FEDERAL REGISTER VOLUME 33 • NUMBER 124

Wednesday, June 26, 1968 • Washington, D.C. Pages 9325-9379

Agencies in this issue— The President Agricultural Stabilization and Conservation Service Civil Aeronautics Board Commerce Department Defense Department Federal Aviation Administration .-Federal Communications Commission Federal Maritime Commission Federal Power Commission Fiscal Service Food and Drug Administration Immigration and Naturalization Service Interstate Commerce Commission Labor-Management and Welfare- Pension Reports Office Land Management Bureau Maritime Administration Packers and Stockyards Administration Securities and Exchange Commission Social and Rehabilitation Service Treasury Department Veterans Administration Detailed list o f Contents appears inside. Announcing First 10-Year Cumulation

TABLES OF LAWS AFFECTED

in Volumes 70-79 of the

UNITED STATES STATUTES AT LARGE

Lists all prior laws and other Federal in­ public laws enacted during the years 1956- struments which were amended, repealed, 1965.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

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Proposed Rule Making FOOD AND DRUG THE PRESIDENT Airworthiness directives: ADMINISTRATION British Aircraft Corp. airplanes. 9348 EXECUTIVE ORDER SIAI-Marchetti airplanes (2 Notices Reconstituting the National Ad­ documents)------9347 Drugs for human use; efficacy visory Committee on the Selec­ study implementation an­ tion of Physicians, Dentists, and FEDERAL COMMUNICATIONS nouncements: Allied Specialists and the Health COMMISSION Certain iron preparations for Resources Advisory Committee. 9329 ' parenteral use------9352 Rules and Regulations Salt substitutes______9352 Uniform system of accounts for Triamcinolone acetonide dental EXECUTIVE AGENCIES telephone companies; continua­ paste______9351 tion of property records, retire­ AGRICULTURAL STABILIZATION ment units, plant accounting, HEALTH, EDUCATION, AND AND CONSERVATION SERVICE and units of property------9343 WELFARE DEPARTMENT Proposed Rule Making See Food and Drug Administra­ Rules and Regulations PM broadcast stations; Blairstown tion; Social and Rehabilitation Rice; marketing quotas; 1968 rate Township, N.J., etc------9348 Service. of penalty------— 9331 Sugar; conditional payments pro­ Notices IMMIGRATION AND visions ; prescribed forms : Hearings, etc.: NATURALIZATION SERVICE Domestic beet sugar area------9331 Bradley Aviation Co., Inc., and Mainland cane sugar area------9332 Skytel Aviation, Inc------9357 Rules and Regulations Wheat; processor marketing cer­ Jeff Davis Broadcasting Service Miscellaneous amendments to tificates; miscellaneous amend­ (WKPO) and Miss Lou chapter------9332 ments ______9331 Broadcasting Corp. (WYNK) _ 9357 Multi-Channel Cable C o ..----- 9358 INTERIOR DEPARTMENT See Land Management Bureau. AGRICULTURE DEPARTMENT FEDERAL MARITIME See Agricultural Stabilization and INTERSTATE COMMERCE Conservation Service ; Packers COMMISSION and Stockyards Administration. Notices COMMISSION Agreements filed for approval: Notices CIVIL AERONAUTICS BOARD Australia/U.S. Atlantic & Gulf Fourth section applications for Rules and Regulations Conference ______9358 relief ,______9365 States Marine Lines------9359 Increased minimum c h a r g e s , Exemption of air carriers for mili­ Straits/New York Conference_ 9359 within and from or to the South; tary transportation; reasonable Thailand/U.S. Atlantic & Gulf investigation and suspension— 9364 level of compensation------— 9335 Conference rubber pool_____ 9358 Motor carriers: Navigation of foreign civil aircraft Cunard Line, Ltd., and State of Alternate route d e v ia t io n within U.S.; operation of air­ Alaska; issuance of casualty and notices ______9366 craft manufactured in States performance certificates (2 doc­ Applications and certain other not members of International uments) ______i------9358 proceedings ------9368 Civil Aviation Organization----- 9337 Matson Navigation Co.; elimina­ Intrastate applications------9366 Notices tion of rates on containerizable Transfer proceedings------9374 Hearings, etc.: cargo in conventional break- Air Traffic Conference of Amer­ bulk service; investigation------9359 JUSTICE DEPARTMENT ica __ 9353 See Immigration and Naturaliza­ Delta Air Lines, Inc______9354 FEDERAL POWER COMMISSION tion Service. National Air Carrier Associa­ Notices LABOR DEPARTMENT tion, Inc______9355 Partial vacation of withdrawals Washington/Baltimore helicop­ of lands: See Labor-Management and Wel­ ter service investigation____ 9357 California ______— 9363 fare-Pension Reports Office. Washington______9362 LABOR-MANAGEMENT AND COMMERCE DEPARTMENT Technical Advisory Committee on See also Maritime Administration. Transmission Facilities for Off- WELFARE-PENSION RE­ Shore Natural Gas; establish­ PORTS OFFICE Rules and Regulations ment ______:------9360 Department seal______9337 Hearings, etc.: Proposed Rule Making El Paso Natural Gas Co------9360 Exemptions from bonding require­ DEFENSE DEPARTMENT Elbow Lake, Minn., village of, ments; investment advisers and and Otter Tail Power Co— ;— 9362 banks and trust companies------9346 Rules and Regulations Horner and Smith------9361 Employment of military resources Iowa Southern Utilities Co____ 9361 LAND MANAGEMENT BUREAU in event of civil disturbances__ 9339 Michigan Wisconsin Pipe Line Rules and Regulations Co. (2 documents)______9361, 9362 Montana; public land order; ex­ fed era l a v ia t io n United Gas Pipe Line Co------... 9362 tension of boundaries of Lewis ADMINISTRATION FISCAL SERVICE and Clark National Forest------9342 Rules and Regulations Rules and Regulations MARITIME ADMINISTRATION Federal airways, controlled air­ Withdrawal of cash from Treas­ Notices space, reporting points, and jet ury for advances under Fed­ Oceanic Steamship Co.; hearing— 9351 routes; alterations and designa­ eral programs; letter-of-credit tions (9 docum ents)______9333-9335 method of financing______9342 (Continued on next page) 9327 9 3 2 8 CONTENTS

PACKERS AND STOCKYARDS SOCIAL AND REHABILITATION TRANSPORTATION DEPARTMENT ADMINISTRATION SERVICE See Federal Aviation Adminis­ tration. Notices Proposed Rule Making Ainsworth Livestock Auction et Aid to families with dependent TREASURY DEPARTMENT children; deprivation of paren­ al.; changes in names of posted See also Fiscal Service. stockyards______9351 tal support or care______9346 Notices Pig iron from certain countries; SECURITIES AND EXCHANGE determination of sales at less COMMISSION than fair value: Czechoslovakia______9375 Rules and Regulations East Germany______;__ 9375 Securities Exchange Act of 1934; Romania ______9375 net capital requirements for U.S.S.R ______'______9376 brokers and dealers______9338 Notices VETERANS ADMINISTRATION Hearings, etc.: Rules and Regulations American Checkmaster System, v Copies of records and papers: Authority delegation regarding Inc ------_____ 9364 certification ______9342 Planet Oil and Mineral Corp__ 9364 General provisions______9342

List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1968, and specifies how they are affected.

3 CFR 14 CFR 38 CFR E xecu tive O rders : 71 (9 documents) ______9333-9335 1____ - ______9342 10166 (revoked by EO 11415) 9329 75 (2 documents)______9334, 9335 2______9342 10185 (revoked by EO 11415) 9329 288______9335 11415______9329 375______9337 43 CFR Proposed R ules : Public Land O rder: 7 CFR 39 (3 documents)______9347, 9348 4455______9342 730______9331 777______9331 15 CFR 45 CFR 891 ______9331 1 QQQ7 892 ______9332 a------v o o i proposed R ules : 17 CFR 203 -— ------9346 8 CFR 240------9338 4 ^ 214______9332 238______9332 29 CFR 3i_------9343 252______QQ 9343 9332 Proposed R ules : 316a______9332 464 9346 Proposed R ules: ...... 73______9348 31 CFR 205—______9342 32 CFR 187_____ 9339 Presidential Documents

Title 3— THE PRESIDENT Executive Order 11415 RECONSTITUTING THE NATIONAL ADVISORY COMMITTEE ON THE SE­ LECTION OF PHYSICIANS, DENTISTS, AND ALLIED SPECIALISTS AND THE HEALTH RESOURCES ADVISORY COMMITTEE W H ER EAS the Health Resources Advisory Committee was estab­ lished on August 5, 1950, at the direction of the President, and has been in operation continuously since that date ; and W H E R E A S , in conformity with section 4 ( j ) of the Selective Service Act of 1948, as amended (now the Military Selective Service Act of 1967), the National Advisory Committee on the Selection of Physi­ cians, Dentists, and Allied Specialists was established by Executive Order No. 10166 of October 4,1950, as amended ; and W H EREAS, in view of the similarity of the health manpower advisory functions of the two committees, the members of the Health Resources Advisory Committee were also designated as members of the National Advisory Committee on the Selection of Physicians, Dentists, and Allied Specialists ; and W H ER EAS that common membership was designed to avoid any duplication of functions and to minimize the opportunity for con­ flicting Federal policies or competing requirements with respect to the use of health manpower ; and W H ER EAS that common membership arrangement was discon­ tinued in 1961 and the two committees have had separate memberships since that time ; and W H E R E A S, on the basis of experience under both arrangements, it has been determined that the purposes of the two committees can be better accomplished and the public interest would be better served if they share a common membership : NOW , TH EREFORE, by virtue of the authority vested in me by section 803 of the National Security Act of 1947, as amended, and section 4(j) of the M ilitary Selective Service Act of 1967, it is ordered as follow s: Section 1. (a) There is hereby established the National Advisory Committee on the Selection of Physicians, Dentists, and Allied Specialists, which shall be coniposed of such members as may be appointed by the President pursuant to section 3 of this order. (b) The Committee shall perform the functions prescribed by sec­ tio n 4(j> of the M ilitary Selective Service Act of 1967, as amended.

S e c . 2. (a) There is hereby established the National Health Re­ sources Advisory Committee, which shall be composed of such members as may be appointed by the President pursuant to section 3 of this o rd er.

FEDERAL REGISTER, V O L 33, NO. 124— WEDNESDAY, JUNE 26, 1968 9330 THE PRESIDENT

(b) The Committee shall advise the Director of the Office of Emer­ gency Planning concerning the allocation, utilization, and administra­ tion- of health resources, including manpower, material, and facilities under various mobilization situations and on problems of the non­ governmental health community relating to emergency preparedness. In carrying out these advisory functions, the Committee shall provide * advice to the Director concerning, among other things, improved utili­ zation and conservation of health manpower, health manpower data collection and interchange systems, the impact of warlike emergen­ cies on the health industry and health services,'the national medical emergency stockpile programs, and the vulnerability of the health in d u stry . Sec. 3. The Committees established by this order shall have a common membership consisting of twelve members to be appointed by the President from private life. The President shall designate one of those members to serve as chairman of both Committees. Such members shall, in conformity with section 4(j) of the Military Selec­ tive Service Act of 1967, as amended, be selected from among indi­ viduals who are outstanding in medicine, dentistry, and the sciences allied thereto. S ec. 4. (a) In carrying out their functions, the Committees shall as appropriate, consult with the Director of Selective Service and such other officials and agencies as may be appropriate, including the Secre­ tary of Defense and officials of the Departments of the Arm y, Navy, and A ir Force, the Department of Labor, the Department of Health, Education, and W elfare, and the Office of Emergency Planning. The Director of Selective Service and the Director of the Office of Emer­ gency Planning shall designate representatives from the Selective Service System and the Office of Emergency Planning, respectively, who shall attend all meetings of these Committees. (b) A ll executive departments and agencies shall cooperate with the Committees established by this order, and furnish them such avail­ able information as the Committees may need for the accomplishment of their functions. Sec. 5. The Selective Service System and the Office of Emergency Planning shall, under such arrangements as may be mutually agreed upon, provide administrative and staff support and defray the neces­ sary expenses of the Committees established by this order, including the compensation of members thereof within the limits of applicable law. The Selective Service System shall, within the lim its of applicable law, defray the necessary expenses of those State and local Committees which may, in conformity with section 4(j) of the Military Selective Service Act of 1967, as amended, be designated by the National Ad­ visory Committee on the Selection of Physicians, Dentists, and Allied Specialists. Sec. 6. In order to permit the establishment of a single membership for the two Committees, the appointment of present members of the two Committees shall expire as of the date of this order. Executive Order No. 10166 and Executive Order No. 10185 are hereby revoked.

T he W hite H ouse, June 24-) 1968. [F.R. Doc. 68-7638 ; Filed, June 24, 1968 ; 4:12 p.m.]

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 9331

Rules and Regulations

SUBCHAPTER C— SPECIAL PROGRAMS than 20 percent Durum wheat, shall have Title 7— AGRICULTURE [ Amdt. 8 ] an ash content of 1.25 percent or more. Flour second clears produced from any Chapter VII— Agricultural Stabiliza­ PART 777— PR O C ESSO R WHEAT other class or other mixtures shall have tion and Conservation Service MARKETING CERTIFICATE REGU­ an ash content of 1 percent or more. The (Agricultural Adjustment), Depart­ LATIONS ash content shall be calculated to 14 per­ ment of Agriculture cent moisture basis. Flour second clears Miscellaneous Amendments shall be a product of the initial milling SUBCHAPTER B— FARM MARKETING QUOTAS process and shall not be a product recon­ On page 8229 of the F ederal R egister AND ACREAGE ALLOTMENTS of June 1, 1968, there was published a stituted by the mixing or blending of the [Amdt. 4] notice of proposed rule making to normal byproducts of 72 percent extrac­ change the definition and records re­ tion type flour milling operation such PART 730— RICE quirement of flour second clears. Inter­ as mill run, bran, shorts, middlings, or ested persons were given 15 days in red dog. When tested for granulation in Subpart— Rice Marketing Quota Reg­ the manner described below, not less ulations for 1967 and Subsequent which to submit written comments, sug­ gestions, or objections regarding the than 98 percent of the product must pass Crop Years proposed amendment. through a cloth having openings not larger than those of woven wire cloth 1968 R ate of P e n al ty No objections have been received and the proposed amendment to § 777.3(u), designated “210 micron (No. 70)” in The amendment herein is issued Table I of “Standard Specification for under and in accordance with the pro­ the Definitions of Flour Second Clears, is hereby adopted without change and is Sieves,” published March 1, 1940, in L.C. visions of the Agricultural Adjustment 584 of the U.S. Department of Com­ Act of 1938, as amended. set forth below. An amendment incorpo­ rating the proposed change to § 777.18 merce, National Bureau of Standards. The purpose of this amendment is to (c), Recordkeeping Requirements for Granulation shall be determined as fol­ announce the rate of penalty applicable Processors of Flour Second Clears, will lows: Sift 100 grams of the product for to excess rice produced in the 1968 crop 5 minutes over a sieve which is clothed appear in the F ederal R egister at a year. later date. with 7XX silk bolting cloth and equipped Under the Act, the penalty rate per Since these provisions must be acted underneath with four Type A Car­ pound on the farm marketing excess is on immediately, or are needed immedi­ michael cloth cleaners. The flour sifter equal to 65 per centum of the parity ately in the administration of the shall have 15 x 15 inch sieves, 2x/i-inch price per pound for rice as of June 15 of regulations, it is hereby found and de­ throw and a speed Of 120 r.p.m. The Type the calendar year in which the crop is termined that compliance with the 30- A Carmichael cloth cleaners shall have produced. day effective date requirements of section tufts of goat hair that brushes against Since rice will shortly be harvested in 4 of the Administrative Procedure Act the bottom of the silk screen. Weigh the some parts of the rice-producing areas (60 Stat. 238, 5 U.S.C. 553) is impractica­ product remaining on top of the sieve and since the rate of penalty is essential ble and contrary to the public interest and subtract the weight from 100 to in computing the amount of penalty on and that this amendment shall be effec­ determine the percentage of granulation. any excess rice production, it is im­ tive on the date provided below. ♦ * * * * portant that this amendment be issued and made effective as soon as possible. .Effective date. This amendment shall [F.R. Doc. 68-7561; Filed, June 25, 1968; In addition, calculation of the rate of be effective with respect to all flour 8:48 a.m.] penalty is a mathematical determina­ second clears processed on and after July 1,1968. tion. Accordingly, it is hereby found Chapter VIII— Agricultural Stabiliza­ that compliance with the notice, public Signed at Washington, D.C., on June tion and Conservation Service procedure, and effective date require­ 20,1968. (Sugar), Department of Agriculture ments of 5 U.S.C. 553 is unnecessary and H . D. G odfrey, contrary to the public interest, and this Administrator, Agricultural Sta­ SUBCHAPTER K— GENERAL CONDITIONAL amendment shall" become effective as bilisation and Conservation PAYMENTS PROVISIONS provided herein. Service. Section 730.22 is amended by adding PART 891— DOMESTIC BEET SUGAR Paragraph (u) of § 777.3 is amended AREA at the end thereof the following to read as follows: sentence: “The rate of penalty appli­ Prescribed Forms cable to the 1968 crop of rice shall be § 777.3 Definitions. * * * * * Pursuant to the provisions of the Sugar 4.48 cents per pound. This is 65 per Act of 1948, as amended, § 891.12 is re­ centum of the parity price as of June 15, (u) “Flour second clears”, means a coproduct of patent flours (including vised to read as follows: 1968, which is determined to be 6.90 Durum patent flour) which is produced § 891.12 List o f prescribed forms. cents per pound.” in a 72 percent extraction rate type of Forms prescribed for the conditional (Secs. 356, 375, 52 Stat. 62, as amended, milling operation in the United States payment program in the Domestic Beet as amended; 7 U.S.C. 1356,1375) from wheat produced in the United Sugar Area. States and which meets the requirements Effective date: Date of publication F orm Number and T itle the F ederal R egister. of this paragraph. Flour second clears produced from Soft Red Winter wheat or SU-102— Farming Unit Report. Signed at Washington, D.C., on June White wheat (except the subclass Hard SU-102-C— Sugar Beet Prevented Acreage 20,1968. White wheat) or from a mixture which Worksheet. H. D. G odfrey, includes at least 80 percent Soft Red SU-104— Sugar Beet Record. Administrator, Agricultural Sta­ SU-104—1— Personal Sugar Beet Record. Winter or White wheat (except Hard SU-107— Sugar Beet Marketing Report. bilisation and Conservation White wheat) shall have an ash content SU-109-A— Combination Worksheet. Service. of 0.75 percent or more. Flour second SU-110— Application for Payment. I P R. Doc. 68-7555; Piled, June 25, 1968; clears produced from Durum wheat, or SU-110-A— Abandonment and Deficiency 8 : 48 a.m.] from a mixture which includes more Area Worksheet.

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 9 3 3 2 RULES AND REGULATIONS

STJ-lll—Supplement to Application for SU-140— Child Labor and Wage Compliance PART 238— CONTRACTS WITH Payment. Report. SU—112—List of Sugar Beet Producers. SU—141— Request for New Producer Pro­ TRANSPORTATION LINES SU-113— Farm Operator Check Sheet. portionate Share. § 238.3 [Amended] SU-114— Summary of Applications for Pay­ SU-142—Request for Additional Proportion­ ment. ate Share. The list of transportation lines in SU-115— Child Labor and Wage Compliance SU-191— Claim Against Producer for Unpaid paragraph (b) Signatory lines of § 238.3 Report. Wages. Aliens in immediate and continuous SU-191— Claim Against Producer for Unpaid SU-195—Sugar Act Payment Deductions. transit is amended by adding the follow­ Wages. ASCS-578— Record of Measurement Service SU—195— Sugar Act Payment Deductions. or Report of Acreage. ing transportation lines in alphabetical ASCS-580— Report of Acreage and Certifica­ sequence: “Air Micronesia, Inc.,” “Brit­ Statement of bases and considerations. tion of Compliance. ish United Airways Limited,” “Conti­ This action reflects the changes in the nental Air Lines, Inc.,” and “Northern Statement of bases and considerations. Consolidated Airlines, Inc.” list of forms prescribed for the condi­ This action reflects the changes in the tional payment program in the Domestic list of forms prescribed for the condi­ Beet Sugar Area. Forms which are no tional payment program in the Mainland PART 252— LANDING OF ALIEN longer being used have been removed Cane Sugar Area. Forms which are no CREWMEN longer being used have been removed from the list and the title of Form SU- Paragraph (c) of § 252.1 is amended to 115 has been changed. Hence, the list from the list, a new Form ASCS-580 has been added and the titles of Forms SU- read as follows: of forms represents those that are cur­ 126-A, SU-126—B, SU-130-A, SU-140, § 252.1 Examination of crewmen. rently in use. and ASCS-578 have been changed. * * * * * (Sec. 403, 61 Stat. 932, 7 U.S.C. 1153; secs. Hence, the list of forms represents those (c) Requirements for admission. 301, 302, 61 Stat. 929, 930 as amended, 7 that are currently in use. U.S.C. 1131,1132) Every alien crewman applying for land­ (Sec. 403, 61 Stat. 932, 7 U.S.C. 1153; sec. ing privileges in the United States must Effective date: Date of publication. 301, 61 Stat. 929, as amended, 7 U.S.C. 1131; make his application in person before an sec. 304, 61 Stat. 931, 7 U.S.C. 1134; sec. 306, Signed at Washington, D.C., on 61 Stat. 932, 7 U.S.C. 1136) immigration officer, present whatever June 20, 1968. documents are required, be photographed H, D . G odfrey, Effective date: Date of publication. and fingerprinted as the district director Administrator, Agricultural Sta­ Signed at Washington, D.C., on may require, and establish to the satis­ bilization and Conservation June 20, 1968. faction of the immigration officer that Service. H. D. G odfrey, he is not subject to exclusion under any provision of the law and is entitled [F.R. Doc. 68-7556; Filed, June 25, 1968; Administrator, Agricultural Sta­ 8:48 a.m.] bilization and Conservation clearly and beyond doubt to landing Service. privileges in the United States. PART 892— MAINLAND CANE SUGAR [F.R. Doc. 68-7557; Filed, June 25, 1968; 8:48 a.m.] PART 316a— RESIDENCE, PHYSICAL AREA PRESENCE AND ABSENCE Prescribed Forms / § 316a.2 [Amended] Pursuant to the provisions of the Title 8— ALIENS AND The list of American institutions of Sugar Act of 1948, as amended, § 892.19 research in § 316a.2 American institu­ is revised to read as follows: NATIONALITY tions of research is amended by adding § 892.19 List o f prescribed forms. the following American institution of Chapter I— Immigration and Natural­ research in alphabetical sequence: “In­ Forms prescribed for the conditional stitute of International Studies, Uni­ payment program in the Mainland Cane ization Service, Department of Justice versity of California, Berkeley, Califor­ Sugar Area. nia.” F orm Number and T itle MISCELLANEOUS AMENDMENTS TO (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) SU-79— Application to Produce and Market CHAPTER Mainland Sugar under Bond. This order shall be effective on the SU-120— Application for Payment. The following amendments to Chap­ date of its publication in the F ederal SU-120-1— Supplement to Application for ter I of Title 8 of the Code of Federal R egister. Compliance with the provi­ Payment. Regulations are hereby prescribed: sions of section 553, of Title 5 of the SU-120-2— Abandonment a n d Deficiency PART 214— NONIMMIGRANT United States Code (Public Law 89-554, Area Worksheet. 80 Stat. 383), as to notice of proposed SU—122— Sugarcane Record Card. CLASSES SU-122-A— Sugarcane Record Worksheet. r]fle making and delayed effective date, SU-125—Notice of Farm P ro p o rtio n a te § 214.2 [Amended] is unnecessary in this instance because Share. The 11th sentence of subparagraph the amendment to § 214.2 (j ) (1) confers SU-126—Worksheet for Computing Farm (1) General of paragraph (j) Exchange benefits upon persons affected thereby; Base and Proportionate Share. aliens of § 214.2 Special requirements the amendment to § 238.3(b) adds SU-126-A— Worksheet for * Dividing Pro­ transportation lines to the listing; the portionate Share. for admission, extension, and mainte­ SU-126-B—W o rk sh eet for Consolidating nance of status is amended to read as fol­ amendment to § 252.1(c) relates to Proportionate Share. lows: “The accompanying spouse of a agency procedure; and the amendment SU-127—Farm Normal Yield Worksheet. participant in a designated exchange to § 316a.2 adds an American institution SU-128— Prices Paid for Sugarcane with Re­ program may be granted permission to of research to the listing. lated Information. accept employment in the United States SU-129— Sugarcane Producer Identification but only if such employment is for the Dated: June 20, 1968. Card. SU-130— Report of Performance. support (including, but not limited to, R aym o n d F . F arrell, SU-130-A— Summary of Sugarcane Acreage customary recreational and cultural ac­ Commissioner of and Disposition of Acreage in Excess of tivities and related travel) of the accom­ Immigration and Naturalization. Proportionate Share. panying nonparticipating spouse and [F.R. Doc. 68-7563; Filed, June 25, 1968; SU-132-—Report of Sugarcane Deliveries. minor children in the United States.” 8:48 a.m.] SU-134-—Daily Wage Rate Record Sheet.

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 RULES AND REGULATIONS 9 333

Issued in Washington, D.C., on [Airspace Docket No. 68-CE—17] Title 14— AERONAUTICS AND June 18, 1968. PART 71— DESIGNATION OF FEDERAL T. M cC orm ack, AIRWAYS, CONTROLLED AIRSPACE, Acting Chief, Airspace and SPACE Air Traffic Rules Division. AND REPORTING POINTS Chapter I— Federal Aviation Admin­ [F.R. Doc. 68-7527; Filed, June 25, 1968; Alteration, Extension, and Revocation istration, Department of Transpor­ 8:45 a.m.] of Federal Airways

tation [Airspace Docket No. 68—SO-37] On April 6, 1968, a notice of proposed [Airspace Docket No. 67-SO-112] rule making was published in the F ed­ PART 71— DESIGNATION OF FEDERAL eral R egister (33 F.R. 5459) stating that pART 71— DESIGNATION OF FEDERAL AIRWAYS, CONTROLLED AIRSPACE, the Federal Aviation Administration was AIRWAYS, CONTROLLED AIRSPACE, AND REPORTING POINTS considering amendments to Part 71 of AND REPORTING POINTS the Federal Aviation Regulations that Alteration of Control Zone would realign and revoke segments of Designation of Additional Control The purpose of this' amendment to VOR Federal airway No. 300; extend Areas and Alteration of Transi­ Part 71 of the Federal Aviation Regula­ VOR Federal airway No. 316 and revoke tion Area tions is to alter the Fort Lauderdale, Fla., segments of VOR Federal airway Nos. On March 7,1968, a notice of proposed control zone. 462 and 470. Since this action involves, in part, Interested persons were afforded an rule making was published in the F ed­ navigable airspace outside the United opportunity to participate in the pro­ eral R egister (33 F.R. 4270) stating that States, the Administrator has consulted posed rule making through the submis­ the Federal Aviation Administration was with the Secretary of Defense and Sec­ sion of comments. All comments received considering amendments to Part 71 of retary of State in accordance with the were favorable. the Federal Aviation Regulations that provisions of Executive Order 10854. In consideration of the foregoing Part would designate the Piedmont, Ala., and Changes in instrument approach pro­ 71 of the Federal Aviation Regulations the Langston, Ala., additional control cedures to the Fort Lauderdale-Holly- is amended effective 0901 G.m.t., August wood International Airport require al­ 22,1968, as hereinafter set forth. areas, and alter the Chattanooga, Tenn., terations to the Fort Lauderdale control transition area. Section 71.123 (33 F.R. 2009) is amend­ zone. It will be necessary to realign the ed as follows: Interested persons were afforded an east control zone extension from 079° to 084° True. This extension extends over a. In V-300 all between “From Lake- opportunity to participate in the pro­ head, Ontario, Canada,” and “ 12 AGL posed rule making through the submis­ the Atlantic Ocean and the change in­ volves a small amount of controlled air­ Wiarton, Ontario, Canada,” is deleted sion of comments. All comments received space. The control zone extension to the and “ 12 AGL Sault Ste. Marie, Mich.;” is were favorable. northwest will be reduced from 9.5 to 8 substituted therefor. In consideration of the foregoing, Part miles. Also, replotting of the geographic b. In V-316 “From Sault Ste. Marie, 71 of the Federal Aviation Regulations is position of the Fort Lauderdale-Holly- Mich./’ is deleted and “From Lakehead, amended effective 0901 G.m.t., August 22, wood International Airport requires a Ontario, Canada; 12 AGL Houghton, change in coordinates from lat. 26°04'25" Mich,; 12 AGL Marquette, Mich.; 15 1968, as hereinafter set forth. miles 12 AGL, 100 miles 40 MSL, 12 AGL 1. Section 71.163 (33 F.R. 2051) isN., long. 80°09'10" W., to lat. 26°04'15" N., long. 80°09'15" W. Sault Ste. Marie, Mich.;” is substituted amended by adding the following: Since this amendment is minor in therefor. Piedm ont, Ala. nature and less restrictive on the public, c. V-462 is revoked. d. V-470 is revoked. That airspace extending upward from 3,000 notice and public procedure hereon are feet MSL beginning at latitude 34°36'00" N., unnecessary. (Sec. 307(a), Federal Aviation Act of 1958; longitude 85°21'00'' W., thence south to In consideration of the foregoing, Part 49 U.S.C. 1348) latitude 33°59'00" N., longitude 85°21'0O" 71 of the Federal Aviation Regula­ W., thence east via latitude 33°59'00" N., to Issued in Washington, D.C., on June 18, tions is amended, effective 0901 G.m.t., 1968. the arc of a 50-mile circle centered on the August 22, 1968, as hereinafter set forth. Atlanta, Ga., Airport (latitude 33°38'42'' N., T. M cC orm ack, longitude 84°25'37" W .), thence counter­ In § 71.171 (33 F.R. 2058, 7717) the Acting Chief, Airspace and clockwise along this arc to a line 12 miles Fort Lauderdale control zone is amended Air Traffic Rules Division. north of and parallel to the Atlanta, Ga., to read as follows: [F.R. Doc. 68-7529; Filed, June 25, 1968; Airport Runway 9L ILS localizer west course, -F ort Lauderdale, Fla. 8:45 a.m.] thence west along this line to longitude 85°33'00" W., thence south via longitude Within a 5-mile radius of Fort Lauderdale- Hollywood International Airport (lat. 26°04' 85°33'00" W., to the northeast boundary of [Airspace Docket No. 68-CE-23] V-321, thence northwest along the northeast 1 5 " N., long. 8 0°09'15" W .); within 2 miles each side of the Fort Lauderdale VOR 084° boundary of V-321 to the southeast boundary PART 71— designation o f f e d e r a l of V-115E, thence northeast along the south­ radial, extending from the 5-mile radius zone east boundary of V-115E to the point of to 10 miles east of the VOR; within 2 miles AIRWAYS, CONTROLLED AIRSPACE, beginning. each side of the Fort Lauderdale VOR 278° AND REPORTING POINTS Langston, Ala. radial, extending from the 5-mile radius zone to 8 miles west of the VOR; within 2 miles Alteration of Federal Airway That airspace extending upward from 3,000 each side of the Fort Lauderdale VOR 306° feet MSL bounded on the north by V-54S, on radial, extending from the 5-mile radius zone On April 18, 1968, a notice of proposed the southeast by V-115, on the southwest by to 8 miles northwest of the VOR; within 2 rule making was published in the F ed­ V-321 and on the northwest by the arc of a miles each side of the 135° bearing from the eral R egister (33 F.R. 5957) stating that radius circle centered at latitude Fort Lauderdale RBN, extending from the the Federal Aviation Administration was 34°46'30'' N„ longitude 86°36'30" W. 5-mile radius zone to the RBN. considering an amendment to Part 71 of 2. In §71.181 (33 F.R. 2137) Chat­ (Secs. 307(a), 1110, Federal Aviation Act of the Federal Aviation Regulations that tanooga, Tenn., is amended by deleting 1958 (49 U.S.C. 1348, 1510); Executive Order would extend V-218 from Rochester, ?r0 between “thence via latitude 10854 (24 F.R. 9565)) Minn., to Fairmont, Minn, p c5 08'20" N.,M and “excluding the por­ Issued in Washington, D.C., on June 18, Interested persons were afforded an tion that coincides with the Rome, Ga., 1968. opportunity to participate in the pro­ transition area.” and substituting “to T. M cC ormack, posed rule making through the submis­ the arc of a 25-mile radius circle cen­ Acting Chief, Airspace and sion of comments. All comments received tered at Lovell Field,” therefor. Air Traffic Rules Division. were favorable. s°7 (a ), Federal Aviation Act of 1958; [F.R. Doc. 68-7528; Filed, June 25, 1968; In consideration of the foregoing, Part 49 U.S.C. 1348) 8:45 a.m.] 71 of the Federal Aviation Regulations

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 No. 124------2 9 3 3 4 RULES AND REGULATIONS is amended, effective 0901 August [Airspace Docket No. 68-SW -2] Monroeville 250° radials and also a” is 22,1968, as hereinafter set forth. deleted. Section 71.123 (33F.R. 2009) is amend­ PART 71— DESIGNATION OF FEDERAL AIRWAYS, CONTROLLED AIRSPACE, Section 71.181 (33 F.R. 2137, 138) is ed as follows: In V-218, all before “ 12 amended as follows: In the 1,200 foot AGL Waukon, Iowa,” is deleted and AND REPORTING POINTS AGL portion of the Mobile transition “From Fairmont, Minn., 12 AGL Roch­ Alteration of Federal Airway area “latitude 31°15'00" N., longitude ester, Minn.;” is substituted therefor. Segment 87°55'00" W.,” is deleted and “the in­ (Sec. 307(a), Federal Aviation Act of 1958-; tersection of the southeast edge of V-70 49 U.S.C. 1348) On March 30, 1968, a notice of pro­ and the northwest edge of V-20,” is sub­ posed rule making was published in the stituted therefor. Issued in Washington, D.C., on June 18, F ederal R egister (33 F.R. 5223) stating 1968. (Sec. 307(a), Federal Aviation Act of 1958' that the Federal Aviation Administra­ 49 U.S.C. 1348) T . M cC orm ack, tion was considering an amendment to Acting Chief, Airspace and Part 71 of the Federal Aviation Regula­ Issued in Washington, D.C., on June Air Traffic Rules Division. tions that would realign the segment of 18, 1968. [F.R. Doc. 68-7530; Filed, June 25, 1968; VOR Federal airway No. 222 between T . M cC ormack, 8:45 a.m.] Industry, Tex., and Lake Charles, La. Acting Chief, Airspace and Interested persons were afforded an Air Traffic Rules Division. [Airspace Docket No. 67-W E-67] opportunity to participate in the pro­ [FJt. Doc. 68-7535; Filed, June 25, 1968; posed rule making through the submis­ 8:46 am .] p a r t 71— designation o f f e d e r a l sion of comments. All comments re­ AIRWAYS, CONTROLLED AIRSPACE, ceived were favorable. [Airspace Docket No. 68-W A -ll] AND REPORTING POINTS In consideration of the foregoing, Part 71 of the Federal Aviation Regulations is PART 71— DESIGNATION OF FEDERAL Alteration of Federal Airway amended effective, 0901 G.m.t., August AIRWAYS, CONTROLLED AIRSPACE, Segments 22, 1968, as hereinafter set forth. AND REPORTING POINTS In § 71.123 (33 F.R. 2009) V-222 is On March 21, 1968, a notice of pro­ amended by deleting all between “ 12 PART 75— ESTABLISHMENT OF JET posed rule making was published in the AGL Industry;” and “ 12 AGL McComb, ROUTES F ederal R egister (33 F.R. 4831) stating Miss.;” and substituting “ 12 AGL Hous­ that the Federal Aviation Administration ton, Tex.; 12 AGL Beaumont, Tex.; 12 Alteration of Federal Airways, Jet was considering amendments to Part 71 AGL Lake Charles, La., including a 12 Routes, Designated Reporting of the Federal Aviation Regulations that AGL North alternate from Houston to Points, and Transition Areas would alter segments of VOR Federal Lake Charles via Daisetta, Tex.;” there­ airways Nos. 8,244, and 484. for. The purpose of these amendments to Interested persons were afforded an Parts 71 and 75 of the Federal Aviation (Sec. 307(a), Federal Aviation Act of 1958; Regulations is to change the name of the opportunity to participate in the pro­ 49 U.S.C. 1348) posed rule making through the submis­ Boulder, Nev., VORTAC to Boulder City, sion of comments. All comments received Issued in Washington, D.C., on June Nev., VORTAC wherever it appears in were favorable. 18,1968. the descriptions of V-21, V-105, V-237, In consideration of the foregoing, Part T . M cC ormack, J-9, J-60, J-72, J-76, J -86, J-92, J-100, 71 of the Federal Aviation Regulations Acting Chief, Airspace and J-107, J-110, designated high and low is amended effective 0901 G.m.t., August Air Traffic Rules Division. altitude reporting points and the Las Vegas, Nev., transition area. This action 22, 1968, as hereinafter set forth. [F.R. Doc. 68-7534; Filed, June 25, 1968; 8:46 a.m.] will correctly identify the VORTAC with Section 71.123 (33 F.R. 2009) is amend­ the associated city of Boulder City, Nev. ed as follows: Since this amendment is editorial in a. In V-8 “ 12 AGL Grand Junction, [Airspace Docket No. 68-SO-5] nature and will neither assign nor re­ Colo., including a 12 AGL south alter­ assign navigable airspace, the Adminis­ nate” is deleted and “ 12 AGL Grand PART 71— DESIGNATION OF FEDERAL trator has determined that notice and Junction, Colo., including a 12 AGL AIRWAYS, CONTROLLED AIRSPACE, public procedure thereon is impractica­ South alternate via INT of Hanksville AND REPORTING POINTS ble, and that it may be made effective 087° and Grand Junction 231° radials” immediately. is substituted therefor. Alteration of Federal Airway and In consideration of the foregoing, b. In V-244 all between “ 12 AGL Transition Area Parts 71 and 75 of the Federal Aviation Hanksville, Utah;” and “ 12 AGL Gun­ On April 9, 1968, a notice of proposed Regulations is amended effective imme­ nison, Colo.;” is deleted and “63 ihiles rule making was published in the F ed­ diately, as hereinafter set forth. 12 AGL, 13 miles 140 MSL, 36 miles 115 eral R egister (33 F.R. 5545) stating that 1. Section 71.123 (33 FjR. 2009) is MSL, 12 AGL Montrose, Colo.;” is sub­ the Federal Aviation Administration was amended as follows: stituted therefor. considering amendments to the Federal a. In V-21 “ 12 AGL Boulder, Nev.;” c. In V-484 “including a 12 AGL south Aviation Regulations that would revoke is deleted and “ 12 AGL Boulder City, alternate via INT Grand Junction 129° the segment of V-20 north alternate Nev.;” is substituted therefor. and Gunnison 264° radials;” is deleted from Mobile, Ala., to Monroeville, Ala., b. In V-105 “ 12 AGL Boulder, Nev.;” is and “including a 12 AGL South alter­ and that would alter the Mobile transi­ deleted and “ 12 AGL Boulder City, NeV.;” nate from Grand Junction to Gunnison tion area. is substituted therefor. via Montrose, Colo.;” is substituted Interested persons were afforded an c. In V-237 “ 12 AGL Boulder, Nev.; 12 therefor. opportunity to participate in the pro­ AGL INT Boulder 347°” is deleted and posed rule making through the submis­ “ 12 AGL Boulder City, Nev.; 12 AGL (Sec. 307(a), Federal Aviation Regula­ sion of comments. All comments received INT Boulder City 347°” is substituted tions; 49 U.S.C. 1348) were favorable. therefor. Issued in Washington, D.C., on June In consideration of the foregoing, 2. Section 71.181 (33 F.R. 2137) is 18,1968. Part 71 of the Federal Aviation Regula­ amended as follows: In the Las Vegas, T. M cC orm ack, tions is amended effective 0901 Gjn.t., Nev., transition area “Boulder” is de­ Acting Chief, Airspace and August 22, 1968, as hereafter set forth. leted wherever it appears and “Boulder Air Traffic Rules Division. Section 71.123 (33 F.R. 2009) is City” is substituted therefor. [FJR. Doc. 68-7533; Filed, June 25, 1968; amended as follows: In V-20 “ 12 AGL 3. Section 71.203 (33 F.R. 2280)^ is 8:46 a.m.] north alternate via INT Mobile 033° and amended as follows: “Boulder, Nev.” is

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 RULES AND REGULATIONS 933 5 deleted and “Boulder City, Nev.” is sub­ as a domestic high altitude reporting During the Board’s review of minimum stituted therefor. point. rates for military charters in the spring 4. Section 71.207 (33 P.R. 2287) is Interested persons were afforded an of 1967, DoD requested that Part 288 amended as follows: “Boulder, Nev.” is opportunity to participate in the pro­ be amended to permit DoD to purchase deleted and “Boulder City, Nev.” is sub­ posed rule making through the submis­ backhaul legs of one-way commercial stituted therefor. sion of comments. Due consideration was charters at any tariff rate that might be 5. Section 75.100 (33 F.R._2349) is given to all comments received. lower than the minimum rates.1 DoD amended as follows: The Department of the Air Force noted that § 208.101 of the regulations, a. In J-9 “Boulder, Nev.;” is deleted offered no objection provided that no which conditions the operating author­ and “Boulder City, Nev.;” is substituted changes nor restrictions were required in ity of supplemental carriers, precludes therefor. the high altitude approach procedures those carriers from performing military b. In J-60 “Boulder, Nev.;” is deleted at Little Rock AFB. The agency antici­ airlift services at rates less than the Part and “Boulder City, Nev.;” is substituted pates no changes to such procedures. In 288 minimums. DoD expressed the opin­ therefor. addition, it is anticipated that en route ion that this prohibition worked a hard­ c. J-72 is amended as follows: altitudes to be used on the realigned-J-6 ship on both DoD and the supplemental In the caption “Boulder, Nev.,” is de­ will be above those employed in the ap­ carriers and that the effect of the regu­ leted and “Boulder City, Nev.,” is sub­ proach procedure. Excellent radar cover­ lation appeared inequitable. stituted therefor. age in the vicinity of Little Rock should In response to the DoD proposal, we In the text “From Boulder, Nev.,” is permit use of lower altitudes, when re­ stated in ER-494 (32 F.R. 7901), adopted deleted and “From Boulder City, Nev.,” quired, with no adverse effect on the ap­ May 25, 1967, “Since there is inherent in is substituted therefor. proach procedures. the proposal the possibility of undercut­ d. J-76 is amended as follows: ting the minimum rates by the filing of All other comments received were tariffs that could by their terms be used In the caption “Boulder, Nev.,” is de­ favorable. leted and “Boulder City, Nev.,” is sub­ only by DoD, we will not adopt the pro­ stituted therefor. In consideration of the foregoing, posal at this time but will treat it as a In the text “From Boulder, Nev.,” is Parts 71 and 75 of the Federal Aviation petition for rule making in order that deleted and “From Boulder City, Nev.,” Regulations are amended effective 0901 further study may be given to its im­ is substituted therefor. G.m.t., August 22, 1968, as hereinafter plications and the views of other inter­ e. J-86 is amended as follows: set forth. ested persons.” In the caption “Boulder, Nev.,” is 1. In § 71.207 (33 F.R. 2287) the fol­ Thereafter, DoD filed a petition for deleted and “Boulder City, Nev.,” is sub­ lowing is added. rule making on July 17, 1967 (Docket stituted therefor. Bowling Green, Ky. 18797), seeking amendment of Part 288 In the text “From Boulder, Nev.,” is to permit DoD to purchase the opposite deleted and “From Boulder City, Nev.,” 2. In § 75.100 (33 F.R. 2349) the fol­ legs of one-way flights flown as part of is substituted therefor. lowing changes are made. commercial charters at the minimum f. In J-92 “INT Beatty 142° and a. In J-6 “Memphis, Tenn.; Nashville, rates prescribed in Part 288 for round- Boulder, Nev., 272° radials; Boulder;” is Tenn.;” is deleted and “Bowling Green, trip passenger or cargo charters.2 DoD deleted and “INT Beatty 142° and Boul­ Ky.;” is substituted therefor. stated its belief that such an amendment der City, Nev., 272° radials; Boulder b. J-66 is amended to read as follows: would avoid the possibility of undercut­ City;” is substituted therefor. Jet Route No. 66 (Greater Southwest, Tex., ting the minimum rates inherent in the g. In J-100 “Boulder, Nev.;” is deleted to Memphis, T enn.). previous proposal. and “Boulder City, Nev.;” is substituted From Greater Southwest, Tex., via Little Rock, Ark.; to Memphis, Tenn. In the notice, we expressed our opinion therefor. that both of DoD’s suggestions presented h. In J-107 “Boulder, Nev.;” is deleted (Sec. 307(a), Federal Aviatipn Act of 1958; dangers of undermining the minimum and “Boulder City, Nev.;” is substituted 49 U.S.C. 1348) rates, which are prescribed on the basis therefor, Issued in Washington, D.C., on June 18, of detailed cost submissions and after (Sec. 307(a), Federal Aviation Act of 1958; 1968. consideration of all related questions of 49 U.S.C. 1348) T. M cC orm ack, policy raised by DoD and the carriers. Issued in Washington, D.C., on June 18, Acting Chief, Airspace and We noted that, under the latest DoD 1968. Air Traffic Rules Division. proposal, DoD could pay the round-trip rate for one-way outbound charters T. M cC orjmack, [F.R. Doc. 68-7532; Filed, June 25, 1968; Acting Chief, Airspace and 8:46 a.m.] whenever a carrier flew an inbound Air Traffic Rules Division. charter for a “nonmilitary user.” Some of the carriers have obtained a substan­ [F.R. Doc. 68-7531; Filed, June 25, 1968; Chapter II— Civil Aeronautics Board tial number of charters at low tariff rates 8:45 a.m.] on backhaul flights of outbound mili­ SUBCHAPTER A— ECONOMIC REGULATIONS tary charters, and the revenue from such [Docket No. 19253; Reg. ER-540, Arndt. 4] [Airspace Docket No. 68-SO-17] charters is, taken into consideration to PART 288— EXEMPTION OF AIR CAR­ reduce the one-way military charter PART 71— DESIGNATION OF FEDERAL minimum rates. Combination of the AIRWAYS, CONTROLLED AIRSPACE, RIERS FOR MILITARY TRANSPOR­ round-trip minimum rate with these AND REPORTING POINTS TATION PART 75— ESTABLISHMENT OF JET Reasonable Level of Compensation 1 DoD’s proposed language was as follows: “And provided further that if either a sched­ ROUTES Adopted by the Civil Aeronautics uled or supplemental carrier performs a Board at its office in Washington, D.C., Alteration of Jet Routes and Desig­ one-way charter flight for a nonmilitary 20th day of June 1968. user, the DoD may purchase by MAC airlift nation of Domestic High Altitude On November 16, 1967, by notice of contract a flight of that aircraft in the Reporting Point proposed rule making EDR-127 (32 F.R. opposite direction at a rate which is equal to any lower rate available in a tariff pub­ On May 8, 1968, a notice of proposed 15926), the Board requested comments lished by the carrier with the Board.” rule making was published in the F ed- of interested persons with respect to al­ 2 DoD’s proposed amendment was as fol­ Re°ister (33 F.R. 6940) stating that ternative proposals of the Department lows : “And provided further that if either the Federal Aviation Administration was of Defense (DoD) to amend Part 288 of a scheduled or supplemental carrier performs considering realigning J-6 from Little the economic regulations to permit DoD a one-way flight as part of a charter contract p? 0 i Ark., via Bowling Green, Ky., to to purchase backhaul legs of commercial for a nonmilitary user, the DoD may purchase charters at rates lower than the mini­ by MAC airlift contract a flight of that air­ t r)f,rleston’ W. Va.; extending J-66 from craft in the opposite direction at the min­ wttle Rock to Memphis, Tenn.; and mum one-way Category B charter rates imum round-trip rates prescribed in this designating the Bowling Green VORTAC prescribed in Part 288. Part 288.7 for passengers or cargo."

