le- than his annuity. If the annuitant does tinue for more than one year. The cer- *gality of the Commission's regulations not, or cannot, elect a plan at a cost to tificate must include a statement of the or a decision made by the Commission him not in excess of the annuity, the en- name of the husband, the nature of his should be brought against the United rollment of the annuitant shall cease, impairment, the period of time it has States Civil Service Commissioners, effective as of the end of the last period existed, and its probable future course whose address is Eighth and F Streets and duration. The certificate must be NW., Washington 25, D.C. for which withholding was made. Each signed annuitant whose enrollment is so ter- by the physician and show his UNITED STATES CIVIL SERv- minated is entitled to a 31-day extension office address. ICE COMMISSION, of coverage for conversion. (b) When an employee or annuitant [SEAL] MARY V. WENZEL, (c) Whenever annuity or compensa- enrolls for a family which includes a Executive Assistant to tion are entirely waived or suspended, child incapable of self-support who has the Commissioners. the annuitant's enrollment continues for reached the age of 19, the employing [P.R. Doe. 61-7529; Filed, Aug. 8, 1961: not more than three months (not more office shall require a certificate of the 8:50 a.m.] Wednesday, August 9, 1961 FEDERAL REGISTER 7149

Issued in Washington, D.C., on gional Air Traffic Management Field FEDERAL AVIATION AGENCY August 2, 1961. Division Chief. [14 CFR Part 600] J. R. BAILEY, This amendment is proposed under Assistant Chief, section 307(a) of the Federal Aviation [Airspace Docket No. 61-NY-39] Airspace Utilization Division. Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). FEDERAL AIRWAYS [F.R. Doc. 61-7498; Filed, Aug. 8, 1961; Issued in Washington, D.C., on 8:45 a.m.] August 2, 1961. Alteration J. R. BAILEY, Pursuant to the authority delegated [ 14 CFR Part 600] Assistant Chief, to me by the Administrator (14 CFR Airspace Utilization Division. 409.13), notice is hereby given that the [Airspace Docket No. 61-NY--48] [F.R. Doc. 61-7499; Filed, Aug. 8, 1961; Federal Aviation Agency (FAA) is con- FEDERAL AIRWAYS sidering an amendment to § 600.1546 of 8:46 a.m.] the regulations of the Administrator, the Alteration substance of which is stated below. Pursuant to the authority delegated to [ 14- CFR Parts 600, 601 1 Intermediate altitude VOR Federal me by the Administrator (14 CFR airway No. 1546 [Airspace Docket No. 61-NY-401 is designated in part 409.13), notice is hereby given that the from the Cofleld, N.C., VOR as a 10-mile Federal Aviation Agency (FAA) is con- FEDERAL AIRWAYS AND wide airway to the intersection of the sidering an amendment to § 600.1698 of CONTROLLED AIRSPACE Cofield VOR 046* and the Cape Charles, the regulations of the Administrator, the Va., VOR 200* True radials. The FAA substance of which is stated below. Designation of Federal Airways and Is considering the redesignation of this Intermediate altitude VOR Federal Associated Control Areas segment of Victor 1546 as a 10-mile wide airway No. 1698 is presently designated airway to the intersection of the Cofleld Pursuant to the authority delegated to in part as a 16-mile wide airway from the me by the Administrator (14 CFR 409.- VOR 101" and the Cape Charles VOR Binghamton, N.Y., VOR to the Wilton, 1880 True radials. 13), notice is hereby given that the This redesignation Conn., VOR. The FAA has under con- would provide a segment of intermediate Federal Aviation Agency is considering sideration alteration of this segment of altitude airway structure connecting amendments to Parts 600 and 601 of the airway by redesignating it from the with Oceanic control regulations of the Administrator, the area extension 1181 Binghamton VOR via the Huguenot, to facilitate the transitioning of substance of which is stated below. air N.Y., VOR to the Wilton VOR. The seg- traffic between the continental The Federal Aviation Agency is con- control ment of Victor 1698 between Bingham- area and the off-shore area. The re- sidering the designation of low altitude ton and Wilton is unusable for duced airway width from 16 to 10 miles the VOR Federal airway No. 423 from the reason that the Wilton VOR radial on would provide additional airspace for jet Ithaca, N.Y., VOR to the Syracuse, N.Y., which this segment aircraft operating in the vicinity is based may not be VOR via the intersection of the Ithaca of NAS adjusted within tolerances. Oceana, Va. Addition- VOR 001* True radial and the enroute ally, this alteration would align Victor Interested persons radial between the Watkins Glen, N.Y., may submit such 1698 to overlie low written data, views or altitude VOR Federal and Syracuse VOR's. This would pro- arguments as they airway No. 252 between Binghamton may desire. Communications should be and vide continuity in the low altitude air- Huguenot and facilitate submitted in triplicate to the Assistant the transition way structure and provide a more direct of aircraft between the low and Administrator, Eastern Region, Attn: inter- -low altitude route for VOR equipped air- mediate altitude Chief, Air Traffic Management Field airways systems. craft operating between Di- Interested persons Ithaca and vision, Federal Aviation Agency, Federal may submit such Syracuse. written data, views Building, New York International Air- or arguments as they The control area associated with this may desire. Communications should port, Jamaica 30, N.Y. All communica- be proposed airway segment would extend submitted tions received within forty-five days after in triplicate to the Assistant from 700 feet above the surface to the Administrator, Eastern Region, Attn: publication of this notice in the FEDERAL base of the continental control area. Chief, Air Traffic Management REGISTER will be considered before action Field Separate actions would be initiated Division, Federal Aviation Agency, Fed- to implement on an area is taken on the proposed amendment. eral basis Amendment No public hearing is contemplated at this Building, New York International 60-21 to Part Airport, 60 of the Civil Air time, but arrangements for informal con- Jamaica 30, N.Y. All com- Regulations. munications received within forty-five ferences with Federal Aviation Agency Interested persons may submit such days after publication of this notice officials may be made by contacting the in written data, views or arguments as the FEDERAL REGISTER Regional Air Traffic Management Divi- will be con- they may desire. Communications sidered before action is taken on sion Chief, or the Chief, Airspace Uti- should be submitted in triplicate to the lization Division, Federal Aviation the proposed amendment. No public Assistant Administrator, hearing Eastern Region, Agency, Washington 25, D.C. Any data, is contemplated at this time, but Attn: Chief, Air Traffic Management arrangements for informal views or arguments presented during conferences Field Division, Federal Aviation with Federal Agency, such conferences must also be sub- Aviation Agency officials Federal Building, New York International may be made by contacting the mitted in writing in accordance with this Regional Airport, Jamaica 30, N.Y. All communi- Air Traffic Management Division notice in order to become part of the Chief, cations received within forty-five days record for consideration. The proposal or the Chief, Airspace Utilization Divi- after publication of this notice in the sion, Federal Aviation contained in this notice may be changed Agency, Washing- FEDERAL REGISTER will be considered be- ton 25, D.C. Any data, views or argu- fore action is taken on the proposed in the light of comments received. ments presented during such conferences The official Docket will be available amendment. No public hearing is con- must also be submitted in writing in ac- templated at this time, but arrangements for examination by interested persons cordance with this notice in order to be- at the Docket Section, Federal Aviation for informal conferences with Federal come part of the record for considera- Aviation Agency officials may be made by Agency, Room B-316, 1711 New York tion. The proposal contained in this contacting the Regional Air Traffic Avenue Man- NW., Washington 25, D.C. An notice may be changed in the light of agement Division Chief, or the Chief, informal Docket will also be available comments received. Airspace Utilization Division, Federal for examination at the office of the Re- The official Docket will be available Aviation Agency, Washington 25, D.C. gional Air Traffic Management Field Di- for examination by interested persons at Any data, views or arguments presented vision Chief. the Docket Section, Federal Aviation during such conferences must also be Agency, Room B-316, 1711 New York This amendment is proposed under submitted in writing in accordance with Avenue NW., Washington 25, D.C. An this notice in order to become part of section 307(a) of the Federal Aviation informal Docket will also be available the record for consideration. The pro- Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). for examination at the office of the Re- posal contained in this notice may be 7150 PROPOSED RULE MAKING changed in the light of comments and TV intercity relay stations operat- performance measurements which the received. ing in the band 890-940 Mc to continue broadcast station is required to make, The official Docket will be available there on a non-interference basis to shall be made with the STL circuit oper- for examination by interested persons Government use of that band. ating in the same manner as it operates at the Docket Section, Federal Aviation 3. In taking a new look at the situa- during regular operation, i.e., if more Agency, Room B-316, 1711 New York tion in the light of developments up to than one aural channel is normally used, Avenue NW., Washington 25, D.C. An this time, we find that many licensees the measurements shall be made with informal Docket will also be available operate their FM and TV broadcast sta- all such channels in use. Other amend- for examination at the office of the Re- tions and sometimes the AM broadcast ments are made to conform Part 2 and gional Air Traffic Management Field station at a common transmitter site Subpart E and F of Part 4 of the rules. Division Chief. and have their AM, FM, and TV studios 5. Authority for the adoption of the at a common location. Thus we may Amendments proposed herein is con- This amendment is proposed under tained in sections section 307(a) of the Federal Aviation have three separate radio circuits de- 4, and 303 of the Com- livering program material from a com- munitcations Act of 1934, as amended. Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). mon studio location to a common trans- 6. The proposed amendments are set Issued in Washington, D.C., on August mitter location. This is not only waste- forth below. 2, 1961. ful of spectrum but also adds to the 7. Pursuant to applicable procedures installation J. R. BAILEY, and operating costs of the set out in § 1.213 of the Commission Assistant Chief, licensee. Where these two or three pro- rules, interested persons may file com- Airspace UtilizationDivision. gram circuits can be feasibly combined ments on or before August 25, 1961, and on a single radio circuit, a substantial reply comments on or before September [F.R. Doc. 61-7500; Filed, Aug. 8, 1961; saving in spectrum and cost would re- 11, 1961. In reaching its decision on 8:46 a.m.] suit. Improvements in multiplexing the rules and standards of general ap- techniques appear to make it possible plicability which are proposed herein, to transmit more than one aural pro- the Commission will not be limited to gram over a single radio circuit and consideration of comments of record, FEDERAL COMMUNICATIONS within the bandwidths now assigned to but will take into account all relevant STL and intercity relay stations, without information obtained in any manner COMMISSION serious degradation of the aural program from informed sources. quality. Although specific 8. In accordance with the provisions [47 CFR Parts 2, 41 technical performance standards are not estab- of § 1.54 of the rules, an original and [Docket No. 14227; ICC 61-987] lished for STL and Intercity relay cir- 14 copies of -all written comments and cuits, the rules governing the various statements shall be furnished to the AM, FM AND TV (AURAL) STL AND classes of broadcast stations contain Commission. INTERCITY RELAY STATIONS overall performance requirements for the entire system from the microphone Adopted: July 26, 1961. Combine Into Single Categories and input to the antenna output of the trans- Released: August 4, 1961. Permit Multiplex Operation to Pro- mitter and the STL circuit cannot con- vide Program Circuits for More tribute too much degradation if these FEDERAL COMMUNICATIONS Than One Class of Broadcast Sta- overall requirements are to be met. COMMISSION, tion Operated by the Same Li- 4. Therefore, we invite comments on a (SEAL] BEN F. WAPLE, Acting Secretary. censee proposal to amend Parts 2 and 4 of the Commission rules to do away with the Parts 2 and 4 of the Commission rules 1. Present Commission rules provide present separate classifications of stand- are proposed for the operation of STL stations (studio- ard broadcast, FM broadcast and tele- to be amended in the fol- lowing respects: transmitter link) by the licensees of vision broadcast (aural) STL stations 1. Section 2.1 is amended by deleting standard, FM and television broadcast and to combine them into a single cate- the definitions "FM broadcast STL sta- stations and intercity relay stations by gory to be called Aural Broadcast STL tion" and "FM Intercity relay stations", the licensees of FM and television broad- stations. Such stations could be used and Inserting the following new defini- cast stations. STL stations are used to to serve any one or all classes of broad- provide a program circuit by radio be- tions in the appropriate alphabetical cast stations operated by a single li- order: tween the main studio or an auxiliary censee at a common transmitter site. studio of a broadcast station, to Its We also propose to amend the TV aux- - § 2.1 Definitions. transmitter site, and intercity relay sta- iliary rules to permit a TV (video) STL tions are used to transmit programs be- station to carry one or more aural pro- tween stations for network operation. gram circuits to serve other classes of Aural broadcast STL station. A fled Certain frequencies between 942 and 952 broadcast stations operated by the same station utilizing telephony for the trans- Mc may be used for the transmission of licensee at the TV transmitter site. We mission of aural program material be- aural program material and frequencies also propose to combine the present FM tween a studio and the transmitter of in the vicinity of 2,000, 7,000, and 13,000 and TV (aural) intercity relay stations broadcasting stations other than inter- Mc are available on an exclusive basis into a single category called aural broad- national broadcasting stations, for simul- for the transmission of video program cast intercity relay stations and by add- taneous or delayed broadcast. material. If desired, the accompanying ing provisions for standard broadcast Aural broadcast intercity relay sta- aural program may be multiplexed on intercity relay operations, make it avail- tion. A fixed station utilizing telephony the video STL circuit. able to standard, FM and television sta- for the transmission of aural program 2. When these rules were first adopted, tion licensees. We also propose to material between broadcasting stations FM broadcast STL and intercity relay include specific provision for the trans- other than international broadcasting stations were allocated frequencies in mission of operational communications' stations, for simultaneous or delayed the band 940-952 Mc, AM (standard) directly related t" the operation of the broadcast. . broadcast STL stations were restricted broadcast station and non-broadcast 2. In § 2.104(a) (5), to the the table of fre- upper portion of the 890-940 Mc material which is to be transmitted by quency band allocations is amended by chang- and TV broadcast (aural) STL and an FM broadcast station pursuant to a intercity relay stations were restricted to ing the entries in Column 9 for the Subsidiary Communications Authoriza- band 942-952 Mc and footnote NG 14 the lower portion of that band. A sub- tion. However, STL or intercity relay is amended to read as follows: sequent reallocation (Docket No. 12404) stations will not be authorized to be transferred aural STL and intercity relay used solely for such non-broadcast or § 2.104 Frequency allocations. (a) Table operation to the band 942-952 Mc with operational communications. In all of frequency alloca- provisions for existing AM and TV STL cases where an STL is used, the periodic tions. * * Wednesday, August 9, 1961 FEDERAL REGISTER 7151

(5) " " " operational or subsidiary communica- tions. Operational communications in- F , at-r--..,SERVICES clude cues, orders, and other communica- Band (Me) Bervie. Claw of station Qsy N.ata. o, Istatons tions related to the operation of the broadcasting station as well as special S .10, 1I signals used for telemetry or the control of apparatus used in conjunction with S S S * the broadcasting operation. (d) Multiplexing may be used to pro- 942-052 Fixed ...... Aural broad-...... vide additional channels on an aural (NOrS) cast STL. broadcasXintercity relay station for the (N13a) b. Interna------* TNI01) tional ' transmission of operational communica- arongaU- tions. tical fied where multiplexing (Alaska. (e) In any case Hawaii is employed on an aural broadcast STL and U.S. station for the simultaneous transmis- Posses- slons sion of more than one aural channel. only). the STL transmitter must be capable of c.Interna- tional transmitting the multiple channels with- fixed pub- in the channel on which the STL station 11o (Alaska, is authorized to operate and with ade- Hawaii quate technical quality so that each and U.S. Posses- broadcast station utilizing the circuit sions can meet the technical performance only). standards stipulated in the rules govern- ing that class of broadcasting station. If multiplex operation is employed during NG14 Aural broadcast intercity relay stations may be authorized to use the bond 942-952 Me on the condition that harmful interference willnot be caused to other classes the regular operation of the STL station, of stations operating in accordance with the Table of Frequency Allocations. the additional circuits shall be in opera- tion at the time that the required peri- 3. The title of Subpart E of Part 4, operation on any frequency between 890 are Mc and 942 Mc, may continue to be odic performance measurements Is changed to read as follows: made of the overall broadcasting system operated on such frequencies for the Subpart E-Aural Broadcast STL and remainder of the term specified in such from the studio microphone input cir- Intercity Relay Stations cuit to the broadcast transmitter output authorization and may upon appropriate circuit. application therefor, be granted a re- 4. Section 4.501 is amended to read as 4.532 Is amended to read follows: newal of such license, spUbject to the con- 7. Section dition that no harmful Interference shall as follows: § 4.50 1 Classes of stations. be caused to the radiolocation service (a) Aural broadcast STL station. A operating in the band 890-942 Mc and § 4.532 Licensing requirements. fixed station utilizing telephony for the subject to the further condition that the (a) An auralbroadcast STL or inter- transmission of aural program material licensee must accept any interference city relay station will be licensed only between a studio and the transmitter which may be caused by the operation of to the licensee of a broadcasting station of a broadcasting station other than an radiolocation stations in the band 890- other than an international broadcasting international broadcasting station, for 942 Mc and industrial, scientific, and station. simultaneous or delayed broadcast. medical (ISM) equipment in the band (b) More than one aural broadcast (b) Aural broadcast intercity relay 890-940 Mc. STL or intercity relay station may be station. A fixed station utilizing t]leph- . 6. Section 4.531 is amended to read as licensed to a single licensee upon a satis- ony for the transmission of aural pro- follows: factory showing that the additional sta- gram material between broadcasting tions are needed to provide different stations other than international broad- § 4.531 Permissible service. program circuits to more than one broad- casting stations, for simultaneous or de- (a) An aural broadcast STL. station cast station, to provide program circuits layed broadcast. is authorized to transmit aural program from other studios, or to provide one Nom 1: The abbreviation "STL" Is derived material between the studio and trans- or more intermediate relay stations over from "studio-transmitter link". mitter location of a broadcasting station, a path which cannot be covered with a except an international broadcasting 5. Section 4.502 is amended to read as single station due to terrain or distance. station, for simultaneous or delayed (c) If more than one broadcast sta- follows: broadcast. tion or class of broadcast station is § 4.502 Frequncy assignment. (b) An aural broadcast intercity relay proposed to be served by a single STL (a) An aural broadcast STL or inter- station is authorized to transmit aural or Intercity relay station, this informa- city relay stationmay be assigned one program material between broadcasting tion shall be clearly set forth in the ap- of the following frequencies: stations except international broadcast- plication for construction permit or ing stations, for simultaneous or delayed license. M Mc Me broadcast. (d) Each aural broadcast STL or 947.5 942.5 945.0 950.0 (c) Multiplexing may be used to-pro- Intercity relay station will be licensed at 943.0 945.5 948.0 950.5 vide additional channels on an aural 943.5 946.0 948.5 951.0 a specified transmitter location to com- 944.0 946.5 949.0 951.5 broadcast STL station for the transmis- municate with a specified receiving loca- 944.5 947.0 949.5 sion of aural programs destined for other tion and the direction of the main classes of broadcasting stations operated the transmitting anten- (b) The use of the frequencies listed radiation lobe of by the licensee of the STL station at a na will be one of the terms of the license. in paragraph (a) of this section by aural common transmitter location. Such ad- broadcast intercity relay stations, is sub- ditional aural channels may also be * 8. Section 4.533(b) is amended to read ject to the condition that no harmful used for the transmission of operational as follows: interference is caused to other classes 'communications or in the case of an of stations operating in accordance with subsidiary com- § 4.533 Remote control and unattended FM broadcast station, operation. the Table of Frequency Allocations con- munications which will be transmitted tained in § 2.104 of this chapter. over the FM broadcast station pursuant * S .5 * * (c) Any aural broadcast STL or inter- to a valid Subsidiary Communications (b) In cases where intermediate relay city relay station for which there was Authorization Issued by the Commission. stations are employed in aural broadcast outstanding a valid construction permit An aural broadcast STL station may not STL or Intercity reldy systems, such or license on April 16, 1958, specifying be used solely for the transmission of intermediate relay stations may be No. 152-5 7152 PROPOSED RULE MAKING

if the following § 4.551 Equipment changes. (c) Where more than one aural broad- operated unattended cast STL or intercity relay station is em- requirements are met: (a) Prior Commission approval, upon ployed in an integrated relay system, the shall be equipped (1) The transmitter appropriate application (FCC Form 313). station at the point of origination may that will cause with automatic circuits therefor, is required for any of the fol- originate the transmission of the call at times when no- it to cease radiating lowing changes: of all of the stations in the relay the station signs signal is being received from (1) A change in the transmitter as a system. which it is relaying. whole (except replacement with an iden- -(d) Voice transmissions shall nor- be provided (2) The transmitter shall tical transmitter), or a change in power mally be employed for station identifi- to prevent im- with adequate safeguards output. cation. However, other methods of proper operation of the equipment. (2) A change of frequency assignment. may be permitted shall station identification (3) The transmitter installation (3) A change in the location of the or required by the Commission. be adequately protected against tamper- STL transmitter (except relocation of ing by unauthorized persons. the equipment within the same building). 13. Section 4.603(b) is amended to (4) Whenever an intermediate relay (4) Any change in the antenna system read as follows: station is in operation, appropriate ob- which will increase the height of the § 4.603 Sound channels. the receiving servations shall be made at antenna above the natural formation * * * S * end of the STL or intercity relay circuits or man-made structure upon which it at intervals not exceeding one hour by is mounted, by more than 20 feet or will (b) The aural portion of television a person holding a valid first or second result in an overall height above ground broadcast program material may be class radiotelephone operator license, of more than 170 feet (except where the transmitted over an aural broadcast who shall take immedate steps to correct antenna is mounted below the top of an STL or intercity relay station licensed any condition of improper operation that existing structure which is more than under the provisions of Subpart E of this may be observed. 170 feet high). part. (5) It shall be the responsibility of (5) Any change in the direction of 14. In § 4.631 the title and paragraphs the licensee to insure that any repairs the main radiation lobe of the transmit- (b) and (c) are amended to read as or adjustments that may be necessary ting antenna. follows: are made by a person technically quali- changes not (b) Other equipment § 4.631 Permissible service. fied to do so. specifically referred to above may be * * * * 4.535 is amended to read as made at the discretion of the licensee 9. Section of follows: provided that the Engineer-in-charge (b) A television broadcast STL station the radio district in which the station is is authorized to transmit visual program § 4.535 Emission and bandwidth. located and the Commission in Wash- material between the studio and trans- (a) Aural broadcast STL and inter- ington, D.C., are promptly notified in mitter location of a television broadcast city relay stations normally, will be au- writing upon the completion of such station. Multiplexing equipment may thorized to employ frequency modulation changes and provided that the changes be employed to add one or more aural only. The maximum frequency excur- are set forth in the next application for channels to a television broadcast STL sion of the carrier resulting from modu- renewal of license. Where such changes station. These aural channels may be lation, shall not exceed 200 kc/s above include the installation of multiplex used to carry the sound program asso- or below the assigned frequency. equipment to provide additional aural ciated with the visual program material, (b) If multiplexing by means of one channels, the purpose for which these operational communications related to or more sub-carriers, is employed, the added channels will be used shall be the operation of the associated television maximum sub-carrier frequency used stated. broadcast station, and aural program shall be such that 2M ± 2D does not §§ 4.533(a), 4.534, 4.536, 4.561, 4.562, material destined for any class of aural exceed 500 kc/s, where M is the maxi- 4.563 and 4.581 [Amendment) broadcasting station operated by the li- mum modulating frequency in cycles per censee of the television broadcast station equals the total carrier 11. The expression "Broadcast STL or lgcated at the television broadcast second and 2D to and excursion as the result of F1Iv intercity relay station" is changed transmitter site. Operational commu- frequency relay modulation, expressed in cycles per "Aural broadcast STL and intercity nications may include voice transmis- second. stations" in §§ 4.533(a), 4.536, 4.561, sions of cues and orders as well as special (c) The channels assigned to aural 4.562, 4.563 and 4.581. signals used to actuate apparatus assb- is amended to read as broadcast STL and intercity relay sta- 12. Section 4.582 ciated with the broadcasting operation tions are 500 kc/s in width, the assigned follows: and for the purpose of telemetry. In frequency being at the center of the § 4.582 Station identification. any case where multiplexing is employed appearing outside to add aural channels to a television channel. Emissions (a) Each aural broadcast STL or assigned channel shall be attenuated broadcast STL station, the transmitter the intercity relay station shall transmit its as follows: must be capable of conveying the addi- sign at the beginning and end of Any emission appearing on a fre- call tional channels within the authorized (1) of operation, and during from the assigned fre- each period channel without appreciably degrading quency removed at least once every hour, it by between 250 and 500 kc/s operation, the technical quality of the visual pro- quency transmit its call sign or the shall be attenuated at least 25 shall either gram material, and with adequate tech- kilocycles broadcast station with the level of the unmodu- call sign of the nical quality so as td permit the asso- decibels below In cases when carrier. Compliance with this spec- which it is associated. ciated broadcast station to meet the lated relay system is to show the oc- an unattended intercity overall performance requirements stip- ification will be deemed an "off-the-air" pickup and be 500 kc/s or less. operated as ulated in the rules governing the class cupied bandwidth to sign (2) Any emission appearing on a fre- relay, the transmission of the call of broadcast station using the circuit. of the broadcast station which it is relay- removed from the assigned fre- If such multiple circuits are operated quency satisfy the hourly identification than 500 kc/s and up to ing will simultaneously during the regular opera- quency by more requirement. kc/s shall be atten- tion of the stations, these channels shall and including 750 identification transmis- at least 35 decibels below the level (b) Station be in operation at the time the required uated sions during operation need not be made carrier. periodic performance measurements are of the unmodulated when to make such transmission would (3) Any emission appearing on a fre- made of the overall broadcasting system. consecutive speech, quency removed from the assigned fre- interrupt a single, (c) A television intercity relay station quency by more than 750 kc/s shall be play, religious service, symphony con- is authorized to transmit visual program In such attenuated at least 43 + 10 log 0 (Power, cert, or other such productions. material between television broadcast in watts) decibels below the level of the cases, the identification transmission stations for simultaneous or delayed unmodulated carrier. shall be made at the first interruption broadcast by such stations. Multiplex- at equipment may be employed to add 4.551 Is amended to read of the entertainment continuity and ing 10. Section aural channels to a tele- as follows: the conclusion thereof. one or more Wednesday, August 9, 1961 FEDERAL REGISTER 7153

