FEDERAL REGISTER VOLUME 34 • NUMBER 127 Thursday, July 3, 1969 • Washington, D.C. Pages 11177-11254

NOTICE New Location of Federal Register Office. The Office of the Federal Register is now located at Agencies in this issue— 633 Indiana Ave. NW., Washington, D.C. Documents Agriculture Department Atomic Energy Commission transmitted by messenger should be delivered to Room Business and Defense Services 405, 633 Indiana Ave. NW. Other material should be Administration delivered to Room 400. Civil Aeronautics Board Civil Service Commission Mail Address. Commodity Credit Corporation Mail address remains unchanged: Office of the Consumer and Marketing Service Federal Register, National Archives and Records Serv­ Federal Aviation Administration Federal Communications Commission ice, Washington, D.C. 20408. Federal Maritime Commission Public Inspection of Documents. Federal Power Commission Federal Reserve System Documents filed with the Office of the Federal Federal Trade Commission Register are available for public inspection in Room General Services Administration 4Q5, 633 Indiana Ave. NW., Washington, D.G., on Interior Department working days between the hours of 9 a.m. and 5 p.m. Interstate Commerce Commission Labor Standards Bureau Land Management Bureau Securities and Exchange Commission Small Business Administration Social Security Administration Detailed list of Contents appears inside. Announcing First 10-Year Cumulation

TABLES OF LAWS AFFECTED in Volumes 70-79 of the

UNITED STATES STATUTES AT LARGE

Lists all prior laws and other Federal in­ public laws enacted during the years 1956- struments which were amended, repealed, 1965. Includes index of popular name or otherwise affected by the provisions of acts affected in Volumes 70- 79.

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AGRICULTURE DEPARTMENT COMMODITY CREDIT Notices California; vacation of power See also Commodity Credit Corpo­ CORPORATION withdrawal ______11232 ration; Consumer and Market­ Notices Hearings, etc.: ing Service. Sales of certain commodities; Area rate proceeding------11232 Notices July sales list______11217 Darcesa Corp. and Skelly Oil Meat import limitations; quarterly Co ______—— 11233 estimates------11220 CONSUMER AND MARKETING Great Lakes Gas Transmission SERVICE Co ______- ______11233 Humble Oil & Refining Co. et al_ 11233 ATOMIC ENERGY COMMISSION Rules and Regulations Natural Gas Pipeline Company Notices Financial assistance for distribu­ of America______- 11233 General Electric Co.; proposed is­ tion of federally donated com- _ Ohio Fuel Gas Co------11234 suance of amendment to facility modities; payments and records Ohio Fuel Gas Co. and United license ____ —------11221 and audits______11181 Fuel Gas Co___ ,______11235 Oranges, Valencia, grown in Ari­ Pan American Petroleum Corp. zona and California; handling and Skelly Oil Co______11235 BUSINESS AND DEFENSE limitation______l — 11182 Pan American Petroleum Corp. SERVICES ADMINISTRATION Proposed Rule Making et al______11235 Texaco, Inc., et al______11235 Notices Celery grown in Florida; market­ Trustees of University of Penn­ able quantity for 1969-70 sea­ sylvania; decision on applica­ son, uniform percentage, and FEDERAL RESERVE SYSTEM tion for duty-free entry of sci­ limitation on handling______11213 Proposed Rule Making entific article------11221 Milk in southeastern Florida mar­ keting area; decision and order. 11213 Reserves of member banks; for­ eign activities of national banks; CIVIL AERONAUTICS BOARD FEDERAL AVIATION reserves against certain foreign Rules and Regulations ADMINISTRATION transactions______11214 Tariffs of certain certificated car­ Notices riers; trade agreements; in­ Rules and Regulations creased authorization for larger Control zone, transition area, and Federal Open Market Committee; intra-Alaskan carriers______11198 additional control areas; alter­ current economic policy direc­ ation ______11182 tive __ !______11235 Notices Standard instrument approach First at Orlando Corp.; applica­ Hearings, etc.: procedures; miscellaneous tion for approval of acquisition Air West, Inc., and United Air amendments______11183 of shares of bank------11236 Lines, Inc______11222 International Air Transport As­ FEDERAL COMMUNICATIONS FEDERAL TRADE COMMISSION sociation ______11223 COMMISSION Mohawk Airlines, Inc., and Rules and Regulations United Air Lines, Inc______11223 Rufes and Regulations Administrative opinions and rul­ National Airlines, Inc______11223 Citizens radio service; miscel- ings: North Central Airlines, Inc___ 11225 laneous amendments------11211 Stereo tape cartridge club; con­ Southern Airways, Inc______11225 Notices sumer credit regulations to Texas International Airlines, Common carrier services informa- • apply______11199 Inc______11225 tion; domestic public radio serv­ Use of symbols and names hav­ United Air Lines, Inc______11225 ices applications accepted for ing fur-bearing animal con­ Various post office notices____ 11226 filing______11228 notations in labeling textile Summit Broadcasting et al.; hear­ fiber products______11199 CIVIL SERVICE COMMISSION ing, etc______11230 Fair Packaging and Labeling Act; statements of general policy or Rules and Regulations FEDERAL MARITIME interpretation; manufacturer Excepted service: COMMISSION of consumer commodities____ 11199 Department of Defense______11181 Department of Labor____ -,____ 11181 Notices Entire executive civil service__11181 Boston Docks Services Associa­ GENERAL SERVICES Export-Import Bank of the tion;. agreement filed for ap­ ADMINISTRATION United States______11181 proval ______11227 Certificates of financial respon­ Rules and Regulations Notices sibility; revocations: Utilization and disposal of real Manpower shortage; Associate Europa-Canada Linie G.m.b.H__ 11227 property; notification to public Director for Program Direction, Trans-Ocean Steamship Co___ 11228 agencies of surplus property for Community Relations Service, Gateway Export Co.; revocation of zoning and acquisition pur­ Department of Justice______11238 independent ocean freight for­ poses ______11209 Noncareer executive assignments: warder license______11228 Department of Defense______11238 HEALTH, EDUCATION, AND Department of Justice______11238 FEDERAL POWER COMMISSION WELFARE DEPARTMENT Rules and Regulations COMMERCE DEPARTMENT See Social Security Administra­ Reliability and adequacy of'elec­ tion. See Business and Defense Serv­ tric service; general policy and ices Administration. interpretations______11200 (Continued on next page) 11179 11180 CONTENTS

INTERIOR DEPARTMENT Notices SMALL BUSINESS See also Land Management Fourth section applications for ADMINISTRATION Bureau. relief------11251 Motor carrier, broker, water car­ Notices Notices rier, and freight forwarder Declarations of disaster loan applications ______11240 areas: Adjustment of salaries; Adminis­ Motor carriers: trator, Southwestern Power K ansas______11239 Administration, etal______11217 Temporary authority applica­ New York______11239 Statements of changes in financial tions ___ 11251 Tennessee______11239 interests; Transfer proceedings______11253 Small business investment com­ panies: Hall, ElmerS______11217 LABOR DEPARTMENT Van Horn, Hugh C______11217 Brittany Capital Corp.; appli­ See Labor Standards Bureau. cation for license______11238 Delta Capital Corp.; approval INTERSTATE COMMERCE LABOR STANDARDS BUREAU for transfer of control of li­ COMMISSION Rules and Regulations censed company______11239 Safety and health regulations for SOCIAL SECURITY Rules and Regulations longshoring; correction______11182 Car service: ADMINISTRATION Chicago, Rock Island and Pa­ LAND MANAGEMENT BUREAU Rules and Regulations cific Railroad Co. authorized Notices Federal health insurance for the to operate over tracks of Nevada; public sale______11216 aged; hospital insurance bene­ Atchison, Topeka and Santa Opening of public lands: fits ------11201 Pe Railway Co_____ !______11211 O regon------Delaware and Hudson Railway 11216 TRANSPORTATION DEPARTMENT Co. authorized to operate over Utah ------11217 tracks of Penn Central Co__11211 See Federal Aviation Administra­ SECURITIES AND EXCHANGE tion. COMMISSION Notices Hearings, etc.: Adams Express Co______11236 American Electric Power Co., Inc ------11237 Travelers Insurance Co. and Travelers Fund for Variable Annuities______v_____ 11237

List of CFR Parts Affected The foUowing numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents pubhshed m today s issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January L 1969, and specifies how they are affected.

5 CFR 14 CFR 20 CFR 213 (4 documents)______11181 71------11182 405------;______11201 97------11183 7 CFR 225^------11198 29 CFR 251______11181 1504____ 11182 908______11182 16 CFR P roposed R ules: 15 (2 documents)______11199 41 CFR 503------967______11213 11199 101-47_____ 11209 1013______,______11213 18 CFR 47 CFR 12 CFR 2------11200 95______11211 P roposed R ules: 204______11214 49 CFR 213______11214 1033 (2 documents)______11211 11181 Rules and Regulations

GS-9 through GS-15 in the Bureau of (d) Two Special Assistants to the Title 5— ADMINISTRATIVE Work Training Programs and the other President and Chairman. for 10 positions of Manpower Develop­ (5 U.S.C. 3301,3302, E.O. 10577; 3 CFR 1954-58 ment Specialist, GS-13 through GS-15, Comp., p. 218) PERSONNEL and Manpower Development Officer, Chapter I— Civil Service Commission GS-15, in the Concentrated Employment U nited S tates Civil S erv­ Program of the Manpower Administra­ ice Commission, PART 213— EXCEPTED SERVICE [seal] James C. S pry, tion. The new authority may not be used Exécutive Assistant to Entire Executive Civil Service after June 30, 1970. Effective on pub­ lication, paragraphs (a) and (b) are the Commissioners. Section 213.3102 of Schedule A is revoked, and paragraph (c) added to [F.R. Doc. 69-7865; Filed, July 2, 1969; amended to show that youths hired for § 213.3215 as set out below. 8:48 a.m.] temporary employment during the sum­ mer on the basis of their economic or §213.3215 Department o f Labor. educational needs are designated Slim­ (a) [Revoked] mer Aids and are appointed under stand­ (b) [Revoked] Title 7— AGRICULTURE ards prescribed by the Commission. (c) Not to exceed 35 positions of Man­ Chapter II— Consumer and Marketing Effective on publication in the F ederal power Development Specialist at grades Service (Consumer Food Programs), Register, paragraph (v) of § 213.3102 is GS-9 through GS-15 in the Manpower amended as set out below. Administration. This authority may not Department of Agriculture § 213.3102 Entire executive civil serv­ be used after June 30, 1970. SUBCHAPTER B— GENERAL REGULATIONS AND ice. (5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR 1954-58 POLICIES— COMMODITY DISTRIBUTION ***** Comp., p. 218) [Arndt. 1] (v) Temporary Summer Aid positions U nited S tates Civil S erv­ PART 251— FINANCIAL ASSISTANCE whose duties involve work of a routine ice Commission, FOR DISTRIBUTION OF FEDER­ nature not regularly covered under the [seal] J ames C. S pry, General Schedule and requiring no spe­ Executive Assistant to ALLY DONATED COMMODITIES cific knowledges or skills, when filled by the Commissioners. Payments and Records and Audits youths appointed for summer employ­ [F.R. Doc. 69-7866; Filed, July 2, 1969; ment under such economic or educational 8:48 a.m.] The regulations for the operation of needs standards as the Commission may the Commodity Distribution Program (32 prescribe. A person may not be appointed F.R. 15948) are hereby amended as unless he has reached his 16th but not PART 213— EXCEPTED SERVICE follows: his 22d birthday, or employed for more 1. In § 251.8, paragraph (b) is revised than 700 hours under this paragraph. Department of Defense to read as follows: ***** Section 213.3306(a) (41) is amended to § 251.8 Payments. This paragraph shall apply only to show that the position of Deputy Assist­ ***** positions whose pay is fixed at the equiv­ ant Secretary (Near East, South Asia Af­ (b) To State agencies. C&MS shall, on alent of the minimum wage rate estab­ fairs, and MAP Policy Review), Office of a monthly basis, advance funds to each lished by the Fair Labor Standards the Assistant Secretary of Defense for State agency for its use and for payment Amendments of 1966 (currently $1.60 an International Security Affairs is removed to participating units in an amount equal hour), at the equivalent of an applicable from Schedule C. to the sum of the approved monthly ex­ State or municipal minimum wage rate (5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR 1954-58 penses to be incurred by the State agency if that is higher, or by prior agreement Comp., p. 218) and units, as set forth in the respective with the Commission, at some other rate, U nited S tates Civil S erv­ approved budgets. If the amount ad­ when an agency is precluded by law from vanced to the State agency by C&MS fixing pay at one of the foregoing rates. ice Commission, [seal] J ames C. S pry, for use in any month exceeds the ex­ (5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR Executive Assistant to penses actually incurred in connection 1954-58 Comp., p. 218) the Commissioners. with approved budgeted items for such U nited S tates Civil Serv­ [F.R. Doc. 69-7863; Filed, July 2, 1969; month, the amount to be advanced by ice Commission, 8:48 a.m.] C&MS to the State Agency for a subse­ [seal] J ames C. S pry, quent month shall be reduced by the Executive Assistant to amount of such excess. the Commissioners. PART 213— EXCEPTED SERVICE ***** [F.R. Doc. 69-7864; Filed, July 2, 1969; Export-Import Bank of the 2. In § 251.9, the last sentence is re­ 8:48 a.m.] United States vised to read as follows: Section 213.3342 is amended to show § 251.9 Records and audits. PART 213— EXCEPTED SERVICE that one additional position of Special * * * Each State agency shall submit to C&MS, each month, on a form ap-, Department of Labor Assistant to the President and Chairman proved by C&MS, a certified record of is excepted under Schedule C, and that all disbursements made under the Pro­ Section 213.3215 is amended to show the headnote is revised to reflect the that a Schedule B authority for 35 posi­ gram for the preceding month and of the tions of Manpower Development Special­ Bank’s current title. Effective on publica­ balance of funds on hand, and unobli­ ist GS-9 through GS-15 in the Man­ tion in the F ederal R egister, § 213.3342 gated, at the end of such preceding power Administration replaces two is amended as set out below. month. Schedule B authorities, scheduled to ex­ § 213.3342 Export-Import Bank of the Effective date. This amendment shall pire on June 30,1969, one for 25 positions United States. become effective upon publication in the °f Manpower Development Specialist ***** — F ederal R egister.

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11182 RULES AND REGULATIONS

N o te: The reporting and/or record-keep­ ing requirements contained herein have and effective time has been disseminated The Point Barrow Flight Service Sta­ been approved by the Bureau of the Budget among' handlers of such Valencia tion (FSS) has been operating on a part- in accordance with the Federal Reports Act oranges; it is necessary, in order to ef­ time basis (0600-2200 Monday-Friday of 1942. fectuate the declared policy of the act, and 0600-1800 Saturday-Sunday) and Dated: June 27, 1969. to make this section effective during the since the FSS provides the necessary period herein specified; and compliance communication link for air traffic control J. P hil Campbell, with this section will not require «ri y service, the effective hours of the as­ Acting Secretary. special preparation on the part of per­ sociated controlled airspace has coin­ [F.R. Doc. 69-7857; Filed, July 2, 1969; sons subject hereto which cannot be cided with the operational hours of the 8:47 a.m.] completed on or before the effective date FSS. Beginning July 24, 1969, the Point hereof. Such committee meeting was Barrow FSS will operate continuously held on July 1,1969. and air traffic control service will be Chapter IX— Consumer and Market­ (b) Order. (1) The respective quan­available on a continuous basis. There­ ing Service (Marketing Agreements tities of Valencia oranges grown in Ari­ fore, for the safety of aircraft conduct­ and Orders; Fruits, Vegetables, zona and designated part of California ing instrument flight rule operations, it Nuts), Department of Agriculture which may be handled during the period is necessary to increase the effective July 4, 1969, through July 10, 1969, are hours of controlled airspace in the Point [Valencia Orange Reg. 283] hereby fixed as follows: Barrow area. PART 908— VALENCIA ORANGES (1) District 1: 140,000 cartons; Air Traffic in the North Slope area of GROWN IN ARIZONA AND DES­ (ii) District 2: 212,000 cartons; Alaska continues to increase rapidly as IGNATED PART OF CALIFORNIA (iii) District 3: 48,000 cartons. a result of oil discoveries in the Prudhoe (2) As used in this section, “handler,” Bay area. The hours of operation of the Limitation of Handling Point Barrow FSS were recently in­ “District 1,” “District 2,” “District 3,” creased from 70 to 104 hours per week. § 908.583 Valencia Orange Regulation and “carton” have the samé meaning Prior to the increase, the average num­ 2 8 3 . as when used in said amended market­ ber of aircraft handled by the FSS was (a) Findings. (1) Pursuant to theing agreement and order. 717 per week. Since the increase in hours marketing agreement, as amended, and (Secs. 1-19, 48 Stat. 31, as amended; 7 UB C. of operation, the average has been 1717 Order No. 908, as amended (7 CFR Part 601-674) per week. A corresponding increase is 908), regulating the handling of Valencia Dated: July 2,1969. expected when the flight service station oranges grown in Arizona and designated commences 24 hour operation. part of California, effective under the F loyd F. H edlund, Since this action involves, in part, the applicable provisions of the Agricultural Director, Fruit and Vegetable use of navigable airspace outside the Marketing Agreement Act of 1937, as Division, Consumer and Mar­ United States, the Administrator has amended (7 U.S.C. 601-674), and upon keting Service. consulted with the Secretary of State the basis of the recommendations and [F.R. Doc. 69-7932; Filed, July 2, 1969; and Secretary of Defense in accordance information submitted by the Valencia 11:34 a.m.] with the provisions of Executive Order Orange Administrative Committee, es­ 10854. tablished under the said amended mar­ Since these amendments are in the in­ keting agreement and order, and upon terest of safety, the Administrator has other available information, it is hereby Title 29— LABOR determined that notice and public pro­ found that the limitation of handling of Chapter XIII— Bureau of Labor Stand­ cedure hereon are impracticable. such Valencia oranges, as hereinafter In consideration of the foregoing, Part provided, will tend to effectuate the de­ ards, Department of Labor 71 of the Federal Aviation Regulations is clared policy of the act. PART 1504— SAFETY AND HEALTH amended, effective 0901 G.m.t., July 24, (2) It is hereby further found that it REGULATIONS FOR LONGSHORING 1969, as hereinafter set forth. is impracticable and contrary to the 1. Section 71.163 (34 F.R. 5449) is public interest to give preliminary no­ Correction amended as follows: tice, engage in public rule-making pro­ In F.R. Doc. 69-3617, appearing at page a. In Betties, Alaska, “This additional cedure, and postpone the effective date 6150, in the issue for Friday, April 4,1969, control area is effective during the spe­ of this section until 30 days after pub­ delete the 8th line in § 1504.102(a) (1) cific dates and times established in ad­ lication hereof in the F ederal R egister and insert instead “the particular hazard, vance by a Notice to Airmen and con­ (5 U.S.C. 553) because the time interven­ equipment shall”. tinuously published in the Alaska Air­ ing between the date when information man’s Guide and Chart Supplement.” is upon which this section is based became deleted. available and the time when this section b. In Umiat/Point Barrow, Alaska, all must become effective in order to effectu­ after “Point Barrow, Alaska, RBN.” is ate the declared policy of the act is in­ Title 14— AERONAUTICS AND deleted. sufficient, and a reasonable time is per­ c. In Point Barrow/Barter Island, mitted, under the circumstances, for SPACE Alaska, all after “Barter Island, Alaska, preparation for such effective time; and RBN;” is deleted. good cause exists for making the pro­ Chapter I— Federal Aviation Adminis­ visions hereof effective as hereinafter set tration, Department of Transporta­ 2. In § 71.171 (34 F.R. 4557) Point Bar- forth. The committee held an open meet­ tion row, Alaska, is amended by deleting all ing during the current week, after giving after “8 miles west of the RBN.” due notice thereof, to consider supply and SUBCHAPTER E— AIRSPACE 3. In § 71.181 (34 F.R. 4637) Point market conditions for Valencia oranges [Airspace Docket No. 69-WA-23] Barrow, Alaska, is amended by deleting and the need for regulation; interested all after “longitude 156° 43'00" W.” PART 71— DESIGNATION OF FEDERAL persons were afforded an opportunity to (Seos. 307(a), 1110, Federal Aviation Act of submit information and views at this AIRWAYS, CONTROLLED AIRSPACE, 1958; 49 U.S.C. 1348, 1510; Executive Order meeting; the recommendation and sup­ AND REPORTING POINTS 10854, 24 F.R. 9565; sec. 6(c), Department of porting information for regulation dur­ Transportation Act; 49 U.S.C. 1655(c) ) Alteration of Control Zone, Transition ing the period specified herein were Issued in Washington, D.C., on June 27, promptly submitted to the Department Area, and Additional Control Areas 1969. after such meeting was held; the provi­ The purpose of these amendments to T. McCormack, sions of this section, including its effec­ Part 71 of the Federal Aviation Regula­ Acting Chief, Airspace, tive time, are identical with the aforesaid tions is to increase the effective hours of and Air Traffic Rides Division. recommendation of the committee, and controlled airspace near Point Barrow, [F.R. Doc. 69-7862; Filed, July 2, 1969; information concerning such provisions Alaska. 8:48 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 RULES AND REGULATIONS 11183

SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Reg. Docket No. 9664; Amdt. 656] PART 97— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Amendmenfs The amendments to the standard instrument approach procedures contained herein are adopted to become effective when indicated in order to promote safety. The amended procedures supersede the existing procedures of the same classifi­ cation now in effect for the airports specified therein. For the convenience of the users, the complete procedure is republished in this amendment indicating the changes to the existing procedures. — „ ^ . As a situation exists which demands immediate action in the interests of safety in air commerce, I find that compliance with the notice and procedure provisions of the Administrative Procedure Act is impracticable and that good cause exists for making this amendment effective within less than 30 days from publication. In view of the foregoing and pursuant to the authority delegated to me by the Administrator (24 F.R. 5662), Part 97 (14 CFR Part 97) is amended as follows: „ „ ...... _ 1. By amending § 97.11 of Subpart B to amend low or medium frequency range (L/MP), automatic direction finding (ADF) and very high frequency omnirange (VOR) procedures as follows: S tandard I n stru m en t Approach P rocedure—T ype NDB (ADP) Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles...... , . . . , If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums 2-engine or less More than Course and Minimum 2-engine, From— To— distance altitude Condition 65 knots More more than (feet) or less than 65 65 knots knots

Grand Beach Int...... —...... MGC RBn (final)...... Direct...... 1250 T-dn__...... 300-1 300-1 200- MGC RBn ______Direct— ...... 2300 C-dn...... 600-1 600-1 600-1^ W estville IntJ...... -...... *6...... MGC R B n...... ______Direct...... 2300 S-dn-20______600-1 600-1 600-1 A-dn...... NA NA NA

Procedure turn E side of crs, 010° Outbnd, 190° Inbnd, 2300' within 10 miles. Minimum altitude over facility on final approach crs, 1250'. Facility on airport. . If visual contact not established upon descent to authorized landing mimmums or if landmg not accomplished within 0 mile of MGC RBn, climb to 2300' on crs 190° and return to RBn. Notes: (l) Use South Bend altimeter setting. (2) Procedure not authorized between 0200-1300. Caution: 730' MSL (80' AGL) light pole 450' W of Runway 20 centerline and 400' past threshold. MSA within 25 miles of facility: 000°-090°—2100'; 090°-180°—2900'; 180°-360°—2100'. City, Michigan City: State, Ind.; Airport name, Michigan City; Elev., 650'-Fac. Class., MHW; Ident., MGC; Procedure No. N D B (ADF) Runway 20, Amdt. 2; Eff. date, 24 July 69; Sup. Amdt. No. 1; Dated, 25 Nov. 67 2. By nmonriing § 97.11 of Subpart B to delete low or medium frequency range (L/MF), automatic direction finding (ADF) and very high frequency omnirange (VOR) procedures as follows: Atlanta, Ga.—Fulton County, NDB (ADF)-l, Amdt. 3, 3 June 1967 (established under Subpart C). Rome, Ga.—Russell Field, ADF 1, Amdt. 2, 2 Apr. 1966 (established under Subpart C). Atlanta, Ga.—Fulton County, VOR-1, Amdt. 9, 3 June 1967 (established under Subpart C). Cedartown, Ga.—Cornelius-Moore Field, VOR-1, Orig., 4 Jan. 1968 (established under Subpart C). Grand Island, Nebr.—Municipal, VOR Runway 13, Amdt. 6, 13 Feb. 1969 (established under Subpart C). Grand Island, Nebr.—Municipal, VOR Runway 17, Amdt. 10, 13 Feb. 1969 (established under Subpart C). Lakeland, Fla.—Lakeland Municipal, VOR Runway 4, Orig., 28 Jan. 1967 (established under Subpart C). Rome, Ga.—Russell Field, VOR 1, Amdt. 3, 2 Apr. 1966 (established under Subpart C). Vero Beach, Fla.—Vero Beach Municipal, VOR 1, Amdt. 6, 3 Apr. 1965 (established under Subpart C). 3. By amending § 97.11 of Subpart B to cancel low or medium frequency range (L/MF), automatic direction finding (ADF) and very high frequency omnirange (VOR) procedures as follows: |i§ Agana, Guam—NAS Agana, ADF 2, Amdt. 3, 6 June 1964, canceled, effective 24 July 1969. Agana, Guam—NAS Agana, VOR 1, Amdt. 1, 30 Mar. 1963, canceled, effective 24 July 1969.

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11184 RULES AND REGULATIONS 4. By amending § 97.15 of Subpart B to amend very high frequency omnirange-distance measuring equipment (VOR/DME) procedures as follows: Standard I nstrument Approach P rocedure—T ype VÖR/DME Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums 2-engine or less More than Course and Minimum From— To— distance altitude Condition 65 knots More more than (feet) or less than 65 65 knots knots

LTA VO R______10-mile DME Fix, R 115°_____ Direct______11,000 T-n%...... 2500-4 2500-4 2500-4 10-mile DME Fix, R 115° 12-mile DME Fix, R 115°______Direct______10,400 T-d%______1000-3 1000-3 1000-3 Marklee IntJ-...... Richardson Int______Direct______13,000 C-dn*______2500-4 2500-4 2500-4 Richardson Int______12-mile DME Fix, R 115°...... D irect...... 11,000 S-dn______NA NA NA 12-mile DME Fix, R 115°. 18-mile DME Fix, R 115° (final) Direct______8800 A -dn_...... NA NA NA

Procedure turn N side of R 115°, 295° Outbnd, 115° Inbnd, 11,000' within 10 miles of 12-mile DME Fix R 115°. Minimum altitude over 10-mile DME Fix, R 115°, 11,000'; 12-mile DME Fix, R 115°, 10,400'; 18-mile DME Fix, R 115°, 8800' on final approach crs. Crs and distance, 18-mile DME Fix, R 115° to airport, 165°—4.2 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished at 18-mile DME Fix, R 115°, turn left and climb northwest- bound on R 115° to 11,000'; hold SE of 10-mile DME Fix, R 115° (295° Inbnd), right turns, 1-minute pattern. N otes: (1) Approach not authorized for 4-engine turbojets over 60,000 pounds. (2) Air carrier will not reduce landing or takeoff visibility due to local conditions. Caution: High terrain all quadrants. Lee side turbulence and down drafts may be encountered on final approach When winds aloft exceed 20 knots. Heavy icing and severe turbulence should be expected during storm conditions. %After takeoff, climb in VFR conditions to cross 18-mile DME Fix, R 115° of LTA VOR at or above 8500' and climb northwestbound on R 115°. Upon reaching 10,400', aircraft cleared north- or south-bound via V28/113, reverse crs to the right to cross Richardson Int at or above 11,000'. *Use Lake Tahoe altimeter setting. Approach not authorized when Lake Tahoe Tower not in operation. MSA within 25 miles of facility: 000°-0?0°—13,000'; 090°-180°—12,900'; 180°-270°—11,000'; 270°-360°—11,100'. City, South Lake Tahoe; State, Calif.; Airport name, Lake Tahoe; Elev., 6262'; Fac. Class., L-B VORTAC; Ident., LTA; Procedure No. VOR/DME-1, Amdt. 2; Eff. date, 24 July 69; Sup. Amdt. No. 1; Dated, 25 Mar. 67 5. By amending § 97.15 of Subpart B to delete very high frequency omnirange-distance measuring equipment (VOR/DME) procedures as follows: Cordele, Ga.—Cordele, VOR/DME No. 1, Orig., 28 Apr. 1966 (established under Subpart C). Eastman, Ga.—Eastman-Dodge Co., VOR/DME-1, Orig., 26 Aug. 1967 (established under Subpart C). Grand Island, Nebr.—Municipal, VOR/DME Runway 35, Amdt. 3, 13 Feb. 1969 (established under Subpart C). 6. By amending § 97.17 of Subpart B to amend instrument landing system (ILS) procedures as follows: Standard I nstrument Approach P rocedure—T ype ILS Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated,- except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums 2-engine or less More than Course and Minimum From— To— distance altitude Condition 65 knots More more than (feet) or less than 65 65 knots knots

FOT VOR______- ...... _____ SE crs ILS (final)...... FOT R 034° 13.6 3500 T-dn$. ______. 300-1 300-1 200-J^ miles. SE crs IL S ,..______----- ____OM (final)...... ______SE crs IL S ._____ 1800 C-dn** 500-1 500-1 500-2 14-mile DME FOT, R 136°— ...... Eneeland Int...... 14-mile CCW arc.. 5500 S-dn-31 #_____ - 200-K 200-M 200-M Yager I n t..______Kneeland Int...... SE crs ILS______5500 A-dn___...... 800-2 800-2 800-2 Kneeland In t-...... ______OM (final)______----- ______SE crs ILS______1800

Procedure turn not authorized. Minimum altitude at glide slope interception Inbnd from FOT VOR 3500'; from Kneeland Int 55007. Altitude of glide slope and distance to approach end of runway at OM 1800'—4.7 miles; at MM 460'—0.6 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished make a left-climbing turn, climb to 2000' on crs of 295° from the LMM to Trinidad Int. . N otes: (l) Procedure not authorized with any component of the ILS or airborne receiver inoperative except the approach lights. 300-^ required if approach lights are in­ operative. (2) Back crs unusable. (8) Runway marking nonstandard. Solid bar at 1000' and triangular arrowhead at 2000' from threshold. **Caution: All manuevering W of airport. High terrain E. #RVR 2400'. Descent below 417' not authorized unless ALS visible. $RVR 2400' authorized Runway 31. City, Arcata-Eureka; State, Calif.; Airport name, Areata; Elev., 217'; Fac. Class., ILS; Ident., I-ACV; Procedure No. ILS Runway 31, Amdt. 12; Eff. date, 24 July 69; Sup. Amdt. No. ILS-31, Amdt. 11; Dated, 22 Oct. 66

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 RULES AND REGULATIONS 11185

7. By amending § 97.19 of Subpart B to delete radar procedures as follows: Atlanta, Ga.—Pulton County, Radar 1, Arndt. 4, 18 Feb. 1967 (established under Subpart C). 8. By amending § 97.19 of Subpart B to cancel radar procedures as follows: Agana, Guam—NAS Agana, Radar 1, Arndt. 3, 26 Feb. 1966, canceled, effective 24 July 1969. 9 By amending § 97.23 of Subpart C to establish very high frequency omnirange (VOR) and very high frequency-distance measuring equipment (VOR/DME) procedures as follows: STANDARD INSTRUMENT APPROACH PROCEDURE---TYPE VOR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT. HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of ieet KVR, _, . , _ ■ • If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach I^ocedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum To— Via altitudes MAP: 6 miles after passing Warren Int. From— (feet)

Warren Int. H B R , R 223°. 3000 Climb to 3000' on H BR R 223° within 20 HBRVOR miles.

Procedure turn not authorized. _ ,, FAF, Warren Int. Final approach crs, 223°. Distance FAF to MAP, 5 miles. Minimum altitude over Warren Int., 3000'. Notes: (1) Radar vectoring. (2) Use Altus AFB altimeter setting. D ay and N ight Minimums

A B ______C______D _ C°nd' MDA VIS HAA MDA VIS HAA VIS VIS

C...... _...... 1820 1 394 1880 1 454 NA NA A...... Not authorized. T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Altus; State, Okla.; Airport name, Altus Municipal Field; Elev., 1426'; Facility, HBR; Procedure No. VOR-1, Arndt. Orig.; Eff. date, 24 July 69

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: FT Y VOR. (feet)

Radar vector to final approach crs. Climbing left turn to 3000' proceed to Wade Int via FT.Y VOR R 275° and hold, or as directed by ATC. Supplementary charting information: Hold W, 1 minute, left turns, 095° Inbd. REIL, Runway 8.

Procedure turn not authorized. Approach crs (profile) starts at Wade Int. Final approach crs, 095°. Minimum altitude over Wade Int, 3000'; over Margaret Int, 2600'; oyer Terry FM, 152(K. MSA: 000°-180°—3100'; 180°-270°—2700'; 270°-360°—2900'. Notes: (1) Radar required. (2) ASR. D ay and Night Minimums

A B C D MDA VIS HAA MDA VIS HAA MDA VIS HAA VIS

C...... 1520 1 680 1520 1 680 1520 1J2 680 NA Dual VOR/FM/ADF: MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 1380 1 540 1380 1 540 1480 1M 640 NA A...... Standard. T 2-eng. or less—Standard. T over 2-eng.—Standard.

City. Atlanta; State, Ga.; Airport name, Fulton County; Elev., 840'; Facility, FTY; Procedure No. VOR-1, Amdt. 10; Eff. date, 24 July 69; Sup. Arndt. No. 9; Dated, 3 June 67

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 No. 127----- 3 11186 RULES AND REGULATIONS

Standard I nstrument Approach P rocedure—T ype VOR— Continued

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 8.5 miles after passing RMG VOR. (feet) RMG N D B .. Dalton Int...... Climbing right turn to 3000' proceed to Kennesaw Int RMG VOK via R 189° and hold. Supplementary charting information: Hold S, 1 minute, right turns, 349° Inbnd. Final approach crs to center of landing area.

?A°w6dRM rFvrvo*1!? 0iiCrS’ 0000 P utbnd> | 89° Inbnd, 3000' within 10 miles of RM G VO R. FAP, RM G V O R . Final approach crs, 189°. Distance FAF to MAP, 8.5 miles. Minimum altitude over RM G VO R, 2000'. MSA: 000°-090°—SyOO7; 090°-180°—3300'; 180°-270°—3700'; 270°-360°—3500'. N otes: (Ij Use Rome, Ga., altimeter setting. (2) No weather reporting.

Day and Night Minimums

Cond. ------:______5 ______^ ______I> MBA VIS HAA MDA VIS HA A VJS yJs

C" ...... -...... 1700 1 727 1700 1 727 N A NA A ...... Not autho™ed. T2-eng. or less-Standard. T over 2-eng.-Not authorized.

City, Cedartown; State, Ga.; Airport name, Cornelius-Moore Field; Elev., 973,;_Facility, RMG; Procedure No. VOR-1, Arndt. 1; EH. date, 24 July 69; Sup. Arndt. No. Orig.- Dated, 4 Jan. 68 ^ *****

Terminal routes/ Missed approach From— Minimum To— Via altitudes MAP: OHM VOR. (feet)

Climbing right turn to 2600' to GHM VOR and hold. Supplementary charting information: Hold S, 1 minute, right turns, 354° Inbnd. 935' antenna J-g mile NW.

Procedure turn E side of crs, 174° Outbnd, 354° Inbnd, 2600' within 10 miles of GHM VOR Final approach crs, 354°. u ’ MSA: 000°-090°—2200'; 090°-180°—1900'; 180°-270°—2000'; 270°-360°—2200' Notes: (1) Night and circling minimums not authorized. (2) Use Nashville FSS altimeter setting. (3) Approach clearance from MEM ARTCC. % Day and Night Minimums

Cond. — ------—______^ ®______D ______MDA VIS HAT MDA VIS HAT VIS VE3

S_2— ...... — - 1480 1 712 1480 . 1 712 NA NA A ...... Not authorized. T 2*ng. or less-Standard. . T over 2*eng.—Not authorized.

City, Centerville; State, Tenn.; Airport name. Municipal; Elev., 768'; Facility, GHM; Procedure No. VOR Runway 2, Arndt. Orig.; Eff. date, 24 July 69

FEDERAI REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3 , 1969 RULES AND REGULATIONS 11187

Standard I nstrum ent Approach P rocedure—Ttpe VOR—Continue«!

Terminal routes Missed approach Minimum T o - Via altitudes MAP: GRI VORTAC. From— (feet)

_ GRI VORTAC...... -...... Direct...... 3700 Climbing left turn to 3200' on GRI R 35 OBH VORTAC-...... - ...... R 293°, GRI VO RTAC______10-mile DME Arc...... 3500 within 10 miles, return to G R R 231°, GRI VORTAC CW...... R 293°, GRI VO R TAC ______10-mile DME Arc...... 3500 VORTAC. R 074°; GRI VORTAC CCW...... 2700 Supplementary charting information: 10-mile DME Arc...... 3-mÜe DME Fix/Evers Int (N O P T ).. R 293°...... Final approach crs intercepts runway centerline extended 5000' from threshold. Runway 13 TDZ elevation, 1840'.

Procedure tum S side of crs, 293° Outbnd, 113° Inbnd, 3200' within 1Ö miles of GRI VORTAC. Minimum altitude over 3-mile DME Fix/Evers Int, *^ ® ^ ^ 2^ ^ ofr(mal0-mile DME Arc). MSA: 000o-090o—3100'; 090°-180°—4100'; 180°-270°—3800 ; 270 -360 —3300\ DAT and Night Minimums

D A » C Cond. VIS HAT MDA . VIS HAT MDA VIS HAT MDA VIS HAT MDA

2460 1 620 2460 1 620 2460 1 620 8-13___ -...... 2460 1 620 HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS 1 614 2460 m 614 2460 2 614 c .______2460 1 614 2460 Dual VOR or VOR/DME Minimums: VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA 360 2200 1 360 2200 1 360 S-13...... 2200 1 360 2200 1 HAA MDA VIS HAA MDA VIS . HAA MDA VIS HAA MDA VIS 454 2300 m 454 2400 2 554 C...... 2260 1 414 2300 1 T over 2-eng.—Standard. A...... _____Standard. T 2-eng. or less—Standard.

City, Grand Island; State, N ebr, Airport name, Municipal; Elev., 1846'; Pro^dure No. VOR Runway 13, Arndt. 7; E ft date, 24 July 69; Sup. Arndt. No. 6;

Terminal routes Missed approach Minimum To— Via altitudes MAP: GRI VORTAC. (feet)

Climbing left turn to 3200' on GRI R 350- A p n v n p T a , - GRI VORTAC______Direct------— ------3700 OBH VORTAC ' ______10-mile DME Fix, R 350° GRI VOR- OBH, R 160° and GRI, R 350 3500 within 10 miles, return to GRI VOR TAC. TAC. 3500 Supplementary charting information: R 263°, GRI VORTAC CW______R 350°, GRI VO RTAC...... ‘f rC...... 3500 Runway 17 TDZ elevation, 1843'. R 074°, GRI VORTAC CCW...... R 350°, GRI VORTAC ...... DME Arc- " ...... 10-mile DME Fix ...... - ...... 3-mile DME Fix (N O P T )„...... - R350 ...... 2500

Procedure tufiì W side of crs, 350° Outbnd, 170° Inbnd, 3200' within 10 miles of GRI VORTAC. Final approach crs, 170°. , ____ . Minimum altitude over 3-mile DME Fix, *2260 (*2500' from 10-mile DME Fix). MSA: 045°-135°—4100'; 135°-225°—4100'; 225°-315°—3300'; 315°-045°—33001. N otes: (1) Inoperative table does not apply to HIRL Runway 17. (2) Sliding scale not authorized. D ay and Night Minimums

A B ...... C ______5 ______Cond- MDA Ü ï” MDA VIS HAT MDA VIS HAT MDA VIS HAT

S-17 ...... 2260 1 417 2260 1 417 2260 1 417 2260 1 417 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA

C _ 2260 1 414 2300 1 454 2300 î}6 454 2400 2 554

VOR/DME Minimums: MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S-17...... 2200 1 357 2200 1 357 2200 1 357 2200 1 357 A...... Standard. T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Grand Island; State, Nebr.; Airport name, Municipal; Elev., 1846'; Facility, GRI; Procedure No. VOR Runway 17, Arndt. 11; Eft. date, 24 July 69; Sup. Arndt. No. 10; Dated, 13 Feb. 69

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11188 RULES AND REGULATIONS

Standard I nstrument Approach P rocedure—T ype YOB—Continued

Terminal routes Missed approach

From— Minimum T o - Via altitudes MAP: LAL VOBTAC. (feet)

R 153°, LAL VOBTAC CW...... B 232°______R 350°, LAL VOBTAC C C W ... Turn right., climb to 2500' direct to LAL 8-mile Arc...... 1700 VOBTAC and hold. ____ R 232°______Supplementary charting information: Fi­ nal approach crs intercepts runway centerfine 3550' from threshold. Hold SW, 1 minute, right turns, 052° Inbnd. LARCO 122.1 R. Chart two 1549' towers in procedure turn area and water tank 288', 27°58'25"/ 82°00'40". Runway 4, TDZ elevation, 136'.

Procedure turn S side of crs, 232° Outbnd, 052° Inbnd, 2500' within 10 miles of LAL VOBTAC Final approach crs, 052°. MSA: 000°-180°—1700'; 180°-270°—2600'; 270°-360°—1600'. N otes: (1) Badar vectoring. (2) Use Tainpa, Fla., altimeter setting. •Night operations Runways 13-31 not authorized. Day and Ntght Minimums

Cond. ------B .______'______2 ______^ ______MPA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT

8_4*...... 720 1 584 720 1 584 720 1 584 720 l\£ 684 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA

C*...... 720 1 576 720 1 576 720 1y2 576 720 2 576 A ...... Not authorized. T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Lakeland; State, Fla.; Airport name, Lakeland Municipal; Kiev., 144'; Facility LAL; Procedure No. VOB Eunway 4, Arndt. 1; Eff. date, 24 July 69; Sup. Arndt. No. Orig.; Dated, 28 Jan. 67

Terminal routes ' Missed approach

From— Minimum To— ' Via altitudes MAP: 5 miles after passing Donaldson Int. (feet)

...... — Donaldson Int (NOPT)_,,__...... Direct...... 2400 Climb straight ahead to 2400' within 10 miles, return to Donaldson Int. Supplementary charting information: Tower 1050', 2.6 miles S of airport.

Procedure turn S side of crs, 259° Outbnd, 079° Inbnd, 2400' within 10 miles of Donaldson Int FAF, Donaldson Int. Final approach crs, 079°. Distance FAF to MAP, 5 miles Minimum altitude over Donaldson Int, 2400'. MSA: 000°-090°—3000'; 090°-180°—2300'; 180°-360°—2200'. N otes: (1) Use South Bend altimeter setting. (2) Dual VOR receivers required.

Day and N ight Minimums

Cond. ------®______c D MDA VIS HAT MDA VIS HAT VIS VIS

8-10...... 1240 1 444 1240 1 444 NA NA MDA VIS HAA MDA VIS HA A C...... - ...... — !280 1 484 1280 . 1 484 N A NA A ------N ot authorized. T 2-eng. or less-Standard. T over 2-eng.-Standard.

City, Plymouth; State, Ind.^ Airport name, Plymouth Municipal; Elev., 796'; Facility, OXI; Procedure No. VOB Bunway 10, Arndt. Orig.; Eff. date, 24 July 69

FEDERAL REGISTER, V O L 34, NO. 127— THURSDAY, JULY 3, 1969 RULES AND REGULATIONS 11189

Standard I nstr u m en t A pproach P rocedure—T ype VOR—-Continued

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 3 miles after passing Shannon Int. (feet)

RMG ND B----- ...... RM GVOR______...... Direct______3300 Climbing right turn to 3000' proceed to Dalton Int...... RM GVOR______Direct______3500 RMG VOR via R 349° and hold. Kennesaw Int— ...... RMGVOR...... _____ Direct..^...... 3000 Supplementary charting information: Hold S, 1 minute, right turns, 349° Inbnd. Final approach crs to runway threshold. LRCO 122.2, 123.6. Runway 36, TDZ elevation, 635'.

Procedure tumW side of crs, 169° Outbnd, 349° Inbnd, 3000' within 10 miles of RMG'VOR. FAF, Shannon Int. Final approach crs, 349°. Distance FAF to MAP, 3 miles. Minimum altitude over RM GVOR, 3000’; over Shannon Int, 1700'. MSA: 000°-090°—3900’; 090°-180°—3300’; 180°-270°—3700'; 270°-360°—3500'. Note: VOR and ADF receiver required for this approach. #Alternate minimums authorized only for operators with approved weather reporting service. *Night minimums not authorized for Runways 7-25,13-31. Caution: Unlighted trees and terrain 1182’, V/i mileWNW of airport. D ay and Night Minimums

A BC D Cond. MDA VISHATMDAVIS HAT MDA VISHAT VIS

S-36*...... ______1060 1 425 1060 1 425 1060 1 425 NA MDAVIS HAA MDA VIS HAAMDA VIS HAA

C*...... ______1360 1 716 1360 1 716 1500 1A 856 NA A...... Standard.* T 2-eng. or less—Standard. T over 2-eng.-—Standard.

City, Rome; State, Ga.; Airport name, Russell Field; Elev., 644'; Facility, RMG; Procedure No. VOR Runway 36, Arndt. 4;-Eff. date, 24 July 69; Sup. Arndt. No. VOR 1, Arndt. 3; Dated, 2 Apr. 66 ' \ ;

Terminal routes Missed approach Minimum MAP: 3.6 miles after passing VRB VOR- From— To— Via altitudes TAC. * (feet),

R 143°, VRB VORTAC CW______R 291°...... 7-mile Arc. 1500 Turn left, climb to 2000' direct to VRB R 341°, VRB VORTAC CCW______R 291°...... 7-mile Arc. 1500 VORTAC and hold. 7-mile Arc...... VRB VORTAC (NOPT)...... R 291°____ 1000 Supplementary charting information: Hold W, 1 minute, right turns, 111° inbnd. Chart W-497, 7.6 miles E of airport. Runway 11, TDZ elevation, 23'.

Procedure turn S side of crs, 291° Outbnd, 111° Inbnd, 1500' within 10 miles of VRB VORTAC. FAF, VRB VORTAC. Final approach crs, 111°. Distance FAF to MAP, 3.6 miles. Minimum altitude over VRB VORTAC, 1000'. MSA: 000°-090°—1300'; 090°-180°—1600'; 180°-270°—1400'; 270°-360°—1500'. Night operations Runways 18-36 not authorized. Day and Night Minimums

A B O D MDAVIS HAT MDA VISHAT MDA VIS HAT MDA VIS HAT

-11* 1 397 420 1 397 420 1 397 420 1 397 MDA VIS HAA MDA VISHAA MDA VIS HAA MDA VIS HAA 1 456 480 1 456 520 VA 496 580 2 556 L.„_ T 2-eng. or less—S tandard. T over 2-eng.-—Standard.

%, Vero Beach; State, Fla.; Airport name, Vero Beach Municipal; Elev., 24'; Facility, VRB; Procedure No. VOR Runway 11, Arndt. 7; Efif. date, 24 July 69; Sup. Arndt. No. VOR 1, Arndt. 6; Dated, 3 Apr. 65

FEDERAL REGISTER, V O L 34, NO. 127— THURSDAY, JULY 3, 1969 11190 RULES AND REGULATIONS

Standard I nstrument Approach P rocedure—T ype VOR/DME Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond’ with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum From— To— , Via altitudes MAP: 19.4-mile DM E Fix, R 156°. (feet)

BMG VORTAC...... — ------14-mile DM E Fix (NOPT)------BMG, R 156°...... 2500 Climb to 2500', left turn, and return to R 260°, BMG VORTAC CCW...... R 156°, BMG VORTAC...... 14-mile D M E Arc...... 2500 14-mile DM E Fix, R 156° and hold.* R 100°, BMG VORTAC CW------R 156°, BMG VORTAC------14-mile DM E Arc______2500 Supplementary charting information: •Hold N 2 miles, left turn, 156° Inbnd. Runway 13, TDZ elevation, 728'.

Procedure tum E side of crs, 336° Outbnd, 156° Inbnd, 2500' within 10 miles of 14-mile D M E Fix BMG, R 156°. Final approach crs, 156°. Minimum altitude over 14-mile DM E Fix BMG, R 156°, 2500'. MSA: 000°-090°—3100'; 090°-180°—2500'; 180°-360°—2300'. Note: Use Bloomington altimeter setting; if unable, use Indianapolis altimeter setting and increase MDA ISC'. D ay and Night Minimums

* A BC D Cond. MDAVIS HAT MDAVISHAT MDAVISHAT VIS

S-13___ 1260 1 532 1260 1 532 1260 1 532 NA MDAVISHAA MDA VISHAAMDA VISHAA C...... ______1300 1 572 1300 1 572 1300 IX 572 NA A...... Not authorized. T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Bedford; State, Ind.; Airport name, Virgil I. Grissom Municipal Elev., 728'; Facility, BMG; Procedure No. VOR/DME Runway 13, Arndt. Orig.; Eff. date, 24 July 69

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 19-mile DME Fix. (feet)

D BN VOR___ VNA VORTAC (NOPT)______Direct. 3000 Climb to 2000', right turn, proceed to VNA Oconee Int...... VNA VORTAC (NOPT)...... Direct. 3000 VORTAC via R 225° and hold. Dodge Int...... VNA VORTAC (NOPT)...... Direct. 3000 Supplementary charting information: Fort Valley Int. VNA VORTAC (NOPT)______. . . . Direct. 2000 Hold N E , 1 minute, right turns, 225° Bonaire Int___ VNA VORTAC (NOPT)...... Direct. 2000 Inbnd. Cary Int...... VNA VORTAC (NOPT)...... Direct. 3000 Final approach crs to runway threshold.

Procedure tum N side of crs, 045° Outbnd, 225° Inbnd, 2000' within 10 miles of VNA VORTAC. Final approach crs, 225°. Minimum altitude over VNA VORTAC, 2000'; over 14-mile DME Fix, 2000'. MSA: 000°-090°—2600'; 090°-180°—1900'; 180°-270°—1700'; 270°-360°—1800'. Notes: (1) Radar vectoring. (2) Use Albany, Ga., NAS altimeter setting. (3) No weather reporting. (4) Night operation not authorized on Runways 4-22/13-31. Day and N ight Minimums

MDA VIS HAT MDA VIS HAT MDA VIS HAT VIS

8-22...... 880 1 672 880 1 572 880 IX 572 NA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 1080 1 772 1080 1 772 1080 1M 772 NA A ...... - ...... - ...... Not authorized. T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Cordele; State, Ga.; Airport name, Cordele; Elev., 308'; Facility, VNA; Procedure No. VOR/DMEf Runway 22, Arndt. 1; Eff. date, 24 July 69; Sup. Arndt. No. VOB/ DME No. 1, Orig.; Dated, 28 Apr. 66

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 RULES AND REGULATIONS 11191

Standard I nstrument Approach P rocedure—T ype VOR/DME—Continued

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 18.8-mile DME Fix. (feet)

VNA VORTAC...... 7-mile DME Fdx______VNA, R 089°...... _____ 2000 Climb to 2000', left turn, proceed to VNA VNA VORTAC, R 360° CW______...... VNA VORTAC, R 089°______7-mile DME Are______...... 2000 VORTAC via R 089° and hold. VNA VORTAC, R 180° CCW...... VNA VORTAC, R 089°...... 7-mile DME Arc._...... 2000 Supplementary charting information: 7-mile DME Fix...... ______15-mile DME Fix______VNA, R 089°...... _____ 2000 Hold W, 1 minute, right turns, 089° Inbnd. Final approach crs to center of landing area.

Procedure turn not authorized. Approach crs (profile) starts at the 7-mile DME Fix. Final approach crs, 089°. Minimum altitude over VNA VORTAC, 2000'; over 7-mile DME Fix, 2000'; over 15-mile DME Fix, 2000'. MSA: 000°-090°—2600'; 090°-180°—1900'; 180°-270°—1700'; 270°-360°—1800'. Notes: (1) Use Macon, Ga., APC altimeter setting. (2) No weather reporting. D ay and Night Minimums

A B C D Cond. MDA VIS HAA MDA VIS HAAMDA VIS HAA VIS

C...... ____ 860 1 554 860 1 554 860 iy2 554 NA A...... Not authorized. T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Eastman; State, Ga.; Airport name, Eastman-Dodge County; Elev., 306'; Facility, VNA; Procedure No. VOR/DME-1, Arndt. 1; Eff. date, 24 July 69; Sup. Arndt. No. Orig.; Dated, 26 Aug. 67

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 1.6-mile DME Fix. (feet)

0BH VORTAC...... GRI VORTAC...... Direct...... 3700 Climb to 3700' on GRI R 350° within 10 GRI VORTAC...... _...... 7-mile DME Fix, R 170° GRI Direct...... 3700 miles, return to GRI VORTAC. VORTAC. 12-mile DME Are. 3700 Supplementary charting information: R 074°, GRI VORTAC CW._...... R 170°, GRI VO RTAC...... 12-mile DME Are. 3700 Runway 35, TDZ elevation, 1846'. R 263°, GRI VORTAC CCW...... R 170°, G RI VO RTAC...... D ir e c t...... 3700 HSI VOR...... 12-mile DME Fix, R 170° GRI R 170°...... 3500" VORTAC. 12-mile DME Are...... 7-mile DME Fix (NOPT)......

Procedure tum E side of crs, 170° Outbnd, 350° Inbnd, 3700' within 10 miles of 7-mile DME Fix, R 170° GRI VORTAC. Final approach crs, 350°. Minimum altitude over 7-mile DME Fix, 3500'. MSA: 045°-135°—4100'; 135°-225°—4100'; 225°-315°—3300'; 315°-045°—3300'.

Day and Night Minimums

A B C D Cond. ------■ MDA . VIS HAT MDA VIS HAT MDA VIS HAT MDA * VIS HAT

*‘38...... 2340 % 494 2340 H 494 2340 H 494 2340 1 494 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA ...... - ...... 2340 1 494 2340 1 494 2340 l^i 494 2400 2 554 ^ ...... Standard. T 2-eng. or-ess—Standard. T over 2-eng.—Standard.

City, Grand Island; State, Nebr.; Airport name, Municipal; Elev., 1846'; Facility, GRI; Procedure No. VOR/DME Runway 35, Arndt. 4; Eff. date, 24 July 69; Sup. Arndt; No. 3; Dated, 13 Feb. 69

FEDERAL REGISTER, V O L 34, NO. 127— THURSDAY, JULY 3, 1969 11192 RULES AND REGULATIONS 10. By amending § 97.23 of Subpart C to amend very high frequency omnirange (VOR) and very high frequency-distance measuring equipment (VOR/DME) procedures as follows: Standard I nstrument Approach P rocedure—Type VOR ■ Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall corresDomi with those established for en route operation in the particular area or as set forth below. ^ * —

Terminal routes Missed approach Minimum MAP: 6.8 miles after passing JAX From— To— Via altitudes VORTAC. (feet)

JAX N DB.i...... JAX VORTAC______Direct______2000 Turn left, climb to 2000' direct to JAX JAX, R 274°, CW______JAX, R 334° (N O PT)...... _____8-mile DME Arc______...... 2000 . VORTAC and hold. JAX, R 028°, CCW-...... JAX, R 334° (NOPT)./.______8-mile DME Arc...... _____ 2000 Supplementary charting information: Final 8-mile DME A rc... . ______JAX VO RTAC...... _____ R 334°...... _____ 2000 approach crs intercepts runway thresh­ old. Hold E, 1 minute, right turns, 270° Inbnd

Procedure turn E side of crs, 334° Outbnd, 154° Inbnd, 2000' within 10 miles of JAX VORTAC. FAF, JAX VORTAC. Final approach crs, 160°. Distance FAF to MAP, 6.8 miles. Minimum altitude over Atlantic Int, 640' (5.5-miles DME). MSA: 000°-090°—1400'; 090°-270°—2100'; 270°-360°—1400'. Notes: (1) Radar vectoring. (2) Use Jacksonville FSS altimeter setting.

Day and Night Minimums n

Cond. —------— — ------:______;______MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS TT A A

C ...... 640 1 599 640 1 599 640 1599 640 2 699 Dual VOR and VOR/DME Minimums: MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 460 1 419 500 1 459 500 1J^ 459 600 2 559 A...... Not authorized. T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Jacksonville; State, Fla.; Airport name, Craig Municipal; Elev., 41'; Facility, JAX; Procedure No. VOR Runway 13, Arndt. 4; Eff. date, 24 July 69; Sup. Amdt. No. VOR-1, Amdt. 3; Dated, 28’Nov. 68

Terminal routes Missed approach Minimum MAP: 3.3 miles after passing ISO From— To— Via altitudes VORTAC. (feet)

R 302°, ISO VORTAC (CW)___...... R 052°, ISO V O R T A C ...______10-mile DME Are 2200 Climbing right turn to 2000' direct to ISO R 130°, ISO VORTAC (CCW).______R 052°, ISO VO R TAC ...... 10-mile DME Are 2500 VO RTAC and hold. 10-mile DME Are______ISO VORTAC (N O P T )...... ISO, R 052° 1100 Supplementary charting information: Hold NE, 1 minute, right turns, 205° Inbnd. TDZ elevation, 94'.

Procedure turn N side of crs, 052° Outbnd, 232° Inbnd, 2000' within 10 miles of ISO VORTAC. FAF, ISO VORTAC. Final approach crs, 232°. Distance FAF to MAP, 3.3 miles. Minimum altitude over ISO VORTAC, 1100'. MSA: 000°-180°—2500'; 180°-270°—1500'; 270°-360°—2200'. N ote: Use GSB AFB altimeter setting when control zone not effective. ^Alternate minimum not authorized and circling and straight-in MDA increased 60' when control zone not effective.

Day and Night Minimums

„ , A B C D MDA VIS HAT MDA yiS HAT MDA VIS HAT VIS

S-22#.___...... 480 1 386 480 1 386 480 1 386 NA MDA VIS HAA MDA VIS HAA MDA VIS HAA C#...... 520 1 426 560 1 466 560 1J^ 466 NA A ...... Standard.# T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Kinston; State, N.C.; Airport name, Stallings Field; Elev., 94'; Facility, ISO; Procedure No. VOR Runway 22, Amdt. 5; Eff. date. 24 July 69: Sud Amdt. No.4; Dated 16 Jan. 69 ’ K

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 RULES AND REGULATIONS 11193

Standard I nstrument Approach P rocedure- —T ype VOR/DME—Continued

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 9.6 miles after passing APE (feet) VORTAC.

Make climbing left turn to 3000' direct to APE VORTAC and hold. Supplementary c h a r tin g information: Hold NW, 1 minute, right turn, 142° Inbnd.

Procedure tum E side of crs, 322° Outbnd, 142° Inbnd, 3000' within 1Ô miles of APE VORTAC. FAF, APE VORTAC. Final approach crs, 142°. Distance FAF to MAP, 9.6 miles. Minimum altitude over APE VÖRTAC, 2X00'; over 6-mile DME Fix, 1820'. MSA: 000°-360°—2600'. Notes: (1) Radar vectoring. (2) Use CMH altimeter setting. Day and Night Minimums

A B C D Cond. MDA VIS HAA VIS VIS VIS

C...... 1820 1 940 NA NA DME minimums: MDA VIS HAA C...... ______1520 1 640 . NA NA NA A...... i . . . Not authorized. T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Newark; State, Ohio; Airport name, Linking County; Elev., 880'; Facility, APE; Procedure No. VOR-1, Amdt. 2; frff. date, 24 July 69; Sup. Arndt. No. 1; Dated, 16 Jan. 6 11. By amending § 97.23 of Subpart C to cancel very high frequency omnirange (VOR) and very high frequency-distance measuring equipment (VOR/DME) procedures as follows: Bedford, Ind.—Virgil I. Grissom Municipal, VOR Runway 13, Orig., 20 June 1968, canceled, effective 24 July 1969. * 12. By amending § 97.27 of Subpart C to establish non directional beacon (automatic direction finder) (NDB/ADF) procedures as follows: Standard I nstrument Approach P rocedure—T ype NDB (A D F ) Bearings, headings, courses.and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. • If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: FTY NDB. (feet)

Radar vectors to final approach crs. Climbing left turn to 3000', proceed to Wade Int via bearing 275° from FT Y N D B and hold, or as directed by ATC. Supplementary charting information: Hold W, 1 minute, left turns, 095° Inbnd. Final approach crs to runway threshold . REIL Runway 8.

Procedure turn not authorized. Approach crs (profile) starts at Wade Int. i mal approach crs, 095°. Minimum altitude over Wade Int, 3000'; over Margaret Int, 2600'; over Terry FM, 1580'. MSA: 000°-180°—3100'; 180°-270°—2700'; 270°-360°—2900'. Notes: (1) Radar required. (2) ASR. Day and N ight Minimums . A B C Cond. D MDAVIS HAA MDA VIS HAAMDA VIS HAA VIS c.. 1 740 1580 1 740 1580 Vi 740 NA ADF/FM:

MDA VIS HAAMDA VIS HAA MDAVIS HAA c._ 1 540 1380 1 540 1480 m 640 NA A..... T 2-eng. or less—Standard. T over 2-eng.-—Standard.

City, Atlanta; State, Ga.; Airport name, Fulton County; Elev., 840'; Facility, FTY; Procedure No. N D B (A D F)-l, Amdt. 4; Eff. date, 24 July 69; Sup. Amdt. No 3- Dated 3 June 67

No. 127----- 3 FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11194 RULES AND REGULATIONS

Standard I nstrument Approach P rocedure—T ype NDB (ADP)— Continued

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: BLF NDB. (feet)

BLF Temp. VHF Int...... B LF N D B .. 5200 Climb straight ahead to 5200', turn right, BRW VO R...... BLF N D B .. _____ Direct...... 6000 and return to BLF NDB and hold. PSK VORTAC...... BLF N D B ...... Direct...... 6000-■ Supplementary charting information: Hold N E , 1 minute, right turns, 230° Inbnd.

