FEDERAL REGISTER VOLUME 35 • NUMBER 123 Thursday, June 25, 1970 • Washington, D.C. Pages 10349-10422

Agencies in this issue— Agricultural Research Service Agricultural Stabilization and Conservation Service Agriculture Department Army Department Atomic Energy Commission Business and Defense Services Administration Commodity Credit Corporation Consumer and Marketing Service Education Office Federal Aviation Administration Federal Coal Mine and Safety Board of Review Federal Communications Commission Federal Power Commission Federal Reserve System Fish and Wildlife Service Food and Drug Administration Housing and Urban Development Department Indian Affairs Bureau Interior Department Internal Revenue Service Interstate Commerce Commission Land Management Bureau Mine Operations Appeals Board National Highway Safety Bureau National Park Service Securities and Exchange Commission Small Business Administration Tariff Commission Detailed list of Contents appears inside. Current White House Releases

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS

This unique service makes available transcripts of system of cumulative indexes. Other finding aids the President’s news conferences; messages to Con­ include lists of laws approved by the President and gress; public speeches, remarks, and statements; of nominations submitted to the Senate, a checklist of White House releases, and a digest of other White and other Presidential materials released by the House announcements. White House. This systematic publication of Presidential items The Weekly Compilation carries a Monday date- provides users with up-to-date information and a line and covers materials released during the pre- permanent reference source concerning Presidential ceding week. It includes an Index of Contents and a policies and pronouncements.

Subscription Price: $9.00 per year

Compiled by Office of the Federal Register, National Archives and Records Service, General Services Administration

Order from: Superintendent of Documents U.S. Government Printing Office, Washington D.C. 20402

*

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FEDEMLjptEGISTER Archives and Records Service, General Services Administration, Washington, D.C. 20408, Area Code 202 V'V/WITEO*' ^ Phone .962-8626 pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Register, ap­ proved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The F ederal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable in advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code of Federal Regulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first Federal R egister issue of each month. There are no restrictions on the republication of material appearing in the Federal Register or the Code of Federal R egulations. Contents

AGRICULTURAL RESEARCH CONSUMER AND MARKETING FEDERAL POWER COMMISSION SERVICE SERVICE Proposed Rule Making Rules and Regulations Proposed Rule Making Procedure in matters on reference Hog cholera and other communi­ Milk handling in southern Michi­ from court; rejection of rate cable swine diseases; areas quar­ gan marketing area, suspension schedules or contracts contain­ antined (2 documents)______10357 of certain provision______10364 ing provisions inhibiting good Potatoes, Irish, grown in Idaho faith presentations______10379 AGRICULTURAL STABILIZATION and Oregon; shipments limita­ Notices AND CONSERVATION SERVICE tion ______10363 Hearings, etc.': Rules and Regulations Notices Crystal Oil Co______10397 Reconstitution of farms, allot­ Market Administrator; designa­ Livingston Oil Co______10397 ments, and bases; guides for tions and termination of desig­ FEDERAL RESERVE SYSTEM determining land constituting nation (2 documents)______10388 a farm______10353 Rules and Regulations Sugar; continental requirements, DEFENSE DEPARTMENT Truth in lending; exemption of quotas, and quota deficits for See Army Department. certain State regulated trans­ 1970 ______10353 actions ______10358 AGRICULTURE DEPARTMENT EDUCATION OFFICE Notices See also Agricultural Research Notices First Wisconsin Bankshares Service; Agricultural Stabiliza­ Education professions develop­ Corp.; approving acquisition of tion and Conservation Service; ment; closing date for certain bank stock by bank holding Commodity Credit Corporation; programs during 1972 fiscal com pany______10399 Consum er and Marketing year ______10396 United Virginia Bankshares, Inc.; Service. determination under B a n k Notices FEDERAL AVIATION Holding Company Act______10399 Monroe Reservoir and Cannelton ADMINISTRATION FISH AND WILDLIFE SERVICE Locks and Dam, Indiana; joint Rules and Regulations Rules and Regulations order interchanging adminis­ trative jurisdiction of Depart­ Control zone; designation______10359 Sand Lake National Wildlife ment of the Army lands and Transition areas: Refuge, S. Dak.; hunting (2 National Forest lands; cross Alterations (2 documents)_____ 10358 documents)______10361, 10362 Designation______10359 reference______10388 FOOD AND DRUG Proposed Rule Making ARMY DEPARTMENT Airworthiness directive; Sensen- ADMINISTRATION Notices ich aircraft propellers______10365 Rules and Regulations Monroe Reservoir and Cannelton Control zones and transition Drugs; tetracycline with olean­ Locks and Dam, Indiana; joint areas; alterations (4 docu­ domycin or triacetylolean- order interchanging administra­ ments)------10366-10368 domycin; postponement of effec- tive jurisdiction of Department Transition areas: tive date______10359 Alteration______10365 of the Army lands and National Proposed Rule Making Forest lands______10382 Designation; supplemental no­ tice ------10366 Certain topical dental antibiotic ATOMIC ENERGY COMMISSION drugs; revocation of certification Notices ' FEDERAL COAL MINE SAFETY provision______10364 Kollmorgep. Corp., issuance of BOARD OF REVIEW Notices byproduct material license_____ 10397 Drugs for human use; efficacy Rules and Regulations study implementation: b u sin ess a n d d e f e n s e Deletion of chapter.______10360 Anticholinesterase drugs, cer­ SERVICES ADMINISTRATION tain, for opthalmic use______10392 Notices FEDERAL COMMUNICATIONS Oxanamide and certain other COMMISSION drugs------10394 Applications and decisions on ap­ Proteolytic enzymes, oral_____ 10393 plications for duty-free entry Rules and Regulations Trypsin or Chymotrypsin injec­ of scientific articles: Termination date for use of tion and ointment______10396 California State Polytechnic SHORAN equipment______10361 College et al______10388 HEALTH, EDUCATION, AND Proposed Rule Making Environmental Science Services WELFARE DEPARTMENT Administration et al______10389 Frequency modulated microwave Education Office; Food and Massachusetts General Hos­ radio relay systems; calculation See pital ------* ______10391 of necessary bandwidth and Drug Administration. Stanford University et al_____ 10391 measurement of occupied band­ HOUSING AND URBAN width ------:______10372 COMMERCE DEPARTMENT Obligations of broadcast licensees DEVELOPMENT DEPARTMENT See Business and Defense Services under fairness doctrine; exten­ Notices Administration. . sion of time______10378 Assistant Regional Administrator Radiotelephone stations; princi­ COMMODITY CREDIT and Deputy Assistant Regional pal operating position.______10378 Administrator for Metropolitan CORPORATION Television broadcast stations;, Development, Fort Worth Re­ table of assignments: Rules and Regulations gional Office; redelegation of Charlotte Amalie and Chris- authority______10397 Rye; 1970 and subsequent crops tiansted, V.I______10376 toan and purchase program____ 10355 New Jersey and Pennsylvania— 10375 (Continued on next page) 10351 10352 CONTENTS

INDIAN AFFAIRS BUREAU LAND MANAGEMENT BUREAU NATIONAL HIGHWAY SAFETY Notices Rules and Regulations . BUREAU Rocky Boy’s Reservation, Mon­ Public land orders : Proposed Rule Making tana; ordinance legalizing in­ New Mexico______10360 Air brake systems on trucks and troduction, sale or possession of Oregon (2 documents) ______10360 buses; motor vehicle safety intoxicants ______10384 Notices standard ______10368 California: INTERIOR DEPARTMENT Proposed amendment to final NATIONAL PARK SERVICE See also Pish and Wildlife Service; classification of public land Rules and Regulations for multiple-use manage- Indian Affairs Bureau; Land Olympic National Park, Wash.; m en t______10384 Management Bureau; Mine Op­ dogs and cats______10359 erations Appeals Board; N a­ Proposed withdrawal and reser­ tional Park Service. vation of lands______10384 SECURITIES AND EXCHANGE Notices Montana: Classification of public lands for COMMISSION Theodore Roosevelt Inaugural Na­ multiple-use management— 10385 Notices tional Historic Site, New York; Termination of proposed with­ establishment______10388 drawal and reservation of Hearings, etc.: lands______10385 . Macke Co______10399 INTERNAL REVENUE SERVICE Oregon; termination of proposed United Beryllium Industries____ 10400 Notices withdrawal and reservation of lands____1______:______10387 SMALL BUSINESS Granting of relief: Utah; classification of public lands ADMINISTRATION Boyer, Thomas Irvin------10381 for multiple-use management— 10387 Cook, Gerald Wayne------10381 Notices Eads, William D ------10381 MINE OPERATIONS APPEALS North Central Capital Corp.; ap­ Hicks, Willie______10382 plication for license as small Otto, Robert Paul______10382 BOARD business investment company— 10400 Sacco, Nicholas Douglas------10382 Notices Armco Steel Corp. et al.; petition TARIFF COMMISSION INTERSTATE COMMERCE for modification of Interim Notices Mandatory Safety Standard------10383 COMMISSION Workers’ petition for determina­ Kentucky Carbon Corp.; petition tion of eligibility to apply for Proposed Rule Making for modification of Safety adjustment assistance; investi­ Cincinnati, Ohio, commercial Standard______10383 gation and hearing— ------— — 10401 zone; redefinition of limits; extension of time— , ------10380 TRANSPORTATION DEPARTMENT Notices See Federal Aviation Administra­ Motor carrier, broker, water car­ tion; National Highway Safety rier and freight forwarder ap­ Bureau. plications ______— 10401 Motor carrier temporary authority TREASURY DEPARTMENT applications (2 documents)------10417, 10418 See Internal Revenue Service. List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1970, and specifies how they are affected.

3 CFR 18 CFR 4 3 CFR Executive O rder : P roposed R ules: P ublic L and O rders : 10360 July 10,1917 (see PLO 4848) _ _ 10360 1 * 10379 4847______10360 161 10379 4848 ______7 CFR 4849 __10360 719— ______- _____ 10353 21 CFR 8 1 1 ______- ______— ______1Q353 141c ______10359 4 7 CFR 1421______10355 146c ______10359 __ 10361 P roposed R ules: P roposed R ules: 91 _10361 945______10363 146a______10364 P roposed R ules: 1040 ______10364 ______10364 146b ______?, 10372 9 CFR 73 (3 documents)------10375-10378 3 0 CFR _10378 76 (2 documents)-— ------______lUoD1 8^ Ch. IV ______10360 12 CFR 4 9 CFR 3 6 CFR 226______10358 P roposed R ules : 7 ______10359 571 ___ 10368 14 CFR _10380 71 (4 documents) _ _ 10358, 10359 1048 P roposed R u l e s : 50 CFR 39______10365 71 (6 documents)______10365-10368 32 (2 documents)------10361, 10362 10353 Rules and Regulations

and easily accessible if the county com­ to Sugar Regulation 811 (34 F.R. 19901) Title 7— AGRICULTURE mittee determines such tracts are close as amended, is to revise the determina­ enough together so that they will be tion of sugar requirements for the cal­ Chapter VII— Agricultural Stabiliza­ operated as a single farming unit. In endar year 1970, establish quotas, pro­ tion and Conservation Service (Agri­ determining whether such tracts are rations and direct-consumption limits cultural Adjustment), Department nearby and easily accessible, the county consistent with such requirements and of Agriculture committee shall consider whether: (1) to determine and prorate or allocate the The farm labor and machinery are or deficits in quotas established pursuant SUBCHAPTER B— FARM MARKETING QUOTAS could be freely interchanged during the to the Act. AND ACREAGE ALLOTMENTS period when normal farming operations Section 201 of the Act requires that [Arndt. 19] are in progress; (2) the cropping pattern the Secretary shall revise the determina­ or land uses will be such as to reflect a tion of sugar requirements at such time PART 719— RECONSTITUTION OF single farming unit; and (3) it is prac­ during the calendar year as may be FARMS, ALLOTMENTS, AND BASES tical to administer the program opera­ necessary. tions from one comity office. Total deliveries of sugar for consump­ Guides for Determining Land (f) Productivity. Combinations of tion in the United States continue to Constituting a Farm tracts under different ownership shall1 run well ahead of expectations. Per cap­ Basis and purpose. This amendment is not be permitted where the county com­ ita distribution for the first 5 months of issued pursuant to the Agricultural Ad­ mittee determines that (1) one tract is the year on a seasonally adjusted basis justment Act of 1938, as amended (52 primarily irrigated land and the other is more than 5 percent greater than the Stat. 31, as amended, 7 U.S.C. 1281 et tract is primarily nonirrigated, or (2) the high rate which prevailed in 1968 and seq.), section 124 of the Soil Bank Act (7 present productivity of the cropland on 1969. An increase in requirements at this U.S.C. 1812), section 602 of the Pood and one tract differs substantially from the time will encourage additional offerings Agriculture Act of 1965 (7 U.S.C. 1838), productivity of the other tract. Pro­ of readily available sugar and enable and the Soil Conservation and Domestic jected or proven farm yields may be foreign countries to better plan their ex­ Allotment Act, as amended (16 U.S.C. considered in making this determination portations to the United States. This 590g-q). but they should not be the sole basis for action will also provide ample time for Section 719.4 of the regulations gov­ such determination. any country to notify the Department be­ erning the Reconstitution of Farms, (g) Operation. The county commit­ fore August 1 in the event it cannot fill Allotments and Bases, 29 P.R. 13370, as tee, in determining the constitution of its quota, including deficit prorations. amended, is amended to add a new para­ a farm, shall satisfy itself that the op­ Accordingly, total sugar requirements graph (d) clarifying the regulations to erator will be in general control of the for the calendar year 1970 are herein provide that all land which is nearby and farming operations on the farm in the increased by 100,000 short tons, raw easily accessible and which is owned and program year. value, to a total of 11,200,000 short tons, operated by a parent corporation and its (Secs. 374, 375, 52 Stat. 65, as amended, 66, raw value. subsidiaries shall be considered as one as amended; sec. 124, 70 Stat. 198, sec. 602, Section 204(a) of the Act provides farm. Section 719.4, as amended, reads as 79 Stat. 1206; sec. 4, 49 Stat. 164; 7 U.S.C. that the Secretary shall from time to follows: 1374, 1375, 1812, 1838; 16 U.S.C. 590d) time determine whether any area or Effective date: Upon publication in country will be unable to fill its quota § 719.4 Guides for determining the land or proration of a quota. On the basis of the F ederal R eg iste r . constituting a farm. the quota established for Puerto Rico for (a) General. In determining the con­ Signed at Washington, D.C., on the calendar year 1970 findings were stitution of a farm, consideration shall June 19, 1970. heretofore made (35 F.R. 7777, 8915) that be given to a number of provisions such K e n n e t h E. F r ic k , Puerto Rico was unable to fill its quota as ownership, operation, accessibility and Administrator, Agricultural Sta­ by, 550,000 short -tons, raw value, and nearness, and the productiveness of dif­ bilization and Conservation accordingly quota deficits were deter­ ferent tracts. A brief explanation of these Service. mined for Puerto Rico for 550,000 tons. provisions is outlined in this section to [F.R. Doc. 70-8072; Filed, June 24, 1970; On the basis of the latest available in­ assist committees in properly determin­ 8:51 a.m.] formation it is herein found that Puerto ing what land is to be included in a farm. Rico will be unable to fill its quota by an (b) Ownership. The county committee additional 150,000 short tons, raw value. shall require specific proof where there Chapter VIII— Agricultural Stabiliza­ Therefore, a total deficit is herein deter­ is doubt as to ownership. tion and Conservation Service mined in the 1970 quota for Puerto Rico (c) Family members. Land owned by (Sugar), Department of Agriculture of 700,000 short tons, raw value. Accord­ different members of an immediate ingly, the additional quota deficits of family living in the same household and SUBCHAPTER B— SUGAR REQUIREMENTS AND 150,000 short tons, raw value, for Puerto operated as a single farming unit shall QUOTAS Rico are herein determined and are allo­ be considered as being under the same [Sugar Reg. 811, Amdt. 5] cated and prorated to foreign countries ownership in determining a farm. pursuant to section 204(a) of the Act. (d) Parent corporations and subsidi­ PART 811— CONTINENTAL SUGAR If production exceeds the present esti­ aries. All land which is nearby and easily REQUIREMENTS AND AREA QUOTAS mates for Puerto Rico, the marketing accessible and which is owned and Requirements, Quotas and Quota opportunities for that area within the operated by a parent corporation and total mainland quota for that area will subsidiary corporations of which the Deficits for 1970 not be limited as a result of the deficit parent corporation owns 50 percent or Basis and purpose and bases and con­ determination and proration provided more of the shares of stock (or which is siderations. This amendment is issued owned and operated by such subsidiary pursuant to the authority vested in the herein. corporations) shall be constituted as one Secretary of Agriculture by the Sugar The government of the Republic of the farm. Act of 1948, as amended (61 Stat. 922, as Philippines has notified the Department (e) Nearby and easily accessible.amended), hereinafter referred to as the that it will be able to supply an addi­ Tracts of land shall be considered nearby “Act”. The purpose of this amendment tional 50,000 tons of its share of deficits

FEDERAL REGISTER, V O I. 35, NO. 123— THURSDAY, JUNE 25, 1970 10354 RULES AND REGULATIONS to the United States during 1970. There­ able to fill 150,000 short tons, raw value, pines is 1,276,020 short tons, raw value, fore, pursuant to section 204(a) of the of its statutory share of deficits during representing 1,126,020 short tons, estab­ Act, 50,000 tons of the additional deficit the calendar year 1970 which is 50,000 lished pursuant to section 202 of the of 150,000 tons is herein allocated to the tons more than the amount of deficits Act and 150)000 short tons established Republic of the Philippines and the previously allocated to the Republic of pursuant to section 204 of the Act. Of remainder of the additional defict the Philippines. Therefore, pursuant to the quantity of 1,126,020 short tons amounting to 100,000 short tons, raw section 204(a) of the Act, 50,000 short established pursuant to section 202 of value, is herein prorated to Western tons, raw value, of the 150,000 tons addi­ the Act, only 59,920 short tons, raw Hemisphere countries listed in section tional deficit in the quota determined in value, may be filled by direct-consump­ 202(c) (3) (A ) of the Act on the basis of paragraph (a) (2) of § 811.81 is here tion sugar pursuant to section 207(d) of published^quotas most recently in effect. allocated to the Republic of the Philip­ the Act. By virtue of the authority vested in the pines and the remainder is prorated to (c) For the calendar year 1970, the Secretary of Agriculture by the Act, Part Western Hemisphere countries named in prorations to individual foreign coun­ 811 of this chapter is hereby amended by section 202(c) (3) (A ) of the Act on the tries other than the Republic of the amending §§ 811.80, 811.81, 811.82, and basis of published quotas most recently Philippines pursuant to section 202 of 811.83 as follows: in effect as established in Sugar Regu­ the Act are shown in columns (1) and 1. Section 811.80 is amended to read lation 811 for 1970 (35 F.R. 8915). (2) of the following table. Deficit prora- as follows: * * * * • tions previously established in amend­ ment 4 of § 811.83 are shown in column § 811.80 Sugar requirements, 1970. 4. Section 811.83 is amended by (3 ) . In column (4) a portion of the addi­ The amount of sugar needed to meet amending paragraphs (b) and (c) to tional deficit in the quota for Puerto the requirements of consumers in the read as follows: Rico amounting to 100,000 short tons, continental United States for the calen­ § 811.83 Quotas for foreign countries. raw value, is herein prorated to Western dar year 1970 is hereby determined to be Hemisphere countries listed in section * * * * * 11,200,000 short tons, raw value. 2 0 2 (c)(3 )(A ) of the Act, on the basis 2. Section 811.81 is amended by (b) For the calendar year 1970, the of published quotas most recently in amending paragraph (a) to read as quota for the Republic of the Philip- effect. follows: Temporary § 811.81 Quotas for domestic areas. quotas and Previous New Total Countries Basic quotas prorations deficit deficit quotas and (a) (1) For the calendar year 1970 pursuant to - prorations prorations prorations domestic area quotas limiting the quan­ sec. 202(d) * tities of sugar which may be brought into (1) (2) (3) (4) (5) or marketed for consumption in the con­ tinental United States are established, Mexico...... 240,640 260,562 89,776 19,332 610,316 pursuant to section 202(a) of the Act, in Dominican Republic. 235.354 254.833 87.802 18.907 696.896 column (1) and the amounts of such Brazil______235.354 254.833 87.802 18.907 596.896 Peru______- ______187,722 203,259 70,032 15,080 476,093 quotas for offshore areas that may be British West Indies... 94,017 75,283 31,038 6,590 206,928 filled by direct-consumption sugar are Ecuador...... 34,245 37,078 12,775 2,751 86,849 French West Indies... 29,575 23,681 9,764 2,073 65(093 established, pursuant to section 207 of Argentina...... 28,952 31,348 10,801 2,326 73,427 the Act, in column (2) as follows: Costa Rica______27.707 30.000 10.336 2,226 70.269 Nicaragua___ ...... 27.707 30.000 10.336 2,226 70.269 Colombia______24,905 ' 26,967 9,291 2,001 63,164 Direct- Guatemala______.... 23,348 25,281 8,711 1,876 59,216 Area Y Quotas consumption Panama______17,434 18,877 6,503 1,400 44,214 limits El Salvador______17,122 18,539 6,388 1,375 43,424 Haiti______13,075 14.156 4,878 1,050 33.159 (1) (2) Venezuela...... 11,830 12,808 4,414 950 30,002 British Honduras___ 6,849 5,484 2,261 480 15,074 Bolivia...... 2,802 3.034 1.046 225 7.107 (Short tons., raw value) Honduras______2,802 3.034 1.046 225 7.107 Australia...... 112,073 89.157 201,230 Domestic beet sugar...... 3,406,333 No liihit Republic of China— 46,697 37,149 83,846 Mainland cane sugar...... 1,238,667 No limit* India______44,829 35,663 80,492 Hawaii...... ___ 1,145,486 38,304 South Africa...... 32,999 26,252 59,251 Puerto Rico...... ___ 1,140,000 168,000 Fiji Islands...... — 24,594 19,565 44.159 Virgin Islands...... ___ 15,000 0 Thailand...... 10.274 8.173 18.447 Mauritius...... 10.274 8.173 18.447 Malagasy Republic... 5,292 4,210 9,502 (2) It is hereby determined pursuant Swaziland ...... — 4,047 3,219 7,266 Ireland______5,351 5,351 to section 204(a) of the Act that for the Bahamas...... 10,000 10,000 calendar year 1970 Puerto Rico and the 100,000 3,693,494 Virgin Islands will be unable by 700,000 Total. 1,567,876 1,560,618 465,000 and 15,000 short tons, raw value, re­ spectively, to fill the quotas established * Proration of the quotas withheld from Cuba and Southern Rhodesia. for such areas in subparagraph (1) of (Secs. 201, 202, 204, and 403; 61 Stat. 923, as termined and found that compliance this paragraph. Pursuant to section amended, 924, as amended, 925, as amended, with the notice, procedure, and effective 204(b) of the Act the determination of 932; and 7 U.S.C. 1111, 1112, 1114, and 1153) date requirements of 5 U.S.C. 533 is un­ such deficits shall not affect the quotas Effective date. This action increases necessary, impracticable, and contrary established in subparagraph (1) of this to the public interest and this amend­ paragraph. quotas for the calendar year 1970 by 100,000 tons and allocates and prorates ment shall be effective when filed for * * * * * additional deficits of 150,000 tons to the public inspection in the Office of the Federal Register. 3. Section 811.82 is amended by Republic of the Philippines and Western amending paragraph (a) to read as Hemisphere countries with sugar quotas Signed at Washington, D.C., on follows: in effect. In order to promote orderly June 19,1970. marketing, it is essential that this K e n n e t h E. F r ic k , § 811.82 Proration and allocation of amendment be effective immediately so deficits and quotas in effect. Administrator, Agricultural Sta­ that all persons selling and purchasing bilization and Conservation (a) On the basis of information re­ sugar for consumption in the continental Service. cently received from the Republic of the United States can promptly plan and Philippines it is herein determined that market under the changed marketing [F.R. Doc. 70-8048; Filed, June 24, 1970; the Republic of the Philippines will be opportunities. Therefore, it is hereby de­ 8:49 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 RULES AND REGULATIONS 10355

Chapter XIV— Commodity Credit Cor­ “thin” grade, or both, but otherwise must (a) Separate receipt. A separate re­ poration, Department of Agriculture grade U.S. No. 2 or better. ceipt must be submitted for each grade (2) Rye must not grade “Light and quality of rye. SUBCHAPTER B— LOANS, PURCHASES, AND Smutty”, “Light Garlicky”, “Garlicky”, (b) Entries. Each warehouse receipt OTHER OPERATIONS or contain in excess of 1 percent Ergot. or the warehouseman’s supplemental cer­ [CCC Grain Price Support Regs., 1970 and (3) Rye must not grade “Weevily” or tificate (in duplicate) properly identi­ Subsequent Crops Rye Supp.] ' contain over 14 percent moisture unless fied with the warehouse receipt, must PART 1421— GRAINS AND SIMILARLY the warehouse receipt representing the show (1) gross weight and net bushels, rye is accompanied by a supplemental (2) grade (including special grades), (3) HANDLED COMMODITIES certificate which provides that the ware­ percentage of ergot for rye containing in Subpart— 1970 and Subsequent Crops houseman shall deliver rye which is not excess of three-tenths of 1 percent of Rye Loan and Purchase Program “Weevily”, or does not contain over 14 ergot, (4) test weight, (5) dockage, (6) percent moisture, or both and is other­ moisture, if over 14 percent, (7) any The general regulations governing wise of an eligible grade and quality. The other grading factor(s) when such fac­ price support for the 1970 and subse­ grade, quality, and quantity shown on the to rs ) and not test weight determine the quent crops (35 P.R. 7363) issued by the supplemental certificate must be as pro­ grade, (8) whether the rye arrived by Commodity Credit Corporation which vided in § 1421.340. rail, truck, or barge, and (9) the date the contain regulations of a general nature § 1421.338 Determination o f quality. rye was received or deposited in the with respect to price support loan and warehouse. purchase operations are supplemented (a) Grading factors. The grade, grad­ (c) Where warehouse receipt shows for the 1970 and subsequent crops of rye ing factors, and all other quality factors “ Weevily” and/or moisture over 14 per­ by adding §§ 1421.335-1421.344 to read shall be based on the official grain stand­ cent. If a warehouse receipt tendered as as herein stated. The material previously ards of the United States for rye, whether security for a loan indicates that the rye appearing in §§ 1421.2840-1421.2849 re­ or not a determination of grade and qual­ grades “Weevily” or contains over 14 mains in full force and effect as to 1969 ity is based on an official inspection. The percent moisture, the warehouse receipt and prior crops of rye. cost of official grade determinations, must be accompanied by a supplemental when made, shall not be for the account Sec. certificate as provided in § 1421.337 1421.335 Purpose. of CCC. (b) (3). The grade, grading factors, and 1421.336 Availability. (b ) Ergot. The quantity of ergot shall quantity to be delivered must be shown 1421.337 Eligible rye. be stated in terms of tenths of 1 percent on the supplemental certificate as 1421.338 Determination of quality. and, where applicable, the word “Ergoty” follows: 1421.339 Determination of quantity. shall be added to, and made a part of, the ( 1 ) When the warehouse receipt shows 1421.340 Warehouse receipts. grade designation. “Weevily” and the rye has been condi­ 1421.341 Pees and charges. 1421.342 Warehouse charges. § 1421.339 Determination of quantity. tioned to correct the “Weevily” condition, 1421.343 Maturity of loans. the supplemental certificate must show 1421.344 Support rates. When the quantity is determined by the same grade without the “Weevily” weight, a bushel shall be 56 pounds of rye designation and the same grading factors Authority : The provisions of this subpart free of dockage. In determining the and quantity as shown on the warehouse issued under sec. 4, 62 Stat. 1070, as amended; quantity of sacked rye by weight, a de­ 15 U.S.C. 714b. Interpret or apply sec. 5, 62 receipt; Stat. 1072, secs. 105, 401, 63 Stat. 1051, as duction of three-fourths of a pound for (2) When the warehouse receipt amended; 15 TJ.S.C. 714c, 7 U.S.C. 1421, 1441. each sack shall be made. shows a moisture content of over 14 per­ (a) In warehouse. The quantity of rye cent and the rye has been dried or § 1421.335 Purpose. on which a warehouse storage loan shall blended, the supplemental certificate This subpart contains program provi­ be made and the quantity delivered to or must show the grade, grading factors, sions which, together with the general acquired by CCC in an approved ware­ and quantity after drying or blending regulations governing price support for house under a farm-storage loan or a the rye to a moisture content of not over the 1970 and subsequent crops and any purchase shall be the net weight specified 14 percent. The quantity shown shall re­ amendments thereto or revisions thereof on the warehouse receipt or on the sup­ flect a drying or blending shrink as (such regulations are referred to in this plemental certificate, if applicable. If the specified in § 1421.339(a) ; subpart as “general regulations”), and rye has been dried or blended to reduce (3) The supplemental certificate must annual crop year supplement issued with the moisture content, the quantity speci­ state that no lien for processing will be respect to the crop of rye for which price fied on the warehouse receipt or supple­ claimed by the warehouseman from CCC support is being requested, apply to price mental certificate, if applicable, shall or any subsequent holder of the ware­ support loans and purchases for the 1970 represent the quantity after drying or house receipt; and subsequent crops of rye. blending, and such quantity shall reflect (4) In case of conditions specified in a minimum shrink in the receiving weight § 1421.336 Availability. subparagraphs (1) and (2) of this para­ excluding dockage of 1.2 times the per­ graph, the grade, grading factors, and Producers desiring price support must centage difference between the moisture the quantity shown on the supplemental obtain a loan or notify the county ASCS content of the rye, when received, and 14 certificate shall supersede the entries for office of intentions to sell to CCC no later percent. such items on the warehouse receipt. than the dates set forth in the annual (b) On farm. The quantity of rye eli­ (d) Liens. The warehouse receipts may crop year supplement to the regulations gible to be placed under farm storage be subject to liens for warehouse charges in this part. loan will be determined in accordance only to extent indicated in § 1421.342. § 1421.337 Eligible rye. with § 1421.18. The quantity acquired by (e) Freight certificate requirements. CCC from farm storage under a loan or Warehouse receipts representing rye (a) General. In order to be eligible for purchase shall be determined by weight. which has been shipped by rail, or by price support, the rye must be merchant­ (c) Dockage. When the quantity is de­ barge utilizing combination barge-rail able for use as food or feed, or for other termined by weight, the percentage of freight rates which are published and on uses, as determined by CCC, and must not dockage shall be determined and the file with the Interstate Commerce Com­ contain mercurial compounds or other weight of such dockage shall be deducted mission, from a country shipping point substances poisonous to man or animals. from the gross weight in determining the to a designated terminal point or to a (b) Warehouse-stored loan grade re­ net quantity. storage point and stored intransit to a Rye to be placed under a quirements. designated terminal point, must be ac­ warehouse storage loan must also meet § 1421.340 Warehouse ^receipts. companied by supplemental certificates. the following requirements: Warehouse receipts tendered to CCC in These certificates must bfe representa­ (1) The rye must grade U.S. No. 2 or connection with a loan or a purchase tive as to origin and date of movement better, except that it may grade U.S. No. must meet the requirements of this of rye and must reflect the rate of freight ^ or 4 on the factor of test weight or section. paid into the storage point and the

FEDERAL REGISTER, V O L 35, NO. 123— THURSDAY, JUNE 25, 1970 10356 RULES AND REGULATIONS

amount of penalty,, if any, for out-of­ been prepaid, the amount of the storage cations. The applicable basic support rate line haul. The form of the certificates charges to be deducted shall be reduced for warehouse storage loans on rye which will be prescribed by the ASCS com­ by the amount of the elevation charges was received by rail and stored in an modity office and shall be signed by the set forth in the table in the annual crop approved warehouse at a port terminal warehouseman. year supplement. market designated in paragraph (c) (2) (iii) of this section shall be determined § 1421.343 Maturity of loans. § 1421.341 Fees and charges. by adding to the basic support rate estab­ The producer shall pay a loan service Loans will mature on demand but not lished for the county from which the fee and delivery charge as specified in later than the date specified in the an­ rye was shipped, the amount of freight § 1421.11. nual crop year supplement to the regu­ charges per bushel actually paid in and lations contained in this subpart. an amount equal to the truck receiving § 1421.342 Warehouse charges. § 1421.344 Support rates. and rail loading-out charges computed in (a) Handling and storage liens. W are­ accordance with the applicable rates of house receipts and the rye represented Basic county support rates for rye and the UGSA in effect at the time the loan thereby stored in an approved warehouse the schedule of premiums and discounts is made. The freight rate paid into the operating under the uniform grain stor­ will be set forth in the annual crop year storage point shall be the lowest appli­ age agreement (hereinafter called supplement to the regulations contained cable freight rate to the port terminal “U G SA ”) may be subject to liens for in this subpart. Farm-stored rye loans market that would be used in commercial warehouse handling and storage charges will be made at the applicable basic channels of trade. at not to exceed the U G SA rates from county support rate adjusted, where ap­ (3) When shipped utilizing combina­ the date the rye is deposited in the ware­ plicable, for the weed control discount. tion barge-rail rates. The applicable The support rate for warehouse-storage house for storage. Warehouse receipts basic support rate for warehouse storage * and the rye represented thereby stored loans and for rye acquired under a loan loans on rye which was shipped utilizing in an approved warehouse operated by an or by purchase shall be the applicable combination barge-rail freight rates Eastern common carrier may be subject basic support rate adjusted in accord­ which are published and on file with the ance with the provisions of this section, to liens for warehouse elevation (receiv­ Interstate Commerce Commission and and the premiums and discounts in the ing and delivering) and storage charges stored in an approved warehouse shall annual crop year supplement on the basis from the date of deposit at rates ap­ be determined by adding to the basic of quality factors on warehouse receipts proved by the Interstate Commerce support rate established for the county or supplemental certificates in the case Commission. In no event shall a ware­ from which the rye was shipped, the of rye stored in or delivered to an ap­ houseman be entitled to satisfy the lien amount of freight charges per bushel proved warehouse or on such other form by sale of the rye when CCC is holder of actually paid in and an amount equal as CCC may prescribe in the case of rye the warehouse receipt. to the truck receiving and rail loading- delivered to other than an approved (b) Deduction of storage charges— out charges computed in accordance warehouse. Settlement of loans and pur­ UGSA warehouses. The table set forth with the applicable rates of the UGSA chases shall be made in accordance with in the annual crop year supplement will in effect at the time the loan is made. provide the deduction for storage charges the provisions of § 1421.23. The freight rate paid into the storage (a) Basic support rates for farm- to be made from the amount of the loan point shall be a rate which will permit stored rye. The applicable basic support or purchase price in the case o f rye the storage intransit privilege and pro­ rate for farm-storage loans shall be the stored in an approved warehouse oper­ tect the lowest single car, or barge basic county support rate established for ated under the UGSA. Such deduction freight rate applying from origin through the county in which the rye is stored. shall be based on entries shown on the point of storage to one of the interior or (b) Basic support rates for warehouse- warehouse receipts. If written evidence port terminal markets designated in is submitted with the warehouse receipt stored rye received by rail or utilizing paragraph (c) (2) of this section ""that combination barge-rail rates— (1) When that all warehouse charges except re­ would be used in commercial channels ceiving and loading-out charges have shipped by rail and stored intransit at in­ of trade. If the rye is stored in an ap­ terior locations. The applicable basic sup­ been prepaid through the applicable proved warehouse at a transit point port rate for warehouse-storage loans on loan maturity date, no storage deduc­ which takes a penalty by reason of back­ rye which was received by rail and stored tions shall be made. If such written haul or out-of-line movement when des­ evidence is not submitted, the date to be in an approved warehouse at other than tined to the designated interior or port used for computing the storage deduc­ a port terminal market shall be deter­ terminal market that would be used in mined by adding to the basic support rate tion on rye stored in warehouses oper­ commercial channels of trade, such ating under the UG SA shall be the latest established for the county from which the penalty or cost by reason of such move­ rye was shipped, the amount of freight of the following: ment shall be deducted from the support (1) The date the rye was received or charges per bushel actually paid in, and rates as determined in this paragraph. deposited in the warehouse, an amount equal to the truck receiving (2) The date storage charges start, or and rail loading-out charges computed in (c) Basic support rates for warehouse- (3) The day following the date accordance with the applicable rates of stored rye received by truck or nontariff through which the storage charges have the UG SA in effect at the time the loan barge— (1) Stored at other than termi­ (i) The applicable basic been paid. is made. The freight rate paid into the nal markets, (c) Deduction of storage charges— storage point shall be the lowest rate support rate for warehouse-storage Eastern common carriers. The table set which will permit the storage intransit loans on rye which was received by truck, forth in the annual crop year supplement privilege and protect the lowest single car or by barge not utilizing combination will provide the deduction for storage rate applying from origin through point barge-rail freight-rates, and stored in charges to be made from the amount of of storage to a terminal market desig­ an approved warehouse located outside the loan or purchase price in the case of nated in paragraph (c )(2 ) of this section the switching limits of terminal mar­ rye stored in an approved warehouse op­ that would be used in commercial chan­ kets designated in subparagraph (2) of erated by an Eastern common carrier. nels of trade. If the rye is stored in this paragraph shall be the basic county Such deduction shall be based on entries approved warehouse at a transit point support rate established for the county shown on . the warehouseman’s supple­ which takes a penalty by reason of back­ in which the rye is stored. mental certificate and delivery order. If haul or out-of-line movement when (ii) If two qr more approved ware­ written evidence is submitted with the destined to a designated terminal market houses are located in the same or adjoin­ supplemental certificate and delivery or­ that would be used in commercial chan­ ing towns, villages, or cities which have der that all warehouse charges except nels of trade, such penalty or cost by the same freight rate, such towns, vil­ elevation charges have been prepaid reason of such movement shall be de­ lages, or cities shall be deemed to con­ through the applicable loan maturity ducted from the support rates as deter­ stitute one shipping point and the same basic county support rate shall apply date, no storage deduction shall be made. mined in this paragraph. even though such warehouses are not Where the producer presents evidence (2) When shipped by rail and stored all located in the same county. Such showing that the elevation charges have at designated port terminal market lo­

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 RULES AND REGULATIONS 10357 support rate shall be the highest support market designated in paragraph (c) (2) Effective date. The foregoing amend­ rate of the counties involved. (ii) or (iii) of this section, whichever the ment shall become effective upon (2) Stored within the switching limitscase may be, that would be used in com­ issuance. of designated terminal markets, (i) The mercial channels of trade, and for pro­ The amendment excludes Prentiss, applicable basic county support rate for tecting such routes. The storing ware­ Tippah, Tishomingo, and a portion of warehouse-storage loans on rye which houseman shall also execute supple­ Itawamba Counties in Mississippi from was received by truck, or by barge not mental certificates showing (1) the rate the areas heretofore quarantined be­ utilizing combination barge-rail freight- of freight paid into the storage point, cause of hog cholera. Therefore, the re­ rates, and stored in an approved ware­ (2) amount of penalty, if any, for back­ strictions pertaining to the interstate house located within the switching limits haul or out-of-line penalty, (3) the ap­ movement of swine and swine products of a terminal market designated in sub­ plicable interior or port terminal market from or through quarantined areas as division (ii) or (iii) of this subparagraph that would be used in commercial chan­ contained in 9 CFR Part 76, as amended, shall be determined by adding 4 cents nels of trade and (4) any other informa­ will not apply to the excluded areas, but per bushel to thè basic county support tion which may be prescribed by CCC. Will continue to apply to the quarantined rate established for the county (or city) The warehouseman is responsible to CCC areas described in § 76.2. Further, the re­ in which the terminal market is located.. for the accuracy or omissions of infor­ strictions pertaining to the interstate (ii) Designated interior terminal mar­ mation on the supplemental certificate. movement from nonquarantined areas kets are as follows : His liability, if any, for his failure to com­ contained in said Part 76 will apply to ply with the provisions of this paragraph the excluded areas. Interior County in (d) will be determined in accordance terminal market which located The amendment relieves certain re­ with the provisions of the ÜG SA after strictions presently imposed and must be Atchison, Kans______Atchison. acquisition of the warehouse receipt by Cook. made effective immediately to be of max­ Chicago, 111______CCC. Council Bluffs, Iowa__ Pottawattamie. imum benefit to affected persons. Ac­ East St. Louis, 111___ St. Clair. Effective date : Upon publication in the cordingly, under the administrative pro­ Kansas City, Kans____ Wyandotte. F ederal R eg ister . cedure provisions in 5 U.S.C. 553, it is Kansas City, Mo______Jackson. found upon good cause that notice and Memphis, Tenn______Shelby. Signed at Washington, D.C., on other public procedure with respect to Milwaukee, W is______Milwaukee.' June 19, 1970. the amendment are impracticable and Minneapolis, Minn___ Hennepin. Omaha, Nebr______Douglas. K e n n e t h E. F r ic k , unnecessary, and good cause is found for St. Joseph, Mo______Buchanan. Executive Vice President, making it effective less than 30 days St. Louis, Mo______St. Louis. Commodity Credit Corporation. after publication in the F ederal R e g is ­ St. Paul, Minn______Ramsey. ter . [F.R. Doc. 70-8071; Filed, June 24, 1970; Sioux City, Iowa_____ Woodbury. 8:51 a.m.] Done at Washington, D.C., this 19th (iii) Designated port terminal markets day of June 1970. are as follows: G eorge W. I r v in g , Jr., Port County or city in Administrator, terminal markets which located Title 9— ANIMALS AND Agricultural Research Service. Albany, N.Y______Albany. Ama, La______Saint Charles. ANIMAL PRODUCTS [F.R. Doc. 70-8046; Filed, June 24, 1970; Astoria, Oreg______Clatsop. 8:49 a.m.] Baltimore, M d______Baltimore City. Chapter I— Agricultural Research Baton Rouge, La______Bast Baton Rouge. Service, Department of Agriculture Beaumont, Tex______Jefferson. PART 76— HOG CHOLERA AND Charleston, S.C______Charleston. SUBCHAPTER C— INTERSTATE TRANSPORTATION OTHER COMMUNICABLE SWINE Corpus Christi, Tex___ Neuces. OF ANIMALS AND POULTRY DISEASES Destraban, La______Saint Charles. Duluth, Minn______Saint Louis. PART 76— HOG CHOLERA AND Areas Quarantined Galveston, Tex______Galveston. OTHER COMMUNICABLE SWINE Houston, Tex______Harris. DISEASES Pursuant to the provisions of the Act Kalama, Wash______Cowlitz. of May 29, 1884, as amended, the Act of Long Beach, Calif____ Los Angeles. Areas Quarantined February 2,1903, as amended, the Act of Longview, Wash______Cowlitz. March 3, 1905, as amended, the Act of Los Angeles, Calif____ Los Angeles. Pursuant to provisions of the Act of September 6, 1961, and the Act of July 2, New Orleans, La______Orleans. May 29, 1884, as amended, the Act of 1962 (21 U.S.C. 111-113, 114g, 115, 117, New. York, N .Y______New York City. February 2, 1903, as amended, the Act Norfolk, Va______120, 121-123-126, 134b, 134f), Part 76, Chesapeake of March 3, 1905, as amended, the Act (N orfolk ). Title 9, Code of Federal Regulations, re­ Oakland, Calif______Alameda. of September 6,1961, and the Act of July stricting the interstate movement of Philadelphia, Pa______Philadelphia City. 2, 1962 (21 U.S.C. 111-113, 114g, 115, 117, swine arid certain products because of Port Allen, La______120; 121, 123-126, 134b, 134f), Part 76 West Baton Rouge. hog cholera and other communicable Port Arthur, Tex_____ Jefferson. Title 9, Code of Federal Regulations, re­ Portland, Oreg______Multnomah. swine diseases, Is hereby amended in the stricting the interstate movement of following respects: Sacramento, Calif____ Sacramento. swine and certain products because of San Diego, Calif. _____ 1. In § 76.2, the reference to the State San Diego. hog cholera and other communicable San Francisco, Calif__ San Francisco City. of Ohio in the introductory portiori of Seattle, Wash______King. swine diseases, is hereby amended in the paragraph (e) and paragraph (e) (13) following respects: Stockton, Calif______San Joaquin. relating to the State of Ohio are deleted. Superior, Wis______Douglas. In § 76.2, in paragraph (e) (8) relating 2. In § 76.2, in paragraph (e) C8) relat­ Tacoma, Wash______Pierce. to the State of Mississippi, subdivision ing to the State of Mississippi, subdivi­ Vancouver, Wash____ Clark. (iv) relating to Itawamba County is Westwego, La______Jefferson. sion (ii) relating to Copiah County is deleted, and subdivision (i) relating to Wilmington, Calif____ Los Angeles. deleted, and subdivision (i) relating to Lauderdale, Prentiss, Tippah, Tisho­ Lauderdale, Warren, and Yazoo Coun­ (d) Storing warehouseman’s responsi­mingo, Warren, and Yazoo Counties is ties is amended to read: The storing warehouseman in bilities. amended to read: (8) Mississippi, (i) Copiah, Lauder­ the case of rye received by rail or utiliz­ (8) Mississippi, (i) Lauderdale, War­ dale, Newton, Warren, and Yazoo Coun­ ing combination barge-rail freight rates ren, and Yazoo Counties. ties. which are published and on file with the Interstate Commerce Commission shall (Secs. 4-7, 23 Stat. 32, as amended, secs. 1, (Secs. 4-7, 23 Stat. 32, as amended, secs. 1, 2, 32 Stat. 791-792, as amended, secs. 1-4, 33 be responsible for determining the in-line 2, 32 Stat. 791-792, as amended, secs. 1-4, 33 Stat. 1264, 1265, as amended, sec. 1, 75 Stat. Stat. 1264, 1265, as amended, sec. 1, 75 Stat. routes via the storing warehouse that 481, secs. 3 and 11, 76 Stat. 130, 132; 21 U.S.C. 481, secs. 3 and 11, 76 Stat. 130, 132; 21 U.S.C. will protect the lowest freight rate to I l l , 112, 113, 114g, 115, 117,120, 121, 123-126, I l l , 112, 113, 114g, 115, 117, 120, 121, 123-126, the designated interior or port terminal 134b, 134f; 29 F.R. 16210, as amended) 134b, 134f; 29 F.R. 16210, as amended)

FEDERAL REGISTER, VOL. 35, NO. 123-r-THURSDAY, JUNE 25, 1970 No. 123----- 2 10358 RULES AND REGULATIONS

Effective date. The foregoing amend­ transactions within the State of Massachu­ or objections regarding the proposed setts except for those transactions in which ments shall become effective upon issu­ amendment. a federally chartered institution is a creditor No objections have been received and ance. are hereby granted an exemption from the the proposed amendment is hereby The amendments quarantine a portion requirements of Chápter 2 of the Truth in adopted without change and is set forth of Copiah County and all of Newton Lending Act effective July 1, 1970: below. County in Mississippi because of the ex­ (1) Transactions under open end consumer This amendment shall be effective 0901 istence of hog cholera. This action is credit plans which are subject to the require­ ments of section 127 of the Truth in Lend­ G.m.t., August 20,1970. deemed necessary to prevent further ing Act; (Sec. 307(a), Federal Aviation Act of 1958, spread of the disease. The restrictions (2) Consumer credit sales transactions not pertaining to the interstate movement of 49 U.S.C. 1348, sec. 6 (c ), Department of under open end credit plans which are sub­ Transportation Act, 49 U.S.C. 1655(c)) swine and swirie products from or ject to the requirements of section 128 of through quarantined areas as contained the act; * Issued in Kansas City, Mo., on June 5, in 9 CFR Part 76, as amended, will apply (3) Consumer loan transactions not under 1970. open end credit plans which are subject to to such counties. D a n ie l E. B a r r o w , the requirements of section 129 of the act. The amendments also excludfe a pór- Acting Director, Central Region. 2a. The purpose of this amendment is \ion of Darke County, Ohio, from the In § 71.181 (35 F.R. 2134), the follow­ areas heretofore quarantined because of to exempt certain credit transactions in ing transition area is amended to read: hog cholera. Therefore, the restrictions the State of Massachusetts from the re­ Arkansas Cit y /Winfield, K ans. pertaining to the interstate movement of quirements of Chapter 2 of the Truth in swine and swine products from or Lending Act (Title I of the Consumer That airspace extending upward from 700 through quarantined areas as contained Credit Protection Act (15 U.S.C. 1601ff)). feet above the surface within a 7-mile radius in 9 CFR Part 76, as amended, will not b. Pursuant to the provisions of 12 of Strother Field (latitude 37°10'10" N„ longitude 97°02'25" W.) ; and within 5 miles apply to the excluded area, but will con­ CFR 226.12 (Supplement II to Part 226 each side of the 175° bearing from Strother tinue to apply to the quarantined areas (Regulation Z )), the State of Massa­ Field, extending from the 7-mile radius area described in § 76.2. Further, the restric­ chusetts applied to the Board for an ex­ to 15 miles south to the airport. tions pertaining to the interstate move­ emption from the Truth in Lending Act; [F.R. Doc. 70-8041; Filed, June 24, 1970; ment from nonquarantined areas con­ notice of receipt of the application was 8:48 a.m.] tained in said Part 76 will apply to the published in the F ederal R e g ister of area excluded from quarantine: February 28, 1970 (35 F.R. 3927). The Insofar as the amendments impose cer­ Board granted this exemption after con­ [Airspace Docket No. 70-CE-19] tain further restrictions necessary to pre­ sideration of all relevant material, in­ vent the interstate spread of hog cholera cluding communications from interested PART 71— DESIGNATION OF FEDERAL they must be made effective immediately persons. The effective date of the exemp­ AIRWAYS, CONTROLLED AIRSPACE, to accomplish their purpose in the pub­ tion was deferred for less than the 30-day AND REPORTING POINTS lic interest. Insofar as they relieve re­ period referred to in section 553(d) of strictions, they should be made effective title 5, United States'Code. The Board Alteration of Transition Area promptly in order to be of maximum found that the amendment essentially On Pages 5711 and 5712 of the F ederal benefit to affected persons. involves no change in a substantive rule R eg ister dated April 8, 1970, the Federal Accordingly, under the administrative and deferral of the date beyond that Aviation Administration published a no­ procedure provisions in 5 U.S.C. 553, it is adopted by the Board would serve no use­ tice of proposed rule making which found upon good cause that notice and ful purpose. would amend § 71.181 of Part 71 of the other public procedure with respect to Federal Aviation Regulations so as to the amendments are impracticable, un­ By order of the Board of Governors, alter the transition area at Wisconsin necessary, and contrary to the public June 18, 1970. Rapids, Wis. interest, and good cause is found for [ s e a l ] K e n n e t h A. K e n y o n , Interested persons were given 45 days making them effective less than 30 days Deputy Secretary. to submit written comments, suggestions F ederal after publication in the [F.R. Doc. 70-8009; Filed, June 24, 1970; or objections regarding the proposed R e g ist e r . 8:46 a.m.] amendment. Done at Washington, D.C., this 19th No objections have been received and day of June 1970. the proposed amendment is hereby adopted without change and is set forth G eorge W. I r v in g , Jr., Administrator, Title 14— AERONAUTICS AND below. Agricultural Research Service. This amendment shall be effective 0901 G.m.t.-, August 20, 1970. [F.R. Doc. 70-8047; Filed, June 24, 1970; SPACE 8:49 a.m.] (Sec. 307(a), Federal Aviation Act of 1958, Chapter I— Federal Aviation Adminis­ 49 U.S.C. 1348, sec. 6 (c ), Department of tration, Department of Transportation Transportation Act, 49 U.S.C. 1655(c)) [Airspace Docket No. 69-CE-l 13J Issued in Kansas City, Mo., on June 5, Title 12— BANKS AND BANKING PART 71— DESIGNATION OF FEDERAL 1970. D a n ie l E. B a r r o w , Chapter II— Federal Reserve System AIRWAYS, CONTROLLED AIRSPACE, Acting Director, Central Region. AND REPORTING POINTS SUBCHAPTER A— BOARD OF GOVERNORS OF In § 71.181 (35 F.R. 2134), the follow­ THE FEDERAL RESERVE SYSTEM Alteration of Transition Area ing transition area is amended to read: [Beg- Z] isconsin apids is On page 2595 of the F ederal R eg ister W R , W . PART 226— TRUTH IN LENDING dated February 5,1970, the Federal Avia­ That airspace extending upward from 700 feet above the surface within a 6%-mil® Exemption of Certain State Regulated tion Administration published a Notice radius of the Alexander Field-Southwood Transactions of Proposed Rule Making which would County Airport (latitude 44°21'30" N., longi­ amend § 71.181 of Part 71 of the Federal tude 89o50'15'' W .); and within 3 miles each 1. Effective July 1, 1970, Supplement side of the 193* bearing from Alexander III to Regulation Z (§ 226.12— Supple­ Aviation Regulations so as to alter the Field-Southwood County Airport, extending ment) is amended by adding paragraph transition area at Arkansas City/Win- from the 6 y2 -mile radius area to 8 miles (d) as follows: field, Kans. south of the airport. Interested persons were given 45 days [F.R. Doc. 70-8042; Filed, June 24, 1970; (d) Massachusetts. Except as provided in 8:48 a.m .] § 226.12(c), the following classes of credit to submit written comments, suggestions,

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 RULES AND REGULATIONS 10359

[Airspace Docket No. 70-CE-20] (Sec. 307(a), Federal Aviation Act of 1958, the time for filing objections to the re­ 49 U.S.C. 1348, sec. 6 (c ), Department of peal order and postponing the effective PART 71—-DESIGNATION OF FEDERAL Transportation Act, 49 U.S.C. 1655(c)) date of such order until 40 days after AIRWAYS, CONTROLLED AIRSPACE, Issued in Kansas City, Mo., on June 3, publication of the final order on the AND REPORTING POINTS 1970. hearing regulations. That final order D a n ie l E. B a r r o w , . was published May 8, 1970 (35 F.R. Designation of Control Zone Acting Director, Central Region. 7250). On Page 5712 of the F ederal R egister Additional material concerning the In § 71.181 (35 F.R. 2134), the following drugs has been received and is being re­ dated April 8, 1970, the Federal Aviation transition area is added: Administration published a Notice of viewed; therefore, the Commissioner con­ Proposed Rule Making which would Huntington, I nd. cludes that the effective date of the repeal amend § 71.181 of Part 71 of the Federal That airspace extending upward from 700 orfler should be further postponed 30 Aviation Regulations so as to designate a feet above the surface within a 7-mile radius days to allow time for completion of the control zone at Carbondale, 111. "of the Huntington Municipal Airport (lati­ review of the material and the objections. Interested persons were given 45 days tude 40°51'15'' N., longitude 85°27'50" W .), When this review is completed, the Com­ to submit written comments, sugges­ excluding the portion whiéh overlies the Fort missioner will announce in the F ederal Wayne, Ind., 700-foot floor transition area. tions or objections regarding the pro­ R eg ister whether or not requests for posed amendment. [F.R. Doc. 70-8044; Filed, June 24, 1970; hearing with reasonable grounds have No objections have been received and 8:48 a.m.] been received. the proposed amendment is hereby Therefore, the effective date of the adopted without change and is set forth order of January 30, 1970 (35 F.R. 1234), is hereby postponed 30 days from June below. This amendment shall be effective 0901 Title 21— FOOD AND DRUGS 17, 1970. This action is taken pursuant G.m.t., August 20,1970. to provisions of the Federal Food, Drug, Chapter I— Food and Drug Adminis­ and Cosmetic Act (secs. 502, 507, 52 Stat. (Sec. 307(a), Federal Aviation Act of 1958, tration, Department of Health, Ed­ 1050-51, as amended, 59 Stat. 463, as 49 U.S.C. 1348, sec. 6 (c ), Department of amended; 21 U.S.C. 352, 357) and under Transportation Act, 49 U.S.C. 1655(c)) ucation, and Welfare authority delegated to the Commissioner Issued in Kansas City, Mo., on June 5, SUBCHAPTER C— DRUGS (21 CFR 2.120). 1970. PART 141c— CHLORTETRACYCLINE Dated: June 17,1970. D a n ie l E. B a r r o w , (OR TETRACYCLINE) AND CHLOR­ Acting Director, Central Region. R. E. D u g g a n , TETRACYCLINE- (OR TETRACY­ In §.71.171 (35 F.R. 2054), the follow­ Acting Associate Commissioner CLINE-) CONTAINING DRUGS; TESTS for Compliance. ing control zone is added: AND METHODS OF ASSAY CARBONDALE, ILL^ [F.R. Doc. 70-8017; Filed, June 24, 1970; 8:46 a.m.] Within a 5-mile radius of Southern Illi­ PART 146c— CERTIFICA TIO N OF nois Airport (latitude 37°46'50" N„ longitude CHLORTETRACYCLINE (OR TETRA­ 89°15'15'' W .); and within 3 miles each side CYCLINE) AND CHLORTETRACY­ of the“ 014° bearing from Southern Illinois Airport, extending from the 5-mile radius CLINE- (OR TETRACYCLINE-) CON­ Title 36— PARKS, FORESTS, zone to 8 miles north of the airport. This con­ TAINING DRUGS trol zone is effective during the specific dates AND MEMORIALS and times established in advance by a No­ Tetracycline With Oleandomycin or tice to Airmen. The effective date and time Triacetyloleandomycin; Postpone­ Chapter I— National Park Service, will thereafter be continuously published in ment of Effective Date Department of the Interior the Airman’s Information Manual. [F.R. Doc. 70-8043; Filed, June 24, 1970; An order was published in the F ederal PART 7— SPECIAL REGULATIONS, 8:48 a.m.] R eg ister of January 30, 1970 (35 F.R. AREAS OF THE NATIONAL PARK 1234), to become effective in 40 days SYSTEM amending Parts 141c and 146c of the an­ [Airspace Docket No. 70-CE-17] tibiotic drug regulations to repeal pro­ Olympic National Park, Wash.; Dogs PART 71— DESIGNATION OF FEDERAL visions for certification of combination and Cats drugs containing tetracycline and olean­ AIRWAYS, CONTROLLED AIRSPACE, domycin (or triacetyloleandomycin). A final notice was published at page AND REPORTING POINTS Thirty days were provided for filing 5945 of the F ederal R eg ister of April 10, Designation of Transition Area proper objections to the order and re­ 1970, to amend § 7.28 of Title 36 of the quests for a hearing. Code of Federal Regulations. The effect On page 4967 of the F ederal R egister In describing what would be considered of this amendment is to further revise dated March 21, 1970, the Federal Avia­ reasonable grounds for a hearing, refer­ and clarify the special regulation on dogs tion Administration published a notice of ence was made to the order promulgated and cats in the park. proposed rule making which would September 19, 1969 (34 F.R. 14596), re­ It is the policy of the Department of amend § 71.181 of Part 71 of the Federal vising rules applicable to requests for the Interior whenever practicable, to Aviation Regulations so as to designate a hearings (21 CFR 130.12(a)(5), 130.14 afford the public an opportunity to par­ transition area at Huntington, Ind. (b), 146.1 (d), (g). On January 16, 1970, ticipate in the rule making process. How­ Interested persons were given 45 days the Honorable James L. Latchum, Judge ever, since the amendment herein results to submit written comments, suggestions of the U.S. District Court for the District in a relaxation of restrictions on the pub­ or objections regarding the proposed of Delaware, filed an opinion that the lic, comment hereon is deemed unneces­ amendment. regulations revised September 19, 1969, sary and not in the public interest. There­ No objections have been received and were null and void because of the failure fore, this amendment shall take effect the amendment as so proposed is hereby of the Department to afford advance no­ upon the date of its publication in the adopted, subject to the following change: tice of proposed rulemaking and an op­ •Federal R eg ist e r . The coordinates recited in the Hunting- portunity for interested persons to file Section 7.28 is amended to read as ton, Ind., Municipal Airport, transition comment. The Commissioner of Food follows: area designation as “latitude 40°51'00" and Drugs published a proposal in the § 7.28 Olympic National Park. N., longitude 85°25'00” W .” are changed F ederal R egister of February 17, 1970 * * * * * to read “latitude 40°51'15" N., longitude (35 F.R. 3073, to repromulgate the revi­ 85°27'50" W .”. sion of those regulations. An order was (c) Dogs and cats. Dogs (except guide This amendment shall be eff ective 0901 published in the F ederal R egister of dogs) and cats are prohibited on any G.m.t., August 20, 1970. March 27,1970 (35 F.R. 5174), extending park land or trail, except on designated

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 10360 RULES AND REGULATIONS park roads and parking areas or within T. 12 N., R. 12 W., they affect land described above as the one-quarter mile of an established auto­ Sec. 20, NEi4, SE%SWi,4, NE % SE& , W & Sy2SW % sec. 1, T. 26 S., R. 3 W. mobile campground or concessioner over­ SEV4; Sec. 29, W % N E% .' Ey2wy2, SW%SW%, H a r r iso n L o esc h , night facility. NW%NW%SE%; Assistant Secretary of the Interior. ***** Sec. 31, SE% NE& , S E ^ S W ^ N E ^ , SE%; Sec. 32, Ny2NWV4. SW'/4NWi/4. J u n e 18, 1970. S. T. C a r l s o n , Superintendent, Post Office Flat Campground and Jamboree [F.R. Doc, 70-8019; Filed, June 24, 1970; 8 :46 a.m.1 Olympic National Park. Area T. 11 N., R. 12 W., [F.R. Doc. 70-8028; Filed, June 24, 1970; Sec. 19, lots 2, 3, 4, andEi/2SW«4. 8:47 a.m.] [Public Land Order 4849] The areas described aggregate 1,363.68 [Oregon 013237] acres in Valencia County. 2. The withdrawal made by this order OREGON Title 30— MINERAL RESOURCES does not alter the applicability of those public land laws governing the use of Withdrawal for Proposed Reclamation Chapter IV-r-Federal Coal Mine Safety the national forest lands under lease, Project Board of Review license, or permit, or governing the dis­ By virtue of the authority contained posal of their mineral or vegetative DELETION OF CHAPTER in section 3 of the Act of June 17, 1902, resources other than under the mining 32 Stat. 388, as amended and supple­ N ote : Chapter IV,, Title 30, is hereby laws. mented, 43 U.S.C. 416 (1964), it is deleted from the Codé of Federal Regula­ H a r r iso n L o e s c h , ordered as follows: Assistant Secretary of the Interior. tions. For repeal of Federal Coal Mine 1. Subject to valid existing rights, the Safety Act, as amended, see section 509, J u n e 18,1970. following described public lands, which Public Law 91-173. [F.R. Doc. 70-8018; Filed, June 24, 1970; are under the jurisdiction of the Secre­ 8:46 a.m.] tary of the Interior, and national forest lands, which are under the jurisdiction of the Secretary of Agriculture, are Title 43— PUBLIC LANDS: [Public Land Order 4848] hereby withdrawn from all forms of ap­ [Oregon 5263] propriation under the public land laws, INTERIOR including the mining laws (30 U.S.C., OREGON ch. 2), but not from leasing under the Chapter II— Bureau of Land Manage­ Withdrawal for Public Recreation Sites mineral leasing laws, for the proposed ment, Department of the Interior Hardman Dam and Reservoir site and By virtue of the authority vested in Dark Canyon Dam and Reservoir site of APPENDIX— PUBLIC LAND ORDERS the President and pursuant to Executive the Burnt River project: [Public Land Order 4847] Order No. 10355 of May 26, 1952 (17 F.R. W il l a m e t t e M e r id ia n [New Mexico 5046] 4831), it is ordered as follows: 1. Subject to valid existing rights, the W H IT M A N NATIONAL FOREST NEW MEXICO following described revested Oregon and Hardman Dam and Reservoir Site Withdrawal for National Forest California Railroad grant lands, which T. 13 S., R. 36 E., Recreation Areas are under the jurisdiction of the Secre­ sec. 28, sy2SE%NEV4, s %n e & s w %, sy2 tary of the Interior, axe hereby with­ SW14SWV4, SE % SW *41 N1/2SE14, and By virtue of the authority vested in drawn from all forms of appropriation Ny2sy2SEi4. the President and pursuant to Executive under the public land laws, including the PUBLIC DOMAIN Order No. 10355 of May 26, 1952 (17 F.R. mining laws (30 U.S.C., ch. 2), but not 4831 ), it is ordered as follows : from leasing under the mineral leasing Dark danyon Dam and Reservoir Site 1. Subject to valid existing rights, thelaws, and reserved for protection of pub­ T. 12 S., R. 41 E„ following described national forest lands lic recreation values: Sec. 3, Wi/2SW]4, SE%SWi4; Sec. 4, Ei/2SE%; are hereby withdrawn from appropria­ i l l a m e t t e e r id ia n W M Sec. 9, NE14NE14, Wi/2NE^, sy2NE&SWi4, tion under the mining laws (30 U.S.C., EMILE CREEK RECREATION SITE sy2sw%sw%, SE14SW14, wy2SE%; Ch. 2)," but not from leasing under the Sec. 16, Ny2NW%NE%, NE&NW^, wy2 mineral leasing laws, in aid of programs T. 27 S., R. 2 W., Nwy4, W 14NW&SW14, W&SW^SW^; of the Department of Agriculture: Sec- 1, wy2sw]4. Sec. 20, Ny2NEi4NE%; LITTLE RIVER COUNTY WAYSIDE Sec. 21, NWi/4NWy4NWy4. C ib o l a N a t i o n a l F o r e s t T. 27 s„ R. 2 W., NEW MEXICO PRINCIPAL MERIDIAN The areas described aggregate 910 Sec. 8, Sy2SEi/4. acres. Diener Canyon Forest Development Road SWIFTWATER RECREATION SITE Number 3178 Recreation Zone 2. The use and administration of the T. 26 S., R. 3 W„ lands affected by this order and which A strip of land 500 feet on each side of the sec. i,sy2sw%. are needed or used for operation of the centerline of Forest Development Road project, will become subject to the pro­ No. 3178, through the following legal The area described aggregates 240 visions of the reclamation laws (Act of subdivisions : acres in Douglas County. June 17, 1902, supra, as amended and T. 11 N., R. 12 W., * 2. The withdrawal made by this order Sec. 6, lots 1, 2, 7, S&NEft, SE&SW &, N& supplemented), including the use of the SE&.SW^SE^; does not alter the applicability of the lands under lease, license, or permit, at Sec. 7, lot 1, WV£NE]4 (excepting Moisés public land laws governing the use of the such time as the Hardman Dam and Res­ Nos. 1 and 9 mining claims), E y2NW*/4 lands under lease, license, or permit, or ervoir site and Dark Canyon Dam and (excepting Moisés No. 1 mining claim, governing the disposal of their mineral Reservoir site of the Burnt River project Mineral Survey No. 2222), and SE^4 ; or vegetative resources other than under are authorized by the Congress. Sec. 17, SW % N W ]4. W y2SW>4. S E ftSW ft, the U.S. mining laws, except that the 3. Pending authorization of the proj­ SW 14SE14; withdrawal is subject to Powersite Re­ Sec. 18, Ei/2NE%, NW/4NEI/4, NE % SE14, ect, the withdrawal made by this order serve No. 631 created by Executive Order SW%SE%; does not altfer the applicability of the of July 10, 1917, and Waterpower Des­ Sec. 19, NE 14N E V4, W y2NE 14, E % N W % ; public land laws governing the use of Sec. 20, N W & N E ^ , Ny2NW % , Ny2S]4 ignation No. 11, established by the Sec­ NW ]4. retary’s order of July 13, 1917, so far as the public and/or national forest lands

FEDERAL REGISTER, V O L 35, NO. 123— THURSDAY, JUNE 25, 1970 RULES AND REGULATIONS 10361

under lease, license, or permit, or the dis­ 3. The above quoted order also stated thorizatlons will be granted for SHORAN posal of their mineral or vegetative re­ that U.S. military departments were no operation on these frequencies. sources other than under the mining longer using SHORAN equipment and 2. In § 91.604, paragraph (b) (2) is laws, provided that on those lands needed that their surveying operations were be­ amended to read as follows: for the project such use or disposition ing handled by a then newly developed will not be inconsistent with the purpose equipment known as SHIRAN, operating § 91.604 Frequencies available. for which the lands are withdrawn. . in the frequency band 2900-3500 MHz. * * * * * 4. The Commission is now in receipt of ( b ) * * * H a r r iso n L o e s c h , Assistant Secretary of the Interior. a letter from the Office of Telecommuni­ (2) Radiolocation land and radioloca­ cations Management requesting the tion mobile stations making use of Ju n e 18, 1970. Commission to take the steps necessary SHORAN equipment may be authorized [P.R. Doc. 70-8020; Piled, June 24, 1970; to ensure deletion of the provisions of the use of this frequency only until Oc­ 8:46 a.m.] US 17 by January 1,1971. However, as the tober 1,1971, for the radiolocation activi­ result of subsequent discussions, it has ties of the petroleum industry only at now been agreed that the Commission locations within 150 miles of the respec­ will issue no new licenses for SHORAN tive ocean shorelines of Alaska and the Title 47— TELECOMMUNICATION operations subsequent to January 1,1971, contiguous 48 states (including the areas Chapter I— Federal Communications and that all SHORAN operations shall in and about bays and sounds), provided cease on or before October 1, 1971. The Commission that no harmful interference is caused to OTM request is based on the past warn­ stations operating in accordance with [PCO 70-629] ings to SHORAN users, the availability the Table of Frequency Allocations and PART 2— FREQUENCY ALLOCATION for some years of the SHIRAN equip­ provided that SHORAN operations are ment operating in the band 2900-3500 coordinated locally in advance with Fed­ AND RADIO TREATY MATTERS; MHz, and the fact that arrangements eral Government authorities mfl.king use GENERAL RULES AND REGULA­ have been made for non-Govemment of frequencies in this band in the same TIONS surveying operations in the bands 3100- area. As of January 1, 1971, no new au­ 3600 MHz, 10.0-10.5 GHz and 33.4-36.0 thorizations will be granted for SHORAN PART 91— INDUSTRIAL RADIO GHz. operation on this frequency. SERVICES 5. In view of the prior notice which ***** has been given to the public with respect Termination Date for Use of SHORAN [F B . Doc. 70-8055; Filed, June 24, 1970; to the action taken herein, we find that 8:49 a.m.] Equipment the notice and public procedure require­ Order. 1. Footnote US17 applies to the ments specified in 5 U.S.C. § 553 are Government band 225-328.6 MHz in the unnecessary. table of frequency allocatipns found in 6. Authority for the action taken Title 50— WILDLIFE AND Part 2 of the rules. This note, the sub­ herein is contained in sections 4(i) and stance of which is reflected in Part 91, 303 of the Communications Act of 1934, FISHERIES § 91.604(b) (2), has provided for the use as amended. Chapter I— Bureau of Sport Fisheries of the frequencies 230 MHz, 250 MHz and 7. Accordingly, it is ordered, That foot­ 310 MHz by Commission licensees in the note US17 and § 91.604(b) (2) are and Wildlife, Fish and Wildlife petroleum industry only, for radioloca­ amended, effective June 26, 1970, to Service, Department, of the Interior tion stations using SHORAN equipment, specify a termination date of October 1, PART 32— HUNTING under carefully controlled conditions. 1971, as set forth below. 2. Users of SHORAN equipment have (Secs. 4, 303, 48 Stat., as amended, 1066, 1082; Sand Lake National Wildlife Refuge, been on notice for several years that it 47 U.S.C. 154, 303) S. Dak. would be necessary for them to vacate the band at some point in time. For ex­ , Adopted: June 17, 1970: The following special regulation is ample, the Commission’s report and or­ Released: June 19, 1970. issued and is effective on date of publi­ der in Docket No. 16106, adopted Oc­ cation in the F ederal R e g ist e r . F ederal C ommunications tober 5, 1966, stated in paragraph 9: § 32.12 Special regulations; big game; C o m m is s io n 1 for individual wildlife refuge areas. It also sliould be pointed out that fre­ [ s e a l ] B e n F. W a p l e , quency requirements are increasing by serv­ Secretary. S o u t h D ak o ta ices to which the 225-400 Mc./s. band is allocated on a primary basis. Discussions A. Part 2 and Part 91 of Chapter I, Ti­ SAND LAKE NATIONAL W ILDLIFE REFUGE with appropriate govern m ent, agencies has tle 47 of the Code of Federal Regulations Public hunting of big game on the indicated that it may become necessary to are amended as follows: delete the availability of frequencies in that Sand Lake National Wildlife Refuge, band for Shoran operations by 1971. In the § 2.106 [Am ended] S. Dak., is permitted only on the area interim, adjustments of operations now cen­ designated by signs as open to hunting. 1. In § 2.106, the list of US Footnotes tered on the frequencies 230, 250, and 310 This open area, comprising 20,000 acres, is aihended by revising footnote US 17 to Mc./s. may be required to insure compatibil­ is delineated on a map available at the ity of Shoran operations with regular serv­ read as follows: ices * * * ^ refuge headquarters and from the Re­ US17 For the radiolocation activities of gional Director, Bureau of Sport Fish­ Again, in an order adopted January 18, the petroleum industry only, radiolocation eries^ and Wildlife, Federal Building, Fort land stations and radiolocation mobile sta­ 1967, the Commission stated in para­ tions making use of SHORAN equipment may Snelling, Twin Cities, Minn. 55111. Hunt­ graph 5 thereof: be authorized the use of the frequencies 230 ing shall be - in accordance with all Tiie growth rate of Government operations MHz, 250 MHz and 310 MHz only until Octo­ applicable State regulations covering the in the band 225—328.6 Mc./s. for operations ber 1, 1971, at locations within 150 miles of hunting of deer subject to the following other than surveying is such that it will re­ the respective ocean shorelines of Alaska and conditions: quire petroleum industry SHORAN users to the contiguous 48 states (including the areas (1) Archery season— December 7 vacate the band by January 1, 1971. Addi­ in and about bays and sounds), provided that through December 31, 1970, both dates tionally, since it is becoming increasingly no harmful interference is caused to sta­ inclusive. tions operating in accordance with the Table difficult to accommodate SHORAN users in (2) Firearms season— November 28 this band, it may be necessary between now of Frequency Allocations and provided that and that date to change one or more of the SHORAN operations are coordinated locally through December 6, 1970, both dates individual frequencies available for SHORAN with Federal Government authorities mak­ inclusive. to preclude interference to or from Govern­ ing use of frequencies in this band in the (3) All hunters must exhibit their ment operations. Present or potential users same area. As of January 1, 1971, no new au- hunting license, deer tag, and vehicle of SHORAN should take these factors into contents to Federal and State Officers account in planning for the future. 1 Commissioner Cox absent. upon request.

