FEDERAL REGISTER VOLUME 35 • NUMBER 239 Thursday, December 10,1970 • Washington, D.C. Pages 18713-18790

Agencies in this issue— The President Agricultural Research Service Atomic Energy Commission Civil Aeronautics Board Civil Service Commission Consumer and Marketing Service Customs Bureau Federal Aviation Administration Federal Communications Commission Federal Highway Administration Fiscal Service Fish and Wildlife Service Food and Nutrition Service General Services Administration Internal Revenue Service Interstate Commerce Commission Labor Department Land Management Bureau National Oceanic and Atmospheric Administration Packers and Stockyards Administration Post Office Department Public Health Service Railroad Retirement Board Securities and Exchange Commission Small Business Administration Tariff Commission Wage and Hour Division Detailed list o f Contents appears inside. Volume 83 1 UNITED STATES STATUTES AT LARGE

91st Congress, 1st Session 1969

Contains laws and concurrent resolu­ cluded are: numerical listings of bills tions enacted by the Congress during enacted into public and private law, 1969, reorganization plan, recom­ a guide to the legislative history of bills mendations of the President, and enacted into public law, tables of prior Presidential proclamations. Also in- laws affected, and a subject index.

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

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Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FEDERAL®REGISTER Archives and Records Service, General Services Administration, Washington, D.O. 20408, Area Code 202 \ >934 ^ / Phone 962-8626 c OxiiTcn_.7_ 9 ' pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Register, ap­ proved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The F ederal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable in advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code op Federal Regulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code op Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the Federal Register or the Code op Federal Regulations. Contents

CONSUMER AND MARKETING Notices THE PRESIDENT SERVICE National bridge inspection stand­ EXECUTIVE ORDER ards; correction______18757 Rules and Regulations Modifying Executive Order No. Navel oranges grown in Arizona 6868 of October 9, 1934, as FISCAL SERVICE and designated part of Cali­ amended, designating the au­ fornia; handling limitations___ 18743 Notices thority to carry out the provi­ Oranges, grapefruit, tangerines, London Guarantee and Accident sions of the District of Columbia and tangelos grown in Florida; Co., Ltd., et al.; termination of Alley Dwelling Act------.r------18717 limitation of export shipments. 18742 authority as reinsuring1 com­ Oranges grown in Florida; ship­ pany and acceptance as surety EXECUTIVE AGENCIES ment limitations______18741 company on Federal bonds_____ 18752 Proposed Rule Making AGRICULTURAL RESEARCH FISH AND WILDLIFE SERVICE Extension of time for filing com­ SERVICE ments on: Rules and Regulations Meat products______18745 Rules and Regulations Sport fishing: Poultry products.------— 18745 Hog cholera and other commu­ Arkansas ______18740 nicable swine diseases; areas CUSTOMS BUREAU North Dakota______18741 quarantined (2 documents)------18730, U t a h ______— 18741 18734 Rules and Regulations AGRICULTURE DEPARTMENT Customs financial and accounting FOOD AND NUTRITION procedure; reimbursable serv­ SERVICE See Agricultural Research Serv­ ices ______18736 ice; Consumer and Marketing Rules and Regulations Service; Pood and Nutrition FEDERAL AVIATION Service; Packers and Stock- Special food service program for yards Administration. ADMINISTRATION children______18741 Rules and Regulations GENERAL SERVICES ATOMIC ENERGY COMMISSION Airworthiness directives (4 docu­ ADMINISTRATION Notices ments)______18734, 18735 Control zones; alterations (2 doc­ Rules and Regulations Jersey Central Power & Light Co.; uments) ______— — 18736 issuance of amendment to pro­ Control zone and transition area; Public use of records, etc.; mis­ visional operating license______18757 alteration ______18735 cellaneous amendments______18737 Restricted area and continental CIVIL AERONAUTICS BOARD control area; revocation and HEALTH, EDUCATION, AND Proposed Rule Making alteration______18736 WELFARE DEPARTMENT Proposed Rule Making Cargo charters; aircraft capacity. 18749 See Public Health Service. Control zones and transition Notices areas: Hearings, etc.: Proposed alterations (4 docu­ INTERIOR DEPARTMENT Air Afrique.______18761 ments) ______18746-18749 See Fish and Wildlife Service; Alaska Airlines, Inc..______18758 Proposed alteration and revoca­ Land Management Bureau. Buckeye Air Service, Inc______18759 tion _____ 18748 Golden West Airlines, Inc_____ 18759 Transition areas; proposed altera- . INTERNAL REVENUE SERVICE International Air Transport As­ tion (2 documents)._____ 18747, 18748 sociation ______18758 Notices United Air Lines, Inc______18760 FEDERAL COMMUNICATIONS Certain individuals; granting of Wright-TAG merger case and COMMISSION relief (5 documents)_____ 18752, 18753 TAG Airlines, Inc______18760 Rules and Regulations INTERSTATE COMMERCE Civil SERVICE COMMISSION Certain FM broadcast stations; table of assignments.------— _ 18738 COMMISSION Rules and Regulations Proposed Rule Making Pay under other systems; maxi­ Notices mum stipends______18730 Canadian broadcast stations; no­ Household goods; payment of Reduction in force; general pro­ tification list______18761 rates and charges of motor car­ visions ------18729 Common carrier services infor­ riers credit regulations______18751 mation; domestic public radio Notices Notices services applications accepted Fourth section applications for Establishment of minimum rates for filing______18761 and rate ranges : re lie f______187?2 Motor carrier: Guard at Washington, D.C. FEDERAL HIGHWAY Broker, water carrier and S M S A ______18757 ADMINISTRATION Police at Washington, D.C., freight forwarder applica­ tions ______18769 Dulles International and Rules and Regulations Temporary authority applica­ Washington National Air- Administration of Federal-aid for tions (2 documents)___ 18783, 18785 ------18757 highways ; utility relocation and Transfer proceedings*______18788 adjustments; accommodation of Sections 5 and 210a(b) applica­ COMMERCE DEPARTMENT utilities______'.J 18719 tions ______18788 See Nations Oceanic and Atmos- * Miscellaneous a m e n d m e n ts to Pnenc Administration. chapter ------18719 (Continued on next page) 18715 18716 CONTENTS

LABOR DEPARTMENT PACKERS AND STOCKYARDS SECURITIES AND EXCHANGE See also Wage and Hour Division. ADMINISTRATION COMMISSION Notices Proposed Rule Making Proposed Rule Making Eligibility of workers to apply for Market agencies using consigned Suspension of duty to file reports. 18750 - adjustment assistance: livestock to fill orders______18745 Notices Mishawaka, Ind. plant, Uni­ Notices Hearings, etc.: royal, Inc______18768 Sutton Livestock Co., et al.; no­ ISL Variable Annuity Fund A Rock Island, HI. plant, Servus tice of changes in names of et al______18764 Rubber Co______— 18768 posted stockyards______18756 Pennsylvania Electric Co______18765 Watertown, Mass., Plant, B. F. Rocky River Realty Co., et al— 18765 Goodrich Footwear Co_ 18769 POST OFFICE DEPARTMENT SMALL BUSINESS LAND MANAGEMENT BUREAU Rules and Regulations Sexually oriented advertisements; ADMINISTRATION Notices notice on envelopes or other Notices Alaska; filing of plat of survey— 18753 covers______18743 Amoco Venture Capital Co.; ap­ California; termination of pro­ plication for license______18766 posed withdrawal and reserva­ PUBLIC HEALTH SERVICE Regional Divisional Chiefs, et al.; tion of lands______18754 Rules and Regulations delegation of authority______18766 Idaho: Offering of lands for sale------18754 Designation of air quality control TARIFF COMMISSION regions: Proposed land classification___ 18754 Notices Nevada: Metropolitan Dubuque Inter­ Offering of land for sale (2 state Air Quality Control Télévision sets from Japan; notice documents)______18754, 18755 R e g io n ______18737 of investigation and hearing— 18768 Land classification______18755 Metropolitan Norfolk Intrastate Oregon; proposed withdrawal Air Quality Control Region— 18737 TRANSPORTATION DEPARTMENT and reservation of lands; cor­ See Federal Aviation Administra­ rection ______18756 RAILROAD RETIREMENT BOARD tion; Federal Highway Admin­ Washington; offering of land for Notices istration. s a le ______18756 Determination of quarterly rate TREASURY DEPARTMENT of excise tax for railroad retire­ NATIONAL OCEANIC AND ment supplemental annuity pro­ See Customs Bureau; Fiscal Serv­ ice; Internal Revenue Service. ATMOSPHERIC gram ______18764 ADMINISTRATION WAGE AND HOUR DIVISION Rules and Regulations Notices Wild rice processing establish­ Pomilia, Frank V.; notice of loan ments; extension of seasonal in­ application ______18756 dustry determination______18729 List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1970, and specifies how they are affected. 3 CFR 9 CFR 29 CFR E x e c u t iv e O r d e r s: 76 (2 documents)____ .— 18730,18734 526— ______18729 6868 (modified by E.O..11571)_____ 18717 P roposed R u les: 7784-A (see E.O. 11571)______18717 201______18745 39 CFR 8033 (see E.O. 11571)___ 18717 317______18745 125______18743 9916 (see E.O. 11571)______18717 10128 (see E.O. 11571)____ 18717 14 CFR 41 CFR 39 (4 documents)______18734,18735 11401 (see E.O. 11571)______18717 105 61 __ 18737 11571______, ______18717 71 (4 documents)______18735, 18736 73______18736 42 CFR P roposed R u les: 5 CFR 81 (2 documents) — — ____ 18737 351______— _ 18729 71 (7 documents)_____ ».____ 18746,18749 534______18730 221______18749 47 CFR 752______18729 17 CFR 73 __ 18738 7 CFR P roposed R u le s: 240______18750 49 CFR 225______18741 249— ______18750 P roposed R u le s: 905 (2 documents)______18741,18742 1322 ____ 18751 907____ 18743 19 CFR P roposed R u l e s : 2 4 ______18736 50 CFR 81______18745 33 (3 documents)______18740,18741 23 CFR 1 (2 documents)______18719 - 15______18719 20____ 18719 22______18719 Presidential Documents

Title 3—The President

EXECUTIVE ORDER 11571 Modifying Executive Order No. 6868 of October 9,1934, as Amended, Designating the Authority To Carry Out the Provisions of the District of Columbia Alley Dwelling Act By virtue of the authority vested in me by the District of Columbia Alley Dwelling Act, as amended (D.C. Code, Sec. 5—103 to 5-116, inclusive), I hereby designate the Commissioner of the District of Colum­ bia as the Authority to carry out the provisions of the said Act. Such Authority shall be deemed a continuation of the Authority heretofore designated under Executive Order No. 6868 of October 9, 1934, as amended. In carrying out his functions as such Authority, the Commis­ sioner shall be known as the “National Capital Housing Authority”. The Assistant to the Commissioner of the District of Columbia or the Commissioner’s Assistant for Housing Programs, in such sequence and to such extent as the Commissioner may direct, may act for the Com­ missioner in carrying out the functions of the Authority. During the absence or disability of the Commissioner or in the event of ^vacancy in the office of Commissioner, the Assistant to the Commissioner of the District of Columbia or the Commissioner’s Assistant for Housing Pro­ grams, in such sequence as the Commissioner may direct, shall act as the Authority. Executive Order No. 6868 of October 9, 1934, as amended by Execu­ tive Orders Nos. 7784-A of January 5, 1938, 8033 of January 11, 1939, 9344 of May 21, 1943, 9916 of December 31, 1947, 10128 of June 2, 1950, and 11401 of March 13, 1968, is modified to the extent provided herein. •

T h e W h i t e H o u s e , December 8, 1970.

[F.R. Doc. 70-16683; Filed, Dec. 8, 1970; 1:42 p.m.]

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970

18719

Rules and Regulations

revise like numbered PPM ’s of earlier Par. dates. 9 Reimbursement basis. Title 23— HIGHWAYS 10 Labor costs. PPM ’s 30-4 and 30-4.1 deal with mat­ 11 Materials and supplies. Chapter I— Federal Highway Admin­ ters of interest to all parties involved in istration, Department of Transporta­ 12 Equipment. the planning, design, construction, oper­ 13 Transportation of employees. tion ation, and maintenance of highway and 14 Utility bills. MISCELLANEOUS AMENDMENTS utility facilities wherever the utilities 15 Accommodation and installation. must be adjusted or relocated because of 16 Alternate procedure. TO CHAPTER highway construction or reconstruction 1. Purpose and application, a. To prescribe Chapter I of Title 23 of the Code of projects; or wherever the highway and the policies and procedures relating to the Federal Regulations is amended as utility facilities may jointly use and oc­ adjustment, relocation and accommodation cupy the same right-of-way. of utility facilities on Federal-aid highway follows: projects and projects under the direct su­ 1. The title and all other references in The initial development and subse­ quent review of each PPM were under­ pervision of the Bureau of Public Roads. It Chapter I (including any appendices) also prescribes the extent to which Federal to the “Bureau of Public Roads” are taken with full coordination and cooper­ funds may be applied to the costs incurred hereby amended to read “Federal High­ ation of the various parties of interest, by or on behalf of utilities in the adjustment way Administration” ; all references to including the Federal Highway Adminis­ or relocation of their facilities required by “Bureau” in Chapter I (including any tration, the several State highway the construction of such projects. appendices) when meant to refer to the departments, acting through the Amer­ b. The provisions of this memorandum Bureau of Public Roads, are hereby ican Association of State Highway Offi­ apply to reimbursement claimed by the amended to read “Administration”. cials (A A S H O ), and the Nation’s utility State for costs incurred under all State- 2. In § 1.2, the definition of “Commis­ industry, acting through the American utility agreements, including utility work' Right-of-Way Association (ARWA). performed on projects under the Secondary sioner” is deleted. Road Plan and for payment of posts incurred 3. In § 1.19, delete the words “Depart­ Wide distribution of the PP M ’s was under all Public Roads-utility agreements, ment of Commerce” and insert in lieu accomplished within normal channels which are entered into after the date of thereof “Department of Transportation”. from the FH W A through the State high­ issuance, except as provided under para­ 4. In § 1.37, the second paragraph, way departments to numerous utilities graph 3d of PPM 30-4.1, dated November 29, delete the words “the Commissioner or across the country. However, the great 1968. to”. number of utility organizations (some c. Where the lines or facilities to be re­ 5. In §§ 15.2(a) (1) , 15.10, 20.1, 20.2(c) 30,000 nationwide) and local govern­ located or adjusted by reason of the highway (2) and (3), 20.6, and 20.9 delete the mental organizations that, on occasion, construction are privately owned, located on the owners’ land, devoted exclusively to words “Secretary of Commerce” and in­ are concerned with highway-utility mat­ private use and not directly or indirectly sert in lieu thereof the words “Secre­ ters offers sufficient justification for serving the public, the provisions of the tary of Transportation”. making the PPM ’s available through ad­ PPM 80-Series apply. Where applicable, un­ 6. In § 15.5(3) delete the words “Public ditional media. Therefore, a decision der the foregoing conditions the provisions Roads” and insert in lieu thereof “Fed­ has been made to publish P P M ’s 30-4 of this memorandum may be used as a guide to establish a cost-to-cure. eral Highway Administration”. and 30-4.1 in the F ederal R egister where they may reach potentially inter­ d. Where the utility holds a compensable 7. In § 22.10 delete the words, ested parties who otherwise might not interest in the land occupied by its facilities, “Director, Bureau of Public Roads” and have ready access to them. and the relocation involves all or a substan­ tial portion of, or extensive damage to, the insert in lieu thereof “Federal Highway The PPM ’s, as published herein, are utility’s physical plant or operating facilities, Administrator”. identical with the separate issuances of an analysis shall be made by the State, sub­ (23 TJ.S.C. 315; delegation of authority in February 14, 1969, and October 1, 1969. ject to concurrence by the division engineer, § 1.48(b) of the regulations of the Office of This amendment is issued under au­ to demonstrate whether the cost of reloca­ the Secretary, 35 F.R. 4959) tion determined under the provisions of this thority of 23 U.S.C. 101, et seq., 116, 123, memorandum will exceed the market value Effective date. These amendments 315 and the delegation of authority in of the utility’s real property determined by shall become effective on the date of pub­ section 1.48(b) of the regulations of the appraisals under PPM 80-3. Any proposed set­ Office of the Secretary (35 F.R. 4959 tlement above the amount established by the lication in the F ederal R eg ist e r . (1970)). appraisal process shall require justification Issued: December 7, 1970. In view of the foregoing, Part 1 of as being the most feasible and economical Title 23 of the Code of Federal Regu­ solution available consistent with the public F. C. T urner, interest, welfare and good. lations is amended by adding PPM 30-4 Federal Highway Administrator. e. Where State law or regulation provides and PPM 30-4.1 at the end of Appendix payment standards more liberal than those [F.R. Doc. 70-16625; Filed, Dec. 9, 1970; A, “Policy and Procedure Memoranda”. 8:45 a.m.] established by this memorandum the provi­ Issued on December 3, 1970. sions of this memorandum shall govern Pub­ lic Roads reimbursement to the State. Con­ PART I— ADMINISTRATION OF F. C. T urner, versely, where State law or regulation pro­ Federal Highway Administrator. vides more restrictive payment standards, the FEDERAL-AID FOR HIGHWAYS State standards shall govern such reimburse­ Policy and Procedure Memorandum 30-4 Utility Relocation and Adjustments; ment. A determination shall be made by the UTILITY RELOCATIONS AND ADJUSTMENTS State subject to the concurrence of the di­ Accommodation of Utilities vision engineer as to which standards will Par. govern, and the record documented accord­ On February 14, 1969, the Federal 1 Purpose and application. ingly, for each relocation encountered. In Highway Administration (F H W A ) pub­ 2 Definitions. making the determination as to which stand­ lished Policy and Procedure Memoran­ 3 Eligibility. 4 Rights-of-way. ard is the most restrictive, the net cost of dum (PPM) 30-4, Utility Relocations 5 Preliminary engineering and engineer­ relocation, excluding any cost sharing ar­ aua Adjustments. On October 1, 1969, ing services. rangement between the State and the utility, the FHWA published PPM 30-4.1, Ac­ 6 Construction. shall be computed by obtaining the reim­ 7 Agreements and authorizations. bursable amount under each of the follow­ commodation of Utilities. These PPM ’S 8 Recording of costs. ing: (a) The State’s standards and (b) the

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18720 RULES AND REGULATIONS

standards provided for by this memorandum. k. "Relocation” shall mean the adjustment State’s payment statewide except where con- Any cost sharing arrangement required by of utility facilities required by the highway ditions otherwise limit its application to law or agreement between the State and the project, such as removing and reinstalling political subdivisions, projects, or individual utility shall be applied to the lesser of the the facility, including necessary rights-of- relocations. two sums so obtained to establish the amount way, on new location, moving or rearranging c. Federal funds may not participate in eligible for Federal fund participation. existing facilities or changing the type of payments made by a political subdivision f. Where the highway construction which facility, including any necessary safety and for relocation of utility faculties where State requires the utility relocation is under the protective measures. It shall also mean con­ law prohibits a State from making payment direct supervision of Public Roads, all refer­ structing a replacement facility functionally for relocation of utility facilities. ences herein to the State are inapplicable. equal to the existing facility, where necessary d. Where the advance installation of new Under such circumstances, it is intended for continuous operation of the utility serv­ utility facilities, crossing or otherwise occu­ that Public Roads be considered in the rela­ ice, the project economy, or sequence of pying the proposed right-of-way of a future tive position of the State. highway^ construction. planned highway project, is either under­ g. On Secondary Road Plan projects where l. “Cost of Removal” is the cost of way, or scheduled to be underway, prior to Federal-aid participation is requested in the demolishing, dismantling, removing, or the time such right-of-way is purchased by costs of utility relocations, it is intended otherwise disposing of utility property and or under control of the State, arrangements that the State be considered in the relative cleaning up required to leave the site in a should be made for such facilities to be in­ position of the division engineer for making neat and presentable condition. stalled in a manner that will meet the re­ approvals and issuing authorizations required m. “Cost of Salvage” is the amount ex­ quirements of the future planned highway by this memorandum, subject to the provi­ pended to restore salvaged utility property to project. Federal f ”.nds are eligible to partic­ sions of PPM 20-5 and the approved Second­ usable condition after its removal. ipate in the additional costs incurred by the ary Road Plans. n. “Overhead Costs” shall„ mean those utility that are attributable to and in accom­ 2. Definitions. For the purpose of thiscosts not chargeable directly to accounts per­ modation of the planned highway project, memorandum, the following definitions shall taining to the relocation which are deter­ provided such costs are incurred subsequent apply: mined on the basis of a rate or percentum to authorization of the work by the division a. “Utility” shall mean and include all pri­ factor supported by overhead clearing ac­ engineer. For example, such additional costs vately, publicly or cooperatively owned counts; or such other means as will provide may include the cost of providing higher lines, facilities and systems for producing, an equitable allocation of actual and reason­ poles or longer spans, encasement of cable or transmitting or distributing communications, able overhead costs to specific relocation pipes, additional length of facilities and the power, electricity, light, heat, gas, oil, crude jobs. Such costs may include expenses for like, that are needed to protect the planned products, water, steam, waste, storm water general engineering and supervision, general highway and its safe operation, and which not connected with highway drainage, and office services, legal services, insurance, relief, otherwise would not be required by the other similar commodities, including pub­ pensions, taxes, and construction engineering utility for its own operation. Subject to the licly owned fire and police signal systems and supervision by other than the account­ other provisions of this memorandum, re­ and street lighting systems, which directly ing utility. imbursement may be approved under the or indirectly serve the public or any part o. “Betterments” shall mean and include foregoing circumstances when it is demon­ thereof. The term “utility” shall also mean any upgrading to the facility being relocated strated that the action taken is necessary to the utility company, inclusive of any wholly made solely for the benefit of and at the protect the public interest, and the adjust­ owned or controlled subsidiary. election of the utility, not attributable to the ment of the facility is necessary by reason b. The terms “reimburse” and “partici­ highway construction. of the actual construction of the planned pate”, or their derivatives, shall mean that p. “The cost of any improvements necessi­ highway project. Emergency situations may Federal funds may be used to reimburse the tated by or in accommodation of the highway be processed in the manner prescribed by State on Federal-aid projects, or to make construction” shall mean the cost of provid­ paragraph 7n. payments to the utility on projects under ing improvements in the relocated or ad­ 4. Rights-of-way. a. Replacement right-of- the direct supervision of Public Roads to the justed facility that are needed to protect way to be acquired by or on behalf of a extent provided by applicable law. or accommodate the highway and its safe utility shall be programed and authorized c. “Division Engineer” shall mean the operation. either as an expense incidental to the cost division engineer of the Bureau of Public q. “Director” shall mean the Director of of relocation, or as part of the right-of-way Roads, Federal Highway Administration. the Bureau of Public Roads, Federal Highway acquisition phase of either the highway proj­ d. “Replacement Rights-of-W ay” shall Administration. ect as a whole, or a separate utility reloca­ mean the land and interests in land acquired 3. Eligibility, a. Federal funds may par­tion project. Reimbursement may be ap­ for or by the utility as necessitated by the ticipate, at the pro rata share applicable, proved for the cost of replacement right-of- highway construction. in an amount actually paid by a State, or a way incurred after the date any of the e. “Preliminary Engineering” shall mean political subdivision thereof, for the costs foregoing phases of work are included in an locating, making of surveys, preparation of of utility relocations under one or more of approved program and replacement right-of- plans, specifications, and estimates and other the f ollowing conditions: way for utilities is authorized by the division related preparatory work in advance of con­ (1) Where the utility has the right of oc­ engineer, provided: struction operations. cupancy in its existing location by reason of (1) The State’s payment does not violate f. "Construction” shall mean the actual holding the fee, an easement or other real the law of the State or violate a legal contract building and all related work including util­ property interest, the damaging or taking of between the utility and State, and ity relocation or adjustments, incidental to which is compensable in eminent domain. (2) There will be no charge to the project the construction or reconstruction of a high­ (2) Where the utility occupies either pub­ for that portion of the utility’s existing right- way project, except for preliminary engineer­ licly or privately owned land or public right- of-way being transferred to the State for ing or right-of-way work which is programed of-way, and the State’s payment of the costs highway purposes, and and authorized as a separate phase of work. of relocation does not violate the law of the (3) The utility has the right of occupancy g. “Salvage Value” is the amount received State or violate a legal contract between the in its existing location by reason of holding for utility property removed, if sold; or if utility and the State, subject to the provi­ the fee, an easement or other real property retained for reuse, the amount at which the sions in paragraphs 3 b and c below. interest, the damaging or taking of which is material recovered is charged to the utility’s (3) Where the utility which occupies pub­ compensable in eminent domain, or the accounts. licly owned lands or public right-of-way is acquisition is made in the interest of project h. “Work Order System” is a procedure for owned by an agency or political subdivision economy or is necessary to meet the require­ accumulating and recording into separate of a State, and said agency or political sub­ ments of the highway project. accounts of a utility all costs to the utility division is not required by law or agreement b. Expenses incurred by the utility inci­ in connection with any change in its system to relocate its facilities at its own expense, dent to the acquisition of replacement rights- or plant. subject to the provisions in paragraphs 3 b of-way may be reimbursed. These expenses i. “Program Approval” shall mean approval and c below. may include such items as: salaries and by Public Roads of programs of projects pro­ b. Reimbursement of relocation costs in­expenses of utility employees while engaged posed by the State. Projects involve prelimi­ curred pursuant to paragraphs 3a (2) and in the appraisal of and negotiation for such nary engineering, rights-of-way acquisition (3) above may be approved, provided the right-of-way, amounts paid independent ap­ or construction at specific locations. State has furnished a statement to the divi­ praisers for appraisals made of such right- j. “Authorization” shall mean authoriza­ sion engineer establishing and/or citing its of-way, recording costs, deed fees and similar tion to the State by the division engineer to legal authority or obligation to make such costs normally paid incident to land acquisi­ proceed with any phase of a project pre­ payments, and an affirmative finding has tion. viously or concurrently given program ap­ been made by Public Roads that such a state­ c. The utility shall determine and record proval. The date of authorization establishes ment forms a suitable basis for Federal-aid its valuation of the replacement rights-of- the date of eligibility for Federal funds to fund participation in such costs under the way that it acquires, prior to negotiation for participate in the costs incurred on that provisions of section 123, title 23, U.S.C. This its acquisition. This means the utility should* phase of work. statement should reflect the basis of the by its records be in a position to justny

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 RULES ANO REGULATIONS 18721

amounts paid for such right-of-way. The sofar as practicable, adopt and follow the d. Federal funds may participate In the valuation may consist of appraisals by utility procedures set out in FPM 40-6 and its sup­ costs of relocation work performed under employees car by independent appraisers. pléments. The proposed use of such services, existing written continuing contracts where Sound valuation and acquisition practices fees and arrangements therefor, are subject it is demonstrated that such work is regu­ should be followed by the utility, including to prior approval by the division engineer, larly performed for the utility under such the use of adequate and formal appraisals of except as provided below: contracts at reasonable costs. This may in ­ record where the cost of any replacement (T) Where the proposed utility work is clude existing continuing contracts with an­ right-of-way tract is more than $500. How­ relatively simple, and the fees for the pro­ other utility. Where such other utility has ever, in instances involving uncomplicated posed engineering services are less than an ownership interest in the facility to be takings where the value estimate is less than $5,000, and the division engineer has previ­ relocated, Federal funds will not be eligible $2,500, an abbreviated appraisal report, ously approved a satisfactory statement of to participate In intercompany profits. adequately related to comparable sales, pre­ procedures the State uses statewide for such e. Where the utility proposes to contract pared by a qualified appraiser, is acceptable. matters. outside the requirements under paragraphs Examples of uncomplicated takings would be (a) The statement of procedures shall es­6 c and d for work of relatively minor cost whole takings of single family residences; tablish a ceiling on the fees to be covered, or nature, for example, tree trimming and the whole takings of an unimproved lot or other not to exceed $5,000, and outline the State’s like, Federal funds may participate in the vacant land; strip or other partial taking not practices for reviewing and approving the costs so incurred, provided it is demonstrated involving damages, cost-to-cure items, or need for sue* services, the reasonableness of that such requirements are impractical and benefits. the fee, the adequacy of the contract docu­ the utility’s action did not result in an ex­ d. Acquisition of rights-of-way by the ment or arrangements, and the qualifications penditure in excess of that justified by the State for a utility shall be in accordance with of the individual or firm. The division en­ prevailing conditions. PPM 80-Series. gineer may approve the State’s statement of f. All labor, materials, equipment, and e. Where the utility has the right-of-procedures where he is satisfied that the other services furnished by the utility shall occupancy in its existing location by reason State’s procedures follow sound business be billed by the utility direct to the State. of holding the fee, an easement or other real practices and are satisfactory to provide ade­ The special provisions of contracts let by the property interest, and it is not necessary by quate control for this type of work. Reim­ utility or the State shall be explicit in this reason of the highway construction to adjust bursement may be approved where the costs respect. The costs of force account work per­ or replace the facilities located thereon, the incurred are in accordance with the approved formed for the utility by the State and of taking and damage of the utility’s real prop­ statement of the State’s procedures. contract work performed for the utility un­ erty, including the disposal or removal of (2) Where the engineering services areder a contract let by the State, shall be re­ such facilities, is a matter for consideration performed under existing written continuing ported separately from the costs of other as a right-of-way transaction in accordance contracts for fees of $5,000 and less, and it is force account and contract items on the with PPM 80-Series. demonstrated this service is regularly per­ highway project. g; Field verification by the State, to justify f. Where a utility company has a com­formed for the utility in its own work under such contracts at reasonable costs. and support payment for the work done, is pensable property interest in land to be necessary to the proper handling of utility acquired for a scenic strip, overlook, rest area c. All agreements for the engineering serv­ ices outlined in 5b above, in which Federal- relocations and adjustments. A m inim um or recreation area, the State is to take steps treatment is the procedure outlined under necessary to protect and preserve the area aid funds are to participate, shall include a certificate, as a supplement to said agree­ “Utility Adjustments” in the AASHO pub­ or strip being acquired. This will require a lication, An Informational Guide on Project determination by the State whether reten­ ment, as shown by Attachment No, 1 to this memorandum. The certificate shah be exe­ Procedures, or any other equally acceptable tion of the utility at its existing location, written procedure mutually agreed upon by will now or later adversely affect the appear­ cuted by the individual so engaged, or by a principal officer of the firm retained. a State and the division engineer to accom­ ance of the area being acquired, and whether plish the purpose. The cost of preparing as- it will -be necessary to subordinate or acquire 6. Construction, a. Construction costs in­ curred by a utility subsequent to the date on built plans, to the extent necessary for the the utility’s interests therein, or to rearrange, State to verify costs, and/or for highway screen or relocate the utility’s facilities which the division engineer authorized the State to proceed with the relocation may be maintenance purposes, is> reimbursable. thereon, or both. Where the adjustment or 7. Agreements and authorisations, a. Ex­ relocation of utility facilities is necessary, reimbursed. Federal funds will not partici­ pate in any utility relocation (1) not neces­ cept as provided in paragraph 7p, where re­ the provisions of this memorandum apply. In imbursement is requested by the State, the such cases, the State shall determine, subject sitated by the construction of the highway project or (2) for changes made solely for the utility and the State shall agree in writing to concurrence by the division engineer, on their separate responsibilities in financing whether the added cost of acquisition attrib­ benefit or convenience of a utility, its contractor, or a highway contractor. and accomplishing the relocation work, either utable to the utility’s property interest or through the use of master agreements for b. Unless the utility work is made a part facilities which may be located thereon out­ relocation work to be encountered on an of the State’s highway construction contract weigh the aesthetic values to be received. areawide or statewide basis, or through the or performed under a separate contract let 5. Preliminary engineering and engineer­ use of individual agreements on a case by by the State, as agreed to by the utility ing services, a. Preliminary engineering work case or project basis, or both. The form of the and the State with the approval of the divi­ and other related preparatory work under­ written agreement is not prescribed. Said taken by or under the direction of a utility sion engineer, all utility relocations and all agreement shall incorporate this memoran­ work incidental to such relocation shall be shall be programed and authorized either as dum and any supplements and revisions performed by the utility with its own forces,, an expense incidental to the cost of reloca­ thereto by reference, and by inclusion there­ tion, or as part of the preliminary engineer­ or by a contractor paid under a contract let by the utility, or both. When the contractual in or by supplement thereto shall, for each ing phase of either the highway project as a relocation encountered, set forth: whole, or a separate utility relocation proj­ method is utilized, pursuant to applicable State law or regulation, Federal funds may (1) The basis, of the State’s authority, ect. Reimbursement may be approved for obligation, or liability to pay for the reloca­ such costs incurred after the date any of participate in the cost of the relocation, where it is demonstrated that the letting of tion (reference paragraph 3 of this memoran­ the foregoing phases of work are included in d u m ), an approved program, and preliminary engi­ a contract by the State was in the best in­ terest of the State, or that the letting of con­ (2) , The scope, description and location neering for utilities is authorized by the di­ of the work to be undertaken, vision engineer.- tract by the utility was necessary because the utility was not adequately staffed or equipped i.3> The method to be used by the utility b. Where a utility is not adequately staffed for developing relocation costs (reference to prosecute the relocation, Federal funds to perform the work with Its own forces at the time of relocation. paragraph 7g of this memorandum), may participate in the amounts paid to en­ (4) The method to be used for performing gineers, architects and others for required c. Where reimbursement is to be requested, any contract to perform work in connection the relocation work, either by the utility’s engineering and allied services, provided such forces or by contract, and amounts are not based on a percentage of with the utility relocation should be under e cost of relocation. Where reimbursement an award to the lowest qualified bidder who (5) That the facilities to be relocated to a position within the highway right-of-way requested by the State for the cost of such submitted a proposal in conformity with the will be accommodated in accordance with aoJ106?’ fixity and its consultant shall requirements and specifications for the work to be performed, as set forth in an appropriate the provisions of PPM 30-4.1. virile 111 writlnS 85 to the services to be pro- solicitation for bids, except as set forth in b. Where reimbursement Is requested by frw the fees and arrangements there- aderal-aid funds may participate in the paragraphs 6 d and e. Appropriate solicita­ the estate, said agreement shall be supported tion shall be accomplished through open ad­ by plans, specifications where required, and ina 861,71065 performed under exist- ug written continuing contracts where it is vertising in publications, or by circularizing estimates of the work agreed upon, which demonstrated that such work is regularly to a list of prequalified contractors or known shall be sufficiently informative and complete qualified contractors. A list of such con­ to provide the State and division engineer unrt°ritleC* ÎOr utility in its own work tractors shall be submitted to the State for with a clear showing of work required in r such contracts at reasonable costs. informational purposes in advance of the accordance with paragraphs 7 h and 1 of s expected the State and utility will, in­ solicitation for bids. this memorandum.

No. 239------2 FEDERAL REGISTER, V O L 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18722 RULES AND REGULATIONS

c. The division engineer shall indicate his where required, and a detailed cost estimate (4) By appropriate notes or symbols, that approval of the written agreement by en­ prepared in a manner that will permit com­ portion of the work to be accomplished, if dorsement thereon. Any conditions or quali­ parison with (he agreement and supporting any, at the sole expense of the utility. fications attached to his approval shall be plans, which will give the State and divi­ j. On projects where the State plans to re­ set out by letter from the division engineer sion engineer a clear understanding of the quest reimbursement for utility relocation to the State. Such approval and any condi­ work proposed. The agreement shall be sub­ costs, it is necessary to show under the char­ tions or qualifications attached thereto are ject to the prior approval of the State acter of work on Form PR-1 that “utility re­ for the purpose of informing the State the and the division engineer. Except where locations” are included. The utility work may extent that Federal funds are eligible to unit costs are used and approved, the esti­ be programed either as part of the right-of- participate in the costs incurred under the mate shall show such details as man-hours way acquisition phase, or the construction approved agreement, subject to the provi­ by class and rate; equipment charges by phase of the highway project, or as a sepa­ sions of this memorandum. type, size, and rate; materials and supplies rate utility relocation project. Where feasible, d. Where applicable, the written agree­ by items and price; and payroll additives arrangements should be made to program all ment shall set out by separate clause the and other overhead factors, with a state­ phases of the utility work under a single terms and amounts of any contribution ment of what is Included in each, and the project. made or to be made by the utility to the basis for determining the percentage used. k. Where reimbursement is requested, ex­ State in connection with payments by the Where determining whether the cost of re­ cept as otherwise provided by paragraphs 71 State to the utility under the provisions of location falls within the ceiling for lump and m, authorization by the division engineer paragraph 3. Federal funds are not eligible sum utility agreements, it is not necessary to the State to proceed with the physical ad­ to participate in any costs for which the to reflect the estimated costs of utility work justment or relocation of a utility’s facilities utility repays a State or political subdivision not attributable to the highway construction may be given. for the State’s pro rata share, or portions or not eligible for Federal fund participation. (1) On or after the date the utility relo­ thereof, of the cost of relocation. (4) Where work is to be performed by cation is included in an approved program, e. Where the relocation involves work to forces of a utility, the nature of whose regu­ as part of the right-of-way acquisition phase be paid by the State and work to be done at lar business is such that its accounting sys­ (program Stage 1 or 2) or construction phase the expense of the utility, and reimburse­ tem is not designed or required to classify, (program Stage 2 only) of a highway project, ment is requested by the State, the written record, and otherwise reflect the results of or as a separate utility adjustment project agreement shall state the share to be borne operation on a continuing basis in terms of (program Stage 2 only), and (2) At such time as the division engineer by each party; that is, by the State and by physical work items, the estimate of cost the utility. Reimbursement shall follow the shall include reference to the support to be is furnished and reviews plans and estimates reporting adequately the utility work pro­ basis of cost allocation set out in the agree­ (a) presented with the claim for reimburse­ posed, the location of the highway project ment, except where adjustment is required by ment, and (b) maintained by the utility and the utility relocation, and changes between the work planned and for subsequent review. The claim for reim­ (3) When the division engineer is fur­ accomplished. bursement shall be accompanied by a duly nished and reviews the proposed, or executed f. In the event there are changes in the certified post-construction - compilation of scope of work, extra work, or major changes agreement between the State and the utility, cost, showing such details as man-hours by and In the planned work covered by the approved class and rate; equipment by type, size, and agreement, plans and estimates, reimburse­ (4) When the division engineer is fur­ rate; materials and supplies by items and ment therefor shall be limited to costs cov­ nished a schedule for accomplishing the price. Upon review of claims as herein con­ ered by a modification of the agreement, or utility work based on the best information templated and as otherwise required, the a written change or extra work order, ap­ available at the time authorization is re­ State and Public Roads shall make such de­ proved by the State and. the division quested. terminations as are appropriate in the cir­ engineer. Emergency situations may be l. Where the basis of the State’s payment cumstances, including any necessity for audit processed in the manner prescribed by for the cost of relocation is to be made pur­ paragraph 7n. at the site of the utility. suant to the conditions under paragraph g. Agreements shall set forth the method h. The estimate in support of the agree­ 3a(l), the division engineer shall not issue of developing the relocation costs which ment shall set forth the items of work to be authorization to proceed with a utility re­ shall be one of the following alternatives: performed, broken down as to estimated cost location, until the State has submitted to the (1) Actual direct and related indirect of labor, construction overhead, materials division engineer a statement signed by the costs accumulated in accordance with a work and supplies, handling charges, transporta­ State highway official having the final au­ order accounting procedure prescribed by the tion and equipment, rights-of-way, pre­ thority over utility adjustments, certifying applicable Federal or State regulatory body. liminary engineering, and construction the following: engineering, including an itemization of ap­ (2) Actual direct and related indirect (1) That the utility has a real property propriate credits for salvage, betterments, costs accumulated in accordance with an es­ interest in the land occupied by its facilities, and expired service life, all in sufficient detail tablished accounting procedure developed by the damaging or taking of which is com­ to provide the State and division engineer a the utility and approved by the State and pensable in eminent domain, and the division engineer. Where such a proce­ reasonable basis for analysis. The factors (2) That It has on file, evidence of the dure is proposed by a utility, approval by the that will be included in the utility’s con­ utility’s title to a compensable real property division engineer will be limited to an ac­ struction overhead account shall be set interest. Where the utility’s property inter­ counting procedure which the utility uses forth. Materials are to be Itemized where est is not a matter of public or private rec­ in its regular operations. they represent relatively major components ord, an opinion by the State’s legal counsel or cost in the relocation. Unit costs, such as of the utility’s property interest will be ac­ (a ) The use of unit costs, such as broad broad gage units of property, may be used cepted in lieu thereof. gauge units of property, where the utility for estimating purposes where the utility maintains and regularly uses such unit costs Tr> exceptional circumstances, and for good uses such units in its own operations. in Its own operations will be considered as cause shown by the State, the division en­ i. The supporting plans or drawings for meeting the requirements under paragraphs gineer may, at his discretion, waive the r®" 7g (1) and (2) above, provided a determina­ the utility relocation shall be sufficiently quirement of submittal of the above certifi­ tion is made by the State, subject to the informative to provide a clear picture of the cation as a condition precedent to authoriza­ concurrence of the division engineer, that work to be done and shall show: tion to proceed. Such certification, however, such unit costs and supporting records are (1) The location, length, size and/or ca­ shall in all instances be a condition prece­ representative of the actual direct and re­ pacity, type, class, and pertinent operating dent to Federal reimbursement. lated indirect costs, accumulated under the conditions and design features, of existing, m. Where mutually agreed to by the State accounting procedure prescribed by the regu­ proposed, and temporary facilities, includ­ and division engineer, arrangements may latory body having jurisdiction over the ing proposed changes thereto, and disposi­ made for advance authorization of «tuny utility or the accounting procedure approved tion thereof, all by appropriate nomencla­ relocation work. Either at the time of pr by the State and division engineer. ture, symbols, legend, notes, color-coding or gram approval or later, the division eI*&ln (3) An agreed lump sum where the esti­ the like; may issue a letter of authorization u> mated cost to the State of the proposed (2) The project number, plan scale, and State, on a selected construction location, adjustment does not exceed $5,000, and where date, the horizontal and, where appropriate, proceed with any or all necessary utili y the State and the division engineer are the vertical location of the utility facilities location work within a project, incl^ ° satisfied that the utility’s cost estimate and in relation to the highway alinement, geo­ preliminary engineering, related preparat j method of estimating, including the use of metric features, stationing, grades, struc­ work and replacement right-of-way acquis unit costs, such as broad gauge units of tures, and other facilities, proposed and tion, but with the understanding that vn property, where used by the utility in its existing right-of-way lines, and where ap­ actual physical adjustment or relocation o own work, are adequate to support the plicable, the access control lines; any utility facilities will not be undertaK lump sum method. The lump sum agreement (3) Where applicable, the limits of right- until, and unless, the division engine furnished and approves for each relocatio , shall be supported by a plan prepared in of-way to be acquired from, by or on behalf the proposed or executed agreement b accordance with paragraph 7i, specifications of the utility; and

