REGISTER VOLUME 35 • NUMBER 120 Saturday, June 20,1970 • Washington, D.C

FEDERAL REGISTER VOLUME 35 • NUMBER 120 Saturday, June 20,1970 • Washington, D.C. Pages 10137-10196

Agencies in this issue— Agency for International Development Agricultural Research Service Atomic Energy Commission Business and Defense Services Administration Civil Aeronautics Board Commodity Credit Corporation Consumer and Marketing Service Federal Aviation Administration Federal Communications Commission Federal Insurance Administration Federal Maritime Commission Federal Power Commission Federal Railroad Administration Federal Reserve System Federal Trade Commission Fish and Wildlife Service Food and Drug Administration Hazardous Materials Regulations Board Indian Affairs Bureau Interagency Textile Administrative Committee Interstate Commerce Commission Land -Management Bureau Oil Import Administration Securities and Exchange Commission Small Business Administration Detailed list of Contents appears inside« Just Released

CODE OF FEDERAL REGULATIONS

(Revised as of January 1, 1970)

Title 43—Public Lands: Interior (Part 1000-End)------$3i 00

U Cumulative checklist of CFR issuances for 1970 appears in the first issue of the Federal Register each month under Title i ]

Order from Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402

r 'r 'V i r '1 1 l l W ffW n r n C T r n Published dally, Tuesday through Saturday (no publication on Sundays, . r r l l r K / i l f l r* I I I \ I r l l on the day after an official Federal holiday), by the Office of the Federal Register, Na I Archives and Records Service, General Services Administration, Washington, D.C. 20 > - united - Phone 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 2 , (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Regis r. proved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Washington, D.C. 20402. navable in The F ederal Register will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, pay ^ advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit c money order, made payable to the Superintendent of Documents, D.S. Government Printing Office, Washington, D.C. 20402. nursUant The regulatory material appearing herein is keyed to the Code op F ederal R egulations, which is published, under 50 titles, p ^ to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code op F ederal Regulations is sold by the Superin of Documents. Prices of new books are listed in the first F ederal R egister issue of each month. ations. There are no restrictions on the republication of material appearing in the F ederal R egister or the Code op F ederal Regul Contents

AGENCY FOR INTERNATIONAL CONSUMER AND MARKETING FEDERAL POWER COMMISSION DEVELOPMENT SERVICE Proposed Rule Making Rules and Regulations Rules and Regulations Natural gas in Permian Basin; Commodity transactions financed Handling limitations; fruits grown initial rates for future sales___ 10152 by A.I.D.; charter party as docu in Arizona and California: Notices ment required for payment----- 10147 Lemons ______10143 Permian Basin; institution of area Suppliers of commodities and Oranges, Valencia______10143 rate proceeding______10180 commodity-related services in Seeds, agricultural and vegetable; Hearings, etc.: eligible for A.I.D. financing] v fees and charges for inspection Bernat, George A., et al______10177 failure to disclose records as for quality______10141 Cities Service Gas Co______10180 cause for debarment- ____ 10147 Tomatoes; termination of regu El Paso Natural Gas Co______10183 lations: Stout Gas Co. et al______10179 AGRICULTURAL RESEARCH Importation______10144 Shipments limitation______10144 FEDERAL RAILROAD SERVICE Proposed Rule Making ADMINISTRATION Rules and Regulations Milk handling in central Illinois Rules and Regulations Hog cholera and other com and southern Illinois marketing municable swine diseases; areas areas; partial recommended Railroad safety appliance stand quarantined______10144 decision______10154 ards; miscellaneous amend ments ______10149 FEDERAL AVIATION AGRICULTURE DEPARTMENT FEDERAL RESERVE SYSTEM ADMINISTRATION See Agricultural Research Serv Notices ice; Commodity Credit Corpo Rules and Regulations First Financial Corp.; application ration; Consumer and Market Control zone and transition area; ing Service. for approval of acquisition of alteration ______10145 shares of bank______10184 Standard instrument approach ATOMIC ENERGY COMMISSION procedures; miscellaneous FEDERAL TRADE COMMISSION Notices amendments______10146 Transition area; designation____ 10145 Rules and Regulations Draft Environmental Statement, Proposed Rule Making Nonadjudicative procedures; in CANNIKIN; availability and vestigations; request for Com request for comments______10165 Control zone and transition area; mission action______10146 General Manager and Assistant to alteratio n ______10156 General Manager; delegation Transition areas: FISH AND WILDLIFE SERVICE of authority______10165 Alteration ______10157 Jersey Central Power and Light Designation, alteration and rev Rules and Regulations Co.; application for construc ocation __^______10157 Fishermen’s Protective Act pro tion permit and facility license. 10165 cedures; fees______10151 FEDERAL COMMUNICATIONS FOOD AND DRUG business a n d d e f e n s e COMMISSION SERVICES ADMINISTRATION Notices ADMINISTRATION Rules and Regulations Notices Licensing of facilities for overseas communications; inquiry____ 10166 Antibiotic drugs; fees______10147 Applications for duty-free entry Hearings, etc.: Food additives and new animal of scientific articles: Day-Nite Radio Message Serv drugs for use in animal feeds; Battelle Memorial Institute; ice Corp. and Radio Broad decoquinate and 3-nitro-4-hy- decision______10161 casting Co______10169 droxyphenylarsonic acid______10146 National Institutes of Health; Home Service Broadcasting Notices decision______10162 Corp. and Natick Broadcast New York University et al____10161 Associates, Inc______10170 Canned peaches, pears, and fruit Voice of Reason, Inc. (KICM) __ 10176 cocktail deviating from identity CIVIL AERONAUTICS BOARD standards; temporary permit FEDERAL INSURANCE for market testing______10162 Notices Drugs for veterinary use; efficacy ADMINISTRATION Hearings, etc.: study implementation: Rules and Regulations Chlortetracycline with vita Interamerican Airfreight Co__ 10166 mins for water medication__ 10162 Ross Aviation, Inc______10166 National flood insurance pro gram: Drug containing erythromycin thiocyanate and arsanilic Areas eligible fpr sale of insur COMMERCE DEPARTMENT ance; list______10147 a cid ______10163 Jensen-Salsbery Laboratories; op See Business and Defense Services Identification of flood-prone portunity for hearing regarding Administration. areas; list______10148 Cycloderm Creme and Cyclo derm Lotion______10164 COMMODITY CREDIT FEDERAL MARITIME CORPORATION COMMISSION HAZARDOUS MATERIALS Rules and Regulations Notices REGULATIONS BOARD American Export Isbrandtsen Notices Beans, dry edible; 1970 crop Lines, Inc., and Transocean Special permits issued______10164 oan and purchase program; Gateway Corp.; agreement correction filed ______10177 (Continued on next page) 10139 10140 CONTENTS HEALTH, EDUCATION, AND INTERIOR DEPARTMENT SECURITIES AND EXCHANGE WELFARE DEPARTMENT See Fish and Wildlife Service; In COMMISSION dian Affairs Bureau; Land Man Notices See Food and Drug Administra agement Bureau; Oil Import tion. Administration. Hearings, etc.: Continental Vending Machine HOUSING AND URBAN INTERSTATE COMMERCE Corp ___ r______10185 DEVELOPMENT DEPARTMENT International Scanning Devices, COMMISSION In c ______/L_- ______10185 See Federal Insurance Adminis Rules and Regulations tration. SMALL BUSINESS Car service: INDIAN AFFAIRS BUREAU Chicago and North Western ADMINISTRATION Railway Co. authorized to op Notices Notices erate over tracks of Chicago, Rock Island and Pacific Rail Minority Assistance Corp.; appli Area Property and Supply Officer; cation for license as minority redelegation of authority------10159 road Co------— 10150 Distribution of boxcars------.’— 10150 enterprise small business invest ment company------— 10186 INTERAGENCY TEXTILE Notices ADMINISTRATIVE COMMITTEE Motor carriers: STATE DEPARTMENT Temporary authority applica Notices See Agency for International De tions (2 documents)__ 10186, 10191 velopment. Certain cotton textile products Transfer proceedings------10192 produced or manufactured in TRANSPORTATION DEPARTMENT certain countries; entry or LAND MANAGEMENT BUREAU withdrawal from warehouse See Federal Aviation Administra for consumption; Proposed Rule Making tion; Federal Railroad Admin B ra z il------— 10184 Timber sale; newspaper advertise istration; Hazardous Materials R om ania______10185 ment ------10153 Regulations Board. Notices Outer Continental Shelf off Louisi ana; oil and gas lease sale------10159 OIL IMPORT ADMINISTRATION Proposed Rule Making Allocations to marketers of No. 2 fuel oil, District I------10153

List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1,1970, and specifies how they are affected.

7 CFR P roposed R ules : 24 CFR _ 10156.10157 „ 10147 ______10141 71 (3 docum ents)____ 1014 __ 1Q1H ___ — 10148 908______16 CFR 910------______10143 966______10144 _ 10146 32A CFR 980______...... 10144 P roposed R ules : 1421______10144 18 CFR __ 10153 P roposed R ui.e s : P roposed R u les: ... . 10152 43 CFR 1032______10154 2 ______1050______... 10154 P roposed R u les: 21 CFR R4Qfi ____ _ 10153 9 CFR 121______- 10146 135e______10146 49 CFR 76______10144 14.fi 10147 _ 10149 _10150 lUdd UUUUUlCUW)/ 14 CFR 22 CFR 10147 50 CFR 71 (2 documents)------______10145 201______10151 97______10146 208...... 10147 10141 Rules and Regulations

Title 7— AGRICULTURE M a x im u m F e e s Chapter I— Consumer and Marketing Germi- Purity and Noxious- Purity and nation, Service (Standards, In s p e c tio n s , Name of seed nation Purity germi- weed noxious- purity and nation seeds weed noxious- Marketing Practices), Department of weeds Agriculture AGRICULTURAL SEEDS PART 68 — REGULATIONS AND Alfalfa______$9.60 $7.20 $1140 $9.60 $14.40 $21.60 Allilaria______$9.60 per hour STANDARDS FOR INSPECTION AND Alyceclover______I______9.60 12.00 19.20 9.-00 19.20 26.40 CERTIFICATION OF CERTAIN AGRI Bahiagrass______$9.60 per hour Barley______9.60 9.60 16.80 9.60 10.80 24.00 CULTURAL COMMODITIES AND Karrelclover______9.60 7.20 14.40 Bean: 9.60 16.80 21.60 PRODUCTS THEREOF Adzuki. ______9.60 7.20 14.40 4.80 9.60 16.80 Field...... _...... 12.00 4.80 14.40 Fees and Charges for Inspection of Mung______4.80 7.20 16.80 9.60 7.20 14.40 4.80 9.60 16.80 Certain Agricultural and Vegetable Beet: Field______12.00 7.20 16.80 4.80 Sugar______9.60 19.20 Seeds for Quality 12.00 7.20 16.80 4.80 9.60 19.20 Beggarweed______12.00 9.60 19.20 7.20 Bentgrass: 14.40 24.00 Pursuant to sections 203 and 205 of the Colonial______9.60 14.40 21.60 9.60 21.60 28.80 Agricultural Marketing Act of 1946, as Creeping______9.60 14.40 21.60 9.60 Velvet_____... ______21.60 28.80 amended (7U.S.C. 1622,1624), the sched 9.60 14.40 21.60 9.60 21.60 28.80 ule of maximum fees in 7 CFR 68.42b is Bermudagrass: Common______12.00 19.20 28.80 9.60 26.40 36.00 amended as provided below. Giant_____ ;______..... 12.00 19.20 28. 80 9.60 26.40 36.00 Statement of considerations. The Agri Bluegrass: Bulbous..______12.00 12.00 21.60 9.60 Canada______19.20 28.80 cultural Marketing Act of 1946 provides 9.60 14.40 21.60 14.40 26.40 33.60 for the collection of fees which are rea Glaueantha.______9.60 14.40 21.60 14 40 26.40 33.60 Kentucky...______9.60 14.40 21.60 14 40 Nevada______26.40 33.60 sonable and cover the cost of the service 9.60 12.00 19.20 9.60 19.20 26.40 Rough______... 9.60 14.40 21.00 14 40 rendered. A recent general salary in Texas______;______31.20 38.40 9.60 9.60 16.80 9.60 16.80 24.00 crease of classified Civil Service em Wood______9.60 14.40 21.60 14 40 26.40 ployees averages approximately 6 percent Bluestem: 33.60 Big-----s ...... $9.60 per hour- for employees at the average level per Little______9.60 per hour forming these services. Per diem rates, Sand______9.60 per hour Yellow______9.60 per hour rent, utilities, supplies, and other related Brome: Field...... '...... costs have increased an aggregate total 9.60 12.00 19.20 9.60 19.20 26. 40 Mountain______■______12.00 9.60 19.20 7.20 Smooth______i - ____ 14.40 24.00 of about 3 percent of the base cost of the 9.60 12.00 19.20 9.60 19.20 26.40 Broomcoriy.______9.60 7.20 16.80 7.20 12.00 service. The base rates are therefore in Buckwheat______21.60 9.60 7.20 16.80 7.20 12.00 21.60 creased by 9 percent. It should be noted Buffalograss______$9.60 per hour Buffelgrass______9.60 per hour that the schedule of fees given below Bur-clover: California______9.60 7.20 14.40 9.60 shows the maximum fees for each test of Spotted______14.40 21.60 9.60 7.20 14.40 9.60 14.40 21.60 Burnet, little______9.60 7.20 14.40 7.20 each kind. If less time is required for Buttonclover. ______12.00 19.20 9.60 7.20 14.40 9.60 14.40 21.60 such tests, a smaller fee will be charged, Canary grass______9.60 7.20 14.40 7.20 12.00 19.20 Canarygrass, reed______9.60 14.40 21.60 7.20 19.20 26.40 but not less than the minimum fee will Carpetgrass______9.60 12.00 19.20 Castorbean______12.00 21.60 28.80 be charged for any service. 12.00 4.80 14.40 4.80 7.20 16.80 Chess, soft..-______9.60 12.00 19.20 9.60 19.20 26.40 Section 68.42b is amended to read : Chickpea______12.00 4.80 14.40 Clover: 4.80 7.20 16.80 ' A lsike..______§ 68.42b Fees and charges for the'in 9.60 9.60 16.80 7.20 14.40 21.60 Berseem______9.60 7.20 14.40 spection of agricultural and vegetable Cluster______;_____ 7.20 12.00 19.20 seeds. 9.60 9.60 16.80 9.60 16.80 24.00 Crimson______.... 9.60 7.20 14.40 9.60 Hop, la rg e ....______14.40 21.60 (a) The fee for each germination, 9.60 9.60 16.80 9.60 16.80 24.00 Hop, small______9.60 7.20 14.40 9.60 Kenya...... i ___ 14.40 21.60 Purity, and noxious-weed seed test shall 9.60 7.20 14.40 7.20 12.00 19.20 Ladfno______9.60 7.20 14 40 9.60 14.40 21.60 be at the rate of $9.60 per hour, in in Lappa______9.60 7.20 14.40 7.20 12.00 Persian______... 19.20 crements of 15 minutes or any part 9.60 9.60 10.80 7.20 14.40 21.60 Red______, 9.60 7.20 14.40 Rose______9.60 14.40 21.60 thereof, but not less than $4.80 for any 9.60 7.20 14.40 7.20 12.00 19.20 Strawberry______. 9.60 7.20 14.40 Sub...... 7.20 12.00 19.20 test and not more than the maximum fee 9.60 7.20 14.40 7.20 12.00 19.20 White______1______9.60 9.60 16.80 85 stifle d in the following table, ex Com: 9.60 16.80 24.00 Field______. . . . 9.60 7.20 14.40 cept that no maximum is applicable to Pop______j ___ ”, 4.80 9.60 16.80 9.60 7.20 14.40 4.80 9.60 16.80 especially difficult tests such as 400-seed Cotton______9.60 7.20 14.40 Cowpea______7.20 12.00 19.20 12.00 9.60 16.80 4.80 12.00 19.20 separations for kind or variety; mottled Crested dogtail______HI””! 9.60 9.60 Crotolaria: 16.80 9.60 16.80 24.00 seed counts of sweetclover; or noxious- Lance___.... ______12.00 7.20 16.80 7.20 12.00 24.00 weed seed examinations of bluegrasses Showy______... 12.00 7.20 16.80 Slender leaf______7.20 12.00 24.00 or annual bluegrass, wheatgrasses for 12.00 7.20 16.80 7.20 12.00 24.00 Striped______12.00 7.20 16.80 Sunn______7.20 12.00 24.00 JL ac^grass» and sudangrass for johnson- 12.00 7.20 16.80 7.20 12.00 24.00 Crownvetch______...I. 9.60 7.20 16.80 Dallisgrass______! 7.20 12.00 21.60 VaYi !. °T *° ^es*s °* certain kinds or 12.00 19.20 28.80 9.60 26.40 36.00 Dichondra______9.60 9.60 10.80 Dropseed, sand______II.”” 9.60 16.80 24.00 table 16S 0i seeds 8,8 id e a te d in the 9.60 7.20 16.80 9.60 14.40 21.60 Emmer___... ______9.60 7.20 14 40 7.20 12.00' 10.20

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 10142 M a x im u m F e e s M a x im u m F e e s Germi- Germi- Germi- Purity and Noxious- Purity and nation, Germi- Purity and Noxious- Purity and nation, Name of seed nation Purity germi- weed noxious- purity and Name of seed nation Purity germi- weed noxious- purity and nation seeds weed noxious- nation seeds weed noxious- weeds weeds

9.60 4.80 12.00 4.80 7.20 14.40 Fescue: 9.60 7.20 16.80 7.20 12.00 12.00 19.20 9.60 26.40 16.80 7.20 12.00 Che wings...... 9.60 26.40 9.60 7.20 Hair...... 9.60 12.00 19.20 9.60 9.60 7.20 16.80 7.20 12.00 Zi, ou Hard...... 9.60 12.00 19.20 9.60 9.60 7.20 16.80 7.20 12.00 ZI. ou Meadow..,______«______9.60 12.00 19.20 9.60 9.60 7v20 14.40 7.20 9.60 7.20 12.00 Red______9.60 12.00 19.20 Sorghum-sudangrass hybrid...... 9.60 7.20 14.40 Sheep______9.60 12.00 19.20 9.60 19.20 26.40 9.60 9.60 16.80 9.60 16.80 24.00 T all...... 9.60 12.00 19.20 12.00 21.60 9.60 9.60 16.80 9.60 16.80 Flax.______9.60 9.60 16.80 9.60 16.80 9.60 7.20 14.40 9.60 14.40 Grama: 12.00 4.80 14.40 4.80 , 7.20 Blue______$y.ou per nour 9.60 7.20 14.40 7.20 Side-oats______9.60 per hour 9.60 9.60 16.80 9.60 G u a r....______.... 9.60 7.20 14.40 Y.ZU 9.60 4.80 12.00 4.80 9.60 19.20 26.40 12.00 28.80 Guineagrass______12.00 19.20 Sweetclover: 16.80 24.00 Hardinggrass______;______9.60 7.20 14.40 7.20 9.60 9.60 16.80 9.60 H em p..______'.______... 9.60 4.80 12.00 4.80 7.20 9.60 9.60 16.80 9.60 16.80 7.20 zi. ou Indiangrass, yellow______. . . 9.60 per hour Sweet vernalgrass...... 9.60 9.60 9.60 7.20 14.40 7.20 12.00 19.20 9.60 9.60 16.80 7.20 14.40 21.60 Indigo, hairy______24.00 9.60 14.40 Japanese lawngrass______9.60 19.20 26.40 7.20 9.60 7.20 14.40 Johnsongrass______;______12.00 9.60 19.20 9.60 19.20 $y.uu per nour Kudzu______.... 9.60 7.20 14.40 7.20 12.00 19.20 Trefoil: "16.80 24.00 REGULATIONS AND RULES Lentil...... 9.60 7.20 14.40 7.20 12.00 9.60 9.60 16.80 9.60 9.60 9.60 16.80 9.60 Lespedeza: - 26.40" 9.60 Korean...... 9.60 14.40 21.60 14.40 9.60 14.40 21.60 16.80 12.00 , 19.20 26.40 9.60 14.40 21.60 9.60 Sericea.._____ t___1 9; 60 9.60 16.80 9.60 12.00 19.20 12.00 21.60 28.80 12.00 4.80 14.40 4.80 Siberian...... ¿J.___;______21.60 28.80 21.6Û 9.60 21.60 Striate...... ______...... 9.60 12.00 19.20 12.00 9.60 14.40 Lovegrass: Vetch: 16.80 9.60 16.80 26.40 9.60 9.60 16.80 7.20 14.40 21.60 Sand______.______: 9.60 9.60 14.40 9.60 9.60 16.80 9.60 16.80 26.40 9.60 9.60 16.80 7.20 Weeping_____ .: ______9.60 9.60 16.80 7.20 14.40 Lupine: 9.60 19.20 9.60 7.20 14.40 7.20 12.00 Blue______Uj._____------.— 12.00 7.20 16.80 4.80 Monantha...... 21.60 16.80 4.80 9.60 19.20 9.60 9.60 16.80 7.20 14.40 White...... 12.00 7.20 7.20 14.40 12.00 7.20 16.80 4.80 9.60 19.20 9.60 9.60 16.80 Yellow______‘______j----- 24.00 31.20 9.60 9.60 16.80 7.20 Manilagrass______1----- 9.60 19.20 26.40 7.20 9.60 12.00 19.20 7.20 16.80 24.00 Wheat: Meadow foxtail..:______9.60 14.40 21.60 9.60 7.20 14.40 7.20 12.00 19.20 Medick, black___...... ______9.60 7.20 14.40 7.20 12.00 nfiib ...... 9.60 7.20 14.40 Millet: 19.20 9.60 16.80 26.40 9.60 7.20 14.40 7.20 12.00 Browntop...... - 12.00 9.60 Durum...... -...... 14.40 7.20 12.00 19.20 9.60 7.20 14.40 7.20 12.00 19.20 9.60 7.20 Foxtail_____ {____ ...;______9.60 16.80 24.00 9.60 7.20 14.40 7.20 12.00 Japanese...... 9.60 9.60 16.80 9.60 7.20 14.40 7.20 12.00 19.20 Wheatgrass: Pearl...... ______7.20 12.00 19.20 9.60 12.00 19.20 7.20 16.80 ' 24.00 Proso...... —...... 9.60 7.20 14.40 7.20 16.80 $9.60 per hour Crested, fairw ay...... — 9.60 12.00 19.20 Molassesgrass...... —------9.60 12.00 19.20 7.20 16.80 24.00 Crested, standard...... 24.00 Mustard: 14.40 7.20 12.00 19.20 9.60 12.00 19.20 7.20 16.80 9.60 7.20 Intermediate__ —- ...... — - 19.20 7.20 16.80 24.00 9.60 7.20 14.40 7.20 12.00 19.20 9.60 - 12.00 Black...... ;...... -...... —- 12.00 19.20 9.60 12.00 19.20 7.20 16.80 T^hite...... 9.60 7.20 14.40 7.20 Siberian...... 16.80 24.00 14.40 7.20 12.00 19.20 9Í60 12.00 19.20 7.20 Napiergrass...... - i ...... 9.60 7.20 19.20 7.20 9.60 9.60 16.80 9.60 16.80 24.00 Tall ...... -___ 9.60 12.00 O at...:-...... 9.60 21.60 28.80 12.00 12.00 .21.60 7.20 Oatgrass, tall. . . . . -.■J...... — 9.60 14.40 21.60 i 9.60 16.80 24.00 12.00 26.40 33.60 Wild-rye: Orchardgrass...... 9.60 9.60 16.80 / 7.20 14.40 21.60 Panicgrass: 9.60 16.80 24.00 9.60 9.60 16.80 ' . 7.20 B lu e ...... 9.60 9; 60 16.80 9.60 14.40 21.60 9.60 21.60 28.80 G reen ...... 4.80 7.20 16.80 Pea, field...... 12.00 4.80 14.40 VEGETABLE SEEDS 12.00 7.20 16.80 4.80 9.60 19.20 Peanut...... — 19.20 Rape: 9.60 7.20 14.40 7.20 12.00 < 9.60 7.20 16.80 24.00 14.40 7.20 Annual...... 24.00 9.60 7.20 Bird. j...... 9.60 7.20 16.80 — 12.00 4.80 14.40 4.80 9.60 7.20 16.80 9.60 16.80 24.00 Asparagusbean— ...... T u rn ip ...... 16.80 24.00 Bean: Winter...... 9.60 7.20 16.80 9.60 12.00 4.80 14.40 4.80 7.20 16.80 12.00 19.20 26.40 14.40 4.80 7.20 Redtop----.—...... 9.60 24.00 12.00 4.80 Rescuegrass...... 12.00 ■9.60 19.20 12.00 4.80 14.40 4.80 Rhodesgrass...... - ...... ,...... 12.00 7.20 16.80 7.20 12.00 7.20 16.80 7.20 12.00 21.60 Beet...... —- 14.40 4.80 7.20 16.80 Rice...... - 12.00 21.60 12.00 4.80 Ricegrass, In d ia n ...... 12.00 7.20 — 9.60 7.20 14.40 7.20 12.00 7.20 16.80 7.20 12! 00 21.60 Broccoli...... 14.40 7.20 12.00 19.20 Roughpea..______9.60 28.80 Brussels sprouts...... 9.60 7.20 9.60 12.00 19.20 12.00 21.60 9.60 7.20 14.40 7.20 12.00 19.20 Rye...... -...... 7.20 Ryegrass: 26.40 9.60 7.20 14.40 Annual------—, ------9.60 7.20 16.80 9.60 7.20 14.40 7.20 7.20 16.80 26.40 7.20 12.00 Perennial______...'_,------9.60 26.40 9.60 7.20 14.40 Wimmera______:------9.60 7.20 16.80 FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 RULES AND REGULATIONS 10143

M a x im u m F e e s engage in public rule-making procedure, and postpone the effective date of this amendment until 30 days after publica J_ . • GermI- Purity and Noxious- Purity and nation, Name of seed nation Purity germi- weed noxious- purity and tion thereof in the F ederal R egister (5 nation seeds weed noxious- U.S.C. 553) because the time intervening weeds between the date when information upon which this amendment is based became Canteloupe (see muskmelon) Cardoon.".______...... 9.60 9.60 16.80 7.20 14.40 21.60 available and the time when this amend Carrot______...... 9.60 9.60 16.80 9.60 16.80 24.00 ment must become effective in order to Cauliflower...... 9.60 7.20 14.40 7.20 12.00 19.20 effectuate the declared policy of the act Celeriac______...... ______9.60 9.60 14.40 7.20 16.80 19.20 Chard, Sw iss...... 12.00 7.20 16.80 7.20 12.00 21.60 is insufficient, and this amendment re Chicory...... ------9.60 9.60 16.80 9.60 16.80 24.00 lieves restriction on the handling of Chives...... ------9.60 7.20 14.40 9.60 14.40 21.60 Citron...... 4.80 12.00 4.80 7.20 14.40 Valencia oranges grown in Arizona and Collards______¿5___ j . . . - . _____... 9.60 7.20 14.40 7.20 12.00 19.20 designated part of California. Com, sweet...... 12.00 4.80 14.40 4.80 7.20 16.80 Comsalad______...... 9.60 9.60 16.80 9.60 16.80 24.00 Order, as amended. The provisions in Cowpea______...... 12.00 7.20 16.80 4.80 9.60 19.20 paragraph (b)(1) (i), (il), and (iii) of Cress: Garden______...... 9.60 7.20 14.40 9.60 14.40 21.60 § 908.617 (Valencia Orange Reg. 317, 35 Upland ...... 9.60 7.20 14.40 9.60 14.40 21.60 F.R. 9011) are hereby amended to read Water . _ ___ ...... 9.60 9.60 16.80 9.60 16.80 24.00 as follows : Cucumber...... 4.80 12.00 4.80 7.20 14.40 Dandelion _ . 9.60 16.80 9.60 16.80 24.00 § 908.617 Valencia Orange Regulation Eggplant...... 7.20 16.80 7.20 12.00 21.60 Endive______. 9.60 16.80 9.60 16.80 24.00 317. Kale___I'______7.20 14.40 7.20 12.00 19.20 * * * * * Kale, Chinese...... 9.60 7,20 14.40 7.20 12.00 19.20 Kale, Siberian______7.20 14.40 7.20 12.00 19.20 (b) Order. (1) * * * Kohlrabi______...... 9.60 7.20 14.40 7.20 12.00 19.20 (i) District 1: 252,000 cartons; Leek... . 7.20 14.40 9.60 14.40 21.60 Lettuce___ 7.20 14.40 7.20 12.00 19.20 (ii) District 2: 301,000 cartons; Muskmelon.. 9.60 4.80 12.00 4.80 7.20 14.40 (iii) District 3: 147,000 cartons. Mustard, India...... 9.60 7.20 14.40 7.20 12.00 19.20 Mustard, spinach______...... 9.60 7.20 16.80 - 7.20 12.00 19.20 * * * * . * Okra_____ 7.20 16.80 7.20 12.00 21.60 Onion...... (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 7.20 14.40 9.60 14.40 21.60 601-674) Onion, Welsh___ ...... 9.60 7.20 14.40 9.60 14.40 21.60 Pak-choi______7.20 14.40 7.20 4 12.00 19.20 Parsley____ 9.60 16.80 9.60 16. 80 24.00 Dated: June 17,1970. Parsnip...... 9.60 16.80 9.60 16.80 24.00 Pea.... 4.80 14.40 4.80 7.20 16.80 F loyd F . H edlund, Pepper...... 7.20 16.80- 7.20 12.00 21.60 Director, Fruit and Vegetable Pumpkin...... 9.60 4.80 12.00 4.80 7.20 14.40 Radish... 7.20 16.80 7.20 12.00 21.60 Division, Consumer and Mar Rhubarb...... 4.80 14.40 4.80 7.20 16.80 keting Service. Rutabaga.. 9.60 7.20 14.40 7.20 12.00 19.20 Salsify__ 7.20 16.80 7.20 12.00 21.60 [F.R. Doc. 70-7831; Filed, June 19, 1970; Sorrel... 7.20 16.80 7.20 12.00 31.60 8:49 a.m.[ Soybean_____ 4.80 14.40 4.80 7.20 Í6.80 Spinach.. 7.20 14.40 4.80 9.60 16.80 Spinach, New Zealand______...... 12.00 7.20 16.80 4.80 ’ 9.60 19.20 Squash___ 4.80 12.00 4.80 7.20 14.40 [Lemon Reg. 432] Tomato... 7.20 16.80 7.20 12.00 21.60 Tomato, husk___ ...... 9.60 7.20 16.80 7.20 PART 910— LEMONS GROWN IN Turnip.. 12.00 21.60 7.20 14.40 7.20 12.00 19.20 CALIFORNIA AND ARIZONA Watermelon. 4.80 12.00 4.80 7.20 14.40 Limitation of Handling (b) Sampling, sealing, checkweighing, Chapter IX— Consumer and Market § 910.732 Lemon Regulation 432. checkloading, inspection of condition of ing Service (Marketing Agreements containers, and any similar services (a) Findings. (1) Pursuant to the shall be at the rate of $9.60 pei hour, and Orders; Fruits, Vegetables, marketing agreement, as amended, and with a 2-hour minimum commencing Nuts), Department of Agriculture Order No. 910, as amended (7 CFR Part when the official sampler or inspector [Valencia Orange Reg. 317, Arndt. 1] 910), regulating the handling of lemons arrives at the inspection point on or after grown in California and Arizona, effec the appointed time and terminating PART 908— VALENCIA O R A N G ES tive under the applicable provisions of when the sampler or inspector leaves GROWN IN ARIZONA AND DESIG the Agricultural Marketing Agreement the premises. This same rate applies re NATED PART OF CALIFORNIA Act of 1937, as amended (7 U.S.C. 601- gardless of the hour of the day or the 674), and Upon the basis of the recom location of the plant where the service Limitation of Handling mendations and information submitted is rendered. Findings. (1) Pursuant to the market by the Lemon Administrative Committee, (Secs. 203, 205, 60 Stat. 1087, 1090, as ing agreement, as amended, and Order established under the said amended amended; 7 U.S.C. 1622, 1624; 29 F.R. 16210, No. 908, as amended (7 CFR Part 908), marketing agreement and order, and as amended, 33 F.R. 10750) regulating the handling of Valencia upon other available information, it is f. ^ e facts needed to establish these oranges grown in Arizona and designated hereby found that the limitation of cilarses for services ar& known part of California, effective under the handling of such lemons, as hereinafter y the Consumer and Marketing Service. applicable provisions of the Agricultural provided, will tend to effectuate the £ ; ls. therefore determined that public Marketing Agreement Act of 1937, as declared policy of the act. aring and other rule making proce- amended (7 U.S.C. 601-674), and upon (2) It is hereby further.found that it is ~5es are not necessary under the provi the basis of the recommendation and in impracticable and contrary to the pub sions of 5 U.S.C. 553. formation submitted by the Valencia lic interest to give preliminary notice, These amendments shall become effec- Orange Administrative Committee, es engage in public , rule-making procedure, tablished under the said amended mar and postpone the effective date of this »7® 30 days after publication in the keting agreement and order, and upon section until 30 days after publication Federal R egister. other available information, it is hereby hereof in the F ederal R egister (5 U.S.C. da?SeTat Washington, D.C., this 12th found that the limitation of handling of 553) because the time intervening be Qay of June 1970. such Valencia orangés, as hereinafter tween the date when information upon G. R . G range, provided, will tend to effectuate the which this section is based became avail Deputy Administrator, declared policy of the act. able and the time when this section must . M arketing Services. (2) It is hereby further found that itbecome effective in order to effectuate Doc* 70-7642; Filed, June 19, 1970; is impracticable and contrary to the 8:45 a.m.] the declared policy of the act is insuffi public interest to give preliminary notice, cient, and a reasonable timé is permitted,

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 10144 RULES AND REGULATIONS under the circumstances, for prepara season for Florida production area to- Chapter XIV— Commodity Credit Cor tion for such effective time; and good matoes is almost over, continuation of poration, Department of Agriculture this regulation beyond the date specified cause exists for making the provisions SUBCHAPTER B— LOANS, PURCHASES, AND hereof effective as hereinafter set forth. herein would no longer tend to effectuate OTHER OPERATIONS the declared policy of the Act. The committee held an open meeting [CCC Grain Price Support Regs., 1970 Crop during the current week, after giving due (b) It is hereby found that it is im Dry Edible Bean Supp.J notice thereof, to consider supply and practicable, unnecessary, and contrary to market conditions for lemons and the the public interest to give preliminary PART 1421— GRAINS AND SIMILARLY need for regulation; interested persons notice and engage in public rule making HANDLED COMMODITIES were afforded an opportunity to submit procedure, and that good cause exists for not postponing the effective date of this Subpart— 1970 Crop Dry Edible Bean information and views at this meeting; Loan and Purchase Program the recommendation and supporting in termination until 30 days after its publi formation for regulation during .the cation in the F ederal R egister (5 "U.S.C. Correction 553) in that: (1) this termination re period specified herein were promptly In F.R. Doc. 70-7306 appearing at page submitted to the Department after such lieves restrictions on the handling of tomatoes grown in the production area; 9012 in the issue for Thursday, June 11, meeting was held; the provisions of this 1970, under § 1421.143(b) the heading section, including its effective time, are (2) information regarding the commit tee’s recommendation has been made reading “Costs per 100 pounds” should identical with the aforesaid recom read “Cents per 100 pounds”. mendation of the committee, and in available to producers and handlers in formation concerning such provisions the production area; and (3] this termi and effective time has been disseminated nation will not require any special prep Title 9— ANIMALS AND among handlers of such lemons; it is aration by handlers which cannot be necessary, in order to effectuate the de completed by the effective date. clared policy of the act, to make this termination of regulation. The provi ANIMAL PRODUCTS section effective during the period herein sions of § 966.307 (34 F.R. 18090, 19746; 35 F.R. 3159, 3798, 4546, 7003, 9011) are Chapter I— Agricultural Research specified; and compliance with this sec Service, Department of Agriculture tion will not require any special prep hereby terminated as of June 20, 1970. aration on the part of persons subject (Seos. 1-19, 48 Stat. 31, as amended; 7 U.S.C. SUBCHAPTER C— INTERSTATE TRANSPORTATION hereto which cannot be completed on or 601-674) OF ANIMALS AND POULTRY before the effective date hereof. Such Dated: June^ 17, 1970, to become PART 76— HOG CH O LER A AND committee meeting was held on June 17, effective June 20,1970. OTHER COMMUNICABLE SWINE 1970. DISEASES (b) Order. (1) The respective quanti F loyd F . Hedlund, ties of lemons grown in California and Director, Fruit and Vegetable Areas Quarantined Arizona which may be handled during Division, Consumer and Mar Pursuant to provisions of the Act of keting Service. the period June 21, 1970, through June May 29, 1884, as amended, the Act of 27, 1970, are hereby fixed as follows: [F.R. Doc. 70-7832; Filed, June 19, 1970; February 2, 1903, as amended, the Act (1) District 1: Unlimited; 8:49 a.m.] of March 3,1905, as amended, the Act of (ii) District 2; 325,500 cartons; September 6,1961, and the Act of July 2, (iii) District 3 : Unlimited. PART 980— VEGETABLES; IMPORT 1962 (21 U.S.C. 111-113, 114g, 115, 117, (2) As used in this section, “handled,’' 120, 121, 123-126, 134b, 134f), Part 76, “District 1,” “District 2,“ “District 3,” REGULATIONS Title 9, Code of Federal Regulations, re and “carton” have the same meaning as Tomato Import Regulation; stricting the interstate movement of swine and certain products because of when used in the said amended market Termination ing agreement and order. hog cholera and other communicable (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Pursuant to the requirements of sec swine diseases, is hereby amended in the 601-674) tion 8e-l of the Agricultural Marketing allowing respects: Agreement Act of 1937, as amended (7 1. In § 76.2, in paragraph (e) (8) re Dated; June 18,1970. U.S.C. 608e-l), Tomato Import Reg nting to the State of Mississippi, a new Arthur E . B rowne, ulation § 980.204 (34 F.R. 18091; 35 ubdivision (ix) relating to Lafayette Deputy Director, Fruit and F.R. 3160, 3799, 4547, 9012) is hereby bounty is added to read: Vegetable Division, Consumer terminated. (8) Mississippi. * * * and Marketing Service. It is hereby found that good cause ex (ix) That portion of Lafayette County [F.R. Doc. 70-7844; Filed, June 19, 1970; ists for not postponing the effective date iounded by a line beginning at the junc 8:50 a.m.] of this termination beyond that herein ión of State Highway 7 and the La- specified (5 U.S.C. 553) in that (1) the ayette-Yalobusha County line; thence, requirements of section 8e-l of the act ollowing State Highway 7 in a nortn- PART 966— TOMATOES GROWN IN make such termination mandatory upon ¡asterly direction to State Highway . FLORIDA termination of the corresponding regula hence, following State Highway 6 in tion applicable to shipments of domestic westerly direction to State Highway > Limitation of Shipments; Termination tomatoes; (2) this termination corre hence, following State Highway 314 i i northwesterly direction to the bar Findings, (a) Pursuant to Marketing sponds with the termination of regula tions on shipments of domestic tomatoes _,ake; thence, following the east banKo Agreement No. 125 and Order No. 966, he Sardis Lake in a generally south under Marketing Order No. 966, as both as amended (7 CFR Part 966), reg westerly direction to the Lafay ulating the handling of tomatoes grown amended (7 CFR Part 966) ; and (3) this Panola County line; thence, Allowing in the production area, effective under termination relieves restrictions on the he Lafayette-Panola County ^ne the applicable provisions of the Agricul importation of tomatoes. southerly direction to the Lafayette tural Marketing Agreement Act of 1937, STalobusha County line; thence, foil _ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. ng the Lafayette-Yalobusha County as amended (7 U.S.C. 601 et seq.), and 601-674) n an easterly direction to its junction upon the basis of the recommendation Dated: June 17, 1970, to become with State Highway 7. t_ and information submitted by the Flor effective June 20,1970. In § 76.2, in paragraph (e) (17) reía ida Tomato Committee, established pur F loyd F . H edlund, ng to the State of Virginia, s u b ^ o n suant to said marketing agreement and Director, Fruit and Vegetable xiv) relating to Nansemond and Isle o order, and upon other available informa Division, Consumer and Mar Wight Counties is amended to reaa. tion, it is hereby found that the limita keting Service. (17) Virginia. tion of shipments regulation, § 966.307, [F.R. Doc. 70-7833; Filed, June 19, 1970; inti« should be terminated. As the marketing 8:49 a.m.] FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 RULES AND REGULATIONS 10145

bounded by a line beginning at the junc The amendments impose certain fur Issued in East Point, Ga., on June 12, tion of U.S. Highway 17 and the west ther restrictions necessary to prevent 1970. bank of the Nansemond River; thence, the interstate spread of hog cholera and G ordon A. W illiam s, Jr ., following the west bank of the Nanse must be made effective immediately to Acting Director, Southern Region. mond River in a southwesterly direction accomplish their purpose in the public [F.R. Doc. 70-7798; Filed, June 19, 1970; to Primary Highway 125; thence, follow interest. Accordingly, under the admin 8:46 a.m.] ing Primary Highway 125 in a south istrative procedure provisions in 5 U.S.C. easterly direction to Primary Highway 553, it is found upon good cause that 337; thence, following Primary Highway notice and other public procedure with [Airspace Docket No. 69-SO-146] 337 in a southeasterly direction to the respect to the amendments are imprac PART 71— DESIGNATION OF FEDERAL Nansemond-Chesapeake County line; ticable and contrary to the public inter thence, following the Nansemond-Ches est and good cause is found for making AIRWAYS, CONTROLLED AIRSPACE, apeake County line in a southwesterly them effective less than 30 days after AND REPORTING POINTS direction to the Washington Ditch; publication in the F ederal R egister. Alteration of Control Zone and thence, following Washington Ditch in a northwesterly direction to Secondary Done at Washington, D.C., this 16th Transition Area day of June 1970. Highway 642; thence, following Second On May 9, 1970, a notice of proposed ary Highway 642 in a northerly direction F. R. Mangham, rule making was published in the F ed to Secondary Highway 674; thence, fol Acting Administrator, eral R egister (35 F.R. 7304), stating lowing Secondary Highway 674 in a gen Agricultural Research Service. that the Federal Aviation Administra erally westerly direction to Secondary [F.R. Doc. 70-7801; Filed, June 19, 1970; tion was considering an amendment to Highway 646; thence, following Second 8:46 a.m.] Part 71 of the Federal Aviation Regula ary Highway 646 in a northerly direction tions that would alter the Montgomery, to U.S. Highway 13; thence, following Ala., control zone and transition area. U.S. Highway 13 in a northeasterly di Interested persons were afforded an rection to Secondary Highway 646; Title 14— AERONAUTICS AND opportunity to participate in the rule thence, following Secondary Highway 646 making through the submission of com in a northwesterly direction to U.S. ments. All comments receive'd were Highway 58; thence, following U.S. High SPACE favorable. way 58 in a northeasterly direction to Chapter I— Federal Aviation Adminis In consideration of the foregoing, Part Primary Highway 337; thence, following tration, Department of Transportation 71 of the Federal Aviation Regulations is Primary Highway 337 in a southeasterly [Airspace Docket No.; 70-SG-37] amended, effective 0901 G.m.t., Au direction to Primary Highway 32, 10; gust 20, 1970, as hereinafter set forth. thence, following Primary Highway 32, p a r t 71— DESIGNATION OF FEDERAL In §71.171 (35 F.R. 2054), thè Mont 10 in a northerly direction to the Nanse AIRWAYS, CONTROLLED AIRSPACE, gomery, Ala., control zone is amended to mond River; thence, following the west AND REPORTING POINTS bank of the Nansemond River in a gen read: erally northeasterly direction to the Designation of Transition Area Montgomery, Ala. north bank of Western Branch; thence, On May 9, 1970, a notice of proposed Within a 5-mile radius of Dannelly Field following the north bank of Western (lat. 32°18'00" N., long. 86°23'36" W.); rule making was published in the F ed Branch in a northwesterly direction to within 1.5 miles each side of Dannelly Field eral R egister (35 F.R. 7304), stating secondary Highway 603; thence, follow ILS localizer west course, extending from the ing Secondary Highway 603 in a north that the Federal Aviation Administra 5-mile radius zone to 1.5 miles east of the easterly direction to Secondary High tion was considering an amendment to LOM; within 2.5 miles each side of Mont Part 71 of the Federal Aviation Regula gomery VORTAC 311° radial, extending from way 602; thence, following Secondary tions that would designate the Allendale, the 5-mile radius zone to 15.5 miles north Highway 602 in a northeasterly direction S.C., transition area. west of the VORTAC; within a 5-mile radius to Secondary Highway 600; thence, fol of Maxwell AFB (lat. 32®22'48" N., long. lowing Secondary Highway 600 in a Interested persons were afforded an 86°21'55'' W .); within 2 miles each side of southeasterly direction to Primary High opportunity to participate in the rule Maxwell TACAN 333° radial, extending from way 32, 10; thence, following Primary making through the submission of com the 5-mile radius zone to 8.5 miles northwest Highway 32, 10 in a southerly direction ments. All comments received were of the TACAN. favorable. to the Nansemond-Isle of Wight County Subsequent to publication of the In § 71.181 (35 F.R. 2134), the Mont hne; thence, following the Nansemond- gomery, Ala., transition area is amended isie of Wight County line in a north notice, the geographic coordinate (lat. to read : 35°59'30" N., long. 81°16'05" W.) for easterly direction to U.S. Highway 17; Montgomery, Ala. Allendale County Airport was obtained thence, following U.S. Highway 17 in a That airspace extending upward from 700 wutheasterly direction to its junction from Coast and Geodetic Survey. It is necessary to alter the description by in feet above the surface within an 8.5-mile with the west bank of the Nansemond radius of Dannelly Field (lat. 32°18'00" N., River. serting the geographic coordinate for long. 86°23'36" W .); within 4.5 miles north the airport. Since this amendment is and 9.5 miles south of Dannelly Field ILS 23 stat. 32, as amended, secs. 1, 2, editorial in nature, notice and public ~tat. 791-792, as amended, secs. 1-4, 33 localizer west course, extending from the 8.5- tat. 1264, 1265, as amended, sec. 1, 75 Stat. procedure hereon are unnecessary and mile radius area to 18.5 miles west of the action is taken herein to amend the de LOM; within 2.5 miles each side of Mont 111 £ff S‘ 3 and llj 76 stat 130, 132; 21 U.S.C. gomery VORTAC 311° radial, extending from 10« L 2’ 113> 114£> 115, 117, 120, 121, 123- scription accordingly. In consideration of the foregoing, the 8.5-mile radius area to 23 miles north ™ 134b- 134f; 29 F.R. 16210, as amended) west of the VORTAC; excluding the portion £#ecizue date, The foregoing amend- Part 71 of the Federal Aviation Regula within the Selma, Ala., transition area; . ents shall become effective upon tions is amended, effective 0901 G.m.t., within a 9-mile radius of Maxwell AFB (lat. Nuance. August 20, 1970, as hereinafter set forth. 32°22'48" N„ long. 86°21'55" W .); within 3 In § 71.181 (35 F.R. 2134), the follow miles each side of Maxwell VOR 328° radial, amendments quarantine a portion ing transition area is added: extending from the 9-mile radius area to 8.5 nf aiayette County, Miss., and portion?- miles northwest of the VOR. m Nansemond and Isle of Wight Coun- Allendale, S.C. s in Virginia because of the existence (Sec. 307(a), Federal Aviation Act of 1958, 49 That airspace extending upward from 700 U.S.C. 1348(a); sec. 6(c), Department of ^“Olera. This action is deemed feet above the surface within a 6-mile radius Transportation Act, 49 U.S.C. 1655(c)) tVloe^ary to prevent further spread of of Allendale County Airport (lat. 35°59'30" +n ,ease- The restrictions pertaining N., long. 81°16'05'' W .); within 2.5 miles Issued in East Point, Ga., on June 12, sun«!6 lnterstate movement of swine and each side of Allendale VOR 329® radial, ex 1970. tending from the 6-mile radius area to 8.5 anti« f V t o t â from or through quar- miles northwest of the VOR. G ordon A. W illiam s, J r ., ntuied areas as contained in 9 CFR Part (Sec. 307(a), Federal Aviation Act of 1958 Acting Director, Southern Region. H ’ "f ten d ed , will apply to the quaran 49 U.S.C. 1348(a); sec. 6(c), Department of [F.R. Doc. 70-7799; Filed, June 19, 1970; te areas designated herein. Transportation Act, 49 U.S.C. 1655(c)) 8:46 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 No. 120------2 10146 RULES AND REGULATIONS

