FEDERAL REGISTER VOLUME 30 • NUMBER 67
Thursday, April 8, 1965 • Washington, D.C. Pages 4521-4600
Agencies in this issue— The President Civil Aeronautics Board Commodity Credit Corporation Emergency Planning Office Federal Aviation Agency Federal Communications Commission Federal Maritime Commission / Federal Power Commission Food and Drug Administration Immigration and Naturalization Service Interior Department Internal Revenue Service Interstate Commerce Commission Land Management Bureau National Park Service Post Office Department Reclamation Bureau Saint Lawrence Seaway Development Corporation Small Business Administration Detailed list of Contents appears inside. Just Released
CODE OF FEDERAL REGULATIONS
(As of January 1, 1965)
Title 3—The President, 1964 Supplement______,_____$1.00
Title 7—-Agriculture (Parts 945-980).______$0.65 (Revised) . -'--'•••A ‘ . ' : - :-V - • * jg ; Title 7—Agriculture (Parts 1120-1199)______$1.00 (Revised)
Title 33—Navigation and Navigable Waters_ A______$0.65 (Pocket Supplement)
A cumulative checklist of CFR issuances for 1965 appears in the first issue of each month under Title 1.
Order from Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402
Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or FEDERALM®ISTER on the day after an official Federal holiday), by the Office of the Federal Register, National Area Code 202 ;-a. -.ay - x» Phone 963-3261 Archlves and Records Service, General Services Administration (mail address National ^ ‘junta'*' Archives Building, Washington, D.C. 20408), pursuant to the authority contained in tne Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., ch. 8B), under regulations prescribed by the Admin istrative Committee of the Fédéral Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, Government Printing Office, Washington, D.C, 20402. The F ederal Register will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per year, payable in advance. The charge for individual copies (minimum 15 cents) varies in proportion to the size of the issue. Remit check or money order, made payable to the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code op Federal Regulations, which is published, under 50 titles, pur suant to section 11 of the Federal Register Act, as amended. The Code op Federal Regulations is sold by the Superintendent oi Documents. Prices of books and pocket supplements are listed in the first F ederal Register issue of each month. There are no restrictions on the republication of material appearing in the F ederal Register or the Code op F ederal regulations. Contents
Proposed Rule Making IMMIGRATION AND THE PRESIDENT Table of assignments, FM broad NATURALIZATION SERVICE cast stations______4554 Rules and Regulations PROCLAMATION Notices National Safe Boating Week, 1965_ 4525 Standard broadcast applications Nonimmigrant classes; students; ready and available for process employment______4532 EXECUTIVE ORDER ing______4559 Cotton textiles and cotton textile Hearings, etc.: INTERIOR DEPARTMENT products; amendment of E.O. American Telephone and Tele See also Land Management Bu 11052______4527 graph Co______4560 reau; National Park Service; Associated Television Corp. and Reclamation Bureau. Capitol City Television Co__ 4560 EXECUTIVE AGENCIES Caraballo, S e r g io Martinéz, Notices and Caribbean Broadcasting Ziegler, Edward F.; statement of AGRICULTURE DEPARTMENT Corp______4561 changes in financial interests.. 4598 See Commodity Credit Corpora Southwestern Bell Telephone tion. Co______— 4561 INTERNAL REVENUE SERVICE FEDERAL MARITIME Rules and Regulations CIVIL AERONAUTICS BOARD COMMISSION Income taxes; authority of agents Notices Proposed Rule Making to make returns of income and Hearings, etc.: declarations of estimated in Conference agreement provisions come tax for good cause._____ 4537 Mohawk student fares------4559 relating to concerted activities. 4557 Reopened transatlantic charter Proposed Rule Making investigation______4559 Notices Adriatic/North Atlantic Range Income taxes; disposal of coal or COMMODITY CREDIT domestic iron ore with retained Freight Pool; modifications of economic interest; percentage CORPORATION agreements filed for approval— 4561 Imposition of surcharge at U.S. depletion rate for ores of beryl Rules and Regulations Atlantic and Gulf ports on lium______4548 Flaxseed and linseed oil export cargo moving between said payment in kind program; mis ports and Latin American ports; INTERSTATE COMMERCE cellaneous amendments______4532 investigation and hearing_____ 4562 Rice loan and purchase agreement COMMISSION program, 1965______4529 FEDERAL POWER COMMISSION Notices Wheat export program, payment Notices Motor carrier: in kind; miscellaneous amend Hearings, etc.: Broker, water carrier and ments.....______%,_____ 4531 Appalachian Power Co______4563 freight forwarder applica- Arizona Public Service Co.; tions______i_____ 4570 EMERGENCY PLANNING OFFICE land withdrawal, Arizona__ _ 4563 Transfer proceedings !_____ 4597 Notices Gas Service, Inc______4564 Hays Oil & Gas Co., et al.; cor Residual fuel oil to be used as fuel ; JUSTICE DEPARTMENT imports______4598 rection ______4564 Watches, movements and parts; H. L. Brown Estate et al.; cor See Immigration and Naturaliza rection ______4563 tion Service. investigation of imports______4598 Marathon Oil Co— ______— 4564 Natural Gas Pipeline Company FEDERAL AVIATION AGEN CY of America______._____ 4564 LAND MANAGEMENT BUREAU Rules and Regulations Ohio Fuel Gas Co______4565 Rules and Regulations Pennsylvania Power & Light Co_ 4566 Airworthiness directive; Hartzell Public land orders: Model HC-12 x 20 propellers__ 4533 Sinclair Oil & Gas Co. et al____ 4566 Union Texas Petroleum et al__ 4566 Alaska: Control zone; alteration______4533 Partial revocation of light Federal airway; designation____ 4533 FOOD AND DRUG house reserve______>___ 4541 Federal airway and reporting Partly revoking Executive points; alteration and revoca ADMINISTRATION order______4541 tions______4533 Rules and Regulations . Withdrawal for educational Temporary restricted area and purposes; partly revoking controlled airspace; designation Color additives; provisional list ings______4534 Executive order______4542 and alteration______4534 California: Transition area; alteration_____ 4534 Drugs; nihydrazone; antibiotics— 4536 Food additives: Partly revoking public water Proposed Rule Making Defoaming agents used in coat reserve______4541 Control zone and transition area; ings______4535 Revocation of reclamation designation______4553 Nihydrazone; antibiotics_____ 4536 withdrawal— — ______4539 Federal airway; alteration______4554 Resinous and polymeric coat Montana; partly vacating and ■transition area; designation____ 4554 ings------4535 revoking previous orders____ 4540 Orange juice, frozen concentrated; Nevada; revoking withdrawal f e d e r a l communications standards—______4535 for Navy Department, Sah- wave M o u n t a i n Gunnery COMMISSION HEALTH, EDUCATION, AND Range______4542 Rules and Regulations WELFARE DEPARTMENT New Mexico; partly revoking Broadcast applications; records, See Food and Drug Administra Executive order______4541 etc~ ------_ 4543 tion. (Continued on next page) 4523 4524 CONTENTS
LAND MANAGEMENT NATIONAL PARK SERVICE _ SAINT LAWRENCE SEAWAY BUREAU— Continued Notices DEVELOPMENT CORPORATION Rules and Regulations— Con. Yellowstone National Park, Wyo Proposed Rule Making Public land orders—Continued ming; Assistant Superinten Oregon: dent, Operations______4598 Seaway rules______4557 Modifying water power and other withdrawals to per POST OFFICE DEPARTMENT mit grant of right-of-way- 4542 SMALL BUSINESS Partly revoking reclamation Rules and Regulations withdrawal, Umatilla Proj International mail; Cuba; pro ADMINISTRATION ect______4540 hibitions______ÿj 4537 Notices Wyoming: Delegations of authority to con Partly revoking air navigation RECLAMATION BUREAU site withdrawal______4540 duct program activities: Withdrawal f o r Seminoe Rules and Regulations Chicago------4567 Reservoir.______4542 Concord, N.H____:______4559 Reclassification as irrigable of Detroit------4568 Notices high land, Columbia Basin Sioux Falls, S. Dak______4568 Idaho; proposed withdrawal and Project, Washington 4538 reservation of lands; correction- 4598 Oregon; termination of proposed withdrawal and reservation of TREASURY DEPARTMENT lands______4597 See Internal Revenue Service. List of CFR Parts Affected (Codification Guide)
The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date« appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1965« and specifies how they are affected.
3 CFR P roposed R ules : 1726 (modified by PLO 3596)__ 4542 71 (3 documents)-— ______4553,4554 1843 (revoked in part by PLO P roclamation: 3587)______4540 3651.______4525 21 CFR 2932 (revoked by PLO 3593)_____ 4542 E xecutive O rders: 8__ ------4534 3406 (revoked in part by PLO Dec. 19, 1910 (modified by PLO 27______4535 3587)______4540 3596)______4542 3585 ______— 4539 May 17, 1917 (modified by PLO 121 (3 documents)______4535,4536 144-----— ______4536 3586 ______4540 3596)______4542 3587 ______4540 Apr. 17, 1926 (revoked in part by 26 CFR 3588—___ ——______4540 PLO 3591)______— — 4541 3589______4541 3406 (revoked in part by PLO 1------4537 3590-______4541 3590)______— 4541 P roposed R ules : 3591 _ 4541 6039 (revoked in part by PLO 1------— ______4548 3592 ______4541 3592)______4541 3593 ______4542 6143 (revoked in part by PLO 33 CFR 3594 ______4542 3589) ______.__ 4541 P roposed R ules : 3595 ______— __ 4542 11052 (amended by EO 11214) ____ 4527 3596 ______4542 11214______4527 401—_____ 4557 39 CFR 7 CFR 46 CFR 1421______4529 168——______—______4537 1483______4531 P roposed R ules : 1486______4532 43 CFR 537— ______4557 8 CFR 416------4538 P ublic Land Orders: 4 7 CFR 214______.____ _ 4532 1632 (revoked by PLO 3593)_____ 4542 0 ______4543 14 CFR 1 _____ 4543 39------4533 73____;A;______.______4543 71 (5 documents)______4533,4534 P roposed R u l e s: 73______4534 73______4554 Presidential Documents
Title 3— THE PRESIDENT Proclamation 3651 NATIONAL SAFE BOATING WEEK, 1965 By the President of the United States of America A Proclamation WHEREAS many millions of Americans have the opportunity in this great Nation to enjoy the healthful sport of boating in their leisure hours; and WHEREAS the importance of boating safety should be impressed upon every individual who pursues this outdoor pastime so that the useless waste of lives and property may be avoided; and WHEREAS a continued awareness by the public of the need for safety on the waterways can only be assured by recurring emphasis by the boating industry, boating organizations, Federal and State agencies, and boating enthusiasts on the critical necessity for compli ance with safe boating principles; and WHEREAS the Congress of the United States, in seeking to focus national attention on the importance of safe boating practices, by a joint resolution, approved June 4, i958 (72 Stat. 179), has requested the President to proclaim annually the week which includes July Fourth as National Safe Boating Week: NOW, THEREFORE, I, LYNDON B. JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA, do hereby designate the week beginning July 4, 1965, as National Safe Boating Week. I strongly urge all Americans to do their utmost during this Week and throughout the year to unite in the pursuit of makmg boating one of the safest and most enjoyable of all recreational activities. I also invite the Governors of the States, the Commonwealth of Puerto Rico, and other areas subject to the jurisdiction of the United States of America to join in this observance in order to provide impetus in stressing recreational boating safety during the Week and the entire year. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this second day of April in the year of our Lord nineteen hundred and sixty-five, and of [ s e a l ] the Independence of the United States of America the one hundred and eighty-ninth. L yndon B.. J ohnson By the President: D ean R usk, Secretary of State. [F.R. Doc. 65-3698; Filed, Apr. 6,1965 ; 2: 03 p.m.]
Thursday, April 8, 1965 FEDERAL REGISTER
Executive Order 11214 AMENDMENT OF EXECUTIVE ORDER NO. 11052,1 RELATING TO COTTON TEXTILES AND COTTON TEXTILE PRODUCTS By virtue of the authority vested in me by Section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854; 76 Stat. 104), and Section 301 of Title 3 of the United States Code, and as President of the United States, Executive Order No. 11052 of September 28, 1962 (28 F.R. 9691), entitled “Cotton Textiles and Cotton Textile Products,” is hereby amended as follows: (1) in Section 1, insert “and the Special Representative for Trade Negotiations” after “Labor” ; (2) in the last sentence of Section 2(a), insert “and the Office of the Special Representative for Trade Negotiations” after “Labor”; and (3) in the last sentence of Section 3, insert “and the Special Rep resentative for Trade Negotiations” after “Labor”, and insert “or Office” after “Department”. L yndon B. J ohnson T he W hite H ouse, April 7,1965. [F.R. Doc. 65-3749; Filed, Apr. 7, 1965; 12:05 p.m.] 13 CFR, 1959-1963 Comp., p. 644; 27 F.R. 9691. i Rules and Regulations
quirements of this section in addition reliance on an erroneous notice of farm Title 7— AGRICULTURE to the other eligibility requirements of rice acreage allotment as provided in the the program. Rice Marketing Quota Regulations, Chapter XIV— Commodity Credit Cor (1) Eligible producer. The rice must § 730.1595(a) of this title (29 F.R. 11901) poration, Department of Agriculture have been produced by an eligible pro and any amendments thereto. SUBCHAPTER B— LOANS, PURCHASES, AND ducer. (c) Erroneous notice of measured OTHER OPERATIONS (2) Classes. The rice must be one of acreage. An otherwise eligible producer the classes or varieties specified ip, (i) shall not be ineligible for price support if [C.C.C. Grain Price Support Regs., 1965- § 1421.2754(a) or (ii) the Official Stand the farm is overplanted because of reli Crop Rice Supp.] ards of the United States for Rough Rice ance on an erroneous notice of measured PART 1421— GRAINS AND SIMILARLY other than “Mixed Rough Rice.” acreage as provided in Determination of HANDLED COMMODITIES (3) Contamination and poisonous Acreage and Performance Regulations sitbstances. Rice must not be contami of Part 718 of this title and any amend Subpart— 1965-Crop Rice Loan and nated by rodents, birds, insects or other ments thereto. Purchase Program vermin or contain mercurial compounds (d) Failure to timely measure acreage or other substances poisonous to man or or notify operator. The farm rice acre The General Regulations Governing animals. age allotment for the farm will not be Price Support for the 1964 and Subse (b) Grade requirements for loan. Inconsidered to be knowingly exceeded in quent Crops (29 F.R. 2686) issued by the addition to the requirements of para any case where: (1) Through no fault Commodity Credit Corporation, which graph (a) of this section, rice at the time of the farm operator or any producer on contain regulations of a general na it is placed under loan must: the farm, the acreage was not measured ture with respect to price support loan (1) Grade U.S. No. 5 or better (rice of or the farm operator was not timely noti and purchase operations, are supple special grades shall not be eligible) and fied of the measured acreage in time to mented for the 1965-crop of rice as fol (2) Contain not more than 14 percent dispose of the excess acreage prior to lows: moisture. harvest; (2) the excess acreage was rela Sec. tively small; and (3) the farm operator 1421.2740 Purpose. § 1421.2743 Compliance requirements. established that because of the relative 1421.2741 Applications and loans—final Except as provided in § 1421.2744, a dates. smallness of the excess and the unavail 1421.2742 Eligible rice. producer shall not be eligible for price ability to him of any recent measure 1421.2743 Compliance requirements. support on rice produced in 1965 if the ments of the field acreages on the farm, 1421.2744 Effect of unknowingly exceeding 1965 rice acreage on the farm on which he had no reason to believe the acreage the acreage allotment. such rice is produced is in excess of the was in excess of the farm rice acreage 1421.2745 Application for review and re farm rice acreage allotment. If a pro allotment. Nothing in this paragraph quest for reconsideration. ducer has an interest in the 1965 rice crop shall affect any producer’s liability for 1421.2746 Determination of quality. produced on more than one farm in the penalties on excess rice determined under 1421.2747 Determination of quantity. same county, he must also be entitled to the Rice Marketing Quota Regulations 1421.2748 Warehouse receipts. 1421.2749 Warehouse charges. receive a marketing certificate for each for 1964 and Subsequent Crop Years of 1421.2750 Service charges. such farm in order to be eligible for price Part 730 of this title, and any amend 1421.2751 Maturity of loans. support. If a producer is engaged in the ments thereto. production of rice in more than one 1421.2752 Inspection certificates. § 1421.2745 Application for review and 1421.2753 Settlement. county (in the same State or in two or 1421.2754 Support rates. more States) and the requirements of request for reconsideration. Authority: The provisions of this subpart Rice Marketing Quota Regulations Any producer who is dissatisfied with issued under sec. 4, 62 Stat. 1070, as amended; § 730.1567(c) of this title (29P.R. 11901), any determination with respect to com 15 U.S.C. 714b. Interpret or apply sec. 6, 62 and any amendments thereto, are ap pliance with his farm rice acreage allot Stat. 1072, secs. 101, 401, 62 Stat. 1051, as plied to such multiple farming unit, he ment may appeal from such determina amended, 1054, sec. 302, 72 Stat. 988; 15 must be entitled to receive a marketing tion as provided in the Marketing Quota U.S.C. 714c, 7 U.S.C. 1421,1441. certificate for each such farm, wherever Review Regulations of Part 711 of this § 1421.2740 Purpose. situated, in order to be eligible for price title (26 P.R. 10204, November 1, 1961), support on his 1965-crop of rice. and any amendments thereto. 'niis subpart contains program pro visions which, together with the appli § 1421.2744 Effect of unknowingly ex § 1421.2746 Determination of quality. cable provisions of the General Regula- ceeding the acreage allotment. (a) Quality. The class or variety, Tnüf GoverninS Price Support for the (a) Method of determination. The grade, grading factors, milling yield, and 1964 and Subsequent Crops, and the Co- acreage of rice on a farm shall not be all other quality factors shall be deter operative Marketing Association Eligi deemed to be in excess of the farm rice mined in accordance with the Official bility Requirements for Price Support in acreage allotment unless such allotment Standards of the United States for Rough Part 1425 of this title, and any amend is knowingly exceeded. If the farm rice Rice, whether or not such determinations ments thereto, apply to loans and pur acreage allotment is in fact exceeded, are made on the basis of an official in chases made under the 1965-Crop Rice such allotment shall be considered as spection. Price Support Program. having been knowingly exceeded unless (b) Loans. In the case of commingled § 1421.2741 Applications and loans— the operator of the farm establishes to rice, loans will be made on the quality final dates. the satisfaction of the county committee shown on the warehouse receipt, or sup in accordance with paragraph (b), (c), plemental certificate if applicable. In r ^ r0dun of quantity. la) General. In order to be eligible shall not be ineligible for price support (a) In Warehouse—(1' Commingled. for price support,, rice must meet the re- when the farm is overplanted because of The amount of a loan on Vie quantity of No. 67— -2 4529 4530 RULES AND REGULATIONS eligible rice stored commingled in an Uniform Rice Storage Agreement and by this section and § 1421*2753 shall not approved warehouse shall be based on must show: be for the account of CCC. the weight specified on the warehouse (1) Whether the rice is stored in bulk receipt representing such rice which is or in bags, § 1421.2753 Settlement. pledged as security for the loan, or (2) Whether the rice is to be delivered Settlement for eligible rice acquired on the supplemental certificate, if in bulk or in bags, by CCC under loan or by pinchase will applicable. (3) Gross weight for bagged rice and be made with the producer as provided (2) Identity preserved or modifiednet weight for bulk rice. in § 1421.72 and this section. Where commingled. The amount of a loan on (4) Class or variety, rice is placed under a farm storage loan the quantity of eligible rice stored iden (5) Grade, in an area where a location differential tity preserved or modified commingled in (6) Grading factors, is in effect and is delivered to CCC in an approved warehouse shall be based on (7) Milling yield, satisfaction of the loan in an area where a percentage, as determined by the State (8) Moisture, no differential is applicable, settlement committee, of the weight specified on the (9) Method of storage (commingled, for rice acquired by CCC will be made on warehouse receipt representing such rice modified commingled or identity pre the basis of the support rate for the area which is pledged as security for the loan, served) , and where the rice is delivered. Deliveries or on the supplemental certificate, if ap (10) Manner by which rice was re of rice, shall be in accordance with plicable. Such percentage shall not ex ceived (truck or rail), instructions issued by the county office. ceed 95 percent of the weight so specified. (c) Supplemental certificate. When (a) Commingled warehouse storage. The State committee’s determination required, the supplemental certificate Settlement for eligible rice stored com shall be made on a State-wide basis or shall be executed by the warehouseman mingled in an approved warehouse and for specified areas within the State. The for commingled rice, by the warehouse acquired by CCC under a loan or by county committee may lower such per man and producer for modified-com- purchase shall be made on the basis of centage on an individual basis when de mingled rice and by the producer for the class or variety, and of the grade, termined to be in the best interest of identity-preserved rice. quality and quantity as shown on the ccc. warehouse receipt or supplemental cer (b) On farm. The quantity of rice §1421.2749 Warehouse charges. tificate if applicable. Settlement shall placed under farm-storage loan shall be (a) Farm-stored loans and purchases. also be made on such a basis (!) where determined in accordance with § 1421.67 CCC will assume receiving and ware an approved warehouse issues a com and shall be expressed in whole units house storage charges on rice delivered mingled warehouse receipt for loan rice of 100 pounds. to an approved warehouse after loan delivered into the warehouse from farm (c) Bagged or bulk. In determining maturity date and acquired by CCC (!) storage pursuant to instructions of the the quantity of bagged rice by weight, in satisfaction of a farm storage loan county office, (2) where an approved the gross weight, including bags, shall or (2) through purchase, except that warehouse issues commingled warehouse be used. When necessary to convert warehouse storage charges will be as ceipts in exchange for warehouse re bagged rice to a bulk basis or bulk rice sumed by CCC only from and after the ceipts representing rice under identity- to a bagged basis, an adjustment of 0.6 date of completion of deposit of such preserved or modified-commingled ware pound for 100 pounds of gross weight rice in the warehouse. house storage loan and (3) where CCC shall be made as allowance for the weight (b) Warehouse-stored loans and pur determines that a warehouseman failed of the bag. chases. CCC will assume warehouse to maintain the identity of rice covered storage charges accruing on and after by an identity-preserved warehouse- § 1421.2748 Warehouse receipts. the day following the loan maturity date storage loan or modified-commingled (a) General. Warehouse receipts rep on rice which is in approved warehouse warehouse storage loan. In the case of resenting rice in approved warehouse storage under loan and is acquired by purchases, the producer shall, not later storage placed under warehouse storage CCC and on rice which is in approved than the day following the final date for loan, delivered in satisfaction of a farm warehouse storage on the loan maturity delivery or during such other period of storage loan or for purchase must meet date and is purchased by CCC. time thereafter as may be specified by the requirements of this section and the (c) Refund of prepaid handling the county office, submit to the county General Regulations Governing Price charges. The receiving or the receiving office warehouse receipts under which Support for 1964 and Subsequent Crops and loading out charges on the rice re an approved warehouse guarantees the and any amendments thereto. A sep ferred to in paragraph (a) of this section class or variety, and the grade, quality arate warehouse receipt must be submit and in § 1421.72(i) may not exceed 8 and quantity of rice sold to CCC. ted for each class or variety, grade, and cents per hundredweight. (b) Modified commingled. Settlement for eligible rice stored modified com milling yield of rice. Each warehouse § 1421.2750 Service charges. mingled in an approved warehouse and receipt must carry an endorsement by A charge of 1 cent per hundred acquired by CCC under a loan or pur the warehouseman in substantially the weight will be made for the quantity of chase shall be made on the basis of the following form: rice acquired by CCC and shall be han class or variety, grade and quality shown Warehouse charges through April 30, 1966, dled in accordance with § 1421.60(b). on Federal or Federal-State lot inspec Including, but not limited to, receiving and In addition, a charge of $3.50 for each tion certificates and on the basis of the loading out charges accrued or to accrue, lot sampled will be made in connection quantity shown on the warehouse receipt, and all other charges incident to the acqui with farm-stored loans and for each or supplemental certificate, if applicable. sition of the rice by CCC, on the rice repre warehouse receipt for modified-com- In the case of rice stored modified com sented by this warehouse receipt have been mingled and identity-preserved ware mingled in approved warehouse storage, paid or otherwise provided for and a lien house stored loans. for such charges will not be claimed by the the producer shall, within 10 days after warehouseman from CCC or any subsequent § 1421.2751 Maturity of loans. the maturity date in the case of loans holder of the warehouse receipt. If the rice and at the time of sale under a purchase, represented by this warehouse receipt is to Unless demand is made earlier, loans furnish to the county office Federal or be loaded out in bags, the warehouseman on rice will mature on April 30, 1966. Federal-State lot inspection certificates. agrees that any and all right, title and in § 1421.2752 Inspection certificates. (c) Other storage. Settlement for terest which he has in such bags shall pass eligible rice acquired under loan or pur with the rice when such rice is acquired un Except in the case of loans on com chase not covered by paragraph (a) or der the price-support program or shall pass mingled warehouse stored rice, settle (b) of this section shall be made on the at the time the rice is loaded out, if the ment with the producer on all rice ac rice is not in bags at the time of acquisition basis of the class or variety, and of the by CCC. quired by CCC will be based on the grade and quality shown on Federal or quality shown on the Federal or Federal- Federal-State lot inspection certificates (b) Entries. Each warehouse receipt, State lot inspection certificates. Such and on the basis of the quantity shown inspection certificate or warehouse inspection certificates shall be dated not on official weight certificates. In the man’s supplemental certificate properly earlier than 30 days prior to the ma case of rice stored identity preserved in identified with the warehouse receipt turity date. The cost of Federal or approved warehouse storage (1) if must be issued in accordance with the Federal-State lot inspections as required rice was acquired by CCC under pur- Thursday, April 8, 1965 FEDERAL REGISTER 4531 chase, the producer shall furnish to the pounds of rice and express such rate in SUBCHAPTER C— EXPORT PROGRAMS county office Federal or Federal-State dollars and cents, rounded to the near [Rev. Ill, Arndt. 8] lot inspection certificates at the time of est whole cent. PART 1483— WHEAT AND FLOUR sale, or (2) if the rice was acquired by Value F actors for H ead and B roken R ice * CCC under a loan, the producer shall Subpart— Wheat Export Program— furnish such certificates within 10 days Group Rough rice class or variety Head Broken after the maturity date. In the case rice rice Payment in Kind (GR—345) Terms of rice stored in other than approved and Conditions warehouse storage and acquired by CCC Ca tsper M iscellaneous A mendments under a loan or by purchase, the pro pimnd ducer shall furnish Federal or Federal- I...... _ Patna (except the varieties 8.92 3.80 The terms and conditions of the State lot inspection certificates at the Belle Patna, and Century Wheat Export Program—Payment in Patna) and Rexora (except Kind . (GR-345) (27 F.R. 6415), as time of delivery or sale. Official weight the variety Rexark). certificates required by this paragraph n...... Blue Bonnet, Belle Patna, 8.32 3.80 amended (27 F.R. 10741, 28 F.R. 7120, Vegold, Nira, and Rexark. 29 F.R. 4077, 9431, 12067, 15115 and 30 (c) shall be dated not earlier than 30 h i ...... Century Patna, Toro, For- 7.32 3.80 days prior to the applicable maturity tuna, R.N., and Edith. F.R. 532) are further amended as IV...... Blue Rose (including the var 6.82 3.80 follows: date covering the rice. The cost of such rieties Improved Blue Rose, certificates shall not be for the account Greater Blue Rose, Kam- A new § 1483.103 is added to read as rose, and Arkrose), Calrose, follows: of CCC. Gulfrose, Northrose, La (d) Bagged or "bulk rice—(1) Farm crosse, Magnolia, Nato, § 1483.103 Financial responsibility. storage. The weight of farm-stored Nova, Zenith (including the varieties Gold Zenith and CCC reserves the right to refuse to (a) bulk rice acquired by CCC on which Golden Rose), Prelude, settlement will be made shall be the net Lady Wright, and Saturn. consider an offer to purchase CCC wheat weight of the rice. The weight of farm- v...... Pearl, Early Prolific, Calady, 6.77 3.80 for export or (b) register a sale of wheat stored bagged rice acquired by CCC on and other varieties. for export payment hereunder, if CCC which settlement will be made shall be does not have adequate information of 1 These value factors may be changed. Such changes, financial responsibility of the offeror to the combined weight of the rice and the If any, will be made by an amendment to this section bags, and title to the bags will pass to issued shortly after Aug. 1,1965. meet contract obligations of the type CCC with the rice. CCC shall not other contemplated in this subpart. If a (b) Premiums and discounts. The prospective offeror is in doubt as to wise pay any amount representing the basic support rates determined under value of the bags. whether CCC has adequate information paragraph (a) of this section shall be with respect to his financial responsi (2) Warehouse-stored. Rice in apadjusted by the following applicable proved warehouse storage shall be ac bility, he should either submit a financial premium or discount: statement to the appropriate ASCS quired by CCC on a bagged or bulk basis Cents in accordance with the manner in which per 100 Commodity Office prior to making an the rice is to be loaded out by the ware (1) Premium: pounds offer to purchase CCC wheat for export houseman as indicated on the warehouse Grade U.S. No. 1—...... 10 (see §,1483.155), or communicate with receipt. The quantity for settlement pur (2) Discounts: such office or with the office specified in poses shall be the net weight of the rice Grade UJ3. No. 3------— 15 § 1483.178 prior to making the exporter’s when acquired in bulk and the combined Grade U.S. No. 4------,---- 30 agreement with CCC described in net weight of the rice and the bags when Grade U.S. No. 5______50 § 1483.140 to determine whether such a acquired in bags. Where the warehouse (c) Location differentialsFor ricestatement is desired in his case. When receipt indicates that rice will be loaded produced in the following areas; dis satisfactory responsibility has not been out in bags, title to the bags shall pass counts for location (to adjust for trans established, CCC reserves the right to to CCC at the time of acquisition of the portation costs of moving the rice to an consider an offer only upon submission rice. CCC shall not otherwise pay any area where competitive milling facilities by the offeror of a certified or cashier’s amount representing the value of the are available) shall be applied to the check, a bid bond, or other security, ac bags. In the event any person should basic support rate determined under ceptable to CCC assuring that if the offer successfully dispute the passing of title paragraph (a) of this section and shall is accepted the offeror will comply with to the bags, the producer shall indemnify be in addition to any adjustment in ac the applicable provisions of this subpart CCC for any loss sustained by reason cordance with paragraph (b) of this and will furnish a performance bond or thereof. section: Provided, however, That if such other performance security acceptable to CCC. §1421.2754 Support rates. rice is transported and stored in a rice producing area where no location differ § 1483.105 [Amended] The loan rate for rice placed under ential is applicable, no deduction shall loan shall be the applicable basic support be made. Section 1483.105 General conditions of eligibility is amended by adding the fol rate adjusted in accordance with the DIFFERENTIAL TABLE provisions of this section. The support Discount lowing sentence to paragraph (e): “Hie rate for settlement purposes for rice per 100 foregoing exclusion of documentary evi acquired in satisfaction of loans and Area pounds dence of exportation which has been or through purchases shall be the applic State of Florida.;----;------— $0.96 will be used in connection with other able basic support rate adjusted as pro States of North Carolina and South export programs is intended to prevent a vided in paragraphs (b) and (c) of this Carolina______0.92 duplication, in whole or in part, of ex section and §§ 1421.2753 and 1421.72 and Imperial County, Calif., and adjacent port payments or allowances under two counties in Arizona and California_1.02 or more export programs of CCC on the adjusted by such other discounts as may Counties of Holt, Lewis, Lincoln, Mar be established by CCC applicable to the ion, Pike, and St. Charles in Mis same quantity of wheat; accordingly, grade and quality of the rice on which souri and Adams in Illinois__ ;_____ 0.62 nothing herein shall be construed as pre settlement is made. Counties of Lafayette, Little River, and cluding a bill of lading or other evidence (a) Basic rates. The basic support Miller in Arkansas: Bowie in Texas; of exportation filed under this subpart rate per 100 pounds of rice shall be com McCurtain in Oklahoma and Bossier from being used as evidence in connec puted as follows: Multiply the yield Xin Parish in Louisiana. ______0.255 tion with proof of export required in Pounds per hundredweight) of head rice Effective upon publication in the F ed another export program of CCC, includ oy the applicable value factor for head eral R egister. rice (as shown in the table below accord- ing barter transactions, if CCC deter , .t(i class or variety). Similarly, Signed at Washington, D.C., on April mines that such use will not result in the difference between the total 2, 1965. any such duplication of export payment yield and head rice yield (in pounds per H . D. G odfrey, or allowance.” undredweight) by the applicable value Executive Vice President, lactor for broken rice. Add the results Commodity Credit Corporation. § 1483.121 [Amended] oi these two computations to obtain the (F.R. Doc. 65-3672; FUed, Apr. 7, 1965; Section 1483.121(d) is amended by de oasic loan or purchase rate per 100 8:50 a.m.] leting in the fifth sentence the words 4532 RULES AND REGULATIONS
“notification telegram” and substituting Flaxseed and Linseed Oil Export Pay tation by anyone of any commodities under the words “notice of sale”. ment-In-Kind Program (PS-GR-4) (30 this program to Cuba, the Soviet Bloc or Communist-controlled areas of the Far East § 1483.125 [Amended] F.R. 1178) are amended as follows: Section 1486.157, Price, is amended to including Communist China, North Korea Section 1483.125(a) (5) is amended by read: and the Communist-controlled area of Viet-' deleting in the second sentence the words nam, except under validated license issued § 1486.157 Price. by the U.S. Department of Commerce, Bureau “notification telegram” and substituting of international Commerce. the words “notice of sale”. The price for flaxseed or linseed oil For all exportations, one of the destination Section 1483.127 Declaration of sale sold by CCC shall be the domestic mar control statements specified in Commerce and evidence of sale, is amended to ket price therefor, as determined by CCC, Department Regulations (Comprehensive change paragraph (b) (6) to read as fol on the date of sale at the place of de Export Schedule § 379.10(c) ) is required to lows: livery and in the manner delivered (such be placed on all copies of the shipper’s ex port declaration, all copies of the bill of § 1483.127 Declaration of sale and evi as instore, or f.o.b. cars, trucks, or ves lading, and all copies of the commercial in dence o f sale. sel, for example). The price will be voices. For additional information as to specified in the Confirmation of Sale. * * * * '* which destination control statement to use the exporter should communicate with thé (b) * * * Section 1486.174, Performance guaran Bureau of International Commerce or one (6) Class and grade of wheat, protein tee, is amended to read: of the field offices of the Department of content or sedimentation value if speci § 1486.174 Performance security. Commerce. fied in contract, and any additional Exporters should consult the applicable commodity specifications in the contract. In addition to other performance se Commerce Department regulations for more curity required by this subpart, CCC re detailed information if desired and for any * * * * * serves the right to require the exporter changes that may be made therein. Section 1483,174 is amended to read to furnish a cash deposit, performance (Secs. 4 and 5, 62 Stat. 1070 and 1072, as as follows: bond, or irrevocable commercial letter of amended, 15 U.S.C. 714b and 7l4c; sec. 407, § 1483.174 Performance security. credit, acceptable to CCC, to secure per 63 Stat. 1055, as amended, 7 Ü3.C. 1427; sec. formance of any of his obligations under 201(a). 70 Stat. 198, 7 Ü8 .C. 1851) In addition to the performance se this subpart. curity under § 1483.157 (b) (3) and (c) Effective date: Date of publication In the F ederal R egister. (2), CCC reserves the right to require the Paragraph (b) of § 1486.176, Assign purchaser to furnish, a surety bond ac ments and setoffs, is amended to read: Signed at Washington, D.C., this ceptable to CCC conditioned upon his § 1486.176 Assignments and setoffs. April 1, 1965. faithful performance of each and all pro * * * * • R aymond A. Ioanes, visions of the contract, or in lieu of such Vice President, Commodity bond a certified check, a cashier’s check, (b) If the exporter is indebted to CCC, Credit Corporation, Adminis Or other acceptable security, including the amount of such indebtedness may be trator, Foreign Agricultural set off against payments due the ex Service. an irrevocable letter of credit in form porter under an Application for Flaxseed approved by CCC against which CCC may or Linseed Oil Export Payment, Form [F.R. Doc. 65-3646; Filed, Apr. 7. 1965; draw with a statement that the money is CCC-520. In the case of an assignment, 8:48 a.m.] due CCC. Such bond or other security and notwithstanding such assignment, shall be in an amount determined by CCC may set off (1) any amounts due CCC sufficient to protect its financial in CCC wider the terms and conditions of terests under the contract. these regulations and (2) any amounts, Title 8— ALIENS AND § 1483.178 [Amended] other than the amounts specified in NATIONALITY Section 1483.178 Submission of reports clause (1) of this paragraph, due CCC, is amended by adding a sentence at the if the assignee was advised of such Chapter I— Immigration and Natural end of the section to read as follows: amounts at the time of acknowledgment ization Service, Department of “Exporters are urged to report telephonic by CCC of receipt of the notice of as Justice Notice of Sale by calling DU 8-7305, signment. 7306 or 2334.” In the case of an assignment pursuant to PART 214— NONIMMIGRANT (Secs. 4 and 5, 62 Stat. 1070 and 1072; sec. paragraph (a) of this section, any in CLASSES 2, 63 Stat. 945 as amended; sec. 407, 63 Stat. debtedness of the exporter to CCC which Students; Employment 1051 as amended; sec. 379d(b), 78 Stat. 181; may not be set off under this paragraph 15 U.S.C. 714b(c), -7 UJS.C. 1641, 1427, 1379d (b) may be set off against any amounts The following amendment to Chapter
from Greenwood, S.C., to Columbia, S.C. [Airspace Docket No. 64-WE-47] (Sec. 307(a), Federal Aviation Act of 1959. Interested persons were afforded an 49 U.S.C. 1348) PART 71— DESIGNATION OF FEDERAL opportunity to participate in the pro Issued in Washington, D.C., on April posed rule making through the submis AIRWAYS, CONTROLLED AIRSPACE, 2,1965. sion of comments. All comments re AND REPORTING POINTS Clifford P. B urton, ceived were favorable. Acting Director, Air Traffic Service. VOR Federal airway No. 185 extends, PART 73— SPECIAL USE AIRSPACE in part, from Greenwood to Asheville, [F.R. Doc. 65-3610; Filed,- Apr. 7, 1965; N.C. This segment and the airway desig Designation of Temporary Restricted 8:46 a.m.] nated herein form a west alternate to Area and Alteration of Controlled VOR Federal airway No. 53. Therefor, Airspace the airway herein designated is described On December 1, 1964, a notice of pro Title 21— FOOD AND DRUGS as a portion of a west alternate to V-53. posed rule making was published in the In consideration of the foregoing, Part F ederal R egister (29 F.R. 15958) stating Chapter I— Food and Drug Adminis 71 of the Federal Aviation Regulations is the Federal Aviation Agency was consid tration, Department of Health, Ed amended, effective 0001 e.s.t., June 24, ering amendments to Parts 71 and 73 of ucation, and Welfare 1965, as hereinafter set forth. the Federal Aviation Regulations that In § 71.123 (29 F.R. 17509), V-53 is would establish a temporary restricted SUBCHAPTER A— GENERAL amended by deleting “Asheville, N.C.;” area at Hanksville, Utah, for two periods PART 8— COLOR ADDITIVES and substituting “Asheville, N.C., includ annually, of no more than 30 days, the ing a west alternate from Columbia to first period to be from May 15, 1965, Postponement of Closing Dates of Asheville via Greenwood, S.C., exclud through June 15, 1965, and that would Provisional Listing of Certain Items; ing the airspace between the main airway alter the description of the continental Reinstatement of Certain Items in and this west alternate;” therefor. control area to reflect the establishment Provisional List (Sec. 307(a), Federal Aviation Act of 1958; of the restricted area. 49 U.S.C. 1348) On February 16, 1965, a supplemental The color additives amendments of notice of proposed rule making was pub 1960 (Public Law 86-618; 74 Stat. 404; Issued in Washington, D.C., on April 1, 21 U.S.C. 376, note) authorizes the Sec 1965. lished in the F ederal R egister (30 FJt. 2111) stating the Air Force had advised retary of Health, Education, and Wel D aniel E. B arrow, the Agency that the troops scheduled to fare to postpone the closing date of a Chief, Airspace Regulations provisional listing (including a deemed and Procedures Division. use the proposed restricted area could not be in position until May 26, 1965, provisional listing) of a color additive on [F.R. Doc. 65-3608; Filed, Apr. 7, 1965; and proposed changing the time of desig his own initiative or upon application of 8:46 a.m.] nation to “0530 to 1800 hours m s.t., May an interested person. 26, 1965, through June 26, 1965, unless Requests have been received to post cancelled sooner by a Notice to Airmen.” pone the closing dates of the provisional PART 71— DESIGNATION OF FEDERAL Interested persons were afforded an listings of a number of color additives AIRWAYS, CONTROLLED AIRSPACE, opportunity to participate in the pro because scientific investigations neces AND REPORTING POINTS posed rule making through submission sary for listing these color additives un of comments. All comments received der section 706 of the Federal Food, Drug, Alteration of Transition Area were favorable. As requested by one of and Cosmetic Act have not been com On February 26, 1965, a notice of pro the users in his comment on this pro pleted. It is found that postponement posed rule making was published in the posal, radar will be fully utilized to of the closing dates of the provisionally F ederal R egister (30 F.R. 2557) stating minimize the inconvenience to flights listed color additives included in this or that the Federal Aviation Agency pro that are rerouted when the restricted der will not be contrary to the interests posed to alter the transition area at area is activated. of the public health. Any extensions so Memphis, Tenn. In consideration of the foregoing, Parts granted are conditioned upon a require Interested persons were afforded an 73 and 71 of the Federal Aviation Regu ment that a progress report be supplied opportunity to participate in the rule lations are amended, effective 0001 e.s.t., on or before July 1,1965. making through submission of comments. May 26, 1965, as hereinafter set forth. There was published in the F ederal All comments received were favorable. 1. In § 73.64 (29 F.R. 17768), the fol R egister of December 15, 1964 (29 P.R* In consideration of the foregoing, Part lowing is added: 17089), an order deleting a number of 71 of the Federal Aviation Regulations is color additives from the provisional list. amended, effective 0001 e.s.t., June 24, R-6411 Hanksville, Utah Subsequently, evidence was submitted 1965, as hereinafter set forth. Boundaries: Beginning at latitude 38° 34'- that investigations necessary for listing In § 71.181 (29 F.R. 17643) the Mem 50” N„ longitude 110°33'00” W.; to latitude these color additives under section 706 of phis, Tenn., transition area is amended 38°27'45” N., longitude 110°23'30” W.; to the Federal Food, Drug, and Cosmetic latitude 38°06'4O” N., longitude U 0'03'50” Act were underway. Accordingly, these as follows: W.; to latitude 38°01'15” N., longitude 110°- Delete“* * * within a 7-mile radius of two items are reinstated in the provi 14'30” W.; to latitude 38°23'35” N., longitude sional list (amendment 3 of this order) the Memphis Metropolitan Airport (lati 110o31'30” W.; to latitude 38°33'10” N., tude 35°03'00" N., longitude 89°58'15" longitude 110°36'10” W.; thence clockwise conditioned on a requirement that a W.)” and insert therefor “* * * within along the arc of a circle with a 1.5 mni radius progress report be supplied on or before a 7-mile radius of the Memphis Metro centered at latitude 38°34'00” N., longitude July 1,1965. 110°34'36” W.; to the point of beginning. The closing date of one of the provi politan Airport (latitude 35° 03'00" N., Designated altitudes: Surface to FL 600. sionally listed color additives is not post longitude 89°58'15" W .); within an 8- Time of designation: The first time of use poned, and its provisional listing there mile radius of the West Memphis Airport shall be from 0530 to 1800 hours m.s.t., May fore automatically terminates on April 1, (latitude 35°08'24" N., longitude 90°- 26, 1965, through June 26, 1965, unless can celled sooner by Notices to Airmen. All sub 1965. The Commissioner of Food and 14'00" W.) * * *” sequent biannual firing periods shall be des Drugs has no evidence that this color ad (Sec. 307(a), Federal Aviation Act of 1958; ignated by a rule published in the Federal ditive is harmful, but the person making 49 U.S.C. 1348(a) ) R egister. the study has concluded that the color Controlling Agency: Federal Aviation would not be commercially useful and Issued in East Point, Ga., on March 31, Agency, Denver ARTC Center. has terminated the scientific investiga 1965. Using Agency: Air Force Missile Develop tions. The termination of this listing as P atjl H. B oatman, ment Center, Air Force Systems Command, of April 1, 1965, is indicated by deletion Acting Director, Southern Region. Holloman AFB, N. Mex. in amendment lb of this order. [FR . Doc. 65-3609; Filed, Apr. 7, 1965; 2. In § 71.151 (29 F.R. 17550) "R-6411 Pursuant to the authority of the Fed 8:46 a.m.l Hanksville, Utah” is added. eral Food, Drug, and Cosmetic Act (sec. Thursday, April 8, 1965 FEDERAL REGISTER 4535
203(a) (2), Public Law 86-618; T4 Stat. matter published in the F ederal R egis (FAP 5B1612) filed by Sherwin-Williams 404; 21 U.S.C. 376, note), delegated by ter of December 30,1964 (29 F.R. 19109), Company, 10909 Cottage Grove Avenue, the Secretary to the Commissioner of the Commissioner of Food and Drugs has Chicago, 111., 60628, and other relevant Pood and Drugs (21 CFR 2.90), § 8.501 concluded that the identity standard for material, has concluded that the food Provisional lists of color additives is frozen concentrated orange juice should additive regulations should be amended amended in the following respects: be amended as hereinafter set forth. to provide for the use of certain isodec- 1. Paragraph (b) is amended: Therefore, pursuant to the provisions of anoate salts as driers in the production a. By changing the closing date of the the Federal Food, Drug, and Cosmetic of resinous and polymeric food-contact following items to January 1, 1966: Act (secs. 401, 701, 52 Stat. 1046, 1055, as coatings. Therefore, pursuant to the D&C Green No. 8 (§ 9.106 of this chapter). amended; 70 Stat. 919, 72 Stat. 948; 21 provisions of the Federal Food, Drug, and D&C Yellow No. 7 (§ 9.130 of this chapter). U.S.C. 341, 371) and under the authority Cosmetic Act (sec. 409(c)(1), 72 Stat. D&O Yellow No. 8 (§ 9.131 of this» chapter). delegated to the Commissioner by the 1786; 21 U.S.C. 348(c)(1)), and under D&C Bed No. 8 (§9.153 of this chapter). Secretary of Health, Education, and the authority delegated to the Commis D&C Bed No. 9 (§ 9.154 of this chapter). Welfare (21 CFR 2.90), § 27.109 is sioner by the Secretary of Health, Edu D&C Bed No. 10 (§ 9.155 of this chapter). amended by adding thereto a new para cation, and Welfare (21 CFR 2.90), D&C Bed No. 11 (§ 9.156 of this chapter). D&C Bed No. 12 (§ 9.157 of this chapter). graph (f), as follows: § 121.2514(b) (3) (xxii) (b) is amended by D&C Bed No. 13 (§ 9.158 of this chapter). § 27.109 Frozen concentrated orange inserting alphabetically in the list of D&C Bed No. 31 (§ 9.176 of this chapter). juice, frozen orange juice concen salts a new item, as follows : D&C Bed No. 33 (§ 9.178 of this chapter). trate; identity; label statement of §121.2514 Resinous and polymeric D&C Bed No. 34 (§ 9.179 of this chapter). optional ingredients. D&C Orange No. 4 (§ 9.201 of this chapter). coatings. D&C Violet No. 2 (§ 9.270 of this chapter). * * * * * * * * * * b. By deleting the following item: (f) Nothing in this section is intended (b) * * * to interfere with the adoption and en (3) * * * D&:C Blue No. 7 (§ 9.243 of this chapter). forcement by any State, in regulating (xxii) * * * 2. Paragraph (c) is amended by the production of frozen concentrated (b) Salts: changing the closing date of the follow orange juice in such State, of State ***** ing items to January 1,1966: standards, consistent with- this section, Isodecanoate. but which impose higher or more restric Ext. D&C Yellow No. 1 (§ 9.301 of this chap ***** ter). tive requirements than those set forth Ext. D&C Yellow No. 7 (§ 9.307 of this chap in this section. Any person who will be adversely af ter). Any person who will be adversely af fected by the foregoing order may at any Ext. D&C Green No. 1 (§ 9.400 o f,this chap fected by the foregoing order may at any time within 30 days from the date of its ter). time within 30 days following the date publication in the F ederal R egister file with the Hearing Clerk, Department of of its publication in the F ederal R egis 3. Paragraph (g) is amended by in Health, Education and Welfare, Room serting alphabetically the following; ter file with the Hearing Clerk, Depart items: ment of Health, Education, and Welfare, 5440, 330 Independence Avenue SW., Room 5440, 330 Independence Avenue Washington, D.C., 20201, written objec (g) * * * SW., Washington, D.C., 20201, written tions thereto, preferably in quintuplícate. objections thereto, preferably in quin Objections shall show wherein the per Closing date Restrictions tuplicate. Objections shall show where son filing will be adversely affected by the in the person filing will be adversely af order and specify with particularity the * * * * ♦ * * * * fected by the order and specify with provisions of the order deemed objec Calcium silicate...... Jan. 1,1966 * * * * * * * * * particularity the provisions of the order tionable and the grounds for the objec Copper versenate_____ Jan. 1,1066 deemed objectionable and the grounds tions. If a hearing is requested, the for the objections. If a hearing is re objections must state the issues for the quested, the objections must state the hearing. A hearing will be granted if Notice and public procedure and de the objections are supported by grounds layed effective date are not necessary issues for the hearing, and such objec prerequisites to the promulgation of tions must be supported by grounds le legally sufficient to justify the relief gally sufficient to justify the relief sought. Objections may be accompanied this order, and I so find, because section by a memorandum or brief in support 203(a) (2) of Public Law 86-618 provides sought. Objections may be accom for this issuance. panied by a memorandum or brief in thereof. support thereof. Effective date. This order shall be ef Effective date. This order shall be fective on the date of signature. Effective date. This order shall be effective on the date of its publication in the F ederal R egister. (Sec. 203(a) (2), Public Law 86-618; 74 Stat. come effective 60 days from the date of 404; 21 U.S.C., note wider 376) its publication in the F ederal R egister, (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348 except as to any provisions that may be (c)(1)) Dated: April 1,1965. stayed by the filing of proper objections. Dated: April 2, 1965. G eo. P. Larrick, Notice of the filing of objections or lack Commissioner of Food and Drugs. thereof will be announced by publication G eo. P. Larrick, [P.B. Doc. 65-3665; Piled, Apr. 7, 1965; in the F ederal R egister. Commissioner of Food and Drugs. 8:49 a.m.] (Secs. 401, 701, 52 Stat. 1046, 1055, as amend [F.R. Doc. 65-3660; Filed, Apr. 7, 1965; ed 72 Stat. 948; 21 U.S.C. 341, 371) 8:50 a.m.] /. SUBCHAPTER B-—FOOD AND FOOD PRODUCTS Dated: April 2, 1965. PART 27— CANNED FRUITS AND G eo. P. Larrick, PART 121— FOOD ADDITIVES FRUIT JUICES Commissioner of Food and Drugs. Subpart F— Food Additives Resulting Fr°?e" Concentrated Orange Juice; [F.B. Doc. 65-3666; Filed, Apr. 7, 1965; From Contact With Containers or Order Amending Standard Re 8:49 a.m.] Equipment and Food Additives garding State Standards Otherwise Affecting Food PART 121— FOOD ADDITIVES ^ QI^ theJn?atter of amending the iden D efoaming A gents U sed in Coatings S S r S i f°.r..!rozen concentrated ora Subpart F— Food Additives Resulting The Commissioner of Food and Drugs, tom? ™ 1/ ; ? 1 27-109) t0 specify the From Contact With Containers or having evaluated the data in a petition tention of the Federal standard with Equipment and Food Additives (FAP 5B1586) filed by Virginia Chemi spect to a state standard of highei Otherwise Affecting Food cals and Smelting Company, West Nor ore restrictive requirements: folk, Va., and other relevant material, cpiwH1?8 considered the comments R esino us and P olymeric Coatings has concluded that the food additive S response to the notice of i The Commissioner of Food and Drugs, regulations should be amended to pro Posed rulemaking in the above-identi having evaluated the data in a petition vide for the use of additional substances 45S6 RULES AND REGULATIONS in the production of defoaming agents mitted in a petition (FAP 4C1307) filed ( 1 ) The numbered line items establish used in food-contact coatings. There by Hess and Clark, Division of Richard- the required limitations and indications fore, pursuant to the provisions of the son-Merrell, Inc., Ashland, Ohio, and for use of the principal ingredient. Federal Food, Drug, and Cosmetic Act other relevant material, has concluded (2) The lettered line items establish (sec. 409(0(1), 72 Stat. 1786; 21 U.S.C. that § 121.237 should be amended to pro the required limitations and indications 348(c)(1)), and under the authority vide for the safe use of nihydrazone with for use of secondary ingredients that delegated to the Commissioner by the low-level antibiotics for growth promo may be added to the indicated princi Secretary of Health, Education, and Wel tion and feed efficiency in chicken feed. pal ingredients. Where principal and fare (21 CFR 2.90), § 121.2557(d) (3> is Therefore, pursuant to the provisions of secondary ingredients have been mixed, amended by inserting alphabetically in the Federal Food, Drug, and Cosmetic the applicable limitations and indica Act (sec. 409(c)(1), 72 Stat. 1786; 21 tions for use from both the numbered the list of substances new items, as items and lettered items apply. If du follows: U.S.C. 348(c)(1)), and under the au thority delegated to the Commissioner plicate limitations occur, these may be § 121.2557 Defoaming agents used in by the Secretary of Health, Education, appropriately combined. coatings. (3) Permitted combinations of prin and Welfare (21 CFR 2.90), § 121.237 is cipal ingredients and secondary ingre (d) * * * revised to read as follows: dients are individually listed. Unless (3) * * * § 121.237 Nihydrazone. specifically provided by the regulations, List of substances Limitations the principal ingredients may not be Nihydrazone may be safely used in mixed with two or more secondary Dimers and trimers of For use only at animal feed when incorporated therein ingredients. unsaturated Clg fatty levels not to ex in accordance with the following pre (4) Where cross-references specify a acids derived from: ceed 0.1 % by scribed conditions: particular table and item number of an Animal and vegetable weight of total (a) The additive is the chemical other section, use of only the principal fats and oils. coating solids. ingredient of the numbered item is au Tall oil. 5-nitro-2-furaldehyde acetylhydrazone. (b) The antibiotic activities author thorized thereby. (5) The term “principal ingredient” Polysorbate 60 conform------— ------?•— ized are expressed in terms of the weight as used in this section refers to the ad ing to the identity pre of the appropriate antibiotic standard. scribed in § 121.1030. ditive named in the title of this section (c) Permitted uses of nihydrazone and is not intended to imply that the Any person who will be adversely af alone and with certain other additives ingredient is of a greater value than any fected by the foregoing order may at are described in tabular form in this other additives named in this section. any time within 30 days from the date section, and these tables are to be read (d) It is used or intended for use as of its publication in the F ederal R egister follows: file with the Hearing Clerk, Department as follows: of Health, Education, and Welfare, Room 5440, 330 Independence Avenue SW., N ihydrazone in Complete Chicken F eed Washington, D.C., 20201, written objec Principal Grams Combined with- Grams Limitations Indications for use tions thereto, preferably in quintuplicate. ingredient per ton per ton Objections shall show wherein the per son filing will be adversely affected by 1. Nihydrazone.. 100 For broilers; for replacement Prevention of chronic respi the order and specify with particularity chickens not over 14 weeks ratory disease (air-sac infec of age; not for laying tion). the provisions of the order deemed ob chickens. In the presence of chronic jectionable and the grounds for the ob respiratory disease (air-sac infection) to reduce mor jections. If a hearing is requested* the tality and severity of in objections must state the issues for the fection and assist in main taining weight gains and hearing. A hearing will be granted if feed efficiency. the objections are supported by grounds Prevention of: pullorum disease; fowl typhoid; legally sufficient to justify the relief 'yphoid (salmonel- sought. Objections may be accompanied S • coccidiosis caused by a memorandum or brief in support by E. tenella, E. necatrix, E. maxima, and E. thereof. brunetti and histomoniasis (blackhead). Effective date. This order shall be ef a. Nihydra 100 Penicillin.. 2.4-50 As procaine penicillin_____ Growth promotion and feed fective on the date of its publication in zone. efficiency. b, Nihydra 100 Penidilin+baci- 3.6-60 Not less than 0.6 gm. of Do. the F ederal R egister. zone. tracin. penicillin and not less (Sec. 409(c) (1), 72 Stat. 1786; 21 U.S.C. 348 than 3.0 gm. of bacitracin; as procaine penicillin+ba- (c)(1)') citracin, bacitracin meth ylene disalicylate, man Dated: April 2, 1965. ganese bacitracin, or zinc G eo. P. Larrick, bacitracin. c. Nihydra 100 Bacitracin., As bacitracin, bacitracin Do. zone. methylene, disalicylate, Commissioner of Food and Drugs. manganese bacitracin, Or [F.R. Doc. 65-3668; Filed, Apr. 7, 1965; zinc bacitracin. 8:50 a.m.] d. Nihydra 100 Chlortetracycline. 10-50 As chlortetracycline hydro Do. zone. chloride.