FEDERAL REGISTER. VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 RULES AND REGULATIONS 18723 the State and the utility, including the sup­ at accounts shall be the general controlling (3) Where an affirmative finding is made porting plans and estimates therefor. The factor. that, & credit for the value of expired service cost of replacement right-of-way so acquired 9. Reimbursement basis, a. Where payment life is due to the project, the credit to be and actually incorporated in the finally by the State for the costs of relocation is given shall be in an amount bearing the approved utility relocation will be eligible made pursuant to the provisions of paragraph same proportion to the original cost of the for Federal participation. 3 of this memorandum, and such payment Is facility being replaced as its existing age n. Where unforeseen circumstances during for the entire amount paid by, or on behalf bears to its estimated total life expectancy. construction of the highway project neces­ of, the utility properly attributable to the (4) “The estimated total life expectancy” sitate adjustment or relocation of utility relocation, after deducting therefrom any in­ is the sum of the period of actual use and facilities, arrangements therefor, can and crease in the value of the new facility, and the period o f expectant remaining service should, be made promptly by the State, and any salvage value derived from the old facil­ life. The period of expectant remaining life may be confirmed by telephone with the ity, reimbursement of such costs may be may be taken from the utility’s records, es­ division engineer. Where necessary to pre­ approved, subject to the following tablished through the use of age-life curves, vent undue delay or interference with the understandings: or determined by the interested parties^ highway construction, the division engineer (1) “The entire amount paid by or on be­ through field inspections, giving due con­ may establish a date of eligibility for such half of the utility properly attributable to sideration to the quality and frequency of work and authorize the State to proceed the relocation” shall mean the cost of adjust­ maintenance. subject to his subsequent review and ap­ ing or rearranging the existing facility, or (5) Where original costs are not ascertain­ proval of a satisfactory State-utility agree­ providing a replacement facility functionally able from the utility’s accounts and records, ment therefor. Any oral arrangements so equal to the facility, or portion thereof, being they may be estimated by trending back made shall be confirmed in writing, to the replaced, including the cost of any additions, present day costs. State, by the division engineer. improvements, removals, or replacement (6) 1 The burden of proof of any exceptions o. Federal funds may not reimburse the right-of-way necessitated by, or in to the foregoing requirements lies with the State for costs of utility relocations: accommodation of, the highway project. utility company and will require written ex­ (1) Until and unless the division engineer (2) The deduction for “any increase in planation to demonstrate that the replace­ approves the executed agreement between value of the new facility” shall include a ment facility will not remain in useful serv­ the State and the utility (except as provided credit to the project for the cost of: ice for a longer period than''the existing in paragraph 7 p ), and (a) Any betterments in the facility being facility would have remained in service, had (2) Until and unless a project agreement replaced or adjusted, and the replacement not been made, and the which includes the work is executed, and (b) Where appropriate, any increase in reasons therefor. (3) Which are not required by the finally value attributable to the substitution of a (7) Exceptions claimed on the basis of approved project location and highway con­ replacement facility for an existing facility, predicted functional obsolescence of the re­ struction plans. as determined in accordance with the placement facility must be substantiated by p. Where all efforts of the State and the provisions of paragraph 9b. formal and planned utility work programs, utility fail to bring about written agreement (3) The deduction for “any salvage value schedules, or equally suitable documentation, of their separate responsibilities under the derived from the old facility” shall include and the utility must satisfactorily demon­ provisions of this memorandum, the State a credit to the highway project for the value strate and justify the reasons why the shall submit its proposal and a full report of of the materials removed, as determined in planned replacement and expansion cannot accordance with thé provisions of paragraphs the circumstances to the division engineer. be accomplished at the time of the highway- 11 b and c of this memorandum. (1) The division engineer shall make ap­ utility relocation. Exceptions claimed on the b. In any instance where the relocation in­ propriate investigation and submit his re­ basis of predicted economic obsolescence of volves the substitution of a replacement port and recommendations through- the the replacement facility must also be sub­ facility for an existing facility, a determina­ regional engineer ¿o the Director. Conditional stantiated by suitable documentation. Where tion shall be made whether à credit is due authorization for the work to proceed' may such exceptions are substantiated and dem­ to the project for the value of the expired be given to the State, with the ’inderstanding onstrated to the satisfaction of the State service life of the facility being replaced, that Federal funds will not be paid for work and division engineer, an analysis shall be except as provided in paragraph 9b (I ) . Such done by the utility, until the Director has made to determine any increase in value to credit shall take into account the effect of given his approval to the State’s proposal. such factors as wear and tear, action of the the utility resulting from the predicted early (2) The Director will consider for approval elements, and functional or economic ob­ retirement and salvage of the replacement any special procedure under State law, or solescence of the existing facility, not re­ facility. appropriate administrative or judicial order, stored by maintenance during the years prior (8) The credit to be obtained for expired or under blanket master agreements with to the relocation. service life shall be determined jointly by the the utilities, that will fully accomplish all f t } A credit to the project for the value utility company and the State, subject to of the foregoing objectives, and accelerate the of the expired service life of the facility being concurrence by the division engineer, and advancement of the construction and com­ replaced will not be required where such shall be set forth in the detailed estimate pletion of projects. facility involves only: supoorting the agreement between the utility 8. Recording of costs, a. All utility reloca­ (a) Utility line crossings of the highway, and the State. tions will be recorded by means of work or c. Additional costs incurred by a utility orders or job orders, except as otherwise (b) Segments of a utility line, other than resulting from complying with governmental approved under paragraphs 7g (2), (3), utility line crossings of the highway, less than or industry codes, or current design practices and (4). 1 mile in length, provided the replacement regularly followed by the utility in its own work may be reimbursed provided either of b. Where the relocation costs are to be de­ facility for such a segment is not of greater the following conditions are satisfied, as veloped pursuant to the methods outlined in functional capacity or capability than the one it replaces, and includes no betterments. determined by the State with the concur­ paragraphs 7g (1) or (2), the individual and rence of the division engineer: total costs properly reported and recorded (2) The following shall constitute prima (1) There is a direct benefit to the high­ in the utility’s accounts, in accordance facie evidence that a credit is due to the proj­ way project, for example, improved appear­ with the approved method for developing ect for the value of the expired service life ance, increased highway safety, or added such costs, shall constitute the maximum of the facility being replaced: protection. amount on which Federal fund participation (a) Where the replacement facility is func­ (2) Compliance with such codes or prac­ may be based for the work performed under tionally equal to the existing facility which tices is required under Federal, State, or local the approved utility agreement. Separate it replaces, and such existing facility involves governing laws and ordinances. work orders may be issued for additions and a segment of a utility line 1 mile or more in d. Except as provided for under paragraph retirements, or the retirements may be in­ length. 9c of this memorandum, where the utility cluded with the construction work order, (b) Where the replacement facility is elects to install, or it is current practice in provided, however, that all items relating to other than a segment of the utility’s service, the utility’s own operations to install, facili­ retirements shall be kept distinctly separate distribution or transmission lines, such as ties of a type different than the facilities rrom those relating to construction. a building, pumping station, filtration plant, being replaced, for example, the substitution c. Each utility shall keep its work order power plant or substation, production, or of ACSR for copper conductors, underground ystem in such manner as to show the nature transfer or storage facilities, and any other cables for aerial lines and the like, reimburse­ fa addition to, or. retirement from a similar operating units of a utility’s physical ment shall be limited to the cost of providing Uity, the total cost thereof,-and the source plant or operating facilities. the most economical replacement facility, or or sources of cost. (c) Where the replacement facility in­ restoration of service, functionally equal to . j ,'Ple Provisions of paragraphs 10, : volves betterments, or is of greater functional the one being replaced. lin , are intended for use as general { capacity or capability than the one it re­ e. Where an addition to an existing facility i r r “ V th€ development of reimbu places, except for utility line crossings of is required by the highway construction, such Xt further intended that cost de the highway as provided in paragraph 9b as an increase in the length of a relocated under prescribed or approved sj (!);(& ) • utility line, the actual costs of the addition

FEDERAL REGISTER, V O L 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18724 RULES AND REGULATIONS are reimbursable to the extent the materials stock and stockholder’s expenses and similar original cost of the existing material, or (2) in the addition are not of a type or a class costs are not considered as necessary and the current cost of the replacement superior to the materials in the facility to incident to the performance of the re­ materials. which the addition is extended, except that location and are not eligible for Federal c. Materials Recovered From Temporary the cost of any improvement in type or class participation. Use: which is required in connection with the (3) Premiums paid to an insurance com­ (1) Materials recovered from temporary construction of the project is reimbursable. pany for Workmen’s Compensation, Public use in connection with a highway project, f. Where necessitated by the highway proj­ Liability and Property Damage Insurance will which are in suitable condition for reuse by ect, Federal funds are eligible to participate be reimbursed where, and to the extent, It is the utility, shall be credited to the cost of in the costs incurred for rehabilitating, mov­ determined that, the amounts of the pre­ the project at stock prices charged to the ing, or replacing buildings of a utility com­ miums are the products of the proper rates job, less ten (10%) percent for loss in service pany, including the equipment and operat­ applied to the amounts of paid salaries and life. The State and division engineer shall ing facilities therein, which are used for the wages, exclusive of vacation pay or allow­ ¿ave tSie right to inspect all recovered ma­ production, transmission, or distribution of ances, and are acceptable to the State and terials not reusable by the utility. Notice' the utility’s products. Except where it is division, engineer. shall be given as provided by paragraph demonstrated that the existing building (4) Where it has been the policy of the llb (2 ). and/or facilities are required to remain in utility to self-insure against public liability (2) Items of materials recovered from tem­ place and in service until a (nqw) replace­ and property damage claims, reimbursement porary use which are unsuitable for reuse ment building and/or facilities are con­ will be at the rate developed by the utility, by the utility, and which have been deter­ structed and in service at a new location, an or in the absence thereof, at a rate not in mined to have a sale value, shall either be analysis shall be made by the State to deter­ excess of 1 percent of salaries and wages sold, following an appropriate solicitation mine the cost and feasibility of each of the charged to the job. for bids, to the highest bidder, or if the util­ following : (5) The records supporting the'entries for ity regularly practices a system cf disposal overhead costs shall be so kept as to show the by sale which has been determined to be (1) To rehabilitate the building at its total amount, rate, and allocation basis of the most advantageous to the utility, credit existing location, each additive, and be subject to audit by rep­ shall be at the going prices for such used or (2) To move it as a unit intact to its new resentatives of the State and Federal Govern­ scrap material as are supported by the location, ment. records of the utility. The proceeds of the (3) To dismantle it and reassemble or re­ 11. Materials and supplies, a. Costs: Mate­sale shall be credited to the cost of the proj­ construct it at its new location, or rials and supplies shall be billed at inventory ect. The sale shall be conducted by the (4) To replace it with a new building at prices when furnished from the utility’s utility or at its request, by the State. In no the new location. stocks, and at actual cost to the utility when event shall the State or the company be con­ Reimbursement may be approved for the the materials'and supplies are not available sidered as an acceptable bidder for such costs incurred under the most feasible and , from the utility stocks and must be pur­ material. economical solution available, less appropri­ chased for the relocation. The costs of han­ d. The cost of salvage shall not exceed the ate credits for salvage and betterments, as dling at stores or at material yards, the costs valufr of the recovered material, which value determined by the State, subject to concur­ of purchasing, the costs of inspection and shall be determined as provided in para­ rence by the division engineer. Where a (new) testing, and any charge for general overhead graphs l i b and c. replacement building and/or (new) equip­ expense are provided for under paragraph 111. e. The cost of moving recovered materials ment or facilities therein are constructed, When not so allocated in the utility’s over­ from the job site to stores or storage point credit will also be given to the project in ac­ head accounts, they may be included in the nearest the job will be reimbursed, subject cordance with paragraph 9b. computation of the prices of materials or to the provisions of paragraph Ilf. g. In no event will the total of all credits supplies. The computation of costs of mate­ f. Reimbursement of removal costs, as required under the provisions of this memo­ rials and supplies shall include the deduction reduced by the salvage value ,ot materials randum exceed the total costs of adjustment, of all offered discounts, rebates, allowances, removed, may be approved subject to the exclusive of the cost of improvements neces­ and intercompany profits. In those instances following conditions: sitated by the highway construction. where the book value does not represent the (1) Where the existing facilities are being 10. Labor costs, a. Salaries and wages billedtrue value of used materials, they shall be replaced by reason of the highway construc­ at actual rates or at average rates accounting charged to the project at the same rate used tion, provided: for productive labor hours, retroactive pay by the utility in its own work, but in no (a ) Such removal is necessary to accom­ adjustments, and expenses paid by a utility event shall they be charged at more than the modate the highway project, or to individuals during the periods of time they value determined in accordance with the (b ) The existing facilities cannot be are engaged in the utility relocations are re­ foregoing provisions of this paragraph. abandoned in place, or imbursable when supported by adequate rec­ b. Materials Recovered From Permanent (c) Where it is demonstrated that the ords, except for engineering or inspection Facility: estimated salvage value of the materials to charges which are being reimbursed under (1) Materials recovered in suitable condi­ be removed will equal, or exceed, the total the utility’s construction overhead account. tion for reuse by the utility, in connection cost of removal, taking into account all re­ Costs to the utility of vacation, holiday pay, with construction or retirement of property, lated charges for reconditioning, handling, company-sponsored benefits, and similar shall be credited to the cost of the project and transporting the materials to be costs incident to labor employment, will be at current stock prices; or if a utility charges removed. reimbursed when supported by adequate recovered material to the material and_ (2) Except as otherwise provided under records. These may include individuals who supply account at original cost or a per ^ paragraph 4e, where the existing facilities are are engaged in the direct and immediate centum of current price new, and the utility not being replaced by reason of the highway supervision of the work at the site of the follows a consistent practice in this regard, construction, provided: project and in the actual preparation of the the work order shall receive credit accord­ (a ) Removal is necessary to accommodate plans and estimates of the relocation. ingly. The foregoing shall not preclude any the highway project, b. Overhead Construction Costs: additional credits when such credits are (b ) The State has authority to pay the (1) So that each relocation shall bear its required by State law or regulations. removal costs, equitable proportion of such costs, all over­ (2) The State and the division engineer (c) The utility is not obligated by law, head construction costs not chargeable di­ shall have the right to inspect recovered ordinance, regulation, franchise, writte rectly to work order or construction accounts materials prior to disposal by sale or scrap. agreement or legal contract to remove its sued! as, general engineering and supervision, This requirement will be satisfied by the facilities at its own expense, and general office salaries and expenses, construc­ utility giving written notice, or oral notice (d ) A credit is given to the project for tne tion engineering and supervision by other with later written confirmation, to the State salvage value of the materials removed, n _ than the accounting utility, legal expense, of the time and place the materials will be to exceed the cost of removal and relatea insurance, relief and pensions and taxes shall available for inspection. This notice is the charges. ,. be charged to the relocation on the basis of responsibility of the utility, and it may be g. Where removal of the existing facilities the amount of such overhead costs reason­ held accountable for full value of materials s necessary by reason of the highway con­ ably applicable thereto. The instructions con­ disposed of without notice. struction, but the materials to be jemov tained herein shall not be interpreted as per­ (3) If recovered materials are not suitable ire not suitable for reuse by. the utility, mitting the addition to utility accounts of for reuse by the utility, they shall be disposed their recovery is not economical, the s arbitrary percentages or amounts to cover of as outlined in paragraph 11c (2). shall determine, subject to concurrence y assumed overhead costs, but as accepting as­ (4) Where the (new) replacement facility ;he division engineer, which is the m signment to the relocation of actual and includes materials of a type different than iesirable and economical method of rein reasonable overhead costs. the materials being replaced, for example, to employ, for example, by the utility o (2) The oost of advertising and sales pro­ aluminum for copper and the like, the credit jontractor, by the highway contractor, ? J motion, interest on borrowed funds or charges for the materials recovered from the existing i separate clearing contract let by the S • for the utility’s own funds when so used, facility shall not exceed whichever is the h. Where, pending their subsequent resource planning and research programs, greater of the following amounts: (1) The noval or abandonment, utility lines

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 RULES AND REGULATIONS 18725 be deactivated and rendered harmless as a quirements would seriously impair the prose­ comparison with the approved plans and esti­ necessary safety and protective measure to cution of the utility work or highway con­ mates. Materials are to be itemized, where the public or highway project, for example, struction, Federal funds may participate in they represent major components or cost in by capping, plugging, or otherwise altering the cost of equipment rental provided the the relocation, following the pattern set out such lines, Federal funds may participate to utility can demonstrate to the satisfaction to the approved estimate as closely as is payments so made by the State, exclusive, of of the State and the division engineer the possible. It is desirable that salvage credits removal costs, provided- above circumstances existed, and the rental from recovered and replaced permanent and (1) The work is necessitated by the high­ charges so incurred were reasonable and did recovered temporary materials be reported way project, and not result in an expenditure in excess of that to the bill in relative position with the charge (2) The State has authority to pay such justified by the prevailing conditions. for the replacement or the original charge for costs, and d. Where the relocation work is to be per­ temporary use: The final billing shall show: (3) The utility is not obligated by law,, formed by forces of a utility through the (1) The description and site of the project; ordinance, regulation, franchise, written use of its own equipment, the accounting pro­ (2) The Federal-aid project numberr agreement or legal contract to do the work cedures and reimbursement standards es­ (3) The dates on which the State-utility at its own expense, or tablished under paragraphs 12 a, b, and c of agreement was executed and the first work (4) The work is a necessary and incidental this memorandum shall apply except where was performed or; if preliminary engineer­ expense to the costs of relocation and/or the accounting system of the utility does not ing or right-of-way items are involved, the removal which are eligible for Federal fund provide for capitalization of items or equip­ date on which the earliest item of billed ex­ participation under the provisions of para­ ment acquired and recovery of original cost pense was incurred; graphs 3 and Ilf of this memorandum. through depreciation, and use rates cannot (4) ; The date on which the last work was i. The costs of supervision, labor, andbe readily determined from the records of the performed or the last item of billed expense expenses incurred in the operation and main­ utility. Upon determination by the State and was incurred; and tenance of the storerooms and material the concurrence therein of the division en­ (5) The location where the records and yards, including storage, handling and dis­ gineer that the utility’s accounting system accounts billed can be audited. tribution of materials and supplies, the costs is inadequate in such respects, and that it is c. The utility shall make adequate refer­ of purchasing, and the costs of testing and not economically feasible to develop such ence in the billing to its records, accounts inspection, are reimbursable. Costs deter­ costs, under the reimbursement standards set and other relevant documents. mined by a rate, or other equitable method of forth in the foregoing mentioned subsections, d. All records and accounts are subject distribution which is representative of the then eligibility for reimbursement of costs to audit by representatives of the State and costs to the utility, may be reimbursed. incurred will be dependent upon: Federal Government. During the progress 12. Equipment, a. Accumulation of Costs : (.1.) Approval by the State and concur­ of construction and for a period not less than Accounts for transportation and heavy rence therein by the division engineer of a 3 years from the date final payment has been equipment are used for the purpose of accu­ detailed cost estimate submitted by the util­ received by the utility company, the records mulating expense and distributing them to ity which shall include: and the accounts pertaining to the construc­ the accounts properly chargeable with the (a) Description, rates, hours, compensa­ tion of the project, and accounting therefor, services. Among the items of expense clear­ tion and number of units of equipment will be available for inspection by the repre­ ing through these accounts are the following : proposed for use on the relocation, sentatives of the State and Federal Govern­ Depreciation; fuel and lubricants for vehicles (b) An adequate explanation of the basis ment. (including sales and excise taxes thereon))' for developing the rates which the utility e. Reimbursement for a final utility bill­ freight and express on fuel and repair parts, proposes as compensation. ing shall not be approved until and unless heat, light, and power for garage and ga­ (2) Incorporation in the State-utilitythe State furnishes evidence that it has paid rage office; insurance (including public liabil­ agreement, or by supplemental letter agree­ the utility from its own funds, or funds of a ity and property damage insurance) on ga­ ment, of the classes and types of equipment political subdivision, pursuant to State law rage equipment, transportation equipment and the proposed compensation for each. and subject to paragraphs 3c and 7d of this and heavy work equipment; license fees for e. The division engineer may require such memorandum and, except for lump sums, vehicles and drivers; maintenance of trans­ verification or further Justification as will following an audit of the costs included in portation and garage equipment, operation of provide him assurance as to the reasonable­ the final billing. garages; and rent of garage buildings and ness for the compensation to the utility for 15. Accommodation and installation. grounds. the use of its equipment. a. Utility facilities which are retained, in­ b. Reimbursement of Equipment Costs: 13. Transportation o f employees, a. The stalled, adjusted or relocated within the The equipment expenses may include the cost cost of essential transportation performed right-of-way of a Federal-aid project are to of supervision, labor, and expenses incurred in automobiles or trucks owned by the util­ be accommodated in accordance with the in the operation and maintenance of the ity shall be considered to have been reim­ provisions of PPM 30—4.1. transportation equipment and heavy equip­ bursed in the payment of the operating b. In instances where utility facilities are ment of the utility, including direct taxes and costs of the conveyance equipment or of the to use and occupy the right-of-way of a pro­ depreciation. rates representative of the equipment oper­ posed Federal-aid project, on or before the c. Reimbursement will be limited to ating expenses as provided herein under State is authorized to proceed with the phys­ charges which account for costs to the util­ "Equipment." ical construction of the highway project, ity of expenses for equipment used (para­ b. Reimbursement for the required use the State is to demonstrate to the satisfac­ graphs 12 a and b). Arbitrary or otherwise of automobiles which are privately owned tion of the division engineer that: unsupported equipment use charges will not by employees of the utility will be limited (T) A satisfactory agreement has been be reimbursed. to the established rates at which the utility reached between the State and all utility (1) Small Tools: Reimbursement for the reimburses its employees for use in connec­ owners or the owners of private lines in­ use of small tools on a project will be made tion with its own construction and main­ volved, in accordance with PPM 30-4.1, or on the basis of tool expenses accumulated in tenance projects and operations. arrangements therefor are underway leading and distributed through the utilities clearing c. Reimbursement may be made for the to such agreement prior to the final accept­ accounts, or other equitable and supportable cost of required commercial transportation ance of the highway construction project by allocation basis; otherwise, it will be limited by employees of the utility. Public Roads, and to actual loss or damage during the period of 14. U tility bills, a. Periodic progress bill­ (2) The interest acquired by, or vested use. in the latter case, the loss or damaga ings of incurred- costs may be made by a with, the State in that portion of the high­ shall be billed in detail and supported to the utility, if acceptable to the State, and reim­ way right-of-way to be vacated, used, or satisfaction of the State and division bursement may be approved for claims of occupied by the utility facilities or private engineer. this type received from a State. lines is of a nature and extent adequate for (2) Rental: Where the utility does not b. One final and complete billing of all the construction, operation and maintenance equipment available of the kind or type costs incurred shall be made by the utility of the highway project, and required, reimbursement will be limited to at the earliest practicable date after com­ (3) Suitable arrangements have been ® of rental paid to the lowest quali- pletion of the work. The statement of final made between such owners and State for bidder following an appropriate solieita- billing will follow as closely as possible the accomplishing, scheduling and completing n ? *;or quotations from owners of the re- order of the items in the estimate portion of the relocation or adjustment work, for the ?lnd or type of equipment. Existing the agreement between the State and the disposition of facilities to be removed from i ,. muing contracts for rental of transpor- utility. Except where the estimate and final or abandoned within the highway right-of- ratimi and heavy equipment, which the util- billing are made pursuant to the require­ way, and for the proper coordination of such erm*nes ^o be of the most advantage ments of paragraph 7g(2) (a ), the statement activities with the planned highway con­ , °Perations, may be considered as com- of final billing shall be itemized to show the struction. Such arrangement should be made p y ng with these requirements. In the event totals for labor, overhead construction costs, at the earliest feasible date in advance of i]tin+,fDlerf enc^’ such as a breakdown of the travel expense* transportation, equipment, the planned highway construction, and y equipment or Where additional equip- material and supplies, handling costs, and (4) The bid proposals for the highway and/m°* eriginally contemplated is needed* other services. In any case, the billing shall contract include appropriate notification compliance with the foregoing re- be shown in such a manner as will permit identifying the utility work which is to be

FEDERAL REGISTER, V O L 35, NO. 239— THURSDAY, DECEMBER ID, 1970 18726 RULES AND REGULATIONS undertaken concurrently with the highway memorandum, as determined after appropri­ h. At least once a year a representative construction, in accordance with paragraph ate audit by or for the State. sample of agreements processed under the 7b of PPM 21-12, and c. Upon receipt of the formal application alternate procedure shall be selected and re­ (5) The plans for the highway projectby the State for approval of the alternate viewed by the division engineer and reported have been prepared in accordance with the procedure, the division engineer will review to the Regional Administrator. provisions of paragraph 41 of PPM 40-3.1. the State’s submission, utility organization i. Any changes, additions or deletions the 16. Alternate procedure, a. This paragraphand staffing and evaluate the State’s practices State proposes to the alternate procedure establishes an alternate procedure for proc­ and procedures thereunder. Where available, approved by the Regional Administrative essing State-utility relocation agreements, or he may use his current evaluation of the pursuant to this paragraph are to be sub­ individual adjustments under a State-utility State’s utility practices and procedures for mitted by the State to the division engi­ master agreement, where the total estimated this purpose. A report of the division engi­ neer for his review, recommendations and cost to the State of the utility work properly neer’s findings and recommendations on the referral to the Regional Administrator for attributable to the highway construction adequacy of the State’s policies, procedures, approval prior to implementing the pro­ does not exceed $25,000. This may include practices, and organization is to be submitted posed modifications. Such requests by the agreements entered into under paragraphs to the Regional Administrator along with State, must be accompanied by a statement 3d and 7n. It also applies to State-utility the State’s formal application. signed by the chief administrative officer lump sum agreements entered into under d. When the Regional Administrator is of the State highway department, verify­ paragraph 7g(3) but does not alter the $5,000 satisfied that the State’s alternate procedure ing the certification made under paragraph ceiling therefor. Except as provided by para­ and policies and practices thereunder form a 16b (2) and its application to the proposed graphs 16 e and k, the State will act in the suitable basis for approving reimbursement modifications. The division engineer may relative position of the division engineer for with Federal-aid highway funds, he will continue to approve utility work under the reviewing and approving the arrangements, approve the alternate procedure and author­ previously approved alternate procedure, fees, estimates, plans, agreements and other ize the division engineer to process Federal- pending approval of the proposed modifi­ related matters associated with utility re­ aid State-utility relocation agreements and cations. locations required by this memorandum as related matters undt the alternate proce­ j. The Regional Administrator may sus­ prerequisites for authorizing the utility to dure. A copy of the reports, approved alter­ pend approval of the certified procedure and proceed. The alternate procedure may be ap­ nate procedures and related actions taken direct the division engineer to resume ap­ proved for use in any State desiring to adopt pursuant to paragraphs 16 c, d, h, i, and j proval of all utility relocations, where Pub­ it, when the provisions of paragraphs 16 b, shall be furnished to the Office of Right-of- lic Roads utility reviews disclose instances c, and d are satisfied. Way and Location. of noncompliance with the terms of the b. The State is to file a formal application e. When the alternate procedure has been State’s certification. Federal-aid funds will with Public Roads for approval of the alter­ approved for use in a State, the division nate procedure for processing Federal-aid not be eligible to participate in utility relo­ engineer may authorize the State to proceed cation costs incurred by the State that do State-utility relocation agreements, where with utility relocations in accordance with the total estimated cost to the State under not qualify under the terms of the certifica­ the certification previously furnished under tion made pursuant to paragraphs 16 b(2) each relocation agreement, or individual ad­ paragraph 16b(2), provided: justments under a master agreement, does and i. (1) The utility work has been included k. Should significant or unusual engineer­ not exceed $25,000, or a lesser ceiling amount in an approved program. established at the election of the State. The ing problems be encountered or questions (2) The State has requested in writing arise on the extent of Federal participation application must be accompanied by the fol­ the specific authorizations and approvals lowing: under utility agreements processed under desired, including a general description, loca­ the alternate procedure, the State should (1) The State’s written policies and pro­ tion and estimated cost of the facilities to be cedures for administering and processing request the review and advice of the divi­ adjusted or relocated under each agreement Federal-aid utility adjustments, which must sion engineer before proceeding with the involved. make adequate provisions with respect to utility work. Proposed State-utility agree­ (3) The total estimated cost to the State ments involving a basis of reimbursement the following: of the utility work under each relocation (a) Compliance with the requirements of uQder paragraph 3b, not previously estab­ agreement, or individual adjustment under this memorandum and the provisions of lished to the satisfaction of Public Roads, a master agreement, attributable tp the high­ and relocations falling within the scope PPM 30-4.1. way construction, does not exceed the ceiling (b) Advance utility liaison, planning and of paragraph 7p must be submitted to Public amount established under the provisions of coordination measures for providing ade­ Roads for approval prior to proceeding with paragraph 16b. quate lead time and early utility relocation the utility relocations. Proposed use and f. The requests ant' authorizations pre­ to minimize interference with the planned occupancy agreements, described under scribed under paragraph 16e should be made highway construction. paragraph 7f of PPM 30-4.1, must be sub­ at the earliest feasible date in advance of the (c) Appropriate administrative, legal and mitted to Public Roads for prior concurrence planned highway construction and, pref­ engineering reviews and coordination pro­ regardless of the cost of the utility reloca­ erably, where sufficient information is avail­ cedures as necessary to determine the legal tion or installation and regardless of who able, on a project-wide basis. The purpose is basis of the State’s payment; the extent of bears the cost. to provide adequate lead time for planning, eligibility of the work under State and Fed­ scheduling and accomplishing the utility re­ Certification of Consultant eral laws and regulations; the more restric­ location work with minimum interference to tive payment standards under paragraph le; I hereby certify that I am t h e ------the planned highway construction and to the necessity of the proposed utility work and (Title) reduce the number of such requests and its compatibility with proposed highway im­ ______and duly authorized représent­ authorizations on each project to the mini­ provements; and provide for uniform treat­ ative of the firm o f ------mum needed for this purpose. Authorization ment of the various utility matters and ac­ whose address is ------— 1 may be given to the State at the time of pro­ tions, consistent with sound management and . gram approval or later, provided the condi­ practices. That, except as expressly stated and de­ (d ) Documentation in the State flies of tions under pargraph 16e have been satisfied. scribed herein, neither I nor the firm oi actions taken in compliance with State poli­ Such authorizations may be combined with ______has, in connection cies and the provisions of this memorandum. the authorizations issued under paragraph with its contract w ith ------(2) A statement signed by the chief ad­ 7m, with the understanding that later re­ (Name of utility) ministrative officer of the State highway de­ ferral of th State-utility agreements, sup­ entered into pursuant to provisions of W* partment certifying that: porting plans and cost estimates to the divi­ agreement between the aforementioned ut * • (a) FederAl-aid utility relocations will be sion engineer for review and approval will ity and the State o f ------» as a par processed in accordance with the applicable not be required for relocations authorized of Federal-aid pro ject------— > . provisions of PPM 36-4 and the State’s utility pursuant to paragraph 16e. (a) Employed or retained for a commis­ policies and procedures submitted under g. Modification of the State-utility reloca­ sion, percentage, brokerage, contingent > paragraph 16b(l), tion agreement, or change or extra work or other consideration, any firm, company^ (b) The State’s administration of utility orders prescribed by paragraph 7f need not or person, other than a bona fide employ relocation matters will be directed toward ob­ be submitted to the division engineer for working solely for me or the aforementio taining the most feasible and economical approval under the alternate procedure, un­ firm, to solicit or secure the contract, or utility relocation solutions available, giving less the revised total estimated cost to the (b ) Agreed, as an express or implied con due consideration to safety, appearance, and State under each agreement exceeds either dition for obtaining the award of the c other highway objectives, and of the following: tract, to employ or retain the servi° ® V n (c) Reimbursement will be requested in (1) 25 percent of the agreement amount any firm, company, or person in connec only those costs properly attributable to the initially authorized under paragraph 16e, or with the carrying out of the contract, o proposed highway construction and eligible (2) 10 percent of the ceiling amount estab­ (c) Paid, or agreed to pay, to jay for participation under the provisions of this lished under paragraph 16b. company, organization, or person, other

FEDERAL REGISTER, VOL. 35, NO. 239—-THURSDAY, DECEMBER 10, 1970 RULES AND REGULATIONS 18727 a bona fide employee working solely for me be adjusted or relocated under paragraph g. "Highway” means any public way for or the aforementioned firm, any fee, contri­ 6c. It shall not be applied to a minor segment vehicular travel, including the entire area bution, donation, or consideration of any of an existing utility installation in such a within the rights-of-way and related facil­ bind for, or in connection with, procuring manner as to result in misalinement of the ities, constructed or improved in whole or in or carrying out the contract. installation or adjustment of the entire in­ part with Federal-aid or Federal highway (Statement and explanation of exceptions, stallation except in those cases where a haz­ funds. if any) : ardous condition exists as defined in para­ h. “Freeway” means a divided arterial graph 6c. Where existing installations are to highway with fu ll control of access. remain in place within the rights-of-way i. “Director” means the Director of the without adjustment, the State and utility Bureau of Public Roads, Federal Highway are to enter into an agreement under para­ Administration. I acknowledge that this certificate is to graphs 6h or 9, as may govern, or existing J. “Regional Administrator” means the be furnished to the State highway depart­ agreements in effect at the time of the high­ Regional Administrator of the Federal ment and the Federal Highway Administra­ way construction may be accepted, or Highway Administration. tion, U.S. Department of Transportation in amended, as may be appropriate. k. “Division Engineer” means the division connection with the aforementioned project d. Until approval is given to the utility engineer of the Bureau of Public Roads, involving participation of Federal-aid high­ accommodation policies and procedures of Federal Highway Administration. way funds, and is subject to applicable State l. “State” means that department, com­ and Federal laws, both criminal and civil. the State or its political subdivision by the Regional Administrator under paragraph 7c mission, board, or official of any State charged by its laws with the responsibility for (Date) (Signature) of this memorandum, utility installations within the rights-of-way of Federal and highway administration. Policy and Procedure Memorandum 34-4.1 Federal-aid highway projects shall be in ac­ m. “Use and Occupancy Agreement” means the document by which the State, or other ACCOMMODATION OP UTILITIES cordance with the provisions of paragraph 15 of PPM 30-4 dated October 15, 1966, and highway authority, approves the use and Par. . paragraph 6 of this memorandum. occupancy of highway rights-of-way by 1 Purpose. e. The provisions of paragraph 6g of this utility facilities or private lines. 2 Policy. memorandum apply only to the lands de­ nv “Utility Service Connection” means a 3 Application. scribed therein which are acquired or im­ service connection from a utilities distribu­ 4 Definitions. proved with Federal highway or Federal-aid tion or feeder line or main to the premises 5 General provisions. highway funds. served. 6 Requirements. 4. Definitions. For the purpose of this o. “Secondary Road Plan”— is a statement, 7 Reviews and approvals. memorandum, the following definitions shall prepared by a State highway department and 8 State accommodation policies and proce­ apply: approved by the Director, in which the State dures. a. “Utility facilities and/or utilities” means outlines the standards and procedures it will 9 Use and occupancy agreements. and includes all privately, publicly or coop­ use to plan, design and construct projects 1. Purpose., To prescribe policies and pro­ eratively owned lines, facilities and systems on the Federal-aid Secondary Highway Sys­ cedures for accommodating utility facilities for producing, transmitting or distributing tem which are to be financed in part with on the rights-of-way of Federal and Federal- communications, power, electricity, light, Federal-aid Secondary Highway Funds in aid highway projects. It implements the ap­ heat, gas, oil, crude products, water, steam, accordance with section 117, title 23, United plicable provisions of §§ 1.23 and 1.27 of title waste, storm water not connected with high­ States Code, and PPM 20-5. 23, Code of Federal Regulations, and section way drainage, and other similiar commodi­ p. “Clear Roadside Policy” means that 116 of title 23, United States Code, with re­ ties, including fire and police signal systems policy employed by a highway authority to spect to the maintenance obligations of the and street lighting systems, which directly increase safety, improve traffic operation and State thereunder as affected by the use of or indirectly serve the public or any part enhance the visual quality of highways by the rights-of-way of Federal-aid highway thereof. The term “utility” means the utility designing, constructing and maintaining projects for accommodating utility facilities. comoany, i.e. any person or private or public highway roadsides as wide, flat and rounded as practical and as free as practical from 2. Policy, a. It is in the public interest for entity owning and/or operating utility facili­ physical obstructions above the ground such utility facilities to be accommodated on the ties as defined in this paragraph, including as trees, drainage structures, massive sign rights-of-way of a Federal or Federal-aid any wholly owned or controlled subsidiary. supports, highway lighting standards, utility highway project when such use and occu­ b. “Private lines” means privately owned poles and other ground-mounted obstruc­ pancy of the highway rights-of-way does not facilities which convey or transmit the com­ tions. The policy is also directed at the re­ Interfere with the free and safe flow of traf­ modities outlined in paragraph 4a, but are moval of roadside obstacles which are likely fic or otherwise impair the 'highway or its devoted exclusively to private use. to be associated with accident or injury to visual quality and does not conflict with the c. “Federal highway prQjects” are those the highway user. Where such obstacles are provisions of Federal, State, or local laws projects involving the use of funds adminis­ essential, they must be constructed to yield or regulations or the provisions of this tered by the Federal Highway Administration under specified levels of impact or placed at memorandum. where the location, design or construction of a location which affords adequate protection b. These provisions concern the location the project is under the direct supervision of to an out-of-control vehicle. In all cases full and manner in which utility installations are the Bureau of Public Roads. consideration shall be given to sound engi­ to be made within the rights-of-way of Fed- d. “Federal-aid highway projects” are those neering principles and economic factors. eral and Federal-aid highway projects and projects administered by a State which in­ q. “Visual quality” means those desirable the measures, reflecting sound engineering volve the use of Federal-aid highway funds characteristics of the appearance of the high­ principles and economic factors, to be taken for the construction or improvement of a way and its environment, such as harmony by highway authorities to preserve and pro­ Federal-aid highway or related highway fa­ between or blending of natural and man­ tect the integrity and visual qualities of the cilities or for the acquisition of rights-of- made objects in the environment, continuity highway and the safety of highway traffic. way for such projects, including highway of visual forms without distracting interrup­ This memorandum shall not be construed to beautification projects under section 319, tions, and simplicity of designs which are alter the authority of utilities to install their title 23, United States Code. desirably functional in shape but without facilities on public highways pursuant to e. "Active Federal or Federal-aid highway clutter. law or franchise and reasonable regulation projects” are those projects for which any r. “New utility installations” means initial by highway authorities with respect to loca­ phase of development has been programed installations on the highway rights-of-way tion and manner of installation. for Federal or Federal-aid highway funds and and the replacement of existing facilities 3. Application, a. Effective on date of is­ the State or other highway authority has con­ with those of a different type, capacity, or suance. trol of the highway rights-of-way. A project design or replacement at a new location on will be considered active'until the date of its the rights-of-way. Any replacement of an b. It applies to new utility installations, final acceptance by the Bureau of Public existing facility or portion thereof with an­ made after the effective date, within the Roads and thereafter will be considered other of the same type, capacity, and design rights-of-way of active and completed Fed­ completed. at the same location is considered to be eral and Federal-aid highway projects, ex­ f. “Rights-of-way” means real property or maintenance. cept that application to the projects de­ 5. General provisions, a. It is the respon­ scribed under paragraphs 6 a and d will be interests therein, acquired, dedicated or re­ served for the construction, operation, and sibility of each State to maintain, or cause mited to projects that are authorized after to be maintained, Federal-aid highway proj­ the effective date. maintenance of a highway in which Federal- aid or Federal highway funds are or may be ects as necessary to preserve the integrity, c. It also applies to existing utility instal- involved in any stage of development. Lands visual quality, operational safety, and func­ ons which are to be retained, relocated, acquired under section 319(b), title 23, tion of the highway facility. adjusted within the rights-of-way of ac- United States Code (scenic strips— 1965 High­ b. Since the manner in which utilities wa^ ProJects» as described in para- way Beautification Act) shall be considered cross or otherwise occupy the rights-of-way s^Ph 3b, and to existing lines which are to to lie highway rights-of-way. of a Federal or Federal-aid highway project

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18728 RULES AND REGULATIONS can materially affect the highway, its visual factory utility accommodation policy by the through which the highway passes. The di­ quality, safe operation, and maintenance, Regional Administrator under paragraph 7c. vision engineer shall review and submit the it is necessary that such use and occupancy, e. Utilities that are to cross or otherwise State’s proposal along with his report and where authorized, be regulated by highway occupy the rights-of-way of Federal-aid free­ recommendations through the Regional Ad­ authorities. In order for a State to fulfill ways, including Interstate highways, shall ministrator to the Director. its responsibilities in this area, it must ex­ meet the requirements of the AASHO “Policy h. Where the utility has a compensable ercise, or cause to be exercised, reasonable on the Accommodation of Utilities on Free­ interest in the land occupied by its facilities regulation over such use and occupancy way Rights-of-Way” adopted February 15, and such land is to be jointly owned and through the establishment and enforcement 1969, and accepted by Public Roads under used for highway and utility purposes, the of utility accommodation policies and PPM 40-2, dated May 12, 1969. responsible highway authority and utility procedures. f. In expanding areas along Federal-aid shall agree in writing as to the obligations c. Due to the increasing competition be­ freeways it is expected that utilities will nor­ and responsibilities of each party. Such tween public transportation and other serv­ mally install distribution or feeder line cross­ agreements shall incorporate the conditions ice facilities for available space, such as for ings of freeways, spaced as needed to serve of occupancy for each party, including the highway, rapid transit, railroad and utility consumers in a general area along either or rights vested in the highway authority and purposes, it is important that rights-of-way both sides of a freeway, so as to minimize the rights and privileges retained by the be used in the most efficient manner con­ the need for crossings of a freeway by utility utility. In any event, the interest to be ac­ sistent with the overall public interest. service connections. In areas where utility quired by or vested in the highway authority 6. Requirements, a. On Federal highwayservices are not available within reasonable in any portion of the rights-of-way of a Fed­ projects authorized after the effective date distance along the side of the freeway where eral or Federal-aid highway project to be of this memorandum, the Regional Admin­ the utility service is needed, crossings of vacated, used or occupied by utilities or pri­ istrator will apply, or cause to be applied, Federal-aid freeways by utility service con­ vate lines shall be of a nature and extent utility accommodation policies similar to nections may be permitted. adequate for the construction, safe operation those required on Federal-aid highway proj­ g. The type and size of utility facilities and maintenance of the highway project. ects, as appropriate and necessary to accom­ and the manner and extent to which they are 7. Reviews and Approvals, a. Each State plish the objectives of this memorandum. permitted within areas of scenic enhance­ shall submit a report to the division en­ Where appropriate, agreements should be ment and natural beauty can materially alter gineer on the authority of utilities to use entered into between the Regional Admin­ the visual quality and view of highway road­ and occupy the rights-of-way of State high­ istrator and the State or local highway sides and adjacent areas. Such- areas include ways, the State’s authority to regulate such authorities or other government agencies, or scenic strips, overlooks, rest areas, recreation use and the policies and procedures the existing agreements should be amended, as areas, the rights-of-way of highways adjacent State employs or proposes to employ for may be necessary for the Regional Adminis­ thereto, and the rights-of-way of highways accommodating utilities within the rights- trator to establish, or cause to be established, which pass through public parks and, his­ of-way of Federal-aid highways under its adequate control and regulation of use by toric sites, as described under section 138, jurisdiction. Where applicable, the State utilities and private lines of the rights-of- title 23, U.S.C. shall include similar information on the use way of Federal highway projects. (1) New utility installations are not to be and occupancy of such highways by private b. Secondary Road Plans shall be amended permitted within the foregoing described lines where permitted under State law. The as necessary to comply with the provisions lands, when acquired or improved with Fed­ State shall identify those sections, if any, of this memorandum. Project actions by the eral highway or Federal-aid highway funds, of the Federal-aid highway systems within division engineer or submissions by the State except as follows : its borders where the State is without legal to the division engineer which are not now (a) New underground installations may authority to regulate use by utilities. required should not be established for Sec­ be permitted where they do not require ex­ b. The division engineer shall review the ondary Road Plan projects as a result of this tensive removal or alteration of trees visible information presented to him by the State memorandum. to the highway user or impair the visual under paragraph 7a and prepare a report out­ c. Where the State, or other highway au­ quality of the lands being traversed. lining his recommendations to the Regional thority, determines that existing utility fa­ (b) New aerial installations are to be Administrator. Similar reports shall be pre­ cilities are likely to be associated with injury avoided at such locations unless there is no pared and referred to the Regional Admin­ or accident to the highway user, as indicated feasible and prudent alternative to the use istrator as the policies to be employed pur­ by accident history or safety studies,- the re­ of such lands by the aerial facility and it is suant to paragraph 6d are received from the sponsible highway authority is to initiate demonstrated to the satisfaction of the divi­ State. appropriate corrective measures to provide a sion engineer that: c. Upon determination by the Regional safe traffic environment. Any requests re­ 1. Other locations: Administrator that a State’s policies and* ceived from the State involving Federal fund a. Are not available or are unusually dif­ procedures under paragraph 7a and the poli­ participation in the cost of adjusting or re­ ficult and unreasonably costly, or cies to be employed pursuant to para­ locating utility facilities pursuant to this b. Are less desirable from the standpoint graph 6d meet the requirements of this paragraph shall be subject to the provisions of visual quality, memorandum, he shall approve their use on of PPM 30-4. 2. Undergrounding is not technically fea­ Federal-aid highway projects in that State d. The following procedures apply where sible or is unreasonably costly, and or political subdivision. the State is without legal authority to regu­ 3. The proposed installation will be made d. Any changes, additions or deletions the late the use by utilities or private lines of at a location and will employ suitable de­ State or political subdivision proposes to the the rights-of-way of Federal-aid highway signs and materials which give the greatest policies and procedures approved by the Re­ projects. Common examples are Federal-aid weight to the visual qualities of the area be­ gional Administrator pursuant to this mem­ highway projects on a State highway system ing traversed. Suitable designs will include, orandum shall be subject to the provisions in cities and Federal-aid secondary highway but are not limited to, self-supporting, arm­ of paragraphs 7 a, b, and c. projects on a county highway system. less, single-pole constructiok with vertical e. The State’s practices under the policies (1) ' All such projects authorized after theconfiguration of conductors and cable. and procedures or agreements approved effective date of this memorandum shall in­ (2) The provisions of this paragraph also under paragraph 7c shall be periodically re­ clude a special provision in the project apply to utility installations that are needed viewed by the division engineer and reported agreement for regulating such use of the for a highway purpose, such as for highway to the Regional Administrator. highway rights-of-way. The provision shall lighting, or to serve a weigh station, rest or f. When a utility files a notice or makes require that the State will, by formal agree­ recreational area. an individual application or request to a ment with appropriate officials of a county (3) There may be cases of unusual hard­ State to use or occupy the rights-of-way of or municipal government, regulate, or cause ship or other extenuating circumstances en­ a Federal-aid highway project, the State is to be regulated, such use by highway au­ countered involving some degree of vari­ not required to submit the matter to the thorities on a continuing basis and in ance with the provisions of this paragraph. Bureau of Public Roads for prior concurrence, accordance with a satisfactory utility accom­ Such cases shall be subject to prior review except under the following circumstances: modation policy for the type of highway and concurrence bÿrthe Director. Where the (1) Installations on Federal-aid highway involved. State proposes to approve a request from a where the State proposes to permit the us (2) For the purpose of this paragraph, utility involving a hardship case, the State and occupancy by utilities not in accordanc a satisfactory utility accommodation policy shall submit its proposal and a full report of with the policies and procedures approved by is one that prescribes a degree of protection the circumstances to the division engineer. the Regional Administrator under para- to the highway at least equal to the pro­ Where a hardship case involves a proposed grttpxi iu. . tection provided by the State’s utility ac­ installation within the rights-of-way of a (2) Installations involving unusual hard­ commodation policy approved under para­ highway passing through a public park, area, ship cases pursuant to paragraph 6g. graphs 7c and d. or site, as described under section 138, title (3) Installations on Federal-aid free­ (3) Such projects may be conditionally 23, U.S.C., the State’s report shall include ways involving extreme case exceptions, authorized in accordance with the provisions the views of appropriate planning or resource described in the AASHO “Policy on tne of paragraph 3d, pending approval of a satis­ authorities having jurisdiction over the land Accommodation of Utilities on Freew y