[Docket No. 10381; Arndt. 707] Parkersburg, W. Va.—Wood County Airport; public interest and under any of the LOC Runway 3, Orig.; Established. statutes which it administers. PART 97— STANDARD INSTRUMENT Section 97.27 is amended by establish (Sec. 6, 38 stat. 721; 15 U.S.C. 46) APPROACH PROCEDURES ing, revising or canceling the following Issued: June 12, 1970. Miscellaneous Amendments NDB 1 ADF SIAPs, effective July 16, 1970. Morganton, N.C.—Morganton-Lenoir Airport; By direction of the Commission. This amendment to Part 97 of the NDB (ADF)-1, Amdt. 1; Revised. [ seal] J oseph W. Shea, Federal Aviation Regulations incorpo Newark, N.J.—Newark Airport; NDB (ADF) Secretary. rates by reference therein changes and Runway 4L, Admt. 1; Revised. Newark, N.J.—Newark Airport; NDB (ADF) [F.R. Doc. 70-7803; Filed, June 19, 1970; additions to the Standard Instrument 8:47 a.m.] Approach Procedures (SIAP’s) that were Runway 22R, Amdt! 1; Revised. Parkersburg, W. Va.—Wood County Airport; recently adopted by the Administrator ' NDB (ADF) Runway 3, Orig.; Established. to promote safety at the airports con cerned. Section 97.29 is amended by establish Title 21— FOOD AND DRUGS The complete SIAP’s for the changes ing, revising, or canceling the following Chapter I— Food and Drug Adminis and additions covered by this amend ILS SIAPs, effective July 16, 1970. tration, Department of Health, Edu ment are described in FAA Forms 3139, Columbus, Ga.—Columbus Metropolitan Air cation, and Welfare' 8260-3, 8260-4, or 8260-5 and made a port; ILS Runway 5, Amdt. 12; Revised. part of the public rule making dockets Newark, N.J.—Newark Airport; ILS Runway SUBCHAPTER B— FOOD AND FOOD PRODUCTS of the FAA in accordance with the pro 4L, Amdt. 1; Revised. PART 121— FOOD ADDITIVES cedures set forth in Amendment No. Newark, N.J.—Newark Airport; ILS Runway 97-696 (358 F.R. 5610). 22R, Amdt. 1; Revised. Subpart C— Food Additives Permitted SIAP’s are available for examination (Secs. 307, 313, 601,1110, Federal Aviation Act in Feed and Drinking Water of An at the Rules Docket and at the National of 1958; 49 U.S.C. 1354, 1421, 1438, 1510; sec. imals or for the Treatment of Food- Flight Data Center, Federal Aviation Ad 6(c), Department of Transportation Act, 49 ministration, 800 Independence Avenue U.S.C. 16 5 5 (c),5 U.S.C. 552(a) (1)) Producing Animals sw „ Washington, D.C. 20590. Copies of Issued in Washington, D.C., on June 11, SUBCHAPTER C— DRUGS SIAP’s adopted in a particular region are 1970. also available for examination at the PART 135e— NEW ANIMAL DRUGS headquarters of that region. Individual W illiam G. S hreve, Jr., FOR USE IN ANIMAL FEEDS copies of SIAP’s may be purchased from Acting Director, Flight Standards Service. Decoquinate and 3-Nitro-4- the FAA Public Document Inspection Hydroxyphenylarsonic Acid Facility, HQ-405, 800 Independence No te: Incorporation by reference pro Avenue SW., Washington, D.C. 20590, or visions in §§ 97.10 and 97.20 (35 F.R. Acting on new animal drug applica from the applicable FAA regional office 5610) approved by the Director of the tions (39417V, 40-435V) filed by Hess in accordance with the fee schedule Federal Register on May 12, 1969. & Clark, Division of Richardson-Merrell, prescirbed in 49 CFR 7.85. This fee is [F.R. Doc. 70-7749; Filed, June 19, 1970; Inc., Ashland, Ohio 44805, the Food and payable in advance and may be paid by 8:45 a.m.] Drug Administration published an order check, draft, or postal money order pay in the F ederal R egister of February 19, able to the Treasurer of the United 1970 (35- F.R. 5162), permitting use of States. A weekly transmittal of all SLAP Title 16— COMMERCIAL decoquinate alone or in combination changes and additions may be obtained with 3 -nitro-4-hy droxyphenylarsomc by subscription at an annual rate of $125 acid in feed of broiler chickens. On the per annum from the Superintendent of PRACTICES basis of additional available informa Documents, U.S. Government Printing Chapter I— Federal Trade Commission tion and as a completion of promulga- Office, Washington, D.C. 20402. tory action regarding said applications, Since a situation exists that requires SUBCHAPTER A— PROCEDURES AND RULES OF the Commissioner of Food and Drugs immediate adoption of this amendment, PRACTICE concludes that the regulations should I find that further notice and public pro PART 2— NONADJUDICATIVE be further amended to provide (1) that cedure hereon is impracticable and good PROCEDURES feed Containing, decoquinate shall not cause exists for making it effective in also contain bentonite and (2) that tne less than 30 days. Subpart A— Investigations labeling of feeds containing decoquinate and 3 -nitro-4-hydroxyphenlarsomc acid In consideration of the foregoing, Part R equest for Commission Action 97 of the Federal Aviation Regulations bear the statement “as sole source oi is amended as follows, effective on the The Commission announces the fol organic arsenic.” nt dates specified: lowing amendment in Part 2 of Chapter Therefore, pursuant to provisions oi Section 97.11 is amended by establish I of Title 16 of the Code of Federal Regu the Federal Food, Drug, and Cosmetic ing, revising or canceling the following lations. This amendment shall become Act (sec. 512 (i), 82 Stat. 347; 2i U.S.C. L/MF-ADF(NDB) -VOR SIAP’s, effec effective on the date of its publication in 360b(i)), in accordance with the F ederal R egister. tive July 16,1970. and under authority delegated to tne Section 2.2(d) of Subpart A of Part 2 Commissioner (21 CFR 2.120), Parts 121 Du Bois, Pa.—Du Bols-Jefferson County is amended to read as follows: and 135e are amended a s iouows. Airport; ADF 1, Admt. 4; Canceled. § 2.2 Request for Commission action. 1. In § 121.262 3-Nitro-4-hydroxy Section 97.23 is amended by establish * * * - * * phenylarsonic acid, paragraph c , ing, revising, or canceling the following table 1, item 1.13 is amended by adding VOR-VOR/DME SIAP’s, effective July (d) It is the general Commission to the text under “Limitations the ioi policy not to publish or divulge the name lowing. ; as sole source of organic 16, 1970. of an applicant or complaining party Augusta, Ga.—Daniel Field; VOR—1, Arndt. 8; arsenic99 except as required by law or by the Com 2. In § 135e.51 Decoquinate: Revised. mission’s rules. Where a complaint is Newark, N.J.—Newark Airport; VOR Runway • a. Paragraph (f) is redesigns, 11, Amdt. 1; Revised. by a consumer or consumer representa paragraph (g) and a new p a ra g ra p h Parkersburg, W. Va.—Wood County Airport; tive concerning a specific consumer (f) is added, as follows: VOR Runway 21, Amdt. 8; Revised. product or service, the Commission, in (f) Special considerations. . Port Clinton, Ohio—Carl R. Keller Field; the course of a referral of the complaint should not be used in decoquinate » e - VOR—1, Amdt. 2; Revised. or of an investigation, may disclose the b. The table in redesignated pam Augusta, Ga.—Bush Field; VOR/DME—1, identity of the complainant or com graph (g) is amended to item * 2 * ^ Amdt. 12; Revised. plainants. In referring any such con ing to the text under Limitations tn Section 97.25 is amended by establish sumer complaint, ¿he Commission specif following: “I as sole source of organi ically retains its right to take such ing, revising or canceling the following arsenic.” LOC-LDA SIAP’s, effective July 16, 1970. action as it deems appropriate in the

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 RULES AND REGULATIONS 10147

Effective date. This order is effective [A.I.D. Reg. 8] on publication in the F ederal R egister. Title 22— FOREIGN RELATIONS (Sec. 512(i), 82 Stat. 347; 21 U.S.C. 360b(i)) PART 208— SUPPLIERS OF COMMOD Chapter II— Agency for International ITIES AND COMMODITY-RELATED Dated: June 12, 1970. Development, Department of State SERVICES INELIGIBLE FOR A.I.D. S am D. F in e, [A.I.D. Reg. 1] FINANCING Acting Associate Commissioner for Compliance. PART 201— RULES AND PROCEDURES Failure To Disclose Records as Cause [F.R. Doc. 70-7808; Filed, June 19, 1970; APPLICABLE TO COMMODITY for Debarment 8:47 a.m.j TRANSACTIONS FINANCED BY A.I.D. Part 208 of Chapter II, Title 22 (A.I.D. PART 146— ANTIBIOTIC DRUGS; PRO Reg. 8) is revised to read as follows: CEDURAL AND INTERPRETATIVE Charter Party as Document Required Paragraph (d) of § 208.5 is redesig REGULATIONS for Payment nated as paragraph (e) and a new para Fees Part*201 of Chapter II, Title 22 (A.I.D. graph (d) is added to read as follows: Reg. 1) is revised to read as follows: Pursuant to provisions of the Federal § 208.5 Causes for debarment. Food, Drug, and Cosmetic Act (sec. 507, In § 201.52 the first sentence of para 59 Stat. 463, as amended; 21 U.S.C. 357) graph (a) (3) is revised to read as A supplier may be debarred for any of follows: and under authority delegated to the the following causes: Commissioner of Food and Drugs (21 § 201.52 Required documents. CFR 2.120), § 146.8 Fees is amended in * * * * | the fee schedule in paragraph (b) (1) (a) Commodities and commodity-re (d) Failure to furnish information to by changing the item “Gas chro lated services. * * * (3) Charter party. A copy (or photoA.I.D. in accordance with contractual matograph (lincomycin) ” to read “Gas undertakings to A.I.D. — chromatography”. stat) of any charter party under which This order merely makes a change in shipment is made, submitted (i) by the (e) Acting in any other manner the antibiotic drug certification fee commodity supplier whenever A.I.D. fi which shows a lack of integrity or nances any portion of the dollar price schedule to permit the subject item to honesty in connection with any trans apply to more than one substance ; there of a commodity sale under C. & F. or fore, notice and public procedure and de C.I.F. delivery terms, or (ii) by the action financed with funds made avail layed effective date are not prerequisites supplier of ocean transportation when able under the Act or with funds made to this promulgation. ever A.I.D. finances the freight under available under other legislation by any any freight reimbursement arrange Effective date. This order shall be ment. *.■**' other agency of the United States. effective upon publication in the F ederal * * * * * Register. This amendment wfil become effec (Sec. 507, 59 Stat. 463, as amended; 21 U.S.C. This amendment will become effec tive upon publication in the F ederal 357) tive upon publication in the F ederal R egister. R egister. Dated: June 12, 1970. Dated: June 12, 1970. Dated: June 12,1970. S am D. F in e, Acting Associate Commissioner J ohn A. Hannah, J ohn A. H annah, for Compliance. Administrator. Administrator. [F.R. Doc. 70-7809; Filed, June 19, 1970; [F.R. Doc. 70-7815; Filed, June 19, 1970; [F.R. Doc. 70-7816; Filed, June 19, 1970; 8:47 a.m.] 8:48 a.m.] 8:48 a.m.] Title 24— HOUSING AND HOUSING CREDIT Chapter VII— Federal Insurance Administration, Department of Housing and Urban Development SUBCHAPTER B— NATIONAL FLOOD INSURANCE PROGRAM PART 1914— AREAS ELIGIBLE FOR THE SALE OF INSURANCE List of Designated Areas Section 1914.4 is amended by adding in alphabetical sequence a new entry to the table, which entry reads as follows: § 1914.4 List of designated areas. * ______** * * * *

8tate County Location Map No. Effective date State map repository Local map repository of authorization of sale of flood insurance for area ♦ • * * * * * * * * * * Alaska. * * » * » * — Greater Anchorage Chester and Ë 02 020 0130 01. Planning Department, Greater An- June 19,1970. Borough. Campbell E 02 020 0130 02 ernor, State of Alaska, Juneau, chorage Area Borough, 104 West Creeks. E 02 020 0130 03 Alaska 99801. Northern Lights Blvd., Anchorage, E 02 020 0130 04 Director of Insurance, State of Alaska, Alaska 99503. Florida. Pouch D, Juneau, Alaska 99801. E 12 087 0000”01. Department of Community Affairs, Office of the Zoning Director, Monroe Do. E 12 087 0000 02 225 West Jefferson St., Tallahassee, County Courthouse, Key West, Fla. E 12 087 0000 03 Fla. 32303. 33040. State of Florida Insurance Depart ment, Treasurer’s Office, State Cap b o .... itol, Tallahassee, Fla. 32303. E 12 087 1569 01 Office of the City Clerk, City of Key Do. Colony Beach, Key Colony Beach, Do.... Fla. 33051. E 12 087 1580 01. .do. Office of the City Manager, City of Key Do. West, City Hall, Key West, Fla. 33040.

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 10148 RULES AND REGULATIONS

Effective date State County Location Map No. State map repository Local map repository of auttiomation insurance for are a

Kansas Water Resources Board, 1134-S Fairway City Hall, 5244 Norwood Do. Kansas...... JohDSOn...... ~ FairWay...... E 20 091 1770 02* State Office Bldg., Topeka, Kan?. Road, Shawnee Mission, Kansas 66612. 66205. Kansas Insurance Department, 1st Floor, Statehouse, Topeka, Kans. 66612. ■ . . E 22 023 0000 01. . Louisiana Department of Public Office of the Parish Treasurer, Police Do. Louisiana...... Cameron Jury Annex, Cameron, La. 70631. (Parish). E 22 023 0000 02 Works, Baton Rouge, La. 70804. E 22 023 0000 03 Commissioner of Insurance, State of E 22 023 0000 04 Louisiana, Box 44214, Capitol Sta tion, Baton Rouge, La. 70804. _____do...... Office of the Chief Engineer, Room' Do. Do...... East Baton Baton Rouge and E 22 033 0150 01. 406, Municipal Bldg., Baton Rouge, Rouge (Parish). Vicinity. through E 22 033 0150 16 La. 70821. Division of Water Resources, Massa- Office of the Board of Selectmen, Town Do. Massachusetts... Bristol. Sw ansea...... E 25 005 1268 01. E 25 005 1268 02 chusetts Water Resources Commis Hall, Main St., Swansea, Mass. 02777. E 25 005 1268 03 sion, State Office Bldg., Govern E 25 005 1268 04 ment Center, 100 Cambridge St., Boston, Mass. 02202. Division of Insurance, 10Q Cambridge St., Boston, Mass. 02202. E 37 179 5180 01. North Carolina Department of Water Town Hall, Town of Wrightsville Do. North Carolina. New Hanover...... Wrightsville Beach, 400 Waynick Blvd., Post Beach. E 37 179 5180 02 and Air Resources, Post Office Box 9392, Raleigh, N.C. 27603. Office Box 626, Wrightsville Beach, N.C. 28480. North Caroline Insurance Depart ment, Post Office Box 351, Raleigh, N C 27602 Do. Dakota.. Pembina...... Pembina------E 3 8 067 2500 01.. State Water ’Commission, Bismarck, City Hall, City of Pembina, Pembina, North N. Dak. 58501. N. Dak.,58271. State Insurance Commission, State Capitol, Bismarck, N. Dak. 58501.

/Tsrntinnal Flood Insurance Act of 1968 (title XIII of the Housing and Urban Development Act of 1968), effective Jan. 28, 1969 (33 PE. 17804 N o v ^ ^ 1? 68) as amended (secs. 408-410, Public Law 91-152, Dec. 24, 1969), 42 U.S.C. 4001-1127; and Secretary’s delegation of authority to Federal Insurance Administrator, 34 F.R. 2680, Feb. 27, 1969); Secretary’s designation of Acting Federal Insurance Adminis trator, 35 F.R. 5570, Apr. 3, 1970)

Issued: June 19,1970. Charles W . W iecking, Acting Federal Insurance Administrator. [F.R. Doc. 70-7781; Filed, June 19, 1970; 8:45 a.m.]

PART 1915— IDENTIFICATION OF FLOOD-PRONE AREAS List of Flood Hazard Areas Section 1915.3 is amended by adding in alphabetical sequence a new entry to the table, which entry reads as follows: § 1 9 1 5 .3 List of flood hazard areas.

Effective date of identification State map repository Local map repository of areas which State County Location Map No. have special flood hazards

* * * * * * Planning Department, Greater An- June 19, 1970. Alaska...... Greater Chester and H 02 020 0130 01. Local Affairs Agency, Office of the H 02 020 0130 02 Governor, State of Alaska, Juneau, chorage Area Borough, 104 West Anchorage Campbell Northern Lights Blvd., Anchorage, Borough. Creeks. H 02 020 0130 03 Alaska 99801. H 02 020 0130 06 Director of Insurance, State of Alaska, Alaska 99503. Pouch D, Juneau, Alaska 99801. Department of Community Affairs, Office of the Zoning Director, Monroe Do. Florida______Monroe. H 12 087 0000 01. H 12 087 0000 02 225 West Jefferson St., Tallahassee, County Courthouse, Key West, H 12 087 0000 03 Fla. 32303. Fla. 33040. State of Florida Insurance Depart ment, Treasurer’s Office, State Capitol, Tallahassee, Fla. 32303. Do. H 12 087 1569 01. ____ do------Office of the City Clerk, City of Key Do ...... do...... — Key Colony Colony Beach, Key Colony Beach, Beach. Fla. 33051. , H 12 087 1580 01. .do. Office of the City Manager, City of Do...... do...... Key West— Key West, City Hall, Key* West, Fla. 33040. _ . Fairway City Hall, 5244 Norwood DO; Kansas...... Johnson...... Fairway------H 20 091 1770 01. Kansas Water Resources Board, H 20 091 1770 02 1134 S State Office Bldg., Topeka, Road, Shawnee Mission, Kans. Kans. 66612. 66205. Kansas Insurance Department, 1st Floor, Statehouse, Topeka, Kans. 66612. Do; H 22 023 0000 01. Louisiana Department of Public Works Office of the Parish Treasurer, Police Louisiana...... Cameron Jury Annex, Cameron, La. 70631. (Parish). H 22 023 0000 02 Baton Rouge, La. 70804. H 22 023 0000 03 Commissioner of Insurance, State of H 22 023 0000 04 Louisiana, Box 44214, Capitol Sta tion, Baton Rouge, La. 70804. Do. ____ do...... - ...... -...... Office of the Chief Engineer, Room 406, Do East Baton Baton Rouge and H 22 033 0150 01 Municipal Bldg., Baton Rouge, La. Rouge (Parish). Vicinity. through B H 22 033 0150 16 70821. Do; Division of Water Resources, Massar Office of the Board of Selectmen, Massachusetts... Bristol...... Swansea...... — . H 2500^1268 02' chusetts Water Resources Commis Town Hall, Main St., Swansea, Mass. H 25 005 1268 03 sion, State Office Bldg., Govern 02777. H 25 005 1268 04 ment Center, 100 Cambridge St., Boston, Mass. 02202. Division of Insurance, 100 Cambridge St.. Boston, Mass. 02202.

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 RULES AND REGULATIONS 10149

Effective date State County Location Map No. of identification State map repository Local map repository of areas which have special flood hazards

North New Hanover... . . Wrightsville H 37 179 6180 01.. . North Carolina Department of Water Town Hall, Town of Wrightsville Do. Carolina. Beach. H 37 179 5180 02 and Air Resources, Post Office Box Beach, 400 Waynick Blvd., Post 9392, Raleigh, N.C. 27603. Office Box 626, Wrightsville Beach, NX!. 28480. North Carolina Insurance Depart ment, Post Office Box 351, Raleigh, N.C. 27602. North Dakota.. . Pembina______.. Pembina...... H 38 067 2500 01.. . State Water Commission, Bismarck, City Hall, City of Pembina, Pembina, Do. N. Dak. 58501. N. Dak. 58271. State Insurance Commission, State Capitol, Bismarck, N. Dak. 58501.

Ui wie nousmg ana uroan Development Act of 1968), effective Jan. 28 1969 (33 P R nsoé, Nov 28, 1968), as amended (secs. 408-410, Public Law 91-152, Dec. 24, 1969), 42 U.S.C. 4001-4127; and Secretary’s delegation of authority to Federai Insurance Administrator (34 P.R. 2680, Feb. 27, 1969) ; Secretary’s designation of Acting Federal Insurance Administra- torf oO J? (ivt oo /Uj Apr. 19TO) Issued: June 19, 1970. Charles W . W iecking, Acting Federal Insurance Administrator. [F.R. Doc. 70-7782; Filed, June 19, 1970; 8:45 a.m.]

Horizontal—Upper: Across each end of car (3) That a safe means must be provided Title 49— TRANSPORTATION near outer edge securely braced with ver to assure the Safety of an operating em tical supports not less than 48 nor more ployee when required to clean or maintain Chapter II— Federal Railroad Admin than 54 inches above top of platform ex windows of a caboose without running istration, Department of Transpor tending not less than full width of plat boards. form excluding hand brake stanchion area. (4) That end platform safety railing and tation Horizontal—Lower: Across each end of car handhold arrangement will be deemed to [Docket No. FRA-SA-1] near outer edge securely braced with ver meet requirements except as to upper safety tical supports not less than 36 nor more railing and kick plates, when those appli PART 231— RAILROAD SAFETY than 42 inches above top of platform ex ances are not provided. When vertical sup APPLIANCE STANDARDS cluding hand brake stanchion area. An ports are not more than twenty-four (24) opening may be provided near center. Such inches apart, such supports may be used in Miscellaneous Amendments opening shall be provided with a secure lieu of kick plates. safety chain(s) not less than %-inch di (5) That the following additional safety By order in Docket No. FRA-SA-1, ameter wrought iron, or steel, or other appliances (when not so provided) shall be effective June 1, 1970, the United States secure suitable closure. securely installed at outer edge of each Safety Appliance Standards were (iv) Manner of application: platform: amended as follows: Safety railing shall be securely fastened with (a) Safety railing. i^-inch bolts or rivets when possible and (i) Number: Amendments to § 231.10. 1, Add at securely supported. A weld at connection Horizontal upper—Two (2). end of paragraphs (b ) , ( c ) , (d ), and (e) of vertical and horizontal safety railing and (ii) Dimensions: the following words: “See note below.” vertical supports is permissible when those Minimum diameter—One (1) inch wrought 2. Add the following note to § 231.10: appliances are fabricated as a single unit, iron, steel, or other material of equivalent (b) Kick plates strength. N o t e : Running boards may be omitted (i) Number: Four (4). Minimum clearance—Four (4), preferably six from Caboose Cars with platforms built (ii) Dimensions: alter June 1, 1970, when each of the follow (6) inches except at brace and fastening ing conditions have been m et: Minimum thickness 10-gauge wrought iron, locations. steel or other material of equivalent (iii) Location: (1) That ladders, roof handholds (includ strength. ing ladder extensions) and cupola handholds' Width—Minimum 24 inches. Horizontal—Upper: Across each end of car a® in paragraphs (c), (d), and (e) Height—Minimum 24 inches. near outer edge securely braced with ver of this § 231.10 are also omitted. (iii) Location: One near each side on each tical supports not less than 48 nor more , '2) ,That an appropriate notice be posted end. Outer edge not more than 12 inches than 54 inches above top of platform ex protective manner or stenciled on interior from adjacent vertical safety railing with tending not less than full width of plat nmv^u??Se stating “operating employees are bottom edge near top of platform. Hand form excluding hand brake stanchion area. Fn iiiblted under all conditions from occupy- brake stand may serve as part of kick plate. Ladder tread not more than two (2) inches “ f roof of this caboose.” below level of upper safety railing may ( ) That a safe means must be provided (iv) Manner of application: Securely fast serve as a portion of said safety railing. ened by y2 -inch bolts or rivets, or weld. tile safety of an operating em- (b) Kick plates or vertical supports— roirwfn Wheu re

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 10150 RULES AND REGULATIONS

(a) A solid shank of one-half (% ) inch Railway Co.; Chicago, Rock Island and a junction with the car owner, such cars minimum diameter steel or material of equal Pacific Railroad Co.; Missouri-Kansas- shall be delivered to the car owner at or greater strength having cold forged head Texas Railroad Co.; Missouri Pacific that junction, either loaded or empty. on one end, a shank length for material (3) Boxcars described in subpara thickness fastened, locking grooves, break Railroad Co.; St. Louis-San Francisco neck groove and pull grooves (all annular Railway Co. graph (1) of this paragraph, owned by grooves) on the opposite end. (2) Boxcars described in subparathe carriers listed and located in States (b) A collar of similar material •which is graph (1) of this paragraph, may be other than those listed under the name cold swaged into the locking grooves forming loaded to stations on the lines of the of the owning carrier, may be loaded to a head for the opposite end of item (a) after car owning railroad. After unloading at any station in such States: the pull groove section has been removed. Issued in Washington, D.C., on June ATSFCRIP MKT MP SLSP 16, 1970. R obert R. B oyd, Colorado Arkansas Kansas Arkansas Arkansas Director, Office of Illinois Colorado Missouri Illinois Kansas Kansas Illinois Oklahoma Kansas Missouri Hearings and Proceedings. Missouri Iowa Texas Missouri Oklahoma Nebraska [F.R. Doc. 70-7834; Filed, June 19, 1970; Oklahoma Kansas Texas Texas Missouri Texas 8:49 a.m.] Nebraska Oklahoma Texas Chapter X— Interstate Commerce' Commission (4) No common carrier by railroadIsland and Pacific Railroad Co. is un subject to the Interstate Commerce Act able to serve shippers located on its line SUBCHAPTER A— GENERAL RULES AND shall accept from shipper any loaded at Sioux Falls, S. Dak.; that the Chicago REGULATIONS boxcar for movements contrary to the and North Western Railway Co. has [Rev. S.O. 1041] provisions of subparagraphs (2) and (3) agreed to serve industries located on the Chicago, Rock island and Pacific Rail PART 1033— CAR SERVICE of this paragraph. (b) Application. The provisions of this road Co. at Sioux Falls, S. Dak.; that the Distribution of Boxcars order shall apply to intrastate, interstate, Commission is of the opinion that opera and foreign commerce. tion by the Chicago and North Western At a session of the Interstate Com (c) Effective date. This order shall be Railway Co. ovey tracks of the Chicago, merce Commission, Railroad Service come effective at 12:01 a.m., June 13, Rock Island and Pacific Railroad Co. at Board, held in Washington, D.C., on the 1970. Sioux Falls, S. Dak., is necessary in the 11th day of June 1970. interest of the public and the commerce It appearing, that an acute shortage (d) Expiration date. This order shall expire at 11:59 p.m. June 30, 1970, unless of the people; that notice and public pro of certain plain boxcars exists on the cedure herein are impractical and con railroads named in paragraph (a) (1) otherwise modified, changed, or sus pended by order of this Commission. trary to the public interest; and that herein; that shippers located on the lines good cause exists for making this order of these carriers are being deprived of (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, effective upon less than 30 days’ notice. 384, as amended; 49 U.S.C. 1, 12, 15, and such cars required for loading, resulting It is ordered, That: in a severe emergency and causing grain 17(2). Interprets or applies secs. 1(10-17), 15(4), and 17(2), 40 Stat. 101, as amended § 1033.1042 Service Order No. 1042. elevators to be unable to accept newly 54 Stat. 911, 49 U.S.C. 1(10-17), 15(4), and harvested grain, or to store grain on the 17(2)) (a) Chicago and North Western Rail ground, thus creating economic loss; way Co. authorized to operate over that present rules, regulations, and prac It is further ordered, That a copy tracks of the Chicago, Rock Island and tices with respect to the use, supply, con of this order and direction shall be Pacific Railroad Co. The Chicago and trol, movement, distribution, exchange, served upon the Association of Ameri North Western Railway Co. be, and it is interchange, and return of boxcars can Railroads, Car Service Division, as hereby, authorized to operate over tracks owned by these railroads are ineffective. agent of all railroads subscribing to the of the Chicago, Rock Island and Pacific It is the opinion of the Commission that car service and per diem agreement Railroad Co. at Sioux Falls, S. Dak. an emergency exists requiring immediate under the terms of that agreement; and (b) Application. The provisions of this action to promote car service in the in that notice of this order be given to the order shall apply to intrastate and for terest of the public and the commerce general public by depositing a copy in the eign traffic, as well as to interstate traffic. of the people. Accordingly, the Commis Office of the Secretary of the Commis sion at Washington, D.C., and by filing (c) Rates applicable. Inasmuch as this sion finds that notice and public proce operation by the Chicago and North dure are impracticable and contrary to it with the Director, Office of the Federal Register. Western Railway Co. over tracks of the the public interest, and that good cause Chicago, Rock Island and Pacific Rail exists for making this order effective By the Commission, Railroad Service road Co. is deemed to be due to carrier s upon less than 30 days’ notice. Board. disability, the rates applicable to traffic It is ordered, That: [seal] H. Neil G arson, moved by the Chicago and North Western § 1 0 3 3.1041 Service Order No. 1041. Secretary. Railway Co. over these tracks of the (a) Distribution of boxcars. Each Chicago, Rock Island and Pacific Rail [F.R. Doc. 70-7828; Filed, June 19, 1970; road Co. shall be the rates which were common carrier by railroad subject to 8:49 a.m.] the Interstate Commerce Act shall ob applicable on the shipments at the time serve, enforce, and obey the following of shipment as originally routed. rules, regulations, and practices with re [S.O. 1042] (d) Effective date. This order shah spect to its car service: PART 1033— CAR SERVICE become effective at 12:01 a.m., June l > (1) Return to owners empty, except 1970. , as otherwise authorized in subpara Chicago and North Western Railway (e) Expiration date. The provisions o graphs (2) and (3) of this paragraph, all Co. Authorized To Operate Over this order shall expire at 11:59 p.m., Sep plain boxcars which are listed in the Tracks of Chicago, Rock Island and tember 30, 1970, unless otherwise moai- fied, changed, or suspended by order ox Official Railway Equipment Register, Pacific Railroad Co. ICC R.E.R. 375, issued by E. J. McFar this Commission. land, or reissues thereof, as having me At a session of the Interstate Com (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, chanical designation XM, with inside merce Commission, Railroad Service 384, as amended; 49 U.S.C. 1, l2' 1 ’ length 44 feet 6 inches or less and Board, held in Washington, D.C., on the 17(2). Interprets or applies secs. l(iv-x equipped with doors less than 9 feet 16th day of June 1970. 15(4), and 17(2), 40 Stat. 101, “ amended wide, owned by the following railroads: It appearing, that because of track 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), The Atchison, Topeka and Santa Fe damage from flooding, the Chicago, Rock 17(2))

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 RULES AND REGULATIONS 10151 It is further ordered, That copies of for the furnishing of a guarantee agree and prior experience. The fee schedule this order shall be served upon the Asso ment. The Fishermen’s Protective Act may be increased or decreased by ciation of American Railroads, Car Serv Procedures, which became effective Feb amendment to this part at any time, if ice Division, as agent of the railroads ruary 9, 1969, established fees, based on warranted by changed conditions; and subscribing to the car service and per anticipated losses, to provide for pay if this change takes place prior to the diem agreement under the terms of that ment of the administrative costs and end of a fiscal year it will be applicable agreement ; and that notice of this order one-third of the estimated claims to be to all contracts executed after the effec shall be given to the general public by paid from the Fishermen’s protective tive date of the amendment. depositing a copy in the Office of the fund. Experience to date in the payment (b) The fees to be paid by an appli Secretary of the Commission at Wash of claims under this program indicates cant during the fiscal year ending June ington, D.C., and by filing it with the that a change in the fee schedule on a 30, 1971, shall be as follows; For each Director, Office of the'Federal Register., fiscal-year basis is not warranted at this vessel $60 plus $1.80 per gross ton as By the Commission, Railroad Service time. However, to avoid the necessity for listed on the vessel’s documents. Frac Board. issuing two guarantee agreements within tions of a ton are not included. a period of 4 months with the consequent (c) The fees will cover the guarantee [seal] H. Neil Garson, additional costs to the owners an op agreement for a fiscal year ending on Secretary. tional fee is authorized for any guarantee June 30, or any part of that fiscal year. [F.R. Doc. 70-7829; Filed, June 19, 1970; agreements effected between • March 1, No return of a fee or portion of a fee 8:49 a.m.] 1970, and June 30, 1970, in the event the will be made after an agreement is owner desires to have the guarantee executed by the Secretary. agreement extend through June 30,1971. (d) The feea to be paid by an appli This amendment relates to matters cant to cover a guarantee agreement Title 50— WILDLIFE AND which are exempt from the rule making executed between March l and June 30, requirements of the Administrative Pro 1970, in the event said applicant desires FISHERIES cedures Act (5 U.S.C. 1003). Furthermore to have the guarantee agreement extend this amendment has the effect of relax through June 30, 1971, shall be as fol Chapter II— Bureau of Commercial ing previous restrictions and so should lows: For each vessel $90 plus $2.70 per Fisheries, Fish and Wildlife Service, be made effective immediately. This gross ton as listed on^the vessel’s docu Department of the Interior amendment is hereby adopted and will ments. Fractions o f a ton are not become effective on the date of its pub included. SUBCHAPTER F— AID TO FISHERIES lication in the F ederal R egister. (e) A guarantee agreement may, with PART 258— FISHERMEN’S Section 258.5 is hereby amended as the consent of the Secretary, be assigned PROTECTIVE ACT PROCEDURES follows: to a new owner of a vessel if the owner § 258.5 Fees. ' —*• ship of the vessel is transferred during Provision for Fees the period in which the agreement is in (a) The fees during the period endingforce. J une 17,1970. on June 30, 1970, are established to pro P h ilip M. R oedel, Section 7 of the Fishermen’s Protec vide for payment of the administrative tive Act of 1967 (Public Law 90-482; 22 Director, costs and one-third of the estimated Bureau of Commercial Fisheries. U.S.C. 1977), authorized the Secretary claims to be paid from the fund. They of the Interior to set fees to be charged [F.R. Doc. 70-7821; Filed, June 19, 1970; will be set based on anticipated losses 8:48 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 10152 Proposed Rule Making

provide, service with its attendant risks. land High School Auditorium, Midland, See Permian Basin Area Rate Cases, 390 Tex., commencing at 10 a.m. and thence FEDERAL POWER COMMISSION U.S. 747 (1968) (hereinafter “Permian”) ; from day to day until recessed by an [ 18 CFR Part 2 1 Austral Oil Co. v. F.P.C.,------F. 2d------officer designated by paragraph 11, infra. Any statements taken at a public hear [Docket No. R-389] (Fifth Circuit 1970, slip opinion dated Mar. 19, 1970, No. 27492, et al.) (here ing announced by the Commission or its NATURAL GAS IN PERMIAN BASIN inafter “Austral”). Secretary will be reduced to written form 4. First, we call on all parties includ and will be considered together with the Initial Rates for Future Sales ing staff to submit an estimate of the filed comments in this docket. Any party J une 17, 1970. current, nationwide cost of finding and who wishes to make an oral statement in lieu of filing written comments should Notices of investigation, proposed rule- producing nonassociated natural gas. This estimate should be made using as file a request with the Secretary on or making, and statement on new applica before July 10, 1970. The request shall tions for certificates for sale of Permian far as possible the costing methods set forth in Commission Opinions Nos. 468 state the name, title, and mailing ad Basin area natural gas. dress of the person, the interest he has or 1. Noticejs hereby given, that pursu (34 FPC 191-207) and 546 (40 FPC 556- 589). An explanation of the methods used represents in this proceeding, and a ant to the Administrative Procedure Act, waiver of the right to file written com 5 U.S.C. 551 et seq. (1967) and sections in estimating current cost, together with all supporting calculations, shall be at ments pursuant to paragraph 10, infra. 4 5, 7, 8, 14, 15, and 16 of the Natural Denial of an oral presentation means Gas Act (52 Stat. 822, 823, 824, 825, 828, tached to the response. New gas cost es timates should be determined at the in only that the person should file written 829, 830; 56 Stat. 83, 84; 61 Stat. 459; comments if he wishes to be heard. Per 76 Stat. 72; 15 U.S.C. 717c, 717d, 717f, dicated 12 percent rate of return for pur poses of responding to this paragraph 4. sons whose request is granted will be 717g, 717m, 717o) and upon an invests notified by mail of the date and time al gation to be conducted in this docket, However, in their responses to the para graph 5, the parties will have an oppor lotted. Additional hearings may be held the Commission proposes to issue rules upon notice from the Secretary. fixing the terms and conditions under tunity to state any^ alternative rates of return which they deem more appropri 8. This rulemaking proceeding shall which it will issue permanent certif encompass Texas Railroad Commission icates for, and will otherwise regulate, ate. The Bureau of Natural Gas has made a preliminary estimate which indicates Districts 7-B, 7-C, 8, and 8-A; Val Verde, new sales of natural gas subject to the Edwards, Real, Bandera, Kerr, Kendall, Commission’s jurisdiction in the Per cost increases in the range of 3-5 cents per Mcf exclusive of any modification in Comal, Gillespie, Mason, Llano, Blanco, mian Basin area, under contracts dated Hays, Travis, Burnet, Williamson, Milam, after the date of issuance of a rule rate of return. and Bell Counties located in Texas Rail herein. The rates to be set pursuant to 5. Second, we call on all parties to respond on rate of return and other fac road Commission District 1; and Chaves, this rulemaking will be firm rates, not Eddy, Lea, and Roosevelt Counties, subject to refund obligation. However, tors discussed by the Supreme Court in Permian, supra, and the U.S. Court of N. Mex. any rate set will be subject to prospec 9. All statements and submittals in tive modification at the conclusion of the Appeals for the Fifth Circuit in Austral, supra. response to this notice shall be under new Permian Basin area rate proceeding oath, acknowledged by a notary public which we have today instituted by sepa 6. Third, we call on parties to respond on the question of the weight to be given or comparable official, as follows: rate order in Docket No. AR70-1, 35 __ .__ .______.__ being duly F.R. 10180. to gas contract prices, terms, and in ducements or commodity value, in con (Name) Data available to the Commission in sworn, deposes and says that he is (title dicates that interstate pipelines are un sidering producer rates and on the ques and organization, if filing in a represent tion of whether the market mechanism able to procure contracts for new sup ative capacity); that he is authorized to plies of gas, on a spot or long-term basis, in the light of pipeline regulation will adequately protect consumer interests. verify and file this document, that he at the same relative rate as heretofore, has examined the statements contained and that this does not appear to repre See Permian, supra, p. 795. Any party responding to this issue should either in the submittal and that all such state sent any decline in the productivity of ments are true and correct to the best the area below earlier estimates. Re include any information he may have of his knowledge, information, and belief. concerning prices and other relevant cently significant pipeline capacity for 10. Any interested person may become intrastate transportation and sales has terms applicable to contracts dated on or after January 1, 1966, for the intrastate a party to this proceeding by filing with been put into operation. ' the Secretary, on or before July 10, 1970, 2. We do not propose any specific terms sale of natural gas in the Permian Basin and any information he may have con a notice of intention to respond pursuant and conditions in this notice. Rather, we to this paragraph. (All requests to be will rely in making that determination cerning prices and other relevant terms offered (or demanded), but not accepted, heard orally pursuant to paragraph 7, on the responses to be filed herein. We supra, will be deemed to be notice pursu propose to amend § 2.56 Area price for contracts for interstate sale of natu ral gas in the Permian Basin (together ant to paragraph 10.) The Secretary will levels for natural gas sales by independ thereupon prepare and publish a list oi ent producers, as amended, in Part 2— with the factors believed to be the cause of the failure to contract) or state that all parties. Parties shall certify that all General Policy and Interpretations, other parties have been served with a Chapter I, Title 18 of the Code of Fed no such information is available to him or state the reason or reasons why the copy of any subsequent filing. Responses eral Regulations. in writing concerning this proposed rule- 3. As an aid to interested parties information is withheld. Nothing herein shall limit investigation by the staff making (hereinafter “original submi - (hereinafter “parties”) in preparing tal”) shall be filed with the Secretary at responses, and as notice to those who (pursuant to paragraph 11, infra), independent of any responses which may the Federal Power Commission, wasn- may be examined in this investigation, ington, D.C. 20426, by July 31, 1970. we set forth specific areas of inquiry, be filed. 7. A public hearing will be held in this submittal shall state the name, title, the purpose of which is to determine the mailing address of the person or P terms and conditions which will result proceeding commencing on July 29,1970, to whom communications concern! | for the purpose of allowing a number of in an adequate supply of natural gas for this matter should be addresse , consumers at the lowest rate consistent persons such as small producers to state their views in lieu of filing written com interest in this proceeding, and wheth with maintaining an industry structure the person filing them requests a con capable of providing, and motivated to ments. This hearing will be held in Mid

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 PROPOSED RULE MAKING 10153

ference at the Federal Power Commis convenience and necessity. Where a peti tracts on which timber or other vegeta sion. An original and 14 copies of all tion for leave to intervene in opposition tive resources are being offered, the es submittals shall be filed. Responses to the is timely filed or where the Commission timated total quantity, the unit of submittals may be filed not later than on its own motion believes that a formal measure, the total appraised value, the September 1, 1970, in the same form and hearing is required, further notice of such minimum deposit, time and place for number as the original submittals (here hearing will be duly given. receiving bids, the office where additional after “reply submittals”) . The Commis 13. Notice of investigation, of rule- information may be obtained, and such sion will consider all such written sub making, and statement on new applica additional information as the authorized mittals, responses, and statements taken tions for certificates for sale of Permian officer may deem necessary. pursuant to paragraph 7, supra, and any Basin area gas in this docket are sepa report filed by an officer pursuant to rable. Termination or stay of any one by W alter J . Hickel, paragraph 11, infra, before issuing an order of this Commission or otherwise Secretary of the Interior. order in this proceeding. shall not affect any other proceeding in J une 15,1970. 11. For the purpose of the aforesaid corporated herein. [F.R. Doc 70-7791; Filed, June 19, 1970; investigation John W. Williams and E. B. 14. The Secretary shall cause prompt 8:46 a.m.] Blackmon? staff attorneys, are each publication of this notice to be made in hereby designated an officer of this the F ederal R egister. Commission and empowered to admin Oil Import Administration ister oaths and affirmations, subpoena By direction of the Commission.1 witnesses, compel their attendance, take G ordon M. G rant, [ 32A CFR Ch X ] evidence and require the production of Secretary. [Oil Import Reg. 1 (Rev. 5) ] any books, papers, correspondence, [F.R. Doc. 70-7836; Filed, June 19, 1970; memoranda, or other records deemed 8:45 a.m.] ALLOCATIONS TO MARKETERS OF relevant and material to the inquiry, and NO. 2 FUEL OIL; DISTRICT 1 to perform all other duties in connection therewith as prescribed by law. These Notice of Proposed Rule Making officers, or either of them, will preside DEPARTMENT OF THE INTERIOR There is set forth below, in the form of at hearings provided for in paragraph 7, a section of Oil Import Regulation 1, a supra, unless otherwise provided by Com Bureau of Land Management proposal for the making of allocations of mission order. However, nothing in para [ 43 CFR Part 5430 ] imports of No. 2 fuel oil to marketers of graph 7, supra, shall limit the investiga No. 2 fuel oil in District I subject to the tory power delegated in this paragraph TIMBER SALE concurrence by the Director of the Office 11 or require that all depositions or of Emergency Preparedness. Interested other information obtained by subpoena Newspaper Advertisement persons are invited to submit written duces tecum be publicly conducted or The purpose of this amendment is to comments upon the proposal to the Ad filed as a submittal in this docket. See ministrator, Oil Import Administration, 15 U.S.C. 717g. Any report to the Com-, simplify the newspaper advertisement of timber to be auctioned by the Bureau Department of the Interior, Washington, mission made by an officer prior to the D.C. 20240, within a period of 30 days Commission’s decision in this rulemak of Land Management. The Bureau of Land Management ad from the date of publication of the notice ing will be filed as a submittal pursuant in the F ederal R egister. Each person to paragraph 10, supra. vertises for public auction between 450- 500 timber sales each year. Prospective who submits comments is asked to pro 12. Statement on new applications for vide 10 copies. certificates for sale of Permian Basin purchasers receive detailed sale bro J . J . S immons HI,' area natural gas. Effective on the date chures on each tract of timber to be offered. Bids are determined from on- Administrator, of this order the Commission will accept Oil Import Administration. for consideration applications by inde the-ground inspections, information pendent producers requesting issuance contained in sale brochures and presale J une 18, 1970. of a certificate of public convenience and reviews of the proposed timber sale con tracts. The need no longer exists for Sec. _ _ Allocations to marketers of No. 2 necessity for sales of natural gas from fuel oil— District I. the Permian Basin area notwithstand lengthy newspaper legal notices contain ing that the stated rate may be in excess ing bidding procedures, timber recovery (a) For the purpose of this section, of the applicable Permian Basin area tabulations and appraisal data, since “No. 2 fuel oil” means an oil which is ra^es established in Opinions Nos. such information is now mailed to each manufactured from crude oil and which 468 and 468-A (34 FPC 159 and 1068). prospective bidder in advance of the sale. has the following physical and chemical Applications requesting issuance of cer- This amendment will reduce the num characteristics: «¡jncates of public convenience and neces- ber of mandatory items to be included Closed Cup Flash point, ®ty authorized herein shall be processed in a legal newspaper notice. degrees Fahrenheit_____ Minimum 100. in accordance with the procedural re It is the policy of the Department of Pour point, degree Fahren finements, including those relating to the Interior, whenever practicable, to heit ______Maximum 20. notice, intervention and hearing, set out afford the public an opportunity to par Water and sediment, per J7 Par^ 157 of the Commission’s regula ticipate in the rule making process. Ac cent ------Maximum 0.10. cordingly, interested parties may submit Carbon residue on 10 per tions under the Natural Gas Act. cent residuum percent_ Maximum 0.35. Applicants shall state the grounds for written comments, suggestions, or objec Distillation temperature, aumng that the present or future public tions with respect to the proposed rules Fahrenheit 90 percent RHQ«emence ant* necessity requires is- to the Director (210), Bureau of Land point ------Maximum 640. nAcni?e.°l a certificate on the terms pro Management, Washington, D.C. 20240, Minimum 540. posed m the application, within 30 days of the.publication of this Viscosity, Saybolt Univer sal seconds at 100° F ___ Maximum 37.93. in 5 ^ . *° ^he authority contained notice in the F ederal R egister. Section 5430.1 is amended to read as Minimum 32.6. fpJSi the jurisdiction con- Gravity degrees A.P.I____ Minimum 30.0. «annu Upon.the Federal Power Commis- follows: Rnc a sections 7 and 15 of the Natural § 5430.1 Requirements. (b) For the period July 1, 1970, nrn/>« ' an<* Commission’s rules of through December 31, 1970, 40,000 B/D hpirt w and Procedure, a hearing will be The advertisement of sale shall state of imports of No. 2 fuel oil are available the location by county, section, town for allocation in District I to eligible per thpr the Commission without fur- ship, range, meridian, of the tract or cat^ « c^.on a11 applications for certifl- sons having qualified terminal inputs of onnnci? w^lcl1 no petition to intervene in No. 2 fuel oil in this district. 1 Chairman Nassikas, while out of the H 1“ “ Med within the time re- country when these notices were issued, par (c) (1) Except as provided in sub view nf e Commission on its own re- ticipated in earlier deliberations concerning paragraph (2) of this paragraph, a of a n?a^ er believes that a grant their contents and concurred in their is person shall be eligible for an alloca ertlflcate is required by the public suance. tion of imports into District I of No. 2