FEDERAL REGISTER, VOL. 35, NO. 123— -THURSDAY, JUNE 25, 1970 10362 RULES AND REGULATIONS

(4) Hunters will not be allowed to PART 32— HUNTING applicable State regulations covering the hunting of pheasants subject to the fol­ drive on refuge maintained trails, but Sand Lake National Wildlife Refuge, lowing conditions: may park their vehicles outside the S. Dak. (1) The open season for hunting refuge and hunt on foot, pheasants on the refuge is from Decem­ The following special regulation is is­ (5) All deer taken on the refuge not ber 7 through December 13, ,1970, both sued and is effective on date of publica­ checked by State or Federal Officers in dates inclusive. tion in the F ederal R eg iste r . the field must be checked at refuge (2) Hunters will not be allowed to §32.22 Special regulations; upland drive on refuge maintained trails, but headquarters. game; for individual wildlife refuge may park their vehicles outside of the Thé provisions of this special regula­ areas. refuge and hunt on foot. tion supplement the regulations which S o u t h D ak o ta The provisions of this special regula­ govern hunting on wildlife refuge areas SAND LAKE NATIONAL W ILDLIFE REFUGE tion supplement the regulations which generally, which are set forth in Title govern hunting on wildlife refuge areas Public hunting of pheasants on the generally, which are set forth in Title 50, 50, Code of Federal Regulations, Part 32, Sand Lake National Wildlife Refuge Code of Federal Regulations, Part 32, and are effective through December 31, S. Dak., is permitted only on the area and are effective through December 13, 1970. designated by signs as open to hunting. 1970. This open area, comprising 20,000 acres, L y l e J. S c h o o n o v e r , L y l k J. S c h o o no v er , Refuge Manager, is delineated on a map available at the Refuge Manager, Sand Lake National Wildlife Refuge. refuge headquarters and from the Re­ Sand Lake National Wildlife Refuge. gional Director, Bureau of Sport Fish­ J u n e J u n e 18, 1970. eries and Wildlife, Federal Building, Fort 18,1970. [F.R. Doc. 70-8029; Filed, June 24, 1970; Snelling, Twin Cities, Minn. 55111. [F.R. Doc. 70-8030; Filed, June 24, 1970; 8:47 a.m.] Hunting shall be in accordance with all 8:47 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 10363 Proposed Rule Making

paragraphs (c), (d ), and (e) of this requirements, the handler thereof shall DEPARTMENT OF AGRICULTURE section. report to the committee the name and (a) Minimum quality requirements— address of the producer of such potatoes, Consumer ¡and Marketing Service (1) Grade—All varieties. U.S. No. 2, or and each such shipment shall be handled 17 CFR Part 945 1 better grade. as an identifiable entity. (2) Size— (i) Round red varieties. 1% (c) Special purpose shipments. (1) IRISH POTATOES GROWN IN CERTAIN inches minimum diameter. The minimum grade, size, cleanliness, DESIGNATED COUNTIES IN IDAHO (ii) All other varieties. 2 inches mini­ and maturity requirements set forth in AND MALHEUR COUNTY, OREG. mum diameter, or 4 ounces minimum paragraphs (a ) and (b) of this section weight. shall not be applicable to shipments of Proposed Limitation of Shipments (iii) All varieties. Size B if U.S. No. 1, potatoes for any of the ‘ following or better grade. purposes: Consideration is being given to the is­ (iv) When containers of long vari­ (1) Charity; suance of the limitation of shipments eties of potatoes are marked with a count (ii) Certified seed; regulation hereinafter set forth, which or similar designation they must meet (iii) Seed pieces cut from stock eligible was recommended by the Idaho-Eastern the weight range for the count designa­ for certification as certified seed; Oregon Potato Committee, established tion listed below: (iv) Experimentation; pursuant to Marketing Agreement No. 98 (v) Canning, freezing, and “other and Order No. 945, both as amended (7 Count designation Weight range processing” as hereinafter defined. CFR Part 945). This marketing order Larger than 50 count-. 15 ounces or larger. Provided, That shipments of potatoes for program regulates the handling of Irish 50 count______12-19 ounces. the purposes specified in subdivision (v) potatoes grown in certain designated 60 count______10-16 ounces. of this subparagraph shall be exempt counties in Idaho and Malheur County, 70 count______9-15 ounces. from inspection requirements specified in Oreg., and is effective under the Agricul­ 80 count______8-13 ounces. § 945.65 and from assessment require­ tural Marketing Agreement Act of 1937, 90 count______7-12 ounces. 100 count-______6-10 ounces. ments specified in § 945.42. as amended (7 U.S.C. 601 et seq. j. 110 count______5-9 ounces. (2) The minimum grade, size, cleanli­ The recommendations by the Idaho- 120 count______4-8 ounces. ness, and maturity requirements set forth Eastern Oregon Potato Committee re­ 130 count______4-8 ounces. in paragraphs (a) and (b) of this section 140 count______4-8 ounces. flect its appraisal of the crop and shall be applicable to shipments of prospective market conditions. Ship­ Smaller than 140 count______4-8 ounces. potatoes for each of the following ments of new crop potatoes from the purposes: production area are expected to begin The following tolerances, by weight, are (i) Export. Provided, that potatoes of about mid-July, however, storage pota­ provided for potatoes in any lot which a size not smaller than 1% inches in toes from last year’s crop will be shipped fail to meet the weight range for the diameter may be shipped if the potatoes during the first 2 weeks of July. The designated count: grade not less than U.S. No. 2; and proposed regulation provided herein is (a) Not to exceed 5 percent for under­ (ii) Prepeeling. Provided, that pota­ necessary to prevent potatoes of lower size; and, toes of a size not smaller than 1 % inches grades, undesirable sizes, and immature (b) Not to exceed 10 percent for in diameter may be shipped if the pota­ potatoes from being distributed in the oversize k toes grade not less than Idaho Utility or channels of commerce to improve the (3) Cleanliness—All varieties. “Gen­Oregon Utility grade. returns to producers for preferred grades erally fairly clean.” (d) Safeguards. Each handler making and sizes. The specific requirements, (b) Minimum maturity requirements— shipments of potatoes for charity, seed hereinafter set forth, regulate the han­ (1) White Rose and red skin varieties. pieces cut from stock eligible for certifi­ dling of potatoes by grade, size, clean­ During the period July 1, 1970, through cation, experimentation, canning, freez­ liness, and maturity so as to (1) promote December 31,1970, “moderately skinned” ing, and “other processing” as herein­ orderly marketing, (2) standardize the and thereafter they may be han­ after defined, export, or for prepeeling quality of the potatoes shipped from the dled without regard to the maturity pursuant to paragraph (c) of this section production area, and (3) maximize re­ requirements. shall: turns to the producers pursuant to the (2) All other varieties. “Slightly (1) First, apply to the committee for declared policy of the act. skinned.” and obtain a certificate of privilege to All persons who desire to submit writ­ (3) Exceptions, (i) Subject to compli­ make each shipment; ten data, views, or arguments in con­ ance with subdivision (iii) of this sub- (2) Upon request by the committee, nection with this proposal should file the paragraph, any lot of potatoes not ex­ furnish reports of each shipment pursu­ same in quadruplicate with the Hearing ceeding a total of 50 hundredweight of ant to the applicable certificate of Clerk, Room 112, U.S. Department of each variety may be handled for any privilege ; Agriculture, Washington, D.C. 20250, not producer without regard to the foregoing (3) At the time of applying to the later than 5 days after publication of maturity requirements. committee for a certificate of privilege, (ii) If an officially inspected lot of this notice in the F ederal R e g ist e r . All or promptly thereafter, furnish the com­ potatoes meets the foregoing maturity mittee with a receiver’s or buyer’s 'certifi­ written submissions made pursuant to requirements, but fails to meet the grade cation that the potatoes so^ handled are this notice will be made available for and size requirements, the lot may be to be used only for the purpose stated in public inspection at the office of the regraded. If, after regrading, such lot the application and that such receiver Hearing Clerk during regular business then meets the grade and size require­ will complete and return to the commit­ hours (7 CFR 1.27(b)). ments but fails to meet the maturity tee such periodic receiver’s reports that requirements, as indicated by the appli­ the committee may require; § 945.329 Limitation o f shipments. cable Federal-State inspection certifi­ (4) Mail to the office of the committee During the period July 1,1970, through cate, such lot if not exceeding 100 a copy of the bill of lading for each Cer­ June 30,1971, no person shall handle any hundredweight shall be exempt from the tificate of Privilege shipment promptly foregoing maturity requirements: Pro­ lot of potatoes unless such potatoes meet after the date of shipment; vided, That the handler complies with (5) Bill each shipment directly to the the requirements of paragraphs (a) and subdivision (iii) of this subparagraph. applicable processor or receiver. (b) of this section, or unless such pota­ (iii) Prior to each shipment of potatoes (e) Minimum quantity exception. Each toes are handled in accordance with exempt from the foregoing maturity handler may ship up to, but not to exceed.

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 10364 PROPOSED RULE MAKING

5 hundredweight of potatoes any day pension of a certain provision of the Commissioner of Food and Drugs an­ without regard to the inspection and as­ order regulating the handling of milk nounced the conclusions of the Food and sessment requirements of this part, but in the southern Michigan marketing area Drug Administration following evalua­ this exception shall not apply to any is being considered for the months of tion of reports received from the Na­ shipment that exceeds 5 hundredweight August through December 1970. tional Academy of Sciences-National of potatoes. All persons who desire to submit writ­ Research Council, Drug Efficacy Study (f) Definitions. The terms “U.S. No. ten data, views, or arguments in connec­ Group, on certain dental preparations containing erythromycin or oxytetra- 1,” “U.S. No. 2,” “Size B,” “fairly clean,” tion with the proposed suspension should cycline. The drugs were regarded as “moderately skinned,” and “slightly file the same with the Hearing Clerk, lacking substantial evidence of effective­ skinned,” shall have the same meaning Room 112-A, Administration Building, ness for their claimed indications. as when used in the U.S. Standards for U.S. Department of Agriculture, Wash­ In addition to the sections of the anti­ Potatoes (§§ 51.1540-51.1556 of this ington, D.C. 20250, not later than 7 days biotic drug regulations describing condi­ title), including the tolerances set forth from the date of publication of this no­ tions for certification of such prepara­ therein. The term “generally fairly tice in the F ederal R e g ist e r . All docu­ tions, other sections describe conditions clean” means that at least 90 percent of ments filed should be in quadruplicate. for certification of other dental prepara­ the potatoes in a given lot are “fairly All written submissions made pursuant tions containing different antibiotics. clean.” The term “prepeeling” means to this notice will be made available for The following companies hold approved potatoes which are clean, sound, fresh public inspection at the office of the Form 6 antibiotic drug applications for tubers prepared commercially in a pre­ Hearing Clerk during regular business such preparations: peeling plant by washing, removal of hours (7 CFR 1.27(b)). The provision proposed to be suspended A. Penicillin dental cones: the outer skin or peel, trimming, and 1. Chase Chemical Co., 280 Chestnut sorting preparatory to sale in one or more in § 1040.12, which defines a-“fluid milk product,” is the word “yogurt.” The sus­ Street, Newark, N.J. 07105. of the styles of peeled potatoes de­ 2. Graham Laboratories, Inc., Hobart, scribed in § 52.2422 (United States pension would result in yogurt being N.Y. 13788. Standards for Grades of Peeled Potatoes classified as a Class m product rather than as a Class I product. 3. Ketchum Laboratories, Inc., 800 §§ 52.2421-52.2433 of this title). The term Hinsdale Street, Brooklyn, N.Y. 11207. “other processing” has the same mean­ The same provision was suspended for a 6-month period beginning February 1, 4. Med-Pro Corp., 17 West 60th Street, ing as the term appearing in the act and New York, N.Y. 10023. 1970. Handlers who distribute more than includes, but is not restricted to, potatoes 5. Nysco Laboratories, Inc., 34-24 Ver­ one-half of the producer milk on the for dehydration, chips, shoestrings, non Boulevard, Long Island City, N.Y. starch, and flour. It includes only that southern Michigan market have re­ quested that the suspension be continued 11106. preparation of potatoes for market which 6. Vita-Fore Products Co., 97-05 98th involves the application of heat or cold beyond the July 31,1970, expiration date. Cooperative associations representing Street, Ozone Park, N.Y. 11417. to such an extent that the natural form B. Penicillin - dihydrostreptomycin over two-thirds of the producers in the or stability of the commodity undergoes dental cones: Strong Cobb Arner, Inc., a substantial change. The act of peeling, market support the handlers’ request. 2917 East 79th Street, Cleveland, Ohio cooling, slicing, or dicing, or the applica­ It is the general consensus of these 44104. tion of material to prevent oxidation parties that the marketing conditions C. Penicillin - streptomycin-bacitracin does not constitute “other processing.” prompting the earlier suspension action dental paste: Proco-Sol Chemical Co., The terms “Idaho Utility grade” and have not changed materially. They main­ 1209 Arch Street, Philadelphia, Pa. “Oregon Utility grade” shall have the tain that without continuation of the same meanings as when used in the suspension, southern Michigan handlers 19107. respective standards for potatoes for the would be unable to compete for yogurt D. Penicillin - dihydrostreptomycin- respective States. Other terms used in sales on a comparable cost basis with bacitracin dental paste: Biotic Drug this section shall have the same mean­ handlers in neighboring markets who are Co., Inc., 17 West 60th Street, New York, ing as When used in Marketing Agree­ required to pay only the surplus price N.Y. 10023. ment No. 98 and this part, both as for milk used in yogurt. Such parties E. Dihydrostreptomycin-chlortetracy- amended. point out that a review of the classifi­ cline-chloramphenicol-bacitracin dental (g) Applicability to imports. Pursuant cation of yogurt and other products cement: Oskar Schaefer, Inc., 12 Prospect to section 608e-l of the act and § 980.1 through the hearing procedure is con­ Street, Bloomfield, N.J. 07003. of this chapter, Irish potatoes of the templated and that the present suspen­ These products were not reviewed by long varieties imported during the effec­ sion should be continued until such re­ the Academy; however, the Food and tive period of this section shall meet the view has been completed. Drug Administration, having evaluated data originally filed in support of efficacy grade, size, quality, and maturity re­ Signed at Washington, D.C., on for these topical dental preparations, quirements specified in paragraphs (a) June 19, 1970. and (b) of this section. concludes there is a lack of substantial G . R. G rang e, (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Acting Deputy Administrator, evidence that such drugs will have the 601-674) Regulatory Programs. effectiveness they purport or are repre­ sented to have under the conditions of Dated: June 22,1970. JF.R. Doc. 70-8052; Filed, June 24, 1970; use prescribed, recommended, or sug­ 8:49 a.m.] P a u l A. N ic h o l s o n , gested in their labeling. Deputy Director, Fruit and Accordingly, the Commissioner con­ Vegetable Division, Consumer cludes (1) that the antibiotic drug regu­ and Marketing Service. DEPARTMENT OF HEALTH, lations providing for certification of such IF.R. Doc. 70-8049; Filed, June 24, 1970; drugs should be revoked and (2) that all 8:49 a.m.] outstanding certificates heretofore is­ EDUCATION, AND WELFARE sued for such drugs should be revoked. Food and Drug Administration Therefore, pursuant to provisions of [ 7 CFR Part 1040 1 the Federal Food, Drug, and Cosmetic MILK IN SOUTHERN MICHIGAN [21 CFR Parts 146a, 146b 1 Act (secs. ^502, 507, 52 Stat. 1050-51, as CERTAIN TOPICAL DENTAL amended, 59 Stat. 463, as amended; 21 MARKETING AREA U.S.C. 352, 357) and under authority del­ Notice of Proposed Suspension of ANTIBIOTIC DRUGS egated to the Commissioner (21 CFR Certain Provision of Order Proposed Revocation of Provision for 2.120), it is proposed that Parts 146a Certification and 146b be amended by revoking the Notice is hereby given that, pursuant following sections: § 146a.31 Penicillin to the provisions of the Agricultural In the F ederal R eg ister of Febru­ dental cones (calcium penicillin dental Marketing Agreement Act of 1937, as ary 21, 1969 (34 F.R. 2515), and Decem­ cones, penicillin dental cones calcium amended (7 U.S.C. 601 et seq.), the sus- ber 9, 1969 (34 F.R. 19476), the salt, crystalline penicillin dental cones);

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 PROPOSED RULE MAKING 10365

§ 146a.71 Penicillin-streptomycin den­ rule by submitting written data and [ 14 CFR Part 71 1 tal cones; penicillin dihydrostreptomycin views. Communications should identify dental cones; § 146a.82 Penicillin-strep­ the docket number and be submitted in [Airspace Docket No. 70-CE-44] tomycin-bacitracin dental paste; penicil­ duplicate to the Office of Regional Coun­ TRANSITION AREA lin dihydrostreptomycin-bacitracin den­ sel, FAA, Federal Building, John F. tal paste; § 146b.122 Streptomycin- Kennedy International Airport, Jamaica, Proposed Alteration chlortetracycline-chloramphenicol-baci- N .Y .11430. The Federal Aviation Administration tracin dental cement; dihydrostreptomy- All communications received within 30 is considering amending Part 71 of the cin-chloretetracycline-chloramphenicol- days after publication in the F ederal Federal Aviation Regulations so as to bacitracin dental cement. R e g ister will be considered before tak­ alter the transition area at Minneapolis, It is also proposed that all antibiotic ing action upon the proposed rule. The Minn. certificates issued under the above regu­ proposals contained in this notice may Interested persons may participate in lations be revoked. be changed in light of comments re­ the proposed rule making by submitting Interested persons may, within 30 days ceived. All comments will be available in such written data, views, or arguments after publication hereof in the F ederal the Office of Regional Counsel for exam­ as they may desire. Communications R egister, file with the Hearing Clerk, ination by interested parties. should be submitted in triplicate to the Department of Health, Education, and In consideration of the foregoing, it Director, Central Region, Attention: Welfare, Room 6-62, 5600 Fishers Lane, is proposed to amend A D 69-9-3 as Chief, Air Traffic Division, Federal Avi­ Rockville, Md. 20852, written comments hereinafter set forth: ation Administration, Federal Building, (preferably in quintuplicate) regarding 1. In the applicability paragraph add 601 East 12th Street, Kansas City, Mo. this proposal. Comments may be accom­ the words and figures “and 0-360-A4G 64106. All communications received panied by a memorandum or brief in solid crankshaft engines”. within 45 days after publication of this support thereof. 2. Revise “Compliance Statement” to notice in the F ederal R e g ister will be read as follows: “Compliance required Dated: June 17,1970. considered before action is taken on the as indicated”. proposed amendment. No public hearing R . E. D u g g a n , 3: After the word “r.p.m.”, in para­ is contemplated at this time, but ar­ Acting Associate Commissioner graph (b ), add the following: “within rangements for informal conferences for Compliance. the next 25 hours time in service after with Federal Aviation Administration of­ the effective date of this A D ”. [F.R. Doc. 70-8016; - Filed, June 24, 1970; ficials may be made by contacting the 8:46 a.m.] 4. Add the following paragraphs: Regional Air Traffic Division Chief. Any c. Propellers with 500 or more total hours data, views, or arguments presented dur­ in service, inspect, rework or replace in ac­ ing such conferences must also be sub­ cordance with paragraph (f) within the mitted in writing in accordance with this next 50 hours time in service after the notice in order to become part of the DEPARTMENT OF effective date of this AD. d. Propellers with less than 500 hours total record for consideration. The proposal TRANSPORTATION hours in service, inspect, rework or replace contained in this-notice may be changed in accordance with paragraph (f) prior to in the light of comments received. Federal Aviation Administration the accumulation of 550 hours time in A public docket will be available for [1 4 CFR Part 39 ] service. examination by interested persons in the e. Propellers whose prior service history is Office of the Regional Counsel, Federal [Docket No. 70-EA-36] unknown, inspect, rework or replace in ac­ Aviation Administration, Federal Build­ cordance with paragraph ( f ) within the next ing, 601 East 12th Street, Kansas City, SENSENICH AIRCRAFT PROPELLERS 50 hours time in service after the effective date of this AD. Mo. 64106. Proposed Airworthiness Directives f. Remove propeller and return to manu­ Additional controlled airspace is re­ quired by the Minneapolis Air Route The Federal Aviation Administration facturer for inspection and reconditioning in accordance with “Recommended Action” in Traffic Control Center in the Minneap­ is considering amending § 39.13 of Part Sensenich Service Bulletin No. R-14 dated olis metropolitan area to provide more 39 of the Federal Aviation Regulations March 23, 1970, or an equivalent method ap­ adequate airspace protection for arriv­ so as to amend AD 69-9-3 applicable proved by the Chief, Engineering and Man­ ing and departing aircraft while on radar Sensenich Aircraft Propellers. ufacturing Branch, FAA, Eastern Region. vectors. g. Propellers which have been inspected, Since the publication of AD 69-9-3, In consideration of the foregoing, the one failure has occurred and it is con­ reworked or replaced in accordance with this AD and found satisfactory will be identified Federal Aviation Administration pro­ cluded that this failure resulted from with a suffix letter “K ” after the serial num­ poses to amend Part 71 of the Federal accumulation of fatigue damage prior to ber. New production propellers which are in Aviation Regulations as hereinafter set the issuance of the AD. This type of fa­ accordance with this AD and considered sat­ forth: tigue damage is most severe on the outer­ isfactory include change “K ” or subsequent In § 71.181 (35 F.R. 2134), the follow­ most fibers of the propeller where the changes. ing transition area is amended to read: alternating stresses are greatest. Re­ h. Subsequent repair or reconditioning of moval of a thin surface layer, as pro­ “K ” propellers may be performed as required Minneapolis, Min n . by any FAA certificated propeller repair That airspace extending upward from 700 posed in Sensenich Service Bulletin No. station. R-14 will restore much of the fatigue feet above the surface within a 23-mile ra­ life of the propeller. Another important 5. In the parenthetical note add “and dius of Minneapolis-St. Paul International benefit to be gained will be a decrease in R-14 dated March 23, 1970,” after the Airport (latitude 44°53'05" N., longitude 93°- numerals “1969”. 13'15“ W .); within 5 miles north and 8 miles the natural frequency of the propeller south of the Flying Cloud, Minnesota VOR which will lower the resonance speed This amendment is made under the 292* radial, extending from the 23-mile ra­ with second engine order, thus provid­ authority of section 313(a), 601, and 603 dius area to 12 miles west of the VOR; within ing a wider margin between it and the of the Federal Aviation Act of 1958, 49 5 miles each side of the St. Paul, Minnesota cruise r.p.m. of the engine. U.S.C. 1354(a), 1421, and 1423, and sec­ VOR 037° radial, extending from the 23-mile Since tins condition can exist in other tion 6(c) of the DOT Act (49 U.S.C. radius area to 13 miles northeast of the VOR; 1655(c)). and within a 6-mile radius of Airlake Indus­ propellers and engine combinations, an trial Airpark (latitude 44°37'40" N., longi­ airworthiness directive is being issued Issued in Jamaica, N.Y., on June 1, tude 93°13'40'' W .); and that airspace ex­ to require the reworking of the propellers 1970. tending upward from 1,200 feet above the so as to remove a thin surface layer of W a y n e H e n d e r s h o t , surface within a 36-mile radius of Minneap- metal. Acting Director, Eastern Region. olis-St. Paul International Airport; that air­ Interested persons are invited to par­ space west of Minneapolis bounded on the [F.R. Doc. 70-8036; Filed, June 24, 1970; south by V-26, on the northwest by V—148, ticipate in the making of the proposed 8:48 a.m.] and on east by the 36-mile radius area; and

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 No. 123------3 10366 PROPOSED RULE MAKING that airspace extending upward from 4,000 Aviation Administration, Federal Build­ to provide adequate airspace protection feet MSL southwest of Minneapolis bounded ing, 601 East 12th Street, Kansas City, for aircraft executing this straight-in on the north by V—26S, on the northeast by Mo. 64106. approach. a 36-mile radius circle centered on Minneap- Since designation of controlled air­ Interested persons may participate in olis-St. Paul International Airport, on the southeast by V-219 and on the southwest by space at Joplin, Mo., three amended in­ the proposed rule making by submitting V-24; and that airspace extending upward strument approach procedures have been such written data, views or arguments as from 6,000 feet MSL bounded by a line start­ developed for the Joplin Municipal Air­ they may desire. Communications should ing at the 36-mile radius area west of Min­ port. In addition, the criteria for the *be submitted in triplicate to the Director, neapolis southwest along the northwest edge designation of control zones and transi­ Central Region, Attention: Chief, Air of V-148; then clockwise along a 70-mile ra­ tion areas have changed. Accordingly, it Traffic Division, Federal Aviation Ad­ dius arc from the Minneapolis-St. Paul In­ is necessary to alter the Joplin, Mo., con­ ministration, Federal Building, 601 East ternational Airport to the southwest edge of V-55; then southeast along the southwest trol zone and transition area to ade­ 12th Street, Kansas City, Mo. 64106. All edge of V-55 to the north edge of V-78; then quately protect aircraft executing the communications received within 45 days west along the north edge of V-78 to the 36- amended approach procedures and to after publication of this supplemental mile radius area, then counterclockwise comply with the new control zone and notice in the F ederal R egister will be along the 36-mile radius arc to the northwest transition area criteria. •considered before action is taken on the edge of V-148; and that airspace extending In consideration of the foregoing, the proposed amendment. No public hearing upward from 8,000 feet MSL bounded on the Federal Aviation Administration pro­ is contemplated a t this -time, but ar­ southwest by the northwest edge of V-148; poses to amend Part 71 of the Federal rangements for informal conferences on the west by longitude 95°06'00'' W.; on the north by latitude 46°13'00" N.; on the Aviation Regulations as hereinafter set with the Federal Aviation Administration northeast by the southwest edge of V-55; on forth: officials may be made by contacting the the southeast by the 70-mile radius arc. 1. In § 71.171 (35 F.R. 2054), the fol­ Regional Air Traffic Division Chief. Any lowing control zone is amended to read: data, views or arguments presented dur­ This amendment is proposed under the Jo plin , Mo. ing such conferences must also be sub­ authority of section 307(a) of the Fed­ mitted in writing in accordance with the eral Aviation Act of 1958 (49 U.S.C. Within a 5-mile radius of the Joplin Mu­ Supplemental Notice in order to become 1348), and of section 6(c) of the Depart­ nicipal Airport (latitude 37°09'05" N., longi­ part of the record for consideration. The tude 94°29'55" W .). ment of Transportation Act (49 U.S.C. proposal contained in this supplemental 1655(c)), 2. In §71.181 (35 F.R. 2134), the fol­ notice may be changed in the light of Issued in Kansas City, Mo., on May 20, lowing transition area is amended to comments received. 1970, read: A public docket will be available for J o h n A. H argrave, Jo plin , Mo. examination by interested persons in the Acting Director, Central Region. That airspace extending upward from 700 Office of the Regional Counsel, Federal [F.R. Doc. 70-8034; Piled, June 24, 1970; f§et above the surface within an 8-mile Aviation Administration, Federal Build­ 8:48 a.m.] radius of Joplin Municipal Airport (latitude ing, 601 East 12th Street, Kansas City, 37°09'05" N., longitude 94°29'55” W .); and Mo. 64106. that airspace extending upward from 1,200 In consideration of the foregoing, the feet above the surface within 9 % miles I 14 CFR Port 71 ] northeast and 4% miles southwest of the 138° Federal Aviation Administration pro­ ¡Airspace Docket No. 70-CE-35] and 318° bearings from the Joplin Municipal poses to amend Part 71 of the Federal Airport, extending from 23 miles north north­ Aviation Regulations by designating a CONTROL ZONE AND TRANSITION west to 25% miles southeast of the airport. transition area at Lansing, 111., as here­ inafter set forth: AREA These amendments are proposed under In § 71.181 (35 F.R. 2134), the follow­ Proposed Alteration the authority of section 307(a) of the Federal Aviation Act of 1958 (49 U.S.C. ing transition area is added: The Federal Aviation Administration 1348), and of section 6(c) of the Depart­ L ansing, I I I . is considering amending Part 71 of the ment of Transportation Act (49 U.S.C. That airspace extending upward from 700 Federal Aviation Regulations so as to 1655(c)). feet above the surface within a 5% -mile alter the control zone and transition area Issued in Kansas City, Mo., on May 20, radius of the Ohicago-Hammond Airport at Joplin, Mo. (latitude 41°32'20" N., longitude 87°32'05" Interested persons may participate in 1970. W .); and within 3% miles each side of the the proposed rule making by submitting J o h n A . H argrave, 228° radial of the Chicago Heights, 111. VOR such written data, views, or arguments Acting Director, Central Region. TAC extending from the 5% -mile radius area as they may desire. Communications [F.R. Doc. 70-8035; Filed, June 24, 1970; to 11% miles southwest of the VORTAC ex­ 8:48 am .] cluding the airspace within the Chicago, 111. should be submitted in triplicate to the and Griffith, Ind., transition areas. Director, Central Region, Attention; Chief, Air Traffic Division, Federal Avia­ This amendment is proposed under the tion Administration, Federal Building, [ 14 CFR Part 71 1 authority of section 307(a) of the Fed­ 601 East 12th Street, Kansas City, Mo. I Airspace Docket No. 70-CE-28] eral1 Aviation Act of 1958 (49 U.S.C. 64106. All communications received 1348), and of section 6(c) of the De­ within 45 days after publication of this TRANSITION AREA partment of Transportation Act (49 notice in the F ederal R e g ister will be Supplemental Proposed Designation U.S.C.1655(c)). considered before action is taken on the Issued in Kansas City, Mo., on June 5, In a notice of proposed rule making proposed amendments. No public hearing 1970. published in the F ederal R egister on is contemplated at this time, but ar­ D a n ie l E. B a r r o w , May 16, 1970 (35 F.R. 7656, 7657), F.R. rangements for informal conferences Acting Director, Central Region. with Federal Aviation Administration of­ Doc. 70-6054, the Federal Aviation Ad­ ficials may be made by contacting the ministration proposed to designate a [F.R. Doc. 70-8037; Filed, June 24, 1970; Regional Air Traffic Division Chief. Any transition area at Lansing, 111. 8:48 a.m.] data, views, or arguments presented dur­ Subsequent to publication of the notice ing such conferences must also be sub­ the Federal Aviation Administration has 114 CFR Part 71 1 mitted in writing in accordance with this determined that the airspace set forth in [Airspace Docket No. 70-CE-33 ] notice in order to become part of the rec­ the Lansing transition area designation ord for consideration. The proposals con­ is not adequate to provide for a straight- CONTROL ZONE AND TRANSITION tained in this notice may be changed in in approach to the Chicago-Hammond AREA the light of comments received. Airport, Lansing, 111. Therefore, it is Proposed Alteration A public docket will be available for necessary to issue a supplemental notice examination by interested persons in the of proposed rule making redesignating The Federal Aviation Administration Office of the Regional Counsel, Federal the Lansing, HI., transition area in order is considering amending Part 71 of the

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 PROPOSED RULE MAKING 10367

Federal Aviation Regulations so as to Devils L ake, N. Da k . Since designation of the Brainerd, alter the control zone and transition area That airspace extending upward from 700 Minn., control zone and transition area, at Devils Lake, N, Dak, feet above the surface within a 7-mile amended VOR Runway 30, NDB (ADF) Interested persons may participate in radius of the Devils Lake Municipal Airport Runway 12, NDB (ADF) Runway 4, and the proposed rule making by submitting (latitude 48°06'55” N., longitude 98°54'30” NDB (AD F) Runway 22 instrument ap­ such written data, views or arguments W.); within 4% miles southwest and 9 % proach procedures have been developed as they may desire. Communications miles northeast of the Devils Lake VORTAC for the Brainerd-Crow Wing Airport. In 134° radial extending from the VORTAC to should be submitted in triplicate to the 1814 miles southeast of the VORTAC; within addition, the criteria for designation of Director, Central Region, Attention: 4 % miles northeast and 9 % miles southwest control zones and transition areas have Chief, Air Traffic Division, Federal Avia­ of the Devils Lake VORTAC 324° radial ex­ been changed. Accordingly, it is neces­ tion Administration, Federal Building, tending from the VORTAC to 18*4 miles sary to alter the Brainerd control zone 601 East 12th Street, Kansas City, Mo. northwest of the VORTAC; within 4 % miles and transition area to adequately protect 64106. All communications received southeast and 9% miles northwest of the aircraft executing the amended instru­ within 45 days after publication of this 026° bearing from the Devils Lake Airport ment approach procedures and to comply extending from the airport to 18% miles notice in the F ederal R eg ister will be with the new control zone and transition northeast of the airport; and that airspace considered before action is taken on the extending upward from 1200 feet above the area criteria. proposed amendments. No public hear­ surface within a 17% mile radius of the In consideration of the foregoing, the ing is contemplated at this time, but Devils Lake VORTAC. Federal Aviation Administration pro­ arrangements for informal conferences poses to amend Part 71 of the Federal These amendments are proposed un­ with Federal Aviation Administration Aviation Regulations as hereinafter set der the authority of section 307(a) of officials may be made by contacting the forth: Regional Air Traffic Division Chief. Any the Federal Aviation Act of 1958 (49 U.S.C. 1348), and of section 6(c) of the 1. In § 71.171 (35 F.R. 2054), the fol­ data, views, or arguments presented dur­ lowing control zone is amended to read: ing such conferences must also be sub­ Department of Transportation Act (49 mitted in writing in accordance with U.S.C. 1655(c)). Brainerd, Min n . this notice in order to become part of Issued in Kansas City, Mo., on June 5, Within a 5-mile radius of Brainerd-Crow the record for consideration. The pro­ 1970. Wing County Airport latitude 46°23’55” N„ posals contained in this notice may be longitude 94°08'15” W.; within 2% miles D a n ie l E. B a r r o w , each side of the 043° bearing from the Brain­ changed in the light of comments Acting Director, Central Region. received. erd-Crow Wing County Airport extending from the 5-mile radius zone to 5% miles A public docket will be available for [P.R. Doc. 70-8038; Piled, June 24, 1970;. 8:48 a.m.] northeast of the airport; and within 2 % miles examination by interested persons in each side of the 313* bearing from the Brain­ the Office of the Regional Counsel, Fed­ erd-Crow Wing County Airport extending eral Aviation Administration, Federal [14 CFR Part 71 ] from the 5-mile radius zone to 5% miles Building, 601 East 12th Street, Kansas northwest of the airport. This control zone is City, Mo. 64106. [Airspace Docket No. 70-CE-37] effective during the specific dates and times established in advance by a Notice to Air­ Since designation of the Devils Lake, CpNTROL ZONE AND TRANSITION N. Dak., control zone and transition area, men. The effective date and time wiU there­ AREA after be continuously published in the Air­ one new and one amended instrument man’s Information Manual. approach procedure have been developed Proposed Alteration for the Devils Lake Municipal Airport. 2. In § 71.181 (35 F.R. 2134), the fol­ In addition, the criteria for designation The Federal Aviation Administration lowing transition area is amended to of control zones and transition areas is considering amending Part 71 of the read: have been changed. Accordingly, it is Federal Aviation Regulations so as to Brainerd, Min n . necessary to alter the Devils Lake con­ alter the control zone and transition area at Brainerd, Minn. That airspace etxending upward from 700 trol zone and transition area to ade­ feet above the surface within a 7-mile radius quately protect aircraft executing the Interested persons may participate in of the Brainerd-Crow Wing County Airport above procedures and to comply with the proposed rule making by submitting (latitude 46°23'55" N., longitude 94°08'15” the new control zone and transition area such written data, views, or arguments as W .); within 3 miles each side of the 120* criteria. they may desire. Communications should radial of the Brainerd VORTAC extending In consideration of the foregoing, the be submitted in triplicate to the Director, from the 7-mile radius area to 7% miles Federal Aviation Administration pro­ Central Region, Attention: Chief, Air southeast of the yORTAC; within 3 miles Traffic Division, Federal Aviation Ad­ each side of the 313° bearing from Brainerd- poses to amend Part 71 of the Federal Crow Wing County Airport extending from Aviation Regulations as hereinafter set ministration, Federal Building, 601 East the 7-mile radius area to 7% miles north­ forth: 12th Street, Kansas City, Mo. 64106. All west of the airport; within 3 miles each side 1. In § 71.171 (35 F.R. 2054), the fol­ communications received within 45 days of the 198° bearing from Brainerd-Crow Wing lowing control zone is amended to'read: after publication of this notice in the County Airport, extending from the 5-mile F ederal R eg ister will be considered be­ radius area to 11% miles south of the airport; Devils L ake, N. Da k . fore action is taken on the proposed and within 3 miles each side of the 043° Within a 5-mile radius of the Devils Lake amendments. No public hearing is con­ bearing from the Brainerd-Crow Wing County Municipal Airport (latitude 48”06'55” N„ Airport, extending from the 7-mile radius longitude 98° 54'30” W .); within 3% miles templated at this time, but arrangements area to 7% miles northeast of the airport; each side of the Devils Lake VORTAC 134° for informal conferences with Federal and that airspace extending upward from radial extending from the 5-mile radius zone Aviation Administration officials may be 1,200 feet above the surface within a 13-mile to 10 miles southeast of the VORTAC; made by contacting the Regional Air radius of the Brainerd VORTAC; within 9% within 3 % miles each side of the Devils Traffic Division Chief. Any data, views, or miles northwest and 4% miles southeast of Lake VORTAC 324° radial extending from arguments presented during such con­ the 043“ bearing from Brainerd-Crow Wing the 5-mile radius zone to 10 miles northwest ferences must also be submitted in writ­ County Airport, extending from the 13-mile of the VORTAC; and within 3 nautical miles ing in accordance with this notice in radius area to 18% miles northeast of the each side of the 026° bearing from the Devils airport; within 9% miles southwest and 4% Lake Municipal Airport extending from the order to become part of the record for miles northeast of the 300° bearing from 5-mile radius zone to 7 miles northeast of consideration. The proposals contained Brainerd-Crow Wing County Airport, extend­ the airport. This control zone is effective in this notice may be changed in the light ing from the 13-mile radius area to 18% during the specific dates and times estab­ of comments received. miles northwest of the airport; within 9% lished in advance by a Notice to Airmen. The A public docket will be available for miles east and 4% miles west of the 198° effective date and time will thereafter be bearing from Brainerd-Crow Wing County continuously published in the Airman’s In ­ examination by interested persons in the Airport, extending from the 13-mile radius formation Manual. Office of the Regional Counsel, Federal to 23 miles south of the airport; and within 2. In § 71.181 (35 F.R. 2134), the fol­ Aviation Administration, Federal Build­ 9% miles northeast and 4% miles southwest of the 120° radial of the Brainerd VORTAC, lowing transition area is amended to ing,, 601 East 12th Street, Kansas City, extending from the 13-mile radius area to read: Mo. 64106. 18% miles southeast of the VORTAC.

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 10368 PROPOSED RULE MAKING

These amendments are proposed under Alliance, Nebr. ber 11, 1967 (32 F.R. 14279, Docket No. the authority of section 307(a) of the Within a 5-mile radius of Alliance Muni­ 1-2). The notice placed particular em­ Federal Aviation Act of 1958 (49 U.S.C. cipal Airport (latitude 42°02'50'' N., longi­ phasis on air brake systems. The purpose 1348), and of section 6(c) of the Depart­ tude 102°48'30" W .); within 2% miles each of this notice is to propose a new motor ment of Transportation Act (49 U.S.C. side of the Alliance VOR 304° radial, extend­ vehicle safety standard to establish re­ ing from the 5-mile radius zone to 6 miles 1655(c)). quirements for air brake systems on northwest of the VOR; within 2 % miles each trucks and buses. Issued in Kansas City, Mo., on June 8, side of the Alliance VOR 150° radial, extend­ The safety afforded by a vehicle’s 1970. ing from the 5-mile radius zone to 6 miles southeast of the VOR; and within 3 miles braking system is determined by several D a n ie l E. B a r r o w , each side of the 142° bearing from Alliance factors, including stopping distance, lin­ Acting Director, Central Region. Municipal Airport, extending from the 5- ear stability while stopping, fade resist­ [F.R. Doc. 70-8039; Filed, June 24, 1970; mile radius zone to 9 miles southeast of the ance, and fade recovery. There must be 8:48 a.m.] airport. This control zone is effective during features in the system which guard the specific dates and times established in against malfunction and emergency fea­ advance by a Notice to Airmen. The effective tures which can stop the vehicle should [ 14 CFR Part 71 ] date and time will thereafter be continuously published in the Airman’s Information a malfunction occur. The proposed [Airspace Docket No. 70-CE-40] Manual. standard would establish requirements for each of these aspects of brake safety CONTROL ZONE AND TRANSITION 2. In § 71.181 (35 F.R. 2134), the fol­for trucks and buses equipped with air AREA lowing transition area is amended to brakes. Compliance with the require­ read: ments for service brake performance is Proposed Alteration A lliance, Nebr. determined by subjecting the vehicle to The Federal Aviation Administration That airspace extending upward from 700 a series of road tests and by subjecting is considering amending Part 71 of the feet above the surface within a 10-mile radius each brake used on a vehicle to a series Federal Aviation Regulations so as to of Alliance Municipal Airport (latitude of tests on an inertia dynamometer. The 42°02'50" N., longitude 102°48'30'' W .); and proposed rule does not require, however, alter the control zone and transition area within 3 miles each side of the 142° bearing at Alliance, Nebr. from Alliance Municipal Airport, extending that the same set of brakes be subjected Interested persons may participate in from the 10-mile radius area to 11 miles to both series of tests. the proposed rule making by submitting southeast of the airport; and that airspace Perhaps the most important indication such written data, views, or arguments extending from 1,200 feet above the surface of brake performance is the distance as they may desire. Communications within 4 % miles southwest and 9 % miles in which a brake system can stop a should be submitted in triplicate to the northeast of the 142° bearing from Alliance vehicle from a given speed, and there­ Municipal Airport, extending from the air­ fore requirements for stopping distances Director, Central Region, Attention: port to 21% miles southeast of the airport; Chief, Air Traffic Division, Federal Avia­ within 4% miles northeast and 9% miles from 20 m.p.h. and 60 m.p.h. are pro­ tion Administration, Federal Building, southwest of the Alliance VOR 304° radial, posed. A second important characteristic 601 East 12th Street, Kansas City, Mo. extending from the VOR to 18% miles north­ is the stability of the vehicle while 64106. All communications received west of the VOR; within 4% miles south­ stopping, and the proposed rule requires within 45 days after publication of this west and 9% miles northeast of the Alli­ the vehicle to stop without locking any ance VOR 150° radial, extending from the notice in the F ederal R eg ister will be wheel more than momentarily and to considered before action is taken on the VOR to 18% miles southeast of the VOR; stay within a 12-foot-wide lane during and within 4 nautical miles each side of a the required stops. The responsiveness proposed amendments. No public hearing line extending from Alliance Municipal Air­ is contemplated at this time, but arrange­ port to Chadron, Nebr., Municipal Airport of brakes is of critical importance for ments for informal conferences with Fed­ (latitude 42°50'10'' N., longitude 103°05'50" the maneuverability of a vehicle under eral Aviation Administration officials W .), excluding the area which overlies the emergency conditions. S4.2.3 proposes may be made by contacting the Regional Scottsbluff, Nebr., transition area. brake actuation times consonant with the high speeds at which emergencies Air Traffic Division Chief. Any data, These amendments are proposed under views, or arguments presented during may be encountered, and S4.2.4 proposes the authority of section 307(a) of the comparable brake release times. such conferences must also be submitted Federal Aviation Act. of 1958 (49 U.S.C. To deal with problems of balance be­ in writing in accordance with this notice 1348), and of section 6(c) of the De­ in order to become part of the record for partment of Transportation Act (49 tween brakes on vehicles in combination, the notice proposes to specify a relation­ consideration. The proposals contained U.S.C. 1655(c)). in this notice may be changed in the light ship between brake chamber air pres­ of comments received. Issued in Kansas City, Mo., on June 5, sure and brake retardation force (S4.2.5). A public docket will be available for 1970. This relationship would be determined examination by interested persons in the D a n ie l E. B a r r o w , by placing each brake on an inertia Office of the Regional Counsel, Federal Acting Director, Central Region. dynamometer. The notice also proposes Aviation Administration, Federal Build­ [F.R. Doc. 70-8040; Filed, June 24, 1970; to require that a brake retain adequate ing, 601 East 12th Street, Kansas City, 8:48 a.m.] stopping power despite high tempera­ Mo. 64106. tures caused by repeated decelerations on Since designation of the Alliance, an inertia dynamometer (S4.2.6). The Nebr., control zone and transition area, ability of a brake to recover after stress the instrument approach procedures for DEPARTMENT OF also has an important bearing on vehicle Alliance Municipal Airport have been safety, and the notice proposes a brake altered. In addition, the criteria for des­ recovery requirement based on a third ignation of control zones and transition TRANSPORTATION dynamometer test (S4.2.7). The dyna­ areas have been changed. Accordingly, National Highway Safety Bureau mometer tests are patterned <^n Society it is necessary to alter the Alliance, Nebr., of Automotive Engineers Recom­ control zone and transition area to ade­ [ 49 CFR Part 571 3 mended Practices J971, “Brake R at­ quately protect aircraft executing the [Docket No. 70-17; Notice 1] ing Test Code— Commercial Vehicle altered instrument approach procedures Inertia Dynamometer,” June 1967, and and to comply with the new control zone AIR BRAKE SYSTEMS; TRUCKS AND J667, “Brake Test Code— Inertia and transition area criteria. BUSES Dynamometer,” June 1961. In consideration of the foregoing, the Proposed Motor Vehicle Safety To protect the brake system against the consequences of malfunction, the Federal Aviation Administration pro­ Standard poses to amend Part 71 of the Federal notice proposes, in S4.1, to require sev­ Aviation Regulations as hereinafter set Rulemaking proceedings concerning eral items of equipment, including valves forth: brake systems on multipurpose passenger and similar devices to protect the air 1. In § 71.171 (35 F.R. 2054), the fol­vehicles, trucks, buses, and trailers were reservoirs from pressure loss due to lowing control zone is amended to read: initiated by a notice published on Octo­ leakage in the vehicle or in a towed

FEDERAL REG1STER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 PROPOSED RULE MAKING 10369 vehicle, condensate drain valves, a low “Gross axle weight rating” (GAWR) cept failure of a common air compressor pressure warning signal and an accurate means the value specified by the vehicle or common supply reservoir, shall not pressure gauge for each reservoir. manufacturer as the loaded weight on impair the operation of the other In the event of air pressure loss in the a single axle measured at the tire-ground system. system, emergency features are proposed interfaces. S4.1.4. Towing vehicle protection to enable the vehicle to be brought to a “Gross vehicle weight rating” (G V W R ) valve. A valve to protect the air pressure stop. It is proposed to require that a means the value specified by the manu­ in a towing vehicle from the effects of vehicle have a split service brake system facturer as the loaded weight of a single a loss of air pressure in a towed vehicle. (S4.1.3). Stopping distance requirements vehicle. 54.1.4.1 The protection valve shall are proposed with either part of the sys­ “Curb weight” means the weight of a automatically, close the air lines to the tem rendered inoperable (S4.2.2). A motor vehicle with standard equipment towed vehicle when the towing vehicle parking brake system is also proposed including the maximum capacity of fuel, air pressure is less than 45 p.s.i. which would be actuated automatically oil, and coolant, and, if so equipped, air 54.1.4.2 The protection valve shall be if air pressure falls below a specified conditioning and additional weight op­ capable of being manually opened and point (S4.3.3). The parking brakes tional engine. closed when the towing vehicle air pres­ would be required to hold the vehicle with “Maximum sustained vehicle speed” sure is 45 p.s.i. or above. a specified force (S4.3.1) by use of an means the speed obtainable by accelerat­ 54.1.5 Pressure gauge. A pressure independent energy source which is not ing at maximum rate from a standing gauge for each service reservoir, readily subject to leakage (S4.3.2), and would start for 5 miles or until the speed visible to a person seated in the normal have to be releasable by the driver a stabilizes, whichever is less. driving position, that indicates the reser­ specified number of times (S4.3.4). “Skid number” means the frictional re­ voir air pressure within ± 5 'percent of Interested persons are invited to sub­ sistance of a pavement measured in ac-. the compressor cut-out pressure. mit written data, views, or arguments cordance with American Society for 54.1.6 Warning signal. A signal that pertaining to the proposed rule. Com­ Testing and Materials Method E-274-65T gives a person seated in the normal driv­ ments on the cost of, and lead time re­ at 40 m.p.h., omitting water delivery as ing position a continuous, readily audi­ quired for, compliance are particularly specified in paragraph 7.1 of that method. ble arid visible warning when the air invited. Comments should identify the “Wet skid number” means the skid pressure in a service reservoir is below docket number and be submitted to: number of a wet pavement. 60 p.s.i. Docket Section, National Highway Safety S4. Requirements. Each vehicle shall 54.1.7 Antilockup warning signal. A Bureau, Room 4223, 400 Seventh Street meet the following requirements under signal on each vehicle equipped with an SW., Washington, D.C. 20591. It is re­ the conditions specified in S5. All test antilockup system that gives a person quested, but not required, that 10 copies requirements shall be met without failure seated in the normal driving position a be submitted. of any part of the brake or suspension continuous, readily audible and visible All comments received before Septem­ systems. warning in the event of a total failure ber 21, 1970, will be considered. All com­ 54.1 Required equipment. Each ve­ of the antilockup system. ments will be available for examination hicle shall have the following equipment: 54.1.8 Service brake stop lamp switch. in the docket at the above address be­ 54.1.1 Air compressor. An air com­ A mechanical switch actuated by the fore and after the closing date for pressor of sufficient capacity to increase service brake pedal that lights the stop comments. air pressure in the reservoirs from lamps when the service brake pedal is Proposed effective date: January 1, 0 pounds per square inch (p.s.i.) to statically depressed to a point that pro­ 1972. 85 p.s.i. in not more than 2 minutes duces a pressure of 6 p.s.i. or less in the This notice of proposed rulemaking is when the engine is operating at maxi­ service brake chambers. issued under the authority of sections mum governed speed. 54.2 Service brakes. The service 103, 112, and 119 of the National Traffic 54.1.2 Reservoirs. One or more supply brake system shall, under the conditions and Motor Vehicle Safety Act of 1966, 15 reservoirs, to which the air is delivered of S5.1, meet the requirements of U.S.C. 1392, 1401, 1407, and the delega­ from the air compressor, and two or more S4.2.1, S4.2.2, S4.2.3, and S4.2.4 when tion of authority by the Secretary to the service reservoirs, to which the air is de­ tested in sequence and without adjust­ Director of the National Highway Safety livered from the supply reservoirs. ments other than those specified in this Bureau at 49 CPR 1.51, 54.1.2.1 A truck shall have a total standard. Under the conditions of S5.2, reservoir capacity at least 16 times Issued on June 18, 1970. each brake and drum assembly shall greater than the combined volume of all meet the requirements of S4.2.5, S4.2.6, D o u g la s W . T o m s , brake chambers at maximum travel of and S4.2.7 when tested in sequence and Director, the pistons or diaphragms. A bus shall without adjustments other than those National Highway Safety Bureau. have a total reservoir capacity at least specified in this standard. 24 times greater than the combined vol­ A ir B rake S y s t e m s —T r u c k s an d B u s e s 54.2.1 Stopping distance. The service ume of all brake chambers at maximum brakes shall be capable of stopping the SL This standard Purpose and Scope:. travel of the pistons or diaphragms. vehicle from 60 m.p.h., or if the vehicle specifies requirements for air service 54.1.2.2 Each reservoir shall be ca­ cannot reach that speed from a speed brake and parking brake systems to in­ pable of withstanding an internal hydro­ in Table I, 4 to 8 m.p.h. less than its sure safe braking performance under static pressure five times greater than maximum sustained vehicle speed, and normal and emergency conditions. the compressor cut-out pressure. from 20 m.p.h., on a surface with a skid 52. This standard applies Application. 54.1.2.3 Each service reservoir shall number of 75 and a surface with a wet to trucks and buses equipped with air be protected against loss of air pressure brake systems. skid number of 30, at rated gross vehicle due to failure or leakage in the system weight and at curb weight plus 500 53. Definitions. “Air brake system” between the reservoir and the source of pounds, in not more than the distances means a system that uses air as a air pressure by check valves or equiv­ specified in Table I, measured from medium for transmitting pressure or alent devices whose proper functioning actuation of the stop lamp switch. force from the driver control to the can be checked without disconnecting 54.2.2 Stopping distance with partial service brake, but does not include a any air line or fitting. failure. When any one of the service system that uses compressed air or vac­ 54.1.2.4 Each reservoir shall have a brake systems is rendered inoperative, uum only to assist the driver in applying condensate drain valve that can be man­ the remaining system (s) shall be capable muscular force to hydraulic or mechani­ ually operated from the side of the vehi­ cal components. of stopping the vehicle from 60 m.p.h., cle. The drain valve shall close unless or if the vehicle cannot reach that speed “Antilockup system” means a portion held open by manual effort or by an au­ from a speed in Table I, 4 to 8 m.p.h. less °* a servfce brake system that, through tomatic drain valve device. than its maximum sustained vehicle wheel slip sensing methods, automa­ S.4.1.3 Split service "brake system. Atspeed, and from 20 m.p.h., on a surface tically controls braking torque at one or least two service brake systems, so con­ with a skid number of 75 and a surface more road wheels of the vehicle during structed that failure of any component with a wet skid number of 30, at rated braking. designed to contain compressed air, ex- gross vehicle weight and at curb weight