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 9 3 3 6 RULES AND REGULATIONS low tariff rates might result in the car­ quiring such reduction in rates between are sold to commercial charterers. Such riers operating at a loss. On the other military bases are. cost deduction is made without reference hand, we also noted that the use of tariff DoD’s comments indicate that it to the revenue or rate per mile actually rates by DoD raises troublesome prob­ favors the second alternative, which realized on such commercial backhaul lems. As we indicated in ER-494, some would permit it to purchase flights in flights. To set the one-way minimum rate carriers have undercut the minimum the opposite direction to one-way com­ in that fashion, which as a practical rates by publishing charter tariffs that mercial charters at the round-trip mini­ matter would apply only when there is are by their terms available only to the mum rates. DoD agrees that purchase of no commercial return trip, and to apply military and not to the general public, backhauls to commercial charters at the the round-trip minimum rate to a one­ and some have published tariff rates for round-trip minimum rates should be way military flight when there is a com­ charters to or from military bases in the limited to instances where the related mercial return would be an unfair double United States and foreign countries that commercial charter was not the back­ adjustment. are lower than those for comparable haul from an earlier one-way DoD As to the DoD proposal to make use of commercial services. charter. It further suggests that the commercial tariff rates that may be lower Comments on the DoD proposals were authority requested be limited in ap­ than the minimum rates, if such rates filed by eight carriers8 and DoD. All the plication to instances in which the per­ are available to the general public, the carriers except TIA oppose the adoption forming carrier undertook the related only reason for forbidding such action of either of the DoD proposals. H A ’s commercial charter with the anticipa­ would be that DoD is the sole beneficiary position is essentially neutral, and the tion that the aircraft would have to be of the highly favorable minimum rates. effect of its comments is that it considers ferried on the return. DoD suggested Part 288 is designed to accord DoD the the second alternative (i.e., authorizing language to effect such limitations and benefit of rates that reflect the very DoD to purchase backhauls of commer­ also submitted a tabulation of special favorable cost characteristics that obtain cial charters at the round-trip minimum tariff rates available to it and data on in service performed pursuant to DoD rates) the sounder of the two, since it the extent to which it had made use of contracts while assuring that economic would permit supplemental carriers to such tariffs. conditions are maintained. One of the compete for such traffic on an equal foot­ Upon consideration of the comments, principal purposes of setting minimum ing with route carriers. The carrier op­ we do not believe it would be appropriate rates is to proscribe cutthroat competi­ position is based essentially on the gen­ to adopt DoD’s proposal to permit it to tion that in times prior to the establish­ eral contention that either of the pro­ purchase return legs of one-way com­ ment of the minimum rates caused a posed amendments would open the door mercial charters at the minimum rates deterioration in the quality and reliabil­ to erosion of the Board’s carefully con­ for round-trip charters. During periods ity of the service and the economic de­ structed minimum-rate policy. The car­ of excess of aircraft supply in relation mise of a number of carriers. It is clear riers also point out that DoD already to DoD demand, the proposed modifica­ that the minimum-rate policy would be benefits in the one-way minimum rates tion would provide an incentive for car­ of little avail if the carriers could cir­ by virtue of the fact that some carriers riers to perform commercial charters at cumvent it by merely filing tariffs avail­ are selling the backhaul of DoD charters extremely low rates filed selectively in able to DoD alone that undercut the to commercial users, since the Board re­ order to obtain DoD one-way charters. minimum rates. duces the ferry factor built into the one­ Since by definition the round-trip mini­ On the other hand, there appears to way minimum rates by the indicated ex­ mum rates, which would apply to such be little reason to believe that tariffs will tent to which military backhauls are sold one-way military charters, cover no more be used to circumvent the minimum to commercial users. The carriers also than the cost of the one-way live military rates, so long as such tariff rates must echo the Board’s concern over the join­ flights, this situation could be quite un­ be made available to all potential ing of one-way military charters at the economic unless the Board established users and are not permitted to be re­ round-trip minimum rates with previous some sort of minimum rates for the en­ stricted in use to DoD. DoD requires one-way charters in the inbound direc­ tire round trips/ Moreover, this type of all civil contractors to maintain a sig­ tion sold to commercial users at the low pricing may be uneconomic even without nificant volume of nonmilitary opera­ tariff rates available in what would cut-rate pricing of the commercial legs, tions. It is therefore unlikely that a car­ otherwise be a ferry return to an earlier since the round-trip minimum rates are rier would attempt to gain a competitive outbound one-way military charter. predicated upon the cost of fairly stable advantage with respect to military traf­ Although Capitol opposes amendment long-term contracts, and such cost levels fic by filing tariff rates below the mini­ of Part 288 as proposed by DoD, it may not be fully attainable in an opera­ mum rates if, in doing so, it would also defends its practice of filing tariffs stat­ tion that would involve switching from a have to suffer a substantial dilution in ing point-to-point passenger charter commercial to a military charter. its commercial charter revenues. rates between military bases at the same In addition, the proposal seems to reflect a doubling up of the recognition It appears that the generally available levels as the round-trip minimum rate. charter tariff rates published by both Capitol argues that these rates are not already given in the one-way minimum rates to the existence of matching one­ supplemental and route carriers are restricted to military traffic but are a reasonable. These rates are no less rea­ part of its overall point-to-point char­ way commercial charters. Thus, in developing the one-way minimum rates, sonable when the charterer happens to ter rate structure available t j all cus­ be DoD than when it is anyone else. tomers including the military. It alleges we deduct, on an average basis, the costs of performing the backhaul flights that Moreover, the fact that DoD may elect that point-to-point rates between mili­ to place itself in the position of an tary bases, when initially published, ordinary commercial charterer rather were at levels comparable to the point- 4 DoD proposes to safeguard the economicsthan use the usually more favorable min­ to-point rates between commercial cen­ by disqualifying commercial charters which imum rates does not undermine any ters, involving similar distances. It fur­ are the reverse legs of one-way military of the assumptions underlying the min­ ther alleges that the rates between mili­ charters. Aside from the problems of ad­ imum rates. Absent strong countervail­ tary bases were only recently reduced ministering that kind of proviso, it does not solve the whole problem of uneconomic ing conditions, it would appear that DoD well below any rates applying between commercial charter rates filed for the pur­ should have the right to use a rate avail­ commercial centers for competitive rea­ pose of getting military business on the able to all other shippers when such a sons. The carrier does not elaborate on reverse legs. DoD apparently contemplates rate happens to be more favorable than what the competitive considerations re- that the commercial charter legs would be the applicable minimum rate. It is un­ performed at “normal” charter rates that likely that DoD will find such commer­ cover full costs of the round trip and there­ cial rates more favorable than the mini­ 3 Capitol International Airways, Inc., East­fore the carrier cannot be hurt by offering mum rates except in the case of a few ern Air Lines, Inc., Northwest Airlines, Inc., DoD the reverse legs at the round-trip Pan American World Airways, Inc., Saturn minimum. However, DoD does not suggest one-way charters where less ferry costs Airways, Inc., Seaboard World Airlines, Inc., how we are to assure that the rates on the may, for probably sound reason, be built Trans International Airlines Corp., and Trans commercial legs are maintained at normal into the commercial rates than are built World Airlines, Inc. levels. into the one-way minimum rates.

FEDERAL REGISTER, V O L 33, NO. 124— WEDNESDAY, JUNE 26, 1968 RULES AND REGULATIONS 933 7

We will therefore amend Part 288 to 754, 758, 760, 771, as amended; 49 U.S.C. 1324, § 375.11 Other foreign civil aircraft. provide that, if a carrier performs a one­ 1371, 1373, 1374, 1386) Foreign civil aircraft other than those way charter flight carrying nonmilitary By the Civil Aeronautics Board. referred to in § 375.10 may be navigated traffic for a nonmilitary user, DoD may in the United States only when so au­ purchase the return flight of that air­ [ seal] H arold R . S anderson, Secretary. thorized by the Board under the provi­ craft at a published one-way charter sions of Subpart G of this part. tariff rate that is in fact available to the [F.R. Doc. 68-7573; Filed, June 25, 1968; 8:49 a.m.] (Secs. 204(a), 1108(b), Federal Aviation Act general public for equivalent services. of 1958, as amended; 72 Stat. 743, 798; 49 The amendment would not permit the U.S.C. 1324, 1508) application to DoD use of tariffs not con­ SUBCHAPTER D— SPECIAL REGULATIONS By the Civil Aeronautics Board. forming to these criteria. There are pres­ [Reg. SPR—24, Arndt. 5] ently two general types of charter tariff [ seal] H arold R. S anderson, rates that are effectively limited in their PART 375— NAVIGATION OF FOR­ Secretary. availability to military users. First, there EIGN CIVIL AIRCRAFT WITHIN [F.R. Doc. 68-7574; Filed, June 25, 1968; are tariff rates that apply only to or from 8:49 a.m.] military bases to which civil charterers UNITED STATES do not have access.5 The second type of Operation of Aircraft Manufactured such tariffs is that which is by its terms in States Not Members of Inter­ available only to DoD.8 The amendment national Civil Aviation Organiza­ would permit DoD use of published Title 15— COMMERCE AND point-to-point rates between military tion bases, but only if the rates are in line Adopted by the Civil Aeronautics Board FOREIGN TRADE with other point-to-point rates published at its office in Washington, D.C., 20th day Subtitle A— Office of the Secretary by the carrier between commercial cen­ of June 1968. of Commerce ters, as determined by the Board. Such On April 11,1968, by notice of proposed rates that are not in line with other rule making, SPDR-12, 33 F.R. 5884, PART 1— THE SEAL OF THE DEPART­ point-to-point rates, and tariff rates that April 17, 1968, Docket 19818, the Board MENT OF COMMERCE are in terms available only for the mili­ proposed to require information regard­ tary, would not be acceptable under the ing the airworthiness standards for air­ The Secretary of Commerce issued Ad­ amendment and accordingly would be craft manufactured in countries which ministrative Order 201-17 of May 24, subject to appropriate action by the are not members of ICAO before such 1968, which described the seal of the Board, including rejection. aircraft can be navigated in the United Department and delegated authority to We recognize the possibility that there States. No comments were received on affix the seal to certifications and docu­ may be abuses of the requirement that this proposal, and therefore the Board ments of the Department. Portions of tariffs filed by carriers be in fact avail­ has decided to adopt the regulation as that order pertinent to the public are able to the general public. In the event proposed. hereby issued as a revision of Part 1 of that such abuses should develop, the In consideration of the foregoing, the Subtitle A, Title 15 CFR which reads as Board of course has the necessary power Board hereby amends Part 375 of its follows : to rescind the rule. special regulations (14 CFR Part 375), sec. In consideration of the foregoing, the effective July 26, 1968, by modifying 1.1 Purpose. Civil Aeronautics Board hereby amends §§ 375.10 and 375.11 as follows: 1.2 Description and design. Part 288 of the economic regulations (14 1.3 Delegation of authority. § 375.10 Certain foreign civil aircraft CFR Part 288), effective July 1, 1968, by Authority: The provisions of this Part 1 adding a second proviso to the end of registered in ICAO member states. issued under sec. 1, 32 Stat. 825, as amended, § 288.7 (a), so that the provisos read as Subject to the observance of the ap­ 15 U.S.C. 1501. follows: plicable rules, conditions, and limitations § 1.1 Purpose. set forth in this part: § 288.7 Reasonable level o f compensa­ The purpose of this part is^to describe tion. (a) Foreign civil aircraft manufac­ tured in a State which at the time of the seal of the Department of Com­ ***** manufacture was a member of the In­ merce and to delegate authority to af­ (a) * * * ternational Civil Aviation Organization fix the seal to certifications and docu­ ments of the Department. Provided, That, subject to the provisions (ICAO) and registered in_a State which of § 288.8, the minimum rates specified at the time of flight is a member of ICAO § 1.2 Description and design. may be navigated in the United States; m subparagraphs (1) and (2) of this (a) The Act of February 14, 1903 (32 paragraph shall not be applicable to pas­ (b) Foreign civil aircraft manufac­ Stat. 825, as amended) (15 U.S.C. 1501), tured in a State which at the time of sengers or cargo carried on a particular which established the Department of trip in excess of the amount that the manufacture was not a member of ICAO \ contract calls for DoD to supply and the and registered in a State which at the Commerce, provided that “The said Sec­ carrier to provide space: And, provided time of flight is a member of ICAO may retary shall cause a seal of office to further, That, if a carrier performs a be navigated in the United States (1) if be made for the said department of such one-way - charter flight carrying nbn- the State of registry has notified ICAO device as the President shall approve, military traffic for* a nonmilitary user, that the requirements under which it and judicial notice shall be taken of the the carrier may charter the return flight issues or renders valid certificates of air­ of that aircraft to DoD at a published worthiness, are equal to or above the said seal.” On April 4,1913, the President one-way charter tariff rate that is in minimum standards established pursu­ approved and declared to be the seal fact available to the general public for ant to the Chicago Convention, or (2) if of the Department of Commerce the de­ equivalent services. such notification has not been made to vice which he described as follows: ***** ICAO at the time of flight, there is Arms: Per fesse azure and or, a ship in (Secs. 204, 401, 403, 404, 416,,Federal Avia­ on file with the Board a statement by full sail on waves of the sea, in chief proper; won Act of 1958, as amended; 72 Stat. 743, the State of registry that with regard to and in base a lighthouse illumined proper. aircraft of the type which is proposed to Crest: The American Eagle displayed. be operated hereunder the requirements Around the Arms, between two concentric An example of such rates, which apply under which certificates of airworthiness circles, are the words : °uly between McGuire Air Force Base and are issued or rendered valid are equal to D epartment op Commerce various Air Force Bases in Europe, is stated OQ 8th revised page 19 and 9th revised page or above the minimum standards estab­ U nited States op A merica of Capitol’s CAB No. 151. lished pursuant to the Chicago Conven­ 6 An example of such rates is found on 3d tion. Such statement shall be filed with (b) The design of the approved seal revised page 147 of World’s CAB No. 12. the Board through diplomatic channels. is as shown below. Where necessitated

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 9 3 3 8 RULES AND REGULATIONS by requirements of legibility, immediate right, the deduction should be the same comprehension, or clean reproduction, Title 17— COMMODITY AND as that prescribed for nonconvertible the concentric circles may be eliminated debt securities. When a convertible debt from the seal on publications and ex­ SECURITIES EXCHANGES security becomes in essence a straight hibits, and in slides, motion pictures, debt security, its market price is gener­ and television. In more formal uses of Chapter 11—Securities and Exchange ally subject to the same general influ­ the seal, such as on letterheads, the full, Commission ences which affect straight debt securi­ proper rendition of the seal shall be [Release No. 34-8337] ties, such as changes in interest rates and used. business conditions generally. PART 240— GENERAL RULES AND Under the amendment, a convertible REGULATIONS, SECURITIES EX­ debt security would be regarded as a CHANGE ACT OF 1934 straight debt security (without the speculative element of the conversion Net Capital Requirements for Brokers right) when its market value is below and Dealers 90 percent of face value. When the On December 28, 1967, in Securities market value is between 90 and 115, Exchange Act Release No. 8218 and in however, the security is treated as a hybrid to which a 30 percent deduction the F ederal R egister of January 5, 1968 (33 F.R. 152), the Securities and-Ex­ is applied with the proviso that the floor change Commission published its pro­ for net capital purposes is 80 percent of posal to amend its Rule 15c3-l (17 CFR face value. When the market value is 240.15c3-l) under the Securities Ex­ 115 or more, the full 30 percent deduc­ change Act of 1934 (“Exchange Act” ). tion applicable to common stocks would This rule imposes specified financial re­ be applicable to the convertible debt sponsibility requirements on brokers and security; and in the case of open con­ dealers. The proposed amendment re­ tractual commitments, which include (c) The official symbolism of thelated to- the percentage deductions to be firm commitment underwritings, the seal shall be the following: The ship is applied to convertible debt securities in rule provides in subdivision (c) (2) (E) a symbol of commerce; the blue denotes the computation of net capital. The Com­ that the deductions from net worth in uprightness and constancy; the light­ mission has considered the comments re­ respect of convertible debt securities house is a well-known symbol represent­ ceived and adopted the amendment in which are the subject of such commit­ ing guidance from the darkness which the form stated below. ments are to be similar to the deductions applicable to the same type of securities is translated to commercial enlighten­ Paragraph (c) (2) of the rule provides carried in the capital, proprietary, or ment; and the gold denotes purity. The that, in the computation of “net capi­ other accounts of a broker or dealer.2 crest is the American bald eagle denot­ tal” , certain adjustments must be made Commission action. The Securities ing the national scope of the Depart­ to “net worth”. Among these are deduc­ and Exchange Commission, acting pur­ ment’s activities. (The above is a modi­ tions of specified percentages of market suant to the provisions of the Securities fication of the original symbolism issued values of securities which are either car­ Exchange Act of 1934, and particularly with the President’s approval of the seal, ried in the capital, proprietary, and sections 15(c)(3) and 23(a) thereof, made necessary by changes in the func- other accounts of a broker or dealer, or deeming such action necessary and tioiis of the Department.) which are the subject of open contrac­ appropriate in the public interest and § 1.3 Delegation o f authority. tual commitments in any such accounts^ for the protection of investors and to the extent of each net long or net necessary to provide safeguards with (a) Pursuant to authority vested in short position contemplated by the com­ the Secretary of Commerce by law, (1) respect to the financial responsibility of mitments. The amendment modifies and brokers and dealers, and also deeming the Chief Administrative Officer of each to some extent reduces the amounts to operating unit, and (2) the Director, Of­ such action necessary for the execution be deducted from net worth with respect of the functions vested in the Commis­ fice of Administrative Services in the to convertible debt securities which are Office of the Secretary, are hereby au­ sion by the Act, hereby amends Chapter carried in such accounts or are the sub­ II of Title 17 of the Code of Federal thorized to sign as Certifying Officers ject of such open contractual commit­ certifications as to the official nature of Regulations by redesignating subdivision ments. (iii) (c) of subparagraph (2) of para­ copies of correspondence and records It was pointed out in the Report of from the files, publications and other graph (c) as subdivision (iii) (d), by the Special Study of Securities N Mar­ adopting a new subdivision (iii) (c) and documents of the Department and to kets that, when convertible debt securi­ affix the seal of the Department of Com­ by amending subdivison (v) of subpara­ ties sell at a price in excess of* face value graph (2) of paragraph (c) of Rule merce to such certifications or documents they are really selling in part as stock, for all purposes, including the purpose 15c3—1 (17 CFR 240.15c3-l), effective and that when “ the price of the under­ August 1,1968. authorized by 28 U.S.C. 1733(b). lying stock is below the conversion price (b) Delegations of authority to per­ The text of the above changes reads as it is probable that there is a greater tend­ follows: sons other than those named in para­ ency for the bonds to sell as debt securi­ graph (a) of this section may be made ties and not on the basis of their conver­ § 240.15c3—1 Net capital requirements by the Assistant Secretary for Admin­ sion price.” 1 To the extent that the mar­ for brokers and dealers. istration. ket price of a convertible debt security * * * * indicates that it is being treated essen­ (c) This delegation shall not affect or tially as an equity security, it appears prejudice the use of properly authorized 2 Such treatment would nroduce results appropriate that the prescribed deduc­ which are more nearly in line with the office or bureau seals In appropriate tion from net worth should be similar effect of the requirements of certain cases. to that applicable to stock. On the other national securities exchanges respecting hand, when the market price of the convertible debt securities, and would thus Dated: June 19,1968. security shows it is being regarded in the tend to correct existing inequities in con­ nection with firm commitment under­ D avid R . B a l d w in , market as primarily a debt security with Assistant Secretary writings. Members of specified national little or no value given for the conversion securities exchanges are exempted from the for Administration. provisions of the net capital rule by para­ [F.R. Doc. 68-7468; Filed, June 25, 1968; 1 See Report of Special Study of Securities graph (b) (2) of Rule 15c3-l (17 CFR 8:45 a.m.] Markets, Part 4, p. 24 (1963). 240.15C3—1).

FEDERAL REGISTER, V O L 33, NO. 124— WEDNESDAY, JUNE 26, 1968 RULES AND REGULATJONS 9 3 3 9

(c) * * * Sec. (c) The Constitution of the United (2) * * * 1873 Definitions. States and numerous statutes provide 187.4 Background. (iii) * * * 187.5 Policies. authority to the President to utilize Fed­ (c) In the case of a debt security not 187.6 Responsibilities. eral armed forces within any State or in default which has a fixed rate of 187.7 Command relationships. territories of the United States, in cases interest and a fixed maturity date and 1873 Organization and administration. of domestic violence or other civil which is convertible into an equity 187.9 Providing resources to civil authori­ disturbances : security, the deduction shall be as fol­ ties. (1) To aid State authorities at the lows: If the market value is 90 percent 187.10 Funding. request of the State. Article IV, section or more of the face value, the deduction 187.11 Implementation. 4, of the Constitution makes it the duty shall be 30 percent of the market value, Au th o r ity : The provisions of this Part 187 of the Federal Government at the request but in no event shall such deduction issued under Chapter 15 of Title 10 of the of the legislature of any State (or of the reduce the value of such security below United States Code (10 U.S.C. 331 et seq.). goveinor if the legislature cannot be 80 percent of face value for the purposes § 187.1 Purpose and scope. convened), to protect the State against of this section; if the market value is domestic violence. Congress has au­ below the face value by more than 10 This part establishes uniform Depart­ thorized the President to utilize Federal percent but not more than 30 percent, ment of Defense policies, assigns respon­ armed forces for this purpose. See 10 the deduction shall be a percentage of sibilities, and furnishes general guid­ U.S.C. 331. market value equal to the percentage ance for utilizing DoD military and (2) To enforce the laws of the United by which the market value is below the civilian personnel, facilities, equipment, States. Article II, section 3, of the Con­ face value; if the market value is 30 or supplies: stitution makes it the duty of the Presi­ percent or more below the face value, (a) In support of civil authorities dur­ dent to see that the laws of the United the deduction shall be 30 percent. ing civil disturbances within the 50 States are faithfully executed. Whenever (d) On all other securities, the Deduc­ States, District of Columbia, Common­ the President considers that unlawful tion shall be 30 percent. wealth of Puerto Rico, U.S. possessions obstructions, combinations, or assem­ * * * * * and territories, or any political subdi­ blages, or rebellion against the authority vision thereof. (v) deducting, in the case of a broker of the United States, make it impracti­ (b) In other related instances where cable to enforce the laws of the United or dealer who has open contractual com­ Federal armed forces may be used to mitments, the respective deductions as States in any State or territory by the protect life or Federal property or to ordinary course of judicial proceedings, specified in subdivision (iii) of this sub- prevent disruption of Federal activities. paragraph, from the value (which shall he is authorized by Congress to utilize be the market value whenever there is a § 187.2 Applicability. such Federal armed forces as he deems necessary to enforce those laws or to market) of each net long and each net This part is applicable to all com­ short position contemplated by any suppress the rebellion. See 10 U.S.C. 332. ponents of the Department of Defense (3) To protect the civil rights of citi­ existing contractual commitment in the having cognizance over military re­ capital, proprietary and other accounts zens within any State. The XIV Amend­ sources which may be utilized in accord­ ment to the Constitution forbids any of the broker or dealer and, if such ance with the policies set forth herein. broker or dealer is a partnership, in ac­ State to deny equal protection of the counts of partners, as hereinafter § 187.3 Definitions. laws to any person within its jurisdic­ tion. defined: Provided, however, That this (a) “Civil disturbances” are riots, acts deduction shall not apply to exempted (i) In implementation of this provi­ of violence, insurrections, unlawful ob­ sion, Congress has provided that when­ securities, and that the deduction with structions or. assemblages, or other dis­ respect to any individual commitment ever insurrection, civil violence, unlaw­ orders, prejudicial to public law and ful combinations, or conspiracies in any shall be reduced by the unrealized profit, order within the 50 States, District of in any amount not greater than the State so oppose, obstruct, or hinder the Columbia, Commonwealth of Puerto execution of the laws of that State, and deduction provided for in subdivision Rico, U.S. possessions and territories, or (iii) of this subparagraph (or increased of the Unted States, as to deprive any of any political subdivision thereof. The the population of that State of rights, by the unrealized loss), in such commit­ term civil disturbance includes all do­ ment; and that in no event shall an privileges, and immunities named in the mestic conditions requiring the use of Constitution and secured by laws, and unrealized profit on any closed transac­ Federal armed forces pursuant to the tions operate to increase net capital. the authorities of that State are unable, provisions of Chapter 15 of Title 10, fail, or refuse to provide such protection, (Secs. 15(c)(3), 23(a), 52 Stat. 1075, 48 United States Code. it will be deemed a denial by that State Stat. 901, as amended/sec. 203(a), 49 Stat. (b) “Federal property” is that prop­ of the equal protection of the laws. 1379; 15 U.S.C. 78o and 78w) erty which is owned, leased, possessed, (ii) Thereupon, it becomes the duty By the Commission. or occupied by the Federal Government. of the President to take such measures, (c) “Military resources” include mili­ [seal] by using Federal armed forces, or by any O rval L . D uB o is , tary and civilian personnel, facilities, other means, as he deems necessary, to Secretary. equipment, and supplies under the con­ suppress such disturbances. See 10 U.S.C. June 19,1968. trol of a DoD component. 333. [F.R. Doc. 68-7526; Piled, June 25, 1968; § 187.4 Background. (d) The Attorney General of the 8:45 a.m.] United States has been designated by the (a) Under the Constitution and laws President to receive and coordinate pre­ of the United States, the protection of liminary requests from States for life and property and the maintenance Federal military assistance under the Title 32— NATIONAL DEFENSE of law and order within the territorial provisions stated in. paragraph (c) (1) of jurisdiction of any State are the primary this section. Formal requests from States Chapter I— Office of the Secretary of responsibility of local and State govern­ will be made to the President, who will Defense ments; and the authority to enforce the determine whether Federal Armed Forces laws is vested in the authorities of those will be committed. SUBCHAPTER G— CIVIL DEFENSE governments. PART 187— EMPLOYMENT OF MILI­ (b) The Posse Comitatus Act (18 § 187.5 Policies. TARY RESOURCES IN THE EVENT OF U.S.C. 1385) prohibits the use of any part (a) The employment of DoD military CIVIL DISTURBANCES of the Army or Air Force to execute local, resources for assistance to civil authori­ State or Federal laws except as Congress ties in controlling civil disturbances will Deputy Secretary of Defense ap­ may authorize. Although the Navy and normally be predicated upon the is­ proved the following on June 8, 1968; Marine Corps are not expressly included suance of a Presidential Executive order Sec. within its provisions, the act is regarded or Presidential directive authorizing and Jol'i I>urP,ose and scope. as national policy applicable to all mili­ directing the Secretary of Defense to Applicability. tary services of the United States. provide for the restoration of law and

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 9 3 4 0 RULES AND REGULATIONS

order in a specific State or locality. Ex­ subject to the provisions of paragraph (b) The Joint Chiefs of Staff are re­ ceptions to this condition will be limited (c)(1) (i) of this section. sponsible for: to: (4) Providing military resources of the (1) Establishing procedures that will (1) Cases of sudden and unexpected U.S. Army, consistent with defense promptly transfer military resources civil disturbances or other emergencies priorities, to include: that are assigned to unified and speci­ endangering life or Federal property or (i) The resources of the Army National fied commands (i) to the military de­ disrupting the normal processes of Gov­ Guard called to active Federal service partments for civil disturbance opera­ ernment, which require that immediate under the provisions of subparagraph (3) tions in the Continental United States military action be taken to protect life of this paragraph. (CONUS) or (ii) to unified commands or Federal property or to prevent the (ii) The resources of the Army Re­ for such operations outside the CONUS, disruption of Federal activities. serve (other than Army National Guard) as directed by the DoD Executive Agent (2) The providing of military re­ ordered to active duty to carry out the and consistent with defense priorities. sources to civil authorities as prescribed purposes of this part. (2) Maintaining an appropriate in § 187.9. (5) Exercising through designated strategic reserve for worldwide employ­ (b) Until further notice, the Secre­ military commanders the direction of ment and contingency operations. tary. of the Army is delegated any and all military resources committed or as­ (3) Insuring that directives concern­ of the authority vested in the President signed for employment in the event of ing civil disturbances are issued to the by the Constitution and laws of the actual or potential civil disturbances. commanders of unified commands, for United States which may hereafter be When circumstances warrant, such di­ the employment of military resources delegated to the Secretary of Defense rection will include: (i) Alerting and, if outside the CONUS, in accordance with by the President by Executive or other necessary, prepositioning predesignated direction and guidance provided by the order issued for the purpose, in whole or ground forces; and (ii) directing the DoD Executive Agent. in part, of exercising the authority Secretary of the Air Force to alert and (c) The Secretary of the Air Force is vested in the President by Chapter 15 of provide necessary airlift resources. The responsible for: Title 10, United States Code. Attorney General, as the President’s (1) Providing military resources of the (c) Until further notice, the Secretary representative, will be advised in every U.S. Air Force, as required by the DoD of the Navy and the Secretary of the instance prior to the pre-positioning of Executive Agent and consistent with de­ Air Force are delegated the authority ground force units. fense priorities, to include: which may hereafter be delegated by the (6) Devising command, control, and (1) Designating and providing the President to the Secretary of Defense, communications arrangements to insure specific units or members of the Air Na­ by Executive or other order, to order to effective coordination and responsiveness tional Guard to be called to active Fed­ active duty units and members of the among Defense agencies, military de­ eral service under the provisions of para­ Reserve components under their respec­ partments, the Jouit Chiefs of Staff graph (a) (3) of this section. tive jurisdictions, except National Guard (JCS), and Commanders-in-Chief (ii) Designating and providing the re­ units and members, for use pursuant to (CINCs) of unified and specified com­ sources of the Air Force Reserve (other Chapter 15 of Title 10, United States mands, under conditions of preposition­ than Air National Guard) ordered to Code. ing, deployment, or employment of mili­ active duty to carry out the purposes of (d) DoD Components and their subor­ tary resources. Maximum utilization will this part. dinate activities will coordinate with be made of existing reports of the Joint (2) Exercising for the DoD Executive local civil authorities or local military Operational Reporting System (JOP Agent, through designated military com­ commanders as appropriate, to assure REP), as prescribed in JCS Pub. 6. Ar­ manders, coordinating authority over and mutual understanding of the policies and rangements and reports affecting com­ direction of DoD provided military and procedures to be adhered to in an actual manders of unified and specified com­ commercial obligated airlift resources or anticipated civil disturbance situation. mands will be coordinated with the JCS. used to fulfill civil disturbance airlift requirements.. § 187.6 Responsibilities. (7) Providing essential planning, op­ (3) Providing airlift to deploy and re­ (a) The Secretary of the Army iserational, and intelligence data to the deploy civil disturbance forces and for designated as the Executive Agent for National Military Command Center s u p p ly , resupply, and aeromedical the Department of Defense in all matters (NMCC) and the military service com­ evacuation. pertaining to the planning for, and the mand centers on a timely basis to insure (d) The Secretary of the Navy is re­ deployment and employment of military that the National Command Authorities sponsible for: resources in the event of, civil disturb­ and appropriate military service com­ (1) Designating and providing mili­ ances. As DoD Executive Agent, the mand authorities are adequately tary resources of the U.S. Navy and the Secretary of the Army (or the Under informed. U.S. Marine Corps, as required by the Secretary of the Army, as his designee) (8) Keeping the Secretary of Defense DoD Executive Agent and consistent with is responsible for: informed of unusual military resource defense priorities, to include ordering to (1) Providing policy and direction requirements (actual or potential) and active duty and utilizing the resources concerning plans, procedures, and re­ other significant developments in con­ of the Naval Reserve and the Marine quirements to all DoD components hav­ nection with civil disturbance planning Corps Reserve required to carry out the ing cognizance over military resources and operations. purposes of this part. which may be employed under the pro­ (9) Establishing procedures for re­ (2) Making airlift resources available visions of this part. view and coordination of all DoD compo­ to the Secretary of the Air Force, con­ (2) Establishing DoD policies and nents’ directives, instructions, and plans sistent with defense priorities, as re­ procedures for: (i) Calling the National affecting civil disturbance planning and quested by him in the accomplishment Guard to active Federal service and operations to assure conformity with of his airlift responsibilities set forth in ordering other Réserve components to DoD policies stated herein and DoD paragraph (c) of this section. active duty; and (ii) the employment of Executive Agent policies. (e) The Defense Agencies are re­ such forces that may be required to carry (10) Providing for the establishment sponsible for providing resources as re­ out the purposes of this part. of a DoD Civil Disturbance Steering quired, and advice and assistance on mat­ (3) Calling to active Federal service: Committee and a Directorate of Civil ters within their spheres of responsibility, (i) The Army National Guard units Disturbance Planning Operations. (See to the DoD Executive Agent and to the or members required to carry out the § 187.8.) Secretaries of the military departments provisions of the Presidential Executive (11) Providing the necessary facil­ and to the Joint Chiefs of Staff in the order or other appropriate authority. ities, equipment, and personnel as re­ discharge of their responsibilities. (ii) The Air National Guard units or quired by the ASD(PA) in the accom­ (f) The Assistant Secretary of De­ members required to carry out the pro­ plishment of his public affairs respon­ fense (Public Affairs) is responsible for visions of the Presidential Executive sibilities set forth in paragraph (f) of all DoD public affairs matters related to order or other appropriate authority, this section. civil disturbances. To assure efficiency

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 RULES AND REGULATIONS 9341

and responsiveness in keeping the public Vice Chiefs of Staff of the Army and Air courage the use of local or state resources fully informed he will : Force. rather than military resources. Vice Chief of Naval Operations and Assistant (d) Processing of requests. (1) All (1) Provide direction and guidance to Commandant of the Marine Corps. the DoD Executive Agent on all aspects Representative of the JCS. requests will be promptly submitted of public release of information relating through channels to the appropriate ap­ to civil disturbances. (b) A Directorate of Civil Disturbanceproving authorities, using the format (2) Assign Public Affairs representa­ Planning and Operations with a joint established by the DoD Executive Agent. tives, of appropriate rank, to the Direc­ service staff will be established under the (1) Requests of an urgent nature will torate of Civil Disturbance Planning and Chief of Staff, U.S. Army by the DoD be forwarded by the most rapid means Operations during civil disturbance op­ Executive Agent, to plan, coordinate, and of communications available. erations. direct civil disturbance operations. The (ii) Requests which are not time criti­ (3) Designate as required on-site Department of the Army will provide the cal will be handled in keeping with the DoD Public Affairs Chiefs who will fur­ Director and the Department of the Air degree of urgency dictated by the nish appropriate advice and guidance to Force will provide the Deputy Director. situation. task force commanders and, upon re­ § 187.9 -Providing resources to c iv il (2) Requests received by personnel quest or by direction of appropriate au­ authorities. of the Defense agencies will be re­ thorities, to other representatives of the ferred to local military commanders for Federal Government. The on-site Public Requests for DoD facilities, personnel, processing. Affairs Chief is responsible for the re­ equipment, or supplies, received from of­ (e) Reporting of requests. (1) Reports lease of public information in the af­ ficials of the 50 States, District of Colum­ of all requests (approved, denied, or fected area(s). He will work closely with bia, Commonwealth of Puerto Rico, U.S. pending) will be prepared by all approval the task force commander and other possessions and territories, or any po­ authorities, using the format established representatives of the Federal Govern­ litical subdivision thereof, for use in con­ by the DoD Executive Agent, and for­ ment to keep the public fully informed. nection with civil disturbances, will be warded through channels as follows: In the event of a disagreement concern­ handled as follows: (1) To the military department head­ ing the public release of Information be­ (a) Classification of resources. Mili­ quarters, in the case of requests received tween a task force commander and the tary resources will be classified into three in the CONUS by the four Services. on-site Public Affairs Chief, the issue groups, as follows: (ii) To the JCS, in the case of requests will be resolved by the ASD(PA) who (1) Group One. Military personnel; or received by organizations or installations will coordinate with the DoD Executive arms, ammunition, tank-automotive over which the commanders of the uni­ Agent to the extent feasible. equipment, and aircraft. fied and specified commands exercise (2) Group Two. Military equipment of § 187.7 Command relationships. command authority. an offensive nature not included in (2) Reports received by the military (a) In the event of civil disturbances Group One, such as riot control agents department headquarters and the JCS within the CONUS: and concertina wire. will be transmitted to the DoD Executive (1) Military resources of the unified (3) Group Three. Fire fighting equip­ Agent, who, in turn, will transmit infor­ or specified commands will be trans­ ment; equipment of a protective nature mation copies of all approved requests ferred by the JCS to their respective (such as m a sk s, he 1 m e t s , armored for Group One and Two resources to the military departments, when directed by vests) and other equipment not included General Counsel of' the DoD and the the DoD Executive Agent. (Such re­ in Group One or Two (such as clothing, Deputy Attorney General of the United sources will revert to the unified or communications equipment, search States. specified commands, when directed by lights); and the use of DoD facilities. the DoD Executive Agent.) (b) Approval of requests. (1) Requests (3) In addition, a weekly summary re­ (2) The DoD Executive Agent is dele­ for Group One resources may be granted port of all requests will be compiled by gated the authority to exercise, through only with the personal approval of the the DoD Executive Agent, showing ac­ the Chief of Staff, U.S. Army, the direc­ Dod Executive Agent or, when designated tions taken (approved, denied, or pend­ tion of those forces assigned or com­ by him for that purpose, the Under Sec­ ing) and submitted to the General mitted to him by the military depart­ retary of the Army. Counsel of the DoD, the Assistant Sec­ ments. (2) Requests for Group Two resources retary of Defense (Installations and (b) In the event of civil disturbances may be granted only with the personal Logistics), and the Deputy Attorney outside the CONUS, the DoD Executive approval of the DoD Executive Agent; General of the United States. Negative Agent is delegated the authority to or, when designated by him for that pur­ summary reports are required. exercise, through the commander (s) pose: (i) The Under Secretary of the § 187.10 Funding. designated by the JCS, the direction of Army; (ii) a task force commander em­ those forces assigned or committed to (a) The Assistant Secretary of De­ ployed at an objective area dpring a civil fense (Comptroller) will issue imple­ the commanders of unified or specified disturbance or (iii) a commander, in the commands. menting instructions including related event of an actual civil disturbance, spe­ reporting requirements to provide for (c) At objective areas, designated cifically designated to implement a con­ task force commanders will exercise financing costs associated with civil tingency plan approved by the DoD Ex­ disturbance operations, to include re­ operational control over all military ecutive Agent. forces assigned for employment in the imbursement of military department (3) Requests for Group Three re­ expenditures as appropriate. event of civil disturbances. sources may be granted by Secretaries of the military departments, by CINCs of (b) Military assistance (Group One, § 187.8 Organization and administra­ Two, and Three resources) provided to tion. unified and specified commands for areas outside the CONUS, or by commanders civil authorities, under the provisions of § 187.9, will be on a reimbursable or re- (a) A DoD Civil Disturbance Steeringof military service installations or or­ Committee will be established to provide ganizations who have been delegated claimable basis as appropriate. advice and assistance to the DoD Execu­ tive Agent concerning civil disturbance such authority by the appropriate Sec­ § 187.11 Implementation. matters. The Committee Chairman will retary or CINC. (a) Military department, JCS, and oe the Under Secretary of the Army. •(c) Denial of requests. (1) Requests Defense agency directives, instructions, Members will include: for Group One, Two, or Three resources or plans for the use of military resources may be denied at any level in the chain Deputy Attorney General of the United in the event of civil disturbances will be States. of command, down to and including revised within 30 days from the date of Assistant Secretaries of Defense for Adminis- commanders delegated Group Three ap­ this part: (i) To agree with the pro­ tration and Public Affairs, proval authority. visions of this part, and (ii) to conform general Counsel of the DoD. (2) To the maximum extent practica­with the policies and guidance promul­ under Secretaries of the Navy and Air Force. ble, local military authorities will en­ gated by the DoD Executive Agent.