Procedure turn N side of crs, 050° Outbnd, 230° Inbnd, 5200' within 10 miles of BLF N D B. Final approach crs, 230°. MSA: 000°-090°—5100'; 090°-180°—5100'; 180°-270°—5800'; 270°-360°—4900'. •Circling not authorized S of airport defined by runway centerline extended. #Night minimum visibility 2 miles. % IFR departure procedures: Climb NW on 270° from BLP N D B to 4800' before proceeding as cleared. Caution: Precipitous terrain underlying this procedure. Turbulence of varying intensities may be encountered. Caution: 3200' mountain ridge X mile S of airport boundary and 3837' tower and mountains 2% miles SSE. Day and Night Minimums

A B C D Cond. ------:------:------(------MDA VIS HAA MDA VIS HAA VIS VIS C*#...... „...... 3800 IX 943 3800 1M 943 N A NA A ...... 1000-2. T 2-eng. or less—Standard.% T over 2-eng.—Standard.%

City, Bluefield; State, W. Va.; Airport name, Mercer County; Elev., 2857'; Facility, BLF; Procedure No. N D B (ADF) Runway 22, Arndt. Orig.; Efl. date, 24 July 69

Terminal routes , Missed approach Minimum From— To— Via altitudes MAP: 3.1 miles after passing BAK NDB. (feet)

. Hope Int. BAK ND B Direct. 2300 Climbing right turn to 2300' direct to BAK NDB. Supplementary charting information: Secondary area of procedure turn pene­ trates R-3401. Depict penetrated area on chart. Depict B X R N D B 201 KC 0.5 mile from runway at 39° 16'30"/85°52'45".

Procedure turn N side of crs, 043° Outbnd, 223° Inbnd, 2300' within 10 miles of BAK N D B . FAF, BAK N D B . Final approach crs, 223°. Distance FAF to MAP, 3.1 miles. Minimum altitude over BAK N D B , 1500'. MSA: 000°-270°—2300' 270°-360°—3100'. N otes: (1) Radar vectoring. (2) Use Indianapolis (Weir Cook) altimeter setting when control zone not effective; circling and straight-in MDA becomes 1260'. ¡^Alternate minimums not authorized when control zone not effective.

Dat^and Night Minimums

A B C D Cond. MDA VIS HATMDA VIS HAT MDA VIS HAT ’ VIS

S-22___ ...... 1120 1 464 1120 1 464 1120 1 464 NA MDAVIS HAA MDAVIS HAA MDA VIS HAA C...... 1120 1 464 1120 1 464 1120 1M 464 NA A ...... Standard.# T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Columbus; State, Ind.; Airport name, Bakalar AFB/Bakalar Municipal; Elev., 565'; Facility, BAK; Procedure No. N D B (ADF) Runway 22, Arndt. Orig.; Eff. date, 24 July 69

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 RULES AND REGULATIONS 11195

Standard I nstrument Approàch P rocédure—T ype NDB (ADF)—Continue*! ■------Terminal routes Missed approach Minimum From— To— - Via altitudes MAP: 3 Miles after passing RMG N D B. (feet)

n«M«n Tnt RMQ N D B ...... D irect...... 3600 Climbing right turn to 3000' direct to RMG Kwmesaw int " " T — " I — ...... RMG N D B ...... Direct...... 3500 N D B and hold. PMOVOR RMG NDB (NOPT)...... Direct...... _...... 1700 Supplementary chartmg information: «Mu v u a ...... —...... -...... Hold S, 1 Minute, right turns, 344° Inbnd. Final approach crs to center of landing area. ' IiB C O 122.2,123.6.

Procedure turnW side of crs, 164° Outbnd, 344° Inbnd, 3000' -within 10 miles of RMG N D B . FAF, RMG N D B . Final approach crs, 004°. Distance FAF to MAP, 3 miles. Minimum altitude over RMG N D B , 170(f. MSA: 000°-180°—3900'; 180°-270°—3600'; 270°-360°—4000'. #Alternate minimums authorized only for operators with approved weather reporting service. ♦Night minimums not authorized on Runways 7-25,13-31. Caution: Unlighted trees and terrain 1182', IA miles WN AT of airport. Day and Night Minimums

A B C ______D

Cond‘ MDA v i s h a a m d a v i s h a a m d a v i s h a a v i s

c*...... 1360 1 716 1360 1 716 1500 VA 856 NA A...... Standard.# T 2-eng. or less—Standard. T over 2-eng.—Standard.

City. Rome; State, Ga.; Airport name, Russell Field; Elev., 644'; Facility, RMG; Procedure No. N D B (A D F)-l, Arndt. 3; Eff. date, 24 July 69; Sup. Arndt. No. A D F 1, Arndt. 2; Dated, 2 Apr. 66 13. By amending § 97.27 of Subpart C to amend nondirectional beacon (automatic direction finder) (NDB/ADF) proce­ dures as follows: _ „ , .__v Standard I nstrument Approach P rocedure—T ype NDB (ADF) Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR; If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a diflerent procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 4.4 miles after passing DA LOM. (feet)

DAB VORTAC...... DA LOM— _____ Direct...... 1500 Climbing right turn to 1500', direct to DA Barberville Int...... ______DA LOM— _____ Direct______...... 1600 LOM and hold. Lake Helen Int - -- --______-______...... D A LOM— ...... Direct____ '-...... 1600 Supplementary charting information: Smyrna Int-...... !...... _...... —______DA LOM— _____ Direct...... 1600 Hold SW, 1 minute, left turns, 065° Inbnd. Woodruff Int...... -----______...... DA L O M ...... Direct—...... 2100 HIRL Runways 6L/24R. TDZ elevation, 30'.

Procedure turn N side of crs, 245° Outbnd, 065° Inbnd, 1400' within 10 miles of DA LOM. FAF, DA LOM. Final approach crs, 065°. Distance FAF to MAP, 4.4 miles. Minimum altitude over DA LOM, 1400'. MSA: 000°-090°—1400'; 090°-180°—1500'; 180°-270°—2000'; 270°-360s—1300'. Day and Night Minimums

MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT

S-6L...... 480 1 450 480 1 450 480 1 450 480 1 450 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... j...... 480 1 446 500 1 466 500 VA 466 600 2 666 A...... Standard. T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Daytona Beach; State, Fla.; Airport name, Daytona Beach Municipal; Elev., 34'; Facility, DA; Procedure No. N D B (ADF) Runway 6L, Arndt. 10; Eff. date, 24 July 69; Sup. Arndt. No. 9; Dated, 5 June 69

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11196 RULES AND REGULATIONS

Standard I nstrument Approach P rocedure— T ype NDB (ADF)—Continued

Terminal routes Missed approach Minimum MAP: BA LMM. From— To— Via altitudes (feet)

GVO V O R ...... Canyon Int-...... Direct...... 5000 Climbing right turn to 4000' via heading Canyon Int...... ------Halibut Int...... Direct LMM 264° lead bearing. 3500 240° to intercept and proceed via the BA Goleta Int______. ______Lobster Int...... Via heading 250° and FIM 3500 LMM 184° bearing or SBA R 195° to R 250°, 10.5 nautical miles. Goleta Int. If not at 4000' at Goleta Int., Lobster Int...... Halibut Int...... Direct LMM 242° lead bearing. 3500 climb to 4000' in the holding pattern SE SBAVOR ...... Goleta I n t-...... -...... Direct...... 5000 on the GVO, R 127°, right turns, 1 Channel I n t ...... Goleta Int...... Direct...... -...... -...... - 3500 minute. Channel Int______- ...... BA LMM...... - ...... Direct...... - 4200 Supplementary charting information: SBA VOR______BA LMM______Direct-...... „ ...... 5000 Chart holding pattern at Goleta Int. BA LMM...... ^...... Halibut Int...... Direct...... - 4200 Chart holding pattern at Halibut Int. Halibut Int______Naples FM/Int (NOPT)______Direct__ 1...... 2100 Chart nonstandard ALS Runway 7.

Procedure turn not authorized.* Approach crs (profile) starts at Halibut Int. Final approach crs, 073°. Minimmn altitude over Halibut Int, 3500'; over Naples FM/Int, 2100'. MSA: 000°-090°—8000'; 090°-180°—3700'; 180°-270°—5300'; 270°-360°—7600'. N ote: VOR and A D F receivers required for execution of this procedure. %IFR departure procedures: Northbound (260° through 080°) must comply with published Santa Barbara SID’s. #Air carrier will not reduce takeoff visibility due to local conditions Runway 15. •Approach from the holding pattern at Halibut Int authorized. Caution: High terrain N of crs. Day and Night Minimums

A B C D Cond. MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA

NDB/VOR Minimums: C...... - ...... 760 1 750 760 1 750 760 1}4 750 900 2 890 A...... 1000-2. T 2-eng. or less—Runway 33,1000-3; Runway 7, RVR 24; T over 2-eng.—Runway 33, 1000-3; Runway 7, RVK 24; Runway 25, Standard; Runway 15, 200-1.%# Runway 25, Standard; Runway 15, 200-1.%#

City, Santa Barbara; State, Calif.; Airport name, Municipal; Elev., 10'; Facility, BA; Procedure No. ND B (ADF) Runway 7, Arndt. 4; Eff. date, 24 July 69; Sup. Amdt. No. 3; Dated, 12 Sept. 68 14. By amending § 97.29 of Subpart C to amend instrument landing system (ILS) procedures as follows: Standard I nstrument Approach P rocedure—T ype ILS Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum MAP: ILS D H 280'; LOC 4.4 miles after From— To— Via altitudes passing DA LOM. (feet)

DAB VORTAC______...... DA LOM...... Direct...... 1500 Climb to 1500' on N E LOC crs, left turn, Lake Helen Int------...... DA LOM .______...... Direct...... 1600 direct to DAB VO RTAC via R 140^ or, Smyrna Int...... ------...... DA LOM ...... - ...... Direct...... 1600 when directed by ATC, climbing right Barberville I n t ...... DA LOM...... — ...... Direct______1600 turn to 2000' to Smyrna Int via DAB Barberville Int CCW...... - - ...... LOC crs (N O PT)...... 16-mile Arc DAB, R 224° lead 1600 R 161°. radial. Supplementary charting information: 16-mile Are...... - ...... - ...... DALOM (NOPT)...... LOC crs...... 1400 TDZ elevation, ¿O'. Woodruff I n t-...... - ...... DA L O M ...... _____D irect...... 2100 HIRL 6L-24R.

Procedure turn N side of crs, 245° Outbnd, 065° Inbnd, 1400' within 10 miles of DA LOM. FAF, DA LOM. Final approach crs, 065°. Distance FAF to MAP, 4.4 miles. Minimum glide slope interception altitude, 1400'. Glide slope altitude at OM, 1378'. Distance to runway threshold at OM, 4.4 miles. MSA: 000°-090°—1400'; 090°-180°—1500'; 180°-270°—2000'; 270°-360°—1300'. Note: Inoperative table does not apply to HIRL Runway 6L. Day and Night Minimums

A B C D Cond. DH VIS HATDH VISHAT DHVIS HATDH VIS HAT

250 S-6L___ 280' 1 250 280 1 250 280 1 260 280 1 HAT LOC: MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS 350 S-6L______380 1 350 380 1 350 380 1 350 380 1 MDA VISHAAMDA v VIS HAA MDA VIS HAA MDA VIS HAA 566 C ...... _____ 480 1 446 500 1 466 500 1M 466 600 2 A ...... Standard. T 2-eng. or less—Standard. T over 2-eng.-—Standard.

City, Daytona Beach; State, Fla.; Airport name, Daytona Beach Municipal; Elev., 34'; Facility, I-DAB; Procedure No. ILS Runway 6L, Amdt. 11; Eff. date, 24 July m Sup. Amdt. No. 10; Dated, 5 June 69

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 RULES AND REGULATIONS 11197

Standard I nstrument Approach P rocedure—T ype ILS— Continued

Terminal routes Missed approach Minimum MAP: ILS D H 260'. LOC 5.3 miles after From— To— Via altitudes passing Naples FM/(OM). (feet)

OVO V O B . Canyon Int______Direct______5000 Climb to 650' on runway heading, climbing Canyon In t. Halibut I n t ...______Direct...... 3500 right turn to 4000' via heading 240° to SB A V O B . Goleta Int______Direct...... 5000 intercept and proceed via the SB A B 195° Goleta I n t . . Lobster In t...... Via bearing 205° and FIM, to Goleta Int. If not at 4000' at Goleta B 250°, 10.5 nautical miles. 3500 Int climb to 4000' in the holding pattern Lobster I n t. Halibut Int.______Direct...... 3500 SE on the GVO B 127° right turns, Halibut In t. Naples FM/(OM) (NOPT) Direct...... :...... 1800 1 minute. Channel Int. Goleta Int...... Direct______3500 Supplementary charting information: Channel Int. BA LMM______Direct______4200 Chart holding pattern at Halibut Int. SB A V O B . BA LMM ...... Direct______. . . . 5000 Chart holding pattern at Goleta Int. BA LMM__ Halibut Int...... D irect...... 4200 Chart nonstandard ALS Bunway 7. Bunway 7, TDZ elevation, 10\

Procedure turn not authorized.* Approach crs (profile) starts at Halibut Int. Minimum altitude over Halibut Int, 3500'; over Naples FM/(OM), 1780'. FAF, Naples FM/(OM). Final approach crs, 073°. Distance FAF to MAP, 5.3 miles. Minimum glide slope interception altitude, 1800'. Glide slope altitude at OM, 1763'; at MM, 182'. Distance to runway threshold at OM, 5.3 miles; at MM, 0.4 mile. ‘ MSA: Q00°-090°—8000'; 090°-180°—3700'; 180°-270°—5300'; 270°-360°—7600'. Note: Inoperative components table does not apply to MM. %IFB departure procedures: Northbound (260° through 080°) must comply with published Santa Barbara SID’s. #Air carrier wfil not reduce takeoff visibility due to local conditions runway 15. •Approach from the holding pattern at Halibut Int authorized. Caution: High terrain N of localizer crs. D ay and Night Minimums

______A B C . D Cond. ‘ DH VIS HAT DH VIS HAT DH VIS HAT DH Vii ÏÏAT

S-7...... 260 B V B 24 250 260 B V B 24 250 260 B V B 24 250 260 BV B 40 250 LOC Minimums:

MDAVIS HAT MDAVIS HAT MDAVIS HAT MDA VIS HAT 8-7...... B V B 24 410 420 BV B 24 410 420 B V B 24 410 420 B V B 50 410 MDAVIS HAA MDAVIS HAA MDAVIS HAA MDA VIS HAA C...... 1 710 720 1 710 720 m 710 900 2 890 A...... 900-2. T 2-eng. or less— Bunway 33,1000-3; Bunway 7, BV B T over 2-eng—Bunway 33, 1000-3; Bunway 7, BVB 24; Bunway 15, 200-1; Bunway 25 Standard.%# 24; Bunway 15, 200-1; Bunway 25 Standard.%#

City, Santa Barbara; State, Calif.; Airport name, Municipal; Elev., W; Facility, I-SBA; Procedure No. ILS Bunway 7, Arndt. 14; Eff. date, 24 July 69- Sud Arndt No 13- Dated, 12 Sept. 68 ' ’ 1 nrnopd ^ amending § 97.31 of Subpart C to establish precision approach radar (PAR) and airport surveillance radar (ASR) piuujuur6S dnS ioiiows: Standard I nstrum ent Approach P rocedure—T ype Badar

- Radar terminal area maneuvering sectors and altitudes (sectors and distances measured from radar antenna) From— To— Distance Altitude Distance Altitude Distance Altitude Distance Altitude Distance Altitude Notes

As established by Atlanta, Ga., ASB minimum altitude vectoring charts. Descent aircraft after passing FAF. FAF 6 miles from center of airport. B EIL Bunway 8.

M?s^^pnroach-dr H m $ .^ f5 ^ ° T J ^ ^ with sector azimuths progressing clockwise. PP ach. Chmb to 3000' direct to Wade Int via FT Y VOB, B 275 or 275° bearing from FT Y N D B and hold. HoldW , 1 minute, left turns, 095° Irrbnd. Day and Night Minimums

Cond. MDA VIS MDA VIS HAA MDA VIS HAA VIS C...... 1680 840 1680 1 840 1680 840 A..... NA 900-2. T 2-eng. or less—Standard. T over 2-eng.—Standard.

.Atlanta; State, Ga.; Airport name, Fulton County; Elev., 840'; Facility, ATLBadar; Procedure No. Radar 1, Arndt. 5; Eff. date, 24 July 69; Sup. Arndt. No. 4; Dated,

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11198 RULES AND REGULATIONS 16. By amending § 97.31 of Subpart C to amend precision approach radar (PAR) and airport surveillance radar (ASR) procedures as follows: Standard I nstrument Approach P rocedure—T ype B adar Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If a radar instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument procedure, unless ah approach is conducted in accordance with a different procedure authorized for such airport by the Administrator. Initial approach minimum altitude(s) shall correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be established with the radar controller. From initial contact with radar to final author­ ized landing minimums, the instructions of the radar controller are mandatory except when (A) visual contact is established on final approach at or before descent to the author­ ized landing minimums, or (B) at Pilot’s discretion if it appears desirable to discontinue the approach. Except when the radar controller may direct otherwise prior to final approach, a missed approach shall be executed as provided below when (A) communication on final approach is lost for more than 5 seconds during a precision approach, or for more than 30 seconds during' a surveillance approach; (B) directed by radar controller; (C) visual contact is not established upon descent to authorized landing minimums; or (D) if landing is not accomplished.

Radar terminal area maneuvering sectors and altitudes (sectors and distances measured from radar antenna) Notes From— To— Distance Altitude Distance Altitude Distance Altitude Distance Altitude Distance Altitude

As established by Ontario ASR minimum altitude vectoring chart. ASR Runway 25, FAF 6 miles from runway. ASR Runway 7, FAF 6 miles from runway. $Minimum altitude over 3-mile Radar Fix on final approach, 1700'. ¿Minimum altitude over 2-mile Radar Fix on final approach, 1700'. §Maneuvering not authorized NW-of airport between extended centerlines of Runways 3/21 and 7/25. %IFR departure procedures: North- and east-bound (278° through 105° CW) published SID’s must be used. •Increase visibility mile for Categories A, B, and C for inoperative ALS Runway 25. Inoperative table does not apply to HIRL Runway 7. Night minimums Runways 3/21 not authorized.

Missed approach: Runway 25—Climbing left turn to 4200' direct to ONT VORTAC and hold. Runway 07—Climbing right turn to 4200' direct to ONT VORTAC and hold. Runway 25—TDZ elevation, 929': Runway 7—TDZ elevation, 942'.

Day and Night Minimums

Cond. ------I------MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT

S-25*$-...... 1420 RVR 40 491 1420 RVR 40 491 1420 RVR 40 491 1420 RVR 50 491 S-71...... 1420 1 478 1420 1 478 1420 1 478 1420 1 478 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C#______1420 1 468 1480 1 528 1480 \Vt 528 1520 2 568 A ------. . . . Standard. T 2-eng. or less—Runway 25, RVR 24'; Standard all other T over 2-eng.—Runway 25, RVR 24'; Standard all other runways.%# runways.%#

City, Ontario; State, Calif.; Airport name, Ontario International; Elev., 952'; Facility, ONT ASR; Procedure No. Radar-1, Arndt. 2; Eff. date, 24 July 69; Sup. Arndt. No. 1; Dated, 5 June 69 These procedures shall become effective on the dates specified therein. (Secs. 307(c), 313(a), 001, Federal Aviation Act of 1958; 49 U.S.C. 1348 (c), 1354(a), 1424; 72 Stat. 749, 752, 775) Issued in Washington, D.C., on June 17, 1969. R. S. S liff, Acting Director, Flight Standards Service. [F.R. Doc. 69-7396; Filed, July 2, 1969; 8:45 a.m.]

Chapter II— Civil Aeronautics Board ments were submitted by Wien Consoli­ Act against bartering transportation dated Airlines, an Alaskan air carrier, within monetary limits, and is primarily SUBCHAPTER A— ECONOMIC REGULATIONS and Roy H. Smith, an Alaskan air taxi designed to help subsidized carriers in a [Reg. ER-585, Arndt. 6] operator. poor cash position to increase traffic PART 225— TARIFFS OF CERTAIN Although Wien Consolidated had through advertising and thereby reduce sought at least $60,000 as a minimum subsidy needs. Part 298, on the other CERTIFICATED CARRIERS; TRADE authorization, it supports the $50,000 hand, exempts air taxi operators from AGREEMENTS maximum and urges that the rule be section 403 (except for tariffs for through Increased Authorization for Larger made effective as soon as possible because rates filed jointly with certificated air Intra-Alaskan Carriers trade agreements must become effective carriers), and therefore air taxi opera­ on or before January 1,1970. The air taxi tors are free to exchange air transporta­ Adopted by the Civil Aeronautics Board operator opposes any increase on the tion for advertising in any amount. at its office in Washington, D.C., on the grounds that trade agreements will result After consideration of the c o m m e n ts 30th day of June 1969. in unfair competition with air taxi op­ received, we have determined to adopt By circulation of EDR^158 (Docket erators and will not benefit the taxpayer. the rule as proposed. The tentative fin d ­ 20725), dated April 10, 1969, and publi­ These objections apparently arise from ings set forth in EDR-158 are incorpo­ cation at 34 F.R. 6489, the Board gave a misconception of the nature and pur­ rated herein by reference and made final. notice that it had under consideration pose of the Board’s permitting subsidized Accordingly, the Board hereby a m e n d s amendment to Part 225 to increase the certificated carriers to exchange trans­ § 225.6 of Part 225 of the Economic Reg' trade agreement authorization to $50,000 portation for advertising. Part 225 ex­ illations (14 CFR 225.6), effective Au­ for the two larger subsidized certificated empts certain certificated carriers from gust 4, 1969, by revising paragraph (b) carriers with intra-Alaskan routes. Com­ the provisions of section 403(b) of the to read as follows:

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 RULES AND REGULATIONS 11199

§ 225.6 Limitation on total value of PART 15— ADMINISTRATIVE By direction of the Commission. trade agreements. OPINIONS AND RULINGS [seal] J oseph W. S hea, * * * * * Secretary. (b) $20,000 in the aggregate each year Stereo Tape Cartridge Club; Consumer Credit Regulations Will Apply [F.R. Doc. 69-7808; Filed, July 2, 1969; for airlines having gross transport op­ 8:45 am.] erating revenues less than $2 million in § 15.352 Stereo tape cartridge club; the prior year and $50,000 in the ag­ consum er credit regulations will gregate each year for airlines having apply. SUBCHAPTER E— RULES, REGULATIONS, STATE­ gross transport operating revenues of MENTS OF GENERAL POLICY OR INTERPRE­ $2 million or more in the prior year, (a) The Commission issued an advisory TATION, AND EXEMPTIONS UNDER THE FAIR opinion in response to an application PACKAGING AND LABELING ACT for the airlines identified under from a businessman who proposed to § 225.1(a) (4). PART 503— STATEMENTS OF GEN­ * * * * * organize a stereo tape cartridge club. (b) The Commission wrote the ERAL POLICY OR INTERPRETATION (Secs. 204(a), 403, 404, 416, Federal Aviation Act of 1958, as amended, 72 Stat. 743, 758, applicant: Manufacturer of Consumer 760, 771; 49 U.S.C. 1324, 1373, 1374, 1386) (1) “You state that the idea of the Commodities club is to allow club members to exchange By the Civil Aeronautics Board.1 ten tape cartridges per month. A mem­ The Federal Trade Commission pro­ [seal] Mabel M cCart, bership will cost $480, to be paid in 30 mulgated an interpretation relevant to Acting Secretary. monthly installments of $16 each. That § 500.5 of the Fair Packaging and Label­ meets the definition of consumer credit ing Act regulations on March 7, 1969. [F.R. Doc. 69-7881; Filed, July 2, 1969; 8:49 a.m.] which is credit offered or extended to a This interpretation appeared as § 503.3 person primarily for personal, family, of the regulations, in the F ederal R eg­ household, or agricultural purposes and ister, Volume 34, No. 45. Subsequent to for which a finance charge is imposed or publication, a new question was sub­ which is repayable in more than four mitted on behalf of an industrial firm, Title 16— COMMERCIAL installments. which requires further interpretation of (2) “Enclosed for your guidance is a § 500.5. PRACTICES copy of the Federal Reserve press re­ Basically, the question is whether, in Chapter I— Federal Trade lease of February 7, 1969, containing the case of a parent corporation which Regulation Z issued under the Truth In wholly owns a subsidiary corporation, Commission Lending Act. With some exceptions, the each of which has separate corporate SUBCHAPTER A— PROCEDURES AND RULES OF Federal Trade Commission has the prin­ identity, the requirement of § 500.5 of the PRACTICE cipal enforcement duties. The Commis­ regulations is met when the consumer PART 15— ADMINISTRATIVE sion points out that all relevant commodities manufactured by the sub­ provisions must be complied with by any­ sidiary are labeled to reflect the parent OPINIONS AND RULINGS one extending or arranging for consumer corporation as the manufacturer. Use of Symbols and Names Having credit. A potential club member in your Since this question may have signifi­ Fur-Bearing Animal Connotations program is entitled to full disclosure of cance to industry in general, the Com­ in Labeling Textile Fiber Products all financial arrangements, including the mission feels it appropriate to promul­ fact that a third party may hold the gate its interpretation of § 500.5 as it § 15.351 Use of symbols and names promissory note for collection. relates to the status of a parent corpora­ having fur-bearing animal connota­ (3) “In addition to your straight re­ tion which wholly owns a manufacturing tions in labeling textile fiber prod­ tail memberships, you contemplate a subsidiary retaining its own corporate ucts. ‘cooperative’ membership to be offered in identity. (a) The Commission was requested to return for certain promotional coopera­ Accordingly, pursuant to the provisions render an opinion with respect to the tion. The Commission invites your atten­ of the Fair Packaging and Labeling Act labeling of textile fiber products manu­ tion to the enclosed copy of the Commis­ (sections 4, 6,10, 80 Stat. 1297, 1299,1300, factured so as to simulate a fur or fur sion’s Guides Against Deceptive Pricing, product. effective since January 8, 1964. You will 1301; 15 U.S.C. 1453, 1455, 1456) Sub­ (b) The requesting party proposed to note that it might be an actionable de­ chapter E, Part 503 is amended by adding use a word closely resembling the name ceptive practice prohibited by law to to § 503.3 a new paragraph (d) as 0l_a fur-bearing animal, the fur from identify a commodity as having a certain follows: which is commonly used in the manu­ retail value unless that is a price at § 503.3 Name and place of business of facture of garments, in association with which identical commodities have in fact manufacturer, packer, or distributor. a fabric simulating that fur. been sold in substantial quantities. No * * * * * f ^ Commission's view, the use conclusion of legality or illegality is pos­ of the proposed term to describe such a sible in the instant matter on the basis (d) A corporation which wholly owns fabric would probably violate the Textile of the brief information you have a manufacturing subsidiary which re­ ^r0 due ts Identification Act and/or submitted. tains its separate corporate identity, is “ at part of section 5 of the Federal (4) “Further, you are advised that it not the manufacturer of the consumer jade Commission Act which makes de- might also be an actionable deceptive commodities manufactured by the wholly >_? acts or Practices in commerce practice prohibited by law to fail to owned subsidiary, but must qualify its unlawful. fully inform a potential club member not name if it elects to use its name on the label. Such qualification may be “Man­ f t * * 717> 0s amended; 15 U.S.C. 41-58; only about all financial arrangements '«Stat. 1717; 15 U.S.C. 70) and the accurate retail value of the car­ ufactured for ------”, “Distrib­ tridge player but also about the nature uted by------”, or “Manufactured Issued: July 2,1969. and function of the player; e.g., is the b y ------(XYZ, Inc., City, State, By direction of the Commission. player a self-contained playing machine Zip Code, a subsidiary of ABC, Inc.)”. or does it need an amplifier and speakers Issued: June 30, 1969. [sieal] J oseph W. S hea, to render performance? By direction of the Commission. Secretary. (5) “For postal regulations, you should •R. Doc. 69-7809; ' Filed, July 2, 1969; consult your local postmaster.” [seal] J oseph W. S hea, ______8:45 a.m.] (38 Stat. 717, as amended; 15 U.S.C. 41-58) Secretary. [F.R. Doc. 69-7896; Filed, July 2,- 1969; Vlce Chairman Murphy dissented. Issued: July 2,1969. 8:51 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11200 RULES AND REGULATIONS

The Commission finds; to incorporate the specific information Title 18— CONSERVATION OF (1) The notice and effective date to be reported into a policy statement provisions of section 4 of the Adminis­ which, as part of the Commission’s rules POWER AND WATER RESOURCES trative Procedure Act, 5 U.S.C. 553, do and regulations, can only be modified by not apply with respect to the amend­ formal procedures. Instead, we delegate Chapter I— Federal Power ment here adopted. authority to the Commission’s Chief, Bu­ Commission (2) It is appropriate and in the public reau of Power, subject to the general {Docket No. R-362] interest in administering Part II of the supervision of the Commission, to pre­ Federal Power Act to promulgate Com­ pare, after appropriate consultation with PART 2— GENERAL POLICY AND mission policy on participation of regu­ interested parties, including the existing INTERPRETATIONS latory personnel in the deliberations of national and regional reliability orga­ voluntary regional councils, and for the nizations, the individual State commis­ Reliability and Adequacy of Electric collection of data relating to reliability sions and their national association, the Service and adequacy of electric service. National Association of Regulatory Util­ The Commission orders: ity Commissioners, a list of requested J une 25, 1969. A. Part 2, General Policy and Inter­data, together with the reporting speci­ The Federal Power Commission is pretations, Subchapter A, Chapter I of fications. The list and specifications will charged under section 202(a) of the Fed­ Title 13 of the Code of Federal Regula­ be maintained on a current basis as an eral Power Act with the promotion and tions is amended by adding a new appendix to the rules in this section, and encouragement of the voluntary inter­ § 2.11, entitled “Reliability and Adequacy will be supplied to each electric company, connection and coordination of the power of Electric Service,” as follows: pool, or regional organization, the State systems of this nation in the interests regulatory commissions, and other inter­ of “assuring an abundant supply of elec­ § 2.11, Reliability and adequacy of elec­ tric service. ested parties. tric energy throughout the United States (4) Upon receipt and evaluation of the with the greatest possible economy and (a) Participation of Federal personnel requested data, the Chief of the Com­ with regard to the proper utilization and in regional reliability councils. The Fed­ mission’s Bureau of Power may, as con­ conservation of natural resources”. eral Power Commission’s responsibilities ditions warrant, convene technical Achievement of these goals requires co­ under section 202(a) of the Federal meetings of utilities or groups of utilities ordinated efforts on an industrywide Power Act, to promote and encourage to explore in greater depth any problems basis, at both the regional and national voluntary efforts by the various segments raised by the reports, or call upon re­ levels, to enhance reliability and ade­ of the electric utility industry to co­ gional councils, or the National Electric quacy of service. ordinate their activities, can best be Reliability Council, to conduct further Utilities in five regions of the country1 carried out if the regional reliability studies on particular matters. have joined together to establish regional councils or organizations of the utilities B. The specific information, which coordinating groups or councils, and in various parts of the country permit is proposed for inclusion in the initial these regional bodies have, in turn, re­ participation by staff personnel of the information request, is set forth in Ap­ cently joined with seven other individual Federal Power Commission. Participa­ pendix A to this order. Interested parties utility systems, pools and planning tion on a nonvoting basis will not inhibit having comments or proposals for modi­ groups to form a National Electric Reli­ appropriate discussion, planning or re­ fication thereof should make them in ability Council. These developments are view by the members of the regional writing (if possible in triplicate) to the encouraging. councils. Accordingly, the regional re­ Commission’s Chief, Bureau of Power, This Statement of Policy defines two liability or coordination councils and within 30 days from, the issuance of this areas in which these voluntary efforts any other systems or groups engaging in notice, since it is contemplated that the can be improved. First, we believe that similar activities are requested promptly initial list of requested information and actual participation on a nonvoting to permit nonvoting participation by reporting specifications will be made basis by the staff of the Commission and FPC staff personnel. (b) Participation of State personnel final and released by September 1, 1969. the State regulatory agencies in the re­ It is also contemplated that initial re­ gional council deliberations, and the in regional reliability councils. It is the porting will be for the period 1970-79, deliberations of committees or working policy of the Commission that staff per­ inclusive, and that reporting will be made groups is needed to promote the cooper­ sonnel of the State regulatory agencies to the Commission and the State regu­ ative efforts of the electric utility in­ of the particular region be permitted to latory agencies not later than April 1 of dustry to coordinate its activities re­ participate in the regional reliability or coordination councils on the same basis the base year of the data reporting gionally in the interests of reliability period. and adequacy of electric service. Second, as Commission personnel. a major impediment to regional and (c) Informational reporting. (1) Com­ C. The amendments prescribed herein and national planning for and evalua­ prehensive data from all segments of the will be effective upon the issuance of this tion of industry planning efforts to assure industry, including those operated by the order. reliability and short- and long-range Federal or State governments or politi­ By the Commission. adequacy of electric power service lies cal subdivisions, agencies or instrumen­ talities thereof, and cooperatively owned [ seal] Gordon M. Grant, in the unavailability of much of the Secretary. basic data upon which such efforts nec­ associations, will assist in accurate fore­ essarily depend. We are therefore casting of the demand for power, and in Appendix A establishing a system for reporting to planning generation and transmission information to be reported o n coordinated the Commission and the State regula­ facilities necessary to meet such REGIONAL BULK POWER SUPPLY PROGRAMS tory agencies, long and intermediate demands. - (2) To this end we establish a system Information to be reported annually range system data on an annual basis should include : by all segments of the electric power for the reporting on an annual basis of 1. Estimates of monthly peak loads ana industry coordinated by and reported long- and intermediate-range system energy requirements for the first 5 years ol through the regional reliability organi­ data by all components of the electric the projection; and estimates of summer ana zations (where they exist) and the Na­ power industry reported through and winter peak loads for the remaining 5 years tional Electric Reliability Council. coordinated by the regional reliability of the projection. organizations and the National Electric 2. Estimates of reserve requirements, Reliability Council. We ask that the data eluding a statement of criteria and teen* 1 Northeast Power Coordinating Council, requested be furnished to the FPC and niques used to determine reserve. . , East Central Area Reliability Coordination 3. For the first 7 years of the projection, Agreement, Texas Interconnected System, to the appropriate State regulatory itemization of all resources to meet the pro* Western Systems Coordinating Council, and agencies. jected energy and capacity requirements o Mid-Atlantic Area Coordination Agreement. (3) In view of the need for flexibility (1) and (2), including generating unixs. The makeup, structure, staffing and author­ in the development and operation of any plants, and plant locations, types of Senej: * ity of these groups differ. such program, we believe it inadvisable tion, facility ownership, scheduled in-servi

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 RULES AND REGULATIONS 11201 dates of new units, and scheduled or esti­ reduction at various steps in ■ frequency 1. The table of sections for Subpart A, mated purchases from or deliveries to others. decline. appearing at page 31 F.R. 10116, July 27, For the remaining 3 years: itemization of b. Emergency power and shutdown facil­ 1966, is modified as follows: power supply resources planned, including ities to prevent damage to equipment if sta­ the general location, type, and scheduled in- tion loses system power. Sec. service date for each new facility and an es­ c. Power facilities available for unit start­ 405.111 Inpatient hospital services; Denefit timate of purchases and deliveries of power up in the event of total loss of system power. limitation during first spell of coincident with summer and winter peak d. Availability of continuous power in­ illness—inpatient of participat­ load demands. dependent of system sources for communi­ ing tuberculosis or psychiatric 4. For each steam generating unit having cation and control facilities. hospital. a capacity of 300 mw. or more, and for which e. Provisions for sustaining the operation 405.112 Inpatient hospital services; services construction is scheduled to begin within of generating units on local loads. considered for purposes of benefit 2 years from the date of reporting, furnish f. Programs for training operating per­ limitations. information on the type of cooling system, sonnel concerned with Systran security. 405.152 Payment for services furnished; basis of assurances that thermal discharge g. Summary statement of step-by-step nonparticipating hospital fur­ will fall within the limits of State and Fed­ emergency procedures in force for restoration nishing emergency services. eral standards or a description and status of of system power and interconnected system 405.156 Payment to entitled individual for studies designed to provide this assurance, power. services furnished by a nonpar­ the type of fuel to be used, and if fossil in h. Maintenance practices relating to bulk ticipating hospital; inpatient ad­ nature, assurances that stack discharges will power equipment and controls. mission before January 1, 1968. fall within limits acceptable under local or 405.157 Payment to entitled individual for regional air pollution criteria, or description [F.R. Doc. 69-7822; Filed, July 2, 1969; emergency services furnished and status of studies designed to demon­ 8:45 a.m.] after 1967. strate compatibility with such criteria. 405.158 Payment to entitled individual; determination of amount payable 5. A plan of the transmission network of for services furnished by a non­ the region depiciting all facilities of 110 kv. participating hospital. or higher which are in service at the time of Title 21D— EMPLOYEES’ 405.160 Payment to participating hospital reporting those projected for service within for inpatient hospital services; 7 years and those projected for service within BENEFITS conditions for payment. 10 years. For facilities to be installed within 405.161 Payment for inpatient hospital 7 years, include a tabular summary of seg­ Chapter III— Social Security Adminis­ services; furnished after 90- or ments of the transmission network, including tration, Department of Health, Ed­ 150-day limit or after 190-day substations and interconnections between ucation, and Welfare limit. systems to be operated at a voltage of 110 kv. 405.175 Payment to participating hospital or higher, the tabulation to include owner­ [Regs. No. 5, further amended] for outpatient hospital diagnostic ship, voltage, number of circuits, number and services; conditions. size of conductors and dates of starting and PART 405— FEDERAL HEALTH INSUR­ 405.191 Emergency services; finding that completing construction. ANCE FOR THE AGED (1965------) an emergency existed and/or 6. Results of load flow studies on the net­ has ceased. > work as it exists substantially at the time of Subpart A— Hospital Insurance 405.192 Emergency services; finding of ac­ reporting and as projected between 4 and 6 cessibility. years in the future which would demonstrate Benefits the capability of the network to transmit On November 15, 1968, there was pub­ 2. Sections 405.101—405.102 are re­ peak loads and withstand the contingency lished in the F ederal R egister (33 F.R. vised to read as follows: considerations evaluated in accordance with an accompanying statement of system se­ 16657) a notice of proposed rule making § 405.101 Hospital insurance benefits; curity criteria. These criteria should discuss with proposed amendments to the Hospi­ general. consideration given to loss of, or delay in tal Insurance Benefits regulations de­ (a) An individual who meets the con­ availability of, generation and transmission signed to implement the pertinent sec­ elements of the system and their internal tions of the Social Security Amendments ditions for entitlement to hospital insur­ effect upon the subject system, together with of 1967 (Public Law 90-248), to provide ance benefits provided under Part A of their external effect upon surrounding guidelines for determining the accessi­ title xvm of the Act is eligible to have systems. bility requirement in emergency hospital payment made on his behalf, or to him 7. The results of regional and inter­ cases, and to make editorial and technical (for certain hospital services) subject to regional network stability studies, including the conditions and limitations set out in a description of the general criteria being fol­ modifications of a clarifying or conform­ this Part 405 and in the Act, for: lowed and the particular contingencies as­ ing nature. Interested persons were given sumed in each study; include also a descrip­ the opportunity to submit data, views, or (1) Inpatient hospital services, post­ tion, preliminary results and schedules for arguments with regard to the proposed hospital extended care services, and completion of stability studies in progress. regulations. After consideration of all posthospital home health services fur­ Where unusual stability problems are en­ such relevant matter as was presented nished to him during any month for countered, outline possible solutions being by interested persons, the amendments which he meets such conditions for en­ considered and actions being taken for titlement to hospital insurance benefits; resolution. as so proposed are hereby adopted with­ out substantive change and are set forth and 8. A functional plan and description of re­ (2) Outpatient hospital diagnostic gional communication and control facilities, below. including satellite facilities for monitoring, Effective date. These amendments shall services furnished to him during any display, and warning of important network be effective upon publication in the F ed­ month before April 1968, for which he operating conditions and characteristics; fa­ eral R egister. meets such conditions for entitlement to cilities for economic loading; and facilities hospital insurance benefits. Effective for rapid analysis of the effect of losing Dated: May 27,1969. with services furnished on or after selected system elements on network loading. R obert M. B all, April 1, 1968, coverage of outpatient hos­ 9. For each transmission facility designed Commissioner of Social Security. pital diagnostic services is transferred to operate at a voltage of 200 kv. or higher from this Subpart A to the supplemen­ and for which construction is scheduled to Approved: June 18,1969. begin within 2 years from date of filing, in­ tary medical insurance benefits plan de­ clude information on line routing, alterna- J ohn G. Veneman, scribed in Subpart B of this Part 405. uves considered, consultations with local and Acting Secretary of Health, (b) Except where payment may be State planning authorities and commissions, Education, and Welfare. configuration of structures, location and type made to the individual for certain hos­ °f principal substations and information de­ Subpart A of Part 405 of Chapter III pital services (see §§ 405.156 and picting the relation of principal structures of Title 20 of the Code of Federal Regu­ 405.157), payment for the services to their environments. lations is amended as indicated in para­ graphs 1 through 24 below. covered under the hospital insurance 10. In format to be furnished by the benefits program is made to the institu­ ommlssion, provide information on the (Secs. 1102, 1801-1817, 1871, 49 Stat. 647, as ioiiowing ; amended, 79 Stat. 291-301, 81 Stat. 846-848, tion or agency eligible to receive pay­ a. Coordinated regional load shedding pro­ 81 Stat. 852-854, 81 Stat. 857-859; 79 Stat. ment rather than to the individual to grams, including estimated steps of load. 331; 42 U.S.C. 1302, 1395 et seq.) whom the services are furnished.

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 No, 127- 11202 RULES AND REGULATIONS

§ 405.102 Conditions for entitlement to services has on record the individual’s not apply to inpatient hospital services hospital insurance benefits. signed election not to have payment made furnished in a tuberculosis hospital or to An individual is entitled to hospital for such services. such services furnished in a hospital insurance benefits under the provisions (b) Deductible and coinsurance (other than a psychiatric hospital) that described in this Subpart A if such in­ amounts. Payments for inpatient hospi­ are not primarily for the diagnosis or dividual has attained age 65 and: tal services furnished during any spell treatment of mental illness. (a) Is entitled to monthly insurance of illness is reduced by the amount of (b)(1) Date of entitlement prior to benefits under section 202 of the Act the applicable deductibles (see §§ 405.113 1968; inpatient of psychiatric or tuber­ as described in Subpart D of Part 404 and 405.114) and, in addition, by any ap­ culosis hospital on first day of entitle­ of this chapter, or plicable coinsurance amount (see § 405.- ment. Subject to the provisions' of the (b) Is a qualified railroad retirement 115). succeeding subparagraphs of this para­ beneficiary as defined in § 404.368 of (c) Benefit limitation for spell of ill­ graph, if an individual was an inpatient Part 404 of this chapter, or ness. (1) -No payment under this sec­ of a participating tuberculosis or psychi­ (c) Is deemed entitled to monthly in­ tion for inpatient hospital services fur­ atric hospital on the first day for which surance, benefits under section 202 of the nished an individual during a spell of he is entitled to hospital insurance Act, solely for purposes of entitlement to illness which ends on or before Decem­ benefits and was entitled to such hospital insurance benefits, as described ber 31, 1967, may be made for any such benefits before January 1, 1968, the days in § 404.370 of Part 404 of this chapter. services furnished to him after the 90th (not necessarily consecutive) on which 3. In § 405.103, paragraph (a) is re­ day such services have been furnished he was an inpatient of a psychiatric or vised to read as follows:' - to him during such spell of illness (see tuberculosis hospital in the 90-day § 405.103 Duration of entitlement to § 405.161 for exception); and period immediately before such first day hospital insurance benefits. (2) No payment under this section are deducted from the 90 days of in­ for inpatient hospital services furnished patient hospital services for which he is (a) An individual is entitled to hospi­an individual during a spell of illness otherwise entitled to have payment made tal insurance benefits beginning with which begins, or is continuing after during his first spell of illness. the first day of the first month after December 31, 1967, may be made for - (2) First spell of illness is continuing June 1966, for which he meets the con­ any such services furnished to him after after December 31, 1967; inpatient of ditions described in § 405.102; except that the 150th day (less 1 day for each participating tuberculosis hospital upon no payment may be made under this day of inpatient hospital services in entitlement. An individual who after Subpart A for: excess of 90 days received during any December 31,1967, is still in his first spell (1) Posthospital extended care serv­ preceding spell of illness) that such of illness and was subject to a reduction ices furnished before January 1, 1967; services have been furnished to him dur­ in benefit days prior to 1968 under sub- (2) Posthospital extended care serv­ ing such spell of illness (see § 405.161 paragraph (1) of this paragraph because ices or posthospital home health serv­ for exception). he was in a participating tuberculosis ices unless the discharge from the hospi­ (d) Lifetime maximum on inpatient hospital at the time of entitlement to tal required to qualify such services for psychiatric hospital services. Notwith­ hospital insurance benefits will have payment under this Subpart A occurred standing the preceding provisions of those' days restored for any inpatient after June 30, 1966, or, on or after the this section, no payment for inpatient hospital services furnished to him after first day of the month in tohich he at­ psychiatric hospital services (see Sub­ December 31, 1967. The benefit limita­ tains age 65, whichever is later; and part J of this part) may be made for tion will not apply to services furnished (3) Outpatient hospital diagnostic any such services furnished an individ­ after 1967, to an individual who at the services furnished on or after April 1, ual after the 190th day such services time of entitlement was an inpatient of 1968. (With respect to outpatient hospi­ have been furnished to him during his a participating tuberculosis hospital. tal diagnostic services furnished on or lifetime (see § 405.161 for exception). Thus, such an individual is eligible on after such date—see Subpart B of this January 1, 1968, for up to 150 days of part.) § 405.111 Inpatient hospital services; any inpatient hospital services in his first * * * * ♦ benefit limitation during first spell of spell of illness. illness— inpatient of participating 4. Sections 405.110-4Q5.113 are re­ tuberculosis or psychiatric hospital. (3) First spell of illness is continuing vised to read as follows: after December 31, 1967; inpatient of a Subject to the provision that the psychiatric hospital upon entitlement. § 405.110 Inpatient hospital services; benefit limitation described in this sec­ An individual who after December 31, scope o f benefits. tion shall not apply with respect to in­ 1967, is still in his first spell of illness (a) Benefits. An individual who meetspatient tuberculosis hospital services and was subject to a reduction in benefit the requirements set forth in § 405.102 is furnished to an individual after Decem­ days prior to 1968 under subparagraph eligible to have payment made on his ber 31, 1967: (1) of this paragraph because he was in behalf to a participating hospital (see (a) Date of entitlement on or aftera participating psychiatric hospital at Subpart J of this Part 405 and § 405.150), January 1, 1968; inpatient of psychiatric the time of entitlement to hospital in­ subject to the conditions and limitations hospital on first day of entitlement. If an surance benefits may be entitled to ad­ contained in this Part 405 and title individual is an inpatient of a participat­ ditional benefit days for inpatient hos­ XVIII of the Act, for: ing psychiatric hospital on the first day pital services furnished on or after Jan­ (1) Inpatient hospital services (see for which he is entitled to hospital in­ uary 1, 1968: § 405.115) furnished to him for up to 90 surance benefits (see § 405.103) and be­ (i) On January 1, 1968, such indi­ days during a spell of illness; plus (with comes entitled to such benefits on or after vidual becomes eligible for 60 additional respect to inpatient hospital services January 1, 1968, the days (not necessar­ days of inpatient hospital services (see furnished after December 31, 1967, dur­ ily consecutive) on which he was an in­ § 405.110). Before these days can be used ing such spell of illness): patient of a psychiatric hospital in the to pay for inpatient hospital services (2) An additional 60 days—less one 150-day period immediately before such furnished to such individual by a psy­ day for each day of inpatient hospital first day are deducted from the 150 days chiatric hospital, or for such services' services in excess of 90 days received dur­ of inpatient hospital services for which furnished by a hospital (other than a ing any preceding spell of illness. The he is otherwise entitled to have payment psychiatric or tuberculosis hospital) individual, has the option of electing by made during his first spell of illness, which are primarily for the diagnosis or a signed statement not to have pay­ where such services are furnished to him treatment of mental illness, those days ment made for such additional days of in a psychiatric hospital or in a hospital on which he was an inpatient of a psy­ inpatient hospital services furnished him (other than a tuberculosis hospital) in chiatric hospital from the 91st to the after he has received benefits for 90 days which the individual was an inpatient 150th day of the 150-day period preced­ of such services in a spell of illness. Pay­ primarily for the diagnosis or treatment ing the first day for which he became ment may be made for such additional of mental illness. Thus, the benefit limi­ entitled to hospital insurance benefits days unless the provider furnishing such tation described in this paragraph will will be subtracted from the 60 additional

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 RULES AND REGULATIONS 11203 days available for use in such first spell ceding the first day for which an indi­ § 405.112 Inpatient hospital services; of illness. For inpatient hospital services vidual is entitled to hospital insurance services considered for purposes of furnished prior to 1968, the number of benefits (see § 405.103), are not counted benefit limitations. benefit days available to such individual in determining the 190-day lifetime limit (a) For purposes of determining the during his first spell of illness was de­ on inpatient psychiatric hospital serv­ 90-day or 150-day benefit limitation de­ termined on the basis of the 90-day pe­ ices (see § 405.110(d)), and are not scribed in § 405.110(c), or § 405.111, or riod immediately preceding the first day counted in determining the first day for the 190-day benefit limitation described of entitlement to hospital insurance which the coinsurance amount is de­ in § 405.110(d), inpatient hospital serv­ benefits in accordance with subpara­ ducted from payment for inpatient hos­ ices are taken into account only if one or graph (1) of this paragraph. Payment pital services (see § 405.115). more of the following conditions apply to for inpatient hospital services furnished Example 1: B is an inpatient of a partic­ such services: to the individual on or after January 1, ipating psychiatric hospital on July 1, 1966, (1) Payment is made with respect to 1968, by a hospital (other than a tuber­ the first day for which he is entitled to hos­ such services; culosis hospital) for such services which pital insurance benefits, and has been an in­ are primarily for the treatment or diag­ patient of such hospital for the 2 years im­ (2) Payment would be made for such nosis of mental illness, or for such serv­ mediately preceding July 1, 1966. If B’s first services except for failure to comply with ices furnished by a psychiatric hospital, spell of illness ends on or before December 31, the request and certification require­ will be made for any days still payable 1967, no payment will be made for inpatient ments described in § 405.152 or § 405.160; under such prior determination and then hospital services furnished to B during that or for any of the 60 additional days avail- spell of illness. However, if B’s first spell of (3) Payment cannot be made for such illness is continuing after December 31, 1967, services because of the deductible or co- .able as determined in accordance with he will be eligible, with respect to services the provisions of this paragraph. (How­ furnished after such date, to have payment insurance requirements described in ever, a new determination for the 90-day made for up to 150 days of inpatient hospital §§ 405.113 and 405.115. preentitlement period will be required if services dining such spell of illness if the (b) Notwithstanding the provisions of tuberculosis hospital days were included services are furnished to him by a tubercu­ paragraph (a) of this section, days after in the prior determination. See subdivi­ losis hospital (see § 405.111(b)) or, if fur­ the 90th day on which an individual is nished to him by a hospital other than a psy­ furnished inpatient hospital services dur­ sion (iii) of this subparagraph); chiatric or tuberculosis hospital, are not pri­ (ii) Payment for inpatient hospital marily for the diagnosis or treatment of a ing a spell of illness are hot taken into services furnished on or after Janu­ mental illness. account in determining the benefit limi­ ary 1, 1968, to such individual by a Example 2: C entered a participating tu­ tation discussed in this section, if the in­ hospital (other than a psychiatric hospi­ berculosis hospital on August 12, 1966, and is dividual has elected not to have payhient tal) for such services which are primarily still an inpatient of such hospital 50 days made for such days (see § 405.110(a) (2)) for the diagnosis or treatment of a condi­ later on October 1, 1966, the first day for or the daily charge for such days is equal tion other than mental illness, or for such which he is entitled to hospital insurance to or less than the applicable coinsur­ services furnished by a tuberculosis hos­ benefits. Payment may be made for up to ance amount (see § 405.115(a) (2)). 40 days of inpatient hospital services since pital in his first spell of illness, may be C had been an inpatient of the tuberculosis § 405.113 Inpatient hospital services; made for any unused benefit days: Plus, hospital for 50 days preceding the first day deductible. the number of days for which the bene­ for which he was entitled to hospital insur­ ficiary’s eligibility was previously re­ ance benefits. However, the 50 days preced­ (a) Spell of illness beginning prior to duced; plus, the 60 additional days avail­ ing Oetober 1, 1966, is not counted in de­ 1969. The amount payable for inpatient able under § 405.110; and termining the 60 days of coverage and, hospital services (see §§ 405.150, 405.151, (iii) Days spent by such individual in therefore, the coinsurance amount (see and 405.158) furnished to an individual a tuberculosis hospital in the preentitle­ § 405.115) is not applicable with respect to during any spell of illness beginning prior any payment for the 40 days of services for to 1969 is reduced (but not below zero) ment period do not count as reduction which C is entitled to have payment made days for inpatient hospital services re­ on his behalf with respect to services fur­ by an amount equal to the lesser of: ceived after 1967, and such days are re­ nished before 1968. If C’s first spell of illness (1) $40; or stored. This applies not only for an indi­ is continuing after December 31, 1967, the (2) The charges imposed with respect vidual who was in a tuberculosis hospi­ 50 days subject to deduction will be restored to such services or the customary charges tal when he became entitled but also for to him and he will be eligible, with respect for such services, whichever is greater. an individual who was in a psychiatric to services furnished after such date, to have (b) Spell of illness beginning after payment made for up to 110 additional days 1968. Between July 1 and October 1 of hospital at the time of entitlement after of inpatient hospital services during such having spent some of his preentitlement spell of illness (l.e., the restored 50 days plus 1968, and of each year thereafter, the days in a tuberculosis hospital. the 60 additional days of entitlement—see Secretary shall determine the amount of (c) Charging deduction days. In re­§ 405.110(a)). The coinsurance amounts dis­ the inpatient hospital deductible which ducing the number of days for which an cussed in § 405.115 would, of course, be ap­ shall be applicable in the case of any individual is entitled to have payment plicable with respect to- such services fur­ spell of illness beginning during the suc­ made for inpatient hospital services, days nished after the 60th day in this spell of ill­ ceeding calendar year. ness (see § 405.111(b). 5. Section 405.115 is revised to read subject to deduction (as determined in E xample 3: D is a patient of an institu­ accordance with the provisions of para­ tion that is not a qualified psychiatric hos­ as follows: graphs (a) and (b) of this section) are pital on August 1, 1966, the first day for § 405.115 Inpatient hospital services; charged in the following order: which he is entitled to hospital insurance coinsurance amount. (1) Those days after the 90th and be­ benefits, and has been a patient of the non­ fore the 150th days for which such indi­ qualifying hospital for the 1 year preceding (a) In any case in which an individual vidual is entitled to have payment made August 1, 1966. Several days later D is trans­ is furnished inpatient hospital services during such spell of illness; ferred to a participating psychiatric hospital. for more than 60 days during a spell of Payment may be made (with respect to serv­ illness beginning before 1969, the amount (2) Those days after the 60th day and ices furnished before 1968) for up to 90 days before the 91st day for which such indi­ of inpatient hospital services after such payable (see §§ 405.150, 405.151, and 405.- vidual is entitled to have payment made transfer since inpatient hospital services re­ 158), for the inpatient hospital services for such services during such spell of ceived in a nonqualifying hospital in the furnished after such 60th day during illness; and period preceding entitlement are not con­ such spell of illness, is reduced by a co- sidered for the purposes of determining the insurance amount equal to: (3) Those days before the 61st day for spell of illness limitation. If D’s first spell of (1) $10 for each day (or the actual which such individual is entitled to have illness is continuing after December 31, 1967, Payment made for such services during he will be eligible, with respect to services charge when charges are less than $10 such spell of illness. furnished after such date, to have payment a day), after the 60th day and before the made for an additional 60 days of inpatient 91st day, on which he is furnished such (d) Limitation on application of de­hospital services (including inpatient psy­ services; plus (with respect to such serv­ duction. Notwithstanding the preced­ chiatric hospital services) during such spell ices furnished after December 1967, dur­ ing provisions of this section, days pre­ of illness (see § 405.110). ing such spell of illness):

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11204 RULES AND REGULATIONS

(2) $20 for each day after the 90th (iii) Are ordinarily furnished by suchchiatric and tuberculosis hospitals (see day and before the 151st day on which he hospital for the care and treatment of §§ 405.1036-405.1040). With respect to is furnished such services. inpatients. hospital discharges occurring on or after (b) Since the inpatient hospital serv­ (2) Supplies, appliances, and equip­January 1, 1968, such term shall mean a ices coinsurance amount is set by law at ment. Supplies, appliances, and equip­ hospital (including a psychiatric or tu­ one-fourth (for days after the 60th day ment are included as inpatient hospital berculosis hospital) which meets the and before the 91st day) and one-half services only: requirements described in § 405.152 (a) (for entitlement days after the 90th day) (1) If ordinarily furnished by such (D. of the inpatient hospital services deduct­ hospital for the care and treatment of (b) Services for which payment is not ible, the coinsurance amount applicable inpatients, and; made. * * * for spells of illness beginning after 1968 (ii) If furnished to an inpatient for (2) Where an individual who has been will reflect any adjustment made in the use in the hospital, except in the case of furnished posthospital extended care deductible (see § 405.113(b) ). a temporary or disposable item provided services is discharged from the extended 6. In § 405.116, paragraphs (b), (d),to an inpatient for use beyond his hos­ care facility, no payment may be made and (e) are revised to read as follows: pital stay which is medically necessary for any subsequent extended care serv­ to permit or facilitate the patient’s de­ ices furnished during such spell of illness § 405.116 Inpatient hospital services; parture from the hospital and which is unless he is again hospitalized for at defined. required until such time as the patient least 3 consecutive days and the other * * * * * can obtain a continuing supply, or in conditions in paragraph (a) of this sec­ (b) Bed and board. The reasonablecases where it would be unreasonable or tion are met; however, for purposes of costs are payable in full for hospital impossible from a medical standpoint to this subparagraph, an individual is not room and board furnished an individual discontinue the patient’s use of the item deemed to have been discharged from an in accommodations containing from two at the time of termination of his stay as extended care facility in which he has to four beds, or in hospitals in which all an inpatient. (For example, tracheostomy been receiving posthospital extended care accommodations are on a ward basis and or draining tubes, or cardiac valves and services, if, within 14 days (as defined charges are not related to the number of cardiac pacemakers.) in paragraph (d) of this 'section) after beds in a room. The reasonable cost of (e) Diagnostic or therapeutic items ordischarge therefrom, he is readmitted private accommodations is covered in services. Diagnostic or therapeutic items to the same, or any other, participating full only where their use is medically in­ or services other than those provided for extended care facility. dicated, ordinarily only when a patient’s in paragraphs (c), (d), and (f) of this * * * * * condition requires him to be isolated or section, are considered as inpatient hos­ (d) Fourteen-day period; defined. For when an individual (in need of immedi­ pital services if furnished by the hos­ the purposes of paragraphs (a) and (b) ate inpatient hospital care but not re­ pital, or by others under arrangements of this section, “within 14 days” means quiring isolation) is admitted to a hospi­ made by the hospital under which the the period of 14 consecutive calendar tal which has no semiprivate or ward billing for such services is made through days (including Saturdays, Sundays, accommodations, or at a time when such hospital and if such services are of legal holidays, and days, all or part of such accommodations are occupied. a kind ordinarily furnished to inpatients which are declared to be a nonworkday The reasonable cost of private ac­ either by such hospital or by others under for Federal employees by statute or Ex­ commodations will be paid in such such arrangements. ecutive order) beginning with the calen­ cases until the individual’s condition * * * * * dar day following the day of discharge does not require him to be isolated or, in 7. In § 405.120, paragraphs (a), (b) from the hospital or extended care fa­ the case of the individual not requiring (2), and (d) are revised to read as cility, as appropriate. isolation, semiprivate accommodations follows: are available. Where private accommo­ * * * * * dations are furnished for a patient’s com­ § 405.120 Posthospital extended care 8. Section 405.122 is revised to read as fort, the amount payable under this Sub­ services; scope of benefits. follows: part A may not exceed the reasonable (a) Benefits and conditions for entitle­ § 405.122 Posthospital extended care cost of accommodations containing from ment. (1) An individual who meets the services; services considered for pur­ two to four beds. Where accommoda­ requirements described in § 405.102, is poses of limitation on days of cover­ tions less expensive than available ac­ eligible to have payment made on his age. commodations containing from two to behalf to a participating extended care four beds are furnished a patient and the facility (see § 405.150) for up to 100 days For purposes of the limitation on days of extended care services (§405.124) of coverage (see §§ 405.120(b) and use of these accommodations was neither 405.121),/extended care services fur­ at the request of the patient nor for a furnished to him in a spell of illness if he is admitted to such extended care nished an individual are taken into ac­ reason consistent with the purposes of count only if one or more of the following the Act, the amount payable for bed and facility within 14 days (as defined in paragraph (d) of this section) after his conditions apply to such services: board is whichever is less, the reasonable (a) Payment is made with respect to cost of such accommodations, or the rea­ discharge from a hospital in which he was an inpatient for not less than 3 con­ such services; sonable cost of two to four bed accom­ (b) Payment would be made except modations minus the difference between secutive calendar days (as defined in for failure to comply with the request thfe customary charges for such accom­ paragraph (c) of this section) and such discharge occurred on or after the first for payment and certification require­ modations and the customary charges ments described in § 405.165; or for the accommodations furnished. day of the month in which the individual (c) Payment cannot be made for $ $ $ $ $ attained age 65, or after June 30, 1966, whichever is later. such services because of coinsurance re­ quirements described in § 405.124. (d) (1) Drugs and biologicals. Drugs (2) For purposes of this section the and biologicals are included as inpatient 9. In § 405.124, paragraph (a) is re­ term “hospital,” with respect to hospital vised to read as follows: hospital services only if they: discharges occurring on or before De­ (i) Represent a cost to the hospital in cember 31, 1967, means a hospital (in­ § 405.124 Posthospital extended care rendering such services; cluding a psychiatric or tuberculosis hos­ services; coinsurance amount. (ii) Are furnished to an inpatient for pital) which meets the requirements of (a) Spell of illness beginning before use in the hospital or, with respect to a paragraphs (1), (2), (3), (4), (5), and 1069. In any case in which an individual limited supply required until the patient (7) of section 1861 (e) of the Act, whether is furnished posthospital extended care or not it meets the requirements of para­ services for more than 20 days during a can obtain a continuing supply, are graphs (6) and (8) thereof (see § 405.- spell of illness beginning before 1969, the deemed medically necessary to permit or 1001). A nonparticipating psychiatric or amount payable for posthospital ex­ facilitate the patient’s departure from tuberculosis hospital need not meet the tended care services furnished after such the hospital; and special requirements which apply to psy­ 20th day is reduced by a coinsurance

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 RULES AND REGULATIONS 11205 amount equal to $5 for each day (or the ment are included as extended care hospital diagnostic services (described actual charge when charges are less than services only; in § 405.145) furnished to him on or be­ $5 a day) such services are furnished (i) If ordinarily furnished by such fore March 31, 1968, if such items and after the 20th day and before the 101st extended care facility for the care and services: day on which he is furnished such serv­ treatment of inpatients, and; (1) Are furnished during a diagnostic study (see § 405.144) ; ices during such spell of illness. (ii) If furnished to an inpatient for * * * ♦ * (2) Are furnished to him on an out­ use in the extended care facility except patient basis; 10. In § 405.125, paragraphs (a)(6), in the case of a temporary or disposable (3) Are furnished by the hospital or if (a) (7), (c), (d), (e), and (f) are revised item provided to an inpatient for use furnished by others under arrangements to read as follows: beyond his stay which is medically nec­ made by the hospital, are furnished in §405.125 Extended care services; de­ essary to permit or facilitate the patient’s the hospital or in other facilities operated fined. departure from the extended care facil­ by or under the supervision of the hos­ ity and which is required until such time (а) Items and services included. * * * pital or its organized medical staff; and as the patient can obtain a continuing (4) Are of the type ordinarily fur­ (б) Medical services provided by an supply, or in cases where it would be nished by the hospital (or by others un­ intern or resident-in-training; unreasonable or impossible from a medi­ der such arrangement described in sub- (7) Diagnostic or therapeutic services; cal standpoint to discontinue the paragraph (3) of this paragraph) to the and patient’s use of the item at the time of hospital’s outpatients for the purposes termination of his stay as an inpatient. * * * * * of diagnostic study. (c) Bed and board. Posthospital ex­ (For example, a brace temporarily at­ (b) Diagnostic tests and services fur­ tended care facility bed and board is tached to the patient’s body while he is nished on or before March 31, 1968, may covered in full in accommodations con­ receiving treatment as an inpatient and also be covered as “medical and other taining two to four beds and in extended which is needed to facilitate departure health services” under the supplemen­ care facilities in which all accommoda­ from the extended care facility.) tary medical insurance benefits plan (see tions are on a ward basis and charges are (f) Medical services provided by anSubpart B of this part if they could not not related to the number of beds in a intern or resident-in-training. Medical be covered under this Subpart A. room. Private accommodations are services provided by an intern or resi­ covered in full only where their use is dent-in-training are included as ex­ § 405.142 Outpatient hospital diagnostic medically indicated, ordinarily when the tended care services if provided by an services ; deductibles. patient’s condition requires him to be intern or resident-in-training of a hos­ Any payment under this Subpart A isolated. Where private accommodations pital with which the extended' care for outpatient hospital diagnostic serv­ are furnished for the patient’s comfort facility has in effect an agreement for ices furnished during a diagnostic study and their use is not medically indicated, the transfer of patients and exchange of (see § 405.144) beginning before April 1, only the reasonable cost of accommoda­ medical records (see § 405.1133), and 1968, is reduced by: tions containing two to four beds is pay­ under a teaching program of such hos­ (a) $20; plus able under this Subpart A. Where accom­ pital approved in accordance with the (b) 20 percent of the reasonable cost modations less expensive than accommo­ provisions described in § 405.116(f). for such services in excess of $20. ♦ * * * * dations containing two to four beds are 13. Sections 405.144-405.145 are re­ furnished a patient and the use of these 11. In § 405.131, paragraphs (a), (c), vised to read as follows: accommodations was neither at the re­ and (d) are revised to read as follows: quest of the patient nor for a reason con­ § 405.144 Outpatient hospital diagnostic sistent with the purposes of the Act, the § 405.131 Posthospital home health services ; diagnostic study defined. amount payable for bed and board (not services; benefits provided. * * * * * (a) Subject to the provisions of para­ to exceed the reasonable cost of such graph (b) of this section, a “diagnostic accommodations) is the reasonable cost (a) To an individual who is under thestudy” for purposes of §§ 405.141 and of two to four bed accommodations minus care of a physician (other than a doctor 4Ò5.142 consists of the outpatient hospi­ the difference between the customary of podiatry or surgical chiropody); tal diagnostic services provided by (or charges for such accommodations and * * * * * under arrangements made by) the same the customary charges for the accommo­ (c) W ithin-the 1-year period after hospital during the 20-day period be­ dations furnished. the individual’s most recent discharge ginning on the first day (not included in (d) Physical, occupational or speech from a hospital (as defined in § 405.120 a previous diagnostic study) on which therapy. Physical, occupational or speech (a) (2)) in which he was an inpatient for thè individual meets the requirements therapy services are considered as ex­ at least 3 consecutive days (see § 405.120 described in § 405.102 and on which he tended care services if furnished by the (c)), or, if later, after his most recent is furnished outpatient hospital diagnos­ extended care facility or if furnished by discharge from an extended care facility tic services. The tests and procedures others under arrangements with them in which he was an inpatient and entitled furnished for the purpose of a diag­ made by the facility under which the to have payment made for services nostic study need not be related to a billing for such services is through such furnished therein; single illness or condition. extended care facility. (d) Under a plan of treatment, estab­ (b) All diagnostic study periods be­ (e) (1) Drugs and biologicals. Drügslished and periodically reviewed by a ginning on or after March 12, 1968, and and biologicals are included as extended physician (other than a doctor of podia­ before April 1, 1968, will end as of care services only if they : try or surgical chiropody), which was March 31, 1968, subject to the appli­ (1) Represent a cost to the extended established within 14 days after the date cable deductible described in § 405.142. care facility in rendering such services; of the individual’s discharge specified § 405.145 Outpatient hospital diagnostic (ii) Are furnished to an inpatient for in paragraph (c) of this section; and services; defined. use in the extended care facility or, with * * * * * respect to a limited supply required (a) The term “outpatient hospital until the patient can obtain a continu­ 12. Sections 405.141—405.142 are re­ diagnostic services” includes diagnostic ing supply, are deemed medically neces­ vised to read as follows: services if furnished under the condi­ sary to permit or facilitate the patient’s § 405.141 Outpatient hospital diagnostic tions described in § 405.141. Services of departure from the extended care facil­ services; conditions. a physician (except services of interns ity; and and residents under approved teaching (a) An individual who meets the re­programs—see § 405.522) are excluded. (iii) Are ordinarily furnished by such quirements set forth in § 405.102, is Also excluded are any items or services extended care facility for the care and eligible to have payment made on his which would not be included as an “in­ treatment of inpatients. behalf to a participating hospital (or un­ patient hospital service” as enumerated (2) Supplies, appliances, and equip- der the conditions described in §§ 405.- in § 405.116 if furnished to an inpatient went. Supplies, appliances, and equip- 152, 405.153, or 405.157) for outpatient of a hospital.