No. 120------3 FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 10154 PROPOSED RULE MAKING the oil at the time it was delivered to Central America, South America, and fuel oil under paragraph (e) of this the West Indies), and shall be sold for section: the terminal and only if that delivery (i) If he is in the business in District was the first delivery of that oil into a use as fuel in District I. I of selling No. ° fuel oil and has under deep water terminal in District I; and (h) As used in this section, “deep his management and operational con (2) if the person has delivered at least water terminal” means a permanent trol a deep water terminal located in 100,000 barrels of No. 2 fuel oil into the land installation which (1) consists of District I into which there has been terminal under the agreement during the hulk storage tanks having not less than delivered No. 2 fuel oil which he owned 12-month period ending March 31, 140,000 barrels of operational capacity, at the time of delivery, such delivery 1970. Any transaction between persons pumps, and pipelines used for the stor being the first delivery of that oil into involving sales, purchases, or exchanges age, transfer and handling of No. 2 fuel a deep water terminal in District I; or of No. 2 fuel oil which were designed to oil, and (2) is adjacent to waterways (ii) if he is in the business in Dis gain allocation benefits to otherwise that permit the safe passage to the in stallation of a tanker rated 16,500 cargo trict I of selling No. 2 fuel oil and has ineligible persons shall not be deemed a throughput agreement (warehouse a qualifying throughput agreement. dead weight tons, drawing not less than (2) No person who has an allocation 30 feet of water, and moored in the agreement) with a deep water termi berth. Cargo dead weight tons represent nal operator in District I who does not of imports into Districts I-IV of crude have a crude oil import allocation in oil under section 9,. 10, or 25 of this the carrying capacity of a tanker in tons Districts I-IV under which agreement regulation shall be eligible for an allo of 2,240 pounds, less the weight of fuel, the person has delivered to the termi cation under paragraph (e) of this water, stores, and other items necessary nal No. 2 fuel oil which he owned section. for use on a voyage. (d) A person seeking an allocation [F.R. Doc. 70-7850; Filed, June 18, 1970; when it was so delivered, such delivery under paragraph (e) of this section must being the first delivery of that oil into 12:15 p.m.] a deep water terminal in District I. file an application with the Administra For the purposes of this section, tor no later than 10 days after the pro mulgation of the regulation. The appli “throughout agreement” means an agreement which provides for the de cation shall disclose in detail such DEPARTMENT OF AGRICULTURE information as the Administrator may livery to a deep water terminal by a Consumer and Marketing Service person of No. 2 fuel oil which he owns require. and for a-right in such person to with (e) (1) Except as provided in subpara [ 7 CFR Parts 1032, 1050 3 graph (2) of the paragraph, each appli draw on call an identical quantity of [Dockets Nos. AO—355—A8, AO—313—A19] such oil from the terminal. A qualify cant eligible under this section shall re ing throughput agreement will be ceive an allocation of imports of No. 2 MILK IN CENTRAL ILLINOIS AND deemed to exist only (1) if the person fuel oil into District I computed accord SOUTHERN ILLINOIS MARKETING ing to the following formula: operating under the agreement owned AREAS 40,000 Avg B/D of No.s Applicant’s qualified terminal inputs Avg B/D Notice of Partial Recommended Deci X 2 fuel oil Avg B/D of all qualified terminal inputs (Apr. 1, 1969-Mar. 31,1970) sion and Opportunity To File Writ (2) If an applicant eligible under this the eligible applicant had a throughput ten Exceptions on Proposed section has an allocation under section 13 agreement, if he owned the oil when it Amendments to Tentative Market of this regulation of imports into Districts was placed in the terminal and if the ing Agreements and to Orders I-IV of finished products, the allocation delivery constituted the first delivery of computed under subparagraph (1) of this that oil to a deep water terminal in Notice is hereby given of the filing with paragraph shall be reduced by the District I. the Hearing Clerk of this partial recom amount of the allocation of imports of (4) An eligible applicant may count as mended decision with respect to pro finished products. The Administrator qualified terminal inputs a quantity of posed amendments to the tentative shall allocate the quantity of imports re No. 2 fuel oil which the applicant (i) marketing agreements and orders regu sulting from reductions under this sub- owned and (ii) sold to a person who was lating the handling of milk in the Cen paragraph (2) according to the following not in the business of selling No. 2 fuel tral Illinois and Southern Illinois formula: oil, and (iii) delivered to a deep water marketing areas. terminal in District I under the manage Interested parties may file written ex Total reductions Applicant’s ment and operational control of the ceptions to this decision with the Hearing Total of Actual Allocations Allocation buyer, if such delivery constituted the Clerk, U.S. Department of Agriculture, (f) (1) Only those inputs of No. 2 fuel first delivery of that oil to a deep water Washington, D.C. 20250, by the 5th day oil which were made as provided in this terminal in District I. after publication of this decision m the paragraph (f) are qualified terminal in (5) An eligible applicant may count as F ederal R egister. The exceptions should puts for the purposes of allocations under qualified terminal inputs a quantity of be filed in quadruplicate. All _ written paragraph (e) of this section. The termi No. 2 fuel oil which the applicant (i) submissions made pursuant to this nal input is designed to measure an eli owned, (ii) sold to a Federal agency, or tice will be made available foff P gible person’s bona fide business done to an agency of a State or a political sub inspection at the office of the Hear mg through deep water terminal facilities. division of a State, and (iii) delivered to a Clerk during regular busmess h Any inputs resulting from sales, pur deep water terminal in District I for the (7 CFR 1.27(b)). . chases, or exchanges which were made for account of such agency, if such delivery The above notice of filing of the deci the purpose of increasing the terminal constituted the first delivery of that oil sion and opportunity to ^ e.exif ? or0. input base disproportionately to bona fide to a deep water terminal in District I. thereto are issued pursuant to the P business sales shall not constitute quali (6) For the purposes of this para visions of the Agricultural Marketing fied terminal inputs. graph (f), delivery of No. 2 fuel oil pro Agreement Act of 1937 as amended (2) In order to constitute a qualified duced in a refinery and placed in storage (7 U.S.C. 601 et seq.), and the applica terminal input, a delivery of No. 2 fuel at that refinery shall not be deemed to rules of practice and procedure g ing the formulation of marketing a g _ oil into a deep water terminal must have be a delivery to a deep water terminal. been made during the period of 12 months (g) No. allocation made pursuant to ments and marketing orders ( ending March 31,1970. this section may be sold, assigned, or Part 900). (3) An eligible applicant may count as otherwise transferred. All No. 2 fuel oil P reliminary S tatement which is imported under an allocation qualified terminal inputs a quantity of The hearing on the record ofwhich No. 2 fuel oil which was delivered into a made pursuant to this section must be the proposed amendments, as ne manufactured in the Western Hemi deep water terminal in District I under after set forth, to the tentative m a ^ sphere from crude oil produced in the his management and operational control ing agreements and to the o or into a deep water terminal with which Western Hemisphere (North America,

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 PROPOSED RULE MAKING 10155 amended, were formulated, was con 1968. May, June, and July are the 3 checking utilization at distant nonpool ducted at Peoria, HI., May 13, 1970, pur months of the year when the proportions plants is feasible through the facilities suant to notices thereof which were of producer milk that must be utilized in of neighboring market administrators’ issued April 8, 1970 (35 F.R. 6009), April Class II outlets are the greatest. offices. 23,1970 (35 F.R. 6712), and April 30,1970 For the reasons set forth above, it is Accordingly, the order should be (35 FR . 7082) . appropriate to include the month of amended to remove the automatic Class This decision deals only with the issues July along with May and June as a I classification of fluid milk products relating to the handling of milk in the month of unlimited diversions of pro transferred or diverted to nonpool plants Southern Illinois marketing area. All ducer milk to nonpool plants that are not located more than 500 miles from other issues are reserved for later other order plants. Vandalia, HI. decision. In the briefs filed by several coopera 2. Location adjustments. The provi The material issues on the record of tive associations, unlimited diversions sions which establish a location adjust the hearing relating to the Southern were requested also for the months of ment on Class I milk received at plants Illinois marketing area concern: August and December. No testimony was located outside the marketing area, and 1. Diversions of producer milk; and presented at the hearing which would to the uniform price for milk received at 2. Location adjustments. support this request. The record evi such plants, should be revised. The Class F indings and Conclusions dence does not indicate that the same I and uniform prices should be reduced 7 -situation exists in these two months as cents for milk received at a plant that The following findings and conclusions was described previously, with respect is located in the Indiana counties of on the material issues are based on evi to May, June, and July. The proportions Fountain, Parke, Vermillion, and War dence presented at the hearing and the of milk utilized as Class II milk in Au ren. No change would be made with re record thereof: gust and December are significantly spect to the proviso that milk received at L Diversions of producer milk. The lower than in May-July. In fact, during a plant located outside the marketing provision relating to the diversion of August and December the Class II utili area but in the State of Illinois south of producer milk should be revised to per zation percentages are as low or lower the northernmost boundaries of Adams mit diversions in the month of July on than the yearly average. Thus, the and Schuyler Counties, HI., shall be sub the same basis as now provided for May months of unlimited diversions should ject to the prices applicable in the north and June. not be extended to include August and ern zone. Presently, the order permits unlimited December and the request is denied. Presently, the order provides for 15- diversions of producer milk to nonpool An alternative provision to allow di cent location adjustment on milk re plants that are not other order plants versions of producer milk during the ceived at plants located 100 miles or only during the months of May and June. months of August through April on a more from the nearest of the three bas During each of the other months, diver percentage basis was suggested at the ing points, plus an additional 1.5 cents sions to such plants are limited to 8 days. hearing. However, proponents did not for each 10 miles or fraction thereof Diversions between pool plants and to offer any specific examples to demon that such distance exceeds 110 miles. other order plants are allowed each strate the need for this type of provision Also, there are three pricing zones estab month for not more days of production in the Southern Illinois order. Accord lished under the Southern Hlinois order. of a producer than they are physically ingly, the suggestion is denied at this The announced Class I and producer received at the pool plant from which time. blend prices apply to milk received at diverted. Another change in the provisions re pool plants located in the base zone. Three cooperative associations pro lating to transfers and diversions was The southern zone Class I and producer posed that the month of July be added proposed by cooperatives. Presently, the blend prices are 7 cents higher than to the months of unlimited diversions to order provides for automatic Class I clas prices in the base zone, while the north nonpool plants that are not other order sification of fluid milk products trans ern zone Class I ahd producer blend Plants. They testified that it has been ferred or diverted to nonpool plants lo prices are 7 cents lower than prices in necessary each year since the Southern cated more than 500 miles from the city the base zone. Illinois order was promulgated on Jan hall of Vandalia, HI. Although this pro Producer milk has been diverted in the uary l, 1967, to suspend the 8-day limit vision has not interfered with the di past from a pool plant located in the for the month of July. There was no version of producer milk to nonpool northern zone to a manufacturing plant opposition to this proposal. plants, it could affect the orderly dispo located outside the marketing area but The provisions for diversion of pro sition of reserve milk supplies in the in a eounty adjacent to the northern ducer milk should be related to the re- future, especially in view of the substan zone. Such milk was subject to the base s®r7® needs of the market. Nearly 1,000 tial number of producers delivering to zone blend price because the receiving or the 2,429 producers delivering to pool the market who are located in the States plant is within 100 miles of the nearest Plants regulated under the Southern of Iowa, Minnesota, and Wisconsin. of the three basing points described in order in December 1969 live in Milk must be classified and priced on the order, all three of which are located the States of Iowa, Minnesota, and Wis- the basis of the form in which, or the in the base zone. The diverted milk = \ When milk is not needed at pool purpose for which, used or disposed of by therefore was priced at the 7-cent higher plants from these distant producers, it is handlers. Originally, it was considered base zone price even though the receiv ^ e f f ic ie n t to divert their milk to economically feasible to move milk be ing plant was located in an area ad farrn aCÛI**ng pân^s ôcaê

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 10156 PROPOSED RULE MAKING change in the diversion rules arises be will be applicable only to persons in the from the nearer of the city or village cause the present location adjustment respective classes of industrial and com limits of Alton, Robinson, or Vandalia, as it applies in the particular area to mercial activity specified in, a market 111., plus an additional 1.5 cents for each which this milk has been diverted is no ing agreement upon which a hearing has 10 miles or fraction thereof that such longer appropriate. been held. distance exceeds 110 miles: Provided, Class I and producer blend prices at That the Class I price at a plant outside R ecommended Marketing Agreement the marketing area and in the State of plants located just outside the northern and Order Amending the Order zone should be at the same level as at Illinois south of the northernmost plants located within such zone rather The recommended marketing agree boundaries of the Illinois counties of than 7 cents higher. There is insufficient ment is not included in this decision be Adams and Schuyler and at a plant in distance involved to warrant different cause the regulatory provisions thereof the Indiana counties of Fountain, Parke, prices between such locations. The pres would be the same as those contained in Vermillion, and Warren shall be the ent price relationship can be corrected the order, as hereby proposed to be Class I price applicable at a pool plant by revising the location adjustment pro amended. The following order amending located in the northern zone; and visions to include the territory in the order, as amended, regulating the * * * * * Fountain, Parke, Vermillion, and War handling of milk in the Southern Illinois 4. In § 1032.82 paragraph (a) is re ren Counties, Ind., in the same location marketing area is recommended as the vised as follows: price adjustment zone as now applies in detailed and appropriate means by which* the northern zone. This change will the foregoing conclusions may be carried § 1032.82 Location differentials to pro complement the present provision which out: ducers and on nonpool milk. establishes the same price as the north 1. In § 1032.14(b) subparagraph (2) is (a) The uniform price for producer ern zone price in the Illinois counties revised as follows: milk, received at a pool plant located out that are just west of the northern zone. § 1032.14 Producer milk. side the marketing area, shall be reduced Accordingly, the order should be so * * * * * according to the location of the pool plant amended. at the rates set forth in § 1032.53: Pro (b) * * * vided, That the uniform price at a plant R ulings on P roposed F indings and (2) Milk of a producer diverted from outside the marketing area and in the Conclusions a pool plant to a nonpool plant(s) at State of Illinois south of the northern Briefs and proposed findings and con which the handling of milk is not fully most boundaries of the Illinois counties clusions were filed on behalf of certain subject to the pricing and pooling provi of Adams and Schuyler and at a plant in interested parties. These briefs, pro sions of another order issued pursuant to the Indiana counties of Fountain, Parke, posed findings and conclusions and the the Act on any day during the months Vermillion, and Warren shall be the uni evidence in the record were considered of May, June, and July and in any other form price applicable at a pool plant in making the findings and conclusions month for not more than 8 days of located in the northern zone; set forth above. To the extent that the production of producer milk by such * * * * * suggested findings and conclusions filed producer; Signed at Washington, D.C., on by interested parties are inconsistent * * . * * * with the findings and conclusions set June 17, 1970. 2. In § 1032.43 paragraph (d) is de G. R. Grange, forth herein, the requests to make such leted and the introductory text of para findings or reach such conclusions are Acting Deputy Administrator, graph (e) preceding paragraph (1) is Regulatory Programs. denied for the reasons previously stated revised as follows : in this decision. [F.R. Doc. 70-7830; Filed, June 19, 1970; § 1032.43 Transfers and diversions. 8:49 a.m.] G eneral F indings The findings and determinations here (d) [Reserved] inafter set forth are supplementary in (e) As Class I milk, if transferred or addition to the findings and determina diverted in bulk to a nonpool plant that DEPARTMENT OF tions previously made in connection with is neither an other order plant nor a the issuance of each of the aforesaid producer handler plant unless the re TRANSPORTATION orders and of the previously issued quirements of subparagraphs (1) and Federal Aviation Administration amendments thereto ; and all of said (2) of this paragraph are met, in which , previous findings and determinations are case the skim milk and butterfat so [ 14 CFR Part 71 1 hereby ratified and affirmed; except inso transferred or diverted shall be classified [Airspace Docket No. 70-WE-45] far as such findings and determinations in accordance with the assignment re may be in conflict with the findings and sulting from subparagraph (3) of this CONTROL ZONE AND TRANSITION determinations set forth herein. paragraph, except that cream so trans AREA (a) The tentative marketing agree ferred may be classified as Class II, if ment and the order, as hereby proposed the handler claims Class II use and es Proposed Alteration to be amended, and all of the terms and tablishes that such cream was trans conditions thereof, will tend to effectuate The Federal Aviation Administration ferred to a nonpool plant without Grade is considering an amendment to Part the declared policy of the Act; A certification and that each container (b) The parity prices of milk as deter 71. of the Federal Aviation Regulations was labeled or tagged to indicate that that would alter the description ol mined pursuant to section 2 of the Act the contents were for manufacturing use are not reasonable in view of the price Sheridan, Wyo., control zone and transi- and that the shipment was so invoiced: on area. . , of feeds, available supplies of feeds, and * * * * * other economic conditions which affect Interested persons may participate m market supply and demand for milk in 3. In § 1032.53 paragraph (a) is re re proposed rulemaking by submitting vised as follows: ich written data, views, or arguments the marketing area, and the minimum s they may desire. Communications prices specified in the proposed market § 1032.53 Location adjustment to ing agreement and the order, as hereby lould be submitted in triplicate to tne handlers. hief, Airspace and Program Standaras proposed to be amended, are such prices iranch, Federal Aviation Administra- as will reflect the aforesaid factors, in (a) For producer milk and other source milk which is classified as Class I on, 5651 West Manchester Avenue, Post sure a sufficient quantity of pure and »fflce Box 92007, Worldway Postal cen- wholesome milk, and be in the public at a plant located outside the market jr, Los Angeles, Calif. 90009. All com- interest; and ing area, the price specified in § 1032.51 (c) The tentative marketing agree (a) (1) for the base zone shall be reduced lunications received within 30 fter publication of this notice m ment and the order, as hereby proposed 15 cents if such plant is 100 or more miles by the shortest highway distance, as de 'ederal R egister will be considered D* to be amended, will regulate the hand ore action is taken on the propo ling of milk in the same manner as, and termined by the market administrator

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20r 1970 PROPOSED RULE MAKING 10157

amendment. No public hearing is con the Federal Aviation Regulations that Springs VORTAC 307° radial on the east templated at this time, but arrangements would alter the description of the Colo by longitude 104°52'00" W., on the south for informal conferences with Federal rado Springs, Colo., transition area. by latitude 38°55'00" N., and on the west Aviation Administration officials may be Interested persons may participate in by longitude 105°20'00" W.” made by contacting the Regional Air the proposed rulemaking by submitting This amendment is proposed under the Traffic Division Chief. Any data, views, such written data, views, or arguments authority of section 307(a) of the Fed or arguments presented during such con as they may desire. Communications eral Aviation Act of 1958, as amended ferences must also be submitted in writ should be submitted in triplicate to the (49 U.S.C. 1348(a)), and of section 6(c) ing in accordance with this notice in or Chief, Airspace and Program Standards of the Department of Transportation Act der to become part of the record for con Branch, Federal Aviation Administra (49 U.S.C. 1655(c)). sideration. The proposal contained in tion, 5651 West Manchester Avenue, Post this notice may be changed in the light of Office Box 92007, Worldway Postal Cen Issued in Los Angeles, Calif., on comments received. ter,. Los Angeles, Calif. 90009. All com June 10, 1970. A public docket will be available for munications received within 30 days after L ee E. W arren, examination by interested persons in the publication of this notice in the F ederal Acting Director, Western Region. office of the Regional Counsel, Federal R egister will be considered before action [F.R. Doc. 70-7796; Filed; June 19, 1970; Aviation Administration, 5651 West is taken on the proposed amendment. No 8:46 a.m.] Manchester Avenue, Los Angeles, Calif. public hearing is contemplated at this 90045. time, but arrangements for informal con The instrument approach and depar ferences with Federal Aviation Adminis [ 14 CFR Part 71 3 ture procedures have been reviewed in tration officials may be made by contact [Airspace Docket No. 70-SW-38] accordance with U.S. Standard for Ter ing the Regional Air Traffic Division minal Instrument Procedures (TERPS). Chief. Any data, views, or arguments TRANSITION AREAS The proposed amendments are required presented during such conferences must Proposed Designation, Alteration, and to provide controlled airspace protection also be submitted in writing in accord for prescribed instrument procedures. ance with this notice in order to become Revocation In consideration of the foregoing, the part of the record for consideration. The The Federal Aviation Administration FAA proposes the following airspace proposal contained in this notice may be is considering amending Part 71 of the actions. changed in the light of comments Federal Aviation Regulations to rede In § 71.171 (35 F.R. 2054) the descrip received. scribe, alter, revoke, and designate con tion of the Sheridan, Wyo., control zone A public docket will be available for trolled airspace within the State of New area is amended to read as follows: examination by interested persons in the Mexico by designating the New Mexico Sheridan, Wyo. office of the Regional Counsel, Federal transition area. Aviation Administration, 5651 West Interested persons may submit such Within a 5-mile radius of the Sheridan Manchester Avenue, Los Angeles, Calif. County Airport (latitude 44°46'25" N., longi 90045. written data, views, or arguments as they tude 106 “58'15" W.); within 4 miles each may desire. Communications should be side of the Sheridan VORTAC 312° and 327° A review of the controlled airspace re submitted in triplicate to the Chief, Air radials, extending from the 5-mile radius quirements for Colorado Springs, Colo., Traffic Division, Southwest Region, Fed zone to 11.5 miles northwest of the VORTAC, has indicated a need for redesignation eral Aviation Administration, Post Office and within 3.5 miles each side of the Sheri of the airspace in the Canon City, Box 1689, Fort Worth, Tex. 76101. All dan VORTAC, 139° radial extending from Colo. area. That airspace currently the VORTAC to 23 miles southeast of the communications received within 30 days VORTAC. floored at 10,700 is proposed to be after publication of this notice in the amended to a floor of 1,200 feet above F ederal R egister will be considered be In § 71.181 (35 F.R. 2134) the descrip the surface. The portion in the vicinity fore action is taken on the proposed tion of the Sheridan, Wyo., transition of Canon City is proposed to be floored amendment. No public hearing is con area is amended to read as follows: at 11,700 feet MSL. These alterations are templated at this time, but arrangements necessary to provide maximum radar Sheridan, W yo. .for informal conferences with Federal capability and vectoring at the lowest That airspace extending upward from 70' Aviation Administration officials may be available altitudes in the Canon City made by contacting the Chief, Air Traffic ieet above the surface within a 7-mile radiu area for arriving/departing aircraft in AdJc»LSherldan County Airport (latitude Division. Any data, views, or arguments 4b 25 N„ longitude 106°58'15" W .); tha the Colorado Springs terminal area., presented during such conferences must airspace extending upward from 1,200 fee In consideration of the foregoing, FAA also be submitted in writing in accord »^Ve,«he surface within 7 miles southwes proposes the following airspace action. ance with this notice in order to become mlles northeast of the Sheridai In § 71.181 (35 F.R. 2134) the descrip part of the record for consideration. The 138° and 318° radials, extending tion of the Colorado Springs, Colo., “ 7 18 5 “nies northwest to 34 miles south proposal contained in this notice may east of the VORTAC. transition area is amended as follows: be changed in the light of comments In the 10th line delete all after “* * * received. These amendments are proposed undei 307° radial;” and substitute therefor The official docket will be available for me authority of section 307(a) of the “that airspace southwest of Colorado examination by interested persons at the mo tS £ viation Act of 1958, as amendée Springs bounded on the north by a lino Office of the Regional Counsel, South 1^48(a)), and of section 6(c) beginning at latitude 38°35'00" N. longi west Region, Federal Aviation Adminis tude 105°10'00" W. to latitude 38°40'00" tration, Fort Worth, Tex. An informal Act (4 9 iS 6 5 e5n(c))! TransportatioE N., longitude 104°52'00" W., on the east docket will also be available for examina by longitude 104°52'00" W., on the south tion at the Office of the Chief, Air Traffic •ta5a$ m 0. n * Angeles- CaUf- 011 by the north edge of V-244 and on the Division. west by longitude 105°10'00" W.; that . . . L ee E. Warren, There are many areas of uncontrolled Acting Director, Western Region. airspace southwest and northwest of airspace, ranging from very small to Colorado Springs extending upwards large, and several segments of controlled [F.R. Doc. 70-7795; Piled, June 19, 1970; from 11,700 feet MSL bounded on the 8:46 a.m.] airspace with floors higher than 1,200 north by a line beginning at latitude 38°- feet above the surface within the State [ 14 CFR Part 71 3 30'00" N., longitude 105°27'00" W., to of New Mexico. These areas are sur latitude 38°35'00" N., longitude 105° 10'- rounded by or they are adjacent to either [Airspace Docket No. 70-WE-46] 00" W.; on the east by longitude 105°10'- Federal airways or transition areas with 00" W., on the south by the north edge t r a n s it io n a r e a floors of 1,200 feet above the surface. of V-244 and on the west by longitude Because of the increasing traffic volume Proposed Alteration 105°27'00" W. and that airspace bounded and the demand for air traffic control on the north by latitude 39°05'00" N., services, there is a need to include many eral Aviation Administration is on the northeast by a line 5 miles south of these areas within the proposed New sidering an amendment to Part 71 of west of and parallel to the Colorado Mexico transition area. More efficient

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 10158 PROPOSED RULE MAKING on the Arizona/New Mexico State line at transition area which would encompass air traffic services, including radar in lat. 34°18'00" N., thence to the south bound some areas, could be provided without the remainder of the 1,200-foot portions ary of V—264 at long. 108°54'00" W., thence of these transition areas; therefore, the the restrictions imposed by small irregu along the south boundary of V-264 to and lar areas of uncontrolled airspace which 1,200-foot portions would be revoked if south along long. 107o00'00" W. to and along the Texas proposal is adopted: cannot be easily discerned on essential the northwest boundary of V-19 to lat. aeronautical charts. Inclusion of these 33°35’00" N., to lat. 33°35'00" N., long. Carlsbad, N. Mex. Lubbock, Tex. areas within the proposed New Mexico 107°20'00" W., to the northwest boundary Clovis, N. Mex. Midland, Tex. transition area would, in fact, lessen of V—202 at long. 107°25'00" W., thence along Hobbs, N. Mex. Wink, Tex. the northwest boundary of V-202 to lat. the burden on the public and it would 32°59'00" N., to lat. 32°35'00" N., long. 5. Amend the following transition incur no apparent derogation to VFR 108°37'00" W., to the Arizona/New Mexico areas as indicated: operations. State line at lat. 32°25'00" N., thence along Deming, N. Mex. The 1,200- and 8,500- To simplify airspace descriptions, pro the State line to point of beginning, ex foot portions would be revoked. vide continuity of the floors of con cluding that airspace south of V-66, and ex El Paso, Tex. The 1,200- and 2,000-foot trolled airspace, and to improve chart cluding that airspace below 11,500 feet MSL portions would be amended to exclude legibility, the following airspace actions bounded by a line beginning at lat. 33° 43'30" the portions within the State of New N„ long. 105°09'00" W., thence to lat. 33°17'- are proposed: 10" N., long. 105°09'00" W., to lat. 33°10'20" Mexico. The Texas proposal would en 1. Designate the New Mexico transiN., long. 105°38'00" W., thence counter compass the remainder of the 1,200- and tion area as follows: clockwise along the arc of a 35-mile radius 2,000-foot portions; therefore, these por New Mexico circle centered at lat. 32°51'04" N., long. tions would be revoked if the Texas pro 106°06'05" W., to and along long. 106°04'00" posal is adopted. That airspace extending upward from W., to and along the south boundary of V-264 Gallup, N. Mex. and San Simon, Ariz. 1,200 feet above the surface within the to long. 105°50'30" W., thence to point of The 1,200-foot portions would be boundary of the State of New Mexico, ex beginning. cluding that airspace north of a line be amended to exclude the portions within ginning on the . Arizona/New Mexico State 2. The following transition areas wouldthe State of New Mexico. line at la*. 35°31'00" N., thence to lat. be revoked: St. Johns, Ariz., and Zuni, N. Mex. 35°52'00'' N., long. 108°47'00" W., to lat. Columbus, N. Mex. Otto, N. Mex. These transition areas would be amended 35°47'30" N., long. 108°34'00" W., thence Corona, N. Mex. to exclude the portions within the State along long. 108°34'00" W., to and along the of New Mexico. north boundary of V—29 IN to and clockwise 3. The 1,200-foot portions of the fol This amendment is proposed under the along the arc of a 46-mile radius circle cen lowing transition areas would be revoked: tered at the Albuquerque VORTAC to lat. authority of section 307(a) of the Fed 35°37'35" N., long. 106°24'48" W., to lat. Alamogordo, N. Mex. Silver City, N. Mex. eral Aviation Act of 1958 (49 U.S.C. 35°47'00'' N., long. 106°15'00'' W., to lat. Albuquerque, N. Mex. Truth or Conse^ 1348) and of section 6(c) of the De 35°47'00" N., long. 105°50'00" W., thence Las Vagas, N. Mex. quences, N. Mex. partment of Transportation Act (49 Tucumcari, N. Mex. along long. 105°50'00'' W., to and along the Roswell, N. Mex. U.S.C.1655(c)). Santa Fe, N. Mex. . north boundary of V-19 to long. 105°16'30" Issued in Fort Worth, Tex., on June 11, W., to lat. 36°00'00” N., long. 105°07'00" W., 4. The 1,200-foot portions of the fol thence along lat. 36°00'00" N., to and along 1970. the north boundary of V-190 to the New lowing transition areas would be A. L. Coulter, Mexico/Texas State line, excluding Rr-5101, amended to exclude the portions within Acting Director, Southwest Region. R-5107B, R-5107C arid the portion of R - the State of New Mexico. There is a [F.R. Doc. 70-7797; Filed, June 19, 1970; 5107A north of lat. 32°18'00" N., excluding 8:46 a.m.] that airspace bounded by a line beginning separate proposal to designate a Texas

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 10159 Notices

Shelf Office, Bureau of Land Manage strued as, acceptance of any bid on be DEPARTMENT OF THE INTERIOR ment, T-9003 Federal Office Building, 701 half of the United States. The leases will Loyola Avenue, New Orleans, La., or Post Bureau of Indian Affairs provide for a royalty rate of one-sixth, Office Box 53226, New Orleans, La. 70150, and a yearly rental or minimum royalty [Portland Area Office Redelegation Order 3, will be received until 9:30 am ., c.s.t„ on of $10 per acre or fraction thereof. The Amdt. 1] July 21, 1970, for the lease of oil and successful bidder will be required to pay AREA PROPERTY AND SUPPLY gas in certain areas of the Outer Con the remainder of the bid and the first tinental Shelf adjacent to the State of OFFICER year’s rental of $10 per acre or fraction Louisiana. Bids will be opened on that thereof and furnish an acceptable surety Redelegation of Buy Indian Act date at 10 am ., c.s.t., in the Claiborne bond as required in 43 CFR 3304.1 prior Authority Room, Sheraton Charles Hotel, 211 St. to the issuance of each lease. Charles Street, New Orleans, La., for the Bids will be considered on the basis May 26, 1970. group of tracts designated herein. The of the highest cash bonus offered for a Beginning ofF^iage 15813 of the F ed opening of bids is for the sole purpose tract. The United States reserves the eral R egister of October 14, 1969 (34 of publicly announcing and recording right and discretion to reject any and all F.R. 15813), was published Portland bids received, and no bids will be ac bids, regardless of the amount offered. Area Office Redelegation Order 3. This cepted or rejected at that time. Oil payment, overriding royalty, loga amendment adds a section delegating Bidders are notified that leases issued rithmic or sliding scale bids will not be Buy Indian Act authority to the Area pursuant to this notice will be on revised considered. No bid for less than a full Property and Supply Officer and, with Form 3380-1 (October 1969). Copies of tract, as listed below, will be considered. limitations, to the Acting Area Property the revised lease form are available A separate bid, in a separate envelope, and Supply Officer. from the above listed Manager or the must be submitted for each tract. The This notice is published in the exercise Manager, Eastern States Land Office, envelope should be endorsed “Sealed bid 7981 Eastern Avenue, Silver Spring, Md. for oil and gas lease, Louisiana (insert of the authority delegated by the Secre 20910. tary of the Interior to the Commissioner number of tract) not to be opened until of Indian Affairs by 230 DM 2 (32 F M. On July 21,1970, bids may be delivered 10 a.m., cs.t., July 21,1970”. 7 13938). in person to the Manager, New Orleans Official leasing maps in a set of 25, Part 3 of Portland Area Redelegation Outer Continental Shelf Office, Bureau which contains the maps for the areas Order 3 is amended to add the following of Land Management, only at the Clai in which the tracts being uffered for heading and section: borne Room in the Sheraton Charles lease may be located, can be purchased Hotel between 8:30 a.m., c.s.t., and 9:30 for $5 per set. The official leasing maps Functions R elating to B u y I ndian A ct a.m., c.s.t. Bids delivered by mail or in and copies of the Compliance Report Sec. 3.30 Buy Indian Act. The Area person after 9:30 a.m., c.s.t., on that date Certification (Form 1140-1, Nov. 1969) Property and Supply Officer is redele will be returned to the bidders unopened. may be obtained from the above listed gated all the authority of the Area Direc All bids must be submitted in accord Manager or the Manager, Eastern States tor under the Buy Indian Act (section ance with applicable regulations, par Land Office, 7981 Eastern Avenue, Silver 23 of the Act of June 25,1910, Public Law ticularly 43 CFR 3302.2, 3302.4, and Spring, Md. 20910. 313, 61st Cong., second session; 36 Stat. 3302.5. Each bidder must submit the Operations under leases which may be 861 as amended; 25 U.S.C. 47). In the certification required by 41 CFR 60-1.7 issued pursuant to this sale will be sub absence of both the Assistant Area Di (b) and Executive Order No. 11246 of ject to provisions for the protection of rector for Administration and the Area September 24,1965, on Form 1140-1, No fishing operations and aquatic values. Property and Supply Officer, the Acting vember 1969. Bidders are advised that all The tracts offered for bid are as Area Property and Supply Officer may leases granted pursuant to this notice follows: will include in their provisions a “Cer exercise the Buy Indian Act authority of L o u is ia n a the Area Property and Supply Officer. tification of Non-segregated Facilities”, and that, in submitting their bids, bid OFFICIAL LEASING MAP, LOUISIANA MAP NO. I Effective date. This delegation of au ders are deemed to have agreed to the (Approved June 8, 1954; Revised July 22, 1954; Apr. 28. thority is effective upon date of publi 1966) ’ inclusion of this certification in any lease cation in the F ederal R egister. West Cameron Area issued to them hereunder. Dale M. B aldwin, Bids may not be modified or with Tract No. Block Description Acreage Area Director. drawn unless written modifications or Approved: June 11,1970. withdrawals are received prior to the La. 2064 28 NJ4; NJ4NMSJ4 « •______2,039 end of the period fixed for the filing of La. 2065 132 NJig »...... 2,500 Harold D. Cox, La. 2066 181 EJ0«...... 2,500 Acting Commissioner bids. Bidders are warned against viola of Indian Affairs. tion of section 1860 of title 18 U.S.C. pro hibiting unlawful combination or intimi OFFICIAL LEASING MAP, LOUISIANA MAP NO. 2 IF.R. Doc. 70-7792; Filed, June 19, 1970; dation of bidders. Attention is directed (Approved June 8,1954; Revised Apr. 28, 1966) 8:46 a.m.] to the nondiscrimination clauses in East Cameron Area section 3(h) and 3 (i) of the lease agree ment, Form 3380-1 (October 1969). Bid La. 2067 33 N E k *-...... 1,250 Bureau of Land Management La. 2068 117 WJ4 *-...... 2,500 ders must submit with each bid one-fifth La. 2069 OUTER CONTINENTAL SHELF OFF of the amount bid, in cash or by cashier’s 118 N>ä»...... 2,500 LOUISIANA check, bank draft, certified check or money order, payable to the order of the OFFICIAL LEASING MAP, LOUISIANA MAP NO. 3 Oil and Gas Lease Sale (Approved June 8, 1954; Revised June 25, 1954; July Bureau of Land Management. 22, 1954; Apr. 28 1966) Pursuant to section 8 of the Outer Bidders are notified that any cash, Vermilion Area 4fi9 tioe£^ 1 Shelf Lands Act <6? s tat. checks, drafts, or money orders sub 43 y s -C. 1331 et seq.) and the regu- mitted with their bids may be deposited La. 2070 189 N J4-...... 2,500 in an unearned escrow account in the La. 2071 199 A ll*______. ... fi,non ^nn?S isSUed thereunder (43 CFR Part La. 2072 207 S E ^ ______3 7fi0 Treasury during the period their bids are 208 BÌ4______) sealed bids addressed to the Man- being considered, and that such deposit ager, New Orleans Outer Continental does not constitute, and shall not be con See footnotes at end of table.

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 10160 NOTICES

OFFICIAL LEASING MAP, LOUISIANA MAP NO. 3B OFFICIAL LEASING MAP, LOUISIANA MAP NO. 10 prolongations thereof) or anchorage (Approved Sept. 8,1959; Revised Apr. 28,1966) (Approved June 8, 1954; Revised July 22, 1954; Apr. 28, areas, or both, as designated by the Dis Vermilion Area—South Addition 1966) trict Engineer, New Orleans District, Main Pass Area Corps of Engineers, U.S. Army. For the La. 2073.. 267 NM--...... 2,500 location of these areas and for opera La. 2098 7 NMSWM; SM SM 3 *...... - 1.067.56 tional restrictions imposed by the La. 2099 . 96 SM *______2,497.275 OFFICIAL LEASING MAP, LOUISIANA MAP NO. 3A La. 2100 102 NM ...... 2,497.275 Agency, the District Engineer should be (Approved A.ug. 7,1959; Revised Apr. 28,1966) consulted. South Marsh Island Area 1 Portion in Zone 2 only, as that zone is defined in the Leases issued pursuant to this notice agreement between the United States, and the State of for lands which are on the date of their Louisiana, Oct. 12,1956. La. 2074.. 20 SM...... — - — 2, 500 2 Portion in Zone 3 only, as that zone is defined in the issuance, or are thereafter adjudicated agreement between the United States and the State of to be, subject to the exclusive jurisdic Louisiana, Oct. 12,1956. tion and control of the United States, OFFICIAL LEASING MAP, LOUISIANA MAP NO. 3C 2 That portion of the SMSM more than 3 geographical (Approved Sept. 8,1959; Revised Apr. 28,1966) miles seaward of the line described in paragraph 1 of the will be subject to all rules and regulations supplemental decree of the U.S. Supreme Court entered which the Secretary of the Interior is South Marsh Island Area—South Addition Dec. 13,1965 in United States v. Louisiana No. 9 Original (328 U.S. 288) and that portion of the NMSWM lying in authorized to prescribe and administer Zone 1 as that zone was defined in the agreement between under the Outer Continental Shelf Lands La. 2075.. 107 EM ...... - ...... 2,500 the United States and the State of Louisiana, dated La. 2076.. 114 NEM--...... -...... 1,250 Oct. 12, 1956, that is more, than 3 geographical miles Act (43 U.S.C. secs. 1331-1343) including seaward of the line described in paragraph 1 of said rules and regulations for the prevention supplemental decree. of waste and for conservation of the OFFICIAL LEASING -MAP, LOUISIANA MAP NO. 4 4 This tract is within the area of the Ship Shoal Block (Approved June 8,1954; Rev. July 22,1954; Apr. 28, 1966) 113 Unit agreement (No. 14-08-001-2931), approved by natural resources of the Outer Conti the Acting Director of the Geological Survey on June 6, nental Shelf. The protection of corre 1956. Ocean Drilling and Exploration Co. is the approved Eugene Island Area unit operator. The unit agreement prescribes the condi lative rights therein will be administered tions for joinder and may be.inspected in the offices pf • by the Secretary of the Interior in ac the U.S. Geological Survey, Washington, D.C., and cordance with such rules and regulations. La. 2077.. 229 SEM...... 1,250 Metairie, La. «This tract is within the area of the Vermilion Block In the'event a cooperative agreement 203 unit agreement (No. 14r-08-001-8804), approved by is concluded between the Secretary and OFFICIAL LEASING MAP, LOUISIANA MAP if o . 4A the Acting Director of the Geological Survey on Aug. 5, (Approved Sept. 8,1959; Revised Apr. 28,1966) 1966. Forest Oil Corp. is the approved unit operator. the Conservation Agency of the State of The unit agreement prescribes the conditions for joinder Louisiana with respect to enforcement Eugene Island Area—South Addition and may be inspected in the offices of the U.S. Geo logical Survey, Washington, D.C. and Metairie, La. of conservation laws, rules, and regula « Any lease issued for this tract will contain the follow tions pursuant to section 5 of the Act, La. 2078- 270 NM------...... 2,500 ing special provision: La. 2079— 287. SM, SMNM...... 3,750 “ No fixed structure may be erected within the leased the lessee will be given notice thereof by La. 2080- 307 WM------...... 2,500 area until the Director, Geological Survey, has found publication in the F ederal R egister. La. 2081- 314 NM-...... — ...... ___2,500 that the structure is necessary on a geologic and engineer It is suggested that bidders submit La. 2082— 315 NM-...... 2,500 ing basis for the proper development and production of the tract by the lessee.” their bids in the following form: This provision is being added to the lease for the OFFICIAL LEASING MAP, LOUISIANA MAP NO. 5 purpose of restricting the number of fixed structures. Manager, Bureau of Land Management, De partment of the Interior, Post Office Box (Approved June 8,1954; Revised'Apr. 28,1966; July 22, 1968) Some of the tracts offered for lease 53226, T—9003 Federal Office Building, New Orleans, La. 70150. Ship Shoal Area » may fall in fairway areas (including the Oil and Gas B id L a. 2083 13 SMSWM * - - ...... 625 L a. 2084 14 N M SW M 6...... 625 The following bid is submitted for an oil and gas lease on land of the Outer Continental L a. 2085 15 All ...... -...... 1,355 Shelf specified below: L a. 2086 16 SMSWM l *...... îi , 267.71 26 WMWM...... A rea______1______Official Leasing Map N o .------— L a. 2087 37 S M N E M 6-...... - ...... j 936 5 38 SMNWM ‘ ...... La. 2088 94 NMSEM; SMNEM*48— 998 Total L a. 2089 187 WM------—-.2,502.23 amount Amount Amount submitted L a. 2090 211 SEM ...... ]2 ,630. 705 Track No. bid per acre with bid 212 N EM — - ...... L a. 2091 225 NM...... — ...... - ...... -. 2,500

OFFICIAL LEASING MAP, LOUISIANA MAP NO. 6A (Approved Sept. 8,1959; Revised Apr. 28,1966) Ship Shoal Area—South Addition (Signature) (Please type signer’s name La. 2092 291 SWM-___ —— ...... L 250 under signature) N. O. Mise. N o.______percent OFFICIAL LEASING MAP, LOUISIANA MAP NO. 7 (Company) (Approved June 8,1954; Revised Apr. 28,1966) Grand Isle. Area (Address) I mportant La. 2093 78 SWM ...... U g™ 81 NWM...... r ,ow The bid must be accompanied by one-fifth of the total amount bid. This amount may be La. 2094 82 N E Ji K u S i l ...... 1 ,2 5 0 cash, money order, cashier’s check, certified check, or bank draft. A separate bid must be made for each tract. OFFICIAL LEASING MAP, LOUISIANA MAP NO. 8 J ohn O. Crow, (Approved June 8,1954; Revised Apr. 28, 1966) • • Acting Director, West Delta Area Bureau of Land Management, Approved: June 18,1970. La. 2096 36 EM 3 •...... -...... 1.769 La. 2097 80 NEMSWM; SEMNWM; 1.875 H arrison L oesch, SMNEM; NMSEM*. Assistant Secretary of the Interior. See footnotes at end of table. [F.R. Doc. 70-7838; Filed, June 19, 1970; 8:49 a.m.J

