FEDERAL REGISTER VOLUME 32 • NUMBER 143 Wednesday, July 26, 1967 Washington, D.C

FEDERAL REGISTER VOLUME 32 • NUMBER 143 Wednesday, July 26, 1967 Washington, D.C. Pages 10901-10970

Agencies in this issue- ThePresldent Agricultural Research Service Agriculture Department Atomic Energy Commisson Civil Aeronautics Board Civil Service Commison Commodity Credit Corporation Consumer and Marketing Service Emergency Planning Office Federal Aviation Admnistration Federal Communications Commission Federal Marltime Commisson Federal Power Commission Federal Reserve System Federal Trade Commission Food and Drug Administration Interstate Commerce Commlon LaborDepartment Land Management Bureau National Bureau of Standards Post Office Department (Transportation Dopartment; Detailed list of Contents appears inside. Subscriptions Now Being Accepted SLIP LAWS

90th Congress, 1st Session 1967

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COMMODITY. CREDIT FEDERAL MARITIME THE PRESIDENT - CORPORATION COMMISSION PROCLAMATION Rules and Regulations Notices aw and order in the State of Michigan ------10905 Grains and similarly handled Agreements filed for approval: commodities; price support; cor- California Association of Port EXECUTIVE ORDER rection 10910 Authorities-_- 10946 Providing for restoration of law Peanuts; 1967 crop warehouse Columbus Line/Paciflc Australia and order in the State of Michi- storage loans and sheller pur- Direct Line...... ----- 10946 gan ...------. ------10907 chases ------10910 Evans Products Co., and Relta Steamship Co 10947 CONSUMER AND MARKETING Italy, South France/US. Gulf EXECUTIVE AGENCIES SERVICE Conference-__ 10947 Manchester Liners, Ltd., and AGRICULTURAL :RESEARCH Rules and Regulations Irish Shipping Ltd. - 10947 SERVICE Milk in St. Louis, Mo., marketing Port of Seattle and Ximbrell- area 10909 Lawrence Transportation, Inc- 10948 Rules-and Regulations -. Proposed Rule Making Sea-Land Service, Inc.-Cancella- Availability of information -----10915 tion of FMC port-to-port rates; Canned clingstone and freestone west coast/Alaska trade; order AGRICULTURE DEPARTMENT peaches; proposed standards for of investigation and suspension- 10948 -grades ------0935 -See also Agricultural Research, Security for protection of public: Service; Commodity Credit Cor- EMERGENCY PLANNING OFFICE Application for certificate of Consumer and Mar- financial responsibility to meet poration; Notices or keting Service. liability incurred for death Notices of major disasters: injury to passengers or other Notices Kansas ...... 10950 persons on voyages (2 documents) 10949 Colorado et al.; designation of Nebraska.------10949 areas for emergency loans---- 10938 Indemnification of passengers General Counselret al.; delegation EEDERAL AVIATION for nonperformance of trans- of authority ------10938 portat-on 10949 ADMINISTRATION Overcharges; time limit on ATOMIC ENERGY COMMISSION Rules and Regulations fling - - 10946 Airworthiness directive; Rolls- Notices Royce Sprey Model 506-14 FEDERAL POWER COMMISSION Wisconsin Michigan Power Co.; engines ..... 10928 Notices of provisional con- issuance Alterations: Hearings,etc.: struction permit - _ 10939 Restricted area ----- 10929 Transition area ------10928 Area Rate Proceeding, et al---- 10955 Corp. 10951 CIVIL AERONAUTICS BOARD- Designations: Consolidated Gas Supply -Control zone .... ------10928 El Paso Natural Gas Co ---- 10952 Rules and- Regulations Federal airway-. ------10929 Humble Oil & Refining Co- - 10950 Interior Department, Southeast- Exemption of air carriers for mili- Proposed Rule Making ern Power Administration, ta y charters and substitute 10955 rates -for Transition area: Jhi Woodruff Project_~_ service; - minimum -- .------10937 Michigan Gas and Electric Co., turboprops and stretched jets-- 10929 Proposed ateration Proposed deslgnation ...----- 10937 and Northern Natural Gas Co- 10952 Notices Natural Gas Pipeline Company of America ... _ _. 10952 Hearings.etc.: FEDERAL COMMUNICATIONS 10953 Aerolineas Argentinas. - 10939 Natural Gas Service, Inc..__ Bermuda Service Investigation- 10939 COMMISSION Northern Natural Gas Co, (2 Toronto Airways, Ltd ...------10939 documents) 10953,10954 Notices Ohio River Pipeline Corp_--_ 10954 Hearings,etc.: Signal Oil & Gas Co., et aL- 10951 CIVIL SERVICE COMMISSION Cable Vision, Inc ------... 10940 Texas Eastern Transmission City of New York Municipal Corp. . 10954 Rules and Regulations Broadcasting System (WNCY) Adverse actions by agencies; mis- and Midwest Radio-Television, cellaneous amendments ------10909 Inc. (WCCO) ------10940 FEDERAL RESERVE SYSTEM Employee grievances and admims- Fetzer Cable Vision et aL--..... 10943 Rules and Regulations trative appeals; witnesses and Florlda-Georgia Television Co., 10943 Collection of checks and other arbitration :requirements.- 10909 Inc., et aL ..... Reserve banks- 10912 Great Southern Broadcasting items by Federal - Notices Co ------10945 Notices Electricians- et al.; manpower North Shore Broadcasting Corp. Barnett National Securities Corp.; shortage; notice of listing-.... 10940 (WESX) ------10945 notice of applications for ap- Trl-Cities Broadcasting Corp., proval of shares of banks..... 10939 COMMERCE DEPARTMENT and Palmer-Dykes Broadcast- (Continued on next page) ing Co. (2 documents) - 10945, 10946 See National Bureau of Standards. 10903 10904 CONTENTS FEDERAL TRADE COMMISSION INTERSTATE COMMERCE Notices Proposed Rule Making COMMISSION Florida; fMling of plats of survey.. 10938 Regulations under Fair Packaging -Notices and Labeling Act; extension of NATIONAL BUREAU OF time for comments ------10937 Central and field organization; STANDARDS description ------10955 FOOD AND DRUG Motor carrier: I Rules and Regulations ADMINISTRATION Alternate route deviation no- Standards of certified properties tices ------10957 and purity; vscometer calibrat- Rules and Regulations Applications and certain other ing liquids; discontinuance.... 10030 Color additives; postponement of proceedings ------10959 closing dates of provisional list- Temporary authority applica- Ings; cancellation of certifi- tions ------10965 POST OFFICE DEPARTMENT cates ------10930 Transfer proceedings ------10965 Rules and Regulations Notices LABOR DEPARTMENT Domestic air transportation-- 10916 Purex Corp.; notice of hearing; correction ------10938 Rules and Regulations TRANSPORTATION DEPARTMENT Immigration; availability of, and HEALTH, EDUCATION, AND adverse effect upon, American See also Federal Aviation Admin- WELFARE DEPARTMENT workers ------10932 Istration. See Food and Drug Administra- LAND MANAGEMENT. BUREAU Notices tion. Rules and Regulations Delegation of authority and allocations and priorities for trans- ,Public land orders: INTERIOR DEPARTMENT Alaska ------10933 portation during rail strike; no- See Land Management Bureau. Arizona (3 documents)-_ 10933, 10934 tice of termination ------10938 California ------10934 Colorado ------10933 Idaho (2 documents) . 10933, 10934 North Dakota ------10934

List of CFR Parts Affected (Codification Guide) The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the paris and sections affected by documents published since January 1, 1967, and specifies how they are affected. 3 CFR 14 CFR 39 CFR PROCLAMATION: 39 ------10928 531 ------10916 3795 ------10905 71 (4 documents) ------10928,10929 532 ------10918 EXECUTIVE ORDER: 73 ------10929 533 ------...------10919 11364 ------10907 288 ------10929 534 ------10924 PROPOSED RULES: 5 CFR 71 (2 documents) ------10937 43 CFR 752 ------10909 PUBLIc LAND ORDERS: 771 ------10909 15 CFR 1767 (revoked in part by PLO 4255) 10933 7 CFR 230 ------10930 ------1062 ------10909 3036 (amended by PLO 4259) ---- 10934 1421 ------10910 4153 (revoked in part by PLO 1446 ------10910 16 CFR 4252) ------10033 PROPOSED RULES: PROPOSED RULES: 4252------...----- 10933 52 ------10935 500 ------10937 4253 ------10933 4254 ------.------10933 9 CFR 4255 ------10933 21 CFR 4256 ------10934 165 ------10915 8 ------10930 4257------10934 12 CFR 4258 ------10934 207 ------10912 29 CFR 4259 ------10934 210 ------10912 60 ------10932 4260 ------10034 10905 Presidential Documents

. Title 3-THE PRESIDENT Proclamation 3795 LAW AND ORDER IN THE STATE OF MICHIGAN By the President of the United States of America A Proclamation WHEREAS the Governor of the State of Michigan has informed me that conditions of domestic violence and disorder exist in the City of Detroit in that State, obstructing the execution and enforcement of the laws, and that the law enforcement resources available to the City and State, including the National Guard, have been unable to suppress such acts of vioience and to restore law and order; and WHEREAS the Governor has requested me to use such of the armed forces of the United States as may be necessary for those purposes; and WHEREAS such domestic violence and disorder are also obstructing the execution of the laws of the United States, including the protecti6n of federal property in the City of Detroit: NOW, THEREFORE, I, LYh\DON B. JOHNSON, President of the United States of Ameeria, by virtue of the authority vested in me by the Constitution and laws of the United States, including Chapter 15 of Title 10 of the United States Code, do command all persons engaged in such acts of violence to cease and desist therefrom and to disperse and retire peaceably forthwith. IN WITNE SS WHEREOF, I have hereunto set my hand this twenty-fourth day of July, in the year of our Lord nineteen hundred and sixty-seven, and the Independence of the United States of -America the one hundred and ninety-second.

THE WMTE HOUSE, JuZy 04, 1967. [F.l Doec. 67-8747; Filed, July 25, 1907; 10:14 a.m.]

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967

THE PRESIDENT 10907

Executive Order 11364 PROVIDING FOR THE RESTORATION OF LAW AND ORDER IN THE STATE OF MICHIGAN WHEREAS on July 24, 1967, I issued Proclamation No. 3795, pursuant in part to the provisions of Chapter 15 of Title 10 of the United States Code; and WHEREAS the conditions of domestic violence and disorder described therein continue, and the persons engaging in such acts of violence have not dispersed; NOW, THEREFORE, by virtue of the authority vested in me as President of the United States and Commander in Chief of the Armed Forces by the Constitution and laws of the United States, including Cha-pter 15 of Title 10 of the United States Code, and Section 301 of Title 3 of the United States Code, it is hereby ordered as follows: SEoTOw 1. The Secretary of Defense is authorized and directed to take all appropriat steps to disperse all persons engaged in the acts of violence described in the proclamation and to restore Kaw and order. Sno. 2. In carrying out the provisions of Section 1, the Secretary of Defense is authorized to use such of the Armed Forces of the United States as he may deem necessary. S.Ec. 3. The Secretary of Defense is hereby authorized and directed to call into the active military service of the United States, as he may deem appropriate to carry out the purposes of this order, any or all of the units of the Army National Guard and of the Air National Guard of the State of Mlichigan to serve in the active military service of the United States for an indefinite period and until relieved by appropriate orders. Units, or members thereof, may be relieved subject to recall at the discretion of the Secretary of Defense. In carrying out the provisions of Section 1, the Secretary of Defense is authorizea .to use units, and members thereof, called or recalled into the active military service of the United States pursuant to this section. SEC. 4. The Secretary of Defense is authorized to delegate to the Sec etaxy of the Army or the Secretary of the Air Force, or both, any of the authority conferred upon him by this order.

Tnn WHE nousE, - JVZy 24, 1967. [F.R. Doc. 67-8748; ilied, Tuly. 25, 107; 10:25 aan.]

F.IL Doe. 67-8747, supra.

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967

10909 Rules and Regulations

Title5--INSTBAT a new provision that both parties at a is entitled to use both the agency hearing Title 5J- ADMUIthISRAIVL hearing conducted by an arbitrator are committee in the first level and advisory entitled to produce witnesses, and also by arbitration in the second level; and (2) PERSONNEL a new provision recognizing that some the employee is not entitled to a hearing .agencies hold the hearing before the before the arbitrator as a matter of right, Chapter -- Civil Service Commission original decision on adverse action Is but the arbitrator may, in his discretion, PART 752-ADVERSE ACTIONS BY , as set out below. hold a hearing of such scope as he con- Witnesses. siders necessary within the provisions of AGENCIES § 771.216 paragraph (f)of this section. (a) Both parties are entitled to pro- Miscellaneous Amendments duce witnesses. (f) When an arbitrator holds a hear- Ing, he shall conduct and record it, and Part 752 is amended as follows: (b) The agency shall make Its em- make a report of findings and recom- § 752.102 is expanded by the addition of ployees available as witnesses before a mendations, under the principles set - a definition showing that an appeal" to hearing committee when (1) requested forth in §§ 771.215, 771.217, and 771.218. the agency is an appeal under Part 771 by the committee after consideration of (g) Both parties at a hearing held by of Title 5; §752.202(f) is shortened by a request by the employee or the agency an arbitrator are entitled to produce the deletion of the redundant reference and (2) it Is administratively practicable witnesses. to Part 771 of Title 5, as set out below, to comply with the request of the corn- (h) An agency shall make its employ- mittee. If the agency determines that 752.102 Definitions. is not administratively practicable toIt ees available as witnesses at a hearing held In advisory arbitration under the In this part: comply with the request of the commit- principles set forthin § 771.216. (a) Days means calendar days and not tee, it shall submit for Inclusion In the (1)An agency shall furnish copies of workdays, employee appeal file its written reasons the hearing record and the arbitrator's (b) Appeal to the agency means an for the declination. report under the principles set forth in appeal under Part 771 of this chapter. (c) Employees of the agency are in a § 771.218. duty status during the time they are §752.202 rdurs. made available as witnesses. Qi) The award of an arbitrator is ad- * * * * * (d) The agency shall assure witnesses visory only and may be either accepted or rejected by the agency oficial author- (f) Arotice of adverse decision. The freedom from restraint, interference, ized to make the appellate decision, or employee is entitled to notice of the coercion, discrimination, or reprisal In the original decision when the hearing is agency's decision at the earliest prac- presenting their testimony. - held before the original decision is placed ticable date. The agency shall deliver § 771.228 Arbitration requirements. into effect. the notice of decision to the employee (a) An agency may provide for ad- (5 U.S.C. 1302, 3301. 3302, 7301, 7701, I-O. at or before the time the action will be visory arbitration in Its appeals system 10577, 19 P.R. '521, 3 CPR 1954-58 Comp. p. made effective. The notice shall be in only through a negotiated agreement be- 218. E.O. 10983. 27 F.R 551. a CPR 1959-63 writing, be dated, inform the employee tween the agency and an employee orga- Camp.. p. 521) of the reasons for the action, inform nization to which exclusive recognition UKITED STATES CvM SERV- the employee of his right of appeal to has been granted. ICE the appropriate ofce of the Commission, CoMnsrolr, (b) An employee may use advisory ar- (sEAL] JAMES C. SPRY, and inform him of the time limit within bitration only if: ,which an appeal may be submitted Executive Assistant to as (1) He is employed in a unit repre-' the Commissioners. providedin §752.203(b). Theagencyalso sented by an employee organization shall inform the employee of any right which has negotiated an agreement for [P.R. Doc. 87-8638; P"led, July 25, 1967; of appeal to the agency, advisory arbitration with the employing 8:46 a.m.] (5 U.S.C. 1302, 3301, 3302, 7301, 7701, E.O. agency; 10577, 19 P.R1. 7521, 3 CR 1954-58 Camp., (2) He specifically requests It; and p. 218, E.O. 10988, 27 P.R. 551, 3 CFR 1959- (3) The-employee organization con- 63 Comp., p. 521) curs in the use of advisory arbitration Title 7- AGRICULTURE UNrnx STATES CIvm SERV- and agrees to pay one-half the cost of Chapter X-Consumer and Marketing IcE CoMMIssIoN, arbitration. Service (Marketing Agreements and [SEAL] JAMES C. SPRY, (c) Advisory arbitration may not re- Orders; Milk), Department Executive Assistant-to of Agri- late to the content of agency policy, but culture the Commissioners. is restricted to the propriety of an ad- [ . Doc. 67-8i37; Pied. July 25. 19k, verse action in a particular case. iM.lkOrder62] 8:46 a J (d) When advisory arbitration is provided for in a one-level appeals system PART 1062-MILK IN ST. LOUIS, MO., MARKETING AREAK or in the first level of a two-level sys- PART 771--EMPLOYEE GRIEVANCES tem, (1) advisory arbitration serves as Order Suspending Certain Provisions AND ADMINISTRATIVE APPEALS an alternate to the agency hearing com- Pursuant to the provisions of the Agri- mittees; (2) the employee cannot use Witnesses and Arbitration both advisory arbitration and the agency cultural Marketing Agreement Act of Requirements hearing committee, but must choose one 1937, as amended (7 U.S.C. 601 et seq.), ' or the other; and (3) If the employee and of the order regulating the handling .Part 771 is amended as follows, § 771.- uses advisory arbitration, he Is entitled, of milk In the SL Louis, Missouri, mar- 216 is expanded by the addition of a to a hearing before the arbitrator. . keting area (7 CPR Part 1062), it is new provision that both parties to an (e) When advisory arbitration is pro- hereby found and determined that: appeal are entitled to produce witnesses; vided for in the second level of a two- (a) The following provisions of § 771.228 is expanded by the addition of' level appeals system, (1) the employee the order do not tend to effectuate the de-

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 No. 143-2 10910 RULES AND REGULATIONS clared policy of the Act for the month of Chapter XIV-Commodity Credit Cor- Tex.; and Virginia-Carolina area, Pea- August 1967: poration, Department of Agriculture nut Growers Cooperative Marketing As- (1) In § 1062.51(a) the following sociation, Franklin, Va. words of the introductory text preceding SUBCHAPTER B--LOANS, PURCHASES, AND subparagraph (1): "And plus or minus OTHER OPERATIONS § 1446.41 Applicability. the amounts provided in subparagraphs [C.C.C. Grain Price Support Regs.; Rev. 1, The support prices specified in this sec- (1) and (2) of this paragraph:" Amdt. 2] tion apply to 1967-crop farmers stock (2) Subparagraph (1) of § 1062.51(a). peanuts in bulk or in bags, net weight (b) Notice of proposed rule making, PART 1421-GRAINS AND SIMILARLY basis, eligible for price support advances' public procedure thereon, and 30 days HANDLED COMMODITIES a under the general regulations"The sup- notice of the effective date hereof are Subpart-General Regulations Gov- port prices in this subpart will not be impractical, unnecessary, and contrary reduced but will be increased If a com- to the public interest in that: erning Price Support for the 1964 bination of the supply percentage as of (1) This suspension order does not and Subsequent Crops August 1, 1967, and the parity price as require of persons affected substantial WAREHOUSE RECEIPTS; CORRECTION of that date requires a higher price. or ektensive preparations prior to the § 1446.42 National average price. effective date. FR. Doc. 67-7457, published at page (2) This suspension order is necessary 9301 in the issue dated Friday, June 30, The national average support price for to reflect current marketing conditions 1967, is corrected by changing the par- 1967-crop peanuts Is $227 per ton. and to maintain orderly marketing con- enthetical reference "(Form CCC 698)" in the amended § 1421.58(a) to read § 1446.43 .Averago support prices by ditions in the marketing area. type. (3) This suspension order will cQn- "(Form CCC 678)". tinue for the month of August 1967, the Signed at Washington, D.C., on July 20, The support prices by type per average effect of the prior suspension order Issued 1967. grade ton of 1967-crop peanuts are: June 1,1967, which eliminated price ad- H. D. GODFREY, Dollars Justments due to the supply-demand ad- Executive Vice President, Type per ton justor for the period of June 3-30 and Commodity Credit Corporation. Virginia ------230.80 Runner ------...214.24 July 1967. Such prior suspension order [F.R. Doe. 67-8682; Piled, July 25, 1967; was issued at the request of cooperative Southeast Spanish------231, 98 8:50 am.] Southwest Spanish------.. 222.70 associations whose members comprise a Valenola, suitable for cleaning and large majority of producers serving the roasting ------230.80 St. Louis market and other markets af- PART 1446-PEANUTS § 1446.44 Calculation of support prices. fected by this supply-demand adjustor. Subpart-1907-Crop Peanut Ware- The support price per ton for peanuts The prior suspension action was taken house Storage Loans and Sheller pending revision of thd supply-demand of a particular type and quality shall be Purchases calculated on the basis of the following adjustor based on the hearing held in rates, premiums, and discounts (with no St. Louis, Mo., February This annual crop supplement, together 28 through with the General Regulations Govern- value being assigned to damaged ker- March 3, 1967 (32 P.R. 1042), at which ing 1967 and Subsequent Crop Peanut nels), except that the minimum support a proposal to revise the supply-demand Warehouse Storage Loans and Sheller value for any lot of eligible peanuts of adjustor was considered. The present Purchases (32 P.R. page 9950) and any any type shall be 4 cents per pound of suspension action is being taken to pre- amendments thereto (hereinafter called kernels in the lot: the General Regulations), contain the (a) Kernel value per net ton excluding vent supply-demand adjustments for loose shelled kernels. (1) Price for each this additional period terms and conditions under which CCC while considera- will make warehouse storage loans on percent of sound mature and sound split tion is being given to revision of the and sheller purchases of 1967-crop kernels shall be: supply-demand adjustor based upon the peanuts. Dollara Type per ton hearings which have been held. WAREHOUSE STORAGE LOANS (4) The previous suspension action Sec. Virginia ------. 3,278 was taken so that a decrease in the Class 1446.40 Associations through which pro- Runner ------. 3,146 ducers may obtain price support. Southeast Spanish------3. 244 I price would not unduly reduce returns 1446.41 Applicability. Southwest Spanish ------. 3,109 to producers in the St. Louis, Mo., 1446.42 National average price. Valencia: Ozarks, -Southern Illinois, and Paducah 1446.43 Average support prices by type. Southwestern area--ultablo for 1446.44 Calculation of support prices. cleaning and roasting ------3,64 markets. Since the same conditions that Southwestern area-not suitablo for prompted the previous suspension order SHELLER PURCHASES cleaning and roasting ------. .160 continue to prevail this suspension order 1446.50 Eligible sheller-ling time. Areas other than Southwestern.... 3.244 effective for the month of August 1967 is 1446.51 Period of offering. (2) Price for each percent of other 1446.52 CCC purchases of eligible peanuts warranted. and prices. kernels: Therefore, good cause exists for mak- AuTnoarry: The provisions of this subpart All types ------1, 40 ing this order effective August 1, 1967. issued under sees. 4 and 5, 62 Stat. 1070, (3) Premium for each 1 percent extra It is therefore ordered, That the afore- _as amended; 15 U.S.C. 714 b and c. Interpret or apply sees. 101, 401, 63 Stat. 1051, as large kernels in Virginia type peanuts said provisions of the order are hereby amended, 7 U.S.C. 1441, 1421. shall be 45 cents, except that no pre- suspended for the month of August 1967. WAREHOUSE STORAGE LoANS mium shall be applicable to any lot of (Sees. 1-19, 48 Stat. 31, as amended; 7 U.S.C. such peanuts containing more than 7 601-674) § 1446.40 Associations through which producers may obtain price support. -percent damaged kernels. Effective date: August 1, 1967. (b) Value of loose shelled kernels per Eligible producers may obtain price Signed at Washington, D.C., on July 21, support by means of warehouse storage pound. 1967. loans on eligible 1967-crop farmers stock All types ------$0.07 GEORGE L. MEHEN, peanuts through, in the Southeastern Assistant Secretary. area, GFA Peanut Association, Camilla, (c) Damaged kernel discount. For all [P.R. Doe. 67-8683; Filed, July 25, 1967; Ga.; Southwestern area, Southwestern types of peanuts, the discount per ton 8:50 ajm.] Peanut Growers Association, Gorman, for damaged kernels shall be as follows:

FEDERAL REGISTER, VOL. 32, NO. 143-WEDNESDAY, JULY 26, 1967 RULES AND REGULATIONS 10911

Peanuts containing damaged Dis- shall file with the association not later (3) Large split kernels (i.e.,separated kernels of- count than February 28, 1968, or such later halves) which will not pass through 1 percent ------None date as may be approved by CCC, the screens with the following size open- 2 percent ------$3.40 notice of participation required under ngs-16.75 cents per pound: 3 percent------7.00 § 1446.11(a). 4 percent ------. 00 Virginia...... - 1!T" round. 25.00 Runner------%1 round. 5 percent ------§ 1446.51 Period of offering. ------156i 6 percent ------40.00 Spanish 4, round. 7 percent ------60.00 Unless a later date is approved in writing by CCC, written offers to sell 1967 (4) Small whole kernels which will 8-9 percent ------80. 00 not pass through screens with the follow- 10 percent and over ------100.00 crop shelled peanuts to CCC, on the form prescribed by CCC, may be flied with the ing size openings-12 cents per pound: (d) Sound split kernel discount. For association from time of harvest Vlrginla-- -...... 2rt x 1" slot. all types of peanuts, the discount for through: Runner ------2i x%1" slot sound split kernels shall be as follows: (a) July 31, 1968, for shelled peanuts Spanish-- . -.-.-- x 3&" slot. Dis- not U.S. grade described in § 1446.52(c). (5) In addition to the other prices count (b) October 31. 1968, for U.S. grade specified n this paragraph (c), CCC Peanuts containing sound per shelled peanuts described In § 1446.52(b). shall pay the sheller for fall through -split kernels of- ton § 1446.52 CCC purchases of eligible not exceeding 3 percent at the rate of 6 1 or 2 percent ------None Fall through means all 3 percent ------$0.60 peanuts and prices. cents per pound. 4 percent and above ------...1.20 (a) Basis of purchase. Except as kernels or portions thereof which will 'Plus $1 for each percent of sound split otherwise provided in § 1446.13 of the pass through screens with the follow- kernels in excess of 4 percent. General Regulations, CCC will purchase ing size openings: (e) Foreignmaterial discount. The dis- from eligible sheliers 1967-crop peanuts which meet the specifications contained Whole kernels Splits and count for each full 1 percent foreign IPOrtons material in excess of 4 percent and not in this section. The peanuts will be pur- over 10 percent shall be $1 per ton. chased on the basis of the net weight V'Igpln ..... '5xl"sIot -.. Ii" round. (f) Price adjustment for Peanuts in determined at the time of delivery and Sua n ... Va,nh. 3 "sot... 1W5" round. Virginia-Carolina area sampled with the prices specified in paragraphs (b) other than a pmeumatic sampler. The and (c) of this section. CCC will also support price for Virginia type peanuts (6) Quality conditions: Any lot of in the Virginia-Carolina area sampled pay a carrying charge for U.S. grade with other than a pneumatic sampler shelled peanuts only which are delivered shelled peanuts of the sizes described in shall be reduced by one-tenth cent per- to CCC after November 1967 in the subparagraphs (1) through (4) of this pound net weight including loose shelled Southeastern area, and December 1967 In paragraph (c) shall not contain more kernels. than (1)4 percent damaged or unshelled (g) Mixed types discount. Individual th6 Southwestern and Virginia-Carolina areas. The carrying charge will com- kernels other than minor defects, (i) 8 lots of farmers stock peanuts containing percent total damaged or unshelled mixtures of two or more types in which mence on December 1,1967, in the South- there is less than 90 percent of any one eastern area, and January 1, 1968, in and minor defects, (I) 9 percent mois- 'type will be supported at a rate which Is the Southwestern and Virginia-Carolina ture In the Southeastern and Southwest- $10 per ton less than the support price areas, and will accrue at the rate of $1.40, ern areas, or 10 percent moisture in applicable to the type in the mixture per ton net weight per calendar month the Virginia-Carolina area, (v) 6 per- having the lowest support price. cent fall through, as defined in subpara- (h) Location adjiistments to support or fraction thereof, but shall not exceed a total of $7 per ton net weight. graph (5) of this paragraph (c) (but prices. Farmers stock peanuts delivered fall through in to the association for price support ad- (b) U.S. grade shelled peanuts. CCC will not pay for any vances in the States specified, where pea- (1) U.S. No. 1 (all types)-17.25 cents per excess of 3 percent), and (v)2 percent nuts are not customarily shelled or pound. foreign material. The peanuts in any crushed, shall be discounted as follows: (2) U.S. Extra Large Vlrgtnla-20.50 cents bag(s) in any lot of such peanuts shall (1) Arizona, $25 per ton. per pound. also meet the quality conditions set forth (2) Arkansas, $10 per ton: (3) U.S. Medium Virglnla-1850 cents per above n this subparagraph (6). If a (3) California, $33 per ton. pound. sheller offers to CCC any lot of such pea- (4) Louisiana, $7 per ton. (4) U.S. Splits (all types)-o.l5 cents per nuts which contains peanuts of different pound. (5) Mississippi, $20 per ton. sizes (Le., No. 1 size, large whole; small (6) Missouri, $10 per ton. U.S. grade shelled peanuts shall meet the whole, or large split kernels) bagged -(7) Tennessee, $25 per ton. U.S. Standards for such peanuts, except separately, the sheller (1)shall mark or (I) Virginia type peanuts. Virginia that they shall not contain more than tag each bag in the lot to show the size type peanuts, to receive peanut price sup- 1.25 percent damaged or unshelled ker- of the peanuts therein, and (1) shall port as Virginia type, must contain 40 nels other than minor defects and not stack the bags of each size of peanuts percent or more "fancy" size peanuts, as more than 2 percent total damaged or separately to make them readily avail- determined by a presizer with the rollers unshelled and minor defects. able for sampling. set at a -34 inch space. Virginia type (c) Shelled peanuts-not U.S. grade. (7) The prices specified for shelled peanuts so determined to contain less (1) No. 1 size i.e., ride U.S. No. 1 peanuts described In this paragraph (c) than 40 percent "fancy" size peanuts will screens) -17 cents per pound. shall be discounted () for damaged and be supported (but not classed) as though (2) Large whole kernels which will unshelled kernels and minor defects at they were Runner type. not pass through screens with the fol- the rates prescribed in the table appear- lowing size openings-16.25 cents per SHELLER PURCHASES ing at the end of this subpart, and (ii) pound: for foreign material at the rate of 1o of § 1446.50 Eligible sheller-filing time. Virginia ...... - . 14, x 1" slot. 1 cent per pound for each full -Ao of I To be eligible to sell 1967-crop peanuts Runner ------1!46, x " slot. percent by which the foreign material is to CCC under this subpart, the sheller Spanish ..------x %"lot. in excess of 1 percent.

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 10912 RULES AND REGULATIONS

DISCOUNT SCHEDULE roe 197-ROP SHELLED PEANUTS cash Items or noncash Items. To the (Cents per pound deduction) extent contemplated by regulations issued by, and arrangements made with, Percent Percent minor defects the U.S. Treasury Department and other Government Departments, the handling 0-1.4 1.54.9 l.0-2. 2.5-2.93.0-3.4 3.5-3.9 4.0-L4 4.5-4.9 5.0-5.4 5.5-5.9 6.0-6.4 6.5-8.0 of such Items by the Federal Reservo banks is governed by the provisions of 0-1.0 -- 05 0.11 0.17 0.23 0.29 0.36 0.43 0.51 0.60 0.69 LO0 this part. The operating letters of the 1.1------0.04 .09 .15 .21 .27 .33 .40 .47 . W .64 .73 L04 Federal Reserve banks shall Include 1.2 ------.03 .13 .19 .25 .31 .37 .44 .51 .59 .63 .77 1.03 such information regarding the cur- 1.3 ...... 12 .17 .23 .29 .35 .41 .48 .55 .63 .72 .81 L12 1.4------.16 .21 .27 .33 .39 .45 .52 .59 .67 .76 .85 1.16 rently effective provisions of those regu- 1.6 ...... 20 .25 .31 .37 .43 .49 .56 .63 .71 .80 .89 1.20 lations and arrangements (as well as any 1.0 .24 .29 .35 .41 .47 .53 .60 .67 .75 .84 .93 --- 1.7 ------. 28 .33 .39 .45 .51 .57 .64 .71 .79 .88 .97-..... similar regulations and arrangements 1.8 ...... 32 .37 .43 .49 .55 .61 .68 .75 .83 .92 L01 ...... hereafter Issued or made) as they shall 1.9 ...... 36 .41 .47 .53 .59 .65 .72 .79 .87 .96 L03 2.0------. 40 .45 .51 .57 .63 .69 .76 .83 .91 1.00 1.09 ..... deem necessary and appropriate for the 2.1------.46 .51 .57 .63 .69 .75 .82 .9 .97 LO6 ...... guidance of banks concerned with the 2.2------.53 .5S .64 .70 .76 .82 .89 .96 .04 L13-...... collection or payment of such items. 2.3-... .61 .66 .72 .78 .84 .90 .97 3.04 312 1.21...... 2.4-.. .70 .75 .81 .87 .93 .99 L06 1.13 L21 1.30 ...... 2. -6- ...... 85 .01 .97 1.03 1.09 L 16 L 23 L 31 L 40 ...... § 210.2 Definitions. 2.6------90 .05 L01 L07 L13 319 L26 1.33 L41 ------...... As used in this part, unless the con- 2.7------3 0 L05 LU L17 L23 3.29 L36 1.43 L51 ------...... 2.8 ...... 3. 1.16 L21 L27 L33 3.39 L46 .53 L61 ...... -- .-...... text otherwise requires: 2.9...... L20 L25 L31 L37 L43 L49 L6 L63 L71 ...... --...... (a) The term "Item" means any In- 3.0...... L30 L35 3.41 L47 L3 .59 L66 .73 1.81 ---...... 3.1------1.40 L45' L51 .57 L63 3.69 L76 L83 ...... -- - - strument for the payment of money, 3.2...... L50 L55 L61 .67 .73 L79 L86 L93 .....-...... whether negotiable or not, which is pay- 3.3------.60 3.65 L71 .77 .83 1.89 1.98 2.03 ...... - - - 3.4 ...... L 70 L 75 1.81 L 87 1.93 .99 ?.06 2.13 - . . -- --...... able in a Federal Reserve district, to 3.5...... 1.80 L85 L91 .97 2.03 2.09 2.16 2.23 ...... sent by a sender or a nonbank depositor 3.6 -- L.90 1.95 2.01 2.07 2.13 2.19 2.26 _ ....-.------...... to a Federal Reserve bank for handling 3.7 ------2.00 2.05 2.11 2.17 2.23 '2.29 2.36 ------. 3.8 ------2.10 2.15 2.21 2.27 2.33 2.39 2.46 --..----..- .. ----. ------. under this part, and is collectible in 3.9------2.20 2.23 2.31 2.37 2.43 2.49 2.56 .------funds acceptable to the Federal Reserve 4.0...... 2.30 2.35 2.41 2.47 2.53 2.59 2.66------bank of the district In which the Instru- ment is payable; except that the term Effective date. This subpart shall be effective on the date of its publication in the does not include any check which can- FEDERAL REGISTER. not be collected at par. Signed at Washington, D.C., on July 19, 1967. (b) The term "check" means any H. D. GODFREY, draft drawn on a bank and payable on Executive Vice President, demand. Commodity Credit Corporation. (c) The term "draft" means any Item lF.R. Doc. 67-8535; Flied, July 25, 1967; 8:46 a.m.] which is either a "draft" as defined in the Uniform Commercial Code or a "bill of exchange" as defined n the Uniform Sec. Negotiable Instruments Law. Title 12- BANKS AND BANKING 210.4 Sending of items to Federal Reserve (d) The term "bank draft" means any banks. check drawn by one bank on another Chapter If-Federal Reserve System 210.5 Sender's agreement. 210.6 Status and warranties of Federal Re- bank. SUBCHAPTER A-BOARD OF GOVERNORS OF serve bank. (e) The term "sender" in respect of THE FEDERAL RESERVE SYSTEM 210.7 Presentment for payment. an item, means a member bank, a non- 210.8 Presentment of noncash items for member clearing bank, a Federal Re- PART 207-COLLECTION OF acceptance. serve bank, an international organiza- NONCASH ITEMS 210.9 Remittance and payment. tion, or a foreign correspondent. 210.10 Time schedule and availability of (f) The term "nonmember clearing PART 210-COLLECTION OF CHECKS credits with respect to cash items. bank" means a bank, not a member of OTHERS ITEMS BY FEDERAL 210.11 Availability of proceeds of noncash AND Items. the Federal Reserve System, which main- RESERVE BANKS 210.12 Return of cash items. tains with a Federal Reserve bank the On April 20, 1967, notice of proposed 210.13 Chargeback of unpaid cash items balance referred to In the first para- rule making relating to the revocation of and noncash items. graph of section 13 of the Federal Reserve Part 207 (Reg. G) and the revision of 210.14 Timeliness of action. Act, and any corporation which main- 210.15 Effect of direct presentment of cer- tains an account with a Federal Reserve Part 210 (Reg. J) was published in the tain warrants. FEDERAL REGISTER (32 F.. 6210). After 210.16 Operating letters. bank in conformity with the require- consideration of all relevant matter that ments of § 211.7 of Part 211 of this AuToarry: The provisions of this Part 210 chapter (Reg. K). was presented by interested persons, the isstued under 12 U.S.C. 248, 342, 360. Board of Governors takes the following (g) The term "International organiza- actions: §210.1 Authority and scope. tion" means any international organiza- (a) Pursuant to the provisions of section for which the Federal Reserve banks a. Part 207 is hereby revoked. are empowered to act as depositaries or b. Part 210 is hereby adopted as pro- tion 13 of the Federal Reserve Act, as posed. I amended (12 U.S.C. sec. 342), section 16 fiscal agents subject to regulation by the of the Federal Reserve Act (12 U.S.C. Board of Governors of the Federal Re- Effective date. These actions are ef- sec. 248(o); 12 U.S.C. sec. 360), section fective September 1,1967. 11(i) of the Federal Reserve Act (12 'For the purposes of this part, tho Virgin Dated at Washington, D.C., the 20th U.S.C. sec. 248 (i)), and other provisions Islands and Puerto Rico shall be doomed to day of July 1967. of law, the Board of Governors of the be In or of the 2d Federal Reservo Distriot; Federal Reserve System has promul- and Guam shall be deemed to be In or of By order of the Board of Governors. gated this part governing the collection the 12th Federal Reserve District. of checks and other cash items and the 2The Board of Governors publishes from [SEAL] MTERRITT SHERMNAN, time to time a "Federal Reserve Par List", Secretary. collection of noncash items by the Fed- which indicates the banks upon whloh See. eral Reserve banks. checks are collectible at par through the 210.1 Authority and scope. (b) The Federal Reserve banks, as Federal Reserve bAnks, and publishes a sup- 210.2 Definitions. depositaries and fiscal agents of the plement thereto each month to show changes 210.3 General provisions. United States, handle certain Items as subsequent to the last complete list.

FEDERAL REGISTER, VOL. 32, NO. 143-WEDNESDAY, JULY 26, 1967 RULES AND REGULATIONS 10913

serve System and for which a Federal sender of a cash item or a noncash item serve bank for any loss or expense sus- Reserve bank has opened and is main- and shall be binding upon each collecting tained (including but not limited to taining an account. bank, paying bank, and nonbank payor attorneys' fees and expenses of litiga- (h) The term "foreign correspondent" to which the Federal Reserve bank, or tion) resulting from the failure of such means anyr of the following for which a any subsequent collecting bank, presents, sender to have the authority to make the Federal Reserve bank has opened and sends, or forwards a cash item or a non- warranty and the agreement referred to is maintaining an account: A foreign cash item received by the Federal Re- in paragraph (a) of this section, result- bank or banker, or foreign state as de- serve bank. ing from any action taken by the Federal fined in section 25(b) of the Federal § 210.4 Sending of itents to Federal Re- Reserve bank w thin the scope of its au- Reserve Act (12 U.S.C. sec. 632), or a serve banks. thority in handling such Item, or result- foreign correspondentor agency referred ing from any warranty or agreement with to in section 14(e) of that Act (12 U.S.C. (a) Subject to the provisions of this respect thereto made by the Federal Re- sec. 358). part and of the operaing letters of the serve bank consistently with paragraph (i) The term "cash item" means: Federal Reserve banks, any sender (other (b) of 1 210.6. (1) Any check other than a check than a Federal Reserve bank) may send classified as a noncash item in accord- to the Federal Reserve bank with which § 210.6 Status and warranties of Fed- ance with paragraph (j) of this section; it maintains or uses an account any cash eral Reserve bank. or item ornoncash Item payable In any Fed- (a) A Federal Reserve bank will act (2) Any other item payable on de- eral Reserve district; but, as permitted or only as the agent of the sender in respect mand and collectible at par which the required by such Federal Reserve bank, of each cash item or noncash item re- Federal Reserve bank of the district in such sender may send direct to any other ceived by It from the sender, but such which the item is payable may be willing Federal Reserve bank any cash item or agency shall terminate not later than the to accept as a cash item. noncash item payable within the district time when the Federal Reserve bank (j) The term "noncash item" means of such other Federal Reserve bank. shall have received payment for the item any item which the receiving Federal Re- b) With respect to any cash item or in actually and finally collected funds serve bank, in its operating letters, shall noncash item, sent direct by a sender and shall have made the proceeds avail- have classified as an item requiring spe- (other than a Federal Reserve bank) in able for withdrawal or other use by the cial handling and any item normally re- one district to a Federal Reserve bank in sender. A Federal Reserve bank will ceived by the Federal Reserve bank as another district, In accordance with not act as the agent or the subagent of a cash item if such bank decides that paragraph (a) of this section, the rela- any owner or holder of any such item special conditions require that it be tionships and the rights and liabilities other than the sender. A Federal Re- handled as a noncash item. existing between the sender, the Federal serve bank shall not have, nor will it (k) "Theterm "paying bank" means: Reserve bank of its district and the Fed- assume, any liability to the sender in (1) The bank by which an Item is pay- eral Reserve bank to which the item is respect of any such item and its proceeds able nd to which it is presented, unless sent will be the same, and the provisions except for its own lack of good faith or the item is payable or collectible through- of this part will apply, as though the failure to exercise ordinary care.! another bank and is sent to such other sender had sent such item to the Federal (b) By its action in presenting, or bank for payment or collection; or Reserve bank of its district and such Fed- sending for presentment and payment. (2) The bank through which an item eral Reserve bank had forwarded the or forwarding any cash item or any non- 'is payable or collectible and to which It item to the other Federal Reserve bank. cash item, a Federal Reserve bank shall is sent for payment or collection. (c) The Federal Reserve banks shall be deemed to warrant to a subsequent (1) The term "nonbank payor" means receive cash items at par. collecting bank and to the paying bank any payor of an item, other than a bank. § 210.5 Sender's agreement. and any other payor (1) that it has a (m) The term "nonbank depositor" good title to the item or Is authorized to means any department, igency, instru- (a) By its action in sending any cash obtain payment on behalf of. one who mentality, independent establishment, or item or noncash Item to a Federal Re- either has a good title or is authorized officer of the United States, or any cor- serve bank, the sender shall be deemed to obtain payment on behalf of one who poration other than a sender, which to authorize the receiving Federal Re- has such title, whether or not such war- maintains or uses an account with a serve bank and any other Federal rantyis evidenced by its express guaranty Federal Reserve bank. Except as may Reserve bank or other collecting bank of prior endorsements on such item, and otherwise be provided by any applicable to which such item may be forwarded, to (2) to the extent prescribed by the law of statutes of the United States or regula- handle such item subject to the provi- any State applicable either to the Fed- tions issued or arrangements made there- sions of this part and of the operating eral Reserve bank as a collecting bank under, the provisions of this part and of letters of the Federal Reserve banks; to or to the subsequent collecting bank, that the operating letters of the Federal Re- warrant its own authority to give such the item has not been materially altered; serve banks applicable to A sender are authority; and to agree-that such pro- but otherwise the Federal Reserve bank applicable to a nonbank depositor. visions shall, insofar as they are made shall not have, and shall not be deemed (n) The term "State" means any applicable thereto, govern the relation- to assume, any liability (except for its State of the United States, the District ships between such sender and the Fed- own lack of good faith or failure to of Columbia, or Puerto Rico, or any ter- eral Reserve banks with respect to the exercise ordinary care) to such paying ritory, possession, or dependency of the handling of such item and,lts proceeds. bank or other payor. United States. (b) The sender shall be deemed to (o) The term "banking day" means warrant to each Federal Reserve bank any day during which a bank handling such item No Federal Reserve ban thall be responsi- is open to (1) that it has good ble to the sender of the public for carrying on substantially title to the Item or is authorized to obtain any cash item, or any other owner or holder thereof, for any delay all its banking functions. payment on behalf of one who has good resulting from the action taken by the Fed- § 210.3 General Provisions. title, whether or not such warranty is eral Reserve bank In presenting, sending, or evidenced by its express guaranty of prior forwarding the item on the basis of (a) any In order to afford both to the public endorsements on such item, and (2) such A-B.A. transit number or routing symbol ap- and to the banks of the country a direct, other matters and things as the Federal pearing thereon at the time of its receipt expeditious, and economical system for Reserve bank shall warrant in respect of by the Federal Reserve bank, whether n- the collection of items and the settle- such item consistently with paragraph scribed by magnetic ink or by any other ment of balances, each Federal Reserve b) of § 210.6; but the.provislons of this means, and whether or not such transit nun- bank shall receive and handle cash items paragraph shall not be deemed to con- her or routing symbol is consistent with each and noncash-items other form of designation of a paying bank in accordance with stitute a limitation upon the scope or (or nonbank payor) then appearing thereon, the terms and conditions set forth in this effect of any warranty by a sender aris- or (b) any other form of designation of a part; and the provisions of this part and ing under the law of any State applicable paying bank (or nonbank payor) then ap- the operating letters of the Federal Re- to it; and such sender 3hall be deemed pearing thereon, whether or not consistent serve banks shall be binding upon the with any A.B.A. transit number or routing to agree to indemnify each Federal Re- symbol then appearing thereon.

FEDERAL REGISTER, VOL. 32, NO. 143-WEDNESDAY, JULY 26, 1967 10914 RULES AND REGULATIONS

§ 210.7 Presentment for payment. * which a sender may aend such noncash any sender to another Federal Reserve (a) Any cash item or any noncash items to the Federal Reserve bank for office for the account of such Federal item may be presented for payment by a presentment for acceptance, and of the Reserve bank will be counted as reserve Federal Reserve bank or a subsequent terms and conditions (which shall not for the purposes of Part 204 of this chap- collecting bank, or may be sent by a be inconsistent with the provisions of this ter (Reg. D) and become available for Federal Reserve bank or a subsequent - part) upon which such presentment may withdrawal or other use by the sender. collecting bank for presentment and pay- be made. Except as herein provided, no The sender (other than a foreign cor- ment, or may be forwarded by a Federal Federal Reserve bank shall have or as- respondent) will be given either imme- Reserve bank to a subsequent collecting sume any obligation to present any non- diate credit or deferred credit for such bank with authority to present it for pay- cash item for acceptance or to send it for amount in accordance with such time ment or to send it for presentment and presentment for acceptance. schedule. A foreign correspondent will payment, as provided under applicable § 210.9 Remittance and payment. ordinarily be given credit for such rules of State law or otherwise as per- amount only when the Federal Reserve mitted by this section. (a) A Federal Reserve bank may re- bank has received payment for the Item (b) Presentment may be made at a quire the paying bank or collecting bank in actually and finally collected funds: place where the bank by which the item to which it has presented, sent, or for- Provided, however, That the Federal Re- is payable has requested that present- warded any cash item or noncash Item serve bank may In its discretion give im- ment be made. Presentment of an item pursuant to § 210.7 to pay or remit for mediate or deferred credit for such payable by a nonbank payor, other than such item in cash, but is authorized, in amount in accordance with such time through a paying bank, may be made at a its discretion, to permit such paying bank schedule. place where the nonbank payor has re- or collecting bank to authorize or cause (b) Notwithstanding the provisions of quested that presentment be made. Pre- payment or remittance therefor to be its time schedule, a Federal Reserve bank sentment may also be made pursuant to made by a debit to an account on the may in its discretion books refuse at any time any special collection agreement not in- of such Federal Reserve bank or to permit the withdrawal or other use of consistent with the terms of this part, to pay or remit therefor in any of the credit given for any cash item for which or may be made through a clearinghouse following which is in a form acceptable the Federal Reserve bank has not yet re- subject to the rules and practices thereof. to such Federal Reserve bank: Bank ceived payment In actually and finally (c) Any cash item or noncash item, draft, transfer of funds or bank credit, collected funds. payable in the district of the receiving or any other form of payment or re- Federal Reserve bank, may mittance authorized by applicable State § 210.11 Availability of proceeds of non. be presented cash items. or sent direct to the paying bank, if law. A Federal Reserve bank may re- any; may be sent direct to any place quire the nonbank payor to which it has (a) Credit will be given for the pro- where the bank through which the item presented any cash item or noncash item ceeds of a noncash item when the re- is payable has requested that the item pursuant to § 210.7 to pay therefor in ceiving Federal Reserve bank has re- be sent; and, when payable by a nonbank cash, but is authorized, in its discretion, ceivdd payment for such item In actually payor other than through a paying bank, to permit such nonbank payor to pay and finally collected funds or advice from may be presented direct to the nonbank therefor in any of the following which another Federal Reserve bank of such payor, but documents, securities or other is in a form acceptable to such Federal payment to it, and the amount of such papers accompanying a noncash item Reserve bank: Cashier's check, certified item shall not be counted as reserve for may not be delivered to the nonbank check, or other bank draft or obligation. the purposes of Part 204 of this chapter payor thereof before payment of the (b) A Federal Reserve bank shall not (Reg. D) or become available for with- item, unless the sender has specifically be liable for the failure of a collecting drawal or other use by the sender prior to authorized such delivery. bank or paying bank or nonbank payor the receipt of such payment or advice, (d) Any cash Item or noncash item, to pay or remit for any such cash item or except to the extent provided In para- payable in a Federal Reserve district noncash item, nor for any loss resulting graph (c) of this section. other than the district of the receiving from the acceptance of any form of pay- (b) A Federal Reserve bank shall be Federal Reserve bank, will ordinarily ment or remittance other than cash au- deemed to have received payment for a be thorized forwarded to the Federal Reserve bank in paragraph (a) of this section; noncash item in actually and finally of the district in which the nor shall any Federal Reserve bank collected funds as soon as It has received item is pay- which able: Provided, however, That with the acts in good faith and exercises payment therefor in cash or has received concurrence of the Federal Reserve ordinary care be liable for the nonpay- any other form of payment or remit- bank ment of, of the district in which the item is pay- or failure to realize upon, any tance therefor which Is, or has become, able, the receiving Federal bank draft or other form of payment or final and Irrevocable. Reserve bank remittance may present, send, or forward the item as which it may accept in ac- (c) A Federal Reserve bank may, If It were payable in its own district. cordance with paragraph (a) of' this prior to the time provided in paragraph sect16n. (a) of this section, give § 210.8 Presentment credit for the of noncash items (c) Any bank draft or other form of proceeds of a noncash Item received by for acceptance. payment or remittance received by a it from a sender, subject to payment In Federal Reserve bank in payment of, or actually and finally collected funds, In Whenever a noncash item provides in remittance that it must be presented for acceptance for, any cash iten may accordance with a time schedule In- or is payable likewise be handled as a cash item sub- cluded in its operating letters, Indicating elsewhere than at the resi- ject to all the applicable dence or place of business of the drawee, terms and con- when the proceeds of such noncash Items ditions of this part; and any bank draft will be counted as reserve for the pur- or whenever the date of payment of a or other noncash item depends upon presentment form of remittance or payment poses of Part 204 of this chapter (Reg. received by a Federal Reserve for acceptance, a Federal Reserve bank bank in D) and become available for withdrawal or a subsequent payment of, or in remittance for, any or other use by the sender. collecting bank to which noncash item may, at It has been sent by a Federal Reserve the option of the (d) Notwithstanding paragraph (a) bank may, If so instructed Federal Reserve bank, be handled either of this section, a Federal Reserve bank by the sender, as a cash item or as a noncash item, present the item for acceptance in any sub- may, in its discretion, refuse at any time manner Ject to all the applicable terms and condi- to permit the withdrawal or other use authorized by law; but no Fed- tions of this part. eral Reserve bank or subsequent collect- of credit given for any noncash Item for ing bank shall, upon the acceptance § 210.10 Time which the Federal Reserve bank has not of schedule and availability yet any such Item, deliver to the drawee of credits with respect to cash items. received payment in actually and fi- thereof any nally collected funds. accompanying documents (a) Each Federal Reserve bank unless specifically instructed by the shall (e) Where a Federal Reserve bank re- include in its operating letters a time ceives, in payment sender to do so. Each Federal Reserve or remittance for a schedule for eAch of its offices indicating noncash item, a bank draft or other form bank shall include in its operating letters when the amount of any cash item re- of remittance or payment which, In ac- a statement of the circumstances under ceived by it from any sender or sent by cordance with paragraph (o) of § 210.9,