No. 124-----3 FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 9 3 4 2 RULES AND REGULATIONS

(b) Implementing directives, instruc­ has its account to (1) the appropriate (6 ) Office handling of files under tions, or plans revised or developed by Federal Reserve Bank or branch, or (2) court subpoena. DoD components under assignment the Cash Division, Office of the Treasurer (i) When the file is in the office served with the herein will be furnished to the DoD Exec­ of the United States, Department of the subpoena______$3. 00 utive Agent for review. Treasury, if that commercial bank is (ii) When the file must be (c) The Secretary of the Army, as located in the District of Columbia. The shipped from a dif­ DoD Executive Agent, will: payment voucher will be reviewed for ferent geographical (1) DevelQp terms of reference, in compliance herewith and the payment atea to the office conformity with the DoD policies set charged to the general account of the served with the sub- forth herein, prescribing responsibilities, Treasurer of the United States. The p o e n a ______10.00 functions, and procedures for the DoD amount of each payment voucher paid * * * * * Civil Disturbance Steering Committee under this regulation shall constitute (1) Department, staff office, and field and the Directorate of Civil Disturbance payment to the recipient organization station heads are authorized to desig­ Planning and Operations. by the United States. nate employees to certify copies of (2) Submit such terms of reference * * * * * records and papers furnished under the to the Secretary of Defense for approval (f) Disposition. Letters of credit, to­provisions of paragraph (a) of this within 30 days from the date of this part. gether with related signature cards, shall section. Effective date. This part is effective im­ be transmitted to the Bureau of Accounts, (72 Stat. 1114; 38 U.S.C. 210) Department of the Treasury, Washing­ mediately. This VA regulation is effective the date M aurice W . R oche, ton, D.C. 20226, for transmittal to the Director, Correspondence and appropriate Federal Reserve Bank or of approval. Directives Division, OASD branch, or the Cash Division, Office of Approved: June 20,1968. (Administration). the Treasurer of the United States, and a copy of the letter of credit shall be By direction of the Administrator. [F.R. Doc. 68-7521; Filed, June 25, 1968; 8:45 a.m.] furnished to the recipient organization. [ seal] A. H. M onk, A recipient organization shall not sub­ Acting Deputy Administrator. mit, and a Federal Reserve Bank or [F.R. Doc. 68-7559; Filed, June 25, 1968; branch, or the Cash Division, shall not 8:48 a.m.] Title 31— MONEY AND charge the account of the Treasurer of the United States for, any payment FINANCE: TREASURY voucher which exceeds the balance of PART 2— DELEGATIONS OF the letter of credit remaining available, AUTHORITY Chapter II— Fiscal Service, Depart­ or which does not contain the signature Certification of Copies of Records ment of the Treasury and, if required, countersignature o f the and Papers SUBCHAPTER A— BUREAU OF ACCOUNTS individuals authorized to sign the pay­ ment voucher. Section 2.50 is revised to read as PART 205— WITHDRAWAL OF CASH follows: FROM THE TREASURY FOR AD­ (5 U.S.C. 301) VANCES UNDER FEDERAL PRO­ § 2.50 Department, staff office, and field Effective date. This amendment shall station heads are authorized to des­ GRAMS be effective on July 1, 1968. ignate employees to certify copies of Letter-of-Credit Method of Financing Dated: June 20, 1968. records and papers in the custody of the Veterans Administration. Advances [ seal] J o h n K . C arlock, Fiscal Assistant Secretary. This delegation of authority is iden­ As a matter of convenience for banks tical to § 1.526(1) of this chapter. in the District of Columbia which main­ [F.R. Doc. 68-7562; Filed, June 25, 1968; tain accounts for public or private or­ 8:48 a.m.j By direction of the Administrator. ganizations receiving advances under [ seal] A. H. M onk, Federal grant or other programs, and Acting Deputy Administrator. to authorize the Cash Division, Office of the Treasurer, to make payment on pay­ Title 38— PENSIONS, BONUSES, [F.R. Doc. 68-7560; Filed, June 25, 1968; ment vouchers issued by such organiza­ 8:48 a.m.] tions, the Treasury Department finds AND VETERANS’ RELIEF that it is necessary to amend its regula­ Chapter I— Veterans Administration tions at 31 CFR Part 205 which govern withdrawal of cash from the Treasury PART 1— GENERAL PROVISIONS Title 43— PUBLIC LANDS: for advances under such programs. The Department also finds, in accord with Copies of Records and Papers INTERIOR 5 U.S.C. 553, that notice and public In § 1.526, paragraphs (i) and (1) are Chapter II— Bureau of Land Manage­ procedure thereon are not necessary amended to read as follows: since the amendments involve matters ment, Department of the Interior § 1.526 Copies of records and papers. relating to grants. . APPENDIX— PUBLIC LAND ORDERS Accordingly, paragraphs (d) and (f), * * * * * [Public Land Order 4455] § 205.4, Subchapter A, Chapter II of Title (i) Schedule of fees: [Montana 6712] 31 of the Code of Federal Regulations (1) Typewritten pages, each page are amended to read as follows: or fraction thereof______$1.50 MONTANA § 205.4 Letter-of-credit method of (2) Photocopy reproductions from Extension of Boundaries of Lewis financing advances. all types of copying proc­ esses. Each reproduced page- . 25 and Clark National Forest * * * * * (3) Certification ______- .5 0 (d) Drawdowns. Recipient organiza­ Seal, including certification— .50 By virtue of the authority vested in the tions shall draw on letters of credit by (4) Searching, per hour (minimum President by section 13 of the act of issuing a payment voucher, Form TUS charge one-half hour)_____ 3. 00 June 28, 1934 (48 Stat. 1274; 43 U.S.C. 5401. Each payment voucher, bearing the (6 ) Abstracts or copies of medical and dental records which are 315-1), and section 1 of the act of signature and, if required, the counter- furnished by Veterans Ad­ July 20, 1939 (53 Stat. 1071; 16 U.S.C. signature of the individuals so author­ ministration hospitals and 471b), and pursuant to Executive Order ized by the recipient organization, shall outpatient clinics to insur­ be forwarded through the commercial ance companies. Per re­ No. 10355 of May 26, 1952 (17 F.R. 4831), bank in which the recipient organization quest ______- ____ 4.00 it is ordered as follows:

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 RULES AND REGULATIONS 9 343

The boundaries of the Lewis and Clark It is further ordered, That this pro­ ject to plant retirement accounting is National Forest are hereby extended to ceeding is hereby terminated. worn out, lost, sold, destroyed, aban­ doned, surrendered upon lapse of title, include the following described public Adopted: June 19, 1968. lands and, subject to valid existing becomes permanently unserviceable, is rights, the lands are hereby added to Released: June 21,1968. withdrawn, or for any other reason is and made a part of the said national (Secs. 4, 220, 48 Stat., as amended 1066, retired from service, the amount in the forest and hereafter shall be subject to 1078; 47 UJS.C. 154, 220) plant accounts applicable to that item all laws and regulations applicable shall be credited to the appropriate plant F ederal C ommunications accounts, and the retirement entry shall thereto: C o m m is s io n ,1 - Principal M eridan refer to the source (or to the supporting [seal] B en F. W aple, records showing the source) in the con­ T. 11 N., R. 18 E„ Secretary. tinuing property record from which the Sec. 18, NEy4NWy4. I. Part 31—Uniform System of Ac­cost was obtained. (Note also paragraph The tract described contains 40 acres counts for Class A and Class B Telephone (e) of this section.) in Fergus County. Companies is amended as follows: (b) Depreciable telephone plant: For H arry R . A nderson, 1. In §31.100:2, paragraph (a) is the purpose of avoiding undue refine­ Assistant Secretary of the Interior. amended to read as follows: ment in accounting for the replacement of small items of property, the account­ June 20, 1968. § 31.100:2 Telephone plant under con­ ing for retirements and replacements of [P.R. Doc. 68-7524; Filed, June 25, 1968; struction. depreciable telephone plant shall be as 8:45 a.m.j (a) This- account shall include the follows: original cost of construction of telephone ÿ * * * * plant, other than station apparatus and (2) Minor items: This group includes station connections, that is not completed any part or element of plant, other than Title 47— TELECOMMUNICATION ready for service. It shall include in­ station apparatus and station connec­ Chapter I— Federal Communications terest during construction, taxes during tions, which is not designated as a re­ construction, and all other elements of. Commission tirement unit. The original cost of any cost of such construction work. (Note minor item of property retired and not [Docket No. 18123; FCC 68-644] also §§ 31.2-20 to 31.2-22 and account replaced shall be credited to the plant 231.) account and charged to account 171 PART 31— UNIFORM SYSTEM OF AC­ * * ♦ . * * COUNTS FOR CLASS A AND CLASS (note also paragraph (b) of the text of 2. In § 31.2-25, paragraphs (a) and (b) that account), except that if the original B TELEPHONE COMPANIES (2) are amended to read as follows: cost of a minor item of property is in­ PART 33— UNIFORM SYSTEM OF AC­ § 31.2—25 Telephone plant retired. cluded in the specific or average cost for COUNTS FOR CLASS C TELEPHONE a retirement unit of which the minor (a) To the end that the telephone item is a part or is included in the costs COMPANIES plant accounts (note §§ 31.2-20 and 31.2- for various retirement units to which the 21) shall at all times disclose the original minor item is common, no separate Continuation of Property Records, Re­ cost of all property in service, the original tirement Units, Plant Accounting, credit to the telephone plant account is cost of retired property, whether re­ required when such a minor item is re­ and Units of Property placed or not (except as provided in tired. If minor items of property are Order. In the matter of amendment paragraph (b) (2) of this section and in replaced (apart from the retirement unit of Part 31 of the Commission’s rules account 231), shall be credited to the of which they form a part or with which relating to continuing property records, account or accounts in this classification they are associated) no retirement entry retirement units, and plant accounting; to which such cost was charged. Nor­ shall be made. The cost of the replace­ also amendment of Part 33 of the Com­ mally, these retirement credits with re­ ment shall be charged to the account ap­ mission’s rules relating to units of spect to such plant as entire buildings, propriate for the cost of repairs of the property; Docket No. 18123 (RM-1203), entire central offices, large private property, except that if the replacement (RM-1215), (RM-1241). branch exchanges, all plant abandoned, effects a substantial betterment (the and any large sections of plant with­ primary aim of which is to make the 1. On April 10, 1968, the Commission drawn from service with knowledge that adopted a notice of proposed rule making property affected more useful, of greater they will not be physically removed dur­ durability, of greater capacity, or more In the above matter. This notice was ing the following mdnth shall be entered published in the F ederal R egister on economical in operation) the excess cost in the accounts for the month in which of (i) such a replacement over (ii) the April 17, 1968 (33 F.R. 5585). use of the property ceased and no later 2. The time for filing comments with estimated cost at the then current prices than the next succeeding month with of replacing without betterment the respect to this matter has expired and respect to other plant: Provided, That the only comments received were from minor items being retired, shall be when literal compliance with this provi­ charged to the appropriate telephone the GT&E Service Corp. on behalf of the sion for timing of entries with respect to plant account. General System Companies favoring the the property amounting to less than * * * * * amendments set forth in the notice of $10,000 retired under any one project Proposed rule making. would involve an unreasonable amount 3. In § 31.2-26, paragraph (a) is 3. The amendments herein being of recordkeeping and estimating of amended to read as follows: adopted are exactly the same as those quantities, original costs, and salvage, § 31.2—26 Continuing property record indicated in the notice of proposed rule such entries may be deferred until phys­ required. making with respect to this matter. ical removal of the property or decision (a) Not later than June 30 of the first It is ordered, Under authority con­ to abandon it in place if there is assur­ year following that in which a company tained in sections 4(1) and 220 of the ance that such removal or decision will has annual operating revenues in excess Communications Act of 1934, as not be unduly delayed. Every company of $1 million, it shall file with the Com­ amended, that Part 31, Uniform Sys­ shall, therefore, take (such measures and mission two copies of a complete plan of tem of Accounts for Class A and Class establish such procedure as will insure the method to be used in the compilation B Telephone Companies, and Part 33, strict compliance with these require­ of a continuing property record with Uniform System of Accounts for Class ments. When any item of property sub- respect to each class of property for c Telephone Companies, are amended which such records are hereinafter pre­ as set forth below, effective January 1, 1 Commissioner Loevinger not participat­ scribed. The plan shall include a list of 1969. ing; Commissioner Johnson absent. the property-record units proposed for

FEDERAL REGISTER, V O L 33, NO. 124— WEDNESDAY, JUNE 26, 1968 9 3 4 4 RULES AND REGULATIONS use under each plant account. A narra­ changing the type of equipment or its counting areas, to be accompanied by de­ tive statement shall accompany the list method of operation, the material installed scriptions of the boundaries of each area. of proposed property-record units, de­ and retired and the labor and incidental Description of proposed major changés in scribing in detail the content and method costs involved in replacing the minor items accounting areas, such as consolidation, sub­ shall be handled through the telephone division, addition or elimination of areas of maintenance of all forms and other plant and depreciation reserve accounts. shall be submitted in duplicate to the Com­ records which are designed for use in c. The list of retirement units for accounts mission 30 days in advance of the proposed compiling the continuing property rec­ 242:1, 242:2, 242:3 and 242:4 is amended to effective dates of such changes. ord, to the end that a ready analysis with read as follows: 2. Property record units, (a) In each of respect to the sufficiency thereof may be 242:1 Aerial Cable; 242:2 Underground the established accounting areas, the “prop­ made. In preparing this narrative state­ Cable; 242:3 Buried Cable; 242:4 Sub­ erty-record units” (in terms of which the ment, the company shall include typical marine Cable continuing property record is to be main­ tained) shall be set forth separately, classi­ examples indicating the use of, and rela­ Two continuous spans or more of cable,, tionship between, the various forms and fied by size and type and with the amount with or without associated distribution ter­ of original cost (or other appropriate book records. Each company shall submit to minals, suspension strand, clamps, lashing, cost) associated with such units. When a the Commission two copies of any pro­ etc. (The term “span” shall include a length list of property-record units has been ac­ posed basic changes in its continuing of cable from a Y splice not located at a pole cepted by the Commission, the property- property-record plan at least thirty days to a pole or building.) record units set forth therein shall become before the effective date of the proposed A section or run of cable, with or without the property-record units referred to in associated elements and parts, as follows: this statement of standard practices. When changes. (1) Between a manhole, handhole, or * * * * * it is found necessary to revise this list be­ service box and a pole, building, fence, wall, cause of the addition of units used in pro­ § 31.8 [Amended] or the junction with house cable. viding new types of service, or new units (2) Between manholes, handholes, or resulting from improvements in the art, or 4. Section 31.8 is amended as follows: service boxes; or between an office cable because of the grouping or elimination of ’ a. The introductory text is amended vault and an office manhole. units which no longer merit separate to read as follows: (3) Between a cable vault or an office recognition as property-record units, two (a) The list of retirement units manhole and the main frame, the main frame copies of such changes shall be submitted to prescribed in paragraph (c) of this sec­ terminating cables, or the frame mounted the Commission. Upon appropriate showing tion shall (except as provided in para­ connector stub. by the company, the Commission may specif­ graph (b) of this section) be used in con­ (4) A section of buried cable 300 feet or ically exempt the company from the filing nection with the accounting provided in more in length, or any section of buried provisions of the preceding sentence. cable between manholes, splicing boxes, ***** §§ 31.2-24 and 31.2-25, except that any pedestals, poles, or buildings. company may use smaller units which (d) The continuing property record shall (5) All of a continuous run of one size of reveal the location, the essential details of are subdivisions of the units listed house cable. (“All of a continuous run of provided its practice in this respect is construction, and the cost of each type of one size” means a section between splices central office (manual, step-by-step, etc.) consistent. However, the list shall not be other than straight splices.) in each building, and of each large private considered as determining the classifica­ (6 ) All of a continuous run of one size branch exchange. Because of the small num­ tion of the telephone plant involved. Any of block cable, i.e., cable attached to build­ ber of interim retirements and the com­ company having annual operating rev­ ings, walls, or fences. (“All of a continuous paratively small amounts involved therein, enues exceeding $1 million which elects run of one size” means a section between unless such annual retirements become at to exercise its option of using smaller splices other than straight splices.) least 25 percent of the balance at the be­ units than those prescribed in paragraph (7) All of a submarine cable for one cross­ ginning of the year with respect to any cen­ (c) hereof shall notify the Commission ing; or a section of submarine cable 300 feet tral office, the cost of each central office 30 days before (1) commencing such or more in length. need not be broken down into the individual use, (2) making any change therein, or (8 ) A section of underground dip cable retirement units of which it is composed. between poles and/or buildings, or the appro­ Further, the cost of an office from which (3) discontinuing such use. priate units listed above. annual interim retirements of 25 percent or (b) In lieu of the retirement units Any length of cable connected with but more were made need not be broken down prescribed in paragraph (c) hereof with not a part of any unit on this list when re­ to its component retirement units if that respect to a particular account, a com­ placed concurrently with the unit. type of office is not being used in the current pany may, after obtaining specific ap­ Terminating cables: All of the cables and installation of new wire centers. The con­ proval by the Commission, establish forms used for terminating one cable. tinuing property record and other underlying and maintain its own list of retirement A complete cross-connecting cable termi­ records of construction cost shall be so nal, protected or unprotected, with or with­ maintained that, upon any retirement of units for a portion or all of the plant in out associated balcony, pole seat, etc. one or more retirement units (or of minor any such account. The considerations A pressure contactor terminal, with or items without replacement when not in­ underlying the selection of items as without contactor. cluded in the costs of retirement units), the retirement units and a list of representa­ A complete house terminal, protected or actual cost or a reasonable accurate estimate tive retirement units shall be submitted unprotected, including frame type. of the cost of the plant retired can be for Commission approval. An up-to-date A complete video terminal. determined. list of such retirement units shall be A complete coaxial terminal. ***** A submarine cable hut or house. maintained in each accounting area. This H. Part 33—Uniform System of Ac­ list shall be available for inspection at A submarine cable anchorage. A submarine cable terminating frame. counts for Class C Telephone Companies any time. A case of equipment, such as loading coils, is amended as follows: (c) Except as provided in paragraphs building-out capacitors, carrier line filters, or In § 33.81, the note following the list (a) and (b) of this section, each com­ auto-transformers. pany shall use the following list of An air dryer. of units of property for account 1021 and retirement units: the list of units of property for account 5. In Appendix B to Part 31, sections 11045 are amended to read as follows: * * * * * and 2 are amended to read as follows: § 33.81 Units of property. b. The note following the list of retire­ Appendix B * * * * * ment units for account 221 is amended to read as follows: STANDARD PRACTICES FOR THE ESTABLISHMENT Central Office Equipment (Account 1021) AND MAINTENANCE OF CONTINUING PROPERTY ***** 221 Central Office Equipment RECORDS BY TELEPHONE COMPANIES HAVING INVESTMENT IN ACCOUNT 100 :i , “ TELEPHONE Note: When a substantial expenditure is * * * * * PLANT IN SERVICE,” IN EXCESS OF $40 MILLION incurred in the replacement of minor items Note: When, a substantial expenditure is that are parts of retirement units in a cen­ incurred in the replacement of minor items 1. Accounting areas. * * * tral office or at a large private branch ex­ that are parts of retirement units in a cen­ (b) Not later than June 30, following thechange (apart from the replacement of the tral office or at a large private branch ex­ year in which a company’s investment in retirement units with which their cost is change (apart from the replacement of the account 100:1, “Telephone plant in service,*' associated) for the purpose of improving or retirement units with which their cost is exceeded $40 million, there shall be filed with changing the type of equipment or us associated) for the purpose of improving or the Commission two copies of a list of ac­ method of operation, the material installed

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 RULES AND REGULATIONS 934 5 and retired and the labor and incidental (3) Between a cable vault or an office Any length of cable connected with but costs involved in replacing the minor items manhole and the main frame, the main frame not a part of any unit on this list when re­ shall be handled through the telephone terminating cables, or the frame mounted placed concurrently with the unit. plant and depreciation reserve accounts. connector stub. Terminating cables: All of the cables and ***** (4) A section of buried cable 300 feet or forms used for terminating one cable. more in length, or any section of buried cable A complete cross-connecting cable termi­ Poles Conduit, Cable, and W ire (A ccount between manholes, splicing boxes, pedestals, nal, protected or unprotected, with or with­ 1045) poles, or buildings. out associated balcony, pole seat, etc. * * * * * (5) All of a continuous run of one size of A pressure contactor terminal, with or Cable: house cable. (“All of a continuous run of without contactor. Two continuous spans or more of cable, one size” means a section between splices A complete house terminal, protected or with or without associated distribution other than straight splices.) unprotected, including frame type. terminals, suspension strand, clamps, lash­ (6 ) All of a continuous run of one size A complete video terminal. ing, etc. (T he term “span” shall include of block cable; i.e., cable attached to build­ A complete coaxial terminal. a length of cable from a Y splice not located ings, walls, or fences. (“All of a continuous A submarine cable hut or house. at a pole to a pole or building.) run of one size” means a section between A submarine cable anchorage. A section or run of cable, with or without splices other than straight splices.) A submarine cable terminating frame. associated elements and parts, as follows: A case of equipment, such as loading coils, (1) Between a manhole, handhole, or (7) All of a submarine cable for one cross­ ing; or a section of submarine cable 300 feet building-out capacitors, carrier line filters, service box and a pole, building, fence, wall, or auto-transformers. or the junction with house cable. or more in length. (2) Between manholes, handholes, or (8 ) A section of underground dip cable ***** service boxes; or between an office cable vault between poles and/or buildings, or the appro­ [F.R. Doc. 68-7582; Filed, June 25, 1968; and an office manhole. priate units listed above. 8:50 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 124—-WEDNESDAY* JUNE 26. 1968 9 3 4 6

Proposed Rule Making

written and oral communications of data, ceedings promptly after the last oral DEPARTMENT OF LABOR views, or argument are invited, as herein presentation and certify the record to the provided, on the following issues: Assistant Secretary of Labor for Labor- Office of Labor-Management and 1. Whether banks and trust companies Management Relations for such amend­ Welfare-Pension Reports subject to State regulation should as a ment to 29 CFR 464 as may to him seem [ 29 CFR Part 464 1 class retain their present exemption from appropriate. the WPPDA bonding requirement in light of the criteria set forth in section 13 (e), Signed in Washington, D.C., this 14th EXEMPTIONS FROM BONDING day of June 1968. REQUIREMENTS WPPDA, 29 U.S.C. 308d(e) ? 2. Whether banks and trust companies T h o m a s R . D onahue, Investment Advisers and Banks and subject to State regulation should as a Assistant Secretary of Labor Trust Companies class retain their present exemption from for Labor-Management Relations. the WPPDA bonding requirement in light Section 13(a) of the Welfare and Pen­ [F.R. Doc. 68-7525; Filed, June 25, 1968; of the criteria in section 13(e), WPPDA, 8:45 a.m.] sion Plans Disclosure Act, hereinafter 29 U.S.C. 308d(e) ? referred to as WPPDA, 29 U.S.C. 308d 3. Whether investment advisers regis­ (a), requires that every administrator, tered with and regulated by the Securi­ officer and employee of a benefit plan ties and Exchange Commission pursuant DEPARTMENT OF HEALTH, EDU­ subject thereto who handles funds of a to the Investment Advisers Act of 1940, plan or other plan property be bonded 15 U.S.C. 80b and subject to 29 CFR Part as thérein provided. Pursuant to au­ 464 should as a class be granted an CATION, AND WELFARE thority in section 13(e), WPPDA, 29 exemption from the WPPDA bonding re­ Social and Rehabilitation^Service U.S.C. 308d(e), the Secretary of Labor quirement in light of the criteria in sec­ has promulgated regulations defining tion 13(e), WPPDA, 29 U.S.C. 308d(e) ? [ 45 CFR Part 203 1 the terms “administrator, officer and For further information pertinent to employee” and “handles” (29 CFR 464.4 the above issues, interested persons may AID TO FAMILIES WITH DEPENDENT and 464.7). By the terms of these defini­ consult the documents on file in connec­ CHILDREN tions, personnel of banks, trust com­ tion with the petition of Fiduciary Coun­ Deprivation of Parental Support or panies and investment advisers are sub­ sel, Inc., in the Office of Labor-Manage­ ject to the bonding requirement when ment and Welfare-Pension Reports as Care they handle funds of a plan or other well as the decision of the U.S. Court of Notice is hereby given that the regu­ plan property. Section 13(e) also gives to Appeals, District of Columbia Circuit, in lations set forth in tentative form below the Secretary authority to exempt a plan Fiduciary Counsel, Inc. v. Wirtz, 383 are proposed by the Administrator, Social from the bonding ^requirement when, in F. 2d 203 (1967), cert, denied, 389 U.S. and Rehabilitation Service, with the ap­ his opinion, it is demonstrated that “fi­ 1005, 88 S. Ct. 563 (1967). proval of the Secretary of Health, Educa­ nancial responsibility” , or “ other bond­ Persons interested in the above stated tion, and Welfare. The proposed regula­ ing arrangements” would adequately issues are invited to submit written data, tions relate to the basis for determining protect thé beneficiaries and partici­ views, or argument by mail to the Direc­ whether a child is deprived of parental pants. tor, Office of Labor-Management and support or care as a condition for ap­ Since 1962 banks and trust companies Welfare-Pension Reports, U.S. Depart­ proval of a State plan under section 402 have been exempted from the bonding ment of Labor, Room 801, 8701 Georgia of part A of title IV of the Social Security requirement (see 29 CFR 464.4(e)(1)) Avenue Silver Spring, Md. 20910 by Au­ Act (42U.S.C. 602). on the basis of the Secretary’s deter­ gust 2, 1968. Such statements will be of­ Prior to the adoption of the proposed mination that due to pervasive federal fered in evidence at the oral proceedings regulations, consideration will be given and state banking regulations, such referred to below. Any such statements to any comments, suggestions, or objec­ institutions meet the tests of section 13 which have not been received by August tions thereto which are submitted to (e) referred to above. Investment ad­ 2,1968 may be submitted when oral testi­ writing to the Administrator, Social and visers subject to the Investment Ad­ mony is received. / Rehabilitation Service, Department of visers Act of 1940, 15 U.S.C. 80b, must Opportunity will be provided for inter­ Health, Education, and Welfare, 330 In­ register with and are regulated by the ested persons to make oral presentation dependence Avenue SW., Washington, Securities and Exchange Commission of data, views, or argument on the same D.C. 2020i, within a period of 30 days purusant to 15 U.S.C. 80b-ll(a) (See 17 issues before John Mealy, af Hearing from the date of publication of this CFR Parts 275 and 276), but the Secre­ Examiner appointed pursuant to 5 U.S.C. notice in the F ederal R egister. tary of Labor has heretofore regarded 3105 (Supp. II, 1965-66) in conference such regulation as being insufficient, in The proposed regulations are to be is­ room 112 of the U.S. Department of La­ sued under the authority contained in light of the criteria in section 13(e), bor, Main Building, 14th Street and Con­ WPPDA, to justify an exemption from section 402, 49 Stat. 627, section 1102, 49 stitution Avenue NW., Washington, D.C., Stat. 647; 42 U.S.C. 602,1302. bonding for investment advisers han­ commencing at 10 a.m., August 12, 1968. dling plan funds. All those making oral presentations Dated: June 18,1968. In litigation arising from the Secre- shall be subject to cross-examination by [ seal] M ar y E. S w itzer ,. try’s denial of a petition submitted by all others participating including counsel Administrator, Social and Fiduciary Counsel, Inc., a New York in­ for the Government. The Hearing Exam­ Rehabilitation Service. vestment adviser, for an exemption from iner shall govern the course of the pro­ the bonding requirement, questions have ceeding, confine presentations to relevant Approved; June 20,1968. been raised relating to the premises on matters, govern the content of the record W ilbur J. C ohen which the present position regarding and see that the proceedings are steno- Secretary. both banks and trust companies and in­ graphically reported and transcripts vestment advisers has been based. Ac­ made available to persons participating Chapter II of Title 45 of the Code of cordingly, pursuant to authority in sec­ on payment of the fees therefor. The Federal Regulations is amended by add­ tion 13(e), WPPDA and 29 CFR 465.9, Hearing Examiner shall close the pro­ ing a new Part 203, as follows:

FEDERAL REGISTER, V O L 33, NO. 124— WEDNESDAY, JUNE 26, 1968 PROPOSED RULE MAKING 9 3 4 7

PART 203— DEPRIVATION OF PA­ planes. Cracks in the lower part of Bulletin No. 205B20, dated March 22, 1968, or later RAI-approved revision or an FAA- RENTAL SUPPORT OR CARE fuselage frame No. 2 and cracks and deformation of the stringers of the fuse­ approved equivalent. §203.1 Condition o f plan approval; lage belly skin at the outboard rudder Issued in Washington, D.C., on June bases for determining eligibility of pedal support tube brackets have been 18,1968. a child. found. Since this condition is likely to R . S . S l if f , (a) A State plan for aid and services to exist or develop in other airplanes of the Acting Director, needy families with children under part same type design, the proposed AD would Flight Standards Service. A of title TV of the Social Security Act, require inspection and modification of [F.R. Doc. 68-7537; Filed, June 25, 1968; to be approved under section 402 of such these frame and stringer parts. 8:46 a.m.] Act (42 U.S.C. 602), must provide that Interested persons are invited to par­ the determination whether a child has ticipate in the making of the proposed been deprived of parental support or care rule by submitting such written data, [1 4 CFR Part 39 1 views, or arguments as they may desire. by reason of the death, continued absence [Docket No. 8961] from the home, or physical or mental in­ Communications should identify the capacity of a parent, or (if the State plan docket number and be submitted in AIRWORTHINESS DIRECTIVES includes such cases) the unemployment duplicate to the Federal Aviation Admin­ of his father, will be made only in rela­ istration, Office of the General Counsel, SIAI-Marchetti Model S.205—22/R tion to the child’s natural or adoptive Attention: Rules Docket, 800 Inde­ Airplanes parent, or in relation to a child’s step­ pendence Avenue SW., Washington, D.C. 20590. All communications^received on or The Federal Aviation Administration parent who is ceremonially married to is considering amending Part 39 of the the child’s natural or adoptive parent and before July 29, 1968, will be considered by the Administrator before taking Federal Aviation Regulations by adding is legally 'obligated to support the child an airworthiness directive (AD) appli­ under State law of general applicability aqtion upon the proposed rule. The pro­ cable to SIAI- Marchetti S.205-22/R which requires stepparents to support posals contained in this notice may be changed in the light of comments re­ airplanes. Limitation markings on the stepchildren to the same extent that nat­ suction gage instrument, SIAI P/N ural or adoptive parents are required ceived. All comments will be available, both before and after the closing date NS5F017, located on the right side of the to support their children. instrument panel have been found to be (b) The inclusion in the family, or the for comments, in the Rules Docket for examination by interested persons. incorrect on certain of the airplanes presence in the home, of a “substitute initially delivered. The proposed AD parent” or “man-in-the-house” or any This amendment is proposed under the would require the correction of the limi­ individual other than one described in authority of sections 313(a), 601, and 603 of the Federal Aviation Act of 1958 (49 tation markings and the resetting of the paragraph (a) of this section is not an instrument to the proper limitations. acceptable basis for a finding of ineli­ U.S.C. 1354(a), 1421, and 1423). In consideration of the foregoing, it Interested persons are invited to par­ gibility or for assuming the availability ticipate in the making of the proposed of income by the State. is proposed to amend § 39.13 of Part 39 rule by submitting such written data, (c) Any State whose past policies and of the Federal Aviation Regulations by adding the following new airworthiness views, or arguments as they may de­ procedures with respect to the deter­ sire. Communications should identify mination referred to in paragraph (a) of directive: the docket number and be submitted in this section have been inconsistent with Sia i-M archetti. Applies to model S.205/22R duplicate to the Federal Aviation Ad­ the provisions in paragraph (a) or (b) airplanes, Serial Nos. 213, 370, 371, 372, ministration, Office of the General of this section must provide for making 373, 374, 378, 379, 380, 381, 382, 384, 385, Counsel, Attention: Rules Docket, 800 prompt written notification to all per­ 386, 387, 388, 389, 390, 392, 393, 394, 395, 396, 398, 4-124, 4^125, 4-132, 4-142, 4-143, Independence Avenue SW., Washing­ sons who have been deprived of benefits 4-145, 4-146, 4-147, and 4-148. ton, D.C. 20590. All communications re­ Within two years prior to the effective Compliance required as indicated, unless ceived on or before July 29, 1968, will be date of the regulations in this part by already accomplished. considered by the Administrator before reason of such inconsistent policies and To detect cracks in the lower part of fuse­ taking action upon the proposed rule. procedures. Such notification must be lage frame No. 2, at the rudder control bell- The proposals contained in this notice given within 90 days of publication of crank brackets, and to detect cracks and may be changed in the light of com­ the regulations in this part and must ex­ deformation in the stringers of the fuselage ments received. All comments will be plain clearly the rights which such per­ belly skin which are located at the outboard rudder pedal support tube brackets, accom­ available, both before and after the sons have under the regulations in this closing date for comments, in the Rules Part. plish the following: (a) Within the next 10 hours’ time in Docket for examination by interested affective date. The regulations in this service after the effective date of this AD, persons. part shall be effective on the date of their visually inspect, using a lamp and mirror, This amendment is proposed under the lower portion of fuselage frame No. 2 Publication in the F ederal R egister. for cracks and the lower fuselage stringers the authority of sections 313(a), 601, [F.R. Doc. 68-7564; Filed, June 25, 1968; for cracks and deformation in accordance and 603 of the Federal Aviation Act of 8:48 a.m.]~ with SIAI Service Bulletin No. 205B20, dated 1958 (49 U.S.C. 1354(a), 1421, and 1423). March 22, 1968 or later RAI-approved revi­ In consideration of the foregoing, it sion or an FAA-approved equivalent. If no is proposed to amend § 39.13 of Part 39 cracks are found, comply with paragraph (d) of the Federal Aviation Regulations by within the next 100 hours’ time in service DEPARTMENT OF after the effective date of this AD. adding the following new airworthiness (b) If cracks are found during the inspec­ directive: TRANSPORTATION tion required by paragraph (a) none of Sia i-M archetti. Applies to Model S.205-22/R Federal Aviation Administration which exceed 3/16 inch in length, repeat airplanes, Serial Nos. 213, 370, 371, 372, that inspection at intervals not to exceed 20 373, 374, 378, 379, 380, 381, 382, 384, 385, I 14 CFR Part 3 9 ] hours’ time in service from the last inspec­ 386, 387, 388, 389, 390, 392, 393, 394, 395, tion and comply with paragraph (d) within 396,398, 4-124; 4-125. [Docket No. 8960] the next 100 hours’ time in service after the Compliance required within the next 100 effective date of this AD. The repetitive in­ hours’ time in service after the effective date airworthiness d ir e c t iv e s spection required in this paragraph may be of this AD unless already accomplished. discontinued upon compliance with para­ Modify the limitation markings on the SIAI-Marchetti S.205/22R Airplanes graph (d ). suction gage instrument/ SIAI P/N NS5F017, The Federal Aviation Administration is (c) If cracks are found during the inspec­ located on the right side of the instrument considering amending Part 39 of the tion required by paragraph (a) which ex­ panel, by marking a green arc in the range eaerai Aviation Regulations by adding ceed 3/16 inch in length, comply with para­ from 4 inches Hg. to 5. inches Hg. and a red graph (d) before the next flight.' radial line at 5 inches Hg. and adjust the airworthiness directive (AD) appli­ (d) Modify fuselage frame No. 2 and instrument’s suction relief valve so that the cable to SIAI-Marchetti S.205/22R air­ stringers in accordance with SIAI Service suction gage reading is 4.5 ±0 .1 inches Hg.

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 9 3 4 8 PROPOSED RULE MAKING at 2,200 r.pjn., in accordance with. SIAI- 131, 80284-565, and 80284-709, accomplish the population figures are from the U.S. I960 Marchetti Service Bulletin No. 205B21 dated following; Census. May 6 , 1968, or later RAI-Rpproved issue, or (a) Replace the No. 1 forward landing flap 2. RM-1284, Blairstown, Township, an FAA-approved equivalent. Check to insure assembly diaphragm P/Ns 80284-139 and that the suction gage reading does not exceed 80284-140 with new landing flap assembly NJ. (Benjamin J. Friedland); RM-1292, 5 inches Hg. at maximum engine r.p.m. diaphragm P /N s 81084-51 and 81084r-52 in Lexington, Mo. (Lexington Broadcasting Issued in Washington, D.C., on June accordance with British Aircraft Corp. Modi­ Co., Inc.); RM-1294, Knox, Ind. (Kan­ 17, 1968. fication Bulletin No. FG. 2089, dated Janu­ kakee Valley Broadcasting Co., Inc.). In ary 12, 1968, or later ARB-approved issue, or these three cases, interested parties are R . S . S l if f , an equivalent approved by the Chief, Air­ Acting Director, seeking the assignment of a first Class craft Certification Staff, FAA, Europe, Africa, A channel in a community without re­ Flight Standards Service. and Middle East Region. quiring any other changes in the Table. [FJt. Doc. 68-7538; Filed, June 25, 1968; (b) Visually inspect Nos. 2 and 3 forward The communities range in size from 1,797 8:46 ana.] landing flap assembly diaphragms and at­ tachment plates for cracks in accordance to 4,485 in population. They all appear with British Aircraft Corp. Preliminary Tech­ to warrant the requested assignments E14 CFR Part 39 1 nical Leaflet No. 136, Issue 1 (800/810 Series) and so comments are invited on the fol­ or later ARB-approved issue or an FAA-ap- lowing requested additions to the Table: . [Docket No. 8962] proved equivalent. Repeat this inspection at City Channel No. intervals not to exceed 600 landings from AIRWORTHINESS DIRECTIVES the last inspection until the accumulation Blairstown Township, N.J______292A1 of 20,000 landings and thereafter at intervals Lexington, Mo______292A British Aircraft Corp. Viscount Model not to exceed 450 landings from the last Knox, Ind______«______257A 810 Series Airplanes inspection. 3. RM-1283, North Syracuse, N.Y. In The Federal Aviation Administration is (c) If cracks are detected during the in­ a petition for rule making filed March spection required by paragraph (b ), before 28, 1968, WSOQ, Inc., licensee of Station considering amending Part 39 of the Fed­ the next flight, replace the defective parts eral Aviation Regulations by adding an with serviceable parts of the same part WSOQ(AM), North Syracuse, N.Y., re­ airworthiness directive (AD) applicable number. Continue the repetitive inspections quests the assignment of an FM channel to British. Aircraft Corp. Viscount Model required by paragraph (b) for all replace­ to North Syracuse as follows: 810 Series airplanes. There have been ment parts. reported cases of cracking and distortion (d) For the purpose of complying with Channel No. City in the forward landing flap assembly this AD, subject to acceptance by the as­ Present Proposed diaphragms. Since this condition is likely signed FAA maintenance inspector, the num­ to exist or develop in other Model 810 ber of landings may be determined by divid­ ing each airplane’s hours’ time in service North Syracuse, N .Y. Series airplanes, the proposed AD would by the operator’s fleet average^ time from require replacement of the No. 1 forward takeoff to landing for the airplane type. landing flap assembly diaphragm and North Syracuse, located about 5 miles periodic inspection for, and replacement Issued in Washington, D.C., on June 18, north of Syracuse, has a population of of, cracked Nos. 2 and 3 forward landing 1968. 7,412. It is a part of the Syracuse Ur­ flap assembly diaphragms and attach­ R . S . S l if f , banized Area, which has a total popula­ ment plates. Acting Director, tion of 333,286. The Syracuse SMSA has Interested persons are invited to par­ Flight Standards Service. . a population of 563,781. North Syracuse ticipate in the making of the proposed [F.R. Doc. 68-7539; Filed, June 25, 1968; has one local AM station and no FM rule by submitting such written data, 8:46 a.m.] assignments; the AM station, WSOQ, is views, or arguments as they may desire. licensed to the petitioner for daytime- Communications should identify the only operation. Syracuse, with a popula­ docket number and be submitted in du­ tion of 216,038, has been assigned four plicate to the Federal Aviation Adminis­ FEDERAL COMMUNICATIONS Class B channels and one Class A, all of tration, Office of the General Counsel, which are in operation, except for the Attention: Rules Docket, 800 Independ­ COMMISSION Class A channel on which a station is ence Avenue SW., Washington, D.C. under construction. There are seven AM 20590. All communications received on [ 47 CFR Part 73 I stations operating in the Syracuse Ur­ banized Area, consisting of five unlimited or before July 29, 1968, will be con­ [Docket No. 18222; FCC 68-651] sidered by the Administrator before time and two daytime-only stations. taking action upon the proposed rule. FM BROADCAST STATIONS 4. WSOQ states that the proposed assignment of Channel 269A will comply The proposals contained in this notice Table of Assignments; Blairstown may be changed in the light of com­ fully with the technical requirements of ments received. All comments will be Township, N.J., etc. the rules. With respect to the important available, both before and after the In the matter of amendment of § 73.- matter of areas which may be precluded closing date for comments, in the Rules 202, Table of Assignments, FM Broadcast from future FM assignments if the pro­ Docket for examination by interested Stations (Blairstown Township, N.J., posed channel were assigned, the peti­ persons. Lexington, Mo., Knox, Ind., North Syra­ tioner’s engineering study reveals that This amendment is proposed under the cuse, N.Y., Williamsport, Md., Ukiah, Channel 269A would be so involved.2 The authority of sections 313(a), 601, and 603 Calif., and New Castle, Ind.); Docket No. precluded area would include 11 com­ of the Federal Aviation Act of 1958 (49 18222; RM-1283, RM-1284, RM-1285, munities having populations greater U.S.C. 1354-(a), 1421, and 1423). RM-1292, RM-1293, RM-1294, RM-1295. than 2,500. Of these, Watertown (33,306), Oswego (22,155), Fulton (14,261), and In consideration of the foregoing, it is 1. Notice is hereby given of proposed proposed to amend § 39.13 of Part 39 of Baldwinsville, (5,985) presently have one rule making in the above-entitled mat­ or more AM stations and one FM as­ the Federal Aviation Regulations by add­ ters, concerning amendments of the FM ing the following new airworthiness Table of Assignments in § 73.202 (b) of signment each. Solvay (8,732), East directive: the rules. All the proposed assignments B ritish Aircraft. Applies to Viscount Model are alleged and appear to conform to the 1A site for this assignment will have to be 810 Series airplanes. minimum spacing requirements of the selected about 2 m iles north of Blairstown Compliance required within the next 125 rules. All proposed assignments within Township in order to conform to the mini­ landings after the effective date of this AD, mum spacing requirements with Station 250 miles of the United States-Canadian W QAL(FM ), Channel 291, Philadelphia, Pa. or before the accumulation of 10,125 landings, border require coordination with the whichever occurs later. 3 The preclusion area is somewhat greater To prevent cracking or distortion of for­ Canadian Government, under the terms than indicated by the engineering showing ward landing flap assembly diaphragms P/Ns of the Canadian-United States FM since Channel 269(B) was deleted from 80284-139/140, 80284-561/562, and 80284- Agreement of 1947 and the Working Ar­ Ottawa-Hull, Ontario, by Canada on Apr- 4 » 711/712, and attachment plates P/Ns 80284- rangement of 1963. Except as noted, all 1968, subsequent to the date of this petitio