PART 121— FOOD ADDITIVES (e) To assure safe use, the label and for laying-house replacement or breeders unless tests show that they are not Subpart C— Food Additives Permitted labeling of the additive, any combination of additives, and any feed additive sup carriers. in Feed and Drinking Water of Ani plement, feed additive concentrate, feed (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348 mals or for the Treatment of Food- additive premix, or complete feed pre ( c )( 1)) Producing Animals pared therefrom shall bear, in addition to the other information required by the 2. Based upon the evaluation of the Subpart D-—Food Additives Permitted act, the following : data before him, and in order to pro in Food for Human Consumption (1) The name of the additive or vide further assurance of the safe use additives. of nihydrazone in accordance wit PART 144— ANTIBIOTIC DRUGS; EX (2) A statement of the quantity or § 121.237 of this chapter, the Commis EMPTIONS FROM LABELING AND quantities of additive (s) contained sioner has concluded that a toleranc CERTIFICATION REQUIREMENTS therein. limitation is required prohibiting resi (3) Adequate directions and warnings dues of nihydrazone in eggs. Therefor , Nihydrazone; Antibiotics for use, including a statement to the pursuant to the provisions of the Fe - 1. The Commissioner of Food and effect that poultry that have survived: eral Food, Drug, and Cosmetic Act (sec. Drugs, having evaluated the data sub- salmonella outbreaks should not be kept 409(c)(4), 72 Stat. 1786; 21 U.S-C. 3« Thursday, April 8, 1965 FEDERAL REGISTER 4537
(c) (4)). § 121.1103 is amended by in (Secs. 409(c), 507, 59 Stat. 463 as amended, 72 § 1.6015(a)—1 Declaration of estimated serting the word "eggs” and, as amended, Stat. 1786; 21 UJ3.C. 348(c) , 357) income by individuals. reads as follows: Dated: April 2,1965. * * * * * § 121.1103 Nihydrazone. G eo. P. L arrick, (f) Declarations made by agents. The Commissioner of Food and Drugs. declaration may be made by an agent if, A tolerance of zero is established for by reason of illness, the person liable for residues of the food additive nihydra- [F.R. Doc. 65-3667; Filed, Apr. 7, 1965; the making of the declaration is unable zone (5-nitro-2-furaldehyde acetylhy- 8:49 a.m.] to make it. The declaration may also be drazone) in the uncooked, edible tissues, made by an agent if the taxpayer is un byproducts, and eggs of chickens. able to make the declaration by reason (Sec. 409(c)(4), 72 Stat. 1786; 21 U.S.C. 348 of continuous absence from the United (0 (4 )) Title 26-INTERNAL REVENUE States (including Puerto Rico as if a part 3. Under the authority vested in theChapter I—-Internal Revenue Service, of the United States) for a period of Secretary of Health, Education, and Department of the Treasury at least 60 days prior to the date Welfare by the Federal Food, Drug, and prescribed by law for making the decla Cosmetic Act (sec. 507, 59 Stat. 463 as SUBCHAPTER A— INCOME TAX ration. In addition, a declaration may amended; 21 U.S.C. 357), and delegated [TJD. 6817] be made by an agent if the taxpayer to the Commissioner of Food and Drugs requests permission, in writing, of the pa rt 1— INCOME TAX; TAXABLE district director for the internal reve by the Secretary (21 CFR 2.90), § 144.- YEARS BEGINNING AFTER DE 26(b) of the antibiotic regulations is nue district in which is located the amended by adding thereto the follow CEMBER 3T, 1953 legal residence or principal place of busi ing new subparagraph: ness of the person liable for the making Authority of Agents To Make Returns of the declaration, and such district di § 144.26 Animal feed containing certi of Income and Declarations of Esti rector determines that good cause exists fiable antibiotic drugs. mated Income Tax for Good Cause for permitting the declaration to be so * * * * -* In order to authorize agents to make made. Whenever a declaration is made (b) * * * returns of income and declarations of by an agent it must be accompanied by (60) It is a medicated chicken feed estimated income tax for good cause, the the prescribed power of attorney, Form containing antibiotics and nihydrazone Income Tax Regulations (26 CFR Part 1) 935, except that an agent holding a valid in the amounts and for the purposes in under sections 6012 and 6015 are amend and subsisting general power of attorney dicated in § 121.237 of this chapter; its ed as follows: authorizing him to represent his prin labeling bears adequate directions and cipal in making, executing, and filing the warnings for such use; and there has P aragraph 1. Paragraph (a) (5) of declaration, may submit a certified copy been submitted to the Commissioner, in § 1.6012-1 is amended to read as follows: thereof in lieu of the authorization on triplicate, adequate information of the § 1.6012—1 Individuals required to make Form 935. The taxpayer and his agent, kind described in § 146.10 to establish returns of income. if any, are responsible for the declaration as made and incur liability for the penal the safety and efficacy of the article (a) Individual citizen or resident. and to guarantee its identity, strength, * * * ties provided for erroneous, false, or quality, and purity. The exemption fraudulent declarations. (5) Returns made by agents. The re shall expire at the beginning of any act Because this Treasury decision relates changing the composition of such drug, turn of income may be made by an agent if the person liable for the making of the to regulations which are of a liberalizing or the methods used in, and the facili nature, it is found that it is unnecessary ties and controls used for its manufac return is unable to make it by reason of illness or continuous absence from the to issue these regulations with notice and turing, processing, and packaging, or in public procedure thereon under section its labeling, unless the person who ob United States for a period of at least 60 days before the date prescribed by law 4(a) of the Administrative Procedure tained the exemption has submitted to Act, approved June 11, 1946, or subject the Commissioner, in triplicate, amended for making the return. A return may also be made by an agent if the taxpayer to the effective date limitation of section information that describes such pro 4(c) of that Act. posed changes, and such amendment has requests permission, in writing, of the been accepted by the Commissioner. district director for the internal revenue (Sec. 7805 of the Internal Revenue Code of district in which is located the legal resi 1954; 68A Stat. 917; 26 UJ3.C. 7805) (Sec. 507, 59 Stat. 463 as amended; 21 U.S.C. 357) dence or principal place of business of [ seal] S heldon S . Co h en, the person liable for the making of the Commissioner of Internal Revenue. Any person who will be adversely af return, and such district director deter Approved: April 5,1965, fected by the foregoing order may at any mines that good cause exists for per time within 30 days from the date of its mitting the return to be so made. How S tanley S . S urrey, publication in the F ederal R egister file ever, assistance in the preparation of the Assistant Secretary of the with the Hearing Clerk, Department of return may be rendered under any cir Treasury. Health, Education, and Welfare, Room cumstances. Whenever a return is made [F.R, Doc. 65-3676; Filed, Apr. 7, 1965; 5440, 330 Independence Avenue SW., by an agent it shall be accompanied by 8:50 a.m.] Washington, D.C., 20201, written objec- the prescribed power of attorney, Form hons thereto, preferably in quintuplicate. 935, except that an agent holding a valid Objections shall show wherein the per and subsisting general power of attorney son filing will be adversely affected by authorizing him to represent his prin Title 39— POSTAL SERVICE the order and specify with particularity cipal in making, executing, and filing the provisions 0f the order deemed ob the income return, may submit a certified Chapter I— Post Office Department jectionable and the grounds for the ob copy thereof in lieu of the authorization PART 168— DIRECTORY OF jections. If a hearing is requested, the on Form 935. The agent, as well as the objections must state the issues for the taxpayer, may incur liability for the INTERNATIONAL MAIL A hearinS will be granted if penalties provided for erroneous, false, Cuba; Prohibitions tne objections are supported by grounds or fraudulent returns. For a return of legally sufficient to justify the relief an agent for a nonresident alien indi The regulations of the Post Office De »wi u ^ i ^ i o n s may be accompa- vidual, see paragraph (b) (6) of this sec partment in § 168.5 Individual country meq by a memorandum or brief in sup tion. For the requirements regarding regulations; are amended as follows: port thereof. signing of returns, see § 1.6061-1. I. In country “Cuba”, as amended by * * * * * 29 F.R. 8009, amend the restrictions in Effective date. This order shall be ef- the notes following the headings Postal on the date of its publication in P ar. 2. Paragraph (f) of § 1.6015 (a)-1 Union Mail and Parcel Post to read re tne F ederal R egister. is amended to read as follows: spectively as follows: No. 67— —3 4538 RULES AND REGULATIONS
Postal Union Mail § 416.1 Purpose. § 416.4 Conditions precedent to re* classification. (Letter packages and 8-ounce mer The regulations in this part prescribe chandise packages are limited to those the policies and procedures under which As a condition precedent to reclassifi containing medicines. See Parcel Post arable high land within an irrigation cation of highland as irrigable, follow Prohibitions.) district, when included in farm units or ing receipt of an application therefor, ♦ * * * * water delivery units, or in designated the Project Manager shall determine areas served therefrom, on the Columbia that: Parcel Post Basin Project, Washington, may be re (a) The irrigation block, as defined in (Limited to parcels containing medi classified as irrigable so that it will be the Reclamation Project Act of 1939, cines. See Prohibitions.) eligible to receive project irrigation containing the high land is in the devel II. In country “Cuba”, as amended bywater and be subject to assessment by the opment period, established pursuant to 29 F.R. 11183, the item Prohibitions irrigation district on the same basis as the repayment contract between the under the heading of Parcel Post is other lands in farm units or watér de United States and the irrigation district, amended to show restrictions on parcels livery units, or designated areas served and the irrigable area of the block has containing medicines. As so amended, therefrom, of similar quality classed as not yet been finally determined by the the item Prohibitions reads as follows: irrigable. Secretary of ,the Interior. Prohibitions. Currency, checks, se § 416.2 Definitions; address. (b) The total irrigable acreage of land curities and other financial instruments, held by the landowner, or contract pur unless licensed by the United States As used in this part: chaser, for which water is available, in Treasury Department. (a) “Project Manager” means the cluding such high land covered by the Parcels are limited to those contain Project Manager, Columbia Basin Proj application as may be reclassified as ir ect, Bureau of Reclamation. Com rigable, does not exceed the maximum ing medicines. They will not be de munications should be addressed to that irrigable acreage to which water delivery livered by the Cuban authorities unless officer at Ephrata, Wash. may be permitted by láw as nonexcess the medicines are in their original con (b) “Project Act” means the Colum lands. tainers and are sent in noncommercial bia Basin Project Act (16 U.S.C. 835 et (c) Capacity in the project irrigation quantities. Containers must not be seq.) as amended. distribution system is available under hermetically sealed, and the contents (c) A “farm unit”, if platted prior to normal conditions to serve the high land. must be fully identifiable. October 1, 1962, means a farm unit as (d) The landowner or contract pur (R.S. 161. as amended; 5 U.S.C. 22; 39 U.S.C. then referred to in the Project Act. A chaser, if he does not own or is not pur 501,505) “farm unit”, if platted subsequent to chasing the land on which the turnout H arvey H . H annah, that date, means a unit of land owned, through which the water is to be deliv Acting General Counsel. at the time of platting, by the United ered is located, has obtained an easement [F.R. Doc. 65-3630; Filed, Apr. 7, 1965; States suitable for settlement purposes to take and convey the water he is or 8:47 a.m.] . as determined by the Secretary of the will be entitled to from the turnout to his Interior. land. (d) A “water delivery unit” means a (e) Reclassification of the high land topographically delineated unit of land, as irrigable is in the interest of sound Title 43— PUBLIC LANDS: irrespective of ownership, that is served project development and the land may by a single turnout (except where an reasonably be expected to support proj INTERIOR additional turnout is subsequently put ect irrigation charges over- a continuing in and operated by the project at the ex period and the irrigation thereof will not Chapter I— Bureau of Reclamation, pense of the landowner for his own con create an abnormal drainage problem. Department of the Interior venience) with a delivery elevation higher than the land therein originally § 416.5 Contract with the United States PART 416— RECLASSIFICATION AS IR classified as irrigable. and the Irrigation District. RIGABLE OF HIGH LAND COLUM (e) “High land” means arable land If the Project Manager makes those BIA BASIN PROJECT, WASHING that is classified as nonirrigable because determinations listed in § 416.4, he shall TON of higher elevation than, or an interven offer a draft of contract to the applicant ing physical barrier in relation to its that would, upon acceptance, reclassify This publication revises Part 416 of location with respect to, the turnout and the high land as irrigable and will con Title 43 by making editorial and proce measuring device provided for delivery tain the following provisions and such dural changes required as a result of the of water from the project irrigation sys others as may be appropriate: Act of October 1,1962 (76 Stat. 677). tem to the unit or designated area con (a) The contractor agrees that the re taining it. classified high land will be subject to Inasmuch as there are no substantive irrigation assessments for construction, changes in the regulation, notice and (f) “Reclassified high land” means high land that the United States has re development period water rental, opera public procedure are deemed unneces classified as irrigable. tion and maintenance, and other charges, sary and the revision* as set forth below, (g) “Irrigation District” means the to land classification and water allotment shall become effective on the date of particular irrigation district on the Co determinations, and to other provisions publication in the F ederal R egister. lumbia Basin Project in which the land of the repayment contract between the United States and the district and to S tewart L. U dall, is located. Secretary of the Interior. (h) “Repayment contract” means the laws, rules, and regulations in the same contract, together with any amendments manner and to the same extent as other A pril 1,1965. thereto, in effect between the United project lands heretofore classified as Sec. States and the irrigation district provid irrigable. , 416.1 Purpose. ing for payment of construction charges (b) The district will pay the unitea 416.2 Definitions; address. to the United States. States on behalf of the reclassified high 416.3 Filing of application. land, pursuant to thé provisions of i» 416.4 Conditions precedent to reclassifica § 416.3 Filing of application. repayment contract with the United tion. A landowner or contract purchaser States, the applicable construction, de 416.5 Contract with the United States and holding high land in a farm unit or wa velopment period water rental, opera the Irrigation District. tion and maintenance, and other charges 416.6 Execution of contract by the Irriga ter delivery unit or in a designated area tion District and the United States. served therefrom which is feasible of on such land at the same times and at 416.7 Recording of contract. being irrigated may make application to the same rates as for other land in sim 416.8 Water service charge when no assess the Project Manager through the irriga ilar land classes. ment. tion district, on a form to be provided by (c) An allotment of water will be Authority: The provisions of this Part the Project Manager, to have all or a por available to the reclassified high land ^ 416 issued under sec. 8, 57 Stat. 14 et seq.; tion of the high land reclassified as the same quantity per acre as for otner 16 U.S.C. 835 et seq. irrigable. lands in project farm units and wat Thursday, April 8, 1965 FEDERAL REGISTER 4539 delivery units of the same water require United States in the office of the appro T. 6 S., R. 24 E., ment class or classes (such classes being priate county auditor. The cost of re Sec. 5, Lots 4 to 7, lncl.; Sec. 6, Lots 1, 3. 4, sy 2NEy4, E&SE&NWyi. provided for in the said repayment con cording shall be borne by the landowner and E%SE%; tract). Irrigation water for the reclas or contract purchaser. Sec. 7, Lot 2, NE%. and EyfcNWyfc; sified high land will be delivered through § 416.8 Water service charge when no Sec. 8, NWy4SWy4, and S%SW%; the turnout serving the farm unit or assessment. Sec. 16, Sy2NW%, NEy4SW%, N%SE%, and water delivery unit or the designated SEÎ4SEÎ4; area served therefrom in which the re If a contract is fully executed and re Sec. 18, Ey2SW^NW%; classified high land is located as the corded prior to the end of an irrigation Sec. 22, SW&NEy4, Ny2NWy4. SE&NWte, turnout now exists or may hereafter be season but subsequent to the date of the Ny£SEy4, and SE % SE 14; annual levy of assessments for the sea sec. 23, swy4swy4; reconstructed. Irrigation water shall be Sec. 25, 8 ft; conveyed by the contractor from the said son, the landowner or contract purchaser Sec. 26, SWÎ4NE14, Ny2NWy4, SEftNW yi, turnout to the reclassified high land at will be required, as a condition precedent N y2 SE 14, and SE *4 SE *4 ; his own expense and without cost to the to receiving water service for the re Sec. 35, SWy4SE%. andEy2SEy4; United States or the district for con classified high land that year, to make Sec. 36, ail. struction or operation and maintenance appropriate payment to the irrigation T. 7 S., R. 24 E., of any special facilities required to make district for the water service that will be Sec. 1, Lots 1 to 4, incl.; water available to the reclassified high available to the reclassified high land Sec. 2, Lots 1, 2, sy2NE^, S%S^SW»4, and SE %; land, provided, that the contractor shall during that irrigation season or the re Sec. 3, Sy,Sy2SE%; not maintain the water surface in the maining portion thereof. Sec. 10, N^NEyfc, E ^ S W ^ N E ^ , SE& head ditch or ditches receiving water [F.R. Doc. 65-3643; Filed, Apr. 7, 1965; NE %, Ey2NWy4SE%, and Ey2SEy4 from the said turnout a t higher than the 8:48 am .] (partly unsurv.) ; level established by the United States or sec. 11, wy2Ey2, NE%NE»4, Wy2SE% the district as the delivery water surface NEV4, Wy2, and w y2Ey2SEy4; elevation for the turnout involved. Chapter II— Bureau of Land Manage Sec. 14, Wy2NEy4NE%, and NW%NE%; (d) The contractor, in consideration Sec. 15, Ny2N E ^, SWy4NEy4, SE ^ N W ^, ment, Department of the Interior Ny2SWÎ4, SWÎ4SW&, and W%SE%SW}4 of the reclassification of high land as (unsurv.) ; irrigable as provided for herein and the APPENDIX— PUBLIC LAND ORDERS Sec. 16, Ey2SEy4SEÎ4 (unsurveyed) ; agreement to furnish water to such land, [Public Laud Orda: 3585] Sec. 21,E%E%NEy4 (unsurveyed); expressly waives any rights with respect Sec. 22, Wy2W y,, and W%SE%SWy4; to the reclassified high land which may [Sacramento 077194; Riverside 04315] sec. 27, wy2Ey2w%, wy^Nwyi, Nw% be available under laws of the State of SW 14, and Ey2SWy4SWy4; Washington or otherwise, such as for de CALIFORNIA Sec. 34, Wy2Ey2NW»4. EyaWy6NWy4, and creased construction, development period Ey2sw y 4. water rental, operation and maintenance, Revocation of Reclamation T. 8 S., R. 24 E., and other charges, on account of bene Withdrawal Sec. 3, Lot 3, Ey¡ lot 4, SE34NW&, Ey¿SWy4 fits from the Columbia Basin Project be Nwy4, NEÎ4SW&, Wy2SEy4SW%, and ing less for the reclassified high land By virtue of the authority contained in E^W y^SW ^; because of its higher elevation than, or the Act of June 17,1902 (32 Stat. 388; 43 sec.. 10, wy£NEy4Nw»47 E%Nwy4Nwy4, intervening physical barriers in relation U.S.C. 416), as amended and supple SWy4NWy4, and wy£sw y4; to its location with respect to, the turn mented, it is ordered as follows: Sec. 15, w y2 W% ; 1. The order of the Bureau of Recla Sec. 22, Wy£SWy4NEy4, W^NEy4NWy4, out and measuring device provided for mation dated February 19, 1952, con Nwy4Nwy4, Ey2swy4Nwy4, and SEy4 delivery of water from the project irri curred in by the Bureau of Land Manage Nwy¿. gation system, as compared to the other ment on February 26, 1952, which with T. 3 S., R. 25 E. (unsurveyed) , lands and the added costs and incon Sec. 33, SEy4SE%; venience to him of his serving such lands drew the following described lands for as a result thereof. the Upper San Joaquin River Division, Sec. 34, SEy4NWy4. W&NE&SWyi. and Central Valley Project, is hereby w y2sw y4. Ce) Subject to the Federal Reclama revoked: T. 4 S., R. 25 E. (unsurveyed), tion Laws and the repayment contract, Sec. 4, NEy4NEy4, E%NWy4NEy4, SWÎ4 Mount Diablo Meridian, Calif. as the same may be amended, the pro NE%, Ey2E%SWÎ4, NWy4SE)4. and visions of this contract shall be' binding T. 4 S., R. 24 E. (unsurveyed), w%swy4SEy4; on the heirs, devisees, successors or as Sec. 36, NE%NE%, SW ^ N E ^, Wy2SEy4 Sec. 9, Ey2wy&; signs of the Contractor, and the suc NE&, SE&NW&, E&SW&, and NW% Sec. 16, Ei4Wy2, and SW y4 SW 14; SE 14. cessors and assigns of the United States Sec. 20, Ey2NEy4NE%, s e 14 n e y4, E % and the district, and all such provisions T. 5 S., R. 24 E., Sec. Ì, NE&NWVi, SWJ4NW&, W&SE& SEy4swy4, w y 2NEy4SEy4, NwyfcSEyfc, are covenants that shall run with and NWy4, and NWy4SWy4; and wy2 swy4 SE % ; bind the reclassified high land. This Sec. 2, E&NE^SEi/i, Ey2SWy4SEy4, and Sec. 21,NWy4NWy4; contract may not be terminated or SE % SE 14; sec. 29, NEy4Nwy4, E&NW&Nwyi, swy4 amended by or at the request of the Con Sec. 9, Ey2SE»ASE%; NWy4, and NWyfcSWyi; tractor, and it Will be understood that Sec. 10, Sy2NE%, S ^ N E ^ N E ^ , Ey2SEy4 sec. 30, NEy4swy4, sy2Nwy4swy4, swy4 the same is for the permanent reclassi Nwy4, Ey2Nwy4sw}4, E&swy4. swy4 sw y 4 jsry2ss y 4sw y 4, and N ^SEyi; fication of high land as irrigable and is SW%, N&SE14, and SW&SE^; Sec. 31, Wy£NWy4NWî4. in no sense a temporary contract. sec. 11, sy2srwy4Nw»,4, s&Nwy4, swy4, and E% ; T. 5 S., R. 25 E., § 416.6 ^ Execution of contract by the Sec. 12, Wy2NWy4SWy4, and SW%SW%; Sec. 1, Lots 6, 7, 8, sy¡NEy4, SEy4Nwy4, Irrigation District and the United Sec. 14, Wy2NEi4, NW&. SWi4SW%, and sw y4sw y4, Ey2sw y4, and SEy4; States. NWÌ4SEJ4; Sec, 10, Ey£SWy4SEy4, and E%SEy4; Upon execution of the contract by tl Sec. 15, NE&, NE%3STWi4, and S%SE%; Sec. 11, S^S%NEy4, N%swy4, and N K Sec. 16, NE%. NEi4NWy4, and Ey2NWy4 Ny2SEy4; landowner, and if the land is under cor NW]4; Sec. 12, and Ny2; tract of sale the contract purchaser, ar Sec. 20, NE%SEy4, and S%SE%; sec. 15, wy^NEy4NEy4, Ey2Nwy4NEy4, S /e ta p to the Project Manager, tl Sec. 21, NEy4NEy4, w y2NEy4, SE&NW14, swy4NEy4, Ey2NEy4Swy4, SEy4swy4, shaU submit the contract if it sy£Swy4NWy4, wyfcNE&Swyi, and NWy4SEy4, and Wy2SWy4SEy4; atisfactory to the irrigation district f< NW>/4SWy4 ; Sec. 21, Ey2SEy4SEy4; Upon execution of the coi Sec. 22, N ^ N E ^ N E ^ , and NWy4NWy4; Sec. 23, Ny2NWy4NWy4; sec. 22, E%swy4Nwy4, Ey¿Nwy4, wy£ S ?* irrigation district and its r< NE y4 sw y 4 , and w y2sw y4; urn to the Project Manager, the Pro jo Sec. 29, Wy2NW%NEy4, NE%NWy4, KWÌ4NWVÌ. W>4SE%NWy4, SW&NW&, Sec. 27, Wy2Wy2NWy4, and w y2sw »4; andW ^SW y4; Sec. 28, Ey^NEy4NEy4, SEy4NEy4, and E 14 W W B t S “ “ ° n behali °f “ Séc. 30, Ey2SEy4; SE 14; 8 416.7 Recording of contract. Sec. 31, NEÌ4NEy4, E^SW&NE^. Sec. 33, Ey2NEy4, Ey2Ey2SWy4, and SEy4; SE%NEy4, NE%swyi, sw&swy4, n % Sec. 34, Wy2NWy4, and Sy2; t h ^ ^ Xe<;Uti£n by a11 P^ies theret SE& swyì, NWÌ4SE&, Ny2swy4SE%, Sec. 35, NWy4SWy4. sy&swy4. and sw y4 ontract shall be recorded by tl and SE % SE 14. SEy4. 4540 RULES AND REGULATIONS
T. 0 S., R. 25 E., [Public Land Order 3586] The areas described aggregate 290.48 Sec. 1, Lot 4, SW ^ N E ^, S%NW%, NEJ4 acres in Jefferson County. SWV4. N%SEi4, and SE^SE%; [Oregon 015823] Sec. 2, Lots 1, 2,3, and SE^NE^; OREGON 2. Public Land Order No. 3406 of Sec. 3, Lots 2,3, 4, and S ^ N W ^ ; June 12, 1964, so far as it referred to Sec. 4, Lots 1 to 4 lncl., S»/2Ni/2, Ny2SW%, Partly Revoking Reclamation With SW»4SW%, and Ni/2SE%; the following described lands while re Sec. 5. Lot 1, Sy2NE»4. Ey2SW^, and SE&; drawal; Umatilla Project voking lands withdrawn by Public Land Sec. 7, EVfcSE]4 (unsurveyed); Order No. 1843 of May 4, 1959, is hereby By virtue of the authority contained vacated: Sec. 8, Ny2NE%, NWi/4, and W%SW%; in section 3 of the Act of June 17, 1902 Sec. 18, Ey2 (unsurveyed); P rincipal Meridian Sec. 19, NE& NE^, Sy2NE»4, Ey2SW ^, and (32 Stat. 388; 43 U.S.C. 416), it is ordered W y2 SE y4 (partly unsurveyed) as follows: T. 6 N., R. 7 W„ Sec. 30, Lots 1, 2, 3, 4, Ei/2NW»/4, and NE^4 1. The departmental order of August Sec. 6, lots 6, 7, 8, W^SE% and SW^. swy4. 16,1905, withdrawing lands for reclama T. 5 S.,R. 28E. (unsurveyed), i tion purposes, is hereby revoked so far 3. At 10 a.m. on May 7,1965, the lands Sec. 5, Wy2Wy2NW%; as it affects the following-described described in paragraph 1 hereof shall Sec. 6, Ny2, and SW%; lands: be open to such forms of disposition as Sec. 7, N E ^N W ^, and w y 2NW%. Willamette Meridian may by law be made of national forest T. 6 S., R. 26 E. (unsurveyed), lands. T. 5 N., R. 28 E., Sec. 6, SW54, and SW%SE%; J ohn A. Carver, Jr., Sec. 7, Ny2NE%, SEylNE%, and NE% Sec. 22, w y2SE»/4. Under Secretary of the Interior. NW54; Containing 80 acres. Sec. 8, Si/2NWy4, N E ^ SW ^ , Ny2SE ^ , and A pril 1,1965. SE%SE%; The land is located about two miles Sec. 9, sy 2SW ^, and SW%SE%; southeast of Umatilla, in Umatilla [F.R. Doc. 65-3633; Filed, Apr. 7, 1965; Sec. 15, SW ^N W ^, and W ^SW ^; County. Soils are mostly a light sandy 8:47 a.m.] Sec. 16, Ny2, NE%SWi4, and SE%; loam. Sec. 21,Ny2NEi4; 2. The State of Oregon has waived its [Public Land Order 3588] Sec. 22, NWy4NW i4. preferred right of application to select The areas described, including public the lands provided by R.S. 2276, as [Wyoming 0314324] lands and national forest lands in the amended (43 U.S.C. 852). At 10 a.m. on WYOMING Sierra National Forest, total in the ag May 7,1965, the lands shall become sub gregate approximately 20,200 acres. ject to application, petition, location and Partly Revoking Air Navigation Site Most of the lands are withdrawn for selection generally, subject to valid ex Withdrawal isting rights, the provisions of existing power and other purposes. About 1,560 By virtue of the authority contained in acres, comprising those described in Tps. withdrawals, and the requirements of section 4 of the act of May 24, 1928 (45 3 and 4 S., Rs. 24 and 25 E., are public applicable law. All valid applications lands. received at or prior to 10 a.m. on May Stat. 729; 49 U.S.C. 214), it is ordered as 7, 1965, shall be considered as simul follows: 2. At 10 a.m. on May 7,1965, subject to 1. The departmental order of July 12, the provisions of existing withdrawals, taneously filed at that time. Those filed thereafter shall be considered in the 1938, establishing Air Navigation Site the national forest lands shall be open to Withdrawal No. 122, Colorado and Wyo such forms of disposition as may by law order of filing. 3. The lands have been open to appli ming, is hereby revoked so far as it affects be made of such lands. the following described land: 3. Until 10 a.m. on September 30,1965, cations and offers under the mineral the State of California shall have a pre leasing laws. They will be open to loca Sixth P rincipal Meridian ferred right of application to select the tion under the United States mining laws T. 36 N., R. 79 W. public lands as provided by R.S. 2276, after 10 a.m. on May 7,1965. Sec. 5, Ni/2 of lot 2. Inquiries concerning the lands should as amended (43 U.S.C* 852). On and Containing 18.97 acres in Natrona after that date and hour the said lands be addressed to the Manager, Land Of fice, Bureau of Land Management, Port County. shall become subject to application, peti land, Oreg. The land is situated about 18 miles tion and selection generally, subject to north of Casper, Wyo. Vegetation is valid existing rights, the provisions of J oh n A. Carver, Jr., Under Secretary of the Interior. sparse sagebrush-grassland type. existing withdrawals, and the require 2. Until 10 a.m. on September 3 0 ,1965, ments of applicable lawr April 1,1965. the State of Wyoming shall have a pre All vaiid applications except prefer [F.R. Doc. 65-3632; Filed, Apr. 7, 1965; ferred right of application to select the ence right applications from the State 8:47 a.m.] land as provided by R.S. 2276, as received at or prior to 10 a.m., on May amended (43 U.S.C. 852). After that 7, 1965, shall be considered as simul date and hour the land shall become sub taneously filed at that time. Rights [Public Land Order 3587] ject to operation of the public land laws under such applications and selections [ Montana 064865] generally, including the mining laws, sub filed after that hour will be governed ject to valid existing rights, the provisions by the time of filing. MONTANA of existing withdrawals, and the require 4. The lands have been open to appli cations and offers under the mineral Partly Vacating Public Land Order No. ments of applicable law. All valid ap leasing laws. The public lands released 3406 of June 12, 1964; Partly Re plications received at or prior to 10 a.m. from withdrawal by this order and not on September 30, 1965, shall be consid voking Public Land Order No. 1843 ered as simultaneously filed at that time. otherwise withdrawn from appropriation of May 4, 1959 under the mining laws, will be open to Rights under such applications and se location under the United States mining By virtue of the authority vested in the lections, filed after that date and hour, laws (Chap. 2, Title 30 UB.C.), at 10 President and pursuant to Executive Or shall be considered in the order of filing- a m., on September 30, 1965. der No. 10355 of May 26, 1952 (17 F.R. The land has been open to applica Inquiries concerning the lands should 4831), it is ordered as follows: tions and offers under the mineral leas be addressed to the Manager, Land Of 1. Public Land Order No. 1843 ofing laws. fice, Bureau of Land Management, Inquiries should be addressed to the Riverside, Calif., as to those described in May 4, 1959, so far as it withdrew the Tps. 3 arid 4 S., Rs. 24 and 25 E., and following described national forest lands Manager, Land Office, Bureau of Land Sacramento, Calif., as to the remainder. as part of the Bernice Experimental For Management, Cheyenne, Wyo. est, is hereby revoked: J oh n A. Carver, Jr., Jo h n A. Carver, Jr., XJnder Secretary of the Interior. P rincipal Meridian Under Secretary of the Interior. A pril 1,1965. DEER LODGE NATIONAL FOREST April 1, 1965. [F.R. Doc. 65-3631; Plied, Apr. 7, 1965; T. 6N..R.7W., [FJR. Doc. 65-3634; Filed, Apr. 7, 1965; 8:47 a.m.] Sec. 26, lots 6, 7, 8, W%SE]4 and SW%. 8:47 a.m.] Thursday, April 8, 1965 FEDERAL REGISTER 4541
[Public Land Order 3589] lands in Alaska for lighthouse purposes, The lands are located in the Mojave [New Mexico 0500255] is hereby revoked so far as it affects land Desert, near Boron. Vegetation is of the at Gray Cliff, Seldovia Harbor, Cook In desert type, with creosote bush predom NEW MEXICO let, identified as U.S. Survey 1619, Tract inating. Access is by dirt roads. A, containing 14.12 acres, except 1.64 2. Until 10 ajn. on September 30,1965, Partly Revoking Executive Order No. acres more specifically described as 6143 of May 23, 1933 the State of California shall have a pre follows: ferred right of application to select the By virtue of the authority vested in Beginning at meander corner No. 1, which lands as provided by R.S. 2276 as amend the President by section 1 of the Act of is the true point of beginning of this de ed (43 U.S.C. 852). After that date and June 25, 1910 (36 Stat. 847; 43 U.S.C. scription; thence due north, approximately hour the lands shall become subject to 141), and pursuant to Executive Order 8.71 chains, to the mean high water line of application, petition, location, and selec No. 10355 of May 26, 1952 (17 F.R. 4831), Seldovia Bay; thence following the meanders tion generally, subject to valid existing ordered of the mean high water line in a southerly it is as follows: and easterly direction to the point of begin rights, the provisions of existing with 1. The Executive Order of May 23, ning. drawals, and the requirements of appli 1933, which withdrew the public lands in cable law. All valid applications re certain described areas in the State of The land comprises a high limestone ceived at or prior to 10 a.m. on May 7, New Mexico for the purpose of aiding the bluff overlooking Seldovia Bay to the 1965, shall be considered as simultane State in making exchange selections as south and Katchemak Bay to the west, ously filed at that time. Those filed provided by the Act of June 15, 1926 (44 about one mile north of the town of thereafter shall be considered hi the Stat. 746-748), is hereby revoked so far Seldovia. order of filing. as it affects the following described lands : 2. Until 10 a.m. on July 1, 1965, the 3. The lands have been open to appli New Mexico Principal Meridian State of Alaska shall have a preferred cations and offers under the mineral leas right to select the restored land as pro ing laws and to location for metalliferous T. 20 S., R. 17 W., vided by the act of July 28,1956 (70 Stat. Sec. 7, lots 3,7,8 and NE&SW ^. minerals. They will be open to location T. 20 S., R. 18 W.. 709; 48 U.S.C. 46-3b); section 6(g) of for nonmetalliferous minerals after 10 Sec. 1; the Alaska Statehood Act of July 7, 1958 a.m. on September 30,1965. Sec. 3; (72 Stat. 339), and the regulations in 43 Inquiries concerning the lands shall Sec. 5; CFR 2222.9 (formerly 43 CFR Part 76). be addressed to the Manager, Land Of Sec. 8, Ny2. Ny2s y 2, SE&SW^ and s y 2 3. This order shall not otherwise be fice, Bureau of Land Management, Riv SE%. come effective to change the status of erside, Calif. The areas described aggregate ap the restored land until 10 a.m. on July 1, J ohn A. Carver, Jr., proximately 2,669 acres. 1965. At that time it shall be open to Under Secretary of the Interior. the operation of the public land laws gen 2. Until 10 a.m., on September 30,1965, A pril 1,1965. the State of New Mexico shall have a erally, including the mining laws, sub ject to valid existing rights, the provi [P.R. Doc. 65-3637; PUed, Apr. 7, 1965; preferred right of application to select 8:47 a.m.] the lands as provided by R.S. 2276 as sions of existing withdrawals, and the amended by section 2 of the Act of Au requirements of applicable law. All gust 27, 1958 (72 Stat. 928; 43 U.S.C. valid applications, except preference [Public Land Order 3592] rights applications from the State of 851, 852), on and after that date and [Anchorage 058564; Misc. 1030461] hour the lands shall become subject to Alaska, received at or prior to 10 a.m, on application, petition, and selection gen July 1,1965, shall be considered as simul ALASKA erally, subject to valid existing rights, taneously filed at that time. Those re the provisions of existing withdrawals, ceived thereafter shall be considered in Partly Revoking Executive Order No. and the requirements of applicable law. the order of filing. 6039 of February 20, 1933 All valid applications except preference The land has been open to applications and offers under the mineral leasing By virtue of the authority vested in the right applications from the State, re laws. President and pursuant to Executive Or ceived at or prior to 10 am., on Septem der No. 10355 of May 26, 1952 (17 F.R. ber 30,1965, shall be considered as simul Inquiries should be directed to the Manager, District and Land Office, Bu 4831), it is ordered as follows: taneously filed at that time. 1. Executive Order No. 6039 of Febru 3. The lands have been open to loca reau of Land Management, Anchorage, Alaska. ary 20, 1933, so far as it reserved the tion for metalliferous minerals and to following-described public land in Alas applications and offers under the mineral J o h n A. Carver, Jr., Under Secretary of the Interior. ka for use of the War Department as a leasing laws. They will become subject radio station, is hereby revoked: to location for nonmetalliferous minerals April 1,1965. K odiak at 10 a.m., on September 30, 1905. [P.R. Doc. 65-3636; Piled, Apr. 7, 1965; Inquiries concerning the lands should 8:47 a.m.J Commencing at a point from which corner be addressed to the Manager, Land Of No. 7, U S A 562 bears S. 47°30' W., 228.56 fice, Bureau of Land Management, Post feet, the true point of beginning, thence N. Office Box 1449, Santa Pe, N. Mex., 87501. [Public Land Order 3591] 37900' E., 470.18 feet; N. 43°55' E., 252.45 [Riverside 06059] feet; N. 28°32' E., 257.47 feet; N. 63° 19' E., J oh n A. Carver, Jr., 200.38 feet; S. 34°43' E., 455.16 feet; S. 55°17' Under Secretary of the Interior. CALIFORNIA W., 429.51 feet; S. 43°29'30" W., 351.97 feet; W. 425.0 feet, to the point of beginning. April 1, 1965. Partly Revoking Public Water [P.R. Doc. 65-3635; Piled, Apr. 7, 1965; Reserve No. 107 Containing 8.72 acres. 8:47 a.m.] 2. Subject to any existing valid rights By virtue of the authority vested in the and the requirements of applicable law, President by section 1 of the Act of June the land is hereby opened to settlement [Public Land Order 3590] 25,1910 (36 Stat. 847; 43 U.S.C. 141), and and to filing of such applications and se [Anchorage 062073] pursuant to Executive Order No. 10355 lections as are allowable on unsurveyed of May 26, 1952 (17 F.R. 4831), it is land in accordance with the following: ALASKA ordered as follows: a. Until 10 a.m., on July 1, 1965, the 1. The Executive Order of April 17,State of Alaska shall have a preferred Partial Revocation of Lighthouse 1926, creating Public Water Reserve No. right to select the land in accordance Reserve 107, is hereby revoked so far as it affects with and subject to the limitations and the following-described lands: Pr^ y^r^ue of the authority vested in the requirements of the Act of July 28, 1956 en^’ an(l pursuant to Executive San Bernardino Meridian (70 Stat. 709; 48 U.S.C. 46-3b), and sec X No. 10355 of May 26, 1952 (17 F.R. T. 11 N., R. 8 E., tion 6 (g) of the Alaska Statehood Act of i ™^ *s or{lered as follows: Sec. 10,SE%SWV4; July 7, 1958 (72 Stat. 339), and the reg *• Executive Order No. 3406 of Feb Sec. 12, SE%SE'%-. ulations in 43 CFR 2222.9 (formerly 43 ary 13, 1921, which withdrew public The areas described aggregate 80 acres. CFR Part 76). ' 4542 RULES AND REGULATIONS b. All other valid applications and seT. 29 N., R. 28 E., Containing approximately 2.80 acres. lections under the nonmineral public Secs. 4 to 9, incl., secs. 16 to 21, incl., and 2. The Executive Order of May 4,1907, secs. 28 to 33, incl. so far as it withdrew not to exceed forty land laws presented at or prior to 10 a.m. T. 30 N., R. 28 E., on July 1, 1965, will be considered as si Secs. 4 to 9, incl., secs. 16 to 21, incl., and acres at Barrow for educational pur multaneously filed at that hour. Rights secs. 28 to 33, incl. poses, is hereby revoked. under such applications and selections T. 31 N., R. 28 E., John A. Carver, Jr., filed after that hour will be governed by Secs. 4 to 9, incl., secs. 16 to 21, incl., and the time of filing. secs. 28 to 33, incl., unsurveyed. Under Secretary of the Interior. T. 32 N., R. 28 E„ 3. The land has beeh open to applica Secs. 4 to 9, incl., secs. 16 to 21, incl., and April 1.1965. tions and offers under the mineral leas secs. 28 to 33, incl. [F.R. Doc. 65-3640; Filed, Apr. 7, 1965; ing laws. It will be open to settlement 8:47 a.m.] Under the homestead and Alaska home- The areas described aggregate 519,106 site laws and to location under the acres in Pershing County. United States mining laws beginning at The lands are situated about 25 miles [Public Land Order 3595] 10 a.m. on July 1,1965. west of Lovelock and 12 miles east of [Wyoming 0304138] 4. Persons claiming preference rights Gerlach, Nev. Topography ranges from based upon valid settlement, statutory flat valleys to steep mountain ranges. WYOMING preference or equitable claims must en Most of the valleys are waste areas of Withdrawal for Seminoe Reservoir close properly corroborated statements in adobe flats or playa lakes with highly support of their applications, setting saline soils, and a predominant vegeta By virtue of the authority contained in forth all facts relevant to their claims. tion of greasewood, shadscale, rabbit section 3 of the Act of June 17, 1962 (32 Inquiries should be addressed to the brush and annual forbs. The mountain Stat. 388; 43 U.S.C. 416), as amended Manager, Land Office, Bureau of Land ranges and slopes have rocky or gravelly and supplemented, it is ordered as fol soils, with the vegetation being big sage lows: Management, Anchorage, Alaska. brush, low sage, rabbitbrush, native Subject to valid existing rights, the fol J ohn A. Carver, Jr., bunchgrasses, cheatgrass, annual and lowing-described public lands, which are Under Secretary of the Interior. perennial forbs, and some junipers at under the jurisdiction of the Secretary high elevations. There are no perma of the Interior, are hereby withdrawn April 1, 1965. nent streams in the area, and permanent from all forms of appropriation under {F.R. Doc. 65-3638; Filed, Apr. 7, 1965; springs are few and widely scattered. the public land laws, including the min 8:47 am .] 2. Subject to valid existing rights anding laws (Chap. 2, Title 30 U.S.C.), but to the provisions of existing withdrawals not from leasing under the mineral leas [Public Land Order 3593] and procedures, the lands shall, at 10 ing laws, and reserved for the Seminoe a.m. oh May 7,1965, become subject to [Nevada 013136] Reservoir, Kendrick Project: disposition under the public land laws, Six th P rincipal Meridian NEVADA including the mining and mineral leas ing laws. All valid applications received T. 23 N., R. 84 W., Revoking Withdrawal for Department at or prior to 10 a.m. on May 7, 1965, Sec. 24, SW&NE& and NW&SE^. of the Navy; Sahwave Mountain shall be considered as simultaneously Containing approximately 80 acres in Gunnery Range filed at that time. Those filed there Carbon County. after shall be considered in the order of J ohn A. Carver, Jr., By virtue of the authority vested in filing. the President and pursuant to Executive Inquiries concerning the lands should Under Secretary of the Interior. Order No. 10355 of May 26,1952 (17 F.R. be directed to the Manager, Land Office, April 1,1965. 4831), it is ordered as follows: Bureau of Land Management, Reno, Nev. [F.R. Dec. 65-3641; Filed, Apr. 7, 1965; 1. Public Land Order No. 1632 of May J ohn A. Carver, Jr., 8:47 a.m.] 7, 1958, which withdrew the following Under Secretary of the Interior. described public lands for use of the De [Public Land Order 3596] April! , 1965. partment of the Navy as an air-to-air [Oregon 010101] gunnery range, and Public Land Order [F.R. Doc. 65-3639; Filed, Apr. 7, 1965; No. 2932 of February 8, 1963, which ex 8:47 am .] OREGON tended the jurisdiction and use granted Modifying Water Power and Other to the Department of the Navy by Public [Public Land Order 3594] Withdrawals To Permit Grant of Land Order No. 1632 over and for the [ Fairbanks 031011 ] Right-of-Way lands to May 6,1968, are hereby revoked: ALASKA By virtue of the authority vested in the M o u n t D iablo Meridian President by section 1 of the act of June Withdrawal for Educational Purposes; T. 25 N., R. 25 E., 25,1910 (36 Stat. 847; 43 U.S.C. 141) ,and Secs. 1 to 5, incl., and 8 to 17, incl. Partly Revoking Executive Order of pursuant to Executive Order No. 10355 of T. 25 N., R. 26 E., May 4, 1907 May 26, 1952 (17 F.R. 4831), and by vir Secs. 1 to 18, in d . tue of the authority contained in the_act T. 25 N., R. 27 E., By virtue of the authority vested in of March 3, 1879 (20 Stat. 394; 43 U.S.C. Secs. 1 to 18, incl. the President and pursuant to Executive T. 26 N., Rs. 25,26 and 27 E. Order No. 10355 of May 26,1952 (17 F.R. 31), it is ordered as follows: T. 27 N., Rs. 25, 26 and 27 E. 4831), and by virtue of the authority The Executive Orders of December 19, T. 28 N., Rs. 25, 26 and 27 E. contained in the Act of May 31, 1938 (52 1910, and May 17, 1917, creating Power- T. 29 N., R. 25 E., unsurveyed. Stat. 593; 48 U.S.C. 353a), it is ordered site Reserves Nos. 167 and 623 respec T. 29 N., Rs. 26 and 27 E. tively, the departmental order of May 8, T. 30 N., R. 25 E., unsurveyed. as follows: 1946, establishing Powersite Classifica T. 30 N., Rs. 26 and 27 E. 1. Subject to valid existing rights, thetion No. 143 and Public Land Order No. T. 31 N., Rs. 25, 26 and 27 E., unsurveyed. following-described public lands are 1726 of September 3, 1956, for protection T. 32 N., Rs. 25, 26 and 27 E., unsurveyed. hereby withdrawn from all forms of ap T. 25 N., R. 28 E., propriations under the public land laws, of scenic and recreation areas, are hereby Secs. 4 to 9, incl., and secs. 16 to 18, incl. including the mining laws, but not from modified to the extent necessary to per T. 26 N., R. 28 E., mit the granting of a highway right-of- Secs. 4 to 9, incl., secs. 16 to 21, incl., and leasing under the mineral leasing laws, way under Revised Stat. 2477 (1875), (4 secs. 28 to 33, incl. for school purposes in connection with U. S.C. 932), to Josephine County, Ore T. 27 N., R. 28 E., administration of the affairs of the gon, over the following d e s c rib e d lands, Secs. 4 to 9, incl., secs. 16 to 21, incl., and Indians, Eskimos, and Aleuts of Alaska: as delineated on maps filed with the Bu secs. 28 to 33, incl. Barrow reau of Land Management in O rego T. 28 N., R. 28 E., Secs. 4 to 9, incl., secs. 16 to 21, incl., and U.S. Survey No. 4615, 010101 for the relocation of an existing secs. 28 to 33, incl. Block 19. road. Thursday, April 8, 1965 FEDERAL REGISTER 4543 Willamette Meridian studio is located, or proposed to be lo tial burdens imposed upon broadcasters T. 35 S., R. 7 W., cated, a file containing a copy of every by the proposal, notably in the form of Sec. 6, lots 5, 6,12, and 13. application and report, amendments, and having to make available physical facili T. 35 S., R. 8 W.t documents incorporated by reference, ties for the file and for its use by inter Sec. 1, lots 4, except patented portion, and which is by the provisions of § 0.417 of ested members of the public. We have lots 5, and 8. the rules open for public inspection at considered the arguments addressed to The areas described aggregate ap the Commission’s offices in Washington, this point, but we do not believe that this proximately 228.88 acres. D.C. will be such a burden as to make the plan J oh n A. Carver, Jr., 3. As we stated in the Notice, it wasunworkable or unduly burdensome. We Under Secretary of the Interior. our belief that, in addition to reports, all have provided for the use of any of sev applications and related material should eral techniques for making the file avail April 1,1965, be kept on file locally even though not able to the public. Because of the ad [P.R. Doc. 65-3642; Filed, Apr. 7, 1965; subject to the “local notice” requirements mittedly novel feature of the proposal, 8:48 a.m.] of §§ 1.580 and 1.594 of the rules. It is we intend to review its operation as our desire to make our pre-grant and experience accrues, and, if it appears hearing procedures more effective, and necessary, to modify the rules accord to effectuate the mandate of Congress ingly. Title 47— TELECOMMUNICATION to permit greater public participation 7. The present proposal is objected to in such proceedings, and we were of the on the grounds that only those members Chapter I— Federal Communications opinion that such a proposal would im of the public with a “legitimate” interest Commission plement effectively attainment of this in any of the proceedings before the (Docket No. 14864; FCC 65-273] goal. However, a study of the comments Commission have or should have a right filed in this proceeding has convinced to inspection. Some go furthér and part 0— COMMISSION us that, at least until more experience maintain that such persons would have ORGANIZATION is gained in this subject, it would be best to be “parties in interest” in the tech to restrict local inspection generally to nical sense of the term. Another re PART 1— PRACTICE AND major applications which are subject to curring objection is that the proposal is PROCEDURE the provisions of §§ 1.580 and 1.594, and unnecessary because “legitimate” re PART 73— RADIO BROADCAST to ownership reports. The rules adopted quests for information are not denied, herein reflect this view. They also con that in any event anyone with serious SERVICES tain language designed to clarify certain intent can get the desired information Miscellaneous Amendments ambiguities in the proposal which were from the Commission’s offices in Wash pointed out by the comments and to ef ington, and that there is little or no In the matter of new § 0.418 and fect other changes found appropriate. public demand for information. amendment of §§0.417 (formerly in 8. With regard to the objection that 0.406), 1.580 (formerly 1.359), and 1.594 D iscussio n of Comments only persons with a legitimate interest (formerly in 1.362) of the Commission’s General statement. 4. Westinghouse or who are technically parties in interest rules Relating to Inspection of Records, Broadcasting Co., Inc., concurs in the should have access to local files, we ob to Pre-Grant Procedures, and to Local proposal but would modify proposed serve that the pre-grant procedures of Notice of Piling or of Designation for § 1.526 to specify public inspection “by the FCC are not merely a procedural Hearing of Broadcast Applications;1 parties having a bona fide interest there system for applicants and the Commis Docket No. 14864. in for a reasonable period of time * * *” sion. They established basic Conditions 1. The Commission has before it for Storer Broadcasting Co. also states that with respect to the public’s right to be consideration the notice of proposed rule subject to certain limitations it will not informed. Notice is required to be given making issued in this proceeding on No oppose local inspection of those applica to the public by Rules 1.580 and 1.594. vember 27,1962 (FCC 62-1218), and the tions concerning which local notice These rules are based on the pre-grant comments and reply comments filed in must be published under Rule 1.580. Co procedures established by Congress in response to the Notice by a number of lumbia Broadcasting System, Inc., takes present sections 309 and 311 of the Act. broadcast licensees (including two of the a similar position. To a substantial de 9. Congress, in enacting the present national networks), state broadcasters’ gree, however, the comments are in op pre-grant provisions of the statute, associations, law firms engaged in the position to adoption of the proposed rule. zealously guarded the right of the gen practice of communications law, and by Arguments against keeping records for eral public to be informed, not merely the National Association of Broadcasters. local inspection. 5. Some object to what the rights of those who have special 2. The purpose of this proposal is to is characterized as an intrusion upon interests. See, e.g., Senate Report No. enable local inspection to be made of the right of broadcasters to privacy. 690, 86th Cong., 1st Sess., to accompany broadcast applications, reports, and re Others suggest that the information S. 1898, “New Pre-Grant Procedure” lated documents that are filed with the proposed to be made available will be of (August 12, 1959), p. 2 : “The proposed Commission by applicants, permittees, use only to competitors and to cranks, procedure provided herein for pre-grant and licensees and that are already avail and that there is no substantial evidence objections would not be workable unless able for public Inspection at the Com of a legitimate demand for the informa objectors were given a reasonable op mission’s offices in Washington, D.C. tion proposed to be made available lo portunity to make known their objec Thus, the proposed rules would have re cally to the public. It is maintained that tions. . . .” Note that the simple, non quired broadcast applicants, permittees, responsible groups can by simple request technical reference is to “objectors.” mid licensees to keep for public inspec to the station have access to the infor Again, in referring to the section which tion in the community in which the main mation they require. Some contend that is now section 309(b) (1), which provides the public is interested only in program for petitions by “any party in interest,” By Order adopted October 31, 1963, and ming and can best obtain programming Published in 28 F.R. 12386, Parts 0 and 1 of a footnote is appended thereto which be rules were editorially revised and re information by listening to or viewing states (Id. at p. 3) : “Although the right numbered. As a result of this action, as the station involved. Argument is made to file a petition to deny is limited to a naicated in the caption above, the portions that much of the data which would be ‘party in interest,’ it is not intended to n *°rmer 85 0.406 and 1.362 which were required to be kept is too technical for deprive any person of the privilege of nen^ to the present proceeding now public use. Substantial opposition fixes filing informal objections to the grant bSh68»' k* 58 0.417-and 1.594, respectively; upon what, it, is contended, will be a of any authorization.” Similar support 81 Kor.0rmer 8 1.359 has been redesignated heavy burden upon the licensee to meet ' ' - • ^’or the sake of simplicity, in the is found in House Report No. 1800, 86th rpf„®'ind1er of the present document we shall the requirements for public inspection. Cong., 2d Sess., “Communications Act 1 rda only to the new section numbers 0.417, 6. The Commission is of the opinionAmendments, 1960” (June 13, i960), p. cirioH *n addition, we have de- that sound argument has not been ad 10, where it is stated that “the establish uea that the proposed new § 0.418 should vanced to offset the prospective benefit ment of the new ‘pre-grant’ procedure th.rJ5rnbere
Changes in O riginal P roposal quirement of local notice with regard to § 1.613 of its rules and open to public in 16. The proposal set out in our noticeminor amendments, we believe that the spection at the Commission’s offices in would have required every applicant, per public should have access to full infor Washington, D.C., should not be kept on mittee, or licensee to maintain local files mation on those applications and reports file locally. We disagree. Incorpora containing “a copy of every application which are to be kept in the local file. tion by reference in documents filed with and report (including amendments “Papers filed t h e r e w i t h 20. The the Commission is permitted where the thereto and papers filed therewith and comments correctly point out that the matter so incorporated already appears documents incorporated by reference phrase ‘‘papers filed therewith” should in other Commission records and is therein) filed by him * * * which Cisl be clarified to indicate more specifically therefore available to the Commission. * * * open for public inspection at the what documents are intended to be kept This practice is permitted to avoid un offices of the Commission.” (Emphasis in the local files, since the proposed necessary paper work on the part of ap added.) Consideration of this proposal language is broad enough to be construed plicants, permittees or licensees. How in the light of the record leads us to make to include all of the documents men ever, the purpose of disclosure of infor the changes discussed below. tioned in § 0.417(a) (5) of the rules as mation to the local public would be de Applications. 17. We are persuaded by open to public inspection (including such feated if items incorporated by reference the comments that at present the pur items as pleadings, depositions, and were not available in the local file. We pose of making pre-grant procedures transcripts of testimony). In order to do not believe that the expense of pre more effective will be served by limiting achieve the purposes previously men paring copies of such incorporated mate the applications required to be kept on tioned, we believe that the local file rial for local filing is prohibitive, and file locally, with a few exceptions, to should include all letters, exhibits or in many cases copies are probably al copies of broadcast applications as to other documents filed as part of the ap ready available. Furthermore, as time which public notice is required to be plication. Thus, for example, exhibits re passes after the adoption of the new given under §§ 1.580 and 1.594 of our quired by the application form or letters rules, it will not be necessary to provide rules. The revised rules will require that of local citizens attached to the applica material incorporated by reference if that copies of the following applications be tion should appear in the local file. In material is already in the local file. The kept in the local file: New main construc addition, we also believe that such files language of the rules adopted herein so tion permits, construction permits for should include subsequent correspond states. major changes of facilities of authorized ence between the Commission and the 23. Under the provisions of § 1.615(a) stations, and license renewals. The file applicant concerning the application, (4) (i) of the rules, the licensee must list must also contain copies of all applica since it often contains facts which shed in ownership reports all contracts still tions for consent to assignment or trans light on various portions of the applica in effect which are required to be filed fer under section 310(b) of the Act re tion. It is not our view, however, that the with the Commission under the pro gardless of whether public notice under local file need contain other items men visions of § 1.613. This listing, in effect, § 1.580 or 1.594 is required. In addition, tioned in § 0.417(a) (5) of tfie rules such incorporates the contracts into the re minor applications reporting changes in as, for example, pleadings, briefs, tran ports by reference since it allows Com program service will be required to be scripts of testimony, and depositions per mission reference to the contracts in its filed locally, as will applications for ex taining to hearings on an application. files as needed. Filing an ownership re tension of time in which to complete Such material, we believe, would be like port locally without making copies of the construction of new stations. This ly to make the local file so large and cum contracts locally available would, for rea means it will not be necessary to main bersome that its practical utility as a sons given above, be inconsistent with the tain a local file with regard to applica source of information for the average policy underlying the new local inspec tions for most minor changes in the facil member of the public would be severely tion rules. The new rules are drafted to ities of an authorized statioh, licenses to restricted. Moreover, by the time a pro make it clear that such contracts must cover construction permits, extensions of ceeding has reached the stage of an ad be provided in the local file as a supple time in which to complete atuhorized judicatory hearing it must be presumed ment to the ownership report if they are construction of other than new stations, that interested parties in a community open to public inspection at the offices of authorizations for remote pickup or have had an opportunity to express their the Commission. studio links for use in connection with views. We are of the opinion, however, Filing by multiple owners. 24. Some the operation of broadcast stations, and that copies of Initial and Final Decisions parties raise the question as to whether certain other types of applications. This in hearing cases should be made a part the language of the proposed rules would will serve to limit the local availability of the local file, and have made appro require multiple owners to keep at each requirements to those applications with priate provision therefor in the rules. station the applications they file not only which the public is most concerned. As The language in the rules which we adopt for that station but for all of their other experience dictates, the requirements for has been accordingly delimited and is stations. This was not our intent, and local filing may be revised or expanded. not as broad as originally proposed. We the rules as adopted require that the Ownership reports. 18. As stated pre are also of the opinion that, for the sake public file to be maintained by the sta viously, we believe it essential for the of providing full information in connec tion need contain only the applications public to have ready access to ownership tion with the ownership and supplemen and rêlated material pertaining to that information which will identify the prin tal ownership reports, material filed as station. One other matter/concerning cipals of the licensee who are responsi part thereof such as, for example, an ex multiple owners requires comment. Our ble for the program service and policies hibit, or a Form 323 filed by a holding rules permit one Ownership Report (FCC of a broadcast station. Accordingly, the company under the provisions of in Form 323) to be filed for all stations rules adopted herein require that owner struction 4 of the ownership report, under common ownership. To carry out ship and supplemental ownership reports should be maintained in the the local file, the purpose of local availability, it is nec form a part of the local file.3 Concerning as should subsequent correspondence essary that each station maintain a copy the contents and number of such re concerning the reports. of this report, and the new rules so ports to be kept on file by multiple own 21. A question arises as to program logsprovide. ers, see paragraphs 24 and 25. or copies of program logs submitted with Requests for political time. 25. Under Amendments. 19. The proposal re renewal applications. It is our belief the provisions of §§ 73.120(d), 73.290(d), quires local files to contain all amend that they form an important part of ap 73.590(d), and 73.657(d) of the rules, ments to applications and reports re plications held for public inspection, and licensees are required to “keep and per quired to be kept locally. No distinction that a copy should be on file locally. mit public inspection of” certain records is made between major and minor Documents incorporated by reference. 22. Various arguments are advanced pertaining to requests for political broad amendments. Although there is no re- which urge that documents incorporated casting time. No place of retention for by reference into applications or reports such records is specified in those sections. Although the notice in this proceeding The rule adopted herein provides that proposed to keep in the local file every re- should not be required to be kept on file tvf™ J^ich was open for public inspection in locally. It is stated, for example, that such records shall be part of the local e Commission’s offices, only ownership re- loan agreements, bulk time contracts, file. ports were intended, and the rule which we consultant agreements, and other con Other matters. 26. There are a num dopt is changed accordingly. tracts filed with the Commission under ber of comments to the effect that the No. 67------4 4546 RULES AND REGULATIONS time allowed for inspection—“during 32. Accordingly, it is ordered, That, mittee for such station after May 13 regular business hours”—is too vague effective May 14, 1965, Parts 0,1, and 73 1965, pursuant to the provisions of this and will result in some instances in a of the Commission’s rules are amended part, which is not included in subpara round-the-clock period of inspection. as set forth below. graph (1) of this paragraph and which We do not so construe the requirement. 