vision intercity relay station. Such without further authority of the Com- aural channels may be employed to carry mission, provided that the Engineer-in- the sound program accompanying the charge of the radio district in which the visual program material and for the station is located and the Commission transmission of operational communica- in Washington, D.C., are promptly noti- tions. When multiplexing is employed, fied in writing of such addition and the care should be exercised to minimize im- use which will be made of the additional pairment of the quality of the visual pro- aural circuits, and that the changes are gram material. shown in the next application for re- newal of license for the station. 15. Section 4.637 is amended to read as follows: [F.R. Doc. 61-7531; Filed, Aug. 8, 1961; § 4.637 Emission and bandwidth. 8:51 a.m.] (a) Television broadcast auxiliary stations operating on frequencies above [47 CFR Part 151 1000 Mc/s may be authorized to employ [Docket No. 141781 any type of emission suitable for the transmission of the visual and such ac- ELECTRONIC INDUSTRIES companying aural signals as may be per- ASSOCIATION mitted under the rules of this subpart. (b) The channels assigned to televi- Order Extending Time for Filing sion broadcast auxiliary stations Are Comments designated by upper and lower frequency limits. Emissions outside of these fre- The Commission has before it for con- sideration a request from the Electronic quency limits shall be attenuated a, extend follows: Industries Association (EIA) to (1) Any emission appearing on a fre- the time for filing comments in the quency above the upper channel limit or above proceeding to September 29, 1961. below the lower channel limit by be- It appearing that the proposed rule tween zero and 50 percent of the assigned affects many different segments of EIA's at membership, and that additional time is channel width, shall be attenuated to coordinate comments of the least 25 decibels below the level of the required unmodulated carrier. Compliance with several segments; and show It further appearing that the views of this specification will be deemed to be that the occupied bandwidth is no EIA and other interested parties will greater than the assigned channel useful to the Commission in its con- width. sideration of the proposal; that the ex- (2) Any emission appearing on a fre- tension requested may be granted quency above the upper channel limit or without adversely affecting other inter- below the lower channel limit by be- ests or interfering with the orderly con- tween 50 percent and 150 percent of the sideration of the proposal; and hence assigned channel width, bhall be at- that the public interest will be served tenuated at least 35 decibels below the by granting the additional time requested; level of the unmodulated carrier. 3d day of August (3) Any emission appearing on a fre- It is ordered, This quency above the upper channel limit or 1961, pursuant to section 0.322(b) of the below the lower channel limit by more Commission's Statement of Organiza- than 150 percent of the assigned chan- tion, Delegations of Authority, and nel width, shall be attenuated at least Other Information, That the time for 43 + 10 log n (Power, in watts) decibels filing comments in this proceeding is below the level of the unmodulated extended to September 29, 1961, and the carrier. time for filing reply comments is ex- tended to October 9, 1961. 16. Section 4.651 is amended by add- Ing a new paragraph (c) to read as Released: August 4, 1961. follows: FEDERAL COMMUNICATIONS § 4.651 Equipment changes. COMMISSION [SEALJ BEN F. WAPLE, Acting Secretary. (c) Multiplexing equipment may be installed on any licensed television [P.R. Doc. 61-7532; Filed, Aug. 8, 1961; broadcast STL or intercity relay station 8:51 a.m.] Notices

principal, any function his principal is It appearing that there is currently DEPARTMENT OF THE TREASURY authorized to perform. in effect Japan-Atlantic and Gulf Dated: August 2, 1961. Freight Conference Agreement No. 3103, Office of the Secretary which was approved pursuant to section [AA 643.3-M] [SEAL] DOUGLAS DILLON, 15 of the Shipping Act, 1916, on June 25, Secretary of the Treasury. RAYON STAPLE FIBER FROM 1934, and subsequent amendments which. [P.R. Dc. 61-7525; Filed, August 8, 1961; have been approved pursuant to said SPAIN 8:49 a.m.] section, the last approved being on June Determination of No Sales at Less 8, 1961. The agreement as amended to Than Fair Value date covers the trade from Japan, Korea, and Okinawa, to United States Gulf AUGUST 2, 1961. DEPARTMENT OF THE INTERIOR ports and Atlantic Coast ports of North A complaint was received that rayon Bureau of Land Management America; and staple fiber from Spain was being sold in It further appearing that a modifica- the United States at less than fair value MONTANA tion (Agreement No. 3103-16), providing within the meaning of the Antidumping for the inclusion in the trading area Act of 1921. Notice of Proposed Withdrawal and "United States and Canadian ports of I hereby determine that rayon staple Reservation of Lands the St. Lawrence River and Great Lakes", has been filed for approval fiber from Spain is not being, nor likely AUGUST 1, 1961. pur- to be, sold at less than fair value within suant to section 15 of the Shipping Act, the meaning of section 201(a) of the The Bureau of Reclamation, Depart- 1916; and Antidumping Act, 1921, as amended (19 ment of the Interior has filed an ap- It further appearing that a method U.S.C. 160(a)). plication, Serial Number M-044786 for of calculating rates for cargoes moving Statement of reasons. There have the withdrawal of the lands described to ports on the St. Lawrence and the been no importations of rayon staple below, from all forms of appropriation Great Lakes differentially higher than fiber from Spain since June 1960. Dur- under the public land laws and general rates to ports now served and limita- ing the calendar year 1960 total importa- mining laws, including the mineral tions of transshipment of cargoes have tions of rayon staple fiber from leasing laws. The applicant desires the been agreed to by the members of the land for Spain amounted to approximately the right-of-way of Canyon Conference, to become effective on ap- 15,000 Ferry Reservoir as the existing reservoir pounds. Although it appears from the proval of said modification; and inundates information available that the price to a portion of the lands. It further appearing that Marches- For a the United States of this fiber sold and period of 30 days from the date sini Lines, joint service of Compania offered for sale was less than the price of publication of this notice, all persons Maritima San Basilio, S.A., and Sociedad who wish at which the fiber was sold for home con- to submit comments, sugges- Maritima San Nicholas, S.A., have filed sumption in Spain, the quantity involved tions, or objections in connection with a protest against approval of the said the proposed withdrawal during the period under may present Agreement No. 3103-16, in which it is consideration their views in writing to the undersigned is considered to be not more than in- alleged (1) that the modification and the officer of the Bureau of Land Manage- arrangements for port differentials and significant. ment, Department of the Interior, 1245 prohibitions against joint rates to be This determination and the statement North 29th Street, Billings, Montana. of reasons therefor are published pursu- effectuated thereunder should be disap- If circumstances warrant it, a public proved because the scheme will be un- ant to section 201(c) of the Antidumping hearing will be held at a convenient time justly discriminatory and unfair as be- Act, 1921, as amended (19 U.S.C. 160(c)). and place, which will be announced. tween carriers, shippers and ports, will The determination of the Secretary [SEAL] A. GILMORE FLUES, operate to the detriment of the com- Assistant Secretqry of the Treasury. on the application will be published in merce of the United States, and will be the FEDERAL REGISTER. A separate notice in violation of sections 16, and 17 of the [F.R. Doc. 61-7524; Filed, August 8, 1961; will be sent to each interested party Shipping Act, 1916, and section 205 of 8:49 a.m.] of record. the Merchant Marine Act, 1936, and (2) The lands involved in the application that the modification and unfiled rate [Treasury Department Order 191] are: regulations sliould be disapproved, and PRINCIPAL MERIDIAN MONTANA requests that a hearing be had; DESIGNATION OF DEPUTIES .Now T. 10 N., R. I W. therefore it is ordered, That the request of Marchessini Lines for a hear- 1. In addition to their other assign- Sec. 35: NEI/4 NEV4 ments, the following are designated to ing be, and the same is hereby granted serve, at the pleasure of the Secretary, Containing 40 acres. to determine whether the modification as the respective deputies of the princi- E. I. ROWLAND, and rate regulations described above pals indicated: State Director. should be disapproved; and It is further ordered, That the Japan- Principal and Deputy [F.R. Doc. 61-7505; Filed, Aug. 8, 1961; 8:46 a.m.] Atlantic and Gulf Freight Conference Under Secretary for Monetary Affairs-. and each of the members of said Confer- Assistant to the Secretary (Debt Manage- ence, except Marchessini Lines, be and ment). they are hereby made respondents in General Counsel-Senior Assistant General DEPARTMENT OF COMMERCE this proceeding; and Counsel. It is further ordered, That this order Assistant Secretary-Deputy to the Assist- Federal Maritime Board ant Secretary. be published in the FEDERAL REGISTER Assistant Secretary (International Fi- [Docket No. 956] and that a copy of such order be served upon each respondent herein; nance)-Deputy Assistant Secretary (Inter- [Agreement No. 3103-16] and national Finance). it is further ordered, That this pro- Fiscal Assistant Secretary-Assistant to the JAPAN-ATLANTIC AND GULF ceeding be set for hearing before an Fiscal Assistant Secretary. FREIGHT CONFERENCE examiner of the Board's Hearing Exam- Administrative Assistant Secretary-Dep- iners Office uty Administrative Assistant Secretary. at a place and date to be Notice of Hearing announced. 2. Each deputy shall have authority On July 31, 1961, the Federal Mari- Notice is hereby given that the hearing to perform, during the absence of his time Board entered the following order: in this proceeding will be held before 7154 Wednesday, August 9, 1961 FEDERAL REGISTER 7155 an examiner of the Board's Office of modification, together with request for [OE Docket No. 61-NY-21] Hearing Examiners at a date and place hearing should such hearing be desired. PROPOSED RADIO ANTENNA hereafter to be announced. The hear- Dated: August 7, 1961. ing will be conducted in accordance with STRUCTURE order of the Federal Maritime the Board's rules of practice and pro- By Determination of No Hazard to be Board. cedure, and an initial decision will Air Navigation issued by the examiner. THOMAS Lisi, All persons (including individuals, Secretary. The Federal Aviation Agency has cir- corporations, associations, firms, part- [F.R. Doe. 61-7602; Filed, Aug. 8, 1961; cularized the following proposal to inter- nerships, and public bodies) having an 8:54 a.m.] ested persons for aeronautical comment interest in this proceeding and desiring and has conducted a study to determine to intervene therein, should notify the its effect upon the safe and efficient Secretary of the Board promptly and .file FEDERAL AVIATION AGENCY utilization of airspace: The Western petitions for leave to intervene in ac- Union Telegraph Co., New York, New cordance with Rule 5(n) (46 CFR [OE Docket No. 61-LA-221 York, proposes to-construct a microwave 201.74) of said rules. radio antenna structure near Warwick, PROPOSED RADIO ANTENNA ' ' By order of the Federal Maritime STRUCTURE New York, at latitude 4112132 north, Board. longitude 7421'22" west. The overall Determination of No Hazard to height of the structure would be 1,773 Dated: August 7, 1961. Air Navigation feet above mean sea level (293 feet above ground). THOMAS LISI, The Federal Aviation Agency has cir- Secretary. No objections were made in response cularized the following proposal to in- to the circularization. [F.R. Doe. 61-7601; Filed, Aug. 8, 1961; terested persons for aeronautical com- 8:54 The structure would be located ap- a.m.] ment and has conducted a study to proximately 2.3 miles northwest of the determine its effect upon the safe and Greenwood Lake Sea Plane Base, West efficient utilization of airspace: The STATES MARINE LINES, INC., ET AL. Milford, New Jersey, and would penetrate Mountain States Telephone and Tele- the horizontal surface criteria of the Notice of Agreements Filed for graph Co., Denver, Colorado, proposes to Joint Industry/Government Tall Struc- Approval erect a radio antenna structure near tures Committee, as applied to this base, Idaho Falls, Idaho, at latitude 43032'33" by 973 feet. The terrain at the proposed Notice is hereby given that the follow- north, longitude 111*53'05" west. The site exceeds this criteria by 680 feet. ing described agreements have been overall height of the structure would be The Agency study revealed that the pene- pur- filed with the Board for approval 5,635 feet above mean sea level (80 feet tration of JIGTSC criteria by this struc- suant to section 15 of the Shipping Act, above ground). 1916 (39 Stat. 733, 46 U.S.C. 814): No objections were made in response to ture would not adversely affect aeronau- Agreement Numbered 8682, between the circularization. The structure, would tical operations at this base. the carriers comprising the States Ma- be located approximately 9.2 miles east/ The structure would require an in- rine Lines joint service, Lykes Bros. northeast of Fanning Field Airport, crease from 2,500 feet MSL to 2,800 feet Steamship Co., Inc., Waterman Steam- Idaho Falls, Idaho, and would exceed the MSL in the Instrument Flight Rules ship Corporation (American Flag Car- outer conical surface criteria of the minimum en route altitude on the seg- riers), and Nippon Yusen Kaisha, Joint Industry/Government Tall Struc- ment of VOR Federal airway No. 252 Kawasaki Kisen Kaisha, Ltd., Mitsui tures Committee, as applied to this air- between the. Huguenot, New York, Steamship Co., Ltd., Shinnihon Steam- port, by 196 feet. The terrain at the VORTAC and the Paterson, New Jersey, ship Company, Ltd., Osaka Shosen proposed site exceeds the above criteria Radio Beacon. However, this increase in Kaisha, Ltd., and Mitsubishi Kaiun by 116 feet. However, the Agency study minimum en route altitude would have Kaisha, Ltd. (Japanese Flag Carriers), revealed that the penetration of JIGTSC upon aero- all members of the Far East Conference criteria by the proposed structure would no substantial adverse effect (Agreement Numbered 17, as amended), have no adverse effect upon aeronautical nautical operations as the primarily im- covers an arrangement for the division operations at this airport. portant "cardinal" altitude of 3000 feet of revenues on raw cotton loaded at No other aeronautical operations, pro- MSL would be retained. U.S. Gulf ports for transportation to cedures or minimum flight altitudes No other aeronautical operations, pro- Japan. would be affected by the proposed cedures or minimum flight altitudes Agreement Numbered 8681, between structure. would be affected by the proposed States Marine Lines, Inc., Lykes Bros. Therefore, pursuant to the authority structure. Steamship Co., Inc., and Waterman delegated to me by the Administrator Therefore, pursuant to the authority Steamship Corporation, which are also (§ 626.33; 26 F.R. 5292), it is concluded to me by the Administrator structure, at the loca- delegated parties to Agreement Numbered 8682, that the proposed it is concluded described above, covers the understand- tion and mean sea level elevation speci- (§ 626.33; 26 F.R..5292), ing of said carriers that upon com- fied herein, would have no adverse effect that the proposed structure, at the loca- mencement of operations by States upon aeronautical operations, procedures tion and mean sea level elevation speci- Marine and Waterman under their or minimum flight altitudes; and it is fied herein, would have no substantial operating-differential subsidy contracts, hereby determined that this structure adverse effect upon aeronautical opera- presently under consideration, the par- would not be a hazard to air navigation. tions, procedures or minimum flight al- ticipation of States Marine, Lykes and This determination is effective as of titudes; and it is hereby determined that Waterman in the fifty per cent allocated the date of issuance and will become final this structure would not be a hazard to to these American Flag carriers under 30 days thereafter, provided that no ap- air navigation, provided that the struc- Agreement Numbered 8682 shall be peal herefrom under § 626.34 of this title be obstruction marked and lighted is granted. Unless other- ture equitably adjusted consistent with the (26 F.R. 5292) in accordance with applicable Federal number of sailings authorized by the wise revised or terminated a final deter- mination hereunder will expire 18 Communications Commission rules. operating-differential subsidy contracts is effective as of of the American Flag carriers. months after its effective date or upon This determination Interested parties may inspect these earlier abandonment of the construction the date of issuance and will become agreements and obtain copies thereof at proposal (§ 626.35; 26 F.R. 5292). final 30 days thereafter, provided that no the Office of Regulations, Federal Mari- Issued in Washington, D.C., on July 31, appeal herefrom under § 626.34 of this time Board, Washington, D.C., and may 1961. title (26 F.R. 5292) is granted. Unless submit, within 20 days after publication OSCAR W. HOLMES, otherwise revised or terminated a final of this notice in the FEDERAL REGISTER, Chief, determination hereunder will expire 18 written statements with reference to ObstructionEvaluation Branch. months after its effective date or upon either of these agreements and their [F.R. Doc. 61-7496; Filed, Aug. 8, 1961; earlier abandonment of the construction position as to approval, disapproval, or 8:45 a.m.] proposal (§ 626.35;'26 F.R. 5292). 7156 NOTICES

Issued in Washington, D.C., on July 31, before its application was designated for granted only to the extent indicated be- 1961. hearing. Farina now petitions for review low and is denied in all other respects; OSCAR W. HOLMES, of the Examiner's ruling on the grounds that the present issues Nos. 7, 8, 9 and 10 Chief, that he relied on the showing made based are renumbered Nos. 8, 9, 10 and 11, ObstructionEvaluation Branch. on the ground conductivity map (Fig. respectively; and that the issues are en- the follow- [F.R. Doe. 61-7497; Filed, Aug. 8, 1961; M-3); that he is not required to take larged to include as Issue 7 8:45 am.] measurements in every direction in order ing: To determine whether the 25 mv/m to insure that no overlap problems are contour of the station proposed by John present; that he had absolutely no basis J. Farina tr/as Mt. Holly-Burlington to have reasonably foreseen this prob- Broadcasting Company would overlap FEDERAL COMMUNICATIONS lem; and that since Halpern and Seltzer the 25 mv/m contour of Station WBCB have seen fit to raise the problem, he at Levittown-Fairless Hills, Pennsyl- COMMISSION is merely seeking to simplify and expedite vania, in violation of § 3.37 of the Com- the proceeding by effecting a minimal mission's rules and, if so, whether cir- BURLINGTON BROADCASTING CO. amendment to its proposal in order to cumstances exist warranting a waiver ET AL. forestall the slightest possibility of any of such section of the rules. overlap. Farina contends that he sub- Adopted: July 26, 1961. Memorandum Opinion and Order mitted his petition for leave to amend Amending Issues diligently and that a permission to Released: August 4, 1961. In re applications of William S. amend his proposal will neither require FEDERAL COMMUNICATIONS Halpern and Louis N. Seltzer, d/b the addition of any new parties nor the COMMISSION, as Burlington Broadcasting Company, enlargement of the issues. [SEAL] BEN F. WAPLE, Burlington,. New Jersey, Docket No. 3. Concomitant with the petition for Acting Secretary. 13931, File No. BP-12580; Burlington review is a petition to dismiss the Farina application or, in the alternative, to en- [F.R. Doc. 61-7533; Filed, Aug. 8, 1961; County Broadcasting Company, Mount 8:51 am.] Holly, New Jersey, Docket No. 13932, File large the issues filed by O'Keefe Broad- casting Company, licensee of Station No. BP-13871; John J. Farina, tr/as Mt. 1 Holly-Burlington Broadcasting Com- WBCB. The request made in this peti- [Docket No. 142051 tion by O'Keefe to dismiss the Farina ap- pany, Mount Holly, New Jersey, Docket HEYWARD J. GAINEY No. 13933, File No. BP-13952; for con- plication was withdrawn subsequent to the filing of the Broadcast Bureau's re- struction permits. Order to Show Cause 1. The Commission has before it for ply in which the Bureau proposed the ad- consideration (a) a petition for review dition of the issue adopted below. In the matter of Heyward J. Gainey, of adverse ruling of Hearing Examiner O'Keefe's request that an overlap issue Route 2, Box 114-C, Kannapolis, North filed May 29, 1961, by John J. Farina, be added remains for consideration. Carolina, docket No. 14205; order to show tr/as Mt. Holly-Burlington Broadcasting 4. It is clear that the applicant upon cause why there should not be revoked Company (Farina), Mount Holly, New making an allocation'study based on the the license for Radio Station 5Q0036 in Jersey; (b) an opposition filed June 9, ground conductivity map should have the Citizens Radio 'Service. 1961, by Burlington County Broadcast- been aware that the two 25 mv/m con- There being under consideration the ing Company, Mount Holly, New Jersey; tours with narrow separation might be matter of certain alleged violations of (c) an opposition filed June 12, 1961, by shown to overlap if the measurements the Commission's rules in connection William S. Halpern and Louis N. Seltzer, were made. We therefore do not agree with the operation of the above-cap- d/b as Burlington Broadcasting Com- with the petitioner that he had no basis tioned station; pany (Halpern and Seltzer), Burlington, to have reasonably foreseen this prob- It appearing that pursuant to § 1.76 of New Jersey; (d) an opposition filed June lem, as required by the provisions of the Commission's rules, written-notice 12, 1961, by the Broadcast Bureau; (e) § 1.311(b) of our rules as a prerequisite of violation of the Commission's rules a reply of Mt. Holly-Burlington Broad- to the filing of this type of amendment was served upon the above-named licen- casting Company filed June 16, 1961; (f) after designation for hearing. We will see as follows: a petition to dismiss the application of affirm the Examiner's denial of the re- Commission letter dated May 10, 1961, Mt. Holly-Burlington Broadcasting Com- quest for leave to amend. See Frederick alleging that on April 2, 1961, subject pany filed May 29, 1961, by O'Keefe County Broadcasters (Docket Nos. 13624- radio station was observed in violation Broadcasting C o m p a n y (WBCB) 25; FCC 61-490). of § 19.61(g) of the Commission rules (O'Keefe), Levittown-Fairless Hills, 5. As to the petition to dismiss or en- governing the Citizens Radio Service Pennsylvania; (g) an opposition of Mt. large the issues, there are two sets of which requires that radio transmissions Holly-Burlington Broadcasting Com- measurements, one contradicting the shall be addressed to specific persons pany filed June 12, 1961; (h) a reply of other as to the existence of overlap of or stations located within the direct Broadcast Bureau filed June 12, 1961; 25 mv/m contours. We cannot at this groundwave coverage of the radio sta- and (i) a reply of O'Keefe Broadcasting point resolve the difference without ad- tion and prohibits transmissions which Company filed June 20, 1961. ditional information, and believe that depend primarily upon skywave reflec- 2. Based on the engineering exhibit of this matter can be satisfactorily resolved tion or which are designed to elicit a re- Halpern and Seltzer which indicated only on the basis of a record made at an sponse from random or unknown sta- that Farina's proposed 25 mv/m contour evidentiary hearing. Thus, we will en- tions, such as by use of the general call would overlap the 25 mv/m contour of large the issues as urged by the Broad- sign "CQ". the authorized one kilowatt operation of cast Bureau. It further appearing that the above- Station WBCB, Levittown-Fairless Hills, Accordingly it is ordered, That the named licensee, received said Official Pennsylvania, Farina sought to reduce petition of John J. Farina, tr/as Mt. Notice but did not make satisfactory Broadcasting Company the radiation of signal in the critical Holly-Burlington reply thereto, whereupon the Commis- direction by modifying his directional for review of adverse ruling of Hearing sion, by letter dated June 12, 1961, and Examiner filed May 29, 1961, is denied; antenna design. On May 22, 1961, the sent by Certified Mail-Return Receipt Hearing Examiner denied the petition, and Requested (Cert. No. 97095), brought It is further ordered, That the petition stating that the proffered amendment this matter to the attention of the licen- would to a degree change the engineering of O'Keefe Broadcasting Company to dis- see and requested that such licensee re- the application of Mt. Holly-Bur- design of Mt. Holly-Burlington; that in miss spond to the Commission's letter within lington Broadcasting Company, or, in the the event there is a violation of § 3.37 of days from the date of its receipt alternative, to enlarge the issues is fifteen the rules, Mt. Holly-Burlington could be stating the measures which had been conceivably disqualified unless the sec- 1 taken, or were being taken, in order to tion is waived; and that there is nothing By Order. released June 13, 1961 (FCC 61M-1024), Chief Hearing Examiner granted bring the operation of the radio station to indicate that the question now posed the petition of O'Keefe Broadcasting Com- into compliance with the Commission's is something which petitioner coulo not pany to be made a party to the proceeding rules, and warning the licensee that have reasonably foreseen and corrected with respect to the Farina application. failure to respond to such- letter might Wednesday, August 9, 1961 FEDERAL REGISTER 7157 result in the institution of proceedings sion is unable to find that a grant of the presiding officer at 1:15 p.m., Tuesday, for the revocation of the radio station above-entitled application would serve September 5, 1961. license; and the public interest, convenience and Released: August It further appearing that receipt of necessity; and that the application must, 3, 1961. the Commission's letter was acknowl- therefore, be designated for hearing; FEDERAL COMMUNICATIONS edged by the signature of the licensee's It is ordered, That pursuant to section COMMISSION, agent, on June 13, 1961, to a Post Office 309(e) of the Communications Act of [SEAL] BEN F. WAPLE, Department return receipt; and 1934, as amended, the above-entitled ap- Acting Secretary. It further appearing that although plication is designated for hearing at a [P.R. Doe. 61-7536; Filed, Aug. 8, 1961; more than fifteen days have elapsed time and place to be specified in a sub- 8:51 a.m.] since the licensee's receipt of the Com- sequent Order, upon the following mission's letter, no response was made issues: thereto; and 1. To determine, in light of (a) the [Docket No. 14076 etc.; FCC 61-9431 It further appearing that in View of facts in the above-captioned application KENT-RAVENNA BROADCASTING the foregoing, the licensee has repeatedly and (b) the acquisitions and dispositions violated § 1.76 of the Commission's rules; of interests in broadcast stations by the CO. ET AL. It is ordered, This 3d day of August applicants, and/or their principals and Memorandum Opinion and Order 1961, pursuant to section 312 (a) (4) and subsidiaries, whether a grant of the (c) of the Communications Act of 1934, above-captioned application would be Amending Issues as amended, and section 0.291(b) (8) of consistent with the Commission's policy In re applications of Kent-Ravenna the Commission's Statement of Delega- against "trafficking" in broadcast li- Broadcasting Co., Kent, Ohio, Docket tions of Authority, that the said licensee censes and construction permits. No. 14076, File No. BP-13749; Speidel show cause why the license for the 2. To determine on the basis of the Broadcasting Corporation of Ohio, Ket- above-captioned Radio Station should evidence adduced with respect to the tering, Ohio, Docket No. 14079, File No. not be revoked, and appear and give foregoing issue, whether a grant of the BP-13834; R. Roy Stoneburner, Paul W. evidence In respect thereto at a hearing above-entitled application would serve Stoneburner and Vernon H. Baker, d/b to be held at a time and place to be the public interest, convenience and as Greene County Radio, Xenia, Ohio, specified by subsequent order; and necessity. Docket No. 14083, File No. BP-13841; et It is further It ordered, That the Acting is further ordered, That to avail al., etc., for construction permits. Secretary send themselves a copy of this Order by of the opportunity to be 1. The Commission has before it for Certified Mail-Return heard, the applicants Receipt Re- herein, pursuant consideration (1) the petition to enlarge quested to § 1.140 of the Commission's to the said licensee. rules, in issues, filed May 15, 1961, by Greene person or by attorney, Released: August 4, 1961. shall, within 20 County Radio; and (2) the Broadcast days of the mailing of this Order, file Bureau's reply, filed June 19, 1961, sup- FEDERAL COMMUNICATIONS with the Commission in triplicate, a porting petitioner's request. COMMISSION, written appearance stating an intention 2. By Order released April 25, 1961 [SEAL] BEN F. WAPLE, to appear on the date fixed for the hear- (FCC 61-533), the applications Acting Secretary. ing and present evidence of on the issues Speidel Broadcasting Corporation specified in this Order. of [P.R. Doe. 61-7534; Filed, Aug. 8, 1961; Ohio, and of Greene County Radio were It is further ordered, That the appli- 8:51 a.m.] designated for hearing in the cants herein shall, pursuant to above- § 311 entitled multiparty proceeding. (a) (2) of the Communications Speidel Act of is an applicant for a construction [Docket No. 14207; FCC 61-955] 1934, as amended, and § 1.362(b) permit of the for a new Class II station Commission rules, at Kettering, FRANKLIN BROADCASTING CO. give notice of the Ohio, to operate on 1510 hearing, within the kilocycles day- time and in the man- time with a power AND TEDESCO, INC. ner prescribed in such rule, of 10 kilowatts, utiliz- and shall ad- ing a directional vise the Commission antenna. Greene Order Designating Application for of the publication County of such notice Radio is an applicant for a con- as required by § 1.362(c) struction Hearing on Stated Issues of the rules. permit for a new Class II sta- tion at Xenia, Ohio, to operate on 1500 In re application of Franklin Broad- Released: August 3, 1961. kilocycles, daytime only, with a power casting Company, Assignor, and Tedesco, of 500 watts. Among the issues desig- Inc., Assignee, Docket No. 14207, File No. FEDERAL COMMUNICATIONS COMMISSION, nated for hearing is the standard com- BAPL-232; for assignment of license and parative issue directed to these two construction permit for Station WMIN, [SEAL] BEN F. WAPLE, Acting Secretary. applications. St. Paul, Minnesota. 3. Petitioner submits that although At a session of the Federal Communi- [P.R. Doc. 61-7535; Filed, Aug. .8, 1961; Kettering acquired 8:51 am.] its city charter in cations Commission held at its offices in 1955 and has a city government inde- Washington, D.C., on the 26th day of pendent of Dayton, Ohio, its community, July 1961: [Docket No. 14207; FCC 61M-13281 social and business interests are strongly The Commission having under con- tied to Dayton, and that it is part of sideration the above-entitled applica- FRANKLIN BROADCASTING CO. the Dayton Urbanized Area established tion to assign the license and construc- AND TEDESCO, INC. by the 1960 United States Census. Peti- tion permit for Station WMIN, St. Paul, tioner Order Scheduling Hearing therefore requests that the issues Minnesota, filed with the Commission on in this proceeding be enlarged to deter- March 15, 1961; and In re application of Franklin Broad- mine whether Kettering is a separate It appearing that the assignor and casting Company, Assignor, and Tedesco, community for purposes of 307(b) of the the assignee, and/or their corporate of- Inc., Assignee, Docket No. 14207, File No. Act. The Bureau supports petitioner's ficers, directors, stockholders and sub- BAPL-232; for assignment of license and request, and, in addition, proposes an sidiary corporations have acquired and construction permit for Station WMIN, issue to determine whether any of the disposed of interests in numerous broad- St. Paul, Minnesota. existing Dayton stations are presently cast licenses and permits; and It is ordered, This 3d day of August acting as a local transmission facility for It further appearing that in View of 1961, that Millard F. French will preside Kettering. the pattern of conduct with respect to at the hearing in the above-entitled pro- 4. The petitioner has alleged sufficient the buying, selling and exchanging of ceeding which is hereby scheduled to facts to warrant the inclusion of an issue broadcast properties on the part of the commence on September 27, 1961, in to determine whether Kettering is a aforementioned individuals, sep- partners, Washington, D.C.; And it is further or- arate community. A companion issue corporations and/or corporate officers, dered, That a prehearing conference in will also be added to resolve the question directors and stockholders, the Commis- the proceeding will be convened by the raised by the Bureau. 7158 NOTICES