FEDERAL REGISTER, V O L 33, NO. 124— WEDNESDAY, JUNE 26, 1968 PROPOSED RULE MAKING 9 3 4 9

Syracuse (4,708), and Liverpool (3,487), assignments or AM stations in Henry communities, a Class B assignment is each located within the Syracuse Ur­ County. necessary to meet the coverage condi­ banized Area, have no PM assignments, 8. The petitioner submits that New tions and adequately serve the public. but East Syracuse has one daytime-only Castle and its surrounding environs It is submitted that Ukiah is approxi­ AM station. The remaining four com­ have experienced a steady growth in mately 118 miles from San Francisco to munities of Carthage (4,216), Lowville population and industry during the the south and 160 miles from Eureka to (3,616), Camden (2,694), and Clyde 1960’s, and urges that a second FM the north with mountain ranges and (2,693) have neither AM or PM assignment to the area of New Castle, scattered communities to the east and assignments. with an estimated population of over west. The petitioners assert that no FM 5. In support of its request, WSOQ in­ 30,000, would serve the public interest. service is available in the area, except cludes data from various local govern­ It is stated that.the proposed Class A as may be provided by Ukiah-based fa­ mental sources to indicate that the town­ channel is the only channel which could cilities, and that other communities in ship of Clay and Cicero, with a combined be assigned to New Castle meeting all the region are too small to support an population of 32,485, and of which North technical requirements and without in­ FM station. The petitioners urge that Syracuse is a part, are becoming the volving channel changes for at least Class A FM facilities at Ukiah could not fastest growing areas within the Syra­ three operating stations.8 A showing is reach the cities and rural populations in cuse region, whereas the rate of change included with the petition indicating the area because of power and height for the principal city of Syracuse is de­ that the proposed assignment would not limitations. They therefore conclude that creasing. It is contended that the Clay- involve any preclusion area on the six the only practical solution for reliable Cicero Township Area has'a totally in­ adjacent channels. Two small areas are service in the area is by allocation of dependent status and that the separately indicated for the proposed Channel Class B FM facilities to Ukiah. identified communities experiencing in­ 232A, but no communities having popu­ 12. The proponents cite the Commis­ creasing growth and development have lations greater than 1,000 are included sion’s action of partially recognizing the an independent need for radio service within either of these areas. above-described situation by substituting apart from that provided by the Syracuse 9. We are of the view that rule making Class B Channel 233 for Channel 232A stations. Petitioner urges that, since should be instituted on the above pro­ at the request of another FM permittee North Syracuse is presently limited to a posal in order that all interested parties in Ukiah and contend that the instant daytime-only outlet, a fulLtime FM serv­ may submit their comments. Since the proposal would eliminate the problem of ice would offer a much broader range of proposed channel would require a site mixing Class A and B channels in the coverage for the needs and interests of about 5.5 miles outside of New Castle, same community resulting from that the North Syracuse area and would be a comments are invited on the availability action.4 vital source for -dissemination of infor­ of suitable sites from which all the 13. In view of the showing made by mation on public activities, govern­ technical requirements of the rules the petitioners concerning coverage and mental, civic and social affairs. could be met. Comments are also invited advantages that would be attained by 6. While we are not persuaded that on the fact that the proposal would re­ use of a Class B channel we believe that this assignment should be made in view sult in a mixture of Class A and B chan­ we should invite comments on the pro­ of its effect on a possible assignment to nels, a result we have attempted to avoid posal outlined above. Proponents of the a community not within the Syracuse where possible. proposal should indicate areas in which Urbanized Area, we are of the view that 10. RM-1293, Ukiah, Calif. On April 22, the assignment of Channel 277 and the comments should be invited on the pro­ 1968, a petition was filed jointly by six pertinent adjacent channels would be posed assignment of Channel 269A to Daniel S. Cubberly and Elma J. Cub- precluded in the event the proposal were North Syracuse, New York as proposed, berly, requesting substitution of Chan­ adopted. Since the petitioners hold a in order that interested parties may sub­ nel 277 for Channel 228A at Ukiah, Calif., construction permit on Channel 228A mit their views and relevant data. Be­ as follows: for Station KUKI-FM, and because the cause of the significant number of com­ proposal would delete this assignment in munities which would be precluded from Channel No. order to assign Channel 277 there, con­ City assignment of Channel 269A if the pro­ Present Proposed sideration will be given to a modification posal were to be adopted, comments are of the KUKI-FM authorization in the event the proposal is adopted. also requested on the probable future Ukiah, Calif______228A, 233 233,277 availability of other FM channels to 14. RM-1285, Williamsport, Md. Mi­ those communities presently without chael G. Callas, a resident of Hagers­ any local FM assignments. We also invite Ukiah, population 9,900, is the largest town, Md., filed a petition on April 1, counterproposals from interested parties community in Mendocino County, which 1968, for rule making to assign a Class A for assignment of the channel to other has a population of 51,059. Ukiah has two FM channel to Williamsport, Md., as communities located within the above- AM stations, one daytime-only and one follows: described preclusion area. Class IV; petitioners are the licensees, as 7. RM-1295, New Castle, Ind. New joint tenants, of the Class IV. FM Chan­ Channel No. Castle Broadcasting Corp., a potential nel 233 is presently under construction City PM applicant, filed a petition on April and the petitioners hold a construction Present Proposed 24, 1968, requesting the addition of a permit for Channel 228A. Since the peti­ second FM channel to New Castle, Ind., tioners are permittees, an order is also Williamsport, Md______— 1240A as follows: requested to modify the construction permit, BPH-4771, to specify operation 1A site about 2 miles from Williamsport would be required in order to satisfy the spacing requirements of Channel No. on Channel 277. the rules. City 11. In support of the proposed substi­ Present Proposed tution of Channel 277 for 288A, the peti­ Williamsport, population 1,853, is tioners show that the proposal would located in Washington County, popula­ New Castle, Ind. 273 232A, 273 conform to all of the separation require­ tion 91,219, about 6 miles from Hagers­ ments of the rules and could be accom­ town, the county seat, with a population New Castle, Ind., located in Henry plished without any other changes in of 36,660. Williamsport has no local County, has a population of 20,349 the Table. It is claimed that, due to the radio outlet. Washington County has Persons. It is the county seat and largest nature of northern California and the six radio outlets operating: Two Class community in the county, which has a distribution therein of population and IV AM and two Class B FM stations at Population of 48,899. The one existing Hagerstown and a daytime-only AM and PM assignment at New Castle is utilized 3 A transmitter site about 5.5 miles south­ Py Station WCTW-FM, which is licensed east of New Castle would be required in order * Channel 233 was substituted for Channel to the same licensee as is the only AM to meet the separation requirements of 65 232A at Ukiah by Report and Order, RM-1125, station in the community, WCTW(AM), miles from Station WMER(FM), Channel Docket No. 17627, FCC 67-1179, on Oct. 25, unlimited time. There are no other FM 232A, Celina, Ohio. 1967.

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 No. 124------i 9350 PROPOSED RULE MAKING

Class A FM at Halfway. Halfway, with that he determined that need exists for rules, interested parties may file com­ a population of 4,256 persons, is located an additional broadcast outlet in the ments on or before July 30, 1968, and about midway between Hagerstown and area, specifically in Williamsport, and reply comments on or before August 8, Williamsport. that he and his associates are prepared 1968. All submissions by parties to this 15. The petitioner shows that theto file an application for the proposed proceeding or by persons acting in behalf proposed channel will meet the technical channel upon its allocation to Williams­ of such parties must be made in written requirements of the rules if a site is port. comments, reply comments or other ap­ selected between Williamsport and 16. We are of the view that comments propriate pleadings. Hagerstown about 2 miles outside of should be invited on the proposed as­ 19. In accordance with the provisions Williamsport. It is also shown that no signment for Williamsport, Md., in order of § 1.419 of the rules, an original and significant preclusion area would be in­ that interested parties may submit their 14 copies of all written comments, re­ volved on Channel 240A and it is stated views. Because of the proximity of the plies, pleadings, briefs, or other docu­ that adjacent channels would not be proposed community to larger com­ affected in the area, although no show­ munities having one or more FM as­ ments shall be furnished the Commis­ ing supporting the latter statement is signments, comments with supporting sion. furnished. In support of the proposal, data are also requested on the preclusion Adopted: June 19, 1968. the petitioner submits that Williamsport, areas that may result on the pertinent an incorporated city with a mayor- six adjacent channels if Channel 240A Released: June 21, 1968. council form of government, enjoys a were assigned as proposed. F ederal C ommunications significant amount of local industry by 17. Authority for the adoption of the C o m m is s io n ,6 various manufacturers, an engineering amendments proposed herein is con­ [ seal] B çn F. W aple, and research organization, and a large tained in sections 4(i), 303, and 307(b) Secretary. power generating station. The petitioner of the Communications Act of 1934, as [F.R. Doc. 68-7583; Filed, June 25, 1968; estimates the current population of 8:50 a.m.] Williamsport as 2,000, and lists several amended. community social organizations operat­ 18. Pursuant to applicable procedures ing there. It is urged by the petitioner set out in § 1.415 of the Commission’s « Commissioner Johnson absent.

FEDERAL REGISTER, V O L 33, NO. 124— WEDNESDAY, JUNE 26, 1968 9 3 5 1

N otices

thè Acting Maritime Administrator, in DEPARTMENT OF AGRICULTURE Room 4519, General Accounting Office Building, 441 G Street NW., Washington, Packers and Stackyards Administration D.C., at 10 a.m. on July 23, 1968, and a AINSWORTH LIVESTOCK AUCTION ET AL. recommended decision will be issued. Any American-flag carrier by water Notice of Changes in Names of Posted Stockyards having any interest (within the meaning It has been ascertained, and notice is hereby given, that the names of the livestock of section 804) in the foregoing applica­ markets referred to herein, which were posted on the respective dates specified tion and desiring to be heard on the re- below as being subject to tho provisions of the Packers and Stockyards Act, 1921, ferred-to issues pertinent to section 804 as amended (7 U.S.C. 181 et seq.), have been changed as indicated below. must file such request by close of busi­ Original name of stockyard, location, Current name of stockyard and ness on July 12,1968, with the Secretary, and date of posting - date of change in name Maritime Subsidy Board/Maritime Ad­ Nebraska ministration, in writing, in triplicate, stating clearly and concisely the grounds Ainsworth Livestock Auction, Ainsworth, Sept. 6, Ainsworth Livestock Market, Jan. 1, of interest, and the alleged facts relied 1956. 1968. on in support of its position in the mat­ Aurora Livestock Market, Aurora, Oct. 8 , 1966. Aurora Auction Market, Mar. 9, 1968. ter. Notwithstanding any provision of the O k lah om a Maritime^ Subsidy Board/Maritime Ad­ Farmers Livestock Commission Co., Enid, Jan. 4, Enid Livestock Market, Inc., Jan. 1,1968. ministration rules of practice and proce­ 1937. : ■ ' ^ dure (46 CFR Part 201), any request to Selling Sales Association, Selling, Mar. 12, 1956. Selling Sales Association, Inc., Jan. 1, participate in the hearing which is re­ 1968. ceived after the close of business July 12, 1968, will not be entertained in this T exas proceeding. Belton Livestock Auction, Belton, Sept. 10, 1963. Belton Livestock Auction, Inc., Mar. 11, If no requests to participate in the 1968. hearing are received within the specified Childress Livestock Commission Co., Childress, Childress Livestock Auction, Feb. 8 , Nov. 9,1956. 1968. time, or if it is determined that sub­ T exas mitted requests to participate do not demonstrate sufficient interest to war­ Hopkins County Livestock Comm. Co., Sulphur Hopkins County Livestock Commission, rant a hearing, the Acting Maritime Ad­ Springs, Sept. 26, 1962. Jan.20,1968. ministrator will take such action as may Texoma Cattle Company, Whitesboro, Feb. 14, Whitesboro Livestock and Commission be deemed appropriate. 1963. Company, Mar. 14,1968. W yom ing Dated: June 21, 1968. Gillette Livestock, Gillette, May 18,1951. Gillette Livestock Exchange, Sept. 22, By order of the Acting Maritime Ad­ 1967, ministrator. J o h n M . O ’C o n n e ll, Done at Washington, D.C., this 20th day of June 1968. Assistant Secretary. G . H . H opper, Acting Chief, Registrations, Bonds, and Reports [F.R. Doc. 68-7618; Filed, June 25, 1968; Branch, Livestock Marketing Division. 8:50 a.m.] [F.R. Doc. 68-7554; Filed, June 25, 1968; 8:47 a.m.] DEPARTMENT OF HEALTH, EDU­ trator has concluded that a public hear­ DEPARTMENT OF COMMERCE ing, though not required by law, may CATION, AND WELFARE be of assistance in determining whether Maritime Administration to grant or deny the requested waiver. Food and Drug Administration [Docket S—213] Accordingly, in the exercise of his-dis­ DRUGS FOR HUMAN USE OCEANIC STEAMSHIP CO. cretionary authority, the Acting Mari­ time Administrator hereby gives notice Drug Efficacy Study Implementation Notice of Hearing that a public hearing will be held on the Announcement Regarding Triam­ application. A notice was published in the F ederai cinolone Acetonide Dental Paste R egister of December 2, 1967 (32 F.R Interested parties may inspect this ap­ The Food and Drug Administration 16537), inviting views and comments plication in the Office of Government has received and evaluated a report re­ regarding an ^application dated October Aid, Maritime Administration, Roohi ceived from the National Academy of 18,1967, filed by The Oceanic Steamship 4077, General Accounting Office Build­ Sciences—National Research Council, Co., for a waiver under section 804 of the ing, 441 G Street NW., Washington, D.C. Drug Efficacy Study Group, on the Merchant Marine Act, 1936, as amended The purpose of the hearing is to re­ following preparation : Triamcinolone (46 U.S.C. 1222) to permit its parenl ceive evidence relevant to whether spe­ acetonide 0.1 percent in emollient den­ company, Matson Navigation Co., to en- cial circumstances and good cause exist tal paste, marketed as Kenalog in Ora- *n <*rtain activities in connection so as to justify a waiver of the provisions base by E. R. Squibb and Sons, Inc., 745 with Trans-Pacific foreign commerce op­ of section 804 with regard to those activi­ Fifth Avenue, New York, N.Y. 10022. erations under a Basic Shoreside Con­ ties and operations covered by said agree­ tainer Service Agreement, No. FMC 9626 ment No. FMC 9626 which fall within The Food and Drug Administration with Nippon Yusen Kaisha, a competitive said section 804. concurs in the conclusion of the Acad­ Japanese-flag company. The hearing will be before the Chief emy that this drug is shown to be ef­ a v ^ ous comments from several U.S.- Hearing Examiner of the Maritime Ad­ fective for adjunctive treatment and for ag Trans-Pacific operators, having been ministration (or a designee of his office) the temporary relief of symptoms asso­ ^lved, the Acting Maritime Adminis­ as the duly authorized representative of ciated with oral inflammatory lesions

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 9 3 5 2 NOTICES

and ulcerative lesions resulting from Street SW., Washington, D.C. 20204. Any other manufacturer, packer, or dis­ trauma. This statement is issued pursuant to tributor of such drugs or any other in­ A supplemental new-drug application the provisions of the Federal Food, Drug, terested person may obtain a copy of the is invited to revise the labeling provided and Cosmetic Act (secs. 502, 505, 52 Stat. NAS-NRC report by writing to the Food for in the new-drug application for the 1050-53, as amended; 21 U.S.C. 352, 355) and Drug Administration, Press Rela­ above preparation to limit the claims and under the authority delegated to the tions Office, 200 C Street SW., Washing­ and present the conditions of use as Commissioner of Food and Drugs (21 ton, D.C. 20204. follows: CFR 2.120). This notice is issued pursuant to the A ctions Dated: June 18, 1968. provisions of the Federal Food, Drug, Triamcinolone acetonide Is a synthetic and Cosmetic Act (secs. 502, 505, 52 Stat. corticosteroid and possesses properties of an J. K . K ir k , 1050-53, as amended; 21 U.S.C. 352, 355) anti-inflammatory, antipruritic, and anti­ Associate Commissioner and under the authority delegated to the allergic nature. The emollient dental paste for Compliance, Commissioner of Food and Drugs (21 acts as an adhesive vehicle for applying the active medication to oral tissues. The pro­ [F.R. Doc. 68-7587; Filed, June 25, 1968; CFR 2.120). 8:50 a.m.] tective action of the adhesive vehicle may Dated: June 18,1968. serve to reduce the pain associated with oral irritation. J. K . K ir k , I ndications DRUGS FOR HUMAN USE Associate Commissioner Indicated for adjunctive treatment and for Drug Efficacy Study Implementation for Compliance. the temporary relief of symptoms associated Announcement Regarding, Salt [ F A Doc. 68-7588; Filed, June 25, 1968; with oral inflammatory lesions and ulcer­ 8:50 a.m.] ative lesions resulting from trauma. Substitutes C ontraindications The Food and Drug Administra­ DRUGS FOR HUMAN USE Fungal, viral, or bacterial infections of the tion has received reports from the oral mucosa. Hypersensitivity to any com­ National Academy of Sciences—National Drug Efficacy Study Implementation ponent. Research Council, Drug Efficacy Study Announcement Regarding Certain W arning Group, on the following salt substitute Iron Preparations for Parenteral Use In Pregnancy: Safe use in pregnancy preparations: has not been established. 1. Diasal, marketed by E. Fougera and Use Co., Inc., East Cantiague Road, Hicks- Precautions The Food and Drug Administration ville, Long Island, N.Y. 11802. has reviewed and evaluated reports from Patients with tuberculosis, peptic ulcer, 2. Neocurtasal, marketed by Winthrop the National Academy of Sciences—Na­ or diabetes mellitus should not be routinely Laboratories, 90 Park Avenue, New York, tional Research Council, Drug Efficacy treated with this steroid preparation. N.Y. 10016. It should be borne in mind that the Study Group, on the following iron prep­ normal defensive responses of the oral tis­ 3. Co-Salt, marketed by U.S. Vitamin arations for parenteral use: sues are depressed in patients receiving topi­ and Pharmaceutical Corp., 800 Second 1. Astrai er injection; 100 milligrams cal corticosteroid therapy. Virulent strains Avenue, New York, N.Y. 10017. of trivalent iron (as dextriferron) per 5 of oral microorganisms may multiply with­ Such preparations are regarded by the milliliters; marketed by Astra Pharma­ out producing the usual warning symptoms Food and Drug Administration as foods of oral infections. ceutical Products,' Inc., 7 Neponset Street, and are subject to the food provisions of Worcester, Mass. 01606. If significant regeneration or repair of the Federal Food, Drug, and Cosmetic oral tissues has not occurred in 7 days, ad­ Act, including section 403 (j) concerning 2. Imferon injection; 50 milligrams of ditional investigation into the etiology of trivalent iron (as iron dextran) per milli­ the oral lesion is advised. foods for special dietary uses (21 U.S.C. 343(j)). They should be suitably labeled liter; marketed by Lakeside Laboratories, A dverse R eactions to comply with Part 125 (21 CFR Part Inc., 1707 East North Avenue, Mil­ waukee, Wis. 53201. Prolonged administration may elicit the 125), the current regulations for foods adverse reactions known to occur with sys­ for special dietary uses, including § 125.9 The Food and Drug Administration temic steroid preparations; for example, Label statements relating to certain concurs in the conclusions of the adrenal suppression, alteration of glucose foods used as a means of regulating the Academy that, these drugs are shown to metabolism, protein catabolism, peptic ulcer intake of sodium in dietary management. be effective and suitable for the treat­ activations, and others. These are usually ment of iron-deficiency anemia when reversible and disappear when the hormone These preparations are also regarded is discontinued. as drugs and are thus subject to the drug established conditions exist corroborating provisions of the act. They should bear iron deficiency anemia not amenable to D osage and Administration a cautionary statement to the effect oral therapy. The drug should be applied 2 to 3 times that they should not be used withoqt the The active components of preparations a day following meals and at bedtime. If advice of a physician. of this kind are complexes of iron and significant repair or regeneration has not Attention is directed to the public modified carbohydrates. Because of the occurred in 7 days, further investigation is potential for toxicity associated with advisable. hearing on foods for special dietary uses that was scheduled to begin June 20, the use of these drugs and the fact that The holder of the new-drug applica­ 1968, in Room 5131, Health, Education, their integrity is dependent to a large tion for the drug listed above has been and Welfare Building North, 330 Inde­ degree upon manufacturing procedures, mailed a copy of the NAS-NRC report pendence Avenue SW., Washington, D.C., such preparations continue to be re­ together with a copy of the labeling con­ involving issues that will relate to this garded as new drugs (21 U.S.C. 321 (p))- ditions in this announcement. Any man­ announcement. Notice of the hearing The holders of previously approved ufacturer, packer, or distributor of a was published in the F ederal R egister new-drug applications for these articles drug of similar composition and labeling of April 2,1968; 33 F.R. 5268. are herewith exempted, pursuant to to the drug listed in this announcement At a later date it will be proposed that § 130.35(i), from the annual reporting or any other interested person may ob­ the subject preparations be added to requirements of §§ 130.35(e) and 130.13 tain a copy of the NAS-NRC report by paragraph (b) of § 130.302 List of drugs (b) (4) of the new-drug regulations (21 writing to the Pood and Drug Adminis­ for human use that do not now require CFR 130.13(b) (4), 130.35 (e), (i) ). tration, Press Relations Office, 200 C an approved new-drug application (21 The holders of such new-drug applica­ Street SW., Washington, D.C. 20204. CFR 130.302). Section 130.302 was in­ tions are invited to submit new-drug Written comments regarding this an­ cluded in a notice of proposed rule- application supplements to provide for nouncement may be addressed to the making published in the F ederal R eg­ revising the labeling so that the parts of ister of May 28, 1968 (33 F.R. 7762). the labeling indicated are substantially Special Assistant for Drug Efficacy Study The holders of new-drug applications as described below and include the box Implementation, Bureau of Medicine, for the drugs listed above have been warning at the beginning of any labeling Food and Drug Administration, 200 C mailed a copy of the NAS-NRC report. piece:

FEDERAL REGISTER, V O L 33, NO. 124— WEDNESDAY, JUNE 26, 1968 NOTICES 9 3 5 3

D osage and Administration appearance of normal blood morphology. The Warning: The parenteral use óf com­ total cumulative amount required to re­ plexes of iron and carbohydrates has Periodic hematologic determinations are store hemoglobin and replenish iron stores resulted in fatal anaphylactic-type to be used as a guide in therapy, bearing in reactions. Deaths associated with mind that iron storage may lag behind the may be approximated from the formula: such administration have been re­ ported. Therefore, ------Patient’s hemoglobin in gram percent X 100 should be used only in those pa­ 0.3 X Body weight in pounds X (100------—■—:------) =Milligrams total iron to be in- tients where clearly established 14.8 jected indications exist, confirmed by ap­ propriate laboratory investigations D osage for Intramuscular Preparations ing of January 16-18, 1968, for intended corroborating iron deficiency ane­ effectiveness June 1, 1968:1 mia not amenable to oral iron Each day’s dose should ordinarily not ex­ therapy. ceed 25 milligrams for infants under 10 Resolved, that effective June 1, 1968, sec­ ♦Name of drug. pounds, 50 milligrams for children under 20 tion XH.B.1, Resolution 80.10, be amended pounds, 100 milligrams for patients under to read as follows: 110 pounds, and 250 milligrams for others. A ctions “ ‘Advertised Air Tour’ means a complete D osage for I ntravenous Preparations package, as set forth in Paragraph C of this Ferric iron administered parenterally is section, advertised in a Tour Polder, offered transported by transferrin and incorporated To minimize toxic reactions, the initial for sale to the public, and prepaid in full by into hemoglobin. dose should be limited to 15 to 30 milligrams the purchaser: Provided, That in connection followed by daily increments for 2 or 3 days with travel to or from conventions or meet­ Indications until a 100-milligram daily dose is reached. ings, lodgings and other ground arrangements For the treatment of iron deficiency ane­ This larger dose should be given slowly (1 directly connected with the convention or mia: Intramuscular or intravenous injec­ minute per 20 to 50 milligrams). meeting program shall not be considered a tions of iron are advisable solely for use in part of the ‘complete package.’ ” those patients in whom iron deficiency ane­ The holders of the new-drug applica­ mia is present, its cause has been deter­ tions for the drugs listed above have been An advertised air tour, to qualify for mined and, if possible, corrected, and in mailed a copy of the NAS-NRC report the 10 percent commission must include, whom oral administration of iron is unsatis­ along with a copy of the labeling condi­ in addition ter lodging for a minimum of factory or impossible: for example: tions contained in this announcement. two nights, at least two meals per day Intolerance to oral preparations; Any manufacturer, packer, or distributor and at least one additional feature such Resistance to oral iron therapy; of a drug of similar composition and Rapid replenishment of iron stores in se­ as a sightseeing trip, etc., in addition to lected patients in whom oral therapy is labeling to the drugs listed in this an­ the air transportation involved.2 Thus, ineffective, such as hypochromic ane­ nouncement, or any other interested per­ the effect of the amendment is to make mia of infancy and hypochromic anemia son, may obtain a copy of the NAS-NRC it more difficult for a tour connected with of the last trimester of pregnancy; report by writing to the Food and Drug a convention or meeting to qualify as an Selected hemorrhagic cases (appropriate Administration, Press Relations Office, advertised air tour and thereby entitle steps should be taken to correct and 200 C Street SW., Washington, D.C. the agent to a 10 percent rather than a prevent any excessive blood loss that 20204. may have been revealed as an etiologic 5 or 7 percent commission. factor); Written comments regarding this an­ The American Society of Travel Agents To replace postoperative transfusion to nouncement may be addressed to the (ASTA), Don Travel Service, Inc., New • some degree; Special Assistant for Drug Efficacy York, and Beltz Travel Service, Inc., San In those patients who cannot be relied Study Implementation, Bureau of Medi­ Francisco, oppose the amendment. ATC upon to take oral medication. cine, Food and Drug Administration, 200 submitted a letter of clarification and Contraindications C Street SW., Washington, D.C. 20204. explanation. Hypersensitivity to the product. This notice is issued pursuant to the It appears from ATC’s letter that the All anemias other than iron deficiency provisions of the Federal Food, Drug, resolution is based on the assumption anemia. and Cosmetic Act (secs. 201 (p), 502 (a), that persons attending meetings and con­ W arnings (f), 505, 52 Stat. 1041, 1050-53, as ventions do so for reasons other than the This preparation should be used with ex­ amended; 21 U.S.C. 321 (p), 352 (a), (f), promotional efforts of the agents. As a treme care in the presence of serious impair­ 355) and under the authority delegated consequence, the agents are not entitled ment of liver function. to the Commissioner of Food and Drugs to a 10 percent commission but rather A risk of carcinogenesis may attend the the normal commission rates should Injection of iron-carbohydrate complexes. (21 CFR,2.120). apply. ATC also attempted to give mean­ Such complexes have been found under ex­ Dated; June 18,1968. ing and content to the words convention perimental conditions to produce sarcomas and meetings. when injected in rats, mice, and rabbits, Jam es L . G oddard, and possibly in hamsters, in very large doses. Commissioner of Food and Drugs. ASTA and the individual agents con­ The number of tumors produced was rela­ tend that over the years agents have tively small, and such tumors have not been [P.R. Doc. 68-7589; Piled, June 25, 1£>68; promoted and developed tours associated produced in guinea pigs. The risk of carcino­ 8:50 a.m.] .with conventions and meetings to the genesis in man following recommended ther­ apy appears to be extremely small; however, benefit of all concerned, including the the long latent period between the injection airlines. According to the objectors, by 01 a Potential carcinogen and the appear­ CIVIL AERONAUTICS BOARD reducing the commission and tightening ance of a tumor makes.it impossible as yet the definition of an advertised air tour, to measure the risk in man. [Agreement CAB 5044-A136; Order E-26946] the resolution will make it more difficult for the agents to promote domestic tour P recautions AIR TRAFFIC CONFERENCE OF travel. It is argued that such a result Improper therapy with these agents will AMERICA storage of iron with the consequent is contrary to the efforts of all concerned possibility of exogenous hemosiderosis. Such Older Deferring Action Regarding to promote domestic travel. overi°ad is particularly apt to occur Advertised Tours On the basis of the record to date, oth Patlents ^ t h hemoglobinopathies and the Board is unable to act upon the mat­ refractory anemias which might be -Adopted by the Civil Aeronautics ter. Except for the submission of several ahemi»USl^ dkignosed as iron deficiency Board at its office in Washington, D.C., brochures describing advertised air tours Adverse R eactions on the 20th day of June 1968. On March 19,1968, the Air Traffic Con­ ofIf ^ amuscular injection: Variable degree 1 ATC has agreed on behalf of its members aiKi inflammation; brownish dis­ ference of America (ATC) filed pursuant to withhold implementation of the amend­ coloration in the area of injection. to section 412 of the Federal Aviation ment until the Board acts on the matter. and intravenous injections: Act of 1958, as amended, the following 3 An exception is provided which permits S ^ lac?°id and anaphylactic reactions, the Advertised Air Tour Committee of ATC fehnio fatal anaphylactic reactions; severe amendment to the Agency Resolution to approve any package by two-thirds ma­ eDrlle reactions. adopted at the Agency Committee meet­ jority vote.

FEDERAL REGISTER, V O L 33, NO. 124— WEDNESDAY, JUNE 26, 1968 9 3 5 4 NOTICES built around conventions or meetings, Interested persons are at liberty to flights in question,3 and (c) take what­ the record does not contain the factual submit any additional factual data in ever other action may be appropriate information we deem necessary for a support of their respective positions. We to prevent Delta from violating § 399.33 decision. Consequently, we shall defer wish to emphasize that argumentative (a) of the Board’s regulations and 404 action on the resolution and afford inter­ comments devoid of factual data will be (b) of the Federal Aviation Act. ested persons an opportunity to submit of little assistance in resolving this American asserts that the offering of factual data in support of or in opposi­ matter. night-coach fares on the 7:58 a.m. de­ tion to the agreement. Accordingly, it is ordered: parting Dallas-Los Angeles nonstop To begin with, we believe the record 1. That further action on Agreement flight would violate the Board’s off-peak should contain information indicating CAB 5044-A136 be and it hereby is coach policy and the antidiscrimination the magnitude of the alleged problem 'deferred. provisions of the Federal Aviation Act. American refers to § 399.33 (a) of the which the agreement is designed to cure. 2. That all interested persons be and Consequently, we believe the air carriers Board’s regulations regarding “off-peak they hereby, are afforded a period of 45 services” and further states that the should submit information showing for days from the date of service of this calendar year 1967, the number of ad­ Board has repeatedly held that “when air order to file factual material in support carriers submit proposals for new low vertised air tours sold by agents over of or in apposition to the agreement. their respective systems, and the num­ fare off-peak services * * * they will be ber of such tours which would have been This order will be published in the required to demonstrate that the pro­ ineligible for the 10 percent commission F ederal R egister. posed services are in fact off-peak” (Or­ if the proposed definition had been in By the Civil Aeronautics Board. der E-16642, Apr. 11, 1961). American effect. Along with such factual data, the contends that Delta’s flight is not off- carriers should give reasons for their [ seal] H arold R . S anderson, peak but rather is within an hour of conclusion that the tours would not Secretary. prime morning departure period, and is have qualified under the proposed [F.R. Doc. 68-7576; Piled, June 25, 1968; obviously not inconvenient. Finally, definition.3 8:49 a.m.] American states that the Board has per­ The agents should submit factual mitted off-peak fares on tail-end seg­ ments of a flight; however, they know of data indicating in what manner they [Docket No. 19849; Order E-26948] have promoted tours connected with no flight in a major market having as conventions and meetings during 1967; DELTA AIR LINES, INC. attractive a departure time as Delta’s the number of such tours sold in. 1967 flight 121/ which would have been affected by the Order Instituting Investigation Re­ Delta has filed an answer to the com­ amendment; and factual data indicat­ garding Applicability of Off-Peak plainant’s contentions. Delta contends ing what role the agents performed in Coach Fare Services that the complaint makes no showing that Delta’s April 28, 1968, schedules are the overall planning, promoting, orga­ Adopted by the Civil Aeronautics nizing, and coordination of the conven­ in any manner inappropriate; the initial Board at its office in Washington, D.C., departure of flight 121 from New York tions or meetings involved in the tours. on the 20th day of June 1968. Similar information should be submitted (3:30 a.m.) is between the traditional for the period beginning January 1, By revisions to its general flight hours for night coach departure (10 1968. schedules,1 Delta Air Lines, Inc. (Delta), p.m.—4 a.m.) and that the designation canceled its DC-8 deluxe night coach The Board is desirous of receiving in­ as a jet deluxe night coach (FN) jet and night coach flight 181 between New night coach (YN) flight is fully in ac­ formation from those corporations, York and Los Angeles via Atlanta and organizations or other groups which cord with tariff provisions, and with prin­ Dallas; and in its place, established ciples of tariff application, which have either conducted conventions and meet­ DC-8 flight 121 but with different ings involved in advertised air tours or remained unchanged for a long period of scheduled times. The flight times for time. Delta further states that Board have such scheduled for the future. Such these two flights are set forth below: data should indicate, among other precedent requires denial on the basis of a similar complaint and petition for things, whether the convention or meet­ Flight 121 ing would have been held absent the sale Flight 181 reconsideration of American which the by travel agents of air tours; the prob­ Board discussed (Docket 17102, Order New York______. _ Lv. 1:25 a.m___ . . . 3:30 a.m. E-23486 and Docket 17105). Finally, able location of the convention or meet­ Atlanta_____ .... _ _ Ar. 3:39 a.m___ __5:36 a.m. ing if no tour had been available; an Lv. 4:25 a.m___ . . 6:28 a.m. Delta contends that a grant of Ameri­ estimate, along with its basis, of the Dallas.-...... ___ Ar. 5:21 a.m___ ... 7:14 a.m. can’s petition would prejudice the travel­ Lv. 6:05 a.m___ __7:58 a.m. ing public by precluding Delta from offer­ number of people who would have at­ Los Angeles..______Ar. 6:55 a.m___ . . . 8:46 a.m. tended the convention or meeting absent ing services to the public at night coach the tour as compared to the size of the American Airlines, Inc. (American), actual attendance; .and the role played filed a complaint3 against Delta re­ 8 The tariff provides that Delta’s Jet deluxe by the agent in the overall organization, questing the Board to (a) enter an order night-coach fares and jet night-coach fares planning, promotion, and coordination pursuant to section 1002 of the Act pro­ apply on flights scheduled to depart from associated with the meeting or conven­ origin terminal between 10 p.m. and 4 a.m., hibiting Delta from designating the with certain exceptions which include the tion. flight in question as a “night-coach” exception that flights will be scheduled to We would also expect both the carriers flight, (b) institute an investigation of depart from origin terminal of New York or and agents to address themselves to the Delta’s night-coach tariff, set forth on Newark between 9 p.m. and 4 a.m. While the relationship, if any, between the instant eighth revised page 129 of Airline Tariff rule complained against appeared upon a matter and the overall commission ques­ Publishers, Inc., Local and Joint Pas­ tariff page marked to become effective Apr. tion, and the appropriate role of the senger Fares Tariff No. PF-7, A.T.B. No. 28, 1968, this same rule appeared on earlier agent in marketing air transportation. effective tariff pages and had been in effect 41, to be effective April 28, 1968, to the at all times material hereto. There was In this connection, attention should be extent such tariff permits the appli­ therefore no issue of suspension presented.^ given to the relevancy of the SARC cability of night-coach fares on the 4 American states that several of Deltas study and the cost study now under way multisegment flights begin as night coach to the matter at issue herein. but change to regular coach for the seg­ 1 Delta Air Lines, Inc., General Schedule ments having departure times comparable 8 If the carriers choose to use ATC as a CAB-28, 6th revised page 2, issued Mar. 29, to that of the Dallas-Los Angeles flight. For vehicle for submitting the requested data, 1968, for effectiveness on Apr. 28, 1968. example, Delta’s flight 151, from Chicago to the requirement of Part 263 of the Board’s 8 Docket 19849; the complaint was re­ Dallas via intermediate points, changes from economic regulations must be complied ceived by the Board on Apr. 24, 1968, 3:23 night coach to day coach on its departure with. p.m. from Jackson, Miss., at 7:26 a.m.

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 NOTICES 9355

fares from Atlanta to Los Angeles since if found to be unlawful, to determine and a clarifying nature and relating to inter­ flight 121 will be its only such service prescribe the lawful fares and provi­ nal administrative matters, the parties at night coach fares. sions, and rules, regulations, or practices have adopted a number of new substan­ Delta has not demonstrated that serv­ affecting such fares and provisions; tive terms. ice from Dallas to Los Angeles with a 2. This investigation be assigned for Briefly, the clarifying and administra­ 7:58 a.m. departure is in fact off-peak. hearing before an examiner of the Board tive provisions of the agreement relate to American, in its complaint sets forth at a time and place to be hereafter such matters as the change of name of numerous examples of flights with de­ designated; and the “Public Relations Division” to “Trade partures between 7 and 8 a.m. with good 3. A copy of this order shall be served Division” ; the effective date of resigna­ patronage at regular fares, as well as on American Airlines, Inc., and Delta tion of any member; the automatic re­ noting the Los Angeles to Dallas flight Air Lines, Inc., which are made parties moval of directors upon failure to attend departing at 8:10 a.m. It appears that to this proceeding. two consecutive regular meetings of the 7:58 a.m. departures may approximate This order will be published in the Board; the association’s obligation, in­ prime flight time and that such services F ederal R egister. stead of an option, to repurchase the may not be uneconomic because of the By the Civil Aeronautics Board. shares of withdrawing members; the de­ inconvenience of the departure time. The letion of associate memberships; and the Board has previously noted there is [ seal] H arold R . S anderson, filling of vacancies on the Board of nothing unusual in applying off-peak Secretary. Directors. fares to all segments of an off-peak flight [F.R. Doc. 68-7577; Filed, Juné 25, 1968; The new substantive terms of the even though some segments may involve 8:49 a.m.] more attractive hours of travel (Order agreement provide for a decrease in price E-23529). However, we cannot conclude of an applicant’s qualifying membership [Agreement CAB 19691, Arndt. A l; Order E - share of stock in the association from that the fact that the originating New 26944] York departure is at 3:30 a.m. indicates $5,000 to $1,000; solvent financial con­ an inconvenient departure time with re­ NATIONAL AIR CARRIER dition as an additional qualification for spect to Dallas to Los Angeles traffic, or ASSOCIATION, INC. membership; the expulsion of any mem­ ber upon the determination of the Board that we should not investigate the lawful­ Order of Tentative Approval of ness of the Dallas to Los Angeles night- of Directors, subject to arbitration, that coach fares. In these circumstances we Bylaws such member has failed to maintain its will initiate an investigation of the law­ Adopted by the Civil Aeronautics Board initial qualifications for membership; a fulness of the night-coach fares as ap­ at its office in Washington, D.C., on the Board of Directors consisting of a mini­ plied from Dallas to Los Angeles. Al­ 19th day of June 1968. mum of five (5) persons and a maximum though the flight in question originated On June 28, 1967, there was filed with no greater than the number ,of members in New York and has another intermedi­ the Board for approval pursuant to sec­ in the association, instead of a fixed ate stopping point at Atlanta, with a tion 412 of the Federal Aviation Act of number of seven (7 ),directors; a quorum 6:28 a.m. departure, no person has chal­ 1958, as amended, revised bylaws of the of the Board of Directors consisting of lenged the lawfulness of the applications National Air Carrier Association, Inc. one less than a majority but in no event of night-coach fares from New York or (NACA) .1 On March 25, 1968, three less than five directors; annual dues in Atlanta to Dallas or Los Angeles with a amendments were also filed.2 As amend­ an amount fixed by the Board of Direc­ 6:28 a.m. departure and we will limit the ed the agreement is identified as Agree­ tors instead of annual dues in a stated scope of the inquiry to the lawfulness of ments CAB 19691 and CAB 19691-A1 and sum; the amendment of bylaws by a ma­ the Dallas to Los Angeles issue.5 hereinafter referred to as the “agree­ jority of the whole Board of Directors; Upon consideration of all relevant ment.” and participation by each member in The parties have readopted substan­ both the trade division and the traffic matters, the Board finds Delta’s night, division of the association.5 coach tariff fares, rules and practices,’ tially those provisions of the original by­ insofar as they apply to a Dallas flight laws and amendments thereto which In clarification of the last mentioned departing Dallas at 7:58 a.m. for Los have previously been approved by the provision, NACA advised that both the Angeles, may be unjust or unreasonable, Board3 and deleted two provisions which trade division and the traffic division or unjustly discriminatory, or unduly were approved subject to certain condi­ have important roles in the evaluation of preferential, or unduly prejudicial apd tions.4 In addition to Various revisions of military procurement activities and poli­ should be investigated. cies and the dissemination to member Accordingly, pursuant to the Federal 1 The members of NACA are: Capitol In­ carriers of information concerning such Aviation Act of 1958, and particularly ternational Airways, Inc.; Modern Air Trans­ activities; that, historically, NACA was sections 204(a) and 1002 thereof: port, Inc.; Overseas National Airways, Inc.; formed primarily because of the mili­ It is ordered, That: Purdue Aeronautics Corp.; Saturn Airways, tary’s desire for a joint bidding agent, in Inc.; Southern Air Transport, Inc.; Stand­ lieu of dealing separately with a large 1. An investigation be instituted to de­ard Airways, Inc.; Trans International Air­ termine whether the provisions on eighth lines Corp.; Universal Airlines, Inc.; and number of supplemental carriers; that, Revised Page 129 and the fares between World Airways, Inc. in view of the substantial overlap of Pallas and Los Angeles on eighth Re­ 2 The filings were supplemented by NACA’s functions of NACA, it would be awkward vised Page 132 of Airline Tariff Pub­ letter of May 2, 1968. and inefficient for a member carrier to lishers, Inc., Agent’s CAB No. 101 (in­ s The certificate of incorporation and the belong to one division only; and that all cluding subsequent revisions ond re­ original bylaws and amendments thereto present members of NACA belong to both were previously approved by the Board, sub- divisions. issues thereof) insofar as such fares and ject'to various conditions. See Orders E-18165, Provisions apply from Dallas. to Los Mar. 29, 1962, E-19232, Jan. 25, 1963, E-19629, The Board finds that the agreement Angeles on flights scheduled to depart June 3, 1963, and E-20960, June 22, 1964. constitutes, as did NACA’s. original by­ xrom Dallas at 7:58 a.m., and rules, regu­ 4 Article VI of the original bylaws which laws, a cooperative working arrangement lations, and practices affecting such established a Committee on Safety and Pro­ among air carriers affecting air trans­ cedures has been deleted, thereby obviating portation, and accordingly, is subject to lares and provisions, are or will be the requirement of the Board’s conditions unjust or unreasonable, unjustly dis­ with respect thereto, contained in the order­ criminatory, unduly preferential, unduly ing paragraphs 1 (b) and (c) of Order E - 5 Article VI, provides as follows: “Section 1. Prejudicial, or otherwise unlawful, and 19232, supra; Article II section 1 as currently Traffic Division. The Traffic Division shall formulated has deleted the requirement that be responsible for the procurement of both a new member purchase, in addition to one military and commercial air transportation ,, support of its Dallas fare, Delta states share in the association, a pro rata share in which shall be allocated among the members at flight 121 is the -only off-peak service the association’s surplus, thereby eliminating in the Association in accordance with pro­ Atlanta to Los Angeles. As American the Board’s requirement of Implementation cedures determined by the Board of Directors. feu, Delta need not offer off-peak fares to as set forth in Order E-19232, supra. Other “Section 2. Trade Division. The purpose of Passengers boarding at Dallas in order to conditions of this order and of Order E-20960, the Trade Division shall be to promote in all Angeles o£f"^ eak fares from Atlanta to Los supra, are of a continuing nature and ap­ proper manners the purposes of the Associa­ plicability. tion.”