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 RULES AND REGULATIONS 18729

Rights-of-Way,” adopted February 15, 1969, connections on highways other than free­ wild rice processing industry which is at and accepted by Public Roads under PPM ways or emergency operations. present limited to the State of Minnesota 40-2, dated May 12, 1969. (5) Every effort should be made to avoidto include all wild rice processing estab­ (4) Installations on or across Interstateconflict between utility installations and lishments in the United States. Interested highways. existing or planned uses of highway rights- of-way for highway purposes. Proposed utility persons were afforded 15 days to submit g. A copy of^ihe reports, approved policies written data, views, and arguments con­ and procedures' and related actions taken installations and future highway projects pursuant to paragraphs 6c, 7b, 7c, 7d, 7e, and shall be coordinated to avoid, to the fullest cerning the proposed change. No objec­ 7f (1), (2), and (3) of this memorandum extent possible, any conflict in location, con­ tions having been received, the proposal shall be furnished to the Office of Right-of-, struction, or method of installation. is hereby adopted without change, and Way and Location. 9. Use and Occupancy Agreements, a. Theis set forth below. use and occupancy agreements setting forth 8. State accommodation policies and pro­ This amendment shall be effective cedures. a. This paragraph outlines provisions the terms under which the utility is to upon publication in the F ederal R e g ist e r . considered necessary to establish policies and cross or otherwise occupy the highway procedures for accommodating utility facil­ rights-of-way must include or by reference As amended, § 526.10(b) (35) reads as ities on the rights-of-way of Federal-aid incorporate: follows: highway projects. These policies and proce­ (1) The State standards for accommodat­ dures shall meet the requirements of para­ ing utilities. Since all of the standards will § 526.10 Industries of a seasonal nature. graph 6e through 6h and shall include ade­ not be applicable to an individual utility ***** installation, the use and occupancy agree­ quate provision with respect to the following : (b) * * * (1) Utilities must be accommodated and ment must, as a minimum, describe the re­ maintained in a manner which will not im­ quirements for location, construction, pro­ (35) Wild rice, processing. The curing, pair the highway or interfere with the safe tection of traffic, maintenance, access drying, parching, hulling, and cleaning and free flow of traffic. restrictions and any special conditions ap­ of wild rice; and the following operations (2) Consideration shall be given to the plicable to each installation. (2) A general description of the size, type, when performed by employees of wild effect of utility installations in regard to rice processors on or near the premises safety, visual quality, and the cost or diffi­ nature and extent of the utility facilities culty of highway and utility construction being located within the highway rights-of- of wild rice processing plants during the and maintenance. way. wild rice processing season: The packag­ (3) The use and occupancy of highway (3) Adequate drawings or sketches show­ ing and bagging of wild rice; the storing rights-of-way by utilities must comply with ing the existing and/or proposed location of wild rice and the removal of the wild the State’s standards regulating such use. of the utility facilities within the highway rice from storage and placing it in trans­ rights-of-way with respect to the existing These standards must include but are not portation facilities; and any operations limited to the following : and/or planned highway improvement, the traveled way, the rights-of-way lines and, or services necessary or incident to the (a) The horizontal and vertical location foregoing. requirements and clearances for the various where applicable, the control of access lines types of utilities must be clearly stated. and approved access points. * * * * * These must be adequate to insure compli­ (4) The extent of liability and responsi­ bilities associated with future adjustment (Sec. 7 (c ), 52 Stat. 1063 as amended by sec. ance with clear roadside policies for the par­ 204(c), 80 Stat. 835, 29 U.S.C. 207(c)) ticular highway involved. The roadside of the utilities to accommodate highway clearances for above ground utility facilities improvements. Signed at Washington, D.C., this 3d (5) The action to be taken in case of shall be consistent with those clearances noncompliance with the State’s requirements. day of December 1970. applicable to other roadside obstacles on the (6) Other provisions as deemed necessary type of highway involved, reflecting good R o bert D. M o r a n , engineering and economic considerations. to comply with laws and regulations. Administrator, Wage and Hour b. The form of the use and occupancy (b) The applicable provisions of govern­ Division, Department of Labor. ment or industry codes required by law or agreement is not prescribed. At the State’s regulation must be set forth or appropriately option, the use and occupancy provisions [F.R. Doc. 70-16591; Filed, Dec. 9, 1970; referenced, including highway design stand­ may be incorporated as a part of the reim­ 8:47 a.m.] ards or other measures which the State bursement agreement required by para­ deems necessary to provide adequate pro­ graph 7 of PPM 30-4. tection to the highway, its safe operation, c, Area or Statewise master agreements visual quality and maintenance. covering the general terms of a utility’s Use Title 5— ADMINISTRATIVE (c) Specifications for and methods of in­ and occupancy of the highway rights-of-way stallation; requirements for preservation and may be used provided individual requests restoration of highway facilities, appurte­ for such use and occupancy are processed PERSONNEL nances, and natural features on the rights- in accordance with paragraph 8a (4) of this Chapter I— Civil Service Commission of-way; and limitations on the utility’s memorandum. activities within the rights-of-way should be [F.R. Doc. 70-16597; Filed, Dec. 9, 1970; PART 351— REDUCTION IN FORCE prescribed as necessary to protect highway interests. 8:45 a.m.] PART 752— ADVERSE ACTIONS BY (d) Measures necessary for protection of AGENCIES traffic and its safe operation during and after installation of facilities, including Miscellaneous Amendments control-of-access restrictions, provisions for rerouting or detouring of traffic, traffic con­ Title 29— LABOR Section 351.201 is amended to comply trol measures to be employed, limitations on Chapter V— Wage grid Hour Division, with section 709 of title 32, United States vehicle parking and materials storage, pro­ tection of open excavations and the like must Department of Labor Code, by providing that Part 351 does not be provided. PART 526— INDUSTRIES OF A SEA­ apply to National Guard technicians. (4) Compliance with applicable State laws and approved State accommodation policies SONAL NATURE AND INDUSTRIES Subpart B— General Provisions must be assured. The responsible highway WITH MARKED SEASONAL PEAKS § 351.201 Use of regulations. authority’s file must contain evidence in OF OPERATION writing as to the terms under which utility (a) Each agency shall follow this part facilities are to cross or otherwise occupy Extension of Seasonal Industry Deter­ when it releases a competing employee highway rights-of-way in accordance with mination to All Wild Rice Processing from his competitive level by separation, Par®8raph 9. All utility installations made on highway rights-of-way after the effective Establishments demotion, furlough for more than 30 days, or reassignment requiring displace­ date of this memorandum shall be subject On October 7,1970, and on October 22, t0 aPProval Ay the State or by other highway ment, when the release is required be­ 1970, there were published in the F e d ­ authorities under paragraph 6d, as is re­ cause of lack of work, shortage of funds, quired by state law and applicable regula­ eral R eg ister a proposal and a clarifica­ reorganization, reclassification due to tions. However, such approval wiU not be tion thereof, respectively, to amend required where so provided in the use and change in duties, or the exercise of re­ fTCnRtncy aSr0ement for such matters as § 526.10(b) (35) to extend the present employment rights or restoration rights. acuity maintenance, installation of service seasonal industry determination for the *****

No 280_____ FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18730 RULES AND REGULATIONS

(f) This part does not apply to the Subparts B and C of this part. In no case, § 76.2 Notice relating to existence of hog release from his competitive level of a however, does any of this part apply to: cholera; prohibition o f movement of National Guard technician under section ***** any hog cholera virus, exceptions; 709 of title 32, United States Code. spread o f disease through raw gar­ (4) An action taken under section (5 U.S.C. 1302 and 3502) bage ; regulations ; quarantines; erad­ 7532 of title 5, United State Code, or any ication States; and free States. other statute which authorizes an agency Section 752.103 is amended to elimi­ ***** nate from coverage under Part 752 an to take an adverse action covered by adverse action which an agency is au­ Subpart B or C of this part without re­ (e) Notice of quarantine. Notice is thorized to take without regard to sec­ gard to section 7501 of that title or any hereby given that because of the exist­ tion 7501 of title 5, United States Code. other statute; or ence of hog cholera in the States of ***** Arizona, Connecticut, Indiana, Massa­ Subpart A— General Provisions chusetts; Missouri, New . York, North (5 U.S.C. 1302, 3301, 3302, 7701, E.O. 10577; 3 Carolina, Ohio, South Carolina, Ten­ § 752.103 General exclusions. CFR, 1954-53 Comp., p. 218, E.O. 11491; 3 CFR, 1969 Comp.) nessee, and Texas, and the nature and (a) Employees. The employees covered extent of outbreaks of this disease, the by this part are shown in Subparts B and U n it e d S tates C i v i l S er v­ following areas are quarantined because C of this part. In no case, however, does ic e C o m m is s io n , of said disease : this part apply to: [ s e a l ] J a m es C. S p r y , (1) Arizona. That portion of Mari­ * * * * * Executive Assistant to copa County bounded by a line beginning the Commissioners. at the junction of Yuma Road and Per­ (b) Adverse actions. The adverse ac­ [F.R. Doc. 70-16607; Filed Dec. 9, 1970; ry ville Road; thence, following Perry ville tions covered by this part are shown in 8:48 a.m.} Road in a southerly direction to its junc­ tion with Baseline Road and the Gila and Salt River Base Line; thence, following PART 534— PAY UNDER OTHER SYSTEMS the G ila and Salt River Base Line in an Maximum Stipends easterly direction to the southeastern comer of Section 31, of Township 1 The stipend table in § 534.202(a) is amended to provide a continuing basis for North, Range 1 West; thence, follow­ computing stipends, thus making it unnecessary to prepare a new stipend table ing the eastern boundaries of Sections each time a statutory pay change occurs. 31, 30, and 19, of Township 1 North, § 534.202 Maximum stipends. Range 1 West in a northerly direction to (a) * * * Reams Road; thence, following Reams Road in a northerly direction to Yuma Road; thence, following Yuma Road in a Code symbol Academic level of approved training program Maximums by grade and step 1 westerly direction to its junction with Perryville Road. L-A ...... Below high school graduation..______GS-1-1 (minus 3steps). ( 2> Connecticut. That portion of L -l...... 1st year college undergraduate...... GS-2-1 (minus 3 steps). Windham County comprised of Putnam, L-2._.------2d year college undergraduate_____ .•...... G8-3-1 (minus 3 steps). L-3----i------... 3d year college undergraduate...... ____ GS-3-3 (minus 3 steps). Pomf ret, and Brooklyn Township. L-4------,— 4th year college undergraduate...... GS-4-2 (minus 3 steps). (3) Indiana. That portion of Wayne L-5...... 1st year postgraduate predoctoral______GS-5-1 (minus 3 steps). L-6--...... -...... — 2d year postgraduate predoctoral___ .... GS-7-1 (minus 3 steps). County comprised of New Garden L-6...... 3d year medical school...... ^ GS-7-1 (minus 3 steps). Township. L-7...... 3d year postgraduate predoctoral______GS-9-1 (minus 3 steps). L-7...... — ------4th year medical school...... GS-9-1 (minus 3 steps), (4) Massachusetts. That portion of lr-8...... 4th year postgraduate predoctoral.____ _ GS-10-1 (minus 3 steps). Bristol County comprised of Norton Lr-8.^------Medical or dental internship...... GS-10-1 (minus 3 steps). lr-9...... 5th year postgraduate without doctorate. GS-11-1 (minus 3 steps). Town, Raynhan Town, and Taunton L-9------1st year postdoctoral (Ph.D.)______G 8-11-1 (minus 3 steps). Town. L-9...... 1st year medical or dental residency...... GS-11-1 (minus 3 steps). L-IO.-.-...... — 2d year postdoctoral (Ph.D.)----...... GS-12-1 (minus 3 steps). (5) Missouri. That portion of Bates L-10------2d year medical or dental residency____ GS-12-1 (minus 3steps). County bounded by a line beginning at L - ll...... 3d year medical or dental residency..... GS-12-4 (minus 3 steps). L-12----..------4th year medical or dental residency..... GS-13-1 (minus 3 steps). the junction of the Johnstown-Butler L-13______5th year medical residency______GS-14-1 (minus 3 steps). Airport Road, State Highway TT, and U.S. Highway 71; thence, following State » The maximum money amount in each case is derived by subtracting from the statutory salary for the appropriate Highway T T in a westerly direction to grade a sum equivalent to three step increments of that grade. This amount includes overtime pay, maintenance the dividing line between Range 32W allowances, and other payments in money or kind. and Range 31W ; thence, following the * * * * * * . * dividing line between Range 32W and (5 U.S.C. 5351, 5352, 5353, 5541, unless otherwise noted) Range 3IW in a northerly direction to State Highway F; thence, following State U n it e d S tates C iv i l S er vice C o m m i s s i o n , [ s e a l ] Ja m e s C. S p r y , Highway F in a westerly direction to Executive Assistant to the Commissioners. State Highway FF; thence, following State Highway FF in a northerly di­ [F.R. Doc. 70-10608; Filed, Dec. 9,1970; 8:48 a.m. J rection to State Highway 18; thence, following State Highway 18 in an easterly February 2,1903, as amended, the Act of direction to U.S. Highway 71; thence, Title 9— ANIMALS AND March 3, 1905, as amended, the Act of following U.S, Highway 71 in a southerly ANIMAL PRODUCTS September 6,1961, and the Act of July 2, direction to State Highway 18; thence, 1962 (21 U.S.C. 111-113, 114g, 115, 117, following State Highway 18 in an east­ erly direction to the dividing line between Chapter I— Agricultural R esearch 120, 121, 123-126, 134b, 134f). Part 76, Service, Department of Agriculture Range 31W and Range 30W; thence, fol­ Title 9, Code of Federal Regulations, Re­ lowing the dividing line between Range SUBCHAPTER C— INTERSTATE TRANSPORTATION stricting the interstate movement of 31W and: Range 30W in a southerly OF ANIMALS AND POULTRY swine and certain products because of (Hrection to the Long Mound Road; [Docket No. 70-307] hog cholera and other communicable thence, following the Long Mound Road PART 76— HOG CHOLERA AND OTHER swine diseases, is hereby amended in the in an, easterly direction to the East Mound! Creek; thence, following the west COMMUNICABLE SWINE DISEASES following respects: bank of the East Mound Creek in a Areas Quarantined In § 76.2, paragraph (e) is amended generally southerly direction to the Pursuant to provisions of the Act of and paragraphs (f ) and (g) are reissued Johnstown-Butler Airport Road; thence, May 29, 1884, as amended, the Act of to read as follows: following the Johnstown-Butler Airport

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 RULES AND REGULATIONS 18731

Road in a westerly direction to its junc­ following State Highway 73 in a south­ an easterly direction to Pleasant Grove tion with State Highway T T and U.S. easterly direction to State Highway 28; Church Road; thence, following Pleasant Grove Church Road in a northeasterly Highway 71. thence, following State Highway 28 in a direction to Buck Creek; thence, follow­ (6) New York. That portion of Mont­ westerly direction to Martinsville Road; ing the west bank of Buck Creek in a gomery County lying south of the Mo­ thence, following Martinsville Road in a northwesterly direction to U.S. Highway generally southeasterly direction to its hawk River, east of County Roads 27 and junction with State Highway 9 and the 145, north of the New York State Thru­ 68; thence, following U.S. Highway 68 in a northeasterly direction to State Waccamaw River. way, and west of State Highway 30. Highway 22; thence, following State (ii) That portion of Williamsburg (7) North Carolina, (i) That portion Highway 22 in a northeasterly direction County bounded by a line beginning at of Greene County bounded by a line to State Highway 72; thence, following the junction of the Seaboard Coast Line beginning at the junction of U.S. High­ State Highway 72 in a southeasterly Railroad and State Highway 512; thence, way 258 and Contentnea Creek; thence, direction to its junction with State following the Seaboard Coast Line.Rail- following the north bank of Contentnea Highway 729. road in a northeasterly direction to State Creek in a southeasterly direction to (ii) That portion of Darke County Highway 261; thence, following State Panther Swamp Creek; thence, following Highway 261 in an easterly direction to Panther Swamp Creek in a northerly bounded by a line beginning at the junc­ tion of State Highway 185 and U S . Secondary Highway 242; thence, follow­ direction to U.S. Highway 258; thence, ing secondary Highway 242 in a south­ following U.S. Highway 258 in a south­ Highway 127; thence, following State Highway 185 in a westerly direction to easterly direction to State Highway 513; westerly direction to Secondary Road thence following State Highway 513 in 1328; thence, following Secondary Road Rhynard Pink Road; thence, following the Rhynard Fink Road in a northerly a southwesterly direction to State High­ 1328 in a northwesterly direction to way 512; thence, following State High­ Secondary Road 1325; thence, following direction to the Mercer-Darke County line; thence, following the Mercer-Darke way 512 in a northwesterly direction to Secondary Road 1325 in a northwesterly Its junction with the Seaboard Coast direction to Secondary Road 1244; County line in an easterly direction to U S. Highway 127; thence, following U S. Line Railroad. thence, following Secondary Road 1244 (10) Tennessee. That portion of Ches­ in a southwesterly direction to Secondary Highway 127 in a southerly direction to its junction with State Highway 185. ter County bounded by a line beginning Road 1222; thence, following Secondary at the junction of U.S. Highway 45 and (iii) That portion of Mercer County Road 1222 in a southerly then southwest­ State Highway 100; thence, following bounded by a line beginning at the junc­ erly direction to State Highway 58; State Highway 100 in a southwesterly di­ tion of State Highway 49 and St. An­ thence, following State Highway 58 rection to the Wilson School Road; in a southeasterly direction to U.S. High­ thony Road; thence, following St. Anthony Road in an easterly direction to thence, following the Wilson School Road way 258; thence, following U.S. High­ in a northwesterly direction to the Mon- way 258 in a northwesterly direction to Road T-47; thence, following Road T-47 in a southerly direction to St. Joseph tezuma-Antioch Church Road; thence, its junction with Contentnea Creek. following the Montezuma - Antioch (ii) The adjacent portions of HertfordRoad; thence, following St. Joseph Road in a westerly direction to State Highway Church Road inn southeasterly direction and Northampton Counties bounded by to the Montezuma-Estes Church Road; a line beginning at the junction of 49; thence, following State Highway 49 in a northerly direction to its junction thence, following the Montezuma-Estes Secondary Roads 1160 and 1141 in Hert­ Church Road in a southeasterly direction with St. Anthony Road. ford County; thence, following Second­ to U.S. Highway 45; thence, following ary Road 1141 in a generally southeast­ (iv) That portion of Pickaway County U.S. Highway 45 in a northwesterly di­ erly direction to State Highway 561; bounded by a line beginning at the junc­ rection to its junction with State High­ thence, following State Highway 561 in tion of Palestine-Williamsport Road and way 100. a southwesterly direction to Secondary State Highway 56; thence, following (11) Texas, (i) The adjacent portions Road 1123; thence, following Secondary State Highway 56 in a southeasterly of Bosque and McLennan Counties Road 1123 in a southwesterly direction direction to the junction of the Monroe- bounded by a line beginning at the junc­ to Secondary Road 1112; thence, follow­ Muhlenberg and Monroe-Jackson Town­ tion of State Highway 6 and Farm to ing Secondary Road 1112 in a south­ ship lines; thence, following the Monroe- Market Road 219; thence, following Farm westerly direction to State Highway 350; Jackson Township line in a southerly to Market Road 219 in a northeasterly thence, following State Highway 350 in and then westerly direction to the Deer direction to Farm to Market Road 708; a southwesterly direction to the Hert- Creek; thence, following the north bank thence, following Farm to Market Road ford-Bertie County line; thence, follow­ of the Deer Creek in a generally westerly 708 in a generally southeasterly direction ing the Hertford-Bertie County line in direction to Crownover Mill Road; to Farm to Market Road 56; thence, fol­ a westerly direction to the Hertford- thence, following Crownover Mill Road lowing Farm to Market Road 56 in a Northampton County line; thence, fol­ in a northeasterly direction to South­ northeasterly direction to Farm to M ar­ lowing the Hertford-Northampton Coun­ ward Busick Road; thence, following ket Road 2114; thence, following Farm ty line in a northeasterly direction to Southward Busick Road in a northeast­ to Market Road 2114 in a generally south­ Secondary Road 1101 in Northampton erly direction to Palestine-Williamsport easterly direction to the Brazos River; County; thence, following Secondary Road; thence,, following Palestine- thence, following the west bank of the Road 1101 in a northwesterly direction Williamsport Road in a northwesterly Brazos River in a generally southerly to State Highway 305; thence, following direction to its junction with State direction to the Bosque-McLennan State Highway 305 in a southwesterly Highway 56. County line; thence, following the direction to Secondary Road 1522; (9) South Carolina, (i) That portionBosque-McLennan County line in a thence, following Secondary Road 1522 of Horry County bounded by a line be­ southwesterly direction to Farm-to- m a northwesterly direction to U.S. ginning at the junction of State High­ Market Road 2490; thence, following Highway 258; thence, following U.S. way 9, Buck Creek, and the Waccamaw Farm to Market Road 2490 in a south­ Highway 258 in a northeasterly direction River; thence, following the north bank easterly direction to Farm-to-Market to Secondary Road 1530; thence, follow­ of the Waccamaw River in a generally Road 1637; thence, following Farm-to- ing Secondary Road 1530 in a generally southwesterly direction to State High­ Market Road 1637 in a northwesterly northeasterly direction to Secondary way 31; thence, following State High­ direction to Farm-to-Market Road 185; Road 1160; thence, following Secondary way 31 in a northerly direction to State thence, following Farm-to-Market Road Road 1160 in a northeasterly direction Highway 905; thence, following State 185 in a generally southwesterly direc­ to its junction with Secondary Road 1141. Highway 905 in an easterly direction to tion to the McLennan-Coryell County (8) Ohio, (i) That portion of Clinton State Highway 348; thence, following line; thence, following the McLennan- County bounded by a line beginning at State Highway 348 in a northerly di­ Coryell County line in a northwesterly nie junction of State Highway 72 and rection to State Highway 349; thence, direction to the Bosque-Coryell County State Highway 729; thence, following following State Highway 349 in an east­ line; thence, following the Bosque-Cory­ State Highway 729 in a southwesterly erly direction to State Highway 347; ell County line in a northwesterly direc­ direction to State Highway 73; thence, thence, following State Highway 347 in tion to Farm-to-Market Road 217;

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18732 RULES AND REGULATIONS

thence, following Farm-to-Market Road line; thence, following the Eastland- westerly direction to U.S. Highway 67; 217 in a northeasterly direction to Farm - Shackelford County line in an easterly thence, following U.S. Highway 67 in a to-Market Road 2602; thence, following direction to the Eastland-Stephens southeasterly direction to Farm-to- Farm-to-Market Road 2602 in a gen­ County line; thence, following the East­ Market Road 913; thence, following erally northeasterly direction to State land-Stephens County line in an easterly Farm-to-Market Road 913 in a south­ Highway 6; thence, following State High­ direction to its junction with State westerly direction to U.S. Highway 281; way 6 in a northwesterly direction to its Highway 6. thence, following U.S. Highway 281 in a junction with Farm-to-Market Road 219. (v> That portion of El Paso County southeasterly direction to State Highway (ii) That portion of Comanche Coun­ bounded by a line beginning at the junc­ 6; thence, following State Highway 6 in ty bounded by a line beginning at the tion of Interstate Highway 10 and the a northwesterly direction to Farm-to- junction of State Highway 16 and the O. T. Smith Road; thence, following In­ Market Road 219; thence, following Comanche-Mills County line; thence, terstate Highway 10 in a southeasterly Farm-to-Market Road 219 in a generally following State Highway 16 in a north­ direction to the El Paso-Hudspeth northeasterly direction to its junction easterly direction to Farm-to-Market County line; thence, following the El with State Highway 108. Road 1476; thence, following Farm-to- Paso-Hudspeth County line in a south­ (viii) The adjacent portions of Erath Market Road 1476 in a generally north­ westerly direction to the Rio Grande and Comanche Counties bounded by a easterly direction to U.S. Highway 67, River; thence, following the north bank line beginning at the junction of U.S. 377; thence, following U.S. Highway 67, of the Rio Grande River in a northwest­ Highway 67, 377 and Farm-to-Market 377 in a southwesterly direction to Farm- erly direction to Farm-to-Market Road Road 219; thence, following Farm-to- to-Market Road 2861; thence, following 1109; thence, following Farm-to-Market Market Road 219 in a southeasterly di­ Farm-to-Market Road 2861 in a north­ Road 1109 in a generally northeasterly rection to the Erath-Hamilton County easterly and then westerly direction to direction to U.S. Highway 80; thence, fol­ line; thence, following the Erath-Hamil­ State Highway 16; thence, following lowing U.S. Highway 80 in a southeast­ ton County line in a southwesterly direc­ State Highway 16 in a northeasterly di­ erly direction to the O. T. Smith Road; tion to the Comanche-Hamilton County rection to Farm-to-Market Road 2318; thence, following the O. T. Smith Road in line; thence, following the Comanche- thence, following Farm-to-Market Road a northeasterly direction to its junction Hamilton County line in a southeasterly 2318 in a northwesterly and then north­ with Interstate Highway 10. and then southwesterly direction to State easterly direction to Farm-to-Market (vi) That portion of Ellis County Highway 36; thence, following State Road 587; thence, following Farm-to- bounded by a line beginning at the junc­ Highway 36 in a northwesterly direction Market Road 587 in a westerly direction tion of the Ellis-Dallas County line and to Farm-to-Market Road 1702; thence, to the Comanche-Eastland County line; Interstate Highway 35E; thence, follow­ following Farm-to-Market Road 1702 in thence, following the Comanche-East­ ing Interstate Highway 35E in a south­ a northerly direction to Farm-to-Market land County line in a southwesterly di­ easterly direction to U.S. Highway 287; Road 591; thence, following Farm-to- rection to the Comanche-Brown County thence, following U.S. Highway 287 in Market Road 591 in a northwesterly di­ line; thence, following the Comanche- a northwesterly direction to Farm -to- rection to Farm-to-Market Road 1476; Brown County line in a southeasterly Market Road 875; thence, following thence, following Farm-to-Market Road direction to the Comanche-Mills County Farm-to-Market Road 878 in a generally 1476 in a generally northerly direction to line; thence, following the Comanche- southwesterly direction to Farm -to- U.S. Highway 67, 377; thence, following Mills County line in a southeasterly di­ Market Road 157; thence, following UJ3. Highway 67, 377 in a northeasterly rection to its junction with State High­ Farm-to-Market Road 157 in a north­ direction to its junction with Farm-to- way 16. westerly direction to the Ellis-Johnson Market Road 219. (iii) That portion of Denton County County line; thence, following the Ellis- (ix) That portion of Bolivar Peninsula bounded by a line beginning at the junc­ Johnson County line in a northerly di­ in Galveston County lying southwest of tion of the Denton-Collin County line rection to the Ellis-Tarrant County line; Gilchrist Bridge on State Highway 87. and Farm-to-Market Road 720; thence, thence, following the Ellis-Tarrant (x) That portion of Grayson County following Farm-to-Market Road 720 in County line in an easterly direction to bounded by a line beginning at the junc­ a generally northwesterly direction to the Ellis-Dallas County line; thence fol­ tion of U.S. Highway 75 and U.S. High­ State Highway 24; thence, following lowing the Ellis-Dallas County line in an way 69; thence, following U.S. Highway State Highway 24 (also U.S. Highway easterly direction to its junction with 69 in a southeasterly direction to the 377) in a generally southwesterly direc­ Interstate Highway 35E. Denison-Antioch Road; thence, follow­ tion to the Denton-Tarrant County line; (vii) That portion of Erath County ing the Denison-Antioch Road in a thence, following the Denton-Tarrant bounded by a line beginning at the junc­ southwesterly, then easterly and then southwesterly direction to U.S. Highway County line in an easterly direction to tion of State Highway 108 and Farm-to- 82; thence, following U.S. Highway 82 in the Denton-Dallas County line; thence, Market Road 219; thence, following a generally westerly direction to U.S. following the Denton-Dallas County line State Highway 108 in a southeasterly Highway 75; thence, following U.S. High­ in a continuing easterly direction to the direction to Farm-to-Market Road 3025; way 75 in a generally northeasterly di­ Denton-Collin County line; thence, fol­ thence, following Farm-to-Market Road rection to its junction with U.S. High­ lowing the Denton-Collin County line in 3025 in a northeasterly direction to way 69. a northerly direction to its junction with Bethel Road; thence, following Bethel (xi) The adjacent portions of Harris, Farm-to-Market Road 720. Road in a generally easterly direction to U.S. Highway 281; thence, following U.S. Liberty, and Montgomery Counties (iv) That portion of Eastland County bounded by a line beginning at the junc- bounded by a line beginning at the junc­ Highway 281 in a northeasterly direction to Farm-to-Market Road 1189; thence, tion of U.S. Highway 59 and Texas High­ tion of the Eastland-Stephens County following Farm-to-Market Road 1189 in way 321; thence, following Texas High­ line and State Highway 6 ; thence, fol­ a northeasterly direction to Farm-to- way 321 in a southeasterly directon to lowing State Highway 6 in a southeast­ Market Road 1188; thence, following Farm-to-Market Road 686; thence, fol­ erly direction to Farm-to-Market Road Farm-to-Market Road 1188 in a south­ lowing Farm-to-Market Road 686 in a 2526; thence, following Farm-to-Market easterly direction to U.S. Highway 377; generally southwesterly direction to Road 2526 in a westerly direction to thence, following U.S. Highway 377 in a Farm-to-Market Road 1960; thence, fol­ Farm-to-Market Road 569; thence, fol­ southeasterly direction to Farm-to- lowing Farm-to-Market 1960 in a gen­ lowing Farm-to-Market Road 569 in a Market Road 3106; thence, following erally southwesterly direction to U.S. northerly direction to Farm-to-Market Farm-to-Market Road 3106 in a south­ Highway 59; thence, following U.S. Road 1864; thence, following Farm-to- westerly direction to Farm-to-Market Highway 59 in a, northeasterly direction Market Road 1864 in a southwesterly di­ Road 2157; thence, following Farm-to- to its junction with Texas Highway 321. rection to the Eastland-Callahan County Market Road 2157 in a southwesterly di­ (xii) The adjacent portions of Hill line ; thence, following the Eastland-Cal­ rection to the Cedar Point Cut Off Road; and McLennan Counties bounded by a lahan County line in a northerly direc­ thence, following the Cedar Point Cut Off line beginning at the junction of U.S. tion to the Eastland-Shackelford County Road in a southeasterly and then south­ Highway 77 and the Hill-Ellis County

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 RULES AND REGULATIONS 18733 line; thence, following U.S. Highway 77 way 67; thence, following State Highway tion to its junction with Farm-to-Market in a generally southwesterly direction to 67 in a northeasterly direction to Farm- Road 870. State Highway 171; thence, following to-Market Road 717; thence, following « (f) Notice is hereby given that there State Highway 171 in a generally south­ Farm-to-Market Road 717 in a generally is no clinical evidence that the virus of easterly direction to Farm-to-Market southeasterly direction to Farm -to-Mar­ hog cholera exists in swine in the follow­ Road 1242; thence, following Farm-to- ket Road 207; thence, following Farm-to- ing States, that systematic procedures Market Road 1242 in a generally south­ Market Road 207 in a westerly, then are in effect to detect and eradicate the westerly direction to U.S. Highway 35, northwesterly direction to Farm -to-Mar­ disease should it appear within any of 81, 77; thence, following U.S. Highway ket Road 576; thence, following Farm- such States, and tha,t such States are 35, 81, 77 in a northwesterly direction to-Market Road 576 in a westerly direc­ designated as hog cholera eradication to Farm-to-Market Road 1304; thence, tion to U.S. Highway 183 (also State States : following Farm-to-Market Road 1304 in Highway 6); thence, following U.S. High­ Alabama. Maryland. a southwesterly direction to Farm-to- way 183 (also State Highway 6) in a California, Minnesota. Market Road 933; thence, following northerly direction to its junction with Delaware. New Mexico. Farm-to-Market Road 933 in a generally U.S. Highway 180 (also State Highway Georgia. Oklahoma. southwesterly directon to Farm -to-Mar­ 67). Iowa. West Virginia. ket Road 308; thence, following Farm- (xvi) That portion of Tarrant County (g) Notice is hereby given that a to-Market Road 308 in a generally north­ bounded by a line beginning at the junc­ period of more than 1 year has passed easterly direction to the Hill-Ellis tion of U.S. Highway 287 and the Tar­ since there has been clinical evidence County line; thence, following the Hill- rant-Johnson County line; thence, fol­ that the virus of hog cholera exists in Ellis County line in a southwesterly di­ lowing the Tarrant-Johnson County line the following States, that more than 1 rection and then a northwesterly direc­ in a westerly direction to Interstate year has passed since systematic proce­ tion to its junction with U.S. Highway 77. Highway 35W; thence, following Inter­ dures were placed in effect to exclude the (xiii) That portion of McLennan state Highway;'35W in a northerly direc­ virus of hog cholera and to detect and County bounded by a line beginning at tion to Interstate Highway 820; thence, eradicate the disease should it appear the junction of the McLennan-Lime- following Interstate Highway 820 in an within any of such States, and that the stone County line and U.S. Highway 84; easterly direction to U.S. Highway 287; virus of hog cholera has been eradicated thence, following U.S. Highway 84 in a thence, following U.S. Highway 287 in a from such States and such States are generally southwesterly direction to U.S. southeasterly direction to its junction designated as hog cholera free States: Highway 77; thence, following U.S. with the Tarrant-Johnson County line. Highway 77 in a generally southeasterly Alaska. Oregon. (xvii) That portion of Tarrant County Florida. South Dakota. direction to the McLennan-Falls County bounded by a line beginning at the Idaho. Utah. line; thence, following the McLennan- junction of State Highway 183 and the Michigan. Vermont. Falls County line in a northeasterly di­ Tarrant-Dallas County line; thence, fol­ Montana. Washington. rection to the McLennan-Limestone lowing State Highway 183 in a generally Nevada. Wisconsin. County line* thence, following the Mc­ southwesterly direction to Interstate North Dakota. Wyoming. Lennan-Limestone County line in a Highway 820; thence, following Inter­ (Secs. 4-7, 23 Stat. 32, as amended, secs. 1, northwesterly direction to its junction state Highway 820 ir. a southerly direc­ 2, 32 Stat. 791-792, as amended, secs. 1-4, 33 with U.S. Highway 84. _ tion to Fort Worth-Dallas Toll Road; Stat. 1264, 1265, as amended, secs. 1, 75 Stat. (xiv) That portion of Smith County thence, following the Fort Worth-Dallas 481, secs. 3 and 11, 76 Stat. 130, 132; 21 U.S.C. bounded by a line beginning at the junc­ Toll Road in an easterly direction to the I l l , 112, 113, 114g, 115, 117, 120, 121, tion of Farm to Market Road 16 and Tarrant-Dallas County line; thence, fol­ 123-126, 134b, 134f; 29 F.R. 16210, as Farm to Market Road 849 in the town lowing the Tarrant-Dallas County line amended) of Lindale; thence, following Farm to in a northerly direction to its junction Effective date. The foregoing amend­ Market Road 16 in a generally easterly with State Highway 183. ment of § 76.2„shall become effective upon direction to Farm-to-Market Road 2015; (xviii) That portion of Tom Green issuance. thence, following Farm-to-Market Road County bounded by a line beginning at The amendment quarantines a portion 2015 in a southwesterly direction to In­ the junction of U.S. Highway 67 and of Comanche County, Texas, because of terstate Highway 20; thence, following U.S. Highway, 87; thence, following U.S. the existence of hog cholera. This action Interstate Highway 20 in a southeasterly Highway 87 in a northwesterly direction is deemed necessary to prevent further direction to U.S. Highway 271; thence, to Mount Nebo Road; thence, following spread of the disease. The restrictions following U.S. Highway 271 in a south­ Mount Nebo Road in a northwesterly di­ pertaining to the interstate movement of westerly direction to Farm-to-Market rection to the Tom Green-Coke County swine and swine products from or Road 2908; thence, following Farm-to- line; thence, following the Tom Green- through quarantined areas as contained Market Road 2908 in a generally south­ Coke County line in an easterly direc­ in 9 CFR Part 76, as amended, will apply westerly direction to State Highway 31; tion to the Tom Green-Runnels County to the quarantined portion of such thence, following State Highway 31 in a line; thence following the Tom Green- County. No dther changes are made in southwesterly directon to State Highway Runnels County line in a southerly direc­ § 76.2(e), but all the presently effective 64; thence, following State Highway 64 tion to U.S. Highway 67; thence, follow­ provisions of § 76.2(e) are set forth above in a northwesterly direction to Farm-to- ing U.S. Highway 67 in a southwesterly for convenient reference. Market Road 724; thence, following direction to its junction with U.S. High­ The provisions above also include with­ Farm-to-Market Road 724 in a north­ way 87. out amendment the texts of § 76.2 (f) westerly direction to State Highway 110; (xix) That portion of Upton County and (g) which continue in effect. In this thence, following State Highway 110 in bounded by a line beginning at the junc­ respect, the provisions do not change the a southeasterly direction to Farm-to- tion of the Upton-Crane County line and rights or duties of any person. Market Road 849; thence, following Farm-to-Market Road 870; thence, fol­ The amendment imposes certain fur­ Farm-to-Market Road 849 in a north­ lowing Farm-to-Market Road 870 in a easterly direction to its junction with ther restrictions necessary to prevent the northeasterly and then southeasterly di­ interstate spread of hog cholera and Farm-to-Market Road 16 in the town of rection to U.S. Highway 67; thence, fol­ Lindale. must be made effective immediately to lowing U.S. Highway 67 in a south­ accomplish its purpose in the public in­ (xv) That portion of Stephens County westerly direction to State Highway 349; terest. Accordingly, under the adminis­ bounded by a line beginning at the junc­ thence, following State Highway 349 in a trative procedure provisions in 5 U.S.C. tion of U.S. Highway 183 (also State southwesterly direction to the Upton- 553, it i» found upon good cause that Highway 6) and U.S. Highway 180 (also Crockett County line; thence, following notice and other public procedure with State Highway 67); thence, following the Upton-Crockett County line in a respect to the amendment are imprac­ U.S. Highway 180 (also State Highway westerly direction to the Upton-Crane ticable and contrary to the public in­ . > *n an easterly direction to the divi­ County line; thence, following the Upton- terest, and good cause is found for sion of U.S. Highway 180 and State High­ Crane County line in a northerly direc­ making it effective less than 30 days

