FEDERAL REGISTER VOLUME 35 • NUMBER 94 Thursday, May 14,1970 • Washington, D.C' Pages 7489-7543

Agencies in this issue— Agricultural Research Service Agricultural Stabilization and Conservation Service Agriculture Department Business and Defense Services Administration Civil Aeronautics Board Civil Service Commission Coast Guard Commodity Credit Corporation Consumer and Marketing Service Engineers Corps Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Trade Commission Fish and Wildlife Service Food and Drug Administration Food and Nutrition Service Interstate Commerce Commission Land Management Bureau Small Business Administration Detailed list of Contents appears inside. Just Released

CODE OF FEDERAL REGULATIONS

(Revised as of January 1, 1970)

Title 13— Business Credit and Assistance______$1.25 Title 24— Housing and Housing Credit______2. 50 Title 26— Internal Revenue (Parts 30-39)______1.25

[A Cumulative checklist of CFR issuances^ for 1970 appears in the first issue of the Federal Register each month under Title 1]

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

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AGRICULTURAL RESEARCH COMMODITY CREDIT Notices CORPORATION Hearings, etc.: SERVICE Consolidated Gas Supply Corp— 7524 Rules and Regulations Rules and Regulations Plaquemines Oil & Gas Co------7524 Hog cholera and other communi­ Dairy products; export programs; Skelly Oil Co. et al______7523 cable swine diseases; areas revocation______— 7505 quarantined ------— 7505 Flaxseed, 1970 Texas program; FEDERAL TRADE COMMISSION purchase price, premiums, and Rules and Regulations discounts------7504 AGRICULTURAL STABILIZATION Prohibited trade practices: AND CONSERVATION SERVICE CONSUMER AND MARKETING Astra Furs, Inc., and George Pologeorgis______7507 Rules and Regulations SERVICE B & J Fabrics, Inc., et al______7507 Feed grains; 1970 program------7495 Rules and Regulations De Vera, Julius B., et a l,______7508 Harold Wagner Furs, Inc., et al_ 7508 Grapefruit; importation------7504 Hirschman Fur Corp. et al------7509 AGRICULTURE DEPARTMENT Oranges grown in Arizona and Jet Party Favors, Inc., et al------7510 See also Agricultural Research California; handling limita­ Knits Internationale, Inc., et al_ 7510 Service; Agricultural Stabiliza­ tions: Party Time Mfg. Co. et al------7511 tion and Conservation Service; Navel oranges______7503 Commodity Credit Corporation; Valencia oranges------7504 FISH AND WILDLIFE SERVICE Consumer and Marketing Serv­ ice; Food and Nutrition Service. DEFENSE DEPARTMENT Notices Rules and Regulations See Engineers Corps. Johnny Gallardo; loan applica­ tion ______7518 Licensing inventions------7493 ENGINEERS CORPS Rules and Regulations FOOD AND DRUG ARMY DEPARTMENT Navigation; Chesapeake Bay,. ADMINISTRATION See Engineers Corps. Md., and St. Marys Falls Canal Notices and Locks, Mich_.______7512 Elanco Products Co.; withdrawal BUSINESS AND DEFENSE FEDERAL AVIATION of food additive petition------7519 SERVICES ADMINISTRATION ADMINISTRATION FOOD AND NUTRITION Notices Rules and Regulations SERVICE University of Chicago et al.; ap­ Standard instrument approach Rules and Regulations plications for duty-free entry of procedures; miscellaneous scientific articles______7518 amendments______7506 Food stamp program; addresses of northeast and southeast re­ CIVIL AERONAUTICS BOARD FEDERAL COMMUNICATIONS gional offices______7505 Proposed Rule Making COMMISSION HEALTH, EDUCATION, AND Air carriers and foreign air car­ Notices WELFARE DEPARTMENT riers; written notice of limita­ Common carrier services informa­ tions on baggage liability------7513 See Food and Drug Administra­ tion; domestic public radio serv­ tion. ices applications accepted for CIVIL SERVICE COMMISSION filin g ______7520 INTERIOR DEPARTMENT Standard broadcast application Rules and Regulations ready and available for proc­ See Fish and Wildlife Service; Excepted service; Department of essing ______7522 Land Management Bureau. Health, Education, and Wel­ fare ______7493 FEDERAL MARITIME INTERSTATE COMMERCE Notices COMMISSION COMMISSION Department of the Air Force; non­ Notices Rules and Regulations career executive assignment___ 7525 West Cruise Lines, Inc.; issuance Availability of records for public of performance and casualty inspection at field offices______7512 COAST GUARD certificates (2 documents)______7525 Notices Proposed Rule Making Fourth section applications for FEDERAL POWER COMMISSION re lie f______j------7540 Hackensack River, Little Ferry, Rules and Regulations Motor carrier, broker, water car­ N.J.; drawbridge operation____ 7513 rier, and freight forwarder ap­ Temporary emergency sales and plications ______7525 COMMERCE DEPARTMENT deliveries of natural gas for re­ Motor.carrier temporary authority sale in interstate commerce; applications______7540 See Business and Defense Serv­ general policy and interpreta­ ices Administration. tions ______.______7511 (Continued on next page) 7491 7492 CONTENTS

LAND MANAGEMENT BUREAU Notices California; classification of public lands for multiple use manage­ ment ______•______7516 Florida; filing of plats of survey_7516 Montana; classification of public lands for transfer out of Federal ownership ______7517 New Mexico; proposed withdrawal and reservation of lands______7518 SMALL BUSINESS ADMINISTRATION Notices Arizona Capital Corp.; surrender of small business investment company license______7522 Manager, Disaster Branch Office, Clarendon, Tex.; delegation of authority______7522 San Francisco-Pacific Fund, Inc.; application for transfer of con­ trol of licensed small business investment company______7522 TRANSPORTATION DEPARTMENT See Coast Guard; Federal Aviation Administration.

List of CFR Parts Affected

The following numerical guide is a list of the parts of each title of the Gode 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.

5 CFR 9 CFR 18 CFR 213______7493 76_____ 7505 2______7511 7 CFR 14 CFR 33 CFR 19_____ 7493 97______7506 207 ______7512 775____ 7495 P roposed R u l e s : 907 ______P roposed R u l e s : 908 ______ÏÎÏI 221------—-—— 117______7513 944____ 1421___ no« 16 CFR 1485___. 7505 13 (8 documents)______7507-7511 49 CFR 1600___ 7505 1001 7512 7493 Rules and Regulations

Sec. speedy development and commercial Title 5— ADMINISTRATIVE 19.3 Types of licenses. adoption of the Department invention. In 19.4 Nonexclusive licenses. selecting licensees and types of licenses, 19.5 Exclusive licenses. due consideration will be given to the PERSONNEL 19.6 Applications for licenses. 19.7 Advertising and marking. impact on general policies of the Gov­ Chapter I— Civil Service Commission 19.8 Revocation of licenses. ernment and the Department of Agri­ PART 213— EXCEPTED SERVICE 19.9 Reissuance. culture (e.g., rural area development, 19.10 Disputes. environmental quality, export market Department of Health, Education, 19.11 Decisions on refusal to issue or re­ development). issue licenses and revocations. and Welfare 19.12 Appeals. § 19.3 Types o f licenses. Section 213.3316 is amended to show 19.13 Mailing address. Either nonexclusive or exclusive that one position of Confidential Assist­ Au tho rity: The provisions of this Part 19 licenses under Department inventions ant to the Director of Juvenile Delin­ issued under 5 U.S.C. 301; President’s Mem­ may be issued by the Administrator. The quency, Social and Rehabilitation Serv­ orandum of Oct. 10, 1963 (Government Pat­ Administrator, in the case of each De­ ice; one position of Special Assistant to ent Policy) and Statement of Government partment invention made available for the Commissioner of Education; and one Patent Policy, 28 F.R. 10943. licensing, shall determine in accordance position of Special Assistant to the Dep­ § 19.1 Definitions. with this part which type shall be uty Assistant Secretary for Community As used in this part: granted. The Administrator shall have Development and Director, Center for (a) “Department invention” means published, in the F ederal R egister and Community Planning, are excepted un­ an invention covered by a patent or pat­ the Official Gazette of the U.S. Patent der Schedule C. Effective on publication ent application assigned to the Govern­ Office, lists of Department inventions in the F ederal R egister, subparagraph ment as represented by the Secretary available for each type of license, includ­ (1) of paragraph (c) and subparagraph of Agriculture or in the custody of the ing abstracts and technical information (14) of paragraph (n) are amended and Secretary for administrative purposes. where appropriate, and shall keep such subparagraph (7) is added to paragraph (b) “To the point of practical appli­ lists current. The listing of a Department (o) of § 213.3316 as set out below. cation” means to manufacture in the invention as available for an exclusive license shall not preclude consideration § 213.3316 Department of Health, case of a composition or product, to prac­ Education, and W elfare. tice in the case of a process, or to oper­ of an application for a nonexclusive li­ cense for such invention if an exclusive * * * * . * ate in the case of a machine and under license is not yet in effect. (c) Office of Education. (1) Four Spe­such conditions as to establish that the cial Assistants to the Commissioner of invention is being worked and that its § 19.4 Nonexclusive licenses. benefits are reasonably accessible to the Education. (a) A Department invention shall be public. * * * * * (c) “ To practice an invention” means made available for nonexclusive licenses (n) Office of the Assistant Secretary to make, use, or sell any embodiment of if the Administrator determines (1) that for Community and Field Services. * * * the invention, or to use the process where the invention has already been developed (14) Two Special Assistants to the the invention is a process. to, or substantially to, the point of prac­ Deputy Assistant Secretary for Commu­ (d) “ Secretary” means the Secretary tical application, and (2) that the incen­ nity Development and Director, Center of Agriculture or his designee. tive of an exclusive license is unnecessary for Community Planning. (e) “Administrator” means the Ad­ to complete the development of the invention. (o) Social and Rehabilitation Serv­ ministrator of the Agricultural Research ice. * * * Service or his designee. (b) The period of a nonexclusive (f) “ Government” means the Govern­ license shall be the life of the patent, (7) One Confidential Assistant to the unless revoked as provided in this part. Director of Juvenile Delinquency. ment of the United States of America. (g) “Appeals Board” means a board (c) The license shall extend to sub­ (5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR 1954- sidiaries and affiliates of the licensee, but 58 Comp., p. 218) appointed by the Secretary to hear an appeal made pursuant to this part. shall be nontransferable except to the U n ited S tates C iv il S erv­ successor of that part of the licensee’s (h) “ Licensee” means the person, business to which the invention pertains. ice C o m m is s io n , firm, or entity granted a license under a [ seal] James C. S p r y , Department invention. (d) The license shall reserve to the Executive Assistant to Administrator the right to require the the Commissioners. § 19.2 Purpose and policy. licensee to submit reports not more often [P.R. Doc. 70-5932; Filed, May 13, 1970; This part sets forth the procedures for than annually on his efforts to practice 8:48 a.m.] licensing Department inventions. De­ the invention. The reports shall contain partment inventions serve the interests information within his knowledge, or of the Government by being developed which he may acquire under normal to the point of practical application. It business practices, pertaining to the Title 7— AGRICULTURE is the policy of the Department of Agri­ commerical use being made of the in­ vention, and such other information re­ Subtitle A— Office of the Secretary of culture to encourage this by all suitable means, including the granting of lating to the license and invention as Agriculture licenses. Any Department invention will the Administrator determines pertinent. PART 19— LICENSING DEPARTMENT normally be made available to responsi­ (e) No royalties shall be charged on INVENTIONS ble applicants. Licenses will be granted nonexclusive licenses. on terms and conditions considered to be § 19.5 Exclusive licenses. Subtitle A, Title 7, CFR, is hereby the most favorable to the public interest. fe n d e d by adding the following new The public interest will in most instances (a) Basic requirements. A Depart­ Part 19: be best served by the granting of non­ ment invention shall be made available Sec. exclusive royalty-free licenses, but in for an exclusive license only if— 19.1 Definitions. other instances the incentive offered by (1) The Administrator determines 19.2 Purpose and policy. an exclusive license may be needed for that:

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 7494 RULES AND REGULATIONS

(1) The invention has not already after to offer its benefits for the the Administrator within 30 days after been developed to, or substantially to, remaining period of the license to the such publication and such application the point of practical application, public in accordance with a plan ap­ states that the applicant is likely to bring (ii) The invention is not likely to be proved by the Administrator. Such plan the invention to the point of practical developed to such point by the Govern­ may include fixing by the Administrator application without an exclusive license, ment or by means of nonexclusive li­ of the maximum price of sale. and contains documentation in support censes under the invention, and (4) The license may require the pay­ thereof; or (iii) The granting of an exclusive ment of royalties when determined by (3) A protest is filed by any person license will substantially accelerate its the Administrator to be in the public with the Administrator within 30 days development to the point of practical interest. after such publication, setting forth application; or (5) The license shall be subject to an reasons why it would not be in the public (2) The Administrator determines that irrevocable, nontransferable, royalty- interest to grant the proposed exclusive an invention made available for non­ free right of the Government to practice license. exclusive licenses at least 1 year pre­ the invention by or on behalf of the Government, or any foreign government, The Administrator shall make a decision viously, on the basis that it had been with respect to any such application or international organization, or group of developed substantially to the point of protest under subparagraphs (1), (2), practical application, has not been nations, pursuant to any treaty or and (3) of this paragraph, which de­ agreement. brought to the point of practical applica­ cision shall be final and conclusive unless tion, and that the granting of an exclu­ (6) The license shall reserve to the Government the right to require the appealed as provided in this part. sive license is necessary to completion of (e) Exception to exclusivity. Unless the development of the invention. granting of a sublicense on terms that are reasonable in the circumstances, in­ the exclusive license specifically limits (3) With respect to both subpara­ the authority of the Administrator to do cluding royalty-free, as determined by graphs (1) and (2) of this paragraph, so, the Administrator may issue a non­ the following must also be complied with the Administrator to the extent that the invention is required for public use by exclusive license under a Department in­ before the Administrator issues an ex­ vention which is the subject of an clusive license: Government regulations or as may be necessary to fulfill health needs, or for exclusive license if he détermines it in (i) At least 60 days notice by publi­ the public interest in connection with: cation in the F ederal R egister and the other public purposes stipulated in the license. ( 1 ) Settlement of an interference with Official Gazette of the Patent Office must respect to such invention; or (7) The license shall be subject to have been given of the availability of the (2) Obtaining the release of a claim of Department invention for an exclusive any rights of third parties established or derived directly or indirectly from a non­ infringement with respect to such in­ license; vention; or exclusive license previously granted (ii) At least 30 days notice by publi­ (3) An exchange for a license to the cation in the F ederal R egister and the under the invention. (8) The license shall be nontransfer­ Government under adversely held pat­ Official Gazette of the Patent Office must ents, including improvement patents have been given of the initial selection able except to the successor of that part of the licensee’s business to which the and inventions, relating to such inven­ of the licensee, and final decision must tion. invention pertains. have been rendered with respect to any (f) Litigation. An exclusive licensee application or protest filed pursuant to (9) The licensee, subject to approval of the Administrator, may grant sub­ shall, during the period of the license, this part as a result thereof . have the right to sue at his own ex­ (b) Matter for consideration in select­ licenses, subject to the conditions of the pense infringers of the licensed patent. ing licensee. The Administrator, in license. Each sublicense shall refer to the The licensee may join the Government, selecting an exclusive licensee, shall take rights retained by the Government under upon its consent, as a party complainant into consideration any factors deemed the license and a copy of each sublicense pertinent by him, including: shall be furnished to the Administrator. in such a suit, but without expense to the (1) Capability of applicants; (10) The license shall require the li­ Government, and the licensee shall pay (2) Terms proposed by applicants; censee to submit reports not more often all costs, and any final judgment or de­ (3) Whether applicants’ businesses than annually on his efforts to practice cree that may be rendered against itself are located in a low-income rural area, the invention. The reports shall contain or the Government as a result of such labor-surplus area, or in an area desig­ information within his knowledge, or suit. If, as a result of any litigation, the nated by the Government as economi­ which he may acquire under normal busi­ licensed patent is declared invalid, the cally depressed; ness practices, pertaining to the com­ licensee shall be relieved from any fur­ (4) Whether the applicants have mercial use being made of the invention, ther obligation under the license. previously demonstrated interest in the and such other information relating to § 19.6 Application for licenses. invention by obtaining a nonexclusive the license and invention as the Admin­ (a) Nonexclusive licenses. An applica­ license on it; and istrator determines pertinent. tion for a nonexclusive license under a (5) Whether applicants are U.S. cit­ (d) After initial selection of an ex­ Department invention shall be addressed izens, or, in the case of a corporation, clusive licensee, notice thereof shall be to the Administrator, and shall include: whether at least 51 percent of the stock published in the F ederal R egister and is owned by U.S. citizens, and whether the Official Gazette of the U.S. Patent (1) The name and address of the it is controlled by such citizens. Office. Such notice shall include identifi­ applicant; (2) The identity of the invention; (c) Terms and conditions. The follow­ cation of the Department invention, (3) A request for a nonexclusive li­ ing shall be applicable with respect to identification of the contemplated li­ exclusive licenses: censee, the period of the contemplated cense on such invention; and (1) The license may be granted to license, a summary statement of the (4) The purpose for which thé license practice an invention in a limited or un­ terms and conditions of the contem­ is desired. limited field of use either throughout the plated license, and a statement that the (b) Exclusive licenses. An application United States of America, its territories license will be granted unless: for an exclusive license under a Depart­ and possessions, or in only a part thereof. (1) A nonexclusive licensee of the in­ ment invention shall be addressed to the (2) The period for the license will be vention files a protest with the Admin­ Administrator, and shall include: negotiated; however, it will not extend istrator within 30 days after such (1) The name and address of the ap­ for more than 5 years, except in unusual publication, stating that he has already plicant, the type of business engaged in, cases as determined by the Administra­ brought or is likely to bring the inven­ and information as to the nationality of tor. The period of the license shall not tion to the point of practical applica­ the applicant, or, in the case of corpo­ include the terminal portion of the tion without an exclusive license, and ration, whether at least 51 percent of the patent, as determined by the Admin­ submitting documentation in support stock is owned by citizehs of the United istrator. thereof; or States, and whether it is controlled by (3) The license shall require the licen­ (2) An application for nonexclusive such citizens; see to develop the invention, and there- license on such invention is filed with (2) The identity of the invention;

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 RULES AND REGULATIONS 7495

(3) A request for an exclusive license (2) Satisfactory progress has not been § 19.13 Mailing address. on such invention; made in developing the invention to the All applications, requests for informa­ (4) The purpose for which the license point of practical application; or tion, appeals, and any other matter re­ is desired; (3) There has been nonuse of the lating to this part, should be mailed to (5) A description of applicant’s capa­ license.^ the Administrator, Agricultural Research bilities to undertake the industrial and § 19.9 Reissuance. Service, U.S. Department of Agriculture, market development required to develop Washington, D.C. 20250. the invention to the point of practical A license, including a revoked or ex­ application; t pired license, may be reissued upon the Effective date. This part shall become (6) The time and expenditure which licensee showing to the satisfaction of effective upon the date of its publication the applicant estimates is required to de­ the Administrator that he has developed in the F ederal R egister. velop the invention to the point of prac­ the inventiorvor is likely to develop the Done at Washington, D.C., this 8th tical application, and a statement of the invention, to the point of practical appli­ day of May 1970. applicant’s intention to invest that sum cation within a reasonable period. Re­ of money in development of the inven­ quests must be made to the Administrator C lifford M. H ar d in , tion if the license is granted; prior to or within 30 days after the ex­ Secretary of Agriculture. (7) The amount which the applicant piration or revocation of the license, or [F.R. Doc. 70-5928; Filed, May 13, 1970; considers to be a fair return on his ex­ such longer period as the Administrator 8:48 a.m.] penditure under the license; may fix for good cause shown in writing. (8) The period of exclusive license The Administrator may require, as a which the applicant believes to be the condition of the reissuance, that the Chapter VII— Agricultural Stabiliza­ minimum necessary to give a reasonable licensee develop the invention to the tion and Conservation Service expectation of said fair return; point of practical application within a (Agricultural Adjustment), Depart­ specified period. (9) Whether the applicant would be ment of Agriculture willing to accept an exclusive license to § 19.10 Disputes. practice the invention in a limited field SUBCHAPTER C— SPECIAL PROGRAMS Any dispute arising under a license of use and for a geographical area less [Amdt. 1] than the entire United States of which is not disposed of by mutual agree­ America, its territories and possessions. ment shall be decided by the Administra­ PART 775— FEED GRAINS tor who shall reduce his decision to writ­ If so, define the geographic portion Subpart— 1970 Feed Grain Program and/or limited field of use; and ing and mail or otherwise furnish a copy thereof to the licensee. His decision shall The regulations governing the 1970 (10) Any other facts which the appli­ be final and conclusive, unless within 30 cant believes would show it to be in the Feed Grain Program, 35 F.R. 5082, are days after receipt thereof, or such longer interests of the Government to grant an amended by adding the text of new period as the Secretary may determine, exclusive license to the applicant. §§ 775.1 through 775.24 and § 775.26 as the licensee mails or otherwise furnishes follows: (c) Fees. Each application for anto the Administrator a written appeal exclusive license must be accompanied addressed to the Secretary of Sec. 775.1 General. by a certified or cashier’s check, or bank Agriculture. or other recognized money order, in 775.2 Definitions. the amount of One Hundred Dollars § 19.11 Decisions on refusal to issue or 775.3 Administration. reissue licenses and revocations. 775.4 Requirements for eligibility. ($100.00). Such fee is for the purpose of 775.5 Maximum diversion acres. partially covering administrative ex­ Any decision by the Administrator 775.6 Designation, use, and care of di­ penses of issuing the license. The fee will pursuant to § 19.5(d) in connection with verted acreage. be refunded in full if the applicant is issuance of an exclusive license, any 775.7 Farm conserving base. not granted the licenser revocation by the Administrator of a 775.8 Permitted acreage of feed grains. license or a sublicense pursuant to § 19.8, 775.9 Farm feed grain base. § 19,7 Advertising and marking. 775.10 County projected yields, farm pro­ and any decision by the Administrator (a) No advertising shall refer to the jected yields, and diversion and refusing a request pursuant to § 19.9 for price support payment rates. license, the Department of Agriculture, reissuance of a license, shall be reduced 775.11 Notice of base acreages, yields and or the Government. to writing. The Administrator shall mail payments rates. (b) An exclusive license shall require or otherwise furnish a copy of his deci­ 775.12 Appeals. the licensee to mark the article made sion to the applicant, licensee, sub­ 775.13 Intention to participate in the pro­ under the license by fixing thereon the licensee, or protestante His decision shall gram. word “patent” or the abbreviation be final and conclusive, unless within 30 775.14 Transfer of farm feed grain acreage “pat.”, together with the number or affected by a natural disaster. days after receipt thereof, or such 775.15 Determinations of compliance. numbers of such patent or patents as longer period as the Secretary may deter­ 775.16 Diversion payment and price sup­ may be applicable. Likewise, where mine, the applicant, licensee, sublicensee, port payment. applicable, the words “patent applied or protestant mails or otherwise fur­ 775.17 Division of payments and additional for” or the abbreviation “ pat. appl.” nishes to the Administrator a written provisions relating to tenants and together with the number or numbers of appeal addressed to the Secretary of sharecroppers. such applications shall be marked on Agriculture. 775.18 Successors-in-interest. the article. When, from the character of 775.19 Scheme or device and fraudulent the article, this cannot be done, the § 19.12 Appeals. representation. 775.20 Setoffs and assignments. article shall have fixed to it or to the Any person filing an appeal pursuant 775.21 Reconstitution of farms. Package wherein one or more of them to § 19.10 or § 19.11 shall be afforded an 775.22 Performance based upon advice or are contained, a label containing a like action of county or State commit­ notice. opportunity to be heard before an Ap­ peals Board, and to offer evidence in tee. § 19.8 775.23 Supervisory authority of State com­ Revocation o f licenses. support of his appeal. The procedures to mittee. (a) Licenses and sublicenses there be followed in any such matter shall be 775.24 Delegation of authority. under may be revoked at any time by th 775.25 County projected yields and county determined by the Secretary of Agricul­ rates. Administrator if the Administrate ture. The Appeals Board shall make find­ determines that: 775.26 Substitution of feed grains for wheat ings of fact and recommendations with and wheat for feed grains, oats, and (1) The licensee or a sublicensee has rye. made any false report or committed a respect to disposition of the appeal. The decision on the appeal shall be made by Au th o r ity: The provisions of this sub- «reach of any covenant, agreement, or part issued under sec. 16(i), 79 Stat. 1190, as requirement contained in the license or the Secretary of Agriculture, and Such amended, 16 U.S.C. 590p(i);'sec. 105(e), 79 m this part; or decision shall be final and conclusive. Stat. 1188, as amended, 7 U.S.C. 1441 note.

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 7496 RULES AND REGULATIONS

§ 775.1 General. manure, or as protective conservation replanting of barley during the normal planting period. (a) The regulations in this subpart cover, except where the county commit­ provide terms and conditions for the feed tee determines such acreage was seeded (3) An acreage devoted to a mixture grain program for the 1970 crop of feed for harvest as grain, but harvesting was of crops is considered to be barley acreage grains under which diversion and price not carried out due to abnormal condi­ if the county committee determines the support payments are made to producers tions over which the producer had no combined wheat and barley content is 25 who divert acreage from the production, control. percent or more by weight at harvest, of barley, com, grain sorghums, and feed (2) For current year— any acreage of and such acreage meets the requirements wheat (herein called “feed grains”) to barley harvested as grain and any other of subparagraph (1) or (2) of this para­ approved conservation uses, and increase acreage seeded to barley, excluding: graph as being barley acreage, except their average acreage of cropland devoted (i) Barley prevented from reaching that an acreage devoted to a mixture in 1959 and 1960 to designated soil con­ maturity by being clipped and left on which includes wheat shall not be con­ serving crops or practices, including sum­ the land, destroyed by mechanical means sidered as barley acreage if the crop is mer fallow and idle land (herein called or natural causes, or used for other than considered as wheat acreage under the “ conserving base” ) , by an equal amount, grain not later than the farm disposal regulations pertaining to farm acreage except to the extent that they elect to date;, allotments, Part 728 of this chapter, as devote the diverted acreage to approved (ii) Barley approved as a conservation amended. alternate crops in lieu of conservation use in Part 792 of this chapter, as (c) “Corn acreage” means: uses and agree to a reduction in payments amended; (1) For 1959 and 1960—Any acreage as specified in § 775.16(h). The pro­ (iii) Barley within the permitted planted to field corn for harvest and any ducer’s election to produce the alternate acreage destroyed after farm disposal acreage of sweet corn harvested pri­ crops on the diverted acreage shall con­ date and prior to harvest to the extent marily for silage. It does not include: stitute his agreement to the reduction in that no grain or forage crop remains, (1) Close sown corn used for pasture payments. Payments will be made by the provided destruction is by: or green manure; actual or constructive delivery of negoti­ (a) Natural causes, and the operator (ii) Sweet corn harvested primarily able certificates which Commodity Credit requests reclassification in writing, or for market even though the forage is Corporation (CCC) will redeem in feed (b) Mechanical means, and the opera­ used for silage; grains, and cash advances will be made tor requests reclassification in writing, (iii) Popcorn, irrespective of use; and to producers who request the assistance and the acreage is used to meet a de­ ' (iv) Corn not harvested but left on the of CCC in marketing certificates earned ficiency ih designated diverted acreage land for wildlife feed on a farm consisting by them. or conserving acreage; solely of Federal- or State-owned land. (b) I f the operator of the farm elects (iv) Barley within the permitted (2) For current year—Any acreage to participate in the program, diver­ acreage which the county committee de­ planted to field corn and any acreage of sion, and price support payments shall termines was planted in an unworkman­ other corn, including sweet com, pop­ be made available to the producers on like manner solely for price support pay­ corn, and crosses pastured or harvested such farm only if such producers divert ments and not for harvest or was not primarily for livestock or poultry feed, from the production of feed grains an cared for with the expectation of produc­ excluding: acreage on the farm equal to the number ing a normal crop under normal condi­ (i) Close sown corn used for green of acres stated on Form ASCS-477, In­ tions; and manure; tention to Participate and Payment Ap­ (v) Barley on a privately owned farm (ii) Sweet com or popcorn harvested plication (herein called “Form 477” ). produced for experimental purposes only primarily for human consumption, even (c) The program is applicable by a publicly owned agricultural ex­ though the forage is pastured ov throughout the United States, except in periment station provided (a) the ex­ harvested; areas excluded by the Administrator, perimental acreage does not exceed the (iii) Sweet corn planted for canning or Agricultural Stabilization and Conserva­ amount approved for such purpose for freezing or popcorn planted for human tion Service (ASC S). the farm by the State committee with consumption, from which no ears have the concurrence of the Deputy Adminis­ § 775.2 Definitions. been or will be harvested for human con­ trator and (b) all proceeds of the crop sumption because of adverse weather In the regulations in this subpart and inure to the benefit of the experiment conditions, even though the forage is in all instructions, forms and documents station. pastured or harvested; in connection therewith, the words and Notwithstanding any other provision (iv) Com approved as a conservation phrases defined in this section shall have of this subparagraph, barley acreage ex­ use in Part 792 of this chapter as the meaning assigned to them herein un­ cluded under subdivision (i) of this sub- amended; less the content or subject matter other­ paragraph which has not been designated (v) Corn not harvested but left for wise requires. within the total intention as diverted un­ (a) The following words or phrases wildlife feed on a farm consisting solely der any land diversion program or used of Federal- or State-owned land; shall have the meaning assigned to them to meet the requirements in § 775.4(b) in The Regulations Governing Reconsti­ may.be credited as barley acreage if a (vi) Com planted in a family garden tution of Farms, Allotments and Bases, written request is signed by the farm plot solely for family use, even though the Part 719 of this chapter, as amended: operator, or if it is determined at time of production in excess of family needs is “ acquired farm,” “ agency,” “base period,” final compliance that all or any portion given away, sold, or used for livestock or “combination,” “ county,” “community of such excluded barley acreage, if poultry feed; committee,” “county committee,” credited as barley acreage, would earn (vii) Corn planted under contract “county office,” “ county office manager,” additional price support payments or from seed furnished by the contracting “cropland,” “Department,” “Deputy Ad­ would be advantageous to the producers company for the sole purpose of ministrator,” “ displaced owner,” “ divi­ on the farm under the substitution provi­ processing the cornstalks into sugar; sion,” “ farm,” “ operator,” “person,” sion for the farm: Provided, That barley (viii) Corn on a privately owned farm “reconstitution,” “Representative of within the permitted acreage destroyed produced for experimental purposes only State Committee,” “ Secretary,” “soil by natural causes not later than the farm by a publicly owned agricultural experi­ bank contract,” “State executive direc­ disposal date and followed by a different ment station provided (a) the experi­ tor,” “State committee,” and “subdivi­ crop for harvest in the current year, may mental acreage does not exceed the sion.” not be considered as barley acreage for amount approved for such purpose for (b) “Barley acreage” means: any purpose unless the operator requests the farm by the State committee with the (1) For 1959 and 1960—Any acreageon Form ASCS-574 that the first crop concurrence of the Deputy Administrator devoted to barley for harvest as grain be considered as barley and the county and (b) all proceeds of the crop inure to in 1959 and 1960 and any acreage of committee determines that it was planted the benefit of the experiment station; barley used for silage. It does not include in a workmanlike manner for harvest (ix) Corn within the permitted acreage barley used for hay, pasture, green and that natural causes prevented the which the county committee determines

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 RULES AND REGULATIONS 7497 was planted in an unworkmanlike man­ and (b) all proceeds of the crop inure to ghums for the farm, except that each ner solely for price support payment and the benefit of the experiment station; base shall be excluded that is diverted not for harvest or was not cared for with (vi) Sorghums within the permitted under CAP or CCP. the expectation of producing a normal acreage which the county committee de­ (h) “ Oats and rye acreage” means: crop under normal conditions; termines were planted in an unworkman­ (1) For 1959 and 1960—any acreage (x) Corn in excess of the permitted like manner solely for price support planted to oats or rye for harvest as acreage, destroyed not later than the payment and not for harvest or were not grain in 1959 and 1960. farm disposal date to the extent that no cared for with the expectation of pro­ (2) For current year— Any acreage of grain or forage crop remains; ducing a normal crop under normal oats or rye harvested as grain and any (xi) Corn within the permitted conditions; other acreage seeded to oats or rye, acreage destroyed by natural causes not (vii) Grain sorghums in excess of the excluding: later than the farm disposal date and permitted acreage, destroyed not later (i) Oats or rye prevented from reach­ followed by a different crop for harvest than the farm disposal date to the extent ing maturity by being clipped and left in the current year, unless the operator that no grain or forage crop remains; on the land, destroyed by mechanical requests on Form ASCS-574 that the (viii) Sorghums within the permitted means or natural causes, or used for first crop be considered as corn and the acreage destroyed by natural causes not other than grain not later than the farm county committee determines that it was later than the farm disposal date and fol­ disposal date; planted in a workmanlike manner for lowed by a different crop for harvest in (ii) Oats or rye approved as a conser­ harvest and that natural causes pre­ the current year, unless the operator re­ vation use in Part 792 of this chapter, vented the replanting of com during the quests on Form ASCS-574 that the first as amended; normal planting period; crop be considered as sorghums and the (iii) Oats or rye within the permitted (xii) Corn within the permitted acreage county committee determines that the acreage, destroyed by mechanical means destroyed prior to harvest to the extent crop was planted in a workmanlike man­ after farm disposal date and prior to that no grain or forage crop remains, ner for harvest and that natural causes harvest to the extent that no grain or provided destruction is by: prevented the replanting of sorghums forage crop remains, provided the opera­ (a) Natural causes, and the operator during the normal planting period; tor requests reclassification in writing requests reclassification in writing, or (ix) Sorghums within the permitted and the acreage is used to meet a defi­ (b) Mechanical means, and the opera­ acreage destroyed prior to harvest to the ciency in designated diverted acreage or tor requests reclassification in writing, extent that no grain or forage crop re­ conserving acreage; and the acreage is used to meet a defi­ mains, provided destruction is by: (iv) Oats or rye within the permitted ciency in designated diverted acreage or (a) Natural causes, and the operator acreage destroyed by natural causes after conserving acreage. requests reclassification in writing, or farm disposal date and prior to harvest (3) An acreage devoted to a mixture (b) Mechanical means, and the oper­ to the extent that no grain or forage of crops is considered to be corn acreage ator requests reclassification in writing, crop remains, if the operator requests if the county committee determines the and the acreage is used to meet a defi­ reclassification in writing; and feed grain content is 50 percent or more ciency in designated diverted acreage or (v) Oats or rye on a privately owned by weight at harvest, the predominant conserving acreage. - farm produced for experimental purposes feed grain is com and such acreage meets (3) An acreage devoted to a mixtureonly by a publicly owned agricultural the requirements of subparagraph (1) or of crops is considered to be grain sor­ experiment station provided (a) the ex­ subparagraph (2) of this paragraph as ghum acreage if the county committee perimental acreage does not exceed the being corn acreage. determines the feed grain content is 50 amount approved for such purpose for (d) “ Grain sorghum acreage” means: percent or more by weight at harvest, the the farm by the State committee with (1) For 1959 and 1960—Any acreage predominant feed grain is grain sor­ the concurrence of the Deputy Adminis­ planted to grain sorghums of a feed grain ghums and such acreage meets the re­ trator and (b) all proceeds of the crop or dual purpose variety for harvest as quirements of subparagraph (1) or sub- inure to the benefit of the experiment grain, silage, or fodder and any acreage paragraph (2) of this paragraph as station. of sweet sorghums harvested for silage. being grain sorghum acreage. Sweet (3) An acreage devoted to a mixture It does not include sweet sorghums har­ sorghums and sorghum-grass crosses which includes oats or rye shall be con­ vested for any purpose other than silage shall be considered as grain sorghums for sidered as oats and rye acreage only and grain sorghums not harvested but purposes of this subparagraph when in a when the oats and rye content is more left on the land for wildlife feed on a mixture with corn or grain sorghums. than 50 percent by weight at harvest, farm consisting solely of Federal- or (e) “Feed wheat acreage” means theand the acreage is not considered as State-owned land. average acreage of wheat produced on barley or wheat acreage. (2) For current year—Any acreage the farm during 1959, 1960, and 1961, (i) “ Stated intention” means the total planted to grain sorghums of a feed grain pursuant to the exemption provided in number of acres of the established total or dual purpose variety, including any section 335(f) of the Agricultural Ad­ feed grain base for a farm which the cross involving a feed grain or dual pur­ justment Act of 1938, as amended, prior operator of the farm intends to divert pose variety, and any acreage of sweet to its repeal by the Food and Agricul­ from the production of feed grains, as sorghums used for silage, excluding: ture Act of 1962, in excess of the small stated on Form 477. (i) Any sorghum-grass cross which, at farm wheat base established under (j) “Minimum diversion acres” means all stages of growth, has most of the § 728.17 of the Regulations Pertaining the smallest number of acres of the characteristics of the grass parent; to Farm Acreage Allotments, Small Farm established total feed grain base for the (ii) Sweet sorghums harvested for any Bases and Normal Yields for 1964 and farm Which can be diverted from the purpose other than silage; Subsequent Crop Years. Such acreage production of feed grains as set forth in (iii) Sorghums approved as a conser­ shall be credited to the commodity § 775.4(b) (2), in order for the farm to vation use in Part 792 of this chapter, as (barley, corn, or grain sorghums) with be eligible to participate in the program. amended; the largest base for the farm and shall (k) “ Conservation Reserve Program” (iv) Grain sorghums not harvested but lose its identity as feed wheat acreage. (herein called CRP) means the program left for wildlife feed on a farm consisting If there is no feed grain base for the set forth in regulations issued pursuant solely of Federal- or State-owned land; farm, the acreage shall be credited to to the Soil Bank Act, Part 750 of this (v) Sorghums on a privately owned the predominant feed grain in the chapter, as amended. farm produced for experimental purposes county. (l) “Cropland Conversion Program” only by a publicly owned agricultural ex­ '(f) “Feed grain acreage” means the (herein called CCP) means the program periment station provided (a) the ex­ sum of the barley, corn, and grain sor­ authorized under section 16 of the Soil perimental acreage does not exceed the ghum acreages on the farm. Conservation and Domestic Allotment amount approved for such purpose for (g) “ Total feed grain base” meansAct, as amended, under which farmers the farm by the State committee with the the sum of the feed grain bases estab­ and ranchers enter into agreements pro­ concurrence of the Deputy Administrator lished for barley, corn, and grain sor- viding for changes in cropping systems

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 No. 94----- 2 7498 RULES AND REGULATIONS and land uses, Part 751 of this chapter, § 775.4 Requirements for eligibility. ble for participation in the program. Any as amended. (a) General. A person is eligible for the other land owned by the Federal Govern­ (m) “ Cropland Adjustment Program” program if he is a producer on a farm ment which is being occupied without a (herein called CAP) means the program which meets the requirements of para­ lease, permit or other right of possession authorized under Title V I of the Pood graph (b) of this section and he fulfills or land in a national wildlife refuge shall and Agriculture Act of 1965, Part 751 of the requirements of paragraph (c) of this not be eligible for participation in the this chapter, as amended. section. program. (n) ‘.‘Great Plains Conservation Pro­ (b) Farm requirements. (1) A Form (6) Producers on a farm on which a gram” means the program authorized by 477 must be filed for the farm by the new farm feed grain base is established the Act of August 7, 1956, 70 Stat. 1115- operator in accordance with § 775.13. shall not be eligible for diversion pay­ 1117 (16 U.S.C. 590p(b)), Part 601 of (2) An acreage equal to at least 20 ments under the program with respect to this title, as amended. percent of the total feed grain base must such farm but may earn price support (o) “ Wheat Diversion Program” and be diverted from the production of feed payments by diverting the minimum “Wheat Certificate Program” mean the grains. In the case of any farm which acreage required in subparagraph (2) programs authorized by sections 339 and is participating in the CRP, CCP, CAP, of this paragraph and complying with 379c of the Agricultural Adjustment Act or RCP, if the number of acres of non­ all other requirements of the program. of 1938, as amended, Part 728 of this conserving crops permitted is less than (c) Producer eligibility requirements. chapter, as amended. 20 percent of the total feed grain base, (1) The producer must be a person who (p) “Upland Cotton Program” means participation to the extent of such num­ as landowner, landlord, tenant, or share­ the program authorized under Title IV of ber of acres shall meet the minimum di­ cropper shares in the barley, com, or the Food and Agriculture Act of 1965, as version acres requirement. Notwith­ grain sorghums produced in the current amended, Part 722 of this chapter, as standing the provisions of the foregoing year on a farm meeting the requirements amended. sentence, in the case of any farm which of paragraph (b) of this section or would (q) “Price support payment” means is participating in the CRP, CCP, CAP, have shared in one or more of these com­ that part of the price support for the or RCP, if the number of acres of non­ modities if feed grains had been pro­ current year’s crop of corn, grain sor­ conserving crops permitted is less than duced on such farm in the current year ghums, and barley made available to pro­ the total feed grain base, such number on the acreage diverted under the ducers through payments in kind as au­ of acres shall, at the option of the farm program. thorized in section 105(e) of the Agri­ operator filed not later than the final (2) On each other farm in which cultural Act of 1949, as amended. date specified in § 775.13(c) for filing (r) “ Representative of the county com­ the producer has an interest, the Form 477, be deemed to be the total acreage of feed grains shall not ex­ mittee” means a member of the county farm feed grain base for purposes of de­ committee or an employee of the county ceed the total feed grain base. For termining the minimum diversion acre­ the purpose of this subparagraph, a committee. age requirement and other participation (s) “Alternate crop” means any of the producer shall not be considered as vio­ requirements. The minimum diversion lating the foregoing requirements if he crops of castor beans, crambe, guar, acreage requirement shall not apply if mustard seed, plantago ovata and sesame satisfies the county committee that he noncompliance with such provisions was did not have control of the managerial which may be produced in lieu of con­ caused solely by (i) an error made in servation uses on all acreage diverted operations of the other farm and did not good faith by producers in supplying data share in the feed grain crops or proceeds under the program and the crops of saf­ to the county committee, or (ii) an error, flower and sunflower which may be pro­ thereof on the other farm. A State wild­ and the county committee determines life agency shall not be considered as vio­ duced in lieu of conservation uses on that (a) producers on the farm were acreage diverted in excess of the mini­ lating the foregoing requirements on a in no way responsible for the error, (b) State-owned farm if the acreage of feed mum acreage required to be diverted the extent of the error was such that under § 775.4(b) (2). grains in excess of the base is offset the producers would not reasonably be through the underplanting of an equi­ (t) “Farm disposal date” means the expected to question it, and (c) the disposal date set forth for each com-, valent acreage of the feed grain base or producers in good faith complied with permitted acreage on other State-owned modity in Part. 718 of this chapter, as the program on the basis of the error. amended. farms in which the wildlife agency has an (u) “ Current year” means the calen­ (3) The acreage diverted from the interest, provided a written request to dar year in which the feed grain crop production of feed grains as stated on produce the excess feed grains and make with respect to which payment may Form 477 must be devoted to one or more the corresponding reduction is filed with be made under this subpart would approved conservation uses specified In the State committee not later than the normally be harvested. Part 792 of this chapter, as amended, closing date specified in § 773.13(c) for or to alternate crops and the operator filing Form ASCS-477 and written agree­ (v) “Regional Conservation Programs” must comply with the limitations on the ment to make such reduction is obtained (herein called RCP) means the programs use of such acreage also specified in such set forth in Part 755 of this chapter, as prior to such closing date from the oper­ part. ators of the farms to be underplanted. amended. (4) In addition to the acreage referred Acreage underplanted under the provi­ § 775.3 Administration. to in subparagraph (3) of this para­ sions of the foregoing sentence shall not (a) The program will be administered graph, an acreage equal to the conserving be considered underplanted for any other under the general supervision of the Ad­ base established for the farm under Part purpose. In applying the provisions of ministrator, ASCS (Executive Vice Presi­ 792 of this chapter, as amended, must this subparagraph (2), a landowner or dent, CCC), and shall be carried out in be devoted to one or more of the con­ landlord cannot escape responsibility for the field by Agricultural Stabilization and servation uses also specified in such part. any feed grain base being exceeded by Conservation State and county commit­ Acreage designated as diverted under leasing for cash or other consideration all tees (herein called State and county com­ any other Federal acreage reduction pro­ or part of a farm. For purposes of this mittees) and ASCS commodity offices. gram shall not be counted toward main­ subparagraph, all persons or entities in Notices of base acreages, yields, and pay­ taining the conserving base unless au­ each category listed below shall be con­ ment rates shall be mailed to producers. thorized in the regulations governing sidered as the same producer and fully Applications for payments shall be ap­ such program or Part 792 of this chapter, responsible for the actions of any per­ proved by the county committee or by an as amended. son or entity in that category: authorized representative thereof. (5) Land owned by the Federal Gov­ (i) A partnership and any member of (b) State and county committees, ernment which has been leased subject the partnership; ASCS commodity offices, and representa­ to restrictions prohibiting the production (ii) A corporation and the majority tives and employees thereof do not have of feed grains, or requiring the use of stockholder of such corporation (in ap­ authority to modify or waive any of the land for other purposes, or prohibiting plying this rule, a corporation can earn provisions of the regulations in this sub­ the receipt of Federal payments for di­ no payment if two or more stockholders part, as amended or supplemented. version of such acreage will not be eligi­ with a combined majority interest in the