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11206 RULES AND REGULATIONS (b) Effective with services furnishedspect to services furnished after De­ ments made by) a hospital after June on or after April 1, 1968, coverage of out­ cember 31, 1967), the hospital’s election 1966, if at the time such services were patient hospital diagnostic services is to claim payment from the health in­ furnished: transferred from this Subpart A to the surance program for all emergency (1) The individual met the conditions supplementary medical insurance bene­ services furnished in a calendar year for entitlement to hospital insurance fits plan described in Subpart B of this under title XVIII of the Act (see benefits under the provisions described part. § 405.658); in this Subpart A (see § 405.102); 14. Sections 405.150-405.152 are re­ (6) Written request for payment is (2) -The hospital did not have an vised to read as follows: filed by, or on behalf of the individual agreement in effect pursuant to the pro­ to whom such services were furnished; visions of § 405.606 (relating to provider § 405.150 Payment for services fur­ (7) Payment for the services would agreements for participation in the nished ; general. have been made if an agreement under health insurance program) but would Amounts payable under the provisions § 405.606 had been in effect with the have been eligible, subject to the condi­ described in this Subpart A for inpatient hospital and the hospital otherwise met tions and limitations 'set out in this Part hospital services, posthospital extended the conditions for payment; 405 and title XVIII of the Act, to receive care services, posthospital home health (8) The hospital’s claim for payment payment with respect to such services if services or outpatient hospital diagnostic is filed with the Administration and is at the time such services were furnished services furnished to an individual are accompanied (attached thereto or as the hospital had such an agreement in payable, except as provided in §§ 405.152, part thereof) by a physician’s state­ effect; 405.153, 405.156, and 405.157, only to a ment describing the nature of the (3) The hospital met the requirements participating provider of services, that emergency and stating that the emer­ of section 1861(e) (5) and (7) of the Act is, a provider which has entered into an gency services rendered were necessary (see § 405.1001(a)) and (i) was primarily agreement with the Secretary under the to prevent the death of the individual engaged in providing under the super­ conditions described in Subpart F of this or the serious impairment of his health. vision of a doctor of medicine or osteop­ Part 405. The statement must be sufficiently com­ athy the services described in section § 405.151 Payment for services fur­ prehensive to support a finding (see 1861(e)(1) and (ii) was not primarily nished; determination of amount § 405.191) that an emergency existed. engaged in providing the services de­ payable based on reasonable cost. Where the hospital files a second or scribed in section 1861 (j) (1) (A) of the subsequent claim with respect to such Act (see § 405.1101(a)); The amount payable to any provider (4) The hospital did not meet the re­ (and under the provisions described in emergency situation, such second or subsequent claim must be accompanied quirements that must be met to permit §§ 405.152 and 405.153) with respect to payment to be made to the hospital un­ services for which payment may be made by a physician’s statement containing sufficient information to indicate clearly der the provisions of this Subpart A; and under this Subpart A is, subject to the (5) Written application for payment is provisions for reducing such payment that the emergency situation still filed with the Administration before (see §§ 405.113, 405.114, 405.115, 405.123, existed. When inpatient hospital serv­ January 1, 1969, by or on behalf of the 405.124, and 405.142), based on the rea­ ices are involved, an initial or subse­ individual to whom the services were sonable cost of such services. The quent physician’s statement (as ap­ furnished. method of determining ‘‘reasonable cost” propriate) must include the date when, (b) Benefits may be paid to an indi­ is discussed in Subpart D of tltis Part in the physician’s judgment, the emer­ gency ceased. vidual pursuant to paragraph (a) of this 405. section for: (b) For purposes of the hospital in­ § 405.152 Payment for services fur­ (1) 20 days of inpatient hospital serv­ nished ; nonparticipating hospital surance benefits program, ‘‘emergency ices furnished during a spell of illness, furnishing emergency services. services” are those inpatient hospital less 1 day for each day in excess of 70 services (see § 405.116) and outpatient days for which the individual is other­ (a) Payment (in amounts as deter­ hospital diagnostic services (furnished wise entitled to have payment made un­ mined in accordance with § 405.151) may before April 1968—see § 405.145) which der this Subpart A dining such spell of be made to a hospital even though the are necessary to prevent the death or illness; or hospital is not a participating provider serious impairment of the health of the (2) 90 days of inpatient hospital serv­ (i.e., it has not entered into an agree­ individual, and which, because of „the ices furnished during a spell of illness, ment with the Secretary, pursuant to threat to the life or health of the in­ less 1 day for each day for which the in­ section 1866 of the Act—see § 405.606) dividual, necessitate the use of the most dividual is otherwise entitled to have if: accessible hospital (see § 405.192) avail­ payment made under this Subpart A dur­ (1) The hospital meets the require­ able and equipped to furnish such serv­ ing such spell of illness, but only if the ments of section 1861(e) (5) and (7) of ices. (With respect to outpatient hospi­ the Act (see § 405.1001(a) ), and: hospital furnishing such services enters tal services furnished on or after into an agreement pursuant to § 405.606 (1) Is primarily engaged in providing April 1, 1968^—see § 405.249.) under the supervision of a doctor of before January 1, 1969, and furnishes to medicine or osteopathy the services de­ 15. In § 405.153, paragraph (c) is re­ the Administration (with respect to the vised to read as follows: individual’s application for payment) a scribed in section 1861(e) (1) ; and determination pursuant to the hospital’s (ii) Is not primarily engaged in pro­ § 405.153 Payment for services; hospital utilization review plan (see § 405.1035) viding the services described in section outside the United States furnishing regarding the need for more than 20 days 1861 (j) (1) (A) (see § 405.1101(a) ) ; emergency services. of inpatient hospital services during such (2) The services furnished are emer­ ***** spell of illness. gency services (see paragraph (b) of (c) The conditions set forth in § 405.- (c) Benefits may not be paid to an this section) furnished an individual 152(a) (4) and (7) are met. who meets the requirements of individual pursuant to paragraph (a) of 16. Sections 405.156-405.158 are added this section for expenses incurred for § 405.102; to read as follows: (3) The services are furnished by the items or services that are paid for di­ hospital or by others under an arrange­ § 405.156 Payment to entitled individ­ rectly, or indirectly, by any governmen­ ment made by the hospital; ual for services furnished by a non­ tal entity (e.g., services which have been (4) The hospital agrees to comply, participating hospital; inpatient ad­ paid for by a public welfare plan or pro­ mission before January 1,1968. gram, or services furnished by a Federal with respect to the services furnished, hospital). with the provisions of Subpart F of (a) Subject to the conditions and lim­ ' this Part 405 regarding the charges for itations in the succeeding paragraphs of § 405.157 Payment to entitled individ­ such services which ¿nay be imposed on this section an individual may, with re­ ual for emergency services furnished the individual or any other person, and spect to an inpatient hospital admission after 1967. the return of any money incorrectly before January 1, 1968, receive payment An individual entitled to hospital in­ collected; (see § 405.158) on the basis of an itemized, surance benefits (see § 405.102) m a y re­ (5) The hospital has filed and the hospital bill for inpatient hospital serv­ ceive payment on the basis of an itemized Administration has accepted (witlr re- ices furnished by (or under arrange­ hospital bill (see § 405.158) for inpatient

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 RULES AND REGULATIONS 11207 hospital services furnished with respect § 405.160 Payment to participating hos­ hospital services furnished after such to an admission to the hospital on or pital for inpatient hospital services; 9Qth or 150th day or after such 190th day after January 1, 1968, and for outpatient conditions for payment. in the case of inpatient psychiatric hos­ hospital diagnostic services furnished on (a) Inpatient hospital services. Pay­ pital services if: or after January 1, 1968, and before ment may be made to a participating * * * * * April 1, 1968, if: hospital for inpatient hospital services (2) The individual has exhausted the (a) The services are furnished by a (other than inpatient psychiatric or additional 60 days of inpatient hospital nonparticipating hospital and would tuberculosis hospital services) furnished services for which he is entitled to have otherwise constitute emergency services an individual if: payment made (see § 405.110(a) (2)) and for which payment may be made under (1) Written request for payment is payment is precluded only because of the provisions of § 405.152, if such hos­ filed by, or on behalf of the individual to the limitations on days of services dis­ pital had filed, and the Administration whom the services were furnished; cussed in §§ 405.110-405.112 inclusive; had accepted, the hospital’s election to (2) When required, a physician (other ***** claim payment for all such emergency than a doctor of podiatry or surgical services: and chiropody) certifies and recertifies (see 19. Sections 405.162-405.163 are re­ (b) Written application for payment is Subpart P of this part) that such inpa­ vised to read as follows: filed with the Administration by, or on tient hospital services were required to § 405.162 Prohibition against payment behalf of, the individual to whom the be given on an inpatient basis for the for inpatient hospital services fur­ services were furnished. individual’s medical treatment, or that nished after utilization review find­ inpatient diagnostic study was medically ing that further services are not med­ § 405.158 Payment to entitled individ­ ically necessary. ual; determination of amount pay­ required and the services were necessary able for services furnished by a non­ for such purpose; and Where pursuant to a system of utiliza­ participating hospital. * * * * * tion review (see § 405.1035), a finding has (a) Inpatient hospital services, tl) (b) Inpatient psychiatric hospital been made that further inpatient hos­ The amount payable to any individual services. Payment may be made to a par­ pital services are not medically neces­ with respect to payment under this Sub­ ticipating hospital for inpatient psychi­ sary, payment may be made only for part A for inpatient hospital services atric hospital services furnished an those inpatient hospital services fur­ (including emergency inpatient services) individual if: nished before the fourth day following furnished by a nonparticipating hospital (1) Written request for payment is the day on which the hospital received (see §§405.156 and 405.157) is, subject filed by or on behalf of the individual to notice of such finding. to the provisions of §§ 405.113 through whom the services were furnished; § 405.163 Prohibition against payment 405.115 for reducing such payment, equal (2) When required, a physician (other for inpatient hospital services fur­ to 60 percent of the hospital’s reason­ than a doctor of podiatry or surgical nished after 20th consecutive day by able charges for routine services fur­ chiropody) certifies and recertifies (see a hospital which has failed to make nished in accommodations occupied by Subpart P of this part) that such inpa­ timely utilization review. the individual, or in accommodations tient psychiatric hospital services were Where the Secretary has determined containing from two to fo” . which­ required to be given on an inpatient that a hospital has substantially failed to ever is less; plus basis, by or under the supervision of a make timely utilization review (see (2) 80 percent of the _~asonable physician, for the psychiatric treatment § 405.617) in long stay cases and has im­ charges for ancillary services. If the hos­ of the individual, and posed the limitation on days of services pital does not make separate charges for * * * * * provided in section 1866(d), no payment such routine and ancillary services, pay­ (c) Inpatient tuberculosis hospital may be made under this Subpart A for ment (subject to the applicable deduc­ services. Payment may be made to a par­ inpatient hospital insurance services tions) will be equal to two-thirds of the ticipating hospital for inpatient tubercu­ furnished by such hospital to any indi­ hospital’s reasonable charges for the in­ losis hospital services furnished an vidual after the 20th consecutive day patient services received, not to exceed individual if: on which such services have been fur­ charges based on accommodations con­ nished to him if the individual is taining from two to four beds. (i> Written request for such payment is filed by or on behalf of the individual .admitted after the effective date of such (b) Emergency outpatient hospital determination. diagnostic services. The amount payable to whom the services were furnished; to any individual with respect to pay­ (2) When required, a physician (other 20. In § 405.165, paragraphs (a), (b), ment under this Subpart A for emer­ than a doctor of podiatry or surgical and (b) (1) are revised to read as gency outpatient hospital diagnostic chiropody) certifies and recertifies (see follows: services furnished by a nonparticipating Subpart P of this part), that such serv­ § 405.165 Payment for posthospital ex­ hospital on or after January 1, 1968, and ices were required to be given on an in­ tended care services; conditions. before April 1, 1968 (see § 405.157) is, patient basis, by or under the supervision ***** subject to the provisions of § 405.142 for of a physician, for the treatment of reducing such payment, equal to 80 per­ tuberculosis and such treatment could (a) Written request for such payment cent of the hospital’s reasonable charge reasonably be expected to improve the is filed by or on behalf of the individual for such services. condition or render the condition non- to whom such services were furnished; (c) Routine and ancillary services; communicable; (b) When required, a physician (other defined. For purposes of this section the ♦ * * * * than a doctor of podiatry or surgical term “routine services” means the regu­ 18. In § 405.161, paragraphs (a) andchiropody) certifies and recertifies (see lar room, dietary and nursing services, (a) (2)- are revised to read as follows: Subpart P of this part) that such serv­ minor medical and surgical supplies, and ices were required to be given on an the use of equipment and facilities for § 405.161 Payment for inpatient hos­ inpatient basis because the individual which a separate charge is not customar- pital services; furnished after 90- or needed skilled nursing care on a con­ uy made. Charges for two to four bed 150-day limit or after 190-day limit. tinuing basis: accommodations or the accommodations (a) Even though an individual is not , (1) For any of the conditions with occupied, whichever is less, will be the entitled to have payment made under respect to which he was receiving in­ basis for the routine charges allowed. this Subpart A for inpatient hospital patient hospital services (or services The term “ancillary services” means services because of the 90-day or up to which would constitute inpatient hos­ those covered special services for which 150-day (as appropriate) benefit limita­ pital services if the institution had met charges are customarily made over and tion for a spell of illness as described in the necessary requirements relating above those for routine services. §405.110(0, or the 190-day lifetime respectively to a utilization review plan 17. In § 405.160, paragraphs (a), (1), benefit limitation on inpatient psychi­ (see § 405.1035) and such other require­ (b), (l), (2)* (c), (1), and (2) are atric hospital services see § 405.110(d), ments as the Secretary finds necessary revised to read as follows: payment may be made for the inpatient in the interest of health and safety (see

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11208 RULES AND REGULATIONS

§ 405.1001 et seq) for qualification as a nostic services furnished before April must be furnished by the most accessible “hospital”) prior to transfer to the ex­ 1968 (see §§ 405.141-405.145), only if: hospital available and equipped to fur­ tended care facility; or (a) Written request for such payment nish such services. * * * * * is filed by or on behalf of the individual (b) Objectives. The objective of the 21. Sections 405.166-405.167 are re­ to whom such services were furnished: requirement in paragraph (a) of this vised to read as follows; and (in the case of such services fur­ section is to limit reimbursement for nished before January 3, 1968); emergency inpatient hospital services § 405.166 Prohibition against payment (b) A physician (other than a doctor for posthospital extended care serv­ provided by nonparticipating hospitals ices furnished after a utilization re­ of podiatry or surgical chiropody) certi­ to situations where transport of the pa­ view finding that services are not fies (see Subpart P of this part) that tient to a participating hospital would medically necessary. such services were required for diagnostic have been medically inadvisable, e.g., study. the participating hospital would have Where pursuant to a system of utiliza­ 24. Sections 405.191 and 405.192 aretaken longer to reach and the patient’s tion review (see § 405.1137), a finding has added to read as follows: condition necessitated immediate admis­ been made that further posthospital § 405.191 Emergency services; finding sion for hospital services; and for so extended care services are not medically long as that condition precluded the pa­ necessary, payment may be made only that an emergency existed and/or has ceased. tient’s discharge or removal to a par­ for those posthospital extended care ticipating hospital. services furnished before the fourth day (a) General. Payment to a nonpartici­ (1) In emergency situations, time is a following the day on which the extended pating hospital for emergency services crucial factor and the patient must ordi­ care facility received notice of such (as defined in § 405.152(b)) can be made narily receive hospital care as soon as finding. only for the period during which the possible. Under such circumstances, all § 405.167 Prohibition against payment emergency exists. factors must be considered which bear for services furnished by a facility (b) Objective. The objective of para­ on whether or not the required care which fails to make timely utilization graph (a) of this section is to limit reim­ could be provided sooner in the nonpar­ review. bursement for emergency inpatient hos­ ticipating hospital than in a participat­ Payment may not be made for posthos­ pital services only to periods during ing hospital in the general area. The which the patient’s state of injury or determination must take account of such pital extended care services furnished disease is such that a health or life- an individual on any day after the 20th endangering emergency existed and con­ matters as relative distances of the par­ consecutive day on which such services tinued to exist, requiring immediate care ticipating and nonparticipating hospi­ have been furnished thé individual, if which could only be provided in a tals, the transportation facilities avail­ such individual is admitted to the ex­ hospital. able to these hospitals, the quality of tended care facility after the effective (1) The finding that an emergency the roads to each hospital, the availabil­ date of the Secretary’s determination existed and/or has ceased will ordinarily ity of beds at each hospital, and any (which can be effective only after notice be supported by medical evidence includ­ other relevant factors. All of these fac­ to the facility and the hospital or hospi­ ing the attending physician’s supporting tors are pertinent to a determination tals with which it has a transfer agree­ statement (see § 405.152(a) (8)) and, of whether a hospital 4s “the nearest,” ment, and to the public) that such fa­ when appropriate, information furnished or “further away,” or “closer to” the cility has substantially failed to make by the hospital. However, a statement by place where the emergency occurred. timely utilization review (see § 405.617) the physician or hospital that an emer­ (2) The considerations referred to in of long stay cases, and that payment for gency existed, in the absence of sufficient subparagraph (1) of this paragraph are posthospital extended care services is to medical information to establish the ac­ generally applicable to rural areas, where be so limited. For prohibition against tual emergency, will not constitute suffi­ hospitals are likely to be spaced far apart. payment for inpatient hospital services cient evidence of the existence of an In urban and suburban areas, where both furnished after failure to make timely emergency. participating and nonparticipating hos­ utilization review, see § 405.163. (2) An emergency no longer exists pitals are similarly available, it will be 22. In § 405.170, paragraphs (a), (b), when it becomes safe from a medical presumed that the services could have (b) (3), and (b) (4) are revised to read as standpoint to move the individual to a been provided in a participating hospital. follows: participating hospital or other institu­ This presumption can be overcome only by clear and convincing evidence show­ § 405.170 Payment for posthospital tion, or to discharge him. home health services; conditions. (3) Existence of medical necessity for ing the medical or practical necessity in * * * * * emergency services is based on the phy­ each individual case for taking the pa­ sician’s assessment of the patient prior tient to a nonparticipating hospital in­ (a) Written request for such payment to admission to the hospital. Therefore, stead of a similarly available participat­ is filed by or on behalf of the individual conditions developing after a nonemer- ing hospital. to whom such services are furnished; gent admission are not considered emer­ (3) There are some situations requir­ (b) When required, a physician (other gency services for purposes of this ing prompt removal of a patient to a than a doctor of podiatry or surgical subparagraph. hospital but in which there was no im­ chiropody) certifies and recertifies (see (4) Death of the patient during hos­ mediate need, of the kind described in Subpart P of this part) that: pitalization will not necessarily establish subparagraph (1) of this paragraph, to $ $ ♦ ♦ the existence of an emergency, as some rush the patient to a hospital, i.e., his (3) A plan for furnishing such services chronically ill patients, while requiring condition, while requiring prompt at­ to such individual has been established long terminal hospitalization, are not tention in a hospital, indicated there was and is periodically reviewed by a physi­ in need of immediate hospitalization, so some time available to get him to one. cian (other than a doctor of podiatry or that care in a participating hospital can In such cases the services provided in a surgical chiropody) ; and be planned. Similarly, lack of adequate nonparticipating hospital are not cov­ (4) The services were furnished while care at home does not necessarily estab­ ered as emergency inpatient hospital the individual was under the care of a lish need for emergency services. services if there was a participating hos­ physician (other than a doctor of podia­ (5) Lack of transportation to a par­ pital in the same general. area but try or surgical chiropody). ticipating hospital does not constitute a further away from the place where the 23. Section 405.175 is revised to read reason for emergency hospital admission, emergency occurred, provided that pro­ as follows: unless there is also an immediate threat fessional judgment confirms that the to the life and health of the patient., additional time required to take the pa­ § 405.175 Payment to participating hos­ tient to the participating hospital would pital for outpatient hospital diag­ §405.192 Emergency services; finding not have been hazardous to the patient. nostic services ; conditions. of accessibility. (4) The determination whether the Payment may be made to a participat­ (a) General. Services, to be emergency nonparticipating hospital which claims ing hospital for outpatient hospital diag­ services (as defined in § 405.152(b)), reimbursement is the most “accessible”

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 RULES AND REGULATIONS 11209 hospital will be made on the basis of the riod provided in the notice of the desire of considerations set forth in paragraphs Title 41— PUBLIC CONTRACTS a public agency to acquire the property (c) and (d) of this section; interpreted under the provisions of the statutes listed in accordance with the statement of ob­ AND PROPERTY MANAGEMENT in § 101-47.4905, or is not notified by jectives in this paragraph (b). The per­ the Department of Health, Education, sonal preference of a patient, or of his Chapter 101— Federal Property and Welfare of a potential educational or physician, or of members of his family, Management Regulations public health requirement, it shall be assumed that no public agency or non­ or others, in the selection of a hospital, SUBCHAPTER H— UTILIZATION AND DISPOSAL will not be considered a factor in deter­ profit institution desires to procure the mining whether services were furnished PART 101-47— UTILIZATION AND property. by the most accessible hospital. Nor will DISPOSAL OF REAL PROPERTY (g) The disposal agency shall prompt­ the nonavailability of staff privileges to ly review each response of a public the attending physician in a participat­ Notification to Public Agencies of Sur­ agency to the notice given pursuant to ing hospital which is available and most plus Property for Zoning and Acqui­ § 101-47.303-2 (b). The disposal agency accessible to the patient, or the location sition Purposes shall determine what constitutes a rea­ sonable period of time to allow the public of previous medical records, be consid­ N ote: Due to inadvertent errors, this doc­ ered a factor in the determination of ument which formerly appeared in thé issue agency to develop and submit a formal accessibility. for Thursday, June 26, 1969, at page 9858, is application for the property. When mak­ (c) Conditions under which the acces­ being republished. ing such determination, the disposal agency shall give consideration to the sibility requirement will be met. Where The Intergovernmental Cooperation an individual must be taken to a hospital potential suitability of the property for Act of 1968, 82 Stat. 1098, among other the use proposed, the length of time the immediately for required diagnosis or things, amended the Federal Property medical treatment, the accessibility re­ public agency has stated it will require and Administrative Services Act of 1949, to develop and submit a formal applica­ quirement will be met, except as pro­ as amended,- to add a new title VIII vided in paragraph (d) of this section, tion, the protection and maintenance thereto entitled “Urban Land Utiliza­ costs to the Government during such if it is established to the satisfaction of tion.” Section 803 thereof, requires that the Administration that: length of time, and any other relevant the unit of general local government facts and circumstances. The disposal (1) The nonparticipating hospital having jurisdiction over zoning and land which furnished the emergency services agency shall coordinate such review and use regulations be notified prior to offer­ determination with the proper regional is the nearest hospital to the point at ing for sale real property situated in an which the emergency occurred (subject office of any interested Federal agencies urban area to afford that local govern­ listed below: to the presumption contained in para­ mental unit the opportunity of such zon­ graph (b) (2) of this section); and, if (1) Bureau of Outdoor Recreation, ing for the use of the land in accordance Department of the Interior; there is a similarly available participat­ with local comprehensive planning. It ing hospital, the evidence shows the med­ (2) Department of Health, Education, also provides that prospective purchasers and Welfare; ical or practical necessity for taking the be furnished with such zoning informa­ patient to a nonparticipating hospital; tion and advice as availability of streets, (3) Federal Aviation Administration, or sidewalks, water, street lights, and other Department of Transportation; (2) One or both of the following rea­ service facilities. This amendment to (4) Fish and Wildlife Service, Depart­ sons apply: Part 101-47 implements section 803 of ment of the Interior; and (i) No closer participating hospital the Federal Property Act, and makes (5) Federal Highway Administration, has a bed available or will accept the other incidental revisions in the regula­ Department of Transportation. individual; or tions. The requirement to give the local (h) When the disposal agency has (ii) The nonparticipating hospital is governmental unit the opportunity to made a determination as to what consti­ the nearest one equipped medically to zone in accordance with local compre­ tutes a reasonable period of time to de­ deal with the type of emergency involved; hensive planning prior to offering for velop and submit a formal application, or it is the nearest hospital which is sale supersedes the previous ^practice of the public agency shall be so notified. equipped to handle the emergency which soliciting comprehensive and coordinated The public agency shall be advised of the had a bed available when the emergency plans from the local public agencies for information required in connection with occurred. the use and procurement of surplus real an application to procure the property. (d) Conditions under which the acces­ property. (i) Upon receipt of the formal appli­ sibility requirement will not be met. The The table of contents for Part 101-47 cation for the property, the disposal accessibility requirement will not be met is amended by adding three entries, as agency shall consider and act upon it in if: follows: accordance with the provisions of the (1) (i) The diagnosis in the emer­ Sec. statute and applicable regulations. gency claim or other evidence indicates 101-47.303-2a Notice for zoning purposes. 2. New § 101-47.303-2a is added as there was some time for getting the in­ 101—47.4906a Attachment to notice sent to follows: dividual to a hospital, and no immedi­ zoning authority. ate need to rush him to one; and 101-47.4906b Paragraph to be added to § 101—47.303—2a Notice for zoning pur­ poses. (ii) There is a participating hospital letter sent to zoning m the area which is further away from authority. (a) Where the surplus land is located the point at which the emergency oc­ in an urban area as defined in section 806 Subpart 101—47.3— Surplus Real of the Act, that copy of the notice to curred than the nonparticipating hospi­ Property Disposal tal, but is equipped to handle such an public agencies required under § 101— emergency; and 1. Section 101-47.303-2 is amended as47.303-2 (b) which is sent to the head of (iii) The additional time it would have follows: the local governmental unit having ju­ risdiction over zoning and land use regu­ required to take the individual to the § 101—47.303—2 Disposals to public lation in the area shall be accompanied Participating hospital would not have agencies. been hazardous to the patient; or by a copy of section 803 of the Act (see Citations of the statutes authorizing § 101-47.4906a) and the transmittal let­ (2) There is a participating hospital, the disposal of property to public agen­ ter in such instances shall include an equipped to handle the emergency with cies, the type of property the public additional paragraph requesting infor­ a bed available, closer to where the emer­ agencies may procure under each statute, mation concerning zoning as set forth in gency occurred than the nonparticipat- and the public agencies eligible to § 101.47.4906b. mg hospital in which the beneficiary received emergency services; and nei- procure such property are given in (b) Information which is furnished by § 101-47.4905. the unit of general local government pur­ „ r of the reasons described in para­ suant to the action taken in paragraph graph (c) (2) of this section apply. ♦ * * * * (a) of this section shall be included in [P.R. Doc. -69-7812; Filed, July 2, 1969; (f) If the disposal agency is not in­Invitations for Bid in advertised sales. 8:45 a.m.] formed within the 20-calendar-day pe- In negotiated sales, this information FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 No. 127----- 5 11210 RULES AND REGULATIONS shall be presented to prospective pur­ chasers during the course of the nego­ Statute Type of disposal tiations and shall be included in the 50 UJ3.C. App. 1622(h)____ Public park, recreational area, or historic monument. sales agreements. In either instance, this 40 UJ3.C. 484(k) (1) (A)____ School, classroom, or other educational purposes. information shall be followed by a writ­ 40 UJS.C. 484(k) (1) (B)____ Protection of public health, including research. ten statement, substantially as follows: 50 U.S.O. App. 1622(g) ____ Public airport. 23 U.S.C. 107 and 317______Federal aid and certain other highways. The above information was obtained from 40 U.S.O. 484(e) (3) (H )___ Negotiated sales to public bodies for use for public purposes ______and is furnished generally.® pursuant to section 803. of the Federal Prop­ erty and Administrative Services Act of 1949, as amended. The Government does not guar­ If any public agency desires to acquire the § 101—47.4906a Attachment to notice antee that the information is necessarily ac­ property under cited statutes, notice thereof sent to zoning authority. curate or will remain unchanged. Any in writing must be filed w ith ______Federal Property and Administrative Serv­ inaccuracies or changes in the above informa­ (Name of ices Act of 1949, As Amended tion shall not be cause for adjustment or ______, ______be- rescission of any contract resulting from this Title vm —Urban La n d -Utilization Invitation for Bid or Sales Agreement. disposal agency) (Address) (c) If no response to a request for suchfore ______Standard DISPOSAL OF URBAN LANDS zoning information is received, the (Hour and zone) Sec. 803 property may be offered for sale without Time, ______.» Such notice (a) Whenever the Administrator contem­ furnishing such information to pro­ (Day) (Date) plates the disposal for or on behalf of any shall: Federal agency of any real property situated spective purchasers. If the unit of gen­ within an urban area, he shall, prior to eral local government notifies the 1. Disclose the contemplated use of the offering such land for sale, give reasonable disposal agency of its desire to zone the property; notice to the head of the governing body of property, it shall be afforded a 30-calen­ the unit of general local government having 2. Contain a citation of the applicable jurisdiction over zoning and land-use regula­ dar-day period (in addition to the 20- statute or statutes under which the public tion in the geographical area within which calendar days afforded in the notice of agency desires to procure the property; the land or lands are located in order to afford surplus determination) to issue such 3. Disclose the nature of the interest if an the government the opportunity of zoning for the use of such land in accordance with zoning regulations. If the zoning can­ interest less than fee title to the property is local comprehensive planning. not be accomplished within this time contemplated; (b) The Administrator, to the greatest frame, the sale may proceed but the 4. State the length of time required to practicable extent, shall furnish to all prospective purchasers shall be advised develop and submit a formal application for prospective purchasers of such real property, the property (where a payment to the Gov­ full and complete information concerning: of the pending zoning of the property. (1) Current zoning regulations and pro­ ernment is required under the statute, in­ spective zoning requirements and objectives Subpart 101—47.49— Illustrations clude a statement as to whether funds are for such property when it is unzoned; and 1. Section 101-47.4906 is revised asavailable and, if not, the period required to (2 ) Current availability to such property follows: obtain funds); and of streets, sidewalks, sewers, water, street 5. Give the reason for the time required lights, and other service facilities and pro­ § 101—47.4906 Sample notice to public to develop and submit a formal application. spective availability of such services if such agencies of surplus determination. property is included in comprehensive Any planning for an educational or a pub­ planning. N otice of Surplus Determination— lic health use of property sought to be ac­ G overnment Property quired subject to a public benefit allowance § 101—47.4906b Paragraph to be added must be coordinated with the Department to letter sent to zoning authority. (Date) of Health, Education, and Welfare As the head of the governing body of ------An (Name of property) the unit of general local government (Address of proper regional office) having jurisdiction over zoning and land- (Location) application form to acquire property for an use regulations in the geographical area Notice is hereby given that the educational or public health requirement, within which this surplus property is and instructions for the preparation and sub­ located, you also may be interested in (Name of property) mission of an application, may be obtained section 803 of the Federal Property and ;______has been deter- from that office. Application forms or instruc­ Administrative Services Act of 1949, as (Location) tions to acquire property for all other public amended, 82 Stat. 1105, a copy of which mined to be surplus Government property. use requirements may be obtained from is attached for ready reference. It is re­ The property consists of 1,333.65 acres of quested that the information contem­ fee land and a 5.968-acre drainage ditch (Name of disposal agency) (Address) plated by section 803(b) be forwarded easement, together with installed landing Upon receipt of such written notice, the this office within the same 20-calendar- strips, taxiways, walks, roads, parking area, public agency shall be promptly informed electrical system, and fencing. day period prescribed in the attached concerning the period of time that will be notice of surplus determination for the This property is surplus property available allowed for submission of a formal advising of a desire to acquire the prop­ for disposal pursuant to the provisions of application. the Federal Property and Administrative erty. If the property is unzoned and you Services Act of 1949 (40 U.S.O. 471 et seq.) In the absence of such written notice, or desire the opportunity to accomplish and applicable regulations. The applicable in the event a public use proposal is not such zoning in accordance with local regulations provide that public agencies approved, the regulations issued pursuant to comprehensive planning pursuant to sec­ (non-Federal) shall be allowed a reasonable authority contained in the Federal Property tion 803(a), please so advise us in writ­ period of time to submit a formal applica­ and Administrative Services Act of 1949, ing within the same time frame and let tion for surplus real property in which they provide for offering the property for sale us know the time you will require for may be interested. Disposal of this property, for its highest and best use. or portions thereof, may be made to public the promulgation of such zoning regula­ agencies for the public uses stated below 2. New §§ 101-47.4906a and 101-tions. We will not delay sale of the whenever the Government has determined 47.4906b are added as follows: property pending such zoning for more that the property is available for such uses than 50 days from the date of this notice. and that disposal thereof is authorized by However, if you will not be able to ac­ the statutes cited and applicable regula­ 2 List only for properties having an esti­ complish the desired zoning before the tions: 1 mated fair market value of $10,000 or more. property is placed on sale, we will ad­ 8 This date shall be 20 calendar days after 1 List only the statutes (showing type of the date of the notice. vise prospective purchasers of the pend­ disposal) applicable to disposal to public 4 Delete this paragraph whenever property ing zoning in process. bodies of the property determined to be is not available for transfer for an educa­ 3. Section 101-47.4906-1 is revised as surplus. tional or public health use. follows: • ■

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 RULES AND REGULATIONS 11211

§ 101—47.4906—1 Sample letter for 3. It is ordered, That Part 95 of theby the Delaware and Hudson Railway Co. transmission of notice of surplus rules and regulations is amended as set oyer tracks of the Penn Central Co. be­ determination. forth below effective July 3, 1969. tween Penn Central Co. milepost 142.4 in (Secs. 4, 5, 303, 48 Stat. as amended, 1066, the vicinity of Rensselaer, N.Y., and mile­ (Date) 1068, 1082; 47 U.S.C. 154, 155, 303) post 160.0 in the vicinity of Schenectady, Certified Mail—Return Receipt Requested N.Y., pending final disposition by the Adopted: June 30,1969. Commission of the application of the Released: June 30,1969. Delaware and Hudson Railway Co. in Finance Docket No. 25677: F ederal Communications It is ordered, That: (Addressee) Commissison, Dear------: [seal] B en F. W aple, § 1033.1029 Service Order No. 1029. The former ______Secretary. (a) Delaware and Hudson Railway (Name of property) Part 95 of the Commission’s rules is Co. authorized to operate over tracks of ______has Ween deter- amended as follows: Penn Central Co. The Delaware and Hud­ (Location) 1. In § 95.37, paragraph (a) (2) is son Railway Co. be, and it is hereby, au­ mined to be surplus Government property amended to read as follows: thorized to operate over tracks of the and available for disposal. Penn Central Co. between Penn Central Included in the attached notice are a de­ § 95.37 Limitations on antenna struc­ Co. milepost 142.4 in the vicinity of Rens­ scription of the property and procedural tures. selaer, N.Y., and milepost 160.0 in the instructions to be followed if any public (a) * * * agency desires to submit an application for vicinity of Schenectady, N.Y. the property. Please note particularly the (2) The antenna structures proposed (b) Application. The provisions of this name and address given for filing written to be erected will exceed an overall order shall apply to intrastate and for­ notice if any public agency desires to sub­ height of 1 foot above the established eign traffic as well as to interstate mit such an application, the time limita­ airport (landing area) elevation for each traffic. tion within which written notice must be 200 feet of distance or fraction thereof (c) Rules and regulations suspended. filed, and the required content of such notice. from the nearest boundary of such land­ The operation of all rules and regula­ In order to ensure that all interested par­ ing area except where the antenna does ties are informed of the availability of this tions,^insofar as they conflict with the property, please post the additional copies not exceed 20 feet above the ground or provisions of this order, is hereby of the attached notice in appropriate conspic­ where the antenna is mounted on top of suspended. uous places.1 an existing manmade structure, other (d) Effective date. This order shall be­ than an antenna structure, or natural come effective at 12:01 a.m., June 29, A notice of surplus determination also is formation and does not increase the being mailed t o ______1969. (Other addressees) overall height of such manmade struc­ (e) Expiration date. The provisions of ture or natural formation by more than this order shall expire at 11:59 p.m., Sincerely, 20 feet. Application for Commission ap­ November 30,1969, unless otherwise mod­ Attachment proval, if required, shall be submitted on ified, changed, or suspended by order of (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) FCC Form 400. this Commission. * * * * * Effective date. This amendment is (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, § 95.41 [Amended] 384, as amended; 49 U.S.C. 1, 12, 15, and effective upon publication in the F ed­ 17(2). Interprets or applies secs. 1(10-17), eral R egister. 2. Section 95.41(a)(1) is amended by 15(4), and 17(2), 40 Stat. 101, as amended Dated: June 20,1969. the deletion of footnote 1. 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and [P.R. Doc. 69-7870; Piled, July 2, 1969; 17(2)) J ohn W. Chapman, Jr., 8:48 a.m.] Acting Administrator It is further ordered, That copies of of General Services. this order shall be served upon the Asso­ ciation of American Railroads, Car Serv­ [PR. Doc. 69-7539; Piled, June 25, 1969; ice Division, as agent of the railroads 8:48 a.m.] Title 49— TRANSPORTATION subscribing to the car service and per Chapter X— Interstate Commerce diem agreement under the terms of that Commission agreement; and that notice of this order shall be given to the general public by Title 47— TELECOMMUNICATION SUBCHAPTER A— GENERAL RULES AND depositing a copy in the Office of the Chapter I— Federal Communications REGULATIONS Secretary of the Commission at Wash­ Commission [Rev. S.O. 1029] ington, D.C., and by filing it with the Director, Office of the Federal Register. PART 95— CITIZENS RADIO SERVICE PART 1033— CAR SERVICE By the Commission, Railroad Service Miscellaneous Amendments Delaware and Hudson Railway Co. Board. Authorized To Operate Over Tracks Order, l. The Commission has before [seal] H. N eil Garson, it the desirability of making certain edi­ of Penn Central Co. Secretary. torial changes in its Citizens Radio Serv­ Revised Service Order No. 1029, super­ [F.R. Doc. 69-7878; Filed, July 2, 1969; ice Rules to clarify the meaning of sedes Service Order No. 1029. 8:49 a.m.] § 95.37 and to delete from § 95.41 a fre­ At a session of the Interstate Com­ quency availability footnote which is no merce Commission, Railroad Service longer pertinent. Board, held in Washington, D.C., on the [S.O. 1030} 2. Authority for the amendments is 27th day of June 1969. PART 1033— CAR SERVICE contained in sections 4(1), 5(d) (1), and It appearing, that because abandon­ 303 of the Communications Act of 1934, ment of the Albany Union Passenger Sta­ Chicago, Rock Island and Pacific as amended. Because the amendments tion and removal of the passenger train Railroad Co. Authorized To Oper­ are editorial in nature, the prior notice interchange tracks between the Dela­ ate Over Tracks of Atchison, To­ ware and Hudson Railway Co. and the peka and Santa Fe Railway Co. and effective date provisions of section 4 Penn Central Co. at Albany, N.Y., these of the Administrative Procedure Act, 5 railroads are unable to interchange pas­ At a session of the Interstate Com­ Ü.S.C. 553, do not apply. merce Commission, Railroad Service senger trains at Albany, N.Y.; that the Board, held in Washington, D.C., on the ‘Attach as many copies of the notice as Delaware and Hudson Railway Co., in 27th day of June 1969. y be anticipated will be required for ade­ Finance Docket No. 25677, has requested It appearing, that because of track quate posting. that the Commission authorize operation damage from flooding, the Atchison,

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11212 RULES AND REGULATIONS Topeka and Santa Pe Railway Co. is hereby authorized, to operate over tracks (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, unable to serve shippers located on its of the Atchison, Topeka and Santa Fe 384, as amended; 49 XJ.S.O. 1, 12, 15, and 17 line in Alma, Kans.; that the Chicago, Railway Co. at Alma, Kans. (2). Interprets or applies secs. 1(10-17), 15 (4), and 17(2), 40 Stat. 101, as amended 54 Rock Island and Pacific Railroad Co. has (b) Application. The provisions of this Stat. 911; 49 U.S.C. 1(10-17), 15(4), and agreed to serve industries located on the order shall apply to intrastate and for­ 17(2)) Atchison, Topeka and Santa Pe Railway eign traffic, as well as to interstate Co. at Alma, Elans.; that the Commis­ traffic. It is further ordered, That copies of sion is of the opinion that operation by (c) Rates applicable. Inasmuch as tins this order shall be served upon the As­ the Chicago, Rock Island and Pacific operation by the Chicago, Rock Island sociation of American Railroads, Car Railroad Co. over tracks of The Atchi­ and Pacific Railroad Co. over tracks of Service Division, as agent of the rail­ son, Topeka and Santa Pe Railway Co. is the Atchison, Topeka and Santa Fe Rail­ necessary in the interest of the public way Co. is deemed to be due to carrier’s roads subscribing to the car service and and the commerce of tha people; that disability, the rates applicable to traffic per diem agreement under the terms of notice and public procedure herein are moved by the Chicago, Rock Island and that agreement; and that notice of this impractical and contrary to the public Pacific Railroad Co. over these tracks of order shall be given to the general public interest; and that good cause exists for the Atchison, Topeka and Santa Fe by depositing a copy in the Office of the making this order effective upon less Railway Co. shall be the rates which were Secretary of the Commission at Wash­ applicable on the shipments at the time than 30 days’ notice: of shipment as originally routed. ington, D.C., and by filing it with the It is ordered, T hat: (d) Effective date. This order shall be­ Director, Office of the Federal Register. § 1033.1030 Service Order No. 1030. come effective at 12:01 a.m., June 28, By the Commission, Railroad Service (a) Chicago, Rock Island and Pacific 1969. Board. (e) Expiration date. The provisions of Railroad Co. authorized to operate over this order shall expire at 11:59 p.m., Sep­ [seal] H. N eil G arson, tracks of the Atchison, Topeka and Santa tember 30, 1969, unless otherwise modi­ Secretary. Fe Railway Co. The Chicago, Rock Island fied, changed, or suspended by order of [F.R. Doc. 69-7877; Filed, July 2, 1969; and Pacific Railroad Co. be, and it is this Commission. 8:49 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11213 Proposed Rule Making

Ob) As provided in § 967.38(a), the The order now provides for the distri­ DEPARTMENT OF AGRICULTURE Uniform Percentage for the 1969-70 sea­ bution of total returns from producer son is determined as 84.312 percent. milk through the payment of a uniform Consumer and Marketing Service (c) During the season August l, 1969, price, which is the same for each pro­ through July 31, 1970, no handler may ducer for all his milk. Independent Dairy [ 7 CFR Part 967 ] handle, as provided in § 967.36(b) (1), Farmers’ Association (IDFA) proposes CELERY GROWN IN FLORIDA any harvested celery unless it is within that such returns be distributed through the Marketable Allotment for the pro­ a Class I base plan under which produc­ Marketable Quantity for 1969-70 ducer of such celery. ers would receive approximately the Season; Uniform Percentage; and (d) No reserve for Base Quantities for Class I price for their “base” deliveries Limitation on Handling the 1969-70 season is established. and approximately the Class HI price for (e) Terms used herein shall have the deliveries in excess of their base. Under Notice is hereby given that the Sec­ same meaning as when used in the said their plan, a producer’s base would re­ retary of Agriculture is considering the amended marketing agreement and or­ flect his proportionate share of the Class approval jof a limitation of shipments der. I sales in the market based on his deliv­ regulation, hereinafter set forth, which eries relative to the total producer milk was recommended by the Florida Celery Dated: June 27,1969. pooled during a representative period. Committee, established pursuant to Mar­ P aul A. Nicholson, IDFA represents 74 of the 88 producers keting Agreement No. 149 and Order No. Deputy Director, Fruit and Veg­ under the order and markets 75 to 80 967, both as amended (7 CFR Part 967; etable Division, Consumer and percent of the total producer milk. As 33 F.R. 17845), regulating the handling of Marketing Service. the marketing agent for its members, celery grown in Florida; This program is [F.R. Doc. 69-7861; Filed, July 2, 1969; IDFA assumes the role of balancing milk effective under the Agricultural Market­ 8:48 a.m.] supplies, both on a seasonal and day-to- ing Agreement Act of 1937, as amended day basis, with the fluid milk require­ (7 U.S.C. 601 etseq.). ments of handlers. This entails import­ Alt persons who desire to submit writ­ [ 7 CFR Part 1013 1 ten data, views or arguments in connect ing milk into the market when local sup­ [Docket No. AO—286—A14] plies are short and disposing of supplies tion with this proposal should file the that are in excess of handlers’ needs. same, in four copies, with the Hearing MILK IN SOUTHEASTERN FLORIDA Since 1961, IDFA has operated a type Clerk, Room 112-A, U.S. Department of MARKETING AREA of Class I base plan outside the order to Agriculture, Washington, D.C. 20250, not encourage members to adjust their pro­ later than the 15th day after the publica­ Decision and Order To Terminate Pro­ duction to the needs of the market. The tion of this notice in the F ederal R eg­ ceeding on Proposed Amendments institution of their plan followed the ister. All written submissions made pur­ to Tentative Marketing Agreement suant to this notice will be made available removal from the order of a seasonal for public inspection at the office of the and to Order base-excess plan, which was considered Hearing Clerk during regular business Pursuant to the provisions of the to have stimulated excessive production hours (7 CFR 1.27(b) ). Agricultural Marketing Agreement Act because of a “race for base” by producers. The annual production from the acre­ of 1937, as amended (7 U.S.C. 601 et seq.), IDFA claims that its plan places mem­ age planted recently in Florida and Cali­ and the applicable rules of practice and bers at an economic disadvantage com­ fornia has readily exceeded the demand procedure governing the formulation of pared to other producers on the market, capacity of the United States, Canada, marketing agreements and marketing since the plan applies only to its and the export market without some type orders (7 CFR Part 900), a public hear­ members. of weather difficulty. ing was held at Fort Lauderdale, Fla., on It points out that the other producers, The amount of Florida celery marketed January 9-11, 1968, pursuant to notice being outside the plan, receive for all during the last three seasons has been thereof issued on December 29, 1967 (33 their milk the order uniform price, which 7.702.000 crates, 7,248,000 crates, and F.R. 78). in 1968 averaged $6.96.1 When these pro­ 7.600.000 crates respectively. During Upon the basis of the evidence intro­ ducers increase their production, they these same 3 years approximately the duced at the hearing and the record receive the uniform price on the addi­ following acres have been abandoned for thereof, the Deputy Administrator, Regu­ tional milk also. Its members, IDFA in­ economic reasons alone—1,400, 745, and latory Programs, on April 25, 1969 (34 dicates, do not. Although IDFA receives 200. F.R. 7173; F.R. Doc. 69-5190) filed with for its members the order uniform price It is estimated Florida celery producers the Hearing Clerk, U.S. Department of for all their milk, these returns are re­ will plant 13,000 acres in 1969-70, 9 per­ Agriculture, his recommended decision distributed to the members through their cent above last season’s acreage. With an containing notice of the opportunity to Class I base plan. Members receive ap­ average yield of 670 crates per acre there file written exceptions thereto. proximately the Class I price for base would be a potential supply of 8,710,000 The material issue, findings and con­ milk and approximately the Class IH crates. Under normal conditions Florida clusions and rulings of the recommended price for milk exceeding their base, IDFA cannot reasonably expect to market such decision (34'F.R. 7173; F.R. Doc. 69-5190) stated. Under the order, Class 1 and Class an amount economically. are hereby approved and adopted and are III prices averaged $7.31 and $4.32, re­ . For these and other reasons contained set forth in full herein. spectively, in 1968. IDFA stresses that the Committee’s Marketing Policy The material issue on the record of any additional production by a member Statement it is believed that these reg­ the hearing relates to thè adoption of a already producing his base returns to ulations are necessary to maintain or­ him only the lower price. It is this differ­ derly marketing. Class I base plan. ence—approximately $2.64 in 1968—in The proposal is as follows: Findings and conclusions. The follow­ returns to members and to other pro­ ing findings and conclusions on the ma­ ducers for additional milk production, §967.305 M arketable quantity for terial issue are based on evidence pre­ 1969—70 season; uniform percent­ sented at the hearing and the record age ; and limitation on handling. 1 Official notice is taken of the Southeast­ thereof: ern Florida order monthly statistical releases 1 qco^ *^le Marketable Quantity for the The Southeastern Florida order should issued after the close of the hearing which s ncB 0 season is established, pursuant to not be amended to provide for a Class I provide market data for 1967 and 1968 that * a6‘.36(a). as 7,887,375 crates. base plan. were not available at the time of the hearing.

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11214 PROPOSED RULE MAKING

IDFA argues, that results in the eco­ Producer receipts under the order in clusions are denied for the reasons pre­ nomic disadvantage to members. 1968 were 571 million pounds, 13 percent viously stated in this decision. IDFA states that if a Class I base plan more than the 507 million pounds in In accordance with § 900.9(b) of the is not incorporated in the order it may be 1963. Producer milk used in Class I, general regulations with respect to mar­ forced to abandon its present base plan. which increased 12 percent during this keting agreements and orders (7 CFR It considers the úse of. a Class I base 6-year period, totaled 496 million pounds Part 900), an interested party requested plan essential, however, to the orderly in 1968, compared with 442 million in his brief a reversal of the Presiding balancing of milk supplies with demand pounds in 1963. The Class I utilization Officer’s denial of a motion for a con­ in this market and urges the adoption of of producer milk during the past 6 years tinuance of the hearing. The party con­ such a plan under the order. has approximated 87 percent annually, tended that although the legal require­ The 14 producers in the market who as shown in the following table. ments for notice were met the notice of are not IDFA members oppose a Class hearing provided insufficient time to pre­ I base plan. Of these 14 producers, 10 Producer Percentage pare evidence for the hearing. A con­ are members of Home Milk Producers Year Producer milk in of producer tinuance of the hearing was asked so Association (HMPA), a cooperative receipts Class I milk in Class I that certain statistical data could be which bottles milk and manufactures prepared and presented for inclusion in cottage cheese and ice cream at its own (Million (Million" the record. plant. The four remaining Southeastern pounds) pounds) (Percent) The notice for this hearing, which con­ Florida producers are corporate farms 1963...... 507 442 87.3 vened on January 9, 1968, was published owned and operated by the same person. 1964______511 445 87.2 1965______530 462 87.2 on January 4, 1968. This provided more He and an HMPA member testified con­ 1966 ______535 468 87.5 than the minimum 3-day notice required cerning their operations. 1967...... 568 491 86.4 by § 900.4(a) of the general regulations. Production in December 1964 through 1968______571 - 496 86.9 Such notice is considered to be reason­ March 1965 of the HMPA member who Although able in the circuftistances. The Presiding testified was 4.4 million pounds. In 1967, milk production for the Officer’s ruling on this ^notion is he expanded his production facilities by Southeastern Florida market has in- affirmed. an investment of $160,000 in additional creased, Class I sales have likewise in­ Rulings on exceptions. In arriving at land and cows. He estimated that due creased. Despite relatively larges produc­ the findings and conclusions of this de­ primarily to the expansion, his Decem­ tion increases by some producers, there cision, each of the exceptions received ber 1967-March 1968 production would has been no significant change in the was carefully and fully considered in be about 5.7 million pounds, an increase -relationship between production for the conjunction with the record evidence of 30 percent over the comparable 1964- market and Class I sales. In the past 6 pertaining thereto. To the extent that 65 period. The increase in production by years, the market reserve averaged only the findings and conclusions of this de­ all Southeastern Florida producers dur­ 13 percent of producer deliveries. Such a cision are at variance with any of the ing this period was 11 percent. reserve, as the proponent cooperative in­ exceptions, such exceptions are hereby The owner of the four corporate farms dicates, is, in fact, needed to assure overruled for the reasons previously relocated one farm operation in June handlers of an adequate supply of milk stated in this decision. 1967, involving an investment of more for Class I use. -Termination order. It is hereby found than $900,000 in land, new buildings and Historically, deliveries of Southeastern and determined, on the basis Of the find­ equipment, and 450 additional cows. Florida producers have not always been ings and conclusions and rulings with With the new facility in operation, total adequate Jo meet the market’s Class I respect to the material issue of this pro­ production on the four farms in October needs and milk must be obtained from ceeding, that the proceeding with re­ 1967 was 5 million pounds, 35 percent outside sources. In September through spect to proposed amendments to the more than their October 1965 production December 1968, handlers imported 6 mil­ tentative marketing agreement and to of 3.7 million pounds. Total production lion pounds of milk. Total imports in the order is hereby terminated. of all other Southeastern Florida pro­ 1968 were 8.9 million pounds. In 1967, 1.6 million pounds were imported. Signed at Washington, D.C., on ducers increased 8 percent in the same June 30,1969. 2-year period. The Food and Agriculture Act of 1965 provided the authority to include Class R ichard E. Lyng, Production increases such, as these I base plans in Federal orders. The pro­ Assistant Secretary. have been of particular concern to IDFA posal for a Class I base plan must be [F.R. Doc. 69-7895; Filed, July 2, 1969; which points out that although it repre­ 8:51 a.m.] sents 74 of the 88 producers on the mar­ considered in relation to the basic pur­ ket it has, nevertheless, no control over poses of the authorizing statute. The the production of the other 14 South­ statement of purposes in the statute and eastern Florida producers. It argues that the legislative history of the Class I base FEDERAL RESERVE SYSTEM the efforts of its members, in operating plan provisions in the statute make it abundantly clear that a principal pur­ E12 CFR Parts 204, 213 1 under a base plan to tailor production pose of the 1965 Act is to reduce surplus to the market’s Class I requirements, [Regs. D, M] can be substantially nullified by the milk production. We conclude that there increased production of the other is no milk surplus in the Southeastern RESERVES OF MEMBER BANKS; FOR­ Florida market beyond the normal re­ EIGN ACTIVITIES OF NATIONAL producers. quirement of any market for a minimum Handlers oppose a Class I base plan reserve to meet daily and weekly fluctua­ BANKS 1 for the order. They argue that the basic tions in sales. Accordingly, the inclusion Reserves Against Certain Fo reig n purpose of such plans is to reduce sur­ of a Class I base plan in the Southeast­ Transactions pluses and that the Southeastern Florida ern Florida order is denied at this time. market has no surplus. The handlers Rulings on proposed findings and con­ The Board of Governors is considering note that the market’s Class I utilization clusions. Briefs and proposed findings amending Parts 204 and 213 to impose of producer milk, which averaged 87 per­ and conclusions were filed on behalf of reserve requirements against certain cent for the past 6 years/is among the certain interested parties. These briefs, transactions usually involving so-called highest in the country; and that an­ proposed findings and conclusions and “Euro-dollars”—deposits of U.S. dollars other 5 to 8 percent of the producer milk- the evidence in the record were con­ with banks located outside the United is used in Class II products. Moreover, sidered in making the findings and con­ States, including overseas branches of handlers argue, a reserve supply of clusions set forth above. To the extent U.S. banks. milk—IDFA recommended an amount that the suggested findings and conclu­ equal to 12 percent of the Class I sales in sions filed by interested parties are 1 Despite the title of Part 213, th e condi­ the market—is necessary to assure an inconsistent with the findings and tions, limitations, and restrictions therein adequate milk supply for handlers at all are applicable to foreign activities of State- conclusions set forth herein, the requests chartered member banks as well as national times. to make such findings or reach such con­ banks (12 U.S.C. 321, 601).