FEDERAL REGISIER, VOL. 32, NO. 143-WEDNESDAY, JULY 26, 1967 RULES AND REGULATIONS 10915

it elects to handle as a noncash item, the was presented, by the applicable pro- of the delay ceases to operate as shall procdeds of the noncash item for which visions of any special collection agree- be necessary to take or complete the ac- the payment or remittance was made ment pursuant to which it was presented, tion. provided the bank exercises such shall neither be counted as reserve for and, except as a longer time may be af- diligence as the circumstances require. the purposes of Part 204 of this chapter forded by the provisions of this part, by (Reg. D) nor become available for with- applicable State law; and (2) to agree to § 210.15 Effect of direct presentment of drawal or other use until such time as indemnify such Federal Reserve bank for certain warrants. the Federal Reserve bank receives pay- any loss or expense sustained (including Whenever a Federal Reserve bank ex- ment in actually and finally collected but not limited to attorneys' fees and erclses its option to present direct to the funds for such bank draft or other form expenses of litigation) resulting from Its payor any bill, note or warrant Issued of remittance or payment, in accordance action in giving such credit or making and payable by any State or any county, with the-provisions of this section. such refund, or in making any charge district, political subdivision or munici- § 210.12 Return of cash items. to, or obtaining any refund from, the pality of any State, such bill, note or war- sender. No Federal Reserve bank shall rant being a cash Item not payable or (a) A paying bank which receives a have any responsibility to such paying collectible through a bank, the provisions cash item from or through a Federal bank or any subsequent collecting bank of § 210.9, 210.12, and 210.13 and the Reserve bank, otherwise than for imme- or to the sender of the item or any other operating letters of the Federal Reserve diate payment over the counter, shall, prior party thereon for determining banks shall be applicable to the payor as unless it returns such item unpaid before whether the action hereinabove referred if It were a paying bank, the provisions midnight of the bahiking day of receipt,' to was timely. of § 210.14 shall be applicable to it as if either pay or remit therefor on the bank- It were a bank, and each day on which ing day of receipt, or, if acceptable to §210.13 Chargeback of unpaid cash au- items and noncash item-% the payor shall be open for the regular the-Federal Reserve bank concerned, conduct of Its affairs or the accommoda- thorize or cause payment or remittance If a Federal Reserve bank does not re- treated as if it therefor to be made tion of the public shall be by debit to an ac- ceive payment in actually and finally were a banking day for It, within the count on the books of the Federal Reserve. collected funds for any cash Itemor non- meaning and for the purposes ofV 210.12. bank not later than the banking day for cash Item for which It gave credit sub- such Federal Reserve bank on which any ject to payment in actually and finally § 210.16 Operating letters. other acceptable form of timely payment collected funds, the amount of such Item Each Federal Reserve bank shall issue or remitfance would have been received shall be charged back to the sender, re- operating letters (sometimes referred to by the Federal Reserve bank in the ordi- gardless of whether or not the item itself as operating circulars or bulletins), not nary course: Provided,That such paying can be returned. In such event, neither inconsistent with this part, governing bank -shall have the right to recover any the owner or holder of any such item nor the details of Its operations in the han- payment or remittance so made if, before the sender shall have the right of re- dling of cash items and noncash items, it has finally paid the item, it returns the course upon, interest In, or right of pay- and containing such other matters as are item before midnight of its banking day ment from, any reserve balance, clearing next following the banking day of receipt required by the provisions of this part. account, deposit account, or other funds Such letters may, among other or takes such other actioin to recover such of the paying bank or of any collecting things, payment or remittance within such time bank, in the possession of the Federal classify cash items and noncash Items, and by such means as may be provided Reserve bank. No draft, authorization require separate sorts and letters, and by applicable State law: And further to charge, or other order, upon any re- provide diffeent closing times for the provided, That the foregoing provisions serve balance, clearing account, deposit receipt of different classes or types of shall not extend, nor shall the time here- account, or other funds In the possession cash items and noncash items. in provided for return bd extended by, of a Federal Reserve bank, issued for the the time for return of unpaid items fixed [P.R. Doe. 67-8619; Filed, July 25, 1967; purpose -of paying or remitting for any 8:45 a-m.] by the rules and practices of any clear- cash items or noncash Items handled ing house through which the item was under the terms of this part, will be paid. presented or fixed by the provisions of acted upon, or honored after receipt by any special collection agreement pursu- such Federal Reserve bank of notice of ant to which it was presented. suspension or closing of the bank making Title 9-ANIMALS AND (b) Any paying bank which takes or the payment or remittance for Its own or receives a credit or obtains a refund for another's account. the amount of any payment or remit- ANIMAL PRODUCTS tance made by it in respect of a cash § 210.14 Timeliness of action. Chapter I-Agricultural Research item received by it from or through a Service, Department of Agriculture Federal Reserve bank shall be deemed (1) If, because of Interruption of com- to warrant to such Federal Reserve bank, munieation facilities, suspension of pay- SUBCHAPTER I-PUBLIC INFORMATION ments by another bank, war, emergency to a subsequent collecting bank, and to PART 165-AVAILABILITY OF the sender and all prior parties that conditions or other circumstances beyond it INFORMATION took all action necessary to entitle it to its control, any bank (including a Fed- eral Reserve bank) shall be delayed be- § 165.1 Availability of information. recover such payment or remittance yond the time limits provided In this part within the~time or times'limited therefor or the operating letters of the Federal The Agricultural Research Service by the provisions of this part, by the Reserve banks, or prescribed by the ap- regulations relating to Availability of in- applicable rules and practices of any plicable law of any State In taking any formation to the public and disclosure of clearinghouse through which the item action with respect to a cash item or a records under 5 U.S.C. 552, which are noncash item, including forwarding such set forth In 7 CFR Pait 370, Item, presenting It or sending It for pre- are incor- -'A cash item received by a paying bank porated into this subchapter. either: sentment and payment, paying or remit- (1) On a day other than a banking day ting for it, returning It or sending notice (5 U.S.C. 552,559) for it, or of dishonor or nonpayment, or making (2) On a banking day for it, but- or providing for any necessary protest, Done at Washington, D.C, this 20th (a) After its regular banking hours, or the time of such bank, as limited by this day of July 1967. (b) After a "cut-off hour" established by part or the operating letters of the Fed- it in accordance with applicable State law, or F. R. M&NsMr, (c) During afternoon or evening periods eral Reserve banks, or by the applicable Acting Administrator, when it is open for limited functions only, law of any State, for taking or complet- Agricultural Research.Service. shall be deemed to have been received by the ing the action thereby delayed shall be bank on its next banking day. [P.R. Doc. 67-8624; Plled, July 25, IM7; extended for such time after the cause 8:45 am-l

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 RULES AND REGULATIONS

day of the second previous week. In unless and until otherwise provided by Title 39-POSTAL SERVICE either method of computing the average, the Department. exclude mail: tendered under abnormal (2) Location of quarters. Quarters Chapter I-Post Office Department conditions. When an air carrier elects to must be located to provide expeditious DOMESTIC AIR TRANSPORTATION use one of the two-methods it must con- handling of mail to and from planes and tinue to use the selected method on Form conveniently accessible to mal-carry- Under Subchapter E of Title 39, Code 2760, Air Carrier's Reply-Refusal/Re- ing vehicles. of Federal Regulations, Parts 531, 532, moval of Airmail. , (3) Requests for changes in quarters. 533, and 534 are revised to update in- (3) No part of the mail load, either Request by air carriers or officials of the structions concerning Domestic Air local boarding or through mail, will be postal service for changes in existing Transportation and are effective upon displaced when a trip requires additional quarters or establishment of new quar- publication in the FEDERAL REGISTER. fuel. ters must be made through the transpor- PART 531-AIR CARRIERS (4)- Mail in excess 6f normal mail load tation division involved. must be given priority over all other (f) For obtaining routing from postal Sec. traffic except confirmed revenue passen- unit-(1) Interrupted transportation. 531.1 Applicability. 531.2 Definitions. gers and their baggage. Mail aboard a Any carrier in possession of mall on 531.3 Air carriers' responsibilities. plane must not be removed to accommo- which he does not have proper routing 531.4 Flight operations. date local boarding passengers or extra knowledge will Immediately request the 531.5 Handling of mail. fuel. necessary information from the local 531.6 Reports. (5) Intra-Alaska air carriers must postal unit. 531.7 Submission of claims. provide the same priority for normal (2) Overload situations. When all 531.8 Irregularities, deductions, and flnes. mail flow as any certificated air carrier. available mail cannot be transported on 531.9 Correspondence concerning air service. - When it is not possible for an air carrier an intended flight, the air carrier with AuTiroarry: The provisions of this Part 531 to move all available mail above normal the overload situation must promptly In- issued under 5 U.S.C. 301, 39 U.S.C. 501. out of gateway cities because of unusual form postal personnel at the airport mall § 531.1 Applicability. heavy Iqcal mailings or peak volunies of facility or air stop post office and obtain mail received by boat or truck, the pri- instructions concerning priority to be The rules and regulations in this part ority of movement is further defined in given in loading mail that can be accom- apply to air carriers engaged in trans- this order-airmail, first-class, newspa- modated. Anticipate potential overload porting airmail and air parcel post in pers, perishable parcels, and then bulk situations as much In advance of flight interstate air transportation. mail. Subsequent trips of a carrier will time as possible. Off-loading of mall al- § 531.2 Definitions. continue this priority of movement until ready on board in order to carry mail for the peak volume is transported. destinations of greater postal advantage (a) Air carrier.A citizen or company (6) In loading, unloading, transferring will not be required If this would entail of the United States authorized by the mail to connecting planes, and deliver- unreasonable delay in departure of the Civil Aeronautics Board to engage in in- ing mail to the designated postal repre- flight. terstate air transportation. sentative, mail must be given preference (g) For preparing and submitting (b) Interstate air transportation.The over all other cargo. schedules-(1) Preparation.Air carriers carriage of mail by aircraft between a (c) For protecting mail. (1) Air car- shall prepare schedules as follows: place in any State of the United States, riers are held strictly responsible and ac- (I) Arrange schedules north to south or the District of Columbia, and a place countable for mail in their custody. Mail and east to west, with flights listed in in any other State of the United States, must not be left exposed on trucks or chronological order left to right. or District of Columbia; or between otherwise, subjected to depredation or (i) Show on related schedules for places in the same State of the United weather. In transporting mail between each route all'restrictions on the trans- States;"or between places in the same point of exchange with the post office portation of mail. territory or possession of the United and aircraft ramp positions, carriers . (2) Submission. (1)Air carriers shall States, or District of Columbia; or be- must provide adequate and suitable submit with proposed new schedules a tween places in any State of the United vehicles that will (i) prevent mall from brief explanatory letter or cover sheet States, or District of Columbia, and a being lost or dropped en route and (Ii) detailing proposed changes. place in Puerto Rico or U.S. Virgin Is- protect mail from depredation and (ii) Copies of changes to existing lands or terminal points in Canada; or weather. Take every precaution to pro- schedules must be filed with the Post between or within Puerto Rico and the tect mail from fire. Mail handlers must Office Department, Air Transportation U.S. Virgin Islands. be identified by badges or distinguishing Branch, Bureau' of Transportation and (c) Mail. United States or foreign caps or clothing or must be prepared to International Services, Washington, D.C. transit airmail. exhibit their airline identification cards 20260, not less than 10 days prior to ef- § 531.3 Air carriers' responsibilities. on request of postal employees concerned. fective date. In the case of major sched- (2) When an air carrier discovers a ule changes, carriers are requested to (a) Fortransporting mail. Air carriers pouch damaged so that loss or depreda- give not less than 20 days notice in order are required to transport and transfer tion could result, the air carrier will turn that the Department may have suffilent mail as ordered on dispatch documents in the pouch to the first possible postal time to process these schedule changes. and related coding on pouch labels. unit for -repouching and redispatch. The date of filing will be the date of re- (b) For giving mail priority. Air car- Form 2734, Airmail Exception Record, ceipt by the Air Transportation Branch. riers are required to give the following must accompany the damaged pouch to (iii) Air carriers shall distribute copies priority to mail: the postal unit. of proposed new schedules or changes to (1) From each point served, the (d) For cooperating with postal in- existing schedules as follows: normal mail load for each trip must be spectors. Postal inspectors are special (a) Two copies- to Air Transportation given, priority of transportation over all representatives of the Postmaster Gen- Branch. other traffic on each trip designated for eral All employees of air carriers en- (b) One copy to transportation divi- transportation of mail. - gaged in transportation of mail are re- sion in each region concerned. (2) The normal mail load for each trip quired to cooperate with and assist in- (e)States-Alaska and Intra-Alaska is determined, at the option of the air spectors in performing their duties which air carriers must send one copy to the Di- carrier, for each day of the week on (I) may include opening pouches and sacks rector, Transportation Division, Post Of- basis of the mail tendered to that trip and examining mail therein. fice Department, Post Office Box 9000, on the same day of the week for the 5 (e) For providing quarters. (1) At air Seattle, Wash. 98109. previous weeks or (ii) basis of the weight stops. When requested to do so by the (3) Designation of service. The trans- of mail tendered to the trip on Tuesday, -Department, air carriers must furnish portation division will advise the Air Wednesday, Thursday, and Friday of the adequate and suitable quarters at air Transportation Branch of all flights that preceding week. When a holiday occurs stops as necessary for the receipt, dis- are not needed for the transportation of on one of those days, substitute the same patch, distribution, and transfer of mail, mail. The Air Transportation Branch will

FEDERAL REGISTER, VOL. 32, NO. 143-WEDNESDAY, JULY 26, 1967 RULES AND REGULATIONS 10917

notify the air carriers of flights desig- (il) On receipt of mall from the local on its routes. When an Irregularity oc- nated for transportation of the mail. postal unit, air carrier will be respon- curs and Form 2734 is presented with the (h) For answering correspondence. sible for verifying (a) the piece count of mail by the delivering carrier, the re- Air carriers must answer promptly all mail with those related entries on the dis- ceiving carrier must verify mail with correspondence from officials of the post- patch list and Cb) that all of the mail is related Form 2734. al service. Correspondence concerning destined for points on his system, or is (c) After acceptance of transferred operation of the Alaskan airmail service coded for transfer at a point served by mail, if the trip of the receiving carrier must be channeled through the Regional his company. to which the mail was routed al) s de- Director, Post Office'Department, Seattle, __ (iiI) Mail received from mail messen- layed more than 1 hour, (2) is canceled, Wash. 98124. gers or vehicle service at airports with- or (3) for any other reason cannot pro- § 531.4 Flight operations. out a mall facility must correspond with vide the ordered service, the receiving mail listed on Form 2729; or air carriers carrier shall obtain new routing instruc- (a)Scheduled operations-Cl) Main- must make corrections. If pouches are tions from local postal personnel for taining schedules. Air carriers will oper- listed but not received, cross out individ- transferring the mail as required with ate designated flights as shown in filed ual listing, destination total, related trip Form 2734. schedules except where prevented from destination total, originating load total, (2) Failures to transfer. Postal per- doing so by weather or other causes be- interline total when interline routings sonnel shall prepare Form 2759, Report yond their control are involved, and document pound total of Irregular Handling of Airmail, to re- -(2) Off schedule operations. In the Insert correct adjacent totals. If mail is port failures to transfer mail to intended event of an operation other than as received, but not listed, insert weight of connections. All pertinent facts relating shown by published schedules, the car- each pouch in proper destination column to actual arrival and departure times rier will be responsible for notifying all and amend totals as instructed. In either of trips Involved must be shown. If the on-line postal units as soon as possible, event, note facts prominently on Form prescribed connection time was avail- except that advice need not be given of 2729 in any blank space. Advise messen- able and responsibility for failure to delays-of less than 30 minutes. - ger of any discrepancy. connect the mal cannot be conclusively (b) Originating sections, resumed (iv) In the Intra-Alaskan Service, established, fines may be assessed against flights, and delayed operations. Delayed Form 2713-A, Alaskan Airmail Dispatch both carriers for failure to cooperate in scheduled trips may operate with avail- Record, is used instead of Form 2729. At providing proper service. able mail from the initial terminal or In- non-post-office points on Alaskan routes (c) Delivery to postal representative. termediate points. When a scheduled where It has not been possible to arkange Upon arrival of the plane at the stop trip has been canceled at the initial for preparation of Form 2713-A, the air point air carrier representatives must terminal or at some intermediate point, carrier shall prepare Form 2713-A and immediately unload the mal and deliver a section may be originated at any inter-. make claim for service in the usual man- It to the authorized postal representative mediate point on the route. ner. at such point as may be designated. Max- (c) Omissions of service. If a scheduled (b) Direct transfer between planes-- imum unloading time may be specified stop will not be made by a trip, the air (1) Carrierresponsibility. Carriers must by the transportation division. carrier must immediately notify the local make transfers according to service (d) Disposition of mail-Canceled or postal representative. If service is to be ordered on Form 2729 by the dispatching irregular flights. (1) When a trip is to suspended for 1 week or more, the air postal unit and as shown on pouch labels. be canceled at the initial terminal or any carrier must immediately notify the Air To facilitate transfers, carriers are re- point en route, the air carrier must Transportation Branch, Bureau of sponsible for concluding mutually agree- promptly-hotify the local postal officials Transportation and International Serv- able local arrangements regarding point concerned. (Dispatch forms- covering ices, Washington, D.C. 20260; the direc- of exchange between carriers. These local mail not enplaned must be voided if no tors, transportation divisions, in the arrangements are subject to approval by mail is dispatched.) regions concerned; and the postal units the transportation division to assure that (2) Disposition of mail will be in ac- concerned. The same offices must be they are adequate for postal needs. In cordance with instructions of the local notified when service is to be resumed. addition, carriers shall comply with the postal unit. If unable to obtain instruc- (d) Emergency trips- and extra sec- following: tions, the air carrier will reroute the mail tions. Emergency trips and extra sec- (i) Arriving (delivering) carriers. (a) on the basis of the best available infor- tions operated by the air carrier may be mation. The air used for transportation All transfers are based on normal opera- carrier must observe of mail. It may current procedures in preparing neces- be placed on the plane at an unscheduled tions and under normal conditions, should sary forms to accomplish any rerouting stop when offered for dispatch by the be made as authorized. (b). When late, and to provide for the accounting adjust- local postal representative, except that the arriving carrier ments required. mail will not be accepted if the air carrier shall ascertain whether the intended is not authorized to serve that city. connection can be made. If the connec- (3) When necessary to transport mail (e) Holding orders.In unusual situation cannot be made, the arriving carrier to the local post office or railroad station, tions, the Domestic Transportation Divi- will obtain new routing instructions available regular scheduled trips of the sion, Bureau of Transportation and In- from local postal personnel; prepare mail inessenger or vehicle service may be ternational Services may require the Form 2734, Airmail Exception Record; used. Air carriers will not be reuired to holding of planes at junction points for verify mail with related entries on Form transport to the post office local destina- the connection of mail. If any air carrier 2734, and deliver the mail to an alternate tion mail received from trips operating desires to take exception to a holding carrier, or to a postal representative, as off schedule. However, air carriers are order, a complete statement giving the instructed. responsible for transporting to the post particulars will be submitted by the air (i) Departing (receiving) carriers. office or railroad station, as directed, carrier promptly to the Domestic Trans- (a) A departing carrier, due to receive local origin mail being returned or portation Division. transfer mail from an incoming carrier, through mail received from canceled shall inform his ramp personnel of any trips, mail dispatched to the airport for § 531.5 Hanling of mail. delays in .cheduled departure so that a trip that overfiles the local air stop, (a) Delivery to air carTiers-l) Au- scheduled transfers may be maintained and mail dispatched.to the airport for a thorized location. Mail for outgoing trips when the minimum transfer time is ,trip that is to overfly a schedule down- shall be delivered to the air carrier at the available regardless of arrival time of the line air stop. time and place authorized by the direc- incoming trip. (4) When irregular operations occur, tor, transportation division. (b) The receiving carrier must accept dispatch airmail to best advantage. If (2) Dispatch lists required. (I) The mail tendered by transfer up to the ac- two carrier routing has advantage over postal unit delivering mail to air carriers tual departure time of the intended flight, holding for single carrier, use the two shall prepare Form 2729, Airmail Dis- for loading when possible, or for further carrier dispatch. patch and Billing Record, showing weight disposition, unless the mall is not prop- (e) Refusals and removals of mail. of mail for each destination and list mail erly coded on pouch label or is not Refusals and removals of mail by air car- for off-line points of'transfer. routed for delivery or transfer at a point rier (except as provided in 531.32) may

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 NO. 14- 10918 RULES AND REGULATIONS

result in diversion of the mail to another States-Hawaii, States-Puerto Rico and be promptly reported on Form 2759, Re- air carrier and in fines. Intra- Puerto Rico-Virgin Islands air port of Irregular Handling of Airmail, by (f) Form 2734, Air. Mail Exceptior carriers must prepare and support air the postal employee who observes the Record. See § 533.2 of this chapter. transportation bills according to the irregularity or who is Informed of Irregu- (g) Postalrepresentatives. Postal rep- minimum requirements established by lar performance through receipt at a resentatives must see that (1) incoming the Bureau of Transportation and postal unit of the post office accounting mail is delivered within prescribed time International Services. copies of Form 2734, by the air carrier. and (2) scheduled transfers are made (b) Designated postal data centers. See § 533.7 of this chapter for types of, from and to schemed trips. (1) Domestic air carriers, other than as Irregularities that will be reported and § 531.6 Reports. provided in subparagraphs (2) and (3) of for instructions on preparation of the this paragraph will be paid for the car- form. (a) Refusal or removal report. When riage of domestia airmail by ,the postal (b) Deductions. Form 2734 provides an air carrier cannot accommodate all data centers as shown in this section. for the adjustment of compensation for mail offered for a trip or when mail al- The region number, regions served, and service ordered and paid for but not ready on board is removed, the carrier mailing addresses of the postal data cen- performed. must submit, within 5 days, "Form 2760, ters are: (c) Fines. Air carriers transporting Air Carrier's Reply-Refusal/Removal of PosTAL DATA CENTER, TRANSPORTATIONr CLAns mail must observe all applicable postal Airmail", in duplicate, to the transpor- SECTION, AND POST OMcZ DEPARTLMENT laws and all applicable regulations issued tation division involved. The report must by the Post Office Department. Air car- give reason for the refusal or removal. lIvon I legion Address riers may be subject to fines and deduc- Form 2760 must be completed in detail tions for failure to comply therewith. by the air carrier. (b) Irregularly handled mail report. § 531.9 Correspondence concerning air Boston-...... - 2NMainn' PostNew OfficeYork, Build-Nq.Y. service. Form 2734 properly completed and en- New dorsed by the air carrier, must be used Yor .. 10099. 3 Philadelphia-- Federal Annex Building, (a) Local. Correspondence on local to record any mail not handled by the 5 Washington~ tatG.335I operations of mutual concern shall be air carriers concerned in accordance with 6 A tlanta ...... A tn , G a. 30335. handled direct between the local carrier 4 Cincinnati----- the routing as originally planned. An ir- 7 Chicago -...... and local air stop postal unit heads or regular handling is termed as an off- 8 St. Louis - 55,MaiPost field service representatives. Matters loading short of or beyond the scheduled 109 WichitaM nneapolis ------.....---- OMe Buldinlg.ildl, . DallhsDallas, 0i h Tex. 75299. coming within the scope of § 531.92 shall destination, and the mail is forwarded 11 Dallas...... be referred to the transportation division. via another air carrier or turned in to 13 MAemphis...... (b) Regional. Correspondence to and the post office for redispatch, removals 14 Denver ...... from air carriers relating to policy, Post Offce Box 3700 en route, refusals after mail is accepted 15 Seatts ------San Francisco, Calif. schedules, operations, fining, quarters, by the air carrier, and transfers to an air mileageq and rates; irregularities 'and . carrier other than as ordered in dispatch changes in dispatch billing procedures forms. (2) Helicopter carrier bills will be and forms; omissions and failures of car- (c) Accident report. Air carriers must settled by the following postal data cen- riers to perform; division of mail; service make an Immediate telegraph or tele- ters: requirements, actions involving CAB phone report of any accident resulting Paying postal data center Carrier orders and rulings, first-class mail by in possible damage to or loss of mail. The Dallas ------. Chicago Helicopter air; and other matters of regional nature, report must be made to the transporta- Airw6ys. shall be conducted by the transportation tion division, in the region concerned. San. Francisco .. Lo Angeles Airways. division within the scope of regional dele- Mail should not be disturbed, except to San. Francisco ------San Francisco Heli- gations. Questions of Interregional Im- prevent further damage. It must be copter Airlines. pact or of departmental concern, as guarded until the arrival of a postal of- INew York ------. New" York Airways. specified elsewhere in the regulations, ficial. (3) Alaska, Hawaii, Puerto Rico, and will be forwarded to the Department for (d) Bomb aboard situations. Postal Virgin Islands air carriers will submit decision. units must immediately report bomb sit- Form 2703 and necessary supporting uations to the local postal inspector or documents for this service to the follow- PART 532-AIR STAR ROUTE Inspector in Charge and to the local di- ing designated division or postal data SERVICE rector, transportation division; make de- center: See. layed mail report, and complete Forms 532.1 Description, authority, and genoral. 2734 when necessary. Division or Center Route Carrier 532.2 Contracts. § 531.7 Submission of claims. No. 532.3 Protection of mall. 532.4 Reports and records. (a) Domestic-(I) Forms used. Air New York Postal 59 Caribbean Atlantic. AuTronrrr: carriers operating over domestic routes Data Center. The provisions of this Part 532 San Francisco Postal 33 Hawaiian. issued under 5 U.S.C. 301, 39 U.S.C. 501. shall use the- following forms, as re- Data Center. 99 Aloha. quired by the Bureau of Transporta- Seattle Transporta- 128 Alaska (Intra-Alaska). § 532.1 Description, authority, and gen- tion Division (for 138 Alaska (States- tion and International Services: Form administrative cx- Alaska). eral. 2703, Carrier's Claim for Airmail Trans- amination and for- 322 Alaska Coastal (Intra- portation; Form 2729, Airmail Dispatch warding to the San Alaska). (a) Description. Air star route service Francisco Postal 124 Cordova (intra- is established and operated under con- and Billing Record; Form 2734, Airmail Data Center for is- Alaska). - Exception Record; Form 2732, Monthly suing settlement 125 Ellis (Intra-Alaska). tracts awarded by the Postmaster Gen- Summary of Airmail Carried; and Form check). 141 Kodiak. eral for air transportation in areas where 126 Northern Con- such service Is in the public interest, and 2747, Air Carrier Statement of Settle- solidated (Intra- ment of Air Transportation Charges. Alaska). the nature of the terrain is such that 142 Pacific Northern surface transportation is impractical or Samples of these forms may be. obtained (Intra-Alaska). inadequate. This service may include from the Air Transportation Branch, 139 Pacific Northern any Bureau of Transportation and Interna- "" - (States-Alaska). or all classes of mail. 150 Pan American (States- (b) Authority. The Air Star Route tional Services. Alaska). 127 Reeve Aleutian (Intra- Law (49 U.S. Code, sec. 6303) authorizes' (2) Preparation of- bills. Separate Alaska). the Postmaster General to contract for Forms 2703 or bills shall be prepared for 143 Western Alaska (Intra- Alaska). this service after receiving proper certifi- each postal accounting period, or for 123 Wlen (Intra-Alaska). cate from the Civil Aeronautics Board. such lesser period as may be agreed to (c) General. (1) Upon receipt of a by an air carrier and the Air Transporta- § 531.8 Irregularities, deductions, and tion Branch, and must include all air- request from the Department for the mail transported during that period. fines. certification, the CAB is required to Trunkline, local service, helicopter, (a) Irregularities. Irregular handling promptly publish in the FEDEIAL REGIS- Intra- and States-Alaska, Intra- and of mail by'airline carrier personnel shall TER, and to send to such persons as the FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 RULES AND REGULATIONS 10919

Board may by regulation determine. a (8) Air star route contractors, except § 532.4 Reports ana records. notice describing the proposed air star in Alaska, will be required to comply Postmasters at terminal points must route. The CAB shall afford interested with such economic regulations as may maintain such records and submit such persons a reasonable opportunity to sub- be prescribed from time to time by the reports as may be directed by the trans- mit written data, views, or arguments, CAB. portation division director. with or without opportunity to present (9) Contracts will comply with all the same orally or in any manner. provisions of Executive Order No. 10925 (2) Contractors for service awarded of March 5, 1961, and of the rules, regu- PART 533-FORMS AND PROCE- under an air star route contract will be lations, and relevant orders of the Presi- DURES FOR DISPATCHING AIRMAIL required to provide fully adequate and dent's Committee on Equal Employment Sec. suitable aircraft for the carriage of the Opportunity. 533.1 Form 2729, Airm al Dispatch and Bim- mail and to transport the whole of said § 532.2 Contracts. ing Record. mail, whatever may be its size, weight, or 533.2 Form 2734. Airmail Exception Record. increase during the terms of the con- (a) Obtaining bids-C1) Advertise- 533.3 Form 2713-A, Alaskan Ai-mall Ds- tract, with ments. After obtaining a certification patch Record. celerity, certainty, and secur- 533.4 Form 2713-B, Alankan Airmail Trans- ity on each and every trip as required from the CAB that the proposed route fer and Exception Recoird. by the advertisement. Contractors may does not conflict with the development 533.5 Resezved] be required to convey without extra of air transportation, an advertisement 533.6 Form 2753-a. Mail Delivery Recelpt. charge (i) all post office blanks, mail Is Issued by- the Department inviting 533.7 Form 2759, Report of Iregular Han- bags, locks and keys and other postal proposals for air transportation of mail dltng of Airmail. supplies that maybe offered to them, and between the points and on the terms 533.8 ApplicabUlty of forms and procedures. (ii) postal inspectors and other agents stated. Copies of the advertisement are 533.9 Airmail and first-class mal. forms, and offiqials of the Department, on regu- furnished to postmasters for posting at titles and sources of supply. lax scheduled trips on which mail is terminal offices. A uroz : The provisons of this Part handled and between the points specified (2) Requirements of bidders. Bidders 533 lnued under 5 U.S.C. 301, 39 US.C. 501. in the official statement of the route, must meet the following requirements: § 533.1 Form 2729, Airmail Dispatch when the space or weight limits of the (I) Eligibility. (a) No proposal for a and Billing Record. plane pernits. contract for air star route service shall (3) The acceptance of a bid and the be considered unless the bidder Is a (a) Description. Form 2729 covers ir- execution of a contract for the perform- resident of, or Is qualified to do business mal dispatched to all domestic air car- ance of air star route service does not as a common carrier by air, In a State riers operating within and between the authorize the contractor or carrier to within which one or more points to be 50 United States, Puerto Rico, and the engage in the transpdrtation of persons served under the proposed contract are Virgin Islands, and to Canada. See or property, for compensation, between located. The term "State" as used here § 533.3(a) for exception. It Is the basic the points or over the route described in includes the several States, and the Dls- document from which payments to the the contract without compliance with trlct of Columbia. original nnd interline air carriers are applicable Federal and State statutes (b) Only bidders holding an appro- computed. See § 533.9 for supply. and with applicable rules and regula- priate operating certificate Issued by the (b) Preparation. (See Exhibit in this tions of the FAA and of the CAB. FAA will be considered for award of a paragraph) (4) Bidders for proposed air star contract for air star route service. (1) Who prepares. The form is pre- routes and their sureties will acquaint (c) For further eligibility require- pared in four-part sets by the designated themselves with Federal laws relating ments, see § 521.3(c) (2) (i) of this chap- clerk at'the airport mal facility or, at to contracts for carrying the mail. ter. nonairport mal facility points, by the (5) All accepted bidders under an (i) Bonds. See § 521.3(c) Cb) (i1) of dispatching clerk At the post office. advertisement for air star routes will be this chapter. (2) Heading form---i) Origin code. required to execute contracts with (3) Obtaining proposal forms. See Enter the official airline code of the air- sureties acceptable to the Department, § 521.3(c) (5) of this chapter. port from which the mail Is due to be A list of acceptable surety companies is (4) Submitting bids. See § 521.3(c) (6) dispatched. When more than one postal shown in § 521.3 (c) (2) of this chapter. of this chapter. unit prepares Form 27l29 for dispatch (6) Contracts must be executed and (b) Award of contract. See § 521.3(d) through the same airport, refer to Of- filed in the Department within 60 days of this chapter. ficlal Airmail Index for airport codes to from the date of acceptance of the bid, beusedby each office. (c)Application of contract regula- (11) Route number. Enter the route otherwise the accepted bidder may be tions. If there is no conflict, all laws considered as having failed. The Depart- and number of the air carrier to which the regulations governing surface star routes malls dispatched. ment reserves the right to (I) suspend the in general apply to contracts made un- award of contract on any route for a (I1) Trip number. Enter the trip der the air star route law. number of actual dispatch. period not exceeding 60 days from the (d) date of the expiration of the advertise- Payments. See I 521.3(h) of this (iv) Scheduled trip date, Enter the ment and allow a corresponding exten- chapter. _ scheduled date of origin of the trip. sion of time for the execution of the (e)Cancellation of air star route con- (v) Today's date. Enter the date on contract, and (ii) to rescind the accept- tract.A contract shall be canceled by the which the trip of dispatch is scheduled ance of a proposal at any time before Post Office Department upon the issu- to depart from the airport. the signing of the formal-contract on ance by the CAB of an authorization to (vi) Scheduled departure time. Using behalf of the United States without al- any air carrier to engage in the trans- 24-hour clock, enter time the trip of dis- lowing indemnity. portation of mail by aricraft between any patch is scheduled to depart your airport. (7) Where there is rail service or of the points named in the air star route (3) Recording dispatches-l) Under good highway facilities, or a combina- contract. destination. (a) Using the States dis- tion of both, generally an air star route (f) Revocation of FAA certificate. If atch scheme and other applicable could not be justified. However, prospec- a contractor for an air star route should pouching Instructions, enter in code tive applicants for air star routes should haie his operating certificate revoked, the final airline destination of the communicate with the Regional Direc- the air star route contract shall become dispatches. tor, Post Office Department, of the postal null and void effective with the date of (b) Show each destination in station region in which the proposed route is loss of such certificate, without payment order of removal from the original trip located. When the official approves the of any indemnity. of dispatch. Listing from left to right, application and forwards an appropriate § 532.3 Protection of mail. use a separate block for each destination. recommendation to the Bureau of When volume justifies, bulk list mail to Transportation and International Serv- The contractor Is required to take all common destinations. ices, necessary certification by. the CAB necessary steps to protect the mall in Cc) Enter, under the proper destina- will be requested If approved by that accordance with the terms of the ad- tion, mall labeled to that point, mail Bureau. vertisement. scheduled to continue from that point by FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 10920 RULES AND REGULATIONS surface transportation, and mail for traline transfer point, and the interline 2729 will not total the "dest.", "originat- another air carrier when the transfer is .transfer point, plus the route and trip to be effected ing load," and "total mail" columns if through the airport mail numbers of the second air carrier. the mail messenger facility. Use individual actual weights or motor vehicle serv- (3) Routing involving two interline ice driver picks up additional mail at indicated on the labels of pouches, sacks, transfers after air carrier of initial dis- and outside parcels the railroad station or other postal unit unless permission patch. Enter the destination and the In- en route to the airport. has been granted to bulk weigh mail on On arrival at the terline transfer point, plus the route and airport, the mail must be weighed and platform scales direct to the air carrier, trip number of the second air carrier. or where proper entry must be made on Form 2729 bulk entries are to be listed (for (b) In Section 2-(1) Routing. Enter by the messenger. example, the recording on the form of the route and flight number of the air a consolidated (vi) In the "mail ready" space, enter entry of an accumulation carrier to which the mail is to be trans- the time of pieces listed on preliminary work at which the mail and forms are ferred. ready for delivery to the air carrier at sheets). Where bulk weighing has been (2) Tr. pt. Enter the code of the air- approved the airport. At nonairport mail facility or where bulk entries are listed, port at which the interline connection points, It is necessary only that the "total" this time nust be entered by the is to be made,. mail messenger or vehicle service driver. pieces and weight be entered in the space (3) Carrier dest. Enter off-loading provided at the The messenger or driver must obtain the bottom of the respec- point, either for delivery to post office or signature of tive destination column. Do not identify the receiving air carrier rep- for transfer to another carrier. resentative at the time the mail is de- pouches, sacks, outside parcels, or regis- (4) 1. Enter X to identify mail mov- ter as such on livered. this form. ing over an authorized interchange trip. (vii) If the (rl) On-line. Use only sections 1 and volume of mall is too largo (5) Pieces and weight. Enter the mall to be listed on one Form 2729, use a new 3 of the form when making the following by totals (obtained from sec. 1 of Form dispatches: numbered form, line through but do not 2729) for each of the destinations in- obliterate the printed number, and write (a) Stations served by trip of dis- volved. patch. Enter only the destination. In the serial number of the first form. (6) Interline total. Total pieces and Number the sets consecutively, Identify- (b) Stations served by the air car- weight columns- rier of dispatch but not ing the last by adding X after the num- by the trip of (4) Completing the form. (I) Total ber. dispatch. Enter the destination and the the pieces and weights for each destina- first transfer (viii) Add the weights of "total mail" point. tion column. to "interline (iII) Interline and interchange.Inter- total" and enter "document (ii) Total the subtotals for all columns, pound" total In space provided. This line dispatches will be entered in sections and enter in the "total mail" space. 1 and 2 of the form for the following dis- total must be correct as it Is used as a (III) Recap all coluffins under -the control total for processing punch cards patches: actual destinations served by the trip of for (a) In Section 1. (1) Routing involv- pay purposes. dispatch. Enter each airport served, with - (ix) Sign Form 2729 in space provided ing connection to a trip of another air the appropriate total, in section 3. carrier. Enter the destination and the for POD representative's signature, (iv) Total the "originating load" col- (5) Corrections Interline transfer point, plus the route umn, and verify against the previously to Form 2729. Make and trip numbers of the second air car- entered "total mail." If more than one corrections to Form 2729 before separat- rier. This applies also to interchange form has been used, the "originating ing and distributing the four parts of the trips. load and total mail" entries must ap- form. Postal or air carrier personnel shall (2) Routing via two trips of initial pear on the final form. not make corrections on any part of Form air carrier, plus trip of another air car- I (v) At nonairport mail facility points, 2729 after it has been separated and rier. Enter the destination, the first in- the post office employeds preparing Form distributed. S..o1 No.2 ".$1.t H.. 2

*When irellainaty work sheetsare u;ed to scctmulate placesarA weight the bulk , entry .y€ be rcjtt4 and entored Pnly In the total boxes at til bottcn of th. VespectLve dost1vatlon col=.

FEDERAL REGISTER, VOL. 32, NO. 143-WEDNESDAY, JULY 26, 1967 RULES AND REGULATIONS 10921

(c) Distribution of copies. After ob- Branch and of foreign mall to Inter- carrier, no transfer point codes or route taining the aircarrier representative's national Services Division, Bureau of numbers will be used on the pouch and signature on Form 2729, separate copies Transportation and International Serv- sack labels or on Label 53 for outside and distribute as follows: ices. parcels. Example: Mail from Zanesvlle (1) P.O. "Accounting Copy 1. Arrange (2) American Airlines, Inc., and Pan 0., to AMP Cincinnati, 0. via 88-816: forms in'ascending serial number order American World Airways, Inc., have Pane!, or lack labe (smallest number on top) and send to agreed to equalize rates to lowest charges designated postal data center daily. In- in effect for airmail transported bqtween A31F 0iNOINNATI, 0. clude second and third copies of all forms Honolulu, on the one hand. and Boston. that have been voided, mutilated, etc. Chicago, Cleveland, Detroit, Hartford/ Fr Zanavfllo, 0. 1 Since these forms are serially-numbered, Springfield, New York/Newark. on the they must be accounted for. At nonair- other. Apply the following procedures for Outoile Parcel (Label 6M) port mail facility points, the first three airmail dispatched via this equalization copies of Form 2729 must accompany the agreement: TrP Connedion Billed to- Wt.. mail. After obtaining carrier's signature, (I) Enter complete interline routing the mail 'messenger or vehicle service on the pouch label or POD Label 53. (OVG)_. driver must return copy 1 to the post (U) Record pouches or outsides on 15s office. Form 2729 as an on-line dispatch. Show (3) For mail billed to an air stop point (2) CarrierBilling Copy 2 and Carrier no interline routing in section No. 2, other than the actual destination of the Station Copy 3. To local air carrier rep- Form 2729. pouch and sack labels or on Label 53 resentative. (ill) Report irregularities on Form for outside parcels, enter in code the (3) P.O. Station Copy 4. To dispatch- 2759 against the air carrier In possession point to which billed of Form 2729, in ing postal unit file. of the mail when irregularity occurred. (iv) The appropriate postal data cen- parentheses, on the same line after the (d) Departuretime. Postal units shall address on the pouch and sack label. spot check actual departure time against ter will pay entire transportation Enter in the "billed to" block on Label 2729 to "Mail Ready" time on Form charges, from origin to ultimate destina- 53 the code for the point to which billed assure that unreported delays are not tion, to the originating carrier. The on Form 2729. Use the same procedure as occurring. originating carrier will pay connecting that for pouch and sack labels for entry (e) Interchange trips. (1) Mail mov- carrier for the interline service. of transfer point and route number, if ing over more than one airmail route (g) Labeling pouches, sacks, and outsides. Pouches, sacks, and outside parcels required. Example: Mail from Cincin- on one aircraft must be properly identi- nati, 0., to Jamestown, ND. via-AM fied in section 2 of Form 2729. No termi- listed on Form 2729 must be identified so 8-422 transfer at ORD to 3-411, billed to is due at the interchange that airline and postal personnel han- nal charge AMF Minneapolis. point, as mail remains on board the air- dling the mail en route can provide the craft. To enable post office accounting transportation ordered by the dispatch- Pouch or Sack 14W personnel to properly-identify this mail, ing office. Before delivering the mail to dispatching postal clerks must insert an the air carrier, prepare the labels of JAMESTOWN, N.D. (MNSP) X in the I column of section 2, Form 2729, pouches and sacks to indicate final air- ORD 3-111 10 for the air carrier who is not due to re- line destination and the route over which Fr Cinclntn, 0. ceive a terminal charge. it is to travel. Attach Label 53, Airmail Parcel Routing Sticker, for each air par- (2) Iden'tify interchange trips on the oza* Parcel (Label M3 States dispatch schemes with an "INT"° cel dispatched outside. The information shown between the transfer point and on pouch and sack labels and Label 53 Tr Pt ConnctIon Billed to- WL the interchange route number. for outside parcels must coincide with (f) Equalizationsauthorized. (1) CAB the corresponding entries on Form 2729 ORD-ISP).... 5 Order No. E-21514, November 19, 1964, as follows: authorizes carriers -engaging in inter- (1) For mail billed to the final destina- state transportation and carriers- per- tion over the routes of two or more air (4) For outside air parcels due surface forming foreign transportation to equal- carriers, enter on pouch or sack label in transportation, employees at final air ize' rates for mail between an in- airline code the nterlini transfer points stop offices, shall, when instructed by the ternational exchange office and any and the route and trip numbers of the connecting air carrier at these points. director, transportation division, show foreign point to which such exchange proper surface routing. A line shall be office is authorized to dispatch mail. Mail Show this information in the left center drawn through the air coding on Label transported under an equalization agree- of the label between the destination and ment shall be recorded on Form 2942, from lines. Enter the same information 53. Below the deleted information enter AV-7 Delivery List, for both the inter- in the "Transfer point" and "connection" the name and number of the surface dis- state and foreign segments of the car- blocks on Label 53 for outside parcels. patch. Example: An outside air parcel riage. It will not be considered in the Example: Mail from Toledo to AMF from Chicago, Ill, to Portland, Maine, division of mail for interstate carriers. Houston Tex via AM 88 for transfer to due interline transfer at AMP Kennedy, Settlement of air transportation charges AM 1 at Detroit and AM 5 at Atlanta will billed to AMP Boston via 5-302 and due will be made to the carrier performing be labeled as follows: surface dispatch on Bangor & Boston the foreign segment of the haul. That" Pouch or Zaek laki Star Route Trip 55. carrier will then pay the interstate carrier. When irregularities occur involving dispatches exchanged with other coun- AMF HOUSTON TE". Tr Pt Connection BIl to-- Wt DTW I-S3ATL 5-U5, * 30 tries, give special attention to the prepa- Fr Toledo, Ohlio. ration of Form 2759. Since the mail from 6WC__32 (BGS . a domestic carrier's trip may consist of Vl B=n&'Zos SR Tr 5 (i) domestic destination airmail, (ii) air- Out te Pared (Label M5 mail for foreign points not subject to (5) Weigh each pouch, sack, and out- equalization agreements or (ill) airmail Tr0Pt Connection BMled to- W. side parcel. Record the weight on the for foreign points moving via equalized pouch and sack label (see example in agreements, show separate entries on DT.. ,3 Form 2759 for (i) domestic mail, and (i) ATL... -5 (HOU)... 15 subparagraph (1) of this paragraph), foreign mail. Show "complete" routing of on the Label 53 for outside parcels, and "all" foreign mail. This will enable the (Figure on the right of label repreunt weight ot pouch on the Form 2729 In even pounds. When . (or mck). transportation division, by making a weighing. Ignore fractions of a pound copy of Form 2759, to make a report of (2) 'For mail billed to the final des- of 8 ounces or less. Add I pound for domestic mail to Air Transportation tination over the routes of a single air fractions over 8 ounces.

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 10922 RULES AND REGULATIONS

EXAIMLE scheduled routing which was not com- (b) where part of mal is given to Weight shown pleted. If a transfer point shown on the another air carrier for transportationl Actual weight on label pouch label is overflown, the overflown to destination. 'rom 1 oz. to and including transfer point and the remaining trans- . (i) Overfly of transfer point to next 1 lb. 8 oz...... - lb. fer points, if any, must Over 1 lb. 8 oz. to and including be shown. air carrier destination. 21b. 8 oz ------2 lb. (b) Destination. Enter alphabetical (ii) Truck haul by air carrier-only code of actual destination. If the des- when mail is trucked to a point more dis- § 533.2 Form 2734, Airmail Exception tination is followed by a bracketed tant from the ultimate destination than Record. "billed" destination, then this should be the point from which trucked. (a) Description.Form 2734 provides a entered instead. Pouch labels with the (iv) Mail received -on Form 2942, AV- source of information on actual move- same destination and incompleted rout- 7 Delivery List, and requiring domestlo ment of airmail that does-not move via ing may be grouped in one entry. billing. the original schemed routing. It also pro- (iv) Amount of mail. The amount of (e) Irregularitiesthat do not require vides a means of making accounting ad- mail, pieces, and weight for a common preparation of Form 2734. (1) Part of justments since it serves (I) as the basis destination may be combined when they mail not boarded-forwarded to destina- for deduction of payment for scheduled have the same incompleted routing as tion by the air carrier which received and services not perfornied and (ii) as the shown on the labels. failed to board the mail. basis for payment for new services -(v) New routing. The air carrier des- (2) None of mail received from the ordered. Form 2734 is a five-part set. See tination is the city (alphabetical code) postal service boarded-returned to § 533.9 for supply. to which the air carrier shown in this postal unit with all copies of the Form (b) Preparation-(l) Who prepare. section is to carry the mail. likewise, the 2729. The postal unit will void all copies The delivering air carrier must prepare "route and trip number" to be Inserted of Form 2729. Form 2734 to cover irregularities outlined in this section are the airmail numerical (3) Carry by and/or overfly-returned in paragraph (d) of this section, except route number of the air carrier which is to destination by the air carrier which for a missed scheduled interline connec- to transport the mail and that air car- carried the mail by or overflew the des- tion, in which case the receiving air carrier's trip number. tination. rier will prepare the Form 2.734. The form (vi) Reason for preparation. Specific (4) Removed short of air carrier des- will be prepared in a few instances at boxes have been provided for nine of the tination-forwarded to destination by airport mail facilities, or post offices, most common reasons for preparing the air carrier which removed the mail when the air carrier fails in his responsi- Form 2734. Whenever the form is pre- short. bility. pared because of one of these nine basic (5) Missed a scheduled interline con- (2) Completion of form. Form 2734 reasons, the box opposite the reason for nection-rerouted to the same destina- must clearly describe transportation preparation must be checked. Explain tion via a different trip number of the originally designated by the dispatching other reasons not listed. same connecting air carrier as shown on postal unit but which was not performed. (vii) Signature. The iepresentative re- the pouch label. Form 2734 is always prepared at the city ceiving the mail, air carrier or postal, (6) Missed a scheduled Intraline con- where the first deviation in routing of the must sign the form, enter his code -and nection-rerouted to the same destina- mail is khown. General instructions for time received in space provided. tion via a different trip but on the same completion are printed on reverse of fifth (c) Distributionof Form 2734. Normal air carrier. copy of the form. In addition, the-follow- distribution of the five copies is printed (7) Boarded in error-returned or ing instructions must be followed: on each copy of the form. Copies 3 and 4, forwarded to destination by the air car- (i) Route numbers, city code, and form in all cases, must be given to the postal rier which boarded the mail In error. serial number. The first line directly unit for transmitting, with daily ship- (8) Cancellation of flight-all local under the printed name of the airline ment of Forms 2729, to the designated boarding mail returned to the postal indicates three things: postal data center. The only deviations service with the Form 2729. (a) Numerical airmail route number from this normal distribution are: (9) Mail does not agree with Form assigned to the air carrier by the U.S. (1) When the receiving and delivering 2729. At nonairport mail facility stations, Government. This number will be pre- air carrier are the same. Staple the re- the air carrier must make correction to printed on the form. ceiving and delivering air carriers' bill- all copies of Form 2729 as specified in (b) The three-letter alphabetical city ing copies together. § 531.5 (a) (2) of this chapter. code of the city at which the irregularity (2) When mail is delivered to the (f) Form 2734 for incomplete or in- occurs and where the form is prepared. postal service covered-by Form 2734. Re- correct labels. When no transfer in- This city code designator must be in- tain the second copy, and turn in all formation is shown on a pouch label and serted by the airline preparing the form. other copies to the postal unit. the carrier In possession of the mail does (c) The serial number of the form. (d) Irregularities requiring prepara- not serve the destination, or when the This number will be preprinted on the tion of Form 2734. See 9 533.7(c). pouch label is incorrect or incomplete, form and is provided to permit checking (1) The following irregularities must the air carrier will prepare Form 2734 differences between postal service and be reported on Form 2734 when mail in- and deliver it with the mail to the local air carrier records. The maximum num- volved is delivered to the Postal Service postal unit. The receiving postal unit ber of digits is five. at other than destination, or delivered will (1) verify that Form 2734 is noted to an air carrier not specified inthe "Incomplete" or "Incorrect" label (2) (ii) Route trip, and date. On the sec- remove label(s) and staple to all copies ond line are blocks for the airmail route original billing: -(i) Part of mail not boarded. of Form 2734 and (3) promptly send number and trip number of the air Form 2734 with label(s) attached to carrier from whose flight the mail cov- (ii) Carry by and/or overfly. local transportation division for correc- ered by the form was received. If mail (iII) Removed short of air carrier des- tive action and accounting adjustments. was not boarded, this Is the route and tination in error. (g) Review of Forms 2734. (1) Postal trip to which the mail was billed for dis- (iv) Missed a scheduled interline con- units shall carefully review all Forms patch. The date on which the flight, from nection. 2734 and, in questionable cases, shall which mail was received, was scheduled make prompt to originate will be indicated in the (v) Missed a scheduled intraline con- inquiry to determine that "scheduled origin nection. information on the form Is complete and date block." that instructions are being followed by (Il) Routing shown on pouch label- (vi) Mail boarded in error. (vii) Incomplete or incorrect labels. air carriers. (a) Transfer point and route number. (2) When reviewing Forms 2734 postal There may be two ormore transfer points (2) Additional irregularities requiring units shall note recurring irregularities, and two or more route numbers shown Form 2734 preparation are: such as missed connections, and report on a pouch label or an outside piece label. (i) Cancellation of flight- repetitive irregularities to their trans- Form 2734 is provided for the purpose of (a) where only part of mail is de- portation division. When reporting showing only that portion of the original livered to the postal service. missed connections, postal units shall

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 RULES AND REGULATIONS 10923 show origin of the mail, route and trip space. Advise messenger of any dis- any one air carrier, separate forms may numbers of delivering trip, and route crepancy. be prepared for each tour of duty. and trip number of the schemed con- (iv) Mak all corrections to Form (2) When delivering airmail or first- nection. 2713-A before the carbon paper has been class mail to airport mall facilities, air removed. carrier personnel will enter appropriate §533.3 Form 2713-A, Alaskan Airmail (v) After corrections have been made, information in each column of Form Dispatch Record. sign and dispose of form as indicated In 2753-A and initial. (a) Description. Form 2713-A is used this paragraph. (3) Receiving unit postal personnel at most postal units served by intra- (e) Postal unit file copies. When the must examine labels to be sure that the Alaska air carriers for recording the dis- messenger returns copy 3 to the postal mall delivered by the air carrier is ad- patch of mail (See § 531.7(b) (3) of this unit, that office shall file the copy by dressed or coded for delivery to the re- chapter. See also § 533.9 for supply.) date order for future reference. ceiving unit. (b) Preparation. Postal clerks at air f) Canceled flights. When a flight is (c)Review. The- receiving clerk on stop post offices shall prepare Form canceled after mail and related Form each tour shall review the time shown 2713-A in three-part sets, as follows: 2713-A have been delivered to the air under Form 2753-A headings "Arrival (1) Route number. Enter the route carrier, the mall and all three copies of Time of Trip" and 'Mail to AMP" to as- number' of the air carrier to which the Form 2713-A will be returned to the sure that air carriers are observing the mail is to be dispatched1 post office. The post office shall then local delivery time limit and prepare (2) Trip number.Enter the number of destroy copies 1 and 2 of Form 2713-A, Form 2759 when required. the carrier's trip or flight as shown in note copy 3 to show flight canceled, and d) Distribution. (I) Deliver original the schedule designated for airmail file. of Form 2753-A to air carrier. (2) Send first copy to your local trans- transportation. 533.4 Form 2713-B, Alaska Airmail (3) Carrier.Use the letter code of the § portation division. alrline1 Transfer and Exception Record. (3) File second copy. (4) From post ofice at. Use the alpha- (a) Description. Form 2713-B is used for a transfer and exception record in § 533.7 Form 2759, Report of Irregu- betical code of the airport serving your lar Handling of Airmail. office. (For, proper three-letter code, see the AlaskA air service. It is an account- Airmail Scheme.) ing document and is printed in four (a) Description.Form 2759 is used as (5) 'Month, day, year. Enter the date parts with carbon paper interleaved. See a basis for brief against an air carrier mail is given to air carrier. § 533.9 for supply. for Irregular handling. It is a four part (6) Time. Enter time when mail was (b) Preparation--l) Who prepares. set. See § 533.9 foi supply. delivered to carrier representative. The delivering air carrier must prepare (b) Preparation. Postal employees (7) Mail for unloading at. Enter the Form 2713-B for all transfers, both intra- must prepare Form 2759, immediately to codes of air stops which are served by the line and interline, and for all irregulari- report any air carrier irregularities in trip to which mail is dispatched. Enter ties. The form will be prepared at trans- handling mail or mail equipment, In- 1 only those Points designated for service. -fer or irregularity point. In limited cluding weather damage due to negli- (8) Pieces. Enter the total number of Instances, the form will be prepared by gence on the part of the carrier, or other pouches, sacks, and outside parcels for postal personnel when the air carrier irregularity requiring remedial action. each destination.. fails to do so. When mail Is damaged by inclement (9) Weight. Enter the total weight of (2) Irregularities requiring Form. weather,. report only those bags and pouches, sacks, and outside parcels for 2713-B. () Carry by and/or overfly and outside pieces actually wet or otherwise each destination. mail delivered to postal unit other than damaged. Do not prepare forms to cover (10) Totals. Add number of pieces and billed destination. Irregular receipt due to weather condi- enter total under pieces column; add (ii) Removed in error short of destinations. Furnish all data required. If ac- weights and enter total -in the weight tion and turned over to postal unit. curacy or completeness of the facts are column. Verify total pieces with mail (III) For any mall not boarded as dis- uncertain, get additional information count. - patched on Form 2713-A. from the local representative of the car- (11) Postmaster.The postmaster shall Civ) For all mall boarded from possible rier Involved. Specific information re- sign form in space provided, or when stockpile of carrier. quired on Form 2759 for certain irregu- postmaster is not available, the postal (v) For all mail boarded at non-post- larites is included with the description clerk shall sign the postmaster's name, office air stop unaccompanied by Form of that irregularity In paragraphCc) of and initial. 2713-A. this section. (c) Delivering mail and Form 2713-A (3) Distribution. Distribute copies of (c) Airmail irregularities. Following to air carrier.The dispatching clerk shall Form 2713-B as indicated on each copy. is a classification and description of air deliver mail and all three copies of Form When mail is delivered to a postal unit, mail Irregularities: 2713-A, with carbon paper in place, to other than destination of the mall, Copy (1)Carry-by. When a pouch is trans- the messenger for delivery to the airport. 1, 3, and 4 will be retained by the postal ported past Its destination on a trip, (d) Veriftcation and correction by air unit for forwardinu daily or on next classify as a carry-by. This includes mall carrier representative. () The air car- flight to Director, Transportation Divi- transported past an intraline or interline rier representative will count pieces of slon, Post Office Department, Federal connection or ultimate point to which mail received from the messenger, com- Office Building, Post Office Box 9000, schemed. An overcarry on interchange pare with total shown on Form 2713-A, Seattle, Wash. 98109. trip for mail destined for the interchange and, if in agreement, sign form in the § 533.5 [Reserved] point, or connection mail due off at the space provided and add his airline's code. interchange -point, will be charged to Form 2753-A, Mall Delivery He will retain parts 1 and 2 and return § 533.6 arriving air carrier. part 3 to the messenger. Record. (2)" When not in agreement, the car- (2) Failed to load. Generally refers to (a) Description. Form 2753-A is a postal ier will process as follows: airmail received from the local record of mail delivered to airport mail few pouches. (i) If pouches are listed but not re- unit and involves only a facilities. Form 2753-A is not used for to load mail are (i)failure of an ceived, cro~s out the individual listing Failures all mail from the and grand total. Insert correct adjacent mail that is delivered with Form 2734. air carrier to pick up totals. (See § 533.2. See also § 533.9 for supply.) postal unit or (11) inadvertently failing picked up from the (ii) If mail is received but not listed,. (b) Preparation.(1) Airport mail fa- to board all marl postal unit on the trip of dispatch. insert weight of each pouch on the proper cility personnel will complete heading (3) Failure to unload. This is rare destination line and amend totals. in set of Form 2753-A, original and two (iii) In either event, note facts promi- instance of air carrier failing to remove to record nently on Form 2713-A in any. blank copies, for each air carrier airmail from aircraft which is lying the delivery of mail. If an exceptionally over, or is being sent to hangar for serv- I Note: See Official Airmail Index. large number of trips are involved for ice or repairs.