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 NOTICES 10161

scientific articles pursuant to section Bloomington, Ind. 47401. Article: Ultra- DEPARTMENT OF COMMERCE 6(c) of the Educational, Scientific, and microtome, Model OmU2. Manufacturer: Cultural Materials Importation Act of Business and Defense Services C. Reichert Optische Werke A.G., Aus 1966 (Public Law 89-651; 80 Stat. 897). tria. Intended use of article : The article Administration Interested persons may present their will be used on ciliate Protozoans, BATTELLE MEMORIAL INSTITUTE views with respect to the question of Opalina and Paramecium. The mecha whether an instrument or apparatus of nism that controls the direction of ciliary Notice of Decision on Application for equivalent scientific value for the pur beat will be investigated. The aim is to Duty-Free Entry of Scientific Article poses for which the article is intended test the theory that the orientation of to be used is being manufactured in the the central pair of fibrils determines the The following is a decision on an United States. Such comments must be direction of bending. Application re application for duty-free entry of a filed in triplicate with the Director, ceived by Commissioner of Customs: scientific article pursuant to section 6(c) Scientific Instrument Evaluation Divi May 6, 1970. of the Educational, Scientific, and Cul sion, Business and Defense Services Ad Docket No. 70-00677-33-46040. Appli tural Materials Importation Act of 1966 ministration, Washington, D.C. 20230, cant: University of Chicago, Operator (Public Law 89-651, 80 Stat. 897) and within 20 calendar days after date on of Argonne National Laboratory, 9700 the regulations issued thereunder as which this notice of application is pub South Cass Avenue, Argonne, 111. 60439. amended (34 F.R. 15787 et seq.). lished in the F ederal R egister. Article: Electron microscope, Model A copy of the record pertaining to this Amended regulations issued under Elmiskop 101. Manufacturer: Siemens decision is available for public review cited Act, as published in the October 14, A.G., West Germany. Intended mse of during ordinary business hours of the 1969, issue of the F ederal R egister, pre article: The article will be used in the Department of Commerce, at the Scien scribe the requirements applicable to Division of Biological and Medical Re tific Instrument Evaluation Division, comments. search for projects concerned with the Department of Commerce, Washington, A copy of each application is on file, D.C. ultrastructure of cells and cellular com and may be examined during ordinary ponents. Specific programs in fine struc Docket No. 70-00458-33-11700. Appli Commerce Department business hours ture are studies of intracellular organelle cant: Battelle-Northwest, Battelle Me at the Scientific Instrument Evaluation differentiation following induction; ef morial Institute, Pacific Northwest Division, Department of Commerce, fect of ionizing radiation on develop Laboratory, Post Office Box 999, Washington, D.C. Richland, Wash. 99352. Article: Ten ment; correlation of biochemical and each modified type Hamburg 2 smoking Docket No. 70-00619-33-28500. Appli morphological effects of radiation on postdiapausal development of grass machines, each machine containing one cant: New York University, Biology De each vacuum pump. Manufacturer: partment, 100 Washington Square East, hopper eggs; and electronmicroscopic Heinrich Borgwaldt, West Germany. New York, N.Y. 10003. Article: Micro examination of proteins. Application re electrophoresis apparatus. Manufac ceived by Commissioner of Customs: Intended use of article: The smoking May 6, 1970. machines will be used to simulate the turer: Rank Bros., United Kingdom. conditions under which smoke is inhaled Intended use of article: The article will Docket No. 70-00678-33-46500. Appli by human cigarette smokers. be used for research involving electro cant: University of Pittsburgh, Depart ment of Anatomy and Cell Biology, 863B Comments: No comments have been phoresis of whole, in tact cells in an received with respect to this application. electrophoretic tube of 2cc capacity. Ap Scaife Hall, Terrace and De Soto Streets, Pittsburgh, Pa. 15213. Article: Ultra Decision: Application approved. No in plication received by the Commissioner microtome, Model LKB 8800A. Manu strument or apparatus of equivalent of Customs: April 16, 1970. scientific value to the foreign article, for Docket No. 70-00620-33-46060. Appli facturer: LKB Produkter A.B., Sweden. such purposes as this article is intended cant: Kensington Hospital, 136 West Intended use of article: The article will to be used, is being manufactured in the Diamond Street, Philadelphia, Pa. 19122. be used in an investigation of the fine United States. Article: Otological operation microscope structure of tissues from patients with Reasons: The foreign article is pro and movable floor stand. Manufacturers Progressive Systemic Sclerosis (PSS). gramed to simulate human smoking Zeiss Optical Co., West Germany. In The tissue most accessible for biopsy patterns. We are advised by the Depart tended use of article: The article will be from these patients is the skin, which will ment of Health, Education, and Welfare used in a planned program of education be embedded in a relatively soft resin (HEW) in its memorandum dated in otology, in conjunction with training of epon in order to obtain the best blocks May 11, 1970, that the foregoing char of interns, residents, and nurses. Appli for sectioning. Application received by acteristic is pertinent to the applicant’s cation received by the Commissioner of Commissioner of Customs: May 6, 1970. ^search studies. HEW further advises Customs: April 16, 1970. Docket No. 70-00660-01-77040. Appli that it knows of no smoking machine Docket No. 70-00675-33-46040. Appli cant: University of Missouri—St. Louis, oemg manufactured in the United cant: Wayne State University School of 8001 Natural Bridge Road, St. Louis, Mo. States which provides this pertinent Medicine, 1400 Chrysler Freeway, De 63121. Article: Mass spectrometer, Model characteristic. troit, Mich. 48207. Article: Electron MS-1201. Manufacturer: Associated microscope, Model EM 9S. Manufac Electrical Industries, Ltd., United King The Department of Commerce knows dom. Intended use of article: The article i no other instrument or apparatus of turer: Carl Zeiss, Inc., West Germany. will be used for a project involving the quivalent scientific value to the foreign Intended use of article: The article will study of intermediates formed in the oxi be used by faculty and students from the ?or. Purposes for which such dation'of the lower boron hydrides and tide is intended to be used, which is Department of Anatomy for studies of a alkyl boranes; for research in the area of variety of animal materials and ana States manufactured iu the United organo-sulfur and carbocyclic systems; tomical and physiological phenomena. and for a kinetic and mechanistic study harley enton One project concerns the study of visual C M. D , of the reactions of hydrocarbons with Assistant Administrator for cells in normal and carotenoid-deprived methylene and deutero-methylene. Industry Operations, Business birds in order to determine the normal Chemistry majors will use the article in and Defense Services Admin fine structure of the photoreceptors and istration. chemistry courses, Instrumental Analysis the ultrastructural alterations caused by and Chemistry Research. Application re [PR. Doc. 70-7784; Piled, June 19, 1970; the absence of oil droplet pigments. The ceived by Commissioner of Customs: 8:45 a.m.] article will also be used in graduate and May 1, 1970. medical school in courses concerned with the application of electron microscopy Docket No. 70-00674-33-46040. Appli n ew YORK UNIVERSITY ET AL. cant: University of California, San Diego, to an understanding of cell and tissue Post Office Box 109, La Jolla, Calif. Notice of Applications for Duty-Free ultrastructure. Application received by 92037. Article: Electron microscope, Entry of Scientific Articles Commissioner of Customs: May 6, 1970. Model EM 9S. Manufacturer: Carl Zeiss, Docket No. 70-00676-33-46500. Appli Inc., West Germany. Intended use of of Tin J?llo^ ng are notices of the receipt cant: Indiana University, Purchasing PPhcations for duty-free entry of article: The article will be used to in Department, 1000 East 17th Street, vestigate diseases of the lungs and brain

No. 120:----- 4 FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 10162 NOTICES

in man and in experimental animals. Tis tific Instrument Evaluation Division, De sue from the respective organs will be partment of Commerce, Washington, DEPARTMENT OF HEALTH, embedded in small resin blocks. The D.C. lesions to be studied are scattered about Docket No. 70-00532-33-46500. Appli EDUCATION, AND WELFARE cant: National Institutes of Health, 9000 the organs without precise localization,' Food and Drug Administration necessitating the sampling of large Rockville Pike, Building 10, Room 8B14, quantities of tissue. Medical students and Bethesda, Md. 20014. Article: Ultramicro CANNED PEACHES, CANNED PEARS, residents in pathology will use the article tome, Model LKB 8800. Manufacturer: AND CANNED FRUIT COCKTAIL t.k b Produkter A.B., Sweden. in courses on “submicroscopic pathology” DEVIATING FROM IDENTITY and “introduction to electron micros Intended use of article: The article copy.” Application received by Commis will be used for the study of biological STANDARDS sioner of Customs: May 5, 1970. specimens of tumor and animal origin, Temporary Permit for Market Testing Docket No. 70-00680-33-46500. Appli virus particles, and membrane structures. cant: State University of New York, The development of tumor cells and the Pursuant to § 10.5 (21 CFR 10.5) con Downstate Medical Center, 450 Clarkson development of viruses in mammalian cerning temporary permits for market Avenue, Brooklyn, N.Y. 11203. Article: tissues will also be studied. Since the ap testing food deviating from the require Ultramicrotome, Model OmU2. Manufac plicant’s research deals with tissue cul ments of standards of identity promul turer: C. Reichert Optische Werke, A.G., tures and surgical materials, section gated pursuant to section 401 (21 U.S.C. Austria. Intended use of article: The thickness of 50-100 angstroms and a wide 341) of the Federal Food, Drug, and article will be used for investigations range of cutting speeds are important. Cosmetic Act, notice is given that a tem concerning high resolution analysis of Comments: No comments have been porary permit has been issued to Libby, intracellular membranes; nuclear enve received with respect to this application. McNeill, and Libby, Chicago, HI. 60604. lope of oocytes by high resolution analy Decision: Application approved. No This permit covers interstate marketing sis of ultrathin serial sections; platelet instrument or apparatus of equivalent tests of canned peaches, canned pears, and canned fruit cocktail that deviate formation in megakaryocytes by serial scientific value to the foreign article, for sections analysis; and ramifications of such purposes as this article is intended from their standards of identity (21 CFR small nerve cells of the substania gela- 27.2, 27.20, and 27.40) in that they will to be used, was being manufactured in be packed in a medium consisting of a tinosa by serial section analysis. Applica the United States at the time the appli blend of apple, grapefruit, and pineapple tion received by Commissioner of cant placed the order for thè foreign juices. Customs: May 6,1970. article. Docket No. 70-00682-88-74000. Appli The juices used will be prepared from Reasons: We note that captioned ap concentrates and reconstituted to equiv cant: New York State Museum and Sci plication is a resubmission of Docket No. ence Service—Geological Survey, Room alent single strength juices. The com 70-00030-33-46500 which was received bined Brix of the blend of juices will be 973, State Education Building Annex, on July 10, 1969, at which time the ap Albany, N.Y. 12224. Article: Portable less than 14° but not less than 10°. plicant indicated that it had already The principal display panel of the seismograph, shot box, battery recharger, placed an order for the foreign article. and cable reel, Models PS-3. Manufac label on each container will bear the The most closely comparable domestic statement “in a blend of fruit juices from turer: Huntec, Ltd. Canada. Intended instrument available when the original use of article: The article will be used for concentrates” and the names of the in application was received, was the Model dividual juices used will appear on an a continuing study of the preglacial MT-2 ultramicrotome which is being drainage patterns in the Hudson-Mo- appropriate information panel. manufactured by Ivan Sorvall, Inc. (Sor- This temporary permit expires June 12, hawk Lowlands. The study attempts to vall). The foreign article provides a spec locate buried stream and river channels ified minimum thickness capability of 1971. beneath glacial overburden. A network 50 angstroms, whereas the Sorvall Model Dated: June 12, 1970. of points in the area has been established MT-2 provides a specified minimum and seismic bedrock data has been ob S am D. F ine, thickness capability of 100 angstroms. Acting Associate Commissioner tained. For the next two seasons, the The thinner the section, the more is it for Compliance. buried preglacial drainage systems in the possible to take advantage of the utmost Hudson Basin will be traced. Applica resolving capability of the electron [F.R. Doc. 70-7804; Filed, June 19, 1970; tion received by Commissioner of Cus microscope under which the specimen 8:47 a.m.] toms: May 6, 1970. will be examined. The ability to achieve Charley M. Denton, the highest possible resolution is neces [DESI 2-0038 NV] Assistant Administrator for In sary to accomplishing the purposes for mORTETRACYCLINE WITH VITA dustry Operations, Business which the specimens will be prepared and Defense Services Admin and, consequently, the lower minimum MINS FOR WATER MEDICATION istration. thickness capability of the foreign article rugs for Veterinary Use; Drug Efficacy [F.R. Doc. 70-7785; Filed, June 19, 1970; is a pertinent characteristic. We, there Study Implementation 8:45 a.m.] fore, find that the Sorvall MT-2 is not of equivalent scientific value to the for The Food and Drug Administration eign article for such purposes as this as evaluated a report received from tne NATIONAL INSTITUTES OF HEALTH article is intended to be used. ational Academy of Sciermes-Nationa The Department of Commerce knows esearch Council, Drug Efficacy Study Notice of Decision on Application for of no other instrument or apparatus of roup, on Purina Boost-R^Aid marketeu Duty-Free Entry of Scientific Article equivalent scientific value to the foreign j Ralston Purina Co., 835 South ^gntn treet, St. Louis, Mo. 63199. The Product The following is a decision on an ap article, for such purposes as this article is intended to be used, which was being mtains various vitamins together plication for duty-free entry of a scien grams of chlortetracycline hydro- tific article pursuant to section 6(c) of manufactured in the United States at the the Educational, Scientific, and Cultural time the applicant placed the order for iloride per pound and is mtended the article. se in poultry drinking water to pre Materials Importation Act of 1966 (Pub ad treat certain respiratory diseases u lic Law 89-651, 80 Stat. 897) and the Charley M. Denton, Assistant Administrator for In aickens and turkeys under normal con* regulations issued thereunder as itions and also during periods of stress. amended (34 F.R. 15787 et seq.). dustry Operations, Business The Academy evaluated tins PreP®L A copy of the record pertaining to this and Defense Services Ad ministration. on as probably not effective asi a decision is available for public review tic-vitamin fortification for use in [F.R. Doc. 70-7786; Filed, June 19, 1970; during ordinary business hours of the resence of diseases during pen Department of Commerce, at the Scien- 8:45 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 12D— SATURDAY, JUNE 20, 1970 NOTICES 10163

stress such as chilling, moving, vaccina manufacture of the drug including in designated as active makes a contribu tion, and debeaking. formation on drug components and com tion to the total effect claimed for the The Academy further stated: position, and also including information drug combination. 1. The effectiveness of the recom regarding manufacturing methods, facil 3. Each disease claim should be prop mended dosage schedule has not been ities, and controls, in accordance with erly qualified “appropriate for use in adequately documented. the requirements of section 512 of the (name of disease) caused by pathogens 2. Administration of the drug via act. sensitive to (name of drug).” If the dis drinking water for severely ill animals is The holder of the application for the ease cannot be so qualified the claim questioned. . subject drug has been mailed a copy of must be dropped. 3. Information is needed to document the NAS-NRC report. Any manufacturer, 4. Noninfectious disease claims (for the value of vitamins in the preparation. packer, or distributor of a drug of similar stress conditions) should not be allowed. 4. Dose response curves are needed for composition and labeling to it or any many of the recommended uses. other interested person may obtain a 5. The effectiveness of the concurrent 5. Each disease claim should be prop copy by writing to the Food and Drug use of erythromycin thiocyanate and erty qualified as “appropriate for use Administration, Press Relations Staff, arsanilic acid has not been adequately in (name of disease) caused by patho 200 C Street SW., Washington, D.C. documented. gens sensitive to (name of drug).” If the 20204. The Food and Drug Administration disease cannot be so qualified the claim This notice is issued pursuant to the concurs in the Academy’s findings. must be dropped. provisions of the Federal Food, Drug, This evaluation is concerned only with 6. Claims made regarding “for preven and Cosmetic Act (secs^ 502, 512, 52 the drug’s effectiveness and safety to the tion of” or “to-prevent” should be re Stat. 1050-51, 82 Stat. 343-51; 21 U.S.C. animal to which administered. It does placed with “as an aid in the control 352, 360b) and under authority delegated not take into account the safety for food of” or “to aid in the control of”. to the Commissioner of Food and Drugs use of food derived from drug-treated 7. The label should carry a warning (21 CFR 2.120). animals. Nothing herein will constitute statement that treated animals must a bar to further proceedings with respect actually consume enough medicated Dated: June 12, 1970. to questions of safety of the drug or its water to provide a therapeutic dose under S am D. F in e, metabolites as residues in food products the conditions that prevail and as a pre Acting Associate Commissioner derived from treated animals. caution, state the desired oral dose per for Compliance. This announcement is published (1) to unit of animal weight per day for each [F.R. Doc. 70-7806; Filed, June 19, 1970; inform the holders of new animal drug species as a guide to effective use of the 8:47 a.m.] applications of the findings of the preparation in drinking water. Academy and the Food and Drug Ad 8. Substantial evidence was not pre ministration and (2) to inform all inter sented to establish that each ingredient [DESI 10979V] ested persons that such articles to be designated as active makes a contribu DRUG CONTAINING ERYTHROMYCIN marketed must be the subject of approved tion to the total effect claimed for the THIOCYANATE AND ARSANILIC ACID new animal drug applications and other drug combination. wise comply with all other requirements Tile Pood and Drug Administration Drugs for Veterinary Use; Drug Efficacy of the Federal Food, Drug, and Cosmetic concurs in the Academy’s evaluation and Study Implementation Act. recommendations. Holders of the new animal drug appli This evaluation is concerned only with The Food and Drug Administration cations are provided 6 months from the the drug’s effectiveness and safety to the has evaluated a report received from the date of publication of this announcement animal to which administered. It does National Academy of Sciences-National in the F ederal R egister to submit ade not take into account the safety for food Research Council, Drug Efficacy Study quate documentation in support of the use of food derived from drug-treated Group, on Gallimycin-TF each pound of labeling used. animals. Nothing in this announcement which contains erythromycin thiocya will constitute a bar to further proceed nate equivalent in activity to 9.25 grams Each holder of a “deemed approved” ings with respect to questions of safety of erythromycin, and 13.5 grams of new animal drug application (i.e., an ap of the drug or its metabolites as residues arsanilic acid and which is marketed by plication which became effective on the in food products derived from treated Abbott Laboratories, 14th and Sheridan basis of safety prior to Oct. 10, 1962) for animals. Road, North Chicago, 111. 60064. such drugs is requested to submit up 'Diis announcement is published (1) The Academy evaluated this prepara dating information as needed to make to inform the holders of new animal drug tion as probably not effective for use in the application current with regard to applications of the findings of the Acad chickens and turkeys for the following manufacture of the drug including in emy and of the Pood and Drug Adminis claims: formation on drug components and com tration and (2) to inform all interested position, and also including information 1. Respiratory disease (complicated by regarding manufacturing methods, facil Persons that such articles to be mar nonspecific enteritis). keted must be the subject of approved ities, and controls, in accordance with 2. Chronic respiratory disease (CRD), the requirements of section 512 of the new animal drug applications and other air-sac infection, and infectious coryza. wise comply with all other requirements act. oi the Federal Food, Drug, and Cosmetic 3. As an aid in the management of Written comments regarding this an Act. outbreaks of complex disease syndromes nouncement including requests for 'an Holders of new animal drug applica- such as blue comb and synovitis (caused informal conference may be addressed by PPLO and coccal organisms). ar.e Provided 6 months from the to the Bureau of Veterinary Medicine, ^Plication hereof in the F ederal R eg- 4. As an aid in the management of Food and Drug Administration, 5600 er to submit adequate documentation respiratory outbreaks and syndrome re Fishers Lane, Rockville, Md. 20852. support of the labeling used.' sulting from the stresses of vaccination, The holder of the new animal drug ap rimVLn™en comnients- regarding this an- debeaking, and movement of birds. plication for the listed drug lias been uncement, including requests for an The Academy further stated: mailed a copy of the NAS-NRC report. conference, may be addressed 1. The label should warn that treated Any other interested person may obtain Fnnn 6 Bureau °f Veterinary Medicine, animals must actually consume enough a copy by writing to the Food and Drug Pick! arid Drug Administration, 5600 medicated feed to provide a therapeutic Administration, Press Relations Staff, 200 Rockville, Md. 20852. dose under the conditions that prevail. C Street SW., Washington, D.C. 20204. Z1 .holder of a “deemed approved” As a precaution, the label should state This notice is issued pursuant to the anniw-mal dr.ug application (i.e., an the desired oral dose of drug per unit of provisions of the Federal Food, Drug, and thpho3^1011 which became effective on animal weight per day for each species Cosmetic Act (secs. 502, 512, 52 Stat. for « 'u of safetV Prior to Oct. 10, 1962) as a guide to effective use of the prepara 1050-51, 82 Stat. 343-51; 21 U.S.C. 352, UDrinf?« .d*ugs is requested to submit tion in feed. 360b) and under authority delegated to thp or, v mformation as needed to make 2. Substantial evidence was not pre the Commissioner of Food and Drugs (21 aPPhcation current with regard to sented to establish that each ingredient CFR 2.120).

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 10164 NOTICES they must file a written appearance re Dated: June 12,1970. of the order will cause any drug similar in composition to -and recommended for questing the hearing and giving the rea S am D. P in e, the same conditions of use as Cycloderm sons why approval of the new animal Acting Associate Commissioner Creme and Cycloderm Lotion to be a new drug application should not be with for. Compliance. animal drug for which an approved new drawn, together with a well-organized [P.R. Doc. 70-7805; Piled, June 19, 1970; animal drug application is not in effect. and full-factual analysis of the clinical 8:47 a.m.] Any such drug then on the market would and other investigational data they are be subject to regulatory proceedings. prepared to prove in support of their [Docket No. FDC-D-168; NADA No. 8-177V, opposition. A request for a hearing may 9—206V] Within 30 days after publication hereof in the F ederal R egister, such persons are not rest upon mere allegations or denials, JENSEN-SALSBERY LABORATORIES required to file with the Hearing Clerk, but must set forth specific facts showing Department of Health, Education, and that there is a genuine and substantial is Cycloderm Creme and Cycloderm Welfare, Office of General Counsel, Food, sue of fact that requires a hearing. When Lotion; Notice of Opportunity for Drug, and Environmental Health Divi it clearly appears from the data in the Hearing sion, . Room 6-62, 5600 Fishers Lane, application and from the reasons and Rockville, Md. 20852, a written appear factual analysis in the request for the An announcement published in the ance electing whether: hearing that there is no genuine and sub F ederal R egister of February 14, 1969 v 1. To avail themselves of the oppor stantial issue of fact which precludes the (34 F.R. 2211), invited Jensen-Salsbery tunity for a hearing; or withdrawal of approval of the applica Laboratories, Division of Richardson- 2. Not to avail themselves of the option, the Commissioner will enter an or Merrell Inc., 520 West 21st Street, Kansas portunity for a hearing. der on these data, making findings and City, Mo. 64141, holder of new animal If such persons elect not to avail them conclusions on such data. If a hearing drug application No. 8-177V for Cyclo selves of the opportunity for a hearing, is requested and is justified by the re derm Creme (a drug containing 42.3 per the Commissioner without further notice sponse to the notice of hearing, the is cent boric acid, 49.2 percent cyclohexanol, will enter a final order withdrawing the sues will be defined, a hearing examiner and 0.5 percent copper-8-quinolinolate) approval of the new animal drug will be named, and he shall issue a writ and new animal drug application No. 9- applications. ten notice of the time and place at which 602V for Cycloderm Lotion (a drug con Failure of such persons to file a writ the hearing will commence, not more taining 1.0 percent copper-8-quinolino- ten appearance of election within 30 days than 90 days after the expiration of such late and 0.5 percent boric acid), and any following date of publication of this no 30 days unless the hearing examiner and other interested person, to submit ade tice in the F ederal R egister will be con the applicant otherwise agree. quate documentation in support of the strued as an election by such persons This notice is issued pursuant to the claims made in the drugs’ labeling. The not to avail themselves of the opportu provisions of the Federal Food, Drug, response to the announcement did not and Cosmetic Act (sec. 512, 82 Stat. 343— contain information to fully support the nity for a hearing. The hearing contemplated by this no 51; 21 U.S.C. 360b) and under authority label claims, and available information delegated to the Commissioner (21 CFR still fails to provide substantial evidence tice will be open to the public except that of effectiveness of the drugs for their any portion of the hearing that con 2.120). recommended use in the .treatment of cerns a method or process which the Dated: June 12, 1970. Commissioner finds is entitled to pro dermatomycosis and nonspecific derma S am D. F ine, tosis in small and large animals. tection as a trade secret will'not be open to the public, unless the respondent Acting Associate Commissioner Therefore, notice is given to Jensen- for Compliance. „ Salsbery Laboratories, and to any in specifies otherwise in his appearance. terested person who may be adversely af If such persons elect to avail them [F.R. Doc. 70-7807; Piled, June 19, 1970; fected, that the Commissioner of Food selves of the opportunity for a hearing, 8:47 a.m.] and Drugs proposes to issue an order un der the provisions of section 512(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(e)) withdrawing ap DEPARTMENT OF TRANSPORTATION proval of new animal drug applications Nos. 8-177V and 9-602V and all amend Hazardous Materials Regulations Board ments and supplements thereto held by Jensen-Salsbery Laboratories for the SPECIAL PERMITS ISSUED drugs Cycloderm Creme and Cycloderm J u n e 15,1970. Lotion on the grounds that: Pursuant to Docket No. HM-1, Rule-making Proceduresofthe Ha^rdoi^ Ma- Information before the Commissioner ;erials Regulations Board, issued May 22 1968 (33 F R - . 49 CFR Part m with respect to the drugs, evaluated tallowing is a list of new DOT Special Permits upon which Board action together with the evidence available to :ompleted during May 1970: him when the applications were ap proved, does not provide substantial Mode or modes of evidence that the drugs have the effect Special transportation permit Issued to—Subject they purport or are represented to have No. under the conditions of use prescribed, recommended, or suggested in their Water, Carg?-ooly 6219 Shippers upon specific registration with this aircraft, High" labeling. and nonpoisonous compressed gas mixtures, in maximum 1526 0 mcn c p y •way, and Rail. In accordance with the provisions of * aluminum cylinders, having a service pressure of not overpsig. Passenger- 6227 U.S. Atomic Energy Commission and its contractors. for the ^ipment of fissil^ o i carrying air section 512 of the act (21 U.S.C. 360b), active material, n.o.s., in a Union Carbide Corporation Model D T 2 pacxaging craft, Cargo- the Commissioner will give the applicant, only aircraft, Highway, ana and any interested person who would be Rail. adversely affected by an order withdraw Highway ana flooq Tndns Sales Company, for the shipment of compressed air, argon, helium, kyfaogem Rail. ing such approval, an opportunity for a 6229 oxygen, and mixtures thereof in DOT-3A and 3AA cylinders having a 10- hearing at which time such persons may Water and produce evidence and arguments to 0230 Highway: non-DOT specification cylinders having a 2400 psig service pressure.. .. Rail. show why approval of new animal drug 6231 Shippers upon specific registration with this Boar

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 NOTICES 10165

Special _ Mode or modes of For the Atomic Energy Commission. permit Issued to—Subject transportation W . B. McCool, Secretary. 6232 Shippers upon specific registration with this Board, for the shipment of Survival Kits Cargo-only air [F.R. Doc. 70-7822; Filed, June 19, 1970; F/RF-4C or F-4D. craft and 8:48 a.m.] Highway. 6233 Flight Dynamics Research Corporation and the Department of Defense for the ship Cargo-only air ment of liquefied anhydrous ammonia in a small non-DO T specification two-piece craft, Highway, molded plastic pressure vessel. and Rail. [Docket No. 50-363] 6235 Shippers upon specific registration with this Board, for the shipment of large quantities Rail. “of radioactive materials, n.o.s., in the Model HAPO-1B Fission Products Shipping Cask. JERSEY CENTRAL POWER AND LIGHT 6236 Dallas Welding Equipment Company for the shipment of oxygen in DOT-3A and 3 A A Highway and CO. cylinders having a 10-year hydrostatic retest period. Rail. 6237 Shippers upon specific registration with this Board, for the shipment of dichlorobutene Rail. in a DOT Specification 105A300W or 112A340W tank car tank. Notice of Receipt of Application for 6238 Shippers upon specific registration with this Board, for the shipment of potassium ni Highway and Construction Permit and Facility trate in a DOT Specification 44P plastic bag of not over 81 pounds net weight. Rail. 6239 Shippers upon specific registration with this Board, for the shipment of hydrazine mix Cargo-only air- i License tures in an auxiliary hydraulic power unit. craft, Highway, and Rail, The Jersey Central Power and Light 6241 Shippers upon specific registration with this Board, for the shipment of large quantities Water and Co., 260 Cherry Hill Road, Parsippany, of radioactive materials, special form, in the Transnuclear, Incorporated Model F-77 Highway. packaging. N.J. 07054, pursuant to section 104(b) 6243 Liquid Carbonic Corporation for the shipment of liquefied carbon monoxide in a steel, Highway. of the Atomic Energy Act of 1954, as specially designed and insulated, 7300-gallon capacity cargo tank. 6244 Shippers Upon specific registration with this Board, for thè shipment of large quantities Highway. amended, has filed an application, dated of radioactive materials, n.o.s., in the Chem-Nuclear Service’s Model CT-69 Spent June 1, 1970, for authorization to con Resins Shipping Cask. 6245 Shippers upon specific registration with this Board, for the shipment of Type B Passenger-carrying struct and operate a pressurized water quantities of radioactive materials, n.o.s., in the General Electric Company Design aircraft, and nuclear reactor designated as the Forked No. AUS/S/A/600 packaging. Motor V ehicle. River Nuclear Generating Station, Unit 6248 PPG Industries, Incorporated, for the temporary shipment of hypochlorite solutions Rail. containing more than 7% available chlorine, in a DOT Specification 103W and a % on the company’s site located in Ocean 111A100W1 tank car tank. County, N.J. 6251 Hooker Chemical Corporation, for the shipment of liquid caustic potash or caustic Highway. soda, in one DOT Specification MC-307 of a particular design. The site is located on the Atlantic 6252 Shippers upon specific registration with this Board, for the shipment of dry organic Highway and coast, approximately 2 miles south of peroxides in the U.S. Steel Corporation “Samson” open-head plastic pail. Rail. 6254 Detroit Gas Products Company, for the shipment of argon, oxygen, and nitrogen in Highway and the community Forked River, 1 y2 miles DOT Specification 3A and 3ÀA cylinders having a 10-year hydrostatic retest Rail. inland from the shore of Barnegat Bay, period. about 7 miles west-northwest Of Barne 6255 Butler Cylinder Gas Company, for the shipment of oxygen, nitrogen, argon, helium, Highway and and nitrous oxide in DOT-3A and 3AA cylinders having a 10-year hydrostatic retest Rail. gat Light, and is adjacent to the Oyster period. Creek Nuclear Generating Station site 6256 General Welding Supply, for the shipment of argon, compressed air, helium, hydrogen, Highway and nitrogen, nitrous oxide, oxygen, and mixtures thereof in DOT-3A and 3AA cylinders Rail. in Lacey Township, Ocean County, N.J. having a 10-year hydrostatic retest period. The proposed nuclear power plant is 6257 Piedmont Welding Supply Company, for the shipment of argon, compressed air, Highway and cyclopropane, ethylene, helium, hydrogen, Krypton, neon, nitrogen, nitrous oxide, Rail. designed for initial operation at approxi oxygen, oxygen-carbon dioxide mixtures (not over 10% COa by volume), xenon, and mately 3,390 thermal megawatts with a mixtures thereof, in DOT-3A and 3AA cylinders having a 10-year hydrostatic retest period. net electrical output of approximately 6258 Shippers upon specific registration with this Board, for the shipment of acetone in Highway and 1,129 megawatts. DOT-2E bottles overpacked in a DOT-12A flberboard box. Rail. A copy of the application is available 6259 Stauffer Chemical Company, for the temporary shipment of sulfuric acid in three Rail. DOT Specification 111A100W1 tank car tanks. 6261 for public inspection at the Commission’s United States Steel Corporation, for the shipment of not over 40% concentration Rail. Public Document Room, 1717 H Street hydrofluosilicic acid in certain modified DOT Specification 111A100W1 tank car v6Q £Si NW., Washington, D.C. Dated at Bethesda, Md., this 15th day W illiam K. B yrd, of June 1970. Acting Chairman, Hazardous Materials Regulations Board. For the Atomic Energy Commission. [F.R.Doc. 70-7820; Filed, June 19,1970; 8:48 a.m.] P eter A. Morris, Director, test to be conducted on Amchitka Island, Division of Reactor Licensing. ATOMIC ENERGY COMMISSION Alaska, in the fall of 1971. [F.R. Doc. 70-7745; Filed, June 19, 1970; The Commission requests, within 60 8:45 a.m.] d r a ft environmental days of publication of this notice with STATEMENT, CANNIKIN the F ederal R egister, comments on the Draft Environmental Statement from GENERAL MANAGER AND ASSISTANT Notice of Availability and Request for TO GENERAL MANAGER Comments From State and Local State and local agencies of any affected State (with respect to matters within Notice of Delegation of Authority Agencies their jurisdiction) which are authorized . 1^>!lrsVan^ the National Environmen to develop and enforce environmental Notice is hereby given that the au 1 Policy Act of 1969 and the Atomi standards. If any such State or local thority of the Atomic Energy Commis » .er?y Commission General Manager’ agency fails to provide the Commission sion to provide, pursuant to § 4.64 of the 1 ,? rocedures implementing sectioi with comments within 60 days of pub Commission’s regulations on Nondiscrim of the Act> notice is hereb: lication of this notice in the F ederal ination In Federally Assisted Commis that a document entitled “Draf R egister, it will be presumed that the sion Programs (10 CFR 4.64), by agree nvironmental Statement, CANNIKIN, agency has no comments to make. Copies ment with óther Federal departments or P- nlng Piaced in the Commission’s Pub of the Draft Environmental Statement agencies, for the conduct of consolidated and the comments thereon of Federal Wn7v?CU1?ent Room> 1717 H Street NW. or joint hearings, has been delegated to S rJto n . D.c., and in the Commis agencies whose comments have been re the General Manager and to the Assist Snüth £-evada Operations Office, 275: quested by the Commission will be sup ant to the General Manager. The text of thpUSv?ighlan<1’ Las Vegas, Nev. 89102: plied to such State and local agencies the delegations is contained in the Banw w f nc^co Operations Office, 211: upon request addressed to the General Atomic Energy Commission Manual and tv?ft

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 10166 NOTICES it is proposed (o issue an order1 the fair and reasonable final rate shall be Dated at Washington, D.C., this 16th limited to those specifically raised by the day of June 1970. to include the following findings and answer, except insofar as other issues are conclusions: For the U.S. Atomic Energy Commis raised in accordance with Rule 307 of the On and after May 5, 1970, the fair rules of practice (14 CFR 302.307). sion. and reasonable final service mail rates W. B. McCool, [F.R. Doc. 70-7824; Filed, June 19, 1970; per great circle aircraft mile to be paid 8:48 am .] Secretary. in their entirety by the Postmaster Gen [F.R. Doc. 70-7802; Filed, June 19, 1970; eral to Ross Aviation, Inc., pursuant to 8:47 a.m.] section 406 of the Act for the transporta tion of mail by aircraft, the facilities FEDERAL COMMUNICATIONS used and useful therefor, and the serv ices connected therewith, between the CIVIL AERONAUTICS BOARD following points shall be as follows: COMMISSION [Docket No. 22214] [Docket No. 18875; FCC 70-620] INTERAMER1CAN AIRFREIGHT CO. Docket Route Cents LICENSING OF FACILITIES FOR No. per mile Notice of Cancellation of Prehearing OVERSEAS COMMUNICATIONS Conference 20274 Reno and Winnemucca via Love- 52.32 Notice of Inquiry lock, Nev. 20275 Reno and Las Vegas, Nev------31.02 Notice is hereby given that the pre- 20276 Ely and Reno via Elko, Nev______30.97 1. By separate letters of August 5, hearing conference in the above entitled 1969 to American Telephone and Tele matter assigned to be held on June 16, graph Company (A.T. & T.) and to Com 1970, is cancelled until further notice. Accordingly, pursuant to the Federal munications Satellite Corn. (Comsat), Aviation Act of 1958 and particularly the Commission, noting the rapid de [ seal] W illiam J. M adden, sections 204(a) and 406 thereof, and the Hearing Examiner. velopments in overseas communications Board’s regulations, 14 CFR Part 302, 14 and the ever-growing demand for facili J une 16, 1970. CFR Part 298 and the authority duly ties, requested certain information as to [F.R. Doc. 70-7823; Filed, June 19, 1970; delegated by the Board in its organiza each company’s present and planned ac- 8:48 a.m.] tion regulations 14 CFR 385.14(f): tivities regarding research and develop It is ordered, That: ment with respect to cables (A.T. & T.) 1. All interested persons and particu and satellites (Comsat). By reply of [Docket No. 20274, etc.; Order 70-6-68] larly Ross Aviation, Inc., and the Post August 22, A.T. & T., among other tilings ROSS AVIATION, INC. master General are directed to show “strongly urged that the Commission cause why the Board should not adopt consider the practicability of devising Order To Show Cause the foregoing proposed findings and con new procedures for granting preliminary Issued under delegated authority clusions and fix, determine, and publish approval’’ of new cable requests “so that June 10,1970. the final rates for the transportation of the carriers may proceed with some as Final service mail rates established mail by aircraft, the facilities used and surance in working out the myriad of by Order 70-4-139 for the transportation useful therefor, and the services con details which are necessary before formal of mail by aircraft are currently in effect nected therewith, as the fair and reason requirements for authorizations can be for Ross Aviation, Inc. (Ross), an air able rates of compensation to be paid to filed.” Similarly, Comsat, in its reply of taxi operator under 14 CFR Part 298. Ross Aviation, Inc. September 4, 1969, endorsed an early 2. Further procedures herein shall be in consideration of the issues involved in On May 5, 1970, the Postmaster Gen the establishment of a U.S. policy for the eral filed a petition on behalf of Ross accordance with 14 CFR Part 302, as specified below; and assignment of total traffic between asking for increased rates for routes in cables, satellites, and other overseas the above dockets. The Postmaster Gen 3. This order shall be served upon Ross Aviation, Inc., and the Postmaster communications facilities. eral stated that he was in agreement 2. Thereafter, by letter of Septem with Ross that the present rates are no General. ber 18, 1969, to A.T. & T. we noted that longer fair and reasonable because of This order will be published in the both replies raised substantial questions increased costs experienced by Ross F ederal R egister. . of policy requiring careful consideration, which were not known or reasonably and indicated that we intended to initiate foreseeable at the time the rates were [ seal] Harry J . Zin k , Secretary. action looking to a resolution of those set. questions. We are now prepared to take The Postmaster General, and Ross, 1. Further procedures related to the at such action, and are therefore initiating agree that the rates should be increased tached order shall be in accordance with 14 this inquiry pursuant to the Communi CFR Part 302, and notice of any objection in the amount as shown in the following to the rate or to the other findings and con cations Act, sections 403, 4(i), 214, ana table, and that the increased rates are clusions proposed therein, shall be filed Title m, Part I, and the Communications fair and reasonable rates of compensa within 10 days, and if notice is filed, written Satellite Act, section 201 (c). tion: answer and supporting documents shall be 3. We think that, to the extent pos filed within 30 days after service of this order; sible, we should formulate a policy _whic Cents per mile 2. If notice of objection is not filed within will govern our future licensing in tn Docket 10 days after service of this order, or if field of overseas communications ana No. Route Present Increased rate notice is filed and answer is not filed within rate 30 days after service of this order, all persons which will enable interested carriers shall be deemed to have waived the right to a plan their own actions accordingly. Sue 20274 Reno and Winnemucca hearing and all other procedural steps short action, rather than separate actions via Lovelock, Nev------48.72 52.32 of a final decision by the Board, and the an ad hoc basis, will be more conduci 20275 Reno and Las Vegas, Nev.. ' 26.19 31.02 20276 Ely and Reno via Elko, Board may enter an order incorporating the to the effective discharge of our statu Nev...... 26.19 30.97 findings and conclusions proposed therein tory responsibilities, set out in the co - and fix and determine the final rate specified munications Act, which, among o therein; The Board finds it is in the public 3. If answer is filed presenting Issues for things, are designed to make avail < interest to determine, adjust and estab hearing, the issues involved in determining so far as possible, to all the people

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 NOTICES 10167

4. In thjs connection, we note that thecapacity to meet unexpected peak de and satellites as complementary rather pace of technological progress in over mands, growth, and to restore circuits than competitive as recognized by the seas communications has increased in lost because of facilities failures. Not Commission and incorporated in the recent years and promises to continue ing the transatlantic communications TAT-5 and Virgin Islands-Puerto Rico without abatement. These advances have growth is such that, without additional arrangements. OTM felt that the wisdom been evidenced by the introduction in the cables, an imbalance between satellite of such approach was demonstrated by mid-1950’s of high-capacity long-dis and cable circuits will develop after the restoration activities occasioned by re tance submarine cables, and the intro next few years, it proposes that a 720- cent cable and satellite failures. It felt duction in the mid-1960's of the first circuit cable be installed with Prance as that the respective qualities of satellites commercial communications satellite. soon as practicable, i.e., 1972-73. It also and cables required their use in balanced Improvements in submarine cables have proposes a similar cable between the quantities for maximum availability and resulted in successive increases in ca mainland and Hawaii in the early 1970’s reliability of service, and to afford ade pacity, so that the most recent cable we with extensions to Australia and the quate restoration capability in event of authorized has a capacity of some 800 western Pacific thereafter. It also points failure of either media. voice-circuits as compared to a 36 voice- out that larger-capacity cables will be 10. As may be seen, there are a num circuit capacity in the first such available in the mid-1970’s at which ber of factors which must be evaluated cable. Progress in the development of time it proposes to add a new cable to in the formation of an appropriate communications satellites has been Europe about 1976, and may add cables policy. In particular, consideration must even more rapid—from a nominal 240 to the Caribbean and Pacific in 1980. In be given to the following : voice-circuit capacity in the first gen its letter it points out that it is develop (a) That there is a growing need for eration—Intelsat I—satellite, there is ing a 3,000-circuit cable for use in the new and expanded overseas communica now a capacity of over 1,000 voice- mid-1970’s, and that the United King tions facilities and services; circuits in Intelsat III satellite now dom has developed an 1,800-circuit cable (b) That cable and satellite technol in use, with the expectation of over 5,000 which, with appropriate modification, ogy may each be expected to develop new circuits in the next series of satellites might be available for transatlantic use and improved applications with substan scheduled for operation in 1971. More by the mid-1970’s. tial public benefits in the form of im over, in 1965 we had satellite coverage on 8. Comsat, in its September 4 reply, proved and expanded service at lower a two-point basis over the Atlantic Basin indicated that the Intelsat constortium costs and that any policy must be suffi in the northern hemisphere whereas to undertakes technological investigations ciently flexible to accommodate unfore day, with several satellites providing At so as to be able to take advanced steps seen developments; lantic, Pacific, and Indian Ocean basin whenever they are justified by the quan (c) That this nation is committed by coverage to numerous earth stations in tity of traffic, the type of traffic, or the the Communications Satellite Act to a each ocean basin on a multiple access status of new developments, and that policy establishing and maintaining a basis, there is the true global coverage a new generation of satellites available global communications satellite system contemplated by the Communications in the later' 1970’s may be capable of as part of improved global communica Satellite Act. providing 20,000 to 30,000 circuits, with tions network and in implementing this 5. Increases in the use of overseas com a maximum degree of redundancy to commitment through participation in munications services have, of course, ac achieve the highest standards of relia the International Telecommunications companied technical progress. The use bility and useful lifetime. Comsat states Satellite Consortium; of high-capacity transatlantic cables has that research is being conducted which (d) That the Communications Satel increased from some 36 voice-circuits in will result in tremendous gains in the lite Act states the intent of Congress that 1956 to over 700 circüits in 1970, and At refinement of operational techniques, Comsat be so organized and operated as lantic basin satellite use has increased qualitative extension and diversification to maintain and strengthen competition from less than 100 voice-circuits in 1965 of service, increases in reliability ahd in the provision of communication serv to over 800 circuits today. Similar in consequent significant financial savings ices to the public; and creases have occurred in other areas. De to users. In commenting on the A.T. & T. (e) That the touchstone for Commis mand for conventional services is ex reply, Comsat noted its disagreement sion licensing actions is the mandate set pected to continue to grow at at least the with the proposed A.T. & T. program, and out in section 1 of the Communications same very rapid rate, and with the in suggested that a review be made of the Act of 1934 to make available, so far as creasing use of new overseas services such various viewpoints and a policy be es possible, to all the people of the United as television and real-time high-speed tablished for the assignment of total States a rapid, efficient, nationwide and data, the requirements for capacity are traffic between cables, satellites, and worldwide wire and radio communication expected to in the future increase even other international communications fa service with adequate facilities at reason Wore sharply. - cilities. Specifically, Comsat alleged that able charges. 6. The increasing complexity of com A.T. & T. did not deal with the economic 11. In the context of the foregoing munications underscores the need for a considerations basic to the definition of factors, and for the guidance of those ommission review of facilities planning, a “reasonable balance” between cables concerned with this inquiry, we are e recognize that the U.S. carriers are and satellites, e.g., whether investment setting out below the areas in which aware of their obligations to the public in cables is justified if there is excess we seek specific information and com satellite capacity, the extent to which ment. To the extent applicable, each ^ l COntinually review the adequacy of cables on high-density routes will in S ï ï 1?8 ^acilities and the desirability or carrier participating in overseas com " r * t0 either replace such facilities with crease satellite costs on routes to the munications should address itself to thorn mi? ern facilities or to supplement rest of the world, the need for diversity those items applicable to it. Such car ™em with additional facilities. We think of cable and satellite facilities, and the riers, as well as any other person com inquiry can provide a per- relative economies of cables and satel menting herein, may of course address lites. It also raised questions as to the ne»t Jf fî r such Pianning through the any other area of relevance, and we ‘ decade to 1980, and we propose to need for sustaining A.T. & T. cable encourage such comment. We shall our. licensing process in such manufacturing capability, and the rela undertake to promptly review com tionship of any licensing policy to the ments and replies and as soon there ulannin ‘° conducive to efficient U.S. objectives for the global satellite sat a ^ g+Sy-tlie f r i e r s , including Com- system. after as possible indicate our next step > and their foreign correspondents. in this matter, so as to avoid any undue 9. By letter of November 14, 1969, the has in^‘ *1T” in its letter of August 22, delay in the addition of needed Office of Telecommunications Manage facilities. v ^ ^ e d it proposes a policy of di- ment (OTM), commented on this mat belfewfm facilities and routing. It 12. In reaching a determination the ter, stressing that reliability of service is Commission may take into considera capacitv S hî the development of high- vital to the Government in time of crisis, Per oir-n and satellites has reduced tion any other relevant information cuit costs to the point where it and essential to the commercial interests before it. Comments should be filed by and the general public. OTM advocated soon be feasible to provide needed August 16, 1970, with replies thereto an approach which would regard cables being filed by September 21, 1970. An.