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 10370 PROPOSED RULE MAKING plus 500 pounds, in not more than the S4.2.6.2 One minute after the end of arate from the automatic parking brake distances specified in Table I, measured the last deceleration required by S4.2.6.1 release control, located to the right of from actuation of thé stop lamp switch. and with the drum rotating at a speed the steering wheel and operable by a 54.2.3 Brake actuation time. With an of 20 m.ph., decelerate to a stop at a rate person seated in the normal driving po­ initial service reservoir air pressure of of 14 f.p.s.p.s. The service brake line air sition. The control shall apply the park­ 100 p.s.i., each brake chamber shall have pressure shall not exceed 90 p.s.i. ing brakes when pulled and shall hold an actuation time not greater than that 54.2.7 Brake recovery. Two minutes the brakes in the applied position until shown in Figure 1, measured from actua­ after completing the tests required by pushed. The control shall be red with tion of the stop lamp switch. A vehicle S4.2.6, the brake shall be capable of mak­ an octagonal knob, and shall be identified designed to tow a vehicle equipped with ing 20 consecutive stops from 30 m.p.h. by the following legend on its knob or its air brakes shall be capable of meeting the at a rate of 12 f .p.s.p.s., at equal intervals escutcheon plate: PAR K IN G BRAKE. actuation time requirements shown in of 1 minute measured from the start of PULL TO APPLY. PUSH TO RELEASE. Figure 1 with a 50-cubic-inch test reser­ brake application The service line air S5. Conditions. The requirements of voir connected to the service brake pressure needed to attain a rate of 12 S4 shall be met under the following con­ (gladhand) line coupling. f.p.s.p.s. shall not be less than 45 p.s.i. ditions. Where a range of conditions is specified, the vehicle must be capable of 54.2.4 Brake release time. With an nor more than 75 p.s.i. 54.2.8 Antilockup system failure. On meeting the requirements at all points initial brake chamber air pressure of 95 a vehicle equipped with an antilockup within the range. p.s.i., each brake chamber shall have a system, the failure of any part of the S5.1 Road test conditions. release time not greater than that shown antilockup system shall not increase hide weight is at gross vehicle weight in Figure 2, measured from deactuation the actuation and release times of the rating, distributed proportionally to the of the stop lamp switch. A vehicle de­ gross axle weight ratings. signed to tow another vehicle equipped service brakes. S4.3 Parking brake system. Each ve­ 55.1.2 Tire inflation pressure is as with air brakes shail be capable of meet­ specified by the vehicle manufacturer for ing the release time requirements shown hicle shall have a-parking brake system acting on each non-stccrable axle that tiie gross vehicle weight rating. in Figure 2 with a 50-cubic-inch test 55.1.3 Unless otherwise specified, the reservoir connected to the service brake under the conditions of S5.1 meets the following requirements: transmission selector control is in neu­ (gladhand) line coupling. tral during all decelerations. 54.2.5 Brake retardation force. The S4.3.1 Static retardation force. With all other brakes rendered inoperative, the 55.1.4 All vehicle openings (doors, retardation force exerted by the brakes windows, hood, trunk, cargo doors, etc.) on each axle shall be such that the quo­ static retardation force produced by the application of the parking brakes on an are in a closed position except as required tient for instrumentation purposes. brake retardation force, axle dining a static draw bar pull in a forward direction shall be such that the 55.1.5 The ambient temperature is GAWR between 32° F. and 100° F. quotient 55.1.6 The wind velocity is zero. How­ relative to brake chamber air pressure, static retardation force ever, the vehicle shall be capable of re­ shall have values not less than those GAWR maining within the roadway during the shown in Figure 3. Retardation force required tests under any wind condition shall be determined as follows: is between 0.28 and 0.33. up to 30 miles per hour in any direction. 54.5.1 After burnishing the brake S4.3.2 Application and holding. The 85.1.7 Road tests are conducted on a pursuant to S5.2.5, retain the brake and parking brakes shall be applied by an en­ 12-foot wide, level roadway having a skid drum assembly on the inertia dynamo­ ergy source that is not affected by an number of 75, unless otherwise specified. meter. With brake chamber air pressure pressure loss in the service brake sys­ The vehicle is aligned in the center of maintained at a constant 20 p.s.i. and tem. Once applied, the parking brakes the roadway at the beginning of a stop. with an initial lining temperature be­ shall be held in the applied position solely Stops are made without any part of the tween 125° F. and 150° F. conduct a stop by mechanical means. vehicle leaving the roadway, and without from 50 m.p.h. measure the torque ex- S4.3.3 Automatic application. The lockup of any wheeLexcept for momen­ serted by the brake, and divide by the parking brakes shall be automatically tary lockup caused by an antilockup static loaded tire radius specified by the applied when the air pressure in all serv­ system. tire manufacturer to determine the re­ ice reservoirs is between 0 p.s.i. and the 55.1.8 Brakes are burnished before tardation force. Repeat the procedure automatic application pressure level. The testing as follows: With the transmission six times, increasing the brake chamber automatic application pressure level shall in the highest gear range, make 400 brake air pressure by 10 p.s.i. each time. After be between 20 and 45 p.s.i. applications from 40 m.p.h. to 20 m.p.h. each stop, rotate the brake drum until S4.3.4. Release after automatic appli­ at 10 f.p.s.p.s. After each brake applica­ the surface temperature of the linings cation. After automatic application, the tion, accelerate to 40 m.p.h. and main­ falls to between 125° F. and 150° F. parking brakes shall be releasable not tain that speed until making the next 54.2.6 Brake power. When mounted Less than four and not more than seven application at a point 1.5 miles from the on an inertia dynamometer, each brake jimAg by means of a parking brake re­ point of the previous brake application. shall be capable of making 15 consecutive lease control. The parking brakes shall After burnishing, adjust the brakes as decelerations at a rate of at least 12 be releasable only if they can be auto­ recommended by the brake manufacturer. f.p.s.p.s. from 50 m.p.h. to 15 m.p.h.f at matically reapplied immediately after S5.2 Dynamometer test conditions. equal intervals of 48 seconds, and shall release with the force required by S4.3.1. 55.2.1 The dynamometer inertia for be capable of decelerating to a stop from The control shall be located to the right each wheel is equivalent to the load on 20 m.p.h. at a rate of 14 f.p.s.p.s. one of the steering wheel and shall be op­ the wheel with the axle at rated gross minute after the 15th deceleration. The erable by a person seated in the normal axle weight. series of decelerations shall be conducted driving position. It shall be spring loaded 55.2.2 The ambient temperature is and shall release the parking brake when as follows: between 85° F. and 95° F. pushed and held. The control shall be 54.2.6.1 With the brake linings be­ 55.2.3 Air at ambient temperature is green with a round, knob and shall be tween 150° F. and 200° F. and the drum directed uniformly and continuously over rotating at a speed equivalent to 50 identified by the following legend on its knob or its escutcheon plate: AUTO ­ the brake drum at a rate of 2,200 feet per m.p.h., apply the brake and decelerate minute. to 15 m.p.h. Upon reaching 15 m.p.h., MATIC PARKING BRAKE RELEASE: PUSH AND HOLD. 55.2.4 .The brake temperature is accelerate to 50 m.p.h. and apply the measured by plug-type thermocouples brake for a second time 48 seconds after S4.3.5 Manual operation. The parking brakes shall be manually operable and installed according to SAE Recom­ the start of the first application. Repeat mended Practice J843a, June 1966. the cycle until 15 decelerations have been releasable when the air pressure is 55.2.5 H ie rate of brake rotation ona made. The service line air pressure shall greater than the automatic application dynamometer corresponding to the rate not exceed 90 p.si. during any decelera­ pressure. The means of application and of rotation on a vehicle at a given speed tion. release shall be a push-pull control, sep­

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 is calculated by assuming a tire radius ducting one or more stops from 40 m.p.h. equal to the static loaded radius specified at a deceleration rate of 10 f.p.s.p.s. The by the tire manufacturer. brake lining temperature is decreased to 55.2.6 Brakes are burnished before a specified level by rotating the drum at a testing as follows: Place the brake constant 30 m.p.h. FIGURE 2 and drum assembly on an inertia dyna­ mometer and adjust the brake as recom­ T a b l e I AIR PRESSURE vs RELEASE TIME mended by the brake manufacurer. Make STOPPING DISTANCE IN FEET 200 stops from 40 m.p.h. at a decelera­ tion of 10 f.p.s.p.s., maintaining a drum Fully operational Partially failed Vehicle Speed service brakes service brakes temperature on each stop of not less than (MPH) 315° F. and not more than 385° F. Make Skid No. Wet skid Skid No. Wet skid 200 additional stops from 40 m.p.h. at a 75 No. 30 75 No. 30 deceleration of 10 f.p.s.p.s. maintaining a drum temperature on each stop of not 20...... 29 54 38 54 less than 450° F. and not more than 25...... 43 81 58 81 30______60 115 81 115 550° F. After burnishing, the brakes are 35...... 79 154 107 154 adjusted as recommended by the brake 40...... 101 199 138 199 45...... 126 249' 173 249 manufacturer. 50 ...... 153 305 211 305 55.2.7 The brake lining temperature 55...... 183 367 253 367 60...... 216 435 299 is increased to a specified level by con­ 435 FIGURE 1 RPSD UE KIG ING AK M RULE PROPOSED AIR PRESSURE vs.ACTUATION TIME 10371

FEDERAL REGISTER, VOL. 35, NO. T23— THURSDAY, JUNE 25, 1970 10372 PROPOSED RULE MAKING

sion designator for microwave radio FIGURE 3 transmitters. This proved to be unsatis­ factory as an indication of the rf band­ BRAKE CHAMBER PRESSURE vs. RETARDATION width needed by frequency modulated systems for telephony, inasmuch as the bandwidth values obtained were un­ realistically low. The initiation of the proceeding in Docket No. 13737, sum­ marized above, led to the present prac­ tice of authorizing necessary or occupied bandwidth, whichever is greater, for microwave radio systems. (Normally, the necessary bandwidth value is much the greater of the two for frequency modu­ lated radiotelephony systems and, there­ fore, determines the bandwidth to be authorized by the Commission for these systems.) The difficulty with the present practice is the opposite of that prior to . the adoption of the present rules, in that the computed values of necessary band­ width now are alleged to be unrealis­ tically high and, as a result, where rf channel bandwidths are restricted by the rules, the voice channel capacity of sys­ tems subject to these rules is unduly restricted. Therefore, in the instant pro­ ceeding, with the benefit of past experi­ ence, we are proposing what we believe to be a more realistic and practicable method for determining the bandwidth to be authorized for frequency modulated microwave systems, especially those used for multi-channel telephony. 5. On April 7, 1969, we received com­ ments with regard to the Collins petition, RM-979, from the Fixed Point-to-Point Communie ations Section, Industrial Electronics Division of the Electronic In­ dustries Association (E IA ). They agree 0 20 40 60 80 100 that revision of our rules is needed to better define necessary and occupied bandwidths for microwave communica­ RETARDATION FORCE/GAWR (%) tions systems but do not recommend the [F.R. Doc. 70-7965; Piled, June 24,1970; 8:45 a.m.] method outlined in the Collins petition, RM-979. They propose, instead, a modi­ fication of the present method of deter­ ized for microwave radio relay systems. mining necessary bandwidth for these FEDERAL COMMUNICATIONS The petition appears to be directed to frequency modulated systems for multi­ systems. channel telephony although it does not 6. Upon examination of the petition of COMMISSION limit the applicability of the rule changes Collins and of the comments of EIA, we [ 47 CFR Part 2 1 requested to this category of equipment. find that certain modifications of the methods of determining occupied and [Docket No. 18878; RM-979; FOC 70-627] 3. On July 29, 1960, the Commission issued a notice of proposed rule making necessary bandwidth for emissions from FREQUENCY MODULATED MICRO- (Docket No. 13737) in the matter of microwave radio relay systems may be WAVE RADIO RELAY SYSTEMS “Amendment of Part 2 of the Commis­ warranted. However, the method re­ sion’s Rules with regard to the specifica­ quested in the petition would, in our Calculation of Necessary Bandwidth tion of bandwidth of certain kinds of opinion, be a step backward to the un­ and Measurement of Occupied transmitters producing composite emis­ satisfactory situation, which led to our Bandwidth sions.” Among other things, this action adoption of the present rules. Wei3o not proposed the establishment of a method consider it to be in the public interest to 1. Notice of proposed rule making in for determination of necessary band­ revert to that situation. We will con­ the above-entitled matter is hereby given. width for class F9 (composite) emissions tinue to consider necessary bandwidth as 2. On May 31,1966, we received a peti­ such as those which obtain from fre­ the value to be indicated in the emission tion from the Collins Radio Co. to amend quency modulated microwave radio relay designators for frequency modulated our rules and regulations “to Alter Cer­ systems. In response to that notice, com­ transmitters used in microwave radio tain Stipulations Relating to Definition ments were filed by the American Tele­ relay systems. In most cases the neces­ of Allowable Bandwidth.” Collins pro­ phone & Telegraph Co. and by the sary bandwidth will be the authorized poses that “occupied bandwidth” 1 rather Microwave Section of the Electronic In­ bandwidth for these transmitters. than “necessary bandwidth” 1 be used in dustries Association indicating general 7. In the applicable formula for neces­ specifying the bandwidth to be author- agreement with the proposed rule sary bandwidth set forth in § 2.202 of our changes. The report and order in Docket rules (B „= 2 M + 2 D K ), EIÁ proposes that No. 13737 making final the proposed we should modify the method of de­ iThe terms “occupied bandwidth” and changes to the rules was adopted on termining the value of M. The Interna­ “necessary bandwidth” are defined in the in­ January 25,1961. ternational radio regulations (Geneva, 1959) 4. Prior to the adoption of the changes tional Radio Regulations (Geneva 1959) and in Part 2 of the Commission’s rules. and section 2.202(e) of our rules define Changes in these definitions are not within to the rules in Docket No. 13737, the oc­ the scope of this proceeding. cupied bandwidth was used in the emis- M as the maximum modulation frequency

FEDERAL REGISTER, V O L 35, NO. 123— THURSDAY, JUNE 25, 1970 PROPOSED RULE MAKING 10373

in hertz. EIA points out that, in accord­ as the value of M. Our proposal also modulating channels. The modified rule ance with CCIR recommendations it is would permit exclusion of the con­ would require the use of a test signal at a standard practice in the United States tinuity pilot being considered the max­ an rms level which is 26.6 percent of and in foreign countries to equip micro- imum modulating frequency in the base­ the full rated peak modulation of the wave radio relay systems with a “conti­ band for television transmission, if the transmitter. This corresponds to an 11.5 nuity pilot” signal which is carried on the conditions in the proposed § 2.202(f) (1) dB “peak factor” to systems rated at 60 modulation baseband at a frequency (i), and (iii) are met. The figure 3.55 or more channels. As stated in the EIA above that of the telephpomy or video in­ percent of the peak deviation proposed proposal, systems employing less than 60 formation. The complete utility of the as the maximum permissible rms devi­ channels appear to require a larger continuity pilot is assured, EIA states, if ation of the main carrier due tq the pilot “peak factor.” We will continue to re­ in the transmission process only the first- in the case of television transmission is quire the use of the 13 dB value for order modulation sidebands due to the derived from Recommendation 401-1 of such systems. continuity pilot are preserved. If certain the C.C.I.R. as shown in volume IV of 12. The proposed modifications should limits are placed upon the frequency of the documents of the X lth Plenary As­ be regarded as a step in an evolutionary the continuity pilot and the degree to sembly, Oslo, 1966. process to develop meaningful tests and which it modulates the main carrier, EIA 9. The comments of EIA propose that bandwidth specifications for microwave argues that the pilot may be transmitted no modification of the factor “K ” be relay systems. Therefore, in addition to using frequencies slightly higher than made in the necessary bandwidth form­ specific comments concerning the pro­ the other information in the baseband ula B „=2 M +2 D K (see § 2.202(c)), be­ posed rules changes, we invite any addi­ without increasing the bandwidth neces­ cause of the need for further study of tional information applicable to band- sary to ensure the transmission and re­ this matter. W e concur with their pro­ with consideration for such systems. ception of information at the rate and posal to keep the value of K equal to 13. In view of the foregoing, we are quality required. For example, consider unity for these systems. granting in part the petition of the Col­ a radio relay system in which the base­ 10. We are also proposing to modify lins Radio Co., RM-979, to the extent band is occupied by 600 telephone mes­ our rules to specify two formulas to be that we are instituting this proceeding to sage channels extending from 60 kHz to used in calculation of the rms noise load­ amend our rules concerning bandwidth 2540 kHz plus a continuity pilot at 3200 ing for testing, and in calculation of the specifications for microwave radio relay kHz which, in combination, effect a peak necessary bandwidth for transmitters transmitters. In all other respects, the deviation, D, of 3.28 MHz. If the pilot carrying multi-channel telephony. W e instant petition is hereby denied. This frequency is taken into consideration, believe that the formulas in proposed action is pursuant to § 1.407 of our rules. the calculated necessary bandwidth, §§ 2.202(f) and 2.579(c) (6) set forth be­ 14. This proposal to amend the Com­ 2M+2DK, becomes 12.96 MHz. If the fre­ low are generally accepted by designers mission’s rules is issued under the, au­ quency of the pilot is ignored, the neces­ and operators of such systems, as evi­ thority of section 4(i), 301 and 303(r) sary bandwidth is calculated to be 11.64 denced by their appearance in Recom­ of the Communications Act of 1934, as MHz. In either case, EIA argues, only mendations 393-1 and 399-1 of the Inter­ first-order sideband products would con­ national Radio Consultative Committee amended. tribute to reproduction of the continuity (C.C.I.R.) and Recommendation G.223 15. Comments in support of or in op­ pilot in the receiver output. Thus, under of the International Telegraph and Tele­ position to the proposed amendment may certain circumstances, the frequency of phone Consultative Committee (C.C. be filed on or before September 2, 1970. the pilot may be ignored in necessary I. T.T.). The use of this set of formulas Reply comments may be filed on or be­ bandwidth calculations, while still pre­ should result in greater uniformity in fore September 14, 1970. All relevant and serving the basic principle lying behind the specification of bandwidth for micro- timely comments will be considered be­ the concept of necessary bandwidth— the wave radio systems for multichannel te­ fore final action is taken in this pro­ bandwidth necessary to support satis­ lephony. Also, it will establish a common ceeding. In reaching its decision in this factory transmission and reproduction of reference point to which “peak factor” proceeding, the Commission may also the original information. (discussed in paragraphs to follow) can take into account other relevant infor­ 8. We are persuaded that this argu­ be applied when determining the peak mation before it, in addition to specific ment has acceptable merit insofar as it deviation (the value of “D ” in the neces­ comments invited by this notice. In ac­ conforms to the principle and the pur­ sary bandwidth formula) for such cordance with the provisions of pose of the necessary bandwidth defini­ transmitters. § 1.419(b) of the Commission’s rules an tion. The argument is not automatically 11. The present rule for testing trans­ original and 14 copies of all statements, extendable to other circumstances. We mitters with multiple modulating chan­ briefs, or comments filed shall be fur­ are concerned about the increased noise nels, § 2.579(c) (6), states that the test nished to the Federal Communications c6mmission. or distortion products which in the de­ signal shall be adjusted to provide rms tection process may be induced in the modulation which is 22.4 percent of the Adopted: June 17,1970. message channels when receivers are ad­ rated peak modulation of the transmit­ Released: June 19,1970. justed to pass a bandwidth which con­ ter. In other words, the peak-to-rms forms to the narrower necessary band­ ratio or so-called “peak factor” is 13 dB F ederal C ommunications width calculation. Comments on this as­ for the specified test conditions. The EIA C o m m is s io n ,2 pect of the problem are invited. It is comments assert that while this 13 dB [ seal ] B e n F. W a p l e , emphasized that we are proposing this value may be suitable to multi-channel Secretary. rule change with respect to single fre­ amplifiers, it is not necessarily applica­ 1. Section 2.1 is amended by addition quency, continuity pilots only. Auxiliary ble to microwave radio relay systems em­ of the following definitions in alphabeti­ sUbcarriers or other signals appearing ploying single sideband suppressed car­ cal order.to read: above the telephone or video portion of rier multiplex speech channels as the the baseband will be considered in cal­ frequency modulation signal. The EIA § 2.1 Definitions. culating the value of M. Our proposals reasoning in requesting a change of the ***** concerning use of the continuity pilot peak factor under these conditions to Characteristic baseband frequency. A frequency as the maximum modulating II. 5 dB is persuasive. In this connection, frequency, in the baseband, at which a frequency (M ) are similar to those advo­ we note that Recommendation 399-1 of signal at a given level into the modulator cated in the EIA comments. However, the C.C.I.R. suggests that the peak to of a frequency modulated radio trans­ our proposal contains the added condi­ rms ratio of the test signal should be tion that the pilot frequency must be no about 12 dB. (This Recommendation is mitter will provide the same value of greater than the sum of M + D , in addi- also published in Volume IV of the frequency deviation of a carrier whether pt a k° ° ^ er conditions suggested by Documents of the X lth Plenary Assem­ or not preemphasis is Used. as Prerequisites to allowing use of bly, Oslo, 1966.) Therefore, we are pro­ ***** the maximum modulating frequency, posing modification of § 2.579 for test­ other than the pilot frequency, to be used ing of transmitters employing multiple 2 Commissioner Cox absent.

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 No. 123- 10374 PROPOSED RULE MAKING

Perchannel deviation. Frequency devi­ (1) The modulation index of the main division multiplex telephony channels, D shall be calculated in the following ation of the carrier of a frequency modu­ carrier due to the pilot is no greater than lated radio transmitter produced by the 0.25 and the frequency of the pilot does manner : average power of a test tone at a speci­ not exceed the sum of M plus D, assuming (i) The value of rms per channel devi­ ation shall be specified. (In the case of fied level in one telephone channel when that M does not include the frequency systems employing preemphasis or phase delivered to the modulator. of the pilot. modulation, the per channel deviation * * * * * (ii) In a radio system for multi­ channel telephony, the rms frequency shall be specified at the characteristic 2. In § 2.202, subparagraphs (2), (3), deviation of the main carrier due to the baseband frequency.) and (4) of paragraph (c) and paragraph pilot is no greater than 70 percent of the (ii) The value of D is then calculated (e) are amended; a new paragraph (f) is rms per channel deviation. In such a added; the table from paragraph (e) is radio system using preemphasis or phase by multiplying the rms per channel devi­ redesignated as paragraph (g ), and is modulation, the rms deviation due to the ation by the appropriate factors, as amended by deletion of entries for “Com­ pilot is no greater than 70 percent of the follows : posite transmission; F9-6800F9” and rms per channel deviation produced by a “Composite trnsmission: F9-17900F9” signal at the characteristic baseband Number of and the insertion of the five entries frequency. telephone Multiplying factors channels shown. The amended of added texts (iii) In a radio system for television, read as follows: the rms deviation of the main carrier due At least 3, but “ a factor specified “ § 2.202 Bandwidth». to the pilot is no greater than 3.55 per­ less than 12. by the equip- cent of peak deviation of the main car­ ment manufac- * * * * * 4.47 X turer or station rier. In such a system using preemphasis licensee, subject (c) * * * or phase modulation, the rms deviation to Commission (2) For radio systems which carry due to the pilot is no greater than 3.55 _ approval. —1 single sideband, suppressed carrier, At least 12, but r(-l+41ogio No)"l percent of the peak deviation produced less than 60. 4.47 antilog frequency division multiplex telephone 20 by a signal at the characteristic baseband L J channels as the frequency modulating At least 60, but frequency. r (—1+4 logio N„) 1 signal and which have a linear relation­ less than 240. 3.76 antilog (2) In the case of radio relay systems 20 J ship between the value of input voltage in which the baseband comprises single [-(—15+10 logio NcH to the modulator and the resulting 240 or more...... 3.76 antilog sideband, suppressed carrier, frequency L 20 J frequency deviation of the carrier, com­ putation in accordance with paragraph ( g ) Table of necessary bandwidths : (f ) of this section; (3) Computation in accordance with I. A mplitude Modulation Recommendations of the International Description Necessary Examples Radio Consultative Committee (C.C.LR.). bandwidth and class Designation in hertz Details (4) Measurement in cases not covered of emission of emission by subparagraphs (1), (2), or (3) of this paragraph. * * * * * (e) In the formulation of the table, II. Frequency Modulation paragraph (g ), the following terms are 3700F9 employed: Composite B n=2M +2DK Microwave radio relay system: transmission: K=1 Specifications: ...... „„ . B»=Necessary bandwidth in hertz. F9 60 telephone channels occupying baseband between 60 and B = Telegraph speed in bands. 300 kHz; rms per-channel deviation 200 kHz; continuity N=Maximum possible number of black plus pilot at 331 kHz produces 100 kHz rms deviation of main carrier. white elements to be transmitted per ■ Computation of B n: „ second, in facsimile and television. D = (200X10»X3.76X2.02)Hz=1.52X10«Hz M=Maximum ' modulation frequency in M=0.331X10«Hz; Bandwidth: 3.702X10«Hz. hertz. In certain instances, it may be 16300F9 Composite B n=2M+2DKT Microwave radio relay system: permissible to use a value for M which transmission: K=1 Specifications: ...... is less than the maximum frequency F9 960 telephone channels occupying baseband between w ana delivered to the modulator. These per­ 4028 kHz; rms per-channel deviation 200 kHz; continuity missible instances are set forth in pilot at 4715 kHz produces 140 kHz rms deviation of main carrier. _ paragraph (f) of this section. Computation of B„: „ C=Subcarrier frequency in hertz. D=(200X103X3.76X5.5)Hz=4.13X106IJz; D = Half the difference between the maxi­ M=4.028X10«Hz; Bandwidth: 16.32X10«Hz. mum and minimum values of the 23600F9 Composite Bn+2M+2DK Microwave radio relay system: instantaneous frequency (the rate of transmission: K=1 Specifications: . . . . change of phase) except in systems to F9 600 telephone channels occupying baseband between oo ana which paragraph (f) of this section 2540 kHz; rm s per-channel deviation 200 kHz; continuity pilot at 8500 kHz produces 140 kHz rms deviation of main applies. carrier. t= P u lse duration in seconds. Computation of B n: „ - K =A n overall numerical factor which var­ D = (200X105X3.76X4.36) Hz=3.28X10«Hz. ies according to the emission and M=8.5X10*Hz; which depends upon the allowable Bandwidth: 23.56X10«Hz. 23300F9 Còmposite Bn=2M+2DK T V microwave relay system: signal distortion. This value is con­ transmission: K=1 Specifications: . sidered to be equal to unity, unless F9 Aural program on 7.5 MHz, aural subcarrier deviation ±160 otherwise specified by the Commission. kHz; continuity pilot at 8.5 MHz produces 140 kHz rms deviation of, main carrier; D=3.7X10* Hz (visual) plus Nc=Number of baseband telephone channels 0.3X10* Hz (aural). in radio systems employing multi­ Computation of B n: __ channel multiplex telephony. M = (7.5+0.15)X10* Hz; D = (3.7+03)X10 * Hz; Bandwidth: 23.3X10« Hz. 21400F9 (f) Calculation of M and D in special Composite Bn=2M+2DK T V microwave relay system: transmission: K =1 Specifications: . . -, instances: Aural program on 6.0 MHz subcarrier; aural subcarrier F9 (1) In the case of frequency modu­ deviation ±150 kHz; continuity pilotai 8.5 MHzproduws 50 kHz rms deviation of main carrier; D=2X10* Hz lated radio relay systems, a continuity (visual) plus 0.2X10* Hz (aural). pilot need not be considered as the maxi­ Computation of B n: D —(2.0+0.2) X10* Hz; M=8.5X10* Hz; mum modulating frequency (M ) if the Bandwidth: 21.4X10* Hz. conditions in (i) and either (ii) or (iii) are met.

FEDERAL REGISTER, V O L 35, NO. 123— -THURSDAY, JUNE 25, 1970 PROPOSED RULE MAKING 10375

3. In § 2.579(c), subparagraph (6) is 2. In actions taken to implement the Nevertheless, it appears that Channel 36 amended to read as follows: decisions reached recently in the land can be used in a very narrow area right mobile-UHF allocation proceedings along the coast. The antenna height will § 2.579 Measurement data required for type acceptance. (Dockets 18261 and 18262), the Commis­ probably have to be substantially limited sion amended the table with respect to because of aeronautical restrictions ***** two New Jersey educational assignments (which was a problem also with Channel (c) * * * ' *• and issued a notice of proposed rule *18, previously assigned). However, the (6) Transmitters for which peak fre­making looking toward deletion of an­ New Jersey authorities are interested in quency deviation (D ) is determined in other. (See memorandum opinion and this assignment chiefly for use by a accordance with § 2.202(f), and in which order, FCC 70-523, order to show cause translator, supplementing the service ,of the modulating baseband comprises more concerning the New Brunswick reserved the station near Camden to the Atlantic than 3 independent speech channels— assignment, Docket No. 18864, FCC 70- City area, some 50 miles from Camden. when modulated by a test signal deter­ 525, and notice of proposed rule making Under the circumstances, and consider­ mined in accordance with the following : concerning upper UH F assignments, ing the substantial impact which the (i) A modulation reference level is es­ Docket 18862, FCC 70-524, all released Commission’s actions necessary to tablished for the frequency in the base­ May 21, 1970.) These actions included afford land mobile relief have had on band which provides the same deviation the withdrawal from television use, for the New Jersey educational assignment of the carrier whether or not preemphasis the present, of Channel *19 at New framework, this assignment appears is used. (Modulation reference level is de­ Brunswick, with Channel 58 substituted; appropriate. fined as the average power level of sinus­ the similar withdrawal of Channel *18 7. Accordingly, pursuant to authority oidal test signal delivered to the modu­ at Atlantic City, but with no replace­ contained in sections 4 (i ) , 303 (g) and lator input which provides the specified ment; and the proposal to delete Chan­ (r) and 307(b) of the Communications value of per-channel deviation.) nel 77 at Glen Ridge, N.J., without re­ Act of 1934, as amended, it is proposed (ii) Modulation reference level being placement being proposed. to amend the table of assignments con­ established, the total rms deviation of the 3. In informal conversations since tained in § 73.606(b) of the rules to read transmitter is measured when a test sig­ these actions were taken, officials of the as follows with respect to the cities nal consisting of a band of random noise, New Jersey Public Broadcasting Author­ listed: extending from below 20 kHz to the ity have indicated that that group is highest frequency in the baseband, is ap­ ready to proceed with prompt construc­ Channel No. plied to the modulator input through any City tion and operation of stations on the Present Proposed preemphasis networks used in normal four ETV assignments in the State, in­ service. The average power level of the cluding those mentioned above and one Atlantic City, N J ...... ‘ *18,63 ‘ *18, *36, 53 test signal shall exceed the modulation at Trenton, not involved in the changes. Camden, N.J...... *23 reference level by the number of decibels Funds have been committed and a firm Philadelphia, Pa...... 3, 6-, 10,17, 3, 6-, 10, 17, 23, 29, *35, 29, *35, *57 determined using one of the following offer obtained, for construction of the *57 formulas, as appropriate: four stations as a package, from an (a) For transmitters modulated by at equipment supplier. It appears that the 1 Following the decision In Docket 18261, channels so least 3 and less than 12 speech channels: changes in the table mentioned above indicated will not be available for television use until further action by the Commission. dB above modulation may have a deterring effect on ETV reference level= The value specified by development in New Jersey unless ac­ Also, while Channel 23 at Philadelphia the equipment manu­ tions to find replacement channels are has not been applied for, some interest facturer, subject to found. in its use has recently been indicated. Commission approval. 4. Studies looking toward a substitute Depending on what the comments here­ (b) For transmitters modulated by at channel for the Glen Ridge assignment in show, we will consider removing the least 12 and less than 240 speech are proceeding, and it is expected that a reservation from Channel *57 at Phil­ channels: proposal concerning that matter will be adelphia, now unoccupied, thus making issued shortly. The purpose of the pres­ it available for commercial, as well as dB above modulation reference level= educational, use. - 1 + 4 log10Nc1 ent notice is to propose a change in as­ signments which will permit the ren­ 8. Pursuant to applicable procedures (c) For transmitters modulated by 240 dition of ETV service in southern New set out in § 1.415 of the Commission’s or more speech channels : Jersey despite the withdrawal of the rules, interested persons may file com­ dB above modulation reference level= Atlantic City ETV assignment. ments on or before July 20, 1970, and -1 5 + 10 log10Nc1 5. It appears that Channel 23 is as­ reply comments on or before July 30, ***** signed to Philadelphia, Pa., neither oc­ 1970. All submissions by parties to this proceeding or persons acting in behalf of IF-R. Doc. 70-7970; Filed, June 24, 1970; cupied nor applied for, and that it could 8:45 ajn .j be used, consistent with mileage separa­ such parties must be made in written tions, in an area of New Jersey to the comments, reply comments or other ap­ east, in or near Camden. Accordingly, propriate pleadings. In view of the de­ t 47 CFR Part 73 1 we propose to shift this channel to New sirability of prompt activation of ETV [Docket No. 18882; FCC 70-638] Jersey and reserve it for educational service in New Jersey, we are setting use. If assigned to Camden, it can be relatively short dates for comments in TELEVISION BROADCAST STATIONS used any place in New Jersey within 15 this proceeding, and expect that the Table of Assignments in New Jersey miles of the Camden reference point, dates will be adhered to. and Pennsylvania under § 73.607(b) of the rules, which 9. In accordance with the provisions should give adequate latitude in the sta­ of § 1.419 of the rules, an original and In the matter of amendment of tion’s location. This change would limit 14 copies of all comments, replies, plead­ § 73.606(b), Table of Assignments, Tele­ Philadelphia to two commercial UHF ings, briefs, and other documents shall vision Broadcast Stations. (Camden and channels (plus two reserved for educa­ be furnished the Commission. Atlantic City, N.J., and Philadelphia, tion) ; but we also point out that a Adopted: June 17, 1970. Pft.) station on the Burlington, N.J., chan­ 1. Notice of proposed rule making, In­nel assignment is actually located in Released: June 19, 1970. stituted by the Commission on its own Philadelphia. F ederal C ommunications motion, is hereby given concerning 6. The New Jersey educational broad­ C o m m is s io n ,* amendment of § 73.606 of the Commis­ casting authorities have also indicated [ s e a l ] B e n F. W a p l e , sion’s rules, the Table of Television As­ interest in having a channel assigned Secretary. signments, with respect to the above- to Atlantic City. Any channel assigned [F.R. Doc. 70-8056; Filed, June 24, 1970i listed cities. here would be severely limited as to sta­ 8:49 a.m.] tion location, because of mileage sepa­ 1 See § 2.202(e) of this chapter. ration requirements to other stations. 3 Commissioner Cox absent.

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 10376 PROPOSED RULE MAKING contour-prediction methods would indi­ [ 47 CFR Part 73 ] level in the Islands is still substantially lower than in the continental United cate, and vice versa.2 [Docket No. 18881; PCC 70-637] States, and there are a continuing lan­ 5. As to the relationship to UHF, Public TELEVISION BROADCAST STATIONS guage barrier and teacher shortage and Televisions recognizes the Commission’s presently no opportunity for post-grad­ general policy of encouraging UHF as a Table of Assignments, Charlotte uate or professional instruction; there­ necessary part of and adequate U.S. tele­ Amalie and Christiansted, V.l. fore, following the 1967 enactment of the vision system; but it is asserted that, new Federal statute, the legislature of because of its small population, unusually In the matter of amendment of the islands established the Public Tele­ low average annual income ($2,100 com­ § 73.606 of the Commission’s rules, table vision Commission and has committed pared to $3,942 in the continental U.S., of assignments, television broadcast sta­ more than $500,000 to ETV. The proposed with a higher cost of living in the tions. (Charlotte Amalie and Christian­ operation would be primarily a “public” Islands) and unusually low percentage sted, V .I.), RM-1369. educational and cultural service, includ­ of receivers equipped for UHF (particu­ 1. On_ November 7, 1968, the Virgin ing adult education, programing for pro­ larly among low-income families, where Islands Public Television System (Public fessional people, cultural events, faculty set turnover is slow and which would be Television) filed a petition for rule- and lecturers at the College of the Virgin particularly benefit ted by ETV) ,s the making asking that VHF Channels 3 and Islands, and public affairs programing Virgin Islands is, necessarily must be 12 be assigned at Charlotte Amalie and such as material concerning the first and should be permitted to develop as, a Christiansted, V.I., respectively and re­ gubernatorial election to be held in 1970 “single-service” market, relying on VHF served for educational use. Channels 10 and remote broadcast of the legislature. for its television. Petitioner states that it and 8 are presently assigned to these Some use would also be made for in­ does intend to use the assigned UHF respective cities and occupied by com­ school instructional purposes. channels for lower-power, in-school use. mercial stations; three UH P channels, 3. Much of the petition and support­ It is further stated that ITFS is not one reserved for education, are also now ing engineering statement are devoted to serviceable because of the rugged terrain assigned to each city, but no UH P sta­ a discussion of two general subjects: The in the Islands. It is noted that if the tions have been applied for. There are no justification for permitting VHF assign­ Commission requires it, it will accept the other assignments in the Virgin Islands. ments at short separations as mentioned VHF assignments now on condition that Two important points must be borne in above; and the need for VHF assign­ it transfer to UH F within 10 years; but mind in considering this request: (1) ments, at short separations, when there that with the Islands now being VHF- Both assignments would be “short­ are UHF channels available. It is urged, only, UHF ETV operation would be rela­ spaced”, involving separations substan­ in general, that: (1) The requested as­ tively ineffective. The greater cost of tially less than the 190-mile minimum signments, used on the better than UH F operation is also urged, including separation between cochannel stations “equivalent protection” basis which peti­ greater capital cost computed in the applicable under the rules to this portion tioner proposes, would be consistent with engineering statement as $285,000 and of the United States, with respect to sta­ the Commission’s general policy con­ an additional $35,000 per year in power tions on these channels at Mayaguez, cerning VHF assignments at short sepa­ and tube-replacement costs. Puerto Rico (Channel 3, some 145 miles rations; (2) the requested assignments away) and Aguadilla-Mayaguez (Chan­ 6. For these reasons, it is asserted that would be consistent with the general VH F assignments for educational use nel 12, some 169 miles distant); (2) Commission policy concerning VHF and should be made as proposed. As other about December 1, 1968, the Commission UHF since the Virgin Islands (with small learned through the weekly circulars population and low income) cannot pos­ factors in favor of waiver of the “short from the Internatiohal Frequency Regis­ sibly support more than “one service” or separation rule” here, there are asserted tration Board (an organ of the Interna­ be a “mixed market” ; (3) the Virgin the fact that only one cochannel and no tional Telecommunication Union) of Islands situation is unique, so that con­ adjacent-channel ^separations are in­ two television stations to be put into siderations applicable to TV allocations volved in each case (unlike some of the service on the Island of Tortola in the generally do not always apply; (4) the situations on the m ainland); in view of British Virgin Islands. Tortola is close proposal is in the public interest because to the U.S. Virgin Islands (only some it will permit efficient, effective public the limited land area there is no limita­ 10 miles from the Island of St. John), television. tion involved in serving areas of possible and these stations and those contem­ 4. In support of the first argument, plated in the petition are obviously mu­ Public Television proposes that the sta­ * This statement is supported in petitioner’s tually exclusive. tions it would operate on these channels engineering showing by profile graphs, data 2. The U.S. Territory of the Virginwould be constructed at less than maxi­ derived from field-intensity measurements Islands lies in the Caribbean to the east mum effective antenna height and less made by petitioner, responses to question­ of Puerto Rico and consists of three prin­ than the maximum allowable effective naires which were given by T V servicemen radiated power; a directional antenna at various places in Puerto Rico, and state­ cipal islands— St. Thomas (Charlotte ments by Puerto Rico licensees themselves in Amalie) and St. John, lying from about suppressing radiation toward the west various connections (e.g., a statement show­ (Puerto Rico) by 8.6 db compared to 40 to about 55 miles east of Puerto Rico, ing Grade B contours actually 20 miles and omnidirectional operation; and “pre­ more closer to the station than standard and St. Croix (Christiansted), some 40 cision offset” operation with Public Tele­ prediction methods would indicate). It is miles south of St. John. The estimated vision paying the cost of such installa­ also pointed out that the Commission lujs 1967 population of the islands is St. tions both by its stations and the af­ authorized an on-channel booster on Chan­ fected Puerto Rico Channels 3 and 12 nel 12 at Ponce, to provide signals from Thomas, 29,111; St. John, 1,505; and St. Channel 12 at Aguadilla-Mayaguez, even stations. By these means, it is stated, Croix, 26,083, a total of 56,699. In support though Ponce is within that station’s pre­ protection against interference will be of its petition, Public Television asserts, dicted Grade B contour. afforded to these stations considerably 3 Petitioner asserts that the percentage of with emphasis, that there is a tremen­ more than the required under the UHP conversion is the lowest of any U.S. dous need for ETV in the Virgin Islands, “equivalent protection” criteria con­ market, only 18—20 percent, based on a survey a need emphasized by the Governor in sidered by the Commission in Docket taken by it drawing 1,800 responses; and that most homes will not purchase sets in the his testimony before Congress in 1967, 13340 and used in a number of indi­ vidual cases. Aside from this, it is near future. It is also stated that the numer­ and recognized by Congress in including ous outside antennas necessitated by rugged claimed that the terrain Puerto Rico is the Virgin Islands, for the first time, terrain would be useless for UHP. Petitioner unusually rough, so that stations on the cites the Reopened Springfield Deintermix­ within the ambit of governmental ETV eastern side of the island (and in the ture Case, 23 R.R. 1579 (1962) for the proposi­ assistance in the Public Broadcasting tion that the Commission has recognized Virgin Islands further east) do not put Act of that year. It is stated that despite that some markets are more suitable as strong a signal into the western for single-service development than for intensive governmental efforts recently portion of the island as the general intermixture. in the educational area, the educational

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 PROPOSED RULE MAKING 10377

future population expansion, as it some­ U H F commercial assignments would is ideal for UHF, with small area to be times is the case where short separations come into being and the Islands would covered, and petitioner’s proposal would require less than maximum facilities; 4 have full service. destroy the possibility of UHF develop­ and there are no other transmitter sites 9. M ST and Western both point out ment there. Attention is also called to available which would eliminate or sub­ that while Public Television objects to the British Virgin Islands notification, stantially decrease the short spacing. In the greater cost of UHF, in agreeing to and the interference which would result general, it is urged that, with only one- build UH F facilities in 10 years if re­ to these notified operations from peti­ fifth or less of the sets able to receive quired, it obviously is agreeing to an tioner’s proposed operations. UHF, “if Petitioner is forced to broadcast even more costly course of action. West­ 11. W BNB, stating its support for on the UHF band, it cannot provide effi­ ern believes, however, that the result of ETV and agreement to furnish trans­ cient, effective service to the public” ; and such a course would simply be to leave mitter space at nominal cost and permit “ [public television] can be an efficient, the VHF channels there permanently colocation of the ETV transmitter if the effective system and serve the public and the condition would disappear. facility complies with the rules, opposes Interest only if it is permitted to operate Western asserts that in fact the costs the petitioner’s proposal because of the on VHF channels.” of UHF compared to VHF would be loss of its service which would be en­ O p p o s it io n s and R e p l y much less than those estimated by the tailed. It is pointed out that in 1968 petitioner (which assumed two UHF W B N B was authorized two translators, 7. Oppositions to the petition were stations of high E.R.P. to get the same one on Channel 3 at King Quarter and filed by Association of Maximum Service Grade B coverage as with V H F ); with one on Channel 12 at Fredericksted, to Telecasters, Inc. (M S T ), a group of TV the limited land areas involved, two improve its service; the Channel 12 sta­ licensees which generally opposes short­ main UHF stations of low power (with tion serves 2,000 people, and the loss of spaced TV stations and assignments; one UHF translator to cover a “shadow” this audience is important in view of the Western Broadcasting Corporation of area on St. Croix) could do an adequate small population of the Islands. It is Puerto Rico (Western), the licensee of job considerably more cheaply, and it stated that loss of these translators will Station W O LE-TV, Aguadilla, P.R., could be done at even less expense, and deprive some people of their only local or Channel 12 (one of the two stations adequately, using only a main station network service and others a choice of affected); and Island Teleradio Service, on St. Thomas and two UHF translators services. It is asserted that, while nor­ Inc. (W B N B ), licensee of Station W B N B - on St. Croix. The latter approach would mally translator service must give way TV, Charlotte Amalie, V.I., Channel 10, represent a capital outlay for equipment to service from regular stations, it would the latter chiefly because of the impact and installation of only some $115,000, be inequitable to require deletion of which the proposed operation would have compared to some $235,000 for two VHF these facilities when at the time W B N B - on recently authorized translators re­ stations (it is stated that for fairly low- TV applied for these operations and broadcasting the W B N B -T V signal, on power UHF operations no significant made its plans the rule precluded use Channel 3 at King Quarter and Channel operating cost differentials as compared of these channels by a regular station 12 at Frederiksted. to VHF would be involved) .* The result, and W B N B proceeded and incurred sub­ 8. The M ST and Western pleadings it is said, would be even better than stantial expense in construction on this attack petitioner’s argument that any­ the petitioner’s approach because the basis. thing in the situation of the Virgin “shadow” area on St. Croix would be 12. In replying to these oppositions, Islands is so “unique” as to render in­ eliminated. Public Television denies that it is in ef­ applicable the general Commission pol­ 10. Western and W B N B also attack fect advocating a general policy of per­ icy of the 1960’s emphasizing the im­ petitioner’s estimate of UH F conversion mitting “short spacing” where equiva­ portance of UHF development and the in the Virgin Islands. Western cites U.S. lent protection can be afforded,7 and as­ need to have an intermixed competitively Department of Interior and Department serts simply that under the unique facts equal television system if the needs of of Commerce figures indicating that of the Virgin Islands situation the pro­ the country for service are to be ade­ there are about 15,000 sets in the Islands, posal does not do violence either to the quately met. It is pointed out that the and that some 6,250 were shipped there policy against such assignments on a earlier “interim” policy (Docket 13340), from 1965 to 1967, so that (including general basis or the policy of favoring in which short-spaced VH F assignments 1968 shipments) the percent of conver­ UHF development.8 It is asserted that the were to be considered, was confined to sion is now in the order of 50 percent demand for commercial service, even situations where the immediate provi­ and will soon be higher. W BNB claims VHF, is so small in this territory that the sion for three competitive facilities in it is 30 percent to 40 percent. Western Channel 8 station is being offered for substantial markets was regarded as claims that, rather than demonstrating sale. Conceding that accurate estimates highly important; that in connection any exceptional circumstances warrant­ of UHF set penetration are difficult to with its successful efforts to obtain all­ ing a waiver, the petitioner’s showing make (with increasing purchases by ho­ channel legislation the Commission really indicates that the Virgin Islands tels and “second sets” and purchases by emphasized the importance of an inter­ tourists in this “free market”) , petitioner mixed system, to which it is now com­ 'See Interim Policy on VHP Television asserts that its own direct survey should mitted; that in the 1963 VHF “drop-in” be accorded weight, and, also, that there decisions short-spaced assignments with Channel Assignments (Docket 13340), 21 R.R. 1695 and 1709 (1961); Report on VHP has been no attempt to controvert its “equivalent protection” were rejected Drop-Ins, 25 R.R. 1687 (1963); Capital Cities assertion that UHF set ownership is very even in the major-market, two-station Broadcasting Corp., 24 R.R. 675 (1962); New low among the low-income populations situations; and that where such assgn- Orleans Television Corp., 24 R.R. 1113 (1963), ments have been permitted (e.g. Albany affirmed, Capitol Broadcasting Co. v. PCC, 7 It is pointed out that none of the opposi­ a.nd New Orleans) the decision clearly 324 F. 2d 402 (C.A.D.C., 1963). Western notes tions specifically questions the merit of pe­ limited the concept to the facts of those petitioner’s reference to the Reopened titioner’s “equivalent protection” proposal. situations and denied its general ap­ Springfield Deintermixture Case, 23 R.R. The only discussion of this in the oppositions plicability.5 W B N B makes similar argu­ 1579 (1962), in which we refused to reassign (aside from general statements as to past Channel 2 to Springfield, 111., so as to leave and present Commission policy) is MST’s ob­ ments, asserting that if the ETV devel­ that market all-UHF, and asserts that that opment were required to be UHF, it servation that even though equivalent pro­ case stands simply on its own facts and on tection is afforded, this means interference might well spark interest in and devel­ the Commission’s policy of encouraging UHF, where there would be none otherwise. opment of UH F in the Islands so that not for any general principle favoring “single 8 It is asserted that the proposal here does service” development. not fall within the principle of the VHF drop- «It is pointed out that petitioner’s esti­ in decision of 1963, which stressed the impe­ 4 It is asserted that on the basis of the mates of station capital costs did hot include tus to UHF which would come from requiring restricted operations proposed, all of the transmitter buildings, power lines, studios, Islands of St. Thomas and St. John would additional stations to be UHF in places where roads, etc.; it is stated that the total saving there is an immediate demand for additional oe within the predicted Grade A contour of from an arrangement involving one main tne channel 3 station at Charlotte Amalie; service, where there are not enough stations UHF station and two translators would thus to meet network requirements, and where an of st. Croix would be within the Grade A approach $150,000 compared to two VHP contour of Channel 12 at Christiansted. large numbers of people can be reached (25 stations. R.R. 1687, 1690-1691).

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 10378 PROPOSED RULE MAKING whom its ETV operation would particu­ in the area or such other action as may [ 47 CFR Part 83 ] larly benefit. Replying to W B N B in par­ be appropriate. [Docket No. 18884; PCC 70-642] ticular, Public Television asserts that 18. Pursuant to applicable procedures that station’s steps to activate trans­ set out in § 1.415 of the Commission’s RADIOTELEPHONE STATIONS lators were taken only after its officials rules, interested: parties may file com­ Principal Operating Position were informed by Government officials of ments on or before July 27, 1970, and their intention to seek Channels 3 and 12. reply comments on or before August 10, In the matter of amendment of Part It is also asserted that with commercial 1970. All such submissions by parties to 83 of the Commission’s rules to permit stations on both St. Thomas and St. this proceeding or by persons acting in the principal operating position of the Croix, commercial service is available behalf of such parties must be made in radiotelephone station to be located in throughout the Islands, and that if UHF written comments, reply comments, or a room adjoining to and opening into the is such a possibility W B N B -T V can use other appropriate pleadings. room from which the vessel is normally UHF translators. 19. In accordance with the provisions steered while at sea on cargo ships of C o n c l u s io n s of § 1.419 of the rules, an original and 14 300 gross tons and upwards but less than copies of all written comments, replies, 500 gross tons on which the keel was 13. After consideration of the petition pleadings, briefs, or other documents laid prior to January 1, 1965, RM 1598. and subsequent filings, and of past Com­ shall be furnished the Commission. 1. The Commission has been request­ mission actions in the TV allocation area, ed by 34 owner/operators of commercial as well as the particular circumstances Adopted: June 17, 1970. fishing vessels to amend § 83.482(d) of of this case, we are of the view that rule Released: June 19,1&70. the rules in a manner which will permit making on petitioner’s proposal is war­ the principal operating position of a radio F ederal C ommunications ranted. In reaching this conclusion, we telephone station to be located in a room C o m m is s io n * do not accept petitioner’s analysis of past adjoining to and opening into the room Commission actions as necessarily ap­ [ s e a l ] B e n F. W a p le , Secretary. from which the vessel is normally steered propriate in this situation, nor as neces­ while at sea. The present rule requires sarily germaine its statements as to thè [P.R. Doc. 70-8057; Piled, June 24, 1970; the principal operating position of the low extent of present UH F circulation 8:49 a.m.] radiotelephone station to be in the room in the Virgin Islands or the high cost of from which the vessel is normally steered an adequate UHF operation. However, t 47 CFR Part 73 1 while at sea. considering the possibility of better than 2. The petitioners have stated that [Docket No. 18859] “equivalent protection,” the apparent while the vessels could be physically need of the Virgin Islands for 'an edu­ OBLIGATIONS OF BROADCAST LI­ altered to permit the installation of the cational service of maximum effective­ CENSEES UNDER FAIRNESS DOCTRINE radiotelephone in the room from which ness at an early date, and the possibly the vessel is normally steered, the sta­ minimal impact on UH F development, Order Extending Time for Filing tion could not be installed in such a we are of the view that exploration of Comments and Reply Comments manner to insure safe and effective oper­ this matter is warranted in rule making. ation of the equipment, perform repairs 1. This proceeding was begun by 14. If the assignments are made, it will and be provided with adequate protec­ of course be appropriate to require a notice of inquiry and notice of proposed tion against the effects of vibration, rule making (FCC 70-507) adopted substantial degree of protection to the moisture and temperature. The peti­ Puerto Rico stations on Channels 3 and/ May 15, 1970, released May 18, 1970 and tioners state that this situation exists published in the F ederal R eg ister on or 12. Comments are requested on what because these vessels were not subject standard should be imposed in this re­ May 21, 1970 (35 FJt. 7820). The dates to § 83.482(d) of the Commission’s rules spect if the assignments are made. for filing comments and reply comments prior to 1965, which was applicable only 15. In addition, parties are requested are presently June 22, 1970, and July 6, to vessels of 500 gross tons or over. All to comment as to what extent use of VHF 1970, respectively. of petitioner’s vessels were constructed as opposed to UHF channels would per­ 2. On June 19, 1970, the Columbia prior to 1961 and are in excess of 300 mit the rendition of a more effective edu­ Broadcasting System, Inc., filed a re­ gross tons but less than 500 gross tons. cational television service in the Virgin quest to extend the date for filing com­ Thus, such vessels were not constructed Islands, now and in the near future. ments to June 29, 1970. Columbia with a view towards compliance with 16. The British Virgin Islands prob­ Broadcasting System, Inc., states that § 83.482(d) of the Commission’s rules. lem: As mentioned above, the Commis­ the extension is necessary to permit ade­ 3. The change to the Communications sion has been notified of the contem­ quate opportunity to formulate com­ Act of 1934, as amended, which lowered plated use of these two channels for tele­ ments in this “sensitive area.” the minimum tonnage for compulsory vision in the British Virgin Islands. The 3. It appears that the additional time Part II vessels from 500 to 300 gross tons Commission is concerned about this pro­ is warranted and Would serve the public caused the situation wherein many ves­ posal for reasons independent of the interest: Accordingly, it is ordered, That sels in the 300- to 500-gross-ton range present ETV assignment matter, i.e., the request filed by Columbia Broadcast­ are required to change the location of the the problem of an international nature ing System Inc. for extension of time principal operating position of the occasioned by the proposed British is granted to and including June 29,1970 radiotelephone installation from the use. Negotiations with the British are for filing comments, and to July 13,1970 chartroom to the bridge of the vessel. proceeding. for reply comments. During fishing operations at sea, the 17. In view of the foregoing, pursuant 4. This action is taken pursuant to au­ windows and doors located in the bridge to authority contained in sections 4(1), thority found in section 4(i), 303 (r) and are. left open to provide as much ship- 303(g) and (r) and 307(b) of the Com­ 315 of the Communications Act of 1934, voice communications, air ventilation, and crew movement as possible. They munications Act of 1934, as amended, as amended, and § 0.281 (d) (8) of the operate in tropical waters where the comments are invited on amending Commission’s rules and regulations. water temperature is 80 to 85 degrees § 73.606(b) of the Commission’s rules by Adopted: June 19,1970. and the vessels are not air conditioned. adding Channel 3 and Channel 12 to During the period June to October the Released: June 19,, 1970. Charlotte Amalie or Christiansted, V X , vessels operate in areas with variable or Channel 3 to Charlotte Amalie and [ s e a l ] G eorge S. S m it h , weather, tropical rainfalls, and hurri­ Chief, Broadcast Bureau. canes. Thus, the bridge area is exposed* Channel 12 to Christiansted (with no to considerable, moisture and variable other changes in the table.) This pro­ [P.R. Doc. 70-8058; Piled, June 24, 1970; * 8:50a.m.] outside and interior room temperatures. posal is specifically conditioned on agree­ The chartroom on the other hand, was ment with appropriate British author­ •Commissioner Cox absent; Commisipners deliberately designed to insure safety ities concerning the use of TV channels Bartley and Johnson concurring in the result. and effective use of the radio station.

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 PROPOSED RULE MAKING 10379

Repair of the radio station can be easily processes which may occur through the effected in the chartroom where there is FEDERAL POWER COMMISSION fear of parties that their contracts may more space available and less congestion be construed to require that they not than in the bridge. There is also a re­ [ 18 CFR Parts 1, 161 1 oppose applications for FPC approval, duced possibility of damage due to [Docket No. R-388] whether or not the application is, at the accidental bumping or contact by per­ time of hearing, in their best interest or sonnel oh watch or passing through the PROCEDURE IN MATTERS ON REFER­ that of the public, and believe that this bridge. ENCE FROM COURT; REJECTION abuse may require the rule here pro­ 4. Since numerous cargo ships with a OF RATE SCHEDULES OR CON­ posed to remedy it. gross tonnage of less than 500 gross tons, TRACTS CONTAINING PROVISIONS It is not clear that a mere rejection of and constructed before 1965, are now INHIBITING GOOD FAITH PRESEN­ future contracts containing provisions operating under a temporary waiver of .adverse to the public interest* will be an the Commission’s rules, and have there­ TATIONS adequate remedy since the problem may fore, not yet complied with the present Notice of Proposed Rule Making arise with respect to existing contracts. requirements of § 83.482(d), a waiver The issue of good faith of parties to our permitting the radiotelephone to be J u n e 18, 1970. proceedings is a highly complex one, located in the vessel’s chartroom instead Notice is hereby given, pursuant to 5 usually intertwined with the rather re­ of the room from which the vessel is U.S.C. 553,. that the Federal Power condite intricacies of the Natural Gas steered is hereby granted to the class of Commission proposes to amend Part 1 and Federal Power Acts. As such, that vessels specified in the proposed rule, of its general rules and to add a new issue is one over which this Commission pending final action in these proceedings. Part 161 of its regulations under the would ordinarily have primary jurisdic­ 5. The proposed amendments, as set Natural Gas Act, Chapter I, Title 18 of tion. To clarify this situation, we here forth below, are issued pursuant to the the Code of Federal Regulations, in the propose an amendment to our rules to authority contained in sections 4(i), 303 manner set forth below, to establish a explicitly accommodate referrals by a (f) and ( r ) , and 351 of the Communica­ procedure for the reference to the Com­ court of issues over which this Commis­ tions Act of 1934, as amended. mission of disputes concerning the good sion has primary jurisdiction, such as 6. Pursuant to the applicable proce­ faith vel non of presentations made in that of the good faith of a presentation dures set forth in § 1.415 of the Commis­ appearances before this Commission; before us. sion’s rules, interested parties may file and to provide for (1) the rejection by The proposed amendments to Part 1 comments on or before July 27,1970, and the Commission of contracts with provi­ of the Commission’s general rules and reply comments on or before August 6, sions, express or implied, which would the issuance of a new Part 161 of the 1970. All relevant and timely comments inhibit good faith advocacy of its views Commission’s regulations under the will be considered by the Commission and needs before this Commission by Natural Gas Act, would be issued under before taking final action in this pro­ any party thereto, and (2) the Com­ the authority, granted the Federal Power ceeding. In reaching its decision in this mission’s refusal to consider such Commission by the Natural Gas Act, proceeding, the Commission may also contracts submitted in support of appli­ particularly sections 4, 7, and 16 (52 Stat. take into consideration other relevant cation for certificates of public conven­ 822, 824, 825, 830; 56 Stat. 83, 84; 61 information before it, in addition to the ience and necessity, or for abandonment Stat. 459; 76 Stat. 72; 15 U.S.C. 717c, specific comments invited by this notce. authority. 717f, 717o). 7. In accordance with the provisions This Commission has been delegated Any interested person may submit to set forth in § 1.419 of the Commission’s the authority to act in certain areas to the Federal Power Commission, W ash­ rules, an original and 14 copies of all protect the public interest, not solely the ington, D.C. 20426, not later than July 20, statements, briefs, or comments shall be interests of the parties before it nor the 1970, data, views, comments, and sug­ furnished the Commission. interests established inter se by contrac­ gestions in writing, concerning the tual agreements. We are concerned that proposed amendments. An original and Adopted: June 17, 1970. the public interest is not served when, in 14 conformed copies should be filed Released: June 19, 1970. a proceeding before this Commission with the Commission. Submissions to seeking authorization for some action the Commission should indicate the F ederal C ommunications which we are by statute granted the name, address, and telephone num­ C o m m is s io n , power to permit, the position taken by ber of the person to whom correspond­ [ seal] B e n F. W a p l e , the parties may be governed by the ence in regard to the proposal should be Secretary. threat of litigation rather than by the addressed, and whether the person filing Section 83.482(d) is amended to read interests of the parties as they exist. them requests a conference at the Fed­ as follows: This is especially detrimental to the eral Power Commission to discuss the § 83.482 Radiotelephone station. public interest when circumstances of proposed amendments. The Commission the parties have changed drastically will consider all such written sub­ * * * * * since the contractual obligation which missions before acting on the proposed (d) The principal operating position is the basis of the threat was agreed to. amendments. of the radiotelephone station shall be in If a party to a proceeding before us is Accordingly, it is proposed to amend the room from which the vessel is inhibited from presenting to us the full Part i of the Commission’s general rules normally steered while at sea; Provided, facts available to it at the time of the and to add a new Part 161 to the Com­ That in installations on cargo ships of hearing through threat of liability for mission’s regulations under the Natural 300 gross tons and upwards but less than damages for breach of contract, the Gas Act, Chapter I, Title 18 of the Code 500 gross tons, on which the keel was laid public interest suffers and our processes of Federal Regulations in the manner prior to January 1, 1965, the location of are abused. set forth below: the principal operating controls may be W e believe that a contractual provi­ 1. In Part 1, immediately following in a room adjoining and opening into the sion inhibiting a party to a proceeding § 1.34 Application ,for rehearing, insert room from which the vessel is normally before us from presenting all the facts a new § 1.34a, which will read: steered while at sea. If the station can be available to it in a good faith effort to operated from any location other than achieve the result it believes necessary § 1.34a Matters on reference from a court— primary jurisdiction. the principal operating position, except and appropriate would be detrimental to as provided in paragraph (e) of this sec­ the public interest. Indeed, we would or­ (a) Any issue regarding the propri­ tion, a direct and positive means shall b e, dinarily consider that such a provision ety, good faith, or justification of any Provided at the principal operating posi­ would be void as against public interest, action taken before this Commission by tion to take full control of the station. and would strain to avoid an interpreta­ any party or intervenor is within the * • * * * * tion of contractual language which primary jurisdiction of this Commission. [P.R. Doc. 70-8059; Filed, June 24, 1970; would require that result. W e are con­ (b) When limited issues so involved 8:50 a.m.] cerned, however, about the abuse of our with the functions of this Commission

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 10380 PROPOSED RULE MAKING

as to give the Commission primary juris­ (Secs. 4, 7, 16 (52 Stat. 822, 824, 825, 830; 56 diction, such as those cited above, are Stat. 83, 84; 61 Stat. 459; 76 Stat. 72; 15 U.S.C. referred to the Commission by a court 717c, 717f, 717o)) of general or appellate jurisdiction, the The Secretary shall cause prompt pub­ issue shall be decided, on as expedited a lication of this notice to be made in the basis as possible consistent with the Com­ F ederal R e g ister . mission’s other functions, as if on appli­ By direction of the Commission. cation for declaratory order. The order of reference from the Court shall, upon G o r d o n M . G r a n t , filing with the Secretary, serve in place Secretary. of an application by the parties and all [F.R. Doc. 70-8006; Filed, June 24, 1970; parties to the Court action shall be given 8:45 a.m.l an opportunity to respond thereto. (Sec. 16, Natural Gas Act, 52 Stat. 830, 15 U.S.C. 717o; sec. 309, Federal Power Act, 49 Stat. 858, 16 U.S.C. 825h) INTERSTATE COMMERCE 2. Immediately following Part 160— COMMISSION Filing of Company Procurement Policies and Practices, add a new Part 161, which [ 49 CFR Part 1048 1 will read: [Ex Parte No. MC-30] PART 161— CONTRACT OR RATE CINCINNATI, OHIO, COMMERCIAL SCHEDULE PROVISIONS ZONE § 161.1 Rejection o f contracts or rate Redefinition of Limits schedules containing provisions in­ J u n e 18,1970. hibiting good faith presentations be­ fore the Commission. At the request of an interested person the time for filing representations in the Contracts or rate schedules executed above-entitled proceeding (35 F.R. 8594) on or after (date to be inserted) and filed has been extended to August 3, 1970. An in conformance with our regulations will original and seven copies of such data, be rejected and/or given no weight if views, or arguments shall be filed with they contain provisions, express or im­ the Commission. Each statement should plied, which purport to inhibit the include a statement of position with parties to the contract from good faith respect to the proposed revision, a copy presentation, on the record, to the Com­ thereof should be served upon petitioner’s mission of the facts available to them at representative, Norbert B. Flick, Execu­ the time of the FPC proceedings or if tive Building, Cincinnati, Ohio 45202.

the provisions purport to require the [ s e a l] H . N e il G a r s o n , parties to take a given position in Secretary. proceedings to be held before the [F.R. Doc. 70-8076; Filed, June 24, 1970; Commission. 8:51 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 10381 Notices

Signed at Washington, D.C., this 5th Signed at Washington, D.C., this 17th DEPARTMENT OF THE TREASURY day of June 1970. day of June 1970. Internal Revenue Service [ s e a l ] R a n d o l p h W . T h r o w e r , [ s e a l ] W i l l ia m H . S m it h , Commissioner of internal Revenue. Acting Commissioner THOMAS IRVIN BOYER [F.R. Doc. 70-8061; Filed, June 24, 1970; of Internal Revenue. Notice of Granting of Relief 8:50 a.Qi.] [F.R. Doc. 70-8062; Filed, June 24, 1970; 8:50 a.m.] Notice is hereby given that Thomas Irvin Boyer, 443 Bigley Road, Baltimore, GERALD WAYNE COOK WILLIAM D. EADS Md. 21227, has applied for relief from Notice of Granting of Relief disabilities imposed by Federal laws with Notice of Granting of Relief respect to the acquisition, receipt, trans­ Notice is hereby given that Gerald fer, shipment, or possession of firearms Wayne Cook, Post Office Box 624, Rolla, Notice is hereby given that Mr. William incurred by reason of his convictions on Mo., has applied for relief from dis­ D. Eads, Route 1, New Haven, Mo. 63068, December 19, 1953, in Juvenile Court, abilities imposed by Federal laws with has applied for relief from disabilities Hagerstown, Md., and on August 15,1956, respect to the acquisition, receipt, trans­ imposed by Federal laws with respect to in Magistrates Court, Frederick County, fer, shipment, or possession of firearms the acquisition, receipt, transfer, ship­ Md., of crimes punishable by imprison­ incurred by reason of his conviction on ment, or possession of firearms incurred ment for a term exceeding 1 year. Unless March 3, 1966, in the Phelps County by reason of his conviction on October 27, relief is granted, it will be unlawful for Circuit Court, Rolla, Mo., of a crime pun­ 1966, in the Gasconade County Court in Thomas Irvin Boyer because of such con­ ishable by imprisonment for a term ex­ Hermann, Mo., of a crime punishable by victions, to ship, transport, or receive in ceeding 1 year. Unless relief is granted, imprisonment for a term exceeding 1 interstate or foreign commerce any fire­ it will be unlawful for Gerald Wayne year. Unless relief is granted, it will be arm or ammunition, and he would be in­ Cook because of such conviction, to ship, unlawful for William D. Eads because eligible for a license under chapter 44, transport or receive in interstate or of such conviction, to ship, transport, title 18, United States Code, as a firearms foreign commerce any firearm or ammu­ or receive in interstate or foreign com­ or ammunition importer, manufacturer, nition, and he would be ineligible for a merce any firearm or ammunition, and dealer, or collector. In addition, under license under chapter 44, title 18, United he would be ineligible for a license under title V II of the Omnibus Crime Control States Code as a firearms or ammunition chapter 44, title 18, United States Code and Safe Streets Act of 1968, as amended importer, manufacturer, dealer or col­ as a firearms or ammunition importer, (82 Stat. 236; 18 U.S.C., appendix), be­ lector. In addition, under title V II of the manufacturer, dealer, or collector. In cause of such convictions, it would be Omnibus Crime Control and Safe Streets addition, under title V II of the Omnibus unlawful for Thomas Irvin Boyer to Act of 1968, as amended (82 Stat. 236; Crime Control, and Safe Streets Act of receive, possess, or transport in com­ 18 U.S.C., appendix), because of such 1968, as amended (82 Stat. 236; 18 U.S.C., merce or affecting commerce, any conviction, it would be unlawful for appendix), because of such conviction, it firearm. Gerald Wayne Cook to receive, possess, would be unlawful for William D. Eads Notice is hereby given that I have con­ or transport in commerce or affecting to receive, possess, or transport in com­ sidered Thomas Irvin Boyer’s application commerce, any firearm. merce or affecting commerce, any and: Notice is hereby given that I have con­ firearm. 1. I have found that the convictions sidered Gerald Wayne Cook’s application Notice is hereby given that I have were made upon charges which did not and: considered William D. Eads’ application involve the use of a firearm or other (1) I have found that the conviction and: weapon or a violation of chapter 44, title was made upon a charge which did not (1) I have found that the conviction 18, United States Code, or of the N a­ involve the use of a firearm or other was made upon a charge which did not tional Firearms Act; and weapon or a violation of chapter 44, title involve the use of a firearm or other 2. It has been established to my satis­ 18, United States Code, or of the National weapon or a violation of chapter 44, title faction that the circumstances regarding Firearms Act; and 18, United States Code, or of the National Firearms Act; and the convictions and the applicant’s rec­ (2) It has been established to my sat­ isfaction that the circumstances regard­ (2) It has been established to my sat­ ord and reputation are such that the ing the conviction and the applicant’s isfaction that the circumstances regard­ applicant will not be likely to act in a record and reputation are such that the ing the conviction and the applicant’s manner dangerous to public safety, and applicant will not be likely to act in a record and reputation are such that the that the granting of the relief would not manner dangerous to public safety, and applicant will not be likely to act in a be contrary to the public interest. that the granting of the relief would manner dangerous to public safety, and Therefore, pursuant to the authority not be contrary to the public interest. that the granting of the relief would not be contrary to the public interest. vested in the Secretary of the Treasury Therefore, pursuant to the authority vested in the Secretary of the Treasury Therefore, pursuant to the authority by section 925(c), title 18, United States by section 925(c), title 18, United States vested in the Secretary of the Treasury Code and delegated to me by 26 CFR Code and delegated to me by 26 CFR by section 925(c), title 18, United States 178.144: It is ordered, That Thomas Irvin 178.144: I t is ordered, That Gerald Code and delegated to me by 26 CFR Boyer be, and he hereby is, granted relief Wayne Cook be, and he hereby is, granted 178.144: It is ordered, That William D. from any and all disabilities imposed by relief from any and all disabilities im­ Eads be, and he hereby is, granted relief from any and all disabilities imposed by Federal laws with respect to the acqui­ posed by Federal laws with respect to Federal laws with respect to the acquisi­ sition, receipt, transfer, shipment, or the acquisition, receipt, transfer, ship­ tion, receipt, transfer, shipment, or Possession of firearms and incurred by ment, or possession of firearms and in­ possession of firearms and incurred by reason of the convictions hereinabove curred by reason of the conviction reason of the conviction hereinabove described. hereinabove described. described.