Accordingly, it is ordered, This 26th September 26, 1961-Further prehearing corporated herein by reference; and that day of July 1961, That the petition to conference; and replies to the above-mentioned letter October 5, 1961-Notification of witnesses. enlarge issues, filed May 15, 1961, by were received from Plains Radio Broad- Greene County Radio, is granted, and Released: August 2, 1961. casting Company on August 12, 1960, and It is further ordered. That present is- from United Communications, Inc., on FEDERAL COMMUNICATIONS sues Nos. 15, 16, and 17 be renumbered September 6, 1960; and COMMISSION, as Nos. 17, 18, and 19, respectively, and It further appearing that the con- [SEAL] BEN F. -WAPLE, struction permits proposed to be assigned that the following new issues be added: Acting Secretary. .15. To determine, in the light of its expired by their own terms on November location and urban and industrial char- [F.R. Doc. 61-7538; Filed, Aug. 8, 1961; 16, 1960, but that the above-entitled ap- acteristics and other relevant factors, 8:51 a.m.] plications for additional time to construct whether Kettering, Ohio, is a separate the proposed stations were timely filed on October 17, 1960; and that Plains community with respect to Dayton. [Docket No. 14215-14224; FCC 61-980] Ohio, for the purposes of section 307 (b) Radio Broadcasting Company incorpo- of the Communications Act of 1934, as PLAINS RADIO BROADCASTING CO. rated by reference in such applications amended. its reply to the Commission's letter of 16. To' determine, in the event it Is Order Designating Applications for August 2, 1960, as well as the represen- concluded that Kettering, Ohio is a sep- Consolidated Hearing on Stated tations made by it in the above-entitled applications for consent to assignment arate community from Dayton, Ohio, for Issues the purposes of section 307(b) of the of its construction permits; and Communications Act of 1934, as amend- In re applications of Plains Radio It further appearing that the per- ed, the type and character of the pro- Broadcasting Company; For additional mittee, in its applications and in its re- gramming service now available to Ket- time to construct radio station KRKY, sponse to the Commission's 309 (b) letter, tering, Ohio, from licensed standard Denver, Colorado, Docket No. 14215, File indicated that at the time the construc- broadcast stations in Dayton, Ohio, and No. BMPH-6458; For additional time to tion permits were applied for, the avail- whether the programming needs of Ket- construct radio station WFFM, Cincin- ability of Mr. Jack D. Liston, a director tering, Ohio, are met by such program- nati, Ohio, Docket No. 14216, File No. of the permittee company and General ming. BMPH-6459; For additional time to con- Manager of its Amarillo, Texas, broad- cast stations, was among the determining Released: August 3, 1961. stiuct radio station KFMV, Minneapolis, Minnesota Docket No. 14217, File No. factors in the decision to seek the con- FEDERAL COMMUNICATIONS BMPH-6460; For additional time to con- struction permits, that Mr. Liston subse- COMMISSION, struct radio station KFMC, Portland, quently resigned, and that, in view of his [SEAL] BEN F. WAPLE, Oregon, Docket No. 14218, File No. resignation, the permittee deemed it im- Acting Secretary. BMPH-6461; For additional time to con- provident to attempt construction and [P.R. Doc. 61-7537; Filed, Aug. 8, 1961; struct radio station KPRN, Seattle, operation of the proposed stations; and 8:51 a.m.] Washington, Docket No. 14219, File No. It further appearing that although BMPH-6463; For consent to assignment Mr. Liston apparently resigned from the of construction permit for radio station permittee company on February 16, 1960, [Docket Nos. 13798-13801; FCC 61M-1322] KRKY, Denver, Colorado to United Com- and the applications for construction munications, Inc., Docket No. 14220, File permits were not granted by the Com- OKLAHOMA BROADCASTING CO. No. BAPH-222; For consent to assign- mission until March 16, 1960, the per- ET AL. ment of construction permit for radio mittee did not advise the Commission station WFFM, Cincinnati, Ohio to either of Mr. Liston's resignation or of Order Scheduling Prehearing United Communications, Inc., Docket No. its principal reliance upon him to con- Conference 14221, File No. BAPH-223; For consent struct and operate the proposed sta- to assignment of construction permit for tions; and In re applications of R. B. Bell and radio station KFMV, Minneapolis, Min- It further appearing that the permittee Bernice Bell, d/b as Oklahoma Broad- nesota to United Communications, Inc., has not alleged, either in its applications casting Company, Sapulpa, Oklahoma, Docket No. 14222, File No. BAPH-224; or in its reply to the Commission's pre- Docket No. 13798, File No. BP-12403; Ira For consent to assignment of construc- hearing letter, that it made any attempt E. Courtney, tr/as Courtney Broadcast- tion permit for radio station KFMC, before or after its applications were ing Co., Winfield, Kansas, Docket No. Portland, Oregon to United Communi- granted to take measures, in the light of 13799, File No. BP-12407; Lloyd Clinton cations, Inc., Docket No. 14223, File No. Mr. Liston's resignation, which would McKenney, tr/as Winfield Broadcasting BAPH-225; For consent to assignment of enable it to construct and operate the Company, Winfield, Kansas, Docket No. construction permit for radio station proposed stations; and 13800, File No. BP-12756; William E. KPRN, Seattle, Washington to United It further appearing that examina- Minshall and Melwyn E. Klar, d/b as Communications, Inc., Docket No. 14224, tion of the Commission's records fails Sapulpa Broadcasters, Sapulpa, Okla- File No. BAPH-226. to indicate that a supplemental owner- homa, Docket No. 13801, Pile No. BP- At a session of the Federal Communi- ship report (Form 323) has been filed, as 12876; for construction permits. cations Commission held at its offices in required by § 1.343(c) of the rules, to The Hearing Examiner having under Washington, D.C., on the 26th day of reflect Mr. Liston's resignation as a di- consideration the agreements reached by July 1961: rector of Plains Radio Broadcasting The Commission having under con- Company; and the parties in a prehearing conference sideration the above-entitled applications * It further appearing that the fore- on July 28, 1961 regarding further pro- for additional time to construct the pro- going matters raise questions of good ceedings in this matter; posed stations and for consent to the faith, diligence, and intention to con- It is ordered, This 2d day of August, voluntary assignment of the construction struct the proposed stations on the part 1961, that the hearing presently sched- permits for the proposed stations; of Plains Radio Broadcasting Company, uled for September 8, 1961, be, and the It appearing that with respect to the and that, therefore, the Commission is same is, hereby continued to October 11, above-entitled applications for consent unable to determine, without hearing, 1961, and that the following dates shall to assignment of construction permits, that grant of the above-entitled applica- govern proceedings preliminary thereto: the Commission, on August 2, 1960, sent tions for additional time to construct the proposed stations would be in the public September 15, 1961-Preliminary engineering (pursuant to former section 309(b) of exhibits exchanged; the Communications Act) a pre-hearing interest; and September 21, 1961-Informal engineering letter addressed jointly to Plains Radio It further appearing that the proposed conference and exchange of all non-en- Broadcasting Company and United assignee has made no independent at- gineering exhibits, except those relating Communications, Inc., which letter is tempt to discover and fulfill the tastes, to the 307(b) issue; available for public inspection and is in- needs and desires of the communities Wednesday, August 9, 1961 FEDERAL REGISTER 7159 proposed to be served, but has retained 5. To determine whether and to what nection with the aforementioned issues Mr. Liston as a consultant and has in- extent the proposed assignee has made specified below: dicated primary reliance upon the judg- any attempt to ascertain and fulfill the 1. Simultaneous operation of the in- ment of its consultant, and whatever programming needs and desires of the stant proposals would result in mutually efforts he made as a director of Plains communities proposed to be served. destructive interference. Radio Broadcasting Company; that the 6. To determine whether the pro- 2. A substantial question obtains as to original applications of Plains Radio do gramming proposed by the proposed whether adequate nighttime protection not indicate that an attempt was made assignee will meet the needs and in- will be afforded by the proposal for-Port to survey community or area needs; that terests of the communities concerned. Chester to the service areas of Stations the programing proposed by the pro- 7. To determine whether the reported WBRY, Waterbury, Connecticut, and posed assignee is the same as that selling price includes the cost of prepar- WEEZ, Chester, Pennsylvania. originally proposed; and that the pro- ing, filing and prosecuting an application 3. The proposal for Port Chester will graming proposed is identical for each for a sixth FM broadcast station at De- cause daytime interference to the exist- of the five cities involved; and troit, Michigan (File No. BPH-2824), dis- ing operations of Stations WERA, Plain- It further appearing that the proposed missed April 15, 1960, and, if so, whether field, New Jersey, and WWRL, New York, selling price apparently includes the cost grant of the above-entitled assignment New York. of preparing, filing and prosecuting an applications would be consistent with the It further appearing that in view of application for an FM broadcast station Commission's policy against "trafficking" the foregoing, the Commission is unable at Detroit, Michigan (File No. BPH- in construction permits. to make the statutory finding that a 2824) which was subsequently dismissed 8. To determine whether, on the basis grant of the subject applications would at the request of Plains Radio Broadcast- of the evidence adduced with respect to serve the public interest, convenience, ing Company; and the foregoing issues, grant of the above- and necessity, and is of the opinion that It further appearing that the fore- entitled applications would serve the the applications must be designated for going matters raise questions with re- public - interest, convenience and hearing in a consolidated proceeding on spect to the above-entitled applications necessity. the issues set forth below: for consent to assignment of construc- It is further ordered, That, to avail It is ordered, That, pursuant to sec- tion permits, and that, therefore, the themselves of the opportunity to be tion 309(e) of the Communications Act Commission is also unable to determine, heard, the applicants herein, pursuant to of 1934, as amended, the instant appli- without hearing, that a grant of such § 1.140 of the Commission's rules, In cations are designated for hearing in a applications would be in the public person or by attorney, shall, within 20 consolidated proceeding, at a time and interest. days of the mailing of this order, file place to be specified In a subsequent with the Commission, in triplicate, a Order, upon the following issues: It is ordered, That, pursuant to sec- 1. To determine the tion 319(b) and to former 309(b) of the written appearance stating an intention areas and popula- Communications Act of 1934, as amend- to appear on the date fixed for the hear- tions which would receive primary serv- ed, the above-entitled applications are ing and present evidence on the issues ice from each of the instant applicants designated for consolidated hearing at specified in this order. and the availability of other primary a time and place to be specified by sub- service to such areas and populations. sequent Order, upon the following Released: August 4, 1961. 2. To determine the nature and ex- issues: tent of the interference, if any, that each FEDERAL COMMUNICATIONS of the instant proposals would cause to 1. To determine why Plains Radio COMMISSION, Broadcasting Company did not file a [SEAL] BEN F. WAPLE, and receive from each other and the supplemental ownership report pursuant Acting Secretary. interference that each of the instant pro- to § 1.343(c) of the Commission's rules posals would receive from all other exist- [F.R. Doc. 61-7539; Filed, Aug. 8, 1961; ing standard broadcast stations, the reflecting Mr. Liston's resignation as a 8:52 a.m.] director of the company. areas and populations affected thereby, 2. To determine whether Plains Radio and the availability of other primary Broadcasting Company, in continuing [Docket Nos. 14211, 14212; FCC 61-9741 service to the areas and populations af- to prosecute its applications for con- fected by interference from any of the struction permits for the above-described PUTNAM BROADCASTING C 0 R P. instant proposals. FM broadcast facilities after the resig- AND PORT CHESTER BROADCAST- 3. To determine whether the instant nation of Mr. Jack D. Liston as a di- ING CO. proposal of Port Chester Broadcasting rector of its company on February 15, Company would cause objectionable 1960, and by failing to advise the Com- Order Designating Applications for nighttime interference to Stations mission of such resignation and of its Consolidated Hearing on Stated WBRY, Waterbury, Connecticut and Chester, Pennsylvania, or any primary reliance upon the services of Issues WEEZ, Mr. Liston prior to Commission action other existing standard broadcast sta- on its applications on March 16, 1960, In re applications of Putnam Broad- tions, and, if so, the nature and extent failed to exercise good faith and proper casting Corporation, Brewster, New York, thereof, the areas and populations af- diligence in its dealings with the requests 1590 kc, 1 kw, DA-D, III, Docket fected thereby, and the availability of Commission. No. 14211, FileNo. BP-13562; Nicholas J. other primary service to such areas and 3. To determine whether Plains Radio Zaccagnino, tr/as Port Chester Broad- populations. Broadcasting Company still intended to casting Co., Port Chester, New York, re- 4. To determine whether the instant construct and operate the proposed sta- quests 1590 kc, 1 kw, DA-2. U. Docket proposal of Port Chester would cause ob- tions at the time the Commission No. 14212, File No. BP-14572; for con- jectionable daytime interference to Sta- granted the applications for construc- struction permits. tions WERA, Plainfield, New Jersey, and tion permits. -At a session of the Federal Communi- W WRL, New York, New York, or any 4. To determine, in the light of the cations Commission held at its offices in other existing standard broadcast sta- evidence adduced pursuant to the fore- Washington, D.C. on the 26th day of tions, and, if so, the nature and extent going issues, whether the reasons ad- July 1961; thereof, the areas and populations vanced by Plains Radio Broadcasting The Commission having under con- affected thereby, and the availability of Company in support of its requests for sideration the above-captioned and other primary service to such areas and extension of completion date constitute described applications; populations. a showing that failure to complete con- It appearing that except as indicated 5. To determine whether the antenna struction was due to causes not under by the Issues specified below, each of the system proposed by Port Chester Broad- its control, or constitute a showing of instant applicants is legally, technically, casting Company can be adjusted and other matters sufficient to warrant an financially and otherwise qualified to maintained as proposed, and whether a extension within the meaning of section construct and operate the instant pro- satisfactory proof-of-performance can 319(b) of the Communications Act of posals; and be made in view of water areas involved, 1934, as amended, and § 1.323(a) of the It further appearing that the follow- especially along bearings through null Commission's rules. ing matters are to be considered in con- areas of the radiation pattern. No. 152-6 7160 NOTICES

6. To determine, in the light of section d/b as McLean County Broadcasting Co., [Docket-No. 14209; FCC 61-968] 307(b) of the Communications Act of Normal, Illinois, Docket No. 13967 File ROUNSAVILLE OF LOUISVILLE, 1934, as amended which of the instant No. BP-14401; for construction permits. INC. proposals would better provide a fair, 1. The Commission has before it for (WLOU) efficient and equitable distribution of consideration (1) the petition to enlarge Order Designating Application for radio service. issues, filed June 20, 1961, by Carl H. Hearing on Stated Issues 7. To determine, in the light of the Meyer (WCMY) ; (2) comment of Broad- evidence adduced pursuant to the fore- cast Bureau, filed June 29, 1961; and In reapplication of Rounsaville of going issues which, if either, of the (3) statement with respect to petition to Louisville, Inc. (WLOU), Louisville, Ken- instant applications should be granted. enlarge issues, filed July 3, 1961, by tucky, has 1350 kc, 5 kW, Day. Req. 1350 It is further ordered, That WBRY Rockford Broadcasters, Incorporated kc, 5 kw, DA-N, U, -Class III-A, Docket Broadcasting Corporation, WDRF, Inc., (WROK). No. 14209, File No. BP-13545; for con- Tri-County Broadcasting Corporation 2. Carl H. Meyer is the licensee of struction permit. and Long Island Broadcasting Corpora- Class III Station WCMY, Ottawa, Illi- At a session of the Federal Communi- tion, Licensees of Stations WBRY, nois, which operates on the frequency of cations Commission held at its offices in- WEEZ, WERA and WWRL, respectively, 1430 kc with 500 watts power, non-direc- Washington, D.C. on the 26th day of are made parties to the proceeding. tional, daytime only Rockford Broad- July 1961; It is further ordered, That, to avail casters, Incorporated, is the licensee of The Commission having under con- themselves of the opportunity to be Class III Station WROK, 1440 kc, Rock- sideration the above-captioned and de- heard, the applicants and parties re- ford, Illinois, and in the subject proceed- scribed application; spondent herein, pursuant to § 1.140 of ing is seeking authority to increase from It appearing that except as indicated the Commission rules, in person or by 1 kw to 5 kw the daytime power of by the issues specified below, the instant attorney, shall, within 20 days of the WROK. The Rockford (WROK) ap- applicant is legally, technically, finan- mailing of this Order, file with the Com- plication was designated for hearing in cially, and otherwise qualified to con- mission in triplicate, a written appear- the above-entitled proceeding by Com- struct and operate the instant proposal; ance stating an intention to appear on mission Order (FCC 61-246), released and the date fixed for the hearing and pre- February 28, 1961. The issues set forth It further appearing, that the appli- sent evidence on the issues specified in in the Order do not include an issue as cant states that the present nighttime this Order. to the interference which the proposed RSS limitation of Station WEZY, Cocoa, It is further ordered, That the appli- operation of WROK would cause to Florida is 15.92 mv/m and is made up of cants herein shall, pursuant to section WCMY or any other existing station, individual limitations from WSMB, New 311(a) (2) of the Communications Act of and Carl H. Meyer, licensee of Station Orleans, Louisiana (11.78 mv/m) WAVY, 1934, as amended, and § 1.362(b) of the WCMY, was not named as a party to Portsmouth, Virginia (7.93 mv/m) and Commission's rules, give notice of the the proceeding. Meyer's petition for WADC, Akron, Ohio (7.17 mv/m); that hearing, either individually or, if feas- leave to intervene was granted by Order if the instant application of WLOU is ible, jointly, within the time and in the of the Acting Chief Hearing Examiner granted, the nighttime RSS of WEZY manner prescribed in such Rule, and (FCC 61M-1155), released July 5, 1961. will be decreased from 15.92 mv/m to shall advise the Commission of the pub- 3. Petitioner submits field strength 15.88 mv/m since the limitations from lication of such notice as required by measurement data, taken on the WCMY WAVY and WADC would be excluded by § 1.362(c) of the rules. signal, to show that existing WROK the "50% method" and the new RSS of It is further ordered, That, the issues causes more than 3% interference to WLOU would be composed only of the in the above-captioned proceeding may WCMY and that proposed WROK will limitations from the instant proposal be enlarged by the examiner, on his own cause interference totalling approxi- (10.65 mv/m) and WSMB; that only motion or on petition properly filed by a mately 7% to WCMY. The showing thus slight interference would be caused to party to the proceeding, and upon suf- made by it suffices to warrant the in- the eastern part of the WEZY nighttime ficient allegations of fact in support clusion of an issue to consider the effect service area by the proposed WLOU of the proposed operation; but that in accordance with thereof, by the addition of the following operation of WROK on Station WCMY and the areas and popu- the provisions of § 3.182(o) (4) of the issue: To determine whether the funds lations it presently serves, and the issues Commission rules we find that the pro- available to the applicant will give rea- in this proceeding will be enlarged to posed nighttime limitation of 10.65 mv/m sonable assurance that the proposals include such an issue. to WEZY must be included in the night- set forth in the application will be Accordingly, it is ordered, This 26th time RSS of WEZY without excluding effectuated. day of July 1961, that the petition to the limitations from Stations WAVY Released: August 4, 1961. enlarge issues, filed June 20, 1961, by and WADC. As a result, the RSS of Carl H. Meyer (WCMY) is granted; and WEZY will be increased to approximately FEDERAL COMMUNICATIONS It is further ordered, That present is- 19.0 mv/m. COMMISSION, sues Nos. 5 through 9 be renumbered 6 It further appearing, that in view of [SEAL] BEN F. WAPLE, through 10, and that the following new the foregoing, the Commission is unable Acting Secretary. issue be added: to make the statutory finding that a IP.R. Doe. 61-7540; Filed, Aug. 8, 1961; . 5. To determine whether the instant grant of the subject application would 8:52 a.m.] proposal of Rockford Broadcasters, In- serve the public interest, convenience, corporated, would cause objectionable and necessity, and is of the opinion that interference to Station WCMY, Ottawa, the application must be designated for [Docket Nos. 13965-13967; FCC 61-9441 Illinois, or any other existing standard hearing on the issues set forth below: ROCKFORD BROADCASTERS, INC. broadcast stations, and, if so, the nature It is ordered, That, pursuant to section (WROK) ET AL. and extent thereof, the areas and popu- 309(e) of the Communications Act of lations affected thereby, and the avail- 1934, as amended, the instant applica- Memorandum Opinion and Order ability of other primary service to such tion is designated for hearing, at a time Amending Issues areas and populations. and place to be specified in a subsequent Order, upon the following issues: In re applications of Rockford Broad- Released: August 3, 1961, 1. To determine the areas and popula- casters, Incorporated (WROK), Rock- FEDERAL COMMvMCATIONS tions which may be expected to gain or ford, Illinois, Docket No. 13965, File No. lose primary service from the proposed COMMISSION, operation of BP-13422; Quincy Broadcasting Com- [SEAL] BEN F. WAPLE, Station WLOU and the pany (WGEM), Quincy, Illinois, Docket Acting Secretary. availability of other primary service to No. 13966, File No. BP-14225; W. such areas and populations. Robert [P.R. Doe. 61-7541; Filed, Aug. 8, 1961; 2. To determine whether the instant Sudbrink and Margareta S. Sudbrink 8:52 a.m.] proposal would cause objectionable Wednesday, August 9, 1961 FEDERAL REGISTER 7161 nighttime interference to Station WEZY, [Docket Nos. 14213, 14214; FCC 61-977] travention of the provisions of § 3.35(a) Cocoa, Florida, or any other existing SEWARD BROADCASTING CO., INC., of the Commission rules with respect to standard broadcast stations, and, if so, multiple ownership of standard broad- the nature and extent thereof, the areas AND SALTVILLE BROADCASTING cast stations. and populations affected thereby, and CORP. 3. To determine, in the light of sec- the availability of other primary service Order Designating Applications for tion 307(b) of the Communications Act to such areas and populations. of 1934, as amended, which of the in- 3. To determine, in the light of the Consolidated Hearing on Stated stant proposals would better provide a evidence adduced pursuant to the fore- Issues fair, efficient and equitable distribution going issues, whether a grant of the In re' applications of The Seward of radio service. instant application would serve the Broadcasting Company, Incorporated, 4. To determine, in the light of the public interest, convenience and ne- Marion, Virginia, requests 1330 kc, 1 kw, evidence adduced pursuant to the fore- cessity. Day, Class III, Docket No. 14213, File No. going issues, which if either of the instant It is further ordered, That WEZY, Inc., BP-13803; Saltvllle Broadcasting Cor- applications should be granted. licensee of Station WEZY, Cocoa, Flor- poration, Saltville, Virginia, requests It is further ordered, That, to avail ida, is made a party to the proceeding. 1330 kc, 1 kw, Day, Class III, Docket No. themselves of the opportunity to be It is further ordered, That, to avail 14214, File No. BP-14611; for construc- heard, the applicants pursuant to § 1.140 themselves of the opportunity to be tion permits. cf the Commission rules, in person or by heard, the applicant and party respond- At a session of the Federal Communi- attorney, shall, within 20 days of the ent,-pursuant to § 1.140 of the Commis- cations Commission held at. its offices in mailing of this Order, file with the Com- sion rules, in person or by attorney, shall, Washington, D.C., on the 26th day of mission in triplicate a written appearance within 20 days of the mailing of this July 1961; stating an intention to appear on the order, file with the Commission in tripli- The Commission having under con- date fixed for the hearing and present cate, a written appearance stating an sideration the above-captioned and de- evidence on the Issues specified in this intention to appear on the date fixed scribed applications; Order. for the hearing and present evidence on It appearing that each of the appli- It is further ordered, That the appli- the issues specified in this Order. cants Is In all respects qualified to con- cants herein shall, pursuant to § 311 It is further ordered, -That the appli- struct and operate its proposal, except (a) (2) of the Communications Act of cant herein shall, pursuant to section as to the matters involved .in the Issues 1934, as amended, and § 1.362(b) of the 311 (a) (2) of the Communications Act of set forth below; and Commission's rules, give notice of the 1934, as amended, and § 1.362(b) of the It further appearing that the follow- hearing, either irldividually or, if feasible, Commission's rules, give notice of the ing matters are to be considered in con- jointly, within the time and in the man- hearing, within the time and in the man- nection with the aforementioned Issues ner prescribed in such rule, and shall, ner prescribed in such rule, and shall specified below: advise the Commission of the publication advise the Commission of the publication 1. The two applicants propose one- of such notice as required by § 1.362(c) of such notice as required by § 1.362(c) kilowatt, co-channel operations approxi- of the rules. of the rules. mately 15 miles apart and are therefore It is further ordered, That, the issues mutually exclusive. in the above-captioned proceeding may Released: August 3, 1961. 