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 RULES AND REGULATIONS 7499 corporation exceed the feed grain base corporation or trust was formed, modi­ age of feed grains and other nonconserv­ on other farms in which they have an fied, or used for the purpose of circum­ ing crops other than approved crops on interest; and two or more stockholders venting the provisions of this acreage diverted under this program and with a combined majority interest in the subparagraph, the corporation and any the wheat diversion program, plus the corporation, each of whom is participat­ stockholder of the corporation, or the designated diverted acreages under such ing in the program, can earn no payment trust and any beneficiary of the trust, programs, shall not exceed the smallest if the corporation exceeds the feed grain shall be considered as the same producer number of acres of nonconserving crops base on any farm in which it has an and fully responsible for the actions of permitted under -the CRP, CCP, CAP, interest) ; the corporation or trust or of any stock­ and RCP. holder or beneficiary of the corporation (iii) An estate and an heir of the § 775.9 Farm feed grain base. estate with over a 50 percent interest in or trust; the estate (in applying this rule, an (c) Different corporations or trusts or (a) How obtained. The base acreage estate can earn no payment if two or estates having common stockholders or for each of the commodities— barley, more heirs with a combined interest in beneficiaries with a combined majority corn and grain sorghums—shall be the the estate of over 50 percent exceed the interest shall be considered as the same average of the 1959 and 1960 acreages feed grain base on other farms in which producer for purposes of applying the of the commodity produced on the farm, they have an interest; and two or more provisions of this subparagraph. based upon information available to the heirs with a combined interest in the (3) A minor will be eligible to partici­county committee, as adjusted by the estate of over 50 percent, each of whom is pate in the program only if (i) the right county committee to correct for abnor­ participating in the program, can earn of majority has been conferred on him by mal factors affecting production, and to no payment if the estate exceeds the feed court proceedings; or (ii) a guardian has give due consideration to tillable acre­ grain base on any farm in which it has been appointed to manage his property' age, crop-rotation practices, types of an interest) ; and the applicable documents are signed soil, and soil and water conservation (iv) A trust and a beneficiary of the by the guardian; or (iii) a bond is fur­ measures, and topography, plus any feed trust with over a 50 percent interest in nished under which a surety guarantees wheat acreage credited as provided in the trust (in applying this rule, a trust to protect ASCS from any loss incurred § 775.2(e). On farms with recognized his­ can earn no payment if two or more for which the minor would be liable had tory of irrigated and nonirrigated feed beneficiaries with a combined interest in he been an adult. Notwithstanding the grain acreage in the base period for the trust of over 50 percent exceed the foregoing, payment may be made to a establishing yields, the base acreage for feed grain base on other farms in which minor after December 31 of the current each applicable commodity shall be es­ they have an interest; and two or more year upon a determination by the county tablished separately for the irrigated beneficiaries with a combined interest in committee that the minor has met the acreage and for the nonirrigated acreage the trust of over 50 percent, each of requirements of the program. for the purpose of establishing a blended whom is participating in the program, yield in accordance with § 775.10(b). can earn no payment if thè trust exceeds § 775.5 Maximum diversion acres. Separate bases for irrigated acreage and the feed grain base on any farm in which The maximum number of acres which for nonirrigated acreage shall not be it has an interest) ; may be diverted under the program established for farms where irrigation (v) Minor children and the parent, (herein called maximum diversion acres) is used only in drier years. Commodity guardian, or other person legally re­ shall be the larger of (a) 25 acres, but base acreages for farms determined as sponsible for the minor unless the person not to exceed the total feed grain base set forth in this paragraph shall be ap­ legally responsible for the minor does not for the farm or (b) 50 percent of the proved by a representative of the State occupy the same household as the minor total feed grain base for the farm ;'Pro­ committee. and shares no interest in the farming vided, That in the case of a farm which (b) Adjustntent authorized by Admin­ operations of the minor; is participating in the CRP, CCP, CAP, istrator. The Administrator, ASCS, may, (vi) Husband and wife, except that or RCF, the total number of acres which upon unanimous request of the State the husband and wife may be considered may be diverted under this program and committee, authorize the State commit­ as separate producers if the spouse re­ the wheat diversion program, plus the tee to adjust any feed grain base for ceiving benefits under the program does acreage of all nonconserving crops on the farms within the State to the extent not share to any degree in crops or pro­ farm other than approved crops on di­ necessary to establish fair and equitable ceeds thereof from the other farm, man­ verted acreage, shall in no event exceed feed grain bases within such State. agerial control of the other farm is not' the smallest number of acres- of noncon­ (c) Farms toith no 1959 and 1960 his­ shared by such spouse, and there have serving crops permitted under the CRP, tory. A farm shall not qualify for pay­ been no changes in the operations or CCP, CAP, and RCP. ments under this program if there was managerial control of the other farm no feed grain acreage on the farm in which would tend to defeat the purpose § 775.6 Designation, use, and care of 1959 and 1960, unless (1) cropland on diverted acreage. of the provisions of this subparagraph. the farm was in the conservation reserve Any executor, trust officer, or farm man­ The regulations governing the designa­ program or the great plains conservation ager responsible for the management of a tion, use, and care of land diverted from program during one or both of the years farm shall be considered as a producer the production of feed grains under this 1959 and 1960 and either the conserva­ on the farm when he receives a percent­ program and approved conservation uses tion reserve program contract or the age of the farm income exceeding 10 per­ thereon are set forth in Part 792 of this great plains conservation program con­ cent of the crops or proceeds thereof for chapter, as amended. tract is no longer in effect for all or part of such land, (2) one or more feed grains such management service. Notwithstand­ § 775.7 Farm conserving base. ing the foregoing: were grown in 1957 or 1958 and a feed (a) Any person who places land in a The regulations governing the estab­ grain base was established in accord­ trust the beneficiary of which is such lishment and maintenance of the farm ance with § 775.212(c) (2) of the 1963 person’s parent, brother, sister, spouse, conserving base, Part 792 of this chapter, feed grain program regulations, or (3) child, or grandchild shall be considered as amended, shall be applicable to the a new farm base has been established in a producer with an interest in the trust program. accordance with paragraph (d) of this land for purposes of this subparagraph § 775.8 Permitted acreage of feed section. if he acts as the trustee or trust officer for grains. (d) New farm base. (1) The State the trust or in any other way retains committee shall determine a base (herein management responsibility for the trust The acreage of feed grains on the farm called “new farm base’’) for each eligi­ land even though he does not receive any shall not exceed the acreage determined ble farm for which a feed grain base is share of the crops or proceeds thereof by subtracting the stated intention from requested in writing before March 1 of from the trust land; the total feed grain base established for the current year. Each request shall be (b) When the State committee, or the the farm. Notwithstanding the foregoing, made by the farm operator or owner on county committee with the approval of in the case of any farm participating in a form prescribed by the county commit­ the State committee, determines that a the CRP, CCP, CAP, or RCP, the acre­ tee which shall contain statements as to

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 7500 RULES AND REGULATIONS location and identification of the farm, of dependents, and other factors affect­ rent year only, be reduced to the acreage name and address of the farm operator ing the operator’s ability to provide a permitted under a restrictive lease on and other data necessary to enable the reasonable standard of living for himself land owned by the Federal Government. State committee to determine whether and his family. (g) A feed grain base established for the conditions of eligibility prescribed (vi) The applicant has at least 2 a farm no longer operated as a grain by subparagraph (2) of this paragraph years’ experience in the last 5 years pro­ producing farm may be reduced to zero have been met. Farms with a new farm ducing the commodity for which a base upon written request of the operator and base cannot qualify for a diversion pay­ is requested: Provided, That the num­ owner. ment under this program but may qualify ber of years which may be used in deter­ § 775.10 County projected yields, farm for a price support payment by meeting mining whether the applicant has at projected yields, and diversion and the requirements in § 775.4(b). Producers least 2 years’ experience may be in­ price support payment rates. must meet the requirements in § 775.4(c) creased from 5 years by the number of to qualify on such farms for payments years in which the applicant could not (a) County projected yields. The under this program. grow the feed grain commodity because county projected yields for'barley, corn, (2) Eligibility for a new farm basethe applicant was in the armed services pnd grain, sorghums are contained in shall be conditioned upon the following: or the permitted acreage of nonconserv­ § 775.25(c). (i) The farm does not otherwise qual­ ing crops was zero on all farms in which (b) Projected farm yields. Except as ify for a feed grain base for any the applicant had an interest. otherwise provided in § 775.12(b) the per commodity. (vii) In the case of a farm which in­ acre projected farm yield for barley, (ii) Neither the operator nor the cludes land returned to agricultural com, and grain sorghums shall be the owner of the farm covered by the appli­ production after being acquired by an, county projected yield for the commod­ cation owns or operates any other farm agency having the right of eminent do­ ity, adjusted to reflect the farm produc­ in the United States for which a feed main for which the total feed grain base tivity for the commodity and established grain base will be established for the cur­ was pooled pursuant to Part 719 of this in accordance with instructions issued by rent year. chapter, at least 3 years have elapsed the Deputy Administrator. (iii) The type of soil and topography from the date the former owner was dis­ (c) Minimum acre diversion payment of the land on the farm for which a base placed from the acquired farm to the rates. The minimum acre diversion pay­ is requested is suitable for the produc­ date the request for a new farm base is ment rate for a farm shall be 20 per­ tion of the commodity and the production considered. cent of the result obtained by multiply­ of the commodity on the farm will not (3) In establishing a new farm base, ing the estimated county total support result in an undue erosion hazard under the State committee shall take into rate for the commodity as set forth in continuous production. consideration the tillable acres, crop- § 775.25(c) by the projected farm yield (iv) The operator has adequate equip­ rotation practices, type of soil, topog­ established for the commodity. Except ment and other facilities readily avail­ raphy and the farming system to be fol­ as otherwise provided in paragraph (e) able for the successful production of the lowed by the operator, including the of this section, the minimum acre di­ crop on the farm. equipment and other facilities available version payment rate shall apply to the (v) The operator expects to derive 50 for the production of feed grain under minimum acreage required to be diverted percent or more of his livelihood in the such system, and shall limit the base to under § 775.4(b) (2) for farms with a current year from the production of ag­ the feed grain acreage planned for the total feed grain base of 25 acres or less. ricultural commodities or products from farm for the current year. No diversion payment for minimum di­ the farm for which the feed grain base (4) I f the feed grain acreage for the version shall be made for farms with to­ application is filed. In making this com­ year a new farm base is established is tal feed grain bases in excess of 25 acres: putation, no value will be allowed for the less than 75 percent of the base, or 75 Provided, That a farm with a total feed estimated return from the production of percent of the feed grain permitted acre­ grain base in excess of 25 acres but not the requested base. However, in addition age if such farm is participating in the in excess of 125 acres shall be eligible to the value of agricultural products sold program, the total feed grain base for for a diversion payment on 25 acres if from the farm, credit will be allowed for the succeeding year shall be limited to the farm operator makes a request the estimated value of home gardens, the prior year’s feed grain acreage plus therefor, such acreage is actually di­ livestock and livestock products, poultry, any acreage diverted under the program verted, and no feed grains are produced or other agricultural products produced in the prior year. Bases by commodities on the farm; and, for purposes of com­ for home consumption or other use on for the succeeding year shall be estab­ puting the diversion payment, such the farm. Where the farm operator is lished in proportion to the acreage de­ farms shall be deemed to have a total a partnership, each partner must expect voted to each feed grain in the prior year. feed grain base of 25 acres. to derive 50 percent or more of his live­ (5) The total new farm bases ap­ (d) Additional acre diversion pay­ lihood in the current year from the pro­ proved in a State in the current year shall ment rates. The additional acre diver­ duction of agricultural commodities or not exceed 1 percent of the total feed sion payment rate for a farm shall be products from the farm; where the farm grain base acreages for all farms in the the smaller of (1) 45 cents for barley, operator is a corporation, it must have State. 60 cents for corn, and 55 cents for grain no major purpose other than operation (e) A feed grain base determined for sorghums or (2) 40 percent of the esti­ or ownership of such farm, and the of­ any farm under the preceding provisions mated county total support rate for ficers and general manager of the cor­ of this section shall, for the current year the commodity ajs set forth in § 775.25 poration must expect to derive 50 per­ only, be reduced to the extent the sum (c) multiplied by the projected farm cent or more of their livelihood in the of the total feed grain base, oats-rye yield established for the commodity. Ex­ current year, including dividends and base, total allotments, and sugar pro­ cept as otherwise provided in paragraph salaries, from the corporation. The pro­ portionate shares exceeds the cropland (e) of this section, the additional acre visions of this subdivision shall not be for the farm, unless the operator requests diversion payment rate shall apply to applicable if the county committee, with in writing that the reduction be in an acreage diverted for payment in excess the approval of a representative of the allotment or in the sugar proportionate of the minimum acreage required to be State committee, determines that the in­ shares. Land established to trees under diverted under § 775.4(b) (2). come of the operator, from the farm or a CRP contract that has expired and (e) Diversion payment rates for land otherwise, will not provide a reasonable with respect to which the cropland status cash rented from governmental units. standard of living for the operator and has been preserved may at the opera­ The rate of diversion payment under the his family. In making such determina­ tor’s request be considered as noncrop­ program with respect to land which is tion, the county committee shall consider land for the purpose of applying the leased or rented on a cash-rent basis such factors as size and type of farming foregoing provision. from the Federal, State, county, or local operations, estimated net worth, esti­ (f) A feed grain base determined for government, or subdivisions thereof, if mated gross family farm income, esti­ any commodity under the preceding pro­ such land is not otherwise ineligible for mated family off-farm income, number visions of this section shall for the cur­ participation in the program, shall be

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 RULES AND REGULATIONS 7501

the smaller of (1) the average per acre (b) Where to file. Form 477 shall be natural disaster, or (2) the smallest per­ payment rate for which the farm would filed with the office of the county com­ mitted acreage o f nonconservihg crops have qualified if the exception for land- mittee having jurisdiction over the under the'CRP, CCP, RCP and CAP, or cash-rented from a governmental unit county where the farm is located. (3) the acreage requested to be were not in effect, or (2) one-half the (c) When to file. Form 477 shall be transferred. average per acre payment determined filed within the period authorized by the (d) County committee approval. The in subparagraph (1) of this paragraph Deputy Administrator. Notwithstanding county committee shall approve the plus the actual cash rent per acre of the the foregoing, the closing date may be transfer if it finds that the following land, adjusted to take into account the extended by the county committee if the conditions ha e been m et: quality of the acres actually diverted producers on the farm establish to the (1) All or part of the total feed grain when compared with the total acres satisfaction of the county committee that base for the farm from which the acreage rented and the services performed and they intended to participate in the pro­ is to be transferred could not timely be capital improvements made at the pro­ gram and the failure to file by such date planted or replanted because of the ducer’s expense which are in addition was not due to the fault or negligence of natural disaster and planting was not to rent.. . the producers. prohibited by the lease in the case of (f) Price support payment rates. The (d) Contents. The operator or owner lands owned by the Federal Government. per acre farm price support payment shall provide on Form 477 the acreage (2) .One or more producers of feed rate for barley, corn, and grain sor­ which is intended to be diverted from the grains on the farm from which the ghums shall be determined by multiply­ production of barley, corn, and grain acreage is to be transferred will be a ing the projected farm yield established sorghums for the farm for which the bona fide producer engaged in the pro­ for the commodity as provided in para­ form is filed. duction of feed grains on the farm to graph (b) of this section by 20 cents (e) Withdrawal and revision. The which the acreage is to be transferred _ for barley, 30 cents for corn, and 29.68 operator may, upon approval of the and will share in the^crop or in the pro­ * cents for grain sorghums. county committee, withdraw Form 477 by ceeds therefrom. Such sharing shall be filing a written notice of withdrawal of in the manner customary in the area in § 775.11 Notice o f base acreages, yield the form with the county committee, order to establish the status of such and payment rates. except that the form may not be with­ producer as a bona fide producer on the Each operator interested in the feed drawn after the operator certifies to pro­ farm to which the acreage is to be grain crop on a farm for which a feed gram acreage on the farm which is found transferred. grain base is established shall be notified by measurement to be erroneous by an (e) Cancellation of transfer. I f a in writing of the commodity base acreage, amount exceeding the tolerance, if any, transfer is approved under this section the established yield per acre, and the authorized under provisions of Part 718 and it is later determined that the condi­ additional acre diversion payment rate, and Part 791 of this chapter, as amended. tions in paragraph (e) of this section for barley, corn, and grain sorghums, I f Form 477 is withdrawn, the producers have not been met, the county com­ as applicable, and the conserving base on the farm may, not later than the mittee, State committee or the Deputy for the farm: Provided, That the notice closing date, file a new Form 477. I f the Administrator may cancel such transfer. shall not be mailed to any producer who farm is reconstituted or if a revised allot­ Action by the county committee to cancel has filed a written request that he not be ment or feed grain base notice is issued a transfer shall be subject to the furnished the notice, but it shall be filed for any reason, the operator shall have approval of the State committee or its with the producer’s request in the county 15 days after the mailing date of such representative. office. The producer may withdraw his notice or reconstitution or revised allot­ •(f) Transferred acreage. Transferred request at any time; however, during the ment or feed grain base to file a new acreage which is planted shall be deemed period a request is in effect, the producer Form 477. planted on the farm from which shall be considered as having been timely transferred. § 775.14 Transfer of farm feed grain and correctly notified of the contents of acreage affected by a natural disaster. § 775.15 Determinations o f compliance. the notice. Such notice will be on Form ASCS-477-1, Notice of Yields, Allotment, (a) General authority. Upon a deter­ (a) Determination of the acreage de­ Base Acreages, and Rates (herein called mination for any year that because of a voted to feed grains and of the acreage Form 477-1). natural disaster a portion of “the farm designated as diverted acreage shall be feed grain bases in a county cannot be made in accordance with Part 718 of this § 775.12 Appeals. timely planted or replanted in such year, chapter, as amended. (a) A producer may obtain recon­ a transfer of such acreage may be (b) A representative of, the county sideration and review of determinations authorized in States and counties desig­ committee or the State committee or any made under this subpart in accordance nated by the Deputy Administrator. authorized representative of the Secre­ with the Appeal Regulations, Part 780 of (b) Application for transfer. The tary shall have the right at any reason­ this chapter, as amended. owner or operator of a farm in a county able time to enter a farm, concerning (b) To the extent that a producer designated for any year under paragraph which representations have been made proves the actual yields for the farm for (a) of this section may file a written ap­ on any forms filed under the program, in 1966, 1967, and 1968, either prior to re­ plication for transfer of feed grain order to measure the acreage planted to ceipt of Form 477-1 or pursuantto para­ acreage, within the total feed grain base, feed grains and the acreage which the graph (a) of this section, the yields so for such year to another farm in the operator designated as being devoted to proven shall be used in establishing same county or in an adjoining county in approved conservation uses on the farm, ^elds: Provided, That the producer the same or another State if such acre­ to examine any records pertaining whose production records are used to age cannot be timely planted or replanted thereto, and otherwise to determine the prove yields on the farm shall be required because of the natural disaster deter­ accuracy of a producer’s representation to furnish production data for all other mined for such year. The application and the performance of his obligations farms in the county or adjoining counties shall be filed with the county committee under the program. m which he had an interest in any of the for the county in which the farm affected years for which the yields are proven by such disaster is located. I f the applica­ § 775.16 Diversion payment and price support payment. (unless there is conclusive evidence that tion involves a transfer to an adjoining the records presented are in fact for the county, the county committee for the (a) Payments of any amounts due the specific farm ). adjoining county shall be consulted producers on a farm shall be made after before action is taken by the county they sign Form 477, the farm operator § 775.13 Intention to participate in the committee receiving the application. program. certifies that the farm is in compliance (c) Amount of transfer. The acreage with the requirements of the program, (a) Who may file. A Form 477 must beto be transferred shall not exceed the and the county committee determines filed by the operator of an eligible farm smaller of (1) the total feed grain base that the producers and the farm are in if he wishes to participate in the established less such acreage planted to compliance with such requirements. The Program. feed grains and not destroyed by the certification of compliance after May 1,

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 7502 RULES AND REGULATIONS

1971, shall not be accepted by the county for price support payment. For pur­ by another producer (herein called “suc­ committee unless prior approval of the poses of the preceding sentence, any cessor” ) after Form 477 has been filed, State committee is obtained. acreage on the farm which the county the share of the diversion payment to (b) Except as otherwise provided committee determines was not planted which they are entitled shall be divided herein and in Part 791 of this chapter, to feed grains because of flood, drought, between them on such basis as the prede­ as amended, no diversion payment shall or other natural disaster shall, within cessor and successor agree is fair and be made for a farm or to a producer when the permitted acreage, be deemed feed equitable. I f such persons are unable to there is failure to comply fully with the grains in accordance with instructions agree to a division of the payments, the regulations in this subpart. issued by the Deputy Administrator pro­ county committee shall determine the di­ (c) The total diverted acreage of feed vided such acreage is not subsequently vision of the payments, taking into con­ grains shall be determined by subtracting planted in the current year to any other sideration the following, among other the feed grain acreage on the farm from crops for which there are marketing factors it deems pertinent: the total feed grain base. The total acre­ quotas or voluntary adjustment pro­ ( 1 ) The respective interests which the age diverted from feed grains on which grams in effect. The total earned price predecessor and successor would have diversion payments shall be based shall support payment due each eligible pro­ had in feed grains if they had been pro­ be the smallest o f: ducer shall be determined by multiplying duced on the diverted acreage; (1) The stated intention. the total earned farm price support pay­ (2) The respective contributions to the (2) The total underplanted (diverted) ment for the farm by the producer’s diversion acreage which have been made acreage of feed grains. share of such payment. by the predecessor and by the successor; (3) The increased acreage devoted to (h) I f a producer elects to devote the and approved conservation uses and alter­ diverted acreage to approved alternate ( 3 ) The respective contributions of the nate crops. crops in accordance with §§ 775.1(a) and predecessor and successor to the estab­ (4) The designated diverted acreage. 775.2 (s ), a reduction shall be made in the lishment and maintenance of the con­ (5) I f the farm is participating in the diversion and price support payments servation uses on the designated diverted CRP, CCP, CAP, or RCP, the smallest otherwise computed for the farm. The acreage. number of acres of nonconserving crops per acre reduction for diverted acreage (c) Notwithstanding the foregoing, if permitted minus the acreage devoted to devoted to castor beans, crambe, guar, a tenant or sharecropper who would have such crops other than approved crops on mustard seed, plantago ovata, and ses­ had an interest in feed grains if they had diverted acreage, and minus acreage ame shall be equal to 50 percent and for been produced on the diverted acreage diverted under the wheat diversion safflower and sunflower 100 percent of leaves a farm after Form 477 has been program. the applicable additional acre diversion filed for the farm, but before the diver­ (d) For farms with a total feed grain payment rate for the farm. sion payment has been made and is not base of more than 25 acres, no diversion (i) I f a producer declines, for per­ succeeded on the farm by another person, payment shall be made with respect to sonal reasons, to accept all or any part of his name shall be included in Part IV of the minimum diversion acreage except as his share of the payment computed for a Form 477 and the division of payment provided in § 77.5.10(e). farm in accordance with the provisions to which he is entitled shall be deter­ (e) The total acreage eligible for pay­ of this section, such payment or portion mined as provided in § 775.17. ment shall be credited first to the com­ thereof shall not become available for (d) The price support payment to the modity with the largest applicable pay­ any other producer on the farm. predecessor and successor shall be ment rate to the extent of the actual (j) Payments to any producer which divided on such basis as they agree ià underplanted acreage of such commodity, exceed the total payment he earned un­ fair and equitable. I f such persons are and the remaining acreage, if any, eligi­ der the program with respect to any farm unable to agree to a division of the price ble for payment shall be credited to other shall be refunded to the Commodity support payment, the price support pay­ commodities in high to low payment rate Credit Corporation, and if for any reason ment shall be issued to the producer order to the extent of the actual under- such earned payment is zero, he shall pay who has the interest in the crop at the planting of such commodities: Provided, interest at the rate of 6 percent per an­ time of harvest, and if the crop is com­ That for farms also complying with the num on the amount of the refund from pletely destroyed prior to harvest, the wheat diversion program the total acre­ the issue dates of the sight drafts to the price support payment shall be issued to age eligible for payment shall be credited date the payments are refunded. The the producer who had the interest at the as provided in § 728.507a of the regula­ provisions of the foregoing sentence re­ time of destruction of the crop. tions governing the wheat program for quiring the payment of interest when no (e) In any case where any diversion 1968-70 (Part 728 of this chapter). payment is earned shall not apply if the or price support payment due any suc­ ( f ) The total earned diversion pay­ producer earns any wheat diversion pay­ cessor producer has previously been paid ment due each eligible producer under ments or wheat marketing certificates to the producer who filed Form 477, such the program shall be determined by mul­ for the farm in 1970. payment shall not be paid to the suc­ tiplying the total earned diversion pay­ cessor producer unless it is recovered § 775.17 Division of payments and ad­ from the producer to whom it has been ment for the farm by the producer’s ditional provisions relating to tenants paid or payment is authorized by the share of such payment. and sharecroppers. Deputy Administrator. (g) A farm shall be eligible for a price Regulations relating to the division of support payment if producers on the payments and additional provisions re­ § 775.19 Scheme or device and fraud­ farm file a Form 477 for the current year lating to tenants and sharecroppers are ulent representation. and comply with all of the regulations set forth in Part 794 of this chapter, as (a) A producer who is determined by in this subpart. The amount of the price amended. the State committee, or the county com­ support payment for each commodity mittee with the approval of the State § 775.18 Successors-in-interest. shall be determined by multiplying the committee, to have adopted any scheme acreage of the commodity as defined in (a) In the case of the death, incom­ or device which tends to defeat the pur­ paragraphs (b), (c), and (d) of § 775.2 petency, or disappearance of any pro­ pose of the program shall not be en­ by the applicable price support payment ducer whose name appears on Form 477, titled to receive diversion or price rate per acre as determined in accordance the diversion or price support payment support payments and shall refund to with § 775.10(g): Provided, That the due him shall be made to his successor, the Commodity Credit Corporation any total acreage of feed grains upon which as determined in accordance with the payments received by him. price support payments are made shall regulations in Part 707 of this chapter, (b) The making of a fraudulent rep­ in no event exceed the smaller of the per­ as amended. resentation by a person in the program mitted acreage or 50 percent of the total (b) When any person who would have documents or otherwise for the purpose feed grain base, and if the feed grain had an interest as producer (herein of obtaining diversion or price support acreage is not less than 90 percent of called “predecessor” ) in feed grains if payments shall render the person liable this maximum acreage, the farm shall they had been produced on the diverted for a refund to the Commodity Credit be credited with the maximum acreage acreage has been succeeded on the farm Corporation of the payments received

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 RULES AND REGULATIONS 7503 by him with respect to which the fraud­ action or advice of an authorized repre­ mendations and information submitted ulent representation was made. sentative of the Secretary shall be ap­ by the Navel Orange Administrative (c) A producer who is determined by plicable to this subpart. Committee, established under the said the State committee, or the county com­ amended marketing agreement and § 775.23 Supervisory authority of State order, and upon other available informa­ mittee with the approval of the State committee. committee, to have knowingly (1) made tion, it is hereby found that the limita­ a false report of the feed grain, wheat, The State committee may take any tion of handling of such Navel oranges, or upland cotton acreage on a farm par­ action required by these regulations as hereinafter provided, will tend to ticipating in the programs for such com­ which has not been taken by the county effectuate the declared policy of the act. modities, (2) falsely certified that he did committee. The State committee may (2) It is hereby further found that it not exceed the feed grain bases, wheat also (a) correct, or require a county is impracticable and contrary to the allotments, or upland cotton allotments committee to correct, any action taken public interest to give preliminary for other farms in which he has an by such county committee which is not notice, engage in public rule-making interest, (3) falsely certified compliance in accordance with the regulations of this procedure, and postpone the effective with other provisions of the feed grain, subpart, or (b) require a county commit­ date of this section until 30 days after wheat, or upland cotton program, or (4) tee to withhold taking any action which publication hereof in the F ederal R egis­ obstructed the county committee’s efforts is not in accordance with the regulations ter (5 U.S.C. 553) because the time to determine compliance with the feed of this subpart. intervening between the date when in­ grain, wheat, or upland cotton program § 775.24 Delegation o f authority. formation upon which this section is based became available and the time by failing to disclose his interest in other No delegation herein to a State or farms, shall not be entitled to receive when this section must become effective county committee shall preclude the Ad­ in order to effectuate the declared policy program benefits under the feed grain ministrator, ASCS, or his designee, from program, the upland cotton program, of the act is insufficient, and a reason­ determining any question arising under able time is permitted, under the circum­ and the wheat program and shall refund the program or from reversing or modify­ any payments and return any wheat stances, for preparation for such effective ing any determination made by a State time; and good cause exists for making marketing certificates received by him, or county committee. or in the case of certificates, pay the the provisions hereof effective as herein­ value thereof, to the Commodity Credit § 775.25 County projected yields and after set forth. The committee held an Corporation. county rates. open meeting during the current week, (d) The provisions of this section shall N ote: For text of section, see 35 F.R. 5082. after giving due notice thereof, to con­ be applicable in addition to any liability sider supply and market conditions for under criminal and civil fraud statutes. § 775.26 Substitution o f feed grains for Navel oranges and the need for regula­ wheat and wheat for feed grains, tion; interested persons were afforded § 775.20 Setoffs and assignments. oats, and rye. an opportunity to submit information (a) Producer indebtedness. The regu­ Substitution of feed grains for wheat and views at this meeting; the recom­ lations issued by the Secretary govern­ and wheat for feed grains, oats, and rye mendation and supporting information for regulation during the period specified ing setoffs and withholdings, Part 13 of shall be governed by the provisions of this title, as amended, shall be applicable herein were promptly submitted to the to this program. § 728.507a of the regulations governing Department after such meeting was (b) Assignments. Diversion and price the wheat program for 1970, Part 728 of held; the provisions of this section, in­ support payments may be assigned only this chapter, as amended. cluding its effective time, are identical with tjie aforesaid recommendation of to the Farmers Home Administration in Effective date: Upon publication in the accordance with instructions issued by the committee, and information con­ the Deputy Administrator. F ederal R egister. cerning such provisions and effective time has been disseminated among han­ § 775.21 Reconstitution of farms. Signed at Washington, D.C., on May 7, 1970. dlers of such Navel oranges; it is neces­ Farms shall be reconstituted and feed sary, in order to effectuate the declared grain bases established therefor in K e n n e th E. F r ic k , policy of the act, to make this section accordance with the regulations govern­ Administrator, Agricultural Sta­ effective during the period herein speci­ ing Reconstitution of Farms, Allotments, bilization and Conservation fied; and compliance with this section and Bases, Part 719 of this title, as Service. will not require any special preparation amended. Yields for farms which are [F.R. Doc. 70-5907; Filed, May 13, 1970; on the part of persons subject hereto reconstituted after yields are originally 8:46 a.m.] which cannot be completed on or before established shall be determined as the effective date hereof. Such commit­ follows : tee meeting was held on May 12, 1970. (a) Combination: Multiply the com­ Chapter IX— Consumer and Market­ (b) Order. (1) The respective quanti­ modity base by the yield for each parent ing Service (Marketing Agreements ties of navel oranges grown in Arizona farm, and divide the sum of the results and Orders; Fruits, Vegetables, and designated part of California which for all parent farms by the sum of bases Nuts), Department of Agriculture may be handled during the period for the commodity on the parent farms. May 15, 1970, through May 21, 1970, are (b) Division: Determine a yield in ac­ [Navel Orange Reg. 209] hereby fixed as follows; cordance with § 775.10. The weighted PART 907 — NAVEL ORANGES (1) District 1: 600,000 cartons; average yields for all the farms result­ GROWN IN ARIZONA AND DESIG­ (ii) District 2: Unlimited; ing from the division is limited to the (iii) District 3: Unlimited. yield for the parent farm, except for NATED PART OF CALIFORNIA (2) As used in this section, “handled,” rounding. Limitation of Handling “District 1,” “District 2,” “District 3,” (c) Any Form 477 filed for a farm be­ and “carton” have the same meaning as fore it is reconstituted shall be canceled § 907.509 Navel Orange Regulation 209. when used in said amended marketing and the farm operator notified of the (a) Findings. (1) Pursuant to the cancellation. A corrected Form(s) 477 agreement and order. marketing agreement, as amended, and may be prepared for the farm (s) as (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. properly constituted even though this ac­ Order No, 907, as amended (7 CFR Part 601-674) 907, 33 F.R. 15471), regulating the han­ tion is necessary after the final date for Dated: May 12, 1970. niing Form 477 as specified in § 775.13(c). dling of Havel oranges grown in Arizona and designated part of California, effec­ P a u l A. N ic h o ls o n , § 775.22 Performance based upon ad­ Deputy Director, Fruit and vice or action o f county or State tive under the applicable provisions of Vegetable Division, Consumer committee. the Agricultural Marketing Agreement and Marketing Service. The provisions of Part 790 of this chap­ Act of 1937, as amended (7 U.S.C. 601- [F.R. Doc. 70-6060; Filed, May 13, 1970; ter relating to performance based upon 674), and upon the basis of the recom­ 11:18 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 7504 RULES AND REGULATIONS

[Valencia Orange Reg. 313] which may be handled during the period Dated May 8, 1970, to become effective PART 908— VALENCIA ORANGES May 15, 1970, through May 21, 1970, are May 11, 1970. hereby fixed as follows: P au l A. N ic h o lso n , GROWN IN ARIZONA AND DES­ (1) District 1: 252,000 cartons; Deputy Director, Fruit and Veg­ IGNATED PART OF CALIFORNIA (ii) District 2: 301,000 cartons; etable Division, Consumer and Limitation of Handling (iii) District 3: 147,000 cartons. Marketing Service. (2) As used in this section, “ handler,” [F.R. Doc. 70-5908; Filed, May 13, 1970; § 908.613 Valencia Orange Regulation “District .1,” “District 2,” “District 3,” 8:46 a.m.] 313. and “carton” have the same meaning as (a) Findings. (1) Pursuant to the when used in said amended marketing marketing agreement, as amended, and agreement and order. Chapter XIV— Commodity Credit Cor­ Order No. 908, as amended (7 CFR Part (Secs. i'-19, 48 Stat. 31, as amended; 7 U.S.C. poration, Department of Agriculture 601-674) 908), regulating the handling of Valencia SUBCHAPTER B— LOANS, PURCHASES AND oranges grown in Arizona and designated Dated: May 13, 1970. OTHER OPERATIONS part of California, effective under the applicable provisions of the Agricultural P au l A. N ic h o ls o n , [CCC Texas Flaxseed Bulletin, 1970 Supp.] Deputy Director, Fruit and Marketing Agreement Act of 1937, as PART 1421— GRAINS AND SIMILARLY amended (7 U.S.C. 601-674), and upon Vegetable Division, Consumer and Marketing Service. the basis of the recommendations and HANDLED COMMODITIES information submitted by the Valencia [F.R. Doc. 70-6061; Filed, May 13, 1970; Subpart— 1970 Texas Flaxseed 11:18 a.m.] Orange Administrative Committee, es­ Purchase Program tablished under the said amended mar­ P urchase P r ic e , P r e m iu m s , and keting agreement and order, and upon [Grapefruit Reg. 10, Arndt. 7] other available information, it is hereby D isc o u n ts found that the limitation of handling of pa rt 944— FRUIT; IMPORT A special purchase program has been such Valenoia oranges, as hereinafter REGULATIONS authorized for 1970 crop flaxseed pro­ provided, will tend to effectuate the de­ Grapefruit duced in designated Texas counties. This clared policy of the act. subpart contains provisions applicable to (2) It is hereby further found that it Pursuant to the provisions of section the 1970 program and together with the is impracticable and contrary to the 8e of the Agricultural Marketing Agree­ provisions contained in CCC Texas Flax­ public interest to give preliminary notice, ment Act of 1937, as amended (7 U.S.C. seed Bulletin (26 F.R. 3979, 29 F.R. 6245) engage in public rule-making procedure, 601-674) , the introductory language and constitutes the 1970 Texas Flaxseed Pur­ and postpone the effective date of this subparagraph (2) of paragraph (a) in chase Program. section until 30 days after publication Grapefruit Regulation 10 (§ 944.106, 33 § 1421.3101 Purchase prices, premiums, hereof in the F ederal R eg ister (5 U.S.C. F.R. 14365, 17895; 34 F.R. 7898, 11135, and discounts. 553) because the time intervening be­ 14383; 35 F.R. 5462, 6747), are hereby tween the date when information upon amended to read as follows: (a) 1970 basic county purchase prices. which this section is based became avail­ Basic purchase prices per bushel for flax­ able and the time when this section must § 944.106 Grapefruit Regulation 10. seed grading No. 1 and containing from become effective in order to effectuate (a) On and after May It, 1970, the im­ 9.1 to 9.5 percent moisture produced in the declared policy of the act is insuffi­ portation into the United States of any the counties listed below are as follows: cient, and a reasonable time is permitted, grapefruit is prohibited unless such T exas under the circumstances, for preparation grapefruit is inspected and meets the fol­ Rate per Rate per for such effective time; and good cause lowing requirements: County bushel County bushel exists for making the provisions hereof 4c * * * * Atascosa_____ $2. 36 Hidalgo...... »2.32 effective as hereinafter set forth. The Bee ______2.45 Jackson______2. 36 committee held an open meeting during (2) Seedless grapefruit shall grade at B e l l ______2.29 Jim Wells____ 2.44 the current week, after giving due notice leastrt-S. No. 2 Russet; B e x a r ______2. 35 K a rn e s ______2.42 thereof, to consider supply and market 4c * * * * Caldwell 2.33 L am ar______2.19 conditions for Valencia oranges and the C alhoun___2. 38 Live dak_____ 2.43 It is hereby found that it is imprac­ C om al______2.33 M cMullen____ 2.38 need for regulation; interested persons ticable, unnecessary, and contrary to the De W itt______2.37 M atagorda___ 2.37 were afforded an opportunity to submit public interest to give preliminary notice, D im m it_____ 2.25 Nueces ______2.47 information and views at this meeting; engage in public rule-making procedure, D u v a l______2.39 R efu gio______2.46 the recommendation and supporting in­ and postpone the effective time of this F r io ______2.32 San Patricio— 2.47 formation for regulation during the amendment beyond that hereinafter G olia d ______2.43 Victoria______2.40 period specified herein were promptly specified (5 U.S.C. 553) in that (a) the Gonzales_____ 2. 35 W harton_____ 2.39 submitted to the Department after such requirements of this amended import Guadalupe___ 2. 34 W ilson______2.39 meeting was held; the provisions of this regulation are imposed pursuant to sec­ (b) Application of basic purchase section, including its effective time, are tion 8e of the Agricultural Market­ prices— (1) Deliveries to country loca­ identical with the aforesaid recommen­ ing Agreement Act of 1937, as amended tions. The basic purchase price for flax­ dation of the committee, and informa­ (7 U.S.C. 601-674), which makes such seed delivered by truck to authorized tion concerning such provisions and regulation mandatory; (b) such regu­ dealers at country locations shall be the effective time has been disseminated lation imposes the same restrictions on price established for the county where among handlers of such Valencia imports of all grapefruit as the grade the flaxseed is delivered. oranges; it is necessary, in order to effec­ and size restrictions being made ap­ (2) Deliveries by truck to Corpus tuate the declared policy of the act, to plicable to the shipment of all grape­ Christi terminal market. The basic pur­ make this section effective during the fruit grown in Florida under amended chase price for flaxseed delivered by period herein specified; and compliance Grapefruit Regulation 68 (§ 905.514) ; truck to an authorized dealer located with this section will not require any (c) compliance with this amended within the switching limits of the Corpus special preparation on the part of per­ import regulation will not require any Christi, Tex., terminal market shall be sons subject hereto which cannot be com­ special preparation which cannot be determined by adding 7 cents per bushel pleted on or before the effective date completed by the effective time hereof; to the basic purchase price established hereof. Such committee meeting was held and (d) this amendment relieves re­ on May 12, 1970. strictions on the importation qf seedless for Nueces County, Tex. (b) Order. (1) The respective quanti­ grapefruit. (3) Deliveries by rail to Corpus Christi ties of Valencia oranges grown in Ari­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. terminal market. The basic purchase zona and designated part of California 601-674) price for flaxseed delivered by rail to an

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 RULES AND REGULATIONS 7505 authorized dealer located within the _ Signed at Washington, D.C., on switching limits of the Corpus Christi, April 28, 1970. Title 9— ANIMALS AND Tex., terminal market shall be deter­ C lifford G. P tjlvermacher, mined by adding to the basic purchase Vice President, Commodity ANIMAL PRODUCTS price for the county from which the flax­ Credit Corporation and Gen­ seed was shipped, the amount of freight Chapter I— Agricultural Research eral Sales Manager, Export per bushel actually paid in plus the cur­ Marketing Service. Service, Department of Agriculture rent Uniform Grain Storage Agreement truck receiving and rail loading out [P.R. Doc. 70-5925; Piled, May 13, 1970; SUBCHAPTER C— INTERSTATE TRANSPORTATION charges of 8 Y2 cents per bushel. 8:48 a.m.] OF ANIMALS AND POULTRY (c) Premium for low moisture content. PART 76— HOG CHOLERA AND A premium of 1 cent per bushel shall be Chapter XVI— Food and Nutrition OTHER COMMUNICABLE SWINE applied to eligible flaxseed which grades DISEASES No. 1 or No. 2 and contains 9 percent or Service (Food Stamp Program), De­ less moisture. partment of Agriculture Areas Quarantined (d) Grade discounts. The following dis^ counts shall be applied to eligible flax­ PART 1600— GENERAL INFORMA­ Pursuant to provisions of the Act of seed which grades No. 2 or Sample TION AND DEFINITIONS May 29,1884, as amended, the Act of Feb­ ruary 2, 1903, as amended, the Act of Grade: Addresses for Northeast and (1) No. 2—6 cents per bushel. March 3, 1905, as amended, the Act of (2) Sample Grade— 6 cents per bushel Southeast Regional Offices September 6, 1961, and the Act of July 2, plus the following discounts, as appli­ Food and Nutrition Service Regional 1962 (21 U.S.C. 111-113, 114g, 115, 117, cable : Offices for the Northeast and Southeast 120, 121, 123-126, 134b, 134f), Part 76, (i) Moisture: Regions have moved since the Food Title 9, Code of Federal Regulations, re­ Stamp Program regulations were orig­ stricting the interstate movement of Percent: Cents swine and certain products because of 9.6- 10.0 ______1 inally published. Therefore, to reflect the current addresses of these offices and hog cholera and other communicable 10.1-10.5 ______2 swine diseases, is hereby amended in the 10.6- 11.0 ______3 the establishment of the Food and Nu­ Above 11.0______13 trition Service, Part 1600 of Chapter X V I following respects: 1. In § 76.2, the introductory portion »Plus 1 cent for each Vio percent of mois­ of Title 7 of the Code of Federal Regula­ tions is amended as follows : of paragraph (e) is amended by adding ture in excess of 11.0 percent. the name of the State of Missouri there­ In § 1600.5, the introductory language (ii) Test weight: 3 cents for each one- to and a new paragraph (e) (19) relating of paragraph (b) and subparagraphs (1) half pound or fraction thereof of test to the State of Missouri is added to read: and (2) thereof are amended to read as (19) Missouri. That portion of Stod­ weight below 47 pounds. follows: (iii) Other factors: Amounts deter­ dard County bounded by a line beginning mined by CCC to represent market dis­ § 1600.5 Miscellaneous provisions. at the northwestern corner of Stoddard counts for quality factors not specified * * * * * County at the junction of the Stoddard- above which affect the value of flaxseed, (b) Persons or agencies desiring in­ Wayne and Stoddard-Butler County such as (but not limited to) heat dam­ formation concerning the Program lines; thence, following the Stoddard- Wayne County line in an easterly direc­ age, musty, and sour. Such discounts will should write to the appropriate Food and be established not later than the time Nutrition Service Regional Office as tion to State Highway T; thence, follow­ delivery of flaxseed to CCC begins and follows: ing State Highway T in a generally will thereafter be adjusted from time to northeasterly direction to the northern time as CCC determines appropriate to (1) For project areas in Connecticut, boundary of sec. 2, of T. 26 N., R. 8 E.; reflect changes in market conditions. Delaware, District of Columbia, Maine, thence, following the northern boundary Producers may obtain schedules of such Maryland, Massachusetts, New Hamp­ of secs. 2 and 1, of T. 26 N., R. 8 E., in factors and discounts at ASCS county shire, New Jersey, New York, Pennsyl­ an easterly direction to the northeastern offices. vania, Rhode Island, Vermont, West comer of sec. 1, of T. 26 N., R. 8 E.; (Sec. 4, 62 Stat. 1070, as amended; sec 5, 62 Virginia: U.S. Department of Agricul­ thence, following the eastern boundary Stat. 1072; secs. 301, 401, 63 Stat. 1053, 1054, ture, Food and Nutrition Service, North­ of secs. 1, 12, and 13, of T. 26 N., R. 8 E., as amended; 15 U.S.C. 714 b and c; 7 U.S.C. east Region, 26 Federal Plaza, Room 1611, in a southerly direction to State Highway 1447, 1421) J; thence, following State Highway J New York, N.Y. 10007; in a northeasterly direction to State Effective date: Upon publication in the (2) For project areas in Alabama, Highway W W ; thence, following State F ederal R egister. Florida, Georgia, Kentucky, Mississippi, Highway W W in a generally southeast­ Signed at Washington, D C., on May 7, North Carolina, South Carolina, Ten­ erly direction to U.S. Highway 60; thence, 1970. nessee, Virginia: U.S. Department of Ag­ -following U.S. Highway 60 in a south­ K e n n e th E. F r ic k , riculture, Food and Nutrition Service, westerly direction to the St. Francis Executive Vice President, River (also the Stoddard-Butler County Commodity Credit Corporation. Southeast Region, 1795 Peachtree Road lin e ); thence, following the east bank of NE., Room 302, Atlanta, Gà. 30309. IF.R. Doc. 70-5926; Piled, May 13, 1970; the St. Francis River (also the Stoddard- 8:48 a.m.] ***** Butler County line) in a northwesterly (Public Law 88-525, 78 Stat. 703, as amended; direction to its junction with the Stod- 7 U.S.C. 2011-2025) SUBCHAPTER C— EXPORT PROGRAMS dard-Wayne County line at the north­ western comer of Stoddard County. Effective date. This amendment shall PART 1485— DAIRY PRODUCTS 2. In § 76.2, paragraph (e) (7) relat­ become effective on the date of its pub­ ing to the State of Minnesota is amended Revocation lication in the F ederal R egister. to read: part 1485 of Chapter XIV of Title 7 E l v in A. A dam son, (7) Minnesota. The adjacent portions of the Code of Federal Regulations is Deputy Assistant Secretary. of Chippewa and Kandiyohi Counties revoked. bounded by a line beginning at the junc­ M a y 11,1970. Effective date: Upon publication in the tion of U.S. Highway 71 and County [F.R. Doc. 70-5927; Filed, May 13, 1970; Road 23; thence, following County Road F ederal R egister. 8:48 a.m.] 23 in an easterly direction to County

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FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 No. 94----- 3 7506 RULES AND REGULATIONS

Road 86; thence, following County Road areas, but will continue to apply to the able in advance and may be paid by 86 in an easterly direction to County quarantined areas described in § 76.2. check, draft or postal money order pay­ Road 134; thence, following County Further, the restrictions pertaining to able to the Treasurer of the United Road 134 in a southerly direction to the the interstate movement from non- States. A weekly transmittal of all SIAP southern boundary of sec. 24, of T.,118 quarantined areas contained in said Part changes and additions may be obtained N., R. 34 W.; thence, following the south­ 76 will apply to the areas excluded from by subscription at an annual rate of $125 ern boundaries of secs. 24, 23, 22, 21, and quarantine. per annum from the Superintendent of 20, of T. 118 N., R. 34 W., in a westerly Insofar as the amendments impose Documents, U.S. Government Printing direction to County Road 3; thence, fol­ certain further restrictions necessary to Office, Washington, D.C. 20402. lowing County Road 3 in a westerly di­ prevent the interstate spread of hog Since a situation exists that requires rection to U.S. Highway 71; thence, fol­ cholera they must be made effective im­ immediate adoption of this amendment, lowing U.S. Highway 71 in a southerly mediately to accomplish their purpose in I find that further notice and public direction to State Highway 7; thence, the public interest. Insofar as they relieve procedure hereon is impracticable and following State Highway 7 in a westerly restrictions, they should be made effec­ good causé exists for making it effective direction to County Road 1; thence, fol­ tive promptly in order to be of maximum in less than 30 days. lowing County Road 1 in a southerly benefit to affected persons. *. In consideration of the foregoing, Part direction to the Kandiyohi-Renville Accordingly, under the administrative 97 of the Federal Aviation Regulations County line; thence, following the procedure provisions in 5 U.S.C. 553, it is is amended as follows," effective on the Kandiyohi-Renville County line in a found upon good cause that notice and dates specified: westerly direction to the Chippewa- other public procedure with respect to 3. Section 97.11 is amended by estab­ Renville County line; thence, following the amendments are impracticable, un­ lishing, revising or canceling the follow­ the Chippewa-Renville County line in a necessary, and contrary to the public ing L/MF-ADF(NDB)-VOR SIAPs, ef­ westerly direction to the western bound­ interest, and good cause is found for fective June 11,1970: ary of Rheiderland Township; thence, making them effective less than 30 days following the western boundary of Rheid­ after publication in the F ederal Minneapolis, Minn.— Minneapolis-St. Paul International Airport; NDB(ADP) Run­ erland Township in a northerly direction R egister. way 11L, Orig.; Established. to County Road 2; thence, following Done at Washington, D.C., this 8th day Minneapolis, Minn.— Minneapolis-St. Paul County Road 2 in a northerly direction of May 1970. International Airport; NDB(ADP) Run­ to County Road 12; thence, following F. R . M angham , way 29R, Orig.; Established. County Road 12 in an easterly direction Acting Administrator, 4. Section 97.17 is amended by estab­ to the Kandiyohi-Chippewa County line; Agricultural Research Service. thence, following the Kandiyohi- lishing, revising, or canceling the follow­ Chippewa County line in a southerly di­ [P.R. Doc. 70-5924; Piled, May 13, 1970; ing ILS SIAPs, effective June 11, 1970: rection to County Road 85; thence, fol­ 8:48 a.m.] Flint, Mich.—Bishop Airport; LOC Runway lowing County Road 85 in an easterly 9, Orig.; Canceled. direction to U.S. Highway 71; thence, Minneapolis, Minn.—Minneapolis-St. Paul* following U.S. Highway 71 in a northerly International Airport; LOC (BC) Runway Title 14— AERONAUTICS AND 11L, Orig.; Established. direction to its junction with County Minneapolis, Minn.— Minneapolis-St. Paul Road 23. International Airport; LOC Runway 29R, 3. In § 76.2, in paragraph (e) (15) re­ SPACE Orig.; Established. lating to the State of Texas, subdivision Chapter I— Federal Aviation Adminis­ 5. Section 97.23 is amended by estab­ (ix) relating to Smith County is deleted, tration, Department of Transportation- and subdivision (i) is amended to read: lishing, revising, or canceling the follow­ (15) Texas, (i) Dallas County. [Docket No. 10301; Amdt. 702] ing VOR-VOR/DME SIAPs, effective 4. In § 76.2, in paragraph (e) (14) re­ PART 97— STANDARD INSTRUMENT June 11,1970: lating to the State of South Carolina, APPROACH PROCEDURES Albany, N.Y.—Albany County Airport; VOR subdivision (i) relating to Hampton Runway 1, Amdt. 10; Revised. County is deleted. Miscellaneous Amendments Albany, N.Y.—Albany County Airport; VOR (Secs. 4-7, 23 Stat. 32, as amended, secs. 1, 2, Runway 19, Amdt. 10; Revised. This amendment to Part 97 of the Boston, Mass.— General Edward Lawrence 32 Stat. 791-792, as amended, secs. 1-4, 33 Logan International Airport; VOR Runway Stat. 1264, 1265, as amended, sec. 1, 75 Stat. Federal Aviation Regulations incorpo­ 22L, Amdt. 10; Revised. 481, secs. 3 and 11, 76 Stat. 130, 132; 21 rates by reference therein changes and additions to the Standard Instrument Boston, Mass.— General Edward Lawrence U.S.C. 111, 112, 113, 114g, 115, 117, 120, 121, Logan International Airport; VOR Runway 123-126, 134b, 134f; 29 P.R. 16210, as Approach Procedures (SIAPs) that were 27, Amdt. 9; Revised. amended) recently adopted by the Administrator to Boston, Mass.—General Edward Lawrence Effective date. The foregoing amend­ promote safety at the airports concerned. Logan International Airport; VOR Runway ments shall become effective^ upon The complete SIAPs for the changes 33L, Amdt. 10; Revised. and additions covered by this amend­ Flint, Mich.— Bishop Airport; VOR Runway issuance. 9, Amdt. 10; Revised. The amendments quarantine a portion ment are described in FAA Forms 3139, 8260-3, 8260-4, or 8260-5 and made a Flint, Mich.—Bishop Airport; VOR Runway of Chippewa County, Minn, and a por­ 18, Amdt. 5; Revised. tion of Stoddard County in Missouri part of the public rule making dockets Flint, Mich.— Bishop Airport; VOR Runway because of the existence of hog cholera. of the FAA in accordance with the pro­ 27, Amdt. 5; Revised. This action is deemed necessary to pre­ cedures set forth in Amendment No. 97- Flint, Mich.—Bishop Airport; VOR Runway vent further spread of the disease. The 696 (358 F.R. 5610). 36, Amdt. 1; Revised. restrictions pertaining to the interstate SIAPs are available for examination Albany, N.Y.—Albany County Airport; VOR/ DME Runway 1, Amdt. 1; Revised. movement of swine and swine products at the Rules Docket and at the National Boston, Mass.— General Edward Lawrence from or through quarantined areas as Flight Data Center, Federal Aviation Ad­ Logan International Airport; VOR/DME contained in 9 CFR Part 76, as amended, ministration, 800 Independence Avenue ‘ Runway 15R, Amdt. 7; Revised. will apply to such Counties. SW „ Washington, D.C. 20590. Copies of Houston, Tex.— Intercontinental Airport; The amendments also exclude Hender­ SIAPs adopted in a. particular region VOR/DME Runway 32, Amdt. 1; Revised. son and a portion of Smith Counties in are also available for examination at Patterson, La.—Harry P. Williams Memorial Texas and a portion of Hampton County, the headquarters of that region. Individ­ Airport; VOR/DME-1, Amdt. 2; Revised. S.C., from the areas heretofore quaran­ ual copies of SIAPs may be purchased 6. Section 97.25 is amended by estab­ tined because of hog cholera. Therefore, from the FAA Public Document Inspec­ lishing, revising or canceling the follow­ tion Facility, HQ-405, 800 Independence the restrictions pertaining to the inter­ ing LOC-LDA SIAPs, effective June 11, state movement of swine and swine prod­ Avenue SW., Washington, D.C. 20590, or ucts from or through quarantined areas from the applicable FAA regional office 1970: as contained in 9 CFR Part 76, as in accordance with the fee schedule pre­ Albany, N.Y.—Albany County Airport; LOC amended, will not apply to the excluded scribed in 49 CFR 7.85. This fee is pay­ (BC) Runway 1, Amdt. 2; Revised.