FEDERAL REGISTER, VOL. 35, NÒ. 123— THURSDAY, JUNE 25, 1970 10382 NOTICES

Signed at Washington, D.C., this 11th ROBERT PAUL OTTO N.Y. 12051, has applied for relief from day of June 1970. Notice of Granting of Relief disabilities imposed by Federal laws with [ seal] R andolph W . T hrower, respect to the acquisition, receipt, trans­ Commissioner of Internal Revenue. Notice is hereby given that Robert fer, shipment, or possession of firerams incurred by reason of his conviction on [P.R. Doc. 70-8063; Piled, June 24, 1970; Paul Otto, 21653 Bennett, Detroit, Mich., January 24,1933, in Greene County, N.Y., 8:50 a.m.] has applied for relief from disabilities imposed by Federal laws with respect to of a crime punishable- by imprisonment the acquisition, receipt, transfer, ship­ for a term exceeding 1 year. Unless relief WILLIE HICKS ment, or possession of firearms incurred is granted, it will be unlawful for Mr. by reason of his conviction on October 10, Sacco because of such conviction, to ship, Notice of Granting of Relief 1949, in the . Court of Common Pleas, transport or receive in interstate or for­ Criminal Division, Ebensburg, County of eign commerce any firearm or ammuni­ Notice is hereby given that Willie Cambria, Pa., of a crime punishable by tion and he would be ineligible for a li­ Hicks, 1011 Tennessee Avenue, Detroit, imprisonment for a term exceeding 1 cense under chapter 44, title 18, United Mich., has applied for relief from dis­ year. Unless relief is granted, it will be States Code as a firearms or ammunition abilities imposed by Federal laws with unlawful for Robert Paul Otto because importer, manufacturer, dealer or collec­ respect to the acquisition, receipt, trans­ of such conviction, to ship, transport or tor. In addition, under title V II of the fer, shipment, or possession of firearms receive in interstate or foreign commerce Omnibus Crime Control and Safe Streets incurred by reason of his conviction on any firearm or ammunition, and he Act of 1968, as amended (82 Stat. 236; February 12, 1952, in the. United States would be ineligible for a license under 18 U.S.C., appendix), because of such District Court for the Northern District chapter 44, title 18, United States Code conviction, it would be unlawful for Mr. of Ohio of a crime punishable by im­ as a firearms or ammunition importer, Sacco to receive, possess, or transport in prisonment for a term exceeding 1 year. manufacturer, dealer or collector. In commerce or affecting commerce, any Unless relief is granted, it will be unlaw­ addition, under title v n of the Omnibus firearm. ful for Willie Hicks because of such con­ Crime Control and Safe Streets Act of Notice is hereby given that I have con­ viction, to ship, transport or receive in 1968, as amended (82 Stat. 236; 18 U.S.C., sidered Nicholas Douglas Sacco’s appli­ interstate or foreign commerce any fire­ appendix), because of such conviction, cation and: arm or ammunition, and he would be it would be unlawful for Robert Paul (1) I have found that the conviction ineligible for a license under chapter 44, Otto to receive, possess, or transport in was made upon a charge which did not title 18, United States Code as a firearms commerce or affecting commerce, any involve the use of a firearm or other or ammunition importer, manufacturer, firearm. weapon or a violation of chapter 44, dealer or collector. In addition, under Notice is hereby given that I have con­ title 18, United States Code, or of the title V H of the Omnibus Crime Control sidered Robert Paul Otto’s application National Firearms Act; and and Safe Streets Act of 1968, as amended and: (2) It has been established to my sat­ (82 Stat. 236; 18 U.S.C., appendix), be­ (1) I have found that the conviction isfaction that the circumstances regard­ cause of such conviction, it would be was made upon a charge which did not ing the conviction and the applicant’s unlawful for Willie Hicks to receive, pos­ involve the use of a firearm or other record and reputation are such that the sess, or transport in commerce or affect­ weapon or a violation of chapter 44, title applicant will not be likely to act in a ing commerce, any firearm. 18, United States Code, or of the N a­ manner dangerous to public safety, and Notice is hereby given that I have con­ tional Firearms Act; and that the granting of the relief would not sidered Willie Hicks’ application and : (2) It has been established to my be contrary to the public interest. (1) I have found that the conviction satisfaction that the circumstances re­ Therefore, pursuant to the authority was made upon a charge which did not garding the conviction and the appli­ vested in the Secretary of the Treasury involve the use of a firearm or other cant’s record and reputation are such by section 925(c), title 18, United States weapon or a violation of chapter 44, title that the applicant will not be likely to Code and delegated to me by 26 CFR 18, United States Code, or of the National act in a manner dangerous to public 178.144: It is ordered, That Mr. Sacco be, Firearms Act; and safety, and that the granting of the relief and he hereby is, granted relief from any (2) It has been established to my would not be contrary to the public and all disabilities imposed by Federal satisfaction that the circumstances re­ interest. laws with respect to the acquisition, garding the conviction and the appli­ Therefore, pursuant to the authority receipt, transfer, shipment, or possession cant’s record and reputation are such vested in the Secretary of the Treasury of firearms and incurred by reason of the that the applicant will not be likely to by section 925(c), title 18, United States conviction hereinabove described. act in a manner dangerous to public Code and delegated to me by 26 CFR Signed at Washington, D.C., this 12th safety, and that the granting of the relief 178.144: It is ordered, That Robert Paul day of June 1970. would not be contrary to the public Otto be, and he hereby is, granted relief [ seal] R andolph W. T hrower, from any and all disabilities imposed by interest. Commissioner of Internal Revenue. Therefore, pursuant to the authority Federal laws with respect to the acquisi­ vested in the Secretary of the Treasury tion, receipt, transfer, shipment, or pos­ [F.R. Doc. 70-8066; Filed, June 24, 1970; by section 925(c), title 18, United States session of firearms and incurred by '8:50 a.m.] Code and delegated to me by 26 CFR reason of the conviction hereinabove 178.144: I t is ordered. That Willie Hicks described. be, and he hereby is, granted relief from Signed at Washington, D.C., this 11th any and all disabilities imposed by Fed­ day of June 1970. DEPARTMENT OF DEFENSE eral laws with respect to the acquisition, [ seal] . R andolph W . T hrower, Department of the Army receipt, transfer, shipment, or possession Commissioner of Internal Revenue. MONROE RESERVOIR AND CANNEL- of firearms and incurred by reason of the [F.R. Doc. 70-8065; Filed, June 24, 1970; TON LOCKS AND DAM, INDIANA conviction hereinabove described. 8:50 a.m.] Signed at Washington, D.C., this 12th Joint Order Interchanging Administra­ day of June 1970. tive Jurisdiction of Department of NICHOLAS DOUGLAS SACCO the Army Lands and National Forest [ seal] R andolph W . T hrower, Commissioner of Internal Revenue. Notice of Granting of Relief Lands [F.R. Doc. 70-8064; Filed, June 24, 1970; Notice is hereby given that Nicholas By virtue of the authority vested in 8:50 a.m.] Douglas Sacco, Route 385, Coxsackie, the Secretary of Agriculture and the

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 NOTICES 10383

Secretary of the Army by the Act of Segment 20: Tracts 2007, 2009, 2010, 2011, Beaver Creek Consolidated Coal Co. July 26,1956 (70 Stat. 656; 16 U.S.C. 505a, 2012, 2013, 2014, 2015, 2016. Bell & Zoller Coal Co. 505b) it is ordered as follows: Segment 21: Tract 2112. Beth-Elkhorn Corp. Segment 22 : Tracts 2206, 2208, 2209. Bethlehem Mines Corp. (1) The lands under the jurisdiction Segment 23: Tracts 2300-1, 2311, 2312, 2313, Bishop Coal Co. of the Department of the Army described 2314, 2326. Buckeye Coal Co. in Exhibit A, attached hereto and made a Segment 24: Tract 2402. C F & I Steel Corp. part hereof, which lands are within and Segment 25: Tract 2511. Cannelton Coal Co. adjacent to the exterior boundaries of Segment 30: Tracts 3000, 3001. Christopher Coal Co. Clinchileld Coal Co. the Hoosier National Forest, Ind., are The lands transferred hereby contain 1,518 Coal Processing Corp. acres more or less. hereby transferred from the jurisdic­ Consolidation Coal Co. (2) All the land in a certain track acquired tion of the Secretary pf the Army to the Eastern Associated Coal Corp. jurisdiction of the Secretary of Agricul­ by tiie Department of the Army in connec­ Enos Coal Corp. tion with the Cannelton Locks and Dam, ture, subject to outstanding rights or in­ Freeman Coal Mining Corp. terests of record and to such continued Ohio River Project, described as follows: Gateway Coal Co. use by the Corps of Engineers as is neces­ Segment 25 : Tract 2506. Harmar Coal Co. Howe Coal Co. sary for the protection and unrestricted The lands transferred hereby contain 38.35 operation, maintenance, and adminis­ Inland Steel Co. acres more or less. Island Creek Coal Co. tration of the water storage, public Legal descriptions of the transferred tracts Itmann Coal Co. health and safety, and flood control fa­ and Real Estate Segment Maps depicting Jewell Ridge Coal Corp. cilities and functions of the Monroe Res- their location are on file in the Office of the Jones & Laughlin Steel Corp. servoir, Salt Creek, and Cannelton District Engineer,' U.S. Army Engineer Dis­ Kentland-Elkhorn Coal Corp. trict, Louisville, Ky„ and the office of the Kings Station Coal Corp. Locks and Dam, Ohio River, both in the Forest Supervisor, Hoosier National Forest, State of Indiana. Mohawk Mining Co. Bedford, Ind. National Coal Mining Co. (2) The National Forest lands de­ Exhibit B National Mines Corp. scribed in Exhibit B, attached hereto and lands transferred from the secretary of North American Coal Corp. made a part hereof, which are a part of AGRICULTURE TO THE SECRETARY OF THE ARMY Old Ben Coal Corp. Olga Coal Co. the Hoosier National Forest, Ind., are All lands under the jurisdiction of the U.S. Omar Mining Co. hereby transferred from the jurisdiction Department of Agriculture within the Project Peabody Coal Co.. of the Secretary of Agriculture to the boundary of the Monroe Reservoir in Monrpe PikeviUe Coal Co. Secretary of the Army, subject to inter­ and Brown Counties, State of Indiana, which Republic Steel Corp. lie below elevation 538 feet and two tracts ests outstanding in third parties and such Rochester & Pittsburgh Coal Co. that lie below elevation 560 feet all more reasonable use by the Forest Service as is Sewell Coal Co. particularly described as follows: necessary to discharge its responsibilities Slab Fork Coal Co. for protection and administration of the Segment 4: Tracts A l, A2, A3. United Electric Coal Cos. Hoosier National Forest. Segment 7: Tracts A5, A6 (land below eleva­ United States Steel Corp. Pursuant to section 2 of the aforesaid tion 560 feet) ; and Tract A56. Westmoreland Coal Co. Segment 8: Tract A55 (land below elevation Wheeling-Pittsburgh Steel Corp. Act of July 26, 1956, the National Forest 560 fe et). Youngstown Mines Corp. lands transferred to the Secretary of the Segment 9 : Tracts A49, A52, A54. Zeigler Coal & Coke Co. Army by this order are hereafter sub­ Segment 10 : Tracts A7, A8. Central Pennsylvania Coal Producers’ As­ ject only to laws applicable to Depart­ Segment 11: Tracts A12, A13, A14. sociation. ment of the Army lands comprising the Segment 13: Tract A43. Northern Panhandle of West Virginia Coal Monroe Reservoir project. The Depart­ Segment 20: Tracts A16, A17, A18, A19. Operators Association. ment of the Army lands transferred to Segment 21 : Tract A41. Northern West Virginia Coal Association. Ohio Coal Association. the Secretary of Agriculture by this or­ Segment 22 : Tracts A23, A24. Segment 23 : Tract A60. Southern Coal Producers’ Association. der are hereafter subject to the laws ap­ Western Pennsylvania Coal Operators plicable to lands acquired under the Act The lands transferred hereby contain 826 Association. of March 1, 1911 (36 Stat. 961), as acres, more or less. Legal descriptions of the amended. transferred tracts and Real Estate Segment Petitioner proposes to modify section Maps depicting their location are on file in 303(b) of the Act so as to provide that: This order will be effective as of date the office of the District Engineer, U.S. Army of publication in the F ederal R egister. Engineering District, Louisville, Ky., and the [t]he minimum quantity of air in any coal office of the Forest Supervisor, Hoosier Na­ mine reaching each working face at which S tanley R. R esor, tional Forest, Bedford, Ind. coal is currently in the process of being ex­ Secretary of the Army. tracted shall be three thousand cubic feet [F.R. Doc. 70-8073; Filed, June 24, 1970; a minute Clifford M. H ardin, 8:51 a.m.] Secretary of Agriculture. A copy of the petition is available for Exhibit A inspection in the Offices of the Board of Mine Operations Appeals, Washing­ LAND TRANSFERRED from the secretary of the ton, D.C. army to the secretary of agriculture DEPARTMENT OF THE INTERIOR B oard of M ine O perations 1. All or part of the land in certain tracts Board of Mine Operations Appeals A ppeals, Required by the Department of the Army in C. E. R ogers, Jr., connection with the Monroe Reservoir on [Docket No. M 70-1] Chairman. Salt Creek, in the counties of Monroe, Brown, and Jackson, State of Indiana, which lies ARMCO STEEL CORP. ET AL. June 18, 1970. above the pool elevation of 538 feet, [F.R. Doc. 70-8026; Filed, June 24, 1970; described as follows: Petition for Modification of Interim Mandatory Safety Standard 8:47 a.m.] Segment 3: Tracts 327-1, 328, 329, 330, 333. Segment 4: Tracts 400, 401, 402, 403, 406, 409, In accordance with the provisions of 410, 417, 418, 419, 420, 421. section 301(c) of the Federal Coal Mine [Docket No. N 70-199] Segment 5: Tracts 540-1, 540-2, 542, 545. Health and Safety Act of 1969 (83 Stat. Segment 7: Tract 718. KENTUCKY CARBON CORP. Segment 9: Tract 900. 742, et seq., Public Law 91-173) notice is Segment 10: Tract 1023. hereby given of the filing of a petition Petition for Modification of Safety Segment 1 1 : Tracts 1100, 1101, 1102, 1103, to modify the application of section 303 Standard H04, 1105, 1109. (b) of the Act as to all coal mines of Segment 12: Tracts 1202, 1203, 1207, 1210, In accordance with- the provisions of 1211, 1213-1, 1214, 1220, 1221, 1222, 1223, the following petitioners: section 301(c) of the Federal Coal Mine 1224. Armco Steel Corp. Health and Safety Act of 1969 (83 Stat. Segment 13: Tracts 1316, 1316-2. Amherst Coal Co. 742, et seq., Public Law 91-173) notice is Segment 19: Tracts 1905-1, 1905-2, 1908-2. Beatrice Pocahontas Co. hereby given of the filing by the

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 10384 NOTICES

Kentucky Carbon Corp. of a petition to ited to beer, wine, whiskey, etc., may be sold the intent of this ordinance are hereby modify the application of section 303(b) on Rocky Boy’s Reservation in accord­ repealed. of the Act as it applies to a bituminous ance with the following provisions and Be it further ordained, that the Chairman restrictions: coal mine at Phelps, Pike County, Ky. and Secretary of the Business Committee 1. Under this ordinance only one (1) out­ are authorized to execute any document or Petitioner proposes to modify section let for the sale of alcoholic beverages includ­ application pursuant to this ordinance for 303(b) of the Act so as to provide that: ing beer, wine, whiskey, etc., shall be author­ the Tribe. A working face means any place in a coal ized for consumption on-premises and/or Be it further ordained, that the question mine in which miners are actively engaged in off-premises subject to the laws of the State “Shall the sale of beer be permitted for con­ the work of extracting coal from its natural of Montana where applicable; the Federal sumption ‘off-premises’ at the two existing deposit in the earth or in securing roof and Government, where applicable; and the Chip­ Indian owned and operated businesses on ribs, and includes a single entry or room and pewa Cree Tribe. Said outlet shall be oper­ Rocky Boy’s Reservation?” be placed before the crosscut under development to connect ated only under license provided and owned the voters at the next general election of with an adjacent parallel entry or room. by the Chippewa Cree Tribe which may be the Chippewa Cree Tribe to be held on the assigned to a vendor or managed by the last Saturday in June 1970. A copy of the petition is available for tribe, such rules and regulations as follows inspection in the Offices of the Board of shall apply to any party dispensing such G eorge Scott, Mine Operations Appeals, Washington, alcoholic beverages. Acting Associate Commissioner D.C. 2. Under this ordinance above described of Indian Affairs. license for sale of alcoholic beverages may B oard of M ine Operations [F.R. Doc. 70-8022; Filed, June 24, 1970; be operated within the confines of that part 8:47 ajn .] A ppeals of the reservation which lies in Township 28 C. E. R ogers, Jr., North, Range 16 East of the Montana Merid­ Chairman. ian and more specifically shall be confined Bureau of Land Management June 18,1970. ' within the boundaries of the tribe’s outdoor recreation area when such boundaries are [S 581] [F.R. Doc. 70-8027; Filed, June 24, 1970; established. 8:47 a.m.] 3. Any operator of an establishment sell­ CALIFORNIA ing beer, wine, whiskey, etc., whether as an assignee of the tribal license or employed by Proposed Amendment to Final Classi­ Bureau of Indian Affairs the tribe to operate such establishment shall fication of Public Land for Multiple- abide by and/or be responsible for the fol­ Use Management ROCKY BOY’S RESERVATION, MONT. lowing provisions of this ordinance: Ordinance Legalizing the Introduction, A. All laws governing the sale of alcoholic The notice appearing in F.R. Doc. 68- beverages in the State of Montana shall apply 143, pages 156 and 157 of the issue of Sale, or Possession of Intoxicants in the sale of alcoholic (intoxicating) bev­ January 5, 1968, is proposed to be erages on Rocky Boy’s Reservation, and State June 16, 1970. changed as follows: Liquor inspection shall have full and com­ Paragraph 4: Add the following de­ In accordance with authority dele­ plete access of the reservation to support gated by the Secretary of the Interior to such laws and regulations. scribed lands to provide for their segre­ the Commissioner of Indian Affairs by B. Vendors of alcoholic (intoxicating) bev­ gation from the mining laws but not the 230 DM 2, and in accordance with the erages shall be prohibited on Rocky Boy’s mineral leasing laws, totaling approx­ Act of August 15, 1953, Public Law 277, Reservation from selling beer, wine, whiskey, imately 360.55 acres of public lands: 83d Congress, 1st Session (67 Stat. 586), etc., on credit and shall not engage in pawn­ Mount Diablo Meridian, California broking, taking items in hock, lending money I certify that the following ordinance or in any other activity which is designed to SHASTA COUNTY relating to the application of the Federal permit an Indigent person, or any, customer Indian Liquor Laws on the Rocky Boy’s T. 34 N„ R. 6 W., from buying such products in his establish­ Sec. 31, lots 5 to 16, inclusive (SVfc. SV& Reservation, Mont., was adopted on Feb­ ment. All sales of alcoholic (intoxicating) Si/2N%). ruary 27, 1970, by the Business Commit­ beverages shall be on a cash basis. tee of the Chippewa Cree Tribe, which C. Vendors of alcoholic (intoxicating) bev­ These lands have high recreational value has jurisdiction over the area of Indian erages shall be responsible for maintaining suitable for development into a public order on their premises; to prohibit Intoxi­ country included in the ordinance, read­ use and campground area. The lands are, cated persons from purchasing beer, wine, nonmineral in character. ing as follows: whiskey, etc., to assure that no sale of Public comments and the record of the Whereas, Public Law 277, 83rd Congress, alcoholic (intoxicating) beverages is made to approved August 15, 1953, provides that sec­ a minor person; to prohibit consumption of public hearing held at Redding, Calif., tions 1154, 1156, 3113, 3488, and 3618 of title beer, wine, whiskey, etc., on his business on October 25, 1967, are on record in the 18, United States Code, commonly referred premises purchased for off-premises con­ Redding District Office. to as the Federal Indian Liquor Laws, shall sumption; and to prohibit loud, boisterous, For a period of 60 days from the date not apply to any act or transaction within lascivious, and profane language; to prohibit of publication of this notice of proposed , any area of Indian country provided such act begging or soliciting for drinks; to prohibit amendment in the F ederal R egister, all or transaction is in conformity with both the fighting or threatening to fight on the prem­ persons who wish to submit comments, ises; and to prohibit any violation of the laws of the State in which such act or trans­ suggestions, or objections in connection action occurs and with an ordinance duly Tribal Law and Order Code by any person adopted by the Tribe having jurisdiction on his premises to the best of his ability. with the proposed segregation may pre­ over such area of Indian country, certified D. The vendor/operator shall be solely sent their views in writing to the Redding by the Secretary of the Interior, and pub­ responsible to assure that any person is of District Manager, Bureau of Land Man­ lished in the Federal Register, and legal age to purchase alcoholic (intoxicating) agement, 2460 Athens Avenue, Redding, Whereas, Ordnance 1-54 enacted Novem­ beverages on Rocky Boy’s Reservation. Calif. 96001. ber 23, 1953, of the Rocky Boy’s Business 4. Any operator of an establishment sell­ A public hearing will be held if Committee relating to the application of the ing beer, wine, whiskey, etc., shall post a sufficient interest is shown. Federal Indian Liquor Laws on the Rocky $500 cash bond with the Tribe which shall Boy’s Reservation permitted the introduction be forfeited if the operator or an employee For the State Director. and possession of intoxicating liquor on the under his supervision does violate any of reservation but did not permit the sale of the above provisions. R ichard L. T hompson, the same and, 5. The Law and Order Subcommittee of District Manager. Whereas, it is now desired that these rules the Chippewa Cree Tribe shall meet quar­ [F.R. Doc. 70-8023; Filed, June 24, 1970; and regulations be modified to permit the sale terly during the year, and at any other time 8:47 a.m.[ of intoxicating liquor in addition to the use, necessary, to review the effects of liquor sales introduction, and possession, on the reservation and the conduct of the Therefore be it ordained, that the intro­ vendors, and to recommend action by the CALIFORNIA duction, sale or possession of intoxicating Business Committee to further or amend Notice of Proposed Withdrawal and beverages shall be lawful within the Indian existing laws regarding such activity. country under the jurisdiction of the Chip­ Be it further ordained, that this ordinance Reservation of Lands pewa Cree Tribe, provided, that such intro­ shall become effective upon certification of n June 17,1970. duction, sale or possession is in conformity the Secretary of the Interior and publication with the laws of the State of Montana. in the Federal Register, and that any ordi­ The Forest Service, U.S. Department Be it further ordained, that alcoholic (in­ nances, laws or resolutions previously en­ of Agriculture, has filed an application, toxicating) beverages including but not lim­ acted which differ or are not consistent with Serial No. S3741, for the withdrawal of

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 NOTICES 10385

the lands described below, subject to [M 063641] Principal Meridian, M ontana valid existing rights, from prospecting, ALKALI PLANNING UNIT (0133) location, entry and patenting only (30 MONTANA U.S.C., ch. 2) under the mining laws but T. 26 N., R. 26 E., Notice of Termination of Proposed Sec. 2, lot 3; not from leasing under the mineral leas­ Withdrawal and Reservation of ing laws. The applicant desires the land Sec. 22, lot 1; Lands sec. 23, si/2sy2; for the development of an outdoor botan­ Sec. 27, lots 1,2, and 4. June 16,1970. ical laboratory for scientific and educa­ T. 27 N., R. 26 E., tional purposes. The botanical area is of Notice of a Department of the Air Sec. 35, lot 4. particular interest to students, profes­ Force application, M 063641, for with­ sionals, and other naturalists for special drawal and reservation of lands for mili­ The public lands described above ag­ studies as well as to the general public tary purposes, was published as F.R. Doc. gregate approximately 230.97 acres. as an unusual and attractive recreational No. 64-2337, on page 3245 of the issue The record showing the comments re­ area. Surface disturbance of the land by for March 11,1964. The applicant agency ceived and other information is on file mining locations would be adverse to has canceled its application insofar as it and can be examined in the Malta Dis­ the plant groups particularly signifi­ affects the following described lands in trict Office, Malta, Mont. cant because of occurrence, habitat, the F ederal R egister publication re­ 4. Public lands affected by this clas­ . arrangement, rarity, and ecology. ferred to above. Therefore, pursuant to sification are located within the following For a period of 30 days from the date the regulations contained in 43 CFR, described areas and are shown on the of publication of this notice, all persons Part 2311, such lands at 10 a.m. on Phillips-Blaine County classification who wish to submit comments, sugges­ July 15, 1970, will be relieved of the map, which is on file in the Malta Dis­ tions, or objections in connection with segregative effect of the above-mentioned trict Office, Malta, Mont. 59538, and the the proposed withdrawal may present application: Land Office, Bureau of Land Manage­ their views in writing to the undersigned Principal Meridian, Montana ment, 316 North 26th Street, Billings, officer of the Bureau of Land Manage­ Mont. 59101. ment, U.S. Department of the Interior, T. 21 N., R. 2 W., Room E—2807, Federal Office Building, Sec. 14, NWi4NWi/4NWy4, N^SW ^NW ti The overall description of the area is NW&. 2800 Cottage Way, Sacramento, Calif. as follows: 95825. The area described contains 15 acres. Principal Meridian, M ontana The Department’s regulations (43 CFR Parker N. D avies, (A) 2311.1-3(c)) provide that the authorized officer of the Bureau of Land Manage­ Acting Land Office Manager. WHITEWATER PLANNING UNIT (0104) ment will undertake such investigations [F.R. Doc. 70-8021; Filed, June 24, 1970; T. 31 N., R. 29 E., as are necessary to determine the exist­ 8:47 a.m.] Secs. 1 to 5, inclusive; ing and potential demand for the lands Secs. 9 to 16, inclusive; Secs. 21 to 28, inclusive; and their resources. He will also under­ [Montana 12993] take negotiations with the applicant Secs. 33 to 36, inclusive. MONTANA T. 31 N., R. 30 E., agency with the view of adjusting the Secs. 1 to 12, inclusive; application to reduce the area to the Notice of Classification of Public Lands Secs. 16 to 18, inclusive. minimum essential to meet the appli­ T. 31 N., R. 31 E., cant’s needs, to provide for the maximum for Multiple-Use Management Secs. 5 and 6. T. 32 N., R. 29 E., concurrent utilization of the lands for June 19,1970. purposes other than the applicant’s, and Secs. 1 to 5, inclusive;. 1. Pursuant to the Act of September to reach agreement on the concurrent Secs. 8 to 17, inclusive; 19,1964 (43 U.S.C. 1411-18) and the reg­ Secs. 20 to 29, inclusive; management of the lands and their ulations in 43 CFR Parts 2410 and 2411, Secs. 32 to 36, inclusive. resources. the public lands described in paragraph T. 32 N„ R. 30 E. The authorized officer will also prepare 4 are hereby classified for multiple-use T. 32 N„ R. 31 E., a report for consideration by the Secre­ management. As used herein “public Secs. 1 to 11, inclusive; tary of the Interior who will determine Secs. 14 to 23, inclusive; lands” means any lands withdrawn or Secs. 29 to 32, inclusive. whether or not the lands will be with­ reserved by Executive Order No. 6910 of drawn as requested by the applicant T. 33 N„ R. 27 E., agency. November 26,1934, as amended, or within Secs. 1 to 4, inclusive; a grazing district established pursuant to Secs. 9 to 13, inclusive; The determination of the Secretary the Act of June 28, 1934 (48 Stat. 1269), Sec. 14, Ny2; on the application will be published in as amended, which are not otherwise Sec. 15, NE}4- the Federal R egister, a separate notice withdrawn or reserved for a Federal use T. 33 N„ R. 28 E., will be sent to each interested party of or purpose. Secs. 1 to 18, inclusive; record. Sec. 24. 2. Publication of this notice has the T. 33 N„ R. 29 E., If circumstances warrant, a public effect of segregating the lands described Secs. 13 to 36, inclusive. hearing will be held at a convenient time in paragraph 4 of this notice from ap­ T. 33 N„ R. 30 E., and place, which will be announced. propriation under the agricultural land Secs. 12 and 13; The lands involved in the application laws (43 U.S.C. Parts 7 and 9; 25 U.S.C. Secs. 19 to 36, inclusive. are: T. 33 N., R. 31 E. sec. 334), and from sales under section Mount Diablo Meridian T. 33 N„ R. 32 E„ 2455 of the Revised Statutes (43 U.S.C. Secs. 2 to 11, inclusive; LOS PADRES NATIONAL FOREST 1171). The lands shall remain open to Secs. 14 to 23, inclusive; Cuesta Ridge Botanical Area all other applicable forms of appropria­ Secs. 30 and 31. T. 29 S., R.t 12 E., tion, including the mining laws and the T. 34 N., R. 26 E., Sec. 26, S% SW i4; mineral leasing laws. Secs. 1 to 3, inclusive; Sec. 27, lots 3, 4, 5, and 7 to 14 inclusive: 3. Comments were received following Secs. 10 to 15, inclusive; Secs. 22 to 25, inclusive. Sec. 28, S%NE%., and SWA; publication of the notice of proposed clas­ Sec. 34, lots 1,2, 7, 8, and 9; T. 34 N„ R. 27 E., Sec. 35, W%NE%, NW%, and N^SW%. sification in the Federal R egister (35 Secs. 1 to 30, inclusive; F.R. 5562) on April 3, 1970, and at the Secs. 33 to 36, inclusive. The area described aggregates ap­ T. 34 N„ R. 28 E. proximately 1,334 acres in San Luis public hearing held on May 19, 1970. As T. 34 N„ R. 29 E., Obispo County. a result of the comments and subsequent Secs. 6 and 7; Sec. 18, and S W ^ ; review of the proposed classification, the Elizabeth H. M idtby, Sec. 19, Wi/2; , Chief, following lands are hereby deleted from Sec. 30, lots 1 and 2, and E % N W % . Lands Adjudication Section. the classification; and the segregation T. 34 N.,R. 31 E„ Secs. 1 to 3, inclusive; [P R . Doc. 70-8024: Filed, June 24, 1970; effect of the notice of proposed classifica­ . Secs. 10 to 15, inclusive; 8:47 a.m.] tion is hereby terminated. Secs. 22 to 36, inclusive.

x . FEDERAL REGISTER, V O L 35, NO. 123— THURSDAY, JUNE 5, 1970 10386 NOTICES

T. 34 N., R. 32 E., T. 26 N., Rs. 29 to 33 E., inclusive. The public lands described above ag­ Secs. 3 to 10, inclusive; T. 27 N., R. 28 E., gregate approximately 274,745 acres. Secs! 15 to 22, inclusive; Sec-1; Secs. 27 to 35, inclusive. Secs. 10 to 15, inclusive; (D) T. 35 N., R., 26 E., Secs. 22 to 27, inclusive; LITTLE ROCKIES PLANNING UNIT (0108) Secs. 25 to 27, inclusive; Secs. 35 and 36. T. 25 N., R. 24 E„ Secs. 34 to 36, inclusive. T. 27 N„ R. 29 E. Secs. 1 and 2; T. 35 N., R. 27 E., T. 27 N., R. 30 E„ Secs. 3 and 10, portions lying east of Port Secs. 1 and 2; Sec. 3, Wi/2; Belknap Indian Reservation; Secs. 11 to 15, inclusive; Secs. 4 to 36, inclusive. Secs. 11 to 14, inclusive; Secs. 22 to 28, inclusive; T. 27 N„ R. 31 E„ Secs. 15 to 17, inclusive, portions lying Sec. 32, E y2\ Secs. 1 to 3, inclusive; south and east of Port Belknap Indian Secs. 33 to 36, inclusive. Sec. 4, Ei/2; Reservation; T. 35 N., R. 28 E., Secs. 7 to 36, inclusive. Sec. 6; T. 27 N., Rs. 32, and 33 E. Secs. 21 to 28, inclusive; Sec. 29, Sy2; T. 28 N„ R. 28 E„ Sec. 32, Ei/2NE%; Secs. 30 to 35, inclusive. Secs. 13, 24, 25, and 36. Sec. 33, Ny2; T. 35 N., R. 29 E., T. 28 N„ R. 29 E„ Sec. 34, Ny2 ; Secs. 1 to 5, inclusive; Secs. 1 and 2; Sec. 35 Ny2; Sec. 6, lots 1, 2, 3, and 4; Sec. 3, Ei/2; Sec. 36, Ni/2. Secs. 10 and 11; Sec. 10, Ey2; T. 25 N., R. 25 E„ Sec. 14; Secs. 11 to 36, inclusive. Secs. 2 and 3, portions lying west of Fort Sec. 15. T. 28 N„ R. 30 E„ Belknap Indian Reservation; T. 35 N., R. 30 E., Secs. 5 to 8, inclusive; Secs. 4 to 9, inclusive; Secs. 1 to 6, inclusive; Secs. 17 to 20, inclusive; Secs. 10 and 15, portions lying west of Port Secs. 10 to 15,'inclusive; Secs. 29 to 32, inclusive. Belknap Indian Reservation; Secs. 22 to 24, inclusive. T.28N., R. 32 E„ Secs. 16 to 20, inclusive; T. 25 N., R. 31 E. Secs. 22 to 28, inclusive; Sec. 21, W y2NW % ; T. 85 N., R. 32 E., Secs. 31 to 36, inclusive. Secs. 29 and 30; Secs. 2 to 11, inclusive; T. 28 N„ R.33 E., Sec. 31, NW i/4. Secs. 17 to 20, inclusive; Secs. 19 and 20; T. 26 N., R. 24 E., Secs. 29 to 34, inclusive. Secs. 28 to 33, inclusive. Portion of township lying south and east of Fort Belknap Indian Reservation. T. 35 N., R. 33 E., The public lands described above ag­ Secs. 1 to 4, inclusive; T. 26 N., R. 25 E., Secs. 9 to 16, inclusive. gregate approximately 134,028 acres. Portion of township lying south and west of Port Belknap Indian Reservation. T. 35 N., R. 34 E., (C) Secs. 1 to 10, inclusive; Secs. 15 to 18, inclusive. U.L. BEND PLANNING UNIT (0103) The public lands described above ag­ T. 36 N., R. 27 E., T. 22 N„ R. 28 E„ gregate approximately 27,404 acres. Secs. 1 to 12, inclusive; Secs. 1 to 4, inclusive; (E) Secs. 17 to 20, inclusive. Secs. 9 to 12, inclusive. ALKALI PLANNING UNIT (0133) T. 36 N., R. 28 E., T. 22 N., R. 29 E., Secs. 1 to 31, inclusive; Secs. 1 to 30, inclusive. T. 25 N., R. 27 E., Sec. 32, Wy2wy2. T. 22 N., R. 30 E., Secs. 1 to 4, inclusive; T. 36 N., Rs. 29 to 31 E., inclusive. Secs. 2 to 10, inclusive; Sec. 12. T. 36 N., R. 32 E., Sec. 11, Ny2NE% , S W 14NE 14, and wy2; T. 25 N., R. 28 E. Secs. 1 to 24, inclusive; Secs. 16 to 21, inclusive; Secs. 1 to 8, inclusive. Secs. 27 to 34, inclusive. , Secs. 28 to 30, inclusive. T. 26 N„ R. 26 E., T. 36 N., R. 33 E., T. 23 N., R. 22 E., Sec. 1; Secs. 1 to 29, inclusive; Portion of township lying south of Bull Sec. 2, lots 1, 2, 4, 5, and 6, S 1/2NE 1/4, and Secs. 32 to 36, inclusive. Creek and east of the Missouri River. SE14; T. 36 N., R. 34 E. T. 23 N., R. 23 E„ Sec. 11, portion lying east of Fort Belknap T. 37 N., R. 23 E., Portion of Township lying north and east Indian Reservation; Secs. 1, 12, and 13. of the Missouri River. Secs. 12 and 13; T. 37 N., R. 24 E., T. 23 N., Rs. 24 to 29 E., inclusive. Sec. 14, portion lying east of Fort Belknap Secs. 1 to 18, inclusive; T. 23 N., R. 30 E., Indian Reservation; Sec. 22, Ei/2, and Ny2NW î4; Secs. 1 to 24, inclusive; Sec. 23, lots 1, 2, and 3, NE*4, Ey2NW}4, Secs. 23 and 24; Secs. 26 to 35, inclusive. NE % SW %, and Ny2 SE yA ; Sec. 25, Ny2; T. 23 N., R. 31 E., Sec. 24; Sec. 26, Ny2; Secs. 1 to 24, inclusive. Sec. 25, Ny2; Sec. 27, N E ^4. T. 23 N., R. 32 E. Sec. 26, Ny2. T. 37 N., R. 25 E., T. 26 N., R. 27 E., T. 23 N., R. 33 E., Secs. 1 to 29, inclusive; Secs. 1 to 28, inclusive; Secs. 1 to 34, inclusive. Sec. 30, lots 1 and 2, Eÿ2 and Ey2NW*4; Sec. 29, Ny2; Sec. 31, NEy4; T. 24 N., R. 23 E., Sec. 30, N% ; Sec. 32, N y2; Secs. 9 to 16, inclusive; Secs. 33 to 36, inclusive. Sec. 33, Ny2; Sec. 20, portion lying east of Bull Creek; T. 26N..R. 28 E„ Sec. 34, Ny2; Secs. 21 to 28, inclusive; Secs. 3 to 10, inclusive; Sec. 35, N ÿ2. Secs. 29 and 30, portions lying south and Secs. 17 to 20, inclusive; T. 37 N., R. 26 E., east of Bull Creek; Secs. 29 to 36, inclusive. Secs. 1 to 30, inclusive; Secs. 31 to 36, inclusive. T. 27 N., R. 26 E., Sec. 36. T. 24 N., R. 24 E„ Sec. 1, portion lying east of Fort Belknap T. 37 N., Rs. 27 to 34 E., inclusive. Sec. 19; Indian Reservation; Secs. 30 to 36, inclusive. • The public lands described above Secs. 12 and 13; a g " T. 24 N., R. 25 E., Secs. 14 and 23, portions lying east of Fort gregate approximately 210,169 acres. Secs. 28 and 29; Belknap Indian Reservation; (B) Secs. 31 to 35, inclusive. Secs. 24 and 25; Sec. 26, portion lying east of Fort Belknap BEAVER CREEK PLANNING UNIT (0102) T. 24 N., R. 26y2 E. T. 24 N., R. 27 E. Indian Reservation; T. 25 N., R. 28 E., Sec. 35, lots 1, 2, and 3, E ^ N E ^ , Secs. 10 to 15, inclusive; T. 24 N., R. 28 E., SWy4SEi4, and Ey2SE»4; Secs. 1 to 25, inclusive; Secs. 22 to 27, inclusive; Sec. 36. Secs. 27 to 36, inclusive. Secs. 34 to 36, inclusive. T. 27 N., R. 27 E. T. 24 N., Rs. 29 to 33 E., inclusive. T. 25 N., Rs. 29 to 33 E., inclusive. T. 27 N., R. 28 E„ T. 25 N., R. 26 E„ T. 26 N., R. 28 E., Secs. 2 to 9, inclusive; Secs. 25 and 36. Secs. 1 and 2; Secs. 16 to 21, inclusive; Secs. 11 to 16, inclusive; T. 25 N., R. 27 E., Secs. 28 to 34, inclusive. Secs. 21 to 28, inclusive. Secs. 28 to 33, inclusive.

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 NOTICES 10387 T. 27 N., R. 30 E., 1579, for withdrawal and reservation of S a l t L a k e M e r id ia n , U t a h Secs. 1 and 2; lands for recreation and scenic areas and Sec. 3, E%. NORTH CREEK RECREATION SITE T. 27 N., R. 31 E., land needed for seed production, was published as F.R. Doc. No. 67-4630, on T. 28 S., R. 6 W., Sec.4,W^; - Sec. 29, lots 5,6, and. 7. Secs. 5 and 6. page 6528 of the issue for April 27, 1967. T. 28 N., R. 26 E., The applicant agency has canceled its RANCH CANYON NO. 2 RECREATION SITE Portion of township lying east of Fort application insofar as it affects the fol­ T. 28 S., R. 9 W., Belknap Indian Reservation. lowing described land. Therefore, pur­ Sec. 1, SE^NE^, E^SE^. T. 28 N„ R. 27 E. suant to the regulations contained in 43 ROCK CORRAL RECREATION SITE T. 28 N., R. 28 E., CFR Part 2091, such land at 10 a.m. on Secs. 1 to 12, inclusive; T. 28 S., R. 9 W., Secs. 14 to 23, inclusive; July 27,1970, will be relieved of the segre­ gative effect of the above-mentioned Sec. 14, N W & S E 14, SW&NE^, SE&NW^, Secs. 26 to 35, inclusive. NE%SW%. T. 28 N., R. 29 E., application. CHARCOAL KILNS RECREATION SITE Sec. 3, Wi/2; W i l l a m e t t e M e r id ia n Secs. 4 to 9, inclusive; T. 28 S., R. 15 W .f Sec. 10, W y2. SISKIYOU NATIONAL FOREST Sec. 10, S W ^ N E ^ ; T. 28 N., R. 30 E., Deer Creelc Campground Secs. 1 to 4, inclusive; WILLOW SPRINGS NO. 1 RECREATION SITE T. 38 S., R. 8 W „ Secs. 9 to 16, inclusive; T. 29 S., R. 15 W., Secs. 21 to 28, inclusive; Sec. 18, S % N W % N E i4 and N^SW^NE^. Sec. 7, N W 14NEV4 . Secs. 33 to 36, inclusive. T. 28 N., R. 31 E. The area described aggregates about CHARCOAL KILNS RECREATION SITE 40 acres. T. 28 N., R. 32 E„ T. 29 S., R. 15 W., Secs. 1 to 21, inclusive; V irgil O. Seiser, Sec. 9, S E ^ N W % . Secs. 29 and 30. Chief, Branch of Lands. ROSE CANYON RECREATION SITE T. 28 N„ R. 33 E., [F-R. Doc. 70-8069; Filed, June 24, 1970; Secs. 1 to 18, inclusive; 8:50 a.m.] T. 29 S„ R. 16 W., Secs. 21 to 27, inclusive; Sec. 13, N E ^ N E ^ . Secs. 34 to 36, inclusive. T. 29 N., R. 27 E., [Serial No. U 8l6l] WILLOW SPRINGS NO. 2 RECREATION SITE Secs. 1 to 4, inclusive; UTAH T. 29 S., R. 16 W., Secs. 9 to 16, inclusive; Sec. l l . N W ^ N E ^ . Secs. 21 to 28, inclusive; Notice of Classification of Public Lands Secs. 33 to 36, inclusive. MINERSVILLE RESERVOIR RECREATION SITE T. 29 N., Rs. 28 to 33 E., inclusive. for Multiple-Use Management T. 30 S., R. 9 W., T. 30 N., R. 32 E., 1. Pursuant to the Act of Septem­ Sec. 1,lo t 4 (N W Î4 N W % ); Secs. 1, 2, 11,12, 13, 14, 23, 24, 26, 35, and 36. ber 19, 1964 (78 Stat. 986; 43 U.S.C. 1411- Sec. 2, That part west of Minersville Reser­ T. 30 N„ R. 33 E. 18), and to the regulations in Title 43 voir within NE 14 NE y4, S ^ N E % , EV2 T. 30 N., R. 34 E„ sw y4, Nw y4SEy4. Secs. 4 to 8, inclusive; CFR, Parts 2410 and 2411, the public Secs. 16 to 21, inclusive; lands within the area described below are INDIAN PEAK Secs. 28 to 30, inclusive. hereby classified for multiple-use man­ T. 30 S„ R. 18 W.. T. 31 N„ R. 32 E„ agement. Publication of this notice has Sec. 3, that part of NEÎ4SE& within Secs. 25 and 36. the effect of segregating the described Fillmore BLM District. T. 31 N., R. 33 E., lands from appropriation under the Sec. 3, SWi4; PINON-JtTNIPER STUDY AREA Sec. 7, S E i^S E ^; agricultural land laws (43 U.S.C., Parts 7 and 9: 25 U.S.C. sec. 334), and from sales T. 30 S., R. 15 W „ Sec. 8, E y2 and SW(/4; Sec. 7, Si/2SWÎ4, Secs. 9 to 11, inclusive; under section 2455 of the revised statutes Sec. 18, Wi/^WVi; Secs. 14 to 17, inclusive; as amended (43 U.S.C. 1171). The lands Sec. 19, N W y4 NW l/4. Sec. 18, Ei/2, Si/2NWi/4, and S W & ; shall remain open to ail other applicable T. 30 S., R. 16 W., Secs. 19 to 36, inclusive. forms of appropriation, including the Sec. 13,E% E%; T. 31 N., R. 34 E., : mining and mineral leasing laws, except Sec. 24, NE 14 NE 14. Secs. 19 and 20; as noted in paragraph 3 below. As used Secs. 29 to 32, inclusive. The areas described aggregate 1,276.94 herein, “public lands” means any lands acres. The public lands described above ag­ withdrawn or reserved by Executive gregate approximately 61,326 acres. Order No. 6910 of November 26, 1934, as 4. Several comments were received The public lands described above in A, amended, or within a grazing district following publication of a notice of pro­ B, C, D, and E aggregate approximately established pursuant to the Act of posed classification in the F ederal R eg­ 707,672 acres. June 28, 1934 (48 Stat. 1269), as ister of April 9, 1970 (35 F.R. 5832), and 5. For a period of 30 days from date of amended, which are not otherwise with­ at the public hearing which was held at publication in the F ederal R egister, this drawn or reserved for a Federal use or Beaver, Utah, on April 16,1970. All com­ classification shall be subject to the ex­ purpose. ments were carefully considered in the light of the law and regulations, and as a ercise of administrative review and 2. The public lands affected are those result a modification was made in the modification by the Secretary of the In­ administered by the Bureau of Land classification; the mineral segregation terior as provided for in 43 CFR Section Management in Beaver and northern was eliminated on Golden Reef, Frisco 2411.2c. For a period of 30 days, inter­ Iron counties, Utah, bounded on the Peak, and Ranch Canyon No. 1 Recrea­ ested parties may submit comments to north by the Beaver-Millard County line, tion Sites. The change is reflected in the Secretary of the Interior, LLM, 320, on the west and south by the Nevada paragraph 3 of this notice. Maps depict­ Washington, D.C. 20240. State line and the boundary between the ing these lands and the record showing Fillmore and Cedar City BLM districts,, Ed w in Zaidlicz, the comments received and other in­ and on the east by the Fishlake National State Director. formation are on file and may be viewed Forest boundary. Public domain lands [F.R. Doc. 70-8068;. Filed, June 24, 1970; at the Bureau of Land Management Dis­ 8:50 a.m.] within the area described aggregate ap­ proximately 1,097,888 acres. trict Office, 10 East 5th North,-Fillmore, Utah; and the State Office, Federal [O R 1579J 3. Publication of this notice also has Building, 125 South State Street, Salt OREGON the effect of segregating the proposed Lake City, Utah. recreation sites and study area described 5. For a period of 30 days from date Notice of Termination of Proposed below from all forms of appropriation, Withdrawal and Reservation of Lands location, entry, or selection under the of publication of this notice of classifi­ public land laws, including the general cation in the F ederal R egister, this clas­ June 19, 1970. mining laws, and from surface use and sification shall be subject to the. exercise Notice of Forest Service, U.S. Depart­ occupancy under the mineral leasing of administrative review and modifica­ ment of Agriculture application, OR laws: tion by the Secretary of the Interior as FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 10388 NOTICES provided for in 43 CFR § 2411.2(c). Dur­ The said Edward L. St. Clair shall: ing this 30-day period interested parties 1. Perform the duties and exercise the DEPARTMENT OF COMMERCE may submit comments to the Secretary powers provided for the market admin­ Business and Defense Services of the Interior, LLM, 320, Washington, istrator by the Middle Atlantic order D.C. 20240. subject to the supervision of the Secre­ Administration R . D. N ie l s o n , tary of Agriculture or his duly author­ CALIFORNIA STATE POLYTECHNIC State Director. ized representative. COLLEGE ET AL. [F.R. Doc. 70-8025; Filed, June 24, 1970; 2> Be entitled for his services as mar­ 8:47 a.m.] ket administrator to a salary at the rate Notice of Applications for Duty-Free of $27,541 per annum. Entry of Scientific Articles This amended designation shall be­ Office of the Secretary The following are notices of the receipt come effective as of 12*01 a.m., e.d.s.t., of applications for duty-free entry of THEODORE ROOSEVELT INAUGURAL on August 1, 1970. scientific articles pursuant to section 6 NATIONAL HISTORIC SITE, NEW YORK Done at Washington, D.C., this 16th (c) of the Educational, Scientific, and day of June 1970. Cultural Materials Importation Act of Notice of Establishment 1966 (Public Law 89-651; 80 Stat. 897). R o y W. L e n n a r t s o n , Whereas, the Act of November 2, 1966 Administrator. interested persons may present their (80 Stat. 1101), grants to the Secretary views with respect to the question of of the Interior, authority to acquire the [F.lt. Doc. 70-8050; Filed, June 24, 1970; whether an instrument or apparatus of 8:49 a.m.] property known as the Ansley Wilcox equivalent scientific value for the pur­ House and to provide for the operation poses for which the article is intended and maintenance, at no expense to the MARKET ADMINISTRATOR to be used is being manufactured in the United States, of such property as a na­ United States. Such comments must be tional historic site, and Termination of Designation and of filed in triplicate with the Director, Whereas, section 2(a) of the act pro­ Subsequent Amended Designations Scientific Instrument Evaluation Divi­ vides for establishment of the property sion, Business and Defense Services Ad­ described in section 3 of the act as a Pursuant to (1) the provisions of Pub­ ministration, Washington, D.C. 20230, national historic site in Federal owner­ lic Act No. 10, 73d Congress, as amended within 20 calendar days after date on ship when commitments have been ob­ and as reenacted and amended by. the which this notice of application is pub­ tained for donations of funds or services Agricultural Marketing Agreement Act lished in the F ederal R e g ist e r . in an amount, which in the judgment of of 1937, as amended (7 U.S.C., 601 et Amended regulations issued under the Secretary is sufficient to complete seq.), (2) the applicable provisions of cited Act, as published in the October 14, the order, as amended, regulating the restoration of the property and to operate 1969, issue of the F ed e r a l R e g ister , pre­ and maintain it for public benefit, and h a n dlin g of milk in the Delaware Valley scribe the requirements applicable to marketing area and (3) the delegation Whereas, the requirements of section comments. of authority to the undersigned (30 F.R. 2 of the act have been met, and the real 6697), the designation effective July 1, A copy of each application is on file, property described in section 3 of the act 1954, and subsequent amended designa­ and may be examined during ordinary has been acquired by the United States. tions of Louis S. Iverson market admin­ Commerce Department business hours Now, therefore, the real property de­ istrator under the said order are termi­ at the Scientific Instrument Evaluation scribed in section 3 of the Act of Novem­ nated effective as of 11:59 p.m., e.d.s.t., Division, Department of Commerce, ber 2, 1966 (80 Stat. 1101), is hereby on July 31,1970. Washington, D.C. established as the Theodore Roosevelt Such termination shall not relieve the Docket No. 70-00730-33-46500. Appli­ Inaugural National Historic Site. said market administrator or the surety cant: California State Polytechnic Col­ Dated: June 18,1970. on his bond of any liability incurred lege, 3801 West Temple Avenue, Pomona, Calif. 91766. Article: Ultramicrotome, prior to the effective time of this termi­ W alter J. H ic k e l , Model OmU2. Manufacturer: C. Rei­ Secretary of the Interior. nation under any bond executed by the said market administrator and his surety chert Optische Werke AG, Austria. In­ IF.R. Doc. 70-8031; Filed, June 24, 1970; pursuant to said designation. tended use of article: The article will be 8:47 a.m.] used to make thin sections of biological Done at Washington, D.C. this 16th material? for observation and study in day of June 1970. an electron microscope. Senior project students, Master's Degree candidates, R o y W . L e n n a r t s o n , DEPARTMENT OF AGRICULTURE Administrator. cytology students, and some faculty will use the ultramicrotome for serial sec­ Consumer and Marketing Service [F.R. Doc. 70-8051; Filed, June 24, 1970; tioning. Application: received by Com­ MARKET ADMINISTRATOR 8:49 a.m.] missioner of Customs: May 19, 1970. Docket No. 70-00732-33-46500. Appli­ Amended Designation Office of the Secretary cant: Columbia University, College of Pursuant to (1) the provisions of Pub­ Physicians and Surgeons, 630 West 168th lic Act No. 10, 73d Congress, as amended MONROE RESERVOIR AND CANNEL- Street, New York, N.Y. 10032. Article: and as reenacted and amended by the TON LOCKS AND DAM, IND. Ultramicrotome, Model 4800A, and Ac­ Agricultural Marketing Agreement Act cessories. Manufacturer: LK B Produkter of 1937, as amended (7 U.S.C., 601 et. Joint Order Interchanging Adminis­ AB, Sweden. Intended use of article: The seq.), (2) the applicable provisions of trative Jurisdiction of Department article will be used to cut thin sections the order, as amended, regulating the of the Army Lands and National from-pathological biopsies, immune pre­ handling of milk in the Middle Atlantic Forest Lands cipitates, and bacteria to study under the marketing area (merger of the former electron microscope. The materials to be Delaware Valley, Washington, D.C., and C ross R e f e r e n c e : For a document examined include pathological biopsy Upper Chesapeake Bay milk -orders, and issued jointly by the Department of materials from patients with collagen (3) the delegation of authority to the Agriculture and the Department of De­ diseases, blood and urine specimens, im­ undersigned (30 F.R. 6697), the amended fense concerning interchanging admin­ mune precipitates which are contained in agar and agarose, bacteria, and deoxy- designation effective March 1, 1969, as istrative jurisdiction of Department of amended by the pay adjustment effective ribonucleo-protein preparations. Appli“ December 28, 1969, of said Edward L. the Army lands and National Forest cation received by Commissioner of St. Clair, market administrator, is hereby lands, see F.R. Doc. 70-8073, Department Customs: May 21, 1970. further amended to reflect the changes of Defense, Department of the Army, Docket No. 70-00733-33-46500. Appli­ herein: supra. cant: University of Wisconsin, 518 SML

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 NOTICES 10389

470 N. Charter Street, Madison, Wis. New projects are planned dealing with tion received by Commissioner of Cus­ 53706. Article: Ultramicrotome, Model fossil plant material in order that com­ toms: May 26,1970. LKB 8800A. Manufacturer : LKB Produk- parisons can be made with living plant C h a r l e y M. D e n t o n , ter AB, Sweden. Intended use of article : representatives. Application received by Assistant Administrator for In ­ The article will be used for research and Commissioner of Customs: May 25, 1970. dustry Operations, Business also by selected graduate students in the Docket No. 70-00740-33-46040. Appli­ and Defense Services Ad­ study of ultrastructure. One investiga­ cant: University of Hawaii School of ministration. tion concerns animal experiments di­ Medicine, Department of Anatomy, 1951 rected to characterizing the agent, eluci­ East-West Road,- Honolulu, Hawaii 96822. [F.R. Doc. 70-8001; Filed, June 24, 1970; dating the pathogenesis, and determin­ Article: Electron microscope, Model EM 8:45 a.m.] ing the host range of the disease called 300. Manufacturer: Philips Electronics Transmissible Mink Encephalopathy. NVD, The Netherlands. Intended use of ENVIRONMENTAL SCIENCE SERVICES Another project is to obtain brain tis­ article: The article will be used for re­ sues either from fresh autopsy material search on the morphology of the uterus; ADMINISTRATION ET AL. or by biopsy from children or adults with membrane formation and fusion phe­ Notice., of Applications for Duty-Free “degenerative” brain diseases and to sub­ nomenon; differentiation of uterine stro­ Entry of Scientific Articles ject these to studies in the electron mal cells; and to study the morphology of microscope in the search for direct or membrane interaction between sperm The following are notices of the receipt indirect evidence of viral infection. Ap­ and egg. Electron microscopy will be of applications for duty-free entry of plication received by Commissioner of taught to graduate students and postdoc­ scientific articles pursuant to section Customs: May 21, 1970. toral fellows. Application received by 6(c) of the Educational, Scientific, and Docket No. 70-00734-33-46500. Appli­ Commissioner of Customs: May 25, 1970. Cultural Materials Importation Act of cant: Michigan State University, Center Docket No. 70-00741-33-46040. Appli­ 1966 (Public Law 89-651; 80 Stat. 897). for Laboratory Animal Resources, 127D cant: Harvard University, Purchasing Interested persons may present their Giltner Hall, East Lansing, Mich. 48823. Department, 75 Mount Auburn Street, views with respect to the question of Article: Ultramicrotome, Model LK B Cambridge, Mass. 02138. Article: Elec­ whether an instrument or apparatus of 8800A. Manufacturer: LKB Produkter tron microscope, Model EM 9S. Manufac­ equivalent scientific value for the pur­ AB, Sweden. Intended use of article : The turer: Carl Zeiss, Inc., West Germany. poses for which the article is intended article will be used for research on a Intended use of article: The article will to be used is being manufactured in the comparative study of placental mem­ be used for studies of the visual part of United States. Such comments must be branes, involving descriptions of the vas­ the cortex of the monkey and cat brain filed in triplicate with the Director, cular patterns and relationship between and for studies of nerve cell ganglia of Scientific Instrument Evaluation Divi­ the maternal and fetal circulation. In­ small animals such as leech and lobster, sion, Business and Defense Services Ad­ vestigations on placental vasculature on which physiological studies are being ministration, Washington, D.C. 20230, requires serial sectioning and recon­ done. These two projects are to be con­ within 20 calendar days after date on structing three-dimensional ultrastruc­ ducted by different groups of people, who which this notice of application is pub­ ture for electron microscopy. Application will have to learn eléctron microscopy lished in the F ederal R e g ist e r . received by Commissioner of Customs: as quickly as possible. Application re­ Amended regulations issued under May 21, 1970. ceived by Commissioner of Customs: cited Act, as published in the October 14, Docket No. 70-00737-88-46070. Appli­ May 26,1970. 1969, issue of the F ederal R e g ist e r , pre­ cant: University of California, Los Docket No. 70-00742-33-46040. Appli­ scribe the requirements applicable to Angeles, 405 Hilgard Avenue, Los An­ cant: University of Florida, College of comments. geles, Calif. 90024. Article: Scanning Medicine, Department of Ophthalmology, A copy of each application is on file, Electron microscope, Model JSM-2, and Gainesville, Fla. 32601. Article: Electron and may be examined during ordinary Accessories. Manufacturer: Japan Elec­ microscope, Model EM 9S-2. Manufac­ Commerce Department business hours tron Optics Lab. Co., Ltd., Japan. In­ turer : Carl Zeiss, West Germany. In­ at the Scientific Instrument Evaluation tended use of article : The article will be tended use of article: The article will be Division, Department of Commerce, used for instruction and thesis research used for an ultrastructural study of Washington, D.C. for graduate students, postdoctoral stu­ human cornea and studies on the canal Docket No. 70-00747-00-70000. Appli­ dents, and undergraduate majors in pa­ of Schlemm and trabecular meshwork cant: Environmental Science Services leobotany, botany, zoology, paleontology, in human eyes. Trainees in the Depart­ Administration, National Environmental mineralogy, geochemistry, and related ment of Ophthalmology will use the Satellite Center, Washington, D.C. 20233. sciences. It will also be used as a research electron microscope for ultrastructure Article: Optical Interference Filters instrument for Geology, Botany, and studies as part of their research projects (Infrared). Manufacturer: Grubb-Par- Zoology faculty projects. Areas of study on the eye. They will be allowed only a sons and Co. Ltd., United Kingdom. In ­ include the ultrastructure of Precam- short time in which to become familiar tended use of article: The filters are to brian, Paleozoic, and younger microfos­ with the operation of the article, thus a be used on an infrared temperature pro­ sils; study of lunar rock and dust simple electron microscope is of prime file radiometer for the NIM BUS E samples; and a study of microfossils importance. Application received by weather satellite. Application received by from subsurface and deep-sea sediments Commissioner of Customs: May 26,1970. Commissioner of Customs: May 27, 1970. of various ages to identify and correlate Docket No. 70-00743-33-77030. Appli­ Docket No. 70-00748-67-46070. Appli­ strata containing such organisms. Appli­ cant: University of Wisconsin, McArdle cant: The George Washington Univer­ cation received by Commissioner of Cus­ Laboratory, Madison, Wis. 53706. Article: sity, School of Engineering, Thompkins toms: May 22,1970. NM R Spectrometer, Model R-12A. Hall, 725 23d Street NW., Washington, Docket No. 70-00738-63-46070. Appli­ Manufacturer: Perkin-Elmer Ltd., D.C. 20006. Article: Scanning Electron cant: University of Illinois at Chicago United Kingdom. Intended use of article: Microscope, Model Mark HA. Manufac­ Circle, 601 South Morgan Street, Chicago, The article will be used for the study of turer: Cambridge Instrument Co., Ltd., 111. 60607. Article: Scanning Electron organic compounds and the nuclear mag­ United Kingdom. Intended use of article: microscope, Model .Mark IIA. Manufac­ netic resonance of the protons in the The article will be used for research con­ turer: Cambridge Instrument Co., Ltd., compounds will be determined. In the cerned with the micromechanisms of the United Kingdom. Intended use of article: course of the applicant’s research, new initiation of fatigue damage in the sur­ The article will be used for an investiga­ chemical compounds as potential drugs face of cyclically strained metal speci­ tion of plant micro- and macrofossils to be used for the treatment of cancer are mens and, in particular, with the effect preserved in petrifactions (coal balls) constantly synthesized. Also, new metab­ of the surface layer produced during cy­ collected in southern Illinois and eastern olites of carcinogenic (cancer-produc­ clic straining on the fatigue damage ini­ Kentucky since 1964. Other investiga­ ing) chemicals are isolated and their tiation process through reaction with tions on taxonomic and biostratigraphic structures determined, often only very the environment and contamination with research have been in progress since 1965. small quantities are available. Applica­ interstitial atoms such as C, N, and O.