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 PROPOSED RULE MAKING 11215

The proposed amendments are de­ Reserve Bank of its district a daily aver­ § 204.1 [Amended] signed to remove a special advantage to age balance equal to 10 percent of the (1) By amending the exemption member banks of using Euro-dollars for amount by which the daily average net enumerated (1) in § 204.1(f) (relating adjustment to domestic credit restraint. total of (1) outstanding assets held by to certain promissory notes as deposits) The increasing magnitude of this prac­ its foreign branches which were pur­ by changing “that is issued to another tice has had a distorting influence on chased from its domestic offices and (2) bank” to read “that is issued to a do­ credit flows in the United States and balances due from its domestic offices to mestic office of another bank”; abroad. its foreign branches, for the 4-week Specifically, the proposed amendments (“computation”) period ending on the § 2 0 4 .5 [A m ended] would: Wednesday 15 days before the beginning (2) By amending § 204.5(a) by chang­ (1) Establish a 10 percent reserve re­ of each maintenance period, exceeds the ing “subject to paragraph (b)” to read quirement against (a) borrowings by greater of either (i) the corresponding “subject to paragraphs (b) and (c)”; domestic offices of member banks from daily average total for either the 4-week and their foreign branches and (b) assets of period ending May 28, 1969 or any com­ (3) By adding to § 204.5 the following foreign branches acquired from domestic putation period beginning on or after new paragraph: offices of its parent member bank, to the [the effective date of this paragraph], extent that such borrowings and assets whichever is least, or (ii) 3 percent of the (c) Reserve percentage against certain exceed the daily average amounts out­ member bank’s average total deposits deposits of foreign banks. Deposits rep­ standing in the 4 weeks ending May 28, subject to reserve requirements during resented by promissory notes, acknowl­ 1969. the computation period. edgments of advance, due bills, or similar (2) Establish a 10 percent reserve re­ (b) Credit extended by foreign obligations of the kind described in quirement against credit extended by a branches to U.S. residents. During each § 204.1(f) that are issued to, or under­ foreign branch of a member bank to week of the 4-week period beginning (the taken with respect to, a foreign office of Ü.S. residents, to the extent such credits seventh Thursday after the effective date another bank shall not be subject to the exceed those in a base period defined as of this paragraph) and each week of each requirements of paragraph (a) of this either (a) the amount outstanding on successive 4-week maintenance period, a section, but a member bank shall main­ June 25, 1969, or (b) the daily average member bank having one or more foreign tain on deposit with the Reserve Bank of amount outstanding in the 4 weeks end­ branches shall, in addition to the require­ its district a balance equal to 10 percent ing May 28,1969. ments of Part 204 of this chapter (Regu­ of such deposits. (3) Establish a 10 percent reserve re­ lation D) and of the preceding para­ This notice is published pursuant to quirement on borrowings by member graph, keep on deposit with the Reserve section 553(b) of title 5, United States banks from banks abroad that are not Bank of its district a daily average bal­ denominated as deposits. ance equal to 10 percent of the amount by Code, and § 262.2(a) of the rules of pro­ Each of the reserve requirements would which daily average credit outstanding cedure of the Board of Governors. be maintained by member bank head of­ from its foreign branches to U.S. resi­ To aid in the consideration of this fices in a manner similar to that appli­ dents (other than assets purchased and matter by the Board, interested persons cable to their deposit liabilities generally. balances due from its domestic offices) are invited to submit relevant data, views, The first two of the proposed require­ for the 4-week computation period end­ or arguments. Any such material should ments would be accomplished by adding ing on the Wednesday 15 days before the a new section to Part 213, as follows: beginning of each maintenance period be submitted in writing to the Secretary, exceeds either the corresponding daily Board of Governors of the Federal Re­ § 213.7 Marginal reserve requirements. average total during the 4-week period serve System, Washington, D.C. 20551, to (a) Member bank transactions with ending May 28, 1969 or the total out­ be received not later than July 28, 1969. foreign branches. During each week of standing on June 25, 1969: Provided, Dated at Washington, D.C., this 26th the 4-week period beginning [the seventh That this paragraph does not apply with Thursday after the effective date of this respect to any foreign branch which did day of June 1969. paragraph] and each week of each suc­ not have credit outstanding to U.S. resi­ By order of the Board of Governors. cessive 4-week (“maintenance”) period, dents exceeding $5 million on any day a member bank having one or more for­ [seal] R obert P. F orrpstal, eign branches shall, in addition to the re­ during the relevant computation period. Assistant Secretary. quirements of Part 204 of this chapter The third of the proposed requirements [F.R. Doc. 69-7840; Filed, July 2, 1969; (Regulation D), keep on deposit with the would be accomplished : 8:46 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11216 Notices

the Bureau of Land Management, for OREGON 230 DEPARTMENT OF THE INTERIOR the full amount of the bid plus estimated T. 29 S., R. 45 E., publication costs, and by a certification Sec. 28, SE % SW ]4, W ^SE ^, and SEV4 Bureau of Land Management of eligibility, defined in the preceding SE%; [Serial No. N-2151] paragraph. The envelope must show the Sec. 29, Ey2 , Ei/2NWi4, SW]4NW%, and sale number and date of sale in the lower sy2swy4. NEVADA left-hand comer: “Public Sale Bid, Sale T. 30 S., R. 45 E„ Sec. 3, lots 2, 3, and 4. Notice of Public Sale N-2151, August 5,1969”. The authorized officer shall publicly OREGON 340 J une 24,1969. declare the highest qualifying sealed bid T. 26 S., R. 46 E., Under the provisions of the Public received. Oral bids shall then be invited Sec. 4,SE%SW%> Land Sale Act of September 19, 1964 in specified increments. After oral bids, OREGON 699 (78 Stat. 988, 43 U.S.C. 1421-1427), 43 if any, are received, the authorized offi­ T. 13 S., R. 42 E., CFR Subpart 2243, a tract of land will cer shall declare the high bid. A suc­ Sec. 24, Ni/2NEi4 and NE^NW ^. be offered for sale to the highest bidder cessful oral bidder must submit a guar­ T. 13 S., R. 43 E., at a sale to be held at 1 p.m., local time, Sec. 18, lot 4, SE%SW%, and W ^SE^; anteed remittance, in full payment for Sec. 19, lot 1. Tuesday,’ August 5, 1969, at the Nevada the tract and cost of publication, before OREGON 877 Land Office, Room 3104, Federal Build­ 3:30 pm. of the day of the sale. ing, 300 Booth Street, Reno, Nev. The If no bids are received for the sale T. 20 S., R. 42 E., land is described as follows: tract on Tuesday, August 5, 1969, the sec. Ì7, Ey2wy2wy2. Mount Diablo Meridian, Nevada tract will be reoffered on the first OREGON 878 T. 35 N., R. 23 E„ Wednesday of subsequent months at 1:30 T. 19 S., R. 41 E., Sec. 23, NE^NE^. p.m., beginning September 3, 1969. Sec. 3, NW1/4 SW1/4 and Ey2SW%; Any adverse claimants to the above Sec. 10, NE14NW14. The area described contains 40 acres. described land should file their claims, OREGON 2400 The appraised value of the tract is $800 or objections, with the undersigned be­ and the estimated publication costs to fore the time designated for sale. T. 8 S., R. 45 E„ be assessed are $12. Sec. 35, S W N E ]4 , SE]4NW^, NE^SW1^, The land will be sold subject to all The land described in this notice has and NW y4 SE 14. valid existing rights and rights-of-way been segregated from all forms of appro­ OREGON 2876 of record, and to a reservation to the priation, including locations under the T. 8 S., R. 45 E„ United States of a right-of-way, not ex­ general mining laws, except for sale un­ Sec. 27,Wy2SWi,4; der this Act, from the date of notation Sec. 28, SW14NE14 and SE 14. ceeding 30 feet in width, for roadway of the proposed classification decision. and public utility purposes, to be located Inquiries concerning this sale should be OREGON 018492 along the east boundary of the tract. addressed to the Land Office Manager, T. 18 S„ R. 21 E., Reservations will be made to the United Sec 32, SE14NE14, NE14SW14, and States for rights-of-way for ditches and Bureau of Land Management, Room N‘y2SEi4; canals in accordance with the Act of 3008 Federal Building, 300 Booth Street, Sec. 33, Sy2NW% and N^SW^. August 30, 1890 (26 Stat. 391; 43 U.S.C. Reno, Nev. 89502, or to the District T. 19 S., R. 21 E., 945). All minerals are to be reserved to Manager, Bureau of Land Management, Sec. 5, SW^SW^; the United States and withdrawn from East Highway 40, Post Office Box 71, Sec. 7, NE^NEi/4, SW ^NE^, SE^NW^. appropriation under the public land Winnemucca, Nev. 89445. and NE^SW^; Sec. 8, NW^NW1^ • laws, including the general mining laws. R olla E. Chandler, Bids may be made by a principal or Manager, Nevada Land Office. OREGON 2716 his agent, either at the sale, or by mail. [F.R. Doc. 69-7873; Filed, July 2, 1969; T. 38 S., R. 23 E., An agent must be prepared to establish 8:49 a.m.] Sec. 31, lot 4 and NE^SW%. the eligibility of his principal. Eligible T. 40 S., R. 24 E., purchasers are: (1) Any individual [Oregon 017531, etc.] Sec 32, Ni/aNE^ and NE^NW ^. (other than an employee, or the spouse Mirierals in the following lands w ere not of an employee, of the Department of OREGON reconveyed to the United States : the Interior) who is a citizen or other­ OREGON 018492 wise a national of the United States, Order Providing for Opening of Public Lands T. 19 S., R. 22 E., or who has declared his intention to be­ Sec. 17, S W % NE 14 and NW^SE^- come a citizen, aged 21 years or more; J une 20, 1969. OREGON 2716 (2) any partnership or association, each 1. In exchanges of lands made under of the members of which is an eligible T. 38 S., R. 22 E„ provisions of section 8 of the Act of Sec. 36, SE]4SE]4 ■ purchaser, or (3) any corporation or­ June 28, 1934 (48 Stat. 1269; 43 U.S.C. ganized under the laws of the United 315g), as amended, the following de­ OREGON 2998 States, or any State thereof, authorized scribed lands have been reconveyed to T. 35 S„ R. 24 E., to hold title to real property in Nevada. the United States: Sec. 2, lots 1 and 2 and SV2NE14; Bids must be for all the land in the Sec. 16; W illamette Meridian parcel. A bid for less than the appraised Sec. 34, Ey2 . value of the land is unacceptable. Bids Minerals in the following lands were re­ sent by mail will be considered only if conveyed to the United States: The areas described aggregate 4,280.33 received by the Nevada Land Office, OREGON 017531 ' acres. Room 3008 Federal Building, 300 Booth 2. The lands are in widely scattered Street, Reno, Nev. 89502, prior to 1 p.m., T. 40 S., R. 13 E., Sec. 8, SW NE ]4, Si/2NW]4, N ^SW ^, parcels distributed throughout eastern Tuesday, August 5,1969. Bids made prior and NW14SE14. Oregon. They are arid or semiarid in to the public auction must be in sealed envelopes, and accompanied by certified OREGON 018288 character and are not suitable for farri* checks, postal money orders, bank T. 20 S., R. 42 E„ ing. The lands were acquired for Federal drafts, or cashier’s checks, payable to Sec. 9, Wy2Wi/2- programs and will be managed for the

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 NOTICES 11217 multiple resources. They are inter­ Inquiries concerning these lands should mingled with lands previously classified be addressed to the Bureau of Land DEPARTMENT OF AGRICULTURE for multiple-use management. Management, Post Office Box 11505, Salt Commodity Credit Corporation 3. At 10 a.m. on July 26,1969, the lands Lake City, Utah 84111. shall be open to the operation of the pub­ Edward J. H offmann, SALES OF CERTAIN COMMODITIES lic land laws, subject to valid existing Acting State Director. July Sales List rights, the provisions of existing with­ [F.R. Doc. 69-7843; Filed, July 2, 1969; drawals, and the requirements of appli­ 8:46 a.m.] Notice to "buyers. Pursuant to the policy cable law. All valid applications received of Commodity Credit Corporation issued at or prior to 10 a.m. on July 26, 1969, October 12,1954 (19 F.R. 6669), and sub­ shall be considered as simultaneously Office of the Secretary ject to the conditions stated therein as filed at that time. Those received there­ ADMINISTRATOR, SOUTHWESTERN well as herein, the commodities listed after shall be considered in the order of POWER ADMINISTRATION, ET AL. below are available for sale and, where filing. noted, for redemption of payment-in­ 4. The lands in which minerals were Adjustment of Salaries kind certificates on the price basis set forth. conveyed to the United States will be Pursuant to the provisions of Executive 1. The U.S. Department of Agriculture open to location under the United States Order 11474, the salaries of the Adminis­ announced the price at which Commodity mining laws at 10 a.m. on July 26, 1969. trator, Southwestern Power Administra­ Credit Corporation (CCC) commodity They have been open to applications and tion, the Governor of Guam and the holdings are available for sale, beginning offers under the mineral leasing laws. Governor of the Virgin Islands were ad­ at 3 p.m., e.d.t., on June 27, 1969, and, Inquiries concerning the lands should justed to $33,495 per annum. subject to amendment, continuing until be addressed to the Chief, Division of G eorge E. R obinson, superseded by the August Monthly Sales Lands and Minerals Program Manage­ Deputy Assistant Secretary List. ment and Land Office, Post Office Box of the Interior. 2965, Portland, Oreg. 97208. The following commodities are avail­ J une 27, 1969. able: Cotton (upland and extra long Virgil O. S eiser, [F.R. Doc. 69-7845; Filed, July 2, 1969; staple), wheat, corn, oats, barley, flax­ Chief, Branch of Lands. 8:46 a.m.] seed, rye, rice, grain sorghum, peanuts, [P.R. Doc. -69-7844; Filed, July 2, 1969; tung oil, cottonseed meal, butter, and 8:46 a.m.] nonfat dry milk. ELMER S. HALL With the 1969-crop marketing year be­ ginning July 1 for wheat, barley, oats, [Utah 8962] Statement of Changes in Financial Interests rye, and flaxseed, the July list includes UTAH formula minimum pricing for these com­ In accordance with the requirements modities based on 1969 price-support Order Providing for the Opening of of section 710(b) (6) of the Defense loan rates. Public Lands Production Act of 1950, as amended, and Export listings of grain sorghum, bar­ Executive Order 10647 of November 28, June 26, 1969. ley, oats, and rye at 115 percent of the 1955, the following changes have taken loan rate have been deleted inasmuch as 1. Under the provisions of section 16 place in my financial interests during prices under the unrestricted use sched­ of the Federal Airport Act of May 13, the past 6 months: ules apply. 1946 (60 Stat. 179, 49 U.S.C. 1115), title (1) No change. Information on the availability of to the following described lands reverted (2) No change. commodities stored in CCC bin sites may to the United States: (3) No change. be obtained from Agricultural Stabiliza­ Salt Lake Meridian (4) No change. ' tion and Conservation Service State T. 27 S„ R. 22 E., This statement is made as of May 29, offices shown at the end of the sales list; Sec. 1, lots 2 and 3, SW%NEy4, SE%. 1969. and for commodities stored at other loca­ T. 27 S„ R. 23 E., tions, the information may be attained Sec. 6, lots 4 and 5. Dated: May 29, 1969. - from ASCS commodity and grain offices Elmer S. H all. also shown at the end of the list. The areas described aggregate 357.88 Corn, oats, barley, or grain sorghum, acres. [F.R. Doc. 69-7846; Filed, July 2, 1969; as determined by CCC, will be sold for 2. The lands are located in San Juan 8:46 a.m.] unrestricted use for “Dealers’ Certifi­ County, approximately 7V£ miles south­ cates” issued under the emergency live­ east of Moab, Utah, and are part of an HUGH C. VAN HORN stock feed program. Grain delivered abandoned airport. against such certificates will be sold at 3. Subject to valid existing rights, the Statement of Changes in Financial the applicable current market price, de­ provisions of existing withdrawals, and Interests termined by CCC. the requirements of applicable laws, the In accordance with the requirements 2. In the following listing of Commodi­ lands will at 10 a.m. on August 1,1969, be of section 710(b) (6) of the Defense ties and sales prices or method of sales, opened to application, petition, location Production Act of 1950, as amended, and “unrestricted use” applies to sales which and selection, including location under Executive Order 10647 of November 28, permit either domestic or export use and the U.S. mining laws. They have been 1955, the following changes have taken “export” applies to sales which require open to application and offers under the export only. CCC reserves the right to mineral leasing laws. All valid applica­ place in my financial interests during determine the class, grade, quality, and tions received at or prior to 10 a.m. on the past 6 months: available quantity of commodities listed August 1, 1969 shall be considered as (1) No change. for sale. simultaneously filed at that time. Those (2) No change. The CCC Monthly Sales List, which received thereafter shall be considered (3) No change. varies from month to month as addi­ m the order of filing. (4) No change. tional commodities become available or All the lands have been classified for This statement is made as of June 23, commodities formerly available are retention in public ownership for multi­ 1969. dropped, is designed to aid in moving ple-use management under the Act of Dated: June 23, 1969. CCC’s inventories into domestic or ex­ September 19, 1964 (43 U.S.C. 1411), port use through regular commercial and are therefore not subject to petition- Hugh C. Van Horn. channels. application for agricultural entries or [F.R. Doc. 69-7847; Filed, July 2, 1969; If it becomes necessary during the Public sales under section 2455 R.S. 8:46 a.m.] month to amend this list in any material

FEDERAL REGISTER, V O IT 3 4 , NO. 127— THURSDAY, JULY 3, 1969 No. 127- 11218 NOTICES way—such as by the removal or addition also required, and the buyer is respon­ Commodity Credit Corporation re­ of a commodity in which there is general sible for obtaining any required U.S. serves the right, before making any sales, interest or by a significant change in Government export permit or license. to define or limit export areas. price or method of sale—an announce­ Purchase from CCC shall not constitute Exports to certain countries are regu­ ment of the change will be sent to all any assurance that any such permit or lated under the Export Control Act of persons currently receiving the list by license will be granted by the issuing 1949. These restrictions also apply to any mail from Washington. To be put on this authority. commodities purchased from the Com­ mailing list, address: Director, Commod­ Applicable announcements containing modity Credit Corporation whether sold ity Operations Division, Agricultural all terms and conditions of sale will be for restricted or unrestricted use. Coun­ Stabilization and Conservation Service, furnished upon request. For easy refer­ tries and commodities are specifically U.S. Department of Agriculture, Wash­ ence a number of these announcements listed in the U.S. Department of Com­ ington, D.C. 20250. are identified by code number in follow­ merce Comprehensive Export Schedule. 3. Interest rates per annum under the ing list. Interested persons are invited Additional information is available from CCC Export Credit Sales Program (An­ to communicate with the Agricultural the Bureau of International Commerce nouncement GSM-4) for July 1969 Stabilization and Conservation Service, or from the field offices of the Depart­ are 6% percent for Ù.S. bank obligations USDA, Washington, D.C. 20250, with ment of Commerce. and 7% percent for foreign bank obli­ respect to all commodities—for speci­ Sales Price or Method of Sale gations. Commodities now eligible for fi­ fied commodities—with the designated nancing under the CCC Export Credit ASCS commodity office. WHEAT, BULK Sales Program include oats, wheat, wheat 6. Commodity Credit Corporation re­ Unrestricted use. flour, barley, com, cornmeal, grain serves the right to amend from time to A. Storable. All classes of wheat In CCC sorghum, upland and extra long staple time, any of its announcements. Such inventory are available for sale at market cotton, milled and brown rice, tobacco, amendments shall be applicable to and price but not below 115 percent of the 1968 cottonseed oil, raisins, soybean oil, dairy price-support loan rate for the class, grade, be made a part of the sale contracts and protein of the wheat plus the markup products, tallow, lard, breeding cattle, thereafter entered into. shown in C below applicable to the type of and rye. Commodities purchased from CCC reserves the-right to reject any carrier involved. CCC may be financed for export as pri­ or all offers placed with it for the pur­ B. Nonstorable. At not less than market vate stocks under Announcement GSM-4. chase of commodities pursuant to such price, as determined by CCC. Information on the CCC Export Credit announcements. C. Markups and examples ' (dollars per Sales Program and on commodities avail­ CCC reserves the right to refuse to bushel in-store) .* able under Title I, Public Law 480, private consider an offer, if CCC does not have trade agreements, and current informa­ adequate information of financial re­ Markup in-store tion on interest rates and other phases sponsibility of the offerer to meet received by— of these programs may be obtained from contract obligations of the type con­ Examples templated in this announcement. If a the Office of the General Sales Manager, Truck Rail or Export Marketing Service, U.S. De­ prospective offerer is in doubt as to barge partment of Agriculture, Washington, whether CCC has adequate information D.C. 20250. with respect to his financial responsibil­ $0.04 $0. 0 1^ Minneapolis—No. 1 DNS ($1.57) 115 ity, he should either submit a financial percent +$0. 0 1J^; $1.82)+ 4. The following commodities are cur­ Portland—No, 1 SW ($1.45) 115 per­ rently available for new and existing statement to the office named in the invi­ cent +$0.0% $1 .683+ barter contracts: Upland cotton and to­ tation prior to making an offer, or com­ Kansas City—No. 1 HEW ($1.45) 115 municate with such office to determine percent +$0.01 J+ $1 .68+2; bacco. In addition, private stocks of corn, Chicago—No. 1 RW ($1.46) 115 per­ grain sorghum, barley (other than malt­ whether such a statement is desired in his cent +$0.0% $1 .6% ing barley), oats, wheat, and wheat case. When satisfactory financial re­ flour, and milled and brown rice, un­ sponsibility has not been established, Export. der Announcement PS-1, as amended; CCC reserves the right to consider an A. CCC will sell limited quantities of Hard tobacco under Announcement PS-3; offer only upon submission by offerer of Red Winter and Hard Red Spring wheat at cottonseed oil and soybean oil under a certified or cashier’s check, a bid bond, west coast ports at domestic market price Announcement PS-2; and upland and or other security, acceptable to CCC, levels for export under Announcement GR- extra long staple cotton under An­ assuring that if the offer is accepted, 345 (Revision IV, Oct. 30, 1967, as amended) nouncement PS-4; and inedible tallow the offerer will comply with any pro­ as follows: visions of the contract with respect to (1) Offers will be accepted subject to the and grease under Announcement PS-5; purchasers’ furnishing the Portland ASCS are eligible for programing in connection payment for the commodity and the Branch Office with a Notice of Sale contain­ with barter contracts covering procure­ furnishing of performance bond or other ing the same information (excluding the ment for Federal agencies that will reim­ security acceptable to CCC. / payment or certificate acceptance number) as burse CCC. (However. Hard Red Winter Disposals and other handling of in­ required by exporters who wish to receive an 13 percent protein or higher, Hard Red ventory items often result in small export payment under GR-345. The Notice quantities at given locations or in qual­ of Sale must be furnished to the Commodity Spring 14 percent protein or higher, Office within 5 calendar days after the date of Durum wheats, and flour produced from ities not up to specifications. These lots purchase. these wheats may not be exported under are offered by the appropriate ASCS (2) Sales will be made only to fill dollar barter through west coast ports.) Further office promptly upon appearance and market sales abroad and exporter m u st show information on private-stock commodi­ therefore, generally, they do not appear export from the west coast to a destination ties may be obtained from the Office of in the Monthly Sales List. west of the 170th meridian, west longitude, the Assistant Sales Manager, Barter, Ex­ 7. On sales for which the buyer is re­ and east of the 60th meridian, east longitude, quired to submit proof to CCC of expor­ and to ports on the west coast of Central port Marketing Service, USDA, Washing­ and South America. Dollar sales shall mean ton, D.C.20250. tation, the buyer shall be regularly sales for dollars and sales financed w ith CCC 5. The CCC will entertain offers from engaged in the business of buying or credit. responsible buyers for the purchase of selling commodities and for this purpose Available. Chicago, Kansas City, M in n e ­ any commodity on the current list. Of­ shall maintain a bona fide business office apolis, and Portland ASCS offices. in the United States, its territories or fers accepted by CCC will be subject to CORN, BULK the terms and conditions prescribed by possessions and have a person, principal, the Corporation. These terms include or resident agent upon whom service of Unrestricted use. judicial process may be had. A. Redemption of domestic payment-tt1' payment by cash or irrevocable letter of kind certificates. Market price as determine credit before delivery of the commodity Prospective buyers for export should by CCC, but not less than 115 percent of tne and the conditions require removal of note that generally, sales to U.S. Gov­ applicable 1968 price-support loan rate i the commodity from CCC stocks within ernment agencies, with only minor the class, grade, and quality of the cor“ , P , a reasonable period of time. Where sales exceptions, will constitute domestic un­ the markup shown in C of this unrestricted are for export, proof of exportation Is restricted use of the commodity. use section.

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 NOTICES 11219

C. Nonstorable. At not less than market B General sales. B. General sales. 1, storable. Market price, as determined by 1. S to ra b le . Market price, as determined by price as determined by CCC. A v a ila b le . CCC, but not less than the Agricultural Act CCC, but not less than the Agricultural Act Chicago, Kansas City, Portland, of 1949 formula minimum price for such sales of 1949 formula minimum price for such and Minneapolis ASCS grain offices. which is -105 percent of the applicable 1968 sales which is 105 percent of the applicable RICE, ROUGH price-support rate3 (published loan rate plus 1969 price-support rate2 (published loan 19 cents per bushel) for the class, grade, and rate plus 13 cents per bushel) for the class, Unrestricted use. quality of the corn, plus the markup shown grade, and quality of the barley, plus the Market price but not less than 1968 loan in C of this unrestricted use section. markup shown in C of this unrestricted use rate plus 5 percent, plus 44 cents per hun­ 2. Nonstorable. At not less than market section. dredweight, basis in-store. price as determined by CCC. 2. Nonstorable. At not less than market A v a ila b le . Prices, quantities, and varieties C. Markups and examples (dollars per price as determined by CCC. of rough rice available from Kansas City Markups and examples (dollars per bushel in -s to r e 1 b a sis N o. 2 y e llo w c o m 14 C. ASCS Commodity Office. bushel in-store 1 N o. 2 or b e t t e r ) . •percent M.T. 2 percent F.M .). COTTON, UPLAND Markup in-store Unrestricted use. received by— A. Competitive offers under the terms and Examples Examples conditions of Announcement NO-C-32 (Sale Markup in­ of Upland Cotton for Unrestricted Use). store Track Bail or barge Under this announcement, upland cotton acquired under price-support programs will Feed grain program domestic PIK be sold at the highest price offered but in no $0.17)4 $0.04 $0.01)4 Feed grain program domestic PIK certificate minimums: certificate minimums: event at less than the higher of (a) 110 per­ McLean County, 111. ($1.09+10.02)4) cent of the 1968 loan rate for such cotton, 115 percent'+$0.17)4; $1.46)4. Cass County, N. Dak. ($0.78) 115 Agricultural Act of 1949; statutory percent +$0.04; $0.94. or (b) the market price for such cotton, as minimums: Minneapolis, Minn. ($1.04) 115 percent determined by CCC. McLean County, HI. ($1.09+10.02)4 +$0.01)4; $1.21)4. B. Competitive offers under the terms and +$0.19); 105 percent +$0.17)4; Agricultural Act of 1949 statutory conditions of Announcement NO-C—31 (Dis­ $1.54)4. minimums: position of Upland Cotton—In Redemption Cass County, N. Dak. ($0.78+$0.13); of Payment-In-Kind Certificates or Rights in 105 percent +$0.04; $1.00. Certificate Pools, In Redemption of Export Available. Chicago, Kansas City, Minne- Minneapolis, Minn. ($1.04 + $0.13) ; 105 percent +$0.01)4; $1.24)4. Commodity Certificates, Against the “Short­ apolie, and Portland ASCS grain offices. fall,” and Under Barter Transactions), as GRAIN SORGHUM, BULK amended. Cotton may be acquired at its cur­ A v a ila b le . Kansas City, Chicago, Minne­ rent market price, as determined by CCC, but Unrestricted use. apolis, and Portland ASCS grain offices. not less than a minimum price determined A. Redemption of domestic payment-in­ OATS, BULK by CCC, which will in no event be less than kind certifica tes. Market price, as de­ 120 points (1.2 cents) per pound above the termined by CCC, but not less than 115 Unrestricted use. 1968 loan rate for such cotton. percent of the applicable 1968 price-support A. S to ra b le . Market price, as determined by E x p o rt. loan rate* for the class, grade, and quality CCC, but not less than 115 percent of the CCO disposals for barter. Competitive offers of the grain sorghum, plus the markup applicable 1969 price-support rates 2 for the under the terms and conditions of Announce­ shown in C of this unrestricted use section class, grade, and quality of the oats plus the ments CN-EX-28 (Acquisition of Upland Cot­ applicable to the type of carrier involved. markup shown in B below. ton for Export Under the Barter Program) B. General sales. B. Markup and example (dollars per and NO-C-31, as amended, at the prices de­ 1. Storable. Market price, as determined by bushel in-store1 Basis No. 2 XHWO). scribed in the preceding paragraph B. CCC, but not less than the Agricultural Act of 1949 formula minimum price for such COTTON, EXTRA LONG STAPLE sales which i's 105 percent of the applicable Unrestricted use. 1968 price-support rate * (published loan rate Markup in- Example Competitive offers under the terms and plus 34 cents per hundredweight) for the store conditions of Announcement NO-C—6 (Re­ class, grade, and quality of the grain sor­ vision 2) and Announcement NO-C-10 (Re­ ghum, plus the markup shown in C of this vised) . Under these announcements extra unrestricted use section applicable to the long staple cotton (domestically-grown) will $0.04 Redwood County, Minn. ($0.60+$0.03 type of carrier involved. quality differential); 115 percent be sold at the highest price offered but in 2. Nonstorable. At not less than market +$0.04; $0.77. no event at less than the higher of (a) 115 price as determined by CCC. percent of the current loan rate for such C. Markups and examples (dollars per hun­ cotton plus reasonable carrying charges, or C. Nonstorable. At not less than the market (b) the market price as determined by CCC. dredweight in-store 1 No. 2 or better). price as determined by CCC. A v a ila b le . Kansas City, Chicago, Minne­ COTTON, UPLAND OR EXTRA LONG STAPLE Markup In-store received by— apolis, and Portland ASCS grain offices. Unrestricted use. Examples Competitive offers under the terms and RYE, BULK conditions of Announcement NO-C-20 (Sale Truck Bail or. Unrestricted use. of Special Condition Cotton). Any such cot­ barge A. S to ra b le . Market price, as determined ton (Below Grade, Sample Loose, Damaged by CCC, but not less than the Agricultural Pickings, etc.) owned by CCC will be offered $0.29 % $0.25)4 Feed grain program domestic PIK Act of 1949 formula price which is 115 per­ for sale periodically on the basis of samples . certificate minimums: cent2 of the applicable 1969 price-support representing the cotton according to sched­ Hale County, Tex. ($1.63) 115 per­ ules issued from time to time by CCC. cent +$0.29)4; $2.17)4. rate for the class, grade, and quality of the Kansas City, Mo. ($1.81) 115 per­ grain plus the markup shown in B below Availability information. cent +$0.25)4; $2.34)4. applicable to the type of carrier involved. Sale of cotton will be made by the New Agricultural Act of 1949; statutory minimums: B. Markups and examples (dollars per Orleans ASCS Commodity Office. Sales an­ Hale County, Tex. ($1.63+$0.34); bushel in-store1 No. 2 or beiter). nouncements, related forms and catalogs for 105 percent +$0.29)4; $2.36)4. upland cotton and extra long staple cotton Kansas City, Mo. ($1.81+$0.34); showing quantities, qualities, and location 105 percent +$0.25)4; $2.51)4. Markup may be obtained for a nominal fee from that in-store received by— Examples office. Kansas City, Chicago, Minne- COTTONSEED MEAL, BULK P°hs, and Portland ASCS grain offices. Track Rail or Unrestricted use. BARLEY, BULK barge Small quantities may be sold on competi­ Unrestricted use. tive offers if necessary to avoid deterioration $0.04 $0.01)4 Agriculture Act of 1949; statutory or if storage cannot be obtained on a basis kins Re<^ TnPti°Ti o f d o m e s tic p a y m e n t- in - minimums: bv r~^ificates. Market price, as determined Rollete County, N. Dak. ($0.86); 115 satisfactory to CCC. anr.ii hot less than 115 percent of the percent +$0.04; $1.03. E x p o rt: theoiCal>le *969 price-support loan rate2 for Minneapolis, Minn. ($1.22); 115 per­ Competitive offers, but not less than $45 the mass’grade. and quality of the barley plus cent +$0.01)4; $1.42)4. per ton f.o.b. origin location under the terms use eo8?- ^ sk°wn in C of this unrestricted and conditions of Announcement NO-CS-7. “se section. S e e footnotes at end of document. Sales will be made only for export to Far East

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11220 NOTICES

countries having ports on the Pacific Ocean A v a ila b le . Through the Minneapolis ASCS COTTON OFFICE (ALL STATES) or on a sea tributary thereto (including Aus­ Branch Office. tralia and New Zealand). New Orleans ASCS Commodity Office, Wlrth A v a ila b le . New Orleans ASCS Commodity Dairy Products Building, 120 Marais Street, New Orleans, Office. La. 70112. Telephone: Area Code 504 Sales are in carlots only in-st<5re at stor­ 527-7766. PEANUTS, SHELLED OR FARMERS STOCK age location of products. Submission of offers. GENERAL SALES MANAGER OFFICES Restricted use sales. Submit offers to the Minneapolis ASCS When stocks are available in their area of Commodity Office. Representative of General Sales Manager, responsibility, the quantity, type, and grad» NONFAT DRY MILK New York Area: Joseph Reidinger, Federai offered are announced in weekly lot lists Building, Room 1759, 26 Federal Plaza, or invitations to bid Issued by the following : Unrestricted use. New York, N.Y. 10007. Telephone: Area Announced prices, under MP-14: Spray Code 212, 264-8439, 8440, 8441. GPA Peanut Association, Camilla, Ga. process, U.S. Extra Grade, 25.40 cents per Peanut Growers Cooperative Marketing As­ pound packed in 100-pound bags and 25.65 Representative of General Sales Manager, sociation, Franklin, Va. West Coast Area: Callan B. Duffy, Ap­ cents per pound packed in 50-pound bags. praisers’ Building, Room 802, 630 San- Southwestern Peanut Growers’ Association, E x p o rt. Gorman, Tex. some Street, San Francisco, Calif. 94111. Announced prices, under MP-23, pursuant Telephone: Area Code 415, 556-6185. Terms and conditions of sale are set forth to invitations issued by Minneapolis ASCS in Announcement PR-1 of July 1, 1966, as Commodity Office. Invitations will indicate ASCS State Offices amended, and the applicable lot list. the type of export sales authorized, the an­ 1. Shelled peanuts of less than U.S. No. 1 nounced price and the period of time such Illinois, Room 232, U.S. Post Office and Court­ price will be in effect. house, Springfield, 111. 62701. Telephone: grade may be purchased for foreign or do­ Area Code 217, 525-4180. mestic crushing. BUTTER 2. Farmers stock: Segregation 1 may be Indiana, Room 110, 311 West Washington purchased and milled to produce U.S. No. 1 Unrestricted use. Street, Indianapolis, Ind. 46204. Telephone: or better grade shelled peanuts which may Announced prices, under MP-14: 75.25 Area Code 317, 633-8521. be exported. The balance of the kernels in­ cents per pound—New York, Pennsylvania, Iowa, Room 937, Federal Building, 210 Wal­ cluding any graded peanuts not exported New Jersey, New England, and other States nut Street, Des Moines, Iowa 50309. Tele­ must be crushed domestically. Segregation 2 bordering the Atlantic Ocean and Gulf of phone: Area Code 515, 284-4213. and 3 peanuts may be purchased for domestic Mexico. 74.5 cents per pound—Washington, Kansas, 2601 Anderson Avenue, Manhattan, crushing only. Oregon, and California. All other States 74.25 Kans. 66502. Telephone: Area Code 913, Sales are made on the basis of competitive cents per pound. JE 9-3531. bids each Wednesday by the Producer Asso­ Michigan, 1405 South Harrison Road, East ciations Division, Agricultural Stabilization FOOTNOTES Lansing, Mich. 48823. Telephone: Area and Conservation Service, Washington, D.C. 1 The formula price delivery basis for bin- Code 517, 372-1910. 20250, to which all bids must be sent. site sales will be f.o.b. Missouri, I.O.G.F. Building, 10th and Wal­ * Round product up to the nearest cent. nut Streets, Columbia, Mo. 65201. Tele­ TUNG OIL phone: Area Code 314, 442-3111. USDA Agricultural Stabilization and Con­ Minnesota, Room 230, Federal Building and Unrestricted use. servation Service Offices U.S. Courthouse, 316 Robert Street, St. Sales are made periodically on a competi­ Paul, Minn. 55101. Telephone: Area Code tive bid basis. Bids are submitted to the GRAIN OFFICES 612, 725-7651. Producer Association Division, Agricultural Kansas City ASCS Commodity Office, 8930 Montana, Post Office Box 670, U.S.P.O. and Stabilization and Conservation Service, Ward Parkway (Post Office Box 205), Federal Office Building, Bozeman, Mont. Washington, D.C. 20250. Kansas City, Mo. 64141. Telephone: 59715. Telephone: Arfea Code 406, 587-4511, The quantity offered and the date bids are Area Code 816, Emerson 1-0860. Ext. 3271. to be received are announced to the trade Alabama, Alaska, Arizona, Arkansas, Colo­ Nebraska, Post Office Box 793, 5801 O Street, in notices of Invitations to Bid, issued by the rado, Florida, Georgia, Hawaii, Kansas, Lincoln, Nebr. 68501. Telephone: Area Code National Tung Oil Marketing Cooperative, Louisiana, Mississippi, Missouri, Ne­ 402, 475-3361. Inc., Poplarville, Miss. 39470. braska, Nevada, New Mexico, North Caro­ North Dakota, Post Office Box 2017, 15 South Terms and conditions of sale are as set lina, Oklahoma, South Carolina, Ten­ 21st Street, Fargo, N. Dak. 58103. Tele­ forth in Announcement NTOM-PR-4 of nessee, Texas, and Wyoming (domestic phone: Area Code 701, 237-5205. April 6, 1967, as amended, and the applica­ and export). California (domestic only), Ohio, Room 116, Old Federal Building, Co­ ble Invitation to Bid. m Connecticut, Delaware, Illinois, Indiana, lumbus, Ohio 43215. Telephone: Area Code Bids will include, and be evaluated on the Iowa, Kentucky, Maine, Maryland, Mas­ 614,469-6814. basis of, price offered per pound f.o.b. storage sachusetts, Michigan, New Hampshire, South Dakota, Post Office Box 843, 239 Wis­ location. For certain destinations, CCC will New Jersey, New York, Ohio, Pennsyl­ consin Street SW., Huron, S. Dak. 57350. as provided in the Announcement, as vania, Rhode Island, Virginia, Vermont, Telephone: Area Code 605, 352-8651, Ext. amended, refund to the buyer a “freight and West Virginia (export only). 321 or 310. equalization” allowance. Branch Office—Chicago ASCS Branch Office, Wisconsin, Post Office Box 4248, 4601 Ham- Copies of the Announcement or the Invi­ 226 West Jackson Boulevard, Chicago, mersley Road, Madison, Wis. 53711. Tele­ tation may be obtained from the Cooperative 111. 60606. Telephone: Area Code 312, phone: Area Code 608, 254-4441, Ext. 7535. or Producer Associations Division, ASCS, 353-6581. Telephone Washington, D.C., area code 202, Connecticut, Delaware, Illinois, Indiana, (Sec. 4, 62 Stat. 1070, as amended; 15 U.S.C. DU 8-3901. Iowa, Kentucky, Maine, Maryland, Mas­ 714b. Interpret or apply sec. 407, 63 Stat. . FLAXSEED, BULK sachusetts, Michigan, New Hampshire, 1066; sec. 105, 63 Stat. 1051, as amended by 76 Unrestricted use. New Jersey, New York, Ohio, Pennsyl­ vania, Rhode Island, Virginia, Vermont, Stat. 612; secs. 303, 306, 307, 76 Stat. 614-617; A. S to ra b le . Market price, as determined by 7 UJ3.C. 1441 (note)) CCC, but not less than 105 percent of the and West Virginia (domestic only). applicable 1968 price-support rate * for the Branch Office—Minneapolis ASCS Branch Signed at Washington, D.C., on grade and quality of the flaxseed plus the ap­ Office, 310 Grain Exchange Building, June 27,1969. Minneapolis, Minn. 55415. Telephone: plicable markup. K enneth E. F rick, B. Markups and example (dollars per Area Code 612, 725-2051. Minnesota, Montana, North Dakota, South Executive Vice President, bushel in-store No. 1, 9.1—9.5 percent mois­ Commodity Credit Corporation. tu r e ) . Dakota, and Wisconsin (domestic and export). [F.R. Doc. 69-7856; Filed, July 2, 19691 Branch Office—Portland ASCS Branch Office, 8:47 a.m.] Markup per bushel re­ 1218 Southwest Washington Street, ceived by— Example oi minimum prices— Portland, Oreg. 97205. Telephone: Area terminal and price Code 503, 226-3361. Office of the Secretary Truck Rail or Idaho, Oregon, Utah, and Washington MEAT IMPORT LIMITATIONS barge (domestic and export sales), California (export sales only). Quarterly Estimates $0.06 $0. 01*4 Minneapolis, Minn. ($3.16); 105 per­ cent + $0.01%; $3.17%. PROCESSED COMMODITIES OFFICE (ALL STATES) Public Law 88-482, approved August 22, Minneapolis ASCS Commodity Office, 6400 1964 (hereinafter referred to as the Act), C. Nonstorable. At not less than domestic France Avenue South, Minneapolis, Minn. provides for limiting the quantity of market price as determined by CCC. 55435. Telephone: Area Code 612, 725-3200. fresh, chilled, or frozen cattle

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 NOTICES 11221

(TSUS 106.10) and fresh, chilled, or will be used for dry mass (weight) de­ petitions to intervene shall be filed in ac­ frozen meat of goats and sheep, except terminations of spermatozoa being ana­ cordance with the Commission’s rules of lamb (TSUS 106.20), which may be im­ lyzed in projects concerning quantitative practice, 10 CFR Part 2. If a request for ported into the United States in any cytochemical research. Comments: No a hearing or a petition for leave to in­ calendar year. Such limitations are to be comments have been received with re­ tervene is filed within the time prescribed imposed when it is estimated by the Sec­ spect to this application. Decision: Ap­ in this notice, the Commission will issue a retary of Agriculture that imports of such plication approved. No instrument or notice of hearing or an appropriate order. articles, in the absence of limitations apparatus of equivalent scientific value For further details with respect to during such calendar year, would equal or to the foreign article, for the purposes for this proposed amendment, see (1) the exceed 110 percent of the estimated which such article is intended to be used, application dated November 21, 1968, quantity of such articles prescribed by is being manufactured in the United and supplement thereto dated March 31, section 2(a) of the Act. States. Reasons: For the purposes for 1969, (2) a related Safety Evaluation pre­ In accordance with the requirements which the foreign article is intended to pared by the Division of Reactor Licens­ of the Act the following third quarterly be used the applicant requires an in­ ing, and (3) the proposed Technical estimates are published: strument that can measure the dry mass Specifications, all of which are available 1. The estimated aggregate quantity of a cell. The dry mass per unit surface for public inspection at the Commission’s of such articles which would, in the of a biological object can be determined Public Document Room, 1717 H Street absence of limitations under the Act be by measuring the optical path differ­ NW., Washington, D.C. Copies of item imported during calendar year 1969 is ence of the area with an interference (2) above may be obtained at the Com­ 1,035 million pounds. microscope. However, the cell to be in­ mission’s Public Document Room, or 2. The estimated quantity of such vestigated by the applicant is not upon request addressed to the Atomic articles prescribed by section 2(a) of homogeneous enough to permit a simple Energy Commission, Washington, D.C. the Act during the calendar year 1969 and rapid determination of its dry mass 20545, Attention: Director, Division of is 988 million pounds. with the interference microscope alone. Reactor Licensing. Since the estimated quantity of im­ The foreign article combines the capa­ Dated at Bethesda, Md., this 30th day ports does not equal or exceed 110 per­ bilities of the interference microscope of June 1969. cent of the estimated quantity prescribed with a system that is capable of scanning by section 2(a) of the Act, limitations an object and electronically integrating For the Atomic Energy Commission. for the calendar year 1969 on the im­ the data obtained to yield the dry mass D onald J. S kovholt, portation of fresh, chilled, or frozen of the entire object as a digital readout. Assistant Director for Reactor cattle meat (TSUS 106.10) and fresh, We are advised by the Department of Operations, Division of "Reac­ chilled, or frozen meat of goats and sheep Health, Education, and Welfare in a tor Licensing. memorandum dated April 8, 1969, it (TSUS 106.20), are not authorized to be Proposed Amendment to , Facility License imposed pursuant to Public Law 88-482 knows of no instrument or apparatus at this time. being manufactured in the United States, [License R-33; Amdt. 9] Done at Washington, D.C., this 27th which provides these capabilities.' 1. The Atomic Energy Commission, has day of June 1969. t Charley M. D enton, found th at: Assistant Administrator for In­ A. The application for license amendment Clifford M. Hardin, dated November 21, 1968, as supplemented Secretary of Agriculture. dustry Operations, Business March 31, 1969, complies with the require­ and Defense Services Ad­ ments of the Atomic Energy Act of 1954, as [F.R. Doc. 69-7858; Piled, July 2, 1969; ministration. amended, and the Commission’s rules and 8:47 a.m.] [F.R. Doc. 69-7821; Filed, July 2, 1969; regulations set forth in Title 10, Chapter I, 8:45 a.m.] CFR; B. There is reasonable assurance that (a) the activities authorized by the license, as DEPARTMENT OF COMMERCE amended, can be conducted at the designated location without endangering the health Business and Defense Services ATOMIC ENERGY COMMISSION and safety of the public, and (b) such activi­ Administration [Docket No. 50-73] ties will be conducted in compliance with the Atomic Energy Act of 1954, as amended, and TRUSTEES OF UNIVERSITY OF GENERAL ELECTRIC CO. the rules and regulations of the Commission; PENNSYLVANIA C. General Electric Co. is technically and Notice of Proposed Issuance of financially qualified to engage in the activi­ Notice of Decision on Application for Amendment to Facility License ties authorized by this license, as amended, in accordance with the rules and regulations Duty-Free Entry of Scientific Article The Atomic Energy Commission is con­ of the Commission; The following is a decision on an ap­ sidering the issuance of an amendment D. The General Electric Co. has filed with plication for duty-free entry of a scien­ to Facility License No. R-33 which au­ the Commission proof of financial protec­ tion which satisfies the requirements of 10 tific article pursuant to section 6(c) of thorizes the General Electric Co. to op­ CFR Part 140 and has executed an indemnity the Educational, Scientific, and Cultural erate the Nuclear Testing Reactor (NTR) agreement pursuant to 10 CFR Part 140; and Materials Importation Act of 1966 (Pub­ located at its Vallecitos Nuclear Center E. The issuance of this license, as amend­ lic Law 89-651, 80 Stat. 897) and the in Alameda County, Calif. The proposed ed, will not be inimical to the common de­ regulations issued thereunder (32 F.R. amendment, as set forth below, would fense and security or to the health and 2433 et seq.). revise the license in its entirety and au­ safety of the public. A copy of the record pertaining to this thorize General Electric to operate the 2. Facility License No. R-33, as amended, decision is available for public review NTR at steady-state power levels up to a is further amended in its entirety to read as follows: during ordinary business hours of the m axim um of 100 kilowatts (thermal) in A. This license applies to the nuclear reac­ Department of Commerce, at the Scien­ accordance with revised Technical Spec­ tor designated by General Electric Co. as the tific Instrument Evaluation Division, ifications, and extend the expiration “Nuclear Test Reactor” (hereinafter “the Department of Commerce, Washing­ date of the license in accordance with reactor”) which is owned by the General ton, D.c. the application dated November 21,1968, Electric Co. and located at its Vallecitos Docket No. 69-00356-33-40500. Appli­ and supplement dated March 31, 1969. Nuclear Center in Alameda County, Calif., cant: The Trustees of University of Within fifteen (15) days from the date and described in the application for license amendment dated November 21, 1968, and Pennsylvania, 3400 Walnut Street, Phil­ of publication of this notice in the F ed­ supplement thereto dated March 31, 1969 adelphia, Pa. 19104. Article: Rapid eral R egister, the applicant may file a (hereinafter “the application”) . scanning ultramicrointerferometer, Mod­ request for a hearing, and any person B. Subject to the conditions and require­ el IMI 600. Manufacturer: Incentive whose interest may be affected by this ments incorporated herein, the Commission research and Development AB, Sweden, proceeding may file a petition for leave hereby licenses the General Electric Co. ■^tended use of article: The article to intervene. Requests for a hearing and (GE):

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11222 NOTICES

(4) Pursuant to section 104c of the of the date of issuance and shall expire at afford it needed strengthening without Atomic Energy Act of 1954, as amended midnight, July — , 1979, unless terminated (hereinafter “the Act”), and Title 10, CFR, soon er. serious diversion from other carriers. Air Chapter I, Part 50, “Licensing of Production West noted that its agreement with and Utilization Facilities,” to possess, use, •D a te o f is s u a n c e : ______United might be terminated by either and operate the reactor as a utilization For the Atomic Energy Commission. party after March 31, 1969, unless Board facility at the designated location in approval were granted prior to that time: Alameda County, Calif., in accordance with Donald J . Skovholt, Numerous answers supporting or op­ the procedures and limitations described in Assistant Director for Reactor Oper­ the application and in this license, as ations, Division of Reactor Licens­ posing, or supporting in part, the joint amended; in g . application and Air West’s motion for expedition have been submitted.3 In ad­ (2) Pursuant to the Act and Title 10, CFR, [F.R. Doc. 69-7937; Filed, June 2, 1969; Chapter I, Part 70, “Special Nuclear Material,” 10:43 a.m.] dition, the Air Line Pilots Association to receive, possess, and use in connection (ALPA) filed a request for an evidentiary with the operation of the reactor: hearing on the joint application and a a. 4 kilograms of contained uranium-235; petition for leave to intervene.4 The city b. 200 grams of plutonium as encapsulated of Klamath Falls, Oreg., filed a motion to plutonium-beryllium neutron sources; CIVIL AERONAUTICS BOARD consolidate its own application for im­ c. 5 milligrams of plutonium as alpha in­ [Docket No. 20373 etc.; Order 69-6-164] strument check sources; proved service to Portland and Reno in d. 10 grams of plutonium as encapsulated AIR WEST, INC., ET A L Docket 20497, and Air West has filed an fission foils; answer in opposition to Klamath Falls’ e. 10 grams of uranium-235 as ionization Joint Applications for Approval of request.5 chambers; Route Transfer and for Amendment On January 29, 1969, in Docket 20686, f. 1 kilogram of uranium-235 in experi­ Air West and United filed a separate joint mental devices or test objects; of Certificates, and for Approval of application for approval of a wet-lease g. 10 kilograms of uranium-235 in one or Wet-Lease Agreements more fission plates; agreement and grant of exemption au­ h. 100 grams of plutonium in experimental Adopted by the Civil Aeronautics thority pursuant to which Air West devices; Board at its office in Washington, D.C., would provide one daily round trip over i. 100 grams of , uranium-233 in experi­ on the 27th day of June 1969. United’s route between Salt Lake City mental devices; and Joint applications of Air West, Inc., and San Francisco, via the intermediate j. all the materials authorized by Special and United Air Lines, Inc., for approval points Ely, Elko, Reno, and Oakland, for Nuclear Material License No. SNM-960, as of route transfer and for amendment of which it would receive payment from amended, Docket No. 70-754, to be used in certificates, and for approval of wet-lease United of $90,488 per month. The wet- the reactor cell, south cell and control room lease agreement is designed to permit in­ but not in the experimental facilities of the agreement, docket Nos. 20373 and 20686; NTR. Reno-Portland/Seattle Nonstop Service terim operation of the proposed service (3) Pursuant to the Act and Title 10, Investigation, Docket No. 21136. pending final Board action with respect Chapter I, Part 30, “Rules of General Ap­ On October 16, 1968, in Docket 20373, to the route transfer application in plicability to Licensing of Byproduct Ma­ Air West, Inc. (Air West), apd United Docket 20373.8 terial,” (1) to receive, possess and use 100 Air Lines, Inc. (United), filed a joint ap­ Upon consideration of the foregoing curies of activated solids as contained in plication seeking approval of an agree­ pleadings and other relevant facts, we items such as encapsulating materials, ment by which United would transfer its have decided to deny Air West’s motion structural materials and components ir­ for expeditious hearing of its joint ap­ radiated elsewhere; (2 ) 10 curies of tritium authority to serve Elko and Ely, Nev., for pulsed neutron sources; and (3) to to Air West, and requesting amendments plication, with United, in Docket 20373. possess, but not to separate, such byproduct to the certificates of each carrier to ac­ On the basis of our conclusions with re­ material as may be produced by the operation complish the transfer and to make cer­ spect to the joint route transfer applica­ of the reactor. tain other changes in the certificates of tion, we also find that approval of the (4) Pursuant to the Act and Title 10, CFR, each carrier upon which the proposed proposed interim wet-lease agreement in Chapter I, Part 40, “Licensing of Source Ma­ route transfer is to be contingent.1 Docket 20686 is not in the public inter­ terial,” to receive, possess, and use 20 pounds On October 17, 1968, Air West filed a est, and, accordingly, should be denied. of uranium and thorium as source material motion for expedited hearing of its joint However, we have further decided to in­ for experimental devices. stitute an investigation into the need for C. This license shall be deemed to contain application in Docket 20373, alleging, and be subject to the conditions specified in inter alia, that the proposed route trans­ new nonstop service in two of the markets Part 20, § 30.34 of Part 30, § 40.41 of Part 40, fer would permit it to achieve a substan­ included in the joint application, Reno- §§ 50.54 and 50.59 of Part 50, § 70.32 of Part tial reduction in subsidy need and would Fortland and Reno-Seattle. 70 of the Commission’s regulations; is sub­ The heart of the joint application by ject to all applicable provisions of the Act Air West and United in Docket 20373 is and rules, regulations, and orders of the 1In addition to the deletion of these two Commission now or hereafter in effect; and points from United’s certificate for route 1 is subject to the additional conditions speci­ and the addition of the two points to Air 2 We have not been advised that either fied or incorporated below: W est’s certificate for route 76 as intermediate p a rty h a s s o u g h t to te r m in a te th e subject points on a new segment between the ter­ (1) Maximum power level. The licensee agreement to date. may operate the reactor at steady-state power minal points Reno, Nev., and Salt Lake City, 3 Answers in support were filed by the Utah, the applicants have requested the fol­ 100 Seattle Traffic Association (in part), the levels up to a maximum of kilowatts lowing certificate amendments: (1) Amend­ (thermal). Greater Reno Chamber of Commerce, the ment of Air West’s certificate to permit non­ Las Vegas parties, the Elko parties, and the (2) Technical specifications. The Techni­ stop authority between Reno, on the one city of Sparks, Nev. Answers in opposition cal Specifications contained in Appendix A to hand, and San Francisco/Oakland, Salt Lake have been filed by Western Air Lines (in this license - (hereinafter “the Technical City, Portland, and Seattle, on the other; (2) part), the city of Ely, Nev., White Pine Specifications”) 1 are hereby incorporated in deletion of Air West’s condition (7) which County, Nev., and the Utah Agencies. this license. The licensee shall operate the requires a stop at Portland on certain flights 4 ALPA has subsequently submitted a se­ reactor in accordance with these Technical over segment 4 (now segment 1) and the ries of filings related to its request, the ne Specifications. No changes shall be made in substitution of a new restriction requiring effect of which is to withdraw from further the Technical Specifications unless author­ only one intermediate stop on flights be­ participation in this proceeding. ized by the Commission as provided in § 50.59 tween Seattle and San Francisco, Oakland, or B In view of the action taken herein with of 10 CFR Part 50. Sacramento; (3) modification of Air West’s respect to Air W est’s m otion for expeditions D. This license, as amended, is effective as condition 4(a) to designate Reno as the only consideration, we find it unnecessary to rule intermediate point to be served on flights upon the Klamath Falls motion for consoli­ between Salt Lake City and Portland or dation at this time. . 1 This item was not filed with the Office of Seattle; and (4) amendment of United’s cer­ 4 ALPA also filed a request for hearing wit the Federal Register but is available for in­ tificate to make operations in the Salt Lake respect to the wet-lease application, but has spection in the Public Document Room of City-Reno market subject to a long-haul subsequently requested permission to with­ the Atomic Energy Commission. restriction. draw from participation.