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 9 3 5 6 NOTICES section 412 of the Act. The terms of the economic advantages of the trade divi­ of directors and of its general member­ agreement which identically restate or sion available to other supplemental air ship; 11 omit various provisions of NACA’s origi­ carriers may not be available to a par­ 5. That NACA shall file the agenda for nal bylaws and those which axe merely of ticular applicant unless it is prepared, such meetings and the minutes thereof a clarifying nature or relate to internal contrary to its own views of its economic with the Board within thirty (30) days administrative procedures do not appear interest, to participate with other mem­ after the meeting; 19 to raise substantive issues not previously bers in the procurement and allocation 6. That NACA shall file with the Board considered by the Board.6 The new sub­ by the association of military and com­ a true copy, or if oral, a true and com­ stantive terms of the agreement relate mercial air transportation.10 plete memorandum, of any public rela­ to the elimination of fines and suspen­ No convincing showing has been made tions program authorized or adopted by sions of members; the composition, pro­ that dual participation by members in NACA’s board of directors or members, cedures and functions of the Board of both the traffic and trade divisions of within thirty (30) days after such adop­ Directors; and the eligibility and qualifi­ the association is reasonably essential to tion; cations for membership. With one excep­ the purposes of the organization, or that 7. That NACA shall so conduct its af­ tion, these terms appear to be consistent the failure or refusal of members to par­ fairs as to preclude it, its officers or with those which are recognized as ticipate in both operating divisions would employees from engaging in the practice proper and lawful for trade associations effectively impair the association’s basic of law in such manner as to create a and appear to be fair and reasonable. functions. Absent such a showing and in claim of privilege against disclosure to The exception relates to the require­ view of the apparent benefits obtained the Board of information or documents ment that each member participate in by membership in NACA, the Board based upon an alleged attorney-client both the traffic division and trade divi­ tentatively concludes that the subject relationship between it, its officers or sion of the association.7 Upon the forma­ requirement is an unreasonable restric­ employees, on the one hand, and its tion of the association in 1962 and pur­ tion upon membership in the association members, on the other.13 Nothing in this suant to its certificate of incorporation by otherwise qualified carriers. Accord­ condition, however, shall prevent attor­ and bylaws, NACA undertook, on behalf ingly, in the final order the Board neys employed or retained by NACA from of its members, the function of a joint intends to condition its approval in such rendering confidential legal advice to, bidding agent for military air service a manner as to provide that membership and accepting confidential communica­ contracts, and the allocation of such in NACA not be denied an otherwise tions in connection therewith from, offi­ awards among its members. Almost con­ qualified carrier which does not wish to cers or employees of NACA or its instru­ currently, the association began to under­ participate in both the traffic and trade mentalities, or individual members of its take public relations and promotional divisions. This condition will be in addi­ various committees, etc., with respect to functions on behalf of the supplemental tion to those of a continuing nature the activities of NACA or its instrumen­ air carrier industry. Since then, the per­ which were attached to the Board’s pre­ talities or of such committees, etc., or centage of supplemental air carriers’ rev­ vious approvals of the association’s by- shall prevent NACA from asserting at­ enues derived from military operations laws in Orders E-19232 and E-2096CT, torney-client privilege with respect to compared with their total revenues has supra. v / any such communication, provided that decreased,8 and more significantly, the Upon consideration of the foregoing, the procedures hereinafter called for awards to the members of NACA obtained the Board tentatively finds that the have been followed. NACA shall promptly through the association’s trafile division agreement is not adverse to the public establish standard procedures for the in the recent past have yielded relatively interest or in violation of the Act, and handling of written documents and com­ small percentages of the member car­ should be approved if such approval is munications as to which NACA desires riers’ respective revenues.9 In the mean­ made subject to the following condi­ to preserve its asserted right to claim time, the association’s trade division has tions: attorney-client privilege, and shall re­ port such procedures and all subsequent actively pursued its functions designed to 1. That an otherwise qualified appli­ bring economic advantages to its mem­ cant shall not be refused membership in revisions thereof to the Board. Such pro­ bers in such matters as securing enact­ NACA nor an existing member be ex­ cedures shall provide for at least the ment of laws and regulations relating to following: pelled for failure or refusal to participate (1) Any document which is claimed to air carriers as well as military transpor­ in both the traffic and trade division of tation, evaluating and disseminating to be confidential by reason of an asserted NACA; attorney-client privilege shall be its members information affecting the 2. That NACA shall file with the Board supplemental air carrier industry, and promptly identified, so marked, and seg­ within fifteen (15) days of adoption, a regated. As to documents hereafter cre­ acting as spokesman for supplemental copy of detailed procedures adopted for carriers at industry conferences and in ated, this shall be done within 60 days handling the arbitration of matters made of the creation of such document or its their relationships with the public. Under subject to arbitration; the term of the agreement which requires receipt by NACA, as the case may be. As 3. That NACA shall file with the Board, to documents heretofore created, it shall dual participation by members in both within thirty (30) days of preparation, the traffic and trade divisions of the as­ be done within 90 days after imposition copies of written opinions and reports or of this condition. sociation, an otherwise qualified supple­ actions of its board of directors, or deci­ mental air carrier may be denied mem­ (2) All such documents which NACA sions of arbitrators which result in the elects to keep in its possession or control bership and the benefits of the associa­ expulsion of a member, or other disci­ tion’s trade division activities, unless it shall be kept in a separate file or files in plinary action. The names of the carrier the charge of an. appropriate principal also participates in the traffic division parties to the proceedings which are the operations of the association. Thus, the officer of NACA or of its legal staff. subject of such opinions, reports, and (3) NACA shall quarterly report to the decisions may be deleted therefrom for «Orders E-18165, E-19232, and E-19629, Board how many documents have been supra, footnote 3. the purpose of this paragraph; ’ Article II, section 2D provides as follows: 4. That NACA shall maintain full and 11 Such minutes shall contain, inter alia, “Association Participation — Each member complete minutes of meetings of its board a summary of the discussion identifying each shall participate in both the Trade Division participant on each matter, regardless of the and the Traffic Division.” action, or lack of action taken thereon. 8 A decrease from 79 percent of the total 10 In 1967, for example, while military air 12 The filing of minutes will not relieve revenues (approximately $79 million) in 1963, service awards obtained by NACA' and allo­ NACA from the requirement for filing sep­ to 58 percent of total revenues ($263 mil­ cated among its members, decreased approxi­ arately contracts and agreements subject lion) in 1967. (CAB Form 41 Reports, 1963, mately 11 percent from the preceding year section 412 of the Act. 1967; Supplemental Air Carriers: A Report by (footnote 9, supra) . another nonmember sup­ 13 Such restriction is not intended to Pr * NACA, 1967). plemental air carrier’s (American Flyers) hibit the participation of an association . «Less than 4 percent ($8,257,872) in 1966, contracts for similar service increased to a Board proceeding pursuant to the Pr° ‘ sions of Part 263 of the Board’s Economic and less than 3 percent ($7,338,970) in 1967. $5,349,857 from $4,061,694, or more than 30 (CAB Form 41 Reports, 1966,1967). percent. Regulations.

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 NOTICES 9 3 5 7

segregated in the above-described con­ [Docket No. 17665] (5) Ability to provide information fidential files. WASHINGTON/BALTIMORE HELICOP­ pertaining to primary and secondary (4)' Upon request of the Board, NACA communications as specified in § 87.257 shall furnish the Board with a list of all TER SERVICE INVESTIGATION of the Commission’s rules; documents so segregated, such list to give Notice of Oral Argument (6) Proposed radio system including the date, author, and addressee of each control and dispatch points; and document or communication, and as de­ Notice is hereby given, pursuant to the (7) The availability of the radio tailed a description of its contents as provisions of the Federal Aviation Act of facilities to other fixed-base operators. preservation of confidentiality will 1958, as amended, that oral argument in (b) To determine in light of the evi­ permit. the above-entitled matter is assigned to dence adduced on the foregoing issues 8. That NACA and its air carrier mem­ be held on July 17, 1968, at 10 a.m., which, if either, of the applications bers agree that the Board and its author­ e.d.s.t., in Room 1027, Universal Build­ should be granted. ized agents shall have access to and ing, 1825 Connecticut Avenue NW., Washington, D.C., before the Board. 3. It is further ordered, That to avail authority to inspect all accounts, rec­ themselves of an opportunity to be heard ords, and memoranda, including all doc­ Dated at Washington, D.C., June 21, Bradley Aviation Co., Inc., and Skytel uments, papers, and correspondence 1968. Aviation, Inc., pursuant to § 1.221(c) of belonging to or in possession of NACA, the Commission’s rules, in person or by other than documents, papers, and cor­ [ seal] T homas L. W renn, Chief Examiner. attorney, shall within 20 days of the respondence segregated in accordance mailing of this order file with the Com­ with the procedures specified by para­ [F T . Doc. 68-7575; Filed., June 25, 1968; mission, in triplicate, a written appear­ graph 7 of this order: Provided, however, 8:49 a.m.] ance stating an intention to appear on That the Board shall have access to and the date set for hearing and present authority to inspect all such segregated evidence on the issues specified in this materials except those which are in fact order. Failure to file a written appear­ legally privileged against disclosure by FEDERAL COMMUNICATIONS ance within the time specified may result reason of an attorney-client privilege in dismissal of the application with which NACA (or, as to documents here­ COMMISSION prejudice. tofore created, a member of NACA) is entitled to assert. [Docket Nos. 18219, 18220; FCC 68-642] Adopted: June 19, 1968. 9. That the action of the Board herein BRADLEY AVIATION CO., INC., AND Released: June 21, 1968. shall not be construed as an approval or SKYTEL AVIATION, INC. disapproval of any contract, agreement, F ederal C ommunications or resolution entered into or any action Order Designating Applications for C o m m is s io n ,1 taken pursuant to the instant agree­ Consolidated Hearing on Stated [ seal] B en F. W aple, Secretary. ments, as currently or hereafter consti­ Issues tuted; 14 and [F.R. Doc. 68-7584; Filed, June 25, 1968; 10. That, within fifteen (15) days after In re applications of Bradley Aviation 8:50 a.m.] issuance of this order, NACA, on behalf Co., Inc., Fort Lauderdale, Fla., Docket No. 18219, File No. 23-A-L-127; Skytel of its members, shall submit to the [Docket Nos. 18208, 18209] Board a written statement indicating Aviation, Inc., Fort Lauderdale, Fla., their acceptance of the foregoing condi­ Docket No. 18220, File No. 140-A-AL- JEFF DAVIS BROADCASTING SERV­ 107; for aeronautical advisory station to tions. ICE (WKPO) AND MISS LOU Accordingly, it is ordered: serve the Executive Airport, Fort 1. That final action on Agreements Lauderdale, Fla. BROADCASTING CORP. (WYNK) CAB 19691 and 19691-A1, be and it 1. The Commission's rules (§ 87.251 Order Designating Applications for hereby is deferred for a period of thirty (a)) provide that only one aeronautical advisory station may be authorized to Consolidated Hearing on Stated (30) days to permit the filing of com­ Issues ments by interested persons“ relative operate at a landing area. The above- to the Board's tentative decision herein; captioned applications both seek Com­ In re applications of Jesse R. Williams 2. That a copy of this order be served mission authority to operate an aero­ and Albert Mack Smith, doing business on all supplemental air carriers and nautical advisory station at the Execu­ as Jeff Davis Broadcasting Service NACA; and tive Airport, Fort Lauderdale, Fla., and (WKPO), Prentiss, Miss., Docket No. 3. That this order shall be published in therefore are .mutually exclusive. Ac­ 18208, File No. BP-17136, Has: 1510 kc, the F ederal R egister. cordingly, it is necessary to designate the 1 kw (250 w-CH), Daytime, Requests: applications for hearing. Except for the 1380 kc, 500 w, D a ytim e; Miss Lou By the Civil Aeronautics Board. issues specified herein each applicant is Broadcasting Corp. (WYNK), B aton [seal] H arold R . S anderson, otherwise qualified. Rouge, La., Docket No. 18209, File No. Secretary. 2. In view of the foregoing: It is BP-17572, Has: 1380 kc, 500 w, Daytime, [F.R. Doc. 68-7578; Filed, June 25, 1968; ordered, That pursuant to the provisions Requests: 1380 kc, 5 kw, DA, Daytime; 8:49 a.m.J of section 309(e) of the Communications for construction permits. Act of 1934, as .amended, that the above- 1. The Commission, by the Chief, 14 The revised bylaws of the associationcaptioned applications are hereby des­ Broadcast Bureau, under delegated au­ preserve the broad powers of the Board of ignated for hearing in a consolidated thority, considered the above-captioned Directors to take various types of action. For proceeding at a time and place to be and described applications for construc­ example, in connection with establishment specified in a subsequent order on the tion permits. of a traffic division, the directors are to de- following issues: 2. These applications are mutually ex­ te™1irie procedures for the allocation of both (a) To determine which applicant military and commercial business among clusive in that operation by the appli­ members, in this connection, it is to be would- provide the public with better cants as proposed would result in pro­ understood that any order of approval of aeronautical advisory service based on hibited overlap of contours as defined in instant agreement would not extend to the following considerations: § 73.37 of the Commission's rules. other resolutions or actions taken by NÀGA (1) Location of the fixed-based °r the members thereof. Any such matters operation and proposed radio station in 3. Except as indicated by the issues which are subject to section 412 of the Act relation to the landing area and traffic specified below, the applicants are quali­ must be separately submitted to the Board fied to construct and operate as proposed. lor approval. patterns; (2) Hours of operation; However, since the proposals are mu­ “ Such comments shall conform with the tually exclusive, they must be designated general requirements of the Board’s rules of (3) Personnel available to provide ad­ visory service; for hearing in a consolidated proceeding practice in economic proceedings. Further, on the issues specified below. nwvtrirïf? nPPortunity to file comments is (4) Experience of applicant and em­ P vided for, petitions for reconsideration of ployees in aviation and aviation com­ s order will not be entertained. munications; 1 Commissioner Johnson absent.

FEDERAL REGISTER, V O L 33, NO. 124— WEDNESDAY, JUNE 26, 1968 No. 124------5 9 3 5 8 NOTICES

4. It is ordered, That, pursuant to sec­ Mo., Paducah, Ky., Harrisburg, HI., tele­ Cunard Line, Ltd., "Queen Elizabeth”, tion 309(e) of the Communeations Act vision market (ARB 80). “Carmania”, “Franconia”, Certificate No. of 1934, as amended, the applications are As a result of agreements reached on P-65, Effective date: May 7, 1968. designated for hearing in a consolidated the record of a prehearing conference in State of Alaska, “M /V Wickersham”, Certif­ proceeding, at a time and place to be the above matter held June 18, 1968: icate No. P-66, Effective date: June 13, specified in a subsequent order, upon the It is ordered, That : 1968. following issues: (1) Exhibits for the direct case shall Dated: June 20,1968. (1) To determine the areas and popu­ be exchanged October 14, 1968, (2) Exhibits of respondents shall be T homas L is i, lations which may be expected to gain Secretary. or lose primary service from the pro­ furnished October 30,1968, posed operations of Stations WKPO and (3) Notification of witnesses shall oc­ [F.R. Doc. 68-7541; Filed, June 25, 1968; WYNK and the availability of other pri­ cur November 7,1968, and 8:46 a.m.] mary service to such areas and popula­ (4) The hearing is scheduled to com­ tions, mence at 10 a.m., November 18, 1968, AUSTRALIA/U.S. ATLANTIC & GULF (2) To determine, in the light of sec­ in the Commission’s offices in Washing­ tion 307(b) of the Communications Act ton, D.C. CONFERENCE of 1934, as amended, which of the pro­ Issued: June 19,1968. Notice of Agreement Filed for posals would better provide a fair, effi­ Approval cient and equitable distribution of radio Released: June 20,1968. service. Notice is hereby given that the fol­ F ederal C ommunications lowing agreement has been filed with (3) To determine, in the light of the C o m m issio n , evidence adduced pursuant to the-fore­ the Commission for approval pursuant to [ seal] B en F. W aple, section 15 of the Shipping Act, 1916, as going issues, which, if either, of the ap­ Secretary. plications should be granted. amended (39 Stat. 733, 75 Stat. 763, 46 [F.R. Doc. 68-7586; Filed, June 25, 1968; U.S.C. 814). 5. It is further ordered, That, in the 8:50 a.m.'] event of a grant of either application, Interested parties may inspect and ob­ the construction permit shall contain the tain a copy of the agreement at the following condition: Any presunrise op­ Washington office of the Federal Mari­ eration must conform with §§ 73.87 and FEDERAL MARITIME COMMISSION time Commission, 1321 H Street NW., 73.99 of the rules, as amended June 28, Room 609; or may inspect agreement at 1967 (32 P.R. 10437), supplementary pro­ CUNARD LINE, LTD., AND STATE OF the offices of the District Managers, New ceedings (if any) involving Docket No. ALASKA York, N.Y., New Orleans, La., and San 14419, and/or the final resolution of mat­ Francisco, Calif. Comments with refer­ ters at issue in Docket No. 17562. Financial Responsibility To Meet Lia­ ence to an agreement including a re­ 6. It is further ordered, That, to avail bility Incurred for Death or Injury to quest for hearing, if desired, may be sub­ themselves of the opportunity to be Passengers or Other Persons on mitted to the Secretary, Federal Mari­ heard, the applicants herein, pursuant to time Commission, Washington, D.C. Voyages; Notice of Issuance of 20573, within 20 days after publication § 1.221(c) of the Commission’s rules, in Certificate (Casualty) person or by attorney, shall, within 20 of this notice in the F ederal R egister. days of the mailing of this order, file with Notice is hereby given that pursuant to A copy of any such statement should also the Commission, in triplicate, a written the provisions of section 2, Public Law be forwarded to the party filing the appearance stating an intention to ap­ 89-777 (80 Stat. 1356, 1357) and Fed­ agreement (as indicated hereinafter) pear on the date fixed for the hearing eral Maritime Commission General Or­ and the comments should indicate that and present evidence on the issues speci­ der 20 (46 CFR Part 540) that a certifi­ this has been done. fied in this order. cate of financial responsibility to meet Notice of agreement filed for approval 7. It is further ordered, That the ap­ liability incurred for death or injury to by: plicants herein shall, pursuant to sec­ passengers or other persons on voyages Mr. E. F. Reardon, Australia/U.S. Atlantic & tion 311(a)(2) of the Communications has been issued to the following: Gulf Conference, 17 Battery Place, New York, N.Y. 10004. Act of 1934, as amended, and § 1.594 of Cunard Line, Ltd., “Queen Elizabeth”, “Car- the Commission’s rules, give notice of the mania”, “Franconia”, Certificate No. C— Agreement 9450-2, between member hearing, either individually or, if feasible 1,061, Effective date: May 7, 1968. lines of the Australia/U.S. Atlantic & and consistent with the rules, jointly, State of Alaska, “M /V Wickersham”, Certifi­ Gulf Conference, amends Article 6(a) within the time and in the manner pre­ cate No. C-1,062, Effective date: June 13, 1968. of the basic • agreement (9450, as scribed in such rules, and shall advise amended) to provide for the assessment the Commission of the publication of Dated: June 20,1968. of a conference admission fee of $5,000 such notice as required by § 1.594(g) of T homas L is i, (five thousand dollars) for new mem­ the rules. Secretary. bers, no part of which is to be returned Adopted: June 18,1968. except upon dissolution of the Confer­ [F.R. Doc. 68-7540; Filed, June 25, 1968; ence. Released: June 20,1968. 8:46 a.m.] Dated: June 20,1968. F ederal C ommunications C o m m issio n , CUNARD LINE, LTD., AND STATE OF By order of the Federal Maritime [ seal] G eorge S. S m it h , ALASKA Commission. Chief, Broadcast Bureau. T homas L is i, Indemnification of Passengers for Secretary. [P.R. Doc. 68-7585; Filed, June 25, 1968; Nonperformance of Transportation; 8:50 a.m.] [F.R. Doc. 68-7542; Filed, June 25, 1968; Notice of Issuance of Certificate 8:46 a.m.] (Performance) [Docket No. 18139; FCC 68M-971] Notice is hereby given that pursuant to THAILAND/U.S. ATLANTIC & GULF MULTI-CHANNEL CABLE CO. the provisions of section 3, Public Law CONFERENCE RUBBER POOL 89-777 (80 Stat. 1357, 1358) and Federal Order Regarding Procedural Dates Maritime Commission General Order 20 Notice of Agreement Filed for In re petition by Multi-Channel Cable (46 CFR Part 540) that a certificate of Approval Co., Paducah, Ky., Docket No. 18139, financial responsibility for indemnifica­ File No. CATV 100-120, for authority tion of passengers for nonperformance Notice is hereby given that the follow­ pursuant to § 74.1107 of the rules to oper­ of transportation has been issued to the ing agreement has been filed with the ate CATV systems in the Cape Girardeau, following: Commission for approval pursuant to

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 NOTICES 9 3 5 9 section 15 of the Shipping Act, 1916, as and the comments should indicate that By order of the Federal Maritime amended (39 Stat. 733, 75 Stat. 763, 46 this has been done. Commission. UJ3.C.814). Notice of agreement filed for approval T h o m as L i s i, Interested parties may inspect and by; Secretary. obtain a copy of the agreement at the Mr. R. J. Flynn, Chairman, New York Com­ [F.R. Doc. 68-7545; Filed, June 25, 1968; Washington office of the Federal Mari­ mittee of Inward Far East Lines, 11 Broad­ 8:47 a.m .l time Commission, 1321 H Street NW., way, New York, N.Y. 10004. Room 609 ; or may inspect agreement at Agreement 6010-14, between the mem­ [Docket No. 68-32] the offices df the District Managers, New ber lines of Straits/New York Confer­ York, N.Y., New Orleans, La., and San ence, amends the basic Agreement 6010, MATSON NAVIGATION CO. Francisco, Calif. Comments with refer­ as amended, by the addition of Article ence to an agreement including a re­ 10 (m) which (1) requires an agent of Elimination of Rates on Containeriz- quest for hearing, if desired, may be a Conference carrier to agree that he able Cargo in Conventional Break- submitted to the Secretary, Federal will not represent, except as husband­ Bulk Service; Notice of Investigation Maritime Commission, Washington, D.C. ing agent or chartering broker, any com­ 20573, within 20 days after publication Matson Navigation Co. (Matson) has mon, private or contract carrier in the filed with the Federal Maritime Com­ of this notice in the F ederal R egister. trade within the scope of the Conference A copy of any such statement should also mission Tariff FMC-F No. 141, which agreement other than a carrier who is cancels Tariff FMC-F No. 136, to become be forwarded to the party filing the a party to the Conference agreement and agreement (as indicated hereinafter) effective June 22,1968. These tariffs con­ (2) provides that each Conference car­ tain rates applicable to Matson’s conven­ and the comments should indicate that rier is responsible to the other parties this has been done-. tional break-bulk service, as distinct of the Conference for any loss or dam­ from its containerized service. However, Notice of agreement filed for approval age sustained by the other carriers by by: new Tariff FMC-F No. 141 eliminates all reason of any act or ommission of his specific commodity rates previously pub­ Mr. R. J. Flynn, Chairman, New York Com­ agent. lished in Tariff FMC-F No. 136 applicable mittee of Inward Far East Lines, 11 Broad­ way, New York, N.Y. 10004. Dated: June 20,1968. to commodities which áre containeriz- able, i.e., those which can be shipped in Agreement 8061-12, between member By order of the Federal Maritime Commission. Matson’s 24 foot by 8 foot by 8 foot con­ lines of the Thailand/U.S. Atlantic & tainers. Under provisions in this new Gulf Conference (Agreement 8100, as T h o m as L is i, Secretary. tariff no containerizable cargo will here­ amended), would modify Agreement 8061 after be carried by Matson under the (Siam Rubber Pool) to reapportion the [F.R. Doc. 68-7544; Filed, June 25, 1968; rates published therein, and on cargo percentage of rubber which each indi­ 8:47 a.m.] , which is containerizable, rates pub­ vidual carrier is entitled to lift per an­ lished in Matson’s eastbound and west­ num because of the withdrawal of STATES MARINE LINES bound container tariffs will hereafter be Compagnie Maritime des Chargeurs applicable. Reunis from Agreement 8100; and to in­ Notice of Agreement Filed for On a number of commodities to which crease from 34.30 to 36.25 percent the Approval rates had previously been applicable in aggregate percentage* share of American conventional Tariff FMC-F No. 136, the flag carriers as a class. Notice is hereby given that the follow­ container rates which will be applicable Dated; June 20,1968. ing agreement has been filed with the after June 22,1968 will apparently result Commission for approval pursuant to in increases in rates. Some of these in­ By order of the Federal Maritime section 15 of the Shipping Act, 1916, as creases appear to be substantial and Commission. amended (39 Stat. 733, 75 Stat. 763, 46 based upon protests received, may have • T hom as L i s i, U.S.G. 814). a serious adverse impact upon shippers Secretary. Interested parties may inspect and in the Hawaii trade. The Commission, IF.R. Doc. 68-7543; Filed, June 25, 1968; obtain a copy of the agreement at the therefore, is instituting an investigation 8:46 a.m.] Washington office of the Federal Mari­ to determne whether such increases in time Commission, 1321 H Street NW., rates may be unjust or unreasonable. Room 609; or may inspect agreements at This investigation, furthermore, will STRAITS/NEW YORK CONFERENCE the offices of the District Managers, New consider whether the practice of Matson Notice of Agreement Filed for York, N.Y., New Orleans, La., and San to hereafter refuse to carry any con­ Francisco, Calif. Comments with refer­ tainerizable cargo in its conventional Approval ence to an agreement including a request break-bulk service under Tariff FMC-F Notice is hereby given that the follow­ for hearing, if desired, may be submitted No. 141, and to require containerizable ing agreement has been filed with the to the Secretary, Federal Maritime cargo to be carried exclusively on its con­ Commission for approval pursuant to Commission, Washington, D.C. 20573, tainer service, may be contrary to section section 15 of the Shipping Act, 1916, as within 20 days after publication of this 14, Fourth and/or section 16, First. amended (39 Stat. 733, 75 Stat. 763, 46 notice in the F ederal R egister. A copy It is ordered, That pursuant to au­ U.S.C. 814). of any such statement should also be thority of section 3 of the Intercoastal Interested parties may inspect and forwarded to the party filing the agree­ Shipping Act, 1933, and section 22 of the obtain a copy of the agreement at the ment (as indicated hereinafter) and Shipping Act, 1916, an investigation be Washington office of the Federal Mari­ the comments should indicate that this hereby instituted into the lawfulness of n e Commission, 1321 H Street NW., has been done. Matson’s rates, and practices under sec­ Room 609; or may inspect agreement at Notice of agreement filed for approval tions 14, Fourth, 16, First, and 18(a) of the offices of the District Managers, New by: the Shipping Act, 1916, and sections 3 York, N.Y., New Orleans, La., and San Mr. William A. Craig, Counsel, States Marine and 4 of the Intercoastal Shipping Act, Francisco, Calif. Comments with refer­ Lines, Inc., 90 Broad Street, New York, 1933, to determine whether the higher ence to an agreement including a re- N.Y. 10004. container rates hereafter applicable to certain commodities may be unjust or for hearing, if desired, may be Agreement No. 7628-5, between States submitted to the Secretary, Federal unreasonable, and whether the refusal of Maritime Commission, Washington, D.C. Marine Lines, Inc., and Global Bulk Matson to hereafter carry container- ¿0573, within 20 days after publication Transport, Inc., modifies the basic agree­ izable cargo under its conventional Tariff of this notice in the F ederal R egister. ment to add ports in Pakistan to the FMC-F No. 141 may be unfair or un­ A copy of any such statement should also range of ports presently served by this justly discriminatory between shippers, joint service. or may give an undue or unreasonable ^ forwarded to the party filing the preference or advantage in any respect agreement (as indicated hereinafter) Dated: June 20, 1968. whatsoever.

FEDERAL REGISTER, V O L 33, NO. 124— WEDNESDAY, JUNE 26, 1968 9360 NOTICES It is further ordered, That the inves­ the Commission’s Chief of the Bureau designated by him as Chairman at the tigation in this proceeding shall not be of Natural Gas; office of the Federal Power Commission, confined to the matters and issues here­ 1. Purpose. The purpose of the Com­ 441 G Street NW., Washington, D.C. inbefore stated as the reason for insti­ mittee shall be to assist the Commis­ 20426. Subsequent meetings normally tuting this investigation, but shall in­ sion in the study and development of will be convened at the call of the Secre­ clude all matters and issues with respect standards and to the extent possible, tary or as otherwise directed. Ordinarily, to the lawfulness of the said schedule specific proposals for transporting natu­ meetings will be held during the regu­ under the Shipping Act, 1916, or the ral gas from off-shore fields (including lar working hours of the Federal Power Intercoastal Shipping Act, 1933. but not necessarily limited to fields off­ Commission. * It is further ordered, That Matson shore Southern Louisiana) which based 7. Report of the Committee. The re­ Navigation Co. be named as respondent upon available natural gas reserves in­ ports and records of the Committee will in this proceeding; formation and the current level of pipe­ be presented to the Chief of the Bureau It is further ordered, That Fibreboard line technology, will present economi­ of Natural Gas in written form. The con­ Corp., American Can Co., Kaiser Steel cally optimum means for transporting tent shall be limited to matters relating Corp. and Kaiser Gypsum Co. be named off-shore gas to on-shore delivery points. to those set forth in item 1, Purpose. as petitioners in accordance with the The studies should, to the extent pos­ 8. Duration of the Committee. The sible, be reflective of existing off-shore Committee shall terminate not later than Commission’s rules of practice and pro­ transmission systems, economies of scale, cedure; 2 years subsequent to its establishment high utilization of facilities, and the most unless the Commission determines, in It is further ordered, That this pro­ expeditious means for the attachment of ceeding be assigned for public hearing writing, not more than 60 days prior to available off-shore gas reserves to pipe­ the expiration of such 2-year period, that before an examiner of the Commission’s line transmission facilities. Office of Hearing Examiners; continued existence of the Committee is The results of the Committee’s work, in the public interest. A like determina­ It is further ordered, That (I) a copy of upon approval by the Chief, Bureau of tion by the Commission shall be required this order shall forthwith be served upon Natural Gas will be made public so that not more than 60 days prior to the end the respondent and petitioners herein; they may be made available for con­ of each subsequent 2-year period to con­ (II) the said respondent and petitioners sideration and utilization by natural gas tinue the existence of the Committee be duly notified of the time and place companies on an individual or joint- of the hearing; and (III) this order be thereafter. company basis. 9. The Secretary of the Commission published in the F ederal R egister and The Committee shall not advise or notice of said hearing be served upon the make recommendations with respect to shall cause prompt publication of this respondent and petitioners. any case or controversy pending before order to be made in the F ederal R egister the Commission. in accordance with the provisions of the All persons (including individuals, cor­ Bureau of the Budget Circular No. A-63. porations, associations, firms, partner­ 2. Selection of Committee members. ships, and public bodies) having an in­ All Committee members and alternates By the Commission. shall be selected by the Chairman of the terest in this proceeding and desiring to [ seal] K enneth F. P lumb, intervene therein, should notify the Sec­ Commission with the approval of the Acting Secretary. retary of the Commission promptly and Commission. file petitions for leave to intervene in 3. Conduct of meetings. The Chair­ [F.R. Doc. 68-7523; Filed, June 25, 1968; accordance with Rule 5(1) (46_ CFR man of the Commission designates the 8:45 a.m.] 502.72) with a copy to respondent and Chief of the Bureau of Natural Gas or petitioners. the latter’s duly appointed staff repre­ [Docket No. CP68-350] sentative as the Chairman of Committee By the Commission. meetings. The Committee Chairman shall EL PASO NATURAL GAS CO. [ seal] T homas L i s i , be responsible for opening, conducting Notice of Application Secretary. meetings, and for adjourning meetings, R espondent when in his judgment* adjournment is *June 18, 1968. Matson Navigation Co., 100 Mission Street, in the public interest. Take notice that on June 11, 1968, El San Francisco, Calif. 94105. 4. Minutes. The Chairman of the Com­ Paso Natural Gas Co. (Applicant), Post Office Box 1492, El Paso, Tex. 79999, filed P etitioners mission having made a finding that maintenance of a verbatim transcript in Docket No. CP68-350 an application Fibreboard Corp., 475 Brannan Street, San would be impractical and not in the pub­ pursuant to section 7(c) of the Natural Francisco, Calif. 94119. lic interest, there shall be kept by the •Gas Act for a certificate of public con- American Can Co., 100 Park Avenue, New -venienoe and necessity authorizing the York, N.Y. 10017. Secretary of the Committee, in lieu Kaiser Steel Corp., 300 Lakeside Drive, Oak­ thereof, a record of persons present, a construction and operation of certain land, Calif. 94604. description of matters discussed and facilities and the sale and delivery of nat­ Kaiser Gypsum Co., 300 Lakeside Drive, Oak­ conclusions reached and copies of all re­ ural gas to Cascade Natural Gas Corp. land, Calif. 94604. ports received, issued or approved by the (Cascade) for resale and distribution in [F.R. Doc. 68-7572; Filed, June 25, 1968; Committee. the communities of Sultan, Startup, 8:49 a.m.] 5. Secretary of the Committee. The Goldbar, and Granite Falls, Wash., and Chairman of the Commission delegates Stanfield, Oreg., and their respective en­ virons, all as more fully set forth in the to the Chief of the Bureau of Natural application which is on file with the Gas the authority to appoint a Secre­ Commission and open to public inspec­ FEDERAL POWER COMMISSION tary for the Committee from the Com­ mission’s staff who shall be responsible tion. TECHNICAL ADVISORY COMMITTEE Specifically, Applicant seeks a u th o r iz a ­ ON TRANSMISSION FACILITIES FOR for preparing summary minutes of all Committee meetings, preparing agenda, tion to construct and operate three OFF-SHORE NATURAL GAS notifying members of the meetings, and measuring and regulating stations and necessary appurtenances at three loca­ Establishment maintaining all records relating to or­ ganization, membership, and operation tions adjacent to its 4l/z-inch O.D. G ro tto J une 19,1968. of each Committee. The Secretary or his Lateral and one measuring and re g u la t­ It is hereby determined, in connection alternate shall be present during all ing station adjacent to its 26-inch OD- with the performance of duties imposed meetings and shall certify the accuracy Ignacio-Sumas Line, all in Snohorrusn by the Federal Power Commission that it of all minutes. County, Wash., and to make deliveries is in the public interest that a Technical of gas to Cascade at the outlet of sue 6. Location and time of meetings. The facilities for resale and distribution i Advisory Committee on Transmission initial meeting of the Committee will Facilities for Off-Shore Natural Gas be convene at the call of the Chief of the Sultan, Startup, Goldbar, and G r a n ite established to make periodic reports to Bureau of Natural Gas or the individual Falls. Deliveries of gas by Applicant

FEDERAL REGISTER, VÇL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 NOTICES 9361

Cascade for resale and distribution in Louisiana), all as more fully set forth ceed 25 percent of the Applicant’s most Stanfield, Oreg., will be made at the out­ in the application which is on file with recent 12 months revenue from the sale let of a measuring and regulating station the Commission and open to public of electricity and gas, which would to be constructed by Pacific Gas Trans­ inspection. presently permit the issuance of more mission Co. (PGT) at a point adjacent to Specifically, Applicant seeks authori­ than $6,500,000.' PGT’s 36-inch O.D. pipeline in Umatilla zation to acquire the Locust Ridge Proc­ -The interest rate on the notes issued County, Oreg. essing Plant of Texas San Juan located to commercial banks will not exceed Applicant states that the proposed in Tensas Parish, La., and to continue one-quarter percent above the Conti­ sales and deliveries of natural gas to Cas­ to sell natural gas to American Louisiana. nental Illinois National Bank and Trust cade will provide Cascade with long-term Further, Applicant seeks to acquire all Company of Chicago prime rate in effect natural gas supplies necessary to enable of the facilities of Tensas and to continue at the time of the borrowing. It is antici­ Cascade to satisfy the requirements of to sell natural gas to Humble. pated that the interest rate on com­ consumers thereof located in areas Total estimated cost of acquiring the mercial paper at the time of issuance where, heretofore, natural gas has not facilities is $400,000, with $100,000 beirig will, in general, average from one- been available. allocated to the Locust Ridge Processing quarter percent to one percent below The total estimated cost of Applicant’s Plant of Texas San Juan and the re­ the prime bank rate; however, on oc­ proposed facilities, including the facili­ mainder to the facilities of Tensas. The casions it is possible the interest rate ties to be constructed by PGT, is $37,306. cost of acquisition is to be financed by could exceed the prime rate. Applicant proposes to finance such cost bank loans. Notes will be issued from time to time by means of working funds. Protests or petitions to intervene may as the need for funds arises with Protests or petitions to intervene may be filed with the Federal Power Commis­ maturity dates not in excess of 90 days be filed with the Federal Power Commis­ sion, Washington, D.C. 20426, in accord­ from the date of issue on the notes issued sion, Washington, D.C. 20426, in accord­ ance with the rules * of practice and to commercial banks, but not later than ance with the rules of practice and pro­ procedure (18 CFR 1.8 or 1.10) and the July 1, 1970. Promissory notes issued to cedure (18 CFR 1.8 or 1.10) and the regulations under the Natural Gas Act commercial paper dealers will be issued regulations under the Natural Gas Act (§ 157.10) on or before July 15,1968. from time to time with varying matu­ (§ 157.10) on or before July 15,1968. Take further notice that, pursuant to rities, but no note will have a maturity Take further notice that, pursuant to the authority contained in and subject to of more than 270 days from date of is­ the authority contained in and subject to the jurisdiction conferred upon the Fed­ suance nor will any note be extended the jurisdiction conferred upon the Fed­ eral Poorer Commission by sections 7 and or renewed or contain any provision for eral Power Commission by sections 7 and 15 of the Natural Gas Act and the Com­ automatic “rollover”. 15 of the Natural Gas Act and the Com­ mission’s rules of practice and procedure, The proceeds from the issuance of the mission’s rules of practice and procedure, a hearing will be held without further commercial paper will be used to restore a hearing will be held without further notice before the Commission on this the company’s working capital which notice before the Commission on this ap­ application if no protest or petition to has been depleted by its being used in plication if no protest or petition to in­ intervene is filed within the time required part to provide interim funds for con­ tervene is filed within the time required herein, if the Commission on its own re­ struction expenditures, and the proceeds herein, if the Commission on its own view of the matter finds that a grant of from the issuance of the notes to com­ review of the matter finds that a grant the certificate is required by the public mercial banks will be added to the of the certificate is required by the public convenience and necessity. If a protest general funds of the company, which convenience and necessity. If a protest or or petition for leave to intervene is timely general funds will be used, among other petition for leave to intervene is timely filed, or if the Commission on its own things, to provide, in part, interim funds filed, or if the Commission on its own motion believes that a formal hearing is for construction expenditures heretofore motion believes that a formal hearing is required, further notice of such hearing made and to be made in 1968 and 1969. required, further notice of such hearing will be duly given. The principal items in this program will be duly given. Under the procedure herein provided include the expenditure of $3.9 million Under the procedure herein provided for, unless otherwise advised, it will be for construction work on the 215,000-kw for, unless otherwise advised, it will be unnecessary for Applicant to appear or generating station near Burlington, unnecessary for Applicant to appear or be represented at the hearing. $980,000 for construction work on a 60 be represented at the hearing. K e n n e t h F . P l u m b , mile 161-kv transmission line from ap­ licantes Fairfield substation to Moulton, K e n n e t h F . Pl u m b , Acting Secretary. Acting Secretary. Iowa, and $540,000 for construction work [F.R. Doc. 68-7547; Filed, June 25, 1968; on a substation near Newton, Iowa. [PH. Doc. 68-7546; Filed, June 25, 1968; 8:47 a.m.] 8:47 a.m.] Any person desiring to be heard or to [Docket No. E-7425] make any protest with reference to said [Docket No. CP68-349] application should on or before July 3, IOWA SOUTHERN UTILITIES CO. 1968, file with the Federal Power Com­ HORNER AND SMITH mission, Washington, D.C. 20426, peti­ Notice of Application tions or protests in accordance with the Notice of Application Ju n e 19,1968. requirements of the Commission’s rules J u n e 18, 1968. Take notice that on June 17, 1968, of practice and procedure (18 CFR 1.8 Take notice that on June 11, 1968, Iowa Southern Utilities Co. (Applicant) or 1.10). The application is on file and Horner and Smith (Applicant), 1810 filed an application seeking an order available for public inspection. nank of the Southwest Building, Hous- pursuant to section 204 of the Federal K e n n e t h F . P l u m b , w>n, Tex. 77002, filed in Docket No. CP68- Power Act authorizing the issuance of Acting Secretary. "49 an application pursuant to section short-term Promissory Notes in an aggre­ [F.R. Doc. 68-7522; Filed, June 25, 1968; un Natural Gas Act for a cer- gate amount not to exceed $14,500,000. 8:45 a.m.] wncate of public convenience and neces- The Applicant is incorporated under authorizing (l) the acquisition of the laws of the State of Iowa with its [Docket No. CP68-190] e facilities of Tensas Gas Gathering principal business office at Centerville, orp. (Tensas,) and the continuation of Iowa, and is engaged in the electric MICHIGAN WISCONSIN PIPE LINE e associated sale of natural gas to utility business in 24 counties in Iowa. CO. M OU and Refining Co. (Humble) ; The Applicant proposes to issue notes nf acquisition of the facilities to both commercial banks and to com­ Notice of Petition To Amend Tnoiffas ®an Juan Oil Corp. (Texas San mercial paper dealers. The notes issued J u n e 18, 1968. an,d the continuation of the asso- to commercial banks will not exceed Take notice that on June 10, 1968, t mi. . sale of natural gas to American $8 million and the notes to be issued to Michigan Wisconsin Pipe Line Co. (Peti­ ouisiana Pipe Line Co. (American commercial paper dealers will not ex­ tioner), 1 Woodward Avenue, Detroit,