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967

! 10924 RULES AND REGULATIONS

car- this chapter, and the carrier is re- forward them to the local transportation (4) Loaded'in error.When an air third copy in files. rier receives and boards airmail dis- sponsible for the irregularity. This division. Retain patched to another carrier or receives review will eliminate Forms 2759 which g 533.8 Applicability of forms and pro- airmail for two or more trips at one time are not chargeable to a carrier, such a& cedures. in the delivery of mail and boards some of It on a trip other Infrequent delays (a) Airmail. Forms and procedures than trip of dispatch. When preparing to the postal unit, overcarry due to weather, mechanical failure, or mis- described in this part are applicable to Form 2759 for loaded in error, the postal all domestic air carriers on all their employee will, before distributing copies handling caused by improper routings or labels. routes within and between the fifty of the form, request verification of the United States, Puerto Rico, and the Vir- classification from a representative of (e) Disibution-() Reports covering incidents chargeable to carrier.Dis- gin Islands (but not for mal originating the airline responsible for handling mail. at or intended for destinations beyond). The coding shown on the related pouch tribute copies of Forms 2759, if possible, in no case (b) Emergencj first-class mail by air. label should be reproduced on Form 2759. at the close of each tour and by air than once each 24 hours. In the dispatch of first-class mail (5) Removed in error.When airmail is less frequently under emergency conditions, use Form off-loaded short of destination. Send original and first copy to the transportation division having jurisdiction- 2729 endorsed "First-Class Mal." For- (6) Failure to transfer. Involves mail ward daily copies of Form 2729 to regu- not transferred between flights of the over the reporting unit, send second number copy to the local station manager of the lar postal data center for serial same air carrier or between flights of two check and sbsequent, transmittal to Dal- air carriers. When a receiving carrier carrier concerned, and retain third copy fails to complete a transfer by not board- in files. las Postal Data Center for settlement. (2) Reports covering incidents not ing an intraline or interline pouch, this § 533.9 Airmail and first-class mail by should be charged as a failure to transfer chargeable to carrier.Note on form "not chargeable to air carrier," staple origi- air forms, titles, and sources of sup- not as a failure to load. The actual arrival ply- time of the trip and actual departure nal, first and second copies together and time of the connecting flight must be shown on Form 2759. Form Title Prepared by Supplied by Stocked at (7) Delayed delivery. Instances when an air carrier exceeds time allowed for 2703 Carrier's Claim for Air Mail Trans- Alrcarrieraccounting.. Airearicr..... Air carrier accountln portation. office. delivery of incoming airmail. Arrival 2713 Dispatch Record of First-Class Mfall Initi y postal POD ...... Dallas Postal Data time of the flight and time that mail is by Air. unit and completed Center. unit must be by carer. delivered to the postal 2713-A Alaskan Airmail Dispatch Recerd. Postal un-t -...... - Scattlo Post Office. shown on Form 2759. 2713-B AlaskanAirmailTransferandExcep- Aircarrier . Aircarrier.. Air carrier. (I) The time of delivery by an air tion Record. 2713-S Dispatch RecordofFirst-Class all Postalunitfor master POD ...... POD stlpplycentrs. carrier representative is the time he ap- by Air (Sample). sheets. pears at the postal unit ready to deliver 2718 First-Class Mail by Air Exception Air carrier------Air carr.... All stations served. Record. the mail. If congestion or multiple oper- 2718-S First-Class Mail by Air Exception Postal unit for POD ...... - POD supply ecaters. ation prevent the air carrier representa- Record (Sample). training. the mail, no brief 2729 Airmail Dispatch and Billing Record- Postal unit ...... do ...... Postal Data Centers.* tive from delivering 2729-S Airmail Dispatch and Billing Record. Postal unit for master ..... do ...... POD supply centers. will be made. (Sample). sheets. (i) When a carrier must make 2734 Arman Exceptirn Record------Air carrier...-...... Air carrier..... All statlons served, 2747 Air Carrier Statement of Settlement Air carrieraccounting -.... do- ...... Air carrier accounting. several trips between the aircraft and of Air Transportatlon Charges. the postal unit because of volume, de- 2753-A Mail Delivery Record ------Air carrier------POD- ..... POD supply center, 2759 Report of IrregularHandling of Air- Postal unit------do ...... POD supply centers. livery time will be arrival of the first mail trip, except when there is extended delay 2760 Air Carrier'sReply-RefusalRemoval Air carrier..------Air carrier. Air carrier statlons. between the first and final delivery. of Airmail. (8) Failure to notify. Whenever an air carrier fails to notify the postal unit *Postal units should order replenishment supply in, adequate time to receive them by surface transportation. Postal Data Center should see that Forms 2729 are transported via the most economical inean, conferring with of off-schedule operations in excess of Transportation Divisions for advice when necessary. 30 minutes, cancellations, emergency changes in schedules, and failure to fol- PART 534-FIRST-CLASS MAIL (c) All other sealed official U.S. Gov- low instructions from postal unit re- letter-size mail except volume garding disposition of mail, classify it (FCM) BY AIR ernment Sec. shipments on which It is known, or can as failure to notify. the mailer does not ex- (9) Refusal/removal. When an air 534.1 Definition. be determined, tendered 534.2 Authority, rates, and service. pect air service. carrier refuses to board airmail for FCM Program. Inbound military official mail and This 534.3 Responsibility (d) or offered, charge as a refusal. 534.4 Forms and procedures for dispatching FCM (personal) from APO I and FPO I includes transfer mail not boarded due ancireceiving Frcm. in airlift an units may be properly included to space or weight problems. When 534.5 Settlement -f air transportation dispatches over all authorized segments. air carrier deliberately unloads airmail changes for FCM. short of destination because of weight 534.6 Reporting and processing FCM Irreg- §534.2 Authority, rates, and service. ularitles. or space limitations, a removal brief must (al Civil Aeronautics Board. The CAB be prepared. AiaTnoRIr: The provisions of this Part establishes the rates to be paid air car- (10) Damage to mail or equipment. 534 Issued under 5 U.S.C. 301, 39 U.S.C. 501. riers for the transportation of FCM. Any damage to airmail or equipment, 534.1 Definition. (b)Post Office Departmefl;-(Q) Au- either by physical force or by weather, § The term "first-class mail by air" thorizations.Authorizations for dispatch should be charged as damage. If damage (FC ) is used to describe first-class of FCM are made by the Bureau of improper packing, prepare was due to Ser- Form 3823. mail, other than airmail and air parcel Transportation and International Other. Will include failure to which is authorized for transporta- Ices. (11) post, Trunk- protect, lost on roadway, lost on ramp, tion by aircraft between designated (2 Interline transfers-() failure to cooperate, and airmail left points on a space-available, nonpriority line anr cargo air carriers. (a) FCM unattended. is: will not be tendered by any postal unit basis. The mail to beincluded i~~f an intermediate transfer to another (d) Review. Following preparation of (a) All mail paid at first-class rate, air carrier would be required to provido Form 2759, the unit supervisor must including business reply mail, APO' and. review promptly to see that all perti- FF0 'mail. -Authorized airlift of "SAM" letters and nent information relating to the mis- (b) All official U.S. Government mal cards have been established over designated handling is shown, the irregularity endorse "first class," including APO 'and, domestic segments. See § 127.1 (o) (1) of this is classified according to § 531.7(c) of FPO mail. chapter for overseas handling.

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 RULES AND REGULATIONS 10925

transportation to the intended destina- apply. In these circumstances, the FCM (if) All FCM cannot be handled inter- tion unless such interline transfers have will be divided among those carriers hav- changeably at different airports to equal been mutually agreed to by the carriers ing service scheduled to depart within 90 advantage. The director, transportation minutes following the period of no division, of the receiving region will de- involved(b) Single and the Department. carrier service between any service. termine what arrangements may be nec- autholi ed points is believed inadequate, (M) The regular Origin and Destina- essary to assure receipt at the most ad- and an interline transfer of value is tion Schedules will be used to determine vantageous airport. (Example: the dis- available, the transportation division in the availability of scheduled service. In patch of pouches of New Jersey FCM the dispatching region will request the the event an air carrier desires to have labeled to "Newark, N.J., is" may not Air Transportation Branch to consider other schedules included (eg., trips In- be desired to Kennedy or La Guardia the possibility of arranging with the volving an ntraline transfer or multiple airports when following service is avail- carriers involved for establishment of stops), this information must be sub- able to the Newark airport.) such a mutually agreeable interline mitted to the director, transportation di- (lv) Stockpiling FCM. Postal units transfer. vision, having jurisdiction, with copies will make local arrangements with air (c) Full particulars will be furnished to the competitive carriers. Schedules of carriers for stockpiling FCOM when it is . to all concerned by the Air Transporta- this type will be included with those In mutually advantageous and agreeable. tion Branch whenever interline transfers the Origin and Destination Schedules by Air carriers shall not be required to ac- are agreedupon. - the director, transportation division, In cept FCM for protection and storage (d) Through interchange flights, oper- determining the proper allocations of pending shipment, but may elect to do ated by two or more carriers, shall not be FCM. Although it will not be necessary so if tendered by the postal service. considered as interline transfers. for these schedules to be published in the §534.3 Responsibility for FC( Pro- (e) See § 534.3 (a) (4) (ii) for instruc- Origin and Destination Schedules, they gram. tions concerning transfers to another air may, if desired, be included by preceding carrier which may be directed when the listing with an ampersand C&). (a) Air carriers-() Transportation mail has beenirregularly handled. (e) An air carrier can participate in a on space-availabebasis. Air carriers will (i) Local service air carriers. No in- division of FCAl on only those days when transport FCM on a voluntary, space- terline transfers in ordinary circum- there is scheduled service by that carrier available basis to the destination shown stances are authorized between local within the specified 4-hour period. on the dispatch record and pouch label service air carriers or between trunkline (f) When one air carrier has service The CAB order prescribes that -no air and local service air carriers. See § 534.3' arriving in time for connection to a letter carrier shall transport FCM if such (a) (4) (ii) (b) and (c) concerning per- carrier delivery trip not provided by transportation impedes the carriage of missible interline transfers between any competing carriers, the division shall be priority airmail, passengers, passenger d6mestic air carriers when service has accomplished by dispatch of the city baggage, air parcel post, air express, or been interrupted. pouchbs to that carrier. Usually,-the dis- regular air freight, except that FCM (c) Division of FCM-() When to patch of city pouches by one carrier and which has been loaded in the aircraft make. When two or more authorized car- the dispatch of AAF or Dis pouches by need not be removed to permit carriage riers operate between the same pair 6f another carrier, or carriers, will accom- of regutlar air freight received thereafter points, and the criteria shown in sub- plish an equitable division. When the or received at an intermediate point. The paragraph (2) of this paragraph exists, routing of city mail by one carrier, or to movement of FM by air shall have the FC - shall be divided on an equitable one airport in multiple airport situations, priority over the movement of deferred basis by the dispatching unit with due is advantageous to the postal service, no air freight. consideration to the availability of space division will bd made of the city mail (2) Notification to postal units. The and the needs of the postal service. even though this results in an unequal local postal unit must be promptly in- (2) Criteriafor division--i) Volume. tender to one carrier. formed of any delay or inability to trans- (a) The total volume of F1M for each (g) An air carrier participating in a port mail which has been tendered in separate destination point, arriving at division of FCM having knowledge that order that consideration may be given to the airport of dispatch via each vehicle he will be unable to transport such mail utilization of any alternate routings service (VS) or mail messenger (MM) within the specified 4-hour period is re- which may be available to move the truck, will be considered in the division. quired to notify the local postal unit be- mail. An air carrier which has carried (b) No division will be warranted un- fore the division is made. Observance of FCM beyond, or off-loaded short of, the less 200 or more pounds are available for this requirement will permit equitable billed destination must also promptly dispatch. However, the local postal unit division between carriers without loss of notify the postal unit at the point where will endeavor to assign the shipments space availability. FC1l Is on hand and receive instructions alternately to the available carriers hav- (h) Adjustments in each separate di- as to the best disposition to be made of ing space to prevent one carrier con- vision will be made when there are air the mail. sistently receiving less than division lots. carrier schedule changes involving es- (3) Dispatch. within 4 hours-trunk- (ii) Air carrierschedules. (a) Carriers tablishment, revision, or elimination of line and cargo air carriers.In the event eligible to, participate in a division of particular flights which warrant such any or all of the FCM has not been dis- FM arriving at an airport by each'VS action. patched by a trunkline or cargo air car- or MM are those which have any sched- (ii) Multiple airport cities-(a) At rier within 4 hours after receipt at the uled service to the destination city within origin point. The division will be deter- initial point (or 4 hours after anticipated a 4-hour period thereafter, regardless of mined separately at each airport In- dispatch In the event of early receipt arrivaLtime - volved. for preloading on a flight where avail- (b) Generally, at major points, this (b) At destination point. (i) FCMl for able space is anticipated), the carrier 4-hour period will commence no later a destination point which is a multiple shall notify the postal unit. On instruc- than 60 minutes after arrival at the air- tions from the postal unit, the FCM airport city will be considered as a single shall be (i) returned by the carrier to port of the VS or AM trip. At smaller total and those carriers with any service stations, the time period may commence the custody of the postal service at the on arrival of the surface scheduled during the specified 4-hour place where the initial delivery was- immediately -made, (1i) delivered at the holding car- connection-at the airport. The director, period from the origin point to any, one of the destination airports shall partici- rier's facilities at the airport of dispatch transportation division, of the region to another designated carrier which has having jurisdiction of the dispatching pate in the division. In the event the -postal unit will establish the appropriate space available and which will pick up receiving region desires routing to a the mail within a reasonable time, or time period which will apply at that particular airport, as described in subpoint and notify all concerned. CIl) held for an additional period if ac- division (i) of this section, an equal ceptable to the carrier. (c) Whenever FCM is available for dispatch, and no flights are scheduled to division will be made only to the extent (4) Requirements for transferof FCM. a destination during the next 4-hour possible while still providing service to (1) Carriers will make any necessary in- period, the usual division of FCM will not the airport specified. traline transfers to other trips of the

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 No. 143-4 10926 RULES AND REGULATIONS same carrier in order to provide trans- (7) Redispatching by air to the in- parting within a limited time bracket portation to the destination listed on the tended destination any FCM which is ir- which can be picked up at the same time, original dispatch record. Interline trans- regularly off-loaded and turned in to the (ill) Transfer point. Enter only intra- fers of FCM to another air carrier are postal unit: Provided, That onward air line transfer point for dispatches due not authorized In ordinary circum- dispatch is superior to available surface to be transferred to another trip of the stances. See subdivisions (ii) (b) and transportation. carrier of dispatch. (c) of this subparagraph concerning per- (c) Transportation division. The (iv) Pieces and pounds. Enter pouches missible interline transfers when service transportation division is-responsible for: and pounds under appropriate destina- has been interrupted. (1) Notifying postal unit concerning tion. Use one column only for .each des- (ii) Trunkline and cargo air carriers authorized dispatches, air carriers in- tination. If pouches cannot be Individ- will not be required to transfer FCM to volved,.and dates or other particulars of ually listed under one destination col- other carriers except: service. umn, accumulate pieces and weights on (a) When mutually agreeable trans- (2) Issuing appropriate instructions a scratch sheet and bulk list total pieces fers have been agreed upon. (b) (2) (i) (b) ; See § 534.2 concerning the labeling of pouches, mail and weights under appropriate destina- due dispatch, time of advantageous tie- tion. (b) When FCM is inadverteritly trans- outs, and other local arrangements or (v) Grand totals of pieces and pounds. ported to a destination other than that to requirements. Cross-add destination totals for pieces which due and the carrier does not have (3) Assuring that no improper diver- and pounds and enter In "Grand Total" service within 2 hours on which space sions of mail are made to FCM dispatches box. is available to the intended destination which have been authorized. (vi) Postal signature. The dispatch and another carrier can provide the (4) Evaluating promptly any FCM Ir- clerk will sign his name on the form, needed space with earlier arrival at regularities reported by dispatching or The minimum requirement for signature destination; receiving postal units on Form 2759. is first initial and last name. (c) When a carrier must unload FCM (5) Reporting to Air Transportation (3) Delivering first-class mail and at an intermediate point and has no serv- Branch any failure by air carriers to Form 2713. In delivering FCM and re- ice or space within 4 hours and another promptly correct unsatisfactory condi- lated Form 2713 to air carrier, observe carrier can provide the needed space with tions so that remedial action may be the following: earlier arrival at destination. taken. (i) Airport mail facilities. Air carrier (5) Delivery requirements. Priority in representative picking up the mail delivery, equivalent to airmail, § 534.4 Forms and procedures for dis- will: to the patching and receiving FC1. (a) Verify FCM with entries on Form destination postal unit cannot be re- 2713. quired. Delivery of FCM shall be made (a) Labeling and marketing-(1) FCM (b) Sign the form in space provided as soon as practicable and without un- pouches. The dispatching postal em- on left side of form and enter pickup warranted delay. ployee shall label FCM pouches with time. (6) Protection of mail. FCM must be regular surface labels and underscore (c) Remove Part 4 and leave at air- protected from the weather and possible, destination with a red line to identfy as port mail facility. Retain Parts 1, 2, and depredation and accorded the same care FCM dispatches. When dispatch is to a 3, with carbon paper interleaved, for and safeguards as is given regular air- postal unit that Is not an air stop point, completing when FCVIv Is boarded on a mail. enter on the label official code letters for trip. (7) Applicability of. Postal Manual the final air stop off-loading point. (ii) Air stop post offices. The dispatch- sections. The provisions of §§ 531.3(c) Bracket code letters. Show contents of ing clerk will retain Part 4 and give the and 531.5(a) (1) of this chapter (except pouch on descriptive line of label, e.g. FCM and Parts 1, 2, and 3 of related with respect to time), and §§ 533.5 and "fllinois." Enter weight on the label in Form 2713, intact, to the mail messenger 533.6 of this chapter (except with refer- the same manner as for airmail except or vehicle service driver for delivery ence to airmail forms), apply to the that weight need not be shown on the to air carrier representative at the air- handling of FCM by air carriers. individual labels where bulk weighing port for securing verification of piece (b) Postal units. Airport mail facili- has been authorized. Do not serial num- -count and completed forms. ties and air stop point post offices -are ber pouch labels. (4) Completion of form. The air car- responsible for: (2) First-class outsides. When it is rier will complete Form 2713 as follows: (1) Excluding from FCM dispatches not possible to enclose a first-class piece (1) Airport mail facilities. When FCM any nonmailable articles coming to their in a pouch or sack, use crayon or indelible Is boarded on one or more trips, air car- attention which are not acceptable for pencil to enter weight and FCM endorse- rier will complete Form 2713 by entering transportation by air. See Parts 124 and ment in large figures near address. When only the trip number or numbers board- 125 of this chapter for responsibility of the outside is billed to an airport not ing mail in space provided under each mailers and accepting clerks. located at city shown in address, also destination. If the FCM is not boarded (2) Utilizing such equipment and lock- prominently show the airport destination within 4-hour holding period, beginning ing devices as may be designated from code in brackets. at pickup time, air carrier must notify time to time for FCM dispatches. (b) Form 2713, Dispatch Record of postal unit and secure Instructions for First-ClassMail by Air-(l) Description. disposition of FCM. Air carrier repre- (3) Preparing regular surface labels Form 2713 is a four-part serially num- to Identify FCM dispatches, underscor- sentative will complete the certificate by bered snapout form for documenting the entering date, two letter airline code, and ing the destination postal unit with a red dispatch of first-class mail (FCM) to line and showing proper air stop point* signing. The certificate must be signed, domestic air carriers authorized to trans- The minimum requirement is first ini- coding to the destination airport. See port first-class mail. It is also a bill § 534.4(a). for tial and last name. When the form is air transportation charges and must be completed, (4) Assuring that mail messenger or the air carrier will separate accurate and complete. Parts 1, 2, and 3, retain Parts 2 and 3 and vehicle service, as necessary, is provided (2) Initial preparation.The dispatch- for delivery and receipt of FCM. return Part 1 to the postal unit as ing postal unit will show the following promptly as local conditions will permit. (5) Reporting irregularities in service on Form 2713: In no case will the transmittal be less to their director, transportation division, (i) Heading form. Enter origin code, frequent than once each 24 hours. In on Form 2759, Report of Irregular Han- date, route number, and mail ready these cases, air carrier must notify postal dling of Airmail, appropriately checked time. Show trip number in "Available unit by telephone of trips boarding FCIA to indicate FCM, for necessary action. For Trip No." box only when dispatches during each 4-hour holding period. (6) Attempting to have FOM which are made to local service carriers. (ii) Air stop post offces. As most FCM Is off-loaded short of, or carried beyond, (ii) Destinations. List first-class mail dispatches made by air stop post offices the intended destination continued on- pouches on 'one form for destinations are accommodated on trips connected by ward by air by means of transfer on served by a local service trip. List first- mail messenger (MM) or vehicle service Form 2718 to an air carrier having avail- class mail pouches on one form for-points (VS) driver, air carrier representative able service. See § 534.4(c). served by a trunkline carrier's trips de- will complete Form 2713 by (a) entering

FEDERAL REGISTER, VOL. 32, NO. 143-WEDNESDAY, JULY 26, 1967 RULES AND REGULATIONS 10927

the boarding trip number or numbers in tion charges which were ordered but used to report airmail irregularities, the space provided under each destina- not performed. check box "1st Class by Air" to assure tion, (b) dating certification, (c) enter- (2) Preparation. The delivering air proper evaluation of the report. ing two letter airline code, (M) signing. carrier (carrier In possession of F CM (2) Who prepares. Postal clerk who the form, (e) separating Parts 1, 2, and will, after receiving instructions from first handles FOM which obviously has 3 and (f) returning completed Part I the local postal unit, prepare Form 2718 been mishandled by an air carrier or who to the IM or VS driver for delivery to reporting the following situatlons: is informed of Irregular transfers or dispatching post office. When it is not (I) Part of FCOM returned to postal off-loadings by receipt In the postal unit possible to handle Forms 2713 in this unit at origin of FCMT. of Parts 1-and 2 of Form 2718, is re- manner, arrangements similar to those (I) FCA turned Into a postal unit at quired to prepare -Form 2759 report. in subdivision (i) of this-subparagraph an intermediate point. (3) FCM irregularitiesrequiring close will be made. (ill) All of FCM transferred to an- attentiom (1) Refusals/removals of (5) Review of form. The dispatching other carrier at origin point of FCM. FCM are not subject to the preparation transferred to postal unit will review Form 2713 as fol- (iv) Part of FCM of briefs and the impoition of fines another carrier at origin point of FOM under the space available provisions. lows: (v) FCM transferred to another car- () Part 4, Form 2713. Part 4 will al- However, remedial action may be re- rier at an intermediate point short of quired. Submit memorandum report ways be retained in the dispatching air- destination. port mail facility or air stop post office. with full particulars to enable the (3) Transferring or delivering FOM. director, transportation division, to take It will be used to (a) monitor the 4-hour When transferring or delivering FCM to holding rule, see § 534.3 (a) (c) and (b) such corrective action as may be neces- air carrier or postal unit observe the sary in situations of repetitive occur- see that completed Part 1 of the form Is following: returned. rences involving refusals and removals (1) When FCM Is being transferred to that impair the service accorded FCM Part 1, Form 2713. When the air (ii) another air carrier or delivered to the (2) of this paragraph. darrier returns Part 1, the dispatching See subparagraph local postal unit, the delivering carrier (if) Delayed delivery of FCM will be postal unit will review the form to as- ,will prepare and present all four parts sure that (a) it is fully completed. (b) reported when more than 1 hour from of Form 2718 to air carrier or postal unit time of arrival of trip elapses before no nonessential data, such as route num- with related FCM and obtain signature bers and dates, are shown in "Boarded delivery to AMF, MOS or VS driver. At to acknowledge receipt. the post office clerk on Trip Nos." block and (c) necessary (if) Distribution of parts of Form non-AMF points, signatures are in proper order. receiving the delayed F-CM from the 2718 by receiving carrier or postal unit, for pre- (iii) Completion of Part 4, Form 2713. MM or VS driver is responsible will be as follows: 2759 under such ,circum- The dispatching postal unit will, follow- paring Form (a) When FCM is transferred to an- stances. ing review of Part 1, enter trip number other air carrier, send: or numbers boarding the FCM on Part 4 (1) Parts 1 and 2 to local postal unit (ill) Damage to FCM and equipment as a local record of FCM transported. with Forms 2713 to Dallas is a finable Irregularity since air carriers for forwarding are responsible for according FOM the (6) Voiding Form 2713. When none Postal Data Center. safeguards as is given of the FM tendered is transported and (2) Part 3 to delivering carrier as a same care and the postal unit instructs the air carrier receipt and for forwarding to carrier's regular airmail See § 534.73(a) (6). Furnish full particulars as to pieces to the postal unit, the to return the mail accounting office. damaged, and extent, and pieces actm- receiving postal representative will void (3) Part 4 to receiving air carrier ally wet because of exposure to the all four parts, send Parts 1, 2, and 3 to for forwarding to carrier accounting Dallas Postal Data Center, with weekly office. elements. transmittal of forms, and file Part 4. (b) When FOM Is delivered to Postal (b) Instances where fines can be -- (7) Distribution. Distribute Parts 1, Unit, send: levled-(1 Authorization for fining. The CAB rate order prescribes that "no 2, 3, and 4 as follows: (1) Parts 1 and 2 to local postal unit for forwarding to Dallas Postal Data air carrier shall be subject to penalties (U) Part 1. Dispatching postal units (fines) with respect to the carriage of enclose completed and voided forms Center. will (2) Part 3 to delivering air carrier for such malexcept to cover serious cases of in P-87-A envelope and forward each failure to protect mall from damage and Friday following last dispatch of FCM transmitting to air carrier accounting office. depredation or repetitive instances of to: delay. (3) Part 4 retain in local postal unit. neglect resulting In substantial Postal Data Center, Post Office Department, Delivery Rec- Inability to accommodate such mail on Box 1557, Main Post OMce Building, Dallas, (d) Form 2753-A, Mail a specific flight or flights shall not be Tex. 75299. ord, See § 533.6 of this chapter for handling Form 2753-A. -construed as neglect." (ii) Part 2. Air Carrier Accounting (2) Processing of ftiabZe PCM cases. Office. § 534.5 Settlement of air transportation Send Form 2759 for W) damage to mail charges for FCML or equipment, including repetitive in- Part 3. Air Carrier Station (ii) stances occurring at the same airport, Record. The Dallas Postal Data Center will domestic air carriers charges (if) failure to protect FM from depre- (iv) Part 4. Dispatching' Postal Unit settle all dation, and (ill) neglect resulting In File. for transporting first class mail by air. substantial delay, to local transportation (c) Form 2718, First-Class Mail by § 534.6 Reporting and processing FC5 division for evaluation and processing Air exception Record-(l) Description. irregularities. with those covering airmail. Form 2718 is a four part snapout form (c) Distribuion. Postal units will with basic instruction regarding its use (a) Form 2579, Report of Irregular distribute copies of Form 2759 according on the face of the form. It serves as b Handling of Airmail--(1) Use.Form 2759 is used by postal employees to report to the instructions printed on each page report of irregular transfers of FCM of the form. between air-carriers at point of origin as air carrier irregularities in the handling of FCM. It must also be used by postal Tmio=.Tr .MAY, well as at intermediate points short of GeneralCounsel.. destination. It also serves as a report of units to advise local transportation divi- FCM -turned into a postal unit short of sion of irregular transfer and off-load- JULy 20, 1967. destination. Form 2718 is an accounting ing of FCM at intermediate points short [P.R. Doc. 67-8622; PlIed, July-25, 1967; document for adjusting air'transporta- of destination. Since this form is also 8:45 am.]

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 10928 RULES AND REGULATIONS

Model 506-14 engines due to wear of the Effective date. This amendment shall Title 14-AERONAUTICS AND splines on the input drive assembly, accomplish the following: be effective 0001 e.s.t., October 12, 1967. (a) Per fuel flow controls with 700 or more (Sec. 307(a), Federal Aviation Act of 1958, SPACE hours' total time in service on the effective as amended, 72 Stat. 749; 49 US.O. 1348) Chapter I-Federal Aviation date of this AD and-that have not been Adminis- Issued in Los Angeles, Calif., on July tration, Department of Transporta- overhauled, comply with, paragraph (e) within the next 100 hours' time in service after 18, 1967. tion the effective date of this AD, and thereafter A. . HORNING, at intervals not to exceed 800 hours' time in Acting Director, Western Region. [Docket No. 8035; Amdt. 39-451] service from the last inspection. PART 39-AIRWORTHINESS (b) For fuel flow controls with less than In § 71.171 (32 P.R. 2160) the Boise, 700 hours' total time in service on the effec- Idaho, transition area is amended by DIRECTIVES tive date of this AD and that have not been deleting all after "* * * 55 miles north- Rolls-Royce. Spey Model 506-14 overhauled, comply with paragraph (e) be- west of the VORTAC;" and substituting fore the accumulation of 800 hours' total time therefor, "and that airspace northwest of Engines in service, and thereafter at Intervals not to Boise bounded on the northwest by the exceed 800 hours' time in service from the A proposal to amend Part 39 of the last inspection. McCall, Idaho VORTAC 2210 radial, on Federal Aviation Regulations to include I (c) For fuel flow controls that have been the east by the west edge of V-253 and an airworthiness directive requiring in- overhauled and that on the effective date of on the southwest by a line 8 miles north- spections of the input drive assembly of this AD, have 700 or" more hours' time in west of and parallel to the Boise VOR- the C.A.S.C. 105 Lucas fuel flow control service since overhaul, comply with para- TAC 3190 radial; that airspace south- on Rolls-Royce Spey Model 506-14 en- graph- (e) within the next 100 hours' time east of Boise extending upward from gines, and if an inspection discloses wear, in service after tle effective date of this AD, 9,000 feet MSL bounded on the north by and thereafter at intervals not to exceed 800 the south the incorporation of Rolls-Royce Modifl- hours' time In service from the last inspec- edge of V-138, on the east by ,cation 3258, was published in 32 P.R. tion. the west edge of V-293 and on the south- 4314. (d) For fuel flow controls that have been west by the northeast edge of V-4; and Interested persons have been afforded overhauled and that on the effective date of that airspace extending upward from an opportunity to participate in the this AD have less than 700 hours' time in 10,500 feet MSL southeast of V-507, making of the amendment. One com- service since overhaul, comply with para- within 5 miles each side of the Rome, mentator stated that Modification 3258 graph-(e) before the accumulation of 800 Oreg., VORTAC 0560 radial extending -hours' time in service since overhaul, and from 46 miles northeast of the kits have not always been readily avail- thereafter at intervals not to exceed 800 VORTAC able and suggested that the proposed AD hours' time in service from the last inspec- to the Boise 40-mile radius area". be revised to permit either replacement tion. [P.R. Doc. 67-8676; Piled, July 25, 1007; with a serviceable input drive assembly (e) Inspect the input drive assembly, in 8:49 am.] or incorporation of the modification. An- accordance with Rolls-Royce Service Bulle- other commentator believed the AD tin No. SP 73-A109 dated February 2, 1967, should permit or later ARB-approved issue, or FAA-ap- [Airspace Docket No. 67-WVE-34] the replacement of worn proved equivalent. If wear is found, incorpo- parts with new parts and the use of the rate Rolls-Royce Modification 3258, or an PART 71-DESIGNATION OF FEDERAL fuel flow control unit for an additional FAA-approved equivalent, before further AIRWAYS, CONTROLLED 800 hours. The FAA has been advised by flight. AIRSPACE, the British Air Registration Board that (f) The repetitive inspection required by AND REPORTING POINTS paragraphs (a) through (d) may be dis- Modification 3258 kits are now available Designation of Control Zone in sufficient quantities to meet all de- continued upon incorporation of Modifica- mands. The FAA has also determined tion 3258, or an FAA-approved equivalent. On June 9, 1967, a notice of pro- that if wear is found It is necessary to This amendment becomes effective posed rule making was published in the incorporate the modification rather than August 25, 1967. FEDERAL REGISTER (32 P.R. 8302), regArd- ing an amendment to Part 71 that to replace the worn parts with service- (Seci. 313(a), 601, 603, Federal Aviation Act would able parts. The design of the old parts 6f 1958; 49 U.S.C. 1354(a), 1421, 1423) designate a control zone for Felts Field, precludes a satisfactory assembly as the Spokane, Wash., After consideration of retention and locking means are sus- Issued in Washington, D.C., on July 18, all relevant matter presented by inter- ceptible to loosening even with reason- 1967. ested persons, the amendment as so pro- able care upon assembly. The FAA has EDWARD C. HODSON, posed is hereby adopted, subject to the also been advised that the C.AS.C. 125 Acting Director, following change: Lucas fuel flow controls are modified Flight Standards Service. FR" Doc. 67-6444 (32 P.R. 8302), C.A.S.C. 105 controls and that the modi- Spokane, Wash. (Felts Field), is changed [P.R. Doe. 67-8671; Filed, July 25, 1967; , fications resulting in the redesignation 8:49 am.] bystrikingout" * * latitude47'41,11 are not pertinent to this AD. Therefore, N., * a *" in the second line, and in- the applicability statement has been re- serting in place thereof "* a * latitude vised to include Type 125 controls. Since [Airspace Docket No. 67-WE-28] 47o41,00,,N., * a ,,,. this revision is not substantive, but is PART 71-DESIGNATION OF FEDERAL Since this change is minor in nature, merely clarifying in nature, further no- notice and public procedure hereon are tice and public procedure hereon are un- AIRWAYS, CONTROLLED AIRSPACE, unnecessary. necessary and the AD may be made effec- AND REPORTING POINTS Effective date. This amendment is ef- tive in less than 30 days. Alteration of Transition In consideration of the foregoing, Area fective October 12, 1967. On page 8302 and pursuant to the uuthority delegated of the FEDERAL REGISTER Issued in Los to me by the Administrator (25 F.R. dated June 9, 1967, there was published Angeles, Calif., on July 6489), § 39.13 of Part 39 of the Federal a notice of proposed rule making to 18, 1967. Aviation Regulations is amended by add- amend Part 71 that would designate ad- A. E. Homxna, ing the following new airworthiness ditional controlled airspace In the Boise, Acting Director,Western Region, directive: Idaho, area. Interested persons were SPOHANE, WAsn. (FELTS ILD) given 30 days in which to submit written ROLL-ROYCE. Applies to Spey Model 506-14 That airspace within a 5-mile radius of engines. comments, suggestions, or objections Compliance required as indicated, unless regarding the proposed alteration. Pelts Field (latitude 47041'00" X., longitude already accomplished. No objections have been received, and 117019'20" W.). To prevent failure of the C.AS.C. 105 and the proposed amendment is hereby [P.R. Doc. 67-8677: Piled, July 25, 1967 125 Lucas fuel flow controls installed on Spey adopted without change. 8:49 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 143-WEDNESDAY, JULY 26, 1967 RULES AND REGULATIONS 109-9

[Airspace Docket No. 67-CE-50] plus the additional airspace that Is the Chapter II-Civil Aeronautics Board PART 71-DESIGNATION OF FEDERAL subject of the Navy's proposal Is less than the present R-5502. Moreover, these SUBCHAPTER A-ECONOMIC REGULATIONS AIRWAYS, CONTROLLED AIRSPACE, areas are now removed from, and will [neg. ER-499.Amdt. 1; Docket No. 186411 AND REPORTING POINTS have less adverse effect on all existing PART 288--EXEMPTION OF AIR CAR- Designation of Federal Airway recreation, conservation, and commercial activities in this vicinity. RIERS FOR MILITARY CHARTERS On April 22, 1967, a notice of proposed Since these amendments are less re- AND SUBSTITUTE SERVICE rule making was published in the FEDERAL strictive upon the public, notice and pub- REGISTER (32 F.R. 6371) stating that the Minimum Rates for Turboprops and lic procedure hereon are unnecessary and Stretched Jets Federal Aviation Administration was for that reason they may be made effec- considering an amendment to Part 71 of tive on less than 30 days notice. Adopted by the Civil Aeronautics Board the Federal Aviation Regulations that at Its office in Washington, D.C., on the would designate In consideration of the foregoing, Part a VOR Federal airway 71 and Part 73 of the Federal Aviation 21st day of July 1967. from Pawnee City, Nebr., with a 3,500 On May 25, 1967, the Board adopted MSL floor via the intersection of Pawnee Regulations are amended, effective upon ° publication in the FEDERAL REGISTER, as ER-494 (Docket 18273, 32 P.R. 7901), City 193 T (1840 M) and Emporia, which, among other things, set mini- Kans., 336 ° T (328 ° M) radials; thence hereinafter set forth. (a) In § 71.123 (32 P.R. 2009) the de- mum rates for the performance of mili- 'with a 1,200 AGL floor via Emporia; to tary charters with turboprop aircraft Chanute, Kans. scription of Domestic VOR Federal Air- way V 133 Is amended by deleting the and with stretched DC-8 aircraft. On Interested persons were afforded an June 6, 1967, Saturn Airways, Inc., filed opportunity to participate in the pro- words "within R-5502 and" so that the sentence reads "The airspace within a "Petition for Reconsideration" of the posed rule making through the submis- stretched-jet minimum rates in Docket sion of comment. All comments received Canada is excluded." (b) In § 73.55 (32 FR. 2327) R-5502, 18273, and Alaska Airlines, Inc., filed an were favorable. "Application for Amendment" of the In consideration of the foregoing, Part Lacarne, Ohio, is revoked and the following is substituted therefor: turboprop minimum rates (Docket 71 of the Federal Aviation Regulations Is 18641). Since the Board's rules of prac- amended, effective 0001 ex.t., Septem- E-5502A IAcwnEE, Omo ber 14, tice do not provide for petitions for re- 1967, as herein after set forth. Boundaries: Beginning at latitude 41*- consideration of final rules, unless spe- Section 71.123 (32 FR. 2009) is 41'15" N., longitude 83"07'45°" W.; to lati- amended by adding: cifically provided for when the rule is tude 41"41"17" N., 'longitude' 83"00'00" W.; Issued, we will treat both these docu- V-307 From Chanute, Kars., 12 AGL to latitude 41o35'30 N., longitude 82054'48" ments as petitions for rule-making with Emporla, Rans., 12 AGL INT of Emporia 3360 W.; to latitude 41032'02" N.. longitude 83"- the docket number 18641. and Pawnee City, Nebr., 1930 radials; 35 01'05" W., to latitude 41036'54 N, longi- MSL awnee City. tude 83°07'45" W.; to the point of beginning. The Saturn petition points out that in estimating Saturn's DC-8F-61 military (See. 307(a), Federal Aviation Act of 1958; Designated altitudes: April 1 to My 31 U.S.C. 1348) surface to and Including 5,000 feet MSL; charter costs, we allowed tax expense 49 June 1 to July 31 surface to and including based upon debt financing of $10 million Issued in Washington, D.C., on July 19, 23,000 feet NEL; and August 1 to November at an interest rate of 6/ percent, rather 1967. - 30 surface to and including 5,000 feet MSL. than on information supplied by Saturn Time of designation: ' T. McCoarAcm, 0800 to 1600 local on April 7,1967, which indicated financ- - Acting Saturday and Sunday April I through Chief, Airspace and Air May 31; 0800 to 1000 local daily June 1 ing of $7 million at 5 percent. Saturn Traffic Rules Division. through July 31; 0800 to 1600 local Saturday states that on May 25, 1967 (the date on [F.R. Doc. 67-8678; Filed, July 25, 1967; and 'Sunday August 1 through November 30; which ER-494 was adopted), it placed 8:49 an.]. other dates, times and altitudes (not to ex- on the market a $7 million Issue of sub- ceed 23,000 feet MSL) by NOTAM. publlshed ordinated convertible debentures carry- [Airspace Docket No. 66-EA-53] at least 48 hours in advance. Ing an annual interest rate of 4 percent. Controlling agency: Federal Aviation Ad- The information supplied by Saturn PART 71-DESIGNATION OF FEDERAL ministration, Cleveland ARTO Center. on April 7 was Inadvertently overlooked, Using agency: The Adjutant General. State -AIRWAYS, CONTROLLED AIRSPACE, of Ohio. and Saturn's estimated interest and-tax AND REPORTING POINTS expense will be corrected. However, since P-5502B L.'ca, Omo Saturn has now furnished the actual in- PART 73-SPECIAL USE AIRSPACE Boundaries: Beginning at latitude 41"44"- terest expense, the May 25 data will be Alteration of Restricted Area 48" N., longitude 83110'001" W.; to latitude used. Making this correction and aver- 41'47'18" N., longitude 83"10'00" W.; to aging Saturn's costs with those of the The purpose of these amendments latitude 41"48'35" N., longitude 8300'45" other two stretched-jet carriers raises to Parts 71 and 73 of the Federal Aviation W.; to latitude 41"441481" N., longitude 83"- the minimum roundtrip 03'05" W.; passenger and Regulations is to reduce the size and to to the point of beginning. cargo rates for these aircraft from 1.66 change the using agency of Lacarne, Designated altitude: Surface to 2.600 feet IML. and 6.68 cents to 1.67 cents per passen- Ohio, Restricted Area R-5502. ger-mile and 6.77 cents per cargo Time of designation: 0800-2300 e.s.t., ton- The Department of the Army has re- Wednesday through Saturday; 0800-1700 mile, respectively. The one-way, convert- quested the Federal Aviation Adminis- exs.t., on Sundays. Ible, and mixed minimum rates have tration to modify R-5502, Lacarne, Ohio, Controlling agency: Federal Aviation Ad- been correspondingly altered and are by reducing its size and redesignating the ministration, Toledo Airport Tr-aft Control set forth In the attached revised rule. -using agency to reflect its continued Tower. Alaska Airlines objects to the Board's usage by the Ohio National Guard. The Using agency: Commanding Ofilcer, U.S. establishment of uniform minimum rates Department of the Navy is also a user of Naval Air Station, Growe Ile, Mich. for all turboprop aircraft, including the R-5502 and has requested that a portion (Sec. 307(a). Federal Aviation Act of 1958; CL-44 and the L-382. Alaska maintains of the existing area, separate from the 49 U.S.C. 1348) that the uniform rate is unfair to area the Army is retaining, be retained Alaska, which Is the only L-382 carrier, for use and redesignated R-5502B. How- Issued in Washington, D.C., on July 17, ever, R-5502B will not fully accommo- 1967. since the greater C1-44 aircraft load date the Navy's requirement and, there- Wnanm E. MORGAN, (29.35 tons vs. 20.7 tons for the L-382) fore, the Navy has submitted a proposal Acting Director, results In greater revenue per plane- - for additional restricted airspace adjoin- Air Traffic Sersice. mile and lower cost per ton-mile for the ing R-5502B to the east. The total area of [FR. Doe. 67-8672; Iled, July 25, 1967; CL-44. Alaska also contends that the * R-5502A, and R-5502B -retained herein, 8:49 a.m.] Board should recognize higher crew

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 10930 RULES AND REGULATIONS

costs and that, In establishing the one- In consideration of the foregoing, the § 288.7 Reasonable level of compensn way minimum rate for the L,-382, a rev- Civil Aeronautics Board hereby amends tion. enue backhaul factor of 4.6 percent Part 288 of the Economic Regulations , * , , should be used, based on Alaska's experi- (14 CFR Part 288), effective August 1, (a) * * * ence. Alaska claims that it would operate 1967. by amending the table In § 288.7(a) (1) Performed with turbine-powered at a loss at the uniform turboprop mint- mum rates established in ER-494. (1) to read as follows: aircraft: There Is a serious question whether Piengers, per Cargo, per Convertiblo AMxed pasongr-caro, per we should entertain Alaska's petition. passenger-mflo ton-mile revenue p ne-m Alaska had notice of the Board's proposal to establish uniform minimum rates for Aircraft typo Passon- Cargo Round trip Ono way all turboprop aircraft at the same time as Round One Round One gor leg, leg, all other carriers, when the Board issued trip way trip way per pas.. N Vper . Fed V.I. lper notice of proposed rule making EDR-113 mile able able on March 15, 1967. Alaska filed no comments and raised no objection to that Turboprops: proposal in the rule-making proceeding. CL-44 ..------2.0$ 3.W 9.3% 17.10 2.1$ 10.0 ...... 1-32 ------10.W 19. W ...... By neglecting to file its objections at the RegularPassenger-pallets:7.5 turboets ------L86 3.4. 7.40 14.8481 2..0.2.1 . 87878...... proper time, Alaska not only unneces- sarily burdens the Board and Its staff, but 165 and --. . .. ------$332 $07 $580 $6. 117 and 3 ------21 2.07 &.80 & 615 also causes inconvenience to the Depart- 105 and 4------3&10 2.04 A.78 3.0&I ment of Defense and possibly to other In- 93and 5...... ------3.10 2.02 370 &.52 81 and 6------3.13 2. 89 &75 & 51 terested carriers. Notwithstanding the 63and 7------2.85 3.73 3,4 foregoing, we have determined to con- 1and8 ------3.07 2.83 6.71 3.47 09and ------"----- " -41 .0 sider the petition on its merits. It is D-8 -0 ------07 3.0$ .77A 13.4$ 1.8 7.8&V...... evident that the uniform turboprop mini- Passenger-pallets: mum rates are below Alaska's costs and 219and 0------$3.04 $3. 0 $0.90 $0.63 159and 5 ------3.77 3.49 0.70 0.51 could well result in a drain on the re- 65 and 12------3.51 3.23 3.62 0.24 sources of this subsidized carrier. Ac- 47 and 13 ------3.40 &.18 0.47 0.10 0 and 18------33 3.05 3.34 0.00 cordingly, we will grant Alaska's petition B-727/OV-890 ------"2.Z1 4. " 12 W 24. 8$ 2. 7$ 10...... and set separate minimum rates for the Passenger-pallets: 105 and 0------$2.93 $3.0 $5.10 $3.89 L-382 aircraft. 61 and 2------2.75 2.60 4. 7 4.72 Alaska's contention with respect 5Dand 3.------2.70 2.45 4.92 407 to in- 46and 4._:. .2.69 2.44 4.91 4.00 creased crew costs will not be adopted. Oand7------2.&0 2.25 4.72 4.47 The same policies were applied to Alaska's cost submissions as to those of OB, P, SB, and SF, are now available other carriers, and we adhere to those (Sees. 204, 403, 416, Federal Aviation Act of policies. from the Cannon Instrument Co., Post Alaska's L-382 cargo cost was 1958, as amended; 72 Stat. 743, 758, 771, as Office Box 16, State College, Pa. 16801, found amended; 49 U.S.C. 1324, 1373, 1386) to be 10.05 cents per ton-mile, and sponsored and supervised by Research we will adopt that cost as the minimum Division VII, Section A of American roundtrlp cargo rate. In setting the one- By the Civil Aeronautics Board. way [SEAL] HAROLD R. SAmNERsoN, Society for Testing and Materials Com- minimum rate, we will apply mittee D-2. After July 1, 1967, orders for Alaska's revenue backhaul experience to Secretary. delivery of these liquids should be sent the roundtrip minimum rate In the same [F.R. Doc. 67-8636; Filed, July 25, 1967; to the Cannon Instrument Co. at the manner as we have calculated other one- 8:46 am.] above mentioned address, way minimum rates. The resulting minimum one-way cargo rate is 19.64 cents Effective date: July 1,1967. per ton-mile. (Sec. 9. Stat. 1450, as amended: is U.S.O. We will make no change in the related 277. Interprets or applici Sc. 7, 70 Stat. 959, CL-44 turboprop minimum rates at this Title 15-COMMERCE AND 15 U.S.O. 275a) time, since those rates are the subject of Dated: June 29,1967. another petition for rule making and will FOREIGN TRADE be considered separately. Chapter II-National Bureau of I. C. ScMooNOrzn, Acting Director. The purpose of the amendment herein Standards, Department of Commerce is to bring minimum rates into line with IF.R. Doc. 67-8648; Filed, July 26, 1907; carrier costs pursuant to the petitions of SUBCHAPTER D--STANDARD REFERENCE 8:47 am.] Saturn and Alaska which have been MATERIALS served on all interested persons, who have PART 230-STANDARD REFERENCE had an opportunity to respond. We there- MATERIALS fore find that notice and public proce- Title 21-FOOD AND DRUGS dure thereon are unnecessary and the Subpart D-Standards of Certified Chapter [-Food and Drug Adminis- rule may be made effective on less than Properties and Purity tration, Department of Health, Edu- 30-days' notice. Pursuant to § 302.38(d) cation, of the rules VISCOMTER CALIBRATING L QUIDS; and Welfare of practice, express provi- DIscoxrNummcx sion is hereby made for the filing of peti- SUBCHAPTER A-GENERAL The FEDERAL tions for reconsideration of the rules REGISTER of Friday, Feb- PART 8-COLOR ruary 3, 1967 (32 F.R. 2388), gave notice ADDITIVES adopted herein. Petitions for recon- that effective July 1, 1967, the National Subpart-Provisional Regulations sideration and answers thereto shall be Bureau of Standards would discontinue governed by the provisions of § 302.37 supplying viscometer calibrating liquids. POSTPONMaMT oF CLOSING DATES OF PRO- and shall be served Accordingly, § 230.8-8, Viscometer Cali- VISIONAL LISTING; CANCELLATION OF on the Department CERTIFICATES of Defense and other interested carriers. brating Liquids, of Title 15 of the Code Petitions must be filed on or before of Federal Regulations, is revoked in its The color additive amendments of 1960 Au- entirety. gust 7, 1967, and answers thereto (Public Law 86-618; 74 Stat. 404; 21 before The viscometer calibrating liquids, U.S.C. 376, note) authorize the Secretary August 14,1967. identified as Oils D, H, I, J, K, L, AL N, of Health, Education, and Welfare to

FEDERAI. REGISTER, VOL 32, NO. 143--WEDNESDAY, JULY 26, 1967 RULES AND REGULATIONS 10931 postpone the closing date of a provisional Stat. 405; 21 US.C. 376, note). Except graphs (a), (b), and (c) of this section listing of a color additive on his own ini- for color additives for which petitions appear In Part 9 of this chapter. tiative or upon application of an inter- have been filed, progress reports are re- (a) Color additives previously and ested person. Requests have been required by January 1, 1968, and at 6- presently subject to certification and ceived to postpone the closing dates of month intervals thereafter. Specifica- provisionally listed for food, drug, and provisional listings ota number of color tions for color additives listed In para- cosmetic use. additives because" scientific investigations necessary for listing these color ad- Cain. data ditives under section 706 of the Federal lRestrlctions Food, Drug, and Cosmetic Act have not Fod ur Drug end been completed. The Commissioner of Food and Drugs finds that -ostponement of the closing FD&O Grecn No.3 (90.23 of thschapter) ... Mar.31,1CS June30, 19 FD&O Yellow No. 5 (9.40ohthof.ha...... per) .. June30, 190 dates of thiprovisionaly listed color ad- FD&O Yellow No. 6 ( 9.41 of Ir) ...... JU-do30,1- ditivesincluded in this order is consistent FD&O Red No.2 (§9.61 of thLs chapter) ... do- .. do FD&O Red No. 3 (10.02.o of hCapter).-. - do--. Juno 30,1M9 with the protection of the public health. FD&O Red No. 4 (f 9.63 of this chapter) . .. do-.. June 30, IM jS.53. These extensions are granted on condi- FD&O Blue No.1 (I 9.0 of thisc-p do-- June30, U9 FD&C Blue No. ( 9. 1 of U l "------do- Juno 30, 1V's tion that, where applicable, progress re- FD&O Violet No. 1 (19.90 of th1chapter) ..- do_ .... do.- ports be supplied on or before January 1, 1968. The cl6sing dates of the -provisional "(b)' Color additives previously and presently subject to certification and provf- listing of D&C Brown No. 1, Ext. D&C sionally listed for drug and cosmetic use. Yellow No. 3, Ext. D&C Red No. 8, Ext. D&C Violet No. 2, and Ext. D&C Orange CluIng data Restrictons No. 3 as color additives for use in ex- ternaly applied drugs and cosmetics are D&U Grc.n No. 5 (9.1013o1"or. lilt Lll.pI co r) not postponed and the provisional list- D&O Green No. 6(9.101 of thLsch3pterL.. D&C Greenlo.8 (19.1010otisehapler chpter______Ju3,1,05-o ings are therefore terminated as of July fl&o)&O YellowYelow, Nlo.8No. 7 (9.1319.13011o115 0 tis ch--pter)...... 1, 1967. These color additives had been D&O Yellow No. 10( 9.133 ofths ch3ptdr) Do. of this cbhat.r - M 30 provisionally listed on the basis that D&C Yellow (I§O.n 9.131 D&O liedD&X~d~.6_915of___ate__ NO. (19.1 of31 th c-daplro J O3, scientific investigations were under way D& a4 0 . 9.151 of this cha p Junedo zQ- preparatory to submission of petitions D& ied NO.7 9.1M of lI c t .do- for permanent listings. The sponsor of D&CRLIdNo.l 9.1of thLcai rpt$ .... _do_..... ]DO. D&O ied1o .10 (.15L of t3 cr Do. these investigations has concluded that ]Do. he no longer has a commercial interest D&Oled No. 13 9. o' hi chaterapt"_-do- DO. in these -color additives and the Food Do. and Drug -Administration knows of no D&O lied No.1" 9.157 of tha chapter, -do - 8.. other investigations under way. To allow D&O ied No. 1 9.167ofthischapterJunee .... for an orderly change in drug and cos- D&C lied No. 27 9.17 of t ICptr -do - metic formulations containing the color D&C lied No. 28 9.173 of ti chapter -do - additives being delisted, their certificates D&O Red N.30 9.175 of thischap _Dec-___ J 30 1 T D&O RedNo.31 9.17Ooftldchl pte).___ Ju.ne. ,7 are canceled effective July 1, 1968. D&Olied No. 33(1 9.178 of this chapte ) 15.503. closing dates of the provisional D&O Red No. 34(1 9.179 of"this chpt June In The D&C Red No.Z (1 9.1SILof th chapi J'V .1 listing of carminic acid and cochineal as D&OCRed No. 37 (19.182otis ------18.103. coloradditives for use in foods and drugs D&,C Orange No.4 9.201ob lhpC Juno .1C8 Do. D&O Orange No .5 (1 902 of 1111 chapter June 30,1009 Do. are not postponed and, accordingly, the D&0 Orange No19107 of th p ) . do provisional listings are terminated. D&O Orange No. 11 ( 20 h apter) .... do D&C Orange No. 17 (19.214 01 th11 hater) - do-.-- These color additives had been provi- D&C Blue No.4(1 9"40 of th 5hapter ... do- sionally listed only until action on a D&O Blue No. 6(.242 of ths cptear ... Dec. 31,1C&7 petition to list carmine (the aluminum D&O Blue No. 9 ( 9.245 of this chapter Juno 30,19 Surgical srure use D&0 Violet No.2 (19-270 o ths r) - -hapt only. or ealcium-aluminum lake of carminic acid on an aluminum hydroxide sub- strate) had been completed. "(c) Color additives previously and presently subject to certification and provi- Therefore, pursuant to the authority sionally listed for use in externally applied drugs and cosmetics. of the Federal Fo9d, Drug, and Cosmetic Act -(sec. 203(a) (2), Public Law 86-618; 74 Stat. 404; 21 U.S.C. 376, note), delegated by the Secretary to the Commis- sioner (21 CFR 2.120), the provisional regulations are amended in the following respects: 1. Section 8.501, except for paragraph (d) [Reserved] (e) Color additives provisionally listed for food use on the basis of prior com- (g) which is unchanged, is revised to mercial sale but which have not been nor are now subject to certification. read as follows: § 8.501 Provisional lists of color addi. Cloding date Restrictions tives. The Commissioner of Food and Drugs Carbon black (prepared by the "lmplazent" or"c"annel" proce). l D'c.3 , 1907 Carrot o ...... do finds that the following lists of color Iron ox-de...... do For dae-ca,and mink additives are provisionally listed under o.ds only. Rlboflavin- . .-...... do - section 203(b) of the Color Additives XntlhopbylL .- -do-- Amendments of 1960 (sec. 203(b), 74