FEDERAL REGISTER, V O L 34, NO. 127— THURSDAY, JULY 3, 1969 NOTICES 11223

the portion by which United seeks re­ Air West has forecast that the Reno- sioners, White Pine County (Nev.) ; the lief from its certificate obligation to serve Portland and Reno-Seattle markets will cities of Elko, Ely, Salt Lake City, Reno, Ely and Elko through transfer of this reach 62,835 and 81,135 passengers, re­ Portland, Seattle, San Francisco, Las authority to Air West. This east-west spectively, in 1969, and we believe that Vegas, Klamath Falls, Sparks, Governors portion of the proposal includes nonstop traffic flows of this magnitude, even of Nevada, Oregon, Washington, Cali­ authoirty for Air West in the Salt Lake without allowance for incremental fornia, and Utah. City-Reno and Reno-San Francisco mar­ growth to the forecast year 1970 or 1971, This order shall be published in the kets.7 are sufficiently high to warrant consid­ F ederal R egister. With respect to the east-west portion eration of the need for additional non- of their application, the applicants have stop service in the markets. By the Civil Aeronautics Board. failed to demonstrate that an expedited Accordingly, we have determined to [seal] Mabel M cCart, hearing is warranted. United has not institute an investigation into the need Acting Secretary. for additional unrestricted nonstop serv­ shown that its service to Ely and Elko8 [P.R. Doc. 69-7882; Piled, July 2, 1969; constitutes an economic burden upon it, ice between Reno, on the one hand, and 8:49 a.m.] nor has it alleged that such service cre­ Portland and Seattle, on the other hand, ates insurmountable operational diffi­ subject to a pretrial restriction prohibit­ culties.“ More importantly, neither ap­ ing turn-around service betweeh Port­ [Docket No. 18650; Order 69-6-150] plicant has convincingly demonstrated land and Seattle. Interested applicants that transfer of the points in question are invited to file applications consistent INTERNATIONAL AIR TRANSPORT will afford significant benefits to Elko with scope of this investigation, as well ASSOCIATION and Ely, or to Air West itself. Indeed, as motions pertaining to the scope of the Order Regarding Carriage of Live our analysis indicates that Air West’s investigation, within the time limits proposed east-west service to Ely and established hereinafter. Animals Elko (including Reno-Salt Lake City-San Accordingly, it is ordered: Adopted by the Civil Aeronautics Francisco) would produce an operating 1. That the motion of Air West, Inc., Board at its office in Washington, D.C., loss and a subsidy need. Moreover, both for, expedited consideration of its joint on the 26th day of June 1969. the Ely and White Pine County parties application with United Air Lines, Inc., Agreement adopted by the Traffic Con­ have objected to the proposed east-west in Docket 20373, seeking the transfer of ferences of the International Air Trans­ route transfer. certain route authority and other relief, port Association relating to the carriage In these circumstances we are unable be and it hereby is denied; of live animals. : to conclude that grant of Air West’s mo­ 2. That the joint application filed by By Order 69-5-60, dated May 14, 1969, tion for expedited hearing of the route Air West and United Air Lines for ap­ action was deferred, with a view toward transfer application is in the public in­ proval of a wet-lease agreement and ex­ approval, on an agreement adopted by terest.10 In light of our conclusions with emption authority in Docket 20686 be and the International Air Transport Associa- respect to the route transfer applica­ it hereby is denied; tibn (IATA) establishing a recommended tion, we see no basis for approval of the 3. That an investigation into the need practice relating to acceptance and proposed interim wet-lease operation, in­ for additional unrestricted nonstop au­ handling of live animals. The recom­ asmuch as the latter request is clearly thority in the Reno-Portland and Reno- mended practice was set forth in a pub­ aimed at permitting temporary opera- Seattle markets be and it ' hereby is lication entitled “IATA Manual for the l tions pending an early resolution of the instituted in Docket 21136 pursuant to Carriage of Live Animals by Air.” The | route transfer application. sections 204(a) and 401(g) of the Fed­ order allowed 10 days for interested per­ I Upon consideration of matters raised eral Aviation Act of 1958, as amended, sons to file petitions in support of or in in connection with the joint application and that such investigation be desig­ opposition to the proposed action. I of Air West and United in Docket 20373, nated as the Reno-Portland/Seattle Non­ The United Pet Dealers Association, we believe that institution of an investi­ stop Service Investigation; Inc., and Allied-American Bird Co. filed gation into the need for competitive non­ 4. That said investigation shall be sub­ ject to the following conditions: timely petitions requesting that certain stop service in the Reno-Portland/Seat- conditions be attached to the Board’s tle markets is warranted at this time.11 (a) Any authority awarded in this proceeding to a carrier not now holding approval of the agreement. Both peti­ on-segment authority shall be in tjie tions requested the Board to condition ’The remainder of the proposal involves form of a separate segment or segments, the agreement so that (1) procedures north-south authority between Portland/ and shall be granted without eligibility would be established and set forth in the Seattle, on the one hand, and Reno/Las manual whereby new packaging methods Vegas, on the other. for subsidy; and 8 As of May 1, 1969, United served both (b) Any services operated pursuant to could be submitted to the IATA Study Elko and Ely with one DC- 6 round trip daily an award in this proceeding shall be sub­ Group on Live Animals for evaluation; «Reno and Salt Lake City, OAG, QRE, May 1, ject to a restriction prohibiting turn­ (2) upon evaluation and approval of 1969. J around flights between Seattle and new packaging standards, publication of “United has urged that deletion of these Portland. such would be made to interested ship­ points will permit it to retire the propeller 5. That motions to consolidate appli­ pers and airlines, and (3) “* * * there aircraft with which it now provides service, be incorporated into the manual specific ut has not shown that retention of the non- cations, and motions or petitions seeking modification or reconsideration, shall be wordage outlining its specific legal value ^ircraft constitute a hardship to it. in areas such as shipment acceptance, n f ®0ar(^ has previously considered filed not later than twenty (20) days nited’s desire to delete the identical Reno- after the date of service of this order and claim liability and its legal status as to *°-fy-Salt Lake City segment in the Pa- that answers to such pleadings shall be deviation from the packaging specifica­ Rwf „ orthwest Local Service Case, 29 CAB filed not later than ten (10) days tion contained therein.” tim’ (1959), and determined at that thereafter; The first two contentions may have sif..e jjhat transfer of the route to a sub- 6. That the investigation hereby in­ some merit, but we cannot find that to *oca* service carrier would be contrary conditioning the agreement and requir­ of tv? interest on the basis, inter alia, stituted be set down for hearing before + increased subsidy cost which such an Examiner of the Board at a time and ing revisions to the manual, as requested, eviri 1 would involve. We believe that the place hereafter designated; and is required iri the public interest. The he ®nCe adduced by Air West and United 7. That a copy of this order shall be manual, which is comprised of recom­ [ me .n demonstrates no substantial improve- served upon Air West, Inc., United Air mended practices, is not a binding IATA k Elko unrtv0 economic prospects for service to Lines, Inc., Western Air Lines, Inc., agreement. We understand that the the in hy.a local service carrier during Braniff Airways, Inc., Continental Air manual was developed through the joint "year interval since United’s request last denied. Lines, Inc., Northwest Airlines, Inc., efforts of the carriers, shippers, and in­ in now holds nonstop authority Eastern Air Lines, Inc., Air Line Pilots terested persons/ and there is no reason daiiv r? markets- and presently provides three Association, International, Seattle Traffic to believe that the carriers will not con­ three H°i1.stoP round trips to Portland, and Association, Attorney General, State of tinue to solicit and welcome comments. OAn one-st°P round trips to Seattle. Utah; Greater Reno Chamber of Com­ In this regard, the carriers in due course AG’ QRE, May 1,1969. merce; Chairman, Board of Commis­ might well want to consider procedures

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11224 NOTICES for the evaluation of animal containers tions, the application of Mohawk Air­ Inc. (National), proposes that its jet similar to the IATA procedures which lines, Inc. (Mohawk), for amendment of night coach fares apply on a northbound have been established for the evaluation its certificate of public convenience and flight departing Miami at 8 p.m. during of unit load devices under Resolution 520 necessity for Route 94 so as to permit it the period of July 31, through Septem­ ( Containers Board ). to provide, without subsidy eligibility, ber 30, 1969. Presently night coach fares The third request of the petitioners nonstop service between Rochester, N.Y., in the Miami-Northeast markets apply that the manual include language as to and Pittsburgh, Pa. between the hours of 10 p.m. and 3:59 its legal implications does not seem war­ United Air Lines, Inc. (United), filed a.m. The proposal is marked to expire ranted. As indicated, material in the an answer hi opposition to the applica­ with September 30, 1969. manual consists of recommended prac­ tion. Allegheny Airlines, Inc. (Alle­ In support of its filing, the carrier tices and procedures which the carriers gheny), filed an answer stating that it states that the proposal stems from the need not adhere to. The Board will, how­ does not oppose Mohawk’s application special circumstances surrounding a par­ ever, condition the agreement so as to provided that a restriction is imposed ticular flight (Flight 608), which pres­ provide that approval of the agreement preventing one-stop Pittsburgh-Toronto ently departs Miami at 10 p.m. and in no way constitutes a waiver of the operations by Mohawk. The Rochester arrives La Guardia at 12:20 a.m.; it de­ economic regulations governing the fil­ Chamber of Commerce filed an answer parts La Guardia at 12:45 a.m. and ing and publication of tariffs. In this in support of the application. Mohawk terminates in Providence at 1:26 a.m. respect, some of the material contained filed a reply to the answers of Allegheny National has been advised that, effective in the manual, if followed by the car­ and United. August 1, 1969, La Guardia Airport will riers, would appear to constitute tariff United filed a motion to consolidate its be closed for a minimum of 60 days, 6 material. application in docket No. 20670 for Roch- days a week, between the hours of 12:01 Finally, the petition of the United Pet ester-Pittsburgh nonstop authority on a a.m. and 7 a.m. for the purpose of repav­ Dealers Association, Inc., makes note that separate segment of Route 51. Mohawk ing runways. Accordingly, the carrier be­ the manual does not mention that the filed an answer to United’s motion to lieves it is necessary that this flight de­ contents are recommended practices and consolidate and United filed a reply to part Miami 2 hours earlier in order to not binding upon the carriers or ship­ that answer. insure a La Guardia departure prior to pers. The manual does not purport to Upon consideration of the pleadings 12:01 a.m., considering the possibility of be mandatory in its application, and we and all the relevant facts, the Board has airport delays. do not find that the public interest re­ determined that there is a sufficient basis Eastern Air Lines, Inc. (Eastern), and quires revision to the published manual. for setting Mohawk’s application, Docket Northeast Airlines, Inc. (Northeast), However, it would be well if the manual 20486, for hearing. We shall also consoli­ have filed complaints requesting suspen­ specifically noted that its application is date United’s application, Docket 20670.1 sion of National’s proposed 8 p.m. de­ not required, and we will expect this fact Accordingly, it is ordered, That: parture time. Eastern asserts that ad­ to be mentioned in the manual’s next 1. This application of Mohawk Air­ vancing this flight departure by 2 hours publication. lines, Inc., Docket 20486, be and it hereby would result in an unfair competitive Accordingly, pursuant to the Federal is set for hearing before an examiner of advantage for National in relation to the Aviation Act of 1958, particularly sec­ the Board at a time and place to be here­ other two carriers operating in the mar­ tions 102, 204(a), and 412 thereof: after designated; and ket. Eastern believes the proposal would It is ordered, That: 2. The application of United Air Lines, cause considerable diversion from other 1. Agreement CAB 20886 be and Inc., Docket 20670, be and it is hereby northbound departures during the prime hereby is approved, provided that ap­ consolidated for hearing with Docket evening hours. Northeast, on the other proval of the agreement shall not con­ 20486. hand, contends that National’s justifica­ stitute a waiver of the Board’s economic This order will be published in the tion does not meet the criteria tradition­ regulations governing the publication F ederal R egister. ally employed by the Board when testing and filing of tariffs; and the lawfulness of night coach and off- 2. The petitions of United Pet Dealers By the Civil Aeronautics Board. peak fares. Both carriers contend that Association, Inc., and Allied-American [seal] Mabel M cCart, it is not necessary for National to roll Bird Co. be and hereby are dismissed. Acting Secretary. back the departure time of its Flight 608 to 8 p.m. at Miami in order to depart La This order will be published in the [F.R. Doc. 69-7884; Filed, July 2, 1969; 8:50 a.m.] - Guardia prior to the 12 p.m. curfew.* F ederal R egister. Finally, Eastern and Northeast submit By the Civil Aeronautics Board. 1 There is no need for the Testriction pro­ that, should National feel that a depar­ ture time at 9 p.m. or after entails a cer­ [ seal] Mabel McCart, posed by Allegheny. By reason of condition (5) in its certificate of public convenience tain degree of risk, the carrier is always Acting Secretary. and necessity for route 94F, Mohawk is pro­ free to operate its night coach flights [F.R. Doc. 69-7883; Filed, July 2, 1969; hibited from offering single-plane service be­ through Kennedy or Newark Airport.’ 8:49 a.m.] tween Toronto and any point west of Buffalo Upon consideration of all relevant mat­ on route 94, and Pittsburgh is west of ters, the Board finds that National’s pro­ Buffalo. [Dockets Nos. 20486, 20670; Order 69-6-152] posal may be unjust, unreasonable, un­ justly discriminatory, unduly preferen­ MOHAWK AIRLINES, INC., AND [Docket No. 21137; Order 69-6-172] tial, unduly prejudicial, or otherwise UNITED AIR LINES, INC. NATIONAL AIRLINES, INC. unlawful, and should be suspended pending investigation. Order Setting Application for Hearing - Order of Investigation and Except for the - indication that La Adopted by the Civil Aeronautics Suspension Guardia Airport will be closed for repairs Board at its office in Washington, D.C., from midnight to 7 a.m. during the on the 26th day of June 1969. Adopted by the ' Civil Aeronautics months of August and September, Na­ Board at its office in Washington, D.C., tional has not demonstrated the need to Application of Mohawk Airlines, Inc. on the 30th day of June 1969. advance the departure time of its Flight for amendment of its certificate of pub­ Applicability of night coach fares to a 608 by a full 2 hours. As pointed out by lic convenience and necessity, docket No. Miami-New York flight departing at 8 the complainants, there are presently a 20486; application of United-Air Lines, p.m., proposed by National Airlines, Inc., Inc. for amendment of its certificate of docket 21137. public convenience and necessity, docket 2 Northeast points out that N a tio n s No. 20670. By tariff revisions marked to become could depart Miami as late as 9:15 p.m- effective July 3, 1969,1 National Airlines, still transit La Guardia before 12 midnignv- By Order 68-12-132, dated Decem­ 8 Eastern and Northeast are both tr a n s ­ ber 24, 1968, the Board set for further 1 Revisions to Airline Tariff Publishers, ferring their night coach operations to Ken­ proceedings, pursuant to Rules 1306- Inc., Agent, Tariff CAB No. 101, filed June 3, nedy Airport during the period of constm - 1310 of the Board’s procedural regula­ 1969. tion activity at La Guardia.

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 NOTICES 11225 number of late afternoon and early ience and necessity for route 86 to On December 24, 1968, United Air­ evening regular-fare flights departing authorize it to engage in nonstop service lines, Inc. (United), filed an application jyflqmi for New York, as well as several between Kansas City, Mo., and Minneap- in Docket 20593 to add Rochester, N.Y., nonstop or one-stop night coach flights olis/St. Paul, Minn. The applicant as a coterminal point with Buffalo on departing at 10 p.m. or shortly there­ requests that its application be processed segment 4 of Route 51.* after. It Appears, therefore, that Na­ under the expedited procedures set forth On February 17, 1969, the city of tional’s proposal would cause significant in Subpart M of Part 302 (14 CFR Part Rochester, the county of Monroe, and diversion of traffic from other night coach 302). the Rochester Chamber of Commerce flights, and dilute the normal-fare reve­ [seal] Mabel M cCart, (Rochester parties) filed a petition for nues of all three carriers operating in the Acting Secretary. immediate hearing on United’s applica­ market. However, the Board would con­ tion. On May 15, 1969, United filed a sider a departure time of 9 p.m. for [F.R. Doc. 69-7886; Filed, July 2, 1969; motion for immediate hearing on its ap­ National’s Flight 608. 8:50 a.m.] plication. On June 2, 1969, Mohawk Air­ Accordingly, pursuant to the Federal lines, Inc. (Mohawk), filed an answer to Aviation Act of 1958, and particularly SOUTHERN AIRWAYS, INC. United’s motion insofar as it seeks im­ sections 204(a) and 1002 thereof: proved Rochester-Pittsburgh authority, It is ordered, That: Notice of Application for Amendment together with a motion to file an other­ 1. An investigation be instituted to of Certificate of Public Convenience wise unauthorized document.2 determine whether the provisions of and Necessity Upon consideration of the pleadings paragraph (1) (b) of “Application:” on J une 26, 1969. and other relevant facts, we have decided 10th Revised Page 223 of Airline Tariff Notice is hereby given that the Civil to issue an order to show cause propos­ Publishers, Inc., Agent’s CAB No. 101, ing to award the authority requested by and rules, regulations, and practices Aeronautics Board on June 25, 1969, re­ ceived an application, Docket 21122, from IJnited. We tentatively find and conclude affecting such provisions, are or will be that the public convenience and neces­ unjust or unreasonable, unjustly dis­ Southern Airways, Inc., for amendment of its certificate of public convenience sity require the amendment of United’s criminatory, unduly preferential, unduly certificate for Route 51 so as to add prejudicial, or otherwise unlawful, and and necessity for route 98 to authorize it to engage in nonstop service between Rochester as a coterminal point with if found to be unlawful, to determine and Buffalo on segment 4, subject to condi­ prescribe the lawful provisions, and rules, Gulfport-Biloxi, Miss., and Washington/ New York/Newark. The applicant re­ tions requiring an intermediate stop regulations, or practices affecting such between Rochester and Pittsburgh and provisions; quests that its application be processed under the expedited procedures set forth prohibiting single-plane service between 2. Pending hearing and decision by the Rochester and Cleveland. Board, the provisions of paragraph (1) in Subpart M of Part 302 (14 CFR Part 302). In support of our ultimate finding, we (b) of “application:” on 10th Revised tentatively find and conclude as follows: Page 223 of Airline Tariff Publishers, Inc., [seal] Mabel McCart, That the grant of United’s application, Agent’s CAB No. 101 are suspended and Acting Secretary. subject to the conditions mentioned their use deferred to and including Sep­ [F.R. Doc. 69-7887; Filed, July 2, 1969; above, will give United nonstop author­ tember 30,1969, unless otherwise ordered 8:50 a.m.] ity between Rochester and 14 cities on by the Board, and that no changes be segment 4;8 that United is the only car­ made therein during the period of sus­ [Docket No. 20066 etc.] rier certificated to provide service be­ pension except by order or special per­ tween Rochester and the Route 51 points mission of the Board; TEXAS INTERNATIONAL AIRLINES, in question, and is the dominant carrier 3. Except to the extent granted herein, INC. in these 14 markets;4 that the proposed the complaints of Eastern Air Lines, Inc., award of nonstop authority will make in Docket 21091, and Northeast Airlines, Notice of Reassignment of Hearing possible improved service to the public Inc., in Docket 21089, are hereby dismissed; Notice is hereby given, pursuant to the and increased operational flexibility for 4. This investigation be assigned for provisions of the Federal Aviation Act of United; and that grant of the requested hearing before an examiner of the Board 1958, as amended, that public hearing in the above-entitled matter now assigned at a time and place hereafter to be I Segment 4, which incorporates by refer­ designated; and to be held on July 8, 1969, will be held ence part of segment 1, is as follows: 5. A copy of this order be filed with on July 21, 1969, at 10 a.m., e.d.s.t., in Between the terminal point Buffalo, N.Y., the aforesaid tariff and be served on Room 1027, Universal Building, 1825 the intermediate points Cleveland, Akron- Eastern Air Lines, Inc., National Airlines, Connecticut Avenue NW., Washington, Canton, and Youngstown, Ohio, Pittsburgh, D.C., before the undersigned examiner. Pa., Charleston, W. Va„ Bristol, Tenn.-Va. Inc., and Northeast Airlines, Inc., which and (a) beyond Bristol, the intermediate are made parties to this proceeding. Dated at Washington, D.C., June 26, points Asheville, N.C., Atlanta, Ga., and (i) This order will be published in the 1969. beyond Atlanta, Ga., the intermediate points Federal Register. Birmingham and Mobile, Ala., and the ter­ [ seal] * H yman G oldberg, minal point New Orleans, La., and (ii) be­ By the Civil Aeronautics Board. Hearing Examiner. yond Atlanta, Ga., the intermediate points [F.R. Doc. 69-7888; Filed, July 2, 1969; Jacksonville, Tampa-St. Petersburg-Clear- [seal] Mabel McCart, 8:50 a.m.] water, and West Palm Beach, Fla., and the Acting Secretary. coterminal points Fort Lauderdale and Mi­ [F.R. Doc. 69-7885; Filed, July 2, 1969; ami, Fla., and (b) beyond Bristol, the inter­ 8:50 am.] [Docket No. 20593; Order 69-6-153] mediate points Knoxville and Chattanooga, Tenn., Birmingham and Mobile, Ala., and the UNITED AIR LINES, INC. terminal point New Orleans, La. north CENTRAL AIRLINES, INC. II We will grant Mohawk’s motion. Order To Show Cause for Amendment * The largest of these markets, Rochester- Notice of Application for Amendment of Certificate of Public Convenience Miami, had 31,680 O&D and connecting pas­ and Necessity sengers in 1967. United proposes initially to of Certificate of Public Convenience provide one Rochester-Miami nonstop round ond Necessity Adopted by the Civil Aeronautics trip. J une 26, 1969. Board at its office in Washington, D.C., 4 United’s participation in these markets Notice is hereby given that the Civil on the 26th day of June 1969. ranges from 54 percent in the Rochester- New Orleans market to over 90 percent Aeronautics Board on June 26, 1969, re- Application of United Airlines, Inc., for in th e Rochester-Akron-Canton/ Atlanta/ an application, Docket 21132, from amendment of its certificate of public Birmingham / Charleston / Miami / Mobile / °rth Central Airlines, Inc., for amend­ convenience and necessity, Docket No. Tampa/West Palm Beach/Youngstown mar­ ment of its certificate of public conven­ 20593. kets. 1967 O&D and connecting traffic.

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 No. 127----- 7 11226 NOTICES

authority will have no significant com­ and other evidence expected to be relied which authorized individual exemptions petitive impact on any other carrier.6 on to support the stated objections;0 for air taxi mail service in certain com­ We tentatively find that United should 3. If timely and properly supported ob­ petitive markets and extended the term be precluded from providing nonstop jections are filed, full consideration will of the air taxis’ authority to carry mail Rochester-Pittsburgh service and from be accorded the matters or issues raised to June 30,1969. providing single-plane service between by the objections before further action is Since the rule authorizing air taxi mail Rochester and Cleveland. Rochester- taken by the Board; service in competitive markets was issued, Pittsburgh authority is at issue in 4. In the event no objections are filed, approximately 160 notices of intent Docket 20486, Mohawk’s Subpart M ap­ all further procedural steps will be under § 298.24 have been filed with the plication for nonstop Rochester- deemed to have been waived, and the Board by the Post Office Department Pittsburgh authority, which was set for case will be submitted to the Board for (POD).1 Eighteen of these notices of hearing in Order 69-6-152. United’s ap­ final action; intent have been protested. In the de­ plication for Rochester-Pittsburgh non­ 5. The petition of the city of Roches^ cided protested cases, the Board has stop authority in Docket 20670 was con­ ter, the county of Monroe, and the found that the proposed air taxi services solidated in that proceeding and United Rochester Chamber of Commerce for an were required by postal needs in that, in will therefore have the opportunity to immediate hearing and the motion of typical situations, the certificated car­ litigate such authority in that case. United Air Lines, Inc., for an immediate riers were unable to meet the early morn­ In the Rochester-Cleveland market hearing be and they are hereby ing and late night round trip scheduling American Airlines has nonstop author­ dismissed; essential to Post Office operations. ity. A restriction on United’s authority in 6. The motion of Mohawk Airlines, The protested notices of intent ap­ that market should avoid complication Inc., for leave to file an otherwise unau­ proved by the Board all carry an expira­ of this proceeding by introduction of thorized document be and it is hereby tion date of June 30,1969, due to the fact issues of competitive authority. More­ granted; and that at the time the notices were ap­ over, United has not proposed service be­ 7. A copy of this order shall be served proved, June 30, 1969, was the termina­ tween Rochester and Cleveland or shown upon Airlift International, Inc., Alle­ tion date of all mail .authorizations any need for competitive service. gheny Airlines, Inc., American Airlines, granted to air taxis pursuant to Part Interested persons will be given twenty Inc., Delta Air Lines, Inc., Eastern Air 298 of the Board’s regulations. By notice (20) days following service of this order Lines, Inc., Mohawk Airlines, Inc., Na­ of proposed rule making, dated April 25, to show cause why the tentative findings tional Airlines, Inc., Northeast Airlines, 1969, EDR-160, Docket 20945, the Board and conclusions set forth herein should Inc., Northwest Airlines, Inc., Pan proposed to amend Part 298 to extend the not be made final. We expect such persons American World Airways, Inc., Pied­ exemption granted air taxi operators to to direct their objections, if any, to spe­ mont Aviation, Inc., Southern Airways, engage in the transportation of mail cific markets and to support such objec­ Inc., Trans World Airlines, Inc., United until June 30, 1974. On June 12,1969, the tions with detailed answers, specifically Air Lines, Inc., and the cities and Cham­ Board adopted the proposed amended setting forth the tentative findings and bers of Commerce of Akron, - Canton, rule effective July 1, 1969 (Regulation conclusions to which objection is taken. Cleveland, and Youngstown, Ohio, Ashe­ ER-580). Such objections should be accompanied ville, N.C., Atlanta, Ga., Birmingham and Therefore, as matters presently stand, by arguments of fact or law and should Mobile, Ala.,- Bristol, Chattanooga, and the basic mail authority of air taxi op­ be supported by legal precedent or de­ Knoxville, Tenn., Charleston, W. Va., erators has been extended to June 30, tailed economic analysis. If an eviden­ Clearwater, Fort Lauderdale, Jackson­ 1974. However, there are currently out­ tiary hearing is requested, the objector ville, Miami, St. Petersburg, and West standing various orders authorizing the should state in detail why such a hearing Palm Beach, Fla., New Orleans, La., provision of air taxi mail service between is considered necessary and what rele­ Pittsburgh, Pa., and Rochester, N.Y. pairs of points in which an air carrier or vant and material facts he would expect This order shall be published in the carriers holds a certificate of public con­ to establish through such a hearing. F ederal R egister. venience and necessity. Unless extended General, vague, or unsupported objec­ these authorizations will expire by their tions will not be entertained. By the Civil Aeronautics Board. terms on June 30, 1969. In this connec­ Accordingly, It is ordered, That: [seal] Mabel M cCart, tion, the Post Office Department has sub­ 1. All interested persons are directed Acting Secretary. mitted to the Board a request that the to show cause why the Board should not [F.R. Doc. 69-7889; Filed, July 2, 1969; mail authority of those air taxi operators issue an order amending the certificate 8:50 a.m.] currently carrying mail and whose au­ of public convenience and necessity of thority was granted by the Board pur­ United Air Lines, Inc., for Route 51 so suant to a protested notice of intent be as to add Rochester, N.Y., as a cotermi­ [Docket No. 19074, etc.; Order 69-6-151] extended for a period coextensive with nal point with Buffalo on segment 4, sub­ VARIOUS POST OFFICE NOTICES the basic Part 298 mail authority. ject to conditions requiring an inter­ In the light of the foregoing, the mediate stop between Rochester and Order To Show Cause Regarding Use Board tentatively finds and concludes Pittsburgh and prohibiting single-plane of Air Taxi Mail Service that the public interest requires the ex­ service between Rochester and Cleve­ Adopted by the Civil Aeronautics tension until June 30, 1974, of the mail land: Board at its office in Washington, D.C., 2. Any interested persons having ob­ on the 26th day of June 1969. 1 Section 298.21 of the Board’s economic regulations prohibits an air ta x i operator jections to the issuance of an order mak­ In the matter of Various Post Office from carrying mail between any pair of ing final the proposed findings, conclu­ Notices giving notice pursuant to § 298.24 points when an air carrier holds a certificate sions, and certificate amendments set of the Board’s regulations of intent to of public convenience and necessity between forth herein shall, within twenty (20) use air taxi mail service, dockets Nos. such pair of points: P ro v id e d , That an air days after service of a copy of this order, 19074, 19075, 19790, 19783, 19787, 19880, taxi operator is not ’precluded from carrying file with the Board and serve upon all 19793, 20101, 20274, 20275, 20276, 20380 mail between any pair of points regarding persons made parties to this proceeding 20199,20377, 20379, 20800. which there is in effect a notice of in ten t to a statement of objections, together with use air taxi mail service as provided in On October 11,1967, the Board adopted § 298.24. Section 298.24 provides that an air a summary of testimony, statistical data, ER-514 (32 F.R. 14320, Oct. 17, 1967) taxi operator may carry mail between a pair of points named in a notice of in ten t to use air taxi mail service which is effective In view of the fact that United is the only 6 All motions and/or petitions for recon­ incumbent carrier and carries the vast bulk pursuant to this section. Only the Post Office sideration shall be filed within the period Department may file such a notice. But where of traffic in the markets involved, we do not allowed for filing objections and no further intend to consolidate for hearing any other a protest to the notice has been filed by an such motions, requests, or petitions for re­ interested certificated carrier, the notice shall applications even if objections are forthcom­ consideration of this order will be ing. See Order 68-11-29, dated Nov. 5, 1968. not be effective unless and until the Board so entertained. orders.

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 NOTICES 11227 authority in the designated markets of 4. If timely and properly supported 5. In the event no objections are filed, those air taxi operators listed in the objections are filed, full consideration all further procedural steps will be appendix below. Pending our resolution will be accorded the matters or issues deemed to have been waived, and the of the show cause proceeding at hand, raised by the objections before further case will be submitted to the Board for we will extend the authorizations set action is taken by the Board; * and final action. forth in the appendix below. This order shall be published in the »All motions and/or petitions for recon­ F ederal R egister. We note that in petitioning the Board sideration shall he filed within the period to institute rule-making proceedings to allowed for filing objections and no further By the Civil Aeronautics Board. extend the basic air taxi mail authority such motions, requests, or petitions for [seal] Mabel M cCart, until June 30,1974, the Postmaster Gen­ reconsideration of this order will be Acting Secretary. eral represented that he has a continu­ entertained. ing need for air taxi mail service in both A ppkndix certificated and noncertificated markets and that the Post Office Department is Docket Present Markets involved compelled to continue to seek the services Carrier authorization of air taxi operators in those markets in Chicago, Hl.-Louisville, Ky. which certificated schedules fulfilling Sedalia, Marshall, Boonville Stage Line, 19074 E-26162...... postal requirements cannot be obtained. 19075 12/21/67 Cleveland, Ohio-Indianapolis, Ind. Inc. 19790 E-26893...... Texarkana-Dallas, Tex. Each of the authorizations which we 6/7/68 Muskogee-Tulsa-Oklahoma City, Okla. tentatively propose to extend until f)n 19783 E-26891...... 6/7/68 June 30, 1974, represents a situation in 19787 E-26893...... Temple-Waco-Dalias, Tex. which the Board has found that the 6/7/68 19880 68-7-64...... McAllen-Corpus Christi-San Antonio, Tex. needs of the postal service require graAt Upper Valley Aviation, Inc...... 7/12/68 of the authorizations in question. The 19793 E-26893...... Midland-Abilene-Dalias, Tex. fact that the protested notices of intent 6/7/68 20101 68-11-132...... Florence-Colombia, S.C .-Atlanta, Ga. were approved for a temporary period 11/27/68 Reno-Lovelock-Winnemucca, Nev. was directly related to the fact that the Tin ...... - ...... 20274 68-12-108...... 20275 12/19/68 underlying air taxi mail authority con­ 20276 Ely-Elko-Reno, Nev. . . tained in Part 298 also expired on 20380 68-12-61...... Medford-Klamath Falls-Bend-Portland, Oreg. June 30, 1969. In the light of the fact 12/12/68 20199 68-10-182...... St. Louis, Mo.-Memphis, Tenn. that the basic Part 298 air taxi authority 10/31/68 has now been extended to June 30, 1974, 20377 68-12-64...... Billings-Helena, Mont. Combs Airways, Inc...... -— 20379 12/12/68 Kalispell-HelenarBillings, Mont. and that the Post Office Department has 20800 69-5-135------AMF Twin Cities-Minneapolis, Mmn.-La indicated a continuing need for the postal Midwest Airways, Inc------5/29/69 Crosse, Madison, and Milwaukee, Wis. services described in the appendix below, we tentatively find and conclude that the [F.R. Doc. 69-7890; Filed, July 2, 1969; 8:50 a.m.] authorizations contained in the appendix should be extended for the same period terminating on June 30, 1974. Services, Inc., provides for the for­ mation of an association to be known as In granting interested persons the op­ FEDERAL MARITIME COMMISSION the Boston Docks Services Association. portunity to show why our tentative The purpose of the Association is to per­ findings and conclusions should not be BOSTON DOCKS SERVICES ASSOCIATION mit the parties to the agreement to con­ adopted, we expect such persons to direct sult with each other concerning services, their objections, if any, to specific mar­ Notice of Agreement Filed for facilities, rates, and charges incidental kets and to support such objections with Approval to truck loading and equipment rental detailed answers, specifically setting related thereto in waterfront operations forth the tentative findings and conclu­ Notice is hereby given that the follow­ in and for the Port of Boston, Mass. The sions to which objection is taken. Such ing agreement has been filed with the parties agree to make no changes in their objection should be accompanied by Commission for approval pursuant to tariffs without prior notice to members of arguments of fact or law and should be section 15 of the Shipping Act, 1916, as the Association and to make no change supported by legal precedent or detailed amended (39 Stat. 733, 75 Stat. 763, 46 effective until after 30 days notice to the economic analysis. General, vague, and U.S.C. 814) . public unless good cause exists for a unsupported objections will not be Interested parties may inspect and ob­ change on shorter notice. Each member entertained. tain a copy of the agreement at the reserves to himself the right of independ­ Accordingly, it is ordered, That: Washington office of the Federal Mari­ ent action. 1. All interested persons are directed time Commission, 1405 I Street NW., to show cause why the Board should not Room 1202, or may inspect agreements By order of the Federal Maritime Com­ issue an order making final the tentative at the offices of the District Managers, mission. findings and conclusions stated herein New York, N.Y., New Orleans, La., and Dated: June 30, 1969. and extending the authorizations de­ San Francisco, Calif. Comments with [F.R. Doc. 69-7891; Filed, July 2, 1969; scribed in the attached appendix for a reference to an agreement including a 8:50 a.m.] Period to terminate on June 30, 1974; request for hearing, if desired, may be 2. The authorizations set forth in the submitted to the Secretary, Federal Mari­ EUROPA-CANADA UNIE G.m.b.H. appendix below be and they hereby are time Commission, Washington, D.C. continued in effect until final decision 20573, within 20 days after publication of Order of Revocation on the matters set forth in ordering this notice in the F ederal R egister. A Europa-Canada Linie, G.m.b.H., Bre­ Paragraph 1 herein; copy of any such statement should also men 1 Breitenweg, Bremen, West Ger­ 3. Any interested persons having ob­ be forwarded to the party filing the many. jections to the issuance Of an order agreement (as indicated hereinafter), Certificate of Financial Responsibility making final the proposed findings and and the comments should indicate that for Indemnification of Passengers for this has been done. Nonperformance of Transportation No. conclusions set forth herein shall, within Notice of agreement filed for approval 20 days after service of a copy of this P-15 and Certificate of Financial Re­ order, file with the Board and serve upon by: sponsibility to meet liability incurred for all persons made parties to this proceed- Mr. Leo F. Glynn, Glynn & Dempsey, At­ death or injury to passengers or other a statement of objections together torneys at Law, 50 State Street, Boston, persons on Voyages No. C-1,015. a summary of testimony, statistical * Mass. 02109. Whereas, Europa-Canada Linie, G.m. data, and other evidence expected to be Agreement No. T-2315 between Termi­ b.H., Bremen, has ceased to operate pas­ relied upon to support the stated nal Services, Inc., Nacirema Operating senger vessels subject to sections 2 and 3 objections; Co., Inc., and John T. Clark Terminal of Public Law 89-777; and

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11228 NOTICES

Whereas, Europa-Canada Linie, G.m. Gateway Export Co., Washington, D.C. cation, in order to be considered with any b.H., Bremen, has returned Certificate 20005, be and is hereby revoked effective domestic public radio services application (Performance) No. P-15 and Certificate June 12, 1969. (Casualty) No. C-1,015 to the Commis­ appearing on the attached list, must be sion for revocation: It is further ordered, That a copy of substantially complete and tendered foi- this order be published in the F ederal It is ordered, That Certificate (Per­ filing by whichever date is earlier: (a) R e g ist e r and served upon the licensee. The close of business 1 business day pre­ formance) No. „ P-15 and Certificate ceding the day on which -the Commission (Casualty) No. C-1,015 be and are hereby L e r o y F . F u l l e r , Director, takes action on the previously filed ap­ revoked effective June 27, 1969. plication; or (b) within 60 days after It is further ordered, That a copy of Bureau of Domestic Regulation. the date of the public notice listing the this order be published in the F ed e r a l [F.R. Doc. 69-7894; Filed, July 2, 1969; first prior filed application (with which R e g is t e r and served on Europa-Canada 8 :5 0 a.m .] subsequent applications are in conflict) Linie G.m.b.H., Bremen. as having been accepted for filing. By the Commission. An application which is subsequently amended by a’majorchange will be con­ T h o m a s L i s i , FEDERAL COMMUNICATIONS Secretary. sidered to be a newly filed application. It is to be noted that the cutoff dates are [F.R. Doc. 69-7892; Filed, July 2, 1969; COMMISSION set forth in the alternative—applications 8 :5 0 a.m .] will be entitled to consideration with [Report No. 446] those listed in the appendix if filed by TRANS-OCEAN STEAMSHIP CO. COMMON CARRIER SERVICES the end of the 60-day period, only if the INFORMATION 1 Commission has not acted upon the ap­ Order of Revocation plication by that time pursuant to the Domestic Public Radio Services first alternative earlier date. The mutual Certificate of Financial Responsibility Applications Accepted for Filing 2 exclusivity rights of a new application for Indemnification of Passengers for are governed by the earliest action with Nonperformance of Transportation No. J u n e 30, 1969. respect to any one of the earlier filed P-63 and Certificate of Financial Respon­ Pursuant to §§ 1.227(b) (3) and 21.26 conflicting applications. sibility To Meet Liability Incurred for (b) of the Commission’s rules, an appli- The attention of any party in inter­ Death or Injury to Passengers or Other est desiring to file pleadings pursuant to Persons on Voyages No. C-1,058. 1 All applications listed in the appendix are section 309 of the Communications Act N.V. Scheepvaart Maatschappij subject to further consideration and review of 1934, as amended, concerning any do­ “Trans-Ocean” (Trans-Ocean Steamship and may be returned and/or dismissed if not mestic public radio services application Co.) Hoenderlaan, 6, ’S-Gravenhage, The found to be in accordance with the Com­ accepted for filing, is directed to § 21.27 Netherlands. mission’s rules, regulations, and other re­ of the Commission’s rules for provisions Whereas, Trans-Ocean Steamship Co. quirements. governing the time for filing and other has ceased to operate passenger vessels 2 The above alternative cutoff rules apply requirements relating to such pleadings. subject to sections 2 and 3 of Public Law to those applications listed in the appendix 89-777; and as having been accepted in Domestic Public F e d e r a l C ommunications Land Mobile Radio, Rural Radio, Point-to- C o m m i s s i o n , Whereas, Trans-Ocean Steamship Co. Point Microwave Radio, and Local Television [ s e a l ] B e n F . W a p l e , has returned Certificate (Performance) Transmission Services (Part 21 of the rules). Secretary. No. P-63 and Certificate (Casualty) No. C-1,058 to the Commission for revoca­ A p p e n d i x tion: Applications A ccepted fo r F il in g : J u n e 30, 1969 It is ordered, That Certificate (Per­ formance) No. P-63 and Certificate DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE (Casualty) No. C-1,058 be and are hereby File No., applicant, call sign, and nature of application revoked effective June 27, 1969. 7729— C2—TC—69—Valley Mobile Communications Inc. (KMD690), Consent to transfer of It is further ordered, That a copy of control from Clarence Gary, Transferor, to: Bruce Gary, Transferee. this order be published in the F ederal 7730— C2—P-69—Mobile Radio System of Ventura, Inc. (KMA835), C.P. for an additional base R e g is t e r and served on Trans-Ocean channel to operate on frequency 152.12 MHz at station located at 7000 feet north of Steamship Co. Foothill and Day Road, Willis Canyon Peak, Ventura, Calif. 7731— 1C2—P— (3) —69—Caprock Radio Dispatch (KKJ449), C.P. to delete base frequency 152.06 By the Commission. MHz at location No. 1: 200 West First Street, Roswell, N. Mex., and location No. 2: Capitan T h o m a s L i s i , Mountain, 48 miles northwest of Roswell, N. Mex. Also delete 75.98 MHz (Repeater) at Secretary. location No. 2. Add 152.12 MHz (Base) and 459.10 MHz (Repeater) at a new site identified [F.R. Doc. 69-7893; Filed, July 2, 1969; as location No. 4: 3.5 miles southwest of Caprock, N. Mex. Also at existing location No. 3: 8 :5 0 a.m .] 310 West Wildy, Roswell, N. Mex., replace 72.58 MHz control facilities with frequency 454.10 MHz. 7732— C2—P-69—Mobile Radio Systems Ltd. (KSJ824), C.P. for additional base channel to be [Independent Ocean Freight Forwarder located at a new site described as location No. 2: 1704 East Jackson Street, Springfield, License No. 1061] HI., to operate on frequency 152.18 MHz. GATEWAY EXPORT CO. 7733— C2—AL—69—Worcester Communications Co., Inc. (KCA721), Consent to assignment of license from: Worcester Communications Co., Inc. Assignor to: Communications Elec­ Order of Revocation tronics Service, Inc. d.b.a. Worcester Communications Co., Assignee. 7734— C2—TC—69 Philadelphia Mobile Telephone Co. (KGI775), Consent to transfer of control Mr. Jack Rubin has advised the Fed­ from: Robert L. Starer, John B. Huffaker, and Physitech Corp., Transferors, to: The eral Maritime Commission that he wishes Mobile Telephone Co., Transferee. to relinquish voluntarily his Independent 7757— C2—P—(3) —69 Texas Mobile Telephone Co. (New), C.P. for a new 2-way station to be' Ocean Freight Forwarder License No. located at Preston Towers, Preston Road and Northwest Highway, Dallas, Tex., to operate 1061, and will return said license to the on frequencies 454.025, 454.125, 454.225 MHz. Commission for cancellation. 7759- C2-P-69—Otis L. Hale d.b.a. Mobilfone Communications (New), C.P. for a new 1-way By virtue of authority vested in me by station to be located at 30th and Maple Streets, Little Rock, Ark., to operate on frequency the Federal Maritime Commission as set 152.24 MHz. forth in Manual of Orders, Commission 7760- C2-P-69—Pioneer Telephone Cooperative, Inc. (KLB669), C.P. to change antenna Order 201.1, section 6.03: system and relocate facilities to: One mile east of Kingfisher, Okla., operating on base frequency 152.69 MHz. Also add base station to operate on frequency 454.525 MHz. It is ordered, That the Independent 7758— C2-P—(3)-69—Michigan Mobile Telephone Co. (New), C.P. for a new 2-way station Ocean Freight Forwarder License No. to be located at Pemobscott Building, Griswald and Fort Street, Detroit Mich to operate 1061 of Jack Rubin doing business as on frequencies 454.250, 454.300, 454.350 MHz.

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 DOMESTIC PUBLIC LAND MOBZLE RADIO SERVICE--- Continued POINT-TO-POINT MICROWAVE RADIO SERVICE 7877— C 2 —P—69—W. Donald Moll tor and Donald N. Molitor, d.b.a. Canaveral Communications 7723— Cl—P—09—Illinois Bell Telephone Co. (KSN61), C.P. to add 6241.7, 10,915 MHz directed (New), C.P. for a new 1-way station to be located at 310 Palmetto Avenue, Melbourne, Fla., toward Lorenzo, HI., at its station 2.8 miles east-southeast of Norway, 111. to operate on base frequency 158.70 MHz. 7724— Cl—P—69—Illinois Bell Telephone Co. (KYC83), C.P. to add 6019.3, 11,365 MHz directed 7878— C2—P—69—C. L. McHolland d.b.a. Dome Communications (KLF516), C.P. to replace toward Norway, 111., at its station 3.5 miles northwest of Lorenzo, 111. transmitter operating on base frequency 152.15 MHz at location No. 1: Little Goose 7725— Cl—P-69—Western Union Telegraph Co. (The) (KNG49), C.P. to change antenna loca­ Peak, Wyo. tion to adjacent to building No. 1, Sunnyvale, Calif., operating on 3770 and 4010 MHz. 7879- C2-P-69—Ralph C. Parker d.b.a. Ratel Communications Co. (KK0341), C.P. for addi­ 7726— C1-P—69—Illinois Bell Telephone Co. (KSN55), C.P. to add 10,975, 11,135 MHz directed tional base channel to operate on frequency 152.21 MHz at station located at KFDX-TV toward Winnebago, 111., at its station 211 North Church Street, Rockford, 111. Tower, State Route No. 30 and Old Seymour Road, Wichita Falls, Tex. 7727— C1—P—69—Illinois Bell Telephone Co. (KCG70), C.P. to add 11,385, 11,545 MHz directed 7880— C2-P-(2)-69—Kalama Telephone Co. (KOP330), C.P. for additional base channel to toward Rockford, 111., and add 6301.0, 11,345 MHz toward Freeport, 111., at its station 2.5 operate on frequency 152.72 MHz at station located at end of China Gardens Road, 4y2 miles miles east-southeast of Winnebago, 111. east of Kalama, Wash. 7728— Cl—P-69—Illinois Bell Telephone Co. (New), C.P. for a new station. Frequencies: 6078.6, 7894- C2-P-(4)-69—The Chesapeake & Potomac Telephone Co. (KGA586), C.P. to change an­ 10,935 MHz. Location: 2.1 miles north of Freeport, 111. tenna system for base frequencies 152.51, 152.63, 152.72, 152.81 MHz at Location No. 2: 1420 7738—Cl-P/ML-69—The Pacific Telephone & Telegraph Co. (KMJ95), C.P. and modification of Columbia Road NW„ Washington, D.C. of license to add 5945.2 MHz directed toward 2490 Garden Highway, Sacramento, Calif. 7895- C2-P— (2)-69—The Chesapeake & Potomac Telephone Co. (KGC405), C.P. (Develop­ (KVIE), at its station 1407 J Street, Sacramento, Calif. mental) to change antenna system for frequencies 454.95, 454.675, MHz at station located 7883— Cl-P/L-69—South Central Bell Telephone Co. (New), C.P. and license for a new sta­ at 1420 Columbia Road NW., Washington, D.C. tion. Frequency: 6093 MHz. Location; Corner North Roan and Commerce Streets, Johnson 731-C2-R-69—Day-Nite Radio Message Service Carp. (KGA593), Renewal filed for license ex­ City, Tenn. piring Apr. 1,1969. 7884— C1-P-69—General Telephone Co. of Kentucky (KYC59), C.P. to add 5952.6, 6071.2 MHz 7923-C2-P-(2)-69—Arlington Telephone Co. (New), C.P. for new (Developmental—Air- toward Mount Vernon and add 10,875, 11,115 MHz toward Somerset, Ky., at its station Hale Ground) station to be located at 615 West Dodge Street, Arlington, Nebr., to operate on Knob, 0.9 mile southwest of West Somerset, Ky. frequencies 454.825, 454.675 MHz. 7885— C1—P-69—General Telephone Co. of Kentucky (New), C.P. for a new station. Fre­ Informative quencies: 11,325 and 11,565 MHz. Location: 305 North Main Street, Somerset, Ky, 7886— C1-P-69—Indiana Bell Telephone Co. (KSV86) , C.P. to change antenna systems at its 7768-C2-P/L-69—Atlas Van-Lines, Inc., Applicant has filed an application for 500 individual station 1100 feet west of South 23d and Raible Streets, Anderson, Ind. mobile units using facilities of Wireline Common Carriers throughout tlfe continental 7887— Cl-P/ML-69—The Ohio Bell Telephone Co. (KQL27), C.P. and modification of license United States. to add two antennas and 6175, 6225 MHz directed toward Parma, Ohio (WUAB), at its

Major Amendment station 750 Huron Road, Cleveland, Ohio. NOTICES 7888— C1-P—69—Southern Bell Telephone & Telegraph Co. (KIY62), C.P. to power split 46-C2-F-69—Jack Loperena (New), Amend to read: C.P. for a new 1-way signaling station. frequencies 6226.9 and 6345.5 MHz toward Spartanburg, S.C., at its station 6 miles north Frequency: 158.70 MHz. All other particulars to remain the same as reported on public of Greenville, S.C. notice dated Aug. 28, 1968, Report No. 402-1. 7889— Cl—P—69—The Mountain States Telephone & Telegraph Co. (KPR44), C.P. to add Corrections 11,075 MHz directed toward Billings Junction, Mont., at its station 3001 Second Avenue North, Billings, Mont. . 5075—C2—P-69—Central Mobile Radio Phone Service (KQK595), Correct to read: C.P. to re­ 7890— C1-P-69—The Mountain States Telephone'* Telegraph Co. (KPR45), C.P. to add place base transmitter operating on frequency 152.12 MHz. All other particulars remain the 11,245 MHz toward Indian Arrow and add 11,525 MHz toward Billings, Mont., at its station same as reported under Major Amendments on public notice dated Apr. 21, 1969, Report 6.5 miles southeast of Billings, Mont. No. 436. 7891— Cl—P—69—The Mountain States Telephone & Telegraph Co. (KPR46), C.P. to add 7372-C2-MP-69—New York Telephone Co. (KEA763), Correct to read: Modification of C.P. to 10.795 MHz toward Billings Junction and add 11,075 MHz toward ¡Pine Ridge, Mont., at relocate and increase antenna height for base frequencies 454.375, 454.450, 454.525, 454.550, its station 10.5 miles southwest of Corinth, Mont. 454.625, 454.650 MHz at location No. 3: 237 East 37th Street, New York, N.Y., and to add 7892— C1-P—69—The Mountain States Telephone & Telegraph Co. (KPR47), C.P. to add auxiliary test facilities to operate on frequencies 459.375, 459.450, 459.525, 459.550, 459.625, 11,525 MHz toward Indian Arrow and add 11,245 MHz toward Hardin, Mont., at its station 459.650 MHz located at 228 East 56th Street, New York, N.Y. 5.5 miles southeast of Corinth (Pine Ridge), Mont. 7482-C2-P-69—Communications Engineering Co. (KMA742), Correct to read: C.P. to change 7893— C1—P-69—The Mountain States Telephone & Telegraph Co. (KPR48), C.P. to add antenna systems for base frequencies 152.18 MHz and 152.21 MHz; replace transmitter for 10.795 mttz toward Pine Ridge, Mont., at its station 16 West Fourth Street, Hardin, Mont. frequency 152.21 MHz. Major Amendments RURAL RADIO SERVICE 5441-C1-P-69—Mountain States Telephone & Telegraph Co. (The) (KPI50), Correct geo­ 7881- C1-P/L-69—The Mountain States Telephone & Telegraph Co. (New), C.P. and license graphic coordinates to lat. 48010'10" N., long. 111®46'30" W. All other particulars same for a new fixed station to be located at 22 miles west of Missoula, Mont., to operate on as reported in public notice dated Mar. 24, 1969, Report No. 432. frequency 157.89 MHz. 6270— C1—P—69—General Telephone Co. of the Northwest, Inc. (New), Change the azimuth 7882- C1-P-69—Western California Telephone Co. (New), C.P. for a new fixed station to be of radio path between Troy, Mont., and the passive reflector at Preacher Mountain, Mont., located at Los Huecos Ranch 6.21 miles northeast Morgan Hill, Calif., to operate on fre­ from 224°17' to 201°19'. Station location: Second and Kootenai Streets, Troy, Mont. quency 157.86 MHz. 6271— Cl-P-69—General Telephone Co. of the Northwest, Inc. (New), Change the azimuth of 7919—Cl-P/L-69—South Georgia Telephone Co. (New), C.P. and license for a new fixed sta­ radio path between Preacher Mountain passive reflector and Troy, Mont., from 44° 17' to tion at temporary locations within territory of grantee to operate on frequency 157.80 21°18'. Station location: 114 East Fourth Street, Libby, Mont. All other particulars same MHz. (Communicate with station KIY751 at Folkston, Ga.) as reported in public notice dated Apr. 28, 1969, Report No. 437. 11229

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11230 NOTICES

p o i n t - t o - p o i n t m i c r o w a v e r a d io s e r v i c e —continued [Dockets Nos. 18489-18491; FCC 69R-281] 6746— Cl—P-69—The Mountain States Telephone & Telegraph Co. (KXQ99), Change geo­ graphic coordinates to lat. 44°37'17'' N.,long. 108°49'14" W. Station location: McCullough SUMMIT BROADCASTING ET AL Peak, 11.7 miles east-northeast of Cody, Wyo. Memorandum Opinion and Order 6747— C1—P-69 The Mountain States Telephone & Telegraph Co. (New), Change geographic coordinates to lat. 44°45'20" N., long. 108°45'29" W. Station location: 277 North Absaroka Enlarging Issues Street, Powell, Wyo. All other particulars same as reported in public notice dated Mav 19 In re applications of Richard S. 1969, Report No. 440. Genetti, Edward P. Genetti, Salvadore Gaudiano, Jr., and James Manganell (a POINT-TO-POINT MICROWAVE RADIO SERVICE (NONTELEPHONE) Partnership), doing business as Summit 7769- C1-P-69—Mountain Microwave Corp. (New), C.P. for new station 5 miles northwest of Broadcasting, Freeland, Pa., Docket No De Smet, S. Dak. at lat. 44°26'29" N., long. 97°37'10" W. Frequency 11,055 MHz on azi­ 18489, File No. BP-16986; CBM, Inc., muths 306°8' and 75° 50'. West Hazleton, Pa., Docket No. 18490*, 7770- Cl—P—69—Mountain Microwave Corp. (New), C.P. for new station 3 miles northwest of File No. BP-17497; Broadcasters 7, Inc.,' Toronto, S. Dak. at lat. 44°36'22" N., long. 96°40'52" W. Frequency: 11,545 MHz on azi­ West Hazleton, Pa., Docket No. 18491, muth 309°18'. File No. BP-17498; for construction per­ 7771- C1-P-69—Mountain Microwave Corp. (New), C.P. for new station 2 miles north- mits, 1300 kHz. northwest of Redfield, S. Dak. at lat. 44°54'40" N„ long. 98°32'05" W. Frequency: 11,545 1. Involved here are mutually exclu­ MHz on azimuth 2°27'. (Informative: Applicant proposes to provide the television signal sive applications for a new standard of station KORN-TV of Mitchell, S. Dak. to Aberdeen Cable TV Service, Inc., and to Mid- broadcast facility; Summit Broadcasting Continent Cable Systems in Aberdeen and Lake Kampeska, S. Dak., respectively.) (“Summit”) proposes to locate its facil­ 7772- Cl—ML—69 West Texas Microwave Co. (KKU85), Modification of license to permit car­ ity in Freeland, Pa., and CBM, Inc. riage of four audio channels consisting of KIXL-FM, KWXI-FM, WRR-FM, and KCWM-FM, (“CBM”) and Broadcasters 7, Inc. to Odessa, Tex., for delivery to Community Cablevision of Odessa. (“Broadcasters”) each proposes to locate 7773- C1—P-69—Micro-Relay, Inc. (KJL94), C.P. to add power split on frequencies 5960.0, in West Hazleton, Pa.1 Now before the 6019.3, and 6137.9 MHz. Azimuths 69°38', 126*06', and 298° 10'. Station location: 0.8 miles Review Board is a petition to enlarge is­ southwest of Helena, Ga., at lat. 32°04'06" N., long, 82°55'51" W. (Informative: Applicant sues, filed April 10, 1969, by Summit proposes to provide the television signals of WAGA-TV, WJRJ-TV, WQXI, and WSB-TV seeking a Suburban Community issue2 and six FM broadcast signals to Kastman, Hazlehurst, and Vidalia, Ga., for delivery to against each of the other applicants.8 G.T. and E. Communications, Inc.) Also, before the Board is a joint petition, 7774- C1—P-69—Micro-Relay, Inc. (KJL95), C.P. to add power split at station located 3.2 miles filed May 15, 1969, by CBM and Broad­ southeast of Broxton, Ga., at lat. 31°35'24" N„ long. 82°51'26" W. Frequencies 6241.7, casters, seeking the identical issue 6301.0, and 6360.3 MHz on azimuth 292°36'. (Informative: Applicant proposes to provide against Summit.4 the television signals of WAGA-TV, WJRJ-TV, WQXI, and WSB-TV and six FM broadcast 2. Stated generally, the requests for signals to Fitzgerald, Ga., for delivery to G.T. and E. Communications, Inc.) issues derive from, the proximity of the 7775- C1-P-69—Northoo Microwave, Inc. (KCK70), C.P. to power split frequency 5937.5 MHz communities specified by each applicant at Mount Greylock, Mass., lat. 42°38'14" N., long. 73°09'56" W. Azimuth 61°46'. (Informa­ to the city of Hazelton, Pa.; the compar­ tive: Applicant proposes to provide the television signal of WPIX-TV of New York City to ative size of-the communities; the loca­ New England Microwave, Inc., at Florida Mountain, Mass., for delivery to their existing tion of the respective transmitter sites; subscriber Mohawk Valley TV at Athol, Mass.) the extent of coverage of Hazelton pro­ 7876—Cl—ML-69—American Microwave & Communications, Inc. (KY048), Modification of posed by each applicant; and the as­ license to change designation of Mount Pleasant, Mich., receiving site to (Drop-Relay) in serted inability of the respective specified order to permit delivery of WKBD-TV signal to Thumb Video Co. and Boothe Communica­ communities to provide sufficient reve­ tions Co. (Applicant formerly known as Upper Peninsula Microwave, Inc.) nues to sustain the station. Specifically, 7896— Cl-P-69—American Television Relay, Inc. (KKT86), C.P. to power split frequencies in support of its petition, Summit points 6078.6 and 6137.9 on azimuth 72°16'. Location: Boy Scout Mountain, 4.6 miles northwest of out that West Hazelton, the community Arabela, N. Mex. at lat. 33°37'20" N., long. 105°14'24" W. specified by both CBM and Broadcasters 7897— Cl-P-69—American Television Relay, Inc. (New), C.P. for new station 10 miles north­ is adjacent to Hazelton, and that, ac­ west of Kenna, N. Mex., at lat. 33°58'38" N„ long. 103°52'21" W. Frequencies: 11,095 and cording to the 1960 Census, Hazelton 11,175 MHz on azimuth 51°16'. (Informative: Applicant proposes to provide the television had a population of 32,056 while West signals of stations KTLA and KHJ-TV to Clovis, N. Mex. for delivery to Midwest Video Hazelton’s population was 6,278. Summit Corp.) further observes that, although both 7920- Cl-P-69—Teleprompter Transmission of Kansas, Inc. (KPB82), C.P. to (a) add fre­ CBM and Broadcasters have specified quency 6382.6 MHz via power split, toward Mount Royal (KPB51), Mont., on azimuth West Hazelton as their principal com­ 67°21'; (b) delete frequency 6264.0 MHz toward Cutbank and Shelby, Mont.; and (c) delete munity, both will place a 5 mv/m signal High woods Peak (KPH86) , Mont., as point of communication. Transmitter location: Mount Baldy, 9 miles south-southeast of East Glacier, Mont. 1 The applications were designated for 7921- C1-P-69-—Teleprompter Transmission of Kansas, Inc. (KPB51), C.P. to (a) add fre­ hearing by Commission Order (FCC 69-237, quencies 6019.3, 6078.6, and 6108.3 MHz toward Highwoods Peak (KPH86) , Mont., on 16 FCC 2d 1002, released March 21, 1969) on azimuth of 166°08'; (b) change existing frequency 6359.5 MHz to 6137.9 MTTg toward issues including a 307(b) issue and a con­ Highwoods Peak; (c) change frequencies toward Havre, Mont., to 6019.3, 6108.3, 6049.0, tingent comparative issue. 2 Policy Statement on section 307(b) Con­ 6137.9, and 6167.6 MHz on azimuth 108°06'; (d) change frequencies toward Cutbank, siderations for Standard Broadcast Facilities Mont., to 6049.0, 6137.9, and 6167.6 MHz; (e) change frequencies toward Shelby, Mont., to Involving Suburban Communities, 2 FCC 2d 6049.0, 6137.9, 6167.6 MHz; and (f) replace two of five existing transmitters and increase 190, 6 RR 2d 1901 (1965). output power. Transmitter location: Mount Royal, 28 miles north-northwest of Chester, 3 Additional pleadings relating to this Mont. petition before the Board are: opposition, 7922- C1-P-69—Teleprompter Transmission of Kansas, Inc. (KPH86), C.P. to (a) change filed May 7, 1969, by Broadcasters 7, Inc.; frequencies toward Great Falls, Mont., to 5960.0, 5989.7, 6049.0, and 6167.6 mti?: on azimuth Broadcast Bureau comments, filed May 7, of 227°22'; (b) change frequencies toward Little Rockies, Mont., to 5989.7 and 6049.0 1969; opposition, filed May 7, 1969, by CBM, MHz on azimuth of 69°58'; and (c) replace four of four existing transmitters and increase Inc.; and reply, filed May 21, 1969, by Summit. output power. Transmitter location: Highwoods Peak, 28 miles east-southeast of Great 4 Additional pleadings relating to this pe­ tition before the Board are: opposition, filed Falls, Mont. (Informative: Applicant proposes to modify its existing system for purpose June 4, 1969, by Summit; and Broadcast of improving service to its subscribers. Presently authorized service is unchanged by these Bureau comments, filed June 4, 1969. CBM applications.) and Broadcasters have not filed a reply and [F.R. Doc. 69-7871; Filed, July 2, 1969; 8 :48 a.m.] the time therefor has expired.

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 NOTICES 11231

over the larger city and indeed, CBM will its transmitter location has been selected Hazleton newspaper, and, under a plan provide a 25 mv/m signal to most of on the basis of financial considerations, said to have been adopted by the Penn­ Hazelton and Broadcasters will place and, that since power greatly in excess of sylvania school authorities, its high that quality signal over the entire city. that required to serve the principal com­ school will be closed and its students Summit notes that both applicants’ munity is not proposed, the incidental bussed to nearby schools. These circum­ transmitter sites are located extremely coverage of Hazleton does not warrant stances, conclude the joint petitioners, close to Hazelton; and that neither the issue. Since, it is claimed, the popula­ warrant the imposition of a Suburban applicant could have specified Hazelton tion disparity is not great, excessive Community issue against Summit. as its principal community due to the power is not proposed, and the specified 5. Summit responds that good cause restrictions of Rule 73.37(a).5 Summit community has an independent existence for the late filing of the joint petition has argues that these facts alone warrant the and can support the facility, CBM and not been shown and that Edgefleld- imposition of the Suburban Community Broadcasters contend that Summit has Saluda, supra, is inapposite because the issue against CBM and Broadcasters failed to raise a substantial question.8 joint petition does not raise a substan­ (citing inter alia, Outer Banks Radio 4. On the other hand, CBM andtial question. On the merits, Summit Co., FCC 69-37, 15 FCC 2d 994 (1969)) Broadcasters contend, in their joint peti­ argues that the joint petition does not especially because both such applica­ tion, that a substantial question does show that Summit purposefully proposes tions were filed “on top” of its applica­ exist as to whether Summit will real­ to cover Hazleton and fails to establish tion for Freeland. Summit further main­ istically serve its specified community or the existence of a city-suburb relation­ tains that West Hazelton is merely a some larger community. Petitioners ship between Hazleton and Freeland. As satellite of Hazelton, and is within the acknowledge that their request is not to the former, Summit asserts that its SMSA of which Hazelton is the central timely filed. They argue, however, that array is directionalized to avoid adjacent city. Summit notes that the two com- good cause for the petition is present be­ and co-channel interference; that the -munities have a common water and cause, if Summit’s petition is granted, the major lobes run on a northeast-south­ sewage authority; that the telephone issue should be applied “with total equity west axis, and the northeast lobe—away book does not contain separate listings to all applicants.” Alternatively, the from Hazleton—extends further with for Hazelton and West Hazelton, whereas joint petitioners assert that the Board higher radiation than the lobe covering other neighboring communities are sep­ should, on its own motion, consider the Hazleton; and that, as conceded by the arately listed; that West Hazelton and merits of their petition under the Edge- petitioners, 1 kw is not excessive power. Hazelton have a common Chamber of field-Saluda doctrine.7 On the merits, the As to the latter, Summit asserts that, in Commerce and service clubs; and that joint petitioners point out that Summit’s a study made by Pennsylvania State Uni­ the local newspapers do not treat West application specifies the town of Free­ versity at the request of the Hazleton Hazelton news separately, but report land, a community of 5,068 persons lo­ Chamber of Commerce, the definition of such items together with news for cated but 4.2 miles from Hazleton; there the “Greater Hazleton Area” does not Hazelton. Summit further asserts that is, argue the petitioners, a significant include Freeland. Similarly, notes Sum­ a local urban redevelopment program population disparity between the two mit, the U.S. Census does not include (CAN-DO) encompasses both commu­ towns. The joint petitioners concede that Freeland in the Hazleton SMSA. Further, nities and is administered by represent­ the 1 kw operation proposed by Summit argues Summit,, the community has that atives drawn from the “Greater Hazelton is not excessive power, but assert that congery of civic, economic and govern­ Area.” Finally, Summit claims that Summit’s 5 mv/m contour will cover mental organizations and services9 which neither CBM nor Broadcasters has shown “nearly all” of Hazleton; that, indeed, clearly indicates its existence independ­ that its advertising revenues will be under Summit’s proposed directional ar­ ent of Hazleton. Indeed, Freeland is drawn from its specified community, and, ray, the major radiation lobe is aimed resisting the efforts to close its schools, Summit contends, there is a serious toward Hazleton; and that Summit could asserts Summit. Finally, Summit insists question as to whether West Hazelton not have specified Hazleton as its city of that with retail sales in excess of $5 mil­ can generate sufficient revenues to sup­ license due to the limitations of Rule lion, Freeland is well able to provide suf­ port a station. Summit therefore insists 73.37. Petitioners argue that this direc­ ficient sources of advertising to support that the circumstances warrant a Sub­ tional pattern was established to provide its facility and the joint petitioners’ as­ urban Community issue, and an issue to the strongest possible signal to the larger sertions to the contrary are wrong and determine whether CBM and Broad­ city. Further, argue petitioners, Freeland unsubstantiated. For these reasons, con­ casters, if treated as applicants for does not have sufficient sources of ad­ cludes Summit, there is no basis for a Hazelton, comply with Rule 73.37. vertising revenues to supply the $60,000 Suburban Community issue against it, 3. CBM and Broadcasters, in separatewhich Summit estimates will be required whereas the circumstances do warrant pleadings, oppose addition of Summit’s for its first year of operation. The peti­ such an issue against the West Hazle­ requested issues. They assert that one of tioners note, in this respect, that Free­ ton applicants.10 the objectives of the Suburban Commu­ land has only two significant industrial 6. The Review Board is of the view nity Policy Statement, supra, is to en­ establishments (employing 359 persons) that a Suburban Community issue is courage placement of broadcast facilities and that the total number of business warranted against all three applicants in m developing communities, and contend establishments has declined in recent this proceeding.11 It is well established that West Hazleton is such a community. years. Finally, citing Outer Banks Radio They point out that West Hazleton has Co., supra, petitioners contend that it is 81.e., its own post office, Chamber of Com­ an independent governmental system; not necessary to establish the existence merce, Redevelopment Corporation, water that despite the recent reorganization of of a city-suburb relationship between and sewage authority and YMCA. Also, Pennsylvania schools and magistrate Hazleton and Freeland; nevertheless, it argues Summit, Freeland phone numbers are is asserted, the facts suggest the exist­ separately listed in the telephone directory courts, West Hazleton still has its own and the Hazleton paper carries a separate school and court system. Further, assert ence of such a relationship. Thus, argue news section covering Freeland. CBM and Broadcasters, West Hazleton the petitioners, although Freeland is a 10 The Broadcast Bureau urges imposition has its own police and fire departments separate legal entity,8 its residents are of the issue against all three applicants, as well as local civic organizations. stressing particularly the similarity of the dependent upon Hazleton for shopping, facts of the instant case with those present Finally, CBM and Broadcasters main­ entertainment and employment, it is in Outer Banks, supra. tain, relying in part upon Pennsylvania treated as part of the Greater Hazleton 11 The CBM-Broadcasters 7 petition is con- tax authorities’ figures, that West Hazle­ Area by the Chamber of Commerce and cededly untimely and the joint petitioners’ claim of good cause is frivolous. Neverthe­ ton is a vigorous growing community less, the petition does raise a public interest which can readily support a broadcast e In reply, Summit maintains that the question of substantial magnitude and im­ facility. Each applicant also asserts that factual assertions raised by CBM and Broad­ position of an issue will not unduly disrupt casters do not suffice to resolve the substan­ the proceeding. Consistent with our practice, tial question raised by its petition. we will, therefore consider the request on Summit notes that CBM’s original appli­ i 5 FCC 2d 148, 8 RR 2d 611 (1966). its merits, see WSTE-TV, Inc., 16 FCC 2d cation was filed for 1170 kHz, Hazleton; this «Petitioners also concede that Freeland is 625, 15 RR 2d 697 (1969); Edgefield-Saluda, application was rejected by the Commission. not a part of the Hazleton SMSA. supra.