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 RULES AND REGULATIONS 7507

Boston, Mass.— General Edward Lawrence 13.1108-45 Fur Products Labeling Act. It is further ordered, That respondents Logan International Airport; LOC (BC) Subpart—Misbranding or mislabeling: herein shall, within sixty (60) days after Runway 22b, Arndt. 3; Revised. § 13.1185 Composition: 13.1185-30 Fur service upon them of this order, file with Flint, Mich.— Bishop Airport; LOC (BC) the Commission a report, in writing, Runway 27, Amdt. 2; Revised. Products Labeling Act; § 13.1212 For­ mal regulatory and statutory require­ setting forth in detail the manner and 7. Section 97.27 is amended by estab­ ments: 13.1212-30 Fur Products Label­ form in which they have complied with lishing, revising or canceling the follow­ ing Act. Subpart—Neglecting, unfairly this order. ing NDB/ADF SIAP’s, effective June 11, or deceptively, to make material disclo­ Issued: April 16,1970. 1970: sure: § 13.1852 Formal regulatory and Albany, N.Y.—Albany County Airport; NDB statutory requirements: 13.1852-35 Fur By the Commission. (ADF) Runway 19, Amdt. 8; Revised. Products Labeling Act. [ seal] Joseph S h ea, Auburn-Lewiston, Maine—Auburn-Lewiston W. Municipal Airport; NDB (ADF) Runway 4, (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret Secretary. or apply sec. 5, 38 Stat. 719, as amended, Amdt. 3; Revised. [F.R. Doc. 70-5898; Filed, May 13, 1970; sec. 8, 65 Stat. 179; 15 U.S.C. 45, 69f) [Cease Boston, Mass.— General Edward Lawrence 8:45 a.m.] Logan International Airport; NDB (ADF) and desist order, Astra Furs, Inc., et al., New Runway 4R, Amdt. 16; Revised. York City, N.Y., Docket C-1726, Apr. 16, Boston, Mass.— General Edward Lawrence 1970] [Docket No. C-1727] Logan International Airport; NDB (ADF) In the Matter of Astra Furs, Inc., a Cor­ Runway 22L, Amdt. 2; Revised. poration, and George Pologeorgis, PART 13— PROHIBITED TRADE Boston, Mass.— General Edward Lawrence PRACTICES Logan International Airport; NDB (ADF) Individually and as an Officer of Runway 33L, Amdt. 5; Revised. Said Corporation B & J Fabrics, Inc., et al. Flint, Mich.— Bishop Airport; NDB (ADF) Consent order requiring a New York Runway 9, Amdt. 10; Revised. Subpart—Importing, selling, or trans­ Patterson, La.— Harry P. Williams Memorial City manufacturing furrier to cease mis­ porting flammable wear: § 13.1060 Im ­ Airport; NDB (ADF) Runway 5, Amdt. 1; branding and falsely invoicing its fur porting, selling, or transporting flam­ Revised. products. mable wear. The order to cease and desist, including 8. Section 97.29 is amended by estab­ further order requiring report of com­ (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret lishing, revising or canceling the follow­ pliance therewith, is as follows: or apply sec. 5, 38 Stat. 719, as amended, 67 ing ILS SIAPs, effective June 11,1970: Stat. I l l , as amended; 15 U.S.C. 45, 1191) It is ordered, That respondents Astra [Cease and desist order, B & J Fabrics, Inc., Albany, N.Y.— Albany County Airport; ILS Furs, Inc., a corporation, and its officers, Runway 19, Arndt. 9; Revised. et al., New York, N.Y., Docket C-1727, Apr. 16, Boston, Mass.— General Edward Lawrence and George Pologeorgis, individually and 1970] as an officer of said corporation, and re­ Logan International Airport; tt»s Runway In the Matter of B & J Fabrics, Inc., a 4R, Amdt. 19; Revised. spondents’ representatives, agents and Boston, Mass.— General Edward Lawrence employees, directly or through any cor­ Corporation, and Robert Cohen and •Logan International Airport; ILS Runway porate or other device, in connection with Melvin Cohen, Individually and as 33L, Amdt. 7; Revised. the introduction, or manufacture for in­ Officers of Said Corporation Flint, Mich.— Bishop Airport; ILS Runway 9, troduction, into commerce, or the sale, Amdt. 1; Revised. Consent order requiring a New York advertising or offering for sale in com­ City distributor of textile fiber fabrics 9. Section 97.31 is amended by estab­ merce, or the transportation or distribu­ to cease marketing any textile product lishing, revising, or canceling the follow­ tion in commerce, of any fur product; which fails to conform to the standards ing Radar SIAPs, effective June 11,1970: or in connection with the manufacture prescribed pursuant to the Flammable Albany, N.Y.— Albany County Airport; for sale, sale, advertising, offering for Fabrics Act. Radar-1, Amdt. 3; Revised. sale, transportation or distribution, of The order to cease and desist, includ­ Boston, Mass.—General Edward Lawrence any fur product which is made in whole ing further order requiring report of Logan International Airport; Radar-1, or in part of fur which has been shipped compliance therewith, is as follows: Amdt. 19; Revised. and received in commerce, as the terms It is ordered, That respondents B & J (Secs. 307, 313, 601, 1110, Federal Aviation “ commerce” , “fur” and “fur product” are Fabrics, Inc., a corporation, and its o f­ Act Of 1958; 49 U.S.C. 1438, 1354, 1421, 1510; defined in the Fur Products Labeling Act, ficers, and Robert Cohen and Melvin sec. 6 (c), Department of Transportation Act, do forthwith cease and desist from: 49 U.S.C. 1655(c), 5 U.S.C. 552(a) (1 )) Cohen, individually and as officers of A. Misbranding any fur product by said corporation and respondents’ repre­ Issued in Washington, D.C., on May 6, failing to affix a label to such fur prod­ sentatives, agents, and employees, di­ 1970. uct showing in words and in figures rectly or through any corporate or other W il l ia m G. S hreve, Jr., plainly legible all of the information re­ device, do forthwith cease and desist Acting Director, quired to be disclosed by each of the from selling, offering for sale, in com­ Flight Standards Service. subsections of section 4(2) of the Fur merce, or importing into the United Products Labeling Act. N ote : Incorporation by reference pro­ States, or introducing, delivering for in­ visions in §§ 97.10 and 97.20 approved by B. Falsely or deceptively invoicing any troduction, transporting or causing to be the Director of the Federal Register on fur product by failing to furnish an in­ transported in commerce, or selling or de­ May 12, 1969 (35 F.R. 5610). voice, as the term “ invoice” is defined in livering after sale or shipment in com­ the Fur Products Labeling Act, showing merce, any fabric, product or related ma­ [Pit. Doc. 70-5835; Filed, May 13, 1970; in words and figures plainly legible all terial as “commerce”, “fabric”, “prod­ 8:45 a.m.] the information required to be disclosed uct” and “ related material” are defined by each of the subsections of section in the Flammable Fabrics Act, as 5 (b )(1 ) of the Fur Products Labeling amended, which fails to conform to an Act. applicable standard or regulation con­ Title 16— COMMERCIAL It is further ordered, That respond­ tinued in effect, issued or amended under ents notify the Commission at least 30 the provisions of the aforesaid Act. PRACTICES days prior to any proposed change in I t is further ordered, That the respond­ Chapter 1—Federal Trade Commission the corporate respondent such as dis­ ents herein shall, within ten (10) days solution, assignment or sale resulting in after service upon them of this order, [Docket No. C-1726] the emergence of a successor corpora­ file with the Commission an interim spe­ PART 13— PROHIBITED TRADE tion, the creation or dissolution of sub­ cial report in writing setting forth the PRACTICES sidiaries or any other change in the respondents' intentions as to compliance corporation which may affect compliance with this order. This interim special re­ Astra Furs, Inc., and obligations arising out of the order. port shall also advise the Commission George Pologeorgis It is-further ordered, That the respond­ fully and specifically concerning the ent corporation shall forthwith dis­ identity of the fabric which gave rise 8 —^voicing products falsely: tribute a copy of this order to each of to the complaint, (1) the amount of such * 1O.1108 Invoicing products falsely: its operating divisions. product in inventory, (2) any action

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 7508 RULES AND REGULATIONS taken to notify customers of the flam­ Stat. 1717, 67 Stat. I l l , as amended; 15 U.S.C. through any corporate or other device, in mability of such product and the results 45, 70,1191) [Cease and desist order, Julius B. connection with the introduction, deliv­ thereof and (3) any disposition of such De Vera et al., Carmel, Calif., Docket C-1729, ery for introduction, sale, advertising or Apr. 16,1970] product since August 15, 1969. Such re­ offering for sale, in commerce, or the port shall further inform the Commis­ In the Matter of Julius B. De Vera, Indi­ transporting or causing to be transported sion whether respondents have in in­ vidually and Doing Business as The in commerce, or the importation into the ventory any fabric, product or related Philippine Shop, and Jossie J. De United States of any textile fiber prod­ material having a plain surface and Vera, Individually and as Manager uct; or in connection with the sale, of­ made of silk, rayon, cotton, or combina­ of The Philippine Shop fering for sale, advertising, delivery, tions thereof, or acetate and nylon, in Consent order requiring a Carmel, transportation or causing to be trans­ a weight of 2 ounces or less per square Calif., importer and retailer of novelty ported, of any textile fiber product, which yard or fabric with a raised fiber surface and gift items, including mantillas to has been advertised or offered for sale made of cotton or rayon or combinations cease misbranding its textile fiber prod­ in commerce; or in connection with the thereof. Respondents will submit samples ucts and marketing dangerously flam­ sale, offering for sale, advertising, deliv­ of any such fabric, product or related mable fabrics. ery, transportation or causing to be material with this report. Samples of the The order to cease and desist, including transported, after shipment in commerce fabric, product or related material shall further order requiring report of com­ of any textile fiber product, whether in be of no less than 1 square yard of pliance therewith, is as follows: its original state or contained in other material. It is ordered, That respondents Julius textile fiber products, as the terms It is further ordered, That respond­ B. De Vera, individually and doing busi­ “ commerce” and “ textile fiber product” - ents notify the Commission at least 30 ness as The Philippine Shop or under any are defined in the Textile Fiber Products days prior to any proposed change in the other name, and Jossie J. De Vera, in­ Identification Act, do forthwith cease corporate respondent such as dissolu­ dividually and as manager of said busi­ and desist from : tion, assignment or sale resulting in the ness, and respondents’ representatives, A. Misbranding textile fiber products emergence of a successor corporation, the agents, and employees, directly or by: creation or dissolution of subsidiaries or through any corporate or other device, do 1. Falsely or deceptively stamping, any other change in the corporation forthwith cease and desist, from selling, tagging, labeling, invoicing, advertising which may affect compliance obligations or otherwise identifying such products as offering for sale, in commerce, or im­ arising out of the order. porting into the United States, or intro­ to the name or amount of constituent It is further ordered, That the respond­ ducing, delivering for introduction, fibers contained therein. ent corporation shall forthwith distrib­ transporting or causing to be transported 2. Failing to affix a stamp, tag, label or other means of identification to each ute a copy of this order to each of its in commerce, or selling or delivering such textile fiber product showing in a operating divisions. after sale or shipment in commerce, any It is further ordered, That the respond­ clear, legible and conspicuous manner fabric, product or related material as ents shall maintain complete and ade­ each element of information required to “commerce,” “fabric,” “product,” and be disclosed by section 4(b) of the Tex­ quate records concerning all f abrics sub­ “ related material” are defined in the ject to the Flammable Fabrics Act, as tile Fiber Products Identification Act. Flammable Fabrics Act as amended, amended, which are sold or distributed which fails to conform to an applicable It is further ordered, That respond­ by them. standard or regulation continued in ef­ ents herein shall, within sixty (60) days I t is further ordered, That respond­ fect, issued or amended under the pro­ after service upon them of this order, file ents herein shall, within sixty (60) days visions of the aforesaid Act. with the Commission a report, in writ­ after service upon them of this order, It is further ordered, That the respond­ ing, setting forth in detail the manner file with the Commission a report, in ents herein shall, within ten (10) days and form in which they have complied writing, setting forth in detail the man­ after service upon them of this order, with this order. ner and form in which they have com­ file with the Commission an interim Issued: April 16,1970. plied with this order. special report in writing setting forth the Issued: April 16,1970. respondents’ intention as to compliance By the Commission. with this order. This interim special re­ [ seal] Joseph S hea, By the Commission. W. port shall also advise the Commission Secretary. [ seal] J oseph W. S h ea, fully and specifically concerning the [F.R. Doc. 70-5901; Filed, May 13, 1970; Secretary. identity of the product which gave 8:46 a.m.] [F.R. Doc. 70-5899; Filed, May 13, 1970; rise to the complaint, (1) the 8:45 a.m.] amount of such product in inven­ tory, (2) any action taken to notify [Docket No. 0-1728] customers of the flammabiiity of such PART 13— PROHIBITED TRADE [Docket No. C-1729] product and the results thereof, and (3) PRACTICES PART 13— PROHIBITED TRADE any disposition of such product since October 6,1969. Such report shall further Harold Wagner Furs, Inc., et al. PRACTICES inform the Commission whether re­ Julius B. De Vera et al. spondents have in inventory any of the Subpart^—Furnishing false guaran­ subject mantillas or any other fabric, ties: § 13.1053 Furnishing false guaran­ Subpart—Importing, selling, or trans­ product or related material having a ties: 13.1053-35 Fur Products Labeling porting flammable wear: § 13.1060 Im ­ plain surface and made of silk, rayon and Act. Subpart—Invoicing products falsely: porting, selling, or transporting flamma­ acetate, nylon and acetate, rayon or cot­ § 13.1108 Invoicing products falsely: ble wear. Subpart— Misbranding or ton or combinations thereof in a weight 13.1108-45 Fur Products Labeling Act. mislabeling: § 13.1185 Composition: of 2 ounces or less per square yard or Subpart—Misbranding or mislabeling: 13.1185-80 Textile Fiber Products Iden­ fabric with a raised fiber surface and § 13.1185 Composition: 13.1185-30 Fur tification Act: § 13.1212 Formal regu­ made of cotton or rayon, or combinations Products Labeling Act; § 13.1212 Formal latory and statutory requirements: thereof. Respondents will submit samples regulatory and statutory requirements: 13.1212-80 Textile Fiber Products Iden­ of any such fabric, product, or related 13.1212-30 Fur Products Labeling Act. tification Act. Subpart—Neglecting, un­ material with this report. Subpart—Neglecting, unfairly or decep­ fairly or deceptively, to make material It is further ordered, That respondents tively, to make material disclosure: § 13.- disclosure: § 13.1852 Formal regulatory Julius B. De Vera, individually and doing 1852 Formal regulatory and statutory and statutory requirements: 13.1852-70 business as The Philippine Shop or under requirements: 13.1852-35 Fur Products Textile Fiber Products Identification any other name, and Jossie J. De Vera, Labeling Act. Act. individually and as manager of said busi­ (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret (Sec. 6. 38 Stat. 721; 15 U.S.C. 46. Interpret or ness, and respondents’ representatives, or apply sec. 5,38 Stat 719, as amended, sec. 8, apply sec. 5, 38 Stat. 719, as amended, 72 agents, and employees, directly or 65 Stat. 179; 15 US.C. 45, 69f) [Cease and

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 RULES AND REGULATIONS 7509 desist order, Harold Wagner Furs, Inc., et al., Wagner Furs, Inc., and respondents’ The order to cease and desist, includ­ New York, N.Y., Docket C-1728, Apr. 16, 1970] representatives, agents and employees, ing further order requiring report of In the Matter of Harold Wagner Furs, directly or through any corporate or compliance therewith, is as follows: Inc., a Corporation, Formerly Trad­ other device, do forthwith cease and de­ It is ordered, That respondents Hirsch­ ing as Dworkin-Wagner Furs, Inc., a sist from furnishing a false guaranty man Fur Corp., a corporation, and its Corporation, and Harold S. Wagner, that any fur product is not misbranded, officers, Hirschman-Barnett Corp., a Individually and as an Officer of Said falsely invoiced' or falsely advertised corporation, and its officers, Irving Corporation, and as a Former Of­ when the respondents have reason to be­ Hirschman and Joseph Hirschman, in­ ficer of Dworkin-Wagner Furs, Inc., lieve that such fur product may be intro­ dividually and as officers of said corpo­ and Sydney S. Dworkin, Individually duced, sold, transported, or distributed rations, and Sydney Barnett, individually and as a Former Officer of Dworkin- in commerce. and as an officer of Hirschman-Barnett Wagner Furs, Inc. It is further ordered, That respondents Corp., and respondents’ representatives, Harold Wagner Furs, Inc., a corporation, agents, and employees directly or Consent order requiring a New York and its officers, and Harold S. Wagner, through any corporate or other device, City manufacturing furrier to cease mis­ individually and as an officer of said cor­ in connection with the introduction into branding, falsely invoicing, and decep­ poration, notify the Commission at least commerce, or the sale, advertising or tively guaranteeing its fur products. 30 days prior to any proposed change in offering for sale in commerce, or the The order to cease and desist, includ­ the corporate respondent such as dis­ transportation or distribution in com­ ing further order requiring report of solution, assignment, or sale resulting in merce, of any fur product; or in connec­ compliance therewith, is as follows: the emergence of a successor corporation, tion with the sale, advertising, offering It is ordered, That respondents Harold the creation of dissolution of subsidiaries for sale, transportation or distribution Wagner Furs, Inc., a corporation, for­ or any other change in the corporation of any fur product which is made in merly trading as Dworkin-Wagner Furs, which may affect compliance obligations whole or in part of fur which has been Inc., a corporation, and its officers, and arising out of the order. shipped and received in commerce; or Harold S. Wagner, individually and as in connection with the introduction into an officer of said corporation, and as a I t is further ordered, That the cor­ porate respondent shall forthwith dis­ commerce, or the sale, advertising or former officer of Dworkin-Wagner Furs, offering for sale in commerce, or the Inc., and Sydney S. Dworkin, individually tribute a copy of this order to each of its operating divisions. transportation and distribution in com­ and as a former officer of Dworkin- merce of furs, as the terms “commerce,” Wagrier Furs, Inc., and respondents’ rep­ I t is further ordered, That the respond­ “ fur,” and “ fur product” are defined in resentatives, agents and employees, ents herein shall, within sixty (60) days the Fur Products Labeling Act, do forth­ directly or through any corporate or after service upon them of this order, file with cease and desist from falsely or other device, in connection with the in­ with the Commission a report, in writing, deceptively invoicing furs or fur products setting forth in detail the manner and troduction, or manufacture for introduc­ by: tion, into commerce, or the sale, adver­ form in which they have complied with 1. Failing to furnish invoices, as the tising or offering for sale in commerce, this order. term “ invoice” is defined in the Fur or the transportation or distribution in Issued: April 16, 1970. Products Labeling Act, showing in words commerce, of any fur product; or in con­ and figures plainly legible all the infor­ By the Commission. nection with the manufacture for sale, mation required to be disclosed under sale, advertising, offering for sale, trans­ [ seal] J oseph W. S h ea, section 5 (b )(1 ) of the Fur Products portation or distribution, of any fur Secretary. Labeling Act. product which is made in whole or in part [F.R. Doc. 70-5900; Filed, May 13, 1970; 2. Representing, directly or by impli­ of fur which has been shipped and re­ 8:46 a.m.l cation, on invoices that the fur contained ceived in commerce, as the terms “ com­ in the furs or fur products is natural merce,” “fur,” and “fur product” are when such fur is pointed, bleached, defined in the Fur Products Labeling [Docket No. 0-1725] dyed, tip-dyed, or otherwise artificially Act, do forthwith cease and desist from: PART 13— PROHIBITED TRADE colored. 1. Misbranding fur products by failing PRACTICES 3. Describing fur products or furs to affix a label to such fur product show­ which have been bleached, dyed or ing in words and in figures plainly legible Hirschman Fur Corp. et al. otherwise artificially colored by the name all of the information required to be of mink or by any other animal name disclosed by each of the subsections of Subpart—Invoicing products falsely: or names without disclosing that the section 4(2) of the Fur Products Label­ § 13.1108 Invoicing products falsely: said fur products or furs were bleached, ing Act and in accordance with the re­ 13.1108-45 Fur Products Labeling Act. dyed or otherwise artificially colored. quirements of Rule 19(g) of the rules and Subpart—Neglecting, unfairly or decep­ 4. Failing when a fur or fur product regulations promulgated under the said tively, to make material disclosure: is pointed or contains or is composed of Act. § 13.1845 Composition: 13.1845-30 Fur bleached, dyed or otherwise artificially 2. Falsely or deceptively invoicing any Products Labeling Act: § 13.1852 For­ colored fur, to disclose such facts as a fur product by failing to furnish an in­ mal regulatory and statutory require­ part of the required information on in­ voice as the term “ invoice” is defined in ments: 13.1852-35 Fur Products Label­ voices pertaining thereto. the Fur Products Labeling Act, showing ing Act. It is further ordered, That respondents in words and figures plainly legible all (Sec. 6, 38 Stat.-721; 15 U.S.C. 46. Interpret notify the Commission at least 30 days the information required to be disclosed or apply sec. 5, 38 Stat. 719, as amended, prior to any proposed change in the cor­ by each of the subsections, of section sec. 8, 65 Stat. 179; 15 U.S.C.^5, 69f) [Cease porate respondents such as dissolution, 5(b) (l) of the Fur Products Labeling and desist order, Hirschman Fur Corp., et al., New York, N.Y., Docket C-1725, Apr. 16, 1970] assignment or sale resulting in the emer­ Act and in accordance with the require­ gence of successor corporations, the ments of Rule 19(g) of the rules and In the Matter of Hirschman Fur Corp., creation or dissolution of subsidiaries or regulations promulgated under the said a Corporation, Hirschman-Barnett any other change in the corporations Act. Corp., a Corporation, Irving Hirsjch- which may affect compliance obligations It is further ordered, That respondents man and Joseph Hirschman, Indi­ arising out of the order. Harold Wagner Furs, Inc., a corporation, vidually and as Officers of Said I t is further ordered, That the respond­ formerly trading as Dworkin-Wagner Corporations, and Sydney Barnett, ent corporations shall forthwith dis­ Furs, Inc., a corporation, and its officers, Individually and as an Officer of tribute a copy of this order to each of and Harold S.'Wagner, individually and Hirschman-Barnett Corp. their operating divisions.. * as an officer of said corporation, and as Consent order requiring New York City It is further ordered, That respondents a former officer of Dworkin-Wagner Furs, corporations engaged in the fur business herein shall, within sixty (60) days after Inc., and Sydney S. Dworkin, individu­ to cease falsely and deceptively invoicing service upon them of this order, file with ally and as a former officer of Dworkin- their furs and fur products. the Commission a report, in writing,

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 7510 RULES AISID REGULATIONS setting forth in detail the manner and and (3) any disposition of such fabric, Formal regulatory and statutory require­ form in which they have complied with product or related material since Septem­ ments: 13.1212-90 Wool products Label­ this order. ber 8, 1969. Such report shall further ing Act. Subpart—Neglecting, unfairly inform the Commission whether respond­ or deceptively, to make material disclo­ Issued: April 16, 1970. ents have in inventory any fabric, prod­ sure: § 13.1852 Formal regulatory and By the Commission. uct or related material having a plain statutory requirements: 13.1852-80 Wool surface and made of silk, rayon, or cotton Products Labeling Act. [ seal] J oseph W. S h ea, Secretary. or combinations thereof in a weight of 2 (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret ounces or less per square yard of fabric or apply sec. 5, 38 Stat. 719, as amended, [FJR. Doc. 70-5897; Filed, May 13, 1970; with a raised fiber surface made of cot­ secs. 2-5, 54 Stat. 1128-1130, 72 Stat. 1717; 8:45 a.m.] ton or rayon or combinations thereof. 15 U.S.C. 45, 68, 70) [Cease and desist order, Respondents will submit samples of any Knits Internationale, Inc., et al., Miami Beach, Fla., Docket C-1721, April 8, 1970] [Docket No. C-1723] such fabric, product or related material with this report. In the Matter of Knits Internationale, PART 13— PROHIBITED TRADE It is further ordered, That respondents Inc., a Corporation, and David PRACTICES Jet Party Favors, Inc., a corporation, and Brandy and Joy Brandy, Indi- its officers, and Louis Schneider, and Joel Jet Party Favors, Inc. et al. < vidually and as Officers of said Cohen, individually and as officers of said Corporation corporation, and respondents’ repre­ Subpart—Importing, selling, or trans­ Consent order requiring a Miami porting flammable wear: § 13.1060 Im ­ sentatives, agents, and employees, di­ rectly or through any corporate or Beach, Fla., importer and seller of ladies’ porting, selling, or transporting flam­ ready-to-wear knitwear to cease mis­ mable wear. other device, do forthwith cease and de­ sist from the advertising, offering for branding its woolen and textile products (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret and falsely advertising and deceptively or apply sec. 5, 38 Stat. 719, as amended, 67 sale, sale or distribution of paper leis in commerce, as “commerce” is defined in guaranteeing its textile fiber products. Stat. I l l , as amended; 15 U.S.C. 45, 1191) The order to cease and desist, includ­ [Cease and desist order, Jet Party Favors, the Federal Trade Commission Act, un­ Inc. et al., Stamford, Conn., Docket C-1723, less and until said paper leis are flame ing further order requiring report of Apr. 8, 1970] proofed to such an extent that they will compliance therewith, is as follows: not ignite, burn or glow. It is ordered, That respondents Knits In the Matter of Jet Party Favors, Inc., a Internationale, Inc., a corporation, and Corporation, and Louis Schneider It is further ordered, That respondents notify the Commission at least 30 days its officers, and David Brandy and Joy and Joel Cohen, Individually and as Brandy, individually and as officers of Officers of Said Corporation prior to any proposed change in the cor­ porate respondent such as dissolution, said corporation, and respondents’ repre­ Consent order requiring a Stamford, assignment, or sale resulting in the sentatives, agents,' and employees, di­ Conn., manufacturer of party favors in­ emergence of a successor corporation, the rectly or through any corporate or other cluding wearing apparel in the form of creation or dissolution of subsidiaries or device, in connection with the introduc­ paper leis to cease marketing danger­ any other change in the corporation tion into commerce, or offering for sale, ously flammable products and paper leis which may affect compliance obligations sale, transportation, distribution, de­ not flame proofed. arising out of the order. livery for shipment or shipment, in com­ The order to cease and desist, includ­ merce of wool products, as “commerce” . I t is further ordered, That the re­ and “ wool product” are defined in the ing further order requiring report of spondent corporation shall forthwith dis­ compliance therewith, is as follows: Wool Products Labeling Act of 1939, do tribute a copy of this order to each of forthwith cease and desist from mis­ I t is ordered, That respondents Jet its operating divisions. Party Favors, Inc., a corporation, and its branding wool products b y:. officers, and Louis Schneider, and Joel I t is further ordered, That respond­ 1. Falsely and deceptively stamping, Cohen, individually and as officers of said ents herein shall, within sixty (60) days tagging, labeling, or otherwise identify­ corporation, and respondents’ represent­ after service upon them of this order, file ing such products as to the character or atives, agents, and employees, directly or with the Commission a report, in writ­ amount of the constituent fibers con­ through any corporate or other device, do ing, setting forth in detail the manner tained therein. forthwith cease and desist from manu­ and form in which they'have complied 2. Failing to securely affix to or place facturing for sale, selling, offering for with this order. on, each such product a stamp, tag, label, sale, in commerce, or importing into the Issued: April 8,1970. or other means of identification showing United States, or introducing, delivering in a clear and conspicuous manner, each for introduction, transporting or causing By the Commission. element of information required to be to be transported in commerce, or selling [ seal] Joseph W. S h ea, disclosed by section 4(a) (2) of the Wool or delivering after sale or shipment in Secretary. Products Labeling Act of 1939. commerce any fabric, product or related [F.R. Doc. 70-5896; Filed, May 13, 1970; It is further ordered, That respondents material as “commerce” , “fabric” , “prod­ 8:45 a.m.] Knits Internationale, Inc., a corporation, uct” and “related material” are defined and its officers, and David Brandy and in the Flammable Fabrics Act as Joy Brandy, individually and as officers amended, which fails to conform to an [Docket No. C-1721] of said corporation, and respondents’ applicable standard or regulation con­ PART 13— PROHIBITED TRADE representatives, agents, and employees, tinued in effect, issued or amended under directly or through any corporate or the provisions of the aforesaid Act. PRACTICES other device, in connection with the in­ I t is further ordered, That the respond­ Knits Internationale, Inc., et al. troduction, delivery for introduction, ents herein shall within ten (10) days sale, advertising or offering for sale, in after service upon them of this order, file Subpart — Advertising falsely or commerce, or the transportation or caus­ with the Commission an interim special misleadingly: § 13.30 Composition of ing to be transported in commerce, or report in writing setting forth the goods: 13.30-75 Textile Fiber Products the importation into the United States, respondents’ intention as to compliance Identification Act; § 13.73 Formal reg­ of any textile fiber product; or in con­ with this order. This Interim special re­ ulatory and statutory requirements: nection with the sale, offering for sale, port shall also advise the Commission 13.73-90 Textile Fiber Products Identi­ advertising, delivery, transportation or fully and specifically concerning the fication Act. Subpart—Furnishing false causing to be transported, of any textile identity of the fabric, product or related guaranties: § 13.1053 Furnishing false fiber product which has been advertised material which gave rise to the complaint guaranties: 13.1053-80 Textile Fiber or offered for sale in commerce; or in (1) the amount of such fabric, product Products Identification Act. Subpart— connection with the sale, offering for or related material in inventory (2) any Misbranding or mislabeling: § 13.1185 sale, advertising, delivery, transportation, action taken to notify customers of the Composition: 13.1185-80 Textile Fiber or causing to be transported, after ship­ flammability of such fabric, product or Products Identification Act; 13.1185-90 ment in commerce, of any textile fiber related material and the results thereof Wool Products Labeling Act; § 13.1212 product, whether in its original state or

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 RULES AND REGULATIONS 7511

contained in other textile fiber products, porting, selling, or transporting flam­ Rosentel, individually and as co-partners as the terms “ commerce” and “ textile mable wear. trading as Party Time Manufacturing fiber product” are defined in the Textile (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret Co., and respondents’ representatives, Fiber Products Identification Act, do or apply sec. 5, 38 Stat. 719, as amended, agents, and employees, directly or forthwith cease and desist from: 67 Stat. I l l , as amended; 15 U.S.C. 45, 1191) through any corporate or other device, A. Misbranding such products by [ Cease and desist order, Party Time Manu­ do forthwith cease and desist from the falsely or deceptively stamping, tagging, facturing Co. et al., Pittston, Pa., Docket advertising, offering for sale, sale or dis­ labeling, invoicing, advertising, or other­ C-1722, Apr. 8, 1970] tribution of paper leis in commerce, as wise identifying such products as to the In the Matter of Party Time Manufac­ “ commerce” is defined in the Federal name or amount of constituent fibers turing Co., a partnership, and James Trade Commission Act, unless and until contained therein. J. Rosentel, and Ruth Rosentel, In ­ said paper leis are flame proofed to such B. Falsely and deceptively advertising dividually and as Copartners trading an extent that they will not ignite, burn textile fiber products by making any rep­ as Party Time Manufacturing Co. or glow. resentations, by disclosure or by implica­ It is further ordered, That respondents tion, as to the fiber content of any tex­ Consent order requiring a Pittston, herein shall, within sixty (60) days after tile fiber product in any written adver­ Pa., manufacturer of party favors in­ service upon them of this order, file with tisement which is used to aid, promote, cluding wearing apparel in the form of the Commission a report, in writing, set­ or assist, directly or indirectly, in the paper leis to cease marketing danger­ ting forth in detail the manner and form sale or offering for sale of such textile ously flammable products and paper leis in which they have complied with this fiber product, unless the same informa­ not flameproofed. order. tion required to be shown on the stamp, The order to cease and desist, includ­ tag, label or other means of identifica­ ing further order requiring report of Issued: April 8,1970. tion under sections 4(b) (1) and (2) of compliance therewith, is as follows: By the Commission. the Textile Fiber Products Identification It is ordered, That respondents Party [ se al] Joseph W . S h ea, Act is contained in the said advertise­ Time Manufacturing Co., a partnership, Secretary. ment, except that the percentages of the and James J. Rosentel and Ruth Rosen­ fibers present in the textile fiber product tel, individually and as copartners trad­ [F.R. Doc. 70-5895; Filed, May 13, 1970; need not be stated. ing às Party Time Manufacturing Co., 8:45 a.m.] It is further órdered, That respond­ and respondents’ representatives, agents, ents Knits Internationale, Inc., a cor­ and employees, directly or through any poration, and its officers, and David corporate or other device, do forthwith Brandy and Joy Brandy, individually and cease and desist from manufacturing for Title 18— CONSERVATION OF as officers of said corporation, and re­ sale, selling, offering for sale, in com­ spondents’ representatives, agents, and merce, or importing into the United POWER AND WATER RESOURCES employees, directly or through any cor­ States, or introducing, delivering for porate or other device, do forthwith cease introduction, transporting or causing Chapter I— Federal Power and desist from furnishing false guar­ to be transported in commerce, or Commission selling or delivering after sale or ship­ anties that textile fiber products are not [Docket No. R-386; Order 402] misbranded or falsely invoiced under the ment in commerce any fabric, product or provision of the Textile Fiber Products related material as “ commerce,” “fabric,” PART 2— GENERAL POLICY AND Indentification Act. “product,” and “ related material” are de­ INTERPRETATIONS It is further ordered, That respond­ fined in the Flammable Fabrics Act as ents notify the Commission at least 30 amended, which fabric, product or re­ Temporary Emergency Sales and days prior to any proposed change in lated material fails to conform to an ap­ Deliveries of Natural Gas for Resale the corporate respondent such as dis­ plicable standardor regulation continued in Interstate Commerce solution, assignment or sale resulting in in effect, issued or amended under the the emergence of a successor corpora­ provisions of the aforesaid Act. M a y 6, 1970. tion, the creation or dissolution of sub­ I t is further ordered, That the re­ The Commission has been apprised sidiaries or any other change in the spondents herein shall within ten (10) that natural gas distribution companies, corporation which may affect compli­ days after service upon them of this which have been exempted from the pro­ ance obligations arising out of the order. order, file with the Commission an in­ visions of the Natural Gas Act under It is further ordered, That the respond­ terim special report in writing setting section 1(c) thereof, have received an ent corporation shall forthwith distrib­ forth the respondents’ intention as to increasing number of requests from dis­ ute a copy of this order to each of its compliance with this order. This interim tribution companies located in other operating divisions. special report shall also advise the Com­ States and interstate pipeline companies mission fully and specifically concerning for short-term supplies of natural gas to It is further ordered, That respond- the identity of the fabric, product or re­ ents herein shall, within sixty (60) days meet temporary emergencies caused by lated material which gave rise to the weather conditions, acts of God, break­ after service upon them of this order, file complaint, (1) the amount of such fab­ with the Commission a report, in writing, down of facilities, or other unforeseen ric, product or related material in in­ occurrences or to replenish depleted stor­ setting forth in detail the manner and ventory, (2) any action taken to notify form in which they have complied with age reservoirs in order to meet consumer this order. customers of the flammability of such needs in a forthcoming heating season. fabric, product or related material and In order to facilitate responses to such Issued: April 8,1970. the results thereof and (3) any disposi­ requests, it is appropriate that we should tion of such fabric, product or related By the Commission. express and adopt a Commission policy material since September 8, 1969. Such which would make clear that the recipi­ ^SEAI,T J oseph W . S h ea, report shall further inform the Commis­ ents of such requests will not jeopardize Secretary. sion whether respondents have in inven­ their exempt status under the Act if they [P.R, Doc. 70-5894; Filed, May 13, 1970; tory any fabric, product or related sell or transport natural gas for resale 8:45 a.m.] material having a plain surface and made in interstate commerce to the extent that of silk, rayon or cotton or combinations such gas will enable companies con­ thereof ih a weight of 2 ounces or less per fronted with emergency gas supply situ­ [Docket No. C-1722] square yard or fabric with a raised fiber ations to meet their system requirements. PART 13— PROHIBITED TRADE surface made of cotton or rayon or com­ Accordingly, it is appropriate in these binations thereof. Respondents will sub­ PRACTICES circumstances that the Commission pro­ mit samples of any such fabric, product mulgate the Statement of Policy as set Party Time Manufacturing Co. et al. or related material with this report. forth hereinbelow: I t is further ordered, That respondents The Commission finds : D o ? S aflt~ Im^orting’ selling, or trans- Party Time Manufacturing Co., a part­ (1) The statement issued herein con­ p rung flammable wear: § 13.1060 Jm- nership, and James J. Rosentel, and Ruth cerns a matter of general policy which

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 7512 RULES AND REGULATIONS does not require notice or hearing under expected to have a duration longer than § 207.441 St. Marys Falls Canal and section 553 of title 5 of the United States 60 consecutive days, the seller or the Locks, Mich. ; security. Code. transporter shall obtain an advance * * * * * (2) Early dissemination of the Com­statement from the Commission, prior (b) Restrictions on transit of ves­ mission’s statement of general policy re­ to termination of the 60-day period, sels. * * * ferred to herein is in the public interest. that the seller’s status under section (3) [Revoked] Good cause therefore exists to bring it 1(c) of the Act will not be affected as to the immediate attention of persons a result of the contemplated emergency * * * * * aifected thereby. sales or deliveries, as the circumstances [Regs., Apr. 29, 1970, 1522-01 (St. Marys Falls The Commission, acting pursuant to Canal And Locks, Mich.)__ ENGCW-ON] (sec. of such sales are described in a written 7, 40 Stat. 266; 33 U.S.C. 1) the authority of the Natural Gas Act, as communication to be addressed to the amended, particularly sections 1 (c ), 7 (c ), Commission. For the Adjutant General. and 16 thereof (68 Stat. 36, 52 Stat. 825, (Secs. 1 (c), 7 (c), 16 (68 Stat. 36, 52 Stat. R ichard B. B e ln a p, 56 Stat. 83, 52 Stat. 830; 15 U.S.C. 717(c), 825, 56 Stat. 83, 52 Stat. 830; 15 U.S.C. 717 Special Advisor to TAG. 15 U.S.C. 717f (c ), 15 U.S.C. 717o), (c ) , 15 U.SC. 717f (c ), 15 U.S.C. 717o)) orders : [F.R. Doc. 70-5890; Filed, May 13, 1970; (A ) Effective upon issuance of this (B) The Secretary shall cause prompt 8:45 a.m.] statement, Part 2, Subchapter A, General publication of this Statement to be made Rules, Chapter I of Title 18 of the Code in the F ederal R egister. of Federal Regulations, is amended by By the Commission. adding a new § 2.68 to read as follows: Title 49— TRANSPORTATION [ seal] G ordon M . G r a n t , § 2.68 Policy with respect to temporary Secretary. Chapter X— Interstate Commerce emergency sales and deliveries o f Commission natural gas for resale in interstate [F.R. Doc. 70-5892; Filed, May 13, 1970; commerce by persons with exemp­ 8:45 a.m.] SUBCHAPTER A— GENERAL RULES AND tions under the Natural Gas Act, pur­ REGULATIONS suant to section 1 (c ). [Ex Parte No. 37] With respect to persons exempt from Title 33— NAVIGATION AND PART 1001— INSPECTION OF the provisions of the Natural Gas Act RECORDS pursuant to section 1(c) thereof, it will be the general policy of the Commission NAVIGABLE WATERS Availability of Commission Records to encourage such persons, if requested, Chapter II— Corps of Engineers, for Public Inspection at Field Offices to aid natural gas distribution compa­ Department of the Army nies and pipeline companies in need of M a y 5,1970. temporary emergency gas supplies, by PART 207— NAVIGATION To reflect changes of address of cer­ making short-term sales or deliveries of REGULATIONS tain Commission area offices, the list of natural gas in interstate commerce for the Commission’s field offices following periods up to and including 60 consec­ Chesapeake Bay, Md., and St. Marys § 1001.4 of Chapter X of Title 49 of the utive days without any express author­ Falls Canal and Locks, Mich. ization by the Federal Power Commis­ Federal Regulations is amended to read sion; provided that the seller (the 1. Pursuant to the provisions of sec­ as follows: exempt company) or transporter (a ju­ tion 7 of the River and Harbor Act of August 8, 1917 (40 Stat. 266; 33 U.S.C. 1), Fargo, N. Dak. 58102, Federal Building and risdictional natural gas company) files U.S. Post Office, 657 Second Avenue North, with the Commission, in Docket No. R - § 207.115 governing the use and naviga­ Post Office Box 2340. tion of seaplane restricted areas in the 386, within 10 days after the emergency Pittsburgh, Pa. 15222, 2111 Federal Building, commences, a statement in writing and Chesapeake Bay near Annapolis, Md., is 1000 Liberty Avenue. hereby revoked, effective upon publica­ under oath, together with four (4) con­ Miami, Fla. 33155, 105 Cox Building, 5720 formed copies thereof, briefly outlining tion in the F ederal R egister, as follows: Southwest 17th Street. the nature of the emergency. Within 10 § 207.115 Chesapeake Bay near Annap­ San Antonio, Tex. 78205, Room 206, 301 days after the termination of the emer­ olis, M d.; seaplane restricted areas. Broadway Building. gency, a further sworn statement, and [Revoked] Cincinnati, Ohio 45202, 5514-B Federal Build­ ing, 550 Main Street. four (4) conformed copies thereof, shall [Regs., Apr. 29, 1970, 1522-01 (Chesapeake be filed setting forth the volume of gas« Bay, Md.) —ENGCW-ON] (sec. 7, 40 Stat. .Columbia, S.C. 29201, 300 Columbia Building, delivered and indicating the reimburse­ 266; 33 U.S.C. 1) 1200 Main Street. Raleigh, N.C. 27611, Room 624, Federal Build­ ment received by the seller. A transporter 2. Pursuant to the provisions of sec­ shall, of course, receive adequate com­ ing, 310 New Bern Avenue, Post Office Box tion 7 of ttie River and Harbor Act of 26896. pensation for any additional transporta­ August 8,1917 (40 Stat. 266; 33 U.S.C. 1), tion services rendered in connection § 207.441 governing the administration These amendments are effective upon with its participation in the delivery of of the security of St. Marys Falls Canal publication in thé F ederal R egister. the emergency volumes of gas and, upon and Locks is hereby amended revoking termination of the emergency, shall in­ ' [ seal] H. N e il G arson, form the Commission, in writing, of the paragraph (b )(3 ), effective upon pub­ Secretary. amount of compensation received, if lication in the F ederal R egister, as [F.R. Doc. 70-5921; Filed, May 13, 1970; any. I f the emergency responded to is follows: 8:47 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 7513 Proposed Rule Making

6. After the time set for the submis­ 712 Universal Building, 1825 Connecticut DEPARTMENT OF sion of comments by interested parties, Avenue NW., Washington, D.C., upon re­ the Commander, Third Coast Guard Dis­ ceipt thereof. trict will forward the record, including By the Civil Aeronautics Board. TRANSPORTATION all written submissions and his recom­ Coast Guard mendations with respect to the proposals [ seal] P h y l l is T. K a y l o r , and the submissions, to the Comman­ Acting Secretary. [ 33 CFR Part 117 1 dant, U.S. Coast Guard, Washington, D.C. Explanatory statement. A rule making [CGFR 70-66] The Commandant will thereafter make petition has been filed by a member of a final determination with respect to the public1 requesting that carriers HACKENSACK RIVER, LITTLE FERRY, these proposals. availing themselves of the Warsaw Con­ N.J. Dated: May 8,1970. vention liability limitations for loss of or damage to baggage be required to give Drawbridge Operation P. E. T r im b le , clear and conspicuous notice of such Vice Admiral, U.S. Coast Guard, 1. The Commandant, U.S. Coast limitations, as well as limitations for Acting Commandant. Guard is considering a request by the personal injury; to indicate on the tick­ New Jersey Department of Transporta­ [F.R. Doc. 70-5923; Filed, May 13, 1970; ets whether or not they are parties to tion to revise the special operation regu­ 8:48 a.m.] the Interim Agreement2 providing death lations for the Route 46 drawbridge at benefits or $75,000; and to express lia­ Little Perry, N.J. The present regulations bility limitations in terms of U.S. dollars. governing the operation of this draw­ Section 221.175 of Part 221 of the bridge require 48 hours’ advance notice. CIVIL AERONAUTICS DOARD Board’s economic regulations presently The proposed regulations would require [ 14 CFR Part 221 1 requires that passengers whose transpor­ 6 hours’ advance notice. Authority for tation is governed by the Warsaw Con­ [Docket No. 20853; EDR-182] this action is set forth in section 5, 28 vention be furnished, at the time of Stat. 362, as amended (33 U.S.C. 499), delivery of their tickets, a written notice section 6(g)(2) of the Department of AIR CARRIERS AND FOREIGN AIR CARRIERS regarding the limitation of liability for Transportation Act (49 U.S.C. 1655(g) personal injury or death contained in (2)) and 49 CFR 1.46(c)(5). Written Notice of Limitations on the Warsaw Convention and, if appli­ 2. Accordingly, it is proposed to revise Baggage Liability cable, notice of the higher limits pro­ 33 CFR 117.225(f) (1-b) to read as vided for in the Interim Agreement. The follows: M a y 7, 1970. section, in addition, requires the posting § 117.225 Navigable waters in the State Notice is hereby given that the Civil of the notice or an abbreviated form of New Jersey; bridges where con­ Aeronautics Board has under considera­ thereof at each desk, station, etc. Origi­ stant attendance o f drawtenders is tion proposed amendments to Part 221 nally, that section required that the no­ not required. of its economic regulations (14 CFR Part tice and posting refer to limitations of ***** 221) which would require air carriers and liability for loss of or damage to baggage. (f ) * * * foreign air carriers availing themselves Subsequent to amending that section to (1-b) Hackensack River, New Jersey of limitations on liability to passengers allow the use of the notice prescribed by Department of Transportation bridge at for loss of or damage to baggage to give the Interim Agreement (under which Little Ferry. At least 6 hours’ advance written notice in terms of U.S. dollars death benefits are raised to $75,000),3 notice is required. to passengers of international, domestic, the Board deleted the required reference and overseas limitations on baggage * * * * * to baggage liability on the notice given liability. to passengers because the Interim Agree­ 3. Interested persons may participate The principal features of the proposed ment notice did not refer to baggage lia­ in this proposed rule making by sub­ amendment are described in the Explan­ mitting written data, views, arguments, atory Statement below and the proposed bility.4 At that time, the Board reminded or comments as they may desire on or amendment is set forth in the proposed the carriers of their duty to give adequate before June 15, 1970. All submissions rule. The amendment is proposed under notice, and reserved the right to specify should be made in writing to the Com­ the authority of sections 204, 401, 402, the form of giving notice if the carriers’ mander, Third Coast Guard District, 403, and 411 of the Federal Aviation Act Governors Island, New York, N.Y. 10004. own steps were insufficient. Moreover, in of 1958, as amended (72 Stat. 743, 754 (as approving revised Conditions of Con­ 4. It is requested that each submission amended by 76 Stat. 143), 757, 758 (as state the subject to which it is directed, amended by 74 Stat. 445), 760 and 769; tract (which deleted prior references to the specific wording recommended, the 49 U.S.C. 1324,1371, 1372; 1373, 1374, and the amount of the limitation on liability reason for any recommended change, 1381). for baggage) to be printed on tickets by and the name, address and firm or orga­ Interested persons may participate in IA T A carriers, the Board reiterated the nization, if any, of the person making the proposed rule making through sub­ the submission. carriers’ duty to give adequate notice mission of twelve (12) copies of written and advised the carriers of the Board’s 5. Each communication received with- data, views, or arguments pertaining continuing interest in this matter.5 ~^“ ie time specifiéd will be fully con­ thereto, addressed to the Docket Section, sidered and evaluated before final action Civil Aeronautics Board, Washington, is taken on the proposal in this docu- D.C. 20428. All relevant material re­ 1 Mr. Stanley E. Cohen of Advertising Age. lf ' This pr°P°sal niay be changed in ceived on or before June 12, 1970, will be 2 Approved by the Board by Order E-23680, nfii comments received. Copies considered by the Board before taking dated May 13, 1966 (31 F.R. 7302, May 19, it-nu written communications received final action on the proposed rule. Copies 1966). win be available for examination by in­ 3 ER—496, adopted June 1, 1967. of such communications will be available 4 ER-523, adopted Dec. 13, 1967. terested persons at the office of the Com­ for examination by interested persons in B Orders 69-2-65, Feb. 13, 1969, and 69-5- mander, Third Coast Guard District. the Docket Section of the Board, Room 6, May 2, 1969.