2. Mountain Empire Broadcasting be enlarged by the Examiner, on his Corporation, controlling stockholder in own motion or on petition properly filed FEDERAL COMMUNICATIONS by a party to the proceeding, and upon COMMISSION, the Saltville application, is the licensee sufficient allegations of fact in support [SEAL) BEN F. WAPLE, of Station WMEV (and WMEV-FM), in Acting Secretary. Marion, Virginia. Standard broadcast thereof, by the addition of the following station WMEV operates on a frequency issue: To determine whether the funds [F.R. Doc. 61-7542; Filed, Aug. 8, 1961; of 1010 kc, with a power of one kilowatt, available to the applicant will give rea- 8:52 a.m.] daytime only. Extensive overlap would sonable assurance that the proposals set forth in the application will be effec- exist between the service contours of tuated. [Docket No. 14209; FCC 6IM-13291 WMEV and the Saltville proposed opera- tion. Accordingly, a substantial ques- Released: August 4, 1961. ROUNSAVILLE OF LOUISVILLE, INC. tion exists as to whether or not a grant of (WLOU) the Saltville proposal would contravene FEDERAL COMMUNICATIONS the provisions of § 3.35(a) of the Com- COMMISSION, Order Scheduling Hearing [SEAL] BEN, F. WAPLE, mission's rules. Acting Secretary. It further appearing that in view of In re application of Rounsaville of [F.R. Doc. 61-7544; Filed, Aug. 8, 1961; Louisville, Inc. (WLOU), Louisville, Ken- the foregoing, the Commission is unable to .make the statutory finding that a 8:52 a.m.] -tucky, Docket No. 14209, File No. BP- grant of the subject applications would 13545; for construction permit. serve the public interest, convenience, [Docket No. 14208; FCC 61-961] It is ordered, This 3d day of August and necessity, and is of the opinion that *1961, that Basil P. Cooper will preside the applications must be designated for WMOZ, INC. (WMOZ) at the hearing in the above-entitled pro- hearing in a consolidated proceeding on \Order Designating Applications for ceeding which is hereby scheduled to the issues set forth below: commence on October 9, 1961, in Wash- It is ordered, That, pursuant to sec- Consolidated Hearing on Stated ington, D.C.; And it Is further ordered, tion 309(e) of the Communications Act Issues That a prehearing conference in the pro- of 1934, as amended, the instant appli- In re application of WMOZ, Inc., ceeding will be convened by the presiding cations are designated for hearing in a Mobile, Alabama, Docket No. 14208, File officer at 1:15 p.m., Thursday, September consolidated proceeding, at a time and No. BR-2797; For Renewal of License of 7, 1961. place to be specified in a subsequent Station WMOZ, Mobile, Alabama. order, upon the following issues: At a session of the Federal Commu- Released: August 3, 1961. 1. To determine the areas and popula- nications Commission held at its offices tions which would receive primary serv- in Washington, D.C., on the 26th day FEDERAL COMMUNICATIONS ice from each of the proposals and the of July, 1961; COMMISSION, availability of other primary service to [SEAL] BEN F. WAPLE, The Commission having under con- Acting Secretary. such areas and populations. sideration (a) the above-captioned ap- 2. To determine Whetheraa grant of plication for renewal of license; (b) a [P.R. Doc. 61-7543; Piled, Aug. 8, 1961; the Instant proposal of Saltville Broad- report of an inspection of Station 8:52 a.m.] casting Corporation would be in con- WMOZ; and (c) the report of the Corn- 7162 NOTICES mission's inquiry into the affairs of said coarse, vulgar, suggestive and suscepti- Pensacola, Florida, and the President station; and ble of indecent double meanings; and owner of 99 percent of the stock of It appearing that the above licensee 6. To determine, in light of the con- WMOZ, Incorporated, licensee of Sta- has made certain written representations centration and number of commercial tion WMOZ, Mobile, Alabama; and to the Commission in the above-cap- spot announcements, whether during the It further appearing that the appli- tioned application for renewal of license past license period the station's program cation for renewal of license for Station with respect to its programming and its service was interrupted in a manner and WMOZ was executed by Edwin H. Estes operations which representations, with to a degree so as to cause a deterioration as President of WMOZ, Incorporated, other information before the Commis- in said service contrary to the public and that on this day the Commission has sion, raise questions as to whether the interest; designated for hearing the said applica- licensee of Station WMOZ has submitted 7. To determine whether, during the tion; and false reports to the Commission with par- past license period, the applicant has It further appearing that the Commis- ticular reference to the Annual Financial provided opportunities for local self- sion's consideration of the application Report (Form 324); has submitted false expression consistent with operation in for renewal of license for Station WMOZ and forged programming logs; has sub- the public interest; has raised serious questions as to the mitted false and misleading information 8. To determine whether the station's qualifications of Edwin H. Estes to be in the renewal application particularly past and proposed overall program a licensee of the Commission, since it with respect to the policy of broadcast- service was and is designed to meet the appears that (1) false and forged pro- ing news and public service programs; needs and interests of the community it gram logs for days of the required com- has interrupted the station's program serves; posite week were knowingly and wilfully service in a way and to a degree so as 9. To determine whether the licensee submitted to the Commission with the to cause a deterioration in said service maintained adequate control or super-i WMOZ renewal application; (2) the An- contrary to the public interest; has failed vision of programming material broad- nual Financial Report. (Form 324) for to provide the opportunity for local self- cast over its station during the past 1960 contained misrepresentations with expression consistent with.operation in license period; respect to the gross revenue of the sta- the public interest; has met in its past 10. To determine whether, in light of tion; (3) the WMOZ renewal application and will meet in its proposed over-all- the evidence adduced with respect to the contained false and misleading informa- program service the needs and interests foregoing issues, the licensee possesses tion particularly with respect to the of the community it serves; has with the requisite qualifications to be a li- broadcast of news and public service reference to certain programs broadcast censeeof the Commission; programs which were not in fact pre- material allegedly vulgar, suggestive, and 11. To determine whether, in light of sented; and (4) Edwin H. Estes has susceptible of indecent double meanings; the evidence adduced with respect to the engaged in activities bearing adversely has misrepresented facts to the Commis- foregoing issues, a grant of the above- on his character qualifications in that he sion or was lacking in candor; has main- captioned application would serve the compelled employees to violate Commis- tained adequate control or supervision of public interest; convenience or necessity; sion Rules under threat of -dismissal; and programming material broadcast over It is further ordered, That, to avail It further appearing that the appli- the station; and has engaged in activities itself of the opportunity to be heard, the cation for renewal of license for Station bearing adversely on its character quali- applicant herein, pursuant to § 1.140 of WPFA for the period beginning Febru- fications; and the Commission's rules, in person or by ary 1, 1961, was granted without hearing, It further appearing, that, after con- attorney, shall, within 20 days of the but that such action would not have sideration of all of the foregoing, the mailing of this Order, file with the Com- been taken if the information presently Commission is unable to find that a mission in triplicate, a written appear- available as to the qualifications of Ed- grant of the above-captioned application ance stating an intention to appear on win H. Estes had been at hand at the would serve the public interest; that, the date fixed for the hearing and pre- time of grant; and therefore, said application must be des- sent evidence on the issues specified in It further appearing that the evidence ignated for hearing; and that except as this Order; to be submitted in the hearing on the indicated by the issues specified below, It is further ordered, That, the appli- application for renewal of license for the applicant is legally, technically and cant herein shall, pursuant to section Station WMOZ would to a substantial financially qualified to operate said sta- 311(a) (2) of the Communications Act of degree be pertinent to the question as to tion; 1934, as amended, and § 1.362(b) of the the qualifications of Edwin H. Estes as It is ordered, That, pursuant to sec- Commission's rules, give notice of the licensee of Station WPFA: tion 309(e) of the Communications Act hearing within the time and in the man- It is ordered, This 26th day of July of 1934, as amended, the Instant applica- ner prescribed in such rule, and shall 1961, pursuant to the provisions of sec- tion is designated for hearing in Mobile, advise the Commission of the publication tions 312(a) (2) and 312(c) of the Com- Alabama, at a time and location to be of such notice as required by § 1.362(c) munications Act of 1934, as amended, specified in a subsequent Order, upon the of the rules. that Edwin H. Estes show cause why following issues: Released: August 4, 1961. the license for Station WPFA, Pensa- 1. To determine whether, in connec- cola, Florida, should not be revoked, and tion with the above-captioned applica- FEDERAL COMMUNICATIONS appear and give evidence in respect tion, the licensee submitted falsified and COMMISSION, thereto at a hearing' to be held in Mo- forged program logs and false and mis- [SEAL] BEN F. WAPLE, leading information to the Commission; Acting Secretary. 'Section 1.77 of the Commission's rules 2. To determine whether the licensee IF.R. Doc. 61-7545; Filed, Aug. 8, 1961; provides that a licensee, In order to avail prepared and maintained its program 8:52 am.] himself of the opportunity to be heard, shall, logs for Station WMOZ in violation of in person or by his attorney, file with the the provisions of §§ 3.111-3.115, inclu- Commission, within thirty days after service sive, of the Commission's rules; [Docket No. 14228; FCC 61-9881 of the Order to Show Cause, a written state- 3. To determine whether, during the ment that he will appear at the hearing and EDWIN H. ESTES present evidence on the matter specified in past license term, the station's program the Order. In the event that it would be logs were altered with the intent and Order to Show Cause impossible for respondent to appear for hear- purpose of deceiving the Commission; In the matter of revocation of License ing in the proceeding if scheduled to be held 4. To determine whether in its above- In Mobile, Alabama, he should advise the of Edwin H. Estes for Standard Broad- Commission of the reasons for such inability captioned renewal application and its cast Station WPFA, Pensacola, Florida, Annual Financial Report within five days of the receipt of this Order. for 1960 Docket No. 14228. The right to a hearing is waived if the li- (Form 324) the licensee made misrep- The Commission having under consid- censee (1) fails to file a timely written ap- resentations to the Commission and/or eration the character qualifications of pearance, or (2) files with the Commission, was lacking in candor; Edwin H. Estes as the licensee of a within the time specified for a written ap- 5. To determine whether the pearance, a written statement expressly licensee broadcast station; and waiving the right to a hearing. When hear- permitted program material to be broad- It appearing that Edwin H. Estes is ing is waived, tlhe licensee, within the time cast over Station WMOZ which was the individual licensee of Station WPFA, specified for a written appearance, may sub- 7163 Wednesday, August 9, 1961 FEDERAL REGISTER 5. WABC, by oppositions filed on Sep- time and place to be to date. The decision to which we refer bile, Alabama at a 20 and October 3, 1960, contends and above, concluded that Class I-A channel tember specified in a subsequent order; that the course of action proposed by That the hearing 770 kilocycles could best be utilized by It is further ordered, KSTP is contrary to the Commission's on this Order to Show Cause be consoli- the employment of two Class I stations thereon; and that both WABC and KOB rules; to applicable precedent, and to the dated with the hearing on the applica- recent admonition of the Court of Ap- tion for renewal of license for Station would be permitted to operate on that frequency with 50 kilowatts of power, peals; that the holding of the United WMOZ (Docket No. 14208); and States Supreme Court in Ashbacker That the Acting each employing a directional antenna de- It is further ordered, Radio Corp. v. F.C.C., 326 U.S. 327, should a copy of this Order and signed to protect the other, with said Secretary send not be construed in a manner which WMOZ re- directional antennas designed in accord- the Order designating the compels the Commission to give a mutu- hearing by Certi- ance with the parameters specified in newal application for applicant comparative Requested to paragraph 22 of the findings of fact con- ally exclusive fled Mail-Return Receipt consideration with an existing licensee Edwin H. Estes. tained therein. Accordingly, KSTP was granted leave to amend its application seeking renewal of its license, if It can Released: August 4, 1961. for Albuquerque, New Mexico (File No. be found that but for the existence of application, the public interest, FEDERAL COMMUNICATIONS BMP-1738), and WABC was granted said new convenience and necessity would be COMMISSION, leave to file an application for authority that, moreover, F. WAPLE, to make changes in its existing operation, served by its renewal; [SEAL] BEN consideration need no Acting Secretary. both applications to specify the type op- said comparative by the above deci- longer be afforded in view of the deletion 1961; eration contemplated [F.R. Doe. 61-7546; Filed, Aug. 8, WABC was directed in 1952 of the language in section 307(d) 8:53 a.m.l sion. In addition, to file Its application for renewal of li- of the Act which, in effect, stated that cense, which was to expire on June 1, renewals be treated as original applica- [Docket Nos. 6584, 14225; FCC 61-981] 1960, no later than July 1, 1959. WABC's tions filed pursuant to section 308(a) Petition for Reconsideration of this ac- and also in view of the language added KSTP, INC. (KOB) AND AMERICAN tion was denied by the Commission on thereto, in 1952, indicating that existing BROADCASTING - PARAMOUNT September 8, 1959, In re Albuquerque licensees, absent a serious breach of the THEATRES, INC. Broadcasting Co., 16 RR 895, and on May public trust, should be granted renewals 27, 1960, the United States Court of Ap- almost as of course; 1 that further, the Memorandum Opinion and Order peals for the District of Columbia Cir- Commission's decision of September Designating Applications for Con- cuit, on an appeal taken by WABC, af- 1958, makes clear that the KOB proceed- solidated Hearing on Stated Issues firmed the Commission's Decision of ing had not been terminated thereby; that it had only decided two Class I sta- KSTP, Inc. September 3, 1958, American Broadcast- In re applications of: v. F.C.C., 20 RR tions may be assigned on 770 kilocycles Mexico, ing-Paramount Theatres (KOB), Albuquerque, New 2001. On March 11, 1959, the KSTP and tentatively arrived at the proposed No, for Docket No. 6584, File BMP-1738, operation by KOB and Permit; application for Albuquerque, New Mexico pattern of dual Modification of Construction in accordance with the WABC on that channel; that the Court The-. was amended American Broadcasting-Paramount decision of September, 1958, supra. of Appeals, on May 27, 1960, In passing & Aux.), New York, atres, Inc. (WABC an application for upon the Commission's decision of Sep- 770 kc, 50 kw, U, requests WABC, however, filed New York, has of its license (File No. BR-167) 1958, also saw the necessity of of No. renewal tember renewal existing license, Docket requesting the continuance of its existing further proceedings in this matter by 14225, Pile No. BR-167. operation. stating that the position of ABC, as a net- has before it for 1. The Commission 3. On February 24, 1960, KSTP filed work, should not be permanently prej- the above-captioned consideration (1) an application requesting authority to udiced by forcing it to share a channel a "Petition to Consoli- applications; (2) standard broadcast sta- if ot'her networks are given full use of for Hearing", filed on construct a new date Applications tion to operate on 770 kilocycles at New clear channels and that failure by the Inc. September 19, 1960, by KSTP, York City (File No. BP-13932). This Commission to give due consideration to above (KSTP); (3) Oppositions to the proposal specifies the type operation WABC's claim for treatment comparable 20 and Petition, filed on September contemplated by the Commission in its to that accorded other networks may be October 3, 1960, by American Broadcast- decision of September 3, 1958. On Au- brought to the Court for review; that In Theatres, Inc. (WABC), ing-Paramount gust 22, 1960, WABC and KSTP were argues, it has "cut- thereto, filed oft Octo- view thereof, WABC and (4) a reply advised, pursuant to the then existing off protection" by reason of the unfin- ber 13, 1960, by KSTP. notice provisions of section 309(b) of Ished aspects of the KOB proceeding and 2. Since the complete background of the Communications Act of 1934, as fact necessarily precludes compara- Nos. 6584 and this the proceedings in Docket amended, that since their applications tive consideration, at this time, of the forth in detail in Ap- 6585 has been set were mutually exclusive (both request- KSTP application for Its facilities; that pendix A of the Commission's decision of ing the same facilities) both could not September 3, 1958 (In re Albuquerque be granted and accordingly, it was neces- 1The language deleted by the 1952 amend- Broadcasting Co., 16 RR 765, Pg. 883) it sary that they be designated for com- ment to section 307(d) of the Act Is as for need not again be restated. However, parative hearing to determine which- follows: the purpose of better understanding the proposal, if either, would better serve. "* * * but action of the Commission with now before us, nature of the pleadings the public interest, convenience and ne- reference to the granting of such application we will summarize what has transpired cessity. In reply to this letter, KSTP for the renewal of a license shall be limited subsequent to the decision of September, by the same considerations Appli- to and governed 1958 and bring this portion of the history filed its "Petition to Consolidate and practice which affect the granting of cations for Hearing." original applications." mit t6 the Commission a written statement 4. In its petition, KSTP contends that The pertinent language added to section 307 denying or seeking to mitigate or justify Its application for Albuquerque (File No. (d) of the Act by the 1952 amendment and the circumstances or conduct complained BMP-1738) should also be consolidated to which petitioner refers above, is as a of in the Order to Show Cause. When above proceeding; that the appli- follows: hearing Is waived, the Chief Hearing Exam- in the iner will issue an order certifying the case cation of WABC, requesting renewal of " * * In order to expedite action on appli- opera- cations for renewal of broadcasting station to the Commission. The Commission will its 50 kilowatt non-directional ex- then determine on the basis of all the In- licenses and in order to avoid needless tion on 770 kilocycles, will regult in pense to applicants for such renewals, the formation available to it from any source, "ruinous interference" to its proposed di- which may Include statements filed by the Commission shall not require any such ap- respondent, recommendations from the Com- rectional operation as a Class I station at plicant to file any information which pre- mission's staff, respondent's past violation Albuquerque and that in view thereof, viously has been furnished to the Commis- record, etc. or such further proceeding as sion or wlich is not directly material to the the above three referenced applications considerations that affect the granting or may be warranted, whether a revocation should be consolidated for hearing with order and/or a cease and desist order should denial of such application, but the Commins- be issued or whether the matter should be a single "307(b)" Issue scheduled for sion may require any new or additional facts dismissed. consideration. it deems necessary to make its findings." 7164 NOTICES moreover, any consideration given the 304 requires that a prospective licensee September 3, 1958 decision in Docket Nos. KSTP application requesting operation sign a waiver of any claim to the use of a 6584 and 6585 was not considered final. on 770 kilocycles at New York City, would particular frequency because of the 9. Moreover, WABC's assertion that violate the Commission's Order of August previous use of the same, before such li- the Commission's Order of August 9, 1946 9, 1946 (1 RR 53:905), which provides in cense may be granted. Thus, it appears (1 RR 53:905), precludes consideration substance that applications requesting clear that the Act intends no person to of the KSTP application for New York operation on 770 kilocycles will be placed have anything in the nature of a prop- City at this time, is also without merit. in the pending files until conclusion of erty right as a result of the grant of a This order, providing, in substance, that the proceedings in Docket No. 6741 (Clear license; that broadcast licenses are applications requesting operation on Channel proceeding). limited to a maximum of three years 1030 or 770 kilocycles, be placed in the 6. KSTP's reply, filed on October 13, duration and may be revoked at any time pending files until resolution of the 1960, controverts, categorically, all of the for good cause shown; that before such Clear Channel proceeding (Docket No. above arguments asserted by WABC. In license can be renewed, it must be de- 6741), was instituted to insure the status substance it replies that the 1952 amend- termined, pursuant to section 307(d) of quo of these frequencies, by precluding ments to the Communications Act did the Act, that the public interest, con- additional assignments thereon which not affect an applicant's right to have its venience and necessity would be served would further aggravate the "anomalous proposal considered comparatively with thereby and that if, after a hearing on situation" which then existed on 770 and an application for renewal when it is such application for renewal, said finding 1030 kc, and thereby render more diffi- mutually exclusive therewith; that no cannot be made, the frequency presently cult a satisfactory solution of the matter. further proceedings remain in the KOB- occupied remains free for a new assign- However, the KSTP application does not WABC matter which provides "cut-off ment to. another licensee in the interest request an additional assignment on 770 protection" to the WABC renewal appli- of tlie listening public. See Federal kilocycles. Its application requests cation; and that the "admonition" of the Communications Commission v. Sanders those facilities presently utilized by Court of Appeals, to which WABC refers, Brothers Radio Station, 309 U.S. 470, 9 WABC; only one can be granted, and cannot be construed to mean that the RR 2008, p. 2011. To refuse, then, a regardless of which may be favored in Commission must hear the claims of mutually exclusive applicant at this stage a hearing, the status quo with respect to WABC with respect to its network posi- of a proceeding, the opportunity to show the location and number of standard tion before any further action can be that its proposal would better serve the broadcast stations on 770 kc will be taken in accordance with the Commis- public interest, would be a denial of the maintained. Thus, the order of August sion's decision of September 1958. In rights afforded such applicants by the 9, 1946 is not applicable to the KSTP view of the above, KSTP again requests Communications Act of 1934, as amend- application requesting operation on 770 that its applications for New York City ed, as well as a violation of the Commis- kilocycles in New York City. and Albuquerque be consolidated for sion's duty to determine, as among all 10. WABC further contends that the hearing with the renewal application of available applicants requesting the same "admonition" of the Court of Appeals WABC. facilities, whose proposal would best in its opinion of May 27, 1960 also pre- 7. In view of the doctrine expressed by serve the public interest, convenience cludes the consolidation of the KSTP the United States Supreme Court in Ash- and necessity. To illustrate further the application with its renewal application. backer Radio Corp. v. Federal Communi- fallaciousness of the instant argument The Court in its opinion did concern it- cations Commission (supra)., we have advanced by WABC, we observe that the self with the possible adverse effects on consistently held that an application for Court of Appeals, in its decision of May ABC as a network, and it was stated renewal of a broadcast license must be 27, 1960, also recognizes this right therein that the Commission should designated for comparative hearing with afforded applicants for broadcast facili- "* * * give due consideration to ABC's any other mutually exclusive applica- ties, for therein, in discussing WABC's claims for treatment comparable to that tions then pending before the Commis- right to raise the claim regardiig its accorded other networks 0 * " How- sion, In re Hearst Radio, Inc. (WBAL), 3 network position vis a vis the other net- ever, nowhere in its opinion did the Pike & Fischer RR 731 (1947); Robert E. works, the Court states: Court indicate, as contended by WABC, Bollinger, 13 Pike & Fischer RR 881 It may be that ABC can raise its claim in this that until it is afforded these opportuni- (1957); Wabash Valley Broadcasting Co. regard by filing competitive applications ties, the present utilization of 770 kilo- (WTHI-TV), 18 Pike & Fischer RR 562 when present licensees on other frequencies cycles must remain unchanged. Rather, (1959); Radio Voice of New Hampshire, seek renewal or by seeking modification of it upheld the Commission's decision of Inc. (WMUR-TV), Order of May 1, 1957 existing licenses held by others. (See 20 RR p. 2005.) September 3, 1958, which concluded (FCC 57-433); Orovlle Broadcasters that the mandate of section 307(b) of (KMOR), Order of November 5, 1958 8. Nor can we accept WABC's argu- the Act would best be served by per- (FCC 58-1041). WABC claims, however, ment that its renewal application has mitting Station KOB, Albuquerque, to that because of the 1952 amendments to "cut-off protection" by virtue of the fact operate with 50 kilowatts, directional an- the Communications Act, comparative that the decision of September 3, 1958, tenna, night and by the amendment of consideration need no longer be afforded in Docket Nos. 6584 and 6585 (16 RR 765, § 3.25 (a) of the rules to provide that the a mutually exclusive applicant in a li- supra), did not conclude the KOB Commission may authorize the operation cense renewal hearing. (See Par. 5, matter. A similar contention was raised of two Class I stations on 770 kilocycles. supra.)I We do not agree that the 1952 by WABC in its petition for rehearing, 11. Although WABC's pending appli- amendments to the Act intended or ac- filed on October 6, 1958. Therein it was cation requests continuance of its non- complished such a result. Section 301 of directional operation on 770 kilocycles,' the Communications Act provides that requested, inter alia, that the Commis- sion modify its decision of September 3, the Commission's decision of September no license shall be construed to create 1958 to make it clear that the conclu- 3, 1958, concluded, as indicated supra, any right beyond the terms, conditions sions there reached are "tentative" only. that the frequency 770 kilocycles would and periods of the license; while section In reply thereto, the Commission stated best be utilized by permitting WABC I WABC further argues that since the Com- as follows: and KOB to operate with 50 kilowatts mission does not afford this opportunity to The conclusions set forth in the decision un- of power, unlimited time, each employ- mutually exclusive applicants in transfer der review constitute our considered judg- ing a directional antenna designed to and assignment situations under section ment. In the sense that any Commission protect the other. The findings of fact 310(b) of the Act, which section in turn decision or action may be modified when and the conclusions of law reached makes reference to section 308, it need not changed conditions and the public good re- therein are final and conclusive on the afford these rights under the provisions of quiredt, the instant decision is tentative. In question concerning what type opera- section 307(d) of the Act. This contention the sense that the Commission at pres- can be answered by the language of section ent contemplates no further evidentiary 310(b) itself. Therein it is stated "* * but hearing on the decision reached herein, the I Favorable consideration on the above re- in acting thereon the Commission may not decision is final. (16 RR 895, para. 12, Sep- newal application of WABC would seriously consider whether the public interest, con- tember 8, 1959.) prejudice a grant of. the pending KOB pro- venience and necessity might be served by the posal, since the WABC 0.25-10 percent transfer, assignment, or disposal of the per- In view of the foregoing language, no skywave interfering contour would sub- mit or license to a person other than the pro- useful purpose would be served herein by stantially reduce the nighttime coverage area posed transferee or assignee." further entertaining the claim that the of KOB's proposed operation. Wednesday, August 9, 1961 FEDERAL REGISTER 7165 tion on the frequency 770 kilocycles Lngs are also found to be necessary, the would best effectuate the mandate of KOB application will be granted, a con- FEDERAL POWER COMMISSION to KOB section 307(b) of the Act; See In re struction permit will be issued [Docket No. CP61-3131 Albuquerque Broadcasting Co., 16 RR immediately and operation will be au- 895, Para. 12, supra. However, the Com- thorized In regular course, Inasmuch as CITY OF GRANBY, MO. those actions cannot be affected by the mission feels, in view of the language Notice of Application contained in the opinion rendered by the outcome of the subsequent proceedings. United States Court of Appeals on May In view of the foregoing: It is ordered, AUGUST 2, 1961. 27, 1960, that it would be appropriate at That the "Petition to Consolidate Appli- Take notice that on June 8, 1961, the this time to reopen the record in Docket cations for Hearing" filed by KSTP, Inc. City of Oranby, Newton County, Mis- No. 6584 in order to consider any addi- is granted to the extent provided for souri, (Applicant) filed in Docket No. tional evidence to be presented by WABC below, and is denied in all other respects CP61-313 an application pursuant to with respect to its network position on and that pursuant to the provisions of Section 7(a) of the Natural Gas Act for the frequency 770 kilocycles and to de- section 309(e) of the Communications an order of the Commission directing termine in the light of such evidence Act of 1934, as amended, the above-cap- Cities Service Gas Company (Cities whether the Issue is such that It over- tioned and described applications are Service) to establish, physical connec- rides the 307(b) determination, pre- designated for consolidated hearing on tion of its facilities with certain facili- viously rendered by the Commission in the following issues: ties which Applicant proposes to con- its decision of September 3, 1958. 