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11232 NOTICES that, upon a proper “threshold showing”, of Hazleton-West Hazleton. In the last a Suburban Community issue will be analysis, then, the threshold showing FEDERAL POWER COMMISSION added even though, as here, the circum­ must raise a substantial question as to stances of the case do not fit precisely whether the applicant will realistically [Docket No. AR69-1] within the standards which raise the pre­ serve the community which it has spec­ AREA RATE PROCEEDING sumption formulated in the Policy State­ ified. Outer Banks, supra. Such a burden ment, supra. In the cases succeeding the is not light, VWB, supra, but, in our Order Deleting Respondents and Policy Statement, the Commission has view, the question has been clearly raised Redesignating Respondent articulated the type of “threshold show­ in this case, and a Suburban Community J une 26, 1969. ing” to be made, see, e.g., Babcom, Inc., issue will be added against all three 12 FCC 2d 306, 12 RR 2d 998 (1968); applicants.12 Area Rate Proceeding, Offshore South­ Outer Banks Radio Co., Inc., supra; 7. It is orderedl, That the petition to ern Louisiana, Federal Domain and Dis­ VWB, Inc., supra; and Harry D. enlarge issues, filed April 10, 1969, by puted Areas, Docket No. AR-69-1. Stephenson and Robert E. Stephenson, Summit Broadcasting; and the joint pe­ On April 30, 1969, Mississippi River PCC 68-1144, 15 FCC 2d 335; com­ tition to enlarge issues, filed May 15,1969, Corp. filed a request to be deleted as a pare Durgin Associates, Inc., 10 FCC by CBM, Inc. and Broadcasters 7, Inc., respondent to this proceeding. A similar 2d 24, 11 RR 2d 205 (1967). Such are granted; and that the issues in this request was filed May 26, 1969 on behalf a showing has been made against all proceeding are enlarged by the addition of Consolidated Natural Gas. Co., Con­ the applicants here. Thus, while cov­ of the following: solidated Natural Gas Service Co., and erage of the larger city with a 5 mv/m To determine, with respect to CBM, The Peoples Natural Gas Co. signal is not, of itself dispositive, the en­ Inc., Broadcasters 7, Inc. and Summit Pursuant to the order instituting this gineering considerations are relevant to Broadcasting: proceeding, issued March 20, 1969, pur­ the threshold showing. VWB, Inc., supra. (1) Whether each such applicant will chasers of offshore leases, natural gas Here all three applicants will place a 5 realistically provide a local transmission companies having rate schedules on file mv/m signal over all, or nearly all of the facility for its specified station location for sales within the hearing area, and larger community; CBM and Broadcast­ or for another larger community, in light pipelines operating in the area were ers 7 have positioned their transmitter of all the relevant evidence, including but made respondents. The above companies sites and Summit has directionalized its not limited to, evidence showing: were named as respondents in Appendix contour, the pleadings indicate, in such (a) The extent to which the specified A to the instituting order. a manner as to place a strong signal over station location has been ascertained by A review of the information on file Hazleton. These engineering considera­ the applicant to have separate and dis­ with the Commission bears out the con­ tions take on added weight, the Commis­ tinct program needs; tention of each of the above companies sion has indicated, when the applicant (b) The extent to which needs of the that it does not meet any of the criteria could not have specified the larger com­ specified station location are being met established by the Commission for de­ munity because of prohibited overlap by existing standard broadcast facilities; termining respondents to this proceed­ VWB, Inc., supra. Such is the case here as (c) The extent to which the appli­ ing. Therefore it is appropriate that to all three applicants. But the Suburban cant’s program proposal will meet the these companies be deleted as Community issue will not be added on specified unsatisfied needs of the spec­ respondents. the basis of engineering considerations ified station location; and The above request for deletion as a alone. The Commission has also con­ (d) The extent to which the projected respondent of Mississippi River Corp. cerned itself with the characteristics of sources of the applicant’s advertising also served to advise the Commission the communities involved. Thus, the rela­ revenues within the specified station lo­ that the name of Natural Gas ond Oil tive size of the specified community and cation are adequate to support its Corp. has been changed to River Corp. the larger city is relevant; it is manifest proposal. River Corp. is a wholly owned subsidiary that a significant population disparity (2) If it is concluded pursuant to the of Mississippi River Corp., and was in­ exists in the instant case, both as to foregoing issue (1) that the proposal of cluded as a respondent to this proceed­ Hazleton vis-a-vis West Hazleton and the applicant will not realistically pro­ ing under the name Natural Gas and Hazleton vis-a-vis Freeland. VWB, vide a local transmission service for its Oil Corp. The list of respondents should supra; Outer Banks, supra. In addition, specified community, whether such pro­ be amended to reflect this change in although the distance of the specified posal meets all of the technical provisions name. community from the larger town is not of the rules for standard broadcast sta­ The Commission orders: itself dispositive, Babcom, Inc., supra, tion assigned to Hazleton, Pa. (A) Mississippi River Corp., Consoli­ and it need not be established that a dated Natural Gas Co., Consolidated 8. It is further ordered, That the bur­ Natural Gas Service Co., and The Peo­ classic city-suburb relationship exists, dens of proceeding and proof under the substantial allegations that the specified ples Natural Gas Co. are hereby deleted issues added herein will be on the ap­ as respondents to the proceeding in community lacks an independent exis­ plicants for each of their respective proposals. Docket No. AR69-1. tence and depends upon the larger city (B) The respondent to this proceeding for its civic, social and economic life are Adopted: June 25,1969. designated Natural Gas and Oil Corp. is another factor to be considered. Outer Released: June 27,1969. hereby redesignated River Corp. Banks, supra. Such properly documented By the Commission. allegations have been made in the instant F ederal Communications * case. The dearth of industry in both West Co m m issio n , [seal] G ordon M. G rant, [seal] B en F. W aple, Secretary. Hazleton and Freeland raises a substan­ Secretary. tial question not only as to whether those [F.R. Doc. 69-7823; Piled, July 2, 1969; [F.R. Doc. 69-7872; Filed, July 2, 1969;- 8:45 a.m.] communities can support a radio station 8:49 a.m.J but also as to whether West Hazleton and Freeland are independent of Hazleton. 12 If any applicant fails to meet its burden CALIFORNIA The independence of the two communi­ under both of the issues added herein, its ap­ plication will be denied. If, however, an ap­ Order Vacating Power Withdrawal of ties is further called into question by the plicant fails to meet its burden under Is­ Land in Project No. 894 lack of essential civic services—e.g., sue (1), but does meet the burdens under schools in the case of Freeland—or shar­ Issue (2), it will then be decided whether J une 25, 1969. that applicant should be allowed to remain Application has been filed by the U.S. ing of such civic and social services, such in hearing status. See Sundial Broadcasting Forest Service for partial vacation of the as the joint sanitary service in the case Co., Inc., FCC 68-1082, 15 FCC 2d 58. power withdrawal under the Federal

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 NOTICES 11233

Power Act pertaining to the following 90) under column headed “Supp. No.” certificates, permitting and approving described land of the United States: change “11” to read “12.” abandonment of service, terminating cer­ tificates, terminating proceeding, sub­ M o u n t Diablo Meridian, California G ordon M . G rant, Secretary. stituting respondent, making successors T. 35 N., R. 7E ., co-respondents, redesignating proceed­ Sec. 10, lots 3,4; [FJt. Doc. 69-7825; Filed, July 2, 1969; ings, making rate change effective, ac­ Sec. 14, W%SW%; 8:45 a jn.] cepting agreements and undertaking for Sec. 15, NW^NE^, SV&NE14; filing, and accepting related rate sched­ Sec. 22, NEi/4NWy4, NW»/48E%, SE%SE%; Sec. 23, SE%NWi/4, NW%SEi,4; [Docket No. CP66-110] ules and supplements for filing, issued Sec. 24, W&NE%, SE^NW%, NWV4SE%; May 26, 1969, and published in the F ed­ Sec. 26, NWV4NW%, SE*4NW^4, NW}4SE}4. GREAT LAKES GAS TRANSMISSION eral R egister June 4,1969 (34 F.R. 8937), T. 36 N., R. 7 E„ CO. on page 5, paragraph (5) and page 10, Sec. 19, SE%SW%; paragraph (10): Change Docket No. “G- Sec. 29, lots 12,13; Notice of Petition To Amend 9575” to read Docket No. “G-9579.” Sec. 30, wy2NE»4, N^NWy4, N»/2SE}4, J une 26,1969. SEy4SE%; G ordon M. G rant, Sec. 31,NE%MEi4; Take notice that on June 20, 1969, Secretary. Sec. 32, lots 4, 5, 6,10,11,15,16. Great Lakes Gas Transmission Co. [F.R. Doc. 69-7827; Filed, July 2, 1969; (Approximately 1,414 acres.) (Applicant), 1 Woodward Avenue, 8:45 a.m.] Detroit, Mich. 48226, filed a petition to The application was filed to effectuate amend the certificate of public con­ a land exchange. venience and necessity, issued by the [Docket No. RP-69-36] The land lies along or near Horse order of the Commission on June 20, NATURAL GAS PIPELINE COMPANY Creek, a tributary of the Pit River, near 1967, to authorize certain changes in the community of Little Valley in Lassen the compressor facilities to be installed OF AMERICA County, Calif., and portions of the land by Applicant. Applicant proposes to re­ Order Providing for Hearing, Reject­ are within the Lassen National Forest. distribute the horsepower of compres­ ing Proposed Revised Tariff Sheets, The land is withdrawn pursuant to the sors among the stations with the total filing on May 8,1928, as supplemented on compression to be installed to remain and Accepting Proposed Alterna­ March 13, 1929, of an application for virtually the same as that presently au­ tive Revised Tariff Sheets preliminary permit for proposed Project thorized, and Applicant states that these J une 26, 1969. No. 894, for which the Commission gave proposals would result in operating econ­ On May 29, 1969, Natural Gas Pipe­ notices of land withdrawal to the Gen­ omies at the capacity of authorized line Company of America (Natural) ten­ eral Land Office (now Bureau of Land operations, all as more fully set forth dered for filing proposed changes in its Management) by letters dated May 11, in the application which is on file with FPC Gas Tariff, Second Revised Volume 1928, February 16, 1929, and April 1, the Commission and open to public No. 1, to become effective on July 1 ,1969.1 1929, respectively. No application for inspection. The proposed rate changes would- in­ license for the project was filed because Any person desiring to be heard or to crease charges for jurisdictional sales inadequacy of water supply rendered any make any protest with reference to said and services by $44,471,857 annually, power development uneconomic. The application should on or before July 23, based on sales for the 12-month period permit was canceled by Commission order 1969, file with the Federal Power ending February 28, 1969, as adjusted. of June 20, 1930 at the permittee’s Commission, Washington, D.C. 20426, Rates would be increased under all sales request. a petition to intervene or a protest rate schedules except Rate Schedules 1-1 The Commission finds: The withdrawal in accordance with the requirements and 1-2 (Rate Schedule 1-1 would be sub­ of the subject land pursuant to the ap­ of the Commission’s rules of prac­ ject to adjustment for changes in cost of plication for Project No. 894 serves no tice and procedure (18 CFR 1.8 or purchased gas). useful purpose and should be vacated. 1.10) and the regulations under the Natural’s filing consists of two alterna­ The Commission orders: The with­ Natural Gras Act (18 CFR 157.10). tive sets of revised tariff sheets, one of drawal of the subject land pursuant to All protests filed with the Commis­ which sets contains a proposed new par­ the application for Project No. 894 is sion will be considered by it in de­ agraph, to be included in the General hereby vacated in its entirety. termining the appropriate action to be Terms and Conditions of the Tariff, By the Commission. taken but will not serve to make the pro­ providing that Natural would be permit­ testants parties to the proceeding. Any ted, or required, to revise its rates peri­ [seal] G ordon M . G rant, person wishing to become a party to a odically to reflect increases or decreases Secretary. proceeding or to participate as a party in its cost of purchased gas.2 Natural re­ [PR. Doc. 69-7824; Filed, July 2, 1960; in any hearing therein must file petitions quests that, if the Commission finds that 8:45 a.m.] to intervene in accordance with the Commission’s rules. 1 The proposed revised tariff sheets (de­ [Docket No. RI69-353, etc.] G ordon M. G rant, scribed by Natural as “alternative” sheets) Secretary. hereinafter accepted for filing and suspended darcesa c o r p . a n d s k e ll y o il [F.R. Doc. 69-7826; Filed, July 2, 1969; are as follows: Eighth Revised Sheet No. 6 , CO. Ninth Revised Sheet No. 9, Second Revised 8:45 a.m.] Sheet No. 10-A, Eighth Revised Sheet No. 12, Order Providing for Hearings on and Ninth Revised Sheet No. 13, Second Revised [Docket No. G-3117 etc.] Sheet No. 14-A, Eighth Revised Sheet No. 15, Suspension of Proposed Changes Fourth Revised Sheet No. 17, Eighth Revised in Rates; Correction HUMBLE OIL & REFINING CO. ET AL. Sheet No. 18, Ninth Revised Sheet No. 19-A, Second Revised Sheet No. 19-AA, Eighth Re­ J une 20,1969. Findings and Order; Correction vised Sheet No. 19-B, Sixth Revised Sheet No. Darcesa Corp., Docket No. RI69-353, 19—C, Third Revised Sheet No. 19-D, First ®tc-! Skelly Oil Co., Docket No. RI69- J une 20, 1969. Revised Sheet No. 19-E, Original Sheet No. 362. Humble Oil & Refining Co. and other 19—F, First Revised Sheet No. 25-A, Fourth Bi the order providing for hearings Applicants listed herein, Docket No. G- Revised Sheet No. 25-D, Fourth Revised 3117 etc.; Midhurst Oil Corp. (successor Sheet No. 25-G, Second Revised Sheet No. ?n and suspension of proposed changes 25—L, Third Revised Sheet No. 25-0, and First 111 rates, issued December 27, 1968, and to Rycade Oil Corp.), Docket No. G-9579. Revised Sheet No. 38-B, Published in the F ederal R egister Jan­ In the findings and order after statu­ a The revised tariff sheets setting forth uary 7, 1969 (34 F.R. 224), in Appendix tory hearing issuing certificates of pub­ Natural’s proposed purchased gas adjustment A. page 4, Docket No. RI69-362, Skelly lic convenience and necessity, canceling provision are Original Sheets Nos. 38—0 Co.: (Opposite Rate Schedule No. docket numbers, amending orders issuing through 38-K.

FEDERAL REGISTER, V O L 34, NO. 127— THURSDAY, JULY 3, 1969 No. 127---- 8 11234 NOTICES the proposed purchased gas adjustment Gas Act that the Commission enter upon (F) Presiding Examiner Ernest O. provision is prohibited by § 154.38(d) (3) a hearing concerning the lawfulness of Eisenberg, or any other designated by the of the Commission’s regulations under the rates and charges contained in Nat­ Chief Examiner for that purpose (see the Natural Gas Act and does not waive ural’s FPC Gas Tariff, as proposed to be Delegation of Authority, 18 CFR 3.5(d)), the terms of that section for purposes of amended herein, and that the proposed shall preside at the hearing in this pro­ Natural’s filing, the Commission accept tariff sheets listed in footnote (1) above ceeding; shall prescribe relevant pro­ for filing the alternative set of revised be suspended, and the use thereof be cedural matters not herein provided, and tariff sheets, which does not contain a deferred as herein provided. shall control this proceeding in accord­ purchased gas adjustment provision. (2) It is necessary and proper in the ance with the policies expressed in § 2.59 Natural states that the principal rea­ public interest and to aid in the enforce­ of the Commission’s rules of practice and son for the proposed rate increases is an ment of the provisions of the Natural procedure. increase in revenue requirements not Gas Act that the disposition of this pro­ limited to any category of expense or ceeding be expedited in accordance with By the Commission. allowance, but reflecting a general in­ the procedures set forth below. [seal] G ordon M. G rant, crease in cost levels in the nation and in The Commission orders : Secretary. the natural gas industry. The proposed (A) Pursuant to the authority of the [F.R. Doc. 69-7828; Filed, July 2, 1969; rates include a claimed 8.5 percent rate Natural Gas Act, particularly sections 4 8:45 a.m.] of return. and 15 thereof, the Commission’s rules The reasonableness of including a of practice and procedure, and the reg­ purchased gas adjustment provision in ulations under the Natural Gas Act (18 {Docket No. CP69—109] Natural’s tariff has not been tested in CFR Ch. I), a public hearing be held any evidentiary proceeding. If accepted commencing on July 8, 1969, at 10 a.m., OHIO FUEL GAS CO. at this time, this provision would become e.d.s.t., in a hearing room of the Federal Notice of Petition To Amend operative after suspension. The pur­ Power Commission, 441 G Street NW., chased gas adjustment provision raises Washington, D.C. 20426, concerning the June 26, 1969. a number of substantive issues which lawfulness of the rates, charges, classi­ Take notice that on June 19, The Ohio should be fully explored and resolved fications, and services contained in Nat­ Fuel Gas Co. (Applicant), 99 North Front before the rates and charges to Natural’s ural’s FPC Gas Tariff, as proposed to be Street, Columbus, Ohio 43215, filed in customers are subjected to changes by amended herein. Docket No. CP69-109 a petition to amend application of this proposed adjustment (B) Pending such hearing and deci­ the certificate of public convenience and provision. Accordingly, we deem it inap­ sion thereon, Natural’s revised tariff necessity granted by the order of the propriate at this time to waive the pro­ sheets listed in footnote (1) above are Commission on March 17, 1969. Appli­ visions of § 154.38(d) (3) of the Commis­ hereby suspended and the use thereof is cant requests authority to sell minor sion’s regulations under the Natural Gas deferred until December 1,1969, and un­ additional quantities of natural gas to Act to permit the filing of Natural’s set til such further time as they are made three of its customers commencing of revised tariff sheets containing a pur­ effective in the manner prescribed by the November 1, 1969, as follows: chased gas adjustment provision. During Natural Gas Act. the pendency of this proceeding, and (C) Natural’s revised tariff sheets pro­ Authorized by prior to the determination of this issue, posing a purchased gas adjustment pro­ order of Proposed however, Natural will not be precluded vision are hereby rejected for filing. Mar. 17,1969 from requesting permission to track sup­ These proposed tariff sheets may be made plier rate increases which increase the Cincinnati Gas & Electric M cf Mcf a part of the record herein, to be con­ Co...... 100,000 ' 105,000 purchased gas costs filed for by Natural sidered, along with any modifications Columbia Gas of Ohio, Inc. 2,122; 200 2, 123,700 in this proceeding. thereof or alternative provisions sub­ Dayton Power & Light Co. 489,600 490,800 Review of the rate filing indicates that mitted by the parties or the Commission certain other issues are raised which also Staff, as a proposed purchased gas ad­ Applicant also petitions for an exten­ require development in evidentiary pro­ justment provision to be included in Nat­ sion of the date by which certain facili­ ceedings. The proposed increased rates ural’s tariff. ties are to be constructed and placed in and charges have not been shown to be (D) At the hearing on July 8, 1969, operation, all as more fully set forth in justified and may be unjust, unreason­ Natural’s prepared testimony (State­ the application, which is on file with the able, unduly discriminatory, or preferen­ ment P) filed and served on June 13,1969, Commission and open to public tial, or otherwise unlawful. together with its entire rate filing as inspection. We contemplate that some of the is­ submitted and served on May 29, 1969, Any person desiring to be heard or to sues involved in this proceeding may be be admitted to the record as Natural’s make any protest with reference to said susceptible of hearing and decision complete case-in-chief as provided by application should on or before July 23, within the 5 months suspension period § 154.63(e)(1) of the Commission’s reg­ 1969, file with the Federal Power Com­ or shortly thereafter. In order that the ulations under the Natural Gas Act, and mission, Washington, D.C. 20426, a peti­ collection and refunding of any possible Order No. 254, 28 FPC 495, subject to ap­ tion to intervene or a protest in accord­ excess charges may be avoided or lim­ propriate motions, if any, by parties to ance with the requirements of the ited, we are authorizing the Presiding the proceeding.- Commission’s rules of practice and pro­ Examiner to determine which issues, if (E) Following admission of Natural’s cedure (18 CFR 1.8 or 1.10) and the reg­ any, may be tried iri an initial phase of complete case-in-chief, the parties shall ulations under the Natural Gas Act (18 the hearing. present their views and the Presiding CFR 157.10). All protests filed with the Fourteen of Natural’s customers have filed petitions for leave to intervene in Examiner, in the exercise of his discre­ Commission will be considered by it in tion, shall determine which issues, if any, determining the appropriate action to be this proceeding. Petitions to intervene shall be heard in an initial phase hear­ have also been filed by the Administrator ing; fix dates for service of Staff’s and taken but will not serve to make the Pro­ of General Services, the city of Chicago, Interveners’ evidence on such issues testants parties to the proceeding. Any HI., and a group of municipalities pur­ person wishing to become a party to a chasing gas from Natural for resale. No­ and service of Natural’s rebuttal testi­ tices of intervention were filed by the mony; fix dates for witnesses to appear proceeding or to participate as a party Public Service Commission of Wisconsin, for adoption of their testimony and to in any hearing therein must file peti­ and the Iowa State Commerce Commis­ stand cross-examination thereon^ and tions to intervene in accordance with the sion. proceed with such hearing as expedi­ tiously as feasible. The Examiner shall Commission's rules. The Commission finds: thereafter fix dates for service of testi­ G ordon M. Grant, (1) It is necessary and proper in the mony and cross-examination on all Secretary. public interest and to aid in the enforce­ issues not being heard in the first phase ment of the provisions of the Natural [F.R. Doc, 69-7829; Filed, July 2, 1969: hearing. 8:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 NOTICES 11235

[Docket No. CP69-343] unnecessary for Applicant to appear or Continental Oil Co., Docket No. CI69- be represented at the hearing. 1099. OHIO FUEL GAS CO. AND UNITED In the notice of applications for cer­ FUEL GAS CO. G ordon M. G rant, tificates, abandonment of service and Secretary. petitions to amend certificates, issued Notice of Application [FJt. Doc. 69-7830; Filed, July 2, 1969; June 16, 1969, and published in the J une 26, 1969. 8:45 a.m.] F ederal R egister June 24, 1969 (34 F.R. 9764), on page 8, Column 3, Docket No. Take notice that on June 19, 1969, the CI69-1099: Change name of purchaser Ohio Fuel Gas Co. (Applicant), 99 North [Docket No. RI69-374, etc.] Front Street, Columbus, Ohio 43215 and to read “Tennessee Gas Pipeline Com­ United Fuel Gas Co. (Applicant), 1700 PAN AMERICAN PETROLEUM CORP. pany, a Division of Tenneco Inc.” in lieu AND SKELLY OIL CO. of “Natural Gas Pipeline Company of MacCorkle Avenue SE., Charleston, America.” W. Va. 25301 filed in Docket No. CP69- Order Providing for Hearings on and G ordon M. G rant, 343 a joint application pursuant to sec­ Secretary. tion 7(c) of the Natural Gas Act for a Suspension of Proposed Changes certificate of public convenience and in Rates; Correction [F.R. Doc. 69-7833; Filed, July 2, 1969; 8:46 a.m.] necessity authorizing the operation of J une 20,1969. certain existing facilities to transfer de­ Pan American Petroleum Corp., Docket liveries of natural gas, all as more fully Nos. RI69-374, etc.; Skelly Oil Co., Docket set forth in the application which is on No. RI69-389. * FEDERAL RESERVE SYSTEM file with the Commission and open to In the order providing for hearings on public inspection. and suspension of proposed changes in FEDERAL OPEN MARKET COMMITTEE Specifically, Applicants seek an order rates, issued December 30,1968, and pub- Current Economic Policy Directive of authorizing the transfer to the Ohio Fuel blished in the F ederal R egister Janu­ Gas Co., for the account of Gas Trans­ ary 9, 1969 (34 F.R. 329), in Appendix A, April 1, 1969 port, Inc., United Fuel Gas Co.’s current page 13, line 1, Docket No. RI69—389? In accordance with § 271.5 of its Rules deliveries of natural gas to Gas Trans­ Skelly Oil Co.: (Opposite Rate Schedule Regarding Availability of Information, port, Inc. The proposed transfer will be No. 131) under column headed “Supp. there is set forth below the Committee’s effectuated through the utilization of ex­ No.” change ”6” to read “8”. isting facilities and no new construction Current Economic Policy Directive issued will be necessary. Applicants state that G ordon M. G rant, at its meeting held on April 1,1969.1 this arrangement will permit them to Secretary. The information reviewed at this meeting fully utilize their available gas supplies. [F.R. Doc. 69-7832; Filed, July 2, 1969; suggests that, while expansion in real ec­ 8:46 a.m.] onomic activity has moderated somewhat Any person desiring to be heard or to further, current and prospective activity now make any protest with reference to said appears stronger than earlier projections application should on or before July 23, [Docket No. RI69-227 etc.] - had indicated. Substantial upward pressures 1969, file with the Federal Power Com­ on prices and costs are persisting. Most long­ mission, Washington, D.C. 20426, a peti­ PAN AMERICAN PETROLEUM CORP. term interest rates have risen further on tion to intervene or a protest in accord­ ET AL. balance in recent weeks, but movements in ance with the requirements of the Com­ short-term rates have been mixed. In the Order Providing for Hearings on and first quarter of the year bank credit changed mission’s rules of practice and procedure little on average, as investments contracted (18 CFR 1.8 or 1.10) and the regulations Suspension of Proposed Changes while loans expanded further. In March the under the Natural Gas Act (18 CFR in Rates; Correction outstanding volume of large-denomination 157.10). All protests filed with the Com­ CD’s continued to decline sharply; inflows J une 20, 1969. mission will be considered by it in deter­ of other time and savings deposits were mining the appropriate action to be Pan American Petroleum Corp., Docket moderate; and growth in the money supply taken but will not serve to make the No. RI69-227 etc.; Champlin Petroleum remained at a sharply reduced rate. It ap­ Co. (Operator) et al., Docket No. RI69- pears that a sizable deficit reemerged in the Protestants parties to the proceeding. U3. balance of payments on the liquidity Any person wishing to become a party to 230. basis in the first quarter but that the balance a proceeding or to participate as a party In the order providing for hearings on the official settlements basis remained in in any hearing therein must file a peti­ on and suspension of proposed changes surplus as a result of further large inflows tion to intervene in accordance with the in rates, issued November 21, 1968, and of Eurodollars. In this situation, it is the Commission’s rules. published in the F ederal R egister De­ policy of the Federal Open Market Committee Take further notice that, pursuant to cember 4, 1968 (33 F.R. 18053), in Ap­ to foster financial conditions conducive to pendix A, page 2, Docket No. RI69—230, the reduction of inflationary pressures, with the authority contained in and subject to Champlin Petroleum Co. (Operator) et a view to encouraging a more sustainable the jurisdiction conferred upon the Fed­ rate of economic growth and attaining rea­ eral Power Commission by sections 7 and al., under column headed “Purchaser and sonable equilibrium in the country’s balance 15 of the Natural Gas Act and the Com­ Producing Area” change “Lone Star Gas of payments. Company” to read “Cities Service Gas mission's rules of practice and procedure, To implement this policy, System open Company.” market operations until the next meeting a hearing will be held without further G ordon M . G rant, of the Committee shall be conducted with a notice before the Commission on this ap­ Secretary. view to maintaining firm conditions in money plication if no petition to intervene is [F.R. Doc. 69-7831; Filed, July 2, 1969; and short-term credit markets, taking ac­ filed within the time required herein, 8:45 a.m.] count of the effects of other possible mone­ tary policy action; provided, however, that if the Commission on its own review of operations shall be modified if bank credit the matter finds that a grant of the [Docket No. G-4820 etc.] appears to be deviating significantly from certificate is required by the public con­ current projections. TEXACO, INC., ET AL. venience and necessity. If a petition for Dated at Washington, D.C., the 26th leave to intervene is timely filed, or if Notice of Applications for Certificates, day of June 1969. the Commission on its own motion be­ Abandonment of Service and Peti­ lieves that a formal hearing is required, tions To AmehcL Certificates; Cor­ 1 The Record of Policy Actions of the Com­ further notice of such hearing will be rection mittee for the meeting of April 1,1969, is filed J une 20, 1969. as part of the original document. Copies are duly given. available on request to the Board of Gov­ Under the procedure herein provided Texaco, Inc,, and other Applicants ernors of the Federal Reserve System, Wash­ for> unless otherwise advised, it will be listed herein, Docket No. G-4820 etc.; ington, D.C.20551.

FEDERAL REGISTER, V O L 34, NO. 127— THURSDAY, JULY 3, 1969 11236 NOTICES

By order of the Federal Open Market Adams of more than the 18.72 percent of Committee. SECURITIES AND EXCHANGE the outstanding stock of Petroleum it Arthur L. B roida, presently holds. Deputy Secretary. COMMISSION Section 12(d)(1) of the Act, among .[F.R. Doc. 69-7842; Filed, July 2, 1969; other things, makes it unlawful for any 8:46 a.m.] [File No. 812-2532] registered investment company and any ADAMS EXPRESS CO. company controlled by it to purchase or otherwise acquire any security issued by FIRST AT ORLANDO CORP. Notice of Application for Order Ex­ any other investment company if such Notice of Application for Approval of empting Acquisition of Securities registered investment company and any of an Investment Company company controlled by it own in the ag­ Acquisition of Shares of Bank gregate, or as a result of such purchase Notice is hereby given that application J une 27, 1969. will own, more than 5 percent of the total has been made to the Board of Gover­ Notice is hereby given that The Adams outstanding stock of such other invest­ nors of the Federal Reserve System pur­ Express Co. (“Adams”), a closed-end, ment company if the policy of such other suant to section 3(a) of the Bank Hold­ diversified investment company regis­ investment company is the concentra­ ing Company Act of 1956 (12 U.S.C. 1842 tered under the Investment Company tion of investments in a particular in­ (a)), by First at Orlando Corp., which Act of 1940 (“Act”) has filed an appli­ dustry or group of industries. is a bank holding company located in cation pursuant to section 6(c) of the Adams has agreed that it will take im­ Orlando, Fla., for the prior approval of Act for an order exempting from the pro­ mediate steps to divest itself of such of the Board of the acquisition by Appli­ visions of section 12(d) (1) of the Act its shares of Petroleum as may be in cant of at least 80 percent of the voting the proposed acquisition by Adams of excess of 18.72 percent of the total num­ shares of The Citizens State Bank, St. shares of common stock of Petroleum ber of shares of capital stock of Petro­ Cloud, Fla. Corporation of America (“Petroleum”), leum issued and outstanding after com­ Section 3(c) of the Act provides that a registered, closed-end, nondiversified pletion of the offering of additional the Board shall not approve (1) any ac­ investment company, in connection with shares of Petroleum. quisition or merger or consolidation the proposed offering by Petroleum to Section 6(c) of the Act provides, among under this section which would result in its stockholders of rights to subscribe foi other things, that the Commission, by or­ a monopoly, of which would be in fur­ additional shares of common stock der upon application, may conditionally therance of any combination or conspir­ which is referred to below. or unconditionally exempt any person acy to monopolize or to attempt to The investment policy of Petroleum is from any provision or provisions of the monopolize the business of banking in stated to be the concentration of invest­ Act or of any rule or regulation there­ any part of the United States, or (2) any ments in common stocks and other secu­ under, if and to the extent that such other proposed acquisition or merger or rities of corporations engaged in the oil exemption is necessary or appropriate in consolidation under this section whose industry or related industries or in in­ the public interest and consistent with effect in any section of the country terests in undeveloped or producing oil the protection of investors and the pur­ may be substantiaUy to lessen competi­ properties. Adams presently owns 18.72 poses fairly intended by the policy and tion, or to tend to create a monopoly, percent (528,234 shares) of the common provisions of the Act. stock of Petroleum. On May 5, 1969, Pe­ Notice is further given that any in­ or which in any other mariner would be terested person may, not later than in restraint of trade, unless it finds that troleum informed its stockholders that it proposes to offer them transferrable July 14, 1969, at 5:30 p.m., submit to the the anticompetitive effects of the pro­ Commission in writing a request for a posed transaction are clearly outweighed rights, represented by warrants, to sub­ scribe for 564,404 additional shares of its hearing on the matter accompanied by a in the public interest by the probable statement as to the nature of his inter­ effect of the transaction in meeting the common stock on the basis of one addi­ tional share for each five shares held. In est, the reason for such request and the convenience and needs of the community issues, if any, of fact or law proposed to to be served. addition, each holder of a warrant is en­ titled to the privilege of subscribing for be controverted, or he may request that Section 3(c) further provides that, he be notified if the Commission shall in every case, the Board shall take into additional shares of the Petroleum stock, order a hearing thereon. Any such com­ consideration the financial and manage­ subject to allotment, out of any shares not subscribed for pursuant to the exer­ munication should be addressed: Sec­ rial resources and future prospects of the cise of the primary subscription rights. retary, Securities and Exchange Com­ company or companies and the banks mission, Washington, D.C. 20549. A copy concerned, and the convenience and Such stock offering by Petroleum will not of such request shall be served personally needs of the community to be served. be underwritten and is expected to ex­ pire about 21 days after the commence­ or by mail (airmail if the persons being Not later than thirty (30) days after ment of its offering. served are located more than 500 miles the publication of this notice in the F ed­ from the point of mailing) upon the eral R egister, comments and views re­ Adams desires and intends, subject to Adams at the address stated above. Proof garding the proposed acquisition may be the granting of the instant application of such service by affidavit (or in case of filed with the Board. Communications by the Commission, to exercise its rights an attorney at law by certificate) shall should be addressed to the Secretary, as a stockholder to purchase shares of be filed contemporaneously with the re­ Board of Governors /of the Federal Re­ Petroleum and to exercise subscription quest. At any time after said date, as rights under any additional subscription serve System, Washington, D.C. 20551. provided by Rule 0-5 of the rules and reg­ privileges which may be available. ulations-promulgated under the Act, an The application may be inspected at the If all stockholders of Petroleum, in­ order disposing of the application herein office of the Board of Governors or the cluding Adams, exercise their full rights may be issued upon the basis of the in­ Federal Reserve Bank of Atlanta. pursuant to such stock offering the per­ formation stated in said application, un­ centage of total outstanding stock of Dated at Washington, D.C., this 24th less an order for hearing upon said appli­ Petroleum owned by applicant will re­ cation shall be issued upon request or day of June 1969. main the same (18.72 percent). If sub­ upon the Commission’s own motion. Per­ By order of the Board of Governors. scription rights of others are not exer­ sons who request a hearing, or advice as cised, however, the additional stock of to whether a hearing is ordered, will re­ [seal] R obert P. F orrestal, Petroleum to be acquired by applicant, ceive notice of further developments in Assistant Secretary. pursuant to its rights and additional sub­ the matter, including the date of the [F.R. Doc. 60-7841; Filed, July 2, 1969; scription privileges which may be avail­ hearing (if ordered) and any postpone­ 8:46 a.m.] able, could result in the ownership by ments thereof.

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 NOTICES 11237

For the Commission (pursuant to dele­ its territory is entirely surrounded by the miscellaneous expenses (local counsel gated authority). operating territory of Appalachian Power fees, title searches, audits, and the like) Co. (“Appalachian”) , a subsidiary com­ estimated at not to exceed $5,000 to be [seal] Orval L. D uB ois, pany of AEP. Af ter consummation of the incurred by AEP. It is further stated Secretary. proposed transactions, Sewell Valley will that no State commission and no Federal [F.R. Doc. 60-7848; Filed, July 2, 1969; purchase its power requirements from commission, other than this Commission, 8:47 a.m.] Appalachian at a substantial reduction in has jurisdiction over the proposed cost. To establish an interconnection, transactions. [70-4766] Appalachian will construct approxi­ Notice is further given that any inter­ mately 3 miles of 34.5 kv. transmission ested person may, not later than July 21, AMERICAN ELECTRIC POWER CO., line and associated facilities at a cost of 1969, request in writing that a hearing INC. approximately $60,000. be held on such matter, stating the na­ Sewell Valley for the year 1968 had ture of his interest, the reasons for such Notice of Filing Regarding Proposed operating revenues of $169,480.38, of request, and the issues of fact or law Acquisition by Registered Holding which $168,683.88 were derived from sales raised by said application-declaration, as Company of Common Stock of of electric energy. Total operating income amended, which he desires to controvert; Public Utility Company and Issu- for the year 1968 was $2,927.86 and total or he may request that he be notified if net income for the same period was $4,- the Commission should order a hearing , ance by Registered Holding Com­ thereon. Any such request should be ad­ pany of Shares of Its Common 623.09, the difference constituting in­ terest and dividend income earned by the dressed; Secretary, Securities and Ex­ Stock To Be Used in Payment for company on temporary cash investments. change Commission, Washington, D.C. Such Acquisition It is proposed that Sewell Valley will, on 20549. A copy of such request should be or before the closing date, pay a special served personally or by mail (airmail if J une 27, 1969. the person being served is located more Notice is hereby given that American dividend to its parent, Meadow River, in an amount equal to the excess cash and than 500 miles from the point of mailing) Electric Power Co., Inc. (“AEP”) , 2 temporary cash investments remaining upon the applicant-declarant at the Broadway, New York, N.Y. 10004, a after the redemption of the company’s above-stated address, and proof of serv­ registered holding company, has filed an ice (by affidavit or, in case of an attorney application-declaration and amendments preferred stock, such dividend not to exceed $110,000. As of December 31,1968, at law, by certificate) should be filed with thereto with this Commission pursuant the request. At any time after "said date, to the Public Utility Holding Company Sewell Valley’s balance sheet showed utility plant of $137,913.28, depreciation the application-declaration, as amended Act of 1935 (“Act”) designating sections or as it may be further amended, may be 6, 7, 9, and 10 of the Act and Rule 100 reserves of $64,061.87 and net utility plant of $73,851.41. granted and permitted to become effec­ promulgated thereunder as applicable tive as provided in Rule 23 of the general to the proposed transactions. All inter­ AEP proposes, upon consummation of rules and regulations promulgated un­ ested persons are referred to the applica­ the acquisition, to cause Sewell Valley to der the Act, or the Commission may tion-declaration, which is summarized file with the West Virginia Public Serv­ grant exemption from such rules as pro­ below, for a complete statement of the ice Commission rate schedules at a level vided in Rules 20(a) and 100 thereof or proposed transactions. and with terms and conditions similar to take such other action as it may deem AEP proposes to acquire all of the out­ those presently applicable in the State of appropriate. Persons who request a hear­ standing securities of Sewell Valley Utili­ West Virginia to the customers of Appa­ ing or advice as to whether a hearing is ties Co. (“Sewell Valley”), an electric lachian. The new rates are expected to ordered will receive notice of further de­ utility company incorporated under the result in reductions of 6V2 percent for velopments in this matter, including the laws of West Virginia and distributing residential customers and 5 percent for date of the hearing (if ordered) and any electric energy wholly within that State, commercial and industrial customers. postponements thereof. in exchange for 11,000 shares of AEP’s Economies of operation under the direc­ common stock, par value $6.50 per share. tion of AEP, particularly the new power For the Commission (pursuant to dele­ Sewell Valley is a subsidiary company purchasing contract with Appalachian, gated authority). of The Meadow River Lumber Co. are expected to increase net income of [seal] Orval L. D uB ois, (“Meadow River”) , a West Virginia cor­ Sewell Valley to approximately $25,000 Secretary. poration, which owns all of the out­ per year. On this basis, and taking the market value of the AEP common stock [F.R. Doc. 69-7849; Filed, July 2, 1969; standing 500 shares of Sewell Valley com­ 8:47 a.m.] mon stock, no par value, and all of its as of June 20, 1969 ($33 per share), the outstanding shares of 6 percent cumula­ consideration to be given ($363,000), for tive preferred stock. The preferred stock the Sewell Valley common stock is ap­ [812-2495] will be redeemed by Sewell Valley on or proximately 14.5 times such estimated about June 30, 1969, so that at the time earnings. TRAVELERS INSURANCE CO. AND of the proposed acquisition of the com­ AEP proposes that the issuance of its TRAVELERS FUND FOR VARIABLE mon stock by AEP it will constitute all of common stock and its acquisition of the ANNUITIES the outstanding stock of Sewell Valley. common stock of Sewell Valley will be Sewell Valley operates an electric dis­ reported on its books by recording the Notice of Application for Exemption tribution system in and around the town acquired shares of Sewell Valley at a cost J une 27,1969. of East Rainelle, W; Va. At December 31, equal to the average of the opening and Notice is hereby given that The Travel­ 1968, it served some 780 residential cus­ closing price of AEP common stock on ers Insurance Co. (“The Travelers”), and tomers, 184 commercial and industrial the New York Stock Exchange on the The Travelers Fund for Variable An­ customers and two public street and closing date and by recording the 11,000 nuities (“Fund”) , 1 Tower Square, Hart­ highway lighting accounts. The facili­ shares of AEP common stock to be issued ford, Conn, (hereinafter collectively ties owned by Sewell Valley include ap­ in exchange therefor, to the extent of “Applicants”), have filed an application proximately 24 pole-miles of distribution $6.50 per share, as additional par value pursuant to section 6(c) of the Invest­ ime, some 115 transformers and various of common stock and the balance as ment Company Act of 1940, 15 U.S.C. associated items of other property. The capital surplus-premium on common section 80ar-l et seq. (“Act”) , for an or­ Sewell Valley electric system is an iso­ stock. der exempting Applicants from the pro­ lated distribution system, not inter­ It is stated that no finders, legal or visions of section 22(d) of the Act. The connected with any other utility and other fees, commissions or expenses are Travelers established the Fund as the wholly dependent for its supply of elec- expected to be paid or incurred by AEP facility through which The Travelers will tnc energy on the generators owned by or any associate company in connection set aside and invest assets attributable to its parent, Meadow River, which are with the proposed exchange by AEP of variable annuity contracts which qualify operated in conjunction with that com­ its common stock for the outstanding for federal tax benefits under section 401 pany’s lumbering operations. However, securities of Sewell Valley, except for or 403(b) of the Internal Revenue Code

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11238 NOTICES

of 1954, as amended (“Code”) . The Fund person from any provision or provisions DEPARTMENT OF JUSTICE is on open-end diversified management of the Act or of any rule or regulation investment company registered under the thereunder, if and to the extent that Notice of Title Change in Noncareer Act. All interested persons are referred such exemption is necessary or appro­ Executive Assignment to the application on file with the Com­ priate in the public interest and con­ mission for a statement of the represen­ sistent with the protection of investors By notice of November 17, 1967, F.R. tations contained therein which are sum­ and the purposes fairly intended by the Doc. 67-13608, the Civil Service Commis­ marized below. policy and provisions of the Act. sion authorized the departments and Section 22(d) provides, in pertinent Notice is further given that any in­ agencies to fill by noncareer executive part, that no registered investment com­ terested person may, not later than assignment, certain positions removed pany shall sell any redeemable security July 17, 1969 at 5:30 p.m., submit to the from Schedule C of Civil Service Rule VI issued by it to any person except at a Commission in writing a request for a by 5 CFR 213.3301a on November 17, current offering price described in the 1967. This is notice that the title of one hearing on the matter accompanied by a such position so authorized to be filled prospectus. This section has been con­ statement as to the nature of his in­ strued as prohibiting variations in the terest, the reason for such request and by noncareer executive assignment has sales load except on a uniform basis. the issues of fact or law proposed to be been changed from “First Assistant to In connection with the sale of the controverted, or he may request that the Assistant Attorney General” to “Dep­ variable annuity contracts, charges from he be notified if the Commission shall uty Assistant Attorney General, Land payments thereunder will be made to order a hearing thereon. Any such com­ and Natural Resources Division”. cover sales and administrative expenses munication should be addressed: Secre­ U nited S tates Civil Serv­ and minimum death benefits. The nor­ tary, Securities and Exchange Commis­ ice Com m ission, mal rate of such charges will be scaled sion, Washington, D.C. 20549. A copy of [seal] J ames C. S pry, from 8.75 percent to 1 percent, based upon such request shall be served personally Executive Assistant to the aggregate payments made under the or by mail (airmail if the person being the Commissioners. contract. served is located more than 500 miles [F.R. Doc. 69-7868; Filed, July 2, 1969; Applicants propose to provide reduced from the point of mailing) upon Appli­ 8:48 a.m.] charges in cases where a variable annuity cants at the address stated above. Proof contract is purchased by application of of such service (by affidavit or in case of amounts payable by The Travelers as a an attorney at law by certificate) shall ASSOCIATE DIRECTOR FOR PRO­ lump sum cash distribution under an in­ be filed contemporaneously with the re­ GRAM DIRECTION, COMMUNITY surance contract issued by The Travelers quest. At any time after said date, as (e.g., the death benefit under a life policy, RELATIONS SERVICE, DEPARTMENT provided by Rule 0-5 of the rules and reg­ OF JUSTICE the maturity value of an endowment type ulations promulgated under the Act, an contract and lump sum cash options order disposing of the application herein Manpower Shortage; Notice of Listing available to beneficiaries) which distri­ may be issued by the Commission upon bution the contract owner or beneficiary the basis of the information stated in Under provision of 5 U.S.C. 5723, the elects to apply to a stipulated payment said application, unless an order for Civil Service Commission found on June under a variable annuity contract, sub­ hearing upon said application shall be 16,1969, that there is a manpower short­ ject to the limitations of the Code on issued upon request or upon the Commis­ age for the single position of Associate the amounts which may be so applied. sion’s own motion. Persons who request Director for Program Direction, Commu­ Such reduced charges are also proposed a hearing, or advice as to whether a nity Relations Service, Department of in cases where variable annuity contracts hearing is ordered, will receive notice of Justice, Washington, D.C. are purchased by the application of pay­ further developments in this matter, in­ Assuming other legal requirements are ments derived from the surrender or con­ cluding the date of the hearing (if or­ met the appointee to this position may version of contracts with The Travelers dered) and any postponements thereof. be paid for the expenses of travel and held by the contract owner or beneficiary transportation to first post of duty. under a retirement program qualified For the Commission (pursuant to dele­ gated authority). U nited S tates Civil Serv­ under sections 401, 403(a), 403(b), or ice Com m ission, other provisions of the Code allowing [seal] O rval L D uB o is, [seal] J ames C. S pry, similar tax treatment. The reduced Secretary. Executive Assistant to charges will be scaled from 3 percent to 1 [F.R. Doc. 69-7850; Filed, July 2, 1969; the Commissioners. percent, based upon the aggregate pay­ 8:47 a.m.] [F.R. Doc. 69-7869; Filed, July 2, 1969; ments made under the contract. 8:48 a.m.] Applicants assert that from the point of view of equitable treatment of con­ tract owners, no unfair discrimination CIVIL SERVICE COMMISSION would exist under the proposed, reduced SMALL BUSINESS sales charges. In all cases a sales charge DEPARTMENT OF DEFENSE on the premiums under the Travelers in­ Notice of Grant of Authority To Make ADMINISTRATION surance contracts will have been paid. Noncareer Executive Assignment The purpose of the reduced sales charge BRITTANY CAPITAL CORP. is to avoid cumulating sales charges. The * Under authority of § 9.20 of Civil Serv­ reduced sales charges would allow Ap­ ice Rule IX (5 CFR 9.20), the Civil Notice of Application for a License as plicants to take into account the antic­ Service Commission authorizes the De­ Small Business Investment Company ipated lower sales expenses in offering partment of Defense to fill by noncareer Notice is hereby given concerning the the variable annuity contracts to certain executive assignment in the excepted filing of an application with the Small investors. service the position of Deputy Assistant Business Administration (SBA) pursuant Applicants also assert that such re­ Secretary of Defense (Near East and to § 107.102 of the regulations Govern­ duced charges are in the interest of in­ South Asian Affairs); Office of Assistant ing Small Business Investment Com­ vestors and the public; that no unfair Secretary for International Security panies (13 CFR Part 107, 33 F.R. 326) discrimination between contract owners Affairs. under the name of Brittany Capital participating in the Fund would result U nited S tates Civil S erv­ Corp., 1600 Republic Bank Building, therefrom; and that the reduction would ice Com m ission, Dallas, Tex. 75201, for a license to oper­ be consistent with the policies of the Act. [seal] J ames C. S pry, ate in the State of Texas as a small busi­ Section 6(c) of the Act provides, among Executive Assistant to ness investment company under the pro­ other things, that the Commission, by the Commissioners. visions of the Small Business Investment order upon application, may condi­ [F.R. Doc. 69-7867; Filed, July 2, 1969; Act of 1958, as amended. (15 U.S.C. 661 tionally or unconditionally exempt any 8:48 a.m.] et seq.)

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 NOTICES 11239 Whereas, after reading and evaluating The proposed Officers and Directors Interested persons were given 10 days to submit written comments to SBA. No reports of such conditions, I find that are as follows: unfavorable comments were received. the conditions in such area constitute a M H. Earp, 10618 Creekmere Circle, Dallas, SBA, having considered the applica­ catastrophe within the purview of the Tex. 75218. President and director. tion and all other pertinent information Small Business Act, as amended. Sam E. Rowland, 404 Tyler, Richardson, Tex. Now, therefore, as Administrator of the Executive vice president. with regard thereto, hereby approves the Claude T. Fuqua, Jr., 3525 Turtle Creek, Dal­ application for transfer of control and Small Business Administration, I hereby las, Tex. 75219. Secretary. reorganization: determine that: William H. Walton, 3031-D Mahanna, Dallas, 1. Applications for disaster loans un­ Tex. 75235. Director. For SBA (pursuant to delegated au­ der the provisions of section 7(b) (1) of William H. Larkin, 100 Floyd Street, Waxa- thority) . the Small Business Act, as amended, may hachie, Tex. Director. Dated: June 24,1969. be received and considered by the office Thomas J. Waggoner III, 2019 Avondale, below indicated from persons or firms Wichita Falls, Tex. Shareholder In excess of J ames T . P helan, whose property, situated in the aforesaid 10 percent. Acting Associate county and areas adjacent thereto, suf­ Matters involved in SBA’s considera­ Administrator for Investment. fered damage or destruction resulting tion of the application include the gen­ [F.R. Doc. 69-7852; Filed, July 2, 1969; from floods occurring on June 23, 1969. eral business reputation and character 8:47 a.m.] of the management, and the probability O f f i c e of successful operations of the new com­ [Declaration of Disaster Loan Area 716] Small Business Administration Regional Of­ pany under their management, including fice, Fayette and Salina Streets, Syracuse, adequate profitability and financial KANSAS N.Y. 13202. soundness, in accordance with the Act Declaration of Disaster Loan Area 2. Applications for disaster loans un­ and regulations. Generally, the company der the authority of this Declaration will will confine its activities to serving those Whereas, it has been reported that not be accepted subsequent to Decem­ communities nearest its base of opera­ during the month of June 1969 because ber 31,1969. tions but not to the exclusion of any other of the effects of certain disasters, dam­ area in the State of Texas. The company age resulted to residences and business Dated: June 25, 1969. will, however, entertain applications property located in Saline County, Kans.; H ilary S andoval, Jr., from any potential borrower. Whereas, the Small Business Adminis­ Administrator. Notice is further given that any inter­ tration has investigated and has re­ [F.R. Doc. 69-7854; Filed, July 2, 1969; ested person may not later than July 11, ceived other reports of investigations of 8:47 a.m.] 1969, at 5 p.m., e.d.s.t., submit to SBA in conditions in the area affected; writing, relevant comments on the pro­ Whereas, after reading and evaluat­ [Declaration of Disaster Loan Area 713] posed company. Any communication ing reports of such conditions, I find should be addressed to Associate Admin­ that the conditions in such area consti­ TENNESSEE istrator for Investment, Small Business tute a catastrophe within the purview Administration, 1441 L Street NW., of the Small Business Act, as amended. Declaration of Disaster Loan Area Washington, D.C. 20416. Now, therefore, as Administrator of Whereas, it has been reported that A copy of this notice shall be published the Small Business Administration, I during the month of June 1969 because in a newspaper of general circulation in hereby determine that: of the effects of certain disasters, damage Dallas, Tex. 1. Applications for disaster loans un­ resulted to residences and business For SBA (pursuant to delegated der the provisions of section 7(b) (1) of property located in Macon County, authority). the Small Business Act, as amended, Tenn.; may be received and considered by the Whereas, the Small Business Admin­ Dated: June 24, 1969. office below indicated from persons or istration has investigated and has re­ firms whose property, situated in the ceived other reports of investigations of J ames T. P helan, aforesaid county and areas adjacent conditions in the area affected; Acting Associate thereto, suffered damage or destniction Whereas, after reading and evaluat­ Administrator for Investment. resulting from tornado occurring on ing reports of such conditions, I find that [F.R. Doc. 69-7851; Filed, July 2, 1969; June 21,1969. the conditions in such area constitute a 8:47 a.m.] , O f f i c e catastrophe within the purview of the Small Business Administration Regional Small Business Act, as amended. Office, 120 South Market Street, Wichita, Now, therefore, as Administrator of DELTA CAPITAL CORP. Kans. 67202. the Small Business Administration, I Notice of Approval for Transfer of 2. Applications for disaster loans hereby determine that: Control of Licensed Small Business under the authority of this Declaration 1. Applications for disaster loans un­ will not be accepted subsequent to der the provisions of section 7(b) G) of Investment Company December 31,1969. the Small Business Act, as amended, may be received and considered by the office On May 20, 1969, a notice of applica­ Dated: June 25,1969. tion for transfer of control and reor­ below indicated from persons or firms ganization was published in the F ederal H ilary S andoval, Jr., whose property, situated in the aforesaid R egister (34 F.R. 8216) stating that an Administrator. county and areas adjacent thereto, suf­ application had been filed with the [FJR. Doc. 69-7853; Filed, July 2, 1969; fered damage or destruction resulting Small Business Administration (SBA) 8:47 a.m.] from floods occurring on June 23, 1969. Pursuant to §§ 107.701 and 107.903 of the O f f i c e regulations governing Small Business [Declaration of Disaster Loan Area 715] Small Business Administration Regional Of­ S stment Companies (33 F.R. 326, 13 fice, 500 Union Street, Nashville, Tenn. t'FR, Part 107) for the transfer of con­ NEW YORK 37219. trol and reorganization of Delta Capital t'Orp., 550 Pontchartrain Drive, Slidell, Declaration of Disaster Loan Area 2. Applications for disaster loans un­ q - "0458, a Federal Licensee under the Whereas, it has been reported that der the authority of this Declaration will omall Business Investment Act of 1958, during the month of June 1969 because not be accepted subsequent to Decem­ ™o*mended (Act ) . License No. 10/10- of the effects of certain disasters, damage ber 31, 1969. UU86. A.V.C. Oorp. (A.V.C.), 1200 North resulted to residences and business prop­ Dated: June 25, 1969. ^arolina National Bank Building, 200 erty located in Cortland County, N.Y.; H ilary S andoval, Jr., X ? Tryon street> Charlotte, N.C. Whereas, the Small Business Adminis­ Administrator. 8-502, will purchase the majority of tration has investigated and has received assets, including its name and other reports of investigations of condi­ [F.R. Doc. 69-7855; Filed, July 2, 1969; tions in the area affected; 8:47 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11240 NOTICES

issue of May 3, 1966. This assignment Norfolk, Va. N ote; If a hearing is INTERSTATE COMMERCE will be by Commission order which will -deemed necessary, applicant requests it be served on each party of record. be held at Washington, D.C. COMMISSION The publications hereinafter set forth No. MC 2202 (Sub-No. 367) (Amend­ [Notice 1309] reflect the scope of the applications as ment), filed March 4, 1969, published filed by applicants, and may include F ederal R egister issue of March 27,1969 MOTOR CARRIER, BROKER, WATER descriptions, restrictions, or limitations amended June 17, 1969, and republished CARRIER, AND FREIGHT FOR­ which are not in a form acceptable to as amended this issue. Applicant: ROAD­ WARDER APPLICATIONS the Commission. Authority which ulti­ WAY EXPRESS, INC., 1077 Gorge Bou­ mately may be granted as a result of the levard, Post Office Box 471, Akron, Ohio J une 27, 1969. applications here noticed will not neces­ 44309. Applicant’s representatives: Wil­ The following applications are gov­ sarily reflect the phraseology set forth liam O. Turney, 2001 Massachusetts erned by Special Rule 1.2471 of the in the application as filed, but also will Avenue NW., Washington, D.C. 20036, Commission’s general rules of practice eliminate any restrictions which are not and Douglas Faris, Post Office Box 471, (49 CFR, as amended), published in the acceptable to the Commission. Akron, Ohio 44309. Authority sought to F ederal R egister issue of April 20, 1966, No. MC 1375 (Sub-No. 17), filed June operate as a common carrier, by motor effective May 20, 1966. These rules pro­ 6, 1969, Applicant: BELL LINES, INC., vehicle, over regular routes, transport­ vide, among other things, that a protest 6414 McCorke Avenue SE„ Charleston, ing: General commodities (except those to the granting of an application must be W. Va. 25304. Applicant’^representative: of unusual value, classes A and B ex­ filed with the Commission within 30 days Francis W. Mclnemy, 1000 16th Street plosives, livestock, household goods as after date of notice of filing of the appli­ NW., Washington, D.C. 20036. Authority defined by the Commission, commodities cation is published in the F ederal R eg­ sought to operate as a common carrier, in bulk, and those requiring special ister. Failure seasonably to file a protest by motor vehicle, over regular routes, equipment), (1) between Cincinnati, will be construed as a waiver of opposi­ transporting: General commodities (ex­ Ohio, and Fort Wayne, Ind., over U.S. tion and participation in the proceeding. cept those of unusual value and except Highway 27 as an alternate route serv­ A protest under these rules should com­ dangerous explosives, livestock, com­ ing no intermediate points; (2) between ply with § 1.247(d) (3) of the rules of modities in bulk, and those requiring Fort Wayne and La Grange, Ind., from practice which requires that it set forth special equipment), between Knoxville, 'Fort Wayne over Indiana Highway 3 to specifically the grounds upon which it is Tenn., and Bluefield, Va.-W. Va.; (1) junction U.S. Highway 6 near Kendall- made, contain a detailed statement of from Knoxville over U.S. Highway ville, Ind., thence over U.S. Highway 6 to Protestant’s interest in the proceeding HE to Bristol (also over U.S. High­ junction Indiana Highway 9, thence over (including a copy of the specific por­ way 11W to Bristol), thence over U.S. Indiana Highway 9 to junction U.S. tions of its authority which protestant Highway 11 to its intersection with U.S. Highway 20 at La Grange, and return believes to be in conflict with that sought Highway 21; thence over U.S. Highway over the same route as an alternate route in the application, and describing in de­ 21 to Bluefield, Va.-W.Va. (also over In­ for operating convenience only, serving tail the method—whether by joinder, terstate Highway 77 to Bluefield); and no intermediate points; and (3) between interline, or other means—by which (2) from Knoxville over U.S. Highway La Grange, Indiana, and junction In­ protestant would use such authority to 81 to its intersection with U.S. Highway diana Highway 13 and U.S. Highway 131, provide all or part of the service pro­ 21; thence over U.S. Highway 21 to from La Grange over U.S. Highway 20 to posed), and shall specify with particu­ Bluefield (also from Knoxville over U.S. junction Indiana Highway 13, thence larity the facts, matters, and things Highway 81 to its intersection with In­ over Indiana Highway 13 to junction U.S. relied upon, but shall not include issues terstate Highway 77, thence over Inter­ Highway 131, at or near the Indiana- or allegations phrased generally. Pro­ state Highway 77 to Bluefield), and re­ Michigan State line, and return over the tests not in reasonable compliance with turn over the same route, serving Bris­ same route, as an alternate route for the requirements of the rules may be tol, Va.-Tenn., as an intermediate point. operating convenience only, serving no rejected. The original and one copy of N o te: Applicant states that the purpose intermediate points, restricted against the protest shall be filed with the Com­ of this instant application is to eliminate the transportation of traffic moving be­ mission, and a copy shall be served con­ the necessity for observing a point in tween points in Michigan, on the one currently upon applicant’s representa­ Lee or Wise Counties, Va., in conducting hand, and, on the other, Cincinnati, Ohio, tive, or applicant if no representative is operations between Knoxville, Tenn., on in connection with (1) through (3) above. named. If the protest includes a request the one hand, and, on the other, Blue­ N o te: Applicant states it agrees to can­ for oral hearing, such requests shall field, Va.-W. Va., and points north there­ cellation of its present route in MC 2202 meet the requirements of § 1.247(d) (4) of authorized to be served by applicant. (Sub-No. 214), provided the route sought of the special rules, and shall include Applicant further states that if the in the present application is granted in the certification required therein. authority herein sought is granted, it its entirety. The purpose of this repub­ Section 1.247(f) of the Commission’s will submit for cancellation its present lication is to more clearly set forth the rules of practice further provides that pending authority issued in Sub 15, to proposed operation. If a hearing is each applicant shall, if protests to its conduct operations over irregular routes deemed necessary, applicant requests it application have been filed, and within between Wise and Lee Counties, Va., on be held at Washington, D.C., or Colum­ 60 days of the date of this publication, the one hand, and, on the other, Knox­ bus, Ohio. notify the Commission in writing (1) ville, Tenn. If a hearing is deemed that it is ready to proceed and prosecute necessary, applicant did not specify No. MC 2202 (Sub-No. 375), filed the application, or (2) that it wishes to location. June 11, 1969. Applicant: ROADWAY withdraw the application, failure in EXPRESS, INC., 1077 Gorge Boulevard, No. MC 1824 (Sub-No. 46), filed June Post Office 471, Akron, Ohio 44309. Ap­ which the application will be dismissed 13, 1969. Applicant: PRESTON TRUCK­ plicant’s representatives: William O. by the Commission. ING COMPANY, INC., 151 Easton Boule­ Turney, 200j. Massachusetts Avenue NW., Further processing steps (whether vard, Preston, Md. 21655. Applicant’s rep­ Washington, D.C. 20036, and Douglas modified procedure, oral hearing, or resentative: Frank V. Klein (same ad­ Faris (same address as applicant). Au­ other procedures) will be determined dress as above). Authority sought to thority sought to operate as a common generally in accordance with the Com­ operate as a common carrier, by motor carrier, by motor vehicle, over regular mission’s general policy statement con­ vehicle, over regular routes, transport­ routes, transporting: General commodi­ cerning motor carrier licensing proce­ ing: Candy and confectionery and arti­ ties (except those of unusual value, dures, published in the F edebal R egister cles used in the manufacture, sale, and classes A and B explosives, livestock, distribution thereof, serving the plantsite 1 Copies of Special Buie 1.247 (as amended) of Russell Stover Candies, Inc., at Clarks­ household goods as defined by the Com­ can be obtained by writing to the Secretary, ville, Va., as an off-route point in con­ mission, commodities in bulk and those Interstate Commerce Commission, Washing­ nection with applicant’s regular route requiring special equipment), between ton, D.C. 20423. operation between Baltimore, Md., and Memphis, Tenn., and Lufkin, Tex.; From