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 9362 NOTICES

Mich. 48226, filed in Docket No. CP68- recoverable natural gas reserves in (2) 5 miles of 6-inch loop on the Rusk, 190 a petition to amend the order of the Blocks 7 and 10, South Marsh Island Tex., lateral in Cherokee, Tex. Commission issued in this docket on Area, Offshore Louisiana. (3) Replace 943 feet of 8-inch pipeline April 15, 1968, by requesting authoriza­ Specifically, Applicant proposes to at various locations in Gregg, Rusk, tion to increase its Maximum Daily construct, so as to connect to its system Smith, and Cherokee Counties, Tex. Quantity (MDQ) to certain of its custom­ the Shell reserves, 18.4 miles of 12-inch Total estimated cost of the proposed ers, all as more fully set forth in the gas supply lateral together with related facilities is $366,600 to be financed from petition to amend which is on file with facilities. funds on hand. the Commission and open to public in­ The total cost of the proposed facili­ Protests or petitions to intervene may spection. ties is $2,637,000, which cost will be be filed with the Federal Power Commis­ By the order of April 15, 1968, the financed with borrowings under lines of sion, Washington, D.C. 20426, in accord­ Petitioner was authorized to increase credit, retained earnings, and internally ance with the rules of practice and pro­ its MDQ to certain of its customers. generated funds. cedure (18 CFR 1.8 or 1.10) and the By the instant filing, Petitioner seeks Protests or petitions to intervene may regulations under the Natural Gas Act authorization to make certain changes, be filed with the Federal Power Com­ (§ 157.10) on or before July 15, 1968. either in the MDQ or in the rate sched­ mission, Washington, D.C. 20426, in ac­ Take further notice that, pursuant to ule under which service is to be ren­ cordance with the rules of practice and the authority contained in and subject dered by Petitioner, to 17 of its custom­ procedure (18 CFR 1.8 or 1.10) and the to the jurisdiction conferred upon the ers for the contract year commencing regulations under the Natural Gas Act Federal Power Commission by sections 7 September 1, 1968. (§ 157.10) on or before July 15, 1968. and 15 of the Natural Gas Act and the Petitioner states that since prepara­ Take further notice that, pursuant to Commission’s rules of practice and pro­ tion of the application in this proceed­ the authority contained in and subject cedure, a hearing will be held without ing, all of its customers have reviewed to the jurisdiction conferred upon the further notice before the Commission on their requirements in the light of their Federal Power Commission by sections 7 this application if no protest or petition actual residential, commercial, and in­ and 15 of the Natural Gas Act and the to intervene is filed within the time re­ dustrial growth and operations experi­ Commission’s rules of practice and pro­ quired herein, if the Commission on its enced during this past winter. As a cedure, a hearing will be held without own review of the matter finds that a result of such review, certain of Peti­ further notice before the Commission grant of the certificate is required by the tioner’s customers have requested a on this application if no protest or peti­ public convenience and necessity. If a modification in their MDQ entitlement tion to intervene is filed within the time protest or petition to intervene is timely and/or a change in rate schedule under required herein, if the Commission on filed, or if the Commission on its own which service will be rendered. its own review of the matter finds that motion believes that a formal hearing is The Petitioner states that the re­ a grant of the certificate is required, by required, further notice of such hearing quested MDQ modifications will result the public convenience and necessity. If will be duly given. in a net aggregate increase of 35,996 Mcf a protest or petition for leave to inter­ Under the procedure herein provided per day which can be served from a por­ vene is timely filed, or if the Commission for, unless otherwise advised, it will be tion of an unallocated capacity of 97,000 on its own motion believes that a formal unnecessary for Applicant to appear or Mcf per day. hearing is required, further notice of be represented at the hearing. Protests or petitions to intervene may such hearing will be duly given. ~ K enneth F. P lum b, be filed with the Federal Power Commis­ Under the procedure herein provided Acting Secretary. sion, Washington, D.C. 20426, in accord­ for, unless otherwise advised, it will be ance with the rules of practice and pro­ unnecessary for Applicant to appear or [F.R. Doc. 68-7550; Filed, June 25, 1968; cedure (18 CFR 1.8 or 1.10) and the be represented at the hearing. 8:47 a.m.] regulations under the Natural Gas Act. K enneth F. P lu m b, (§ 157.10) on or before July 15, 1968. Acting Secretary. [Docket No. E-7278] K enneth F. P lu m b, [F.R. Doc. 68-7549; Filed, June 25, 1968; VILLAGE OF ELBOW LAKE, MINN. Acting Secretary. 8:47 ajn.J AND OTTER TAIL POWER CO. [F.R. Doc. 68-7548; Filed, June 25, 1968; 8:47 a.m.] [Docket No. CP68-352] Notice Fixing Place of Hearing J une 18,1968. [Docket No. CP68-353] UNITED GAS PIPE LINE CO. Take notice that a hearing in the MICHIGAN WISCONSIN PIPE LINE Notice of Application above-designated .matter fixed by order CO. J une 18,1868. or June 14, 1968, and set for July 9,1968, at 10 a.m., c.d.s.t., will be held in a court­ Take notice that on June 11, 1968, Notice of Application room in the U.S. Post Office and Court­ United Gas Pipe Line Co. (Applicant), house, 118 South Mill Street, Fergus J une 18, 1968. Post Office Box 1407, Shreveport, La. 71102, filed in Docket No. CP68-352 an Falls, Minn. Take notice that on June 11, 1968, K enneth F. Plumb, . Michigan Wisconsin Pipe Line Co. (Ap­ application pursuant to section 7(c) of Acting Secretary. plicant), 1 Woodward Avenue, Detroit, the Natural Gas Act for a certificate of Mich. 48226, filed in Docket No. CP68- public convenience and necessity author­ [F.R. Doc. 68-7551; Filed, June 25, 1968; 353 an application pursuant to section izing the construction and operation of 8:47 a.m.J 7 (c) of the Natural Gas Act for a certifi­ certain facilities to provide additional cate of public convenience and necessity pipeline capacity in order to meet the WASHINGTON authorizing the construction and opera­ anticipated requirements of its customers tion, in and around the South Marsh now being served in Gregg, Rusk, Smith, Order Partially Vacating Withdrawal Island Area, Offshore Louisiana, of cer­ Cherokee, Anderson, Houston, Trinity, of Lands tain natural gas facilities for the trans­ and Walker Counties, Tex., all as more portation of natural gas in interstate fully set forth in the application which J une 18,1968. commerce, all as more fully set forth in is on file with the Commission and open Lands withdrawn in Project No. 2199. the application which is on file with the to public inspection. Application has been filed by the u-o- Commission and open to public inspec­ Specifically, Applicant seeks to con­ Forest Service (Applicant) for vacatio tion. struct the following facilities: of the power withdrawal pertaining Applicant states that it has entered (1) 5.4 miles of 6-inch loop on the the following described lands of tn into a conventional contract with Shell Henderson, Tex., lateral in Rusk County, United States located within the U Oil Co. (Shell) for the purchase of all Tex. ford Pinchot National Forest:

FEDERAL REGISTER, V O L 33, NO. 124— WEDNESDAY, JU N E 26, 1968 NOTICES 9363

Willamette M eridian, W ashington vey for the restoration of lands remain­ Sec. 13, NW1/4NE1/4 (PSC 45), SW % N E% T! 4 N., R. 9 E., ing withdrawn under Power Site Reserve (PSC 45, Proj. 564), NE% N W % (PSC 45), Sec. 9, SE % SE % , unsurveyed; Nos. 655 and 656 and Power Site Classi­ NWy4NWi/4 (PSC 45, Proj. 550), Si/2 sec. io, w^NE%swi4, wy2sw}4; fication Nos. 45, 80, 240, and 267 in the NW^4 (PSC 45), N1/2SW1,4 (PSC 45), Sec. 16, Ei/2NEi/4 , SW i4N E % , E & S W ft, SW1/4SW1/4 (PSC 45); Kern River area in California as de­ Sec. 14, NE 14NE 14 (PSC 45, Proj. 550), SE%, unsurveyed; scribed in the attached schedule. NWy4> NWft&Wft, SB%SW%, NE%SEy4, NW 14 NE % (PSC 45), Sy2 NEi/4 (PSC 45, S1/2SE % ; A study of the Kern River made by Proj. 550), NE 14SW 1/4 (PSC 45, Proj. Sec. 16, E & N E ii, S W ^ N E ^ , Ei/2SW % , the Geological Survey indicates that 550), SE1/4SW1/4 (PSC 45), NE 14 SE 14 SE14, unsurveyed; subject lands- are surplus to the needs of (PSC 45), NW 1 4 SE 14 (PSC 45, Proj. 550), Sec. 21, N E % , NE14NW 14, unsurveyed; existing and proposed projects or are S 1/2 SE14 (PSC 45); Sec. 22, Ni/2SW i4, S E & S W K , W ^ S E 1^; Sec. 15, S1/4SW1/4 (PSC 45, Proj. 550); adequately protected by withdrawals Sec. 16, SE!/4SEi/4 (PSC 45); Sec. 23, N W % N E % ; Sy2NEV4, NWyj,, Ei/2 made specifically for such projects. SW 14, Si/2SE%; Sec. 20, SE1/4SE1/4 (PSC 45, Proj. 550); Sec. 24, Ei/2SW i4S W i4; Lands included in these withdrawals lo­ Sec. 21, Ny2 NEi/4 (PSC 45, Proj. 550), SWy4 Sec. 25, N W y4NW %; cated within the boundaries of existing NE 1/4 (PSC 45, Proj. 550), SE%NE% Sec. 26, E% 'N W % BE% , Ey2w y 2N W ^SE y4, licensed projects have not been included (PSC 45), Ei/2 NWi/4 (PSC 45, Proj. 550), SEy4SEy4; in the Bureau of Land Management’s re­ Ei/2 SWi/4 (PSC 45), N W 14SW 14 (PSC 45, Sec. 27, Ni/2N E% ; quest. Portions of the lands have pre­ Proj. 550), SW 14SW 14 (PSC 45), SE14 Sec. 35, Ni/2NEy4. (PSC 45); viously been the subject of Commission Sec. 22, NE 14 (PSC 45), Ey2NWi/4 (PSC T. 5 N., R. 9 E „ determinations permitting disposal sub­ 1 Sec. 16, SWy4. unsurveyed; 45), NW1/4NW1/4 (PSC 45, Proj. 550), Sec. 17, S y ,, unsurveyed; ject to section 24 of the Federal Power SW1/4NW1/4 (PSC 45), NE 14 SW % (PSC Sec. 18, E % S E % , unsurveyed; Act. 45, Proj. 564), NWi/4SWy4 (PSC 45), Sec. 19, E%NEy4. unsurveyed; In our consideration of the instant ap­ sw y4 sw y4 (PSC 45, Proj. 564), NE 14SE 14 Sec. 20, Ni/2, Ni/2S W % , S E ^ S W i4 , SE % , (PSC 45), NW1/4SE1/4 (PSC 45, Proj. 564) ; plication, we noted that some of the Sec. 23, NW1/4NE1/4 (PSC 45), Si/2 NEi/4 unsurveyed; lands described in the attached schedule Sec. 21, Ni/2NWy4, S W & N W & , N W y4SW %, . (PSC45),NW i/4 (PSC 45), Ni/2 SEi/4 (PSC unsurveyed. were withdrawn for Project Nos. 550 and 45), SE1/4SE1/4 (PSC 45); (Containing approximately 3,370 acres.) 564 pursuant to applications for prelim­ Sec. 27, NW 14NE 14 (PSC 45); inary permit filed on October 30, 1924 Sec. 28, NW1/4NE1/4 (PSC 45, Proj. 564), Applicant proposes to exchange some and September 25, 1925, respectively. NWi/4 (PSC 45), NW1/4SW1/4 (PSC 45, of the subject lands in a land exchange These applications proposed construc­ Proj. 564) ; with the State of Washington. Sec. 30, w y2 SEi/4 (PSC 45); tion of projects at the site of the Isabella Sec. 32, Ny2 NEi/4 (PSC 45, Proj. 564), sy2 The subject lands are withdrawn pur­ Reservoir constructed by the Corps of NE 14 (PSC 45), Ni/2 NWi/4 (PSC 45, Proj. suant to the filing on April 2, 1956, of Engineers. The power withdrawal on 564), SW1/4NW1/4 (PSC 45, Proj. 564), an application for preliminary permit by lands outside of the now existing Isa­ SE14NW 14 (PSC 45), NE V4 SW % (PSC Public Utility District No. 1 of Skamania bella Reservoir except the area studied 45), N W 14SW 14 (PSC- 45, Proj. 564), County, Wash. (District), for proposed by the Corp of Engineers for enlarge­ SW 14SW 14 (PSC 45); Project No. 2199. While the lands were ment of the reservoir, described in the Sec. 33, N W 14NW 14 (PSC 45, Proj. 564). included in the application for permit for T. 25 S.,R . 31 E., attached schedule, no longer serves a Sec. 20, sy2 SEi4SEi4 (PSC 240); reservoir storage purposes, those lands useful purpose. Sec. 21, N 1 4 SE14 (PSC 240) ; were not included in a subsequent appli­ The Commission finds: Sec. 22, S 14NE1 4 , SE14NW 14 (PSC 240). cation for license because, upon investi­ T. 27 S., R. 31 E„ gation under the permit, District de­ (A) The lands described in the at­ tached schedule have no significant Sec. 24, S W 14SE14 (PSC 45) ; cided that the hydroelectric potential of Sec. 25, Ni/2 SWy4 (PSC 45, Proj. 564), S W 14 the stream involved and the area adja­ value for power development, accord­ SW 14 (PSC 45, Proj. 564), SE14SW 14 cent thereto could be developed most ingly, it has no objection to the revoca­ (PSC 45), SE14 (PSC 45); economically by construction of a run- tion of Power Site Reserve Nos. 655 and Sec. 26, E14SE14 (PSC 45, Proj. 564); of-river project with pondage for daily 656, and Power Site Classification Nos. Sec. 28, SE14SW 14 (PSC 45); SW 14SE14 45, 80, 240, and 267. (PSC 45); regulation of the stream flow. Sec. 32, SE14NW 14 (PSC 45) ; The Commission finds: Inasmuch as (B) In the circumstances described Sec. 34, N W 14SW 1 4 SE14 (PSC 45); S 14 the subject lands have negligible, if any, above it is appropriate for the purposes SE14SE14 (PSC 45); power value, the power withdrawal re­ of the Federal Power Act that the power Sec. 35, Ei/2 NEi/4 (PSC 45, Proj. 564), W ^ ferred to above should be vacated to the withdrawals affecting lands in Project NE % (PSC 45), Ni/2 NEi/4SWi/4 (PSC 45), extent that it pertains to the lands. Nos. 550 and 564, as described in the s e 1/4 n e % sw 14 (P sc 4 5 ), sy2 sw y4 sw i/4 attached schedule, which are not oc­ (PSC 45), SE1/4SW1/4 (PSC 45, Proj. 564), The Commission orders: The with­ cupied by the Isabella project as con­ NE 14SE 14 (PSC 45, Proj. 564), NW>/4 drawal of the subject lands pursuant to SE14 (PSC 45), SW1/4SE1/4 (PSC 45, Proj. the application for Project No. 2199 is structed and proposed for enlargement, 564); hereby vacated insofar as it pertains to be vacated. Sec. 36, w y2 NWi/4 (PSC 45). the subject lands. The Commission orders: The Power T. 28 S., R. 31 E., Sec. 5, SE 14NE 14 (PSC 45), SW^SE^ By the Commission. withdrawals for Project Nos. 550 and 564 (PSC 45) ; to the extent they affect lands described Sec. 7, NE 14NE 14 (PSC 45), S%NEÎ4 (PSC [seal] K en neth P. P l u m b , in finding (B) are hereby vacated. 45), SE1/4SW1/4 (PSC 45), SEi/4 (PSC 45) ; Acting Secretary. Sec. 8, NWi/4 (PSC 45), N % SW % (PSC [P.R. Doc. 68-7552; Filed, June 25, 1968; By the Commission. 45 ), SW 14 SW 14 (PSC 45); 8:47 a.m.] Sec. 18, lots 2 and 3 (PSC 45), Ny2 NEi/4 [seal] K e n n e th F . P l u m b , (PSC 45), SW1/4NE1/4 (PSC 45), Ei/2 NWi/4 Acting Secretary. (PSC 45). [Docket No. DA-1080-California] Schedule of L ands T. 22 S., R. 32 E., CALIFORNIA Sec. 24, Ei/2 NEi/4 (PSC 80), SEi/4 (PSC 80); The withdrawal(s) affecting the tract is Sec. 25, E% (PSC 80) ; Order Partially Vacating Withdrawal shown in parentheses. Sec. 36, SE1/4NE1/4 (PSC 80), NE%SE% MOUNT DIABLO MERIDIAN, CALIFORNIA (PSC 80). of Lands T. 23 S., R. 32 E., T. 25 S., R. 29 E.r June 18, 1968. Sec. 1, lots 2 and 3 (PSC 80), SW % NE% Sec. 18, SE%NE% (PSC 240). (PSC 80), W1/4SE1/4 (PSC 80) ; The Bureau of Land Management, De­ T. 28 S., R. 30 E.r Sec. 12, NE % SW 14 (PSC 80), NE 14 SE 14 partment of the Interior, has forwarded, Sec. 11, SE%SEi/4 (PSC 45) ; (PSC 80). for Commission determination pursuant Sec. 12, SE % NE 14 (PSC 45, Proj. 550), S y2 T. 25 S., R. 32 E„ to section 24 of the Federal Power Act, a S W % (PSC 45, Proj. 550), NE%SEi/4 Sec. 25, Sy2SWi/4 (PSC 240), SW 14SEI/4 (PSC 45), NW^SEi/4 (PSC 45, Proj. 550), (PSC 240) ; recommendation of the Geological Sur­ S&SE& (PSC 45); Sec. 36, Ni/2 NEi/4 (PSC 240).

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 9364 NOTICES

T. 26 S., B. 32 E., Sec. 29, N E 4 (PSC 240), S E & N W ^ (PSC Sec. 25, E%NE% (PSC 267), SW &NE& 240), N%SWi4 (PSC 240), sw&swy4 INTERSTATE COMMERCE (PSC 267), NE%SW& (PSC 267), SE& (PSC 240); S W *4 (PSB 656, PSC 267), S W *4S W ^ Sec. 30, NEi4SEy4 (PSC 240)» S y2SEyA (PSC 267), SE% (PSR 655) ; (PSC 240); COMMISSION Sec. 35, SE 14NE^4 (PSR 656), Ni/2SEy4 Sec. 31, N W 14NE14 (PSC 240), Ny2NWy4 [Investigation and Suspension Docket No. (PSR 656), SW%SE^ (PSR 656); (PSC 240). M—22330] Sec. 36, N E # (PSR 655), N % N W % (PSR T. 26 S., R. 33 E„ 656, PSC 267), S W ftN W % (PSR 656, PSC Sec. 31, lot 1 (PSR 655). INCREASED MINIMUM CHARGES, 267), SE 1/4 NW 14 (PSC 267), SE % (PSR Approximately 10,083 acres. WITHIN AND FROM OR TO THE 655). [F.R. Doc. 68-7553; Piled, June 25, 1968; SOUTH T. 27 S., R. 32 E., 8:47 am .] Sec. 1, lots 2 and 3 (PSR 655), SE14NWÎ4 Investigation and Suspension (PSR 655), SW% (PSR 655) ; Sec. 2, S y2 (PSR 655); Present: Laurence K. Walrath, Com­ Sec. 3, NE%SEÎ4 (PSC 45), Sy2SE% (PSC missioner, to whom the matter which is 45); SECURITIES AND EXCHANGE the subject of this order has been re­ Sec. 10, NE 14 (PSC 45), HE*4NWÎ4 (PSC ferred for action thereon. 45), Sy2NWÎ4 (PSC 45), S W # (PSC 45), COMMISSION It appearing, that by Commission or­ NWI/4 SEI/4 (PSC 45); Sec. 11, Ny2Ny2 (PSC 45), SE^ SW 14 (PSC AMERICAN CHECKMASTER SYSTEM, der dated May 27, 1968, in the above- entitled proceeding, an investigation was 45), NWi/4SE% (PSC 45, Proj. 564); INC. Sec. 12, NWy4NWy4 (PSR 655) ; instituted into and concerning the law­ Sec. 14, SW1/4NW14 (PSC 45, Proj. 564), Order Suspending Trading fulness of the rates, charges, and regu­ Nwy4sw y4 (PSC 45, Proj. 564), SW % lations contained in the schedules de­ SWy4 (PSC 45); June 20, 1968. scribed in said order, and suspended the Sec. 15, NWy4 (PSC 45), NWy4SEy4 (PSC It appearing to the Securities and operation of said schedules; 4 5); Sec. 16, Ny2NEy4 (PSC 45), N W % (PSC 45) ; Exchange Commission that the summary And it further appearing, that in or­ Sec. 17, NE^4 (PSC 45), NE}4NW% (PSC suspension of trading in the common der that consideration be given to all 45), Sy2NWy4 (PSC 45), Ny2SWV4 (PSC stock of American Checkmaster System, factors which may bear upon a proper 45); Inc., Houston, Tex., being traded other­ determination of the issues, including Sec. 18, NEy4SEy4 (PSC 45), Sy2SEi4 (PSC wise than on a national securities ex­ the question of whether the resulting 45); change is required in the public interest rates would be just and reasonable, it is Sec. 19, NW % SE 1,4 (PSC 45) ; and for the protection of investors: deemed appropriate in the public inter­ Sec. 20, SWi4NE% (PSC 45, Proj. 564), NEy4SWy4 (PSC 45, Proj. 564), SW^4 It is ordered, Pursuant to section est that the information specified below sw y4 (PSC 45) ; 15(c) (5) of the Securities Exchange Act be included in the record to be devel­ Sec. 21, Ni/2Ni/2 (PSC 45) ; of 1934, that trading in such securities oped in this proceeding ; and good cause Sec. 22, NEi/4 (PSC 45), Ni/2NWy4 (PSC 45), otherwise than on a national securities appearing therefor : -SE1/4NW1/4 (PSC 45); exchange be summarily suspended, this It is ordered, That respondents be, and Sec; 23, N W 14NW 14 (PSC 45). order to be effective for the period they are hereby, notified and required T. 21 S., R. 33 E., to submit information and supporting sec. 7 , NEy4NEy4 (P sc 80), w y2Ey2 (PSC June 21, 1968, through June 30, 1968, both dates inclusive. data which shall include, among other 80), SE%SW% (PSC 80) ; things, actual expanse and revenue data sec. is, w y2NEy4 (p s c so), Ey2w y2 (PSC By the Commission. 80); (including anticipated expense and reve­ Sec. 19, lot 3 (PSC 80) (uns. pt.) ; [seal] O rval L. D uB ois, nue data to show the effect of the Sec. 30, uns. pt. (PSC 80) ; Secretary. proposed increase or decrease) and oper­ Sec. 31, uns. pt. (PSC 80). [F.R. Doc. 68-7579; Filed, June 25, 1968; ating ratios specifically related to the T. 22 S., R. 33 E., 8:50 a.m.] traffic and carriers involved, overall Sec. 6, lots 4, 5, 6, 7, 10, 11, 12 (PSC 80); operating ratios, detailed data to estab­ Sec. 7, lots 1, 2, 5, 6, 8 (PSC 80) ; lish the representative nature of the Sec. 18, lots 2 through 8 (PSC 80) ; Sec. 30, lots 2 through 6, 8 (PSC 80) ; PLANET OIL AND MINERAL CORP. carriers used, and in addition, all perti­ nent evidence and supporting data for Sec. 31, lots 1 and 7 (PSC 80), Ny2NEy4 Order Suspending Trading (PSC 80), SEi,4NE}4 (PSC 80), N E ^ S E ^ the individual representative carriers as (PSC 80), Sy2SE% (PSC 80). June 20,1968. they relate to their overall operations, T. 23 S., R. 33 E., It appearing to the Securities and Ex­ and specifically to the traffic and terri­ Sec. 6, lot 2 (PSC 80), Ey2SWy4 (PSC 80); change Commission that the summary tories involved. Sec. 7, lots 1, 2 (PSC 80), N E ^ N W ^ (PSC suspension of trading in the common It is further ordered, That the Com­ 80). mission will take official notice of all the T. 24 S., R.,33 E., stock of Planet Oil and Mineral Corp., 700 respondent carriers’ financial statements Sec. 17, Wi/2SEi4 (PSC 80) ; Fidelity Union Tower, Dallas, Tex. 75201, on file with the Commission. Sec. 29, W ^ N E 1^ (PSC 80), NE^SEyi (PSC being traded otherwise than on a It is further ordered, That the traffic 80); rep resen t Sec. 33, SE14 (PSC 80). national securities exchange is required studies to be submitted shall the most current period possible, ana T. 25 S., R. 33 E., in the public interest and for the protec­ that they shall be based upon actual Sec. 3, lots 1, 2 (PSC 80), Sy2NEy4 (PSC tion of investors: 80),sEy4Nwy4 (p s c 8 0 ),Ey2swy4 (p sc operations conducted during id e n tic a l 80),NWi4SEy4 (PSC 80);. It is ordered, Pursuant to section periods of time for each carrier; t h a t the Sec. 16, N i/2 NE y4 NE % NE 14 (PSC 240), 15(c) (5) of the Securities Exchange Act traffic studies shall be shown to be rep ­ S Va NE 14 NE % NE % (PSC 240), NW % of 1934, that trading in such securities resentative of the traffic covered b y tne NE 14NEy4 (PSC 240), Sy2 NEi4NEi4 (PSC otherwise than on a national securities rate proposal ; and that the traffic study 240), Sy2SEi4SEi4NEi4 (PSC 240), Ny2 be costed out and operating r a t io s d e­ SE1 4 SE14NE14 (PSC 240), N 1 4 SE14NE14 exchange be summarily suspended, this termined by the individual w eig h t (PSC 240), SW 14SE14NE4 (PSC 240), order to be effective for the period com­ E 14NE1 4 SE14 (PSC 240), E 14SW 14NE14 brackets- included within the r a t e pro­ SE14 (PSC 240), W 1/2 SW 14NE14SE14 mencing June 20, 1968, through June 29, posal. If the two carrier groups d escrib ed (PSC 240), NW 14NE1 4 SE14 (PSC 240), 1968, both dates inclusive. below under the development of costs SE14SË14 (PSC 240); By the Commission. are used, the traffic study shall be sim i­ Sec. 21, NE14NE4 (PSC 240), S 14NE14 larly separated. The revenues a n d costs (PSC 240), SE14SW 14 (PSC 240); [seal] O rval L. D uB ois, for both groups shall also be totaled and S E 4 (PSC 240); Secretary. operating ratios developed. Sec. 28, NW%NEi4NWy4 (PSC 240), NE14 It is further ordered, That respondents NE14NW 14 (PSC 240), Sy2 NEi4NWy4 [F.R. Doc. 68-7580; Filed, June 25, 1968; (PSC 240), NW 14NW 14 (PSC 240); 8:50 a.m.] shall produce evidence showing the tota

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 NOTICES 9365 revenue earned for the services per­ services supplied by affiliate to respond­ It is further ordered, That all under­ formed under the bureau’s-tariffs here ent including the base and rate for lying data used in preparation of the under investigation for the most recent rental charges. material outlined above shall be made annual reporting period. 4. Total charges by each affiliate to available in" the office of the party serv­ It is further ordered, That the cost respondent during the year 1967 for: ing such verified matter during usual study shall be based upon the most cur­ a. Lease of vehicles. office hours for inspection by any party rent annual reporting period adjusted b. Lease of terminals. of record desiring to do so; and that the to date. The costs may be developed for c. Lease of other property. underlying data shall be made available those carriers subject to the requirements d. Pickup and delivery of shipments. also at the.hearing, but only if and to for allocation of expenses between line e. Repair and servicing of vehicles. the extent specifically requested in writ­ haul and pickup and delivery in 49 CFR f. Management, accounting, financial, ing and required by any party for the Part 182, Instructions 27 and 9002, whose legal, purchasing, or traffic solicitation purpose of cross-examination. total amount of revenue derived under services. It is further ordered, That anyone the bureau’s tariffs collectively is 75 per­ g. Property sold by affiliate to respond­ desiring to become a party of record to cent or more of the total revenue deriyed ent. receive copies of the verified material of by all carriers participating in those 5. If the affiliate derives revenue from respondents to be filed in accordance tariffs. If those instruction 27 carriers’ the sale or lease of property or from with the procedure set forth above, must revenue is less than 75 percent of the services through transactions with per­ notify the Commission, in writing, on or total, then all of the instruction 27 car­ sons other than respondent, indicate the before July 15, 1968. As soon as practi­ riers should be used. These study carriers percentage of the revenue of such busi­ cable after such date, a service list of all shall be selected from the participating ness to the total revenue of the affiliate parties of record will be prepared and carriers in descending order beginning in the year 1967. served by the Commission. Otherwise, with the carrier deriving the greatest 6. A copy of the income statement for any interested person desiring to par­ dollar amount of revenue from those each affiliate for the year 1967 and the ticipate in this proceeding may make his tariffs. Unit costs are to be developed latest period of 1968 for which an income appearance at the hearing. separately for (1) those carriers who statement is available. It is further ordered, That this pro­ earn 50 percent or more of their 7. A statement listing the amount of ceeding be, and it is hereby, referred to revenues under the tariffs involved and wages, salaries, bonuses, and other com­ a hearing examiner to be later designated (2) those carriers who earn less than 50 pensation paid by the affiliate in 1967 to for hearing commencing on September percent. If factors similar to those pub­ any individual who is also a respondent 10, 1968, at 9:30 a.m„ daylight saving lished in appendix A to Highway Form or an officer, director or substantial time (or 9:30 a.m., U.S. standard time, B for the above two groups of carriers stockholder of a respondent; or the wife if that time is observed), in Conference are not available, the published factors or close relative of a respondent or officer, Room No. 310 of the Southern Motor for the applicable territory based on the director or substantial stockholder of a Carriers Rate Conference, 1307 Peachtree latest study are acceptable in the devel­ respondent. Street NE., Atlanta, Ga. opment of the unit costs. 8. The term “affiliate” as used in this It is further ordered, That this pro­ It is further ordered, That both the order means: ceeding will not be the subject of an cost study and the traffic study be ade­ a. Any individual who is also a re­ examiner’s recommended report and quately supported by working papers spondent; an officer, director, or substan­ order because due and timely execution of to permit a complete check of the tial stockholder of a respondent; or the our functions requires an expedited procedures followed and the results wife or close relative either of a re­ decision. obtained. spondent, or of an officer, director, or It is further ordered, That a copy of It is further ordered, That respondents substantial stockholder of a respondent. this order be delivered to the Director, shall produce evidence of the sum of b. Any partnership in which one of Office of the Federal Register, for publi­ money, in addition to operating expenses, the partners is a respondent; an officer, cation in the F ederal R egister as notice needed to attract debt and equity capi­ director, or substantial stockholder of a to all interested persons. tal which they require to insure financial respondent; or the wife or close relative And it is further ordered, That, to stability and the capacity to render either of a respondent; or of an officer, avoid future unnecessary service upon service. This evidence should include, director, or substantial stockholder of a respondent. those respondents who, although par­ without limiting the evidence that may ticipating carriers in the tariff schedules be presented, particularized reference to c. Any corporation whose stock is wholly or partly owned by a respondent; which are the subject of investigation the respondents’ reasonable interest, herein, are not actively interested in the dividend, and surplus requirements; by an officer, director, or substantial stockholder of a respondent; or by the outcome of such investigation, subse­ and experienced, projected, and needed quent service on respondents herein of rate of return on depreciated investment wife or close relative either of a respond­ notices and orders of the Commission m transportation. ent or of an officer, director, or sub­ stantial stockholder of a respondent. will be limited to those respondents who: It is further ordered, That all Class I (1) Specifically make written request and II motor carrier respondents shall d. Any corporation which exercises control over the operations or finances to the Secretary of the Commission to ^ m it detailed data regarding carrier- of respondent. be included on the service list; or affiliate financial and operating rela­ (2) Have appeared at a hearing. tionships and transactions including, It is further ordered, That all of the respect to any and all individuals, required data specified in this order shall Dated at Washington, D.C., this 10th partnerships, and corporations affiliated be based upon and reflect at least the day of June 1968. with respondents, when such transac- 1967 annual reporting period. It is further ordered, That the de­ By the Commission, Commissioner ions individually or in the aggregate Walrath. n^unt to $2,500 or more during the year tailed information called for by this order shall be in writing and shall be iy6‘ > the following information: [ seal] H. N eil G arson, verified by a person or persons having Secretary. 1. Name of each affiliate from which knowledge thereof; that such verified respondent, during the year 1967, ac- [F.R. Doc. 68-7565; Filed, June 25, 1968; material shall be served on all parties 8:48 a.m.] S d ’ leased, or purchased lands, of record on or before July 29, 1968, and uucnngs, equipment, materials, sup- at the same time, respondents shall file n+v?S’ parts’ tires, tubes, gasoline, oil, or an executed original and 16 copies with FOURTH SECTION APPLICATIONS ® Property or services used by re- this Commission, together with certifi­ .^uudent in its operations as a motor FOR RELIEF common carrier. cates of service in accordance with § 1.22 (a) of the general rules of practice. The Ju n e 21, 1968. of Puberty or service which information with respect to carrier affili­ Protests to the granting of an applica­ h affiliate supplies to respondent. ates may be served on the parties in tion must be prepared in accordance • Basis of charges for property or summary form, if so desired. with Rule 1100.40 of the general rules of

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 No. 124— - 6 9366 NOTICES [Notice 504] practice (49 CFR 1100.40) and filed served meats, meat products, including within 15 days from the date of publica­ fowl, both preserved and fresh, between MOTOR CARRIER ALTERNATE ROUTE tion of this notice in the Federal Albuquerque, N. Mex., on the one hand DEVIATION NOTICES R egister. and points and places in New Mexico on the other, over irregular routes, under June 21, 1968. L ong- and S h o r t-H aul nonscheduled service. Both interstate The following letter-notices of .pro­ FSA No. 41370—Plaster and gypsum and intrastate authority sought. posals to operate over deviation routes wallboard from Himes, Wyó. Filed by HEARING: Tuesday, July 16, 1968, at for operating convenience only have been Western Trunk Line Committee, agent 9:30 a.m., New Mexico Motor Carriers filed with the Interstate Commerce Com­ (No. A-2556), for interested rail carriers. Association, 1500 Hannett Avenue NE., mission, under the Commission’s devia­ Rates on plaster and/or gypsum wall- Albuquerque, N. Mex. Requests for proce­ tion rules revised, 1957 (49 CFR 211.1 board and related articles, in carloads, dural information including the time for (c) (8) ) and notice thereof to all inter­ from Himes, Wyo., to points in Western filing protests concerning .this application ested persons is hereby given as pro­ trunkline (including Illinois) territory. should be addressed to the New Mexico vided in such rules (49 CFR 211.1(d) (4) ). Grounds for relief—Market competi­ State Corporation Commission, Motor Protests against the use of any pro­ tion. Carrier Division, Post Office Drawer 1269, posed deviation route herein described Tariff—Supplements 102 and 103 to Santa Fe, N. Mex. 87501, and should not may be filed with the Interstate Com­ Western Trunk Line Committee, agent, be directed to the Interstate Commerce merce Commission in the manner and tariff ICC A-4421. Commission. form provided in such rules (49 CFR FSA No. 41371—Chlorine from State Docket No. M-4690, filed June 5, 211.1(e)) at any time, but will not op­ Charleston, Tenn. Filed' by O. W. South, 1968. Applicant: POTEET TRANSFER erate to stay commencement of the pro­ Jr., agent (No. A6026), for and on behalf CO., INC., 1511 East Fourth Street, Little posed operations unless filed within 30 of Southern Railway Co. Rates on Rock, Ark. Applicant’s representative: days from the date of publication. chlorine, in tank carloads, from Charles­ Charles J. Lincoln, 1550 Tower Building, Successively filed letter-notices of the ton, Tenn. to Demopolis, Alá. Little Rock, Ark. Certificate of public same carrier under the Commission’s Grounds for relief—Market competi­ convenience and necessity sought to op­ Deviation Rules Revised, 1957, will be tion. erate a freight service as follows: Trans­ numbered consecutively for convenience Tariff—Supplement 195 to Southern portation of general commodities, (1) in identification and protests if any Freight Association, agent, tariff ICC between Clinton, Ark., and Harrison, should refer to such letter-notices by Ark.; from Clinton over U.S. Highway number. S-484. No. 65 to Harrison and return over the By the Commission. same route with service authorized at all M otor C arriers of P roperty intermediate points; (2) between Choc­ No. MC 4963 (Deviation No. 30), [ seal] H. N eil G arson, Secretary. taw, Ark., and Morrilton, Ark.; from JONES MOTOR CO., INC., Bridge Street Choctaw, Ark., over Arkansas Highway and Schuylkill Road, Spring City, Pa. [F.R. Doc. 68-7566; Filed, June 25, 1968; No. 9 to Morrilton and return over the 19475, filed June 11, 1968. Carrier pro­ 8:48 a.m .] same route serving all intermediate poses to operate as a common carrier, points; (3) between Morrilton, Ark., and by motor vehicle, of general commodities, Pontoon, Ark.; from Morrilton, Ark., over with certain exceptions, over deviation NOTICE OF FILING OF MOTOR CAR­ Arkansas Highway 9 to the junction of routes as follows: (1) From Boston, RIER INTRASTATE APPLICATIONS Arkansas State Highways No. 9 and Mass., over Interstate Highway 90 to J u n e 21,1968. 154 at Oppelo, Ark., thence over Arkan­ Cleveland, Ohio, and (2) from Boston, sas Highway 154 to Pontoon serving all Mass., over Interstate Highway 90 to The following applications for motor intermediate points and specifically all junction Interstate Highway 79, thence common carrier authority to operate in off-route points at Petit Jean State Park, over Interstate Highway 79 to junction intrastate commerce seek concurrent Winrock Enterprises, and Winrock Interstate Highway 80, thence over Inter­ motor carrier authorization in interstate Farms, serving all intermediate points state Highway 80 to Girard, Ohio, and or foreign commerce within the limits and return over the route; and (4) be­ return over the same routes, for operat­ of the intrastate authority sought, pur­ tween Oppelo and the junction of Arkan­ ing convenience only. The notice indi­ suant to section 206(a) (6) of the Inter­ sas Highway 60 and Arkansas River; cates that the carrier is presently au­ state Commerce Act, as amended Octo­ from Oppelo over Arkansas Highway 113 thorized to transport the same commodi- ber 15, 1962. These applications are to the junction of Arkansas Highways ties, over a pertinent service route m governed by Special Rule 1.245 of the 113 and 60 near Houston, Ark., serving follows: From Boston, Mass., over U.S. Commission’s rules of practice, published off-route point at Arkansas Kraft Paper Highway 20 to Sturbridge, Mass., thence in the F ederal R egister, issue of April 11, Co., thence over Arkansas Highway 60 over Massachusetts Highway 15 to the 1963, page 3533, which provides, among from Houston to the junction of the Massachusetts-Connecticut State line, other things, that protests and requests Arkansas River and Arkansas Highway thence over Connecticut Highway 15 to for information concerning the time and No. 60 and return serving all interme­ Hartford, Conn., thence over U.S. High­ place of State Commission hearings or diate points. Both interstate and intra­ way 5 to junction UB. Highway 1, thence other proceedings, any subsequent state authority sought. over U.S. Highway 1 to Elizabeth, N.J., changes therein, and any other related HEARING: Monday, July 29, 1968, at thence over U.S. Highway 22 to Allen­ matters shall be directed to the State town, Pa., thence over U.S. Highway Commission with which the application 10 a.m., Arkansas Commerce Commis­ sion, Justice Building, Little Rock, Ark. to junction U.S. Highway 422, thence is filed and shall not be addressed to or over U.S. Highway 422 to junction u.s. filed with the Interstate Commerce Com­ Requests for procedural information in­ cluding the time for filing protests con­ Highway 322, thence over U.S. Highway mission. cerning this application should be ad­ 322 to Harrisburg, Pa., thence over v.o. State Docket No. 3832, filed (date not Highway 11 to the Carlisle T ollg a te, given). Applicant : WILLIAM T. ASH­ dressed to the Arkansas Commerce Com­ mission, Justice Building, Little Rock, thence over the Pennsylvania T u rn p ik e MORE, doing business as REFRIGER­ to the Irwin Tollgate, thence over ATED TRANSPORT SERVICE, 107 Ark. 72201, and should not be directed to the Interstate Commerce Commission. Highway 30 to Pittsburgh, Pa;, thence Candelaria NW., Albuquerque, N. Mex. over U.S. Highway 30 to junction Ohio Applicant’s representative: John J. By the Commission. Highway 7, thence over Ohio Highway Duhigg, Post Office Box 271, Albuquer­ [ seal] H. N eil G arson, to Youngstown, Ohio, thence over • que, N. Mex. 87103. Certificate of public Secretary. Highway 422 to Girard, Ohio, thence convenience and necessity sought to over U.S. Highway 422 to CleveUmd, operate a meat delivery service as fol­ [F.R. Doc. 68-7567; Filed, June 25, 1968; Ohio, and return over the same rou lows: Transportation of fresh and pre- 8:48 a jn .]