33. Jt is further ordered, That this involves changes in program service, Broadcasters are free to determine their proceeding is terminated. which requests an extension of time ^ regular business hours—i.e., those hours (Secs. 4, 303, 48 Stat. 1066, as amended, 1082, which to complete construction of a new during which their normal commercial as amended, 5 (a ), 74 Stat. 892; 47 U.S.C. 154, station, or which requests consent to business is transacted in their communi 303, 311) involuntary assignment or transfer, or ties—and to use these same hours for to voluntary assignment or transfer not local inspection. Application of the re Adopted: March 31, 1965. resulting in a substantial change in quirements here with common sense will Released: April 5,1965. ownership or control and which may be avoid abuses or hardship either for the applied for on FCC Form 316; and copies broadcaster or members of the public. F ederal Communications of all exhibits, letters, and other docu 27. It has been suggested by several Co m m issio n ,5 ments filed as part thereof, all amend of the parties that the Commission [seal ] B en F. W aple , ments thereto, all correspondence be should establish public reference rooms Secretary. tween the Commission and the applicant in its regional and field offices, and that 1. Section 0.417 of the Commission pertaining to the application after it the public should be so advised. How rules and regulations is hereby amended has been tendered for filing, and copies ever, the local availability of the Ale pro by addition of a note at the end of of all documents incorporated therein posed in § 1.526 could not be accom subparagraph (5) of paragraph (à) of by reference. Information incorporated plished by its availability at our field that section to read as follows: i>y reference which is already in the offices. Except for those communities in local file need not be duplicated if the which these offices are located, the pur § 0.417 Inspection of records. entry making the reference sufficiently pose of this proposal would be defeated. (a) * * * identifies the information so that it may 28. It has also been suggested that, v' (5) * * * be found in the file, and there has been rather than require the keeping of local No t e : Certain broadcast applications, re no change in the document since the files as proposed, the rules of the Com ports, and records are also available for in date of filing and the licensee, after mission be amended so as to require more spection in the community in which the making the reference, so states. detail in the local notice given under the main studio of the station in question is (3) A copy of every ownership report provisions of §§ 1.580 and 1.594. We are located or is proposed to be located. See or supplemental ownership report filed of the opinion that adequate detail could § 1.526 of this chapter. by the licensee or permittee for such not be given in such notices without * * * * * station after May 13, 1965, pursuant to making them too unwieldly and the cost 2. Section 1.526 is hereby added to the provisions of this part; and copies too burdensome.4 the Commission rules and regulations to of all exhibits, letters, and other docu 29. A specific time period for the re read as follows: ments filed as part thereof, all amend tention of records in the file is sought by ments thereto, all correspondence be several parties, with periods of one and § 1.526 Records to be maintained locally tween the permittee or licensee and the two years suggested. As we stated in our for public inspection by applicants, Commission pertaining to the reports notice of proposed rule making, we shall permittees, and licensees. after they have been filed, and all docu consider establishing limits on the use (a) Records to he maintained. Everyments incorporated therein by reference, ful duration of the period for which the applicant for a construction permit for including contracts listed in such re files would have to be maintained as ex a new station in the broadcast services ports in accordance with the provisions perience under the new provisions ac shall maintain for public inspection a of § 1.615(a) (4) (i) and which accord crues. In two respects, the rules do con file for such station containing the ma ing to the provisions of § 0.417 of this tain specific retention periods. First, terial in subparagraph (1) of this para chapter are open for public inspection they require that records pertaining to graph, and every permittee or licensee at the offices of the Commission. Infor requests for political broadcasting time of a station in the broadcast services mation incorporated by reference which be kept in the local file for the time pe shall maintain for public inspection a is already in the local file need not riod specified in Part 73 of the rules. file for such station containing the ma be duplicated if the entry making the (The time is two years.) Second, par terial in subparagraphs (1), (2), (3), and reference sufficiently identifies the in ties whose applications for construction (4) of this paragraph, as follows: formation so that it may be found in permits are denied may destroy the file (1) A copy of every application ten the file, and if there has been no change after the time indicated in the new dered for filing by the applicant for such in the document since the date of filing § 1.526(e) (1). If the applications are station after May 13, 1965, pursuant to and the licensee or permittee, after granted, the applicant then becomes a the provisions of this part, with respect making the reference, so states. permittee and must, under the provisions to which local public notice is required (4) Such records as are required to be of § 1.526(e) (2), rétain the material on to be given under the provisions of § 1.580 kept by §§ 73.120(d), 73.290(d), 73.590 file indefinitely. or § 1.594; and all exhibits, letters and (d), and 73.657(d) of this chapter, con 30. In view of the foregoing, the Com other documents tendered for filing as cerning broadcasts by candidates for mission is of the opinion that the public part thereof, all amendments thereto, public office. interest would be served by amendment copies of all documents incorporated (b) Responsibility in case of assign of the rules as set out below. therein by reference, all correspondence ment or transfer. (1) In cases involving 31. Authority for the amendments between the Commission and the appli applications for consent to assignment adopted herein is contained in sections cant pertaining to the application after of broadcast station construction per 4(i), 303(r) and 311 of the Communica it has been tendered for filing, and copies mits or licenses, with respect to which tions Act of 1934, as amended. of Initial Decisions and Final Decisions public notice is required to be given un in hearing cases pertaining thereto. der the provisions of § 1.580 or § 1-594. 4 Metromedia filed a document in this proInformation incorporated by reference the file mentioned in paragraph (a) of ceeding-entitled "Comments of Metromedia, which is already in the local file need not this section shall be maintained by the Inc., and Request for Further Amendment of be duplicated if the entry making the assignor. If the assignment is consented § 1.359 of the rules" in which it not only reference sufficiently identifies the in to by the Commission and consummated, commented on the proposal in this docket formation so that it may be found in the the assignee shall maintain the file com but also requested the Commission to insti file, and if there has been no change in mencing with the date on which notice tute a rule making proceeding looking to ward amendment of its local notice rules so the document since the date of filing of the consummation of the assignment as to permit operating stations to satisfy the and the applicant, after making the is filed with the Commission. The file requirements thereof by giving notice over reference, so states. maintained by the assignee shall cover the station only, instead of by publishing (2) A copy of every application ten the period both before and after the time in a newspaper and giving notice over the dered for filing by the licensee or per- station. This matter will be dealt with sep when the notice of consummation of as arately at another time. 5 Commissioner Loevinger absent. signment was filed. The assignee is re- Thursday, April 8, 1965 FEDERAL REGISTER 4547 sponsible for obtaining copies of the 3. Section 1.580 of the Commission’s by the addition of a note at the end of necessary documents from the assignor rules and regulations is hereby amended paragraph (d) of that section to read as or from the Commission files. by the addition of a new subparagraph follows: (2) In cases involving applications for (10) to paragraph (f) as follows: § 73.120 Broadcasts by candidates for consent to transfer of control of a per § 1.580 Local notice of filing; public public office. mittee or licensee of a broadcast station, notice of acceptance for filing; peti * * * * * the file mentioned in paragraph (a) of tions to deny. (d) * * * this section shall be maintained by the * * * * * permittee or licensee. /£\ * * * Note: See § 1.526 of this chapter. (c) Station to which records pertain. * * • * * The file need contain only applications, (10) A Statement that a copy of the ownership reports, and related material application, amendment (s), and related 7. Section 73.290 of the Commission’s that concern the station for which the material are on file for public inspection rules and regulations is hereby amended file is kept. Applicants, permittees, and at a stated address in the community in by the addition of a note at the end of licensees need not keep in the file copies which the main studio is maintained or paragraph (d) of that section to read as of such applications, reports, and ma is proposed to be located. See § 1.526. follows: terial which pertain to other stations * * * * * § 73.290 Broadcasts by candidates for with regard to which they may be appli 4. Section 1.594 of the Commission’s public office. cants, permittees, or licensees, except to rules and regulations is hereby amended ***** the extent that such information is re ( d ) * * * flected in the materials required to be by the addition of subparagraph (5) to kept under the provisions of this section. paragraph (d) to read as follows. Note: See § 1.526 of this chapter. (d) Location of records. The file § 1.594 Local notice of designation for ***** qVinii be maintained at the main studio hearing. 8. Section 73.590 of the Commission’s of the station or at any other accessible * * * * * rules and regulations is hereby amended place (such as a public registry for docu by the addition of a note at the end of ments or an attorney’s office) in the (d) * * * paragraph (d) of that section to read community to which the station is or is (5) A statement that a copy of theas follows: proposed to be licensed, and shall be application, amendment(s), and related available for public inspection at any material are on file for public inspection § 73.590 Broadcasts by candidates for time during regular business hours. at a stated address in the community in public office. (e) Period of retention. The records which the main studio is maintained or * * * * * specified in paragraph (a) (4) of this is proposed to be located. See § 1.526. (d) * * * section shall be retained for the periods * * * * * Note: See § 1.526 of this chapter. specified in §§ 73.120(d)» 73.290(d), 73.590(d), and 73.657(d) of this chapter 5. Section 1.615 of the Commission’s * * * * * (2 years). The records specified in par rules and regulations is hereby amended 9. Section 73.657 of the Commission’s agraph (a) (1), (2) and (3) of this sec by the addition of paragraph (f ) to read rules and regulations is hereby amended tion shall be retained as follows: as follows: by the addition of a note at the end of (1) The applicant for a construction § 1.615 Ownership reports. paragraph (d) of that section to read as permit for a new station shall maintain follows: such a file so long as the application is * * ♦ * * pending before the Commission or any (f) A copy of all ownership and sup§ 73.657 Broadcasts by candidates for proceeding involving that application is plemental ownership reports and related public office. pending before the courts. (If the ap material filed pursuant to this section * * * * * plication is granted, subparagraph (2) shall be maintained and made available (d) * * * of this paragraph shall apply.) for public inspection locally as required Note: See § 1.526 of this chapter. (2) The permittee or licensee shall by § 1.526. maintain such a file so long as an au * * 'A * * * thorization to operate the station is 6. Section 73.120 of the Commission’s [F.R. Doc. 65-3657; Filed, Apr. 7, 1965; outstanding. rules and regulations is hereby amended 8:48 a.m.] or iron ore disposed of in such taxable year loss, see paragraph (c) of this section. DEPARTMENT OF THE TREASURY exceed the amount realized under such con tract, such excess, to the extent not availed Section 272 and this section do not apply Internal Revenue Service of as a reduction of gain under section 1231, to capital expenditures, and such ex shall be a loss deductible under section penditures are not taken into account [ 26 CPR Part 1 t 165(a). This section shall not apply to any in computing gain or loss under section taxable year during which there is no in 631(c) except to the extent they are INCOME TAXES come Under the contract. properly part of the depletable basis of Disposal of Coal or Domestic Iron Ore [Sec. 272 as amended by sec. 227, Rev. Act the coal or iron ore. 1964 (78 Stat. 97) ] (2) The expenditures covered under With Retained Economic Interest; section 272 and this section are disal Percentage Depletion Rate for Ores P ar. 2. Section 1.272-1 is amended to lowed as a deduction only with respect to of Beryllium read as follows: a taxable year in which income is re Notice is hereby given, pursuant to the § 1.272—1 Expenditures relating to dis alized under the coal royalty contract Administrative Procedure Act, approved posal of coal or domestic iron ore. (or iron ore royalty contract) to which June 11, 1946, that the regulations set (a) Introduction. Section 272 pro such expenditures are attributable. forth in tentative form below are pro vides special treatment for certain ex Where no income is realized under the posed to be prescribed by the Commis penditures paid or incurred by a tax contract in a taxable year, these ex sioner of Internal Revenue, with the ap payer in connection with a contract penditures shall be deducted as expenses proval of the Secretary of the Treasury (hereafter sometimes referred to as a for the production of income, or as a or his delegate. Prior to the final adop “coal royalty contract” or “iron ore business expense, or they may be treated tion of such regulations, consideration royalty contract”) for the disposal of under section 266 (relating to taxes and will be given to any comments or sug coal or iron ore the gain or loss from carrying charges) if applicable. gestions pertaining, thereto which are which is treated under section 631(c) as (3) The provisions of section 272 and submitted in writing, in duplicate, to the a section 1231 gain or loss on the sale this section apply to a taxable year in Commissioner of Internal Revenue, At of coal or iron ore. See paragraph (e) which income from the disposal by the tention: CC:LR, Washington, D.p., of § 1.631-3 for special rules relating to owner of coal or iron ore held by him 20224, within the period of 30 days from iron ore. The expenditures covered by for more than 6 months is subject to the section 272 are those which are attribut provisions of section 631(c) even though the date of publication of this notice in the actual mining of coal or iron ore the F ederal R egister. Any person sub able to the making and administering mitting written comments or suggestions of such a contract or to the preservation under the coal royalty contract (or iron who desires an opportunity to comment of the economic interest retained under ore royalty contract) does not take place orally at a public hearing on these pro the contract. For examples of such ex during the taxable year. Where the posed regulations should submit his re penditures, see paragraph (d) of this right under the contract to mine coal or quest, in writing, to the Commissioner section. For a taxable year in which iron ore for which advance payment has within the 30-day period, in such case, gross royalty income is realized under been made expires, terminates, or is a public hearing will be held, and notice the contract of disposal, such expendi abandoned before the coal or iron ore of the time, place, and date will be pub tures shall not be allowed as a deduction. is mined, and paragraph (c) of § 1.631-3 Instead, they are to be added to the ad requires the owner to recompute his tax lished in a subsequent issue of the with respect to such payment, the re F ederal R egister. The proposed regu justed depletion basis of the coal or iron lations are to be issued under the au ore disposed of in the taxable year computation must be made without ap thority contained in section 7805 of the in computing gain or loss under section plying the provisions of section 272 and Internal Revenue Code of 1954 (68A 631(c). However, w h e r e no gross this section. Stat. 917; 26 U.S.C. 7805) . royalty income is realized under the con (c) Losses. If, in any taxable year, tract of disposal in a particular taxable the expenditures referred to in section [ seal] S heldon S. Coh en, year, such expenditure shall be treated 272 and this section plus the adjusted Commissioner of Internal Revenue. without regard to section 272. depletion basis (as defined in paragraph In order to conform the Income Tax (b) In general. (1) Where the dis (b) (2) of § 1.631-3) of the coal or iron Regulations (26 CFR Part I) to the posal of coal or iron ore is covered by ore disposed of during the taxable year amendments made by section 227 of the section 631(c), the provisions of sec exceed the amount realized under the Revenue Act of 1964 (78 Stat. 97), re tion 272 and this section shall be ap contract which is subject to section 631 lating to treatment of certain iron ore plicable for a taxable year in which there (c) during the taxable year, such excess royalties, and to the amendments made is income under the contract of disposal. shall be considered under section 1231 as by section 6 of the Act of September 2, (For purposes of section 272 and this a loss from the sale of property used in 1964 (Public Law 88-571, 78 Stat. 860) , section, the term “income” means gross the trade or business and, to the extent relating to the percentage depletion rate amounts received or accrued which are not availed of as a reduction of gain un for ores of beryllium, these regulations royalties or bonuses in connection with der that section, shall be a loss deductible a contract to which section 631(c) ap under section 165(a) (relating to the are amended as follows: deduction of losses generally). P aragraph 1. Section 1.272 is amended plies.) All expenditures paid or incurred by amending the heading and revising by the taxpayer during the taxable (d) Examples of expenditures. (D section 272 and by adding a historical year which are attributable to the mak The expenditures referred to in section ing and administering of the contract 272 include, but are not limited to, the note. These amended provisions read following items, if such items are at as follows: disposing of the coal or iron ore and all expenditures paid or incurred during the tributable to the making or administer § 1.272 Statutory provisions; disposal taxable year in order to preserve the ing of the contract or preserving the eco of coal or domestic iron ore. owner’s economic interest retained under nomic interest therein: Ad valorem taxes Sec. 272. Disposal of coal or domestic iron the contract shall be disallowed as de imposed by State or local authorities, ore. Where the disposal of coal or iron ore ductions in computing taxable income costs of fire protection, costs of insur is covered by section 631, no deduction shall for the taxable year. The sum of such ance (other than liability insurance), be allowed for expenditures attributable to expenditures and the adjusted deple costs incurred in administering the con the making and administering of the con tion basis of the coal or iron ore dis tract (including costs of bookkeeping tract under which such disposition occurs and technical supervision), interest on and to the preservation of the economic in posed of in the taxable year shall be terest retained under such contract, except used in determining the amount of gain loans, expenses of flood control, legal and that if in any taxable year such expenditures or loss with respect to the disposal. See technical expenses, and expenses of plus the adjusted depletion basis of the coal § 1.631-3. For special rule in case of measuring and checking quantities of 4548 Thursday, April 8, 1965 FEDERAL REGISTER 4549 coal or iron ore disposed of under the P ar. 3. Paragraph (f) (3) of § 1.535-2 election made undef this section is bind contract. Whether the interest on loans is amended to read as follows: ing for the taxable year for which made is attributable to the making or admin § 1.535—2 Adjustments to taxable in and for all subsequent years, and the istering of the contract or preserving the come. taxpayer must treat all advanced economic interest therein will depend ♦ * * * * royalties paid or accrued in all subse upon the use to which the borrowed quent years in the same manner. This monies are put. (f) Long-term capital gains. * * * paragraph does not grant a new election. (2) Any expenditure referred to in (3) Section 631(c) (relating to gain orAny taxpayer who made an election un this section which is applicable to more loss in the case of disposal of coal or der Regulation 118, § 39.23(m)-10(e) than one coal royalty contract or iron domestic iron ore) shall have no appli (1939 Code), or corresponding provisions ore royalty contract shall be reasonably cation in determining the amount of the of prior regulations is, by such election, apportioned to each of such contracts. deduction allowable under section 535 bound with respect to treatment of such Furthermore, if an expenditure applies (b)(6). advanced royalties whether paid or ac only in part to the making or administer * # * * * crued before or after December 31, 1953. ing of the contract or the preservation P ar. 4. Paragraph (e) (2) of § 1.545-2 See section 7807(b)(2). For additional of the economic interest, then only such is amended to read as follows: rules relating to elections in the case of part shall be treated under section 272. partners and partnerships see section The apportionment of the expenditure § 1.545—2 Adjustments to taxable in- 703(b) and the regulations thereunder. shall be made on a reasonable basis. For . come. ***** example, where a taxpayer has other * * * * * income (such as income from oil or gas (e) Long-term capital gains. * * * (e) Cross reference. In the case of royalties, rentals, right of way fees, in (2) Section 631(c) (relating to gain bonuses and advanced royalties received terest, or dividends) as well as income or loss in the case of disposal of coal or in connection with a contract of disposal under section 631(c), and where the sal domestic iron ore) shall have no appli of timber coverd by section 631(b) or aries of some of its employees or other coal or iron ore covered by section 631 (c), cation. see that section and the regulations expenses relate to both classes of in * * * * * come, such expenses shall be allocated thereunder. P ar. 5. Paragraph (b) (2) of § 1.611-1 reasonably between the income subject P ar. 7. Section 1.613 is amended by to section 631(c) and the other income. is amended to read as follows: revising sections 613(b) (2) (B> and 613 Where a taxpayer has more than one § 1.611—1 Allowance of deduction for (b) (6) and adding to the historical note. coal royalty contract or iron ore royalty depletion. The amended provisions read as follows: contract, expenditures under this sec ♦ * * * * § 1.613 Statutory provisions; percent tion relating to a contract from which (b) Economic interest. * * * age depletion. no income has been received in the tax (2) No depletion deduction shall be able year may not be allocated to income Sec. 613 . Percentage depletion. * * * from another contract from which in allowed the owner with respect to any (b) Percentage depletion rates. The timber, coal, or domestic iron ore that mines, wells, and other natural deposits, come has been received in the taxable such owner has disposed of under any and the percentages, referred to in subsec year. tion (a) are as follows: (3) The taxpayer may have expenses form of contract by virtue of which he which are not attributable even partly retains an economic interest in such ***** timber, coal, or iron ore, if such disposal (2) 23 percent-^ to making and administering a coal is considered a sale of timber, coal, or * * * - , * * royalty contract or iron ore royalty con domestic iron ore under section 631 (b) tract or to the preservation of the (B) If from deposits in the United economic interest retained under the or (c). States—anorthosite (to. the extent that contract and, accordingly, are not in * * * * * alumina and aluminum compounds are ex cluded in the expenditures described in P ar. 6. Paragraphs (b )(3) and (e) of tracted therefrom), asbestos, bauxite, celes- tite, chromite, corundum, fluorspar, graphite, section 272. These include such items § 1.612-3 are amended to read as follows: ilmenite, kyanite, mica, olivine, quartz crys as ad valorem taxes imposed by State § 1.612—3 Depletion; treatment of bo tals (radio grade), rutile, block steatite talc, or local authorities on property not cov nus and advanced royalty. and zircon, and ores of the following metals: ered by the contract, salaries, wages, or antimony, beryllium, bismuth, cadmium, co other expenses entirely incident to the # * * * * balt, columbium, lead, lithium, manganese, ownership and protection of such prop (b) Advanced royalties. * * * mercury, nickel, platinum and platinum erty and depreciation of improvements (3) The payor, at his option, may group metals, tantalum, thorium, tin, ti thereon, fire insurance on such property, treat the advanced royalties so paid or tanium, tungsten, vanadium, and zinc. charitable contributions, and similar ex accrued in connection with mineral * * * * * penses unrelated to the making or to property as follows: (6) 15 percent—all other minerals (in the administering of coal royalty con (i) As deductions from gross income cluding, but not limited to, aplite, barite, tracts or iron ore royalty contracts or for the year the advanced royalties are borax, calcium carbonates, diatomaceous preserving the taxpayer’s economic in paid or accrued, or earth, dolomite, feldspar, fullers earth, gar terest retained therein (ii) As deductions from gross income net, gilsonite, granite, limestone, magnesite, magnesium carbonates, marble, phosphate (e) Nonapplication of section. Forfor the year the mineral product, in re rock, potash, quartzite, slate, soapstone, stohe purposes of section 543, the provisions spect of which the advanced royalties (used or sold for use by the mine owner or ox section 272 shall have no application, were paid, is sold. operator as dimension stone or ornamental •ror example, the taxpayer may, for the For an exception to this treatment when stone), thenardite, tripoli, trona, and (if Purposes of section 543(a) (3) (C) or the the payor is a sublessor of coal or do paragraph (2) (B) does not apply) bauxite, corresponding provisions of prior income flake graphite, fluorspar, lepidolite, mica, tax laws, include in the sum of the de mestic iron ore, see paragraph (b) (3) of spodumene, and talc, including pyrophyllite), § 1.631-3. Every taxpayer must make except that, unless sold on bid in direct"com auctions which are allowable under sec- an election as to the treatment of all petition with a bona fide bid to sell a mineral ion 162 an amount paid to an attorney such advanced royalties in his return for listed in paragraph (3), the percentage shall s compensation for legal services ren- the first taxable year in which such be 5 percent for any such other mineral when aered in connection with the making of amounts are paid or accrued. A tax used, or sold for use, by the mine owner or a coal royalty contract of iron ore roy- operator as rip rap, ballast, road material, payer will be considered to have made an rubble, concrete aggregates, or for similar * contract (assuming the expenditure election in accordance with the manner purposes. For purposes of this paragraph, otherwise qualifies under section 162 as in which such items are treated in the the term “all other minerals” does not in an ordinary and necessary expense in return. A failure to deduct any such clude— curred in the taxpayer’s trade or busi items for the year paid or accrued will (A) Soil, sod, dirt, turf, water, or mosses; ness) even though such expenditure is constitute an election to have all such or amaiiowed as a deduction under section (B) Minerals from sea water, the air, or items treated in accordance with sub similar inexhaustible sources. division (ii) of this subparagraph. An * * * * * 4550 PROPOSED RULE MAKING
[Sec. 613 as amended by sec. 36, Technical Marble. Stone (dimension or interest for the purpose of determining Amendments Act 1958 (72 Stat. 1633); sec. 6, Mica. ornamental) ,7 gain or loss upon the sale thereof. Act of Sept. 2, 1964 (Public Law 88-571, 78 Phosphate rock. Talc (Including Stat. 860) ] Potash. pyrophyllite). ***** Quartzite. Thenardite. Par. 11. Section 1.631 is amended by Par. 8. Subparagraphs (a) (2 ), (a) (3), Slate. Tripoli. and (c) (4) of 9 1.613-2 are amended to revising the heading and section 631(c) Soapstone. Trona. and by adding a historical note. The read as follows: Spodumene. All other minerals. amended provisions read as follows: § 1.613—2 Percentage depletion rates. * * * * ♦ § 1.631 Statutory provisions; gain or (a) Ingenerai. * * * (c) Rules for application of paragraph loss in the case o f timber, coal, or (2) Production from United States(a) of this section. * * * domestic iron ore. (4) Percentage depletion is not allow deposits. A rate of 23 percent is appli Sec. 631. Gain or loss in the case of timber cable to the minerals listed in this sub- able with respect to the income from a coal, or domestic iron ore. * * * paragraph if produced from deposits disposal of coal (including lignite) or (c) Disposal of coed or domestic iron ore within the United States: domestic iron ore (as defined in para tenth a retained economic interest. In the graph (e) of § 1.631-3) with a retained case of the disposal of coal (including lig Anorthosite.3 Ilmenite. nite), or iron ore mined in the United Kyanite. economic interest to the extent that such Asbestos. States, held for more than 6 months before Baujite. Mica. income is treated as from a sale of coal or iron ore under section 631(c) and such disposal, by the owner thereof under Beryl.® Olivine. any form of contract by virtue of which such Celesti te. Quartz crystals (ra § 1.631-3. Rents or royalties paid or in owner retains an economic interest in such Chromite. dio grade). curred by a taxpayer with respect to coal or iron ore, the difference between the Corundum. Rutile. coal (including lignite) or domestic iron amount realized from the disposal of such Fluorspar. Block steatite talc. ore shall be excluded by such taxpayer coal or iron ore and the adjusted depletion Graphite. Zircon. in determining “gross income from the basis thereof plus the deductions disallowed Ores of the following metals— property” without regard to the treat for the taxable year under section 272 shall be considered as though it were a gain or loss, Antimony. Platinum. ment under section 631(c) of such rents and royalties in the hands of the re as the case may be, on the sale of such coal Béryllium.* P l a t i n u m group or iron ore. Such owner shall not be en Bismuth. metals. cipient. titled to the allowance for percentage deple Cadmium. Tantalum. * * * * * tion provided in section 613 with respect to Cobalt. Thorium. P ar. 9. Paragraph (c) (2) of § 1.615-3 such coal or iron ore. This subsection shall Columbium. Tin. not apply to income realized by any owner as Lead. Titanium. is amended to read as follows: a co-adventurer, partner, or principal in the Lithium. Tungsten. § 1.615—3 Election to defer exploration m ining of such coal or iron ore, and the Manganèse. Vanadium. expenditures. word “owner” means any person vjho owns Mercury. Zinc. an economic Interest in coal or iron ore in Nickel. * * * * * place, including a sublessor. The date of (3) Other minerals. A rate of 15 per (c) Expenditures made by the ownerdisposal of such coal or iron ore shall be cent is applicable to the minerals listed who retains a nonoperating mineral in deemed to be the date such coal or iron ore in this subparagraph regardless of the terest. * * * is mined. In determining the gross income, (2) Where a taxpayer receives an the adjusted gross income, or the taxable in situs of the deposits from which the come of the lessee, the deductions allowable minerals are produced, provided the amount, in addition to retaining an eco with respect to rents and royalties shall be minerals are not used or sold for use by nomic interest, which amount is treated determined without regard to the provisions the mine owner or operator as rip rap, as from the sale or exchange of a capital of this subsection. This subsection shall ballast, road material, rubble, concrete asset or property treated under section have no application, for purposes of applying aggregates, or for similar purposes. If, 1231 (except coal or iron ore to which subchapter G, relating to corporations used however, such minerals are sold or used section 631(c) applies), the deferred ex to avoid Income tax on shareholders (includ ploration expenditures shall be allocated ing the determinations of the amount of the for the purposes described in the pre deductions under section 535(b) (6) or sec ceding sentence, a rate of 5 percent is between the interest sold and the inter tion 545(b)(5)). This subsection shall not applicable to any of such minerals un est retained in proportion to the fair apply to any disposal of iron ore— less sold on bid in direct competition market values of each interest as of the (1) To a person whose relationship to the with a bona fide bid to sell any of the date of sale. The amount allocated to person disposing of such iron ore would re minerals listed in subdivision (iii) of the interest sold may not be deducted, sult in the disallowance of losses under sec subparagraph (1) of this paragraph, in but shall be a part of the basis of such tion 267 or 707(b), or interest. (2) To a person owned or controlled di which case the rate is 15 percent. In rectly oc indirectly by the same interests addition, the provisions of this subpara * ♦ * * * which own or control the person disposing of graph are not applicable with respect to P ar. 10. Paragraph (c) (2) of § 1.616-2 such iron ore. v any of the minerals listed herein if the is amended to read as follows: [Sec. 631 as amended by sec. 227, Rev. Act rate prescribed in subparagraph (2) of 1964 (78 Stat. 97) ] this paragraph is applicable. § 1.616—2 Election to defer. * * * * * Par. 12. Section 1.631-3 is amended to Aplite. Flake Graphite. read as follows: Barite. Fluorspar. (c) Expenditures made by the owner Bauxite. Fullers earth. who retains a nonoperating interest. * * * § 1.631—3 Gain or loss upon the dis Beryl.® Garnet. (2) Where a taxpayer receives an posal of coal or domestic iron ore Borax. Gilsonite. amount, in addition to retaining an eco with a retained economic interest. Calcium carbonates. Granite. nomic interest, which amount is treated (a) Ingenerai. (1) The provisions of Clay, refractory and Lepidolite. as from the sale or exchange of a capital fire.® Limestone. section 631 (q) apply to an owner who Diatomaceous earth. Magnesite. ✓ asset or property treated under section disposes of coal (including lignite), or Dolomite. Magnesium car 1231 (except coal or iron ore to which iron ore mined in the United States, held Feldspar. » bonates. section 631(c) applies), the deferred de for more than 6 months before such dis velopment expenditures shall be allo posal under any form or type of contract 3 The rate prescribed in this subparagraph cated between the interest sold and the whereby he retains an economic interest does not apply except to the extent that interest retained in proportion to the alumina and aluminum compounds are ex in such coal or iron ore. The difference tracted therefrom. fair market value of each interest as of between the amount realized from dis 3 Applicable only for taxable years begin the date of sale. The amount allocated posal of the coal or iron ore in any tax ning before January 1, 1964. to the interest sold may not be deducted, able year, and the adjusted depletion ‘Applicable only for taxable years begin but shall be a part of the basis of such basis thereof plus the deductions dis ning after December 31, 1963. allowed for the taxable year under sec 6 Applicable only for taxable years begin 7 The 15-percent rate is applicable only to ning before Jan. 1, 1964. stone used or sold for use by the mine owner tion 272, shall be gain or loss upon the 6 Not applicable for taxable years begin or operator as dimension stone or ornamen sale of the coal or iron ore. See para ning after Dec. 31, 1960. tal stone. graph (b) (4) of this section for the Thursday, April 8, 1965 FEDERAL REGISTER 4551 definition of “owner.” See paragraph the hands of the recipient under this 631(c) as received from the sale of coal (e) of this section for special rules re section. See section 613 and the regula or iron ore if the contract of disposal lating to iron ore. tions thereunder. provides that such amounts are to be (2) In the case of such a disposal, the (ii) (a) However, a lessee who is alsoapplied as payment for coal or iron ore provisions of section 1231 apply, and the a sublessor may dispose of coal or iron subsequently mined. For example, ad coal or iron ore shall be considered to ore as an “owner” under section 631(c). vance royalty payments or minimum be property used in the trade or business Rents and royalties paid with respect to. royalty payments received by an owner for the taxable year in which it is con coal or iron ore disposed of by such a of coal or iron ore qualify under section sidered to have been sold, along with lessee under section 631(c) shall increase 631(c) where the contract of disposal other property of the taxpayer used in the adjusted depletion basis of the coal grants the lessee the right to apply such the trade or business as defined in sec or iron ore and are not otherwise de royalties in payment of coal or iron ore tion 1231(b), regardless of whether the ductible. mined at a later time. coal or iron ore is property held by the (b) The provisions of this subdivision (ii) The provisions of this subpara taxpayer primarily for sale to customers may be illustrated by the following graph may be illustrated by the following in the ordinary course of his trade or example: example: business. Whether gain or loss resulting Example. B is a sublessor of a coal lease; Example. A acquires coal rights on Jan from the disposition of the coal or iron A Is the lessor; and C is the sublessee. B uary 1. On January 30, A enters into a con ore which is considered to have been sold pays A a royalty of 50 cents per ton. C pays tract of disposal providing that mining shall will be deemed to be gain or loss resulting B a royalty of 60 cents per ton. The amount begin July 2, and mining actually begins no from a sale of a capital asset held for realized by B under section 631(c) is 60 cents earlier. Any advance payments which A re more than 6 months will depend on the per ton and will be reduced by the adjusted ceives qualify under section 631 (c). depletion basis of 50 cents per ton, leaving application of section ¿231 to the tax a gain of 10 cents per ton taxable under (2) However, if the right to mine coal payer for the taxable year; i.e., if the section 631(c). or iron ore under the contract expires, gains do not exceed the losses, they shall terminates, or is abandoned before the not be considered as gains and losses (4) (i) The provisions of this sectioncoal or iron ore which had been paid for from sales or exchanges of capital assets apply only to an owner who has disposed is mined, the taxpayer shall treat pay but shall be treated as ordinary gains and of coal or iron ore and retained an eco ments attributable to the unmined coal losses. nomic interest. For the purposes of or iron ore as ordinary income and not (b) Rules for application of section. section 631(c) and this section, the word as received from the sale of coal or iron (1) For purposes of section 631(c) and “owner” means any person who owns ore under section 631(c). Accordingly, this section, the date of disposal of the an economic interest in coal or iron ore the taxpayer shall recompute his tax lia coal or iron ore shall be deemed to be the in place, including“ a sublessor thereof. bility for the taxable year in which such date the coal or iron ore is mined. If A person who merely acquires an eco payments were received. The recompu the coal or iron ore has been held for nomic interest and has not disposed of tation shall be made in the form of an more than 6 months on the date it is coal or iron ore under a contract retain amended return where necessary. mined, it is immaterial that it had not ing an economic interest does not qualify (3) Bonuses received or accrued by an been held for more than 6 months on the under section 631(c). A successor to the owner in connection with the grant of a date of the contract. There shall be no interest of a person who has disposed of contract of disposal shall be treated un allowance for percentage depletion pro coal or iron ore under a contract by der section 631(c) as received from the vided in section 613 with respect to virtue of which he retained an economic sale of coal or iron ore to the extent at amounts which are considered to be real interest 1n such coal or iron ore is also tributable to coal or iron ore held for ized from the sale of coal or iron ore entitled to the benefits of this section. more than 6 months. The rules con under section 631(c). Section 631(c) and this section shall not tained in paragraph (d) of § 1.631-2 re (2) The term “adjusted depletion apply with respect to any income realized lating to bonuses in the case of contracts basis” as used in section 631(c) and this by any owner as co-adventurer, partner, for the disposal of timber shall be equally section means the basis for allowance of or principal in the mining of such coal applicable in the case of bonuses received cost depletion provided in section 612 or iron ore. for the grant of a contract of disposal of and the regulations thereunder. Such (ii) The provisions of this subpara coal or iron ore under this section. “adjusted depletion basis” shall include graph may be illustrated by the follow (d) Nonapplication of section. Sec exploration or development expenditures ing examples: tion 631(c) shall not affect the applica treated as deferred expenses under sec Example (1). A owns a tract of coal land tion of the provisions of subchapter G, tion 615(b) or 616(b), or corresponding in fee. A leases to B the right to mine all chapter 1 of the Code, relating to cor provisions of prior income tax laws, and the coal in this tract in return for a royalty porations used to avoid income tax on be reduced by adjustments under section of 30 cents per ton. B subleases his right shareholders. For example, for the pur 1016(a) (9) and (10), or correspond to mine coal in this tract to C, who agrees to poses of applying section 543 (relating ing provisions of prior income tax laws, pay A 30 cents per ton and to pay to B an additional royalty of 10 cents per ton. Sec to personal holding companies), the relating to deductions of deferred ex tion 631(c) applies to the royalties of both amounts received from a disposal of coal penses for exploration or development A and B, if the other requisites of the sec or iron ore subject to section 631 (c) shall expenditures in the taxable year or any tion have been met. be considered as mineral royalties. The prior taxable years. The depletion unit Example (2). Asstime the same facts as determination of whether an amount re of the coal or iron ore disposed of shall in example (1), except that A dies leaving ceived under a contract to which section be determined under the rules provided his royalty interest to D. D has an economic in the regulations under section 611, re interest in the coal in place and qualifies for 63Ite) applies is “personal holding com lating to cost depletion. section 631(c) treatment with respect to pany income” shall be made in accord (3) (i) In determining the gross in his share of the royalties since he is a suc ance with section 543 and thè regula come, the adjusted gross income, or the cessor in title to A. tions thereunder, without regard to sec taxable income of the lessee, the deduc Example (3). Assume the same facts as tion 631(c) or this section. See also tions allowable with respect to rents and in, example (1) , except that E agrees to pay paragraph (e) of § 1.272-1. a sum of money to C in return for 10 cents (e) Special rules with regard to iron royalties (except rents and royalties paid per ton on the coal mined by C. E has an by a lessee with respect to coal or iron economic interest, since he must look solely ore. (1) With regard to iron ore, sec ore disposed of by the lessee as an to the extraction of the coal for the return tion 631(c) and this section apply only owner” under section 631(e)) shall be of his investment. However, E has not made to amounts received or accrued in tax determined without regard to the provi a disposal of coal under a contract wherein able years beginning after December 31, sions of section 631(c). Thus, the he retains an economic interest, and, there 1963, attributable to iron ore mined in amounts of rents and royalties paid or fore, does not qualify under section 631(c). such taxable years. incurred by a lessee with respect to coal E is entitled to depletion on his royalties. (2) Section 631(c) and this section or iron ore shall be excluded from the (c) Payments received in advance of apply only to disposals of iron ore mined lessee’s gross income from the property mining. (1) (1) Where the conditions in the United States. i or the purpose of determining his per of paragraph (a) of this section are met, (3) For the purposes of section 631(c) centage depletion without regard to the amounts received or accrued prior to and this section, iron ore is any ore treatment of such rents or royalties in mining shall be treated under section which is used as a source of iron, in- 4552 PROPOSED RULE MAKING
eluding but not limited to taconite and the special provisions of section 631(c) of coal or domestic iron ore), notwithstand jaspilite. apply. ing the provisions of any other paragraph (4) Section 631 (c) shall not apply to * * * * * of this subsection; any disposal of iron ore to a person * * * * * whose relationship to the person dispos Par. 15. Paragraph (b) (3) (i) of § 1.871-7 is amended to read as follows: [Sec. 1016 as amended by sec. 4(c), Act of ing of such iron ore would result in the June 29, 1956 (Pub. Law 629, 84th Cong 7o disallowance of losses under section 267 § 1.871-7 Tax on nonresident alien in Stat. 407); sec. 3(d) (1) and (2), Life In or 707(b). dividuals. surance Company Income Tax Act 1959 (73 (5) Section 631(c) shall not apply to * * * * * . Stat. 139); sec. 8(g)(2), Rev. Act 1962 76 any disposal of iron ore to a person Stat. 9Q8); sec. 227(b) (5), Rev. Act 1964 f78 (b) No United States business; gross Stat. 98)] v owned or controlled directly or indirectly income of more than $15,400. * * * by the same interests which own or con (3) Amounts considered to be capital P ar. 18. Paragraph (k) of § 1.1016-5 is trol the person disposing of the iron ore. amended to read as follows: The presence or absence of control shall gains—-K0 Items subject to tax. The be determined by applying the same tax of 30 percent also applies, pursuant § 1.-1016-5 Miscellaneous adjustments to the provisions of section 871(a)(1) , to basis. standards as are applied under section to amounts received during the taxable 482 (relating to the allocation of income * * * * * ■.. and deductions between taxpayers). year from sources within the United (k) Deductions disallowed in connec Section 631(c) (2) and this subparagraph States which are described in section tion with disposal of coal or domestic iron deny section 631(c) treatment , in the 402(a) (2) (determined with the applica ore. Basis shall be adjusted by the case of a contract for disposal of iron tion of section 402(a) (4)), section 631 amount of the deductions disallowed ore entered into by parties who do not (b) and (c), section 1235, and for tax under section 272 with respect to the fall within the provisions of section 631 able years ending after September 2, disposal of coal or domestic iron ore 1958, section 403(a)(2) and are con covered by section 631. (c) (1), e.g., two “brother and sister” cor sidered to be gains from the sale or ex porations, or a parent corporation and * * * * * its subsidiary. change of capital assets. Thus, the tax applies to gain recognized on certain P ar. 19. Section 1.1231 is amended by P ar. 13. Paragraph (b) of § 1.817-2 is distributions by an exempt employees* revising section 1231(b)(2) and adding amended by revising subparagraphs (1) trust where the total distributions, with to the historical note. The amended pro (ii) and (3) (iii). The amended provi respect to any employee, are paid to the visions read as follows: sions read as follows: distributee within one taxable year; to § 1.1231 Statutory provisions; property § 1.817—2 Treatment of capital gains the gain recognized on certain payments used in trade or business and invol and losses. under annuity contracts purchased by untary conversions. an employer for an employee under cer * * * * * Sec. 1231. Property used in the trade or tain qualified annuity plans where the business and involuntary conversions. * * * (b) Modification of sections 1221 and total payments are paid to the payee (b) Definition of property used in the 1231. (1) In the case of a life insurance within one taxable year; to gain recog trade or business. For purpose of this company, section 817(a)(1) provides nized under specified circumstances on section— that for purposes of applying section the disposal of timber, coal, and domestic ***** 1231(a) (relating to property used in the iron ore and considered in accordance (2) Timber, coal, or domestic iron ore. trade or business and involuntary con with section 1231 to be gain from the Such term Includes timber, coal, and iron ore versions) , the term “property used in sale or exchange of a capital asset; and with respect to which section 631 applies. the trade or business” shall be treated as to gain recognized on certain transfers of including only— ***** patent rights by an individual. [Sec. 1231 as amended by sec. 49, Tech * * * * * * * * * * nical Amendments Act 1958 (72 Stat. 1642); sec. 227, Rev. Act 1964 (78 Stat. 97) ] (ii) The cutting or disposal of timber, P ar. 16. Paragraph (c) df § 1.881-2 is or the disposal of coal or iron ore, to amended to read as follows: P ar. 20. Paragraph (a) and (c)(3) of the extent considered arising from a sale § 1.881-2 Tax on nonresident foreign § 1.1231-1 are amended to read as or exchange by reason of the provisions follows: of section 631 and the regulations there corporations. under. * * * * * § 1.1231—1 Gains and losses from the * * * * * (c) Amounts considered to be capital sale or exchange o f certain property used in the trade or business. (3) Section 1231(a), as modified bygains. The tax of 30 percent also ap section 817(a) (1) and subparagraph (1) plies, pursuant to the provisions of sec (a) In general. Section 1231 provides of this paragraph, shall apply to recog tion 881(a), to amounts received during that a taxpayer’s gains and losses from nized gains and losses from the follow the taxable year from sources within the the disposition (including involuntary ing: United States which are described in conversion) of assets described in that section 631 (b) and (c) and are con section as “property used in the trade or * * * * * sidered to be gains from the sale or ex business” and from the involuntary con (iii) The cutting or disposal of timber, change of capital assets. Thus, the tax version of capital assets held for more or the disposal of coal or iron ore, to the applies to gain recognized under speci than 6 months shall be treated as long- extent considered arising from a sale or fied circumstances on the disposal of term capital gains and losses if the total exchange by reason of the provisions of timber, coal, and domestic iron ore and gains exceed the total losses. If the total section 631 and the regulations there considered in accordance with section gains do not exceed the total losses, all under. 1231 to be a gain from the sale or ex such gains and losses are treated as ordi * * # * * change of a capital asset. nary gains and losses. Therefore, if the P ar. 14. Paragraph (C) of § 1.856-3 is * * * * * taxpayer has no gains subject to section amended to read as follows: 1231, a recognized loss from the con P ar. 17. Section 1.1016 is amended by demnation (or from a sale or exchange § 1.856—3 Definitions. revising section 1016(a) (15) and adding under threat of condemnation) of even * * * — * to the historical note. The amended a capital asset held for more than 6 (c) Interests in real property. The provisions read as follows:. months is an ordinary loss. Capital assets subject to section 1231 treatment term “interests in real property” includes § 1.1016 Statutory provisions; adjust fee ownership and co-ownership of land ments to basis. include only capital assets involuntarily or improvements thereon and leaseholds converted. The noncapital assets sub Sec. 1016. Adjustments fobasis— (a) Gen ject to section 1231 treatment are (1) de of land or improvements thereon. Such eral rule. Proper adjustment in respect of preciable business property and business term does not, however, include mineral, the property shall in all cases be made— real property held for more than 6 oil, or gas royalty interests, as, for ex * * * * $ months, other than stock in trade and ample, a retained economic interest in (15) For deductions to the extent disal certainicopyrights and artistic property; coal or iron ore with respect to which lowed under section 272 (relating to disposal (2) timber, coal, and iron ore, but only Thursday, April 8, 1965 FEDERAL REGISTER 4553 to the extent that section 631 applies from the transfer of patent rights to Civil Air Regulations, proposes to take thereto; and (3) certain livestock and which section 1235 applies. For the the following airspace actions: unharvested crops. See paragraph (c) definition of "mineral, oil, or gas royal (1) Designate a control zone at Co of this section. ties,” see paragraph (b) (11) (iii) of lumbus, Nebr., to comprise that airspace § 1.643-1. For purposes of this subdivi within a 5-mile radius of the Columbus * * * * * sion, the gross amount of royalties shall Municipal Airport (latitude 41°26'50" (c) Transactions to which section apnot be reduced by any part of the cost N., longitude 97°20'25" W.), and within plies. Section 1231 applies to recognized of the rights under which they are re 2 miles each side of the Columbus VOR gains and losses from the following; ceived or by any amount allowable as a 340° and 141° radials, extending from * * * * * deduction in computing taxable income. the 5-mile radius zone to 8 miles N and (3) The cutting or disposal of timber, * * * * * SE of the VOR, and within 2 miles each side of the 330° bearing from the Colum or the disposal of coal or iron ore, to the P ar. 23. Section 1.1402(a) is amended extent considered arising from a sale or by revising section 1402(a)(3)(B) and bus RBN, extending from the 5-mile exchange by reason of the provisions of adding to the historical note. The radius zone to 8 miles NW'of the RBN. section 631 and the regulations there amended provisions read as follows: This control zone shall be effective dur under. ing the times established by a Notice to § 1.1402(a) Statutory provisions; defi Airmen and continuously published in * * _ * * * nitions; net earnings from self- the Airman’s Information Manual. Par. 21. Paragraph (g) (1) (ii) of employment. (2) Designate a transition area at § 1.1244(c)-1 is amended to read as Sec. 1402. Definitions— (a) Net earnings Columbus, Nebr., to comprise that air follows: from self-employment. * * * space extending upward from 700 feet § 1.1244(c)—1 Section 1244 stock de (3) There shall be excluded any gain or above the surface within a 6-mile radius fined. loss— of the Columbus Municipal Airport (lati ***** ***** tude 41°26'50" N., longitude 97°20'25" (B) From the cutting of timber, or the W.), and within 8 miles NE and 5 miles (g) Gross receipts. (1) * * * disposal of timber, coal, or iron ore, if section SW of the Columbus VOR 141° radial (ii) The term "royalties” as used in 631 applies to such gain or loss, or subdivision (i) of this subparagraph extending from the VOR to 12 miles SE, * ' :, * * * * means all royalties, including mineral, and within 8 miles W and 5 miles E of [Sec. 1402(a) as amended by sec. 201(a) the Columbus VOR 340° radial extending oil, and gas royalties (whether or not the and (c)(4), Social Security Amendments from the VOR to 12 miles N and within aggregate amount of such royalties con 1954 (68 Stat. 1087, 1089); sec. 201 (e )(2 ), 8 miles SW and 5 miles NE of the 330° stitutes 50 percent or more of the gross (g), and (i), Social Security Amendments and 150° bearings from the Columbus income of the corporation for the taxable 1956 (70 Stat. 840-842); sec. 5(b), Act of year), and amounts received for the Aug. 30,1957 (Pub. Law 85-239, 71 Stat. 523) ; RBN extending from 2 miles SE of the privilege of using patents, copyrights, sec. 103 (k), Social Security Amendments RBN to 12 miles NW of the RBN. secret processes and formulas, good will, 1960 (74 Stat. 938); sec. 227, Rev. Act 1964 The proposed control zone and control (78Stat. 97)] zone extensions, when effective, will pro trademarks, trade brands, franchises, vide protection for aircraft executing, and other like property. The term P ar. 24. Paragraph (a) (2) of § 1.1402 “royalties” does not include amounts re (a)-6 is amended to read as follows: prescribed departure and approach pro ceived upon the disposal of timber, coal, cedures at the Columbus, Nebr., Munici or domestic iron ore with a retained § 1.1402(a)—6 Gain or loss from dispo pal Airport during the hours of operation economic interest to which the special sition of property. of the weather reporting service to be rules of section 631 (b) and (c) apply or (a) There is excluded any gain or provided by the Columbus, Nebr., weather loss: office, operating under the auspices of the amounts received from the transfer of Nebraska State Weather Bureau. The patent rights to which section 1235 ap * * * * * normal hours for the taking of these plies. For the definition of “mineral, (2) From the cutting of timber or the weather observations and the dissemina oil, or gas royalties”, see paragraph (b) disposal of timber, coal, or iron ore, even tion of this information will be from (11) (ii) and (iii) of § 1.543-1. For pur though held primarily for sale to cus 0700 to 1900 local time daily. However, poses of this subdivision, the gross tomers, if section 631 is applicable to scheduled airline service will commence amount of royalties shall not be reduced such gain or loss; and • by any part of the cost of the rights at Columbus in the near future, and in under which they are received or by any ***** tiie event of airline schedule changes, amount allowable as a deduction in com [F.R. Doc. 65-3677; Filed, Apr. 7, 1965; these hours may be changed. Normally, 8:50 a.m.] 30 days notice will be given prior to any puting taxable income. change by a Notice to Airmen and pub * * * * * lished in the Airman’s Information Par. 22. Paragraph (b) (5) (iii) of Manual. 5 1.1372-4 is amended to read as follows; FEDERAL AVIATION AGENCY The proposed transition area will pro § 1.1372—4 Termination of election. vide protection for aircraft while they are I 14 CFR Part 71 1 bolding, transitioning, and in the pro ***** [Airspace Docket No. 65-CE-80] cedure turn areas of the VOR and ADF (b) Methods of termination. CONTROL ZONE AND TRANSITION approach procedures at the Columbus ♦ (5) * * Personal holding company income. Municipal Airport. That portion of the AREA proposed transition area which lies south (iii) Royalties. The term "royalties” Proposed Designation of the south edge of VOR Federal Airway as used in section 1372(e) (5) means all No. 172 will underlie the proposed Lincoln royalties, including mineral, oil, and gas The Federal Aviation Agency is con transition area extending upward from royalties (whether or not the aggregate sidering an amendment to Part 71 of 1200 feet above the surface. The Lincoln amount of such royalties constitutes 50 the Federal Aviation Regulations to transition area will become effective Percent or more of the gross income of designate controlled airspace in the Co April 1, 1965 (Airspace Docket No. 64- the corporation for the taxable year), lumbus, Nebr., terminal area. CE-82). and amounts received for the privilege of No controlled airspace is presently Relocation of the Columbus RBN will using patents, copyrights, secret proc designated in the Columbus, Nebr., ter esses and formulas, good will, trade- be undertaken as soon as weather condi minal area.. tions permit. marks, trade brands, franchises, and The Federal Aviation Agency, having 0 her, like property. The term “roy completed a comprehensive review of Specific details of the new approach alties” does not include amounts re the terminal airspace structural require procedures that would be required may ceived upon disposal of timber, coal, ments in the Columbus, Nebr., terminal be examined by contacting the Chief, or domestic iron ore with a retained area, including studies attendant to the Airspace Branch, Air Traffic Division, economic interest with respect to which implementation of the provisions of Central Region, Federal Aviation Agency, the special rules of section 631 (b) Amendments 60-21 (26 F.R. 570) and 4825 Troost Avenue, Kansas City, Mo., and (c) apply or amounts received 60-29 (27 FJt. 4012) of Part 60 of the 64110. No. 67------5 4554 PROPOSED RULE MAKING
Interested persons may submit such The proposed alternate airway seg 4825 Troost Avenue, Kansas City Mo written data, views or arguments as they ment would be used by air traffic control 64110. may desire. Communications should be for the routing of traffic at altitudes Interested persons may submit such submitted in triplicate to the Director, above 10,000 feet MSL between Ponca written data, views or arguments as they Central Region, Attn: Chief, Air Traffic City and Tulsa when the Vance No. 2 may desire. Communications should be Division, Federal Aviation Agency, 4825 Intensive Student Jet Training Area is submitted in triplicate to the Director Troost Avenue, Kansas City, Mo., 64110. in use. Central* Region, ATTN: Chief, Air Traffic All communications received within 45 This amendment is proposed under sec. Division, Federal Aviation Agency, 4825 days after publication of this notice in 307(a) of the Federal Aviation Act of Troost Avenue, Kansas City, Mo., 64110. the F ederal R egister will be considered 1958 (49 U.S.C. 1348). All communications received within before action is taken on the proposed Issued in Washington, D.C., on April forty-five days after publication of this amendment. No public hearing is con notice in the F ederal R egister will be templated at this time, but arrangements 1,1965. D aniel E. Barrow, considered before action is taken on the for informal conferences with Federal Chief, Airspace Regulations proposed amendment. No public hear Aviation Agency officials may be made and Procedures Division. ing is contemplated at this time, but by contacting the Regional Air Traffic arrangements for informal conferences Division Chief. Any data, views, or argu [F.R. Doc. 65-3613; Filed, Apr. 7, 1965; with Federal Aviation Agency officials ments presented during such confer 8:46 a.m.] may be made by contacting the Regional ences must also be submitted in writing Air Traffic Division Chief. Any data, in accordance with this notice in order [1 4 CFR Part 71 1 views, or arguments presented during to become part of the record for con such conferences must also be submitted sideration. The proposal contained in [Airspace Docket No. 65-CE-42] in writing in accordance with this notice this notice may be changed in the light TRANSITION AREA in order to become part of the record for of comments received. consideration. The proposal contained The public Docket will be available for Proposed Designation in this notice may be changed in the examination by interested persons in the light of comments received. office of the Regional Counsel, Federal The Federal Aviation Agency is con The public Docket will be available for Aviation Agency; 4825 Troost Avenue, sidering an amendment to Part 71 of the examination by interested persons in the Kansas City, Mo., 64110. Federal Aviation Regulations which office of the Regional Counsel, Federal This amendment is proposed under the would alter the controlled airspace in the Aviation Agency, 4825 Troost Avenue, authority of sec. 307(a) of the Federal Spencer, Iowa, terminal area. Kansas City, Mo., 64110. Aviation Act of 1958 (49 U.S.C. 1348). Having completed a comprehensive re This amendment is proposed under the Issued at Kansas City, Mo., on March view of the terminal airspace structural authority of sec. 307(a) of the Federal requirements in the Spencer, Iowa, ter Aviation Act of 1958 (49 U.S.C. 1348). 29, 1965. minal area, including studies attendant H enry L. Newman, to the implementation of the provisions Issued at Kansas City, Mo., on March Acting Director, Central Region. of Amendments 60-21 and 60-29 of the 30, 1965. [F.R. Doc. 65-3612; Filed, Apr. 7, 1965; Civil Air Regulations, the FAA proposes E dward C. Marsh, 8:46 ajn.J to establish a transition area at Spencer, Director, Central Region. Iowa. [F.R. Doc. 65-3614; Filed, Apr. 7, 1965; The proposed Spencer, Iowa, tran 8:46 a.m.J 114 CFR Pari 71 K sition area would be designated to com [ Airspace Docket No. 65—CE—33 ] prise that airspace extending upward from 700 feet above the surface within a FEDERAL AIRWAY 5-mile radius of the Spencer, Iowa, Mu FEDERAL COMMUNICATIONS Proposed Alteration nicipal Airport (latitude 43°09'45" N., longitude 95°11'30" W.), and within 2 COMMISSION , The Federal Aviation Agency is con miles each side of the 191° bearing from [ 47 CFR Part 73 1 sidering an amendment to Part 71 of the the Spencer Municipal Airport, extend Federal Aviation Regulations that would ing from the 5-mile radius to 8 miles S [Docket No. 15935; FCC 65-2761 designate a nprth alternate segment to of the airport; and that airspace extend VOR Federal airway No. 74 from Ponca ing upward from 1,200 feet above the FM BROADCAST STATIONS City, Okla., via the intersection of the surface within 5 miles W and 8 miles E Proposed Table of Assignments Ponca City 094° and the Tulsa, Okla., of the 191° bearing from the Spencer 319° True radials, to Tulsa. Municipal Airport, extending from the In the matter of amendment of Interested persons may participate in airport to 12 miles S of the airport, and § 73.202, Table of Assignments, FM the proposed rule making by submitting within 5 miles each side of the 011° bear Broadcast Stations (Kirksville, Mo., such written data, views, or arguments ing from the Spencer Municipal Airport, Rensselaer, Ind., Golden Meadow, La., as they may desire. Communications extending from the airport to V-120. Xenia, Ohio, Atlantic, Iowa, Omaha and should identify the airspace docket num The proposed 700-foot floor transition Lincoln, Nebr., Ralls and Lamesa, Tex., ber and be submitted in triplicate to the will provide protection for departing air Skowhegan, Maine, Park Rapids, Minn., Director, Central Region, Attention: craft during their climb from 700 to 1,200 Ukiah, Calif., Cincinnati, Ohio, Tasley, Chief, Air Traffic Division, Federal Avia feet above the surface and for aircraft Va., Hamilton, Ala., Booneville and tion Agency, 4825 Troost Avenue, Kan executing the proposed instrument ap Starkville, Miss., Savannah, Tenn.), sas City, Mo., 64110. All communications proach procedure during their descent Docket No, 15935, RM-701, RM-705, received within 45 days after publication from 1,500 to 700 feet above the surface. RM-711, RM—714, RM-715, RM-721, of this notice in the F ederal R egister The proposed 1,200-foot floor tran RM-716, RM-717, RM-722, RM-726, will be considered before action is taken sition area will provide protection for RM-728, RM-729. on the proposed amendment. The pro aircraft while in the procedure turn area 1. Notice is hereby given of proposed posal contained in this notice may be of the proposed instrument approach rule making in connection with the changed in the light of comments re procedure and while holding. The ex above-listed requests to change the FM ceived. tension of the transition area to VOR Table of Assignments, § 73.202 of the An official docket will be available for Federal Airway No. 120 is necessary to Commission’s rules and regulations. All examination by interested persons at the protect aircraft transitioning from the of the proposals conform to the mini Federal Aviation Agency, Office of the airway system to Spencer Municipal Air mum mileage separations. All proposed General Counsel, Attention: Rules Dock port. assignments within 250 miles of the et, 800 Independence Avenue SW., Wash Specific details of the new approach United States-Canadian border require ington, D.C., 20553. An informal docket procedures that would be required may coordination with the Canadian Govern also will be available for examination at be examined by contacting the Chief, ment under the terms of the Canadian- the office of the Regional Air Traffic Di Airspace Branch, Air Traffic Division, United States FM Agreement of 1947 and vision Chief. Central Region, Federal Aviation Agency, the Working Arrangement of 1963. Thursday, April 8, 1965 FEDERAL REGISTER 4555