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 10168 NOTICES original and 14 copies should be filed. indicating when a facility shortage will de inconsistent with the objectives set out in velop with each point. the Communications Satellite Act with re Carrier providing overseas communica In supplying the above information, in spect to the establishment of a commercial tions, including Communications Satel dicate the use which can be made of TASI, satellite system, as part of an improved lite Carp., American Telephone & demand assignment, and other new operat global communications network, and the Telegraph Co., Hawaiian Telephone ing techniques to each point. goals of the U.S. Government in implement Co., ITT World Communications, Inc., D. Additional facilities which could he ing such objectives. RCA Global Communications, Inc., available in the 1970-80 time frame. Describe To what extent and in what manner will Tropical Radic Telegraph Co., and in detail each specific facility (types of the authorization of facilities other than Western Union International, Inc., cables, satellites, etc.) which can be made satellite affect the provision of services to available for service in the next decade, in economically less developed countries, ef should each furnish the other listed cluding the extent of any further research ficient and economical use of the electro carriers with copies of their comments and development work which needs to be magnetic spectrum, and the quality of serv and replies. done, the earliest date at which construc ice and charges to the public, as compared to tion can begin, the time required for con the authorization of satellite facilities. Adopted: June 10,1970. struction, the earliest operational date, the > H. Research and development. Comment Released: June 16,1970. estimated service life; the estimated capital on the extent to, and the manner in which and operating costs (separately showing re any licensing policy should be designed to en F ederal Communications search and development costs, and satellite courage research and development in par Commission,1 launch cost; the voice circuit capacity; type ticular communications media. Indicate the [seal] B en F . W aple, of services which it will be capable of han possible technological or other improvements Secretary. dling; and overseas points which it can serve. which can result from, and the costs of, such Where facilities can be also used for non- research and development. Indicate the A. Present use of facilities. Indicate, as U.S. traffic, indicate the extent to which such amounts spent on research and development of May 30, 1970, the number of equivalent use is anticipated and the effect on revenue in each of the last 1C) years on cables, and on vioce circuits (i.e., of voice-grade band requirements for that portion that may be satellites. width) in use for service to each point used for'U.S. traffic. I. Competition between satellites and other served as of such date from (separately) Describe in detail any concomitant in media. Comment as to the desirability of the mainland (including Alaska), Hawaii, vestment which may be required to con- . encouraging competition between Comsat and the Puerto Rico-Virgin Islands area. struct additional or modify associated facil and carriers providing service through media Such data should be presented in a form ities such as earth stations, landlines, ter other than satellite, and the manner in as will show the facilities used (satellite, minal equipment, cableships, etc., which such competition may be encouraged, cable, high-frequency radio, etc., or com E. Techniques for increasing basic facil including customer choice of media (see sec bination thereof) with each point, the ity capacity. Describe in detail the extent to tion 102(c) of the Communications Satellite number of voice circuits with each point which capacity of any presently authorized A ct). Should the Commission modify its au over each facility, and the type of service pro facility, or* any facility capable of being thorized user policy? If so, give reasons there vided over each voice circuit. In addition, available for service within the next decade for, and the modifications which should be Indicate idle voice circuits in each facility, may be augmented by the use of TASI tech made. Should Comsat serve the public di- voice circuits in each facility being used for nique, or techniques such as variable as r< tly for television, leased line, and broad non-U.S. traffic, and show TASI circuits signment PCM/TDMA or demand assignment band services? Any other services? If so, separately. single channel per carrier PCM/FDMA sys should such services be provided only on B. Demand. Indicate expected demand tems, etc. Give estimated dates at which routes which have both satellite and other (by your company) for equivalent voice such techniques will be available, the specific media? Should there be any effect on earthf circuits as of yearend 1970, 1971, 1972, 1978,. facilities to which they are capable of being station ownership policy? Discuss the effect 1974, 1975, 1977, and 1980, for each point applied, their costs (investment and operat on reliability, quality, efficiency, and cost of expected to be served as of such yearend, ing) , methods of operation, any costs of nec service, responsiveness to customer needs, from (separately) the mainland (including essary modification to associated facilities, etc. Alaska), Hawaii, and the Puerto Rico- and the extent to which use of such tech ■ Assuming additional cables are authorized, Virgin Island area. Present such data in nique is incompatible with the provision of to what extent should the Commission re a form to show for each point the expected particular services. quire that carriers other than Comsat meet routing of such voice circuits and the num Specify the extent to which such tech their service needs through satellites. De ber of voice circuits expected to be used for niques may be used instead of new facilities scribe in detail the nature of such a require each service (message, telex, leased voice to replace or supplement existing facilities, ment and its rationale (or alternatively the channel,' television, etc.), to be provided. and the effect on average annual revenue rationale for not Imposing such require Explain the basis (including your estimates requirements per circuit. ment), including effects on revenue of total industry demand) and methodology F. Need for redundancy and diversity of requirements. used in making such estimates. facilities. Describe extent to which there J. Policy recommendations. On the basis of Indicate, as to each service to be provided, should be a diversity of media and the ra the above considerations, and such others as the media (satellite cable, high-frequency tionale underlying your comments. may be relevant, indicate in detail the na radio, etc.) which may be used, and the ad Describe the need for redundant capacity, ture of the policy which the Commission, in vantages or disadvantages, if any, of a par either in the same or other facilities, to meet your opinion, should adopt to govern licens ticular medium for such service; and the use failures in operational facilities. Specify the ing of overseas media In the next deca e, which can be made of TASI and other tech outages (cable, satellite, other radio) in 1969 and the specific manner in which such policy niques for more efficient operation and use and 1970 and their causes and duration. should be implemented, e.g., the.,specific Set forth the various ways in which such facilities which should be used during of circuits. redundancy and diversity may be provided; C. Present and authorized facilities. Indi next decade in each ocean basin—Atlantic, the advantages and disadvantages of each Pacific, Caribbean, the timing of additions, cate, as of yearend 1970, 1971, 1972, 1973, way; and the relative effect of each on invest 1974, 1975, 1977, and 1980, etc., for each the effect on existing facilities, the use to ment, revenue requirements, and charges to made of such facilities. Explain reasoning facility (individual satellite, cable, etc.) ex the public. pected to be operational at that time which in full, and to the extent not indicated else Indicate the appropriate manner in which where in comments, show in detail the - is now operational or under construction, its the costs of redundancy and diversity should capacity, expected remaining life, original vestment and operating costs of ® be apportioned among users in light of the configuration and changes therein (incluamg investment cost, depreciated investment needs shown (e.g., defense needs). cost, maintenance, and operating costs, and average cost per circuit, with *®to® . the points which it is intended to serve. In Describe in full detail plans now in effect facilities—see D above), as well asi th dicate the portion of its capacity, if any, that for restoration of service in the event of on charges for services provided to the pu • failure of any present cable, satellite or will be used for non-U.S. traffic. Show how such a policy would encourage other media. Are existing plans adequate? the expansion of present services and tne m Indicate, for each point of communication, Explain what changes should be made. the numbers of voice-circuits which will troduction of new services. Describe the efforts and progress now being Answer the above questions on the ° be available in each of the above facilities made to revise, or to establish plans for for traffic with (separately) the mainland ing assumptions; A policy of cables restoration of presently authorized cables or satellites only, and an equal mix of cabi (including Alaska), Hawaii, and Puerto satellites. Rico-Virgin Islands area, as of yearend 1970, and satellites. 1971, 1972, 1973, 1974, 1975, etc., specifically G. Global communications satellite system. Comment on the extent to which the licens [F jr. Doc. 70-7810; Filed, June 19, 1970, 8:47 a.m.] 1 Chairman Burch absent. ing of facilities other than satellites may be

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 NOTICES 10169

[Dockets Nos. 18826, 18827; FCC 70R-207] fication of issues 1(c) and 2(b), and the 401, which seeks facts showing how the DAY-NITE r a d io m e s s a g e s e r v ic e addition of a character qualifications proposal will be in the public interest issue against Day-Nite. CORP. AND RADIO BROADCAST and how it will satisfy the need for the Modification of issue 1(c). 2. RBC proposed service. RBC argues that such ING CO. states that, as a result of inspections of a showing should include, but should Memorandum Opinion and Order Day-Nite’s station by the Commission’s not be limited to, the specific elements Enlarging and Modifying Issues Field Engineering Bureau, official notices listed in Rule 21.516. Petitioner submits were issued indicating possible violations that Rule 21.516 contemplates showings In re applications of Day-Nite Radio of IT of the Commission’s rules. as to need beyond the traffic study specif Message Service Corp., Docket No. 18826, Paragraph 5 of the designation order ically required by § 21.516, that the File No. 731-C2-R-69, for renewal of li states this fact and lists the 11 pos Bureau accepts such showings of need, cense of domestic public land mobile ra sible rules violations. RBC notes, how and that the hearing orders which in dio station KGA-593, Philadelphia, Pa.; ever, that the issue pertaining to the volve questions of need are drawn with and Radio Broadcasting Co., Docket No. matter (Issue 1(c).) lists only nine of the sufficient breadth to permit need show 18827, Pile No. 439-C2-P-(2)-70, for new rules allegedly violated, omitting Rules ings beyond the mere traffic study (citing facilities in the domestic public land mo 21.107(c) and 21.205(o). RBC maintains Able Paging Service, 8 FCC 2d, 412, 10 bile radio service in Philadelphia, Pa. that both of these possible violations are RR 2d 167 (1967); and Long Island Pag 1. This proceeding involves the appli serious and, accordingly, that Issue 1(c) ing, 20 FCC 2d 519 (1969)). RBC there cation of Day-Nite Radio Message Serv should be drawn broadly enough to per fore urges that Issue 2(b) be redrawn ice Corp. (Day-Nite) for renewal of mit inquiry into these infractions, as well to permit a full comparison of the need license of domestic public land mobile as those listed. The Common Carrier for the Services of the respective appli radio station KGA-593, Philadelphia, Bureau, in its comments, indicates that cants, and that an appropriate issue be Pa., and the mutually-exclusive appli it has no objection to a grant of the added to permit it to show the areas cation of Radio Broadcasting Co. (RBC) request. Day-Nite, in opposition, argues and populations which it proposes to for new facilities in Philadelphia, Pa. that “not one fact’’ is offered in support serve within its service contours. The RBC is presently a licensee of station of the "requested modification, and that Common Carrier Bureau does not oppose KGB-874 and is seeking additional facili RBC contents itself with conclusory as the requested modification of Issue 2(b), ties operating on the frequencies now as sertions. Day-Nite further states that and supports the addition of issues which signed to KGA-593. By memorandum RBC has not contended that the Com would permit showings of areas and opinion and order, FCC 70-340, 22 FCC mission was unaware of the relevant populations presently, or proposed to be, 2d 270, released April 7, 1970, the Com circumstances, nor has it shown any new served by both applicants. In opposition, mission designated the applications for facts. Moreover, Day-Nite asserts, not Day-Nite alleges that RBC did not make hearing on the following three issues: only is there no basis for adding the is . an effective showing that the Commis (1) To determine with respect to Day- sues requested, but the Review Board is sion failed to consider the matters now Nite’s renewal application: affirmatively precluded from specifying urged or that new facts exist which (a) The nature and extent of the serv such new issues, citing Atlantic Broad would justify altering the Commission’s ices currently offered by Day-Nite, casting Co., 5 FCC 2d 717, 8 RR 2d 991 judgment. RBC’s mere disagreement including rates, practices, personnel, and (1966). In reply, RBC argues that the with the Commission's formulation of facilities available. listing of the possible violations of Rules Issue 2(b), Day-Nite asserts, is an in (b) Whether, in light of (a ), Day-Nite 21.107(c) and 21.205(o) by the Commis sufficient basis for the Board to modify has and is conducting its operation effi sion in the designation order is a suffi the Commission’s designation order in ciently, and if not, whether there are any cient basis for “broadening the issue” to any respect, and, in the absence of the future plans to develop the potentiality permit an inquiry into “all possible vio type of showing required by Atlantic of the facility. lations” of the Commission’s rules dis Broadcasting, supra, there are no (c) Whether Day-Nite violated any of closed by the Commission’s inspections. grounds for radically redesigning a pur the requirements of the Commission’s 3. The Review Board agrees with RBCposely narrow “need” issue into the rules, specifically with respect to and the Common Carrier Bureau that broad comparative issue requested. In §§ 21.109(b), 21.120(a), 21.200, 21.201(a), Issue 1(c) should be modified as re reply, RBC argues that a broadly framed 21.205(m), 21.208 (e) and (g), 21.213, quested. The failure Of the Com m ission needs issue is “absolutely essential to a 21.515(b) and, if so, the impact of such to list the above-mentioned rules in Is full, fair adjudication of the ultimate violations on the qualifications of Day- sue 1(c) appears to have been merely question whether to award the channel Nite to be a DPLMRS licensee. an oversight, especially in light of the to RBC or Day-Nite.” The requested (d) Whether any changes requiring fact that the rules were specified with areas and populations issue, states Commission authorization were made particularity in paragraph 5 of the desig movant, is ancillary to the requested without first securing such authorization. nation order. The omission is not fatal to broadened issue. (2) To determine with respect to the RBC’s request, as Day-Nite argues. Since 5. In the Review Board’s opinion, Is application filed by RBC: there is no indication in the designation sue 2(b) should be modified as requested (a) The nature and extent of the order of.why the Commission listed the by RBC. In Atlantic Broadcasting Co., service proposed to be offered by RBC possible rule violations in the body of supra, 5 FCC 2d at 721, 8 RR 2d at 996, including rates, practices, personnels and the designation order, but did not in the Commission held, with regard to re facilities to be made available. clude them in the specified issues, the quests to enlarge or modify issues, that (b) Whether RBC, in keeping with the Board does not believe that the rationale “where the designation order contains Provisions of § 21.516 of the rules, has of the Atlantic case, supra, is applicable no reasoned analysis with respect*to the evidenced sufficient need for the addi here. Since Issue 1(c) is designed to in merits of that particular matter, the tional frequency. quire into the requisite qualifications of subordinate official should make such an (3) To determine, in light of the evi Day-Nite to be a Commission licensee, analysis and rule on the merits of the dence adduced pursuant to the fore it would, in the Board’s opinion, be ap petition so that the hearing may be con going issues, which, if either, of the ap propriate to add the omitted sections of ducted in an orderly and expeditious plications should be granted. the rules so that all necessary informa manner.” A reading of the designation tion will be obtained at the hearing. Presently before the Review Board is a order in this proceeding reveals no “rea 4. RBC motion for enlargement of issues, filed Modification of issue 2(b). soned analysis” of the matter raised by Apr. 27,1976, by R BC 1 seeking the modi- contends that Issue 2(b), as presently RBC in its motion (i.e., a broadly framed framed, appears to limit the needs in “needs” issue). Rather, in our opinion, quiry to the showing required by ~*Also before the Review Board are: (a) Issues 1(a), 2(a), and 3, when read to mnum Carrier Bureau’s comments, filed Commission Rule 21.516 only. In mov gether, indicate that a full comparative iq'Z .1970; (b) opposition, filed May 12, ant’s view, the basic question in this analysis of both proposals is what the M by Day-Nite; and (c) reply, filed proceeding is the broader one encom Commission intended. To alleviate any May 21, 1970, by RBC. passed by Item 52 of the FCC Form doubts, however, we will modify the

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 No. 120------5 10170 NOTICES issue in line with RBC’s request. Modi 7. RBC’s request for a character issue Adopted: June 10, 1970. fying the issue thusly would not, as Day- against Day-Nite will be denied. The Released: June, 12, 1970. Nite argues, be contrary to the intent of matter was fully considered by the Com the Commission; it would be consistent mission in the designation order, Atlan F ederal Communications with our view of that intent, and would tic Broadcasting, supra, and movant has Commission, best serve the public interest by permit presented no new allegations to substan [ seal] B en F . W aple, ting a complete determination of “which, tiate its request for a disqualifying issue. Secretary. if either, of the applications should be At footnote one to the designation order, [F.R. Doc. 70-7811; Filed, June 19, 1970; granted.” Issue 3. Thus, it would the Commission listed the pleadings 8:47 a.m.] be desirable to elicit evidence at the under consideration by it; included were hearing which would permit a full com RBC’s petition to deny, filed August 29, parison of the competing proposals in 1969, and RBC’s reply, filed November 14, [Dockets Nos. 18640,18641; FCC 70R-203] assessing the need for the best possible 1969. Thus, there is no basis for RBC’s HOME SERVICE BROADCASTING service to the public. Cf. Able Paging statement that the Commission was un CORP. AND NATICK BROADCAST aware of all of its allegations and sup Service, supra. In this regard, additional ASSOCIATES, INC. issues will be added to permit the appli porting affidavits. In this regard, it has cants to show the areas and populations recently been held that the Commis Memorandum Opinion and Order presently served by Day-Nite and pro sion need not mention each and every Enlarging Issues posed to be served by RBC, pursuant to fact considered by it in reaching a con the provisions of Rule 21.504. clusion. DuPage County Broadcasting, In regard applications of Home Service Character qualifications issue. 6. RBC Inc., FCC 70-492, released May 15, 1970, Broadcasting Corp., Natick, Mass., states that, in its July 30, 1969, petition 35 FR 8320, 8321. Further, at paragraph Docket No. 18640, File No. BP-16478; to deny Day-Nite’s application, it (RBC) 5 of the designation order the Commis Natick Broadcast Associates, Inc., Natick, charged that Day-Nite, in an effort to sion stated that: “On the basis of an Mass., Docket No. 18641, File No. conceal its failure to properly monitor its affidavit submitted on behalf of Day- BP-18012; for construction permits. control point, as required by the Commis Nite on July 17-, 1969, we find unwar 1. The above-captioned applications, sion’s rules, sought to persuade others to ranted any further consideration of each for an authorization to construct a make fraudulent log entries; and that RBC’s claim that Day-Nite attempted to new standard broadcast station at RBC had substantiated this charge in persuade others to falsify records.” The Natick, Mass., were designated for hear two affidavits submitted to the Commis fact that the Commission rejected Day- ing by memorandum opinion and order, sion, one by letter dated June 26, 1969, Nite’s allegations with respect to this 18 FCC 2d 911, 16 RR 2d 1045, released and the other in a reply pleading filed matter in spite of the conflicting affi August 19, 1969 (34 F.R. 13566, Aug. 22, on November 14, 1969. Movant further davits does not necessarily indicate that 1969), on certain specified issues. Now claims that the Commission, in dispens the Commission overlooked the conflict, before the Review Board are two addi ing with further consideration of RBC’s as RBC suggests in its reply. Finally, as tional motions to enlarge issues,1 a sup charge, relied upon Day-Nite’s affidavit the Bureau states; there is sufficient lati plementary motion to enlarge issues, by letter dated July 17, 1969. RBC avers tude under Issue 1(c), as modified, and filed by Natick Broadcast Associates, Inc. that, from the Commission’s recital of Issue 1(d), to permit an inquiry into the (Natick), on October 10, 1969,a and a facts in paragraph 5 of the designation alleged failure of Day-Nite to log and/or further motion to enlarge issues, filed order, “it almost appears that the Com monitor its station. January 9, 1970, by Home Service.3 mission was unaware of [RBC’s] last 8. Accordingly, it is ordered, That the Natick, in its motion, requests the addi affidavit.” RBC argues that the truth of motion for enlargement of issues, filed tion of issues to determine whether a the accusation is in part corroborated by April 27, 1970, by Radio Broadcasting principal of Home Service showed to the Commission’s own inspections which Co. is granted to the extent indicated below and is denied in all other respects; apparently revealed failures to log and iThe Board will consider these motions failures to monitor. RBC thus urges that and 9. It is further ordered, That the hear together since they are interrelated, concern an issue be added to determine whether the same issues and arise out of the same Mrs. Markovitz, Day-Nite’s principal ing issues are enlarged by addition of the factual allegations. owner, sought others to make fraudulent following issue: 2 Pleadings related to this motion before log entries. Day-Nite, in opposition, al 1(e) The areas and populations now the Board are: (a) Comments, filed Nov. 7, leges that both documents alluded to by served by Day-Nite in accordance with 1969, by the Bureau; (b) opposition, filed § 21.504 of the rules and the need and Nov. 7, 1969, by Home Service Broadcasting RBC were offered to the Commission Corp. (Home Service); (c) reply, filed Nov. 28, before, and that the Commission spe demand for the service of Station KGA- 593. 1969, by Natick. Additional pleadings con- cifically rejected RBC’s arguments and cerning, Hatick’s motion before the Board the import of those affidavits in the des 10. It is further ordered, That Issues include: ( a) Motion for leave to file supple ignation order. Day-Nite contends that 1(c) and 2(b), as specified in the desig ment and supplement to Natick’s supple since RBC has shown neither that the nation order herein, are modified to read mentary motion to enlarge issues, filed Dec. 3, Commission did not fully consider the as follows : 1969, by Natick; (b) opposition, filed Dec. 12, 1(c) Whether Day-Nite violated any of 1969, by Home Service; (c) motion for leave matter nor any new facts in this regard, to file supplemental opposition and supple a grant of the requested issue is barred the requirements of the Commis mental opposition, filed Jan. 7,1970, by Home by Atlantic Broadcasting supra. The sion’s rules, specifically with respect to Service; and (d) response, motion for leave Common Carrier Bureau, in its com §§ 21.107(C), 21.109(b), 21.120(a), 21.200, to file reply to supplemental opposition, ments, states that the contents of both 21.201(a), 21.205(m), 21.205(0), 21.208 and reply to supplemental opposition, affidavits were duly considered by the (e), 21.208(g), 21.213, 21.515(b) and, if Jan. 16, 1970, by Natick. These additional Commission, as was the information con so, the impact of such violations on the pleadings, although untimely, will be ac tained in the affidavit submitted on be qualifications of Day-Nite to be a cepted by the Board since they have a direc bearing on the matters in dispute and since half of Day-Nite, and that, on the basis DPLMRS licensee. the Board has decided to treat the men of all* of the information contained in 2(b) The present and proposed areas of the requests made by Natick. all of these documents, it was deter and populations within RBC’s present 2 Related items before the Board concern mined that any further consideration of and proposed contours in accordance ing Home Service’s motion are: (a) OPP0®1" this contention was unwarranted. Suf with § 21.504 of the rules, and the needs tion, filed Jan. 20, 1970, by Natick; (b) com ficient latitude exists, the Bureau de and demands for the service on the ments, filed Jan. 21, 1970, by the Broadcast clares, under Issues 1(c), as modified, Bureau; (c) reply, filed Feb. 6, 1970, y present and additional frequency in said Home Service. The further motion is timeiy and 1(d) to permit the necessary and proposed areas. appropriate inquiry to be made concern filed since it is based on facts that were 11. It is further ordered, That Day- available until Dec. 31, 1969, following ing any possible failure by Day-Nite to Nite Radio Message Service Corp. shall presentation by Natick of the initial log and/or to monitor its existing have the burdens of proceeding and proof davits, dated Nov. 21, 1969, and No . » facility. with respect to Issue 1(e) . 1969, respectively.

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 NOTICES 10171 male minors in August of 1966, allegedly is present, it points to recent changes in public interest benefits inherent in the obscene moving pictures and whether its communications counsel. Finally, orderly and fair administration of the such event led to the issuance of a search Natick submits that, even if good cause Commission’s business. However, the af warrant on or about August 29, 1966, to for the late filing is not found, it would fidavits attached in support of the ap search that principal’s home, and be in the public interest for the Board to plicants’ respective pleadings raise seri whether that principal made improper consider the merits of the proposed is ous public interest questions, due to the sexual advances or otherwise acted im sues, in light of the “graveness” of the apparent contradictory statements con properly with respect to male minors matters raised, citing The Edgefield- tained therein, which necessitate our visiting his house on or about August 17, Saluda Radio Co., 5 FCC 2d 148, 8 RR consideration of all matters raised by 1966;4 to determine whether Home Serv 2d 611 (1966). the pleadings. Although the remaining ice has misrepresented its programing 3. Home Service counters that all the issues requested by Natick are similarly plans to the Commission with respect to facts on which the pleading is based were untimely and involve much less serious the use of automated programing; to known to, or should have been known public interest questions, we will, never determine whether Home Service en by, Natick through the exercise of even theless, consider the merits of these re gaged in further construction of its pro a modicum of diligence and that the quests in order to avoid any further de posed station after the Commission had retention of different communications lay in the prosecution of this proceeding. stayed the effectiveness of the construc counsel is not an adequate basis for con Character and misrepresentation is tion permit previously issued to Home sidering these tardy requests. Home sues. 5. A brief summary of the manner Service; and to determine whether the Service contends that it is “incredible” in which the issues requested in this pro rate card proposed to be issued by Home that Fox, a practicing lawyer for over ceeding arose may prove useful in plac Service was deceptive as to prospective 18 years, did not know that an affidavit is ing the instant requests in their advertisers and unfair as to other local required in support of a search warrant proper perspective. The pleadings before broadcast stations. Home Service, in its in Massachusetts; 7 that Natick has us originally arose out of Natick’s dis motion to enlarge issues, requests the failed to meet Rule 1.229(c) requisites;8 covery by Fox of a search warrant issued addition of the following issue against and, finally, that the Edgefield-Saluda by the Natick District Court on or about Natick: doctrine is not applicable here since August 29, 1966, which authorized the To determine the facts and circum there is no “substantial likelihood” that search of a house occupied by a Home stances surrounding the preparation and any of the allegations have any bearing Service principal to discover allegedly execution of affidavits by [Affiant A ]5 on the character qualifications of Home obscene pictures. In further support of dated November 21,1969 and by [Affiant Service or of its principals. The Broad these issues, Natick filed affidavits of two B] dated November 28, 1969 and filed cast Bureau, although not convinced that minors (Affiant A and Affiant B ), who with the Commission by Natick Broad Natick exercised “reasonable diligence” were present at the home of Home Serv cast Associates, Inc., and to determine, in the filing of its request, is of the opin ice’s principal, on August 17, 1966, when based on these facts and circumstances, ion that, under Edgefield-Saluda, it is these allegedly obscene pictures were whether Natick Broadcast Associates, appropriate to consider the public in shown. This action prompted Home Serv Inc., and its principal. Leon M. Fox pos terest questions raised. In reply, Natick ice to obtain affidavits from the same sess thé requisite character qualifica reasserts that it acted with all due dili affiants who repudiated their former af tions to be a licensee of the Commission. gence and that, in any event, the motion fidavits in certain material respects con Timeliness of Natick’s motion to en should be considered pursuant to the cerning the activities of Home Service’s large issues. 2. Natick concedes that its mandate of Edgefield-Saluda. principal and the role of Fox in obtain motion to enlarge does not comply with 4. The Review Board is of the opinion ing the former affidavits.® Since these the time limitation set forth in § 1.229 that no persuasive showing of good cause later affidavits formed the basis for Home (b) of the Commission’s rules. However, has been made sufficient to justify the Service’s request for a character issue as Natick asserts that its tardiness was un untimely filing of Natick’s request. We to Fox and Natick (concerning the man avoidable since Mr. Leon M. F o x8 did not are unconvinced that Natick’s general ner in Which the initial affidavits were learn of the existence of the search war counsel, in practice for over 18 years, obtained), the Board has combined this rant that prompted this request until was not cognizant of the fact that a request with Natick’s motion to enlarge May or June of 1969, and since he was search warrant must be supported by an issues so as to facilitate the disposition unable to read the written affidavit sup affidavit. Since the existence of the of these interrelated matters. However, porting the search warrant until Sep search warrant was discovered in May these matters are further complicated by tember 26, 1969. This delay, Natick con or June of 1969, Natick had 3 to 4 still another set of affidavits, filed by Fox tends, was due to Fox’s unfamiliarity months, prior to the deadline for filing and Paul G. Murphy,10 to' explain the with procedures in criminal cases—he petitions to enlarge, to timely file the manner in which they obtained the first had never, prior to May or June of 1969, enlargement request. It is apparent that set of affidavits and to support Natick’s read a search warrant and did not know the facts on which the pleadings are initial request as well as Natick’s opposi that an affidavit was required in support based could have been discovered tion to Home Service’s requested issue. thereof. In further support of Natick’s through the exercise of reasonable dili In order to disentangle the facts before contention that good cause for late filing gence at a much earlier time. Equally un us, the Board will first discuss the search availing is Natick’s claim concerning the warrant“ aspect of this proceeding and then present a detailed analysis of the * This issue differs from the issue originally retention of new counsel. Natick has been requested by Natick; it was- revised and ex represented by counsel throughout this series of seven affidavits that form the panded by Natick’s supplement to its mo proceeding and cannot now avoid the ef basis of the requested issues. tion to enlarge issues, filed Dec. 3, 1969. This fects of lack of diligence by asserting 6. As noted previously, Natick’s first issue, as well as the other issues requested that it has changed counsel for the third requested character issue against Home by Natick, also requires a determination of time. The Board also concurs with Home the effect of the evidence adduced on the Service that the request for character » Home Service had previously filed an af basic or comparative qualifications of Home fidavit of its principal in opposition to Service to be a licensee. issues does not meet the test set forth in the Edgefield-Saluda case, since the Natick’s request. 5 In view of the fact that two of the affiants 10 Murphy is an attorney who works as a nerein appear to have been minors at the likelihood of proving these allegations law associate out of Fox’s office. Murphy was am16 °f t3ie alleSed incident to which they are not so substantial as to outweigh the present during the taking of the initial af mrm, the Board is of the view that it would fidavits, presumably for the purpose of nota ® aPPropriate to refer to these persons 7 Sucb an affidavit has apparently been rizing the affidavits. erely as Affiants A and B. Also, in light of required in support of a search warrant since 11 Fox also filed an affidavit explaining the ne nature of the allegations, the Board has the adoption of the Massachusetts Constitu circumstances under which he discovered the en fit not to divulge the identity of Home tion in 1780. search warrant and affidavit in support Service’s principal. 8 These requirements were subsequently thereof, but this affidavit (attached to Na , * Fox is a stockholder and clerk met by additional pleadings filed hy Natick tick’s original request), should not be con for0-»6« of Natl°k. and is general counsel in support of its requested issues, which in fused with Fox’s later affidavit concerning tv.« « ke has held these positions since cluded supporting affidavits of those with the circumstances surrounding the taking corporation’s inception. personal knowledge of the facts. of the affidavits of Affiant A and Affiant B.

FEDERAL REGISTER, VO L 35, NO. 120— SATURDAY, JUNE 20, 1970 10172 NOTICES

Service specified in its motion to enlarge search warrantu was returned with movies; (10) that the principal said he was subsequently revised and expanded nothing found and since its principal was knew some of the people in the movies in a supplementary pleading, filed De not charged with any unlawful conduct and said he was “queer” and he did not cember 3, 1969. As originally specified, of any kind as a result of the search. want his next door neighbor to see the that issue would inquire into the facts Home Service contends that the pre movies. After noting several inconsisten and circumstances surrounding the is sumption of innocence has not been re cies between the affidavits of ««Home suance of the search warrant on Au butted since there has been no complaint, Service’s principal and Affiant A, which, gust 29, 1966, to search the premises of no prosecution, and no other claimed it is contended, must be explored at hear Home Service’s principal and the effect violations of law by this principal or any ing, Natick concludes that Affiant A’s of the evidence so adduced upon Home other principal of Home Service. In affidavit alone furnishes sufficient sup Service’s requisite qualifications. Based further opposition, Home Service submits port of the search warrant affidavit to on an affidavit of Leon M. Pox and copies a November 4, 1969, affidavit of the prin necessitate enlargement of the issues. of the search warrant and supporting af cipal involved concerning the date in 9. Natick’s supplement to its motion to fidavit, Natick points out that the search question, who states, inter alia, that: (1) enlarge issues contains the December 3, warrant authorized a search of the prin His home was searched, and nothing 1969, affidavit of its communications cipal’s premises for allegedly obscene pic obscene was found; (2) Shulman came counsel, in which he states that he was tures; that the affidavit in support of to his house with six or seven other per attaching a copy of a “handwritten” the warrant indicates that, as the result sons; (3) he (the principal) had not affidavit of Affiant B, dated November 28, of a prior investigation, Massachusetts previously known these other persons; 1969. Affiant B, another of the minors police authorities learned that one Sid (4) he told Shulman that he had no beer, allegedly present at the principal’s house ney Shulman“ and several young boys whereupon Shulman went out of the during the night in question, states, in had visited the home of the Home Service house and brought some back; (5) he his affidavit, inter alia: (1) That he and principal on August 17, 1966; and that did not know that any of the boys were three other boys had previously met the said principal had served beer and had minors; and (6) no obscene pictures were principal at Shulman’s house in July of shown allegedly obscene pictures during shown. The Broadcast Bureau, in its 1966; (2) that the principal brought beer the course of the visit. Fox, in his affi comments, points out that the local au out from his refrigerator during the visit davit, claims that the local authorities thorities, with all of thè facts before of August, 1966; (3) that the principal have documentation and other evidence them, have done nothing to indicate that brought out the films at Shulman’s re in support of the warrant’s affidavit, but they believe that Home Service’s prin quest, set up the projector and screen, that these police files can only be pro cipal did, in fact, commit a crime. Since and showed the films; (4) that the mov duced pursuant to a valid subpoena.13 Ac the local authorities would have acted ies were of “male nude sex orgies” in cording to Pox, the same local author if the circumstances warranted such ac volving certain sodomous acts; (5) that ities informed him that at least one of tion, the Bureau is of the opinion that the principal, as did Shulman, moved the boys involved in the incident was Natick has failed to make a persuasive among the boys and tried to entice them under 16 and that a number of others showing. into the bedroom; and (6) that the prin were under 18. Natick asserts that the 8. Natick’s reply contains the Novemcipal said he was “queer and gay” and acts reported to have been committed by ber 28, 1969, affidavit of its communica wanted to go to bed with the boys. Natick the principal, i.e., serving beer to minors tions counsel, in which he states that he again points to certain inconsistencies and showing obscene pictures to minors, was attaching a copy of a “handwritten” between the affidavits of Home Service’s “if in fact committed, presumably vio affidavit of Affiant A, dated November 21, principal and Affiant B which allegedly lated several statutes of the Common 1969. Affiant A, one of the minors al require further inquiry. In light of Affi wealth of Massachusetts.” These charges, legedly present at the home of Home ant B ’s statements concerning the prin according to Natick, raise serious ques Service’s principal during the night in cipal’s actions during the evening of Au tions concerning the basic qualifications question, states, in his affidavit, inter gust 17, 1966, Natick suggests a revision of Home Service which should be inves alia: (1) That the boys knew the prin and expansion of the issue requested tigated by the Commission. The peti cipal by another name; (2) that he and previously in order to embrace all of the tioner also notes that the fact that the two other boys had previously met the events which allegedly occurred at the search warrant was returned with the principal at Shulman’s house in early principal’s home on August 17, 1966. See notation “ [nlothing obscence found” is August; (3) that the principal and paragraph 1, supra. not conclusive, especially since there is Shulman told them at this meeting that 10. Subsequent to Natick’s submission documentation supporting the charges they would arrange a party in about a of the affidavits of Affiants A and B, made in the warrant’s affidavit in Massa week or so at the principal’s home; (4) Home Service allegedly interviewed the chusetts police files and since the con that, after arriving at the principal’s same two affiants. The affidavits obtained duct underlying the charges can be home on August 17, 1966, Shulman went from these individuals by Home Service considered by the Commission in passing out and brought back beer and that the were filed as a supplement to its opposi upon the principal’s and ultimately the principal stated he had beer in the house; tion to Natick’s motion to enlarge and applicant’s qualifications. (5) that Shulman and the principal as support for its requested character “broke out some movie films” and the issue against Pox and Natick. It is Home 7. In opposition to Natick’s originallatter put them in his projector and request, Home Service asserts that Na Service’s contention .that these affidavits showed them; (6) that the films were disclose the manner in which the Natick tick’s accusation is baseless since the “stag movies” of nude muscular men affidavits were obtained and presented to walking through the woods; (7) that, at the Commission, and which “indicates 12 Shulman is not a party to the Home the time, he was 16, and the other boys a shocking lack of candor and truth Service application. Fox, in his affidavit, ex were 17, 18, and 19 years old; (8) that and an attempt by Natick to misrepre plains that Shulman fled the Massachusetts he gave a statement a few days later to sent to the Commission the factual basis jurisdiction after having been apprehended the Worcester Police Department con for its motion to enlarge issues. In sup and released on bail pursuant to indictments port of these allegations, Some Service returned against him in the Worcester cerning what took place at the principal’s County Superior Court of Worcester, Mass. house; (9) that the principal sat in a relies on copies of “handwritten” affi davits of Affiants A and B, dated Decem 13 On Dec. 2, 1969, Natick requested the chair, drank beer and showed the Examiner to issue a subpoena duces tecum ber 21, 1969, and December 31, 1969, re- to Sergeant Fahey, Chief of the Headquarters respectively. Affiant A, when interviewed Squad of the city of Worcester, Mass., Police 14 Home Service also argues that the searchby Home Service, stated inter alia: (l) Department, to compel production of docu warrant was defective under applicable law That Pox told him they could talk in ments which allegedly support the affidavit and that the warrant would have been sup the car if he didn’t want his parents in filed for the issuance of the search warrant. pressed had an appropriate motion been This motion was denied by the Examiner, made, since it did not contain an adequate volved; (2) that Pox wrote down what FCC 69M-1684, released Dec. 19, 1969. description of the objects to be seized. he said; (3) that he thought Fox and

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Murphy were lawyers representing Home intentional filing of misleading docu Whatever Affiant A said, he wrote down Service’s principal; (4) that he told Fox ments which allegedly misrepresent and exactly in the speaker’s words; (8) he that Shulman went out to his (Shul- distort the facts, would warrant his cen read the statement over line by line to man’s) car to get the movies; (5) that sure or disbarment by the Commission. Affiant A, asked if it was all the truth, Shulman threaded the projector and that Furthermore, Home Service insists that and that Affiant A responded “yes”; (9) Affiant A did not know where the pro the interrogations of the affiants were he did not holler, shout, or intimidate jector came from (at this point, Affiant conducted in such a manner that only Affiant A, nor was he rude to him; and A relates that Fox got mad and said “We the “preconceived result” desired by Fox (10) he only questioned him in a direct are not interested in Shulman, we are would be forthcoming; that such action examination form. With regard to the interested in [Home Service’s princi falls short of the standard of conduct affidavit of Affiant B, Fox states, inter pal].”) ; (6) that he could not remember required of Commission applicants; and alia, that: (1) Affiant B elected to be in the principal doing anything wrong (at that, accordingly, a disqualifying issue terviewed in the car; (2) Fox explained this point, he stated, Fox hollered at is required. his interest in Natick and that he was him); (7) that Fox more or less told 12. The Broadcast Bureau, in its com a principal; (3) he told Affiant B that him what happened during the night at ments on Home Service’s requested issue, the very “worst” that could happen to the principal’s home; (8) that he told notes that the Commission is now con him would be that he would be sub Fox that he did not recall any acts of fronted with four affidavits (two affi poenaed to go to Washington to testify sodomy in the films—because if there davits by both Affiant A and Affiant B) and would receive a witness fee and travel were any he would have remembered; which have formed the foundation for expenses as allowed by law; (4) he told (9) that Fox was rude and he let Fox put requests for the addition of character Affiant B that he had spoken to Affiant down what he wanted, and when he told issues in this proceeding and that Affi A, but did not discuss with Affiant B any Fox the information was not true, Fox ants A and B are now retracting their of the contents of the statement he had would start arguing with him; (10) that previous affidavits and accusing Fox, a already obtained from Affiant A; (5) he he told Fox all the principal did was sit Natick principal, of preparing and sub wrote down exactly what Affiant B told in a chair and be quiet; (11) that the mitting false affidavits to the Commis him; (6) he questioned Affiaftit B in the principal had beer which Affiant A got sion. The Bureau concludes that, since direct examination form; and (7) he himself (although Fox kept insisting that the “affidavits raise very serious ques went over the statement line by line with the principal served the beer); (12) that tions on all sides,” these matters should Affiant B, who indicated the statement the principal did not touch any of the be fully explored through the hearing was all true. boys present; (13) that the movies were process. 14. Murphy, in his affidavit of Janu “muscle type films” not “sex films” ; (14) 13. In opposition to Home Service’s ary 10, 1970, first describes, as did Fox, that when he told Fox some parts of request for a character issue, Natick as the manner in which the affidavit of the statement were not true, Fox said: serts that Home Service acted with a Affiant A was obtained stating, inter alia, “Roughly that is what happened,” and “surprising degree of recklessness” in that: (1) He went along with Fox to serve Affiant A responded, “yes”; and (15) that making its “unprecedented personal at as a disinterested witness and as a notary the principal did not make any improper tack” upon a respected member of the public; (2) the January 5, 1970, affidavit suggestions or advances to anyone at the Massachusetts bar on the sole basis of of Affiant A contained many “untrue” party. the affidavits obtained by Home Service statements; (3) Fox made it very clear 11. Affiant B, when interviewed byfrom Affiants A and B. In defense of that he was not the attorney for Home Home Service, stated, inter alia: (1) Fox, Natick submits Fox’s personal state Service’s principal; (4) Affiant A, on That on four occasions during his inter ment of all of his civic, religious, char November 21, 1969, had said that Shul view with Fox, Fox stated that the “least itable, literary, legal, business, scholastic man and the principal “broke” out some he [Affiant B] could get out of this and governmental accomplishments from films in direct contradiction of his state would be an all expense paid trip to the time he was admitted to the bar in ment of January 5, 1970, wherein Affiant Washington for two or three days”; (2) 1951 to the present.15 In addition, Natick A stated that Shulman went out to his that Fox said he was representing a attaches affidavits of Fox and Murphy, car to get the films; (5) Fox never hol group opposing the principal for a radio which jlescribe the manner in which the lered at Affiant A, nor was he rude, station; (3) that Fox told him that he initial affidavits of Affiants A and B were threatening or argumentative; (6) Fox had a complete statement from Affiant taken. Fox, in his affidavit of January 10, asked no leading questions; and (7) Fox A and that Fox knew all about what 1970, first describes the manner in which at no time told Affiant A what had hap happened that night; (4) that Fox talked the affidavit of Affiant A was obtained pened at the party. With regard to the jo him as if Affiant A “had just said all stating inter alia, that: (1) The Decem interview with Affiant B, Murphy’s affi the things he was suggesting to me”; ber 21,1969, statement of Affiant A taken davit further states, inter alia, that: (1) (5) that Fox phrased nearly every ques by Home Service is almost completely Fox did not put words in Affiant B ’s tion with the words “Didn’t this happen false; (2) Affiant A preferred talking in mouth, but merely tried to clarify what and didn’t that happen?’? (6) that he the car so his mother could not see them; Affiant B related when Affiant B made went along with what Fox said Affiant A (3) he (Fox) told Affiant A of his interest statements that were inconsistent with had told Fox; (7) that Fox wrote down in the matter and that he was being ques his prior statements; (2) Affiant B ’s what he said; and (8) that he signed tioned as a disinterested eyewitness to statement of December 31,1969, contains the statement just to get the interview the event; (4) he told Affiant A that he several “distortions”; (3) Fox did not tell over with. Home Service, in support of was only interested in Home Service’s Affiant B that he had a complete state ns request for a character issue against principal; (5) Affiant A sat in the right- ment from Affiant A; (4) Fox used a : ox &nd Natick, asserts that Fox had no front seat next to the curb and was free direct examination technique in this intention of presenting accurate state to leave at any time; (6) Affiant A at no interview; and (5) at no time was Affiant ments to the Commission and that Fox’s B the least bit nervous, frightened, or only interest was obtaining self-serving time appeared nervous or tense;16 (7) embarrassed. statements to serve his client of which 15. It is Natick’s contention that the he is a principal, a patent conflict of in- 15 This statement has been admitted into affidavits of Fox and Murphy clearly erest of the most pernicious sort.” In evidence as Exhibit 30 by the Hearing Ex establish that: R e g a r d , Home Service avers that the aminer, except as to the material pertaining (1) Both Affiant A and Affiant B will mdavit of Affiant B was merely Fox’s to Mr. Fox’s wife. ingly granted interviews to Mr. Fox. atement of what he wanted Affiant B to 16 Fox also states that he thought “that (2) During each of the interviews the anyone who met [Affiant A] would quickly y and that Fox’s statements to Affiant interviewee was in the right-front seat about what Affiant A told Fox were conclude that he is not likely to be fright ened, tense or nervous at a layman question of Mr. Fox’s car and was free and able Fnv false* Home Sendee asserts that ing him on any type of level, and does not at any time to leave the car; demonstrated a lack of forth- appear to be the type that would likely to (3) Both interviewees volunteered in “™ ess and candor, and that, were he be [sic] intimidated even by a law enforce formation not previously known to Mr. practicing before the Commission, his ment official.” Fox or Natick;

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 10174 NOTICES

(4) Mr. Pox did not put words into the cannot be considered adversely against the principal brought out beer for them.20 interviewees’ mouths, and the interviews him, nor affect the comparative con The Home Service principal further were conducted in a proper manner; and sideration of the corporate applicant, relates that no obscene pictures were (5) Both interviewees specifically especially when the warrant was returned shown during the evening, whereas stated on a line by line basis, that their without the discovery of the alleged ma Affiant A states, in both of his affidavits, statements were true before they exe terials. The Commission has held that that the movies were of nude muscular cuted their respective affidavits. criminal prosecution of an applicant men walking through the woods, and which results in acquittal cannot be con Affiant B alleges, in his first affidavit, Por these reasdns, Natick concludes that sidered adversely to the applicant nor that the films depicted male sex orgies.21 there are no substantial and material The conflict of the affiants here is plain questions of fact raised which require a affect his qualifications to be a licensee. See James A. Noe (WNOE), ;3 FCC'799, and concise. Therefore, due to these ir hearing on the issue requested by 'Home 4 RR 1441 (1949). In the instant case, the reconcilable factual inconsistencies, the Service. local Massachusetts authorities, with all Board is constrained to specify a mis 16. In reply, Home Service urges that, representation issue against Home Serv if Fox’s biographical statement is rele the relevant facts before them, have done nothing to indicate that Home Service’s ice and its principal. As we noted in vant to the Review Board’s considera principal has committed a crime. Since Five Cities Broadcasting Co., Inc., FCC tion of Home Service’s motion to en 62R-153, 24 RR 743, where, as here, we large, then the absence of any adverse no complaint, indictment, or other action allegations concerning the life of its prin has been brought against the individual, have affidavits, each contradictory of the the Board is not convinced that the pre other, the only appropriate resolution cipal is similarly relevant to Natick’s sumption of innocence that attaches to of the conflicts is oh the record in hear motion to enlarge issues. With regard to the Fox and Murphy affidavits, Home such an individual has been rebutted. ing. An appropriate issue will be Moreover, we note that the Commission Service submits that these affidavits specified. has traditionally declined to interfere in 19. In support of its motion to enlarge, establish clear factual disputes with the Home Service contends that a character affidavits of Affiant A and Affiant B ob matters of alleged violations of State law where the State officials, themselves, have issue is warranted due to the manner in tained by Home Service, and that these apparently deemed the allegations to be which Fox obtained the affidavits of differences can only be resolved by evi Affiants A and B. For this reason, Home dentiary hearing. In addition, Home nonmeritorious. Cf. Home Service Broad Service avers that the issue of Pox’s casting Corp., 21 FCC 2d 168, 18 RR 2d Service submitted the later affidavits of 63 (1970); North American Broadcasting said affiants, dated December 21, 1969, qualifications cannot be decided on the Co., Inc., 15 FCC 2d 979, 15 RR 2d 311 and December 31, 1969, respectively, basis of affidavits since credibility is now describing the manner in which their in issue, particularly in respect to the (1969). The question, if one exists, as to whether or not there have been violations first set of affidavits was taken by Fox. affidavit of Fox.17 Furthermore, Home These affidavits also apparently repudi Service argues that Natick cannot have of State law is initially one for the Com monwealth of Massachusetts, and is not ate the affiants’ earlier affidavits given it both ways—that if the Review Board to Fox. In opposition, Natick filed the finds that the affidavits given to Home properly the subject of a determination in this proceeding. affidavits of Fox and Murphy in order Service by Affiants A and B cannot be to give their view of how the affidavits credited, then the Review Board may not 18. Although the Board has decided give credence to the initial affidavits from to deny Natick’s request for character were obtained. Affiant A, in his affidavit issues going to the allegedly improper taken by Home Service, states that he the same individuals obtained by Natick. got the impression that Fox represented If anything, Home Service avers that activities of Home Service’s principal the affidavits given to Home Service by (paragraph 17, supra), we are of the Home Service’s principal, since Fox was only interested in what the principal had Affiants A and B must be accepted and opinion that serious questions of possible misrepresentation are clearly raised by done wrong, whereas Fox and Murphy those given to Natick must be rejected relate in their respective affidavits that since both affiants effectively renounced virtue of the affidavits submitted by the Fox specifically apprised both affiants of their initial affidavits given to Natick. In competing applicants. The affidavit of reply to Natick’s characterization of its its principal, submitted by Home Service his interest in the matter. Affiant A states that Fox on a few occasions got pleading, Home Service asserts that there in support of its opposition to Natick’s has been no “personal attack” against requested character issues, contains angry, hollered and was generally rude to him, whereas Fox and Murphy state Fox which would not have been made in many matters that are clearly incon the same premises on any other prin sistent with certain alleged facts that that Fox did not holler, shout or other cipal of Natick, lawyer or layman; and have remained constant in the affidavits wise intimidate either of the affiants. Both affiants A and B allege that Fox that the “recklessness” is not that of of Affiants A and B. In the affidavit of November 4, 1969, Home Service’s prin more or less told them what had hap Home Service but of Natick which filed pened and that he asked leading an “unprecedented personal attack” on cipal states that he did not previously questions, whereas Fox and Murphy one of its principals. know any of the minors18 present at his 17. Preliminarily, the Board will ad home during the night in question, claim that Fox only wrote down what whereas both Affiants A and B contend the affiants told him and that he only dress itself to the character issues that questioned the affiants by the direct have been raised by Natick in connection in their affidavits of November 21, 1969, and November 28, 1969, respectively, examination technique. Affiant A also with the allegedly improper activities states that he told Fox at the end oi of Home Service’s principal and the is that they had been introduced to him by Shulman at Shulman’s house a week the interview that not all of the infor suance of the August 29, 1966, search mation in the statement was true; ana warrant. We realize that persons holding or so earlier.18 The principal also avers that he had no beer in the house that that Fox remarked that it was “roughly substantial interests in broadcast com what happened. However, Fox ana panies must be keenly aware of and re night, whereas Affiant A claims, in his first affidavit, that the principal offered Murphy allege in their affidavits that, sponsive to rules and regulations of State in each instance, Fox read the statemen and Federal jurisdictions as well as ob beer to the visitors, and, in his second back to the particular affiant on a lin servant of those of the Commission. affidavit, that Affiant A himself went by line basis and that each swore tha^ However, the fact that a search warrant out and got the beer (from the kitchen) ; it was completely true. Affiant B con had been issued in 1966 for the discovery of allegedly obscene materials at the Affiant B, in his first affidavit, avers that tends, in his affidavit, that, on four premises of a Home Service principal separate occasions, Fox remarked tha 18 The principal also contends that he did“the least he could get out of this would 17 Home Service further alleges that, insonot know that any of the boys present were far as the Fox and Murphy affidavits are di minors, whereas Affiant A stated he was 16 rected to the states of mind of Affiant A and years old at that time and the other boys ■here was no mention of the princjP^® Affiant B, they are not affidavits of persons present were 17, 18, and 19. See paragraph 8, ng or serving beer in Affiant B s sec with personal knowledge and cannot be con supra. sidered as proper rebuttal of affiants’ second 18 This matter was not repudiated by either Lffiant B did not discuss the subject affidavits. Affiant A or B in their subsequent affidavits. sr of the movies in his second affi

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 NOTICES 10175 be an all expense paid trip to Washing graining in view of the amount and fre Court’s decision by Natick via telegram, ton for two or three days,” whereas Pox quency of the local live programing pro dated November 7,1967, Natick contends, and Murphy affirm that Pox stated that posed by Home Service. Natick asserts Home Service did not cease construction, that was the “worst” that could happen. that, since Home Service never informed and blatantly disregarded the Commis Affiant B also states that he informed the Commission of its intention to use sion’s order by continuing construction Fox that he had forgotten most of what automated programing, the public inter beyond December 6, 1967. Natick alleges went on that night and that Fox stated est requires full inquiry into whether that such conduct calls into question the he had a complete statement from Affiant Home Service has acted with candor in basic character qualifications of Home A and that Pox knew all about what its representations to the Commission. Service and requires the addition of an happened. In response, Pox replies that Home Service, in opposition, charges that appropriate issue. he did not discuss with Affiant B any of Natick’s request is based on a “complete 24. Home Service, in its opposition, the contents of Affiant A’s statement, misconception” of what automated asserts that Natick’s request is clearly and Murphy supports this statement. equipment entails. Home Service points frivolous since constructing a safety Affiant B also states that he merely went out that the possession of automated fence and painting the trim on a build along with what Pox said occurred on equipment by a station does not neces ing do not amount to construction under the night in question. Fox states that sarily result in 100 percent automated any test, but merely involve, the mainte Affiant A’s affidavit of December 21,1969, programing, and that, in fact, live broad nance of an existing structure.23 The is “almost completely false,” and casts on automated stations are com Bureau, in opposing the issue, claims Murphy claims that it contained many monplace. In conclusion, Home Service that Home Service did not act improp untrue statements. Murphy describes contends that this new equipment would erly in continuing construction until or Affiant B’s December 31, 1969, affidavit free station personnel from routine oper dered to cease by the Commission. The as containing “several distortions.” ations to devote more time to the prepa fact that Natick requested Home Service 20. Based on these later affidavits ofration of live programing and to the to cease construction is not controlling Affiants A and B, Home Service contends gathering and editing of news, all of in the Bureau’s view since the governing that Pox had no intention of presenting which can readily be broadcast between date is the date the Commission ordered to the Commission factually accurate automated segments. The Broadcast construction to cease. The Bureau recog statements, and that he intentionally Bureau is of the opinion that automated nizes that the stay order must be read filed misleading documents and misrep programing is in no way inconsistent with a modicum of reasonableness, and resentations with the Commission. The with Home Service’s programing repre contends that, if a dangerous condition Review Board, on the basis of the plead sentations and that there is no basis for exists at the construction site, the per ings before it, is of the belief that the adding the requested issue. mittee can take such measures as are allegations are sufficient to raise a sub 22. The Review Board is in accord necessary to protect itself and the public stantial question as to whether Pox did, with the views espoused by Home Service from thè potentially dangerous condi in fact, wrongfully influence the affiants, and the Bureau. The issue requested by tion. Therefore, the Bureau concludes and therefore to warrant the addition of Natick is not warranted. The request is that there is clearly no violation of the an issue to permit the parties to adduce clearly deficient; it cites no figures to Commission’s stay order and that these the requisite record in hearing to deter demonstrate the amount of time that actions of Home Service were clearly not mine what actually occurred. The affi Home Service proposes to devote to live “construction of broadcast facilities.” davits of Pox and Murphy clearly con broadcasts, and it fails to assess the spe 25. The Review Board agrees with flict with those of Affiants A and B in cific impact upon Home Service’s pro Home Service and the Broadcast Bureau many material respects. This alone gram proposal that would result from that the requested issue is not war would ordinarily dictate the addition of the utilization of automated equipment; ranted. The erection of a protective fence the requested issue. However, in addition in other words, it lacks any specific around a transmitter tower and the to the conflicts, there is raised, by the allegations of fact. In our view, live painting of the trim on a transmitter affidavits of Affiants A and B, a strong broadcasting does not, as a matter of shack amount to no more than protec inference that Pox may have wrongfully course, cease with the acquisition of tive maintenance of the existing struc or unduly influenced the affiants or automated equipment by a station. In ture; in no sense can such actions be otherwise misrepresented their state deed, there is virtually no distinction deemed further construction of buildings ments. Furthermore, the Board notes between live broadcasts and programs or facilities necessary for the operation that the affidavits of said affiants (ob taped on the premises of a local station of a broadcast station. Indeed, a permit tained by Natick) are remarkably sim for later broadcast. Moreover, the use of tee would be remiss in its obligation to ilar in phraseology, and that, as indicated taped programs can be successfully inte the public as well as to the Commission in Fox’s affidavit, they are definitely not grated with live programs so as not to if it were to leave its construction site the “handwritten” affidavits of the affi affect the character of the program ma in an inherently precarious state. Since ants as represented by Natick’s commu terial. Since the two methods of broad Home Service was under a continuing nications counsel.22 These discrepancies, casting are not necessarily mutually ex obligation to construct its facility until coupled with the conflicting affidavits, clusive, the issue will not be specified. notified by the Commission to cease such raise serious questions which require the Construction issue. 23. On July 6,1967, construction and since Home Service’s addition of an appropriate issue against the Commission announced the grant Pox and thus Natick, so that the matter actions thereafter did not constitute without hearing of the Home Service violations of the stay order or amount may be appropriately resolved in an application. However, upon Natick’s ap evidentiary proceeding. to further construction of the Home peal to the U.S. Court of Appeals for the Service facility, the requested issue will Lack of candor issue. 21. Natick con- District of Columbia Circuit, the case not be specified. "®nds that an issue is required to resolve was remanded to the Commission for its Rate card issue. 26. Natick contends the discrepancy between the Home Serv further consideration. Natick Broadcast that Home Service’s proposed rate card ice application, which proposes a large Associates, Inc. v. FCC, 128 U.S. App. for Station WGTR violates Commission quantity of local live programing, and D.C. 203, 385 F.2d 985, 11 RR 2d 2065 rules in two respects; first, Natick al statements of a Home Service principal (1967). Subsequently, by order, dated leges the portrayal of the 0.1 mv./m. con reported in a newspaper article to the December 6,1967, the Commission stayed tour on the face of the card is “grossly cnect that Home Service’s station will the construction permit previously misleading” to advertisers, who might be Jr® automated programing. Natick granted Home Service pending further led to believe that their messages will i f ® 8 that it is extremely doubtful that proceedings before the Commission. Now, reach listeners farther away than will °me Service could use automated pro- Natick claims that Home Service con actually be the case; and second, it urges tinued construction of its facility after December 6, 1967, by painting the trim 9l ®ome Service’s communications counsel 23 Home Service also points out that at the fromr®^esented that the affidavits obtained on its transmitter shack and by the in time the stay was issued, it informed the bv ants A and B were “handwritten" stallation of a “protective” fence around Commission that it was constructing a fence not a a®an*s when apparently they were the base of the tower. In spite of the fact around its tower for safety and that it would that Home Service was notified of the engage in no other construction.