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 NOTICES 9367

No. MC 23135 (Deviation No. 2), ERIE by motor vehicle, of general commodities, Highway 5 to Springfield, Mass., thence TRUCKING COMPANY, 1314 West with certain exceptions, over a deviation over UJS. Highway 20 to Boston, Mass. 18th Street, Erie, Pa. 16512, filed June route as follows: Between Texarkana, (2) Prom Harrisburg, Pa., over the 11, 1968. Carrier proposes to operate as Tex.-Ark., and Little Rock, Ark., over In­ Pennsylvania Turnpike to the New Jer­ a common carrier, by motor vehicle, of terstate Highway 30, for operating con­ sey Turnpike, thence over the New Jer­ general commodities, with certain excep­ venience only. The notice indicates that sey Turnpike to Newark, N.J„ thence tions, over a deviation route as follows: the carrier is presently authorized to over U.S. Highway 1 to junction unnum­ Prom Buffalo, N.Y., over U.S. Highway 20 transport the same commodities, over a bered highway (formerly portion U.S. to junction Interstate Highway 81, pertinent service route as follows: Be­ Highway 1), thence over unnumbered thence over Interstate Highway 81 to tween Texarkana, Tex., and Little Rock, highway via Bridgeport, Conn., to junc­ junction Interstate Highway 80, thence Ark., over U.S. Highway 67. tion U.S. Highway 1, thence over the over Interstate Highway 80 to New York, No. MC 59680 (Deviation No. 66), route described in (1) to Boston, Mass., N.Y., and return over the same route, for STRICKLAND TRANSPORTATION and (3) from Harrisburg, Pa., over the operating convenience only. The notice CO., INC.; Post Office Box 5689, Dallas, Pennsylvania Turnpike to the New Jersey indicates that the carrier is presently Tex. 75222, filed June 13, 1968. Carrier ♦Turnpike, thence over the New Jersey authorized to transport the same com­ proposes to operate as a common carrier, Turnpike to Newark, N.J., thence over modities, over pertinent service routes by motor vehicle, of general commodities, U.S. Highway 1 to junction unnuipbered as follows: (1) From Buffalo, N.Y., over with certain exceptions, over deviation highway (formerly portion U.S. Highway New York Highway 5 to Dunkirk, N.Y., routes as follows: (1) From St. Louis, 1), thence over unnumbered highway via thence over New York Highway 60 to Mo., over Interstate Highway 55 to junc­ Bridgeport, Conn., to junction U.S. High­ Fredonia, N.Y., thence over U.S. Highway tion Interstate Highway 80, thence over way 1, thence over U.S. Highway 1 to 20 to Erie, Pa., and (2) from Erie, Pa., Interstate Highway 80 to junction Inter­ New Haven, Conn., and return over the over Pennsylvania Highway 8 to junc­ state Highway 90, thence over combined same routes. tion Pennsylvania Highway 89 at Low- Interstate Highways 80-90 to Cleveland, No. MC 59680 (Deviation No. 67), ville, Pa., thence over Pennsylvania High­ Ohio, thence over Interstate Highway STRICKLAND TRANSPORTATION way 89 to junction U.S. Highway 6 to 90 to Boston, Mass., (2) from Harrisburg, CO., INC., Post Office Box 5689, Dallas, Elgin, Pa., thence over U.S. Highway 6 Pa., over Interstate Highway 78 to junc­ to Scranton, Pa., thence over US. High­ Tex. 75222, filed June 13, 1968. Carrier tion Interstate Highway 287 east of Den- proposes to operate as a common carrier, way 611 to junction U.S. Highway 46 ville, N.J., thence over Interstate High­ near Columbia, N.J., thence over U.S. by motor vehicle, of general commodities, way 287 to j miction of Interstate High­ with certain exceptions, over a deviation Highway 46 to Buttzville, N.J., thence way 95 near Rye, N.Y., thence over Inter­ over New Jersey Highway 31 (formerly route as follows: Prom Akron, Ohio, over state Highway 95 to Boston, Mass., and Interstate Highway 80S to junction In­ New Jersey Highway 69) to junction U.S. (3) from Harrisburg, Pa., over Inter­ Highway 22, thence over U-S. Highway terstate Highway 80 west of Youngstown, state Highway 81 to junction Interstate Ohio, thence over Interstate Highway 80 22 to Newark, N.J., thence over U.S. Highway 81 to junction Interstate High­ Highway 1 to New York, N.Y., and re­ to junction the Pennsylvania Turnpike way 84, at Scranton, Pa., thence over Northeast Extension, thence over the turn over the same route. Interstate Highway 84 to junction Con­ No. MC 23135 (Deviation No. 3), ERIE Pennsylvania Turnpike Northeast Exten­ necticut Highway 34, at Sandy Hook, sion to Philadelphia, Pa., and return over TRUCKING CO., 1314 West 18th Street, Conn., thence over Connecticut Highway Erie, Pa. 16512, filed June 11, 1968. Car­ the same route, for operating conven­ 34 to junction Connecticut Highway 114, ience only. The notice indicates that the rier proposes to operate as a common thence over Connecticut Highway 114 to carrier, by motor vehicle, of general com­ carrier is presently authorized to trans­ junction U.S. Highway 1, thence over port the same commodities, over a per­ modities, with certain exceptions, over a U.S. Highway 1 to New Haven, Conn., deviation route as follows: Prom Erie, tinent service route as follows: Prom and return over the same routes, for Akron, Ohio, over U.S. Highway 21 to Pa., over Interstate Highway 79 to junc­ operating convenience only. tion Interstate Highway 80, thence over junction Ohio Turnpike, thence over the The notice indicates that the carrier is Ohio Turnpike to junction Pennsylvania Interstate Highway 80 to Mountain presently authorized to transport the Lakes, N.J., thence over U.S. Highway Turnpike, thence over the Pennsylvania same commodities over pertinent service Turnpike to junction New Jersey Turn­ 46 to West Caldwell, N.J., and return routes as follows: (1) Prom St. Louis, over the same route, for operating con­ pike, thence over the New Jersey Turn­ Mo., over U.S. Highway 66 to junction pike to Newark, N.J., thence over U.S. venience only. The notice indicates that Illinois Highway 48, thence over Illi­ the carrier is presently authorized to Highway 1 to Philadelphia, Pa., and re­ nois Highway 48 to junction U.S. High­ turn over the same route. transport the same commodities, over a way 54, thence over U.S. Highway 54 to Pertinent service route as follows: Prom No. MC 59680 (Deviation No. 68), junction U.S. Highway 24 to Gilman, STRICKLAND TRANSPORTATION "tie, Pa., over Pennsylvania Highway 8 111., thence over U.S. Highway 24 to junc­ to junction Pennsylvania Highway 89 to CO., INC., Post Office Box 5689, Dallas, tion U.S. Highway 6 at Napoleon, Ohio, Tex. 75222, filed June 13, 1968. Carrier -Lowville, Pa., thence over Pennsylvania thence over U.S. Highway 6 to Lorain, Highway 89 to junction U.S. Highway 6 Ohio, thence over Ohio Highway 57 to proposes to operate as a common carrier, to Elgin, Pa., thence over U.S. Highway / junction Ohio Highway 254, thence over by motor vehicle, of general commodi­ 6 to Scranton, Pa., thence over U.S. High­ Ohio Highway 254 to Cleveland, Ohio, ties, with certain exceptions, over de­ way 611 to junction U.S. Highway 46, thence over Ohio Highway 84 to junction viation routes as follows: (1) From thence over U.S. Highway 46 to Buttz- Ohio Highway 46, thence over Ohio South Bend, Ind., over Indiana Highway tille, N.J., thence over New Jersey High- 2 to junction U.S. Highway 20 near Roll­ Highway 46 to Ashtabula, Ohio, thence 31. (formerly New Jersey Highway over U.S. Highway 20 to junction New ing Prairie, Ind., and (2) from South 69) to junction U.S. Highway 22, thence York Highway 78, thence over New York Bend, Ind., over Interstate Highway 80- over U.S. Highway 22 to Newark, NJ., Highway 78 to junction New York 90 to junction Interstate Highway 280 wiMice over U.S. Highway 1 to New York, Highway 33, thence over New York High­ near Toledo, Ohio, thence over Inter­ W-Y. (also from Bound Brook, NJ-., over way 33 to Batavia, N.Y., thence over New state Highway 280 to junction Inter­ New Jersey Highway 18 to Highland York Highway 5 to Albany, N.Y., thence state Highway 75, thence over Interstate ffFf* N.J., thence over U.S. Highway 1 Highway 75 to Detroit, Mich., and return to New York, N.Y., and also from Buttz- oyer New York Highway 9J to junction over the same routes, for operating con­ vuie N.J., over U.S. Highway 46 to New UJS. Highway 9, thence over UJS. High­ way 9 to Newark, N.J., thence over U.S. venience only. The notice indicates that ork, N.Y.), and return over the same the carrier is presently authorized to routes. Highway 1 to junction unnumbered highway (formerly portion U.S. High­ transport the same commodities, over No. M C 59680 (Deviation No. 65), way 1), thence over unnumbered highway pertinent service routes as follows: (1) r ic k l a n d TRANSPORTATION CO., Post Office Box 5689, Dallas, Tex. via Bridgeport, Conn., to junction U.S. Prom Chicago, HI., over U.S. Highway

FEDERAL REGISTER, V O L 33, NO. 124— WEDNESDAY, JUNE 26, 1968 9 3 6 8 NOTICES

U.S. Highway 112) to junction Inter­ to St. Louis, Mo., and return over the frozen from the warehousing, processing, state Highway 94 (formerly U.S. High­ same route. and manufacturing facilities of J. s'. way 12), and (3) from South Bend, Ind., By the Commission. Hoffman Co., at Chicago, 111., to points over U.S. Highway 31 to South Haven, in Maryland, New York, New Jersey, Mich., and return over the same routes. [ seal] H . N eil G arson, Massachusetts, Connecticut, Rhode No. MC 59680 (Deviation No. 69), Secretary. Island, Delaware, and the District of STRICKLAND TRANSPORTATION [F.R. Doc. 68-7568; Filed, June 25, 1968; Columbia, and points on and east of CO., INC., Post Office Box 5689, Dallas, 8:49 a.m.] U.S. Highway 15 from the Maryland- Tex. 75222, filed June 13, 1968. Carrier Pennsylvania State line to its intersec­ tion with ; the Pennsylvania-New York proposes to operate as a common carrier, [Notice 1192] by motor vehicle, of general commodi­ State line. ties, with certain exceptions, over de­ MOTOR CARRIER APPLICATIONS AND Restricted to traffic originating at or viation routes as follows: (1) From CERTAIN OTHER PROCEEDINGS destined to the facilties of J. S. Hoffman Exit 18, Pennsylvania Turnpike over Co., when moving from or to Chicago, Interstate Highway 83 to junction Inter­ Ju n e 21,1968. HI., or Monroe, Wis. Restricted: On the state Highway 81 near Progress, Pa., The following publications are gov­ movement of cheese when moving in the thence over Interstate Highway 81 to erned by Special Rule 1.247 of the Com­ same vehicle with or in mixed shipments junction Interstate Highway 78 near mission’s rules of practice, published in of meat. In MC-119619 (Sub-No. 5), by Harper Tavern, Pa., thence over Inter­ the F ederal R egister issue of April 20, application filed August 29, 1967, as state Highway 78 to junction Pennsyl­ 1966, which became effective May 20, amende^, the same applicant seeks vania Turnpike Northeast Extension at 1966. similar authority to transport sliced Exit No. 33, thence over the Pennsyl­ The publications hereinafter set forth meat, canned meat, sausage, and cheese, vania Turnpike Northeast Extension to reflect the scope of the applications as not frozen, between the facilities of J. S. junction Interstate Highway 76, near filed by applicant, and may include Hoffman Co. at Moonachie, N.J., on the Conchohocken, Pa., thence over Inter­ descriptions, restrictions, or limitations one hand, and, on the other, Chicago, state Highway 76 to Philadelphia, Pa., which are not in a form acceptable to 111., and Monroe, Wis. Restricted on the and (2) from Exit 24 of the Pennsylvania the Commission. Authority which ulti­ movement of cheese when moving in the Turnpike over Interstate Highway 76 mately may be granted as a result of the same vehicle with or in mixed shipments to Philadelphia, Pa., and return over applications here noticed will not neces­ of meat. Restricted to traffic originating the same route, for operating conven­ sarily reflect the phraseology set forth at and destined to the facilities of J. S. ience only. The notice indicates that the in the application as filed, but also will Hoffman Co., when moving from or to carrier is presently authorized to trans­ eliminate any restrictions which are not Chicago, HI., Monroe, Wis., and Moo­ port the same commodities over perti­ acceptable to the Commission. nachie, N.J. A report and recommended nent service routes as follows: (1) From order of the Hearing Examiner served Exit 18 of the Pennsylvania Turnpike A pplications A ssigned for O ral H earing April 29, 1968, embracing both applica­ over the Pennsylvania Turnpike to MOTOR CARRIERS OF PROPERTY tions, and which became effective junction New Jersey Turnpike, thence June 13, 1968, finds (1) in MC 119619 over the New Jersey Turnpike to New­ No. MC 119619 (Sub-No. 3) and MC (Sub-No. 3) that the present and future ark, N.J., thence over U.S. Highway 1 119619 (Sub-No, 5) (Republications), public convenience and necessity require to Philadelphia, Pa., and (2) from Exit filed December 8, 1966, and August 29, operation by applicant as a common 23 of the Pennsylvania Turnpike over 1967, respectively, published in the F ed­ carrier by motor vehicle, in interstate or the Pennsylvania Turnpike to junction eral R egister issues of January 6, 1967, foreign commerce, over irregular routes, New Jersey Turnpike, thence over the and August 29, 1967, respectively, and of (1) canned meat and sausage, not routes described in (1) above to Phila­ republished this issue. Applicant: DIS­ frozen, from Philadelphia, Pa., Boston, delphia, Pa., and return over the same TRIBUTORS SERVICE CO., a corpora­ Mass., Baltimore, Md., and the New York, tion, 2000 West 43d Street, Chicago, HI. N.Y., commercial zone, to Chicago, 111-, routes. Applicant’s representative: Arthur J. No. MC 72140 (Deviation No. 5), and Monroe, Wis.; (2) cheese, not frozen Piken, 160-16 Jamaica Avenue, Jamaica, (in mixed loads with meat), from Phila­ SHIPPERS DISPATCH, INC., 1216 West N.Y. 11432. By application filed Decem­ delphia, Pa., Boston, Mass., Baltimore, Sample Street, South Bend, Ind. 46624, ber 8, 1966 in MC 119619 (Sub-No. 3), Md., the New York, N-Y. commercial zone filed June 13, 1968. Carrier proposes to as amended, applicant seeks a certificate operate as a common carrier, by motor to Chicago, 111.; (3) sliced meat and of public convenience and necessity au­ sausage, not frozen, from Chicago, Pj. vehicle, of general commodities, with thorizing operations, in interstate or and Monroe, Wis., to points in Maryland, certain exceptions, over a deviation route foreign commerce, as a common carrier, New York, New Jersey, Massachusetts, as follows: From St. Louis, Mo., over by motor vehicle, over irregular routes Connecticut, Rhode Island, Delaware, Interstate Highway 70 to Indianapolis, of (1) canned meat and sausage, not the District of Columbia, and points in Ind. (using U.S. Highway 40 to the extent frozen, from piers located at Phila­ Pennsylvania on and east of U.S. High- Interstate Highway 70 is incomplete), delphia, Pa., Boston, Mass., Baltimore, thence over Interstate Highway 69 to way 15; and Md., and the Port of New York Harbor, (4) Cheese, not frozen (in mixed loads Fort Wayne, Ind. (using Indiana High­ as defined by the Interstate Commerce way 67 to/from Indianapolis, Ind., its with meat), from Chicago, HI., to points Commission, to the warehousing, proces­ in Maryland, New York, New Jersey, joinder with Interstate Highway 69 to sing and manufacturing facilities of the extent Interstate Highway 69 is in­ Massachusetts, Connecticut, R ho d J. S. Hoffman Co., at Chicago, 111., and Island, Delaware, the District of Colum- complete), and return over the same Monroe, Wis., (2) cheese, not frozen, bia and points in Pennsylvania on an route, for operating convenience only. from piers located at Philadelphia, Pa., east of U.S. Highway 15. Restricted: w The notice indicates that the carrier is Boston, Mass., Baltimore, Md., and the When moving from Philadelphia, presently authorized to transport the Port of New York Harbor, as defined by Boston, Mass., Baltimore, Md., and new same commodities, over a pertinent serv­ the Interstate Commerce Commission, to York, N.Y., to shipments having au immediately prior movement by water, ice route as follows: From Fort Wayne, the warehousing, processing and manu­ facturing facilities of J. S. Hoffman Co., (b) when moving from or to Chicago, j ■> Ind., over U.S. Highway 24 to Gilman, 111., to shipments moving from or to thence over U.S. Highway 45 to Onarga, at Chicago, HI., and (3) sliced meat and warehousing, processing, and nianui HI., thence over U.S. Highway 54 to junc­ sausage, not frozen, from the warehous­ turing facilities of J. S. Hoffman Co> tion U.S. Highway 66, thence over U.S. ing, processing and manufacturing fa­ Chicago, 111.; and (c) when moving Highway 66 to junction city U.S. High­ cilities of J. S. Hoffman Co., at Chicago, or to Monroe, Wis., to shipments movin» from or to the warehousing, processing way 66, thence over city U.S. Highway 66 HI., and Monroe, Wis., and cheese, not

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 NOTICES 9 3 6 9

and manufacturing facilities of J. S. for the erection of such buildings, when contract Carrier by motor vehicle, over Hoffman Co., Triangle Cheese Corp. and such parts and materials move on the irregular routes, of potatoes, processed Green County Prepak Co. at Monroe, same vehicle as the building, from the and unprocessed, and shortening, be­ Wis.; and (2) in MC 119619 (Sub-No. 5) plantsite of Speedspace Corp., located tween points in Wisconsin, under con­ that the present and future public con­ approximately 8 miles from Santa Rosa, tract with Processed Potatoes, Inc., and venience and necessity require operation Sonoma County, Calif., to points in Northern Star, Inc. A report of the by applicant as a common carrier by Idaho, Montana, Nevada, Arizona, Ore­ Commission, Review Board No. 2, de­ motor vehicle, in interstate or foreign gon, Utah, Washington, Colorado, and cided June 12, 1968, and served June 18, commerce, over irregular routes, of Wyoming. 1968, finds that operation by applicant, cheese, not frozen (in mixed loads with An order of the Commission, Operat­ in interstate or foreign commerce, as a meat), sliced meat, canned meat, and ing Rights Board, dated April 30, 1968, contract carrier by motor vehicle, over sausage, not frozen, between Moonachie, and served May 31, 1968, finds that the irregular'routes, of shortening, in con­ NJ., on the one hand, and, on the other present and future public convenience tainers, and potatoes, from the joint Chicago, 111., and Monroe, Wis. Re­ and necessity require operation by ap­ plantsite of Northern Star, Inc., and stricted: (a) When moving from or to plicants, in interstate or foreign com­ Processed Potatoes, Inc., at Minneapolis, Chicago, 111., or Moonachie, N.J., to ship­ merce, as a common carrier by motor Minn., to points in Wisconsin, under a ments moving from or to the facilities of vehicle, over irregular routes, of lumber continuing contract or contracts with J. S. Hoffman Co., at Chicago or Moo­ and forest products (except wood chips) Northern Star, Inc., and Processed Po­ nachie; and (b) when moving from or to between points in Monterey, San Benito, tatoes, Inc., will be consistent with the Monroe, Wis., to shipments moving to Fresno, Santa Cruz, Santa Clara, public interest and the national trans­ or from the facilities of J. S. Hoffman Stanislaus, Merced, Madera, San Mateo, portation policy; that applicants are Co., Triangle Cheese Corp., or Green San Francisco, Alameda, Contra Costa, fit, willing, and able properly to perform County Prepak Co. at Monroe, Wis., (3) San Joaquin, Marin, Salano, Sacra­ such service and to conform to the re­ that in both embraced proceedings, that mento, Sonoma, Napa, Yolo, Sutter, quirements of the Interstate Commerce applicant is fit, willing, and able properly Placer, Lake, "Colusa, Yuba, Mendocino, Act and the Commission’s rules and to perform the proposed service, and to Glenn, Butte, Tahama, Humboldt, regulations thereunder. Because it is conform to the Interstate Commerce Act Trinity, and Shasta Counties, Calif., and possible that other persons, who have and the Commission’s rules and regula­ (2) buildings, assembled and partially relied upon the notice of the application tions thereunder. Because it is possible assembled (except buildings and build­ as published, may have an interest in that other persons, who have relied upon ings in sections, mounted on wheeled and would be prejudiced by the lack of the notice of the applications as pub­ undercarriages equipped with hitch-ball proper notice of the authority described lished may have an interest in and would connectors) and parts and materials re­ in the findings in this order, a notice of be prejudiced by the lack of proper quired for the erection, of such buildings, the authority actually granted will be notice of the authority described in the when such parts and materials move on published in the F ederal R egister and findings in this order, corrected notice the same vehicle as the building, from issuance of a permit in this proceeding of the authority actually granted will the plantsite of Speedspace Corp., ap­ will be withheld for a period of 30 days be published in the F ederal R egister and proximately 8 miles from Santa Rosa, from the date of such publication, dur­ issuance of certificates in these proceed­ Sonoma County/ Calif., to points in ing which period any proper party in ings will be withheld for a period of 30 Idaho, Montana, Nevada, Arizona, Ore­ interest may file a petition to reopen or days from the date of such publication, gon, Utah, Washington, Colorado, and for other appropriate relief setting forth during which period any proper party Wyoming; that applicants are fit, will­ in detail the precise manner in which in interest may file a petition to reopen ing, and able properly to perform such it has been so prejudiced. or for other appropriate relief setting service and to conform to the require­ forth in detail the precise manner in ments of the Interstate Commerce Act N otice of F il in g of P e t it io n s which it has been so prejudiced. and the Commission’s rules and regula-. No. MC 84665 (Notice of Filing of Pe­ No. Me 121382 (Sub-No. 2) (Republi- tions thereunder. Because it is possible tition for Modification of Certificate to cation), filed August 4, 1967, published that other parties, who have relied upon Eliminate Commodity Restriction in Federal R egister issue of December 28, the notice of the application as pub­ Certificates Issued to MILLER TRANS­ 1967, and republished this issue. Appli­ lished, may have an interest in and PORT CO., INC., in No. MC 84664 and cant: C. R. VON ARX and L. R. VON would be prejudiced by the lack of subs), filed May 17,1968. Petitioner: NA­ ARX, a partnership, doing business as proper notice of the authority described TIONAL FREIGHT, INC., 57 West Park RIVER VIEW TRANSPORTATION CO., in the findings in this order, a notice of Avenue, Vineland, N.J. 08360. Peti­ £®.e Redwood Road, Post Office Box the authority actually granted will be tioner’s representatives: David G. Mac­ ¿•>65, Santa Rosa, Calif. Applicant’s rep­ published in the F ederal R egister and donald and James W. Lawson, 1000 16th resentative: Edward J. Hegarty, 100 issuance of a certificate in this proceed­ Street NW., Washington, D.C. 20036. Pe­ Rush Street, San Francisco, Calif. 94104. ing, Mil be withheld for a period of 30 titioner states that pursuant to the find­ Ry application filed August 4, 1967, as days from the date of such publication, ings in MC-F-9848, the operating rights amended, applicant seeks a certificate during which period any proper party held by Miller Transport Co., Inc., in cer­ 01 ,vfUbUc convenience and necessity in interest may file a petition to reopen tificate MC 84665 were authorized to be authorizing operation, in interstate or or for other appropriate relief setting merged into those of petitioner subject to oreign commerce, as a common carrier forth in detail the precise manner in certain conditions, including the con­ nf ve*ncle> over irregular routes which it has been so prejudiced. current cancellation of certain contract pi Si ',um^er o,nd forest products (ex- No. MC 129577 (Republication) filed carrier authority held by Miller in MC „nu~ ?g wood chips) in shipments of November 13, 1967, published F ederal 76430 and subs thereunder. Petitioner . ’,7 Pounds or more, between points R egister issue of December 21,1967, and further states that in permitting Miller J? Monterey, San Benito, Fresno, Santa republished this issue. Applicant: to hold both contract and common car­ ^riiz, Santa Clara, Stanislaus, Merced, FRANCIS KAY TRUST AND BONNIE rier authority, the Commission effected aaera, San Mateo, San Francisco, Ala- KAY TRUST, a copartnership, doing compliance with the principle of section eaa, Contra Costa, San Joaquin, Marin, business as BONNIE C. TRUCKING 210 of the Act (a) by inserting special vvian« Sacramento, Sonoma, Napa, CO., STANLEY B. KORENGOLD, commodity exceptions in the general oio Sutter, Placer, Lake, Colusa, Yuba, TRUSTEE, 3171 Fifth Street SE., Min­ commodity description in the certificate, X ? 00^ ? ’ Glenn> Butte, Tahama, Hum- neapolis, Minn. 55401. Applicant’s rep­ "(b) by providing in the certificate that * naiie and Shasta Counties, resentative: Stanley B. Korengold, 810 “no service is authorized from the plant- n (2) buildings assembled and Title Insurance Building, Minneapolis, sites and warehouse facilities of The hnVM-^ assembled (except buildings and Minn. 55401. By application filed No­ Proctor & Gamble Manufacturing Co. llri ,

FEDERAL REGISTER, V O L 33, NO. 124— WEDNESDAY, JUNE 26, 1968 9 3 7 0 NOTICES operations as a contract carrier, over ir­ St. Louis, Mo. 63101. N o t e : This Cor­ reserving jurisdiction “to impose such rected Notice Will Not Alter the Due terms, conditions, or limitations in the regular routes, in the transportation of: Plastic boxes, loose, set up, not packaged, Date for Filing Protest. future as it may find necessary in order No. MC-F-10158. Authority sought for to insure that carrier’s operations shall and show, display, and advertising mate­ rials and equipment used in connection control by TRANSCO, INC., 14201 Pros­ conform to the provisions of section 210 pect Avenue, Dearborn, Mich. '48121, of of the Act.” The usual commodity re­ therewith, between the plantsite of the Tedruth Plastics Corp., in Oyster Bay MARIS TRANSPORT LIMITED, Box striction incorporated in the Miller com­ 158, Oakville, Ontario, Canada, and for mon carrier certificate to avoid duplica­ Township, N.Y., on the one hand, and, on the other, points in Maine, New Hamp­ acquisition by DONALD C. HAYDEN, tion of the contract carrier authority is: also of Dearborn, Mich., of control ***** except soap, soap products, shire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jer­ of MARIS TRANSPORT LIMITED, lard substitute or compounds, cooking through the acquisition by TRANSCO, oil, glycerin, coconut-oil and coconut- sey, Pennsylvania, Delaware, Maryland, Virginia, and the District of Columbia, INC. Applicants’ attorney: Walter N. oil products, stearine, dentifricies, facial Bieneman, Suite 1700, 1 Woodward Ave­ preparations, shampoo, with or without restricted to a transportation service to be performed under a continuing con­ nue, petroit, Mich. 48226. Operating advertising matter and premiums, acids, rights sought to be controlled: Automo­ alum, insecticides in containers, soda tract, or contracts, with Tedruth Plas­ tics Corp. By the instant petition peti­ biles, trucks and buses, parts and ac­ products, in containers, shampoo other cessories thereof moving at the same time than liquid, dentifrices, facial prepara­ tioner states it now seeks to have its per­ mit amended by the elimination there­ with the vehicles of which they are a part tions, and soda products, in bulk, * * *” and on which they are to be installed, Petitioner further states that control of from of the present plantsite location at Oyster Bay Township, N.Y., and the in initial and secondary movements, in Miller was consummated by National driveaway and truckaway service, as a and the Miller certificate was transferred substitution in place thereof the new plantsite location at Howell Township, common carrier, over irregular routes, to it on April 16, 1968, pursuant to au­ N.J., so that it might perform the iden­ between the ports of entry on the United thority granted in Docket No. MC-F- tical, restricted service it is presently States-Canada boundary line, located in 9848 on February 7,1968, as subsequently conducting for its sole shipper at the New York on the Niagara River, on the modified, and the adoption notice of New Jersey place when the customer one hand, and, on the other, Buffalo, National with respect to the certificate commences operations there. In all other N.Y., with restriction; automobiles, of Miller in MC-84665 has become effec­ respects the authority now contained in trucks, and buses, as described in De­ tive although the rights have not yet permit MC-128659 would be the same, scriptions in Motor Carrier Certificates, been reissued in the name of National. restricted to a service solely for Tedruth 61 M.C.C. 209 and 766, in initial and sec­ National is entitled to operate under Plastics Corp., Petitioner’s only customer. ondary movements, in driveaway and those operating rights and those rights Any person or persons desiring to partic­ truckaway service, and parts and acces­ are to be unified *with rights otherwise ipate, may file an original and six copies sories thereof, moving at the same time held by National and to be embraced in , of his written representations, views, or and with the vehicles of which they are a certificate to be issued to National un­ argument in support of, or against the a part and on which they are to be in­ der MC 2860 (Sub-No. 27), with duplica­ petition within 30 days from the date stalled, and farm tractors, moving in tion eliminated. Cancellation of the per­ mixed loads with automobiles and trucks, of publication in the F ederal R egister. mit was effective by the terms of the and parts and accessories thereof moving order on April 16, 1968, and with the A pplications U nder S ections 5 and at the same time and with the tractors cancellation of the contract carrier au­ 210a(b) of which they are a part and on which thority in No. MC 76430 incident to con­ The following applications are gov­ they are to be installed, between the summation of the transaction authorized erned by the Interstate Commerce Com­ port of entry on the United States- in No. MC-F-9848, the commodity ex­ mission’s special rules governing notice Canada boundary line located at Detroit, clusions and plantsites and warehouses of filing of applications by motor car­ Mich., on the one hand, and, on the facilities limitation are no longer neces­ riers of property or passengers under sec­ other, Dearborn and Wayne, Mich, (but sary to prevent dual operations. Peti­ tions 5(a) and 210a(b) of the Interstate not including the commercial zones tioner requests that the commodity de­ Commerce Act and certain other pro­ thereof as defined by the Commission), scription in the certificate of Miller ceedings with respect thereto. (49 CFR with restriction; and automobiles, trucks, and puses, as described in Descriptions Transport Co., Inc., in No. MC 84665, 1.240.) to the extent that, with duplications in Motor Carrier Certificates, 61 M.C.C. eliminated, it is to be incorporated into . MOTOR CARRIERS OF PROPERTY 209 and 766, in initial and secondary the certificate to be issued to National No. MC-F-9943. (Amendment) (EN- movements, in driveaway and truckaway Freight, Inc., be made to conform to CINAL TERMINALS—Control—SHIP­ service, and farm type tractors moving in the standard general commodity author­ PERS EXPRESS CO.; SH IPPERS mixed loads with automobiles and trucks, ity description as follows : “General com­ EXPRESS CO.—Purchase—ENCINAL from ports of entry on the United States- modities, except those of unusual value, TERMINALS), published in the Novem­ Canada boundary line located in Michi­ gan and New York, to points in Michigan, classes A and B explosives, household ber 22, 1967, issue of the F ederal R egis­ Indiana, Ohio, Pennsylvania, New York, goods as defined by the Commission, ter , on page 16076. By amendment filed commodities in bulk, commodities re­ June 17, 1968, Applicants seek to add Vermont, and New Hampshire, with re­ quiring special equipment, and those ALASKA PACKERS ASSOCIATION, striction. TRANSCO. INC., holds no au­ injurious or contaminating to other lad­ INC., 215 Fremont Street, San Francisco, thority from this Commission. However, ing.” Any person or persons desiring to Calif. 94119, as a party joining the ap­ its controlling stockholder participate, may file an original and six E. & L. TRANSPORT COMPANY, plication for authority for ENCINAL Prospect Avenue, Post Office Box 29»> copies of his written representations, TERMINALS to control SHIPPERS Dearborn, Mich. 48126, which is au­ views, or argument in support of, or EXPRESS COMPANY. against the petition within 30 days from No. MC-F-10136. (Second correction) thorized to operate as a common earn in all points in the United States (e the date of publication in the F ederal (GORDONS TRANSPORTS, INC.— cept Alaska and Hawaii). Apphcatio R egister. Purchase (Portion) —EUGENE PIKOV- has not been filed for temporary a - No. MC 128569 (Notice of Filing of SKY; GORDON TRANSPORTS, INC.— thority under section 210a (b). Control and Merger—HYMAN MOTOR Petition To Amend Permit To Reflect a No. MC-F-10159. Authority soughtfor Change in Location of a Plantsite), filed SERVICE CO), published in the May 29, 1968, and correction June 12, 1968, purchase by RED STAR EXPRE*^. June 3, 1968. Petitioner: ORBITAL -LINES OF AUBURN, INCORPORATED TRANSPORT, INC., 2647 Karen Street, issues of the F ederal R egister, on pages 7846 and 8629. This second corrected doing business as RED STAR EXPRE Bellmore, N.Y. 11710. Petitioner’s repre­ LINES, 24-50 Wright Avenue, Aumiri, sentative: William D. Truab, 10 East 40th notice is to include attorney for HYMAN N .Y . 13021, of the operating rights o Street, New York, N.Y. 10016. Petitioner MOTOR SERVICE CO. Vendor’s at­ torney: B. W. LaTourette, Jr., 1850 Rail­ CHAMPS EXPRESS, INCORPORATE^ presently holds a permit in No. MC 386 State Street Extension, Fairnew. 128569 issued June 20, 1967, authorizing way Exchange Building, 611 Olive Street,

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 NOTICES 9 3 7 1

Conn. 06430, and for acquisition by in Fairfield County, Conn., certain speci­ route points of Villa Ridge, Mo., and East JOHN BISGROVE, 264 East Genesee fied points in Pennsylvania, those in St. Louis, HI. Vendee is authorized to Street, Auburn, N.Y., of control of such New Jersey, and certain specified points operate as a common carrier in Missouri, rights through the purchase. Applicants' in New York. DANDIGNAC TRUCKING Illinois, Kentucky, Tennessee, Alabama, attorney: Leonard A. Jaskiewicz, 1155 SERVICE, INC., holds no authority from Mississippi, Louisiana, Texas, Wisconsin, 15th Street NW., Washington, D.C. 20005. this Commission. However, its control­ Georgia, Minnesota, Colorado, and Ohio. (In MC-F-8143, RED STAR EXPRESS ling stockholder A-P-A TRANSPORT Application has not been filed for tempo­ LINES OP AUBURN, INC., was granted CORP., 2110 85th Street, North Bergen, rary authority under section 210a(b). control of CHAMPS EXPRESS, INC., N.J. 07047, is authorized to operate as a No. MC-F-10165. Authority sought for through purchase of capital stock, pur­ common carrier in New Jersey, New control by THE CONNECTICUT COM­ suant to decision and order, by Division York, Connecticut, and Pennsylvania. PANY, 53 Vernon Street, Hartford, 3, March 25, 1964. The period within Application has been filed for temporary Conn., of THE ADLEY CORPORATION, which to exercise this authority, and authority under section 210a(b). doing business as ADLEY EXPRESS temporary authority may continue, has No. MC-F-10163. Authority sought for COMPANY, 900 Chapel Street, New been extended several times and pres­ purchase by JOHN S T ON’ S FUEL Haven, Conn; 06510, and for acquisition ently is further extended to expire De­ LINERS, INC., 808 Birch Street, Post by E. CLAYTON GENGRAS, 1000 Asy­ cember 6, 1968. The order in MC-F-8143 Office Box 100, Newcastle, Wyo. 82701, of lum Avenue, Hartford, Conn., of control also embraced the grant of the authority a portion of the operating rights of Of THE ADLEY CORPORATION, doing in No. MC—120106 Sub 1, to CHAMPS INDIANHEAD TRUCK LINE, INC., 1947 business as ADLEY EXPRESS COM­ EXPRESS, INC., and provides for the West County Road C, St. Paul, Minn. PANY, through the acquisition by THE issuance of a certificate of public con­ 55113, and for acquisition by ELDON CONNECTICUT COMPANY. Applicants’ venience and necessity when consum­ JOHNSTON, Wheatland, Wyo., and C. attorneys and representative: Thomas mated.) Operating rights sought to be WILSON BURNETTE,. 120 Fifth Ave­ W. Murrett, 410 Asylum Street, Hartford, transferred: In pending Docket No. MC- nue, Newcastle, Wyo., of control of such Conn. 06103, Howard T. Gillis, 900 Chapel 120106 Sub 1, seeking a certificate of rights through the purchase. Applicants’ Street, New Haven, Conn., and John S. public convenience and necessity, cov­ attorneys: Stockton and Lewis, The 1650 Murtha, 97 Elm Street, Hartford, Conn. ering the transportation of general com­ Grant Street Building, Denver, Colo. Operating rights sought to be controlled: modities, except household goods, and 80203. Operating rights sought to be General commodities, with certain spec­ commodities requiring the use of dump transferred: Cement, as a common car­ ified exceptions, and numerous other trucks, tank trucks, or special equipment, rier, over irregular routes, from Rapid specified commodities, as a common car­ as a common carrier, over irregular City, S. Dak., to points in that part of rier, over regular and irregular routes, routes, between Bridgeport, Conn., on the North Dakota east of a line beginning at from, to, and between specified points in one hand, and, on the other, points in the North Dakota-South Dakota State the States of Massachusetts, Pennsyl­ Connecticut, except points in Fairfield line and extending along U.S. Highway vania, Connecticut, New York, New Jer­ County, Conn. Vendee is authorized to 281 to junction North Dakota Highway sey, Virginia, Maryland, Delaware, North operate as a common carrier in New 57, thence along North Dakota Highway Carolina, Vermont, New Hampshire, York, Pennsylvania, Connecticut, New 57 to junction North Dakota Highway Maine, Florida, and the District of Co­ Jersey, Vermont, Massachusetts, and 20, and thence along North Dakota High­ lumbia, serving various intermediate and Rhode Island. Application has not been way 20 to the United States-Canada off-route points, as more specifically de­ filed for temporary authority under sec­ boundary line; and cement, in bulk, in scribed in Docket No. MC-2542 and sub­ tion 210a(b). hopper-type vehicles, from Rapid City, numbers thereunder. This notice does not 'No. MC-F-10162. Authority sought for S. Dak., and points within 10 miles there­ purport to be a complete description of purchase by DANDIGNAC TRUCKING of, to points in Montana, Wyoming, and all of the operating rights of the carrier SERVICE, INC., 2110 85th Street, North Nebraska. Vendee is authorized to op­ involved. The foregoing summary is be­ Bergen, N.J. 07047, of the operating erate as a common carrier in Wyoming, lieved to be sufficient for purposes of rights and certain property of VICTOR Nebraska, South Dakota, North Dakota, public notice regarding the nature and MAZZA AND ROSANNA MAZZA, doing Utah, Idaho, Ari^pna, New Mexico, extent of this carrier’s operating rights, business as DANDIGNAC TRUCKING Oregon, Colorado, Montana, Florida, without stating, in full, the entirety, SERVICE, 1684 Richmond Terrace, Wisconsin, Illinois, Maine, Minnesota, thereof. THE CONNECTICUT COM­ Staten Island, N.Y., and for acquisition Maryland, Massachusetts, New Jersey, PANY is authorized to operate as a com­ by A-P-A TRANSPORT CORP., also of New York, Pennsylvania, Rhode Island, mon carrier in Connecticut, New York, North Bergen, N.J., of control of such Vermont, Oklahoma, Texas, and the Dis­ New Jersey, Pennsylvania, Massachu­ rights and property through the pur­ trict of Columbia. Application has not setts, Rhode Island, Vermont, New chase. Applicants’ attorney and repre­ been filed for temporary authority under Hampshire, Maine, Delaware, Maryland, sentative: Herbert Bur stein, 160 Broad­ section 210a(b). Virginia, and the District of Columbia. way, New York, N.Y. 10038, and Herbert No. MC-1Q164. Authority sought for Application has not been filed for tem­ Ginzburg, 36 Richmond Terrace, Staten purchase by BEAUFORT TRANSFER porary authority under Section 210a(b). Island, N.Y. Operating rights sought to COMPANY, Post Office Box 102, Gerald, N o t e : THE COLONY COMPANY pres­ be transferred: Pipe and pipe fittings, Mo. 63037, of the operating rights of ST. ently controls THE ADLEY CORPORA­ as a common carrier, over irregular LOUIS, WASHINGTON, UNION EX­ TION, doing business as ADLEY EX­ routes, from certain specified points in PRESS, INC., 308 Burnside Street, Wash­ PRESS COMPANY, pursuant to order in New Jersey, to certain specified points in ington, Mo. 63090, and for acquisition by MC-F-9821, by Review Board No. 5, New York; cotton softener and "bleach OLIN R. FLOTTMANN, JOHN MEYER, granted December 18,1967, and consum­ and muriates and chlorates of potassium, ROY FLOTTMAN, and LEO FLOTT­ mated February *27,1968. from New York, N.Y., to certain speci­ MANN, all also of Gerald, Mo., of control No. MC-F-10166. Authority sought for fied points in New Jersey; ingredients of such rights through the purchase. Ap­ purchase by FLEET TRANSPORT COM­ used in the manufacture of brewery plicants’ attorney: Thomas F. Kilroy, PANY, INC., 934 44th Avenue North, Products, from points on Staten Island, 1341 G Street NW., Washington, D.C. Nashville, Term. 37209, of a portion of N.Y., to certain specified points in New 20005. Operating rights sought to be the operating rights of WHARTON Jersey, Pennsylvania, and Bridgeport transferred: General commodities, ex­ TRANSPORT CORPORATION, 1498 and New Haven, Conn.; heavy machin- cept those of unusual value, classes A Channel Avenue, Memphis, Tenn. 38106, bnd structural steel used in connec­ and B explosives, household goods as de­ and for acquisition by FLEET MAN­ tion therewith, between New York, N.Y., fined by the Commission, commodities AGEMENT CO., and, in turn by CAL­ and certain specified points in Pennsyl­ in bulk, commodities requiring special VIN HOUGHLAND and J. G. PAGE, JR., vania, those in New Jersey, and certain equipment, and those injurious or con­ all also of Nashville, Tenn., of control of specified points in New York; and stor- taminating to other lading, as a common such rights through the purchase. Ap­ carrier, over regular routes, between St. plicants’ attorneys: R. J. Reynolds, Jr., a9e tanks, capacity of 5,000 gallons or Louis, Mo., and Washington, Mo., serv­ 604 Healey Building, Atlanta, Ga. 30303, ever, between New York, N.Y., and points ing all intermediate points, and the off- and James N. Clay in , 2700 Sterick