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18734 RULES AND REGULATIONS after publication in the F ederal R egister. ingly, under the administrative proce­ To preclude seventh stage compressor rotor dure provisions in 5 U.S.C. 553, it is found disc failures as the result of suspected mate­ Done at Washington, D.C., this 4th upon good cause that notice and other rial deficiency, accomplish the following: day of December 1970. public procedure with respect to the 1. Replace discs with 2,700 cycles or more in service within the next 30 cycles in service. F. J. M tjlhern, amendments are impracticable and un­ 2. Replace discs with 2,300 cycles, but less Acting Administrator, necessary, and good cause is found for than 2,700 cycles in service, within the next • Agricultural Research Service. making them effective less than 30 days 100 cycles in service, but prior to accumula­ [F.R. Doc. 70-16626; Filed, Dec. 9, 1970; after publication in the F ederal R egister. tion of 2,730 cycles. 8:49 a.m.] 3. Replace discs with 2,000 cycles, but less Done at Washington, D.C., this 4th day than 2,300 cycles in service, within the next of December 1970. 300 cycles in service, but prior to the accum­ [Docket No. 70-308] F. J. M tjlhern, ulation of 2,400 cycles. Acting Administrator, 4. Replace discs with less than 2,000 cycles PART 76— HOG CHOLERA AND OTHER Agricultural Research Service. in service prior to the accumulation of 2,300 COMMUNICABLE SWINE DISEASES cycles. [F.R. Doc. 70-16627; Filed, Dec. 9, 1970; The manufacturer’s Service Buletin iden­ Areas Quarantined 8:49 a.m.] tified and described in this directive is in­ corporated herein and made a part hereof Pursuant to provisions of the Act of pursuant to 5 U.S.C. 5 5 2 (a)(1 ). All persons May 29, 1884, as amended, the Act of affected by this directive who have not February 2, 1903, as amended, the Act of Title 14— AERONAUTICS AND already received this document from the March 3, 1905, as amended, the Act of manufacturer may obtain copies upon re­ September 6, 1961, and the Act of July 2, quest from Pratt & Whitney Aircraft Divi­ 1962 (21 U.S.C. 111-113, 114g, 115, 117, SPACE sion of United Aircraft Corp., East Hartford, Conn. This document may also be examined 120, 121, 123-126, 134b, 134f), Part 76, Chapter I— Federal Aviation Adminis­ at the FA A, Eastern Region, Federal Building, Title 9, Code of Federal Regulations, re­ tration, Department of Transporta­ J. F . Kennedy International Airport,_Jamaica, stricting the interstate movement of tion N.Y., at the FAA Headquarters, 800 Independ­ swine and certain products because of ence Avenue SW., Washington, DC. [Docket No. 7G-EA-92; Admt. 39-1084] hog cholera and other communicable A historical file on this AD which in­ swine diseases, is hereby amended in the, cludes the incorporated material in full following respects: PART 39—-AIRWORTHINESS DIRECTIVES is maintained by the FAA at its head­ 1. In § 76.2, the reference to the States quarters in Washington, D.C., and in the of Missouri and New York in the intro­ Pratt & Whitney Aircraft Engines Eastern Region. ductory portion of paragraph (e ), para­ graph (e) (5) relating to the State of The Federal Aviation Administration This amendment is effective December Missouri, and paragraph (e) (6) relating is amending § 39.13 of Part 39 of the 15, 1970, and was effective October 2, 1970, for all recipients of the telegram to the State of New York are deleted. Federal Aviation Regulations so as to 2. In § 76.2 in paragraph (e) (7) relat­ issue an airworthiness directive applica­ dated October 2, 1970, whicli. contained this amendment. ing to the State of North Carolina, sub­ ble to Pratt & Whitney Type JT8D air­ division (i) relating to Greene County is craft engines. (Secs. 313(a), 601, 603, Federal Aviation Act deleted. There have been reports of failures of of 1958, 49 U.S.C. 1354(a), 1421, 1423; sec. 6(c), Department of Transportation Act, 49 3. In f 76.2, in paragraph (e) (9) re­ the seventh stage compressor discs in­ U.S.C. 1655(c)) lating to the State of South Carolina, stalled in the JT8D engines. Certain of subdivision (ii) relating to Williamsburg these failures were caused by an increase Issued in Jamaica, N.Y., on Novem­ County is deleted. in the amount of lead in the X X NZ heat ber 23, 1970. W ayne H endershot, (Secs. 4-7, 23 Stat. 32, as amended, secs. 1, which results in low material ductility 2, 32 Stat. 791-792, as amended, secs. 1-4, 33 and reduced material fatigue life at high Acting Director, Eastern Region. Stat. 1264, 1265, as amended, sec. 1, 75 Stat. operating temperatures. Since this con­ The incorporation by reference provi­ 481, secs. 3 and 11, 76 Stat. 130, 132; 21 U.S.C. dition is likely to exist or develop in other sions in this document were approved by I l l , 112, 113, 114g, 115, 117, 120, 121, 123-126, engines of the same type design, an air­ the Director of the Federal Register on 134b, 134f; 29 F.R. 16210, as amended) worthiness directive is being issued to June 19,1967. Effective date. The foregoing amend­ require the removal of certain series of seventh stage discs within specified cycles [F.R. Doc. 70-16642; Filed, Dec. 9, 1970; ments shall become effective upon 8:51 a.m.] issuance. of operation. The amendments exclude a portion of Since a situation exists that requires Bates County, Mo.; a portion of Mont­ immediate adoption of this regulation, a [Airworthiness Docket No. 70-WE-23-AD; gomery County, N.Y.; a portion of Greene telegram was dispatched to all owners Arndt. 39-1123] County, N.C.; and a portion of Williams­ of aircraft incorporating the subject PART 39— AIRWORTHINESS engine on October 2, 1970. Therefore, it burg County, S.C., from the areas quar­ DIRECTIVES antined because of hog cholera. There­ is found that notice and public proce­ fore, the restrictions pertaining to the dure hereon are impractical and good Boeing Model 747—100 Series interstate movement of swine and swine cause exists for making this amendment Airplanes products from or through quarantined effective in less than 30 days. Amendment 39-1024 (35 F.R. 11176), areas as contained in 9 CFR Part 76, as In Consideration of the foregoing and AD 70-14-3, requires the inspection of all amended, will not apply to the excluded pursuant to the authority delegated to areas, but will continue to apply to the flap tracks and the installation of a plac­ me by the Administrator, 14 CFR 11.89 ard listing recommended flap operating quarantined areas described in § 76.2(e). (31 F.R. 13697), § 39.13 of Part 39 of the Further, the restrictions pertaining to speeds on the Boeing 747-100 Series air­ Federal Aviation Regulations is amended the interstate movement of swine and planes. After issuing Amendment 39- by adding the following new airworthi­ swine products from nonquarantined 1024, the agency determined that the re­ areas contained in said Part 76 will ap­ ness directive: . placement of the existing flap tracks with ply to the excluded areas. The amend­ Applies to all Pratt & Whitney aircraft redesigned flap tracks constitutes a satis­ ments release Missouri and New York JT8D series turbofan engines which incorpo­ factory terminating action. Therefore, from the list of States quarantined be­ rate Part No. 500507 seventh stage compres­ this AD is being amended to provide for cause of hog cholera. sor rotor disc with serial numbers listed in a terminating action. Pratt & Whitney Service Bulletin No. 2817, The amendments relieve certain re­ Since this amendment relieves a Rev. No. 1, dated September 18,1970. restriction, and imposes no additional strictions presently imposed and must be Compliance required as indicated after made effective immediately to be of max­ the effective date of this airworthiness di­ burden on any person, notice and public imum benefit to affected persons. Accord­ rective unless already accomplished. procedure hereon are unnecessary and

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 RULES AND REGULATIONS 18735

With wing weight relieved, remove all tank the am endm ent may be made effective in Boeing. Applies to Model 707 and 720 Series airplanes listed in Boeing Service B ul­ doors (Wing Sta. 0-40) and accomplish in­ less than 30 days. letin 2998, dated October 1, 1970, or later spections of lower spar cap, the attachment In consideration of the foregoing, and PAA-approved revisions. bolt holes in doors and the door supporting pursuant to the authority delegated to structure in accordance with paragraphs me by the Administrator (31 F.R. 13697), To prevent fluid bypassing within the Rud­ 3.2 through 3.5 of Strato Engineering Co., § 39.13 of Part 39 of the Federal Avia­ der Power Control Unit (PCU) accomplish Inc., Service Bulletin No. APA-3, Revision the following: A, dated October 23, 1970, or later FAA- tion Regulations, Amendment 39-1024 W ithin the next 300 hours’ time in service (35 F.R. 11176) is amended by adding the approved revision, or an equivalent inspec­ after the effective date of this AD, unless tion procedure approved by the Chief, Air­ following new paragraph (f) at the end previously accomplished, modify the Rudder craft Engineering Division, PAA Western thereof: PCU in accordance with Boeing Service B ul­ Region. Wings should continue to be sup­ (f) The existing flap tracks may be re­ letin 2998, dated October 1, 1970, or later ported until doors have been reinstalled. placed with redesigned flap tracks in accord­ PAA-approved revision or an equivalent ance with Boeing Service Bulletin 57-2011, method approved by the Chief, Aircraft En­ 2. By adding paragraph (c) as follows: Revision 4, dated November 25, 1970, or later gineering Division, PAA Western Region. (c) After accomplishing (b), repeat in­ FAA-approved revision or In a manner ap­ This amendment becomes effective De­ spections outlined in (a) (1) and (2) above proved by the Chief, Aircraft Engineering cember 11,1970. at intervals not to exceed 200 hours time in Division, PAA Western Region. Upon com­ service from the last inspection. pletion of this modification, the inspection (Secs. 313(a), 601, 60S, Federal Aviation Act and placard installation requirements of of 1958, 49 U.S.C. 1354(a), 1421, 1423; sec. This amendment becomes effective paragraphs (a) through (e) are no longer 6(c), Department of Transportation Act, 49 December 11, 1970. applicable. U.S.C. 1655(c)) (Secs. 313(a), 601, 603, Federal Aviation Act This amendment becomes* effective Issued in Los Angeles, Calif., on No­ of 1958, 49 U.S.C. 1354(a), 1421, 1423; sec. December 11, 1970. vember 27,1970. 6(c), Department of Transportation Act, 49 U.S.C. 1655(c)) (Secs. 313 (a ) , 601, 603, Federal Aviation Act James V. N ielson, of. 1958. 49 U.S.C. 1354(a), 1421, 1423; sec. Acting Director, Issued in Los Angeles, Calif., on No­ 6(c), Department of Transportation Act, 49 FAA Western Region. vember 27, 1970. U.S.C. 1655(c)) [F.R. Doc. 70-16644; Piled, Dec. 9, 1970; James V. N ielson, Issued in Los Angeles, Calif., on No­ 8:51 a.m.] Acting Director, vember 27, 1970. FAA Western Region.

James V. N ielson, [Airworthiness Docket No. 70—WEI-34—AD; [P.R. Doc. 70-16645; Piled, Dec. 9, 1970; Acting Director, Arndt. 39-1124] 8:51 a.m.] FAA Western Region, ' PART 39— AIRWORTHINESS [P.R. Doc. 70-16643; Piled, Dec. 9, 1970; [Airspace Docket No. 70-WE-80] 8:51 a.m.] DIRECTIVES PART 71— DESIGNATION OF FEDERAL DeHavilland Model D.H. 104 Dove AIRWAYS, AREA LOW ROUTES, [Airworthiness Docket No. 70—WE—47-A D ; Series 7A, 8A, 7AXC, 8AXC Airplanes Arndt. 39-1125] CONTROLLED AIRSPACE, AND RE­ Amendment 39-1106 (35 F.R. 17245), PORTING POINTS PART 39— AIRWORTHINESS AD 70-23-2, requires removal óf tank DIRECTIVES doors and inspection of attachment bolt Alteration of Control Zone and holes in doors and supporting structure Transition Area Boeing Model 707/720 Series in accordance with section 3.0 of Strato On October 24, 1970, a notice of pro­ Aircraft Engineering Co., Inc., Service Bulletin posed rule making was published in the No. APA-3, Revision A, dated October 23,. There have been reports of hydraulic F ederal R egister (35 F.R. 16595) stating 1970, on DeHavilland Model D.H. 104 fluid bypassing the channel seal within that the Federal Aviation Administra­ Dove Series 7A, 8A, 7AXC, 8AXC air­ the basic Rudder Control Unit P/N 65- tion was considering amendments to planes modified per STC SA1554WE or 6511. Fluid bypass causes the boost-on Part 71 of the Federal Aviation Regula­ SA1747WE. After issuing Amendment minimum control speed (V moa) to in­ tions that would alter the descriptions crease to some value between the normal 39-1106, the agency determined that of Casper, Wyo., control zone and tran­ wing weight should be relieved prior to boost-on and the higher boost-off mini­ sition area. removal of the tank doors and until the mum control speed. Full 3,000 p.s.i. pres­ Interested persons-were given 30 days sures may not be available. There is no doors have been replaced. In addition, the AD is being clarified to indicate that: in which to submit written comments, indication to the flight crew that the suggestions, or objections. No objections fluid bypass has occurred, and, in the (1) After tank door removal, the inspec­ event of an engine failure, loss of control tion at 1,000-hour intervals includes the have been received and the proposed may be experienced. Since this condition inspection-of the lower spar cap for amendments are hereby adopted with­ is likely to develop in other model 707 cracks, and (2) the spar cap 20-hour out change. and 720 airplanes, an airworthiness interval inspections should be relaxed Effective date. These amendments after assurance of proper fit of door at­ directive is being issued to require modi­ shall be effective 0901 G.m.t., February 4, fication of the Rudder Power Control tachments. Therefore, the AD is being Unit (PCU) by replacing the unnotched amended to clarify these items. 1971. channel seal with a notched channel Since this amendment provides a clari­ (Sec. 307(a), Federal Aviation Act of 1958, as seal. fication only, and imposes no additional amended, 49 U.S.C. 1348(a); sec. 6 (c ), De­ Since a situation exists that requires burden on any person, notice and public^ partment of Transportation Act, 49 U.S.C. 1655(c)) immediate adoption of this regulation, it procedure hereon are unnecessary and is found that notice and public procedure the amendment may be made effective in Issued in Los Angeles, Calif., on No­ hereon are impracticable and good cause less than 30 days. vember 30,1970. exists for making this amendment effec­ In consideration of the foregoing, and James V. N ielson, tive upon publication in the F ederal pursuant to the authority delegated to Register. Acting Director, Western Region. me by the Administrator (31 F.R. 13697), In consideration of the foregoing, and § 39.13 of Part 39 of the Federal Aviation In § 71.171 (35 F.R. 2054) the descrip­ pursuant to the authority delegated to Regulations, Amendment 39-1106 , (35 tion of the Casper, Wyo., control zone, me by the Administrator (31 F.R. 13697), F.R. 17245), AD 70-23-2, is amended as as amended by (35 F.R. 7379) is further S ¿9.13 of Part 39 of the Federal Avia­ amended by deleting all after “ * * * 10 tion Regulations is amended by add­ follows: ing the following new airworthiness 1. By amending paragraph (b)(1) to miles west of the O M ; * * *” and substi­ directive: read: tuting therefore “ * * * within 4 miles

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18736 RULES AND REGULATIONS each side of the Casper 2X6° radial, ex­ Issued in Kansas City, Mo., on No­ [Airspace Docket No. 70-WE-88] tending from the 5-mile radius zone to vember 18, 1970. theVORTAC. PART 71— DESIGNATION OF FEDERAL D a n ie l E. B a r r o w , In §71.181 (35 F.R. 2134) the de­ AIRWAYS, AREA LOW ROUTES, Acting Director, Central Region. scription of the 700-foot portion of the CONTROLLED AIRSPACE, AND RE­ Casper, Wyo., transition area, as [F.R. Doc. 70-16647; Filed, Dec. 9, 1970; PORTING POINTS amended by (35 F.R. 7379), is further 8:51 a.m.] amended by deleting all after “ * * * 18.5 PART 73— SPECIAL USE AIRSPACE miles west of the OM * * * ” and sub­ [Airspace Docket No. 70-CE-110} Revocation of Restricted Area and stituting therefore “ * * within 4 miles each side of the Casper ILS local­ PART 71 — DESIGNATION OF FEDERAL Alteration of Continental Control Area izer east course, extending from the AIRWAYS, AREA LOW ROUTES, The purpose of these amendments to 5-mile radius zone to 3 miles east of the CONTROLLED AIRSPACE, AND RE­ Parts 71 and 73 of the Federal Aviation Casper RBN and within 2 miles each Administration is to revoke the Tonopah, side of the Casper VORTAC 216° radial PORTING POINTS Nev., Restricted Area R-4814A; the extending from 26 to 31 miles southwest Alteration of Control Zone Tonopah, Nev., Restricted Area R-4814B, of the VORTAC; * * *” and to delete these areas from the conti­ [F.R. Doc. 70-16646; Filed, Dec. 9, 1970; On November 5, 1970, a final rule nental control area. 8:51 a.m.] was published in the F ederal R egister The U.S. Atomic Energy Commission (35 F.R. 17034), F.R. Doc. 70-14907, has advised the Federal Aviation Admin­ Airspace Docket No. 70-CE-110, which istration that Restricted Areas R-4814A [Airspace Docket No. 70-CE-26] in part altered the Alpena, Mich., con­ and R-4814B are no longer required. PART 71— DESIGNATION OF FEDERAL trol zone. Accordingly, action is taken herein to AIRWAYS, AREA LOW ROUTES, revoke these restricted areas. Subsequent to the publication of this Since these amendments restore air­ CONTROLLED AIRSPACE, AND RE­ rule the agency determined that the space to the public use and relieve a re­ PORTING POINTS following sentences were inadvertently striction, notice and public procedure Alteration of Control Zone. not included in the Alpena, Mich., con­ thereon are unnecessary, and good cause trol zone redesignation, to wit: exists for making these amendments On August 12, 1970, a final rule was This control zone shall be effective during effective on less than 30 days notice. published in the F ederal R egister (35 the specific dates and times established in In consideration of the foregoing, F.R. 12750), F.R. Doc. 70-10489, Airspace advance by a Notice to Airmen. The effec­ Parts 71 and 73 of the Federal Aviation Docket NO. 70-CE-26, which in part tive date and time will thereafter be con­ Regulations are amended, effective upon altered the Rhinelander, Wis., control tinuously published in the Airman’s Infor­ publication in the F ederal R egister, as zone. mation Manual. hereinafter set forth. Subsequent to the publication of this Accordingly, action is taken herein to 1. In § 73.48 (35 FJR. 2337) “Restricted rule the agency determined that the change the Final Rule redesignation so Areas R-4814A, Tonopah, Nev., and R- following sentences were inadvertently that it reads correctly. 4814B, Tonopah, Nev./’ are revoked. not included in the Rhinelander, Wis., Since this amendment is editorial in 2. In § 71.151 (35 F.R. 2043) “R-4814A, control zone redesignationvto wit: nature it imposes no additional burden Tonopah, Nev.,” and “R-4814B, Tonopah, Nev.,” are deleted. This control zone shall be effective during on any person, notice and public pro­ the specific dates and times established in cedure hereon are unnecessary.' (Sec. 307(a), Federal Aviation Act of 1958, advance by a Notice to Airmen. The effective 49 U.S.C. 1348; sec. 6 (c ), Department of date and time will thereafter be continuously In consideration of the foregoing, Transportation Act, 49 U.S.C. 1655(c)) published in the Airman’s Information § 71.171 of Part 71 of the Federal Avia­ Manual. tion Regulations is amended effective im­ Issued in Washington, D.C., on Decem­ ber 2,1970. Accordingly, action is taken herein to mediately as hereinafter set forth: change the Final Rule redesignation so In § 71.171 (35 F R . 2054), the follow­ H. B. H elstrom, that it reads correctly. ing control zone is amended to read: Chief, Airspace and Air Traffic Rules Division. Since this amendment is editorial in Alpena, Mic h . nature it imposes no additional burden [F.R. Doc. 70-16656; Filed, Dec. 9, 1970; That airspace within a 5-mile radius of 8:52 a.m.] on any person, notice and public proce­ Phelps-Collins Airport, Alpena, Mich, (lati­ dure hereon are unnecessary. tude 45°04'50" N., longitude 83°33'35" W .); within 3 miles each side of the 360° bearing In consideration of the foregoing, from the Alpena RBN, extending from the § 71.171 of Part 71 of the Federal Avia­ 5-mile radius to 8 miles north of the Alpena Title 19— CUSTOMS DUTIES tion Regulations is amended effective RBN; within 3 miles each side of the Alpena Chapter I— Bureau of Customs, VORTAC 346° radial, extending from the immediately as hereinafter set forth: 5-mile radius to 7% miles north of the Department of the Treasury In § 71.171 (35 F.R. 2054), the fol­ VORTAC; within 3 miles each side of the [T.D. 70-2531 lowing control zone is amended to read: Alpena VORTAC 305° radial, extending from the 5-mile radius to 7 miles northwest of the PART 24— CUSTOMS FINANCIAL AND R hinelander, W is . VORTAC; and within 3 miles each side of ACCOUNTING PROCEDURE Within a 5-mile radius of Rhinelander the Alpena VORTAC 186° radial, extending from the 5-mile radius to 7 miles south of Oneida County Airport (latitude 45°38'00'' Reimbursable Services; Computation the VORTAC. This control zone is effective N., longitude 89°27'30'' W.); within 2ya of Overtime Services Rendered in during the specific dates and times estab­ miles each side of the Rhinelander VORTAC lished in advance by a Notice to Airmen. The Broken Periods 229 • radial extending from the 5-mile-radius effective dais' and time will thereafter be zone to 6 miles southwest of the VORTAC; F ederal y2 continuously published in the Airman’s In­ Notice was published in the and within 2 miles each side of the Rhine­ y2 formation Manual. R egister of June 2, 1970 (35 F.R. 8499), lander VORTAC 322° radial extending from that it was proposed to amend § 24.16(f) the 5-mile-radius zone to 6 y2 miles north­ (Sec. 307(a), Federal Aviation Act of 1958, of the Customs regulations to provide a west of the VORTAC. This control zone is 49 U.S.C. 1348; sec. 6 (c ), Department of uniform method of computing customs effective during the specific dates and times Transportation Act, 49 U.S.C. 1655(c)) established in advance by a Notice to Air­ overtime services when rendered m men. The effective date and time will Issued in Kansas City, Mo., on Novem­ broken periods at night or on a Sunday thereafter be continuously published in the ber 18,1970. or holiday. After careful consideration of Airmen’s Information Manual. D a n ie l E. B a r r o w , all relevant data, views, and arguments submitted regarding the proposed rule (Sec. 307(a), Federal Aviation Act of 1958, Acting Director, Central Region. 49 U.S.C. 1348; sec. 6 (c), Department of [F.R. Doc. 70-16648; Filed, Dec. 9, 1970; making, the proposal is adopted as pub­ Transportation Act, 49 U.S.C. 1655(c)) 8:51 a.m.] lished with the following minor change.

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 RULES AND REGULATIONS 18737

Each time an employee is assigned and available for use only by researchers and (42 U.S.C. 1857c-2(a)) was held on Sep­ reports for overtime duty on a weekday GrSA staff members. tember 8, 1970. Due consideration has or on a Sunday or a holiday constitutes a The table of contents for Part 105-61 been given to all relevant material pre­ separate broken period even though no is amended by the addition of new sented with the result that Camden, services, or services of less than one hour, § 105-61.305-4 as follows: Chowan, Currituck, Gates, Pasquotank, and Perquimans Counties, in the State are actually rendered on such assign­ Sec. of North Carolina, have been deleted ment. x 105-61.305-4 Book collections. Accordingly, § 24.16(f) is amended to from the region, and the name has been read as follows: Subpart 105—61.2— Public Use of changed to the Metropolitan Norfolk Donated Historical Materials Intrastate Air Quality Control Region. § 24.16 Overtime services ; overtime In consideration of the foregoing and compensation; rate o f compensation. Section 105-61.202(b) is revised to read in accordance with the statement in the ***** as follows: notice of proposed rule making, § 81.93, (f) Broken periods. When overtime § 105—61.202 Restrictions. as set forth below, designating the Metro­ services at night or on a Sunday or holi­ * * * * * politan Norfolk Intrastate Air Quality day are rendered in broken periods, the Control Region, is adopted effective on (b) Use must relate to a study re­ publication. actual time each assignment began and quiring the unique resources of the ended shall be reported. Overtime serv­ depository. § 81.93 Metropolitan Norfolk Intrastate ices rendered in such broken periods shall Air Quality Control Region. be treated as though the services had Subpart 105—61.3— Public Use of Fa­ been continuous except when the total of cilities of the National Archives and The Metropolitan Norfolk Intrastate Air Quality Control Region (Virginia) the compensation computed separately Records Service for each such period in accordance with consists of the territorial area encom­ the provisions of paragraphs (g) and (h) Section 105-61.305-4 is added, as passed by the boundaries of the following of this section is less than when com­ follows: jurisdictions or described area (includ­ ing the territorial area of all municipal­ puted as though the services had been § 105—61.305—4 Book collections. considered continuous. For purposes of ities (as defined in section 302(f) of the computing compensation, each time an The book collections of Presidential Clean Air Act, 42 U.S.C. 1857h(f)) geo­ employee is assigned and reports for libraries are available to researched graphically located within the outermost overtime duty on a weekday or on a Sun­ needing the unique resources of such boundaries of the area so delimited): day or holiday constitutes a separate libraries and to GSA staff members. In the State of Virginia: Other persons desiring to use the book broken period even though no services, Counties or services of less than 1 hour, are actu­ collections will generally be referred to ally rendered on such assignment. In no public libraries and other possible sources Isle of Wight. Southampton. of such materials. James City. York. case shall any employee be entitled^to Nansemond. receive more than 2 y2 days’ pay by rea­ (S&b. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) son of the fact that he is given two or Cities Effective date. The revision shall be­ more assignments during one night. come effective upon publication in the Chesapeake. Portsmouth. Franklin. Suffolk. ***** F ederal R e g ister . Hampton. Virginia Beach. This amendment shall become effective Dated: December 3, 1970. Newport News. Williamsburg. 30 days after publication of this amend­ Norfolk. ment in the F ederal R eg iste r . R o ber t L . K u n z ig , Administrator. (Secs. 107(a), 301(a), 81 Stat. 490, 504; 42 (Sec. 5, 36 Stat. 901, as amended, secs. 451, U.S.C. 1857c-2(a), 1857g(a)) 624, 46 Stat. 715, as amended, 759; 19 U.S.C. [F.R. Doc. 70-16574; Filed, Dec. 9, 1970; 267, 1451, 1624) 8:45 a.m.] Dated: November 16, 1970.

[ seal] M y l e s J. A m b r o s e , R a y m o n d S m it h , Commissioner of Customs. Acting Commissioner, National Air Pollution Control Administration. Approved: November 30,1970. Title 42— PUBLIC HEALTH Approved: November 30, 1970. E ugene T. R o ssid e s, Chapter I— Public Health Service, De­ Assistant Secretary E l l io t L . R ic h a r d s o n , partment of Health, Education, and Secretary. of the Treasury. Welfare (P.R. Doc. 70-16641; Filed, Dec. 9, 1970; (F.R. Doc. 70-16682; Filed, Dec. 9, 1970; SUBCHAPTER G— PREVENTION, CONTROL, AND 8:51 a.m.) 8:52 a jn .] ABATEMENT OF AIR POLLUTION PART 81— AIR QUALITY CONTROL REGIONS, CRITERIA, AND CONTROL PART 81— AIR QUALITY CONTROL Title 41— PUBLIC CONTRACTS TECHNIQUES REGIONS, CRITERIA, AND CONTROL TECHNIQUES AND PROPERTY MANAGEMENT Metropolitan Norfolk Intrastate Air Quality Control Region Metropolitan Dubuque Interstate Air Chapter 105— General Services Quality Control Region Administration On August 22,1970, notice of proposed On September 12, 1970, notice of pro­ PART 105-61— PUBLIC USE OF REC­ rule making was published in the F ed­ eral R e g ister (35 FJEt. 13459) to amend posed rule making was published in the ORDS, DONATED HISTORICAL MA­ Part 81 by designating the Norfolk F ederal R eg ister (35 F.R. 14406) to TERIALS, AND FACILITIES IN THE (Virginia) —Elizabeth City (North Caro­ amend Part 81 by designating the Metro­ NATIONAL ARCHIVES AND REC­ lina) Interstate Air Quality Control Re­ politan Dubuque Interstate Air Quality ORDS SERVICE gion, hereafter referred to as the Metro­ Control Region. politan Norfolk Intrastate Air Quality Interested persons were afforded an Miscellaneous Amendments Control Region. opportunity to participate in the rule making through the submission of com­ These amendments provide that use of Interested persons were afforded an ments, and a consultation with appro­ aonated historical materials must relate opportunity to participate in the rule making through the submission of com­ priate State and local authorities pur­ a study requiring the unique resources ments, and a consultation with appropri­ suant to section 107(a) of the Clean Air , the depository, and that the book col­ ate State and local authorities pursuant Act (42 U.S.C. 1857c-2(a) ) wa,s held on lections of Presidential libraries are to section 107(a) of the Clean Air Act September 29, 1970. Due consideration

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 Mo. 239- 18738 RULES AND REGULATIONS

has been given to all relevant material spects. All the proposed assignments A assignments to six communities, all of presented. within 250 miles of the United States- them the largest cities in their counties In consideration of the foregoing and Canadian border have been approved and all but Southern Pines, N.C., a in accordance with the statement in the by Canada under the terms of the county seat. Three of the communities notice of proposed rule making, § 81.1(U, Canadian-United States Agreement of have no AM outlets; Independence, Iowa, as set forth below, designating the 1947 and the Working Arrangement of' and Southern Pines have daytime-only Metropolitan Dubuque Interstate Air 1963. Population figures are from both AM stations and Greenville, Tex., has a Quality Control Region, is adopted effec­ the 1960 Census and 1970 Census.1 fulltime class IV station. None is in an tive on publication. 2. Six unopposed first class A assign­ urbanized area (1960 Census). The com­ § 81.101 Metropolitan Dubuque Inter­ ments. In paragraph 2 of the notice munities, channel proposed, 1960 and state Air Quality Control Region. herein, it was proposed to make first class preliminary 1970 Census population, and county population, are as follows; none The Metropolitan Dubuque Interstate xAs to the 1970 Census, all are from the of the proposals was opposed, all of the Air Quality Control Region (Illinois- preliminary reports. Final figures are not yet assignments appear warranted, and we Iowa-Wisconsin) consists of the terri­ available. áre herein adopting them: torial area encompassed by the bound­ aries of the following jurisdictions or Population Population described area (including the territorial City Channel------County -----— ------area of all municipalities (as defined in 1960 1970 I960 1970 section 302(f) of the Clean Air Act, 42 U.S.C. 1857h(f) ) geographically located Southern Pines, N.C______> 296A 5,198 5,984 Moore_____!______36,733 37,814 Greenville, Tex...... 228A 19,087 21,867 Hunt...... 39,399 46,565 within the outermost boundaries of the Monticello, N .Y ______...______252A 5,222 (2) Sullivan...... 45,272 (») area so delimited): Grundy Center,-Iowa...... 2 249A 2,403 2,648 Grundy...... 14,132 13,923 Independence, Iowa______237A 5,498 5,861 Buchanan______22,293 21,484 In the State of Illinois: Sulphur, Okla...... 265A 4,737 5,041 Murray___.______10,622 10,274 Jo Daviess County. 1 The transmitter site of Channel 296A must be about 1.8 miles west of the reference point. In the State of Iowa: 2 Use of Channel 249A 'Will require a transmitter site about 1 mile north of Grundy Center. * Not available. Clayton County. Jackson County. Dubuque County. 3. Cuba-Sullivan, Mo. (R M -1557). W e tion at either Cuba or Sullivan would In the State of Wisconsin: next consider the alternative allocation serve sparsely populated areas, and, thus, of Channel 265A to either Cuba or Sul­ with the economies afforded-by being as­ Grant County. livan, Mo. The petitioner, Maurice W. sociated with an existing standard broad­ (Secs. 107(a), 301(a), 81 Stat. 490, 504; 42 Covert, doing business as Radio Cuba, cast station, there would be greater op­ U.S.C. 1857c-2(a), 1857g(a)) requested the assignment of that chan­ portunity to flourish at Sullivan. We are Dated: November J_2, 1970. nel to Cuba, on the basis of its population not persuaded by this argument, which of 1,672 (2,046) ,2 the largest community pursued to its logical extreme might J o h n T. M id d l e t o n , in Crawford County, population 12,647 , mean depriving a community of an aural Commissioner, National Air (14,477), with no existing aural broadcast broadcast service where the need is the Pollution Control Administration. outlets or FM assignments in the county. greatest. Radio Cuba filed no comments Approved: November 30,1970. Because the technical data supporting or reply comments. the petition showed a large preclusion 5. While the maximum allowable fa­ E l l io t L. R ic h a r d s o n , area, the notice alternatively suggested cility for a class A channel at either com­ Secretary. assignment to Sullivan, population 4,098 munity would serve comparable popula­ [F.R. Doc. 70-16681; Filed, Dec. 9, 1970; (5,104), within that area. Sullivan is lo­ tions totally, on balance, it appears that 8:52 a.m.] cated 17 miles north of Cuba astride the the public interest, convenience, and ne­ boundary between Crawford and Frank­ cessity would be better served by assign­ lin Counties and mostly in Franklin ing Channel 265A to Sullivan. As already (Franklin’s population is 44,566 (54,- noted, the population of Sullivan is sub­ Title 47— TELECOMMUNICATION 452)). It was noted that Sullivan had a stantially greater than that of Cuba, and, daytime-only AM station, KTUI. additionally, Cuba would be within the Chapter I— Federal Communications 4. Comments were filed in support of 1 mv/m service contour if an existing Commission making the assignment to Sullivan by allocation at nearby Rolla were activated Henry J. Hampel and Edward F. Good- while Sullivan would not, nor is there any [Docket No. 18905; FCC 70-1260] berlet jointly and Glynn J. Rice and present assignment which could serve PART 73— RADIO BROADCAST Charles D. Strauser, doing business as Sullivan in a similar way. Cuba is sub­ stantially closer to Rolla (1970 prelim­ SERVICES Meramec Valley Broadcasting Co. (Mera- mec), licensee of daytime-only Station inary Census population 13,575) than is Table of Assignments; Certain FM K T U I at Sullivan. Meramec relies on the Sullivan to it or any community of simi­ Broadcast Stations greater population of Sullivan and the lar size. Therefore, on balance, despite higher percentage increase between 1960 the fact that Sullivan has a local day­ In the matter of amendment of § 73.- and 1970 of that community (24.5 per­ time-only station and Cuba (and its 202, Table of Assignments, PM Broad­ cent) over Cuba (22.4 percent). Meramec county) have no broadcast outlets, we cast Stations (Southern Pines, N.C.; notes that a similar facility at both com­ conclude that the' assignment to Sullivan Greenville, Texas; Monticello, N.Y.; munities would serve comparable popula­ is to be preferred. We also note that com­ Grundy Center and Independence, Iowa; tions of 17,393 or 16,214 (from the K T U I ments herein supported the Sullivan pro­ Sulphur, Okla.; Antigo, Wis.; Milling­ transmitter site or the Cuba reference posal whereas none were filed support­ ton, Tenn.; Calhoun City, Miss.; Cuba, point) based on 1970 Census figures; but ing the Cuba proposal, even though both Mo.; and Kentland, Ind.), Docket No. that if Channel 287 assigned to Rolla, alternatives were advanced in the notice. 18905, RM-1465, RM^-1469, RM-1472, Mo., were to be utilized, Cuba would be This fact, although of slight importance RM-1557, RM-1558, RM-1573, RM-1574, provided with 1 mv/m or greater FM generally, is something which should noi RM-1583, RM-1584, RM-1585, RM-1586, service, but there is no comparable po­ be ignored in an otherwise close case. Th RM-1601. tential service for Sullivan. Another one assignment to Sullivan must be 1 mlJ Report and Order. 1. The Commission of Meramec’s contentions is that a sta­ west in order to meet mileage separa­ here considers the notice of proposed rule tions.3 making in Docket No. 18905, adopted * The first figure is the 1960 Census and the ~ „niicant, July 1,1970 (FCC 70-707; 35 P.R. 11185), parenthetical one is for 1970. This format is * Meramec, if the successful to amend the FM Table of Assignments followed for all population figures herein- would have no problem if it used the n- (§ 73.202(b) of the rules) in various re­ pfter. AM antenna.

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 RULES AND REGULATIONS 18739

8. Antigo, Wis. (RM-1465). The peti­ 6. Kentland-Fowler, Ind. (R M -1558). Channel No; Petitioner Almo Smith-requested the al­ tioner, Antigo Broadcasting Co., licensee City location of Channel 240A to Kentland, of daytime-only AM Station WATK, Present Proposed Ind., population 1,783 (1,849) located in seeks to substitute Channel 287 (class C) Newton County with a population of for Channel 285A presently assigned to Millington, Tenn____ 232A Oxford, Miss...... 237A.248 221A, 248 11,502 (11,455). Mr. Smith, in his peti­ Antigo. It is urged that the Class C Senatoria, Miss_____ ...... 232A 237A tion, noted that neither Newton nor channel would permit first FM service adjoining Benton County had a radio to an area east and north of Antigo population and related outlet, and our notice alternatively pro­ duplicating the wide area coverage of In addition to posed assignment of Channel 240A to its low frequency AM station, which a considerations, our Notice pointed to Fowler, the seat of Benton County be­ class A channel cannot. As our notice the following pertinent circumstances: cause of its larger population of 2,491 indicated, the burden in such cases is Channel 232A might be used at Milling­ (2,589). Benton County's population is on the petitioner to clearly demonstrate ton, if a site is selected about 7 miles 11,912 (11,163). Almo Smith promptly that significant gains of first and second southeast of Millington roughly equidis­ filed comments stating that the assign­ service would be provided if a wide cov­ tant from the northeastern city limits ment should be made at Fowler. Mean­ erage class B or C channel is allocated of Memphis; but petitioner failed to sub­ while, Iroquois County Broadcasting Co., in lieu of a class A channel for a place mit a preclusion study on the six ad­ licensee of Station W G FA and W G F A - of less than 10,000 population.4 In this jacent channels as required when FM, Watseka, HI., filed comments in respect, while the 1960 population of requesting an FM assignment near a opposition to the Kentland proposal. Antigo was 9,691, the 1970 Census shows population center having multiple serv­ Iroquois contended that the operation of a decrease to 8,940 persons.® Our notice ice; see public notice, entitled “Policy to an FM station at Kentland would cause also stated that Antigo Broadcasting’s, Govern Requests for Additional FM As­ it serious economic loss because it pro­ study submitted in support of the peti­ signments,’’ 9 R.R. 2d 1245 (1967). The vides both AM and FM service to Kent­ tion was deficient because not taken into notice also referred to the fact that most, land, programs specifically for that com­ consideration was the second class C as­ if not all, 15 aural outlets in Memphis munity, and derives substantial revenues signment at Rhinelander, Wis., or the (six unlimited and three daytime-only therefrom. In the latter respect, Iro­ actual site of Station WRVM (FM), AM and six class C FM stations) provide quois states that in 1969 the Indiana Suring, Wis. Antigo did not make this service to Millington. With respect to accounts produced more gross income further showing. It would appear that the proposed Channel 221A assign­ than the amount of operating profit be­ either it is unable to, or it has lost inter­ m e n ts ), the notice also noted that new fore taxes, and without the Indiana est in the proposed rule makifig. In either assignments on that channel have been revenue Iroquois would be forced to re­ event, we must deny the proposed change avoided unless a minimal impact on duce its operation to a marginal one, to on the basis of the information and data educational Channels 218, 219, and 220 the detriment of listeners and the public before us. could be demonstrated. The notice (par. 14) specifically stated that— interest generally. Additionally, Iroquois 9. Millington, Tenn. and Calhoun noted that the assignment of Channel City, Miss. (RM-1469 and RM-1472), Neither party submits sufficient informa­ 240A at Kentland would preclude a large and West Memphis, Ark. As the notice tion * * * as to relative needs of the assign­ area covering two States, including a list stated, these are conflicting proposals. ments sought * * * aU interested parties may submit comments and additional sup­ of communities at least six of which, in­ In RM-1472, Calhoun County Broad­ cluding Fowler, had populations greater porting data * * *. Our final decision on casting Co. proposed to allocate Channel these cases will include careful consideration than Kentland. Iroquois’ reply comments 221A to Calhoun City, Miss., without any of relative needs * * * for Millington and noted Smith’s change of position and it other change in the Table of Assign­ Calhoun City, an analysis of the preclusion now argues that, although Station ments. RM-1469 is a petition of Albert impact on the channel proposed at Millington WGFA-FM does not provide 1 mv/m (232A) and the six pertinent adjacent chan­ L. Crain primarily to have Channel 232A service to Fowler, the service from an nels, and the Impact on educational assign­ FM station at Fowler to common areas allocated to Millington, Tenn., but in­ ments that might result from assigning would have an adverse impact on Iro­ volving changes elsewhere including Channel 221A at either Oxford or Calhoun City. Any interested party may, of course, quois' operations. Smith also filed reply Channel 221 A. Crain's proposal is as submit proposals to avoid the problems comments relying on the population follows: discussed above. growth of Fowler and economic growth 10. Newport Broadcasting Co., licensee of Benton County, and asserting that * This criteria derives from Docket No. assignment to Fowler rather than Kent­ 17095, where the further notice of proposed of daytime-only Station KSUD, at West land would provide a first broadcast rule making, adopted June 7, 1967 (FCC Memphis, Ark., filed comments urging facility to a larger community and its 67-665) stated that the test in comparable the assignment of Channel 232A to West county. Additionally, Smith asserts that circumstances would be the comparison of Memphis rather than Millington. Its his request demonstrates a need for a a class A operating at full height and power counterproposals respectively are: broadcast facility at Fowler, while no one and a class C operating at 75 kw at 500 foot antenna height. Plan I from any of the other communities listed The further notice pertinently said: by Iroquois showed any interest, and the “We believe that the assumed facility 75 Channel No; preclusion criteria are not applied when kilowatts ERP and 500 feet AAT for all exist­ City the requested allocation is for a first ing stations, unoccupied Class C assignments, Present Proposed broadcast facility. and the proposed station, to be reasonable 7. Iroquois apparently recognizes that for several reasons. First, such facilities are West Memphis, Ark.. 232A readily obtainable. Secondly, it is expected Senatobia, Miss _...... 232A 237A its economic injury argument is weak­ that existing stations operating with lesser Oxford, Miss - ...... 237A, 248 221A, 248 ened if allocation is made to Fowler Calhoun City, Miss 272A facilities to apply for greater facilities as FM Charleston, Miss...... 272A »232A rather than Kentland. But, even if only develops and receives wider public accept­ allocation to Kentland was before us, ance. Third, we believe. that all available Plan II this type of argument has long since assignments of the country will be taken up been put to rest by FCC v. Sanders in the near future especially in those por­ Brothers Radio Station, 309 U.S. 470 tions of the country where Class C assign­ West Memphis, Ark.. 232A ments requires changes or deletion of other Senatobia, Miss_____ ...... 232A 237A (1940), and we need discuss it no fur­ Oxford, Miss...... 237A, 248 248 assignments as the case herein presented. Calhoun City, Miss... 221A ther. For substantially the same reasons Finally, we believe that such facilities should mentioned in the Cuba-Sullivan situa­ be used by any proponent of a Class C as­ signment if the primary reason for the » To maintain co-channel mileage spacing to Channel tion, the Commission feels that the 232A, Leland, Miss., the transmitter site would have public interest, convenience, and neces­ request is the unserved area that would be to be about 2 miles northwest of Charleston. served, * * * ” sity would be served by making the allo­ B Langlade County’s population has dimin­ Either Plan obviates the mutual exclu­ cation to Fowler. ished proportionately from 19,916 to 18,422. sivity aspect of RM-1469 and RM-1472,