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 2;, 1967 10932 RULES AND REGULATIONS

(f) Color additives provisionally listed jor drug use on the basis of prior corn- win mercial sale but which ditlons of workers similarly employed have not been nor are now subject to certification.The color be adversely affected, the certification additives listed in this paragraph are listed only for the uses and purposes com- mercially employed prior to July 12, 1960. Thus, a color additive used only In drugs will not be issued. Applications should for external application Is not provisionally listed not be sent directly to the U.S. Depart- for Internal drug use. ment of Labor by the alien. Closing date Restrictions 2. A new § 60.5 is added to read as Carbon black ("impingement" or "channel" process) .....------Dec. 31,1967 -follows: Chromium-cobalt-aluminum oxide ------. une 30,168 Polyethylene surgical § 60.5 Validity. suture uso only. Ferric ammonium citrate ------..... do ------As a component of iron pyrogallol Certifications Issued pursuant to this color additive for part are nvalid. If the representations surgical suture uso upon which only. they are based are Incorrect., Fustic ------do----... Surgical suture use They are applicable Only. only to the positions Logwood ------do-...... Do. as described In the Form ES-575-B or Pyrogallol ------.-.------...... ------...... - do Do. as defined in the applicable schedule. 1 3. A new § 60.6 Is added to read as follows: 2. Section 8.510 is amended by adding Title 29- LABOR § 60.6 Matters to be considered. thereto the following-new paragraph: Subtitle A-Office In determining whether prospective § 8.510 of the Secretary of Cancellation of certificates. . Labor employment offered In accordance with § 60.3(a) will adversely affect "wages" (e) Certificates issued for the follow- PART 60-IMMIGRATION; AVAIL- or "working conditions" of American Ing color additives and all mixtures con- ABILITY OF, AND ADVERSE EFFECT workers within the meaning of seotion taining these color additives are can- UPON, AMERICAN WORKERS 212 (a) (14) of the Act, the following celed and have no effect after July 1, standards will be among the matters 1968, and use of such color additives in Miscellaneous Anmendments considered: the manufacture of drugs or cosmetics (a) That such employment will be for after that date will result in adulteration: Pursuant to section 212(a)(14) of wage rates no less than those prevailing the Immigration and Nationality Act of for U.S. workers similarly employed In D&C Brown No. 1 (§ 9.230 of this chapter). 1952, as amended by Public Law 89-236, the area of employment; Ext. D&O Yellow No. 3 (§ 9.303 of this Provided, how- chap- I hereby amend 29 CFR Part 60 as set ever, That such wages are not lower than ter). forth below. Ext. D&O Red No. 8 (§ 9.347 of this chapter). any applicable wage rates prescribed by Ext. D&C Violet No. 2 (§ 9.411 of this chap- As these changes involve only proce- the Secretary of Labor pursuant to law as ter). dure and general statements of policy, the minimum rates which will not ad- Ext. D&C Orange No. 3 (§ 9.422 of this chap- notice of proposed rule making, public versely affect the wages of American ter). participation, and delay in effective date workers similarly employed (20 CFR In order to allow are not required by section 4 of the Ad- 602.10b). Where available, such prevail- orderly withdrawal ministrative Procedure from the market Act (5 U.S.C. ing wages shall generally be the rates of carminic acid, 553). I do not believe such participation determined to be prevailing for the oc- cochineal, and carmine (magnesium- and delay will serve a useful purpose cupations and In localities involved pur- aluminum lake of carminic acid) and in here. Accordingly, these amendments suant to the provisions of the Davis- the absence of information that the con- shall become effective immediately. Bacon and related Acts (40 U.S.C. 270a: tinued use of these color additives will 1. Paragraph (b) of § 60.3 is amended § 1.1 of this subtitle), the McNamara- O'Hara adversely affect the public health the to read as follows: Service Contract Act (41 U.S.C. 351), or the National Foundation on the Food and Drug Administration will not § 60.3 Request for certification not cov- Arts and Humanities Act of 1905 (20 institute regulatory action against the ered by § 60.2. U.S.C. 954(); § 505.3 of this title), or color additives or the articles in which set forth on Wage Board rate schedules they have been permitted to be used (b) Any applicable to Federal installations In the alien seeking admission to area (5 U.S.C. solely for the reason that they are not the United States otherwise subject to the 5341). Where a current determination under one of these laws Is provisionally or permanently listed as provisions of paragraph (a) of this sec- not tion whose category of employment applicable, the prevailing wage rate color additives for the period ending is will be determined In accordance with the December 31,1967. described in Schedule C shall request a criteria 212(a) (14) certification by filing a Form established pursuant to the Notice and public procedure and ES-575-A Davis-Bacon Act ( 1.2(a), of this sub- de- describing his qualiflcations title) which is as follows: layed effective date are unnecessary pre- and shall omit filing a Form ES-575-B (1) requisites to the promulgation of this describing his prospective employment The rate of wages paid In the area In in the United which the work Is to be performed, to the order, and I so find, since section 203(a) States. Instructions for majority filing in these circumstances are available of those employed In that classfil- (2) of Public Law 86-618 provides for cation * * *; (2) in the event that there Is from U.S. Consular offices abroad and not a majority paid at the came rate, then this issuance. Embassies and Immigration and Natura- the rate paid to the greater number: Pro- Effective date. This order is effective lization Service offices. Such instructions vided, Such greater number constitutes 30 will where appropriate require aliens to percent of those employed; or (3) in the as of July 1,1967. Indicate where they will reside. When the event that less than 30 percent of those so (Sec. 203 Consular offices abroad or the Immigra- employed receive the same rate, then the (a) (2), Public Law 86-618; 74 Stat. average rate. 404; 21 U.S.C. 376, note) ion and Natulnlization Service send the ES-575-A's to the Department of Labor, (b) That such employment 'will in- Dated: July 17,1967. all sources of labor available for the elude the furnishing of fringe benefits area of intended residence will be re- that prevail for U.S. workers similarly JAs L. GODDARD, viewed and certification Commissioner of Food and Drugs. will be issued de- employed In the area of employment; pending on the circumstances at that (c) That such employment will in- [P.R. Doc. 67-8560 Pied. July 25, 1967; time. If the review shows workers are volve / adherence to prevailing working 8:45 a.m.] available, or that wages or working con- conditions including customs in the area

FEDERAL REGISTER, VOL. 32, NO. 143-WEDNESDAY, JULY 26, 1967 RULES AND REGULATIONS 10933 NEW mrCo P7=CAL 3TMz&N of employment regarding the furnishing public land laws, including the mining of-board, lodging and other facilities; laws (30 US.C., Ch. 2), but not from T. 49 N.. R. 2 W. (d) That such employment will not leasing under the mineral leasing laws, &ec. 20, XN~E4NEJ4. XWNMNE%.4 involve positions (1) that are vacant be- and reserved for management by the SE4 SW% NEY NEY4- SE%4 X1/ 4 NE4 N NW INE , NW/ /SWWNE. cause the former occupants are on strike Department of the Interior in a manner 4 4 the management and uti- NW4SENNEV'4 . NE'/4 NW14' NE or are being locked out in the course of to facilitate NWIANWK/. WANW1/&W2Y.4NW%. SK Wildlife a labor dispute or (2) the filling of which lization of the C. J. Strike XNWWNW'A. NSEWWY 4. is at issue in a labor dispute; Management Area: 4 The areas described aggregate 127,5 (e) That-such employment will not in- BoisE Mft=LN with regard to acres in Gunnison County. volve any discrimination T. 5 S..R. 7E.. race, creed, color or national origin; and Sec. 35, SW SE. HAnay R. ADwEsoN. (f) That such employment or any Assistant Secretary of the Interior. term or condition thereof is not contrary The area described contains 40 acres. to any -provisions of Federal, State, or 2. Public Land Order No. 4153 of JULY 18, 1967. locallaw.- February 9. 1967, withdrawing lands for [P.R Doc. 67-8663; Filed. July 25. 16; the C. J. Strike Wildlife Management 8:48 am.] A of 4. The -provision in Schedule Area, is hereby revoked so far as it af- Part 60 entitled -"Nursing" is revised to fects the following described land: read as follows: [PubUc Liand Order 4254] Bois= Zlr- xAN lFairban.s O24151] Husn=G T. 5 S., R. 7 E., The application of the art and science of- Sec. 35, N'ESE%. ALASKA nursing which reflects comprehension of principles derived from the physical, bio- The area described contains 40 acres. V',ithdrawal for Federal Aviation logical, and behavioral sciences. Nursing 3. Until 10 am. on January 17, 1968, Agency Facilities generally includes. the making of clinical the State of Idaho shan have a preferred By virtue of the authority contained judgments concerning the observation. care, right of application to select the land and counsel of persons iequring nursing In section 4 of the act of My 24, 1928 care; the administering of medicines and described in paragraph 2 above, as pro- (45 Stat. 729; 49 U.S.C.. 214), as amend- treatments prescribed by the physician or vided by R.S. 2276, as amended (43 U.S.C. ed, it Is ordered as follows: dentist; the participation in activities for 852). After that time, the land shall be 1. Subject to valid existing rights, the the promotion of health and the prevention open to operation of the public land following described lands are hereby of illness In others. laws generally, subject to valid -existing withdrawn from all forms of appropri- Preparation for nursing practice is gn- rights, the provisions of existing with-" erally obtained through an.organized pro- ailon under the public land laws, includ- drawals, and the requirements of appli- ing the mining laws (30 U.S.C., Ch.2), gram of study approved by a governmental received or other competent authority in the alien's cable law. All valid applications but not from leasing under the mineral country. Bigh school graduation or itsequiv- at or prior to 10 am. on January 17, leasing laws, for the maintenance of a alent is usually a prerequisite. A program of 1968. shall be considered as simultane- Federal Aviation Agency air navigation study generally includes theory and prac- ously filed at that time. Those received facility: ,tice in clinical areas such as: obstetrics, sur- thereafter shall be considered In the FAmnA~shEE=&N gery, pediatrics, psychiatry, medicine. order of filing. T.1IS,1L2W, (79 Stat. 911) 4. The land released from withdrawal Sec.3 ,NESE . by paragraph* 2 of this order will be 4 19th Signed at Washington, D.C., this open to location under the U.S. mining Containing 40 acres. day of July 1967. laws at 10 am. on January 17, 1968. It 2. The withdrawal made by this order W. WILLARD WITz, has been open to applications and offers does not alter the applicability of the Secretary of Labor. under the mineral leasing laws. public land laws governing the use of [p.R. Doe. 67-8621; Filed, July 25, 1967; Inquiries concerning the land should the lands under lease, license, or permit, 8:45 a m.] be addressed to the Mnager, Land Of- or governing the disposal of their mineral fice, Bureau of Land Mlanagement, Boise, or vegetative resources other than under Idaho. the mining laws. However, leases, licenses HAMRYR. AzmmsoN, or permits will be issued only if the Fed- Title 43-PUBLIC LANDS: Assistant Secretary of the In terfor. eral Aviation Agency finds that the pro- JuLy 18, 1967. posed use of the lands will not interfere INTERIOR with the proper operation of its facfli- [P.R. Doc. 67-8='2; fled. July 25. 1987; ties on the lands. Chapter It-Bureau of Land Manage- 8:48 a m.] HARRYR. ANDEzso ment, Department of the Interior Assistant Secretary of the Interior. [Pub)c Land Order 42531 APPENDIX-PUBLIC LAND ORDERS 0124301] JULy 18,1967. [Public Land Order 4252] [Colorado 67-8664: Filed. July 25, 1967; COLORADO [P.R. Do. [Idaho 0-836] - 8:48 am.] IDAHO Withdrawal for Reclamation Project virtue of the authority contained IPubllc Land Order 4255] Withdrawal for Wildlife Manage- By in-section 3 of the act of June 17, 1902 [Arizona 0190971 ment Area; Partial Revocation of (32 Stat. 388; 43 U.S.C. 416), as amended Public Land Order No. 4153 and supplemented, it is ordered as fol- ARIZONA By virtue of the authority vested in lows: Partial Revocation of Public Land the President and pursuant to Executive Subject to valid existing rights, the Order No. 1767 Order No. 10355 of May 26, 1952 (17 F.R. following described nonpublic lands are 4831); itis ordered as follows: hereby withdrawn from appropriation By virtue of the authority vested In 1. Subject to valid existing rights and* under the U.S. mining laws (30 U.S.C., the President and pursuant to Executive the provisions of existing withdrawals Ch. 2), but not from leasing under the Order No. 10355 of May 26, 1952 (17 P.R. thi-following described land, which is mineral leasing laws, for reclamation 4831), It Is ordered as follows: under the jurisdiction of the Secretary purposes in connection with: the Cure- I. Public Land Order No. 1767 of De- of the interior, is herebywithdrawn from canti Unit, Colorado River Storage cember 15, 1958, with drawing lands for all forms -of appropriation under the Project: use by the Bureau of Prisons as a prison

FEDERAL REGISTER, VOL 32, NO. 143-WEDNSDAY, JULY 26, 1967 Ho. 143--5 10934 RULES AND REGULATIONS campsite, is hereby revoked so far as it are hereby withdrawn from appropria- der No. 10355 of May 26, 1952 (17 P.R. affects the following described lands: tion under the mining laws (30 U.S.C., 4831), it Is ordered as follows: Ch. no" from leasing under the AND SALT RVr MERIDIAN 2), but Public Land Order No. 3036 of April 15, GILA mineral leasing laws, in aid of programs 1963, which withdrew lands for use by the T. 8 S., R. 26 E., of the Department of Ag-iculture. Department of the Army in connection Sec. 19, tracts A, B, C, D, E, F, and G. BoIsE MEIDIAN with the Oahe Dam and Reservoir Proj- the The areas described aggregate 1.324 FOREST ect, is hereby amended by deleting BOISE NATIONAL thereof, reading as fol- acres of public lands. The lands are South Fork Bridge Recreation Area last paragraph southwest of Safford, Ariz., in Graham lows: County. T. 15 N., R. 6 E., The withdrawal made by this order 2. The lands are hereby classified for Sec. 11, W ASW/41ITYeNWW, NY2SWY4 does not alter the applicability of the , and W/ Revised NWV4, Ny2SSW/4 NW1/4 2 governing the use of the sale under section 2455 of the NW SE NW . public land laws Statutes (43 U.S.C. 1171). 4 4 4 lands under lease, license, or permit, or The State of Arizona has waived its The area described aggregates 40 acres governing the disposal of their mineral preferance right of application granted. in Valley County, Idaho. and vegetative resources other than un- by R.S. 2276 as amended (43 U.S.C. 852). 2. The withdrawal made by this order der the mining laws, and the mineral of those oil and gas. HARRY R. ANDERSON, does not alter the applicability leasing laws except for public land laws governing the use of the HARRY Assistant Secretary o1 the Interior. national forest lands under lease, license, R. ANDERSON, JuLY 18, 1967. o; permit, or governing the disposal of Assistant Secretaryof the Interior. [P.R. Doc. 67-8665; Pled', July 25, 1967; their mineral or vegetative resources JULY 18, 1967. other than under the mining laws. 8:48 a.m.] [P.R. Doc. 07-8669; Filed, July 26, 1007; HARRY R. ANDERSON, 8:49 am,] AssistantSecretary of the Interior. [Public Land Order 4256] [Sacr'amento 38] JULY 18, 1967. [Public Land Order 42601 [P.R. Doc. 67-8667; Piled, July 25, 1967; [Arizona 319] CALIFORNIA 8:49 am.] Withdrawal for National Forest ARIZONA Recreation Site [Public Land Order 42581 Withdrawal for Administrative Silo [Arizona, 543] By virtue of the authority vested in the By virtue of the authority vested in the President and pursuant to Executive President and pursuant to Executive Order No. 10355 of May 26, 1952 (17 F.R. ARIZONA 4831), it is ordered as follows: Modification of Stock Driveway With- Order No. 10355 of May 26, 1952 (17 F.R. 4831), it is ordered as follows: 1. Subject to valid existing rights, the drawal To Permit Grant of Right- rights the following described national forest lands of-Way 1. Subject to valid existing are hereby withdrawn from appropria- following described public lands which tion under the mining laws (30 U.S.C., By virtue of the authority vested in the are under the jurisdiction of the Secre- by section 10 Ch. 2), but not from leasing under the Secretary of the Interior tary of the Interior are hereby withdrawn mineral leasing laws, in aid of programs of the act of December 29,1916 (39 Stat. of the Department of Agriculture: 865; 43 U.S.C. 300), as amended, it id from all forms of appropriation under the public land laws, including the min- SIX RIVERS NATIONAL FOREST ordered as follows: The departmental order of February 4, ing laws (30 U.S.C., Ch. 2), but not from nUDIROLDT ZIERIDIAN 1919, creating Stock Driveway With- leasing under the mineral leasing laws, Sanger Lake Campground drawal No. 56, Arizona No. 2, as modified and reserved as an administrative site T. 17 N., R. 5 E., and defined by departmental order of February 10, 1942, is hereby further for the maintenance of a facility of the See. 4, WV2W/ 2 of lot 4; Sec. 5, S!12 and S/NV of lot 1. modified to the extent necessary to per- Department of the Air Force: mit the grant of a highway right-of-way The areas described aggregate approx- GIL.A AND SALT RzVER MERIDIAN under section 2477, U.S. Revised Statutes T. 12 S., R. 9E., imately 40 acres in Del Norte County. (43 U.S.C. 932), to the County of Yavapai, 2. The withdrawal made by this order Sec. 19, EV2EY2SVY4 : Ariz., over the following described land, Sec. 20, SW SW/ ; does not alter the applicability of thlose as delineated on maps on file with the 4 public land laws governing the use of Sec. 29, Nw4VINWyIW NW : Bureau of Land Management in A-543 Sec. 30, NN/ 2 NE /4 . national forest land under lease, license, entitled "Road for Black Canyon City or permit, or governing the disposal of Dump." The areas described aggregate approxi- the mineral or vegetative resources other mately 127.59 acres. than under the mining laws. GIL. AND SALT RIVER MERIDIAN R. 2 2. The withdrawal made by this order HARRY R. ANDERSON, T. 8 N., E., Assistant Secretary of the Interior. Sec. 1O, N 2NW%. does not alter the applicability of the public land laws governing the use of JULY 18, 1967. Containing 80 acres. HARRY R. ANDERSON, the lands under lease, license or permit, IF.R. Doc. 67-8666; Filed, July 25, 1967; or governing the disposal of their min- 8:49 a.m.] Assistant Secretary of the Interior. eral or vegetative resources other than JuLy 18, 1967. under the mining laws. However, leases, [Public Land Order 4257] [P.R. Dc. 67-8668; Filed, July 25, 1967; licenses or permits will be Issued only 8:49 am.] [1-766] if the Department of the Air Force finds IDAHO that the proposed use of the lands will [Public Land Order 4259] not interfere with the proper operation Withdrawal for National Forest [Montana 050235] of its facilities on the lands, By virtue of the authority vested in the NORTH DAKOTA HARRY R. ANDERSON, President and pursuant to Executive Or- Amendment of Public Land Order Assistant Secretary of the Interior, der No. 10355 of May 26, 1952 (17 F. No. 3036 JuLY 19, 1967. 4831), it is ordered as follows: I. Subject to valid existing rights, the By virtue of .theauthority vested in the [P.R. Doc. 67-8670; Filed, July 25, 1067; following described national forest lands President and pursuant to Executive Or- 8:49 a.m.] FEDERAL REGISTER, VOL. 32, NO. 143-WEDNESDAY, JULY 26, 1967 10935 PropOsed Rule Making

for the factor of color. The minimum (b) CA) Classification. Canned cling- DEPARTMENT OF AGRICULTURE color requirements for Grade A and stone peaches that possess a good color Grade C in the case of both clingstone may be given a score of 18 to 20 points. Consumer and Marketing Service and freestone peaches would be made Mixed pieces of irregular sizes and shapes slightly more restrictive while the mini- that score 18 to 20 points shall not be [7 CFR Part 52 1 mum color requirement for Grade B for graded above U.S. Grade B, regardless --CANNED CLINGSTONE AND both products would be somewhat more of the total score for the product (this PEACHES lenient. The proposals also would require is a partial limiting rule). "Good color" FREESTONE sample units scoring into the Grade B means that the peaches possess a bright Standards for Grades'- range for color be restricted to Grade B. color ranging from yellowish orange to Notice is hereby given that the U.S Color guides currently In use would be orange yellow; and that there may be Department of Agriculture is considering made obsolete by the proposed amend- present units which possess "reasonably an amendment to the US. Standards foxr ments. The Department Is in the process good color" as follows: Grades of Canned Clingstone Peaches ( of developing new guides to illustrate (1) In the style of halves, quarters, CFR 52.2561-52.2577) and to the U.S. minimum color limits for the different slices, or whole, not more than 10 per- Standards for Grades of Canned Free-. grade classifications. cent, by count, of the units may possess stone Peaches (7 CFR 52.2601-52.2616) No other changes are proposed at this "reasonably good color"; or one" unit'in L time. a container Is permitted to possess "rea- pursuant to the authority contained in sonably good color": Provided, That in the Agricultural Marketing Act of 194E Subpart-U.S. Standards for Grades all containers comprising the sample (Sees. 202-208, 60 Stat. 1087, ai of Canned Clingstone Peaches amended; 7 US.C. 1621-1627). such units do not exceed an average of All persons who desire to submit writ-- The proposed amendments are as 10 percent of the total number of units; - follows: and ten data, views, or arguments for con- (2) In the styles of diced or mixed sideration in connection with the pro-" 1. Change § 52.2563(a) to read as posed amendment should file the same pieces of Irrmular sizes and shapes, not in duplicate, not later than January 1, follows-- more than 10 percent, by weight, of the 1968, with the Hearing Clerk, US. De- § 52.2563 Grades of canned clingstone drained peaches may possess "reason- partment of Agriculture, Room 112, Ad-* peaches. ably good color." (c) (B) Classification. Canned cling- ministration Building, Washington, D.C (a) "U.S. Grade A" or "U.S. Fancy" stone peaches that possess a reasonably 20250. All written submissions made Isthe quality of halves, quarters, slices, pursuant to this notice will be available diced, or whole canned clingstone peaches good color may be given a score of 16 for public inspection at the office of the that possess similar varietal character- or 17 points. Canned peaches that fall Hearing Clerk during regular business istics, that possess a normal flavor and into this classification shall not be hours (7 CFR 127 (b)). odor, that possess a good color, that are graded above US. Grade B, regardless Statement of considerations-leadingtc practically uniform in size and sym- of the total score for the product (this the proposed amendments. The current metry, that are practically free from de- is a limiting rule). "Reasonably good U.S. Standards for -Grades of Canned fects, that possess a good character, and color" means that the canned clingstone Clingstone Peaches have been in effect that for those factors which are scored peaches possess a reasonably bright color since July 23, 1961, as amended July 28, in accordance with the scoring system that may fail to meet minimum color re- 1962. Those for Canned Freestone outlined in this subpart the total score quirements for Grade A but is equal to or Peaches have been in effect since July is not less than 90 points: Provided, That better than light oranglsh-yellow, that 22, 1957. the styles of halves, quarters, slices, diced, the units are practically free from any In the case of both standards undex or whole may be reasonably uniform in slight brown color due to oxidation which the factor of color the minimum require- size and symmetry, and may possess a color may no more than slightly affect ments for Grades A and B are the same reasonably good character, If the total the appearance or edibility, or both, of with respect to yellow-orange color. The score is not less than 90 points. the product; and that there may be basic distinction between Grade A and present units which possess "fairly good Grade B color is the uniformity, or lack color" as follows: thereof, in color among the peach units. 2. Change § 52.2572 in Its entirety and (1) In the style of halves, quarters, substitute the following- slices, or whole, not more-than 10 per- Sample units that are scored into the cent, by count, of the units may possess Grade B range for color may still be clas-" §52.2572 Color. sified as Grade A provided the total score "fairly good color"; or one unit in a con- is not less than 90 points. (a) General. (1) The color of canned tainer is permitted to possess "fairly good -Since the grade standards for these clingstone peaches other than canned color": Provided, That In all containers products were last revised packing and "spiced" peaches refers to the predomi- comprising the sample such units do not marketing practices indicate a need foxr nating and characteristic color on the exceed an average of 10 percent of the separate requirements to provide for a backs of halved units, on the surface of total number of units; and deeper orange color in Grade A than in whole units, and the exterior surface of (2) In the style of diced or mixed Grade B. Results of a comprehensive other units, excluding such portions pieces of irregular sizes and shapes, not color study performed by the Depart-* which were obviously near or part of the more than 10 percent, by weight, of the ment during the peach canning season in pit cavity. (2) The factor of color for drained peaches may possess "fairly good 1966 support this concept. canned "spiced" peaches is not based on color." Based on resultsof the aforementioned any detailed requirement and is not (d) (C), (D), and (C-SP) Classiffca- scored but the color shall be normal for tion. Canned clingstone peaches and study the proposed amendment would canned "splced" peaches; the other three canned solid-pack clingstone peaches provide for three separate grade leveh factors (uniformity of size and sym- that possess a fairly good color may be ICompllance with the provisions of these metry, absence of defects, and character given a score of 14 or 15 points. Canned standards shall not excuse failure to comply as applicable) are scored and the total clingstone peaches or canned "solid- with the provisions of the Federal Food is multiplied by 100 and divided by 80, pack" clingstone peaches that fall into Drug, and Cosmetic Act or with applicable dropping any fractions to determine the this classification shall not be graded state laws and regulations. total score. above US. Grade C or U.S. Grade C

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 10936 PROPOSED RULE MAKING Solid-Pack, whichever Is applicable, re- 2. Change § 52.2610 in its entirety and tainer is permitted to possess "fairly good gardless of the total score for the product substitute the following- color": Provided, That in all containers comprising the sample such units do not (this is a limiting rule). "Fairly good § 52.2610 Color. color" means that the peaches possess exceed an average of 10 percent of the a color that may fail to meet minimum (a) General. (1) The color of canned total number of units; and color requirements for Grade B but is freestone peaches other than canned (2) In the style of diced or mixed equal to or better than greenish-yellow; "spiced" peaches refers to the predomi- pieces of Irregular sizes and shapes, 10 that the units may possess slight brown nating and characteristic color on the percent, by weight, of the drained color due to oxidation provided such backs of halved units, on the surface of peaches may possess "fairly good color." color does not materially affect the ap- whole units, and the exterior surface of (d) (C), (D), and (C-SP) Classiflca- pearance or edibility, or both, of the other units, excluding such portions tion. Canned freestone peaches that product; and that the units may possess which were obviously near or part of the possess a fairly good color and canned other color as follows: pit cavity. (2) The factor of color for "solid-pack" freestone peaches that (1) In the style of halves, quarters, canned "spiced" peaches is not based on possess a fairly good color or better color slices, or whole, not more than 5 percent, any detailed requirement and is not may be given a score of 14 or 15 points. by count, of the units may fail to meet scored but the color shall be normal for Canned freestone peaches or canned the minimum color for Grade C or may canned "spiced" peaches; the other three "solid-pack" freestone peaches that fall be off-color; or one unit in a container factors (uniformity of size and 'sym- into this classification shall not be Is permitted to possess such color: Pro- metry, absence of defects, and character graded above U.S. Grade C or U.S. Grade vided, That in all containers comprising as applicable) are scored and the total C Solid-Pack, whichever is applicable, the sample such units do not exceed an is multiplied by 100 and divided by 80, regardless of the total score for the average of 5 percent of the total number dropping any fractions to determine the product (this is a limiting rule). "Fairly of units. total score. good color" means that the peaches pos- (2) In the style of diced or mixed (b) (A) Classification. Canned free- sess a color that may fail to meet mini- pieces of irregular sizes and shapes, not stone peaches that possess a good color mum color requirbments for Grade B but more than 5 percent, by weight, of the may be given a score of 18 to 20 points. is equal to or better than a dull greenish drained peaches may consist of units Mixed pieces of irregular sizes' and yellow; that the units may possess slight that fail to meet the minimum color shapes that score 18 to 20 points shall brown color due to oxidation provided for Grade C or may be off-color: Pro- not be graded above U.S. Grade B, re- such color does not materially affect the vided, That'such units do not materially gardless of the total score for the product appearance or edibility, or both, of the affect the appearance of the product. (this is a partial limiting rule). "Good. product; and that the units may possess color" means that the peaches possess a other color as follows: (e) (SStd) and (SStd-SP) Classijlca- bright color ranging from pale yellowish- tion. Canned clingstone peaches and (1) In the style of halves, quarters, orange to orange yellow; and that there 5 percent, canned "solid-pack" clingstone peaches may be present units which possess "rea- slices, or whole, not more than that fail to meet the requirements of by count of the units may fail to meet sonably good color" as follows: the minimum color for Grade C or may paragraph (d) of this section may be (1) In the style of halves, quarters, given a score of 0 to 13 points and shall be off-color or one unit in a container Is slices, or whole, not more than 10 per- permitted to possess such color: Pro- not be graded above Substandard or cent, by count, of the units may possess Substandard Solid-Pack, whichever is vided, That in all the containers com- "reasonably good color"; or one unit In prising the sample such units do not applicable, regardless of the total score a container is permitted to possess for the product (this is a limiting rule). exceed an average of 5 percent of the "fairly good color": Provided, That in total number of units; and § 52.2577 [Amended] all containers comprising the sample (2) In the style of diced or mixed 3. Change § 52.2577 as follows: Change such units do not exceed an average of of the total number of units; pieces of Irregular sizes and shapes, not the footnote designation preceding 16- 10 percent more than 5 percent, by weight, of the 17 score points opposite (B) for the fac- and the style of diced or mixed drained peaches may consist of units that tor of color from "2" to "1." (2) In fail to meet the minimum color require- pieces of irregular sizes and shapes, not ments for Grade C or may be off-color: Subpart-U.S. Standards for Grades more than 10 percent, by weight, of the may possess "reasonably Provided, That- such units do not ma- of Canned Freestone Peaches drained peaches terially affect the appearance of the good color." product. The proposed amendments are as (c) (B) Classification. Canned free- follows: (e) (SStd) and (SStd-SP) Classiflca- stone peaches that possess a reasonably. peaches and 1. Change § 52.2603(a) to read as good color may be given a score of 16 or tion. Canned freestone follows- canned "solid-pack" freestone peaches 17 points. Canned peaches that fall Into that fail to meet the requirements of § 52.2603 Grades of canned freestone this classification shall not be graded peaches. above U.S. Grade B, regardless of the paragraph (d) of this section may be given a score of 0 to 13 points and shall Grade A" or "'U.S. Fancy" total score for the product (this is a (a) "U.S. rule). "Reasonably good color" not be graded above Substandard or is the quality of halves, quarters, slices, limiting Substandard Solid-Pack, whichever is or whole canned freestone peaches means that the canned freestone peaches diced, possess a reasonably bright color that applicable, regardless of the total score that possess similar varietal character- for the product (this is a limiting rule), istics; that possess a normal flavor and may fail to meet minimum color require- odor, that possess a good color, that are ments for Grade A but is equal to or § 52.2616 (Amended] practically free from defects, that pos- better than pale yellow; that the units free from any slight 3. Change § 52.2616 as follows: Change sess a good character, and that for those are practically the footnote designation preceding 16-17 fhctors which are scored in accordance brown color due to oxidation which color score points opposite (B) for the factor with the scoring system outlined in this may no more than slightly affect the of color from "2" to "1." subpart the total score is not less than appearance or edibility, or both, of the 90 points: Provided, That halves, quar- product; and that there may be present Dated: July 21, 1967. units which possess "fairly good color" as ters, slices, diced,, or whole canned G. ,. GRANoG, freestone peaches may be reasonably follows: -Inthe styles of halves, quarters, Deputy Administrator, uniform in size and symmetry, and may (1) Marketing qervices. possess a reasonably good character, If slices, or whole, not more than 10 per- the total score is not less than 90 points. cent, by count, of the units may possess [P.R. Doc. 67-8684; Filed, July 25, 1007; * * * * * "fairly good color"; or one unit in a con- 8:50 San.]

-FEDERAE.R!GISTER, VOL 32, WO, Y43--WEDNESDAY, JULY 26, 1967 PROPOSED RULE MAKING 1093-7

Aviation Regulations as hereinafter set consideration. The proposal contained in DEPARTMENT OF forth: this notice may be changed In the light .In § 71.181 (32 P.R. 2148). the follow- of comments received. TRANSPORTATION ing transition area is amended to read: The Asheboro transition area would, OT2rrzM, N=. be designated as: Federal Aviation Administration That airspace extending upward from 700 That airspace extending upward from feet above the surface within a 8-mile radius [14 CFR Part 71 1 700 feet above the surface within a 5-mile of the Asheboro Municipal Airport (latitude radius of OTelM Ifunilpal Airport (latitude 35"39'18" H. longitude 79153'41" W.). [Airspace Docket No. 67-CE-881 42*28"00" N., longitude 98142'0'"W.); and of the Oelil TRANSITION AREA within 2 miles each side The proposed transition area is re- VORTAC 315' radial, extending from the quired for the protection of IER opera- radius area to 12 miles northwest of Proposed Alteration 5-mile tions at the Asheboro Municipal Airport. the VORTAC; and that airspace extending pro- upward from 1.200 feet above the surface A prescribed instrument approach The Federal Aviation Administration within a 17-mile radius of ONeill VORTAC cedure to this airport utilizing the is considering amending Part 71 of the extending clockwise from the north edge of Greensboro VORTAC is proposed in con- Federal Aviation Regulations so as to V-100 to the northwest edge of V-148; and junction with the designation of this alter the transition area at O'Neill, Nebr. within 7 miles north and 10 miles south of transition area. Interested persons may participate in the O'Neill VORTAC 273* and 0930 radials, The official docket will be available extending from 20 miles west to 9 miles east for examination by Interested persons the proposed rule making by submitting of the VORTAC. such written data, views or arguments at the Southern Regional Office, Federal as they may desire. Communications (Sec. 307(a). Federal Aviation Act of 1958; Aviation Administration, Room. 724, 3400 should be submitted in triplicate to the 49 U.S.C. 1348). Whipple Street, East Point, Ga. Director, Central Region, Attention: Issued at Kansas City, Mo., on July 10, This amendment is proposed under Chief, Air Traffic Division, Federal Avia- 1967. section 307(a) of the Federal Aviation tion Administration, Federal Building, DANIEL E. BAmRow, Act of 1958 (49 U.S.C. 1348(a)), 601 East 12th Street, Kansas City, Mo. Acting Director,Central Region. Issued In East Point, Ga., on July 17, received with- 64106. All communications [F.R. Doc. 67-8673; Piled July 25, 1967; 1967. publication of this notice in 45 days after 8:49 am.] JABIES G. ROGxs, in the FEDERAL REGISTER will be con- Director,Southern Region. sidered before action is taken on the DC. 67-8679; Piled. July 25, 1967; proposed amendment. No public hearing [P.R. am.] is contemplated at this time, but arrange- [14 CFR Part 71 1 8:50 ments for informal conferences with [Airspace Docket No. 67-SO-701 Federal Aviation Administration officials may be made by contacting the Regional TRANSITION AREA Air Traffic Division Chief. Any data, FEDERAL TRADE COMMISSION views or arguments presented during Proposed Designation [16 CFR Part 500 1 submitted such conferences must also be The Federal Aviation Administration in writing in accordance with this notice REGULATIONS UNDER FAIR PACK- is considering an amendment to Part 71 part of the recdrd AGING AND LABELING ACT in order to become of the Federal Aviation Regulations that consideration. The proposal con- for the Asheboro, .N.C, Extension of Time for Comments tained in this notice may be changed in would designate transition area. the light of comments received. The Federal Trade Commission's pro- Interested persons may submit such A public docket will be available for posed mandatory regulations on the Fair written data, views or arguments as they examination by interested persons in the Packaging and labeling Acb was pub- may desire. Communications should be Office of the Regional Counsel, Federal Usbhedin the F RAmTR of June 27, submitted in triplicate to the Area Man- 1967 (32 F.. 9109). The closing date Aviation Administration, Federal Build- Attention: ing, 601 East 12th Street, Kansas City, ager, Atlanta Area Office, for submission of written comments Chief, Air Traffic Branch, Federal Avia- Mo. 64106. under that notice was 30 days from. the tion Administration, Post Office Box date of its publication. A public instrument approach proce- 20636, Atlanta, Ga. 30320. All communi- Notice is hereby given that the Com- dure has been developed to serve the cations received within 30 days after The mission has extended the closing date O'Neill, Nebr., Municipal Airport. publication of this notice In the Frnmm for submission of written views concern- present transition area designation in REGISTER will be considered before action provide ing the proposed mandatory regulations this terminal area- does not is taken on the proposed amendment. on the Fair Packaging and Labeling Act adequate controlled airspace protection No hearing is comtemplated at this time, until August 28, 1967. for aircraft executing the newly devel- but arrangements for informal confer- pro- oped public instrument approach ences with Federal Aviation Administra- Issued: July 20, 1967. cedure. In order to provide this protection tion officials may be made by contacting By the Commission. it is necessary to alter the O'Neill transi- the Chief, Air Traffic Branch. Any data, tion area. views or arguments presented during (sEAL] JosMnI W. SHEA, In consideration of the foregoing, the such conferences must also be submitted Secretary. Federal Aviation Administration pro- in writing in accordance with this notice [P. Dce. 6T-8627; Plled. July 25, 1967; poses to amend Part 71 of the Federal in order to become part of the record for 8:45 am.]

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 10938

Notices

Done at Washington, D.C., this 20th cent swamp land within the meaning of DE-PARTMENT OF AGRIC-ULTURE day of July 1967. the Swamp and Overflowed Lands Act of Office of the Secretary_ ORVILLE L. FREEmAN, September 28, 1850. Title to the lands Secretary of Agriculture. inured to the State of Florida as of that COLORADO, MICHIGAN, MISSOURI, date, and the lands are therefore [P.R. Doc. 67-8626; Filed, July 25, 19671; open NEBRASKA 8:45 am.] only to application by the State of lor- ida under the 1850 Designation of Areas for Emergency Act. They will not be open to any other applications for use Loans or disposition under the public land laws, For the purpose of making emergency DEPARTMENT OF HEALTH, EDU- Including the mining and mineral leasing loans pursuant to section 321 of the Con- laws. solidated Farmers Home Administration CATION, AND WELFARE The lands are described as follows: Act of 1961 (7 U.S.C. 1961), it has been T. 24 S., R. 36 E., Tallahassee meridian, determined that in the hereinafter- Food and Drug Administration Florida, named counties in the States of Colorado, [Docket No. FDC-D-103; NDA No. 12-268 Sec. 24, SSE!/4, lots 6, 7, 8, and 0: Michigan, Missouri, and Nebraska nat- et al.] Sec. 25, N4NE/ 4, lots 6, 7, 8, 9, and 10; ural disasters have caused Sec. 36, lot 5. a need for PUREX CORP. T. 24 S., R. 37 E., Tallahassee meridian, agricultural credit not readily available Florida, from commercial banks, cooperative Cutitone Acne Cream and All Other Sec. 19, lot 8; lending agencies, or other responsible Drugs for Human Use Containing Sec. 30, lots 9 and 10; sources. Sec. 31, lot 8. O Bithionol; Notice of Opportunity COLORADO for AdamM.Adams. Hearing Containing an aggregate of 401.67 MhCHGAN Correction acres. All Antrim. inquiries relating to these lands Ocean . In F.R. Doe. 67-8300, appearing at should be sent to the Manager, Eastern Charlevoix. Sanllac. page 10615 of the issue for Wednesday, H1uron. Van Buren. States Land Office, Bureau of Land Man- Mason. July 19, 1967, the matter of the first para- agement, Silver Spring, Md. 20910. Mrssouni graph which precedes item (1) should read as.follows: JOSEPH P. HAGAN, Franklin. Pettis. Notice is hereby given Acting Manager,Land Offce. Monroe. to the Purex Warren. Corp., Wilmington, Calif. 90746, and to [F.R. Doc. 67-8620; Filed, July 25, 1067; NEBRASKA any -interested person who may be ad- 8:45 am.] Cedar. McPherson. versely affected, that the Commissioner Dixon. Pawnee. of Food and Drugs proposes to issue an Douglas. Sarpy. order under the provisions of section -DEPARTMENT Lincoln. Saunders. 505(e) (21 U.S.C. 355(e)) of the Federal OF Logan. Washington. Food, Drug, and Cosmetic Act * * * Pursuant to the authority set forth TRANSPORTATION above, emergency loans will not be made in the above-named counties after June Office of the Secretary 30, 1968, except to applicants DEPARTMENT OF THE INTERIOR who pre- DELEGATION OF viously received emergency or special Bureau of Land Management AUTHORITY AND livestock ALLOCATIONS AND PRIORITIES FOR loan assistance and who can [ES-0929; Survey Group 142] qualify under established policies and TRANSPORTATION DURING RAIL procedures. FLORIDA STRIKE Done at Washington, D.C., this 20th Notice of Filing of Plats of Survey Notice of Termination day of July 1967. JULY 20, 1967. Notice Is hereby given that the Secre- ORVILLE L. FREEMAN, The plats'of dependent resurvey and Secretary. tary of Transportation hereby termi- extension survey, including lands er- nates the requests of, and delegation of [P.R. Dc. 67-8625; Filed, July 25, 1967; roneously omitted from the original sur- authority to, the Secretary of Commerce, 8:45 am.] vey and the survey of islands in secs. 19, the Chairman of the Interstate Com- 24, 25, 30, 31, and 36, T. 24 S., Rs. 36 and merce-Commission, and the Chairman 37 E., Tallahassee meridian, Florida, of the Civil GENERAL Aeronautics Board, made COUNSEL were accepted on June 26, 1967. The two under the authority of Executive Order Delegation of Authority plats will be officially filed in this Office 11362, and published in the FEDERAL effective at 10 aam., on August 28, 1967. REGISTER on July 18, 1967 (32 P.R. The delegation of authority at 30 F.R. The-plat of the same area, accepted on 10521). January 26, 1966, was canceled on 8722 (July 9, 1965), relating to the settle- (Sec. 101(a), Defense Production Act of ment of claims under the provisions June 26, 1967. 1950, as amended (50 U.S.C. of The character of the lands omitted App. 207(a)); the Military Personnel and Civilian Em- Executive Order 10480; Executive Order from the original surveys and included 11362; see. 4(a), Department of Transporta- ployees' Claims Act of 1964, as amended, in these surveys is similar in every re- tion Act (80 Stat. 933) ) 31 U.S.C. 240-243, is amended by adding spect to the lands included in the sur- the following sentence: "The General veys of 1859. They were above ordinary Issued in Washington, D.C., on July Counsel may redelegate, in whole or in high-water elevation in 1845, when Flor- 19, 1967. ida was part, to other attorneys in the admitted into the Union, and ALAN S. BOYD, Office of therefore have.the status of public lands. Secretary of Transportation. the General Counsel authority to deter- All subdivisions of sections surveyed [P.R. Doc. 67-8681; Filed, July 25, 1907; mine, settle, and pay such claims." herein are classified as being over 50 per- 8:51 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 143-WEDNESDAY, JULY 26, 1967 NOTICES 10939

1. That ordering paragraph 1 of Order spiracy to monopolize or to attempt to CIVIL AERONAUTICS BOARD E-24935 be and it hereby Is amended to monopolize the business of banking in [Docket No. 18694] read: any part of the United States, or (2) any 1. That an Investigation to be known other proposed acquisition or merger or AEROLINEAS ARGENTINAS as the Bermuda Service Investigation be. consolidation under this section whose and It hereby is, Instituted in Docket effect in any section of the country may Notice of Hearing 18361, pursuant to sections 204(a) and be substantially to lessen competition, Notice is hereby given, pursuant to 401(g) of the Federal Aviation Act of or to tend to create a monopoly, or which the.provisions of the Federal Aviation 1958, as amended, to determine whether In any other manner 'would be in re- Act of 1958, as amended, that hearing in the public convenience and necessity restraint of trade, unless it finds that the the -above-entitled proceeding is assigned quire the alteration, amendment or anticompetitive effects of the proposed to be held on August 4, 1967, at 2:30 p.m., modification of carrier authorizations so transaction are clearly outweighed in the e.d.s.t., in Room 911, Universal Building, as to certificate one or more air carriers public interest by the probable effect of Connecticut and Florida Avenues NW., to provide foreign air transportation be- the transaction in meeting the conven- Washington, D.C., before the under- tween the coterminal points Chicago, De- lence and needs of the community to be signed examiner. troit, Boston, New York/Newark, Phila- served. Dated at Washington, D.C., July 19, delphia, Washington, Baltimore, and Section 3(c) further provides that in Washington-Baltimore, on the one hand, every case, the Board shall take into con- 1967. - and the terminal point Bermuda, on the sideration, the financial and managerial [SEAL] JOSEPH L. FTZMAURICE, other hand; resources and future prospects of the Hearing Examiner. 2. That ordering paragraph 4 of Order company or companies and the banks [F.R. Doc. 67-8635; Filed. July 25, 1967; E-24935 be and It hereby Is amended to concerned, and the convenience and 8:46 anm.] read: needs of the community to be served. 4. That -the following applications or Not later than thirty (30) days after parts thereof, to the extent they conform the publication of this notice in the FED- [Docket No. 18792] to the scope of this proceeding, be and EAL REas=rr, comments and views regarding the AIRWAYS, LTD. they hereby are consolidated with Docket proposed acquisitions .may TORONTO 18361: Allegheny, Amendment No. 1 to be filed with the Board. Communications Notice of Hearing Docket 18458; Braniff, Amendment No. should be addressed to the Secretary, 1 to Docket 18452; Delta, Amendment No. Board of Governors of the Federal Re- Notice is hereby given, pursuant to the 2 to Docket 18435; Eastern, Amendment serve System, Washington, D.C. 20551. provisions of the Federal Aviation Act of 1958, as amended, that hearing in the No. 4 to Docket 16093; National, Amend- Dated at Washington, D.C, this 18th ment No. 1 to Docket 18451; Northeast, day of July 1967. above-entitled proceeding is assigned to Amendment No. 1 to Docket 18449; be held on July 27, 1967, at 10 am., Northwest, Amendment No. 2 to Docket By order of the Board of Governors. e.d.s.t., in Room 911, Universal Build- 18453; Pan American, ing, Connecticut and Florida Avenues Docket 15819; and [sEAl MEarrT SHEMIAN, Trans Caribbean, Amendment No. 3 to Secretary. NW., Washington, D.C., before the un- Docket 15974. dersigned examiner. [P.. Doc. 67-8618; Piled, July 25, 1967; 3. That this order be published in the 8:45 am.] Dated at -Washington, D.C., July 19, FEDERAL REGISTER. 1967. By the Civil Aeronautics Board: [sEAL] JOSEPH L. F:ErAuRICE, Hearing Examiner. [SEAL] HAROLD R. SAmxnasoN, Secretary. ATOMIC ENERGY COMMISSION [P.R. Doc. 67-8634; ,-led, July 25, 1967; [DocketNo. 50-2661 8:46 am.] [P.R. Doc. 67-8737; FlIed, July 25, 1167; 8:51 a.m.] WISCONSIN MICHIGAN POWER CO. [Docket No. 18361] Notice of Issuance of Provisional Construction Permit BERMUDA SERVICE INVESTIGATION FEDERAL RESERVE SYSTEM Notice is hereby given that, pursuant Amended Order of Consolidation BARNETT NATIONAL SECURITIES to the Initial decision of the Atomic CORP. Safety and Licensing Board, dated July Adopted by the Civil Aeronautics 18, 1967, the Director of the Division of Board at its office in Washington, D.C. on Notice of Applications for Approval Reactor Licensing has Issued Provision- the 12th day of July 1967. of Acquisition of Shares of Banks al Construction Permit No. CPPR-32 to By Order E-25254, dated'June 6, 1967, Wisconsin Michigan Power Co. for the the Board, inter alia, amended its origi- Notice is hereby given that applica- construction of a pressurized water nu- nal order of investigation, Order E-24935, tions have been made to the Board of clear reactor on the applicant's site to include Philadelphia as a coterminal Governors of the Federal Reserve System which is located in the town of Two point. Applicants wete given until June. pursuant to section 3(a) of the Bank Creeks, Manitowoc County, Wis. The re- 20, 1967, to amend their applications to Holding Company Act of 1956 (12 U.S.C. actor, known as the Point Beach Unit serve Philadelphia. 1842(a) ), by Barnett National Securities No. 1, is designed for initial operation at Amendments to designate Philadelphia Corp., which is a bank holding company approximately 1,396 thermal megawatts. as a coterminal point and motioni to con- located in Jacksonvlle, Fla., for the prior A copy of the initial decision is on file approval of the Board of the acquisitions In the Commission's Public Document solidate were filed by Allegheny, Amend- by Applicant of 80 percent or more of ment No. 1 to Docket 18458; Braniff, Room, 1717 H Street NW., Washington, the voting shares of each of the Ameri- D.C. Amendment No. 1 to Docket 18452; Delta, can National Bank & Trust Co. in Winter Amendment No. 2 to Docket 18435; Haven, Winter Haven, Fla., and the Dated at Bethesda, Md., this 19th day -Eastern, Amendment No. 4 to Docket American National Bank In Cypress of July 1967. 16093; National, Amendment No. 1 to Gar- dens, Cypress Gardens, Fla. For the Atomic Energy Commission. Docket 18451; Northeast, Amendment Section 3(c) of the Act provides that No. 1 to Docket 18449; Northwest, the Board shall not approve (1) any ac- PETER A. Moans, Amendment No. 2 'to Docket 18453; and quisition or merger or consolidation Director, Trans Caribbean, Amendment No. 3 to under this Division of Reactor Li ensng. Docket 15974. section which would result in a monopoly, or which would be in [P.R. Doc. 67-8617; Piled. July 25, 1967; Accordingly, it is ordered: furtherance of any combination or con- 8:45 am.]

FEDERAL REGISTER, VOL. 32, NO. 143-WEDNESDAY, JULY 26, 1967 10940 NOTICES

service authorization to operate addition- CIVIL SERVICE COMMISSION al hours from 6 a.m., e.s.t., to sunrise New York, N.Y., and from sunset Minne- ELECTRICIANS ET AL. apolis, Minn., to 10 pam., e.s.t. In re applications of City of New York Notice of Manpower Shortage Municipal Broadcasting S y st em Under the -provisions of 5 U.S.C. 5723, the Civil Service Commission has found (WNYC), New York, N.Y., Docket No. that there is a manpower shortage for the following positions: 17588, File No. BP-16148; has: (a) 830 kc, 1 kw, DA, L-WWCO, Class II; and Series, code and grade Positin Location Effective (b) special service authorization to op- date erate additional hours from 6 a.m., e~s.t., to sunrise New York, N.Y., and from sun- Wage board positions. Electrician, Electronics Mechanic, City of Philadelphia, Pa------Oct. 7,1966 set Minneapolis, Minn., to 10 pm., e.s.t.: Fire Control Mechanic, Sheet kc, Metal Worker, Joiner, Boiler- requests: 830 50 kw, DA-2, Specified maker, Pipefitter, -Toolmaker, hours (6 aim., es.t., to 10 pan., e.s,t.), Instrument Mechanie (Electrical). Class II; and Midwest Radio-Television, WB-n------Electronics Mechanic (Ordnance).. Naval facilities In Keyport, Bangor, Oct. 26,1966 WB-12 ...... Electronics Meehanic. Bremerton, Wash. Inc. (WCCO), Minneapolis, Minn.; has: Wage board positions.. Machinist (farine) ------Naval facilities in Keyport, Bremer- Nov. 14,1966 830 k, 50 kw, U, Class I-A; requests: 830 Machinist (Maintenance), ton, Wash. kc, 750 kw, DA-N, U, Class I-A; for con- W-5407-10 1------ower Plant Contrlman ------Adak, Alaska ------an. 26,1967 Journeyman ------Toolmaker ------Puget Sound Naval Shipyard, Mar. 20,1967 struction permits. Bremerton Wash. 1. The Commission has before it for Wage board positions. - Pipefitter, Machinist (Marine), Elec- Portsmouth Naval Shipyard, Ports- Apr. 28,1967 trician Radio Mechanic. mouth, N.H. consideration: (a) The above-captioned GS-1020-7 t ------Medical istrator ------William Beaumont General Hospl- Nov. 4,1966 and described applications;' (b) a peti- tal, El Paso, Ter. GS-110-141 ------Regional Economist ...... ------Department of the Army, Lower Dec. 5,1968 tion for reconsideration, flied by Midwest Mississippi Valley Division Corps Radio-Television, Inc. ("WCCO"), ob- of Engineers, Vicksburg, Mdiss. jecting to the Commission's memoran- GS-110-131 ------Economist ------Department of the Army, Lower Ian. 13,1967 Mississippi Valley Division Corps dum opinion and order in Docket No, of Engineers, Vicksburg, B ss. 11227, adopted November 17, 1965 (1 FCC GS-334-912 .------Dital Computer, Programer, Digi- Internal Revenue Service U S Feb. 9,1967 tl Computer, Systems Analyst. Treaury Department, Detroit, 2d 1370, 6 RR 2d 455), accepting the City ,,ch. of New York Municipal Broadcasting GS-1670-111 ------EquipmentSpeclallst(Eiectronics)-. Columbus Air Force Base, Colum- Feb. 10,1967 bus. Miss. System ("WNYC") construction permit GS-188-6/9 ------Recreation Specialist (all options)... Fort Leonard Wood, Mo ------Feb. 24,1967 application for filing; (c)a petition by GS-662-111 ------OptometrL-.. - ---- U.S.GaUL Naval Air Station, Alameda, Mar. 29,1967 WCCO for waiver of the rules to permit 0-018-11, ------Safety Offieer . . . ..------Adak, Alaska ------Apr. 13,1967 acceptance of Its construction permit GS-2181-111 ------Test PilotiSpeciallst ------John F. Kennedy International Apr. 2!,1967 application; (d) a WNYC pleading en- Airport, Jamaica, N.Y. GS-69-5111 ------Blind Rehabilitation Specialist (all Veterans Administration Hospital, May 1,1967 titled, "Motion To Strike WCCO's Peti- options). Palo Alto and Menlo Park Calif. tion for Waiver of the Rules, To Return GS-65-10 ------Speech Pathologist.....------Veterans Administration dospital, May 25,1967 Louis, Mo. the Accompanying Application, and for St. Other Relief"; (e) a petition, filed by is filled. Hubbard Broadcasting, Inc. (licensee of I This finding will terminate when the position standard broadcast Station KSTP, St. Appointees to these positions may be paid for the expenses of travel and trans- Piul, Minn.), for denial of WCCO's con- portation to their first duty station. struction permit application; (f) in- UNITED STATES CIVIL SERVICE COMMISSION, formal objections to the proposed WCCO [SEAL] JAimzS C. SPRY, 750 kw operation by the Buckley-Jaeger Executive Assistant to the Commissioners. Broadcasting Corp. of Minnesota (11- [F.R. Doc. 67-8639; Plied, July 25, 1967; 8:46 a.m.] ,censee of standard broadcast Station WWTC, Minneapolis, Minn.), and the North Dakota Broadcasters' Association; and (g) related pleadings, affidavits et al. So ordered. 2. At the outset of its petition for re- FEDERAL COMMUNICATIONS Issued: July 20, 1967. consideration, WCCO asserts that it pre- Released: July 21, 1967. sents arguments therein which for the COMMISSION FEDERAL COMMHYNICATIONS first time go to the merits of WNYC'8 construction permit application and ac- [Docket No. 17378; FCC 6"1-1207] ComnSSION, [SEAL] BEN F. WAPLE, companying request for waiver, rather Secretary. than merely to their alleged procedural CABLE VISION, INC. deficiencies. WCCO acknowledges that its Order Scheduling Hearing [F.R. Doc. 67-8640; Filed, July 25, 1967; substantive arguments were not previ- 8:46 axa.] ously presented only because WCCO In re petition by Cable Vision, Inc., chose to go forward Initially on proce- Lewiston and Auburn, Maine, Docket No. IDocket Nos. 11227, 17588; FCC 67-825] dural grounds alone, In hopes that, at its 17378, File No. CATV 100-20; for author- request, we would divide our threshold ity pursuant to § 74.1107 of the rules to CITY OF NEW YORK MUNICIPAL determination, as to the acceptability operate CATV systems in the Portland- BROADCASTING SYSTEM (WNYC) of the WNYC application for filing, into Poland Spring television market. AND MIDWEST RADIO-TELEVISION, two stages: first a decision regarding pro- INC. (WCCO) cedural deficiencies, and then, If neces- At a conference held tolay the Ex- sary, after submission of further plead- aminer explained to the parties that his Memorandum Opinion and Order ings, a decision on the substantive order vacating the then scheduled hear- Designating Application for Hear- ing date (FCC 67M-1135) was necessi- ing and Modifying Issues 2 The Midwest Radio-Television, Inc., con- tated by conflict in his own calendar. Un- struction permit application wn tendered in In re application of City of New York the form of an amendment to a previously der the circumstances, all parties agreed Municipal Broadcasting System tendered developmental station application that hearing in this matter would be (WNYC), New York, N.Y., Docket No. for authority to operate WCCO(AM), Minne- scheduled for September 6, 1967. 11227, File No. BSSA-226; for special apolis, Minn., with 750 k%7.