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 No. 123------6 10390 NOTICES

Application received by Commissioner of ceived by Commissioner of Customs; t.ttr Produkter AB, Sweden. Intended Customs: May 27, 1970. May 28, 1970. use of article: The article will be used Docket No. 70-00749-33-46040. Appli­ Docket No. 70-00753-33-46040. Appli­ for ultrathin sectioning for electron cant: Wabash College, Crawfordsville, cant: University of California, Irvine, microscopic examinations of eye tissue. Ind. 47933. Article: Electron microscope, California College of Medicine, Irvine, Studies concern the determination of the Model HS-8. Manufacturer: Hitachi, Calif. 92664. Article: Electron Micro­ kind of cell in the retina that causes a Ltd., Japan. Intended use of article: The scope, Model EM 300. Manufacturer: membrane to form in cases of retinal article will be used for research on the Philips Electronics NVD, The Nether­ detachment and an investigation to de­ high resolution ultrastructural compar­ lands. Intended use of article: The arti­ termine the pathologic reactions in ison of nurse cell nucleoli from wild type cle will be used for research projects papilledema (a sign of brain tumor), and mutuant Drosophila melanogaster. investigating the regeneration, dediffer­ optic atrophy, and glaucoma. Application A series of projects will be carried out by entiation, and migration of traumatized received by Commissioner of Customs: members of the biology staff and under­ surface epithelial cells in fundic stomach June 1,1970. graduates working with them. None have of the rabbit; the metaplasia of connec­ Docket No. 70-00759-33-46040. Appli­ had any training in electron microscopy tive cells following gastro-omentoplasty cant: Portland State University, Post and the ease by which they may be in the rabbit; the autoradiography of Office Box 751, Portland, Oreg. 97207. trained on the article will greatly facili­ dendritic spines following induction of Article: Electron microscope, Model EM tate their research program. Also, biology labeled amino acid (cat) ; and the mito­ 9S. Manufacturer: Carl Zeiss, Inc., West majors will be trained in electron chondrial response of cardiac muscle Germany. Intended use of article: The microscopy. -subjected to various periods of anoxia article will be used for research on mistle­ Application received by Commissioner (dog). Graduate students and medical toes, which are among the worst patho­ of Customs: May 28, 1970. students will use the electron microscope gens of forest trees, to study the detailed Docket No. 70-00750-33-43780. Appli­ as a training instrument. Application re­ aspects of tissue relations between these cant: The Johns Hopkins University; ceived by Commissioner of Customs: parasites and their host. Another proj­ Purchasing Department, Charles and May 28, 1970. ect concerns the determination of the ultrastructure of neurosecretory cells, 34th Streets, Baltimore, Md. 21218. Arti­ Docket No. 70-00754-33-46040. Appli­ endocrine glands, gonads and sex acces­ cle: Flexible bronchofibrescope, Model cant: Duke University Medical Center, sory glands and ducts in the pond snail FBS-L4. Manufacturer: Manabu Medi­ Department of Pathology, Durham, and in animals subjected to various ex­ cal Instruments Co., Ltd., Japan. In­ North Carolina 27706. Article: Electron perimental manipulations. Also, ad­ tended use of article: The article will be Miscroscope, Model HS-8. Manufac­ vanced undergraduate students and used to identify and exactly localize turer: Hitachi, Ltd., Japan. Intended graduate students will be taught electron small, early, developing cancers of the use of article: The article will be used microscopy in Biology courses. Applica­ lung and to remove cellular and tissue primarily in three courses offered by thé tion received by Commissioner of fragments for microscopic examination Department of Pathology. “Applied Customs: June 1, 1970. and diagnosis of the state of health or Instrumentation” will emphasize the disease in the lung. Application received theory and application of electron mi­ Docket No. 70-00760-01-77030. Appli­ by Commissioner of Customs: May 28, croscopy to ultrastructural pathology; cant; Southern Connecticut State Col­ 1970. “Research in Pathology” is an individ­ lege, 501 Crescent Street, New Haven, Docket No. 70-00751-33-46040. Appli­ ual tutorial approach to independent Conn. 06515. Article: NM R spectrometer, cant: Illinois Institute of Technology, research projects in the field of ultra- Model R-20A. Manufacturer: Hitachi, Technology Center, Chicago, 111. 60616. structural pathology; and “Cellular and Ltd., Japan. Intended use of article: The Article: Electron microscope, Model Subcellular Pathology” is a course con­ article will be used as an instructional EM 9S. Manufacturer: Carl Zeiss, Inc., sisting of lectures, seminars, and demon­ tool and for graduate and faculty re­ West Germany. Intended, use of article: strations concerned with alteration in search. Experiments concern substituent The article will be used primarily for cellular structure and function. Appli­ effects in fluorinated ureas, internal ro­ educational purposes for undergraduate cation received by Commissioner of tational barriers in fluorinated amides and graduate students in courses in biol­ Customs: May 28, 1970. and substituent effects in dichloroace- ogy, cell physiology, and cell biology. tates. Application received by Commis­ Docket No. 70-00755-33-46500. Appli­ Predissertation research concerns the sioner of Customs: June 1, 1970. cant: Medical College of Ohio at Toledo, characterization and changes in ultra­ Docket No. 70-00761-01-77040. Appli­ Post Office Box 6190, Toledo, Ohio 43614. structure of cells (rat liver mucosal cells Article : Ultramicrotome, Model LK B cant: University of California, Law­ of rat jejunum) correlated with changes 8800A. Manufacturer: LKB Produkter rence Radiation Laboratory, 7000 East in oxidative activity and the interac­ Avenue, Livermore, Calif. 94550. Article: AB, Sweden. Intended use of article; tions of molecular aggregates of con­ Mass spectrometer, Model CH-5. Manu­ The article will be used for a study of the tractile proteins. Application received facturer: Varian MAT, West Germany; sites into which exogenous norepineph­ by Commissioner of Customs: May 28, Intended use of article: The article will rine is incorporated and retained in 1970. be used as a qualitative and quantitative adrenergic nerves. The experiments in­ Docket No. 70-00752-33-46040. Appli­ tool for the determination of light isotope volve the intravenous administration of cant: Saint Louis University School of concentration. Accurate concentrations radioactively labeled norepinephrine to Medicine, 1402 South Grand, St. Louis, analysis of certain species (He3, He4, H2, small mammals, in order that they Mo. 63117. Article: Electron microscope, HD and.D 2) are necessary in order to incorporate the labeled material into Model EM 300. Manufacturer: Philips study the kinetics and reaction mechan­ adrenergic nerve. Samples of nerve are Electronics NVD, The Netherlands. In­ ism of light isotope exchanges involving fixed at suitable time intervals and pre­ tended use of article: The article will be inorganic and organic compounds. Com­ pared for electron microscopic study. used for diagnostic and invèstigational patibility of materials with various purposes on a variety of specimens from The instrument will also be used by medical students, and residents, and parameters and subsequent gas analysis patients with disease and for studies of is the main concern. Application re­ various experimental models of human faculty for preparing ultrathin sections for examination. Application received ceived by Commissioner of Customs: disease as a means toward a better un­ derstanding of etiology, pathogenesis by Commissioner of Customs: May 28, June 1,1970. and control. Research concerns diagnos­ 1970. C h a r l e y M. D e n t o n , tic studies of human renal and hepatic Docket No. 70-00758-33-46500. Appli­ Assistant Administrator for In­ biopsies; studies.of the incidence of vi­ cant: University of Miami Medical dustry Operations, Business ruses in human tumors; and studies of School, Bascom Palmer Eye Institute, and Defense Services Admin­ the ultrastructure of hybrid cells and the Post Office Box 875, Biscayne Annex, istration. relationship of chromosomal content to Miami, Fla. 33152. Article: Ultramicro­ [F.R. Doc. 70-8002; Filed, June 24, 1970; structure and function. Application re­ tome, Model LKB 8800A. Manufacturer: 8:45 a.m.J

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1979 NOTICES 10391

MASSACHUSETTS GENERAL HOSPITAL of scientific articles pursuant to section Docket No. 70-00766-01-77030. Appli­ 6(c) of the Educational, Scientific, and cant: University of North Carolina, Notice of Decision on Application for Cultural Materials Importation Act of Chapel Hill, N.C. 27514. Article: NMR Duty-Free Entry of Scientific Article 1966 (Public Law 89-651; 80 Stat. 897). spectrometer, Model JNM-C-60HL. Man­ The following is a decision on an appli­ Interested persons may present their ufacturer: Japan Electron Optics Lab. cation for duty-free entry of a scientific views with respect to the question of Co., Ltd., Japan. Intended use of article: article pursuant to section 6(c) of the whether an instrument or apparatus of The article will be used to study nitrogen Educational, Scientific, and Cultural M a­ equivalent scientific value for the pur­ and sulfur heterocycles; relatively long- terials Importation Act of 1966 (Public poses for which the article is intended lived carbonium ions; and amines, amino Law 89-651, 80 Stat. 897) and the regu­ to be used is being manufactured in the acids, polyaminocarboxylic acids and United States. Such comments must be their metal complexes. The properties, lations issued thereunder as amended (34 filed in triplicate with the Director, structures and stability of these ma­ F.R. 15787 et seq.). Scientific Instrument Evaluation Di­ terials will be investigated. Application A copy of the record pertaining to this received by Commissioner of Customs: decision is available for public review vision, Business and Defense Services Administration, Washington, D.C. 20230, June 2,1970. during ordinary business hours of the within 20 calendar days after date on Department of Commerce, at the Scien­ Docket No. 70-00767-10-46040. Appli­ which this notice of application is pub­ tific Instrument Evaluation Division, De­ cant: Arizona State University, Temple, lished in the F ederal R eg ist e r . partment of Commerce, Washington, Ariz. 85281. Article: Electron microscope, Amended regulations issued under D.C. Model JEM-100. Manufacturer: Japan cited Act, as published in the October 14, Docket No. 70-00488-33-43780. Appli­ Electron Optics Lab. Co., Ltd., Japan. 1969 issue of the F ederal R e g ister , pre­ cant: The Massachusetts General Hos­ Intended use of article: The article will pital, Fruit Street, Boston, Mass. 02114. scribe the requirements applicable to be used for the studies of the contrast Article: Hip joint replacement, three comments. of the details of images of crystal lattices each. Manufacturer: Protek Ltd., Swit­ A copy of each application is on file, obtained with the best attainable reso­ zerland. Intended use of article: The and may be examined during ordinary lution; the development of methods for article is intended to be used for a study Commerce Department business hours investigating the structures and defects and scientific assessment of hip recon­ at the Scientific Instrument Evaluation of crystals; and for studies of the in­ structions, using total hip replacement Division, Department of Commerce, formation obtainable in high-resolution in contrast to previously existing modes Washington, D.C. microscopy of biological materials. Ap­ of reconstructive hip surgery. Comments: Docket No. 70-00763-00-77040. Appli­ plication received by Commissioner of No comments have been received with cant: Stanford University, 820 Quarry Customs: June 2,1970. respect to this application. Road, Palo Alto, Calif. 94304. Article: Docket No. 70-00769-60-46500. Appli­ Decision: Application approved. No In­ Polarized ion source components. Man­ cant: University of Missouri— Columbia, strument or apparatus of equivalent ufacturer: Auckland Nuclear Accessory Purchasing Department, General Serv­ scientific value to the foreign article, for Co., Ltd., New Zealand. Intended use of ices Building, Columbia, Mo. 65201. such purposes at this article is intended article: The article will be used to study Article: Ultramicrotome, Model t .t c r to be used, is being manufactured in the those “spin dependent” effects of nuclear 4800A. Manufacturer: LKB Produkter United States. Reasons: The article is a forces and those properties of nuclear AB, Sweden. Intended use of article: The combination of the Chamley apparatus states which cannot be investigated prop­ article will be used in research that is which combines a metal femoral head erly, or in sufficient detail, or with concerned with the structure and ultra­ prosthesis with a head diameter of 32 enough resolution, when using a conven­ structure of native Missouri woods, pri­ millimeters and a high density polyeth­ tional unpolarized ion source. The De­ marily those which are used in Missouri’s ylene acetabulum which accepts only this partment of Physics will use the article wood-using industries. Experiments will sized head, and the Mueller apparatus for research and education of graduate be conducted on light reflectance prop­ which has a larger femoral head size and students. Application received by Com­ erties of the thin sections. Ultrathin an acetabular component made of metal missioner of Customs: June 1, 1970. sections will be studied to ascertain the but with three polyethylene bearing Docket No. 70-00764-00-77040. Appli­ extent of natural defects within the points in the cup. cant: University of California, San woody tissue, to compare heartwood and We are advised by the Department of Francisco Medical Center, Purchasing sapwood zones, and to compare sections Health, Education, and welfare (H E W ) Department, 1438 South 10th Street, taken from pith to bark within the in its memorandum dated May 6, 1970, Richmond, Calif. 94804. Article: Water- woody plant. Application received by that the combination of characteristics cooled electron bombardment source. Commissioner of Customs: June 3, 1970. described above is pertinent to the pur­ Manufacturer: Associated Electrical In­ Docket No. 70-00770-33-46500. Appli­ poses for which the article is intended to dustries, United Kingdom. Intended use cant: Stanford University, Purchasing be used. H EW further advises that it of article: The article will be used as a Department, 820 Quarry Road, Palo Alto, knows of no equivalent prosthesis which spare source for a mass spectrometer Calif. 94304. Article: Ultramicrotome, is being manufactured in the United (MS 902). Application received by Model OmU2. Manufacturer: C. Reichert States which provides this combination Commissioner of Customs: June 2, 1970. Optische Werke AG, Austria. Intended of characteristics. Docket No. 70-00765-65-46070. Appli­ use of article: The article will be used The Department of Commerce knows cant: University of Florida, Department for studies of metabolic disorders of the of no other instrument or apparatus of of Metallurgical and Materials Engineer­ central nervous system in man and in equivalent scientific value to the foreign ing, Gainesville, Fla. 32601. Article: tissue culture system models; of the for­ article, for such purposes as this article Scanning electron microscope, Model mation and destruction of myelin in is intended to be used, which is being Mark IIA. Manufacturer: Cambridge In­ myelinating tissue culture; and of cyto- manufactured in the United States. strument Co., Ltd., United Kingdom. logical changes induced in human brain Intended use of article: The article will tumors and normal central nervous sys­ C h a r l e y W . D e n t o n , Assistant Administrator for In ­ be used for educational and research tem elements in tissue culture systems dustry Operations, Business purposes. Metallurgical and materials by antibiotic agents and the processes and Defense Services Admin­ éngineering studies concern the mor­ of cellular differentiation and stromal istration. phology of reaction of product surfaces induction in these tumors and cells. Ap­ from aqueous and high temperature cor­ plication received by Commissioner of [F.R. Doc. 70-8003; Filed, June 24, 1970; rosion and oxidation reactions and the Customs: June 3, 1970. 8:45 a.m.J fracture surfaces of metals, ceramics, Docket No. 70-00771-01-77030. Appli­ composite structure, and fibers. Life sci­ cant: Midwestern University, 3400 Taft, STANFORD UNIVERSITY ET AL. ences studies include cell wall surfaces Wichita Falls, Tex. 76308. Article: NMR Notice of Applications for Duty-Free in Streptococci; plant tissues; bone Spectrometer, Model R-20. Manufac­ Entry of Scientific Articles structures, tissues of humans and other mammals, and micropaleontology. Ap­ turer: Hitachi, Ltd.-, Japan. Intended use The following are notices of the re­ plication received by Commissioner of of article : The article will be used as an ceipt of applications for duty-free entry Customs: June 3,1970. instructional instrument in Instrumental FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 10392 NOTICES

Analysis and the laboratory part of Or­ stand gene regulation in a multicellular 3. Isoflurophate, marketed as Floro- ganic Chemistry. Instrumental Analysis organism. Application received by Com­ pryl Solution, 1 mg. per ml., by Merck & is a third year course in chemical instru­ missioner of Customs: June 4, 1970. Co., Inc. (ND A 6-658). mentation. The Organic Laboratory is Docket No. 70-00775-33-46500. Appli­ 4. Demecarium bromide, marketed as a course in qualitative organic analysis. cant: Harbor General Hospital, Attend­ Humorsol Ophthalmic Solution, 1.25 and Both courses are designed to train chem­ ing Staff Association, 1000 West Carson 2.5 mg. per ml., by Merck & Co., Inc. istry students in the use and application Street, Torrance, Oalif. 90509. Article: (ND A 11-860). of modern instrumentation as an ana­ Ultramicrotome, Model LK B 4800. Manu­ 5. Neostigmine bromide, 50 mg. per lytical tool." Application received by facturer: LK B Produkter AB, Sweden. ml., marketed as Prostigmin Ophthalmic Commissioner of Customs: June 3,1970. Intended use of article: The article will Solution, by Roche Laboratories, Divi­ Docket No. 70-00772-33-46040. Appli­ be used for serial sectioning of the repro­ sion of Hoffmann-La Roche, Inc., Roche cant: The Regents of the University of ductive organs of experimental animals Park, 340 Kingsland Avenue, Nutley, N.J. California, University of California as well as of spermatozoa and ova which 07110 (NDA 654). School of Medicine, Department of Neu­ are contained in the lumen of these or­ The drugs are regarded as new drugs rosciences, La Jolla, Calif. 92037. Arti­ gans. This material will be studied in (21 U.S.C. 321(p)). Supplemental new- cle: Electron microscope, Model EM 9S. order to investigate in detail the ultra- drug applications are required to revise Manufacturer: Carl Zeiss, Inc., West structural features of the processes of the labeling in and to update previously Germany. Intended use of article: The mammalian fertilization. Application re­ approved applications for such drugs. A article will be used in a training program ceived by Commissioner of Customs: new-drug application is required from in electron microscopy for 12 students June 4, 1970. any person marketing such drugs without who have a total of 20 hours to achieve Docket No. 70-00777-01-11000. Appli­ approval. the goals. Because of the limited time a cant: University of Pittsburgh, Depart­ The Food and Drug Administration is very small amount of it is available to ment of Chemistry, 4200 Fifth Avenue, prepared to.approve new-drug applica­ familiarize each student with the opera­ Pittsburgh, Pa. 15213. Article: Gas tions and supplements to previously ap­ tion of the electron microscope (chang­ chromatograph-mass spectrometer, proved new-drug applications under con­ ing specimen, turning on high voltage Model LKB 9000. Manufacturer: LKB ditions described in this announcement. and filament, changing magnification, Produkter AB, Sweden. Intended use of 1. Ecothiophate iodide; demecarium scanning the specimen grid, focusing, article: The article will be used for re­ bromide; isoflurophate— A. Effectiveness taking pictures and operating the vac­ search on the synthesis and reactions of classification. 1. The Food and Drug uum system). During the course the em­ crowded benzenes; conformational anal­ Administration concludes that these phasis is on specimen preparation and ysis of peptides; studies in diazonium drugs are effective in the management interpretation of electron micrographs - ion decompositions and organocopper of accommodative esotropia; glaucoma related to specific applications. Applica­ chemistry; studies in the synthesis of of the open angle type; conditions ob­ tion received by Commissioner of Cus­ antitumor natural products and steroids; structing aqueous outflow, such as and for studies in biotin activity. toms: June 3, 1970. synechial formation, which are ame­ Docket No. 70-00768-33-46500. Appli­ Students from all levels from under­ nable to miotic therapy; and following cant: Veterans Administration Hospital, graduate to post-doctoral fellows will Medical Research Laboratories, Clair- use the instrument in chemistry courses iridectomy. mont Road NE., Post Office Box 29457, dnd for their research. Application re­ B. Form of drug. Echothiophate iodide Atlanta, Ga. 30329. Article: Ultramicro­ ceived by Commissioner of Customs: preparations are in the form of a sterile tome, Model LKB 8800A. Manufacturer: June 4, 1970. powder suitable for preparing a solution; demecarium bromide preparations are LK B Produkter AB, Sweden. Intended Charley M. D enton, in the form of sterile, aqueous solutions; use of article: The article will be used to Assistant Administrator for In ­ isoflurophate preparations are in oint­ section lung, kidney, stomach, and heart. dustry Operations, Business These materials are to be investigated ment or sterile oleaginous liquid form. and Defense Services Admin-, Each preparation is suitable for for characteristic changes in arteries, ar­ istration. terioles, capillaries, muscle cells, epithe­ ophthalmic administration. [F.R. Doc. 70-8000; Filed, June 24, 1970; C. Labeling conditions. 1. The label lial elements and other ultrastructural 8:45 a.m.] alterations incident to experimental in­ bears the statement “Caution: Federal sult or disease, in order to determine law prohibits dispensing without pre­ pathological changes and effects of ther­ scription” and a statement that the apeutic modalities. Application received drug is or is not sterile. ’ \ by Commissioner of Customs: June 3, DEPARTMENT OF HEALTH, 2. The drug is labeled to comply with 1970. all requirements of the Act and regula­ Docket No. 70-00773-33-11700. Appli­ EDUCATION, AND WELFARE tions. The labeling bears adequate in­ cant: American Health Foundation, 180 Food and Drug Administration formation for safe and effective use of East End Avenue, New York, N.Y. 10028. such drugs and is in accord with the Article: Automatic smoking machine, [DESI 654] guidelines for uniform labeling published Model RM 20/68. Manufacturer: Heinr. CERTAIN ANTICHOLINESTERASE in the F ederal R egister of February 6, Borgwaldt, West Germany. Intended use DRUGS FOR OPHTHALMIC USE 1970. The “Indications” section of the of article: The article will be used for labeling is as follows scientific chemical and biological exam­ Drugs for Human Use; Drug Efficacy I ndications inations of tobacco and tobacco smoke Study Implementation for research in tobacco carcinogenesis. Glaucoma of the open-angle type; condi­ The Food and Drug Administration tions obstructing aqueous outflow such as Application received by Commissioner of synechial fofhiation, which are amenable to Customs: June 3, 1970. has evaluated reports received from the National Academy of Sciences-National miotic therapy; and following iridectomy. Docket No. 70-00774-63-46500. Appli­ Accommodative esotropia. Research Council, Drug Efficacy Study cant: North Carolina State University, Group, on the following anticholines­ D. Marketing status. M ark etin g of the Raleigh, N.C. 27607. Article: Ultramicro­ terase drugs for ophthalmic use: drug may continue under the conditions tome, Model OmU2. Manufacturer: C. 1. Echothiophate iodide, marketed as described in items III and IV of this Reichert Optische Werke AG, Austria. announcement. Intended use of article: The article will Phospholine Iodide, 3.0, 6.25, and 12.5 H. Neostigmine bromide— A. Effective­ be used to consistently produce thin sec­ mg. per 5 ml., by Ayerst Laboratories, ness classification. 1. The Food and Drug tions for research involving the fungus Inc., 685 Third Avenue, New York, N.Y. Administration concludes that neo­ Glomerella magna in which electron mi­ 10017 (NDA 11-963). stigmine bromide is effective in the man­ croscope techniques will be coordinated 2. Isoflurophate, marketed as Floro- agement of open angle glaucoma as well with biochemical, physiological, cyto- pryl Ophthalmic Ointment, 0.25 mg. per as certain categories of the secondary logical, genetical and host-parasitic in­ Gm„ by Merck & Co., Inc., Rahway, N.J. teraction studies in an attempt to under­ 07065 (NDA 10-656). type (e.g., due to peripheral synechias

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 NOTICES 10393

following cataract surgery) ; and local viated new-drug applications, section than the use provided for in this an­ treatment of accommodative esotropia. 130.4(f) published in the F ederal R e g is ­ nouncement, appropriate additional 2. The drug is regarded as probablyter April 24, 1970 (35 F.R. 6574). (One information as described in §§ 130.4 and effective for the following indications: supplement may contain all the informa­ 130.9 of the regulations (21 CFR 130.4, Local treatment of myasthenia gravis tion described in this paragraph.) 130.9) may be required, including re­ confined to extraocular muscles and lids ; B. Such supplements should be sub- sults of animal and plinical tests in­ and, in alternating with a mydriatic drug . mitted within the following time periods tended to show whether the drug is (such as atropine), to break up adhe­ after the date of publication of this no­ safe and effective. sions to the iris, lens, and cornea. tice in the F ederal R e g is t e r : A copy of the NAS-NRC report has B. Form of drug. Neostigmine bromide 1. 60 days for revised labeling— the been furnished to each firm referred to preparations are in sterile solution form supplement should be submitted under above. Any other interested person may suitable for ophthalmic administration. the provisions of section 130.9 (d) and obtain a copy by request to the appro­ C. Labeling conditions. 1. The label (e) of the new-drug regulations (21 CFR priate office named below. bears that statement “Caution: Federal 130.9) which permit certain changes to Communications forwarded in re­ law prohibits dispensing without pre­ be put into effect at the earliest possible sponse to this announcement should be scription” and â statement that the time. identified with the reference number, product is sterile. 2. 60 days for updating information. DESI 654, and be directed to the atten­ 2. The drug is labeled to comply with C. Marketing of the drug may con­ tion of the following appropriate office all requirements of the Act and regula­ tinue until the supplemental applications and, unless otherwise specified below, tions. Its labeling bears adequate in­ submitted in accord with the preceding be addressed to the Food and Drug formation for the safe and effective use subparagraphs A and B are acted upon, Administration, 5600 Fishers Lane, of such drug and is in accord with the provided that within 60 days after the Rockville, Md. 20852. guidelines for uniform labeling published date of this publication, the labeling of Supplements (Identify with NDA number) : F ederal R egister 6, in the of February the preparation shipped within the juris­ Office of Marketed Drugs (BD-200), Bureau 1970. The “Indications” section of the diction of the Act is in accord with the of Drugs. labeling is as follows: labeling conditions described in this an­ Original abbreviated new-drug applications: I ndications nouncement. (It may continue to include Office of Marketed Drugs (BD-200), Bureau the indications referenced in II-D for of Drugs. Glaucoma of the open-angle type; condi­ the period stated.) All other communications regarding this tions obstructing aqueous outflow, such as IV. New applications. A. Any other per­ announcement: Special Assistant for Drug synechlal formation, which are amenable Efficacy Study Implementation (BD-201), to miotic therapy. son who distributes or intends to dis­ tribute such drug which is intended for Bureau of Drugs. Accommodative esotropia. Requests for NAS-NRC report: Press Rela­ Ptosis and paresis of extraocular muscles the conditions of use for which it has tions Office (CE-200), Food and Drug due to myasthenia gravis. been shown to be effective, as described Administration, 200 C Street SW., Wash­ Alternating with a mydriatic drug (such as under I-A or II-A (effectiveness classi­ ington, D.C. 20204. atropine) to break up adhesions to the iris, fication) should submit an abbreviated lens, and cornea. new-drug application meeting the .con­ This notice is issued pursuant to pro­ D. Claims permitted during extended ditions specified in regulation 130.4(f) (1) visions 6f the Federal Food, Drug and period for obtaining substantial evidence. and (2), published in the F ederal R e g is ­ Cosmetic Act (secs. 502, 505, 52 Stat. Those claims for which the drug is de­ ter April 24, 1970 (35 F.R. 6574). Such 1050-53, as amended; 21 U.S.C. 352, 355) scribed in paragraph II-A2 above as applications should include proposed and under authority delegated to the probably effective are included in the labeling which is in accord with the label­ Commissioner of Food and Drugs (21 labeling conditions in paragraph C and ing conditions described herein. CFR 2.120). . may continue to be used for '12 months B. Distribution of any such prepara­ Dated: June 9, 1970. following the date of this publication to tion currently on the market without an allow additional time within which approved new-drug application may be 3 a m D. F i n e , holders of previously approved applica­ continued provided that: Acting Associate Commissioner tions or persons marketing the drug 1. Within 60 days from the date of for Compliance. without approval may obtain and submit publication of this announcement in the [F.R. Doc. 70-8011; Filed, June 24, 1970; to the Food and Drug Administration F ederal R e g ist e r , the labeling of such 8:46 a.m.] data to provide substantial evidence of preparation shipped within the jurisdic­ effectiveness. tion of the Act is in accord with the label­ [DESI 9955] E. Marketing status. Marketing of the ing conditions described herein. (It may drug may continue under the conditions continue to include the indications ref­ ORAL PROTEOLYTIC ENZYMES described in items III and IV of this an­ erenced in II-D for the period stated.) Drugs for Human Use; Drug Efficacy nouncement except that the indications 2. The manufacturer, packer, or dis­ Study Implementation referenced in II-D above may continue tributor of such drug submits within 60 to be included in labeling for the period days from the date of this publication, a The Food and Drug Administration stated. new-drug application to the Food and has evaluated reports received from the III. Previously approved applications. Drug Administration. National Academy of Sciences-National A. Each holder of a “deemed approved” 3. The applicant submits within a rea­ Research Council, Drug Efficacy Study new-drug application (i.e., an applica­ sonable time additional information that Group, on the following proteolytic en­ tion which became effective on the basis may be required for the approval of the zyme drugs for oral use: of safety prior to October 10, 1962) for application as specified in a written com­ 1. Cytolav capsules, 7,000 N.F. units such drug is requested to seek approval munication from the Food and Drug chymotrypsin; formerly marketed by of the claims of effectiveness and bring Administration. Armour Pharmaceutical Co., Box 511, the application into conformance by 4. The application has not been ruled Kankakee, 111. 60901 (ND A 9-955). submitting supplements containing: incomplete or unapprovable. 2. Wilzyme enteric coated tablets, 1. Revised labeling as needed to con­ V. Unapproved use or form of drug. 50,000 units of proteolytic activity (ap­ form to the labeling conditions described 1. If the article is labeled or advertised proximately 3 to 1 ratio of trypsin herein for the drug, and complete cur­ for use in any condition other than those activity to chymotrypsin activity) ; mar­ rent container labeling, unless recently provided for in this announcement, it keted by the Wilson Laboratories, 4221 submitted. may be regarded as an unapproved new South Western Boulevard, Chicago, 111. 2. Updating information as needed to drug subject to regulatory proceedings 60609 (ND A 12-724). make the application current in regard until such recommended use is approved 3. Orenzyme enteric coated tablets, 68 to item 6 (components), 7 (composition), in a new-drug application, or is other­ percent trypsin crystallized, 30 percent and 8 (methods, facilities, and controls) wise in accord with this announcement. chymotrypsin, and 2 percent ribo­ " L u new-drug application form F D - 2. If the article is proposed for mar­nucléase equivalent in proteolytic activ­ ¿56H to the extent described for abbre­ keting in another form or for a use other ity to 20 mg. of trypsin crystallized;

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 10394 NOTICES marketed by the National Drug Co., 2. The labeling of any such prepara­ Original new-drug applications: Office of Division of Richardson-Merrell, Inc., tions on the market without an approved New Drugs (BD-100), Bureau of Drugs. new-drug application should be revised if All other communications regarding this 4663 Stenton Avenue, Philadelphia, Pa. announcement: Special Assistant for Drug 19144 (N D A 11-783). such labeling includes those indications Efficacy Study Implementation (BD-201), 4. Papase tablets; proteolytic enzymes for which the drug has been classified as Bureau of Drugs. extracted from Carica papaya equivalent lacking substantial evidence of effective­ Requests for NAS-NRC reports: Press Re­ to 10,000 units enzyme activity; marketed ness as described in paragraph A-2 above. lations Office (CE-200), 200 C Street SW., by Warner-Chilcott Laboratories Divi­ Failure to delete such indications and put Washington, D.C. 20204. sion, Warner-Lambert Pharmaceutical the revised labeling into use within 60 This notice is issued pursuant to Co., 201 Tabor Road, Morris Plains, N.J. days after the publication date of this provisions of the Federal Food, Drug, 07950 (NDA 12-293). announcement in the F ederal R eg ister and Cosmetic Act (secs. 502, 505, 52 Stat. 5. Avazyme enteric coated tablets, 20 may cause the drug to be subject to regu­ 1050-53, as amended; 21 U.S.C. 352, 355) mg. Chymotrypsin; marketed by W am - latory proceedings. and under authority delegated to the 3. Holders of previously approved new- pole Laboratories, 35 Commerce Road, Commissioner of Food and Drugs (21 drug applications and any person mar­ Stamford, Conn. 06902 (NDA 12-626). CFR 2.120). 6. Chymar Buccal tablets, 10,000 N.P. keting any such drug without approval units Chymotrypsin; marketed by Ar­ will be allowed 6 months from the date of Dated: June 9,1970. mour Pharmaceutical Co. (ND A 11-908). publication of this announcement in the S a m D . F i n e , F ederal R e g ister to obtain and to submit 7. Ananase enteric coated tablets, con­ Acting Associate Commissioner in a supplemental or original new-drug for Compliance. taining bromelains equivalent to 50,000 application data to provide substantial units enzyme activity; marketed by evidence of effectiveness for those in­ [P.R. Doc. 70-8014; Piled, June 24, 1970; William H. Rorer, Inc., 500 Virginia dications for which these drugs have been 8:46 a.m.] Drive, Port Washington, Pa. 19034 (NDA classified as possibly effective. To be ac­ 12-527). ceptable for consideration in support of [DESI 6566] 8. Chymoral enteric coated tablets, the effectiveness of a drug, any such data trypsin and Chymotrypsin equivalent to must be previously unsubmitted, well- OXANAMIDE AND CERTAIN OTHER 50,000 units enzyme activity; marketed organized, and include data from ade­ DRUGS by Armour Pharmaceutical Co. (NDA quate and well-controlled clinical in­ 12-178). vestigations (identified for ready re­ Drugs for Human Use; Drug Efficacy 9. Buclamase tablets, 10 mg. alpha view) as described in § 130.12(a)(5) of Study Implementation amylase; marketed by Rystan Co., 117 the regulations published as a final The Food and Drug Administration Mount Vernon Avenue, Mount Vernon, order in the F ederal R e g ister of May 8, has evaluated reports received from the N.Y. 10550 (ND A 12-118). 1970 (35 F.R. 7250). Carefully conducted National Academy of Scienoes-National These drugs are regarded as new and documented clinical studies ob­ Research Council, Drug Efficacy Study drugs. The effectiveness classification tained under uncontrolled or partially Group, on the following drugs: controlled situations are not acceptable and marketing status are described A. Preparation containing oxanamide: below. as a sole basis for the approval of claims of effectiveness, but such studies-may Quiactin tablets, 400 milligrams oxana­ A. Effectiveness classification. The mide per tablet; The William S. Merrell . be considered on their merits for cor­ Food and Drug Administration has con­ Co., Division Richardson Merrell, Inc., roborative support of efficacy and evi­ sidered the Academy reports and con­ 110 East Amity Road, Cincinnati, Ohio dence of safety. cludes that: 45215 (ND A 10-811). 4. At the end of the 6-month period, 1. These proteolytic enzyme drugs are B. Preparation containing ectylurea: any such data will be evaluated to deter­ possibly effective for diagnostic gastric Levanil tablets, 300 milligrams ectylurea mine whether there is substantial evi­ lavage and for relieving symptomatology per tablet; The Upjohn Co., 7171 Portage dence of effectiveness J o r such uses. related to episiotomy. Road, Kalamazoo, Mich. 49002 (NDA After that evaluation, the conclusions 2. These proteolytic enzyme drugs lack 11-577). concerning the drugs will be published substantial evidence of effectiveness for C. Preparations containing chlor- in the F ederal R e g ist e r . If no studies all other claims for prevention, reduction, mezanone: or resolution of inflammation, edema, have been undertaken or if the studies do not provide substantial evidence of 1. Trancopal caplets, 100 milligrams and pain in specifically enumerated con­ or 200 milligrams chlormezanone per ditions related to accidents, dentistry, effectiveness, procedures will be initi­ tablet (ND A 11-467); dermatology, genitourinary diseases, ated to withdraw approval of the new- 2. Fenarol tablets, 100 milligrams or obstetrics, gynecology, respiratory tract drug applications for such drugs, pur­ diseases, surgery, infections, otorhino­ suant to the provisions of section 505(e) 200 milligrams chlormezanone per tablet laryngology, gastrointestinal disorders, of the Federal Food, Drug, and Cosmetic (N D A 11-724) ; and connective tissue disorders. Act. Withdrawal of approval of the ap­ 3. Trancoprin tablets, 50 milligrams B. Marketing status. 1. Within 60 days plications will cause any such drugs on chlormezanone and 300 milligrams of the date of publication of this an­ the market to be new drugs for which an aspirin per tablet (ND A 12-188) ; and approval is not in effect. nouncement in the F ederal R e g ist e r , the 4. Tranco-gesic tablets, 100 milligrams holder of any previously approved new- The above-named holders of the new- chlormezanone and 300 milligrams drug application for these drugs is re­ drug applications for these drugs have aspirin per tablet (ND A 12-188) ; all quested to submit a supplement to his been mailed a copy of the NAS-NRC marketed by Winthrop Laboratories, application to provide for labeling which report. Any interested person may ob­ Division of Sterling Drug, Inc., 90 Park deletes those’indications for which the tain a copy of these reports by writing Avenue, New York, N.Y. 10016. drug has been classified as lacking sub­ to the office named below. D. Preparations containing m ephen- stantial evidence of effectiveness as de­ Communications forwarded in re­ oxalone : scribed in paragraph A-2 above. Such sponse to this announcement should be, 1. Lenetran tablets, 400 milligrams supplements should be submitted under identified with the reference number mephenoxalone per tablet; Lakeside the provisions of § 130.9 (d) and (e) of DESI 9955 and be directed to the atten­ Laboratories, Division of Colgate-Palm­ the new-drug regulations (21 CPR 130.9 tion of the following appropriate office olive Co., 1707 East North Avenue, (d) and (e)) which permit certain and, unless otherwise specified, ad­ Milwaukee, Wis. 53201 (NDA 13-261). changes to be put into effect at the dressed to the Food and Drug Admin­ 2. Trepidone tablets, 400 milligrams earliest possible time, and the revised istration, 5600 Fishers Lane, Rockville,' mephenoxalone per tablet; Lederle Lab­ labeling should be put into use within the Md. 20852: oratories Division, American Cyanamid 60-day period. Failure to do so may re­ Supplements (identify with NDA num­ Co., West Middletown Road, Pearl River, sult in a proposal to withdraw, approval ber) : Office of Marketed Drugs (B D -200), of the new-drug application. Bureau of Drugs. N.Y. 10965 (NDA 12-471).

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 NOTICES 10395

E. Preparation containing benactyzine spasticity, and similarly labeled indica­ thritis; and as an adjunct in drug hydrochloride: Suavitil tablets, 1 milli­ tions; for its tranquilizer action as an ad­ addiction. gram benactyzine hydrochloride per juvant in the treatment of spasm of the k. Mephenesin carbamate for skeletal tablet; Merck, Sharp and Dohme, Divi­ colon, gastroduodenal ulcer pain, asthma, muscle spasm associated with certain sion Merck & Co., Inc., West Point, Pa. angina pectoris, and hyperhidrosis; in neurologic disorders (hemiplegia, para­ 19486 (NDA 10-723). cases of obsessive-compulsive neuroses, plegia, diplegia, parkinsonism, cerebral F. Preparation containing hydroxy- phobias, and depressive states; in cases palsy, multiple sclerosis, facial tic, Hunt­ phenamate: Listica tablets, 200 milli­ of chronic exhaustion, in alcoholism, in ington’s chorea, petit mal epilepsy, some grams hydroxyphenamate per tablet; ulcer syndrome, and for the alleviation brain and spinal cord injuries) and as a Armour Pharmaceutical Co., Box 511, of dysmenorrhea and premenstrual ten­ diagnostic and prognostic agent in these Kankakee, 111. 60901 (NDA 12-658). sion; as a nonhypnotic central relaxant conditions; and for the control of ab­ G. Preparation containing emylca- and tranquilizer for the treatment of normal neuromuscular mechanisms re­ mate: Striatran tablets, 200 milligrams muscle spasm associated with a variety of sponsible for muscle spasm, spasticity, emylcamate per tablet; Merck, Sharp & musculo-skeletal and/or neurologic dis­ rigidity, tremor, and the dyskinesias. Dohme (NDA 12-349). orders; and in conditions requiring 2. The drugs listed in this announce­ H. Preparations containing metho­ muscle relexant action on the basis of a ment are regarded as possibly effective carbamol: musculo-skeletal etiology, e.g., low back for their labeled indications other than I. Robaxin tablets, 500 milligrams pain, bursitis, rheumatoid arthritis, those indications described in paragraph methocarbamol per tablet (NDA 11-011); osteo-arthritis, and disc syndrome. A—1. 2. Robaxin-750 tablets, 750 milligrams d. Mephenoxalone as adjunctive ther­ B. Marketing status. 1. Within 60 days methocarbamol per tablet (ND A 11—011); apy in premenstrual tension, dysmenor­ of the date of publication of this an­ and rhea, alcoholism, in patients undergoing nouncement in the F ederal R e g ist e r , 3. Robaxin Injectable, 100 milligrams the climacteric, patients with psychoso­ the holder of any previously approved methocarbamol per milliliter (ND A 11- matic disease or with subjective com­ new-drug application for those drugs 790); all marketed by A. H. Robins Co., plaints unsubstantiated by objective listed in A - l above (effectiveness classifi­ 1407 Cummings Drive, Richmond, Va. findings; and as a central nervous cation) is requested to submit a supple­ 23220. system relaxant. ment to his application to provide for I. Preparations containing orphen- e. Benactyzine in the treatment of labeling which deletes those indications adrine citrate: psychoneurotic disorders with anxiety for which the drug has been classified as 1. Norflex tablets, 100 milligrams or- reaction and of obsessive-compulsive lacking substantial evidence of effective­ phenadrine citrate per tablet (NDA 12- reaction. ness as described in that same paragraph 157); and f. Hydroxyphenamate for the relief of above. Such supplements should be sub­ 2. Norflex Injectable; 60 milligrams and adjunctive use in anxiety and tension mitted under the provisions of section orphenadrine citrate per 2 milliliter states associated with alcoholism, allergy, 130.9 (d) and (e) of the new-drug regu­ (NDA 13-055); both marketed by Riker anxiety and neurosis, bronchial asthma lations.^ CFR 130.9 (d) and (e )) which Laboratories, 19901 Nordhoff Street, and bronchitis, cardiovascular disease, permit certain changes to be put into Northridge, Calif. 91326. dermatologic disorders, gastrointestinal effect at the earliest possible time, and J. Preparations containing mephene-disorders, headache due to tension, ob­ the revised labeling should be put into sin or mephenesin carbamate: stetric and gynecologic disorders, sur­ use within the 60-day period. Failure to 1. Tolserol tablets, 0.5 gram mephene­ gery and trauma. do so may result in a proposal to sin per tablet (NDA 6-566); g. Emyloamate for the relief of anxiety withdraw approval of the new-drug 2. Tolserol Elixir, 0.5 gram mephenesin and nervous tension, restlessness, tremor, application. per 5 milliliter (ND A 6-566) ; and irritability in alcoholics; in psy­ 2. The labeling of any preparation re­ 3. Tolserol Injection, 20 milligrams choses; as a transquilizer and muscle ferred to in paragraph A - l above (effec­ mephenesin per milliliter (NDA 6-566); relaxant in the symptomatic treatment tiveness classification) which is on the 4. Tolseram tablets, 0.5 gram mephen­ of a variety of psychosomatic and psy­ market without an approved new-drug esin carbamate per tablet (ND A 9-157); choneurotic disorders; and as an adjunct application should be revised if such and in the management of patients with labeling includes those indications for 5. Tolseram Suspension, 1 gram fractures, sprains, skeletal-muscle strain, which the drug has been classified as mephenesin carbamate per 5 milliliter myalgia, and myositis. lacking substantial evidence of effective­ (NDA 9-157); all marketed by E. R. h. Methocarbamol in the treatment of ness. Failure to delete such indications Squibb & Sons, Inc., Division Olin acute skeletal muscle hyperactivity sec­ and put the revised labeling into use Mathieson Chemical Corp., 745 Fifth ondary to chronic neurologic disorders, within 60 days after the publication date Avenue, New York, N.Y. 10022. e.g., parkinsonism, cerebrovascular acci­ of this announcement in the F ederal These drugs are regarded as new drugs. dents, multiple sclerosis, and cerebral R eg ister may cause the drug to be sub­ The effectiveness classification and mar­ palsy. ject to regulatory proceedings. keting status are described below. i. Mephenesin in oral form for skeletal 3. Holders of previously approved new- A. Effectiveness classification. 1. The muscle spasm associated with certain drug applications for all drugs described Pood and Drug Administration has con­ neurologic disorders (hemiplegia, para­ in this notice and persons marketing any sidered reports of the Academy as well plegia, diplegia, parkinsonism, cerebral such drug without approval will be al­ as other available evidence and has palsy, multiple sclerosis, facial tic, Hunt­ lowed 6 months from the date of publi­ concluded that there is a lack of ingtons chorea, petit mal epilepsy, some cation of this announcement in the substantial evidence of effectiveness of: brain and spinal cord injuries) and as a F ederal R e g ister to obtain and to sub­ a. Oxanamide for adjunctive therapy diagnostic and prognostic, agent in these mit in a supplemental or original new- m any condition aggravated by emotional conditions, for the control of abnormal drug application data to provide sub­ factors; and the treatment of emotional neuromuscular mechanisms responsible stantial evidence of effectiveness for conditions that may accompany disease. for muscle spasm, spasticity, rigidity, those indications for which these drugs b. Ectylurea for use in moderately tremor, and the dyskinesias; and as an have been classified as possibly effective. overactive psychotic patients whose ab­ adjunct in drug addiction. To be acceptable for consideration in normal behavior is due to anxiety and tension. j. Mephenesin injectable for the con­ support of the effectiveness of a drug, trol of abnormal neuromuscular mech­ any such data must be previously un­ c. Chlormezanone for use as a relaxant anisms responsible for muscle spasm, submitted, well-organized, and include of the striated muscles in spastic and spasticity, rigidity, tremor, and the dy­ data from adequate and well-controlled painful conditions of the striated muscles, skinesias; to produce relaxation during clinical investigations (identified for eg * lumbago and torticollis and in examination of spastic patients; iiy psy­ ready review) as described in § 130.12 neurologic conditions, e.g., Parkinson’s chotherapy for recall and Revelation of (a) (5) of the regulations published as a disease, multiple sclerosis, poliomyelitis, painful experiences; to elicit the basic final order in the F ederal R e g ister of cerebrovascular accidents, '“postenceph­ mechanisms underlying changes in acute May 8, 1970 (35 F.R. 7250). Carefully alitic or atherosclerotic syndromes,” poliomyelitis and Marie-Strümpell ar­ conducted and documented clinical

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 103% NOTICES studies obtained under uncontrolled or 1. Trypsin Injection containing trypsin the F ederal R egister. T o be acceptable partially controlled situations are not crystallized equivalent to 12,500 units of for consideration in support of the ef­ acceptable as a sole basis for the ap­ proteolytic activity per ml.; marketed by fectiveness of a drug, any such data proval of claims of effectiveness, but the Wilson Laboratories, Division of W il­ must be previously unsubmitted, well- such studies may be considered on their son and Co., Inc., 4221 South Western organized, and include data from ade­ merits for corroborative support of effi­ Avenue, Chicago, 111. 60609 (N D A 11- quate and well-controlled clinical inves­ cacy and evidence of safety. 883). tigations (identified for ready review) as 4. At the end of the 6-month period, 2. Chymotrypsin Injection containing described in section 130.12(a)(5) of the any such data will be evaluated to de­ chymotrypsin equivalent to 5,000 units of regulations published as a final order in termine whether there is substantial proteolytic activity per ml.; marketed the F ederal R egister of May 8, 1970 evidence of effectiveness for such uses. by the Wilson Laboratories (NDA 11- (35 F.R. 7250). Carefully conducted and After that evaluation, the conclusions 882). documented clinical studies obtained concerning the drugs will be published 3. Chymar-L Powder for Injection, under uncontrolled or partially con­ in the F ederal R egister. If no studies containing chymotrypsin equivalent to trolled situations are not acceptable as have been undertaken or if the studies 5.000 N.F. units per vial; marketed by a sole basis for the approval of claims do not provide substantial evidence of Armour Pharmaceutical Co., Box 511, of effectiveness, but such studies may effectiveness, procedures will be initiated Kankakee, 111. 60901 (ND A 10-992). be considered on their merits for cor­ to withdraw approval of the new-drug 4. Parenzyme Aqueous for Injection, roborative support of efficacy and evi­ applications for such drugs, pursuant to containing trypsin crystallized equivalent dence of safety. the provisions of section 505(e) of the to 62,500 or 12,500 N.F. units per vial; This announcement of the proposed Federal Food, Drug, and Cosmetic Act. marketed by the National Drug Co., Divi­ action and implementation of the NAS- Withdrawal of approval of the applica­ sion of Richardson-Merrell, Inc., 4663 NRC report for the above drugs is made tions will cause any such drugs on the Stenton Avenue, Philadelphia, Pa. 19144 to give notice to persons who might be market to be new drugs for which an (N D A 10-522). adversely affected by withdrawal of approval is not in effect. 5. Chymar Injection in Oil, contain­ these drugs from the market. Promulga­ The above-named holders of the new- ing chymotrypsin equivalent to 5,000 N.F. tion of an order withdrawing approval drug applications for these drugs have units per ml.; marketed by Armour Phar­ of the new-drug applications will cause been mailed a copy of the NAS-NRC maceutical Co. (N D A 10-110). any such drug on the market offered for report. Any interested person may obtain 6. Chymar Aqueous Injection, con­ these uses to be a new drug for which a copy of a report by writing to the taining chymotrypsin equivalent to 5,000. an approved new-drug application is not office named below. N.F. units per ml.; marketed by Armour in effect,' and will make it subject to Communications forwarded in re­ Pharmaceutical Co. (ND A 11-007). regulatory action.. sponse to this announcement should be 7. Chymotrypsin injection containing A copy of the NAS-NRC report has identified with the reference number 5.000 units per ml.; marketed by Chi­ been furnished to each firm referred to DESI 6566 and be directed to the atten­ cago Pharmacal Division, Conal Phar­ above. Any other interested person may tion of the following appropriate office maceuticals, Inc., 5547 North Ravens- obtain a copy by request to the appro­ and, unless otherwise specified, be ad­ wood, Chicago, HI. 60640 (N D A 12-743). priate office named below. dressed to the Food and Drug Adminis­ 8. Parenzyme Ointment, containing Communications forwarded in re­ tration, 5600 Fishers Lane, Rockville, trypsin crystallized equivalent to 5,000 sponse to this announcement should be Md. 20852: N.F. units per gm., chymotrypsin 6,000 identified with the reference number Supplements (identify with NDA number) : N.F. units per gm., and aminacrine DESI 10110, and should be directed to Office of Marketed Drugs (BD-200), B u­ hydrochloride 2 mg. per gm.; formerly the attention of the following appro­ reau of Drugs. marketed by the National Drug Co. (ND A priate office: Original new-drug applications: Office of 11-252). New Drugs (BD-100), Bureau of Drugs. A. Effectiveness classification. The Requests for NAS-NRC report : Food and All other communications regarding this an­ Drug Administration Press Relations Staff Food and Drug Administration has con­ (CE—200), 200 C Street SW., Washington, nouncement: Special Assistant for Drug sidered the Academy reports, as well as Efficacy Study Implementation (BD-201), D.C. 20204. All other communications regarding this an­ Bureau of Drugs. other available evidence, and concludes nouncement: Food and Drug Administra­ Requests for NAS-NRC report: Press Rela­ that: tion, Special Assistant for Drug Efficacy tions Staff (CE—200), 200 “C” Street SW., 1. Preparations containing trypsin or Study Implementation (BD-201), Bureau Washington, D.C. 20204. chymotrypsin for intramuscular injec­ of Drugs, 5600 Fishers Lane, Rockville, Md. tion lack substantial evidence of effec­ This notice is issued pursuant to pro­ 20852. tiveness for all their claimed indications, visions of the Federal Food, Drug, and including recommendations for their use This notice is issued pursuant to pro­ Cosmetic Act (sec. 502, 505, 52 Stat. for preventing or resolving acute inflam­ visions of the Federal Food, Drug, and 1050-53, as amended; 21 U.S.C. 352, 355) mation and edema in a variety of Cosmetic Act (secs. 502, 505, 52 Stat. and under authority delegated to the conditions. 1050-53, as amended; 21 U.S.C. 352, 355) Commissioner of Food and Drugs (21 2. Topical preparations containing and under authority delegated to the CFR 2.120). trypsin, chymotrypsin, and aminacrine Commissioner of Food and Drugs (21 Dated: June 9,1970. hydrochloride lack substantial evidence CFR 2.120). Sam D. F in e, of effectiveness for labeled claims for Dated: June 9, 1970. Acting Associate Commissioner anti-infective and debriding actions on f or Compliance. sloughing and necrotic or infected tis­ Sam D. F ine, sues associated with wounds, burns Acting Associate Commissioner [F.R. Doc. 70-8012; Piled, June 24, 1970; for Compliance. 8:46 a.m.j (second and third degree), and ulcers (decubitus, diabetic, or varicose). [F.R. Doc. 70-8015; Filed, June 24, 1970; [DESI 10110] Accordingly, the Commissioner of 8:46 a.m.] Food and Drugs intends to initiate pro­ TRYPSIN OR CHYMOTRYPSIN ceedings to withdraw approval of the INJECTION AND OINTMENT new-drug applications for these drugs. Office of Education Drugs for Human Use; Drug Efficacy Prior to initiating such action, how­ EDUCATION PROFESSIONS ever, the Commission invites the hold­ DEVELOPMENT Study Implementation ers of new-drug applications for these The Food and Drug Administration drugs, and any interested person who Closing Date for Certain Programs has evaluated reports received from the may be adversely affected by removal of During 1972 Fiscal Year National Academy of Sciences-National these drugs from the market, to submit Research Council, Drug Efficacy Study any pertinent data bearing on the pro­ Notice of establishment of closing date Group, on the following proteolytic en­ posal not later than 30 days following for receipt Of letters of interest for cer­ zyme drugs for injection or topical use: the date of publication of this notice in tain programs to be conducted during

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 NOTICES 10397

the Fiscal Year 1972 under the Educa­ involving grants for water and/or sewer Commission’s Public Document Room at tion Professions Development Act (Pub­ facilities. 1717 H Street NW., Washington, D.C. lic Law 90-35) as amended. 2. To amend or modify any such grant 20545. The Education Professions Develop­ agreement. ment Act (Title V of the Higher Educa­ Dated at Bethesda, Md., June 16, tion Act of 1965, as amended) provides S e c . B. Revocation. The redelegation 1970. of authority by the Regional Adminis­ for programs to improve the quality of For the Atomic Energy Commission. education and to help meet critical short­ trator to the Assistant Regional Admin­ istrator and Deputy Assistant Regional ages of adequately trained educational L y a l l Jo h n s o n , personnel. Administrator for Metropolitan Devel­ Acting Director, Notice is hereby given that in order to opment, Region V, Fort Worth, with re­ Division of Materials Licensing. spect to the basic water and sewer fa­ be assured of consideration, letters of [F.R. Doc. 70-8013; Filed, June 24, 1970; interest of State and local education cilities grant program, under section A, 8:46 a.m.] agencies and institutions of higher edu­ 2, of the document published at 32 F.R. cation to participate in new projects 4083, March 15,1967, is revoked as of the under the Education Professions Devel­ date of publication of this document in the F ederal R e g ist e r . opment Act during the Fiscal Year 1972 FEDERAL POWER COMMISSION must be received in the U.S. Office of (Redelegation of authority by Assistant Sec­ [Docket No. G-5211 etc.] Education by September 15, 1970. retary for Metropolitan Planning and Devel­ New applicants submitting letters of opment effective March 31, 1970, 35 F.R. 8303, CRYSTAL OIL CO. May 27, 1970.) interest in the Teacher Corps (Title V - Notice of Petition To Amend B -l) and Vocational Education (Title Effective date of redelegation of au­ V-F) should do so immediately. thority. This redelegation of authority J u n e 17,1970. This procedure does not apply to cur­ shall be effective as of May 27, 1970. Take notice that on February 24, 1970, rent projects with multiyear clauses in Crystal Oil Co. (formerly Crystal Oil W . W . C o l l in s , their grant documents. Procedures for and Land Co.) filed in Docket No. G - reapplying for continuing funding Regional Administrator, Fort Worth Regional Office. 5211, et al., a petition to amend the will be announced directly to those orders issuing certificates of public con­ concerned. [F.R. Doc. 70-8067; Filed, June 24, 1970; venience and necessity pursuant to sec­ Basic information is being sent to all 8:50 a.m.] tion 7(c) of the Natural Gas Act in said professional personnel on the mailing dockets to reflect a change in corporate roster of the programs. Further infor­ name from Crystal Oil and Land Co., mation «lay be obtained from the Public effective May 15, 1969, all as more fully Information Director, Bureau of Educa­ ATOMIC ENERGY COMMISSION set forth in the petition to amend which tional Personnel Development, U.S. Office [License 04-13624-01E] is on file with the Commission and open of Education, Washington, D.C. 20202. to public inspection. Dated: June 19,1970. KOLLMORGEN CORP. Any person desiring to be heard or to make any protest with reference to said Notice of Issuance of Byproduct T errel H . B e l l , petition to amend should on or before Acting U.S. Commissioner Material License July 13, 1970, file with the Federal Power of Education. Please take notice the Atomic Energy Commission, Washington, D.C. 20426, a [F.R. Doc. 70-8010; Filed, June 24, 1970; Commission has, pursuant to § 32.22 of petition to intervene or a protest in ac­ 8:46 a.m.] 10 CFR Part 32, issued to Kollmorgen cordance with the requirements of the Corp., 3000 North Hollywood Way Commission’s rules of practice and pro­ Burbank, Calif. 91502, License No. 04- cedure (18 CFR 1.8 or 1.10). All protests 13624-01E, which authorizes the distribu­ filed with the Commission will be con­ DEPARTMENT OF HOUSING tion of Photo Research Model 1970-PR sidered by it in determining the appro­ Spectra Pritchard photometer to per­ priate action to be taken but will not AND URDAN DEVELOPMENT sons exempt from the requirements for serve to make the protestants parties to the proceeding. Any person wishing to ASSISTANT REGIONAL ADMINISTRA­ a license for byproduct material pur­ suant to § 30.19 of 10 CFR Part 30. become a party to a proceeding or to TOR AND DEPUTY ASSISTANT RE­ 1. The photometer is a precision in­ participate as a party in any hearing GIONAL ADMINISTRATOR FOR strument designed to measure bright­ therein must file a petition to intervene METROPOLITAN DEVELOPMENT, ness levels. It consists of a phototube as­ in accordance with the Commission’s rules. FORT WORTH REGIONAL OFFICE sembly, a series of lenses, and associated electronics housed in an aluminum case. G o r d o n M . G r a n t , Redelegation of Authority With Re­ A 30-microcurie, krypton-85 source Secretary. spect to Basic Water and Sewer Fa­ positioned inside the unit behind the [F.R. Doc. 70-8004; Filed, June- 24, 1970; cilities Grant Program. phototube functions as a light standard 8:45 a.m.] for calibration of the unit. S e c t io n A. Authority redelegated. The Assistant Regional Administrator for 2. The radioactive krypton-85 gas is [Docket No. R I 70-1717 etc.] contained in Model SK-1001-2 source Metropolitan Development and the Dep­ LIVINGSTON OIL CO. ET AL. uty Assistant Regional Administrator for manufactured by American Atomic Corp. Metropolitan Development, Fort Worth Order Providing for Hearing on and Regional Office, each is authorized to 3. Each exempt unit will bear a label Suspension of Proposed Changes in identifying the distributor (Kollmorgen exercise the following authority of the Rates,,and Allowing Rate Changes Secretary of Housing and Urban Devel­ Corp.). Each radioactive source will opment under section 702 of the Housing bear a label which identifies the isotope, To Become Effective Subject to Refund tto^Jrt)an Development Act of 1965 (42 activity, date of manufacture, and 1 U.S.C. 3102) with respect to the manufacturer. A copy of the license and J u n e 17, 1970. oasic water and sewer facilities grant a safety evaluation containing addi­ The respondents named herein have Program: tional information, prepared by the filed proposed changes in rates and !• To approve applications, authorize Division of Materials Licensing, are grants, and execute grant agreements 1Does not consolidate for hearing or dis­ available for public inspection at the pose of the several matters herein.

No. 123----- 7 FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 NOTICES 10398 agreements and undertakings shall be charges of currently effective rate sched­ (B ) Pending hearings and decisions thereon, the rate supplements herein are deemed to have been accepted.2 ules for sales of natural gas under Com­ suspended and their use deferred until (C ) Until otherwise ordered by the mission jurisdiction, as set forth in ap­ date shown in the “Date suspended until” Commission, neither the suspended sup­ plements, nor the rate schedules sought pendix A hereof. column, and thereafter until made ef­ to be altered, shall be changed until dis­ The proposed changed rates and fective as prescribed by the Natural Gas position of these proceedings or expira­ charges may be unjust, unreasonable, Act: Provided, however, That the sup­ plements to the rate schedules filed by tion of the suspension period. unduly discriminatory, or preferential, or respondents, as set forth herein, shall (D ) Notices of intervention or peti­ otherwise unlawful. become effective subject to refund on the tions to intervene may be filed with the The Commission finds: It is in the date and in the manner herein prescribed Federal Power Commission, Washington, public interest and consistent with the if within 20 days from the date of the D.C. 20426, in accordance with the rules of practice and procedure (18 CFR 1.8 Natural Gas Act that the Commission issuance of this order respondents shall and 1.37 (f ) ) on or before August 3,1970. enter upon hearings regarding the law­ each execute and file under its above- designated docket number with the Sec­ By the Commission. fulness of the proposed changes, and that retary of the Commission its agreement the supplements herein be suspended and [ s e a l ] G o r d o n M. G r a n t , and undertaking to comply with the re­ Secretary. their use be deferred as ordered below. funding and reporting procedure required The Commission orders: by the Natural Gas Act and § 154.102 of 2 If an acceptable general undertaking, as (A ) Under the Natural Gas Act, par­the regulations thereunder, accompanied provided in Order No. 377, has previously by a certificate showing service of copies ticularly sections 4 and 15, the regula­ been filed by a producer, then it will not be thereof upon all purchasers under the necessary for that producer to file an agree­ tions pertaining thereto (18 CFR Ch. I ), ment and undertaking as provided herein. rate schedule involved. Unless respond­ and the Commission’s rules of practice In such circumstances the producer’s pro­ ents are advised to the contrary within and procedure, public hearings shall be posed increased rate will become effective as of the expiration of the suspension period held concerning the lawfulness of the 15 days after the filing of their respective agreements and undertakings, such without any further action by the producer. proposed changes.

A ppendix A

Cents per Mcf effect Amount Date Effective Dale Rate Sup- . . , subject to of filing Date refund in Respondent sched- pie- Purchaser and producing area unless until— Rate Proposed . Docket annual tendered increased K dockets No. ule No. ment suspended in No. increase effect rate Nos.