2. RM-701. Kirksville, Mo. On De eration highly uneconomical. It out signed Class A channels but that it does cember 22, 1964, Community Broadcast lines its past efforts to obtain an FM not wish to apply for either of these ers, Inc., licensee of Station KIRX(AM), station and contends that the addition assignments, since it would prefer not to Kirksville, Mo., filed a petition for rule of Channel 237A to Xenia would result move the only assignment in a commu making seeking the assignment of Chan in achieving a more effective and efficient nity. It further states that the proposal nel 233 to that city. Kirksville, a city use of available facilities. Finally, peti conforms to all the rules. ■* with a population of 13,123 persons \ has tioner states that the assignment can be 10. Ralls is the type of community for been assigned Class A Channel 228A. It made in full conformance with the rules which the Class A channels were intended has a Class IV standard broadcast sta provided a site about 4 miles southeast of since it is quite small and is located near tion, licensed to petitioner. Community the city is utilized. a large city which has a number of wide- submits that Kirksville is the largest city 6. We are of the view that the proarea assignments. The two communi in its county (Adair), that it is 55 miles posal merits rule making and invite com ties which the petitioner cites as having distant from the nearest city of compa ments on the petitioner’s proposal as a Class A assignment are both larger rable size, that it is a major population, follows: than Ralls. No showing has been made manufacturing, and educational center that a Class A channel would not ade of a large area, and that the surrounding Channel No. quately serve this community. In view counties are largely rural in nature. City of this, comments are invited on the fol Community urges that a Class C facility Present Proposed lowing proposal to assign Channel 252A is necessary to serve the city and large to Ralls. This assignment would require rural trade area surrounding it and that 280A 237A, 280A the deletion of Channel 251 at Lamesa because of this fact and its remoteness (unoccupied and not applied for); but from any large city or metropolitan area, this should be deleted anyhow because it Kirksville merits the assignment of a 7. RM-715. Atlantic, Iowa. On Feb is short-spaced to Channel 250 at Odessa, Class C channel. ruary 19, 1965 Nishna Valley Broadcast Tex. Comments are invited on the fol 3. We are of the view that the proposal ing Corp., licensee of Station KJAN lowing; which would substitute another warrants consideration and invite com (AM), Atlantic, Iowa, filed an amended channel for 251 at Lamesa: petition seeking the assignment of Chan ments on the following: nel 279 to Atlantic by substituting Chan nel 270 for 279 at Omaha, Nebr. and Channel No. Channel No. City City substituting Channel 245 for 270 at Lin coln, Nebr. Atlantic has a population of Present Proposed Present Proposed 6,890 persons and Station KJAN (day- Ralls, Tex...... 252A time-only) is the only station in the 251,262 262,284 228A 228A, 233 community. Nishna Valley submits that Cass County, in which Atlantic is lo Since we have attempted not to mix Class cated, does not have an FM assignment, 11. RM-717. Skowhegan, Maine. On A and C assignments in the same com that the nearest FM assignments are March 1,1965, Community Broadcasting munity in order to avoid competitive more than 50 miles distant and that the Service, licensee of FM Station WABI- inequality as far as ¡possible, comments proposal would serve the public inter FM, and TV Station WABI-TV, Bangor, are also invited on this matter. est. No applications are pending for the Maine filed an amended petition request 4. RM-705. Rensselaer, Ind. (Jasper assignments which would be changed by ing the Commission to delete Channel County Broadcasting Corp.) and RM- the proposal. 244A from Skowhegan, Maine, and to 711. Golden Meadow, La. (Little Eagle 8. Our past policy has been to assign substitute Channel 296A. No application Broadcasting). In these two petitions, Class A channels to the smaller com has been filed for Channel 244A at Skow it is requested that a Class A assignment munities and Class B or C assignments hegan. The purpose of the requested be made to a community not now having to the larger cities and metropolitan change is to permit Station WABI-FM an FM assignment. Both communities areas, with exceptions made in those to move from its present site (Copeland have a daytime-only AM facility and are cases where the small community was Hill, 5.5 miles southeast of Bangor) to of sufficient size to warrant an FM as remotely located with respect to large a new site (Dixmont, 17 miles WSW of signment. Comments are therefore in cities and surrounded by rural areas. Bangor )^ Petitioner states that the pro vited on the following: Atlantic may be a community which posed move of both the FM and TV sta warrants a Class C assignment and com tions would improve their service to the public and remove what the FAA be Channel No. ments are invited on this consideration City as well as the petitioner’s proposal, as lieves to be a hazard to air navigation follows: at the present site. Present Proposed 12. We are of the view that the pro posal merits rule making and invite com Rensselaer. Ind.. 249A Channel No. Golden Meadow, La _ 232A City ments on the following: Present Proposed 5. RM-714. Xenia, Ohio. On Janu Channel No. ary 12, 1965, Greene Information Cen 279 City ter, toe., licensee of Station WGIC(AM), Lincoln, Nebr.... 237A, 270, 274, 237A, 245, 274, Present Proposed 292A, 297 292A, 297 Xenia, Ohio, filed a petition requesting Omaha, Nebr.... 222, 23Í, 241, 263, 222, 23Í, 241, 253, the addition of Channel 237A to the ex 260, 264, 279, 260, 264, 270, 244A 296A isting assignment of Channel 280A in 283 283 Xenia. Xenia, population 20,445, is the 13. RM-722. Park Rapids, Minn. On county seat and largest community in 9. RM-716. Ralls, Tex. On January February 8, 1965, De La Hunt Broad Greene County (population 94,642). 21, 1965, KCLR, Inc., licensee of Station casting Corp., licensee of Station WGIC is a daytime-only station and is KCLR(AM), Ralls, Tex., filed a petition KPRM(AM), Park Rapids, Minn., filed operated by petitioner. Station WHBM for rule making requesting the assign a petition requesting the assignment of operates on Channel 280A, the only FM ment of Class C Channel 278 to Ralls. Channel 279 to Park Rapids. Park assignment in the city. Petitioner sub Ralls is a community of 2,229 persons Rapids is the largest community in Hub mits that as a daytime-only station it and is the largest community (though bard County and is its county seat. It cannot operate before sunrise and after not the county seat) of Crosby County, has a population of 3,047 persons. sunset at Xenia and that because it is which has a population of 10,347 per There is a Class IV AM station in opera located near the western border of the sons. KCLR is a daytime-only station. tion but no FM assignment in the com eastern standard time zone its hours of Ralls is situated about 27 miles from Lub munity. Petitioner urges the assignment operation vary greatly, making the op- bock, which has assigned six Class C as of a Class C channel and states that signments. KCLR states that two small Channel 279 may be assigned without 1 population figures herein are those of communities within 25 miles of Ralls disturbing any other assignment. Nor the 1960 U.S. Census. (Floydada and Slaton) have been as mally, our policy is to assign Class A 4556 PROPOSED RULE MAKING channels to small communities and Class An application requesting 97.1 kw ERP ing proposing the assignment of Class C B or C channels to the larger cities and has been filed with the Commission. As Channel 248 to Hamilton by making metropolitan areas. We have made ex a result WPAY urges that we delete other changes in the Table as follows: ceptions to this policy in those cases Channel 282 at Cincinnati from the where the small community was in a Table. It submits that the Table pro Channel No. largely rural area and was far removed vides for seven other FM assignments in City from any large city. This appears to be Cincinnati and three additional assign the case in Park Rapids. Comments are ments in nearby Hamilton, that there is Present Proposed invited on this aspect of the proposal no need for the retention of this assign Hamilton, Ala______as well as the following: ment, and that there is no area within Starkville, Miss______249A 50 miles of Cincinnati where this assign Booneville, Miss______269A 2R7A Savannah, Tenn...... 249A Channel No. ment may be used in compliance with the 269A City spacing rules. Present Proposed 17. We stated in the Fourth ReportHamilton is a community of 1,934 per and Order (FCC 64-919) issued on Oc sons and is located in the northwest sec 279 tober 9, 1964 in Docket 14185, that with tion of the State. Station WERH is a respect to short spaced stations which daytime-only station and no FM assign turn in their licenses, the action we take ments are within 25 miles of Hamilton. 14. RM-726. Ukiah, Calif. On Feb will depend on the number of assign Petitioner urges that a Class C assign ruary 9, 1965, Woodrow W. White and ments in the area, the need for assign ment is needed to serve a nighttime pri John Oliveira, d/b/a J & W Broadcasters, ments elsewhere, and the shortages in mary AM “white area,” and since a large applicant for a new FM station on Chan volved. We are of the view that the pro area surrounding Hamilton does not re nel 228A at Ukiah, filed a petition seek posal before us merits rule making and ceive any FM service and is not expected ing the assignment of a second Class A invite comments on the petitioner’s re to receive such service. Petitioner fur channel (232A) to Ukiah. Ukiah has a quest as follows: ther urges that this community merits population of 9,900 and is the largest an exception to the policy of assigning community and county seat of Mendo Channel No. Class A channels to the smaller com cino County, which has a population of City munities on the grounds that it Is far 51,059. Two AM stations are in opera removed from a large city or metropoli tion in that community (one daytime- Present Proposed tan area, the nearest metropolitan area only and one Class IV). There are on being at Tuscaloosa, about 70 miles dis file two applications for the sole FM Cincinnati, Ohio. 223, 227, 231, 253, 223, 227, 231, 253, 270, 274, 282, 270, 274, 286. tant, and that the area is largely a rural assignment in the city. Petitioners sub 286. one. There is an application on file for mit that unless a second assignment is Channel 249A at Savannah, Term. made to Ukiah a long and costly hear 18. RM-729. Tasley, Va. On February (BPH-4475), and this would have to be ing will be necessary and that service 15,1965 Accomack-Northampton Broad amended in the event the proposal is will be delayed for at least 18 months. casting Co., Inc., licensee of Station adopted. They further urge that the city needs a 21. The Commission is of the view choice of service from local FM stations WESR(AM), Tasley, Va„ filed a petition requesting the assignment of Channel that rule making is warranted in this and that the assignment can be made in 277 to Tasley. Tasley is an unincorpo case and invites comments on the follow full conformance with the rules. ing proposal: 15. We are of the view that the pro rated area with a population of 742 per posal warrants rule making and invite sons. It is located near the central por tion of the Eastern Shore region of Vir Channel No. comments on petitioner’s proposal as City follows: ginia close to several small communities, the largest of which is Onancock (popu Present Proposed lation 1,745). The Eastern Shore area Channel No. City consists of two counties, Accomack with 248 a population of 30,635 and Northampton Starkville, Miss______249A 269A Present Proposed Booneville, Miss______269A 257A with a population of 16,966., There is Savannah, Tenh______249A 269A only one AM station in the region, WESR 228A 228A, 232A (daytime-only) and no FM assignment. Petitioner points out that the nearest 22. Authority for the adoption of the 16. RM-728. Cincinnati, Ohio. OnClass A assignment is about 25 miles (Po- amendments proposed herein is con February 12, 1965, Radio Station WPAY, comoke City, Md.) and the nearest Class tained in sections 4 (i), 303, and 307(b) Inc., licensee of FM Station WPAY-FM, B assignment is over 50 miles (Ocean of the Communications Act of 1934, as Portsmouth, Ohio, filed a petition seeking City, Md.). It is urged that there is a amended. the deletion of Channel 282 from Cincin need for the Class B assignment because 23. Pursuant to applicable procedures nati, Ohio. WPAY points out that at of the isolation of the area, and the need set out in § 1.415 of the Commission’s the time the FM Table of Assignments to bring nighttime service to this pre rules, interested parties may file com was adopted WAEF-FM was operating dominantly rural region. ments on or before May 3,1965, and reply on Channel 282 at Cincinnati with the 19. Tasley, because of the distance comments on or before May 14, 1965. following short spacings: from any large city or metropolitan area All submissions by parties to this pro and because of the rural nature of the ceeding or by persons acting in behalf of WPAY-FM, Channel 281 Portsmouth, Ohio, surrounding area, may be the type of such parties must be made in written 86 miles instead of required 135.a comments, reply comments or other ap WMUN, Channel 281, Muncle, Ind., 86 miles community which merits a departure Instead of 105 miles. from our policy of generally making propriate pleadings. WAJC, Channel 283, Indianapolis, 103 miles Class A assignments to small communi 24. In accordance with the provisions instead of 105 miles. of § 1.419 of the rules, an original and ties. We believe therefore, that com 14 copies of all written comments, replies, Since that time WAEF-FM has been au ments should be invited on the petition er’s proposal as follows: pleadings, briefs, or other documents thorized to operate on Channel 253. shall be furnished the Commission. WPAY-FM urges that, but for the exist ence of the Channel 282 assignment at Channel No. Adopted: March 31, 1965. Cincinnati, it could, under the recently City Released: April 5, 1985. adopted § 73.213, apply for the maximum Present ( Proposed F ederal Communications facilities authorized for its class of sta Com m ission,® tion. If the requested amendment is 277 [seal] B en F . W aple, not adopted WPAY-FM would be limited Secretary. to 50 kw and 2000 feet antenna height. 20. RM-721. Hamilton, Ala. On Feb [F.R. Doc. 65-3659; Filed, Apr. 7, 1965; ruary 18, 1965, Kate F. Fite, licensee of 8:48 a.m.] * WPAX-FM is located in Zone n in Ken Station WERH(AM), Hamilton, Ala., tucky. filed an amended petition for rule mak * Commissioner Loevinger absent. Thursday, April 8, 1965 FEDERAL REGISTER 4557 rence Seaway Authority of Canada pur 156.8 Mcs—Safety and calling. FEDERAL MARITIME COMMISSION suant to provisions of its enabling act 156.7 Mcs—Working (Canadian stations). (33 U.S.C. 981 et seq.), proposes to adopt 156.6 Mcs—Working (Eisenhower station ). [46 CFR Part 537 1 miscellaneous amendments with respect The Seaway stations maintain a listening [Docket No. 1194] to Subpart B—Rules, of 33 CFR Part 401. watch, for emergency only, on 2182 Kcs. Interested parties may submit written III. It is further proposed that the CONFERENCE AGREEMENT PROVI comments and suggestions in connection SIONS RELATING TO CONCERTED rules respecting transit instructions, with the amendments proposed herein §§ 401.104-1 to 401.104-47, be amended ACTIVITIES to the Saint Lawrence Seaway Develop by revising § 401.104-8 (on masts) re ment Corporation, Seaway Circle, Mas- specting vertical clearance restrictions; Amended Notice of Proposed Rule sena, N.Y. (Attention: Counsel). For Making by deleting § 401.104-16 which pertained mal adoption of these amendments by to the Lachine Canal, no longer in op The Commission previously published the Seaway agencies is contemplated for eration; by deleting the words “Lachine proposed rules in this docket in the the 1965 navigation season of the St. Canal” in subsection (a) of § 401.104-30 Federal R egister issue of August 6, 1964 Lawrence Seaway. (on turning basins) and by adding (29 FR. 11384). In accordance with Proposed amendments in Subpart R— §401.104-48 on the prevention of oil the provisions of section 4, Administra Rules, of 33 CFR Part 401, as revised by pollution,, as follows: tive Procedure Act (5 U.S.C. 1003) and 28 F.R. 3754-62 and amended by 29 F.R. sections 15 and 43 of the Shipping Act, 5034, are set forth below. § 401.104—8 Furnishing information re 1916, ^notice is hereby given that the I. It is proposed that the rules respect masts. Federal Maritime Commission is consid ing condition of vessels, §§ 401.102-1 to Vessels, whose masts extend more than ering modifying § 537.2(a) of the pro 401.102-19, be amended by revising one hundred and ten feet above water posed rules as originally published. As § 401.102-4 (on masts) to account for level, shall not transit any part of the modified, § 537.2(a) would read as vertical clearance restrictions at new Seaway until precise information con follows:, bridges under construction; by revising cerning the height of the masts has been § 401.102-8 (on drainage pipes) for clari furnished to the dispatcher or officer in § 537.2 Provisions of agreements. fication; by revising § 401.102-14 (on charge; and vessels, whose masts extend * * * * * hand lines) to preclude the use of mate more than fifty-four, shall not transit (a) A provision stating the exact man rials of insufficient tensile strength and the Lachine Canal until the same con ner in which the joint business of the by adding § 401.102-20 (on oily-water dition has been fulfilled. parties may be carried out, i.e., full con separators) in the interest of protecting ference meeting, agents’ meeting, prin the Seaway from pollution by oil, as §401.104-16 [Deleted] cipals’ meeting, owners’ meeting, through follows: § 401.104—30 Turning basins. committees or subcommittees, telephone § 401.102-4 Masts. A vessel shall not be turned about in or oral polls, or through any other pro any canal, except at the following turn cedure by which the business of the joint No vessel shall transit any part of ing basins and, in the case of those in parties may be conducted. This provi the Seaway if a mast on the vessel ex the South Shore and Welland Canals, sion shall also include quorum require tends more than one hundred and seven except with authorization frQm the ments, and the types of vote necessary teen feet above water level, and no ves dispatcher. to take various actions; i.e., majority, sel shall transit the Lachine Canal if a mast on the vessel extends more than South Shore Canal: two-thirds, three-fourths, majority plus (a) Turning Basin No. 1. one, unanimous, etc., and also include a fifty-nine feet above water level. (b) Turning Basin No. 2. requirement that all votes be fully re § 401.102—8 Discharge pipes. WeUand Canal: ported, that is, the vote of each indi (a) Opposite St. Catharines Wharf for vidual member by name, on each ques No vessels shall transit with pipes vessels up to three hundred and fifty feet. tion voted on, shall be reported. which discharge onto the top of a tie-up (b) Between Bridge 8 and Bridge 9 for or lock wall. Discharge pipes will be vessels up to five hundred and fifty feet. ***** rigged to assure that overboard discharge (c) Three thousand feet south of Bridge Interested parties may comment on will be diverted into the water. 12 for vessels up to six hundred feet. - this modification by submitting an orig (d) North of Lock No. 8 for vessels up to inal and 15 copies of written statements, § 401.102-14 Hand lines. five hundred and fifty feet. data, views, or arguments pertaining Lachine Canal: Hand lines must be of Manila or other (a) [Deleted] thereto and any request for oral argu acceptable material and must have a (b) Below Lock No. 4. ment, should the same be desired, to the minimum diameter of one-half inch and Cornwall Canal: Secretary, Federal Maritime Commis a minimum length of one hundred feet (a) Above Lock No. 19. sion, Washington, D.C., 20573. All such and must not be knotted or weighted (b) Three thousand feet above Lock No. communications received by close of when they are to be used in the chamber 18—with permission of the Canal Super business May 3, 1965, will be considered. of a lock. intendent. Third Welland Canal: By the Commission. § 401.102—20 Oily-water separators. (a) Above Lock No. 1 at Port Dalhousie. fsEAL] T homas Lis i, It is strongly recommended that ves § 401.104—48 Prevention of oil pollu Secretary. sels which cannot contain waste oil prod tion. [F.R. Doc. 65-3652; Filed, Apr. 7, 1965; ucts or bilge water containing waste oil No vessel in transit shall discharge, 8:48 a.m.] products shall be equipped with oily- dump or pump oil products or bilge con water separators or other such equip taining oil products into the Seaway or ment for the extraction of oil products adjacent waters. A record shall be kept SAINT LAWRENCE SEAWAY DE from waste water before discharge. by vessels of each location within the II. It is further proposed that the Seaway or adjacent waters where bilge VELOPMENT CORPORATION rules respecting radio communications, water has been discharged. §§ 401.103-1 to 401.103-8, be amended by IV. It is lastly proposed that the rules I 33 CFR Part 401 ] revising § 401.103-2 for clarification, as respecting toll assessment and collection, SEAWAY RULES follows: §§ 401.106-1 to 401.106-10, be amended by deleting § 401.106-8 which dealt with Notice of Proposed Rule Making § 401.103—2 Radio-telephone frequen through transits of the Lachine Canal; Notice is hereby given that the Saint cies. and by revising § 401.106-10 (on off rawrence Seaway Development Corpo The Seaway stations operate on the loaded weights) for the purpose of clar ration, acting jointly with the St. Law following assigned VHF frequencies: ification, as follows: 4558 PROPOSED RULE MAKING
§ 401.106—8 [Deleted] § 401.106—10 Off-loaded weights. The loaded or manifest weight of cargo must be shown for tolls assessment purposes, except in the case of petroleum products where gallonage meters are not available at the point of loading, in which case off-loaded weights will be acceptable. (68 Stat. 93-97, 33 U.S.C. 981-990, as amended.) S aint Lawrence S eaway D evelopment Corporation, [seal] J oseph H. M cCann, Administrator. [F.R. Doc. 65-3600; Piled, Apr. 7, 1965; 8:45 a.m.] Notices
applications listed below will be con- b p -16421 WOKB, Winter Garden, Fla. CIVIL AERONAUTICS BOARD sidered as ready and available for proc Everbach Broadcasting Co., Inc. Has: 1600 kc, 1 kw, Day. [Docket 15949] essing. Pursuant to § 1.227(b)(1) and Req: 1600 kc. 5 kw, DA, Day. § 1.591(b) of the Commission’s rules, an b p -16424 WCNW, Fairfield, Ohio. MOHAWK STUDENT FARES application, in order to be considered Walter L. Follmer, Inc. with any application appearing on the Has: 1560 kc, 1 kw, DA, Day Notice of Prehearing Conference attached list or with any other applica (Hamilton, Ohio). Notice is hereby given that a prehear tion on file by the close of business on Req: 1560 kc, 5 kw, 1 kw (C H .), May 10, 1965, which involves a conflict DA-2, Day. ing conference in the above-entitled New, Clinton, Miss. matter is assigned to be held on April 20, necessitating a hearing with an appli- BP_16425 Clinton Broadcasting Co. 1965, at 10 a.m., e.s.t. in Room 925, Uni cation on this list, must be substantially Req: 1110 kc, 1 kw, Day. versal Building, Connecticut and Florida complete and tendered for filing at the b p -16426 New, Portage, Mich. Avenues NW., Washington, D.C., before offices of the Commission in Washing Portage Broadcasting Corp. Examiner James S. Keith. ton, D.C., by whichever date is earlier: Req: 1560 kc, 1 kw, DA, Day. (a) The close of business on May 10, b p -16428 New, Cochran, Ga. Dated at Washington, D.C., April 5, 1965, or (b) the earlier effective cut-off Bleckley County Broadcasting Co. 1965. Req: 1440 kc, 1 kw, Day. date which a listed application or any Bp_16429 KVBR, Brainerd, Minn. [seal] F rancis W. B rown, other conflicting application may have e b a Greater Minnesota Broadcasting Chief Examiner. by virtue of conflicts necessitating a Corp. [F.R. Doc. 65-3679; Filed, Apr. 7, 1965; hearing with applications appearing on Has: 1340 kc, 250 w, U. 8:50 a.m.] previous lists. Req: 1340 kc, 250 w, 1 kw-LS., U. The attention of any party in interest b p -16455 New, Natchez, Miss. desiring to file pleadings concerning Twin-State Radio, Inc. [Docket 11908 etc.] Req: 1390 kc, 5 kw, DA, Day. any pending standard broadcast ap- b p -16456 New, Window Rock, Ariz. REOPENED TRANSATLANTIC plication pursuant to section 309(d) (1) The Navajo Bible School & Mis CHARTER INVESTIGATION of the Communications Act of 1934, as sion. amended, is directed to § 1.580 (i) of the Req: 1300 kc, 1 kw, Day. Notice of Prehearing Conference Commission rules for provisions govern- b p -16457 WCRW, Chicago, HI. ing the time of filing and other require WCRW, Inc. Notice is hereby given that a prehear ments relating to such pleadings. Has: 1240 kc, 250 w, S-WEDC, ing conference in the above-entitled WSBC. matter is assigned to be held on May 4, Adopted: March 31, 1965. Req: 1240 kc, 250 w, 1 kw-LS, 1965, at 10 a.m., d.e.s.t., in Room 911, S-WEDC, WSBC. F ederal Communications b p -16458 New, Lemmon, S. Dak. Universal Building, Connecticut and Com m ission,1 Lemmon Broadcasting Co., Inc. Florida Avenues NW., Washington, D.C., [seal] B en F. W aple, Req: 1400 kc, 250 w, U. before Examiner Ralph L. Wiser. Secretary. b p -16460 WPHC, Waverly, Tenn. In order to facilitate the conduct of Humphreys County Broadcasting Applications from the top of the processing the conference, interested parties are in line: Co. structed to submit to the Examiner and Has: 1540 kc, 1 kw, 500 w. (C.H.), other parties on or before April 22, 1965: BP-16351 KBEW, Blue Earth, Minn. Day. (1) Formal motions with respect to the Faribault County Broadcasting Req: 1060 kc, 1 kw, Day. Co. BP-16461 New, Sioux Center, Iowa. proceeding, including motions to consoli Has: 1560 kc, 250 w, Day. Tri-State Broadcasters. date or expand (such motions should be Req: 1560 kc, 1 kw, Day. Req: 1070 kc, 500 w, Day. filed separately and comply with the BP-16390 New, Jamestown, Ky. BP—16462 WIVK, Knoxville, Tenn. Board’s rules of practice, with 20 copies Russell Broadcasting Corp. Dick Broadcasting Co., Ihc. of being filed with the Docket Section) ; (2) Req: 1060 kc, 1 kw, Day. Tennessee. proposed statements of issues; (3) pro BP-16392 KOLT, Scottsbluff, Nebr. Has: 860 kc, 1 kw, Day. posed stipulations, if any; (4) requests Hilliard Co. Req: 850 kc, 50 kw, DA, Day. Has: 1320 kc, 1 kw, 5 kw-LS, DA- BP-16464 New, Brunswick, Md. for information; (5) statements of posi 2, U. Elektra Broadcasting Corp. tions of parties; and (6) proposed pro Req: 1320 kc, 1 kw, 5 kw-LS, DA- Req: 1520 kc, 250 w. Day. cedural dates. N, U. BP-16465 New, Wheaton, 111. Dated at Washington, D.C., April 5, BP-16398 New, Oconto, Wis. Central DuPage County Broad 1965. Robert Henry Koeller. casting Co. Req: 1260 kc, 1 kw, Day. Req: 1530 kc, 500 w (250 w, C.H.), Day. [seal] F rancis W . B rown, BP-16406 KRUN, Ballinger, Tex. Central West Broadcasting Co. BP-16466 New, Wilkesboro, N.C. Chief Examiner. Has: 1400 kc, 250 w, S.H. Wilkesboro Broadcasting Co. [FR. Doc. 65-3680; Filed, Apr. 7, 1965; Req: 1400 kc, 250 w, 1 kw-LS, Req: 1240 kc, 100 w, U. 8:50 a.m.] S.H. BP-16470 New, Atoka, Okla. BP-16407 WEWO, Laurinburg, N.C. Bill Hoover. Scotland Broadcasting Co. Req: 1110 kc, 5 kw, DA, Day. Has: 1080 kc, 1 kw, Day. BP-16471 New, Arlington Heights, HI. Req: 1080 kc, 5 kw, 1 kw (C.H.), Jerome F. Cerny. FEDERAL COMMUNICATIONS Day. Req: 1530 kc, 1 kw, DA, Day. BP-16414 New, St. Anthony, Idaho. BP-16472 WVOC, Battle Creek. Mich. Theodore W. Austin. WVOC, Inc. COMMISSION Req: 1400 kc, 250 w, 1 kw-LS, U. Has: 1500 kc, 1 kw, DA, Day. [FCC 65-267] BP-16415 KOAL, Price, Utah. Req: Changes in directional an Eastern Utah Broadcasting Co. tenna system. STANDARD BROADCAST APPLICA Has: 1230 kc, 250 w, U. BP-16474 New, Carlsbad, N. Mex. TIONS READY AND AVAILABLE FOR Req: 1230 kc, 250 w, 1 kw-LS, U. Kolob Broadcasting Co. BP-16420 WLUV, Loves Park, 111. Req: 930 kc, 1 kw, Day. PROCESSING Loves Park Broadcasting Co. BP-16475 New, Allendale, S.C. April 2, 1965. Has: 1520 kc, 500 w, Day. All-Fair Broadcasting Co. Req: 1520 kc, 1 kw, 500 w (C.H.), Req: 1460 kc, 500 w, Day. 81Itotice is hereby given, pursuant to Day. BP-16476 New, Homestead, Fla. § 1.571(c) of the Commission rules, that Redlands Broadcasting Co., Inc. on May 11, 1965 the standard broadcast Commissioner Loevinger absent. R eq: 1430 kc, 500 w, Day. 4559 4560 NOTICES
BP-10478 New, Natick, Mass. BP-16519 New, Sparta, N.C. substantial part. In taking this action, Home Service Broadcasting Corp. H. Sid Comer. the Commission noted that it was en Req: 1060 kc, 1 kw, Day. Req: 1060 kc, 250 w, D. gaged in investigating private line rates BP-16480 New, Barnesville, Ga. BP-16523 New, Martinsburg, Pa. Barnesville Broadcasting Co. Beacon Broadcasting Concern. of the A.T.&T. Co. in Docket No. 11645 Req: 1090 kc, 500 w, Day. Req: 1110 kc, 5 kw, 1 kw (C.H.), and that any conclusions which might BP-16485 KGFX, Pierre, S. Dak. Day. be reached in that proceeding might Black Hills Radio, Inc. BP-16545 New, Colonial Heights, Tenn. affect the regulations and charges being Has: 630 kc, 200 w,Day. Ogram Broadcasting Corp. investigated in Docket No. 13439. In Req: 1060 kc, 10 kw, DA, Day. Req: 1090 kc, 1 kw, D. view of the foregoing, the Commission BP-16486 WAGL, Lancaster, S.C. BP-16546 KTOW, Sand Springs, Okla. found that it was in the public interest Palmetto Broadcasting System, Big Chief Broadcasting Co. of to continue the investigation in Docket Inc. Tulsa, Inc. Has: 1560 kc, 1 kw, 500 w (C.H.), Has: 1340 kc,250w ,U . No. 13439 pending final Commission ac Day. Req: 1340 kc, 250 w, 1 kw-LS, U. tion in Docket No. 11645. Req: 1560 kc, 10 kw, 500 w (C.H.), BP-16555 New, Beckley, W. Va. 3. The Commission, in FCC 63-66, re Day. . Christian Broadcasting Corp. leased January 30, 1963, issued its Final BP-16487 KQOT, Yakima, Wash. Req: 1060 kc, 10 kw, 1 kw (C.H.), Decision in Docket No. 11645, 34 F.C.C. KQOT, Inc. D. 217.1 In this connection, we found that Has: 940 kc, 250 w, Day. BP-16560 New, Wagoner, Okla. the effective rates for the 82-B-l equip R eq: 930 kc, 1 kw, Day. Lum-A Humphries, Trading as BMP-11448 WLLI, Brookneal, Va. Wagoner Radio Co. ment were not excessive and that an in Lester L. Williams. Req: 1530 kc, 250 w, D. crease in these rates was justified. In Has: CP-1230 kc, 250 w, U. BP-16570 New, Yoakum, Tex. this regard, the Commission authorized Req: 1230 kc, 250 w, 1 kw-LS, U. H. H. Huntley. _ A.T.&T. to file revised rates applicable BP-16488 New, Trenton, Tenn. Req: 1130 kc, 10 kw, DA, Day. to 82-B-l units of equipment which will Trentone, Inc.' BP-16589 KGIW, Alamosa, Colo. produce earnings at the percent level Req: 1500 kc, 1 kw, Day. Darrel K. Burns. based on specified cost data. With re BP-16489 WJES, Johnston, S.C. Has: 1450 kc, 250 w, U. spect to California Water, it has sub The Edgefield Saluda Radio Co. Req: 1450 kc, 250 w, 1 kw-LS, U. Has: 1570 kc, 250 w, D. BP-16601 WXTN, Lexington, Miss. mitted additional cost data in justifica Req: 810 kc, 1 kw, D. Holmes County Broadcasting Co. tion of the presently effective rates; and BP-16492 WPEG, W inston-Salem, N.C. Has: 1150 kc, 500 w,D . a review of the cost data in light of the WPEG, Inc* Req: 1000 kc, 5 kw, D. principles of the “Private Line’* case Has: 1550 kc, 1 kw, Day. Application deleted from Public Notice of (Docket No. 11645) indicates that the Req: 1560 kc, 10 kw, DA, Day. rates will not produce an excessive re BP-16493 New, Memphis, Tex. July 27, 1964 (Mimeo #55075) (29 F.B. M.W.C. Broadcasting Co. 11168) turn. In addition, a comprehensive Req: 1130 kc, 1 kw, DA, Day. BP-16256 New, Yoakum, Tex. analysis of the detailed cost data estab BP-16494 New, Vernon, Ala. H. H. Huntley. lished the reasonableness of the oper Lamar County Broadcasting Co. Req: 1130 kc, 5 kw, DA-Day. ating expenses. The argument made by R eq: 1380 kc, 1 kw, Day. (Assigned new File Number BP-16570.) the General Services Administrator that BP-16495 New, Vivian, La. these rates are higher than the rates of North Caddo Broadcasting Co. [F.R. Doc. 65-3660; Filed, Apr. 7, 1965; A.T.&T. Co for similar service or equip Req: 1600 kc, 500 w, Day. 8:48 a.m.] BP-16496 WDVA, Danville, Va. ment does not justify a continuation of Virginia - Carolina Broadcasting the investigation, in view of the material Corp. [DocketNo. 13439; FCC 65-239] submitted with regard to the cost to Cali Has: 1250 kc, 1 kw, 5 kw-LS, DA- fornia Water of furnishing the service. N, U. AMERICAN TELEPHONE & 4. In view of the foregoing, the investi Req: 1250 kc, 5 kw, DA-N, U. TELEGRAPH CO. gation in Docket No. 13439 is now moot BP-16501 New, Madison, Ala. Regulations and Charges Regarding and should be terminated. Therefore, it Goodman Broadcasting Co. is ordered, That Docket No. 13439 be Req: 1110 kc, 1 kw, D. Private Line Teletypewriter Service BP-16502 WFMI, Montgomery, Ala. terminated. Fine Music, Inc. In the matter of American Telephone Adopted: March 31,1965. Has: 1500 kc, 500 w, D. & Telegraph Co., Docket No. 13439; regu Req: 1000 kc, 10 kw, 5 kw (C.H.), lations and charges for certain equip Released: April 2,1965. D. ment on an 82-B-l type relay system for BP-16509 KGNS, Loredo, Tex. F ederal Communications Southwestern Operating Co. use in connection with private line Com m ission/ Has: 1300 kc, 500 w, D. teletypewriter service. [ seal] B en F . W aple, Req: 1300 kc, 1 kw, D. 1. This docket involved an investiga Secretary. BP-16510 WVSC, Somerset, Pa. tion into the regulations and charges Radio Station WVSC, Inc. applicable to an 82-B-l relay system to [F.R. Doc. 65-3661; Filed, Apr. 7, 1965; Has: 990 kc, 250 w, Day. be used in connection with private line 8:48 a.m.] Req. 990 kc, 5 kw, DA, Day. teletypewriter service supplied to the New, Chatham, Va. BP-16511 United States Navy. These regulations [Docket Nos. 15932,15933; FCO 65M-417] George G. Beasley. and charges were contained in A.T.&T. Req: 1080 kc, 1 kw, D. ASSOCIATED TELEVISION CORP., AND BP-16513 New, Athens, Tenn. Co. Tariff F.C.C. No. 208, 8th Revised 3 J’s Broadcasting Co. Page 35A and 3d Revised Page 35 CA, CAPITOL CITY TELEVISION CO. Req: 1390 kc, 500 w, D. filed on behalf of California Water & BP-16514 KRBA, Lufkin, Tex. Telephone Co. (California Water). Order Scheduling Hearing Darrell E. Yates. 2. On July 12, 1960, California Water In reapplications of Associated Tele Has: 1340 kc, 250 w, U. filed a motion which inter alia requested vision Corp., St. Paul, Minn., Docket Req: 1340 kc, 250 w, 1 kw-LS, U. that the investigation in Docket No. BP-16515 New, Englewood, Tenn. No. 15932, File No. BPCT-318; Deil O. Norman Thomas & Associates, 13439 be dismissed. The United States Gustafson, tr/as Capitol City Television Inc. of America, through its Administrator of Co., St. Paul, Minn., Docket No. 15933, Req: 1090 kc, 1 kw, D. General Services, filed, on July 21, 1960, BP-16517 KISN, Vancouver, Wash. an opposition to the motion of California 1 The decision was stayed by the U S. Star Broadcasting Inc. Water to dismiss the proceeding, based Court of Appeals for the 7th Circuit pending Has: 910 kc, 1 kw, DA-N, U. primarily on a comparison of the rates review, but became effective Oct. 1,1964, after Req: 910 kc, 1 kw, 5 kw-LS, DA-2, filed on behalf of California Water and affirmance by that court. Since a petition for U. writ of certiorari in the U.S. Supreme Cour BP-16518 KDBM, Dillon, Mont. the lower rates of A.T.&T. Co., for simi was denied on Mar. 29, 1965, Wilson & Co» Vigilante Broadcasting Co., Inc. lar equipment and service. The Com Inc. et al. v. U.S., this matter can now be dis Has: 800 kc, 1 kw, D. mission, in Order FCC 60-1226, released posed of. Req: 1490 kc, 250 w, 1 kw-LS, U. October 18, 1960, denied this request in 2 Commissioner Loevinger absent. Thursday, April 8, 1965 FEDERAL REGISTER 4561 Pile No. BPGT-3428; for construction 1. This concerns a joint motion in be proceeding is hereby changed from permit for new television broadcast sta half of State Independent Telephone As Washington, D.C., to Kansas City, Kans., tion (Channel 23). sociation of Kansas (Telephone Associa and shall there be convened by the Pre It is ordered, This 5th day of April tion) and The Wheat State Telephone siding Hearing Examiner on May 3,1965. 1965, that Arthur A. Gladstone shall pre Co., Inc. (Wheat State), filéd March 22, Released: April 5,1965. side at the hearing in the above-entitled 1965, for field hearing in thé above-en proceeding which is hereby scheduled to titled proceeding. It is opposed by the F ederal Communications commence at 10 a.m., June 30,1965; that applicant. Com m ission, the initial prehearing conference in the 2. Upon consideration of an appro [seal] B en F . W aple, proceeding shall be convened by the pre priate request for public hearing on the Secretary. siding officer at 10 a.m., April 28, 1965; above-captioned application filed jointly [F.R. Doc. 65-3664; Filed, Apr. 7, 1965; and that all proceedings shall be held in by Telephone Association and Wheat 8:49 a.m.] the Offices of the Commission, Washing State, the Chief of the Commission’s ton, D.C.: And it is further ordered, That Common Carrier Bureau (acting under counsel for parties to the proceeding at delegated authority), by order released the time of their appearance at the initial February 10, 1965, assigned the applica FEDERAL MARITIME COMMISSION prehearing conference shall be prepared tion for public hearing to be held in [Docket No. 1212; Agreements 9060-2, 9060-3] to discuss to the fullest extent applicable, Washington, D.C., to determine whether in light of the governing issues, all of the applicant’s acquisition of the telephone ADRIATIC/NORTH ATLANTIC RANGE pertinent points enumerated in § 1.251 plant and properties of DeSoto Mutual FREIGHT POOL of the Commission’s rules of practice and Telephone Co., located in the vicinity of Modifications of Agreements Filed procedure. DeSoto, Kans., will be of advantage to the persons to be served and in the public for Approval Released: April 5,1965. interest. Telephone Association and The parties to Agreements 9060 and F ederal Communications Wheat State are among the parties to 9060-1 which provide for the pooling of Co m m issio n , this proceeding, and, therefore, have revenue on-cargoes moving from Venice, [seal] B en F . W aple, standing for purposes of filiiig the instant Italy, to North Atlantic Range discharg Secretary. motion in which they seek a change in ing ports of the west coast of Italy, [P R. Doc. 65-3662; Filed, - Apr. 7, 1965; the place of hearing from Washington, Sicilian, and Adriatic Ports/North At 8:48 a.m.] D.C., to a location near DeSoto, Kans. lantic Range Conference trade have filed 3. Having alleged (a) that there will for approval of the Commission under be available as witnesses in this hearing section 15 of the Shipping Act, 1916; [Docket Nos. 15930, 15931; FCC 65M-416] a number of local residents; (b) that (l)a modification (9060-2), to the agree SERGIO MARTINEZ CARABALLO AND their testimony will relate to the issue of ment which modifies the handling whether this proposed acquisition would charges applicable to cargo rated on a CARIBBEAN BROADCASTING CORP. be advantageous to the communities af lump-sum basis; and (2) a modification Order Scheduling Hearing fected and otherwise in the public in (9060-3) which provides for the auto terest; and (c) that “a true public hear matic extension of the duration of the In re applications of Sergio Martinez ing,” within the meaning of the govern basic agreement after December 31,1964, Caraballo, Arecibo, P.R., Docket No. ing statute, would, in effect, be denied to for one year at a time, notice of with 15930, File No. BPH-3783; Caribbean them unless it is held in the vicinity in drawal by either party prior to Novem Broadcasting Corp., Arecibo, P.R., Docket which they reside—Telephone Associa ber 30th of any year, and that a party No. 15931, File No. BPH-4724; for con tion and Wheat State demonstrate that resigning prior to November 30th has no struction permits. the field hearing which they seek would right to withdfaw its resignation. It is ordered, This 5th day of April be the most effective means of obtaining Whereas, the Commission has insti 1965, that Charles J. Frederick shall serve a full record in this proceeding. Appli tuted a proceeding in Docket No. 1212 to as the presiding officer in the above- cant’s opposition to the motion is with determine inter alia whether Agreements entitled proceeding; that the hearings out merit, for, contrary to its contention, 9060 and 9060-1 should be approved, dis therein shall commence at 10 a.m. on May it would be inappropriate at this time to approved, or modified. 19, 1965; and that a prehearing confer find that all of the testimony to be Whereas, a prehearing conference will ence shall be convened at 9 a.m. on April elicited from the public witnesses afore 21,1965: And it is further ordered, That be scheduled to be held before presiding mentioned will prove to be irrelevant; examiner Paul D. Page, Jr., at such time all proceedings shall be held in the Offices nor is it significant, for purposes of dis as certain documents are made available of the Commission, Washington, D.C. posing of this pleading, that heretofore in these matters; Released: Aprils, 1965. the acquisition in question was accom Now therefore, it is ordered, That the plished “pursuant to orders of the Dis proceeding, Docket 1212, be enlarged to F ederal Communications trict Court of Johnson County.” A pub include the question as to whether Agree Com m ission, lic hearing in this matter is mandatory, ments 9060-2 and 9060-3 should be ap [seal] B en F . W aple, such hearing having been requested by a Secretary. proved, disapproved, or modified pur telephone company and an association suant to section 15 of the Shipping Act, [F.R. Doc. 65-3663; Filed, Apr. 7, 1965; of telephone companies (section 221(a) 1916. 8:48 a.m.] of the Communications Act), and, as It is further ordered, That the first stated by the Bureau Chief in his order paragraph of Article 19 of basic Agree [Docket No. 15829; FCC 65M-415] of February 10, 1965, instituting the pro ment 9060 be modified to read, as follows : ceeding, supra, “Since the certificate in This Freight Pool Agreement which is sub SOUTHWESTERN BELL TELEPHONE question confers immunity from the anti ject to approval of the Federal Maritime CO. trust laws, it should not be issued unless Commission shall be effective as from Jan and until all material questions raised uary 1, 1963, and remain in effect until such Memorandum Opinion and Order as to propriety of the transaction in time as the Commission approves, disap Changing Place of Hearing terms of statutory requirements are re proves, cancels, or modifies Agreements 9060, solved.” It would appear that the facts 9060—1, 9060—2, and 9060—3, or until otherwise In the matter of the application of ordered by the Commission, - Southwestern Bell Telephone Co., Docket essential to à resolution of these ques No. 15829, File No. P-C-5706; for a cer- tions are obtainable only by the field It is further ordered, That the fore nncate under section 221(a) of the Com hearing sought by the moving parties. - going modification to basic Agreement Accordingly, it is ordered, This 2d day 9060 be, and the same is hereby, ap munications Act of 1934, as amended, to of April 1965, that the joint motion of proved pursuant to section 15 of the acquire the telephone plant and prop State Independent Telephone Associa Shipping Act, 1916. erties of the DeSoto Mutual Telephone tion of Kansas and The Wheat State It is further ordered, That this ap o^, located in and around the community Telephone Co. is granted; and that the proval shall become, effective at such of DeSoto, Kans. place of hearing in the above-entitled time as the Federal Maritime Commis- No. 67------6 4562 NOTICES sion receives written notice that the par be in violation of their approved dual cluding notice of time and place of ties have agreed to the foregoing modi rate contract. Further, the imposition hearing or prehearing conference, shall fication; and of the surcharge at all U.S. Atlantic be mailed directly to all parties of record. It is further ordered, That such ap and Gulf ports may be in violation of By the Commission. proval shall be null and void unless the section 16 First of the Shipping Act, agreement so modified is filed with the 1916, which makes it— [ seal] T homas Lisi, Commission not later than sixty (60) unlawful for any common carrier by wa Secretary. days from the date of service of this ter * * * either alone or in conjunction Appen d ix A order. with any other person, directly or indirectly: Atlantic and Gulf/West Coast of South First. To make or give any undue or un America Conference (2744). By the Commission. reasonable preference or advantage to any Atlantic and Gulf/Panama Canal Zone, [ seal] T homas Lis i, person, locality, or description of traffic in Colon and Panama City Conference (3868). Secretary. any respect whatsoever, or to subject any U.S. Atlantic & Gulf-Jamaica Conference particular person, locality, or description (4610). [F.R. Doc. 65-3653; Filed, Apr. 7, 1965; of traffic to any undue or unreasonable preju Leeward & Windward Islands & Guianas 8:48 a.m.] dice or disadvantage in any respect whatso Conference (7540). ever. East Coast Colombia Conference (7590). West Coast South America Northbound Con [Docket No. 65-7] and may also be in violation of section 17, which provides in part; ference (7890). IMPOSITION OF SURCHARGE AT U.S. United States Atlantic and Gulf/Haiti Con That no common carrier by water in foreign ference (8120). ATLANTIC AND GULF PORTS ON commerce shall demand, charge, or collect Atlantic and Gulf/West Coast of Central CARGO MOVING BETWEEN SAID any rate, fare, or charge which is unjustly America and Mexico Conference (8300). PORTS AND LATIN AMERICAN discriminatory between shippers or ports * * * United States Atlantic and Gulf-Santo Domingo Conference (6080). PORTS and may also be in violation of section C. D. Marshall, Chairman, i l Broadway, New 18(b)(5), which provides: York, N.Y., 10004. Order of Investigation and Hearing The Commission shall disapprove any rate M embers The common carriers by water and or charge filed by a common carrier by water those conferences of common carriers by in the foreign commerce of the United States Alcoa Steamship Co., Inc. (4610, 7540, 8120, water listed in Appendix A below and or conference of carriers which, after hear 6080), 17 Battery Place, New York, N.Y., ing, it finds to be so unreasonably high or 10004. hereby made respondents to this pro low as to be detrimental to the commerce Booth Lamport West Indies Service—Joint ceeding and all of which are operating of the United States. Service (7540) : in the foreign commerce of the United ( A) The Booth Steamship Co., Ltd., Booth States between ports in the United States Upon consideration of the foregoing American Shipping Corp., agents, 17 and Latin America, have filed under sec the Commission is of the opinion that Battery Place, New York, N.Y., 10004. an investigation should be undertaken (B) Lamport & Holt Line Ltd., Ibid. tion 18(b), Shipping Act, 1916, to become Compania Colombiana de Navegacion Mari effective approximately 30 days from the to: . time (Coldemar Line) (2744, 3868, 7590), date of filing, an emergency 10-percent (1) Determine whether the imposition 79 Pine Street, New York, N.Y., 10005. surcharge on freight rates named in of the surcharge may be violative of sec Compania Sud Americana de Vapores (Chil their respective tariffs. Where any rea tions 15, 16 First, 17 and 18(b) (5) of ean Line) (2744, 7890), 29 Broadway, New sons have been given, the surcharge is the Shipping Act; York 6, N.Y. alleged to be necessary to recompense (2) Determine whether the longshore Dovar, S.A. International Shipping & Trad the respondents for exceptional costs re men strike constitutes an “extraordinary ing Co. (Dovar Line) (4610, 8120), 29 Broadway, New York 6, N.Y. sulting from “extraordinary conditions” condition” within the contemplation of Flota Mercante Dominicana, C. por A. (Do in U.S. Atlantic and Gulf ports causing Article 10 of the conferences’ dual rate minican Steamship Line) (6080), 80 Broad- unusual obstructions to and delays in contracts; and Street, New York 4, N.Y. their service, resulting from the recent (3) Afford an opportunity to the pro- Flota Mercante Grancolombiana, SA. (Gran strike of longshoremen. testants to publicly participate in such colombiana (New York) Ine. (2744, 3868, The Commission has received commu investigation. 7590, 7890), 79 Pine Street, New York, N.Y., Therefore, it is ordered, Pursuant to 10005. nications from persons who will be af Grace Line Inc. (Grace Line) (2744, 3868, fected by the increased costs of shipping sections 15 and 22 of the Shipping Act, 4610, 7540, 7590, 7890, 8120, 8300, 6080), which will result from the surcharge, 1916, that the Commission, upon its own 3 Hanover Square, New York, N.Y., 10004. protesting its imposition on the grounds motion, enter upon an investigation to Gulf & South America Steamship Co., Ine. that the surcharge is unwarranted, un determine whether the imposition of the (2744, 3868, 7890), Lykes Bros. Steamship conscionable, detrimental to the com surcharge by the respondents is in vio Co., Inc., agents, Commerce Building, 821 merce of the United States, and contrary lation of sections 15, 16, 17, or 18(b) (5) Gravier Street, New Orleans 12, La. to the public interest. It also appears of the Shipping Act, 1916. Lykes Bros. Steamship Company, Ine. (6080, It is further ordered, That this pro 7590, 8120), Commerce Building, 821 Gra that the imposition of the surcharge is vier Street, New Orleans 12, La. being applied to all U.S. Atlantic and ceeding be assigned for public hearing Marina Mercante Nicaraguense, S.A. (Ma- Gulf Coast ports served by the common before an examiner of the Commission’s menic Line) (3868, 8120, 8300), American carriers without regard to whether such Office of Hearing Examiners and that the Hemisphere Marine Agencies, Inc., 26 ports were equally affected by the long hearings be held at a date and place to Broadway, New York 4, N.Y. shoremen strike. be determined and announced by the Moore-McCormack Lines, Inc. (American The respondent conferences are oper presiding examiner; and that the pro Republic Line) (7540), 2 Broadway, New ceeding be expedited; York, N.Y., 10004. ating in accordance with agreements N.V. Nedlloyd Lijnen (Nedlloyd Lines Ine-) approved by the Commission pursuant It is further ordered, That notice of (7890), 25 Broadway, New York, N.Y., to section 15 of the Shipping Act, 1916, this Order be published in the F ederal and under exclusive patronage contracts R egister and that a copy thereof and Royal1 0 0 0 4 -Netherlands Steamship Co. , («■»■ n v approved by the Commission pursuant notice of hearing be served upon re Koninklijke Nederlandsche Stoomboot to section 14b of the Act. Under, these spondents; and Maatschappij) (4610, 7540, 8120, 8300, exclusive patronage contracts respondent It is further ordered, That any person, 6080) , 25 Broadway, New York, N.Y., lOOGi. other than respondents, who desires to States Marine Lines—Joint Service (8300) • conferences are prohibited from increas (A) States Marine Lines, Ine., States Ma ing rates on less than 90 days’ notice, become a party to this proceeding and rine-Isthm ian Agency, Inc., agent, ou except upon the occurrence of “extraor to participate therein, shall file a peti Broad Street, New York, N.Y., 10004. dinary conditions” as provided in Article tion to intervene with the Secretary, (B) Global Bulk Transport, Inc., Ibid. 10 of those contracts. Federal Maritime Commission, Wash United Fruit Co. (3868, 4610, 7590, 8300), P«r The imposition of the surcharge by the ington, D.C., 20573, on or before April 19, 3, North River, New York, N.Y., 10006. respondent conferences may be detri 1965, with copy to respondents; West Coast Line, Inc. (2744, 3868, 7890) _ mental to the commerce of the United And it is further ordered, That all fu Joint Service, 67 Broad Street, New YorK States and contrary to the public inter ture notices issued by or on behalf of 4, N.Y.: est, in violation of section-15, and may the Commission in this proceeding, in (A) West Coast Line, Inc. (Ibid). Thursday, April 8, 7 5 6 5 FEDERAL REGISTER 4563 (B) A/S Sobral, Oivind Lorentzen, Inc., horsepower as a pump connected to a Line”, filed in the office of the Federal general agents, 21 West Street, New York, 150,000 kilowatt generator with space for Power Commission. Aßril 30,1964, as sup N.Y., 10006. three similar units; Lower Project plemented December 21, 1964 (FPC No. Nonconfebence Carriers .(pumped storage) (1) a concrete grav 2469-2); Amftrlce" Plate Line, c/o Hansen & Tide- ity dam with a gated spillway section; T. 4 1 N., R. 7 E., mann, Inc., 19 Rector Street, New York 6, (2) a gated intake section and a non Sec. 2: SW&NW&, N^SW1^, SE^SWVi, N.Y. overflow section; (3) a reservoir with an Sy2SE»4; Atlantic Lines, Ltd., c/o Chester, Blackburn area of about 2,850 acres at elevation Sec. 3: Lots 2,3, 4,S%NE%; & Roder, Inc., 1 Whitehall Street, New 2290 feet and a total storage capacity of Sec. 11: NE&NE&; York 4, N.Y. about 152,760 acre-feet of which 86,500 Sec. 12: SW&NE&, NW&NW&, S&NW^, Azta Line, c/o Jan C. Uiterwyk Co., Inc., 238 acre-feet would be devoted to power Ni/2SE %. East Davis Boulevard, Tampa, Fla. T. 42 N., R. 7 E., Delta Steamship Lines, Inc., 1300 Hibernia purposes; (4) a powerhouse with an in Sec. 33: Lot 1, NE%SE%! Bank Building, New Orleans 12, La. stallation of two 55,000-horsepower tur ^ Sec. 34: W»/2SW%. Grace Line, 3 Hanover Square, New York 4, bines each connected to a 40,000-kilowatt T. 41 N„ R. 8 E., N.Y. generator; Bluestone Power Installation Sec. 7: Lots 3,4, SEV4SW&; Ozark Navigation, Inc., 700 West Wall Street, a powerhouse to be located at the Blue- Sec. 17: S y2 NW&, NE&SWV4. NW&SEft, Post Office Box 1415, Southside Station, stone Flood Control Dam with an initial S&SE%; Springfield, Mo. installation of two turbines each with a Sec. 18: N^NE^, SE&NE^, NE&NWVi: Peruvian State Line (Corporacion Peruana de capacity of 40,000 horsepower connected Sec. 21: NW&NE14, Sy2NE}4, N&NW&, Vapores), c/o Hansen & Tidemann, Inc., NE&SEi/i; 19 Rector Street, New York 6, N.Y. to a 30,000 kilowatt generator. (Six Sec. 22: N%SWV4, SE&SW&, sy 2SEi4; Royal Netherlands Steamship Co., 25 Broad penstocks were provided in the Dam Sec. 25: Ny2N W % , SW ‘/4NWy4 ; way, New York 4, N.Y. during construction so that four addi Sec. 26: Sy2NE%, NWy4NW>4, Sy2NWV4; Surinam Navigation Co., Ltd., c/o Hansen & tional units may be installed at a future Sec. 27: Ny2,NE%. Tidemann, Inc., 1616 Pere Marquette date); and substations with step-up Building, New Orleans, La. facilities would be located near each The area reserved pursuant to the fil Tica Line, c/o Dovar Shipping Agency, Inc., powerhouse; switching stations (not part ing of this application is approximately 24 State Street, New York, N.Y., 10004. 148.98 acres of which approximately 6.00 of the project) would be located near the acres have been previously withdrawn [PR. Doc. 65-3654; Filed, Apr. 7, 1965; Upper and Lower Projects on Applicant’s '8:48 a.m.] interconnected primary transmission for Power Site Reserve No. 446 or Water system; and transmission lines extend Power Designation No. 7. ing between each substation and the re The general determination made by spective switching station. the Commission at its meeting of April FEDERAL POWER COMMISSION Protests or petitions to intervene may 17, 1922 (2d Ann. Rept. 128), with re be filed with the Federal Power Commis spect to the lands reserved for transmis [Project No. 2317] sion, Washington, D.C., 20426, in accord sion line right-of-way only, is applicable to those portions of the above described APPALACHIAN POWER CO. ance with the rules of practice and pro cedure of the Commission (18 CFR 1.8 lands occupied for that purpose. Notice of Application for License or 1.10). The last day upon which pro Copies of the afore-mentioned project tests or petitions may be filed is May map, Exhibit J and K, sheet 1 of 1 (FPC April 2,1965. 18, 1965. The application is on file with No. 2469-2) have been transmitted to Public notice is hereby given that ap the Commission for public inspection. the Bureau of Land Management and plication has been filed under the Fed Geological Survey, Department of the G ordon M. G rant, Interior. eral Power Act (16 U.S.C. 791ar-825r) by Acting Secretary. Appalachian Power Co. (correspondence J oseph H. G utride, to: H. B. Cohn, Vice President, Appalach [F.R. Doc. 65-3617; Filed, Apr. 7, 1965; Secretary. ian Power Co., Post Office Box 7, Church 8:46 a.m.] [F:R. Doc. 65-3618; Filed, Apr. 7, 1965; Street Station, New York, N.Y., 10008) 8:46 a.m.] for license for proposed Project No. 2317, consisting of three developments, to be [Project No. 2469] [Docket No. G—4590 etc.] known as the Upper Project, the Lower ARIZONA PUBLIC SERVICE CO. Project, and the Bluestone Power In H. L. BROWN ESTATE ET AL. stallation, to be located on the New Notice of Land Withdrawal; Arizona River, in Grayson County, Va., Ashe and Findings and Order After Hearing; Alleghany Counties, N.C., and Summers April 2, 1965. Correction County, W. Va., in the vicinity of Fries, Conformable to the provisions of sec M arch 5, 1965. Galax, and Independence, Va.; Sparta tion 24 of the Act of June 10, 1920, as and Jefferson, N.C., and Hinton, W. Va. amended, notice is hereby given that the In the Findings and Order After Stat The proposed project will affect a Gov lands hereinafter described, insofar as utory Hearing Issuing Certificates of ernment dam and lands of the United title thereto remains in the United Public Convenience and Necessity, States at the Bluestone Flood Control States, are included in power Project No. Amending Certificates, Permitting and Project owned by the United States and 2469 for which application for license Approving Abandonment of Service, operated by the U.S. Corps of Engineers. (minor-part) was filed April 30,1964, by Terminating Certificate, Terminating The proposed project would consist Arizona Public Service Co., of Phoenix, Rate Proceeding, Substituting Respond of: Upper Project (pumped storage) (1) Ariz. Under said section 24 these lands ent, Redesignating Proceedings, Requir a rock-fill dam with an impervious clay are from the date of filing of said appli ing Filing of Surety Bond, and Accept core; (2) a gated concrete ogee spillway cation reserved from entry, location or ing Related Rate Schedules and Supple m an excavated channel to the left of other disposal under the laws of the ments for Filing, issued November 10, the dam; (3) two earth and rock-filled United States until otherwise directed 1964, and published in the F ederal R eg dikes; (4) a reservoir with an area of by the Commission or by Congress. ister November 20, 1964 (F.R. Doc. 64- about 16,600 acres at elevation 2497 feet 11720; 29 F.R. 15587-15590); change and a total storage capacity of 1,288,000 G ila and S alt R iver M eridian Docket Nos. “G-4590” and “G-4591” to acre-feet of which about 160,000 acre- All portions of the following subdivi-' read Docket No. “17945” in the caption; eet would be devoted to flood control sions lying within 60 feet of the center finding paragraph (5); and ordering par storage; (5) six tunnels equipped with line survey of the transmission line loca agraph (G). * ^ates; a powerhouse with an tion as delimited upon revised map, des J oseph H. G utride, uitiai installation of three vertical shaft ignated “Exhibit J and K, sheet 1 of 1” Secretary. reversible (motor-generator) pump tur entitled “Right-of-Way, Glen Canyon to [F.R. Doc. 65-3619; Filed, Apr. 7, 1965; bines each with a capacity of 225,000 Utah State Line, 230 kv Transmission 8:46 a.m.] 4564 NOTICES