1. To determine in view of our findings struct, and to sell and deliver natural gas Therefore, we propose to consolidate and conclusions in Docket No. 6584 with to Applicant for resale In said City and WABC's application (File No. BR-167) respect. to KOB's proposal and section* environs, all as more fully set forth in for renewal of license for hearing with 307(b) of the Communications Act of the application which is on file with the KSTP's amended application (File No. 1934, as amended, whether the public Commission and open to public BMP-1738) for Albuquerque, New interest would be served by a grant of inspection. Mexico, and to reopen the record in WABC's application (BR-167) for re- Cities Service's main transmission that proceeding for such limited pur- newal of license for its present facilities, pipeline passes within approximately pose, and for that purpose alone. No or the application of KSTP, Inc. (BMP- 6.5 miles north of the City of Granby. additional evidence will be permitted to 1738) for Albuquerque, New Mexico. Applicant proposes to construct the nec- be adduced under issue 1, infra, since, as 2. To determine whether the consider- essary connecting line and appurte- stated above, our findings of fact and ation of providing facilities to the ABC nances, and the distribution facilities in conclusions of law'previously reached Network in New York on a basis which the city and environs at an estimated with respect to section 307(b) of the Act is fair and equitable in comparison with total cost of $280,000, which construc- are final and conclusive. The purpose other radio networks should vary the tion will be financed by the issuance of of including this issue and Issue 3 is conclusion with respect to Issue 1, above. gas revenue bonds. simply to permit the Commission to take 3. To determine, In the light of our The estimated natural gas require- appropriate action upon the above- findings and conclusions in Docket No. ments of the City of Granby and en- captioned applications in the light of 6584 and the evidence adduced pursuant virons, having a population of approxi- the additional evidence to be adduced to Issue 2 above, which of the above- mately 2,050, are as follows: pursuant to issue 2. captioned and described applications 12. We do not deem it appropriate to should be granted. Requirements in Met consolidate KSTP's application (BP- It is further ordered, That the burden 13932) for New York City for hearing at of proceeding with the introduction of Ist year 2d year 3d year this time, since after the hearing ordered evidence and the burden of proof as to herein has been completed a comparative issue "2" above shall be on the American for re- Broadcasting-Paramount Theatres, Inc. Annual ------50, 580 59,652 68, 724 hearing with WABC's application Peak day ------700 828 956 newal may prove to be unnecessary. We It is further ordered, That, to avail wish to make it absolutely clear, however, themselves of the opportunity to be that our action herein in no way impairs heard, the applicants herein, pursuant to Service to Applicant by Cities Service KSTP's right to a comparative hearing §.1.140 of the Commission's rules, in per- would be within the total volumes of nat- with WABC, if WABC's renewal applica- son or by attorney, shall, within twenty ural gas sales as limited by the Com- tion is not denied after this hearing. (20) days of the mailing of this Order, mission's order issued December 27, 1960, Furthermore, the possibility exists that file with the Commission in triplicate a in Docket No. CP60-32. the Commission may deny WABC's re- written appearance stating an intention On July 6, 1961, Cities Service filed newal application, but, in its discretion, to appear on the date fixed for the hear- with the Commission its verified letter as a consequence of the evidence ad- ing and present evidence on the issues advising that it will comply with the duced pursuant to Issue 2, below, find it specified in this Order. Commission's decision in the matter. in the public interest to afford WABC a It is further ordered, That further ac- Protests or petitions to intervene in final opportunity to file an application tion on KSTP, Inc.'s application (BP- this proceeding may be filed with the for authority to make changes in the 13932) for New York, New York, will be Federal Power Commission, Washington operation of Station WABC in the man- withheld pending a final decision in the 25, D.C., in accordance with the rules ner specified in Paragraph 22 of our hearing herein ordered. of practice and procedure (18 CFR 1.8 or September, 1958 decision in this proceed- It is further ordered, That the appli- 1.10) on or before August 25, 1961. cants herein shall, pursuant to section ing. Should these findings be made, and JOSEPH H. GUTRIDE, should WABC choose to file such an ap- 311(a) (2) of the Communications Act of Secretary. plication, the comparative hearing would 1934, as amended, and § 1.362(b) of the then be between KSTP's pending pro- Commission's rules, give notice of the [P.R. Doe, 61-7501; Filed, Aug. 8, 1961; posal for New York City and WABC's hearing, within the time and in the man- 8:46 a.m.] new application.' If the Commission's ner prescribed in such rule, and shall decision on the first two issues below advise the Commission of the publication [Docket No. CP61-3431 grant of the KOB application of such notice as required by § 1.362(c) indicates GAS CO. for modification of construction permit of the Commission's rules. KENTUCKY WEST VIRGINIA (BMP-1738), but such further proceed- Adopted: July 26, 1961. Notice of Application and Date of 'Released: August 4, 1961. Hearing, 4It should be noted that KSTP's applica- tion (BP-12932) for New York City appeared FEDERAL COMMUNICATIONS AUGUST 2, 1961. on the "cut-off" list of July 6, 1961, with a COMMISSION, Take notice that on June 28, 1961, "Cut-off" date of August 14, 1961. Obviously, [SEAL] BEN F. WAPLE, Kentucky West Virginia Gas Company should the situation described above even- tuate, the Commission will waive §1.354(c) Acting Secretary. (Applicant), Second National Bank to permit comparative consideration of [F.R. Doc. 61-7647: Filed, Aug. 8, 1961; Building, Ashland, Kentucky, filed an WABC's application. 8:58 a.m.] application in Docket No. CP61-343, pur- 7166 NOTICES suant to section 7 (b) of the Natural Gas Protests or petitions to Intervene may [File No. 1-4252] Act, for permission and approval to be filed with the Federal Power Com- abandon the sale of natural gas to In- mission, Washington 25, D.C., in ac- UNITED INDUSTRIAL CORP. land Gas Company (Inland) under Ap- cordance with the rules of practice and (DELAWARE) plicant's Rate Schedule X-4, all as more procedure (18 CFR 1.8 or 1.10) on or Order Summarily Suspending fully set forth in the aplication on file before August 28, 1961. Failure of any with the Commission and open to public party to appear at and participate in the Trading inspection. hearing shall be construed as waiver of Applicant presently delivers gas to In- and concurrence in omission herein of AUGUST 3, 1961. land under two rate schedules. Under the intermediate decision procedure in In the matter of trading on The Rate Schedule X-4, Applicant sells to cases where a request therefor is made. American Stock Exchange, The Detroit Inland natural gas produced from wells JOSEPH H. GUTRIDE, Stock Exchange, The New York Stock in Magoffin County, Kentucky, which Secretary. Exchange, and The Pacific Coast Stock wells are not connected to Applicant's Exchange in Common Stock, $1 Par system but deliver directly from the field [P.R., Doc. 61-7502; Filed, Aug. 8, 1961; Value Series A Convertible Preferred into the facilities of Inland. Under Rate 8:46 am.] Stock, $8.50 Par Value, Warrants to Pur- Schedule X-2, Applicant delivers gas to chase Common Stock of United Indus- Inland at other locations in Johnson, trial Corporation (Delaware). Knott and Floyd Counties, Kentucky, The Common Stock, $1 par 'value of under a gas-for-ghs exchange agree- SECURITIES AND EXCHANGE United Industrial Corporation (Dela- ment. However, Applicant states that ware) being listed and registered on the due to a decline in production from its COMMISSION New York Stock Exchange and the Pa- wells dedicated to the X-2 exchange [File Nos. 7-2176-7-2179] cific Coast Stock Exchange, and admitted agreement, it has not been able to deliver FOXBORO CO. ET AL. to unlisted trading privileges on the De- to Inland equivalent volumes to those troit Stock Exchange; and received by It from Inland. The appli- Notice of Applications for Unlisted The Series A Convertible Preferred cation shows that as a result -of this Trading Privileges and of Oppor- Stock $8.50 par value of United Indus- imbalance, Inland has had to suspend tunity for Hearing trial Corporation (Delaware) being exchange deliveries on its part from listed and registered on the New, York time to time in order to enable Appli- AUGUST 3, 1961. Stock Exchange and the Pacific Coast cant to correct the deficiency. In the matter of applications of the Stock Exchange; and Therefore, Applicant proposes herein Boston Stock Exchange for unlisted The Warrants to Purchase Common to abandon the sale under Rate Sched- trading privileges in certain securities. Stock of United Industrial Corporation ule X-4 and instead to continue to de- The above named national securities liver gas to Inland from the wells ded- exchange has filed applications with the (Delaware) being listed and registered icated to the subject Rate Schedule as Securities and Exchange Commission on the American Stock Exchange and part of the X-2 exchange agreement. pursuant to section 12(f) (2) of the the Pacific Coast Stock Exchange; and Thus, Applicant states, Inland would Securities Exchange Act of 1934 and The Commission being of the opinion continue to receive, under Rate Schedule Rule 12f-1 thereunder, for unlisted trad- that the public interest requires the X-2, the same amount of gas now being ing privileges in the common stocks of summary suspension of trading -in each delivered by Applicant under both Rate the following companies, which securi- such security on such Exchanges and Schedules X-2 and X-4. Applicant ties are listed and registered on one that such action Is necessary and ap- states further that it would also benefit or more other national securities ex- propriate for the protection of investors; by receiving from Inland volumes of gas changes: and equivalent to that produced from the Foxboro Company, File 7-2176 Magoffin County wells, which production The Commission being of the opinion General Mills, Inc., File 7-2177 further that such suspensions are neces- is otherwise unavailable to Applicant Ronson Corporation, File 7-2178 without additional investment for con- Spiegel, Incorporated, File 7-2179 sary in order to prevent fraudulent, necting facilities. deceptive or 'manipulative acts or prac- Inland has agreed to the proposed Upon receipt of a request, on or before tices, with the result that it will be abandonment. August 17, 1961 from any interested unlawful under section 15(c) (2) of the No additional facilities will be required person, the Commission will determine Securities Exchange Act of 1934 and the whether the application with respect to as the proposed re-arranged deliveries Commission's Rule 15c2-2 thereunder for will be made through existing delivery any of the companies named shall be set down for hearing. Any such request any broker or dealer to make use of the points. mails Or of any means or instrumen- This matter is one that should bie dis- should state briefly the title of the se- posed of as promptly as possible under curity in which he is interested, the na- tality of interstate commerce to effect the applicable rules and regulations and ture of the interest of the person making any transaction in, or to induce or at- to that end: the request, and the position he proposes tempt to induce the purchase or sale of Take further notice that, pursuant to to take at the hearing, if ordered. In any of such securities, otherwise than the authority contained in and subject addition, any interested ,person may on a national securities exchange; to the jurisdiction conferred upon the submit his views or any additional facts It is ordered, Pursuant to section 19 Federal Power Commission by sections bearing on any of the said applications (a) (4) of the Securities Exchange Act of 7 and 15 of the Natural Gas Act, and the by means of a letter addressed to the 1934 that trading in said securities on Commission's rules of practice and pro- Secretary, Securities and Exchange the American Stock Exchange, the New cedure, a hearing will be held on Sep- Commission, Washington 25, D.C., not York Stock Exchange, the Detroit Stock tember 7, 1961 at 9:30 a.m., e.d.s.t., in later than the date specified. If no Exchange and the Pacific Coast Stock a Hearing Room of the Federal Power one requests a hearing with respect to Commission, 441 G Street NW., Wash- Exchange be summarily suspended in ington, D.C., concerning the matters in- any particular application, such appli- order to prevent fraudulent, deceptive or volved in and the issues presented by cation will be determined by order of manipulative acts or practices, this such application: Provided, however, the Commission on the basis of the facts order to be effective for a period of ten That the Commission may, after a non- stated therein and other information (10) days, August 4, 1961 to August 13, contested hearing, dispose of the pro- contained in the official files of the Com- 1961, both dates inclusive. ceedings pursuant to the provisions of mission pertaining thereto. By the Commission. § 1.30(c) (1) or (2) of the Commis- By the Commission. sion's rules of practice and procedure. Under the procedure herein provided for, [SEAL] ORVAL L. DuBois, [SEAL] ORVAL L. DuBois, unless otherwise advised, it will be un- Secretary. Secretary. necessary for Applicant to appear or be [F.R. Doc. 61-7507; Filed, Aug. 8, 1961; [F.R. Doc. 61-7508; Filed, Aug. 8, 1961; represented at the hearing. 8:46 a.m.] 8:46 am.] Wednesday, August 9, 1961 FEDERAL REGISTER 7167 posed operations unless filed within 30 Highways 26 and 71 to Frederick, Md., FEDERAL RESERVE SYSTEM days from the date of publication. thence over U.S. Highway 40 to Hancock, Successively filed letter-notices of the Md., thence over U.S. Highway 522 to MARINE CORP. same carrier under the Commission's de- Warfordsburg, Pa., thence over Pennsyl- Highway 126 to Breezewood, Pa., Granting Petition for viation rules revised, 1957, will be num- vania Order bered consecutively for convenience in thence over U.S. Highway 30 to Cham- Reconsideration identification and protests If any should bersburg, Pa., thence over U.S. Highway matter of the application of refer to such letter-notices by number. 11 to Harrisburg, Pa., thence over U.S. In the Highway 22 to Newark, N.J., thence over The Marine Corporation for prior ap- MOTOR CARRXERS OF PROPERTY proval of acquisition of voting shares of U.S. Highway 1 to New York, N.Y., and Wisconsin State Bank, Milwaukee, Wis- No. MC-2202 (Deviation No. 24), return over the same route. ROADWAY EXPRESS, INC., 147 Park No. MC-39406 (Deviation No. 1), CEN- consin. Box Whereas, the Board of Governors on Street, P.O. Box 471, Akron 9, Ohio, TRAL MOTOR LINES, INC., P.O. filed July 28, 1961. Carrier proposes to 1067, Charlotte 1, N.C., filed July 26, 1961. June 29, 1961, entered an order denying operate as a common the application of The Marine Corpora- operate as a common carrier, by motor Carrier proposes to vehicle, of general commodities, with carrier,by motor vehicle, of general com- tion ("Marine") pursuant to the Bank exceptions, over a Holding Company Act of 1956 for prior certain exceptions, over a deviation route modities, with certain of stock of as follows: From McKinney, Tex., over deviation route as follows: From Junc- approval of the acquisition 70 and Interstate Wisconsin State Bank, Milwaukee, U.S. Highway 75 to Richardson, Tex., tion U.S. Highway and return over the same route, for oper- Highway 40 near Hildebran, N.C., over Wisconsin: Highway 40 to junction North Whereas, on July 25, 1961, Marine ating convenience only, serving no inter- Interstate mediate points. The notice indicates Carolina Highway 226, thence over filed with the Board a "Petition for Re- 226 to Junction hearing" in this matter, which petition. that the carrier is presently authorized North Carolina Highway to transport the same commodities over U.S. Highway 221, thence over U.S. High- in the absence of any previous hearing, US. Highway 70 in for a pertinent service route as follows: way 221 to Junction is herein regarded as a "Petition N.C., and return over the same Reconsideration"; From McKinney, over Texas State Route Marion, 5, to Richardson, and return over the route, for operating convenience only, Whereas, in connection with such serving no intermediate points. The no- petition, Marine has requested that the ,same route. No. MC-29130 (Deviation No. 1). tice indicates that the carrier is presently Board stay the effective date of its order authorized to transport the same com- of June 29, 1961, and, further, that ROCK ISLAND MOTOR TRANSIT COMPANY, 919 Walnut Street, Des modities over a pertinent service route counsel for Marine be granted the From Hickory, N.C., over U.S. oral argument Moines, Iowa, filed July 31, 1961. Car- as follows: privilege of presenting common Highway 70 to Asheville, N.C., and return before the Board; rier proposes to operate as a carrier, by motor vehicle, of general over the same route. It is hereby ordered, (1) That the No. MC-67818 (Deviation No. 1), Petition for Reconsideration is granted; commodities, with certain exceptions, over a deviation route as follows: From MICHIGAN EXPRESS, INC., 505 Mon- (2) that Marine may present its views roe Avenue, N. W., Grand Rapids 5, before the Board of Governors in a non- the junction of Iowa Highway 150 and U.S. Highway 6 at Davenport, Iowa, over Mich., filed August 2, 1961. Carrier pro- public proceeding at the Offices of the poses to operate as a common carrier,by Board in Washington, D.C., on August 9, Iowa Highway 150 to junction U.S. Highway 30 near Stanwood, Iowa, thence motor vehicle, of general commodities, 1961, at 10 am.; and (3) that Marine's with certain exceptions over deviation the Board stay the effective over U.S. Highway 30 to junction U.S. request that Highway 218 near Cedar Rapids, Iowa, routes as follows: (A) From Detroit, date of its order of June 29, 1961, is Mich., over Interstate Highway 94 to denied. and return over the same route, for oper- ating convenience only, serving no in- ,junction Indiana Highway 212 east of Dated at Washington, D.C., this 3d termediate points. The notice indicates Michigan City, Indiana, and (B) From day of August 1961. that the carrier is presently authorized the junction of Interstate Highway 96 and U.S. Highway 16 at Detroit, over By order of the Board of Governors. to transport the same commodities over pertinent service routes as follows: From Interstate Highway 96 to junction Inter- [SEAL] KENNETH A. KENYONc, Silvis, Ill., over Illinois Highway 92 to State Highway 196 at or near Grand Assistant Secretary. junction U.S. Highway 6, thence over Rapids, Mich., thence over Interstate [F.R. Doc. 61-7503; Filed, Aug. 8, 1961; U.S.. Highway 6 to Omaha, Nebr.; From Highway 196 to Muskegon, Mich., and 8:46 a.m.] Iowa City, Iowa, over U.S. Highway 218 return over the same routes, for operat- to Cedar Rapids, Iowa, and return over ing convenience only, serving no inter- the same routes. mediate points. The notice indicates No. MC-31444 (Deviation No. 1), that the carrier Is presently authorized INTERSTATE COMMERCE SCHREIBER TRUCKING COMPANY, to transport the same commodities over INC., 1315-1399 Washington Blvd., Pitts- pertinent service routes as follows: From COMMISSION burgh 6, Pa., filed July 31, 1961. Car- Chicago, Ill., over U.S. Highway 12 to From Muskegon, over [Notice 1711 rier proposes to operate-as a common Marshall, Mich.; carrier, by motor vehicle, of general U.S. Highway 31 to junction Michigan MOTOR CARRIER ALTERNATE ROUTE commodities, with certain exceptions, Highway 104,. thence over Michigan DEVIATION NOTICES over a deviation route as follows: From Highway 104 to junction U.S. Highway Bel Air, Md., over U.S. Highway 1 to 16, thence over U.S. Highway 16 to Grand AUGUST 4, 1961. junction Pennsylvania Highway 52, Rapids, thence over Michigan Highway The following letter-notices of pro- thence over Pennsylvania Highway 52 to 37 to Battle Creek, Mich., thence over posals to operate over deviation routes junction U.S. Highway 202, thence over U.S. Highway 12 to Ann Arbor, Mich., for operating convenience only with serv- U.S. Highway 202 to the Valley Forge, thence over Michigan Highway 17 to ice at no Intermediate points have been * Pa., Interchange of the Pennsylvania Detroit, and return over the same routes. filed with the Interstate Commerce Com- Turnpike, thence over the Pennsylvania No. MC-80504 (Deviation No. 1), mission, under the Commission's devia-- Turnpike and the Delaware River Turn- SHEIN'S EXPRESS, Calhoun and tion rules revised, 1957 (49 CFR 211.1(c) pike Bridge to the New Jersey Turnpike, Beakes Streets, Trenton 8, N.J., filed (8)) and notice thereof to all interested thence over the New Jersey Turnpike to July 26, 1961. Carrier proposes to persons is hereby given as provided in Junction U.S. Highway 1 near New Jer- operate as a common carrier, by motor such rules (49 CFR 211.1(d) (4)). sey Turnpike Interchange No. 15, andt vehicle, of general commodities, with Protests against the use of any pro-- return over the same route, for operat- certain exceptions, over a deviation posed deviation route herein described ing convenience only, serving no inter-- route as follows: From Buffalo, N.Y., may be filed with the Interstate Com- mediate points. The notice indicates over the New York Thruway, to Suffern, merce Commission in the manner anci that the carrier is presently authorized N.Y., and return over the same route, for in such rules (49 CFE to transport the same commodities ovel operating convenience only, serving no form provided The notice indi- ) at any time but will not oper.- a pertinent service route as follows: intermediate points. 211.1(e) the carrier is presently hu- ate to stay commencement of the pro.- From Baltimore, Md., over MarylaneI cates that No. 152-7 7168 NOTICES

thorized to transport the same" com- APPLICATIONS ASSIGNED FOR ORAL HEAR- and U.S. Highway 131 at the Indiana- modities over pertinent service routes as ING OR PRE-HEARING CONFERENCE Michigan State line, and return over follows: From Buffalo over New York MOTOR CARRIERS OF PROPERTY the same route serving no intermediate Highway 5 to Batavia, N.Y. (also from points, and with service at the junction Buffalo over New York Highway 33 to No. MC 623 (Sub-No. 46) (CORREC- of U.S. Highway 131 at the Indiana- Batavia), thence over New York High- TION), filed May 25, 1961, published Michigan State line for purposes of way 5 to Syracuse, N.Y. (also from Bata- issue July 26, 1961, republished as cor- joinder only. via over New York Highway 33 to rected this issue. Applicant: H. MES- HEARING: November 1, 1961, at the Rochester, N.Y., thence over New York SICK, INC., P.O. Box 214, Joplin, Mo. New Post Office Building, Columbus, Highway 31 to junction New York High- Applicant's attorney: Turner White, 808 Ohio, before Joint Board No. 208. way 57, thence over New York Highway Woodruss Building, Springfield, Mo. No. MC 10761 (Sub-No. 108), filed 57 to Syracuse; also from Rochester Authority sought to operate as a contract July 17, 1961. Applicant: TRANS- over New York Highway 96 to Waterloo, carrier, by motor vehicle, over irregular AMERICAN'FREIGHT LINES, INC., N.Y., thence over New York Highway 5 routes, transporting: Classes A, B and C 1700 North Waterman Avenue, Detroit to Syracuse), thence over New York explosives, blasting agents, blasting sup- 9, Mich. Applicant's attorney: Howell Highway 5 to Albany, N.Y., thence over plies and materials, materials used in Ellis, Room 1210-12 Fidelity Building, U.S. Highway 9 to New York, N.Y.; From the manufacture of said commodities 111 Monument Circle, Indianapolis Buffalo to Albany 4, as specified above, and empty containers, for the specified Ind. Authority sought to operate as a thence over U.S. Highway 9W to New- commodities, between Ishpeming, Mich., common carrier, by motor vehicle, over burgh, N.Y., thence over New York High- and Virginia, Minn., and points within regular routes, transporting: Loose way 32 to junction New York Highway 15 miles of each, on the one hand, and, aluminum scrap borings, in bulk, from 17, thence over New York Highway 17 to on the other, points in Illinois, Indiana, Flint, Mich., over Highway 78 to Battle junction New Jersey Highway 17, thence Iowa, Michigan, Minnesota, Missouri, Creek, Mich., thence over U.S. Highway over New Jersey Highway 17 to Harrison, Montana, North Dakota, South Dakota, 12 to Gary, Ind., thence over U.S. N.J., High- thence over city streets and con- Nebraska, Wisconsin, and Wyoming. way 30 to Aurora, Ill., serving necting highways no inter- via Newark and Jersey NoTE: The purpose of this republication mediate points, and refused and rejected City, N.J., and the Holland Tunnel to Is to add C to Classes A, and B explosives, shipments, of the above New specified com- York, and return over the same which was inadvertently omitted. modities, on return. routes. HEARING: Remains as assigned, Sep- HEARING: October 19, 1961, at the No. MC-107457 (Deviation No. 5), Midland Hotel, DANCE tember 27, 1961, at the Park East Hotel, Chicago, Ill., before Joint FREIGHT LINES, INC., 920 Board No. 73. Dance Court, Kansas City, Mo., before Examiner Leo Cincinnnatl 3, Ohio, filed No. MC 17379 (Sub No. 7), August A. Riegel. filed June 2, 1961. Carrier proposes to 16, 1961. Applicant: M & M TRUCKING operate as a common No. MC 2202 (Sub No. 213), filed June carrier, by motor CO., 1103 East Poland vehicle, of 5, 1961. Applicant: ROADWAY EX- Avenue, Bessemer, general commodities, with Pa. Applicant's attorney: Henry certain exceptions, PRESS, INC., 147 Park Street, Akron, M. over a deviation route Wick, Jr., 1515 Park Building, as Ohio. Applicant's attorney: William 0. Pitts- follows: From the junction of U.S. burgh 22, Pa. Authority sought Highway Turney, 2001 Massachusetts Avenue to op- 70 and Interstate Highway '40, erate as a contract carrier, near Old Fort, NW., Washington 6, D.C. Authority by motor S.C., over Interstate High- vehicle, over irregular routes, transport- way 40 to Statesville, sought to operates as a common carrier, N.C., and return ing: Cement, in bulk and packages, from over the same route, by motor vehicle, over regular routes, for operating con- Bessemer, Pa., to points in Noble, Wash- venience only, transporting: General commodities, ,(ex- serving no intermediate ington, Morgan, Athens, and Meigs points. The notice indicates that the cept those of unusual value, Classes A and B explosives, livestock, household Counties, Ohio, and empty containers, carrier Is presently authorized to trans- on return. port the same commodities over a per- goods as defined by the Commission, commodities in bulk, and those requiring HEARING: November 3, 1961, at the tinent service route as follows: From New Post Office Building, Columbus, Asheville, N.C., special equipment), between Painesville, over U.S. Highway 70 to Ohio, before Joint Board No. 27. Statesville, Ohio and junction of Ohio Highway 44 and return over the same No. MC 19778 (Sub-No. 44), filed July route. and U.S. Highway 422; from Painesville over Ohio Highway 44 to the junction of 3, 1961. Applicant: THE MILWAUKEE By the Commission. Ohio Highway 44 and U.S. Highway 422, MOTOR TRANSPORTATION COM- PANY, a Corporation, 516 West [SEAL] HAROLD D. McCoy, and return over the same route, serving Jackson Boulevard, Chicago 6, 1l1. Applicant's 'Secretary. no intermediate or off-route points, with service at the junction of Ohio Highway attorney: Robert F. Munsell (same [F.R. Doc. 61-7520; Filed, Aug. 8, 1961; 44 and U.S. Highway 422 for the purpose address as applicant). Authority sought 8:49 aam.] of joinder only. to operate as a common carrier, by HEARING: November 2, 1961, at the motor vehicle, over regular routes, New Post Office Building, Columbus, transporting: General commodities (ex- MOTOR CARRIER APPLICATIONS AND Ohio, before Joint Board No. 117. cept household goods as defined by the CERTAIN OTHER PROCEEDINGS No. MC 2202 (Sub No. 214), filed June Commission), (1) between Portage, Wis. 15, 1961. Applicant: ROADWAY and Madison, Wis.; from Portage over [Notice 392] EX- PRESS, INC., 147 Park Street, Akron, U.S. Highway 16 to junction U.S. High- AUGUST 4, 1961. 