«12.5 • 7 « 13.6 $30,340 6- 1-70 4 7_ 2-70 « 7-3 -70 RI70-1717-. Livingston Oil Co., HO Enterprise Bldg., Co., Inc. (Syracuse area, Brad- shaw-Wedel Field, Tulsa, Okla. 12 is u 27.1038 3,000 5-18-70 « 6-18-70 8 6-19-70 u 25.0962 RI70-1718— Arthur N. Rupe, d.b.a. » 1 « w 6 Equitable Gas Co., I Artex Oil Co., 8300 County, W. Va.). Santa Monica Blvd., Los Angeles, Calif. 90069. D e c r e a s e 16.5619 7 1« 15.8593 RI70-864. $32,882 5-25-70 >811-27-70 Accepted— R 1-864____ Perry R. Bass (Oper­ 19 1 to 3 Northern Natural Gas Co. Subject to ator) etal., 1200 Fort (Bass Devonian Field, Pecos refund in Worth National County, Tex.) (R R . District RI70-864. Bank Bldg., Fort No. 8) (Permian Basin Area). « 7_ 3-70 1* 14.0 « » « 15.0 RI67-243. Worth, Tex. 76102 1 2 1 6 - 1-70 4 7- 2-70 RI70-1719-. Forrest B. Miller (Op­ 33 2 El Paso Natural Gas Co. (Ig­ erator). nacio Blanca Mesa Verde Field, La Plata County, Colo.) so 7_ 4_70 * 7- 5-70 27.0 12 is 2 8 .0 i 1 United Fuel Gas Co. (Contract 7,300 6- 3-70 RI70-1720-. Harry C. Boggs, Post 32 Office Box 26, Spen­ No. 6532) (Roane, Calhoun, cer, W. Va. 25276. and Braxton Counties, W. Va.).

i3 Renegotiated rate increase. i Basic contract dated after Sept. 28, 1960, the date of issuance of general policy Sc^Sto£i5-S5Sa27»nt»,t.t.»p.rat«»b™oie'r.tostempl»- N ?Tto^tated eflective date is the effective date requested by respondent. » Thè suspension period is limited to 1 day . “ » T t o s t S ^ ile c t iv . date 1». the flat« presenUy effective rate be- 3 Periodic rate increase. came eflective subject to refund in Docket No. RI70-864. i Pressure base is 14.65 p.s.i.a. . . . . m Decrease to quality statement rate plus tax reimbursement, n Pressure base is 15.025 p.s.i.a. .... 1 to V delivered «Iter Mey is Includes 1-cent minimum guarantee for uquias. 1 1 , 19 7 0 , from new wells on currently dedicated acreage or from old wells drilled » Includes letter from the buyer providing for the increase. statutory notice deeper ór worked over. 20 The stated eflective date is the first day after expiration of the sta y » Additional material filed June 3,1970. period. u The stated eflective date is the first day after expiration of the statutory notice, or the date of initial delivery, whichever is later. volved. We believe, in this situation, Liv­ issuance of the Commission’s Statement of Arthur N. Rupe doing business as Artex ingston, Miller, and Boggs* proposed rate General Policy No. 61-1 and the proposed Oil Co. (Rupe) requests that his proposed filings should be suspended for 1 day from rate does not exceed the applicable area rate increase be permitted to become effec­ July 2, 1970 (Livingston and ^ü Uct) , th initial rate ceiling. Accordingly, we conclude tive as of May 11, 1970. Harry C. Boggs proposed effective date, and June 14,1970, tne that the proposed increase should be sus­ (Boggs) requests an effective date of June 14, expiration date of the statutory notice. pended for 1 day from the expiration date 1970, for his proposed rate increase. Good Perry R. Bass (Operator), et al. (Bas ) of the statutory notice period, or for 1 day r e “ J " • 1fi c cents plus cause hasuiiks jjlvju not been shown for waiving the +Vl„ initial delivery of the gas proposes a rate decrease from id .d cen h 30-day notice requirement provided in sec-sec from the da wells which- applicable tax reimbursement to the quatt y tion 4 (d ) of the Natural Gas Act to permit from the new or worked over wells, w statement rate of 15.8 cents plus applicable earlier effective dates for Rupe and Boggs ev®i 1S latf r' . «ronosed rate tax reimbursement for a sale of gas to Nortn rats «lin gs and such request., are denied. ,„T“ “ “gS bv imnSC Si° Co (S“ er“ S u r a l Gae Co. In the Permian Baeffl The proposed rate increase filed by Rupe increases file d b y Liv g erator) and Area of Texas. Bass was issued a certificate is a renegotiated increase for a sale of gas. mgston), Forrest B. Mi (Op > in Docket No. CI69-904 at a rate of 16.5 cents to Equitable Gas Co. in West Virginia The Boggs were execu^ to quality adjustments pursuant to proposed rate of 27.1038 cents per Mcf is for ber 28, I960, thedate °* isg*a Policy the Permian Opinions. To reflect the increase gas delivered from new wells on existing Commission’s °® “ Yxceed the in Texas production tax from 7.0 percent to dedicated acreage or from worked over wells. No. 61-1, and theLp^° P ° sl db^ t d o not exceed 7 5 percent Bass filed an increase from 16.5 „1 m e in itM service ce llin g lor the areas In. cents to 16.5619 cents which became effect

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 NOTICES 10399 subject to refund on November 27, 1969, in day following the date of this order or proposed subsidiary named hereinabove Docket No. RI70-864. The instant filing (b ) later than 3 months after the date amends the original filing in that it reflects are determined to be so closely related to the 15.8 cents corrected rate after deducting of this order; and that First West Towne the business of banking and of manag­ quality adjustments from the base rate of 16.5 National Bank of Madison shall be ing or controlling banks as to be a proper cents and the corrected tax reimbursement opened for business not later than 6 incident thereto and as to make it un­ calculated on the 15.8 cents quality statement months after the date of this order. The necessary for the prohibitions of section rate. We believe that Bass’ proposed rate de­ latter time periods may be extended for 4(a) of the Bank Holding Company Act crease should be accepted for filing in lieu good cause by the Board, or by the Fed­ of 1956 to apply in order to carry out the of the former tax reimbursement increase eral Reserve Bank of Chicago pursuant purposes of that Act: Provided, however, subject to the existing rate proceeding in to delegated authority. Docket No. RI70-864, effective as of Novem­ That this determination is subject to ber 27, 1969, the date the former increased By order of the Board of Governors,2 revocation by the Board if the facts upon rate became effective subject to refund in June 18,1970. which it is based change in any material said docket. respect. [ s e a l ] K e n n e t h A . K e n y o n , By order of the General Counsel of the [F.R. Doc. 70-8005; Filed, June 24, 1970; Deputy Secretary. 8:45 a.m.] Board of Governors, June 17, 1970, act­ [F.R. Doc. 70-8008; Filed, June 24, 1970; ing on behalf of the Board pursuant to 8:45 aun.] delegated authority (12 CFR 265.2(b) FEDERAL RESERVE SYSTEM (2 )). UNITED VIRGINIA BANKSHARES, INC. [ s e a l ] K e n n e t h A. K e n y o n , FIRST WISCONSIN BANKSHARES Deputy Secretary. Order Making Determination Under CORP. [F.R. Doc. 70-8007; Filed, June 24, 1970; Bank Holding Company Act Order Approving Acquisition of Bank 8:45 a.m.] Stock by Bank Holding Company In the matter of the application of United Virginia Bankshares, Inc., Rich­ In the matter of the application of mond, Va., pursuant to section 4 (c)(8 ) First Wisconsin Bankshares Corp., Mil­ of the Bank Holding Company Act of SECURITIES AND EXCHANGE waukee, Wis., for approval of acquisi­ 1956 for a determination as to United tion of 80 percent or more of the voting Virginia Insurance Agency, Inc., a pro­ COMMISSION shares of First West Towne National posed nonbank subsidiary (Docket No. [File No. 1-4341] Bank of Madison, Madison, Wis., a pro­ BH C -98). posed new bank. United Virginia Bankshares, Inc., M ACKE CO. There has come before the Board of Richmond, Va., a bank holding company Governors, pursuant to section 3 (a )(3 ) within the meaning of section 2(a) of Notice of Application To Withdraw of the Bank Holding Company Act of the Bank Holding Company Act of 1956 From Listing and Registration 1956 (12 U.S.C. 1842(a)(3)) and § 222.3 (12 U.S.C. 1841(a)), has filed a request J u n e 19, 1970. (a) of Federal Reserve Regulation Y (12 for a determination by the Board of Gov­ CFR 222.3(a)), an application by First ernors of the Federal Reserve System In the matter of Macke Co.; common stock, $1 par value. Wisconsin Bankshares Corp., Milwaukee, that the activities planned to be under­ Wis., a registered bank holding com­ taken by its proposed nonbank subsid­ The above named issuer has filed an pany, for the Board’s prior approval of iary, United Virginia Insurance Agency, application with the Securities and" Ex­ the acquisition of 80 percent or more of Inc., are of the kind described in section change Commission pursuant to section the voting shares of First West Towne 4 (c)(8 ) of the Act (12 U.S.C. 1843(c) 12(d) of the Securities Exchange Act of National Bank of Madison, Madison, (8 )) and § 222.4(a) of Federal Reserve 1934 and Rule 12d2-2(d) promulgated Wis., a proposed new bank. Regulation Y (12 CFR 222.4(a)) so as thereunder, to withdraw the specified se­ As required by section 3 (bn) of the to make it unnecessary for the prohibi­ curity from listing and registration on Act, the Board notified the Comptroller tions of section 4(a) of the Act, respect­ the Philadelphia-Baltimore-Washington of the Currency of receipt of the appli­ ing the ownership or control of voting Stock Exchange. cation and requested his views and rec­ shares of nonbanking companies, to The reasons alleged in the applica­ ommendation. The Comptroller recom­ apply in order to carry out the purposes tion for withdrawing this security from mended approval of the application. of the Act., listing and registration include the Notice of receipt of the application Pursuant to the requirements of sec­ following: was published in the F ederal R egister tion 4(c) (8) of the Act, and in accord­ The company believes that the concen­ on December 13, 1969 (34 F.R. 19684), ance with the provisions of §§ 222.4(a) tration of the market solely on the New which provided an opportunity for in­ and 222.5(a) of Regulation Y (12 CFR York Stock Exchange will provide better terested persons to submit comments and 222.4(a) and 222.5(a)), a hearing was market ability and liquidity for its com­ views with respect to the proposed trans­ held on these matters on November 6, mon shares and that the withdrawal will action. A copy of the application was 1969. On March 12, 1970, the hearing eliminate fees and other administrative forwarded to the U.S. Department of examiner filed his report and recom­ requirements necessary to maintain its Justice for its consideration. The time mended decision,3 a copy of which is ap­ listing and registration on the Exchange. for filing comments and views has ex­ pended hereto, wherein he recommended The proposed delisting was approved by pired and all those received have been that the Board decline to make the re­ shareholders at the company’s annual considered by the Board. quested determination; Applicant filed meeting held on February 24, 1970. It is hereby ordered, For the reasons exceptions and a brief in support thereof. Any interested person may, on or be­ set forth in the Board’s Statement1 of For the reasons set forth in a Statement1 fore July 8, 1970, submit by letter to the this date, that said application be and of this date, and on the basis of the en­ Secretary of the Securities and Exchange tire record, hereby is approved, provided that the Commission, Washington, D.C. 20549, acquisition so approved shall not be con­ It is hereby ordered, That the activi­ facts bearing upon whether the appli­ summated (a) before the 30th calendar ties planned to be undertaken by the cation has been made in accordance with the rules of the Exchange and what 2Voting for this action: Chairman Burns terms, if any, should be imposed by the ruea as part of the original document, and Governors Mitchell, Daane, and Sher- Commission for the protection of in­ M>pies available upon request to the Board rill. Voting against this action: Governors vestors. An order granting the applica­ w t*°vem° rs of the Federal Reserve System, Robertson, Maisel, and Brimmer. tion will be issued after the date "RpcL n£t5)n’ D-CL, 20551, or to the Federal 3 Filed as part of the original document. r f ” e Bank of Chicago. Also filed as part Copies available upon request to the Board mentioned above,' on the basis of the 6 original document is a Dissenting of Governors of the Federal Reserve System, application and any other information statement of Governors Robertson, Maisel, Washington, D.C. 20651, or to the Federal furnished to the Commission, unless it and Brimmer. „ Reserve Bank of Richmond. orders a hearing on the matter.

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 10400 NOTICES

For the Commission (pursuant to dele­ (4) In light of the representation that II. It appearing to the Commission that it is in the public interest and for gated authority). the issuer’s securities will be issued for cash only, the failure to disclose that the the protection of investors that the ex­ O rval L . D u B o is , issuer intends to issue some of its secur­ emption of the issuer under Regulation Secretary. ities in exchange for services. A be temporarily suspended. [F.R. Doc. 70-8032; Filed, June 24, 1970; (5) Failure to disclose that the pro­ It is ordered, Pursuant to Rule 261(a), 8:47 a.m.] ceeds to the issuer of the offering would subparagraphs (1) and (2) of the gen­ be less than as indicated due to the is­ eral rules and regulations under the Se­ [File No. 24D-2969] suer’s intention to issue some of its se­ curities Act of 1933, as amended, that curities for services. the exemption under Regulation A be, UNITED BERYLLIUM INDUSTRIES (6) In light of the representations that and it hereby is, temporarily suspended. certain stockholders had signed “invest­ Order Temporarily Suspending Ex­ It is further ordered, Pursuant to ment letters” evidencing their investment Rule 7 of the Commission’s rules of emption, Statement of Reasons intent, failure to disclose that some of practice, that the issuer file an answer Therefor, and Notice of Opportunity these stockholders had not signed such to the allegations contained in this order for Hearing “investment letters”. within 30 days of the entry thereof. J une 19, 1970. (7) In light of the issuer’s obligation Notice is hereby given that any person to tender securities and cash to certain I. United Beryllium Industries (Is­ having any interest in the matter may individuals in exchange for cash and suer), Post Office Box 11061, 210 Boston file with the Secretary of the Commis­ services previously rendered to the issuer, Building, Salt Lake City, Utah, a Utah sion a written request for hearing within failure to accurately and adequately dis­ corporation, filed with the Commission 30 days after the entry of this order; close the assets, liabilities, capital, and on April 29, 1970, a notification on Form that within 20 days after receipt of such 1-A and an offering circular relating to cash receipts and disbursements of the request the Commission will, or at any an offering of 3 million shares of its $.02 issuer. time upon its own motion may, set the par value common stock at $.10 per B. The terms and conditions of Regu­ matter down for hearing at a place to be share, for an aggregate offering price of lation A have not been complied with in designated by the Commission, for the $300,000, for the purpose of obtaining an that: purpose of determining whether this exemption from the registration require­ (1) The Form 1-A filed on behalf of order of suspension should be vacated or ments of the Securities Act of 1933, as the issuer fails to disclose in Item 9(b) made permanent, without prejudice, amended, pursuant to the provisions of thereof the title and amount of all unreg­ however, to the consideration and pres­ section 3(b) thereof, and Regulation A istered securities of the issuer which were entation of additional matters at the promulgated thereunder. The officers of sold within one year prior to the filing of hearing; that, if no hearing is requested the issuer were designated as under­ the notification by or for the account of and none is ordered by the Commission, writers of the offering and were to re­ an underwriter of the issuer’s common. this order shall become permanent on ceive no underwriting commission other stock; the aggregate offering price or the thirtieth day after its entry and than reimbursement of the direct sales other consideration for which they were shall remain in effect unless or until it expenses incurred by the officers in their issued and the basis for computing the is modified or vacated by the Commis­ sales activities, estimated to be 3 percent amount thereof; and the names of the sion; and that notice of the time and of the aggregate offering price. On persons to whom those securities were place for any hearing will promptly be June 1, 1970, the issuer filed a request issued. given by the Commission. that its notification under Regulation A (2) The Form 1-A filed on behalf of By the Commission. be withdrawn. the issuer fails to set forth accurately The Commission has reasonable cause in response to Item 9(c) the exemption [ s e a l ] O rval L. D u B o is , to believe on the basis of information from registration claimed with respect Secretary. to all unregistered securities issued or reported to it by its staff that; [F.R. Doc. 70-8033; Filed, June 24, 1970; A. The notification and offering Cir­ sold by the issuer within one year prior 8:47 a.m.J cular contain untrue statements of ma­ to the filing of the notification, and the terial facts and omit to state material facts relied upon for the exemption. facts necessary to make the statements (3) The aggregate offering price of the made, in light of the circumstances issuer’s securities proposed to be offered SMALL BUSINESS under which they were made, not mis­ pursuant to the issuer’s filing under Reg­ leading, particularly with respect to the ulation A, and of all securities sold by the ADMINISTRATION following: issuer in violation of section 5(a) of the (1) The failure to disclose certain Securities Act within 1 year prior to the NORTH CENTRAL CAPITAL CORP. commencement of the proposed offering contingent liabilities to which the issuer Notice of Application for License as may be subject arising out of the sale of exceeded the $300,000 limitation as pre­ its unregistered securities. scribed in Rule 254 of Regulation A. . Small Business Investment Company (2) In view of the representations (4) The Form 1-A filed on behalf of Notice is hereby given concerning the that, to the best knowledge of the man­ the issuer fails to disclose in Item 10 that filing of an application with the Small agement of the issuer, the claims which the issuer is presently offering or pres­ Business Administration (SBA) pursu­ the issuer has leased are valid claims, ently contemplating the offering of se­ ant to § 107.102 of the Regulations Gov­ and the fact that there is some risk that curities in the United States, in addition erning Small Business Investment the title to some of the mining claims to those covered by the notification. Companies (33 F.R. 326, 13 CFR Part leased by the issuer may ultimately be (5) The unexecuted escrow agreement 107) under the name North Central found to be defective, the failure to dis­ filed on behalf of"the issuer in response Capital Corp., 201 North Main Street, close the defective title to 187 of the 215 to Item 11(h) of Form 1-A fails to set Rockford, HI. 61101, for a license to op­ claims leased by the issuer in Teller and forth accurately all securities issued prior erate in the State of Illinois as a small El Paso Counties, Colo. to the filing of the notification, or pro­ business investment company (SBIC) (3) In view of the representations that posed to be issued, for a consideration under the provisions of the Small Busi­ all of the issuer’s leaseholds in Colorado consisting in whole or in part of assets ness Investment Act of 1958, as amended arise out of leases of unpatented mining or services and held by the person to (15 U.S.C. 661 et seq.) (A6t). claims, and that the issuer has exercised whom issued, while purporting to cover The proposed officers and directors are an option to lease 25 claims in El Paso all such securities. County, Colo., the failure to disclose that C. The offering would be made in vio­ as follows: the issuer merely holds an option to lation of section 17(a) of the Securities Seth G. Atwood, Chairman of the Board, lease such 25 claims, which option has Act of 1933, as amended, by reason of 2121 Harlem Boulevard, Rockford, b l not been exercised. the matters described above. 61103.

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 NOTICES 10401

Willard C. Mills, President, General Manager quantities as to cause, or threaten to shall not include issues or allegations and Director, 304 River Drive, Appleton, cause, the unemployment or underem­ phrased generally. Protests not in rea­ Wis. 54911. ployment of a significant number or pro­ Robert B. Rosecrance, Vice President and sonable compliance with the require­ Director, 2212 Harlem Boulevard, Rockford, portion of the workers of such manufac­ ments of the rules may be rejected. The 111. 61103. turing company. original and one copy of the protest shall Loren M. Smith, Secretary, Treasurer and A public hearing in connection with be filed with the Commission, and a copy Director, 1806 National Avenue, Rockford, this investigation will be held beginning shall be served concurrently upon appli­ 111. 61103. at 10 a.m., e.d^s.t., on July 14,1970, in the cant’s representative, or applicant if no The company will be a 100-percent Hearing Room, U.S. Tariff Commission representative is named. If the protest owned subsidiary of Atwood Vacuum Building, Eighth and E Streets NW., includes a request for oral hearing, such Machine Co. which is 100 percent owned Washington, D.C. Appearances at the requests shall meet the requirements of by the Atwood family and/or trusts for hearing should be entered in accordance section 247(d)(4) of the special rules, their benefit. with §201.13 of the Tariff Commission’s and shall include the certification re­ quired therein. The company proposes to commence rules of practice and procedure. operations with a capitalization of $1 The petition filedJn this case is avail­ Section 247(f) of the Commission’s million. able for inspection at the Office of the Rules of Practice further provides that The Atwood Vacuum Machine Co., Secretary, U.S. Tariff Commission, each applicant shall, if protests to its manufactures parts for the automotive Eighth and E Streets NW., Washington, application have been filed, and within industry, mobile home parts, water D.C., and at the New York City office of 60 days of the date of this publication, heaters, castings, and fabricated sheet the Tariff Commission located in room notify the Commission in writing (1) metal units. 437 of the Customhouse. that it is ready to proceed and prosecute Matters involved in SBA’s considera­ Issued: June 22,1970. the application, or (2) that it wishes to tion of the application include the gen­ withdraw the application, failure in By order of the Commission. eral business reputation and character of which the application will be dismissed by the Commission. management, and the probability of suc­ [ s e a l ! K e n n e t h R . M a s o n , cessful operations of the new company Secretary. Further processing steps (whether modified procedure, oral hearing, or under their management, including ade­ [F.R. Doc. 70-8077; Piled June 24, 1970; quate profitability and financial sound­ 8:51 a.m.] other procedures) will be determined ness, in accordance with the Act and generally in accordance with the Com­ regulations. mission’s General Policy Statement Notice is further given that any inter­ Concerning Motor Carrier Licensing Pro­ ested person may not later than 10 days INTERSTATE COMMERCE cedures, published in the F ederal R e g is ­ from the date of publication of this ter issue of May 3, 1966. This assign­ notice, submit to SBA in writing, relevant ment will be by Commission order which comments on the proposed company. A ny COMMISSION will be served on each party of record. communication should be addressed to: [Notice 57] The publications hereinafter set forth Associate Administrator for Investment, reflect the scope of the applications as Small Business Administration, 1441 L MOTOR CARRIER, BROKER, WATER filed by applicants, and may include Street NW., Washington, I>.C. 20416. CARRIER AND FREIGHT FOR­ descriptions, restrictions, or limitations A copy of this notice shall be published WARDER APPLICATIONS which are not in a form acceptable to in a newspaper of general circulation in the Commission. Authority which ulti­ Rockford, HI. J u n e 19, 1970. mately may be granted as a result of the applications here noticed will not neces­ For SBA (pursuant to delegated The following applications are gov­ sarily reflect the phraseology set forth in authority). erned by Special Rule 1.2471 of the Com­ mission’s general rules of practice (49 the application as filed, but also will A . H . S in g e r , CFR 1100.247 as amended), published eliminate any restrictions which are not Associate Administrator acceptable to the Commission. for Investment. in the F ederal R eg ister issue of April 20, 1966, effective May 20, 1966. These rules No. MC 1184 (Sub-No. 19), filed June 8, June 15, 1970. provide, among other things, that a pro­ 1970. Applicant: GEORGE F. BURNETT [P.R. Doc. 70-8070; Plied, June 24, 1970; test to the granting of an application COMPANY, INC., Post Office Box 2538, 8:51 a.m.] must be filed with the Commission Station A, 20450 West Ireland Road, within 30 days after date of notice of South Bend, Ind. 46413. Applicant’s rep­ filing of the application is published in resentatives: Robert E. Joyner and Lee F. the F ederal R e g ist e r . Failure season­ Miller, Jr., .2111 Sterick Building, TARIFF COMMISSION ably to file a protest will be construed as Memphis, Tenn. 38103. Authority sought a waiver of opposition and participation to operate as a common-carrier, by motor [TEA—W—27] in the proceeding. A protest under these vehicle, over irregular routes, transport­ WORKERS’ PETITION FOR DETERMI­ rules should comply with section 247(d) ing: Trailers (except those designed to be NATION OF ELIGIBILITY TO APPLY (3) of the rules of practice which re­ drawn by passenger automobiles, in ini­ quires that it set forth specifically the tial movements, by driveaway), from FOR ADJUSTMENT ASSISTANCE grounds upon which it is made, contain ^ethlehem, Pa., to Atlanta, Ga., Cincin­ Notice of Investigation and Hearing a detailed statement of protestant’s in­ nati, Ohio, St. Louis, Mo., and Flint, Mich. terest in the proceeding (including a N ote : Applicant states that the requested On the basis of a petition filed under copy of the specific portions of its au­ authority cannot be tacked with its exist­ section 301(a)(2) of the Trade Expan­ thority which protestant believes to be ing authority. If a hearing is deemed sion Act of 1962, on behalf of the auto­ in conflict with that sought in the appli­ necessary, applicant requests it be held motive soft trim workers of the American cation, and describing in detail the at Fort Wayne, Ind., Detroit, Mich., or Motors Corp., Wyoming, Mich., the U.S. method— whether by joinder, interline, South Bend, Ind. Tariff Commission, on the 22d day of or other means— by which protestant No. MC 2202 (Sub-No. 387), filed June 1970, instituted an investigation would use such authority to provide all June 1, 1970. Applicant: ROADWAY under section 301(c) (2) of the said Act or part of the service proposed), and EXPRESS, INC., 1077 Gorge Boulevard, to determine whether, as a result in shall specify with particularity the facts, Post Office Box 471, Akron, Ohio 44309. major part of concessions granted under matters, and things relied upon, but Applicant’s representatives: William O. trade agreements, articles like or directly Turney, 2001 Massachusetts Avenue NW., competitive with automotive soft trim 1 Copies of Special Rule 247 (as amended) Washington, D.C. 20036, and James W. Pf°tTUCe^ .by American Motors Corp. can be obtained by writing to the Secretary, Conner, Post Office Box 471, Akron, at Wyoming, Mich., are being imported Interstate Commerce Commission, Washing­ Ohio 44309. Authority sought to operate mto the United States in such increased ton, D.C. 20423. as a common carrier, by motor, vehicle,

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 10402 NOTICES over regular routes, transporting: Gen­ as a common carrier, by motor vehicle, way 8: From Sulligent, Ala., over U.S. eral commodities (except those of un­ over irregular routes, transporting: Highway 278 to junction Mississippi usual value, classes A and B explosives, Canned preserved foodstuffs (except fro­ Highway 8, thence over Mississippi High­ livestock, household goods as defined by zen or cold pack), from Waterloo, Egypt, way 8 to junction U.S. Highway 45 and the Commission, commodities in bulk Rushville, Red Creek, Lyons, Newark, return over the same route, as an alter­ and those requiring special equipment), Fairport, and Penn Yan, N.Y., to points nate route for operating convenience serving the plantsite of Hercules, Inc., lo­ in Connecticut, Maine, Massachusetts, only, serving the termini for purposes of cated near Terre Haute, Ind., as an off- New Hampshire, Rhode Island, and Ver­ joinder* only, serving no intermediate route point in connection with applicant’s mont. N ote : Applicant states that the re­ points in connection with (1) through regular route authority to serve Terre quested authority can be tacked with its (5 ). N ote: Common control may be in­ Haute, Ind. N ote : Common control may existing authority but indicates that it volved. If a hearing is deemed necessary, be involved. If a hearing is deemed has no present intention to tack and applicant requests it be held at Jackson­ necessary, applicant requests it be held therefore does not identify the points or ville, Fla., or Atlanta, Ga. at Indianapolis, Ind., Chicago, 111., or territoriés which can be served through No. MC 4883 (Sub-No. 42), filed June 1, Washington, D.C. tacking. Persons interested in the tacking 1970. Applicant: THE GUYOTT COM­ No. MC 2202 (Sub-No. 388), filed June possibilities are cautioned that failure to PANY, a corporation, 176 Forbes Avenue, I, 1970. Applicant: ROADWAY EX­ oppose the application may result in an New Haven, Conn. 06504. Applicant’s PRESS, INC., 1077 Gorge Boulevard, unrestricted grant of authority. If a representative: Sidney L. Goldstein, 109 Post Office Box 471, Akron, Ohio 44309. hearing is deemed necessary, applicant Church Street, New Haven, Conn. 06510. Applicant’s representatives: William O. requests it be held at New York, N.Y., or Authority sought to operate as a com­ Turney, 2001 Massachusetts Avenue Washington, D.C. mon carrier, by motor vehicle, over ir­ NW., Washington, D.C. 20036, and Doug­ No. M C 2900 (Sub-No. 198), filed regular routes, transporting; Cement, in las Faris, Post Office Box 471, Akron, May 28, 1970. Applicant: RYDER bulk, in tank or hopper type vehicles, Ohio 44309. Authority sought to operate TRUCK LINES, INC., 2050 Kings Road, from North Haven, Conn., to Chicopee, as a common carrier, by motor vehicle, Jacksonville, Fla. 32203. Applicant’s Mass. N o t e : Applicant states that the over regular routes, transporting: Gen­ representative: Larry D. Knox (same requested authority cannot be tacked eral commodities, except those of unusual address as applicant). Authority sought with its existing authority. If a hearing value, classes A and B explosives, live­ to operate as a common carrier, by motor is deemed necessary, applicant requests stock, household goods as defined by the vehicle, over regular routes, transport­ it be held at Hartford or New Haven, Commission, commodities in bulk and ing: General commodities (except those Conn. those requiring special equipment, be­ of unusual value, household goods as No. MC 8535 (Sub-No. 31), filed tween Springfield and Kansas City, Mo., defined by the Commission, commodities May 20, 1970. Applicant: GEORGE from Springfield over Missouri Highway in bulk, and those requiring special TRANSFER AND RIGGING COMPANY, 13 to junction Missouri Highway 7, equipment), serving the plantsite of INCORPORATED, 2700 Broening High­ thence over U.S. Highway 71 to Kansas Martin Electronics, Inc., near Perry, Fla., way, Post Office Box 3969, Baltimore, City, and return over the same route as an off joute point in connection with Md. 21222. Applicant’s representative: serving no intermediate points, as an carrier’s regular route authorized au­ John Guandolo, 1000 Northwest 16th alternate route for operating convenience thority, serving no intermediate points. Street, Washington, D.C. 20036. Au­ only. N o t e : The purpose of the route N o t e : If a hearing is deemed necessary, thority sought to operate as a common sought is to enable applicant to transport applicant requests it be held at Jackson­ carrier, by motor vehicle, over irregular shipments between points in the States ville, Fla., or Atlanta, Ga. routes, transporting: Aluminum and of Mississippi, Alabama, Georgia, and the No. MC 2900 (Sub-No. 199), filed aluminum products, equipment, ma­ Carolinas, on the one hand, and Kansas June 1,1970. Applicant: RYDER TRUCK terials, and supplies used in the manu­ City, over the proposed route via the LINES, INC., 2050 Kings Road, Jackson­ facture and processing of aluminum and Nashville gateway, and in the alternative, ville, Fla. 32203. Applicant’s representa­ aluminum products, between plantsite of over the Memphis gateway to the ex­ tive: Larry D. Knox (same address as National South wire Aluminum, South- tent permitted by the authority granted applicant). Authority sought to operate wire Co., and National Aluminum Corp., in MC 2202 (Sub 342). If a hearing is as a common carrier, by motor vehicle, at or near Hawesville, Ely., on the one deemed necessary, applicant requests it over irregular routes, transporting: hand, and, on the other, points in Ala­ be held at Washington, D.C. General commodities (except commodi­ bama, Connecticut, Georgia, Indiana, No. MC 2229 (Sub-No. 155), filed ties in bulk, household goods as defined Maine, Massachusetts, North Carolina, June 1, 1970. Applicant: RED BALL by the Commission, classes A and B ex­ and South Carolina. N o t e : Applicant MOTOR FREIGHT, INC., 3177 Irving plosives, and commodities requiring states that the requested authority can­ Boulevard, Post Office Box 47407, Dallas, special equipment), (1) between W in­ not be tacked with its existing authority. Tex. 75247. Applicant’s representative: chester, Va. and Frederick, Md.: From If a hearing is deemed necessary, appli­ J. W . Whitemore (same address as appli­ Winchester over Virginia Highway 7 to cant requests it be held at Washington, cant). Authority sought to operate as a junction U.S. Highway 340, thence over D.C. common carrier, by motor vehicle, over U.S. Highway 340 to Frederick, Md., and No. MC 14702 (Sub-No. 28), filed regular routes, transporting: General return over the same route, as an alter­ June 1, 1970. Applicant: OHIO FAST commodities, except those of unusual nate route for operating convenience FREIGHT, INC., Post Office Box 808, value, classes A and B explosives, house­ only, serving the termini for joinder pur­ Warren, Ohio 44482. Applicant’s repre­ hold goods as defined by the Commission, poses only; (2) between Frederick, Md., sentative: Paul F. Beery, 88 East Broad commodities in bulk, commodities re­ and Emmitsburg, Md., over U.S. High­ Street, Columbus, Ohio 43215. Authority quiring special equipment and those in­ way 15, as an alternate route for oper­ sought to operate as a common carrier, jurious or contaminating to other lading, ating convenience only, serving the by motor vehicle, over irregular routes, serving the plantsite and facilities of the termini for purposes of joinder only; (3) transporting: General commodities (ex­ Lufkin State School, at or near Lufkin, between Emmitsburg, Md., and junction cept those of unusual value, and except Tex., as an off-route point in connection U.S. Highways 15 and 30 near Gettys­ dangerous explosives, household goods with carrier’s presently authorized regu­ burg, Pa., over U.S. Highway 15, as an as defined in Practices of Motor Common lar operations at Lufkin, Tex. N o t e : If alternate route for operating conven­ Carriers of Household Goods, 17 M.C.C. a hearing is deemed necessary, applicant ience only, serving the termini for joinder 467, commodities in bulk, commodities requests it be held at Lufkin or Dallas, purposes only; (4) ..between junction requiring special equipment and those in­ Tex. U.S. Highways 15 and 30 near Gettys­ jurious or contaminating to other lad­ No. MC 2860 (Sub-No. 77), filed June 1, burg and Harrisburg, Pa., over U.S. ing) ; (a) between Blaine, Ohio, on the 1970. Applicant: NATIONAL FREIGHT, Highway 15 .as an alternate route for one hand, and, on the other, points in INC., 57 West Park Avenue, Vineland, operating convenience only, serving the West Virginia, Pennsylvania, New Jer­ N.J. 08360. Applicant’s representative: termini for joinder purposes only; and sey, Virginia, Maryland, the District of Alvin Altman, 1776 Broadway, New York, (5) between Sulligent, Ala., and junction Columbia, and in that part of eastern N.Y. 10019. Authority sought to operate U.S. Highway 45 and Mississippi High­ New York east of a line extending from

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 NOTICES 10403 the shore of Lake Ontario along New special handling and related machinery states that the requested authority can­ York Highway 18 to Rochester, thence parts and related contractors? equipment, not be tacked with its existing authority. over UJ3. Highway 15 from Rochester to materials, and supplies when their trans­ Common control may be involved. If a Lakeville, thence over U.S. Highway 20A portation is incidental to the transpor­ hearing is deemed necessary, applicant from Lakeville to Leicester, thence over tation of commodities which because of requests it be held at Washington, D.C., New York Highway 36 from Leicester to size or weight require the use of special or Chicago, HI. Mount Morris, thence over New York equipment; and (2) self-propelled arti­ No. MC 31600 (Sub-No. 648), filed Highway 408 from Mount Morris to junc­ cles, each weighing 15,000 pounds or June 2, 1970. Applicant: P. B. MUTRIE tion New York Highway 16, near Hins­ more, and related machinery, tools, parts, MOTOR TRANSPORTATION, INC., dale, thence over New York Highway 16 and supplies moving in connection there­ Calvery Street, Waltham, Mass. 02154. from said junction to Olean, and thence with, restricted to commodities which are Applicant’s representative: Harry C. over New York Highway 16A to the New transported in trailers, between points in Ames, Jr., 666 11th Street NW., W ash­ York-Pennsylvania State line, traversing California and Utah, on the one hand, ington, D.C. 20001. Authority sought to Delaware for operating convenience and, on the other, points in Wisconsin, operate as a common carrier, by motor only; and (b) between Blaine, Ohio, on Illinois, Michigan, Indiana, Ohio, Ken­ vehicle, over irregular routes, transport­ the one hand, and, on the other, points tucky, West Virginia, Pennsylvania, ing: Chemicals, in bulk, from Niagara in Ohio. N o t e : Applicant states that it Maryland, Virginia, North Carolina, Falls, N.Y., to points in Maine and New intends to tack the authority sought in Delaware, New Jersey, New York, Ver­ Hampshire. N o t e : Applicant states that (a) with the authority sought in (b ). mont, New Hampshire, Massachusetts, the requested authority cannot be tacked Applicant further states that it presently Connecticut, Rhode Island, Maine, Iowa, with its existing authority. Common con­ is authorized to provide all of the service Nebraska, Missouri, and the District of trol may be involved. If a hearing is sought herein under its authority in MC Columbia. N o t e : Applicant states that deemed necessary, applicant requests it 14702 and subs thereto. No duplicating the requested authority cannot be tacked be held at Washington, D.C. authority is sought. If a hearing is with its existing authority. Common con­ No. MC 33037 (Sub-No. 13), filed deemed necessary, applicant requests it trol may be involved. If a hearing is June 3, 1970. Applicant: STUDER be held at Columbus, Ohio. deemed necessary, applicant requests it TRUCK LINE, INC., Beattie, Kans. No. MC 21866 (Sub-No. 64), filed be held at San Francisco, Calif.; or 66406. Applicant’s representative: John May 28, 1970. Applicant: WEST MOTOR Washington, D.C. E. Jandera, 641 Harrison Street, Topeka, FREIGHT, INC., 740 South Reading Ave­ No. MC 30837 (Sub-No. 397), filed Kans. 66603. Authority sought to oper­ nue, Boyertown, Pa. 19512. Applicant’s June 1, 1970. Applicant: KENOSHA ate as a common carrier, by motor vehi­ representative: Alfred N. Low.enstein, AUTO TRANSPORT CORPORATION, cle, over irregular routes, transporting: 1540 P.S.F.S. Building, 12 South 12th 4200 39th Avenue, Kenosha, Wis. 53141. Nitrogen fertilizer solution, in bulk, in Street, Philadelphia, Pa. 19107. Author­ Applicant’s representative: Paul F. Sul­ tank vehicles, from Atchison, Kans., to ity sought to operate as a common car­ livan, Washington Building, 15th and points in Iowa, Kansas, Missouri, and rier, by motor vehicle, over irregular New York Avenue NW., Washington, Nebraska. N o t e : Applicant states that routes, transporting: (1) Metal articles D.C. 20005. Authority sought to operate the requested authority cannot be tacked (except those which because of size or as a common carrier, by motor vehicle, with its existing authority. If a hearing weight require special equipment), from over irregular routes, transporting: is deemed necessary, applicant requests Boyertown, Oaks, Norristown, College- Fiberglass vacation houses, in truck- it be held at Kansas City, Kans., or ville, Pottstown, Stowe, and Bally, Pa., to away service, from Pleasantville, N.J., Oklahoma City, Okla. points in Colorado, Iowa, Kansas, Min­ to points in the United States, including No. MC 41404 (Sub-No. 91), filed nesota, Missouri, and Tennessee; (2) Alaska but excluding Hawaii. N o t e : Ap­ metal articles (except buildings, com­ plicant states that the requested author­ June 3, 1970. Applicant: AR G O -CO L- plete, knocked down, or in sections, and ity cannot be tacked with its existing LIER TRUCK LINES CORPORATION, except tractors, agricultural machinery, authority. If a hearing is deemed neces­ Post Office Box 440, Fulton Highway, and parts and attachments therefor), sary, applicant requests it be held at Martin, Tenn. 38237. Applicant’s repre­ from the above-specified origin points, to Washington, D.C. sentative: Tom D. Copeland (same ad­ dress as applicant). Authority sought to points in Illinois, Indiana, Michigan, and No. MC 30837 (Sub-No. 398), filed operate as a common carrier, by motor Wisconsin; and (3) metal "building mate­ June 2, 1970. Applicant: KENOSHA vehicle, over irregular routes, transport­ rials, from the above specified origin AUTO TRANSPORT CORPORATION, ing: Foodstuffs (except in bulk), in points, to points in Kentucky, Ohio, and 4200 39th Avenue, Kenosha, Wis. 53141. vehicles equipped with mechanical re­ West Virginia. N o t e : Applicant states Applicant’s representative: Paul F. Sul­ frigeration, from Jacksonville (Morgan that it is presently authorized to perform livan, Washington Building, 15th and County), 111., to points in Florida, North all of the transportation services de­ New York Avenue NW., Washington, Carolina, and South Carolina. N o t e : scribed above via authorized gateways of D.C. 20005. Authority sought to operate Applicant states that the requested au­ Pottsville, Pa., or the plantsite of Aetna as a common carrier, by motor vehicle, thority cannot be tacked with its exist­ Steel Products Corp. at that point, where over irregular routes, transporting: ing authority. Common control may be applicant maintains its Pottsville termi­ Seat cabs, from Bettendorf, Iowa, to Ra­ involved. If a hearing is deemed neces­ nal. The purpose of the instant applica­ cine, Wis. N o t e : Applicant states that tion is to obtain authority to provide such the requested authority cannot be tacked sary, applicant requests it be held at St. transportation without being required with its existing authority. If a hearing Louis, Mo., Chicago or Springfield, 111. to utilize such gateways. Applicant fur­ is deemed necessary, applicant requests No. MC 51146 (Sub-No. 161), filed ther states that the requested authority it be held at Washington, D.C. May 28, 1970. Applicant: SCHNEIDER cannot be tacked with its existing au­ No. MC 30844 (Sub-No. 325), filed TRANSPORT & STORAGE INC., 817 thority. If a hearing is deemed necessary, June 1, 1970. Applicant: KROBLIN McDonald Street, Green Bay, Wis. 54306. applicant requests it be held at Washing­ REFRIGERATED XPRESS, INC., 2125 Applicant’s representatives: D. F. M ar­ ton, d .c . Commercial, Waterloo, Iowa 50704. Ap­ tin (same address as applicant), and No. MC 29886 (Sub-No. 261), filed plicant’s representative: Truman A. Charles W . Singer, 33 North Dearborn May 28, 1970. Applicant: DALLAS & Stockton, Jr., The 1650 Grant Street Street, Chicago, HI. 60602. Authority MAVIS FO RW ARDING CO., INC., 4000 Building, Denver, Colo. 80202. Authority sought to operate as a common carrier, West Sample Street, South Bend, sought to operate &s a common carrier, by motor vehicle, over irregular routes, Ind. 46621. Applicant’s representative: by motor vehicle, over irregular routes, transporting: (1) Plastic products, com­ Charles Pieroni (same address as appli­ transporting: Foodstuffs (except in bulk, ponent parts, and accessories; (a) from cant) . Authority sought to operate as a in tank vehicles), from Brentwood, Md., Portland, Ind., to points in Arkansas, common carrier, by motor vehicle, over to points in Ohio, Illinois, Indiana, Iowa, Illinois, Indiana, Iowa, Kansas, Ken­ irregular routes, transporting: (1) Com­ Kansas, Michigan, Minnesota, Missouri, tucky, Louisiana, Michigan, Minnesota, modities which because of size or weight Nebraska, New York, Pennsylvania, Mississippi, Missouri, Nebraska, North require the use of special equipment or Texas, and Wisconsin. N o t e : Applicant Dakota, Ohio, Oklahoma, South Dakota,

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 10404 NOTICES

Tennessee, West Virginia, and Wiscon­ and, on the other, points in Michigan on N o t e : Applicant states that unless sin; (b) from Durant, Miss., to points and south of Michigan Highway 21. otherwise restricted, it proposes to serve in Arkansas, Georgia, Illinois, Indiana, N o t e : Applicant states that tacking can all intermediate points and coordinate Iowa, Kansas, Kentucky, Michigan, be provided in Michigan at points on and with all other service. Common control Minnesota, Mississippi, Missouri, Ne­ south of Michigan Highway 21. This may be involved. If a hearing is deemed braska, North Carolina, North Dakota, would permit service under carrier’s ex­ necessary, applicant requests it be held Ohio, Oklahoma, South Carolina, South isting authority from the entire State of at Amarillo or Lubbock, Tex. Dakota, Tennessee, Texas, and Wiscon­ Michigan. If a hearing is deemed neces­ No. MC 61231 (Sub-No. 50), filed sin; (c) from Manchaug and Worcester, sary, applicant requests it be held at June 1, 1970. Applicant: ACE LINES, Mass., Central. Palls, R.I., and Stanhope, Chicago, 111. INC., 4143 East 43d Street, Des Moines, N.J., to points in Alabama, Arkansas, No. MC 60087 (Sub-No. 14), filed Iowa 50317. Applicant’s representative: Connecticut, Delaware, Florida, Georgia, April 27, 1970. Applicant: CURRY William L. Fairbank, 610 Hubbell Build­ Illinois, Indiana, Iowa, Kansas, Ken­ MOTOR FREIGHT LINES, INC., 700 ing, Des Moines, Iowa 50309. Authority tucky, Louisiana, Maryland, Massachu­ Northeast Third Street, Amarillo, Tex. sought to operate as a common carrier, setts, Michigan, Minnesota, Mississippi, 79105. Applicant’s representative: Grady by motor vehicle, over irregular routes, Missouri, Nebraska, North Carolina, L. Fox, 222 Amarillo Building, Amarillo, transporting: (1) Insulation and insula­ North Dakota, New Jersey, New York, Tex. 79101. Authority sought to operate tion board, and materials and accessories Ohio, Oklahoma, Pennsylvania, Rhode as a common carrier, by motor vehicle, vised in the installation of insulation and Island, South Carolina, South Dakota, over regular routes, transporting: Gen­ insulation board, from Kansas City, Mo., Tennessee, Texas, Virginia, West Vir­ eral commodities, (1) between Canyon, to points in South Dakota; and (2) roof­ ginia, Wisconsin, and the District of Tex., and Farwell, Tex., over U.S. High­ ing and building materials, and materials Columbia; (2) containers, container ends way 60, serving all intermediate points used in the installation and application and accessories and materials, equip­ except those between Canyon and Fri- of roofing and building materials (except ment, and supplies used in the sale, man­ ona, Tex.; (2) between Canyon and Fri- iron and steel, and commodities in bulk), ufacture and distribution of containers ona, Tex.; (2) between Lubbock and from Kansas City, Mo., to points in Ne­ and container ends, between points in Farwell, Tex., over U.S. Highway 84, braska and South Dakota. N o t e : Appli­ those destination States as outlined in serving all intermediate points except cant states that the requested authority 1(c) above. N o t e : Applicant states that Anton and Shallowater, Tex.; (3) be­ can be tacked with its existing authority the requested authority could be tacked tween Denver City, Tex., and Riona, but indicates that it has no present in­ with various subs of MC 51146, and ap­ Tex., over Texas Highway 214, serving tention to tack and therefore does not plicant will tack with its MC 51146 all intermediate points; (4) between identify the points or territories which where feasible. Common control may be Brownfield, Tex., and Dimmitt, Tex., can be served through tacking. Persons involved. If a hearing is deemed neces­ over U.S. Highway 385, serving all in­ interested in the tacking possibilities are sary, applicant requests it be held at termediate points; (5) between Anton, cautioned that failure to oppose the Chicago, HI. Tex., and junction Texas Highway 1714 application may result in an unrestricted No. MC 51146 (Sub-No. 162), filed and U.S. Highway 87, from Anton over grant of authority. If a hearing is May 28, 1970. Applicant: SCHNEIDER Texas Highway 168 to junction Texas deemed necessary, applicant requests it TRANSPORT & STORAGE, INC., 817 Highway 1714, thence over Texas High­ be held at Kansas City, Mo. McDonald Street, Green Bay, Wis. 54306. way 1714 to junction U.S. Highway 87, No. MC 61592 (Sub-No. 178), filed Applicant’s representatives: D. P. Mar­ and return over the same route serving June 1, 1970. Applicant: JENKINS tin (same address as applicant) and all intermediate points except no service TRUCK LINE, INC., 3708 Elm Street, Charles W . Singer, 33 North Dearborn at Anton; (6) between Brownfield and Bettendorf, Iowa 52722. Applicant’s rep­ Street, Chicago, 111. 60602. Authority Plains, Tex., over U.S. Highway 380, resentative: R. Connor Wiggins, Jr., 100 sought to operate as a common carrier, serving all intermediate points; (7) (a) North Main Building, Memphis, Tenn. by motor vehicle, over irregular routes, between Smyer, Tex., and junction 38103. Authority sought to operate as a transporting: Such merchandise as is Texas Highway 1780 and U.S. Highway common carrier, by motor vehicle, over dealt in by discount and department 380, from Smyer over Texas Highway irregular routes, transporting: Motor stores, from Pawtucket, and Woon­ 168 to Ropesville, Tex., thence over vehicles, in initial movements in drive- socket, R.I., to points in Illinois, Indiana, Texas Highway 41 to junction Texas away service, and cabs, bodies and parts, Iowa, Kentucky, Michigan, Minnesota, Highway 303, thence over Texas High­ from Garland, Tex., to points in Michi­ Missouri, and Wisconsin. N o t e : Appli­ way 303 to junction Texas Highway 301, gan, Pennsylvania, Ohio, Indiana, Illi­ cant states that the requested authority at or near Sundown, Tex., and thence nois, Alabama, New Mexico, California, cannot be tacked with its existing au­ over Texas Highway 301 to junction Texas, Louisiana, Oregon, Florida, Ten­ thority. Common control may be in­ Texas Highway 1780 and thence south nessee, Arkansas, and Wisconsin. N o t e : volved. If a hearing is deemed necessary, over Texas Highway 1780 to junction Applicant states that the requested au­ applicant requests it be held at Washing­ U.S. Highway 380, and return over the thority cannot be tacked with its existing ton, D.C. same route; and authority. Common control may be in­ No. MC 57778 (Sub-No. 12), filed (b) Between Sundown, Tex., and volved. If a hearing is deemed necessary, May 27, 1970. Applicant: MICHIGAN junction Texas Highway 1585 and U.S. applicant requests it be held at Fort REFRIGERATED TRUCKING SERV­ Highway 385, over Texas Highway 1585, Worth, Tex. ICE, INC., 6134 West Jefferson Avenue, and return over the same routes in (7) No. MC 83539 (Sub-No. 279), filed Detroit, Mich. 48209. Applicant’s repre­ (a) and (b) above, serving all inter­ May 25, 1970. Applicant: C & H TRANS­ sentative: William B. Elmer, 22644 mediate points; (8) between Plainview PORTATION CO., INC., 1936-2010 West Gratiot Avenue, East Detroit, Mich. and Muleshoe, Tex., over U.S. Highway Commerce Street, Post Office Box 5976, 48201. Authority sought to operate as a 70 serving all intermediate points; (9) Dallas, Tex. 75222. Applicant’s represen­ common carrier, by motor vehicle, over between Plainview and Dimmitt, Tex., tatives: Kenneth Weeks (same address irregular routes, transporting: Frozen over Texas Highway 194; (10) between as above), and Thomas E. James, The foods, the commodities classified as 'Hart, Tex., and junction Texas High­ 904 Lavaca Building, Austin, Tex. 78701. meats, meat products, and meat by­ ways 145 and 214, over Texas Highway Authority sought to operate as a com­ products, dairy products, and articles 145, serving all intermediate points; (11) mon carrier, by motor vehicle, over irreg­ distributed by meat packinghouses, in between Tulia, Tex., and Bovina, Tex., ular routes, transporting: Petroleum the appendix to the report in Modifica­ over Texas Highway 86, serving all in­ fuelers, mounted or not mounted, and tion of Permits—Packinghouse Products, termediate points; (12) between Little­ accessories, attachments, and parts 46 M.C.C. 23, 48 M.C.C. 628, and adver­ field, Tex., and Spade, Tex., over Texas therefor, from Kansas City, Mo., to tising materials, table sauces, condi­ Highway 54, serving all intermediate points in the United States (except ments, and specialty food items, and points; and (13) between Sudan, Tex., Missouri and Hawaii). N o t e : Applicant fresh and frozen fish, in vehicles and junction Texas Highway 303 and states that the requested authority can­ equipped with mechanical refrigeration, U.S. Highway 70, over Texas Highway not be tacked with its existing authority. between Chicago, 111., on the one hand, 303, serving all intermediate points. Common control may be involved. If a

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 NOTICES 10405

hearing is deemed necessary, applicant 89684 Sub 57 to serve between Ririe, 1628, Greenville, S.C. 28602 and Ames, requests it be held at Kansas City, Mo. Idaho, and Jackson, Wyo., over a more Hill & Ames, 666 11th Street NW., M c- or Kansas City, Kans. circuitous route. If a hearing is deemed Lachlen Building, Suite 705, Washington, No. MC 83539 (Sub-No. 281), filed necessary, applicant requests it be held D.C. 20001. Authority sought to operate May 28, 1970. Applicant: C & H TRANS­ at Boise, Idaho. as a common carrier, by motor vehicle, PORTATION CO., INC., 1936-2010 West No. MC 94201 (Sub-No. 87), filed May over irregular routes, transporting: Commerce Street, Post Office Box 5976, 1, 1970. Applicant: BOWMAN TRANS­ Trailers designed to be drawn by pas­ Dallas, Tex. 75222. Applicant’s repre­ PORTATION, INC., 1010 Stroud Avenue, senger automobiles in initial move­ sentatives: Kenneth Weeks (same ad­ Gadsden, Ala. 35903. Applicant’s repre­ ments, and buildings, mounted on dress as applicant), and Thomas E. sentative: Maurice F. Bishop, 327 Frank wheeled undercarriages, from points in James, 904 Lavaca Building, Austin, Nelson Building, Birmingham, Ala. Georgia, to points in South Carolina and Tex. 78701. Authority sought to operate 35203. Authority sought to operate as a Florida and all points East of the Mis­ as a common carrier, by motor vehicle, common carrier, by motor vehicle, over sissippi River, including Louisiana and over irregular routes, transporting: Tub­ irregular routes, transporting: Paper Minnesota. N o t e : Common control may ing (other than oilfield tubing), from and paper products, from the plantsite, be involved. Applicant states that the Rosenberg, Tex., to points in the United warehouses, and shipping facilities of requested authority cannot be tacked States (except Hawaii). N o t e : Appli­ Allied Paper, Inc., at or near Jackson, with its existing authority. The purpose cant states that the requested authority Ala., to points in Indiana and Tennessee, of this republication is to broaden the cannot be tacked with its existing au­ points in that part of Ohio on, west and territorial scope. If a hearing is deemed thority. Common control may be in­ north of a line beginning at a point on necessary, applicant requests it be held volved. If a hearing is deemed neces­ the Ohio-Pennsylvania State line near at Atlanta, Ga. sary, applicant requests it be held at Sharon, Pa., and extending along U.S. No. MC 97357 (Sub-No. 31), filed Houston or Dallas, Tex. Highway 62 to Columbus, Ohio, thence June 1, 1970. Applicant: ALLYN No. MC 83835 (Sub-No. 70), filed along U.S. Highway 23 to Circleville, TRANSPORTATION COMPANY, a cor­ June 4,1970. Applicant: W ALES TRANS­ Ohio, and thence along U.S. Highway poration, 14011 "South Central Avenue, PORTATION, INC., Post Office Box 6186, 22 to Cincinnati, Ohio, and points in that Los Angeles, Calif. 90059. Applicant’s Dallas, Tex. 75222. Applicant’s repre­ part of Illinois on and bounded by a representative: Carl H. Fritze, 1545 W il- sentative: James W. Hightower, 136 line beginning at the Hlinois-Indiana shire Boulevard, Suite 606, Los Angeles, Wynnewood Professional Building, Dal­ State line and extending along U.S. Calif. 90017. Authority sought to operate las, Tex. 75224. Authority sought to op­ Highway 36 to Springfield, 111., thence as a common carrier, by motor vehicle, erate as a common carrier, by motor along Illinois Highway 29 to Peoria, HI., over irregular routes, transporting: (1) vehicle, over irregular routes, trans­ thence along Hlinois Highway 116 to Sulphuric acid, in bulk, from points in porting: Pipe and/or tubing, from Ger­ Metamora, HI., thence along Hlinois Los Angeles County, Calif.; (2) caustic ald, Mo., to points in Alabama, Arkansas, Highway 89 to junction U.S. Highway soda, liquid, in bulk, from points in Los Colorado, Georgia, Illinois, Indiana, 34, thence along U.S. Highway 34 to Angeles County, Calif., (3) aqua am­ Iowa, Kansas, Kentucky, Louisiana, Chicago, HI., thence along Lake Michi­ monia, liquid, in bulk, from Wilmington, Michigan, Mississippi, Nebraska, Ohio, gan to the Hlinois-Indiana State line, Calif., and (4) chemicals, liquid, in bulk, Oklahoma, Pennsylvania, Tennessee, and thence along the Hlinois-Indiana from Needles and Los Angeles, Calif., to Texas, and Wisconsin. N o t e : Applicant State line to point of beginning. N o t e : the Mohave Steam Electric Generating states that the requested authority can­ Applicant states that under its existing Plant of Southern California Edison Co., not be tacked with its existing authority. certificates, it can transport the involved located in Clark County, Nev., near Bull­ If a hearing is deemed necessary, appli­ commodities from the origin to all des­ head City, Ariz. N o t e : Applicant states cant requests it be held at Fort Worth, tination points in a single line service that the requested authority cannot be Tex., or Washington, D.C. over a circuitous route. Specifically, it tacked with its existing authority. If a No. MC 89684 (Sub-No. 74), filed holds authority to transport general hearing is deemed necessary, applicant requests it be held at Los Angeles, Calif. June 1, 1970. Applicant: W YCO FF commodities, with the usual exceptions, COMPANY, INCORPORATED, 560 between Cedartown, Lindale, Mount No MC 103993 (Sub-No. 528), filed South Second West, Salt Lake City, Berry, Rome, and Summerville, Ga., on June 3, 1970. Applicant: MORGAN Utah 84101. Applicant’s representative: the one hand, and, on the other, points DRIVE-AWAY, INC., 2800 West Lexing­ Harry D. Pugsley, 400 El Paso Gas Build­ in Alabama. It also hold authority to ton Avenue, Elkhart, Ind. 46514. Appli­ ing, Salt Lake City, Utah 84111. Author­ transport general commodities between cant’s representatives: Paul D. Borghe- ity sought to operate as a common car­ Chattanooga, Tenn., and Birmingham, sani (same address as above) and Ralph rier, by motor vehicle, over regular Ala., serving Rome, Ga., as an inter­ H. Miller. Authority sought to operate as routes, transporting: General commodi­ mediate point. It holds authority under a common carrier, by motor vehicle, ties, except articles of unusual value, its Sub-No. 63 to transport general com­ over irregular routes, transporting: classes A and B explosives, household modities, with the usual exceptions, be­ Buildings, in sections, mounted on under­ goods as defined by the Commission, tween points within a 65-mile radius of carriages, from points in Atlantic commodities in bulk, and those requir­ Birmingham, Ala., including Birming­ County, N.J., to points in the United ing special equipment, between Ririe, ham, on the one hand, and, on the States (except Alaska and H aw aii). Ap­ Idaho, and Jackson, Wyo., from Ririe other, all of the involved destination plicant states that the requested author­ over U.S. Highway 26; from Swan Valley territory. By tacking these separate ity cannot be tacked with its existing over Utah Highway 31 to Victor, Idaho, grants, applicant can transport the in­ authority. If a hearing is deemed neces­ and from Victor, Idaho, over Wyoming volved commodities from the origin point sary, applicant requests it be held at Highway 22 to Jackson, Wyo., and re­ to all destination points in a single line Atlantic City, N.J. turn over the same route as an alternate service through the gateways noted. This No. MC 103993 (Sub-No. 529), filed route. Restriction: The service author­ application would eliminate that cir­ June 3, 1970. Applicant: MORGAN ized herein is subject to the following cuity. If a hearing is deemed necessary, DRIVE-AWAY, INC., 2800 West Lexing­ conditions: The operations authorized applicant requests it be held at Wash­ ton Avenue, Elkhart, Ind. 46514. Appli­ herein are restricted to the transporta­ ington, D.C. cant’s representatives: Paul D. Borghe- tion of packages or articles each weighing No. MC 94350 (Sub-No. 255) (Amend­ sani (same address as above) and Ralph not more than 100 pounds. Said opera­ ment), filed February 24,1970, published H. Miller. Authority sought to operate tions are restricted against the transpor­ F ederal R eg ister issue of March 19, as a common carrier, by motor vehicle, tation of packages or articles weighing 1970, amended June 10, 1970, and re­ over irregular routes, transporting: more than 200 pounds in the aggregate published as amended, this issue. Appli­ Trailers designed to be drawn by pas­ from one consignor at one location to cant: TRANSIT HOMES, INC., Hay­ senger automobiles, in initial movements, one consignee at one location during a wood Road, Post Office Box 1628, Green­ from points in Vance County, N.C., to single day. N o te : Applicant already holds ville, S.C. 29602. Applicant’s represent­ points in the United States (except authority under its Certificate No. MC atives: Mitchell King, Post Office Box Alaska and Hawaii). N o t e : Applicant

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 No. 123------8 10406 NOTICES states that the requested authority can­ tana, Nebraska, Nevada, New Mexico, Louisiana (except Delhi and points not be tacked with its existing authority. Ohio, Oklahoma, Oregon, Tennessee, in Concordia, Catahoula, and Tensas If a hearing is deemed necessary, appli­ Texas, Utah, North Dakota, South Da­ Parishes) to points in Mississippi and cant requests it be held at Raleigh, kota, Washington, West Virginia, W is­ points in Baldwyn and Mobile Counties, Ala. N o t e : Applicant states that al­ N.C. consin, and Wyoming, and from the though tacking is not contemplated at No. MC 103993 (Sub-No. 530), filed plants and warehouse facilities of Penn this time, the authority sought could be June 3, 1970. Applicant: MORGAN Ventilator Co., Inc., located at Keyser, combined with various authorities in its DRIVE-AWAY, INC., 2800 West Lexing­ W . Va., Junction City, Ky., and Phila­ MC 107002 and subs thereto to render ton Avenue, Elkhart, Ind. 46514. Ap* delphia, Pa. N o t e : Applicant states that service to points in several States. Per­ plicant’s representative: Paul D. Borg- the requested authority cannot be tacked sons interested in the tacking possibili­ hesani (same address as above) and with its existing authority. Common con­ ties are cautioned that failure to oppose Ralph H. Miller. Authority sought to op­ trol and dual operations may be involved. the application may result in an unre­ erate as a common carrier, by motor ve­ If a hearing is deemed necessary, appli­ stricted grant of authority. If a hearing hicle, over irregular routes, transporting: cant requests it be held at Philadelphia, Fiberglass combination tub and shower Pa. is deemed necessary, applicant requests it be held at New Orleans, La., or Jack- units, fiberglass bath units, and fiberglass No. MC 106389 (Sub-No. 480), Filed son, Miss. shower units, from Boise, Idaho, to points June 4, 1970. Applicant: NATIONAL No. MC 107295 (Sub-No. 387), filed in the United States (except Alaska and TRAILER CONVOY, INC., 1925 National May 21, 1970. Applicant: PRE-FAB Hawaii). N ote: Applicant states that Plaza, Tulsa, Okla. 74151. Applicant’s TRANSIT CO., a corporation, 100 South the requested authority cannot be tacked representatives: Irvin Tull (same ad­ Main Street, Farmer City, HI. 61842. Ap­ with its existing authority. If a hearing dress as applicant) and Leonard A. Jas­ plicant’s representative: Dale L. Cox is deemed necessary, applicant requests kiewicz, 1730 M Street, NW., Washington, D.C. 20036. Authority sought to operate (same address as applicant). Authority it be held at Boise, Idaho. sought to operate as a bommon carrier, No. MC 103993 (Sub-No. 531), filed as a common carrier, by motor vehicle, over irregular routes, transporting: by motor vehicle, over irregular routes, June 3, 1970. Applicant: MORGAN transporting: Ventilators, ventilator DRIVE-AWAY, INC., 2800 West Lexing­ Trailers designed to be drawn by passen­ ger automobiles, in initial movements parts, ventilator equipment, ventilator ton Avenue, Elkhart, Ind. 46514. Appli­ systems, and accessories used in the in­ cant’s representative: Paul D. Borghe- and buildings, in sections, mounted on wheeled undercarriages, from points of stallation thereof, from Tabor City, N.C., sani (same address as applicant). Au­ to points in Alabama, Arkansas, Florida, thority sought to operate as a common manufacture, from Linsay, Okla., to points in the United States (except Georgia, Illinois, Indiana, Iowa, Kansas, carrier, by motor vehicle, over irregular Kentucky, Louisiana, Michigan, Minne­ routes, transporting: Building materials, Alaska and Hawaii). N o t e : Applicant states that the requested authority can­ sota, Mississippi, Missouri, Nebraska, from International Falls, Minn., to points North Dakota, Ohio, Oklahoma, South in Kansas, Nebraska, North Dakota, and not be tacked with its existing authority. Common control may be involved. If a Carolina, South Dakota, Tennessee, South Dakota. N o t e : Applicant states hearing is deemed necessary, applicant Texas, Virginia, West Virginia, and that the requested authority cannot be Wisconsin. N o t e : Applicant states that requests it be held at Oklahoma City, tacked with its existing authority. If a the requested authority cannot be Okla. hearing is deemed necessary, applicant tacked with its existing authority. If a requests it be held at Duluth, Minn. No. MC 106920 (Sub-No. 38), filed hearing is deemed necessary, applicant No. MC 105045 (Sub-No. 23), filed May 20, 1970. Applicant: RIGGS FOOD requests it be held at Philadelphia, Pa., June 1, 1970. Applicant: R. L. JEF­ EXPRESS, INC., West Monroe Street, or Washington, D.C. Post Office Box 26, New Bremen, Ohio FERIES TRUCKING CO., INC., 1020 No. MC 107515 (Sub-No. 697), filed 45869. Applicant’s representatives: Car- Pennsylvania Street, Evansville, Ind. May 28, 1970. Applicant: REFRIGER­ roll V. Lewis, 122 East North Street, 47701. Applicant’s representative: Ernest ATED TRANSPORT CO., INC., Post Sidney, Ohio 45365, and Victor J. Tam- A. Brooks, II, 1301 Ambassador Building, Office Box 308, 3901 Jonesboro Road, St. Louis, Mo. 63101. Authority sought to bascia (same address as applicant). Forest Park, Ga. 30050. Applicant’s operate as a common carrier, by motor Authority sought to operate as a com­ representative: B. L. Gundlach (same by motor vehicle, over vehicle, over irregular routes, transport­ mon carrier, address as above). Authority sought to ing: Air conditioning cooling, heating, irregular routes, transporting: Food­ operate as a common carrier, by motor and humidifying equipment, from Deca­ stuffs in vehicles equipped with mechan­ vehicle, over irregular routes, transport­ tur, Ala., to points in Wisconsin, Michi­ ical refrigeration (except commodities ing: Frozen foods, from Englewood and gan, Ohio, Virginia, New Jersey, New in bulk, in tank vehicles), from Louis­ Tiffin, Ohio, to points in Alabama, York, Connecticut, Rhode Island, Mas­ ville,. Ky., and Evansville, Indianapolis, Arkansas, Florida, Georgia, Louisiana, sachusetts, New Hampshire, Vermont, and Washington, Ind., to points in Mississippi, North Carolina, Oklahoma, Pennsylvania, New York, New Jersey, and Delaware. N o t e : Applicant states South Carolina, Tennessee, and Texas. Maryland, Delaware, District of Colum­ that the requested authority cannot be N ote : Applicant states that the re­ tacked with its existing authority. If a bia, Massachusetts, Connecticut, Rhode quested authority could be tacked with hearing is deemed necessary, applicant Island, Illinois, Florida, Georgia, North its presently held authority in Sub 597, requests it be held at Birmingham, Ala., Carolina, South Carolina, Virginia, and but does not contemplate tacking as it or Washington, D.C. West Virginia. N o t e : Common control has other gateways. Persons interested may be involved. Applicant states that in the tacking possibilities are cautioned No. MC 106398 (Sub-No. 479), filed the requested authority cannot be tacked May 28, 1970. Applicant: NATIONAL that failure to oppose the application with its existing authority. If a hearing may result in an unrestricted grant of TRAILER CONVOY, INC., 1925 National is deemed necessary, applicant requests Plaza, Tulsa, Okla. 74151. Applicant’s authority. If a hearing is deemed neces­ it be held at Louisville, Ky., or Wash­ sary, applicant requests it be held at representatives: Irvin Tull (same address ington, D.C. as above) and Leonard A. Jaskiewicz, Atlanta, Ga., or Washington, D.C. 1730 M Street NW „ Suite 501, Washing­ No. MC 107002 (Sub-No. 393), filed No. MC 107544 (Sub-No. 95), filed ton, D.C. 20036. Authority sought to op­ June 7, 1970. Applicant: MILLER May 28, 1970. Applicant: LEMMON erate as a common carrier, by motor TRANSPORTERS, INC., Post Office Box TRANSPORT COMPANY, INCORPO­ vehicle, over irregular routes, transport­ 1123, U.S. Highway 80 West, Jackson, RATED, Post Office Box 580, Marion, Va. ing: Ventilators, ventilator parts, venti­ Miss. 39205. Applicant’s representatives: 24354. Applicant’s representatives: Daryl lator equipment, ventilator systems and John J. Borth (same address as above), J. Henry (same address as above), and accessories used in the installation also H. D. Miller, Jr., Post Office Box Harry C. Ames, 666 11th Street N W , thereof, from Tabor City, N.C., to points 22567, Jackson, Miss. 39205. Authority Washington, D.C. 20001. Authority in Arkansas, Arizona, California, Colo­ sought to operate as a common carrier, sought to operate as a common carrier, rado, Idaho, Illinois, Indiana, Iowa, by motor vehicle, over irregular routes, by motor vehicle, over irregular routes, Kansas, Kentucky, Louisiana, Michigan, transporting: Liquefied petroleum gas, transporting: Natural latex, in bulk, in Minnesota, Missouri, Mississippi, Mon­ in bulk, in tank vehicles, from points in tank vehicles, from Savannah, Ga., to