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 10176 NOTICES that the representation in the rate card large issues, filed on March 12, 1970, by (b) To determine the facts and cir that the station is on “Clear Channel Natick, for a period of 30 days to “en cumstances surrounding the preparation 1060AM” is deceptive since the Home able the parties to determine whether a and execution of affidavits by certain Service facility is a Class H station, not settlement can be worked out and, if so, minors, dated November 21, 1969, and a Class I “Clear Channel station.” In to prepare and make an appropriate fil November 28,1969, respectively, and filed opposition to the requested issue, Home ing with the Board.” The Broadcast Bu with the Commission by Natick Broad Service attacks Natick’s allegations as reau, by letter, dated and filed May 4, cast Associates, Inc., and to determine, being “naive in the extreme.” In this 1970, opposes the request on the ground in light of-the evidence adduced pur regard, Home Service points out that that any settlement agreement pursuant suant to this issue, whether Natick Natick does not allege that the WGTR to § 1.525 of the rules could not be con Broadcast Associates, Inc., or its prin contours are incorrectly depicted on the sidered by the Board until outstanding cipal has made misrepresentations to the rate card, and cites no authority that dis motions to enlarge seeking character Commission or has, in any manner, at tinctions must be made between Class I qualifications issues are considered and tempted to deceive or mislead the Com and Class II stations on rate cards. Home issues, if added to the proceeding, are re mission, and, if so, to determine the ef Service emphasizes that it specifically solved. The Board, of course, agrees with fect of such conduct on the applicant’s labels its 0.1 mv./m. contour as “inter the Bureau’s position. Any request for basic and/or comparative qualifications mittent” and that there can be no dispute approval of a settlement agreement to be a Commission licensee. that 1060 kc. is a “Clear Channel” fre which the parties may subsequently file 32. It is further ordered, That the quency under § 73.25(b) of the Com cannot be considered until thé outstand burden of proceeding with the introduc mission’s rules.24 That the 0.1 mv./m. con ing motions to enlarge issues which re tion of evidence under issue (a) added tour is referred to as intermittent, Home quest character issues are disposed of herein shall be on Natick Broadcast As Service claims, recognizes the fact that and such issues, if specified by the Board, sociates, Inc., and that the burden of the intermittent service area may be are resolved. With our action here, we proof under said issue shall be on Home limited or destroyed by interference. note that several character qualifications Service Broadcasting Corp.; and that the Therefore, Home Service asserts, there issues are outstanding against the appli burden of proceeding with the introduc are no misrepresentations on the face of cants and that the resolution of these tion of evidence under issue (b) added its rate card, and no issue should be matters must precede the approval of the herein shall be on Home' Service Broad added. The Broadcast Bureau agrees reimbursement aspect of any settlement casting Corp., and that the burden of with Home Service that there is nothing agreement. Moreover, we do not look proof under said issue shall be on Natick deceptive about the rate card and that with favor upon the parties’ use of the Broadcast Associates, Inc. Home Service has made full disclosure informal technique of a letter request; 33. It is further ordered, That the letter to anyone who reads it. a formal request consistent with appli request for delay ih the Board’s con 27. The Review Board shares the views cable procedures is to be preferred. For sideration of pending motions, filed of Home Service and the Broadcast Bu these reasons, ther request for a delay in May 1, 1970, by Natick Broadcast Asso reau that the requested issue should be our consideration of pending motions to ciates, Inc. and Home Service Broad denied. Rule 73.25(b) designates the enlarge in this proceeding will be denied. casting Corp., is denied. frequency of 1060 kc/s. as a clear chan 29. Accordingly, it is ordered, That the nel, assigned for use by both a Class I motion for leave to file supplement to Adopted: June 8,1970. and a Class II station; therefore, Home Natick’s supplementary motion to en Released: June 10,1970. Service’s representation in this regard is large issues, filed December 3, 1969, by correct. Section 73.11(c) of the Commis Natick Broadcast Associates, Inc.; the F ederal Communications sion’s rules defines intermittent service motion for leave to file supplemental op Commission,25 area as the “area receiving service from position, filed January 7, 1970, by Home [seal] B en F . W aple, the groundwave but beyond the primary Service Broadcasting Corp.; and the mo Secretary. service area and subject to some interfer tion for leave to file reply to supple mental opposition, filed January 16,1970, [F.R. Doc. 70-7812; Filed, June 19, 1970; ence and fading.” Thus, Home Service, 8:47 a.m.] by labeling its 0.1 mv/m contour as in by Natick Broadcast Associates, Inc., are termittent, makes an express representa granted, and the pleadings attached tion that service which it may provide thereto are accepted; and [Docket No. 18710; FCC 70R-209] 30. It is further ordered, That the sup between this contour and its normally VOICE OF REASON, INC. (KICM) protected 0.5 mv/m contour may be plementary motion to enlarge issues, materially limited or destroyed due to filed October 10, 1969, by Natick Broad Memorandum Opinion and O rder cast Associates, Inc., is granted to the interference from other stations or fad Enlarging Issues ing. Thus, we do not believe that pros extent herein indicated, and is denied in pective advertisers would be misled by all other respects, and that the issues in In regard application of Voice of Rea the rate card. For these reasons, the re this proceeding are enlarged to include son, Inc. (KICM), Golden, Colo., for quested issue is not warranted. the following issue: construction permit; Docket No. 187iu, L etter request of May 1, 1970. 28. As a (a) To determine the facts and cir File No. BP-18553. final matter, we note that Natick and cumstances surrounding the filing of a 1. The application of Voice of Reason, Home Service filed a letter request on principal’s affidavit, dated November 4, Inc. (Voice of Reason), for a construc May 1,1970, for our consideration. In the 1969, with the Commission by Home tion permit to build a daytime on y letter, the parties disclose that they are Service Broadcasting Corp., and to de standard broadcast station in Golden, presently engaged in settlement discus termine, in light of the evidence adduced Colo., was designated for hearing under sions which could simplify this proceed pursuant to this issue, whether Home an unauthorized transfer of control is ing and expedite the inauguration of a Service Broadcasting Corp. or its prin sue by Commission Order, FCC 69-115 , cipal has made misrepresentations to the broadcast service to Natick. They, there released October 27, 1969. The Review fore, request that the Board withhold Commission or has, in any manner, at further action on the motions to enlarge tempted to deceive or mislead the Com Board now has before it the Broadcas issues already referenced in paragraph 1, mission, and, if so, to determine the Bureau’s petition to enlarge issues, fil supra, and on a further motion to en- effect of such conduct on the applicant’s May 1, 1970,1 seeking the addition o basic and/or comparative qualifications to be a Commission licensee. 2* Rule 73.25 reads in pertinent part: • *5 Review Board Member Nelson not P | The frequencies in the following tabula 31. It is further ordered, That the ¡ipating; Board Member Slone co yotl tions are designated as clear channèls and further motion to enlarge issues, filed >ard Member Kessler concurring assigned for use by thé classes of stations January 9,1970, by Home Service Broad g for an additional issue on abuse of cwn^ given : casting Corp., is granted to the extent Lssion processes with respect * * * * * herein indicated, and is denied in all other respects; and that the issues in this M3ood cause has been shown ® (b) To each of the following channels au’s late filing and the petition will there there may be assigned Class I and Class II proceeding are enlarged to include the stations: * * * 1060 * * * kc./s. following issue: re be considered on its merits.

FEDERAL REGISTER, VO L 35, NO. 120— SATURDAY, JUNE 20, 1970 NOTICES 10177 misrepresentation, § 1.65 and availability (a) To determine whether Voice of to constitute such violation or detriment of funds issues against Voice of Reason.2 Reason, Inc., has made misrepresenta to commerce. 2. In its petition, the Bureau alleges tions to the Commission as regards its A copy of any such statement should sufficient facts, adequately supported, to assets and liabilities in its balance sheet also be forwarded to the party filing the warrant the addition of the requested filed with its application on April 2,1969. agreement (as indicated hereinafter) and issues. As to the first requested issue, the (b) To determine whether sufficient the statement should indicate that this Bureau avers that Voice of Reason mis funds are available to Voice of Reason, has been done. represented on its February 28, 1969, Inc., to construct and to operate its pro Notice of agreement filed for approval balance sheet that it owned, without en posed station for 1 year without revenue. by: cumbrance, a Youth Ranch in Missouri, (c) To determine whether Voice of Mr. Howard A. Levy, Kurrus and Jacobi, 2000 when in fact the applicant had sub Reason, Inc., has complied with the pro K Street NW., Washington, D.C. 20006. stantially encumbered this property in visions of § 1.65 of the Commission’s July 1968. The Youth Ranch, alleges the rules by keeping the Commission advised Agreement No. T-2122-3 between Bureau, was deeded as security for a of substantial changes. American Export Isbrandtsen Lines, Inc. $60,430.59 loan which has yet to be re (d) To determine, in light of the facts (AEIL), and Transocean Gateway Corp. paid, and Voice of Reason has recently adduced pursuant to the foregoing issues, (Transocean) amends the basic agree been sued for $58,423.J5, the outstanding whether Voice of Reason has the requi ment which grants AEIL the exclusive balance on the loan. Failure to inform site qualifications to be a Commission use of certain terminal space at or ad the Commission of this substantial and licensee. jacent to Piers Ì2 and 13, Stapleton significant change in its financial status, 5. It is further ordered, That the bur(Staten Island), N.Y. The purpose of the i.e., the pending civil action, is the basis den of proceeding with the evidence on amendment is to grant Transocean the for the Bureau’s requested § 1.65 issue. issues (a) and (c) above shall be on the option of supplying security or watching Petitioner then questions Voice of Rea Broadcast Bureau, the burden of pro service on or for AEIL vessels. son’s financial ability to meet its con ceeding with the introduction of evi Dated: June 17,1970. struction and first year operating costs; dence on issue (b) above shall be on while acknowledging the applicant’s as Voice of Reason, Inc., and the burden of By order of the Federal Maritime surance that it would sell or encumber proof under all of the issues added herein Commission. any of its assets to meet its costs, the shall be on Voice of Reason, Inc. F rancis C. H u rn ey, Bureau believes, especially in light of the Secretary. Adopted; June 10,1970. alleged default on the loan secured by [F.R. Doc. 70-7817; Filed. June 19, 1970; the Missouri Youth Ranch, that Voice Released: June 11, 1970. 8:48 a.m.] of Reason’s balance sheet does not F ederal Communications demonstrate that it will be able to raise the necessanr funds. The Bureau points, C ommission, [ seal] B en F . W aple, out that Voice of Reason, in its applica FEDERAL POWER COMMISSION tion, estimates that first year operating Secretary. costs and the purchase of necessary [F.R. Doc. 70-7813; Filed, June 19, 1970; [Docket No. RI70-1690 etc.] 8:47 a.m.] equipment will require funds in an GEORGE A. BERNAT, ET AL. amount of approximately $113,000; ini tially, Voice of Reason showed only Order Providing for Hearings on and $40,000 in liquid assets, but, the Bureau FEDERAL MARITIME COMMISSION Suspension of Proposed Changes in notes, the applicant Was found finan Rates 1 cially qualified because of its large net AMERICAN EXPORT ISBRANDTSEN worth. However, the Bureau asserts, the J une 11, 1970. inability to rely on the full value of the LINES, INC., AND TRANSOCEAN The respondents named herein have Youth Ranch results in a substantial de GATEWAY CORP. filed proposed increased rates and crease in that net worth; Voice of Rea- Notice of Agreement Filed charges of currently effective rate sched *nn S equity 111 its fixed assets totals ules for sales of natural gas under Com $97,000.3 Thus, if full credit is assigned Notice is hereby given that the follow mission jurisdiction, as set forth in Ap to all nonliquid assets and all assets were ing agreement has been filed with the pendix A hereof. encumbered, Voice of Reason shows an Commission for approval pursuant to sec The proposed changed rates and excess of only $24,000 to meet estimated tion 15 of the Shipping Act, 1916, as charges may be unjust, unreasonable, costs and unexpected expenses; this, amended (39 Stat. 733, 75 Stat. 763, 46 unduly discriminatory, or preferential, maintains petitioner, coupled with the UJS.C. 814). or otherwise unlawful. a^fn • an^'s default on another loan, is Interested parties may inspect and ob The Commission finds: It is in the sufficient to warrant an evidentiary hear- tain a copy of the agreement at the public interest and consistent with the mg on the applicant’s financial qualifi Washington office of the Federal Mari Natural Gas Act that the Commission cations. The Bureau’s allegations are, in time Commission, 1405 I Street NW., enter upon hearings regarding the law our opinion, adequate to raise a substan Room 1202; or may inspect the agree fulness of the proposed changes, and tial question as to whether Voice of ment at the Field Offices located at New that the supplements herein be sus Keason has available sufficient funds to York, N.Y., New Orleans, La., and San pended and their use be deferred as whffv, 1^s es^maêd costs, as well as Francisco, Calif. Comments on such ordered below. fr aPPlican$ misrepresented agreement, including requests for hear The Commission orders: Commission and complied ing, may be submitted to the Secretary, men the requirements of section 1.65 of Federal Maritime Commission, Wash (A) Under the Natural Gas Act, par f™ v?6®- Appropriate issues will there ington, D.C. 20573, within 20 days after ticularly sections 4 and 15, the regula tions pertaining thereto (18 CFR Ch. I ) , fore be specified, publication of this notice in the F ederal and the Commission’s rules of practice iJit ôrfongly, it is ordered, That the R egister. Any person desiring a hearing S o l i 0 enlarse issues, filed May 1, on the proposed agreement shall provide and procedure, public hearings shall be .by the Broadcast Bureau is a clear and concise statement of the mat held concerning the lawfulness of the granted; and ters upon which they desire to adduce proposed changes. further ordered, That the issues evidence. An allegation of discrimination (B) Pending hearings and decisions adriiS«Pr?(êding are enlarged by the or unfairness shall be accompanied by a thereon, the rate supplements herein are tion of the following issues; statement describing the discrimination suspended and their use deferred until or unfairness with particularity. If a date shown in the “Date Suspended Until” column, and thereafter until been the instant petition ha violation of the Act or detriment to the 3 time for filing has expired commerce of the United States is alleged, value of fc40*000 of the remaining the statement shall set forth with par ue of the Youth Ranch. 1 Does not consolidate for hearing or dis ticularity the acts and circumstances said pose of the several matters herein.

No. 120------g FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 10178 NOTICES made effective as prescribed by the Nat position of these proceedings or expira of practice and procedure <18 CFR 1.8 ural Gas Act. tion of the suspension period. and 1.37(f)) on or before July 27, 1970. (C) Until otherwise ordered by the (D) Notices of intervention or peti By the Commission. Commission, neither the suspended sup tions to intervene may be filed with the plements, nor the rate schedules sought Federal Power Commission, Washington, [seal! Gordon M. Grant, to be altered, shall be changed until dis D.C. 20426, in accordance with the rules Secretary. Appendix A

Effec- Cents per Mcf Rate in Rate Sup- Amount Date tive Date ------effect sub- Docket Respondent sched- ple- Purchaser and producing area of filing date sus Rate i n __- Proposed ject to re No. ule ment annual tendered unless pended effect______increased fund in No. No. increase sus until— rate dockets pended Nos.

RI70-1690-. Oeorge A. Bernat7 1 7 E l Paso Natural Gas Co. (Ballard $1,198 5-13-70 * 6-13-70 11-13-70 «12.2295 • 4 « 13.2486 RI64-492. (Operator) et al., c/o Pictured Cliffs Field, Rio Arriba George H. Fentress, County, N. Mex.) (San Juan 2935 Webster St., Basin Area). Lakewood, Colo. 80215. RI70-1691-. Tenneco Oil Co., Post 163 5 El Paso Natural Gas Co. (Blanco 34 5-13-70 « 6-13-70 11-13-70 »12.2295 ***13.2486 RI64-482. Office Box 2511, Field, San Juan County, N. Houston, Tex. 77001. Mex.) (San Juan Basin Area). R I70-1692.. Gulf Oil Corp., Post 418 7 Transwestern Pipeline Co. (Her 3,220 5-15-70 * 6-15-70 11-15-70 ® 14.86 »W18.08 Office Box 1589, mit and South Kermit Fields, Tulsa, Okla. 74102. Winkler County, Tex.) (R R . District No. 8) (Permian Basin Area). RI70-1693-. Sun Oil Co., Post 255 7 Panhandle Eastern Pipe Line Co. 1,440 5-18-70 « 6-18-70 11-18-70 » » 16.005 • io « « 20.806 Office Box 2880, (Oshel Unit No. 1, Woods Dàllas, Tex. 75221. County, Okla.) (Oklahoma “ Other” Area). RI70-1694-. Amarillo Natural Gas 5 3 Cities Service Gas Co. (North Nye 540 5-18-70 * 6-18-70 11-18-70 MM 17.0 I id u 1718.0 Co. (Operator) et al., Field, Beaver County, Okla.) c/o Armax, Inc., (Panhandle Area). Arcade Bldg., Room 230,2000 Classen Center, Oklahoma City, Okla. 73106. RI70-1695-. Texaco, Inc., Post Of 185 it 8 E l Paso Natural Gas Co. (East and 74 ' 5-21-70 * 6-21-70 11-21-70 1 2 .0 >»14.0525 fice Box 52332, Hous West Panhandle Field, Wheeler, ton, Tex. 77052. Collingsworth, and Gray Coun ties, Tex.) (R R . District No. 10); ! io it 1 9 1 9 .7 5 4 RI70-1696-. Sunset International 18 4 Northern Natural Gas Co. (Bea 5,229 5-22-70 « 7-1-70 12-1-70 « « 1 8 .5 9 2 RI68-466; Petroleum Corp., ver County, Okla.) (Panhandle 2400 Fidelity Union Area). Tower, Dallas, Tex. 75201. RI70-1697-. Anadarko Production 29 3 Natural Gas Pipeline Co. of 270 5-18-70 » 6-18-70 11-18-70 » 17.0 « » » 1 8 .8 RI61-457; Co. (Operator) et al., America (Pyle 1-17 Gas Unit, Post Office Box Beaver County, Okla.) (Pan 9317, Fort Worth handle Area). Tex. 76107. 9 to it so 20.826 RI70-1698-. Anadarko Production 89 1 Natural Gas Pipeline Co. of 160 5-18-70 «6-18-70 11-18-70 1« *018.156 Co, America (Baransy Unit, Wood ward County, Okla.) (Pan handle Area). RI70-1699-. Pan American Petrole 310 2114 Lone Star Gas Co. (Durant Field, 361 6-18r70 • 6-18-70 11-18-70 15.0 « » 19.01556 um Corp., Post Of- Bryan County, Okla.) (Okla fioe Box 1410, Fort homa “Other” Area). Worth, Tex. 76101. 19.6 ****2 3 .0 RI70-414; RI70-1700-. Mobil Oil Corp., Post 429 6 United Gas Pipe Line Co. (Cal 1,564 5-15-70 « 6-15-70 11-15-70 RI70-414. Office Box 1774, houn Field, Ouachita Parish, 19.6 *<**22.25 Houston, Tex. La.) (North Louisiana Area). 77001. RI64-646. RI70-1701.. Graham-Michaelis 33 9 Colorado Interstate Gas Co. 1,228 6-22-70 « 6-22-70 11-22-70 »*»17.204 « » » s* 18.216 Drilling Co. (Oper (Keyes Field, Texas County, ator) et al., 211 Okla.) (Panhandle Area). North Broadway Wichita, Kans. 67202. RI65-529...... 30 3 Colorado Interstate Gas Co. 3,877 5-22-70 • 6-22-70 11-22-70 » 1 3 .5 * » » 14.5 (Hugoton Field, Stanton County, Kans.). to » so so 20,0043 RI70-1702.. Ashland Oils, Inc., 197 1 Arkansas Louisiana Gas Co. 1,276 6-22-70 • 6-22-70 11-22-70 » » 17.685 Post Office Box (Northeast Hillsdale Field, ' )f 18695, Oklahoma Garfield County, Okla.) (Okla City, Okla. 73118. homa “ Other” Area). * » » 1 6 .0 RI70-1703_. Kingwood Oil Co., 24 6 Arkansas Louisiana Gas Co; 938 5-19-70 *6-19-70 11-19-70 » 15.0 100 Park Avenue (Arkoma Area. Le Flore Bldg., Oklahoma County, Okla.) (Oklahoma City, Okla. 73102. mother” Area).

s The stated effective date is the first day after expiration of the statutory notice p Price Includes 3 cents paid by buyer to seller for gathering, dehydrating, com period. ressing and delivering gas. * Periodic rate increase. m Applicable to acreage added by Supplement No. 7; . unease 4 Pressure base is 15.025 p.s.i.a. is includes base rate of 16 cents before increase and base rate of 17 cents alter mere» * Includes partial reimbursement for the full 2.55 percent New Mexico Emergency lus upward B.t.u. adjustment. , 1Q K „ nts after in* School Tax. *® Includes base rate of 17 cents before increase and base rate of 19.5 oents ai * The stated effective date is the effective date requested by respondent.' 'ease plus.upward B.t.u. adjustment. 7 Successor to Sentinel Petroleum Corp. « For acreage added by Supplement No. 13 only; __ _ »Increase to fractured rate. Contract provides for a rate of 27.2 cents plus applicable ** Includes 1.5 cents tar reimbursement applicable to high pr^iOT gaa. ¿nd tax reimbursement. • 23 Includes 0.75 cent tax reimbursement applicable to low pressure on w * » Pressure base is 14.65 p.s.i.a; w capacity wells (less than 250 Mcf per day). ' . increase plus 11 Footnotes 8,11,12, and 13 not used; *o Includes base rates of 15 cents before increase and 18 cents alter m Includes base rate of 15 cents before increase and base rate of 19.5 cents after in pward B.t.u. adjustments. „ . , . crease plus upward B.t.u. adjustment. *» Filing from initial certificated rate to initial contract rate; increase Dlu* *« Subject to upward and downward B.t.u. adjustment; * Includes base rates of 15 cents before increase and 17 cents after * Subject to a downward B.t.u. adjustment; pward B.t.u. adjustment;

FEDERAI REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 NOTICES 10179

George A. Bernat (Operator) et al., request [Docket No. RI70-1682, etc.] by respondents, as set forth herein, shall a retroactive effective date of January 1, 1969, fear their proposed rate increase. Gulf STOUT GAS CO. ET AL. become effective subject to refund on the Oil Corp. requests an effective date of June 1, date and in the manner herein prescribed 1970, for its increased rate. Amarillo Natural Order Providing for Hearing on and if within 20 days from the date of the Gas Co. (Operator) et al., request a June 1, Suspension of Proposed Changes in issuance of this order respondents shall 1970, effective date for their rate filing. Tex Rates, and Allowing Rate Changes each execute and file under its above- aco, Inc., requests that its proposed increase To Become Effective Subject to designated docket number with the Sec be permitted to become effective as of May 21, retary of the Commission its agreement 1970, and Kingwood Oil Co. requests an Refund 1 and undertaking to comply with the re effective date of May 7, 1970. Good cause has J une 10, 1970. not been shown for waiving the 30-day no funding and reporting procedure re tice requirement provided in section 4(d) of The respondents named herein have quired by the Natural Gas Act and the Natural Gas Act to permit earlier effec filed proposed changes in rates and § 154.102 of the regulations thereunder, tive dates for the aforementioned producers’ charges of currently effective rate sched accompanied by a certificate showing rate filings and such requests are denied. ules for sales of natural gas under Com service of copies thereof upon all pur The proposed rate increases filed by George mission jurisdiction, as set forth in chasers under the rate schedule involved. A. Bernat (Operator) et al. (Bernat) and Appendix A hereof. Unless respondents are advised to the Tenneco Oil Co. (Tenneco) reflect partial The proposed changed rates and contrary within 15 days after the filing reimbursement for the full 2.55 percent New Mexico Emergency School Tax. The buyer, charges may be unjust, unreasonable, un of their respective agreements and un El Paso Natural Gas Co. (El Paso), in ac duly discriminatory, or preferential, or dertakings, such agreements and under cordance with its policy of protesting tax otherwise unlawful. takings shall be deemed to have been filings proposing reimbursement for the New The Commission finds: It is in the pub accepted.* Mexico Emergency School Tax in excess of lic interest and consistent with the Nat (C) Until otherwise ordered by the 0.55 percent, is expected to file a protest ural Gas Act that the Commission enter Commission, neither the suspended sup to these rate increases. El Paso questions the upon hearings regarding the lawfulness plements, nor the rate schedules sought right of the producer under the tax reim bursement clause to file a rate increease re of the proposed changes, and that the to be altered, shall be changed until dis flecting tax reimbursement computed on the supplements herein be suspended and position of these proceedings or expira basis of an increase in tax rate by the New their use be deferred as ordered below. tion of the suspension period. Mexico legislature in excess of 0.55 percent. The Commission orders: (D) Notices of intervention or peti While El Paso concedes that the New Mexico (A) Under the Natural Gas Act, par tions to intervene may be filed with the legislature effected a higher rate of at least ticularly sections 4 and i5, the regula Federal Power Commission, Washington, 0.55 percent, they claim there is controversy tions pertaining thereto (18 CFR Ch. I), D.C. 20426, in accordance with the rules as to whether or not the new legislation ef fected an increased rate in excess of 0.55 and the Commission’s rules of practice of practice and procedure (18 CFR 1.8 percent. In view of the contractual problem and procedure, public hearings shall be and 1.37(f)) on or before July 27, 1970. presented, the hearings provided for herein held concerning the lawfulness of the By the Commission. for Bernat and Tenneco’s rate filings shall proposed changes. concern themselves the contractual basis for (B) Pending hearings and decisions [ seal] G ordon M. G rant, such rate filings, as well as the statutory thereon, the rate supplements herein are Secretary. lawfulness of the proposed increased rates suspended and their use deferred until and charges. date shown in the “Date Suspended Un 2 If an acceptable general undertaking, as AH of the producers’ proposed increased til” column, and thereafter until made provided in Order No. 377, has previously rates and charges exceed the applicable area been filed by a producer, then it will not be price levels for increased rates as set forth effective as prescribed by the Natural necessary for that producer to file an agree in the Commission’s statement of general Gas Act: Provided, however, That the ment and undertaking as provided herein. policy No. 61-1, as amended (18 CFR 2.56). supplements to the rate schedules filed In such circumstances the producer’s pro posed increased rate will become effective as [F.R. Doc. 70-7736; Piled, June 19, 1970; 1Does not consolidate for bearing or dis of the expiration of the suspension period 8:45 a.m.] pose of the several matters herein. without any further action by the producer. Appendix A

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

RI70-1682-. Tony Snider, et al., d.b.a. *1 *• 2 United Fuel Gas Co. (Contract $2,000 5-14-70 « 8-14-70 » 6-15-70 25.0 •*27.0 Stout Gas Co., c/o No. 6903), (Center District, Keith Cribfield, agent, Gilmer County, W. Va.). Post Office Box 431, RT7n_ieoo Spencer, W. Va. RI70-1683-. Mobil Oil Corp., Post *421 5 United Gas Pipe Line Co. (South 2,949 5-15-70 « 6-15-70 16-18-70 15.192 u n u io. o Office Box 1774, Hous- El Toro Field, Jackson County, RT70-1roj t, t0n’ Tex- 77001- Tex.)(RR. District No.2). «1/0-1684.. Pan American Petroleum >442 2 Southern Natural Gas Co. (Quit- 2,675 5-18-70 io 7- 1-70 i 7- 2-70 15.0 •«16.0 Go. (Operator), Post man Bayou Field, Adams Office Box 50879, New County, Miss.). RT7o_irqc a 0rleans. La. 70150. «170-1685.. Sun Oil Co., Post Office »205 3 ...... do...... 3,475 5-15-70 « 7- 1-70 ' Box 2880, DaUas, Tex. 7- 2-70 15.0 • « 1 6 0 75221 «170-1686.. Amarilio Natural Gas Co. *7 7 Kansas-Nebraska Natural Gas 1,390 5-18-70 » 6-18-70 » 6-19-70 «15.0 • “ « 16.0 (Operator) et al., c/o Co., Inc. (Beaver County, Armax, Inc., Arcade Okla.) (Panhandle Area). Building, Room 230, 2000 Classen Center, Oklahoma City, Okla. RI70-1687.. May Petroleum Inc., et >22 1 Cities Service Gas Co. (Waynoka 1,664 5-18-70 »6-18-70 8-19-70 « « 14.0 o i u io is. o al., 1435 Republic Na Area, Woods County, Okla.) tional Bank Bldg., (Oklahoma “Other” Area). Dallas, Tex. 75201. >29 1 . . . —do______1,800 5-18-70 • 8-18-70 8-19-70 » « 14.0 • n to to 15. o Ri70-1688.. H."'n? Burnett (Operator) 14 2 Phillips Petroleum Co. (West 700 6-18-70 w 7- 1-70 >7- 2-70 «13.0 no «14.0 et al., 328 First National Panhandle Field, Carson Coun Bank Bldg., Amarillo, ty, Tex.) (R R . District No. 10); Tex. 79101. ------do...... 15 2 ...... do...... - ...... 410 5-18-70 u 7-1- 70 t 7- 2-70 «13.0 » U M 14.0 See footnotes at end of table.

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 10180 NOTICES

Appendix A—Continued

Cents per Mcf Rate in Rate Sup Amount Date Effective Date effect sub Docket Respondent sched ple Purchaser and producing area of filing date suspended ject to No. ule ment annual tendered unless until— Rate in Proposed refund in No. No. increase suspended effect increasedrate dockets Nos.

RI70-1689-.. Atlantic Richfield Co., 56 U n Humble Gas Transmission Corp. $4,500 5-11-70 44 6-11-7G 76-12-70 17.0 44 4418.5 RI68-9.0 Post Office Box 2819, (Vixen Field, Caldwell Parish, Dallas, Tex. 75221. La.) (North Louisiana Area).

3 Contract dated after Sept. 28, 1960, the date of issuance of the Commission’s u “ Fractured” rate increase. statement of general policy No. 61-1, and rate does not exceed the initial area rate 43 Pressure base is 14.65 p.s.La. ceiling. 43 Contract rate is 17.22185 cents. , * Agreement providing for increased rate processed separately and designated as 44 Pressure base is 15.025 p.s.i.a. Supplement No.. 1. 44 Subject to a downward B.t.u. adjustment. 4 Not applicable to acreage added by Supplement No. 1. 44 Buyer deducts 0.75 cent from price shown for dehydration. 4 The stated effective date is the first day after expiration of the statutory notice. 47 Subject to a deduction of 0.4466 cent for sour gas. 7 The suspension period is limited to 1 day. 43 Applicable only to gas production from reservoirs which were discovered prior to 3 Periodic rate increase. Sept. 28,1960. * Pressure base is 15.325 p.s.i.a. 43 Tax reimbursement increase. w The stated effective date is the effective date requested by respondent. Tony Snider, et al., doing business as Stout tax increases, we conclude that Atlantic's Data available to the Commission in Gas Co. (Snider) request that their proposed tax increase should be suspended for 1 day dicates that interstate pipelines are un rate increase be permitted to become effective from June 11, 1970, the proposed effective able to procure contracts for new supplies as of May 1, 1970. Amarillo Natural Gas Co. date. of gas, on a spot or long-term basis, at (Operator) et al. (Amarillo) requests that its [F.R. Doc. 70-7738; Filed, June 19, 1970; the same relative rate as heretofore, and proposed rate increase be permitted to" be 8:45 a.m.] come effective “immediately.” May Petro that this does not appear to represent leum, Inc., et al. (May), request an effective any decline in the productivity of the daté of May 18, 1970, for their proposed rate [Docket No. CP61-263] area below earlier estimates. Recently increases. Good cause has not been shown significant pipeline capacity for intra for waiving the 30-day notice requirement CITIES SERVICE GAS CO. state transportation and sales has been provided in section 4(d) of the Natural Gas put into operation. Act to permit earlier effective dates for the Notice of Extension of Time It is in the public interest to institute aforementioned producers’ rate filings and J une 12,1970. a new proceeding to review rates in the such requests are denied. Permian Basin. In order to induce pro The contracts related to the proposed rate On May 28, 1970, Mobil Oil Corp. filed ducers to dedicate supplies to the inter increases filed by Snider, Mobil- Oil Corp., a request for an extension of time to and state market without waiting for the Pan American Petroleum Corp. (Operator), including June 22, 1970, within which to Sun Oil Co., Amarillo, and May were executed final price determination of these pro file protests or petitions to intervene pur ceedings, contracts dated after the date subsequent to September 28, 1960, the date suant to the notice of petition to amend of issuance of the Commission’s statement of of this order will have the same price general policy No. 61—1, as amended, and the issued on May 20, 1970, in the above- ceilings as contracts entered into after proposed rates exceed the area increased rate designated matter. On June 3,1970, Cities the date of the final order herein. ceilings but do not exceed the initial service Service Gas Co. filed a letter objecting to The Commission to the maximum ex ceilings for the areas involved. We believe, the requested extension. tent feasible will utilize the data whiçh in this situation, the aforementioned pro Upon consideration, notice is hereby has been ordered i n . the Southern ducers’ rate filings should be suspended for given that the time is extended to and 1 day from June 14, 1970 (Snider) , June 18, Louisiana area rate proceeding, Docket including June 22, 1970, within which No. AR69-1. 1970 (Amarillo) and (May), the expiration protests or petitions to intervene in the dates of the statutory notice, and June 15, above-designated matter may be filed by Attention is called to Docket No. 1970 (Mobil), July 1, 1970 (Pan American^ R-389, notice of investigation, proposed and (Sun), the proposed effective dates. any person. rulemaking and statement on new appli Pan American requests that its proposed G ordon M. G rant, Secretary. cations for certificates for sale of Per price increase be accepted without suspen mian Basin Area Natural Gas issued sion since the gas sales involved herein are [F.R. Doc. 70-7787; Filed, June 19, 1970; concurrently herewith. (35 F.R. 10152) marginal. The proposed rate is 4.6 cents 8:46 a.m.] below the 20.6-cent initial ceiling rate for the A prehearing conference for the pur area involved. Opinion No. 567 provides that pose of developing the issues and pro a producer of gas discovered after Septem [Docket No. AR70-1] cedures to be followed in this proceeding ber 28, 1960, would be entitled to collect the will be ordered at a future date. 20.6-cent price without suspension. Although PERMIAN BASIN AREA The geographical area of the original the gas was discovered after September 28, I960, Opinion No. 567 is not applicable since Order Instituting Area Rate Permian proceeding was made up of the gas involved is casinghead gas. Pan Proceeding Texas Railroad Commission Districts American’s proposed price increase is sus 7-C and 8 (now 8 and 8-A), plus Chaves, pended for 1 day from July 1, 1970, the pro J une 17,1970. Eddy, and Lea Counties, New Mexico. posed effective date, as stated in the para The original Permian Basin Area Rate The present proceeding will be expanded graph next above. Proceeding, Docket No. AR61-1, was in to include Texas Railroad District 7-B, The proposed rate increases filed by H. N. stituted on December 23, 1960, and rep 17 counties in the northern portion of Burnett (Operator) et al. (Burnett) from resented the Commission’s first step to Texas Railroad District No. 1, and Roose 13 cents to 14 cents per Mcf for wellhead ward establishing producer rates on an velt County, N. Mex. These additional sales of gas to Phillips Petroleum Co. (Phil areas appear to be similar to the original lips) in Texas Railroad District No. 10. Phil area basis following Statement of Gen lips gathers and procésses the gas and resells eral Policy 61-1, as amended. Prior to Permian Basin areas not only from the the gas to interstate pipelines at rates which that time, producer regulation had standpoint of geology, but also on the are in effect subject to refund. Burnett’s pro been attempted on an individual com basis of production practices; contract posed rates ‘ exceed the area increased rate pany basis. After lengthy hearings, arrangements, and general operating ceiling for Texas Railroad District No. 10. the Commission on August 5 and conditions.1 Since the buyer’s, Phillips, resale rates are October 4, 1965, issued Opinions Nos. The Commission finds: It is necessary in effect subject to refjmd we conclude that and appropriate for purposes of carry Burnett’s proposed rate increases should be 468 and 468-A respectively (34 FPC 159, suspended for 1 day from July Í, 1970, the 34 FPC 1068), establishing just and ing out the provisions of the Natural Gas proposed effective date. reasonable rates for jurisdictional gas Act, particularly, but not in limitation oi Altantic Richfield Co. proposes a tax in sales in the Permian Basin. These orders crease based on partial reimbursement of the were affirmed in their entirety by the 3 See order issued Apr. 8, 1970, Já& Louisiana Severance Tax. Consistent with Supreme Court on May 1, 1968. Permian previous Commission action taken on similar^ Basin Area Rate Cases, 390 U.S. 747. RI65-158.

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 NOTICES 10181 the foregoing sections 4, 5, 7, 10, 14, 15, (d) 3, shall préside at the hearing in this Sohio Petroleum Co. and 16 thereof (52 Stat. 822, 823, 824, proceeding; shall prescribe relevant pro Southern Union Production Co. 825, 826, 828, 829, 830 ; 56 Stat. 83, 84; cedural matters not herein provided; and Sun Oil Co. The Superior Oil Co. 61 Stat. 459; 76 Stat. 72; 15 U.S.C. 717c, shall control this proceeding in accord Tenneco Oil Co. 717d, 717f, 717i, 717m, 717n, 717o), that ance with policies expressed in § 2.59 of Texaco, Inc. an area rate proceeding be instituted en the Commission’s rules of practice and Texas Pacific Oil Co., Inc. compassing the Permian Basin Area, as procedure (18 CFR 2.59). Transocean Oil Inc. hereinafter ordered. (I) Any person desiring to be heard Union Oil Co. of California. The Commission orders; or to make any protest with reference to Union Texas Petroleum, Division of Allied. (A) An area rate proceeding is hereby(said proceeding should, on or before Warren Petroleum Corp. instituted to determine rates for sales of July 10,1970, file with the Federal Power Permian Basin Area Producers Selling L ess natural gas subject to the jurisdiction of Commission, Washington, D.C. 20426, a T han 10 Million M. c.f . the Commission in the Permian Basin petition to intervene or a notice of in Y ear 1968 area. tervention or a protest in accordance (B) This proceeding shall encompass with the requirements of the Commis Abell, George T. Abell, Irvin, Jr. Texas Railroad Commission Districts 7 - sion’s rules of practice and procedure Ackers, Deane E. B, 7-C, 8, and 8-A; Val Verde, Edwards, (18 CFR 1.8 or 1.10). All protests filed Acoma Oil Corp. Real, Bandera, Kerr, Kendall,^ Comal, with the Commission toll be considered Ada Oil Co. Gillespie, Mason, Llano, Blanco, Hays, by it in determining the appropriate ac Adams, K. S„ Jr., d.b.a. Rio Hondo Oil Co. Travis, Burnet, Williamson, Milam, and tion to be taken but will not serve to Adams Production Co. Bell Counties, located in Texas Railroad make the protestants parties to the pro Adobe Ltd. No. 1. Commission District 1; and Chaves, ceeding. Persons wishing to become par Adobe Ltd. No. 2. Eddy, Lea, and Roosevelt Counties, ties to this proceeding or to participate as Adobe Oil Co. Adore Investment Corp. N. Mex. a party in any hearing therein must file Aikman, Claud E. (C) All jurisdictional pipelines pur petitions to intervene in accordance with Albritton & Meyer. chasing, and all producers having juris the Commission’s rules. Ambrose, Z. C. dictional sales, in the areas set forth in (J) The Secretary shall cause a copy American Liberty Oil Co. paragraph (B) above are listed in Appen of this order to be published in the American Trad & Prod Corp., d.b.a. American dix A hereto, and are hereby made re F ederal R egister and served upon each & Annco Petr Corp. spondents to this proceeding. of the respondents listed in Appendix A, Amind, K. K. (D) This proceeding shall apply to all Anderson, E. T. and upon interested State Commissions Anderson, J. S., Jr. section 4 rate suspension proceedings in as is provided for in § 1.19 of the Com An-Son Corp. volving gas sales in this hearing area and mission’s rules of practice and procedure Antweil, Morris R., d.b.a. Hobbs Pipe and also to all section 7 certificate proceed (18 CFR 1.19). Supply Co. ings involving sales in the hearing area By the Commission.1 Apco Oil Corp. to which the respondents listed in Ap Appleby, M. P„ Jr. pendix A are parties, and to all such pro [ seal] G ordon M. G rant, Ard Drilling Co;, The ceedings arising during the pendency of Secretary. Ares, A. L. this proceeding. P roducers Selling Over 10 Million M c.f . Ares, Sam D. Argus Production Co. (E) Evidence filed in Phase I of the Permian Basin Area B ased on F orm 301-A Y ear 1968 Ashmun & Hilliard. Southern Louisiana Area Rate Proceed Atapaz Petroleum. ing, Docket No. AR69-1, is hereby in Amerada Hess Corp. August, John J. corporated by reference into this pro American Petrofina Co. of Texas. Avance Oil & Gas Co., Inc, ceeding, and will be considered to the Anadarko Production Co. Aycock, Wm. P. and Hillin, Robert K., d.b.a. extent deemed relevant to the issues in Ashland Oil and Refining Co. Aycock & Hillin. AR70-1. Respondents or interveners in Atlantic Richfield Co. Aztec Gas Systems, Inc. Austral Oil Co., Inc. B.B.M. Drilling Co. this proceeding who wish to cross- Azetec Oil & Gas Co. r examine or rebut such evidence should do B.H. & D. Co. CRA Inc. Bta Oil Producers so in the AR69-1 proceeding or show Cabot Corp. B.W.P., Inc. cause by the date set in paragraph I, in Champlin Petroleum Co. Bakke, W. E., d.b.a. W. E. Bakke Oil Co. fra, why such procedure is not appro Chevron Oil Co., Western Division. Bankers Trust Co., Trustee. priate. Cities Service Oil Co. Barnes, Florence H., Trustee. (F) The proceeding hereby instituted Colorado Oil and Gas Corp. J. C. Barnes Oil Co. shall be conducted in two separate Continental Oil Co, Barnert Serio Exploration Co. Dorchester Gas Products Co. Barnett, Gladys Lucille. phases. Phase I will be confined to evi Forest Oil Corp. dence relating to price ceilings for con Barnett, Thomas D. Frio Tex Oil and Gas Co. Barnhart, Paul F. tracts entered into after the date of final General American Oil Co. of Texas. Barnhart, Pauf F., Trustee. order herein, including evidence with Getty Oil Co. Bartessa Oil Corp. respect to the adequacy of gas supply Gulf Oil Corp. Bartley, J. H. jind adequacy of service to consumers, Helmerich and Payne, Inc. Baruch-Foster Corp. the demand for gas, the cause of a gas Humble Oil and Refining Co. Bass, Perry R. Hassle Hunt Trust. Bateman, Frank. shortage, if any, the effect of price on gas Hunt Oil Co. supply and demand, and other relevant Baxter, Murphy H. Kerr-McGee Corp. Beach, Mrs. R. G. economic evidence, together with data as Mapco Production Co. Beard, Doris A. to the current nationwide cost of finding Marathon Oil Co. Beeler, Phillip. and producing nonassociated gas. This Mobil Oil Corp. Beker, Erol. ’ Phasing will facilitate joint hearings Monsanto Co. Bell Petroleum Co. with AR69-1, Phase I. Northern Natural Gas Production Co. Benedum-Trees Oil Co. -Jj®* In order to induce producers to Pan American Petroleum Corp. Bickel, Ross R., Trustee. Pennzoil United, Inc. Bird, Ethel W. dedicate supplies to the interstate mar- Phillips Petroleum Co. et without waiting for the final price Henry Black Drilling Co., Inc., Operator. Placid Oil Co. Blackwood, F. G. termination of these proceedings, con- Shell Oil Co. Bogle Farms, Inc. wnfv? <*a*e<* after the date of this order Signal Oil and Gas Co. Bogle, Has, et al. ira f18,76 same price ceilings as con- Skelly Oil Co. Boren, Sam. finai ePtered into after the date of the Boyd, Walter K., Jr. hnal order herein. 1 Chairman Nassikas, while out of the Boyle, W. Stewart. hv(fv? ^ presiding Examiner, designated country when this order was issued, par Bradley, Albert. Examiner for that purpose ticipated in earlier deliberations concerning Bran um, M. W. e le g a tio n of Authority, 18 CFR 3.5 its contents and concurred in its issuance. Brokaw, Edwina S.