[Docket No. CP65-293] the F ederal R egister March 23, 1965 (1) It is necessary and proper in the GAS SERVICE, INC. (F.R. Doc. 65-2864; 30 F.R. 3794); in the public interest and to aid in the enforce chart change FPC Gas Rate Schedule ment of the provisions of the Natural Gas Notice of Application “No. 43” to FTC Gas Rate Schedule Act, that an investigation be instituted “No. 55” relating to Docket No. CI65- by the Commission, upon its own motion, March 31, 1965. 709. into and concerning all rates, charges, or Take notice that on March 23, 1965, Joseph H. Gutride, classifications demanded, observed, Gas Service, Inc. (Applicant), Nashua, Secretary. charged, or collected by Natural for or N.H., filed in Docket No. CP65-293 an [F.R. Doc. 65-3621; Filed, Apr. 7, 1965; in connection with any transportation or application pursuant to section 7(a) of 8:46 ajn.] sale of natural gas, subject to the juris the Natural Gas Act for an order of the diction of the Commission, and any rules, Commission directing Tennessee Gas regulations, practices, or contracts af Transmission Co. (Tennessee) to estab [Docket No. RI65-491 etc.] fecting such rates, charges, or classifica lish physical connection of its natural MARATHON OIL CO. ET AL. tions. gas transmission facilities with the facili (2) It is necessary and appropriate, in ties proposed to be constructed by Ap Order Providing for Hearing on and order to expedite such investigation that plicant, and to sell and deliver natural Suspension of Proposed Changes in Natural submit the cost and revenue gas to Applicant for resale and distribu Rates, and Allowing Rate Changes report hereinafter prescribed. tion in Tilton, Franklin, Northfield, and The Commission orders: Laconia, N.H., and contiguous environs, To Become Effective Subject to Re (A) Under authority of sections 4 (a) all as more fully set forth in the applica fund; Correction and (b), 5,10,14,15 and 16 of the Natural tion on file with the Commission and March 5,1965. Gas Act an investigation of Natural is open to public inspection. In the Order Providing for Hearing on hereby instituted for the purpose of en Applicant seeks physical connection of and Suspension of Proposed Changes in abling the Commission to determine its proposed lateral transmission facili Rates, and Allowing Rate Changes To Whether, with respect to any transporta ties with Tennessee’s pipeline at a point Become Effective Subject to Refund, is tion or sale of natural gas, subject to the near Concord, N.H., and the sale and de sued February 5, 1965 and published in jurisdiction of the Commission, made or livery of the third year maximum day the F ederal R egister February 13, 1965 proposed to be made by Natural, any of requirements of Applicant for the above (F.R. Doc. 65-1557; 30 F.R. 2050), change the rates, charges, or classifications de service area of 1,690 Mcf at such con Docket No. “RI64-519” to read Docket manded, observed, charged, or collected, nection. No. “RI64-549” in the last column of the or any rules, regulations, practices, or The total estimated volumes of nat chart of Appendix “A”. contracts affecting such rates, charges or ural gas involved to meet Applicant’s an classifications, are unjust, unreasonable, nual and peak day requirements for the J oseph H. Gutride, unduly discriminatory, or preferential. initial 3-year period of proposed opera Secretary. (B) On or before April 30,1965, Natu tions are stated to be: [F.R. Doc. 65-3622; Filed, Apr. 7, 1965; ral shall report to the Commission cost 8:46 a.m.] and revenue data conforming with sub First year Second year Third year section (f) of § 154.63 of the Commission [Docket No. RP65-50] regulations under the Natural Gas Act Annual (Mcf)___ 224,000 23,800 264,200 (except statements N and P ). The data Peak day (Mcf)_ 892 990 1,090 NATURAL GAS PIPELINE COMPANY shall utilize calendar year 1964 adjusted OF AMERICA for changes in revenues and costs which Total estimated cost of Applicant’s are known and are measurable with proposed construction is stated to be Order Instituting Investigation and reasonable accuracy at the time of filing $424,496, and will be financed by the is Requiring Reporting of Cost and and which will become effective within suance of Series “C” bonds to the Massa Revenue Data 9 months after the base period. The chusetts Mutual Life Insurance Co. April 2,1965. 12 months base period shall be adjusted Protests or petitions to intervene may Natural Gas Pipeline Co. of America to eliminate nonrecurring items (except be filed with the Federal Power Commis (Natural) is engaged in the transporta minor amounts so specified), but this sion, Washington, D.C., 20426, in accord tion of natural gas in interstate com shall not preclude Natural from includ ance with the rules of practice and pro merce and in the sale for resale of nat ing items clearly designated as such, cedure (18 CFR 1.8 or 1.10) on or before ural gas in interstate commerce for which, on the basis of existing facts, de April 30,1965. ultimate distribution to the public, and tailed in the report, it can show will be Gordon M. G rant, therefore is a natural gas company with experienced or from including an appro Acting Secretary. in the Natural Gas Act. priate normalizing adjustment, in lieu of a specified nonrecurring item. Working [F.R. Doc. 65-3620; Filed, Apr. 7, 1965; On the basis of data available to the 8:46 a.m.] Commission, it appears that the rates, papers prepared in conjunction with the charges, or classifications demanded, cost and revenue data shall be included observed, charged, or collected in con in the report submitted and all state [Docket No. G—5965 etc.] nection with the sales or transportation ments, schedules and working papers shall be prepared in accordance with the HAYS OIL & GAS CO. ET AL. of natural gas by Natural, subject to the jurisdiction of the Commission, and the classifications provided in the Uniform Findings and Order; Correction rules, regulations, practices, and con System of Accounts. All adjustments and estimates shall be explained and the March 26,1965. tracts relating thereto, may be unjust, unreasonable, unduly discriminatory or bases and procedures used in the dep In the Findings and Order After Stat preferential. rivation thereof shall be submitted in utory Hearing Issuing Certificates of The company itself is most familiar detail to permit ready analysis and veri Public Convenience and Necessity, with its books and records. It is appro fication thereof. Ten sets of the cost Amending Certificates, Permitting and priate, therefore, that Natural prepare and revenue data shall be served upon Approving Abandonment of Service, and submit a report of its cost and reve the Commission, and Natural shall Terminating Certificates, Substituting nue data for calendar year 1964, as here simultaneously serve copies of such data Respondent, Making Successors Co-Re inafter prescribed. It is not intended upon all of its jurisdictional customers spondents, Redesignating Proceedings, and the State commission of each State Requiring Filing of Certain Agreements that the submittal of cost and revenue in which it does business. and Undertakings and Accepting Cer data by the company will be a substitute (C) Further orders in this proceeding tain Agreements and Undertakings for for the investigative responsibility of the will specify the dates for any formal Filing, Accepting Related Rate Sched staff nor will it preclude staff examina hearing under section 5 of the Natural ules and Supplements for Filing and tion of the books or records of the com Gas Act which the Commission on fur Permitting Withdrawal of Intervention, pany to the extent deemed necessary. ther consideration of the matter deems issued March 15, 1965, and published in The Commission finds : appropriate and will provide an oppor- Thursday, April 8, 1965 FEDERAL REGISTER 4565 tunity for intervention in such hearing In support of its proposal Ohio Fuel charges, classifications, and services, and by interested parties. claims that a customer purchasing part that the above-designated tariff sheets By the Commission. of its requirements from another source be suspended and the use thereof de will cut back on its purchases from Ohio ferred as hereinafter ordered. [seal] Gordon M. G rant, Fuel during off peak periods in order to (2) It is necessary and proper in the Acting Secretary. meet the high load factor requirements public interest and to aid in the enforce [P.B. Doc. 65-3623; Piled, Apr. 7, 1965; of the other supplier. It is claimed that ment of the provisions of the Natural Gas 8:46 a.m.] this diversion of load will result in a Act, that the proposed tariff changes be shifting of fixed capacity costs from the made effective as hereinafter provided partial requirements customer to Ohio and that Ohio Fuel be required to file [Docket No. RP65—45 etc.] . Fuel’s remaining customers in disregard a motion and an undertaking as here OHIO FUEL GAS CO. ET AL. of the fact that Ohio Fuel installed fa inafter ordered and conditioned. cilities and made long-term commit The Commission orders : Order Providing for Hearing, Sus ments in order to meet the requirements (A) Pursuant to the authority of the pending Proposed Revised Tariff of its customers. The purpose of the Natural Gas Act, particularly sections 4 Sheets, Allowing Proposed Revised proposed PR Schedules is to provide a and 15 thereof, the Commission’s rules of Tariff Sheets To Become Effective minimum commodity bill to partial re practice and procedure, and the regula quirements customers at a level consist tions under the Natural Gas Act (18 CFR Subject to Refund Obligation and ent with the load factor requirements Ch. I), a public hearing be held upon a Consolidating Proceedings which Ohio Fuel has been certificated to date to be fixed by notice from the Pre April 1,1965. supply such customer. siding Examiner, as hereinafter pro The proposed changes in rates, charges, vided, concerning the lawfulness of the The Ohio Fuel Gas Co., Docket No. classifications or services provided for in rates, charges, classifications, and serv RP65-45; Atlantic Seaboard Corp., the tariff sheets tendered by Ohio Fuel ices contained in Ohio Fuel’s FPC Gas Docket No. G-16401; Home Gas Co., on March 1,1965 have not been shown to Tariff, Third Revised Volume No. 1, as Docket No. G-16402; Kentucky Gas be justified and may be unjust, unreason proposed to be amended by the above- Transmission Corp., Docket No. G-16403; able, unduly discriminatory, or preferen mentioned revised tariff sheets. The Manufacturers Light and Heat Co., tial, or otherwise unlawful. They should (B) Pending such hearing and deci Docket No. 0-16404. therefore be suspended and hearing held sion thereon, Ohio Fuel's proposed re The Ohio Fuel Gas Co. (Ohio Fuel) , thereon as hereinafter ordered; vised tariff sheets identified above hereby an affiliate of the Columbia Gas System, Ohio Fuel’s filing is identical to the are suspended and their use deferred on March 1,1965, tendered for filing cer PR Schedules proposed by its Columbia until April 2, 1965: Provided, however, tain tariff sheets1 comprising its pro affiliates Atlantic Seaboard Corp., Home posed CDS-l-PR and CDS-1A—PR (Con That within 20 days from the date of this Gas Co., Kentucky Gas Transmission order, Ohio Fuel shall file a motion as tract Demand-Partial Requirements) Corp. and the Manufacturers Light and Rate Schedules and related tariff changes required by section 4(e) of the Natural Heat Co. on which hearing was held in Gas Act and concurrently execute and to its FPC Gas Tariff, Third Revised Docket No. G-16401, et al. Those sched file with the Secretary of the Commission Volume No. 1 to become effective April 1, ules were modified and revised PR 1965. The proposed CDS-l-PR and the agreement and undertaking de Schedules ordered in Commission Opin scribed in (D) below, unless Ohio Fuel is CDS-1A-PR Schedules contain a mini ion No. 368, 28 FPC 860, That opinion mum monthly and annual commodity advised to the contrary within 15 days was set aside and remanded by the D.C. after filing such agreement and under charge which would apply to both pres Court of Appeals in Lynchburg Gas Co. ent and future customers which pur taking the agreement and undertaking v. FPC, 336 F. 2d 942. By order of Janu shall be deemed to have been accepted. chase part of their gas requirements from ary 28, 1965, the Commission reopened other sources (than Ohio Fuel. The (C) Ohio Fuel shall refund at such term “Other Sources”, as defined in the Docket No. G-16401, et al., provided for times and in such amounts to persons further hearing therein, and reinstated entitled thereto, and in such manner as tariff is not intended to include affiliates the originally filed PR Schedules as le of the Columbia System, temporary may be required by final order of the gally effective rate schedules, subject to Commission, the portion of rates and emergency suppliers, peak day suppliers refund. Since Ohio Fuel’s proposed PR if takes from Ohio Fuel are not cut back, charges found by the Commission in this Schedules are identical to those involved proceeding not justified, together with suppliers of boiler fuel gas, or gas pro in Docket No. G-16401, et al., it appears duced from local gas fields. The pro interest thereon at the rate of 7 percent appropriate and in the public interest to per annum from the date of payment to posed schedules contain the same consolidate for hearing Docket No, RP65- monthly demand and commodity rates Ohio Fuel until refunded; shall bear all contained in Ohio Fuel’s CDS-1 and 45 with the proceedings in Docket No. costs of any such refunding; shall keep CDS-IA Rate Schedules. The proposed G-16401, et al., and we shall so order. accurate accounts in detail of all minimum bill, however, is expanded to In view of the consolidation we are amounts received by reason of the tariff include minimum monthly and annual ordering herein and the present posture sheets made effective as of April 2, 1965, of the proceedings in Docket No. for each billing period, specifying by commodity charges in addition to a G-16401, et al. it will be necessary to monthly demand charge, in comparison whom and in whose behalf such amounts to a minimum bill comprised only of the provide Ohio Fuel an opportunity to were paid, and shall report (original and demand charge in Ohio Fuel’s CDS Rate serve proposed evidence in the consoli four copies) in writing and under oath, to Schedules applicable to full-requirements dated proceedings and to revise the pres the Commission monthly, for each billing customers. ently scheduled procedure in Docket No. period and for each purchaser, the bill Ohio Fuel states that one of its larger G-16401, et al., so as to allow the Staff ing determinants of natural gas sales to Purchasers under its CDS-1 Rate Sched and interveners in that docket and any such purchasers, and the revenues result ule, the Cincinnati Gas and Electric Co., additional interveners in Docket No. ing therefrom as computed under the RP65-45, to serve proposed evidence in tariff sheets in effect immediately prior intends to begin purchasing gas from an the consolidated proceedings and to post other source in the near future, which to April 2, 1965, and under the tariff pone the presently scheduled date for sheets herein allowed to become effective, it is claimed will result in an annual loss the prehearing conference in Docket No. together with the differences in the rev of revenues to Ohio Fuel of approxi G-16401, et al. in order to provide for enues so computed. j. mately $525,000 on the basis of its latest prehearing conference in the consoli (D) As a condition of this order, Ohio filed rates. dated proceedings. Fuel shall execute and file in triplicate The Commission further finds: with the Secretary of this Commission, thr™Of Original Sheets Nos. 16 (1) It is necessary and proper in the its written agreement and undertaking to 17 through 17E, 41 A, 53A, 56, public interest, and to aid in the enforce comply with the terms of Paragraph (C) an’rt ^o Pirst Revised Sheets Nos. 40, 41, na 53; Second Revised Sheets Nos. 1, 11, ment of the provisions of the Natural Gas hereof, signed by a responsible officer of EicrhtH t nd. 65’ Thir<1 Revised Sheet No. 6; Act, that the Commissioner enter upon the corporation, evidenced by proper au ReviRBH ovVls5d Sheet No. 24 and Ninteenth a hearing concerning the lawfulness of thority from the Board of Directors, and revised Sheet No. 22. Ohio Fuel’s proposed changes in rates. accompanied by a cërtificate showing 4566 NOTICES service of copies thereof upon all pur [Docket No. E—7214] Woolrich will be provided by a public chasers under the tariff sheet involved as PENNSYLVANIA POWER & LIGHT CO. utility company and Applicant believes follows: that supply of essential electric service Agreement and Undertaking of the Ohio Notice of Application by a public utility of its size and com petence, fully aware of its legal obliga Fuel Gas Co. to comply with the Terms and April Conditions of Paragraph (C) of Federal 1,1965. tions to provide present and future Power Commission’s Order Issu ed ______Take notice that on March 22, 1965, service on a adequate, continuous, safe 1965, in Docket N o .____ an application was filed with the Federal and economic basis, is in the interest of In conformity with the requirements of Power Commission, pursuant to section customers and the public generally. the order issued______1965, in Docket 283 of the Federal Power Act by Penn Any person desiring to be heard or N o.___ the Ohio Fuel Gas Co. hereby agrees sylvania Power & Light Co. (Applicant), and undertakes to comply with the terms to make any protest with reference to and conditions of Paragraph (C) of said or seeking an order authorizing thé ac said application should on or before der, and has caused this agreement and quisition of certain electric facilities of April 23, 1965, file with the Federal undertaking to be executed and sealed in the Woolrich Woolen Mills (Woolrich), Power Commission, Washington, D.C., its name by its officers, thereupon duly au and to consolidate and merge such fa 20426, petitions or protests in accord thorized in accordance with the terms of the cilities with those of the Applicant. ance with the requirements of the Com resolution of its Board of Directors, a certi Applicant is incorporated under the mission’s rules of practice and procedure fied copy of which is appended hereto laws of the Commonwealth of Pennsyl (18 CFR 1.8 or 1.10). The application is t h is ___ day of ______1965. vania with its principal business office at on file and available for public inspec T h e O h io F u el G as Company Allentbwn, Pa. Applicant is engaged tion. By principally in the generation, transmis G ordon M. Grant, (President) sion, distribution, and sale of electric Attest: Acting Secretary. energy serving a 10,000 square-mile- [F.R. Doc. 65-3625; Filed, Apr. 7, 1965; (Secretary) territory which embraces 20 counties, in 8:46 a.m.] cluding Clinton County, in central east (E) If Ohio Fuel shall, in conformity ern Pennsylvania, which has a popula with the terms and conditions of its tion of approximately 2,265,000. [Docket No. RI65-38 etc.] agreement and undertaking, make the Woolrich is a corporation organized refunds as may be required by order of under the laws of the Commonwealth of SINCLAIR OIL & GAS CO. ET AL. the Commission in this proceeding, the Pennsylvania, engaged in the manufac Order Providing for Hearings on and undertaking shall be discharged, other ture of woolen products in Clinton Suspension of Proposed Changes wise it shall remain in full force and County, Pa. It supplies its own elec effect. tricity for its operations and by an in Rates; Correction (F) Pursuant to § 1.20(b) of the Com extension of its lines, has supplied the March 19,1965. mission’s rules of practice and proce residences of the adjacent village, which In the Order Providing for Hearings on dure, the proceedings in Docket No. G- at one time was inhabited chiefly by and Suspension of Proposed Changes in 16401, et al. and Docket No. RP65-45 be "mill” people. and they hereby are consolidated for the Rates, issued July 29,1964, and published The facilities to be acquired consti in the F ederal R egister August 12,1964 purpose of hearing on all matters at issue tute a grounded neutral overhead elec (FR. Doc. 64-7984; 29 FR. 11542), in therein. tric distribution system of both single sert Footnote20 after Docket No. RI65- (G) Ohio Fuel shall serve its proposed and three-phase facilities. This system 43, Socony Mobil Oil Co. (Operator), testimony and exhibits constituting its now provides service to about 189 r e s i Rate Schedule No. 26, Supplement No. direct case upon all parties to the con dential and 13 small commercial con 12. solidated proceedings on or before April sumers. Most of these facilities are Add a new footnote to read as follows: 12, 1965. located upon private lands of Woolrich (H) The Commission staff shall serve 30 Not applicable to acreage added by Sup and are presently used to supply elec plement No. 10 (conditioned temporary cer its proposed testimony and exhibits upon tricity to the aforementioned consumers tificate prohibits a change in rate). all parties on or before April 19, 1965. and for street lighting in the village by (I) The interveners proposing to pre Woolrich. The facilities to be acquired J oseph H. G utride, sent evidence shall serve their proposed comprise all of the electric facilities of Secretary. testimony and exhibits upon all parties Woolrich not directly associated with the [FJt. Doc. 66-3626; Filed, Apr. 7, 1965; on or before May 3, 1965. mill operation. The consideration for 8:46 a.m.] (J) The prehearing conference sched the proposed acquisition is $140,000, uled for April 27, 1965, in Docket No. which Applicant represents was arrived G-16401, et al. is postponed and hereby at by arms length negotiation. [Docket Nos. RI65-538, RI65-539] is scheduled in the consolidated proceed Upon acquisition, Applicant proposes UNION TEXAS PETROLEUM ET AL. ings herein for May 11, 1965. to tie this system directly to its own (K) Notices of intervention and peti power sources and supply all consumers Order Shortening Suspension Period tions to intervene may be filed with the as Applicant’s customers. Applicant April 1,1965. Federal Power Commission, Washington, states that this will result in decreases D.C., 20426, in accordance with the Com By order issued March 11, 1965, in in bills for residential electric service. Docket Nos. RI65-538 and RI65-539, pro mission’s rules of practice and procedure, Applicant also states that it will supply §§ 1.8 and 1.37(f) (18 CFR 1.8 and 1.37 posed increased rates from 18.0
4. Decline loan applications in the 3. To decline business and disaster cases within the meaning of the Small categories described in Item I.C. 3.b., loans of any amount Business Size Standards Regulations, as above. 4. Items I.C. 7. through 11. amended, and further, to make product 5. To decline business and disaster 5. Item LG. 13.—only the authority classification decisions for financial as loans of any amount. for servicing, administration, and collec sistance purposes only. Product classi 6. To disburse unsecured disaster tion, including subitems a. and b. fication decisions for procurement pur loans. 6. Item I.A. (Size Determinations for poses are made by contracting officers. 7. To enter into business and disaster Financial Assistance only.) B. Eligibility determinations (Dele loan participation agreements with 7. Item LB. (Eligibility Determinations gated to the positions as indicated be banks. for Financial Assistance only.) low) . To determine eligibility of appli 8. To execute loan authorizations for E. Chief, Loan Liquidation Section. cants for assistance under any program Washington-approved loans and loans Item I.C. 13.—only the authority for of the Agency .in accordance with Small approved under delegated authority, said liquidation, including collateral pur Business Administration standards and execution to read as follows: chased, and subitems a. and b. policies. (Name), Administrator F. [Reserved] C. Chief, Financial Assistance Divi B y ...... — ------G. [Reserved] sion (and Assistant Chief, if assigned). (Name) H. [Reserved] 1. Item I.A. (Size Determinations for (Title of person signing) I. Regional Counsel. To disburse ap Financial Assistance only.) 9. To cancel, reinstate, modify and proved loans. 2. Item I.B. (Eligibility Determina amend authorizations for business or J. Administrative Assistant. 1. To tions for Financial Assistance only.) disaster loans. purchase reproductions of loan docu 3. To approve the following: 10. To extend the disbursement period ments, chargeable to the revolving fund, a. Direct loans not exceeding $100,000. on all loan authorizations or undisbursed requested by United States Attorney in b. Participation loans not exceeding portions of loans. foreclosure cases. $250,000. (SBA share.) 11. To approve, when requested, in ad 2. To (a) purchase all office supplies c. Simplified bank participation loans vance of disbursement, conformed copies and expendable equipment, including all not exceeding $350,000. (SBA share.) of notes and other closing documents; desk-top items, and regular office equip / d. Simplified early maturities partici and certify to the participating bank ment; (b) contract for repair and main pation loans not exceeding $350,000. that such documents are in compliance tenance of equipment and furnishing; (SBA share.) with the participation authorization. (c) contract for services required in set e. Direct disaster loans not exceeding 12. To approve service charges by par ting up and dismantling and moving $350,000. ticipating bank not to exceed 2 percent SBA exhibits and (d) issue Government f. Participation disaster loans not ex per annum on the outstanding balance bills of lading. ceeding $350,000. (SBA share.) on construction loans and loans involv 3. In connection with the establish 4. To decline as follows: ing accounts receivable and inventory ment of Disaster Loan Offices to (a) a. Business loans not exceeding $250,- financing. obligate Small Business Administration 000. (SBA share.) 13. To take all necessary actions in to reimburse General Services Adminis b. Disaster loans not exceeding $350,- connection with the administration, tration for the rental of office space; (b) 000. (SBA share.) servicing, collection and liquidation of rent office equipment; and (c) procure 5. To disburse unsecured disaster all loans and other obligations or assets, (without dollar limitation) emergency loans. including collateral purchased; and to supplies and materials. 6. To enter into business and disaster do and to perform and to assent to the 4. To rent motor vehicles from the loan participation agreements with doing and performance of, all and every General Services Administration and to banks. act and thing requisite and proper to rent garage space for the storage of such 7. To execute loan authorizations for effectuate the granted powers, includ vehicles when not furnished by this Washington approved loans and for loans ing without limiting the generality of Administration. approved under delegated authority, said the foregoing: n. The authority delegated herein execution to read as follows: a. The assignment, endorsement, cannot be redelegated. Name, Administrator transfer and delivery (but in all cases III. The authority delegated herein to B y ------_____ without representation, recourse or war a specific position may be exercised by (Name) ranty) of notes, claims, bonds, deben any SBA employee designated as Acting (Title of person signing) tures, mortgages, deeds of trust, con in that position. 8. To cancel, reinstate, modify and tracts, patents and applications therefor? IV. All previously delegated authority amend authorizations for business or dis licenses, certificates of stock and of de is hereby rescinded without prejudice aster loans.' posit, and any other liens, powers, rights, to actions taken under such Delegations 9. To extend the disbursement period charges on and interest in or to property of Authority prior to the date hereof. on all loan authorizations or undisbursed of any kind, legal and equitable, now or Effective date: February 1, 1965. portions of loans. hereafter held by the Small Business Ad 10. To approve, when requested, in ad ministration or its Administrator; E d w in J e n iso n , vance of disbursement, conformed copies b. The execution and delivery of con Acting Regional Director, of notes and other closing documents; tracts of sale or of lease or sublease, Sioux Falls, S. Dak. and certify to the participating bank quit-claim, bargain and sale or special [F.R. Doc. 65-3603; Filed, Apr. 7, 1965; that such documents are in compliance warranty deeds, bills of sale, leases, sub 8:45 a.m.] with the participation authorization. leases, assignments, subordinations, re 11. To approve service charges by par leases (in whole or in part) of liens, sat [Delegation of Authority 30] ticipating bank not to exceed 2 percent isfaction pieces, affidavits, proofs of per annum on the outstanding balance on claim in bankruptcy or other estates and CONCORD, N.H. construction loans involving accounts re such other instruments in writing as may Delegation of Authority To Conduct ceivable and inventory financing. be appropriate and necessary to effectu 12. To take all necessary actions in ate the foregoing. Program Activities in Regional Area connection with the administration, c. The approval of bank applications I. Pursuant to the authority delegatedservicing, and collection of all loans and for use of liquidity privilege under the to the Regional Director by Delegation other obligations or assets; and to do and loan guaranty plan. of Authority No. 30—Boston, 30 F.R. perform and to assent to the doing and D. Chief, Loan Processing and Admin performance of, all and every act and 3251, the following authority is hereby thing requisite and proper to effectuate istration Section. 1. To approve amend redelegated to the specific positions as the granted powers, including without ments and modifications of loan condi indicated herein: limiting the generality of the foregoing: tions for loans that have been fully dis A. Size determinations (Delegated to a. The assignment, endorsement, bursed. the positions as indicated below). To transfer and delivery (but in all cases 2. Items I.C. 3. and 4. make initial size determinations in all without representation, recourse or war- No. 67----- 7 4570 NOTICES ranty) of notes, claims, bonds, deben IV. All previously delegated authoritycontaminating to other lading), between tures, mortgages, deeds of trust, con is hereby rescinded without prejudice to Memphis, Tenn., and Oklahoma City tracts, patents and applications there actions taken under such delegations of Okla.: from Memphis over U.S. Highway for, licenses, certificates of stock and Authority prior to the date hereof. 70 to Little Rock, Ark., thence over U.S. of deposit, and any other liens, powers, Effective date: February 1,1965. Highway 65 to junction U.S. Highway 64 rights, charges on and interest in or to thence over U.S. Highway 64 to junction property of any kind, legal and equitable, J osaphat T . B enoit, U.S. Highway 266, thence over U.S. High now or hereafter held by the Small Busi Regional Director, Concord, N.H. way 266 to junction U.S. Highway 62, ness Administration or its Administrator; [F.R. Doc. 65-3604; Filed, Apr. 7, 1965; thence over U.S. Highway 62 to Okla b. The execution and delivery of con 8:45 a.m.] homa City, Okla., serving no intermediate tracts of sales or of lease or sublease, points, but serving Oklahoma City for quitclaim, bargain and sale or special purpose of joinder only, as an alternate warranty deeds, bills of sale, leases, sub route for operating convenience only in leases, assignments, subordinations, re INTERSTATE COMMERCE connection with applicant’s presently au leases (in whole or in part) of liens, satis thorized regular route operations between faction pieces, affidavits, proofs of claim Memphis, Tenn., and Denver, Colo. in bankruptcy or other estates and such COMMISSION [Notice 754] Note: If a hearing is deemed necessary, other instruments in writing as may be applicant requests it be held at Dallas, Tex! appropriate and necessary to effectuate MOTOR CARRIER, BROKER, WATER the foregoing. CARRIER, AND FREIGHT FOR No. MC 2392 (Sub-No. 37), filed March D. Chief, Loan Processing and Admin 22, 1965. Applicant: WHEELER istration Section. 1. To approve amend WARDER APPLICATIONS TRANSPORT SERVICE, INC., Box 432, ments and modifications of loan condi April 2, 1965. Genoa, Nebr. Applicant’s attorney; tions for loans that have been fully dis The following applications are gov R. E. Powell, 100-06 Terminal Building, bursed. erned by Special Rule 1.2471 of the Com Lincoln, Nebr. Authority sought to op 2. Items I.C. 3. and 4. mission’s general rules of practice (49 erate as a common carrier, by motor 3. Items I.C. 6. through 10. CFR 1.247), published in the F ederal vehicle, over irregular routes, transport 4. Item I.C. 12.—only the authority for R egister; issue of December 3, 1963, ef ing: Dry fertilizer and urea, in bulk and servicing, administration, and collection, fective January 1, 1964. These rules in bags, from Nebraska City, Nebr., to including subitems a. and b. provide, among other things, that a pro points in Iowa, Kansas, Minnesota, Mis 5. Item I.A. (Size Determinations for test to the granting of an application souri, North Dakota, and South Dakota, Financial Assistance only.) must be filed with the Commission with and damaged and rejected shipments of 6. Item I.B. (Eligibility Determinations in 30 days after date of notice of filing the above commodities, on return. for Financial Assistance only.) of the application is published in the Note: If a hearing is deemed necessary, E. [Reserved! F ederal R egister. Failure seasonably applicant requests it be held at Omaha, Nebr. F. [Reserved] to file a protest will be construed as a G. [Reserved] No. MC 3114 (Sub-No. 25), filed March waiver of opposition and participation 17, 1965. Applicant: T. H. COMPTON, H. Chief, Procurement and Manage in the proceeding. A protest under these ment Assistance Division. 1. Item I.A. rules should comply with § 1.40 of the INC., Great Cacapon, W. Va. Appli (Size Determinations on PMA Activities general rules of practice which requires cant’s attorney: William P. Sullivan, only.) that it set forth specifically the grounds 1825 Jefferson Place NW., Washington, 2. Item I.B. (Eligibility Determinations upon which it is made and specify with D.C., 20036. Authority sought to oper on PMA Activities only.) particularity the facts, matters, and ate as a common carrier, by motor ve I. Reserved. things relied upon, but shall not include hicle, over irregular routes, transport J. Administrative Assistant, 1. To (a) issues or allegations phrased generally. ing: Coal, in bulk, between points in make emergency purchases chargeable Protests not in reasonable compliance Morgan County, W. Va., on the one hand, to the administrative expense fund, not with the requirements of the rules may and, on the other, points in Maryland in excess of $25 in any one object class in be rejected. The original and six (6) and West Virginia. any one instance but not more than $50 copies of the protest shall be filed with Note: If a hearing is deemed necessary, in any one month for total purchases in the Commission, and a copy shall be applicant requests it be held at Washington, all object classes; (b) make purchases served concurrently upon applicant’s D.C. not in excess of $10 in any one instance representative, or applicant if no repre No. MC 3582 (Sub-No. 5), filed March for “one-time use items” not carried in sentative is named. If the protest in 17, 1965. Applicant: CARDINALE stock subject to the total limitations set cludes a request for oral hearing, such TRUCKING CORPORATION, Mt. Pleas forth in (a) of this paragraph; (c) to request shall meet the requirements of ant Avenue, Whippany, N.J. Applicant’s contract for the repair and maintenance § 1.247(d) (4) of the special rule. Subse attorney: Harris J. Klein, 280 Broadway, of equipment and furnishings in an quent assignment of these proceedings New York, N.Y. Authority sought to amount not to exceed $25 in any one for oral hearing, if any, will be by Com operate as a contract carrier, by motor instance; and (d) purchase printing mission order which will be served on vehicle, over irregular routes, transport from the General Services Administra each party of record. ing: (1) Plastic articles (other than ex tion where centralized reproduction No. MC 2229 (Sub-No. 128), filed panded), including plastic dishes, and facilities have been established by GSA. March 29, 1965. Applicant: RED BALL plastic cups (other than expanded), (2) 2. In connection with the establish MOTOR FREIGHT, INC., 3177 Irving plastic articles, cellular, including plas ment of Disaster Loan Offices, to (a) Boulevard, Post Office Box 10837, Dallas, tic cups, cellular, and (3) caps, covers, obligate Small Business Administration Tex., 75207, Applicant’s .attorneys: ends, hands, rings, and tops (other than to reimburse General Services Adminis Jerry Prestridge, 12th Floor (Capital Na formed from sheet-plastic or plastic tration for rental of office space; (b) rent tional Bank Building,, Austin, Tex., and film), from Centreville, Holmdel Town office equipment; (c) procure (without Charles D. Mathews (same address as ship, Monmouth County, N.J., to Wash dollar limitation) emergency supplies applicant). Authority sought to op ington, D.C., Baltimore, Md., and points and materials. erate as a common carrier, by motor in Massachusetts, Rhode Island, Con 3. To rent motor vehicles from the vehicle, over regular routes, transport necticut, those in that part of New York, General Services Administration and to ing: General commodities, (except those south and east of a line beginning at rent garage space for the storage of such of unusual value, Classes A and B ex Granville, N.Y., and extending along vehicles when not furnished by this Ad plosives, livestock, household goods as New York Highway 149, to Hartford, ministration. defined by the Commission, commodi N.Y:, thence along New York Highway II. The authority delegated herein ties in bulk, commodities requiring spe 196, through South Hartford to Hud cannot be redelegated. cial equipment and those injurious or son Falls, N.Y., thence along New York III. The 'authority delegated herein to 1 Copies of Special Rule 1.247 can be Highway 32B to Glen Falls, N.Y.-, thence a specific position may oe exercised by obtained by writing to the Secretary, Inter along U.S. Highway 9 to Saratoga any SBA employee designated as Acting state Commerce Commission, Washington, Springs, N.Y., thence along New York in that position. D.C., 20423. Highway 50, to Ballston Spa, N.Y., Thursday, April 8, 1965 FEDERAL REGISTER 4571 thence along New York Highway 67, to INC., 408 South 12th Avenue, Marshall town, Iowa. Authority sought to operate Amsterdam, N.Y., thence along New town, Iowa. Authority sought to operate as a common carrier, by motor vehicle, York Highway 5 to Chittenango, N.Y„ as a common carrier, by motor vehicle, over irregular routes, transporting: thence along New York Highway 13, to over irregular routes, transporting: Meats, meat products, meat byproducts Horseheads, N.Y., thence along New Meats, meat products, meat byproducts and articles distributed by meat packing York Highway 14, to the New York- and articles distributed by meat packing houses as described in Appendix I to the Pennsylvania State line, and points in houses as described in Appendix I to the report in Descriptions in Motor Carrier that part of Pennsylvania on, south and report in Descriptions in Motor Carrier Certificates, 61 M.C.C. 209 and 766 (ex Certificates, 61 M.C.C. 209 and 766 (ex cept commodities in bulk, in tank vehi east of a line beginning at the Delaware cles), from Lexington, Nebr. and points River opposite Hancock, N.Y., and ex cept commodities in bulk in tank ve hicles) , from Sioux City, Iowa to points within 5 miles thereof, to points in Colo tending along Pennsylvania Highway rado, Kansas, Missouri, Iowa, Minnesota, 570, to Thompson, Pa., thence along in Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Indiana, Wisconsin, Illinois, Indiana; Kentucky, Pennsylvania Highway 70, to Carbon- Ohio, Pennsylvania, New York, Vermont, dale, Pa., thence along U.S. Highway 6, Kansas, Maine, Maryland, Massachu to Scranton, Pa., thence along U.S. High setts, Michigan, Minnesota, Missouri, Connecticut, Rhode Island* Massachu way 11, to the Pennsylvania-Maryland New Hampshire, New Jersey, New York, setts, New Hampshire, Maine, Delaware, Ohio, Oklahoma, Pennsylvania, Rhode the District of Columbia, Virginia, State line, and those in that part of Maryland, West Virginia, New Jersey, Delaware on and north of U.S. Highway Island, Nebraska, Vermont, West Vir ginia, Virginia, Wisconsin, and Kentucky.^ Tennessee, Alabama, North Carolina, 40. South Carolina, Florida, and Georgia. Note: If a hearing is deemed necessary, Note: If a hearing is deemed necessary, applicant requests it be held at New York, applicant requests it be held at Des Moines, Note: If a hearing is deemed necessary, Iowa or Omaha, Nebr. applicant requests it be held at Omaha, N.Y. Nebr. No. MC 13087 (Sub-No. 27), filed No. MC 21170 (Sub-No. 66), filed March 19, 1965. Applicant: STOCK- March 19,1965. Applicant: BOS LINES, No. MC 30837 (Sub-No. 308), filed BERGER TRANSFER & STORAGE, INC., 408 South 12th Avenue, Marshall March 17, 1965. Applicant: KENOSHA INC., 524 Second Street SW., Mason City, town, Iowa. Authority sought to operate AUTO TRANSPORT CORPORATION, Iowa. Applicant’s representative: Wil as a common carrier, by motor vehicle, 4519 76th Street, Kenosha, Wis. Ap liam A. Landau, 1307 East Walnut, Des over irregular routes, transporting: plicant’s attorney: Paul F. Sullivan, Moines 16, Iowa. Authority sought to Meats, meat products, meat byproducts, 910 i7th Street NW., Washington, D.C., operate as a common carrier, by motor and articles distributed by meat packing 20306. Authority sought to operate as a vehicle, over irregular routes, transport houses, as described in Appendix I to common carrier, by motor vehicle, over ing: Meat, meat products, meat byprod the report in Descriptions in Motor Car irregular routes, transporting: Ambu ucts, dairy products, and articles dis rier Certificates, 61 M.C.C. 209 and 766 lances, funeral cars, and coaches, in sec tributed by meat packinghouses, as de (except commodities in bulk, in tank ondary movements, in truckaway serv scribed in Sections A, B, and C of Ap vehicles), from Darr, Nebr., and points ice, from Cincinnati, Ohio, to points in pendix I to the report in Descriptions in within five (5) miles thereof, to points in the United States (except Alaska and Motor Carrier Certificates, 61 M.C.C. 209 Colorado, Kansas, Missouri, Iowa, Min Hawaii). and 766 (except hides and commodities nesota, Wisconsin, Illinois, Indiana, Note: The purpose of the subject applica in bulk, in tank vehicles) from points Kentucky, Ohio, Pennsylvania, New tion is to eliminate the Lima, Ohio gateway. in Wisconsin to points in Iowa, Kansas, York, Vermont, Connecticut, Rhode Is Applicant states it presently operates in the Nebraska, Ohio, and Missouri. land, Massachusetts, New Hampshire, transportation of motor vehicles throughout * Maine, Maryland, Delaware, District of the United States. The authority sought Note: If a hearing is deemed necessary, does in no way duplicate any of the present applicant requests it be held at Chicago, 111. Columbia, Virginia, West Virginia, New operating rights of applicant. Exception: Jersey, Tennessee, Alabama, North Caro Applicant in its Certificate MC 30837 has No. MC 14702 (Sub-No. 8), filed lina, South Carolina, Florida, Georgia, secondary truckaway authority between March 18,1965. Applicant: OHIO FAST and Michigan. points and places in Ohio and presently FREIGHT, INC., Post Office Box 808, serves the States of Connecticut, Delaware, Warren, Ohio, 44482. Authority sought Note: If a hearing is deemed necessary, Maine, Maryland, Massachusetts, New applicant requests it be held at Omaha, Hampshire, New Jersey, New York, Penn to operate as a common carrier, by motor Nebr. vehicle, over irregular routes, transport sylvania, Rhode Island, Vermont, Virginia, ing: Iron and steel and iron and steel No. MC 21170 (Sub-No. 67), filed West Virginia, and the District of Columbia March 19,1965. Applicant: BOS LINES, from Cincinnati, Ohio by routing its equip articles, between Pittsburgh, Donora, and ment over the Lima, Ohio gateway. If a Vandergrift, Pa., on the one hand, and, INC., 408 South 12th Avenue, Marshall hearing is deemed necessary, applicant re on the other, points in the Lower Penin town, Iowa. Authority sought to operate quests it be held at Washington, D.C. sula of Michigan, Indiana, Illinois, and as a common carrier, by motor vehicle, St. Louis, Mo. over irregular routes, transporting: No. MC 30844 (Sub-No. 174), filed Meats, meat products, meat byproducts March 17, 1965. Applicant: KROBLIN Note: If a hearing is deemed necessary, and articles distributed by meat packing REFRIGERATED XPRESS, INC., Post applicant requests it be held at Washington, D.C. houses as described in Appendix I to the Office Box 218, Sumner, Iowa. Appli report in Descriptions in Motor Carrier cant’s attorney: Truman A. Stockton, No. MC 19227 (Sub-No. 91), filed Certificates, 61 M.C.C. 209 and 766 (ex Jr., The 1650 Grant Street Building, March 8, 1965. Applicant: LEONARD cept commodities in bulk, in tank vehi Denver 3, Colo. Authority sought to BROS. TRANSFER, INC., 2595 North cles), from Minden, Nebr. and points operate as a common carrier, by motor west 20th Street, Miami, Fla. Authority within 5 miles thereof, to points in Colo vehicle, over irregular routes, transport sought to operate as a common carrier, by rado, Kansas, Missouri, Iowa, Minnesota, ing: Meats, meat products, meat by motor vehicle, over irregular routes, Wisconsin, Illinois, Indiana, Kentucky, products, and articles distributed by transporting: Commodities, which be Ohio, Pennsylvania, New York, Vermont, meat packinghouses, as described in Sec cause of size or weight require the use of Connecticut, Rhode Island, Massachu tions A and C to the report in Descrip special equipment and related parts mov setts, New Hampshire, Maine, Maryland, tions in Motor Carrier Certificates— ing in connection therewith, and articles, Delaware, the District of Columbia, Vir Packinghouse Products^ 61 M.C.C. 209 weighing 15,000 pounds or more, self- ginia, West Virginia, New Jersey, Ten and 766 (except hides and commodities propelled or not, and not requiring spe nessee, Alabama, North Carolina, South in bulk), from Postville, Iowa to points cial equipment, together with related Carolina, Florida, Georgia, and Mich in Connecticut, Maryland, Massachu machinery, tools, parts and supplies igan. setts, New Jersey, New York, Pennsyl vania, and the District of Columbia. moving in conjunction therewith, be Note: If a hearing is deemed necessary, tween points in Florida and California. applicant requests it be held at Omaha. Note: If a hearing is deemed necessary, Note: If a hearing is deemed necessary, Nebr. applicant requests it be held at Des Moines, Iowa. applicant requests it be held at Miami, Fla. No. MC 21170 (Sub-No. 68), filed No. MC 21170 (Sub-No. 65), filed March 19, 1965. Applicant: BOS LINES, No. MC 32430 (Sub-No. 6), filed March March 19,1965. Applicant: BOS LINES, INC., 408 South 12th Avenue, Marshall- 12, 1965. Applicant: FERGUSON 4572 NOTICES
TRANSFER COMPANY, a corporation, necessary, applicant requests it be held at No. MC 48958 (Sub-No. 75), filed 320 North Front Street, Coos Bay, Oreg. Washington, D.C. March 24, 1965. Applicant; ILLINOIS- Applicant’s attorney: George O. Tam- No. MC 42487 (Sub-No. 619), filed CALIFORNIA EXPRESS, INC., 510 East blyn, n r . , Public Service Building, Port March 16, 1965. Applicant: CONSOLI 51st Avenue, Denver, Colo. Applicant’s land, Oreg., 97204. Authority sought to DATED FREIGHTWAYS CORPORA attorney: David Axelrod, 39 South La operate as a common carrier, by motor TION OF DELAWARE, 175 Linfield Salle Street, Chicago 3, 111. Authority vehicle, over irregular routes, transport Drive, Menlo Park, Calif. Applicant’s sought to operate as a common carrier ing: Wood chips, (1) from points in attorney: Robert C. Stetson (same ad by motor vehicle, over regular routes’ Humboldt County, Calif, to Brookings, dress as applicant). Authority sought transporting: General commodities (ex Oreg. and (2) between points in Curry to operate as a common carrier, by motor cept those of unusual value, Classes A County, Oreg. vehicle, over irregular routes, transport and B explosives, commodities in bulk, Note : If a hearing is deemed necessary, ing: Liquid petroleum and petroleum commodities requiring special equipment! applicant requests it be held at Portland, products, in bulk, in tank vehicles, from and those injurious or contaminating to Oreg. Moses Lake and points within 5 miles other lading), serving Domingo, N. Mex., No. MC32528 (Sub-No. 31), filed March thereof, and Spokane, Wash., to points as an off-route point in connection with 18, 1965, Applicant: CECIL E. VALLEE, in Wasco, Sherman, Gilliam, Morrow, applicant’s authorized regular route op E. H. VALLEE, EFFIE VALLEE AL- Umatilla, Wallowa, Union, and Baker erations. BAUGH, AND HELEN VALLEE WITH Counties, Oreg. Note: If a hearing is deemed necessary, ERS, a partnership, doing business as Note: If a hearing is deemed necessary, applicant does not specify any particular UNION CITY TRANSFER, 1295 Railroad applicant requests it be held at Denver, Colo. area. Avenue, Beaumont, Tex. Applicant’s at No. MC 43654 (Sub-No. 62), filed No. MC 49567 (Sub-No. 6), filed March torney: John H. Benckenstein, 1350 Pe March 23, 1965. Applicant: DIXIE 10, 1965. Applicant: ROY R. GOLDEN troleum Building, Post Office Box 551, OHIO EXPRESS, INC., Post Office Box AND LEONARD E. GOLDEN, a partner Beaumont, Tex. Authority sought to 750, 237 Fountain Street, Akron 9, Ohio. ship, doing business as GOLDEN BROS., operate as a common carrier, by motor Applicant’s attorney: Robert H. Kinker, 224 East McClure Street, Kewanee, 111. vehicle, over irregular routes, transport 711 McClure Building, Frankfort, Ky., Applicant’s representative: George S. ing: Heavy and cumbersome commodi 40601. Authority sought to operate as Mullins, 4704 West Irving Park Road, ties which, because of size and weight, a common carrier, by motor vehicle, over Chicago, 111., 60641. Authority sought require the use of special equipment, be regular routes, transporting: General to operate as a contract carrier, by motor tween points in Louisiana, Mississippi, commodities (except those of unusual vehicle, over irregular routes, transport and Texas. value, Classes A and B explosives, house ing: Dust collectors, precipitators, in Note: If a hearing is deemed necessary, hold goods as defined by the Commission, cluding motors and parts thereof, for the applicant requests it be held at Houston, Tex. commodities in bulk and those requiring account of American Standard Industrial No. MC 35442 (Sub-No. 4), filed March special equipment) , (1) between Bir Division, Kewanee, HI., between Kewanee, 15, 1965. Applicant: W. CLARENCE mingham, Ala., and Baton Rouge La., 111., on the one hand, and, on the other, OWENS AND HALLETT W. OWENS, a from Birmingham over U.S. Highway 31 points in Illinois, Indiana, Iowa, Michi partnership, doing business as W. W. to Mobile (also from Birmingham over gan, Minnesota, Missouri, Nebraska, OWENS & SONS TRANSFER & STOR U.S. Highway 31 to Flomaton, Ala., Ohio, Pennsylvania, and Wisconsin. AGE, 501 Ward Street, Elizabeth City, thence over U.S. Highway 29 to Pensa Note: If a hearing is deemed necessary, N.C. Applicant’s attorney: Russell E. cola, Fla., thence over U.S. Highway 90 applicant requests it be held at Chicago, 111. Twiford, Carolina Building, Elizabeth to Mobile), thence over U.S. Highway 90 No. MC 50493 (Sub-No. 25), filed March City, N.C. Authority sought to operate to New Orleans, La., thence over U.S. 16, 1965. Applicant: P.C.M. TRUCK as a common carrier, by motor vehicle, Highway 61 to Baton Rouge, and return ING, INC., 1063 Main Street, Orefield, over irregular routes, transporting: (1) over the same route, serving all inter Pa. Applicant’s attorney: / Frank A. Castings and steel, from Elizabeth City, mediate points, and the off-route points Doocey, 506 Hamilton Street, Allentown, N.C. to Newark, N.J. and New York City, of Pace, Fla., and Geismar and Gram- Pa. Authority sought to operate as a N.Y., (2) scrap metal, tubes, iron, steel, mercy, La., and off-route points within common carrier, by motor vehicle, over and rags, from Elizabeth City, N.C. to 15 miles of Birmingham, Mobile, and irregular routes, transporting: Dical Richmond, Va., Washington, D.C., and Montgomery, Ala., Pensacola, Fla., and phosphate (feed grade), in bags, from Baltimore, Md., (3) iron and steel, from New Orleans and Baton Rouge, La., (2) Bartow, Fla., and points within five (5) Baltimore, Md., to Elizabeth City, N.C., between Birmingham, Ala., and New Or miles thereof to Orefield, Pa. (4) canned goods and bleaches, from leans, La., from Birmingham over U.S. Note: Applicant holds contract carrier Richmond, Va. to Elizabeth City, N.C., Highway 11 to New Orleans, and return authority in MC 115859 Sub 1, therefore, dual (5) malt beverages, from Baltimore, Md. over the same route, serving no inter operations may be involved. If a hearing is and Atlanta, Ga., to Elizabeth City, N.C., mediate points, but serving off-route deemed necessary, applicant requests it be (6) paper and paper products, from Bal points within 15 miles of Birmingham, held at Washington, D.C. Ala., and New Orleans, La. timore, Md. and Downingtown, Pa. to No. MC 52629 (Sub-No. 61), filed Elizabeth City, N.C., and (7) lumber, Note: Applicant states it will tack the March 22, 1965. Applicant: HUBER & above proposed authority with its existing veneer and lumber products, from Eliz authority. If a hearing is deemed necessary, HUBER MOTOR EXPRESS, INC., Post abeth City, N.C. to Emporia and Frank applicant requests it be held at Mobile, Ala., Office Box 1000, Staunton, Va. Appli lin, Va. or New Orleans, La. cant’s attorney: Francis W. M clnerny, 1000 Sixteenth Street NW., Washington, Note: If a hearing is deemed necessary, No. MC 44639 (Sub-No. 14), filed D.C. Authority sought to operate as a applicant requests it be held at Elizabeth March 16, 1965. Applicant; SAM City, N.C. common carrier, by motor vehicle, over MAITA, IRVING LEVIN, AND ABE regular routes, transporting: Foodstuffs No. MC 37926 (Sub-No. 16), filed LEVIN, a partnership, doing business as (except commodities in bulk), serving March 16, 1965.v Applicant: R. H. L. & M. EXPRESS CO., 220 Ridge Road, Champaign, 111., as an off-route poin t in WRIGHT, INC., Main Street, Greens Lyndhurst, N.J. Applicant’s attorney: connection with applicant’s authorized boro, Md. Applicant’s representative: Herman B. J, Weckstein, 1060 Broad regular route operations, between Peoria, Street, Newark 2, N.J. Authority sought 111., and Indianapolis. Ind. Donald E. Freeman, 172 East Green to operate as a common carrier, by motor Street, Westminster, Md. Authority Note: If a hearing is deemed necessary, vehicle, over irregular routes, transport applicant requests it be held at Washington, sought to operate as a common carrier, ing: (1) Wearing apparel on hangers, by motor vehicle, over irregular routes, from Lynchburg, Va., to New York, N.Y., D.C. transporting: Sugar, from Philadelphia, and (2) materials and supplies used in No. MC 52657 (Sub-No. 637), filed Pa., to Dover, Del. the manufacture of wearing apparel, March 12, 1965. Applicant: ARCO from New York, N.Y., to Lynchburg, Va. AUTO CARRIERS, INC., 2140 West 79tn Note: Applicant states it is presently au Street, Chicago, 111., 60620. Applicants thorized to perform the service herein sought. Note: If a hearing is deemed necessary, It only seeks to eliminate the gateway of applicant requests it be held at New York, attorney: G. W. Stephens, 121 West Doty Greensboro, Md. If a hearing is deemed N.Y. Street, Madison, Wis. Authority sough Thursday, April 8, 1965 FEDERAL REGISTER 4573 to operate as a common carrier, by motor Kansas City, and return over the same No. MC 61396 (Sub-No. 126), filed vehicle, over irregular routes, transport route, serving no intermediate points as March 17, 1965. Applicant: HERMAN ing: Materials, supplies, and parts, used an alternate route for operating conven BROS., INC., 2501 North 11th Street, in the manufacture, assembly, and serv ience only, in connection with appli Omaha, Nebr. Authority sought to op icing of bodies, cabs, hoists (including cant’s regular route operations, but serv erate as a common carrier, by motor ve powered gates), trailers, spreaders, con ing Kearney, Minden, and Franklin, hicle, over irregular routes, transporting: tainers, machine shop and lubrication Nebr., for the purpose of joinder only. Cement, from the plant site of River Cement Co., located at Memphis, Tenn., units and mixers, when moving in mixed N o t e : If a bearing is deemed necessary, loads with bodies, cabs, hoists (including applicant requests it be held at Denver, to points in Arkansas, Kentucky, Missis powered gates), trailers, spreaders, con Colo. sippi, Alabama, Tennessee, and points tainers, machine shop and lubrication in Missouri south of U.S. Highway 60, units and mixers, from Galion, Bucyrus, No. MC 52869 (Sub-No. 78), filed and returned and rejected shipments of Marion, Cardington, and Wapakoneta, March 18, 1965. Applicant: NORTH the commodity specified above, on ERN TANK LINE, a corporation, 5ll return. Ohio to points in the United States. Pleasant Street, Miles City, Mont. Ap Note: Applicant states it presently holds plicant’s attorney: Alan Foss, First N o t e : If a hearing is deemed necessary, authority under MC 52657, and subs thereto National Bank Building, Fargo, N. Dak., applicant requests it be held at Washington, to transport bodies, cabs, hoists (including D.C. . .. S' powered gates), trailers, spreaders, contain 58102. Authority sought to operate as ers, mixers, and machine shop and lubrica a common carrier, by motor vehicle, over No. MC 61396 (Sub-No. 127), filed tion units from the above origin points to irregular routes, transporting: Petro March 17, 1965. Applicant: HERMAN the above destination territory. Applicant leum and petroleum products, in bulk, in BROS., INC., 2501 North 11th Street, further states the purpose of this applica tank vehicles, from the plant site of the Omaha, Nebr. Applicant’s attorney: tion is to render a complete service, and no Kaneb Pipe Line Co.’s terminal located 'Donald L. Stern, 630 City National Bank duplication of authority is sought. If a at or near Jamestown, N. Dak., to points Building, Omaha, Nebr. Authority hearing is deemed necessary, applicant re in Montana, .Minnesota, North Dakota, sought to operate as a common carrier, quests it be held at Washington, D.C. and South Dakota. by motor vehicle, over irregular routes, No. MC 52657 (Sub-No. 638), filed N o t e : If a hearing is‘deemed necessary, transporting: Acids, chemicals, fer March 12, 1965. Applicant: ARCO applicant requests it be held at Pierre, S. tilizers, and fertilizer ingredients, from AUTO CARRIERS, INC., 2140 West 79th Dak., Bismarck, N. Dak., or Minneapolis, East Dubuque, 111., to points in Hlinois, Street, Chicago, 111., 60620. Applicant’s Minn. Indiana, Wisconsin, Iowa, Missouri, attorney: G. W. Stephens, 121 West Doty No, MC 55811 (Sub-No. 83), filed Kansas, Nebraska, South Dakota, and Street, Madison, Wis. Authority sought March 18, 1965. “Applicant: CRAIG Minnesota. to operate as a common carrier, by motor TRUCKING, INC., Albany, Ind. Appli N o t e : If a hearing is deemed necessary, vehicle, over irregular routes, transport cant’s attorney: Howell Ellis, Suite 616- applicant requests it be held at Chicago, 111. ing: (1) Bodies, cabs, hoists, lift gates, 618, 111 Monument Circle, Indianapolis trailers, spreaders, and containers (ex No. MC 61396^ (Sub-No. 128), filed 4, Ind. Authority sought to operate as March 17, 1965.*^ Applicant: HERMAN cept containers having a capacity of 5 a common carrier, by motor vehicle, over gallons or less or having a capacity of 9 BROS., INC., 2501 North 11th Street, irregular routes, transporting: Food Omaha, Nebr. Applicant’s attorney: cubic feet or less*), from Lima, Ohio, to stuffs (except in bulk) from Champaign, points in the United States, and (2) ma Donald L. Stern, 630 City National Bank 111., and points in the Champaign, HI., Building, Omaha, Nebr. Authority terials, supplies, and parts used in the commercial zone thereof, to points in manufacture, assembly, and servicing of sought, to operate as a common carrier, the above described commodities when Indiana, Michigan, Ohio, that part of by motor vehicle, over irregular routes, moving in mixed loads with any of such Kentucky within ten (10) miles of the transporting: Acids and chemicals, in commodities, from Lima, Ohio, to points Kentucky-Hlinois State line, the Ken- bulk, in tank vehicles, from Tri-City Re in the United States. tucky-Indiana State line and the Ken- gional Port District Complex in Madison tucky-Ohio State line; that part of West County, 111., to points in Arkansas, In Note: If a hearing is deemed necessary, Virginia within ten (10) miles of the diana, Illinois, Iowa, Kansas, Kentucky, applicant requests it be held at Washington, West Virginia-Ohio State line; that part Missouri, Nebraska, and Tennessee. D.C. g jHHHHj of Pennsylvania within ten (10) miles of N o t e : If a hearing is deemed necessary, No. MC 52709 (Sub-No. 264), filed the Penrisylvania-Ohio State line; points applicant requests it be held at St. Louis, Mo.: March 18, 1965. Applicant RINGSBY in Allegheny, Beaver, Butler, Lawrence, TRUCK LINES, INC., 3201 Ringsby Mercer, and Washington Counties* Pa., No. MC 61396 (Sub-No. 129), filed Court, Denver, Colo., 80216. Authority and Jeannette, Schenley, and South March 19, 1965. Applicant: HERMAN sought to operate as a common carrier, Connellsville, Pa. and points within ten BROS., INC., 2501 North 11th Street, by motor vehicle, over regular routes, (10) miles of Jeannette, Schenley, and Omaha, Nebr. Applicant’s attorney: transporting: General commodities (ex South Connellsville, Pa. Donald L. Stem, 630. City National Bank cept those of unusual value, livestock, N o t e : If a hearing is deemed necessary, Building, Omaha, Nebr. Authority Classes A and B explosives, household applicant requests it be held at Washington, sought to operate as a common carrier, goods as defined by the Commission, D.C. by motor vehicle, over irregular routes, commodities in bulk, commodities re No. MC 59367 (Sub-No. 19), filed transporting: Liquid animal feed ingre quiring special equipment, and those in March 19, 1965. Applicant: DECKER dients not produced from animal fats or jurious or contaminating to other lad TRUCK LINE, INC., Post Office Box 915, vegetable oils, in bulk, in tank vehicles; ing) , between Kearney, Nebr., and Kan- Fort Dodge, Iowa. Applicant’s repre from Crete, Nebr., to points in Kansas, xfSu Mo.: Prom Kearney over sentative: William A. Landau, 1307 East Colorado, Oklahoma, Texas, Arkansas, Nebraska Highway 44 to junction U.S. .Walnut, Des Moines, Iowa, 50316. Au Iowa, South Dakota, North Dakota, Min Highway 6 about 7 miles west of Minden, thority sought to operate as a common nesota, Wyoming, Missouri, Hlinois, Wis Nebr., thence over U.S. Highway 6 to carrier, by motor vehicle, over irregular consin, and N|ew Mexico. junction Nebraska Highway 10 at or routes, transporting: Meats, meat prod N o t e : If a hearing is deemed necessary, near Minden (also from Kearney over ucts, meat byproducts, dairy products applicant requests it be held at Omaha, Nebr. Nebraska Highway 10 to junction U.S. and articles distributed by meat pack No. MC 61396 (Sub-No. 130), filed Highway 6 at or near Minden) , thence inghouses, as described in Sections A, B, March 22, 1965. Applicant: HERMAN over Nebraska Highway 10 to the Ne- and C of Appendix I to the report in BROS- INC., 2501 North 11th Street, raska-Kansas State line, thence over Descriptions in Motor Carrier Certifi Omaha, Nebr. Applicant’s attorney: Kansas Highway 8 to junction U.S. High cates, 61 M.C.C. 209 and 766 (except Donald L. Stern, 630 City National Bank way 36 at or near Athol, Kans., thence hides and commodities in bulk, in tank- Building, Omaha, Nebr. Authority over U.S. Highway 36 to junction Kansas vehicles), from points in Wisconsin to sought to operate as a common carrier, Highway 181 near Lebanon, Kans., points in Iowa, Kansas, Nebraska, Ohio, by motor vehicle, over irregular routes, thence over Kansas Highway 181 to and Missouri. transporting: Caramel coloring, burnt junction U.S. Highway 24 near Downs, N o t e : If a hearing is deemed necessary, sugar, liquid sugar, and blends thereof, Kans., thence over U.S. Highway 24 to applicant requests it be held at Chicago, 111. in bulk, in tank vehicles, from Clinton, 4574 NOTICES