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 NOTICES 10407 points in Alabama, Connecticut, Dela­ sections A and C of appendix I to the Madison, Wis. 53702. Authority sought ware, Florida, Georgia, Illinois, Indiana, report in Descriptions in Motor Carrier to operate as a common carrier, by motor Kentucky, Maryland, Maine, Massachu­ Certificates, 61 M.C.C. 209 and 766 (ex­ vehicle, over irregular routes, transport­ setts, Michigan, Mississippi, Missouri, cept hides and commodities in bulk) ing: Anhydrous ammonia, from the stor­ New Hampshire, New Jersey, New York, from the plantsite and/or cold storage age facilities of Central Farmers Fer­ North Carolina, Ohio, Pennsylvania, facilities of Wilson Sinclair Co., located tilizer Co. at or near Frankfort, Ind., to Rhode Island, South Carolina, Tennes­ at Cedar Rapids, Iowa, to Memphis, points in Indiana, Ohio, Illinois, and see, Texas, Vermont, Virginia, West Vir­ Tenn., restricted to traffic originating Michigan. N o t e : Applicant states that ginia, and the District of Columbia. at the above specified plantsites and the requested authority can be tacked N o t e : Applicant states that the re­ storage facilities and destined to the with its existing authority but indicates quested authority cannot be tacked with above destinations. N o t e : If a hearing is that it has no present intention to tack its existing authority. Applicant further deemed necessary, applicant requests it and therefore does not identify the points states that it holds contract carrier au­ be held at Chicago, 111., or Dallas, Tex. or territories which can be served thority under MC 113959 and Subs 1 and No. MC 108393 (Sub-No. 31) (Clarifica­ through tacking. Persons interested in 2, therefore dual operations may be in­ tion), filed April 24, 1970, published in the tacking possibilities are cautioned volved. If a hearing is deemed necessary, F ederal R e g ister issue of May 28, 1970, that failure to oppose the application applicant requests it be held at Wash­ and republished as clarified this issue. may result in an unrestricted grant of ington, D.C., or New York, N.Y. Applicant: SIGNAL DELIVERY SERV­ authority. If a hearing is deemed neces­ No. MC 107839 (Sub-No. 142), hied ICE, INC., 930 North York Road, Hins­ sary, applicant requests it be held at June 4, 1970. Applicant: DENVER-AL­ dale, 111. 60521. Applicant’s representa­ Chicago, HI., or Minneapolis, Minn. BUQUERQUE MOTOR TRANSPORT, tive: J. A. Kundtz, 1100 National City No. MC 109397 (Sub-No. 227), filed INC., 770 East 51st Avenue, Denver, Colo. Bank Building, Cleveland, Ohio 44114. June 1, 1970. Applicant: TRI-STATE 80216. Applicant’s Representative: Ed­ Authority sought to operate as a contract M OTOR TR ANSIT CO., a corporation, ward T. Lyons, Jr., 420 Denver Club carrier, by motor vehicle, over irregular Post Office Box 113, Joplin, Mo. 64801. Building, Denver, Colo. 80202. Authority routes, transporting: (1) Electrical and Applicant’s representatives: A. N. Jacobs sought to operate as a common carrier, gas appliances; (2) parts of electrical (same address as applicant) and, W il­ by motor vehicle, over irregular routes, and gas appliances; and (3) equipment, burn L. Williamson, 600 Leininger transporting: Meats, meat products, materials, and supplies used in the Building, Oklahoma City, Okla. 73112. meat byproducts, dairy products, and manufacture, distribution, and repair of Authority sought to operate as a com­ articles distributed by meat packing­ electrical and gas appliances; (a) be­ mon carrier, by motor vehicle, over ir­ houses, as described in sections A, B, and tween Danville, Ky., on the one hand, regular routes, transporting: (1) Anti­ C of appendix I to the report in Descrip­ ' and, on the other, Cincinnati, Columbus, pollution systems and antipollution sys­ tions in Motor Carrier Certificates, 61 Cleveland, Marion, Clyde, and Findlay, tem parts, from Mishawaka, Ind., to M.C.C. 209 and 766, from the plantsite Ohio, Chicago, 111., Nashville and Knox­ points in the United States (except of Missouri Beef Packers, Inc., near ville, Tenn., Indianapolis and Evansville, Alaska and Hawaii), and (2) materials, Plainview, Tex., to points in Alabama, Ind., and Detroit, Grand Rapids, Benton equipment, and supplies used in the Arizona, California, Florida, Georgia, Harbor, and St. Joseph, Mich.; (b) from manufacture and processing of the com­ Idaho, Louisiana, Mississippi, Nevada, Danville, Ky., to Chattanooga and modities in (1) above, from points in the North Carolina, Oregon, South Carolina, Memphis, Tenn., Huntington, W . Va., United States (except Alaska and Tennessee, Utah, and Washington. N o t e : Peoria, 111., Saginaw, Mich., St. Louis, Hawaii), to Mishawaka, Ind. N o t e : Ap­ Applicant states that the requested au­ Mo., and Milwaukee, Wis.; and (c) from plicant states that tacking is feasible thority can be tacked with its existing Dayton, Canton, Mansfield, Prospect, with MC 109397 (Sub-No. 195) on the authority but indicates that it has no Toledo, Middletown, and Eaton, Ohio, commodities sought in this application present intention to tack and therefore Murfreesboro, Tenn., Anderson, Ind., and which, because of size or weight, require does not identify the points or territories Charlotte, Mich., to Danville, Ky., under special equipment or handling. Common which can be served through tacking. contract with Whirlpool Corp. N o t e : control may be involved. Applicant has Persons interested in the tacking possi­ Applicant holds common carrier author­ contract carrier authority under MC bilities are cautioned that failure to op­ ity under MC 118459, therefore, dual 128814 Sub 5 and other subs, therefore pose the application may result in an operations may be involved. Common dual operations may be involved. If a unrestricted grant of authority. Appli­ control may be involved. The purpose of hearing is deemed necessary, applicant cant further states that the instant ap­ this republication is to more clearly requests it be held at Chicago, HI., or plication duplicates in part the authority describe the territorial description. If a Washington, D.C. being sought in MC 167839 (Sub-No. hearing is deemed necessary, applicant No. MC 109397 (Sub-No. 228), filed 140). If a hearing is deemed necessary, requests it be held at Washington, D.C. June 1, 1970. Applicant: TRI-STATE applicant requests it be held at Lubbock, No. MC 108449 (Sub-No. 312) (Cor­ M OTOR TR ANSIT CO., a corporation, Amarillo, or Fort Worth, Tex. rection) , filed May 1, 1970, published in Post Office Box 113, Joplin, Mo. 64801. the F ederal R e g ister issue of June 4, No. MC 108207 (Sub-No. 298), filed Applicant’s representatives: A. N. Jacobs 1970, corrected and republished in part, May 20,1970. Applicant: FROZEN FOOD (same address as applicant) and Wilburn EXPRESS, 318 Cadiz, Post Office Box as corrected, this issue. Applicant: L. Williamson, 600 Leininger Building, 5888, Dallas, Tex. 75222. Applicant’s INDIANHEAD TRUCK LINE, INC., 1947 Oklahoma City, Okla. 73112. Authority representative: J. B. Ham (same address West County Road C, St. Paul, Minn. sought to operate as a common carrier, as applicant). Authority sought to oper­ 55113. Applicant’s representatives: W al­ by motor vehicle, over irregular routes, ate as a common carrier, by motor lace A. Myllenbeck (same address as ap­ transporting: Road building machinery, vehicle, over irregular routes, transport­ plicant) , and Adolph J. Bieberstein, 121 contractors’ equipment, truck mixers, ing: (1) Meats, meat products, meat by­ West Doty Street, Madison, Wis. 53702. concrete pumps, trailers, coal haulers, products, and articles distributed by N ote : The purpose of this partial repub­ laundry dryers, cleaning machinery, meat packinghouses, as described in lication is to include Adolph J. Bieber­ pumps, and hide processors, from Bryan, sections A and C of appendix I to the stein, as applicant’s representative, which Ohio, and Industry, Calif., to and from report in Descriptions in Motor Carrier was inadvertently omitted from the points in the United States, including 61 M.C.C. 209 and 766 (ex­ previous publication. The rest of the ap­ Certificates, Alaska, excluding Hawaii. N o t e : Appli­ cept hides and commodities in bulk) from plication remains the same. cant states that tacking is feasible with the plantsite and/or cold storage facili­ No. MC 108449 (Sub-No. 313), filed MC 109397 (Sub-No. 195), on the com­ ties of Wilson Sinclair Co., located at June 4, 1970. Applicant: INDIANHEAD modities sought in this application which Albert Lea, Minn., to points in Arkansas, TRUCK LINE, INC., 1947 West County because of size or weight, require special Louisiana, Oklahoma, and Texas and Road C, St. Paul, Minn. 55113. Appli­ equipment or handling. Common control (2) meats, meat products, meat by­ cant’s representatives: W . A. Myllenbeck may be involved. Applicant has contract products, and articles distributed by (same address as applicant), and Adolph carrier authority under MC 128814 (Sub- meat packinghouses, as described in H. Bieberstein, 121 West Doty Street, No. 5) and other subs, therefore dual

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 10408 NOTICES operations may be involved. If a hearing No. MC 110525 (Sub-No. 977), filed bury Co. at or near Denison, Tex., to is deemed necessary, applicant requests it June 8, 1970. Applicant: CHEMICAL points in Arkansas, Louisiana, Missis­ be held at Washington, D.C. LEAMAN TANK LINES, INC., 520 sippi, Missouri, Tennessee, Mobile, Ala., No. M C 109658 (Sub-No. 7), filed East Lancaster Avenue, Downingtown, and Pensacola, Fla., restricted to traffic June 8,1970. Applicant: LYLE E. W INN, Pa. 19335. Applicant’s representatives: originating at the plantsite and ware­ doing business as M ARION M ACHINE Thomas J. O ’Brien (same address as ap- * house facilities of the Pillsbury Co. at W ORKS, 523 South Main Street, Marion, plicant), and Leonard A. Jaskiewicz, or near Denison, Tex., and destined to Ky. Applicant’s representative: H. S. Suite 501, 1730 M Street NW., Washing­ the destination points above. N o t e : Melton, Jr., Box 1407, 234 Katterjohn ton, D.C. 20036. Authority sought to op­ Common control may be involved. If a Building, Paducah, Ky. 42001. Authority erate as a common carrier, by motor ve­ hearing is deemed necessary, applicant sought to operate as a common carrier, hicle, over irregular routes, transporting: requests it be held at Minneapolis, Minn., by motor vehicle, over irregular routes, Liquefied petroleum gas, in bulk, in tank or Chicago, 111. transporting: Fluorspar, in bulk, in pneu­ vehicles, from Exeter, N.H., to Malden, No. MC 113624 (Sub-No. 54) (Amend­ matic trailers, from points in Hardin Reading, Revere, Lawrence, Danvers, ment), filed May 13, 1970, published in County, 111., to Calvert City, Ky. N o t e : Salem, Gloucester, Northampton, South- F ederal R eg ister issue of June 4, 1970, Applicant states that the requested au­ bridge, Norwood, and Leominster, Mass. amended June 2, 1970, republished as thority cannot be tacked with its exist­ N o t e : Applicant states that the re­ amended this issue. Applicant: W ARD ing authority. If a hearing is deemed nec­ quested authority can be tacked with its TRANSPORT, INC., Post Office Box 133, essary, applicant requests it be held existing authority but indicates that it Pueblo, Colo. 81002. Applicant’s repre­ at Louisville, Ky., or Memphis, Tenn. has no present intention to tack and sentative: Leslie R. Kehl, 420 Denver No. MC 110098 (Sub-No. 107), filed therefore does not identify the points or Club Building, Denver, Colo. 80202. Au­ May 11, 1970. Applicant: ZERO RE­ territories which can be served through thority sought to operate as a common FRIGERATED LINES, a corporation, tacking. Persons interested in the tack­ carrier, by motor vehicle, over irregular 1400 Ackerman Road, Post Office Box ing possibilities are cautioned that failure routes, transporting: Ammonium ni­ 20380, San Antonio, Tex. 78220. Appli­ to oppose the application may result in trate, from Laramie, Wyo., to points in cant’s representatives: Donald L. Stern, an unrestricted grant of authority. If a Colorado, Idaho, Kansas, Nebraska, 630 City National Bank Building, Omaha, hearing is deemed necessary, applicant South Dakota, Utah, and Wyoming. Nebr. 68102, and T. W. Cothren (same requests it be held at New York, N.Y., N ote : Applicant states that the re­ address as applicant). Authority sought or Boston, Mass. quested authority cannot be tacked with to operate as a common carrier, by motor No. MC 111401 (Sub-No. 303), filed its existing authority. Common control vehicle, over irregular routes, transport­ June 1, 1970. Applicant: GROENDYKE may be involved. The purpose of this ing: Meat, meat products, meat byprod­ TRANSPORT, INC., 2510 Rock Island republication is to broaden the scope of ucts, and articles distributed by meat Boulevard, Enid, Okla. 73701. Applicant’s territory. If a hearing is deemed neces­ packinghouses, as described in sections representatives: Victor R. Comstock and sary, applicant requests it be held at A and C of appendix I to the report in Alvin L. Hamilton (same address as Denver, Colo. Descriptions in Motor Carrier Certifi­ above). Authority sought to operate as a No. MC 113843 (Sub-No. 161), filed cates, 61 M.C.C. 109 and 766 (except hides common carrier, by motor vehicle, over June 4, 1970. Applicant: REFRIGER­ and commodities in bulk), from the irregular routes, transporting: Chemi­ ATED FOOD EXPRESS, INC.. 316 Sum­ plantsite and/ or cold storage facilities of cals, in bulk, in tank vehicles, from mer Street, Boston, Mass. 02210. Appli­ Wilson Sinclair Co. located at Albert Long Reach, W . Va., to ports of entry cant’s representative: Lawrence T. Lea, Minn., to points in Arkansas, Louisi­ on the international boundary line be­ Sheils (same address as applicant). Au­ ana, and Oklahoma, restricted to traffic tween the United States and Mexico lo­ thority sought to operate as a originating at the above-specified plant- common cated in Texas. N o t e : If a hearing is carrier, by motor vehicle, over irregular site and storage facilities and destined to deemed necessary, applicant requests it routes, transporting: Meats, meat prod­ the above destinations. N o t e : If a hear­ be held at Houston, Tex., or Washington, ucts, and meat byproducts, and articles ing is deemed necessary, applicant re­ D.C. distributed by meat packinghouses, as quests it be held at Omaha, Nebr. No. MC 112822 (Sub-No. 160), filed described in sections A and C of ap­ No. MC 110525 (Sub-No. 976), filed June 4, 1970. Applicant: BR AY LINES pendix I to the report in Descriptions June 1, 1970. Applicant: CHEMICAL INCORPORATED, Post Office Box 1191, in Motor Carrier Certificates, 61 M.C.C. LEAMAN TANK LINES, INC., 520 East 1401 North Little Street, Cushing, Okla. 209 and 766 (except hides and commodi­ Lancaster Avenue, Downingtown, Pa. 74023. Applicant’s representative: Carl L. ties in bulk in tank vehicles), from the 19335. Applicant’s representatives: Leon­ Wright (same address as applicant). Au­ plantsite and storage facilities utilized ard A. Jaskiewicz, Suite 501, 1730 M thority sought to operate as a common by Oscar Mayer & Co., Inc.,' at Daven­ Street N W , Washington, D.C. 20036, and carrier, by motor vehicle, over irregular port, Iowa, to points in Connecticut, Thomas J. O ’Brien (same address as ap­ routes, transporting: Sugar, syrups, and Delaware, Maine, Maryland, Massachu­ plicant). Authority sought to operate as blends thereof, from Kansas City, Kans.- setts, New Hampshire, New Jersey, -New a by motor vehicle, over common carrier, Mo., commercial zone, to points in York, Pennsylvania, Rhode Island, Ver­ irregular routes, transporting: Liquid Arkansas, Iowa, Nebraska, and Okla­ mont, Virginia, West Virginia, and the chemicals, in bulk, in tank vehicles, from homa. N o t e : Applicant states that the District of Columbia. Restricted to traf­ Nashville, Tenn., to points in Alabama, requested authority cannot be tacked fic originating at the above-named Arkansas, Florida, Georgia, Illinois, In­ with its existing authority. Common con­ plantsite and cold storage facilities uti­ diana, Kentucky, Louisiana, Mississippi, trol may be involved. If a hearing is lized by Oscar Mayer & Co., Inc., and Missouri, North Carolina, Ohio, Okla­ deemed necessary, applicant requests it destined to the above-specified destina­ homa, South Carolina, Texas, Virginia, be held at Kansas City, Mo., or Okla­ tion points. N o t e : Applicant states that and West Virginia. N o t e : Applicant homa City, Okla. the requested authority cannot be tacked states that the requested authority can No. M q 113267 (Sub-No. 239), filed with its existing authority. Common con­ be tacked with its existing authority but June 9, 1970. Applicant: CENTRAL & trol may be involved. If a hearing is indicates that it has no present intention SOUTHERN TRUCK LINES, INC., 312 deemed necessary, applicant requests it to tack and therefore does not identify West Morris Street, Caseyville, 111. 62232. be held at Chicago, 111., or Washington, the points or territories which can be Applicant’s representative: Lawrence A. D.C. served through tacking. Persons inter­ Fischer (same address as applicant). Au­ ested in the tacking possibilities are cau­ No.' MC 113843 (Sub-No. 162), filed thority sought to operate as a common June 4, 1970. Applicant: REFRIGER­ tioned that failure to oppose the applica­ carrier, by motor vehicle, over irregular tion may result in an unrestricted grant ATED FOOD EXPRESS, INC., 316 routes, transporting: Prepared food­ Summer Street, Boston, Mass. 02210. of authority. N o t e : If a hearing is in vehicles equipped with me­ deemed necessary, applicant requests it stuffs, Applicant’s representative: William J. be held at Washington, D.C., or Chicago, chanical refrigeration, from the plant- Boyd, 29 South La Salle Street, Chicago, 111. site and warehouse facilities of the Pills- 111. 60603. Authority sought to operate

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 NOTICES 10409 as a common carrier, by motor vehicle, tions in Motor Carrier Certificates, 61 sion of Fairmont Foods Corp. N o t e : If a over irregular routes, transporting: M.C.C. 209 and 766 (except commodities hearing is deemed necessary, applicant Meats, meat products, and meat by­ in bulk, in tank vehicles and hides), requests it be held at Lewistown, Harris­ products, and articles distributed by from the plantsite of Missouri Beef burg, or Altoona, Pa. meat packinghouses, as described in sec­ Packers, Inc., at or near Plainview, Tex., No. MC 115840 (Sub-No. 58), filed tions A and C of appendix It o the report to points in Oklahoma, Arkansas, Mis­ June 1, 1970. Applicant: COLONIAL in Descriptions in Motor Carrier Certifi­ souri, Kansas, Nebraska, South Dakota, FAST FREIGHT LINES, INC., 1215 West cates 61 M.C.C. 209 and 76C (except hides and New Mexico. N o t e : Applicant Bankhead Highway, Ppst Office Box 2169, and commodities in bulk), from Cla- states that the requested authority can­ Birmingham, Ala. 35201. Applicant’s rinda, Postville, and Storm Lake, Iowa, not be tacked with its existing authority. representatives: E. Stephen Heisley, 666 to points in Connecticut, Delaware, Dis­ If a hearing is deemed necessary, appli­ 11th Street N W „ Washington, D.C. 20001, trict of Columbia, Maine, Maryland, cant requests it be held at Dallas, Tex., and C. E. Wesley (same address as appli­ Massachusetts, New Hampshire, New or Kansas City, Mo. cant) . Authority sought to operate as a Jersey, New York, Pennsylvania, Rhode No. MC 114457 (Sub-No. 87), filed common carrier, by motor vehicle, over Island, Vermont, Virginia, and West June 1, 1970. Applicant: DART irregular routes, transporting: Iron and Virginia. N o t e : Applicant states that TRANSIT COMPANY, a corporation, steel articles, between points in Louisiana the requested authority cannot be tacked 780 North Prior Avenue, St. Paul, and points in Texas, Arkansas, Okla­ with its existing authority. Common con­ Minn. 55104. Applicant’s representative: homa, and Missouri. N o t e : Applicant trol may be involved. Applicant does not Charles W . Singer, 33 North Dearborn states that the requested authority can specify a place for a hearing. Street, Chicago, 111. 60602. Authority be tacked with its existing authority but No. MC 114211 (Sub-No. 138), filed sought to operate as a common carrier, indicates that it has no present inten­ May 20, 1970. Applicant: WARREN by motor vehicle, over irregular routes, tion to tack and therefore does not TRANSPORT, INC., 324 Manhard transporting: Foodstuffs, in vehicles identify the points or territories which Street, Post Office Box 420, Waterloo, equipped with mechanical refrigeration, can be served through tacking. Persons Iowa 50704. Applicant’s representative: from points in Minnesota and Wisconsin, interested in the tacking possibilities are Charles W. Singer, Suite 1625, 33 North to points in Connecticut, Delaware, Illi­ cautioned that failure to oppose the ap­ Dearborn Street, Chicago, 111. 60602. nois, Indiana, Kentucky, Maine, Mary­ plication may result in an unrestricted Authority sought to operate as a com­ land, Massachusetts, Michigan, New grant of authority. If a hearing is deemed mon carrier, by motor vehicle, over Hampshire, New Jersey, New York, Ohio, necessary, applicant requests it be held irregular routes, transporting: Tractors Pennsylvania, Rhode Island, Vermont, at Mobile, Montgomery, or Birmingham, (except truck tractors), agricultural im­ Virginia, West Virginia, and the District Ala. plements and farm machinery (except of Columbia. N o t e : Applicant states No. MC 115841 (Sub-No. 380), filed farm tractors), attachments for tractors, that the requested authority cannot be June 1, 1970. Applicant: COLONIAL and parts of the foregoing mentioned tacked with its existing authority. If a REFRIGERATED TRANSPORTATION, commodities when moving in mixed loads hearing is deemed necessary, applicant INC., 1215 West Bankhead Highway, with such commodities, from Grandview, requests it be held at Chicago, 111., or Post Office Box 2169, Birmingham, Ala. Mo., to points in Arizona, Arkansas, Minneapolis, Minn. 35201. Applicant’s representatives: C. E. Colorado, Idaho, Illinois, Iowa, Kansas, No. MC 115311 (Sub-No. 109), filed Wesley (same address as above), and E. Missouri, Nebraska, Nevada, New Mexico, June 2, 1970. Applicant: J & M TRANS­ Stephen Heisley, 666 11th Street N W „ Oklahoma, Utah, and Wyoming. N o t e : PORTATION CO., INC., Post Office Box Washington, D.C. 20001. Authority sought Applicant states that the requested au­ 488, Milledgeville, Ga. 31061. Applicant’s to operate as a common carrier, by motor thority cannot be tacked with its exist­ representative: Paul M. Daniell, 1600 vehicle, over irregular routes, transport­ ing authority. If a hearing is deemed First Federal Building, Atlanta, Ga. ing: Foodstuffs, materials, supplies, and necessary, applicant requests it be held 30303. Authority sought to operate as a products used in or produced by the food at Kansas City, Mo., or Chicago, HI. common carrier, by motor vehicle, over processing industry (except in bulk, or No. MC 114211 (Sub-No. 139), filed irregular routes, transporting: (1) Ply­ commodities which because of size or May 28, 1970. Applicant: WARREN wood, paneling, and moulding; (2) mate­ weight require the use of special equip­ TRANSPORT, INC., 324 Manhard, Post rials, supplies, and accessories (except ment) ; (1) between Springdale, Ark., on Office Box 420, Waterloo, Iowa 50704. commodities in bulk) used in the instal­ the one hand, and, on the other, points Applicant’s representative: Charles W. lation of plywood paneling, and mould­ in Missouri, Iowa, Illinois, Kentucky, Singer, Suite 1625, 33 North Dearborn ing when moving at the same time and Kansas, Nebraska, Oklahoma, Colorado, Street, Chicago, 111. 60602. Authority in the same vehicle with plywood, panel­ New Mexico, Arizona, California, and sought to operate as a common carrier, ing, and moulding, from points in Mana­ points in Texas, west of U.S. Highway by motor vehicle, over irregular routes, tee County, Fla., to points in Alabama, 281; and (2) between Lawton, Mich., on transporting: Cooling towers and/or Florida, Georgia, Mississippi, Louisiana, the one hand, and, on the other, points fluid coolers and parts and lumber, from South Carolina, North Carolina, Tennes­ in Ohio, Indiana, Illinois, Kentucky, points in San Joaquin County, Calif., to see, and Kentucky. N o t e : Applicant Missouri, Iowa, Kansas, Nebraska, A r­ points in the United States (except states that the requested authority can­ kansas, and Oklahoma. N o t e : Applicant Alaska and Hawaii). N o t e : Applicant not be tacked with its existing author­ states it intends to tack the requested states that the requested authority can­ ity. If a hearing is deemed necessary, authority with its existing authority, but not be tacked with its existing authority applicant requests it be held at Atlanta, does not identify the points or territories is being sought. If a hearing is deemed Ga., or Washington, D.C. which can be served through tacking. necessary applicant requests it be held at No. MC 115814 (Sub-No. 6), filed Persons interested in the tacking possi­ Kansas City, Mo., or Chicago, 111. May 25, 1970. Applicant: MARK bilities are cautioned that failure to op­ No. MC 114284 (Sub-No. 43), filed TRUCKING, INC., Trella Street, Belle­ pose the application may result in an May 26,1970. Applicant: FOX-SMYTHE ville, Pa. 17004. Applicant’s representa­ unrestricted grant of authority. Common TRANSPORTATION CO., a corporation, tive: R. Lee Ziegler, 5 North Main Street, control may be involved. If a hearing Post Office Box 82307, Stockyards Sta­ Lewistown, Pa. 17044. Authority sought is deemed necessary, applicant requests tion, Oklahoma City, Okla. Applicant’s to operate as a contract carrier, by motor it be held at Chicago, 111., Memphis, representative: John E. Jandera, 641 vehicle, over irregular routes, transport­ Tenn., or Washington, D.C. Harrison Street, Topeka, Kans. 66603. ing: Dairy case products, by refrigerated No. MC 115841 (Sub-No. 381), filed Authority sought to operate as a com­ box and paper cartons, from the plant May 28, 1970. Applicant: COLONIAL mon carrier, by motor vehicle, over ir­ of Abbotts Dairies Division of Fairmont REFRIGERATED TRANSPORTATION, regular routes, transporting: Meats, Foods Corp., Belleville, Pa., to Florence, INC., 1215 West Bankhead Highway, meat products and meat byproducts and and Perth Amboy, N.J., and refrigerated Post Office Box 2169, Birmingham, Ala. articles distributed by meat packing­ box and paper cartons, from St. Joe 35201. Applicant’s representatives: C. E. houses, as described in sections A and C Paper Co., New Castle, Del., to said plant; Wesley (same address as applicant), and °f Appendix I to the report in Descrip­ under contract with Abbotts Dairies Divi­ E. Stephen Heisley, 666 11th Street

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 10410 NOTICES

NW., Washington, D.C. 20001. Authority deemed necessary, applicant requests it necessary, applicant requests it be held sought to operate as a common carrier, be held at Des Moines, Iowa. at Boston, Mass. by motor vehicle, over irregular routes, No. MC 116073 (Sub-No. T13), filed No. MC-116915 (Sub-No. 5), filed transporting: Meats, meat products, and May 25, 1970. Applicant: BARRETT May 25, 1970. Applicant: ECK-MILLER meat "byproducts and articles distributed MOBILE HOME TRANSPORT, INC., TRANSPORTATION CORPORATION, by meat packinghouses, as described in 1825 Main Avenue Post Office Box 919, 1125 Sweeney Street, Post Office Box sections A and C of appendix I to the Moorhead, Minn. 56560. Applicant’s re­ 1279, Owensboro, Ky. 42301. Applicant’s report in Descriptions in Motor Carrier presentative: Robert G. Tessar (same ad­ representative: Louis J. Amato, Post Certificates, 61 M.C.C. 209 and 766 (ex­ dress as applicant). Authority sought to Office Box E, Bowling Green, Ky. 42101. cept hides and commodities in bulk), operate as a common carrier, by motor Authority sought to operate as a com­ from the plantsite and/or cold storage vehicle, over irregular routes, transport­ mon carrier, by motor vehicle, over facilities of Wilson Sinclair Co. located ing: Motor homes, from Idaho to points irregular routes, transporting: Alumi­ at or near Monmouth, 111., to points in in the United States (except H aw aii). num and aluminum products, from the Connecticut, Delaware, Maryland, Mas­ N o t e : Applicant states that the re­ plantsite of Harvey Aluminum Corp., sachusetts, New Jersey, New York, quested authority cannot be tacked with Hancock County, Ky., to Minneapolis Pennsylvania, Rhode Island, Virginia, its existing authority. If a hearing is and St. Paul, Minn., and points in their and the District of Columbia, restricted deemed necessary, applicant requests it respective commercial zones with the to traffic originating at the above speci­ be held at Boise, Idaho. right to perform partial drop-off at fied plantsite and storage facilities and No. MC 116073 (Sub-No. 116), filed points in Iowa and Wisconsin. N o t e : destined to the above destinations. N o t e : June 1, 1970. Applicant: BARRETT Applicant states that the requested au­ Common control may be involved. If a MOBILE HOME TRANSPORT, INC., thority cannot be tacked with its exist­ hearing is deemed necessary, applicant 1825 Main Avenue, Post Office Box 919, ing authority. If a hearing is deemed requests it be held at Amarillo, Tex., Moorhead, Minn. 56560. Applicant’s rep­ necessary, applicant requests it be held Washington, D.C., or Chicago, 111. resentative: Robert G. Tessar (same at Louisville, Ky., or Nashville, Tenn. No. MC 115955 (Sub-No. 18), filed address as above). Authority sought to No. MC 117384 (Sub-No. 2), filed May 6, 1970. Applicant: SCARPS DE­ operate as a common carrier, by motor June 8, 1970. Applicant: PAUL E. LIVERY SERVICE, INC., Post Office vehicle, over irregular routes, transport­ DAVIDSON, MAHLON E. DAVIDSON, Box 2627, Wilmington, Del. 19804. Ap­ ing: Buildings in sections mounted on AND HAROLD DAVIDSON, JR., a part­ plicant’s representative: Albert F. Beitel, wheeled undercarriages, from points in nership, doing business as DAVIDSON 905 American Security Building, Wash­ Morris County, N.J., to points in the BROTHERS, Rural Delivery 3, Belle- ington, D.C. 20005. Authority sought to United States (except Alaska and fonte, Pa. 16823. Applicant’s representa­ operate as a common carrier, by motor H aw aii). N o t e : Applicant states that the tive: William P. Sullivan, Federal Bar vehicle, over irregular routes, transport­ requested authority cannot be tacked Building West, 1819 H Street NW., Wash­ ing: Unaccompanied baggage, between with its existing authority. If a hearing ington, D.C. 20006. Authority sought to Dover, Del.; and New York, N.Y.; New­ is deemed necessary, applicant requests operate as a common carrier, by motor ark, Port Newark, McGuire Air Force it be held at Newark, N.J. vehicle, over irregular routes, transport­ Base, and Fort Dix, N.J.; Washington, No. MC 116073 (Sub-No. 117), filed ing: Limestone and limestone products, D.C.; Fort George G. Meade, and Fort June 4, 1970. Applicant: BARRETT M O­ from points in Centre County, Pa., south Holabird, Md.; and Alexandria, Va. BILE HOME TRANSPORT, INC., 1825 of Interstate Highway 80, to points in N ote : Applicant states that the re­ Main Avenue, Post Office Box 919, Moor­ Maine, Michigan, New Hampshire, and quested authority cannot be tacked with head, Minn. 56560. Applicant’s represent­ Vermont. N o t e : Applicant states that the its existing authority. If a hearing is ative: Robert G. Tessar (same address requested authority cannot be tacked deemed necessary, applicant requests it as applicant). Authority sought to oper­ with its existing authority. If a hearing be held at Washington, D.C., or W il­ ate as a common carrier, by motor ve­ is deemed necessary, applicant requests mington, Del. hicle, over irregular routes, transporting: it be held at Washington, D.C. No. MC 116073 (Sub-No. Ill), filed Trailers designed to be drawn by pas­ No. MC 117765 (Sub-No. 104), filed May 25, 1970. Applicant: BARRETT senger automobiles, in initial move­ May 25, 1970. Applicant: HAHN TRUCK MOBILE HOME TRANSPORT, INC., ments, and buildings in sections, mounted LINE, INC., 5315 Northwest Fifth, Post 1825 Main Avenue, Post Office Box 919, on wheeled undercarriages, from points Office Box 75267, Oklahoma City, Okla. Moorehead, Minn. 56560. Applicant’s of manufacture; from points in Wash­ 73107. Applicant’s representative: R. E. representative: Robert G. Tessar (same ington County, Okla., to points in the Hagan (same address as applicant). Au­ address as applicant). Authority sought United States (except Alaska and thority sought to operate as a common to operate as a common carrier, by H aw aii). N o t e : Applicant states that the carrier, by motor vehicle, over irregular motor vehicle, over irregular routes, requested authority cannot be tacked routes, transporting: Composition or transporting: Buildings, complete or in with its existing authority. If a hearing mineral wool, boards, blocks or sheets, sections, from points in Atlantic County, is deemed necessary, applicant requests materials, supplies and accessories used N.J., to points in the United States it be held at Tulsa, Okla. in installation thereof, from the plant- (except H aw aii). N ote : Applicant states No. MC 116282 (Sub-No. 22), filed site or storage facilities of the United that the requested authority cannot be May 15, 1970. Applicant: NEIL’S BAK­ States Gypsum Co. at Greenville, Miss., tacked with its existing authority. Appli­ ERY PRODUCTS TRANSPORTATION to points in Colorado, Illinois, Indiana, cant further states that no duplicating CO., a corporation, 246 Broad Street, Iowa, Minnesota, Missouri, Nebraska, authority is being sought. If a hearing Auburn, Maine. Applicant’s representa­ New Mexico, North Dakota, South Da­ is deemed necessary, applicant requests tive: Mary E. Kelley, 11 Riverside Ave­ kota, Wisconsin, and Wyoming; and (2) it be held at Atlantic City, N.J. nue, Medford, Mass. 02155. Authority mineral wool, boards, blocks or sheets, No. MC 116073 (Sub-No. 112), filed sought to operate as a contract carrier, from the plantsite or storage facilities of May 25, 1970. Applicant: BARRETT by motor .»vehicle, over irregular routes, the United States Gypsum Co. at Green­ MOBILE HOME TRANSPORT, INC., transporting: Bakery products, from ville, Miss., to points in Kansas, Okla­ 1825 Main Avenue, Post Office Box 919, Belmont, Mansfield, and Middleton, homa, and Texas. N o t e : Applicant states Moorhead, Minn. 56560. Applicant’s Mass., Greenwich and Norwalk, Conn., to that the requested authority cannot be representative: Robert G. Tessar (same points in Maine, New Hampshire, and tacked with its existing authority. If a address as applicant). Authority sought Vermont; and (2) containers used in hearing is deemed necessary, applicant to operate as a common carrier, by motor transporting bakery products and re­ requests it be held at Oklahoma City, vehicle, over irregular routes, transport­ turned bakery products, from points in Okla. ing: Trailers, from points in Warren Maine, New Hampshire, and Vermont to No. MC 117883 (Sub-No. 137), filed County, Iowa, to points in the United Belmont, Mansfield, and Middleton, June 8, 1970. Applicant: SUBLER States (except Alaska and H aw aii). Mass., and Greenwich and Norwalk, TRANSFER, INC., 791 East Main Street, N o t e : Applicant states that the re­ Conn., under contract with Bordens, Inc., Versailles, Ohio 45380. Applicant’s rep­ quested authority cannot be tacked with Pepperidge Farm, Inc., and Arnold resentatives: Edward J. Subler, Post its existing authority. If a hearing is Baker, Inc. N o t e : If a hearing is deemed Office Box 62, Versailles, Ohio 45380, and

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 NOTICES 10411

Jack H. Blanshan, 29 South La Salle Nevada; (b) from Paris, Ark., to points Alaska and Hawaii). N o t e : Applicant Street, Chicago, 111. 60603. Authority in Oklahoma, Colorado, Kansas, Iowa, states that the requested authority can­ sought to operate as a common carrier, Missouri, Minnesota, North Dakota, not be tacked with its existing authority. by motor vehicle, over irregular routes, South Dakota, Arkansas, California, If a hearing is deemed necessary, appli­ transporting: Meat, meat products and Nebraska, Illinois, Louisiana, New Mex­ cant requests it be held at Chicago, 111., meat byproducts and articles distributed ico, Arizona, Utah, and Nevada; (2) or Washington, D.C. by meat packinghouses, as described in from destination States in (a) above to No. MC 123329 (Sub-No. 18), filed May sections A and C of appendix I to the re­ Jacksonville, Tex., and from destination 20, 1970. Applicant: H. M. TRIMBLE & port in Descriptions in Motor Carrier States in (b) above to Paris, Ark. N o t e : SONS LTD., a corporation, 4056 Ogden Certificates, 61 M.C.C. 209 and 766 (ex­ Applicant states that the requested au­ Road South East, Calgary, Alberta, Can­ cept hides and commodities in bulk), thority cannot be tacked with its exist­ ada. Applicant’s representative: Ray F. from Clarinda, Postville, and Storm Lake, ing authority. Applicant does not specify Koby, 314 Montana Building, Great Falls, Iowa, to points in Connecticut, Delaware, a place for a hearing to be held. Mont. 59401. Authority sought to operate Maine, Maryland, Massachusetts, New No. MC 119522 (Sub-No. 16), filed as a common carrier, by motor ^vehicle, Hampshire, New Jersey, New York, Penn­ May 25, 1970. Applicant: McLAIN over irregular routes, transporting: sylvania, Rhode Island, Vermont, Vir­ TRUCKING, INC., 2425 Walton Street, Hydrofluorosilicic acid, in bulk, from all ginia, West Virginia, and the District of Anderson, Ind. 46011. Applicant’s repre­ State of Washington ports of entry on Columbia. N o t e : Applicant states that sentative: Donald W. Smith, 900 Circle the United States-Canada international the requested authority cannot be tacked Tower, Indianapolis, Ind. 46204. Author­ boundary line, to points in King County, with its existing authority. Applicant ity sought to operate as a common car­ Wash. N o t e : Applicant states that the further states that the authority pending rier, by motor vehicle, over irregular requested authority cannot be tacked under MC 117883 Sub 129 duplicates in routes, transporting: Television cabinets with its existing authority. Common con­ part the instant application, and that and parts thereof, from Bryan, Ohio, to trol and dual operations may be involved. Sub 129 will be amended to eliminate the the plantsite of RCA Corp. in Blooming­ If a hearing is deemed necessary, appli­ territory sought in this application. If a ton, Ind., and returned shipments, oi> cant requests it be held at any location hearing is deemed necessary, applicant return. N o t e : Applicant states that the in the State of Washington at the Com­ does not specify the location. requested authority cannot be tacked mission’s discretion. No. MC 119391 (Sub-No. 6), filed with its existing authority. If a hearing No. MC 124070 (Sub-No. 16), filed June 4, 1970. Applicant: AJAX TRANS­ is deemed necessary, applicant requests June 4, 1970. Applicant: CHEMICAL FER COMPANY, a corporation, 550 East it be held at Indianapolis, Ind. HAULERS, INC., Post Office Box 2038, Fifth Street South, South St. Paul, No. MC 119619 (Sub-No. 30), filed Hammond, Ind. 46323. Applicant’s repre­ Minn. 55075. Applicant's representative: May 18, 1970. Applicant: DISTRIBU­ sentative: Carl L. Steiner, 39 South La Samuel Rubenstein, 301 North Fifth TORS SERVICE CO., 2000 West 43d Salle Street, Chicago, 111. 60603. Author­ Street, Minneapolis, Minn. 55403. Au­ Street, Chicago, 111. 60609. Applicant’s ity sought to operate as a common car­ thority sought to operate as a contract representative: Arthur J. Piken, 160-16 rier, by motor vehicle, over irregular carrier, by motor vehicle, over irregular Jamaica Avenue, Jamaica, N.Y. 11432. routes, transporting: Feed ingredients, routes, transporting: Meats, meat prod­ Authority sought to operate as a common in bulk, from points in Jefferson County, ucts, meat byproducts and articles dis­ carrier, by motor vehicle, over irregular Ind., to points in Indiana, Kentucky, tributed by meat packinghouses, as de­ routes, transporting: Foodstuffs and re­ Ohio, Illinois, southern Peninsula of scribed in sections A and C of appendix lated articles, from the plantsite and Michigan, and points in that part of I to the report in Descriptions in Motor warehouse facilities of R. T. French Co. Pennsylvania on and west of U.S. High­ Carrier Certificates, 61 M.C.C. 209 and at Rochester, N.Y., and Souderton, Pa., way 219. N o t e : Applicant states that the 766 (except hides, and liquid commodi­ to points in Michigan. N o t e : Applicant requested authority cannot be tacked ties, in bulk), frozen foodstuffs (to the states that the requested authority can­ with its existing authority. If a hearing extent indicated); (1) between Eau not be tacked with its existing authority. is deemed necessary, applicant requests Claire, Wis., and Fairmont, Minn.; (2) If a hearing is deemed necessary, appli­ it be held at Chicago, 111. from Portage and Monroe, Wis., to Fair­ cant requests it be held at Washington, No. MC 124078 (Sub-No. 439), filed mont, Minn., and to Minneapolis-St. D.C. June 4, 1970. Applicant: SCHWERMAN Paul, Minn., commercial zone as defined No. MC 119767 (Sub-No. 247), filed T R U C K IN G CO., a corporation, 611 in Ex Parte MC No. 37, as amended; and June 1, 1970. Applicant: BEAVER South 28 Street, Milwaukee, Wis. 53246. (3) from Eau Claire, Wis., to Minneapo­ TRANSPORT CO., a corporation, 100 Applicant’s representative: James R. lis-St. Paul, Minn., commercial zone as South Calumet Street, Burlington, Wis. Ziperski (same address as applicant). defined in Ex Parte MC No. 37, as 53105. Applicant’s representative: A. Authority sought to operate as a common amended, under contract with Armour Bryant Torhorst, 100 South Calumet carrier, by motor vehicle, over irregular & Co. N o t e : If a hearing is deemed nec­ Street, Burlington, Wis. 53105. Author­ routes, transporting: Liquid chemicals, essary, applicant requests it be held at ity sought to operate as a common car­ in bulk, in tank vehicles, from Mount Minneapolis, Minn., or Chicago, 111. rier, by motor vehicle, over irregular Pleasant, Tenn., to Bayport, Tex. N o t e : No. MC 119493 (Sub-No. 56), filed routes, transporting: Frozen foods, from Applicant states that the requested au­ June 1, 1970. Applicant: M ONKEM Chicago, 111., to points in Wisconsin and thority can be tacked with its existing COMPANY, INC., Post Office Box 1196, Minnesota. N o t e : Applicant states that authority but indicates that it has no West 20th Street Road, _ Joplin, Mo. the requested authority cannot be present intention to tack and therefore 64801. Applicant’s representative: Ray tacked with its existing authority. If a does not identify the points or territories F. Kempt (same address as applicant) . hearing is deemed necessary, applicant which can be served through tacking. Authority sought to operate as a com­ requests it be held at Chicago, 111. Persons interested in the tacking possi­ mon carrier, by motor vehicle, over ir­ No. MC 123048 (Sub-No. 175), filed bilities are cautioned that failure to op­ regular routes, transporting: (1) Char­ June 1, 1970. Applicant: DIAM OND pose the application may result in an coal, charcoal products, hickory chips TRANSPORTATION SYSTEM, INC., unrestricted grant of authority. Common and accessories and advertising material 1919 Hamilton Avenue, Racine, Wis. control may be involved. If a hearing is used in the sale and distribution of char­ 53401. Applicant’s representatives: Paul deemed necessary, applicant requests it coal, charcoal products, and hickory L. Martinson (same address as above), be held at Nashville, Tenn. chips (except liquid in bu lk ); and (2) and Paul C. Gartzke, 121 West Doty No. M C 124174 (Sub-No. 79), filed materials and supplies used in the man­ Street, Madison, Wis. 53703. Authority May 18, 1970. Applicant: MOMSEN ufacture and distribution of charcoal, sought to operate as a common carrier, T R U C K IN G CO., a corporation, High­ charcoal products, and hickory chips by motor vehicle, over irregular routes, ways 71 and 18 North, Spencer, (except liquid in bulk), from (1) (a) transporting: Car and truck wash equip­ Iowa 51301. Applicant’s representative: Jacksonville, Tex., to points in Arkansas, ment, from points in Waukesha County, Karl E. Momsen, 6801 L Street, Omaha, Oklahoma, Missouri, Iowa, Kansas, Wis., and from the port of entry at New Nebr. 68117. Authority sought to operate Nebraska, Colorado, California, Illinois, York, N.Y., and Milwaukee, Wis., to as a common carrier, by motor vehicle, Texas, New Mexico, Arizona, Utah, and points in the United States (except over irregular routes, transporting:

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 10412 NOTICES

Hides, skins, chromes, and pieces thereof, Box 442, Mankato, Minn. 56002. Appli­ mains as previously published on May 28, from points in Texas, Oklahoma, and cant’s representative: Earl Hacking, 503 1970. Kansas to Bolivar, Tenn. N o t e : Appli­ 11th Avenue South, Minneapolis, Minn. No. MC 125521 (Sub-No. 11), filed cant states that the requested authority 55415. Authority sought to operate as a June 8, 1970. Applicant: FU N K MOTOR cannot be tacked with its existing au­ contract carrier, by motor vehicle, over TRANSPORTATION, INC., Box 75, thority. Common control may be in­ irregular routes, transporting: Concrete Bridge Street, Grand Rapids, Ohio volved. If a hearing is deemed necessary, conduit, from Janesville, Wis., to points 43522. Applicant’s representative: Ar­ applicant requests it be held at Chicago, in Illinois, Iowa, Minnesota, North D a­ thur R. Cline, 420 Security Building, 111. kota, and South Dakota, and from Man­ Toledo, Ohio 43604. Authority sought to No. MC 124692 (Sub-No. 66), filed kato, Minn., to points in Illinois, Iowa, operate as a contract carrier, by motor May 28, 1970. Applicant: SAMMONS Nebraska, North Dakota, South Dakota, vehicle, over irregular routes, transport­ TRUCKING, Post Office Box 933, Mis­ and Wisconsin; under contract with El­ ing: (1) Malt beverages, from Detroit, soula, Mont. 59801. Applicant’s repre­ more Concrete Products Co. N o t e : The Mich., to St. Henry, Ohio; and (2) sentative: Gene P. Johnson, 502 First purpose of this republication is to cor­ empty containers or other such inciden­ National Bank Building, Fargo, N. Dak. rect name of applicant as Kenneth Kohls tal facilities used in transporting such 58102. Authority sought to operate as a in lieu of Kenneth Kolhs. If a hearing is commodities in (1) above, on return, common carrier, by motor vehicle over deemed necessary, applicant requests it under contract with Fullenkamp Dis­ irregular routes, transporting: (1) Lum­ be held at Minnapolis, Minn. tributing Co., St. Henry, Ohio. N o t e : ber and lumber products, from points in No. MC 125120 (Sub-No. 3), filed If a hearing is deemed necessary, appli­ Wyoming to points in Minnesota, North May 7, 1970. Applicant: TWIN STATE cant requests it be held at Columbus, Dakota, and South Dakota; and (2) SAND & GRAVEL CO., INC., Elm Street, Ohio, Lansing, or Detroit, Mich. bentonite, from points in Big Horn and West Lebanon, N.H. 03784. Applicant’s No. MC 125785 (Sub-No. 9), filed Crook Counties, Wyo., and Valley representative: W . F. Taylor (same June 4, 1970. Applicant: SATURN EX­ County, Mont., to points in Idaho, Illi­ address as applicant). Authority sought PRESS, INC., The Plaza 90 Building, nois, Iowa, Minnesota, Montana, Ne­ to operate as a contract carrier, by Room 206, 90th and L Street, Omaha, braska, North Dakota, Oregon, South motor/ vehicle, over irregular routes, Nebr. A p p lican t’s representative: Dakota, Utah, Washington, and Wiscon­ transporting: Road surfacing salt; (1) Charles J. Kimball, 605 South 14th sin. N o t e : Applicant states that the from Chester, Vt,, to points in l^ew Street, Post Office Box 2028, Lincoln, requested authority cannot be tacked Hampshire; (2) from Burlington, Vt., Nebr. 68501. Authority sought to operate with its existing authority. If a hearing to points in New York; (3) from New as a contract carrier, by motor vehicle, is deemed necessary, applicant requests Haven, Vt., to points in New York; and over irregular routes, transporting: it be held at Minneapolis, Minn., or (4) from Bennington, Vt., to points in Ceramic tile, from the plantsite and Fargo, N. Dak. New York, under contract with Inter­ storage facilities utilized by Mosaic Tile No. MC 124701 (Sub-No. 5), filed national Salt Co. N ote: If a hearing is Co. at or near Florence, Ala., and Jack- May 25, 1970. Applicant: HAYWARD deemed necessary, applicant requests it son, Miss., to points in Wisconsin, Mich­ TRANSPORTATION, INC., Main Street, be held at Concord, N.H. igan, Ohio, Illinois, Indiana, Colorado, Fairlee, Vt. 05045. Applicant’s repre­ No. MC 125230 (Sub-No. 2), filed Texas, Oklahoma, Kansas, South Da­ sentative: Frederick T. O ’Sullivan, 372 May 25, 1970. Applicant: TIPPECANOE kota, Wyoming, Missouri, Minnesota, Granite Avenue, Milton, Mass. 02186. TRUCKING, INC., 1414 Lawton Street, Nebraska, and Iowa, under contract with Authority sought to operate as a con­ New Castle, Ind. 47362. Applicant’s rep­ Mosaic Tile Co., a division of Stylon resentative: Warren C. Moberly, 777 tract carrier, by motor vehicle, over Corp. N ote : If a hearing is deemed nec­ irregular routes, transporting: Petroleum Chamber of Commerce Building, Indi­ essary, applicant ^requests it be held at and petroleum products, in bulk, in tank anapolis, Ind. 46204. Authority sought to Birmingham, Ala., or Memphis, Tenn. operate as a contract carrier, by motor vehicles, from Boston and Braintree, No. MC 126049 (Sub-No. 8), filed Mass., to Barre, Bradford, Montpelier, vehicle, over irregular routes, transport­ ing: (1) Prefabricated metal buildings, May 18, 1970. Applicant: DODEN Burlington, and St. Johnsbury, Vt., and TR UCK ING COMPANY, INC., Woden, sections and accessories, knocked down, Berlin, N.H., under contract with Brad­ Iowa, 50484. Applicant’s representative: in bundles, outbound, from Greenfield, ford Oil Co., Inc., Bradford, Vt. N o t e : Clayton L. Womson, 824 Brick and Tile Ind., to points in Illinois, Kentucky, Application is accompanied by a motion Building, Mason City, Iowa 50401. Au­ to dismiss. If a hearing is deemed neces­ Michigan, Missouri, Nebraska, Ohio, Pennsylvania, Tennessee, and Wisconsin; thority sought to operate as a common sary, applicant requests it be held at by motor vehicle, over irregular and (2) materials and supplies used in carrier, Boston,-Mass., or Montpelier, Vt. routes, transporting: the manufacture of prefabricated build­ Ice cream, ice No. MC 124947 (Sub-No. 10), filed milk and sherbert, and ice cream, ice ings, accessories and supplies, from the June 3, 1970. Applicant: MACHINERY milk, sherbet, and fruit flavored novelty TRANSPORTS, INC., 617 Chicago Street, above named destination States to Greenfield, Ind., under a continuing con­ items, from Chicago, 111., to Cedar East Peoria, 111. 61611. Applicant’s rep­ Rapids, Des Moines, Mason City, and resentative: J. G. Dail, Jr., 1111 E Street tract or contracts with Ajax Metal Buildings Division of the American Ship Waterloo, Iowa. N o t e : Applicant states NW., Washington, D.C. 20004. Authority that the requested authority cannot be sought to operate as a common carrier, Building Co. N o t e : If a hearing is deemed necessary, applicant requests it tacked with its existing authority. If a by motor vehicle, over irregular routes, hearing is deemed necessary, applicant transporting: Pipe, conduit, and fittings, be held at Indianapolis, Ind., or Chicago, 111, requests it be held at Mason City or Des between points in Grayson County, Tex., Moines, Iowa. No. MC 125493 (Sub-No. 6) (Correc­ on the one hand, and, on the other, points No. MC 126489 (Sub-No. 5), filed tion), filed April 13, 1970, published in in Arizona, Arkansas, California, Colo­ May 14,1970. Applicant: GASTON FEED the F ederal R e g ister , issue of May 14, rado, Illinois, Indiana, Iowa, Kansas, TRANSPORTS, INC., 708 Wiley Build­ 1970, and May 28, 1970, republished in Kentucky, Louisiana, Minnesota, Mis­ ing, Hutchinson, Kans. 67501. Appli­ part, as corrected, this issue. Applicant: sissippi, Missouri, Nebraska, New Mexico, cant’s representative: Clyde N. Christey, S.T.L. TRANSPORT, INC., 1000 Jeffer­ Ohio, Oklahoma, Tennessee, Wisconsin, 641 Harrison Street, Topeka, Kans. 66603. and Wyoming. N o t e : Applicant states son Road, Post Office Box 9796, Roches­ Authority sought to operate as a com­ ter, N.Y. 14623. Applicant’s representa­ that the requested authority cannot be mon carrier, by motor vehicle, over ir­ tacked with its existing authority. If a tive: Raymond A. Richards, 23 West regular routes, transporting: Feed and Main Street, Webster, N.Y. 14580. The hearing is deemed necessary, applicant feed ingredients; (1) from points in Gal­ purpose of this partial republication is requests it be held at Dallas, Tex. veston, Chambers, Jefferson, Orange, No. MC 124957 (Sub-No. 4) (Correc­ solely to correctly show the correct Hardin, Matagorda, Brazori, and Harris tion) , filed May 7, 1970, published in the spelling of one of the origin points as Counties, Tex., to points in Oklahoma, F ederal R eg ister issue o f June 4, 1970, “Shortsville,” N.Y., inadvertently shown republished as corrected this issue. Ap­ as “Shorts,” N.Y., in the previous publi­ Kansas, Missouri, Arkansas, Colorado, plicant: KENNETH KOHLS, Post Office cation. The rest of the application re­ Nebraska, Minnesota, South Dakota,

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 NOTICES 10413

Louisiana, New Mexico, Iowa, and Mis­ of Arkla Chemical Corp. located in Cal­ Chesterton, Ind. 46304. Applicant’s rep­ sissippi; and (2) from points in Dallas houn and Little River Counties, Ark., to resentative: Joseph M. Scanlan, 111 West County, Tex., to points in Nebraska, points in Kansas, Louisiana, Missouri, Washington Street, Chicago, 111. 60602. Iowa, South Dakota, and Minnesota. Oklahoma, and Texas (except bulk Authority sought to operate as a com­ N ote : Applicant states that the requested movements to points in Texas within 50 mon carrier, by motor vehicle, over authority cannot be tacked with its exist­ miles of Houston and including the coun­ irregular routes, transporting: General ing authority. If a hearing is deemed ties of Austin, Brazoria, Chambers, Fort commodities (except household goods, necessary, applicant requests it be held Bend, Galveston, Harris, Liberty, Mont­ commodities in bulk and explosives), be­ at Kansas City, Mo. gomery, and W a lle r); (2) dry feed and tween Porter and Chesterton, Ind., on the No. MC 126514 (Sub-No. 23), filed June dry feed ingredients, from Shreveport, one hand, and, on the other, points in 9, 1970. Applicant: HELEN H. SCHAEF­ La., to points in Texas (except bulk Cook, Lake, and Du Page Counties, 111. FER AND EDWARD P. SCHAEFFER, a movements to points in Texas within 50 N o t e : Applicant states that the re­ partnership, 5200 West Bethany Home miles of Houston and including the quested authority cannot be tacked with Road, Glendale, Ariz. 85301. Applicant’s counties of Austin, Brazoria, Chambers, its existing authority. If a hearing is representative: George A. Olsen, 69 Ton- Fort Bend, Galveston, Harris, Liberty, deemed necessary, applicant requests it nele Avenue, Jersey City, N.J. 07306. Montgomery, and W a lle r); (3) fertilizer, be held at Chicago, 111. Authority sought to operate as a com­ fertilizer ingredients, dry, from at/or No. MC 129226 (Sub-No. 2), filed mon carrier, by motor vehicle, over ir­ near Liberty, Stowall, and Winnie, Tex., June 3, 1970. Applicant: TO-JON regular routes, transporting: Frozen to points in Louisiana; and (4) urea, dry, TRUCKING, INC., 6 Verly Court, Beth- daiquiri mix (except in bulk), from Los from Gulf Oil Corp., Faustina Works, page, N.Y. Applicant’s representative: Angeles, Calif., to points in Connecticut, near Donaldsonville, La., to Liberty, Morton E. Kiel, 140 Cedar Street, New Delaware, Illinois, Indiana, Maryland, Tex. N ote: Applicant states that the re­ York, N.Y. 10006. Authority sought to Massachusetts, Michigan, Missouri, New quested authority cannot be tacked with operate as a contract carrier, by motor Jersey, New York, Ohio, Pennsylvania, its existing authority. If a hearing is vehicle, over irregular routes, transport­ Virginia, Wisconsin, and the District of deemed necessary, applicant requests it ing: Stationery, and filing materials, Columbia. N o t e : Applicant states that be held at Shreveport, Baton Rouge, or supplies, and equipment, between East the requested authority cannot be tacked New Orleans, La. Rutherford, N.J., on the one hand, and, with its existing authority. If a hearing is No. MC 128879 (Sub-No. 12) (Cor­ on the other, New York, N.Y., and deemed necessary, applicant requests it rection), filed May 21, 1970, published points in Nassau County, N.Y. N o te : Ap­ be held at New York, N.Y., or Washing­ in the F ederal R e g ister issue of June 11, plicant states that the requested author­ ton, D.C. 1970, and republished in part, as cor­ ity cannot be tacked with its existing No. MC 127030 (Sub-No. 2), filed June rected, this issue. Applicant: C -B authority. If a hearing is deemed neces­ 4, 1970. Applicant: MATTHEW J. D e - TRUCK LINES, INC., 1034 Humble sary, applicant requests it be held at PALMA, INC., 1700 Orthodox Street, Place, El Paso, Tex. 79915. Applicant’s New York, N.Y. Philadelphia, Pa. 19124. Applicant’s rep­ representative: Jerry R. Murphy, 708 No. MC 129282 (Sub-No. 7), filed resentative: Robert B. Einhom, 12 LaVeta NE., Albuquerque, N. Mex. 87108. June 5, 1970. Applicant: FRED S. South 12th Street, 1540 PSFS Building, N o t e : The sole purpose of this partial BERRY, doing business as BERRY Philadelphia, Pa. 19107. Authority sought republication is to redescribe the com­ TRANSPORTATION COMPANY, 305 to operate as a common carrier, by motor modity description because of the omis­ Lancaster, Post Office Box 1824, Long­ vehicle, over irregular routes, transport­ sion of a portion of the wording through view, Tex. 75601. Authority sought to ing: Vermiculite ore, from Newark, N.J., inadvertance in the previous publica­ operate as a common carrier, by motor to Southhampton, Pa. N o t e : Applicant tion. The commodity description should vehicle, over irregular routes, transport­ states that the requested authority can­ read as follows: “General commodities ing: Malt beverages and supplies ordi­ not be tacked with its existing authority. except articles of unusual value, classes narily dealt in by malt beverage If a hearing is deemed necessary, appli­ A and B explosives, household goods as distributors, from (1) Houston, Tex., to cant requests it be held at Philadelphia, defined by the Commission, commodities Alexandria and Shreveport, La.; (2) Pa., or Washington, D.C. in bulk, and commodities because of size from New Orleans, La., to points in No. MC 128657 (Sub-No. 1), filed or weight require special equipment”. Texas; and (3) from Houston, Tex., to June 1, 1970. Applicant: RUSSELL E. The rest of the application remains as Longview, Tex. N o te : Applicant states SCOTT, 1623 West Main Street, Zanes­ previously published on June 11, 1970. that tacking is possible at Longview, ville, Ohio 43701. Applicant’s representa­ No. MC 128944 (Sub-No. 6), filed Tex., to points in Louisiana and Tex­ tive: James W . Muldoon, Suite 2500, May 11, 1970. Applicant: RELIABLE arkana, Ark. If a hearing is deemed TR UCK LINES, INC., 4201 Jackson 50 West Broad Street, Columbus, Ohio necessary, applicant requests it be held 43215. Authority sought to operate as a Highway, Sheffield, Ala. 35660. Appli­ at Longview, Tex., or Shreveport, La. contract carrier, by motor vehicle, over cant’s representative: Clarence Evans, No. MC 129459 (Sub-No. 6), filed irregular routes, transporting: Alumi­ 1800 Third National Bank Building, March 25, 1970. Applicant: KEARNEY’S num smelting residue, and materials Nashville, Term. 37219. Authority sought TRUCKING SERVICE, INC., U.S. Route used in the formation of aluminum to operate as a commpn carrier, by motor Alternate 611, Portland, Pa. 18331. Ap­ smelting residue, between Newark, Ohio, vehicle, over regular routes, transport­ plicant’s representative: Kenneth R. on the one hand, and, on the other, ing: General commodities (except those Davis, 999 Union Street, Taylor, Pa. points in Indiana, Kentucky, Michigan, of unusual value, dangerous explosives, 18517. Authority sought to operate as a contract carrier, by motor vehicle, over New York, Pennsylvania, Tennessee, and household goods as defined by the Com­ mission, commodities in bulk, and those West Virginia, under contract with The irregular routes, transporting: Salt, requiring special equipment), between from Carteret, N.J., to points in New Newark Processing Co. N o t e : If a hear­ ing is deemed necessary, applicant re­ Nashville, Tenn., and that part of Louis­ York, New Jersey, Pennsylvania, Mary­ ville, Ky„ and its commercial zone lying quests it be held at Columbus, Ohio. land, Delaware, Connecticut, Massachu­ entirely within the State of Kentucky, setts, and Rhode Island under a continu­ No. MC 128878 (Sub-No. 19), filed over U.S. Highway 31W (also over In­ ing contract or contracts with Diamond April 27, 1970. Applicant: SERVICE terstate Highway 65), serving no inter­ Crystal Salt Co., St. Clair, Mich. N o t e : TRUCK LINE, INC., Post Office Box mediate points on the above described If a hearing is deemed necessary, appli­ 3904, Shreveport, La. 71103. Applicant’s routes, but serving Nashville for pur­ cant requests it be held at Washington, representative: Ewell H. Muse, Jr., 415 poses of joinder with applicant’s present D.C. Perry-Brooks Building, Austin, Tex. authority. N o t e : If a hearing is deemed No. MC 129645 (Sub-No. 21), filed »8701. Authority sought to operate as a necessary, applicant requests it be held June 1, 1970. Applicant: BASIL J. common carrier, by motor vehicle, over at Florence, Ala. SMEESTER AND JOSEPH G. SMEES- irregular routes, transporting: (1) Am­ No. MC 129087 (Sub-No. 1), filed TER, a partnership, doing business as monium nitrate, urea,' fertilizer, and May 19, 1970. Applicant: LORAIN A. SMEESTER BROTHERS TRUCKING fertilizer ingredients, in bulk and in bags BELL, doing business as L. A. BELL COMPANY, 1330 South Jackson Street, from the plantsites or storage facilities M OTOR LINES, Post Office Box 475, Iron Mountain, Mich. 49801. Applicant’s