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18740 RULES AND REGULATIONS although the question of impact on edu­ Arkansas, with the only local aural serv­ Channel cational Channels 218, 219, and 220 re­ ice its own daytime-only A M station and City No. Independence, Iowa______237A mains. Newport also contends that it is that West Memphis, located in Arkansas, Sulphur, Okla______265A doubtful whether a transmitter site is can never .be absorbed as part of Mem­ Sullivan, Mo______265A available for a Channel 232A assignment phis, located in Tennessee. Fowler, Ind______.______240A to Millington to provide coverage as re­ Oxford, Miss______248 11. Basic information and data about quired by § 73.207 of the rules. Newport Calhoun City, Miss______272A further urges that West Memphis is the cities involved, that is, counties in Senatobia, Miss______237A more entitled to the Channel 232A- allo­ which located, and populations, are as Charleston, Miss______232A cation as the eighth largest city in follows: 15. It is further ordered, That these proceedings are. terminated. Population Population (Secs. 4, 303, 307, 48 Stat., as amended, 1066, City ---- — ------=----- County ------1082; 1083; 47 U.S.C, 154, 303, 307) I960 1970 1960 1970 Adopted: December 2, 1970. Millington, Tenn,...... 6,069 21,142 Shelby...... 627,019 718,717 West Memphis, A r k ...... i ...... 19,374 25,796 Crittenden______...... I 47,564 48,273 Released: December 4,1970. Calhoun City, Miss...... 1,714 l'j 812 Calhoun...... 15,941 14,264 Oxford, Miss______5,283 9,147 Lafayette______...... ' 21,355 24,055 F ederal C ommunications Senatobia, Miss______.______._____ 3,259 4,170 Tate...... 18,138 18,072 C o m m is s io n , Charleston, M iss:....,.....______..... ___ 2,528 2,811 Tallahatchie...... ______24,081 18,865 [ s e a l] B e n F. W a p l e , Secretary. All of the Mississippi communities are second report and order, Docket No. [F.R, Doc. 70-16558; Filed, Dec. 9, 1970; the largest in their respective counties, 15935; 6 R.R. 2d 1513 (1965). Channel 8:45 a.m.] and each, except Calhoun City, is the 237A was added in 1966 for “purely local county seat. Except for Oxford’s Channel needs” as opposed to regional capability; 248 (Station K O O R ), none of the as­ see first report and order, Docket No. signed channels is occupied or applied 16601, 4 FCC 2d 528, 530 (1966) . How­ Title 50— WILDLIFE AND for. Additionally, Millington, while not ever, for whatever reason, the University part of the Memphis Urbanized Area is apparently abandoned its plan, and part of the 1960 and 1970 Memphis Channel 248 is operative as Station FISHERIES SMSA (Shelby County). West Memphis, W OOR, licensed to Leroy E. Kilpatrick. Chapter I— Bureau of Sport Fisheries which is about 5 miles from Memphis, Tn short, the reason for two assignments and Wildlife, Fish and Wildlife was not part of the Memphis SMSA in at Oxford no longer exists; however, on Service, Department of the Interior 1960 but it is included for the 1970 a proper showing, the Commission Census. through appropriate procedure would PART 33— SPORT FISHING consider assignment to Oxford of Chan­ 12. The parties have not furnished es­ Big Lake National Wildlife Refuge, sential data. Neither Crain, the peti­ nel 221A or whatever other channel is tioner for Channel 232A at Millington, available. Ark. nor Newport Broadcasting Co., the peti­ 13. We find that the public interest, The following special regulations are tioner for that channel at West Memphis, convenience and necessity would be issued and are effective on date of publi­ served by making an assignment to Cal­ has adduced information and data as to cation in the F ederal R egister. preclusion on Channels 229 through 235. houn City. This may be accomplished by Additionally, there is now a difference making appropriate changes in other § 33.5 Special regulations; sport fish­ ing; for individual wildlife refuge between these parties as to whether a communities including' the reallocation areas* transmitter site is available from which of 237A from Oxford, Miss., and the A r k a n sa s Channel 232A could serve Millington. other changes as follows: While no one has submitted information Channel big l a k e n a t io n a l w il d l if e refuge about the impact on the three adjacent City No. Sport fishing on the Big Lake National educational channels from allocating Calhoun City, Miss------272A Wildlife Refuge, Manila, Ark., is per­ Channel 221 A, implicit in the proposals Senatobia, Miss------,— - 273A Charleston, Miss------8 232A mitted i on all water areas. These areas, of Newport Broadcasting Co., is an al­ comprising 4,000 acres, are delineated on ternative permitting a channel alloca­ « As already noted in par. 10, there will be a map available at the refuge headquar­ tion to Calhoun City without use of this a transmitter site limitation. ters and from the office of the Regional channel, i.e., by making the allocations Because of the failure of these parties to Director, Bureau of Sport Fisheries and according to its Plan I without replacing adduce information about preclusion, the Wildlife, Peachtree-Seventh Building, Channel 237A at Oxford (see Plan I I ). Commission, at this time, must deny the Atlanta, GA 30323. Sport fishing shall be Indeed, this is justifiable in the particu­ petition of Albert L. Crain to assign in accordance with all applicable State lar circumstances. From the - general Channel 232A to Millington, Tenn., and regulations except the fo llo w in g special viewpoint, a city the size of Oxford does the counterproposal of Newport Broad­ condition: not merit two FM channel assignments. casting Co., to assign that channel to GO The sport fishing season on the See further notice of proposed rule mak­ West Memphis, Ark. refuge extends year-round except closed ing in Docket No. 14185, adopted July 14. In view of the foregoing, and pur­during duck hunting season. 25,1962 (FCC 62-867), and incorporated suant to authority found in sections 4 (i), The provisions of this special re^ r ,‘ by reference in paragraph 25 of the 303, and 307(b) of the Communications tion supplement the regulations whic Third Report, Memorandum Opinion Act of 1934, as amended: It is ordered, govern fishing on wildlife refuge areas and Order, adopted July 25,1963, 23 R.R. That effective January 13, 1971, § 73.202 generally which are set forth in Title 5 , 1859, 1871. Channel 248 was assigned to (b) of the Commission’s rules, the Table Oxford in 1965 at the specific request of of Assignments, FM Broadcast Stations, Code of Federal Regulations, Part 33 and the University of Mississippi, which ex­ is amended to read, insofar as the named are effective through December 31, 19" • pressed the intention to apply for its communities, as follows: - Ç. E dw ar d C ar lso n, use to provide a wide gamut of pro­ Channel Regional Director, Bureau of gramming directed to the social, intellec­ City No. tual, and cultural needs of the northern Southern Pines, N.C------296A D ecem ber part of Mississippi, and that advertising Greenville, Tex— ------228A 4, 1970; revenues from a commercial channel Monticello, N .Y ------252A [F.R. Doc. 70-16585; Filed, Dec. 9, I9' • 8:46 a.m.] were needed to fulfill these objectives. See Grundy Center, Iowa------249A

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 RULES AND REGULATIONS 18741

PART 33— SPORT FISHING able at refuge headquarters, Brigham Total City, Utah, and from the Regional Di­ State apportionment Lake llo National Wildlife Refuge, rector, Post Office Box 1306, Albuquerque, New Hampshire_____ .______28; 072 N. Dak. N M 87103. Sport fishing extends from New Jersey______303, 440 January 1 through December 31, 1971, New Mexico______57,086 The following special regulation is New York______319,623 inclusive, in accordance with all appli­ issued and is effective on date of publi­ North Carolina______678,695 cable State regulations subject to the fol­ cation in the F ederal R egister. North Dakota______29,878 lowing special conditions r O h i o ______728, 868 §33.5 Special regulations; sport fish­ (1) The use of boats is prohibited Oklahoma .______149,516 ing; for individual wildlife refuge below the river control gates at refuge O regon ______98,029 areas. headquarters. Pen nsylvania______633,913 N orth D akota (2) Fishermen are required to register Rhode Island______76, 846 South Carolina______247,941 LAKE ILO NATIONAL W ILDLIFE REFUGE at the refuge office upon entering the South Dakota______71,937 refuge. Sport fishing on the Lake llo National Tennessee ______723,172 Wildlife Refuge, Dunn Center, N. Dak., The provisions of this special regula­ Texas ______520, 370 tion supplement the regulations which U t a h ______;______17,946 is permitted only oh the area designated V e r m o n t ______41,662 by signs as open to fishing. The area open govern fishing on wildlife refuge areas generally which are set forth in Title 50, V ir g in ia ______!______314,167 for winter fishing, comprising 1,050 acres, W a sh in g to n ______164,001 and the area open for summer fishing, Code of Federal Regulations, Part 33, and West Virginia______,______214,541 comprising 400 acres, are delineated on are effective through December 31, 1971. W isco n sin ______;__ 340,786 Wyoming ______14,164 maps available at refuge headquarters L loyd F. G u n th er , and from the office of the Regional Di­ Refuge Manager, Bear River G u a m __:______468 rector, Bureau of Sport Fisheries and Puerto Rico______'______221,978 Migratory Bird Refuge, Brig­ Samoa, American______Wildlife, Federal Building, Fort Snelling, ham City, Utah. Trust Territory______7,892 Twin Cities, Minn. 55450. Sport fishing Virgin Islands______D ecember 1, 1970. shall be in accordance with all applicable State laws and regulations subject to the [F.R. Doc. 70-16587; Filed, Dec. 9, 1970; Total ______$14,999,602 8:46 a.m.] following special conditions. (Sec. 13, 82 Stat. 117; 42 U.S.C. 1761) (1) The refuge shall be open to the taking of fish from January 1 to Dated: December 4, 1970. March 21,1971. The refuge shall then be E dward J. H e k m an , closed to the taking of fish from March 22 Title 7— AGRICULTURE Administrator. to April 30 and open to fishing from Chapter II— Food and Nutrition Serv­ [F.R. Doc. 70-16599; Filed, Dec. 9, 1970; May 1 to September 30,1971. The refuge 8:47 a.m.] shall then be closed to fishing from ice, Department of Agriculture October 1 to December 15 and open to PART 225— SPECIAL FOOD SERVICE fishing from December 16 to Decem­ PROGRAM FOR CHILDREN Chapter IX— Consumer and Marketing * ber 31, 1971. Fishing at all times shall Service (Marketing Agreements and be limited to daylight hours only. Appendix— Third Apportionment of Orders; Fruits, Vegetables, Nuts), (2) One outboard motor of not more Food Assistance and Nonfood As­ Department of Agriculture than 10 horsepower can be attached to sistance Funds Pursuant to Na­ any floating craft and to be used for fish­ [Orange Reg. 67] ing purposes only. tional School Lunch Act for Fiscal Year 1970 PART 905— ORANGES, GRAPEFRUIT, The provisions of this special regula­ tion supplement the regulations which Pursuant to section 13 of the National TANGERINES, AND TANGELOS govern fishing on wildlife refuges gen­ School Lunch Act, as amended, food as­ GROWN IN FLORIDA erally which are set forth in Title 50, sistance and nonfood assistance funds Limitation of Shipments part 33, and are effective through available for the fiscal year 1970 and December 31,1971. through September 30, 1970, are reap­ Findings. (1) Pursuant to the market­ portioned among the States as follows: ing agreement, as amended, and Order James E. F rates, No. 905, as amended (7 CFR Part 905), Refuge Manager, Lake llo Na­ Total regulating the handling of oranges, tional Wildlife Refuge, Dunn State apportionment grapefruit, tangerines, and tangelos Center, N. Dak. Alabama ______$71,955 Alaska ______5, 324 grown in Florida, effective under the December 2, 1970. Arizona ______124,668 applicable provisions of the Agricultural [PR. Doc. 70-16586; Filed, Dec. 9, 1970; A rk a n sas______107, 000 Marketing Agreement Act of 1937, as 8:46 a.m.] C a lifo rn ia _____ !______255, 804 amended (7 U.S.C. 601-674), and upon C o lo rad o ______156, 965 the basis of the recommendations of the Connecticut______i. 99,340 committees established under the afore­ D elaw are______.___ 64,485 PART 33— SPORT FISHING District of Columbia. 1,148, 288 said amended marketing agreement and order, and upon other available informa­ Bear River Migratory Bird Refuge, Florida ______527, 468 G e o rg ia ______819, 027 tion, it is hereby found that the limita­ Utah H a w a ii______11,702 tion of shipments of oranges, including Idaho ______20, 443 Temple and Murcott Honey oranges, as special regulation is Illinois ______issued and is effective on date of publi­ 1, 410, 997 hereinafter provided, will tend to effectu­ In d ia n a ______266, 270 ate the declared policy of the act. cation in the F ederal R egister. Iowa I______109, 954 Kansas ______(2) The recommendations by the B3.5 Special regulations; sport fish- 67, 169 Kentucky ______134,255 Growers Administrative Committee re­ inS5 for individual wildlife refuge areas. L o u is a n a ______393, 405 flect its appraisal of the Florida orange Maine ______58, 954 crop and the current and prospective U tah Maryland ______607, 505 market conditions. Shipments of oranges, bear river migratory bird refuge Massachusetts______295,488 except Temple and Murcott Honey or­ Michigan ______762, 843 anges, are currently regulated and vol­ on Dear River Migra- Minnesota ______493, 776 ume shipments of Temple and Murcott onThfl rd ^ eiuge- Utah, is permitted only Mississippi ______39, 783 Missouri ______772,395 Honey oranges are expected to begin by to fi5hi«re^Ldesignated signs as open hing. These open areas, comprising M o n ta n a ______24, 535 December 10, 1970. The size and grade Nebraska '______121, 028 requirements specified herein are neces­ res, are delineated on maps avail­ Nevada ______23,785 sary to prevent the handling, on and

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18742 RULES AND REGULATIONS after December 10, 1970, of oranges of tion area and any point outside thereof (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. the named varieties, including Temple in the continental United States, Canada, 601-674) and Murcott Honey oranges, that are of or Mexico: Dated: December 8,1970. a lower grade or smaller size so as to pro­ (i) Any oranges, except Navel, Temple P a u l A . N ic h o l s o n , vide consumers with good quality fruit, and Murcott Honey oranges, grown in Deputy Director, Fruit and Veg­ consistent with the overall quality of the the production area, which do not grade etable Division, Consumer and crop, thereby maximizing returns to the at least U.S. No. 1; Marketing Service. producers pursuant to the declared policy (ii) Any oranges, except Navel, Temple of the act. and Murcott Honey oranges, grown in [F.R. Doc. 70-16671; Filed, Dec. 8, 197Q; 12:40 p.m.] (3) It is hereby further found that itthe production area, which are of a size is impracticable and contrary to the pub­ smaller than 28/i6 inches in diameter, lic interest to give preliminary notice, except that a tolerance of 10 percent, by [Export Reg. 18, Amdt. 2] count, of oranges smaller than such min­ engage in public rule-making procedure, PART 905— O RAN G ES, GRAPEFRUIT, and postpone the effective date of this imum diameter shall be permitted, which regulation until 30 days after publication tolerance shall be applied in accordance TANGERINES, AND TANGELOS in the F ed eral R e g is t e r (5 U.S.C. 553) with the provisions for the application of GROWN IN FLORIDA tolerances specified in the United States because the time intervening between the Limitation of Export Shipments date when information upon which this Standards for Florida Oranges and Tán­ regulation is based became available and gelos: Provided, That in determining the Findings. (1) Pursuant to the market­ the tíme when this regulation must be­ percentage of oranges in any lot which ing agreement, as amended, and Order come effective in order to effectuate the are smaller than 2YÙ inches in diam­ No. 905, as amended (7 CFR Part 905) declared policy of the act is insufficient; eter, such percentage shall be based only regulating the handling of oranges, a reasonable time is permitted, under the on those oranges in such lot which are of grapefruit, tangerines, and tangelos circumstances, for preparation for such a size 2^446 inches in diameter or smaller; grown in Florida, effective under the effective time; and good cause exists for (iii) Any Navel oranges, grown in the applicable provisions of the Agricultural making the provisions hereof effective production area, which do not grade at Marketing Agreement Act of 1937, as not later than December 10,1970. Domes­ least U.S. No. 1 Golden; or amended (7 U.S.C. 601-674), and upon tic shipments of Florida oranges, except (iv) Any Navel oranges, grown in the the basis of the recommendations of the Temple and Murcott Honey oranges, are production area, which are of a size committees established under the afore­ currently regulated pursuant to Orange smaller than 2%e inches in diameter, said amended marketing agreement and Regulation 66 (35 F.R. 14499, 16909, except that a tolerance of 10 percent, by order, and upon other available informa­ 17936) and determinations as to the need count, of oranges smaller than such min­ tion, it is hereby found that the limita­ for,, and extent of, regulation of domestic imum diameter shall be permitted, which tion of exports of Temple and Murcott shipments of Temple and Murcott Honey tolerance shall be applied in accordance Honey oranges, as hereinafter provided, oranges and continued regulation of with the provisions for the application will tend to effectuate the declared policy other varieties of oranges must await the of tolerances specified in the U.S. Stand­ of the act. development of the crop and the avail­ ards for Florida Oranges and Tángelos; (2) The recommendations by the ability of information on the demand for (v) Any Temple oranges, grown in the Growers Administrative Committee re­ such fruit; the recommendations and production area, which do not grade at flect its appraisal of the Florida Temple supporting information for regulation of least U.S. No. 1; and Murcott Honey orange crops and such orange shipments subsequent to (vi) Any Temple oranges, grown in the the current and prospective export mar­ December 9, 1970, and in the manner production area, which are of a size ket conditions for such fruit. More re­ herein provided, were promptly sub­ smaller than 2%q inches in diameter, strictive grade regulation requirements mitted to the Department after an except that a tolerance of 10 percent, by should be made effective no later than assembled meeting of the Growers Ad­ count, of Temple oranges smaller than December 11, 1970, to provide the same ministrative Committee on December 3, such minimum diameter shall be per­ grade requirements for export shipments 1970, held to consider recommendations mitted, which tolerance shall be applied of Temple and Murcott Honey oranges for regulation; the provisions of this reg­ in accordance with the provisions for the as are being made applicable to domestic ulation are identical with the aforesaid application of tolerances specified in said shipments of such fruit beginning on recommendations of the committee, con­ U.S. Standards for Florida Oranges and December 10, 1970. More restrictive tinue in effect the current requirements Tángelos; grade requirements would also provide applicable to oranges other than Temple (vii) Any Murcott Honey oranges, export markets with fruit of a more and Murcott Honey oranges, and infor­ grown in the production area, which do desirable quality, consistent with cur­ mation concerning such provisions has not grade at least U-S. No. 1; and rent demand and the overall quality of been disseminated among handlers of (viii) Any Murcott Honey oranges, the crops at the present stage of matur­ such oranges; it is necessary to make this grown in the production area, which are ity, thereby maximizing returns to the regulation effective as hereinafter set of a size smaller than 2uyi6 inches in producers pursuant to the declared pohcy forth to preclude the shipment of imma­ diameter, except that a tolerance of 10 of the act. . ,, . ture Temple and Murcott Honey oranges, percent, by count, of Murcott Honey (3) It is hereby further found that and the other named varieties which do oranges smaller than such minimum it is impracticable and contrary to the not meet the specified applicable grade diameter shall be permitted, which toler­ public interest to give preliminary notice, and size requirements and to otherwise ance shall be applied in accordance with engage in public rule-making procedure, effectuate the declared policy of the act; the provisions for the application of and postpone the effective date of this and compliance with this regulation will tolerances specified in said U.S. Stand­ amendment until 30 days after publica­ not require any special preparation on ards for Florida Oranges and Tángelos. tion thereof in the F ederal R egister (a the part of the persons subject thereto (b) Terms used in the amended mar­ U.S.C. 553) because the time intervening which cannot be completed by the effec­ keting agreement and order shall, when between the date when information upon tive time hereof. used herein, have the same meaning as which this amendment is based became § 905.529 Orange Regulation 67. is given to the respective, term in said available and the -time when this aI?en

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 RULES AND REGULATIONS 18743 forth. Shipments, including those in ex­ 907, 35 FJR. 16359), regulating the han­ when used in said amended marketing port other than to Canada, or Mexico, dling of Navel oranges grown in Arizona agreement and order. of oranges, including Temple and M ur- and designated part of California, effec­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. cott Honey oranges, grapefruit, and tive under the applicable provisions of 601-674) tangelos are currently regulated pur­ the Agricultural Marketing Agreement suant to Export Regulation 18 (35 P.R. Act of 1937, as amended (7 U.S.C. 601- Dated: December 9,1970. 14607, 16787) and determinations as to 674), and upon the basis of the recom­ P a u l A . N ic h o l s o n , the need for, and extent of, continued mendations and information submitted Deputy Director, Fruit and regulation of export shipments of Mur- by the Navel Orange Administrative Vegetable Division, Consumer cott Honey and Temple oranges must Committee, established undfer the said and Marketing Setvice. await the development of the crop and amended marketing agreement and the availability of information on the order, and upon other available informa­ [P.R. Doc. 70-16726; Piled, Dec. 9, 1970; demand for such fruit; the recommenda­ tion, it is hereby found that the limita­ 11:22 a.m.] tions and supporting information for tion of handling of such Navel oranges, regulation of export shipments subse­ as hereinafter provided, will tend to ef­ quent to December 10, 1970, and in the fectuate the declared policy of the act. manner herein provided, were promptly (2) It is hereby further found that it TITLE 39— POSTAL SERVICE submitted to the Department after an is impracticable and contrary to the pub­ Chapter I— Post Office Department assembled meeting of the Growers Ad­ lic interest to give preliminary notice, ministrative Commitee on December 3, engage in public rule-making procedure, PART 125— MATTER MAILABLE 1970, such meeting was held (after giving and postpone the effective date of this UNDER SPECIAL RULES due notice) to consider recommendations section until 30 days after publication Sexually Oriented Advertisements; for regulation; and interested persons hereof in the F ederal R e g ister (5 U.S.C. were afforded an opportunity to submit 553) because the time intervening be­ Notice on Envelopes or Other Covers their views; the provisions of this amend­ tween the date when information upon In the daily * issue of Saturday, ment are identical with the aforesaid which this section is based became avail­ October 10, 1970 (35 F.R. 15999), the recommendations of the committees, and able and the time when this section must Department published a notice of pro­ information concerning such provisions become effective in order to effectuate posed rule making to implement section has been disseminated among handlers the declared policy of the act is insuf­ 3010(a) of title 39, United States Code as of such fruit; it is necessary, in order to ficient, and a reasonable time is per­ enacted by the Postal Reorganization Act effectuate the declared policy of the act, mitted, under the circumstances, for (Public Law 91-375, approved Aug. 12, to make this amendment effective as preparation for such effective time; and 1970). hereinafter set forth; and compliance good cause exists for making the pro­ Interested persons were given 30 days with this amendment will not require visions hereof effective as hereinafter set within which to submit written com­ any special preparation on the part of forth. The committee held an open meet­ ments concerning the proposed regula­ the persons subject thereto which cannot ing during the current week, after giving tions. No comments were received. The be completed by the effective time hereof. due notice thereof, to' consider supply Department has determined to adopt the Order. In paragraph (a) of § 905.527 and market conditions for Navel or­ proposed regulations without change. Ac­ (Export Regulation 18; 35 F.R. 14607, anges and the need for regulation; in­ cordingly, the following amendments to 16787) the provisions of subparagraphs terested persons were afforded an op­ Title 39, Code of Federal Regulations are (3) and (4) are revised to read as portunity to submit information and hereby made, to be effective February 1, follows: views at this meeting; the recommenda­ 1971. § 905.527 Export Regulation 18. tion and supporting information for reg­ In Part 125 add new § 125.9 reading as (a ) * * * ulation during the period specified follows: herein were promptly submitted to the (3) Any Murcott Honey oranges, Department after such meeting was § 125.9 Sexually oriented advertise­ grown in the production area, which do held; the provisions of this section, in­ ments; notice requirements on enve­ lopes or other covers. not grade at least U.S. No. 1; cluding its effective time, are identical (4) Any Temple oranges, grown in with the aforesaid recommendation of (a) Definition. Sexually oriented ad­ the production area, which do not grade the committee, and information con­ vertisement means any advertisement at least U.S. No. 1; cerning such provisions and effective that depicts, in actual or simulated form, ***** time has been disseminated among han­ or explicitly describes, in a predomi­ (Secs. 1- 19, 48 stat. 31, as amended; 7 U.S.C. dlers of such Navel oranges; it is neces­ nantly sexual context, human genitalia, 601-674) sary, in order to effectuate the declared any act of natural or unnatural sexual Dated: December 8,1970, to become e: policy of the act, to make this section intercourse, any act of sadism or fective December 11, 1970. effective during the period herein spec­ masochism, or any other erotic subject ified; and compliance with this section directly related to the foregoing. M a­ P a u l A . N ic h o l s o n , will not require any special preparation terial otherwise within the definition of Deputy Director, Fruit and on the part of persons subject hereto this paragraph shall be deemed not to Vegetable Division, Consumer which cannot be completed on or before constitute a sexually oriented ¿fclvertise- and Marketing Service. the effective date hereof. Such commit­ ment if it constitutes only a small and [F.R. Doc. 70-16702; riled, Dec. 9, 1970; tee meeting was held on December 8, insignificant part of the whole of a single 8:52 a.m.] 1970. catalog, book, periodical, or other work, (b) Order. (1) The respective quan­ the remainder of which is not primarily devoted to sexual matters. [Navel Orange Reg. 216] tities of Navel oranges grown in Arizona and designated part of California which (b) Notice requirement. Any person PART 907— NAVEL ORANGES may be handled during the period De­ who mails or causes to be mailed any GROWN IN ARIZONA AND DESIG­ cember 11, 1970, through December 17, sexually oriented advertisement shall NATED PART OF CALIFORNIA 1970, are hereby fixed as follows: place in the upper left-hand corner of the exterior face of the mail piece, (1) District 1: 900,000 cartons; Limitation of Handling whereon appear the addressee designa­ (ii) District 2: 110,000 cartons; § 907.516 Navel Orange Regulation 216. tion and postmarks, postage stamps, or (iii) District 3: 100,000 cartons. indicia thereof, the sender’s name and Pursuant to the (2) As used in this section, “handled,” address. In the right-hand portion below Keting agreement, as amended, and “District 1,”> “District 2,” “District 3,” the postage stamps, or indicia thereof, rder No. 907, as amended (7 CPR Part and “carton” have the same meaning as and above the addressee designation,

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18744 RULES AND REGULATIONS there shall be placed “Sexually Oriented 12-point type. Such type shall be no less (3) A clear space no less than one- Ad.” conspicuous than the boldest type used quarter of an inch wide shall surround (c) Format of envelopes or other to print other words on the exterior face the sender’s name and address and the covers. Mailings of sexually oriented ad­ of the mail piece. notice, separating them from anything vertisements shall conform to the (2) The contrast between the back­ else appearing on the exterior face of the following requirements: ground and printing of the sender’s name mail piece: (1) The name and address of the and address and the contrast between (5 U.S.C. 301,39 U.S.C. 501) - sender and the notice required by para­ the background and the printing of the graph

FEDERAL REGISTER. VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18745

Proposed Rule Making

presentation of views on this matter vide for substantive submissions on these DEPARTMENT OF AGRICULTURE should communicate with the Director, products. Technical Services Division, Consumer These circumstances are considered Consumer and Marketing Service and Marketing Service, U.S. Department as sufficient justification for an extension of the time originally allotted for filing [ 7 CFR Part 81 1 of Agriculture, Washington, D.C. 20250 (Telephone Area Code 202-388-4276) so comments. Therefore, notice is hereby POULTRY PRODUCTS that arrangements can be made for such given that any person who wishes to sub­ oral presentation within the aforesaid mit written data, views, or arguments Extension of Time for Filing Comments 30-day period. A transcript of all oral concerning matters in the notice may do on the Notice Dealing With the In­ presentations will be made and filed in so by filing them in duplicate with the jection or Mixing of Oil and Water the office of the Hearing Clerk where it Hearing Clerk, U.S. Department of Agri­ Base Solutions will be available for public inspection as culture, Washington, D.C. 20250, within provided above for written submissions. 30 days after the date of publication of On October 8, 1970, there was pub­ Comments on the proposal should bear this notice in the F ederal R e g ist e r . All lished in the F ederal R e g ister (35 F.R. a reference to the date and page number written submissions made pursuant to 15817) a notice that the Department is of this issue of the F ederal R eg ist e r . this notice will be made available for considering proposals to amend the regu­ public inspection at the office of the lations (7 CFR Part 81) under the Dcme at Washington, D.C., on Decem­ Hearing Clerk during regular hours in Poultry Products Inspection Act (21 ber 7, 1970. a manner convenient to public business U.S.C. 451 et seq.) so as to allow the in­ K e n n e t h M . M cE n r o e , (7 CFR 1.27(b)). Comments on the pro­ jection or mixing of oil and water base Deputy Administrator, Meat posal should bear a reference to the date solutions, alone or in combination, into and Poultry Inspection Programs. -and page number of this issue of the poultry products. The notice solicited in­ F ederal R e g ist e r . , [F.R. Doc. 70-16628; Filed, Dec. 9, 1970; formation relative to the desirability of 8:50 a.m.] Done at Washington, D.C., on allowing such products to be prepared, December 7,1970. the amounts of the solutions, if any, that 'Should be allowed to be added, and con­ [ 9 CFR Part 317 ] K e n n e t h M . M cE n r o e , trol measures that should be applied to Deputy Administrator, such products to insure compliance with MEAT PRODUCTS Meat and Poultry Inspection Program. labeling requirements. The notice iden­ {F.R. Doc. 70-16629; Filed, Dec. 9, 1970; tified various matters that would be Extension of Time for Filing Comments 8:50 a.m.] covered in the regulations if such a pro­ on the Notice Dealing With the In­ posal is adopted. A period of 30 days jection or Mixing of Water Base from the date of publication was stipu­ Solutions Into Meat Cuts and Packers and Stockyards lated for the submission by interested Chopped Meat Products Administration persons of comments, views, and data relative to the subjects discussed in the On October 8, 1970, there was pub­ [ 9 CFR Part 201 1 notice. * H B lished in the F ederal R e g ister (35 F JR. 15837) a notice that the Department is MARKET AGENCIES USING CON­ The Department has received petitions SIGNED LIVESTOCK TO FILL ORDERS for an extension of the period of time considering proposals to amend the Fed­ provided for the submission of com­ eral meat inspection regulations (35 F.R. Notice of Proposed Rule Making ments on this notice. These requests in­ 15552) under the Federal Meat Inspec­ tion Act (21 U.S.C. 601 et seq.) to allow Notice is hereby given that pursuant dicate that knowledge of the F ederal the injection or mixing of water base to section 407(a) of the Packers and R egister notice was not available to the Stockyards Act (7 U.S.C. 228) the Pack­ petitioners for as much aa 2 weeks after solutions into meat cuts or chopped meat ers and Stockyards Administration pro­ it was published because of distances and products. The notice solicited informa­ poses to amend section 201.62 (9 CFR delays in delivery or for other reasons. tion relative to the desirability of allow­ 201.62) of the regulations under the They also contend that 30 days is not ing such products to be prepared, the Packers and Stockyards Act, 1921, as sufficient time for the development of amounts of the solutions, if any, that should be allowed to be added, and con­ amended (7 U.S.C. 181 et seq.), with significant information and data to pro­ trol measures that should be applied to respect to the use of consigned livestock vide for substantive submissions on these products. such products to insure compliance with by market agencies to fill orders. labeling requirements. The notice identi­ Statement of considerations. When the These circumstances are considered as fied various matters that would be cov­ regulations (9 CFR 201 et seq.) under sufficient justification for an extension ered in the regulations if such a proposal the Packers and Stockyards Act were of the time originally allotted for filing is adopted. A period of 30 days from the amended in 1954 (19 F.R. 4523), § 201.62 comments. Therefore, notice is hereby date of publication was provided for the was amended (1) to discourage commis­ given that any person who wishes to sub­ submission by interested persons of com­ sion firms from regularly channeling mit written data, views, or arguments ments, views, and data relative to the consigned livestock to orders without concerning matters in the notice may do subjects discussed in the notice. offering it for sale on the open market so by filing them in duplicate with the The Department has received petitions and (2) to assure producers consigning Hearing Clerk, U.S. Department of Agri­ for an extension of the period of time livestock to commission firms that, as culture, Washington, D.C. 20250, within stipulated for the submission of com­ to their livestock, the selling agency 30 days after the date of publication of ments on this notice. These requests in­ would not at the same time be the buy­ this notice in the F ederal R eg ist e r . All dicate that knowledge of the F ederal ing agent of packers and others. Since written submissions made pursuant to R eg ister notice was not available to the 1954, experience in the enforcement of m notice will be made available for petitioners for as much as 2 weeks after § 201.62 shows that improved buying and Public inspection at the office of the it was published because of distances and selling services have resulted at livestock Hearing Clerk during regular hours in a delays in delivery or for other reasons. markets. However, some posted auction manner convenient to public business They also contend that 30 days is not markets are experiencing difficulties in 7 CF^ 12T (b )). Further, any interested sufficient time for the development of defining the charges to be assessed Person who desires opportunity for oral significant information and data to pro­ against buyers when filling orders out

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 No. 239----- 5 18746 PROPOSED RULE MAKING of consignments. Section 201.62 presently within 60 days after the date of publi­ 13'39" W .); and within 3 miles each side of the Farmington VORTAC 086° and 267* ra- provides that a uniform charge, for the cation of this notice in the F ederal dials extending from the 5-mile radius zone R e g ist e r . expenses incurred in soliciting off-the- to 8 miles east of the Farmington, N. Mex., market bids, may be made up to one-half All written submissions made pur­ VORTAC. the “order buying charges.” At central suant to this notice will be made avail­ public markets or terminals, the com­ able for public inspection at such time (2) In §71.181 (35 F.R. 2134), the mission for buying is usually the same and places and in a manner convenient Farmington, N. Mex., transition area is as for selling; therefore the expense to the public business (7 CFR 1.27(b)). amended to read: charge at such a market for soliciting Done at Washington, DcC., this 4th Farmington, N. Mex. off-market bids is, in essence, already day of December 1970. That airspace extending upward from 700 limited to one-half the selling charge. feet above the surface within an 11-mile ra­ At auction markets, however, there is D o n a ld A . C a m p b e l l , dius of Farmington Municipal Airport (lat, generally less occasion to have regular Administrator. 36°44'28" N., long. 108°13'39" W .) within order buying charges in the tariffs; the [F.R. Doc. 70-16598; Filed, Dec. 9, 1970; 3.5 miles each side of the Farmington selling charge is the primary charge at 8:47 a.m.] VORTAC 086° radial extending from the an auction. As a result, some selling agen­ 11-mile radius area to 12 miles east of the cies at such auctions file tariffs contain­ VORTAC, and within 4.5 miles each side of the Farmington VORTAC 265“ radial ex­ ing artificially inflated order buying tending from the 11-mile radius area to 23 charges for the sole purpose of estab­ DEPARTMENT OF miles west of the VORTAC; and that air­ lishing a charge to cover expenses in­ space extending upward from 1,200 feet above curred in soliciting off-the-market bids. TRANSPORTATION the surface within a 30-mile radius of the In order to discourage such a practice, Farmington VORTAC excluding the portion the proposed amendment would allow Federal Aviation Administration within the Durango, Colo., transition area. one-half the amount of the selling com­ [ 14 CFR Part 71 ] Alterations in the Farmington, N. Mex., mission properly in effect at an auction terminal area are proposed to conform market to be used in determining the [Airspace Docket No. 70-SW-70] to Terminal Instrument Procedures limit of the charges for soliciting bids, CONTROL ZONE AND TRANSITION (TERPs) criteria and provide controlled rather than an artificial “order buying airspace for aircraft executing instru­ charge.” Since market agencies may still AREA ment approach/departure procedures at only charge to offset expenses in filling Proposed Alteration Farmington Airport. orders with consigned livestock, there is This amendment is proposed under the no basic change in the nature of the The Federal Aviation Administration authority of section 307(a) of the Fed­ transaction. The amendment merely is considering amending Part 71 of the eral Aviation Act of 1958 (49 U.S.C. 1348) proposes to avoid the present confusion Federal Aviation Regulations to alter and of section 6(c) of the Department with respect to such expense charges and controlled airspace in the Farmington, of Transportation Act (49 U.S.C. 1655 allow for submission of appropriate N. Mex., terminal area. (c)). tariffs which are clear and meet the Interested persons may submit such basic requirements of section 201.62. written data, views or arguments as they Issued in Fort Worth, Tex., on No­ The proposed amendment does, how­ may desire. Communications should be vember 27,1970. ever, additionally provide that the con­ submitted in triplicate to the Chief, Air G eorge W. I reland, signor be notified that his livestock was Traffic Division, Southwest Region, Fed­ Acting Director, Southwest Region. used to fill the order of an off-the- eral Aviation Administration, Post Office Box 1689, Fort Worth, Tex. 76101. All [F.R. Doc. 70-16649; Filed, Dec. 9, 1970; market buyer. Such disclosure is in­ 8:51 a.m.] tended to insure that the market agency communications received within 30 days fulfills its duties in its fiduciary relation­ after publication of this notice in the ship with its principal consignor, advis­ F ederal R eg ist e r will be considered be­ [1 4 CFR Part 71 1 fore action is taken on the proposed ing him of the true and full nature of [ Airspace Docket No. 70-WE-78 ] the transaction. amendment. No public hearing is con­ It is proposed that § 201.62 be templated at this time, but arrangements CONTROL ZONE AND TRANSITION amended as follows: for informal conferences with Federal AREA Aviation Administration officials may be § 201.62 Using consigned livestock to fill made by contacting the Chief, Air Traf­ Propose^ Alteration orders. fic Division. Any data, views or argu­ The Federal Aviation Administration Whenever a market agency uses live­ ments presented during such conferences is considering amendments to Part 71 of must also be submitted in writing in ac­ stock consigned to it for sale to fill, in the Federal Aviation Regulations that whole or in part, an order which it has cordance with this notice in order to be­ would alter the descriptions of the Twin come part of the record for consideration. received from a buyer, the market agency Falls, Idaho, control zone and transition shall be presumed with respect to such The proposal contained in this notice area. livestock to be acting solely as the agent may be changed in the light of comments Interested persons may participate in of the consignor and shall advise the received. consignor in its account of sale of such The official docket will be available for the proposed rule-making by submitting such written data, views, or arguments use and shall collect for its services only examination by interested persons at the as they may desire. Communications the selling commissions provided in its Office of the Regional Counsel, South­ tariff: Provided, That to offset expenses west Region, Federal Aviation Adminis­ should be submitted in triplicate to tne Chief, Airspace and Program Standards incurred by market agencies in solicit­ tration, Fort Worth, Tex. An informal ing bids on consigned livestock from off- docket will also be available for exami­ Branch, Federal Aviation Administra­ tion, 5651 West Manchester Avenue, Post the-market buyers, the market agencies nation at the Office of the Chief, Air at a stockyard may provide in their Traffic Division. Office Box 92007, Worldway Postal Cen­ ter, Los Angeles, CA 90009. All com­ tariffs for assessing such buyers a uni­ It is proposed to amend Part 71 of the munications received within 30 days ait form expense charge not to exceed one- Federal Aviation Regulations as here­ half of the selling commission charges inafter set forth. publication of this notice in the F1®® R eg ister will be considered before act in effect at the market. (1) In §71.171 (35 F.R. 2054), theis taken on the proposed amendment, Any person who desires to submit Farmington, N. Mex., control zone is public hearing is contemplated at t written data, views, or arguments in amended to read: time, but arrangements for informal c * connection with the aforesaid proposal, ferences with Federal Aviation Adm should file the same in duplicate with Farmington, N. Mex. the Hearing Clerk, U.S. Department of Within a 5-mile radius of Farmington Mu­ istration officials may be made by co Agriculture, Washington, D.C. 20250, nicipal Airport (lat. 36“44'28" N., long. 108* tacting the Regional Air Traffic Divisio

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 PROPOSED RULE MAKING 18747

of Mason City Municipal Airport (latitude Chief. Any data, views, or arguments t 14 CFR Part 71 3 43°09'25" N., longitude 93°19'55" W.); presented during such conferences must [Airspace Docket No. 70-CE-97] within 5 miles each side of the Mason City also be submitted in writing in accord­ VORTAC 002° radial, extending from the ance with this notice in order to become CONTROL ZONE AND TRANSITION 9-mile radius area to 24% miles north of the part of the record for consideration. The AREA VORTAC; and within 4% miles west and 9% proposals contained in this notice may miles east of the Mason City VORTAC 182° be changed in the light of comments re­ Proposed Alteration and 002° radials, extending from 5 miles north to 24% miles south of the VORTAC; ceived. The- Federal Aviation Administration and that airspace extending upward from A public docket will be available for is considering amending Part 71 of the 1,200 feet above the surface within a 22% - examination by interested persons in the Federal Aviation Regulations so as to mile radius of Mason City VORTAC; and office of the Regional Counsel, Federal alter the control zone and transition within 4% miles east and 9% miles west of Aviation Administration, 5651 West area at Mason City, Iowa. the Mason City VORTAC 002° radial, extend­ Manchester Avenue, Los Angeles, CA Interested persons may participate in ing from the 22%-mile radius area to 34% the proposed rule making by submitting miles north of the VORTAC, excluding the 90045. . portion which overlies the Albert Lea, Minn., The instrument approach procedures such written data, views or arguments transition area. for the Twin Falls City-County (Joslin as they may desire. Communications Field), Idaho Airport have been reviewed should be submitted in triplicate to the These amendments are proposed under in accordance with the U.S. Standard Director, Central Region, Attention: the authority of section 307(a) of the for Terminal Instrument Procedures Chief, Air Traffic Division, Federal Avia­ Federal Aviation Act of 1958 (49 U.S.C. (TERPs). The proposed changes to the tion Administration, Federal Building, 1348), and of section 6(c) of the Depart­ control zone and 700-foot portion of the 601 East 12th Street, Kansas City, MO ment of Transportation Act (49 U.S.C. transition area will provide controlled 64106. All communications received 1655(c)). airspace protection for aircraft executing within 45 days after publication of this Issued in Kansas City, Mo., on Novem­ prescribed instrument procedures. notice in the F ederal R eg ister will be ber 18, 1970. In consideration of the foregoing, the considered before action is taken on the FAA proposes the following airspace ac­ proposed amendments. No public hear­ D a n ie l E. B a r r o w , Acting Director, Central Region. tions. ing is contemplated at this time, but In § 71.171 (35 F.R. 2054) the descrip­ arrangements for informal conferences [F.R. Doc. 70-16651; Filed, Dec. 9, 1970; tion of the Twin Falls, Idaho, control with Federal Aviation Administration 8:51 ana.] zone is amended to read as follows: officials may be made by contacting the Regional Air Traffic Division Chief. Any T w in Falls, I daho data, views or arguments presented dur­ [1 4 CFR Part 71 3 Within a 5-mile radius of the Twin Falls ing such conferences must also be sub­ [Airspace Docket No. 70-CE-101] City-County (Joelin Field), Idaho Airport mitted in writing in accordance with (latitude 42°29’00" N., longitude 114°29'00" this notice in order to become part of TRANSITION AREA W.); within 5 miles each side of Twin Falls the record for consideration. The pro­ VORTAC 086° and 281° radials, extending posals contained in this notice may be Proposed Alteration from the 5-mile' radius zone to 10.5 miles east and 10.5 miles west of the VORTAC. changed in the light of comments The Federal Aviation Administration This control zone is effective during the spe­ received. is considering amending Part 71 of the cific dates and times established in advance A public docket will be available for Federal Aviation Regulations so as to by a Notice to Airmen. The effective date and examination by interested persons in the alter the transition area at Harrisburg, time will thereafter be continuously pub­ Office of the Regional Counsel, Federal 111. lished in the Airman’s Information Manual. Aviation Administration, Federal Build­ Interested persons may participate in In § 71.181 (35 F.R. 2134) the descrip­ ing, 601 East 12th Street, Kansas City, the proposed rule makmg by submitting tion of the Twin Falls, Idaho, transition MO 64106. such written data, views, or arguments area is amended by deleting all before Since designation of controlled air­ as they may desire. Communications space at Mason City, Iowa, a new “* * * ; and that airspace extending should be submitted in triplicate to the upward from 1,200 feet * * * ” and sub­ instrument approach procedure has been Director, Central Region, Attention: stitute the following therefor: developed and the present instrument Chief, Air Traffic Division, Federal Avia­ approach procedures are being altered. tion Administration, Federal Building, T w in Falls, I daho Accordingly, it is necessary to alter the 601 East 12th Street, Kansas City, MO That airspace extending upward from 700 Mason City, Iowa, control zone and 64106. All communications received feet above the surface within 9.5 miles north transition area to adequately protect within 45 days after publication of this and 5 miles south of the Twin Falls VORTAC aircraft executing the new and altered 086° and 281° radials, extending from the notice in the F ederal R eg iste r will be approach procedures. VORTAC to 18.5 miles east and 18.5 miles considered before action is taken on the In consideration of the foregoing, the west of the VORTAC, and within 5 miles each proposed amendment. No public hearing Federal Aviation Administration pro­ side of the Twin Falls 156° radial, extending is contemplated at this time, but ar­ poses to amend Part 71 of the Federal from the VORTAC to 9.5 miles southeast of rangements for informal conferences the VORTAC; * * *. Aviation Regulations as hereinafter set with Federal Aviation Administration forth: This amendment is proposed under the (1) In § 71.171 (35 F.R. 2054), the fol­ officials may be made by contacting the authority of section 307(a) of the Fed­ lowing control zone is amended to read: Regional Air Traffic Division Chief. Any eral Aviation Act of 1958, as amended data, views, or arguments presented dur­ M ason Cit y , I owa (49 U.S.C. 1348(a)), and of section 6(c) ing such conferences must also be sub­ of the Department of Transportation Act Within a 5-mile radius of Mason City Municipal Airport (latitude 43°09'25'' N., mitted in writing in accordance with this (49 U.S.C. 1655(c)). longitude 93°19'55'' W .). notice in order to become part of the record for consideration. The proposal Issued in Los Angeles, Calif., on No­ (2) In § 71.181 (35 F.R. 2134), the fol­ vember 30,1970. contained in this notice may be changed lowing transition area is amended to in the light of comments received. J am e s V. N ie l s o n , read: Acting Director, Western Region. M ason Cit y , I owa A public docket will be available for [F.R. Doc. 70-16650; Filed, Dec. 9, 1970; That airspace extending upward from 700 examination by interested persons in the 8:51 a.m.] feet above the surface within a 9-mile radius Office of the Regional Counsel, Federal