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 NOTICES 10941

merits. This explapation does not con- or even greater protection than at pres- thereon, as compared with other alterna- stitute sufficient warrant for the presen- ent. The parties should consider this pos- tives which it should have explored-we tation of new arguments at this time. sibility In connection with the regular find, first, that WCCO has failed to sub- Nonetheless we will consider them, treat- application to be filed by WNYC." This mit specific evidence sufficient to raise a ing WCCO's petition for reconsideration, -suggestion'to W1YC by the Commission substantial question as to whether WNYC to the extent that it raises new substan- was quite obviously made in recognition misused the Commisslon's above-cited tive arguments, as if it were a petition to of the size of New York City with Its invitation by refraining from considera- deny. seven and a half million residents, and tion of alternative transmitter-antenna 3. Apart from its particular opposi- the possibility that service could be Im- sites from which it could, with lower. tion to WNYC's 50 kw proposal, WCCO's proved. The phrase, "The parties should power, adequately serve New York area petition for reconsideration expresses the consider this possibility," was hardly in- residents and, at the same time, provide petitioner's long-standing opposition to tended to give WCCO any veto power, sufficient protection to WCCO et al.; and, any pre-sunrise or nighttime broadcast but rather reflected the hope that con- second, that unless WTNYC's proposed service by WNYC, whether regularly II- sultation between WNYC and WCCO daytime operation at the Staten Island censed or pursuant to a year-to-year might result in a mutually satisfactory site would adversely affect existing special authorization; whether conduct- proposal. broadcast operations or seriously preju- ed with WNYC's present facilities, equip- 7. Regarding WCCO's contention that dice future consideration of the 820 and ment, and site, or those now prop6sed. -WNYC's proposed 50 kw operation would 840 kilocycle Class I-A channels, there The petition's arguments regarding that constitute an inefficient use of the chan- would seem to.be no particular advan- may be viewed as a summary presenta- nel, WCCO will be given every opportuni- tage in obligating WNYC to maintain tion of WCCO's position on the basic ty in hearing to develop Its case. For separate transmitter-antenna systems at question of whether the public interest that purpose, an issue will be specified two different sites. For these reasons, would be better served by (i)a continua- to determine whether, because of the this objection will not be further tion of WNYC broadcast service from 6 interference received, the proposed entertained. am., es.t., to sunrise New York City and nighttime operation of Station WNYC 11. In addition to the foregoing, an from sunset Minneapolis to 10 pm., es.t., would be inconsistent with the require- Issue will be specified concerning the na- or (ii) a removal of the interference that ments of the note to § 73.24(b) of the ture and character of the program serv- such WVNYC broadcast service has, for -Commission's rules and, If so. whether Ices respectively proposed to be rendered the past 23 years; caused to a portion of circumstances exist which would war- by WNYC and WCCO. This issue is in- WCCO's 0.5 mv/m-0 percent skywave rant a waiver of that section. tended to encourage the submission of secondary service area. WNYC holds one 8. Regarding WCCO's second subpoint, evidence designed to facilitate an evalu- view; WCCO holds another. Our inten- WNYC has submitted an engineering ation of the importance of WNYC's day- tion is to refrain from judgment on the study in support of Its contention that time and nighttime programing to resi- matter until we have had an opportunity interference with WCCO's nighttime dents of Its primary service area, in the to fully consider the detailed evidence secondary service would be substantially light of competing available services; and arguments contained in the final reduced, and that daytime radiation to- and. similarly, an evaluation of the im- record of the proceeding in Docket 11227. ward WCCO would be reduced as well, portance of WCCO's programing, during 4. In addition to the foregoing, WCCO by the substitution of Its proposed 50 kw the hours of interference, to residents of objects to our acceptance of WNYC's operation; WCCO has thus far chal- that part of Its 0.5 mv/M-50 percent 50 kw proposal on two general grounds: lenged that study only with a general skywave secondary service area in which First, that the proposal is so inconsistent statement' which It attributes to the It would suffer interference from WNYC. with established Commission allocation Commission but for which It supplies 12. WCCO also alleges that the proce- policies as not even to warrant accept- neither adequate cltation (other than a dures adopted by the Commission in con- ance for fing, and, second, that the docket number) nor a clear explanation nection with Its acceptance of the WNYC manner of acceptance of WNYC's pro- of its specific application to the matter 50 kw application "unfairly discriminate posal was unfair, violative of due proc- at hand. in favor of WNYC and violate due process, and discriminatory. 9. It is conceivable that the WNYC ess." In support of that allegation WCCO 5. In support of the first of these 50 kw proposal would cause more dam- attacks the Commission's rectitude in age to existing cochannel or other broad- (I) accepting WVNYC's daytime proposal; grounds, WCCO contends that WNYC's cast operations, and potential adjacent- (11) deciding, in Its October 24, 1963, re- proposed 50 kw operation would con- channel operations, than appears on the mand memorandum opinion and order, stitute an inefficient use of the channel; basis of the'evdence submitted thus far. to consolidate consideration of the then- that it would cause "substantially the That, however, remains anticipated WNYC construction permit same destruction of WCCO's service" as to be shown; and WCCO will be given every opportunity, application with its then-pending SSA does the present operation (petition, par. application in the proceeding in Docket 12) or increase as a party to the proceeding, to bring interference to WCCO evidence and arguments to the Commis- No. 11227; (1iD allowing a cutoff period (id., par. 13(iv)); and that WNYC has slon's attention to persuade It that that is of "only" 40 days after acceptance of the failed to demonstrate that it needs, either so. Appropriate hearing WNYC construction permit application; for daytime or nighttime operation, the Issues will be specified for that purpose. These will (iv) indicating in the cutoff public notice increase in- to 50 kw which it seeks. clude, inter alla, issues to determine the that applications for "substantially the 6. With respect to all three of these extent to which the WNYC proposal same facilities" as those sought by WNYC subsidiary arguments, it should be noted, would cause interference to WCCO or would be accepted during the cutoff pe- first of all, that the W1NYC presunrise other existing standard broadcast sta- riod; and (v) not calling up WC's reg- and nighttime proposal-assuming that tions, whether the proposal would seri- ularly licensed operation for renewal. it provides at least as much protection to ously prejudice future consideration of 13. The Commison's reason for ac- WCCO as does WNYC's present opera- the 820 and 840 kilocycle Class I-A chan- cepting the WNYC daytime proposal for tion--is clearly within the scope of the nels, and, in addition, issues to determine filing is explained in paragraph 10 supra. Commission's invitation. On October 24, whether the site is satisfactory, and The issues to be specified in this order 1963, the Commission adopted a memo- whether the array can be adJusted and have been designed to give WCCO full randum opinion and order in Docket No. maintained10. as proposed. opportunity to submit evidence, in hear- 11227 which called upon WVNYC to sub- As for WCCO's contention that lng, as to the alleged undesirability of a mit a construction permit application for WNYC has failed to demonstrate the grant of the WNYC daytime proposal. regularly licensed operation from 6 am. superiority of the proposed site, and 50 14. WCCO's objection to that portion to 10 pm., e.s.t., and which stated, re- kw daytime and nighttime operations of our October 24,'1963, memorandum garding that: "[Tlhere is a possibility opinion and order which provides for that should WNYC operate nighttime in SI.e., that a reasonably accurate preictcUon consolidated consideration of the WVNYC a manner somewhat different than at of actual radlation requires adding 10 per- special service authorization and con- present, it conceivably could utilize high- cent of the EMS or ESS field strength to the struction permit applications is both un- er power and still afford WCCO as much theoretical field In any direction. timely and unwarranted. Consolidated

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 No. 143----6 10942 NOTICES

consideration of matters Involving com- circumstances, to especially encourage have no doubt that A grant of authority mon questions of law or fact is a com- applications competitive to VWNYC's by to WCCO to operate with 15 times as monplace occurrence in both administra- also requiring that WNYC concurrently much power as any other Commission- tive and Judicial procedure. It had no file, for consolidation with Its above- licensed standard broadcast station in adverse effect on WCCO whatsoever. As captioned applications, an application- the United States would enable WCCO for the possible effect on potential rivals for renewal of the broadcast license then to improve the quality and enlarge the for the facilities to be sought by WNYC, in its possession. Needless to say, any range of its broadcast signal. The Com- it should suffice to point out that potential applicants seeking to supplant mission has made It abundantly clear, WNYC's application was tendered on WNYC entirely, with a new station of however, that the matter of 750 kw clear March 16, 1964, and was not accepted for their own, could still file a competing channel licensing will not be settled on filing until November 17, 1965, just a application at WNYC's regular license- a piecemeal, case-by-case basis. The Is- year and a half later. Potential competi- renewal time. sues Involved, affecting as they do the tors thus had ample time, prior to ac- 17. WCCO's construction permit ap- entire fabric of ,tandard broadcast serv- ceptance of the WNYC application, to plication for 750 kw operation4 Is ac- ice in the United States, are too broad prepare rival applications for submis- companied by a petition for waiver of and far-reaching for such a haphazard sion This fact should also fully dispose the Commission's rules barring accept- approach to be permissible. Though the of WCCO's contention that our allow- ance of the application.! In support of its Commission has not formally acted thus ance of a 40-day cutoff period was in- request for waiver, WCCO Asserts that far on requests for the institution of sufficient. 750 kw operation by Station 'WCCO rule-making proceedings, this does not 15. WCCO objects to the words, "sub- would provide improved and expanded mean that the question of "superpower" stantially the same facilities," in the skywave and groundwave broadcast serv- has been lying fallow. The matter is "cutoff" public notice on the ground that ice to wide areas which now receive in- definitely under study at this time, and its plain intendment was to bar accept- sufficient service, and notes the-fact that If the pace of our preliminary explora- ance to all applicants except those in- the Commission has designated 830 kc as tion seems too slov for WCCO, we can terested in an assignment on 830 kco in one of the 12 frequencies on which it only urge It to reflect upon the com- New York City. This objection is singu- may, at some future time, authorize plexity of the issues involved. Regarding larly inappropriate. The Commission broadcast service with power in excess WCCO's con' ntion that failure to con- made it perfectly clear in its CleAr Chan- c' 50 kw. It points out that in 1963, sider its 750 kw proposal In the WNYC nel rule-making decision (report and WCCO (like otfer stations on those 12 proceeding would be prejudicial to the order in Docket 6741 (1961), 31 FCC 565, frequencits) filed a petition for institu- future prospects of that -proposal, note at paragraphs 75-76, and, adopted tion of rule-making looking towards 750 should be taken of the fact that the in- therein, Note 2 to § 73.25 of the rules) kw operation, that in 1964 it filed a 750 tent of the Clear Channel decision with that, with respect to the 830 kc frequency, kw developmental station application, respect to the "specific problem" con- immediate provision was being made and that the Commission has not yet cerning utilization of the 830 ko fre- only for consideration of a construction acted on either of these submissions. quency-as demonstrated by the discus- permit application for'a Class 33 station However, WCCO continues, in 1965 the sion In It of that frequency, and Note 2 to operating on 830 kc at New York, N.Y., Commission, did (over WCCO's objec- § 73.25 (a) of the rules -- was to give pri- during specified nighttime hours. tions) Accept for filing the above-cap- ority treatment to the question of regular 16. Exceptional treatment was given tioned WNYC application which would New York City 830 ke broadcast opera- to the question of 830 kc utilization because objectionable interference to a tions, In isolation from the question of large part of WCCO's present nighttime cause of the fact that WNYC, New York, possible impact upon potential higher- a nonrevenue, municipal-government secondary service area, and to an even larger part of WCCO's power operations by WCCO; and then, at operated broadcast station with program proposed service area. WCCO's proposed 750 kw operation, some later date, to consider the question service objectives different from those of it adds, would impose a high limitation of superpower on 830 kc in the light of, A commercial station, had been operating upon WNYC's proposed 50 kw nighttime among other things, the conclusions during certain presunrise and postsunset operation. Thus, WCCO argues, the reached in the WNYC proceeding. hours since 1943 pursuant to a year-to- WNYC and WCCO power-increase pro- 19. In view of the foregoing, the Com- year special service authorization-a posals are mutually exclusive; and, therefore, since the mission is unable to make the statutory makeshift arrangement which was un- Commission waived its rules to permit acceptance of the finding that a grant of the WNYC con- satisfactory to all concerned. In adopting WNYC application, failure to do the struction permit application would serve Note 2 to § 73.25 (then § 3.25), the Com- same for WCCO would be discriminatory the public interest, convenience, and ne- mission sought to provide for an ulti- and, in additon, would negate the Com- cessity, and is of the opinion that the mate regularization, one way or another, mission's previous decision to refrain application must be designated for hear- of WNYC's operating- schedule. Nothing generally from actions prejudicial to the possibility of future ing in the proceeding In Docket No. 11227 in either the governing statutes or the utilization of the 8?0 kc frequency by broadcast stations on the issues set forth below. Commission's own rules and practices with more than 50 kw of power. Accordingly, it is ordered, That, pur- obligated the Commission, under these 18. WCCO's petition for waiver, and suant to section 309(e) of the Communi- for acceptance of its 750 kw construction cations Act of 1934, as amended, the City 'WCCo criticizes the Commission's deci- permit application, will be denied.0 We saon to consolidate consideration of wNYC's of New York Municipal Broadcasting special service authorization and construc- ' Tendered in the form of an amendment to System application is designated for tion permit applications on the ground that a previously tendered developmental station hearing in the present proceeding in it prevented potential rivals of WVNYC from application for authority to operate WCCO Docket No. 11227 together knowing, prior to acceptance of the WNYC with 750 kw. with the application for filing, whether the Commis- I Cited in particular by WCCO are §§ 73.25 above-captioned amended application sion would accept any applications for the (a), 73.21(a) (1), 73.41, and 73.182(a) (1) of for extension of a special facilities sought by WNYC. service authori- In this argument, the Commission's rules. zation. WCCO would ecem to be accusing the Com- ' As indicated n note 1 supra, WCCO's mission of unfairness, discrimination, et al. construction permit "application" was ten- because the Commission adopted a procedure dered n the form of an amendment to a pre- 7 Clear Channel decision, pare. 75 and 760, which had the incidental effect of placing viously tendered WCCO 750 kw development and ordering clause 6.In particular, note tho potential rivals for the facilities sought by station application. Our decision to deny explicit statement, in the first sentence of WNYC in the same uncertain position, prior WCCO's request for waiver and to return its par. 76, that the clear channel decision Is not to our acceptance of the WNYC application, amendment will of course in no way change intended to have a prejudicial effect upon the that WNYC was in when it undertook to pre- the status of WCCO's previously tendered ultimate decisions in the WNYO adjudicatory pare its construction permit application. developmental station application. proceeding.

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 NOTICES 10M4

It is further ordered, That the issues served; and whether and to what extent licatlon of such notice as required by in the aforementioned proceeding are WCCO's programing, during the hours of §1.594(g) of the rules. modified 8 to read as follows: Interference to it from WNNYC. would Adopted: July 12, 1. To determine the areas and popula- meet special needs and nterests of rest- 1967. - tions which may be expected to gain or dents of those areas in which such inter- Released: July 21, 1967. lose primary service from the proposed ference would occur. FCEoAsCoUiX;CATONS (a) daytime, and -(b) presunrise and 8. To determine whether or not there postsunset, operations of WNYC and the is any unusual and temporary need for tSMIL BEN F. WAPI.E, availability of other primary service to the requested special service authoriza- . Seeretary. such areas and populations. tion, and if there is, the nature and ex- 2. To determine whether the proposals. tent thereof. [F.n. Doc. 67-8641: Piled. July 25, 1967; of the City of New York Municipal 9. To determine whether or not a 8:45 aSM4 Broadcasting System would cause objec- grant of either proposal would tend to- tionable interference to Station WCCO, wards a fair, efficient, and equitable dis- [Docket Hoe. 17200-17206; PCC 6=M-12061 or any other existing standard broadcast tribution of radio service among the stations, and, if so, the nature and extent several States and communities, as con- FETZER CABLE VISION ET AL. thereof, the areas and populations af- templated by section 307(b) of the Corn- Order Scheduling Further Hearing fected thereby, and the availability of munications Act of 1934, as amended. other primary and secondary service to Conference such areas 10. To determine which of the pro- and populations. posals would best serve the public In re petitions by Fetzer Cable Vision, 3. To determine whether, in light of Kalamazoo, Mich., Docket No. 17200, File the interference that it would receive, interest. 11. To determine, In the light of the No. CATV 100-12; Booth American Co, the proposed 50 kw nighttime operation North Muskegon, Muskegon, Muskegon of Station WNYC would be consistent evidence adduced with respect to the foregoing issues, which, if either, of the Township, Muskegon Heights, Norton with the requirements of the note to Township, and Roosevelt Park, Mich, § 73.24(b) of the Commission's rules and, applications should be granted. It is Docket No. 17201, Fle No. CATV 100-45; if not, whether circumstances exist further ordered, That the Midwest Allegan Tele-Ception Inc, , Alegan, which would warrant a waiver of that Radio-Television, Inc., 'etition for Re- consideration" Mip~h., Docket No. 17202, File No. CATV section. of our November 17, 1965, 100-116; for authority pursuant to 4 To determine whether the 50 kw memorandum opinion and order accept- § 74.1107 of the rules to operate CATV proposal of the City of New York Mu- ing for filing the City of New York Mu- nicipal Broadcasting System application systems in the Grand RapIds-Kalamazoo nicipal Broadcasting System would seri- Market ARB-36); et; a., Docket Nos. ously for a construction permit and prejudice futurd-consideration of amend- 17203, 17204, 17205, 17206, 17207, 17208. the 820 and 840 kilocycle Class I-A ment to an application for extension of ,channels. a special service authorization, Is denied. The 'Hearing Examiner is in receipt 5. To determine whether the 50 kw It is further ordered, That Midwest of a communication dated July 18, 1967, transmitter site-proposed by the City of Radio-Television from counsel for Allegan Tele-Ception, Inc.'s 'Petition for Inc., requesting a hearing conference in New York Municipal Broadcasting Sys- Waiver" of the rules concerning ac- this proceeding; -ternis satisfactory with particular regard ceptance of Its application for a con- to any conditions that may exist in the struction permit for 750 kw operation of It appearing, that good cause exists vicinity of the antenna system which standard broadcast Station WCCO, Min- why said request should be granted: would distort the proposed antenna radi- neapolls, Minn., is denied, and that the Accordingly. it is ordered, That there ation pattern. amendment tendered December 29, 1965, will be a further hearing conference in 6. To determine whether the City of to its 750 kw experimental application this matter on August L 1967, 10 am.. in New York Municipal Broadcasting Sys- shall be returned as unacceptable for the Commission's omces, Washington, tem will be able to adjust and maintain filing. D.C. the 50 kw directional antenna system as It is further ordered, That Midwest Issued: July 19, 1967. proposed in the instant application.. Radio-Televislon, Inc., is made a party 7. To determine the type and char- with respect to the above-captioned City' Released: July 21,1967. acter of the program services respec- of New York Municipal Broadcasting F DERaMLCOMMUNCATOS tively proposed to be rendered by Sta- System construction permit application. CwnssroN, tions WNYC and WCCO;-whether and It is further ordered, That the re- rsEAr] Bmr F. WAP , to what extent WNYC daytime and quests, petitions, et al. filed in this mat- Secretary. nighttime proposel programing, would ter are granted to the extent indicated [P.R. Doc. 67-8642: Filed, July 25, 1967; serve special needs and requirements of above, and are denied in all other re- 8:47 am.l the population and areas proposed to be spects. sFormer issue 7 (i.e., "To determine it is further ordered, That, to avail themselves of the opportunity [Docket No. 10834. etc.: FCC 67-7981 whether or not the proposed operation con- to be ,forms to and complies with the Pules and heard, the applicant and party respond- FLORIDA-GEORGIA TELEVISION CO., Riegulations of the Commission, including ent herein, pursuant to § 1.221(c) of the INC., ET AL the Standards of Good Engineering Practice Commission's rules, in person or by at- Concerning Standard Eroadcast Stations"). torney, shall, within twenty (20) days Memorandum Opinion and Order adopted Sept. 21, 1955. pursuant to a petition of the mailing of this order, file with the Designating, Applications for Con- to enlarge issues, has been deleted, on our Commission in triplicate, a written ap- solidated Hearing on Stated Issues own motion, in accordance with the Com- pearance stating an intention to appear mission's present policy favoring greater spec- ifzity of issues. In doing so, we note that on the date fixed for the hearing and In re applications of Florida-Georgia WCCO may at this time file a new motion to present evidence on the issues specified Television Co., Inc., Jacksonville, Fla., enlarge, change, or delete issues, pursuant in this order. Docket No. 10834. File No. BPCT-1624; to § 1.229 of the rules. Particular note iW' It is further ordered, That the appli- Community 'First Corp., Jacksonville, taken of paragraph (c) of that section, which cant herein shall, pursuant to section Fla., Docket No. 17582, File No. BPCT- provides that "Such mbtions * * * shall 311(a) (2) of the Communications Act 3681; The New Horizons Telecasting Co., contain specific allegations of fact sufficlent Inc., Jacksonville, Fla., Docket No. 17583, to support-the action requested * * * [and of 1934, as amended, and § 1.591 of the that] Such allegations of fact, except for Commission's rules, give notice of the File No. BPCT-3731; Florida Gateway those-of which officlal notice may be taken, hearing, within the time and in the shall be supported by affidavits of a person or manner prescribed in such rule, and 'Commisloners Bartleyt CoX, and T.oevin- persons having personal knowledge thereof'" shall advise the Comission of the pub- ger absent.

FEDERAL. REGISTER,- YOL .32, NO. 143-WEDNESDAY, JULY 26, 1967 10944 NOTICES station. To meet these requirements, the $1,891,800 will be required for the con- Television Co., Jacksonville, Fla., Docket and operation of the proposed No. 17584, File No. BPCT-3732; for con- applicant relies upon existing capital of struction $33,100, stock subscriptions of $100,000, station. The exact amount of cash re- struction permit for new television quired cannot be determined because the station. a bank loan of $2,000,000, for a total of broadcast $2,133,100. bank letter falls to set forth the terms 1. The Commission has before it for and conditions under which the loan Is consideration the above-captioned appli- (2) It appears that the applicant has $33,100 available to it in existing capital to be made. To meet these requirements, cations, each requesting a construction the applicant relies on existing capital permit for a new television broadcast and not more than $10,000 available in funds from financially qualified sub- of $17,171, a bank loan of $2 million, and station to operate on Channel 12, Jack- stock subscriptions of $107,892 for a total sonville, Fla. The applications are mu- scribers. Except for Mr. Ernest A. Allsopp, none of the other subscribers of $2,125,063. tually exclusive in that operation by the (2) It appears that the applicant has applicants as proposed would result in has submitted a balance sheet or financial statement as required by section TM, available to it, $17,171, in existing capi- mutually destructive interference. tal. None of the proposed stockholders 2. The Commission also has before it paragraph 4(d), FCC Form 301.' The letter from the Florida National Bank of has filed a balance sheet or financial a Petition for Hearing and Audit, filed by statement to show current and liquid Harold S. Cohn, Sr., a director and 19 Jacksonville, dated February 25, 1966, upon which the applicant relies to sup- assets (as defined in paragraph 4(d), percent stockholder of Florida-Georgia. section fla, FCC Form 301) In excess of No certification of service was filed with port the availability of a loan of $2 million does not set forth the terms or con- current liabilities in sufficient amount the petition. If we treat the petition as a to meet his commitments to the appli- Petition to Deny, it was not timely filed in ditions upon which the loan Is to be made, but states that financing will be cant. Of the thirteen subscribers only Mr. accordance with the requirements of Bernard E. Karlen has submitted a bal- § 1.580(1) of the Commission's rules. The arranged "under appropriate and legal In addition, the letter fails ance sheet, but It does not Indicate petition asks the Commission to order conditions." excess of to mention the security to be required, current and liquid assets in an audit of the books of Florida-Georgia current liabilities sufficient to meet his when designating the application. The if any. applicant, The letter connection with the application commitment to the petition also asks that issues be raised b. In from the Florida National Bank of Jack- order on whether the ma- of Florida Gateway Television Co.: in the hearing contained in sonville, dated April 19, 1066, upon which jority of stockholders have improperly (1) Based on information the avail- the application, cash of approximately the applicant relies to support diverted funds and mismanaged the busi- ability of a loan of $2 million does not of the corporation. No factual $863,000 will be required for the con- ness affairs proposed set forth the terms and conditions upon allegations of fraud have been made by struction and operation of the the station The exact amount df cash re- which the loan Is to be made, or Mr. Cohn. The relief he seeks can be security required, If-any. in the appropriate state court. quired cannot be determined because the applied for set forth the terms 4. Since Federal Aviation Administra- The petition will therefore be dismissed. bank letter falls to obtained for conditions under which the loan is tion approval has not been 3. Ordinarily, the Commission requires and New Horizons Telecasting Co.'s proposed for a new broadcast station to to be made. To meet these requirements, applicants the applicant relies upon existing capital tower height and location, an air menace show the availability of sufficient funds Issue will be specified, and the Federal proposed of $44,469 and a bank loan of $2 million to construct and operate the for a total of $2,044,469. Aviation Administration will be made station for 1 year. Where an applicant (2) It appears that the applicant has a party thereto. in whole or in part, on advertis- to it in existing cap- 5. In connection with the statement relies, $44,469 available made meet its costs of opera- The letter from the Florida National concerning commercial practices ing revenues to ital. in the application of New Horizons Tele- the first year, the Commission re- Bank of Jacksonville, dated February 25, tion in relies to casting Co., an Issue has been specified to quires that the applicant demonstrate 1966, upon which the applicant support the availability of a loan of $2 determine under what circumstances the the validity of its estimate of revenues million does not set forth the terms or applicant may depart from Its general by a comprehensive showing.' In the conditions upon which the loan is to commercial practices and the limitations present case, however, each of the appli- be made or the security to be required, which will be applicable in those seeks to if any. circumstances. cants (except Florida-Georgia), 6. Except as indicated by the Issues replace a station which has an estab- c. In connectionwith the application finds Horizons Telecasting Co.: specified below, the Commission lished record of advertising revenues of New that the applicants are qualified to con- stretching over a prolonged period of (1) Based on information contained struct, own and operate the proposed time; the availability of revenues is be- in the application, cash of approximately television broadcast station. The applica- 3 mutually exclusive In yond dispute. For this reason, we do not Consisting of down payment for equip- tions are, however, ment, interest and curtails ($444,366), land, that operation by the applicants as pro- believe that it is necessary to require the In mutually destruc- of down payment and interest ($29,000), mis- posed would result applicants to meet the requirements cellaneous expenses, less equipment ($207,- tive interference. The Commission Is, the UlMtravision decision. We will, there- 000), 'cost of operation ($315,025). Total: therefore, unable to make the statutory apply our former standard which $995,391. It has been assumed that in accord- finding that grant of the applications fore, bank letter, re- required an applicant to show that it had ance with the terms of the would serve the public Interest, conven- payment will'not begin until 1 year after the the opinion construct and operate we have not n- lence and neces.lty and Is of sufficient funds to loan is made and therefore must be designated the proposed station for three months cluded in the amount of cash needed figures that the applications for loan repayment. for hearing In a consolidated proceeding without revenues aPersons who will furnish funds are re- on the Issues set forth below. a. In connection with the application quired to submit balance sheets or financial Accordingly, it is ordered, That, pur- of Community First Corp.: statements although they may show the suant to section 309(e) of the Commu- availability of bank loans in sufficient nications Act of 1934, as amended, the (1) Based on information contained in amount to meet their commitments to the FMC the application, cash of approximately applicant. Kansas State Network, Inc., of down payment on equip- 572. GConsisting $995,000 will be required for the con- 66-977,5 5 FCC 2d intorest and Consisting of down payment on equipment ($320,907), equipment, struction and operation of the proposed payments curtails ($62,577), land ($45,000), buildings ment ($315,499), equipment Items ($548,698), assumed ($59,156), equipment interest ($1,916), other ($450,000), other loan interest, bank loan interest, 5 years at 6 percent SUltravislon Broadcasting Co., FCC 65-581, items ($50,000), assumed bank (830,000), assumed bank loan curtalls 6 RR 2d 343. 5 years at 6 percent ($30,000), assumed bank operating expenses ($100,000), operating expenses ($334,687), 2 Orange Nine, Inc., FCC 67-416, Released loan curtails ($100,000), Total $1,891,769. Apr. '7,1967. ($306,250). Total $862,821.

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 NOTICES 10945 and present evidence on the Issues speci- [Docket No. 17559; FCC 7M-203] - above-captioned applications are designated for hearing in a consolidated pro- fied in this order. NORTH SHORE BROADCASTING ceeding at a time and place to be speci- It is further ordered, That the appli- CORP. (WESX) fled in a subsequent order, upon the cants herein shall, pursuant to section following issues: 311(a) (2) of the Communications Act of Order Continuing Hearing 1. In connection with the application 1934, as amended; and § 1.594 of the In re application of North Shore of Community First Corp. to determine: Commission's rules, give notice of the Broadcasting Corp. WYESX), Salem, (a) Whether the subscribers, other hearing, either individually or, if feasible, Mass., Docket No. 17559, File No. BP- than Mr. Ernest S. Alsopp, have current Jointly, within the time and in the man- 16938; for construction permit. and liquid assets (as defined in section ner prescribed in such rule, and shall Pursuant to agreements reached at the III, paragraph 4(d), FCC Form 301), in advise the Commission of the publication prehearing conference held on July 18, excess of current liabilities in sufficient of such notice as required by § 1.594(g) 1967: It is ordered, That the evidentiary amount to meet their commitments to of the rules. hearing In the above-entitled proceeding the applicant. Adopted: July 5,1967. now scheduled for September 13, 1967, (b) The terms, conditions and secu- Is continued to September 14, 1967, be- rity, if any, required in connection with Released: July 21,1967. ginning at 10 am. In the offices of the the proposed loan from Florida National Washington, D.C. FEDERAL CoMMUNIT cTIoNS Commission, Bank of Jacksonville. CoMmussION July 18, 1967. (c) Whether, in the light of the evi- [SEAL] BEN F. WAPLE, Issued: dence adduced pursuant to the foregoing, Secretary. Released: July 20, 1967. the applicant is financially qualified. [F.R. Doc. 67-8G43; Filed, July 25, 197; FEDERAL COMMUNICATIONS the application 2. In connection with 8:47 a.m.] COMMISSION, of Florida Gateway Television Co., to rsrL3 BEN F. WA7es, determine: [Docket No. 17365; FCC 67M-12051 (a) The terms,'conditions and secu- Secretary. rity, if any, required in connection with GREAT SOUTHERN BROADCASTING [P.R. Doc. 67-845; Filed, July 25. 1967; the proposed loan from Florida National CO. 8:47 am.] Bank of Jacksonville. (b) Whether, in the light of the evi- Order Regarding Procedural Dates [Docket Nos. 17575,17576; FCC 67-791] dence adduced pursuant to the foregoing, In re application of William 0. Barry, TRI-CITIES BROADCASTING CORP. the applicant is financially qualified. trading as Great Southern Broadcasting .3. In connection with the application AND PALMER-DYKES BROADCAST- Co., Donelson, Tenn., Docket No. 17365, CO. of New Horizon Telecasting Co., to File No. BP-16707; for construction ING determine: permit. Order Designating Applications for (a) Whether the subscribers have The Hearing Examiner having under Hearing on Stated current and liquid assets (as defined in Consolidated consideration the "Consent Motion for Issues section I, paragraph 4(d), FCC Form Change of Procedural Dates" filed by 301) in excess of current liabilities in the Broadcast Bureau on July 18, 1967, In re applications of Tr-Cities Broad- sufficient amount to meet their commit- requesting modification of the presently casting Corp., Gate City, Va, Docket No. ments to the applicant. scheduled procedural dates for further 17575, File No. BPH-5654, requests: (b) The terms, conditions and secu- proceedings in the above-entitled case; 104.9 me, No. 285; 1.175 kw; 449 feet; rity, if any, required in connection with It appearing, that the applicant, Great Paul Dykes and Basil J. Palmer, doing the proposed loan from Florida National Southern Broadcasting Co., has con- business as Palmer-Dykes Broadcasting Bank of Jacksonville. sented to the requested modification and Co., Kingsport, Tenn., Docket No. 17576, (c) Whether, in light of the evidence to immediate consideration of such re- File No. BPH-5701, requests: 104.9 mc, adduced pursuant to the foregoing, the quest; and No. 285; 3 kw (horizontal) 2.58 kw applicant is financially qualified. It further appearing, that good cause (verUcal); 298 feet; for construction (d) Under what circumstances the ap- has been shown for a grant thereof: permits. plicant may depart from its general cort Itis ordered, That the above "Consent 1. The Commission has under con- mercial practices and the limitations Motion for Change of Procedural Dates," sideration the above captioned and de- which will be applicable in those be, and the same is, hereby granted, and scribed applications which are mutually circumstances. exclusive in that operatioh by the ap- (e) Whether that the presently scheduled procedural there is a reasonable dates are changed as follows: plicants as proposed would result in possibility that the tower height and lo- Preliminary exchange of exhibits mutually destructive interference. cation proposed would constitute a men- presently scheduled for August 14, 1967, 2, The respective proposals are for dif- ace to air navigation. is continued to September 6, 1967; ferent communities. Consequently, it will 4. To determine which of the proposals Final exchange of exhibits presently be necessary to determine pursuant to would best serve the public interest. scheduled for August 24, 1967, Is con- section 307(b) of the Communications 5. To determine, in the light of the evi- tinued to September 15, 1967; Act of 1934, as amended, which of the pursuant to the foregoing dence adduced - Notification of witnesses presently proposals would 'better provide a fair, issues, which of the applications should scheduled for August 28, 1967, is con- efflclent and equitable distribution of be granted. tinued to September 20, 1967; and radio service. It is further ordered, That the Federal Hearing presently scheduled for Sep- 3. Consideration of the programming Aviation Administration is made a party tember 6, 1967, is continued to October proposals under the contingent com- to this proceeding with respect to the parative issue is required because of the 3, 1967. application of New Horizons Telecasting substantial and material difference be- Co. Issued: July 19, 1967. tween the proposals in the amount of Am It is further ordered, That the Petition Released: July 20, 1967. programming to be duplicated. TA-Cities Harold S. Cohen, Sr., is dismissed. proposes substantial duplication (initi- FEDERAL COMMUNICATIONS It is further ordered, That, to avail ally 60.31 percent while Palmer-Dykes CoMMIsxoN, proposes independent operation. There- themselves of the opportunity to be [SEAL] BEN F. WAPLE, heard, the applicants and the party re- Secretary. fore, evidence regarding program dupli- spondent herein, pursuant to § 1.221(c) cation will be admissible under the o: the Commission's rules, in person or IF.R. DOC. 67-8644; Filed. July 25, 1967; standard comparative issue. The show- by attorney, shall within twenty (20) 8:47 a.m.] ing permitted under the standard com- days of the mailing of this order, file with -Concurring and dissenting statement or parative issue when duplicated program- the Commission in triplicate, a written Commissioner Bartley filed as part of original ming is proposed will be limited to evi- Lppearance stating an intention to ap- document; Commissioner le not participat- dence concerning the benefits to be de- pear on the date fixed for the hearing Ing; Commissioner Wadsworth absent. rived from the proposed duplication, and

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 10946 NOTICES a full comparison of the applicants' pro- 1934, as amended, and § 1.594 of the ceeiing for public hearing. A prehear- gram proposals will not be permitted in Commission's rules, give notice of the Ig conference was held July 6, 1967. the absence of a specific programming hearing, either individually or, If feasible The hearing will be held before the un- inquiry-Jones T. Sudbury - FCC and consistent with the rules, jointly, dersigned beginning at 10 a.m., Septem- 2d - , FCC 67-614, (1967). Neverthe- within the time and in the manner pre- ber 25, 1967, In Room 705, 45 Broadway, less, the parties are frdfe to seek enlarge- scribed in such rule, and shall advise the New York, N.Y. ment of the issues -to include a special Commission of the publication of such An Initial decision will be Issued, programming issue-see Chapman Radio notice as required by § 1.594(g) of the JOHN MARSHALL, & Television Co., 7 FCC 2d 213, FCC rules. Presiding Examiner. 67-234 (1967) and Jones T. Sudbury, Adopted: July 5, 1967. [F.. Doc. 67-8685; Filed, July 25, 1967; supra. am.] 4. According to its application, Pal- Released: July 18, 1967. 8:50 mer-Dykes will require $60,453 to con- FEDERAL COMMUNICATIONS struct and operate the proposed station CoMMIsoN, CALIFORNIA ASSOCIATION OF PORT for one year without revenue. To meet [SEAL] BEN F. WAPI., AUTHORITIES this requirement, Palmer-Dykes is rely- Secretary. ing on a $1,000 bank deposit, a $30,000 Notice of Agreement Filed for line of credit and contributions from the [P.M. Doc. 67-8646; Filed, July 25, 1967; Approval two partners of $11,000 (which their bal- 8:47 a.m.] ance sheet show they have available in Notice is hereby given that the follow- cash and life insurance surrender value). [Docket Nos. 17575, 17576; FCC 67M-1213] ng agreement has been filed with the Thus, a total of only $42,000 is shown to Commission for approval pursuant to be available. Therefore, we will specify TRI-CITIES BROADCASTING CORP. section 15 of the Shipping Act, 1916, as an issue to determine whether the addi- AND PALMER-DYKES BROADCAST- amended (39 Stat. 733, 75 Stat. 763, 46 tional $18,453 is available. ING CO. U.S.C. 814). 5. Except as indicated below, the ap- Interested parties may inspect and plicants are qualified to construct and Order Scheduling Hearing obtain a copy of the agreement at the operate as proposed. However, because Washington office of the Federal Mari- In re applications of Tri-Cities Broad- time Commission, 1321 H Street NW., of their mutual exclusivity, the Commis- Corp., Gate City, Va., Docket No. to make the statutory find- casting Room 609; or may inspect agreements sion Is unable 17575, File No. BPH-5654; Paul Dykes at the offices of the District Managers, ing that T grant of the applications and Basil J. Palmer, doing business as New York, N.Y., New Orleans, La., and would serve the public interest, con- Palmer-Dykes Broadcasting Co., Kings- as is of the San Francisco, Calif. Comments with venience and necessity, port, Tenn., Docket No. 17576, File No. reference to an agreement including a opinion that the applications must be BPH-5701; for construction permits: desired, may be designated for hearing on the issues set request for hearing, if forth below. It is ordered, That Jay A. Kyle shall submitted to the Secretary, Federal It is ordered, That, pursuant to section serve as Presiding Officer in the above- Maritime Commission, Washington, D.C. 309(e) of the Communications Act of entitled proceeding; that the hearings 20573, within 20 days after publication 1934, as amended, the applications are therein shall be convened-on October 11, of this notice in the FEDERAL RE zSTER. designated for hearing in a consolidated 1967, at 10 a.m.; and that a prehearing A copy of any such statement should proceeding, at a time and place to be conference shall be held on September 21, also be forwarded to the party filing tho specified in a subsequent order, upon the 1967, commencing at 9 am.: And it is agreement (as Indicated herelnafter5, following Issues: further ordered, That all proceedings and the comments should indicate that 1. To determine whether Palmer- shall take place in the offices of the Com- this has been done. Dykes Broadcasting Co. has available to mission, Washington, D.C. . Notice of agreement filed for ap- it the additional $18,453 necessary to Issued: July 11, 1967. proval by: construct and operate for one year with- Mr. C. R. Nickerson, Executlvo Secretary, and thus demonstrate that Released: July 21, 1967. California Association of Port Authorities, out revenue Calif. 94105, It Is financially qualified. FEDERAL COMMUNICATIONS 9 First Street, San Francisco, 2. To determine, In the light of section CoMMIssIoN, Agreement No. 7345-12 between the 307(b) of the Communications Act of [SEAL] BEN F. WAPLE, members of the California Association of 1934, as amended, which of the proposals Secretary. Port Authorities modifies the basic agree- would better provide a fair, efficient and [P.R. Doe. 67-8647; Filed, July 25, 1967; ment which provides for establishment equitable distribution of radio service. 8:47 am.] and maintenance of Just and reasonable 3. To determine, in the event it is con- terminal rates, rules and regulations at cluded that a choice between applica- members' terminals at ports in the State tions should not be based solely on con- of California. The modification makes siderations relating. to section 307(b), FEDERAL MARITIME COM ISSION certain changes in the administrative which of the proposals would better serve Association. [No. 65-5] structure of the the public interest. Dated: July 20, 1907, 4. To determine, in the light of the OVERCHARGE CLAIMS evidence adduced pursuant to the fore- By order of the Federal Maritime going issues which, if either, of the ap- Time Limit on the Filing; Notice of Commission. plications should be granted. Hearing THOMAS LIa5, to avail Secretary. It is further ordered, That JULx 21, 1967. themselves of th6 opportunity to be Doc. 67-8686; Filed, July 25, 1007; On June 28, 1966, the Federal Mari- [P.R. heard, the applicant(s), pursuant to 8:60 am.] § 1.221(c) of the Commission's rules, in time Commission issued a report and person or by attorney shall, within order in the subject proceeding in wlch twenty (20) days of the mailing of this it declined to promulgate a proposed COLUMBUS LINE/PACIFIC AUSTRALIA order, file with the Commission in tripli- rule which would have prohibited the DIRECT LINE cate, a written appearance stating an limitation of time within which claims Intention to appear on the date fixed for for adjustment of freight charges may Notice of Proposed Cancellation of the hearing and present evidence on the be presented to carriers to less than 2 Agreement issues specified in this order. years after date of shipment. By order It is further ordered, That the appli- served March 1, 1967 (FEDERAL REGISTER Notice Is hereby given that a request cants herein shall, pursuant to section of Mar. 7, 1967, p. 3792), the Commis- for cancellation of the following sgree- 311(a) (2) of the Communications Act of sion reopened -and assigned this pro- ment, pursuant to section 15 of the

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 NOTICES 10947

Shipping Act, 1916, as amended (39 Stat. to the party filing the agreement (as Gulf Conference, amends Article 9 of 733, 75 Stat. 763, 46 U.S.C. 814) has been indicated hereinafter), and the com- the basic agreement to provide that filed with the Commission. ments should indicate that this has been shippers' requests and complaints of an Interested parties -may inspect and done. urgent nature shall be dealt with by obtain a copy of the agreement at the Notice of agreement filed for approval telephone polls conducted by the Secre- Washington office of the Federal Marl- by: tary when Italian rates are Involved, time Commission, 1321 H Street NW., Amy Scupl, Attorney, 1824 R Street NW., and by telephone, telex, or circular telex Room 301; or may inspect agreements Washington, D.C. 20009. poll conducted by the Chairman of the at the offices of the District Managers, Marseilles Rate Committee when French Agreement No. T-2069 between Evans rates are involved ,- New York, N.Y., New Orleans, La., and Products Co. (Evans) and Retla Steam- San Francisco, Calif. Comments with ship (Retla) is a service agreement cov- Dated: July 21, 1967. reference to an agreement including a ering premises in Long Beach, Calif., request for hearing, if desired, may be By order of the Federal Maritime Com- leased by Evans from the city of Long mission. submitted to the Secretary, Federal Beach under Federal Maritime Commis- Maritime Commission, Washington, D.C. THOMAS Lisr, sion Agreement No. T-1985. Retla will act Secretary. 20573, within 20 days after publication of as operating manager of the terminal as- this notice in the FEDERAL REGISTER. A IF.R. DOC. 67-8M; Filed. July 25, 1967; suming responsibility for the operation, 8:50 am.] copy of any such statement.should also but subject to supervision and direction be forwarded to the party filing the by Evans. Retla will collect wharfage, agreement (as indicated hereinafter) dockage, wharf storage, and o the r and the comments should indicate that MANCHESTER LINERS, LTD., AND charges In accordance with published IRISH SHIPPING, LTD. this has been done. tariffs and pay such revenues to Evans. - Notice of intent to cancel Agreement As compensation, Retla will receive a Notice of Agreement Filed for 9539 filed by: portion of the revenues In accordance Approval James Mc~ai, Vice President. Columbus with a schedule set forth in the agree- LAne, Inc., 26 Broadway, New York, N.Y. ment. The agreement will continue for Notice is hereby given that the follow- 10004. the duration of Agreement No. T-1985 ing agreement has been fled with the Commission for approval pursuant to Agreement 9539, approved on May 11, subject to termination by either party 1966, between Columbus Line and Pacific upon 30 days' notice. section 15 of the Shipping Act, 1916, as Australia Direct Line established a co- amended Z39 Stat. 733, 75 Stat. 763, 46 Dated: July 20, 1967. U.S.C. 814). operative working arrangement between the parties for the chartering of one ves- By order of the Federal Maritime Interested parties may inspect and ob- sel for one voyage from Australia to Commission. tai a copy of the agreement at the Pacific Coast ports of the United States. THOMASLIsI. Washington office of the Federal Mari- The parties have notified the Commis- Secretary. time Commission, 1321 H Street NW. sion of the completion of performance [P.R. Doc. 67-8688; Filed, July 25. 1907; Room 609; or may inspect agreements under Agreement 9539 *and have re- 8:50 am.] at the office of the District Managers, -quested the cancellation of the subject New York, N.Y., New Orleans, La. and agreement. San Francisco, Calif. Comments with ITALY, SOUTH FRANCE/U.S. GULF reference to an agreement including a By order of the Federal Maritime CONFERENCE request for hearing, if desired, may be Commission. submitted to the Secretary, Federal- THomAs Last, Notice of Agreement Filed for Maritime Commission, Washington, D.C. Secretary. Approval 20573, within 20 days after publication JULY 21, 1967. Notice is hereby given that the follow- of this notice in the FEDER- REGISTER- A [P.R. Dc. 67-8687; Filed, July 25, 1967; ing' agreement has been fiMed with the copy of any such statement should also 8:50 a.min Commission for approval pursuant to be forwarded to the party filing the section 15 of the Shipping Act, 1916, as agreement (as indicated hereinafter) amended (39 Stat. 733, 75 Stat. 763, 46 and the comments should Indicate that EVANS PRODUCTS CO. AND U.S.C. 814). this has been done. RETIA STEAMSHIP CO. nterested parties may inspect and ob- Notice of agreement filed for approval tain a copy of the agreement at the by: Notice of Agreement Filed for Washington office of the Federal Mari- Mr. Burton H. White, Buringham, Under- Approval time Commission, 1321 H Street NW., wood. Barton, Wright & White, 25 Broad- Room 609; or may inspect agreements at way, Now York, N.Y. 10004. Notice is hereby given that the following agreement has been filed with the office of the District Managers, New Agreement 9643, between Manchester the York, N.Y., New Orleans, La., and San Commission for approval pursuant to Liners, Ltd., and Irish Shipping, Ltd., Francisco, Calif. Comments with refer- provides for their operation of vessels section 15 of the Shipping Act, 1916, as ence to an agreement including a request amended (39 Stat. 733, 75 Stat. 763, 46 between ports in the United Kingdom U.S.C. 814). for hearing, if desired, may be submitted and Eire on the one hand, and U.S. to the Secretary, Federal Maritime Com- Atlantic Coast ports on the other. The Interested parties may inspect and mission, Washington, D.C. 20573, with- obtain a bopy of the agreement at the parties will mutually agree upon the in 20 days after publication of this notice scheduling, loading, discharging and Washington office of the Federal Mari- in the FEDERAL REGISTER. A copy of any time Commission, 1321 H Street NW., solicitation of freight, advertising and such statement should also be forwarded the appointing of ships' agents in accord- Room 609; or may inspect agreements at to the party filing the agreement (as In- the offices of the District Managers, New ance with the terms and conditions set dicated hereinafter) and the comments forth in the agreen.Wt. York, N.Y., New Orleans, La., and San should indicate that this has been done. Francisco, Calif. Comments with refer- Notice of agreement filed for approv- Dated: July 2.; 1967. ence to an agreement including a request al by: for hearing, if desired, may be submitted By order of the Federal Maritime to the Secretary, Federal Maritime Com- Mr. G. Ilavera, Secretary, Italy, South Commission. mission, Washington, D.C. 20573, within Pmnce/U.S. Gulf Conference, Vlco San THOMAS LIST, 20 days after publication of this notice Luca No. 4, Genoa, Italy. Secretary. in the FEDERAL REGISTER. A copy of any Agreement 9522-6, between the mem- [P.R. Doc. 67-890; Filed, July 25, 1967; such statement should also be forwarded ber lines of the Italy, South France/US. 8:50 a.m.]