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 NOTICES 11241 Memphis over U.S. Highway 79 to junc­ Alabama, Connecticut, Delaware, Flor­ products and articles distributed by meat tion U.S. Highway 167, thence over U.S. ida, Georgia, Illinois, Indiana, Kentucky, packinghouses, as described in sections Highway 167 to junction Louisiana High­ Louisiana, Maine, Maryland, Massachu­ A and C of appendix I to the report in way 9, thence over Louisiana Highway 9 setts, Michigan, Mississippi, New Hamp­ Descriptions in Motor Carrier Certifi­ to junction U.S. Highway 79, thence over shire, New Jersey, North Carolina, Ten­ cates, 61 M.C.C. 209 and 766 (except hides U.S. Highway 79 to Carthage, Tex,, nessee, Virginia, Vermont, West Virginia, and commodities in bulk, in tank vehi­ thence over Texas Highway 315 to Mount Ohio, Pennsylvania, Rhode Island, South cles), from points in Omaha, Nebr.- Enterprise, Tex., thence over U.S. High­ Carolina, Wisconsin, and the District of Council Bluffs, Iowa, commercial zone to way 259 to Nacogdoches, Tex., thence Columbia. Note: If a hearing is deemed points in Alabama, Florida, Georgia, over U.S. Highway 59 to Lufkin, and re­ necessary, applicant requests it be held North Carolina, South Carolina, and turn over the same route, serving no in­ at Schenectady, N.Y. Tennessee. Note : Applicant states it does termediate points, and serving Lufkin, No. MC 23942 (Sub-No. 20), filed not intend to tack, and is apparently Tex., for the purpdse of joinder only as May 15, 1969. Applicant: THE SEA- willing to accept a restriction against an alternate route for operating, con­ COAST TRANSPORTATION COM­ tacking, if warranted. Common control venience only. Restriction: The service PANY, a corporation, 500 Water Street, may be involved. If a hearing is deemed sought herein is to be restricted against Jacksonville, Fla. 32202. Applicant’s rep­ necessary, applicant requests it be held the transportation of traffic originating resentative: Richard D. Sanborn, Jr. at Omaha, Nebr. at, destined to, or interchanged at (same address as above). In No. MC No. MC 25869 (Sub-No. 90), filed June Memphis, Tenn., points in Memphis, 23942 applicant holds extensive regular- 13, 1969. Applicant: NOLTE BROS. Term., commercial zone, as defined by the route common carrier authority author­ TRUCK LINE, INC., 4734 South 27th Commission, or points in Alabama or izing the transportation of general Street, Omaha, Nebr. 68107. Applicant’s Mississippi. Note: Applicant states it has commodities, between designated points representative: Donald L. Stern, 630 substantially the same route as that in Virginia, North Carolina, South City National Bank Building, Omaha, herein proposed, in MC 2202 (Sub-No. Carolina, Georgia, Alabama, and Florida. Nebr. 68102. Authority sought to operate 320). The proposed route will utilize dif­ This authority roughly parallels the lines as a common carrier, by motor vehicle, ferent highways between Shreveport, La., of the Seaboard Coast Line Railroad Co., over irregular routes, transporting: and Nacogdoches, Tex., thereby result­ applicant’s parent corporation. As part Meats, meat products, and meat by­ ing in a route between Memphis, Tenn., of the above authority, applicant holds products, and articles distributed by meat and Houston, Tex., that is 1.6 miles authority between Jacksonville, Fla., and packinghouses, as defined in sections A longer than its present route provided Waycross, Ga., as follows: “From Way- and C of appendix I to the report in in Sub 320. Common control may be in­ cross, Ga., over U.S. Highway 1 to Jack­ Descriptions in Motor Carrier Certifi­ volved. If a hearing is deemed necessary, sonville, Fla. * * subject to certain cates, 61 M.C.C. 209 and 766 (except applicant requests it be held at Washing­ restrictions, among which is the follow­ commodities in bulk, in tank vehicles, ton, D.C., or Memphis, Tenn. ing: No shipments shall be transported and hides), from points in the Omaha, No. MC 2860 (Sub-No. 57), filed June 6, between any of the following points, or Nebr.-Council Bluffs, Iowa, commercial 1969. Applicant: NATIONAL FREIGHT, through, to, or from more than one of zone, to points in Colorado, IllinoiSr Indi­ INC., 57 West Park Avenue, Vineland, said points: * * * Savannah-Way- ana, Michigan, Missouri, Nebraska, Ohio, N.J. 08360. Applicant’s representative: cross - Patterson - Nahunta - Bruns- and Wisconsin. Note: Common control Alvin Altman, 1776 Broadway, New York, wick-Dupont-Albany-Thomasville, Ga. may be involved. Applicant states it does N.Y. 10019. Authority sought to operate (considered as a single keypoint), * * * not intend to tack, and is apparently will­ as a common carrier, by motor vehicle, provided such shipments have an im­ ing to accept a restriction against tack­ over irregular routes, transporting: mediately prior or immediately subse­ ing, if warranted. If a hearing is deemed Meat, meat products, meat byproducts quent movement by rail. By this necessary, applicant requests it be held and products distributed by meat pack­ application, applicant seeks to modify at Chicago, 111., or Omaha, Nebr. inghouses, except commodities in bulk, this restriction to permit the transporta­ No. MC 41406 (Sub-No. 24) filed from Chicago, 111., to points in Maryland, tion of traffic in highway service beween June 12, 1969. Applicant: ARTIM New York, New Jersey, Pennsylvania, Jacksonville, Fla., and Waycross, Ga., TRANSPORTATION SYSTEM, INC., and the District of Columbia. Note: Ap­ and other points included in the multiple 7105 Kennedy Avenue, Hammond, Ind. plicant states tacking is possible to an keypoint in the Waycross, Ga., area. If 46323. Applicant’s representatives: Fer­ extent but is not presently contemplated. this authority is granted the keypoint dinand Born and Walter F. Jones, Jr., If a hearing is deemed necessary, appli­ restrictions appearing above would be 601 Chamber of Commerce Building, cant requests it be held at New York, amended to read: Savannah-Waycross- Indianapolis, Ind. 46204. Authority N.Y., Philadelphia, Pa., or Washington, Patterson - Nahunta - Brunswick - Du­ sought to operate as a common carrier, pont-Albany-Thomasville, Ga. - J ackson- by motor vehicle, over irregular routes, No. MC 19157 (Sub-No. 15) , filed June ville, Fla (considered as a single transporting: Iron and steel articles; 9. 1969. Applicant: McCORMACK’S keypoint). No other restrictions above (1) from Ashland, Ky., to points in HIGHWAY TRANSPORTATION, INC., would be amended to read: Savannah- Illinois, Indiana, Iowa, Michigan, Mis­ ini Boulevard," Schenectady, N.Y. Waycross - Patterson - Nahunta - Bruns- souri, Ohio, and Wisconsin; and (2) be­ 12305. Applicant’s representative: An­ wick-Dupont-Albany-Thomasville, Ga.- tween Ashland, Ky., and Middletown, thony c. Vance, Suite SOI, Tavern Jacksonville, Fla. (considered as a single Ohio. Note: Applicant states it does not ^uare. 421 King Street, Alexandria, Va. keypoint). No other restrictions would intend to tack, and is apparently willing ^314. Authority sought to operate as a be altered and the service would remain to accept a restriction against tacking, if comwon. carrier, by motor vehicle, over auxiliary to, and supplemental of, Sea­ warranted. If a hearing is deemed neces­ Regular routes, transporting: Radioac- board Coast Line’s rail service. Note : Ap­ sary, applicant requests it be held at we material, new and spent, radioactive plicant is controlled by Seaboard Coast Washington, D.C., Columbus, Ohio, and/ wrce, special nuclear and byproduct Line Railroad Co. If a hearing is deemed or Chicago, 111. aterials, radioactive material shipping necessary, applicant requests it be held No. MC 46240 (Sub-No. 16), filed ontainers, nuclear reactor component at Waycross, Ga., or Jacksonville, Fla. June 13, 1969. Applicant: DIRECT parts, and related equipment (except No. MC 25798 (Sub-No. 192), filed TRANSIT LINES, INC., 200 Colrain ^¡^xH ties which by reason of size or June 11, 1969. Applicant: CLAY HYDER Street SW., Grand Rapids, Mich. 49508. ignt require the use of special equip- TRUCKING LINES, INC., 502 East Applicant’s representative: Robert A. E . bet.ween Points in New York, Bridgers Avenue, Post Office Box 1186, Sullivan, 1800 Buhl Building, Detroit, witvf :..ApPlicailt states it intends to tack Aubumdale, Fla. 33823. Applicant’s rep­ Mich. 48226. Authority sought to operate D .i^s Subs 11 and 13 certificates to resentative: Tony G. Russell (same ad­ as a contract carrier, by motor vehicle, 'hde a through service between its dress as applicant). Authority sought to over irregular routes, transporting: Presently authorized 27 States and the Brass, bronze, copper, and aluminum operate as a common carrier, by motor articles, equipment, material and sup­ istrict of Columbia, wherein applicant vehicle, over irregular routes, transport­ plies used in or incidental to the manu­ authorized to serve points in New York, ing: Meats, meat products and meat by­ facture thereof, between Fulton, Miss.,

No. 127----- 9 FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11242 NOTICES on the one hand, and, on the other, points between military installations or Defense No. MC 83217 (Sub-No. 42), filed in the United States (except Alaska and Department establishments in the United May 22, 1969. Applicant: DAKOTA EX­ Hawaii); under contract with Mueller States (except points in Washington, PRESS INC., 1217 West Cherokee Ave­ Brass Co. of Port Huron, Mich. N ote : Idaho, Montana, North Dakota, South nue, Sioux Falls, S. Dak. 57101. Appli­ Applicant holds common carrier author­ Dakota, . Wyoming, Colorado, Utah, cant’s representative: Henry J. Schuette, ity in MC 106603 and Subs thereunder, Nevada, Oregon, California, Arizona, 1217 West Cherokee, Sioux Falls, S. Dak. therefore, dual operations may be in­ New Mexico, Maine, New Hampshire, 57101. Authority sought to operate as a volved. Applicant states no duplicating Vermont, Alaska, and Hawaii); (b) be­ common carrier, by motor vehicle, over authority sought. If a hearing is deemed tween points in (a) above on the one irregular routes, transporting: (l) Ani­ necessary, applicant requests it be held hand, and, on the other, points in the mal feed, meats, meat products, meat at Detroit or Lansing, Mich. United States (except points in Washing­ byproducts, and articles distributed by No. MC 50069 (Sub-No. 426), filed ton, Idaho, Montana, North Dakota, meat packinghouses, as described in sec­ June 12, 1969. Applicant: REFINERS South Dakota, Wyoming, Colorado, tion A, B, and C of Appendix I to the TRANSPORT & TERMINAL CORPORA­ Utah, Nevada, Oregon, California, Ari­ report in Descriptions in Motor Carrier TION, 445 Earl wood Avenue, Oregon, zona, New Mexico, Maine, New Hamp­ Certificates, 61 M.C.C. 209 and 766, from Ohio 43616. Applicant’s representative: shire, Vermont, Alaska, and Hawaii). points in South Dakota, Nebraska, J. A. Kundtz, 1050 Union Commerce N ote: Applicant states it does not intend Kansas, Missouri, Minnesota, Iowa, Wis­ Building, Cleveland, Ohio 44115. Author­ to tack, and is apparently willing to ac­ consin, and Hlinois, to ports of entry on ity sought to operate as a common car­ cept a restriction against tacking, if the international boundary line between rier, by motor vehicle, over irregular warranted. The purpose of this republi­ the United States and Canada at Minne­ routes, transporting: Fertilizer and fer­ cation is to change the commodity de­ sota and North Dakota, for export into tilizer materials, in bulk, in tank vehicles, scription in (2) above. If a hearing is Manitoba and Sasketchewan, Canada; from storage facilities of Allied Chemical deemed necessary, applicant requests it and (2) foodstuffs, from porte of entry Corp. located at or near Channahon be held at Washington, D.C. on the international boundary line be­ (Smithbridge), 111., to points in Illinois, No. MC 73165 (Sub-No. 267), filed tween the United States and Canada at Indiana, Michigan, Ohio, and Wisconsin. June 2,1969. Applicant: EAGLE MOTOR North Dakota and Minnesota, to points N ote: Applicant states it does not intend LINES, INC., 830 North 33d Street, Post in South Dakota, Nebraska, Iowa, and to tack, and is apparently willing to ac­ Office Box 1348, Birmingham, Ala. Minnesota, restricted to traffic originat­ cept a restriction against tacking if war­ 35201. Applicant’s representative: Rob­ ing in Manitoba and Saskatchewan. ranted. Common control and dual opera­ ert M. Pearce, Post Office Box E, Bowl­ N o te: If a hearing is deemed necessary, tions may be involved. If a hearing is ing Green, Ky. 42101. Authority sought applicant requests it be held at Minne­ deemed necessary, applicant requests it to operate as a common carrier, by motor apolis, Minn. be held at Chicago, HI. vehicle, over irregular routes, transport­ No. MC 85465 (Sub-No. 17) (Amend­ No. MC 69116 (Sub-No. 124), filed ing: Iron and steel articles, castings, and ment), filed March 20, 1969, published June 11, 1969. Applicant: SPECTOR building materials and accessories, mov­ F ederal R egister issue of May 1, 1969, FREIGHT SYSTEM, INC., 205 West ing therewith, from points in Delaware amended June 12, 1969, and republished Wacker Drive, Chicago, HL 60606. Appli­ and Franklin Counties, Ohio, to points as amended this issue. Applicant: WEST cant’s representative: Carl L. Steiner, 39 in Alabama, Arkansas, Delaware, NEBRASKA EXPRESS, INC., Post Of­ South La Salle Street, Chicago, HI. Florida, Georgia, Illinois, Indiana, Iowa, fice Drawer 350, Scottsbluff, Nebr. 69361. 60603. Authority sought to operate as a Kentucky, Louisiana, Maryland, Michi­ Applicant’s representative: Truman A. common carrier, by motor vehicle, over gan, Minnesota, Mississippi, Missouri, Stockton, Jr., The 1650 Grant Street irregular routes, transporting: Lumber, New Jersey, New York, North Carolina, Building, Denver, Colo. 80203. Author­ veneer, and forest products, such as lum­ North Dakota, Pennsylvania, South ity sought to operate as a common ber, plywood, poles, posts, piling, ties, Carolina, Tennessee, Virginia, West Vir­ carrier, by motor vehicle, over irregular cross arms, crossing panels, and fabri­ ginia, Wisconsin, and the District of routes, transporting: General commod­ cated lumber products, creosoted or Columbia. N o te: Applicant states it does ities, including classes A and B explo­ otherwise preservative^ treated and un­ not intend to tack, and apparently will­ sives, but excepting livestock, household treated, including hardware necessary for ing to accept a restriction against tack­ goods, commodities which because of size the installation thereof, from Carbon- ing, if warranted. If a hearing is deemed or weight require the use of special equip­ dale, HI., to points in Indiana, Iowa, Ken­ necessary, applicant requests it be held ment, articles of unusual value, and tucky, Michigan (Upper and Lower at Nashville, Tenn. commodities in bulk; (a) between mili­ Peninsula), Minnesota, Missouri, Ohio, No. MC 76948 (Sub-No. 2), filed tary installations or Defense Department Pennsylvania, Tennessee, and Wisconsin. June 2, 1969. Applicant: LEON DUGAN, establishments in the United States (ex­ N ote: Applicant states it does not intend 427 East Monroe Street, Chrisman, HI. cept Alaska and Hawaii), and (b) be­ to tack, and is apparently willing to ac­ 61924. Applicant’s representative: W. L. tween points in (a) above and points in cept a restriction against tacking, if Jordan, 205 Merchants Savings Build­ Nebraska, on the one hand, and, on the warranted. If a hearing is deemed neces­ ing, Terre Haute, ind. 47801. Authority other, points in the United States (ex­ sary, applicant requests it be held at sought to operate as a common carrier, cept Alaska and Hawaii). N ote: Appli­ Chicago, HI. by motor vehicle, over irregular routes, cant states it does not intend to tack, and No. MC 722*3 (Sub-No. 24) (Amend­ transporting: (a) Fertilizer and ferti­ is apparently willing to accept a restric­ lizer ingredients, in bulk in self-unload­ tion against tacking, if warranted. The ment), filed March 6, 1969, published ing vehicles, or in bags or containers, F ederal R egister issue of April 10, 1969, purpose of this republication is to re­ amended June 11, 1969, and republished from plantsite of Agrico Chemical Co., describe commodity description. If a as amended this issue. Applicant: THE near Danville, HI., to points in Indiana, hearing is deemed necessary, applicant AETNA FREIGHT LINES, INC., 2507 south of a line beginning at Vincennes, requests it be held at Washington, D.C. Youngstown Road SE., Warren, Ohio Ind., and extending eastward along In­ diana Highway 67 to Indianapolis, and No. MC 87717 (Sub-No. 4) (Clarifica­ 44482. Applicant’s representative: Ed­ Fed­ thence east along U.S. Highway 40 to tion) , filed May 16, 1969, published ward G. Villalon, 1735 K Street NW., eral R egister issue of June 12,1969, and Washington, D.C. 20006. Authority Indiana-Ohio State line; and (b) sand republished in part, as clarified, this is­ sought to operate as a common car­ (fertilizer ingredient), in bulk, in self­ sue. Applicant: FANELLI BROTHERS rier, by motor vehicle, over irregular unloading vehicles, from Montezuma, TRUCKING COMPANY, a corporation, routes, transporting: (,1) Commodities Ind., to the plantsite of Agrico Chemical Centre and Nichols Streets, Pottsville, Pa- which require the use of special equip­ Co., near Danville, Ind. N o te: Applicant 17901. Applicant’s representative: Robert ment or special handling by reason of states it does not intend to tack, and is H. Griswold and S. Berne Smith, 100 size or weight; and (2) general commodi­ apparently willing to accept a restriction against tacking, if warranted. If a hear­ Pine Street, Post Office Box 1166, Harris­ ties (except those of unusual value, ing is deemed necessary, applicant re­ burg, Pa. 17108. N ote: The purpose of household goods as defined by the Com­ quests it be held at Springfield, HI., or this partial republication is to clarify the mission, and commodities in bulk); (a) Indianapolis, Ind. destination point in item (2), to show

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 NOTICES 11243 Millersport, Fairfield County, Ohio, in TRANSPORTATION, INC., Post Office that no duplication authority is being lieu of Millersport and Fairfield Coun­ Box 10207, Charleston, S.C. 29411. Appli­ sought. Common control and dual opera­ ties, Ohio, which was erroneously shown cant’s representative: Frank B. Hand, tions may be involved. If a hearing is ¿1 previous publication. The rest of the Jr., 1111 E Street NW., Washington, D.C. deemed necessary, applicant requests it application remains the same. 20004. Authority sought to operate as a be held at Washington, D.C., or Balti­ No. MC 94265 (Sub-No. 219), filed common carrier, by motor vehicle, over more, Md. June 6, 1969. Applicant: BONNEY irregular routes, transporting: Classes A, No. MC 106398 (Sub-No. 405), filed MOTOR EXPRESS, INC., Post Office B, and C explosives, from Macon, Ga., June 10, 1969. Applicant: NATIONAL Box 12388, Thomas Comer Station, Nor­ to Dahlgren, Va., Dover Air Force Base, TRAILER CONVOY, INC., 1925 National folk, Va. Applicant’s representative: E. Del., and Edgewood Arsenal, Md. N o t e : Plaza, Tulsa, Okla. 74151. Applicant’s Stephen Heisley, 705 McLachlen Bank Applicant has contract carrier authority representatives: Irvin Tull and Fred Building, 666 11th Street NW., Washing­ in MC 89340 Sub 2, therefore dual opera­ Rahal, Jr. (same address as applicant). ton, D.C. 20001. Authority sought to op­ tions may be involved. Applicant states Authority sought to operate as a common erate as a common carrier, by motor it does not intend to tack, and is appar­ carrier, by motor vehicle, over irregular vehicle, over irregular routes, transport­ ently willing to accept a restriction, routes, transporting: Trailers designed to ing: Meat, meat products, meat byprod­ against tacking, if warranted. If a hear­ be drawn by passenger automobiles and ucts and articles distributed by meat ing is deemed necessary, applicant re­ buildings in sections mounted on wheeled packinghouses, from the plantsites and quests it be held at Washington, D.C. undercarriages, from points in Clark warehouse facilities of National Beef No. MC 103435 (Sub-No. 210), filed County, Wis., to points in the United Packing, Inc., at Liberal and Kansas June 6, 1969. Applicant: UNITED- States (except Alaska and Hawaii). City, Kans., to points in Tennessee, Vir­ BUCKINGHAM FREIGHT LINES, INC., N o te: Common control and dual opera­ ginia, North Carolina, Delaware, West 5773 South Prince Street, Littleton, Colo. tions may be involved. Applicant states Virginia, Maryland* Pennsylvania, New 80120. Applicant’s representative: George it does not intend to tack, and is ap­ York, New Jersey, and the District of R. LaBissoniere, 1424 Washington Build­ parently willing to accept a restriction Columbia, restricted to traffic originating ing, Seattle, Wash. 98101. Authority against tacking if warranted. If a hear­ at the plantsites and warehouse facilities sought to operate as a common carrier, ing is deemed necessary, applicant re­ of National Beef Packing, Inc. N ote : Ap­ by motor vehicle, over regular routes, quests it be held at Minneapolis or St. plicant states it does not intend to tack, transporting: General commodities (ex­ Paul, Minn. and is apparently willing to accept a cept commodities in bulk, household No. MC 106760 (Sub-No. 101), filed restriction against tacking if warranted. goods as defined by the Commission, ar­ June 11, 1969. Applicant: WHITE- If a hearing is deemed necessary, appli­ ticles of unusual value, commodities HOUSE TRUCKING, INC., 5020 Angela cant requests it be held at Kansas City, which, because of their size or weight, Road, Toledo, Ohio 43615. Applicant’s Mo. require the use of special equipment), representatives: Leonard A. Jaskiewicz, No. MC 95540 (Sub-No. 749), filed serving the site of the Atlantic Rich­ Suite 501, 1730 M Street NW., Washing­ June 6, 1969. Applicant: WATKINS field Co. near Femdale, Wash., as off- ton, D.C. 20036, and Irvin Tull and Fred MOTOR LINES, INC., 1120 West Griffin route to carrier’s presently authorized Rahal, Jr. (same address as applicant). Road, Lakeland, Fla. 33801. Applicant’s regular routes. N o te: Applicant states Authority sought to operate as a com­ representative: Paul E. Weaver (same joinder would be made at Bellingham, mon carrier, by motor vehicle, over ir­ address as applicant). Authority sought Wash., which is a regular route point au­ regular routes, transporting: Structures, to operate as a common carrier, by motor thorized under MC 103435 Sub-No. 104. outdoor electric substations or sections vehicle, over irregular routes, transport­ If a hearing is deemed necessary, appli­ thereof, iron or steel, bolts and nuts, and ing: Canned preserved foodstuffs, not cant requests it be held at Seattle, Wash. accessories used . in the installation cold pack or frozen, from the plantsites No. MC 103993 (Sub-No. 422), filed thereof, from Newark, Ohio, to points in and storage facilities of Comstock Green­ June 9, 1969. Applicant: MORGAN the United States (except Alaska and wood Foods, Borden, Inc., at Waterloo, DRIVE-AWAY, INC., 2800 West Lexing­ Hawaii). N o te: Applicant states it does Egypt, Rushville, Penn Yan, Newark, ton Avenue, Elkhart, Ind. 46514. Appli­ not intend to tack, and is apparently Lyons, Syracuse, Fairport, and Red cant’s representative: Paul D. Borghe- willing to accept a restriction against Creek, N.Y., and West Chester, Pa., to sani (same address as applicant). Au­ tacking if warranted. Common control Points in New Mexico, Arizona, Colorado, thority sought to operate as a common and dual operations may be involved. If Utah, Nevada, California, Idaho, Mon­ carrier, by motor vehicle, over irregular a hearing is deemed necessary, applicant tana, Oregon, Washington, and Wyo­ routes, transporting: Trailers, designed requests it be held at Columbus, Ohio. ming. Note: Applicant states it does not to be drawn by passenger automobiles, in No. MC 106760 (Sub-No. 102), filed intend to tack, and is apparently willing initial movements, from points in Ita­ June 11, 1969. Applicant: WHITE- to accept a restriction against tacking, wamba County, Miss., to points in the HOUSE TRUCKING, INC., 5020 Angola if warranted. If a hearing is deemed United States (except Alaska and Ha­ Road, Toledo, Ohio 43615. Applicant’s necessary, applicant requests it be held waii) . N o te: Applicant states it does not representatives: Leonard A. Jaskiewicz, at Rochester or Buffalo, N.Y., or Wash­ intend to tack, and is apparently will­ ington, D.C. Suite 501, 1730 M Street NW., Washing­ ing to accept a restriction against tack­ ton, D.C. 20036, and Irvin Tull and Fred No. MC 102616 (Sub-No. 836), filed ing, if warranted. If a hearing is deemed Rahal, Jr., 1925 National Plaza, Tulsa, 1969. Applicant: COASTAL necessary, applicant does not specify a Okla. 74151. Authority sought to operate 91 LINES, INC., Post Office Box 7211, location. as a common carrier, by motor vehicle, Last Waterloo Road, Akron, Ohio No. MC 106398 (Sub-No. 404), filed over irregular routes, transporting: Steel «06. Applicant’s representative: Harold June 9, 1969. Applicant: NATIONAL columns, steel joists, steel beams, steel r- Hernly, 711 14th Street NW., Wash- TRAILER CONVOY, INC., 1925 National roofing decks, steel shapes, steel trusses, D.C. 20005. Authority sought to Plaza, Tulsa, Okla. 74151. Applicant’s steel sidings, and accessories thereof, vpvti 6 as a 'Common carrier, by motor representatives: Irvin Tull and Fred from Canton, Ohio, to points in Boone, w in over lfresular routes, transport­ Rahal, Jr. (same address as applicant). Cook, De Kalb, Du Page, Gruncy, Kane, er* \*rocess cfay, in bulk, from Pauls- Authority sought to operate as a common Kendall, Lake, McHenry, Will, and °.N.J., to points in Delaware, Michi- carrier, by motor vehicle, over irregular Winnebago Counties, 111., and to aU other nii ’ y 1*0’ anc* Pennsylvania. N o te: Ap- routes, transporting: Trailers designed to points in the United States except New cant states it does not intend to tack, be drawn by passenger automobiles, in York, Connecticut, Florida, Maine, Mas­ Jf J? apparently willing to accept a re- initial movements, from points in Wash­ sachusetts, New Hampshire, Rhode If « k against tacking, if warranted. ington County, Md., to points in the Island, Vermont, Alabama, Arkansas, pQ«+ aring *s deemed necessary, appli- United States (except Alaska and Georgia (except on and south of U.S. t requests it be held at Washington, Hawaii). N o te: Applicant states it does Highway 80), Indiana, Iowa, Kentucky, •C., or Philadelphia, Pa. intend to tack, and is apparently willing Louisiana, Maryland, Michigan (except No. MC 102682 (Sub-No. 261), filed May to accept a restriction against tacking, points in Lower Peninsula), Mississippi, !6, 1969. Applicant: HUGHES if warranted. Applicant further states Missouri, New Jersey, Pennsylvania,

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11244 NOTICES

Tennessee, West Virginia, District of tucky, Tennessee, Iowa, Michigan, Mis­ City, 111. 61842. Applicant’s representa­ Columbia, Alaska, and Hawaii. N o te: souri, and Wisconsin. N o te: Applicant tive: Dale L. Cox (same address as ap­ Applicant states it does not intend to states it does not intend to tack, and is plicant). Authority sought to operate as tack, and is apparently willing to accept apparently willing to accept a restric­ a common carrier, by motor vehicle, over a restriction against tacking, if war­ tion against tacking, if warranted. Com­ irregular routes, transporting: (1) Glass ranted. Common control and dual opera­ mon control may be involved. If a hear­ glazing units, from Mason City, Iowa, to tions may be involved. If a hearing is ing is deemed necessary, applicant re­ points in the United States in and east deemed necessary, applicant requests it quests it be held at Washington, D.C. of Montana, Wyoming, Colorado, and be held at Columbus, Ohio. No. MC 106760 (Sub-No. 106), filed New Mexico; (2) glass, flat; from Shreve­ No. MC 106760 (Sub-No. 103), filed June 11,1969. Applicant: WHITEHOUSE port, La., Charleston, W. Va., and Ot­ June 11,1969. Applicant: WHITEHOUSE TRUCKING, INC7i~5020 Angola Road, tawa, 111., to points in the United States TRUCKING, INC., 5020 Angola Road, Toledo, Ohio 43615. Applicant’s repre­ in and east of Montana, Wyoming, Colo­ Toledo, Ohio 43615. Applicant’s repre­ sentatives: Irvin Tull and Fred Rahal, rado, and New Mexico; and (3) glass, sentatives: Leonard A. Jaskiewicz, Suite Jr. (same address as applicant), and flat; glass glazing units, and glass doors 501, 1730 M Street NW., Washington, Leonard A. Jaskiewicz, Suite 501, 1730 and fittings, from Toledo, Ohio, to points D.C. 20036, and Irvin Tull and Fred M Street NW., Washington, D.C. Au­ in the United States in and east of Rahal, Jr., 1925 National Plaza, Tulsa, thority sought to operate as a common Montana, Wyoming, Colorado, and New Okla. 74151. Authority sought to operate carrier, by motor vehicle, over irregular Mexico. N o te: Applicant states it would as a common carrier, by motor vehicle, routes, transporting: Glass, flat, from tack with its present authority in MC over irregular routes, transporting: Ply­ Shreveport, La., Charleston, W. Va., and 107295, where feasible. If a hearing is wood, from plantsite of General Plywood Ottawa, 111., to points in the United deemed necessary, applicant requests it Corp., at or near New Albany, Ind., to all States (except Washington, Oregon, Cal­ be held at Indianapolis, Ind., or Spring- points in the United States except Wash­ ifornia, Nevada, Idaho, Utah and Ari­ field, 111. ington, Oregon, California, Nevada, zona, and Alaska and Hawaii). N o te: No. MC 107515 (Sub-No. 662), filed Idaho, Montana, Wyoming, Utah, Colo­ Applicant states it does not intend to June 12, 1969. Applicant: REFRIGER­ rado, Arizona, New Mexico, and Alaska tack, and is apparently willing to accept ATED TRANSPORT CO., INC., Post and Hawaii. N o te: Applicant states it a restriction against tacking, if war­ Office Box 308, Forest Park, Ga. 30050. does not intend to tack, and is apparently ranted. Common control and dual opera­ Applicant’s representative: B. L. Gund- willing to accept a restriction against tions may be involved. If a hearing is lach (same address as applicant). Au­ tacking, if warranted. Common control deemed necessary, applicant requests it thority sought to operate as a common and dual operations may be involved. If be held at Washington, D.C. carrier, by motor vehicle, over irregular a hearing is deemed necessary, applicant No. MC 106760 (Sub-No. 107), filed routes, transporting: Salads and sand­ requests it be held at Louisville, Ky., or June 11,1969. Applicant: WHITEHOUSE wich spreads, (1) from Atlanta, Ga., and Washington, D.C. TRUCKING, INC., 5020 Angola Road, Knoxville, Tenn., to points in Michigan, No. MC 106760 (Sub-No. 104), filed Toledo, Ohio 43615. Applicant’s repre­ Ohio, Indiana, Illinois, Kentucky, Wis­ June 11,1969. Applicant: WHITEHOUSE sentative: Irvin Tull and Fred Rahal, Jr. consin, New York, New Jersey, Pennsyl­ TRUCKING, INC., 5020 Angola Road, (same address as applicant), and vania, Delaware, Connecticut, Rhode Toledo, Ohio 43615. Applicant’s repre­ Leonard A. Jaskiewicz, Suite 501, 1730 Island, Massachusetts, Kansas, Okla­ sentatives: Leonard A. Jaskiewicz, Suite M Street NW., Washington, D.C. 20036. homa, Texas, Virginia, West Virginia, 501, 1730 M Street NW., Washington, Authority sought to operate as a common Maryland, Iowa, Nebraska, North Da­ D.C. 20036, and Irvin Tull and Fred carrier, by motor vehicle, over irregular kota, South Dakota, and the District of Rahal, Jr., 1925 National Plaza, Tulsa, routes, transporting: Windows, window Columbia; and (2) from Knoxville, Okla. 74151. Authority sought to operate frames, doors, door frames and molding, Tenn., to points in Missouri, Minnesota, as a common carrier, by motor vehicle, from Pemberton, N.J., to points in the Arkansas, Louisiana, Mississippi, Ala­ over irregular routes, transporting: (1) United States (except Alaska and Ha­ bama, Florida, Georgia, North Carolina, Iron and steel articles, from the plant or waii) . N ote : Applicant states it does not and South Carolina. N ote: Applicant warehouse sites of Continental Steel intend to tack, and is apparently willing states it does not intend to tack, and is Corp., located in Howard County, Ind., to to accept a restriction against tacking, apparently willing to accept a restric­ points in the United States on and east if warranted. Common control and dual tion against tacking, if warranted. If of U.S. Highway 85; and (2) materials, operations may be involved. If a hearing a hearing is deemed necessary, applicant equipment, and supplies, used in the is deemed necessary, applicant requests requests it be held at Atlanta, Ga., or manufacture and processing of iron and it be held at Washington, D.C. Knoxville, Tenn. steel articles, from points in the United No. MC 106760 (Sub-No. 109), filed No. MC 108068 (Sub-No. 80), filed States on and east of U.S. Highway 85 June 11,1969. Applicant: WHITEHOUSE June 9, 1969. Applicant: U.S.A.C. to the plant or warehouse sites of Con­ TRUCKING, INC., 5020 Angola Road, TRANSPORT, INC., Post Office Box G, tinental Steel Corp., located in Howard Toledo, Ohio 43615. Applicant’s repre­ Joplin, Mo. 64801. Applicant’s repre­ County, Ind., restricted to traffic originat­ sentatives: Irvin Tull and Fred Rahal, sentatives: A. N. Jacobs (same address ing at or destined to the named origins Jr. (same address as applicant), and as applicant), and Wilburn L. William­ and destination in (1) and (2) above, Leonard E. Jaskiewicz, Suite 501, 1730 M son, 600 Leininger Building, Oklamoa and further restricted against the trans­ Street NW., Washington, D.C. 20036. Au­ City, Okla. 73112. Authority sought to portation of commodities in bulk. N ote: thority sought to operate as a common operate as a common carrier, by motor Common control and dual operations carrier, by motor vehicle, over irregular vehicle, over irregular routes, transport­ may be involved. If a hearing is deemed routes, transporting: Glass glazing units, ing: Lumber, including plywood, and necessary, applicant requests it be held from Mason City, Iowa, to points in the cooling tower and fluid cooler parts and at Washington, D.C. United States (except Washington, Ore­ accessories, from Stockton, Calif., to No. MC 106760 (Sub-No. 105), filed gon, California, Nevada, Idaho, Utah, points in North Dakota, South Dakota, June 11,1969. Applicant: WHITEHOUSE Arizona, Alaska, and Hawaii). N o te: Nebraska, Kansas, Oklahoma, Texas, TRUCKING, INC., 5020 Angola Road, Common control and dual operations Minnesota, Iowa, Missouri, Arkansas, Toledo, Ohio 43615. Applicant’s repre­ may be involved. Applicant states it does Louisiana, Wisconsin, Illinois, Michigan, sentatives: Leonard A. Jaskiewicz, Suite not intend to tack, and is apparently Indiana, Ohio, Kentucky, Tennessee, 501,1730 M Street NW., Washington, D.C. willing to accept a restriction against Mississippi, Alabama, Georgia, Florida, 20336, and Irvin Tull and Fred Rahal, tacking, if warranted. If a hearing is South Carolina, North Carolina, Vir­ Jr., 1925 National Plaza, Tulsa, Okla. deemed necessary, applicant requests it ginia, West Virginia, Pennsylvania, New 74151. Authority sought to operate as a be held at Washington, D.C. York, Maine, Vermont, New Hampshire, common carrier, by motor vehicle, over No. MC 107295 (Sub-No. 201), filed Delaware, Massachusetts, Connecticut, irregular routes, transporting: Composi­ June 5, 1969. Applicant: PRE-FAB Rhode Island, New Jersey, Maryland, tion building board, from Jarratt, Va., to TRANSIT CO., a corporation, 100 South and the District of Columbia. Note. points in Illinois, Indiana, Ohio, Ken­ Main Street, Post Office Box 142, Farmer Applicant states it does not intend to

FEDERAL REGISTER, V O L 34, NO. 127— THURSDAY, JULY 3, 1969 NOTICES 11245 tack, and is apparently willing to accept near Haverhill (Scioto County), Ohio, to and supplies, between points in Uintah a restriction against tacking if war­ points in Alabama, Arkansas, Connecti­ County, Utah, and points in Colorado, ranted. If a hearing is deemed necessary, cut, Delaware, Florida, Georgia, Illinois, New Mexico, Arizona, Idaho, Wyoming, applicant requests it he held at San Indiana, Iowa, Kansas, Kentucky, Loui­ Nevada and California. N o te: Applicant Francisco, Calif., or Washington, D.C. siana, Maryland, Massachusetts, Michi­ states it will tack with its lead certificate No. MC 109689 (Sub-No. 206), filed gan, Minnesota, Mississippi, Missouri, at points in Moffat, Rio Blanco, Mesa, June 3, 1969.: Applicant: W. S. HATCH New Hampshire, New Jersey, New York, and Garfield Counties, Colo. If a hearing CO., a corporation, 643 South 800 West, North Carolina, Ohio, Pennsylvania, is deemed necessary, applicant requests Woods Cross, Utah 84087. Applicant’s Rhode Island, South Carolina, Tennes­ it be held at Salt Lake City, Utah, or representative: Mark K. Boyle, 345 South see, Texas, Virginia, West Virginia, and Denver, Colo. State Street, Salt Lake City, Utah 84110. Wisconsin. N ote: Applicant states it does No. MC 115311 (Sub-No. 102), filed Authority sought to operate as a common not intend to tack, and is apparently will­ June 12, 1969. Applicant: J & M TRANS­ carrier, by motor vehicle, over irregular ing to accept a restriction against tack­ PORTATION CO., INC., Post Office Box routes, transporting: Liquid chemicals, ing, if warranted. If a hearing is deemed 488, Milledgeville," Ga. 31061. Applicant’s liquid feed supplement, and mineral oil, necessary, applicant requests it be held representative: Alan E. Serby, 1600 First in bulk, from Fort Lupton, Colo., to points at Washington, D.C. Federal Building, Atlanta, Ga. 30303. in Wyoming, Nebraska, Montana, Kan­ No. MC 114019 (Sub-No. 197), filed Authority sought to operate as a common sas, Utah, and New Mexico. N ote : Appli­ June 11, 1969. Applicant: MIDWEST carrier, by motor vehicle, over irregular cant states it does not intend to tack EMERY FREIGHT SYSTEM, INC., 7000 routes, transporting: Composition boards and apparently is willing to accept a re­ South Pulaski Road, Chicago, 111. 60629. and accessories used in the installation striction against tacking if warranted. Applicant’s representative: Carl L. thereof, from the plantsite of the Celo- If a hearing is deemed necessary, appli­ Steiner, 39 South La Salle Street, Chi­ tex Corp.,.Marrero, La., to points in Mis­ cant requests it be held at Denver, Colo., cago, 111. 60603. Authority sought to op­ souri, Illinois, Kentucky, Tennessee, Ala­ or Los Angeles, Calif. erate as a common carrier, by motqr ve­ bama, Georgia, South Carolina, North No. MC 110157 (Sub-No. 30), filed* hicle, over irregular routes, transporting: Carolina, Virginia, West Virginia, Ohio, May 29, 1969. Applicant: LANG Bananas and agricultural commodities Pennsylvania, Delaware, Indiana, Mary­ TRANSIT COMPANY, a corporation, and commodities, the transportation of land, Mississippi, and Washington, D.C. 38th Street and Quirt Avenue, Lubbock, which is partially exempt pursuant to N ote : Applicant states it does not intend Tex. 79408. Applicant’s representative: section 203(b) (6) of the Interstate Com­ to tack, and is apparently willing to ac­ W. D. Benson, Jr., Post Office Box 6723, merce Act, when moving in mixed ship­ cept a restriction against tacking, if war­ 7012 Indiana Avenue, Lubbock, Tex. ments with bananas, (a) from Charles­ ranted. If a hearing is deemed necessary, 79413. Authority sought to operate as a ton, S.C., Norfolk, Va., Wilmington, Del., applicant requests it be held at New common carrier, by motor vehicle, over and Boston and Fall River, Mass., to Orleans, La., or Atlanta, Ga. regular routes, transporting: General points in Maine, New Hampshire, Ver­ No. MC 115331 (Sub-No. 270), filed commodities (except those of unusual mont, Massachusetts, Connecticut, New June 4, 1969. Applicant: TRUCK value, classes A and B explosives, live­ York, Pennsylvania, Ohio, Michigan, Illi­ TRANSPORT, INCORPORATED, 1931 stock, household goods as defined by the nois, Indiana, Kentucky, West Virginia, North Geyer Road, St. Louis, Mo. 63131. Commission, commodities in bulk, and Virginia, North Carolina, South Carolina, Applicant’s representative: J. R. Ferris those requiring special equipment), be­ and the District of Columbia: and (b) (same address as applicant). Authority tween Clovis and Albuquerque, N. Mex., from Baltimore, Md., New York, N.Y., sought to operate as a common carrier, from Clovis over U.S. Highway 60 to En- and Philadelphia, Pa., to points in by motor vehicle, over irregular routes, cino, thence over U.S. Highway 285 to Maine, New Hampshire, Vermont, Massa­ transporting: Lime, limestone, and lime­ Clines Corner, thence over U.S. Highway chusetts, Connecticut, and the District stone products, from Gibsonburg, Ohio, 66 and Interstate Highway 40 to Albu­ of Columbia. N o te: Applicant states it to points in Iowa, Missouri, Wisconsin, querque, and return over the same route,. does not intend to tack, and is apparently Arkansas, Kentucky, Tennessee, and serving all intermediate points. N ote : If willing to accept a restriction against points in Illinois on and south of U.S. a hearing is deemed necessary, applicant tacking, if warranted. Common control Highway 136. N o te: Applicant states it requests it be held at Albuquerque or may be involved. If a hearing is deemed does not intend to tack, and is apparently Santa Fe, N. Mex. necessary, applicant requests it be held willing to accept a restriction again» No. MC 110525 (Sub-No. 912), filed at Chicago, 111. tacking, if warranted. If a hearing i* June 9, 1969. Applicant: CHEMICAL No. MC 114408 (Sub-No. 8), filed deemed necessary, applicant requests ifc LEAMAN TANK LINES, INC., 520 Lan­ June 12, 1969. Applicant: W. E. BEST, be held at St. Louis, Mo., or Chicago, 111 caster Avenue, Downingtown, Pa. 19335. INC., State Route 20, Pioneer, Ohio No. MC 115331 (Sub-No. 271), filed Applicant’s representatives: Edwin H. 43554. Applicant’s representative: A. June 4, 1969. Applicant: TRUCK vanDeusen (same address as above), and Charles Tell, 100 East Broad Street, Co­ TRANSPORT, INCORPORATED, 193 J Leonard A. Jaskiewicz, Suite 501, 1730 lumbus, Ohio 43215. Authority sought to North Geyer Road, St. Louis, Mo. 63131 M Street NW., Washington, D.C. 20036. operate as a contract carrier, by motor Applicant’s representative: J. R. Ferris Authority sought to operate as a common vehicle, over irregular routes, transport­ (same address as applicant). Authority carrier, by motor vehicle, over irregular ing: Sand, stone, gravel, dirt, and bitu­ sought to operate as a common carrier, routes, transporting: Alcoholic liquor, in minous concrete, in bulk, in dump vehi­ by motor vehicle, over Irregular routes, bulk, in tank vehicles, from Philadelphia,’ cles, from points in Williams County, transporting: Chemicals, in bulk, from Pa., to Lakeland, Fla. N o te: Applicant Ohio, to points in Hillsdale County, Memphis, Term., to points in Alabama, states it does not intend to tack, and is Mich.; under contract with Northwest Arkansas, Georgia, Illinois, Kentucky, apparently willing to accept a restriction Materials, Inc. N o te: Applicant states Louisiana, Mississippi, and Texas. N ote: against tacking, if warranted. If a hear- no duplicating authority presently held Applicant states it does not intend to mg 18 deemed necessary, applicant did not or sought. If a hearing is deemed neces­ tack, and is apparently willing to accept specify a location. sary, applicant requests it be held at a restriction against tacking, if war­ No. MC 112595 (Sub-No. 36), filed Columbus, Ohio. ranted. If a hearing is deemed necessary, June 9,1969. Applicant: FORD BROTH­ No. MC 115092 (Sub-No. 9), filed June applicant requests it be held at St. Louis, ERS, INC., Post Office Box 727 (Coal 9, 1969. Applicant: WEISS TRUCKING, Mo., or Chicago, 111. «rove), Ironton, Ohio 45638. Applicant’s INC., Post Office Box O, Vernal, Utah No. MC 115491 (Sub-No. 116), filed 84080. Applicant’s representative: Wil­ June 9, 1969. Applicant: COMMERCIAL Presentative: James R. Stiverson, 50 CARRIER CORPORATION, 502 East Antvi •°a<^ ®^ree^> Columbus, Ohio 43215. liam S. Richards, 1605 Walker Bank Building, Salt Lake City, Utah 84111. Bridgers Avenue, Post Office Box 67, Au- sought to operate as a common burndale, Fla. 33823. Applicant’s repre­ ner, by motor vehicle, over irregular Authority sought to operate as a common sentative: Tony G. Russell (same address °utes, transporting: Acetone and phenol, carrier, by motor vehicle, over irregular as applicant). Authority sought to oper­ u* bulk, in tank vehicles, from the plant- routes, transporting: Well servicing ate as a common carrier, by motor ve­ Slte °* United States Steel Corp., at or equipment and supplies and drilling parts hicle, over irregular routes, transporting:

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11246 NOTICES Dry bulk commodities, between points 1969, amended and republished as mal and poultry feed, from Guymon, in Florida on the one hand, and, on the amended, this issue. Applicant: M. Okla., to points in Kansas, Texas, Colo­ other, points in Alabama and Georgia. BRUENGER & COMPANY, INC., 6330 rado, Nebraska, New Mexico, and Ari­ N ote : Applicant states it does not intend North Broadway, Wichita, Kans. 67214. zona, and (2) feed ingredients, from to tack, and is apparently willing to ac­ Applicant’s representative: James F. points in the States named in (1) above, cept a restriction against tacking, if war­ Miller, 6415 Willow Lane, Shawnee Mis­ to Guymon, Okla., under contract with ranted. If a hearing is deemed necessary, sion, Kans. 66208. Authority sought to W. R. Grace & Co., N o te: Applicant applicant requests it be held at Orlando operate as a common carrier, by motor states that no duplicating authority is or Tampa, Fla. vehicle, over irregular routes, transport­ being sought. If a hearing is deemed No. MC 115981 (Sub-No. 1), filed June ing: Meats, meat products, meat byprod­ necessary, applicant requests it be held 2, 1969. Applicant: UNION TRANSPOR­ ucts, and articles distributed by meat at Denver. Colo. TATION CO., INC., 1939 Auburn Boule­ packinghouses, as defined by the Com­ No. MC 119767 (Sub-No. 222), filed vard, Sacramento, Calif. 95811. Appli­ mission, in sections A and C of appendix June 9, 1969. Applicant: BEAVER cant’s representative: George M. Carr, I in Descriptions in Motor Carrier Cer­ TRANSPORT CO., a corporation, 100 351 California Street, Suite 1215, San tificates, 61 M.C.C. 209 and 766 from the South Calumet Street, Burlington, Wis. Francisco, Calif. 94104. Authority sought plantsite of Pork Packers, International, 53105. Applicant’s representative: A. to operate as a contract carrier, by motor Inc., at Clay Center, Kans., to points in Bryant Torhorst, Post Office Box 339, vehicle, over irregular routes, transport­ Arizona, New Mexico, California, Texas, Burlington, Wis. 53105. Authority sought ing: Asbestos fiber, crude, shorts, or Louisiana, Alabama, Mississippi, Geor­ to operate as a common carrier, by motor waste in bags, packages and containers, gia, Florida, Kansas, Missouri, Arkansas, vehicle, over irregular routes, transport­ between the mine and processing site of Oklahoma, Tennessee, Washington, Ore­ ing: Foodstuffs, from points in Wiscon­ Pacific Asbestos Corp., near Copperopolis, gon, and Nevada, with stops in transit at sin, to points in Michigan. N o te: Appli­ Calif., to Docks of Stockton, Sacramento, Wichita, Kans., to partially load and/or cant states it can tack to serve points Alameda, Oakland, and San Francisco, unload. N o te: Applicant states it does under its lead certificate; Subs 39, 50,58, Calif., and the rail sidings at Oakdale, not intend to tack, and is apparently 145, and 184, whereas it conducts opera­ Jamestown, and Chinese Camp, Calif., willing to accept a restriction against tions at points in Indiana, Illinois, Mis­ with movement of empty containers, on tacking, if warranted. The purpose of souri, Iowa, Wisconsin, Ohio, and return, under contract with Pacific As­ this republication is to broaden the ter­ Minnesota. Common control may be in­ bestos Corp., Copperopolis, Calif. N o te: ritory description. If a hearing is deemed volved. If a hearing is deemed necessary, Applicant holds common carrier author­ necessary, applicant requests it be held applicant requests it be held at Milwau­ ity under MC 128718, therefore dual oper­ at Wichita, Kans. kee or Madison, Wis. ations may be involved. If a hearing is No. MC 119641 (Sub-No. 81), filed No. MC 119774 (Sub-No. 17), filed deemed necessary, applicant requests it June 11, 1969. Applicant: RJNGLE EX­ June 9, 1969. Applicant: MARY ELLEN be held at San Francisco, Calif. PRESS, INC., 450 South Ninth Street, STIDHAM, N. M. STIDHAM, A. E. No. MC 117459 (Sub-No. 2), filed Fowler, Ind. 47944. Applicant’s repre­ MANKINS (INEZ MANKINS, EX­ June 2, 1969, Applicant: CARLSON sentative: Robert C. Smith, 620 Illinois ECUTRIX), AND JAMES E. MANKINS, TRUCK SERVICE, INC., 2501 Henry Building, Indianapolis, Ind. 46204 and SR., a partnership, doing business as Street, Muskegon, Mich. 49441. Appli­ Alki E. Scopelitis, 816 Merchants Bank EAGLE TRUCKING COMPANY, Post cant’s representative: William J. Hirsch, Building, Indianapolis, Ind. 46204. Au­ Office Box 471, Kilgore, Tex. 75662. Ap­ 43 Niagara Street, Buffalo, N.Y. 14202. thority sought to operate as a common plicant’s representative: Joe G. Fender, Authority sought to operate as a com­ carrier, by motor vehicle, over irregular 802 Houston First Savings Building, mon carrier, by motor vehicle, over routes, transporting: Tractors (except Houston, Tex. 75662. Authority sought irregular routes, transporting: Cement those with vehicle beds, bed frames, and to operate as a common carrier, by motor from (1) Oswego, N.Y., to points in Penn­ fifth wheels), equipment designed for vehicle, over irregular routes, trans­ sylvania, and returned shipment in the use in conjunction with tractors, agri­ porting: (1) Commodities which require reverse direction; and (2) between cultural, industrial, and construction the use of special equipment or special points in Buffalo, N.Y., commercial machinery, and equipment, trailers de­ handling by reason of size or weight; zone, on the one hand, and, on the other, signed for the transportation of the and (2) classes A and B explosives, (a) points in New York and Pennsylvania. above-described commodities (except between military installations or Defense N ote : Applicant states it does not intend those trailers designed to be drawn by department establishments in Florida, to tack, and is apparently willing to ac­ passenger automobiles) . attachments for Georgia, Alabama, Mississippi, Louisi­ cept a restriction against tacking, if the above-described commodities, inter­ ana, Kansas, Texas, Oklahoma, warranted. If a hearing is deemed nal combustion engines, and parts of the Arkansas, New Mexico, Arizona, Colo­ necessary, applicant requests it be held above-described commodities when rado, Utah, Nevada, Idaho, .Wyoming, at Buffalo, N.Y., or Detroit, Mich. moving in mixed loads with such com­ Montana, Nebraska, South Dakota, and No. MC 117698 (Sub-No. 8), filed modities, from the port of entry on the North Dakota; and (b) between points June 13, 1969. Applicant: LEO H. international boundary line between the in (a) above on the one hand, and, on SEARLES, doing business as, L. H. United States and Canada located at or the other, points in Florida, Georgia, SEARLES, South Worcester, N.Y. Appli­ near Buffalo, N.Y., to points in Alabama, Alabama, Mississippi, Louisiana, Kansas, cant’s representative: Harold C. Vroo- Connecticut, Delaware, Florida, Georgia, Texas, Oklahoma, Arkansas, New man, 140 Main Street, Oneonta, N.Y. Maine, Maryland, Massachusetts, New Mexico, Arizona, Colorado, Utah, 13820. Authority sought to operate as a Hampshire, New Jersey, New York, Nevada, Idaho, Wyoming, Montana, common carrier, by motbr vehicle, over North Carolina, Ohio, Pennsylvania, Nebraska, South Dakota, and North irregular routes, transporting: Ice Rhode Island, South Carolina, Vermont, Dakota. N o te: Applicant states it does cream, ice confections, and ice mix in Virginia, West Virginia, and the District not intend to tack, and is apparently refrigerated trailers, and not in bulk or of Columbia. N o te: Applicant states it willing to accept a restriction against tank vehicles, from Suffield, Conn., to does not intend to tack, and is apparent­ tacking, Jf warranted. Applicant further Eatontown, Mount Holly, Ocean City, ly willing to accept a restriction against states it holds no authority which would Middlesex, Paterson, Newark, and tacking, if warranted. If a hearing is duplicate that sought herein. If a hear­ Woodbridge, N.J., and Farmingdale and deemed necessary, applicant requests it ing is deemed necessary, applicant re­ Holtsville, Long Island, N.Y. N o te: be held at Washington, D.C. quests it be held at Washington, D.C. Applicant states it does not intend to No. MC 119710 (Sub-No. 17), filed No. MC 119934 (Sub-No. 157), filed tack, and is apparently willing to accept June 10, 1969. Applicant: SHUPE BROS. June 9,1969. Applicant: ECOFF TRUCK­ a restriction against tacking, if war­ CO., a corporation, Post Office Box 929, ING, INC., 625 East Broadway, Fort- ranted. If a hearing is deemed necessary, Greeley, Colo. 80631. Applicant’s rep­ ville, Ind. 46040. Applicant’s representa­ applicant requests it be held at Albany, resentative: Paul F. Sullivan, 701 Wash­ tive: Robert C. Smith, 620 Illinois Build­ N.Y. ington Building, Washington, D.C. 20005. ing, Indianapolis, Ind. 46204. Authority No. MC 118142 (Sub-No. 30) (Amend­ Authority sought to operate as a con­ sought to operate as a common carrier, ment), filed May 19, 1969, published in tract carrier, by motor vehicle, over ir­ by motor vehicle, over irregular routes, the F ederal R egister issue of June 12, regular routes, transporting: (1) Ani­ transporting: Spent phosphoric acta, m