Iowa, to points in Alabama, Connecticut, and those injurious or contaminating to No. MC 83539 (Sub-No. 140), filed Delaware, the District of Columbia, other lading), (1) between junction Ala March 22, 1965. Applicant: C & h Florida, Georgia, Illinois, Indiana, Iowa, bama Highway 5 and U.S. Highway 11, TRANSPORTATION CO., INC., 1935 Kansas (except Bonner Springs), Ken and Baton Rouge, La.; (a) from junc West Commerce Street, Post Office Box tucky, Louisiana, Maine, Massachusetts, tion Alabama Highway 5 and U.S. High 5976, Dallas, Tex., 75222. Applicant’s Michigan, Minnesota, Mississippi, Mis way 11 over U.S. Highway 11 to junction attorney: W. T. Brunson, 419 Northwest souri, Nebraska,. New Hampshire, New Mississippi Highway* 26 at Poplarville, Sixth Street, Oklahoma City, Okla Jersey, New York, North Carolina, Okla Miss., thence over Mississippi Highway Authority sought to operate as a common homa, . Ohio, Pennsylvania, Rhode 26 to the Mississippi-Louisiana State carrier, by motor vehicle, over irregular Island, South Carolina, Tennessee, line, thence over Louisiana Highway 26 routes, transporting: Iron and steel Texas, Vermont, West Virginia, and to Bogalusa, La., thence over Louisiana articles, namely grader blades, rock bolts, Wisconsin. Highway 21 to junction U.S. Highway and grinding balls, bars or shapes, from N o t e : If a hearing is deemed necessary, 190, thence over U.S. Highway 190 to Minnequa, Colo., to points in Alabama, applicant requests it be held at Omaha, Nebr. Baton Rouge and return over the same Connecticut, Delaware, the District of No. MC 64112 (Sub-No. 23) (CLARI route, serving the intermediate points of Columbia, Georgia, Illinois, Indiana, Bogalusa and Zee, La.; (b) from junction Kentucky, Maine, Maryland, Massachu FICATION), filed February 23, 1965, Alabama Highway 5 and U.S. Highway published F ederal R eg ister issue March setts, Michigan, Mississippi, New Hamp 17,1965, and republished this issue. Ap 11 over U.S. Highway 11 to junction U.S. shire, New Jersey, New York, North plicant: NORTHEASTERN TRUCKING Highway 80 near York, Ala., thence over Carolina, Ohio, Pennsylvania, Rhode COMPANY, a corporation, 2508 Starita U.S. Highway 80 to Vicksburg, Miss., Island, South Carolina, Tennessee, Ver thence over U.S. Highway 61 to Baton mont, Virginia, West Virginia, and Wis Road, Charlotte, N.C. Applicant’s rep Rouge and return over the same route, consin. resentative: W. Delbert Turner, Sr., 1415 serving no intermediate points; and (2) East Boulevard, Post Office Box 3661, N o t e : Applicant states it now holds no Charlotte, N.C., 28203. Authority sought between Wagarville, Ala., and Baton authority that will tack with that sought to operate as a common carrier, by mo Rouge, La.; from Wagarville over U.S. herein. If a hearing is deemed necessary, tor vehicle, over irregular routes, trans Highway 84 to Natchez, Miss., thence applicant requests it be held at Denver, Colo., porting: Textiles, in truck loads from over U.S. Highway 61 to Baton Rouge or Washington, D.C. Farmville, N.C., to Penn Argyl, Pa. and return over the same route, serving No. MC 94350 (Sub-No. 54), filed no intermediate points and serving those March 24, 1965. Applicant: TRANSIT Note: The purpose of this republication is off-route points within a 20-mile radius to add the words “in truck loads.” If a hear of Baton Rouge, La., in (1) and (2) HOMES, INC., 210 West McBee Avenue, ing is deemed necessary, applicant requests Post Office Box 1628, Greenville, S.C. it be held at Charlotte, N.C. above. Applicant’s attorney: Henry P. Willimon, N o t e : If a hearing is deemed necessary, Box 1075, Greenville, S.C. Authority No. MC 66900 (Sub-No. 28), filed applicant requests it be held at Birmingham, sought to operate as a common carrier, March 17, 1965. Applicant: HOUFF Ala. TRANSFER, INCORPORATED, Post by motor vehicle, over irregular routes, Office Box 91, Weyers Cave, Va. Appli No. MC 76436 (Sub-No. 23), filed transporting: Trailers designed to be cant’s attorney: Harold G. Hernly, 711 March 10, 1965. Applicant: SKAGGS drawn by passenger automobiles, in ini 14th Street NW., Washington, D.C., TRANSFER, INC., 2400 Ralph Avenue, tial movements, from points in Spartan 20005. Authority sought to operate as a Louisville, Ky. Applicant’s attorney: burg and Anderson Counties, S.C., to common carrier, by motor vehicle, over Rudy Yessin, 6th Floor McClure Build points in Louisiana and States east of irregular routes, transporting: Iron or ing, Frankfort, Ky., 40601. Authority the Mississippi River, namely Alabama, steel castings, rough, wheels, balance or sought to operate as a common carrier, Connecticut, Delaware, District of Co fly, agricultural implement parts (other by motor vehicle, over regular routes, lumbia, Florida, Georgia, Illinois, Indi than hand), from Lynchburg, Va., to transporting: General commodities (ex ana, Kentucky ( Maine, Maryland, Mas New Holland, Pa. cept household goods as defined by the sachusetts, Michigan, Mississippi, New Commission, articles of unusual value, Hampshire, New Jersey, New York, North N o t e : If a hearing is deemed necessary, commodities in bulk, commodities in Carolina, Ohio, Pennsylvania, Rhode applicant requests it be, held at Washing ton, D.C. * , jurious or contaminating to other lading, Island, South Carolina, Tennessee, Ver and commodities which require special mont, Virginia, West Virginia, and No. MC 70083 (Sub-No. 8), filed March equipment), between Louisville and- Wisconsin. 24, 1965. Applicant: DRAKE MOTOR Munfordville, Ky., over U.S. Highway N o t e : If a hearing is deemed necessary, LINES, INC., York Street and Aramingo 31-W, serving no intermediate points; applicant requests it be held at Columbia, Avenue, Philadelphia, Pa. Applicant’s restricted against service between Louis S.C. attorney: Herbert Burstein, 160 Broad ville, Ky., and Nashville, Tenn. way, New York, N.Y. Authority sought No. MC 97068 (Sub-No. 5), filed March Note: If a hearing is deemed necessary, 18, 1965. Applicant: H. S. ANDERSON to operate as a common carrier, by motor applicant requests it be held at Louisville, TRUCKING COMPANY, a corporation, vehicle, over irregular routes, transport Ky. ing: General commodities, which have Post Office Box 29, Port Arthur, Tex. an immediate prior or subsequent move No. MC 77424 (Sub-No. 19), filed Applicant’s attorney: John H. Bencken- ment by air, between Philadelphia, Pa., March 12, 1965. Applicant: WENHAM stein, 1350 Petroleum Building, Post on the one hand, and, on the other, New TRANSPORTATION, INC., 3200 East Office Box 551, Beaumont, Tex. Au ark, N.J., and New York, N.Y. 79th Street, Post Office Box 6931, Cleve thority sought to operate as a common land, Ohio. Applicant’s attorney: James carrier, by motor vehicle, over irregular N o t e : Common control may be involved. E. Wilson, Perpetual Building, 1111 E routes, transporting: Heavy and cum If a hearing is deemed necessary, applicant Street, NW., Washington 4, D.C. Au bersome commodities which, because of requests It be held at Philadelphia, Pa. thority sought to operate as a common size or weight, require the use, of. special No. MC 73464 (Sub-No. 96), filed carrier, by motor vehicle, over irregular equipment, between points in Louisiana, March 15,1965. Applicant: JACK COLE routes, transporting: General commodi Mississippi, and Texas. COMPANY, a corporation, Post Office ties (except those of unusual value, and N o t e : If a hearing is deemed necessary, Box 274,1900 Vanderbilt Road, Birming except Classes A and B explosives, house applicant requests it be held at H ouston, ham, Ala. Applicant’s attorney: hold goods as defined in Practices of Tex. Thomas Harper, Post Office Box 43, Fort Motor Common Carriers of Household lb. MC 100666 (Sub-No. 70), filed Smith, Ark:, 72902.' Authority sought to Goods, 17 M.C.C. 467, commodities in rch 17, 1965. Applicant: MELTON operate as a common carrier, by motor bulk, commodities requiring special vehicle, over regular routes, transport UCK LINES, INC., Post ^Office Box equipment, and those injurious or con 5, Shreveport, La. Applicant’s at- ing: General commodities (except those taminating to other lading), from Mar ley: Wilburn L. Williamson, 443-54 of unusual value, Classes A and B ex shall, Mich., to Charleroi, Pa. erican National Building, O klahom a plosives, household goods as defined by N o t e : If a hearing is deemed necessary, 7 2, Okla. Authority so u g h t to op- the Commission, commodities in bulk, applicant requests it be held at Cleveland, te as a common carrier, by motor commodities requiring special equipment Ohio. i / » I r \ /\Tmw iw inm iloT» V/Vllt.P.Q tfiH lSPO rv Thursday, April 8, 1965 FEDERAL REGISTER 4575 jng: Boards composed of wood fiber and March 17,1965, and republished as clari- JOHNSON, INC., Post Office Box 1403, cement combined,-and accessories there— fied this issue. Applicant: ROBERT B. Billings, Mont. Applicant’s attorney: for when moving incidental to and in WHITE, doing business as BOB Hugh Sweeney, Billings State Bank the same vehicle with such boards, from WHITE’S HORSE TRANSPORTATION, Building, Billings, Mont. Authority the plant site of the National Gypsum Post Office Box 64, San Ysidro, Calif. sought to operate as a common carrier, Co at Arkadelphia, Ark., to points in Applicant’s attorney: Phil Jacobson, 510 by motor vehicle, over irregular routes, Iowa, Illinois, Wisconsin, and Missouri. W. 6th Street, Los Angeles 14, Calif. transporting: Petroleum and petroleum Authority sought to operate as a common products, iri bulk, in tank vehicles, as Note: If a hearing is deemed necessary, carrier, by motor vehicle, over irregular described in Appendix* xm to the report applicant requests it be held at Washington, routes, transporting: Race horses, and in Descriptions in Motor Carriers Cer D.C. in the same vehicle with such horses, tificates, 61 M.C.C. 209, from points in No. MC 103880 (Sub-No. 335), filed supplies and equipment used in the Montana and Wyoming, to ports of entry March 17, 1965. Applicant: PRODUC transportation, care and exhibition of on the international boundary line be ERS TRANSPORT, INC., 215 East Wa such horses, and the personal effects of tween the United States and Canada lo terloo Road, Akron, Ohio, 44306. Appli their attendants, between points in cated in Montana and North Dakota, and cant’s attorney: David Axelrod, 39 South Maricopa County, Ariz., on the one hand, contaminated and rejected shipments, La Salle Street, Chicago 3, 111. Author and, on the other, the ports of entry on on return. ity sought to operate as a common car the International Boundary line between Note: If a hearing is deemed necessary, ap rier, by motor vehicle, over irregular the United States and Mexico, located plicant requests it be held at Billings, Mont. routes, transporting: Liquid fertilizers at or near El Paso, Tex. No. MC 107403 (Sub-No. 615), filed (except anhydrous ammonia), in bulk, Note: The purpose of this republication in tank vehicles, from Mt. Vernon, Ind., is to clarify that applicant states that he March 18,1965. Applicant: MATLACK, to points in Indiana, Illinois (except proposes to tack the proposed authority INC., 10 West Baltimore Avenue, Lans- points in the East St. Louis, 111., com with his present authority from points in downe, Pa. Applicant’s attorneys: mercial zone), Kentucky and Missouri California to points in Maricopa County, Harry C, Ames, Jr., and E. Stephen (except points in the St. Louis, Mo., com Ariz., so as to permit service from the Cali Heisley, 529 Transportation Building, mercial zone). fornia points to ports of entry located at or Washington, D.C;, 20006. Authority near El Paso, Tex. If a hearing is deemed sought to operate as a common carrier, Note: If a hearing is deemed necessary, necessary, applicant requests it be held at by motor vehicle, over irregular routes, applicant requests it be held at Chicago, 111. San Diego, Calif. transporting: Nitrogen, oxygen, hydro No. MC 106398 (Sub-No. 265), filed No. MC 107002 (Sub-No. 240), filed gen, argon and helium, in bulk, (1) from March 15, 1965. Applicant :-NATIONAL March 18, 1965. Applicant: HEARIN- the plant site of Air Products and Chem TRAILER CONVOY, 'INC., ,1925 Na MILLER TRANSPORTERS, INC., Post icals, Inc., located in Orleans Parish, La., tional Plaza, Tulsa, Okla. Authority Office Box 1123, Highway 80 West, Jack- to points in the United States, and (2) sought to operate as a common carrier, son, Miss., 39205. Applicant’s attorneys: from Long Beach and Lathrop, Calif.; by motor Vehicle, over irregular routes, Harry C. Ames, Jr., 529 Transportation Granite City, 111.; Burns Harbor, Ind.; transporting: Trailers designed to be Building, Washington, D.C., 20006, and Ashland, Ky.; Cleveland, Ohio; Pitts drawn by passenger automobiles, in ini H. D. Miller, Jr., Post Office Box 1250, burgh, Pa.; Delaware City, Del., and tial movements, in truckaway service, Jackson, Miss., 39205. Authority sought Baltimore, Md., to the plant site of Air from points in East Carroll Parish, La., to operate as a common carrier, by motor Products and Chemicals, Inc., located to points in the United States (except vehicle, over irregular routes, transport in Orleans Parish, La. Alaska and Hawaii). ing: (1) Phosphatic fertilizer solutions N o t e : If a hearing is deemed necessary, Note: If a hearing is deemed necessary, and (2) fertilizer compounds, in bulk, applicant requests it be held at New Orleans, applicant requests it be held at Baton from the plant site of National Phos La., or Jackson, Miss. Rouge, La. phate Corp., 4 miles north of Hahnville, No. MC 107496 (Sub-No. 364), filed No. MC 106485 (Sub-No. 8) , filed St. Charles Parish, La., to points in Ala March 10, 1965. Applicant: RUAN March 22, 1965. Applicant: LEWIS bama, Arkansas, Kentucky, Louisiana, TRANSPORT CORPORATION, Keosau- TRUCK LINES, INC., Post Office Box 12, Mississippi, Missouri, Oklahoma, Ten qua at Third, Des Moines, Jowa. Appli Fargo, N. Dak. Authority sought to op nessee, and Texas. cant’s attorney: H. L. Fabritz, Box 855, erate as a common carrier, by motor ve Note: If a hearing is deemed necessary, Des Moines, Iowa. Authority sought to hicle, over regular routes, transporting: applicant requests it be held at Washington, operate as a common carrier, by motor General commodities (except those of D.C. vehicle, over irregular routes, transport unusual value, Classes A and B explo No. MC 107002 (Sub-No. 241), filed ing:,, Fertilizer, fertilizer materials, and sives, household goods as defined by the March 18, 1965. Applicant: HEARIN- fertilizer ingredients including but Commission, commodities in bulk and MILLER TRANSPORTERS, INC., Post limited to nitrogen fertilizer solutions, those requiring special equipment), (1) Office Box 1123 (Highway 80 West), from Carmel, Ind., and points within between Lisbon and Ellendale, N. Dak., Jackson, Miss. Applicant’s attorney: E. five (5) miles thereof, to points in Illi from Lisbon over North Dakota Highway Stephen Heisley, 529 Transportation nois, Indiana, Iowa, Kentucky, Michigan, 32 to junction North Dakota Highway 13, Building, Washington, D.C. Authority M i n n e s o ta , Missouri, Ohio, and thence over North Dakota Highway 13 sought to operate as a common carrier, Wisconsin. to junction North Dakota Highway 1, by motor vehicle, over irregular routes, Note: If a hearing is deemed necessary, thence over North Dakota Highway 1 to transporting: Nitrogen, oxygen, hydro applicant requests it be held at Chicago, HI. junction North Dakota Highway 11, gen, argon, and helium, in bulk, (1) thence over North Dakota Highway 11 from the plant site of Air Products & No, MC 107605 (Sub-No. 15), filed to Ellendale, and return over the same Chemicals, Inc., located in Orleans March 15, 1965. Applicant: ADVANCE- route, serving all intermediate points, Parish, La., to points irk the United UNITED EXPRESSWAYS, INC., 2601 and (2) between Milnor and Oakes, N. States, including Alaska and Hawaii, and Broadway Road, Minneapolis, Minn. Dak,, from Milnor, over North Dakota (2) from Long Beach and Lathrop, Calif., Applicant’s attorney: Carl L. Steiner, 39 Highway 13 to junction North Dakota Granite City, 111., Bums Harbor, Ind. South La Salle Street, Chicago 3, HI. Highway 1, thence over North Dakota Ashland, Ky., Cleveland, Ohio, Pitts Authority sought to operate as a com Highway 1 to Oakes, and return over the burgh, Pa., Delaware City, Del., and mon carrier, by motor vehicle, over reg same route, serving all intermediate Baltimore Md., to the plant site of Air ular routes, transporting: General com Points. Products & Chemicals, Inc., located in modities (except those of unusual value, Note: If a hearing is deemed necessary, Orleans Parish, La. Classes A and B explosives, household applicant requests it be held at Fargo, N. Note: If a hearing is deemed necessary, ap goods as defined by the Commission, Dak. '*■ plicant requests it be held at Jackson, Miss., commodities in bulk, and those requir No. MC 106968 (Sub-No. 3) (CLARI or New Orleans, La. ing special equipment), serving the FICATION) , filed February 25, 1965, No. MC 107151 (Sub-No. 22), filed plant site of the American Can Co., Bot published F ederal R egister, issue of March 18, 1965. Applicant: H. F. tle Division, Valley Park, Minn., as 4576 NOTICES an off-route point in connection with vehicle, over irregular routes, transport points in Connecticut, Delaware, the applicant’s regular-route operations. ing: Soda ash, in bulk, from Solvay, N.Y., District of Columbia, Maine, Maryland Note: If a bearing is deemed necessary, to Crestwood Industrial Park, located at Massachusetts, Michigan, New Hamp applicant requests it be held at Minneapolis, or near Mountain Top, Pa. shire, New Jersey, New York, Ohio, Minn. Note: If a hearing is deemed necessary, Pennsylvania, Virginia, West Virginia No. MC 107839 (Sub-No. 64), filed applicant requests it be held at Washing Vermont, and Rhode Island, and re March 19, 1965. Applicant: DENVER- ton, D.C. turned, refused and rejected shipments ALBUQUERQUE MOTOR TRANS No. MC 107906 (Sub-No. 19), filed on return. PORT, INC., 5135 York, Denver, Colo. March 25, 1965. Applicant: TRANS Note: The purpose of this republication Applicant’s attorney: Duane W. Acklie, PORT MOTOR EXPRESS, INC., Post is to include returned, refused, and rejected Box 2028, Lincoln, Nebr., 68501. Au Office Box 958, Meyer Road, Fort Wayne, shipm ents, on return. If a hearing is deemed necessary, applicant requests it be thority sought to operate as a common Ind. Applicant’s attorney: David Axel held at Washington, D.C. carrier, by motor vehicle, over irregular rod, 39 South La Salle Street, Chicago 3, routes, transporting: Meats, meat prod 111. Authority sought to operate as a No. MC 110420 (Sub-No. 428), filed ucts and meat byproducts as described common carrier, by motor vehicle, over March 17, 1965. Applicant: QUALITY in Section A of Appendix I to the report regular routes, transporting: Foodstuffs, CARRIERS, INC., Post Office Box 339, in Descriptions in Motor Carrier Certif serving Champaign, HI., as an off-route 100 South Calumet Street, Burlington, icates, 61 M.C.C. 209 and 766, from Den point in connection with applicant’s Wis. Applicant’s representative: Fred ver and Greeley, Colo., to points in presently authorized regular route H. Figge (same address as applicant). Florida. operations. Authority sought to operate as a com mon carrier, by motor vehicle, over ir Note: Applicant states that it presently Note: If a hearing is deemed necessary, holds authority from Denver, Colo., to enu applicant requests it be held at Chicago, 111. regular routes, transporting: Flavoring merated points in Florida on “meats” and syrup, in bulk, in stainless steel tank ve seeks no duplicate authority but merely to No. MC 108449 (Sub-No. 198) hicles, from Louisville, Ky., to points in clarify or supplement existing commodity (AMENDMENT), filed February 11,1965, the United States (except Alaska and description. If a hearing is deemed neces published in F ederal R egister, issue of Hawaii). sary applicant requests it be held at Denver, March 3, 1965, amended March 29, 1965, Colo. Note: If a hearing is deemed necessary, and republished as amended this issue. applicant requests it be held at Chicago, 111. No. MC 107871 (Sub-No. 37), filed Applicant: INDIANHEAD TRUCK March 18, 1965. Applicant: BONDED LINE, INC., 1947 West County Road “C,” No. MC 110525 (Sub-No. 714), filed FREIGHTWAYS, INC., 441 Kirkpatrick St. Paul, Minn., 55113. Applicant’s at March 18, 1965. Applicant: CHEMICAL Street West, Post Office Box 1012, Syra torney: Glenn W. Stephens, 121 West LEAMAN TANK LINES, INC., 520 East cuse, N. Y. Applicant’s attorney: Herbert Doty Street, Madison 3, Wis. Authority Lancaster Avenue, Downingtown, Pa. M. Canter, Mezzanine, Warren Parking sought to operate as a common carrier, Applicant’s attorneys: Leonard A. Jas- Center, 345 South Warren Street, Syra by motor vehicle, over irregular routes, kiewicz, 1155 15th Street NW., Madison cuse. N.Y. Authority sought to operate transporting: Acids, chemicals, fertil Building, Washington, D.C., and Edwin as Si common carrier, by motor vehicle, izers and fertilizer ingredients, in bulk, in H. van Deusen, 520 East Lancaster Ave over irregular routes, transporting: Bulk tank vehicles, from East Dubuque, 111., nue, Downingtown, Pa. Authority commodities (excluding cement), (1) sought to operate as a common carrier, and points in Illinois within 10 miles by motor vehicle, over irregular routes, between points in New York, (2) be thereof, to points in Hlinois, Indiana, tween points in Massachusetts, (3) from transporting: Rosin sizing, in bulk, in points in New York and Massachusetts, Wisconsin, Iowa, Missouri, Kansas, Ne tank vehicles, from Nitro, W. Va., to to points in Massachusetts, Connecticut, braska, South Dakota, and Minnesota. Rumford, Maine. Rhode Island, New Hampshire, and Ver Note: The purpose of this republication is Note: If a hearing is deemed necessary, mont, and (4) from points in New York, to more clearly set forth the proposed oper applicant requests it be held at Washington, to points in Pennsylvania. ation. If a hearing is deemed necessary, D.C. applicant requests it be held at Chicago, 111. Note: Applicant states service as proposed No. MC 110525 (Sub-No. 715), filed restricted to shipments having a prior move No. MC 109124 (Sub-No. 10), filed March 19, 1965. Applicant: CHEMICAL ment by rail. If a hearing is deemed neces March 22, 1965. Applicant: SENTLE LEAMAN TANK LINES, INC., 520 East sary, applicant requests it be held at New TRUCKING CORPORATION, 210 Alexis Lancaster Avenue, Downingtown, Pa. York City, N.Y. Road, Toledo, Ohio. Authority sought Applicant’s attorneys: Leonard A. Jas- No. MC 107871 (Sub-No. 38), filed to operate as a common carrier, by motor kiewicz, 1155 15th Street NW., Washing March 22, 1965. Applicant: BONDED vehicle, over irregular routes, transport ton, D.C., 20005, and Edwin H. van Deu FREIGHTWAYS, INC., 441 Kirkpatrick ing: Iron and steel and iron and steel sen, 520 East Lancaster Avenue, Down Street West, Post Office Box 1012, Syra articles, between the plant site of the ingtown, Pa. Authority sought to oper cuse, N.Y., 13201. Applicant’s attorney: Bethlehem Steel Corp., Bums Harbor, ate as a common carrier, by mptor ve Herbert M. Canter, Mezzanine, Warren Porter County, Ind., on the one hand, hicle, over irregular routes, transporting: Parking Center, 345 South Warren Street, and, on the other, points in Ohio, West Fertilizer solutions, in bulk, from Havre Syracuse, N.Y., 13202. Authority sought Virginia, Illinois, Pennsylvania, and the de Grace, Md. to points in Delaware and to operate as a common carrier, by motor lower peninsula of Michigan. Pennsylvania (excluding points within vehicle, over irregular routes, transport Note: If a hearing is deemed necessary, twenty-five (25) miles of Philadelphia, ing: Dry cement and mortar, in bulk, applicant requests it be held at Indianapolis, Pa.). from points in Massachusetts* to points Ind. Note: If a hearing is deemed necessary, in Connecticut, Massachusetts, Rhode No. MC 109478 (Sub-No. 8 1) applicant requests it be held at Washington, Island, and New Hampshire, restricted to D.C. shipments having a prior movement by (AMENDMENT), filed February 12,1965, published F ederal R egister issue March No. MC 110878 (Sub-No. 28), filed rail. 10, 1965, and republished as amended March 24, 1965. Applicant: ARGO Note: No duplicating authority is sought. this issue. Applicant: WORSTER MO TRUCKING COMPANY, INC., Elber- If a hearing is deemed necessary, applicant TOR LINES, INC., East Main Road, ton, Ga. Applicant’s attorney: Monty requests it be held at New York, N.Y. Rural Delivery No. 1, North East, Pa. Schumacher, 1375 Peachtree Street NE., No. MC 107871 (Sub-No. 39), filed Applicant’s attorney: William W. Knox, Suite 693, Atlanta, Ga., 30309. Authority March 25, 1965. Applicant: BONDED 23 West Tenth Street, Erie, Pa., 16501. sought to operate as a common carrier, FREIGHTWAYS, INC., 441 Kirkpatrick Authority sought to operate as a com by motor vehicle, over irregular routes, Street West, Post Office Box 1012, Syra mon carrier, by motor vehicle, over ir transporting: Salt, in bags, cartons, and cuse, N.Y. Applicant’s attorney: Her regular routes, transporting: Liquid blocks, from points in Fort Bend and bert M. Canter, Mezzanine, Warren sugar, invert sugar, syrups, blends or Harris Counties, Tex. to Pensacola, Fla. Parking Center, 345 South Warren mixtures of syrups and/or sugar, in bulk, Note: Applicant states it proposes to tack Street, Syracuse, N.Y. Authority sought in tank vehicles, from the town of the authority sought with its Certificate no. to operate as a common carrier, by motor Montezuma, Cayuga County, N.Y. to MC-110878 (Sub-No. 23) authorizing tne Thursday, April 8, 1965 FEDERAL REGISTER 4577 transportation of the involved commodities Jersey, New York, Ohio, Pennsylvania, WORTH FREIGHT LINES, INC,, 220 from the same origin points to points in Ala Rhode Island, Vermont, Virginia, West East Broadway, Eagle Grove, Iowa. Ap bama, Georgia, Mississippi, South Carolina, and Tennessee, for the purpose of handling Virginia, and Washington, D.C. plicant's attorney: Donald L. Stem, 630 shipments requiring multiple deliveries. If Note: If a hearing is deemed necessary, City National Bank Building, Omaha, a hearing is deemed necessary, applicant does applicant requests it be held at Minneapolis, Nebr. Authority sought to operate as a not specify place. Minn. common carrier, by motor vehicle, over irregular routes, transporting: Petro No. MC 110988 (Sub-No. 121), filed No. MC 111812 (Sub-No. 280), filed leum and petroleum products; com March 19, 1965. Applicant: KAMPO March 22, 1965. Applicant: MIDWEST pounded oils and greases; rust preven- TRANSIT, INC., 200 West Cecil Street, COAST TRANSPORT, INC., Wilson tatives and rust-removing compounds; Neenah, Wis. Applicant’s attorney: E. Terminal Building, Post Office Box 747, brake fluid; carbon, gum and sludge- Stephen Heisley, Transportation Build Sioux Falls, S. Dak., 57101. Applicant’s removing compounds; car undercoating; ing, Washington, D.C., 20006. Authority attorney: Donald L. Stem, 630 City Na body sealer and sound deadening com sought to operate as a common carrier, tional Bank Building, Omaha, Nebr., pounds; all in containers, from Kansas by motor vehicle, over irregular routes, 68192. Authority sought to operate as a City, Kans. to points in Iowa and transporting: Chemicals (except hydro- common carrier, by motor vehicle, over Nebraska. fluosilicic acid), in bulk, in tank or irregular routes, transporting: Cooked hopper-type vehicles, from Mason City, bakery products and bakery products in Note: If a hearing is deemed necessary, applicant requests it be held at Kansas City, Iowa to points in Wisconsin. gredients in vehicles equipped with Mo. Note: If a hearing is deemed necessary, mechanical refrigeration, from Seely- applicant requests it be held at Madison, Wis. ville, Ind. to points in Kansas, Nebraska, NO. MC 113495 (Sub-No. 17), filed New Mexico, Arizona, California, Ne March 24, 1965. Applicant: GREGORY No. MC 111231 (Sub-No. 64), filed vada, Utah, Wyoming, Idaho, Oregon, HEAVY HAULERS, INC., No. 2 Main March 15, 1965. Applicant: JONES Washington, and Montana. Street, Post Office Box 5266, Nashville, TRUCK LINES, INC., 610 East Emma. Tenn. Applicant’s attorney: Robert M. Note: If a hearing is deemed necessary, Avenue, Springdale, Ark. Authority applicant requests it be held at Kansas City, Pearce, 221 St. Clair, Frankfort, Ky. sought to operate as a common carrier, Mo. Authority sought to operate as a common by motor vehicle, over irregular routes, carrier, by motor vehicle, over irregular transporting: Baby foods, cereal foods No. MC 112148 (Sub-No. 31), filed routes, transporting: Building or roofing preparation, bakery goods and baby March 19, 1965. Applicant: JAMES H. tile and slabs, from the plant site of supplies, from the plant and warehouse POWERS, INC., Melbourne, Iowa. Ap Flintkote Co., Inc., located at or near sites of Gerber Products Co., Fort Smith, plicant’s representative: William A. Richmond, Va., to points in Illinois, Ark., to points in Kansas, Missouri, Ar Landau, 1307 East Walnut, Des Moines, Indiana, Kentucky, Missouri, Tennessee, kansas, Oklahoma, Texas and Louisiana. Iowa, 50316. Authority sought to oper and Wisconsin, and rejected shipments ate as a common carrier, by motor ve Note: If a hearing is deemed necessary, of the commodities specified above, on applicant requests it be held at Albuquer hicle, over irregular routes, transporting: return. que, N. Mex. Meats, meat products, meat byproducts, dairy products, and articles distributed Note: If a hearing is deemed necessary, No. MC 111748 (Sub-No. 10), filed applicant requests it be held at Washington, by meat packinghouses, as described in D.C. March 24, 1965, Applicant: HARVEY L. Sections A, B, and C of Appendix I to the WILLIAMS, JR., doing business as report in Descriptions in Motor Carrier No. MC 113651 (Sub-No. 80), filed WILLIAMS MOVING & STORAGE CO., Certificates, 61 M.C.C. 209 and 766 (ex March 22, 1965. Applicant: INDIANA Tarkio, Mo. Applicant’s attorney: Carll cept hides and commodities in bulk, in REFRIGERATOR LINES, INC., 2404 V. Kretsinger, Suite 510 Professional tank vehicles), from points in Wisconsin North Broadway, Muncie, Ind. Author Building, Kansas City, Mo., 64106. Au to points in Iowa, Kansas, Nebraska, ity sought to operate as a common car thority sought to operate as a common Ohio, and Missouri. rier, by motor vehicle, over irregular carrier, by motor vehicle, over irregular routes, transporting: Meat, meat prod routes, transporting: Meats, meat prod Note: If a hearing Is deemed necessary, ucts and meat byproducts, articles dis ucts, meat byproducts, articles distrib applicant requests it be held at Chicago, 111. tributed by meat packinghouses, and uted by meat packinghouses, and such No. MC 112617 (Sub-No. 194), filed such commodities as are used by meat- commodities as are used by meat packers March 22, 1965. Applicant: LIQUID packers in the conduct of their business m the conduct of their business when TRANSPORTERS, INC., Post Office Box when destined to and for use by meat- destined to and for use by meat packers, 5135, Cherokee Station, Louisville 5, Ky. packers, as described in Sections A, C, as described in Appendix I to the report Applicant’s attorney; Leonard A. Jaskie- and D of Appendix I to the report in. m Descriptions in Motor Carrier Certifi- wicz, 600 Madison Building, 1155 15th Descriptions in Motor Carrier Certificates caies 61 M.C.C. 766, between points in Street NW., Washington, D.C. Author 61 M.C.C. 209 and 766 (except hides and Atchison County, Mo., on the one hand, ity sought to operate as a common car commodities in bulk in tank vehicles), and, on the other, points in the United rier, by motor vehicle, over irregular from Garden City, Kans., and poirits States (except Alaska and Hawaii). routes, transporting: Liquid latices, in within ten (10) miles thereof, to points bulk, in tank vehicles, from points in Note: If a hearing is deemed necessary, in Maine, Vermont, New Hampshire, applicant requests it be held at St. Joseph, Jefferson County, Ky. to points in Cali Massachusetts, Connecticut, Rhode Is fornia. land, New York, New Jersey, Pennsyl Note: If a hearing is deemed necessary, vania, Ohio, Indiana, Virginia, West No. MC 111812 (Sub-No. 279), fi] applicant requests it be held at Washington, Virginia, Delaware, Maryland, the Dis Marchi7’ 1965.- Applicant: MIDWEi D.C. trict of Columbia, North Carolina, South COAST TRANSPORT, INC., Wils Carolina, Georgia, Alabama, Florida, Terminal Building, Post Office Box 7 No. MC 113362 (Sub-No. 63), filed Kentucky, Tennessee, Iowa, Louisiana, wux Falls, S. Dak., 57101. Applicar March 16, 1965. Applicant: ELLS and Mississippi. attorney: Donald L. Stem, 630 City IS WORTH FREIGHT LINES, INC., 220 East Broadway, Eagle Grove, Iowa. Au Note: If a healing is deemed necessary, ¡ S J ®ank BuildinS. Omaha, Net thority sought to operate as a common applicant requests it be held at Washington, ■’ Authority sought to operate a: D.C., or Wichita, Kans. carrier> by motor vehicle, o^ carrier, by motor vehicle, over irregular rregular routes, transporting: Me routes, transporting: Foodstuffs, other No. MC 113651 (Sub-No. 81), filed ^ Products, and meat byproduc than frozen, from points in Cumberland March 22, 1965. Applicant: INDIANA artlcles distributed by meat pai County, N.J. to points in Iowa, Minne REFRIGERATOR LINES, INC., 2404 ng/iouses, as described in Sections sota, Nebraska, North Dakota, South North Broadway, Muncie, Ind. Author . ?.f Appendix I to the report Dakota, Wisconsin, and Milan, 111. ity sought to operate as a common car uescnpttons %n Motor Carrier Cert Note: If a hearing is deemed necessary, rier, by motor vehicle, over irregular S f e S M-c c - 20? and 766, from E applicant requests it be held at Philadelphia, routes, transporting: Meats, meat prod Pahits in Connectic Pa. ucts, meat byproducts, and articles dis S l t ™ K Maine’ Maryland, Massac! No. MC 113362 (Sub-No. 64>, filed tributed by meat packinghouses, as setts, Michigan, New Hampshire, N March 22, 1965. Applicant: ELLS described in Appendix I to the report in No. 67------ft 4578 NOTICES
Descriptions in Motor Carrier Certifi attorney: Alan Foss, First National traffic originating at the plant site and/ cates, 61 M.C.C. 209 and 766 (except Bank Building, Fargo, N. Dak. Author or cold storage facilities utilized by commodities in bulk, in tank vehicles, ity sought to operate as a common car Platte Valley Packing Co. in Dawson and hides), from points in Dakota rier, by motor vehicle, over irregular County, Nebr. County, Nebr., to points in Kentucky, routes, transporting: Radioactive source, Note : If a hearing is deemed necessary ap Tennessee, North Carolina, South Caro special nuclear and byproduct materials, plicant requests it be held at Denver, Colo lina, Georgia, Alabama, Florida, Louisi radioactive material shipping containers, or Chicago, 111. ana, and Mississippi. nuclear reactor component parts and Note: If a hearing is deemed necessary, related equipment, between points in No. MC 114045 (Sub-No. 176), filed applicant requests it be held at Sioux City, Alameda and Santa Clara Counties, March 11, 1965. Applicant: TRANS Iowa, or Washington, D.C. Calif., on the one hand, and, on the COLD EXPRESS, INC., Post Office Box other, points in the United States (ex 5842, Dallas, Tex. Authority sought to No. MC 113678 (Sub-No. 113), filed cept points in Hawaii). operate as a common carrier, by motor March 18, 1965. Applicant: CURTIS, vehicle, over irregular routes, transport INC., 770 East 51st Avenue, Denver, Colo. Note: If a hearing is deemed necessary, ing: Meat, meat products, meat byprod Applicant’s attorney: Duane W. Acklie, applicant requests it be held at Los Angeles, or San Francisco, Calif. ucts, and articles distributed by meat Post Office Box 2028, Lincoln, Nebr. packinghouses as described in Sections Authority sought to operate as a common No. MC 113678 (Sub-No. 117), filed A and C of Appendix I to the report in carrier, by motor vehicle, over irregular March 24, 1965. Applicant: CURTIS, Descriptions in Motor Carrier Certifi routes, transporting: Dairy products, INC., 770 East 51st Avenue, Denver, Colo. cates, 61 M.C.C. 209 and 766 (except from Parson, Salina, and Moline, Kans., Applicant’s attorney: Duane W. Acklie, commodities in bulk, in tank vehicles and to points in Colorado, New Mexico, Ari Post Office Box 2028, Lincoln, Nebr. hides), from points in Dakota County, zona, California, and points in Texas on Authority sought to operate as a com Nebr., to points in Virginia, Maryland! and west of U.S. Highway 87 to Big mon carrier, by motor vehicle, over ir the District of Columbia, New Jersey, Springs, Tex., and on and north of U.S. regular routes, transporting: Petroleum New York, Pennsylvania, Connecticut, Highway 80. and petroleum products, including com Delaware, and Massachusetts. Note: If a hearing is deemed necessary, pounded oil arid grease, iron and steel Note: If a hearing is deemed necessary, applicant requests it be held at Washington, rust preventive and removing compound, applicant requests it be held at Des Moines, D.C., or Denver, Colo. and carbon, gum, and sludge removing Iowa. compounds, and car undercoating, body No. MC 113678 (Sub-No. 115), filed sealer, and sound deadener compound, No. MC 114211 (Sub-No. 75), filed March 22, 1965. Applicant: CURTIS, -March 19, 1965. Applicant: WARREN INC., 770 East 51st Avenue, Denver, Colo., in containers, from Kansas City, Kans., 80216. Applicant’s attorney: Duane W. to points in Arkansas, Colorado, Iowa, TRANSPORT, INC., Post Office Box 420, Missouri, Nebraska, New Mexico, Okla Waterloo, Black Hawk County, Iowa. Acklie, Post Office Box 2028, Lincoln, homa, Utah, and Wyoming. Applicant’s attorney: Charles W. Singer, Nebr. Authority sought to operate as a 33 North La Salle Street, Chicago, 111. common carrier, by motor vehicle, over Note: If a hearing is deemed necessary, irregular routes, transporting: Food applicant requests it be held at Kansas City, Authority sought to operate as a common Mo. carrier, by motor vehicle, over irregular stuffs, raw and manufactured, from routes, transporting: Tractors, tractor points in Nebraska bounded on the east No. MC 113855 (Sub-No, 103), filed attachments, farm machinery and agri by U.S. Highway 81, on the west by U.S. March 25, 1965. Applicant: INTER cultural implements and parts for com Highway 83, on the north by the NATIONAL TRANSPORT, INC., High modities specified above when moving Nebraska-South Dakota State line, and way 52, South, Rochester, Minn. Ap incidental with units for which the parts on the south by the Nebraska-Kansas plicant’s attorney: Gene P. Johnson, are intended, from Atlanta, Ga., and State line, including points on said high First National Bank Building, Fargo, N. points within ten (10) miles thereof, to way boundaries, to points in North Da Dak. Authority sought to operate as a points in the United States (except points kota, South Dakota, Colorado, Kansas, common carrier, by motor vehicle, over in Alaska and Hawaii). Oklahoma, Wyoming, and Sioux City, irregular routes, transporting : Irrigation Iowa, and damaged and rejected ship systems and parts for irrigation systems, Note: If a hearing is deemed necessary, ments, on return. applicant requests it be held at Washington, from points in Douglas County, Nebr., to D.C., or Chicago, 111. Note: If a hearing is deemed necessary, points in Arizona, Arkansas, California, applicant requests it be held at Omaha, Nebr. Idaho, Kansas, Louisiana, Missouri, No. MC 115162 (Sub-No. Ill), filed Montana, Nevada, New Mexico, Okla March 22, 1965. Applicant: WALTER No. MC 113678 (Sub-No/116), filed homa, Oregon, Texas, Utah, and Wash POOLE, doing business as POOLE March 23, 1965. Applicant: CURTIS, ington. TRUCK LINE, Post Office Box 310, Ever INC., 770 East 51st Avenue, Denver, Colo. green, Ala. Applicant’s representative: Applicant’s attorney: Duane W. Acklie, Note: If a hearing is deemed necessary, ap Robert E. Tate, 2031 Ninth Avenue South, Post Office Box 2028, Lincoln, Nebr. Au plicant requests it be held at Chicago, 111., or Kansas City, Mo. Birmingham, Ala. Authority sought to thority sought to operate as a common operate as a common carrier, by motor carrier, by motor vehicle, over irregu No. MC 114019 (Sub-No. 130), filed Vehicle, over irregular routes, transport lar routes, transporting:- Frozen foods, March 12, 1965. Applicant: MIDWEST ing : Canned goods, from points in Mich prepared foods, and essence of fruits and EMERY FREIGHT SYSTEM, INC., 7000 berries, (1) from points in New York, lo South Pulaski Road, Chicago, 111. Ap igan, to points in Tennessee. cated on and west of a line beginning at plicant’s attorney: David Axelrod, 39 Note: If a hearing is deemed necessary, Cape Vincent, N.Y., and extending along South La Salle Street, Chicago 3, 111. applicant requests it be held at Grand Rap New York Highway 12E to Watertown, Authority sought to operate as a com ids, or Lansing, Mich. N.Y., and thence along U.S. Highway. mon carrier, by motor vehicle, over ir No. MC 115296 (Sub-No. 2), filed 11 to the New York-Pennsylvania State regular routes, transporting: Meats, -March 12, 1965. Applicant: BOB UT- line, to points in Arkansas, Coloro'do, meat products, meat byproducts, and GARD, doing business as UTGARD Iowa, Kansas, Louisiana, Minnesota, articles distributed by meat packing TRUCKING, Star Prairie, Wis. Appli Mississippi, Missouri, Nebraska, North houses, as described in Appendix I, to cant’s representative: A. R. Fowler, 2288 Dakota, Oklahoma, South Dakota, Ten the report in Descriptions in Motor Car University Avenue, St. Paul, Minn. nessee, Texas, and Wisconsin, and (2) rier Certificates, 61 M.C.C. 209 and 766 from points in Texas, to points in Mich (except liquids, in bulk, in tank vehicles, Authority sought to operate as a com igan, New York, Ohio, and Pennsylvania. and except hides), from the plant site of mon carrier, by motor vehicle, over ir regular routes, transporting: Animal and Note : If a hearing is deemed necessary, the Platte Valley Packing Co., located in applicant requests it be held at Buffalo, N.Y. Dawson County, Nebr., to points in West poultry feed, from New Richmond, Wis., Virginia, Virginia, Maryland, Delaware, to points in Dakota and Scott Counties, No. MC 113855 (Sub-No. 102), filed Pennsylvania, New York, New Jersey, Minn. March 24, 1965. Applicant: INTERNA Maine, New Hampshire, Connecticut, Note: If a hearing is deemed necessary, TIONAL TRANSPORT, INC., Highway Massachusetts, Vermont, Rhode Island, applicant requests it be held at Minneapolis, 52, South, Rochester, Minn. Applicant's and Washington, D.C., restricted to Minn. Thursday, April 8, 2965 FEDERAL REGISTER 4579 No MC 115331 (Sub-No. 116), filed No. MC 115491 (Sub-No. 59), filed 78701. Authority sought to operate as March 15, 1965. Applicant: TRUCK March 19, 1965. Applicant: COMMER a common carrier, by motor vehicle, over TRANSPORT, INCORPORATED, 707 CIAL CARRIER CORPORATION, 502 irregular routes, transporting: Alumina, Market Street, St. Louis, Mo. Authority East Bridgers Avenue, Aubumdale, Fla. In bulk, from points in East Baton Rouge sought to operate as a common carrier, Applicant’s attorney: M. Craig Massey, Parish, La., to points in Texas. by motor vehicle, over irregular routes, 223 South Florida Avenue, Post Office Note: If a hearing is deemed necessary, transporting: Syrups, sweeteners, corn Drawer J, Lakeland, Fla., 33802. Author applicant requests it be held at New Orleans, syrup and fiends from Granite City, 111., ity sought to operate as a common car La. to points in Arkansas, Louisiana, Ken rier, by motor vehicle, over irregular No. MC 117119 (Sub-No. 204), filed tucky, and Tennessee. routes, transporting: Cement, between March 15, 1965. Applicant: WILLIS points in Florida. Note: If a hearing is deemed necessary, SHAW FROZEN EXPRESS, INC., Elm applicant requests it be held at St. Louis, Mo. Note: If a hearing is deemed necessary, Springs, Ark. Applicant’s attorney: applicant requests it be held at Tallahassee, John H. Joyce, 26 North College, Fayette No. MC 115331 (Sub-No. 118), filed Fla. March 15, 1965. Applicant: TRUCK ville, Ark-. Authority sought to operate TRANSPORT, INCORPORATED, 707 No. MC 115491 (Sub-No. 60), filed as a common carrier, by motor vehicle, Market Street, St. Louis, Mo. Author March 23, 1965. Applicant: COMMER over irregular routes, transporting: ity sought to operate as a common car CIAL CARRIER CORPORATION, 502 Poultry equipment, from Vineland, N.J., rier, by motor vehicle, over irregular East Bridgers Avenue, Post Office Box 67-, to Springdale and Batesville, Ark., and routes, transporting: Syrups, sweeteners Aubumdale, Fla. Applicant’s attorney: Lubbock and Center, Tex. and blends, in bulk, in tank vehicles from Thomas F. Kilroy, Suite 1250, Federal Note: If a hearing is deemed necessary, Edinburg, Ind., to points in Indiana, Bar Building, 1815 H Street NW., Wash applicant requests it be held at Washington, Michigan, Ohio, Illinois, Pennsylvania, ington, D.C., 20006. Authority sought to D.C. Kentucky, West Virginia, and Wisconsin. operate as a common carrier, by motor vehicle, over irregular routes, transport No. MC 117119 (Sub-No. 205), filed Note: If a hearing is deemed necessary, ing: Meats, meat products and meat by March 18, 1965. Applicant: WILLIS applicant requests it be held at St. Louis, products, dairy products and articles dis SHAW FROZEN EXPRESS, INC., Elm Mo. tributed by meat packinghouses, as Springs, Ark. Applicant’s attorney: No. MC 115331 (Sub-No. 119), filed described in Sections A, B, and C of John H. Joyce, 26 North College, Fayette March 15, 1965. Applicant: TRUCK Appendix I to the report in Descriptions ville, Ark. Authority sought to operate TRANSPORT, INCORPORATED, 707 in Motor Carrier Certificates, 61 M.C.C. as a common carrier, by motor vehicle, Market Street, St. Louis, Mo.‘ Authority 209 and 766, from Dakota City, Nebr., to over irregular routes, transporting: sought to operate as a common carrier, points in Alabama, Georgia, Florida, Prepared foodstuffs requiring refrigera by motor vehicle, over- irregular routes, Tennessee, Mississippi, South Carolina, tion, from Denison, Tex., to points in transporting: Corn products, dry, from and North Carolina. Arkansas, Louisiana, Mississippi, Mis Mt. Vernon, Ind. to Millstadt, 111., St. Note: . If a hearing is deemed necessary, souri, and Mobile, Ala., and Pensacola, Louis, and Salem, Mo. applicant does not specify place of hearing. Fla. Note:. If a hearing is deemed necessary, Note: If a hearing is deemed necessary, applicant requests it be held at St. Louis, Mo. No. MC 115651 (Sub-No. 8), filed applicant requests it be held at Minneapolis, March 26, 1965. Applicant: KANEY Minn. No. MC 115331 (Sub-No. 120), filed TRANSPORTATION, INC., 1023 East March 24, 1965. Applicant: TRUCK Album Street, Freeport, HI., 61033. Ap No. MC 117119 (Sub-No. 206), filed TRANSPORT, INCORPORATED, 707 plicant’s representative: George S. Mul March 24, 1965. Applicant: WILLI'S Market Street, St. Louis, Mo. Authority lins, 4704 West Irving Park Road, Chi SHAW FROZEN EXPRESS, INC., Elm sought to operate as a common carrier, cago, 111., 60641. Authority sought to Springs, Ark. Applicant’s attorney: by motor vehicle, over irregular- routes, operate as a common carrier, by motor John H. Joyce, 26 North College, Fayette transporting: Acids, chemicals, fertilizer, vehicle, over irregular routes, transport ville, Ark. Authority sought to operate fertilizer solutions and fertilizer com ing: (1) Fertilizer, fertilizer materials as a common carrier, by motor vehicle, pounds, in bulk, from the plant site of and ingredients, and chemicals, liquid, in over irregular routes, transporting: Baby the National Phosphate Corporation lo bulk, in tank trailers, and (2) fertilizer, foods and baby supplies, from the plant cated near Hahnville, La., to points in fertilizer materials and ingredients, and site of Gerber Products Co., located at Alabama, Arkansas, Kentucky, Missis chemicals, dry, in bulk, in hopper trailers, Fort Smith, Ark., to points in New Mex sippi, those in Missouri on and south of from the site of the Apple River Chem ico and Colorado. the Missouri River, Oklahoma, Tennes ical Co., located about seven (7) miles Note: If a hearing is deemed necessary, see, and Texas. east of Galena, 111., to points in Illinois, applicant requests it be held at Albuquerque, N. Mex. Note: If a hearing is deemed necessary, Indiana, Iowa, Minnesota, Missouri, applicant requests it be held at St. Louis, South Dakota, and Wisconsin. No. MC 117686 (Sub-No. 49), filed Mo. or Chicago, 111. Note: If a hearing is deemed necessary, March 22, 1965. Applicant: HIRSCH- No. MC 115331 (Sub-No. 121), filed applicant requests it be held at Chicago, IU. BACH MOTOR LINES? INC., 3324 U.S. Highway 75 North, Post Office Box 417, March 24, 1965. Applicant: TRUCK No. MC 115841 (Sub-No. 227), filed TRANSPORT, INCORPORATED, 707 Sioux City, Iowa. Applicant’s attorney: March 17, 1965. Applicant: COLONIAL J. Max Harding, Box 2028, Lincoln, Nebr., Market Street, St. Louis, Mo. Authority REFRIGERATED TRANSPORTATION, sought to operate as a common carrier, INC., 1215 Bankhead Highway West, 68501. Authority sought to operate as a by motor vehicle, over irregular routes, Post Office Box 2169, Birmingham, Ala. common carrier, by motor vehicle, over transporting: Wood preservatives, in Authority sought to operate as a com irregular routes, transporting: Meats, bulk, from St. Louis, Mo., to Carbondale, meat products, meat byproducts, dairy mon carrier, by motor vehicle, over ir products, and articles distributed by meat regular routes, transporting: Foodstuffs, packinghouses and such commodities as Note: If a hearing is deemed necessary, from Council Bluffs, Iowa and Omaha, are used by meat, packers in the conduct applicant requests it be held at St. Louis, Mo. Nebr., to Nashville, Tenn., restricted to of their business when destined to and for No. MC 11533P (Sub-No. 121), filed traffic moving to Nashville, Tenn. for use by meat packers, as described in Sec March 24, 1965. Applicant: TRUCK storage-in-transit and subsequent move tions A, B, C, and D of Appendix I to the TRANSPORT, INCORPORATED, 707 ment beyond. report in Descriptions in Motor Carrier Market Street, St. Louis, Mo. Au Note: If a hearing is deemed necessary, Certificates, 61 M.C.C. 209 and 766 (ex thority sought to operate as a common applicant requests it be held at Nashville, cept hides and commodities in bulk in carrier, by motor vehicle, over irregular .Tenn. No. MC 116077 (Sub-No. 179), filed tank vehicles) , from points in Iowa to routes, transporting: Wood preservatives, March 22, 1965. Applicant: ROBERT points in Louisiana and Mississippi, and in bulk, from St. Louis, Mo., to Carbon- damaged and rejected shipments of the dale, 111. SON TANK LINES, INC., Post Office Box 9527, 5700 Polk Avenue, Houston, Tex., above commodities, on return. „ ** a hearing is deemed necessary, 77011. Applicant’s attorney: Thomas E. Note: If a hearing is deemed necessary, applicant requests it be held at St. Louis, Mo. James, 721 Brown Building, Austin, Tex., applicant requests it be held at Omaha, Nebr. 4580 NOTICES
No. MC 117686 (Sub-No. 50), filed Street, Latrobe, Pa. Applicant’s attor erate as a common carrier, by motor March 22, 1965. Applicant: HIRSCH- ney: Paul F. Sullivan, Barr Building* vehicle, over irregular routes, transport BACH MOTOR LINES, INC., 3324 U.S. 910 17th Street NW., Washington, D.C., ing: General commodities (except those Highway 75 North, Sioux City, Iowa. 20006. Authority sought to operate as a of unusual value, Classes A and B explo Applicant’s attorney: J. Max Harding, common carrier, by motor vehicle, over sives, household goods as defined by the Box 2028, Linqoln, Nebr., 68501. Au irregular routes, transporting: Malt bev Commission, commodities in bulk, and thority sought to operate as a common erages, in containers, and related adver those requiring special equipment), re carrier, by motor vehicle, over irregular tising material moving therewith, from stricted to traffic having an immediately routes, transporting: Meats, meat prod Newark, N.J., to Oil City and Erie, Pa. prior or immediately subsequent move ucts, meat byproducts, dairy products, Note: Applicant is also authorized to con ment by air, between Wichita Municipal articles distributed by meat packing duct operations as a contract carrier in Per Airport, Wichita, Kans., on the one hand houses, and such commodities as are m it MC 116564, therefore dual operations and, on the other, points in Butler, Cow used by meat packers in the conduct of may be involved. If a hearing is deemed ley, Harper, Harvey, Kingman, Marion their business when destined to and for necessary, applicant requests it be held at McPherson, Reno, Rice, Sedgwick, and use by meat packers, as described in Pittsburgh, Pa. Sumner Counties, Kans., and Kay Coun Sections A, B, C, and D of Appendix I No. MC 119531 (Sub-No. 36) (AMEND ty, Okla. to the report in Descriptions in Motor MENT) , filed March 9, 1965, published Note: If a hearing is deemed necessary, Carrier Certificates, 61 M.C.C. 209 and F ederal R egister issue March 31, 1965, applicant requests it be held at Wichita,' 766 (except hides and commodities in and republished as amended this issue. Kans. bulk, in tank vehicles), from Wichita, Applicant: DIECKBRADER EXPRESS, Kans., to points in Alabama, Georgia, INC., 5391 Wooster Road, Cincinnati, No. MC 123048 (Sub-No. 59), filed Louisiana, Mississippi, and Memphis, Ohio. Applicant’s attorney: Charles W. March 18, 1965. Applicant: DIAMOND Tenn. TRANSPORTATION SYSTEM, INC., Singer, 33 North La Salle Street, Chi 1919 Hamilton Avenue, Racine, Wis! Note: If a hearing is deemed necessary, cago, 111. Authority sought to operate Authority sought to operate as a common applicant requests it be held at Wichita, as a common carrier, by motor vehicle, Kans. carrier, by motor vehicle, over irregular over irregular routes, transporting: (1) routes, transporting: Tractors, tractor No. MC 118292 (Sub-No.. 8), filed Glass containers, from Streator, 111., to attachments, farm machinery and agri March 16, 1965. Applicant: BALLEN- Battle Creek and Detroit, Mich., and cultural implements and parts for com TINE PRODUCE, INC., Alma, Ark. Ap points in Indiana and Ohio, and (2) modities named above when moving inci plicant’s attorney: Leister M. Bridgeman, chemicals used in the manufacture of dental with units for which the parts are 1027 Woodward Building, Washington, glass containers, and paper and paper intended, from Atlanta, Ga., and points D.C., 20005. Authority sought to operate products, from points in Michigan, to within 10 miles thereof, to points in the as a. common carrier, by motor vehicle, Streator, 111., and Lawrenceburg, Ind. United States (except Alaska and Ha over irregular routes, transporting: Note: The purpose of this republication waii) , and rejected shipments, on return. is to more clearly show (2) above, in lieu Frozen foods, from Russellville, Ark., to Note: If a hearing is deemed necessary, points in Alabama, Georgia, Mississippi, of way published previously. If a hearing is deemed necessary, applicant requests it be applicant requests It be held at Washington, Florida, Louisiana, Tennessee, Texas, D.C., or Chicago, 111. Colorado, Oklahoma, Kansas, Missouri, held at Chicago, 111. Nebraska Iowa, Illinois, and Michigan. No. MC 119767 (Sub-No. 63), filed No. MC 123069 (Sub-No. 6), filed March 22, 1965. Applicant: BEAVER March 18, 1965. Applicant: ALLER & Note: Applicant holds contract carrier TRANSPORT CO., a corporation, 100 SHARP, INC., 817 West Fifth Avenue, authority In MC 118434, therefore dual op Columbus, Ohio. Applicant’s attorney: erations may be involved. If a hearing is South Calumet Street, Burlington, Wis. deemed necessary, applicant requests it be Applicant’s representative: Fred H. Figge Thomas F. Kilroy, 1815 H Street NW., held at Little Rock, Ark., or Washington, (same address as applicant). Authority Washington 6, D.C. Authority sought to D.C. sought to operate as a common carrier, operate as a common carrier, by motor vehicle, over irregular routes, transport No. MC 118535 (Sub-No. 21), filed by motor vehicle, over irregular routes, transporting: Feed and feed ingredients, ing: Foodstuffs (except commodities in March 18*1965. Applicant: JIMTIONA, bulk), from Champaign, 111., and points JR., 803 West Ohio Street, Butler, Mo. in bulk and in bags, from the plant sites of Darling & Co. located at Cedar Rapids, in the Champaign, 111., commercial zone, Applicant’s attorney: Tom B. Kretsinger, to points ip Ohio and West Virginia. Suite 510, Professional Building, Kansas Iowa, and at or near Alpha, Iowa, to City, Mo., 64106. Authority sought to points in Illinois, Minnesota, Missouri, Note: If a hearing is deemed necessary, Nebraska, and Wisconsin. applicant requests it be held at Washington, operate as a common carrier, by motor D.C. vehicle, over irregular routes, transport Note: If a hearing is deemed necessary, ing: (1) Dry fertilizer materials, dry fer applicant requests it be held at Chicago, 111. No. MC 123075 (Sub-No. 12), filed tilizer, and urea, from Pryor and Tulsa, No. MC 120073 (Sub-No. 4), filed March 15, 1965. Applicant: HARVEY Okla., to points in Delaware, Florida, March 12, 1965. Applicant: GREAT D. SHUPE AND HOWARD-YOST, a Georgia, Maryland, New Jersey, New PLAINS TRANSPORTATION COM partnership, doing business as SHUPE & York, North Carolina, Pennsylvania, PANY, a corporation, Holdrege, Nebr. YOST, 2721 Eighth Avenue, Greeley, South Carolina, Virginia, and West Vir Applicant’s attorney: Donald E. Leon Colo. Applicant’s attorney: Michael T. ginia and damaged, returned and re ard, Post Office Box 2028, Lincoln, Nebr., Corcoran, 1360 Locust Street, Denver, jected shipments, on return; and (2) 68501. Authority sought to operate as Colo., 80220. Authority sought to oper dry fertilizer materials, dry fertilizer, a common carrier, by motor vehicle, over ate as a contract carrier, by motor ve and urea, in bulk, from Atlas, Mo., to regular routes, transporting: General hicle, over irregular routes, transporting: points in Alabama, Arkansas, Colorado, commodities (except Classes A and B Animal and poultry mineral feed mix Illinois, Indiana, Iowa, Kansas, Ken explosives and those requiring special tures, from the warehouse of the Leslie tucky, Louisiana, Michigan, Minnesota, equipment), serving Wray, Colo., as an Salt Co. at Salt Lake City, Utah, and the Mississippi, Nebraska, New Mexico, off-route point in connection with ap plant site of the Leslie Salt Co. at Lake North Dakota, Oklahoma, South Dakota, plicant’s authorized regular-route opera Point, Utah, to points in Colorado, Wy Tennessee, Texas, and Wisconsin and tions. oming, that part of Nebraska on and damaged, returned and rejected ship west of U.S. Highway 83 and that part ments, on return. Note: If a hearing is deemed necessary, of South Dakota on and west of U-S. applicant requests it be held at Omaha, Highway 83, and exempt commodities, Note: If a hearing is deemed necessary, Nebr. applicant requests it be held at Kansas City, on return. Mo. No. MC 121567 (Sub-No. 1), filed Note: If a hearing is deemed necessary, March 19, 1965. Applicant: GREY applicant requests it be held at Denver, Colo. No. MC 119118 (Sub-No. 17), filed TRANSFER & STORAGE, INC., 647 East March 23, 1965. Applicant: LEWIS W. Indianapolis Street, Wichita, Kans., No. MC 123322 (Sub-No. 12), filed McCURDY AND MARGARET J. MC 67211, Applicant’s attorney: Russell S. March 8, 1965. Applicant: BEATTY CURDY, a partnership, doing business as Bernhard, 1625 K Street NW., Washing MOTOR EXPRESS, INC., Jefferson Ave McCURDY’S TRUCKING CO*, 571 Unity ton, D.C., 20006. Authority sought to op nue Extension, Washington, Pa. Apph- Thursday, April 8, 1965 FEDERAL REGISTER 4581 cant’s attorney: Henry M. Wick, Jr., 1515 Street, Newark, N.J., 07102. Authority bulk, from the plant site and facilities of Park Building, Pittsburgh, Pa., 15222. sought to operate as a common carrier, Johnson Lumber Co. located at or near Authority sought to operate as a common by motor vehicle, over irregular routes, Hermansville, Mich, to Tomahawk, carrier, by motor vehicle, over irregular transporting: Liquid and dry bulk com Rothschild, and Nekoosa, Wis. routes, transporting: Prefabricated modities, in tank and hopper-type vehi Note: Applicant states the above proposed houses (other than metal), in pieces or cles, from Camden and Jersey City, N.J., operations will be limited to a service to be sections, materials, equipment, and sup to points in Connecticut, Delaware, Dis performed under a continuing contract or plies used in the construction or sale trict of Columbia, Illinois, Indiana, contracts with Johnson Lumber Co., Her thereof, when moving to construction Maine, Maryland, Massachusetts, Michi mansville, Mich. If a hearing is deemed nec gan, New Hampshire, New Jersey, New essary, applicant requests it be held at Madi sites in the sam e vehicle at the same time son, Wis. as such prefabricated houses, from York, Ohio, Pennsylvania, Rhode Island, Eighty-Four, Pa., to points in New York Vermont, Virginia, and West Virginia. No. MC 125708 (Sub-No. 16), filed on and west of U.S. Highway 11, and Note: Applicant states the above authority March 11, 1965. Applicant: HUGH returned shipments of the commodities sought is to be restricted to shipments hav MAJOR, 150 Sinclair, South Roxana, 111. specified above, on return. ing a prior movement by railroad. No dupli Authority sought to operate as a common cating authority is sought. If a hearing is Note: Common control may be involved. carrier, by motor vehicle, over irregular deemed necessary, applicant requests it be routes, transporting: Iron and steel and If a hearing is deemed necessary, applicant held at New York, N.Y., or Washington, D.C. requests it be held at Washington, Pa. iron and steel articles, from Greenville, 111., to points in Illinois. No. MC 123502 (Sub-No. 14), filed No. MC 124211 (Sub-No. 30), filed March 16, 1965. Applicant: FREE March 18, 1965. Applicant: HILT Note: Applicant holds contract carrier au STATE STONE SERVICE, INC., 10 Ver TRUCK LINE, INC., 1813 Yolande Street, thority in MC 116434 and Subs, therefore Post Office Box 824, Lincoln, Nebr. Ap dual operations may be involved. If a non Avenue, Glen Bumie, Md. Appli plicant’s attorney: J. Max Harding, 605 hearing is deemed necessary, applicant re cant’s representative: Donald E. Free quests it be held at Chicago, 111. man, 172 East Green Street, Post Office South 14th Street, Post Office Box 2028, Box 880, Westminster, Md., 21157. Au Lincoln, Nebr. Authority sought to oper No. MC 125708 (Sub-No. 17), filed thority sought to operate as a common ate as a common carrier, by motor ve March 15, 1965. Applicant: HUGH carrier, by motor vehicle, over irregu hicle, over irregular routes, transporting: MAJOR, 150 Sinclair, South Roxana, 111. lar routes, transporting: (1) Ferrous Pipe, conduit and tubing, from Fairbury, Authority sought to operate as a common sulphate, moist (except when used as a 111. to points in Colorado, Kansas, Mon carrier, by motor vehicle, over irregular fertilizer and fertilizer material), in tana, Nebraska, New Mexico, North routes, transporting: Flooring and floor bulk, in dump vehicles, from Baltimore, Dakota, Oklahoma, South Dakota, Texas, covering, from Granite, 111., to points in Md. to points in Middlesex, Somerset, Utah and Wyoming, and damaged and Illinois, Indiana, Kentucky, and Wiscon Union, Essex and Hudson Counties, N. J., rejected shipments, on return. sin. and (2) lime and limestone products, in Note: If a hearing is deemed necessary, Note: Applicant holds contract carrier au bulk, in dump vehicles, from points hi applicant requests it be held at Des Moines, thority in MC 116434 and Subs, therefore Shenandoah County, Va., to points in Iowa. dual operations may be involved. If a hear Delaware, Connecticut, Maryland, New No. MC 124236 (Sub-No. 15), filed ing is deemed necessary, applicant requests Jersey, New York, Ohio, Pennsylvania, March 22, 1965. Applicant: CHEMICAL ' it be held at Chicago, 111. Virginia, West Virginia, and the District EXPRESS, INC., 305 Simons Building, No. MC 125722 (Sub-No. 10), filed of Columbia. Dallas 1, Tex. Applicant’s attorney: March 17, 1965. Applicant: GREAT Note: If a hearing is deemed necessary, William D. White, Jr., 2420 Republic WESTERN PACKERS EXPRESS, INC., applicant requests it be held at Washington, National Bank Building, Dallas 1, Tex. Box 16886, Denver, Colo. Applicant’s at D.C. Authority sought to operate as a common torney: Charles W. Singer, Tower Suite carrier, by motor vehicle, over irregular 3600, 33 North La Salle Street, Chicago, No.MC 123639 (Sub-No. 27) (AMEND routes, transporting: Cement, in bulk, 111. Authority sought to operate as a MENT) , filed March 1,1965, published in common carrier, by motor vehicle, over the Federal R egister March 25,1965, and from rail points in Colorado, New Mexico, amended March 26, 1965, and repub Kansas, Louisiana, and Oklahoma, to irregular routes, transporting: Dairy lished as amended this issue. Appli points in Colorado, New Mexico, Kansas, products and vegetable products, from cant: J. B. MONTGOMERY, INC., 5150 Louisiana, and Oklahoma, with prior points in Colorado, east of the Continent- Brighton Boulevard, Denver, Colo. Ap movement by rail from points in Texas. tal Divide, to points in Arizona. plicant’s attorney: Charles W. Singer, 33 Note: If a hearing is deemed necessary, Note: Applicant states no duplicative au North La Salle Street, Chicago, HI., 60602. applicant requests it be held at Dallas, Tex. thority is sought by the service as proposed Authority sought to operate as a common above. If a hearing is deemed necessary, No. MC 124951 (Sub-No. 8), filed applicant requests it be held at Denver, Colo. carrier, by motor vehicle, over irregular March 11, 1965. Applicant: WATHEN routes, transporting: Meat, meat prod TRANSPORT, INC., Post Office Box 237, No. MC 125813 (Sub-No. 2), filed ucts, and meat byproducts, dairy prod Henderson, Ky. Applicant’s attorney: March 23, 1965. Applicant: FRANK A. ucts, arid. articles distributed by meat Robert M. Pearce, 221 St. Clair Street, CRESSLER, doing business as CRESS- Packinghouses, and such commodities as Frankford, Ky. Authority sought to LER’S TRUCKING, Rural Delivery No. are used by meat packers in the conduct operate as a common carrier, by motor 3, Shippensburg, Pa. Applicant’s at of their business when destined to and vehicle, over irregular routes, transport torney: James W. Hagar, Commerce for use by meat packers, as described in ing: Fertilizer, from Nashville and Cen Building, Harrisburg, Pa. Authority Sections A, B, C, and D of Appendix I terville, Tenn., Louisville, Ky., and Wil sought to operate as a common carrier, to the report in Descriptions in Motor son Dam, Ala. to points in Illinois,.Indi by motor vehicle, over irregular routes, Carrier Certificates, 61 M.C.C. 209 and ana, and Kentucky. transporting: Soy bean oil meal, from 766 (except hides and commodities in Indianapolis and Frankfort, Ind., to in tank vehicles), from points in Note: Applicant is also authorized to con duct operations as a contract carrier in Per points in Cumberland and Franklin Dakota County, Nebr., to points in Ari m it MC 119309, therefore dual operations Counties, Pa. zona, Colorado, Hlinois, California, Mich may be involved. If a hearing is deemed Note: If a hearing is deemed necessary, igan, Ohio, Indiana, Iowa, and Kansas. necessary, applicant requests it be held at applicant requests it be held at Washington, Note: The purpose of this republication Louisville, Ky. D.C. ' to show the origin as points in Dakota wmnty, Nebr. instead of Dakota City, Nebr. No. MC 125512 (Sub-No. 3), filed No. MC 126422 (Sub-No! 2), filed „ a hearing is deemed necessary, applicant March 22, 1965. Applicant: RONALD March 22, 1965. Applicant: QUALITY requests it be held at Chicago, 111. DETJENS, 1315 Sherman Avenue, Wau TRANSPORT, INC., 3100 Intracoastal sau, Wis. Applicant’s attorney: Edward Drive, New Orleans, La. Applicant’s No. Me 123922 (Sub-No. 8), filed Solie, Executive Building, Suite 100, 4513 attorney: Clarence Rareshide, 2307 March 19, 1965. Applicant: CHARTER Vernon Boulevard, Madison 5, Wis. Au American Bank Building, New Orleans BULK SERVICE, INC., 72 St. Charles thority sought to operate as a contract 12, La. Authority sought to operate as treet, Newark, N.J. Applicant’s attor- carrier, by motor vehicle, over irregular a common carrier, by motor vehicle, over ey: Charles J. Williams, 1060 Broad routes, transporting: Wood chips, in irregular routes, transporting: Cement, 4582 NOTICES from points in Louisiana to points in hicle, over irregular routes, transport Mich., and the Detroit City Airport, lo Alabama and Florida. ing: Shippers materials and equipment cated in Detroit, Mich. for demonstration or display in an op Note: If a hearing is deemed necessary, Note: If a hearing is deemed necessary applicant requests it be held at New Orleans, erating display room with self-contained applicant requests it be held at Lansine La. power and air conditioning, except in a Mich. ** trailer designed to be drawn by a pas No. MC 126468 (Sub-No. 2). filed March senger automobile, between points in the No. MC 127043, filed March 5, 1965. 22, 1965. Applicant: DANIEL P. BEYEL, United States (except Alaska and Applicant: ELBERT W. CROW, doing doing business as D. P. BEYEL, Box Hawaii). business as CROW-TOW, 3615 South 253A, Erial Road, Blackwood, N.J. Ap east 3 1 st Street, Amarillo, Tex. Appli plicant’s representative: James H. Note: If a hearing is deemed necessary, applicant requests it be held at Los Angeles, cant’s attorney: Dale Winget, 419 West Sweeney, 902 Spruce Avenue, Oaklyn, Calif. 10th, Amarillo, Tex. Authority sought N.J. Authority sought to operate as a to operate as a contract carrier, by motor contract carrier, by motor vehicle, over No. MC 126890 (Sub-No. 1), filed vehicle, over irregular routes, trans irregular routes, transporting: Automo March 12, 1965. Applicant: FRANCIS porting: Housd trailers, designed to be tive parts (other than body parts), used L. SARGENT, doing business as ROY drawn by passenger automobiles, and or obsolete, for the accounts of Eastern SARGENT, 1491 Islington Street, Ports component parts thereof, when shipped Auto Body Co. and Green Spring Co., mouth, N.H. Applicant’s attorney: Rob therewith, by truckaway, or towaway between Philadelphia, Pa., and Turners- ert J. Gallagher, 111 State Street, Bos service, in initial movements, (a) from ville, N.J., on the one hand, and, on the ton, Mass. Authority sought to operate Carrollton, Mo., Arkansas City, and other, points in Alabama, Connecticut, as a common carrier, by motor vehicle, McPherson, Kans., Argos, Ind., and Delaware, District of Columbia, Florida, over irregular routes, transporting: Broken Arrow, Okla., to Amarillo, Tex., Georgia, Illinois, Indiana, Kentucky, Processed fish, from the ports on entry under a continuing contract with Fred Louisiana, Maine, Maryland, Massachu located on the international boundary Smith Mobile Homes, Amarillo, Tex., setts, Michigan, Mississippi, New Hamp line between the United States and Can (b) (1) from Newton, Kans., to Ama shire, New Jersey, New York, North ada located at or near Holton, Vance- rillo, Tex., and (2) between Amarillo, Carolina, Ohio, Pennsylvania, Rhode Is boro, Calais, and Bar Harbor, Maine, to Tex., and Albuquerque, N. Mex., under land, South Carolina, Tennessee, Vir points in Maine, New Hampshire, that a continuing contract with Christian ginia, Vermont, West Virginia, and Wis part of Massachusetts east of the Con son, Inc., doing business as Alamo consin, Kansas City, Kans., Kansas City, necticut River, Rhode Island, Connecti Trailer Sales, Amarillo, Tex., (c) from Mo., St. Louis, Mo., and Dallas, Tex. cut, the New York, N.Y., commercial Hutchinson, Kans., Chickasha, Okla., Note: Applicant states that the above zone, Essex and Union Counties, N.J., Omaha, and York, Nebr., and Oxnard, proposed transportation will include (a) in and the Philadelphia, Pa., commercial Calif., to Amarillo, Tex., under a con transit services of storage, banding, sorting, zone. tinuing contract with Rex Trailer Sales, marking or labeling, when required, and (b) Note: If a hearing is deemed necessary, Inc., Amarillo, Tex., (d) from Cabot, the furnishing of drivers experienced in the applicant requests it be held at Boston, Mass. Ark., to Amarillo, Tex., under a continu identification of automotive parts. If a ing contract with Prichard Mobile hearing is deemed necessary, applicant re No. MC 127000, filed February 17, quests it be held at Philadelphia, Pa. Homes, Amarillo, Tex., (e) (1) from 1965. Applicant: JILL HINTON, doing Newton, Kans., and Texarkana, Ark., to No. MC 126816 (Sub-No. 1) (CORREC business as GIL & SON TRANSPORT Amarillo, Tex., and (2) between Liberal, TION), filed March 8, 1965, published in ERS, Box 93, Camino, Calif., 95709. Au Kans., and Amarillo, Tex., under a con F ederal R egister issue o f March 25,1965, thority sought to operate as & common tinuing contract with Plains Mobile and republished as corrected this issue. carrier, by motor vehicle, over irregular Homes Co., Amarillo, Tex., and (f) from Applicant: BRADLEY AIR FREIGHT, routes, transporting: Mobile homes, be Newport, Ark., to Amarillo, Tex., under INC., 193 Turnpike Road, Windsor Locks, tween points in California, Oregon, a continuing contract with Tumbleweed Conn. Applicant’s attorney: Francis E. Nevada, Arizona, and Idaho. Mobile Homes, Amarillo, Tex. Barrett, Jr., 182 Forbes Building, Forbes Note: If a hearing is deemed necessary, Note : Applicant states the service as pro Road, Braintree, Mass., 02184. applicant requests it be held at Carson City, posed above, will include transportation of Nev. Note: The above-entitled application ap rejected shipments of the commodities spec peared in the March 25, 1965, issue of the No. MC 127018 (Sub-No. 1), filed ified, on return. If a hearing is deemed F ederal Register under the incorrect Docket March 18, 1965. Applicant: BOYD & necessary, applicant requests it be held at No. MC 126707 (Sub-No. 2). The purpose of ASSOCIATES, INC., 50 West North Amarillo, Tex. this republication is to correct applicant’s Street, Jackson, Mich. Applicant’s at No. MC 127061, filed March 11, 1965. docket number to MC—126816 (Sub-No. 1). torney: William B. Elmer, 22644 Gratiot Applicant: L. C. WALSON, Post Office No. MC 126822 (Sub-No. 2) (CORREC Avenue, Kaiser Building, East Detroit, Box 56, Dover, Idaho. Authority sought TION), filed January 14, 1965, published Mich., 48021. Authority sought to op to operate as a contract carrier, by motor F ederal R egister issue of February 3, erate as a common carrier, by motor vehicle, over irregular routes, transport 1965, and republished as corrected this vehicle, over irregular routes, transport ing: Treated poles, piling and bridge issue. Applicant: PASSAIC GRAIN & ing: (1) General commodities, moving timber between points in Washington, WHOLESALE CO., INC., Post Office Box in express service, from points in Jack- Idaho, Montana, and Oregon. 