FEDERAL REGISTER, V O L 35, NO. 239—-THURSDAY, DECEMBER 10, 1970 18748 PROPOSED RULE MAKING

Aviation Administration, Federal Build­ this notice may be changed in the light Air Traffic Division, Federal Aviation ing, 601 East 12th Street, Kansas City, of comments received. Administration, Federal Building, 601 MO 64106. A public docket will be available for East 12th Street, Kansas City, MO 64106. Since designation of controlled air­ examination by interested persons in the All communications received within 45 space at Harrisburg, 111., the instrument Office of the Regional Counsel, Federal days after publication of this notice in approach procedure for Harrisburg- Aviation Administration, Fédéral Build­ the F ederal R eg ister will be considered Raleigh Airport has been altered. Ac­ ing, 601 East 12th Street, Kansas City, before action is taken on the proposed cordingly, it is necessary to alter the M O 64106. J amendments. No public hearing is con­ Harrisburg, HI., transition area to ade­ Since designation of controlled air­ templated at this time, but arrangements quately protect aircraft executing the space at Kankakee, HI., two new in­ for informal conferences with Federal altered approach procedure. strument approach procedures have been Aviation Administration officials may be In consideration of the foregoing, the developed for the Greater Kankakee Air­ made by contacting the Regional Air Federal Aviation Administration pro­ port. In addition, the criteria for desig­ Traffic Division Chief. Any data, views poses to amend Part 71 of the Federal nation of transition areas have been or arguments presented during such con­ Aviation Regulations as hereinafter set changed. Accordingly, it is necessary to ferences must also be submitted in writ­ forth: alter the Kankakee transition area to ing in accordance with this notice in adequately protect aircraft executing the order to become part of the record for In § 71.181 (35 F.R. 2134), the follow­ new approach procedures and to comply consideration. The proposals contained ing transition area is amended to read: with the new transition area criteria. in this notice may be changed in the Harrisburg, I I I . In consideration of the foregoing, the light of comments received. Within a 5%-mile radius of Harrisburg- Federal Aviation Administration pro­ A public docket will be available for Raleigh Airport (latitude 37°48'45" N., poses to amend Part 71 of the Federal examination by interested persons in the longitude 88°33'00" W .); and within 3 miles Aviation Regulations as hereinafter set Office of the Regional Counsel, Federal each side of the 049° bearing from Harris- forth: Aviation Administration, Federal Build­ burg-Raleigh Airport, extending from the ing, 601 East 12th Street, Kansas City, airport to 8 miles northeast of the airport. In § 71.181 (35 F.R. 2134), the follow­ ing transition area is amended to read: M O 64106. This amendment is proposed under the K ankakee, I II . Since designation of controlled air­ authority of section 307(a) of the Fed­ space at Saginaw, Mich., a new instru­ eral Aviation Act of 1958 (49 U.S.C. That airspace extending upward from 700 ment approach procedure has been de­ 1348), and of section 6(c) of the Depart­ feet above the surface within a 6 l/a -mile veloped for the Tri-City Airport. In ad­ radius of Greater Kankakee Airport (latitude ment of Transportation Act (49 U.S.C. dition, the criteria for the designation 1655(c)). 41°04'15'' N., longitude 87°50'55" W .); with­ in 2 miles each side of the Peotone, 111., of control zones and transition areas Issued in Kansas City, Mo., on Novem­ VORTAC, extending from the 6% -mile radius have changed. Accordingly, it is neces­ ber 18,1970. area to the VORTAC; within 3 miles each sary to alter the Saginaw control zone side of the 212° bearing from Greater Kan­ D a n ie l E. B a r r o w , and transition area to adequately pro­ Acting Director, Central Region. kakee Airport, extending from the 6% -mile tect aircraft executing the new approach radius area to 8 miles southwest of the air­ procedure and to comply with the new [F.R. Doc. 70-16652; Filed, Dec. 9, 1970; port; within 3 miles each side of the 222° control zone and transition area criteria. 8:51 a.m.] bearing from Greater Kankakee Airport ex­ tending from the 6% -mile radius area to 8 The Saginaw transition area, as altered, miles southwest of the airport; and within encompasses the airspace contained in [14 CFR Part 71 1 3 miles each side of the 052* bearing from the presently designated Bay City, Mich., Greater Kankakee Airport, extending from and Midland, Mich., transition area. Con­ [Airspace Docket No. 70-CE-104] the 6 y2 -mile radius area to 8 miles northeast sequently, the two latter transition area TRANSITION AREA of the airport. designations are no longer necessary and This amendment is proposed under the are being revoked. Proposed Alteration authority of section 307(a) of the Federal In consideration of the foregoing, the The Federal Aviation Administration Aviation Act of 1958 (49 U.S.C. 1348), and Federal Aviation Administration pro­ is considering amending Part 71 of the of section 6(c) of the Department of poses to amend Part 71 of the Federal Federal Aviation Regulations so as to Transportation Act (49 U.S.C. 1655(c)). Aviation Regulations as hereinafter set alter the transition area at Kankakee, Issued in Kansas City, Mo., on Novem­ forth: HI. ber 18, 1970. (1) In § 71.171 (35 F.R. 2054), the fol­ Interested persons may participate in D a n ie l E. B a r r o w , lowing control zone is amended to read: the proposed rule making by submitting Acting Director, Central Region. such written data, views, or arguments Saginaw, Mich. [F.R. Doc. 70-16653; Filed, Dec. 9, 1970; That airspace within a 5-mile radius of as they may desire. Communications 8:51 a.m.] should be submitted in triplicate to the Tri-City Airport (latitude 43°31'55" N., Director, Central Region, Attention: longitude 84*04'50" W.) and within 2>/2 .Chief, Air Traffic Division, Federal Avia­ miles each side of the Saginaw, Mich. VOR­ [1 4 CFR Part 71 1 TAC 030°, 146°, 233*, and 310* radials ex­ tion Administration, Federal Building, [Airspace Docket No. 7O-CE-105] tending from the 5-mile radius zone to 6 V2 601 East 12th street, Kansas City, M O miles northeast, southeast, southwest, and 64106. All communications received CONTROL ZONE AND TRANSITION northwest of the VORTAC. within 45 days after publication of this AREAS (2) In §71.181 (35 FJt. 2134), the notice in the F ederal R eg ist e r will be Proposed Alteration and Revocation following transition area is amended to considered before action is taken on the read: proposed amendment. No public hearing The Federal Aviation Administration Saginaw, Mic h . . is contemplated at this time, but arrange­ is considering amending Part 71 of the ments for informal conferences with Federal Aviation Regulations so as to That airspace extending upward from 700 alter the control zone and transition area feet above the surface within an 8%-mu® Federal Aviation Administration officials radius of Tri-City Airport (latitude 43°31 - may be made by contacting the Regional at Saginaw, Mich., and revoke the transi­ tion area at Bay City and Midland, Mich. 55" N., longitude 84°04'50" W .); within i Air Traffic Division Chief. Any data, miles each side of the Saginaw ILS localizer Interested persons may participate in views, or arguments presented during northeast course, extending from the 8 / 2 - the proposed rule making by submitting such conferences must also be submitted mile radius zone to 13 miles northeast 0 such written data, views, or arguments as the Saginaw, Mich. VORTAC; within a - in writing in accordance with this notice they may desire. Communications should mile radius of James Clements Municipa in order to become part of the record for be submitted in triplicate to the Direc­ Airport (latitude 43°32'45" N., longitude consideration. The proposal contained in tor, Central Region, Attention: Chief, 83°53'40" W.); within a 5-mile radius 01

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 PROPOSED RULE MAKING 18749 jack Barstow Airport (latitude 43°39'40" N., arrangements for informal conferences longitude 84°15'40" W .); and that airspace with the Federal Aviation Administra­ CIVIL AERONAUTICS BOARD extending upward from 1200 feet above the tion officials may be made by contacting [ 14 CFR Part 221 ] surface bounded by a line beginning at the Regional Air Traffic Division Chief. latitude 43°16'00" N., longitude 83°30'00" Any data, views or arguments presented [Docket No. 21625; EDR-195] W ; thence west along latitude 43°16'00" N , to and north along longitude 84e25'00" W., during such conferences must also be TARIFFS OF AIR CARRIERS AND to and northwest along a line 10 miles submitted in writing in accordance with . FOREIGN AIR CARRIERS southwest of and parallel to the Saginaw, this notice in order to become part of Mich. VORTAC 317° radial; to and clock­ the record for consideration. The pro­ Aircraft Capacity for Cargo Charters; wise along the arc of a 31-mile radius circle posals contained in this notice may be Advance Notice of Proposed Rule centered on the Saginaw VORTAC; to and changed in the light of comments Making south along a line 5 miles east^ of and received. parallel to the Saginaw VORTAC 013° radial; D ece m b e r 4,1970. to and clockwise along the arc of a 20-mile A public docket will be available for Notice is hereby given that the Civil radius circle centered on the Saginaw examination by interested persons in Aeronautics Board has under consid­ VORTAC; to and east along a line 10 miles the Office of the Regional Counsel, Fed­ eration rule making action to amend north of and parallel to the Saginaw eral Aviation Administration, Federal Part 221 of the Economic Regulations of VORTAC 105° radial; to and south along Building, 601 East 12th Street, Kansas the Board1 to assure that carriers may longitude 83°24'00'' W.; to and west along the north edge of V-216; to and south along City, MO 64106. not unjustly discriminate among ship­ longitude 83°30'00" W.; to the point of Since designation of controlled air­ pers in terms of capacity offered to cargo beginning; within 10 miles southwest and space in the Peoria, 111., terminal area charterers. 7 miles northeast of the Saginaw VORTAC one instrument approach procedure has This advance notice of proposed rule 317° radial, extending from the 31-mile making is being issued to invite public been canceled and the other instrument radius area to 37 miles northwest of the participation in the formulation of the VORTAC; and within 9 % miles northwest approach procedures have been altered. Board’s tentative conclusions as to the and 4% miles southeast of the Saginaw local­ Accordingly, it is necessary to alter the need for regulations in this area, and in izer northeast course, extending from the Peoria control zone and transition area 20-mile radius area to 23% miles northeast the identification of the rule making to rescind the portion no longer required problems involved. If, in the Board’s view, of the VORTAC. for the canceled procedure and to ade­ comments received indicate that further (3) In § 71.181 (35 F.R. 2134, the fol­quately protect aircraft executing the action is warranted, a supplemental lowing transition areas are revoked; altered procedures. notice of rule making with proposed rules a. Bay City, Mich. In consideration of the foregoing, the will then be issued. b. Midland, Mich. Federal Aviation Administration pro­ Interested persons may participate in this rule making proceeding through sub­ poses to amend Part 71 of the Federal These amendments are proposed under mission of twelve (12) copies of written the authority of section 307(a) of the Aviation Regulations as hereinafter set data, views or arguments pertaining Federal Aviation Act of 1958 (49 U.S.C. forth; thereto, addressed to the Docket Section, 1348), and section 6(c) of the Depart­ (1) In § 71.171 (35 F.R. 2054), the fol­ Civil Aeronautics Board, Washington, ment of Transportation Act (49 U.S.C. lowing control zone is amended to read: D.C. 20428. All relevant material received 1655(c)). on or before January 25, 1971, will be Peoria, III. Issued in Kansas City, Mo., on No­ considered by the Board before taking vember 24, 1970. Within a 5-mile radius of Greater Peoria action on this proposal. Copies of such Airport (latitude 40°39'45'' N., longitude communications will be available for D a n ie l E. B a r r o w , 89°41'35" W .); within 5 miles each side of the examination by interested persons in the Acting Director, Central Region. Peoria ILS localizer northwest course, extend­ ing from the airport to 16 miles north of the Docket Section, Room 712 Universal [FR. Doc. 70-16654; Filed, Dec. 9, 1970; airport; and within 2 miles each side of the Building, 1825 Connecticut Avenue NW., 8:51 a.m.] Peoria VORTAC 109° radial, extending from Washington, DC, upon receipt thereof. the 5-mile radius zone to 12 miles east of By .the Civil Aeronautics Board. the VORTAC. I 14 CFR Part 71 1 [ s e a l ] H a r r y J. Z i n k , (2) In § 71.181 (35 F.R. 2134), the fol­ Secretary. [Airspace Docket No. 70-CE-1081 lowing transition area is amended to Explanatory statement. A petition for CONTROL ZONE AND TRANSITION read: Peoria, III. rule making has been filed by Seaboard AREA That airspace extending upward from 700 World Airlines, Inc. (Seaboard), propos­ Proposed Alteration feet above the surface within a 9-mile radius ing to amend § 221.64 of the Board’s of Greater Peoria Airport (latitude 40° 39'45" Economic Regulations to require that in The Federal Aviation Administration N., longitude 89°41'35" W .); within 5 miles is considering amending Part 71 of the each side of the Peoria ILS localizer north­ the case of cargo charters, the maximum Federal Aviation Regulations so as to west course, extending from 16 to 18% miles capacity of the aircraft be stated in terms alter control zone and transition area northwest of the airport; within 5 miles each of pounds and cubic feet for each pub­ at Peoria, HI. side of the Peoria VORTAC 109° radial, ex­ tending from the 9-mile radius area to 20 lished rate or charge.2 Interested persons may participate in miles each of the VORTAC; and within 4% the proposed rule making by submitting miles north and 9% miles south of the Peoria *14 CFR Part 221. 2 such written data, views or arguments VORTAC 279“ radial, extending from the Petitioner proposes that the amended VORTAC to 18% miles west of the VORTAC. 5 221.64 read as follows: “Charter rates and as they may desire. Communications charges shall be clearly and explicitly stated should be submitted in triplicate to the These amendments are proposed under in dollars or cents per aircraft (specifying the type of aircraft) on a time, mileage or Director, Central Region, Attention; the authority of section 307(a) of the Federal Aviation Act of 1958 (49 U.S.C. specific point-to-point basis, and shall be Chief, Air Traffic Division, Federal Avi­ indicated to apply on the movement of per­ 1348), and of section 6(c) of the Depart­ ation Administration, Federal Building, sons and their baggage and/or the movement ment of Transportation Act (49 U.S.C. of property. The maximum capacity avail­ 601 East 12th Street, Kansas City, MO 1655(c)). able to the charterer shall be definitely stated 64106. All communications received for each published rate or charge. In the case Issued in Kansas City, Mo., on Novem­ within 45 days after publication of this o f cargo charters, this shall be done by stating ber 18,1970. the maximum capacity in pounds and in notice in the F ederal R eg ist e r will be D a n ie l E. B a r r o w , cubic feet. In the case of passenger charters, considered before action is taken on the Acting Director, Central Region. this may be done either by stating the maxi­ mum capacity in pounds or by specifically proposed amendments. No public hear­ [F.R. Doc. 70-16655; Filed, Dec. 9, 1970; describing the configuration of the passenger t s is contemplated at this time, but 8:51 a.m.] accommodations of the aircraft.“

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18750 PROPOSED RULE MAKING

Petitioner alleges that the absence of tween a pair of points and not for the year, the duty to file reports shall be the proposed requirements has permitted carriage of a particular number of suspended for such year. certain carriers to engage in discrimina­ pounds, and that Seaboard’s proposal to At the present time the Commission tion among shippers and in unfair specify lift capacity in pounds would has no way of knowing when a particular competitive practices. First, petitioner undermine the very concept of cargo issuer’s duty to file such reports is sus­ contends, different shippers are being charters. pended, since the issuer may discontinue offered different amounts of lift between Moreover, as Seaboard admits, the the filing of reports without informing the same points, at the same price, and in weight carrying capability of a particular the Commission as to the reason there­ the same aircraft, resulting in a lower aircraft between a pair of points varies for. In order that the Commission may effective rate for the favored shippers. from day-to-day, even from hoUr-to- know whether an issuer’s duty to file Second, the petition states that unreal­ hour, as weather conditions change en reports is suspended or whether the istically high aircraft capacities are being route. Even if the practical difficulties of issuer is delinquent in filing reports, the offered to certain shippers, with the calculating, as Seaboard proposes, the Commission is considering a rule which carrier either making a series of fuel average maximum weight-carrying capa­ would require issuers to file a notice with stops to carry the payload or hauling the bilities of each aircraft type for- each the Commission whenever their duty to overage on other flights at no additional pair of points could be surmounted, we file reports is suspended. It is also pro­ cost to the shipper. This, Seaboard con­ believe imposing such capacity limits on posed to adopt a short form for the filing tends, results in further discrimination shippers would further undermine the of such notices. and constitutes an unfair competitive distinction between charter and individ­ The proposed rule and form would practice as against other carriers. ually waybilled services. Under the con­ read as set forth below. A copy of the Seaboard believes each shipper is en­ cept of a cargo charter, if at the time of proposed form has been filed with the titled to know exactly what carriage he flight the aircraft is able to carry more Office of the Federal Register and copies will receive at the specified tariff rate. than the average maximum capacity, the are available from the Securities and While petitioner recognizes that avail­ shipper is entitled to the extra lift; con­ Exchange Commission, Washington, able lift on a particular aircraft in a versely, if weather conditions dictate less D.C. 20549. particular market may legitimately differ than the average maximum capacity, the due to fluctuations in weather conditions shipper cannot receive more lift than the § 240.15d -6 Notice of suspension of and the use of en route fuel stops, Sea­ plane can carry. Again, this uncertainty duty to file reports. board maintains that these factors may is part of the risk a charterer must bear. If the duty of any issuer to file reports be accounted for by the use of The suggestion by Seaboard that extra pursuant to section 15(d) of the Act as experienced average payloads to account en route fuel stops should be paid for at to any fiscal year is suspended because for weather conditions and by specifying published rates by the charterer does at the beginning of such fiscal year all an additional charge for all enroute fuel have some merit in our view, and might securities of each class registered under stops in excess of whatever fuel stops do much to eliminate some of the un­ the Securities Act of 1933 are held of rec­ may be specified in the tariff. justly discriminatory practices outlined ord by less than 300 persons, such issuer Finally, Seaboard proposes an alterna­ in the petition. Thus, it is possible that shall, within 10 days after the beginning tive to its requested amendment: to re­ tariff rates should be based on nonstop of such fiscal year, file a notice on Form quire that carriers specify in their tariffs operations, with specified additional 15d-6 [17 CFR 249.3331 informing the that the published rates are applicable to charges for each fuel stop, and/or by Commission of such suspension. If the the maximum weight-carrying capability computing the mileage on the basis of suspension resulted from the issuer’s between two specific points at the time the routing actually used. However, be­ merger into, or consolidation with, an­ of flight, and further providing that cause of the difficulties we see in the other other issuer or issuers, the notice shall intermediate fuel stops could not be made aspects of Seaboard’s petition, the Board be filed by the successor issuer. The unless specified in the tariff. has determined not to propose an amend­ notice shall be filed in addition to any The practice alleged by Seaboard of ment to § 221.64 at this time, but rather other report required to be filed with the effectively guaranteeing an unrealistic to solicit comments from interested per­ Commission in connection with the same maximum load capability between two sons on what changes, if any, should be transaction or event. points, and either using space on other made in Part 221 to prevent the alleged flights or en route fuel stops to carry the abuses. § 249.333 Form 15d—6, for notice of overage raises problems of unjust dis­ suspension of duty to file reports pur­ [F.R. Doc. 70-16616; Filed, Dec. 9, 1970; suant to section 1 5 (d ) of the Securi­ crimination in violation of section 404(b) 8:48 a.tn.] of the Act, and, in addition, the practice ties Exchange Act of 1934. of hauling the overage without additional This form shall be filed by each issuer charge on other flights may well amount required to file reports pursuant to sec­ to the granting of a rebate to the shipper SECURITIES AND EXCHANGE tion 15(d) of the Securities Exchange in violation of section 403(b) of the Act. Act of 1934, as a notification that the Nevertheless, Seaboard’s proposed re­ duty to file such reports is suspended quirement that tariffs specify the maxi­ COMMISSION because at the beginning of the fiscal mum weight capacity available for each E17 CFR Parts 240, 249 1 year in which such reports would be published rate is not a satisfactory solu­ required all securities of each class of tion to the problem in our opinion. To [Release No. 33-9025] such issuer registered under the Securi­ begin with, the basic concept of charter ISSUERS FILING REPORTS UNDER ties Act of 1933 are held of record by less transportation is the sale to the shipper than 300 persons. This form shall be of a planeload of lift between two points. SECURITIES EXCHANGE ACT OF 1934 filed within 10 days after the beginning To guarantee a particular weight load Suspension of Duty to File Reports of such fiscal year to which it pertains. would appear, to blur the essential dis­ All interested persons are invited to tinction between charter and individ­ Notice is hereby given that the Secu­ submit their views and comments on the ually waybilled services. In charter serv­ rities and Exchange Commission has proposed rule and form, in writing, to ice, the lackt>f precise centainty as to the under consideration a proposed new Orval L. DuBois, Secretary, Securities amount of lift available on a particular rule under section 15(d) of the Securi­ and Exchange Commission, Washington, plane on a particular day would seem a ties Exchange Act of 1934. Section 15(d) risk the charterer must bear in return requires issuers which have registered D.C. 20549, on or before December 28, for the low charter rates. On this basis, securities under the Securities Act of 1933 1970. All such communications will be if the shipper wishes to be “guaranteed” to file annual and other reports with the deemed available for public inspection. a certain amount of lift, he should pay Commission. That section provides, (Sec. 13, 48 Stat. 894, sec. 4, 78 Stat. 569, 15 the higher individually waybilled rates among other things, that if the number U.S.C. 78m; sec. 15(d), 48 Stat. 895, sec. 3, for his shipments. Thus, we are of the of record holders of securities of each 49 Stat. 1377, sec. 6, 78 Stat. 570, 15 U.S.C. tentative opinion that a charterer may class registered is reduced to less than 300 780(d ), sec. 23, 48 Stat. 901, sec. 8, 49 Stat. only contract for the use of a plane be- persons at the beginning of any fiscal 1379, 78w)

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 PROPOSED RULE MAKING 18751

By the Commission, November 27, (midnight) following delivery of the freight. household goods should be modified or When the freight bill is not presented to the 1970. changed, and whether the carriers shipper on or before the date of delivery, the should be allowed to impose penalty [ seal] O rval L. DtrBois, credit period shall run from the credit period charges upon shippers who fail to pay Secretary. from the first 12 o’clock (midnight) follow­ ing the presentation of the freight bill. the freight charges within the credit [F.R. Doc. 70-16592; Filed, Dec. 9, 1970; period. 8:47 a.m.] It further appearing, that by petition It is further ordered, That all motor filed on January 22, 1970, the American common carriers of household goods Movers Conference, Household Goods operating in interstate or foreign com­ Carriers Bureau, and Movers and Ware­ merce subject to the Interstate Com­ INTERSTATE COMMERCE housemen’s Association of America, Inc., merce Act, be, and they are hereby, made seek modification of the said regulation respondents in this proceeding, and that COMMISSION by adding the following exception the said officials and organizations listed thereto: in the attached appendix be served with [49 CFR Part 1322 3 except that motor common carriers of house­ a copy of this notice and order. [Ex Parte No. MC-1 (Sub-No. 3) ] hold goods may provide in their tariffs that It is further ordered, That no oral (1) the aforesaid credit period of 7 calendar hearings be scheduled for the receiving PAYMENT OF RATES AND CHARGES days, shall automatically be extended to a total of 30 calendar days for any shipper who' of testimony in this proceeding unless OF MOTOR CARRIERS has not paid the carrier’s freight bill within a need therefor should later appear, but Credit Regulations; Household Goods the aforesaid 7 day period and (2) such that respondents or any other interested shipper will be assessed a service charge by persons may participate by submitting At a general session of the Interstate the carrier equal to 2 percent of the amount statements of verified facts, and views Commerce Commission, held at its office of said freight bill for such extension of the and arguments and replies thereto, in Washington, D.C., on the 24th day credit period. concerning the issue in this proceeding. of November 1970. It further appearing, that subsequent It is further ordered, That all persons It appearing, that the Interstate Com­ to public notice thereof, replies were filed including respondents who wish to par­ merce Commission has prescribed rules by the Aerospace Industries Association ticipate actively in this proceeding and and regulations pertaining to the exten­ of America, Inc., North American Van file and/or receive copies of pleadings sion of credit to shippers by motor com­ Lines, Inc., Wheaton Van Lines, Inc., shall make known that fact by notifying mon carriers of property operating in and the National Industrial Traffic the Office of Proceedings of this Com­ interstate or foreign commerce, see Pay­ League; mission in writing (an original and one ment of Rates and Charges of Motor It further appearing, that both the copy) on or before January 4, 1971; that Carriers, 2 M.C.C. 365, Practices of household goods carriers and shippers the Commission thereafter shall serve Motor Common Carriers of Household generally experience difficulty in com­ a list of the names and addresses of all Goods, 95 M.C.C. 138, and 111 M.C.C. plying with the rule proposed to be modi­ persons upon whom service of all verified 427, Payment of Rates and Charges of fied; and that, in the general public statements, replies, or other pleadings Motor Carriers Credit Regulations— interest, in addition to the petitioning must be made; and at the time of service Household Goods, 105 M.C.C. 460, and carriers and the persons who filed replies of the service list the Commission will fix the time within which initial and 110 M.C.C. 79, and Regulations for Pay­ to the petition, all other household goods reply statements must be filed. ment of Rates and Charges, 326 I.C.C. carriers should be made respondents, and all State Governors, and all the Fed­ And it is further ordered, That, in ad­ 483, and specifically § 1322.1 of the Code eral, State, county, and city offices dition to service of the persons listed in of Federal Regulations (49 CFR 1322.1), charged with consumer protection, and the appendix hereto, a copy of this order Carrier may extend credit to shipper, all known voluntary consumer organiza­ be served on the Public Utility Commis­ which provides as follows: tions listed in the appendix to this order, sion, or Boards, or similiar regulatory should be notified of the filing of the bodies of each State having jurisdiction Carrier may extend credit to shipper. Upon petition and have an opportunity to over the transportation here involved; taking precautions deemed by them to be that a copy be posted in the Office of the sufficient to assure payment of the tariff participate; therefore: Secretary of the Interstate Commerce charges within the credit period herein speci­ It is ordered, That a rulemaking pro­ Commission for public inspection; and fied, common carriers by motor vehicle may ceeding be, and it is hereby, instituted that a copy be delivered to the Director, relinquish possession of freight in advance of under the authority of part n of the the payment of the tariff charges thereon Office of the Federal Register, for pub­ Interstate Commerce Act (section 223) and may extend credit in the amount of lication in the F ederal R eg ister as notice and section 553 of the Administrative such charges to those who undertake to to all interested persons. pay them, such persons herein being called Procedure Act (5 U.S.C. sec. 553) for shippers, for a period of 7 days, excluding the purpose of determining whether and By the Commission. Sundays and legal holidays other than Satur­ to what extent the currently effective day half-holidays, when the freight bill [ s e a l ] R obert L. O s w a l d , covering shipment is presented to the shipper rules and regulations pertaining to the Secretary. on or before the date of delivery, the credit period of credit following delivery of [F.R. Doc. 70-16615; Filed, Dec. 9, 1970; period shall run from the first 12 o’clock freight by motor common carriers of 8:48 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18752 Notices

companies is published annually as of Smith be, and he hereby is, granted relief DEPARTMENT OF THE TREASURY July 1, in Department Circular 570, with from any and all disabilities imposed by details as to underwriting limitations, Federal laws with respect to the acqui­ Fiscal Service areas in which licensed to transact sition, receipt, transfer, shipment, or [Dept. Circ. 570, 1970 Rev., Supp. No. 5] fidelity and surety business and other possession of firearms and incurred by information. Copies of the Circular, when reason of the convictions hereinabove LONDON GUARANTEE AND ACCI­ issued, may be obtained from the Treas­ described. DENT COMPANY, LTD., UNITED ury Department, Bureau of Accounts, Signed at Washington, D.C., this 27th STATES BRANCH, AND LONDON Audit Staff, Washington, D.C. 20226. day of November 1970. ~ GUARANTEE & ACCIDENT COM-' Dated: December 7, 1970. PANY OF NEW YORK [ s e a l ] R a n d o l p h W . T h r o w e r , [ s e a l ] J o h n K . C a r l o c k , Commissioner of Internal Revenue. Termination of Authority To Qualify Fiscal Assistant Secretary. [F.R. Doc. 70-16636; Filed, Dec. 9, 1970; as an Acceptable Reinsuring Com­ [F.R. Doc. 70-16635; Filed, Dec. 9, 1970; 8:50 a.m.] pany on Federal Bonds and Accept­ 8:50 a.m.] able Surety Company on Federal THOMAS NORTON TAYLOR Bonds Internal Revenue Service Notice of Granting of Relief The London Guarantee & Accident STEVEN MARK SMITH Company of New York was incorporated Notice is hereby given that Thomas under the laws of the State of New York Notice of Granting of Relief Norton Taylor, 341 North Hook Road, on October 31, 1969. The Company was Pennsville, NJ, has applied for relief from Notice is hereby given that Steven organized to serve as a corporate vehicle disabilities imposed by Federal laws with Mark Smith, 1013 Winneshiek Road, La in a domestication of the United States respect to the acquisition, receipt, trans­ Crosse, W I 54601, has applied for relief Branch of the London Guarantee and fer, shipment, or possession of firearms from disabilities imposed by Federal laws Accident Company, Ltd. This domestica­ incurred by reason of his conviction on with respect to the acquisition, receipt, tion became effective January 1,1970. In April 11, 1967, in the U.S. District Court transfer, shipment, or possession of fire­ the process, the New York Company ac­ for the District of Maryland, of a crime arms incurred by reason of his convic­ quired all the assets, assumed all the punishable by imprisonment for a term tions on June 28, 1963, and on Novem­ liabilities, and took over all the insurance exceeding 1 year. Unless relief is granted, ber 3, 1966, in the Circuit Court, La business in force on the books of the it will be unlawful for Thomas Norton Crosse, Wis., of crimes punishable by former United States Branch. Taylor because of such conviction, to imprisonment for a term exceeding 1 ship, transport or receive in interstate or A copy of the domestication agree­ year. Unless relief is granted, it will be ment and the instrument of transfer and foreign commerce any firearm or am­ unlawful for Steven Mark Smith because munition, and he would be ineligible for assumption between the Companies, ap­ of such convictions, to ship, transport or proved by the Superintendent of Insur­ a license under chapter 44, title 18, receive in interstate or foreign commerce United States Code as a firearms or am­ ance of the State of New York Jan­ any firearm or ammunition, and he uary 28, 1970, effective January 1, 1970 munition importer, manufacturer, dealer would be ineligible for a license under or collector. In addition, und6r title VII have been received and filed in the chapter 44, title 18, United States Code Treasury. of the Omnibus Crime Control and Safe as a firearms or ammunition importer, Streets Act of 1968, as amended (82 Stat. A Certificate of Authority as an ac­ manufacturer, dealer, or collector. In 236; 18 U.S.C., Appendix), because of ceptable surety on Federal bonds dated addition, under title V II of the Omnibus such conviction, it would be unlawful for July 1, 1970, has been issued by the Crime Control and Safe Streets Act of Thomas Norton Taylor to receive, pos­ Secretary of the Treasury to London 1968, as amended (82 Stat. 236; 18 U.S.C., sess, or transport in commerce or af­ Guarantee & Accident Company of New Appendix), because of such convictions, fecting commerce, any firearm. York, New York, N.Y., under Section 6 it would be unlawful for Steven Mark to 13 of Title 6 of the United States Code, Notice is hereby given that I have con­ Smith to receive, possess, or transport in sidered Thomas Norton Taylor’s applica­ to replace the Certificate issued July 1, commerce or affecting commerce, any tion and: 1970, to the United States Branch, Lon­ firearm. don Guarantee and Accident Company, Notice is hereby given that I have con­ (1) I have found that the conviction Ltd., as an acceptable reinsuring com­ sidered Steven Mark Smith’s applica­ was made upon a charge which did not pany pursuant to 31 CFR Part 223, (Cir­ tion and: involve the use of a firearm or other cular 297, Revised, January 2, 1970). An (1) I have found that the convictions weapon or a violation of chapter 44, title underwriting limitation of $1,474,000 has were made upon charges which did not 18, United States Code, or of the National been established for London Guarantee involve the use of a firearm or other Firearms Act; and & Accident Company of New York. weapon or a violation of chapter 44, title (2) It has been established to my satis­ In view of the foregoing, this domes­ 18, United States Code, or of the N a­ faction that the circumstances regarding tication of London Guarantee and Acci­ tional Firearms Act; and the conviction and the applicant’s record dent Company, Ltd., United States (2) It has been established to my sat­ and reputation are such that the appu* Branch, does not affect its status or lia­ isfaction that the circumstances regard­ cant will not be likely to act in a marine bility with respect to any obligations in ing the convictions and the applicant’s dangerous to public safety, and that tn favor of the United States or in which record and reputation are such that the granting of the relief would not be co the United States has an interest, which applicant will not be likely to act in a trary to the public interest. it may have undertaken pursuant to a manner dangerous to public safety, and Therefore, pursuant to the authority Certificate of Authority issued by the that the granting of the relief would not vested in the Secretary of the Treasury Secretary of the Treasury. be contrary to the public interest. by section 925(c), title 18, United States Certificates of Authority expire on Therefore, pursuant to the authority Code and delegated to me by 26 o June 30 each year, unless sooner revoked vested in the Secretary of the Treasury 178.144: It is ordered, That Thomas Nor­ and new Certificates are issued on July 1, by section 925(c), title 18, United States ton Taylor be, and he hereby is. grantea so long as the companies remain qualified Code and delegated to me by 26 CFR relief from any and all disabilities _ (31 CRF Part 223). A list of qualified 178.144, it is ordered that Steven Mark posed by Federal laws with respect

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 < NOTICES 18753 acquisition, receipt, transfer, shipment, ROBERT CHARLES WILSON incurred by reason of hin convictions or possession of firearms and incurred by January 9, 1950, in the U.S. District reason of the' conviction hereinabove Notice of Granting of Relief Court, Southern District of Florida, and described. Notice is hereby given that Robert on March 17, 1950, in the U.S. District Charles Wilson, Route 1, Box 919, Mc­ Court, Southern District of Florida, of Signed at Washington, D.C., this 25th crimes punishable by imprisonment for day of November 1970. Farlands Trailer Court, Hollins, VA 24019, has applied for relief from disa­ a term exceeding 1 year. Unless relief is [ seal] R a n d o l p h W . T h r o w e r , bilities imposed by Federal laws with re­ granted, it will be unlawful for Cecil H. Commissioner of Internal Revenue. spect to the acquisition, receipt, transfer, Rhoden because of such convictions, to [F.R. Doc. 70-16637; Filed, Dec. 9, 1970; shipment, or possession of firearms in­ ship, transport, or receive in interstate 8:50 a.m.] curred by reason of his conviction on or foreign commerce any firearm or am­ September 7, .1966, in the Roanoke munition, and he would be ineligible for County Circuit Court, Salem, Va., of a a license under chapter 44, title 18, CHARLES DALTON TERRY crime punishable by imprisonment for United States Code as a firearms or am­ munition importer, manufacturer, dealer, Notice of Granting of Relief a term exceeding 1 year. Unless relief is granted, it will be unlawful for Robert C. or collector. In addition, under title V II Notice is hereby given that Charles Wilson because of such conviction, to of the Omnibus Crime Control and Safe Dalton Terry, Route 1, Box 142, Roanoke, ship, transport or receive in interstate or Streets Act of 1968, as amended (82 Stat. VA 24012, has applied for relief from dis­ foreign commerce any firearm or ammu­ 236; 18 U.S.C., Appendix), because of abilities imposed by Federal laws with nition, and he would be ineligible for a such convictions, it would be unlawful respect to the acquisition, receipt, trans­ license under chapter 44, title 18, United for Cecil H. Rhoden to receive, possess, fer, shipment, or possession of firearms States Code as a firearms or ammunition or transport in commerce, any firearm. incurred by reason of his conviction on importer, manufacturer, dealer or col­ Notice is hereby given that I have con­ April 29,1947, in the Hustings Court, City lector. In addition, under title V II of the sidered Cecil H. Rhoden’s application of Roanoke, Va., of a crime punishable Omnibus Crime Control and Safe Streets and: by imprisonment for a term exceeding Act of 1968, as amended (82 Stat. 236; 1. I have found that the convictions 1 year. Unless relief is granted, it will be 18 U.S.C., Appendix), because of such were made upon charges which did not unlawful for Charles Dalton Terry be­ conviction, it would be unlawful for involve the use of a firearm dr other weapon or a violation of chapter 44, cause of such conviction, to ship, trans­ Robert C. Wilson to receive, possess, or port or receive in interstate or foreign transport in commerce or affecting com­ title 18, JJnited States Code, or of the commerce any firearm or ammunition, merce, any firearm. National Firearms Act; and and he would be ineligible for a license Notice is hereby given that I have con­ 2. It has been established to my satis­ under chapter 44, title 18, United States sidered Robert C. Wilson’s application faction that the circumstances regard­ Code as a firearms or ammunition im­ and: ing the conviction and the applicant’s porter, manufacturer, dealer or collector. (1) I have found that the conviction record and reputation are such that the In addition, under title V II of the Omni­ was made upon a charge which did not applicant will not be likely to act in a bus Crime Control and Safe Streets Act involve the use of a firearm or other manner dangerous to public, safety, and of 1968, as amended (82 Stat. 236; 18 weapon or a violation of chapter 44, title that the granting of the relief would not U.S.C., Appendix), because of such con­ 18, United States Code, or of the N a­ be contrary to the public interest. viction, it would be unlawful for Charles tional Firearms Act; and Therefore, pursuant to the authority Dalton Terry to receive, possess, or trans­ (2) It has been established to my vested in the Secretary of the Treasury port in commerce or affecting commerce, satisfaction that the circumstances re­ of section 925(c) , title 18, United States any firearm. garding the conviction and the appli­ Code and delegated to me by 26 CFR Notice is hereby given that I have con­ cant’s record and reputation are such 178.144: It is ordered, That Cecil H. sidered Charles Dalton Terry’s applica­ that the applicant will not be likely to Rhoden be, and he hereby is, granted tion and: act in a manner dangerous to public relief from any and all disabilities im­ (1) I have found that the conviction safety, and that the granting of the re­ posed by Federal laws with respect to the was made upon a charge which did not lief would not be contrary to the public acquisition, receipt, transfer, shipment, involve the use of a firearm or other interest. or possession of firearms and incurred by weapon or a violation of chapter 44, title reason of the convictions hereinabove Therefore, pursuant to the authority described. 18, United States Code, or of the National vested in the Secretary of the Treasury Firearms Act; and by section 925(c), title 18, United States Signed at Washington, D.C., this 25th (2) It has been established to my sat­ Cpde and delegated to me by 26 CFR day of November 1970. isfaction that the circumstances regard­ 178.144: It is ordered, That Robert C. ing the conviction and the applicant’s [ s e a l ] R a n d o l p h W . T h r o w e r , Wilson be, and he hereby is, granted Commissioner of Internal Revenue. record and reputation are such that the relief from any and all disabilities im­ applicant will not be likely to act in a posed by the Federal laws with respect [F.R. DoC. 70-16640; Filed, Dec. 9, 1970; manner dangerous to public safety, and to the acquisition, receipt, transfer, ship­ 8:51 a.m.] that the granting of the relief would not ment, or possession of firearms and in­ be contrary to the public interest. curred by reason of the conviction here­ Therefore, pursuant to the authority inabove described. vested in the Secretary of the Treasury DEPARTMENT OF THE INTERIOR Signed at Washington, D.C., this 27th by section 925(c), Title 18, United States Bureau of Land. Management Code and delegated to me by 26 CFR day of November 1970. 178.144: It is ordered, That Charles [ s e a l ] R a n d o l p h W . T h r o w e r , ALASKA Dalton Terry be, and he hereby is, Commissioner of Internal Revenue. Notice of Filing of Plat of Survey granted relief from any and all disabili- [F.R. Doc. 70-16639; Filed, Dec. 9, 1970; + < jmpose^ by Federal laws with respect 8:50 a.m.] 1. Plat of survey of the lands described to the acquisition, receipt, transfer, ship­ below will be officially filed in the An­ ment, or possession of firearms and In­ chorage Land Office, Anchorage, Alaska, curred by reason of the conviction here­ CECIL H. RHODEN effective at 10 a.m., December 31, 1970. inabove described. Notice of Granting of Relief Seward Meridian, Alaska Signed at Washington, D.C., this 25th Notice is hereby given that Cecil H. T. Ip N., R. 1 E., Qay of November 1970. Secs. 18 and 19. Rhoden, Baldwin Home Appliances, [ seal] > R a n d o l p h W . T h r o w e r , Baldwin, Fla., has applied for relief from Containing 1,236.62 acres. Commissioner of Internal Revenue. disabilities imposed by Federal laws with 2. The elevation of the land ranges IF.R. Doc. 70-16638; Filed, Dec. 9, 1970; respect to the acquisition, receipt, trans­ from 1,100 feet to 3,400 feet above mean 8:50 a.m.] fer, shipment, or possession of firearms sea level. Soil ranges from a thin sandy