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 10948 NOTICES

PORT OF SEATTLE AND KIMBRELL- hereby canceled. For local all water rates see accepted port-to-port rates (as opposed 14. LAWRENCE TRANSPORTATION, INC. Sea-Land Tariff No. 137, P1C-F No. to pier-to-pier) which provide for inci- Joint motor water, water motor or motor dental pickup and delivery services water motor rates subject to the jurisdiction Notice of Agreement Filed for of and filed with the Interstate Commerce within the port area.' Approval Commission remain in effect. The FMC is of the belief that Congress did not intend that port-to-port services Notice is hereby given that the follow- Sea-Land publishes a tariff which which embody incidental port services bo ing agreement has been filed with the the aforementioned supplement would subject to change in regulatory forum.6 Commission for approval pursuant to amend, jointly filed with the Interstate The FMC is of the belief that the rates section 15 of the Shipping Act, 1916, as Commerce Commission (ICC) and the proposed to be removed from FMC juris- amended (39 Stat. 733, 75 Stat. 763, 46 Federal Maritime Commission (FMC) diction are port-to-port rates fully sub- U.S.C. 814). which contains local, joint and propor- ject to its jurisdiction regardless of the Interested parties may inspect and ob- tional, class and commodity rates, be- publishing device seeking to escape that tain a copy of the agreement at the tween Oregon and Washington, on the jurisdiction. Washington office of the Federal Mari- one hand, and Alaska on the other. The Moreover, the cancellation of this time Commission, ;321 H Street NW., tariff bears joint numbers; I.e., ICC No. tariff from FMC Jurisdiction would Room 609; or may inspect agreements 23, FI\C-F No. 5, and provides therein severely limit the FMC's pending general at the offices of the District Managers, (Item No. 101) : investigation of Sea-Land, instituted New York, N.Y., New Orleans, La., and The rates between points in Oregon and with good cause against Its practices and 0 San Francisco, Calif. Comments with Washington making reference to this Item rates in the Alaska trade. That order reference to an agreement including a and points in Alaska taking Rate Group A (see footnote 6) provides that all request for hearing, if desired, may be are port-to-port rates subject to the juris- "changed matter in Sea-Land's tariffs submitted to the Secretary, Federal Mari- diction of the Federal Maritime Commission. applicable from, to and between Alaska time Commission, Washington, D.C. R te Group A provides for rates be- be included in the Investigation." Many 20573, within 20 days after publication tween Seattle, Washington and Anchor- of the rates which are presently under in- of this notice in the FEDERAL REGISTER. age, Alaska.' These port-to-port rates vestigation by the FMC could be changed A copy of any such statement should also include incidental motor pickup and de- in a manner which would remove them be forwarded to the party filing the livery service within the port cities of from the pending investigation, contrary agreement (as indicated hereinafter), Anchorage and/or Seattle, Wash. to the Commission's order in that pro- and the comments shouldindicate that Effective July 30, 1967, Sea-Land would ceeding if a change in regulatory forum this has been done. withdraw the majority of these rates by Sea-Land Is successful.7 Notice of agreement filed for approval from FMC's jurisdiction. Specifically, Upon consideration of said Supplement by: Sea-Land has chosen to file with the ICC No. 9 and the cancellation matter shown Mr. Wade Thompson, Port of Seattle, Post a tariff which provides for a "joint" ar- thereon, there is reason to believe that Office Box 1209, Seattle, Wash. 98111. rangement,- between Sea-Land and its the new tariff practice to be accomplished incidental port service motor carrier by the proposed supplement, if permitted Agreement No. T-2068 between the rather than maintain its "local" port-to- to become effective, would result in Sea- Port of Seattle (Port) and Kimbrell- port services which have embodied, up to Land engaging in transportation subject Lawrence Transportation, Inc. (Kim- now, these identical terminal services. to the jurisdiction of this Commission brell), covers the lease of a portion of without the filing of tariffs required by 66 and adjacent office and warehouse Local "port-to-port" tariffs are filed with Pier and are under the control of the FMC section 18(a) of the Shipping Act, 1010 space, at a fixed monthly rental. The while joint rates between FMC water car- and section 2 of the Intercoastal Ship- premises will be used by Kimbrell for the riers and ICC motor carriers are filed ping Act, 1933. operation of a general steamship business The Issues raised herein do not present related terminal operations. Port re- with the ICC. There are no appar- and ent physical changes in Sea-Land's any disputed issues of fact which necessi- serves secondary berthing rights pro- operation, the change merely represent- tate an evidentlary hearing and require vided that such use shall not unreason- ing a change in the tariff mechanics of a prompt determination by the Com- ably interfere with the activities -of publication. The tariff is now called a mission. Should any of the parties to this Kimbrell. "joint" tariff rather than a "local and proceeding consider that there are dis- Dated: July 21, 1967. joint" tariff. This "joint" tariff has not puted issues of fact which are relevant been filed with this Commission and the By order of the Federal Maritime 4Matson Navigation Co,/Containor Freight Commission. FMC number designation (No. 5) has been deleted. Tariff, 7 F1M1C 480 (January 1903). THo As LIsI, The FMC has jurisdiction over port-to- GAlaska Statehood Act (enacted July 7, Secretary. 1958) (72 Stat. 339 (351)) provides in perti- port rates between the State of Alaska nent part: [P.R. Doec. 67-8691; Filed, July 25, 1967; and has long 8:50 am.] and the contiguous states, (b) Nothing contained In this or any other Act should be construed as depriving the ' Rate Group A also includes Anchorage Federal Maritime Board of the exclusive [Docket No. 67-43] International Airport, Elmendorf Air Force jurisdiction heretofore conferred on it over Base, Fort Richardson, Mountain View, Spe- common carriers engaged in transportation SEA-LAND SERVICE, INC. nard, Alaska, Bellevue, Wash., llrkland, by water between any port in the State of Wash., Renton, Wash., Tukwila, Wash., Ta- Alaska and other ports in the United States, coma, Wash., and Portland, Oreg. (via direct its territories or possessions or as conferring Cancellation of FMC Port-to-Port water service of Sea-Land only). upon the Interstate Commerce Commission Rates-West Coast/Alaska Trade; 2 The only rates that Sea-Land would be jurisdiction over transportation by water be- Order of Suspension and Investiga- filing with the FMC are those applicable to tween any such ports. operations which do not include pickup and 0In Sea-Land Service, Inc., General In- tion delivery services and which represent a minor vestigation West Coast/Alaska Trade, First Sea-Land Service, Inc. (Sea-Land), portion of Its port-to-port services, namely, Supplemental Order, Docket No. 67-7 airplanes, airplane parts, camper bodies, (served April 27, 1967), FM10 instituted an has filed with the Federal Maritime Com- boats, empty return carriers, household investigation into the lawfulness of all of mission a publication designated Sup- In the goods,5 vehicles, and salt. Sea-Land's rates and practices plement No. 9 to Freight Tariff No. 116, Public Law 87-595, enacted Aug. 24, 1962, Seattle/Alaska trade. FMC-F No. 5, to become effective July 30, permits common carriers by water, including 7For example, Sea-Land, effective July 30, 1967. water common carriers subject to the Ship- 1967, proposes to amend its tarlff FMO-P Supplement No. 9 contains a cancella- ping Acts, and motor carriers subject to the No. 5 by increasing class rates whieh, among Interstate Commerce , Act, to enter into other places, applies between Seattle and tion notice stating: through routes and joint rates. The joint Anchorage, Alaska. In the event the cancolla- The local All Water rates published in this rates so established are subject to the appli- tion notice becomes effective, these rates, too, would be -automatically transferred to the tariff subject to the jurisdiction of and fled cable provisions of the Interstate Commerce ICC. with the Federal Maritime Commission are Act. jurisdiction of the

FEDERAL REGISTER, VOL. 32, NO. 143--WEDNESDAY, JULY 26, 1967 NOTICES 10949

to this proceeding, such facts shall be no later than close of business August gers or other persons on voyages has been specified with particularity by means of 21, 1967. An original and fifteen (15) Issued to the following (all effective on affidavits seeing forth such facts, to- copies of affidavits of fact, memoranda August 7, 1967): gether with a statement of their rele- of law, and replies are to be filed with Kiosters Rederi A/S, Certificate No. C 1,031. v ance to the Issues in question. Should the Secretary, Federal Maritime Com- Home Lines. Inc. (Home Lines). Certificate any other parties dispute these facts by mission, Washington/D.C. 20573. Copies No. C 1.032. a similar affidavit, the disputed Issues of of any papers filed with the Secretary Dot Bergenske Dampsklbsselskab (Bergen fact, if relevant, will be set down for an should also be served upon all parties Steamship Co. Inc.) (Bergen Line), evidentiary hearing, If such hlearing is hereto. Oral argument before the Com- Certificate No. C 1.033. requested. mission will be heard at 9:30 atm., Sep- Dated: July 21, 1967. Therefore, it is ordered,That pursuant tember 6, 1967, in Room 114, 1321 11 to the authority of section 22 of the Street NW., Washington, D.C. THoxAs Iasir, Shipping Act, 1916 and section 3 of the It is further ordered, That this order Secretary. Intercoastal Shipping Act, 1933, an In- be published in the FEDERAL REGISTER and [P.R. Doc. 67-8;94; Piled, July 25, 1967; vestigation is hereby instituted into (1) a copy of such order be served upon 8:51 am.] " the lawfulness of the removal of port-to- respondent. port rates from Federal Maritime Com- All persons (including individuals, PRINCESS CRUISES CORP., INC. mission jurisdiction where such rates em- corporations, associations, firms, part- body.incidental pickup and delivery serv- nerships, and public bodies) having an Indemnification of Passengers for ices performed by or on behalf of a com- interest in this proceeding and desiring Nonperformance of Transportation; mon carrier by water within the J5ort to intervene therein, should notify the area in which it holds itself out to per- Notice of Issuance of Certificate Secretary of the Commission promptly [Performance] form such incidental pickup and delivery and file petitions for leave to intervene services in connection with its line-haul in accordance with Rule 5(1) [46 CFR Notice Is hereby given that pursuant water carrier operation, according to Its 502.72]. to the provisions of section 3, Public Law applicable tariffs, and (2) the lawfulness 89-777 (80 Stat. 1357, 1358) and Federal of Sea-Land's practices with respect to By the Commission, July 20, 1967: Maritime Commission General Order 20 its application of its proposed tariff de- [SEAL]THomAs iasr, (46 CFR Part 540) that a certificate of vice which would permit a change In Secretary. financial responsibility for indemnifica- regulatory forum by redesignating a [F.R. Doc. 67-8692; Flied. July 25. 1967; tion of passengers for nonperformance local" port-to-port service as a "joint" 8:50 am.] of transportation has been Issued to the port-to-port service. following: It is further ordered, That pursuant Prince= Cruises Corp., Inc. (Princess to section 3, Intercoastal Shipping Act, CANADIAN NATIONAL RAILWAY CO. Cruise-). Certificate No. P-57, Effective 1933, the operation of the said Supple- date: July 14, 1967. ment No. 9 to FMC-F No. 5 Is suspended Financial Responsibility To Meet Lia- and the use thereof be deferred to and bility Incurred for Death or Injury to Dated: July 21, 1967. including November 29, 1967, unless Passengers or Other Persons on THomAs LIsT. otherwise ordered by this Commission. Voyages; Notice of Application for Secretary. It is further ordered, That there shall be filed immediately with the Commis- Certificate [Casualty] [F.R. Dc. 67-495; Piled, July 25, 1967; sion by Sea-Land, a consecutively num- Notice is hereby given that pursuant 8;51a. bered supplement to the aforesaid to the provisions of section 2, Public schedule which supplement shall bear no Law 89-777 (80 Stat. 1357, 1358) and effective date, shall reproduce the portion Federal Maritime Commission General of this order wherein the suspension Order 20, Amendment 2 (46 CFR Part OFFICE OF EMERGENCY matter is described and shall state that 540) the following persons have applied the aforesaid matter is susliended and to the Federal Maritime Commission for PLANNING may not be used until November 30, 1967, a certificate of financial responsibility to unless otherwise authorized by the Com- meet liability incurred for death or in- NEBRASKA mission; and the rates, charges, and jury to passengers or other persons on provisions which were to be removed voyages: Notice of Major Disaster from FMC jurisdiction by the suspended Canadian National Railway Co. (Canadian Pursuant to the authority vested in matter shall remain under FMC juris- National Railway). me by the President under Executive diction during the period of suspension, Dated: July 21, 1967. Order 10427 of January 16, 1953, Execu- and the matter suspended may not be tive Order 10737 of October 29, 1957, and changed until this proceeding has been .THO1;As Lisr, Executive Order 11051 of September 27, disposed of or until the period of sus- Secretary. 1962 (18 F.R. 407, 22 P.R. 8799, 27 F.R. pension has expired, unless otherwise [P.R. Doc. 67-8693; Filed, July 25, 1967; 9683) ; Reorganization Plan No. 1 of 1958, ordered by this Commission; 8:51 am.l] Public Law 85-763, and Public Law- 87- It is further ordered, That copies of 296; by virtue of the Act of September this order shall be filed-with the said 30, 1950, entitled "An Act to Authorize tariff schedule in the Bureau of Domestic KLOSTERS REDERI A/S ET AL. Federal Assistance to States and Local Regulation of the Federal Maritime Governments In Major Disasters, and for Commission; Application for Certificate of Financial Other Purposes" (42 U.S.C. 1855-1855g), It is further ordered, That the Sea- Responsibility To Meet Liability In- as amended; notice is hereby given of Land Service, Inc. be named as respond- curred for Death or Injury to Passen- a declaration of "major disaster" by ent in this proceeding. gers or Other Persons on Voyages; the President In his letter dated July 18, IAtis further ordered, That this pro- Notice of Issuance of Certificate 1967, reading in part as follows: ceeding shall be conducted by submis- [Casualty] I have determined that the damage in sion of affidavits and memoranda and various areas of the State of Nebraska, ad- oral argument. The affidavits of fact and Notice is hereby given that pursuant versely affected by severe storms and flooding memoranda of law shall be filed by re- to the provisions of section 2, Public Law beginning on or about June 5. 1967, is of spondent and any interveners support- 89-777 (80 Stat. 1356, 1357) and Federal suliclent ceverity and magnitude to warrant ing respondent, no later than close of Maritime Commission General Order 20 assistance by the Federal Government to supplement State and local efforts. business August 7, 1967, replies thereto (46 CFR Part 540) that a certificate of shall be filed by Hearing Counsel and financial responsibility to meet liability I do hereby determine the following interveners, if any, opposing respondent, incurred for death or injury to-passen- areas in the State of Nebraska to have

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 No. 143-7 10950 NOTICES been adversely affected by the catas- adversely affected by the catastrophe Humble requests an effective date of trophe declared a major disaster by the declared a major disaster by the Presi- June 1, 1967, the date of expiration of President in his declaration of July 18, dent in his declaration of July 18, 1967: the filing moratorium for rate increases 1967: to levels in excess of the area rate cel- The counties of: Ing pursuant to terms of company-wide The counties of: Anderson. Leavenworth. Adams. Hamilton. Atchison. Linn. settlement in Docket Nos. G-9287 and Antelope. Harlan. Chase. Lyon. G-9288 et al., for its proposed rate in- Arthur. Hayes. Cloud. Marion. crease. Humble also requests that should Boone. Howard. Coffey. Miami. the Commission suspend its rate filing Boyd. Jefferson. Crawford." Mitchell. that the suspension period be for a Brown. Kearney. Doniphan. Ness. maximum of 1 day, or as short a period Buffalo. Keya Paha. Douglas. Osage. as possible. Good cause has not been Burt. Knox. Finney. Pottawatomie. Butler. Lancaster. Franklin. Republic. shown for granting Humble's request for Cass. - Msdison. Jackson. Shawnee. an earlier effective date, or for limiting Cedar. Merrick. Jefferson. Wabaunsee. to 1 day the suspension period with Cherry. Nance. Kingman. Washington. respect to such rate filing and Humble's Clay. Pawnee. Dated: July 20, 1967. request is denied. Colfax. Phelps. Humble has submitted a notice of Cuming. Platte. FARRIS BRYANT, change in rate proposing a rate increase, Dakota. Polk. Director, from 15.75 cents rate approved by the DiXon. Richardson. Office of Emergency Planning. Dodge. Saline. Commission in Humble's company-wide Douglas. Sarpy. [P.R. Doc. 67-8674; Filed, July 25, 1967; settlement, to 20.625 cents for gas sold Fillmore. Saunders. 8:49 a.m.] to Gas Gathering Corp. (Gas Gathering) Franklin. Seward. from the Bayou Des Glaise Field, Thor- Frontier. Sherman. Furnas. Stanton. vlle Parish, South Louisiana Area. Hum- Gage. Thayer. FEDERAL POWER COMMISSION ble's proposed rate exceeds the area in- Gosper. Thurston. [Docket No. RI68-5] creased rate ceiling of 14.0 cents per Greeley. Wayne. Hall. York. HUMBLE OIL & REFINING CO. Mef for the South Louisiana Area as announced in the Commission's State- Dated: July 20, 1967. Order Providing for Hearing on and ment of General Policy No. 61-1, as FARRIS BRYANT, Suspension of Proposed Change in amended (18 CFR 2.56). Director, Rate Gas Gathering resells the subject gas, Office oI Emergency,.Planning. JULY 14, 1967. together with gas It purchases from other [P.R. Doc. 67-8675; Filed, July 25, 1967; Humble Oil & Refining Co. (Humble)' producers in the area, to Transcontinen- 8:49 a.m.] tendered for filing a proposed change in its presently effective rate schedule for tal Gas Pipe Line Corp. (Transco) pur- sales of natural gas subject to the juris- suant to Gas Gathering's Rate Sched- KANSAS diction of the Commission. The proposed ule No. 2 at a composite rate of 21.25 Notice of Major Disaster change, which constitutes an increased cents, effective subject to refund in rate and charge, is contained in the fol- Docket No. R166-262. Gas Gathering's Pursuant to the authority vested in lowing designated filing: me by the President under Executive composite rate is based on he effective Description: Notice of change, dated June rate of each of its producer-suppliers Order 10427 of January 16, 1953, Execu- 13, 1967. tive Order 10737 of October 29, 1957, and Purchaser and producing a r e a: G as plus its service charge for gathering, Executive Order 11051 of September 27, Gathering Corp.2 metering, dehydrating and delivering 1962 (18 P.R. 407, 22 F.R. 8799, 27 F.R. Rate schedule designation: Supplement No. 9 to Humble's FPC Gas Rate Schedule such gas to Transco. 9683); Reorganization Plan No. 1 of Gas Gathering's composite 21.26 cents 1958, Public Law 85-763, and Public Law No. 120. 87-296; by virtue of the Act of September Effective date: July 17, 1967.' rate is based in part on the current Amount of annual increase: $48,534. 15.75 cents effective rate Humble is re- 30, 1950, entitled "An Act To Authorize Effective rate: 15.75 cents per Mcf.' G Federal Assistance to States and Local Proposed rate: 20.625 cents per Mcf.P ceiving for its share of gas. Humble's Governments in Major Disasters, and for Pressure base: 15.025 p.s.l.a. proposed rate will thus require a change in such composite rate (estimated to be Other Purposes" (42 U.S.C. 1855-1855g), 'Address is Post Office Box 2180, Houston, as amended; notice is hereby given of a Tex. 77001. Attention: Mr. John J. Carter. approximately 22.0 cents) if Gas Gather- declaration of "major disaster" by the 2 Gas Gathering Corp. resells subject gas to ing is to maintain the existing spread President In his letter dated July 18, Transcontinental Gas Pipe Line Corp. under for the services it performs between Its its FPC Gas Rate Schedule No. 2 at a com- 1967, reading in part as follows: posite rate of 21.25 cents per Mcf which is purchased gas costs and the composite I have determined that the damage in effective subject to refund in Docket No. rate it collects from Transco. Under various areas of the State of Kansas, ad- 166-262. these circumstances, we conclude that versely affected by tornadoes, severe storms 3The stated effective date is the first day Humble's proposed rate increase should and flooding beginning on or about May 31, after expiration of the statutory notice. 1967, Is of sufficient severity and magnitude 'Settlement rate as approved by Commis- be suspended for 5 months from July 17, to warrant a major disaster declaration un- sion order issued July 8, 1964, n Docket Nos. 1967, the date of expiration of the statu- der Public Law 81-875. G-9287 and C-9288 et al., as amended. Mora- tory notice. torium for filing increased rates expired I do hereby determine the following June 1, 1967. The proposed changed rate and charge areas in the State of Kansas to have been GSubject to a downward B.t.u. adjustment. may be unjust, unreasonable, unduly

FEDERAL REGISTER, VOL. 32, NO. 143-EDNESDAY, JULY 26, 1967 NOTICES 10951 discriminatory, or preferential, or other- expired, unless otherwise ordered by the ural Gas Act that'the Commission enter vise unlawful. Commission. upon hearings regarding the lawfulness The Commission finds: It is necessary (D) Notices of intervention or peti- of the proposed changes, and that the and proper in the public Interest and to tions to intervene may be filed with the supplements herein be suspended and aid in the enforcement of the provisions Federal Power Commission, Washington, their use be deferred as ordered below. of the Natural Gas Act that the Commis- D.C. 20426, in accordance with the rules The Commission orders: sion enter upon a hearing concerning the of practice and procedure (18 CFR 1.8 (A) Under the Natural Gas Act, par- lawfulness of the proposed change, and and 1.37(f) on or before August 29, 1967. ticularly sections 4 and 15, the Regula- that Supplement No. 9 to Humble's FPC By the Commission. tions pertaining thereto (18 CFR Ch. D, Gas Rate Schedule No. 120 be suspended and the Commission's rules of practice and the use thereof deferred as herein- ISEAL] GORDON M GnlrZ, and procedure, -public hearings shall be after ordered. Secretary, held concerning the lawfulness of the The Commision orders: [F.R. Doe. 67-8649; Fied. July 25, 1967; proposed changes. (A) Pursuant to the authority of the 8:47 am.] (B) Pending hearings and decisions Natural Gas Act, particularly sections 4 thereon, the rate supplements herein are suspended and their use deferred until and 15-thereof, the Commission's rules of [Docket Nos. RI68-6 etc.] practice and procedure, and the regula- date shown in the "Date Suspended Un- tions under the Natural Gas Act (18 CFR SIGNAL OIL & GAS CO. ET AL. - til" column, and thereafter until made Ch. I), a public hearing shall be held effective as prescribed by the Natural Gas upon a date to be fixed by notice from Order Providing for Hearings on and Act. the Secretary concerning the lawfulness Suspension of Proposed Changes in (C) Until otherwise ordered by the of the proposed increased rate and Rates 2 Commission, neither the suspended sup- charge contained in Supplement No. 9 JuLY 18,1967. plements, nor the rate schedules sought to Humble's FPC Gas Rate Schedule No. The Respondents named herein have to be altered, shall be changed until dis- 120. filed proposed increased rates and position of these proceedings or expira- (B) Pending such hearing and decision charges of currently effective rate sched- tion of the suspension period. thereon, Supplement No. 9 to Humble's ules for sales of natural gas under Com- (D) Notices of intervention or petitions FPC Gas Rate Schedule No. 120 is hereby mission jurisdiction, as set forth in Ap- suspended and the use thereof deferred pendLxA hereof. to intervene may be filed with the Fed- until December 17, 1967, and thereafter The proposed changed rates and eral Power Commilssion, Washington, until such further time as It Is made charges may be unjust, unreasonable, D.C. 20426, in accordance with the rules effective in the manner prescribed by-the unduly discriminatory, or preferential, of practice and procedure (18 CFR 1.8 Natural Gas Act. or otherwise unlawful and 1.37(f)) on or before September I, (C) Neither the supplement hereby The Commission finds: It Is in the pub- 1967. suspended nor the rate schedule sought lic interest and consistent vlth the Nat- to be altered thereby, shall be changed By the Commission. Does not consolidate for hearing or dla- until this proceeding has been disposed [sEAT GORDON 2. GRANT, of or until the period of suspension has pose of the several matters herein. Secretary.

.&rnNDIX A

Effective Cents per MAd Rate In Rate Sup- Amount Date date Date s- effect sub- Do ket Respondent sched- p re-Purchaser and producing ae ofannual filln un pended ect to No. 'we mont oncreaa tendered Bus- Rni- RaeI rpsd re d i No. No. perded effect n d docket rate NOS.

R16S-6___ Signal Oil & Gas Co. 7 6 ElPasoNatural Gas Co. (Ulverzlty M30 0-10--7 2 7-31-87 12-20-87 13.5 s414.5 RIMt-105. (Operator) et a, e , Andrews County Ter.) 1010Wilshirelvd., (RR.District No. 8) (Permian LosS Angeles, CalL Basin rc). 90017, Attn: Michael F. Kelly, Esq. RI6S-7.... A.A.Camerond.ba. 2 55 CluesServlocGasCo.(southeStrln. 3. 6-19-7 7--7 12-20-7 215. 44710. Cameron Ol Co. 2 96 Area, Comanche County, OM.) 1,3aW 0-21-07 27--7 12- r 1&O "1.0 (Operator) et a.. (Oklahoma Otbcer"Armo). 1100 Kermac Bldg., Oklahoma City, Okla. 13102.

'The stated effective date is the first day after expiration of the statutory notice. 'Appltcab to SallieNo. I and Amy 3 'Fractured" rate increase. Respondent contractually duo 15.0 cd nts per Met on ' Pe-ltdo rate Increa. No. IUnIts. Aug. Subjet toa downwn dB.t.u. adjustment. SPressure base is 14.65 p.s.i.a. Appiable to Stat Sa"Unit. SignaL Oil & Gas Co. (Operator) et al., [Docket No. CPo-9l. (Signal) request that their proposed rate In- which Is on file with the Commission and crease be permitted to become effective on CONSOLIDATED GAS SUPPLY CORP. open to public inspection. July 1, 1967. A. A. Cameron doing business Specifically, Applicant proposes to reas Cameron Oil Co. (Operator) et al. (Cam- Notice of Application- place 6.4 miles of 6-inch and 8-inch pipe- eron),request waiver of the statutory notice JULr 18. 1967. line with 13.6 miles of 6-inch and 8-inch to permit retroactive effective dates of Octo- pipeline. The ber 1,1966, and December 23, 1966, for their Take notice that on July 10. 1967. Con- pipelines to be replaced are proposed rate increases. Good cause has not solidated Gas Supply Corp. (Applicant), (1) the northernmost 5.4 miles of the 6- been shown for waiving the 30-day notice re- 445 West' Main Street, Clarkeburg, inch Line H-183 between its junctions quirement provided In section 4(d) of the W. Va. 26301, filed in Docket No. CP68-9 with Lines H-19457 and 4-144, and (2) Natural Gas Act to permit earlier effective an application pursuant to section 7(c) the southernmost 1.0 mile of the 8-inch dates for Signal and Cameron's rate filongs h atra Gasat o aertificaeco Line H-144 between its junction, with and such requests are denied. of the Natural Gas Act for a certificate of Line H-183 and the former site of a com- Signal and Cameron's proposed Increased public convenience and necessity author- pressor station rates and charges exceed the applicable area izing the replacement, construction, and refered to as Meek Sta- price levels for Increased rates as set forth in operation of certain. interstate pipeline tion. The pipelines to be replaced will be the CommLsslon's Statement of General facilities located in Nicholas County, retired in place and not salvaged. Policy No. 61-1, as amended (18 CR 2.56). - W. Va., for the transportation and sale of The replacement pipeline to be con- [P.R. Doc. 67-8650; Filed. July 25, 1967; natural gas in interstate commerce, all structed and operated will consist of (1) 8:47 am.] as more fully set forth in the application 9.1 miles of 8-inch pipeline extending

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 10952 NOTICES from a connection to be made with Line to be constructed by Water Power at a to the White Pine Copper Co. and to the H-144 near the site known as Meek Sta- cost of $201,985. Applicant further states Village of White Pine In Carp Lake tion to a connection to be made with Line that no additional facilities need be con- Township, Ontonagon County, Mich, For H-20036 at State Route 41 near Sum- structed by itself. this service three points of delivery are mersville, and (2) 4.5 miles of 6-inch The total third year peak day and an- requested by Applicant In the applica- pipeline extending from the junction of nual requirements of the proposed new tion and the exhibits thereto, pipelines H-20036 and H-19457 near Per- service are 154 Mcf and 12,757 Mcf, re- The total estimated third year peak singer to a connection to be made with spectively. day and annual requirements of'Appli- Line H-183 near Beaver. The proposed sale and delivery by Ap- cant's proposed service are as follows: The total estimated cost of the pro- plicant to Water Power will be initiated posed facilities is $490,735, which cost is by Applicant in accordance with and at Peak: day ,, Antual to be financed from funds on hand. rates contained In its Rate Schedule Protests or petitions to intervene may DL-1 of Applicant's FPC Gas Tariff, Whiteper Co.Pino Cop- 1,900DMef (firm)..[ 1,651,000bMef(firm and be filed with the Federal Power Commis- Original Volume No. 3. / Iternptlble). sion, Washington, D.C. 20426, in accord- Protests or petitions to intervene may Villago of White 259 Mf (firm)... 39,991 Moe ance with the rules of practice and be filed with the Federal Power Commis- Pn. I1 rm). procedure (18 CFR 1.8 or 1.10) and the sion, Washington, D.C. 20426, in accord- regulations under the Natural Gas Act ance with the rules of practice and pro- The total estimated cost of Applicant's (§ 157.10) on or before August 14, 1967. cedure (18 CFR 1.8 or 1.10) and the reg- distribution system to the industrial, Take further notice that, pursuant to ulations under the Natural Gas Act commercial, and residential customers the authority contained in and subject to (§ 157.10) on or before August 14, 1967. is $120,420. the jurisdiction conferred upon the Fed- Take further notice that, pursuant to Protests or petitions to intervene may eral Power Commission by sections 7 and the authority contained in and subject be filed with the Federal Power Commis- 15 of the Natural Gas Act and the Com- to the jurisdiction conferred upon the sion, Washington, D.C. 20426, in accord- mission's rules of practice and procedure, Federal Power Commission by sections 7 ance with the rules of practice and pro- a hearing will be held without further and 15 of the Natural Gas Act and the cedure (18 CFR 1.8 or 1.10) on or before notice before the Commission on this ap- Commission's rules of practice and pro- August 14, 1967. plication if no protest or petition to in- cedure, a hearing will be held without tervene is filed within the time required further notice before the Commission on GORDON M. GRANT, herein, If the Commission on its own this application if no protest or petitiori Secretary. review of the matter finds that a grant of to intervene is filed within the time re- [F.R. De. 67-8655; Filed, July 25, 1007: the certificate is required by the public quired herein, if the Commission on its 8:48 a.m.] convenience and necessity. If a protest or own review of the matter finds that a petition for leave to intervene is timely grant of the certificate is required by the [Docket No. 0P68-4] filed, or if the Commission on its own public convenience and necessity. If a motion believes that a formal hearing is protest or petition f6r leave to intervene NATURAL GAS PIPELINE COMPANY required, further notice of such hearing is timely filed, or If the Commission on OF AMERICA will be duly given. its own motion believes that a formal Notice of Application Under the procedure herein provided hearing is required, further notice of for, unless otherwise advised, it will be such hearing will be duly given. JULY 12, 1967. unnecessary for Applicant to appear or Under the procedure herein provided Take notice that on July 3, 1967, be represented at the hearing. for, unless otherwise advised, it will be Natural Gas Pipeline Company of unnecessary for Applicant to appear or GORDON M. GRANT, America (Applicant), 122 South Mich- be represented at the hearing. Secretary. igan Avenue, Chicago, Ill. 60603, filed In [F.R. Doc. 67-8653; Filed, July 25, 1967; GORDON M. GRANT,. Docket No. CP68-4 an application pur- 8:47 a.m.l Secretary. suant to section 7(c) of the Natural Gas [P.R. Doc. 67-8654; Filed, July 25, 1967; Act for a certificate of public convenience 8:48 am.] and necessity authorizing the sale and [Docket No. CP68-12] delivery of additional volumes of natural EL PASO NATURAL GAS CO. gas in interstate commerce to existing [Docket No. CP68-11] customers, all as more fully set forth in Notice of Application MICHIGAN GAS AND ELECTRIC CO. the application which Is on file with the Commission and open to public inspec- JULY 18, 1967. AND NORTHERN NATURAL GAS CO. Take notice that on July 10, 1967, El tion. Notice of Application Specifically, Applicant seeks authori- Paso Natural Gas Co. (Applicant), Post deliver up to 50,000 Office Box 1492, El Paso, Tex. 79999, filed zation to sell and JULY 18, 1967. Mcf per day of natural gas under a new In Docket No. CP68-12 an application Take notice that on July 10, 1967, WS Rate Schedule for the period pursuant to section 7(c) of. the Natural December 1, 1967 through April 30, 1968, Gas Act for a certificate of public con- Michigan Gas and Electric Co. (Appli- cant), 100 South Main Street, Three to be apportioned among four existing venience and necessity authorizing the customers as follows: sale and delivery of natural gas in inter- River's, Mich. 49093, filed in Docket No. state commerce to The Washington CP68-11 an application pursuant to sec- Daily winter serv- Water Power Co. (Water Power) for tion 7(a) of the Natural Gas Act for an Customer ice quantity (M/) transportation to and resale and general order, of the Commission directing Iowa-Illinois Gas & Electric Co,- 6, 711 distribution In the community of Asotin, Northern Natural Gas Co. (Respondent) Iowa Power & Light Co ------380 to construct and operate natural gas Northern Indiana Public Service Co. 13, '03 Wash., and environs, all as more fully set The Peoples Gas Light & Coke Co... 81,140 forth in the application on file with the transmission facilities and to sell and Commission and open to public inspec- deliver natural gas in interstate com- Total ------152, 000 tion. merce for resale and distribution-in On- tonagon County, Mich., all as more fully 1"Equivalent to 50,000 Mcf on an ns Specifically, Applicant requests au- metered basis." thorization to sell and deliver natural set forth in the application which is on gas to Water Power at the outlet of Ap- file with the Commission. Applicant states that no additional plicant's existing Lewiston-Clarkston Specifically, Applicant requests that facilities are required to render the serv- Meter Station. Respondent be ordered to extend its ice proposed above. Applicant states that Water Power will transportation facilities to the facilities Protests or petitions to intervene may transport the natural gas to points of to be constructed by Applicant and to be filed with the Federal Power Commis- resale and distribution in the community sell and deliver volumes of natural gas sion, Washington, D.C. 20426, in accord- of Asotin, Wash., through the facilities for resale and distribution by Applicant ance with the rules of practice and

FEDERAL REGISTER, VOL.-32, NO. 143-WEDNESDAY, JULY 26, 1967 NOTICES 10953 procedure (18 CFR 1.8 or 1.10) and the described In (1) above, by sale to this application if no protest or petition regulations under the Natural Gas Act Pipeline; to intervene Is filed within the time re- (§ 157.10) on or before August 9, 1967. (5) Line connections between the qulred herein, If the Commission on its Take further notice that, pursuant to 5-inch and 6-Inch pipelines described in own review of the matter finds that a the-authority contained in and subject to (1) above, by sale to Pipeline; grant of the certificate or permission and the jurisdiction -conferred upon the (6) Approximately 7.60 miles of 5- approval for the proposed abandonment Federal Power Commission by sections 7 inch transmission pipeline extending Is required by the public convenience and 15 of the Natural Gas Act and the from the point of interconnection with and necessity. If a protest or petition for Commission's rules of practice and pro- Texas described In (1) above to a point leave to intervene is timely filed, or if cedure, a -hearing will be held without just north of the city of Milton, Ky., by the Commission on Its own motion be- further notice before the Commission on sale to Ohio River Gas Co., Inc. (Ohio); lieves that a formal hearing s required, this application if no protest or petition and further notice of such hearing wil be to intervene is filed within the time re- (7) Approximately 0.32 of a mile of duly given. quired herein, if the Commission on Its 5-inch pipeline extending from a point Under the procedure herein provided own review of the matter finds that a of connection with the city of Madison for, unless otherwise advised, it will be grant of the certificate is required by the distribution system to a point at the unnecessary for Applicant to appear or public convenience and necessity. If a Indiana end of the Madison-Milton be represented at the hearing. protest or petition for leave to intervene Bridge, by transfer to Indiana Gas & is timely fied, or if the Commission on Water Co., Inc. (Indiana). GORDON M. G n'N, its own motion believes that a formal Applicant states that the natural gas Secretary. -hearing is required, further notice of facilities proposed to be sold to Pipeline [P.R. Doc. 67-8657; Pned. July 25, 1967; such hearing will be duly given. arendw used exclusively to serve Appli- 8:48 a ]. Under the procedure herein provided cant's Indiana and Kentucky local dis- for, unless 6therwise advised, it will be tribution systems and after the pro- [Docket No. CP67-194, CP66-931 unnecessary for Applicant to appear or posed sale will continue to be used by be represented at the hearing. Pipeline exclusively for such service. NORTHERN NATURAL GAS CO. GORDON A- GRAbr, Applicant further states that the facilities proposed to be sold to Ohio are now Notice of Petifion To Amend Secretary. used as a part of Applicant's Kentucky I[M.1Doc. 67-8656; Filed. July 25; 1967; local distribution qystem and will con- JuLy 17, 1967. 8:48 aim] tinue to be used as such after the pro- Take notice that on July 10, 1967, posed sale. Applicant further states that Northern Natural Gas Co. (Petitioner), [Docket No. CP68--31 the facilities proposed to be transferred 2223 Dodge Street, Omaha, Nebr. 68102, to Indiana are now a part of Applicant's filed in Docket Nos. CP67-194 and CP66- NATURAL GAS SERVICE, INC. Indiana local distribution system and 98 a petition to amend the orders of the will continue to be used as such after the Commission issued May 19, 1967, and Notice of Application proposed transfer. Applicant also states December 13, 1965, respectively, by au- JuLr 14, 1967. that the proposed abandonments are a thorizing Petitioner to- relocate certain Take notice that on July 3, 1967, Nat- part of a program to simplify Appll- natural gas facilities, change distributors ural Gas Service, Inc. (Applicant), 1630 cant's operations and enable It to estab- for Initial natural gas service to nine North Meridian Street, ndianapoliS, lish lower retail distribution rates. communities and relocate a measuring Ind. 46202, filed in -Docket No. CP68-3 Applicant states that It has agreed to station, all as more fully set forth in the an application pursuant to section 7(b) sell and Pipeline and Ohio have agreed petition to amend which is on file with of the Natural Gas Act for permission to purchase the respective natural gas the Commission and open to public and approval to abandon certain natural facilities at the net book cost thereof. inspection. gas facilities or, as an alternative, pur- Applicant further states that It has By the above-mentioned order in Dock- suant to section 7(c) of the Natural Gas agreed to transfer Its remaining prop- et No. CP67-194, petitioner was author- Act for a certificate of public conven- erties and assets, including the natural ized, inter alia, to construct and operate ience and necessity authorizing the op- gas facilities described in (7) above, to approximately 1.6 miles of 2-inch pipe- eration of certain natural gas -facilities, Indiana, its parent company, under a line and a town border station to serve all as more fully set forth in the appli- plan of reorganization in exchange for the community of New Providence cation which is on file with the Commis- the surrender of all its outstanding cap- (Providence), Hardin County, Iowa. Pe- sion and open to public inspection. ital stock owned by Indiana, after which titoner was further authorized, inter alia, Specifically, Applicant seeks permis- it is proposed that Applicant will be by the above-mentioned order in Docket sion and approval to abandon by sale or dissolved. No. CP66-98, to construct and operate a transfer the following natural gas In the event that permission and ap- measuring station on its 20-inch pipe- facilities: proval for Applicant's proposed aban- line to Waterloo, Iowa, which is used (1) Approximately 8.35 mllesof 6-inch donments is denied, Applicant seeks au- for the sale of natural gas to Iowa Elec- pipeline extending from a point of con- thorization to operate the above-set- tric Light & Power Co. (Iowa) for resale nection with Texas Gas Transmission forth natural gas facilities, previously to Lawn Hill Elevator (Hill). By the Corp. (Texas) approximately 8 miles constructed, to serve its local distribu- instant filing, Petitioner seeks authoriza- east of the Madison-Milton Bridge to L tion systems in Indiana and Kentucky. tion to relocate the proposed pipeline to point of connection with Applicant's Protests or petitions to intervene may serve Providence by purchasing and uti- distribution system In the city of Madi- be filed with the Federal Power Com- lizing the 4,000 foot pipeline presently son, Ind., by sale to Ohio River Pipeline mission, Washington, D.C. 20426, in ac- owned and operated by Iowa and used Corp. (Pipeline) ; cordance with the rules of practice and to serve Hill, said pipeline extending (2) Approximately 0.46 of a mile of procedure (18 CFR 1.8 or 1.10) and the from Petitioner's measuring station to 5-inch pipeline looping the 6-inch pipe- regulations under the Natural Gas Act Hill which Is 1 mile from Providence. line described in (1) above, by sale"to (§ 157.10) on or before August 9, 1967. Petitioner also proposes .to construct an Pipeline; Take further notice that, pursuant to additional mile of 2-inch pipeline branch (3) A regulator and metering station the authority contained in and subject from Hill to Providence and relocate its near the sales metering station of Texas to the Jurisdiction conferred upon the measuring station at the site of Hill. at the interconnection described in (1) Federal Power Commission by sections Petitioner also seeks authorization to above, by sale to Pipeline; 7 and 15 of the Natural Gas Act and the transfer distributors for nine of the com- - (4) A metering station near the con- Commission's rules of practice and pro- munities, all located in Minnesota, cer- nection with Applicant's distribution cedure, a hearing will be held without tificated for initial natural gas service system in the city of Madison, Ind., as further notice before the Commission on in Docket No. CP67-194 as follows:

-FEDERAL REGISTER, VOL. 32, NO. 143-WEDNESDAY, JULY 26, 1967 10954 NOTICES

Protests or petitions to intervene may Applicant states that the natural gas Community Certificated Proposed be filed with the Federal Power Commis- facilities described above are now used distributor distributor sion, Washington, D.C. 20426, in accord- exclusively to serve the Indiana and ance with the rules of practice and proce- Kentucky local distribution systems of Appleton ---- Groat Plains Peoples Division Applicant further states Natural Gas of Northern dure (18 CFR 1.? or 1.10)" and the regu- Natural and Co. (Great Natural Gas lations under the Natural Gas Act that after acquisition and purchase, said Plains). Co. (Peoples). (§ 157.10) on or before August 14, 1967. facilities will continue to be used for the Cottonwood.. Great Plains---- Peoples. Itancock..... Great Plains ------Peoples. Take further notice that, pursuant to exclusive service of such systems. Appli- Lainberton. - - Great Plains ---- Peoples. the authority contained in and subject cant also states that the proposed Madison ..... Great Plains ---- Peoples. is part of a program to sIM- Sanborn- ...... Great Plains ---- Peoples. to the jurisdiction conferred upon the acquisition Cyrus...... Peoples ------Minnesota Natural Federal Power Commission by sections 7 plify the operations of Natural and en- Gas Co. and 15 of the Natural Gas Act and the able Natural to lower their retail Lownry-..... Peoples ------Innesota. Commission's rules of practice and pro- distribution rates. Morris ---- Minnesota Minnesota. cedure, a hearing will be held without states that it has agreed Western Gas Applicant Co. further notice before the Commission on to purchase and Natural has agreed to this applicationif no protest or petition sell said natural gas facilities at the net to intervene is filed within the time re- states that the above pro- book cost thereof. Petitioner quired herein, if the Commission on its posed changes will not result in any Protests or petitions to intervene may demand as previ- own review of the matter finds that a be filed with the Federal Power Commis- change in contract by the nor will there be any grant of the certificate is required sion, Washington, D.C. 20426, in accord- ously authorized and necessity. If a change in service rendered. public convenience ance with the rules of practice and pro- protest or petition for leave to intervene (18 CFR 1.8 or 1.10) and the reg- Petitioner estimates the total cost of cedure is timely filed, or If the Commission on ulations under the Natural Gas Act the facilities proposed to serve the com- its own motion believes that a formal (§ 157.10) on or before August 7, 1067. munity of Providence at approximately hearing is required, further notice of the Take further notice that, pursuant to $17,920, which includes $13,520 for such hearing will be duly given. proposed 1 mile of pipeline and $4,400 for the authority contained in and subject Under the procedure herein provided to the jurisdiction conferred upon the the purchase of the pipeline from Iowa, advised, it will be the cost for, unless otherwise Federal Power Commission by sections said cost being $980 less than Applicant to appear or in unnecessary for 7 and 15 of the Natural Gas Act and the of the facilities originally proposed be represented at the hearing. Docket No. CP67-194 for said natural gas Commission's rules of practice and pro- service. GORDON M. GRANT, cedure, a hearing will be held without on Protests or petitions to intervene may Secretary. further notice before the Commission be filed with the Federal Power Commis- [F.R. Doe. 67-8659; Piled, July 25, 1967; this application if no protest or petition within the time re- sion, Washington, D.C. 20426, in accord- 8:48 a.m.l to intervene is filed on its ance with the rules of practice and pro- quired herein, if the Commission the own review of the matter finds that a cedure (18 CFR 1.8 or 1.10) and [Docket No. CP68-2] regulations under the Natural Gas Act grant of the certificate is required by the necessity. If a (§ 157.10) on or before August 14, 1967. OHIO RIVER PIPELINE CORP. public convenience and protest or petition for leave to intervene GORDON M. GRANT, Notice of Application is timely filed, or if the Commission on Secretary. its own motion believes that a formal JuLY 14, 1967. [P.R. Doc. 67-8658; Filed, July 25, 1967; hearing is required, further notice of such 8:48 a.m.] Take notice that on July 3, 1967, Ohio hearing will be duly given. River Pipeline Corp. (Applicant), 1630 Under the procedure herein provided North Meridian Street, Indianapolis, Ind. for, unless otherwise advised, it will be [Docket No. CP68-101 46202, filed in Docket No. CP68-2 an ap- unnecessary for Applicant to appear or plication pursuant to section 7(c) of the be represented at the hearing. NORTHERN NATURAL GAS CO. Natural Gas Act for a certificate of pub- GORDON M. GRANT, Notice of Application lic convenience and necessity authorizing the acquisition and operation of certain Secretary. JuLy 18, 1967. natural gas facilities, all as more fully [P.R. Doe. 67-8660; Filed, July 25, 1067; Take notice that on July 10, 1967, set forth in the application which is on 8:48 a.m,] Northern Natural Gas Co. (Applicant), file with the Commission and open to Street, Omaha, Nebr. 68102, 2223 Dodge public inspection. [Docket No. 0P66-43J filed in Docket No. CP68-10 an applica- Specifically, Applicant seeks authori- tion pursuant to section 7(c) of the zation to acquire and operate the follow- TEXAS EASTERN TRANSMISSION Natural Gas Act for a certificate of pub- ing natural gas facilities Presently owned CORP. lic convenience and necessity authorizing by Natural Gas Service, Inc. (Natural); the sale and delivery of natural gas in , (1) Approximately 8.35 miles of 6-inch Notice of Petition to Amend Interstate commerce to the Northern pipeline extending from a point of inter- JULY 18, 1967. Helex Co. (Helex), all as more fully set connection with Texas Gas Transmission forth in the application which is on file Corp. (Texas) approximately 8 miles east Take notice that on July 7, 1967, Texas (Petitioner), with the Commission and open to public of the Madison-Milton Bridge, to a point Eastern Transmission Corp. inspection. of connection with Natural In the city of Pose Office Box 2521, Houston, Tex. 77001, filed in Docket No. CP66-43 a petition to Applicant proposes to sell Madison, Ind.; Specifically, by the Commis- Helex up to 7,500 Mcf per (2) Approximately 0.46 of a mile of 5- amend the order issued and deliver to Peti- at a price of $900 per annum plus 28 inch pipeline looping the line described sion April 29, 1966, by authorizing day storage serv- Mcf for gas delivered. The in (1) above; tioner to provide additional cents per storage customer and gas is to be delivered on a stand- (3) A regulator and metering station ice to an existing natural to three new by basis for use in Helex's helium extrac- near the sales metering station of Texas to provide storage service Kans. at the interconnection set forth In (1) storage customers, all as more fully set tion plant near Bushton, is above; forth in the petition to amend which The standby gas is to be used for plant and open to (4) A metering station near the inter- on file with the Commission fuel during the periods of interruption public inspection. of Helex's intrastate connection with the city of Madison dis- or curtailment order, Peti- source of gas. tribution system; and By the abovementioned tioner was authorized to provide storage Applicant states that the service will (5) Line connections between the 5- inch and 6-inch pipelines set forth in service to certain customers and to con- be provided through existing facilities struct and operate certain natural gas with no additional facilities needed. (1) and (2) above.

FEDERAL REGISTER, VOL. 32, NO. 143-WEDNESDAY, JULY 26, 1967 NOTICES 10955 the seventh sentence of (d) Inspection of Records. The follow- necessary to provide such stor- Also correct In the cus- facilities two to read: "In addition, Ing specific files and records By the Instant filing, Peti- paragraph are available to the age service. SEPA pays for support service furnished tody of the Secretary seeks authorization to provide nat- and 417, of the tioner Florida Power at a rate of $2.55 per public (secs. 16, 204, 316, gas storage service to three new by 916, and 1017), ural kw,plus 6A mills per kwh before adjust- Act, 49 U.S.C. 16, 304, storage customers'and additional natural and may be inspected at the Commis- ment for fuel. Interior a 0 *"' gas storage service to an existing stor- sion's office in Washington upon reason- age customer as follows: GORDON M. GRANT able request: Secretary. (1) Copies of tariffs, rate schedules, - aximumI Macimum [F.. Doe. 67-8651: Piled, July 25, 1967: Section 22 quotations or tenders, classifi- Customer daily annual powers of attorney, concurrences quantity quantity 8:47 anm.] cations, (MC!) (Mel) and contracts fled with the Commission pursuant to sections 6, 22, 217, 218, 306, [Docket Nor..ArC4-1 etc.] U.S.C. 6, 22, Huntingdon Gas Co----. 242 10,9-- 405, and 409 of the Act (49 Lewistown Gas Co. (Joint AREA RATE PROCEEDING (HUGOTON- 317, 318, 906, 1005, and 1009). Buyers) ------778 54,4S0 (2) Annual and other periodic reports Philadelphia Electric Co- 10.200 714,019 ANADARKO AREA) ET AL. New Jersey Natural Gas Co.'. 24,4SI 1,713,640 filed with the Commission pursuant to Total _ __ _ 35,701 1 2,49D.067 Order Permiting Withdrawal of In- sections 20, 220, 313, and 412 of the creased Rate Filing, Severing and Act (49 U.S.C. 20, 320, 913, and 1012). profiles, These volumes are In addition to those previously Terminating Proceeding; Correction (3) Annual reports, maps, with the Commission authorized in this docket. and other data filed JUNE 29, 1967. pursuant to section 19a. Petitioner proposes to initiate the serv- 1, 1967. Pe- Area Rate Proceeding et al. (Hugoton- (4) All docket files, including plead- ice proposed above November Nos. ArB4-1, depositions, exhibits, transcripts of the storage facilities Anadarko Area), Docket ings, titioner states that etc.; Jewel Osborn, Betty OsbornBleden- testimony, recommended and proposed originally authorized in this docket will exceptions, briefs, and reports gas storage "harn, Osborn-Barrett Petroleum, Inc., reports, permit °it to render natural Jr. (Operator), et al., and orders of the Commission in any amount of a max- and W. B. Osborn, service in an aggregate No. R164-153. proceedings. of 153,000 lvcf and Docket imum daily quantity withdrawal of (5) File of instruments or documents volume of In the order permitting a maximum annual storage severing and ter- recorded pursuant to section 20a and in- issued by the increased rate filing, 10,700 MMcf. By the order issued June 8,1967, dex thereto. April 29, 1966, minating proceeding, Commission in this docket in the FEDERAL REUSTER (6) Other files and records, depending authorized to provide and published Petitioner was 16, 1967 (P.R. Doc. 67-6755, 32 F.R. on their nature may be available for pub- storage service to its cus- June natural gas following corrections: lic inspection where the disclosure would Mcf of maximum 8685), make the tomers totaling 11,5,653 "Area Rate Proceeding, et al. be consistent with the public interest and 8,095,696 Mcf of maxi- Change daily quantity and (Other Southwest Area), Docket Nos. duties of the Commission. Request to in- storage volume. Petitioner mum annual AR67-1 et aL. to read "Area Rate Pro- spect such records when such request is states that it therefore has the uncom- Area), during a formal proceeding, the ceeding et al. (Hugoton-Anadarko not made mitted storage capacity to render Nos. AR64-1 et al." shall be addressed to the Secretary. If proposed Docket natural gas storage service Correct footnote I to read: Secretary rules that such records states that 3o the above. Petitioner further in No. .64--153 cannot be made available because they proposed 'The proceeding Docket new or additional facilities are are exempt under the provisions of P. above. was consolidated with Area Rate Proceeding to render the service proposed Docket Nos. (sec. 1, 81 Stat. 54; 5 US.C. 552), may et al. (Hugoton-Anadarko Area). 90-23 Protests or petitions to intervene AR64-1 et al., by the Commission's order from such ruling may be ad- Commis- appeal be filed with the Federal Power Issued July 17. 196L dressed to the Chairman whose decision sion, Washington, D.C. 20426, in accord- shall be administratively final. with the rules of practice and pro- Change ordering paragraph (B) In its ance (7) Requests to inspect public records cedure (18 CFR 1.8 or 1.10) and the reg- entirety to read as follows: In Docket No. should be made at the Secretary's Office ulations under the Natural Gas Act (B) The proceeding "C" or at one of the public reference rooms, ( 157.10) on or .before August 14, 1967. R164-1-53 is severed from Appendix (Supplement), Docket Nos. AR64-1 et a]., in the Commission's Washington Office. GoRDoN M. GRANT, Area Rate Proceeding et al (Hugoton- Copies of certain rate schedules, tariffs, Secretary. Anadarko Area), and is terminated. reports and operating authorities filed by and applicable to motor carriers are [F.R. Doe. 67-8661; -Filed, July 25, 1967; GORDON M. GnAnZ, 8:48 a.m.] Secretary. available for inspection at field offices where personnel of the Bureau of Opera- [P.R. Doc. 67-8652; Filed, July 25, 1967; tions are located. [Docket No. E-6957] 8:47 a.m.] (8) Copies of gind extracts from public DEPARTMENT OF T H E INTERIOR records will be certified by the Secretary, Per- SOUTHEASTERN POWER ADMINIS- under the seal of the Commission. the Commission to pre- JI'M WOODRUFF sons requesting TRATION, INTERSTATE COMMERCE pare such copies should clearly state the PROJECT material to be copied, and whether it will be made Notice of Request for Approval of Rate. shall be certified. A charge COMMISSION certificate and for the preparation Correctiob for Schedules; DESCRIPTION OF CENTRAL AND FIELD of copies. JuNE 29, 1967. ORGANIZATION 2. In Item 3, entitled "Bureau and functional In the notice of request' for approval JuLY 13, 1967. Office Organization," the -of rate schedules, issued June 12, 1967 statements of the Office of Proceedings, description of the central and published in the FEDERAL REGISTER The current appearing as paragraph (f and the Doc. 67-6825, 32 F.R. and field organization of the Interstate Bureau of Accounts, appearing as para- June 17, 1967 (F.R. on the second sentence of the Commerce Commission published graph (g) are revised to read as follows: 8738), correct 16, 1967, issue of second paragraph of the text to read page 8690 of the June 3. Bureau and Office Organization. is amended as as follows after deleting "five of" "The the FEDERAL REGISTEr, entire output of the Project is now being follows: 1. In Item 2, entitled "Public Informa- (f) Office of Proceedings. This Office sold by SEPA to six preference customers with the tion," paragraph (d) is revised to read as performs duties in connection and to Florida Power Corporation (Flor- quasi-judicial administrative proceed- ida Power), which delivers,the energy follows: 2. Availability of Information. ings which come before the Commission sold to the -preference customers over Its pursuant to the various provisions of the facilities for the account of SEPA."