9, Ohio. Applicant's attorney: William way 51, thence over U.S. Highway 51 to junction U.S. Highway 151, thence over The following publications are gov- 0. Turney, 2001 Massachusetts Avenue U.S. Highway 151 to Madison, and erned by the Interstate Commerce NW., Washington 6, D.C. Authority re- Com- turn over the same route, serving all mission's general rules sought to operate as a common carrier, of practice intermediate points which are stations including special rules (49 CFR 1.241) by motor vehicle, over regular routes, on the rail lines of the Chicago, Mil- governing notice transporting: General commodities (ex- of filing of applications waukee, St. Paul and Pacific Railroad by motor carrier of property cept those of unusual value, Classes A or passen- Company. (2) Between Milwaukee, Wis. gers or brokers under and B explosives, livestock, household sections 206, 209, and Green Bay, Wis.; from Milwaukee and 211 of goods as defined by the Commission, com- the Interstate Commerce Act over Wisconsin Highway 57 and certain other proceedings modities in bulk, and those requiring to Green with re- Bay, and return over the same route, spect thereto. special equipment), between Cincinnati, serving all intermediate points which All hearings and pre-hearing Ohio and Junction Indiana Highway 13 are confer- stations on the rail lines of the Chicago, ences will be called at 9:30 o'clock a.m., and U.S. Highway 131 at the Indiana- Michigan State line; from Milwaukee, St. Paul and Pacific Rail- United States standard time (or 9:30 Cincinnati over U.S. Highway 27 to road Company, and the off-route points o'clock a.m., local daylight Fort Wayne, saving time, thence over U.S. Highway 33 to junction of Random Lake, Adell, Waldo and Hay- if that time is observed), unless other- of U.S. Highway 33 and Indiana High- ton, Wis. RESTRICTIONS: The serv- wise specified. way 13, thence over Indiana Highway 13 ice to be performed shall be limited to Wednesday, August 9, 1961 FEDERAL REGISTER 7169 service which is auxiliary to, or supple- for operating convenience only. RE- issue of July 26, 1961, and republished mental of rail service of the Chicago, STRICTIONS: The service to be per- as corrected this issue. Applicant: Milwaukee, St. Paul and Pacific Railroad formed shall be limited to service which CROUCH BROS., INC., Transport Build- Company, hereinafter called the Rail- is auxiliary to, or supplemental of rail ing, St. Joseph, Mo. Applicants at- road. Carrier shall not serve any points service of the Chicago, Milwaukee, St. torney: Clarence D. Todd, 1825 Jefferson not stations on the rail lines of the Rail- Paul and Pacific Railroad Company, Place NW., Wathington 6, D.C. Route road, except as otherwise authorized. hereinafter called the Railroad. Car- (3) of the subject application as pre- That under the authority sought in (1) rier shall not serve any points not sta- viously published in the FEDERAL REGIS- above, no shipment shall be transported tions on the rail lines of the Railroad, TER omitted reference to U.S. Highway by carrier between the following points, except as otherwise authorized. No 52 in the first portion of. the route de- or through, or to, or from more than shipments shall be transported by said scription in that section. Correctly one of said points: Portage, La Crosse carrier as a common carrier by motor stated, the portion referred to should and Milwaukee, Wis. That under the vehicle over the routes proposed above read "from Chicago over U.S. Highway authority sought in (2) above, no ship- or any presently authorized routes be- 66 to junction U.S. Highway 52, thence ment shall be transported by carrier be- tween any of the following points, or over U.S. Highway 52 to junction U.S. tween any of the following points, or through, or to, or from more than one Highway 51 * * *" through, or to, or from more than one of said points: Milwaukee, Portage and HEARING: Remains as assigned Sep- of said points: Milwaukee, Green Bay, La Crosse, Wis. Such further specific tember 25, 1961, at the Park East Hotel, Wis. and Channing, Mich. Such fur- conditions as the Commission, in the fu- Kansas City, Mo., before Examiner Ray- ther specific conditions as the Commis- ture, may find it necessary to impose in mond V. Sar. sion, in the future, may find necessary order to restrict carrier's operations to No. MC 38170 (Sub No. 20), filed June to impose in order to restrict carrier's service which is auxiliary to, or supple- 15, 1961. Applicant: WHITE STAR operations to service which is' auxiliary mental of, rail service of the Railroad. TRUCKING, INC., 1750 Southfield, Lin- to, or supplemental of, rail service of the NOTE: Applicant states the purpose of coln Park, Mich. Applicant's attorney: Railroad. route (2) above is to by-pass a bridge re- Wilhelmina Boersma, 2850 Penobscot Norz: (1) Applicant states the purpose of stricted to 10 ton limit located on Wis- Building, Detroit 26, Mich. Authority this application is to remove the key point consin Highway 34 between Dancy and sought to operate as a common carrier, at Plymouth, Wis. and at Madison, Wis. Knowlton, Wis: (2) Applicant states it is a by motor vehicle, over irregular routes, Such key points have already been removed wholly-owned subsidiary of the Chicago, transporting: General commodities (ex- St. Paul and Pacific Railroad in the carrier's intrastate certificate and in Milwaukee, cept those of unusual value, Classes A order to effect certain economies, it is neces- Company. sary that they be removed in the int erstate and B explosives, household goods as certificates of the carriers. (2) Applicant HEARING: October 23, 1961, at the defined in Practices of Motor Common further states it is a wholly-owned subsidiary Wisconsin Public Service Commission, Carriers of Household Goods, 17 M.C.C. of the Chicago, Milwaukee, St. Paul and Madison, Wisconsin, before Joint Board 467, commodities in bulk, and those re- Pacific Railroad Company. No. 96. quiring special equipment); between No. MC 21571 (Sub-No. 24), filed Detroit, Flint, Pontiac, HEARING: October 23, 1961, at the Flat Rock, Mon- July 27, 1961. Applicant: SCHERER roe, Gibralter, and Willow Run, Mich., Wisconsin Public Service Commission, FREIGHT LINES, INC., Madison, Wisconsin, before Joint Board 424 West Madi- and points located on U.S. Highway 10 Ottawa, Ill. APplicant's at- No. 96. son Street, between Detroit and Pontiac, Mich.; torney: Carl L. Steiner, 39 South La- No. MC 19778 (Sub-No. 45), filed July those in that part of Wayne, Oakland, Salle Street, Chicago 3, Ill. Authority and Macomb Counties, Mich., within 3, 1961. Applicant: THE MILWAU- KEE MOTOR TRANSPORTATION sought to operate as a common carrier, eight (8) miles of Detroit, Mich.; the site COMPANY, a Corporation, 516 West by motor vehicle, over irregular routes, of plants of Packard Motor Car Company Jackson Boulevard, transporting: Sand, from points in La- north of Utica, Mich. and of Chrysler Chicago 6, Ill. Ap- Salle County, plicant's attorney: Robert F. Munsell Ill., to points in Ken- Corporation north of Detroit, Mich., and (same address as applicant). Authority tucky, Iowa, Minnesota, Missouri, Ohio, west of Michigan Highway 53; the site sought to operate as a common carrier, Indiana, and Wisconsin. of Ford Motor Company plant located by motor vehicle, over regular routes, NoTz: Applicant holds contract author- at the northeast intersection of Mound transporting: General commodities (ex- ity under MC 115738, therefore, dual opera- Road and 17 Mile Road in Sterling cept household goods as defined by the tions may be involved. Township, Macomb County, Mich.; the Commission), (1) between New Lisbon, HEARING: October 5, 1961, at the site of the Ford Motor Company plant Wis. and Woodruff, Wis.; from New Lis- Midland Hotel, Chicago, Ill., before located at the intersection of Michigan Highway bon over Wisconsin Highway 80 to its Examiner Isadore Preidson. 218 (Wixon Road) and unnum- junction with Wisconsin Highway 54, No. MC 25798 (Sub-No. 47), filed bered highway (West Lake Drive) north thence over Wisconsin Highway 54 to July 1, 1961. Applicant: CLAY HYDER of U.S. Highway 16 in Novi Township, junction Wisconsin Highway 34, thence TRUCKING LINES, INC., Chimney Oakland County, Mich.; and the site over Wisconsin Highway 34 to its Junc- Rock Highway, P.O. Box 1290, Hender- of Kelsey-Hayes Company plant located tion with U.S. Highway 51 near Knowl- sonville, N.C. Applicant's attorney: at the intersection of North Line Road ton, Wis., thence over U.S.. Highway 51 Thomas F. Kilroy, Suite 610, 1000 Con- and Huron River Drive, Romulus Town- to Woodruff, and return over the same necticut Avenue NW., Washington 6, ship, Wayne County, Mich., on the one route, serving all intermediate points D.C. Authority sought to operate as a hand, and, on the other, points in that which are stations on the Chicago, Mil- common carrier, by motor vehicle, over part of Ohio east and north of a line waukee, St. Paul and Pacific Railroad, irregular routes, transporting: Citrus beginning at the Ohio-Michigan State and the off-route points of Brokaw products, not canned and not frozen, Line and extending along U.S. Highway Heights, Otis, and Harshaw, Wis. (2) from Orlando, Fla., to points in South 25 to Findlay, Ohio; thence along U.S. Between Wisconsin Rapids, Wis. and Carolina subject to the restriction that Highway 68 to Williamstown, Ohio; Knowlton, Wis.; from Wisconsin Rapids service at South Carolina points is thence along U.S. Highway 30N to Mans- over Wisconsin Highway 54 to its limited to the delivery of part of a ship- field, Ohio and thence along U.S. High- junction with U.S. Highway 51 (at ment, the ultimat-i destination of which way 30 to the Ohio-West Virginia State Plover, Wis.), thenice over U.S. Highway is to an already authorized point in Mas- line, including p6ints on the indicated 51 to Knowlton, Wis., and return over sachusetts, Connecticut, Rhode Island, portions of the highways specified. the same route, serving no intermediate New York, New Jersey, Pennsylvania, NOTE: Applicant states it presently holds points, as an alternate route for con- Delaware, Maryland, Virginia, and the authority to provide service between all of venience only. (3) Between Wisconsin District of Columbia. the above points and territory over irregular Dells, Wis. and Wisconsin Rapids, Wis.; HEARING: September 12, 1961, at routes in truckload quantities and also has authority to transport truckload and less from Wisconsin Dells over Wisconsin the U.S. Court Rooms, Columbia, S.C., Highway 13 to Wisconsin Rapids, and re- than truckload shipments between numerous before Joint Board No. 354. points in the described territory over its turn over the Same route, serving no in- No. MC 26739 (Sub-No. 28), (COR- many regular routes. This application is termediate points, as an alternate route RECTION), filed May 3, 1961, published being filed to enable applicant to provide in 7170 NOTICES addition to the above presently authorized Railroad of traffic moving as Trailer-on-Flat- HEARING: October 30, 1961, at the service a less truckload service between all Car on rail bill of lading which originates New Post Office Building, Columbus, points in the territory it is authorized to or terminates at points which are stations Ohio, before Joint Board No. 117. serve, thus enabling applicant a complete of Green Bay and Western Railroad Company No. MC 76032 (Sub No. 162), filed June and Kewaunee, Green Bay and Western Rail- service for all shippers in its presently au- 12, 1961. Applicant: NAVAJO FREIGHT thorized territory. road Company. Common control may be involved. LINES, INC., 1205 South Platte River . HEARING: October 18, 1961, at Room Drive, Denver 23, Colo. Applicant's at- 214, Federal Building, Lansing, Michi- HEARING: October 27, 1961, at the torney: 0. Russell.Jones, Bokum Build- gan, before Joint Board No. 57. Wisconsin Public Service Commission, ing, 142 West Palace Avenue, Santa Fe, No. MC 41347 (Sub-No. 3), filed July Madison, Wis., before Joint Board No. 96. N. Mex. Authority sought to operate as 10, 1961. Applicant: DE BACK CART- No. MC 70451 (Sub No. 226), filed a common carrier, by motor vehicle, AGE COMPANY, INC., 4841 West Burn- January 30, 1961. Applicant: WATSON over regular routes, transporting: Gen- ham Street, Milwaukee 19, Wis. Ap- BROS. TRANSPORTATION CO., INC., eral commodities (except Classes A and plicant's attorney: William C. Dineen, 1910 Harney Street, Omaha, Nebr. Ap- B explosives, heavy machinery, livestock, 746 Empire Building, 710 North Plank- plicant's attorney: Carl A. Steiner, 39 fresh fish, coal, ore, sand, gravel, and inton Avenue, Milwaukee 3, Wis. Au- South La Salle Street, Chicago 3, Ill. household goods as defined by the Com- thority sought to operate as a contract Authority sought to operate as a com- mission), (1) between Chicago, Ill., and carrier, by motor vehicle, over irregular mon carrier, by motor vehicle, over reg- Kansas City, Mo., from Chicago over routes, transporting: Bridge railings, ular routes, transporting: General com- U.S. Highway 66 (Interstate Highway from Milwaukee, Wis., to points in Il- modities, including Classes A and B 55) to Springfield, Ill., thence over U.S. linois, and damaged and rejected ship- explosives, and shipper-owned com- Highway 54 to junction U.S. Highway 40 ments, on return. pressed gas trailers (excluding articles, at or near Kingdom City, Mo., thence NOTE: Applicant states the proposed op- which because of size or weight require over U.S. Highway 40 to Kansas City, eration will be under a continuing con- special equipment, and household goods and return over the. same route, serving tract with RTC Milwaukee Iron Works, Mil- as defined by the Commission), serving no intermediate points, as an alternate waukee, Wis. military missile testing and launching route for operating convenience only in HEARING: October 27, 1961, at the sites, and supply points therefor, located connection with applicant's authorized Wisconsin Public Service Commission, in Reno, Sumner, Cowley, Jefferson, Cof- regular route operations between Chi- Madison, Wis., before Joint Board No. 13. fey, Kingman, Sedgwick, Butler, Jack- cago, Ill., and Kansas City, Mo.; and (2) No. MC 42487 (Sub-No. 512), filed July son, Douglas, Osage, Lyon, Wabaunsee, -between junction U.S. Highways 24 and 24, 1961. Applicant: CONSOLIDATED Pottawatomie, Dickinson, Ellsworth, 36 at or near Monroe City, Mo., and FREIGHTWAYS CORPORATION OF Ottawa, Marion, McPherson, Lincoln, Kansas City, Mo., over U.S. Highway 24, DELAWARE, 175 Linfield Drive, Menlo Cloud and Rice Counties, Kans.; Saun- serving no intermediate points, but serv- Park, Calif. Applicant's attorney: Eu- ders, Washington Gage, Saline, Seward, ing junction U.S. Highways 24 and 36 gene T. Liipfert, 801 National Garage Otoe, Johnson, York, Butler and Cass for joinder purposes only, as an alter- Building, 1616 H Street NW., Washing- Counties, Nebr.; and points in Harrison nate route for operating convenience ton 6, D.C. Authority sought to operate and Pottawatomie Counties, Iowa, as off- only in connection with applicant's au- as a common carrier, by motor vehicle, route points in connection with ap- thorized regular route operations be- over irregular routes, transporting: plicant's authorized regular-route opera- tween Chicago, Ill., and Kansas City, Mo. Brandy, in bulk, in tank vehicles, from tions. NOTE: Common control may be involved. HEARING: October 4, 1961, at the points in California to New Brunswick, HEARING: September 26, 1961, at the N.J. Hotel Pick-Kansan, Topeka, Kans., be- fore Joint Board No. 139, or, if the Joint Park East Hotel, Kansas City, Mo., be- NOTE: Common control may be involved. Board waives its right to participate, be- fore Examiner Leo A. Riegel. HEARING: September 29, 1961, at the fore Examiner Raymond V. Sar. No. MC 94430 (Sub No. 18), filed June Offices of the Interstate Commerce Com- No. MC 72140 (Sub No. 43), filed June 20, 1961. Applicant: WEISS TRUCK- mission, Washington, D.C., before Ex- 23, 1961. Applicant: SHIPPERS DIS- ING COMPANY, INC., Mongo, Ind. aminer Francis A. Welch. PATCH, INC., 1216 West Sample Street, Applicant's attorney: Herbert Baker, 50 No. MC 58273 (Sub-No. 4), filed July South Bend, Ind. Applicant's attorney: West Broad Street, Columbus 15, Ohio. 5, 1961. Applicant: GREEN BAY AND Ferdinand Born, 1017-19 Chamber of Authority sought to operate as a com- WESTERN RAILROAD COMPANY, a Commerce Building, Indianapolis 4, Ind. mon carrier, by motor vehicle, over ir- corporation, Station A, P.O. Box 1307, Authority sought to operate as a com- regular routes, transporting: (1) Ce- Green Bay, Wis. Applicant's attorney: mon carrier,by motor vehicle, over regu- ment, from points in Lucas County, Ohio John T. Porter, 708 First National Bank lar routes, transporting: General com- to points in Rush, Fayette, Union, John- Building, Madison 3, Wis. Authority to modities (except those of unusual value, son, and Shelby Counties, Ind.; and (2) operate as a common carrier, by motor Classes A and B explosives, household empty containersor other such incidental. vehicle, over regular routes, transport- goods as defined in Practices of Motor facilities (not specified) used in trans- ing: General commodities, between the Common Carriers of Household Goods, porting the commodity specified in this Neenah-Menasha, Wis. station of the 17 M.C.C. 467, commodities in bulk, and application, and damaged, rejected, and Soo Line Railroad, on the one hand, and, those requiring special equipment), (1) refused shipments of cement, from points on the other, the Green Bay, New Lon- Serving West -Unity, Ohio, as an off- in Rush, Fayette, Union, Johnson, and don and Black Creek, Wis. stations of route point in connection with appli- Shelby Counties, Ind., to points in Lucas applicant; (1) from Neenah-Menasha cant's authorized regular route opera- County, Ohio. over U.S. Highway 41 to Green Bay, and tions between Fort Wayne, Ind., and HEARING: November 1, 1961, at the return over the same route, serving no Detroit, Mich., as authorized in Certifi- New Post Office Building, Columbus, intermediate points; (2) from Neenah- cate No. MC 72140; (2) Between West Ohio, before Joint Board No. 60. Menasha over U.S. Highway 41 to junc- Unity, Ohio and junction U.S. Highways No. MC 97629 (Sub No. 4) (RE- tion Wisconsin Highway 76, thence over 20 and 127, over U.S. Highway 127, serv- ASSIGNMENT OF HEARING DATE), Wisconsin Highway 76 to its south junc- ing no intermediate points, but serving filed March 3, 1961, published in the FED- tion with U.S. Highway 45, and thence U.S. Highway 20 as a point of joinder ERAL REGISTER, issue of July 26, 1961. over U.S. Highway 45 to New London, only; and (3) Between West Unity, Ohio Applicant: HILLER TRUCK LINES, and return over the same route, serving and junction Alternate U.S. Highway 20 INC., P.O. Box 1012, Jasper, Ala. Appli- no intermediate points; and (3) from and U.S. Highway 20, over Alternate U.S. cant's attorney: Maurice F. Bishop, 325- Neenah-Menasha over U.S. Highway 41 Highway 20, serving no intermediate 29 Frank Nelson Building, Birmingham 3, Ala. Notice of the filing of the subject to junction Wisconsin Highway 47, and points, but serving U.S. Highway 20 as a point of joinder only. application setting forth with particu- thence over Wisconsin Highway 47 to larity the authority sought was published Black Creek, and return over the same NOTE: Applicant states it is authorized to serve between Elkhart, Ind., and Toledo, in the FEDERAL REGISTEh, issue of July route serving no intermediate points. Ohio, over U.S. Highway 20, with no service 26, 1961, and assigned the application for NOTE: Applicant states service proposed is to intermediate points, as authorized in hearing October 2, 1961. The application to be limited to interchange with Soo Line Certificate No. MC 72140. has been reassigned for hearing on Sep- Wednesday, August 9, 1961 FEDERAL REGISTER 7171 tember 11, 1961, and remains as assigned irregular routes, transporting: Paving Doty Street, Madison 3, Wis. Authority at the Federal Building, Jasper, Ala., compounds, in bulk, in tank vehicles, sought to operate as a common carrier, before Examiner Dallas B. Russell.. from Whippany, N.J., to points in Ala- by motor vehicle, over irregular routes, No. MC 103993 (Sub No. 150), filed bama, Connecticut, Delaware, Florida, transporting: Salt, in bags, packages June 14, 1961. Applicant: MORGAN Georgia, Illinois, Indiana, Iowa, Kansas, and blocks, palletized and unpalletized, DRIVE-AWAY, INC., 500 Equity Build- Kentucky, Louisiana, Maine, Maryland, from Duluth, Minn. and Superior, Wis., ing, Elkhart, Ind. Applicant's attorney: Massachusetts, Michigan, Minnesota, to points in Minnesota, North Dakota, John E. Lesow, 3737 North Meridian Mississippi, Missouri, New Hampshire, South Dakota, Wisconsin, and the Upper Sreet, Indianapolis 8, Ind. Authority New Jersey, New York, North Carolina, Peninsula of Michigan, and pallets used sought to operate as a common carrier, Ohio, Pennsylvania, Rhode Island, South in outbound movement and rejected and by motor vehicle, over irregular routes, Carolina, Tennessee, Vermont, Virginia, returned shipments of salt, on return. transporting: Trailers designed to be West Virginia, Wisconsin, and the Dis- HEARING: October 3, 1961, in Room drawn by passenger automobiles, in trict of Columbia. 393, Federal Building and Court House, initial movements, in truckaway service, NOTE: Applidant holds contract authority 110 South Fouith Street, Minneapolis, from points in Illinois (except Chicago, under MC 117637 and Subs thereunder, Minn., before Examiner Samuel C. Galva, Dixon, Memence, and Aurora) to therefore, dual operations may be involved. Shoup. points in the United States (except No. MC 109708 (Sub-No. 13) (AMEND- Hawaii). HEARING: October 2, 1961, at the MENT), filed June 16, 1961, published HEARING: September 21, 1961, at the Offices of the Interstate Commerce issue of July 8, 1961, and republished Mark Twain Hotel, St. Louis, Mo., before Commission, Washington, D.C., before this issue. Applicant: ERVIN J. Examiner Raymond V. Sar. Examiner Dallas B. Russell. KRAMER, doing business as MARY- No. MC 105886 (Sub No. 4), filed June No. MC 107403 (Sub-No. 349), filed LAND TANK TRANSPORTATION CO., 16, 1961. Applicant: MARTIN TRUCK- July 28, 1961. Applicant' E. BROOKE 4524 Reisterstown Road, Baltimore, Md. ING, INC., East Poland Avenue, Besse- MATLACK, INC., 33d and Arch Streets, Applicant's attorney: Wilmer B. Hill, mer, Pa. Applicant's attorney: Henry Philadelphia 4, Pa. Applicant's attor- Transportation Building, Washington, M. Wick, Jr., 1515 Park Building, Pitts- neys: Shertz, Barnes, and Shertz, Suite D.C. Authority sought to operate as a burgh 22, Pa. Authority sought to oper- 601, 226 S. 16th Street, Philadelphia 2, common carrier,by motor vehicle, over ate as a common carrier, by motor ve- Pa. Authority sought to operate as a irregular routes, transporting: Vinegar hicle, over irregular routes, transporting: common carrier, by motor vehicle, over and vinegar stock, in bulk, In tank ve- Cement, in bulk, in packages, from irregular routes, transporting: Flour, in hicles, from Timberville, Waynesboro, Bessemer, Pa., to points in that part of bulk, (1) from points in Allegheny and Winchester, Va., and Martinsburg, West Virginia on and north of U.S. High- County, Pa., to points in Allegany and W. Va., to points in Alabama, Florida way 33, and to points in Portage County, Garrett Counties, Md., Belmont, Carroll, and Georgia. Ohio, and empty containers, on return. Columbiana, Harrison, Jefferson, Maho- ning, Monroe, Trumbull, and NOTE: The purpose of this amendment is HEARING: November 2, 1961, at the Washing- to broaden the territory to be served. New Post Office Building, Columbus, ton Counties, Ohio and points in West Ohio, before Joint Board No. 59. Virginia, and (2) from Norristown, Pa., HEARING: Remains as assigned, No. MC 107002 (Sub-No. 166), filed t6 points in Delaware (except Wilming- September 8, 1961, at the Offices of the July 31, 1961. Applicant: W. M. CHAM- ton), Carolina, Cecil, Dorchester, Kent, Interstate Commerce Commission, BERS TRUCK LINE, INC., 920 Louisi- Queen Annes, Somerset, Talbot, Wicom- Washington, D.C., before Examiner- ana Boulevard, P.O. Box 547, Kenner, ico and Worcester Counties, Md., and Garland E. Taylor. La. Authority sought to operate as a points in Accomack and Northampton No. MC 110420 (Sub No. 283) (SEC- common carrier, by motor vehicle, over Counties, Va. OND CORRECTION), filed May 4, 1961, irregular routes, transporting: Liquefied NOTE: Common control may be involved. published issue of July 6, 1961, repub- petroleum gases, In bulk, in tank vehi- lished as corrected this issue. Applicant: HEARING: cles, from terminals of the Dixie Pipe October 3, 1961, at the QUALITY CARRIERS, INC., Calumet Offices Line Company's Pipe Line in Alabama of the Interstate Commerce Com- Street, Burlington, Wis. Applicant's mission, to points in Mississippi, Alabama, Flor- Washington, D.C., before Ex- attorney: Paul F. Sullivan, Sundial ida, Georgia and aminer Armin G. Clement. House, 1821 Jefferson Place NW., Wash- Tennessee. No. MC 108106 HEARING: September 11, 1961, at 680 (Sub-No. 10), filed July ington 6, D.C. Notice of the filing of West Peachtree St., N.W., Atlanta, Ga., 26, 1961. Applicant: ARMELLINI EX- the subject application was republished PRESS LINES, a Corporation, Oak before Examiner C. and in the FEDERAL REGISTER, issue of July 26, Evans Brooks. Brewster Roads, Vineland, N.J. Appli- No. MC 107107 (Sub-No. 177), filed 1961, to correct an omission and add a cant's attorney: Irving Abrams, 1776 phrase "in bulk, in tank vehicles," to July 27, 1961. Applicant: ALTERMAN Broadway, New York TRANSPORT 19, N.Y. Author- correctly describe the proposed opera- LINES, INC., P.O. Box 65 ity sought to operate as a common car- Allapattah Station, Miami 42, Fla. Ap- tions. The hearing information appended rier, by motor vehicle, over irregular to that publication indicated that the plicant's attorneys: Daniel B. Johnson routes, transporting: Baskets, boxes, and Frank B. Hand, Transportation Hearing remains as assigned September crates and hampers, used in packing and 3, 1961, in error. The application is Building, Washington 6, D.C. Authority shipping fruits and vegetables, (1) from sought assigned for hearing on the thirteenth to operate as a common carrier, Murfreesboro, N.C., to Fort Valley, Ga., by motor vehicle, over irregular routes, day of September, 1961, at the Midland points within 75 miles of FortValley, Ga., Hotel, Chicago, Ill., before Examiner transporting: (1) Plastic pipe and tub- and points in Florida (except those ing, (2) fittings therefore, and (3) bond- William N. Culbertson. within 50 miles of Delray Beach, Fla., in- No. MC 110525 (Sub-No. 453), filed ing cement, in containers, from High cluding Delray Beach), and (2) from Springs, Fla. to points in Delaware, New July 28, 1961. Applicant: CHEMICAL Portsmouth, Va., to Fort Valley, Ga., TANK LINES, INC., 520 East Lancaster Jersey, New York, Pennsylvania, Mary- points within 75 miles of Fort Valley, land, Virginia, and the District of Avenue, Downingtown, Pa. Applicant's Ga., and points in Florida, and rejected, attorney: Leonard A. Jaskiewicz, Mun- Columbia. refused, returned and damaged ship- sey Building, Washington 4, D.C. Au- HEARING: October 3, 1961, at the ments of the above commodities, in con- Offices of the Interstate Commerce thority sought to operate as a common nection with routes (1) and (2) above, carrier, by motor vehicle, over irregular Commission, Washington, D.C., before on return. Examiner Harold P. Boss. routes, transporting: Chemicals and HEARING: September 29, 1961, at the cleaning compounds, in bulk, from Fer- No. MC 107403 (Sub-No. 348), filed Offices of the Interstate Commerce Com- nald, Ohio, to points in Illinois, Indiana, July 27, 1961. Applicant: E. BROOKE mission, Washington, D.C., before Exam- Michigan, MATLACK, INC., 33rd and Arch Streets, iner Alfred B. Hurley. Wisconsin, St. Paul, Minn., Philadelphia 4, Pa. Applicant's attor- No. MC 108449 (Sub-No. 126), filed and Vandalia, Mo., and rejected ship- iieys: . Shertz, Barnes and Shertz, Suite July 28, 1961. Applicant: INDIANHEAD ments of the above-specified commodi- 601, 226 South 16th Street Philadelphia TRUCK LINE, INC., 1947 West County ties, on return. 2, Pa. Authority sought to operate as a Road C, St. Paul 13, Minn. Applicant's Norz: Applicant holds contract authority common carrier, by motor vehicle, over attorney: Glenn W. Stephens, 121 West in MC 117507, therefore, dual operations may 7172 NOTICES be involved. Common control may be County, Mich., on the one hand, and, on " HEARING: September 14, 1961, at involved. the other, the boundary of the United the Arkansas Commerce Commission, HEARING: October 4, 1961, at the States and Canada at Detroit, Mich. Justice Building, State Capitol, Little Offices of the Interstate Commerce Com- HEARING: October 16, 1961, at 1:00 Rock, Ark., before Examiner Henry A. mission, Washington, D.C., before Exam- o'clock p.m., United States standard Cockrum. iner James I. Carr. time (or 1:00 o'clock p.m., local daylight No. MC 114123 (Sub-No. 24) (AMEND- No. MC 110698 (S ub-No. 159) saving time, if that time Is observed), MENT), filed June 15, 1961, published (AMENDMENT), filed June 16, 1961, in Room 214, Federal Building, Lansing, issue July 26, 1961, and republished as published issue of July 26, 1961, repub- Mich., before Joint Board No. 163. amended, this issue. Applicant: HER- lished as amended this issue. Applicant: No. MC 113410 (Sub-No. 30), filed MAN R. EWELL, INC., East Earl (Lan- RYDER TANK LINE, INC., P.O. Box July 31, 1961. Applicant: DAHLEN caster County), Pa. Applicant's at- 457, Greensboro, N.C. Applicant's at- TRANSPORT INC., 875 North Prior torney: Andrew Wilson Green, 222 North torney: Frank B. Hand, Jr., Transporta- Avenue, St. Paul 4, Minn. Applicant's Third Street, Harrisburg, Pa. Au- tion Building, Washington, D.C. Au- attorney: Leonard A. Jaskiewicz, Munsey thority sought to operate as a common thority soughl to operate as a common. Building, Washington 4, D.C. Authority carrier, by motor vehicle, over irregular carrier, by motor vehicle, over irregular sought to operate as a common carrier, routes, transporting: Liquid and invert routes, transporting: Transformer oil, in by motor vehicle, over irregular routes, sugar, corn syrup, and mixtures of liquid bulk, in tank vehicles, from Charleston, transporting: Liquefied petroleum gas, in and invert sugar and corn syrup, in bulk, S.C., and points in New Jersey, Penn- bulk, in tank vehicles, from the pipeline in tank vehicles, from New York City, sylvania, and Texas to Rome, Ga. terminals of the Mid-America Pipeline- N.Y. (including Yonkers) and Bayonne, Co., located in Iowa (other than Sanborn N.J., to the District of Columbia and NOTE: The purpose of this republication is and Iowa City) to points in Minnesota, Virginiar to add Charleston, S.C., as an origin point. South Dakota, Nebraska, and Wisconsin NOTE: Fresh milk and cream (as exempt HEARING: Remains as assigned, Sep- and rejected shipments of the above-' agricultural commodities), on return. Ap- tember 21, 1961, at 680 West Peachtree specified commodity, on return. plicant is also authorized to conduct opera- Street NW., Atlanta, Ga., before Ex- NoTE: Common control may be Involved. tions as a contract carrier in Permit No. MC 118661 and subs thereunder, therefore aminer Dallas B. Russell. HEARING: September 20, 1961, at the No. MC 111310 (Sub-No. 1), filed July dual operations may be involved. Dupli- Old Federal Office Building, Room 401, cating authority to be eliminated. As 3, 1961. Applicant: BEER TRANSIT, Fifth and Court Avenues, Des Moines, originally filed service was not proposed to INC., RFD No. 1, Hartland, Wis. Au- Iowa, before Examiner Warren C. White. Alexandria, Va. thority sought to operate as a common No. MC 113855 (Sub-No. 56), filed carrier, by motor vehicle, over irregular HEARING: Remains as assigned Sep- July 31, 1961. Applicant: INTERNA- tember 7, 1961, at the Offices of routes, transporting: Cases of beer, con- TIONAL TRANSPORT, INC., Highway tainersof beer, keg beer, and empty beer the Interstate Commerce Commission, 52 South, Rochester, Minn. Applicant's Washington, D.C., before Examiner containers, and kegs, (1) between Meno- attorney: Franklin J. Van Osdel, First monie, Wis. and Milwaukee and Hart- Abraham J. Essrick. National Bank Building, Fargo, N. Dak. No. MC 114787 (Sub No. 1), filed June land, Wis., (2) between Milwaukee and Authority sought to operate as a com- Hartland, Wis. and St. Paul, Minn., and 29, 1959. Applicant: PACIFIC INLAND mon carrier, by motor vehicle, over Ir- EXPRESS LTD., P.O. Box 2004, Vancou- (3) between Menomonie, and Tomah, regular routes, transporting: Cement Wis. ver, British Columbia, Canada. Author- conduit pipe, with asbestos fibre, and ity sought to operate as a common HEARING: October 25, 1961, at the fittings and bonding mortar for cement Wisconsin Public Service Commission, carrier, by motor vehicle, over regular conduit pipe, when transported with routes, transporting: General commodi- Madison, Wis., before Joint Board No. said pipe, from St. Louis, Mo. and points 142. ties, including commodities requiring within 5 miles thereof, to points in Mon- special equipment, but excluding com- No. MC 112030 (Sub No. 10), filed June tana, Idaho and Wyoming. 