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970

/ 10182 NOTICES

Bronco Oil Corp. Elk Oil Co. Howard, Frank A. Brown, Elizabeth M. Elkins, George W., Jr. Huber, Fred. Brown, George R. Elliott, L. E. Hudson, Edwin R., Jr. and Wm. A., II. Brown, H. L„ Jr. Elliott & Hail. Hudson, Wm. A. and Hudson, E. R., d.b.a. Brown, P. F. Elliott Oil, Inc. William A. and Edward R. Brown & Key, Inc. Elliott Production Co. Hunt, Caroline, Trust Estate. Tom Brown Drilling Co., Inc. Enfield, Robert N. Hunt, H. L. Buckles, George L. Eppenauer, A. R. Hunt Industries. Burk Gas Corp. Estrella Oil Co. Hunt, Lamar. Burk Royalty Co. Evmar Oil Corp. Hunt, Lamar, Trust Estate. Burleson, Lewis B./Huff, Jack. F.T J'. Gas Corp. Hunt, N. B. Burns, John J. Farrar, Fletcher F. Hunt Petroleum Corp. Burrell, Jack L. Fasken, David. Hunt, W. H. Byrom, W. K. Featherstone, Olen F. Hunter, J. D., Trustee. Cactus Drilling Co. Fields, Bert, Estate. Husky Oil Co. of Delaware. Cahill, John T. Fikes, Leland, Ibex Partnership. Cahoon, Prank Kell. d.b.a. Estate/Leland Fikes, Deceased. Ideal Basic Industries, Inc. Oalco, Inc. First National Bank of Dallas Imperial American Management Co. F. A. Callery, Inc. d.b.a. Trustee for P. P. & C. T. Scott. Inman, Curtis R. Calvert Western Exploration Co. Five Resources, Inc. International Oil Corp. Campbell, C. G. Flag Oil Corporation of Delaware. Investors1 Petroleum Corp. Campbell, David C. Fleet, Howard W. Jackson English Inc. Cantwell, Dallas. Fluor Corp., Ltd. Jenkins, T. D. Carter Foundation Producing Co. Foree Oo. Jocelyn-Varn Oil Co. Cass, Frank W. Foree, R. L. Johnson & French Oil Co. Cassidy, Mrs. Thomas Fort Worth National Bank Trust. Kaspar, A. G. and Cahoon, F. K. Cenard Oil & Gas Co. Fowler, Tom D. & McDaniel, R. G., Kaspar, Alexander G. Chalmers, David B. d.b.a. Fowler and McDaniel. Kerbs, Jeanne E. Chambers & Kennedy. Fox, James O., Jr. Kermit Oil Co. Chapell, Don O. Francke, Albert, III. Kestler, C. M. Chapman & Poland. Franklin, John M. Kewanee Oil Co. Charm Oil Co. Freeport Oil Co., Kibo Compressor Corp. Cherry, A. W. d.b.a. Division of Freeport Sulphur Co. Kimball, Alberta S. Christmann, John J. French, L. R., Jr. Miles Kimball Co. Clark, E. B., d.b.a. Clark Drilling Co. Fuhrman, F. H. Kimbell In

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 NOTICES 10183

Markham, Jack. Read, Charles B. Clifton Thomas. Marrow, N. S. Read, Thomas A. Thompson & Cone. Martin Williams. Read & Stevens, Inc. Craft Thompson. Maxwell Oil Co. , Reading ft Bates, Inc. Thompson, J. Cleo O. May, John L. Redoo Corp. Thornbury, D. H. Meadows, A. H. Redfern Development Corp. Thornton Petroleum Corp., d.b.a. Thornton Meadco Properties Ltd. Redfern Oil Co. Petr Oorp. & Late. Meeker, W. W. Regester, H. W. Thornton, Risher M., III. Melton, M. L. Reigle, E. E„ d.b.a. Richmond Drilling Co. Todd, W. L., Jr. Merchantile National Bank of Dallas. Reserve Oil & Gas Co. Trace, Inc. Meeker, J. J. Resler & Sheldon. Trebol Drilling Co. Meeker, L. H. Dr. Louis A. Rezzonico & Jr. Tri Service Drilling Co. Meeker, Wm. Wade, Estate of. Rhodes, A. L. Tribune Oil Corp. Meeker & Co. Rhodes, J. Cecil, Tucker, R. C. Mesa Petroleum Co. i Rilan Corp. Tucker Drilling Co., Inc. Me-Tex Supply Co. Ritchie, M. H. W. Turner, Fred, Jr. Melboure Corp. Robertson, French M. Turner, J. Glen. Midhurst Oil Corp. Robinson Bros. Oil Producers. Two States Oil Co. Midland National Bank Trust. Roden Oil Co. Tyra & Tyra. Midwest Oil Corp. Rodman, E. G. Tyrell, W. C., Jr. Miles Kimball Co., d.b.a. Kimball Production Rodman, E. G. and Noel W. D. U.S. Smelting Ref. & Min. Co. Co. Rodman Oil Co. Valley Investment Oorp. Moberly, George A. Rodman Petroleum Corp., d.b.a. Rodman Vaughn, G. H„ Jr. and Jack C. Moncrief, W. A. Petr Corp. & Late. Vest, Earl, et al. d.b.a. Dorbrandt ft Ross. Moore, J. Hiram. Rollings, Dr. Harry E. Vinson, M. C. Moore, Samuel H. Rogers, M. D. Walkup, Bruce. Moore, Wayne. Rosenthal, Jerome B. Wallace, Robert R. Morel, W. A. Ross, Walter M. Wallen Production Co. Morris, Ann W. * Rudman, M. B. Walters, Carl E. Ray Morris Exploration Co. Russell, Jack L. Warren, Curtis. Moses, H. L., Foundation Trust Rutherford, P. R. Warren, Darrell S. Moses, Lucy G. A. W. Rutter, Jr. Watts, Ed E. Murphy Oil Corp. A. W. Rutter. Weaver, Shirley R., Trust. Muse, Albert C. Rutter & Co., Ltd. Weaver, W. R. Nassau Oil & Gas Corp. Rutter and Wilbanks Bros. Webb, Del E. National Bank of Tulsa, The d.b.a. Execu Ryan Consolidated Petroleum Corp. Weber, Frederick Palmer. tor of”festate of James A. Chapman. Samedan Oil Corp. Weier, A. D., Jr. National Co-op Ref Association. Sams Oil Corp. Weir, Harvey J., Sr., Estate of. Nearburg, Eugene E., Ingram T. Sandlin, Walker P. Weir, Joe R. Neill, J. P., d.b.a. N & M Co. Sands Caroline Hunt. Welbom, J. M. Ne-O-Tex Corp. Santa Rosa Gas Co. Westates Petroleum Co. Ni-Gas Supply, Inc. Santana Petroleum Corp. Westbrook-Thompson Holding. Nolan, William C. and T. M., d.b.a. Munoco Scarborough, Warren. Western Oil Fields Inc. Co. M & G Schneider Oil Co. Western States Producing Co. Nordhausen, R. H. Schneider, Tom. West Lakes Natural Gasoline Co. Norman, D. M„ d.b.a. D. M. Norman and D. Scope Industries. / Whitley, Frank J. N. Fitzgerald. Paul P. Scott Trust. Wilbanks, Bruce A. Norsworthy, Clarence L., Jr. Searle, John G. Wilbanks & Rasmussen. North Central Oil Corp. Secure Trusts. Williams, Betty M. Northwest Production Corp. Semple, C. O. Williams, Clayton W., Jr. Norwood Oil Co. or Drilling Co. Semple, C. A. The Nueces Co. Williams Brothers Co. Sharpies & Co. Properties. Williams, John W., d.b.a. J. W. Williams ft O.F. & R. ou co. Shea, Edward L. O’Briant, James F. Commerce Trust Co., d.b.a. Executor Estate Shea, Peter L. of Dorsey A. Williams. Odessa Natural Gasoline Co. Simmons, Jay. Williams, Raymond A., Jr. Oehlschlager, Dr. F. Keith. Slade, Inc. Oil & Gas Properties. WilShire Oil Co. of Texas. Slaughter, William E., Jr. Wolfson Oil Co. Oil Well Drilling Co. Smith, Earl W. Olsen, Howard. Wood, McShane and Thams. Floyd W. Smith & Co., Inc. Wood, John W„ Jr. O’Neill, Joseph I., Jr. Smith, Peter B. Owen, a . Wray, William R. Socolow, A. Walter, Agent. Wrightsman Investment Co. Owen, Robert L. Solar Oil Co. Parker & Parsley. Yates, Harvey E. Southern Minerals Corp. Yates, S. P. Parker Drilling Co. Southern Petroleum Exploration Inc. Parrish, Grace M. Yates Petroleum Corp. Southland Royalty Co. Younger, John F. Paul, c. M., Colonel. Southwestern Greer ES I LD. Pauley Petroleum, Inc. Yucca Petroleum Co. Southwestern Natural Gas, Inc. Yuronka, John. Pecos Co. Speight, June D. Pecos Growers Oil Co. Zachary, J. M. Spence, Aurelia. Zoller, Dorothy Webb. Penner, Ted. Spitier, Marion E. Penrock Oil Corp. Zoller, Victor H. Stafford, M. N. Zonne, R. J. Penrose, Neveille G. Stafford, M. N., Jr. Penrose Production Co. Stanley, Larry. [F.R. Doc. 70-7837; Filed, June 19, 1970; Permian Corp. Steed, S. D. - 8:45 a.m.] Prench Peterson. Stetco ’68 Ltd. Petroleum Asso., Inc. Stoltz, Deane H. etroleum Corp. of Texas. Stoneham, Jack. [Docket No. CP64-99] Petroleum Exploration, Inc. of Texas. Stout, Billy J. Pevehouse, B. J. Gordon Street, Inc. EL PASO NATURAL GAS CO. Pharaon, Dr. Richard. Stringer, J. Frank. Notice of Petition To Amend PhUmore Oil Co., Inc. Suburban Propane Corp. ttoneer Production Corp. polk, Louis. F Suniland Oil Oorp. J une 18,1970. Sunset Inti. Petrol.—Calif. P n Ä Celestlne V., Trust. Take notice that on June 18, 1970, El Pulaski, Dan J. Sunshine Royalty Co. Tamarack Petro. Co., Inc., Agent. Paso Natural Gas Co. (Petitioner), Post Putnam, G. D Texam Oil Corp. Office Box 1492, El Paso, Tex. 79999, filed PPL Oil Co., Inc. Texas American Oil Oorp. ill Docket No. CP64-99 a petition to Pasmussen, James W. Texas City Refining, Inc. amend the certificate of public conven Pay Bernard A. Texas Crude Oil Co. ience and necessity issued to it in this

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 10184 NOTICES docket on February 18, 1964, as previ Under the procedure herein provided ously amended August 7, 1964, Octo for, unless otherwise advised, it will be INTERAGENCY TEXTILE ber 21, 1964, December 15, 1964, June 2, unnecessary for Applicant to appear or 1965, June 27,1966, April 11,1967, July 8, be represented at the hearing. 1968, and on July 22, 1969, all as more ADMINISTRATIVE COMMITTEE G ordon M. G rant, CERTAIN COTTON TEXTILE PRODUCTS fully set forth in the petition on file with Secretary. the Commission and open to public PRODUCED OR MANUFACTURED IN inspection. [FR . Doc. 70-7922; Filed, June 19, 1970; BRAZIL The certificate authorizes petitioner, 10:11 a.m.] with others, to construct and operate Entry or Withdrawal From certain facilities for the purpose of test Warehouse for Consumption ing capability for underground natural gas storage in the Jackson Prairie area FEDERAL RESERVE SYSTEM J une 16, 1970. of Lewis County, Wash. As amended the FIRST FINANCIAL CORP. In furtherance of the objectives of, testing activities are to cease June 30, and under the terms of, the Long-Term 1970, and the total expenditure is limited Notice of Application for Approval of Arrangement Regarding International to $14,700,000. A volumetric inventory of Acquisition of Shares of Bank Trade in Cotton Textiles done at Geneva 12 million Mcf (at 14.73 p.s.i.a.) is on February 9, 1962, the U.S. Govern authorized. Notice is hereby given that application ment on February 27,1970, requested the Petitioner requests that the certificate has been made, pursuant to section 3(a) Government of Brazil to enter into con be further amended so as to authorize (3) of the Bank Holding Company Act sultations concerning exports to the El Paso to inject natural gas into the of 1956 (12 U.S.C. 1842(a)(3)), by First United States of cotton textiles in Cate Storage Project during the period com Financial Corporation, which is a bank gories 9 and 19 produced or manufac mencing on July 1, 1970, and continuing holding company located in Tampa, tured in Brazil. In that request the U.S. through no later than October 31, 1970. Fla., for prior approval by the Board Government indicated specific levels at Such extended authorization is required of Governors of the acquisition by Ap which it considered" that exports in these in order to enable completion of the in plicant of not less than 80 percent of categories from Brazil should be re jection cycle for natural gas presently the voting shares of The First National strained for the 12-month period begin being injected into the storage reservoir Bank of Kissimmee, Florida. ning February 27, 1970, and extending preparatory to utilization of the Storage Section 3(c) of the Act provides that through February 26,1971. Project on a firm, permanent basis com the Board shall not approve: Notice is hereby given that no solution mencing with the forthcoming 1970-71 (1) Any acquisition or merger or con has been mutually agreed upon by the heating season. solidation under section 3 which would two governments and that imports of cot It appears reasonable and consistent result in a monopoly, or which would be ton textiles from Brazil in these cate with the public interest in this case to in furtherance of any combination or gories, exported from Brazil after Feb prescribe a shortened period for the filing conspiracy to monopolize or to attempt ruary 27, 1970, have exceeded the desig of protests and petitions to intervene. to monopolize the business of banking in nated levels. Accordingly, there is Any person desiring to be heard or to any part of the United States, or published below a directive prohibiting make any protest with reference to said (2) Any other proposed acquisition or further entry into the United States of application should on or before June 26, merger or consolidation under section 3 cotton textiles in these categories pro 1970, file with the Federal Power Com whose' effect in any section of the coun duced or manufactured in Brazil and ex mission, Washington, D.C. 20426, a peti try may be substantially to lessen com ported after the date of publication of tion to intervene or a protest in accord petition, or to tend to create a monopoly, this notice and the directive in the ance with the requirements of the Com or which in any other manner would be F ederal R egister. mission’s rules of practice and procedure in restraint of trade, unless the Board S tanley Nehmer, (18 CFR 1.8 or 1.10) and the regulations finds that the anticompetitive effects of Chairman, Interagency Textile under the Natural Gas Act (18 CFR the proposed transaction are clearly out Administrative Committee 157.10). All protests filed with the Com weighed in the public interest by the and Deputy Assistant Secre mission will be considered by it in deter probable effect of the transaction in tary for Resources. meeting the convenience and needs of mining the appropriate action to be taken Secretary of Commerce but will not serve to make the Protestants the community to be served. parties to the proceeding. Any person Section 3(c) further provides that, in president’s cabinet textile advisory wishing to become a party to a proceed every case, the Board shall take into COMMITTEE ing or to participate as a party in any consideration the financial and man Commissioner of Customs, hearing therein must file a petition to agerial resources and future prospects Department of the Treasury, of the company or companies and the Washington, D.C. 20226. intervene in accordance with the Com J une 16, 1970. mission’s rules. banks concerned, and the convenience and needs of the community to be served. Dear Mr. Commissioner: Under the terms Take further notice that, pursuant to of the Long-Term. Arrangement Regarding the authority contained in and subject Not later than thirty (30) days after International Trade in Cotton Textiles done to the jurisdiction conferred upon the the publication of this notice in the F ed at Geneva on February 9, 1962, including Federal Power Commission by sections 7 eral R egister, comments and views re Article 6(c) thereof relating to nonpartici and 15 of the Natural Gas Act and the garding the proposed acquisition may be pants, and in accordance with the proce Commission’s rules of practice and pro filed with the Board. Communications dures outlined in Executive Order 11052 of cedure, a hearing will be held without should be addressed to the Secretary, September 28, 1962, as amended by Execu Board of Governors of the Federal Re tive Order 11214 of April 7, 1965, you are di further notice before the Commission rected to prohibit, effective as soon as pos on this application if no petition to in serve System, Washington, D.C. 20551. sible and for the period extending throug tervene is filed within the time required The application may be inspected at the February 26, 1971, entry into the United herein, if the Commission on its own re office of the Board of Governors or the States for consumption and withdrawal irora view of the matter finds that a grant of Federal Reserve Bank of Atlanta. warehouse for consumption of cotton tex the certificate is required by the public products in Categories 9 and 19, produced o By order of the Board of Governors, manufactured in Brazil, and exported fro convenience and necessity. If a petition June 15,1970. Brazil on or after the date following the aaw for leave to intervene is timely filed, or of publication of this letter in the F ederal [seal] K enneth A. K enyon, if the Commission on its own motion be R egister. « lieves that a formal hearing is required, Deputy Secretary. A detailed description of Categories 9 an further notice of such hearing will be [F.R. Doc. 70-7790; Filed, June 19, 1970; 19, in terms of T.S.U.S.A. numbers was puo- duly given. 8:46 a.m.] lished in the F ederal Register on January n .

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 NOTICES 10185

1968 (33 F .R. 582), and amendments thereto consumption in the United States for the on March 15,1968 (33 F.R. 4600). 12-month period beginning March 31, SECURITIES AND EXCHANGE In carrying out the above directions, entry 1970, be limited to the designated level. into the United States for consumption shall be construed to include entry for consump S tanley Nehmer, COMMISSION tion into the Commonwealth of Puerto Rico. Chairman, Interagency Tex [File No. 1-3421] The actions taken with respect to the Gov tile Administrative Commit ernment of Brazil and with respect to im ports of cotton textiles and cotton textile tee, and Deputy Assistant CONTINENTAL VENDING MACHINE products from Brazil have been determined Secretary for Resources. ÇORP. by the President’s Cabinet Textile Advisory Secretary of Commerce Committee to involve foreign affairs func Order Suspending Trading tions of the United States. Therefore, the di president’s cabinet textile advisory rections to the Commissioner of Customs, COMMITTEE J une 12, 1970. being necessary to the implementation of Commissioner of Customs, It appearing to the Securities and Ex such actions, fall within the foreign affairs Department of the Treasury, change Commission that the summary exception to the notice provisions of 5 Washington, D.C. 20226. suspension of trading in the common U.S.C. 553 (Supp. IV, 1965-68). This letter J une 15, 1970. stock, 10 cents par value of Continental will be published in the F ederal R egister. Dear Mr. Commissioner: Under the terms Vending Machine Corp., and the 6 per Sincerely, of the Long-Term Arrangement Regarding Maurice H. Stans, cent convertible subordinated debentures Secretary of Commerce, Chairman, International Trade in Cotton Textiles done due September 1, 1976, being traded President’s Cabinet Textile Ad at Geneva on February 9, 1962, including otherwise than on a national securities- visory Committee. Article 6(c) thereof relating to nonpartici pants, and in accordance with the procedures exchange is required in the public inter [F.R. Doc. 70-7818; Filed, June 19, 1970; outlined in Executive Order 11052 of Sep est and for the protection of investors ; 8:48 a.m.] tember 28, .1962, as amended by Executive It is ordered, Pursuant to section 15(c) Order 11214 of April 7, 1965, you are directed (5) of the Securities Exchange Act of to prohibit, effective as soon as possible, and CERTAIN COTTON TEXTILE PRODUCTS for the twelve-month period beginning 1934, that trading in such securities PRODUCED OR MANUFACTURED March 31, 1970, and extending through otherwise than on a national securities March 30, 1971, entry into the United States exchange be summarily suspended, this IN ROMANIA for consumption and withdrawal from ware house for consumption, of cotton textile order to be effective for the period June Entry or Withdrawal From Warehouse products in Category 53, produced or manu 15, 1970, through June 24, 1970, both for Consumption factured in the Socialist Republic of dates -inclusive. Romania, in excess of a level of restraint J une 16, 1970. for the period of 8,023 dozen.1 By the Commission. On March 31, 1970, the U.S. Govern In carrying out this ' directive, entries of [seal] Orval L. DuB ois, ment requested the Government of the cotton textile products in Category 53, pro Socialist Republic of Romania to enter duced or manufactured in the Socialist Re Secretary. into consultations concerning exports to public of Romania and which have been ex [F.R. Doc. 70-7793; Filed, June 19, 1970; ported to the United States from the Socialist 8:46 a.m.] the United States of cotton textile prod Republic of Romania prior to March 31, ucts in Category 53 produced or manu 1970, shall not be subject to this directive. factured in the Socialist Republic of Cotton textile products which have been [File No. 500-1] Romania. In that request the U.S. Gov released from the custody of the Bureau of ernment indicated the specific level at Customs under the provisions of 19 U.S.C. INTERNATIONAL SCANNING which it considered that exports in this 1448(b) prior to the effective date of this DEVICES, INC. category from the Socialist Republic of directive shall not be denied entry under this directive. Order Suspending Trading Romania should be restrained for the A detailed description of Category 53, in 12-month period beginning March 31, terms of T.S.U.S.A. numbers was published J une 12, 1970. 1970, and extending through March 30, in the F ederal Register on January 17, 1968 1971. Since no solution has been mutually (33 F.R. 582), and amendments thereto on It appearing to the Securities and agreed upon the U.S. Government in March 15, 1968 (33 F.R. 4600). Exchange Commission that the summary furtherance of the objectives of, and un In carrying out the above directions, en suspension of trading in the common der the terms of, the Long-Term Ar try into the United States for consumption shall be construed to include entry for con stock of International Scanning De rangement Regarding International sumption into the Commonwealth of Puerto vices, Inc. (a Delaware corporation), Trade in Cotton Textiles done at Geneva Rico. on February 9, 1962, including Article 3, and all other securities of International The actions taken with respect to the Gov Scanning Devices, Inc., being traded oth paragraph 3 and Article 6(c) which ernment of the Socialist Republic of Ro relates to nonparticipants, is establish mania and with respect to imports of cotton erwise than on a national securities ex es restraint at the level indicated in thstt textile products from the Socialist Republic change is required in the public interest request for the 12-month period be of Romania have been determined by the and for the protection of investors: ginning March 31, 1970, and extending President’s Cabinet Textile Advisory Com Pursuant to section 15(c) through March 30, 1971. This restraint mittee to involve foreign affairs functions It is ordered, of the United States. Therefore, the direc (5) of the Securities Exchange Act of doœ not apply to cotton textile products tions to the Commissioner of Customs, being i :? teg017 53 produced or manufactured necessary to the implementation of such ac 1934, that trading in such securities oth m the Socialist Republic of Romania and tions, fall within the foreign affairs excep erwise than on a national securities ex ^°. United States prior to tion to the notice provisions of 5 U.S.C. 553 change be summarily suspended, this or J*e beginning of the designated 12- (Supp. IV, 1965-68). This letter will be pub der to be effective for the period June 15, month period. lished in the F ederal R egister. 1970, through June 24, 1970, both dates There is published below a letter of Sincerely, Maurice H. Stans, inclusive. mie 15,1970, from the Chairman of the Secretary of Commerce, Chairman, esident’s Cabinet Textile Advisory President’s Cabinet Textile Ad By the Commission. to the Commissioner of Cus- visory Committee. ”°jns, directing that the amount of cot- [seal] Orval L. D uB ois, [F.R. Doc. 70-7819; Filed, June 19, 1970; Secretary. 7>n textile products in Category 53, pro- 8:48 a.m.] uced or manufactured in the Socialist [F.R. Doc. 70-7794; Filed, June 19, 1970; 1This level has not been adjusted to re 8:46 a.m.] Public of Romania, which may be en- flect any entries made on or after Mar. 31, rad or withdrawn from warehouse for 1970.

FEDERAL REGISTER, VO L 35, NO. 120— SATURDAY, JUNE 20, 1970 No. 120------7 10186 NOTICES

NW., Washington, D.C. 20416. A copy of tion, Lufkin State School, Drawer 1648, SMALL BUSINESS this notice shall bis published in a news Lufkin, Tex. 75901. Send protests to: E. paper of general circulation in New York, K. Willis, Jr., District Supervisor, Inter ADMINISTRATION N.Y, state Commerce Commission, Bureau of A. H. S inger, Operations, 513 Thomas Building, 1314 MINORITY ASSISTANCE CORP. Associate Administrator Wood Street, Dallas, Tex. 75202. Notice of Application for License as for Investment. No. MC 2900 (Sub-No. 197 TA), filed Minority Enterprise Small Business J une 9, 1970, June 3,1970. Applicant: RYDER TRUCK LINES, INC., 2050 Kings Road, Jackson Investment Company [F.R. Doc. 70-7814; Filed, June 19, 1970; 8:48

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 NOTICES 10187

Sioux Palls, S. Dak. 57102. Send protests Bureau of Operations, U.S. Courthouse No te: Carrier does not intend to tack to: J. L. Hammond, District Supervisor, & Federal Office Building, Room 1086, authority. Supporting shipper: L. D. Interstate Commerce Commission, Bu 219 South Dearborn Street, Chicago, 111. Schreiber Cheese Co., Inc., Post Office reau of Operations, Room 369, Federal 60604. Box 610, Green Bay, Wis. 54305. Send Building, Pierre, S. Dak. 57501. No. MC 77972 (Sub-No. 16 TA ), filed protests to: E. K. Willis, Jr., District No. MC 37896 (Sub-No. 23 TA), filed June 5, 1970. Applicant: MERCHANTS Supervisor, Interstate Commerce Com June 9,1970 Applicant: YOUNGBLOOD TRUCK LINE, INC., Post Office Box mission, Bureau of Operations, 513 TRUCK LINES, INC., Post Office Drawer 908, New Albany, Miss. 38652. Appli Thomas Building, 1314 Wood Street, 38, Fletcher, N.C. 28732. Applicant’s rep cant’s representative: Donald B. Morri Dallas, Tex. 75202. resentative: H. Charles Ephraim, 1411 son, Post Office Box 22628, Jackson, Miss. No. MC 97357 (Sub-No. 32 TA ), filed K Street NW„ Washington, D.C. 20005. 39205. Authority sought to operate as June 9,1970. Applicant: ALLYN TRANS Authority sought to operate as a common a common carrier, by motor vehicle, over PORTATION COMPANY, 14011 South carrier, by motor vehicle, over irregular regular routes, transporting: G eneral Central Avenue, Los Angeles, Calif. routes, transporting: General commodi- commodities, except those of unusual 90059. Authority sought to operate as a ties (except those of unusual value, value, classes A and B explosives, live common carrier, by motor vehicle, over classes A and B explosives, household stock, commodities in bulk and commodi irregular routes, transporting: Catalytic goods as defined by the Commission, ties requiring special equipment; (1) be blown asphalts, emulsions, road oils, and commodities in bulk, and those requiring tween Meridian, Miss., and Brookhaven, asphalt, from Los Angeles County, Calif., special equipment), between Indianap Miss., from Meridian over U.S. Highway to Silver City, N. Mex., and points within olis, Ind., on the one hand, and »on the 45 to Waynesboro, thence over Mississippi 50 miles radius of Silver City, N. Mex., other, Milwaukee, Wis., and points in Highway 84 to Brookhaven, and return for 180 days. Supporting shipper: Ari the Milwaukee, Wis., commercial zone. over the same route, serving all inter zona Refining Co., 1505 North Arco Restriction: Restricted to the transpor mediate points, restricted against traffic Drive at Six Points, Post Office Box 1453, tation of traffic moving from, to, or moving between Waynesboro and Me Phoenix, Ariz. Send protests to: District through authorized service points in the ridian for * subsequent interchange at Supervisor John E. Nance, Bureau of States of Georgia. North Carolina, South either point; (2) between Laurel, Miss., Operations, Interstate Commerce Com Carolina, and Tennessee, and serving and Collins, Miss., from Laurel over mission, Room 7708, Federal Building, Indianapolis, Ind., for the purpose of Mississippi Highway 15 to Bay Springs, 300 North Los Angeles Street, Los joinder only, for 120 days. No te: The thence over Mississippi Highway 43 Angeles, Calif. 90012. authority described will be tacked at to Mendenhall; thence over UJS. High No. MC 103993 (Sub-No. 533 TA ), filed Indianapolis, Ind., to applicant’s exist way 49 to Collins, and return over June 10, 1970. Applicant: MORGAN ing authority to enable service to and the same route, serving all intermediate DRIVE-AWAY, INC., 2800 West Lexing from authorized points in Georgia, North points and the off-route points of Mize ton Avenue, Elkhart, Ind. 46802. Appli Carolina, South Carolina, and Tennes and Taylorsville; (3) between Prentiss cant’s representative: Ralph H. Miller see. Applicant proposes to interline with and Mendenhall, Miss., over Mississippi (same address as above). Authority other carriers at Milwaukee, Wis. Sup Highway 13, serving no intermediate sought to operate as a common carrier, porting shippers: There are approxi points, as an alternate route for operat by motor vehicle, over irregular routes, mately 34 statements of support at ing convenience only; (4) between Me transporting: Drywall accessories includ tached to the application, which may be ridian and Laurel, Miss., from Meridian ing adhesives, cement, tape, beads, examined here at the Interstate Com over Interstate 59, serving no inter corners, studs, and nails, from the plant- merce Commission in Washington, D.C., mediate points, as an alternate route for site and warehouse facilities of Supra or copies thereof which may be exam operating convenience only; (5) between Corp., of Ohio, at Cleveland, Ohio, to ined at the field office named below. Newton and Bay Springs, Miss., over points in Connecticut, Maryland, New Send protests to: Jack K. Huff, District Mississippi Highway 15, serving no inter Jersey, Rhode Island, West Virginia, Supervisor, Interstate Commerce Com mediate points, as an alternate route for Massachusetts, Indiana, south of High mission, Bureau of Operations, 316 East operating convenience only; (6) between way 40 (except Indianapolis, Columbus, Morehead, Suite 417 (BSR Building), Laurel and Hattiesburg, Miss., over U.S. Terre Haute, and Seymore), and points Charlotte, N.C. 28202:' Highway 11 and/or Interstate Highway in Illinois south of Highway 24 for 180 No. MC 69116 (Sub-No. 128 TA ), filed 59 to Hattiesburg and return over the days. Supporting shipper: Supro Corp., June 9, 1970. Applicant: SPECTOR same route, serving no intermediate of Ohio, Cleveland, Ohio. Send protests FREIGHT SYSTEM, INC., 205 West points, for 180 days. No te: Applicant to: J. H. Gray, District Supervisor, Inter Wacker Drive, Chicago, HI. 60606. Appli intends to tack with authority in MC state Commerce Commission, Bureau of cant’s representative: Edward G. Baze- 77972 and subs thereunder and interline Operations, Room 204, 345 West Wayne lon, 38 South La Salle Street, Chicago, at all gateway points. Supporting ship Street, Fort Wayne, Ind. 46802. HI. 60603. Authority sought to operate pers: There are approximately 100 state No. MC 106674 (Sub-No. 73 TA ), filed as a common carrier, by motor vehicle, ments of support attached to the appli June 5, 197d. Applicant: SCHILLI over regular routes; transporting: G en- cation, which may be examined here at MOTOR LINES, INC., Post Office Box wal commodities (except those of un the Interstate Commerce Commission in 122, Delphi, Ind. 46923. Applicant’s rep usual value, classes A and B explosives, Washington, D.C., or copies thereof resentative: Thomas R. Schilli (same household goods as defined by the Com which may examined at the field office address as above). Authority sought to mission, commodities in bulk, and those named below. Send protests to: Floyd operate as a common carrier, by .motor requiring special equipment), serving A. Johnson, District Supervisor, Inter vehicle, over irregular routes, transport Treason, Wis., as an intermediate point state Commerce Commission, Bureau of ing: Anhydrous ammonia, in tank h applicant’s regular route between Operations, 390 Federal Office Building, vehicles, from Joliet, HI., to points in Merrill, Wis., and Rhinelander, Wis., 167 North Main Street, Memphis, Tenn. Indiana, Michigan, and Ohio and from over Wisconsin Highway 17, for 180 days. 38103. Frankfort, Ind., to points in Illinois, ^ A p p l ic a n t intends to tack the au- No. MC 87088 (Sub-No. 8 TA), filed Michigan, and Ohio, for 180 days. inonty here applied for with all author- June 9, 1970! Applicant: SOONER Supporting shipper: American Cyana- w * CH?ia*nec* ^ NIC 69116 and sub num- EXPRESS, INC., Post Office Box 1219, mid Co., Post Office Box 400, Princeton, T w ‘'hereunder. Supporting shippers: Denison, Tex. 75020. Applicant's repre N.J. Send protests to: District Super of c, are aPPr°xhnately io statements sentative: John Perkins (same address visor J. H. Gray, Interstate Commerce whi^POr^ U'tthched to the application, as above). Authority sought to operate Commission, Bureau of Operations, Into + I?ay 136 examined here at the as a contract carrier, by motor vehicle, Room 204, 345 West Wayne Street, Fort ^uerstate Commerce Commission in over irregular routes, transporting: Wayne, Ind. 46802. whioh eton’ D C ’ or copies thereof Dairy products, from Carthage, Mo., to No. MC 107295 (Sub-No. 388 TA ), filed nfflio may ** examined at the field points in Texas, California, Washington, June 2, 1970. Applicant: PRE-FAB Anrti.Qnaillet* below. Send protests to: Arizona, Louisiana, Oklahoma, Nebraska, TRANSIT CO., a corporation, Post Office visnr? * Monteomery, District Super- Missouri, Oregon, Kansas, Arkansas, Box 146, Farmer City, HI. 61842. Author »interstate Commerce Commission, Florida, and Alabama, for 180 days. ity sought to operate as a com m on

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 2D, 1970 10188 NOTICES carrier, by motor vehicle, over irregular Applicant does not intend to tack with 11211. Send protests to: John V. Barry, routes, transporting: Roofing and roofing existing authority. Supporting shipper: District Supervisor, Interstate Commerce materials, supplies and accessories inci Pet Inc., Frozen Food Division, Pet Commission, Bureau of Operations, 1100 dental thereto, (1) from the plantsite of Plaza, 400 South Fourth Street, St. Louis, Federal Office Building, 911 Walnut the Celotex Corp. located at Camden, Mo. 63166. Send protests to: E. K. Willis, Street, Kansas City, Mo. 64106. Ark., to points in Alabama, Louisiana, Jr., District Supervisor, Interstate Com No. MC 115322 (Sub-No. 70 TA), filed Mississippi, Arkansas, Colorado, Illinois, merce Commission, Bureau of Opera June 5, 1970. Applicant: REDWING Indiana, Iowa, Kansas, Kentucky, Mich tions, 513 Thomas Building, 1314 Wood REFRIGERATED, INC., Post Office Box igan, Minnesota, Missouri, Montana, Street, Dallas, Tex. 75202. 1698, Sanford, Fla. 32771. Authority Nebraska, New Mexico, North Dakota, No. MC 108207 (Sub-No. 301 TA), sought to operate as a common carrier, Ohio, Texas, Oklahoma, South Dakota, filed June 9, 1970. Applicant: FROZEN by motor vehicle, over irregular routes, Tennessee, Wisconsin, Wyoming, Con FOOD EXPRESS, 318 Cadiz Street, transporting: Frozen foods, from Hum necticut, Delaware, Maine, Maryland, Post Office Box 5888, Dallas, Tex. 75222. boldt, Tenn., to points in Connecticut, Massachusetts, New Hampshire, New Applicant’s representative: J. B. Ham, Delaware, District of Columbia, Maine, Jersey, New York, Rhode Island, Ver (same address as above). Authority Maryland, Massachusetts, New Jersey, mont, Virginia, and the District of sought to operate as a common carrier, New York, New Hampshire, Ohio, Penn Columbia; (2) from the plantsite of the by motor vehicle, over irregular routes, sylvania, Rhode Island, Vermont, Vir Celotex Corp. located at Chicago, HI., to transporting: Cheese and cheese prod ginia, and West Virginia, for 180 days. points in Alabama, Louisiana, Mississippi, ucts, from Girard, Kans., to Los Angeles, Supporting shipper: Ocoma Foods Co., Arkansas, Colorado, Kansas, Missouri, Calif., for 150 days. No te: Carrier does 810 Farnam Street, Omaha, Nebr. 68102. New Mexico, Texas, Oklahoma, Ten not intend to tack authority. Supporting Send protests to: District Supervisor G. nessee, Connecticut, Delaware, Florida, shipper: Wilson Certified Foods, Inc., H. Fauss, Jr., Interstate Commerce Com Maine, Maryland, Massachusetts, New 4545 Lincoln Boulevard, Oklahoma City, mission, Bureau of Operations, Box Hampshire, New York, New Jersey, Okla. 73103. Send protests to: E. K. Wil 35008, 400 West Bay Street, Jacksonville, Pennsylvania, Rhode Island, Vermont, lis, Jr., District Supervisor, Interstate Fla. 32202. West Virginia, and the District of Commerce Commission, Bureau of No. MC 115322 (Sub-No. 71 TA), filed Columbia; (3) from the plantsite of the Operations, 513 Thomas Building, 1314 June 5, 1970. Applicant: REDWING Celotex Corp. located at Lagro, Ind., to Wood Street, Dallas, Tex. 75202. REFRIGERATED, INC., Post Office Box points in Alabama, Louisiana, Missis No. MC 112520 (Sub-No. 218 TA ), filed 1698, Sanford, Fla. 32771. Authority sippi, Arkansas, Colorado, Illinois, Iowa, June 6, 1970. Applicant: McKENZIE sought to operate, as a common carrier, Kansas, Michigan, Minnesota, Missouri TANK LINES, INC., New Quincy Road, by motor vehicle, over irregular routes, (except St. Louis), Montana, Nebraska, Tallahassee, Fla. 32302. Applicant’s rep- transporting: Frozen foods, from Cari New Mexico, North Dakota, Texas, representative: Sol. H. Proctor, 1729 Gulf bou, Portland, and Presque Isle, Maine, Oklahoma, South Dakota, Tennessee, Life Tower, Jacksonville, Fla. 32207. Au to points in Delaware, District of Colum Wisconsin, Wyoming, Connecticut, thority sought to operate as a common bia, Maryland, New Jersey, New York Florida, Maine, Massachusetts, New carrier, by motor vehicle, over irregular south of Route 23 and east of Route 30, Hampshire, Rhode Island, and Vermont routes, transporting: Crude tall oil and and Pennsylvania east of Route 15, for (restricted against the transportation of pulp mill liquid, in bulk, in tank vehicles, 180 days. Supporting Shippers: American rock wool from Lagro, Ind.), for 180 from Mahrt, Ala., to Panama City, Fla., Kitchen Foods, Inc., Caribou, Maine days. No te: Applicant states it intends for 180 days. Supporting shipper: 04736; Potato Service, Inc., Post Office to tack and interline with other carriers. Arizona Chemical Co., Ill West 50th Box 809, Presque Isle, Maine 04769. Send Supporting shipper: The Celotex Corp., Street, New York, N.Y. 10020. Send pro protests to: District Supervisor G. 1500 North Dale Mabry, Tampa, Fla. tests to: G. H. Fauss, Jr. District Super Fauss, Jr., Bureau of Operations, Inter 33607. Send protests to: Harold Jolliff, visor, Interstate Commerce Commission, state Commerce Commission, Box 35008, District Supervisor, Interstate Com Bureau of Operations, Box 35008, 400 400 West Bay Street, Jacksonville, Fla. merce Commission, Bureau of Opera West Bay Street, Jacksonville, Fla. 32202. 32202. tions, Room 476, 325 West Adams Street, No. MC 113158 (Sub-No. 12 TA), filed No. MC 115654 (Sub-No. 11 TA), filed Springfield, 111. 62704. June 9, 1970. Applicant: TODD TRANS June 4, 1970. Applicant: TENNESSEE No. MC 107295 (Sub-No. 391 TA ), filed PORT COMPANY, INC., Secretary, Md. CARTAGE CO., INC., 813 Ewing Avenue, June 9, 1970. Applicant: PRE-FAB 21664. Applicant’s representative: Harry Post Office Box 1193, Nashville, Tenn. TRANSIT CO., 100 South Main Street, Harrington Todd, Secretary, Md. 21664. 37203. Applicant’s representative: Walter Farmer City, 111. 61842. Authority sought Authority sought to operate as a common Harwood, Suite 1822, Parkway Towers, to operate as a common carrier, by motor carrier, by motor vehicle, over irregular 404 James Robertson Parkway, Nashville, vehicle, over irregular routes, transport routes, transporting: Empty containers Tenn. 37219. Authority sought to operate ing: Plumber’s goods, bathroom or for agricultural commodities, from Salis as a common carrier, by motor vehicle, lavatory fixtures, and accessories, from bury, Md., to points in Kent County, Del., over irregular routes, transporting. Mansfield and Shelby, Ohio, to points in for 180 days. Supporting shipper: Olin- Meats, meat products, meat byproducts, Illinois, Iowa, Michigan, Indiana, New kraft, Inc., West Monroe, La. 71291; H. T. dairy products, and articles distribute^ York, North Carolina, Pennsylvania, Nichols, Manager—Transpprtation Rates by meat packinghouses, as described i South Carolina, Texas, and Wisconsin, and Research. Send protests to: Paul J. appendix I to the report in Descriptions for 180 days. Supporting shipper: Borg- Lowry, District Supervisor, Interstate in Motor Carrier Certificates, 61 M.o.c. Warner Plumbing Products, 201 East Commerce Commission, Bureau of 209, frozen foods, foodstuffs, when mov Fifth Street, Mansfield, Ohio 44901. Send Operations, 206 Old Post Office Building, ing in mechanically refrigerated e^u*P' protests to: Harold Jolliff, District 129 East Main Street, Salisbury, Md. ment, except commodities in bulk, ir Supervisor, Interstate Commerce Com 21801. points in Davidson County, Tenn., mission, Bureau of Operations, Room No. MC 113908 (Sub-No. 206 TA), filed points in Jackson, Limestone, and Ma 476, 325 West Adams Street, Spring- June 8, 1970. Applicant: ERICKSON son Counties, Ala., Catoosa, Dade, MJ> field, 111. 62704. TRANSPORT CORPORATION, 2105 ray, Walker, and Whitfield Counties, •> No. MC 108207 (Sub-No. 300 TA), filed East Dale Street, Springfield, Mo. 65804. and Barren, Calloway, Christian, Grav , June 9, 1970. Applicant: FROZEN FOOD Authority sought to operate as a common Logan, McCracken, Muhlenburg, a EXPRESS, 318 Cadiz Street, Post Office carrier, by motor vehicle, over irregular Warren Counties, Ky., and Bedfo > Box. 5888, Dallas, Tex., 75222. Applicant’s routes, transporting: Vinegar, in bulk, in Sumner, and Montgomery Counties, representative: J. B. Ham (same address tank vehicles, from Brooklyn, N.Y., to Tenn., and points in that part of Tennes as above). Authority sought to operate as points in Iowa, Illinois, Minnesota, Mis see on and east of U.S. Highway 27, a common carrier, by motor vehicle, over souri, Tennessee, and Wisconsin, for 180 180 days. Note: Applicant states it aoe irregular routes, transporting: Frozen days. No te: Applicant will tack with MC not seek any duplicating authority- p foods, from Chickasha, Okla., to points 113908 Subs 105, 178, and 193. Support porting shippers: M & M MARS, in Kansas, Minnesota, Wisconsin, and to ing shipper: Old Dutch Mustard Co., Inc., Street, Hackettstown, N.J. 07840; E. • Sioux Falls, S. Dak., for 180 days. Note: 80 Metropolitan Avenue, Brooklyn, N.Y. Brach & Sons, Post Office Box 80 ,