FEDERAL REGISTER, V O L 34, NO. 127— THURSDAY, JULY 3, 1969 NOTICES 11247 bulk, in tank vehicles; (1) from Cleve­ sary, applicant requests it be held at South 28th Street, Milwaukee, Wis. land, Miss., to points in Louisiana, and Tampa, Fla., or Atlanta, Ga. 53246. Applicant’s representative: James Missouri; and (2) from Bryan, Cleve­ No. MC 123383 (Sub-No. 42), filed R. Ziperski (same address as above). Au­ land, and Wapakoneta, Ohio, to points June 11, 1969. Applicant: BOYLE thority sought to operate as a common in Indiana, Illinois, and Kentucky. BROTHERS, INC., 276 River Road, carrier, by motor vehicle, over irregular Note: Applicant states it does not intend Edgewater, N.J. 07020. Applicant’s repre­ routes, transporting: Liquors, malt, ale, to tack, and is apparently willing to ac­ sentative: Morton E. Kiel, 140 Cedar beer, beer tonic, porter, stout, and related cept a restriction against tacking, if war­ Street, New York, N.Y. 10006. Authority matter, from Pabst, Houston County, Ga., ranted. Applicant holds contract car­ sought to operate as a common carrier, to points in Tennessee, on and east of rier authority under MC 128161, there­ by motor vehicle, over irregular routes, Interstate Highway 65. N o te: Applicant fore dual operations may be involved. If transporting: (1) Such commodities as states it does not intend to tack, and is a hearing is deemed necessary, applicant are dealt in by a distributor of charcoal apparently willing to accept a restriction requests it be held at Indianapolis, Ind. and charcoal briquets, from Roseland against tacking, if warranted. If a hear­ No. MC 123054 (Sub-No. 9), filed June and Edgewater, N.J., to points in New ing is deemed necessary, applicant re­ 11, 1969. Applicant: R & H CORPORA­ Jersey, New York, Pennsylvania, and quests it be held at Milwaukee, Wis., or TION, 295 Grand Avenue, Clarion, Pa. Connecticut; and (2) fireplace logs, from Chicago, 111. 16214. Applicant’s representative: V. Orange, Va., and Roseland and Edge- No. MC 124154 (Sub-No. 29), filed Baker Smith, 2107 The Fidelity Build­ water, N.J., to points in Massachusetts, June 6, 1969. Applicant: WINGATE ing, Philadelphia, Pa. 19109. Authority Rhode Island, Cqnnecticut, New York, TRUCKING COMPANY, INC., Post Of­ sought to operate as a common carrier, New Jersey, Pennsylvania, Delaware, fice Box 645, Albany, Ga. 31702. Appli­ by motor vehicle, over irregular routes, Maryland, and the District of Columbia. cant’s representative: Monty Schuma­ transporting: Glass and plastic con­ N ote : Applicant states it does not intend cher, 2045 Peachtree Road NE., Suite tainers, closures, and ftberboard and to tack, and is apparently willing to ac­ 310, Atlanta, Ga. 30309. Authority sought pulpboard boxes, materials, and supplies cept a restriction against tacking, if to operate as a common carrier, by used in the manufacture of glass and warranted. If a hearing is deemed neces­ motor vehicle, over irregular routes, plastic containers, except in bulk in tank sary, applicant requests it be held at New transporting: Portable, set-up field and vehicles, between Brockport, N.Y.; the York, N.Y. construction-site type toilets, from Lower Peninsula of Michigan and No. MC 123639 (Sub-No. 113), filed Albany, Ga., to points in Alabama, Kentucky. N ote : Applicant states it does June 9, 1969. Applicant: J. B. MONT­ Florida, North Carolina, South Carolina, not intend to tack, and is apparently will­ GOMERY, INC., 5150 Brighton Boule­ and Tennessee, and return of rejected ing to accept a restriction against tack­ vard, Denver, Colo. 80216. Applicant’s and damaged shipments. N o te: Appli­ ing, if warranted. If a hearing is deemed representative: David Senseney, 3395 cant presently holds contract carrier necessary, applicant requests it be held South Bannock, Suite 126, Englewood, authority in MC 117504 Sub 1, therefore at Washington, D.C. Colo. 80110. Authority sought to operate dual operations may be involved. Appli­ No. MC 123091 (Sub-No. 7), filed as a common carrier, by motor vehicle, cant states it does not intend to tack, June 13, 1969. Applicant: NICK over irregular routes, transporting: and apparently is willing to accept a re­ STRIMBU, INC., 3500 Parkway Road, Meats, meat products, and meat byprod­ striction against tacking, if warranted. If Brookfield, Ohio 44403. Applicant’s rep­ ucts, and articles distributed by meat a hearing is deemed necessary, applicant resentative: Richard H. Brandon, 79 East packinghouses, as defined in sections A requests it be held at Atlanta, Ga., or State Street, Columbus, Ohio 43215. Au­ and C of appendix I to the report in De­ Washington, D.C. thority sought to operate as a common scriptions in Motor Carrier Certificates, No. MC 125358 (Sub-No. 2), filed carrier, by motor vehicle, over irregular 61 M.C.C. 209 and 766, except commodi­ June 12, 1969. Applicant: MID-WEST routes, transporting: (1) Plastic arti­ ties in bulk in tank vehicles and except TRUCK LINES, LTD., 1216 Fife Street, cles, from West Middlesex, Pa., and hides, from points in the Omaha, Nebr.- Winnipeg, Manitoba, Canada. Appli­ points in Hickory Township, Mercer Council Bluffs, Iowa, commercial zone, to cant’s representative: William S. Rosen, County, Pa., to points in Illinois, Indi­ points in Arizona, California, Connecti­ 630 Osborn Building, Saint Paul, Minn. ana, Delaware, Georgia, Maryland, cut, Illinois, Indiana, Massachusetts, 55102. Authority sought to operate as a Michigan, Missouri^ Kansas, California, Michigan, Nevada, New York, New contract carrier, by motor vehicle, over New Jersey, New York, Massachusetts, Hampshire, Ohio, Utah (except the Chi­ irregular routes, transporting: Parts, Ohio, Texas, and Wisconsin; and (2) cago, HI. commercial zone), and the Dis­ equipment, and materials, used in the materials and supplies used in the manu­ trict of Columbia. N o te: Applicant states manufacture and assembly of automo­ facture of plastic articles (except in it does not intend to tack, and is ap­ tive buses, from Chicago and Mattoon, bulk), from points in the above-described parently willing to accept a restriction 111.; Marion and Michigan City, Ind.; States to West Middlesex, Pa., and points against tacking if warranted. If a hear­ Cadillac, Pontiac, Warren, and Wayne, in Hickory Township, Mercer County, ing is deemed necessary, applicant re­ Mich.; Minneapolis, Minn.; Syracuse, Pa. Note : Applicant states that it does quests it be held at Omaha, Nebr. N.Y.; Akron, Columbus, Elyria, and not intend to tack, and is apparently will­ No. MC 123819 (Sub-No. 26), filed Kenton, Ohio; Erie, Pa.-; and Mineral ing to accept a restriction against tack- June 9, 1969. Applicant: ACE FREIGHT Point, Wis., to Pembina, N. Dak.; under mg, if warranted. If a hearing is deemed LINE, INC., 261 East Webster, Memphis, contract with Motor Coach Industries, necessary, applicant requests it be held Term. 38102. Applicant’s representative: Inc. N o t e : If a hearing is deemed neces­ at Columbus, Ohio. Bill R. Davis, 1600 First Federal Build­ sary, applicant requests it be held at No. MC 123383 (Sub-No. 41), filed ing, Atlanta, Ga. 30303. Authority sought Minneapolis, Minn., or Chicago, 111. ¿une li, 1969. Applicant: BOYLE to operate as a common carrier, by motor No. MC 125433 (Sub-No. 12), filed BROTHERS, INC., 276 River Road, vehicle, over irregular routes, transport­ June 8, 1969. Applicant: F-B TRUCK Bdgewater, N.J. 07020. Applicant’s rep­ ing: Liquid animal feed, liquid animal LINE COMPANY, a corporation, 1891 resentative: Morton E. Kiel, 140 Cedar feed supplements and molasses, from Mc- West 2100 South Street, Salt Lake City, street, New York, N.Y. 10006. Authority Comb, Miss., to points in Alabama, Ar­ Utah 84119. Applicant’s representatives: sought to operate as a common carrier, kansas, Florida, Georgia, Louisiana, Mis­ David J. Lister (same address as above), y motor vehicle, over irregular routes, sissippi, Tennessee, and Texas. N o te: also Duane W. Acklie, 521 South 14th ■^sporting: Gypsum and gypsum prod­ Applicant states it does not intend to Street, Post Office Box 806, Lincoln, Nebr. in \ md ma^er^a^s and accessories, used tack, and is apparently willing to accept 68501. Authority sought to operate as a i. ,,“*1® installation thereof (except in a restriction against tacking, if war­ common carrier, by motor vehicle, over in vfrom p°rt Clinton, Ohio, to points ranted. If a hearing is deemed necessary, irregular routes, transporting: (1) Gen­ Alabama, Georgia, Kentucky, and Ten- applicant requests it be held at Memphis, eral commodities (except those of un­ in Applicant states it does not Term, usual value, livestock, household goods as to a« i tack> is apparently willing No. MC 124078 (Sub-No. 386), filed defined by the Commission, and commod­ warvf* a ^teietion against tacking, if June 6, 1969. Applicant: SCHWERMAN ities in bulk), service shall be restricted anted. If a hearing is deemed neces­ TRUCKING CO., a corporation, 611 to traffic moving on Government bills of

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11248 NOTICES lading or on commercial bills of lading DISTRIBUTORS, Rural Route 2, West sary, applicant requests it be held at San containing endorsements approved in In­ Harrison, Ind., Post Office -Harrison, Francisco, Calif., or Seattle, Wash. terpretation of Government Rate Tariff, Ohio 45030. Applicant’s representative: No. MC 127705 (Sub-No. 26), filed between points in the United States (ex­ Jack B. Josselson, 700 Atlas Bank Build­ June 11, 1969. Applicant: KREVDA cept Hawaii and Alaska); (2) ordnance ing, Cincinnati, Ohio. 45202. Authority BROS. EXPRESS, INC., Post Office Box equipment, materials and supplies, and sought to operate as a contract carrier, 88, Gas City, Ind. Applicant’s represent­ quartermaster supplies, between points by motor vehicle, over irregular routes, ative: V. Baker Smith, 2107 The Fi­ in the United States (except Hawaii and transporting: Uncrated caskets, casket delity Building, Philadelphia, Pa. 19109. Alaska); and (3) general commodities displays, funeral supplies, and crated Authority sought to operate as a com­ (except those of unusual value, livestock, caskets, when moving with uncrated mon carrier, by motor vehicle, over ir­ household goods as defined by the Com­ caskets, (1) from Leesville, S.C., under regular routes, transporting: Glass and mission, and commodities in bulk), be­ contract with Imperial Casket Co., Inc.; plastic containers, closures, and fiber- tween military establishments in the (2) from Modoc, Ind., under contract board and pulpboard boxes, materials, United States (except Hawaii and with Elder Corp.; (3) from Connersville, and supplies used in the manufacture of Alaska). Note: Applicant states it does Ind., under contract with Connersville glass and plastic containers (except in not intend to tack, and is apparently will­ Casket Co.; and (4) from Brookville, bulk in tank vehicles); (1) between ing to accept a restriction against tack­ Ind., under contract with Franklin Man­ Brockport, N.Y., points in the Lower ing, if warranted. Applicant has pending ufacturing Co., to points in the United Peninsula of Michigan, and points in contract carrier authority in MC 133128 States (except Alaska and Hawaii), in Kentucky; and (2) between Clarion, Pa., Sub 2, therefore dual operations may be connection with (1) through (4) above, and points in the Lower Peninsula of involved. If a hearing is deemed neces­ and returned shipments of the above Michigan. Note: Applicant states it does sary, applicant requests it be held at commodities from the above-designated not intend to tack, and is apparently Washington, D.C., or Salt Lake City, destinations to the above-designated willing to accept a restriction against Utah. origin points. Note: Common control tacking, if warranted. If a hearing is No. MC 125951 (Sub-No. 11), filed June may be involved. If a hearing is deemed deemed necessary, applicant requests it 2, 1969. Applicant: SILVEY & COM­ necessary, applicant requests it be held be held at Washington, D.C. PANY, a corporation, South Omaha at Washington, D.C. No. MC 127774 (Sub-No. 3), filed June Bridge Road, Council Bluffs, Iowa 51501. No. MC 127122 (Sub-No. 2), filed 9, 1969. Applicant: HAINES TRANS­ Applicant’s representative: Donald L. June 2, 1969. Applicant: JOE MOSS, PORT, INC., Post Office Box 207, Green­ Stem, Suite 630, City National Bank doing business as SIMPSONVILLE GA­ field, Iowa 50849. Applicant’s represent­ Building, Omaha, Nebr. 68102. Authority RAGE WRECKER SERVICE, Box 66, ative: William L. Fairbank, 610 Hubbell sought to operate as a common carrier, Simpsonville, Ky. 40067. Applicant’s Building, Des Moines, Iowa 50309. Au­ by motor vehicle, over irregular routes, representative: Louis J. Amato, Post thority sought to operate as a common transporting: Meats, meat products, and Office Box E, Bowling Green, Ky. 42101. carrier, by motor vehicle, over irregular meat byproducts, and articles distributed Authority sought to operate as a com­ routes, transporting: Anhydrous am­ by meat packinghouses, as defined in mon carrier, by motor vehicle, over ir­ monia, in bulk, from the plantsite and sections A and C of appendix I to the regular routes, transporting: (1) storage facilities of Farmland Industries, report in Descriptions in Motor Carrier Wrecked, disabled, and repossessed Inc., located at or near Fort Dodge, Iowa, Certificates, 61 M.C.C. 209 and 766 (ex­ motor vehicles; (2) wrecked or disabled to points in Minnesota, Nebraska, and cept commodities in bulk, in tank ve­ trailers designed to be drawn by passen­ South Dakota. Note: Applicant states hicles, and except hides), from points in ger automobiles; and (3) replacement it does not intend to tack, and is appar­ Omaha, Nebr.-Council Bluffs, Iowa, com­ vehicles and parts thereof, by use of ently willing to accept a restriction mercial zone, to Boston, Mass., Philadel­ wrecker equipment only, between points against tacking, if warranted. If a hear­ phia, Pa., and New York City, N.Y., and in Kentucky on and west of U.S. High­ ing is deemed necessary, applicant re­ points in New Jersey within 5 miles of way 23 and points in Colorado, Illinois, quests it be held at Des Moines, Iowa, or New York City, N.Y. Note: Applicant Iowa, Kansas, Minnesota, Missouri, Kansas City, Mo. states it does not intend to tack, and Montana, Nebraska, New Mexico, North No. MC 127834 (Sub-No. 32) (Amend­ is apparently willing to accept a restric­ Dakota, Oklahoma, South Dakota, tion against tacking, if warranted. If a ment), filed April 13, 1969, published Texas, Wisconsin, and Wyoming. Note: F ederal R egister issue of May 8, 1969, hearing is deemed necessary, applicant Applicant states it will tack with its amended June 12, 1969, and republished requests it be held at Omaha, Nebr. existing authority under MC 127122 to as amended this issue. Applicant: No. MC 126473 (Sub-No. 10), filed enable services to Kentucky, Indiana, CHEROKEE HAULING & RIGGING, June 9, 1969. Applicant: HAROLD and points in the United States (except INC., 540-42 Merritt Avenue, Nashville, DICKEY TRANSPORT, INC., Packwood, Hawaii). If a hearing is deemed neces­ Term. 37203. Applicant’s representative: Iowa 52580. Applicant’s representative: sary, applicant requests it be held at Robert M. Pearce, Post Office Box E, William L. Fairbank, 610 Hubbell Build­ Louisville, Ky. Bowling Green, Ky. 42101. Authority ing, Des Moines, Iowa 50309. Authority No. MC 127539 (Sub-No. 11), filed sought to operate as a common carrier, sought to operate as a common carrier, June 16, 1969. Applicant: PARKER by motor vehicle, over irregular routes, by motor vehicle, over irregular routes, REFRIGERATED SERVICE, INC., 3533 transporting: (1) Commodities which transporting: Anhydrous ammonia, in East 11th Street, Tacoma, Wash. 98421. because of size or weight require the use bulk, (1) from the storage facilities of Applicant’s representative: George R. of special equipment or handling; and Central Farmers Fertilizer Co., located LaBissoniere, 1424 Washington Building, (2) commodities which do not require at or near Spencer, Iowa, to points in Seattle, Wash. 98101. Authority sought the use of special equipment or special Iowa, Minnesota, Nebraska, North Da­ to operate as a common carrier, by motor handling when moving in the same ve­ kota, South Dakota, and Wisconsin; and vehicle, over irregular routes, transport­ hicle with commodities the transporta­ (2) from the storage facilities of Gulf ing: Frozen foods, and food products tion of which because of size or weight Central Pipeline Co., located at or near requiring mechanical refrigeration and require the use of'special equipment or Marshalltown, Iowa, to points in Illinois, exempt commodities, when moving handling; (a) between military installa­ Iowa, Minnesota, Missouri, and Wiscon­ therewith; (1) from points in California tions or Defense Department establish­ sin. Note: Applicant states it does not and Oregon to points in Washington; ments in the United States (except Intend to tack, and is apparently willing Hawaii); and (b) between points in (a) to accept a restriction against tacking, if and (2) from points in California to points in Oregon. Note : Applicant states above on the one hand, and, on the warranted. If a hearing is deemed neces­ it does not intend to tack, and is appar­ other, points in the United States (ex­ sary, applicant requests it be held at Des ently willing to accept a restriction cept Hawaii). N ote: Applicant states it Moines, Iowa, or Chicago, HI. against tacking, if warranted. Applicant does not intend to tack, and is apparently No. MC 126835 (Sub-No. 22), filed has contract carrier authority in MC willing to accept a restriction against June 11, 1969. Applicant: EDGAR 124593, therefore dual operations may be tacking, if warranted. The purpose of tins BISCHOFF, doing business as CASKET involved. If a hearing is deemed neces­ republication is to redescribe commodity

FEDERAL REGISTER, V O L 34, NO. 127— THURSDAY, JULY 3, 1969 NOTICES 11249 description in (2) above. If a hearing is Florence, Ky., to points in Iowa, Kansas, No. MC 133681 (Clarification), filed deemed necessary, applicant requests it Michigan, Minnesota, Missouri, Nebras­ April 21, 1969, published in F ederal be held at Washington, D.C. ka, North Dakota, South Dakota, and R egister issue of May 15, 1969, and re­ No. MC 127903 (Sub-No. 2), filled Wisconsin. N o te: Applicant holds con­ published as clarified this issue. Ap­ June 9,1969. Applicant: H & M TRANS­ tract carrier authority under Docket No. plicant: BIG CHET & SONS TRUCK­ PORT CO., INC., Rudd, Iowa 50471. MC 127093 and subs, therefore, dual op­ ING, INC., 203 Diamond Street, Brook­ Applicant’s representative: William L. erations may be involved. Applicant lyn, N.Y. 11232. Applicant’s representa­ Fairbank, 610 Hubbell Building, Des states it does not intend to tack, and is tive: Arthur J. Piken, 160-16 Jamaica Moines, Iowa 50309. Authority sought to apparently willing to accept a restriction Avenue, Jamaica, N.Y. 11432. Authority operate as a common carrier, by motor against tacking, if warranted. If a hear­ sought to operate as a contract carrier, vehicle, over irregular routes, transport­ ing is deemed necessary, applicant re­ by motor vehicle, over irregular routes, ing: Anhydrous ammonia, in bulk, from quests it be held at Louisville, Ky. transporting: (1) Toilet preparations, the terminals located on the ammonia No. MC 129645 (Sub-No. 9), filed June soaps, lotions, perfumes, creams, pipeline of MAPCO., Inc., located at or 10, 1969. Applicant: BASIL J. SMEES­ powders, materials, and supplies used in near "Whiting, Early, and Garner, Iowa TER AND JOSEPH G. SMEESTER, a the preparation of the aforesaid com-» to points in Illinois, Iowa, Minnesota, partnership, doing business as SMEES­ modifies, between New York, N.Y., com­ Nebraska, North Dakota, South Dakota, TER BROTHERS TRUCKING, 1330 mercial zone, on the one hand, and, on and Wisconsin. N ote : Applicant states it South Jackson Street, Iron Mountain, the other, points in Hudson and Mon­ does not intend to tack, and is appar­ Mich. 49801. Applicant’s represenative: mouth Counties, N.J.; and (2) returned ently willing to accept a restriction Louis J. Amato, Post Office Box E, Bowl­ and rejected shipments, on return, under against tacking, if warranted. If a hear­ ing Green, Ky. 42101. Authority sought contract with.Sacoma Cosmetiques, LCR ing is deemed necessary, applicant re­ to operate as a common carrier, by motor Sales Services, B. H. Kruger, Inc., and quests it be held at Des Moines, Iowa. vehicle, over irregular routes, transport­ Vitabath Inc. N ote : The purpose of this No. MC 128412 (Sub-No. 1)., filed ing: Gypsum products, from Fort Dodge, republication is to show under contract June 9, 1969. Applicant: LO-TEMP EX­ Iowa, to points in Arkansas, Kentucky, with B. H. Kruger, Inc., in lieu of B. H. PRESS, INC., 1810 Tenth Avenue, and Michigan. Note: Applicant states it Kaufear, Inc., as previously published. If Altoona, Pa. 16603. Applicant’s represent­ does not intend to tack, and is apparently a hearing is deemed necessary, applicant ative: Arthur J. Diskin, 806 Frick Build­ willing to accept a restriction against reouests it be held at New York, N.Y. ing, Pittsburgh, Pa. 15219. Authority tacking, if warranted. Applicant holds No. MC 133685 (Sub-No. 2) (Correc­ sought to operate as a contract carrier, contract carrier authority under MC tion) , filed May 26,1969, published in the by motor vehicle, over irregular routes, 127093 and Subs thereunder, therefore, F ederal R egister issue of June 26, 1969, transporting: Confectioneries and con­ dual operations may be involved. If - a corrected, and republished as corrected, fectionery products, from Altoona, Pa., hearing is deemed necessary, applicant this issue. Applicant: CARROLL to points in West Virginia; under con­ requests it be held at Nashville, Tenn. TRUCKING, INC., 8001 Douglas Avenue, tinuing contract with Boyer Bros., Inc., No. MC 133182, filed June 10, 1969. Gaithersburg, Md. 20760. Applicant’s of Altoona, Pa. N o te: If a hearing is Applicant: LEON OLSEN, ALBERT representative: Martin Sterenbuch, 1120 deemed necessary, applicant requests it OLSEN, AND WILLIAM OLSEN, a Connecticut Avenue, Washington, D.C. be held at Washington, D.C., or Pitts­ partnership, doing business as LEON 20036. Authority sought to operate as a burgh, Pa. OLSEN TRUCKING COMPANY, 900 contract carrier, by motor vehicle, over No. MC 129529 (Sub-No. 2), filed June Wisconsin Street, Pine Bluff, Ark. 71601. irregular routes, transporting: Lumber, 6,1969. Applicant: ADOLPH L. MARCH- Applicant’s representative: Donald R. plumbing supplies and fixtures, and FELD, doing business as THRUWAY Partney, 35 Glenmere Drive, Little Rock, electrical supplies, from Frederick Junc­ MESSENGER SERVICE, Post Office Box Ark. 72204. Authority sought to operate tion, Md., to points in Maryland, the Dis­ 11. Pearl River, N.Y. 10965. Applicant’s as a common carrier, by motor vehicle, trict of Columbia, points in Adams, representative: George A. Olsen, 69 Ton- over irregular routes, transporting: Cumberland, Franklin, and York Coun­ nele Avenue, Jersey City, N.J. 07306. Au­ Bauxite ore in bulk, in dump vehicles, ties, Pa., points in Arlington, Clarke, thority sought to operate as a common from barge line port or ports on the Fairfax, Fauquier, Frederick, Loudoun, carrier, by motor vehicle, over irregular Arkansas River at or near Little Rock, Prince William, and Warren Counties, routes, transporting: Machines, mate- Va., and Alexandria, Va., and points in nols, equipment, and supplies, used by or Ark., to Reynolds Metals Co. plant at or near Bauxite-, Ark. N ote : Applicant Berkeley, Grant, and Jefferson Counties, useful in the manufacture or sale of copy- states it does not intend to tack, and W. Va., and returned shipments of the machines (except commodities in is apparently willing to accept a restric­ above-specified commodities, from the bulk), in specialized delivery service, be­ tion against tacking, if warranted. If above-described destination points to tween the plantsite of Xerox Corp., Blau- a hearing is deemed necessary, applicant Frederick Junction, Md. Restriction: The Vfu NY\on the one hand, and, on the requests it be held at Little Rock, Ark. operations herein are limited to a trans­ other, points in Nassau and Suffolk No. MC 133239 (Sub-No. 1), filed June portation service to be performed under bounties, N.Y.; and New York, N.Y. and 6, 1969. Applicant: SANDNER BROTH­ a continuing contract, or contracts with Points in New Jersey. N o te: Applicant ERS TRANSPORT LTD., Post Office Box the Wickes Lumber & Building Supplies states it does not intend to tack, and is Division of the Wickes Corp., Frederick apparently willing to accept a restriction 40, Cascade, British Columbia, Canada. Applicant’s representative: Hugh A. Junction, Md. N o t e : The purpose of this against tacking, if warranted. If a hear- Dressel, 702 Old National Bank Build­ republication is to include Alexandria, is deemed necessary, applicant re- ing, Spokane, Wash. 99201. Authority Va., as a destination point, which was R t>e held at Washington, D.C., or New York, N.Y. sought to operate as a common carrier, inadvertently omitted from previous by motor vehicle, over irregular routes, publication. If a hearing is deemed q 129645 (Sub-No. 8), filed June transporting: Lumber, rough and necessary, applicant requests it be held axrr.69, APPhcant: BASIL J. SMEESTER finished, and stone, from points in Pend at Washington, D.C. AND JOSEPH G. SMEESTER, a part- Oreille, Stevens, Ferry, Okanogan, and No. MC 133780 (Sub-No. 1), filed n™ .?’ doing business as SMEESTER Spokane Counties, Wash., to ports of June 4, 1969. Applicant; WILLIAM A. S ? THERS TRUCKING, 1330 South entry on the international boundary line SPARGER, 16501 South Crawford Ave­ 4Qfinf°n street, Iron Mountain, Mich, ui. Applicant’s representative: Louis between the United States and Canada nue, Markham (Tinley Park), 111. 60477. • Amato, Post Office Box E, Bowling located in Washington. Note: Applicant Applicant’s representative: Robert W. states it does not intend to tack, and is Loser, 409 Chamber of Commerce ooprit Ky' 42101- Authority sought to apparently willing to accept a restriction Building, Indianapolis, Ind. 46204. Au­ vphi i 85 a pommon carrier, by motor in^m°ner insular routes, transport- against tacking, if warranted. If a hear­ thority sought to operate as a contract bofflivi roofing and insulation ing is deemed necessary, applicant re­ carrier, by motor vehicle, over irregular u

No. 127----- io FEDERAL REGISTER, V O L 34, NO. 127— THURSDAY, JULY 3, 1969 11250 NOTICES in Descriptions in Motor Carrier Certif­ access roads to the Delaware Memorial New York, N.Y., and between Wayne, icates, 61 M.C.C. 209, and, including, Bridge, Pennsville Township, N.J. (for­ N.J., and New York, N.Y., and proposes chocolate drinks, chocolate milk, cottage merly Lower Penns Neck Township, to use such new route in serving all cheese, fruit juices, fresh and frozen, N.J.), and return over the same route, points on its existing routes in New Jer­ sour cream, dip-n-dressing, and yogurt, serving all intermediate points; (2) be­ sey. If a hearing is deemed necessary, and puddings, from the plantsite and tween Swedesboro and Logan Township, applicant requests it be held at Newark, warehouse facilities of Sealtest Poods N.J.: Prom Swedesboro, N.J., over un­ N.J., or New York, N.Y. Division of Draftco, Milwaukee, Wis., to numbered highways to junction Inter­ No. MC 129841 (Sub-No. 1), filed the plant and warehouse facilities of state Highway 295, Logan Township, N.J., June 5, 1969. Applicant: WHITFIELD Sealtest Poods Division of Kraftco, thence from junction Interstate Highway BUS LINES, INC, Post Office Drawer South Bend, Ind., under a continuing 295 and unnumbered highway, over un­ 9897, El Paso, Tex. 79980. Applicant’s contract, or contracts with Sealtest numbered highways (via Center Square, representative: W. D. Benson, Jr., Post Poods Division of Kraftco, New York, N.J.) to junction U.S. Highway 130, Office Box 6723, Lubbock, Tex. 79413. Au­ N.Y.; and (2) empty containers, out­ Logan Township, N.J., and return over thority sought to operate as a contract dated merchandise, spoiled merchandise, the same route, serving all intermediate carrier, by motor vehicle, over irregular on return. N o te: If a hearing is deemed points; (3) between points in Oldmans routes, transporting: Passenger (aliens), necessary, applicant requests it be held Township, N.J.: From junction Inter­ armed guards, and their baggage in spe­ at Chicago, 111., or Indianapolis, Ind. state Highway 295 and unnumbered cial operations, between El Paso, Tex., No. MC 133800, filed June 5, 1969. Ap­ highway, over unnumbered highways and points in New Mexico, Texas, Ari­ plicant: RAYMOND SANDLIN, JR. AND (via Pedricktown, N.J.) to junction U.S. zona, California, Utah, and Colorado, JANICE SANDLIN, a partnership, doing Highway 130, and return over the same under contract with U.S. Department of business as SANDLIN TRUCKING, route, serving all intermediate points; Justice, Immigration and Naturalization Route 1, Greensburg, Ind. 47240. Appli­ (4) between Upper Penns Neck Town­ Service. N o te: Common control and cant’s representative: Donald W. Smith, ship and Penns Grove, N.J.: From junc­ dual operations may be involved. If a 900 Circle Tower, Indianapolis, Ind. tion Interstate Highway 295 and New hearing is deemed necessary, applicant 46204. Authority sought to operate as a Jersey Highway 48, Upper Penns Neck requests it be held at El Paso, Tex. contract carrier, by motor vehicle, over Township, N.J., over New Jersey Highway irregular routes, transporting: (1) Malt 48 to Penns Grove, N.J., and return over Application for B rokerage License beverages, from Milwaukee, Wis., Peoria, the same route, serving all intermediate No. MC 12729 (Sub-No. 1) (Clarifica­ 111., and St. Paul, Minn., to Greensburg, points; and (5) between points in Upper tion), filed May 4, 1969, published Fed­ Ind., and used, empty malt beverage con­ Penns Neck Township, N.J.: (a) From eral R egister, issue of June 5, 1969, and tainers, on return, under a continuing junction Interstate Highway 295 and un­ republished as clarified this issue. Appli­ contract with Tree City Beverage, Inc.; numbered highway, over unnumbered cant: NEWBURGH TERMINAL COR­ and (2) malt beverages, from Peoria, 111., highway to junction U.S. Highway 130, PORATION, 351 Broadway, Newburgh, and Cincinnati, Ohio, to North Vernon, and return over the same route, serving N.Y. 12550. Applicant’s representative: Ind., and used, empty malt beverage con­ all intermediate points; and (b) from Samuel B. Zinder, Station Plaza East, tainers, on return, under a continuing junction New Jersey Turnpike Inter­ Great Neck, N.Y. 11021. For a license contract with Jennings Beverage Co. change No. 1 and unnumbered highway, (BMC-5) to engage in operations as a N o te: If a hearing is deemed necessary, over unnumbered highways to junction broker at Newburgh, N.Y., in arranging applicant requests it be held at Indian­ U.S. Highway 130, and return over the for the transportation in interstate or apolis, Ind. same route, serving all intermediate foreign commerce of passengers and their No. MC 133811, filed June 10, 1969. points. N o te: Applicant states it proposes baggage, between points in the United Applicant: H. E. McCONNELL AND H. to tack proposed routes with existing States (except Hawaii). N o te: The pur­ E. McCONNELL, JR., a partnership, do­ routes. If a hearing is deemed necessary, pose of this republication is to delete any ing business as H. E. McCONNELL & applicant requests it be held at Phila­ reference to charter and special opera­ SON, 5117 V2 Broadway, North Little delphia, Pa., or Wilmington, Del. tions, and both as individuals and groups, Rock, Ark. 72117. Applicant’s represent­ No. MC 110373 (Sub-No. 13), filed since applicant proposes to provide serv­ ative: Donald R. Partney, 35 Glenmere June 9, 1969. Applicant: NORTHEAST ice for any, and all types of passengers, Drive, Little Rock, Ark. 72204. Authority COACH LINES, Joseph Thieberg, Re­ including regular-route service. sought to operate as a common carrier, ceiver, 730 Madison Avenue, Paterson, by motor vehicle, over irregular routes, A pplications in W hich H andling With­ N.J. Applicant’s representative: Edward out O ral H earing H as B een R equested transporting: Bauxite ore, in bulk, in F. Bowes, 744 Broad Street, Newark, N.J. dump vehicles, from barge line port or 07102. Authority sought to operate as a No. MC 120575 (Sub-No. 3), filed ports on the Arkansas River at or near common carrier, by motor vehicle, over May 15, 1969. Applicant: AZTEC Little Rock, Ark., to the plantsite of regular routes, transporting: Passengers TRANSPORTATION CO., INC., 1211 Reynolds Metals Co., located at or near and their baggage and express mail and South 32d Street, San Diego, Calif. 92113. Bauxite, Ark. N ote: If a hearing is newspapers in the same vehicles with Applicant’s representative: Donald deemed necessary, applicant requests it passengers, between Pequannock and Murchison, Suite 211, Beverly Hills, Calif. be held at Little Rock, Ark. Wayne Township, N.J., from the junction 90212. Authority sought to operate as a common carrier, by motor vehicle, over M otor Carrier of P assengers of Newark-Pompton Turnpike and Lin­ coln Park Road in Pequannock to the regular and irregular routes, transport­ No. MC 3647 (Sub-No. 414), filed June municipal boundary line of Lincoln Park ing: (1) Over irregular routes: General 2, 1969. Applicant: PUBLIC SERVICE and Pequannock, at which point Lincoln commodities (except commodities of COORDINATED TRANSPORT, a cor­ Park Road becomes Ryerson Road, unusual value, classes A and B explosives, poration, 180 Boyden Avenue, Maple­ thence over Ryerson Road to junction household goods as defined by the Com­ wood, N.J. 07040. Applicant’s representa­ Ryerson Road and Comly Road, thence mission, commodities in bulk, and those tive: Richard Fryling (same address as over Comly Road to junction U.S. High­ requiring special equipment) between applicant). Authority sought to operate way 202, also called New Jersey Highway points in that part of California on and as a common carrier, by motor vehicle, 32, thence over U.S. Highway 202 (New within a boundary line beginning at a over regular routes, transporting: Pas­ Jersey Highway 32) to junction New Jer­ point where the boundary line between sengers and their baggage, and express, sey Highway 23 in Wayne and those San Diego and Orange Counties inter­ and newspapers, in the same vehicle places in Lincoln Park and Pequannock sects the shoreline of the Pacific Ocean, with passengers; (1) between West Dept­ Township, more than 1,500 feet north thence in a general easterly direction ford and Pennsville Townships, N.J.: of the intersection of Comly Road and along said county boundary line to it® Prom junction Interstate Highway 295 U.S. Highway 202 in Lincoln Park. N ote: intersection with California Highway 79» and U.S. Highway 130, West Deptford Applicant states that it proposes to join thence southerly along said State High­ Township, N.J., over Interstate Highway the authority sought with its present au­ way to its junction with U.S. Highway w* 295 to junction U.S. Highway 130 and thority, between Pequannock, N.Y., and thence along an imaginary line due soutn

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 NOTICES 11251 to the international boundary line be­ prior or subsequent movement, in con­ Tariff—Supplement 52 to Southern tween the United States and Mexico, tainers, beyond the points authorized Freight Association, agent, tariff ICC thence westerly along said international and further restricted to the perform­ S-751. boundary line to the shoreline of the ance of pickup and delivery service in FSA No. 41680—Flourspar to Middle- Pacific Ocean, thence northerly alohg connection with packing, crating, and town, Ohio. Filed by Traffic Executive said shoreline to the point of beginning; containerization, or unpacking, uncrat­ Association—Eastern Railroads, agent and, (2) over regular routes, transport­ ing, and decontainerization of such (E. R. No. 2951), for interested rail car­ ing ' general commodities between San traffic. riers. Rates on flourspar, in packages or Diego, Calif., on the one hand, and, on By the Commission. in bulk, in carloads, as described in the the other, Borrego Springs and Borrego application, from Rosiclare, Junction, Valley, Calif.: Prom Borrego Springs [seal] H. N eil G arson, and Shawneetown, 111., also Marion and and Borrego Valley over San Diego Secretary. Mexico, Ky., to Middletown, Ohio. County Road S3 to junction with Cali­ [F.R. Doc. 69-7807; Filed, July 2, 1969; Grounds for relief—Truck-barge-truck fornia Highway 78, thence over Cali­ 8:45 a.m.] and market competition. fornia Highway 78 to Ramona, thence Tariffs—Supplement 20 to The Balti­ over California Highway 67 to intersec­ more and Ohio Railroad Co. tariff ICC tion with San Diego County Road S4, FOURTH SECTION APPLICATIONS FOR 24857, and supplement 95 to Illinois thence over San Diego County Road S4 RELIEF Central Railroad Co. tariff ICC A-11788. to junction with U.S. Highway 395, J une 30, 1969. FSA No. 41681—Barley from specified thence over U.S. Highway 395 to San points in Montana. Filed by the North Diego, and return over the same route, Protests to the granting of an appli­ Pacific Coast Freight Bureau, agent (No. serving all intermediate points. (3) As cation must be prepared in accordance 69-5), for interested rail carriers. Rates an alternate route in connection with with Rule 1100.40 of the general rules on barley, feed grade, in carloads, from regular route authority, and fjor operat­ of practice (49 CFR 1100.40) and filed specified points in Montana, to Quincy ing convenience only serving the junc­ within 15 days from the date of publica­ and Wenatchee, Wash. tion of San Diego County Road S3 and tion of this notice in the F ederal Grounds for relief—Truck competition. California Highway 78 at Julian for R egister. Tariff—Supplement 45 to North Pacific joinder purposes only, and San Diego via Long- and-S hort H aul Coast Freight Bureau, agent, tariff ICC U.S. Highway 80, California Highway 79 Jrll7. and U.S. Highway 80, with no authority FSA No. 41676—Chlorine from Loui­ , FSA No. 41683—Carbon dioxide to St. to serve any point thereon. N ote: Appli­ siana points to Florida points. Filed by Louis, Mo. Filed by O. W. South, Jr., cant proposes to tack authorities, and O. W. South, Jr., agent (No. A6110), for agent (No. A6112), for interested rail interchange equipment and interline interested rail carriers. Rates on chlorine, carriers. Rates on carbon dioxide, lique­ traffic with existing carrier service. Ap­ in tank carloads, as described in the ap­ fied, in tank carloads, as described in the plicant states the sole purpose of its ap- plication, from Geismar, Baton Rouge, application, from New Orleans, La., to lication is to convert its California Cer­ and North Baton Rouge, La., to Pensacola St. Louis, Mo. tificate of Registration MC 120575 Sub 1 and Cantonment, Fla. Grounds for relief—Market competi­ and Sub 2 into a certificate of public con­ Grounds for relief—Barge-truck com­ tion. venience and necessity. No new territory, petition. Tariff—Supplement 29 to Southern commodity authorization, or operation is Tariff—Supplement 100 to Southern Freight Association, agent, tariff ICC sought, and that necessity for conver­ Freight Association, agent, tariff ICC S-800. sion of authority rests in its present and S-699. future operations into the Republic of FSA No. 41677—Caustic soda from Aggregate- of-I ntermediates Mexico. points in Louisiana. Filed by O. W. South, FSA No. 41682—Barley from specified No. MC 133381 (Sub-No. 1), filed Jr., agent (No. A6111), for interested rail points in Montana. Filed by the North June 11, 1969. Applicant: SIDNEY R. carriers. Rates on sofium (soda), caustic Pacific Coast Freight Bureau, agent (No. DREXLER, Route 2, Box 249, St. Charles, (sodium hydroxide), in tajik carloads, as 69-4), for interested rail carriers. Rates HI. 60174. Applicant’s representative:, described in the application, from Geis­ on barley, feed grade, in carloads, from Robert T. LawleV, 306-308 Reisch Build­ mar, Baton Rouge, North Baton Rouge, specified points in Montana, to Quincy ing, Springfield, 111. 62701. Authority and Gramercy, La., to Cantonment and and Wenatchee, Wash. sought to operate as a common carrier, Pensacola, Fla. Grounds for relief—Maintenance of by motor vehicle, over irregular routes, Grounds for relief—Barge and market depressed rates published to meet pri­ transporting: Horses, other than ordi­ competition. vate truck competition without use of nary, between points in Illinois, on the Tariff—Supplement 100 to Southern such rates as factors in constructing one hand, and, on the other, points in Freight Association, agent, tariff ICC combination rates. the United States (except Alaska and S-699. Tariff—Supplement 45 to North Pacific Hawaii). Note: Applicant states it does FSA No. 41678—Clay, kaolin or pyro- Coast Freight Bureau, agent, tariff ICC not intend to tack, and is apparently phyllite to points in official territory. 1117. willing to accept a restriction against Filed by O. W. South, Jr., agent (No. tacking if warranted. A6108), for interested rail carriers. Rates By the Commission. No. MC 133813, filed June 11, 1969.. on clay, kaolin, or pyrophyllite, in car­ [seal] H. N eil Garson, Applicant: FORD VAN LINES, INCOR­ loads, as described in the application, Secretary. PORATED, 5600 Cornhusker Hiway, from Letohatchie and Montgomery, Ala., [F.R. Doc. 69-7876; Filed, July 2, 1969; Lincoln, Nebr. 68507. Applicant’s repre­ to points in official territory. 8:49 a.m.] sentative: Charles E. Wright, 700 First Grounds for relief—Rate relationship. Tariff—Supplement 51 to Southern National Bank Building, Lincoln, Nebr. [Notice 860] 68508. Authority sought to operate as a Freight Association, agent, tariff ICC common carrier, by motor vehicle, over S-751. MOTOR CARRIER TEMPORARY irregular routes, transporting: Used FSA No. 41679—Clay, kaolin or pyro­ AUTHORITY APPLICATIONS wusehold goods, between Lincoln and phyllite to points in Illinois Freight As­ Omaha, Nebr., and points in Richardson, sociation territory. Filed by O. W. South, J une 30,1969. Nemaha, Pawnee, Johnson, Gage, Jef- Jr., agent (No. A6109), for interested rail The following are notices of filing of jerson, Thayer, Saline, Fillmore, York, carriers. Rates on clay, kaolin or pyro­ applications for temporary authority un­ Platte, Burt, Cuming, Colfax, phyllite, in carloads, as described in the der section 210a(a) of the Interstate °dge, Washington, Douglas, Saunders, application, from Aberdeen, Miss., and Commerce Act provided for under the Lancaster, Seward, Cass, Otoe, points taking same rates,, to points in new rules of Ex Parte No. MC-67 (49 na Sarpy Counties, Nebr., restricted to Illinois Freight Association territory. CFR Part 340), published in the F ederal e transportation of traffic having a Grounds for relief—Rate relationship. R egister, issue of April 27,1965, effective

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11252 NOTICES July 1, 1965. These rules provide that sion, Bureau of Operations, 2022 Federal Counties, N.J., and points in Cecil protests to the granting of an applica­ Building, Denver, Colo. 80202. County, Md., for 180 days. Supporting tion must be filed with the field official No. MC 95540 (Sub-No. 752 TA), filed shipper: Xerox Corp., Route 303, Blau­ named in the F ederal R egister publica­ June 23, 1969. Applicant: WATKINS velt, N.Y. 10913. Send protests to: District tion, within 15 calendar days after the MOTOR LINES, INC., 1120 West Griffin Supervisor Roger L. Buchanan, Inter­ date of notice of the filing of the appli­ Road, Lakeland, Fla. 33801. Applicant’s state Commerce Commission, Bureau of cation is published in the F ederal R eg­ representative: Paul E. Weaver (same Operations, 219 S. Dearborn Street, ister. One copy of such protest must be address as above). Authority sought to Chicago, 111. 60604. served on the applicant, or its authorized operate as a common carrier, by motor No. MC 116947 (Sub-No. 9 TA), filed representative, if any, and the protests vehicle, over irregular routes, transport­ June 24, 1969. Applicant: HUGH H. must certify that such service has been ing: Bananas, plantains, pineapples, and SCOTT, doing business as SCOTT made. The protests must be specific as coconuts, from Wilmington, Del., to TRANSFER CO., 920 Ashby Street SW., to the service which such protestant can points in Maryland, Virginia, West Vir­ Atlanta, Ga. 30310. Applicant’s repre­ and will offer, and must consist of a ginia, North Carolina, South Carolina, sentative: William Addams, Suite 527, signed original and six copies. Georgia, Florida, Tennessee, Alabama, 1776 Peachtree Street NW., Atlanta, Ga. A copy of the application is on file, Kentucky, Arkansas, Missouri, Illinois, 30309. Authority sought to operate as a and can be examined at the Office of the Indiana, Ohio, Pennsylvania, New York, contract carrier, by motor vehicle, over Secretary, Interstate Commerce Commis­ New Jersey, Connecticut, Massachusetts, irregular routes, transporting: Cut tin sion, Washington, D.C., and also in the Vermont, New Hampshire, Maine, Rhode plate, lacquer in drums, metal contain­ field office to which protests are to be Island, Iowa, Minnesota, North Dakota, ers, metal container ends, pallets, paper transmitted. South Dakota, Nebraska, Kansas, Okla­ shrouds, chipboard, and bottle caps (1) homa, Texas, Colorado, Michigan, and between the plantsites of Crown Cork & Motor Carriers op P roperty Wisconsin, for 180 days. Supporting Seal Co., Inc., at Atlanta, Ga., Spartan­ No. MC 23196 (Sub-No. 8 TA), filed shipper: West Indies Fruit Co., Post Of­ burg, S.C.; Birmingham, Ala.; and Or­ June 23, 1969. Applicant: WEISS fice Box 1940, Miami, Fla. 33101. Send lando and Bartow, Fla.; (2) between the TRANSPORTATION CO., Richmond protests to: District Supervisor Joseph plantsites set out in (1) above and points and Cambria Streets, Philadelphia, Pa. B. Teichert, Interstate Commerce Com­ in Georgia, South Carolina, Alabama, 19134. Applicant’s representative: mission, Bureau of Operations, Room and Florida, for 150 days. Supporting M. Mark Mendel, 1901 P.S.F.S. Building, 1226, 51 Southwest First Avenue, Miami, shipper: Crown Cork & Seal Co., Inc., Philadelphia, Pa. 19107. Authority sought Fla. 33130. 9300 Ashton Road, Post Office Box 6208, to operate as a common carrier, by motor No. MC 112822 (Sub 120 TA) filed Philadelphia, Pa. 19136. Send protests to: vehicle, over irregular routes, transport­ June 23, 1969. Applicant: BRAY LINES William L. Scroggs, District Supervisor, ing: Appliances, household and com­ INCORPORATED, Post Office Box 1191, Interstate Commerce Commission, Bu­ mercial, as well as merchandise sold by 1401 North Little, Cushing, Okla. 74023. reau of Operations, Room 309,1252 West Silo, Inc., from Philadelphia, Pa., stores Applicant’s representative: Joe W. Bal­ Peachtree Street NW., Atlanta Ga. and warehouses of Silo, Inc., to points in lard (same address as above). Authority 30309. Delaware and New Jersey, N.J., limited sought to operate as a common carrier, No. MC 121489 (Sub-No. 4 TA) (Cor­ to points in that portion of New Jersey by motor vehicle, over irregular routes, rection), filed April 1, 1969, published south of Highway 33, for 150 days. Sup­ transporting: Plastic pipe, plastic tubing, F ederal R egister, issue of April 9, 1969, porting shipper: Silo, Inc., 6900 Lindr plastic conduit, plastic mouldings, valves, and republished as corrected this issue. bergh Boulevard, Philadelphia, Pa. Send fittings, compounds, joint sealer, bonding Applicant: NEBRASKA-IOWA EX­ protests to: R. A. Davis, District Super­ cement, thinner, vinyl building products PRESS, INC., 525 Jones Street, Omaha, visor, Interstate Commerce Commission, and accessories used in the installation of Nebr. 68100. Applicant’s representative: Bureau of Operations, Second and Chest­ such products, from McPherson, Kans., William S. Rosen, 630 Osborn Building, nut Streets, 900 U.S. Customhouse, Phila­ to points in Arizona, Colorado, Idaho, St. Paul, Minn. Authority sought to op­ delphia, Pa. 19106. Montana, Nevada, New Mexico, Utah, erate as a common carrier, by motor No. MC 60012 (Sub-No. 78 TA) (Cor­ and Wyoming, for 150 days. Supporting vehicle, over irregular routes, transport­ rection), filed March 28, 1969, published shipper: J. J. Knotts, Jr., Traffic Man­ ing: Corrugated containers and parts F ederal R egister, issue of April 8, 1969, ager, Plastics Division, Certain-Teed thereof, from Omaha, Nebr., to points in and republished as corrected this issue. Products Corp., Box 887, McPherson, Colorado, IOwa, Kansas, South Dakota, Applicant: RIO GRANDE MOTOR Kans. 67460. Send protests to: C. L. Phil­ and Wyoming and to points in that part WAY, INC., 1400 West 52d Avenue, Den­ lips, District Supervisor, Interstate Com­ of Missouri on and west of U.S. Highway ver, Colo. 80221. Applicant’s representa­ merce Commission, Bureau of Operations, 63, for 150 days. N o t e : Applicant intends tive: Warren D. Braucher, 1531 Stout Room 240, Old Post Office Building, 215 to tack the authority and or interline Street, Denver, Colo. 80202. Authority Northwest Third, Oklahoma City, Okla. with other carriers. The purpose of this sought to operate as a common carrier, 73102. republication is to include tacking and by motor vehicle, over regular routes, No. MC 114533 (Sub-No. 192 TA), filed interlining information, inadvertently transporting: General commodities (ex­ June 23, 1969. Applicant: BANKERS omitted in previous publication. Sup­ cept those of unusual value, livestock, DISPATCH CORPORATION, 4970 South porting shipper: Weyerhaeuser Co., 100 household goods as defined by the Com­ Archer Avenue, Chicago, 111. 60632. Ap­ South Wacker Drive, Chicago, HI. 60606. mission, commodities in bulk, and those plicant’s representative: Stanley Komosa Send protests to: K. P. Kohrs, District requiring special equipment), serving (same address as above). Authority Supervisor, Interstate Commerce Com­ Pueblo Army Depot, at or near Avondale, sought to operate as a common carrier, mission, Bureau of Operations, 705 Fed­ Colo., as an off-route point in connection by motor vehicle, over irregular routes, eral Office Building, Omaha, Nebr. 68102. with carrier’s regular-route operations, transporting: Small parts, components, No. MC 125871 (Sub-No. 6 TA), AJed for 180 days. N ote: Applicant intends to and supplies used in the repair, mainte­ June 23, 1969. Applicant: CHESTER interline with other carriers at Denver, nance, and operation of photocopying FRY AND MARIE E. FRY, a partner­ Pueblo, and Grand Junction, Colo., Salt equipment, limited to 600 pounds, per ship, doing business as FRY TRUCK­ Lake City, Utah; and Farfnington, shipment, between Blauvelt, N.Y., on the ING, Wilton Junction, Iowa 52778. AP- N. Mex.; and to tack with present au­ one hand, and, on the other, points in plicant’s representative: Kenneth thority in MC-60012 and Subs 29, 30, Connecticut, Delaware, Maine, Massa­ Dudley, 901 South Madkson Avenue, 32, and 58. The purpose of this republi­ chusetts, New Hampshire, Rhode Island, Ottumwa, Iowa 52501. Authority sough cation is to show Farmington, N. Mex., Vermont; points on and east of U.S. to operate as a contract carrier, by moto as interlining point. Supporting shipper: Highway 15 in the State of Pennsylvania; Military Traffic Management and Termi­ points in the counties of Mercer, Mon­ vehicle, over irregular routes, transport­ nal Service, Washington, D.C. Send pro­ mouth, Ocean, Burlington, Atlantic, ing: (1) Feed, feed ingredients, /JJJj tests to: District Supervisor Charles W. Camden, Gloucester, Salem, Cumberland, specialties, and livestock minerals ana Buckner, Interstate Commerce Commis­ Cape May, Hunterdon, and Warren supplements, from Madison, Wis.,

FEDERAL REGISTER, VOL. 34, NO. 12 7-—THURSDAY, JULY 3, 1969 NOTICES 11253 points in Illinois, Indiana, Iowa, Michi­ in packages, from Weston, Wis., to points section 17(8) of the Interstate Com­ gan, Minnesota, and Wisconsin; (2) in Appanoose, Clarke, Decatur, Lucas, merce Act, the filing of such a petition iron oxide, ground ore, ground ferro­ Marion, Monroe, Warren, and Wayne will postpone the effective date of the alloys, mineral feed ingredients and Counties, Iowa, for 180 days. Supporting order in that proceeding pending its mixes, and mineral fertilizer ingredients shipper: Floyd Dixon, Contractor, Rus­ disposition. The matters relied upon by and mixes, between Quincy, HI., and sell, Iowa 50238. Send protests to: Ellis petitioners must be specified in their Bowmanstown, Pa., on the one hand, and, L. Annett, District Supervisor, Interstate petitions with particularity. on the other, points in the United States Commerce Commission, Bureau of Op­ No. MC-FC-71255. By order of June 17, (except Alaska and Hawaii), for 180 erations, 677 Federal Building, Des 1969, the Motor Carrier Board approved days. Supporting shippers: Vita Plus Moines, Iowa 50309. the transfer to Beverage Truck Line, Inc., Corp., Madison, Wis.; The Prince Manu­ No. MC 133749 (Sub-No. 1 TA), filed Goodland, Ind., of the certificate in No. facturing Co., Quincy, 111. Send protests June 20, 1969. Applicant: WILLARD L. MC-129143, issued April 5, 1968, to Rex to: Charles C. Biggers, District Super­ WYCKOFF, doing business as W. W. Montgomery, doing business as Rex visor, Interstate Commerce Commission, TRUCKING CO., Post Office Box 1047, Freight Line, Brook, Ind., authorizing the Bureau of Operations, 332 Federal Fontana, Calif. 92335. Applicant’s repre­ transportation of malt beverages from Building, Davenport, Iowa 52801. sentative: Ernest D. Salm, 3846 Evans St. Louis, Mo., Milwaukee and La Crosse, No. MC 133453 (Sub-No. 2 TA), filed Street, Los Angeles, Calif. 90027. Author­ Wis., Peoria, 111., Louisville, Ky., and June 23, 1969. Applicant: M. MILE­ ity sought to operate as a common car­ Cincinnati, Ohio, to various named STONE, Delaware Avenue and Jackson rier, by motor vehicle, over regular routes, points in Indiana. James L. Beattey, 130 Street, Philadelphia, Pa. 19148. Appli­ transporting: Petroleum products, re­ East Washington Street, No. 1021, cant’s representative: John H. Derby, stricted against the transportation of Indianapolis, Ind. 46204, attorney for 2122 Cross Road, Glenside, Pa. 19038. Au­ shipments in bulk in tank vehicles, from applicants. thority sought to operate as a contract points in Los Angeles County, Calif., to No. MC-FC-71409. By order of June carrier, by motor vehicle, over irregular Pahrump, Nev., as follows: From points 23, 1969, the Motor Carrier Board ap­ routes, transporting: Beverages, phos- in Los Angeles County over irregular proved the transfer to Transport Service, phated (other than alcoholic), in cans routes to junctions with Interstate High­ Inc., Meridian, Miss., of the certificate or bottles, between Philadelphia, Pa., and way 15, thence over Interstate Highway of registration in No. MC-121096 (Sub- Carlstadt and Elizabeth, N.J.; Farming- 15, to Baker, Calif., thence over Califor­ No. 1) issued October 21, 1963 to W. F. dale, Jamacia, Long Island; Middletown, nia Highway 127 to Shoshone, Calif., Huber, doing business as Transport Serv­ Mount Kisco, Newburgh, and Rochester, thence over unnumbered California ice Co., Meridian, Miss., authorizing the N.Y.; Norfolk and Richmond, Va.; and Highway to junction with Nevada High­ transportation of lumber, building mate­ Norton and Worcester, Mass., for 180 way 52, thence over Nevada Highway 52 rials except cement, and brick between days. Supporting shipper: Boulevard to Pahrump; alternate route for operat­ all points in the State of Mississippi. Beverage Co., 2000 Bennett Road, Phil­ ing convenience only ; from points in Los Rubel L. Phillips, Post Office Box 22628, adelphia, Pa. 19116. Send protests to: Angeles County to Baker as described Jackson, Miss. 39025, attorney for ap­ Peter R. Guman, District Supervisor, In­ above, thence over Interstate Highway 15 plicants. terstate Commerce Commission, Bureau to junction with unnumbered Nevada No. MC-FC-71420. By order of June of Operations, Second and Chestnut Highway near Arden, Nev., thence over 17, 1969, the Motor Carrier Board ap­ Streets, Philadelphia, Pa. 19106. such unnumbered highway to junction proved the transfer to Dan Barclay, Inc., No. MC 133681 (Sub-No. 1 TA), filed with Nevada Highway 16, thence over Pompton Plains, N.J., of the portion of June 20, 1969. Applicant: BIG CHET & Nevada Highway 16 to Pahrump; return certificate No. MC-82667 (Sub-No. 5) SONS TRUCKING, INC., 203 Diamond over the above-described routes to Los issued April 12, 1967, to Lottie E. Greggs, Street, Brooklyn, N.Y. 11232. Applicant’s Angeles County with no transportation doing business as Greggs Motor Lines, representative: Arthur J. Piken, 160-16 for compensation except as otherwise Scranton, Pa., authorizing the trans­ Jamaica, N.Y. 11432. Authority sought to authorized; service is not authorized to portation of: Household goods as de­ operate as a contract carrier, by motor intermediate or off-route points, for 180 fined by the Commission, and machin­ vehicle, over irregular routes, transport­ days. Supporting shipper: Mankins’ Cor­ ery, between Scranton, Pa., on the one ing: Toilet preparations, soaps, lotions, ner, Post Office Box 156, Pahrump, Nev. hand, and, on the other, points in perfumes, creams, powders, materials and, Send protests to: District Supervisor New York and New Jersey. Kenneth R. supplies used in the preparation of the John E. Nance, Interstate Commerce Davis, 1106 Dartmouth Street, Scranton, aforesaid commodities, returned and re­ Commission, Bureau of Operations, Pa. 18504, practitioner for applicants. fected shipments of the aforesaid com­ Room 7708, Federal Building*, 300 North No. MC-FC-71426. By order of June modities, from points in the New York, Los Angeles Street, Los Angeles, Calif. 17, 1969, the Motor Carrier Board ap­ N.Y., commercial zone to points in Ber­ 90012. proved the transfer to E & L Trucking gen, Essex, Hudson, and Monmouth Oo., a corporation, Pawtucket, R.I., of Counties, N.J., and from points in Ber- By the Commission. the operating rights in Certificate No. gen, Essex, Hudson, and Monmouth [seal] H. Neil G arson, MC-43609 issued November 23, 1964, to Counties, N.J., to points in the New York, Secretary. William E. Kelleher, doing business as W. E. Kelleher Transport, Brockton, N.Y., commercial zone, for 180 days. Sup­ [F.R. Doc. 69-7879; Filed, July 2, 1969; porting shippers: Sacoma Cosmétiques, 8:49 a.m.] Mass., authorizing the transportation of 253 West 28th Street, New York, N.Y. general commodities, with usual excep­ 10001; Vitabath, Inc., 565 East Crescent tions, between Cambridge, Mass., and Avenue, Ramsey, N.J. 07446; LCR Man­ [Notice 371] West Bridgewater, Mass., serving all in­ ufacturing Division, Post Office Box 638, termediate points and the off-route MOTOR CARRIER TRANSFER points of Everett and Somerville, Mass., «ed Bank, N.J. 07701; B. H. Krueger, PROCEEDINGS ine., Office and Factory, 50 Noble Street, over a regular route as follows: From Brooklyn, N.Y. 11222. Send protests to: J une 30,1969. Cambridge over Massachusetts Highway «obert E. Johnston, District Supervisor, Synopses of orders entered pursuant 28 to West Bridgewater, and return over interstate Commerce Commission, 26 to section 212(b) of the Interstate Com­ the same route. Frederick T. O’Sullivan, federal Plaza, New York, N.Y. 10007. merce Act, and rules and regulations pre­ 372 Granite Avenue, Milton, Mass. 02186, . No- MC 133719 (Sub-No. 1 TA), filed scribed thereunder (49 CFR Part 1132), attorney for applicants. June 24, 1969. Applicant: GLENN H. appear below : No. MC-FC-71435. By order of June snoQoON’ ^ ural Route 2, Russell, Iowa 23, 1969, the Motor Carrier Board ap­ As provided in the Commission’s spe­ proved the transfer to Applegate Truck­ 0^38. Applicant’s representative: Ken- cial rules of practice any interested per­ 5 f“ p- Dudley, Post Office Box 279, Ot- ing, a corporation, Cranbury, N.J., of umwa, Iowa 52501. Authority sought to son may file a petition seeking reconsid­ certificates Nos. MC—71530, MC—71530 eration of the following numbered pro­ vpv i as a comm°n carrier, by motor (Sub-No. 1), MC-71530 (Sub-No. 2), iiiff-D’ over irregular_routes, transport- ceedings within 20 days from the date of MC-71530 (Sub-No. 3), MC-71530 (Sub- 5- Prefabricated homes, knocked down, publication of this notice. Pursuant to No. 8), MC-71530 (Sub-No. 12), and

FEDERAL REGISTER, VOL. 34, NO. 127— THURSDAY, JULY 3, 1969 11254 NOTICES MC-71530 (Sub-No. 14), issued January vertising paraphernalia or displays, and ing business as Ross Trucking, New York, 16, 1941, August 1, 1942, October 16, empty fertilizer containers or bags, from N.Y., authorizing the transportation of: 1942, January 5, 1943, December 1, 1949, or between specified points in New Jer­ Bananas, from the port facilities in New March 14, 1960, and January 4, 1965, sey, New York, Pennsylvania, Delaware, Jersey and New York located in the New respectively, to W. Earl Applegate, Cran- Connecticut, Maryland, Virginia, Massa­ York, N.Y., commercial zone, as defined bury, N.J., authorizing the transporta­ chusetts, Rhode Island, and the District by the Commission, to New York, N.Y., tion of: Fertilizer, fertilizer materials, of Columbia. Robert B. Pepper, 297 and points in Westchester, Nassau, and fertilizer ingredients, agricultural com­ Academy Street, Jersey City, N.J. 07306, Suffolk Counties, N.Y., and Bergen, modities, animal and poultry feeds and practitioner for applicants. Essex, Hudson, Middlesex, Monmouth, feeding materials, potatoes, machinery No. MC-FC-71438. By order of June Morris, Passaic, and Union Counties, used in the manufacture of fertilizer, 23, 1969, the Motor Carrier Board ap­ N.J. John G. Lipsett, 330 Madison Ave­ building stone, farm machinery, canned proved the transfer to Ross Trucking, nue, New York, N.Y. 10017, attorney for goods, manure, paper bags, burlap bags, Inc., New York, N.Y., of certificates Nos. applicants. shrubbery, evergreens, lime, lumber, in­ secticides, fungicides, herbicides, hay, MC-117727, MC-117727 (Sub-No. 1), and [seal] H. N eil Garson, straw, feed, coal, soy beans, grain, MC-117727 (Sub-No. 3), issued July 22, Secretary. binder twine, salt hay, sprayers, applica­ 1960, October 22, 1962, and February 28, [F.R. Doc. 69-7880; Filed, July 2, 1969; tors or distributors, or parts thereof, ad­ 1963, respectively, to Frank Aquilino, do­ 8:49 a.m.]

CUMULATIVE LIST OF PARTS AFFECTED— JULY

The following numerical, guide is a list of parts of eqjch title of the Code of Federal Regulations affected by documents published to date during July

5 CFR Page 16 CFR Page 38 CFR page 213______11135,11181 13______11087-11089 36______11095 550______11083 15______11140,11199 303______11141 41 CFR 7 CFR 500______11089 5 -3 ______11142 251______11181 503______11199 5- 53______11142 722______11082 6- 1______11143 905—______: 11082 18 CFR 8-3______11095 908 ______11181 2______— ______11200 101-47______11209 909 ______11135 P roposed R ules: 944______11135 141______11106 43 CFR 947______11136 P ublic Land Orders: P roposed R ules 20 CFR 4665 (amended by PLO 4672) 11095 68______11147 405______11201 4672______11095 967______11213 1013______11213 21 CFR 45 CFR 1050______11099 Ch. I______11090 85______11096 1132______11099 17______11090 250______11098 1133-______11147 Proposed R ules: 47 CFR 9 CFR 53______11099 0______—____ 11144 73______11144 97______!______- _____ 11081 24 CFR 95______-______112H 12 CFR 200______11091 P roposed R ules: 203-______11092,11094 ______11150 226______11083 2_. 207______11092,11094 81. _____ 11103,11148,11150 P roposed R ules 213______11092 83. 11103,11105,11148,11150 204______11214 220;______11093, 11094 85. _____ 11103, 11105,11148 213______11214 221__ 11093 87. __ _ 11148,11150 232_____ 11093 89. ______11148 14 CFR 234______11093 91. ______11148,11150 241 ______11093 __ 11148 39______11137 242 ______11094 93. 71______11085,11182 95. __ 11148 95______11137 99. __ 11148 97______11183 29 CFR 225______11198 608_____ 11141 49 CFR 288______11085 1504____ 11182 1033______—- 11145,11146,11211 P roposed R ules: P roposed R ules: 71______11100-11103 33 CFR Ch. m _____ 11148 73______11103 117_____ 11095 1041______11151

FEDERAL REGISTER, V O L 34, NO. 127— THURSDAY, JULY 3, 1969

< y < ^ y r -i

Presents essential information about Government agencies (updated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference^ tool for teachers, librarians, researchers, scholars, lawyers, and businessmen who need current official information about the U.S. Government. The United States Government Organization Manual is the official guide to the functions of the Federal Government. $900 per copy. Paperhound, with charts Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

1969