23, 1961. Applicant: PAUL W. WILLS, modities of unusual value, Class A and B HEARING: October 3, 1961, at the explosives, household goods as defined INC., 9107 South Telegraph, Taylor, Offices of the Interstate Commerce Com- Mich. Authority sought to operate as a by the Commission, and commodities in mission, Washington, D.C., before Exam- bulk, (A) Between Chicago, Ill., and common carrier, by motor vehicle, over iner C. Evans Brooks. irregular routes, transporting: Salt in Duluth, Minn., (1) from Chicago over bags and other containers, in dump No. MC 113855 (Sub-No. 57), filed U.S. Highway 14 to Madison, Wis., equipment, when moving in mixed ship- July 31, 1961. Applicant: INTERNA- thence over U.S. Highway 12 to Eau ments with salt in bulk, from Detroit, TIONAL TRANSPORT, INC., Highway Claire, Wis., thence over U.S. Highway 53 Mich. to points in Ohio. 52 South, Rochester, Minn. Applicant's to Duluth, and (2) from Chicago over attorney: Franklin J. Van Osdel, First U.S. Highway 14 to Madison, thence over NOTE: Applicant states that it already National Bank Building, Fargo, N. Dak. has authority to transport salt in bulk from U.S. Highway 12 to Minneapolis-St. Detroit, Mich., to Ohio, and by this appli- Authority sought to operate as a com- Paul, Minn., thence over U.S. Highway cation seeks authority to handle packaged mon carrier, by motor vehicle, over ir- 61 to Duluth, and return over the same salt in mixed shipments with the bulk salt. regular routes, transporting: Iron and routes, serving no intermediate points; steel articles, from Bartonville, Ill., and (B) Between Duluth, Minn., and the HEARING: October 17, 1961, at Room Crawfordsville, Ind., to points in Mon- International Boundary line between 214, Federal Building, Lansing, Mich., tana, Wyoming, and Idaho. No. 57. the United States and Canada at or near before Joint Board HEARING: October 5, 1961, at the Noyes, Minn., (1) from Duluth over U.S. 3), filed July No. MC 112991 (Sub-No. Offices of the Interstate Commerce Com- Highway 2 to Crookston, Minn., thence 21, 1961. Applicant: MERRIFIELD mission, Washington, D.C., before Exam- over U.S. Highway 75 to port of entry TRANSPORT COMPANY, LIMITED, iner William J. Cave. on the International Boundary line be- 458 Josephine Avenue, Windsor, Ontario, No. MC 114004 (Sub-No. 39), filed tween the United States and Canada at Canada. Applicant's attorney: Eugene August 2, 1961. Applicant: CHANDLER or near Noyes, (2) from Duluth over U.S. C. Ewald, Guardian Building, Detroit 26, TRAILER CONVOY, INC., 8828 New Highway 210 to Motley, Minn., thence Mich. Authority sought to operate as a Benton Highway, Little Rock, Ark. Au- over U.S. Highway 10 to Detroit Lakes, common carrier, by motor vehicle, over Minn., thence over U.S. Highway 59 to irregular routes, transporting: General thority sought to operate as a common carrier, by motor vehicle, over irregular Erskine, Minn., thence over U.S. High- commodities (except those of unusual value, Classes A and B explosives, house- routes, transporting: Trailers designed way 2 to Crookston, Minn., thence over hold goods as defined by the Commis- to be drawn by passengers automobile in U.S. Highway 75 to port of entry on haul-away service in initial movement, the International Boundary line between sion, commodities in bulk, and com- from points in Crittington County, Ark., the United States and Canada at or near modities requiring special equipment), to points in the United States, including Noyes, (3) from Duluth over U.S. High- between the site of the Kelsey-Hayes Alaska, and empty containers or other way 210 to Motley, Minn., thence over Company plant located at the intersec- such incidental facilities (not specified) U.S. Highway 10 to Moorhead, Minn., tion of Northline Road and Huron River used in transporting the above-described thence over U.S. Highway 75 to port of Drive, Romulus Township, Wayne commodities, on return. entry on the International Boundary line Wednesday, August 9, 1961 FEDERAL REGISTER 7173 between the United States and Canada transporting: Liquefied petroleum gas, bulk, in tank vehicles, from Wyandotte, at or near Noyes, and (4) from Duluth in bulk, in tank vehicles, (1) from ter- Mich., to points in Ohio, and rejected over U.S. Highway 210 to Motley, Minn., minals of the Dixie Pipe Line Co. in shipments of liquid caustic, on return. thence over U.S. Highway 10 to Fargo, South Carolina, to points in North Caro- HEARING: October 31, 1961, at the N. Dak., thence over U.S. Highway 81 lina, and (2) from terminals on the New Post Office Building, Columbus, eastward to port of entry on the Inter- Dixie Pipe Line Co. In North Carolina, Ohio, before Joint Board No. 57. national Boundary line between the to points in North'Carolina, South Caro- No. MC 123192 (Sub-No. 1), filed July United States and Canada at or near lina, and Virginia. 7, 1961. Applicant: HAROLD SCHAK, Noyes, and return over the same routes, HEARING: September 11, 1961, at Tyler, Minn. Applicant's representative: serving no intermediate points; and (C) 680 West Peachtree Street NW., Atlanta, A. R. Fowler, 2288 University Avenue, Between Duluth, Minn., and the Inter- Ga., before Joint Board No. 196, or if St. Paul 14, Minn. Authority sought to national Boundary line between the the Joint Board waives its right to par- operate as a common carrier, by motor United States and Canada at or near ticipate before Examiner C. Evans vehicle, over irregular routes, transport- Portal, N. Dak., (1) from Duluth over Brooks. ing: Animal and poultry feed, from Sioux U.S. Highway 2 to Minot, N. Dak., thence No. MC 119449 (Sub-No. 2), (REPUB- City, Iowa to points in Lincoln County, over U.S. Highway 52 to port of entry on LICATION), filed May 3, 1961, published Minn., on and south of Minnesota High- the International Boundary line between FEDERAL REGISTER, issue of May 17, 1961, way 19, and to points in Shelburne and the United States and Canada at or near amended at hearing, republished as Coon'Creek Townships in Lyon County, Portal, (2) from Duluth over U.S. High- amended this issue. 'Applicant: AN- Minn. way 2 to Grand Forks, N. Dak., thence THONY H. SANTIAGO AND MARIO HEARING: September 26, 1961, in over U.S. Highway 81 to junction North CECCHINI, doing 'business as BISON Room 393, Federal Building and U.S. .Dakota Highway 5, thence over North CITY CARTAGE CO., 500 Niagara Fron- Court House, 110 South Fourth Street, Dakota Highway 5 westwardly to junc- tier Food Terminal, Buffalo 6, N.Y. Ap- Minneapolis, Minn., before Joint Broad tion U.S. Highway 52, thence over U.S. plicant's attorney: Thomas J. Runfola, No. 146. Highway 52 to port of entry on the Inter- 631 Niagara Street, Buffalo 1, N.Y.. As No. MC 123676; filed May 22, 1961. national Boundary line between the originally filed applicant sought author- Applicant: HORACE W. JOHNSON, United States and Canada at or near ity to operate as a common carrier, by RFD #1, Nevada, Mo. Applicant's at- Portal, (3) from Duluth over U.S. High- motor vehicle, over irregular routes, torney: Tom B. Kretsinger, Suite 1014-18 way 210 to Motley, Minn., thence over transporting: Meats, meat products and Temple Building, Kansas City 6, Mo. U.S. Highway 10 to Jamestown, N. Dak., packing-house products, from Buffalo, Authority sought to operate as a com- thence over U.S. Highway 52 to port of N.Y., to Oneida, New Haven, and Utica, mon carrier, by motor vehicle, over ir- entry on the International Boundary line N.Y., and empty containers or other such regular routes, transporting: Feed in- between the United States and Canada incidental facilities (not specified) used gredients and chicken grits, in bulk and at or near Portal, and (4) from Duluth in transporting the above-specified com- in bags, from Houston, Sabine Pass, and over U.S. Highway 210 to Motley, Minn., modities, on return. At the hearing held Texas City, Tex., and New Orleans, Em- thence over U.S. Highway 10 to Detroit June 29, 1961, at Buffalo, N.Y., Hearing pire, and Holmewood, La., to points in Lakes, Minn., thence over U.S. Highway Examiner Harold P. Boss, presiding, the New Mexico, Colorado, Wyoming, Okla- 59 to Erskine, Minn., thence over U.S. application was amended to change the homa, Kansas, Nebraska, South Dakota, Highway 2 to Minot, N. Dak., thence over destination point of New Haven, N.Y., North Dakota, Minnesota, Iowa, Mis- U.S. Highway 52 to port of entry on the to New Hartford, N.Y. A report and souri, Arkansas, Mississippi, Alabama, International Boundary line between the order served August 1, 1961, authorizes Georgia, Tennessee, North Carolina, Vir- United States and Canada at or near ginia, Kentucky, Ohio, Indiana, Illinois, Portal, and return over the same routes, transportation as follows: "Over Irregu- lar Routes, Meats, Wisconsin, and Michigan, and exempt serving no intermediate points. meat products and meat byproducts, and dairy products as commodities, on return. Nom: Applicant does not propose service described in sections A and B of appen- HEARING: September 25, 1961, at the to intermediate points on any of the above- dix I of the report in Descriptions in Park East Hotel, Kansas City, Mo., be- described routes. Motor Carrier Certificates, 61 M.C.C. fore Examiner Leo A. Riegel. HEARING: October 23, 1961, at the 209 and 61 M.C.C. 766, from Buffalo, N.Y., No. MC 123734, filed June 9, 1961. Ap- plicant: MASON COAL SALES, INC., Midland Hotel, Chicago, Ill., before to New Hartford, Oneida, and Utica, Examiner James C. Cheseldine. N.Y.", and provides that the issuance of 446 Cambridge Road, Coshocton, Ohio. No. MC 117025 (Sub-No. 10), filed a certificate authorizing the above- Applicant's attorney: James R. Stiver- July 27, 1961. Applicant: LE ROY described operations be withheld until son, 50 West Broad Street, Columbus, 15, Ohio. Authority sought to HILT, 3751 Sumner, Lincoln, Nebr. the elapse of 30 days from the date of operate as Applicant's attorney: J. Max Harding, this republication in the FEDERAL REGIs- a contract carrier,by motor vehicle, over I B M Building, 605 South 12th Street, TER in order to allow anyone who may Irregular routes, transporting: Coal; P.O. Box 2041, Lincoln 8, Nebr. Au- be adversely effected by the enlargement from Linton Township, Coshocton County, Ohio, to Erie Township, thority sought to operate as a common of the issues to petition for further hear- Monroe County, Mich., and empty containers or carrier,by motor vehicle, over irregular ing or other relief. other such incidental facilities, routes, transporting: Fats, lards, tallows, No. MC 119924 (Sub-No. 1), filed July used in greases, oils, and blends thereof, in bulk, 12, 1961. Applicant: EMERY RAHM, transporting the above-described com- modity, on return. in tank vehicles, (1) between points in Colby, Wis. Applicant's attorney: Ed- Nebraska, South Dakota,. North Dakota ward Solie, 715 First National Bank NoTE: Applicant states the proposed op- and Iowa, (2) from points in Nebraska, Building, 1 South Pinckney Street, Madi- eration will be under continuing contract South Dakota, North Dakota and Iowa with Mason & Sons Coal Co.. Inc., Coshoc- son 3, Wis. Authority sought to operate ton, Ohio. to Sioux City, Iowa, Omaha, Nebr., Ne- as a common carrier, by motor vehicle, braska City, Nebr. and Kansas City, over irregular routes, transporting: Mill HEARING: October 31, 1961, at the Kans. and (3) from points in North Da- feeds, oil meal, and bran, from Hastings New Post Office Building, Columbus, kota, Iowa, and Mitchell, S. Dak., to Kan- and Red Wing, Minn., to points in Clark, Ohio, before Joint Board No. 57. sas City, Kans., and rejected or contami- Taylor, and Wood Counties, Wis. No. MC 123834, filed July 25, 1961. Ap- nated shipments, on return. HEARING: October 24, 1961, at the plicant: J. T. NEWMAN, Meherrin, Va. HEARING: September 12, 1961, at the Wisconsin Public Service Commission, Applicant's attorney: John C. Goddin, Hotel Sheraton-Fontenelle, Omaha, Madison, Wis,., before Joint Board No. Insurance Building, 10 South Tenth Nebr., before Examiner Warren C. 142. Street, Richmond 19, Va. Authority White. No. MC 123190 (Sub No. 30), filed June sought to operate as a contract No. MC 118831 (Sub-No. 17), filed 8, 1961. Applicant: STILLPASS carrier, July 31, 1961. Applicant: CENTRAL TRANSIT COMPANY, INC., 4967 Spring by motor vehicle, over irregular routes, TRANSPORT, INCORPORATED, P.O. Grove Avenue, Cincinnati 32, Ohio. Au- transporting: Wooden mattress and sofa Box 5044, High Point, N.C. Authority thority sought to operate as a common frames, from Blackstone, Va. to Wash- sought to operate as a common carrier, carrier, by motor vehicle, over irregular ington, D.C., Baltimore, Md. and Phila- by motor vehicle, over irregular routes, routes, transporting: Liquid caustic, in delphia, Pa. 7174 NOTICES

HEARING: October 2, 1961, at the Madison, except for the purpose of Highway 49, nine miles north of Wiggins, Offices of the Interstate Commerce Com- joinder with other authorized routes). Miss., over Mississippi Highway 13, and mission, Washington, D.C., before Ex- No, MC 730 (Sub-No. 196), filed return over the same route, serving all aminer Warren C. White. July 28, 1961. Applicant: PACIFIC IN- intermediate points, (10) between Pren- No. MC 123841, filed July 27, 1961. TERMOUNTAIN EXPRESS CO.. a Cor- tiss, Miss., and junction Mississippi Applicant: DAVID TESONE, doing busi- poration, 1417 Clay Street, Oakland 4, Highway 42 and U.S. Highway 49, ap- ness as DAVID TESONE TRUCKING, Calif. Applicant's representative: Earl proximately ten miles north of Hatties- Box 35, Wildwood, Pa. Applicant's at- J. Brooks, P.I.E. Building, 14th and Clay burg over Mississippi Highway 42, and torney: H. Ray Pope, Jr., Clarion, Pa. Streets, P.O. Box 958, Oakland 4, Calif. return over the same route, serving all Authority sought to operate as a common Authority sougit to operate as a com- intermediate points, (11) between Co- carrier,by motor vehicle, over irregular mon carrier,by motor vehicle, over regu- lumbia and Sumrall, Miss., over Missis- routes, transporting: (1) Coal and coke, lar routes, transporting: General com- sippi Highway 44, and return over the in dump vehicles and which may be un- modities (except those of unusual value, same route, serving all intermediate loaded by dumping, between points in Classes A and B explosives, livestock, points, (12) between Purvis and Semi- Allegheny County, Pa., on the one hand, commodities in bulk, commodities re- nary, Miss., over Mississippi Highway and, on the other, points in Ohio, and (2) quiring special equipment, and those in- 589, and return over the same route, serv- slag, limestone, and lime, in dump ve- jurious or contaminating to other lad- ing all intermediate points, (13) between hicles and which may be unloaded by ing), between junction U.S. Highways Lyman and Poplarville, Miss., over Mis- dumping, from points in Ohio to points 40 and 287 east of Kit Carson, Colo., sissippi Highway 53, and return over the in Allegheny County, Pa. and junction U.S. Highways 50 and 287 same route, serving all intermediate HEARING: October 2, 1961, at the west of Lamar, Colo.; from junction U.S. points, (14) between Biloxi and Saucier, Offices of the Interstate Commerce Com- Highways 40 and 287 east of Kit Carson, Miss., over Mississippi Highway 67, and mission, Washington, D.C., before south over U.S. Highway 287 to junction return over the same route, serving all Examiner James O'D. Moran. U.S. Highways 50 and 287, and return intermediate points, (15) between Luce- dale and Pascagoula, Miss., over Missis- MOTOR CARRIERS OF PASSENGERS over the same route, serving no inter- mediate or off-route points, and with sippi Highways 613 and 63, and return No. MC 123791, filed July 10, 1961. service at the termini points for the over the same route, serving all interme- Applicant: MARQUARDT BUS SERV- purpose of joinder with applicant's diate points, (16) between Biloxi and ICE, INC., Highway C and Formart otherwise authorized regular-routes, as Beaumont, Miss., over Mississippi High- Road, P.O. Box 165, Cedarburg, Wis. an alternate route for operating con- way 15, and return over the same route, Applicant's attorney: Ralph J. Jeka, venience only. serving all intermediate points, (17) be- 3905 West Vliet Street, Milwaukee 8, tween Wiggins and Ellisville, NOTES: Common control may be Miss., over Wis. Authority sought to operate as a involved. Mississippi Highway 29, and return over common carrier, by motor vehicle, over No. MC 3009 (Sub-No. 42), filed July the same route, serving all intermediate irregular routes, transporting: Pas- 26, 1961. Applicant: WEST BROTH- points, (18) between Lucedale, Miss., and sengers and their baggage, in the same ERS, INC., 706 East Pine Street, Hatties- junction Mississippi Highway 615 and vehicle, in charter operations, beginning burg, Miss. Authority sought to oper- U.S. Highway 45, three miles north of and ending at points in Milwaukee, ate as a common carrier, by motor ve- State Line, Miss., over Mississippi High- Ozaukee, Washington, Waukesha, She- hicle, over regular routes, transporting: ways 63 and 615, and return over the boygan, and Racine Counties, Wis., and General commodities, (except Classes A same route, serving all intermediate extending to points in Illinois and the and B explosives, household goods as de- points, (10) between Leakesville and Upper Peninsula of Michigan. fined by the Commission, commodities in Richton, Miss., over Mississippi High- HEARING: October 26, 1961, at the bulk, commodities requiring special ways 63 and 42, and return over the same Wisconsin Public Service Commission, equipment, and those injurious and con- route, serving all intermediate points, Madison, Wis., before Joint Board No. taminating to other lading), (1) Between (20) between Waynesboro, Miss., and 162. Puckett and Prentiss, Miss., over Missis- junction Mississippi Highway 42, eleven sippi Highway 13, and return over the miles east of Richton, Miss., over Mis- APPLICATIONS IN WHICH HANDLING WITH- same route, serving all intermediate sissippi Highway 63, and return over the OUT ORAL HEARING IS REQUESTED points, (2) between Georgetown and same route, serving all intermediate MOTOR CARRIERS OF PROPERTY Magee, Miss., over Mississippi Highway points, (21) between junction U.S. High- 28, and return over the same route, serv- way 98 and Mississippi Highway 594 and No. MC 504 (Sub-No. 42), filed July 27, ing all intermediate points, (3) between Mississippi-Alabama State line over Mis- 1961. Applicant: HARPER MOTOR Columbia and Raleigh, Miss., over Mis- sissippi Highway 594, and return over the LINES, INC., 213 Long Avenue, Elber- sissippi Highway 35, and return over the same route, serving all Intermediate ton, Ga. Applicant's attorney: Reuben same route, serving all intermediate points, (22) between Tylertown and G. Crimm, 1375 Peachtree Street NE., points, (4) between Mt. Olive, Miss., and Brookhaven, Miss., over Mississippi Atlanta, Ga. Authority sought to oper- junction Mississippi Highway 532 and Highway 583, and return over the same ate as a common carrier, by motor ve- U.S. Highway 84, eight miles east of Col- route, serving all intermediate points, hicle, over regular routes, transporting: lins, Miss., over Mississippi Highway 532, (23) between Picayune and Columbia, General commodities, (except those of and return over the same route, serving Miss., over Mississippi Highways 13 and unusual value, Classes A and B explo- all intermediate points, (5) between Bay 43, and return over the same route, serv- sives, household goods as defined by the Springs, Miss., and junction Mississippi ing all intermediate points, (24) between Commission, commodities in bulk, and Highway 37 and U.S. Highway 84, six Florence, Miss., and junction Mississippi commodities requiring special equip- miles east of Collins, Miss., over Missis- Highways 469 and 28, six miles east of ment, (1) between Athens and Eaton- sippi Highways 531 and 37, and return Georgetown, Miss., over Mississippi ton, Ga.; from Athens over Georgia over the same route, serving all interme- Highway 469, and return over the same Highway 15 to Watkinsville, thence over diate, points, (6) between Taylorsville route, serving all intermediate points, U.S. Highway 129-441 (Ga. Hwy. 24), to and Raleigh, Miss., over Mississippi High- (25) between junction of Mississippi Eatonton, and return over the same ways 37 and 35, and return over the same Highways 53 and 603, nineteen miles route, serving all intermediate points route, serving all intermediate points, (7) south of Poplarville and junction Mis- from Athens to Madison (except with between Magee, Miss., and junction Mis- sissippi Highway 603 and U.S. Highway no right to serve Madison and points sissippi Highways 541 and 18, three miles 90, approximately five miles west of Bay between Madison and Eatonton, (2) be- east of Puckett over Mississippi Highway St. Louis, Miss., and return over the same tween Monroe and Bishop, Ga.; over 541, and return over the same route, route, serving all intermediate points, Georgia Highways 186 and 83, and re- serving all intermediate points, (8) be- and (26) between junction Mississippi turn over the same route, serving all in- tween Georgetown, Miss., and Missis- *Highway 42 and U.S. Highway 45,. one termediate points, and (3) between sippi-Louisiana State line over Missis- mile east of State line, Miss., and Mis- Good Hope and Madison, Ga.; over sippi Highway 27, and return over the sissippi Highways 42 and 63 approxi- Georgia Highway 83, and return over same route, serving all intermediate mately 21 miles north Of Leakesville, the same route, serving all intermediate points, (9) between Columbia, Miss., and Miss., over Mississippi Highway 42, and points (but without the right to serve junction Mississippi Highway 13 and U.S. return over the same route, serving all Wednesday, August 9, 1961 FEDERAL REGISTER 7175 intermediate points, (27) between Sem- LIVERY CO., INC., 7 North Steelawanna MOTOR CARRIERS OF PASSENGERS inary, Miss., and junction Mississippi Avenue, Lackawanna, N.Y. Applicant's No: MC 29861 (Sub-No. 2), filed July Highway 590 and U.S. Highway 11, one representative: Floyd B. Piper, Crosby 31, 1961. Applicant: GRAY. COACH mile south of Ellisville, Miss., over Mis- Building, Franklin at Mohawk, Buffalo LINES, LIMITED, 1900 Yonge Street, sissippi Highway 590, and return over the as a contract carrier, by motor vehicle, Toronto 7, Ontario, Canada. Applicant's over irregular routes, transporting: Ce- same route, serving all intermediate attorney: James E. Wilson, Perpetual points, (28) between Ellisville, and Sem- ment, from Town of Hamburg (Erie Building, 1111 E Street NW., Washington inary, Miss., over Mississippi Highways County), N.Y., to points in Cameron, 4, D.C. Authority sought to operate as 588 and 535, and return over the same Crawford, Elk, Erie, Forest, McKean, a common carrier, by motor vehicle, over route, serving all intermediate points, Mercer, Potter, Tioga, Venango and irregular routes, transporting: Passen- (29) between junction Mississippi High- Warren Counties, Pa., and returned, re- gers and their baggage, Iri round-trip ways 588 and 535, five miles northeast of fused and rejected, shipments of cement, charter operations, beginning and end- Seminary, and junction Mississippi on return. ing at the International Boundary line Highways 532 and 539, five miles east of NOTE: Applicant states the purpose of this between the United States and Canada Mt. Olive, Miss., over Mississippi High- application is to secure authority to trans- and extending through the Ports of Entry way 539, and return over the same route, port cement to the entire destination area in Minnesota, North Dakota, Montana, serving all intermediate points, (30) be- without restriction as to the type of con- Idaho and Washington to points in the tween Raleigh and Mendenhall, Miss., tainers or vehicles in which it Is transported. No duplicating authority is sought. United States, not including Hawaii and over Mississippi Highway 540 and U.S. Alaska. Highway 49, and return over the same No. MC 123224 (Sub-No. 1), filed route, serving all intermediate points, NOTE: Applicant states the service to be August 1, 1961. Applicant: JOSEPH S. performed will be restricted to movements (31) between Mobile, Ala., and Hurley, ROSENFELDT AND LEON ROSEN- origihating in the Province of Ontario served Miss., over Alabama Highway 56 and Mis- FELDT, a Partnership, doing business by it. sissippi Highway 614, and return over the as CARRIER CARTAGE COMPANY same route, serving all intermediate 1037 Magnolia Avenue, Camden, N.J. No. MC 123835, filed July 26, 1961. points, (32) between Mobile, Ala., and Applicant's representative: Harry C. Applicant: GARLAND L. GORDON, do- Harleston, Miss., over Alabama Highway Maxwell, 200 Penn Square Building, IIng business as APPALACHIAN COACH 70 to Mississippi-Alabama State line, Juniper and Filbert Streets, Philadel- COMPANY, 201 North Jefferson Street, thence over unnumbered road from Mis- phia 7, Pa. Authority sought to operate Galax, Va., Applicant's attorney: Ray- sissippi-Alabama State line to Harleston, as a common carrier, by motor vehicle, mond H. Warns, Court Square Building, and return over the same route, serving over irregular routes, transporting: Such Charlottesville, Va. Authority sought to all intermediate points, (33) between merchandise as is ordinarily dealt in by operate as a common carrier, by motor junction Mississippi Highways. 533 and retail stores, premium redemption com- vehicle, over irregular routes, transport- ing: Passengers and their baggage, 15, nine miles south of Bay Springs, panies, and mail-order houses; from and Miss., and junction Mississippi Highways Camden, N.J., to New York, N.Y., Wash- express, mail and newspapers, in the 29 and 588, one mile west of Ellisville, ington, D.C., points in Fairfield, Hart- same vehicle with passengers, between Shouns, and Johnson City, Tenn.; Miss., over Mississippi Highways 533 and ford and New Haven Counties, Conn., from 29, and return over the same route, serv- Albany, Columbia, Dutchess, Fulton, Shouns, over U.S. Highway 421 to Moun- ing all intermediate points, (34) between Greene, Montgomery, Nassau, Orange, tain City, Tenn., thence over Tennessee New Hebron, Miss., and junction Missis- Putnam, Rensselaer, Rockland, Sche- Highway 67 to Elizabethton, Tenn., sippi Highways 43 and 13, eleven miles nectady, Schoharie, Suffolk, Sullivan, thence over Tennessee Highway 91 to Johnson City, and return over the same south of Prentiss, Miss., over Mississippi Ulster and Westchester Counties, N.Y., Highway 43, and return over the same route, serving all intermediate points. route, serving all intermediate points, and those in Delaware, Maryland, New and (35) (a) between Pachuta and Jersey and Pennsylvania. RESTRIC- APPLICATION FOR BROKERAGE ICENSE TION: The service sought herein shall MOTOR CARRIER OF PASSENGERS Paulding, Miss., over Mississippi High- be limited to retail delivery service and way 512, and return over the same route, No. MC 12757, filed June 12, 1961. serving all intermediate points; and (b) that no service shall be rendered as the transportation of any shipment weigh- Applicant: SUGARBUSH VALLEY EX- between junction Mississippi Highways ing in excess of 50 pounds; and for the PRESS ASSOCIATES, No. 2 Washing- 18 and 503, approximately 17 miles ton Square Village, 16L, New York 12, northeast purpose of this restriction, a package or of Bay Springs and junction group of packages from a single con- N.Y. For a license (BMC 5) to engage in Mississippi Highways 503 and 528, ap- signor to a single consignee at a single operations as a broker at New York, N.Y., proximately three miles northwest of in arranging for transportation in inter- Heidelberg, over Mississippi Highway destination shall be considered a shipment. state or foreign commerce, by motor 503, and return over the same route, serv- vehicle, of passengers, skis and other ing all intermediate points. NOTE: (1) Applicant states the above- such baggage o1 passengers, both as No. MC 23441 (Sub-No. 2), filed July described operation embraces authority now held by applicant. If the authority individuals and groups, in charter opera- 28, 1961. Applicant: LAY TRUCKING tions, beginning and ending at New York, COMPANY, INC., 1312 Lake Street, La sought is granted, or any part of it, appli- cant requests concurrent cancellation of its N.Y., and extending to ski areas at or Porte, Ind. Applicant's representative: presently held authority to the extent that near Warren and Waitsfield, Vt. M. A. Wilson (Same address as appli- there would be duplication. (2) Common cant). Authority sought to operate as'a control may be involved. NOTICE OF FILING OF PETITION common carrier, by motor vehicle, over No. MC 79695 (Sub-No. 5) and MC irregular routes, transporting: Hay No: MC 123836, filed July 27, 1961. 79695 (Sub-No. 17), (PETITION FOR crushers and conditioners,and parts for Applicant: FRANK WALDRAN AND (1) WAIVER OF RULE 1.101(e); (2) the implements named when moving in EFFIE WALDRAN, a Partnership doing REOPENING, (3) RECONSIDERATION, the same vehicle or in separate ship- business as BEST BEER COMPANY, OR (4) CLARIFICATION AND/OR ments; from La Porte, Ind., to points in P.O. Box 809, 302 Ferris Street, Lawton, MODIFICATION), dated July 19, 1961. Indiana, Michigan, Wisconsin, Iowa, Il- Okla. Authority sought to operate as Petitioner: STEEL TRANSPORTATION linois, Missouri, Kentucky, Tennessee, a contract carrier, by motor vehicle, COMPANY, INC., 4000 Cline Avenue, Mississippi, Ohio and Pennsylvania. over irregular routes, transporting: (1) East Chicago, Ind. Petitioner's attor- RESTRICTION: The transportation Beer, from the site of the Oklahoma Dis- ney: 'Robert W. Loser, 409 Chamber of service sought herein is subject to the tributing Company warehouses located Commerce Building, Indianapolis 4, Ind. restriction that operations to points in at Milwaukee, Wis., Kansas City, Mo., Illinois, Iowa, Missouri, Mississippi, Omaha, Nebr., and Chicago, Belleville, Petitioner holds authority, as is here per- Kentucky, Tennessee, and Pennsylvania and Peoria, Ill., to Ardmore, Lawton, tinent, as follows: (1) No. MC-79695 * shall be limited to the transportation of Oklahoma City, and Shawnee, Okla., •(Sub-No. 5), irregular routes, author- shipments originating at La Porte, Ind. and (2) empty beer bottles, empty beer izing the transportation of, Iron and No. MC 108358 (Sub-No. 7), filed July cases and empty kegs returned to brew- steel articles, which because of their 28, 1961. Applicant: CONCRETE DE- eries, on return. * size, shape or weight. require specialized No. 152---8 NOTICES handling or rigging or the use of special SON TRANSFER CO., INC.), published Grand Blanc, Mich., between Davison, equipment and iron and steel articles In the August 2, 1961, issue of the Pmn.. Mich., and Flint, Mich., between Sagi- which are integrally a part of a ship- ERAL REGISTER. Supplement filed July 28, naw, Mich., and Roscommon, Mich-, be- ment requiring specialized handling or 1961, to show joinder of HARLEY tween Detroit, Mich., and Trenton, special equipment, from Chicago, Ill., HARTLEY, VITUS HARTLEY, SR., Mich., serving certain intermediate and points in the Chicago, Ill., Commercial WILLIAM P. FINNERAN, VITUS off-route points; between Chicago, Ill., Zone, 1 M.C.C. 673, and Chicago Heights, HARTLEY, JR., and WILLIAM H. and Joliet, Ill., between Niles, Mich., Ill., to Henderson, Louisville, Owensboro HANKS, all of 3535 Seventh Avenue, and Paw Paw, Mich., -between Toledo, and Paducah, Ky., St. Louis, Mo., points Charleston, W. Va., as additional per- Ohio and Bay City, Mich., between in Iowa on and east of U.S. Highway 218 sons in control of POINT EXPRESS, Toledo, Ohio and Somerset, Mich., be- from Keokuk to Cedar Rapids and on INC. tween Toledo, Ohio, and Detroit, Mich., and east of Iowa Highway 13 from Cedar No. MC-F 7931. Authority sought for between Wyandotte, Mich., and Pontiac, Rapids to Marquette, points in Ohio on control by LONG TRANSPORTATION Mich.' between Detroit, Mich., and Lan- and west of U.S. Highway 23 from Toledo COMPANY, 3755 Central Ave., Detroit, sing, Mich., and between Detroit, Mich., to Columbus, on and west of U.S. High- Mich., of BOAT HAULING CORPORA- and the Ford Willow Run Plant located way 62 from Columbus to Washington TION, 25 Bryant Ave., East Milton 86, approximately four miles east of Yp- Court House, and on and west of U.S. Mass., and for acquisition by W. E. silanti, Mich., serving no intermediate Highway 22 from Washington Court LONG, 155 Lothrop, Grosse Pointe points, and over an alternate route for House to Cincinnati, Ohio, including Farms, Mich., and STEVEN DARCEY, operating convenience only; general points in the commercial zone of Cincin- for the estate of FLORENCE L. Mc- commodities, with exceptions as specified nati as defined in Cincinnati, Ohio, CALE, 46250 W. Nine Mile, Novi, Mich., above, over regular and irregular routes Commercial Zone, 26 M.C.C.. 49, and of control of BOAT HAULING CORPO- between Lansing, Mich., and Akron and points in Wisconsin in the counties of RATION through the acquisition by Kent, Ohio, serving certain intermediate Columbia, Crawford, Dane, Dodge, Fond LONG TRANSPORTATION COMPANY. and off-route points. KRAMER BROS. du Lac, Grant, Green, Iowa, Jefferson, Applicants' attorneys: Bowes & Millner, FREIGHT LINES, INC., is authorized to Lafayette, Kenosha Ozaukee, Racine, 1060-Broad St., Newark 2, N.J., and Bar- operate as a common carrier in Michi- Richland, Rock, Sauk, Sheboygan, Wal- rett, Barrett and Barrett, 25 Bryant Ave., gan, Illinois, Indiana, Ohio, Pennsyl- worth, Washington, and Waukesha, ex- East Milton 86, Mich. Operating. rights vania, New York, West Virginia, New cept points in Kenosha and Racine sought to be controlled: Boats and boat Jersey, Delaware, Maryland and the Dis- Counties on and east of U.S. Highway accessories, as a common carrier over trict of Columbia. Application has not 41, and return with returned or rejected irregular routes between points in Mas- been filed for temporary authority under shipments, and (2) Certificate No. MC sachusetts, Maine, New Hampshire, section 21Oa (b). 