23, Passaic, Mo. Applicant’s attorney: son County, Mich., to ports of entry on Note: If a hearing is deemed necessary, Carll V. Kretsinger, Suite 510 Profes the international boundary line between applicant requests it be held at Spokane, sional Building, Kansas City, Mo., 64106. the United States and Canada at De Wash. Note: The purpose of this republication troit, Mich., and to Toledo, Clyde, Mar No. MC 127062, filed February 23,1965. is to show applicant’s change in name as ion, and Fostoria, Ohio; North Man Applicant: KARL MARKUS, doing busi Passaic Grain & Wholesale Co., Inc., in lieu chester and South Bend, Ind., and Chi ness as MARKUS TRUCKING, 810 of Eldon Corban, doing business as COBBAN cago, 111., and refused, damaged and re Mayor Magrath Drive, Lethbridge, Al TRUCK LINE. jected shipments, on return. (2) Gen berta, Canada. Applicant’s attorney: No. MC 126874 (Sub-No. 1), filed eral commodities, moving in air express J. F. Meglen, 207 Behner Building, 2822 service, restricted to shipments having Third Avenue North, Billings, Mont., March 19, 1965. Applicant: F. G. Mc- a prior or subsequent movement by air GAVOCK, J. A. LANGLOIS, AND C.. C. carrier, between points in Jackson 59101. Authority sought to operate as SNIDER, copartners, doing business as a common carrier, by motor vehicle, over County, Mich., on the one hand, and, on irregular routes, transporting: Farm ma F. G. McGAVOCK & ASSOCIATES, 3820 the other, the Detroit Metropolitan Air Colorado Boulevard, Pasadena, Calif. port located in Romulus Township, chinery and parts, between the port of Applicant’s attorney: R. Y. Schureman, Wayne County, Mich.; the Detroit Willow entry located on the international boun - 1010 Wilshire Boulevard, Los Angeles, Run Airport located in Ypsilanti Town ary line between the United States an Calif., 90017. Authority sought to op ship, Washtenaw County, Mich., and in Canada located at or near Sweetgrass, erate as a common carrier, by motor ve Van Buren Township, Wayne County, Mont., on the one hand, and, on tne Thursday, April 8, 1965 FEDERAL REGISTER 4583 other, points in Montana, Colorado, New If a hearing is deemed necessary, applicant Ford, Iroquois, and Vermilion Counties, Mexico, Texas, Oklahoma, Kansas, Ne requests it be held at Charlotte, N.C. 111., and rejected shipments, on return. braska, South Dakota, North Dakota, and No. MC 127078, filed March 17, 1965. Note: If a hearing is deemed necessary, Wyoming. Applicant: HARRY LEVINE, 3 Warren applicant requests it be held at Indianapolis, Ind. Note: If a hearing is deemed necessary, Street, Ellenville, N.Y. Applicant’s at applicant requests it be held at Billings, torney: John J. Brady, Jr., 75 State No. MC 127090, filed March 24, 1965. Mont. Street, Albany, N.Y. Authority sought Applicant: PACIFIC STORAGE, INC., No MC 127065, filed March 12, 1965. to operate as a contract carrier, by motor 1721 Jefferson Street, Tacoma, Wash. Applicant: YELLOW LTD., 35 Afterglow, vehicle, over irregular routes, transport Applicant’s attorney: George H. Hart, Verona, N.J. Applicant’s attorney: Eu ing: Pocket knives, and partially com 1100 IBM Building, Seattle, Wash., gene L. Cohn, One North La Salle Street, pleted parts thereof, uncrated, in open 98101. Authority sought to operate as a Chicago 2, 111. Authority sought to op tote boards and open tote boxes, between common carrier, by motor vehicle, over erate as a contract carrier, by motor ve Ellenville, N.Y., and Providence, R.I. irregular routes, transporting: House hicle, over irregular routes, transporting: Note: Applicant states the proposed serv hold goods, as defined by the Commis Gypsum, gypsum wallboard, gypsum ice to be in interplant operations under sion, between points in Grays Harbor, products and related articles, and build continuing contract with Ulster Knife Co., Mason, Pierce, and Thurston Counties, ing materials when accompanying a ship lnc. Applicant has common carrier author Wash., restricted to shipments having ity under MC 119370, therefore, dual opera prior or subsequent movement beyond ment of the aforesaid gypsum, gypsum tions may be involved. If a hearing is wallboard, gypsum products or related deemed necessary, applicant requests it be Washington, and further restricted to articles, and supplies and materials used held at Albany, N.Y. pickup and delivery service incidental to in the installation and distribution of and in connection with packing, crat the aforesaid commodities (except com No. MC 127080, filed March 17, 1965. ing and containerization or unpacking, modities in bulk), between the plant site Applicant: THE SPRINGDALE FARMS uncrating and decontainerization of PRODUCE COMPANY, INC., 71 North such shipments. of the Flintkote Co. at Camden, N.J., and & Backus, Post Office Box 152, Spring- points in Delaware, Connecticut, Mary Note: If a hearing is deemed necessary, land, Massachusetts, Pennsylvania, New dale, Ark. Applicant’s attorney: A. Alvis applicant requests it be held at Seattle, Hampshire, New York, Rhode Island, Lane, Pennsylvania Building, Washing Wash. Vermont, and Virginia, restricted to a ton, D.C. Authority sought to operate as a contract earner, by motor vehicle, No. MC 127091, filed March 22, 1965. transportation service to be performed Applicant: H. F. RODEHEAVER, doing under a continuing contract, or con over irregular routes, transporting: Foodstuffs, from the plant sites and stor business as THE RODEHEAVER COM tracts, with the Flintkote Co., East PANY, East Main, Kingwood, W. Va. Rutherford, N.J. age facilities of Springdale Farms Serv ice Co., Inc., located within the city limits Applicant’s attorney: Thomas W. Lewis, Note: If a hearing is deemed necessary, of Springdale, Ark., to points in Colo Kingwood, W. Va. Authority sought to applicant requests it be held at Chicago, 111., rado, Idaho, Illinois, Iowa, Kansas, Min operate as a common carrier, by motor or Washington, D.C. nesota, Missouri, Montana, Nebraska, vehicle, over irregular routes, transport ... No. MC 127070, filed March 15, 1965. North Dakota, Oklahoma, Oregon, South ing: Mobile homes, between points in Applicant: DAVID KAPLAN, 43 Joan Dakota, Utah, Washington, Wisconsin, Pennsylvania, Maryland, Ohio, Virginia, Drive, Yonkers, N.Y. Applicant’s attor and Wyoming, and foodstuffs and mate Kentucky, West Virginia, and the Dis ney: Morris Honig, 150 Broadway, New rials and supplies, used in the processing trict of Columbia. York 38, N.Y, Authority sought to op and packaging of foodstuffs, on return. Note; If a hearing is deemed necessary, erate as a contract carrier, by motor ve Note: Applicant states the proposed serv applicant requests it be held at Wheeling, hicle, over irregular routes, transporting: ice to be restricted to service perfqrmed un W. Va. New furniture, uncrated, lamps and der continuing contract for Springdale Farms No. MC 127092, filed March 22, 1965. lamp shades, between New York, N.Y., on Service Co., Inc., of Springdale, Ark. If a Applicant: GEORGE A. WHITNEY, 1065 the one hand, and, on the other, points hearing is deemed necessary, applicant re South Main Street, Torrington, Conn. in New Jersey and Connecticut. quests it be held at Washington, D.C. Authority sought to operate as a com Note: If a hearing is deemed necessary, - No. MC 127084, filed March 19, 1965. mon carrier, by motor vehicle, over ir applicant requests it be held at New York, Applicant: GEORGES CARRIERS, INC., regular routes, transporting: Repos N.Y. 62-47 60th Street, Ridgewood (Queens), sessed or disabled vehicles in truckaway No. MC 127076, filed March 15, 1965. N.Y. Applicant’s representative: George service, by use of vehicles equipped as Applicant: RANDALL L. SPROUSE A. Olsen, 69 Tonnele Avenue, Jersey City, wreckers, and by use of tilt body vehicles, AND LE ROY PACK, a partnership do N.J., 07306. Authority sought to operate between Torrington, Conn., on the one ing business as ASHEVILLE DELIVERY as a common carrier, by motor vehicle, hand, and, on the other, points in New Service, 299 Murdock Avenue, Ashe over Irregular routes, transporting: York, Massachusetts, Vermont, Rhode ville, N.C. Applicant’s attorney: A. W. Plumbing fixtures and supplies, from the Island, Maine, and New Hampshire. Flynn, Jr., 201-205 Jefferson Building, plant site of the Jamaica Manufacturing Co., Wyandanch, N.Y., to New York, N.Y., Note: If a hearing is deemed necessary, Greensboro, N.C. Authority sought to applicant requests it be held at Hartford, operate as a contract carrier, by motor on traffic having â subsequent movement Conn. vehicle, over irregular routes, transport out of state by other carriers. ing: Toilet preparations, tooth brushes, Note: If a hearing is deemed necessary, No. MC 127093, filed March 22, 1965. insecticides, arid bathroom and house applicant requests it be held at Washington, Applicant: BASIL J. SMEESTER AND hold sprays, and premiums consisting of D.C., or New York, N.Y. - JOSEPH G. SMEESTER, doing business general merchandise such as irons, as SMEESTER BROTHERS TRUCK blankets and similar items which are No. MC 127087, filed March 24, 1965. ING, 1330 South Jackson, Iron Moun shipper’s gifts to its dealers for their Applicant: GALE HERSHBERGER, tain, Mich. Applicant’s attorney: Wil sales efforts, from Asheville, N.C., to doing business as BUD’S TRUCKING liam B. Elmer, 22644 Gratiot Avenue, points in Cherokee, Graham, Clay, COMPANY, Veedersburg, Ind. Appli Kaiser Building, East Detroit, Mich., Swain, Buncombe, Macon, Jackson, Hay cant's attorney: Warren C.. Moberly, 48021. Authority sought to operate as wood, Transylvania, Madison, Hender 1212 Fletcher Trust Building, Indianap a contract carrier, by motor vehicle, over son, Yancey, Mitchell, McDowell, Ruth- olis, Ind. Authority sought to operate irregular routes, transporting: (1) Road n Polk> Avery, Burke, Watauga, as a contract carrier, by motor vehicle, building machinery and equipment, min Caldwell, Ashe, Alleghany, and Wilkes over irregular routes, transporting: ing machinery and equipment, quarry Counties, N.C. machinery and equipment, foundry ma Lumber, building supplies, plumbing, chinery and equipment, sand and gravel Note; Applicant states the service as pro- heating, and electrical supplies, from a*)OT.e to be restricted against the processing machinery and equipment, . sPortation of any parcel, package, or the site of Wickes Lumber Co. approxi material handling machinery and equip aracie weighing more than 70 pounds from mately IV2 miles northeast of Hillsboro, ment, cranes, graders, loaders, tractors, pnn«.-COnSisn°r any one location to one lnd. , on Indiana Highway 341 to points shovels, steel mill machinery and equip !gnee at any location on any one day. in Champaign, DeWitt, Douglas, Edgar, ment; railroad construction and mainte- 4584 NOTICES
nance machinery and equipment includ Pittsfield, Mass. Applicant’s attorney: and Hyland Boulevard, Staten Island ing switches, crossings, frogs, guard rails, Frank Daniels, 15 Court Square, Boston, N.Y., from junction Ross Avenue and Hy switch stands, rail braces, and other ma Mass., 02108. Authority sought to oper lan Boulevard over Hylan Boulevard to terials and supplies used in connection ate as a common carrier, by motor ve junction Arden Avenue, and return oyer with or incidental to the construction, hicle, over irregular routes, transporting: the same route, serving all intermediate repair and maintenance of railroads; Passengers and their baggage, in the points and (2) between junction Jewett logging equipment and machinery, pulp same vehicle with passengers, in special Avenue and Forest Avenue in or near and paper mill machinery and equip operations consisting of round trip, con Port Richmond, and junction Bay Street ment, pumps, valves, stokers, forge shop ducted sightseeing and pleasure tours, and Swan Street, in or near Tompkins- materials and supplies, fork lift trucks, beginning and ending at points in Berk ville, Staten Island, N.Y., from junction scrap metal processing equipment and shire County, Mass., and extending to Jewett Avenue and Forest Avenue over machinery, from Baraga, Mich., and Du points in Maine, New Hampshire, Ver Forest Avenue to junction Victory Boule luth, Minn., to points in the continental mont, Massachusetts, Rhode Island, Con vard, thence over Victory Boulevard to United States; and (2) parts, materials necticut, New York, New Jersey, Mary junction Bay Street, thence over Bay and supplies used in connection with the land, Pennsylvania, Florida, and the Street to junction Swan Street, thence manufacture or repair of the commodi District of Columbia. over Swan Street to junction Van Duzer ties described above in (1), (a) from Chi Note: If a hearing is deemed necessary, ap Street, thence over Van Duzer Street to cago, 111., Greenville, Ala., and Portland, plicant requests it be held at Pittsfield, junction Julian Street, thence over Julian Oreg., to Baraga, Mich., and Duluth, Mass. Minn., and (b) between Duluth, Minn., Street to junction Bay Street, thence over and Baraga, Mich. No. MC 113430 (Sub-No. 13), filed Bay Street to junction Swan Street, and March 15, 1965. Applicant: PROVI return over the same route, serving all N ote: Applicant states they will transport intermediate points. refused, rejected and damaged shipments, DENCE ARROW LINE, INC., Rohm 2211, on return in (1) and (2) (a) above, and be 625 8th Avenue, New York, N.Y. Appli Note: Applicant states the above pro tween specified points in (2) (b). Applicant cant’s attorney: John R. Sims, Jr., Post posed operations will be performed in further states the above proposed operations Office Box 9101, Arlington, Va., 22009. conjunction with operations authorized in will be performed under a continuing con Authority sought to operate as a com Certificate No. MC 118848 Sub 4, authorizing tract or contracts with Pettibone Mulliken mon carrier, by motor vehicle, over regu operations between the Borough of Rich Corp. and its divisions and subsidiary com mond, N.Y. and the Borough of Manhattan, lar routes, transporting: Passengers and N.Y., through New Jersey. If a hearing is panies. If a hearing is deemed necessary, their baggage, and express and news applicant requests it be held at Lansing, deemed necessary, applicant requests it be Mich. papers, in the same vehicle with pas held at Newark, N. J. sengers (1) between junction U.S. High No. MC 127096, filed March 15, 1965. way 7 and Connecticut'Highway 35 north No. MC 124372 (Sub-No. 7), filed Applicant: HENNES TRUCKING CO., a of Ridgefield, Conn., and White Plains, March 11, 1965. Applicant: BROWN’S corporation, 320 South 19th Street^ Mil N.Y.; from junction U.S. Highway 7 and CONNECTICUT AIRPORT SERVICE, waukee, Wis. Applicant’s attorney: Paul Connecticut Highway 35 over U.S. High INC., Eastbound Railroad Station, Stam P. Beery, 44 East Broad Street, Colum way 7 to junction U.S. Highway 1 (also ford, Conn. Applicant’s representative: bus, Ohio, 43215. Authority sought to from Ridgefield over Connecticut High Charles H. Trayford, 220 East 42d Street, operate as a common carrier, by motor way 33 to junction U.S. Highway 7, New York 17, N.Y. Authority sought to vehicle, over irregular routes, transport thence over U.S. Highway 7 to junction operate as a common carrier, by motor ing: Cement, from Boardman, Mahoning U.S. Highway 1), thence over U.S. High vehicle, over irregular routes, transport County, Ohio, to points in Pennsylvania way 1 (Connecticut Avenue) to junction ing: Passengers and their baggage, and t and West Virginia. pets, limited to the transportation of Connecticut Highway 123 (New Canaan not more than 11 passengers in any one N ote: Applicant is also authorized to con Ave.), thence over Connecticut Highway vehicle, not including the driver thereof, duct operations as a contract carrier in Per 123 to junction Interstate Highway 95 m it MC 111862 and subs, therefore dual op (Connecticut Turnpike) at Interchange in special operations, between Bridge erations may be involved. If a hearing is No. 15, thence over Interstate Highway port, Conn., on the one hand, and, on the deemed necessary, applicant requests it be 95 (Connecticut Turnpike) to the Con other, Kennedy International Airport held at Columbus, Ohio. and LaGuardia Airport, New York, N.Y., necticut-New York State line, thence restricted to the transportation of pas MOTOR CARRIERS OF PASSENGERS over Interstate Highway 95 (New Eng land Thruway or New England Section sengers having a prior or subsequent No. MC 96318 (Sub-No. 8), filed March New York State Thruway) to junction movement by air. 24, 1965. Applicant: YELLOW COACH Cross Westchester Expressway at Inter N ote: If a hearing is deemed necessary, LINES, INC., 19 Center Street, Pittsfield, change No. 13, thence over Cross West applicant requests it be held at New York, Mass. Applicant’s attorney: Frank Dan chester Expressway to White Plains, and N.Y. iels, 15 Court Square, Boston, Mass., return over the same route, serving all No. MC 125569 (Sub-No. 12), filed 02108. Authority sought to operate as intermediate points, and (2) between March 24, 1965. Applicant: VALLEY a common carrier, by motor vehicle, over Pound Ridge, N.Y. and Darien, Conn.; TRANSPORTATION COMPANY, a cor irregular routes, transporting: Passen from Pound Ridge over New York High poration, 829 State Street, Lemoyne, Pa. gers and their "baggage, in the same ve way 394 to the New York-Connecticut Applicant’s attorney: S. Harrison Kahn, hicle with passengers, limited to the State line, thence over Connecticut 733 Investment Building, Washington, transportation of not more than eleven Highway 29 to Exit 9, Interstate High D.C. Authority sought to operate as a (11) passengers in any one vehicle, not way 95 at or near Darien, and return common carrier, by motor vehicle, over including the driver thereof and not in over the same route, serving all inter irregular routes, transporting: Passen cluding children under ten (10) years of mediate points. gers and their baggage, in special opera age who do not occupy a separate seat N ote: If a hearing is deemed necessary, tions during the authorized racing season or seats, beginning and ending at points applicant requests it be held at Hartford, of each year, (1) beginning and ending at in Berkshire County, Mass., and extend Conn. Lancaster, Pa., and extending to the Pim ing to New York, N.Y. No. MC 118848 (Sub-No. 9), filed lico Race Course, Baltimore, Md., (2) N ote: Applicant states that in Certificate March 19, 1965. Applicant: DOMEN beginning and ending at Lancaster, Pa., MC 96318, Sub 4, it is authorized operations ICO BUS SERVICE, INC., 764 Kennedy and extending to the Laurel Race Course, similar to those hereinbefore described, but Boulevard, Bayonne, N.J. Applicant’s Laurel, Md., (3) beginning and ending at limited to seven (7) passengers. If the above attorney: Charles J. Williams, 1060 application is approved, applicant states it Broad Street, Newark, N.J., 07102. Au Lancaster, Pa., and extending to the will surrender its\ present certificate, MC thority sought to operate as a common Timonium Race Course, Timonium, Md., 96318, Sub 4. If a hearing is deemed neces carrier, by motor vehicle, over regular (4) beginning and ending at Lancaster, sary, applicant requests it be held at Pitts Pa., and extending to Hagerstown Race field, Mass. routes, transporting: Passengers and their baggage, in the same vehicle with Course, Hagerstown, Md., (5) beginning No. MC 96318 (Sub-No. 9), filed passengers, (1) between junction Ross and ending at Lancaster, Pa., and ex March 24, 1965, Applicant: YELLOW Avenue and Hylan Boulevard in or near tending to Bowie Race Course, Bowie, COACH LINES, INC., 19 Center Street, New Dorp, and junction Arden Avenue Md., (6) beginning and ending at Lan- No. 67------9 Thursday, April 8, 1965 FEDERAL REGISTER 4585
caster, Pa., and extending to Charles South Vernal Avenue, Vernal, Utah. Applications in W hich H andling W it h Town Race Track and Shenandoah Applicant’s attorney: Irene Warr, 419 out O ral H earing H as B een R equested Downs Race Track, Charles Town, W. Judge Building, Salt Lake City 11, Utah. Va., (7) beginning and ending at Lan Authority sought to operate as a common MOTOR CARRIERS OF PROPERTY caster, Pa., and extending to Delaware carrier, by motor vehicle, over regular No. MC 1375 (Sub-No. 11), filed March Park Race Course, Stanton, Del., and routes, transporting: Passengers and 1, 1965. Applicant: BELL LINES, INC., (8) beginning and ending at Lancaster, their baggage and express in the same 6414 McCorkle Avenue SE., Charleston 4, Pa., and extending to . Marlboro Race vehicle with passengers, (1) between W. Va. Applicant’s attorney: Francis W. Track, Marlboro, Md. Vernal, Utah and Green River, Wyo., Mclnerny, 1000 Sixteenth Street NW., Washington, D.C., 20036. Authority Note: If a nearing is deemed necessary, from Vernal over Utah Highway 44 to applicant requests it be held at Harrisburg, junction Utah Highway 43, thence over sought to operate as a common carrier, Pa. Utah Highway 43 to the Utah-Wyoming by motor vehicle, over regular routes, State line, thence over Wyoming High transporting: (A) General commodities No. MC 125569 (Sub-No. 13), filed way 530 to Green River, and return (except those of unusual value, and ex March 22, 1965. Applicant: VALLEY over the same route, serving all inter cept Classes A and B explosives, live TRANSPORTATION COMPANY, a cor mediate points, (except Linwood and stock, commodities in bulk, and those poration, 829 State Street, Lemoyne, Pa. Manila, U tah); (2) between Linwood, requiring special equipment), Part I— Applicant’s attorney: S. Harrison Kahn, Utah and the Flaming Gorge Dam site Request for off-route authority in con Suite 733 Investment Building, Wash near Linwood and Manila, Utah, over nection with applicant’s existing regular- ington, D.C. Authority sought to operate unnumbered highway, serving all inter routes: (1) between Indianapolis, Ind., as a common carrier, by motor vehicle, mediate points (except Linwood and and Winston-Salem, N.C.; (a) from In over regular routes, transporting: Pas Manila, Utah); (3) between junction dianapolis over U.S. Highway 40 to sengers and their baggage, and express, Utah Highway 44 and unnumbered high Richmond, Ind., thence over U.S. High mail and newspapers in the same vehicle way near Green Lake, Utah and Flaming way 35 via Chillicothe and Gallipolis, with passengers, (1) between Harrisburg Gorge Dam site, near Linwood and Ohio to Charleston, W. Va., thence over and Marysville, Pa., from Harrisburg Manila, Utah, over unnumbered high U.S. Highway 60 to Clifton Forge, Va., over city streets to bridges across the way, serving all intermediate points (ex thence over U.S. Highway 220 to Madi Susquehanna River, thence over bridges cept Linwood and Manilla, Utah); (4) son, N.C., and thence over U.S. Highway to U.S. Highway 11, thence over U.S. between Rock Spring, Wyo. and Flaming 311 to Winston-Salem* and return over Highway 11 to junction U.S. Highways Gorge Dam site, near Linwood and Ma the same route, serving all intermediate 11 and 15, thence over U.S. Highways 11 nila, Utah, over unnumbered highway, points and points in the following coun and 15 to Marysville, and return over serving all intermediate points (except ties or portions thereof as off-route the same route, serving all intermediate Linwood and Manila, Utah). points: (A) Marion, Hancock, Henry, points; (2) between Harrisburg and Car and Wayne, Ind. located on and south of lisle, Pa., from Harrisburg over city Note: Common control may be Involved. If a hearing is deemed necessary, applicant U.S. Highway 40, (B) Preble, Montgom streets to bridges across the Susque requests it be held at Vernal, Utah. ery, Greene, Fayette, Ross, Jackson, and hanna River, thence over bridges to U.S. Gallia, Ohio, (C) Mason, Putnam, Ka Highway 11, thence over U.S. Highway A pplications for B rokerage Licenses nawha, Fayette, and Greenbrier, W. Va., 11 to Carlisle, and return over the same MOTOR CARRIERS OF PASSENGERS (D) Botetourt, Roanoke, Franklin, and route, serving all intermediate points; Henry, Va. and points in Allegheny, Va. and (3) between Harrisburg and Harris No. MC 12888 (Sub-No. 1), filed March on and south of U.S. Highway 60, and burg Greater Airport, New Cumberland, 15, 1965. Applicant: MARY ANN SAT- (E) Rockingham, Stokes, Forsyth, Guil Pa., from Harrisburg over city streets to TERWHITE, CHARLOTTE EDWARDS ford, Davie, Davidson, and Yadkin, N.C., bridges across the Susquehanna River, ANDERSON, AND CATHERINE and (b) between Indianapolis and Win thence over bridges to U.S. Highway 11, BROMELEY DAGGETT, doing business ston-Salem, over U.S. Highway 52, via thence over U.S. Highway 11 to junction as, EMERY TRAVEL SERVICE, Hotel Cincinnati and Portsmouth, Ohio, Hun Bridge Street, New Cumberland, Pa., Emery, Bradford, Pa. Applicant’s at tington, W. Va., and Wytheville, Va., thence over Bridge Street to junction Old torney: Philip M. Browning, Jr., 1515 serving all intermediate points and points York Road, thence over Old York Road Park Building, Pittsburgh, Pa., 15222. in the following counties or portions to junction Market Street, thence over For a license (BMC 5) to engage in op thereof as off-route points: (A) points Market Street to Greater Harrisburg Air erations as a broker at Bradford, Pa., in in Marion and Hancock (south of U.S. port Terminal, and return over the same arranging for transportation, by motor Highway 40 and east of U.S. Highway route, serving all intermediate points. vehicle, in interstate or foreign com merce, of Passengers and their baggage, 31) arid Shelby, Franklin, Rush, and Note: If a hearing is deemed necessary, Dearborn, Ind., (B) Hamilton, Clermont, applicant requests it be held at Harrisburg, both of individuals and in groups for pleasure, educational and sight-seeing Brown, Adams, Scioto, and Lawrence, trips, in charter and special operations Ohio, (C) Cabell, Wayne, Mingo, Wyo No. MC 125707 (Sub-No. 1), filed arid round-trip all-expense tours, begin ming, McDowell, and Mercer, W. Va., (D) March 18, 1965. Applicant: SQUAM- ning and ending at points in Elk, Cam Bland, Wyth, and Carroll, Va., and (E) ISH COACH LINES, LTD., Squamish, eron, Potter and McKean Counties, Pa. Surry, Stokes, Guilford, Forsyth, Yadkin, British Columbia, Canada. Applicant’s and extending to points in the United Davie, Davidson, and Rockingham, N.C., representative: J. Stewart Black, 1322 States, including Alaska and Hawaii. (2) between Cleveland, Ohio and Laburnum Street, Vancouver 9, B.C., No. MC 12947, filed March 12, 1965. Charleston, W. Va., over U.S. Highway Canada. Authority sought to operate Applicant: THE BEREA BUS LINE CO., 2Ì, via Marietta, Ohio, and Parkersburg, as a common carrier, by motor vehicle, a corporation, 36 South Rocky River W. Va., serving all intermediate points over irregular routes, transporting: Drive, Berea, Ohio. Applicant’s attor and points in the following counties as Passengers and their baggage, in the ney: S. Harrison Kahn, Suite 733 In off-route points: same vehicle with passengers, in round vestment Building, Washington, D.C. (A) Cuyahoga, Lorain, Medina, Lake, J:1*?. charter operations, beginning and For a license (BMC 5) to engage in op Geauga, Summit, Portage, Stark, Tus aing at ports of entry on the inter- erations as a broker at Berea, Ohio, in carawas, Guernsey, Noble, and Washing national boundary line between the arranging for the transportation in in ton, Ohio, and (B)s Wood, Pleasants, united States and Canada located in terstate or foreign commerce by motor Ritchie, Wirt, Jackson, Kanawha, Put Washington, and extending to points in nam, Clay, Roane, Lincoln, Boone, and wastungtan, Oregon, California, Nevada, vehicle of passengers and their baggage, Fayette, W. Va., (3) between Cleveland a-nd Colorado. both as individuals and groups, in (1) and Marietta, Ohio; from Cleveland over special, charter and regular route opera Ohio Highway 3 to Wooster, Ohio, thence a hearing is deemed necessary, apphcant requests it be held at Seattle, tions, and (2) all-expense tours, be over Ohio Highway 76 to Coshocton, tween points in the United States. Ohio, thence over Ohio Highway 16 to Note : Applicant is also authorized to con junction Ohio Highway 77, and thence AnnLM(t 126880’ med January 11, 1965. duct operations as a common carrier of pas over Ohio Highway 77 to Marietta, and Applieant; VICTOR WILKINS, doing sengers in Certificate MC 8387 and sub, there return over thè same route, serving all usmess as VERNAL BUS LINES, 343 fore dual operations may be involved. intermediate points and off-route points 4586 NOTICES
In Cuyahoga, Lorain, Medina, Lake, 11, and thence over U.S. Highway 11 to over the same route, serving all inter Geauga, Wayne, Holmes, Coshocton, Fort Chiswell, and return over the same mediate points and points in Wood, Muskingum, Morgan, and Washington route, serving all intermediate points and Pleasants, Ritchie, Wirt, Jackson, Dodd Counties, Ohio, (4) between Pittsburgh, points in the following counties as off- ridge, Harrison, Taylor, Barbour, and Pa. and Wytheville, Va.; from Pittsburgh route points: Randolph Counties, W. Va., as off-route over U.S. Highway 22 to Weirton, W. Va., (A) Mercer, W. Va., and (B) Giles, points, (c) from Spencer over U.S. High thence over West Virginia Highway 2 Pulaski, and Carroll, Va., (10) between way 119 to . Buckhannon, thence over via Wheeling, W. Va. to Parkersburg, W. points in North Carolina as follows; (a) West Virginia Highway 4 to Elkins, and Va., thence over U.S. Highway 21 via from Charlotte over U.S. Highway 21 to return over the same route, serving all Charleston, Beckley and Princeton, W. Elkin, thence over North Carolina High intermediate points and points in Roane, Va., to Wytheville, and return over the way 268 to junction U.S. Highway 601, Calhoun, Gilmer, Lewis, Upshur, and same route, serving all intermediate and thence over U.S, Highway 601 to Randolph Counties, W. Va., as off-route points and points in the following coun Mount Airy, and return over the same points. (14) between points 4n Ohio as ties as off-route points; (A) Allegheny, route, serving all intermediate points and follows: (a) between Portsmouth and Beaver, Butler, Armstrong, Westmore points in Mecklenburg, Gaston, Union, Columbus, over U.S. Highway 23, serving land, and Washington, Pa., (B) Han Cabarrus, Iredell, Yadkin, and Surry all intermediate points and points in cock, Brooke, Ohio, Marshall, Wetzel, Counties, N.C., as off-route points, (b) Scioto, Pike, Ross, Pickaway, Franklin, Tyler, Pleasants, Wood, Ritchie, Wirt, from Charlotte over U.S. Highway 29 via Madison, Union, Delaware, Licking, and Jackson, Kanawha, Putnam, Clay, Salisbury, Lexington, and High Point to Fairfield Counties, Ohio, as off-route Roane, Lincoln, Boone, Fayette, Raleigh, Greensboro, thence over U.S. Highway 70 points, (b) between Piketon and Hills Mercer, McDowell, Wyoming, Monroe, to Durham, and return over the same boro over Ohio Highway 124, serving all and Summers, W. Va., and (C) Tazewell, route, serving all intermediate points and intermediate points and points in Pike Bland, and Wythe, Va., (5) between points in Mecklenburg, Gaston, Union, and Highland Counties, Ohio, as off- Pittsburgh, Pa. and Charleston, W. Va.; Cabarrus, Rowan, Davidson, Guilford, route points, and (c) from Cincinnati from Pittsburgh over U.S. Highway 19 Alamance, Orange, and Durham Coun over U.S. Highway 50 via Chillicothe to via Washington, Pa. and Weston, W. Va., ties, N.C., as off-route points, Gc) from Londonderry, thence over unnumbered to Sutton, W. Va., thence over West Vir Charlotte over U.S. Highway 29 to Gas highways to Richmond Dale, and return ginia Highway 4 to Charleston, and re tonia, thence over U.S. Highway 321 to over the same route, serving all inter turn over the same route, serving all in Conover, thence over U.S. Highway 70 mediate points and points in Hamilton, termediate points and points in the fol to Statesville, thence over U.S. Highway Butler, Warren, Clermont, Brown, High lowing counties as off-route points: 64 to Mocksville, thence over U.S. High land, and Ross Counties, Ohio, as off- (A) Allegheny, Beaver, Butler, Arm way 158 to Winston-Salem, and thence route points. strong, Westmoreland, Fayette, Wash over U.S. Highway 421 to Greensboro, (B) General commodities (except ington, and Greene, Pa., and (B) Monon" and return over the same route, serving those of unusual value, household goods galia, Marion, Taylor, Harrison, Lewis, all intermediate points and points in as defined by the Commission, commodi Braxton, Clay, Kanawha, Putnam, Mecklenburg, Gaston, Union, Cabarrus, ties in bulk, commodities requiring spe Roane, Lincoln, Boone, and Fayette, W. Lincoln, Catawba, Davie, Forsyth, Stokes, cial equipment, and those injurious or Va., (6) between Washington, Pa. and Rockingham, Guilford, and Davidson contaminating to other lading), (1) be Wheeling, W. Va., over U.S. Highway 40, Counties, N.C., as off-route points, (d) tween Charlotte, N.C., and Rock Hill, serving all intermediate points and points between Winston-Salem and Lexington, S.C., over U.S. Highway 21, serving all in Washington County, Pa., and Ohio N.C., over U.S. Highway 52, serving all intermediate points and points in the fol County, W. Va., (7) between Charles intermediate points and points in For lowing counties as off-route points:. (a) ton and Beckley, W. Va.: From Charles syth, Stokes, Rockingham, Guilford, Mecklenburg, Gaston, Lincoln, Cabarrus, ton over U.S. Highway 119 via Marmet, Yadkin, Davie and Davidson Counties, and Union, N.C., and (b) York, S.C., (2) W. Va., to Racine, W. Va., thence over N.C., as off-route points, and (e) between between junction U.S. Highway 21 and West Virginia Highway 3 to Beckley, and Winston-Salem and High Point, N.C., unnumbered highway (North of Rock return over the same route, serving all in over US. Highway 311, serving all inter Hill, S.C.) and Red River Mills (Red termediate points and points in Kana mediate points and points in Forsyth, River, S.C.), over unnumbered highway, wha, Putnam, Clay, Roane, Lincoln, Stokes, Rockingham, Guilford, Yadkin, serving all intermediate points and Boone, and Raleigh Counties, W. Va., as Davie, and Davidson Counties, N.C., as points in York County, S.C., as off-route off-route points, (8) between Charleston, off-route points, (11) between Jenkins, points, (3) between points in South Caro W. Va., and Wytheville, Va.; from Ky., and Kermit, W. Va.; from Jenkins lina, as follows: (a) between Rock Hill Charleston over U.S. Highway 60 via over U.S. Highway 119 to Whitesburg, and Great Falls, over U.S. Highway 21, Huntington, W. Va., to Ashland, Ky., Ky., thence over Kentucky Highway 15 (b) from Rock Hill over South Carolina thence over U.S. Highway 23 via Paints- to Jackson, Ky., thence over Kentucky Highway 5 to York, thence over U.S. ville, Pikeville, and Jenkins, Ky., to Highway 30 to Salyersville, Ky., and Highway 321 to Clover, and return over Norton, Va., thence over Virginia High thence over Kentucky Highway 40 via the same route, (c) from Rock Hill over way 70 to St. Paul, Va., thence over Vir Paintsville, Ky., to Kermit, and return South Carolina Highway 72 to Chester, ginia Highway 64 via Dickensonville, Va., over the same route, serving all inter thence over South Carolina Highway 9 to Hansonville, Va., thence over U.S. mediate points and points in the follow to Lancaster, and return over the same Highway 19 to Abingdon, Va., and thence ing counties as off-route points: route, (d) between junction South Caro over U.S. Highway 11 to Wytheville, and (A) Letcher, Knott, Perry, Breathitt, lina Highway 72 and 901 and junction return over the same route, serving all Magoffin, Johnson, and Martin, Ky., and South Carolina Highway 9, over South intermediate points and points in the (B) Mingo, W. Va., (12) between Pike Carolina Highway 901, (e) between Bas- following counties as off-route points: ville, Ky., and Racine, W. Va.; over U.S. comville and Great Falls, over South (A) Kanawha, Putnam, Lincoln, Boone, Highway 119, serving all intermediate Carolina Highway 99, serving all inter Fayette, Clay, Roane, Jackson, Cabell, points and points in the following coun mediate points and points in York, and Wayne, W. Va., (B) Boyd, Greenup, ties as off-route points: (a) Pike, Ky., Chester, and Lancaster Counties, S.C., as Carter, Lawrence, Johnson, Floyd, Pike, and (b) Mingo, Logan, and Booner, W. off-route points in (a) through (e) above, and Letcher, Ky., and (C) Wise, Russell, Va., (13) between points in West Vir (C) General commodities (except those Washington, Smyth, and Wythe, Va., (9) ginia as follows: (a) Between Parkers of unusual value, Classes A and B ex burg and junction West Virginia High plosives, household goods as defined by between Princeton, W. Va., and Fort the Commission, commodities in bulk, Chiswell, Va.; from Princeton over U.S. ways 14 and 4, via Spencer over West commodities requiring special equipment, Highway 219 to junction Virginia High Virginia Highway 14, serving all inter and those injurious or contaminating to way 8, thence over Virginia Highway 8 to mediate points and points in Wood, other lading). . Pearisburg, Va., thence over Virginia Pleasants, Ritchie, Wirt, Jackson, Roane, (1) Between Mount Airy, N.C., ana Highway 100 to junction Virginia High and Kanawha Counties, W. Va., as off- Galax, Va.; from Mount Airy over Busi way 8, thence over Virginia Highway 8 route points, (b) from Parkersburg over ness Route U.S. Highway 52 (former y to Draper, Va., thence over Virginia U.S. Highway 50 to Grafton, thence over portion U.S. Highway 52) to junction Highway 101 to junction U.S. Highway U.S. Highway 250 to Norton, and return U.S. Highway 52, thence over U.S. Hign- Thursday, April 8, 1965 FEDERAL REGISTER 4587 way 52 to Hillsville, Va., thence over U.S. to Greenville, and return over the same over U.S. Highway 70, (30) between Highway 221 to Galax, and return over route, (14) between Anderson and Clem- Asheville and Kings Mountain, N.C., over the same route, (2) between the North son, S.C., over South Carolina Highway U.S. Highway 74, (31) between Char Carolina-Virginia State line and Galax, 28. lotte and New London, N.C.; from Char Va.; from the North Carolina-Virginia (15) Between Anderson and Green lotte over North Carolina Highway 27 to State line over U.S. Highway 21 to Inde ville, S.C.; over South Carolina Highway Albemarle, N.C., and thence over North pendence, Va., thence over U.S. High 20, (16) between Cheraw, S.C., and Mon Carolina Highway 740 to New London, way 221 to Galax, and return over the roe, N.C.; from Cheraw over South Caro and return over the same route, (32) same route, (3) between the North Caro lina Highway 9 to Pageland, S.C., and between Greensboro, N.C. and Clifton lina-Virginia State line and Galax, Va., thence over U.S. Highway 601 to Mon Forge, Va.; from Greensboro over U.S. over Virginia Highway 89, serving all in roe, and returnUver the same route, (17) Highway 29 to Lynchburg, Va., thence termediate points and points in the fol between Cheraw, S.C. and Laurinburg, over-U.S. Highway 501 to Buena Vista, lowing counties as off-route points: (a) N.C.; from Cheraw over South Carolina Va., and thence over U.S. Highway 60 Surry, N.C., and (b) Carroll and Gray Highway 9 to Bennettsville, S.C.', and to Clifton Forge, and return over the son, Va., and (D) General commodities thence over U.S. Highway 401 to Laurin same route, (33) between Hillsboro, N.C. (except those of unusual value, high ex burg, and return over the same route, and Danville, Va.; from Hillsboro over plosives, household goods as defined by (18) between Chester, and Spartanburg, North Carolina Highway 86 to the North the Commission, commodities in bulk, S.C., over South Carolina Highway 9, Carolina-Virginia State line, thence over commodities requiring special equipment, (19) between Clover, S.C., and Gastonia, Virginia Highway 86 to Danville, and re and those injurious or contaminating to N.C., over U.S. Highway 21, serving all turn over the same route, (34) between other lading), between Independence, intermediate points on the routes speci Mount Airy, N.C. and the North Va., and Wytheville, Va., over U.S. High fied in (1) through (19) above and all Carolina-Virginia State line, over North way 21, serving all intermediate points off-route points in South Carolina. RE Carolina Highway 89, (35) between and points in Grayson and Wythe Coun STRICTION: Service will be restricted Asheville, N.C. and Kingsport, Tenn., ties, Va., as off-route points. (A) General to traffic moving to, from, or through over U.S. Highway 23, (36) between commodities (except those of unusual points in North Carolina. (B) General Danville and Bassett, Va.; from Dan value, Classes A and B explosives, house commodities (except those of unusual ville over U.S. Highway 58 to Martins hold goods as defined by the Commission, value, and except dangerous explosives, ville, and thence over Virginia Highway commodities in bulk, commodities re livestock, commodities in bulk, and those 57 to Bassett, and return over the same quiring special equipment, and those in requiring special equipment). route. jurious or contaminating to other ROUTES IN NORTH CAROLINA, (37) Between Lynchburg, and Bedford, lading). VIRGINIA, KENTUCKY AND TENNES Va., over Virginia Highway 297, (38) Part II—Request for conversion SEE: (20) between Charlotte, and between Lynchburg and Draper, Va.; from irregular route authority to addi Lincolnton, N.C.? over North Carolina from Lynchburg over U.S. Highway 460 tional regular routes and off-route au Highway 27, (21) between Charlotte, to Christiansburg, and thence over U.S. thority in connection therewith. SOUTH and Wilson, N.C.; from Charlotte over Highway 11 to Draper, and return over CAROLINA ROUTES: (1) between U.S. Highway 74 to Laurinburg, N.C., the same route, (39) between Lexington Charleston, S.C., and Cross Roads, N.C.; thence over U.S. Highway 401 to Fay and Daleville, Va., over U.S. Highway from Charleston, over U.S. Highway 52 etteville, N.C., and thence over U.S. 11, (40) between Independence, Va. and to Salisbury, N.C., and thence over U.S. Highway 301 to Wilson, and return over junction U.S. Highways 58 and 11 near Highway 601 to Cross Roads, and return the same route, (22) between junction Abingdon, Va., over U.S. Highway 58, over the same route, (2) between junc U.S. Highway 74 and 220 near Rocking (41) between Hansonville, Va. and Blue- tion U.S. Highways 176 and 52 near Mt. ham, N.C. and Greensboro, N.C., over field, Va.-W. Va., over U.S. Highway 19, Holly, S.C. and Pineville, N.C.; from U.S. Highway 220, (22a) between Albe (42) between Damascus, Va. and junc junction U.S. Highways 176 and 52 over marle and Raleigh, N.C.; from Albe tion Virginia Highway 91 and U.S. High U.S. Highway 176 to junction South marle over North Carolina Highway 27 way 19 near Tazewell, over Virginia Carolina Highway 310, thence over to Carthage, thence over U.S. Highways Highway 91, (43) between Claypool, Va. South Carolina Highway 310 to junction 15 and 501 to junction U.S. Highway 1, and Fords Branch, Ky., over U.S. High South Carolina Highway 6, thence over and thence over U.S. Highway 1 to way 460, (44) between Abingdon, Va. South Carolina Highway 6 to Santee, Raleigh, and return over the same route, and Greeneville, Tenn.; from Abingdon S.C., thence U.S. Highway 301 to Sum- (23) between Raeford and Candor, N.C., over U.S. Highway 58 to Bristol, Va.- merton, S.C., thence U.S. Highway 15 to over North Carolina Highway 211. Tenn., thence over U.S. Highway 11-W Sumter, S.C., and thence U.S. Highway (24) Between Fayetteville and Mocks- to Kingsport, Tenn., thence over Ten 521 to Pineville, and return over the ville, N.C.; from Fayetteville over North nessee Highway 81 to Haw Crossroads, same route, (3) between Charleston, and Carolina Highway 87 to Sanford, N.C., Tenn., and thence over Tennessee High Georgetown, S.C., over U.S. Highways thence over U.S. Highway 421 to Siler way 93 to Greeneville, and return over 17 and 701, (4) between Charleston and City, N.C., and thence over U.S. High the same route, (45) between Bristol, Greenville, S.C.; from Charleston, over way 64 to Mocksville, and return over Va.-Tenn. and Greeneville, Tenn.; from Interstate Highway 26 to junction U.S. the same route, (25) between Ramseur Bristol over U.S. Highways 11-E and Highway 276, thence over U.S. Highway and High Point, N.C.; from Ramseur 19 to Hillcrest, Tenn., thence over U.S. 276 to Greenville, and return over the over North Carolina Highway 22 to junc Highway 19-E to Elizabeth, Tenn., same route, (5) between North Augusta, tion unnumbered highway, thence over thence over U.S. Highway 321 to John S.C. and Asheville, N.C., over U.S. High unnumbered highway to junction U.S. son Gity, and thence over U.S. Highway way 25, (6) between North Augusta and Highways 220 and 311, and thence over 11-E and 411 to Greeneville, and return Columbia, S.C., over U.S. Highway 1, U.S. Highway 311 to High Point, and over the same route, (46) between Jones w ii between Orangeburg and Great return over the same route, (26) between boro, Tenn. and Haw Crossroads, Tenn., £alls, S.C., over U.S. Highway 21, (8) Thomasville and Winston-Salem, N.C.; over Tennessee Highway 81, (47) be oetween Columbia and Chester, S.C., over North Carolina Highway 109, (27) tween Hillcrest, Tenn. and junction U.S. over U.S. Highway 321, (9) between Co- between North Wilkesboro and Wilson, Highways 411 and 23, over U.S. Highway mmbia and Lake City, S.C., over U.S. N.C.; from North Wilkesboro over U.S. 411, (48) between Bristol, Va.-Tenn. and Highway 378, (10) between Georgetown Highway 421 to Winston-Salem, N.C., junction Kentucky Highways 15 and 80 S i ?,Tlter’ S c - over U.S. Highway thence over Interstate Highways 40 and near Hazard, Ky.; from Bristol, Va.- ir1’ (11> between Anderson, S.C. and 85 to Durham, N.C., thence over U.S. Tenn. over U.S. Highway 421 to Hyden, frastorna, N.C., over U.S. Highway 29, Highway 70 to Raleigh, N.C., thence over Ky. and thence over Kentucky Highway (12) between Greenville, S.C., and Char U.S. Highway 64 to Zebulon, N.C., and 80 to junction Kentucky Highway 15, mi rf ’ N‘C” °ver Interstate Highway 85, thence over U.S. Highway 264 to Wilson, and return over the same route, (49) be 3) between Seneca and Greenville, and return over the same route, (28) be tween Duflfield and Norton, Va., over U.S. • from Seneca over South Carolina tween North Wilkesboro and Elkin, N.C., Highway 23, (50) between Dot and Highway 59 to junction U.S. Highway over North Carolina Highway 268, (29) Ewing, Va., over U.S. Highway 58, (51) 123, and thence over U.S. Highway 123 between Asheville and Conover, N.C., between Big Stone Gap and Jonesville, 4588 NOTICES Va., over U.S. Highway Alternate 58, to Bridgeport, W. Va., thence over West Bellefontaine and Findlay, Ohio, over (52) between Dwarf, Ky. and junction Virginia Highway 76 to junction U.S. U.S. Highway 68, (88) between Dayton Kentucky Highway 80 and U.S. High Highways 119 and 250, and return over and Springfield, Ohio; from Dayton ways 23 and 460 near Allen, Ky., over the same route, (72) between Morgan over Ohio Highway 444 to junction Ohio Kentucky Highway 80. s town and Grafton, W. Va., over U.S. Highway 4, and thence over Ohio High (53) Between junction Kentucky Highway 119, (73) between junction U.S. way 4 to Springfield, and return over the Highway 7 and U.S. Highway 460 near Highways 119 and 50 near Grafton, same route, (89) between Harbor Wilis Salyersville, Ky., and junction Kentucky W. Va., and Macomber, W. Va., over U.S. and Perrysburg, Ohio; from Harbor Hills Highway 1 and U.S. Highway 23 near Highway 50, (74) between Macomber over Ohio Highway 13 to Mansfield, Greenup, Ky., over Kentucky Highway 7, and Easton, W. Va.; from Macomber Ohio, thence over U.S. Highway 30-W via Grayson, (54) between Sandy Hook, over West Virginia Highway 72 to King- to Bucyrus, Ohio, thence over Ohio and Louisa, Ky., over Kentucky Highway wood, W. Va., thence over West Virginia Highway 100 to Tiffin, Ohio, thence over 32, (55) between Greenup and Ashland, Highway 26 to Bruceton Mills, W. Va., Ohio Highway 53 to junction U.S. High Ky., over U.S. Highway 23, (56) between and thence over West Virginia Highway way 20 and thence over U.S. Highway Olive Hill and Ashland, Ky., over U.S. 73 to Easton, and return over the same 20 to Perrysburg, and return over the Highway 60, serving all intermediate route, (75) between Reedsville and Terra same route, (90) between Findlay and points specified on routes 20 through 56 Alta, W. Va., over West Virginia High Tiffin, Ohio, over Ohio Highway 224, and off-route points in North Carolina, way 92, serving all intermediate points (91) between Upper Sandusky and Virginia, Kentucky, and Tennessee as on Routes 57 through 75 above and all Bucyrus, Ohio, over U.S, Highway 30-W, follows: (1) North Carolina—off-route off-route points in West Virginia, except (92) between Mansfield and Medina, service is sought in North Carolina at all those located east of U.S. Highway 220. Ohio, over U.S. Highway 42, (93) be points east of U.S. Highway 301 and OHIO ROUTES WITH WEST VIR- tween junction U.S. Highway 20 and west of U.S. Highway 25, (2) Virginia— VINIA AND PENNSYLVANIA CONNEC Ohio Highway 53 near Freemont, Ohio off-route service is sought at points in TIONS: and junction U.S. Highways 250 and Virginia located south and west of a line (76) Between Chesapeake and Cleve 21 near Strasburg, Ohio; from junction described by U.S. Highway 60 and U.S. land, Ohio; from Chesapeake over Ohio U.S. Highway 20 and Ohio Highway 53 Highway 501 beginning at the West Highway 7 to Youngstown, Ohio,, and over U.S. Highway 20 to Norwalk, Ohio, Virginia-Virginia State line, thence over thence over U.S. Highway 422 to Cleve and thence over U.S: Highway 250 to U.S. Highway 60 to the junction of U.S. land, and return over the same route, junction U.S. Highway 21 near Stras Highway 501, thence to the Virginia- (77) between junction Ohio Highway 7 burg, and return over the same route, North Carolina line, and (3) Kentucky and U.S. Highway 50 near CoolvUle, (94) between Columbus and Mount and Tennessee.—off-route service is Ohio and Perrysburg, Ohio; from junc Vernon, Ohio, over Ohio Highway 3, sought at all points in Tennessee and tion Ohio Highway 7 and U.S. Highway (95) between Columbus and Newark, Kentucky located within 125 miles of 50 to Athens, Ohio, thence over U.S. Ohio, over Ohio Highway 16, (96) be Bluefield, W. Va. (C) General commodi Highway 33 to Columbus, Ohio, thence tween Hebron and Newark, Ohio, over ties (except those of unusual value, and over U.S. Highway 23 to Perrysburg, and Ohio Highway 79, (97) between Dover, except dangerous explosives, livestock, return over the same route, (78) between Ohio and Wheeling, W. Va., over U.S. commodities in bulk, and those requiring Athens, Ohio and Londonderry, Ohio, Highway 250, (98) between Cambridge, special equipment), WEST VIRGINIA over U.S. Highway 50, (79) between Ohio and Weirton, W. Va., over U.S. ROUTES: (57) between junction U.S. Jackson, Ohio and junction Ohio High Highway 22, (99) between Zanesville, Highway 19 and 60 near Lookout, W. Va. way 124 and U.S. Highway 23 near Pike- Ohio and Richmond, Ind., over U.S. and Sutton, W. Va., over U.S. Highway ton, Ohio, over Ohio Highway 124, (80) Highway 40, (100) between Toledo, 19, (58) between Gauley Bridge, W. Va. between Cincinnati, Ohio and Wheeling, Ohio and Erie, Pa.; from Toledo over and junction West Virginia Highways 16 W. Va.; from Cincinnati over U.S. High Ohio Highway 2 to Cleveland, and and 4 near Clay, W. Va., over U.S. High way 22 to Zanesville, Ohio, thence over thence overU.S. Highway 20 to Erie, and way 16, (59) between Princeton and U.S. Highways 22 and 40 to Cambridge, return over the same route, (101) be Charleston, W. Va., over the West Vir Ohio, thence over U.S. Highway 40 to tween Youngstown, Ohio and Kittan ginia Turnpike, (60) between junction Wheeling, and return over the same ning, Pa., over U.S. Highway 422, (102) West Virginia Highway 10 and U.S. route, (81) between Cincinnati and between Massillon, Ohio and junction Highway 21 near Kegley, W. Va., and Toledo, Ohio; from Cincinnati over U.S. Ohio Highway 8 and U.S. Highway 422; Huntington, W. Va., over West Virginia Highway 25 to junction Interstate High from Massillon over Ohio Highway 236 Highway 10, (61) between junction U.S. way 75, and thence over Interstate High to junction Ohio Highway 93, thence Highway 119 and West Virginia Highway way 75 to Toledo, and return over the over Ohio Highway 93 to Akron, Ohio, 3 and West Hamlin, W. Va., over West same route, (82) between Dayton and thence over Ohio Highway 8 to junction Virginia Highway 3, (62) between St. Toledo, Ohio; from Dayton over Ohio U.S. Highway 422, and return over the Albans and Henderson, W. Va., over Highway 49 to Greenville, Ohio, thence same route. West Virginia Highway 17, (63) between over U S. Highway 127 to junction U.S. (103) Between Massillon and Youngs Huntington and Parkersburg, W. Va., Highway 24 near Defiance, Ohio, and town, Ohio; from Massillon over U.S. over West Virginia Highway 2. thence over U.S. Highway 24 to Toledo, Highway 30 to Canton, Ohio, thence over (64) Between Henderson and Ripley, and return over the same route, (83) U.S. Highway 62 to Youngstown, and re W. Va.; from Henderson over West Vir between Springfield and Van Wert, turn over the same route, (104) between ginia Highway 62 to Mason, W. Va., Ohio; from Springfield over U.S. High junction Ohio Highways 7 and 165 near thence over U.S. Highway 33 to Ripley, way 68 to Bellefontaine, Ohio, thence North Lima, Ohio and Pittsburgh, Pa.; and return over the same route, (65) over Ohio Highway 117 to Lima, Ohio, from junction Ohio Highways 7 and 165 between Ravenswood and Sandyville, thence ovér U.S. Highway 30-S to junc over Ohio Highway 165 to junction Ohio W. Va., over West Virginia Highway 56, tion U.S. Highway 30 and thence over Highway 617, thence over Ohio 617 to the (66) between Ivydale and Ellenboro, U.S. Highway 30 to Van Wert, and return Ohio-Pennsylvania State line, thence W. Va., over West Virginia Highway 16, over the same route. over Pennsylvania Highway 351 to Enon (67) between Pike and St. Marys, W. Va., (84) Between Hamilton and Dayton, Valley, Pa., thence over Pennsylvania over U.S. Highway Alternate 50, (68) Ohio; from Hamilton over Ohio High Highway 551 to West Mayfield, Pa., and between New Martinsville and Gypsy, way 129 to junction Ohio Highway 4, thence over Pennsylvania Highway 65 to W. Va., over West Virginia Highway 20, and thence over Ohio Highway 4 to Day- Pittsburgh, and return over the same (69) between New Martinsville and Purs- ton, and return over the same route, route, serving all intermediate points on glove, W. Va., over West Virginia High (85) between Excello and Oxford, Ohio, Routes 76 through 104 above and off- way 7, (70) between Wheeling and Fair over Ohio Highway 73, (86) between route service is sought in Ohio as follows: mont, W. Va., over U.S. Highway 250, Red Ball and Somerville, Ohio; from At points in Ohio east and south of a (71) between Morgantown, W. Va. and Red Ball over Ohio Highway 122 to junc line beginning at the Indiana-Ohio State junction West Virginia Highway 76 and tion Ohio Highway 744, thence over line and extending along U.S. Highway UiSi Highways 119 and 250; from Mor Ohio Highway 744 to Somerville, and 40 to the junction of Ohio Highway 13. gantown over West Virginia Highway 73 return over the same route, (87) between thence over Ohio Highway 13 to Mans- Thursday, April 8, 1965 FEDERAL REGISTER 4589 field, Ohio, thence over U.S. Highway modities ip bulk, and commodities re hand, and, on the other, points in the de 42 to Cleveland. PENNSYLVANIA quiring special equipment), (A) between scribed territory in Ohio, Indiana, and Ken ROUTES AND OHIO, WEST VIR Harrison, Ohio-Ind. and Louisville, Ky.: tucky correspondingly restricted so as to prevent service over said irregular routes GINIA AND VIRGINIA CONNECTING (1) from Harrison over U.S. Highway 52 between points proposed to be served on the ROUTES: (105) between New Castle and to junction Ohio Highway 128 (U.S. 50 above described regular routes. Applicant Pittsburgh, Pa.; from New Castle over Bypass), thence over Ohio Highway seeks no duplicating authority. This appli Pennsylvania Highway 18 to Monaca, 128 to junction U.S. Highway 50, thence cation is filed pursuant to MC-C-4366, ef thence over unnumbered highway over U.S. Highway 50 to junction In fective May 1, 1964, which provides the spe through Aliquippa to junction Pennsyl diana Highway 62, thence over Indiana cial rules for conversion of irregular route to vania Highway 51, thence over Pennsyl Highway 62 to junction Interstate High regular motor carrier operations. vania Highway 51 to Pittsburgh, and re way 65 at or near Jeffersonville, Ind., Special Note: Protests to this application turn over the same route, (106) between thence over Interstate Highway 65 to may be filed within 45 days instead of 30 Butler, and Pittsburgh, Pa., over Penn Louisville, and return over the same days., sylvania Highway 8, (107) between Kit route, (2) from Harrison over U.S. High No. MC 13123 (Sub-No. 32), filed tanning and Pittsburgh, Pa.; from Kit way 52 to junction Ohio Highway 128 March 1, 1965. Applicant: WILSON tanning over Pennsylvania Highway 66 (U.S. 50 Bypass) thence over Ohio High FREIGHT FORWARDING COMPANY, to junction Pennsylvania Highway 128, way 128 to junction U.S. Highway 50, a corporation, 3636 Follett Avenue, Cin thence over Pennsylvania Highway 128 thence over U.S. Highway 50 to junc cinnati, Ohio. Applicant’s attorney: to junction Pennsylvania Highway 28, tion Indiana Highway 7, and thence over Milton H. Bortz, 3636 Follett Avenue, and thence over Pennsylvania Highway Indiana Highway 7 to junction Indiana Cincinnati 23, Ohio. Authority sought to 28 to Pittsburgh, and return over the Highway 3, thence over Indiana Highway operate as a common-carrier, by motor same route. 3 to junction Indiana Highway 62, thence vehicle, over regular routes, transport (108) Between Washington and over Indiana Highway 62 to junction In ing: General commodities (except those Greensburg, Pa.; from Washington over terstate Highway 65 at or near Jefferson of unusual value, and except dangerous Pennsylvania Highway 136 to junction ville, Ind., thence over Interstate High explosives, household goods as defined in Interstate Highway 70 and thence over way 65 to Louisville, and return over the Practices of Motor Common Carriers of Interstate Highway 70 to Greensburg, same route, and (3) from Harrison over Household Goods, 17 M.C.C. 467, com and return over the same route, (109) be U.S. Highway 52 to junction Ohio High modities in bulk, commodities requiring tween Greensburg and Pittsburgh, Pa.; way 128 (U.S. 50 Bypass) , thence over special equipment and those injurious or over U.S. Highway 30, (110) between Ohio Highway 128 to junction U.S. High contaminating to other lading), (1) be Weirton, W. Va. and Zelienople, Pa.; way 50, thence over U.S. Highway 50 to tween Bloomfield, Conn, and junction from Weirton over West Virginia High junction Interstate Highway 65 approxi New Jersey Highway 28 and the western way 2 to junction West Virginia High mately three (3) miles east of Seymour, boundary of Middlesex County, N.J., way 66 to Chester, W. Va., thence from Ind., thence over Interstate Highway 65 from Bloomfield, over Connecticut High Chester, W. Va., to East Liverpool, Ohio, to Louisville, and return over the same way 189 (formerly Connecticut Highway thence over Ohio Highway 39 to the route, serving those off-route points 9) to junction Connecticut Highway 71 Ohio-Pennsylvania State line, and which are within 10 miles of Harrison, in Hartford, Conn., thence over Con thence over Pennsylvania Highway 68 to Ohio-Ind. in connection with the regular necticut Highway 71 to junction U.S. Zelienople, and return over the same route operations proposed above and Highway 5, thence over U.S. Highway 5 route, (111) between Rich Creek, Va. and serving all intermediate points on ship to junction Interstate Highway 95, Erie, Pa.; from Rich Creek over U.S. ments moving from, to or through Harri thence over Interstate Highway 95 to Highway 219 to Parsons, W. Va., thence son, Ohio-Ind, and points within 10 junction U.S. Highway 1 at or near the over West Virginia Highway 72 to junc miles'thereof, and (B) between Harrison, George Washington Bridge, thence over tion West Virginia Highway 38, thence Ohio-Ind. and Lexington, Ky.: U.S. Highway 1 to junction New Jersey over West Virginia Highway 38 to Nes- (1) From Harrison, over U.S..Highway Highway 28 at Elizabeth, N.J., thence torville, W. Va., thence over West Vir 52 to junction Ohio Highway 264, thence over New Jersey Highway 28 to junction ginia Highway 92 to Morgantown, over Ohio Highway 264 to junction U.S. with the western boundary of Middlesex W. Va., thence over U.S. Highway 119 to Highway 50, thence over U.S. Highway 50 County, N.J., and return over the same Uniontown, Pa., thence over Pennsyl to junction Interstate Highway 75, thence route; (2) between junction Interstate vania Highway 51 to Pittsburgh, Pa., and over Interstate Highway 75 to Lexing Highways 95 and 287 and junction U.S. thence over U.S. Highway 19 to Erie, and ton, and return over the same route, (2) Highway 9 and Interstate Highway 95, return over the same route, serving all from Harrison, over U.S. Highway 52 to at or near the George Washington intermediate points g named on Routes junction Ohio Highway 264, thence over Bridge, from junction Interstate High 105 through 111 above and off-route Ohio Highway 204 to junction U.S. High ways 95 and 287 over Interstate Highway points in Pennsylvania west of U.S. way 50, thence over U.S. Highway 50 to 287 to junction U.S. Highway 9, thence Highway 219, restricted to traffic moving junction U.S. Highway 25, and thence over U.S. Highway 9 to junction Inter to, through or from points in Ohio or over U.S. Highway 25 to Lexington, and state Highway 95 at or near the George West Virginia. return over the same route, serving those Washington Bridge, and return over the Applicant states the routes i off-route points which are within ten same routp; (3) between junction U.S. herein in Part II are intended to (10) miles of Harrison, Ohio-Ind., in Highways 1 and 46 and Liberty, N.Y., aPPUcant’s existing reguh connection with the regular route opera from junction U.S. Highways 1 and 46 S at common junction points. This a tions proposed above and serving all in over U.S. Highway 46 to junction New P is filed pursuant to MC-C-431 termediate points on shipments moving Jersey Highway 17, thence over New S S ® ^ ay l ' 1964> which provides t from, to or through Harrison, Ohio-Ind., Jersey Highway 17 to the New Jersey- to reon.,rules for conversion of irregular rot and points within 10 miles thereof. RE New York State line, thence over New regular motor carrier operations. STRICTION : The above described regu York Highway 17 to Liberty, and return mavEhiALf5?i^TE: Protests to this applicati lar routes shall not be tacked with ap over the same route. days.bC fllCd Within 45 days instead of plicant’s irregular route authority in (4) Between junction U,S. Highways Docket No. MC-51255 (Sub-No. 13) au 9W and 1 and Clintondale, N.Y., from ruilv ^ 2401 (Sub-No. 25), filed Feb- thorizing the transportation of general junction U.S. Highways 9W and 1 over FRFrnwJ. „1965- APPHcant: MOTOF commodities between Harrison, Ohio- U.S. Highway 9W to junction New York 13th ? S CORPORATION, 2345 Soutl Ind., and points within 10 miles thereof, Highway 55, thence over New York High cant’