No. 94----- 4 FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 7514 PROPOSED RULE MAKING

We believe § 221.175 affords sufficient tion, to further avoid confusing and mis­ § 221.175 Special notice o f limited lia­ notice to passengers of limitations on li­ leading passengers, we believe that no­ bility for death or injury or property ability for death or personal injury, and tice of domestic limits should be physi­ loss under the Warsaw Convention accordingly we have determined to deny cally combined with the notice of the and for baggage loss for transporta­ the request insofar as it relates to notice Warsaw Convention limits. Finally, it tion not covered by the Warsaw for death or personal injury. appears that the practices of some car­ Convention. As for limitations on baggage liability, riers with respect to providing notice of (a) In addition to the aforesaid re­ however, it appears that adequate notice domestic limits have not measured up to quirements of this subpart— continues to be a problem for passengers, the standards the Board assumed the (1) Each air carrier and foreign air particularly those subject to the Warsaw carriers would establish when it con­ carrier which, to any extent, avails itself Convention. Inadequate notice of the sidered the Baggage Liability Rules Case. of the limitation on liability to passen­ limitations is a source of recurring pas­ Accordingly, we have tentatively deter­ gers provided by the Warsaw Convention, senger complaints to the Board. It ap­ mined to require notice to passengers of shall, at the time of delivery of the pears that the only explicit notice given limitations on liability for loss of or dam­ ticket, furnish to each passenger whose by some carriers is that appearing in age to baggage in interstate and over­ transportation is governed by the Con­ fine print “Conditions of Contract” on seas air transportation as well. vention and whose place of departure the back of the ticket and expressed in The proposed amendment, therefore, or place of destination is in the United terms of “ French gold francs (consist­ amends § 221.175(a) to provide an addi­ States, the following statement in ing of 65 milligrams of gold with a tional statement, to be given to passen­ writing : fineness of nine hundred thousandths) gers, concerning baggage liability. The or its equivalent.” Even this fine print additional statement provides for expres­ Advice to I nternational Passengers on L im itatio n op Liability notice is no longer required by IA TA in sion of the liability limits in terms of its recently amended conditions of con­ U.S. dollars and gives passengers notice Passengers embarking upon a journey tract. Moreover, the Warsaw Convention that special rules may apply to such involving an ultimate destination or a stop limit of approximately $330 for economy items as money, jewelry, and other valu­ in a country other than the country of class passengers is significantly below the departure are advised that the provisions ables. The proposed amendment also pro­ of a treaty known as the Warsaw Convention $500 limit required by the Board in the vides that carriers may substitute a no­ may be applicable to their entire journey Baggage Liability Rules Case8 for inter­ tice of different wording, upon approval including the portion entirely within the state air transportation performed by by the Board, for the prescribed form. countries of departure and destination. The trunk and local service carriers within Such a notice must at the minimum con­ Convention governs and in most cases limits the 48 contiguous States and the District form to the standards proposed herein. the liability of carriers to passengers for of Columbia. It may be expected that The present requirements in § 221.175(a) death or personal injury to approximately passengers subject to the Warsaw Con­ $8,290. concerning the size of type and method Additional protection can usually be ob­ vention carry baggage of greater value of issuance to the passenger will apply tained by purchasing insurance from a pri­ than domestic passengers and, therefore, to the additional statement as well. vate company. Such insurance is not affected these passengers have relatively greater In the past, we have been reluctant by any limitation of the carrier’s liability need to be aware of the liability limits to require a specific form of notice be­ under the Warsaw Convention. For further so that they can take measures to protect cause it might prove to be too inflexible information please consult your airline or themselves. Furthfermore, while the in special circumstances where another insurance company representative. Board in the Baggage Liability Rules form of notice would be more practical Provided, however, That when the car­ Case, supra, noted that passengers hav­ for the carriers and more effective rier elects to agree to a higher limit of ing baggage valued in excess of $500 for the passenger. In recognition of this liability to passengers than that provided could be expected to inquire about bag­ factor, we have tentatively determined in Article 22(1) of the Warsaw Conven­ gage liability limits and to purchase to grant waiver of the proposed baggage tion, such statement shall be modified to additional protection, this assumption notice requirements on application and reflect the higher limit. could not be expected to hold where a showing by the carrier that special and (2) Each air carrier and foreign air much lower limits are in force. unusual circumstances render the en­ carrier which, to any extent, avails it­ The Board has already adopted means forcement of the regulation impractical self of limitations on liability for loss or of giving notice—for death or personal and unduly burdensome and that ade­ damage to baggage, shall, at the time of injury to international passengers— and quate alternative means of giving notice delivery of the ticket, furnish to each it seems reasonable to use this means for are employed.7 passenger whose place of departure or baggage liability as well. Therefore, in We have tentatively determined that place of destination is in the United light of the relatively low limit on lia­ the baggage liability notice need not be States, the following statement in bility for baggage under the Warsaw posted in accordance with the present writing: Convention and the attendant need for paragraph (b ). Accordingly, we propose giving passengers adequate notice of to amend § 221.175(b) in such a manner N otice op L imited L iability for Baggage these limitations so that they may take as to leave the present posting require­ International travel. Where the passen­ further steps to protect the value of ments unchanged. ger’s journey involves an ultimate destina­ their property, and because of an ap­ Proposed rule. It is proposed to amend tion or a stop in a country other than the parent failure on the part of the carriers Part 221 of the economic regulations (14 country of departure, the provisions of a treaty known as the Warsaw Convention to provide such notice on their own ini­ CFR Part 221) as follows: tiative, the Board has determined to may be applicable to the entire Journey 1. Amend the Table of Contents by including thè portion entirely within the grant the request for rule making as it modifying § 221.175 as follows: countries of departure and destination. The relates to baggage liability. Sec. Convention limits liability for loss of or In the Baggage Liability Rules Case, 221.175 Special notice of limited liability damage to baggage to approximately $7.50 per supra, the Board declined to require a for death or injury or property pound in the case of checked baggage, and specific form of baggage liability notice loss under the Warsaw Conven­ approximately $330 per passenger in the case for domestic transportation. However, we tion and for baggage loss for of unchecked baggage or other property un­ believe that it would be inappropriate to transportation not covered by the less a higher value is declared in advance Warsaw Convention. and additional charges are paid pursuant to require notice of international baggage carrier’s tariffs or regulations. In that event, liability limits without notice of domestic 2. Amend § 221.175 to read as follows: the liability of the carrier shall be Umited to and overseas limits as well, because the such higher declared value. In no event shall public might be misled into the belief the carrier’s liability exceed the actual loss that there are no such limits. In addi- 7 One situation where waiver might prove suffered by the passenger. to be appropriate would be in the case of Domestic travel. For transportation not shuttle-type services which do not involve subject to the Warsaw Convention, the 8 Order E-24198, Sept. 19, 1966. the usual ticketing procedures. liability of [carrier’s name] for loss of or

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 PROPOSED RULE MAKING 7515 damage to baggage is limited to [the car­ Provided, however, That with respect to prescribed in paragraph (a )(1 ) of this rier shall insert its limits for such transpor­ the statement required in subparagraph section: Provided, however, That an air tation herein], unless a higher valuation is (2) of this paragraph, the foregoing re­ carrier or foreign air carrier which pro.- declared at time of check-in and an extra quirements as to the time and method vides a higher limitation of liability than charge is paid. Excess valuation may not be declared for [carrier shall list such items of delivery of the notice (including the that set forth in the Warsaw Convention herein]. [Carrier’s name] assumes no size of type) of this section may be and has signed a - counterpart of the liability for [carrier shall list such items waived upon application and a showing agreement among carriers providing for herein]. The above limits are applicable only by the carrier that, special and unusual such higher limit, which agreement was over routes of [carrier’s name] and do not circumstances render the enforcement of approved by the Board by Order E-23680, necessarily apply to other carriers. the regulation impractical and unduly dated May 13,1966 (31 F.R. 7302, May 19, Additional information with respect to all burdensome and that adequate alterna­ 1966), may use the following notice in the of the foregoing is available on request. tive means of giving notice are employed. manner prescribed above in full com­ Provided, however, That any air carrier (b) Each air carrier and foreign air pliance with the posting requirements of or foreign air carrier which wishes to carrier which, to any extent, avails itself this paragraph: use a notice of its own wording, but con­ of the limitation on liability to passen­ Advice to I nternational Passengers on taining the substance of the prescribed gers provided by the Warsaw Conven­ L im itatio n of Liability language, may substitute a notice of its tion, shall also cause to be displayed con­ Passengers traveling to or from a foreign own wording upon approval by the tinuously in a conspicuous public place country are advised that airline liability for Board. at each desk, station, and position in the death or personal injury and loss or damage (3) The statements prescribed in sub- United States which, is in charge of a to baggage may be limited by the Warsaw person employed exclusively by it or by Convention and tariff provisions. See the paragraphs (1) and (2) of this para­ notice with your ticket or contact your air­ graph shall“ be printed in type at least as it jointly with another person, or by any agent employed by such air carrier or line ticket office or travel agent for further large as 10-point modem type and in information. ink contrasting with the stock on (i) foreign air carrier to sell tickets to pas­ Such statements shall be printed in bold each ticket; (ii) a piece of paper either sengers whose transportation may be governed by the Warsaw Convention and face type at least one fourth of an inch placed in the ticket envelope with the whose place of departure or destination high. ticket or attached to the ticket; or (iii) may be in the United States, a sign which [F.R. Doc. 70-5929; Filed, May 13, 1970; the ticket envelope: shall have printed thereon the statement 8:48 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 7516 Notices

4. Following publication of the notice T. 3l S., R. 84E., DEPARTMENT DF THE INTERIOR of proposed classification in 34 F.R. Secs. 1 to 6, inclusive; 6621, April 17, 1969, and at the public Secs. 8 and 9; Bureau of Land Management Secs. 11 to 16, inclusive; hearing at California City on May 28, Secs. 18, 20,21, 23,24, and 26. [R-1658; S-1795] 1969, two protests were received to the T. 32 S., R. 34 E., public sale segregation of sec. 30, T. 31S., Secs. 2,12, 14, and 24. CALIFORNIA .R. 35 E„ M.D.M. These two protests have T. 31 S., R. 35 E., been carefully considered and no reason Secs. 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, Notice of Classification of Public is found to alter the classification. Access 26, 28, 30, 32, and 34. Lands for Multiple-Use Management to private land through public land is T. 32 S„ R. 35 E„ . Secs. 2, 4, 6, 8, 10, 12, 14, 18, 20, 22, 24, M a y 6,1970. not adversely affected by this classifica­ 26, 28, 30, 32, and 34. X. Pursuant to the Act of September 19, tion. The record showing the comments T. 31S..R. 36 E., received and other information is on file 1964 (43 U.S.C. 1411-18) and the Regula­ Secs. 1 to 6, inclusive; tions in 43 CFR Parts 2410 and 2411, the and can be examined at the Bakersfield Secs. 8 to 10, inclusive; District Office. Secs. 12, 14, 18, 20, 22, 24, 26*28, 30, 32, public lands within the area described 5. The public lands affected by clas­ and 34. below are hereby classified for multiple T. 32 S., R. 36 E„ use management. Publication of this sification are located within the follow­ Secs. 4, 6,8, and 18. notice has the effect of segregating the ing described areas and are shown on T. 31 S., R. 36% E., described lands from appropriation un­ maps designated 2412-04-01-32 (R-1658, Secs. 12,13, and 24. der the agricultural land laws (43 U.S.C. S-1795), Cache Peak Planning Unit, in T. 31 S„ R. 37 E., the Bakersfield District Office, and at the Secs. 5 and 6. Parts 7 and 9; 25 U.S.C. sec. 334), from Bloch No. 4 sales under section 2455 of the Revised Land Offices of the Bureau of Land Statutes (43 U.S.C. 1171) and the lands Management, 1414 University Avenue, T. 30 S., R. 38 E., shall remain open to all other applicable Riverside, Calif. 92502, and 2800 Cottage Secs. 1,2, and 3, unsurveyed; forms of appropriation, including the Way, Sacramento, Calif. 95825. Sec. 4; Secs. 8 to 16, inclusive, unsurveyed; M ount Diablo Meridian mining and mineral leasing laws. As used Secs. 21 to 24, inclusive, unsurveyed; herein, “ public lands” meatts any lands KERN COUNTY Secs. 26, 27, and 28, unsurveyed; withdrawn or reserved by Executive Or­ Sec. 34. der No. 6910 of November 26, 1934, as All public land in: T. 31 S., R. 38 E., amended, or within a grazing district Bloclc No. 1 Secs. 1 to 5, inclusive; established pursuant to the Act of Secs. 8 to 12, inclusive. T. 28 S., R. 32 E., T. 32 S., R. 38 E„ June 28, 1934 (48 Stat. 1269), as Séc. 21. Secs. 14, 22, 24, 26, 28, and 34. amended, which are not otherwise with­ T. 29 S., R. 32 E„ drawn or reserved for a Federal Use or Secs. 4, 8,16, and 18. .. The public lands in the area described purpose. T. 28 S., R. 33 E., aggregate approximately 143,376 acres. 2. The description of lands in Block Secs. 7, 8,17,18,19, and 32. 6. For a period of 30 days from date of No. 4 Of F.R. Doc. 69-4509, 34 F.R. 6621 T. 29 S., R. 33 E., publication in the F ederal R egister, this Secs. 8, 9, 10, 11, 13, 16, 26, 28, 34, and 36. of April 17, 1969, erroneously included classification shall be subject to the T. 30 S., R. 33 E., exercise of administrative review and lands which are proposed for transfer out Secs. 2, 14, 15, 16, 19, 20, 21, 22, 28, 29, of Federal ownership (F.R. Doc. 69-4508, 30, and 31. modification by the Secretary of the In­ 34 F.R. 6620, Apr. 17, 1969) and lands T. 29 S., R. 33 % E., terior as provided for in 43 CFR 2411.2c. which are not being classified at this Secs. 13 and 24. J. R. P e n n y , T. 29 S., R. 34 E.,^ State Director. time. These erroneously listed lands de­ Sec. 32. scribed below are hereby deleted from Bloch No. 2 [F.R. Doc. 70-5903; Filed, May 13, 1970; 8:46 a.m.] this classification and the segregative T. 28 S., R. 34 E., effect of the proposed classification is Sec. 35,SE%; Sec. 36, S%. [ES 4078] hereby terminated: T. 29 S., R. 34 E., M ount Diablo Meridian Secs. 12 and 24. FLORIDA T. 30 S., R. 34 E., T. 31 S., R. 37 E„ Secs. 2 and 12. • Notice of Filing of Plats of Survey Sec. 24. T. 29 S., R. 35 E„ T. 32 S., R. 37 E., Secs. 2, 3, 4, 6, 7, 8, 10, 12, 14, 18, 20, 22, 1. Plats of survey of the lands de­ Sec. 12, N% . 24,26,28, 30, and 32. scribed below will be officially filed in T. 31 S., R. 38 E„ T..30 S., R. 35 E., the Eastern States Land Office, Silver Secs. 14, 18, 20, 22, 24, 26, 28, 30, 32, and 34. Secs. 2, 10, 14, 18, 23, 27, 28, 30, 32, and 34. Spring, Md., .effective at 10 a.m. on T. 32 S., R. 38 E., T. 29 S., R. 36 E., Secs. 2, 4, 6, 8, 10,12, 20. Secs. 2, 4, 5, 6, 8, 10, 12, 14, 15, 18, 19, 20, July 6, 1970: T. 31 S., R. 39 E., 22, 23, 24, 26, 28, 29, 30, 32, and 34. T allahassee Meridian Sec. 30, N%; T. 30 S., R. 36 E„ Sec. 32, wy2. Secs. 2, 4, 8, 10, 12, 14, 16, 18, 20, 22, 24, -T. 31 S..R.39E., T. 32 S., R. 39 E„ 26, 28, 30,32, and 34. Sec. 4, lots 7 to 14, inclusive; Sec. 6, W % . T. 30 S., R. 36% E., Sec. 5, lot 1; 3. The following described land is not Secs. 1,12,13, 24, 25, and 36. Sec. 8, lots 1 and 2; T. 30 S., R. 37 E„ Sec. 9, lots 4 to 14, inclusive; and the needed in Federal ownership and is here­ Secs. 1, 2, 3, 4, 6, 8, 10, 11, 12, 14, 15, 18, 20, NE%NW%; by deleted from the Classification for 21, 22,28, 30, 32,33, and 34. Sec. 10, lots 12 and 13; Sec. 15, lots 11 to 16, inclusive; Multiple-Use Management. The segrega­ Bloch No. 3 Sec. 16, lots 2 to 11, inclusive; tive effect of the proposed classification T. 31 S., R. 33 E., Sec. 21, lots 7, 8 and 9; is hereby terminated as to these lands: Secs. 1 and 11; . Sec. 22, lots 8 to 11, inclusive; Secs. 12 to 14, inclusive; Sec. 26, lots 14 to 17, inclusive; M ount Diablo Meridian Secs. 28 and 24. Sec. 27, lots 3,4 and 5; T. 31 S., R. 33 E., T. 30 S., R. 34 E., Sec. 34, lot 7; Sec. 26, N%NE%, NE%NW%, SE%NE%. Secs. 26, 34, and 36. Sec. 35, lot 13.

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 NOTICES 7517

The areas described aggregate 862.59 cation published in the F ederal R egister The land described aggregates 192.75 acres. (34 F.R. 189) dated September 26, 1969. Nacres. 2. These plats, in 3 sheets, represent a This comment, from the Chief Field 7. It is proposed to classify the public dependent resurvey and extension sur­ Agent, State of Montana, Department of lands described in this paragraph for vey, including lands erroneously omitted State Lands and Investments, requested transfer out of Federal ownership from the original survey, and the survey that certain additional lands be con­ through State Selection (43 U.S.C. 851, of 30 islands. sidered for transfer out of Federal own­ 852). ership through State selection (43 U.S.C. 3. The resUrveyed lands lie along the Principal Meridian, Montana Barrier Island which separates the In­ 851, 852). The additional lands in this dian River from the Atlantic Ocean. The request that were proposed for classifica­ T. 3 N., R. 3 E., soil is sandy loam in the central and tion for transfer out of Federal owner­ Sec. 26, N1/2NE%, e y 2s e %, swy4SEy4, N% NW i4, and SWy4NWy4; eastern portions and muck in the western ship through public sale under section Sec. 34, SE^4SWi4. portions along the Indian River. The tim­ 2455 of the revised statute (43 U.S.C. T. 4 N., R. 3 E„ ber is citrus, with Australian pine along 1171) are considered suitable for transfer Sec. 12, E y2 and E ^ W ^ ; the apparent property lines in the central through State selection. The additional Sec. 26, SW y4 SE y4. portions, palmetto in the eastern por­ lands in the State's request that were T. 3N.,R. 4E., tions and red and black mangrove in the proposed for classification for transfer Sec, 6, Ni/2, SWy4l Sy2SEi/4, and N W &SE&; western portions along the shore and on out of Federal ownership through ex­ Sec. 8, E y2. the islands in the Indian River. change under authority of section 8 of T. 4 N., R. 4 E., Sec. 6, Wy2SEi/4 and S E ^S E ^; 4. The omitted land area designated the Taylor Grazing Act (43 U.S.C. 315g) Sec. 8, SE y4 and Ey2 NE%; as lot 9, sec. 9, was found to be over 50 will not be changed because of previous Sec. 10, w y 2; percent upland in character within the exchange commitments consistent with Sec. 18, lots 1 to 4 inclusive, E%WV&, meaning and interpretation of the an on-going Federal program. w y 2Ey2, and S E ^ S E ^ ; Swampland Grant Act of September 28, 3. Information obtained from field Sec. 20, Ny2 and SW %; 1850 (9 Stat. 519). All other subdivisions data, discussions with the public and Sec. 29, lot 1, NW%NEi,4, and NE^NW ^; of the surveyed sections are classified as other sources indicate that the lands de­ Sec. 30, lots 1 to 4 inclusive, NE]4, being over 50 percent swamp in character scribed in paragraph 6 meet the criteria NE%SEi4, SE^SW]4,and Ei/2NWi/4. T. 1 S., R. 2 E„ within the meaning ahd interpretation of of 43 CFR 2410.1-3(c) (3) authorizing Sec. 33, E1/2SW 14 and SE14SE14. that Act. Title ta these swamplands classification for sale under the Recrea­ T. 2 S., R. 2 E., inured to the State of Florida under the tion and Public Purposes Act (43 U.S.C. Sec. 18, NE]4SE^4; 1850 Act; and these lands are, therefore, 869); that the lands described in para­ Sec. 22, NE%SE%. open only to selection by the State under graph 7 meet the criteria of 43 CFR T. 5 N., R. 5 E., that Act. They will not be open to any 2410.1- 3 (c) (2) which authorizes classi­ Sec. 34, Ny2NE%NEi4, Ny2Sy2NEy4NEi4, other applications for use or disposition fication for transfer to a State in satis­ Ni/aNW^NE^, Ny2 Si/aNW^NE^, Ey2 under the public land laws, including the faction of a State land grant (R.S. 2275, NEy4NEi/4N W i4 , N E ^ S E ^ N E ^ N W 1^, mining and mineral leasing laws. wy2Nwi/4NEi4Nwy;, n w !/4 sw y4 n e y4 2276); that the lands described in para­ NW.14, N1/2NW%NW^, Ni/2Sy2NW% 5. Lot 9, sec. 9, is occupied by a well graph & meet the criteria of 43 CFR Nwy4, sy2NW^SWi/4, and SW^SW^. maintained citrus grove. Subject to valid 2410.1- 3 (e) which authorizes classifica­ existing rights, this land will be opened tion for sale under the public sale act The land described aggregates 4,449.40 to petition-application under the public (R.S. 2455) (43 U.S.C. 1171); and that acres. land laws on the effective date of the the lands described in paragraph 9 meet . 8. It is proposed to classify the public filing of these plats. the criteria of 43 CFR 2410.1-3 (c) (4) lands described in this paragraph for 6. Inquiries concerning these lands which authorizes classification for” dis­ transfer out of Federal ownership should be addressed to the Manager, posal-by exchange under section 8 of through public sales under section 2455 Eastern States Land Office, Bureau of the Taylor Grazing Act (43 U.S.C. 315g). of the Revised Statute (43 U.S.C. 1171). Land Management, 7981 Eastern Avenue 4. Publication of this notice segre­ Principal Meridian, Montana gates the affected lands from all forms Silver Spring, Md. 20910. T. 1 N., R. 1 W., of disposal under the Public Land Laws, sec. 34, sy2sy>. D oris A. K o iv u la , including general mining laws, except the Manager. T. 1 S., R. 1 W., forms of disposal for which it is pro­ Sec. 2, lots 1 and 2, S ^ N E ^ ; May 8, 1970. posed to classify the lands. However, Sec. 4, lot 1 and Wy2SE%; [F.R. Doc. 70-5909; Piled, May 13, 1970; publication does not alter the applica­ Sec. 9,NW%NE%. 8:46 a.m.] bility of the public land laws governing T. 1 S., R. 1 E., the use of the lands under lease, license, Sec. 14, NW]4NE]4; or permit, or governing the disposal of Sec. 22,SW%SW%. [Montana 11512] T. 1 N., R. 2 E„ their vegetative and mineral resources, Sec. 14, Wy2W ^ . MONTANA other than under the general mining T. 2 N., R. 2 E., laws. ‘Sec. 12, N ^ . Notice of Classification of Public 5. The public lands affected by this T. 2 S., R. 2 E., Lands for Transfer Out of Federal proposed classification are shown on Sec. 3, JiEytSW^. Ownership maps on file and available for inspection T. 2 N„ R. 3 E., Sec. 8, SE^NE% ; M a y 7, 1970. in the Dillon District Office, 228 North Idaho Street, Dillon, Mont., and in the Sec. 20, NW>/4,Wi/2SWi/4, and E%SE t Pursuant to the Act of Septem­ Land Office, Bureau of Land Manage­ T. 4 N., R. 5 E., ber 19, 1964 (43 U.S.C. 1411-18) it is Sec. 4, lots 1 and 2. ment, 316 North 26th Street, Billings, T. 5 N., R. 5 E., proposed to classify for transfer out of Mont. Federal ownership, the public lands Sec. 26, N W 14SW 14. 6. It is proposed to classify the public T. 4 N., R. 6 E„ within the areas described below. As used lands described in this paragraph for Sec. 6, lots 3 and 4; herein ‘public lands” means any lands transfer out of Federal ownership under Sec. 30, NE14NE14. withdrawn or reserved by Executive provisions of the Recreation and Public T. 3 N., R. 7 E„ Order No. 6910 of November 26, 1934, as Purposes Act (43 U.S.C. 869). Sec. 30, E y2 NE y4. a™ nded’ or within a grazing district T. 2 S., R. 7 E., established pursuant to the Act of Principal Meridian, Montana Sec. 20, NE]4NE]4. June 28, 1934 (48 Stat. 1269), as T. 1 N., R. 1 W., The land described aggregates 1,709.51 amended, which are not otherwise with­ Sec. 24, SW^NE1/^ (that portion in acres. drawn or reserved for Federal use or Gallatin County). Purpose. T. 2 N., R. 1 E., 9. It is proposed to classify the public Sec. 26, lot 1. lands described in this paragraph for crJ?" Ode comment was received in re- T. 2 S., R. 2 E„ transfer out of Federal ownership Ponse to the notice of proposed classifi­ Sec. 6, lots, 2, 3, 7,10, and 13. through exchange under authority of

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 7518 NOTICES section 8 of the Taylor Grazing Act (43 the F ederal R egister. A separate notice from the Fisheries Loan Fund to aid in U.S.C. 315g). will be sent to each interested party of financing the construction of a new 48- foot length overall wood vessel to engage Principal Meridian, Montana record. I f circumstances warrant it, a public in the fishery for shrimp. T. 4 N., R. 7 E„ hearing will be held at a convenient time Notice is hereby given pursuant to the Sec. 4, lots 1 to 11 inclusive, lots 15, 16, and place, which will be announced. provisions of Public Law 89-85 and Fish­ NW ySW y, andS%SEy; eries Loan Fund Procedures (50 CFR Sec. 6, lots 1 to 7 inclusive, lots 10 to 15 The lands involved in the application inclusive, lot 17, NE y S W y , and are described as follows: Part 250, as revised) that the above en­ NW y SE y ; New Mexico Principal Meridian titled application is being considered by Sec. 8, N y2 NE y and w y N W y ; the Bureau of Commercial Fisheries, Fish Sec. 10, Wy2; SANTA PE NATIONAL FOREST and Wildlife Service, Department of the Sec. 14, S W y S E y . Nacimiento Road Roadside Zone Interior, Washington, D.C. 20240. Any T. 5 N., R. 7 E„ person desiring to submit evidence that Sec. 32, Ey2Ei/2. A strip of land 300 feet on each side of surveyed center line of said road through the contemplated operation of such ves­ The land described aggregates 2,009.88 the following legal subdivisions: sel will cause economic hardship or in­ acres. jury to efficient vessel operators already T. 21 N.,R. 1 E„ operating in that fishery must submit Total lands described in this notice Sec. 28, NW i4 SWi/4NWy4, NEySWySWy aggregate 8,361.54 acres. Nwy4, SEyswyNwy, NwyNEyswy, such evidence in 'r riting to the Director, 9. For a period of 30 days from the SyNEySWy, NySWySEy, SEySWy Bureau of Commercial Fisheries, within date of publication of this notice in the SE%, and S W y S W % NW 14 SE y ; 30 days from the date of publication of F ederal R egister, interested parties may Sec. 33, w y 2Ey2NEi4 and NE y NE y N W y this notice. If such evidence is received submit comments to the Secretary of the N E y . it will be evaluated along with such other Interior, LLM, 721, Washington, D.C. Clear Creek Recreation Area Addition evidence as may be available before mak­ 20240. ing a determination that the contem­ T. 21N..R. IE., E d w in Za id lic z , plated operations of the vessel will or Sec. 33, SE y; . will not cause such economic hardship State Director. sec. 34, w y 2sw y4sw y4. or injury. [P.R. Doc. 70-5904; Piled, May 13, 1970; Puerco Mesa Poleo Road Roadside Zone 8:46 a.m.] James F. M urdock, A strip of land 300 feet on each side of sur­ Acting Chief, Division of veyed center line of said road through the Financial Assistance. [New Mexico 11643] following legal subdivisions: [F.R. Doc. 70-5905; Filed, May 13, 1970; NEW MEXICO T. 20 N., R. 1 E„ 8:46 a.m.] Sec. 12,SySE y . Notice of Proposed Withdrawal and T. 20 N„ R. 2 E., Reservation of Lands Sec. 3, lots 1, 2, E y s w y N W y and swyswyNwy-, DEPARTMENT OF COMMERCE M a y 8,1970. sec. 4 , Ey2N E ysE , s w y s E y , w y 2s E y SEy, wy2NEysEysEy, and NwysEy Business and Defense Services The Forest Service, U.S. Department S E y S E y ; Administration of Agriculture, has filed an application, sec. 7, lot 4 , swyNEyswy, wy2SEy New Mexico 11643, for the withdrawal of NEyswy, NEyNwysEyswy, wy2 UNIVERSITY OF CHICAGO ET AL. lands described below, from location and NwysEyswy, and NwyNwyNwy entry under the mining laws. The appli­ SEy; Notice of Applications for Duty-Free cant desires the lands for roadside rec­ Sec. 8, S W y N E y ; Entry of Scientific Articles reation zones, recreation areas and an Sec. 9, E y N W y N W y . T. 21 N., R. 2 E., The following are notices of the administrative site. sec. 27, swyswyNEysEy and E y s w y receipt of applications for duty-free en­ For a period of 30 days from the date S E y ; try of scientific articles pursuant to sec­ of publication of this notice, all persons Sec. 34, NwyNEyNEy, NEyNwyNEy, tion 6(c) of the Educational, Scientific, who wish to submit comments, sugges­ sEyswyNwyNEy, sy2swyNEy, sy and Cultural Materials Importation Act tions, or objections in connection with NEyswy, SEyswy, and NwysEy. of 1966 (Public Law 89-651; 80 Stat. 897). the proposed withdrawal may present Tesuque Radio and Electronic Site Interested persons may present their their views in writing to the undersigned views with respect to the question of officer of the Bureau of Land Manage­ T. 18 N.,R. 11 E„ Sec. 16, unsurveyed. whether an instrument or apparatus of ment, Department of the Interior, Land equivalent scientific value for the pur­ Office Manager, Post Office Box 1449, Jacks Creek Campground poses for which the article is intended Santa Fe, N. Mex. 87501. T. 19N.. R. 12 E., to be used is being manufactured in the The authorized officer of the Bureau sec. 26, syswyswyNwy, swysEy United States. Such comments must be of Land Management will undertake such s w y N w -y , and wy2 N E y s w y ; filed in triplicate with the Director, investigations as are necessary to deter­ Sec. 27, E y E y S W y N E y and E y E y N w y Scientific Instrument Evaluation Divi­ mine the existing and potential demand — - S E y. sion, Business and Defense Services for the lands and their resources. He will The areas described above aggregate Administration, Washington, D.C. 20230, also undertake negotiations with the'ap­ 1,442.50 acres, more or less, in Rio Arriba, within 20 calendar days after date on plicant agency with the view of adjust­ Sandoval, San Miguel, and Santa Fe which this notice of application is pub­ ing the application to reduce the area to Counties, N. Mex. lished in the F ederal R egister. the minimum essential to meet the ap­ Amended regulations issued under plicant’s needs, to provide for the maxi­ M ic h a el T . S o la n , cited Act, as published in the October 14, Land Office Manager. mum concurrent utilization of the lands 1969, issue of the F ederal R egister, pre- for purposes other than the applicant’s, [F.R. Doc. 70—5922; Filed, May 13, 1970; scribe the requirements applicable to to eliminate lands needed for purposes 8:47 a.m.] comments. more essential than the applicant’s, and A copy of each application is on file, to reach agreement on the concurrent and may be examined dining ordinary management of the lands and their Fish and Wildlife Service Commerce Department business hours resources. [Docket No. G-465] at the Scientific Instrument Evaluation He will also prepare a report for con­ Division, Department of Commerce, sideration by the Secretary of the In­ JOHNNY GALLARDO Washington, D.C. terior who will determine whether or Notice of Loan Application Docket No. 70-00610-79-46040. Appli­ not the lands will be withdrawn as re­ cant: University of Chicago, Operator of quested by the applicant agency.. M ay 8,1970. Argonne National Laboratory, 9700 South The determination of the Secretary Johnny Gallardo, 1717 Schnell Drive, Cass Avenue, Argonne, 111. 60439. Article. on the application will be published in Arabi, La. 70032, has applied for a loan Electron microscope, Model JEM-200.

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 NOTICES 7519

Manufacturer: Japan Electron Optics conductors osmium and titanium. The received by Commissioner of Customs: Lab. Co., Ltd., Japan. specific heat of the materials listed will April 17, 1970. Intended use of article: The article will be measured by applying a known quan­ Docket No. 70-00623-33-46500. Appli­ be used as a primary tool in the study of tity of heat to the sample and measuring cant: The Mount Sinai Hospital of Cleve­ fast neutron radiation damage of metals the increase in temperature of the sam­ land, University Circle, Cleveland, Ohio and alloys important to the liquid metal ple, using a germanium thermometer. 44106. Article: Ultramicrotome, Model fast breeder reactor (LMFBR) program. The ratio of heat input to temperature LKB 8800. Manufacturer: LKB Produk- The radiation damage suffered under increase provides the heat capacity of ter AB, Sweden. LMFBR conditions results in dimensional the sample. Measurement of the ther­ Intended use of article: The finestrucr and mechanical property changes. Im ­ mometer temperature is done with a ture of pulmonary cells and their rela­ portant materials to the LMFBR pro­ resistance bridge, which provides the tionships at an alveolar level will be gram are austenitic stainless steels and resistance of the thermometer. Applica­ studied. Specific properties of the pul­ refractory metals such as vanadium and tion received by Commissioner of Cus­ monary cells to be investigated will be molybdenum. Radiation damage induced toms: April 16, 1970. relating to the site of origin, release, and by heavy ion bombardment will also be Docket No. 70-00616-33-43780. Appli­ degradation of pulmonary surfactant. studied. Application received by Commis­ cant: The Massachusetts General Hos­ Studies at the ultrastructural level are sioner of Customs: April 15, 1970. pital, Fruit Street, Boston, Mass. 02114. needed to identify the intracellular loci Docket No. 70-00613-01-77030. Appli­ Article: Total hip joint replacements, important to the synthesis of lipid and cant: University of California, Santa 12 each. Manufacturer: Protek Ltd., pulmonary surfactant. These studies are Barbara, Calif. 93106. Article: NMR Switzerland. to be extended in an attempt to deter­ Spectrometer, Model JNM-C-60H. Man­ Intended use of article: The article mine the morphological relationships of ufacturer: Japan Electron Optics Lab. will be used for a study and scientific the alveolar lining layer. Application re­ Co., Ltd.,'Japan. assessment of hip reconstructions, using ceived by Commissioner of Customs: Intended use of article: The articles total hip replacement in contrast to pre­ April 17,1970. will be used by the Department of Chem­ viously existing modes of reconstructive Docket No. 70-00624-33-46500. Appli­ istry in its undergraduate and graduate hip surgery. Application received by cant: Albert Einstein College of Med­ teaching and research program. Educa­ Commissioner of Customs: April 16,1970. icine, 1300 Morris Park Avenue, Bronx, tional purposes include six chemistry Docket No. 70-00617-91-46040. Appli­ N.Y. 10461. Article: Ultramicrotome, courses, Laboratory Methods in Organic cant: Cornell University, Ithaca, N.Y. Model LKB 8800A. Manufacturer: LKB Chemistry, Physical Chemistry and In­ 14850. Article: Electron microscope, Produkter AB, Sweden. strumental Analysis Laboratory, Quali­ Model EM 300. Manufacturer: Philips Intended use of article: The article tative Organic Analysis, Independent Electronics NVD, The Netherlands. will be used as a research tool to study Studies in Chemistry, Modern Instru­ Intended use of article : The article will the fine structure of the nervous sys­ mental Techniques in Organic Chemis­ be used for botanical research on ultra- tem. The projects concern the study of try, and Research in Chemistry'. Research structural studies concerning differen­ electroreceptor ultrastructure in fish and projects concern conformational equili­ tiating and mature sieve elements in ferns electron microscopy of the adrenergic brations in organic molecules; enzyme- and cycads; investigations of sieve tube fibers of the pacinian corpuscle. A va­ substrate and enzyme-inhibitor inter­ elements in tobacco (Nicotiana), linden riety of tissues and embeddings will be actions; and work with other nuclei, such (T ilia ), and willow (Salix) 'before and used during the research. Application re­ as experiments with the phosphorus nu­ after the penetration of aphid stylets; of ceived by Commissioner of Customs: clei of biologically important materials. P-protein with special reference to the April 17,1970. Application received by Commissioner of subunits and the orientation of P-protein Docket No. 70-00625-33-79200. Appli­ Customs: April 15, 1970. strands within the sieve elements in cant: Veterans Administration Hospital, Docket No. 70-00614-33-46040. Appli­ angiosperms; studies on fungi; and Chief Supply Division, Veterans Admin­ cant: University of New Mexico School of ultrastructural studies on the fate of istration, Building 222, Fort Snelling, St. Medicine, Department of Pathology, 915 chloroplasts during spore germination in Paul, Minn. 55111. Article: Automatic Stanford Drive Northeast, Albuquerque, the filamentous algo Zygnema. Applica­ electric all glass water still. Manufac­ N. Mex. 87106. Article: Electron micro­ tion received by Commissioner of Cus­ turer: L.V.D. Scorah, United Kingdom. scope, Model H U -ll-E -1. Manufacturer: toms: April 16,1970. Intended use of article: The article Hitachi, Ltd., Japan. Docket No. 70-00618-00-46070. Appli­ will be used to prepare pyrogen free Intended use of article: The article cant: University of Hlinois, Purchasing water for utilization in other elements will be used for investigation of immedi­ Division, 223 Administration Building, for research in all types of cancer re­ ate or very early ultrastructural changes Urbana, HI. 61801. Article: Multipurpose search. Application received by Commis­ in cells, cell fractions and macromolecu- specimen-stage. Manufacturer: Cam­ sioner of Customs: April 20,1970. lar constituents of cells by ionizing radi­ bridge Instrument Co., Ltd., United ation. Much of this work will be done Kingdom. C h a r l e y M . D e n t o n , Assistant Administrator for In ­ using mammalian tissue, however, tissue Intended use of article: The article will culture systems, bacteria and viruses will be used in conjunction with the scanning dustry Operations, Business also be employed. A major portion of the electron microscope in the study of the and Defense Services Admin­ istration. investigation is concerned with radiation ultra-architecture of skeletal elements damage at the macromolecular level, in­ produced by marine invertebrates and in [F.R. Doc. 70—5891; Filed, May 13, 1970; cluding but not limited’ to alterations of other investigations. Application received 8:45 a.m.] j deoxyribonucleic acid molecules, cell by Commissioner of Customs: April 16, membranes, ribosomes and enzymes. 1970. Mice will be used for the mammalian Docket No. 70-00622-33-46500. Appli­ investigations. Hela and other tissue cul­ cant: University of California at Irvine, DEPARTMENT OF HEALTH, ture systems will be used for other California College of Medicine, Irvine, aspects of the investigations. Application Calif. 92664. Article: Ultramicrotome, EDUCATION, AND WELFARE received by Commissioner of Customs: April 15, 1970. Model CmU2. Manufacturer: C. Reichert Food and Drug Administration Optische Werke AG, Austria. Docket No. 70-00615-98-16600. App Intended use of article: The article will ELANCO PRODUCTS CO. J® *; Purd.ue University, Lafayette, Ir be used to study the uptake of radioactive Notice of Withdrawal of Petition for 47907.^ Article: Cryobridge, Model 1( amino acids within the spinal cord of the Manufacturer: Automatic Systems La cat. Observation of the axon collaterals, Food Additives oratories, United Kingdom. tracing the neurons, dendrites, and Pursuant to provisions of the Federal + *i^ended use of article: The materiî axons, and observation of the uptake of Food, Drug, and Cosmetic Act (sec. 409 m_?e. s^'ud^ed> using the article, inclui amino acids in the cytoplasm require (b>, 72 Stat. 1786; 21 U.S.C. 348(b)), the metal oxides T i0 2 and TiaOa and supe ultrathin serial sectioning. Application following notice is issued: -J

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 7520 NOTICES

In accordance with § 121.52 W ith­ end of the 60-day period, only if the of 1934, as amended, concerning any drawal of petitions without prejudice of Commission has not acted upon the ap­ domestic public radio services applica­ the procedural food additive regulations plication by that time pursuant to the tion accepted for filing, is directed to (21 CFR 121.52), Elanco Products Co., first alternative earlier date. The mutual § 21.27 of the Commission’s rules for Division of Eli Lilly & Co., Indianapolis, exclusivity rights of a new application provisions governing the time for filing Ind. 46206, has withdrawn its petition are governed by the earliest action with and other requirements relating to such (42-632V), notice of which was published respect to any one of the earlier filed pleadings. in the F ederal R egister of September 30, conflicting applications. F ederal Communications 1969 (34 F.R. 15264) , proposing that the The attention of any party in interest C o m m is s io n , food additive regulations (21 CFR Part desiring to file pleadings pursuant to [ seal] B en F. W a p le , 121) be amended to provide for the safe section 309 of the Communications Act Secretary. use of tylosin and sulfathiazole in the A pplications A c c e p t e d F o r F i l i n g drinking water of swine for increasing weight gains and for the reduction of DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE lung lesions and mortality in swine with File No., applicant, call sign and nature of application pneumonia caused by bacterial patho­ gens (P. multocida and/or C. pyogenes) 7205— C2-P—70—Two-Way Radio of Carolina, Inc. (N ew ), C.P. for a new air-ground station sensitive to tylosin and sulfathiazole, to be located at 2020 West Morehead Street, Charlotte, N.C., to operate on frequency and for use in swine dysentery caused by 454.900 MHz base and 454.675 MHz signaling. bacterial pathogens (vibrionic) sensitive 7206— C2-P—70—Highland Telephone Co. (New), C.P. for a new 1-way station to be located at Bald Hill, Monroe, N.Y., to operate on frequency 158.10 MHz. to such drugs. 7207— C2—P—70— Highland Telephone Co. (New ), C.P. for a new 2-way station to be located Dated: May 1,1970. at Bald Hill, Monroe, N.Y., to operate on frequency 152.60 MHz. 7209-C2-P-70— General Telephone Co. of California (KMD981), C.P. to relocate base fa­ R. E. D uggan, cilities to 14436 East Ramona Boulevard, Baldwin Park, Calif., operating on frequency Acting Associate Commissioner 454.600 MHz and replace transmitter for same. for Compliance. 7216— C2—AL—70— Albert F. Broda, Jr. (KGI778), Consent, to assignment of license from [F.R. Doc. 70-5902; Filed, May 13, 1970; Albert F. Broda, Jr., Assignor, to Radiofone Corporation of America, Assignee. 8:46 a.m.] 7217— C2—TC- (2)70—Telephone Answering Service, Inc. Consent to transfer of control from Warren Moody, James Russell, and William A. Houser, Transferors, to Warren Moody and Janice Moody, James Russell and Mary, Transferees. Stations: KLF539, Grand Rapids, Mich.; KQZ754, Grand Rapids, Mich. (1-way). 7218— C2—P—70— South Central Bell Telephone Co. (KIG299), C.P. for a third base channel FEDERAL COMMUNICATIONS to operate on frequency 152.75 MHz and change the antenna system at station located at 1316 Adams Avenue, Montgomery, Ala. COMMISSION 7219— C2-P—70— Pacific Telephone & Telegraph Co. (KLF498), C.P. to change the antenna system at location No. 2: Hillcrest Drive, Grover City, Calif., operating on frequency [Report No. 491] 152.54 MHz. COMMON CARRIER SERVICES 7220— C2—P-70— RAM Broadcasting of Mississippi, Inc. (N ew ), C.P. for a new air-ground sta­ tion to be located at 3780 Highway No. 51 North, Jackson, Miss., to operate on frequencies INFORMATION 1 454.900 MHz base and 454.675 MHz signaling. Domestic Public Radio Services 7221— C2—P-70— Tribune Publishing Co. (KOP299), C.P. to add a second base channel to Applications Accepted for Filing 2 operate on frequency 454.300 MHz at a new site described as location No. 2: 1701 South 11th Street, Tacoma, Wash. M a y 11,1970. 7322— C 2-P -(2 )70— Georgia Mobile Telephone Co. (New), C.P. for a new air-ground station Pursuant to §§ 1.227(b) (3) and to be located at 1700 Market Street, Philadelphia, Pa., to operate on 454.850 and 454.925 MHz base and 454.675 MHz signaling. 21.26(b) of the Commission’s rules, an 7323— C2—P—70—Arizona Mobile Telephone Co. (New), C.P. for a new air-ground_station application, in order to be considered to be located at Red Feather Lodge Building, Williams State Highway, Grand Canyon, with any domestic public radio services Ariz., to operate on frequency 454.975 MHz base and 454.675 MHz signaling. application appearing on the list below, 7324— C2—P—70—Texas Mobile Telephone (New), C.P. for a new air-ground station to be must be substantially complete and ten­ located at KVII-TV Antenna Site 2.7 miles west, U.S. Route 87, Amarillo, Tex., to operate dered for filing by whichever date is on frequency 454.700 MHz base and 454.675 MHz signaling. earlier : (a) The close of business 1 busi­ 7326— C2—P—(5)70— Mountain States Telephone & Telegraph Co. (KOA737), C.P. to change ness day preceding the day on which the frequency from 35.38 MHz to 152.81 MHz; relocate same to location No. 2, Tumamoc Commission takes action on the previ­ Hill, 1.5 miles west of Tucson, Ariz.; change antenna system on 152.63 and 152.78, also ously field application; or (b) within 60 at location No. 2, and add test facilities to operate on 157.89, 157.95, 158.04, 158.07 MHz days after the date of the public notice at a new site described as location No. 3: 120 East Pennington Street, Tucson, Ariz. listing the first prior filed application 7327— C2—P- (3 )70—Alabama Mobile Telephone Co., Inc. (New ), C.P. for a new 2-way station (with which subsequent applications are to be located at WBMG—TV Transmitter Tower Radio Park, Red Mount, Birmingham, in conflict) as having been accepted for Ala., to operate on frequencies 454.125, 454.225, and 454.325 MHz. filing. An application which is subse­ 7328— C2-P— (3)70—Texas Mobile Telephone Co. (New), C.P. for a new 2-way station to be quently amended by a major change will located at K V II-T V Antenna Site, 2.7 miles west U.S. Route No. 87,.Amarillo, Tex., to be considered to be a newly filed appli­ operate on frequencies 454.250,454.300, and 454.350 MHz. cation. It is to be noted that the cutoff RURAL RADIO SERVICE dates are set forth in the alternative— 7222— C l—P-70— Mountain States Telephone & Telegraph Co. (K P Y9 2 ), C.P. to replace the applications will be entitled to-considera- transmitter operating on frequency 459.40 MHz communicating with station KSV88, tion with those listed below if filed by the Casper, Wyo. PO IN T-TO -P O IN T MICROWAVE RADIO SERVICE (TELEPHONE CARRIER) i All applications listed below are subject 7214- C1-P-70— General Telephone Co. of the Southeast (KJK67), C.P. to (a) change to further consideration and review and may frequencies 6189.8 and 6308.4 MHz, presently authorized toward Bluefield via passive be returned and/or dismissed if not found reflector, to 6011.9 and 6130.5 MHz and transmit same to a new point of communication to be in accordance with the Commission’s at East River Mountain, Va., on azimuth of 85°00', (b) delete Bluefield, W. Va., as pom rules, regulations, and other requirements. of communication, (c) change frequencies toward Grundy, Va., via passive reflector, to 1 The above alternative cutoff rules apply 5937.8 and 6056.4 MHz on azimuth of 178°44', and (d) replace equipment and change to those applications listed below as having been accepted in Domestic Public Land antenna system. Transmitter location: Jewell Ridge, Va. ' Mobile Radio, Rural Radio, Point-to-Point 7215— Cl—P-70—General Telephone Co. of the Southeast (KJK68), C.P. to change i - Microwave Radio and Local Television Trans­ quencies to 6189.8 and 6308.4 MHz toward Jewell Ridge, Va., via passive reflector o mission Services (Part 21 of the rules). azimuth of 111°48\ Transmitter location: Grundy, Va.