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 No. 239------6 18754 NOTICES loam in areas of shallow relief to gravel T. 39 N., R. 2 E., Sec. 31, lots 9 and 10; and sand with a considerable amount of Sec. 18, lot 4, SW14NE14, SE14SW14 less Sec. 32, lots 5 and 6. patented M.S. 2731; rocks on the steep slopes. Timber ranges Sec. 19, lots 1, 2, 3, and 4, NW&NE& less The areas described aggregate approx­ from first to second growth spruce, birch, patented M.S. 2731, SjWftNEft, NEft imately 417.85 acres. and cottonwood with alder and willow NW14 less patented M.S. 2731, SE% 2. Plats of survey were filed (see 34 underbrush. Access is difficult because of NWi4, Ey2SW14, NW&SE&. F.R. 1734) in the Land Office, Boise, the nature of the area. There is one dry T. 39 N., R. 3 E., Idaho at 10 a.m. on March 14, 1969. weather road that services the area. Sec. 19, lots 2 and 3, NW%ljrEV4. SE& NW&, NE%SW&, NW&SE&. 3. Persons claiming a preference right 3. The public lands affected by this in accordance with the provisions of the order are hereby restored to the opera­ The segregative effect of the Notice of Act, must file with the Manager, Land tion of the public land laws, subject to Proposed Classification is hereby termi­ Office, Room 334, Federal Building, 550 any valid existing rights, the provisions nated on those subdivisions eliminated West Fort Street, Boise, ID 83702, before of existing withdrawals, including Public from the above described sections and on February 10, 1971, a notice of their in­ Land Order 4582, dated January 17, 1969, the following: tention to apply to purchase all or part and the requirements of applicable law, T. 38 N„ R. 2 E., of the lands as qualified preference right rules, and regulations. Sec. 26, SE14SW14 SE14, SW&SE&SE^, claimants. 4. Inquiries concerning the lands e y2 SE % SE 1 4 . 4. The Act grants a preference right should be addressed to the Manager, An­ The total lands described now aggre­ to purchase the above lands to any citi­ chorage Land Office, 555 Cordova Street, zens of the United States (including gate approximately 5,980 acres. Anchorage, A K 99501. corporations, partnership, firm, or other il l ia m a t h e w s N e il R . B a sse tt, W L . M , legal entity having authority to hold title Acting Land Office Manager. State Director. to lands in the State of Idaho) who, in good faith, under color of title or claim­ [P.R. Doc. 70-16577; Piled, Dec. 9, 1970; [F.R. Doc. 70-16575; Filed, Dec. 9, 1970; 8:45 a.m.] ing as a riparian owner has, prior to 8:46 a.m.] March 30, 1961, placed valuable im­ provements upon, reduced to cultivation, [1-3813] CALIFORNIA or occupied any of the lands so offered IDAHO for sale, or whose ancestors or predeces­ Notice of Termination of Proposed sors in interest have taken such action. Withdrawal and Reservation of Lands Notice of Offer of Lands 5. The lands are determined to be suitable for sale and will be sold at their D e cem ber 3, 1970. D ecember 2, 1970. fair market value subject to: Notice of a Bureau of Reclamation, 1. Pursuant to the provisions of the (a) Qualified preference right claims. U.S. Department of the Interior appli­ Act of May 31, 1962 (76 Stat. 89), the (b) A reservation to the United States cation Los Angeles 0156728 for the Cal- following lands, found upon survey to of all the coal, oil, gas, shale, phosphate, leguas Project was published as P.R. Doc. be omitted lands of the United States, potash, sodium, native asphalt, solid and No. 58-7162 on page 6840 of the issue for will be offered for sale: semisolid bitumen and bitumen rock, in­ September 5,1958; and application R 267 Boise Meridian cluding oil-impregnated rock or sands for the Sespe Creek Project was pub­ from which oil is recoverable only by lished as P.R. Doc. No. 66-12837 on page T. 1 N., R. 37 E., special treatment after the deposit is Sec. 3, lots 11, 12, and 13; 15025 of the issue for November 30, 1966. mined or quarried. The applicant agency has cancelled its Sec. 17, lots 9, 10, 11, 12, and portions of (c) A right of access for the public, applications involving the lands de­ . lots 7 and 8 described as— Beginning at angle point No. 2 located on the right 100 feet wide along the river front for scribed in the F ederal R egister publica­ bank of the river in sec. 17, lot 8; thence those lots abutting the Snake River. tions referred to above. Therefore, pur­ N. 63°40' W. along the original meander suant to the regulations contained in line 663.96 feet to angle point No. 3; O rval G. H a d le y , 43 CFR Part 2351 (formerly Part 2311), thence N. 85°22' W. along original Manager, Land Office. such lands at 10 am., on January 4, meander line 395.5 feet to the centerline [F.R. Doc. 70-16579; Filed, Dec. 9, 1970; of the old county road, subject to 33 1971, will be relieved of the segre­ 8.46 a.m.] gative effect of the above-mentioned feet right-of-way for public access; thence continuing along the original applications. meander line 480 feet to the centerline [Serial No. N-4725] W alter F . H o l m e s , of the street; subject to 82.5 feet right- Assistant Land Office Manager. of-way for public access; thence along NEVADA original meander line 500 feet to angle [F.R. Doc. 70-16578; Filed, Dec. 9, 1970; point No. 4; thence S. 39°20' W., 291.72 Notice of Offering of Land for Sale 8:46 a.m.] feet to the original meander corner be­ tween secs. 17 and 18; thence in a south­ D ecem ber 4,1970. easterly direction along the right bank Notice is hereby given that under the [Serial No. 1-3782] of the river approximately 775 feet to provisions of the Public Land Sale Act IDAHO Tllerick east fence line; thence in a of September 19, 1964 (78 Stat. 988, 43 northerly direction along the north- U.S.C. 1421-1427), 43 CFR 2720, the Notice of Proposed Classification of south fence line to centerline of the street; subject to 33 feet right-of-way Secretary of the Interior will offer for Public Lands for Transfer Out of for public access; thence in a northerly sale the following tracts of land: Federal Ownership; Correction and direction to corner of Pearson lot fence; M ount Diablo Meridian, Nevada Partial Termination thence in an easterly direction along the fence line approximately 346.5 feet to the T. 1*2 N„ R. 61. E., D ecember 3, 1970. centerline of the old county road; subject Sec.2,SW%SW%SE%SWi4; to 33 feet right-of-way for public access; Sec. 11, N E ^ N E ^ N W ^ N W 1^, W ^ N W ft In F.R; Doc. 70-15106 appearing on thence along the fence line in an easterly NE % NW 14. pages 17274 and 17275 in the issue for direction. approximately 1,070 feet to T. 11 N., R. 62 E., Tuesday, November 10, 1970, legal de­ where this line intersects the original Sec. 4, W y2 S W % SE % NE % , E ^ S E ^ S W ^ scription within certain sections under meander line; thence N. 69° 23' W. along N E Î4, N W % NE % SE *4 • T. 17 N., R. 63 E., paragraph 3 should be corrected to read: the original meander line approximately 80 feet to the angle point No. 2, the Sec. 33, E i/2 NE % SE 14; T. 40 N., R. 1 E., point of beginning. Sec. 34, Wy2NWi4SWi/4. Sec. 14, Ny2NEV4; Sec. 18, lot 9; T. 18 N., R. 64 E., Sec. 23, lot 2, S W % N E & , S E % N W & . Sec. 19, lots 11 to 16, inclusive; Sec. 22, SE 14NW 14, excepting therefrom T. 38 N., R. 2 E., Sec. 29, lots 5, 6, and 7; that portion included in patented Sec. 28, S%Ni/2SE%, N W & N W Î4 S E & . Sec. 30, lots 12,13,14, and 15; Mineral Survey 4045.

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 NOTICES 18755

T. 22 N., R. 64 E.f tive Order No. 6910 of November 26, be offered for sale to the highest bidder Sec. 10, SW N E 14 NW % SW%, SE»4NW% 1934, as amended, or within a grazing at 10 a.m., Wednesday, April 14, 1971, at NW%SWVi. NEÌ4SW%NWi/4SW%, NWÌ4 district established pursuant to the Act the Elko District Office, 2002 Idaho SE%NWiASW%. of June 28, 1934 (48 Stat. 1269), as Street, Elko, N V 89801. The lands are T. 25 N., R. 65 E., Sec. 10, NW % SE% SEi4NW i/i, E%NE*4 amended, which are not otherwise with­ more particularly described below. SW ^SE^NW ^. drawn or reserved for Federal use or Mount Diablo Meridian, Nevada T. 13 N „ R. 70 E., purpose. Sec. 22, sy2SWi/4NEi/4. 2. Thé 140 acres proposed for classi­ T. 33 N., R. 70 E., fication contain two main springs, School PARCEL NO. 1 The areas described aggregate approx­ Springs and a spring locally referred to Sec. 16, S y2 NE y4 NE % NE *4, N W % NE % imately 122 acres. The lands are located as Scruggs Spring. Rare forms of desert near the communities of Preston, Lund, NE 14, Ny2Sy2NEi4NE%, Sy2SEi4NEiA fish reside in these springs. These fish, NE>4. Ely, McGill, Schellbourne Station, Lake’s Syprinadon nevadusis pectoralis, a desert Station, and Baker, respectively, in pupfish, are listed by the Secretary of the 30 acres. Appraised value: $2,500. White Pine County, Nev., and are Interior as a rare and endangered spe­ PARCEL NO. 2 planned for use as dump sites. cies of fish. The Bureau of Land Manage­ It is the intention of the Secretary to Sec. 9, sy2SW%SW%SEiA; ment has constructed a protective fence Sec. 16, N W 14NE 14. enter into an agreement with White Pine around School Springs and has com­ County to permit their purchase of the pleted habitat improvement work at the 45 acres. Appraised value: $5,000. lands at fair market value, $1,300. site. parcel n o . 3 A protest to the proposed classification The subspecies of fish cited above were Sec. 16, N E 14NW 14. of these lands in T. 12 N., R. 61 E„ was believëd to be restricted to School filed.- The protest was dismissed in the Springs. However, Mr. Robert R. Miller, 40 acres. Appraised value: $4,000. initial classification of December 2, 1970. internationally known ichthyologist, re­ parcel no . 4 Sale of those lands will be made only if cently confirmed that the fish are also there is no protest to the initial classifi­ found in Scruggs Spring. sec. 9, sy2Ny2SEi4swv4, sy2SEy4swi,4.. cation, or, if there is a protest, only if Classification and segregation of the 30 acres. Appraised value: $1,500. the Secretary of the Interior does not lands listed below will help protect the The publication costs to be assessed exercise his supervisory authority and lands around these springs from appro­ for each parcel are estimated at $4. the initial classification becomes the fi­ priation under the public land and min­ The lands will be sold subject to all nal order of the Secretary. ing laws, so that management of the valid existing rights. Reservations will The lands will be sold subject to all lands may continue and the public can valid existing rights. Reservation will be view and study these native fish. be made to the United States of rights- made to the United States for rights-of- The public lands proposed for classi­ of-way for ditches and canals in ac­ way for ditches and canals in accordance fication are located within Nye County, cordance with the Act of August 30, 1890 with the Act of August 30, 1890 (26 Stat. Nev. The area identified for classifica­ (26 Stat. 391; 43 U.S.C. 945). All min­ 391; 43 U.S.C. 945). All minerals are to tion is shown on maps, which are on file erals are to be reserved to the United be reserved to the United States and in the Las Vegas District Office, Bureau States and withdrawn from appropria­ withdrawn from appropriation under the of Land Management, 1859 North De­ tion under the public land laws, includ­ public land laws, including the general catur Boulevard, Las Vegas, N V 89108, ing the general mining laws. mining laws. and the Land Office, Bureau of Land Bids may be made by a principal or his agent, either at the sale, or by mail. Any adverse claimants should file their Management, Room 3104, Federal Build­ claims or objections with the under­ ing, 300 Booth Street, Reno, N V 89502. An agent must be prepared to establish the eligibility of his principal. Eligible signed within 30 days of the filing of this 3. The public lands proposed to be notice. classified for multiple use management purchasers are: (1) any individual (other than an employee, or the spouse R o l l a E. C h a n d l e r , are described as follows: of an employee, of the Department of Manager, Nevada Land Office. Mount Diablo Meridian, Nevada the Interior) who is a citizen or other­ [F.R. Doc. 70-16580; Piled, Dec. 9, 1970; T. 17 S., R. 50 E„ wise a national of the United States, or 8:46 a.m.] Sec. 35, SWÎ4NEi/4) Sy2NE^SE%, NW(4 who has declared his intention to be­ S E ^ S E ^ S E ^ . come a citizen, aged 21 years or more; [Serial No. N-257-C] Totaling approximately 140 acres. (2) any partnership or association, each of the members of which is an eligible NEVADA 4. For a period of 60 days from the date of publication of this notice in the purchaser; or (3) any corporation or­ ganized under the laws of the United Notice of Proposed Classification of F ederal R e g ist e r , all persons who wish to submit comments, suggestions, or ob­ States, or of any state thereof, author­ Public Lands for Multiple-Use Man­ ized to hold title to real property in agement jections in connection with the proposed classification may present their views in Nevada. D ecem ber 1, 1970. writing to the District Manager, Bureau Bids must be for all the land in a 1. Pursuant to the Act of Septem­of Land Management, 1859 North De­ parcel. A bid for less than the appraised ber 19, 1964 (43 U.S.C. 1411-18) and to catur Boulevard, Las Vegas, NV 89108. value of the land is unacceptable. Bids the regulations in 43 CPR Parts 2420 and sent by mail will be considered only if 2460, it is proposed to classify the public For the State Director. received by the Elko District Office, Bu­ lands within the area described below R o l l a E. C h a n d Ler, reau of Land Management, 2002 Idaho for multiple-use management. Publica­ Manager, Nevada Land Office. Street, Elko, N V 89801, prior to 4 p.m., tion of this notice segregates all the pub­ [F.R. Doc. 70-16581; Filed, Dec. 9, 1970; on Tuesday, April 13, 1971. Bids made lic lands described in this notice from 8:46 a.m.] prior to the public auction must be in appropriation under the Homestead, sealed envelopes and accompanied by Uesert Land and Allotment Laws (43 certified checks, postal money orders, S ; C' ChaPter 7 and 9; and 25 U.S.C. [Serial Nos. N-1810, N-4302] bank drafts, or cashier’s checks, payable w4) , from sale under section 2455 of the NEVADA to the Bureau of Land Management, for Revised Statutes (43 U.S.C. 1171) and the full amount of the bid plus estimated the Public Land Sale Act of Septem­ Notice of Public Sale publication costs, and by a certification ber 19, 1964 (43 U.S.C. 1421-27), and of eligibility, defined in the preceding . m appropriation under the general D ecem ber 2,1970. paragraph. The envelopes must show the aiming laws but not the mineral leasing Under the provisions of the Public sale and parcel numbers and date of sale and material sale laws. As used in this Land Sale Act of September 19, 1964 (78 in the lower left hand corner: “Public 1 ~®r> fye term “public lands” means any Stat. 988; 43 U.S.C. 1421-1427), 43 CFR Sale Bid, Sale N-1810 and 4302, Parcel lands withdrawn or reserved by Execu­ Subpart 2720, four parcels of land will N o . ------10:00 a.m., April 14, 1971.“

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18756 NOTICES

The authorized officer shall publicly T. 9 N., R. 28 E., the lands at the appraised fair market declare the highest qualifying sealed bid Sec. 22, Ny2NE% SW % , S E & N E & S W ^ , value. Ny2SE»4, NE]4SW%SE^4, and SEftSE^; received. Oral bids shall then be invited The patents will issue subject to all in specified increments. After oral bids, Sec. 26, Ny2NW )4 and SE% NW % . T. 10 N., R. 28 E„ valid existing rights, rights-of-way, and if any, are received the authorized of­ Sec. 18, lots 1, 2, 3, 4, and 6, N W & N E ^ , easements of record. The patents will ficer shall declare the high bid. A suc­ Sy2NE 1,4, E i/2 Wi/2, and SEy4; also contain a reservation to the United cessful oral bidder must submit a guar­ Sec. 20, N y2 and SE 14 ; States for rights-of-way for ditches or anteed remittance, in full payment for Sec. 28. canals under the Act of August 30, 1890 the tract and cost of publication, before The areas described aggregate 2,321.94 (26 Stat. 391; 43 U.S.C. 945), and of all 4:30 p.m. of the day of the sale. acres in Benton County, Wash. mineral deposits which shall thereupon Any parcel not sold on Wednesday, be withdrawn from appropriation under The lands are chiefly valuable for or­ April 14, 1971, shall be reoffered on the the public land laws, including the min­ derly community growth and develop­ first Wednesday of subsequent months ing and mineral leasing laws. ment. The lands are located within or at 10 a.m„ beginning May 5, 1971. adjacent to the city of Richland, Wash. V ir g il O . S eiser , Any adverse claimants to the above It is the intention of the Secretary to Chief, Branch of Lands. described lands should file their claims, enter into an agreement with the city of or objections, with the undersigned be­ [F.R. Doc. 70-16584; Filed, Dec. 9, 1970; Richland to permit the city to purchase 8:46 a.m.] fore the time designated for sale. The lands described in this notice have been segregated from all forms of ap­ propriation, including locations under DEPARTMENT OF AGRICULTURE the general mining laws, except for sale Packers and Stockyards Administration under this Act, from the date of notation of the proposed classification decision. SUTTON LIVESTOCK COMPANY, INC., ET AL. Inquiries concerning this sale should be addressed to the Land Office Manager, Notice of Changes in Names of Posted Stockyards Bureau of Land Management, Room 3008 It has been ascertained, and notice is hereby given, that the names of the live­ Federal Building, 300 Booth Street, Reno, stock markets referred to herein, which were posted on the respective dates specified NV 89502, or to the District Manager, below as being subject to the provisions of the Packers and Stockyards Act, 1921, Bureau of Land Management, 2002 Idaho as amended (7 U.S.C. 181 et seq.), have been changed as indicated below. Street, Elko, N V 89801. Original name of stockyard, location, ' Current name of stockyard and R o l la E. C h a n d l e r , and date of posting date of change in name Manager, Nevada Land Office. Georgia [F.R. Doc. 70-16582; Filed, Dec. 9, 1970; Sutton Livestock Co., Sylvester, Aug. 20,1959. Sutton Livestock Company, Inc., Apr. 3, .8:46 a.m.] 1970. Mississippi Mississippi Livestock Producers Assn. (North Mississippi Livestock Producers Associa­ [O R 6992] (B a rn ), Jackson, Jan. 7,1959. tion, Producers Stockyards, Nov. 17, OREGON 1970. Oklahom a Notice of Proposed Withdrawal and Alva Sales Co., Alva, Oct. 10,1949. Triangle Livestock Company, Oct. 12, Reservation of Lands; Correction 1970. D e cem ber 3, 1970. South Dakota In F.R. Doc. 70-14119 of the issue for Magness Faulkton Livestock Exchange, Faulkton, Magness-Faulkton Livestock Exchange, Wednesday, October 21,1970, the follow­ June 3,1959. Inc,, Nov. 30,1970. ing change should be made so that the Schnell Livestock Market, Inc., Lemmon, Dec. 9, Lemmon Livestock Yards, Inc., Dec. 2, 1961. 1970. land description reads: T exas T. 14 S., R. 32 E., Cole Livestock Auction, Brownwood, Feb. 28, 1957. Central Texas Livestock Auction, Sec. 18, lots 3, 4, 5, 6, and 7, S E & N W ^ , Ey2SWi4, W%SE%; Sept. 28,1970. Sec. 19, lots 1 and 2, N E & , Ey2NW % . Done at Washington, D.C., this 7th day of December 1970.

V ir g il O. S e is e r , G. H . H o p pe r , Chief, Branch of Lands. Chief, Registrations, Bonds, and Reports [F.R. Doc. 70-16583; Filed, Dec. 9, 1970; Branch, Livestock Marketing Division. 8:46 a.m.] [F.R. Doc. 70-16630; Filed, Dec. 9, 1970; 8:50 a.m.]

[OR 7170 (Wash.), 7171 (Wash.), Notice is hereby given, pursuant to the 7172 (W ash .)] DEPARTMENT OF COMMERCE provisions of 16 U.S.C. 742c, Fisheries WASHINGTON Loan Fund Procedures (50 CFR Part 250, National Oceanic and Atmospheric as revised), and Reorganization P lan No. Notice of Offering of Lands for Sale Administration 4 of 1970, that the above entitled appli­ cation is being considered by the Na­ [Docket No. C—330] N D ecem ber 3, 1970. tional Marine Fisheries Service, National Notice is hereby given that, under the FRANK V. POMILIA Oceanic and Atmospheric Administra­ Act of September 19,1964 (78 Stat. 988), tion, Department of Commerce, Interior Notice of Loan Application and pursuant to applications of the city Building, Washington, DC 20235. Any person desiring to submit evidence that of Richland, Wash., the Secretary of the D e c e m b e r 4, 1970. the contemplated operation of such ves­ Interior will offer for sale the following Frank V. Pomilia, 74 Crestline Drive, sel will cause economic hardship or in­ described lands: San Francisco, CA 94131, has applied for jury to efficient vessel operators already W illamette Meridian a loan from the Fisheries Loan Fund to operating in that fishery must submit aid in financing the purchase of a new such evidence in writing to the Director, T. 10 N., R. 27 E., Sec. 12, lots 5, 6, 7, and 8, S % SW % , and 51-foot length overall steel vessel to en­ National Marine Fisheries Service, within SW % SE]4; gage in the fishery for salmon, crab, and 30 days from the date of publication 01 Sec. 14, N E 14NE 14. albacore. this notice. If such evidence is received

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 NOTICES 18757 it will be evaluated along with such other for leave to intervene is filed within the 1717 H Street NW., Washington, DC. evidence as may be available before mak­ time prescribed in this notice, the Com­ Copies of items (2) and (3) may be ob­ ing a determination that the contem­ mission will issue a notice of hearing or tained upon request sent to the U.S. plated operation of the vessel win or an appropriate order. Atomic Energy Commission, Washington, will not cause such economic hardship nr For further details with respect to this D.C. 20545, Attention; Director, Division of Reactor Licensing. injury. amendment, see (1) the licensee’s appli­ Ja m es F. M u r d o c k , cation for license amendment dated Dated at B^thesda, Md., this 2d day Chief, May 5, 1970, and supplements dated of December 1970. Division of Financial Assistance. June 2, August 31, September 17 and November 18, 1970, (2) the amendment For the Atondc Energy Commission. [F.R. Doc. 70-16572; Filed, Dec. 9, 1970; to the provisional operating license, and 8:45 a.m.] P eter A . M o r r is, (3) the Safety Evaluation prepared by Director, the Division of Reactor Licensing, which Division of Reactor Licensing. are available for public inspection at the [F.R. Doc. 70-16571; Filed, Dec. 9, 1970; DEPARTMENT OF Commission’s Public Document Room at 8:45 a.m.] TRANSPORTATION Federal Highway Administration CIVIL SERVICE COMMISSION POLICE AT WASHINGTON, D.C.,* DULLES INTERNATIONAL AND NATIONAL BRIDGE INSPECTION WASHINGTON NATIONAL AIRPORTS STANDARDS Notice of Establishment of Minimum Rates and Rate Ranges Extension of Closing Date for Under authority of 5 U.S.C. 5303 and Executive Order 11073, the Civil Service Comments Commission has established special minimum salary rates as follows: Correction GS-083 P olice Series In F.R. Doc. 70-16105 appearing on Geographic coverage: Washington, D.C.; Dulles International and Washington National Airports. page 18350 in the issue of Wednesday, Effective date: First day of the first pay pèriod beginning on or after November 15,1970. December 2, 1970, the word “Natural” PER ANNUM RATES appearing in the heading should read “National” so that the entire heading Grade 1 2 3 4 5 6 7 8 9 16 will read as set forth above. GS-5...... 07,856 $8,074 $8,292 $8,510 $8,728 $8,946 $9,164 $9,382 $9,600 $9,818 GS-6...... 8,266 8,509 8,752 8,995 9,238 9,481 9,724 9,967 10,210 10,453 GS-7...... 8,638 8,908 9,178 9,448 9,718 9,988 10,258 10,528 10,798 11,068 ATOMIC ENERGY COMMISSION GS-8...... 9,255 9,554 9,853 10,152 10,451 10,750 11,049 11,348 11,647 1L 946 [Docket No. 50-219] All new employees in the specified oc­ an equivalent increase within the mean­ cupational level will be hired at the new ing of 5 U.S.C. 5335. JERSEY CENTRAL POWER & LIGHT CO. minimum rates. Under the provisions of section 3-2b, As of the effective date, all agencies Chapter 571, FPM, agencies may pay the Notice of Issuance of Amendment to will process a pay adjustment to in­ travel and transportation expenses to Provisional Operating License crease the pay of employees on the rolls first post of duty under 5 U.S.C. 5723 of The Atomic Energy Commission (“the in the affected occupational levels. An new appointees to positions cited. employee who immediately prior to the Commission”) has issued, effective as of U n it e d S tates C i v i l S erv­ effective date was receiving basic com­ the date of issuance, Amendment No. 2 ic e C o m m is s io n , pensation at one of the statutory rates to Provisional Operating License No. [ s e a l ] Ja m e s C . S p r y , DPR-16 dated April 9, 1969. The amend­ shall receive basic compensation at the Executive Assistant to ment authorizes the Jersey Central corresponding numbered rate authorized the Commissioners. Power & Light Co. to operate the Oyster by this notice on or after such date. The Creek Nuclear Power Plant Unit No. 1 [F.R. Doc. 70-16604; Filed, Dec. 9, 1970; at power levels up to a maximum of 1,690 pay adjustment will not be considered 8:45 a.m.] megawatts (thermal). The Commission has found that the GUARD AT WASHINGTON, D.C., SMSA Energy Act of 1954, as amended (“the application for the amendmenL complies Notice of Establishment of Minimum Rates and Rate Ranges with the requirements of the Atomic Under authority of 5 U.S.C. 5303 and Executive Order 11073, the Civil Service Act”) , and the Commission’s regulations Commission has established special minimum salary rates and rate ranges as follows: published in 10 CFR Chapter I. The Com­ mission has made the findings required GS-085 Guard Series by the Act and the Commission’s regu­ Geographic coverage: Washington, D.C., Standard Metropolitan Statistical Area (SMSA) including District of lations which are set forth in the amend­ Columbia Childrens” Center, Laurel, Md., and Quantico Marine Base, Va. ment, and has concluded that the is­ Effective date: First day of the first pay period beginning on or after November 15,1970. suance of the amendment ■will not be PER ANNUM RATES inimical to the common defense and se­ 10 curity or to the health and safety of the Grade 1 2 3 4 5 6 7 8 9 public. GS-2...... $6,007 $6,161 $6,315 $6,469 $6,623 $6,777 $6,931 $7,085 $7,239 $7,393 Within fifteen (15) days from the GS-3...... 6,778 6,952 7,126 7,300 7,474 7,648 7,822 7,996 8,170 8,344 date of publication of the notice in the GS-4...... 7,413 7,608 7,803 7,998 8,193 8,388 8,583 8,778 8,973 9,168 8,074 8i 292 8,510 8; 728 8,946 9,164 9,182 9,600 9,818 F ederal R egister, the applicant may GS-5...... 7; 856 GS-6...... 8,266 8| 509 8,752 8,995 9,238 9,481 9,724 9,967 10, 210 10,453 file a request for a hearing and any per­ GS-7...... '...... 8,638 8,908 9,178 9,448 9,718 9,988 10,258 10,528 10,798 11,068 son whose interest may be affected by GS-8...... 9,255 9,554 9,853 10,152 10,451 10,750 11,049 11,348 11,647 11,946 this proceeding may file a petition for leave to intervene. Requests for a hear­ All new employees in the specified oc­ crease the pay of employees on the rolls t s and petitions to intervene shall be cupational level will be hired at the new in the affected occupational levels. An mod in accordance with the Commis­ minimum rates. employee who immediately prior to the sion’s rules of practice 10 CFR Part 2. As of the effective date, all agencies effective date was receiving basic com­ If a request for a hearing or a petition will process a pay adjustment to in- pensation at one of the statutory rates

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18758 NOTICES shall receive basic compensation at the a view toward eventual approval: Pro­ cable to the fares are so loose that any corresponding numbered rate authorized vided, That approval shall not constitute Alaska tourist could meet the require­ by this notice on or after each date. The approval of the specific commodity de­ ments; and (3) that its proposal here­ pay adjustment will not be considered scriptions contained therein for purposes to introduce reduced fares is contrary to an equivalent increase within the mean­ of tariff publication. the rationale advanced at the time it ing of 5 U.S.C. 5335. Persons entitled to petition the Board recently increased normal fares (Oct. 15, Under the provisions of section 3-2b, for review of this order pursuant to the 1970). Chapter 571, FPM, agencies may pay Board’s regulations, 14 CFR 385.50, may, Upon consideration of the tariff pro­ the travel and transportation expenses within 10 days after the date of service posal, the complaint, and other relevant to first post of duty under 5 U.S.C. 5723, of this order, file such petitions in sup­ matters, the Board finds that the pro­ of new appointees to positions cited. port of or in opposition to our proposed posal may be unjust or unreasonable, or action herein. unjustly discriminatory, or unduly pref­ U n it e d S tates C iv il S erv­ erential, or unduly prejudicial, or other­ This order will be published in the ic e C o m m is s io n , wise unlawful, and should be investi­ F ederal R e g ist e r . [ s e a l] J am e s C . S p r y , gated. The Board further concludes that Executive Assistant to [ s e a l ] H ar r y J. Z i n k , ~ the proposal should be suspended pend­ the Commissioners. Secretary. ing investigation. [F.R. Doc. 70-16605; Filed, Dec. 9, 1970; [F.R. Doc. 70-16617; Filed, Dec. 9, 1970; In the Board’s opinion, the proposed 8:45 a.m.] 8:49 a.m.] fares could well have a depressing effect upon overall passenger yields, at the very time all carriers are faced with [Docket No. 22847; Order 70-12-27] escalating operating costs and only CIVIL AERONAUTICS BOARD ALASKA AIRLINES, INC modest traffic growth. Alaska tourism [Docket No. 20993; Order 70-11—131] is very heavily concentrated in the Order of Suspension and Investigation months of June through August, and INTERNATIONAL AIR TRANSPORT passenger load factors are exceptionally Adopted by the Civil Aeronautics ASSOCIATION high during this period. Since the avail­ Board at its office in Washington, D.C., ability of unused capacity is limited, on the 4th day of December 1970. Order Relating to Specific Commodity there would appear a strong likelihood By tariff revisions marked to become Rates that the proposed inclusive tour fares effective December 9, 1970,1 Alaska Air­ would displace regular fare passengers. Issued under delegated authority No­ lines, Inc. (Alaska), proposes to add in­ Moreover, we are not persuaded that vember 25,1970. dividual round-trip tour basing fares be­ An agreement has been filed with the the restrictions placed on the fares will tween Seattle on the one hand and materially deter diversion to their use Board pursuant to section 412(a) of the Anchorage, Fairbanks, Juneau, and Federal Aviation Act of 1958 (the Act) by tourists* who would otherwise travel Skagway on the other; and between on regular fares. Either result would be and Part 261 of the Board’s economic Fairbanks on the one hand and Skag­ undesirable, and contrary to the objec­ regulations, between various air carriers, way and Juneau on the other. The fares foreign air carriers, and other carriers, tives for which promotional fares are will apply during the period June 16 designed. embodied in the resolutions of the Joint through August 31. Conferences of the International Air Accordingly, pursuant to the Federal The proposed round-trip fares (which Aviation Act of 1958, and particularly Transport Association (IA T A ), and permit free stopovers at intermediate sections 204(a) and 1002 thereof, adopted pursuant to the provisions of points) are 27 to 33 percent less than Resolution 590 dealing with specific It is ordered, That: normal round-trip coach fares. The 1. An investigation be instituted to commodity rates. fares are restricted to the extent that determine whether the provisions of The agreement, adopted pursuant to they must be used as part of an ad­ unprotested notices to the carriers and Rule No. l.H. on Fourth Revised Page 2 vertised prepaid air tour which includes and all fares and provisions on Original promulgated in an IATA letter dated No­ ground costs of at least $50; must in­ vember 19, 1970, names additional spe­ Page 5 of Alaska Airlines, Inc.’s CAB clude 3 nights’ prepaid hotel accom­ No. 128 and rules, regulations, or prac­ cific commodity rates, as set forth below, modations and sightseeing, and all tices affecting such fares and provisions which reflect significant reductions from transfers to and from airports. The fares are, or will be, unjust, unreasonable, un­ the general cargo rates. have a minimum stay requirement of justly discriminatory, unduly preferen­ R-36: 4 days and a maximum stay limitation tial, unduly prejudicial, or otherwise un­ Commodity Item No. 1024— Fish, Live, In ­ of 21 days. lawful, and if found to be unlawful, to edible, Including Aquarium Articles Such Alaska'" alleges that its purpose in in­ determine and prescribe the lawful fares as Coral, Weed, Fish Food—Excluding troducing these fares is to compete with Aquariums and Aquarium Appliances, and provisions, and rules, regulations, land-and-sea tours to Alaska, and to or practices affecting such fares and 228 cents per kg., minimum weight 100 promote tourism either partially or kgs. Bujambura to New York. provisions; R-37: wholly by air when in conjunction with 2. Pending hearing and decision by the Commodity Item No. 4435—Electronic merchandized tours. The carrier asserts Board, the provisions of Rule No. l.H. Tubes, Transistors and Solid State Semi- that little or no diversion is expected on Fourth Revised Page 2 and all fares Conductor Devices, N.E.S., 225 cents per from normal fares, and that its proposal and provisions on Original Page 5 of kg., minimum weight 100 kgs., 215 cents will develop new travel by persons who Alaska Airlines, Inc.’s CAB No. 128 are per kg., minimum weight 300 kgs., Pe­ could not otherwise afford to visit suspended and their use deferred to and nang t6 Los Angeles, 255 cents per kg., Alaska, or would otherwise book a less minimum weight 100 kgs., 245 cents per including March 8,1971, unless otherwise kg., minimum weight 300 kgs., Penang expensive land/sea tour. ordered by the Board, and that no to New York. Northwest Airlines, Inc. (Northwest), changes be made therein during the has filed a complaint against the pro­ the period of suspension except by order Pursuant to authority duly delegated posed fares and requests that they be or special permission of the Board; by the Board in the Board’s regulations, suspended pending investigation. North­ 3. Except to the extent granted herein 14 CFR 385.14, it is not found, on a ten­ west asserts, among other things, (1) the complaint of Northwest Airlines, tative basis, that the subject agreement that application of the proposed fares Inc., in Docket 22793 is dismissed; is adverse to the public interest or in during the peak travel summer season 4. This investigation be assigned for violation of the Act, provided that ten­ will divert regular fare traffic and dilute hearing before an examiner of the Board tative approval thereof is conditioned as at a time and place hereafter to be hereinafter ordered. yields; (2) that the restrictions appli- Accordingly, it is ordered, That: designated; and 5. A copy of this order be filed with Action on Agreement CAB 21753, R-36 1 Revisions to Alaska Airlines, Inc. Tariff and R-37, be and hereby is deferred with CAB No. 128. the above-named tariff and served upon

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 NOTICES 18759

Alaska Airlines, Inc., and Northwest Air­ regulations promulgated in 14 CFR Part master General states that the Depart­ lines, Inc., which are hereby made parties 302, 14 CFR Part 298, and 14 CFR ment and the carrier agree that the above to this proceeding. 385.16(f), rate is a fair and reasonable rate of com­ It is ordered, That: This order will be published in the pensation for the proposed services. The 1. Buckeye Air Service, Inc., the Post­ Postmaster General believes these serv­ F ederal R egister. master General, American Airlines, Inc., ices w illmeet postal needs in the market. By the Civil Aeronautics Board.® Mohawk Airlines, Inc., United Air Lines, He states the air taxi plans to initiate Inc., and all other interested persons are mail service with DeHavilland Twin [ seal] H ar r y J. Z i n k , Secretary. directed to show cause why the Board Otter aircraft. should not adopt the foregoing proposed It is in the public interest to fix, deter­ [F.R. Doc. 70-16618; Filed, Dec. 9, 1970; findings and conclusions and fix, deter­ mine, and establish the fair and reason­ 8:49 a.m.] mine, and publish the final rate specified able rate of compensation to be paid by above for the transportation of mail by the Postmaster General for the proposed [Docket No. 22769; Order 70-12-10] aircraft, the facilities used and useful transportation of mail by aircraft, the therefor, and the services connected facilities used and useful therefor, and BUCKEYE AIR SERVICE, INC. therewith as specified above as the fair the services connected therewith, between Order To Show Cause Regarding and reasonable rate of compensation to the aforesaid points. Upon consideration be paid to Buckeye Air Service, Inc.; of the notice of intent and other matters Establishment of Service Mail Rate 2. Further procedures herein shall be officially noticed, it is proposed to issue Issued under delegated authority De­ in accordance with 14 CFR Part 302, and an order1 to include the following find­ cember 3,1970. notice of any objection to the rate or to ings and conclusions: The Postmaster General filed a notice the other findings and conclusions pro­ The fair and reasonable final service of intent November 17, 1970, pursuant posed herein, shall be filed within 10 mail rate to be paid to Golden West Air­ to 14 CFR Part 298, petitioning the Board days, and if notice is filed, written answer lines, Inc., in its entirety by the Post­ to establish for the above captioned air and supporting documents shall be filed master General pursuant to section 406 taxi operator, a final service mail rate within 30 days after service of this order; of the Act for the transportation of mail of 63.9 cents per great circle aircraft 3. If notice of objection is not filed by aircraft, the facilities used and useful mile for the transportation of mail by within 10 days after service of this order, therefor, and the services connected aircraft between Rochester and New or if notice is filed and . answer is not therewith, shall be 98 cents per great York, N.Y., based on five round trips per filed within 30 days after service of this circle aircraft mile between Mojave and week. order, all persons shall be deemed to Los Angeles, Calif., based on five round have waived the right to a hearing and No protest or objections was filed trips per week. all other procedural steps short of a final against the proposed services during the Accordingly, pursuant to the Federal decision by the Board, and the Board time for filing such objections. The Post­ Aviation Act of 1958, and particularly may enter an order incorporating the master General states that tjie Depart­ sections 204(a) and 406 thereof, and reg­ findings and conclusions proposed herein ment and the carrier agree that the above ulations promulgated in 14 CFR Part 302, and fix and determine the final rate spe­ rate is a fair and reasonable rate of com­ 14 CFR Part 298, and 14 CFR 385.16(f), cified herein; pensation for the proposed services. The It is ordered, That: 4. If answer is filed presenting issues Postmaster General believes these serv­ 1. Golden West Airlines, Inc., the for hearing, the issues involved in deter­ ices will meet postal needs in the market. Postmaster General, and all other inter­ mining the fair and reasonable final rate ested persons are directed to show cause He states the air taxi plans to initiate shall be limited to those specifically mail service with Beechcraft D-18 why the Board should not adopt the raised by the answer, except insofar as aircraft. foregoing proposed findings and con­ other issues are raised in accordance clusions and fix, determine, and pub­ It is in the public interest to fix, deter­ with Rule 307 of the rules of practice (14 lish the final rate specified above for mine, and establish the fair and reason­ CFR 302.307); and the transportation of mail by aircraft, able rate of compensation to be paid by 5. This order shall be served upon the facilities used and useful therefor, the Postmaster General for the proposed Buckeye Air Service, Inc., the Postmaster transportation of mail by aircraft, the General, American Airlines, Inc., Mo­ and the services connected therewith as facilities used and useful therefor, and hawk Airlines, Inc., and United Air Lines, specified above as the fair and reason­ the services connected therewith, be­ Inc. able rate of compensation to be paid to tween the aforesaid points. Upon con­ Golden West Airlines, Inc.; sideration of, the notice of intent and This order will be published in the F ed ­ 2. Further procedures herein shall be other matters officially noticed, it is pro­ eral R e g ist e r . in accordance with 14 CFR Part 302, posed to issue an order1 to include the [ s e a l ] H a r r y J. Z i n k , and notice of any objection to the rate following findings and conclusions; Secretary. or to the other findings and conclusions The fair and reasonable final service proposed herein, shall be filed within 10 mail rate to be paid to Buckeye Air Serv­ [F.R. Doc. 70-16619; Filed, Dec. 9, 1970; 8:49 a.m.] days, and if notice is filed, written an­ ice, Inc., in its entirety by the Postmaster swer and supporting documents shall General pursuant to section 406 of the be filed within 30 days after service of Act for the transportation of mail by [Docket No. 22765; Order 70-12-11] this order; aircraft, the facilities used and useful 3. If notice of objection is not filed therefor, and the services connected GOLDEN WEST AIRLINES, INC. within 10 days after service of this or­ therewith, shall be 63.9 cents per great Order To Show Cause Regarding der, or if notice is filed and answer is circle aircraft mile between Rochester Establishment of Service Mail Rate and New York, N.Y., based on five round not filed within 30 days after service of trips per week. Issued under delegated authority this order, all persons shall be deemed to have waived the right to a hearing and Accordingly, pursuant to the Federal December 3, 1970. all other procedural steps short of a Aviation Act of 1958, and particularly The Postmaster General filed a peti­ final decision by the Board, and the sections 204(a) and 406 thereof, and tion on November 16, 1970, pursuant to 14 CFR Part 298, requesting the Board Board may enter an order incorporating to establish for the above captioned air the findings and conclusions proposed d Diw enting statement of Members Minetti taxi operator, a final service mail rate of herein and fix and determine the final rate specified herein; document!^ filCd &S P&rt °f the orlglnal 98 cents per great circle aircraft mile for the transportation of mail by aircraft np+w.tl?iS.0rder to Bhow cause Is not a final between Mojave and Los Angeles, Calif., 1 This order to show cause is not a final ac­ review 1S, ?ot regarded 03 subject to the based on five round trips per week. tion and is not regarded as subject to the DroviTi^o l l 8,1,0118 of 14 CFR Part 385. These review provisions of 14 CFR Part 385. These the e+ » wil1 aPPly to final action taken by No protest or objection was filed provisions will be applicable to final action 5 385.16(g) Under authority delegated In against the proposed services during the taken by the staff under authority delegated time for filing such objections. The Post­ in § 385.16(g).