Scranton over U.S. Highway 11 to from Boston, Mass, over Massachusetts the special rules for conversion of irregular Wilkes-Barre, Pa., thence over U.S. Highway 9 to Worcester, thence over route to regular motor carrier operations. Highway 309 to Hazleton, Pa., thence Massachusetts Highway 12 to junction Special Note: Protests to this application may be filed within 45 days instead of 30 over Pennsylvania Highways 29 and 93 U.S. Highway 20, thence over U.S. High days. to Berwick, Pa., thence over U.S. High way 20 to Springfield, thence over U.S. way 11 to Chambersburg, Pa. Highway 5 to East Hartford, Conn., No. MC 18535 (Sub-No. 46), filed Thence over U.S. Highway 30 to Pitts thence over U.S. Highway 44 (formerly March 16, 1965. Applicant: O. ALEX burgh, thence over existing regular U.S. Highway 5) to Hartford, thence over HICKLIN, doing business as HICKLIN routes to Cleveland, and return over the Maple Avenue (formerly U.S. Highway MOTOR LINE, Box 377, St. Matthews, same routes, serving all intermediate 5) to function U.S. Highway 5 south oL S.C. Authority sought to operate as a points, (26) between Scranton, Pa., and Hartford (also from East Hartford over common carrier, by motor vehicle, over Cleveland, Ohio, from Scranton over U.S. Highway 5 by Charter Oak Bridge irregular routes, transporting: Sand, U.S. Highway 11 to Wilkes-Barre, Pa., to Hartford, thence to junction Maple gravel, crushed stone, stabilizer and ag thence over U.S. Highway 309 to Dallas, Avenue south of Hartford), thence over gregates, in bags and in bulk, from points Pa., thence over Pennsylvania Highway U.S. Highway 5 to New Haven, thence in South Carolina to points in Georgia. 118 to Hughesville, Pa., thence over U.S. over U.S. Highway 1 to Greenwich, and No. MC 29647 (Sub-No. 35), filed Highway 220 to Duncansville, Pa., thence return over- the same route, i°°rving all March 1, 1965. Applicant: CHARLTON over U.S. Highway 22 to Ebensburg, Pa., intermediate points and off-route points BROS. TRANSPORTATION COMPANY, thence over U.S. Highway 422 to Butler, in Connecticut and Massachusetts INC., 552 Jefferson Street, Hagerstown, Pa., thence over existing regular routes within 35 miles of Boston, Mass.; Hart Md. Applicant’s attorney: Spencer T. to Cleveland, and return over the same ford, Conn.; Providence, R.I.; Spring- Money, 411 Park Lane Building, Wash routes, serving all intermediate points, field, Mass.; Worcester, Mass, and those ington, D.C. Authority sought to op (27) between Grove City, Pa., and Cleve off-route points in Connecticut within 40 erate as a common carrier, by motor ve land, Ohio, from Grove City over Penn miles of New Haven, Conn. hicle, over regular routes, transporting: sylvania Highway 58 to Mercer, Pa., (c) From Boston, Mass, to SpringfieldGeneral commodities (except dangerous thence over existing regular routes to as specified above, thence over Alternate explosives, commodities of unusual Cleveland, and return over the same U.S. Highway 5 to Hartford, Conn., value, and household goods as defined by routes, serving all intermediate points, thence to Greenwich as specified above, the Commission), (1) between Hancock, and (28) between Wheeling, W. Va., and and return over the same route, serving Md., and Altoona, Pa.: from Hancock Youngstown, Ohio, from Wheeling over all intermediate points and off-route over U.S. Highway 522 to the Maryland- U.S. Highway 40 to Bridgeport, Ohio, points specified in (b) above, (d) From Pennsylvania State line, thence over thence over Ohio Highway 7 to East Boston, Mass, over U.S. Highway 20 to Interstate Highway 70 to Breezewood, Liverpool, Ohio, thence over existing reg junction Massachusetts Highway 15, Pa., thence over U.S. Highway 30 to ular routes to Youngstown, and return thence over Massachusetts Highway 15 Everett, Pa., thence over Pennsylvania over the same routes, serving all inter to the Massachusetts-Connecticut State Highway 26 to junction Pennsylvania mediate points. line, thence over Connecticut Highway Highway 868, thence over Pennsylvania Note: Applicant states it intends serving 15 to junction U.S. Highway 5, thence Highway 868 to junction Pennsylvania points in Ohio on and east of U.S. Highway over U.S. Highway 5 to Hartford, Conn., Highway 36, thence over Pennsylvania 42, and on and south of U.S. Highway 40, thence as specified above to Greenwich, Highway 36 to Altoona, Pa., and return as off-route points in conjunction with its and return over the same route, serving over the same route, serving no inter existing regular route authority. Duplica all intermediate points and off-route mediate points; (2) between Hancock, tions with present authority will be elimi points in Connecticut and Massachusetts Md., and Johnstown, Pa.: from Han nated. This application is filed pursuant to cock over U.S. Highway 522 to the Mary- MC-C-4366, effective May 1, 1964, which pro within 35 miles of Boston, Mass.; Hart vides the special rules for conversion of ir ford, Conn.; Providence, R.I.; Spring- land-Pennsylvania State line, thence regular route to regular route motor carrier field, Mass.; Worcester, Mass, and over Interstate Highway 70 to Breeze- operations. off-route points in Connecticut and Mas- wood, Pa., thence over U.S. Highway 30 Special Note: Protests to this application sachsetts within 35 miles of Boston, to Bedford, Pa., thence over U.S. High may be filed within 45 days instead of 30 days. Mass.; Hartford, Conn.; Providence, R.I.; way 220 to Cessna, Pa., thence over No. MC 17778 (Sub-No. 36), filed Feb Springfield, Mass.; Worcester, Mass, and Pennsylvania Highway 56 to Johnstown, ruary 26, 1965. Applicant: YALE those off-route points in Connecticut Pa., and return over the same route, within 40 miles of New Haven, Conn., serving no intermediate points; (3) be TRANSPORT CORP., 460 12th Avenue, tween Hancock, Md., and Jeannette, Pa.: New York, N.Y. Applicant’s attorney: (e) from Boston, Mass, to Hartford, Conn, as specified above, thence over (a) From Hancock over U.S. Highway Herbert Burstein, 160 Broadway, New 522 to the Maryland-Pennsylvania State York, N.Y., 10038. Authority sought to U.S. Highway 5 to junction Connecticut Highway 15, thence over Connecticut line, thence over Interstate Highway 70 operate as a common carrier, by motor to Breezewood, Pa., thence over U.S. ■ vehicle, over regular routes, transport Highway 15 to junction U.S. Highway 5, Highway 30 to Greensburg, Pa., thence ing: (A) General commodities (except thence over U.S. Highway 5 to New Ha over Pennsylvania Highway 130 to Jean household goods as defined by the Com ven, thence as specified above to Green nette, Pa., and return over the same mission, Classes A and B explosives, and wich, and return over the same route, route, serving no intermediate points; commodities requiring dump truck serv serving all intermediate points and off- and (b) from Breezewood, Pa., over ice) , between New York, N.Y. and Farm- route points in Connecticut and Massa Pennsylvania Turnpike west to New mgdale, Long Island, N.Y., over New chusetts within 35 miles of Boston, Mass.; Stanton Interchange, thence over U.S. York Highway 24, serving all intermedi Hartford, Conn.; Providence, R.I.; Highway 119 to Greensburg, Pa., thence ate points and off-route points in Nassau Springfield, Mass.; Worcester, Mass, and over Pennsylvania Highway 130 to Jean County, Long Island, N.Y. within 30 miles those off-route points in Connecticut nette, Pa., and return over the same of Farmingdale, Long Island, N.Y.; (B) within 40 miles of New Haven, Conn., route, serving no intermediate points; general commodities (except those of un (2) between Jersey City and New Bruns (4) between Cumberland, Md., and Al usual value, Classes A and B explosives, wick, N.J., from Jersey City, N.J. over toona, Pa.: from Cumberland over U.S. household goods as defined by the Com- U.S. Highway 1 to junction New Jersey Highway 220 to Altoona, and return ~~smon, commodities in bulk, and com Highway 18, thence over New Jersey over the same route, serving no inter modities requiring special equipment), Highway 18 to New Brunswick, and re mediate points; (5) between Cumber u) between Boston, Mass, and Green turn over the same route, Serving all land, Md., and Jeannette, Pa.: (a) From wich, Conn., (a) over U.S. Highway 1, intermediate points and off-route points Cumberland over U.S. Highway 40 to r * +ng &il intermediate points and off- in Hudson, Essex, Union, Morris, Middle junction U.S. Highway 219, thence over ^Points in Connecticut and Massa- sex, Passaic, and Bergen Counties, N.J. U.S. Highway 219 to Somerset, Pa., usetts within 35 miles of Boston, Mass.,* within 30 miles of Jersey City, N.J. or 15 thence over Pennsylvania Turnpike to Hartford, Conn.; Providence, R.I.; miles of New Brunswick, N.J. New Stanton Interchange, thence over Pnngfield, Mass.; Worcester, Mass, and N o t e : Common control may be involved. U.S. Highway 119 to Greensburg, Pa., °ff~route points in Connecticut This application is filed pursuant to MC- thence over Pennsylvania Highway 130 within 40 miles of New Haven Conn., (b) C-4366, effective May 1, 1964, which provides to Jeannette, and return over the same 4592 NOTICES route, serving no intermediate points; way 79, thence over Ohio Highway 79 to return over the same route, serving all and (b) from Cumberland over U.S. Newark and return over the same route, intermediate points. Highway 40 to junction U.S. Highway serving all intermediate points; (3) be No te: This application is filed pursuant 219, thence over U.S. Highway 219 to tween Columbus, Ohio, and Duffey, to MC-C-4366, effective May 1, 1964, which junction U.S. Highway 30, thence over Ohio; from Columbus over U.S. High provides the special rules for conversion oi U.S. Highway 30 to Greensburg, Pa., way 40 to junction Interstate Highway irregular to regular motor carrier operations thence over Pennsylvania Highway 130 70, thence over Interstate Highway 70 Special Note: Protests to this application to Jeannette, Pa., and return over the to Zanesville, Ohio, thence over Ohio may be filed within 45 days instead oi 30 same route, serving no intermediate Highway 60 (formerly Ohio Highway 77) days. points; (6) between Cumberland, Md., to Marietta, Ohio, thence over Ohio No. MC 42487 (Sub-No. 618), filed and Uniontown, Pa.: from Cumberland Highway 7 to Duffey and return over February 25,1965. Applicant: CONSOL over U.S. Highway 40 to Uniontown, and the same route, serving all intermediate IDATED FREIGHTWAYS CORPORA return over the same route, serving no points and the off-route point of Philo, TION OF DELAWARE, 175 Linfield intermediate points; and (7) General Ohio; and (4) between Columbus, Ohio, Drive, Menlo Park, Calif. Applicant’s commodities (except those of unusual and Byesville, Ohio; from Columbus over attorney: Eugene T. Liipfert, Universal value, Class A and B explosives, alco U.S. Highway 40 to junction Interstate Building, North 1875 Connecticut Ave holic beverages, film, household goods Highway 70, thence over Interstate nue NW., Washington, D.C., 20009. Au as defined by the Commission, commodi Highway 70 to Zanesville, Ohio, thence thority sought to operate as a common ties in bulk, commodities requiring spe over U.S. Highway 40 to Cambridge, carrier, by motor vehicle, over regular cial equipment, and those injurious or Ohio, thence over U.S. Highway 21 to routes, transporting: General commodi contaminating to other lading); between Byesville and return over the same ties (except those of unusual value, Philadelphia, Pa., and Hoboken, N.J.; route, serving all intermediate points; Classes A and B explosives, household (a) From Philadelphia over U.S. High in connection with (1) through (4) goods as defined by the Commission, way 1 to Hoboken, and return over the above, service to and from the interme commodities in bulk, commodities re same route, serving no intermediate diate, off-route and terminal points is to quiring special equipment and those in points, and (b) from Philadelphia to be limited to traffic received, delivered or jurious or contaminating to other lad Camden, N.J., thence over U.S. Highway interchanged at Columbus, Ohio, and no ing), (1) between Rockford, 111., and 130 to New Brunswick, N.J., thence over service is sought to and from any West Beloit, Wis.: From Rockford over US. U.S. Highway 1 to Hoboken, and return Virginia point within the commercial Highway 51 to Beloit, and return over over the same route, serving no interme zone of any point on Ohio Highway 7. the same route, serving all intermediate diate points. N ote : Applicant states that no duplicating points; (2) between Rockford, 111., and No te: This application is filed pursuant authority is sought. This application is filed Chicago, HI.: From Rockford over U.S. to MC-C-4366, effective May 1, 1964, which pursuant to MC—C—4366, effective May 1, Highway 20 to Chicago, and return over provides the special rules for conversion of 1964, which provides the special rules for the same route, serving all intermediate irregular to regular motor carrier operations. conversion of irregular-route to regular- S pecial No te: Protests to this application points; and (3) between Rockford, 111., route motor carrier operations. and Poplar Grove, HI.: From Rockford may be filed within 45 days instead of 30 S pecial No te: Protests to th is application days. may be filed within 45 days instead of 30 over Illinois Highway 173 to Poplar days. Grove, and return over the same route, No. ‘ MC 38172 (Sub-No. 8), filed serving all intermediate points. March 1, 1965. Applicant: THE WHITE No. MC 39300 (Sub-No. 5), filed TRANSPORTATION COMPANY, a cor N o te: This application is filed pursuant to February 24, 1965. Applicant: MIDDLE MC-C-4366, effective May 1, 1964, which poration, Post Office Box 36, West Laf STATES MOTOR FREIGHT, INC., 5723 provides the special rules for conversion of ayette, Ohio. Applicant’s attorney: Este Avenue, Cincinnati, Ohio, 45232. irregular to regular motor carrier operations. Paul F. Beery, 44 East Broad Street, Applicant’s attorney: Jack B. Josselson, S pecial No t e : Protests to this application Columbus, Ohio, 43215. Authority Atlas Bank Building, Cincinnati, Ohio, may be filed within 45 days instead of 30 sought to operate as a common carrier, 45202. Authority sought to operate as a days. by motor vehicle, over regular routes, common carrier, by motor vehicle, over No. MC 52932 (Sub-No. 9), filed transporting: General commodities (ex regular routes, transporting: General March 1, 1965. Applicant: NORTH cept those of unusual value, Classes A commodities (except those of unusual PENN TRANSFER, INC., Box 230, Lans- and B explosives, household goods as value, Classes A and B explosives, house dale, Pa. Applicant’s representative: defined in Practices of Motor Common hold goods as defined by the Commission, John W. Frame, Post Office Box 626,2207 Carriers of Household Goods, 17 M.C.C. commodities in bulk, commodities re Old Gettysburg Road, Camp Hill, Pa. 467, commodities in bulk, commodities quiring special equipment, and those in Authority sought to operate as a common requiring special equipment and those jurious or contaminating to other lad carrier, by motor vehicle, over regular injurious or contaminating to other lad ing), (1) between the junction U.S. routes, transporting: General commodi ing), (1) between Columbus, Ohio, and Highway 35 and U.S. Highway 40 and ties (except those of unusual value, Akron, Ohio; (a) from Columbus over Columbus, Ohio: (a) From the junction Classes A and B explosives, household Ohio Highway 16 to Coshocton, Ohio, U.S. Highway 35 and U.S. Highway 40 goods as defined by the Commission, thence over Ohio Highway 76 to Wooster, over U.S. Highway 40 (part of which commodities in bulk, commodities re Ohio, thence over Ohio Highway 5 to now bears the designation Ohio High quiring special equipment, and those in junction U.S. Highway 21, thence over way 440), to Columbus, and (b) from jurious or contaminating to other lad U.S. Highway 21 to junction U.S. High the junction U.S. Highway 35 and In ing) , (1) between Lansdale, Pa., and way 224, thence over U.S. Highway 224 terstate Highway 70, over Interstate Washington, D.C.; from Lansdale over to Akron and return over the same route, Highway 70 to Columbus, and return Pennsylvania Highway 63 to junction serving all intermediate points; (b) from over the same routes, serving all inter U.S. Highway 202, thence over U.S. High Columbus over Interstate Highway 71 to mediate points, (2) between Dayton, way 202 to junction U.S. Highway 13, junction U.S. Highway 224, thence over Ohio, and Springfield, Ohio: (a) From thence over U.S. Highway 13 to junction U.S. Highway 224 to Akron and return Dayton over U.S. Highway 35 to Xenia, U.S. Highway 40, thence over U.S. High over the same route, serving all inter Ohio, thence over U.S. Highway 68 to way 40 to junction U.S. Highway L and mediate points; (c) from Columbus over Springfield, (b) from Dayton over Ohio thence over U.S. Highway 1 to Wash Ohio Highway 16 to Newcomerstown, Highway 4 to Springfield, and (c) from ington, and return over the same route, Ohio, thence over U.S. Highway 21 to Dayton over Ohio Highway 4 to junction serving the intermediate points of Wi - junction U.S. Highway 224, thence over Ohio Highway 444, thence over Ohio U.S. Highway 224 to Akron and return Highway 444 to junction U.S. Highway mington, Del., and Baltimore, Md., an over the same route, serving all inter 40, thence over U.S. Highway 40 to off-route points in New Castle County, mediate points; (2) between Columbus, Springfield, and return over the same Del., and those in Pennsylvania within Ohio, and Newark, Ohio; from Columbus routes, serving all intermediate points; twenty (20) miles of Lansdale, (2) ® over U.S. Highway 40 to junction Inter and (3) between Dayton, Ohio, and tween Lansdale, Pa., and New York, N. •> state Highway 70, thence over Inter Vandalia, Ohio; from Dayton over In from Lansdale over Pennsylvania High state Highway 70 to junction Ohio High terstate Highway 75 to Vandalia, and way 463 to junction U.S. Highway > Thursday, April 8, 1965 FEDERAL REGISTER 4593 thence over U.S. Highway 611 to Junction tion Delaware Highway 11, thence over ing regrigerator, household goods as Pennsylvania Highway 132, thence over Delaware Highway 11 to the Delaware- defined in Practices of Motor Common Pennsylvania Highway 132 to junction Maryland State line, thence over Mary Carriers of Household Goods, 17 M.C.C. US. Highway 1, and thence over U.S. land Highway 302 to junction Maryland 467, commodities in bulk, those requir Highway 1 to New York, and return over Highway 454, thence over Maryland ing special equipment, quarry products, the same route, serving all intermediate Highway 454 to junction Maryland High artificial stone, quarry machinery and points (except those intermediate points way 311, thence over Maryland Highway machinery incidental to the manufac in Pennsylvania beyond a twenty (20) 311 to junction Maryland Highway 313. ture, preparation for use, or erection of mile radius of Lansdale), those in the Thence over Maryland Highway 313 to artificial or natural stone), (1) between New York, N.Y., commercial zone as de Mardela Springs, Md. (see Note A), (f) New York, N.Y., and Boston, Mass.; (a) fined by the Commission, off-route points between Milford, Del., and Salisbury, from New York over Interstate Highway in Pennsylvania within twenty (20) Md., from Milford, Del. over Delaware 95 to Boston and return over the same miles of Lansdale, and off-route points Highway 14 to the Delaware-Maryland route, serving the intermediate point of in New Jersey (except those points in State line, thence over Maryland High Providence, R.I., and serving New Lon New Jersey lying on the regular routes way 528 to junction U.S. Highway 50, don, Conn., for the purpose of joinder as defined above), and (3) between Lans thence over U.S. Highway 5C to Salisbury, only and serving all off-route points dale, Pa., and New York.N.Y.; from Md. (see Note A), (g) between Salisbury, within 25 miles of Boston, Mass.; (b) Lansdale over Pennsylvania Highway 463 Md. and Nelsonia, Va., from Salisbury, from New York over Interstate High to junction U.S. Highway 202, thence Md. over Maryland Highway 12 to Mary way 95 to New Haven, Conn,, thence over over U.S. Highway 202 to junction U.S. land-Virginia State line, thence over U.S. Highway 5 to junction Connecticut Highway 22, and thence over U.S. High Virginia Highway 679 to Nelsonia, Va. Highway 15, thence over Connecticut way 22 to New York, and return over the (see Note A), (h) between Salisbury and Highway 15 to the Connecticut-Massa- same route, serving all intermediate Crisfield, Md., from Salisbury over U.S. chusetts State line, thence over Mas points (except those intermediate points Highway 13 to junction Maryland High sachusetts Highway 15 to junction U.S. in Pennsylvania beyond a 20-mile radius way 413, thence over Maryland Highway Highway 20, thence over U.S. Highway of Lansdale. 413 to Crisfield (see Note A), (i) between 20 to junction Massachusetts Highway 9, Note :"Thls application is filed pursuant to Easton, Md. and Seaford, Del., from thence over Massachusetts Highway 9 MC-C-4366, effective May 1, 1964, Which Easton, Md. over Maryland Highway 331 to Boston and return over the same provides the special rules for conversion of to junction Maryland Highway 318, route, serving no intermediate points irregular . route to regular motor carrier thence over Maryland Highway 318 to and serving the off-route point of Wor operations. junction Maryland Highway 313, thence cester, Mass., and all off-route points Special Note: Protests to this application over Maryland Highway 313 to junction within 25 miles of Boston, Mass.; (2) may be filed within 45 days instead of 30 days. Maryland Highway 577, thence over between New London, Conn., and Prov Maryland Highway 577 to Maryland- idence, R.I.; from New London over the No. MC 75185 (Sub-No. 249), filed Delaware State line, thence over Dela Connecticut Turnpike to junction U.S. March 1, 1965. Applicant: SERVICE ware Highway 20 to Seaford, Del. (see Highway 6, thence over U.S. Highway 6 TRUCKING CO., INC., Post Office Box Note A). to Providence and return over the same 276, Federalsburg, Md. Applicant’s at Note A: Applicant will return over the route, serving no intermediate points, as torney: Francis W. Mclnemy, 1000 16th same routes in (1) (a) through (i) above, an alternate route for operating conven Street NW., Washington, D.C., 20036. serving all intermediate points and all off- ience only, in connection with (1) (a) Authority sought to operate as a common route points located on the Del-Mar-Va and (b) above; (3) between Providence, carrier, by motor vehicle, over regular Peninsula. R.I., and Boston, Mass., over U.S. High routes, transporting: (l) General com (The Del-Mar-Va Peninsula as used in way 1, serving no intermediate points, modities (except those of unusual value, this application are those portions of as an alternate route for operating con Classes A and B explosives, livestock, Delaware, Maryland, and Virginia lo venience only, in connection with (1) d goods 88 defined in Practices cated east of the Chesapeake Bay and (a) and (b) above; and (4) between of Motor Common Carriers of Household south of the Chesapeake and Delaware Providence, R.I., and Worcester, Mass.; Goods, 17 M.C.C. 467, commodities in Canal.) (2) General commodities (ex from Providence over Rhode Island ouik, and those requiring special equip cept those of unusual value, Classes A Highway 146 to the Rhode Island-Mas- ment) , (a) between Wilmington, Del. and and B explosives, livestock, household sachusetts State line, thence over un cape Charles, Va., from Wilmington, Del. goods as defined in Practices of Motor numbered highway to Massachusetts ver U.S. Highway. 13 to junction U.S. Common Carriers of Household Goods, Highway 122, thence over Massachusetts Highway 301, thence over U.S. Highway 17 M.C.C. 467, commodities in bulk, and Highway 122 to junction Massachusetts f i t0TToncTti0nU s- Highway 213, thence those requiring special equipment), serv Highway 122A, thence over Massachu S US,.? lghway 213 t0 Junction U.S. ing points in New Jersey within (30) setts Highway 122A to Worcester and Highway 50, thence over U.S. Highway 50 thirty miles of City Hall, New York, N.Y. return over the same route, serving no tt U-S- Highway 13, thence over as off-route points in connection with intermediate points, as an alternate Highway 13 to Cape Charles, Va. applicant’s existing regular routes be route for operating convenience only, 3® ?H°te A), (b) between Dover, Del. tween Baltimore, Md. and New York, in connection with (1) (a) and (b) w a 5 m ° r kv ? y’ Md>’ over u s - High- N.Y. and between Willards, Md. and New above. JL A), (c) between Balti- York, N.Y. No t e : This application involves the rights BalHmn d Chesapeake City,- Md., from N ote : This application is filed pursuant to of 11. C. Motor Lines, Inc.—Operator of fu n c ^ TTo^r Maryland Highway 2 to MC-C-4366, effective May 1, 1964, which pro Bianchi Motor Transportation, Inc., pend 301 tw Y 'S' Hlghway 50-U.S. Highway vides the special rules for conversion of ir ing approval in MC-F 8970. This applica to Qnp!nCte 0ver u s - Highways 50-301 regular route to regular motor carrier opera tion is filed pursuant to MC-C-4366, effec wavQS °™ ’ thence over U.S. High- tions. tive May 1, 1964, which provides the-special rules for conversion of irregular-route to S r i J ° ja oCti0n U-S- Highway 213, Special N o te: Protests to this application may be filed within 45 days instead, of 30 regular-route motor carrier operations. PeSe c u J ?-S- ? ighway 213 to Chesa- days. Special No t e : Protests to this application Washinetnn Note A)’ (d) between may be filed within 45 days instead of 30 WashiUS ’ 5 C- and Lewes, Del., from No. MC 75651 (Sub-No. 59), filed days. to hmnt- ’ ° C- over u s - Highway 50 March 1,1965. Applicant: R. C. MOTOR therJcP Maryland Highway 404, LINES, INC., Post Office Box 2501, 2500 No. MC 101619 (Sub-No. 9) , filed Feb the i ^ aryland Highway 404 to Laura Street, Jacksonville, Fla., 32202. ruary 26, 1965. Applicant: HOVER thenr^1 yland' Delaware sta te line, Applicant’s representative: L. H. Blow TRUCKING CO., a corporation, 1425 South 11th Street, Niles, Mich. Appli Highway 404 to (same address as applicant). Authority over n i L 3ela^ are Highway 18, thence cant’s attorney: Ferdinand Bom, 1019 sought to operate as a common carrier, Chamber of Commerce Building, Indi (seP S S avG Hlghway 18 to Lewes, Del. by motor vehicle, over regular routes, anapolis, Ind., 46204. Authority sought andiuro^ (e). between Smyrna, Del, transporting: General commodities (ex to operate as a common carrier, by motor Del overn1^ Springs> Md-> from Smyrna, cept those of unusual value, Classes A vehicle, over regular routes, transport ver Delaware Highway 300 to junc- and B explosives, commodities requir No. 67------10 ing: General commodities (except those 4594 NOTICES of unusual value, Classes A and B ex U.S. Highway 33, serving all intermedi to La Porte, Ind. (also from South Bend plosives, commodities in bulk and those ate points and the off-route points of over Indiana Highway 2 to La Porte) requiring special equipment), (1) in a Benton and Middlebury, Ind., and Con thence over U.S. Highway 35 to junction circuitous manner from Niles, Mich., stantine, White Pigeon, Three Rivers, Indiana Highway 39, thence over Indiana over Michigan Highway 40 to Dowagiac, Jones and Vandalia, Mich.; (6) between Highway 39 to the Indiana-Michigan Mich., thence over Michigan Highway 62 Goshen, Ind., and New Paris, Ind., over State line, thence over county road to junction Michigan Highway 140, Indiana Highway 15, serving all inter known as La Porte Road to New Buffalo thence over county road known as Pipe mediate points and the off-route points and return over the same route, serving stone Road (Berrien County Highway of Benton and Middlebury, Ind., and all intermediate points and the off-route 801) through Sodus, Mich., to junction Constantine, 'White Pigeon, Three Rivers, points of Buchanan, Dayton, Mich., and county road known as Knickerson Ave Jones and Vandalia, Mich.; (7) between Knox, Kingsbury, Rolling Prairie nue, thence over Knickerson Avenue to Elkhart, Ind., and South Bend, Ind., Lydick, Pinola, Otis, Wellsboro, West junction Michigan Highway 139, thence over U.S. Highway 20 (also between Elk ville, and Stillwell, Ind.; (15) between over Michigan Highway 139 to Benton hart and South Bend over U.S. High Michigan City, Ind., and junction Red Harbor, Mich., thence return over the way 33), serving all intermediate points Arrow Highway (formerly U.S. Highway above described routes to junction Pipe and the off-route points of Benton and 12) and Sawyer Road, near Sawyer, stone Road and Michigan Highway 140, Middlebury, Ind., and Constantine, Mich.; from Michigan City over U.s! thence over Michigan Highway 140 ■White Pigeon, Three Rivers, Jones and Highway 12 to New Buffalo, Mich.j through Berrien Center, Mich., to junc Vandalia, Mich.; (8) between Niles, thence over Red Arrow Highway (for tion U.S. Highway 31, thence over U.S. Mich., and Bremen, Ind.; from Niles merly U.S. Highway 12) to junction Saw Highway 31 to Niles, Mich., serving all over U.S. Highway 31 to South Bend, yer Road near Sawyer, Mich., and re intermediate points and the oif-route Ind., thence over U.S. Highway 33 to turn over the same route, serving all in points of Cassopolis, Coloma, Watervliet, junction Indiana Highway 331. — termediate points and the off-route Hartford, Keeler, Riverside, Decatur, Thence over Indiana Highway 331 to points of Buchanan, Dayton, Mich., and Glenwood, Wakelee, Marcellus, and Mill- Bremen and return over the same route, Knox, Kingsbury, Rolling Prairie, Lydick, burg, Mich.; (2) in a circuitous manner serving all intermediate points and the Pinola, Otis, Wellsboro, Westville, and from Niles, Mich., over U.S. Highway 31 off-route points of Warsaw, Milford, Stillwell, Ind.; and (16) between New to Berrien Springs, Mich., thence over Leesburg, Atwood, Mentone, Etna Green, Buffalo, Mich., and Niles, Mich., over county road known as Shawnee Road to Culver, Donaldson, and Jimtown, Ind.; U.S. Highway 12, serving all intermediate Bridgman, Mich., thence over Red Ar (9) between South Bend, Ind., and Syra points and the off-route points of Bu row Highway (formerly U.S. Highway cuse, Ind.; from South Bend over U.S. chanan, Dayton, Mich., and Knox, 12) to junction business route Interstate Highway 20 to Elkhart, Ind., thence over Kingsbury, Rolling Prairie, Lydick, Highway 94, thence over business route Indiana Highway 19 to Nappanee, Ind., Pinola, Otis, Wellsboro, Westville, and Interstate Highway 94 to St. Joseph, thence over U.S. Highway 6 to junction Stillwell, Ind. Mich., thence return over the above de Indiana Highway 13, thence over Indiana Note: This application is filed pursuant scribed routes to Bridgman, Mich., Highway 13 to Syracuse and return over to MC-C-4366, effective May 1, 1964, which thence over Red Arrow Highway to the same route, serving all intermediate provides the special rules for conversion of junction county road known as Sawyer points and the off-route points of War irregular-route to regular-route motor car Road, thence over Sawyer Road through saw, Milford, Leesburg, Atwood, Men rier operations. Sawyer, Mich., to junction county road Special Note: Protests to this application tone, Etna Green, Culver, Donaldson, may he filed within 45 days instead of 30 known as California Road, thence over and Jimtown, Ind.; (10) between South days. California Road to New Troy, Mich., Bend, Ind., and Bremen, Ind.; from thence over county road known as Glen South Bend over U.S. Highway 31 to No. MC 105808 (Sub-No. 7), filed Feb dora Road to junction county road Plymouth, Ind., thence over U.S. High ruary 26, 1965. Applicant: PLYMOUTH known as Cleveland Avenue, thence way 30 to Bourbon, Ind., thence over In ROCK TRANSPORTATION CORP., 10 over Cleveland Avenue through Galien, diana Highway 331 to Bremen and re Binney Street, Cambridge, Mass. Appli Mich., to junction U.S. Highway 12, turn over the same route, serving all cant’s attorney: Francis P. Barrett, Pro thence over U.S. Highway 12 to Niles, intermediate points and the off-route fessional Building, 25 Bryant Avenue, Mich., serving all intermediate points points of Warsaw, Milford, Leesburg, At East Milton (Boston), Mass., 02186. Au and the off-route points of Baroda, Glen wood, Mentone, Etna Green, Culver, thority sought to operate as a common dora, Derby, and Hinchman, Mich. Donaldson, and Jimtown, Ind.; (11) be carrier, by motor vehicle, over regular (3) Between Niles, Mich., and Goshen,tween Nappanee, Ind., and junction U.S. routes, transporting: General commodi Ind.; from Niles over U.S. Highway 12 to Highways 6 and 31, over U.S. Highway ties (except those of unusual value, and Mottville, Mich., thence over Michigan 6, serving all intermediate points and the except dangerous explosives, livestock, Highway 103 to the Michigan-Indiana off-route points of Warsaw, Milford, household goods as defined in Practices State line, thence over Indiana Highway Leesburg, Atwood, Mentone, Etna Green, of Motor Common Carriers of House 15 to Goshen and return over the same Culver, Donaldson, and Jimtown, Ind.; hold Goods, 17 M.C.C. 467, commodities route, serving all intermediate points and (12) between junction Indiana Highways in bulk and those requiring special equip the off-route points of Benton, and 19 and 4 and Wakarusa, Ind., over In ment), between New York, N.Y., and Middlebury, Ind., and Constantine, diana Highway 4, serving all interme Boston, Mass., as follows: (a) From New White Pigeon, Three Rivers, Jones and diate points and the off-route points of York over U.S. Highway 1 to Boston; Vandalia, Mich.; (4) between junction Warsaw, Milford, Leesburg, Atwood, (b) from New York over Interstate Michigan Highway 62 and U.S. Highway Mentone, Etna Green, Culver, Donald Highway 95 to Boston; (c) from New 12 and Goshen, Ind.; from junction son, and Jimtown, Ind.; (13) between York over Interstate Highway 95 to Michigan Highway 62 and U.S. High Niles, Mich., and Michigan City, Ind.; junction Rhode Island Highway 3, way 12 over Michigan Highway 62 to the from Niles over U.S. Highway 31 to South thence over Rhode Island Highway 3 to Michigan-Indiana State line, thence Bend, Ind., thence over Indiana High Providence, R.I., thence over U.S. High over Indiana Highway 23 to Granger, way 23 to Walkerton, Ind., thence over way 1 (also U.S. Highway 1A) to Bos Ind., thence over unnumbered highway U.S. Highway 6 to junction U.S. High ton; (d) from New York over Inter- to junction U.S. Highway 20, thence way 35. state Highway 95 (also over U.S. High way 1) to junction Rhode Island High over U.S. Highway 20 to Elkhart, Ind., Thence over U.S. Highway 35 to Michi way 2, thence over Rhode Island High thence over Indiana Highway 120 to gan City and return over the same route, way 2 to Providence, thence to Boston as Bristol, Ind., thence over Indiana High serving all intermediate points and the specified above; (e) from New York to way 15 to Goshen and return over the off-route points of Buchanan, Dayton, Providence, R.I., as specified above, same route, serving all intermediate Mich., and Knox, Kingsbury, Rolling Prairie, Lydick, Pinola, Otis, Wellsboro, thence over U.S. Highway 44 to junction points and the off-route points of Ben Westville, and Stillwell, Ind.; (14) be Massachusetts Highway 24, thence over ton and Middlebury, Ind., and Constan tween South Bend, Ind., and New Buf Massachusetts Highway 24 to junction tine, White Pigeon, Three Rivers, Jones falo, Mich.; from South Bend over U.S. Massachusetts Highway 128, thence over and Vandalia, Mich.; (5) between Highway 20 to junction Indiana High Massachusetts Highway 128 to Southeas^ Goshen, Ind., and Elkhart, Ind., over way 2, thence over Indiana Highway 2 Expressway, thence over Southeast Ex- Thursday, April 8, 1965 FEDERAL REGISTER 4595 pressway to Boston; (f) from New York New York to New Haven, Conn, as speci ville, Wis., and junction County High over Interstate Highway 95 (also over fied above, thence over U.S. Highway 5 way D and Wisconsin Highway 64, over U.S. Highway 1) to New London, Conn., to Hartford, thence over Interstate County Highway D, serving all inter thence over the Connecticut Turnpike Highway '91 to Springfield, thence to mediate-points; (20) between junction (Connecticut Highway 52) to Connecti- Boston as specified above; (k) from New Wisconsin Highway 46 and County High cut-Rhode Island State line, thence York to New Haven, Conn., as specified way F near Amery, Wis., and junction over U.S. Highway 6 to Providence, above, thence over U.S. Highway 5 to County Highway F and Wisconsin High thence to Boston as specified above; (g) junction Connecticut Highway 15, thence way 65, over County Highway F, serving from New York over Interstate Highway over Connecticut Highway 15 to junction all intermediate points; (21) between 95 (also U.S. Highway 1) to New Haven, Interstate Highway 91, thence over In Deronda, Wis., and junction County Conn., thence over U.S. Highway 5 to terstate Highway 91 to Hartford, thence Highway C and Wisconsin Highway 65; Hartford, Conn., thence over Connecti to Boston as specified above; (1) from from Deronda over County Highway P cut Highway 15 to Massachusetts-Con- New York, N.Y., to New'Haven, Conn., as to junction County Highway C, thence necticut State line, thence over Massa specified above, thence over Interstate over County Highway C to junction Wis chusetts Highway 15 to junction U.S. Highway 95 to junction Connecti consin Highway 65 and return over the Highway 20, thence over U.S. Highway cut Highway 100, thence over Connecti same route, serving all intermediate 20 to junction Massachusetts Highway cut Highway 100 to junction Connecticut points. 9, thence over Massachusetts Highway Highway 80, thence over Connecticut (22) Between Clayton, Wis., and 9 (also U.S. Highway 20) to Boston; (h) Highway 80 to junction Connecticut Range, Wis., over County Highway D, from New York to Massachusetts- Highway 22, thence over Connecticut serving all intermediate points; (23) be Connecticut State line as specified above, Highway 22 to junction Connecticut tween Chetek, Wis., and Prairie Farm, thence over Massachusetts Highway 15 Highway 17, thence over Connecticut Wis.; from Chetek over County Highway to junction Interstate Highway 90 (Mas Highway 17 to junction Connecticut I to junction County Highway A, thence sachusetts Turnpike), thence over Inter Highway 9, thence over Connecticut over County Highway A to Prairie Farm state Highway 90 to Boston. Highway 9 to Hartford, thence to Boston and return over the same route, serving No. MC 109538 (Sub-No. 16), filed as specified above; and (m) from New all intermediate points; (24) between February 26, 1965. Applicant: CHIP York over U.S. Highway 1A to junction Connorsville, Wis., and Menomonie, Wis.; PEWA MOTOR FREIGHT, INC., 2645 Interstate Highway 87, thence over In from Connorsville over Wisconsin High Harlem Street, Eau Claire, Wis. Author terstate Highway 87 to junction Inter way 79 to junction U.S. Highway 12, ity sought to operate as a common car state Highway 287, thence over Inter thence over U.S. Highway 12 to Menom rier, by motor vehicle, over regular state Highway 287 to junction Interstate onie and return over the same route, routes, transporting: General commodi Highway 84 at or near White Plains, N.Y., serving all intermediate points; (25) be ties (except those of unusual value, thence over Interstate Highway 84 to tween junction U.S. Highway 12 and Classes A and B explosives, household Hartford, Conn., thence to Boston as Wisconsin Highway 128 near Hersey, goods as defined in Practices of Motor specified above; and return over the same Wis., and junction Wisconsin Highways Common Carriers of Household Goods, 17 routes, serving the intermediate point of 128 and 64, over Wisconsin Highway 128, M.C.C. 467, commodities in bulk and Providence, R.I., and the off-route points serving all intermediate points; (26) be those requiring special equipment), (1) of Newark, N.J., and those in New Jersey tween junction U.S. Highway 8 and between Eau Claire, Wis., and Mondovi, within 15 miles of Newark, those in County Highway F near Poskin, Wis., Wis., over Wisconsin Highway 37, serving Providence County, R.I., and those in and junction County Highway F and all intermediate points; (2) between Eau Suffolk and Middlesex Counties, Mass. Wisconsin Highway 64, over County Claire, Wis., and Eleva, Wis., over Wis No te: This application is filed pursuant Highway F, serving all intermediate consin Highway 93, serving all intermedi to MC-C—4366, effective May 1, 1964, which points; (27) between Dallas, Wis., and ate points; (3) between Eau Claire, Wis., provides the special rules for conversion of Holcombe, Wis.; from Dallas over County and Black River Falls, Wis.; from Eau irregular route to regular motor carrier op Highway U to Sand Creek, Wis., thence Claire over U.S. Highway 53 to junction erations. over County Highway M to Holcombe and U.S. Highway 10, thence over U.S. High S pecial No te: Protests to this application return over the same route, serving all way 10 to junction Wisconsin Highway may be filed within 45 days instead of 30 days. intermediate points; (28) between Chip 27, thence over Wisconsin Highway 27 to (9) Between Somerset, Wis., and junc pewa Falls, Wis., and Elk Mound, Wis.; Black River Falls and return over the tion Wisconsin Highway 64 and County from Chippewa Falls over Wisconsin same route, serving all intermediate Highway M near Sand Creek, Wis., over Highway 29 to junction U.S. Highway 12, points; (4) between Mondovi, Wis., and Wisconsin Highway 64, serving all inter thence over U.S. Highway 12 to Elk Fairchild, Wis., over U.S. Highway 10, mediate points; (16) between Star Mound and return over the same route, serving all intermediate points; (5) be Prairie, Wis., and Osceola, Wis., over serving all intermediate points; (29) be tween Fairchild, Wis., and Black River County Highway M, serving all inter tween Bloomer, Wis., and Bruce, Wis.; Falls, Wis., over U.S. Highway 12, serv- mediate points; (11) between St. Croix from Bloomer over U.S. Highway 53 to mg all intermediate points; (6) between Falls, Wis., and Hawkins, Wis., over U.S. junction Wisconsin Highway 64, thence Hixton, Wis., and Neillsville, Wis., over Highway 8, serving all intermediate over Wisconsin Highway 64 to junction Wisconsin Highway 95, serving all inter points; (12) between Baldwin, Wis., and Wisconsin Highway 40, thence over Wis mediate points; (7) between Hudson, Spooner, Wis., over U.S. Highway 63, consin Highway 40 to Bruce and return wis., and Frederic, Wis., over Wisconsin .serving all intermediate points; (13) be over the same route, serving all inter Highway 35, serving all intermediate tween junction Wisconsin Highways 64 mediate points; and (30) between Cor Points; (8) between Roberts, Wis., and and 46 and junction Wisconsin Highway nell, Wis., and Gilman, Wis., over Wis junction Wisconsin Highways 46 and 35 46 and U.S. Highway 8, over Wisconsin consin Highway 64, serving all intermedi near Milltown, Wis.; from Roberts over Highway 46, serving all intermediate ate points; in connection with the above u.S Highway 12 to junction Wisconsin points; (14) between Luck, Wis., and described routes, applicant proposes to Highway 65, thence over Wisconsin Rice Lake, Wis., over Wisconsin High serve the off-route points of Arland, Highway 65 to junction U.S. Highway 8, way 48, serving all intermediate points; Boardman, Burkhardt, Canton, Cylon, hence over U.S. Highway 8 to junction (15) between Cameron, Wis., and Spoon Huntington, Jewett, Ubet, and Wan- Wisconsin Highway 46, thence over Wis er, Wis., over U.S. Highway 53, serving deroos, Wis. est?1 j^Shway 46 to junction Wiscon- all intermediate points; (16) between No t e : This application is filed, pursuant to Way 35 near Milltown and return Menomonie, Wis., and junction Wiscon MC-C-4366, effective May 1, 1964, which pro er the same route, serving all inter sin Highways 48 and 25 near Rice Lake, vides the special rules for conversion of ir mediate points. Wis., over Wisconsin Highway 25, serv regular-route to regular-route motor carrier ^ ew York to New Haven' as ing all intermediate points; (17) between operations. abbve, thence over U.S. High- Colfax, Wis., and Glenwood City, Wis., S pecial No te: Protests to this application phna5+fa^i° Highway 5A) to Massa- over Wisconsin Highway 170, serving all may be filed within 45 days instead of 30 days. ovpv t? state line> thence intermediate points; (18) between Con- No. MC 111231 (Sub-No. 61), filed Feb uver u.s. Highway 5 to Springfield, Mass., norsville, Wis., and Turtle Lake, Wis., ruary 26, 1965. Applicant: JONES « 7 ® over Interstate Highway 90 (also over County Highway K, serving all in TRUCK LINES, INC., 610 East Emma . Highway 20) to Boston; (j) from termediate points; (19) between Wood- Avenue, Springdale, Ark. Applicant’s 4596 NOTICES attorney: Wentworth E. Griffin, 1221 above described routes and other au No. MC 123061 (Sub-No. 26), filed Baltimore Avenue, Kansas City 5, Mo. thorized regular routes of the applicant, March 19, 1965. Applicant: LEATHAM Authority sought to operate as a com to and from all points and places in BROTHERS, INC., 46 Orange Street mon carrier, by motor vehicle, over reg Benton, Washington, and Madison Salt Lake City, Utah. Applicant’s at ular routes, transporting: General com Counties, Ark., those in Carroll and torney: Harry D. Pugsley, Suite 600 El modities (except dangerous explosives Newton Counties, Ark., on and west of Paso Natural Gas Building, 315 East Sec and livestock), (1) between Gateway, Arkansas Highway 21, those in Delaware, ond South, Salt Lake City, Utah, 84111. Ark., and Berryville, Ark.: From Gate Adair, and Cherokee Counties, Okla., Authority sought to operate as a com way over U.S. Highway 62 to Berryville, those in Muskogee, Wagoner, Mayes, and mon carrier, by motor vehicle, over ir and return over the same route, serving Craig Counties, Okla., located on and regular routes, transporting: (l) Lami all intermediate points; (2) between east of U.S. Highway 69, and on and nated wood products, lumber and timbers Berryville, Ark., and Springdale, Ark.; south of U.S. Highway 66, and those on (fabricated or not fabricated), and re from Berryville over Arkansas Highway and south of U S. Highway 60, and on lated hardware items moving with the 21 to junction Arkansas Highway 68, and west of Missouri Highway 37 in Mc wood products and timbers, (a) from thence over Arkansas Highway 68 to Donald, Newton, and Barry Counties, points in Oregon and Washington, to Springdale, and return over the same Mo., not on a described regular route, as points in Idaho, Colorado, Utah and Wy route, serving all intermediate points; off-route points. oming; (b) from points in Idaho, to (3) between Fayetteville, Ark., and Mus No t e : This application is filed pursuant points in New Mexico, Arizona, Cali kogee, Okla.: From Fayetteville over U.S. to MC-C 4366, effective May 1, 1964, which fornia, Nevada, Utah, Colorado, Mon Highway 62 to Muskogee, and return over provides the special rules of conversion of tana, and Wyoming, and (c) from points the same route, serving all intermediate irregular to regular motor carrier operations. in Montana, to points in Idaho and Utah; points; (4) between Vinita, Okla., and Special Note: Protests to this application (2) lumber from points in Montana to may be filed within 45 days instead of 30 points in Idaho and Utah. Stilwell, Okla. From Vinita over U.S. days. Highway 66 to junction U.S. Highway No te: Applicant states it presently holds 59, thence via U.S. Highway 59 to Stil No. MC 113212 (Sub-No. 7), filed authority in MC 123061, Sub 17 to transport well, and return over the same route, March 1, 1965. Applicant: MID CO lumber from points in Montana west of the serving all intermediate points; (5) be LUMBIA MOTOR FREIGHT, INC., Continental Divide to Salt Lake City, Logan tween Wagner, Okla., and Stilwell, Okla.: 1404 NW. Overton Street, Portland, and Smithfield, Utah. No duplicating au From Wagner over Oklahoma Highway Oreg., 97209, Applicant’s attorney: thority is sought. 51 to Stilwell, and return over the same Earle V. White, Fifth Avenue Building, No. MC 124048 (Sub-No. 23), filed route, serving all intermediate points; 2130 SW. Fifth Avenue, Portland 1, March 19, 1965. Applicant: SCHWER- (6) between Grove, Okla., and Monett, Oreg. Authority sought to operate as a MAN TRUCKING CO. OF INDIANA, Mo.: From Grove, over Oklahoma High common carrier, by motor vehicle, over INC., 611 South 28th Street, Milwaukee, way 25 to the Oklahoma-Missouri State regular routes, transporting: General Wis., 53246. Applicant’s attorney: James line, thence over Missouri Highway 90 commodities (except those of unusual R. Ziperski (address same as appli to junction Missouri Highway 59, thence value, Classes A and B explosives, live cant’s) . Authority sought to operate as over Missouri Highway 59 to junction stock, commodities in bulk, commodities a common carrier, by motor vehicle, over U.S. Highway 71, thence over U.S. High requiring special equipment, and those irregular routes, transporting: Cement, way 71 to Neosho, thence over U.S. High injurious or contaminating to other from Elkhart, Ind. to points in Michigan way 60 to Monett, and return over the lading), (1) eastbound only; from Port and Cook County, 111. same route, serving all intermediate land, Oreg., over Interstate Highway 80N No. MC 125777 (Sub-No. 53), filed points. to The Dalles, Oreg., serving all inter March 18, 1965. Applicant: JACK (7) Between Monett, Mo., and Spring-mediate and off-route points within 5 GRAY TRANSPORT, INC., 3200 Gibson dale, Ark.: From Monett over Missouri miles of the above specified highway east Transfer Road, Hammond, Ind. Appli Highway 37 to junction U.S. Highway of Cascade Locks, Oreg.; (2) between cant's attorney: Carl L. Steiner, 39 South 62, thence over U.S. Highway 62 to Goldendale, Wash., and Hood River, La Salle Street, Chicago 3, 111. Author Springdale, and return over the same Oreg. (a) from Goldendale over U.S. ity sought to operate as a common car route, serving all intermediate points; Highway 97 to junction U.S. Highway rier, by motor vehicle, over irregular (8) between Muskogee, Okla., and Vinita, 830, thence over U.S. Highway 830 to routes, transporting: Sand, in bulk, in Okla.: From Muskogee over U.S. High Interstate Bridge (west of White Salmon, hydraulic dump vehicles (other than way 69 to junction U.S. Highways 60 and Wash.), thence over Interstate Bridge hopper or tank vehicles), from points in 66, thence over U.S. Highways 60 and 66 to Hood River, and return over the same Ste. Marie Township, Green Lake to Vinita, and return over the same route, serving all intermediate points County, Wis., to points in Illinois. route, serving all intermediate points; and off-route points within 5 miles of No. MC 126058 (Sub-No. 2), filed (9) between Neosho, Mo., and Seneca, the above specified highways; (b) from March 1, 1965. Applicant: BRUCE E. Mo.: From Neosho over U.S. Highway Goldendale over U.S. Highway 97 to BISHOP, doing business as BEST-WAY 60 to Seneca, and return over the same junction U.S. Highway 830, thence over TRUCK LINE, 3930 Blake Street, Denver, route, serving all intermediate points; U.S. Highway 830 to The Dalles In Colo. Applicant’s attorney: William J. (10) between Bentonville, Ark., and terstate Bridge, thence over The Dalles Ryan, Carter Building, 211-213 South Pryor, Okla.: From Bentonville over Interstate Bridge to The Dalles, thence Kansas, Norton, Kans. Authority Arkansas Highway 72 to the Arkansas- over Interstate Highway 80N to Hood sought to operate as a common carrier, Oklahoma State line, thence over Okla River, and return over the same route, by. motor vehicle, over regular routes, homa Highway 20 to Pryor, and return serving all intermediate points and off- transporting: General commodities (ex over the same route, serving all inter route points within 5 miles of the above cept those of unusual value, Classes A médiate points; (11) between Eureka specified highways, and (c) from Golden and B explosives, household goods as Springs, Ark., and Huntsville, Ark. : dale over U.S. Highway 97 to Maryhill defined by the Commission and commod From Eureka Springs over Arkansas Interstate Bridge, thence over Maryhill ities requiring special equipment), be Highway 23 to Huntsville, and return Interstate Bridge to Interstate Highway tween Denver, Colo., and Kirk, Colo., over the same route, serving all inter 80N, thence over Interstate Highway 80N from Denver over U.S. Highway 36 to mediate points; (12) between Siloam through The Dalles to Hood River, and junction Colorado Highway 57, thence Springs, Ark., and the junction of Mis return over the same route, serving all over Colorado Highway 57 to Kirk, and souri Highway 59 and U.S. Highway 71 intermediate points and off-route points return over the same route, serving no at or near Lanagan, Mo.: From Siloam within 5 miles of the above specified intermediate points, but serving pom s Springs over Arkansas Highway 59 to the highways. within 15 miles of Kirk (except cope Arkansas-Missouri State line, thence Note: This application is filed pursuant and Idalia, Colo.), as off-route points. over Missouri Highway 59 to junction to MC—C—4366, effective May 1, 1964, which provides the special rules for conversion of N o t e : This application is filef Purf^ ch U S. Highway 71 at or near Lanagan, irregular to regular motor carrier operations. to MC—C—4366, effective May 1, 196fr ,^n 0f and return over the same route, serving S pecial No te: Protests to this application provides the special rules for conv ier all intermediate points; and (13) service may be filed within 45 days instead of 30 irregular route to regular motor is requested, in connection with the days. operations. Thursday, April 8, 1965 FEDERAL REGISTER 4597 Special Note: Protests to this application tation in interstate and foreign com on the other, points in Illinois, Indiana, may be filed within 45 days instead of 30 merce corresponding to the grant of au Minnesota, and Iowa. days. thority in Certificate No. MC-1592, issued No. MC-FC-67697. By order of No. MC 126978 (Sub-No. 1), filed June 17, 1954, by the Massachusetts De March 30, 1965, the Transfer Board ap March 15, 1965. Applicant: ROBERT partment of Public Utilities. Arttiur A. proved the transfer to Alexander M. DUBE, doing business as DUBE TRANS Wentzell, Post Office Box 720, Worcester, Dickie, Trustee of estate of Daniel C. FER, 1016 Fifth Avenue West, Williston, Mass., 01601, practitioner for applicants. Fessenden, doing business as California N. Dak. Applicant’s attorney: John No. MC-FC-67690. By order of March Warehouse Co., Los Angeles, Calif., of R. Davidson, Suite 200, American State 30, 1965, the Transfer Board approved the operating rights in Certificate No. Bank Building, Williston, N. Dak., 58801. the transfer to George T. Kaylor, doing MC-5169 issued August 27, 1953 to Dan Authority sought to operate as a contract business as Empire Pigeon Carriers, Hol iel C. Fessenden, doing business as Cali carrier, by motor vehicle, over irregular brook, N.Y., of the operating rights of fornia Warehouse Co., Los Angeles, Calif., routes, transporting: Such commodities George Kennell, East Meadow, N.Y,, is and the Certificate of Registration No. as are sold by mail order houses, for the sued March 29, 1956, in Certificate No. MC-5169 (Sub-No. 3) issued October 1, account of Montgomery-Ward & Co., Inc., MC-114452, authorizing the transporta 1964, covering operations in the trans and rejected shipments and trade-ins, tion, over irregular routes, of homing portation of General commodities, with between Williston, N. Dak., on the one pigeons, in crates, and, in connection exceptions between points in California. hand, and, on the other, points in Rich therewith, equipment and supplies used Ivan McWhinney, 639 South Spring land, Sheridan, Daniels, and Roosevelt in the care of such pigeons, from points Street, Los Angeles, Calif., attorney for Counties, Mont. in Kings, Queens, Nassau, and Suffolk applicants. Counties, N.Y., to points in New Jersey, By the Commission. No. MC-FC-67698. By order of March Pennsylvania, Delaware, Maryland, the 30, 1965, the Transfer Board approved [seal] B ertha F . A rmes, District of Columbia, Virginia, North the transfer to James H. DeLong, Inc., Acting Secretary. ' Carolina, and South Carolina, and empty Orefleld, Pa., of the operating rights in £F.R. Doc. 65-3572; Piled, Apr. 7, 1965; crates used in the outbound transporta Certificate No. MC-21720 issued Febru 8:45 a.m.] tion of homing pigeons, from the above- ary 7, 1950 to William M. Stegmeier, described destination points to points in doing business as Panther Valley Car Kings, Queens, Nassau, and Suffolk riers, Tamaqua, Pa., authorizing the [Notice 1153] Counties, N.Y. Martin Werner, 2 West transportation, over regular and irregu MOTOR CARRIER TRANSFER 45th Street, New York, N.Y., attorney lar routes, of Malt beverages, between for transferee. Morton E. Kiel, 140 Northhampton, Pa., and Charleston, S.C., PROCEEDINGS Cedar Street, New York, N.Y., attorney and from Northhampton, Pa., to specified A pril 5,1965. for transferor. points in Maryland, New York, New Synopses of orders entered pursuant No. MC-FC-67694. By order of March Jersey, and the District of Columbia, to section 212(b) of the Interstate Com 30, 1965, the Transfer Board approved Agricultural commodities, from points in merce Act, and rules and regulations pre the transfer to Hensley Freight Lines, Lehigh and Northhampton Counties, Pa., scribed thereunder (49 CFR Part 179), Inc., Marion, Texas, of Certificate of to points in New York, New Jersey, Dela appear below: Registration No. MC-57969 (Sub-No. 1), ware, Maryland, and the District of Co As provided in the Commission’s spe issued May 13, 1964, to Aimee Hensley, lumbia, and fertilizer, from Cateret, N.J., cial rules of practice any interested per doing business as Hensley Freight Line, and Baltimore, Md., to points in Lehigh son may file a petition seeking recon Marion, Texas, evidencing the right of and Northhampton, Counties, Pa. E. sideration of the following numbered the holder thereof to engage in interstate Drummond King, 512 Hamilton Street, proceedings within 20 days from the or foreign commerce, corresponding in Allentown, Pa., 18101, attorney for ap date of publication of this notice. Pur scope to the service authorized by the plicants. suant to section 17-C8) of the Interstate Certificate of Convenience and Necessity No. MC-FC-67699. By order of Commerce Act, the filing of such a peti No. 2892 dated August 9, 1935, issued by March 30, 1965, the Transfer Board ap tion will postpone the effective date of the Railroad Commission of Texas. proved the transfer to Redman Van the order in that proceeding pending its Phillip Robinson, 721 Brown Building, Lines, a corporation, Salt Lake City, disposition. The matters relied upon by Auston, Tex., attorney for transferor. Utah, of the operating rights in Certifi petitioners must be specified in their pe No. MC-FC-67695. By order of March cate No. MC-69062 issued May 12, 1948 titions with particularity. 30, 1965, the Transfer Board approved to Overland Moving Co., a corporation, „ ■ MC-FC-67670. By order of March the transfer to Ryan Trucking, Inc., Ir Salt Lake City, Utah, authorizing the so, 1965, the Transfer Board approved win, Ohio, of the operating rights issued transportation over regular routes, of: the transfer to Robert F. Suggett, New by the Commission May 24, 1957, under General commodities and household 2 * (Bronx), N.Y., of the operating Permit No. MC-115681, to Seth Ingram, goods, between points in Utah. William rignts of George T. Kaylor, doing busi Milford Center, Ohio, authorizing^ the S. Richards, 1007 Walker Bank B u ild in g , ness as West Course Pigeon Training, transportation, over irregular routes, of Salt Lake City, Utah, 84111, attorney for road building and road maintenance ro°ib^°°k’ N‘Y” ^ Certificate No. MC- applicants. LJ4879, issued November 14, 1963, au- equipment, and parts and accessories orizing the transportation, over irreg- therefore when transported in the same [ seal] B ertha F . A rmes, uiar routes, of homing pigeons, and in vehicle with such commodities, between Acting Secretary. connection therewith, supplies and equip- Marion, Ohio, on the one hand, and, on [F.R; Doc. 65-3656; Filed, Apr. 7, 1965; ent used in the care of such pigeons, the other, points in the United States 8:48 a.m.] suPP[ies and equipment used in the within 750 miles of Marion. Jw « .a homing Pigeons, from and to No. MC-FC-67696. By order of specmed points in New York, New Jersey, March 30, 1965, the Transfer Board ap ana Pennsyivania, varying with the com- proved the transfer to Allstar Moving DEPARTMENT OF THE INTERIOR & Storage, Inc., 631 North Lovers Lane, Martin Werner, 2 west 45th Street, New York 36, N.Y., at- Wauwatosa, Wis., of the operating rights Bureau of Land Management to™ey for applicants. in Certificate No. MC-1871 issued July 18, 1962 to Hazel M. Trautmann, doing OREGON 30 i C~67685* By °rder of March thp w ,the TraPsfer Board approved business as Admiral Moving & Storage Notice of Termination of Proposed the transfer to F. G. Adams Co., Inc., Service, 1229 North 24th Place, Milwau kee, Wis., authorizing the transporta Withdrawal and Reservation of S n’ M.ass-’ of the Certificate of Regis- tion, over irregular routes, of: Household Lands N°- Mc~114777 (Sub-No. 2), goods, as defined by the Commission, be M arch 30,1965. C a m ii? n l 14’ 1964’ to w - s - Rees, Inc., tween Milwaukee, Wis., and points with Notice of an application, Serial No. dge, Mass., authorizing transpor in 8 miles thereof, on the one hand, and, Oregon 013237, for withdrawal and 4598 NOTICES reservation of lands was published as National Park Service Federal Register Document No. 63-3569 OFFICE OF EMERGENCY on page 3364 of the issue for April 5, [Order 5, Amdt. 1] 1963. The applicant agency has can YELLOWSTONE NATIONAL PARK, PLANNING celled its application insofar as it in WYO. volved the lands described below. WATCHES, MOVEMENTS AND PARTS Therefore, pursuant to the regulations Delegation of Authority; Assistant Investigation of Imports contained in 43 CFR, Subpart 2311, such Superintendent, Operations lands will be at 10 a.m., on April 12, Notice is hereby given that in accord 1965, relieved of the segregative effect of Delegation of authority regarding ex ance with the provisions of section 232 the above-mentioned application. ecution of contracts for construction, of the Trade Expansion Act of 1962 and The lands involved in this notice of supplies, equipment or services. OEP Regulation No. 4, the Director of the termination are: Section 1 of Order No. 5, issued May 21, Office of Emergency Planning has or 1963 (28 F.R. 4681), is hereby amended dered an investigation to determine O r e g o n as follows: whether or not watches, movements and WILLAMETTE MERIDIAN 1. Assistant Superintendent (Opera parts are being imported into the United T. 12 S., R. 41 E., tions). The Assistant Superintendent States in such quantities or under such Sec. 4, w y 2SE%; (Operations) may execute and approve circumstances as to threaten to impair Sec. 8, SE14SE14; contracts not in excess of $200,000 for the national security. Sec. 9,NW%SW%; construction, supplies, equipment, or Dated: April 6, 1965. Sec. 16, NE&NE&, S^NE% , SE&NW&. services in conformity with applicable The total area aggregates 320 acres. regulations and statutory authority and B uford Ellington, subject to availability of appropriations. Director, D ouglas E. H enriques, This authority may be exercised by the Office of Emergency Planning. Manager. Assistant Superintendent (Operations) [FJt. Doc. 65-3716; Filed, Apr. 7, 1965; [F.R. Doc. 65-3644; Filed, Apr. 7, 1965; in behalf of any coordinated area. — 9:45 a.m.] 8:48 a.m.] (National Park Service Order No. 14 (19 FJt. 8824), as amended; 39 Stat. 535, 16 U.S.C. Sec. 2; Midwest Region Order No. 3 (21 FJt. IMPORTS OF RESIDUAL FUEL OIL TO IDAHO 1494)) BE USED AS FUEL Dated: March 16, 1965. Notice of Proposed Withdrawal and Notice is hereby given that under sec J oh n S . M cL aughlin, Reservation of Lands tion 6(a) of the Presidential Proclama Superintendent, tion No. 3279 of March 10, 1959, the Correction r-y Yellowstone National Park. Director of the Office of Emergency [F.R. Doc. 65-3629; Filed, Apr. 7, 1965; Planning has ordered an investigation of In FJR. Doc. 58-5832, appearing at 8:47 a.m.] the national security basis for the present page 5794 of the issue for Thursday, July control of imports of residual fuel oil 31, 1958, the following corrections are Office of the Secretary to be used as fuel. The investigation made in the land description: will cover the geographic components of 1. On page 5794, under South Fork of EDWARD F. ZIEGLER the present program. Subareas, as well Payette River (No. 24) Forest Highway Statement of Changes in Financial as interrelationships among the geo Roadside Zone, T. 10 N ./R . 10 E., the Interests graphic components of the program, will entry for Section 29 should read “Sec. be considered. Interested parties should 29, SE^SE^”. In accordance with the requirements within 30 days (ending May 7) file writ 2. On page 5798, under Grimes Creek of section 710(b) (6) of the Defense Pro ten statements. Rebuttal material will (No. 847) Forest Development Road duction Act of 1950, as amended, and Ex be accepted through June 7, 1965. All Roadside Zone, T. 5 N., R. 3 E., the entry ecutive Order 10647 of November 28, submissions should be on letter-size pa for Section 14 should read “Sec. 14, 1955, the following changes have taken per and 25 copies should be sent to the N W ^ N E ^ , Ny2NW i4”. place in my financial interests during Director, Office of Emergency Planning, 3. On page 5800, under Sheepeater Hot the past six months: Washington, D.C., 20504. All public ma Springs Recreation Area, the last line (1) None. terial filed will be' open for inspection should read “Total area 25.01 acres” in (2) None. at the OEP Information Office, Room 513, (3) None. \ 17th and F Streets NW. stead of “Total area 25.10 acres”. (4) None. 4. ' On page 5800, under Alexander Flat Dated: April 7, 1965. * Administrative Site, T. 5 N., R. 8 E., the This statement is made as of March 19, entry for Section 16 should read “Sec. 1965. B uford E llington, Dated: March 19,1965. Director, Office of 16, Lots 1, 2, N W ^N W ^N E^”. Emergency Planning. 5. On page 5801, under Stolle Meadows E dward F . Ziegler. Administrative Site, “T. 15 N., R. 6 N.,” [F.R. Doc. 65-3645; Filed, Apr. 7, 1965; [F.R. Doc. 65-3747; Filed Apr. 7 1965; should read “T. 15 N., R. 6 E.,”. 8:48 ajn.] 11:10 a.m.] Thursday, April 8, 1965 FEDERAL REGISTER 4599
CUMULATIVE LIST OF CFR PARTS AFFECTED— APRIL
The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during April.
3 CFR 7 CFR— Continued Page 26 CFR Page Proclamations: P roposed R u l e s: 1______4412, 4472, 4537 3423 (corrected by PLO 3576) _ 4476 29______4361 147------4413 3649 ______—— 4307 52_____ —______4486 301______4414 3650 ______4309 980______;____ 4416 P roposed R u l e s: 3651 ______4525 989______4361 1—------4256,4482, 4548 Executive O rders: 1 2 0 1 ...______4321 Dec. 19, 1910 (modified by 32 CFR PLO 3596)______4542 8 CFR 823------4353 Jan. 24, 1914 (revoked in part 212______4411 889------4353 / by PLO 3569)______L 4253 214______4351, 4532 900______4353 May 17, 1917 (modified by 237______^______4411 902------— 4353 PLO 3596)______4542 9 CFR 1016______4353 Apr. 17, 1926 (revoked in part P roposed R u l e s: 32A CFR by PLO 3591)__ 4541 201______4486,OIA 4847 (Ch. X) : 2347 (revoked by PLO 3572)_ 4254 Reg. ■ 1------4415 3406 (revoked in part by PLO 10 CFR 3590)______4541 30______4352 33 CFR 5289 (revoked by PLO 3571)_ 4253 150______43528------___ 4415 5327 (see PLO 3573)______4254 203------4253 6039 (revoked in part by PLO 12 CFR 211------4475 8______4462 3592)__;______4541 P roposed R u l e s : 6143 (revoked in part by PLO 563______4251 401...... 4557 3589).______4541 13 CFR 36 CFR 11052 (amended by EO 121_____ 4252 11214)______4527 311------4475 11176 (superseded by EO 14 CFR 39 CFR 11213)______4389 39______4240,4318, 4533 92------4353 11211 ------4385 71 ___ 4319,4391,4462, 4463,4533,4534 168------4537 11212 ______4387 73______4391, 4464, 4534 11213 _____ 4389 75______4464 41 CFR 11214 ____ 4527 97______4392 9-16------4357 135______4352 101-5_____ 4358 5 CFR P roposed R u l e s: 101-10______4359 213___ 4311, 4410 71______4321,4489-4491,4553,4554 316______4349 43 CFR 511______4410 15 CFR 416______4538 534______4410 206——------4237 P ublic Land O rders: 368______4465 802 (revoked in part by PLO 7 C FR 370—______4465 3577)—______4476 il___ 4240 371 ______4466 891 (revoked by PLO 3578) ___ 4476 53___ 4453 372 ______4466 1009 (revoked in part by PLO 301__ 4311 373______4466 3582) ___ 4478 401— 4240 374______4466 1301 (revoked toy PLO 3572) __ 4254 723_. 4313 377—Z.______4466 1632 (revoked by PLO 3593)_ 4542 724__. 4313 379 ------4466 1695 (modified by PLO 3570) _ 4253 811- 4314 380 ______4467 1726 (modified by PLO 3596) _ 4542 907 ___ 4349 384______4467 1843 (revoked in part by PLO 908 _ 4349 385______4467 3587)_____ 4540 910— 4350 2932 (revoked by PLO 3593)- 4542 965l_ 16 CFR 3152 (amended by PLO 3584) _ 4478 4350 13— ______4252 1030 __ 4241 3349 (vacated in part by PLO 1031 _ 3583) ____ .______4478 1032 __ 4314 17 CFR 4314 240------4319 •3406 (revoked in part by PLO 1038 __ 4314 3587)______4540 1039 __ 4314 18 CFR 3500 (amended and revoked in 1051_ 4314 P roposed R u l e s: part by PLO 3581)______4477 1062__ 11—______4259 3501 (revoked in part by PLO 1063. 4314 4314 19 CFR 3574)______4254 1070_ 3569 ______4253 1078_ 4314 1------^______4411 1079.. 4314 3570 ______4253 4314 21 CFR 3571 _ 4253 1131. 3572 __J______4254 1421. 4250 8______4534 4529 27—------4535 3573 ______4254 1427_ 120 ______4411 3574 ______4254 1430_ 4410 4351 121 ------4535, 4536 3575—______4475 1483.. 144------— ______4536 3576 __f ______4476 1485._ 4531 3577 __ 4476 1486__ 4314 22 CFR 3578 ______4476 1600. 4532 72 --:------4412 3579 __Î______4477 1601. 4315 P roposed R u l e s : 3580 ____ 4477 4315 Ch. II______4321 3581 ______^ ______4477 4600 FEDERAL REGISTER
43 CFR—Continued Page P ublic Land Orders—Continued 3582 ____|______j ______4478 3583 ______4478 3584 _____ 4478 3585 ____ 4539 3586 ___ 4540 3587 ______4540 3588 ______4540 3589 ______4541 3590 ______4541 3591 ______4541 3592______1______4541 3593______4542 3594______4542 3595 ______4542 3596 ______4542 45 CFR 180------;______4359 46 CFR 510______vt____ 4360 P roposed R ules: * 221______4416 537______4557 47 CFR o______4543 l — ______4478, 4479,4543 2______4479 73______4479, 4480,4543 P roposed R u l e s: 2______4322, 4492 21______4322 73 ______4493, 4495,4554 74 ______4322 87______4492 91______4322 97______4496 49 CFR 95_____ 4254 193-____ 4481