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 PO INT-TO -PO INT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER)--- C o n tin u e d PO INT-TO -PO INT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER)--- C o n tin u e d 7223- C1-P-70— Cameron Telephone Co. (KKT51), C.P. to change antenna location. Sta­ 7213-C1-MP-70— General Telephone Co. of the Southeast (KZS51), Modification of C.P. tion location: 0.2 mile north of State Highway 82, 1.3 miles east of Cameron, La. to add frequency 11,345 MHz toward Bluefield, W. Va., on azimuth of 22°03', add fre­ 7224- C1-P-70—Continental Telephone Co. of California (New), C.P. for a new station to be quencies 6264.0 and 6382.6 MHz toward new point of communication at Jewell Ridge, located at Highway 395, south of Crowley Lake, Calif. Frequency: 2128.4 MHz toward Va., and change antenna system. Location: East River Mountain, Va. Crestview, Calif., via passive reflector. PO IN T-TO -PO IN T MICROWAVE RADIO SERVICE (NONTELEPHONE) 7225- C l—P—70—Continental Telephone Co. of California (KNM35), C.P. to add frequency 2178.4 MHz toward Crowley Lake, Calif., via passive reflector. Major Amendment 7226- C1—P—70—South Central Bell Telephone Co. (KIU60), C.P. to add frequency 3990 6042-C1-P-70—Western Tele-Communications, Inc. (KPQ42), Change frequency from MHz toward Ivy Point, Tenn. Station location: 215 Church Street, Nashville, Tenn. 6390.0 MHz to 6182.4 MHz. All other particulars same as reported in public notice dated 7227- C1-P-70— South Central Bell Telephone Co. (N ew ), C.P. for a new station to be lo­ Apr. 13, 1970. cated at Ivy Point, 12.9 miles north of Nashville, Tenn. Frequencies: 3770 and 3850 MHz toward Oak Plains, Tenn., and 3950 MHz toward Nashville, Tenn. Informative: It appears that the following groups of applications to provide specialized^ 7228- C1-P-70—South Central Bell Telephone Co. (N ew ), C.P. ¡for a new station to be located common carrier seiVice may be mutually exclusive (wholly or in part) with the other at approximately 1% miles northeast, Oak Plains, Tenn. Frequencies: 3730 and 3810 MHz applications shown in that group and subject to the Commission’s rules regarding ex- toward Ivy Point, Tenn., and 3730 and 3810 MHz toward Clarksville, Tenn. parte presentations, by reason of economic competition and/or electrical interference: ~ 7229- C1-P-70—South Central Bell Telephone Co. (KJE53), C.P. to delete frequencies 10,955 Group 1: and 10,715 MHz toward Adams, Tenn., and add 3770 and 3850 MHz toward Oak Plains, West Texas Microwave Co., Files Nos. 6133 through 6163-C1-P-70. Tenn. Station location: 417 Madison Street, Clarksville, Tenn. Southern Pacific Communications Co., Files Nos. 6401 through 6495-C1-P-70. 7230- C1-P-70— South Central Bell Telephone Co. (KLU70), C.P. to add frequency 6011.9 MCI Texas Pacific, Inc., Files Nos. 6336 through 6399-C1-P-70. and 6130.5 MHz toward Poydras, La. Station location: 14726 Chef Menteur Highway, Western Tele-Communications, Inc., Files Nos. 6776 through 6793-C1-P-70. Michoud, La. 7231- C1-P-70—South Central Bell Telephone Co. (KKX71), C.P. to change frequencies Group 2: 6015 and 6255 MHz toward Point a la Hache, La., to: 6249.1 and 6367.7 MHz, and Nebraska Consolidated Communications Corp., Files Nos. 6185 through 6314-C1-P-70. change frequencies 6055 and 6295 MHz toward New Orleans, La., to: 6264.0 and 6382.6 Southern Pacific Communications Co., Files Nos. 6401 through 6495-C1-P-70. MHz toward Michoud, La. MCI St. Louis-Texas, Inc., Files Nos. 5922 through 5963-C1-P-70. 7232- C1-P-70—South Central Bell Telephone Co. (KKX72), C.P. to change frequencies to United Video, Inc., Files Nos. 5726 through 5819-C1-P-70. 5997.1 and 6115.7 MHz toward Poydras, La., and 6011.9 and 6130.5 MHz toward Buras, Group 3: ' NOTICES La. Station location: 0.5 mile north of Point a la Hache, La. United Video, Inc., Files Nos. 6583 through 6651-C1-P-70. 7233- Cl-P-70—South Central Bell Telephone Oo. (KKX73), C.P. to add frequencies 6249.1 MCI Kentucky Central, Inc., Files Nos. 6704 through 6737-C1-P-70. and 6367.7 MHz toward Venice, La., and change frequencies toward Point a la Hache, La., Nebraska Consolidated Communications Corp., Files Nos. 6185 through 6314-C1-P-70. to 6264.0 and 6382.6 MHz. Station location: 113 Cazezu Lane, Bruls, La. 7234- C1-P-70— South Central Bell Telephone Co. (N ew ), C.P. for a new station to be Group 4: located at approximately 2 miles northwest of Venice, La. Frequencies: 5997.1 and 6115.7 New York-Penn Microwave Corp., Files Nos. 4616 through 4637-C1-P-70. MHz toward Buras, La. MCI New England, Inc., Files Nos. 3392 through 3408-C l-P-70. 7329- C1-P-70—The Pacific'Telephone & Telegraph Co. (KNL75), C.P. to add frequency Group 5: 3890 MHz toward Stockton, Calif. Station location: 1.2 miles west-northwest of Lodi, MCI North Central States, Inc., Files Nos. 2868 through 2883-C1-P-70. Calif. Mitran, Inc., Files Nos. 5703 through 5724-C1-P-70. 7330- C1-P-70—The Pacific Telephone & Telegraph Co. (KMN30), C.P. to add frequency United Video, Inc., Files Nos. 5726 through 5819-C1-P-70. 3930 MHz toward Lodi, Calif. Station location: 345 North San Joaquin Street, Stockton, Nebraska Consolidated Communications Corp., Files Nos. 6185 through 6314-C1-P-70. •Calif. 7100- C1-P-70—The United Telephone Co. of Pennsylvania (New), C.P. for a new station to Group 6: be located at 250 Lincoln Way East, Chambersburg, Pa. Frequencies: 10,935 and 11,175 MCI Texas East Microwave, Inc., Files Nos. 6066 through 6099-C1-P-70. MHz toward Mount Newman, Pa. Nebraska Consolidated Communications Corp., Files Nos. 6185 through 6314-C1-P-70. 7101- C1—P—70—The United Telephone Co. of Pennsylvania (New), CiP. for a new station Southern Pacific Communications Co., Files Nos. 6401 through 6495-C1-P-70. to be located at Mount Newman, 3.4 miles northwest of Cashtown, Pa. Frequencies: CPI Microwave, Inc., Files Nos. 3881 through 5906-C1-P-70. 6390 and 11,325 MHz toward Ramsey Hill, Pa., and 11,345 and 11,585 MHz toward KHC Microwave Corp., doing business as United Video/La., Files Nos. 6496 through Chambersburg, Pa. 6519—Cl—P—70. 7210- C1—P—70—General Telephone Co. of California (KNL67), C.P. to change frequency East Texas Transmission Co., doing business as United Video/Texas, Files Nos. 6869 6385.0 MHz to 2126.8 MHz toward Winter Park, Calif. Station: 295 Sunrise Way, Palm through 6^73-C l-P-70. Springs, Calif. (Last two sets of applications not considered as mutually exclusive with each other.) 7211- C1-P-70—General Telephone Co. of California (KNL68), C.P. to change frequency to 2176.8 MHz toward Palm Springs, Calif. Location: Winter Park, 6.4 miles west of Preliminary determination concerning the possibility of Data Transmission Corp.’s Palm Springs, Calif. applications Files Nos. 2942 through 3169-C l-P-70 also being mutually exclusive with any 7212- C1-P-70— General Telephone Co. of the Southeast (KZS68), C.P. to add frequency or all of the above applications has not yet been made. 10,815 MHz toward East River Mountain, Va., on azimuth 202 ° 04' and change antenna system. Location: 201 Russell Street, Bluefield, W. Va. [F.R. Doc. 70-5914; Filed, May 13, 1970; 8:47 a.m.] 7521

No. 94---- 5 FEDERAL REGISTER, VOL. 35, . 94— THURSDAY, MAY 14, 1970 7522 NOTICES

[FCC 70-474] Arizona Capital was licensed solely to Licensee in exchange for 151,555 of operate under the Small Business In ­ shares of its authorized but unissued STANDARD BROADCAST APPLICA­ vestment Act of 1958, as amended (15 stock. After the proposed transfer of con­ TION READY AND AVAILABLE FOR U.S.C. 661 et seq.). trol, PIICO will own 36.2 percent of the PROCESSING Under the authority vested by the outstanding stock of TPL, and will be M a y 8 , 1970. Small Business Investment Act of 1958, the only shareholder holding more than In accordance with the Commission’s as amended, and the regulations promul­ 10 percent of the stock. > action of May 6 , 1970, granting a waiver gated thereunder, the surrender of the The operating area of the San Fran­ of § 1.571(c) of its rules to permit expedi­ license of Arizona Capital is hereby ac­ cisco-Pacific Fund, Inc., will be Oregon, tious consideration of this application, cepted and, accordingly, it is no longer California, and Washington. notice is hereby given that on June 17, licensed to operate as a small business Matters involved in SBA’s considera­ 1970, the following application investment company. tion of the application include the gen­ eral business reputation and character NEW, Bethel, Alaska, Bethel Broadcasting, For SBA (pursuant to delegated au­ thority) . of the proposed new owners, and the Inc., Req: 700 kc., 10 kw., Day. probability of successful operations of will be considered as ready and available Dated: May 4,1970. the company under their control and for processing. Pursuant to the provi­ A. H . S in g e r , management (including adequate profit­ sions of §§ 1.227(b) (1) and 1.591(b) of Associate Administrator ability and financial soundness) in ac­ the rules, an application, in order to be for Investment. cordance with the Act and Regulations. considered with this application, or with Notice is further given that any inter­ any other application on file by the close [F.R. Doc. 70-5910; Filed, May 13, 1970; ested person may, not later than 10 days of business on June 16,1970, must be sub­ 8:46 a.m.] from the date of publication of this no­ stantially complete and tendered for tice, submit to SBA, in writing, comments filing at the offices of the Commission in SAN FRANCISCO-PACIFIC FUND, INC. on the proposed transfer of control. Any Washington, D.C., by whichever date is such consideration should be addressed earlier: (a) The close of business on Notice of Filing of Application for to the Associate Administrator for In­ June 16, 1970, or (b) the earlier effective Transfer of Control of Licensed vestment, Small Business Administra­ cut-off date which this application or Small Business Investment tion, 1441 L Street NW „ Washington, any other conflicting application may D.C. 20416. Company have by virtue of conflicts necessitating A copy of this notice should be pub­ a hearing with applications appearing on Notice is hereby given that application lished by the proposed transferees in a previous lists. has been filed with the Small Business newspaper of general circulation in Port­ The attention of any party in interest Administration (SBA) pursuant to land, Oreg. desiring to file pleadings concerning the § 107.701 of the SBA rules and regula­ For SBA (pursuant to delegated au­ above application pursuant to section tions governing Small Business Invest­ thority) . 309(d)(1) of the Communications Act ment Companies (33 F.R. 326, 13 CFR of 1934, as amended, is directed to Part 107) for transfer of control of The Dated: May 4,1970. § 1.580 (i) of the Commission’s rules for San Francisco-Pacific Fund, Inc. (San- A. H. S in g e r , the provisions governing the time of P a c), 812 Southwest Washington Street, Associate Administrator filing and other requirements relating to Portland, Oreg. 97205, a Federal Licensee for Investment. such pleadings. under the Small Business Investment Act [F.R. Doc. 70-5911; Filed, May 13, 1970; Action by the Commission May 6, of 1958, as amended (15 U.S.C. 661 et 8:47 a.m.] 1970. Commissioners Burch (Chairman), seq.) (Act), License No. 12/13-0018. Bartley, Cox, Johnson, H. Rex Lee, and San-Pac was licensed on February 27, Wells. 1962. As of December 31,1969, the paid-in [Delegation of Authority No. 30-C Lubbock, Texas Disaster 760] F ederal C ommunications capital and paid-in surplus from private C o m m is s io n , sources totals $942,467. Its outstanding MANAGER, DISASTER BRANCH [ s e a l ] B e n F. W a p l e , Secretary. common stock is wholly owned by the OFFICE, CLARENDON, TEX. [F.R. Doc. 70-5913; Filed, May 13, 1970; Pacific Insurance Investment Co., Port­ Delegation of Authority Regarding 8:47 a.m.] land, Oreg. (P IIC O ). The proposed Financial Assistance Functions transfer of control is subject to and con­ I. Pursuant to the authority delegated tingent upon the approval of State and to the district director by Delegation of Federal regulatory agencies and SBA. Authority No. 30-C, 35 F.R. 5440, the SMALL BUSINESS The proposed new officers and directors following authority is hereby redelegated are as follows: to the position as indicated herein: ADMINISTRATION C. M. Armstrong, President and Director, A. Manager, Clarendon, Tex., Disaster v [License No. 12/14-0035] 3222 Northeast Grant Place, Portland, Oreg. Branch Office. 1. To approve or decline 97212. disaster direct and immediate participa­ ARIZONA CAPITAL CORP. John G. Parker, Secretary-Treasurer, 6600 tion loans up to the total SBA share of Southwest View Point Terrace, Portland, (a) $50,000 per household for repairs Notice of Surrender of Small Business Oreg. 97201. * Investment Company License Forrest W. Simmons, Director, 02437 South­ for replacement of the home and/or not west Military Road, Portland, Oreg. 97219. to exceed an additional $10,000 allowable Notice is hereby given that Arizona Stanton W. Frederick, Sr., Director, The for household goods and personal items, Capital Corp. (Arizona Capital) has, pur­ Highlands, Seattle, Wash. but in no event may the money loaned suant to § 107.105 of the SBA rules and Richard S. Zahniser, Director, 7975 South­ exceed $55,000 for a single disaster on regulations governing Small Business In ­ west Westgate Way, Portland, Oreg. 97225. home loans, except for funds to refinance vestment Companies (33 F.R. 326, 13 Thomas W. Moore, Director, 3653 Southwest prior liens or mortgages, which may be CFR Part 107) surrendered its license to 52 Place, Portland, Oreg. 97221. approved in addition to the foregoing operate as a small business investment The proposed new owner of the out­ limits for amounts up to $50,0 0 0 ; and company. standing stock of the Licensee is: (b) $350,000 on disaster business loans Arizona Capital was incorporated un­ except to the extent of refinancing of a Trans-Pacific Leasing, Inc., 1600 Southwest der the laws of the State of Arizona, and Fourth Avenue, Portland, Oreg. 97201. previous SBA disaster loan; to approve issued license number 12/14-0035 by the disaster guaranteed loans up to $350,000, Small Business Administration on Octo­ Trans-Pacific Leasing, Inc., will re­ and to decline disaster guaranteed loans ber 17, 1961. ceive all of the outstanding stock of the in any amount.

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 NOTICES 7523

2. To execute loan authorizations for The Commission orders: Central, regional, and district approved FEDERAL POWER COMMISSION (A ) Under the Natural Gas Act, par­ loans and disaster loans approved under [Docket No. RI70-1583, etc.] ticularly sections 4 and 15, the regula­ delegated authority, said execution to tions pertaining thereto (18 CPR Ch. I), read as follows: SKELLY OIL CO. ET AL. and the Commission’s rules of practice (Name), Administrator, Order Providing for Hearings on and and procedure, public hearings shall be B y ------held concerning the lawfulness of the Manager, Suspension of Proposed Changes proposed changes. Disaster Branch Office in Rates 1 (B) Pending hearings and decisions M a y 6,1970. thereon, the rate supplements herein are 3. To cancel, reinstate, modify, and The respondents named herein have suspended and their use deferred until amend authorizations for disaster loans filed proposed increased rates and date shown in the “ Date Suspended approved under delegated authority. charges of currently effective rate sched­ Until” column, and thereafter until 4. To disburse unsecured disaster loans. ules for sales of natural gas under Com­ made effective as prescribed by the 5. To extend the disbursement period mission jurisdiction, as set forth in Natural Gas Act. on disaster loan authorizations or un­ Appendix A hereof. (C) Until otherwise ordered by the disbursed portions of disaster loans. . The proposed changed rates and Commission, neither the suspended sup­ II. The authority delegated herein may charges may be unjust, unreasonable, plements, nor the rate schedules sought not be redelegated. , unduly discriminatory, or preferential, to be altered, shall be changed until dis­ III. All authority delegated herein to or otherwise unlawful. position of these proceedings or expira­ a specific position may be exercised by The Commission finds: It is in the tion of the suspension period. an SBA employee designated as acting public interest and consistent with the (D) Notices of Intervention or peti­ in that position. Natural Gas Act that the Commission tions to intervene may be filed with the enter upon hearings regarding the law­ Federal Power Commission, Washington, Effective date: April 19, 1970. fulness of the proposed changes, and D.C. 20426, in accordance with the rules that the supplements herein be sus­ of practice and procedure (18 CFR 1.8 P. S. N e u m a n n , pended and their use be deferred as and 1.37(f) on or before June 22, 1970. District Director, ordered below. Lubbock, Tex. By the Commission.

[F.R. Doc. 70-5906; Filed, May 13, 1970; 1 Does not consolidate for hearing or dis­ [ se al] G ordon M . G r a n t, 8:46 a.m.] pose of the several matters herein. Secretary.

A ppendix A

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

RI70-1583-. Skelly OU Co., Post Office 105 4 Mountain Fuel Supply Co. $10,643 4-13-70 2 5-14-70 10-14-70 13.0 2 * 14.0 Box 1650, Tulsa, Okla. (Hiawatha-Sugar Loaf Fields, 74102. Moffat County, Colo.). ------do...... 102 3 Mountain Fuel Supply Co. " 2,075 4-13-70 2 5-14-70 10-14-70 13.0 2 8 14. 0 (East and West Hiawatha Fields, Moffat County, Colo.). # .do. 205 5 E l Paso Natural Gas Co. (Custer 515 »4 - 6-70 2 5- 7-70 10- 7-70 18.5 • 119.0 R 170-288. Mountain Unit, Lea County, N . Mex.) (Permian Basin Area). RI70-1584-. American Petroflna Co. of 41 81 E l Paso Natural Gas Co. 800 4-13-70 2 5-14-70 10-14-70 13.0 * » 14.0 Texas, Post Office Box (Gallegos Canyon Unit, San 2159, Dallas, Tex. 75221. Juan County, N . Mex.) (San Juan Basin Area)...... do...... 42 1 El Paso Natural Gas Co. (San 210 4-13-60 2 5-14-70 10-14-70 13.0 < « 14.0 Juan Unit, Rio Arriba County, N . Mex.) (San Juan Basin A rea). -do. 46 2 E l Paso Natural Gas Co. (Pan 60 4-13-70 2 5-14-70 10-14-70 13.0 8 ® 14. 0 American-WUbari Gas Unit, •» San Juan County, N . Mex.) (San Juan Basin Area). -----do. 74 5 E l Paso Natural Gas Co. 8,227 » 4-13-70 » 5-14-70 10-14-70 15.9697 » ' 17.5656 RI70-432. (Gomez Field, Pecos County, Tex.) (R R . District No. 8) (Permian Basin Area). RI70-1585-. Horace F. McKay, Jr. 2 1 El Paso Natural Gas Co. (Basin 317 4- 7-70 « 5- 8-70 10- 8-70 13.0 4 « U 14.0 (Operator) et al., 800 Dakota Field, San Juan Loma Linda PI. SE., County, N . Mex.) (San Juan Albuquerque, N . Mex. Basin Area). ■dt„„ , 87108. «170-1586.. Hunt Oil Co., 1401 Elm 65 » 6 El Paso Natural Gas Co. (Brown- 422 4- 7-70 io 5_ 8-70 10- 8-70 15.97 « i » 16.9734 R 170-520; St., DaUas, Tex. 75202. Bassett Field, Crockett County, Tex.) (R R . District No. 7-C) (Permian Basin Area). RI70-1587.. Jerome P. McHugh et al., 3 5 E l Paso Natural Gas Co. u 4- 9-70 180 M 5-10-70 10-10-70 » 14.0 « « » 15.0 R 164-398. 930 Petroleum Club (Ignacio Dakota Field, La Bldg., Denver, Colo. Plata County, Colo.). 80202 RI70-1588.. Continental OU Co., Post 283 3 Northern Natural Gas Co. 8,602 4-14-70 2 5-15-70 10-15-70 16.06 « ' 17.0638 Office Box 2197, Hous­ (Denison Strawn Field, Sutton ton, Tex. 77001. County, Tex.) (R R . District No. 7-C) (Permian Basin Area). RI70-1589.. Gulf OU Corp., Post Office 174 6 E l Paso Natural Gas Co. (D ry 8,597 4- 6-70 2 5- 7-70 10- 7-70 16.24 * » 19.7925 Box 1589, Tulsa, Okla. Piney Area, Sublette County, 74102. Wyo.), ------do...... 57 9 E l Paso Natural Gas Co. (Big . 10,150 4- 6-70 2 5- 7-70 10- 7-70 16.24 8 ««17.255 Piney Field, Sublette County, Wyo.). See footnotes at end of table.

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 7524 NOTICES

A ppendix A — Continued

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

it 4_ 7_7o RI70-1590... Texas American Oil Corp. (17, 18) Natural Gas Pipeline Co. of $83,475 » 5- 8-70 10- 8-70 16.5793 7 2® 21 17.8675 (Operator) et al., 300 America (Todd Area, Eddy West Wall St., Midland, County, N . Mex.) (Permian Tex. 79701. Basin Area).

2 The stated effective date is the effective date requested hy respondent. *2 Bromide Zone. 8 Favored-nation rate increase. is Contract rate of 17.5 cents per Mcf adjusted for quality purusant to Opinion No. * Pressure base is 15.025 p.s.i.a. 468.. 8 Corrected hy filing of Apr. 17, 1970. m Price corrected by letter filed Apr. 16,1970. * Periodic rate increase. w Pertains to sales under Supplement No. 4 only, i Pressure base is 14.65 p.s.i.a. , , . , ^ i® Increase to contract rate plus tax. 8 Contract provides for 1-cent minimum guarantee for liquids for which the pro­ D Respondent issued a small producer certificate in Docket No. CS67-36. ducer has not filed. is No rate schedule on file—pertains to contract dated Aug. 15,1969. 6 Corrected by filings of Apr. 20,1970 and Apr. 22,1970. 1® Corrected by filing of Apr. 17, 1970. io The stated effective date is the first day after expiration of the statutory notice 20 Increase from applicable area ceiling rate to contract rate. period. 21 Includes 0.3675-cent per Mcf upward B.t.u. adjustment. » Does not include 1 cent per Mcf guarantee for liquids. Horace P. McKay, Jr. (Operator) et al., price levels for increased rates as set forth taken but will not serve to make the pro­ request that their proposed rate increase he in the Commission’s statement of general testants parties to the proceeding. Any permitted to become effective as of January policy No. 61-1, as amended (18 CFR 2.56). person wishing to become a party to a 1, 1969. Hunt Oil Co. requests an effective [F.R. Doc. 70-5862; Filed, May 13, 1970; proceeding or to participate as a party date of Aprir 3, 1970, for its proposed rate 8:45 a.m.] increase. Jerome P. McHugh et al., requests in any hearing therein must file a peti­ an effective date of April 10, 1970, and tion to intervene in accordance with the Commission’s rules. American Petrofina Company of Texas [Docket No. CP70-263] request that Supplement No. 5 to its FPC Take further notice that, pursuant to Gas Rate Schedule No. 74 be made effective CONSOLIDATED GAS SUPPLY CORP. the authority contained in and subject as of May 10, 1970. Texas American Oil Corp. to the jurisdiction conferred upon the (Operator) et al., request waiver of the Notice of Application statutory notice to permit an effective date Federal Power Commission by sections of April 7, 1970, for their' proposed rate M a y 7, 1970. 7 and 15 of the Natural Gas Act and the increase. Good cause has not been shown for Take notice that on April 30, 1970, Commission’s rules of practice and pro­ waiving the 30-day notice requirement pro­ Consolidated Gas Supply Corp. (Appli­ cedure, a hearing will be held without vided in section 4(d) of the Natural Gas Act further notice before the.Commission on cant) , 445 West Main Street, Clarksburg, to permit earlier effective dates for the afore­ this application if no petition to inter­ mentioned producers’ rate filings and such W. Va. 26301, filed in Docket No. CP70- 263 an application pursuant to section vene is filed within the time required requests are denied. herein, if the Commission on its own re­ Gulf Oil Corp.’s (G ulf) proposed rate 7(c) of the Natural Gas Act for a cer­ increases reflect partial reimbursement for tificate of public convenience and neces­ view of the matter finds that a grant of the Wyoming severance tax. Gulf has filed sity authorizing applicant to render the certificate is required by the public convenience and necessity. I f a petition for double the amount of the contractually increased natural gas storage service to due tax reimbursement to provide for par­ for leave to intervene is timely filed, or tial reimbursement of taxes applicable to an existing storage service customer, all as more fully set forth in the application if the Commission on its own motion be­ both past production, back to January I, lieves that a formal hearing is required, 1968, and future production. Since Gulf’s which is on file with the Commission and proposed rate filings reflect tax and a open to public inspection. further notice of such hearing will be periodic rate increase we conclude that they Applicant proposes to increase the vol­ duly given. should be suspended for 5 months from May umes of natural gas to be stored by it Under the procedure herein provided 7, 1970, the proposed effective date. for Transcontinental Gas Pipe Line for, unless otherwise advised, it will be After the amount of tax reimbursement Corp. (Transco) from a maximum unnecessary for applicant to appear or applicable to past production has been be represented at the hearing. recovered, Gulf shall file appropriate rate 23.975.000 Mcf to a maximum of decreases under its PPC Gas Rate Schedules 29.975.000 Mcf, and to increase its maxi­ G o r d o n M . G r an t, Nos. 174 and 59 to reduce the rates proposed mum daily deliveries to Transco from Secretary. therein so as to provide for tax reimburse­ 398.500 Mcf to 468,500 Mcf for the storage ment for future production only. Gulf will [F.R. Doc. 70-5893; Filed, May 13, 1970; year beginning April 1, 1970. Applicant 8:45 a.m.] also be required to refund any reimbursement further proposes, for the storage yeans relating to the Wyoming tax collected in beginning each April 1, to store for this proceeding in the event the tax is for [Docket No. RP70-34] aiiy reason held invalid upon judicial review. Transco up to a maximum of 27,975,000 Mcf with maximum daily deliveries of The proposed rate increase filed by Texas PLAQUEMINES OIL & GAS CO. American Oil Corp. (Operator) et al., a 468.500 Mcf. holder of a small producer certificate for a Applicant states that the increased Notice of Proposed Changes in Rates sale in the Permian Basin Area,22 exceeds storage service is necessary to enable and Charges the rate ceilings as set forth in § 157.40 (b) Transco to render increased storage of the Commission’s regulations for sales services for its customers and no addi­ M a y 12, 1970. under small producer certificates and should tional facilities are proposed. Take notice that on May 1, 1970, be suspended for 5 months from May 8, 1970. Any person desiring to be heard or to Plaquemines Oil & Gas Co. (Plaque­ the date of expiration of the statutory notice. make any protest with reference to said mines) tendered for filing a proposed All of the producers’ proposed increased change in its FPC Gas Rate Schedule rates and charges exceed the applicable area application should on or before June 1, 1970, file with the Federal Power Com­ No. 1, to increase its rate for its sale of mission, Washington, D.C. 20426, a peti­ gas to Tennessee Gas Pipeline Co., a 22 Producers operating under small pro­ tion to intervene or a protest in accord­ division of Tenneco (Tennessee) from ducer certificates are permitted to file above­ ance with the requirements of the Com­ 20.5 cents per Mcf to 21.5 cents per Mcf ceiling rate increases in the Permian Basin mission’s rules of practice and procedure to become effective on June 1, 1970. The Area without submitted rate schedules as a (18 CFR 1.8 or 1.10) and the regulations proposed rate change would increase result of Order No. 394 issued Jan. 6, 1970. charges for jurisdictional sales by less Where the words “ supplements” or “ rate under the Natural Gas Act (18 CFR schedules” appear in this order, they refer 157.10). All protests filed with the Com­ than $100,000 (approximately $24,000 to the notice of change in rate filed by the mission will be considered by it in de­ based on 1968 sales and approximately small producer herein. termining the appropriate action to be $17;800 based on 1969 sales) based on

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 NOTICES 7525 sales and transportation service for the financial responsibility for indemnifica­ ceeding. A protest under these rules 12-month period ending December 31, tion of passengers for nonperformance should comply with section 247(d) (3) of 1969, as adjusted. of transportation pursuant to the pro­ the rules of practice which requires that Plaquemines states that under the visions of section 3, Public Law 89-777 it set forth specifically the grounds upon terms and conditions of its contract with (80 Stat. 1357, 1358) and Federal Mari­ which it is made, contain a detailed state­ Tennessee Gas Pipeline Co., it is con­ time Commission General Order 20, as ment of protestant’s interest in the pro­ tractually entitled to the increase amended (46 CFR Part 540) : ceeding (including a copy of the spe­ sought. The proposed rates include a West Cruise Lines, Inc., C/o Icaza, Gon­ cific portions of its authority which pro- claimed rate of return of 8.7 percent. zalez—Ruiz & Aleman, Calle Aquillo de la testant believes to be in conflict with that Copies of the filing have been served Guardia No. 8, Panama, Republic of sought in the application, and describing on customers and interested state Panama. in detail the method— whether by regulatory agencies. joinder, interline, or other means— by Dated: May 8,1970. It appears reasonable and consistent which protestant would use such au­ with the public interest in this case to F rancis C. H urNe y , thority to provide all or part of the serv­ prescribe a shortened period for the fil­ Secretary. ice proposed), and shall specify with ing of protests and petitions to inter­ [F.R. Doc. 70-5917; Filed, May 13, 1970; particularity the facts, matters, and vene. Any person desiring to be heard 8:47 a.m.] things relied upon, but shall not include or to make any protest with reference issues or allegations phrased generally. to said application should on or before Protests not in reasonable compliance May 25, 1970, file with the Federal WEST CRUISE LINES, INC. with the requirements of the rules may Power Commission, Washington, D.C. be rejected. The original and one copy 20426, petitions to intervene or protest Notice of Issuance of Casualty of the protest shall be filed with the in accordance with the requirements of Certificate Commission, and a copy shall be served the Commission’s rules of practice and Security for the protection of the pub­ concurrently upon applicant’s represent­ procedure (18 CFR 1.8 or 1.10). All pro­ lic; financial responsibility to meet lia­ ative, or applicant if no representative tests filed with the Commission will be bility incurred for death or injury to is named. If the protest includes a re­ considered by it in determining the ap­ passengers or other persons on voyages. quest for oral hearing, such requests shall propriate action to be taken but will not Notice is hereby given that the follow­ meet the requirements of section 247(d) serve to make the protestants parties to ing have been issued a certificate of fi­ (4) of the special rules, and shall include the proceeding. Persons wishing to be­ nancial responsibility to meet liability the certification required therein. come parties to a proceeding or to par­ incurred for death or injury to passengers Section 247(f) of the Commission’s ticipate as a party in any hearing therein or other persons on voyages pursuant to rules of practice further provides that must file petitions to intervene in accord­ the provisions of section 2, Public Law each applicant shall, if protests to its ap­ ance with the Commission’s rules. The 89-777 (80 Stat. 1356, 1357) and Federal plication have been filed, and within 60 application is on file with the Commis­ Maritime Commission General Order 20, days of the date of this publication, notify sion and available for public inspection. as amended (46 CFR 540): the Commission in writing (1) that it is ready to proceed and prosecute the ap­ K e n n e t h F. P lu m b , West Cruise Lines, Inc., C/o Icaza, Gonzalez— Acting Secretary. plication, or ( 2 ) that it wishes to with­ Ruiz & Aleman, Calle Aquillo de la Guardia draw the application, failure in which No. 8, Panama, Republic of Panama. [F.R. Doc. 70-6001; Filed, May 13, 1970; the application will be dismissed by the 8:45 a.m.] Dated: May 8 , 1970. Commission. Further processing steps (whether F rancis C. H u r n e y , modified procedure, oral hearing, or other Secretary. procedures) will be determined generally CIVIL SERVICE COMMISSION [F.R. Doc. 70-5918; Filed, May 13, 1970; in accordance with the Commission’s DEPARTMENT OF THE AIR FORCE 8:47 a.m.] General Policy Statement Concerning Motor Carrier Licensing Procedures, Notice of Grant of Authority To Make published in the F ederal R egister issue Noncareer Executive Assignment of May 3, 1966. This assignment will be INTERSTATE COMMERCE by Commission order which will be Under authority of § 9.20 of Civil Serv­ served on each party of record. ice Rule IX (5 CFR 9.20), the Civil- The publications hereinafter set forth Service Commission authorizes the COMMISSION reflect the scope of the applications as department of the Air Force to fill by [Notice 44] filed by applicants, and may include honcareer executive assignment in the MOTOR CARRIER, BROKER, WATER descriptions, restrictions, or limitations excepted service the position of Deputy CARRIER, AND FREIGHT FOR­ which are not in a form acceptable to for Reserve Affairs and Education. WARDER APPLICATIONS the Commission. Authority which ulti­ U n ite d S tates C iv il S erv­ mately may be granted as a result of the ice C o m m is s io n , M a y 8, 1970. applications here noticed will not neces­ [ seal] James C. S p r y , The following applications are gov­ sarily reflect the phraseology set forth Executive Assistant to erned by Special Rule 2471 of the Com­ in the application as filed, but also will the Commissioners. mission’s general rules of practice (49 eliminate any restrictions which are not [FB. Doc. 70-5931; Filed, May 13, 1970; CFR 1100-247, as amended), published acceptable to the Commission. 8:48 a.m.] in the F ederal R egister issue of April No. MC 2229 (Sub-No. 153), filed April 20, 1966, effective May 20, 1966. These 21* 1970. Applicant: RED BALL MOTOR rules provide, among other things, that a FREIGHT, INC., 3177 Irving Boulevard, protest to the granting of an application Post Office Box 47407, Dallas, Tex. 75247. FEDERAL MARITIME COMMISSION must be filed with the Commission within Applicant’s representative: James W. 30 days after date of notice of filing of WEST CRUISE LINES, INC. Whittemore (same address as above). the application is published in the F ed­ Authority sought to operate as a com­ Notice of Issuance of Performance eral R egister. Failure seasonably to file mon carrier, by motor vehicle, over reg­ Certificate a protest will be construed as a waiver of ular routes, transporting: General com­ opposition and participation in the pro- modities (except those of unusual value, Security for the protection of the classes A and B explosives, household Public; indemnification of passengers for 1 Copies of Special Rule 247 (as amended) goods as defined by the Commission, nonperformance of transportation. can be obtained by writing to the Sec­ commodities requiring special equipment, N°ue is hereby given that the follow- retary, Interstate Commerce Commission, and those injurious or contaminating to 8 have been issued a certificate of Washington, D.C. 20423. other lading), serving the plantsite of

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 7526 NOTICES

International Paper Co. at or near Tex­ over irregular routes, transporting: sought to operate as a common carrier, arkana, Tex., as an off-route point in Commodities, which because of size or by motor vehicle, over irregular routes, connection with applicant’s presently au­ weight require the use of special equip­ transporting: 41) Antipollution systems thorized regular-route operations at Tex­ ment, and related materials and supplies, and antipollution system parts, from arkana, Tex. N o t e : If a hearing is which, because of size or weight do not Mishawaka, Ind., to points in the United deemed necessary, applicant requests it require the use of special equipment, States (except Alaska and H aw aii); and be held at Mobile, Ala., or Dallas, Tex. when moving in mixed loads with com­ ( 2 ) materials, equipment, and supplies No. MC 1824 (Sub-No. 52), filed April modities which do not require the use of used in the manufacture and processing 22, 1970. Applicant: PRESTON TRUCK­ special equipment, in a trailer-on-ship of the commodities in ( 1) from points ING COMPANY, INC., 151 Easton Boule­ service, restricted to shipments having a in the United States (except Alaska and vard, Preston, Md. 21655. Applicant’s prior or subsequent movement by water, Hawaii) to Mishawaka, Ind. N o t e : Ap­ representative: Frank V. Klein (same between ports extending from Eastport, plicant states that the requested author­ address as above). Authority sought to Maine, to Hampton Roads, Va., Range ity cannot be tacked with its existing operate as a common carrier, by motor of Ports as defined by the Maritime Com­ authority. If a hearing is deemed neces­ vehicle, over irregular routes, transport­ mission, on the one hand, and, on the sary, applicant requests it be held at ing: Prepared foodstuffs (except in bulk) other, points in the United States, includ­ Chicago, 111., or Indianapolis, Ind. in vehicles equipped with mechanical ing Alaska and Hawaii. N ote : Applicant No. MC 30887 (Sub-No. 164) (Amend­ refrigeration, from Seelyville, Ind., to states that the requested authority can­ ment) filed February 24, 1970, published East Greenville, Pa. N o t e : Applicant not be tacked with its existing authority. in the F ederal R egister issue of states that the requested authority can­ Common control may be involved. If a March 26, 1970, amended and repub­ not be tacked with its existing authority. hearing is deemed necessary, applicant lished as amended, this issue. Applicant: I f a hearing is deemed necessary, appli­ requests it be held at Washington, D.C. SHIPLEY TRANSFER, INC., Post Office cant requests it be held at Washington, No. MC 10207 (Sub-No. 16), filed Box 55, 49 Main Street, Reisterstown, D.C. April 8 , 1970. Applicant: McCLAIN Md. 21136. Applicant’s representative: No. MC 3252 (Sub-No. 6 6 ), filed April DRAY LINE, INC., 404 Railroad Ave­ W. Wilson Corroum (same address as 16, 1970. Applicant: MERRILL TRANS­ nue, Marion, Ind. Applicant’s repre­ applicant). Authority sought to operate PO RT CO., a corporation, 1037 Forest sentative: Ferdinand Born, 601 Chamber as a common carrier, by motor vehicle, Avenue, Portland, Maine 04104. Appli­ of Commerce Building, Indianapolis, over irregular routes, transporting: cant’s representative: Francis E. Barrett, Ind. 46204. Authority sought to operate Liquid adhesives, in bulk, in tank ve­ Jr., 536 Granite Street, Braintree, Mass. as a common carrier, by motor vehicle, hicles, restricted to traffic originating at 02184. Authority sought to operate as a over regular routes, transporting: Gen­ the plantsite of Standard Brands Chem­ common carrier, by motor vehicle, over eral commodities (except those of un­ ical Industries, Inc., at Cheswold, Del., to irregular routes, transporting: (a) Waste usual value, classes A an&B explosives, Clifton, Edison, and Landisville, .N.J.; chemicals, in bulk, in tank vehicles, from also household goods as defined by New York, N.Y.; Easley, S.C.; Attleboro, Williston, Vt., to Meriden, Conn., and the Commission, commodities in bulk, Mass.; and Paterson, N.J. N o t e : Appli­ Carlstadt, N.J.; (b) aviation fuel, in commodities requiring special equip­ cant states that the requested authority bulk, in tank vehicles, from Searsport, ment, and those injurious or contam­ cannot be tacked with its existing au­ Maine, to Burlington, Vt.; (c) latex, in inating to other lading), serving to thority. The purpose of this republica­ bulk, in tank vehicles, from Portland, and from the Olin Corp. (or divi­ tion is to broaden the territorial scope Maine, to Bucksport, Maine; and, (d) sions or subsidiaries) located approx­ by adding the destination points- of caustic soda and sodium hypochlorite, in imately 5 V2 miles northwest of Peru, Attleboro, Mass., and Paterson, N.J., and bulk, in tank vehicles, from Orrlngton, Ind. (approximately 3 miles west of U.S. add the restriction. I f a hearing is Maine, to points in Maine, New Hamp­ Highway 31), as an off-route point in deemed necessary, applicant requests it shire, Vermont, Massachusetts, Rhode connection with carrier’s presently au­ be held at Washington, D.C. Island, Connecticut, New York, and New thorized regular-route operations. Appli­ No. MC 31389 (Sub-No. 126), filed Jersey. N o t e : Applicant states that the cant states that no duplicating authority April 22, 1970. Applicant: McLEAN requested authority cannot be tacked is sought. I f a hearing is deemed neces­ TRUCKING COMPANY, a corporation, with its existing authority. If a hearing is sary, applicant requests it be held at 617 Waughtown Street, Post Office Box deemed necessary, applicant requests it Indianapolis, Ind., or Chicago, 111. 213, Winston-Salem, N.C. 27102. Appli­ be held at Albany, N.Y., or Boston, Mass. No. MC 13426 (Sub-No. 3), filed cant’s representative: Francis W. Mc- No. MC 3581 (Sub-No. 14), filed April 20, 1970. Applicant: UNITED Inemy, 1000 16th Street NW., Wash­ April 24, 1970. Applicant: THE MOTOR PARCEL SERVICE, INC., 300 North ington, D.C. 20036. Authority sought to CONVOY, INC., Post Office Box 82432, Second Street, St. Charles, HI. Applicant’s operate as a common carrier, by motor Hapeville, Ga. 30054. Applicant’s repre­ representative: S. Harrison Kahn, 733 vehicle, over regular routes, transport­ sentative: Paul M. Daniell, 1600 First Investment Building, Washington, D.C. ing: General commodities (except com­ Federal Building, Atlanta, Ga. 30303. Authority sought to operate as a contract modities of unusual value, classes A and Authority sought to operate as a common carrier, by motor vehicle, over irregular B explosives, household goods as defined carrier, by motor vehicle, over irregular routes, transporting: Such commodities by the Commission, commodities in bulk, routes, transporting: Trailers, trailer as are sold by retail department stores, and those requiring special equipment), chassis (except those designed to be between Detroit, Mich., on the one hand, serving St. Gabriel, La., as an off-route drawn by passenger automobiles), trailer arid, on the other, points in St. Clair, point in connection with applicant’s converter dollies, truck tractors, contain­ Macomb, Oakland, Livingston, Wash­ regular route operations between New ers, bodies and materials^ supplies, and ington, Wayne, and Monroe Counties, Orleans and Baton Rouge, La. N ote : If a parts of such commodities, between Mich., under contract with Sears Roe­ hearing is deemed necessary, applicant points in Mecklenburg County, N.C., on buck & Co. and Montgomery Ward & Co. requests it be held at New Orleans, La., the one hand, and, on the other, points in N o t e : Applicant holds common carrier or Washington, D.C. the United States (except Alaska and authority under MC 115495 and subs No. MC 41404 (Sub-No. 89), filed Hawaii). N ote : Applicant indicates that thereunder, therefore, dual operations April 14, 1970. Applicant: ARGO-COL- tacking is possible but not intended. If and common control may be involved. LIER TRUCK LINES CORPORATION, a hearing is deemed necessary, applicant I f a hearing is deemed necessary, appli­ Post Office Box 440, Fulton Highway, requests it be held at Charlotte, N.C., or cant requests it be held at Chicago, 111., Martin, Tenn. 38237. Applicant’s repre­ A t l o n t c i C X a or Washington, D.C. sentative: Tom D. Copeland (same ad­ No. MC 6078 (Sub-No. 6 6 ), filed April No. MC 29886 (Sub-No. 260), filed dress as applicant). Authority sought to 17, 1970. Applicant: D. F. BAST, INC., April 13, 1970. Applicant: DALLAS & operate as a common carrier, by motor 1425 North Maxwell Street, Allentown, MAVIS FORWARDING CO., INC., 4000 vehicle, over irregular routes, transport­ Pa. 18001. Applicant’s representative: West Sample Street, South Bend, ing; Cheese, and cheese products, in ve­ Bert Collins, 140 Cedar Street, New York, Ind. 46621. Applicant’s representative: hicles equipped with mechanical refrig­ N.Y. 10006. Authority sought to operate Charles Pieroni, 4000 West Sample eration, from points in Wisconsin to the as a common carrier, by motor vehicle, Street, South Bend, Ind. 46621. Authority plantsite and/or storage facilities of