79695 (Sub-No. 17), irregular routes, Vermont, Rhode Island, Connecticut, No. MC-F 7933. Authority sought for authorizing the transportation of, Non- New York, and New Jersey. LONG purchase by E. & L. TRANSPORT COM- ferrous metals, when moving in the same TRANSPORTATION COMPANY is au- PANY, 14201 Prospect Ave., Dearborn, vehicle at the same time with iron and thorized to operate as a common. carrier Mich., of a portion of the operating steel articles, which because of their size, in Illinois, Pennsylvania, Ohio, Indiana, rights and certain property of DEALERS shape or weight require specialized han- Michigan, New York, New Jersey, and TRANSPORT COMPANY, 1368 River- dling or rigging or the use of special Connecticut. Application has been filed side Blvd., Memphis, Tenn., and for ac- equipment, and/or iron and steel articles for temporary authority under section quisition by TRANSCO, INC., and in which are integrally a part of a shipment 210a(b). turn by DONALD C. HAYDEN, both of requiring specialized handling or special No. MC-F 7932. Authority sought for 14201 Prospect Ave., Dearborn, Mich., of equipment, from Chicago, Ill., to Cincin- control and merger by KRAMER BROS. control of such rights and property nati, Ohio, with no transportation for FREIGHT LINES, INC., 4195 Central through the purchase. Applicants' at- compensation on return except as other- Ave., Detroit 10, Mich., of the operating torneys: George S. Dixon, 2150 Guardian wise authorized. Petitioner requests the rights and property of CONSOLIDATED Bldg., Detroit 26, Mich,, and Charles H. Commission clarify and/or modify Cer- FREIGHT COMPANY, 321 S. Franklin Hudson, Jr., 206 Broadway National Bank tificate No. MC-79695 (Sub-No. 5) and St., Saginaw, Mich., and for acquisition Bldg., Nashville 3, Tenn. Operating Certificate No. MC-79695 (Sub No. 17), by EDWARD S. KRAMER, 4901 North rights sought to be transferred: Auto- so as to read in the Sub No. 5 Certificate Dixboro Road, Ann Arbor, Mch., of con- mobiles, trucks and buses, in initial "Iron and steel articles as described in trol of such rights and property through movements, in driveaway and truckaway Appendix- V, Description in Motor Car- the transaction. Applicants' attorney-: services, and parts and accessories there- rier Certificates, Ex Parte MC-45" and Roland Rice, 618 Perpetual Bldg., of moving at the same time and with with regard to Sub-No. 17 Certificate so Washington 4, D.C. Operating rights the vehicles of which they are a part that it reads: "nonferrous metals when sought to be controlled and merged: and on which they are to be installed, moving in the same vehicle at the same General commodities, excepting among as a common carrier over irregular time with iron and steel articles as de- others, household goods and commodities routes from points in Lorain County, cribed in Appendix V, Description in in bulk, as a common carrierover regular Ohio, to points in the United States; and Motor Carrier Certificate, Ex Parte MC- routes between Chicago, Ill., and Detroit, .damaged or returned shipments of the 45." Any person or persons desiring to Mich.; between Chicago, Ill., and Sagi- above-described commodities on return. oppose the relief sought, may, within 30 naw, Mich.; between Edmore, Mich., Vendee is authorized to operate as a days from the date of this publication and Rockford, Mich., between junction common carrier in all states and the in the FEDERAL REGISTER, file a reply to U.S. Highway 16 and Michigan Highway District of Columbia. Application has this petition, or other appropriate 91, and Belding, Mich., between Chicago, not been filed for temporary authority pleading. Ill., and junction U.S. Highway 112 and under section 210a(b). Michigan Highway 205, between Con- No. MC-F 7934. Authority sought for APPLICATIONS UNDER SECTIONS 5 AND stantine, Mich., and Lansing, Mich., purchase by CONTINENTAL TRANS- 210a(b) between Somerset, Mich., and Saginaw, PORTATION LINES, INC., Continental The following applications are gov- Mich., between Battle Creek, Mich., and Square, Graham St., McKees Rocks, Pa., erned by the Interstate Commerce Com- Flint, Mich., between Grand Haven, of the operating rights and property of mission's special rules governing notice Mich., and Flint, Mich., between Sagi- MARIANELLI MOTOR LINES, INC., of filing of applications by motor carriers naw, Mich., and Lansing, Mich., between Locust St., and Remington Ave., Scran- of property of passengers under section Jackson, Mich., and Pontiac, Mich., be- ton, Pa., and for acquisition by MILTON 5(a) and 210a(b) of the Interstate Com- tween Bay City, Mich., and Midland, E. HARRIS and RUTH K. HARRIS, both merce Act and certain other proceedings Mich., between Detroit, Mich., and Bay of Continental Square, McKees Rocks, with respect thereto. (49 CFR 1.240) City, Mich., between junction Michigan Pa., of control of such rights and prop- Highway 24 and unnumbered highway erty through the purchase. Applicants' MOTOR CARRIERS OF PROPERTY east of Oakwood. Mich.,. and Ortonville, attorney: Robert H. Shertz, 226 South No. MC-F-7929. (POINT EXPRESS, Mich., between Detroit, Mich., and Clare, 16th St., Philadelphia 2, Pa. Operating INC.-CONTROL AND MERGER-PIN- Mich., between Goodrich, Mich., and rights sought to be transferred: Get- Wednesday, August 9, 1961 FEDERAL REGISTER 7177 eral commodities, excepting, among property through the purchase. Appli- temporary authority under section others, household goods and commodities cants' attorney: Robert A. Sullivan, 210a(b). in bulk, as a common carrierover irregu- 1800 Buhl Buildink, Detroit 26, Mich. No. MC-F 7939. Authority sought for lar routes. between Pittsburgh, Pa., and Operating rights sought to be trans- purchase by AERO MAYFLOWER points in Pennsylvania within 35 miles ferred: Copper, brass and bronze pro- TRANSIT COMPANY, INC., 863 Mass. of Pittsburgh, on the one hand, and, ducts, equipment, materials,and supplies Ave., Indianapolis, Ind., 'of a portion of on the other, Scranton, Pa., and points used in, or i.ncidental to, the manufac- the operating rights of JOHN WALLS, in' Pennsylvania within 35 miles of ture of these products, and office supplies an individual, doing business as NEW Scranton. Vendee is authorized to op- and equipment, as a contract carrier WAY TRANSFER, 2021 Forest Ave., erate as a common carrier in Pennsyl- over irregular routes between Port Hu- Kansas City, Mo. Applicants' attorney: vania, Ohio, Maryland, West Virginia, ron, Mich., on the one hand, and, on the James L. Beattey, 130 East Washington New York, and New Jersey. Application other, points in Ohio, between Port Hu- St., 1021, Indianapolis, Ind. Operating has not been filed for temporary author- ron, Mich., on the one hand, and points rights sought to be transferred:. Uncrated ity under section 210a(b). in Indiana, and the CHICAGO, ILL. new furniture and new store fixtures and No. MC-F 7935. Authority sought for COMMERCIAL ZONE, on the other; equipment, as a common carrier over purchase by PETTAPIECE CARTAGE & brass, bronze, copper and aluminum irregular routes from Omaha, Nebr., BUILDERS' SUPPLIES, LTD., 39 Oak articles, and scrap, equipment; materials, Burlington, Iowa, and points in the St., West, Seacliffe Drive, Leamington, and supplies, used in, or incidental to the Chicago, Ill., Commercial Zone, to Kan- Ontario, Canada, of a portion of the op- manufacture of such products, between sas City, Mo.-Kans., damaged or rejected erating rights of HOGUE FREIGHT St. Louis, Mo., and Port Huron, Mich., shipments of the above-specified com- LINES, INC., 4840 Wyoming Ave., Dear- traversing Illinois, Indiana, and Ohio modities, from the above-specified desti- born 2, Mich., and for acquisition by for operating convenience only; and, nation points to the above-designated R. C. PEITTAPIECE, 39 Oak St., West, plastic articles, and materials, other origin points; uncrated physicians', den- Seacliffe Drive, Leamington, Ontario, than bulk liquids, used in the, manu- tists' and hospital equipment, between Canada, and BENJAMIN C. BATTRAM, facture of plastic articles, between Port Kansas City, Mo.-Kans., and points 25 Fader, Leamington, Ontario, Canada, Huron, Mich., on the one hand, and, on within 25 miles'thereof, on the one hand, of control of such rights through the the other, Chicago, Ill.,St. Louis, Mo., and and, on the other, Chicago, Ill., Detroit, purchase. Applicants' attorney: Wil- points in Indiana and Ohio, RE- Mich., Philadelphia, Pa., and points in liam B. Elmer, 1800 Buhl Bldg., Detroit STRICTED to a transportation service Kansas, Nebraska, Iowa, Missouri, Wis- 26, Mich. Operating rights sought to be to be performed under a continuing con- consin, Ohio and New York, coin- transferred: Sand, as a common carrier tract, or contracts, with Mueller Brass operated vending machines, uncrated, over irregular routes, from points within Company, Port Huron, Mich. Vendee is between Kansas City, Mo., on the one the Lower Peninsula of Michigan, to the authorized to operate as a common car- hand, and, on the other, points in Min- rier in Michigan, Illinois, Ohio, Indiana, and those in all States east of a International Boundary Line between nesota Detroit, Mich., and Windsor, Ontario, Iowa, Wisconsin, Minnesota, Missouri, line beginning at Lake Superior and ex- Canada. Vendee is authorized to op- West Virginia, and Kentucky. Applica- tending along the western boundary of for temporary erate as a common carrier in Ohio and tion has not been filed Wisconsin to the Mississippi River and Michigan. Application has not been authority under section 210a(b). thence along the east bank of the Mis- filed for temporary authority under sec- No. MC-F 7938. Authority sought for sissippi River to the Gulf of Mexico, new by BLACK BALL be- tion 210a(b). control and merger and used store fixtures, uncrated, SERVICE, Pier 53, Seattle, No. MC-F 7936. Authority sought for FREIGHT tween Kansas City, Mo., on the one hand, and purchase by LIBERTY FAST FREIGHT Wash., of the operating rights and, on the other, points in Alabama, CO., INC., Route 17, Rochelle Park, N.J., property of SEXTON-CLARKE AUTO Delaware, Florida, Georgia, Idaho, Lou- Sheldon Blvd., of the operating rights of GOLD STAR FREIGHT, INC., 1206 isiana, Maryland, Mississippi, Montana, Bremerton, Wash., and for acquisition FREIGHT LINES, INC., 440 Tenth Ave., Nevada, New Jersey, North Carolina, 53, Seattle, New York City, N.Y., and for acquisition by R. J. ACHESON, Pier Oregon, South Carolina, Utah, Virginia, by WILLIAM R. BREIDENTHALL, 780 Wash., of control of such rights and Washington, Wyoming, and the District Pine St., Emmaus, Pa., bf control of such property through the transaction. Ap- of Columbia:; dentists' equipment, un- B. Adams, rights through the purchase. Applicants' plicants' attorney: William crated, between Kansas City, Mo., on the Oreg. Op- attorneys: Arthur J Piken, 160-16 Ja- 624 Pacific Bldg., Portland 4, one hand, and, on the other, points in maica Ave., Jamaica 32, N.Y., and Harry erating rights sought to be controlled Washington, Oregon, Idaho, Montana, Ames, Jr., Transportation Bldg., Wash- and merged: General commodities, ex- Colorado, North Dakota, South Dakota, ington 6, D.C. Operating rights sought cepting, among others, household goods Oklahoma, Texas, Minnesota, Louisiana, as a common to be transferred: General commodities, and commodities in bulk, California, and Utah, school annuals, between Ta- excepting, among others, household carrier over regular routes uncrated and unboxed, from Kansas goods and commodities in bulk, as a coma, Wash., and Bremerton, Wash., City, Mo., to points in Kansas, Oklahoma, common carrier over irregular routes serving certain intermediate and off- and Texas; furniture, pianos, electric restriction, except between points in the New York, N.Y. route points without organs and other musical instruments, Commercial Zone, on the one hand, and, the off-route points in Kitsap County, home appliances, radios, carpets and on the other, Philadelphia, Pa., and Wash., (except Bangor and Keyport, rugs, and office and store fixtures and points in New Jersey. Vendee is au- Wash., and points on Bainbridge Island, appliances, all uncrated, except such of thorized to operate as a common carrier Wash.) restricted to the condition that the named commodities as are included -in New York'and New Jersey. Applica- those which lie north of Bremerton and In the term household goods as defined tion has been filed for temporary au- north of Washington Highway 21 and by the Commission, between points in thority under section 210a(b). the junction of Washington Highway 21 Missouri, on the one hand, and, on the No. MC-F 7937. Authority sought for with unnumbered highway between other, points in Kansas; new furniture, purchase by DIRECT TRANSIT LINES, Bremerton and Holly, Wash., through new household and office appliances,new INC., 200 Colrain Street, SW., Grand Crosby, Wash., and north of such un- store fixtures and appliances and new Rapids 8, Mich., of the operating rights numbered highway, shall not be tacked floor coverings, uncrated, between points 'or combined with any and property of CLIFTON M. DENMAN, authority now In the Kansas City, Mo.-Kansas City, an individual, -doing business as C. M. held or hereafter obtained authorizing Kans., commercial zone and points DENMAN, 2026 Lapeer Street, Port service between Seattle and Bremerton, within 25 miles thereof, on the one hand, Huron, Mich., and for acquisition by Wash.; between Seattle, Wash., and and, one the other, points in Arizona, BERT GLUPKER, LOUIS CAIN, BRUCE Bremerton, Wash., serving all intermedi- California, Colorado, Kentucky, Minne- GLUPKER, all of 200 Colrain Street, W. ate and certain off-route points, and sota, New Mexico, North Dakota, South W., Grand Rapids, Mich., DOROTHY over an alternate route for operat- Dakota, Tennessee, Texas and West- Vir- PERKINS, 640 South Pine Street, Arling- ing convenience only. BLACK BALL ginia, from points in the Kansas City, ton Heights, Ill., and MARILYN De- FREIGHT SERVICE Is authorized to Mo.-Kansas City, Kans., commercial zone VREE, 7666 Chickadee Drive, Jenison, operate as a common carrier in Wash- and points within 25 miles thereof, to Mich., of control of such rights and ington. Application has been filed for points in Illinois, Indiana, Michigan, New 7178 NOTICES

York, Ohio, Pennsylvania, and Wiscon- products, and machinery, materials, MC 119100, issued November 18, 19Q0, sin; new floor coverings, uncrated, be- equipment and supplies used in, or in to J. C. Stanley and Theril Reedy, a part- tween points in the Kansas City, Mo.- connection with, the construction, oper- nership, doing business as New Hard- Kansas City, Kans., commercial zone and ation, repair-, servicing, maintenance ware & Furniture Company, Clintwood, points within 25 miles thereof, on the and dismantling of pipe lines, including Va., authorizing the transportation of: one hand, and, on the other, points in the stringing and picking-up thereof; Hardware, electrical appliances, and Arkansas, Iowa, Nebraska, and Okla- machinery and equipment used in, or in furniture, from Hazard, Ky., to Dungan- homa; and new furniture,new household connection with, the discovery, develop- non, Va., and points in Wise, Dickenson, and office appliances, uncrated, and new ment, production, refining, manufacture, Buchanan, and Russell Counties, Va. store fixtures and appliances, uncrated, processing, storage, transmission, and No. MC-FC 64336. By order of July between points in the commercial zone distribution of sulphur and its products, 31, 1961, The Transfer Board approved described above, on the one hand, and, and materials and supplies (not includ- the transfer to Dominick Mazzaferro, on the other, points in Missouri, Arkan- ing sulphur) used in, or in connection doing business as Violette Trucking Co., sas, Oklahoma, Kansas, Nebraska, and with, the discovery, development, pro- New York, N.Y., of Certificate No. MC Iowa. Vendee is authorized to operate as duction, refining, manufacture, process- 117595, issued March 5, 1959, to Four L a common carrier in all states and the ing, storage, transmission, and distribu- Furniture Transport, Inc., New York, District of Columbia. Application has tion of sulphur and its products, N.Y., authorizing the transportation, been filed for temporary authority under restricted to the transportation of ship- over irregular routes, of uncrated new section 210a(b). ments of materials and supplies moving furniture, from New York, N.Y., to points to or from exploration, drilling, produc- By the Commission. in New Jersey, and New York within 89 tion, job, construction, plant sites or miles of Columbus Circle, New York, [SEAL] HAROLD D. McCoy, storage sites; and machinery, equipment, N.Y. Morris Honig, 150 Broadway, New Secretary. materials, and supplies used in, or in York 38, N.Y., Attorney for applicants. [P.R. Doe. 61-7519; Filed, Aug. 8, 1961; connection with, the drilling of water No MC-FC 64340. By order of July 8:49 a.m.] wells; between points in Arkansas, Kan- 28, 1961, The Transfer Board approved sas, Louisiana, Missouri, New' Mexico, the transfer to Kulp Service, Inc., Sou- Oklahoma and Texas, as specified. derton, Pa., of Certificate No. MC 67393, [Notice 529] Ewell H. Muse, Jr., 415 Perry Brooks issued April 6, 1949, to Andrew J. Moyer, Building, Austin, Tex., attorney for doing business as Moyer's Express, MOTOR CARRIER TRANSFER applicants. Shamokin, Pa., authorizing the trans- PROCEEDINGS No. MC-PC 64095. By order of July portation of general commodities, in- AUGUST 4, 1961. 31, 1961, The Transfer Board approved cluding household goods and commodi- the transfer to Expressway Trucking, Synopses of orders entered pursuant ties in bulk, over irregular routes, be- Inc., Long Island City, N.Y., of Certifi- tween points in Pennsylvania within ten to section 212(b) of the Interstate Com- cate No. MC 76447,.issued December 7, merce Act, and rules and regulations miles of Shamokin, including Shamo- 1949, to Frank Alexander, doing business kin. John W. Frame, 603 North Front prescribed thereunder (49 CFR Part as MacCarthys Express, New York, N.Y., Street, Harrisburg, Pa., Representative 179), appear below: authorizing the transportation of: Gen- As provided in the Commission's for applicants. " eral commodities, with the usual excep- No. MC-FC 64347. By order of July special rules of practice any interested tions including household goods and 31, 1961, The Transfer Board approved person may file a petition seeking re- commodities in bulk, between New York, the transfer to Donald Webster and Har- consideration of the following numbered N.Y., on the one hand, and, on the other, proceedings within 20 days from the date old Jorgenson, a Partnership, doing busi- points in Westchester County, N.Y. ness as D and J Transfer Company, of publication of this notice. Pursuant Arthur J. Piken, 160-16 Jamaica Ave., to section 17(8) of the Interstate Com- Jackson, Minn., of Permit No. MC 114734, Jamaica 32, N.Y., attorney for appli- issued September merce Act, the filing of such a petition 7, 1955, to Adam H. cants, and Charles H. Trayford, 220 East Loos, doing business as Loos Trucking, will postpone the effective date of the 42d Street, New York, N.Y., Represent- Sherburn, Minn., authorizing the trans- order in that proceeding pending its dis- ative for applicants. portation, over irregular position. The matters relied upon by routes, of fresh No. MC-FC 64272. By order of July meats, in carcasses, or part carcasses, petitioners must be specified in their 31, 1961, The Transfer Board approved petitions with particularity. and in packages, from Spencer, Iowa, to the transfer to Food Haulers, Inc., Eliz- Minneapolis, Minn., Decatur, No. MC-FC 63927. By order of July Rockford, abeth, N.J., of Permit No. MC 2179, issued and Elgin Ill., and Madison and Mil- 31, 1961, The Transfer Board approved September 25, 1947, to Meyer Satsky the transfer to Norman E. Pike, doing waukee, Wis. J. W. Flynn, Luedke Trucking Co., a Corporation, Elberson, Building, Fairmont, Minn., business as Pike's Express, Palmyra, N.J., Attorney for N.J., authorizing the transportation, over applicants. of Certificate No. MC 181, issued Decem- irregular routes, of such merchandise as No. MC-FC 64351. By order of July ber 7, 1943, to Waiter E. Pike, doing is dealt in by wholesale, retail, and chain business as Pike's Express, Palmyra, 31, 1961, The Transfer Board approved grocery and food business houses, and, the transfer to N.J., authorizing the transportation of: William R. Elden, Al- in connection therewith, equipment, ma- toona, Pa., of Certificate No. MC 79841, General commodities, with the usual terials, and supplies used in the conduct exceptions including household goods issued June 7, 1941, to L. B. Park, of such business, between points in a Altoona, Pa., authorizing the transporta- and commodities in bulk, between Phila- described portion of New Jersey and in delphia, Pa., and Bordentown, N.J. tion of household goods, over irregular Richmond County. on Staten Island, routes, between points in nine specified John B. Mathews, Broad and Garfield, N.Y., and between points in the above- Palmyra. N.J., Attorney for applicants. counties in Pennsylvania, on the one specified territory, on the one hand, and, hand, and, on the other, points in New No. MC-FC 64064. By order of July on the other, points in New York, Bronx, 28, 1961, The Transfer Board approved York, New Jersey, Ohio, Missouri, Michi- Kings, Queens, and Nassau Counties, gan, Illinois, Connecticut, the transfer to Stroud Brothers Truck- Delaware, N.Y., Paterson, Hawthorne, and Edge- Massachusetts, Maryland, North Caro- ing, Inc., Kilgore, Texas, of Certificates water, N.J., and of fruits, vegetables, Nos. MC 108585 and MC 108585 Sub 3, lina, Indiana, West Virginia, South Caro- farm products, poultry, and sea food, in lina, Virginia, Wisconsin, and Issued December 19, 1956, and June 25, the Dis- the respective seasons of their produc- trict of Columbia. Alexander A. Noto- 1956, respectively, to J. C. Stroud and tion, from points in a described portion W. V. Stroud, doing business as Stroud poulos, 203 Central Trust Building, of New Jersey to points in the above- Attorney for applicants. Brothers, Joinerville, Texas, authorizing specified territory. Bert Collins, 140 the transportation of: Machinery, equip- No. MC-FC 64366. By order of July 31, Cedar Street, New York 6, N.Y., Repre- 1961, The Transfer Board approved the ment, materials and supplies used in, or sentative for applicants. in connection with, the discovery, de- No. MC-FC 64320. By order of July transfer to Monk's Express, Inc., Bing- velopment, production, refining, manu- 31, 1961, The Transfer Board approved hamton, N.Y., of Certificate No. MC facture, processing, storage, transmis- the transfer to J. C. Stanley, doing busi- 58738 Sub 1, issued April 4, 1950, to sion, and distribution of natural gas and ness as New Hardware & Furniture Com- Cecil C. Knapp, doing business as Monk's petroleum and their products and by- pany, Clintwood, Va., of Certificate No. Express, Binghamton, N.Y., authorizing Wednesday, August 9, 1961 FEDERAL REGISTER 7179 the transportation of general commodi- FREIGHT LINES, INC., ASSOCIATED rier operating in interstate commerce ties, excluding household goods, com- TRUCK LINES, INC., THE LIBERTY under appropriate authority issued by modities in bulk, and other specified HIGHWAY CO., SUBURBAN MOTOR the Interstate Commerce Commission; commodiites, between Endicott, N.Y., FREIGHT, INC., NORWALK TRUCK that each of said Petitioners is author- and Homer, N.Y., and between Endicott, LINES, INC., THE NATIONAL TRAN- ized under its Certificate of Public Con- N.Y., and Binghamton, N.Y. David G. SIT CORPORATION, GREAT LAKES venience and Necessity to serve Detroit, Stearns, 53 Front Street, Binghamton, EXPRESS, ELLIS TRUCKING COM- Mich., in connection with traffic moving N.Y., Attorney for applicants. PANY, INC., INTER-CITY TRUCKING In interstate and foreign commerce to SERVICE, INC., J6HN WAHL CART- and from other points in the United [SEAL] HAROLD D. McCoy, AGE, INC., BONDY CARTAGE LIMIT- States or the International Boundary be- Secretary. ED, COCHOIS INTERNATIONAL LTD:, tween the United States and Canada; [F.R. Doe. 61-7521; Filed, Aug. 8, 1961; CONSOLIDATED TRUCK LINES LIM- and (2) that the purpose of this Petition 8:49 a.m.] ITED, DIRECT WINTERS TRANS- is to clarify and/or define the Commer- PORT LIMITED, GREAT LAKES cial Zone of the City of Detroit insofar TRUCKING LTD., C. HINTON & CO., as the inclusion or non-inclusion of the [Ex Parte No. MC-37] LIMITED, HUSBAND INTERNATION- City of Windsor, Ontario, Canada, within PETITION TO CLARIFY AND/OR DE- AL TRANSPORT (ONTARIO) LIM- such zone Is concerned. ITED, INTER-CITY TRUCK LINES FINE THE COMMERCIAL ZONE OF NOTE: The Detroit, Mich., Commercial Zone LTD., INTERNATIONAL CARTAGE is defined specifically in 48 M.C.C. 95, 97. DETROIT, MICHIGAN, FOR PUR- LIMITED, JONES TRANSPORT COM- POSE OF SECTION 203(b)(8) OF THE PANY LTD., KINGSWAY TRANS- Persons supporting or opposing INTERSTATE COMMERCE ACT PORTS LTD., McKINLAY TRANS- changes in the present zone limit who PORT LTD., MERRIFIELD TRANS- desire to participate in future proceed- AUGUST 4, 1961. ings on this petition or be notified of PORT CO., LIMITED, MORRICE Petitioners: FEDERAL EXPRESS, CARTAGE LTD., OGDEN & MOFFETT any action taken thereon should notify INC., DENVER CHICAGO TRUCKING COMPANY, THE OVERLAND EX- the Commission and petitioners' attor- ney of their desire on or before 30 days COMPANY, INC., SAGINAW TRANS- PRESS LIMITED, PARENT CARTAGE, FER COMPANY, INC., JONES MOTOR from the date of this publication in the THIBODEAU EXPRESS LIMITED, THE FEDERAL REGISTER. CO., INC., CUSHMAN MOTOR DE- WINDSOR TRUCK & STORAGE CO., LIVERY CO., SHIPPERS DISPATCH, LTD. Petitioners' attorney: Rex Eames, By the Commission. INC., KRAMER BROS. FREIGHT LINES, INC., YELLOW TRANSIT 1800 Buhl Building, Detroit 26, Mich. [SEAL] HAROLD D. McCoy, FREIGHT LINES, INC., MICHIGAN The subject petition, filed July 28, 1961, Secretary. EXPRESS, INC., INTERSTATE MOTOR states: (1) that each of the thirty-nine [F.R. Doc. 61-7522; Filed, Aug. 8, 1961; F R E IG H T SYSTEM, EXPRESS Petitioners named above is a motor car- 8:49 a.m.]

CUMULATIVE CODIFICATION GUIDE-AUGUST 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 August. 3 CFR Page 7 CFR-Continued Page 14 CFR-Continued Page PROCLAMATIONS: 958 ------7008 600 ------6847,6916,6971,6972,7033 3424_- 7031 963 ------6837 601 ------6847,6848, EXECUTIVE ORDERS: 990 ------6846 6916, 6971, 6972, 7033, 7035, 7078 5364 ..... 6852 1024 ------6847 602 ------6916,7079 10450 ------6967 1068 .... 7077 608------7033 10955_ 6967 PROPOSED RULES: 609 ------6972,7036,7045 51 ------6936 610------6977 5 CFR 52 ------6937 PROPOSED RULES: 30 ------7005 319------7134 202 ------7061 350 ------7005 902------6854 205------6855 PROPOSED RULES: 935------7096 231 ------6855 89 ------7144 939------6937 290 ------6994 941 7134 377 ------6994 6 CFR 992 ------7017 507 ------7016 331 ------7121 '993------7096 600 ------6857-6861,6940,7149 333 ------6915 1008 ------6937 601- 6----6859-6861,6940-6942,7149 421 ------7007,7008,7078 1013 ------7096 602 ------6861 1026------6984 7 CFR 16 CFR 319 ------6968,6969 9 CFR 13 ------6915,6981, 35 ------6833 77 ------6831 7010, 7011, 7052, 7053, 7085-7087 56 ------7012 701------6881 10 CFR 722 ------6892 17 CFR 723 ------7122 PROPOSED RULES: 20 ------7142 200------6917 728 ------6892 210 7143 ------7123, 811 ------6969 40------240------7053 906 ------6833 12 CFR 911 ------6834 545 ------7051 19 CFR 922 ------7032 8 ------6982 933 ------7077 14 CFR 934 ------6834 40 ------7009 20 CFR 938------6834 41 ------7009 403 ------7054 943 ------6835 42 ------7009 404 ------7054 946 ------6836 43 ------7122 949 ------6837 507------6971, 7009, 7010,7033, 7078 21 CFR 953 ------6836,7032,7077 571 ------7123 3------7014 7180 FEDERAL REGISTER

Page 39 CFR Page 49 CFR Page 21 CFR-Continued 7 ------6852 6917,7126,7127 41 ------7056 120------7056 176 ------7015 121------6831, 46 ------190 7132 6917-6919, 6970, 7087, 7088, 7127 48 ------7056 ------PROPOSED RULES: 56 ------7056 120------7017,7134 61 ------7056 50 CFR 7057 121 ------7017,7061 10 ------41 CFR 25 ------7060 22 CFR 18-7 ------7015 32 ------7060,7094,7132 22 ------6970 PROPOSED RULES: 256 ------7060 7110 24 CFR 50-202 ------221 ------6919 42 CFR 222 ------6919 71 ------7057 232 ------6919 237 ------6920 43 CFR 241 ------6920 PROPOSED RULES: Now Available 242 ------6921 161 ------6853 252 ------6922 PUBLIC LAND ORDERS: 254 ------6923 103 ------7094 pubic papers ofth 6923 261 ------1001 ------7094 presi.dends 263 ------6923 1087 ------6852 264 ------6923 2216 ------7094 268 ------6923 PUBLIC LAND ORDERS-Continued 269 ------6923 2446------7094 298 ------6924 2448 ------6852 Containing Public Messages, 299 ------6928 6852 2449 ------Statements, 25 CFR 2450 ------7015 Speeches and 2451 ------7094 Verbatim News Conferences 91 ------7093 26 CFR 45 CFR 7128 Volumes for the following 301 ------6970 211 ------years are now available: 29 CFR 46 CFR 1953------$6.75 1954 ------7.25 PROPOSED RULES: PROPOSED RULES: 406 7141 1955 ------6.75 ------6942 511-791 ------6939,7062 201-360------1956 ------7.25 520------7018 1957 ------6.75 47 CFR 8.25 6933,7130 1958 ------32 CFR 1------7.00 6849 1959 137 ------6929 7------1960-61 ------7.75 6849 621 ------7014 8 ------9 ------6849,6934 Federal 1712------6848 Published by the Office of the 10 ------6849 Register, National Archives and Records 33 CFR 11 ------6849 Service, General Services Administration 203 ------6982 16 ------6849 Order from Superintendent of Documents, 204 ------... . ----- 7015 PROPOSED RULES: 6982 United States Government Priting Office, 208 ------2------7150 Washington 25, D.C. 4------7150 37 CFR 7153 1------6983 15 ------