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 No. 123------9 10414 NOTICES representative: Robert M. Pearce, Post No. MC 133231 (Sub-No. 3), filed sentative: Donald L. Stem, 630 City Na­ Office Box E, Bowling Green, Ky. 42101. June 9, 1970. Applicant: ROBERT A. tional Bank Building, Omaha, Nebr. Authority sought to operate as a com­ BRINKER, INC., 21 Diaz Street, Iselin, 68102. Authority sought to operate as a mon carrier, by motor vehicle, over ir­ N.J. 08830. Applicant’s representative: contract carrier, by motor vehicle, over regular routes, transporting: Gypsum George A. Olsen, 69 Tonnele Avenue, irregular routes, transporting: ( 1) Glass, building products (except in bulk), Jersey City, N.J. 07306. Authority sought from Okmulgee^ Okla., and Fort Smith, building, roofing and insulating board; to operate as a contract carrier, by motor Ark., to Omaha, Nebr.; (2) aluminum composition board; and related mate­ vehicle, over irregular routes, transport­ extrusions, from Magnolia, Ark., Mc­ rials, supplies, and accessories, from ing: Organs, equipment, and component Pherson, Kans., Rockwell and Terrell, plant and warehouse sites of Grand parts thereof, between Norwich, Conn., Tex., to Omaha, Nebr.; and (3) alumi­ Rapids Gypsum Co. at/or near Grand on the one hand, and, on the other, num and plastic windows, unndow walls, Rapids, Mich., to points in Illinois, Indi­ Linden and Woodbridge, N.J., under con­ front doors and frames, glass, fixtures, ana, Ohio, and Wisconsin. N o t e : Appli­ tract with Magnus Organ Corp., Linden, supplies and materials used in construc­ cant states that the requested authority N.J. N o t e : If a hearing is deemed neces­ tion of restaurants, kitchen equipment, cannot be tacked with its existing au­ sary, applicant requests it be held at building materials, and electrical appli­ thority. Applicant holds contract author­ New York, N.Y., or Newark, N.J. ances, equipment and parts, from ity under MC 127093 Sub 3, therefore No. M C 133330 (Sub-No. 2), filed June Omaha, Nebr., to points in the United dual operations may be involved. If a 1, 1970. Applicant: HALVOR LINES, States, except Alaska and Hawaii, under hearing is deemed necessary, applicant INC., 510 Lonsdale Building, Duluth, contract with Architectural Glass Wall requests it be held at Detroit, Mich. Minn. 55402. Applicant’s representative: Co., of Omaha, Nebr. N o te : If a hearing No. MC 129747 (Sub-No. 1), filed Andrew R. Clark, 1000 First National is deemed necessary, applicant requests June 9, 1970. Applicant: CASCO SERV­ Bank Building, Minneapolis, Minn. it be held at Omaha, Nebr. ICES, INC., 47 Chetwood Terrace, 55402. Applicant sought to operate as a No. MC 133945 (Sub-No. 1), filed June Fanwood, N.J. 07023. Applicant’s repre­ contract carrier, by motor vehicle, over 2, 1970. Applicant: WORLDWIDE MOV­ sentative: George A. Olsen, 69 Tonnele irregular routes, transporting: Sports ING & STORAGE, INC., 2722 Kilihau Avenue, Jersey City, N.J. 07306. Author­ wear, from Plattsburgh, N.Y., to Duluth, Street, Honolulu, Hawaii 96819. Appli­ ity sought to operate as a common car­ Minn., under contract with Halvorson cant’s representative: Alan F. Wohlstet- rier, by motor vehicle, over irregular Inc. N o te : If a hearing is deemed neces­ ter, 1 Farragut Square South, Washing­ routes, transporting: General commodi­ sary, applicant requests it be held at ton, D.C. 20006. Authority sought to ties, except commodities in bulk, in con­ Minneapolis or Duluth, Minn. operate as a common carrier, by motor tainers, or trailers, having a prior or No. MC 113362 (Sub-No. 187), filed vehicle, over irregular routes, transport­ subsequent movement by water in inter­ June 3, 1970. Applicant: ELLSW ORTH ing: Household goods as defined by the state or foreign commerce, between FREIGHT LINES, INC., 310 East Commission, between points in the State points in New York, N.Y., commercial Broadway, Eagle Grove, Iowa 50533. Ap­ of Hawaii, restricted to traffic originat­ zone. N o t e : Applicant states that the plicant’s representative: John H. Lewis, ing at or destined to points beyond the requested authority can be tacked at The 1650 Grant Street Building, Denver, State of Hawaii. N o t e : Applicant'states New York, N.Y., with presently held au­ Colo. 80203. Authority sought to operate it proposes to enter into joint through thority under MC 129747.-If a hearing is as a common carrier, by motor vehicle, motor-water-motor rates under section deemed necessary, applicant requests it over irregular routes, transporting: 216(c) of the Interstate Commerce Act. be held at Washington, D.C., or New Foodstuffs (except in bulk, in tank If a hearing is deemed necessary, appli­ York, N.Y. vehicles), from Brentwood, Md., to cant requests it be held at Honolulu, points in Ohio, Illinois, Indiana, Iowa, No. MC 133093 (Sub-No. 1) (Amend­ Hawaii. Kansas, Michigan, Minnesota, Missouri, ment) , filed April 14, 1970, published in No. MC 134065 (Sub-No. 3), filed Nebraska, New York, Pennsylvania, E. the F ederal R eg ister issue of May 14, March 24, 1970. Applicant: ROSS Texas, and Wisconsin. N o t e : Applicant 1970, amended June 1, 1970, and repub­ JUDGE AUTO TRANSPORT, LTD., states that the requested authority can­ lished as amended this issue. Applicant: Chisholm Avenue, Halifax, Nova Scotia, CLIFFORD JONES, doing business as not be tacked with its existing authority. Canada. Applicant’s representative: JONES TRUCK LINES, 2010 McNutt If a hearing is deemed necessary, appli­ Harold C. Pachios, 85 Exchange Street, Road, Sunland Park, N. Mex. 88063. cant requests it be held at Washington, Portland, Maine 04111. Authority sought Applicant’s representative: M. W ard D.C., or Chicago, HI. to operate as a common carrier, by motor Bailey, 2412 Continental Life Building, No. MC 133647 (Sub-No. 2), filed vehicle, over irregular routes, transport­ Fort Worth, Tex. 76102. Authority sought June 9, 1970. Applicant: W ILLIA M W . ing: New automobiles, between Houlton, to operate as a contract carrier, by motor WESTON, Post Office Box 412, Saxton’s Maine, and ports of entry on the inter­ vehicle, over irregular routes, transport­ River, Vt. 05154. Authority sought to national boundary line between the ing: (1) Meat and meat products from operate as a contract carrier, by motor United States and Canada at or near Laredo and El Paso, Tex., to points in vehicle, over irregular routes, transport­ Houlton, Maine. N o t e : Applicant states Texas, New Mexico, Arizona,-California, ing: Fertilizer, agricultural insecticides that the requested authority cannot be Nevada, Oregon, Washington, Colorado, and fungicides, herbicides; ( 1 ) from the tacked with its existing authority. If a Louisiana, Mississippi, Alabama, Georgia, plantsite of Kerr-McGee Chemical Corp., hearing is deemed necessary, applicant Oklahoma, Arkansas, Tennessee, and at North Walpole, N.H., to points in requests it be held at Portland, Maine, Kentucky, and from all points in the Bennington, Rutland, Windham, and or Boston, Mass. aforementioned States to El Paso, Windsor Counties, Vt.; to points in No. MC 134068 (Sub-No. 4), filed Laredo, and Brownsville, Tex., under con­ Andriscoggin, Cumberland, Kennebec, June 1, 1970. Applicant: KODIAK RE­ tract with International Meat and Food Oxford, and York Counties, Maine; to FRIGERATED LINES, INC., 5243 San Products Co., Dallas, Tex.; and (2) points in Franklin County, Mass.; and Feliciano Drive, Woodlawn Hills, Calif. canned animal food, from Los Angeles, (2) between Kerr-McGee Chemical 91364. Applicant’s representatives: Fred­ Calif., to points in Texas, Oklahoma, Corp., plants at Bradford, Vt., North erick J. Coffman, 521 South 14th Street, Arkansas, and Louisiana, and meat and Walpole, N.H., and South Deerfield, Post Office Box 806, Lincoln, Nebr. 68501, meat products from points in Texas, Mass., under contract with Kerr-McGee and Duane W . Acklie (same address as Oklahoma, Arkansas, and Louisiana to Chemical Corp. N o t e : If a hearing is above). Authority sought to operate as Los Angeles, Calif., under contract with deemed necessary, applicant requests it a common carrier, by mctor vehicle, over K al-K an Foods, Inc., Los Angeles, Calif. be held at Brattleboro, Vt., or Spring- irregular routes, transporting: Canned N o t e : The purpose of this republication field, Mass. goods, from points in California to points is to redescribe authority sought. If a No. MC 133737 (Sub-No. 3), filed in Alabama, Arkansas, Colorado, Florida, hearing is deemed necessary, applicant June 8, 1970. Applicant: ROBERT Georgia, Iowa, Kansas, Kentucky, Loui­ requests it be held at Washington, D.C., CRAWFORD, 5563 Northwest Drive, siana, Minnesota, Mississippi, Missouri, Nebraska, North Dakota, Oklahoma, or Dallas, Tex. Omaha, Nebr. 68104. Applicants repre­

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 NOTICES 10415

South Dakota, Tennessee, Wisconsin, and Interstate Highway 35. N o t e : Applicant Toledo, Ohio, Racine, and Kenosha, Wis., Wyoming. N o t e : Applicant states that states that no feasible tacking possibility having a prior movement by ship, to the requested authority cannot be tacked exists. If a hearing is deemed necessary, Goshen and Topeka, Ind.; (2) livestock with its existing authority. Applicant applicant requests it be held at Tulsa or tanks, watering equipment and feeders, further states that it already holds au­ Oklahoma City, Okla. and boats, from Goshen, Ind., to points thority in docket MC 134068 on “canned No. MC 134443 (Sub-No. 1), filed June 1, in the United States (except Alaska and goods” in mixed loads with frozen foods 1970. Applicant: LESTER COGGINS Hawaii); and (3) travel trailers, and or agriculture commodities as described TRUCKING, INC., Post Office Box 69, fold-campers, from Topeka, Ind., to in section 203(b)(6) of the Act as Fort Myers, Fla. 33902. Applicant’s rep­ points in the United States (except amended * * * “Within the entire scope resentative: Lester A. Coggins (same ad­ Alaska and Hawaii), under contract with of the present application,” and the only dress as above). Authority sought to op­ Starcraft Co., a division of Bangor Punta purpose for this application is to be erate as a contract carrier, by motor ve­ Co. N o te : If a hearing is deemed neces­ relieved of the mixed load restriction. hicle, over irregular routes, transporting: sary, applicant requests it be held at N o t e : If a hearing is deemed necessary, (1) Materials and supplies used in grow­ Indianapolis, Ind., or Chicago, 111. applicant requests it be held at Los ing and shipping horticultural commod­ No. MC 134584 (Sub-No. 1), filed Angeles, Calif. (3 days) San Francisco, ities when transported with agricultural May 22, 1970. Applicant: PETEL Calif. (3 days), and Kansas City, Mo. (2 commodities; and ( 2) commodities, the TRUCKING SERVICE, INC., 42 Laight days). transportation of which is partially ex­ Street, New York City, N.Y. 10013. Appli­ No. MC 134213 (Sub-No. 3), filed empt under the provisions of section 203 cant’s representative: Robert B. Pepper, June 1, 1970. Applicant: SECURITIES ( b ) ( 6) of the Interstate Commerce Act 297 Academy Street, Jersey City, N.J. TRANSPORT COMPANY, INC., 722 East if transported in vehicles not used in 07306. Authority sought to operate as a Roosevelt, Post Office Box 1331, Phoenix, carrying any other property, when mov­ contract carrier, by motor vehicle, over Ariz. 85006. Applicant’s representative: ing in the same vehicle at the same time irregular routes, transporting: House- Earl H. Carroll, 363 North First Avenue, with ( 1 ) above; (a) from points in ware, chinaware, and antique furniture, Phoenix, Ariz. 85003. Authority sought to Charlotte, Lee, and Orange Counties, from points in New York Harbor Area, operate as a common carrier, by motor Fla., to points in Alabama, Georgia, Ken­ Ex Parte 140, 49 CFR, Part 303 to West- vehicle, over irregular routes, trans­ tucky, Mississippi, Ohio, North Carolina, bury and New Cassel, N.Y., having a prior porting: Business records and reports, in­ South Carolina, Tennessee, Virginia, and movement by water, under contract with cluding payroll checks, records and West Virginia; and (b) from Ashtabula, Ireb Import Export. N o t e : If a hearing is reports; data processing records; utility Barberton, and Cleveland, Ohio, to points deemed necessary, applicant requests it meter "books and related utility records, in Alabama, Florida, Georgia, Kentucky, be held at New York, N.Y., or Newark, N.J. between Phoenix, Ariz., and points in Mississippi, North e&rolina, South Car­ Arizona, excluding Navajo and Apache olina, Tennessee, Virginia, and West Vir­ No. MC 134619 (Sub-No. 1), filed Counties, restricted to traffic having a ginia, under contract with Yoder Broth­ June 1, 1970. Applicant: CLIFFORD R. prior or subsequent out-of-state move­ ers, Inc., and Yoder Brothers, of Florida, FELTON, Rural Delivery No. 2, Latrobe, ote Pa. 15650. Applicant’s representative: ment by air. N ote : Applicant states that Inc. N : If a hearing is deemed neces­ the requested authority cannot be sary, applicant requests it be held at John A. Pillar, 2310 Grant Building, tacked with its existing authority. Com­ Tampa or Miami, Fla. Pittsburgh, Pa. 15219. Authority sought mon control may be involved. If a hear­ No. MC 134462 (Sub-No. 2), filed June to operate as a common carrier, by motor ing is deemed necessary, applicant 1, 1970. Applicant: AIM CONSOLI­ vehicle, over irregular routes, transport­ requests it be held at Phoenix, Ariz. DATED DISTRIBUTION, INC., 37-30 ing: Liquid latex, in bulk, in tank ve­ hicles, from Louisville, Ky., Akron, Ohio, No. MC 134323 (Sub-No. 2), filed Review Avenue, Long Island City, N.Y. 11101. Applicant’s representative: Wil­ and Baltimore, Md., to points in Derry June 1, 1930. Applicant: JAY LINES, Township, Westmoreland County, Pa., INC., Post Office Box 1644, 6210 River liam D. Traub, 10 East 40th Street, New York, N.Y. 10016. Authority sought to under a continuing contract or contracts Road, Amarillo, Tex. 79109. Applicant’s operate as a by motor with Toyad Corp. N o t e : If a hear­ representative: Frederick J. Coffman, contract carrier, vehicle, over irregular routes, transport­ ing is deemed necessary, applicant 521 South 14th Street, Post Office Box requests it be held at Pittsburgh, Pa., 806, Lincoln, Nebr. 68501. Authority ing: Clocks, watches and watch parts or Washington, D.C. sought to operate as a contract carrier, and bands, optical goods and parts, fine and costume jewelry, silver, silverplated No. MC 134640, filed May 22, 1970. by motor vehicle, over irregular routes, Applicant: DAVIS & SON, INC., 4222 transporting: Meats, meat products, and stainless steel flatware, music and jewelry boxes, and weather instruments, South 15th Avenue, Phoenix, Ariz. 85041. meat byproducts and articles distributed Applicant’s representative: Roy V. Davis by meat packinghouses, from the plant- between points in the New York, N.Y., commercial zone as defined by the In ­ (same address as above). Authority site and storage facilities used by N a­ sought to operate as a common carrier, tional Beef Packing Co. at or near terstate Commerce Commission and New­ ark, N.J., on the one hand, and, on the by motor vehicle, over irregular routes, Liberal, Kans., to points in Maine, New other, the warehouse of Sears, Roebuck transporting: General commodities, ( 1 ) Hampshire, Vermont, Massachusetts, and Co., located at Edison, N.J., under between points in the Hopi Indian Reser­ Connecticut, Rhode Island, New York, vation in Arizona; and (2) between New Jersey, Pennsylvania, Delaware, contract with Sears, Roebuck and Co., located at New York, N.Y. N o t e : If a points in the Hopi Indian Reservation in Maryland, Virginia, West Virginia, and hearing is deemed necessary, applicant Arizona, on the one hand, and, on the the District of Columbia, under contract requests it be held at New York, N.Y. other, Phoenix, Ariz. N ote : If a hearing with National Beef Packing Co. N ote : If is deemed necessary, applicant requests a hearing is deemed necessary, applicant No. MC 134565 (Sub-No. 1), filed May 28, 1970. Applicant: J & W TRANS­ it be held at Phoenix or Flagstaff, Ariz. requests it be held at Kansas City, Kans., or Mo., or Omaha, Nebr. PORT INC., 2212 Hazelwood Avenue, No. MC 134651, filed May 25, 1970. Fort Wayne, Ind. 46805. Applicant’s rep­ Applicant: GIBSCO TRANSPORT LIM­ No. MC 134405 (Sub-No. 1), filed resentative: Warren C. Moberly, 777 ITED, 2111 Lakeshore Road East, Clark­ June l, 1970. Applicant: BACON Chamber of Commerce Building, Indian­ son, Ontario, Canada. Applicant’s repre­ TRANSPORT COMPANY, a corpora­ apolis, Ind. 46204. Authority sought to sentative: William J. Hirsch, 43 Niagara tion, Post Office Box 1134, Ardmore, operate as a contract carrier, by motor Street, Buffalo, N.Y. 14202. Authority Okla. 73401. Applicant’s representative: vehicle, over irregular routes, transport­ sought to operate as a common carrier, Wilburn L. Williamson, 600 Leininger ing: ( 1 ) (a) Iron and; steel and iron and by motor vehicle, over irregular routes, Building, Oklahoma City, Okla. 73112. steel articles, aluminum and aluminum transporting: Cement, from ports of Authority sought to operate as a com­ fasteners, resins, solder, and paints, from entry on the international boundary line mon carrier, by motor vehicle, over ir­ that part of the Chicago commercial between the United States and Canada regular routes, transporting: Asphalt, in zone, located in Illinois; (b) from Wheel­ located on the Niagara River, to the oulk, from Artesia, N. Mex., to points in ing, W. Va.; Toledo, Ohio; Racine and premises of connecting line carriers for Kansas on and west of U.S. Highway 281 Kenosha, Wis., including transportation interchange, and cement producers in and Points in Oklahoma on and west of from the Chicago commercial zone, Buffalo, N.Y., and returned shipments, on

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 10416 NOTICES return. N ote: I f a hearing is deemed as a common carrier, by motor vehicle, sought to operate as a common carrier, necessary, applicant requests it be held over irregular routes, transporting: Pre­ by motor vehicle, over irregular routes, at Buffalo, N.Y. stressed concrete forms, including, but transporting: Passengers and their bag­ No. MC 134661, filed June 1, 1970. not limited to, precast reinforced con­ gage, express and newspapers in the same Applicant: SCHILDMAN TRUCKING, crete building sections, knocked-down, vehicle with passengers, in special opera­ INC., 501 Copeland Avenue, La Crosse, including wall or roof sections, panels, or tions, restricted to the transportation of Wis. 54601. Applicant’s representative: pillars, from Pittsfield, Mass., to points traffic having a prior or subsequent move­ William C. Dineen, 710 North Plankin- in Connecticut, New York, and Vermont. ment by air: (1) Between South Bend, ton Avenue, Milwaukee, Wis. 53203. N ote: Applicant states that it does not Ind., and O ’Hare International Airport, Authority sought to operate as a com­ intend to tack. If a hearing is deemed Chicago, 111.; and (2) between South mon carrier, by motor vehicle, over ir­ necessary, applicant requests it be held Bend, Ind., and Indiana and Midway Air­ regular routes, transporting: General at Springfield, Mass., Hartford, Conn., port, Chicago, HI. N ote: Applicant states commodities (except those of unusual or Albany, N.Y. that the requested authority cannot be value, classes A and B explosives, house­ No. MC 134675, filed June f, 1970. Ap­ tacked with its existing authority. If a hold goods as defined by the Commis­ plicant: WINSLOW OIL CO., INC., Post hearing is deemed necessary, applicant sion, commodities in bulk, commodities Office Box 25, Hertford, N.C. 27944. requests it be held at South Bend or injurious or contaminating to other Applicant’s representative: Vaughan S. Indianapolis, Ind. lading and those requiring special equip­ Winbome, 1108 Capital Club Building, No. MC 107583 (Sub-No. 46), filed ment) ; (1) between the Minneapolis-St. Raleigh, N.C. 27601. Authority sought to June 1,1970. Applicant: SALEM TRANS­ Paul International Airport, Hennepin operate as a contract carrier, by motor PORTATION CO., INC., 1222 Jerome County, Minn., on the one hand, and, on vehicle, over irregular routes, transport­ Avenue, Bronx, New York, N.Y. 10452. the other, points in La Crosse, Monroe, ing: Gasoline, kerosene, distillate fuel Applicant’s representative: George H. Trempealeau, and Vernon Counties, Wis., oil, commercial medium fuel oil, and Rosen, 265 Broadway, Post Office Box Lansing, Iowa, and Winona, Minn.; and diesel fuel, in bulk, in tank vehicles, from 348, Monticellb, N.Y. 12701. Authority (2) between the La Crosse Airport, La Norfolk, and Chesapeake, Va., to points sought to operate as a common carrier, Crosse County, Wis.; on the one hand, in Chowan, Perquimans, Gates, Pasquo­ by motor vehicle, over irregular routes, and, on the other, points in the same tank, Camden, Currituck, and Dare transporting: Passengers and their bag­ territory as in ( 1 ) above, restricted to Counties, N.C., under contract with gage, express and newspapers in the traffic having a prior or subsequent Winslow Oil Co., Inc. and Union Oil Co. same vehicle with passengers limited to movement by air. N ote: If a hearing is of California. N ote: If a hearing is not more than 20 passengers in any one deemed necessary,, applicant requests it deemed necessary, applicant requests it vehicle not including the driver, in spe­ be held at La Crosse, or Madison, Wis. be held at Raleigh, N.C., or Richmond, cial operations, between Wilmington, No. MC 134669, Filed June 1, 1970. Va. Del., and points in the Philadelphia com­ Applicant: DELTA MILK COMPANY, No. MC 134677, filed June 4, 1970. Ap­ mercial zone as defined by the Commis­ INC., R.F.D. No. 1, Box 667, Marion, plicant: J. P. NOONAN TRANSPORTA­ sion, on the one hand, and, on the other, Ark. 72364. Applicant’s representative: TION, INC., Linden Street, Brockton, John F. Kennedy International Airport, James N. Clay, III, 2700 Sterick Build­ Mass. 02401. Applicant’s representative: New York, N.Y.; and (2) between points in Montgomery, Chester, and Delaware ing, Memphis, Tenn. 38103. Authority Frank J. Weiner, 6 Beacon Street, Bos­ Counties, Pa., on the one hand, and, on sought to operate as a common carrier, ton, Mass. 02108. Authority sought to the other, John F. Kennedy Interna­ by motor vehicle, over irregular routes, operate as a contract carrier, by motor tional Airport, New York, N.Y. N o t e : transporting: Dairy products and juices, vehicle, over irregular routes, transport­ between Memphis, Tenn., on the one ing: Gasoline, in bulk, in tank vehicles, Applicant states that the purpose of this application is to increase the number of hand, and, on the other, points in from Tiverton, R.I., to points in Mas­ passengers to 20 per vehicle not including De Sota, Tunica, Coahoma, and Bolivar sachusetts, under contract with P & H the driver and to include express and Counties, Miss. N ote: If a hearing is Trust, Abington, Mass. N ote: If a hear­ newspapers. It further states that the deemed necessary, applicant requests it ing is deemed necessary, applicant re­ requested authority cannot be tacked be held at Memphis, Tenn. quests it be held at Boston, Mass., or with its existing authority .“Common con­ No. MC 134673, filed June 3, 1970. Ap­ Providence, R.I. trol may be involved. If a hearing is plicant: A. F. C. TRANSPORTATION No. MC 134679, filed June 8, 1970. Ap­ deemed. necessary, applicant requests it COMPANY, INC., 4315 Eighth Avenue, plicant: THE DINGLEDINE TRUCKING be held at New York, N.Y., or Newark, Brooklyn, N.Y. Applicant’s representa­ CO., a corporation, 5787 Storms Creek N.J. tive: Morton E. Kiel, 140 Cedar Street, Road, Urbana, Ohio 43078. Applicant’s New York, N.Y. 10006. Authority sought representative: Richard H. Brandon, 79 A p p l ic a t io n for B rokerage L icense to operate as a common carrier, by motor East State Street, Columbus, Ohio 43215. No. M C 130118, filed June 1, 1970. Ap­ vehicle, over irregular routes, transport­ Authority sought to operate as a con­ plicant: CALISANT TOURS, INC., 19 ing: General commodities (except those tract carrier, by motor vehicle, over ir­ Lincoln Avenue, Amsterdam, N.Y. 12010. of unusual value, classes A and B ex­ regular routes, transporting: General Applicant’s representative: W. Norman plosives, household goods as defined by commodities (except those of unusual Charles, 80 Bay Street, Glen Falls, N.Y. the Commission, commodities requiring value, classes A and B explosives, house­ 12801. For a license (BM C-5) to engage special equipment in containers), be­ hold goods as defined by the Commis­ in operations as a broker at Amsterdam, tween points in that part of the New sion, commodities in bulk, and those re­ Schenectady, and Troy, N.Y., in arrang­ York, N.Y., commercial zone as defined quiring special equipment), between ing for the transportation by motor vehi­ by the Commission, within which local points in Ohio, under contract with the cle, in interstate or foreign commerce, of operations may be conducted under the Standard Oil Co. of Ohio and its wholly passengers anC their baggage, in the same exemption provided by section 203(b) owned subsidiaries, restricted to the per­ vehicle with passengers, as individuals ( 8) of the Act (the “exempt zone”) . Re­ formance of service in shipper-owned arid groups, in special and charter opera­ striction: Restricted to the transporta­ trailers. N ote: If a hearing is deemed tions and round trip, all-expense tours, tion of traffic having an immediately necessary, applicant requests it be held beginning and ending at points in Albany, prior or subsequent movement by water. at Columbus, Ohio. Fulton, Montgomery, Rensselaer, Sche­ N ote: If a hearing is deemed necessary, M otor C arriers o f P assengers nectady, and Schoharie Counties, N.Y., applicant requests it be held at New and extending to points in the United York, N.Y. No. MC 48501 (Sub-No. 14), filed States, including Alaska and Hawaii. No. MC 134674, filed June 3, 1970. Ap­ May 25, 1970. Applicant: INDIANA MO­ plicant: A. MICHAEL BROWN, 138 TOR BUS COMPANY, a corporation, 715 A pplications i n W h ic h H a n d l in g W i t h ­ Sunnyside Drive, Dalton, Mass. 01226. South Michigan Street, South Bend, o u t O ral H e a r in g H as B e e n R equested Applicant’s representative: William L. Ind. 46624. Applicant’s representative: No. MC 28573 (Sub-No. 33), filed Mobley, 1694 Main Street, Springfield, Harry J. Harman, 1110 Fidelity Build­ May 22, 1970. Applicant: BURLINGTON Mass. 01103. Authority sought to operate ing, Indianapolis, Ind. 46204. Authority NORTHERN INC., 176 East Fifth Street,

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 NOTICES 10417

St. Paul, Minn. 55101. Applicant’s repre­ field office to which protests are to be visor J. H. Gray, Interstate Commerce sentative: Byron D. Olsen (same ad­ transmitted. Commission, Bureau of Operations, Room dress as applicant). Authority sought to M otor Carriers of P roperty 204,345 West Wayne Street, Fort Wayne, operate as a common carrier, by motor Ind. 46802. vehicle, over regular routes, transport­ No. MC 52709 (Sub-No. 310 T A ), filed No. MC 107496 (Sub-No. 783 T A ), filed ing: General commodities (except com­ June 11, 1970. Applicant: R IN G SB Y June 17,1970. Applicant: RUAN TRANS­ modities in bulk and commodities re­ TRUCK LINES, INC., 3201 Ringsby PORT CORPORATION, Third and Keo- quiring special equipment); ( 1 ) serving Court, Denver, Colo. 80216. Applicant’s sauqua-Way, Post Office Box 855, Zip Moore, Mont., as an off-route point on representative: Eugene Hamilton (same 50304, Des Moines, Iowa 50309. Appli­ applicant’s regular route operation be­ address as above). Authority sought to cant’s representative: H. L. Fabritz tween Great Palls, and Lewistown, Mont., operate as a common carrier, by motor (same address as above). Authority over U.S. Highway 87; and (2) serving vehicle, over irregular routes, transport­ sought to operate as a common carrier, Judith Gap, Mont., as an intermediate ing: General commodities, except those by motor vehicle, over irregular routes, point on applicant’s alternate route op­ of unusual value, classes A and B transporting: Fly ash, in bulk, in pneu­ eration between Great Falls, and Billings, explosives, household goods as defined by matic tank vehicles, from Romeoville, Mont., over U.S. Highway 191. N ote: the Commission, commodities in bulk, 111., to Palo, Iowa, for 150 days. Support­ Common control may be involved. and commodities requiring special equip­ ing shipper: Champion, Inc., Iron Moun­ No. MC 121114 (Sub-No. 2), filed ment, between Casper or Gillette, Wyo. tain, Mich. 49801. Send protests to: Ellis May 28, 1970. Applicant: OAKLAND and Great Falls, Mont., serving no inter­ L. Annett, District Supervisor, Interstate VAN & STORAGE; INC., 867 Isabella mediate points: from Casper over U.S. Commerce Commission, Bureau of Op­ Street, Oakland, Calif. 94607. Applicant’s Highway 87 to Great Falls and return erations, 677 Federal Building, Des representative: Edward J. Hegarty, 100 over the same route, (b) From Gillette Moines, Iowa 50309. Bush Street, 21st Floor, San Francisco, over Interstate Highway 90 to its junc­ No. MC 114290 (Sub-No. 46 T A ), filed Calif. 94104. Authority sought to operate tion with U.S. Highway 87 at or near June 17, 1970. Applicant: EXLEY EX­ as a common carrier, by motor vehicle, Billings, Mont., thence over U.S. High­ PRESS, INC., 2610 Southeast 8th Ave­ over irregular routes, transporting: Used way 87 to Great Falls and’ return over nue, Portland, Oreg. 97202. Applicant’s household goods, between points in the same route. Restriction: No service is representative: James T. Johnson, 1610 Alameda, Contra Costa, Marin, Napa, authorized on traffic originating at or IBM Building, Seattle, Wash. 98101. Au­ San Francisco, San Mateo, Santa Clara, destined to Great Falls, Mont., on the thority sought to operate as a common Solano, and Sonoma Counties, Calif., one hand and, on the other, points in carrier, by motor vehicle, over irregular restricted to the transportation of traffic Colorado or Wyoming, for 180 days. routes, transporting: Cheese and cheese having a prior or subsequent movement, N ote : Carrier does intend to tack product and whey powder, from Tilla­ in containers, beyond the points author­ with its presently authorized authority mook, Oreg., to points in California, for ized and further restricted to the per­ at Casper or Gillette, Wyo. and also to 180 days. Supporting shipper: Tillamook formance of pickup and delivery service interline at Great Falls, Mont., with County Creamery Association, Post O f­ in connection with packing, crating, and carriers serving points in Montana, fice Box 313, Tillamook, Oreg. 97141. containerization, or unpacking, uncrating Idaho, Washington, and Oregon. Au­ Send protests to: District Supervisor and decontainerization of such traffic. thority is sought to interline at Great W . J. Huetig, Interstate Commerce Com­ Falls with carriers serving points in mission, Bureau of Operations, 450 By the Commission. Montana, Idaho, Washington, and Ore­ Multnomah Building, 120 Southwest 4th [ seal] H. N eil G arson, gon. Supporting shippers: There are ap­ Avenue, Portland, Oreg. 97204. Secretary. proximately (49) statements of support No. MC 117823 (Sub-No. 41 T A ), filed attached to the application, which may [F.R. Doc. 70-7975; Filed, June 24, 1970; June 17, 1970. Applicant: DUNKLEY 8:45 a.m.] be examined here at the Interstate Com­ REFRIGERATED TRANSPORT, INC., merce Commission in Washington, D.C., 240 West California Avenue, Salt Lake or copies thereof which may be examined City, Utah 84115. Applicant’s represent­ [Notice 99] at the field office named below. Send pro­ ative : Lon Rodney Kump, 720 Newhouse MOTOR CARRIER TEMPORARY tests to: C. W . Buckner, District Super­ Building, Salt Lake City, Utah 84111. Au­ visor, Interstate Commerce Commission, thority sought to operate as a common AUTHORITY APPLICATIONS Bureau of Operations, 2022 Federal carrier, by motor vehicle, over irregular June 19, 1970. Building, Denver, Colo. routes, transporting: Dairy products, The following are notices of filing of No. MC 103993 (Sub-No. 532 T A ), filed from plantsite of Gossner’s Cheese Fac­ applications for temporary authority June 10, 1970. Applicant: M ORGAN tory, near Logan, Utah, to points in Cali­ under section 210a(a) of the Interstate DRIVE-AWAY, INC., 2800 West Lexing­ fornia, for 180 days. Supporting shipper: Commerce Act provided for under the ton Avenue, Elkhart, Ind. 46514. Appli­ Gossner’s Cheese Factory, 10th North new rules of Ex Parte No. MC-67 (49 cant’s representative: Ralph H. Miller and 10th West Streets, Logan, Utah CFR Part 1131) published in the F ed­ (same address as above). Authority 84321 (Edwin Gossner, Jr.). Send pro­ eral R egister, issue of April 27, 1965, sought to operate as a common carrier, tests to: John T. Vaughan, District Su­ effective July 1 , 1965. These rules pro­ by motor vehicle, over irregular routes, pervisor, Interstate Commerce Commis­ vide that protests to the granting of an transporting Ventilators, ventilator sion, Bureau of Operations, 6201 Federal application must be filed with the field parts, ventilator equipment, ventilator Building, Salt Lake City, Utah 84111. official named in the F ederal R egister systems and accessories used in the in­ No. MC 119567 (Sub-No. 9 TA), filed publication, within 15 calendar days after stallation thereof, from the plantsite of June 17, 1970. Applicant: F. H. M c- the date of notice of the filing of the Penn Ventilator Co., Inc., at Tabor City, CLURE and R. V. ESTELL, doing busi­ application is published in the F ederal N.C., to points in Arkansas, Arizona, ness as EMPIRE TRANSPORT, 2007 Register. One copy of such protests must California, Colorado, Idaho, Illinois, Overland Road, Boise, Idaho 83705. Ap­ be served on the applicant, or its author­ Indiana, Iowa, Kansas, Kentucky, plicant’s representative: Kenneth G. ized representative, if any, and the pro­ Louisiana, Michigan, Minnesota, Mis­ Bergquist, Post Office Box 1775, Boise, tests must certify that such service has souri, Mississippi, Montana, Nebraska, Idaho 83701. Authority sought to operate been made. The protests must be specific Nevada, New Mexico, Ohio, Oklahoma, as a common carrier, by motor vehicle, as to the service which such protestant Oregon, Tennessee, Texas, Utah, North over irregular routes, transporting: can and will offer, and must consist of Dakota, South Dakota, Washington, West Sand, from points in Ada, Boise, and a signed original and six copies. Virginia, Wisconsin, and Wyoming, for Gem Counties, Idaho, to points in Oregon, A copy of the application is on file, 180 days. Supporting shipper: Penn for 150 days. Supporting shippers: Del Monte Sand Co., Emmett, Idaho 83617; and can be examined at the Office of the Ventilator Co., Inc., 11th Street and Secretary, Interstate Commerce Com­ Porter & Co., Post Office Box 667, Boise, Allegheny Avenue, Philadelphia, Pa. Idaho 83701. Send protests to: C. W . mission, Washington, D.C., and also in 19140. Send protests to: District Super­ Campbell, District Supervisor, Interstate

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 10418 NOTICES

Commerce Commission, Bureau of Op­ [Notice 100] cant’s representative: Russell H. Wilson, erations, 455 Federal Building and U.S. 3839 Merle Hay, Des Moines, Iowa 50310. MOTOR CARRIER TEMPORARY Authority sought to operate as a contract Court House, 550 West Fort St., Boise, AUTHORITY APPLICATIONS Idaho 83702. carrier, by motor vehicle, over irregular routes,, transporting: Meats and packing­ No. MC 125035 (Sub-No. 20 T A ), filed Ju n e 22,1970. house products, from Armour plant, Des June 17, 1970. Applicant: RAY E. The following are notices of filing of Moines, Iowa, and all public warehouses BROWN TRUCKING, INC., 1132 55th applications for temporary authority un­ utilized by Armour and Co. at Des Street NE., North Canton, Ohio 44721. der section 210a(a) of the Interstate Moines, Iowa, to Pittsburgh, Pa., for 180 Applicant’s representative: Fred H. Commerce Act provided for under the days. Supporting shipper: Armour and Zollinger, 800 Cleve-Tusc. Building, Can­ new rules of Ex Parte No. MC-67 (49 Co., Box 9222, Chicago, 111. 60690. Send ton, Ohio 44702. Authority sought to op­ CFR Part 1131) published in the F ed ­ protests to: Ellis L. Annett, District erate as a contract carrier, by motor er al R eg ist e r , issue of April 27, 1965, Supervisor, Interstate Commerce Com­ vehicle, over irregular routes, transport­ effective July 1,1965. These rules provide mission, Bureau of Operations, 677 Fed­ ing: Ice cream, ice cream confections, that protests to the granting of an ap­ eral Building, Des Moines, Iowa 50309. ice confections, and ice water confec­ plication must be filed with the field of­ No. MC 124078 (Sub-No. 440 T A ), filed tions, from Wheeling, W . Va., to points ficial named in the F ederal R eg ister June 17,1970. Applicant: SCHWERMAN in New Jersey and New York, for 180 publication, within 15 calendar days af­ TR U C K IN G CO., 611 South 28th Street, days. Supporting shipper: The Ziegen- ter the date of notice of the filing of the Milwaukee, Wis. 53215. Applicant’s rep­ felder Co., Inc., 87 18th Street, Wheeling, application is published in the F ederal resentative: Richard H. Prevette (same W . Va. 26003. Send protests to: A. M. e g ist e r R . One copy of such protests must address as above). Authority sought to Culver, District Supervisor, Interstate be served on the applicant, or its au­ operate as a common carrier, by motor Commerce Commission, Bureau of Op­ thorized representative, if any, and the vehicle, over irregular routes, transport­ erations, 255 Federal Building and U.S. protests must certify that such service ing: Mineral filler, in bulk, in tank ve­ Court House, 85 Marconi Boulevard, has been made. The protests must be hicles, from Bristol, Va., to points in Columbus, Ohio 43215. specific as to the service which such pro- Tennessee, for 150 days. Supporting ship­ testant can and will offer, and must con­ M otor C arrier o f P assengers per: Summers-Taylor Paving Co., Eliza- sist of the signed original and six copies. bethton, Tenn. (Box 628) (Harry Moore, No. MC 134519 TA (Clarification), filed A copy of the application is on file, and Vice President). Send protests to: Dis­ April 21, 1970, published F ederal R e g is ­ can be examined at the Office of the trict Supervisor Lyle D. Heifer, Inter­ t e r , issues of April 30, and May 28,1970, Secretary, Interstate Commerce Commis­ state Commerce Commission, Bureau of and republished as clarified this issue. sion, Washington, D.C., and also in field Operations, 135 West Wells Street, Room Applicant: JAMES A. AUTREY, doing office to which protests are to be 807, Milwaukee, Wis. 53203. business as AUCO TOURS, Route 7, transmitted. Sevierville, Tenn. 37862. Applicant’s rep­ No. MC 128698 (Sub-No. 3 TA), filed resentative: Robert E. Pryor, Valley M otor C arriers o f P r o pe r t y June 17, 1970. Applicant: ERDNER Fidelity Bank Building, Knoxville, Tenn. No. MC 85934 (Sub-No. 56 T A ), filed BROS., INC., Fow and Leahy Streets, 37901. Authority sought to operate as a June 17, 1970. Applicant: M ICH IG AN Swedesboro, N.J. 08085. Applicant’s rep­ common carrier, by motor vehicle, over TRANSPORTATION COMPANY, 3601 resentative: Chester A. Zyblut, 1522 K regular routes, transporting: Passengers, Wyoming Avenue, Dearborn, Mich. 48120. Street NW., Washington, D.C. 20005. Au­ and their baggage in the same vehicle Authority sought to operate as a common thority sought to operate as a common with passengers, in special operations, in carrier, by motor vehicle, over regular carrier, by motor vehicle, over irregular round trip sightseeing and pleasure routes, transporting; Dry silicate of soda, routes, transporting: Frozen foodstuff, tours, beginning and ending in Knox­ in bulk, from Skaneateles Falls, N.Y., to from Salisbury, Md., to points in Con­ ville, Tenn.; Sevierville, Tenn.; Pigeon Wyandotte, Mich., for 150 days. Support­ necticut, Delaware, Maine, Massachu­ Forge, Tenn.; Gatlinburg, Tenn.; with ing shipper: Pennwalt Corp., Tree Penn setts, New Hampshire, New Jersey, New pickup rights at those points; and ex­ Center, Philadelphia, Pa. 19102. Send York, Ohio, Pennsylvania, Rhode Island, tending to Cherokee, N.C., over the fol­ protests to: Gerald J. Davis, District Su­ Vermont, Virginia, West Virginia, and lowing routes: from Knoxville, Tenn., to pervisor, Interstate Commerce Commis­ the District of Columbia, for 180 days. Cherokee, N.C., over U.S. Highway 441, sion, Bureau of Operations, 1110 Brod­ Supporting shipper: Campbell Soup Co., through Sevierville, Tenn., with the right erick Tower, 10 Witherell, Detroit, Mich. 375 Memorial Avenue, Camden, N.J. on trips returning from Cherokee, N.C., 48226. 08101. Send protests to: Raymond T. to Knoxville, Tenn., to operate over U.S. No. MC 111729 (Sub-No. 297 T A ), filed Jones, District Supervisor, Interstate Highway 441 and Tennessee Highway 73, June 17, 1970. Applicant: AMERICAN Commerce Commission, Bureau of Op­ through Maryville, Tenn., and thence COURIER CORPORATION, 2 Nevada erations, 410 Post Office Building, Tren­ over U.S. Highway 411 to Knoxville. Drive, Lake Success, N.Y. 11040. Appli­ ton, N.J. 08608. N o t e : The purpose of this republication cant’s representative: John M. Delany No. MC 133920 (Sub-No. 3 TA)., filed June 18, 1970. Applicant: HOWARD is to clarify the proposed operations. (same address as above). Authority sought to operate as a SHEPPARD, INC., Post Office Box 755, Supported by: Knoxville Tourist Bureau, common carrier, by motor vehicle, over irregular routes, Sandersville, Ga. 31082. Applicant’s rep­ Knoxville, Tenn., Travel Lodge, Sevier­ transporting: Unexposed and developed resentative: Monty Schumacher, Suite ville, Tenn., Smoky Mountain Trailways, plastic film used for identification badges, 310, 2045 Peachtree Road NE., Atlanta, Gatlinburg, Tenn., Manager, Andrew between Buffalo, N.Y., on the one hand, Ga. 30309. Authority sought to operate Johnson Hotel, Knoxville, Tenn., Mayor, and, on the other, Rochester, N.Y., for 180 as a common carrier, by motor vehicle, over irregular routes, transporting: Clay, City of Pigeon Forge, Pigeon Forge, days. N ote: Applicant seeks to interline with Trans Canadian Couriers Ltd., at in bulk, in hopper type or dump vehicles, Tenn. Send protests to: Joe J. Tate, Buffalo, N.Y., as set forth below. Support­ from Gordon and Amco, Ga.h to Camp District Supervisor, Interstate Commerce ing shipper: Identicard Limited, 110 Croft, S.C., for 180 days. Supporting Commission, Bureau of Operations, 803 Yonge Street, Toronto, Ontario, Canada. shipper: Kohler Co., Camp Croft, S.C. 1808 West End Building, Nashville, Tenn. Send protests to: Anthony Chiusano, Dis­ Send protests to: William L. Scroggs, District Supervisor, Interstate Com­ 37203. trict Supervisor, Interstate Commerce Commission, Bureau of Operations, 26 merce Commission, Bureau of Opera­ By the Commission. Federal Plaza, New York, N.Y. 10007. tions, Room 309, 1252 West Peachtree [ s e a l ] H. N e il G a r s o n , No. MC 123600 (Sub-No. 6 T A ), filed Street NW., Atlanta, Ga. 30309. Secretary. June 17, 1970. Applicant: BRENNAN No. MC 134701 (Sub-No. 1 T A ), filed June 18, 1970. Applicant: ROBERT [F.R. Doc. 70-8074; Filed, June 24, 1970; TRUCK LINES INCORPORATED, 1645 W ITHERS, doing business as ROBERT 8:51 a.m .] Stewart, Des Moines, Iowa 50316. Appli­

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 NOTICES 10419

WITHERS TRUCKING, 6045 Vine Vale, vehicle at the same time with commodi­ No. M C 129098 (Sub-No. 2 T A ), filed Maywood, Calif. 90270. Applicant’s rep­ ties exempt under 203(b) ( 6) of the ICC June 11, 1970. Applicant: GOLDEN resentative: William S. Richards, 900 Act, from Sacramento and San Fran­ CIRCLE TOURS, INC., 40 East Center Walker Bank Building, Salt Lake City, cisco, Calif, to Denver, Colo., for 180 Street, Kanab, Utah 84741. Applicant’s Utah 84111. Authority sought to operate days. Supporting shipper: Pacific Mer­ representative: Irene Warr, 419 Judge as a contract carrier, by motor vehicle, cantile Co., 1946 Larimer Street, Denver, Building, Salt Lake City, Utah 84111. over irregular routes, transporting: Colo. 80202. Send protests to: District Authority sought to operate as a com­ Bananas and banana:s in mixed ship­ Supervisor Herbert C. Ruoff, Interstate mon carrier, by motor vehicle, over ir­ ments with agricultural products, from Commerce Commission, Bureau of Oper­ regular routes, transporting: Passengers points in California and Arizona to the ations, 2022 Federal Building, Denver, and their baggage, in charter operations, port of entry on the International Boun­ Colo. 80202. between Las Vegas, Nev., and Kanab, dary, between Canada and the United Utah, restricted, however, to the trans­ M otor Carriers of P assengers States at or near Sweetgrass, Mont., for portation of not more than 10 passengers 180 days. Supporting shipper: Home & No. MC 946 (Sub-No. 4 T A ), filed in any orie vehicle, for 180 days. N ote: Pitfield Poods Limited, Post Office Box June 17, 1970. Applicant: PAROCHIAL Applicant does intend to tack the au­ 2266, Edmonton, Alberta, Canada. Send BUS SYSTEM, INC., 3320 Hutchinson thority applied for herein with that al­ protests to: Philip Yallowitz, District Su­ Avenue, Bronx, N.Y. 10469. Applicant’s ready held under MC-129098 Sub. No. 1 pervisor, Interstate Commerce Commis­ representative: Samuel B. Zinder, Sta­ and/or to interline with other carriers. sion, Bureau of Operations, Room 7708 tion Plaza East, Great Neck, N.Y. 11021. Supporting shipper: Murdock Travel, Federal Building, 300 North Los Angeles Authority sought to operate as a common Inc., 14 South Main Street, Salt Lake Street, Los Angeles, Calif. 90012. carrier, by motor vehicle, over irregular City, Utah 84101, Don L. Douglas, Tours No. MC 134708 TA, filed June 18, 1970. routes, transporting: Passengers, in spe­ Department. Send protests to: John T. Applicant: ALBERT VERNON FREDIN- cial operations, from the Bronx, N.Y., to Vaughan, District Supervisor, Interstate BURG, 1003 South Vine Street, Denver, Liberty Bell Park Race Track, Philadel­ Commerce Commission, Bureau of Op­ Colo. 80209. Applicant’s representative: phia, Pa., for 180 days. Supporting ship­ erations, 6201 Federal Building, Salt Albert Vernon Fredinburg, 1003 South pers: There are 124 patrons attached to Lake City, Utah 84111. Vine Street, Denver, Colo. 80209. Au­ the application. Send protests to: Robert By the Commission. thority sought to operate as a contract E. Johnston, District Supervisor, Inter­ [ seal] H. N eil G arson, carrier, by motor vehicle, over irregular state Commerce Commission, Bureau of Secretary. routes, transporting: Oriental foods and Operations, 26 Federal Plaza, New York, [F.R. Doc. 70-8075; Filed, June 24, 1970; food products when moving in the same N.Y. 10007. 8:51 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 123— THURSDAY, JUNE 25, 1970 i10420 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— JUNE

The following numerical guide is a list of parts of each title of the Code of Federal Regulations affected by documents published to date during June.

3 CFR Page 7 CFR— Continued Page 8 CFR Page P roclamations : 719______— 10353 100...... 9246 3279 (modified by Proc. 3990) _ 10091 730______9999 2j23______9246 3945 (see Proc. 3989).______9989 775______8537 238______9246 3986 ______— _____ 8861 811______8915, 10353 3987 ___:______8863 813______:______10096 9 CFR 3988 ______8997 845______9010 2______!______8472 3989 ______9989 871______9105 76______8543, 3990 ______10091 905______8916,10272 3653, 8731, 8819, 8874, 8917, 8999, 908______2______8471, E x e c u t iv e O r d e r s: 9246, 9247, 9823, 10004, 10144, 8652, 8802, 9011, 9821, 9999, 10143 10286,10357 July 10,1917 (see PLO 4848) __ 10360 910—___ .... 8653, 8739, 8867, 9243, 10143 10001 (see EO 11537)______9991 78______8918 915______9244 307____ 10097 10202 (see EO 11537)______9991 917______8802, 10000 10626 (superseded by EO 922 ______. . . 8916 P roposed R ules : 11532)______8629 923______!______8472 76— ______8571 10659 (see EO 11537)______9991 944______9011, 9822 109______8945 10735 (see EO 11537)______9991 953______9105 113 ______8945 10945 (see EO 11533)______8799 958______- ____ - 8653 114 ______8945 10984 (see EO 11537)______9991 965______8867 121______8945 11098 (see EO 11537)...... 9991 966______9011,10144 . 301______9291 11119 (see EO 11537)______9991 980______9012,10144 303— ______9291 11241 (see EO 11537)______9991 1003______:______10273 328______9931 11360 (see EO 11537) ...... 9991 1004 ______10273 11497: 1016______10273 10 CFR \ See P~oc. 3989______9989 1402______i______8537 30______— 8820 See EO 11537— ______9991 1421______8537, 161______8820 11532— ______8629 8539, 8867, 8873, 9012, 9106, 9823, P roposed R ules : 11533 ______8799 10097,10144,10355 11534 _____ i ______8865 20______8670 1427____ 9106 50______8594 11535 ______9809 1464______10000 11536 ______9911 1481______— ______8472 12 CFR 11537 ______9991 1487______9920 204____ 8654 P residential D o c u m e n t s O th e r 1872.______,______8803 T h a n P roclamations an d E x e c u ­ 226______10358 P roposed R u l e s : t iv e O r d er s: 250_____ — ______10201 52______8499, 9285290______8919 Letter of June 2, 1970______8631 714______8569 292______8920 777______9016 511_____ 8544 5 CFR 908______10226 545______10201 21fr— _____ 8801, 9243, 9818, 10093, 10267 911______9287 589______8879 332___ 10093 915____ — ______9930 P roposed R ules: 916 ______r______10226 P roposed R u l e s : 204______8892 917 ____ 8572 890______10030 545______— 9019 2400______8947 945______10363 958______10226 2402...... 8947 967______„ 1022613 CFR 981______9288 108.______9920 7 CFR 991_____ 9859 113______9920 26 ______— ____ 9243, 9995 993______—______10227 121— ______8473 27 ______8531 1003 ______—P 10309roposed R u l e s : 28 ______8531, 8532 1004 ______10309 107______— ______— ------8672 51______8652, 9818 1005 ______9066 12T______8504 52______10093 1007______8748,10309 54 ______9915,10269 1016______10309 55 ______9915, 10269 1032 ______10154 14 CFR 10201 56 ______9915 1033 ______9066 21...... 61______8532 1034 ______9066 39 ______8544, 68______8535,10141 1035—______9066 8736-8738 8821, 8924, 9106, 9921, 70______9915 1036______- ____ 9888 10106 220_____ — ______10269 1040______- ______10364 71 ______8474-8476, 295______8801 1041______— ______9066 8654-8656, 8738, 8739, 8879, 8880, 301______9103, 9104,10270,10272 1050______9930,10154 8925, 8926, 9921, 9922, 10107, 319______9105 1063______10312 10145, 10202, 10286, 10287, 10358, 331______9010 1094______10312 10359 401 ______9996, 9997 1103______10312 73- ______8544, 892$, 8927, 9247 10107 402 ____ 9997 1120______10022 75_. __ 8926,9247 403 ______9997 1121______10022 91- II—— ______— 9922 404 ___ 9997 1126______10022 97- i l l l l l l 8656, 8821, 8999, 9107,10146 406______9998 1127 _ 10022 135. ___10098,10108 408—,______— 9998 1128 ______10022 167. t ______10288 8544 409 ______I ____ 9998 1129 ______10022 171. __ 8g80 410 ______9998 1130 ______10022 213. 411 _____ 9998 1134______10024 288. —II——————I— ___ 10288 413______9999 1136______9291,10318 298. 8927,10202 FEDERAL REGISTER 10421

14 CFR— Continued Page 18 CFR— Continued Page 22 CFR Page 302______9823 P roposed R u l e s — Continued 41______8659 385______——______9107 161-______10379 131______: ____ 8887 P roposed R u l e s : 601 ______8942 201______10147 23______8665 602 ______8942208— ...... 10147 25— — ------8665 27______8665 19 CFR 24 CFR 29______8665 12— ...... 8885 200...... ______8822 39______— 9216, 9217, 9859, 10365 26______— 9251 1914______8732.9993.10147 71______8500, 30 ______9251 1915______8733.9913.10148 8501, 8666, 8667, 8748, 8750, 8945, 31 ______9251 P roposed R u l e s : 9292, 9931, 9932, 10114, 10156, 32 ______— 9251 15— ____ 9215 10157, 10229, 10318, 10319, 1036,5- 33 ______9251 41______8586 10368 53______— 9251 73...... 8750,10229 103______9251 25 CFR 91______8665, 9217 1 1 1 ______.— 9254 121------10115 114— ______— 9261 46______— 8822 207 ______9218 146— ______„ 9262 108— ...... 10005 221______— _____ 208 ______9218 147______— 9268 8886 212— ------;___ 9218 153______9271 213— ------10230 26 CFR P roposed R u l e s : 214------9218 l ______8477, 8932 4 ____ _T— 8829 221_____ 9860 13______...... 8823 5 ______8829 249------9218 20______8480 6 ______8829 295------9218 25— ______8480 8______8741, 8829 399------* ------9218 31— — ...... —______10290 14 ______8741 147______i____ 8553,10211 15 ___ 15 CFR 8741, 8829 154______8886 16 ______8741 368 _ 9109 17 ...... ____ 8741 P roposed R u l e s : 369 ______9112 18 ______8829 1______. 8566, 9927 370 ______8882, 9113,10109 22______8741 31______10016 371 ______9119 23 ______8741 151______9015 372 ______9127,10204 24 ____ —— 8499 201______10298 373—______9136,10204 30 ______8741 301______9927, 10016 374 ______;______9154,10204 31 ______8741 28 CFR 375 ______9156 32 _ ____ 8741 376 ______9166,10204 53 ______8741 9857 377 ______9173 54 ______8741 378 ______9177, 10205 29 CFR 379 ______8882, 9178,10109 20 CFR 204______385______9184 ______10130 604— ______386______9185 404 ______8928, 9277, 9278, 9923 ______8935 606-...... 387 ______9198 405 _____ ------9278 ______8935 689...... — 388 ______9200 422______------9278 ______9108 389 ______9204 614_____ —______...... 9000 1601______10005, 10110 390 ______9206 P roposed R u l e s : P roposed R u l e s : 399______9207 602______9016 462______10113 610___ 9923 1000______9248 21 CFR 30 CFR P roposed R u l e s : 1— — ...... - ...... 8550, 8928 Ch. I V -______10360 7...... 8943, 8944 3------9000 501______10267 19------9854 P roposed R u l e s : 120 ------8476, 8885, 8929, 8930, 9207,10210 16 CFR 55...... 121 ------i ------8551, 10299 2— ______10146 56— ...... 10302 8552, 8930, 9001, 9208, 9855, 10146, 57______13------8657, 10210, 10267 10305 7 5 „ ...... 8658, 8883-8885, 9851-9853,10205- 130------9001 8569 10209 135b_------9856 15------10109,10110,10268, 10269 135e------10146 31 CFR 501------9108 141a_...... 10211 P roposed R u l e s : P roposed R u l e s : 14lb ------8931 302------8503 141c------10359 8892 427------10116 144-...... _____ 9855 146------9209,10147 32 CFR 17 CFR 146a_...... _...... 10211 513— 8888 533______P roposed R u l e s : 146b. 8931 10110 578______9279 270—_—_— ______...... 9860 146c. 10359 591— ____ 8554 149b. 8552 592 _ 8556 18 CFR 320_. 8822 593 _ 8557 P roposed R u l e s : 594 _ 2______8927 8558 595— ____ 141— 8821,10267 1------— ...... 9214 8566 596 _ 154—_____ ...... 8633 18------8584 8563 120------9214 597 _ 8566 ch. v — ...... 8553 130------9014, 9215 601______8566 P roposed R u l e s 144------9215 602-_____ 8566 1___ ...... 10379 146 a— ------10364 603______8566 2______" ...... 10152 146b...... 10364 606______8566

No. 123----- 10 10422 FEDERAL REGISTER

32 CFR—Continued Page 42 CFR Page 46 CFR—Continued Page 608______8566 57______8487 70______9981 612______8567 79 ______9282 77______^______9981 721______10006 81______8889, 8938, 9008,10228 90______9981 96______- ______9981 736______P r o po sed10007 R u l e s : 761______10008 146______9981 34______9292 167______9982 888d______9811 37______8584 1001______8659 171______10111 52a______8662 309 ______- ___ - ______8659 1600______1000978______9860 1631______« ______10009 310 ______8553, 8890 81 ______8499, 8748, 8892 531______9925 32A CFR P roposed R u l e s : 4 3 C FR 137______8945 BDSA(Ch.VI): 23______;______10009 BDSA Reg. 2, Dir. 13— ------9108 540______8750 Ch. II ______9502 OIA (Ch. X ): 1840—'______- ______10010 OI Reg. 1______10296 47 CFR 1850______10011 FRS (Ch. X V): 4120______10011 0 ______8567, 8825 Reg. V ...... 9812 4130____ — ______— 10012 1______8825, 9008 P roposed R u l e s : 5.490______10012 2______8634, 8644, 8828,10219,10361 5510_____ r»______10012 18______8644 Ch. X ______— — 10153 73______— ______8650, 8825,10268 P u b l ic L and O rd er s: 81______« ______10219 33 CFR 2618 (modified by FLO 4845)— 9857 83 ______8567,10222 ______8823 4582 (modified by PLO 4837) _ 8824 87______:______10013 no____ 4836— ______8824 9003, 9924,10212 91______8939,10361 117______4837 ______— — 8824 P roposed R u l e s : 204______9279 4838 ______8824 ______8481 207______4839 ______- ______8825 2______10030, 10372 ______8936 401______4840 _____ — ______8825 67 ______8502 73 ______8670, P roposed R u l e s : 4841 __ 10012 117______8500, 8664, 9017-9019 4842______— ______9857 8834, 8946, 10031, 10231, 10320, 4843 ______9857 10375-10378 4844 _____ 9857 74 ______- ____ 8671 36 CFR ______10378 4845 ______9857 83 7 _ ...... 10359 91 ______— ______10030 4846 ______- ______10295 11______- ______- ______8734 95____ 10030 4847 __ 10360 4848 ______— 10360 38 CFR 4849 __ 10360 49 CFR 21______9812 P roposed R u l e s : 1 9857 5430------10153 2l______10080 39 CFR 177______9284 9279 230______10223 126______- 45 CFR 231!______10149 8481 153______—- 234______- 8990 236______!------9926 P roposed R u l e s : 249 ______- ______8732 310______8553, 8890 113______— 8892 250 ______- 10013 389______9209 133______10022 P roposed R u l e s : 571______9211 204— _____ 8780 1033______8735, 8780,101-3 9213, 9858, 10150, 10224, 10225 41 CFR 205— 206— _____ 8784 1048______9213 8482 1 1 208— _____ 8785 1056______8890 1 2 ______8485 233— _____ 8786 1307___;______8736 8485 1 lfi ______235______8789 P roposed R u l e s : 3_2 _ 9004 246______8789 170-189------8831 3_4 ______. 10111 248__ ___— 8790 172 8502 9924 5A 1 ______249— _____ 8793 v n —- ______8502, 8946 5 A 1fi ______9925 251— _____ 8664 196 8833 5A 73 ______9925 192———————— _____ 8833,9293 8_lfi ______8485 4 6 CFR 393— ______— 9859 3_95 ______8485 567______9293 Q_4 ______9006 l — 9975 571 10368 9 5______9006. 9007 10 9975 575 8667, 8832 9975 9 7 ______9006 32. 1048™______- 8594, 9932,10380 9 9 9006 50 9975 60 99 ______8888 52_ 9975 101 17 ______8485 53_ 9976 50 CFR 101 19 ______10293 54_ 9976 17 ; ______8491,8736,8941 28 ______10015 101-20______9007 55- 9977 101-32______10293 56- 9978 32— I l I I — ____ I— ___ 10015, 10361,10362 101-43______9280, 10295 57- 9980 33 10015 mi-44 _ 9280. 10295 58. 9980 258______- ______10151 101-45______9280 61_ 9980 280______8890 101-47...... 8486 63_ 9981

United States Government Organization MANUAL 1 9 6 9 -7 0

government

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