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 NOTICES 10189

Chicago, HI.; Standard Candy Co., 443 No. MC 119767 (Sub-No. 246 TA ), filed sion, Bureau of Operations, 705 Federal Second Avenue North, Nashville, Tenn. June 8, 1970. Applicant: BEAVER Office Building, Omaha, Nebr. 68102. 37202; Hershey Foods Corp., Hershey, Pa. TRANSPORT CO., 100 South Calumet No. MC 12564 (Sub-No. 12 TA), filed 17033. Send protests to: Joe J. Tate, Street, Burlington, Wis. 53105. Appli June 5, 1970. Applicant: EVERGREEN District Supervisor, Bureau of Opera cant’s representative: A. Bryant Tor- FREIGHT LINES, INC., East 5205 Un tions, ICC, Suite 803, 1808 West End horst (same address as above). Authority ion, Spokane, Wash. 99206. Authority Building, Nashville, Tenn. 37203. sought to operate as a common carrier, sought to operate as a common carrier, No. MC 116273 (Sub-No. 124 TA ), filed by motor vehicle, over irregular routes, by motor vehicle, over regular routes, June 9, 1970. Applicant: D & L TRANS transporting: Foodstuffs, in vehicles, transporting: General commodities, ex PORT, INC., 3800 South Laramie Avenue, equipped with mechanical refrigeration, cept classes A and B explosives, house Cicero, 111. 60650. Applicant’s representa from Champaign, 111., to points in Indi hold goods defined by the Commission, tive: William La very (same address as ana, Michigan, Ohio, Kentucky, and commodies in bulk and those requiring above). Authority sought to operate as a Sharon, Pa.; Foodstuffs (except meat special equipment, between Davenport, common carrier, by motor vehicle, over and meat products), in vehicles equipped Wash., and Grand Coulee, Wash,, serving irregular routes, transporting: Special with mechanical refrigeration, from all intermediate points, from Davenport gas for emission testing, in bulk, in tank Chicago, 111., to points in Ohio on and over U.S. Highway 2 to Coulee City, vehicles, from Whiting, Ind., to Mesa, south of a line starting at the Indiana- Wash.; then from Coulee City over U.S. Ariz., for 150 days. Supporting shipper: Ohio State line at Delphos, Ohio, thence Highway 2 to its junction with Wash American Oil Co., Post Office Box 5690, along U.S. Highway 30 to Marion, thence ington Highway 155; thence over Wash Chicago, HI. 60680. Send protests to: along Ohio State Highway 95 to Fred- ington Highway 155 to Grand Coulee, and Raymond E. Mauk, District Supervisor, ericktown, thence along Ohio State return over the same route, for 180 days. Interstate Commerce Commission, Bu Highway 13 to Mount Vernon, thence Note : Applicant proposes to tack author reau of Operations, 1086 U.S. Courthouse along U.S. Highway 36 to Cadiz, thence ity granted with its present authority and Federal Office Building, 219 South along U.S. Highway 250 to the Ohio- at Davenport, Wash., and Grand Coulee, Dearborn Street, Chicago, 111. 60604. West Virginia State line. Restricted to Wash. Supporting shippers: There are No. MC 116778 (Sub-No. 1 TA), filed traffic originating at the plantsite and approximately 11 statements of support June 8, 1970. Applicant: FLOYD R. warehouse facilities of Kraftco in Cham attached to the application, which may BEARD, Post Office Box 43, Denmark, paign and Chicago, 111., and destined to be examined here at the Interstate Com S.C. 29042. Applicant’s representative: the named territory, for 180 days. Sup- merce Commission in Washintgon, D.C., Frank A. Graham, Jr., 707 Security Fed Kraftco Corp., 505 North Sacramento or copies thereof which may be examined eral Building, Columbia, S.C. 29201. Au Boulevard, Chicago, 111. (A. P. Stefanisin, at the field office named below. Send thority sought to operate as a common Supervisor of Transportation). Send pro protests to: L. C. Taylor, District Super carrier, by motor vehicle, over irregular tests to: District Supervisor Lyle D. Hei visor, Interstate Commerce Commission, routes, transporting: Highway trailers fer, Interstate Commerce Commission, Bureau of Operations, 401, U.S. Post Of loaded with a knocked down steel tank Bureau of Operations, 135 West Wells fice, Spokane, Wash. 99201. consisting of flat and rolled steel plates in Street, Room 807, Milwaukee, Wis. No. MC 126038 (Sub-No. 3 TA), filed various sizes and thicknesses, and mis 53203. June 9, 1970. Applicant: PENINSULA cellaneous contractor’s tools necessary No. MC 123157 (Sub-No. 15 TA), filed PRODUCTS, INC., 47 Northeast Middle- for the assembly o f the-tan k having an June 9, 1970. Applicant: CEMENT field Road, Portland, Oreg. 97211. Au immediate prior movement by rail, from TRANSPORTERS, INC., Rillito, Ariz. thority sought to operate as a contract Denmark, S.C., to the construction site 85246. Applicant’s representative: A. carrier, by motor vehicle, over irregular of said tank at the Savannah River Plant Michael Bernstein, 3550 North Central, routes, transporting: (1) shakes and (Atomic Energy Commission), South 1327 United Bank Building, Phoenix, shingles, from points in Washington and Carolina; return of the highway trailer, Ariz. 85012. Authority sought to operate Oregon, to points in California, limited from the said construction site to Den as a common carrier, by motor vehicle, to contract with International Paper Co. mark, S.C., for an immediate subsequent over irregular routes, transporting: Ce with respect to commodities owned by movement by rail for 180 days. Support m ent, from Crestmore and Oro Grande, it; and (2) grocery products, nonperish ing shipper: Nooter Corp., 1400 South Calif., to points in Arizona except those able canned goods, packaged bulk com Third Street, St. Louis, Mo. 63166. Send in Yuma and Mohave Counties, for 180 modities, dried and dehydrated fruits, Protests to: Arthur B. Abercrombie, Dis days. Supporting shipper: American Ce vegetables, and beans, from points in trict Supervisor, Interstate Commerce ment Corp., Riverside Division, 2404 California and Oregon, to Seattle, Wash., Commission, Bureau of Operations, 300 Wilshire Boulevard, Los Angeles, Calif. limited to contract with J. C. Wright Columbia Building, 1200 Main Street, 90057. Send protests to: Andrew V. Bay Sales Co. with respect to commodities Columbia, S.C. 29201. lor, District Supervisor, Interstate Com owned by it; for 180 days. Supporting No. MC 118263 (Sub-No. 27 TA), filed merce Commission, Bureau of Op shippers: International Paper Co., Long- jj“ ® 1970. Applicant: COLDWAY erations, 3427 Federal Building, Phoenix, Bell Division, Box 308, Veneta, Oreg. CARRlERg> INC., Post Office Box 38, Ariz. 85025. 97487; J. C. Wright Sales Co., 5933 Sixth Highv^ay No- 131> Clarksville, Ind. No. MC 124211 (Sub-No. 147 TA), filed Avenue South, Seattle, Wash. 98101. Send ’ <130. Applicant’s representative: Alan June 5, 1970. Applicant: HILT TRUCK protests to: District Supervisor A. E. h Serby of Watkins & Daniell, Suite 1600 LINE, INC., Post Office Box H, Council Odoms, Bureau of Operations, Interstate S o Pederal Building, Atlanta, Ga. Bluffs, Iowa 51501. Authority sought to Commerce Commission, 450 Multnomah rn«?3, Authority sought to operate as a operate as a common carrier, by motor Building, Portland, Oreg. 97204. wmon carrier, by motor vehicle, over vehicle, over irregular routes, transport No. MC 126102 (Sub-No. 7 TA), filed 3 k r routes, transporting: Fozen ing: Plumbing fixtures, materials, and June 9, 1970. Applicant: ANDERSON wastuffs, fom Salisbury, Md., to points supplies, and accessories (except com MOTOR LINES, INC., 37 Woodruff phn°1?îlec^cu*'’ Delaware, Maine, Massa- modities in bulk), from points in Arm Road, Walpole, Mass. 02081. Authority New Hampshire, New Jersey, strong County, Pa., and Columbiana sought to operate as a contract carrier, w Y,°rk’ Ollio> Pennsylvania, Rhode Is- County, Ohio, to points in the United by motor vehicle, over irregular routes, aJ ’J ermont> Virginia, West Virginia, States west of U.S. Highway 61 (except transporting: Commodities as are used ÎÜ-5® District of Columbia, for 180 Minnesota, Iowa, Alaska, and Hawaii), or sold in Radio Shack retail stores, (1) ^.Supportingshipper: Campbell Soup for 150 days. No te: Applicant does not between Fort Worth, Tex., and points in nno 7,eneral Offices, 375 Memorial Ave- intend to tack, however, applicant will Florida, South Carolina, Georgia, Ala to- n r S ^ 611’ N J - 08101. Send protests interline over origin points named. Sup bama, Mississippi, Tennessee, Kentucky, mêhi t r!ct SuPervisor James W. Haber- porting shipper: Eljer Plumbingware Louisiana, Arkansas, Missouri, Iowa, . -interstate Commerce Commission, Division, Wallace-Murray Corp., 3 Gate Illinois, Minnesota, and Wisconsin, and areau of Operations, 802 Century Build- way Center, Pittsburgh, Pa. 15222. Send (2) between Delair, N.J., and points in New Jersey, New York, Pennsylvania, ri. ’ 36 South Pennsylvania Street, In- protests to: Carroll Russell, District Su manapolis, Ind. 46204. Delaware, District of Columbia, Virginia, pervisor, Interstate-Commerce Commis West Virginia, North Carolina, and

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 10190 NOTICES

Maryland, for 180 days. Supporting plantsite in Marion County, S.C., to ing, 1000 Liberty Avenue, Pittsburgh shipper: Radio Shack, Eastern Regional points in Florida, for 180 days. Support Pa. 15222. Warehouse, 58 Irving Street, Watertown, ing shipper: Marion Metal Corp., Post No. MC 134282 (Sub-No. 1 TA) (Cor Mass. 02172. Send protests to: Harold G. Office Box 190, Marion, S.C. 29571. Send rection), filed May 20, 1970, published Danner, Room 221 IB John F. Kennedy protests to: Arthur B. Abercrombie, Dis in the F ederal R egister issue of May 28, Government Center Building, Boston, trict Supervisor, Interstate Commerce 1970, and republished in part, as cor Mass. 02203. Commission, Bureau of Operations, 300 rected, this issue. Applicant: ENNIS No. MC 127844 (Sub-No. 8 TA), filed Columbia Building, 1200 Main Street, TRANSPORTATION CO., INC., Post Of June 9, 1970. Applicant: L. B. BARN Columbia, S.C. 29201. fice Box 447, Dallas, Tex. 75119. Appli HILL AND I. S. JOHNSON, JR., a part No. MC 127844 (Sub-No. 12 TA), filed cant’s representative: William D. White, nership doing business as B & J Trans June 9, 1970. Applicant: L. B. BARN Jr., 2505 Republic National Bank Tower, portation, Route 2, Box 162, Mullins, S.C. HILL AND I. S. JOHNSON, JR., a part Dallas, Tex. 75201. No te: The purpose of 29574. Applicant’s representative: Henry nership, doing business as B & J TRANS this partial republication is to reflect the P. Willimon, Post Office Box 1075, Green PORTATION, Route 2, Box 162, Mullins, name and address of the supporting ville, S.C. 29602. Authority sought to op S.C. 29574. Applicant’s representative: shipper as follows: “The Celotex Corp., erate as a common carrier, by motor ve Henry P. Willimon, Post Office Box 1075, 1500 North Dale Mabry, Tampa, Fla. hicle, over irregular routes, transporting: Greenville, S.C. 29602. Authority sought 33607.’’ The rest of the application r0- New furniture, from Schoolfield Indus to operate as a common carrier, by motor mains as previously published. tries plantsite, Mullins, S.C., to points in vehicle, over irregular routes, transport No. MC 134460 (Sub-No. 1 TA), filed Alabama, Florida, and Georgia, for 180 ing: New furniture, from Nichols, S.C., June 9, 1970. Applicant: AMERICAN days. Supporting shipper: Schoolfield to points in Georgia, Florida, and Ala TRANSPORT SYSTEM, INC., 871 Industries, Mullins, S.C. 29574. Send bama, for 180 days. Supporting shipper: Charter Street, Redwood City, Calif. protests to: Arthur B. Abercrombie, Unagusta Manufacturing Corp., Una- 94061. Applicant’s representative: E. H. District Supervisor, Interstate Com gusta of South Carolina, Inc., Post Office Griffiths, 433 Turk Street, San Francisco, merce Commission, Bureau of Opera Box 268, Nichols, S.C. Send protests to: Calif. 94102. Authority sought to op tions, 300 Columbia Building, 1200 Main Arthur B. Abercrombie, District Super erate as a common carrier, by motor ve Street, Columbia, S.C. 29201. visor, Interstate Commerce Commission, hicle, over irregular routes, transport No. MC 127844 (Sub-No. 9 TA ), filed Bureau of Operations, 300 Columbia ing: Yeast, margarinei vegetable oil, June 9, 1970. Applicant: L. B. BARN Building, 1200 Main Street, Columbia, shortening, and baker’s supplies in tem HILL AND I. S. JOHNSON, JR., a part S.C. 29201. perature-controlled equipment, from San nership, doing business as B & J TRANS No. MC 128763 (Sub-No. 6 TA), filed Francisco, Oakland, and Los Angeles, PORTATION, Route 2, Box 162, Mullins, June 8, 1970. Applicant: K. H. TRANS Calif., to points within 100 miles of S.C. 29574. Applicant’s representative: PORT, INC., R.F.D. 2, Ellicott City, Md. Phoenix, Ariz., with interline privileges Henry P. Willimon, Post Office Box 1075, 21043. Applicant’s representative: Ches to other Arizona points beyond, for 180 Greenville, S.C. 29602. Authority sought ter A. Zyblut, 1522 K Street NW., Wash days. No te: Applicant states to interline to operate as a common carrier, by motor ington, D.C. 20005. Authority sought to with carriers for points over 100 miles vehicle, over irregular routes, transport operate as a common carrier, by motor of Phoenix, Ariz. Supporting shipper: ing: New furniture, from Dillon, S.C., to vehicle, over irregular routes, transport Standard Brands Inc., 300 Paul Avenue, points in Alabama, Georgia, and Florida, ing: Frozen foodstuff, from Salisbury, San Francisco, Calif. 94124. Send pro for 180 days. Supporting shipper: Dillon Md., to points in Connecticut, Delaware, tests to: Claud W. Reeves, District Su Furniture Manufacturing Co., Dillon, Maine, Massachusetts, New Hampshire, pervisor, Interstate Commerce Commis S.C. 29536. Send protests to: Arthur B. New Jersey, New York, Ohio, Pennsyl sion, Bureau of Operations, 450 Golden Abercrombie, District Supervisor, Inter vania, Rhode Island, Vermont, Virginia, Gate Avenue, Box 36004, San Francisco, state Commerce Commission, Bureau of West Virginia, and the District of Co Calif. 94102. Operations, 300 Columbia Building, 1200 lumbia, for 180 days. Supporting ship No. MC 134496 TA (Correction), filed Main Street, Columbia, S.C. 29201. per: Albin J. Budash, Manager— April 13, 1970, published in the F ederal No. MC 127844 (Sub-No. 10 TA ), filed Transportation Cost Analyses, Campbell R egister, issues of April 22, 1970, and June 9, 1970. Applicant: L. B. BARN Soup Co., 375 Memorial Avenue, Cam May 27,1970, and republished in part, as HILL AND I. S. JOHNSON, JR., a part den, N.J. 08101. Send protests to: Wil corrected, this issue. Applicant: A & B nership, doing business as B & J TRANS liam L. Hughes, District Supervisor, EXPRESS COMPANY, a corporation, PORTATION, Route 2, Box 162, Mullins, Interstate Commerce Commission, Bu 6314 Dewey Avenue, West New York, N.J. S.C. 29574. Applicant’s representative: reau of Operations, 1125 Federal Build 07093. Applicant’s representative: George Henry P. Willimon, Post Office Box 1075, ing, Baltimore, Md. 21201. A. Olsen, 69 Tonnele Avenue, Jersey City, Greenville, S.C. 29602. Authority sought No. MC 129625 (Sub-No. 4 TA), filed N.J. 07306. The sole purpose of this to operate as a common carrier, by motor June 9, 1970. Applicant: ROBERT J. partial republication is to reflect the cor vehicle, over irregular routes, transport COLE, doing business as ROBERT COLE rect docket number assigned as MC ing: New furniture, from points-in Horry TRUCKING, Rural Delivery No. 3, In 134496 TA, inadvertently shown as MC County, S.C., to points in Georgia, Ala diana, Pa. 15701. Applicant’s represent 134494 TA in the publication of May 27, bama, and Florida, for 180 days. Sup ative: William J. Lavelle, 2310 Grant 1970. The rest of the application re porting shipper: Frank & Son, Inc., 470 Building, Pittsburgh, Pa. 15219. Author mains as previously published. Park Avenue South, New York, N.Y. ity sought to operate as a common car No. MC 134534 (Sub-No. 1 TA) (Cor 10016. Send protests to: Arthur B. Aber rier, by motor vehicle, over irregular rection), filed May 19, 1970, published crombie, District Supervisor, Interstate routes, transporting: Coal, in dump ve in the F ederal R egister issue of May ¿1, Commerce Commission, Bureau of Op hicles; (1) from points in Huston Town 1970, and republished in part, as cor erations, 300 Columbia Building, 1200 ship, Clearfield County, Pa., to points in rected, this issue. Applicant: LUIS BAd- Main Street, Columbia, S.C. 29201. Onondaga County, N.Y., and to points in TERRECHEA, doing business as that part of New York on and west of BASTERRECHEA - DISTRIBUTING, No. MC 127844 (Sub-No. 11 TA ), filed Interstate Highway 81; and (2) from June 9, 1970. Applicant: L. B. BARN 1213 Nevada, Gooding, Idaho 83^u- points in Elk County, Pa., to points in o te HILL AND I. S. JOHNSON, JR., a part N : The sole purpose of this partial re nership, doing business as B & J TRANS Onondaga County, N.Y., and to points publication is to reflect the correct doc PORTATION, Route 2, Box 162, Mullins, in that part of New York east of U.S. number assigned as MC 134534 (Sub- • Highway 15 and on and west of Inter 1 TA), inadvertently shown as No. » S.C. 29574. Applicant’s representative: 13534 (Sub-No. 1 TA) in the Previous Henry P. Willimon, Post Office Box 1075, state Highway 81 for 180 days. Support publication. The rest of the application Greenville, S.C. 29602. Authority sought ing shipper: Coal Hill Mining Co., Inc., to operate as a common carrier, by motor remains as previously published. Du Bois, Pa. 15801. Send protests to: No. MC 134666 TA, filed June 8, 19'»- vehicle, over irregular routes, transport Applicant: LEO HULSHOF, Route No. ¡>, ing: Voting machines, electrically and Frank L. Calvary, District Supervisor, mechanically activated, and com ponent Interstate Commerce Commission, Bu Holly Grove Road, Lewisburg, Tenn. parts thereof (uncrated), from the reau of Operations, 2111 Federal Build 37091. Authority sought to operate as a

FEDERAL REGISTER, VOL 35, NO. 120— SATURDAY, JUNE 20, 1970 NOTICES 10191 common carrier, by motor vehicle, over Nevada, and Arizona, restricted to traffic Commerce Act provided for under the irregular routes, transporting: Wood originating in Canada, for 180 days. Sup new rules of Ex Parte No. MC-67 (49 chips, from Lewisburg, Tenn., to Hawes- porting shipper: (1) Jack Forgan Whole C F R Part 1131)., published in the F ederal ville, Ky., for 180 days. Supporting ship sale Meats Ltd., 500 Dawson Road, St. R egister, issue of April 27,1965, effective per: C. D. Dalton Lumber Co., Route No. Boniface 6, Manitoba, Canada; (2) O. K. July 1, 1965. These rules provide that 5, Lewisburg, Tenn. Send protests to: Packers, 505 Dawson Road, St. Boniface protests to the granting of an application Joe J. Tate, District Supervisor, Inter 6, Manitoba, Canada; (3) Canada Pack must be filed with the field official named state Commerce Commission, Bureau of ers Ltd., St. Boniface, Manitoba, Canada; in the F ederal R egister publication, Operations, 803-1808 West End Build and (4) Bums Foods Ltd., Post Office Box within 15 calendar days after the date of ing, Nashville, Tenn. 37203. 70, Winnipeg 1, Manitoba, Canada. Send notice of the filing of the application is No. MC 134667 TA, filed June 8, 1970. protests to: J. H. Ambs, District Super published in the F ederal R egister. One Applicant: AAA FREIGHT COMPANY, visor, Interstate Commerce Commission, copy of such protests must be served on INC., Post Office Box 251, St. Ann, Mo. Bureau of Operations, Po*st Office Box the applicant, or its authorized repre 63074, 10227 Bach Boulevard, St. Louis, 2340, Fargo, N. Dak. 58102. sentative, if any, and the protests must Mo. 63132. Authority sought to operate certify that such service has been made. as a common carrier, by motor vehicle, Motor Carrier of P assengers The protests must be specific as to the over irregular routes, transporting: Ex No. MC 1515 (Sub-No. 152 TA), filed service which such protestant can and press shipments, in packages not ex June 1, 1970. Applicant: GREYHOUND will offer, and must consist of a signed ceeding 200 pounds per in emergency LINES, INC., 1400 West Third Street, original and six copies. and/or in expediting service in vehicles Cleveland, Ohio 44113. Applicant’s rep A copy of the application is on file, and not exceeding 2,400 pounds gross weight, resentative: J. E. Adkins (same address can be examined at the Office of the between points in Missouri and Illinois, as above). Authority sought to operate as Secretary, Interstate Commerce Com for 180 days. Supporting shippers: Fed a common carrier, by motor vehicle, over mission, Washington, D.C., and also in eral Metallurgical Division, Inc., Post regular routes, transporting: Passengers field office to which protests are to be Office Box 219, Alton, Hh; PPG Indus and their baggage, and express and news transmitted. tries, Inc., Mississippi Avenue, Crystal papers, in the same vehicle with passen Motor Carriers of P roperty City, Mo. 63109; United Nuclear Corp., gers; (1) between College Park, Ga., and Route 21 A, Hematite, Mo. 63047. Send Hapeville, Ga., from College Park over No. MC 112588 (Sub-No. 16 TA), filed protests to: District Supervisor J. P. Virginia Avenue to its junction with Cen June 11, 1970. Applicant: RUSSELL Werthmann, Bureau of Operations, In tral Avenue, thence over Central Avenue TRUCKING LINE, INC., 2011 Cleveland terstate Commerce Commission, Room to Hapeville, and return over the same Road, Sandusky, Ohio 44870. Applicant’s 3248, 1520 Market Street, St. Louis, Mo. route, serving all intermediate points; representative: Wm. E. Kocher (same 63103. and (2) between College Park, Ga., and address as above). Authority sought to No. MC 134668 TA, filed June 8, 1970. Macon, Ga., from College Park over In operate as a common carrier, by motor Applicant: MARINE TERMINALS, INC., terstate Highway 85 to junction Inter vehicle, over irregular routes, transport 1040 Biscayne Boulevard, Miami, Fla. state Highway 285, thence over Inter ing: Paint, paint products, plasterboard 33132. Applicant’s representative: Steven state Highway 285 to junction Interstate joint system, plasterboard joint com A. Schultz, 1301 Alfred I. Du Pont Build Highway 75, thence over Interstate High pound, and plasterboard tape, from the ing, Miami, Fla. 33131. Authority sought way 75 to Macon, and return over the plantsite of United States Gypsum Co. to operate as a contract carrier, by motor same route, serving all intermediate at Gypsum, Ohio; to points in Illinois, for vehicle, over irregular routes, transport points; for 180 days. Applicant states that 180 days. Supporting shipper: United ing: General commodities (except those tacking is intended. Supporters: Ford States Gypsum Co., 101 South Wacker of unusual value, classes A and B ex Motor Co., 1122 Milledge Drive, Post Of Drive, Chicago, 111. 60606. Send protests plosives, and household goods as defined fice Box 107, East Point, Ga. 30044; South to: Keith D. Warner, District Supervisor, by the Commission), between points in Fulton Chamber of Commerce, Post Of Interstate Commerce Commission, Bu Dade County, Fla., for 180 days; re fice Box 90726, East Point, Ga. 30044; reau of Operations, 5234 Federal Office stricted to traffic having a prior or sub R. E. Brown, Mayor, City of East Point, Building, 234 Summit Street, Toledo, sequent movement by water. The au Ga. 30044; Jet Air Freight, 750 Lairport, Ohio 43604. thority sought is limited to transporta El Segundo, Calif.; Woodward Academy, No. MC 115295 (Sub-No. 11 TA), filed tion of trailers or semitrailers already Post Office Box 190, College Park, Ga. June 11,1970. Applicant: BOB UTGARD, laden with such general commodities. 30022; City of College Park, College Park, doing business as UTGARD TRUCKING, Note: Applicant states it does not in Ga. 30022 (Ralph L. Presley, Mayor) ; Route 3, New Richmond, Wis. 54017. Ap tend to load or unload such trailers. Sup Emery Air Freight Corp., Post Office Box plicant’s representative: Val M. Higgins, porting shippers: Marina Mercante Ni- 20714, Municipal Airport, Atlanta, Ga. 1000 First National Bank Building, Min caraguense, Managua, D. N. Nicaragua; 30320; Stith Equipment Co., Post Office neapolis, Minn. 55402. Authority sought Pan American Mail Line, Inc., Apar- Box 677, Municipal Airport Station, At to operate as a common carrier, by mo tado 4369, Panama 5, Republic of Pan lanta, Ga. 30320. Send protests to: G. J. tor vehicle, over irregular routes, trans ama; Atlantic Lines, Ltd., 1040 Biscayne Baccei, District Supervisor, Interstate porting: Dry mink feed, from Abbotsford, Bomevard, Miami, Fla. 33132. Send pro Commerce Commission, Bureau of Op Wis., to points in Connecticut, Illinois, tests to: District Supervisor Joseph B. erations, 181 Federal Office Building, 1240 Indiana, Iowa, Massachusetts, Michigan, .chert, Interstate Commerce Commis- East Ninth Street, Cleveland, Ohio. Minnesota, Nebraska, North Dakota, f^ B u reau of Operating Rights, 5720 44199. South Dakota, and Wisconsin, and Mon Southwest 17th Street, Room 105, Miami, tana, for 180 days. Supporting shipper: Fla. 33155. By the Commission. Wisco Milling Co., Menomonie, Wis. Send No. MC 134671 TA, filed June 9, .1970. protests to: District Supervisor A. E. Applicant: BEE-LINE DISTRIBUTORS [ seal] H. Neil Garson, Secretary. Rathert, Interstate Commerce Commis PD 27 Haliburton Bay, Winnipeg 22, sion, Bureau of Operations, 448 Federal «.J® Canada. Applicant’s repre- [F.R. Doc. 70-7825; Filed, June 19, 1970; Building and U.S. Courthouse, 110 South ntahve: t . C. Eaton (same address as 8:49 a.m.] Fourth Street, Minneapolis, Minn. 55401. ppncant) . Authority sought to operate No. MC 124701 (Sub-No. 6 TA ), filed a e?mmon carrier, by motor vehicle, INotice 97] June 11, 1970. Applicant: HAYWARD vrLr, lrre&ular routes, transporting: TRANSPORTATION, INC., Main Street, * frozen meats, and smoked, MOTOR CARRIER TEMPORARY Fairlee, Vt. 05045. Applicant’s represent . «secured, and canned meats, requir- AUTHORITY APPLICATIONS ative: Frederick T. O’Sullivan, 372 ofrefrigeration, from ports Granite Avenue, Milton, Mass. 02186. J une 17, 1970. lino k / on international boundary Authority sought to operate as a contract ad« between the United States and Can- The following are notices of filing of carrier:, by motor vehicle, over irregular Nnvoe near Pembina, N. Dak., and applications for temporary authority un routes, transporting: Petroleum and pe y s* ™mn., to points in California, der section 210a (a) of the Interstate troleum products, from Boston and

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 10192 NOTICES

Braintree, Mass., to Burlington, Barre, No. MC 134646 TA, filed May 28, 1970. the triangle starting with the junction of Bradford, St. Johnsbury, and Montpelier, Applicant: L & H TRANSPORT, INC.‘, Interstate Highway 5—Golden State Vt., and Berlin, N.H., for 180 days. Sup 12010 North Portland Road, Portland, Highway and Sierra Highway, then pro porting shipper: Bradford Oil Co., Inc., Oreg. 97203. Applicant’s representative: ceeding north on Interstate Highway 5 Bradford,'Vt. 05033. Send protests to: Seymour L. Coblens, 510 Corbett Build to Castaic Junction then east on pro Martin P. Monaghan, Jr., District Super ing, Portland, Oreg. 97204. Authority posed State Highway 126 to the point visor, Interstate Commerce Commission, sought to operate as a contract carrier, where it crosses-Soledad Canyon Road, Bureau of Operations, 52 State Street, by motor vehicle, over irregular routes, then east on Soledad-Canyon Road to Room 5, Montpelier, Vt. 05602. transporting: 1. Iron or steel articles, its junction with Sierra Highway and] No. MC 133231 (Sub-No. 4 TA), filed cast, forged or wrought, rough or ma south on Sierra Highway to its junction June 11, 1970. Applicant: ROBERT A. chined, painted or unpainted, and new with Interstate Highway 5, and all points BRINKER, INC., 21 Diaz Street, Iselin, and used machinery for the mining and within 3 lateral miles of said roads on N.J. 08830. Applicant’s representative: construction industry between places of either side of said roads, to Los Angeles,; George A. Olsen, 69 Tonnele Avenue, Jer manufacture, warehousing or disembar Montebello, Pico River, and Santa Fe; sey City, N.J. 07306. Authority sought to kation, from points in Washington, Ore Springs, Calif., for 180 days. Note:! operate as a contract carrier, by motor gon, California, and Arizona to points Applicant intends to interline at Los vehicle, over irregular routes, transport in Montana, Idaho, Utah, Nevada, Ari Angeles, Montebello, Pico River and ing: Organs, equipment, and component zona, and New Mexico, and between Santa Fe Springs, Calif. Supporting ship-; parts thereof, between Norwich, Conn., points in New York, New Jersey, Illinois, pers: Bucheimer-Clark Leather Goods on the one hand, and, on the other, Indiana, Pennsylvania, Ohio, Kentucky, Corp., 25562 Avenue Stanford, Valencia,, Linden and Woodbridge, N.J., for 150 Michigan, Minnesota, Wisconsin, and Calif. 91355; Eddie Pope & Co., Inc.;] days. Supporting shipper: Magnus Organ Missouri to points in Utah, New Mexico, 25572 Avenue Stanford, Valencia, Calif.f Corp., 1600 West Edgar Road, Linden, Idaho, Montana, Arizona, California, 91355; M. W. Sausse & Co., Inc., 25590» N.J. 07036. Send protests to: District and Washington, and between each of West Avenue Stanford, Valencia, Calif.; Supervisor Robert S. H. Vance, Inter them. All of the foregoing transporta 91355; Associated Water Well Supply,,; state Commerce Commission, Bureau of tion to be limited to contracts with Amer Inc., 17000 Sierra Highway, Suagus, Operations, 970 Broad Street, Newark, ican-Western Foundries. 2. (a) Heavy Calif. 91350. Send protests to: District N.J. 07102. electrical equipment, including trans Supervisor Philip Yallowitz, Bureau of No. MC 133709 (Sub-No. 2 TA), filed formers, switchgear, motors, and other Operations, Interstate Commerce Com June li, 1970. Applicant: HIAWATHA similar equipment; (b) (1) between mission, Room 7708, Federal Building,; PRODUCE COMPANY, 3850 Fourth points in each of the following States to 300 North Los Angeles Street, Los An-, Street, Winona, Minn. 55987. Applicant’s points in any one or all of the other geles, Calif. 90012. representative: Francis Ciscuski (same States mentioned in this paragraph No. MC 134683 TA, filed June 11, 1970.. address as above). Authority sought to 2(b )(1): Washington, Oregon, Idaho, Applicant: LANDRY TRANSFER, INC-,; operate as a contract carrier, by motor California, Arizona, Montana, and Utah; doing business as LANDRY TRANSFER,; vehicle, over irregular routes, transport and (2) from manufacturers and dealers 2515 23d Avenue South, Minneapolis, ing: Fresh or frozen dressed poultry, located in the States of New York, Illi Minn. 55404. Applicant’s representative: frozen poultry products, and frozen nois, Pennsylvania, Ohio, Michigan, John Landry, Landry Transfer, Inc., foods, from Faribault, Minn., to Man Minnesota, Mississippi, Florida, and 2515 23d Avenue South, Minneapolis, chester, N.H., and Providence, R.I., and North Carolina to Lake Oswego, Oreg., Minn. 55404. Authority sought to operate points in Connecticut, District of Colum or from such foregoing States to cus as a contract carrier, by motor vehicle, bia, Illinois, Indiana, Kentucky, Mary tomers located in the States mentioned over irregular routes, transporting: Un land, Massachusetts, Michigan, Missouri, in paragraph 2(b)(1) above, (c) All of crated and crated m etal set up finished New Jersey, New York, Ohio, Pennsyl the foregoing transportation in this par burial cases, from Minneapolis, Minn., to vania, Virginia, and West Virginia, for agraph 2 to be limited to contracts with points in Douglas, Burnett, Washburn, 180 days. Supporting shipper: Doughboy Martin Electric Co. 3. Machine tools, Barron, Polk, Buffalo, Dunn, Chippewa, Industries, Inc., New Richmond, Wis. fabricating equipment and tools for Pierce, Eau Claire, Trempealeau, Pepin, 54017. Send Protests to: A. N. Spath, metal fabricating, between points in La Crosse, and St. Croix Counties, Wis., District Supervisor, Interstate Com Oregon, Washington, Idaho, Montana, for 180 days. Supporting shipper: Bates- merce Commission, Bureau of Opera California, Texas, North Carolina, Ohio, ville Casket Co., Inc., Batesville, Ind. tions, 448 Federal Building and U.S. Indiana, Illinois, Michigan, Wisconsin, 47006. Send protests to: A. N. Spath, Dis Courthouse, 110 South Fourth Street, and Iowa. All of the foregoing transpor trict Supervisor, Interstate Commerce Minneapolis, Minn. 55401. tation in this paragraph 3 to be limited Commission, Bureau of Operations, 448 No. MC 134564 (Sub-No. 1 TA), filed to contracts with Fahey Machinery Co., Federal Building and U.S. Courthouse,- June 11, 1970. Applicant: MORRIS H. Inc., for 180 days. Supporting shippers: 110 South Fourth Street, Minneapolis, GLOVER, doing business as GLOVER Martin Electric Co., Post Office Box 588, Minn. 55401. FARMS, Holland, Va. 23391. Applicant’s Lake Oswego, Oreg. 97034; American- By the Commission. representative: Charles Ephraim, 1411 K Western Foundries, Post Office Box 1288, Street NW., Washington, D.C. 20005. [seal] H. Neil Garson, Santa Barbara, Calif. 93102; Fahey Secretary. Authority sought to operate as a con Machinery Co., Inc., Post Office Box tract carrier, by motor vehicle, over ir 23393, Portland, Oreg. 97223. Send pro [F.R. Doc. 70-7826; Filed, June 19, 1970; j regular routes, transporting: Plastic con tests to: District Supervisor W. J. Huetig, 8:49 a.m.] tainers, from Franklin, Va., to Baltimore, Interstate Commerce Commission, Bu Md.; Jersey City, N.J.; Philadelphia, Pa.; reau of Operations, 450 Multnomah [Notice 550] Washington, D.C.; Rocky Mount, N.C.; Building, 120 Southwest Fourth Avenue, Dunn, Greenville, N.C.; Frederick, Md.; Portland, Oreg. 97204. MOTOR c a r r ie r tr a n sfer Pittsburgh, Pa.; Catawissa, Pa.; Reading, PROCEEDINGS Pa.; Hoboken, N.J.; Vineland, N.J.; No. MC 134672 TA, filed June 9, 1970. Brooklyn, N.Y.; Atlanta, Ga., and Brun- Applicant: E. N. SCULLY, S. H. SCULLY, J une 17,1970. didge, Ala.; and Plastic raw materials, L. A. SCULLY AND R. J. SCULLY, Co Synopses of orders entered pursuant to from Jersey City, N.J., to Franklin, Va., partners, doing business as VALENCIA TRUCKING, Valencia, Calif. 91355. Ap section 212(b) of the Interstate Com for 150 days. Supporting shipper: Apollo merce Act, and rules and regulations pre Plastics, Inc., Post Office Box 621, Frank plicant’s representative: William David son, 2455 East 24th Street, Vernon, Calif. scribed thereunder (49 CFR Part 1 lin, Va. 23851. Send protests to: Robert 90058. Authority sought to operate as a pear below: . , W. Waldron, District Supervisor, Inter common carrier, by motor vehicle, over \s provided in the Commission s spe state Oommerce Commission, Bureau of irregular routes, transporting: G eneral I Rules of Practice any interestea Operations, 10-502 Federal Building, commodities, from points within the :son may file a petition see Richmond, Va. 23240. following described area lying within

FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 NOTICES 10193

reconsideration of the following num County, S. Dak.; general commodities, and west of U.S. Highway 169 from bered proceedings within 20 days from with the usual exceptions, from Water- junction with Iowa Highway 3 to the the date of publication of this notice. town, S. Dak., to Hendricks, Minn.; Iowa-Minnesota State line, including Pursuant to section 17(8) of the Inter building materials, from Fort Dodge, points on the indicated portions of the state Commerce Act, the filing of such Iowa, and points within 5 miles of Fort highways specified; and emigrant mova a petition will postpone the effective date Dodge, and Sioux Falls and Rapid City, bles, between Hendricks, Minn., and of the order in that proceeding pending S. Dak., to Hendricks, Minn.; refrigera points within 15 miles of Hendricks, on its disposition. The matters relied upon tion equipment and farm machinery the one hand, and, on the other, points by petitioners must be specified in their parts, from Sioux Falls, S. Dak., to in Iowa, South Dakota, and Wisconsin. petitions with particularity. Hendricks, Minn.; agricultural machin A. R. Fowler, Registered Practitioner, No. MC-FC-72175. By order of June 12, ery, from Waterloo, Iowa, to Hendricks, 2288 University Avenue, St. PaulvMinn. 1970, the Motor Carrier Board approved Minn.; animal and poultry feed, from 55114, representative for applicants. the transfer ,to Carl J. Martin doing busi Oel'wein, Iowa, to points in Lincoln No. MC-FC-72208. By order of June 16, ness as Carl J. Martin Trucking, Buck- County, Minn., and to those in Brook 1970, the Motor Carrier Board approved hannon, W. Va., of the operating rights ings, Deuel, and Moody Counties, S. Dak., the transfer to Skellet Moving, Inc., in permit No. MC-116369 (Sub-No. 6) is and from Sioux City and Oelwein, Iowa, Minneapolis, Minn., of the operating sued June 5, 1967, to William Roy Cal to Hendricks, Minn.; livestock, between rights in certificate No. MC-74681 issued houn, Petersburg, W. Va., authorizing the Hendricks, Minn., and points within 15 June 3, 1958, to Skellet Van & Storage transportation of wood residuals from miles thereof, on the one hand, and, on Co., a corporation, Minneapolis, Minn., points in a specified portion of West the other, Sioux City, Iowa; grain, stoves, authorizing the transportation of house Virginia, Virginia, Maryland, Pennsyl twine, furnaces, livestock, and farm ma hold goods between points in Colorado, vania, and Ohio to Luke, Md. James H. chinery, between Hendricks, Minn., and Connecticut, Illinois, Indiana, Iowa, Coleman, Jr., Coleman & Wallace, Buck- points within 15 miles of Hendricks, on Kentucky, Maryland, Michigan, Minne hannon, W. Va. 26201, attorney for the one hand, and, on the other, Min sota, Missouri, Nebraska, New Jersey, applicants. neapolis, St. Paul,- and South St. Paul, New York, North Dakota, Ohio, Pennsyl No. MC-FC-72192. By order of June 12, Minn., Sioux Falls and Watertown, vania, South Dakota, Tennessee, Vir 1970, the Motor Carrier Board approved S. Dak-., and points in Brookings and ginia, Wisconsin, West Virginia, and the the transfer to Dennis E. Pierson, doing Deuel Comities, S. Dak., and that part District of Columbia. Donald A. Morken, business as Pierson Trucking, Ivanhoe, of Iowa north of a line beginning at the 1000 First National Bank Building, Min Minn., of the operating rights in certifi Iowa-South Dakota State line and ex neapolis, Minn. 55402, attorney for cate No. MC-109189 issued December 18, tending along Iowa Highway 10 to junc 1963, to Albert Kelm, doing business as tion Iowa Highway 17 near Havelock, applicants. Kelm Truck Line, Ivanhoe, Minn., au Iowa, thence along Iowa Highway 17 to [seal] H. Neil GarsOn, thorizing the transportation of groceries, junction Iowa Highway 3 at or near Secretary. fruits, and vegetables, from Minneapolis Pocahontas, Iowa, thence along Iowa [F.R. Doc. 70-7827; Filed, June 19, 1970; and St. Paul, Minn., to points in Hamlin Highway 3 to junction U.S. Highway 169, 8:49 a.m.]

No. 120-----8 FEDERAL REGISTER, VOL. 35, NO. 120— SATURDAY, JUNE 20, 1970 10194 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— JUNE

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

3 CFR Page 7 CFR— Continued Page 9 CFR—Continued Pfte® P roclamations: 811______8915 Proposed R ules—Continued 3279

15 CFR Page 19 CFR— Continued Page 29 CFR— Continued Page 368 ______9109 P roposed R ules— Continued P roposed R u l e s : 369 ------9112 32______8741 462------10113 370 ...... 8882, 9113,10109 53 _____ —______8741 371 ______9119 54 ______8741 30 CFR 372 ------9127 P roposed R u l e s : 373 ______9136 20 CFR 75______8569 374 _t ______:_____ 9154 404 ______8928, 9277, 9278, 9923 375------—------9156 405 ______9278 31 CFR 376 ------9166 422______9278 377 __ 9173 614______9000 P roposed R u l e s : 378 ______9177 10______8892 379 ______- 8882, 9178,10109 P roposed R ules : 385 ______:___ 9184 602______9016 32 CFR 386 ______9185 21 CFR 513______8888 387______—— 9198 533______10110 388 ____ 9200 1______8550,578 8928____ 9279 389 ______;__ 9204 3______9000 19_ _ _ . 9854 591 ------:------8554 390 ______— _____ 9206 592 ______8556 399______9207 120 ______8476, 8885, 8929, 8930, 9207 121 ______8551, 593 ______8557 610______9923 594 _ 8558 1000____ 9248 8552,8930, 9001, 9208, 9855, 10146 130 ______9001 595 ______8566 Proposed R u l es: 596 ______8566 7______8943,135b 8944______9856 135e______597:__ 10146______8566 601 ______8566 16 CFR 141b______8931 602 ______8566 144______9855 2______10146 146 ______9209,10147 603 ___ 8566 13____ 8657, 8658, 8883-8885, 9851-9853 606______8566 146b______8931 608____ 8566 15______10109,10110 149b______8552 501------9108 612------8567 320______8822 721— ------10006 Proposed R u l es: P roposed R u l e s : 736------10007 302______i l 85031______9214 761------10008 427------____------10116 18______8584 888d------9811 120___ 9214 1001______8659 17 CFR 130______9014,9215 1600______10009 Proposed R u l es: 144____ 9215 1631______10009 270...... 9860 22 CFR 32A CFR 18 CFR 41——______8659 BDSA(Ch.VI): 131 ______8887 2_____ 8927 BDSA Reg. 2, Dir. 13______9108 141______201______10147 FRS (Ch. X V ): 8821 208______10147 154______8633 Reg. V______9812 Ch. V______8553 24 CFR P roposed R u l e s : Proposed R u l e s: 200______8822 Ch. X ______10153 2__ 10152 1914 ______8732, 9993,10147 33 CFR 601_ 8942 1915 ------8733, 9913,10148 602 _ 8942 P roposed R u l e s : 110------8823 117------9003, 9924 19 CFR 15______*______9215 204------9279 41------8586 207------8481 s 12____ 8885 26. ____ 9251 25 CFR 401______8936 i 30.__ roposed u l e s 9251 46_____ 8822 P R : 9251 108______* ______10005 117------8500, 8664, 9017-9019 9251 221______8886 9251 36 CFR 9251 26 CFR 11------8734 9251 1------____ 8477, 8932 111__ 9254 13______8823 38 CFR ? 114...... 9261 20------848021— ------9812 ! 146. 9262 ! 147. 25—______:______8480 9268 147 ------8553 39 CFR j 153____IIIIIIIII 9271 154------8886 P ro posed R u l e s : 126______9279 P roposed R u l e s : 153— ______8481 4 . Í . ______8829 1______- ______8569, 9927 5 _ .___:____ 8829 P roposed R u l e s : 6 _ 31_____ 10016 ______8829 151------9015 113______8892 3 8------IIIZ ____8741, 8829 301------9927, 10016 133______10022 7 14_____ ” ______8741 5 15______8741, 8829 28 CFR 41 CFR B 16-______8741 0— ------9857 1-1______8482 8 17______8741 B 18__ 1-2______8485 ______8829 29 CFR 1-16______*______8485 8 22___ ------8741 0 23___ 204------10130 3-3------9004 8 24______8741 604______— 8935 3-4------10111 8 30______8499 606______8935 5A-1______9924 8 31______8741 689______91085A -16______9925 ______8741 1601------i______10005,10110 5A-73 ______9925 10196 FEDERAL REGISTER

41 CFR— Continued Page 43 CFR— Continued Pag® 47 CFR Page 8-16______8485 P roposed R u l e s : 0 ------8567, 8825 8- 95_ 8485 5430______10153 1 ------8825, 9008 9- 4______;______9006 2 ------8634, 8644,8828 9-5______9006, 9007 18------— — 8644 9-7______9006 45 CFR 73------:------8650, 8825 9-9______9006 2 3 4 ...______8990 83------8567 60-20______8888 249 ______8732 87------:------10013 101-17.______8485 250 ______10013 91------p------8939 101-20__ :______9007 P roposed R u l e s: P roposed R u l e s : 101-43______9280 204 ______8780 2------10030 101-44______9280 205 _------8780,10113 67------8502 101-45______9280 206______8784 73 __ _ 8670, 8834, 8946, 10031 101-47______1______8486 . 208______8785 74 ------8671 42 CFR 233______8786 91______10030 235______8789 95______10030 57______8487 246______8789 79______9282 248______8790 49 CFR 81______8889, 8938, 9008 j? 249______8793 1______9857 P roposed R u l e s : 251______8664 21______10080 34______9292 177______9284 37____ 8584 46 CFR 231______:_ 10149 52a.______- ____ 8662 1______9975 236______9926 78______9860 10______*______9975 310______8553, 8890 i 81______8499, 8748, 8892 32___ 9975 389______;____ 9209 50______9975 571______9211 43 CFR 52 ______à ______9975 1033______8735, 9213, 9858,10150 23______10009 53 _i______9976 1048______j ______9213 Ch. II______9502 54 ______9976 1056______I ______8890 1840______10010 55 ______9977 1307______8736] 1850______10011 56 ______9978 P roposed R u l e s : 4120______10011 57 ______^______9980 170-189______8831 4130______10012 58 ______9980 172 ______8502 5490______10012 61______9980 173 ______8502,8946 5510______10012 63______9981 190______88331 P ublic L and Orders: 70______9981 192______8833,9293 2618 (modified by PLO 4845) — 9857 77______9981 393._____ 98591 4582 (modified by PLO 4837). 8824 90______9981 567______9293 4836____ 8824 96______9981 575______— 8667, 8832 j 4 8 3 7 ...______— 8824 146____ 9981 1048______8594, 9932 4838 _ 1— 8824 167______9982 4839 ______8825 171______10111 50 CFR 4840 ______8825 309 ______— ______8659 17____ - 8491, 8736,8941 4841 ______10012 310 ______8553, 8890 28______10015 4842 ______9857 531______9925 32 _ ___ 10015 4843 ______9857 P roposed R u l e s : 33 _ __ 10015; 4844.______9857 137______8945 258______10151, 4845______— 9857 540___ 8750 280______8890

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

government

Presents essential information about Government agencies (updated and republished annually)« Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, students, librarians, researchers, businessmen, and lawyers who need current official information about the U.S. Government. The United States Government Organization Manual is the official guide to the functions of the Federal Government, published by the Office of the Federal Register, GSA. 00 *3 per copy. Paperbound, with charts Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.