FEDERAL REGISTER, V O L 33, NO. 124— WEDNESDAY, JUNE 26, 1968 937 2 NOTICES

Building, Memphis, Tenn. 38103. Operat­ SAS MOTOR COACHES LIMITED, ville, Tex. 78520; and for acquisition by ing rights sought to be transferred: Pe­ INC., 315 Continental Avenue, Dallas, TRANSCONTINENTAL BUS SYSTEM, troleum and petroleum products, in bulk, Tex. 75207, (3) BAYSHORE BUS LINES, INC., also of Dallas, Tex., of control of in tank vehicles, as described in appendix INC., 425 Bolton Avenue, Alexandria, La. above-named carriers through the ac­ XIII to the report in Descriptions in 87101, (4) CAROLINA SCENIC STAGES, quisition by CONTINENTAL TRAIL- Motor Carrier Certificates, 61 M.C.C. 209, 417 West Fifth Street, Charlotte, North WAYS, INC. Applicants’ attorneys: Carl as a common carrier, over irregular Carolina 28201, (5) COASTAL STAGES B. Callaway, D. Paul Stafford, and War­ routes, from the site of the pipeline ter­ CORPORATION, 417 West Fifth Street, ren A. Goff, all of 315 Continental Ave­ minal of the Oklahoma-Mississippi River Charlotte, N.C. 28201, (6) CONTINEN­ nue, Dallas, Tex. 75207. Operating rights Products Line, Inc., at or near West TAL ATLANTIC LINES, INC., a non­ sought to be controlled: Memphis, Ark., to points in Tennessee carrier, 448 Pine Street, Macon, Ga. (1) Passengers and their baggage, and on or west of that portion of the Ten­ 31201, (7) CONTINENTAL BUS SYS­ express, mail, and newspapers, in the nessee River extending from the Ken- TEM, INC., 315 Continental Avenue, same vehicle with passengers, as a com­ tucky-Tennessee State line near Fort Dallas, Tex. 75207, (8) CONTINENTAL mon carrier, over regular routes, from, Donelson National Military Park and CRESCENT LINES, INC., 425 Bolton to, and between specified points in the Cemetery to the Tennessee-Alabama Avenue, Alexandria, La. 87101, (9) CON­ States of New York, Pennsylvania, Ohio, State line near Shiloh National Military TINENTAL PACIFIC LINES, doing Indiana, New Jersey, California, Arizona, Park and Cemetery. Vendee is authorized business as CONTINENTAL PACIFIC Missouri, Oklahoma, Texas, New Mexico, to operate as a common carrier in Geor­ TRAILWAYS, 1501 South Central Ave­ Maryland, Michigan, Illinois, Colorado, gia, Tennessee, Arkansas, North Caro­ nue, Los Angeles, Calif. 90021, (10) CON­ Nebraska, Wyoming, Utah, Iowa, South lina, Florida, South Carolina, Louisiana, TINENTAL PANHANDLE LINES, INC., Dakota, and the District of Columbia, Mississippi, Illinois, Kentucky, Indiana, 400 Monroe Street, Amarillo, Tex. 79201, with certain restrictions, serving various Ohio, West Virginia, Texas, Virginia, (11) CONTINENTAL SOUTHERN intermediate and off-route points, as Michigan, New York, Delaware, Mary­ LINES, INC., 425 Bolton Avenue, Alex­ more specifically described in Docket No. land, Pennsylvania, Arkansas, Okla­ andria, La. 87101, (12) CONTINENTAL MC-2890 and sub-numbers thereunder; homa, and the District of Columbia. Ap­ TENNESSEE LINES, INC., 418 Fifth (2) passengers and their baggage, and plication has not been filed for tempo­ Avenue, South, Nashville, Tenn. 37203, express, newspapers, and mail in the rary authority under section 210a (b). (13) DENVER-COLORADO SPRINGS­ same vehicle with passengers, as a com­ No. MC-F-10160. Authority sought for PUEBLO MOTOR WAY, INC., 2450 Cur­ mon carrier, over regular routes, from, consolidation into CONTINENTAL tis Street, Denver, Colo. 80205, (14) DEN­ to, and between specified points in the TRAILWAYS, INC., 315 Continental VER-SALT LAKE-PACIFIC STAGES, States of Tennessee, Texas, and Avenue, Dallas, Tex. 75207, of the operat­ INC., 2450 Curtis Street, Denver, Colo. Arkansas, serving various intermediate ing rights and property of TRANSCON­ 80205, (15) EAGLE CHARTER SERV­ points, as more specifically described in TINENTAL BUS SYSTEM, INC., 315 ICE, a noncarrier, 417 West Fifth Street, Docket No. MC-50026 and sub-numbers Continental Avenue, Dallas, Tex. 75207, Charlotte, N.C. 28201, (16) FORT thereunder; (3) passengers and their and for acquisition by TRANSCON­ BRAGG COACH COMPANY, INC., 417 baggage, and newspapers, express, and TINENTAL BUS SYSTEM, INC., also of West Fifth Street, Charlotte, N.C. 28201, mail in the same vehicle with passengers, Dallas, Tex., of control of such rights and (17) GEORGIA-FLORIDA COACHES, as a common carrier, over regular routes, property through the transaction. Ap­ INC., 417 West Fifth Street, Charlotte, from, to, and between specified points in plicants’ attorneys: Carl B. Callaway, N.C. 28201, (18) GIBSON LINES, 1501 the State of Texas, serving all intermedi­ Warren A. Goff, and D. Paul Stafford, South Central, Los Angeles, Calif. 90021, ate points, as more specifically described all of 315 Continental Avenue, Dallas, (19) JOHNSON COUNTY SUBURBAN in Docket No. MC-11929; (4) passengers Tex. 75207. Operating rights sought to be LINES, INC., Main and Markham and their baggage, and express, mail, consolidated: Passengers and their bag­ Streets, Little Rock, Ark. 72201. and newspapers in the same vehicle with gage, and express, mail, and newspapers, (20) GREY LINE OF CHARLESTON,passengers, as a common carrier, over in the same vehicle with passengers, as a INC., an non-carrier, 417 West Fifth regular routes, from, to, and between common carrier, over regular routes, Street, Charlotte, N.C.', 28201, (21) MID­ specified points in the States of North from, to, and between specified points in WEST BUSLINES, INC., Main and Carolina, Georgia, and South Carolina, the States of Illinois, Missouri, Kansas, Markham Streets, Little Rock, Ark. with certain restrictions, serving various California, Texas, Oklahoma, New Mex­ 72201, (22) MUSCATINE, DAVENPORT intermediate points, as more specifically ico, Utah, Arizona, Colorado, Nebraska, AND CLINTON BUS COMPANY, 1805 described in Docket No. MC-109598 and Arkansas, Indiana, Iowa, Louisiana, and Leavenworth Street., Omaha, Nebr. sub-numbers thereunder; (5) passengers Arizona, serving various intermediate 68102, (23) QUEEN CITY COACH COM­ and their baggage, and express and points, over numerous alternate routes PANY, 417 West Fifth Street, Charlotte, newspapers in the same vehicle with for operating convenience only, as more N.C. 28201, (24) RANDOLPH FIELD passengers, as a common carrier, over specifically described in Docket No. MC- BUS COMPANY, INC., 315 Continental regular routes, from, to, and between 109780 and sub-numbers thereunder. Avenue, Dallas, Tex. 75207, (25) SAFE­ specified points in the State of South This notice does not purport to be a com­ WAY TRAILS, INC., 1200 Eye Street Carolina, serving various intermediate, plete description of all of the operating NW., Washington, D.C. 20005, (26) points, as more specifically described rights of the carrier involved. The fore­ SMOKY MOUNTAIN STAGES, INCOR­ in Docket No. MC-110595 Sub 4 and going summary is believed to be sufficient PORATED, 417 West Fifth Street, sub-numbers thereunder. for purposes of public notice regarding Charlotte, N.C. 28201, (27) SOUTH­ (7) Passengers and their baggage, and the nature and extent of this carrier’s op­ EASTERN MOTOR LINES, INC., 417 express, mail, and newspapers^ in the erating rights, without stating, in full, West Fifth Street, Charlotte, N.C. 28201, same vehicle with passengers, as a com­ the entirety, thereof. Application has not (28) TENNESSEE TRAILWAYS, INC., mon carrier, over regular routes, from, been filed for temporary authority under 710 Sevier Avenue, Knoxville, Tenn. to, and between specified points in the States of Colorado, Utah, Texas, NeW section 210a(b). N o t e : See also MC-F- 37902, (29) TRAILWAYS OF NEW 10161 (CONTINENTAL TRAILWAYS, ENGLAND, INC., 1200 Eye Street NW., Mexico, Louisiana, Oklahoma, and Ar­ INC.—Control—AMERICAN BUSLINES, Washington, D.C, 20005, (30) UNION kansas, with certain restrictions, serving INC., ET AL.), published in this same BUS LINES, INC., 1102 East St. Francis various intermediate points, over two ai“ issue. Finance Docket No. 25153 is simul­ Street, Brownsville, Tex. 78520, (31) ternate routes for operating convenience taneously filed. VALLEY TRANSIT LINES, INC., 2450 only, as more specifically described m No. MC-F-10161. Authority sought for Curtis Street, Denver, Colo. 80205, (32) Docket No. MC-107586 and sub-numbers control by CONTINENTAL TRAIL- VIRGINIA STAGE LINES, INCOR­ thereunder; (8) passengers and their WAYS, INC., 315 Continental Avenue, PORATED, 114 Fourth Street SE., baggage, and express, mail, and news­ Dallas, Tex. 75207, of (1) AMERICAN Charlottesville, Va. 22902, and (33) papers in the same vehicle with passen­ BUSLINES, INC., 1501 South Central, WINTER GARDEN BUS LINE, INC., gers, as a common carrier, over re g u la r Los Angeles, Calif. 90021, (2) ARKAN- 1102 East St. Francis Street, Browns­ routes, from, to, and between specified

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 NOTICES 9 3 7 3

points in the States of Georgia, Alabama, thereunder; (16) passengers and their scribed in Docket No. MC-84728 and and Tennessee, with restriction, serving baggage, and express, newspapers, and sub-numbers thereunder. various intermediate points, over one al­ mail, in the same vehicle with passengers, (26) Passengers and their baggage, ternate route for operating convenience as a common carrier, over a regular and express, newspapers, and mail, in only, as more specifically described in route, from, to, and between specified the same vehicle with passengers, as a Docket No. MC-114271 and sub-numbers points in the State of North Carolina, common carrier, over regular routes, thereunder; (9) passengers and their serving all intermediate points, as more from, to, and between specified points in baggage, and express and newspapers, specifically described in Docket No. MC- the States of North Carolina, Tennessee, in the same vehicle with passengers, as 3604; (17) passengers and their baggage, Georgia, and South Carolina, with a common carrier, over regular routes, and newspapers, express, and mail, in certain restriction, serving various inter­ from, to, and between specified points in the same vehicle with passengers, as a mediate points, as more specifically de­ the States of California, Washington, common carrier, over regular routes, scribed in Docket No. MC-61598 and and Oregon, serving various interme­ from, to, and between specified points in sub-numbers thereunder; (27) pas­ diate points, over two alternate routes for the States of Georgia and Florida, serv­ sengers and their baggage, and news­ operating convenience only, as more spe­ ing all intermediate points, as more papers, mail, and express, in the same cifically described in Docket No. MC- specifically described in Docket No. MC- vehicle with passengers, as a common 89037 and sub-numbers thereunder; (10) 102837 and sub-number thereunder; carrier, over regular routes, from, to, and passengers and their baggage, and ex­ (18) passengers and their bagagge, and between specified points in the States press, newspapers, and mail, in the7same express in the same vehicle with pas­ of Georgia, Alabama, and Tennessee, vehicle with passengers, as a common sengers, as a common carrier, over a serving all intermediate and one off- carrier, over regular routes, from, to, and regular • route, from, to, and between route point, as more specifically described between specified points in the States of specified points in the State of Cali­ in Docket No. MC-86157 and sub-num­ Texas and Oklahoma, serving various in­ fornia, serving all intermediate points, bers thereunder; (28) passengers and termediate points, as more specifically as more specifically described in Docket their baggage, and express, newspapers, described in Docket No. MC-8742 and No. MC-57729; (19) passengers and their and mail in the same vehicle with pas­ sub-numbers thereunder; baggage, and express and newspapers in sengers, as a common carrier, over reg­ (ID Passengers and their baggage, the same vehicle with passengers, as a ular and irregular routes, from, to, and and newspapers, express, and mail in the common carrier, over regular routes, between specified points in the United same vehicle with passengers or in a from, to, and between specified points States (except Alaska and Hawaii), with separate vehicle, as a common carrier, in the States of Missouri and Kansas, certain restriction, over various inter­ over regular and irregular routes, from, serving all intermediate points, as more mediate points, as more specifically to, and between specified points in the specifically described in Docket .No. described in Docket No. MC-8500 and United States (including Alaska but MC-126782. sub-number thereunder. excluding Hawaii), with certain restric­ (21) Passengers and their baggage, (29) Passengers and their baggage, tions, serving various intermediate and express and newspapers in the same and of express and newspapers, in the points, as more specifically described in vehicle with passengers, as a common same vehicle with passengers, as a Docket No. MC-29957 and sub-numbers carrier, over regular routes, from, to, and broker, at Boston, Lowell, Springfield, thereunder; (12) passengers and their between specified points in the States of Mass., and Hartford and New Haven, baggage, and express and newspapers, Missouri, Texas, Arkansas, Tennessee, Conn., on the one hand, and, on the other, in the same vehicle with passengers, as a and Louisiana, serving various inter­ points in the United States, with restric­ common carrier, over regular routes, mediate points, over one alternate route tion ; and passengers and their baggage, from, to, and between specified points in for operating convenience only, as more and express, mail, and newspapers, in the States of Tennessee, Kentucky, and specifically described in Docket No. MC- the same vehicle with passengers, as a Mississippi, with certain restrictions, 61616 and sub-numbers thereunder; common carrier, oyer regular routes, serving various intermediate points, as (22) passengers and their baggage, and from, to, and between specified points in more specifically described in Docket No. newspapers, express, and mail in the the States of New York, Massachusetts, MC-55312; and Class D poisons for the same vehicle with passengers, as a com­ Connecticut, New Hampshire, Rhode . U.S. Government (Atomic Energy Com­ mon carrier, over regular routes, from, Island, and Maine, with certain restric­ mission) and moving on Government to, and between specified points in the tions, serving various intermediate bills of lading, as a contract carrier, over State of -Iowa, serving all intermediate points, over numerous alternate routes irregular routes, between Oak Ridge, points, as more specifically described in for operating convenience only, as more Tenn., and Kevil, Ky.; (13) passengers Docket No. MC-107652; (23) passengers specifically described in Docket No. MC- and their baggage, and of express and and their baggage, and express, mail, and 1940 and sub-numbers thereunder; (30) newspapers, in the same vehicle with pas­ newspapers, in the same vehicle with passengers and their baggage, and sengers, as a broker, at Denver, Colorado passengers, as a common carrier, over Springs, and Pueblo, Colo., between express, newspapers, and mail, in the regular routes, from, to, and between same vehicle with passengers, as a com­ Points in the United States; and passen­ specified points in the States of Tennes­ gers and their baggage, and express, mon carrier, over regular routes, from, see, North Carolina, South Carolina, and to, and between specified points in the newspapers, and mail, in the same ve­ Georgia, serving various intermediate State of Texas, serving various inter­ hicle with passengers, as a common car­ points, as more specifically described in rier, over regular routes, from, to, and be­ mediate points, as more specifically Docket No. MC-61599 and sub-numbers described in Docket No. MC-57298 Sub 4 tween specified points in the States of thereunder; (24) passengers and their and sub-number thereunder; (3l) pas­ Colorado, Montana, Wyoming, and baggage, as a commpn carrier, over a South Dakota, with certain restriction, sengers and their baggage, and express regular route, from, to*, and between spec­ and newspapers in the same vehicle with serving various intermediate and off- ified points in the State of Texas, serv­ passengers, as a common carrier, over a route points, over two alternate routes ing all intermediate points, as more for operating convenience only, as more regular route, from, to, and between, specifically described in Docket No. MC- points in the States of New Mexico and specifically described in Docket No. MC- 115515; C25) passengers and their bag­ 28462 and sub-numbers thereunder. Colorado, serving all intermediate gage, and express, mail, and newspapers points, as more specifically described in (14) Passengers and their baggage, in the same vehicle with passengers, as Docket No. MC—37904 Sub 3. and newspapers, mail, and express in a common carrier, over regular and ir­ the same vehicle with passengers, as a regular routes, from, to, and between (32) Passengers and their baggage, common carrier, over regular routes, specified points in the States of New and express, mail, and newspapers in the from, to, and between specified points York, New Jersey, Pennsylvania, Mary­ same vehicle with passengers, as a com­ m the States of Colorado and Utah, serv­ land, Delaware, Virginia, and the District mon carrier, over regular and irregular ing various intermediate points, over one of Columbia, with certain restrictions, routes, from, to, and between specified alternate route for operating conven­ serving various intermediate points, over points in the States of Virginia, North ience only, as more specifically described one alternate route for operating con­ Carolina, West Virginia, Kentucky, Ohio, m Docket No. MC-1097 and sub-numbers venience only, as more specifically de­ and Maryland, with certain restrictions,

FEDERAL REGISTER, VOL. 33, NO. T24— WEDNESDAY, JUNE 26, 1968 No. 12‘ -7 9 3 7 4 NOTICES

serving various intermediate and off- Dakota within 20 miles of Avon, on rights in certificates No. MC-46313 (Sub- route points, over numerous alternate the one hand, and, on the other, points Nos. 1 and 7) sought to be transferred: routes for operating convenience only, as in Nebraska, Iowa, and North Dako­ Household goods, as defined by the Com­ more specifically described in Docket No. ta. The above-entitled transfer appli­ mission, between points in Chouteau, MC-59238 and sub-numbers thereunder; cations (Nos. MC-FC-69673, MC-FC- Liberty, Hill, and Blaine Counties, and (33) passengers and their baggage, 69688,-and MC-FC-69714) under section Mont., on the one hand, and, on the and express, mail, and newspapers in the 212(b) of the Interstate Commerce Act other, points in California, Colorado, same vehicle with passengers, as a com­ are to be assigned for oral hearing at a Idaho, Oregon, Utah, Washington, and mon carrier, over regular routes, fmm, time and place to be fixed for the purpose Wyoming; between points in Montana; to, and between specified points in the of determining whether said applications between points in Roosevelt, Richland, State of Texas, serving, all intermediate fall within the exemption of section Wibaux, Fallon, Carter, Powder River, points, as more specifically described in 5(10) of the Act, whether common con­ Big Horn, Carbon, Liberty, Hill, Blaine, Docket No. MC-98674 Sub 1. This notice trol of North Central Van Lines, Inc., and Chouteau Counties, Mont., on the one does not purport to be a complete de­ and Far-Go Van Lines, Inc., has been hand, and, on the other, points in Wyo­ scription of all of the operating rights effectuated in violation of section 5(4) of ming; and between points in Roosevelt, of the carriers involved. The foregoing the Act, whether certain of the operating Richland, Wibaux, Fallon, Carter, Pow­ summary is believed to be sufficient for rights sought to be purchased by trans­ der River, Big Horn, and Carbon Coun­ purposes of public notice regarding the feree are dormant, whether transferee ties, Mont., on the one hand, and, on nature and extent of the carrier’s op­ is financially fit to conduct operations the other, points in North Dakota and erating rights, without stating, in full, under all of said rights, and whether the South Dakota. The above-entitled trans­ the entirety, thereof. Application has not separate transactions satisfy the Rules fer applications (Nos. MC-FC-69757, been filed for temporary authority under and Regulations Governing Transfers of MC-FC-69787, and MC-FC-69836) under section 210a(b). N o t e : See also MC-P- Rights to Operate as a Motor Carrier in section 212(b) of the Interstate Com­ 10160 (CONTINENTAL TRAIL WAYS, Interstate or Foreign Commerce (49 CFR merce Act are to be assigned for oral INC. — Consolidation — TRANSCONTI­ Part 1132). Interested parties have 30 hearing at a time and place to be fixed NENTAL BUS SYSTEM, INC.) published days from the date of this publication in for the purpose of determining whether in this same issue. which to file petitions for leave to inter­ said applications fall within the exemp­ vene. Such petitions should state the rea­ tion of section 5(10) of the Act, and, if so T ransfer A pplications Under S ection son or reasons for the intervention, whether the transfers satisfy the Rules 212(b) W hich H ave B een D esignated where the petitioner wishes the hearing and Regulations Governing Transfers of for O ral H earing held, the number of witnesses it expects Rights to Operate as a Motor Carrier in MC-FC-69673. Authority sought by to present, and the estimated time re­ Interstate or Foreign Commerce (49 transferee, NORTH CENTRAL VAN quired for presentation of its evidence. CFR Part 1132). Interested parties have LINES, INC., 2540 North 27th Street, MC-FC-69757. Authority sought by 30 days from the date of this publication Lincoln, Nebr. 68504, for transfer of the transferee, FAR-GO VAN LINES, INC., in which to file petitions for leave to operating rights of transferor, HAWKES 2516 Ingleside Road, Norfolk, Va. 23513, intervene. Such petitions should state TRANSFER & STORAGE CO., INC., 848 for transfer of a portion of the operating the reason or reasons for the interven­ South First Street, Pocatello, Idaho rights of transferor, ECONOMY MOV­ tion, where the petitioner wishes the 82201. Transferee’s and transferor’s rep­ ERS, INC., North Platte, Nebr. 69101. hearing to be held, the number of wit­ resentative: ROBERT J. GALLAGHER, Transferee’s and transferor’s repre­ nesses it expects to present, and the esti­ 66 Central Street, Wellesley, Mass. 02181. sentatives: DONALD E. LEONARD, Box mated time required for presentation of Operating rights in certificate No. MC- 2028, Lincoln, Nebr. 68501 and ROB­ its evidence. 53693 sought to be transferred: House­ ERT J. GALLAGHER, 66 Central Street, By the Commission. hold goods as defined tyy the Commission, Wellesley, Mass. 02181. Portion of oper­ between points in Idaho, on the one [ seal] H. N eil G arson, ating rights in certificate No. MC-5227 Secretary. hand, and, on the other, points in Mon­ sought to be transferred: Household tana and Washington. goods, as defined by the Commission, and [F.R. Doc. 68-7569; Filed, June 25, 1968; MC-FC-69688. Authority sought by emigrant movables, between points in 8:49 a.m.] transferee, NORTH CENTRAL VAN Nebraska, on the one hand, and, on the LINES, INC., 2540 North 27th Street, other, points in Colorado, Kansas, and [Notice 164] Lincoln, Nebr. 68504, for transfer of a Iowa. portion of the operating rights of trans­ MC-FC-69787. Authority sought by MOTOR CARRIER TRANSFER feror, BERTIE STINSON, doing business transferee, FAR-GO VAN LINES, INC., PROCEEDINGS as STINSON TRANSFER COMPANY, 2516 Ingleside Road, Norfolk, Va. 23513, J une 21,1968. Kensley, Kans. 67547. Transferee’s and for transfer of a portion of the operating transferor’s representative: ROBERT J. rights of transferor, TRANSPORT VAN Synopses of orders entered pursuant GALLAGHER, 66 Central Street, Wel­ LINES, INC., 501 West Sixth Street, to section 212(b) of the Interstate Com­ lesley, Mass. 02181. Portion of operating Papillion, Nebr. 68046. Transferee’s and merce Act, and rules and rights in certificate No. MC-52351 sought transferor’s representative: ROBERT J. prescribed thereunder (49 CFR Pari to be transferred: Household goods, as GALLAGHER, 66 Central Street, Welles­ 279), appear below: defined by the Commission, between ley, Mass. 02181. Portion of operating As provided in the Commission’s spe­ points in Kansas (except Kensley) on rights in certificate No. MC-126593 cial rules of practice any interested per­ and west of U.S. Highway 81, on the one sought to be transferred: Household son may file a petition seeking r®0011“ hand, and, * on the other, points in goods as defined by the Commission, be­ sideration of the following numbered Colorado. tween Bradshaw, Nebr., and points proceedings within 20 days from the MC-FC-69714. Authority sought by within 25 miles thereof, on the one hand, date of publication of this notice. Pur* transferee, NORTHERN CENTRAL VAN and, on the other, points in Iowa and suant to section 17(8) of the Interstate LINES, INC., 2540 North 27th Street, Missouri. Commerce Act, the filing of such a peti­ Lincoln, Nebr. 68504, for transfer of a MC-FC-69836. Authority sought by tion will postpone the effective date o portion of the operating authority of transferee, FAR-GO VAN LINES, INC., the order in that proceeding pending its transferor, ORUAN TJEERDSMA, Avon, 2516 Ingleside Road, Norfolk, Va. 23513, S. Dak. 57315. Transferee’s and trans­ disposition. The matters relied upon by for transfer, of a portion of the operat­ petitioners must be specified in their feror’s representative: Robert J.-G al­ ing rights of transferor, SUHR TRANS­ lagher, 66 Central Street, Wellesley, PORT, a corporation, Box 1727, Great petitions with particularity. Mass. 02181. Portion of operating rights Falls, Mont. 59401. Transferee’s and No. MC-FC-70457. By -order of June in certificate No. MC—14716 (Sub-No. 3) transferor’s representative: ROBERT J. 18, 1968, the Transfer Board a p p ro v e d sought to be transferred: household the transfer to Pozzi Brothers Trans" goods and emigrant movables, between GALLAGHER, 66 Central Street, Welles­ Avon, S. Dak., and points in South ley, Mass. 02181. Portion of operating portation, Inc., Kent, Wash., of t e

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 NOTICES 937 5

operating rights in certificates Nos. MC- authorized by certificate of public con­ This determination is published pur­ 7205, MC-7205 (Sub-No. 2), MC-7205 venience and necessity No. 12584MC is­ suant to section 201(c) of the Anti­ (Sub-No. 3), and MC-7205 (Sub-No. 4) sued April 19, 1955, by the Illinois Com­ dumping Act, 1921, as amended (19 issued September 12, 1956, October 15, merce Commission. Robert H. Levy, 29 U.S.C. 160(c)). 1956, May 22, 1964, and June 27, 1967, to South La Salle Street, Chicago, HI. 60603, Ralph Pozzi, Carl A. Pozzi, Clinton D. attorney for applicants. [ seal] Joseph M . B o w m a n , Pozzi, and Wayne Pozzi, a partnership, No. MC-FC-70570. By order of June 18, Assistant Secretary of the Treasury. doing business as Pozzi Bros. Transpor­ 1968, the Transfer Board approved the Ju n e 21, 1968. tation Co., Kent, Wash., authorizing the transfer to Hartlage Truck Service, Inc., [F.R. Doc. 68-7650; Filed, June 25, 1968; transportation, over regular routes of St. Louis, Mo., of the operating rights in 8:50 a.m.] general commodities, with various excep­ certificate No. MC-80434 issued April tions, between the following points in 20, 1964, to George Hartlage, doing busi­ the State of Washington: Seattle and ness as Hartlage Truck Service, St. Louis, t-" [Antidumping—ATS 643.3-G] Auburn, Tacoma and Earlington, Ta­ Mo., authorizing the transportation of PIG IRON FROM EAST GERMANY coma and Puyallup, Kent and Renton, general commodities, with the usual Sumner and Renton Junction, Tacoma exceptions, between points in the St. Determination of Sales at Less Than and Sumner, Tacoma and Kent, Tacoma Louis, Mo.-East St. Louis, HI., commer­ Fair Value and Fort Lewis, Enumclaw and Mud cial zone, as defined by the Commission. Mountain Dam, Enumclaw and Seattle, Austin C- Knetzger, 722 Chestnut Street, On March 28,1968, there was published and Enumclaw and Tacoma, serving cer­ St. Louis, Mo. 63101, attorney for appli­ in the F ederal R egister a “Notice of tain intermediate and off-route points. cants. Tentative Determination” that pig iron Robert E. Ratcliffe, 135 Southwest 153d No. MC-FC-70589. By order of June imported from East Germany is being or Street, Seattle, Wash. 98166, attorney 19, 1968, the Transfer Board approved is likely to be, sold at less than fair value for applicants. the transfer to Joe H. Blattler, Carson, within the meaning of section 201(a) of No. MC-FC-70502. By order of June Wash., of permit in No. MC-128645 (Sub- the Antidumping Act, 1921, as amended 17, 1968, the Transfer Board approved No. 2), issued July 13, 1967, to Joe Blat­ (19 U.S.C. 160(a)). the transfer to Western Transit Co., a tler, Carson, Wash., authorizing the The statement of reasons for the ten­ corporation, doing business as Western transportation of veneer lumber, from tative determination was published in Transit Co. and Town and Country Carson, Wash., to points in Oregon. the above-mentioned notice, and inter­ G.M.C., Billings, Mont., of that portion Earle V. White, 2400 Southwest Fourth ested parties were afforded until of the operating rights in certificate No. Avenue, Portland, Oreg. 97201, attorney April1 29, 1968, to make written submis­ MC-84690 issued December 3, 1963, to for applicants. sions or requests for an opportunity to Northern Pacific Transport Co., a cor­ present views in connection with the [ seal] H . N eil G arson, tentative determination. poration, St. Paul, Minn., authorizing Secretary. the transportation of passengers and An opportunity was afforded to the their baggage, and express, newspapers, [F.R. Doc. 68-7570; Filed, June 25, 1968; attorney of the importer of the East Ger­ and mail in the same vehicle with pas­ 8:49 a.m.] man pig iron to present views, and all sengers, between Billings, Mont., and Red interested parties of record were notified. Lodge, Mont., serving the intermediate After consideration of all written sub­ points of Laurel, Mason, Silesia, Joliet, missions and oral argument, I hereby de­ Rockvaie, Mount Aqua, Boyd, Selmes, DEPARTMENT OF THE TREASURY termine that for the reasons stated in Roberts, and Fox, operating from Bill­ Office of the Secretary the tentative determination pig iron im­ ings over U.S. Highway 212 to Red ported from East Germany is being or is Lodge, and return over the same route. [Antidumping—ATS 643.3-G] likely to be, sold at less than fair value Gene E. House, 1501 Second Avenue PIG IRON FROM CZECHOSLOVAKIA within the meaning of section 201(a) of North, Post Office Box 1253, Billings, the Antidumping Act, 1921, as amended Mont. 59103, representative for appli­ Determination of Sales at Less Than (19 U.S.C. 160(a)). cants. Fair Value This determination is published pur­ 1Q^°- MC-FC-70562. By order of Jun On March 28, 1968, there was pub­ suant to section 201(c) of the Antidump­ 19, 1968, the Transfer Board approve! ing Act, 1921, as amended (19 U.S.C lished in the F ederal R egister a “Notice 160(c)). the transfer to J. D. Griggs Truckinj of Tentative Determination” that pig u ¡7.a corporation, Chicago, Hi., of th iron from Czechoslovakia is being, or is [ seal] Joseph M . B o w m a n , certificate of registration No. MC-12018Ì likely to be, sold at less than fair value Assistant Secretary of the Treasury. j b-No. 2) issued January 6, 1964, t< within the meaning of section 201(a) of Ju n e 21, 1968. ames D. Griggs, doing business as J. E the Antidumping Act, 1921, as amended wiggs Trucking Co., Chicago, HI., evi (19 U.S.C. 160(a)). [F.R. Doc. 68-7651; Filed, June 25, 1968; ncmg the right to engage in transpor The statement of reasons for the ten­ 8:50 a.m.] «ni in lri interstate or foreign commerci tative determination was published in roc ^^hin the State of Illinois, cor the above-mentioned notice, and inter­ [Antidumping— ATS 643.3-G] Ponding in scope to the service au ested parties were afforded until April 29, ionnze^ certificate of public convex 1968, to make written submissions or PIG IRON FROM ROMANIA noLCe and necessity No. 6056MC date« requests for an opportunity to present Determination of Sales at Less Than ifiC?oieoeii 12, 1956> and reissued Octobe: views in connection with the tentative jJ,,*96" ' to reflect change of name only determination. Fair Value ued by the Illinois Commerce Com' An opportunity was afforded to the On March 28,1968, there was published trQ+i10n’-and the certificate of regis- attorney for the importer of the Czecho­ in the F ederal R egister a “Notice of iS,Snr,m No- MC-121147 (Sub-No. 1) slovakian pig iron to present views, and Tentative Determination” that pig iron E t «-December 20,1963, in the name o: all interested parties of record were imported from Romania is being or is r iw Hl^rrington, doing business as Har- notified. likely to be, sold at less than fair value call! ™ ° rgan Rental & Service, Chi- After consideration of all written sub­ within the meaning of section 201(a) of Ghp-L111^’ ?nd transferred to James D missions and oral argument, I hereby the Antidumping Act, 1921, as amended Trilli-Ld01ng business as J. D. Griggi determine that for the reasons stated in (19 U.S.C. 160(a)). 19 i SSg Co” Chicago, HI., December the tentative determination pig iron im­ The statement of reasons for the tenta­ prilli • pursuant to No. MC-FC-70080 ported from Czechoslovakia is being, or tive determination was published in the Dortnifmg right to engage in trans- is likely to be, sold at less than fair value above-mentioned notice, and interested rneroo101! ìn interstate or foreign com- within the meaning of section 201 (a) of parties were afforded until April 29,1968, S rS rl0l?-y within the State of Illinois the Antidumping Act, 1921, as amended to make written submissions or requests ^responding in scope to the service (19 U.S.C. 160(a)). for an opportunity to present views in

FEDERAL REGISTER, VOL. 33, NO. 124— WEDNESDAY, JUNE 26, 1968 9 3 7 6 NOTICES

connection with-the tentative determina­ value within the meaning of section 201 tion. (a) of the Antidumping Ad;, 1921, as An opportunity was afforded to the amended (19 U.S.C. 160(a)). attorney of the importer of the Roma­ ' The statement of reasons for the ten­ nian pig iron to present views, and all in­ tative determination was published in terested parties of record were notified. the above-mentioned notice, and inter­ After consideration of all written sub­ ested parties were afforded until April missions and oral argument, I hereby de­ 29, 1968, to make written submissions or termine that for the reasons stated in requests for an opportunity to present the tentative determination pig iron im­ views in connection with the tentative ported from Romania is being or is likely determination. to be, sold at less than fair value within The attorney for the importer sub­ the meaning of section 201(a) of the mitted a written request for an oppor­ Antidumping Act, 1921, as amended (19 tunity to present views in person in op­ U.S.C. 160 (a)). position to the tentative determination. This determination is published pur­ The opportunity was afforded to the suant to section 201(c) of the Antidump­ attorney, and all interested parties of ing Act, 1921, as amended (19 U.S.C. record were notified. 160(c)). After consideration of all written sub­ missions and oral argument, I hereby [ seal] Joseph M . B o w m a n , Assistant Secretary of the Treasury. determine that for the reasons stated in the tentative determination pig iron im­ Ju n e 21,1968. ported from the U.S.S.R. is being, or is [F.R. Doc. 68-7652; Filed, June 25, 1968; likely to be, sold at less than fair value 8:50 ajn.] within the meaning of section 201(a) of the Antidumping Act, 1921, as amended (19 U.S.C. 160(a)). [Antidumping—ATS 643.3-G] This determination is published pur­ PIG IRON FROM THE U.S.S.R. suant to section 201(c) of the Antidump­ ing Act, 1921, as amended (19 U.S.C. Determination of Sales at Less Than 160(c)). Fair Value [ seal] Joseph M . B o w m a n , On March 28, 1968, there was pub­ Assistant Secretary of the Treasury. lished in the F ederal R egister a “Notice of Tentative Determination” that pig Ju n e 21, 1968. iron imported from the U.S.S.R. is being, [F.R. Doc. 68-7653; Filed, June 25, 1968; or is likely to be, sold at less than fair 8:50 a.m.]

FEDERAL REGISTER, V O L 33, NO. 124— WEDNESDAY, JUNE 26, 1968 FEDERAL REGISTER 9 3 7 7

CUMULATIVE LIST OF PARTS AFFECTED— JUNE

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 June.

3 CFR Page 7 CFR—Continued Page 10 CFR Page Proclamations: 923______2------9147 8588 3385 (amended by Proc. 3855) _ 8535 944______8548, 9087 10------9286 3548 (see Proc. 3856)______8579 950______8549 50------8590 3558 (see Proc. 3856) ------__ 8579 952 ______8329 115------8590 3562 (see Proc. 3856)______8579 953 ______8502, 8649 P roposed R u l e s : 3597 (see Proc. 3856) ______8579 966______858530------9198 -3709 (see Proc. 3856)______8579 1001 ______8199 32------8350, 9198 3790 (see Proc. 3856)______8579 1002 ______8201 3852 ______8257 1003 ------8199 12 CFR 3853 ______8425 1004 ______:_____ 8200 3854 ______8533 1006______8219 207______8771 3855 _:______„_____ 8535 1015 ______217— 8200 ------9015 3856 ______8579, 9143 1016 ______8200 220 ______8772 221 ______8772 Executive O rders: 1030______9005 1036______9088 264------8655 Sept. 3,1867 (see PLO 4437) __ 8492 330______8505 July 15, 1875 (revoked in part 1064______8220 1090______8586 541------8433 by PLO 4422) ______8275 545______8221 June 8,1896 (see PLO 4437) __ 8492 1131______8266 1421___-______8220, 605------i ______8659 Apr. 17, 1926 (revoked in part 640______8809 by PLO 4432)______8341 8329, 8335, 8430, 8649, 8650, 9148 1427______8726, 8802, 9286 673------8809, 9252 June 8, 1926 (revoked in part P roposed R u l e s : by PLO 4453)______9257 1474______8221 1032 (revoked in part by PLO 1823______9148 541------8678 4431) ______8341 P roposed R u l e s : 13 CFR 1565 (revoked by PLO 4440) __ 8738 51------8343, 8740 3406 (revoked in part by PLO 724 ______9178 121— ______8547 4435)______8491 725 ------8458, 8820 5327 (see PLO 4446)______8776 777______8229, 9089 14 CFR 8647 (revoked in part by PLO 917.______25______9260 9065 4430) ______8341 923------8229 39______8336, 10166 (revoked by EO 11415) __ 9329 953------8506 8537, 8590, 8591, 8731, 8809, 9252, 10185 (revoked by EO 11415) — 9329 967______9024 9253. 11412------8583 991______8777 67______9253 11413— ______8641 1006______8600 71______8388, 11414.------8645 1009------__ 8230, 9090 8389, 8433, 8434, 8479, 8480, 8591, 11415------9329 1012------8600 8592, 8732, 8733, 8773, 9067, 9068, 1013______:____ _ 8600 9149, 9253, 9254, 9333-9335. 5 CFR 1015______8777 73______8434, 8480, 9068 213__ 8427,8585, 9068 1032------909075______8434, 8592, 9334, 9335 352______8197 1036______8461, 9090 95______9149 531.. ______8767 1041______97______9090 8435, 8733, 9151 550______9145 1044------9090105______8480 1050------9090 121— ------9065 7 CFR 1061------9026 151______8266 1062------9090 199______8267 l~n...... — ------9085 1063------9090, 9260 242______9286 tl------9285 1067.— ------9090 r ? ------*______8721 288______9335 1068------8462, 9090 375______9337 ïi------8197 1070------9090 ------9249 378______8481 1076------9090 385______9068 1078 ------9090 P roposed R u l e s : 1079 ------9090 JJJ-...... — 8259-8265, 8387, 9085, 9086 1094_------8345 39------8281, 8349, 9347, 9348 ------8649 1099------909071------8349, 4ÌS------8722 1103------8345 8393, 8508-8510, 8550, 8744, 8745, ------9145 1121------8820 8778, 8850, 9091-9093, 9178. ------8427, 8767* 1126------8820 73______8349, 9093 77, ------9331 75------8511, 8551, 8778 81, ------9331 8 CFR 378______8394 8 4 ~ ------8429 ¡¡in------8768 204------15- 9166 CFR Ml------— - 8 «5 214------— ------9332 238------9332 1------9337 goo”------9331 368 ------8902 90=------93 32 252------9332 316a------9332 369 ------8905 900------8198,8266 370 ------8906 qin------8388, 8649, 9086, 9285 371 ------8911 9lj ------3198, 8499, 8770, 8801, 9251, 9285 9 CFR 372 ------8919 915 8725 74______8537 373 ------8929 917...... 8500, 8725, 8801 78______8770 374 ------8960 921 ------8501, 8502, 8726, 9086, 9087 375 ------8963 P roposed R u l e s : 922 9251 376 ------8964 ------9147 327______9091 377 ------8965 9 3 7 8 FEDERAL REGISTER Page 15 CFR—Continued Pa*e 21 CFR— Continued Page 3 2 A CFR 379 ______8967 Proposed R ules—Continued OIA (Ch. X ) : 380 ______8979 125______8679 OI Reg. 1______—...... 8448, 8666 381 ______8983 130______8348 Proposed Rules: 382 ______8986 138______8281 OIA (Ch. X ) : 383 _ 8990 146a______8777 Reg. 1------8777 384 _ 8991 146b______8777 385 ____ 8993 146c______'----- 8777 3 3 CFR 399______8999 146d______8777 82______— ______8273 1000______8659, 8776 146e______8777 110______8594, 8595 P roposed R u l e s : 117______8775, 9256 1000______8506 22 CFR 204______— ______8390 63______— 9073 205______8273 16 CFR 601_____ 9167 207______- ______8390, 9257 13______8222-8224, 603______— 9167 8537, 8538, 8809-8811, 9068, 9069, 3 6 CFR 9165, 9254, 9255. 23 CFR 7______8486, 8543, 9074 15 ______8446, 8539, 9287 P roposed R ules: 503______8775 242______- _ 8336 256____ 8603 504______8775 414______8446 510______8775 503______8773 24 CFR 3 8 CFR P roposed R u l e s : 200______9017 ______9342 303______9094, 9304 2______9174,9342 501______8778 25 CFR 9173 74______8270 21______9019 17 CFR 221___ 9255 15______8268 233______9289 3 9 CFR 18 ______8268 503______9236 125______- 8667 24oII__ I______8269,8540, 8774, 9338 Proposed R ules: 131______.. 9174 249 ______8540 221______8820, 9089 158______9174 250 ______9287 163______— _____ 9258 275______8541 26 CFR 171______9022 279______8541 1______8271, 9168, 9289 742______8391,8668 18 CFR 31______8271 Proposed Rules: 46______8272 125______8678 1 „ ______8811 4 8 ______8272 ______— 8593 49 ______8272, 9018 41 CFR 19 CFR Proposed R ules: 8 1 __ 8486 1____ 8343 __ 8391 10 — 8730 R_4 245_____ 8453 11 6______8487,9149 13 8389 _ 8775 14 8244, 8337 101 11 28 CFR 101 as _ 9074 16 ______8224, 8244, 8337, 8447 8737 17 _ 8244, 83370______8339, 8486 101-47______21______8731 200______<______9256 24 8225 42 CFR 53_”______8244, 8337 29 CFR 73 ______8817 200______8447 5 ______8447 P roposed R u l e s : 7______8447 ij3 ____ _ 8849 P roposed R u l e s : 18______- ______9177 860______— — 9172 25______—___ 9177 1500______8542 43 CFR P roposed R ules: 2230______8338 20 CFR 60______8551, 9262 Public L and O rders: P roposed R u l e s : 464______9346 386 (revoked in part by PLO 526______9034 404______8348 4419)______-- 1404______9200 1556 (revoked in part by PLO 21 CFR 4427) ______^ 3 ______8666, 8812, 9166 30 CFR 1817 (revoked in part by PLO 8~ ______8812 P roposed R u l e s : 4454)______—______-- 15 8485 8600 1827 (revoked by PLO 4436) — 849 27 8337 2260 (see PLO 4453) ------31______8593 31 CFR 3147 (revoked in part by PLO 42 205— 8225 9342 4427)______--- 834 120— — ____ 8337, 8774, 8816, 9070, 9166 211_____ 9302 3152 (revoked in part by PLO 121____ 8338, 223______8390 4427) ------EE 8594, 8816, 8817, 9016, 9071, 9288 500______8339 3391 (see PLO 4420)------°,!n 130______8338 3584 (see PLO 4427)----- g g 144______8817 32 CFR 3836 (amended by PLO 4434) - “ 146c____ 8817 40______8433 3938 (see PLO 4440)------147______8485 187______9339 3965 (revoked in part by PLO P roposed R u l e s : 536______9256 4427)------1 ______8679 701______9018 4291 (corrected by PLO 4445)- 5 ______8679 752______9074 4371 (revoked in part by PLO 18______8847806______9018 4421)------8273 80______8679 1450_____ 8226 120 ______8847 1703_____ 8273 121 ______8777 1710_____ 8666 4420______82 FEDERAL REGISTER 9 3 7 9 Page 43 CFR— Continued 43 CFR—Continued Page 47 CFR—Continued Page Public Land O rders—Continued P ublic Land O rders— Continued 43------8595 4421 ------8275 4453 ------9257 73 ------8598, 9075 4422 ______8275 4454 ------9257 74 ------8669 4423 ______8275 4455— „ ______9342 87------9021 4424 ______8275 89------8598 45 CFR 4425 ------8275 P roposed R u l e s : 4426 ______8275 85------8304 73------8395, 9094, 9348 4427— ______£'______8340 130------8668 4428 ______8340 402 ------8776 49 CFR 4429 ______8340 403 ------8776 4430 ______8341 701__------9176 1------8276, 9258 4431 ______8341 P roposed R u l e s: 91------8277, 8341 4432 ______8341 170------8277 203_____ 9346 4433 ______8341 289_------1______8493 4434 ______8449 46 CFR 1033—------1______9259 4435 ______8491 1100______9259 31------8226 4436 ______8492 P roposed R u l e s : 4437 ______8492 61------8226, 8669 91— ______8227 239------8745, 9262 4438 ______8738 293_------8349, 8604 4439 ______8738 146------u.______8450 500— ______8276 1042------8511, 8779 4440 ______8738 1204______8780 4441 ______8738 510------9019 4442 ______8738 P roposed R u l e s: 4443 ______8739 Ch. n ______8744 50 CFR 4444 ______8739 514______8778 io______8391 4445 ______8739 536______^_____ 8511 13______8801 4446 ______8776 28______8667, 9085 4447 ______' 9175 47 CFR 32______9085 4448 ______9175 0 ______, ______260______8227 ___ 9303 4449 ______9175 1 ------9075 280______8544 4450 ______9175 21______9021 P roposed R u l e s : 4451 ______9176 31______9343 10______,r _ 8820, 9260 4452 ______i ______9257 33------9343 32______8229 i s p i a i i i i 4%//j&<-. >»y4+* +Sy' '■* ?* UNITED STATES ll| GOVERNMENT-;: *~*/uX*yf**6, oifiANliiTiaii S ^ i I g i i i N l A i i ^ C c i v ^ . l l . 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~/*- .J .,,r- sh¿¡.pss/t*>/.*'*'•■',*,i>./x£S/ss/jSt/fLS?£rS^.sAsrstJs.**’-%-fy^;—. GOVERNMENT i‘./¿vii ^ e n M ¿isduSMSs,. U.S. Government Organization Manual 1 9 6 7 -1 9 6 8 Presents essential information about Government agen­ cies (updated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, librarians, scholars, lawyers, and businessmen who need current official information about the U.S. Government. The XJnited States Government Organization Manual is the official guide to the functions of the Federal Govern« merit $ 9 0 0 w per copy. Paperbound, with charts Order from Superintendent of Documents, U.S. Government P rin tin g Office, Washington, D.C. 20402.