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 NOTICES 7527

Anderson, Clayton & Co., located at or 32207. Authority sought to operate as a Bettendorf, Iowa 52722. Applicant’s rep­ near Jacksonville (Morgan County), 111. common carrier, by motor vehicle, over resentative: Donald W. Smith, 900 Circle N ote: Common control and dual opera­ irregular routes, transporting: Cable Tower Building, Indianapolis, Ind. 46204. tions may be involved. Applicant states clamps and joints, and electric, brass, Authority sought to operate as a com­ that the requested authority cannot be bronze and copper cable, from the plant- mon carrier, by motor vehicle, over ir­ tacked with its existing authority. I f a site of Superior Continental Corp. at regular routes, transporting: (1) Ply­ hearing is deemed necessary, applicant Sherrills Ford (Catawba County), Hick­ wood and plywood products, plywood and requests it be held at St. Louis, Mo., ory and Rocky Mount, N.C., to points in plywood products combined with veneer Chicago, 111., or Madison, Wis. Georgia, Florida, Alabama, Mississippi, and plastics, paneling, doors, composi­ No. MC 42537 (Sub-No. 41), filed April Louisiana, and Arkansas. N o t e : Appli­ tion wood and composition wood prod­ 21, 1970. Applicant: CASSENS TRANS­ cant states that the requested authority ucts, and accessories, materials, and PORT COMPANY, a corporation, Post cannot be tacked with its existing au­ supplies, used in connection with the Office Box 468, Edwardsville, 111. 62025. thority. If a hearing is deemed necessary, manufacture and distribution of the Applicant’s representative: Donald W. applicant requests it be held at Jackson­ above-described commodities, from Osh­ Smith, 900 Circle Tower Building, In ­ ville, Fla.; Atlanta, Ga.; or Washington, kosh, Wis., to points in Alabama, Arkan­ dianapolis, Ind. 46204. Authority sought D.C. sas, Connecticut, Delaware, Florida, to operate as a common carrier, by motor No. MC 59317 (Sub-No. 9), filed April Georgia, Illinois, Indiana, Iowa, Kansas, vehicle, over irregular routes, transport­ 24, 1970. Applicant: BISOM TRUCK Kentucky, Louisiana, Maine, Maryland, ing: Automobiles, trucks, buses and LINE, INC., 725 First Street, Newton, Massachusetts, Michigan, Minnesota, chassis, in initial and secondary move­ Iowa 50208. Applicant’s representative: Mississippi, Missouri, Nebraska, New ments in truckaway service, and bodies William L. Fairbank, 610 Hubbell Build­ Hampshire, New Jersey, New York, and cabs, from points in Detroit, Mich., ing, Des Moines, Iowa 50309. Authority North' Carolina, North Dakota, Ohio, on and east of U.S. Highway 10, to points sought to operate as a common carrier, Oklahoma, Pennsylvania, Rhode Island, in Wisconsin. Restriction: Restricted to by motor vehicle, over irregular routes, South Carolina, South Dakota, Tennes­ traffic originating at Chrysler Corp. transporting: Garbage disposal unit&, see, Texas, Vermont, Virginia, West Vir­ plants and storage facilities. N ote: laundry driers, and washing machines, ginia, Wisconsin, and the District of Applicant states that no tacking or and parts for garbage disposal units, Columbia; and (2) materials and sup­ joinder is contemplated, but the possi­ laundry driers, and washing machines, plies used in the manufacture and distri­ bility exists at Detroit, Mich. I f a hearing from Newton, Iowa, to points in North bution of the above-described commodi­ is deemed necessary, applicant requests it Dakota. N o t e : Applicant states that the ties, from points in the above-destined be held at Detroit, Mich., or Chicago, 111. requested authority cannot be tacked States to Oshkosh, Wis. N o t e : Common No. MC 46990 (Sub-No. 11), filed April with its existing authority. If a hearing control may be involved. Applicant states 8, 1970. Applicant: TRANS COUNTRY is deemed necessary, applicant requests that the requested authority cannot be VAN LINES, INC., 3300 Veterans High­ it be held at Des Moines, Iowa. tacked with its existing authority. If a way, Bohemia, Long Island, N.Y. 11716. No. MC 60987 (Sub-No. 15), filed hearing is deemed necessary, applicant Applicant’s representatives: Edward M. April 9,1970. Applicant: ARKIN TRUCK does not specify a location. Alfano and John L. Alfano, 2 West 45th LINE, INCORPORATED, 1600 South No. MC 61592 (Sub-No. 174), filed Street, New York, N.Y. 10036. Authority Indiana Street, Chicago, 111. 60616. Ap­ April 17, 1970. Applicant: JENKINS sought to operate as a common carrier, plicant’s representative: George S. Mul­ TRUCK LINE, INC., 3708 Elm Street, by motor vehicle, over irregular routes, lins, 4704 West Irving Park Road, Bettendorf, Iowa 52722. Applicant’s rep­ transporting: Used household goods, Chicago, 111, 60641. Authority sought to resentative: Thomas Kilroy, 2111 Jef­ between points in Nassau and Suffolk operate as a contract carrier, by motor ferson Davis Highway,. 405 South Crystal Counties, N.Y. Restriction: The service vehicle, over irregular routes, transport­ Plaza, Arlington, Va. 22202. Authority authorized herein is restricted to the ing: Printed matter and materials, sup­ sought to operate as a common carrier, transportation of traffic having a prior plies, and equipment used or useful in by motor vehicle, over irregular routes, or subsequent movement, in containers, the maintenance and operation of print­ transporting: Wallboard, fiberboard, beyond the points authorized and further ing houses, between the plantsite of R. R. pulpboard, adhesive cement, plastic or restricted to the performance of pickup Donnelley & Sons Co. at Chicago, 111., fiberglass plate or sheet, nails, eave filler and delivery service in connection with and the plantsite of R. R. Donnelley & strips, wood moldings and aluminum packing, crating, and containerization, Sons Co. at Glasgow, Ky., under contract flashing, from the plantsite of Barclay or unpacking, uncrating, and decontain­ with R. R. Donnelley & Sons Co. N o t e : Industries, Inc., Lodi, N.J., to points in erization of such traffic. Note : Applicant Applicant has a pending common carrier the United States, including Alaska, but states that the requested authority can­ authority under MC 134102. If a hearing excluding Hawaii. N o t e : Applicant states not be tacked with its existing authority. is deemed necessary, applicant requests it that the requested authority cannot be If a hearing is deeified necessary, appli­ be held at Chicago, 111. tacked with its existing authority. If a cant requests it be held at New York, hearing is deemed necessary, applicant N.Y. No. MC 61440 (Sub-No. 125), filed April 20, 1970. Applicant: LEE W AY MOTOR requests it be held at Washington, D.C. No. MC 56679 (Sub-No. 40), filed FREIGHT, INC., 3000 West Reno Street, No. MC 63417 (Sub-No. 30), filed April 22, 1970. Applicant: BROWN Oklahoma City, Okla. 73108. Applicant’s April 9, 1970. Applicant: BLUE RIDGE TRANSPORT CORP., 125 Milton Ave­ representative: Richard H. Champlin, TRANSFER COMPANY, INCORPO­ nue SE., Atlanta, Ga. 30315. Applicant’s Post Office Box 82488, Oklahoma City, RATED, 1814 Hollins Road NE., Post O f­ representative: B. K. McClain (same Okla. 73108. Authority sought to operate fice Box 2888, Roanoke, Va. 24001. Appli­ address as above). Authority sought to as a common carrier, by motor vehicle, cant’s representatives: Lester M. Bridge- operate as a common carrier, by motor over regular routes, transporting: Gen­ man and Nancy Pyeatt, 1000 Woodward vehicle, over irregular routes, transport­ eral commodities, except those of unusual Building, Washington, D.C. 20005. Au­ ing: Phosphatic animal and poultry feed value, classes A and B explosives, house­ thority sought to operate as a common ingredients and blends thereof, from hold goods as defined by the Commis­ carrier, by motor vehicle, over irregular Rogers, Minn., to Bishop, Ga. N ote: Ap­ sion, commodities in bulk and those re­ routes, transporting: New furniture, plicant states that the requested author- quiring special equipment, serving the from Sumter, S.C., to points in Alabama, q y *annot tacked with its existing plantsite of American Magnesium near Florida, and Georgia. N o t e : Applicant authority. If a hearing is deemed neces­ Snyder, Tex., as an off-route point in states that by combining its Subs 5 and sary, applicant requests it be held at connection with applicant’s authorized 6 and the authority sought in the instant Atlanta, Ga., or Minneapolis, Minn. regular route operations. N o t e : I f a application, it would be able to provide No. MC 59150 (Sub-No. 52), filed hearing is deemed necessary, applicant service from points in Delaware, Mary­ tdaatoL4’ 197°* Applicant: PLOOP requests it be held at Oklahoma City, TRANSFER COMPANY, INC., 1901 Hill Okla., or Dallas, Tex. land, New Jersey, New York, Pennsyl­ street, Jacksonville, Fla. 32202. Appli- No. MC 61592 (Sub-No. 172), filed vania, Virginia, and West Virginia, to iKS V epre?entative: Martin Sack, Jr., March 30, 1970. Applicant: JENKINS points in Alabama, Florida, and Georgia, 04 Gulf Life Tower, Jacksonville, Fla. TRUCK LINE, INC., 3708 Elm Street, however the only new service would be to

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 7528 NOTICES points in Florida since it is presently au­ gan Highway 46, thence on and north of involved. I f a hearing is deemed neces­ thorized to serve points in Georgia and Michigan Highway 46 to Port Sanilac, sary, applicant requests it be held at Alabama from the seven named States by Mich, (excluding Muskegon, Mich.), re­ Denver, Colo. combining at Rocky Mount, Va., author­ stricted to the transportation of ship­ No. MC 85255 (Sub-No. 36), filed April ity held in Subs 5 and 6 . I f a hearing is ments having a prior or subsequent 2, 1970. Applicant: PUDGET SOUND deemed necessary, applicant requests it movement in containers beyond the TRUCK LINES, INC., Pier 62, Seattle, be held at Washington, D.C., or Roanoke, points authorized, and further restricted Wash. 98101. Applicant’s representative: Va. to the performance of pickup and de­ Clyde H. Maclver, 3712 Seattle First No. MC 63792 (Sub-No. 15), filed livery service in connection with packing, National Bank Building, Seattle, Wash. April 20, 1970. Applicant: TOM HICKS crating, and containerization, or unpack­ 98104. Authority sought to operate as a TRANSFER COMPANY, INC., Post Of­ ing, uncrating, and decontainerization. common carrier, by motor vehicle, over fice Box 283, Harvey, La. 70058. Appli­ N o t e : Applicant holds contract author­ irregular routes, transporting: Glass cant’s representative: Thomas E. James, ity under Docket No. MC 127458 Sub-No. containers (bottles or ja rs), caps, covers, The 904 Lavaca Building, Austin, Tex. 2 , therefore dual operations may be in­ stoppers, tops, and fiberboard boxes, 78701. Authority sought to operate as a volved. Applicant states that the re­ from points in King, Pierce, and Thurs­ common carrier, by motor vehicle, over quested authority cannot be tacked with ton Counties, Wash., to points in Colum­ irregular routes, transporting: Iron and its existing authority. If a hearing is bia, Multnomah, Clackamas, Washing­ steel and iron and steel articles, from deemed necessary, applicant requests it ton, Polk, Marion, Yamhill, Linn, and points in Fort Bend County, Tex., to be held at Bay City, Saginaw, or Detroit, Benton Counties, Oreg., together with points in Texas, Louisiana, Mississippi, Mich. the return of rejected shipments, pack­ Arkansas, Oklahoma, and New Mexico. No. MC 75406 (Sub-No. 37), filed April ing materials, and empty pallets, to point N o t e : Applicant states that the re­ 16, 1970. Applicant: SUPERIOR FOR­ of origin. N o t e : Applicant states that the quested authority cannot be tacked with W ARDING COMPANY, INC., 2600 South requested authority canot be tacked with its existing authority. I f a hearing is Fourth Street, St. Louis, Mo. 63118. its existing authority. If a hearing is deemed necessary, applicant requests it Applicant’s representative: G. M. Reb- deemed necessary, applicant requests ot be held at Houston, Tex. man, 314 North Broadway, St. Louis, Mo. be held at Seattle, Wash., or Portland, No. MC 67118 (Sub-No. 17), filed 63102. Authority sought to operate as a Oreg. April 15, 1970. Applicant: STRONG common carrier, by motor vehicle, over No. MC 93235 (Sub-No. 8 ), filed MOTOR LINES, INCORPORATED, regular routes, transporting: Classes A April 7, 1970. Applicant: INDIANA Chuckatuck Avenue and Old Midlothian and B explosives, and general commodi­ TRUCKING, INC., 400 Blaine Avenue, Pike, Richmond, Va. 23225. Applicant’s ties (except those of unusual value), Gary, Ind. 46406. Applicant’s represent­ representative: John C. Goddin, 200 household goods as defined by the Com­ ative: Eugene L. Cohn, 1 North La Salle West Grace Street, Richmond, Va. 23220. mission, commodities in bulk, and those Street, Chicago, HI. 60602. Authority Authority sought to operate as a con­ requiring special equipment, between Hot sought to operate as a contract carrier, tract carrier, by motor vehicle, over Springs, Ark., and Jessieville, Ark., over by motor vehicle, over irregular routes, irregular routes, transporting: Meats, Arkansas Highway 7, serving all inter­ transporting: Castings, forgings, finished meat products and meat byproducts and mediate points, and the off-route point machine parts, truck cabs and parts, and articles distributed by meat packing­ of Hot Springs Village (an unincorpo­ materials and supplies used in the manu­ houses, as described in sections A and rated area between Hot Springs and facture, processing, or sale of motor C of Appendix I to the report in Descrip­ Jessieville). N o t e : If a hearing is deemed trucks, between points in the Chicago, tions in Motor Carrier Certificates, 61 necessary, applicant requests it be held 111., commercial zone, as defined by the M.C.C. 209 and 766 (except hides and at Hot Springs or Little Rock, Ark. - Commission, on the one hand, and, on commodities in bulk, in tank vehicles); No. MC 82492 (Sub-No. 35), filed the other, Butler, Ind. Restriction: The ( 1 ) from the plantsite and storage facili­ April 20, 1970. Applicant: MICHIGAN & proposed operations are limited to a ties of Hygrade Food Products Corp. at NEBRASKA TRAN SIT CO., INC., Post transportation service to be performed Philadelphia, Pa., to points in the Dis­ Office Box 2853, Kalamazoo, Mich. 49001. under a continuing contract, or contracts trict of Columbia, North Carolina, South Applicant’s representative: William C. with the Hendrickson Manufacturing Carolina, and Virginia; restricted to Harris (same address as above). Author­ Co. N o t e : If a hearing is deemed neces­ traffic destined to the above-named ity sought to operate as a common car­ sary, applicant requests it be held at destination points; and returned or re­ rier, by motor vehicle, over irregular Chicago, 111., or Washington, D.C. jected shipments on return; and ( 2 ) routes, transporting: Foodstuffs, from No. MC 94350 (Sub-No. 259), filed from the plantsite and storage facilities the plantsites of the Duffy-Mott Co., Inc., April 21, 1970. Applicant: TRANSIT of Hygrade Food Products Corp., at at Baily, Grawn, and Hartford, Mich., to HOMES, INC., Haywood Road, Post Richmond, Va., to Philadelphia, Pa. points in Illinois, Iowa, Minnesota, Office Box 1628, Greenville, S.C. 29602. N o t e : If a hearing is deemed necessary, Missouri, Nebraska, North Dakota, South Applicant’s representatives: Mitchell applicant requests it be held at Wash­ Dakota, and Wisconsin. N o t e : Applicant King, Jr. (same address as applicant), ington, D.C., or Richmond, V a.. states that the requested authority can­ and Ames, Hill and Ames, 666 1 1 th Street No. MC 69322 (Sub-No. 3), filed Febru­ not be tacked with its existing authority. NW., McLachlen Bank Building, Suite ary 4, 197Q- Applicant: DOBSON CART­ I f a hearing is deemed necessary, appli­ 705, Washington, D C. 20001. Authority AGE & STORAGE COMPANY, a corpo­ cant requests it be held at Detroit, Mich., sought to operate as a common carrier, ration, 1006 East Indiana Street, Bay or New York, N.Y. by motor vehicle, over irregular routes, City, Mich. 48706. Applicant’s representa­ No. MC 83539 (Sub-No. 277), filed transporting: Buildings, in sections, tive; Robert R. Heman, 1712 N Street April 24, 1970. Applicant: C & H TRANS­ mounted on wheeled undercarriages, NW., Washington, D.C. 20036. Authority PORTATION CO., INC., 1935 West Com­ from points in Darlington County, S.C., sought to operate as a common carrier, merce Street, Post Office Box 5976, to points east of the Mississippi River, by motor vehicle, over irregular routes, Dallas, Tex„ 75222. Applicant’s repre­ including Louisiana and Minnesota. transporting: Used household goods, as sentatives: Kenneth Weeks (same ad­ N o t e : Applicant states that the requested defined by the Commission, between Bay dress as above), and Thomas E. James, authority cannot be tacked with its City, Oscoda, and Kinross, Mich., on the The 904 Lavaca Building, Austin, Tex. existing authority. Common control may one hand, and, on the other, points in 78701. Authority sought to operate as a be involved. If a hearing is deemed neces­ the Upper Peninsula of Michigan, and common carrier, by motor vehicle, over sary, applicant requests it be held at that part of Michigan on and north of irregular routes, transporting: Tractors Columbia, S.C. Michigan Highway 46, thence in an east­ and hydraulic hammers, from Denver, No. MC 94350 (Sub-No. 260), filed erly direction to junction Michigan Colo., to points in the United States (ex­ April 24, 1970. Applicant: TRANSIT. Highway 57, thence on and north of cept points in Colorado and Hawaii). HOMES, INC., Haywood Road, Post Michigan Highway 57 to junction Michi­ N ote : Applicant states that the requested Office Box 1628, Greenville, S.C. 29602. gan Highway 15, thence on and north of authority cannot be tacked with its exist­ Applicant’s representatives: Mitchell Michigan Highway 15 to junction Michi­ ing authority. Common control may be King, Jr. (same address as applicant),

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 NOTICES 7529 and Ames, Hill and Ames, 666 11th Street contract carrier, by motor vehicle, over 39 South La Salle Street, Chicago, 111. NW., Suite 705, McLachlen Bank Build­ irregular routes, transporting: ( 1) 60603. Authority sought to operate as a ing, Washington, D.C. 20001. Authority Wooden spoons, forks, tongue depressors, common carrier, by motor vehicle, over sought to operate as a common carrier, cocktail spears, coffee stirrers, ice cream irregular routes, transporting: Meats, by motor vehicle, over irregular routes, sticks, and plastic spoons, knives, and meat products, and meat byproducts, and transporting: Trailers designed to be forks, from Tupper Lake, N.Y., to Ba­ articles distributed by meat packing­ drawn by passenger automobiles, in ini­ yonne, N.J., and New York, N.Y.; (2) houses, as described in sections A and tial movements, and buildings, in sec­ wooden spoons, forks, tongue depressors, C of appendix I to the report in Descrip­ tions, mounted on wheeled undercar­ cocktail spears, coffee stirrers, and i6e tions in Motor Carrier Certificates, 61 riages, from points of manufacture, from cream sticks; (a) from Guilford, Skow- M.C.C. 209 and 766 (except commodities points in Washington County, Okla., to hegan, and Solon, Maine, to Tupper in bulk, in tank vehicles), from the points in the United States (except Lake, NrY.; and (b) from port of entry plantsite of Oscar Mayer & Co., at or Alaska and Hawaii). N o t e : Applicant on the international boundary line be­ near Lettsville, Tenn., to points in Ala­ states that the requested authority can­ tween the United States, and Canada at bama, Florida, Georgia, North Carolina, not be tacked with its existing authority. or near Champlain, N.Y., to Tupper Lake, and South Carolina, restricted to traffic If a hearing is deemed necessary, appli­ N. Y.; and (3 plastic spoons, knives, and originating at the above-described plant- cant requests it be held at Tulsa, Okla. forks, from Leominster, Mass., to Tup­ site and destined to points in the No. MC 96789 (Sub-No. 3), filed April per Lake, N.Y., under contract with above-named destination States. N o t e : 10, 1970. Applicant: NAT FARINACCI O. W .D., Inc., Tupper Lake, N.Y. N o t e : Common control may be involved. I f a & SON, INC., Box 206, Grand River, Ohio Applicant holds common carrier author­ hearing is deemed necessary, applicant 44045. Applicant’s representative: A. ity under MC 94170, therefore dual op­ requests it be held at Chicago, 111. Charles Tell, 100 East Broad Street, erations may be involved. I f a hearing is No. MC 107107 (Sub-No. 403), filed Columbus, Ohio 43215. Authority sought deemed necessary, applicant requests it April 20, 1970. Applicant: ALTERMAN to operate as a common carrier, by motor be held at Plattsburgh or Albany, N.Y. TRANSPORT LINES, INC., 2424 North­ vehicle, over irregular routes^, transport­ No. MC 103435 (Sub-No. 213), filed west 36th Street, Miami, Fla. 33149. Ap­ ing: Coke, in bulk, in dumtp vehicles, and March 12, 1970. Applicant: UNITED- plicant’s representatives: Ford W. Sewell in specialized container equipment from BUCKINGHAM FREIGHT LINES, INC., (same address as applicant), and Paul the plantsite and storage facilities of Post Office Box 192, Littleton, Colo. M. Danniell, 1600 First Federal Building, Diamond Shamrock Corp. at or near 80216. Applicant’s representative: Atlanta, Ga. 30303. Authority sought to Painesville, Ohio, to points in that part J. Maurice Andren, Post Office Box 1631, operate as a common carrier, by motor of New York on and west of a line be­ 900 East Omaha, Rapid City,. S. Dak. vehicle, over regular routes, transport­ ginning at Olcott, N.Y., thence south 57701. Authority sought to operate as a ing: General commodities, (except com­ over New York Highway 78 to its junc­ common carrier, by motor vehicle, over modities of unusual value, classes A and tion with New York Highway 16 near regular routes, transporting: General B explosives, household goods, commodi­ Spring Brook, thence over New York commodities (except those of unusual ties in bulk, and those requiring special Highway 16 to its junction with New value, classes A and B explosives, house­ equipment), between Dallas, Tex., and York Highway 17 at Olean, thence west hold goods as defined by the Commis­ Pensacola, Fla.; (a) from Dallas, Tex., over New York Highway 17 to its junc­ sion, commodities in bulk, and those re­ over U.S. Highway 80 to Jackson, Miss., tion with U.S. Highway 219 at Bladford quiring special equipment); ( 1) serving thence over U.S. Highway 49 to Hatties­ Junction, thence south over U.S. High­ the facilities of Sky Ranch in Harding burg, Miss., thence over U.S. Highway way 219 to the New York-Pennsylvania County, S. Dak., as an off-route point in 98 to Mobile, Ala., thence over U.S. High­ State line and those points in Pennsyl­ connection with carrier’s present regu­ way 90 to Pensacola, Fla., and return vania on and west of U.S. Highway 219. lar-route authority; ( 2 ) serving the over the same route serving no inter­ N o te: Applicant states that the re­ facilities of the National Forest Service mediate points, but serving Fort Worth, quested authority cannot be tacked with in or near Camp Crook, S. Dak., as an Tex., as an off-route point; (b) from its existing authority. I f a hearing is off-route point in connection with car­ Dallas, Tex., over U.S. Highway 75 to deemed necessary, applicant requests it rier’s present regular-route authority; Houston, Tex., thence over UJS. Highway be held at Cleveland or Columbus, Ohio. -and, (3) between Williston, N. Dak., and 90 to junction with U.S. Highway 167, No. MC 98499 (Sub-No. 8 ), filed April Glasgow, Mont., over U.S. Highway 2 to thence over U.S. Highway 167 to junc­ 20, 1970. Applicant: WHITE TRUCK Glasgow, Mont., and return over the tion with U.S. Highway 190, thence over LINE, INC., 2545 Jonesboro Road SE., same route, serving no intermediate U.S. Highway 190 to Baton Rouge, La., Atlanta, Ga. 30315. Applicant’s repre­ points and serving the termini for pur­ thence over U.S. Highway 61 to New sentative: Paid M. Daniell, 1600 First poses of joinder only. N o t e : Common Orleans, La., thence over U.S. Highway Federal Building, Atlanta, Ga. 30303. control may be involved. I f a hearing is 90 to Pensacola, Fla., and return over Authority sought to operate as a com­ deemed necessary, applicant requests it the same route serving the intermediate mon carrier, by motor vehicle, over be held at Rapid City, S. Dak. points of New Orleans, La., and Houston, regular routes, transporting: General No. MC 105566 (Sub-No. 17), filed Tex. Restriction: Service at New Or­ commodities (except those of unusual April 21, 1970. Applicant: SAM TANKS- leans, La., Fort Worth, and Houston, value, classes A and B explosives, LEY TRUCKING, INC., Post Office Box Tex., restricted to traffic moving to or household goods as defined by the 68, East Prairie, Mo. Applicant’s repre­ from points east of the Alabama-Florida Commission, commodities in bulk, and sentative: Thomas F. Kilroy, 2111 Jeffer­ State line. If a hearing is deemed neces­ those requiring special equipment), be­ son Davis Highway, Arlington, Va. 22202. sary, applicant requests it be held at tween Gainesville and Commerce, Ga., Authority sought to operate as a common Miami or Tampa, Fla., and Dallas, Tex. from Gainesville, Ga., over U.S. High­ carrier, by motor vehicle, over irregular No. MC 107295 (Sub-No. 272) (Amend­ way 129 to Jefferson, Ga., thence over routes, transporting: Printed matter, ment) , filed December 15,1969, published Georgia Highway 15 to Commerce, from Glasgow, Ky., Warsaw, Ind., Mat- in the F ederal R egister issues of Febru­ Ga., and return over the same route toon, 111., and Willard, Ohio, to points ary 12, 1970, and March 12, 1970, and serving all intermediate points. N o t e : in California. N o t e : Applicant states republished as amended, this issue. If a hearing is deemed necessary, appli­ that the requested authority cannot be Applicant: PRE-FAB TRANSIT CO., a cant requests it be held at Commerce, tacked, with its existing authority. I f Ga. corporation, 100 South Main Street, a hearing is deemed necessary, applicant Farmer City, 111. 61842. Applicant’s rep­ No. MC 101915 (Sub-No. 5), filed requests it bq held at Chicago, 111., or resentative: Mack Stephenson (same Aprd 13, 1970. Applicant: MADDEN’S St. Louis, Mo. address as above). Authority sought to TRANSFER & STORAGE, INC., 128 & No. MC 105813 (Sub-No. 173), filed operate as a common carrier, by motor River Street, Saranac Lake, N.Y. 12983. April 16, 1970. Applicant: BELFORD vehicle, over irregular routes, trans­ Applicant’s representative: W. Norman TRUCKING CO., INC., 3500 Northwest porting: Plywood, paneling, structural ioonrles’ 80 Bay street> Glens Falls, N.Y. 79th Avenue, Miami, Fla. 33148. Appli­ steel, hardboard, particleboard, wall- 12801. Authority sought to operate as a cant’s representative: Jack Goodman, board, plastic sheets, lumber, pipe, forest

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 No. 94------6 7530 NOTICES products, and accessories, from ports in sought to operate as a common carrier, by F e d e r a l R e g is t e r issue of May 5, 1970, Alabama, Connecticut, Florida, Georgia, motor vehicle, over irregular routes amended and republished as amended, Illinois, Louisiana, Maryland, Massachu­ transporting: Liquefied petroleum gas, in this issue. Applicant: PIRKLE REFRIG­ setts, Michigan, Minnesota, New Jersey, bulk, from the site of the pipeline termi­ ERATED FREIGHT LINES, INC., 3567 New York, North Carolina, Ohio, Penn­ nal of Hydrocarbon Transportation, East Bernard Avenue, Cudahy, Wis. sylvania, South Carolina, Texas, Virginia, Inc., at or near Rockford, HI., to points 53110. Applicant’s representative: Jack and Wisconsin, to points in the United jin Wisconsin. N o t e : Applicant states H. Blanshan, 29 South La Salle Street, States (except Washington, Oregon, that it intends to tack at Janesville, Wis., Chicago, HI. 60603. Authority sought to California, Alaska, and Hawaii). N o t e : to serve Minnesota and Upper Michigan. operate as a common carrier, by motor Applicant states it intends to tack the I f a hearing is deemed necessary, appli­ vehicle, over irregular routes, transport­ requested authority with its existing cant requests it be held at Chicago, 111. ing: Canned preserved and prepared and authority but does not identify the points No. MC 108449 (Sub-No. 311), filed frozen foods (except commodities in or territories which can be served April 20, 1970. Applicant: INDIANHEAD bulk) in mechanically refrigerated vehi­ through tacking. Persons interested in TRUCK LINE, INC., 1947 West County cles, from Archbold, Ohio, to points in the tacking possibilities are cautioned Road C, St. Paul, Minn. 55113. Appli­ Wisconsin. Restriction: Restricted to that failure to oppose the application cant’s representatives: Wallace A. Myl- traffic originating at the plantsites and may result in an unrestricted grant of lenbeck (same address as above), and warehouse facilities of Beatrice Foods authority. The purpose of this republi­ Adolph J. Bieberstein, 121 West Doty Co. companies including divisions and/or cation is to broaden the commodity Street, Madison, Wis. 53702. Authority subsidiaries thereof, and destined to the description to include plastic sheets. I f sought to operate as a common carrier, by named destinations. N o t e : Applicant a hearing is deemed necessary, applicant motor vehicle, over irregular routes states that the requested authority can­ requests it be held at Washington, D.C. transporting: Potato products and frozen not be tacked with its existing authority. No. MC 107295 (Sub-No. 376), filed potatoes, from Grand Forks, N. Dak., to The purpose of this republication is (1) April 23, 1970. Applicant: PRE-FAB points in Illinois, Indiana, Iowa, Kansas, to enlarge the commodity description by TRAN SIT CO., a corporation, 100 South Michigan, Minnesota, Missouri, Nebras­ adding “frozen foods” and (2 ) to add Main Street, Post Office Box 146, Farmer ka, Ohio, and Wisconsin. N o t e : Appli­ the restriction. I f a hearing is deemed City, HI. 61842. Applicant’s representa­ cant states that the requested authority necessary, applicant requests it be held tive: Dale L. Cox (same address as cannot be tacked with its existing au­ at Chicago, 111. above). Authority sought to operate as a thority. If a hearing is deemed necessary, No. MC 111401 (Sub-No. 302), filed common carrier, by motdr vehicle, over applicant requests it be held at Minneap­ April 20, 1970. Applicant: GROENDYKE irregular routes, transporting: Ventila­ olis, Minn., or Chicago, HI. TRANSPORT, INC., 2510 Rock Islan d tors, ventilator parts, ventilator equip­ No. MC 109708 (Sub-No. 47), filed Boulevard, Enid, Okla. 73701. Applicant's ment, ventilator systems, and accessories April 7,1970. Applicant: INDIAN RIVER representative: Alvin L. Hamilton (sam e used in the installation thereof, from the TRANSPORT CO., doing business as address as applicant). Authority sought plantsites and warehouse facilities of INDIAN RIVER TRANPORT, INC., Post to operate as a common carrier, by motor Penn Ventilator Co., Inc., at J u n c tio n Office Box 1749, Fort Pierce, Fla. 33450. vehicle, over irregular routes, transport­ City, Ky., to points in New Jersey, New Applicant’s representative: R. William ing: Liquid animal feeds and feed sup­ York, and Pennsylvania. N o t e : Applicant Becker (same address as applicant). Au­ plements, in bulk, from Leoti, Kans., to states that the requested authority can­ thority sought to operate as a common points in Colorado, Kansas, M issouri, not be tacked with its existing authority. carrier, by motor vehicle, over irregular Nebraska, New Mexico, Oklahoma,' and I f a hearing is deemed necessary, appli­ routes, transporting: Citrus juices, in Texas. N o t e : Applicant states th a t the cant requests it be held at Philadelphia, bulk, in tank vehicles, from Fort Pierce, requested authority cannot be tacked Pa. Fla., to points in Alabama, Arkansas, with its existing authority. I f a h earin g No. MC 107295 (Sub-No. 377), filed Connecticut, Delaware, Georgia, Hlinois, is deemed necessary, applicant requests April 23, 1970. Applicant: PRE-FAB Indiana, Iowa, Kansas, Kentucky, Louisi­ it be held at Kansas City, Mo., or W a s h ­ TRAN SIT CO., a corporation, 100 South ana, Maine, Maryland, Massachusetts, ington, D.C. - Main Street, Farmer City, 111. 61842. Ap­ Michigan, Mississippi, Missouri, New No. MC 111545 (Sub-No. 134), filed plicant’s representative: Dale L. Cox Hampshire, New Jersey, New York, North April 9, 1970. Applicant: HOME TRANS­ (same address as above). Authority Carolina, Ohio, Oklahoma, Pennsylvania, PORTATION COMPANY, INC., 1425 sought to operate as a common carrier, by Rhode Island, South Carolinia, Tennes­ Franklin Road SE., Marietta, Ga. 30060. motor vehicle, over irregular routes, see, Texas, Vermont, Virginia, West Applicant’s representative: Robert E. transporting: Plumber’s goods; bath­ Virginia, and Wisconsin. N o t e : Applicant Bom, Post Office Box 6426, S ta tio n A, room and lavatory fixtures; and acces­ states that the requested authority can­ Marietta, Ga. 30060. Authority so u gh t to sories, from Mansfield and Shelby, Ohio, not be tacked with its existing authority. operate as a common carrier, by m otor to points in Alabama, Arkansas, Colo­ If a hearing is deemed necessary, appli­ vehicle, over irregular routes, tra n sp o rt­ rado, Connecticut, Delaware, Florida, cant does not specify a location. ing: (1) Material handling equipment, Georgia, Illinois, Indiana, Iowa, Kansas, No. MC 110420 (Sub-No. 613), filed tanks, and tank vehicles; and ( 2 ) acces­ Kentucky, Louisiana, Maine, Maryland, April 20, 1970. Applicant: QUALITY sories, attachments, and parts fo r the Massachusetts, Michigan, Minnesota, CARRIERS, INC., 100 South Calumet commodities named in (1) from K ansas Mississippi, Missouri, Nebraska, New Street, Burlington, Wis. 53105. Appli­ City, Mo.-Kans., to points in the U nited Hampshire, New Jersey, New Mexico, cant’s representative: A. Bryant Torhorst States (except Hawaii) . N o t e : A p p lican t New York, North Carolina, North Da­ (same address as applicant). Authority states that it does not affirmatively in­ kota, Oklahoma, Pennsylvania, Rhode sought to operate as a common carrier, tend to tack and therefore does n o t indi­ Island, South Carolina, South Dakota, by motor vehicle, over irregular routes, cate the points or areas where tacking Tennessee, Texas, Vermont, Virginia, transporting: Adhesives, in bulk, from could occur. Applicant further states West Virginia, and Wisconsin. N o t e : Chicago, HI., to points in Wisconsin and that is is not agreeable to accepting a- Applicant states that the requested Missouri. N o t e : Common control may be restriction against tacking unless w a r­ authority cannot be tacked with its involved. Applicant states that it can tack ranted. Persons interested in the tick in g existing authority. If a hearing is deemed at Janesville and Milwaukee, Wis., to possibilities are cautioned that fa ilu re to necessary, applicant requests it be held serve other destination States; however, oppose the application may result in an at Columbus, Ohio. tacking is not intended to serve the unrestricted grant of authority. If ® No. MC 108449 (Sub-No. 310), filed shipper. Persons interested in the tack­ hearing is deemed necessary, applicant April 20, 1970. Applicant: INDIANHEAD ing possibilities are cautioned that fail­ requests it be held at Kansas City, Mo. TRUCK LINE, INC., 1947 West County ure to oppose the application may result No. MC 111594 (Sub-No. 50), filed Road C, St. Paul, Minn. 55113. Appli­ in an unrestricted grant of authority. If April 16, 1970. Applicant: C. W. TRANS­ a hearing is deemed necessary, applicant cant’s representatives: Wallace A. Myl- PORT, INC., 610 High Street, Wiscon­ lenbeck (same address as above), and requests it be held at Chicago, HI. Adolph J. Bieberstein, 121 West Doty No. MC 111375 (Sub-No. 35) (Amend­ sin Rapids, Wis. .54494. Applicant’s rep­ Street, Madison, Wis. 53702. Authority ment), filed April 7, 1970, published resentative: Jack Goodman, 39 South La

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 NOTICES 7531

Salle Street, Chicago, Hl. 60603. Author­ No. MC 112822 (Sub-No. 154), filed olina, and Tennessee. N o t e : Applicant ity sought to operate as a common car­ April 21, 1970. Applicant: BRAY LINES states that the requested authority can­ rier, by motor vehicle, over irregular INCORPORATED, Post Office Box 1191, not be tacked with its existing authority. routes, transporting: Spent ferric chlo­ 1401 North Little Street, Cushing, Okla. Common control may be involved. I f a ride and spent chromic acid, in bulk, in 74023. Applicant’s representative: Carl hearing is deemed necessary, applicant tank vehicles, from Indianapolis and Port L. Wright (same address as above). requests it be held at Chicago, HI. Wayne, Ind.; Port Huron, Mich.; Edina, Authority sought to operate as a com­ No. MC 113678 (Sub-No. 379), filed Golden Valley, Minneapolis, and Minne­ mon carrier, by motor vehicle, over April 6, 1970. Applicant: CURTTS, INC., tonka, Minn.; Springfield, Mo.; Cam­ irregular routes, transporting: Carpet, Post Office Box 16004, Stockyards Sta­ bridge, Ohio; and Baldwin, Wis., to Chi­ carpeting, padding, and materials and tion, Denver, Colo. 80216. Applicant’s cago, 111. N ote : Applicant states that the supplies used in the manufacture, instal­ representatives: Duane W. Acklie and requested authority cannot be tacked lation, or distribution thereof, between Richard Peterson, Post Office Box 806, with its existing authority. I f a hearing the plantsites, warehouses, and shipping Lincoln, Nebr. 68501. Authority sought is deemed necessary, applicant requests facilities of Arrowhead Carpet Mills, Inc., to operate as a common carrier, by motor it be held at Chicago, 111. Roswell, N. Nex., on the one hand, and, vehicle, over irregular routes, transport­ No. MC 111729 (Sub-No. 296) (Correc­ on the other, points in Alabama, Arizona, ing: Meats, meat products, meat byprod­ tion), filed March 30, 1970, published in California, Colorado, Connecticut, Dela­ ucts and articles distributed by meat the F ederal R egister issue of April 30, ware, Florida, Georgia, Idaho, Kentucky, packinghouses as described in sections A 1970, as corrected this issue. Applicant: Maine, Maryland, Massachusetts, Michi­ and C of appendix I to the report in AMERICAN COURIER CORPORA­ gan, Montana, Nevada, New Hampshire, Descriptions in Motor Carrier Certifi­ TION, 2 Nevada Drive, Lake Success, New Jersey, New York, North Carolina;- cates, 61 M.C.C. 209 and 766 (except N.Y. 11040. Applicant’s representatives: Ohio, Oregon, Pennsylvania, Rhode hides and commodities in bulk, in tank John M. Delany (same address as Island, South Carolina, Tennessee, Utah, vehicles), from Spencer, Hartley, and above), and Russell S. Bernhard, 1625 K Vermont, Virginia, Washington, West Cherokee, Iowa, and Sioux Falls, S. Dak., Street, NW., Washington, D.C. 20006. Virginia, and Wyoming. N o t e : Applicant to points in Connecticut, Delaware, The purpose of this partial republication states that the requested authority can­ Maine, Maryland, Massachusettss, New is to show the correct docket number as­ not be tacked with its existing authority. Hampshire, New Jersey, New York, signed thereto as MC 111729 (Sub-No. Common control may be involved. I f a Pennsylvania, Rhode Island, Vermont, 296) in lieu of MC 11729 (Sub-No. 296) hearing is deemed necessary, applicant Virginia, West Virginia, and the District which was in error. The rest of the appli­ requests it be held at Oklahoma City, of Columbia. N o t e : Applicant states that cation remains the same. Okla., or Albuquerque, N. Mex. the requested authority cannot be tacked No. MC 112148 (Sub-No. 49), filed No. MC 113106 (Sub-No. 35), filed with its existing authority. I f a hearing April 13, 1970. Applicant: POWERS April 17, 1970. Applicant: THE BLUE is deemed necessary, applicant requests TRANSPORTATION, INC., Post Office DIAMOND COMPANY, 4401 East Fair­ it be held at Omaha, Nebr., or Denver, Box 87, Storm Lake, Iowa 50588. Appli­ mont Avenue, Baltimore, Md. 21224. Colo. cant’s representative: William L. Fair- Applicant’s representative: Chester A. No. MC 114019 (Sub-No. 203), filed bank, 610 Hubbell Building, Des Moines, Zyblut, 1522 K Street NW., Suite 634, April 20, 1970. Applicant: MIDWEST Iowa 50309. Authority sought to operate Washington, D.C. 20005. Authority EMERY FREIGHT SYSTEM, INC., 7000 as a common carrier, by motor vehicle, sought to operate as a common carrier, South Pulaski Road, Chicago, HI. 60629. over irregular routes, transporting: Food­ by motor vehicle, over irregular routes, Applicant’s representative: Jack Good­ stuffs, except in bulk, from the plantsites transporting: (1) Salt and pepper in man, 39 South La Salle Street, Chicago, and warehouse facilities of Duffy-Mott containers, in mixed loads with salt, and 111. 60603. Authority sought to operate Co., Inc., at or near Hartford, Bailey, articles distributed by or used in agri­ as a common carrier, by motor vehicle, and Grawn, Mich., to points in Illinois, culture, water treatment, food process­ over irregular routes, transporting: , Iowa, Minnesota, Missouri, Nebraska, ing, wholesale groceries, and institu­ Liquid chocolate, liquid chocolate coat­ North Dakota, South Dakota, Wiscon­ tional supply firms, when shipped in ing, liquid cocoa butter, and chocolate sin, and the Upper Peninsula of Michi-r mixed loads with salt and pepper; ( 2 ) liqueur, in bulk, in tank vehicles; (a) gan. N ote: Applicant states that the re­ salt, in containers, from the plantsite from Chicago, HI., to Hackettstown, N.J.; quested authority can be tacked with its of International Salt Co., Retsof, N.Y., to and (b) from Dover, Del., to Chicago, existing authority but indicates that it points in Pennsylvania, New Jersey, Del­ 111. N o t e : Applicant states that the re­ has no present intention to tack and aware, and Maryland and the District quested authority cannot be tacked with therefore does not identify the points or of Columbia; and (3) salt, from Watkins its existing authority, Common control territories which can be served through Glen, N.Y., to points in New Jersey, may be involved. I f a hearing is deemed tacking. Persons interested in the tack­ Pennsylvania, Delaware, and points in necessary, applicant requests it be held ing possibilities are cautioned that fail- Cecil, Kent, Queen Annes, Talbot, Car­ at Chicago, 111. ure to oppose the application may resu oline, Dorchester, Wicomico, Somerset, No. MC 114239 (Sub-No. 24), filed m an unrestricted grant of authority. : and Worcester Counties, Md. N o t e : Ap­ April 20, 1970. Applicant: FARRIS a hearing is deemed necessary, applicar plicant states that the requested author­ TRUCK LINE, a corporation, Faucett, requests it be held at Washington, D.C ity cannot be tacked with its existing au­ Mo. Applicant’s representatives: Tom B. New York, N.Y., or Chicago, 111. thority. I f a hearing is deemed necessary, Kretsinger and Warren H. Sapp, 450 No. MC 112822 (Sub-No. 153), file applicant requests it be held at Wash­ Professional Building, Kansas City, Mo. 21, 1970. Applicant: BRAY LINE ington, D.C. 64106. Authority sought to operate as a INCORPORATED, Post Office Box 119 No. MC 113267 (Sub-No. 235), filed contract carrier, by motor vehicle, over i*®*North Little Street, Cushing, Okl; April 14, 1970. Applicant: CENTRAL & irregular routes, transporting: Dry t tir Applicant’s representative: Ca SOUTHERN TRUCK LINES, INC., 312 fertilizer, dry fertilizer materials, in bulk, a (same address as applicant West Morris Street, Caseyville, HI. 62232. in bags, and in mixed shipments of bulk Authority sought to operate as a commo Applicant’s representative: William J. and bags, but not in pressure tank vehi­ carrier, by motor vehicle, over irreguh Boyd, 29 South La Salle Street, Chicago, cles, from the plant and warehouse routes, transporting: Foodstuffs, froi HI. 60603. Authority sought to operate facilities of W. R. Grace & Co., located Oklahoma to points in Mich: as a common carrier, by motor vehicle, in the Kansas City, Mo., Kansas City, ’ Kentucky, Tennessee, Georgii over irregular routes, transporting: Kans., commercial zone; to points in d Florida, and all States west of name Foodstuffs, in vehicles equipped with states n ° te: Applicant states that tl mechanical refrigeration (except com­ Missouri, Kansas, Nebraska, Iowa, South authority cannot be tacke modities in bulk, in tank vehicles), from Dakota, Oklahoma, and Illinois; under yith its existing authority. If a hearin Evansville, Indianapolis, and Washing­ contract with W. R. Grace & Co. N o t e :