'FEDERAL REGISTER, VOL. 32, NO. 143-WEDNESDAY, JULY 26, 1967 10956 NOTICES

Interstate Commerce Act and other re- The Director's Office is responsible for ployee Board for consideration and adop- lated Acts. Such proceedings generally overall effective management of the Of- tion. Report writers assigned to this sec- involve rail carriers, motor carriers, wa- fice of Proceedings, including direction tion also Independently prepare and ter carriers, freight forwarders, brokers, of the operating sections and employee review memoranda recommending the and pipelines subject to the Commis- boards; maintaining case processing and action the Commission, a division, or an sion's jurisdiction and relate to: author- other statistical records; providing case individual Commissioner should take on ity to construct, acquire, or abandon status information; performing special petitions for rehearing, reargument, or lines of a railroad or the operation there- studies and projects; handling Joint reconsideration, and petitions for other of; proposed discontinuance or changes Board appointments; perforniing neces- relief. in the operation by railroads of trains sary administrative support functions for (4) Review Board No. 1. See Item 7.12 or ferries; contracts and agreements for the Office; examining applications for of the Organization Minutes as amended the pooling or division of traffic and operating rights; and preparing certifi- for functions and duties. earnings; authority .to consolidate. cates, permits, and licenses specifying (5) Review Board No. 2. See Item 7.12 merge, transfer ownership, or acquire permanent grants of authorities ap- of the Organization Minutes as amended control of carriers; authority for a rail- proved by the Commission and related for functions and duties. road to acquire trackage rights over, or orders reissuing, vacating, or amending (6) Review Board No. 3. See Item joint ownership or use of, railroad lines such authorities after action by the Com- 7.12 of the Organization Minutes as and terminals and the use by one rail- mission. amended for functions and duties. road of terminal facilities of another, (1) Policy Review Committee. This (7) Review Board No. 4. See Item 7.12 authority to issue securities or to assume Committee provides the Commission of the Organization Minutes as amended obligations and liabilities with respect to with top-level staff analyses and review for functions and duties. securities of others; authority to sell se- of major transportation policy issues; (8) Review Board No. 5. See Item 7.12 curities without competitive bidding; provides advice and assistance both in -of the Organization Minutes as amended authority to alter or modify outstand- connection with those policy issues which for functions and duties. ing securities and obligations; trans- are embodied in specific formal cases (9) Finance Board. See Item 7.6 of the fers of broker's licenses and of certif- and those which transcend individual Organization Minutes as amended for icates and permits of motor carriers and cases or anticipate potential future de- functions and duties. water carriers, and permits of -freight velopments in the transportation in- (10) OperatingRights Board. See Item forwarders; authority to hold position dustry; reviews and recommends disposi- 7.11 of the Organization Minutes as of officer or director of more than one tion of appeals filed with the Commission amended for functions and duties, railroad; the guaranty of loans to rail- seeking substantive review of Commis- (11) Temporary Authorities Board. roads in financing additions or better- sion decisions. See Item 7.4 of the Organzation Minutes ments or other capital expenditures, or (2) Section of Hearings. This Section as amended for functions and duties, for the financing of expenditures for schedules hearings in all proceedings (12) Transfer Board. See Item 7.6 of maintenance of property; under provi- processed by the Office which require an the Organization Minutes as amended for sions of the Uniform Bankruptcy Act, oral hearing; handles procedural ques- functions and duties. the approval of plans of reorganization, tions arising in connection therewith at (g) Bureau of Accounts. Performs the the submission thereof to creditors and all processing steps up to and including accounting, cost finding, valuation and stockholders for acceptance or rejection, service of a report and recommended reporting functions necessary in the reg- the recommendation of formulas for the order; conducts hearings; prepares ulatory work of the Commission to bring segregation of earnings, the ratification initial reports; and releases for service about accurate, uniform and compre- of trustees, the fixing of maximum limits all initial reports and recommended hensive disclosure of financial data by of allowances to trustees and other par- orders. carriers in the public interest. This in- ties in interest, and the authorization of cludes the development of uniform sys- persons, including protective committees, (3) Section of Opinions. This section tems of accounts, valuation regulations, to solicit and act under proxies, author- performs all processing steps other than regulations governing the destruction of izations, or deposit agreements in con- oral hearing and preparation of reports carrier records, statistical and account- nection with railroad reorganization or and recommended orders in cases ing reporting requirements of annual and receivership proceedings; applications handled by the Office of Proceedings in- periodic reports, and other related regu- for certificates, permits, and licenses to cluding initial receipt and handling of lations for all transportation companies perform services as motor common and cases processed under the modified pro- subject to the Act; examining the ac- contract carriers, brokers of motor car- cedure; the preparation of draft final counts, records, reports, and financial rier transportation, water carriers, and reports and orders for consideration by statements filed by such companies to freight.forwarders; requests for exemp- the Commission, a division or an Em- ascertain compliance with Commission tions under the various sections of the ployee, Board in cases handled under accounting and related regulations; com- Act relative to operating authority mat- modified procedure and cases submitted pilation and publication of transporta- ters; the suspension, change, or revoca- on exceptions to, or orders staying, re- tion statistics; development of equitable tion of certificates, permits, and licenses; ports and recommended orders of hear- and reasonable depreciation rates for applications for Certificates of Registra- ing officers or joint boards; preparation carrier property; preparing studies and tion under section 206(a) (6) and (7) of of memoranda of recommendations on petitions filed with the Commission; and analyses of the costs and revenues of the Act; requests for authority under of transportation service of carriers subject the deviation rules; proceedings relative handling of requests for extensions to the Act; maintaining inventories of to rates, fares, charges, and practices; dates for filing pleadings and other pro- railroad and pipeline properties, and applications for relief from anti-trust cedural matters involving any of the developing property valuation data; pre- laws relative to collective ratemaking processing steps for which this Section paring accounting, cost and valuation agreements; proceedings arising under is responsible. data for use in proceedings before the a number of miscellaneous provisions of After analysis of the record and con- Commission; and analyzing cost evi- sideration of briefs, exceptions, other dence presented by other parties in rate the Act and other acts such as the Rail- pleadings, and oral argument, if any, re- way Mail Service Pay Act, Railroad Re- port writers assigned to this section pre- proceedings. Rendering assistance in ac- tirement Act, etc., which require Com- pare draft final reports and orders under counting matters in finance proceedings; mission findings and determinations; in- the direction and supervision of the preparation of financial analyses in con- vestigations looking to the prescription Commissioner or Board Member to whose nection with Commission's proceedings of rules and regulations governing opera- personal docket the case has been as- involving authority to construct, acquire, Oigned or, in cases which have not been or abandon lines of railroads, approval tions of carriers; and formal complaints assigned to individual Commissioners or and investigations concerning failure of Board Members, independently prepare for regulated industry to enter into con- carriers to comply with the Act or any draft reports and orders for circulation tracts for the pooling or division of traf- requirements established thereunder. to the Commission, a division, or an Em- fic in earnings, to consolidate, merge,

FEDERAL REGISTER, VOL. 32, NO. 143-WEDNESDAY, JULY 26, 1967 NOTICES 10957 transfer ownership -or acquire control of IC Act, and Clayton antitrust Act; sets may be filed with the Interstate- Com- carriers. Also responsible for the admin- forth policies and practices to be fol- merce Commission in the manner and istration of the loan guaranty program lowed in filing the annual and periodic form provided in such rules (49 CFR provided for by the Transportation Act reports, examines and vertifles carrier re- 211.1(e)) at any time, but will not op- of 1958. ports to determine accuracy, complete- erate to stay commencement of the pro- (1) Section of Accounting. Prepares ness and compliance with reporting re- posed operations unless filed within 30 unifor i systems of accounts and general quirements and conducts correspondence days from the date of publication. accounting rules applicable to carriers with carriers regarding Same; performs Successively filed letter-notices of the in the several modes of transportation accounting review of annual reports for same carrier under the Commission's De- subject to Commission regulation; pre- adequacy and compliance with account- viation Rules Revised, 1957, will be num- pares modifications and revisions of such ing provisions, rules and regulations; bered consecutively for convenience in systems and rules; furnishesinterpreta- initiates action leading to institution of Identification and protests if any should tions of accounting and related rules as appropriate proceedings against carriers refer to such letter-notices by number. required; renders assistance in proceed- failing to observe reporting require- ings before the Commission, the courts ments; complies and prepares for pub- MOzOR CARRMs oF PROPRxTr and Congressional Committees involving lication, transportation statistics based No. MC 2263 (Deviation No. 1) "the application of accounting rules and on reports submitted by the carriers cov- LAURE, TRANSPORT CORPORA- .principles; prepares regulations govern- ering such matters as finances and oper- TION, 1036 North Shore Road, Route "ing the destruction of carrier records, ations; prepares special tabulations based 9, Post Olilce Box 438, Rio Grande, and forms and recording of passes; and on reports for the Commission, Congress, N.J. 08242, filed July 12, 1967. Car- prepares correspondence relating thereto. and other governmental agencies; and rier proposes to operate as a common Reviews and evaluates all reports and advises industry, Government agencies, carrier, by motor vehicle, of general related working papers pertaining to and others regarding the scope anq. con- commodities, with certain exceptions, general accounting and valuation extent of the reports and related matters. over a deviation route as follows: aminations made by the Bureau's field (5) Section of Valuation and Depreci- From junction New Jersey Highway staff. Reviews and disposes of accounting ation. Performs work necessary to ascer- 49 and the New Jersey Turnpike over entries submitted by carriers pursuant to tain the value of railroad and pipeline the New Jersey Turnpike to junction In- Commission orders in finance proceed- properties and to determine equitable and terstate Highway 295, thence over Inter- ings. Reviews for approval by the Com- reasonable depreciation rates for carrier state Highway 295 across the Delaware mission agreements between common property as required by the nterstate Memorial Bridge to the Delaware Turn- carriers with persons furnishing pro- Commerce Act. This includes maintain- pike (Interstate Highway 95), thence tective services. Ing current inventories of carrier prop- over the Delaware Turnpike to junction (2) Section of Cost Finding. Prepares erty; ascertaining the original and cur- with the Maryland Turnpike (Interstate cost formulas and studies to reflect the rent reproduction cost of carrier prop- Highway 95), thence over the Maryland cost of transportation by railroads; mo- erty; ascertaining the present value of Turnpike to Junction with the North- tor carriers; inland, coastal and inter- land and the development of other perti- eastern Expressway (at a point approxi- coastal water carriers.- Furnishes cost nent information for finding final prop- mately 8 miles northeast of Baltimore, data for usein considering rate proposals. erty values. Md.), thence over the Northeastern Ex- Analyzes cost evidence submitted by car- (6) Field Staff. Examines accounts pressway to Baltimore, Md., and return riers in petitions for vacation of suspen- and records of carriers to ascertain com- over the same route, for operating con- sion-orders and in rate proceedings, and pliance with accounting, valuation and venience only. The notice indicates that evaluates the adequacy of the studies in related regulations prescribed by the the carrier is presently authorized to relation to the issues. Prepares cost ex- Commission. Ascertains that the pay- transport the same commodities, over a hibits and supplies witnesses in a -ariety ments made by railroads or express com- .pertinent service route as follows: Froni of cases when, directed by the Com- panies are just and reasonable and In Rio Grande, N.J., over US. Highway 9 mission. accordance with agreements with persons to Clermont, NJ., thence over New Jer- (3) Section of FinancialAnalysis. Pre- furnishing protective services. Provides sey Highway 83 to South Dennis, N.J. pares accounting and financial analyses expert testimony in courts of law and thence over New Jersey Highway 47 to for -use by Commissioners and their im- proceedings before the Commission with Millville N.J., thence over New Jersey mediate staffs, members of employee respect to matters developed in field ex- HIghway 49 to junction U.S Highway 40, boards, hearing examiners, attorney ad- aminations and Investigations. thence over US Highway 40 to Balti- visors, adjudicators and other officials of (7) Accounting and Valuation Board. more, Md., and return over the same the Commission in connection with pend- See 'ItemNo. 7.13 of the Organization route. ing applications involving railroads, Minutes as amended for-functions and No. MC 20994 (Deviation No. 1), IN- motor carriers and other carriers subject duties. TER-CITY AUTO FREIGHT, INC. 3441 to the Commission's jurisdiction for au- Second Avenue South, Seattle, Wash. thority to purchase, lease, merger, con- [SEAL] H. NEI GAIIso,-, 98134, filed May 22, 1967. Carrier pro- solidate -or acquire stock control; to is- Secretary. poses to operate as a common carrier,by sue securities or assume obligation and liability in respect thereof; for modifica- [P.R. Doc. 67-628; Filed. July 25. 1967; motor vehicle, of general commodities, 8:46 a.m.] with certain exceptions, over deviation tion of capital structures; for reorgani- routes as follows:, (1) From Tacoma, zations; for abandonment of a line of railroad; and for discontinuance Wash., over Interstate Highway 5 to of a [Notice 4561 Seattle. Wash., (2) from Seattle, Wash., passenger train. Also administers the MOTOR Commission's Part V loan program in- CARRIER ALTERNATE ROUTE' over Interstate Highway 5 to Burling- volving thereceipt and analysis of DEVIATION NOTICES ton. Wash., thence over Washington reports Highway 20 to Sedro Woolley, Wash., sho*ing the financial and operating con- JuLy 21, 1967. thence over Washington Highway 20 to dition of the debtor railroads, and the The following letter-notices of pro- Newhalem, Wash., (3) from Everett, analysis of and recommendation of ac- posals to operate over deviation routes tion to Wash, over Interstate Highway 5 to be taken by the Commission on for operating convenience only have been Seattle, Wash., and (4) from Seattle, petitions for modification of the out- filed with the Interstate Commerce Com- Wash., over Interstate Highway 5 to standing loans such as extension of ma- mission, under turities andi-release the Commission's Devia- Burlington, Wash. thence over Wash- or substitution of tion Rules Revised, 1957 (49 CFR 211.1 ington Highway 20 to Sedro Woolley, collatral. - (c) (8)) and notice thereof to all inter- Wash., thence over Washington High- (4) Section of Reports. In cooperation ested persons Is hereby given as provided way 20 to Marblemount, Wash., thence with other bureaus and offices prepares in such rules (49 CFR 211.1(d) (4)). over Washington Highway 20 to New- the statistical and accounting reporting Protests against the use of any pro- halem, Wash., thence over Washington requirements of carriers subject to the posed deviation route herein described Highway 20 to Diablo Dam, Wash, and

FEDERAL' REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 No. 143--6- 10958 NOTICES return over the same routes, for operat- Interstate Highway 55, thence over and Interstate Highway 64 over Virginia ing convenience only. The notice in- Interstate Highway 55 to junction Highway 672 to Richmond; (9) from In- dicates that the carrier is presently au- Louisiana Highway 16 (an access road), terchange Interstate Highway 64 and 60 thorized to transport the same commod- thence over Louisiana Highway 16 to Connector Access Highway, over 60 Con- ities, over pertinent service routes as junction U.S. Highway 51 at Amite, La., nector Access Highway to Junction U.S. follows: (1) From Tacoma, Wash., over and return over the same route, for Highway 60 west of Sandston, Va.; and U.S. Highway 99 to Seattle, Wash., (2) operating convenience only. The notice (10) from Interstate Highway 64, Camp from Seattle, Wash., over U.S. Highway indicates that the carrier is presently Peary Interchange via the Camp Peary 99 to Burlington, Wash., thence over authorized to transport passengers and Interchange and Security Road, to Camp Washington Highway 1F to Sedro the same property, over pertinent service Peary; and return over the same routes, Woolley, Wash., thence over Washing- routes as follows: (1) From St. Louis, for operating convenience only. The no- ton Highway 17A to Marblemount, Mo., over U.S. Highway 67 to Mehivllle, tice indicates that the carrier is pres- Wash., thence over Washington High- Mo., thence over U.S. Highway 61 to ently authorized to transport passengers way 17 to Newhalem, Wash., (3) from junction old U.S. Highway 61 at a point and the same property over pertinent Everett, Wash., over U.S. Highway 99 approximately one mile northeast of service routes as follow: (1) From Mor- to Seattle, Wash., and (4) from Seattle, Turrell, Ark., thence oyer old U.S. High- rison, Va., over U.S. Highway 60 to Leo Wash., over the route specified in (2) way 61 to Turrell, Ark., thence over U.S. Hall, Va., thence over Virginia Highway above to Marblemount, Wash., thence Highway 61 via Clarksdale, Miss., to 168 to junction Virginia Highway 238, over unnumbered- highway to Diabl'o Vicksburg, Miss., (2) from Clarksdale, -thence over Virginia Highway 238 to Dam, Wash., and return over the same Miss., over U.S. Highway, 49 to Tutwiler, Yorktown, Va.; (2) from Fortress Mon- routes. Miss., thence over U.S. Highway 49E to a roe, Va., over U.S. Highway 60 via New- No. MC 65660 (Deviation No. 4), point approximately 1.3 miles north of port News, Va., to junction U.S. High- WARNER & SMITH MOTOR FREIGHT, Yazoo City, Miss., thence over old U.S. way 17; (3) from Lee Hall, Va., over U.S. INC., 66 Third Street, Post Office Box 96, Highway 49E to Yazoo City, Miss., thence Highway 60 to Junction Virginia High- Masury, Ohio 44438, filed July 12, 1967. over U.S. Highway 49 to Jackson, Miss., way 174, thence over Virginia Highway Carrier proposes to operate as a common and (3) from Jackson, Miss., over U.S. 174 to junction Virginia Highway 238, carrier, by motor vehicle, of general Highway 51 to Laplace, La., and return thence return over Virginia Highway 174 commodities, with certain exceptions, over the same routes. to junction U.S. Highway 60, thence over over a deviation route as follows: From No. MC 1515 (Deviation No. 393) (Can- U.S. Highway 60 to Richmond, Va.; (4) junction U.S. Highway 19 and Interstate cels Deviation No. 275), GREYHOUND from Williamsburg, Va., over Virginia Highway 79, south, of the Borough of LINES, INC. (EASTERN GREYHOUND Highway 5 (formerly shown as portion Zelienople,,Pa., over Interstate Highway LINES DIVISION), 1400 West Third of Virginia Highway 168), to Junction 79 to junction Interstate Highway 80, Street, Cleveland, Ohio 44113, filed Virginia Highway 168, thence over Vir- thence over Interstate Highway 80 to July 13, 1967. Carrier proposes to operate ginia Highway 168 to Newport News, Va.; junction U.S. Highway 19, south of as a common carrier, by motor vehicle, (5) from Williamsburg, Va., over the Mercer, Pa., and return over the same of passengers and their baggage and Colonial Highway (formerly National route, for operating convenience only. express and newspapers,in the same ve- Highway) to Yorktown, Va., thence over The notice indicates that the carrier is hicle with passengers, over deviation U.S. Highway 17 to Junction Virginia presently authorized to transport the routes as follow: (1) From Newport Highway 168; (6) from Norfolk, Va,, same commodities, over a pertinent serv- News, Va., Patrick Henry Interchange, over Hampton Roads Bridge-Tunnel ice route as follows: Between Pittsburgh, -Interstate Highway 64 (junction Inter- route to junction Virginia Highway 168; Pa., and Erie, Pa 4 over U.S. Highway 19. state Highway 64 and Virginia Highways (7) from junction Virginia Highways 168 143 and 168), over Interstate Highway and 162 over Virginia Highway 168 via MOTOR CARRIERS OF PASSENGERS 64 to junction Virginia Highway 168, junction Virginia Highway 31 to junction No. MC 1515 (Deviation No. 392) Camp Peary Interchange, Interstate Virginia Highway 168Y, thence over Vir- (Cancels Deviation No. 347), GREY- Highway 64 (northwest of Williamsburg, ginia Highway 168Y to junction U.S. HOUND LINES, INC. (Southern Divi- Va.) ; (2) from junction Interstate High- Highway 60; and (8) from Williamsburg, sion), 219 East Short Street, Lexington, way 64 and Virginia Highway 105 (New- Va., over Virginia Highway 31 to Junc- Ky. 40507, filed July 10, 1967. Carrier port News, Va.), over Virginia Highway tion Virginia Highway 168; and return, proposes to operate as a common carrier, 105 to junction U.S. Highway 60 (New- over the same routes. by motor vehicle, of passengersand their port News, Va.) ; (3) from junction Inter- No. MC 2835 (Deviation No. 2) (Can- baggage, and express and newspapers in state Highway 64- and Virginia Highway cels Deviation No. 1), ADIRONDACK the same vehicle with passengers, over 105 (Newport News, Va.), over Virginia TRANSIT LINES, INC., 495 Broadway, deviation routes as follows: (1) From' Highway 105 to junction Virginia High- Kingston, N.Y. 12401, filed July 10, 1967. junction U.S. Highway 51 and Interstate way 168 (Newport News, Va.); .(4) from Carrier's representative: Martin J. Kelly, Highway 55 at Brooks Road in Memphis, Williamsburg, Va., eastbound over Vir- Jr., 70 Pine Street, New York, N.Y. 10005. Tenn., over Interstate Highway 55 to ginia Highway 168 to junction access Carrier proposes to operate as a common junction Mississippi Highway 7, thence road to Interstate Highway 64 near the carrier,by motor vehicle, of passengers over Mississippi Highway 7 (an access western city limits of Newport News, Va., and their baggage, and express and road) to junction U.S. Highway 51, ap- thence over access road to Interstate newspapers in the same vehicle with pas- proximately seven miles north of Highway 64; (5) from junction Inter- sengers, over a deviation route as followsI Grenada, Miss., (2) from Canton, Miss., state Highway 64 and access road to Vir- From Albany, N.Y., over Interstate High- over Mississippi Highway 22 (an access ginia Highway 168 west -of York-James way 87 to Plattsburgh, N.Y., with the road) to junction Interstate Highway City county line, over access road to Vir- following access routes: (1) In the town 55, thence over Interstate Highway 55 to ginia Highway 168, thence over Virginia of Colonle, Albany County, N.Y., over Jackson, Miss., (3) from Jackson, Miss., Highway 168 to Williamsburg, Va.; (6) New York Highway 7 between Interstate over Interstate Highway 55 to junction from Williamsburg, Va., over Virginia Highway 87 and U.S. Highway 9, (2) Mississippi Highway 472 (an access Highway 168 to junction Interstate High- in the town of Clifton Park, Saratoga road), thence over Mississippi Highway way 64 at Camp Peary Interchange, In- County, N.Y., over New York Highway 472 to junction U.s. Highway 51, one mile terstate Highway 64; (7) from Bottoms 146 between InterstateHighway 87 and north of Hazlehurst, Miss. (also over Bridge, Va. (junction U.S. Highway 60 U.S. Highway 9 (also Ushers Road), (3) Mississippi Highway 27 (an access road) and Virginia Highway 33), over Virginia in the town of Malta, Saratoga County, from junction Interstate Highway 55, Highway 33 to junction Interstate High- N.Y., over Round Lake Road between In- one mile west of Crystal Springs, Miss., way 64, thence over Interstate Highway terstate Highway 87 and U.S. Highway to Crystal Springs, Miss.), and (4) from 64 to junction U.S. Highway 360 (also 9 (also New York righway 67), (4) in junction U.S. Highway 51 and U.S. High- known as Mechanicsville Turnpike) in the city of Saratoga Springs, Saratoga way 98 near Summitt, Miss., over U.S. Richmond, Va.; (8) from junction Vir- County, N.Y., over Route 9P (Union Highway 98 (an access road) to junction- ginia Highway 672 (Laburnum Avenue) Avenue) between Interstate Highway 87

FEDERAL REGISTER, VOL. 32, NO. 143-WEDNESDAY, JULY 26, 1967 NOTICES 10959 and the grandstand entrance to the race- Louis H. Shereff, 292 Madison Avenue, HEARING: August 8, 1967, at the of- track (also New York Highway 50 (Ex- New York, N.Y. 10017. Carrier proposes fices of the Interstate Commerce Com- celsior Avenue) between Interstate to operate as a common carrier,by motor mission, Washington, D.C., before Ex- Highway 87 and Maple Avenue), (5) in vehicle, of passengers and their baggage, aminerRobert L. Irwin. the town of Queensbury, Warren County, and express and nwspapers in the same No. M C 35107 (Sub-No. 2) (Republica- N.Y., over Corinth Road between Inter- vehicle with passengers, over a deviation), filed February 23, 1967, published state Highway 87 and Richardson Street tion route as follows: From Interchange FEDERAL REGIsTmz Issue of March 9, 1967, (also on Aviation Road between Inter- No. 28 in Fultonville, N.Y., to Inter- and republished this issue. Applicant: state Highway 87 and US. -Highway 9), change No. 25 in Schenectady, N.Y., over GLEN FLOYD, Beattie, Kans.66406. Ap- (6) in the town of Caldwell, Warren the New York State Thruway, with the plicant's representative: ArthurL. Claus- County, N.Y, over New York Highway following access roads: (1) New York san, 303 New England Building, Topeka, 9N between Interstate Highway 87 and Highway 30A from Fultonville, N.Y., to Hans. 66603. By application filed Febru- U.S. Highway 9 (also over Diamond Point Interchange No. 28, (2) New York High- ary 23, 1967, applicant seeks a certificate Road), (7) In the town of Chester, War- way 30 from New York Highway 5 to In- of public convenencedand necessity au- ren County, N.Y., over New York High- terchange No. 27, and (3) New York thorizing operation, in interstate or for- way 8 between Interstate Highway 87 Highway 5S from New York Highway 5 eign commerce, as a common carrier by and US. Highway 9, (8) in the town of to Interchange No. 26, and return over motor vehicle, over regular routes, of the Chesterfield, Essex County, N.Y., over the same routes, for operating conven- commodities specified below (except in New York Highway 9N between Inter- lence only. The notice ndicates that the tank vehicles), between Home, Kans, state Highway 87 and New York Highway carrier Is presently authorized to trans- and St. Joseph, Mo, and Home, Mans. 22, and (9) 'within the city of Albany, port passengers and the same property, and Kansas City, Mo., serving all inter- Albany County, N.Y., over Interstate over a pertinent service route as follows: mediate points and points In Nebraska Highway 787 between junction of Fourth from Fultonvile, N.Y., over New York and Kansas within 15 miles of Home, Street and Green Street and Interstate Highway 30A to Fonda, N.Y., thence over Kans. An order of the Commission, Op- Highway 787 and Interchange No. 23 of New York Highway 5 to Schenectady, erating Rights Board No. 1, dated June the New York State Thruway, and re- N.Y., and return over the same route. 30, 1967, and served July 13, 1967, finds turn over the same routes, for operating By the Commission. that the present and future public con- convenience only. The notice indicates- venlence and necessity require operation that the'carrier is presently authorized rsEAL3 H. NEIL GAnsozr, by applicant, in interstate or foreign to transport passengers and the same Secretary. commerce, as a common carrier by motor property, over pertinent service routes as IP.IL Doc. 67-8629: FPled. July 25, 1067. vehicle, over irregular routes, of Proc- follows: (1) From Saranac Lake, N.Y., 8:46 am.] essed mill feeds, soy bean meal, bran, over New York Highway 86 to Lake shorts, alfalfa meal, and alfalfa pellets, Placid, N.Y., thence over New York High- in bulk, from Kansas City and St. Jo- way 86A to Keene, N.Y., thence over New [Notice 10881 seph, Mo.; to points in Marshall County, York Highway 9N to Elizabeth-Town, MOTOR CARRIER APPLICATIONS AND Kans.; that applicant Is fit, willing and N.Y., thence over U.S. Highway 9 to Al- CERTAIN OTHER PROCEEDINGS able properly to perform such service and bany, N.Y. (2) from Lake George, N.Y., to conform to the requirements -of the over U.S. Highway 9 to junction New JuLY 21, 1967. Interstate Commerce Act and the Com- York Highway 47, thence over New York The following publications are gov- mission's rules and regulations there- Highway 47 to Hague, N.Y., thence over erned by Special Rule 1.247 of the Com- -under. Because it is possible that other New York Highway 8 to Ticonderoga, mission's rules of practice, published In parties, who have relied upon the notice N.Y., (3) from Saranac Lake, N.Y., over the FEDERAL REGISTER Issue of April 20, of the application ag published, may have New York Highway 86 to junction New 1966, which became effective May 20, an interest in and would be prejudiced York Highway 365, thence over New York 1966. by the lack of proper notice of the au- Highway 365 to junction New York The publications hereinafter set forth thority described in the findings in this Highway 192, thence over New York reflect the scope of the applications as order, a notice of the authority actually Highway 192 to junction New York filed by applicant, and may Include granted will be published In the FDERAL Highway 10, thence over New York High- descriptions, restrictions, or limitations REGISTER and issuance of a certificate in way 10 to Malone, N.Y., thence over New which are not in a form acceptable to this proceeding will be withheld for a York Highway 37 to Massena, N.Y., (4) the Commission. Authority which ulti- period of 30 days from the date of such from Ticonderoga, N.Y., over New York mately may be granted as a result of the publication, during which period any Highway 22 to Port Henry, N.Y., thence applications here noticed will not neces- proper party, in Interest may file a peti- Moriah, over unnumbered highways via sarily reflect the phraseology set forth tion to reopen or for other appropriate Moriah Center, Wetherbee, and Mine- in the application as filed, but also will relief setting forth in detail the precise ville, N.Y., to Fisher Hill, N.Y. (also from eliminate any restrictions which are not manner in which it has been so Port Henry over' unnumbered highways acceptable to the Commission. prejudiced. via Mineville to Wetherbee, N.Y.), (5) Saranac Lake, N.Y., over New York APPLICATIONS ASSIGNED ron ORAL HzEn;G No. MC 66582 (Sub-No. 31) (Republi- from cation), filed March 9, 1967, published Highway 3 to Bloomingdale, N.Y., thence MSOTOR CARRIERS OF PROPEnTY over New York Highway 396 to junction FEDERAL REGISTR issue of March 23.1967. New York Highway 192, thence over New No. MC 25798 (Sub-No. 153) (Republi- and republished this issue. Applicant: York Highway 192 to Gabriels, N.Y., cation), filed June 23, 1967, published in ORANGE & BLACK BUS TIES, INC., FEDERAL REGISTER Issue of July 13, 1967, 419 Anderson Avenue, Fairview. NJ. Ap- (6) from Warrensburg, N.Y., over New F. York Highway 28 to Blue Mountain and republished this issue. Applicant: plicant's reprezentative: Edward *Lake, N.Y., thence over New York High- CLAY HYDER TRUCKING LINES, INC., Bowes, 1060 Broad Street, Newark, NJ. way 10 to Long Lake, N.Y., (7) from Port 502 East Bridgers Avenue, Post Office 07102. By application filed March 9, 1967, Box 1186, Auburndale, Fla. 33823. Appli- applicant seeks a certificate of public Henry, N.Y., over New York Highway 22 authorizing to Plattsburgh, N.Y., and (8) from Ma- cant's representative: Tony G. Russell convenience and necessity lone, MhY., over U.S. Highway 11 to (same address as applicant). Authority operation In interstate or foreign com- Chateaugay, N.Y., thence over New sought to operate as a common carrier, merce, as a common carrier by motor York Highway 374 to junction New York by motor vehicle, over Irregular routes, vehicle, over regular routes, of passen- Highway 3 near Cadyville, N.Y., thence transporting: Candy and confectionery gers and their baggage, in the same ve- over New York Highway 3 to Plattsburgh, products, from Dunn, N.C., to points In hicle as passengers, between points in N.Y., and return over the same routes. Florida, Georgia, Illinois, Indiana. Kan- Fort Lee, NJ., as follows, from junction No. MC 93443 (Deviation No. 2), NA- sas, Michigan, Missouri, North Dakota, TIONWIDE TOURS, INC,, 1344-Albany Ohio, and Oklahoma. Nor: Common marginal Highway and Fletcher Avenue, Street, Schenectady, N.Y. 12304, filed control may be involved. This republica- in Fort Lee, N.J. ovei Fletcher Avenue, July 12, 1967. Carrier's representative: tion is to reflect the hearing information. to -junction Main Street, thence over

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 10960 NOTICES

Main Street, to junction Anderson Ave- ture public convenience and necessity atlon, in interstate or foreign commerce, nue, in Fort Lee, N.J.,'and on return from require operation by applicant, in inter- as a common carrier by motor vehicle, junction of Center Avenue, and Main state or foreign commerce, as a common over Irregular routes, of (1) cameras, Street in Fort Lee, N.J., over Main Street, carrier by motor vehicle over regular projectors, tape recorders, electronic to junction Fletcher Avenue, thence over routes, of general commodities, except flash units, light meters, electronic com- Fletcher Avenue, to junction Cross those of unusual value, classes A and B ponents, and parts related to photo- Street, serving all intermediate points in explosives,- household goods as defined graphic equipment, limited to shipments Fort Lee, N.J. An order of the Commis- by the Commission, commodities in bulk, not to exceed 75 pounds in weight per slon, Operating Rights Board No. 1, dated and those requiring special equipment, shipment between Cleveland, Ohio, on June 29, 1967, and served July 13, 1967, as between Buffalo, N.Y., and Rochester, the one hand, and, on the other, points amended, finds that the present and fu- N.Y.; from Buffalo over New York High- in Illinois, and Philadelphia, Pa,, (2) ture public convenience and necessity way 130 to junction U.S. Highway 20, ophthalmic goods and commercial papers require operation by applicant, in inter- thence over U.S. Highway 20 to Alex- (excluding plant removals), limited to state or foreign commerce, as a common ander, N.Y., thence over New York High- shipments not to exceed 75 pounds in carrier by motor vehicle, over regular way 98 to Batavia, N.Y., thence over New weight per shipment between Mansfield, routes, of passengers and their baggage York Highway 5 to East Avon, N.Y., Ohio, and Fort Wayne, Ind., (3) proofs, In the same vehicle with passengers, be- thence over U.S. Highway 15 to Roch- cuts, copy, photoengraving, art boards, tween points in Fort Lee, N.J., as follows: ester, and return over the same route, type, supplies, and related commodities (1) From junction Cross Street and Lin- serving the intermediate points of East used by typesetting, between Indianap- wood Avenue over Linwood Avenue to Buffalo, Cheektowaga, Depew, Lancaster, olis, Ind., on the one hand, and, on the junction Main Street, thence over Main Town Line, Alden, Darien Center, Alex-, other, Chicago, Ill., Cincinnati, Ohio, and Street to junction Anderson Avenue, ander, Batavia, Stafford, Le Roy, Cale- Louisville, Ky., (4) drugs, narcotics, thence over Anderson Avenue to junction donia, Avon, Industry, West Henrietta, pharmaceuticals, and drug products, be- Center Avenue, and return over the same and Mortimer, N.Y., and the off-route tween Cleveland, Ohio, on the one hand, route serving all intermediate points, (2) points of Fargo and Ray, N.Y., subject and, on the other, points in Kentucky, from junction Center Avenue and Tre- to the following conditions: (1) The and West Virginia, and Marietta, Ohio, mont Avenue, over Tremont Avenue to service to be performed by carrier shall (5) business papers, records, and audit junction Anderson Avenue and return. be limited to service which is auxiliary and accounting media of all kinds (ex- over the same route, serving all interme- to, or supplemental of, its rail service, cluding plant removals) (a) between diate points; and (3) from junction (2) the carrier shall not serve, or inter- Detroit, Mich., and Erie, Pa., (b) between Main Street and Anderson Avenue over change, traffic at any point not a station Evansville, Ind., and Louisville, Ky., (o) Main Street to junction Center Avenue, on its rail lines, (3) the shipments trans- between Columbus, Ohio, on the one and return over the same route, serving ported by carrier by motor vehicle shall hand, and, on the other, points in Marion all Intermediate points; that applicant is be limited to those which it receives from, County, Ind., (d) between Detroit, Mich., fit, willing, and able properly to perform or delivers to, its rail lines under a on the one hand, and, on the other, such service and to conform to the re- through bill of lading covering, in addi- Rochester, N.Y., and Covington and quirements of the Ijaterstate Commerce tion to a motor carrier movement by Louisville, Ky., (6) small operative appli- Act and the Commission's rules and reg- carrier, an immediately prior or immedi- ance parts, between Evansville, Ind., and ulations thereunder. Because it is possi- ately subsequent movement by rail; and Louisville, Ky., (7) business papers, rec- ble that other parties, who have relied (4) such further conditions as the Com- ords and audit and accounting media of upon the notice of the application as pub- mission, in the future, may find it all kinds (excluding plant removals) ad- lished, may have an interest in and necessary to Impose in order to restrict vertising, material and samples moving would be prejudiced by the lack of proper the carrier's operation to service which therewith, between Milwaukee, Wis., and notice of the authority described in the is auxiliary to, or supplemental of, Elmhurst, Ind. An order of the Com- findings in this order, a notice of the rail service; that applicant is fit, mission, Operating Rights Board No. 1, authority actually granted will be pub- willing, and able properly to perform dated June 30, 1967, and served July 13, lished in the F6DERAL REGISTER and issu- such service and to conform to the re- 1967, finds that the present and future ance of a certificate in this proceeding quirements of the Interstate Commerce public convenignce and necessity require will be withheld for a period of 30 days Act and the Commission's rules and reg- operation by applicant, In Interstate or from the date of such publication, dur- ulations thereunder. Because it Is possi- foreign commerce, as a common carrier ing which period any proper party- in ble that other parties, who have relied interest may file by motor vehicle, over Irregular routes, a petition to reopen or upon the notice of the application as of (1) cameras, proiectors, tape re- for other appropriate relief setting forth published, may have an interest in and corders, electronic flash units, light in detail the precise manner in-which it would be prejudiced -by the lack of meters, electronic components, and parts has been so prejudiced. proper notice of the authority described related to photographic equipment, re- No. MC 101010 (Sub-No. 19) (Repub- in the findings In this order, a notice of stricted against the transportation of lication), filed February 16, 1967, pub- the authority actually granted will be lished FEDERAL REGISTER issue of March packages or articles weighing in the published in the FEDERAL REGISTER and aggregate more than 75 pounds from one 9, 1967, and republished this issue. Ap- issuance of a certificate in this proceed- consignor to one consignee on any one plicant: ERIE-LACKAWANNA RAIL- ing wit be withheld for a period of 30 day, bbtween Cleveland, Ohio, on the ROAD COMPANY, a corporation, 101 days from the date of such publication, one hand, and, on the other, points in Prospect Avenue NW., Cleveland, Ohio during which period any proper party in 44115. Applicant's representative: J. R. Illinois, and Philadelphia, Pa,, (2) interest may file a petition to reopen or ophthalmic goods and commercial papers Clark, 1336 Midland Building, Cleveland, for other appropriate relief setting forth Ohio 44115. By application filed February (except cash letters), restricted against in detail the precise manner in which it the transportation of packages or articles 16, 1967, applicant seeks a certificate of has been so prejudiced. public convenience and necessity author- weighing In the aggregate more than 75 izing operation, in interstate or foreign No. MC 111729 (Sub-No. 188) (Repub- pounds from one consignor to one con- commerce, as a common carrier by motor lication), filed January 30, 1967, pub- signee on any one day, between Mans- vehicle, over regular routes, of the com- lished FEDERAL REGISTER issue of field, Ohio and Fort Wayne, Ind., (3) modities, between the points, and in the February 16, 1967, and republished this proofs, cuts, copy, photoengraving, art manner substantially as indicated be- issue. Applicant: AMERICAN COURIER boards, type, supplies, and related comt- low, except that applicant seeks to oper- CORPORATION, 222-17 Northern Bou- modities used by typesetting, between ate between Buffalo and Alexander, N.Y., levard, Bayside, N.Y. 11361. Applicant's Indianapolis, Ind., on the one hand, and, representative: Claude J. Jasper, 111 on the other, Chicago, Ill., Cincinnati, over U.S. Highway 5. An order of the South Fairchild Street, Madison, Wis. By Ohio, and Louisville, Ky., (4) pharma- Commission, Operating Rights Board No. applications filed January 30, 1967, ap- ceuticals, between Cleveland, Ohio, on 1, dated June 29, 1967, and served July plicant seeks a certificate of public con- the one hand, and, on the other, points in 13, 1967, finds that the present and fu- venience and necessity authorizing oper- Kentucky and West Virginia and

FEDERAL REGISTER, VOL. 32. NO. 143-WEDNESDAY, JULY 26, 1967 NOTICES 10961

Marietta, Ohio, (5) business papers, rec- er notice othe authority described in the ance of a certificate In this proceeding ords, and -audit and accounting media findings in this order, a notice of the will be withheld for a period of 30 days (except cash letters), (a) between De- authority' actually granted will be pub- from the date of such publication, during troit, Mich., and Erie, Pa., (b) between lished in the FEDERAL REGISTER and issu- which period any proper party in inter- Evansville, mId., and Louisville, Ky., (c) ance of a certificate in this proceeding est may file a petition to reopen or for between Columbus, Ohio, on the one will be withheld for a period of 30 days other appropriate relief setting forth in hand, and, on the other, points in Marion from the date of such publication, dur- detail the precise manner In which it has County, Ind., (d) between Detroit, Mich., ing which period any proper party in in- been so prejudiced. on the one hand, and, on the other, terest may file a petition to reopen or for No. MC 120157 (Sub-No. 1) (Republi- Rochester, N.Y., and C6vington, and order appropriate relief setting forth In cation), filed December 22, 1966, plub- Louisville, Ky., and (6) business papers, detail the precise manner in which it has lished FDRm REGISTER issue of Janu- records,and audit and accounting media been so prejudiced. ary 26, 1967, and republished this issue. (except cash letters), advertising mate- No. MC 118127 (Sub-No. 6) (Repub- Applicant: PURDIE EXPRESS LINES, rial and samples moving therewith, be- lication), filed February 24, 1967. pub- INC., Stanley, N.Y. Applicant's represen- tween Milwaukee, Wis., and Elmhurst, lished FEDERAL REGISTER issue of March tative.orton E. Kiel, 140 Cedar Street, Ind.; that the holding by applicant of 9, 1967, and republished this issue. Appli- New York, N.Y. By application filed the certificate authorized to be issued cant: HALE DISTRIBUTING COM- December 22, 1966, applicant seeks a cer- in this proceeding and of the-permits in PANY, INC., 1315 East Seventh Street, tificate of public convenience and neces- No. MC 112750 and subs thereunder, will Los Angeles, Calif. 90021. Applicant's rep- sity authorizing operation, in interstate be consistent with the public interest and resentative: William J. Augello. Jr., 2 or foreign commerce, as a common the national transportation policy; and West 45th Street, New York, N.Y. 10036. carrier by motor vehicle, over regular that applicant is fit, willing, and able By-application filed February 24, 1967. routes, of foodstuffs, In containers: A. properly to perform such seivice and to applicant seeks a certificate of public (1) From Holley, N.Y., to Rochester, conform to the requirements of the convenience and necessity authorizing N.Y., over New York Highway 31; (2) Interstate Commerce Act and the Com- operation, in interstate or foreign com- from Holley, N.Y., to.Niagara Falls, N.Y., mission's rules and regulations there- merce, as a common carrier by motor over New York Highway 31; (3) from under. Because it is possible that other vehicle, over irregular routes, of frozen Hamlin, N.Y., to Rochester, N.Y., over persons, who have relied upon the notice poultry products, when moving at the New York Highway 18; (4) from Hamlin, of the application as published, may have same time and in the same vehicle with N.Y., to Niagara Falls, N.Y., over New an interest in and would be prejudiced by commodities which are otherwise partial- York Highway 18; (5) from Williamson. the lack of proper notice of the authority ly exempt from economic regulation un- N.Y, to Rochester, N.Y, over US. High- described in the findings in this order, der section 203(b) (6) of the Interstate way 10-1; (6) from Williamson, N.Y., to a notice of the authority actually granted Commerce Act, from Moorefield, W. Va., Oswego, N.Y., over U.S. Highway 104; will be published in the FEDERAL REGISTER to Flagstaff, Phoenix, and Tucson, Ari., B. thence via Rochester, Niagara Falls, and issuance of a certificate in this pro- Denver, Colo., Las Vegas and Reno, Nev., and Oswego. N.Y, over the following ceeding will be withheld for a period of Albuquerque, N. Me., Portland, Oreg., routes: (1) From Niagara Falls, N.Y., to 30 days from the date of such publica- Salt Lake City, Utah, Seattle, Wash., and Binghamton, N.Y., from Niagara Falls tion, during which period any proper points in California. .An order of the over New York Highway 384 to Buffalo, party in interest may file a petition to Commission, Operating Rights Board No. N.Y.. thence over New York Highway 5 reopen or for other appropriate relief 1, dated June 30,1967 and served July 13, to Junction U.S. Highway 20, thence over setting forth in detail the precise manner 1967, as amended, finds that the present US. Highway 20 to Westfield, N.Y, in which it has been so prejudiced. and future public convenience and neces- thence over New York Highways 17, 17C No. MC 116273 (Sub-No. 86) (Repub- sity require operation by applicant.- In and 17E to Binghamton; (2) from Buf- lication), filed January 30, 1967, pub- interstate or foreign commerce, as a com- falo, N.Y., to Junction New York High- lished REDERAL REGISTER issue of Febru- mon carrier by motor vehicle, over Ir- ways 17 and 62 over New York Highway ary 16, 1967, and republished this issue. regular routes, of (1) Frozen poultry 62 to Junction New York Highways 17 -Applicant: D & L TRANSPORT, INC., products, when moving in the same ve- and 62; (3) from Rochester, N.Y., to 3800 South Laramie Avenue, Cicero, Ill. hicle and at the same time with com- Buffalo, N.Y., from Rochester over New 60650. Applicant's representative: Rob- modities, the transportation of which is York Highway 33 to Batavia, N.Y., thence ert G. Paldch (same address as appli- otherwise exempt from economic regula- over New York Highway 5 to Buffalo; cant). By application filed Jazuary 30, tion under section 203(b) (6) of the In- (4) from Buffalo, N.Y., to Albany, N.Y. 196t, applicant seeks a certificate of pub- terstate Commerce Act, as amended, and from Buffalo over US. Highway 20 and lic convenience and necessity authorizing (2) comnrdltles, the transportation of New York Highway 5 to Auburn, N.Y., operations, in interstate or foreign com- which is otherwise exempt from economic thence over US. Highway 20 and New regulation under section 203(b) (6) of York Highway 5 to Albany; (5) from merce, as a common carrier by motor Batavia, vehicle, over irregular routes, of flour, the act when moving in the same vehicle N.Y., to Andover, N.Y, from in pneumatic tank vehicles, from Chi- and at the same time with the commodi- Batavia over New York Highway 63 to cago, Ill., to points in Michigan, Indiana, ties authorized in (1) above, from Moore- Dansvlle, N.Y., thence over New York Wisconsin, and Ohio. An order of the field, W. Va., to Flagstaff, Phoenix, and Highway 36 to Hornell, N.Y., thence over Commission, Operating Rights Board No. Tucson, Arlz., Denver, Colo., Las Vegas New York Highway 21 to Andover; (6) 1, dated June 29, 1967, and served July and Reno, Nev., Albuquerque, N. Mex., from Pine Tavern, N.Y., to East Aurora, N.Y., over US. 13, 1967, as amended, finds that the pres- Portland, Oreg., Salt Lake City, Utah, Highway 20A; (7) from ent and future public convenience and Seattle, Wash., and points In California, Avon, N.Y., to Wellsvlle, N.Y, from necessity require operation by applicant, with the authority In (1) above, restricted Avon over New York Highway 39 to Fill- in interstate or foreign commerce, as a to the transportation of traffic orlginat- more, N.Y., thence over New York High- common carrier by motor vehicle, over ing at Moorefield, W. Va., that applicant way 19 to Wellsville, N.Y.; (8) from irregular routes, of flour, in tank ve- is fit, willing, and able properly to per- Rochester, N.Y., to Painted Post, N.Y., hicles, from Chicago, form such service and to conform to the from Rochester over US. Highway 15 Ill., to points in 15A Michigan, Indiana, and Ohio; that appli- requirements of the Interstate Commerce and to Springwater, N.Y., thence cant is fit, willing, and able properly to Act and the Commission's rules and regu- over U.S. Highway 15 to Painted Post; perform such service and to conform to lations thereunder. Because It is possible (9) from Geneva, N.Y., to Wayland, the.requirements of the Interstate Com- that other parties, who have relied upon N.Y., from Geneva. over New York High- merce Act and the Commission's rules the notice of the application as pub-. way 245 to Wayland; (10) from Roches- and regulations thereunder. Because it lished, may have an interest In and would ter, N.Y., to Waterloo, N.Y., over New be prejudiced by the lack of proper no- York Highway 96; (11) from Rochester, is possible that other parties, who have tice of the authority described in the N.Y., to Junction New York Highways relied upon the notice of the application" findings in this order, a notice of the 31B and 5, from Rochester over New as published, may have an interest in and authority actually granted will be pub- York Highway 31 to Weedsport, N.Y, would be prejudiced by the lack of prop- lished In the FEDERAL REGISTER and isSU- thence over New York Highway 31B to

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 10962 NOTICES Junction New York Highway 5; (12) cant: ELDON H. RIECK, Bay City, Wis. July 13, 1967, as amended, finds that from Geneva, N.Y., to Bath, N.Y., from Applicant's representative: Clinton R. operation by applicant, in interstate or Geneva over New York Highway 14A to Bently, Goodhue County National Bank foreign commerce, as a contract carrier, Penn Yan, N.Y., thence over New York Building, Red Wing, Minn. 55066. By ap- by motor vehicle, over Irregular routes, Highway 54A to Bath; (13) from Penn plication filed January 30, 1967, appli- of steel corrugated culvert pipe, from Yan, N.Y., to Elmira, N.Y., from Penn cant seeks a permit authorizing opera- Irwindale, Calif., to points in Arizona and Yan over New York Highway 14A to tions, in Interstate or foreign commerce, Nevada, under a continuing contract with Watkins Glen, N.Y., thence over New as a contract carrier by motor vehicle, Pacific Corrugated Culvert Co., of Ir- York Highway 14 to Elmira; (14) from over irregular routes, of sand, machin- windale, Calif., will be consistent with the Geneva, N.Y., to Watkins Glen, N.Y., ery, machinery parts, consisting of public interest and the national trans- from Geneva over New York Highway screens used in procetsing and mining of portation policy; that applicant Is fit, 96A to Ovid, N.Y., thence over New York sand, empty cloth bags used in packing willing, and able properly to perform Highway 414 to Watkins Glen; (15) from and shipping of sand, and oil for lubri- such service and to conform to the re- Ovid, N.Y., to Oswego, N.Y. A corrected cating machinery, from points in Pierce quirements of the Interstate Commerce order of the Commission, Operating County, Wis., to points in Minnesota and Act and the Commission's rules and reg- Rights Board No. 1, dated May 31, 1967, Wisconsin, under contract with Maiden ulations thereunder. Because it Is pos- and served July 14, 1967, finds that the Rock Silica Sand Co., Maiden Rock, Wis. sible that other parties, who have relied president and owner of 99 percent of the An order of the Commission, Operating upon the notice of the application as outstanding capital stock of applicant Rights Board No. 1, dated June 30, 1967, published, may have an interest in and also controls Howard's Express, Inc., and served July 13, 1967, finds that oper- would be prejudiced by the lack of prop- which holdg certificates Nos. MC 97006 ation by applicant, in interstate or for- er notice of the authority described in (Sub-Nos. 1, 4, and 5), said common con- eign commerce, as a contract carrier by the findings in this order, a notice of the trol or management not having been sub- motor vehicle, over irregular routes, of authority actually granted will be pub- ject to prior Commission approval; that (1) sand, from points in Pierce County, lished in the FEDERAL REGISTER and issu- a grant of irregular-route authority here Wis., to points in Dakota, Goodhue, Hen- ance of a permit in this proceeding will rather than the regular-route authority nepin, Ramsey, Wabasha, and Washing- be withheld for a period of 30 days from sought would be more appropriate in view ton Counties, Minn., and points in Wis- the date of such publication, during (a) of the fact that only a single spec- consin, and (2) machinery, machinery which period any proper party in inter- ified commodity is proposed to be parts,tools and supplies used in the min- est may file a petition to reopen or for transported, (b) of the limited number ing and treating of sand, from points in other appropriate relief setting forth in of origins, and (c) of the prolixity and Dakota, Goodhue, Hennepin, Ramsey, detail the precise manner in which It has complexity of the proposed regular- Wabasha, and Washington Counties, been so prejudiced. route. Cf. Motor Common Carriers of Minn., to points in Pierce County, Wis., No. MC 128927 (Republication), filed Property-Routes and Service, 88 M.C.C. under a continuing contract with Maiden March' 6, 1967, published FEDERAL REGIs- 415, at 430; that the present and future Rock Silica Sand Co., of Maiden Rock, TER issue of March 23, 1967, and repub- public convenience and necessity require Wis., will be consistent with the public lished this Issue. Applicant: ALLAN L. operation by applicant, in interstate or interest and the national transportation MARTIN AND NORMAN V. MARTIN, foreign commerce, as a common carrier policy; that applicant is fit, willing and doing business as VERN A. MARTIN & by motor vehicle, over irregular routes, able properly to perform such service and SONS, Wilton, Wis. 54670. Applicant's of foodstuffs, in containers, from Hamlin, to conform to the requirements of the representative: Edward Solle, Executive Holley, and Williamson, N.Y., to those Interstate Commerce Act and the Com- Building, Suite 100, 4513 Vernon Boule- points in that part of New York on and mission's rules and regulations thereun- vard, Madison, Wis. 53705. By applica- west of U.S. Highway 9, on and south deh Because it is possible that other per- tion filed March 6, 1967, applicant seeks of New York Highway 49 and on and sons, .who may have relied upon the a certificate of public convenience and north of New York Highway 17; that notice of the application as published, necessity authorizing operation, in in- applicant is fit, willing, and able properly may have an interest In and would be terstate or foreign commerce, as a com- to perform such service and to conform prejudiced by the lack of proper notice mon carrier by motor vehicle, over ir- to the requirements of the Interstate of the authority described in the findings regular routes, of wood pallets, moving Commerce Act and the Commission's in this order, a notice of the authority on fiat bed semitrailers, from Kendall, rules and regulations thereunder; and actually granted will be published in the -Wis., to points in Michigan, Illinois, that a certificate authorizing such op- FEDERAL REGISTER and issuance of a per- Iowa, and Minnesota. An order of the erations should be granted, subject to mit in this proceeding will be withheld Commission, Operating Rights Board the condition that the person or persons for a period of 30 days from the date of No. 1, dated June 29, 1967, and served who control or manage the operations such publication during which period July 13, 1967, as amended, finds that both of applicant and any other carrier any proper party in interest may file a the present and future public conven- operating in interstate or foreign competition to reopen or for other appropri- ience and necessity require operation by merce shall first obtain approval of such ate relief setting forth in detail the pre- applicant, in interstate or foreign com- control or management under the pro- cise manner in which it has been so merce, as a common carrier by motor visions of section 5(2) of the Act. Be- prejudiced. vehicle, over irregular routes, of wood cause It is possible that other persons, No. MC 128468 (Republication), filed pallets, from Kendall, Wis., to points In who have relied upon the notice of the July 20, 1966, published FEDERAL REGISTER Michigan, Illinois, and Iowa (except application as published, may have an issue of August 18, 1966, and republished Council Bluffs), and Minnesota, that ap- interest in and would be prejudiced by this issue. Applicant: HERBERT C. plicants are fit, willing, and able properly the lack of proper notice of the authority WHITE, doing business as WHITE'S to perform such service and to conform described in the findings In this order, a TRUCKING CO., 1308 Starhaven Street, to the requirements of the Interstate notice of the authority actually granted Duarte, Calif. 91010. By application filed Commerce Act and the Commission's will be published in the FEDERAL REGISTER rules and regulations thereunder. Be- and issuance of a certificate in this July 20, 1966, applicant seeks a certificate proceeding will be withheld for a period of public convenience and necessity au- cause it Is possible that other parties, of 30 days from the date of such publi- thorizing operations, in interstate or who have relied upon the notice of the cation, during which period any proper foreign commerce, as a common carrier application as published, may have an party in interest may file a petition by motor vehicle, over irregular routes, to of steel corrugated culvert pipe, and re- interest in and would be prejudiced by reopen or for other appropriate relief jected pipe, (1) between Irwindale, Calif., the lack of proper notice of the authority setting forth in detail the precise manner described in the findings in this order, a in which it has been so prejudiced. and construction sites in Arizona, and No. MC 123920 (Sub-No. 1) (Republi- (2) between Irwindale, Calif., and con- notice of the authority actually granted cation), filed January 30, 1967, published struction sites in Nevada. An order of will be published in the FEDERAL REaos- FEDERAL REGISTER issue of February 24, the Commission, Operating Rights B6ard TEa and issuance of a certificate in this 1967, and republished this issue. Appli- -No. 1, dated June 30, 1967, and served- proceeding will be withheld for a period