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 V 7532 NOTICES

No. MC 114969 (Sub-No. 36), filed in Dade County, Fla., on the one hand, Glen-Gery Corp. located at Hillsborough March 30, 1970. Applicant: PROPANE and, on the other, points in Florida Township (Somerset County), N.J., to TRANSPORT, INC., Post Office Box 232, located east and southeast of a line run­ points in Connecticut, Delaware, Maine, 1734 State Route 131, Milford, Ohio. ning concurrent to the eastern border of Maryland, Massachusetts, New Hamp­ Applicant’s representatives: James R. Jefferson County, Fla. N o t e : Applicant shire, New York, Ohio, Pennsylvania, Stiverson and Edwin H. van Deusen, 50 states that the requested authority can­ Rhode Island, Vermont, Virginia, and West Broad Street, Columbus, Ohio not be tacked with its existing authority. the District of Columbia, under contract 43215. Authority sought to operate as a Applicant states that no duplicating with Glen-Gery Corp. N ote :, Applicant common carrier, by motor vehicle, over authority is being sought. If a hearing is presently holds common carrier author­ irregular routes, transporting: Anhy­ deemed necessary, applicant requests it ity under its No. MC 129322, therefore drous ammonia, and liquefied petroleum be held at Tampa, Fla. dual operations may be involved. If a gas, in bulk, in tank vehicles, from the No. MC 115669 (Sub-No. 110), filed hearing is deemed necessary, applicant port of entry on the international bound­ March 31, 1970. Applicant: HOWARD N. requests it be held at New York, N.Y., or ary between the United States and Can­ DAHLSTEN, doing business as DAHL- Philadelphia, Pa. ada, at or near Port Huron, Mich., to STEN TRUCK LINE, Post Office Box 95, No. MC 117465 (Sub-No. 15), filed points in Indiana, Michigan, and Ohio. Clay Center, Nebr. 68933. Applicant’s April 1, 1970. Applicant: BEAVER EX­ N ote : Applicant states that the requested representative: Donald L. Stem, 630 City PRESS SERVICE, INC., doing business authority can be tacked with its existing National Bank Building, Omaha, Nebr. as BEAVER EXPRESS, Post Office Box authority but indicates that it has no 68102. Authority sought to operate as a 151, Woodward, Okla. 73801. Applicant’s present intention to tack and therefore common carrier, by motor vehicle, over representative: G. Timothy Armstrong, does not identify the points or territories irregular routes, transporting: (1) Salt, 600 Leininger Building, Oklahoma City, which can be served by tacking. Persons salt products, and mineral mixtures, in Okla. 73112. Authority sought to operate interested in the tacking possibilities are bulk, from Hutchinson and Lyons, Kans., as a common carrier, by motor vehicle, cautioned that failure to oppose the ap­ to St. Louis, Mo.; and (2) salt, salt over regular rbutes, transporting: Gen­ plication may result in an unrestricted products, and mineral mixtures, from eral commodities (except classes A and B grant of authority. If a hearing is deemed the plantsite of Cargill, Inc., at or near explosives) moving in express service, be­ necessary, applicant requests it be held Pawnee Rock, Kans., to points in Mis­ tween Guymon, Okla., and Guymon, at Columbus, Ohio, or Chicago. 111. souri and Wisconsin. N o t e : Applicant Okla., in a circuitious manner as fol­ No. MC 115180 (Sub-No. 54), filed states that the requested authority can­ lows: From Guymon, Okla., over U.S. April 16, 1970. Applicant: ONLEY RE­ not be tacked with its existing authority. Highway 54 to Dalhart, Tex., thence over FRIGERATED • TRANSPORTATION, If a hearing is deemed necessary, appli­ U.S. Highway 385 to Boise City, Okla., INC., 408 West 14th Street, New York, cant requests it be held at Omaha, Nebr., thence over U.S. Highway 56 to Hugoton, N.Y. 10014. Applicant’s representative: or Kansas City, Mo. Kans., thence over U.S. Highway 56 to George A. Olsen, 69 Tonnele Avenue, No. MC 115841 (Sub-No. 376), filed junction Kansas Highway 25, thence over Jersey City, N.J. 07306. Authority sought April 12, 1970. Applicant: COLONIAL Kansas Highway 25 to the Kansas-Okla- to operate as a common carrier, by motor REFRIGERATED TRANSPORTATION, homa State line and junction Oklahoma vehicle, over irregular routes, transport­ INC., 1215 West Bankhead Highway, Post State Highway 136, thence over Okla­ ing: Meats, meat products and meat by­ Office Box 2169, Birmingham, Ala. 35201„ homa Highway 136 to Guymon, Okla., products and articles distributed by meat Applicant’s representatives: C. E. Wesley and return over the same route, serving packinghouses, as described in sections A (same address as above), and E. Stephen all intermediate points; ( 2 ) (a) between and C of appendix I to the report in Heisley, 666 11th Street NW., Washing­ Booker, Tex., and Elmwood, Okla.: Over Descriptions in Motor Carrier Certifi­ ton, D.C. 20001. Authority sought to Texas State Highway 23 to Oklahoma- cates, 61 M.C.C. 209 and 766 (except hides operate as a common carrier, by motor Texas State line and junction Oklahoma and commodities in bulk, in tank vehi­ vehicle, over irregular routes, transport­ Highway 23, thence over Oklahoma cles), from the plantsite and storage ing: Foodstuffs, drugs, medicine, toilet Highway 23 to Elmwood, Okla., and re­ facilities utilized by Oscar Mayer & Co., articles, and advertising, promotional, turn over the same route, as an alter­ Inc., at Davenport, Iowa, from the plant- and display materials, when moving at nate route, in connection with. carrier’s site of Oscar Mayer & Co., Inc., at Perry, the same time and in the same vehicle regular-route operations in Oklahoma Iowa, and from the cold storage facilities with these commodities, from points in and Texas, with right of joinder, serving utilized by Oscar Mayer & Co., Inc., at Franklin County, Ohio, to points in that no intermediate points; (b) between Des Moines, Iowa, to points in Connecti­ part of the United States on and east of Perryton, Tex., and the intersection of cut, Delaware, Maine, Maryland, Massa­ a line begining at the mouth of the Mis­ U.S. Highways 83 and 64 (near Turpin, chusetts, New Hampshire, New Jersey, sissippi River, and extending along the Okla.); from Perryton, Tex., over U.S. New York, Rhode Island, Vermont, and Mississippi River to its junction with the Highway 83 to Oklahoma-Texas State the District of Columbia, restricted to western boundary of Itasca County, line, thence continuing over U.S. High­ traffic originating at the above-named Minn., thence northward along the way 83 to junction U.S. Highway 64, and plantsites and cold storage facilities western boundaries of Itasca and Koo­ return over the same route, as an alter­ utilized by Oscar Mayer & Co., and chiching Counties, Minn., to the United nate route, in connection with carrier’s destined to above-specified destination States-Canada boundary line, and points regular-route operations in Oklahoma points, and traffic originating at the in Texas, Louisiana, Arkansas, Okla­ and Texas, with right of joinder, serving plantsite and storage facilities utilized homa, Wisconsin, Kansas, Missouri, no intermediate points; and (c) between by Oscar Mayer & Co., at or near the Iowa, and Nebraska. N o t e : Applicant Hooker, Okla., and the intersection of origins above and destined to the above- states that it intends to tack wherever Oklahoma Highways 94 and 3: From named destination points. N o t e : If a possible. Common control may be in­ Hooker, Okla., over Oklahoma Highway hearing is deemed necessary, applicant volved. I f a hearing is deemed necessary, 94 to junction Oklahoma Highway 3 and requests it be held at Chicago, 111. applicant requests it be held at Columbus return over the same route, as an alter­ No. MC 115491 (Sub-No. 119), filed Ohio. nate route, in connection with carrier’s April 23, 1976. Applicant: COMMER­ No. MC 116721 (Sub-No. 6 ), filed regular-route operations in Oklahoma, CIAL CARRIER CORPORATION, 502 April 20, 1970. Applicant: BIG T with right of joinder, serving no inter­ East Bridgers Avenue, Post Office Drawer TRUCKING CORP., Valley Road, Rural mediate points. N o t e : I f a hearing is 67, Aubumdale, Fla. 33823. Applicant’s Delivery No. 1, Somerville, N.J. 08876. deemed necessary, applicant requests it representative: Tony G. Russell (same Applicant’s representative: Alvin Alt­ be held at Liberal, Elans., Amarillo, Tex., address as applicant). Authority sought man, 1776 Broadway, New York, N.Y. or Oklahoma City, Okla. to operate as a common carrier, by motor 10019. Authority sought to operate as a No. MC 117815 (Sub-No. 160), fijed vehicle, over irregular routes, transport­ contract carrier, by motor vehicle, over April 23, 1970. Applicant: PULLEY ing : Commodities in bulk, having an im­ irregular routes, transporting: Clay con­ FREIGHT LINES, INC., 405 Southeast mediately prior or immediately subse­ duits, drain tile, flue liners, hollow build­ 20th Street, Des Moines, Iowa 50317. Ap­ quent movement by rail, between points ing tile and brick, from the plantsite of plicant’s representative: William1 •*

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 NOTICES 7533

Fairbank, 610 Hubbell Building, Des Okla. 73102. Authority sought to op­ New Jersey, New York, Ohio, Pennsyl­ Moines, Iowa 50309. Authority sought to erate as a common carrier, by motor vania, South Carolina, Tennessee, and operate as a common carrier, by motor vehicle, over irregular routes, transport­ Texas. N o t e : Applicant states that the vehicle, over irregular routes, transport­ ing: (1) Trailers designed to be drawn requested authority cannot be tacked ing: Foodstuffs (except in bulk), from by passenger automobiles in initial move­ with its existing authority. Applicant Bailey, Grawn, and Hartford, Mich., to ments; and ( 2 ) buildings, complete, further states that no duplicating au­ points in Iowa, Minnesota, Missouri, Ne­ knocked down, or in sections, when trans­ thority is sought. Common control may braska, Wisconsin, and the Upper Pe­ ported on wheeled undercarriages with be involved. I f a hearing is deemed neces­ ninsula of Michigan. N o t e : Applicant hitchball connectors, from Childress, sary, applicant requests it be held at states that the requested authority can­ Tex., and points in Creek County, Okla., Indianapolis, Ind., or Louisville, Ky. not be tacked with its existing authority. to points in the United States (except No. MC 119837 (Sub-No. 8 ), filed If a hearing is deemed necessary, appli­ Alaska and Hawaii). N o t e : Applicant April 20, 1970. Applicant: OZARK MO­ cant requests it be held at Washington, states that, the requested authority can­ TOR LINES, INC., 806 Michigan Street, D.C., New York, N.Y., or Des Moines, not be tacked with its existing authority. Memphis, Tenn. 38106. Applicant’s rep­ Iowa. If a hearing is deemed necessary, appli­ resentative: Warren A. Goff, 2111 Sterick No. MC 117883 (Sub-No. 134) (Amend­ cant requests it be held at Oklahoma Building, Memphis, Tenn. 38103. Author­ ment) , filed February 16,1970, published City, Okla., or Dallas, Tex. ity sought to operate as a common car­ in the F ederal R egister issue of No. MC 118989 (Sub-No. 40), filed rier, by motor vehicle, over regular March 26, 1970, amended April 24, 1970, April 16, 1970. Applicant: CONTAINER routes, transporting: General commodi­ and republished as amended this issue. TRANSIT, INC., 5223 South Ninth ties (except classes A and B explosives, Applicant: SUBLER TRANSFER, INC., Street, Milwaukee, Wis. 53211. Appli­ household goods as defined by the 791 East Main Street, Versailles, Ohio cant’s representative: Robert H. Levy, Commission, livestock, commodities in 45380. Applicant’s representatives: Jack 29 South La Salle Street, Chicago, HI. bulk, and those requiring special equip­ H. Blanshan, 29 South La Salle Street, 60603. Authority sought to operate as a ment) ; (a) from Imboden, Ark., to Chicago, 111. 60603, and Edward H. Sub­ common carrier, by motor vehicle, over Pocahontas, Ark., over U.S. Highway 62 ler (same address as applicant). Author­ irregular routes, transporting: Foodstuffs and return over the same route; (b) ity sought to operate as a common car­ and juices, canned and bottled, from from Imboden, Ark., to Smithville, Ark., rier, by motor vehicle, over irregular points in Wisconsin to points in Minne­ over Arkansas Highway 115 and return routes, transporting: Canned, preserved, sota, North Dakota, South Dakota, Ne­ over the route; (c) from Black Rock, prepared, and frozen foods, except com­ braska, Iowa, Kansas, Colorado, Missouri, Ark., to Lynn, Ark., over Arkansas High­ modities in bulk, in mechanically re­ Hlinois, Kentucky, Indiana, Ohio, and way 25 and return over the same route; frigerated vehicles, from Archbold, Ohio, the Lower Peninsula of Michigan. N ote : and (d) from the junction of U.S. High­ to points in Connecticut, Delaware, Il­ Applicant states that the requested au­ way 63 and Arkansas Highway 91,2 miles linois, Indiana, Kentucky, Maine, Mary­ thority cannot be tacked with its existing southeast of Hoxie, Ark., to Pocahontas, land, Massachusetts, Michigan, New authority. I f a hearing is deemed neces­ Ark., over Arkansas Highway 91 and re­ Hampshire, New Jersey, New York, Penn­ sary, applicant requests it be held at turn over the same route serving no sylvania, Rhode Island, Vermont, West Chicago, 111., or Milwaukee, Wis. intermediate points. N o t e : Applicant Virginia, and the District of Columbia. No. MC 118989 (Sub-No. 42), filed states it proposes to join the above au­ Restriction: Restricted to traffic origi­ April 20, 1970. Applicant: CONTAINER thority with applicant’s present authority nating at the plantsite and warehouse fa ­ TRANSIT, INC., 5223 South Ninth at Imboden and Black Rock, Ark., for cilities of Beatrice Foods companies in­ Street, Milwaukee, Wis. 53211. Appli­ service at points in Tennessee, Arkansas, cluding divisions and/or subsidiaries cant’s representative: Robert H. Levy, and Missouri. I f a hearing is deemed thereof, and destined to the named 29 South La Salle Street, Chicago, HI. necessary, applicant requests it be held territories. N o t e : The purpose of this 60603. Authority sought to operate as a at Pocahontas, Ark. republication is to redescribe commodity common carrier, by motor vehicle, over ' No. MC 120543 (Sub-No. 6 6 ), filed description and add restriction. If a hear­ irregular routes, transporting: Contain­ April 20, 1970. Applicant: FLORIDA RE­ ing is deemed necessary, applicant re­ ers (except glass containers), packaging FRIGERATED SERVICE, INC., High­ quests it be held at Washington, D.C. materials, pulpboard products, and mate­ way 301 North, Post Office Box 1297, No. MC 117883 (Sub-No. 136), filed rials, equipment, and supplies used in the Dade City, Fla. 33525. Applicant’s rep­ April 16, 1970. Applicant: SUBLER manufacture, sale, and distribution of resentative: L. D. Fay, 1205 Universal TRANSFER, INC., 791 East Main Street, containers, packaging materials, and Marion Building, Post Office Box 1086, Versailles, Ohio 45380. Applicant’s repre­ pulpboard products, between points in Jacksonville, Fla. 32201. Authority sought sentative: Edward J. Subler, Post Office Connecticut, Delaware, Hlinois, Indiana, to operate as a common carrier, by mo­ Box 62, Versailles, Ohio 45380. Authority Iowa, Kentucky, Maryland, Massachu­ tor vehicle, over irregular routes, trans­ sought to operate as a common carrier, setts, Michigan, Minnesota, Missouri, porting: Frozen vegetables and canned by motor vehicle, over irregular routes, New Jersey, New York, Ohio, Pennsyl­ goods in straight or mixed shipments, transporting: Foodstuffs (excluding com- vania, Rhode Island, Tennessee, Virginia, from points in Florida, to points in Ari­ *°dities in bulk, in tank vehicles), in West Virginia, Wisconsin, and the Dis­ zona, California, Washington, Oregon, vehicles equipped with mechanical re­ trict of Columbia. N ote : Applicant states Nevada, Idaho, Montana, Utah, Colorado, frigeration, from the plantsite and ware­ that the requested authority cannot be Texas, New Mexico, and Wyoming; and house facilities of Anderson, Clayton & tacked with its existing authority. Ap­ to points on the United States-Canadian t-o. located at or near Jacksonville (Mor­ plicant further states that the instant international boundary line located in gan County), HI., to points in Michigan, application duplicates in part the pend­ Michigan and New York for furtherance ^nio, West Virginia, New York, Pennsyl­ ing applications under MC 118989 Subs to points in the Provinces of Ontario and vania, Maryland, Massachusetts, Dela­ 21,25, and 26. If a hearing is deemed nec­ Quebec, Canada. N o t e : Common control ware, New Jersey, Connecticut, New essary, applicant requests it be held at may be involved. Applicant states that Hampshire, Vermont, Rhode Island, Chicago, HI., or Milwaukee, Wis. the requested authority cannot be tacked S l ne’ and the District of Columbia. No. MC 119226 (Sub-No. 77), filed with its existing authority. I f a hearing ' f r ’Plfbant states that the requested April 15, 1970. Applicant: LIQUID is deemed necessary, applicant requests on,^y cannot be tacked with its exist- TRANSPORT CORP., 3901 Madison Ave­ it be held at Jacksonville, Fla., or A t­ g authority. If a hearing is deemed nue, Indianapolis, Ind. 46227. Applicant's lanta, Ga. applicant does not specify a representatives: Loser and Loser, 1001 No. MC 123255 (Sub-No. 6 ), filed April Chamber of Commerce Building, Indian­ 1, 1970. Applicant: B & L MOTOR ArSn i i C 118904 (Sub-No. 16), filed apolis, Ind. 46227. Authority sought to FREIGHT, INC., 140 Everett Avenue, A V * 197°- APPRcant: MOBILE operate as a common carrier, by motor Newark, Ohio. Applicant’s representa­ LT D- 1915 F Avenue, vehicle, over irregular routes, transport­ tive: William P. Sullivan, 1819 H Street tivA* Applicant’s representa- ing: Coal tar chemicals, in bulk, in tank NW., Washington, D.C. 20006. Authority J S D- Brunson, 419 North­ vehicles, from Indianapolis, Ind., to sought to operate as a common carrier, west Sixth Street, Oklahoma City, points in Alabama, Louisiana, Michigan, by motor vehicle, over irregular routes,

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 7534 NOTICES transporting: Containers (except glass), and Pennsylvania. N o t e : Applicant over irregular routes, transporting: (l) packaging materials, pulpboard products, states that tacking is not intended. Per­ Boxes and wrappers, interior packing and materials, equipment, and supplies sons interested in the tacking possibili­ forms, partitions and fillers for boxes; used in manufacturing, sale, and distri­ ties are cautioned that failure to oppose and pulpboard and fiberboard, from New bution of containers and packaging the application may result in an unre­ Orleans, La., to points in Oklahoma: and materials, between points in Connecticut, stricted grant of authority. If a hearing ( 2 ) skids, skid tops, and pallets, from District of Columbia, Delaware, Illinois, is deemed necessary, applicant requests it points in Oklahoma to New Orleans, La. Indiana, Iowa, Kentucky, Maryland, be held at Tampa, Fla. N o t e : Applicant states that the requested Massachusetts, Michigan, Minnesota, No. MC 123407 (Sub-No. 6 8 ), filed authority cannot be tacked with its ex­ Missouri, New Jersey, New York, Ohio, April 22, 1970. Applicant: SAWYER isting authority. If a hearing is deemed Pennsylvania, Rhode Island, Tennessee, TRANSPORT, INC., 2424 Minnehaha necessary, applicant requests it be held Virginia, West Virginia, and Wisconsin. Avenue, Minneapolis, Minn. 55404. Ap­ at New Orleans, La. N o t e : Applicant states that the requested plicant’s representative: Michael E. Mil­ No. MC 123430 (Sub-No. 4), filed authority cannot be tacked with its ler, 502 First National Bank Building, April 13, 1970. Applicant: BARRY existing authority. Applicant further Fargo, N. Dak. 58102. Authority sought to TRANSPORTS, INC., 4425 Southwest states that it seeks no duplicating rights operate as a common carrier, by motor Highway, Oak Lawn, 111. Applicant’s rep­ and is agreeable to any necessary coin­ vehicle, over irregular routes, transport­ resentative: Richard A. Kerwin, 33 North cidental cancellation or to a condition ing: Lumber and flooring, from the Dearborn Street, Chicago, 111. 60602. Au­ that any grant shall not be construed plantsite of Birmingham Forest Prod­ thority sought to operate as a common as conferring more than one operating ucts, Inc., at Cordova, Ala., to points in carrier,by motor vehicle, over irregular right. Applicant has contract authority Iowa and Nebraska. N o t e : Applicant routes, transporting: Animal and vege­ in MC 81968 and subs thereunder, there­ states that the requested authority can­ table oils and blends thereof, oil foots fore dual operations may be involved. not be tacked with its existing authority. and oil sediments and mono-, di-, and tri­ Common control may be involved. If a Applicant states no duplicating author­ glycerides in bulk, in tank vehicles, be­ hearing is deemed necessary, applicant ity is being sought. If a hearing is deemed tween the plantsite and storage facilities requests it be held at Chicago, 111., or necessary, applicant requests it be held of Glidden-Durkee, a Division of S.C.M. Washington, D.C. at Birmingham, Ala. Corp., located about 12 miles southwest No. MC 123294 (Sub-No. 18), filed No. MC 123407 (Sub-No. 69), filed of Joliet, Will County, 111., on the one April 9, 1970. Applicant: WARSAW April 22, 1970. Applicant: SAWYER hand, and, on the other, points in Wis­ TRUCKING CO., INC., 1102 West TRANSPORT, INC., 2424 Minnehaha consin, Illinois, Indiana, Michigan, Ohio, Winona Avenue, Warsaw, Ind. Appli­ Avenue, Minneapolis, Minn. 55404. Ap­ Kentucky, Pennsylvania, New York, Min­ cant’s representatives: Robert A. Sulli­ plicant’s representative: Alan Foss, 502 nesota, and Iowa. Note: Applicant states van and Martin J. Leavitt, 1800 Buhl First National Bank Building, Fargo, N. that the requested authority cannot be Building, Detroit, Mich. 48226. Authority Dak. 58102. Authority sought to operate tacked with its existing authority. If a sought to operate as a common carrier, as a common carrier, by motor vehicle, hearing is deemed necessary, applicant by motor vehicle, over irregular routes, over irregular routes, transporting: Pav­ requests it be held at Chicago, 111. transporting: Paper products, printed ing curing compounds, paving joints, and No. MC 123685 ' (Sub-No. 6 ), filed matter and materials, supplies, and joint compounds, except commodities in April 14, 1970. Applicant: PEOPLES equipment used in the printing business, bulk, from points in Kane County, 111., CARTAGE, INC., 8045 Navarre R o ad between the plant and warehouse sites to points in Upper Michigan, Wisconsin, SW., Massillon, Ohio 44646. Applicant’s of R. R. Donnelley & Sons at or near Minnesota, North Dakota, South Dakota, representative: James Muldoon, 50 W est Glasgow, Ky., on the one hand, and, on Iowa, Nebraska, Missouri, Arkansas, and Broad Street, Columbus, Ohio 43215. A u ­ the other, Chicago, Dwight, and Mat- Tennessee. N o t e : Applicant states that thority sought to operate as a common toon, 111.; Crawfordsville and Warsaw, the requested authority cannot be tacked carrier, by motor vehicle, over irreg u lar Ind.; and Willard, Ohio. N o t e : Applicant with its existing authority. If a hearing routes, transporting: Salt and salt prod­ states that the requested authority can­ is deemed necessary, applicant requests ucts; and products used in agriculture, not be tacked with its existing authority. it be held at Chicago, 111. water treatment, food processing, whole­ I f a hearing is deemed necessary, appli­ No. MC 123407 (Sub-No. 70), filed sale grocery, and institutional supply in~ cant requests it be held at Chicago, 111., April 23, 1970. Applicant: SAWYER dustries, when shipped in mixed ship­ or Detroit, Mich. TRANSPORT, INC., 2424 Minnehaha ments with salt and salt products; ( 1) No. MC 123383 (Sub-No. 46), filed Avenue, Minneapolis, Minn. 55404. Appli­ from St. Clair, Mich., to points in K e n ­ April 14, 1970. Applicant: BOYLE cant’s representative: Alan Foss, 502 tucky, Ohio, and West Virginia; and (2) BROTHERS, INC., 2036 South Fourth First National Bank Building, Fargo, N. from Akron, Ohio, to points in In dian a, Street, Camden, N.J. 08104. Applicant’s Dak. 58102. Authority sought to operate Kentucky, Ohio,' and West V irgin ia. representative: MortonE. Kiel, 140 Cedar as a common carrier, by motor vehicle, N o t e : Applicant states that the re­ Street, New York, N.Y. 10006. Authority over irregular routes, transporting: Fur­ quested authority can be tacked w ith its sought to operate as a common carrier, by ring, studding, lathing, and ribbing and existing authority but indicates th a t it motor vehicle, over irregular routes, accessories, materials, and supplies used has no present intention to tack and transporting: (1) Gypsum products, in the installation of furring, studding, therefore does not identify the poin ts or composition boards, insulating materials, lathing,. and ribbing (except lumber), territories which can be served through roofing and roofing materials, urethane from Chicago, 111., to points in Indiana, tacking. Persons interested in the tack­ and urethane products and related ma­ Ohio, Pennsylvania, New York, New ing possibilities are cautioned that fail" terials, supplies and accessories inci­ Jersey, Delaware, Maryland, Virginia, ure to oppose the application may resul dental thereto (except commodities in West Virginia, North Carolina, South in an unrestricted grant of authority. If bulk), from Edgewater and Carteret, N.J., Carolina, District of Columbia, and Okla­ a hearing is deemed necessary, applican t and Pittston, Pa., to points in Florida, homa. N o t e : Applicant states that the requests it be held at Columbus, O h io, o Minnesota, Iowa, Kansas, Missouri, Wis­ requested authority cannot be tacked Detroit, Mich. N consin, Virginia, Nebraska, North Caro­ with its existing authority. If a hearing No. MC 124673 (Sub-No. 8 ), filed lina, Maryland, Delaware, South Caro­ is deemed necessary, applicant requests April 16,1970. Applicant: FEED TRANS­ lina, and Georgia; and (2) building, roof­ it be held at Chicago, 111. PORTS, INC., Route 2, Box 76A 4, Post ing, and insulating materials, from No. MC 123407 (Sub-No. 71), filed Office Box 2167, Amarillo, Tex. 79100- Jamesburg, N.J., to points in Alabama, April 23, 1970. Applicant: SAWYER Applicant’s representative: Austin Arkansas, Illinois, Indiana, Kentucky, TRANSPORT, INC., 2424 Minnehaha Hatchell, 1102 Perry Brooks Building, Louisiana, Michigan, Mississippi, Ohio, Avenue, Minneapolis, Minn. 55404. Appli­ Austin, Tex. 78701. Authority sought to Tennessee, West Virginia, Minnesota, cant’s respresentative: Alan Foss, 502 operate as a common carrier, by motor Iowa, Kansas, Missouri, Wisconsin, Vir­ First National Bank Building, Fargo, N. vehicle, over irregular routes, transpor - ginia, North Carolina, South Carolina, Dak. 58102. Authority sought to operate ing: Dry livestock feedstuff, in bulk, o ■ tween points in Texas on and north o Georgia, Maryland, Delaware, Nebraska, as a common carrier, by motor vehicle,

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 NOTICES 7535

U.S. Highway 80 and/or Interstate High­ kiakum Counties, Wash., restricted to DEPALMA, INC., 1700 Orthodox Street, way 10, and on and west of U.S, High­ shipments having a prior or subsequent Philadelphia, Pa. 19124. Applicant’s rep­ way 183, points in Colorado, and those in movement by air. N ote : Applicant states resentative: Robert B. Einhom, 12 South New Mexico on and east of U.S. High­ that it presently has authority between 12th Street, 1540 PSFS Building, Phila­ way 85. N o t e : Applicant states that it points in King, Pierce, Snohomish, Ska­ delphia, Pa. 19i07. Authority sought to proposes to tack for authority herein git, Kitsap, Thurston, and Mason Coun­ operate as a common carrier, by motor sought with its existing authority under ties. Applicant states that the requested vehicle, over irregular routes, transport­ MC 124673 Sub 5 so as to perform authority cannot be tacked with its ing: Alloys, refractories, ores, fluorspar through service from points in Colorado existing authority. I f a hearing is deemed briquettes, ground limestone, and weld­ to points in Texas, New Mexico, and necessary, applicant requests it be held ing compounds, from Wilmington, Del., Oklahoma, by tacking through Prowers at Seattle, Wash. to points in Connecticut, Rhode Island, County, Colo.; also, to tack with its MC No. MC 125102 (Sub-No. 9), filed April Massachusetts, New Hampshire, New 124673 rendering through service beitween 14, 1970. Applicant: LEONARD DELUE, York, New Jersey, Ohio, Pennsylvania, points in Oklahoma and Kansas presently D. J. SEBERN, T. W. RINKER, E. L. Maryland, Delaware, Virginia, West authorized to be served by tacking in DELUE, AND TED P. RINKER, a part­ Virginia, and the District of Columbia. Texas; and between points in Texas nership, doing business as ARMORED N ote : Applicant states that the requested sought herein and points in Oklahoma MOTORS SERVICE, 970 Yuma Street, authority cannot be tacked with its exist­ and Kansas presently authorized to be Denver, Colo. 80204. Applicant’s repre­ ing authority. I f a hearing is deemed nec­ served by tackiihg at common Texas sentative: Herbert M. Boyle, 946 Metro­ essary, applicant requests it be held at points. If a hearing is deemed necessary, politan Building, Denver, Colo. 80202. Au­ Philadelphia, Pa., or Washington, D.C. applicant requests it be held at Amarillo, thority sought to operate as a contract No. MC 127144 (Sub-No. 1), filed April Lubbock, or Fort Worth, Tex. carrier, by motor vehicle, over irregular 3, 1970. Applicant: FT. WASHINGTON No. MC 124679 (Sub-No. 33), filed routes, transporting: Coins; (1) between DEVELOPMENT CORP., 437 Pennsyl­ April 16, 1970. Applicant: C. R. ENG­ Denver, Colo., and West Point, N.Y.; and vania Avenue, Fort Washington, Pa. LAND & SONS, INC., 228 West Fifth (2) between Denver, Colo., and West 19034. Applicant’s representative: G. South, Salt Lake City, Utah 84101. Ap­ Point, N.Y., on the one hand, and, on the Donald Bullock, 128 Greenwood Avenue, plicant’s representative: Daniel B. John­ other, Richmond, Va., Charlotte, N.C., Wyncote, Pa. 19095. Authority sought to son, 716 Perpetual Building, 1111 E Street Atlanta, Ga., Birmingham, Ala., Jack­ operate as a contract carrier, by motor NW., Washington, D.C. 20004. Authority sonville, Fla., Fort Knox, K y„ and Nash­ vehicle, over irregular routes, transport­ sought to operate as a common carrier, ville and Memphis, Tenn., under con­ ing: Concrete conduit and parts therefor, by motor vehicle, over irregular routes, tract with Treasury Department, Bu­ from Dallas, N.C., and Bethel, Pa., to transporting: (1) Bakery products and reau of the Mint. N o t e : If a hearing is points in Connecticut, Delaware, District ingredients, frozen and unfrozen, from deemed necessary, applicant requests it of Columbia, Georgia, Maine, Maryland, San Leandro, Calif., to points in Oregon, be held at Denver, Colo., or Washington, Massachusetts, New Hampshire, New Washington, Idaho, and Utah; and (2) D.C. Jersey, New York, North Carolina, Penn­ food dressings, from Oakland, Calif., to No. MC 125403 (Sub-No. 6 ), filed April sylvania, Rhode Island, South Carolina, points in Oregon, Washington, Idaho, 13,1970. Applicant: S.T.L. TRANSPORT, Vermont, and Virginia, under contract and Utah. Restriction: Restricted to INC., 1000 Jefferson Road, Post Office with Nordix Corp. of Pennsylvania. traffic moving in vehicles equipped with Box 9776, Rochester, N.Y. 14623. Appli­ N o t e : I f a hearing is deemed necessary, mechanical refrigeration. N o t e : Appli­ cant’s representative: Raymond A. Rich­ applicant requests it be held at Phila­ cant states that -no joinder or tacking ards, 23 West Main Street, Webster, N.Y. delphia, Pa. is possible with authority now held or 14580. Authority sought to operate as a No. MC 127626 (Sub-No. 1), filed with that in pending applications. Appli­ common carrier, by motor vehicle, over March 10, 1970. Applicant: CIRCLE “A ” cant has contract carrier authority in irregular routes, transporting: Canned CONSTRUCTION, INC., Post Office Box MC 128813 and subs thereunder, there­ preserved foodstuffs (except coldpack or 318, Jerome, Idaho 83338. Applicant’s fore, dual operations may be involved. frozen or in bulk), from the plantsite representative: H. N. Jewell, 214 Sho­ If a hearing is deemed necessary, appli­ and storage facilities of Comstock- shone Street East, Twin Falls, Idaho cant requests it be held at San Francisco, Greenwood Foods, Borden, Inc., at Penn 83338. Authority sought to operate as a Calif. Yan, Rushville, Syracuse, and Waterloo, contract carrier, by motor vehicle, over No. MC 124688 (Sub-No. 9), filed N.Y., to points in Connecticut, Maine, irregular routes, transporting: Baler March 13, 1970. Applicant: INDEPEND­ Massachusetts, New Hampshire, Rhode twine, from Portland, Oreg., and Seattle, ENT DELIVERY, INC., 1000 South Island, and Vermont. N o t e : Applicant Wash., to points in Idaho, Nevada, Weller Street, Seattle, Wash. 98104. Ap­ states that the requested authority can­ Montana, and.Utah, under contract with plicant's representatives: George Kargi- not be tacked with its existing authority. Schermerhom Brothers, Inc. N ote : I f a anis, Twenty-first Floor, Pacific Build­ I f a hearing is deemed necessary, appli­ hearing is deemed necessary, applicant ing, Seattle, Wash., 98104, also James cant requests it be held at Rochester, requests it be held at Boise, Idaho. Anderson, 500 Third and Lenora Build­ N.Y. No. MC 127689 (Sub-No. 39), filed ing, Seattle, Wash. Authority sought to No. MC 125543 (Sub-No. 4), filed April April 10,1970. Applicant: PASCAGOULA operate as a common carrier, by motor 21, 1970. Applicant: PERISHABLE DRAYAGE COMPANY, INC., 701 East vehicle, over irregular routes, transport­ SERVICE, INC., 770 North Springdale Pine Street, Post Office Box 987, Hatties­ ing: General commodities (except those Road, Waukesha, Wis. 53186. Applicant’s burg, Miss. 39401. Applicant’s represent­ of unusual value, classes A and B explo­ representative: Carl L. Steiner, 39 South ative: H. E. West (same address as sives, household goods as defined by the La Salle Street, Chicago, HI. 60603. Au­ applicant). Authority sought to operate Commission, commodities in bulk, com­ thority sought to operate as a contract as a common carrier, by motor vehicle, modities requiring special equipment, and carrier, by motor vehicle, over irregular over irregular routes, transporting: Bot­ those injurious or contaminating to routes, transporting: Such merchandise tles, carboys, demijohns or jars, closures other lading); between airports in King, as is dealt in by wholesale or retail food for same and corrugated cartons for fhevce, Snohomish, Skagit, Kitsap, business houses, between Waukesha, same, from the plantsite and warehouses ihurston and Mason, Whatcom, Clal- Wis., on the one hand, and, on the other, of Brockway Glass Co., Inc., at Mont­ p ,-.Jeffers Grays Harbor, Pacific, points in Cook, Du Page, and Kane gomery, Ala., to points in Arkansas, owhtz, Lewis, Clark, Island, San Juan, Counties, HI., restricted to a transporta­ Louisiana, Mississippi, Oklahoma, and «Kamama, and Wahkiakum Counties, tion service to be performed under a con­ Tennessee. N o t e : Applicant states that wash., on the one hand, and, on the tinuing contract or contracts with Mil­ the requested authority cannot be tacked her points in King, Pierce, Snohomish, waukee Cheese Co. N o t e : I f a hearing with its existing authority. If a hearing osagit, Kitsap, Thurston and Mason, is deemed'necessary, applicant requests is deemed necessary, applicant requests hatcom, Clallam, Jefferson, Grays it be held at Chicago, 111. it be held at Montgomery, Ala. Harbor, Pacific, Cowlitz, Lewis, Clark, No. MC 127030 (Sub-No. 1), filed April No. MC 128047 (Sub-No. 1), filed ^and, San Juan, Skamania, and Wah­ 20, 1970. Applicant: MATTHEW J. April 20, 1970. Applicant: CLARK R.

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 7536 NOTICES

INGRAM, Rural Delivery No. 1, Weed- 249, Crete, Nebr. 68333. Applicant’s rep­ Florida, Georgia, South Carolina, North ville, Pa. 15868. Applicant’s representa­ resentative: Richard A. Peterson, 521 Carolina, Virginia, West Virginia, Ohio, tive: Arthur J. Diskin, 806 Prick Build­ South 14th Street, Post Office Box 806, New York, Maine, Vermont, New Hamp­ ing, Pittsburgh, Pa* 15219. Authority Lincoln, Nebr. 68501. Authority sought to shire, Massachusetts, Rhode Island, Con­ sought to operate as a common carrier, operate as a contract carrier, by motor necticut, New Jersey, Delaware, Mary­ by motor vehicle, over irregular routes, vehicle, over irregular routes, transport­ land, District of Columbia, Oklahoma, transporting: Coal, from points in Clear­ ing: Exhaust pipe, exhaust pots, muf­ Kansas, and Texas; (3) electrical trans­ field and Elk Counties, Pa., to points in flers, tail pipes, suspension parts, steer­ formers,. from Mendenhall, Miss.; Chi­ Erie, Chautauqua, and Niagara Counties, ing gear, fifth wheel and plates, cam cago, Danville, and Bellwood, 111.; and N.Y. N o t e : If a hearing is deemed neces­ shaft, axle parts, wheel clamps, rim at­ Paterson, N.J., to Philadelphia, Pa.; and, sary, applicant requests it be held at tachments, brake linings; brake shoes, (4) plastic sheets and extrusions, from Pittsburgh, Pa., or Washington, D.C. brake equipment, shock absorbers, and Sheffield, Mass., and Columbia, S.C., to No. MC 128273 (Sub-No. 67), filed related fittings, parts, tools, materials, Philadelphia, Pa., under contract with April 16, 1970. Applicant: MIDWEST­ accessories, and advertising matter and Keystone Lighting Corp. N o t e : If a hear­ ERN EXPRESS, INC., Box 189, Port displays, for the account of Maremont ing is deemed necessary, applicant re­ Scott, Kans. 6670i. Applicant’s repre­ Corp., from Loudon, Pulaski, and Nash­ quests it be held at Philadelphia, Pa. sentative: Danny Ellis (same address as ville, Tenn., to Duluth, Minn., and points No. MC 129719 (Sub-No/ 1), filed above). Authority sought to operate as in Alabama, Connecticut, Delaware, April 15, 1970. Applicant: BURRELL a common carrier, by motor vehicle, over Florida, Georgia, Kentucky, Maine, TRUCKING, INC., 1 Fifth Street, New irregular routes, transporting: ( 1 ) Maryland, Massachusetts, New Hamp­ Kensington, Pa. 15068. Applicant’s rep­ Paper and paper products; products pro­ shire, New Jersey, New York, North resentative: Arthur J. Diskin, 806 Frick duced or distributed by manufacturers Carolina, Ohio, Pennsylvania, Rhode Is­ Building, Pittsburgh, Pa. 15219. Author­ and converters of paper and paper prod­ land, South Carolina, Vermont, Virginia, ity sought to operate as a contract car­ ucts; (except commodities in bulk), West Virginia, and the District of Colum­ rier, by motor vehicle, over irregular from points in Talladega County, Ala., bia; and equipment, materials and sup­ routes, transporting: Salt, from the fa­ to points in the District of Columbia, plies used in the manufacture of automo­ cilities of Standard Terminals, Inc., in Florida, Illinois, Indiana, Iowa, Ken­ tive parts- and equipment, for the ac­ Springhill Township (Fayette County), tucky, Maryland, Ohio, Tennessee, Vir­ count of Maremont Corp., from points in Pa., to points in Ohio, West Virginia, ginia, and West Virginia; and (2) California, Connecticut, Illinois, In ­ Maryland, Virginia, and the District of materials and supplies used in the manu­ diana, Iowa, Kansas, Kentucky, Maine, Columbia, under contract with Stand­ facture and distribution of the above- Michigan, Minnesota, Missouri, New Jer­ ard Terminals, Inc. N o t e : I f a hearing described commodities (except commodi­ sey, New Mexico, New York, North Caro­ is deemed necessary, applicant requests ties in bulk), and returned and rejected lina, Ohio, Pennsylvania, Rhode Island, it be held at Washington, D.C., or Pitts­ shipments, from the destination points in Texas, Vermont, and West Virginia, to burgh, Pa. (1) above, to points in Talladega County, Loudon, Pulaski, and Nashville, Tenn., No. MC 129744 (Sub-No. 2), filed Ala. N o t e : Applicant states that the and Paulding, Ohio. N o t e : I f a hearing April 2, 1970. Applicant: ENSMINGER requested authority cannot be tacked is deemed necessary, applicant requests MOTOR LINES, INC., 112 Kansas Ave­ with its existing authority. Applicant has it be held at Lincoln or Omaha, Nebr. nue, Frankfort, 111. 60423. Applicant’s contract carrier authority in MC 133791, No. MC 129253 (Sub-No. 5), filed representative: Robert H. Levy, 29 South therefore dual operations may be April 16,1970. Applicant: P & H TRUCK­ La Salle Street, Chicago, 111. 60603. Au­ involved. If a hearing is deemed neces­ ING COMPANY, a corporation, 184 West thority sought to operate as a common sary, applicant requests it be held at 3300 South, Salt Lake City, Utah 84115. carrier, by motor vehicle, over irregular Chicago, 111., or Washington, D.C. Applicant’s representative: Irene Warr, routes, transporting: (1) Plastic prod­ No. MC 128273 (Sub-No. 6 8 ), filed Suite 419, Judge Building, Salt Lake ucts (except in bulk), between points in April 16, 1970. Applicant: MIDWEST­ City, Utah 84111. Authority sought to op­ W ill County, 111., on the one hand, and, ERN EXPRESS, INC., Box 189, Port erate as a contract carrier, by motor on the other, points in Iowa, Kentucky, Scott, Kans. 66701. Applicant’s repre­ vehicle, over irregular routes, transport­ Tennessee, Minnesota, Missouri, a n d New sentative: Danny Ellis (same address as ing: Sheet steel, fiberglass insulation, York; and Omaha, Nebr.; and K ansas above). Authority sought to operate as controls, and flue tubing used in the City, Kans.; and (2) machinery, ma­ a common carrier, by motor vehicle, over manufacture of water heaters; scrap chinery parts and returned, damaged, or irregular routes, transporting: (1) Paper iron, cast iron burners, water heaters, rejected shipments of machinery or ma­ and paper products, products produced crates, and cartons, between points in chinery parts, between points in W ill or distributed by manufacturers and Utah, California, Arizona, Colorado, County, 111., on the one hand, and, on the converters of paper and paper products; Montana, Nevada, Oregon, Texas, New other, points in Indiana, Iowa, Kentucky, and ( 2 ) materials and supplies used in Mexico, and Wyoming, under a continu­ Michigan, Minnesota, Missouri, Ohio, the manufacture and distribution of the ing contract with State Stove Manufac­ Wisconsin, Pennsylvania, and New York; foregoing commodities (except commodi­ turing Co., Inc. N o t e : I f a hearing is and Omaha, Nebr., and Kansas City, ties which, because of size or weight, deemed necessary, applicant requests it Kans. N o t e : Applicant states that the require the use of special equipment and be held at Salt Lake City, Utah. requested authority cannot be tacked commodities in bulk); (a ) Between No. MC 129526 (Sub-No. 2), filed with its existing authority. If a h ea rin g is Memphis, Tenn., on the one hand, and, April 6, 1970. Applicant: FACTOR deemed necessary, applicant requests it on the other, points in Arkansas, Colo­ TRUCK SERVICE, INC., 1065 Alcott be held at Chicago, 111. rado, Illinois, Indiana, Iowa, Kansas, Street, Philadelphia, Pa. 19149. Appli­ No. MC 133093 (Sub-No. 1), filed Kentucky, Louisiana, Mississippi, Mis­ cant’s representative: Robert B. Ein- April 14, 1970. Applicant: CLIFFORD souri, Nebraska, New Mexico, Ohio, Okla­ horn, 1540 P.S.F.S. Building, 12 South JONES, doing business as JONES homa, and Texas; and (b) Between 12th Street, Philadelphia, Pa. 19107. Au­ TRUCK LINES, 2010 McNutt Road, Conway, Ark., on the one hand, and, on thority sought to operate as a contract Sunland Park, N. Mex. 88063. Applicant’s the other, points in California, Connecti­ carrier, by motor vehicle, over irregular representative: M. Ward Bailey, 2412 cut, New York, North Carolina, South routes, transporting: (1) Fluorescent Continental Life Building, Fort Worth, Carolina, Tennessee, and Wisconsin. lighting fixtures, from the plantsite of Tex. 76102. Authority sought to operate N o t e : Applicant is also authorized to Keystone Lighting Corp. at Bristol, Pa., as a contract carrier, by motor vehicle, operate as a contract carrier under MC to points in Oklahoma, Kansas, and over irregular routes, transporting: Meat 133791, therefore, dual operations may Texas; (2) fluorescent lighting fixtures, and meat products, including canned be involved. If a hearing is deemed nec­ from the plantsite of Quaker City animal foods; (1) from Laredo and El essary, applicant requests it be held at Electric Co. at Philadelphia, Pa., to Paso, Tex., to points in Texas, New Chicago, 111. points in Minnesota, Nebraska, Iowa, Mexico, Arizona, California, Nevada, No. MC 128375 (Sub-No. 40), filed Missouri, Arkansas, Louisiana, Missis­ Oregon, Washington, Colorado, Louisi­ April 16, 1970. Applicant: CRETE CAR­ sippi, Tennessee, Kentucky, Illinois, Wis­ ana, Mississippi, Alabama, Georgia. RIER CORPORATION, Post Office Box consin, Michigan, Indiana, Alabama, Oklahoma, Arkansas, Tennessee, a*1“