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26,, 1967 NOTICES 10963

.file a petition to reopen or for other PORTATION CO., INC., 288 Kinsley .of 30 days from the date of such pub- R.. 02903. Appli- period any proper appropriate relief setting forth in -detail Avenue, Providence, lication, during which Francis E. Barrett, in interest may file a petition the precise manner In which it has been cants representative: party 536 Granite or for other appropriate relief so prejudiced. Jr., Investors Building, to reopen Braintree, Mass. 02184. Authority detail the precise man- Street, setting forth in APPLICATIONS FOR CERTIFICATES OR PER- as a common carrier, it has been so prejudiced. sought to operate ner in which mTnS WmTcn ARE To BE PROCESSED by motor vehicle, over irregular routes, APPLICATION FOR BROKERAGE LICENSE CONCURRENTLY WITH APPLICATIONS transporting: General commodities (ex- UNDER SECTION 5 GOVERNED BY SPECIAL cept those of unusual value, classes A MOTOR CARRIER OF PASSENGERS RULE 1.240 TO THE EX-ENT APPLICABLE and B explosives, household goods as No. MC 130033 (Republication), filed No. MC 106051 (Sub-No. 38) (Cor- defined by the Commission, commodities February 20, 1967, published FEDERAL rection), filed June 19, 1967, published in bulk, commodities requiring special or con- .REGISTER issue of March 16, 1967, and FEDERAL REGISTER Issue of July 6, 1967, equipment, and those injurious republished this issue. Applicant: SCAN- corrected July 12, 1967, and republished taminating to other lading), between DINAVIAN SKI SHOP TOURS & RENT- as corrected this issue. Applicant: OLD points In Massachusetts. NoTE: Appli- ALS, INC., 45 East 59th Street, New COLONY TRANSPORTATION CO., cant states It could tack at Boston or held York, N.Y. Applicant's representative: INC., 676 Dartmouth Street, South Dart- Worcester, Mass., to its presently authorized to 150 Broadway, New York, mouth, Mass. Applicant's representative: authority wherein It is Morris Honig-, of New filed February 20, Francis E. Barrett, Jr., 536 Granite conduct operations in the States N.Y. By application Rhode ,1967, applicant seeks a license to engage Street, Braintree, Mass. 02184. Authority York, Massachusetts, Connecticut, This application in operations as a broker at White Plains, sought to operate as a common carrier, Island, and New Jersey. to MC-F 9804 pub- N.Y., in arranging for transportation, in by motor vehicle, over irregular routes, Is directly related FEDERAL REGISTER July 12, 1967. interstate or foreign commerce, of pas- transporting: (A) Household goods, (1) lished equip- between points In Albany County, N.Y., If a hearing Is deemed necessary, appli- sengers and their baggage and ski Mass. ment, in round-trip, all expense tours (2) from points in Albany County N.Y., cant requests It be held at Boston, from October 1 to June 1 of each year, to points in Broome, Chemung, Clinton, APPLIcATIONs UNDER SzcTioxs 5 beginning and ending at points in West- Columbia, Delaware, Nassau, Niagara, AND 210a(b) to Oneida, Onondaga, Orange, Dutchess, chester County, N.Y., and extending The following applications are gov- Hampshire, Erie, Essex, Franklin, Fulton, Otsego, points in New York, New Commerce Com- and Connec- Rensselaer, St. Lawrence, Saratoga, erned by the Interstate Vermont, Massachusetts, mission's special rules governing notice Commission, Op- Schenectady, Greene, Herkimer, Jeffer- ticut. An order of the of filing of applications by motor carriers June son, Monroe, Montgomery, Schoharle, erating Rights Board No. 1, dated or passengers under sections served July 13, 1967, finds Ulster, Warren, Washington, and West- of property 29, 1967, and 210a(b) of the Interstate Com- at White chester Counties, N.Y., and New York, 5(a) and that operation by applicant Act and certain other proceedings for N.Y.; (3) from points in Clinton, Colum- merce Plains, N.Y., as a broker in arranging with respect thereto (49 CFR 1.240). transportation by motor vehicle, in in- bia, Erie, Fulton, Greene, Montgomery, terstate or foreign commerce, of pas- Monroe, Otsego, Rensselaer, Schenec- MOTOR CAuIms or PROPERTY sengers, their baggage, and their ski tady, Schoharie, Ulster, Warren, Wash- ington Counties and New York, N.Y.; to No. MC-F-9523 (Amendment) (THE equipment, in round-trip tours, in spe- CAPITOL CORPORATION-Control- cial and charter operations from Octo- points in Albany County, N.Y., (4) from points in Rensselaer County, N.Y., to SERVICE MOTOR FREIGHT, INC., and ber 1 to June 1, both inclusive of each CRAIG TRUCKING, INC.; AND CRAIG year, beginning and ending at points in points in Chautauqua, Dutohess, Gen- esee, 1Greene, Fulton, Ontario, Otsego, TRUCKING, INC.-Control and merg- Westchester County, N.Y., and extend- er-BEVERAGE TRANSPORTATION, ing to points in New York, New Hamp- Seneca, Suffolk and Tompkins Counties, N.Y.; (5) from points in Jefferson Coun- INC., ET AL.), published in the shird, Vermont, Massachusetts, and September 14, 1966, Issue of the FEDERAL Connecticut will be consistent with the ty, N.Y., to points in Rensselaer County, N.Y.; (6) from points in Schenectady REGISTR, on page 12036. Application public interest and the national trans- approved and authorized by order of the portation policy; that applicant is fit, County, N.Y., to points in Columbia and Washington Counties, N.Y.; (B) General Commission, Finance Board No. 1, willing, and able properly to perform decided December 6, 1966. By petition such service and to conform to the re- commodities, (1) between points in Al- bany County, N.Y.; (2) from points in Al- filed July 14, 1967, applicants seek ap- quirements of the Interstate Commerce proval of a substitute plan of reorganiza- Act and the Commission's rules and bany County, N.Y. to points in Columbia, Dutchess, Fulton, Greene Herkimer, tion for (1) acquisition by THE regulations thereunder; and that a ]l- CAPITOL CORPORATION of control of cense authorizing such operations should Montgomery, Otsego, Rensselaer, Sara- toga, Schenectady, Schoharle, Ulster, SERVICE MOTOR FREIGHT, INC., and be issued, subject to the right of the B&L MOTOR FREIGHT, INC., through Commission, which is hereby expressly Warren, Washington and Westchester Counties, N.Y.; (3) from points in Co- an exchange of capital stock, and, in reserved, to impose, after final determi- turn, by H. E. LE FEVRE, (2) acquisition nation of the proceeding in Ex Parte No. lumbia, Dutchess, Fulton, Greene, Her- by B&L MOTOR FREIGHT, INC., of MC-29 (Sub-No. 2), such terms and con- kimer,' Montgomery, Rensselaer, Sara- toga, Schenectady, Schoharle, Ulster, control of ATLAS FREIGHT LINES, ditions, if any, as may be deemed neces- INC., also through an exchange of capital sary to insure that the operations of ap- Warren, Washington, and Westchester Counties, N.Y., to points in Albany Coun- stock, and (3) merger of the operating plicant are limited to bona fide rights and property of BEVERAGE operations, as a broker of transportation ty, N.Y. NoTE: The purpose of this republication is to show the destination TRANSPORTATION, INC., KATTEL- by motor ibicle of passengers, their MAN TRUCKING SERVICE, INC., and baggage, and their ski equipmenl-in spe- point of "Albany County, N.Y:' in paragraph (A) subparagraph (3) and para- ATLAS FREIGHT LINES, INC., into cial and charter operations, in round- B&L MOTOR FREIGHT LINES, INC., that graph (B) subparagraph (3), which was trip tours. Because it is possible for ownership, management and opera- other persons, who have relied upon the erroneously omitted in previous publica- Applicant states that the principal tion, and the acquisition, in turn, by notice of the application as published, tion. THE CAPITOL CORPORATION of con- may have an interest in and would be tacking point would be Albany, N.Y, and other points in the Albany, N.Y., trol of the operating rights and property prejudiced by the lack of proper notice t h r o u g h the transaction. CRAIG of the authority described in the findings area. This application is a matter directly related to Docket No. MC-F-9789, pub- TRUCKING, INC., will remain a sub- in this order, a notice of the authority sidiary of B&L MOTOR FREIGHT, INC. actually granted will be published in lished FEDERAL REGISTER Issue of June 28, of a 1967. If a hearing Is deemed necessary, No. MC-F-9817. Authority sought for the FEDERAL REGISTER and issuance INC., Madi- license in this proceeding will be with- applicant requests It be held at Albany, purchase by APPLE LINES, son, S. Dak., of a portion of the operating held for a period of 30 days from the N.Y. rights of MIDLANDS TRANSPORTA- date of such publication, during which No. MC 107558 (Sub-No. 8), filed July COMPANY, Lincoln, Nebr., and period any proper party in interest may 3, 1967. Applicant: ARROW TRANSZ "TION

FEDERAL REGISTER, VOL. 32, NO. 143-WEDNESDAY, JULY 26, 1967 10964 NOTICES for acquisition by OIMER E. APPEL- point of Fremont, Nebr., restricted to de- 30 miles of Buffalo, between Baltimore, WICK, 225 South Van Epps, Madison, livery only; eggs, from Lincoln, Nebr., to Md., and junction U.S. Highways 15 and S. Dak., of control of such rights through Chicago, Ill., serving no intermediate 111 near Harrisburg, Pa., and the inter- the purchase. Applicants' attorney: points; malt beverages, from Dubuque mediate point of Hampstead, Md., with Einar Viren, 904 City National Bank and Davenport, Iowa, to Lincoln, Nebr., service at Hampstead restricted to traffic Building, Omaha, Nebr. 68102. Operating serving no intermediate points; empty originating at, destined to, ol! Inter- rights sought to be transferred: Malt malt beverage containers, from Lincoln, changed at Rochester and Buffalo, N.Y., beverages, as a common carrier, over Nebr., to Dubuque and Davenport, Iowa, or points within 30 miles of Buffalo, and irregular routes, between Kansas City, serving no intermediate points; syrup, with service at junction U.S. Highways Kans., and points in the Kansas City, from Cedar Rapids and Tama, Iowa, to 15 and 111 for Joinder only; cork rods, Mo., commercial zone as defined by the Lincoln, Nebr., serving no intermediate in bulk, over Irregular routes, from Balti- Commission, with restriction, from New points; egg case-fillers,from Tama, Iowa, more, Md., to Buffalo, N.Y.; and silver Athens, Ill., St. Louis, Mo., and Omaha, to Lincoln, Nebr., serving nointermediate bullion, from Baltimore, Md., to Ro- Nebr., to Colby, Kans., and points in that points; flour, from Geneva, Nebr., to Ot- chester, N.Y. BOSS-LINCO LINES, INC., part of Kansas east of U.S. Highway 83, tumwa and Chelsea, Iowa, serving the is authorized to operate, as a common not including points in Cherokee, Craw- intermediate point of Albia, Iowa; carrier, in New York, Pennsylvania, and ford, Labette, and Montgomery Counties, canned goods, from Brighton, Tipton, New Jersey. Application has not been Kans., from Council Bluffs, Iowa, to and Vinton, Iowa, to Lincoln, Nebr., filed for temporary authority under sec- Colby, Kans., and points in that part of serving no intermediate points but serv- tion 210a(b). Kansas east of U.S. Highway 83, not ing the off-route point of Fremont, Nebr.; No. MC-F-9820. Authority sought for Including points in Cherokee, Crawford, meats, meat products, and meat byprod- purchase by ASSOCIATED TRANS- Labette, and Montgomery Counties, ucts, as described in section A of appen- PORT, INC., 380 Madison Avenue, New Kans., Long Pine, Nebr., and points in dix I to the report in Descriptionsin Mo- York, N.Y., of a portion of the operating that part of Nebraska east and south of a tor Carrier Certificates, 61 M.C.C. 209 rights and certain property of DUNDEE line beginning at the Nebraska-South and 766 (except commodities in bulk), TRUCK LINE, INC., 660 Sterling Street, Dakota State line and extending south over irregular routes, from Glenwood, Toledo, Ohio. Applicants' attorneys: along U.S. Highway 183 to Ansley, Nebr., Iowa, to points in Wisconsin; and paint, Jack R. Turney, Jr., 2001 Massachusetts thence along Nebraska Highway 2 to paint materials, groceries, and grocery Avenue NW., Washington, D.C. 20030 Hazard, Nebr., thence south along store'supplies (except in bulk), between and Mortimer A. Sullivan, 530 Walbridge Nebraska Highway 10 (portion formerly Smith Center, Kans., and points in Ne- Building, Buffalo, N.Y. Operating rights unnumbered highway) to Kearney, braska, with restriction, HILT TRUCK sought to be transferred: General com- Nebr., thence west along U.S. Highway 30 LINE, INC., is authorized to operate, as modities, excepting, a m o n g others, to North Platte, Nebr., and thence south a common carrier,in Nebraska, Arkan- household goods and commodities In along U.S. Highway 83 to the Nebraska- sas, Illinois, Indiana, Iowa, Kansas, Ken- bulk, as a common carrier, over Kansas State line, from Omaha, Nebr., to tucky, Michigan, Minnesota, Missouri, regular routes, between Chicago, Ill., points in Oklahoma, Minnesota, South Montana, North Dakota, Oklahoma, and Toledo, Ohio, serving all Inter- Dakota, and Kansas, and from St. Paul South Dakota, Tennessee, Texas, Wis- mediate points, a n d t h e off-route and Mlneapolis, Minn., to -points in consin, Colorado, Wyoming, Pennsylva- point of Rossford, Ohio, and four Kansas. Vendee is authorized to operate, nia, Ohio, New Mexico, and Utah. Appli- alternate routes for operating conven- as a common carrier, in Kansas, Okla- cation has been filed for temporary ience only, serving no Intermediate homa, South Dakota, Wyoming, Ne- authority under section 210a(b). points, and serving Angola, Ind., and braska, Iowa, Minnesota, North Dakota, No. MC-F-9819. Authority sought for off-route points within ten miles of An-' and Wisconsin. Application has been control by BOSS-LINCO LINES, INC., gola via U.S. Highway 20. Vendee Is au- filed for temporary authority under sec- 450 Genesee Building, 1 West Genesee thorized to operate, as a common carrier, tion 210a(b). Street, Buffalo, N.Y. 14240, of ATLANTIC in Massachusetts, Connecticut, New Jer- No. MC-F-9818. Authority sought for COAST FREIGHT LINES, INC., 3200 sey, Rhode Island, North Carolina, control and merger by HILT TRUCK James Street, Baltimore, Md., and- for Tennessee, Virginia, Georgia, Ohio, LINE, INC., 3751 Sumner, Lincoln, Nebr., purchase by BOSS-LINCO LINES, INC. Pennsylvania, Maryland, South Caro- of the operating rights and property of of the operating rights of ATLANTIC lina, Delaware, West Virginia, Kentucky, BAUMANN BROS. TRANSPORTA- COAST FREIGHT LINES, INC., and for Michigan, Indiana, Missouri, New York, TION, INC., 1801 Yolande, Lincoln, acquisition by VICTOR J. PALISANO and the District of Columbia. Applica- Nebr., and for acquisition by LEROY and CHARLES J. PALISANO, both also tion has not been filed for temporary HILT, also of Lincoln, Nebr., of con- of Buffalo, N.Y., SAMUEL J. PALISANO, authority under section 210a(b). trol of such rights and property 155 Great Arrow Avenue, Buffalo, N.Y., No. MC-F-9821. Authority sought for through the transaction. Applicants' and JOSEPH S. PALISANO, 510 Smith control by THE COLONY COMPANY, attorney: Donald E.' Leonard, Box Street, Buffalo, N.Y., of control of such 100 Constitution Plaza, Hartford, Conn., 2028, 605 South 14th, Lincoln, Nebr. rights through the transaction. Appli- of THE ADLEY CORPORATION, 000 68501. Operating rights sought to be con- cants' attorney: Harold G. Hernly, 711 Chapel Street, New Haven, Conn., and trolled and merged: agriculturalimple- 14th Street, NW., Washington, D.C. for acquisition -by E. CLAYTON GEN- ments and parts, twine, cocoa, wallpaper, 20005. Operating rights sought to be con- GRAS, 1000 Asylum Avenue, Hartford, paint, and paint material,as a common trolled and transferred: General com- Conn., of control of THE ADLEY COR- carrier,over regular routes, from Chica- modities, excepting, among o t h e r s, PORATION through the acquisition by go, Ill., to Lincoln and Geneva, Nebr., household goods and commodities in THE COLONY COMPANY. Applicants' serving the intermediate points of Can- bulk, as a common carrier, over regular attorneys and representative: Thomas ton and Joliet, Ill., and Milford, Fried, routes, between New York, N.Y., and W. Murrett, 410 Asylum Street, Hartford, and Exeter, Nebr., and the off-route Richmond, Va., serving the intermediate Conn., Louis Evans, 109 Church Street, points of Coal City, Ill., and Tobias, West- and off-route points in the Philadelphia, New Haven, Conn., Howard T. Gillis, ern, Daykin, Fairbury, and Seward, Pa., and Washington, D.C., commercial 900 Chapel Street, New Haven, Conn., Nebr.; paint, paint material, groceries, zones, as defined by the Commission, Herbert Burstein, 160 Broadway, New and grocery store supplies, serving points Baltimore, Md., and points within York, N.Y., and Arthur Sachs, 207 in Washington County, Nebr., as inter- 10 miles of Baltimore, Trenton, N.J., Orange Street, New Haven, Conn. Op- mediate and off-route points; groceries Bristol and Chester, Pa., Elkton, Md., eratrig rights sought to be controlled: and grocery store supplies, from Chicago, Fredericksburg, and Quantico, Va., points General commodities, with numerous Ill., to Lincoln and Fairbury, Nebr., serv- in New Jersey within 10 miles of New exceptions, as a common carrr,over ing the intermediate and off-route points York N.Y., and points within 5 miles of regular and irregular routes, from, to, of Rochelle, Ill., and those in the Chicago, Richmond, between Baltimore, Md., and and between certain specified points In Ill., dommerctal zone as defined by the Buffalo, N.Y., and the intermediate point the States of Massachusetts, Pennsyl- Commission in 1 M.C.C. 673, restricted -of Rochester, N.Y., and the intermediate vania, Connecticut, New York, New to pickup only, and the intermediate and off-route points in New York within Jersey, Virginia, Maryland, Delaware,

FEDERAL REGISTER, VOL. 32, NO. 143-WEDNESDAY, JULY 26, 1967 NOTICES 10965

North Carolina, Vermont, New Hamp- in Oklahoma, on the one hand, and, on der section 210a(a) of the Interstate shire, Maine, and the District of Colum- the other, points in Missouri, Indiana, Commerce Act provided for under the bia serving numerous intermediate and Illinois, and Kansas, serving no inter- new rules of Ex Parte No. MC 67 (49 off-route points, with restrictions, and mediate or terminal points. (1) Vendee Is CFR Part 340), published in the FndEnax numerous other specified commodities authorized to operate, as a common car- REGSTER, Issue of April 27, 1965, effective over regular and irregular routes, from, rier, in Texas, Oklahoma, New Mexico, July 1, 1965. These rules provide that to and between certain specified points Arizona, California, Tennessee, Arkansas; protests to the granting of an applica- in the States of -New Jersey, Virginia, Kentucky, Ohio, Georgia, Missouri, 1111- tion must be filed with the field official Georgia, West Virginia, Pennsylvania, noiL, Indiana, Kansas, Alabama, Mary- named in the FEDEgA REzrsmLR publica- Maryland, North Carolina, Delaware, land, Pennsylvania, New York, New tion is published in the FEDER REGLsTER. New York, South Carolina, Ohio, New Jersey, Virginia, West Virginia, Massa- tion, within 15 calendar days after the Hampshire, Maine, Massachusetts, and chusetts, Rhode Island, and Connecti- date of notice of the filing of the applica- the District of Columbia, serving certain cut; (2) LEE WAY MOTOR FREIGHT. tion Is published in the FEmAL Rrsvza. off-route points, with numerous restric- INC., is authorized to operate, as a com- One copy of such protest must be served tions, as more specifically described in mon carrier, in Texas, Kansas, Okla- on the applicant, or Its authorized repre- Docket No. MC-2542 and subnumbers homa, lissouri, Illinois, Indiana, Ohio, sentative, if any, and the protests must thereunder. This, notice does not pur- Pennsylvania, West Virginia, New York, certify that such service has been made. port to be a complete description of all Arkansas, Arizona, New Mexico, Call- The protest must be specific as to the of the operating rights of the carrier foriia, and Colorado. Applications have service which such protestant can and involved. The foregoing summary is be- been filed for temporary authority under will offer, and must consist of a signed lieved to be sufficient for purposes of section 21Oa(b). original and six copies. public notice regarding the nature and -By the Commission. A copy of the application s on file, extent of this carrier's operating rights, and can be examined at the Office of the -without stating, in full, the entirety, [SEALI H. NmiL GiAsoN, Secretary, Interstate Commerce Com- thereof. THE COLONY COMPANY holds Secretary. mission, Washington, D.C., and also in no authority with this-Commission, how- [F.R. Doc. 67-8630; Filed. July 25, 1067; the field office to which protests are to be ever, its subsidiary motor carrier, THE 8:46 am .l transmitted. CONNECTICUT COMPANY, 53 Vernon Street, Hartford, Conn., is authorized MOToR C.ARIs or PRoPErY [Notice 111 to operate, as a common carrier,in Con- No. MC 72442 (Sub-No. 20 TA), filed ri&cticut, New York, New Jersey, Penn- MOTOR CARRIER TRANSFER July 17, 1967. Applicant: AKERS sylvania, Massachusetts, Rhode Island, PROCEEDINGS MOTOR LIES, INCORPORATED, Post Vermont, New Hampshire, Maine, Dela- Office Drawer 579, Gastonia, N.C. 28052. ware, Maryland, Virginia, and the Dis- Jurx 21, 1967. Authority sought to operate as a common trict 6f-Columbia. Application has been Synopses of orders entered pursuant carrier, by motor vehicle, over regular filed for temporary authority under sec- to section 212(b) of the Interstate Com- routes, transporting: General commodi- tion 210a(b). merce Act, and rules and regulations ties (except those of unusual value, No. MC-F-9822. Authority sought (1) prescribed thereunder (49 CF Part classes A and B.explosives, tobacco, for purchase by TIME. FREIGHT, INC., 279), appear below: liquor, commodities in bulk, commodities 2598 74th Street, Mail: Post Office Box As provided in the Commission's requiring special equipment, and house- - 1120, Lubbock, Tex. 79408, of a portion special rules of practice any interested hold goods as defined by the Commis- of the operating rights of TEXAS- person may file a petition seeking recon- slon), (1) between junction Georgia ARIZONA MOTOR FREIGHT, INC., sideration of the following numbered Highway 82 and unnumbered highway Post Office Box 985, Oklahoma City, proceedings within 20 days from the date and the site of Akers Motor Lines, Inc., Okla. 73101, and for acquisition by of publication of this notice. Pursuant terminal at or near Dry Pond, Ga. (Io- LOYD LANOTTE, also of Lubbock, Tex., to section 17(8) of the Iiterstate Com- cated on Georgia Highway 82 approxi- of control of such rights through the merce Act, the filing of such a petition mately 8 miles west of Commerce and 6 purchase; and (2) .for control and will postpone the effective date of the miles north of Jefferson, Ga.), over ap- merger by LEE WAY MOTOR order in that proceeding pending its proximately 400 feet of unnumbered FREIGHT, INC., 3000 West Reno, disposition. The matters relied upon by highway, and return over the same route, Oklahoma City, Okla. 73108, of the re- petitioners must be specified in their serving Junction point for purpose of maining portion of the operating rights petitions with particularity. Joinder only; (2) between Jefferson, Ga. and properties of TEXAS-ARIZONA No. MC-FC-69374. By order of July 20, and Dry Pond, Ga., over Georgia High- MOTOR FREIGHT, INC., and for ac- 1967, the Transfer Board approved the way 82, and return over the same route, quisition by R. E. LEE and M. S. LEE, transfer to Fleming Van Lines, Inc., Ta- serving Jefferson and Dry Pond for pur- both also of Oklahoma City, Okla., of coma, Wash., of that portion of certifi- pose of Joinder only; (3) between Talmo, control of such rights and property cate No. MC-9115, issued March 20, 1957, Ga., and Dry Pond. Ga.: From Talmo through the transaction. Applicant's to Oregon-Nevada-Californla P a s t over Georgia Highway 346 to junction attorneys: W. D. Benson, Jr., Citizens Freight, Inc., Palo Alto, Calif., author- Georgia Highway 82, thence over Georgia Tower, Lubbock, Tex. 79401, Richard H. izing the transportation of household Highway 82 to Dry Pond, and return Champlin, Post Office Box 82488, Okla- gbods, between points in Jackson Coun- over the same route, serving Talmo and homa City, Okla. 73108, and Roland Rice, ty, Oreg., on the one hand, and, on the Dry Pond for purpose of joinder only; 618 Perpetual Building, 1111 E Street other, points in California. George R. (4) between Maysville, Ga., and Dry NW., Washington, D.C. 20004. Operating LaBissoniere, 920 Logan Building, Se- Pond, Ga., over Georgia Highway Spur rights sought (1) to be transferred, and attle, Wash. 98101, attorney for 82, and return over the same route, serv- (2) to be contrQlled and merged: (1) applicants. ing Maysville and Dry Pond for purpose General commodities, except those of [sEAL] H. Ncm GAnsoN, of Joinder only; (5) between Maysvlle, unusual value, classes A and B explosives Ga., and Junction U.S. Highway 23 and and ammunition and component parts of Secretary. Georgia Highway 52, over Georgia High- ammunition, however classified, house [F.R. Doc. 67-8631; Filed. July 25, 1967; way 52, and return over the same route, hold goods as defined by the Commission, 8:40 a~M.l serving Maysvlle and junction U.S. commodities in bulk, and those requir- Highway 23 and Georgia Highway 52 ing special equipment, between certain [Notice 42-4] for purpose of Joinder only; (6) between specified points in Oklahoma, on the one Commerce, Ga., and Maysville, Ga., over hand, and, on the other, certain specified MOTOR CARRIER TEMPORARY Georgia Highway 98, and return over points in Texas, serving no intermediate AUTHORITY APPLICATIONS the same route, serving Commerce and or terminal points; and one alternate Maysvile for purpose of joinder only; Jury 20, 1967. (7) between Commerce, Ga., and Athens, route for operating convenience only; The following are notices of filing-of Ga., over U.S. Highway 441, and return and (2) between certain specified points applications for temporary authority un- over the same route, serving Comzmerce FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 No. 143---9 10966 NOTICES

and Athens for the purpose of joinder Highway 77 to Hartwell, and return over kee, Wis., to Billings, Butte, and Mis- only; (8) between Commerce, Ga., and the same route, serving Lavonla and soula, Mont.; for 150 days. Supporting Danlelsvllle, Ga., over Georgia Highway Hartwell for purpose of Joinder only; shipper: Universal Foods Corp., 433 East 98, and return over the same route, serv- (24) between Lavonia, Ga., and Royston, Michigan Street, Milwaukee, Wis. 53201. ing Commerce and Danielsville for pur- Ga., over Georgia Highway 17, and re- Send protests to: W. F. Sibbald, Jr., DIs- pose of joinder only; (9) between turn over the same route, serving La- trict Supervisor, Bureau of Operations, Danlelsville, Ga., and Comer, Ga., over vonia and Royston for purpose of joinder Interstate Commerce Commission, 135 Georgia Highway 98, and return over only; and (25) between Royston, Ga., West Wells Street, Room 807, Milwaukee, the same route, serving Danielsville and and Elberton, Ga., over Georgia High- Wis. 53203. Comer for purpose of joinder only; (10) way 17, and return over the same route, No. MC 113624 (Sub-No. 37 TA), filed between Baldwin, Ga., and Commerce, serving Royston and Elberton for pur- July 17, 1967. Applicant: WARD Ga., over U.S. Highway 441 via Homer, pose of joinder only; for 150 days. Sup- TRANSPORT, INC., Post Office Box 133, Ga., and return over the same route, porting shippers: There are seven ship- Pueblo, Colo. 81002. Applicant's repre- serving Baldwin, Homer and Commerce pers' supporting statements attached to sentative: D. S. Smith (same address as for purpose of joinder only; (11) between application, which may be examined at above). Authority sought to operate as a Lula, Ga., and Homer, Ga., over Georgia the Interstate Commerce Commission in common carrier, by motor vehicle, over Highway 51, and return over the same Washington, D.C., or at the field office irregular routes, transporting: Ammoni- route, serving Lula and Homer for pur- named below. Send protests to: Jack K. um nitric solution, In bulk, in tank vehi- pose of joinder only; (12) between Huff, District Supervisor, Bureau of cles, from the Homer, Ga., plantslte of Yttrium Co, In and junction Georgia High- Operations, Interstate Commerce Com- Douglas County, Colo., 8 miles south of ways 51 and 59, over Georgia Highway mission, Room 206, 327 North Tryon Littleton, 51, and Colo., on U.S. Highway 85, to return over the same route, serv- Street, Charlotte, N.C. 28202. NOTE: Ap- the plantsite of Wycon Chemical Co. 4 Ing Homer and junction Georgia High- plicant states that It intends to tack miles west of Cheyenne, Wyo.; for 150 ways 51 and 59 for purpose of joinder with authority in MC 72442 and subs only; days. Supporting shipper: Wycon Chemi- (13) between junction Georgia thereunder. cal Co., Post Office Box 1087, Colorado Highways 51 and 59 and Franklin No. MC 92500 (Sub-No. 5 TA), filed Springs, Colo. 80901. Send protests to: Springs, Ga., over Georgia Highway 51, July 17, 1967. Applicant: SEABOARD Herbert and return over C. Ruoff, District Supervisor, the same route, serving TRANSPORTATION CO., Post Office Bureau of Operations, Interstate Com- junction Georgia Highways 51 and 59 Box 98, Antioch, Calif. 94509. Applicant's merce Commission, 2022 Federal Build- and Franklin Springs for purpose of representative: William B. Adams, 520 ing, Denver, Colo. 80202. Joinder only; (14) between Homer, Ga., Southwest Yamhil Street, Portland, and Maysville, Ga., over Georgia High- Oreg. 97204. Authority sought to oper- No. MC 114165 (Sub-No. 5 TA), filed way 98, and return over the same route, ate as a contract carrier,by motor ve- July 17, 1967. Applicant: PELICAN serving Homer and Maysville for pur- hicle, over irregular routes, transporting: TRUCKING COMPANY, INC., Post Of- pose of joinder only; (15) between Boyd- Wood chips, in bulk, from Camptonville, fice Box 7127, 1600 Wells Island Road, ville, Ga., and Junction Georgia High- Calif., to West Sacramento, Calif.; for Shreveport, La. 71107. Applicant's rep- ways 184 and 51, over Georgia Highway 150 days. Supporting Shipper: Cal-Ida resentative: Hargrove, Guyton, Van Hook 184, and-return over the same route, Lumber Co., a division of J. R. Simplot & Ramey, Texas Eastern Building, Post serving Boydville ard junction Georgia Co., Post Office Box 752, Auburn, Calif. Office Box 1547, Shreveport, La. 71102. Highways 184 and 51 for purpose of Send protests to, William E. Murphy, Authority sought to operate as a com- Joinder only; (16) between Gainesville, District Supervisor, Bureau of Opera- mon carrier, by motor vehicle, over Ir- Ga., and Jefferson, Ga., over U.S. High- tions, Interstate Commerce Commission, regular routes, transporting: Heavy way 129, via Talmo, Ga., and return over Box 36004, 450 Golden Gate Avenue, San and/or cumbersome commodities, which the same route, serving Gainesville, Francisco, Calif. 94102. because of size or weight, require special Talmo, and Jefferson for purpose of No. MC 111201 (Sub-No. 7 TA), filed equipment for the handling thereof, joinder only; (17) between Jefferson, July 17, 1967. Applicant: J. N. ZELLNER from, to and between all points within Ga., and Athens, Ga., over U.S. Highway & SON TRANSFER COMPANY, Post Louisiana, Mississippi, Texas, Oklahoma, 129 via Arcade, Ga., and return over the Office Box 818, East Point, Ga. 30044. Ap- New Mexico, Illinois, Indiana, Kentucky, same route, serving Jefferson, Arcade plicant's representative: Monty Schu- Florida, Alabama, Arkansas, Tennessee, and Athens for purpose of joinder only; macher, Suite 693, 1375 Peachtree Street, and Georgia; for 180 days. NOT: No (18) between Arcade, Ga., and Statham, NE., Atlanta, Ga. 30309. Authority duplicate authority is sought or intended. Ga.: From Arcade over Georgia Highway sought to operate as a common carrier, Supporting shipper: There are six ship- 82 to junction Georgia Highway 211, by motor vehicle, over irregular routes, pers' supporting statements attached to thence over Georgia Highway 211 to transporting: (1) Glass containers and application, which may be examined at Statham, and return over the same closures for such containers and (2) cor- the Interstate Commerce Commission In route, serving Arcade and Statham for rugated boxes or paper containers, in Washington, D.C., or at the field office purpose of joinder only; (19) between mixed loads with glass containers and named below. Send protests to: W. R. Oakwood, Ga., and Winder, Ga., over closures for such containers, on flatbed Atkins, District Supervisor, Bureau of Georgia Highway 53, and return over the trailers, from Jacksonville, Fla., to points Operations, Interstate Commerce Com- same route, serving Oakwood and Win- in Alabama, Georgia, North Carolina, mission, T-4009 Federal Office Build- der for purpose of Joinder only; (20) be- South Carolina, and Tennessee; for N60 ing, 701 Loyola Avenue, New Orleans, La. tween Russell, Ga., and junction Georgia days. Supporting- shipper: Anchor Hock- 70113. Highway 53 and U.S. Highway 78, over ing Glass Corp., Lancaster, Ohio 43130. No. MC 118101 (Sub-No. 6 TA), filed Georgia Highway 53, and return over the Send protests to: William L. Scroggs, July 17,1967. Applicant: RAY GILBERT, same route, serving Russell and junc- District Supervisor, Bureau of Opera- JR., Route No. 1, Box 305, Muskogee, tion Georgia Highway 53 and U.S. High- tions, Interstate Commerce Commission, Okla. 74401. Authority sought to operate way 78 for purpose of Joinder only; (21) Room 300, 680 West Peachtree Street as a common carrier,by motor vehicle, between Watkinsville, Ga., and junction NW., Atlanta, Ga. 30308. over Irregular routes, transporting: Georgia Highway 53 and U.S. Highway No. MC 111375 (Sub-No. 25 TA), filed Bananas,from Gulfport, Miss., to Smith 78, over Georgia Highway 53, and return July 18, 1967. Applicant: PIRKLE RE- Center, Kans.; for 150 days. Supporting over the same route, serving Watkinsvfile FRIGERATED FREIGHT LINES, INC., shippers: Standard Fruit & Steamship and junction Georgia Highway 53 and 3567- Barnard Avenue, Cudahy, Wis. Co., International Trade Mart Building, U.S. Highway 78 for purpose of joinder 53110. Applicant's representative: Wil- No. 2 Canal Street, Post Office Box 50830, only; (22) between Toccoa, Ga., and La-- liam C. Dineen, 412 Empire Building, 710 New Orleans, La, 70150; and Mini-Max vonla, Ga., over Georgia Highway 17 to North Plankinton Avenue, Milwaukee, Provision, Inc., division of Boogaart Sup- Lavonla, and return over the same route, Wis. 53203. Authority sought to operate ply Co., Smith Center, Kans. Send pro- serving Toccoa and Lavonia for purpose as a common carrier, by motor vehicle, tests to: C. L. Phillips, District Super- of joinder only; (23) between Lavonia, over irregular routes, transporting: Yeast visor, Bureau of Operations, Interstate Ga., and Hartwell, Ga., over Georgia and allied bakery products,from Mlwau- Cormmerce Commission, Room 350,

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 NOTICES 10967

American General Building, 210 North- plicant's representative: Frank W. Tay- protests to: D. R. Partney, District Su- west Sixth, Oklahoma City, Okla. 73102. lor, Jr., 1221 Baltimore Avenue, Kansas pervisor, Bureau of Operations, Inter- No. MC 119934 (Sub-No. 141 TA), filed City, Mo. 64105. Authority sought to state Commerce Commission, 2519 Fed- July 18, 1967. Applicant: ECOFF operate as a common carrier, by motor eral Office Building, 700 West Capitol. TRUCKING, INC., 625 East Broadway, vehicle, over Irregular routes, transport- Little Rock, Ark. 72201. Fortville, Ind. 46040. Authority sought to ing: General commodities (except classes No. MC 129242 TA, filed July 18, 1967. operate as a common carrier, by motor A and B explosives, household goods as Applicant: WILBUR D. NEUMANN, 204 vehicle, over irregular routes, transport- defined by the Commission, commodities Rosemary Lane, Crave Coeur, Ill. 61610. ing: Hydrofluosilicic acid, from Indiana- in bulk, and those injurious or contami- Authority sought to operate as a contract polls, Ind., to St. Louis and Hine, Mo.; nating to other lading), between points carrier,by motor vehicle, over irregular for 180 days. Supporting shipper: In- in that part of Nebraska, Iowa, Missouri, routes, transporting: Dairy products, international Minerals & Chemical Corp., and Kansas on, bounded by and within cluding butter, cream, milk, cheese, cot- Indianapolis Stockyards, Indianapolis, 5 miles of a line beginning at Grand Is- tage cheese, oleo, fruit drinks, fruit juice, Ind. Send protests to: R. M. Hagarty, land, Nebr., and extending along US. powdered milk-, powdered buttermilk,and District Supervisor, Bureau of Opera- Highway 30 to junction US. Highway 81, dairy plant equipment, materials, and tions, Interstate Commerce Commission, thence over U.S. Highway 81 to Junc- supplies, between Pana and Peoria, Ill., 802 Century Building, 36 South Penn- tion US. Highway 20, thence over US. on the one hand, and, on the other, points sylvania Street, Indianapolis, Ind. 46204. Highway 20 to junction US. Highway 71, in Indiana, Iowa, and Missouri, and No. MC 125506 (Sub-No. 8 TA), filed thence over U.S. Highway 71 to Junc- points in Kentucky on and west of U.S. July 17, 1967. Applicant: JOSEPH tion US. Highway 136, thence over US. Highway 65; for 150 days. Supporting ELETTO TRANSFER, INC., 31 West St. Highway 136 to the Missouri-Nebraska shippers: Sugar Creek Foods Division, Marks Place,.Valley Stream, N.Y. 11580. State line, thence southeasterly along the National Dairy Products Corp., 222 West Applicant's representative: Morris Honig, Missouri-Nebraska State line to its Junc- Adams Street, Chicago, 11. 60606; and. 150 Broadway, New York, N.Y. Au- tion with the Missouri-Kansas State line, Sealtest Foods Division, National Dairy thority sought to operate as a contract thence along the Missouri-Kansas State Products Corp., 736 Southwest Washing- carrier,by motor vehicle, over irregular line to junction US. Highway 36, thence ton, Peoria, 111. 61602. Send protests to: routes, transporting: Such merchandise west over U.S. Highway 36 to Junction Raymond E. Mauk, District Supervisor, as is dealt in by retail department stores, US. Highway 281, thence over US. High- Bureau of Operations, Interstate Com- displays and advertising materials, be- way 281 to Grand Island, Nebr., the point merce Commission, 1086 U.S. Courthouse -tween shipper's stores and warehouses of beginning; for 180 days. Restrictions: and Federal Office Building, 219 South located at New York, Manhasset, Garden (1) No service shall be rendered in the Dearborn Street, Chicago, I1. 60604. City, Eastehester, and White Plains, transportation of any package or article No. MC 172 (Sub-No. 5 TA) (correc- N.Y., Stamford, Conn., and Watchung, weighing more than 100 pounds and no tion), filed July 3, 1967, published in East Orange, and Paramus, N.J.; for 180 service shall be provided in the trans- FEEMn RE TsRz,issue of July 12, 1967, days. Supporting shipper: Best & Co., portation of any shipment weighing more corrected, and republished as corrected, Fifth Avenue at 51st Street, New York, than 100 pounds from any one con- this Issue. Applicant: ARNOLD E. N.Y. Send protests to: E. N. Carignan, signor to any one consignee on any one WADE, 1312 Helderberg Avenue, Sche- District Supervisor, Bureau of Opera-. day. (2) No service shall be provided to nectady, N.Y. 12306. Applicant's repre- tions, Interstate Commerce Commission, or from the premises of any shipper or sentative: James H. Glavin II, 69 Sec- 346 Broadway, New York, N.Y. 10013. consignee who or which have entered ond Street, Waterford, N.Y. 12188. Au- No. MC 127227 (Sub-No. 3 TA), filed into contracts with Capitol Delivery thority sought to operate as a common July 18, 1967. Applicant: BIRDSAIL Service, Inc., and are served by the com- carrier, by motor vehicle, over irregular CONSTRUCTION COMPANY, 230 Royal pany pursuant to permits issued by the routes, transporting: Passengers and Palm Way, Palm Beach, Fla. 33480. Ap- Interstate Commerce Commission. NoTE: their baggage, in the same vehicle with plicant's representative: Richard J. Applicant proposes to interline ship- passengers, in special and charter opera- Brooks, Post Office Box 1531, Title Build- ments at all points It Is authorized to tions, from points n that part of New ing, Tallahassee, Fla. Authority sought serve. Supporting shippers: There are York bounded by a line beginning at to operate as a common carrier,by motor 101 shippers' supporting statements at- Windham, N.Y., and extending through vehicle, over irregular routes, transport- tached to application, which may be ex- Gilboa to Cooperstown, thence through ing: General commodities (except classes amined at the Interstate Commerce Sharon Springs to Amsterdam, thence A and B explosives, commodities requir- Commission, in Washington, D.C., or at through Hoffmans to Schenectady, and ing special equipment, commodities in the field office named below. Send Pro- thence through South Berne to point of bulk, and commodities of unusual value), tests to: Keith P. Kohrs, District Super- beginning, to ports of entry on the inter- between Palm Beach, Fla., on the one visor, Bureau of Operations, Interstate national boundary line 'between the hand, and, on the other, points in Palm Commerce Commission, 705 Federal Of- United States and Canada, located in Beach, Broward, and Dade Counties, fice Building, Omaha, Nebr. 68102. New York; for 150 days. Supporting ship- Fla.; restricted to traffic having a prior No. MC 129240 TA, filed July 17, 1967. per: The 11 supporting statements at- or subsequent movement by water and Applicant: ROY E. BARKER PRODUCE, tached to application may be examined originating at or destined to points on INC., 121 Magnolia, North Little Rock, at the Interstate Commerce Commission the island of New Providence, Bahamas; Ark. 72114. Applicant's representative: in Washington, D.C., or at the field office for 150 days. Supporting shippers: There Glenn W. Jones, Jr., Donaghey Build- named below. Send protests to: Jack G. are seven shippers' supporting state- Ing, Little Rock, Ark. 72201. Authority TakakJlan, District Supervisor, Bureau ments attached to application, which sought to operate as a contract carrier, of Operations, Interstate Commerce may be examined at the Interstate Com- by motor vehicle, over irregular routes, Commission, 518 Federal Building, Al- merce Commission, or at the field office transporting: Fruit and vegetable ship- bany, N.Y. 12207. NoTE: The purpose of named below. Send protests to: Joseph ping containers, from Little Rock, Ark., this republication is to show that both B. Teichert, District Supervisor, Bureau to points in Denver, Boulder, Weld, special and charter operations are pro- of Operations, Interstate Commerce Adams, Arapdihoe, Larimer, Jefferson, posed by carrier. Commission, Room 1621, 51st Southwest First Avenue, Miami, Fla. 33130. Douglas, Gilpin, Clear Creek, Park, Cos- By the Commission. tilla, ConeJos, No. MC 127664 (Sub-No. 1 TA), filed and Alamosa Counties, IsEAL3 H. Nzrm. GsAsoN, July 17, 1967. Applicant: CAPITOL DE- Colo.; for 180 days. Supporting shipper: Secretary. LIVERY OF OMAHA, INC., 1824 Cali- Little Rock Crate & Basket Co., 1623 East [P.B. Doc. 67-605: Filed. July 24, 1967; fornia Street, Omaha, Nebr. 68102. Ap- 14th Street, Little Rock, Ark. 72202. Send 8:51 am.]

FEDERAL REGISTER, VOL 32, NO. 143-WEDNESDAY, JULY 26, 1967 10968 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED-JULY The following numerical guide is a list of the parts'of each title of the Code of Federal Regulations affected by documents published to date during July.

3 CFR Page 17 CFR-Continued Page 7 CFR-Continued Pago PROCLAIATIONS: 724 ------10549 PRaeosERVLs-Contlnued 9817, 10293, 10427 3279 (modified by Proc. 3794) - 10547 725------1076 ------10597 3290 (seeProc. 3794) ------10547 728------9819 1090 ------9977,10808 3328 (see Proc. 3794) .------10547 751------9821 1101 ------9-0077,10808 3386 (see Proc. 3794) ------10547 777 10552,10834 1102...... ------9691 3389 (see Proc. 3794) ------10547 798 ------9608 1103 ------10737 3509 (see Proc. 3794) ------10547 811 ------9949 1104 ------0094 3531 (see Proc. 3794) ------10547 814 ------10553 1125 ------10742,10863 3541 (see Proc. 3794) ------10547 815 ------10501 1127 ------6 97 3693 (see Proc. 3794) ------10547 817 ------10345 10715 1128 ------10206 3779 (see Proc. 3794) ------10547 855 ------. 1132 ------9694 3790 ------9803 893 ------10638 1133 ------10600 3791 ------10047 900 ------9610,9821 3792 ------10341 905 ------9508,10051 3793 ------10343 908 ------9508, 10051, 10428, 10781 8 CFR 3794------10547 910 ------9509, 10052, 10502, 10782 Ch. I . ..------10433 3795 ------10905 911 ------9822 100 ------9616 915------10156,10641 101 ------9622 EXECUTIVE ORDERS: 916 ------9612 103 ------9622 9979 (See EO 11360) ------9787 917------9822,10296 204 ------9624 9988 (See EO 11360) ------9787 919 .------10428 211 ------9625 10001 (See EO 11360) ...... - 9787 924 ------10782 212 ------9625 10008 (See EO 11360) ------9787 944------10052,10641 213------9620 10202 (See EO 11360) ------9787 947 --- 10429 214 ------9626 10292 (See EO 11360) ------9787 948 ------10430 215 ------96020 10363 (See EO 11360) ------9787 980 ------9509 221 ------9626 EO 10366 (See 11360) ------9787 1012 ------10554 223 ------9626 10469 (See EO 11360) ------9787 1032 ------9612,10834 231------9620 10562 (See EO 11360) ------9787 1050 ------10834 234 ------9627 10659 (See EO 11360) ------9787 1062------10834, 10909 235 ------9627 10714 (See EO 11360) ------9787 1067 ------10834 236 ------9628 10735 (See EO 11360) ------9787 1073 ------9510 238 ------9629 10809 (See EO 11360) ------9787 1102 ------10554 239 ------9631 10984 (See EO 11360) ....---- 9787 1104 ------9823 242 ------9631 11098 (See EO 11360) ------9787 1127 ------10783 243 ------9632 11188 See EO 11360) ------9787 1132 ------9823 245 ------032 11241 (See EO 11360) ------9787 1421 ------9612, 248 ------9632 11266 (See EO 11360) ------9787 9824, 10052, 10057, 10431, 10502; 249 ------9632 11278 (Amended by EO 11359)- 10049 10718,10719,10783,10910. 251 ------9632 11350 (See EO 11360) ------9787 1427. ------10431 252 ------9632 11359A ------10049 1446 ------9950, 10910 253 ------9633 11360 ------9787 1464 ------9826,10249 264 ------9633 11361 ------10153 1474 ...... 9510 292 ------9633 11362------10495 1520 ------9827 299 ------9633 11363 10799 ------1701 ------9613 312 ------633 11364 ------10907 1804------9828 316a ------9634 5 CFR 1813 ------9614 319 ------9635 2101 -.------...------9615 334 ------9035 213 ------9493, PROPOSED RULES: 337 ------935 9605, 9807, 10249, 10293, 10345, 339 ------9035 10556,10635,10781. 51 ------10084, 10090, 10097, 10449 341 ------9635 294 ------9493 52------10935 343 ------9635 511 ------9605 921 ------10579 343a ------9635 534------9605 922 ------10579 343b ------9636 550 ------9807, 10556 923 ------10579 349 ------9636 752 ------10909 926 ------10804 499 ------9 636 771 ------10909 945 ------10516 958 ------9835 PROPOSED RULES: 7 CFR 993 ------10579 211------10370 1 ------9605 1001 ------9902 212------03701 6 ------10833 1004------9836,10592 214 ------10370 52 ------10497,10499 1005 ------10449 241------10370 301 ------9496, 9499, 9507, 10781 1006 ------10308,10857 292------10370 354 ------9945 1012 ------10857 370 ------9606 1013 ------7------10857 401 ------10501, 10781, 10834 1015 .... . 9902 9 CFP 409 ------10635 1032 ------. 10203,10597 51 ------9945 412 ------9816 1043 ------10808 76 ------10719 1050 ------10203,10811 601------10155,10501 78 ------10783 717 ------9946, 10293, 10549 1062 ------10203 165 718 ------9507 1067 ------9691,10203 ------10015 722 ------9608 1068------10863 204 ------9636 FEDERAL REGISTER 10969

10 CFR 14 CFR-Continued Page 121 CFR Page 2------10432 PROPOSED RuL---Continued 1----- 10729 2 _- 10846 20 10432 91 ------9840, 3 .... 10731 150------10432 9987, 10310, 10602, 10660, 10811, 8 --- -- _ _ 9945, 10199, 10930 PROPOSED RULES: 10863. 10 10788 50 ------10213, 10816 121 ---.- .-.------10311 221 ------9841,10866 120...... 10433,10734 298 ------10450 121 ...... ------10508, 10567, 10734,10735 12 CFR 389 ------9841,10265 141 .... 10788 1 ------9809, 10432 399 ------9841,10866 141a ---.-.--.- ..-.------9810,10788 4------9513 10298 207 ------10912 15 CFR 141e ------10199 210 ------10912 145...... 9810 261 ------9516 Ch.IIL 0------1077,10297146a ------.. ----- 9810 3 ------10252 10298 271 ------9518 146e ...... 10199 272 ------L- - 9518 4 ------9643 60 ------10786 10070 301 9638 t$I=P ...... ------200 303 ------9638,10556 ------10194 PROPOSED RULES: 304 ------10558 201 ------10644 14_...... 9979 205------.. -----.-- 10645 305 ------9638 10308 306------10561 208 ------10645 230 ------10645, 10930 307 ------9638,10561 22 CFR 309 ...... ------9638 235 ------.-.---- 10198 WM9 325 ------10561 256 ------10252 919 327 ------10561 365 ...... 9809 502 ------... 9654 328 .....------10189 369 ------10078 9654 370 ------10078 9657 330 ------10408 502 ------.------.------331 ------10561 371 ------10079 10352 334 ------9638 372 ------10078 9657 505 ------9520 373 ------.... -10078,10079 545 ------9955 379 --- 10078 23 CFR 561 ------10415 382 ------10082 9;9; 10072 564 ------10415 385 ------10079 PROPOSED RULES: 399 ------10082 10720 255 ------10812 13 CFR 700------101------10059 16 CFR 24 CFR 102 -- 9522 13 ------9645- 200 ---.- .-.-- .------. --.-. 9660 114 . ------10190 9648, 10058, 10562-10565, 10645- 9539 121 ------10364 10649,10840-10844. 9662 301 ------10365,10836 15 ------10297, 10298, 10566, 10567 307 25 CFk ------10365 PROPOSED RuLEs: 10058 PROPOSED RULES: 414------10753 10253 121------9980, 9982, 10753, 10754 415 ...... -...... --- 9843 256 ...... 10433 500 ------9571, 10937 14 CFR 26 CFR 17 CFR 9540 1 ------9640, 10250 140 ------9648 nnfll 9541 39 ..... -- 9641, 200 ------.- .....------9828,10198 10061, 10345, 10641-10643, 10720, 270 ------10728 PROPOSED RULES: 10784-10785,10928. I -10261 61 ------10643 18 CFR 71 ------9641- 27 CFR .1 ------10062 9643, 9808, 9956, 10061, 10192, PROPOSED RULES: 10193, 10346, 10347, 10432, 10433, 2 9955 10507, 10508, 10556, 10643, 10644, 3------10062 10208 10838-10840,10928,10929. 131------9650 73 --- 10194, 10296, 10347, 10507, 10929- -PROPOSED RULES: 28 CFR 75------10785 101 ....-9709 9662 91 ------9640,9809 141------9709 -9662 95------10250 97--:------9957, 10348, 10721 19 CFR 29 CFR 288 ------10929 Ch T inonn 40 -.------_ 10649 401_--__- ---- 9963 10845 60 -...-....-. - - -- 10932 1201 ------9524 11 ------1206 ------9528 14 ------...... ------9533 9547,10059 17 -..-----.- ..------9533 102 -9547 PROPOSED RULES: 24 ------10845 51.. 9551 1------10811 26 ------9533 981, 10649 1401 9811 23------10103, 10602, 10863 ------9537 1402_.. _.... _ ...... 9811 39 ------9703, 10370-10372, 10660 RULES: PROPOSED 143.....9811 61 ------10103,10660 12 ------108671 71 ------9571, 1404 ..---.-.-- 9811 10650 9704-9708, 9986, 10103, 10210- 1605 ...... 10298 10213,10309,10372,10450,10516, 20 CFR 10661-10663,10865,10937. 25 ------.-.---. . . . . 10567 PROPOSED RULES: 73 ------10866 200 ------9651 2 10132, 10265,10658 75------9708, 10212, 10516 262------__ 9651 526____... 10601 77------10373 9537 1516 ...... 10658 10970 FEDERAC REGISTER' I Page 31 CFR 36 CFR Page 1 43 CFR-Continued I------9562,10059 200 ...... ------9679 PUBLIC IAND ORDERs-Contlnued 92 ------9664 504 ...... ------9682 4258 ------..----- 10934 93 ------10435 PROPOSED RULES: 4259------.... --- 10934 205 ------10201 7 ------10803 4260 ------10934 256 ------9564 PROPOSED RULES: 257 ------9665 38 CFR 270 ------9665 23 ------_ 1065 316 ------10655 1 ------10848 2244 ------10709 323 ------9967 13 ------10436 351 ------9666 44 CFR 500 ------10508,10846 39 CFR 401 ------9816 515 ------10846 113 ------9559 520 ------10847 132 ------10436 45 CFR 525 531 ------10847 ...... ------10916 55------.------10852 532 ------10918 503 ...... ----...... 533 --- ...------10919 9569 32 CFR 704 ------90684 Ch. XVI ------9679 53 ------10924 801 ------10736 1------...... 10157 PROPOSED RULES: 1005 ------9685 2 ------10158 143------10308 1009 ------0687 3 ------...... ------10159 1030 ------10073 4 ------10161 41 CFR 1100 ------10513 6 ----- ...---- .....------10167 1-8 ------9683 7 ------10167 1-12------10852 46 CFR 9------.10172 4-2 ------10083 293 ------10855 0 ------10172 101-12------10299 503------..------10515 13 ------10173 101-25 ------9683 530 ------9650 16 ------10173 101-43------101255 18 ------10174 105-60------9564 47 CFR 22 ------10174 30 ------10180 0------10363,105608 42 CFR 2------10181,10290 67 ------9968 68 ------9968 51 ------10792 15 ------10854 156 ------10644 57 10202 ------.64 ------10855 242 ------9969 PROPOSED. RULES: 73 ------9815, 243...... ----...... 10184, 10300, 10303, 10306, 10437, . 9971 73 ------9698 10794. 275 ------10436 306 ------10601 286 ------9666 74 ------10306 87 ------287 ------9670 43 CFR 10200 290 ------=_ 9671 PROPOSED RULES: 2 518 ------10355 ------9974 0 ------10663 526 ------10789 21 ------10299 1------10663 713 ------10509 3130 .. ..------10652 73------10375, 10452, 10606, 10664 730 ------10509 3160 ------10654 74 ------10664 800 ------9673 PUBLIc LAM ORDERs: 83 ------10663 806 ------9674 1767 (revoked Ii part by PLO 85 ------10663 813a ------9677 4255)------10933 87 ------10665 822 ------9673 3036 (amended by PLO 4259).. 10934 89 ...... - 10375 3456 827 ------9677 (revoked in part by PLO 49 CFR 850 ------10512 4239)------0437 857 ------9677 4153 (revoked in part by PLO 5 ------10363 4252 ------9 ------870 10933 10076 ------9677 4237------10255 105a ------9 816 873 ------9678 4238------10256 107a ------10704 909 ------10512 4239 ------10437 195------9689,10515 1455 ------10299 4240------10257 292------10306 1607 ------9973 4241------10257 PROPOSED RULES: 1609 ------4242 ------10258 Ch.I 9973 4243------10258 ------10517 1610 ------9973 4244 281 ------10603 ------10258 423 ------1622 ------9973 4245------10259 10666 4246 ------10259 50 CFR 32A CFR 4247------10259 4248------10259 1------10855 Ch. IX(MA): 4249 10 ------10795 ET-1 ------10260 ------10568,10791 4250------10260 13 ------10856 PROPOSED RULES: 4251 ...... - 10260 14 ------. 10856 Ch. XVIII (MA): 4252------10933 15 ------% 10856 SMR,-5 ------10102 4253------10933 16 ------10856 4254------10933 32 ------10798 33 CFR 4255------10933 PROPOSED RULES: 4256------10934 207--..... 10299,10652 32 ------10857 4257------10934 33 ------10857