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 NOTICES 7537

Kentucky, and from all points in the from Denison, Iowa, to points in Ala­ not be tacked with its existing authority. aforementioned States to El Paso, Laredo, bama, Florida, Georgia, Mississippi, I f a hearing is deemed necessary, ap­ and Brownsville, Tex., under contract North Carolina, South Carolina, and plicant requests it be held at New with International Meat & Pood Products Tennessee. Note: Applicant states that York, N.Y. Co., Dallas, Tex.; and (2) from Los An­ the requested authority cannot be tacked No. MC 134113 (Sub-No. 3), filed geles, Calif., on the one hand, and, on with its existing authority. I f a hearing April 2, 1970. Applicant: HI-BALL the other, points in Texas, Oklahoma, is deemed necessary, applicant requests TRUCKING, INC., Post Office Box 1117, Arkansas, and Louisiana under contract it be held at Sioux City, Iowa, Omaha, Billings, Mont. 59103. Applicant’s repre­ with Kal-Kan Poods, Inc., Los Angeles, Nebr., or Minneapolis, Minn. sentative: Jerome Anderson, Post Office Calif. N ote : I f a hearing is deemed No. MC 133656 (Sub-No. 1), filed Box 1215, Billings, Mont. 59103. Authority necessary, applicant requests it be held April 10, 1970. Applicant: REA BROTH­ sought to operate as a common carrier, by at Washington, D.C., or Dallas, Tex. ERS LIMITED, a corporation, 2810 motor vehicle, over irregular routes, No. MC 133146 (Sub-No. 2), filed Tannery Street, Streetsville, Ontario, transporting: Iron and steel and iron and April 15, 1970. Applicant: INTERNA­ Canada. Applicant’s representative: steel articles, between points in Utah TIONAL TRANSPORTATION SERV- Robert D. Gunderman, 43 Niagara County, Utah, on the one hand, and, on ICE, INC., 3092 Piedmont NE., Atlanta, Street, Buffalo, N.Y. 14202. Authority the other, points in Idaho and Montana. Ga. 30305. Applicant’s representative: sought to operate as a common car­ Note : Common control may be involved. Leonard R. Kofkin, 39 South La Salle rier, by motor vehicle, over irregular Applicant states no duplicate authority Street, Chicago, HI. 60603. Authority routes, transporting: Building brick is being sought. It further states it in­ sought to operate as a contract carrier, and tile, between ports of entry on tends to tack the authority requested by motor vehicle, over irregular routes, the United States-Canada international herein to any appropriate authorization transporting: Inedible waste foodstuffs, boundary line in New York and Mich­ which applicant now holds or may obtain and inedible meal, between points in Ala­ igan and points in Indiana, Illinois, in the future. An example of such tack­ bama, Arkansas, Colorado, Connecticut,. Kentucky, Michigan, New York, Ohio, ing possibility would be the ability of Delaware, Florida, Georgia, Illinois, Indi­ and Pennsylvania. Note: Applicant applicant to tack the requested authority ana, Iowa, Kansas, Kentucky, Louisiana, states that the requested authority caii- at points in Idaho and Montana to per­ Maine, Maryland, Massachusetts, Michi­ not be tacked with its existing authority. form a through service. I f a hearing is gan, Minnesota, Mississippi, Missouri, I f a hearing is deemed necessary, appli­ deemed necessary, applicant requests it Nebraska, New Hampshire, New Jersey, cant requests it be held at Buffalo, N.Y. be held at Billings, Mont. New York, North Carolina, North Dakota, No. MC 133761 (Sub-No. 6 ), filed No. MC 134480 (Sub-No. 1), filed Ohio, Oklahoma, Pennsylvania, Rhode April 16, 1970. Applicant: GEORGE A. March 30, 1970. Applicant: WILLIAM Island, South Carolina, South Dakota, LABAGH, 713 North Street, Middletown, FIORE, doing business as FIORE Tennessee, Texas, Vermont, Virginia, N.Y. 10940. Applicant’s representative: TRUCKING & CONTRACTING, Post West Virginia, Wisconsin, and the Dis­ Arthur J. Piken, 160-16 Jamaica Avenue, Office Box 119, Clairton, Pa. 15025. Appli­ trict of Columbia. Restriction: The oper­ Jamaica, N.Y. 11432. Authority sought to cant’s representative: Jacob P. Billig, ations authorized herein are limited to operate as a contract carrier, by motor 1108 16th Street NW., Washington, D.C. the transportation service to be per­ vehicle, over irregular routes, transport­ 20036. Authority sought to operate as a formed, under a continuing contract, or ing: Trailers, other than those designed common carrier, by motor-vehicle, over contracts with International Bakerage, to be drawn by passenger automobiles, irregular routes, transporting: Meats, Division of International Consolidated, containers, truck chassis, trailer chassis, meat products, packinghouse products, Inc. Note: I f a hearing is deemed neces­ and trailer parts, between Middletown and articles distributed by meat packing­ sary, applicant requests it be held at and the town of Wallkill, N.Y., and points houses as set forth in sections A and C, Atlanta, Ga. in Maine, New Hampshire, Vermont, Descriptions in Motor Carrier Certifi­ No. MC 133360 (Sub-No. 2), filed Massachusetts, Rhode Island, Connecti­ cates, 61 M.C.C. 209 and 766, and food­ April 20, 1970. Applicant: UNION cut, New York, New Jersey, Pennsylvania, stuffs in mixed shipments with meat and TRACTOR COMPANY, INC., Post Office Delaware, Maryland, Virginia, North meat products as described above; ( 1) Box 1426, Havre, Mont. 595Ù1. Appli­ Carolina, South Carolina, Georgia, Flor­ from Pittsburgh, Pa., to Elizabeth, Pa.; cant’s representative: George Robert ida, Alabama, Mississippi, Louisiana, and (2) from Elizabeth, Pa., to points in Crotty, Jr., 333 Great Falls National Tennessee, Kentucky, West Virginia, Lawrence, Butler, Armstrong, Clarion, Bank Building, Great Palls, Mont. 59401. Ohio, Indiana, Illinois, Michigan, Wis­ Jefferson, Beaver, Allegheny, Washing­ Authority sought to operate as a contract consin, Minnesota, Texas, Kansas, Mis­ ton, Greene, Fayette, Westmoreland, carrier, by motor vehicle, over irregular souri, and the District of Columbia, un­ Indiana, Somerset, Cambria, and Blair routes, transporting: Repair, mainte­ der a continuing contract with Strick Counties, Pa.; Preston, Marion, Monon­ nance, and replacement parts and equip­ Corp. of Fairless Hills, Pa. Note: No galia, Wetzel, Marshall, Ohio, Brooke, ment for construction and agricultural duplicating authority is sought. I f a and Hancock Counties, W. Va.; and machinery, from Oakland, Calif.; Min- hearing is deemed necessary, applicant Monroe, Belmont, Jefferson, Columbiana, nequa, Colo., to the port of entry located requests it be held at New York, N.Y. Mahoning, and Trumbull Counties, Ohio. °h ^ e. international boundary between No. MC 133796 (Sub-No. 2), filed Note: Applicant states that it does not the United States and Canada at or near March 11, 1970. Applicant: GEORGE intend to tack. I f a hearing is deemed Sweet Grass, Mont., under contract with APPEL, 249 Caryerton Road, Trucksville, necessary, applicant requests it be held Union Tractor, Ltd. Note: Applicant Pa. 18708. Applicant’s representative: at Washington, D.C. states it would tack with its existing Kenneth R. Davis, 999 Union Street, No. MC 134082 (Sub-No. 1), filed authority at Oakland, Calif. I f a hearing Taylor, Pa. 18517. Authority sought to April 10, 1970. Applicant: K. H. TRANS­ js deemed necessary, applicant requests operate as a common carrier, by motor PORT, INC., R.F.D. No. 2, Ellicott City, it be held at Great Palls, Helena, or vehicle, over irregular routes, transport­ Md. 21043. Applicant’s representative: Havre, Mont. ing: Custom enclosures and related Chester A. Zyblut, 1522 K Street NW., No. M e 133574 (Sub-No. 4 ), filed metal trim used in connection with Suite 634, Washington, D.C. 20005. Au­ ¡Munch 13, 1970. Applicant: TERRILL heating, ventilation, and air conditioning thority sought to operate as a common TOUCHING COMPANY, a corporation, installations, from the plantsite of the carrier, by motor vehicle, over irregular ÎXÎooGeneseo street. Storm Lake, Iowa Brandt Corp., Long Island City, N.Y., routes, transporting: (A )(1 ) Foodstuffs, 0U588. Authority sought to operate as a to San Francisco and Los Angeles, Calif., and ingredients, materials, supplies, ommon carrier, by motor vehicle, over Richland and Seattle, Wash.; Milwaukee, equipment, and machinery used in the irregular routes, transporting: Meat, Wis.; Little Rock, Ark.; Cleveland, Ohio; processing and manufacture of food­ meat products, and meat byproducts as and Pittsburgh, Pa. Note: Applicant stuffs; (2) canned pet food; and. (3) com­ described in section A of appendix I to holds contract carrier authority under modities the transportation of which is tne report in Descriptions in Motor Car­ Docket No. MC 129239, therefore, dual partially exempt from regulation under eer Certificates, 61 M.C.C. 209 and 766 operatiofis may be involved. Applicant the provisions of section 203(b) ( 6 ) of the iexcept hides and commodities in bulk), states that the requested authority can­ Interstate Commerce Act, when moving

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 No. 9- -7 7538 NOTICES in the same vehicle and at the same time Michigan, to points in the United States dressed, pallets, wood chips, between the with the commodities described in ( 1) (except Alaska and Hawaii), and return international boundary line between the above, between Milford, Bridgeville, shipments of frozen foods, potatoes, and United States and Canada located on the Clayton, Georgetown, Wilmington, Mil- farm and industrial machinery, attach­ Niagara River and St. Lawrence River on ton, and Houston, Del.; Whiteford, Snow ments, and parts on return, restricted to the one hand, and, on the other, points Hill, Hurlock, Cambridge, Salisbury, traffic originating in the Province of New in New York and Pennsylvania, on and Pocomoke City, Chestertown, Ridgely, Brunswick, Canada; and (2) general west of U.S. Highway 11, and points in Baltimore, Goldsboro, and Trappe, Md.; commodities (except those of unusual Ohio, north and east of U.S. Highways Parksley, Va.; Centre Hall, Bloomsburg, value, classes A and B explosives, house­ 30 and 250. N o t e : If a hearing is deem ed York, Hanover, Lancaster, and Down- hold goods, commodities in bulk and necessary, applicant requests it be held ingtown, Pa.; Bridgeton, Swedesboro, those requiring specialized handling), at Buffalo, N.Y. Woodstown, Camden, Moorestown, and between ports of entry on the United No. MC 134438 (Correction), filed Glassboro, N.J.; Sumter, S.C.; and Wash­ States-Canada international boundary March 19, 1970, published in the F ederal ington, D.C.; and (B )(1 ) specialty hard­ line, located in Maine, on the one hand, R egister issue of April 23, 1970, and re­ ware for furniture, from the plantsite of and, on the other, Mars Hill, Vanceboro, published in part, as corrected, this issue. Hardware for Furniture, Inc., at Balti­ Bridgewater, Madawaska, Houlton, Fort Applicant: B ILLY N. JAMES, doing busi­ more, Md., and Genessee, Pa., to Atlanta, Fairfield, Presque Isle, Calais, Van Buren, ness as JAMES TRUCK LINE, Route 2, Ga.; Birmingham, Ala.; Chicago, 111.; and Fort Kent, Maine, limited to traffic Charleston, Miss. 38921. Applicant’s Florence, Ky.; Kansas City, Kans.; Dal­ moving in foreign commerce, restricted representative: Harold D. Miller, Jr., 700 las and Houston, Tex.; Los Angeles, to traffic having a prior or subsequent Petroleum Building, Post Office Box Calif.; Richmond, Va.; Walls, Miss.; and- movement by rail or motor carrier. N ote : 22567, Jackson, Miss. 39205. N o t e : The Memphis, Tenn.; and (2) from the plant- Applicant states it does not intend to purpose of this partial republication is to site of Hardware for Furniture, Inc., at tack. If a hearing is deemed necessary, redescribe the route set forth in Item Baltimore, Md., to New York, N.Y., re­ applicant requests it be held at Portland, (4) a portion of which was inadvertently stricted to traffic originating at and Maine, or Boston, Mass. omitted in the previous publication destined to the aforementioned points No. MC 134340 (Sub-No. 1) (Amend­ * * *. (4) between Oxberry, Miss., and named above. N o t e : Applicant states ment) , filed February 24, 1970, published Greenwood, Miss., from Oxberry over that the requested authority cannot be in the F ederal R egister issue of Mississippi Highway 8 to Holcomb, tacked with its existing authority. The March 26, 1970, and republished as thence over Mississippi Highway 7 to purpose of this application is ( 1) to con­ amended this issue. Applicant: ROBERT Greenwood, and return over the same vert applicant’s existing contract car­ H. PARSONS, doing business as ROB­ route, serving all intermediate points; rier permit MC 128763 Subs 2 and 4, to ERT PARSONS TRUCKING, 1500 * * *. The rest of the application re­ that of a common carrier certificate; ( 2 ) . Adams Avenue, Oshkosh, Wis. 54901. mains as previously published. to add the points of Lancaster and Han­ Applicant’s representative: William C. No. MC 134464, filed March 30, 1970. over, Pa., and Washington, D.C., as serv­ Dineen, 710 North Plankinton Avenue, Applicant: LITTLE CHIEF B-LINE ice points in .part (A ) of the application; Milwaukee, Wis. 53203. Authority sought EXPRESS, LTD., 3839 Ogden Road SE., and (3) to broaden part (B )(1 ) of the to operate as a contract carrier, by motor Calgary, Alberta, Canada. Applicant’s application by including Richmond, Va., vehicle, over irregular routes, transport­ representative: N. H. Clauson (same Walls, Miss., and Memphis, Tenn., as ing : Corrugated boxes, builtup assembled address as applicant). Authority sought destination points. If a hearing is deemed box parts, corrugated logs or rolls, pal­ to operate as a contract carrier, by motor necessary, applicant does not specify a lets, and rolls of pulpboard, between the vehicle, over irregular routes, transport­ location. plantsite and warehouse facilities of ing: Bananas, in refrigerated trailer No. MC 134205 (Sub-No. 2), filed Georgia-Pacific Corp. at Oshkosh, Wis., vans, between the port o f entry on the April 20, 1970. Applicant: MICHAEL A. on the one hand, and, on the other, points international boundary line between the JACKSON, doing business as M I­ in Illinois, Iowa, Michigan, and Minne­ United States and Canada at Sumas, CHAEL’S TRUCKING CO., 11227 East sota, under a continuing contract or Wash., on the one hand, and, on the 14th Street, Independence, Mo. 64052. contracts with Georgia-Pacific Corp. other, points in Washington, under con­ Authority sought to operate as a contract N o t e : The purpose of this republication tract with Macdonalds Consolidated Ltd., carrier, by motor vehicle, over irregular is to reflect a change in the scope of the and Bridge Brand Produce Co., Ltd. routes, transporting: Pelletized grain application to show that radial opera­ N o t e : If a hearing is deemed necessary, screenings products, from La Moure, N. tions are proposed. If a hearing is deemed applicant does not specify a location. Dak., to points in Alabama, Arkansas, necessary, applicant requests it be held No. MC 134511, filed April 3, 1970. A p ­ Colorado, Florida, Georgia, Iowa, Kan­ at Milwaukee or Madison, Wis. plicant: BEASLEY TRANSPORT, INC., sas, Louisiana, Mississippi, Missouri, No. MC 134418, filed March 12, 1970. Coldrain, N.C. 27924. Applicant’s repre­ Montana, Nebraska, Oklahoma, South Applicant: DEAN H. PETERSEN & SON, sentative: W. L. Cooke, South King Carolina, Texas, Wyoming, Illinois, In­ INC., 367 Garden Street, Bennet, Nebr. Street, Windsor, N.C. 27983. Authority diana, Kentucky, Tennessee, Wisconsin, 68317. Applicant’s representative: Edwin sought to operate as a contract carrier, Nevada, New Mexico, Arizona, Utah, C. Perry, 615 Lincoln Building, Lincoln, by motor vehicle, over irregular routes, Idaho, Washington, Oregon, and Cali­ Nebr. 68508. Authority sought to operate transporting: Petroleum, and petroleum fornia, under contract with Leo Froelich as a common carrier, by motor vehicle, products, in liquid, in bulk in tank trucks, Feed & Pellet Co., at La Moure, N. Dak. over irregular routes, transporting: which includes gasoline, kerosene, fuel N o t e : If a hearing is deemed necessary, Dairy products in bulk, between points in oil, liquefied petroleum gas, toluene, applicant requests it be held at Fargo, N. Nebraska on the one hand, and, on the toluol, xylene, xylol, and other petroleum Dak., or Kansas City, Mo. other, points in Kansas, Missouri, Iowa, products in bulk, in tank trucks, from No. MC 134272 (Sub-No. 3), filed Minnesota, and Colorado. N o t e : I f a Williamston, N.C., to points in Ahoskie, April 16, 1970. Applicant: DAY & ROSS, hearing is deemed necessary, applicant Winton, Windsor, and Colerain in LTD., Hartland, New Brunswick, Canada. requests it be held at Omaha or Lincoln, Martin, Hertford, and Bertie Counties, Applicant’s representative: Francis E. Nebr. N.C. and from Norfolk, Va., to term inals Barrett, Jr., 536 Granite Street, Brain­ No. MC 134437, filed March 19, 1970. in Windsor and Colerain, N.C., and to tree, Mass. 02184. Authority sought to Applicant: ARNOLD BARTLETT, doing stations in Bertie and Hertford Counties, operate as a common carrier, by motor business as BARTLETT BUILDERS’ N.C.; under contract with C. W. Beasley vehicle, over irregular routes, transport­ SUPPLIES, 61 Line Avenue, Welland, Oil Co., Inc., and Windsor Oil Co., Inc. ing: (1) Frozen foods, potatoes, and Ontario, Canada. Applicant’s representa­ N o t e : I f a hearing is deemed necessary, farm and industrial machinery, attach­ tive: Thomas J. Runfola, 631 Niagara applicant requests it be held at Raleigh, ments, and parts, from ports of entry on Street, Buffalo, N.Y. 14201. Authority N.C., or other city in North Carolina, or the United States-Canada international sought to operate as a common carrier, Richmond, Va. boundary line located in Maine, New by motor vehicle, over irregular routes, No. MC 134513, filed April 7,1970. Ap­ Hampshire, Vermont, New York, and transporting: Lumber, rough and plicant: POLAR TRANSIT, INC., 1984

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 NOTICES 7539

Oakdale Avenue, West St. Paul, Minn. articles distributed by meat packing­ 12, from O’Hare International Airport 55118. Applicant’s representative: Val M. houses, as described in sections A and C over Interstate Highway 90 to junction I Higgins, 1000 First National Bank Build- of appendix I to the report in Descrip­ U.S. Highway 20, thence northwest on |ing, Minneapolis, Minn. 55402. Authority tions in Motor Carrier Certificates, 61 U.S. Highway 20 to junction Illinois sought to operate as a common carrier, M.C.C. 209 and 766, from Madison, 111., Highway 23, thence north on Illinois by motor vehicle, over irregular routes, St. Louis and points in St. Louis County, Highway 23 to junction U.S. Highway transporting: Meat, meat products, meat Mo. N ote : I f a hearing is deemed neces­ 14, thence north on U.S. Highway 14 to byproducts, dairy products, and articles sary, applicant requests it be held at St. junction Wisconsin Highway 67, thence distributed by meat packinghouses, as Louis, Mo., or Chicago, 111. north on Wisconsin Highway 67 to junc­ described in sections A, B, and C of ap­ M otor C arrier of P assengers tion Wisconsin County Road F, thence pendix I to the report in Descriptions in north on Wisconsin County Road F to Motor Carrier Certificates, 61 M.C.C. 209 No. MC 36524 (Sub-No. 14), filed junction Wisconsin Highway 50, thence and 766 (except commodities in bulk), April 2, 1970. Applicant: MISSOURI west on Wisconsin Highway 50 west to from St. Paul, Minn., to points in Con­ TRANSIT LINES, INC., 104 North Clark Delavan, Wis.; then east on Wisconsin necticut, Delaware, District of Columbia, Street, Moberly, Mo. 65270. Applicant’s Highway 50 to Lake Geneva, Wis., thence Maine, Maryland, Massachusetts, New representative: E. S. Douglas, Jr., Pro­ east on Wisconsin Highway 50 to junc­ Hampshire, New Jersey, New York, Penn­ fessional Building, Harrisonville, Mo. tion U.S. Highway 12 and return over sylvania, Rhode Island, Vermont, Vir­ 64701. Authority sought to operate as a same routes, serving no intermediate ginia, West Virginia, Ohio, Indiana, and common carrier, by motor vehicle, over points; (3) between O’Hare Interna­ points in Illinois south of U.S. Highway regular and irregular routes, transport­ tional Airport at Chicago, 111., and 20 (except points in the Chicago com­ ing: (A ) Regular routes: (1) Passengers Delavan, Wis., from O’Hare International mercial zone). N o t e : Common control and their baggage, ajid express and news­ Airport east to junction U.S. Highway 45, may be involved. I f a hearing is deemed papers in the same vehicles with pas­ thence north on U.S. Highway 45 to junc­ necessary, applicant requests it be held sengers, between Kansas City, Mo., and tion U.S. Highway 12, thence northwest at Chicago, 111., or Minneapolis, Minn. the junction of Missouri Highway 7 and over U.S. Highway 12 to junction Wis­ No. MC 134530, filed April 15, 1970. U.S. Highway 71, south of Harrisonville, consin Highway 50, thence west on Wis­ Applicant: JOSEPH M. HEATH, JR., Mo., over U.S. Highway 71, serving all consin Highway 50 to Lake Geneva, Wis.; Box 72, Salisbury, N.H. 03268. Authority intermediate points. (B) Irregular thence continue west on Wisconsin High­ ¡sought to operate as a contract carrier, routes: (2) Passengers with their bag­ way 50 to junction Wisconsin Geneva | by motor vehicle, over irregular routes, gage, and express and newspapers in the Road (formerly Old Wisconsin Highway transporting: Lumber; (1) from North- same vehicle with passengers, in charter 36); thence southwest on Wisconsin field and Brattleboro, Vt., to points in operations, beginning and ending at Geneva Road to junction Wisconsin Maine, New Hampshire, and Massachu­ Harrisonville and points on the route Highway 67 and Wisconsin County Road setts: and (2) from points in New Hamp­ specified in ( 1 ) above and extending to F * thence south on Wisconsin Highway shire, to points in Maine, Massachusetts, points in the United States (except 67 to Fontana, Wis.; thence again north and Vermont under contract with Alaska and H aw aii). N ote : If a hearing on Wisconsin Highway 67 to junction Cavanaugh Lumber Co., Inc. N o t e : I f a is deemed necessary, applicant requests Wisconsin County Road F, thence over hearing is deemed necessary, applicant it be held at Kansas City, Mo. north on Wisconsin County Road F to requests it be held at Concord, N.H. No. MC 134303 (Sub-No. 2), filed junction Wisconsin Highway 50, thence No. MC 134540, filed April 7, 1970. Ap­ April 6 , 1970. Applicant: O’HARE WIS­ west on Wisconsin Highway 50 to Dela­ plicant: DERRICO TRUCKING CORP., CONSIN LIMOUSINE SERVICE, INC., van, Wis., and return over the same 907 East 141st Street, Bronx, N.Y. 10454. 530 South Michigan Avenue, Chicago, routes, serving no intermediate points; Applicant’s representative: Bert Collins, 111. 60605. Applicant’s representative: (4) Between O’Hare International 140 Cedar Street, New York, N.Y. 10006. Edward G. Bazelon, 39 South La Salle Airport at Chicago, HI., and junction U.S. Authority sought to operate as a con­ Street, Chicago, HI. 60603. Authority Highway 12; from O’Hare International tract carrier, by motor vehicle, over ir­ sought to operate as a common carrier, Airport over Interstate Highway 90 to regular routes, transporting: Paper and by motor vehicle, over regular routes, junction Illinois Highway 53, thence paper products, and materials and sup­ transporting.: Passengers, and baggage north over Illinois Highway 53 to junc­ plies used in the manufacture and dis­ when moving in the same vehicle with tion U.S. Highway 14, thence northwest tribution thereof (except commodities in passengers; (1) between O’Hare Inter­ over U.S. Highway 14 to junction Illinois bulk), between New York, N.Y.; Nassau, national Airport at Chicago, 111., and De- Highway 23, thence north on U.S. High­ Suffolk, Westchester, Orange, and Rock­ lavan, Wis., from O’Hare International way 14 to junction Wisconsin Highway land Counties, N.Y.; Hudson, Bergen, Airport over Interstate Highway 90 to 67, Fontana, Wis., thence north on Wis­ I *>assaic, Essex, Union, Morris, Middlesex, junction Illinois Highway 53, thence consin Highway 67 to junction Wisconsin j Mercer, and Camden Counties, N.J.; and north on Illinois Highway 53 to junc­ County Road F; thence continue north Philadelphia, Pa.; on the one hand, and, tion U.S. Highway 12, thence north­ on Wisconsin County Road F to junction on the other, points in New York on and west on U.S. Highway 12 to junc­ Wisconsin Highway 50, thence west on | east of U.S. Highway 14; Pennsylvania on tion Wisconsin Highway 50, thence west Wisconsin Highway 50 to Delavan, Wis.; and east of U.S. pfighway 15, and Con­ on Wisconsin Highway 50 to Lake Ge­ thence east on Wisconsin Highway 50 to necticut, Massachusetts, Rhode Island, neva, Wis.; thence west on Wisconsin Lake Geneva, Wis., thence continue east New Jersey, Delaware, Maryland on and Highway 50 to junction Wisconsin to junction U.S. Highway 12 and return east of U.S. Highway 40, and the District Geneva Road (formerly Old Wisconsin over the same routes, serving no inter­ of Columbia, under contract with Derrico Highway 36), thence southwest on Wis­ mediate points; and (5) between O’Hare Co Inc., and/or its subsidiaries and af- consin Geneva Road to junction Wis­ International Airport at Chicago, 111., niiates, and Simkins Industries and/or consin Highway 67, thence south on and Delavan, Wis., from O’Hare Inter­ subsidiaries and affiliates. N o t e : If a Wisconsin Highway 67 to Fontana, Wis.; national Airport over Interstate High­ nearing is deemed necessary, applicant thence over Wisconsin Highway 67 north way 294 north to junction Interstate requests it be held at New York, N.Y. to junction Wisconsin Geneva Road and Highway 94, thence north over Interstate No. MC 134551, filed April 24,1970. Ap­ junction Wisconsin County Road F, Highway 94 to junction Illinois Highway plicant: BRENDEL DISTRIBUTING thence continue north on Wisconsin 173, thence west on Illinois Highway INC-, Caine Drive (no number), County Road F to junction Wisconsin 173 to junction U.S. Highway 12, thence HI- 62060. Applicant’s repre­ Highway 50; thence west on Wisconsin north on U.S. Highway 12 to junction sentative: Ernest A. Brooks II, 1301 Am- Highway 50 to Delavan, Wis., and return Wisconsin Highway 50, thence west on Building, St. Louis, Mo. 63101. over the same routes, serving no inter­ Wisconsin Highway 50 to Lake Geneva, Wfcority soueht to operate as a com- mediate points; Wis.; thence wqst on Wisconsin Highway . carrier, by motor vehicle, over ir- (2) Between O’Hare International 50 to junction Wisconsin Geneva Road rou^es» transporting: Meats, Airport at Chicago, 111., and Wisconsin (formerly Old Wisconsin Highway 36), at products, and meat byproducts, and Highway 50 and junction U.S. Highway thence southwest on Wisconsin Geneva

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 7540 NOTICES

Road to junction Wisconsin Highway 67 FOURTH SECTION APPLICATIONS FOR [Notice 75] and Wisconsin County Road F, thence RELIEF MOTOR CARRIER TEMPORARY south on Wisconsin Highway 67 to Fon­ AUTHORITY APPLICATIONS tana, Wis.; thence north again on Wis­ M a y 11,1970. consin Highway 67 to junction Wisconsin Protests to the granting of an appli­ M a y 1 1 ,1 9 7 0 . Geneva Road and Wisconsin County cation must be prepared in accordance The following are notices of filing of Road F, continue north on Wisconsin with Rule 1100.40 of the general rules of applications for temporary authority un­ County Road F to Wisconsin Highway practice (49 CFR 1100.40) and filed der section 2 10a(a) of the Interstate 50, to Delavan, Wis., and return over the within 15 days from the date of pub-, Commerce Act provided for u n d e r the same routes, serving no intermediate lication of this notice in the F ederal new rules of Ex Parte No. MC-67 (49 points. N o t e : Common control may be R egister. CFR Part 1131), published in the F ed­ involved. I f a hearing is deemed neces­ L ong-and-S hort H au l eral R egister, issue of April 27, 1965, sary, applicant requests it be held at effective July 1,1965. These rules provide Chicago, 111., or Milwaukee, Wis. FSA No. 41953— Commodity rates— that protests to the granting of an ap­ Missouri-Kansas-Texas Railroad Co. and plication must be filed with the field A p p l ic a t io n of F reig h t F orwarder Beaver, Meade and Englewood Railroad. official named in the F ederal R egister No. FF-389 (NOVO AIRFREIGHT Filed by Southwestern .Freight Bureau, publication, within 15 calendar days CORP., Freight Forwarder Application), agent (No. B-165), for'interested rail after the date of notice of the filing of filed May X, 1970. Applicant: NOVO carriers. Rates on property moving on the application is published in the Fed­ AIRFREIGHT CORP., 733 Third Ave­ commodity rates, between Missouri- eral R egister. One copy of such protests nue, New York, N.Y. 10017. Applicant’s Kansas-Texas stations in Texas and must be served on the applicant, or its representatives: TheodorePolydoroff and Oklahoma, oh the one hand, Beaver, authorized representative, if any, a n d the David A. Sutherlund, 1140 Connecticut Meade and Englewood stations in Okla­ protests must certify that such service Avenue NW., Washington, D.C. 20036. homa, on the other. has been made. The protests must be Applicant seeks authority under section Grounds for relief—Abandonment of specific as to the service which such pro- 410 of part IV of the Interstate Com­ segment of railroad. testant can and will offer, and must con­ merce Act, for a permit to institute oper­ FSA No. 41954— Soda ash to Lincoln, sist of a signed original and six copies. ation as a freight forwarder, in interstate III. Filed by Western Trunk Line Com­ A copy of the application is o n file, or foreign commerce, through use of the mittee, agent (No. A-2624), for interested and can be examined at the Office o f the facilities of common carriers by railroad, rail-carriers. Rates on soda ash (other express, water, and motor vehicle in the Secretary, Interstate Commerce Com ­ than modified soda ash), in bulk, in car­ mission, Washington, D.C., and also in transportation of: General commodities, loads, as described in the application, between points in the United States, in­ field office to which protests are to be from Alchem, Stauffer, and Westvaco, transmitted. cluding Alaska and Hawaii, restricted to Wyo., to Lincoln, 111. shipments having a prior or subsequent Grounds for relief—Rate relationship. M otor Carriers of P roperty movement by air. Tariff—Supplement 332 to Western No. MC 36587 (Sub-No. 2 T A ), filed A p p l ic a t io n i n W h ic h H and ling W it h ­ Trunk Line Cojmmittee, agent, tariff ICC May 6,1970. Applicant: HARRY J. PAT­ o u t O ral H earing H as B een R equested A-4411. TON AND CARLOS E. BREWER, No. MC 134259, filed December 29,1969, FSA No. 41955—Sugar, beet or cane, doing business as PATTON TRUCKING Applicant: SHORTY’S WRECKER to Cedar Rapids, Iowa. Filed by Trans­ CO., 306 North Ellen, Homer, 111. 61849. Applicant’s representative: Nolan C. SERVICE, a corporation, Crackersville, continental Freight Bureau, agent (No. Craver, Jr., 134 South Main Street, via Anaconda, Anaconda, Mont. 59711. 461), for interested rail carriers. Rates Applicant’s representative: Maurice A. Homer, 111. Authority sought to operate Maffei, 206-209 Professional Building, on sugar, beet, or cane, in bulk, in car­ as a common carrier, by motor vehicle, Butte, Mont. 59701. Authority sought to loads, as described in the application, over irregular routes, transporting: Sand operate as a common carrier, by motor from points in Arizona, California, Idaho, and gravel, from points in Fountain and Warren Counties, Ind., to points in Piatt vehicle, over irregular routes, transport­ Oregon, and Washington, to Cedar and De W itt Counties, HI., for 180 days. ing: Wrecked and disabled trucks, Rapids, Iowa. wrecked and disabled trailers, and Supporting shipper: Interstate S a n d and wrecked and disabled mobile homes, be­ Grounds for relief—Rate relationship. Gravel Co., Inc., Covington, Ind. Send tween points in Montana, Idaho, North Tariffs— Supplement 8 to Trans-Con­ protests to: Roger L. Buchanan, District Dakota, South Dakota, Utah, Washing­ tinental Freight Bureau, agent, tariff Supervisor, Interstate Commerce Com ­ ton, and Wyoming. N o t e : Applicant ICC 1808, and supplement 101 to Western mission, Bureau of Operations, 219 South Dearborn Street, Chicago, 111. 60604. states that it does not intend to tack. Trunk Line Committee, agent, tariff ICC Ho. MC 63417 (Sub-No. 31 T A ), filed No. MC 134545, filed April 21,1970. Ap­ A-4481. plicant: FRANK SALERNO, 3400 Bridle­ May 6, 1970. Applicant: BLUE RIDGE FSA No. 41956—Iron or steel wire to TRANSFER COMPANY, INCORPO­ path Road, Easton, Pa. 18042. Authority Southwire, Ky. Filed by O. W. South, Jr., RATED, 1814 Hollins Road NE., Post sought to operate as a contract carrier, agent (No. A6171), for interested rail Office Box 2888, Roanoke,'Va. 24001. Au­ by motor vehicle, over irregular routes, thority sought to operate as a common carriers. Rates on iron or steel wire, in transporting: Fiber drums, wooden kegs, carrier, by motor vehicle, over irregular carloads, as described in the application, and wooden reels, from Hampton and routes, transporting: Roofing materials, from Baton Rouge, La. (Im port), to and mineral wool, and mineral wool Phillipsburg, N.J., to Claymont and W il­ products, from Birmingham and Leeds, mington, Del.; Baltimore and Elkton, Southwire, Ky. Grounds for relief—Water competi­ Ala., to points in North Carolina and Md.; New Rochelle and New York, N.Y.; South Carolina, for 150 days. Supporting tion. and Denver, Elizabethtown, Lancaster, shippers: The Celotex Corp., 1500 North Middletown, Fottsville, Reading, and Tariff—Supplement 206 to Southern Dale Mabry, Tampa, Fla. 33607; Rocs York, Pa., under contract with The Greif Freight Association, agent, tariff ICC Wool Manufacturing Co., Leeds, Ala. Bros. Corp. S-398. 35094; United States Gypsum Co., 309» Piedmont Road NE., Atlanta, Ga. 30305. By the Commission. By the Commission. Send protests to: Clatin M. Harmon, District Supervisor, Interstate Commerce [ seal! H . N e il G arson, [ seal] H . N e il G arson, Secretary. Secretary. Commission, Bureau of Operations, 21 Campbell Avenue SW., Roanoke, Va. [FJR. Doc. 70-6874; Filed, May 13, 1970; [F.R. Doc. 70-5920; Filed, May 13, 1970; 8:45 a.m.] 8:47 a.m.] 24011.

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 NOTICES 7541

No. MC 64932 (Sub-No. 487 TA), filed Geyer Road, St. Louis, Mo. 63131. Au­ sota, South Dakota, Louisiana, New May 6,1970. Applicant: ROGERS CART­ thority sought to operate as a common Mexico, Iowa, and Mississippi, also, from AGE OO., 1439 West 103d Street, Chicago, carrier, by motor vehicle, over irregular Dallas, Tex., to points in Nebraska, Iowa, 111. 60643. Applicant’s representative: routes, transporting: (1) Nonalcoholic South Dakota, and Minnesota, for 180 Carl L. Steiner, 39 South La Salle Street, beverages, syrups, and flavoring com­ days. Supporting shippers: International ! Chicago, 111. 60603. Authority sought to pounds, in containers, from Warren ton Minerals & Chemical Corp., 5401 Old operate as a cbmmon carrier, by motor Products, Inc., facilities at or near War- Orchard Road, Skokie, 111. 60076; Occi­ ; vehicle, over irregular routes, transport- renton, Mo., to Alton and Belleville, 111., dental Chemical Co., Feed Products > ing: Antifreeze, in bulk, in tank vehicles, and (2) liquid sugar, in bulk, from Na­ Division, 79 Progress Parkway, Maryland ) from the plantsite of Northern Petro­ tional Marine Terminal facility near Heights, Mo.; Olin Corp., Post Office Box chemical Co., Grundy County, 111., to Granite City, 111., to Warrenton Prod­ 991, Little Rock, Ark. Send protests to: ,: points in Indiana, Iowa, Kansas, Ken- ucts, Inc., at or near Warrenton, Mo., for M. E. Taylor, District Supervisor, Inter­ ; tucky, Michigan, Minnesota, Missouri, 180 days. Supporting shipper: Warrenton state Commerce Commission, Bureau of Nebraska, North Dakota, Ohio, South Products, Inc., Post Office Box 289, W ar­ Operations, 501 Petroleum Building, [ Dakota, and Wisconsin, for 180 days, renton, Mo. 63383. Send protests to: Dis­ Wichita, Kans. 67202. t Supporting shipper: Northern Petro- trict Supervisor J. P. Werthmann, No. MC 128007 (Sub-No. 24 TA), filed i i chemical Co., 2200 East Devon Avenue, Interstate Commerce Commission, Bu­ May 6, 1970. Applicant: HOFER, INC., [ Des Plaines, 111. 60018. Send protests to: reau of Operations, Room 3248, 1520 Post Office Box 583, Pittsburg, Kans. Roger L. Buchanan, District Supervisor, Market Street, St. Louis, Mo. 63103. 66762. Applicant’s representative: Clyde Interstate Commerce Commission, Bu­ No. MC 117589 (Sub-No. 13 T A ), filed N. Christey, 641 Harrison Street, Topeka, reau of Operations, 219 South Dearborn May 4,1970. Applicant: PROVISIONERS Kans. 66603. Authority sought to oper­ Street, Chicago, 111. 60604. FROZEN EXPRESS, INC., 2535 Airport ate as a common carrier, by motor vehi-* No. MC 114969 (Sub-No. 38 TA), filed Way South, Seattle, Wash. 98134. Appli­ cle, over irregular routes, transporting: May 4, 1970. Applicant: PROPANE cant’s representative: George LaBis- Feed ingredients, from Houston and Port TRANSPORT, INC., a California cor­ sioniere, 1424 Washington Building, Arthur, Tex., to points in Oklahoma, poration, Post Office Box 232, 1734 State Seattle, Wash. 98101. Authority sought Kansas, Missouri, Arkansas, Colorado, Route 131, Milford, Ohio 45150. Appli­ to operate as a common carrier, by motor Nebraska, Minnesota, South Dakota, cant’s representative: James M. Roude- vehicle, over irregular routes, transport­ Louisiana, New Mexico, Iowa, and Mis­ bush (same address as above). Authority ing: Frozen prepared foods, from Eugene, sissippi, from Dallas, Tex., to points in sought to operate as a common carfier, Oreg., to Denver, Colo., for 180 days. Nebraska, Iowa, South Dakota, and [ ¡by motor vehicle, over irregular routes, Supporting shipper: Nobel, Inc., 1101 Minnesota, for 180 days. Supporting . transporting: Anhydrous ammonia, in West 48th Avenue, Denver, Colo. 80217. shippers: International Minerals & bulk, in tank vehicles, from a port of Send protests to: E. J. Casey, District Chemical Corp., 5401 Old Orchard Road, I entry on the international boundary be- Supervisor, Interstate Commerce Com­ Skokie, 111. 60076; Occidental Chemical ! tween the United States and Canada, at mission, Bureau of Operations, 6130 Co., Feed Products Division, 79 Progress I ! or near Port Huron, Mich., to points in Arcade Building, Seattle, Wash. 98101. Parkway, Maryland Heights, Mo.; Olin Indiana, Michigan, and Ohio, for 150 No. MC 126489 (Sub-No. 4 T A ), filed Corp. Post Office Box 991, Little Rock, , days. Supporting shipper: American Oil May 6 , 1970. Applicant: GASTON FEED Ark. Send protests to: M. E. Taylor, \ Co-> Post Office Box 5690, Chicago, 111. TRANSPORTS, INC., 708 Wiley Build­ District Supervisor, Interstate Com­ 60680. Send protests to: Emil P. Schwab, ing, Hutchinson, Hans. 67501. Applicant’s merce Commission, Bureau of Opera­ I District Supervisor, Interstate Commerce representative: Clyde N. Christey, 641 tions, 501 Petroleum Building, Wichita, I Commission, Bureau of Operations, Harrison Street, Topeka, Kans. 66603. Kans. 67202. s 5514-B Federal Building, 550 Main Authority sought to operate as a common By the Commission. Street, Cincinnati, Ohio 45202. carrier, by motor vehicle, over irregular j No- MC 115331 (Sub-No. 283 T A ), filed routes, transporting: Feed ingredients, [ seal] H . N e il G arson, from Houston and Port Arthur, Tex., to Secretary. 1 May 4,1970. Applicant: TRUCK TRANS­ points in Oklahoma, Kansas, Missouri, [F.R. Doc. 70-5919; Filed, May 13, 1970; PORT, INCORPORATED, 1931 North Arkansas, Colorado, Nebraska, Minne­ 8:47 a.m.]

.

FEDERAL REGISTER, VOL. 35, NO. 94— THURSDAY, MAY 14, 1970 7542 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— MAY

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 May.

Page 3 CFR page 8 CFR—Continued pa€e 15 CFR 371______-- ‘__ P 7379 P roclamations : 205____ 7285 238______7285 1000 — ______7220, 7228 3982 ______6999 P roposed R ules : 3983 ______-______— 7105 P roposed R u l e s : 3984 ______7169 103______7018 1000 ______7183 E x ec u tive O rders^ 214______7018 16 CFR July 2, 1910 (revoked in part 9 CFR 13 — _ 7007-7009, 7298, 7507-7511 by PLO 4814)______7255 March 28, 1924 (revoked by 71_ ' ______7249 P roposed R ules: PLO 4812)____— ------7254 76______6958, 90______- ______6969 April 17, 1926 (revokeu in part 7004, 7066, 7107, 7175, 7285, 7370, 425______gppjjè*,-- 7437 by PLO 4813)______7255 7376, 7412, 7505 17 CFR 3 CFR 10 CFR 249 ______7068 213— ______— 6957, 1______P roposed 7285 R ules: 7123, 7124, 7171, 7283, 7426, 7493 270______7132 550______- ______- - - - - 717112 CFR 207 ' — - ______— 6959, 7376 18 CFR 7 CFR 220 7249, 7376 7S11 19______7493 221 ______6959, 7250, 7377 7010 51_ 6957, 7249 250- ______545______7377 ____ 6960,7412 53______— 7064 260______561______1______7377 620______7379 201______7411 563______- ______- 7377 301______7001, 7002, 7361 608______i-_____ - ______7005 P roposed R ules: P k . ... 7385 404______7361 P roposed R u l e s :. 2 ______411______7361 157 ______7262. 7385 545______7130 724______7361 2 01______2^.____ 7262 563______7131 7 75______6958, 7495 2J4______7262 798______1______7172 260— ______7262 877______7064 14 CFR 905______7411 21______7292 19 CFR 907 7172,25 7503______7108 7299 908— 7173,29______7504 7293 910______7003, 7283, 7362 37______6914 917 ______7064 39______6916, 21 CFR 918 __ 7362 6917, 7006, 7051, 7293, 7294, 7378 7068, 7299 944______7504 61_ _ 7007 53______— „ 7178 959______— :______7065 71______6917, 1 2 0 ______7178, 7179, 7300 966______7003 7051, 7108, 7109, 7175-7177, 7237, 121__ — ______7068, 7180, 7414 1041______7173 7294, 7378, 7379, 7412 13f) 7250 1097______—!______7283 73— ______6917, 7051, 7295 135b______7253 1102______7283 75_ 7051,1 37109 5 c ______7181,7380 1108______- ______:______7283 91______7108,135e 7293______7300 1201______-______7066 97 ______— 6918, 7052, 7237, 7506 135g; ______7181, 7300 1421______7363, 7504 121 ______7108, 7293 146 ______• 7250 1485______-____ - ______7505 127______7293 148k— ______7415 1600______7505 202 ______7109 191 ______7415 7069 P roposed R u l e s : 203 __.— 2______7110 320______205______- ______7110 29______7427 P roposed R ules : 725______7075 207 ______7295 191______^ _ 7303 208 ______7295 Ch. IX ______7077 212______7297 914______7183 214______7298 24 CFR 981______7428 221______7298 ?no __ 7381 1005______- ______6965 287______- ______7110 1 Q14 7012 1006—______7023 _ 7013 1012 ______7023 295______— 7298 1915 1013 ______7023 302______7111 1032______.______7082 376— ______,______7111 26 CFR 7011, 7300 1033-______6965 P roposed R u l e s : 13______7070 1034_____— ______—_ 6965 39— ______6967, 7185, 7435, 7436 3 ]__ 6962 1035— _____ 6965 71______„______6968, 143 1041_____:______— 6965 6969, 7186, 7303-7305, 7384, 7436 661— 7111 1050— ______- 7082 73______6969 P roposed R u l e s : 75______7020, 7305 7125 8 CFR 91______7020 31 100______7249 121______7021, 7083 127______%______7083 28 CFR 103______7284 7013 204_____ 7284 221______7513 9______FEDERAL REGISTER 7543

29 CFR Page 39 CFR Page 45 CFR Page Ch. I ______7416 8...... - ...... 7016 102______7334 142______7382 670------6963 155______7256 678______6963 P roposed R u l e s : 233______— ______7301 796______„ 7382 135—______1 7018 138____ 7427 47 CFR 30 CFR l ______301-...... 1...... 7181,7182 41 CFR 7117 63 ______7259 1-16_------——------7070 64 ______7259 31 CFR 5A-1— ,______7254 73 ------6913, 7118, 7259, 7417 500______— - 6963 5A-2------7416 74 ______7118 5A-3------7416 83______6913 32 CFR 101-26------7182, 7301 97______7259 518...... —...... — 7253 P roposed R u l e s : 42 CFR 73______7262 32A CFR P roposed R u les : 81------7082 49 CFR Proposed R u l e s : 90------7260 Ch. X ...... 7305 173— ------7120, 7121 1001—— ______7512 43 CFR 1033 ______7016 33 CFR 3130______7416 1034 ______7017 117...... 7182 P u b lic L and O rders: 1036______7121 2r7—------7512 1230 (revoked in part by PLO 4056______7123 Proposed R u l e s : 4815)______7255 P roposed R u l e s : 1767 (revoked in part by PLO 110------7019 173______7127 4818)______7256 192______117------7513 7127 4810 ______7117 567______6969 401----- 7189 4811 ------7117 571...... 7187 4812 ------7254 36 CFR 4813 ------7255 4814 ------7255 50 CFR Proposed R u l e s : 4815 ------7255 33------7123, 7382 50_...... „ 7439 4816 ------7255 80______7017 4817 ------_____ v 7256 210______7070 38 CFR 4818 _ 7256 4819 ------7256 P roposed R u l e s : 17___...... 7380 4820 ------7256 280______7438 United States Government Organization MANUAL 1969-70

X A United States Government Organization

■ >» > y | | a | OFFICE .0/ THE FEDERAL REGISTER C ; Jp p ; National Archives amt' Records Service: ';:;; government 1 9 6 3 " T 0 General Services Administration;;. 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. V ^ / ^ r îV Jt. I f /•Meviwn« ^ » ^ • < * • ¡• ^ 4 #■>***'.>.<•**y m a —. i»i >w>i^iiaeedJty This handbook is an indispensable «• Xi^wvtoAVA*«-'f^Fitni fitVr ■ntfi ir^if i iiw*< Ali (M»/>i^4AF^M<«y4^t jttémtmif tf «tf w d fo d 'v ^ U y» . reference tool for teachers, students, librarians, researchers, >//i»y»t>vA^i« vy i iwly w a» '^ businessmen, and lawyers who need current official information about the U.S. Government. t^ d v '^ ^ . — The United States Government

----- ' i 4—^ Organization Manual is the official guide to the functions W9, ^ jeMÿOM^ av. Z*m4**4 « . of the Federal Government, published by the Office of the Federal Register, GSA.

0 0 vîiS^. y"^-’ * 3 per copy. Paperbound, with charts ...... , ^ Y~~S<~>‘¿yr**4yr~*'""V*'*•*'¿2}' Order from Superintendent of Documents, U.S. Government Printing Office, <4 Washington, D.C. 20402.