FEDERAL REGISTER, V O L 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18760 NOTICES

4. If answer is filed presenting issues cable specific commodity rates. The rev­ W right-TAG Merger Case, Docket for hearing, the issues involved in de­ enue yields from the proposal will be 22034; application of T A G Airlines, Inc., termining the fair and reasonable final relatively low, ranging between 4.6 and for suspension, Docket 22457. rate shall be limited to those specifically 6.4 cents per revenue ton-mile. The pos­ A petition for reconsideration of the raised by the answer, except insofar as sibilities of diversion from other air car­ Board’s decision in the above-entitled other issues are raised in accordance riers’ traffic or dilution of air freight proceeding (Order 70-9-135) has been with Rule 307 of the rules of practice revenues are considerable. Furthermore, filed jointly by Wright Air Lines and (14 CFR 302.307); and United has not presented any factual TAG Airlines. Answers have been filed by 5. This order shall be served upon cost data in support of its proposal. the International Association of Ma­ Golden West Airlines, Iric., and the Post­ On the other hand, there appears to chinists and Aerospace Workers, the Air master General. be a large potential market of surface Line Pilots Association, International, freight that United is seeking to tap on and the Bureau of Operating Rights. This order will be published in the a selective basis. Furthermore, a consid­ F ederal R eg iste r . Upon consideration of the matters pre­ erable amount of excess capacity appears sented, we have decided to deny the peti­ [ s e a l ] H arry J. Z i n k , to exist on available flights and in ter­ tion for reconsideration. Petitioners have Secretary. minal operations at certain hours. not established error in the Board’s deci­ [P.R. Doc. 70-16620; Filed, Dec. 9, 1970; The Board has, therefore, decided not sion or presented any matters that 8:49 a.m.] to suspend United’s proposal but to allow otherwise would warrant the relief they it to become effective on an experimental seek. However, we will modify the scope basis pending investigation. The proposed of the reopened proceeding in one re­ [Docket No. 22842; Order 70-12-20] tariff will expire by its own terms 15 spect, as proposed by the Bureau. UNITED AIR LINES, INC. months after the effective date. We shall Petitioners claim that the Board was expect United to submit comprehensive arbitrary and unfair in placing in issue Order of Investigation reports indicating the volume of traffic the possible termination or revocation of transported under the proposal and other T A G ’S certificate authority in the event Adopted by the Civil Aeronautics relevant data. The details of the reports Board at its oflice in Washington, D.C., the carrier fails to comply with the will be worked out by consultation be­ Board’s order to resume its operations on the 4th day of December 1970. tween the carrier and Board staff By tariff revisions posted1 November between the Detroit City Airport and the members. Burke Lakefront Airport (Cleveland). 6, 1970, and marked to become effective Accordingly, pursuant to the Federal December 21, 1970, United Air Lines, We find this contention unpersuasive. Aviation Act of 1958, and particularly The Board has merely ordered TAG to Inc. (United), proposed to reduce its sections 204(a) and 1002 thereof, specific commodity rates on avocados, fulfill the obligations imposed by its cer­ It is ordered, That: tificate1 within 90 days, the statutory artichokes, asparagus, and grapes from 1. An investigation is instituted to de­ period for certificate terminations under Los Angeles, Portland, San Francisco, termine whether the rates and provisions section 401(f) of the Act, and, under the and Seattle to eastern points. The pro­ described in Appendix A attached circumstances, a reasonable time within posed rates are subject to a minimum hereto, including subsequent revisions which TAG should be expected to resume shipment weight of 5,000 pounds and to and reissues thereof, and rules, regula­ its operations or face a possible revoca­ the requirement that the shipper tender tions, and practices affecting such rates tion of its route authority under section the freight to the carrier between the and provisions, are or will be unjust, un­ 401(g).* In view of petitioners’ present hours of 9:30 a.m. and 5:30 p.m. The reasonable, unjustly discriminatory, un­ assertion that TAG is unable to provide tariff revisions bear an expiration date duly preferential, unduly prejudicial, or its certificated service because of serious of March 21, 1972. otherwise unlawful, and if found to be financial difficulties, the Board is en­ In support of its filing, United claims unlawful, to determine and prescribe the tirely justified in considering termina­ that (1) it will obtain 3.8 million pounds lawful rates and provisions, and rules, tion or revocation of its authority as one of traffic now moving by surface modes regulations, or practices affecting such of several decisional options should the and generate $230,000 in additional rev­ rates and provisions; carrier continue in default of its certifi­ enues, (2) the traffic will be transported 2. The complaint of American Air­ cate responsibilities. Moreover, peti­ on daytime freighters now having sub­ lines, Inc., in Docket 22777 is dismissed, tioners have not indicated how they are stantial excess capacity, (3) that the except to the extent granted herein; prejudiced by our order that TAG 3. The proceeding herein be assigned proposal’s limitation on hours of ship­ resume service, since a failure by the for hearing before an examiner of the ment tenders will mean that no addi­ carrier to comply would merely place the tional ground costs will accrue, and (4) Board at a time and place hereafter to the rates are the maximum rates at be designated; and which regular surface shipments can be 4. Copies of this order shall be served 1 T A G ’s certificate of public convenience diverted to air. upon American Airlines, Inc., and United and necessity issued pursuant to Order 69- American Airlines, Inc. (American), Air Lines, Inc., which are hereby made 8-165, Aug. 29, 1969, requires in part that: The holder shall render service to and from has filed a complaint against United’s parties to this proceeding. the points named herein except as tempo­ filing, requesting suspension and investi­ This order will be published in the rary suspensions of service may be authorized gation thereof, asserting, inter alia, that by the Board F ederal R eg ist e r . the proposed rates are unduly low and On Aug. 7, 1970, TAG suspended its cer­ that they will substantially dilute reve­ By the Civil Aeronautics Board. tificated service without Board permission, in nues on such traffic now moving via air violation of this provision and of Part 205 of [ s e a l ] H a r r y J. Z i n k , freight. Secretary. the regulations. Upon consideration of all relevant 2 Section 401(f) of the Act provides, m matters, the Board finds that United’s [F.R. Doc. 70-16621; Filed, Dec. 9, 1970; part, that if, for a period of 90 days, any proposal may be unjust, unreasonable, 8:49 a.m.] service authorized by a certificate is not oper­ ated, the Board may by order, entered afte unjustly discriminatory, unduly pref­ notice and hearing, direct that such erential, or unduly prejudicial, or other­ [Dockets Nos. 22034, 22457; Order 70-12-31] cate shall thereupon cease to be effecti wise unlawful, and should be investi­ to the extent of such service. Section gated. WRIGHT AIR LINES AND of the Act provides, in part, that the Boar > The rates proposed will involve sub­ TAG AIRLINES, INC. upon its own initiative and after notice a hearing, may revoke a carrier’s certificate stantial reductions, ranging between 33 Order on Reconsideration intentional failure to comply with any te and 59 percent below currently appli- or condition of the certificate, provided t Adopted by the Civil Aeronautics the Board first afford the carrier a reason­ 1 Revisions to Airline Tariff Publishers, Board at its office in Washington, D.C., able time to comply with said term Inc., Agent, CAB No. 116. on the 7th day of December 1970, condition.

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 NOTICES 18761 terfnination/revocation question in is­ that the market needs certificated serv­ By the Civil Aeronautics Board. sue; petitioners would remain free, of ice. Accordingly, we will entertain appli­ [ seal] H arry J. Zin k , course, to argue against termination/ cations for authority over route 169 and Secretary. revocation and for Board approval of a will require such applications to be filed Wright-TAG merger at the hearing in within 20 days of the date of service of [F.R. Doc. 70-16622; Filed, Dec. 9, 1970; the reopened proceeding. this order. 8:49 a.m.] Finally, we will expand the scope of Accordingly, it is ordered, That: the reopened proceeding to include an 1. The petition for reconsideration [Docket No. 19877] issue suggested by the Bureau—-fee*, filed jointly by Wright Air Lines and AIR AFRIQUE whether, in the event the Board decides T A G Airlines be and it hereby is denied. to terminate or revoke T A G ’S certificate, 2. The scope of this proceeding be Notice of Prehearing Conference another carrier should be authorized to and it hereby is expanded to include the The above-entitled application pre­ serve the route.8 The inclusion of this question of whether, in the event T A G ’S viously assigned to Examiner Arthur S. issue will provide the Board maximum certificate for route 169 ceases to be Present is reassigned to Examiner W il­ flexibility in determining the future of effective or is revoked by the Board, liam H. Dapper, and a prehearing con­ certificated service for the Detroit- another carrier should be authorized to ference is assigned for December 21, serve the route. Cleveland inner route, and will obviate 1970, at 10 a.m., e.s.t., in Room 805, Uni­ 3. Additional or amended applications the need for a separate route proceeding versal Building, 1825 Connecticut Avenue conforming to the scope of this proceed­ should we ultimately decide to end T A G ’S NW., Washington, DC, before Examiner ing, as modified herein, shall be filed no William H. Dapper. authority while nevertheless concluding later than 20 days after the date of service of this order. Dated at Washington, D.C., Decem­ 8 While the Bureau proposed as an issue 4. A copy of this order shall be served ber 7, 1970. the transfer of T A G ’S certificate to Wright, on the Cities and Chambers of Commerce [ seal] T homas L. W renn, we believe it would be more appropriate to of Cleveland and Detroit. give full consideration to the comparative Chief Examiner. qualifications and fitness of all carriers This order will be published in the [F.R. Doc. 70-16623; Filed, Dec. 9, 1970; wishing to apply for the authority at issue. F ederal R egister. 8:49 a.m.] FEDERAL COMMUNICATIONS COMMISSION _ [Canadian List No. 274] CANADIAN STANDARD BROADCAST STATIONS Notification List N ovember 23, 1970. List of new stations, proposed changes in existing stations, deletions, and corrections in assignments of Canadian standard broadcast stations modifying the assignments of Canadian broadcast stations contained in the appendix to the recommendations of the North American Regional Broadcasting Agreement Engineering Meeting January 30, 1941.

Antenna Ground system Proposed date of Call letters Location Power kw. Antenna Schedule Class height commencement (feet) Number of Length of operation radiais (feet)

600 u rn CFCT (assignment of call letters. Tuktoyaktuk, Northwest 1...... ND-180 U III 150 120 410 4.1.71. Change in antenna site and Territory, N. 69°86'44", Top loaded height from that notified on List W. 188°01 88". No. 268 dated April 10, 1970).

F ederal Communications Commission, LsealJ W allace E. Johnson, Assistant Chief, Broadcast Bureau. [F.R. Doc. 70-16632; Filed, Dec. 9, 1970; 8:50 a.m.]

r Report No. 521] cation, in order to be considered with any sion has not acted upon the application COMMON CARRIER SERVICES domestic public radio services applica­ by that time pursuant to the first alterna­ INFORMATION 1 tion appearing on the list below, must be tive earlier date. The mutual exclusivity substantially complete and tendered for rights of a new application are governed Domestic Public Radio Services filing by whichever date is earlier: (a) by the earliest action with respect to any Applications Accepted for Filing 2 The close of business 1 business day pre­ one of the earlier filed conflicting appli­ ceding the day on which the Commission cations. D ecember 7,1970. takes action on the previously filed ap­ The attention of any party in interest f ursuant to §§ 1.227(b) (3) and 21.3< plication; or (b) within 60 days after the desiring to file pleadings pursuant to sec­ (o) of the Commission’s rules, an appli- date of the public notice listing the first tion 309 of the Communications Act of prior filed application (with which sub­ 1934, as amended, concerning any t^fA1,Li!l*>*5l*ca^ ons below are subjec sequent applications are in conflict) domestic public radio services applica­ to iurther consideration and review and ma; as having been accepted for filing. tion accepted for filing, is directed to oe returned and/or dismissed if not found t< An application which is subsequently § 21.27 of the Commission’s rules for pro­ rnion accordance with, the Commission’: amended by a major change will be con­ a_ j regulations, and other requirements, visions governing the time for filing and sidered to be a newly filed application. It to +'lre above alternative cutoff rules appb other requirements relating to such hoon ° Se aPPhcations listed below as bavin) is to be noted that the cutoff dates are pleadings. in Domestic Public Lam set forth in the alternative— applications F ederal Communications Radi0, Rural Radio, Point-to-Poin will be entitled to consideration with Co m m issio n , m Radio’ and Looa1 Television Trans, those listed below if filed by the end of [ seal] B en F. W aple, mission Services (Part 21 of the ru les). the 60-day period, only if the Commis­ Secretary.

No. 239------7 FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 A pplications A ccepted fo r F il in g RURAL RADIO SERVICE 18762 DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE 2782-C1—P-71— Continental Telephone Co. of California (N ew ), C.P. for a rural subscriber File No., applicant, call sign, and nature of application station to be located at the U.S. Department of Interior, Bureau of Land Management, Chimney Peak Station (Tulare County), Calif., to operate on frequency 157.89 MHz com­ 2780- C2-P-71— AAA Telephone Answering Service and Medical Exchange, Inc. (KLB781), municating with station KMM662, Ridgecrest, Calif. C.P. for an additional channel to operate on frequency 152.21 MHz at station located at 2864-C1-P-71— Continental Telephone Co. of California (New), C.P. for a new rural sub­ 6 miles southwest of Baton Rouge, La. scriber station to be located at Rafter 7 Ranch, 23.6 miles south-southeast of Yerington, 2781— C2—P—71—Morris Communications, Inc. (New), C.P. for a new 1-way station to he Nev., to operate on frequency 157.83 MHz communicating with Station KOP243, Yering­ located at 13 South Main Street, Greenville, SC, to operate on frequency 158.70 MHz. ton, Nev. 2865- C2—P-71—Jamestown Telephone Corp. (KGI773), C.P. for an additional channel to 2949—Cl—AL-71— Andrew J. Dibrell, Consent to assignment of license from Andrew J. Dibrell, operate on frequency 152.60 MHz at station located at Route No. 328 and Hunt Road, Assignor, to: Robert G. Clark and Joe Slapper, doing business as Autophone of Laredo, 1 mile southwest of Jamestown, N.Y. Assignee. Station WAY69, Temp-Fixed. 2866— C2-P—71— Mobile Radio Telephone Service, Inc. (KOE252), C.P. to change the control 2952—Cl—P/L-71— The Mountain States Telephone & Telegraph Co. (N e w ), C.P. and license frequency to 2175.4 MHz; replace transmitter and change the antenna system at location for a new rural subscriber station to be located at 27 miles west of Casper, Wyo., to operate No. 2: 2878 West 3500 South, Salt Lake City, UT, and change the repeater frequency to on frequency 157.77 MHz communicating with Station KPQ20, Casper, Wyo. 2125.4 MHz; replace transmitter and change the antenna system at location No. 1: Coon 3006-C1-AL-71— Ark-La-Tex Mobile Radio Service, Inc., Consent to assignment of license Peak, Oquirrh Range, 5.2 miles southwest of Garfield, Utah. from Ark-La-Tex Mobile Radio Service, Inc., Assignor, to: Southern Message Service Inc., 2867- C2-P-71— Lake Shore Communications (N ew ), C.P. for a new 1-way station to be by its Division Ark-La-Tex Mobile Radio Service, Assignee. Station KKK93, Temp-Fixed. located at 4 miles north-northwest of LaPorte, Ind., to operate on frequency 158.70 MHz. 2868— C2-P—71— Answer-All of Grand Island (New), C.P. for a new 1-way station to be lo­ POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER) cated at Second and Locust Streets, Grand Island, NE, to operate on frequency 152.24 MHz. 2518— C1-P-71— General Telephone Co. of Florida (KIL88), fc.P. to delete frequencies 5989.7, 2937- C2—AL-71— Bellamy Telephone Co., Consent to assignment of license from Bellamy 6049.0, and 6108.3 MHz toward St. Petersburg, Fla; Add frequencies 5945.2, 6004.5, 6063.8, Telephone Co., Assignor, to Hawkeye State Telephone Co., Assignee KAF637 Knoxville, and 6123.1 MHz toward Clearwater, Fla. Location: Corner of Zack and Morgan Streets, Iowa. Tampa, FL. 2938- C2—AL—71— Radio Dispatch Service, Consent to assignment of license from Radio Dis­ 2519— Cl—P—71— General Telephone Co. of Florida (KIN50), C.P. to add frequencies 6197.2, patch Service, Assignor, to Auto Phone, Inc., Assignee. Station KIY733, Huntsville, Ala. 6256.5, 6315.9, and 6375.2 MHz toward Tampa, Fla. Replace and add transmitters and 2949— C2-AL-71— Andrew J. Dibrell, Consent to assignment of license from Andrew J. Dibrell, change frequencies 6412.2 and 11,485 MHz toward St. Petersburg, Fla., to 3750, 3830, 3910, Assignor, to Robert G. Clark and Joe Slapper, doing business as Autophone of Laredo, 3990, 4070, and 4i50 MHz. Station location: Corner of Cleveland Avenue and Betty Lane, Assignee. Station KLF536, Laredo, Tex. Clearwater, FL. 2950— C2—AL-71— Coronet Enterprises, Inc., Consent to assignment of license from Coronet 2520— Cl—P—71— General Telephone Co. of Florida (KIY21), C.P. to replace and add trans­ NOTICES Enterprises, Inc., Assignor to Loomis Electronic Protection, Inc., Assignee. Station KOA271, mitters and change frequencies 6160.2 and 10,955 MHz toward Clearwater, Fla., to 3710, Spokane, Wash. 3790, 3870, 3950, 4030, and 4110 MHz. Station location: 830 Arlington Avenue, St. Peters­ 2953- C2—P—(4) 71— Tra-Mar Communications, Inc. (KEJ888), C.P. for two additional chan­ burg, FL. nels to operate on frequencies 454.300 and 454.325 MHz at new sites described as location 2851- C1-P-71— The Bell Telephone Co. of Pennsylvania (K YJ39), C.P. to add frequency No. 4: Claridge Apartment, Claridge Drive, Verona, NJ and location No. 5: Rye Cliff House, 4030.0 MHz toward Waggoners Gap, Pa. Station location: 14 East Chocolate Avenue, Rye Cliff Road, Oakland Township, NJ. Hershey, PA. 2954- C2—P—71— Gerald A. Parker, doing business as Page I (N e w ), C.P. for a new 1-way sta­ American Telephone & Telegraph CO,, Twelve C.P. applications to construct a wideband tion to be located at Elvira Road and Springdale Drive, Clinton, IA, to operate on fre­ Type TD-2 radio relay channel for transmission of Radar Remoting signals on the route quency 158.70 MHz. from Omaha, Nebr., to Minneapolis, Minn, via Elkhorn and Des Moines, Iowa. 2955- C2—MP—71— The Pacific Telephone & Telegraph Co. (KMA829), Modification of C.P. to 2852- C l—P-71— American Telephone & Telegraph Co. (KAC60), Add frequency 3930 MHz relocate facilities operating on 35.58 MHz at location No. 11 to: North of Genesee Avenue toward Minden, Iowa. Station location: 118 South 19th Street, Omaha, NE. on North Torrey Pines Road, San Diego, CA. 2853- C1-P-71—American Telephone & Telegraph Co. (KAB21), Add frequency 3890 MHz 2956- C 2 -P -(6 ) 71— Southwestern Bell Telephone Co. (KKA782), C.P. to add frequencies toward Elkhorn, Iowa. Station location: 5 miles south-southeast of Minden, Iowa. 454.625 and 454.650 MHz and rearrange the antenna system operating on 454.400, 454.4751 2854- C1-P-71— American Telephone & Telegraph Co. (KAA70), Add frequency 3890 MHz 454.550, and 454.600 MHz at location No. 2: 1401 Elm Street, Dallas, TX. toward Ames, Iowa. Station location: Adjacent lot west of 909 High Street, Des Moines, IA. 3000- C2-P—71— The Pacific Telephone & Telegraph Co. (KMA333), C.P. to replace the trans­ 2855- C1-P-71—American Telephone & Telegraph Co. (KAS42), Add frequency 4010 MHz mitters and change the antenna system for facilities operating on 35.38, 152.51, 152.69, and toward Boone, Iowa. Station location: 6 miles southwest of Ames, Iowa. 152.81 MHz base and 43.38, 157.77, 157.95, and 158.07 MHz Test at location No. 1: 1455 Van 2856- C1-P-71— American Telephone & Telegraph Co. (KYN90, Add frequency 3970 MHz Ness Avenue, Fresno, CA. toward Radcliffe, Iowa. Station location: 9.5 miles north-northeast of Boone, Iowa. 3001— C2—MP-71— Central Mobile Radio Phone Service (KQD597), Modification C.P. to re­ 2857- C1-P-71—American Telephone & Telegraph Co. (KAS43), Add frequency 4010 MHz place base transmitter operating on 152.15 MHz. Location: Frytown Road at Lyleburn toward Hampton, IoWa. Station location: 1 mile south-southeast of Radcliffe, Iowa. Road, Dayton, Ohio. 2858- C1-P-71— American Telephone & Telegraph Co. (KAS44), Add frequency 8970 MHz 3006—C2—AL -(2 ) —71— Ark-La-Tex Mobile Radio Service, Inc. Consent to assignment of li­ toward Nora Springs, Iowa. Station location: 5 miles west-southwest of Hampton, Iowa. cense from Ark-La-Tex Mobile Radio Service, Inc., Assignor, to: Southern Message Service, 2859- C1-P-71— American Telephone & Telegraph Co. (KAS45), C.P. add frequency 4010 MHz Inc., by its Division Ark-La-Tex Mobile Radio Service, Assignee. Stations KLB494 and toward Glenville, Minn. Station location: 3.5 miles east-northeast of Mason City, Iowa KLB756, Shreveport, La. (Nora Springs).

FEDERAL REGISTER, VOL. 35, NO. -THURSDAY, DECEMBER 10, 1970 POINT-TO-POINT MICRO WAVS RADIO SERVICE (TELEPHONE CARRIER >---Continued POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER) ----- C o n t i n u e d 2860— C l—P—71—American Telephone & Telegraph Co. (KAS46), Add frequency 3970 MHz 2946—Cl—AL-(3)—71— Continental Telephone Co. of Virginia, Consent to assignment of toward Hartland, Minn. Station location: 3 miles southeast of Glenvllle, Minn. license from: Continental Telephone Co. of Virginia Assignor to: Continental Telephone 2861— C1-P-71—American Telephone & Telegraph Co. (KAS67), Add frequency 4010 MHz Co. of Harrisonburg Assignee. Stations: WAY61, Emporia, Va.; WAY62, Stony Creek, Va.; toward Medford, Minn. Station location: 3.2 miles east-northeast of Hartland, Minn. WAY63, Pleasant Shade, Va. 2862— C1—P—71— American Telephone & Telegraph Co. (KAS68), Add frequency 3970 MHz 2959— Cl-P-71—American Telephone & Telegraph Co. (KKN28), C.P. to change points of toward Lonsdale, Minn. Station location: 1.5 miles west-southwest of Medford, Minn. communication, for frequencies 3710, 3770, 3790, 3850, 3870, 3930, 3950, 4010, 4030, 4090, 2863— C1-P—71— American Telephone & Telegraph Co. (KAS69), Add frequency 4010 MHz 4110, and 4170 MHz toward New Orleans, La., to azimuth 106°47\ Location: 2 miles toward Minneapolis, Minn. Station location: 2.5 miles north-northeast of Lonsdale, Minn. southeast of La Place La. American Telephone & Telegraph Co., Seven C.P. applications to construct the initial Type 2960— Cl—P—71— American Telephone & Telegraph Co. (New), C.P. for a new station to be TD-3 radio relay channels on the Faulkner, Md.-Quinton, N.J. radio relay route. located at 3951 Erato Street, New Orleans, La. Frequencies: 3730, 3750, 3810, 3830, 3890, 2786- C1—P-71— American Telephone & Telegraph Co. (KGN87), Add frequencies 3770, 3850, 3910, 3970, 4070, 4050, 4150, and 4130 MHz toward La Place, La. 3930,4010, 4090, and 4170 MHz toward Westwood, Md. Station location: 0.5 mile southwest 2961— Cl—P—71— American Telephone & Telegraph Co. (KJH53), C.P. to add frequencies of Faulkner, Md. 11,445,11,605, and 11,685 MHz toward Hamilton, Va., on azimuth 291*08'. Station location: 2787- C1-P-71— American Telephone & Telegraph Co. (K G N 78), Add frequencies 3730, 3810, State Route No. 7, Leesburg, Va. 3890, 3970, 4050, and 4130 MHz toward Faulkner, Md., and toward Prince Frederick, Md. 3002-C1-P—71— The Ohio Bell Telephone Co. (KQH44), C.P. to add frequencies 5974.8 and Station location: 1.4 miles southeast of Westwood, Md. 6093.5 MHz toward Genoa, Ohio. Station location: 121 Huron Street, Toledo, OH. 2788- C1-P—71— American Telephone & Telegraph Co. (KGN95), Add frequencies 3770, 3850, 3007-C1-P-71— Southern Bell Telephone & Telegraph Co. (KJM36), C.P. to add frequencies 3930,4010,4090, and 4170 MHz toward Westwood, and toward Trappe, Md. Station location: 6241.7 and 6360.3 MHz toward Avon Park, Fla. Station location: Approximately 4 miles 4 miles south of Prince Frederick, Md. west-southwest of Frostproof, Fla. 2789- C1-P-71— American Telephone & Telegraph Co. (KGO60), Add frequencies 3730, 3810, POINT-TO-POINT MICROWAVE RADIO SERVICE (NONTELEPHONE) 3890, 3970, 4050, and 4130 MHz toward Prince Frederick and Denton, Md. Station location: 0.7 mile south of Trappe, Md. 2783— Cl—P—71—United Video, Inc. (New), CP. for a new station to be located 5 miles east 2790- C1-P-71— American Telephone & Telegraph Co. (KGP39), Add frequencies 3770, 3850, of Warrensburg, Mo. Frequency: 10,895 MHz toward Elm, Mo. 3930, 4010, 4090, and 4170 MHz toward Trappe, Md., and Blackiston, Del. Station location: 2784— C1-P-71—United Video, Inc. (New), CP. for a new station to be located 1.5 miles 2 miles northeast of Denton, Md. southwest of Elm, Mo. Frequency: 11,585 MHz toward Lees Summit, Mo. 2791- Cl-P-71—American Telephone & Telegraph Co. (KGP42), Add frequencies 3730, 3810, 2785— Cl-P-71—United Video, Inc. (New), C.P. for a new station to be located 1 mile north 3890, 3970, 4050, and 4130 MHz toward Denton, Md., and Quinton, N.J. Station location: of Lees Summit, Mo. Frequency: 10,895 MHz toward Kansas City, Kans. 2957- C1-TC—(2)-71—New England Microwave Corp. (KCE79), Transfer of control of New

1.85 miles southeast of Blackiston, Del. NOTICES 2792- Cl—P—71— American Telephone & Telegraph Co. (KEM73), Add frequencies 3770, 3850, England (KCE80), Microwave Corp. Transferor to: Communications Properties, Inc. 3930, 4010, 4090, and 4170 MHz toward Trappe, Md., and Blackiston, Del. Station location: Transferee. KCE79 Lennox Mountain, Mass.; KCE80 North Adams, Mass. of Quinton, N.J. 2958— C l—TC—(8)—71— Southwest Texas Transmission Co. Transfer of control of Southwest 2793- C l—P—71— The Mountain States Telephone & Telegraph Co. (K YJ77), C.P. to change Texas Transmission Co. Transferor to: Communications Properties, Inc. Transferee. Sta­ frequencies from 5974.8 and 6093.5 MHz to 5989.7 and 6108.3 MHz toward Separations tions: KKY46, Las Moras, Tex.; KLR36, Mayfield Ranch, Tex.; KLR37, Sonora, Tex.; KLR38, Peak, Wyo., via passive reflector. Station location: 611 West Cedar Street, Rawlins, WY. D ’Hanis, Tex.; KKY45, Uvalde, Tex.; KLP99, Wardlaw Ranch, Tex.; KKK27, Beeler Farm, 2794- C1-P-71— The Mountain States Telephone & Telegraph Co. (K YJ78), C.P. to add fre­ Tex.; KJK31, Smarr, Ga. quencies 6226.9 and 6345.5 MHz toward Arlington, Wyo., via passive reflector and change 816—Cl-M L -7 0— Mountain Microwave Corp. (KC093), Modification of license to provide, frequencies 6226.9 and 6345.5 MHz to 6241.7 and 6360.3 MHz toward Rawlins, Wyo., via via audio subcarrier, the signal of station- KSPN-FM , Aspen, Colo., to Glenwood Springs, passive reflector. Station location: Separation Peak, 13.6 miles southwest of Rawlins, Wyo. Colo., CATV system. 2795- C1—P-71— The Mountain States Telephone & Telegraph Co. (N ew ), C.P. for a new Major Amendment station to be located 1.5 miles south-southwest of Arlington, Wyo. Frequencies: 5974.8 8160- C1-P-70—United Video, Inc. (New), Application amended to change station location and 6093.5 MHz toward Pilot Hill, Wyo., and 5974.8 and 6093.5 MHz toward Separation Peak, Wyo., via passive reflector. to latitude 89°33'31" N„ longitude 94°03'05" W. Station location: 1 mile northwest of 2796- C1-P-71— The Mountain States Telephone & Telegraph Co. (N ew ), C.P. for a new Polo, Mo. station to be located 6.5 miles east-southeast of Laramie, Wyo. Frequencies: 6226.9 and 8161— Cl-P—70—United Video, Inc. (New), Application amended to change station location 6345.5 MHz toward Arlington, Wyo., and Cheyenne, Wyo. to latitude 39°19'46" W „ longitude 94°32'54'' W. Station location: 4.75 miles southeast of 2797- C1-P-71— The Mountain States Telephone & Telegraph Co. (KKU75), C.P. to add Smithville, Mo. Other particulars are same as reported on Public Notice dated June 15, frequencies 5974.8 and 6093.5 MHz toward Pilot Hill, Wyo., and 5960.0 and 6078.6 MHz 1970. toward Cheyenne, Wyo. Station location: 7 miles southwest of Cheyenne, Wyo. Major Amendment 2798- C1-P-71— The Mountain States Telephone & Telegraph Co. (KXQ87), C.P. to add 2206-C1-P-71—United Video, Inc. (New), Application amended to change frequencies frequencies 6212.1 and 6330.7 MHz toward Cheyenne, Wyo. Station location: 1919 Capitol toward Effingham, 111., to 10,815 MHz, 10,895, 10,975, 11,055 and 11,135 MHz. Station Avenue, Cheyenne, W Y. location: 2.70 miles northeast of Mattoon, HI. Other particulars are same as reported on 2799- C1-P-71— Indiana Bell Telephone Co. (KTG61), C.P. to add frequency 11,645 MHz Public Notioe dated Nov. 2,1970. and delete 6505.0 MHz toward Bloomington, Ind. Station location: 1 mile southwest of New Unionville, Ind. [F.R. Doc. 16631; Filed, Dec. 9, 1970; 8:50 am .] 18763

FEDERAL REGISTER, V O L 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18764 NOTICES

vestors Stock Fund, Inc.; Investors Vari­ nuity contracts solely on the basis of RAILROAD RETIREMENT BOARD able Payment Fund, Inc.; and IDS New relative net asset values without charges Dimensions Fund, Inc. (Funds). for administrative expenses and State RAILROAD RETIREMENT TAX ACT Applicants state that Investors Life taxes. In addition, Applicants state that Determination of Quarterly Rate of and Investors utilize basically the same it would be unfair to the shareholders Excise Tax for Railroad Retirement sales force. Applicants also state that at in the six funds to incur an additional the present time, mutual fund share­ full sales charge since the same sales per­ Supplemental Annuity Program holders in each of the six funds for which sonnel are involved and no comparable In accordance with directions in section Investors serves as principal underwriter sales efforts would be incurred. 3221(c) of the Railroad Retirement Tax can transfer their accumulated invest­ Section 11(a) of the act provides that Act (26 U.S.C. section 3221(c)) as ments to any of the other funds at net it shall be unlawful for any registered amended by section 5(a) of Public Law asset value. Applicants propose to allow open-end company or any principal un­ 91-215, the Railroad Retirement Board investors to transfer their accumulated derwriter for such a company to make has determined that the excise tax im­ amounts from any of the six funds for or cause to be made an offer to the holder posed by such section 3221(c) on every which Investors serves as underwriter of a security of such company or of any employer, with respect to having individ­ to Variable Fund A or Variable Fund B other open-end investment company to uals in his employ, for each man-hour for interests in variable annuity con­ exchange his security for a security in for which compensation is paid by such tracts without the usual sales charges. the same or other such company on any employer for services rendered to him The contracts to be purchased will be basis other than the relative net asset during the quarter beginning January 1, Individual Single Purchase Payment Im­ values of the respective securities to be 1971, shall be at the rate of six cents. mediate Annuity Contracts, which pro­ exchanged, unless the terms of the offer vide for one single purchase payment and have first been submitted to and ap­ Dated: December 3, 1970. for annuity payments to start no more proved by the Commission. Applicants By authority of the Board. than 60 days after the purchase date. Ap­ request approval under section 11 be­ plicants propose to waive the sales cause the offer of exchange will be made [ seal] L awrence G arland, charges but not the administrative Secretary of the Board. at net asset value plus administrative charges payable upon the purchase of charges. [F.R. Doc. 70-16624; Filed, Dec. 9, 1970; these contracts. In addition, applicable 8:49 a.m.] Section 22(d) of the Act provides in State premium taxes would be paid by pertinent part that no registered invest­ the investor. ment company shall sell any redeemable Applicants state that on Variable Fund security issued by it to any person ex­ A the sales and administrative charges cept at a current public offering price SECURITIES AND EXCHANGE on immediate annuities are 8 percent described in the prospectus. Applicants (6 percent sales and 2 percent admin­ request exemption from section 22(d) COMMISSION istrative) on the first $15,000 of pur­ because investors in the Funds will be [812-2835, 812-2843] chase payments; 5 percent <4 percent able to purchase contracts without pay­ sales and 1 percent administrative) on ment of a sales load which is a price ISL VARIABLE ANNUITY FUND A ET AL. the next $10,000 of purchase payments; different from that described in the and 2 percent (IV 2 percent sales and y2 prospectus. Notice of Application To Permit Offer percent administrative) on all payments Section 6(c) of the Act provides that of Exchange and for Exemption in excess of $25,000. On Variable Fund the Commission, by order upon appli­ B the sales and administrative charges D ecember 3,1970. cation, may conditionally or uncondi­ on immediate annuities are N 20 percent tionally exempt any person or transac­ Notice is hereby given that ISL Vari­ (18 percent sales and 2 percent admin­ tions from any provision or provisions able Annuity Fund A (Variable Fund istrative) on the-flrst $1,000 of purchase of the Act, if and to the extent that such A ), ISL Variable Annuity Fund B (Vari­ payments; and 4 percent (2 percent sales exemption is necessary or appropriate able Fund B ), and Investors Syndicate and 2 percent administrative) on all in the public interest and consistent with Life Insurance and Annuity Co. (In­ purchase payments in excess of $1,000. the protection of investors and the pur­ vestors Life), Eighth Street and M ar­ Applicants state that if these charges poses fairly intended by the policy and quette Avenue, Minneapolis, M I (herein are restructured in subsequent contract collectively referred to as Applicants), revisions, the administrative charge shall provisions of the Act. have filed an application pursuant to not be a greater percentage of the total Notice is further given that any inter­ section 11 and section 6(c) of the Invest­ loading than it is at present without ested person may, not later than Decem­ ment Company Act of 1940 (Act) for an such further approval of the Commission ber 24, 1970, at 5:30 p.m., submit to the order of the Commission permitting the as the Commission may deem appropri­ Commission in writing a request for a offer of exchange described below and ate or necessary. hearing on the matter accompanied by exempting Applicants from section 22(d) Applicants also state that the charges a statement as to the nature of his in­ of the Act. All interested persons are for administrative expenses include but terest, the reason for such request and referred to the application on file with are not limited to: Payment of expenses the issues, if any, of fact or law pro­ the Commission for a statement of the for salaries; rent; postage; telephone; posed to be controverted, or he may re­ representations made therein which are travel; legal, actuarial, registration and quest he be notified if the Commission summarized below. accounting fees; office equipment and should order a hearing thereon. Any such Variable Fund A and Variable Fund B stationery; fees and expenses of audits of communication should be addressed: were established on May 10, 1968, and the accounts; and fees and expenses of Secretary, Securities and Exchange Com­ June 10, 1968, respectively, as separate the Boards of Managers. Applicants mission, Washington, D.C. 20549. A copy accounts under Minnesota law for the state that the administrative charges are of such request shall be served person­ purpose of maintaining assets accruing estimated to defray the above costs only ally or by mail (airmail if the person from the sale of individual variable an­ and are not expected to exceed the ad­ being served is located more than 50U nuity contracts by Investors Life, and are ministrative expenses in administering miles from the point of mailing) upon registered under the Act as open-end, the contracts. Applicant at the address stated above. Proof of such service (by affidavit or m diversified management investment com­ Applicants state that since the ad­ case of an attorney at law by certifi­ panies. Investors Life, which is the prin­ ministrative expenses of operating Vari­ cipal underwriter of the variable annuity cate) shall be filed contemporaneously able Fund A and Variable Fund B are with the request. At any time later tna contracts, is a wholly owned subsidiary charged to the individual shareholders of Investors Diversified Services, Inc. (In ­ said date as provided by Rule 0-5 of tfi rather than against the pool of assets rules and regulations promulgated unhe vestors). Investors is the principal un­ in the separate accounts, it would be un­ derwriter for six open-end diversified the Act, an order disposing of the appi * fair to other cash purchasers to allow 1» ^ T fVlA Com- management investment companies: IDS the shareholders of the six funds for Progressive Fund, Inc.; Investors Mutual which Investors serves as underwriter to mission upon the basis of the inform a- ^ Inc.; Investors Selective Fund, Inc.; In­ exchange their shares for variable an­ tion stated in said application, unless

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 NOTICES 18765

an order for hearing upon said applica­ by GPU, by funds generated internally tered holding company, the Connecticut tion shall be issued upon request or upon and by short-term bank loans. Light and Power Co. (C L& P), Post Office the Commission’s own motion. Persons Fees and expenses relating to the Box 2010, Hartford, CT 06101, an electric who request a hearing or advice as to proposed transaction are estimated at utility subsidiary company of Northeast whether a hearing is ordered will receive $80,000, including legal fees of $25,000 and an exempt holding' company, have notice of further developments in this and accountant’s fees of $6,600. A state­ filed with this Commission certain post­ matter, including the date of the hearing ment of the fee of counsel for the un­ effective amendments to their amended (if ordered) and any postponements derwriters, to be paid by the successful joint application-declaration in this mat­ thereof. bidders, will be supplied by amendment. ter pursuant to the provisions of the For the Commission, by the Division It is stated that the Pennsylvania Public Utility Holding Company Act of of Corporate Regulation, pursuant to Public Utility Commission has jurisdic­ 1935 (Act), designating sections 6, 7, 9, delegated authority. tion over the proposed issue and sale of 10, 12 (b), (c), and (f), and 13(b) of the debentures by Penelec. It is further stated Act and Rules 42(b) (2), 45(b) (1), 50(a) [ seal] O rval L. D u B o is , that no other State commission and no (3), 86, 87 and 88 promulgated there­ Secretary. Federal commission, other than this under, as applicable to the proposed [F.R. Doc. 70-16593; Filed, Dec. 9, 1970; Commission, has jurisdiction over the transactions. A ir interested persons are 8:47 a.m.] proposed transaction. referred to the said post-effective amend­ Notice is further given that any in­ ments, which are summarized below, for [70-4953] terested person may, not later than De­ a complete statement of the proposed cember 29, 1970, request in writing that transactions. PENNSYLVANIA ELECTRIC CO. a hearing be held on such matter, stat­ Rocky River was authorized by the Notice of Proposed Issue and Sale ing the nature of his interest, the reasons Commission’s order dated October 24, for such request, and the issues of fact 1967 (Holding Company Act Release No. D ecem ber 3,1970. or law raised by said application which If884) to engage in the business of ac­ Notice is hereby given that Penn­ he desires to controvert; or he may re­ quiring, maintaining, and disposing of sylvania Electric Co. (Penelec), 1001 quest that he be notified if the Commis­ real property in connection with the Broad Street, Johnstown, PA 15907, an sion should order a hearing thereon. Any utility and related operations of associate electric utility subsidiary company of such request should be addressed: Secre­ companies in the Northeast holding- General Public Utilities Corp. (G P U ), tary, Securities and Exchange Commis­ company system. To provide the working a registered holding company, has filed sion, Washington, D.Cr-20549. A copy of capital required primarily to finance the an ppplication with this Commission, such request should be served personally acquisition from time to time of land pursuant to the Public Utility Holding or by mail (airmail if the person being and land rights for electric generating Company Act of 1935 (A ct), designating served is located more than 500 miles and transmission sites, Rocky River was section 6(b) of the Act and Rule 50 from the point of mailing) upon the authorized by the terms of the 1967 order promulgated thereunder as applicable applicant at the above-stated address, to issue and sell to Northeast, and North­ to the proposed transaction. All inter­ and proof of service (by affidavit or, in east was authorized to acquire, up to a ested persons are referred to the ap­ case of an attorney at law, by certificate) maximum principal amount of $1,500,000 plication, which is- summarized below, should be filed with the request. At any to be at any one time outstanding, of its for a complete statement of the proposed time after said date, the application, as 40-year unsecured notes bearing interest transaction. filed or as it may be amended, may be at a rate one-fourth of 1 percent above Penelec proposes to issue and sell, sub­ granted as provided in Rule 23 of the the commercial bank prime rate for ject to the competitive bidding require­ general rules and regulations promul­ short-term loans in Hartford, Conn. As of ments of Rule 50, $30 million principal gated under the Act, or the Commission October 31,1970, the outstanding capital­ amount of debentures,______percent may grant exemption from such rules as, ization and surplus of Rocky River, in­ series due January 1, 1996. The interest provided in Rules 20(a) and 100 thereof cluding short-term debt, consisted of rate (which shall be a multiple of one- or take such other action as it may deem $114,693 stated value of capital stock and eighth of 1 percent) and the price, ex­ appropriate. Persons who request a hear­ surplus, $1,058,750 principal amount of clusive of accrued interest (which shall ing or advice as to whether a hearing is 40-year notes and $2,045,000 principal be not less than 100 percent nor more ordered will receive notice of further amount of 5-year notes, all of which are than 102.75 percent of the principal developments in this matter, including owned by Northeast, $5,326,278 principal amount thereof), will be determined by the date of the hearing (if ordered) and amount of noninterest bearing open ac­ the competitive bidding. The debentures any postponements thereof. count advances from CL&P and two as­ will be issued under an Indenture dated For the Commission, by the Division sociate electric utility companies, $2,067,- June 1, 1961, between Penelec and of Corporate Regulation, pursuant to 000 aggregate principal amount of first Chemical Bank, trustee, as heretofore delegated authority. mortgage bonds owned by institutional supplemented and as to be further sup­ investors, $12,915,000 principal amount plemented by a Supplemental Indenture [ s e a l ] O rval L. D tjB o is , of other long-term debt held principally to be dated January 1, 1971, and which Secretary. by commercial banks, and $635,000 prin­ includes, subject to certain exceptions, [F.R. Doc. 70-16594; Filed, Dec. 9, 1970; cipal amount of current maturities and a prohibition until January 1, 1976, 8:47 a.m.] sinking fund requirements on long-term against refunding the issue with the debt. The open-account advances and proceeds of funds borrowed at a lower [70—4537] the notes payable to Northeast are sub­ interest cost. ordinated as to principal and interest to , proceeds from the sale of the ROCKY RIVER REALTY CO. ET AL. all debt securities heretofore issued and sold, or which may hereafter be issued debentures will be applied to the pay­ Notice of Post-Effective Amendment ment of its short-term bank loans out­ and sold, by Rocky River to nonaffiliated standing at the time of the sale of the Filed by Nonutility Subsidiary of persons, and the notes are additionally debentures. Such bank notes are ex­ Registered Holding Company Re­ subordinated to the advances from the pected to aggregate $37,200,000 at that questing Authority To Issue and Sell associate operating companies. nffv! premium realized from the sale Additional Subordinated Notes to The applicants-declarants state that • Jr® debentures will be used for financ- Parent Holding Company it is desired to extend Rocky River's real S the business of Penelec, including the estate functions, particularly for ac­ ThlmieS, of expenses of this financing. D ece m b e r 3, 1970. quisitions of land and land rights to ac­ i x construction program is esti­ Notice is hereby given that the Rocky commodate future expansion of generat­ mated to. cost $86,600,000, part of which River Realty Co (Rocky River), a non­ ing and transmission capacity. For this Pe financed by the sale of further utility subsidiary company of Northeast reason, applicants-declarants request hv o»*iSiUrities and/or preferred stock, Utilities (Northeast), 174 Brush Hill Ave­ that the authorization under the order y aacutional cash capital contributions nue, West Springfield, M A 01089, a regis­ of October 24, 1967, be increased from

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18766 NOTICES

$1,500,000 to a maximum principal the provisions of the Small Business In­ [Delegation of Authority No. 30-C (Region amount of $10 million to be at any one vestment Act of 1958, as amended (15 X ), Arndt. 2] time outstanding. The additional 40-yc .r U.S.C. 661 et seq.) (Act), has been filed REGIONAL DIVISION CHIEFS, ET AL. subordinated notes will carry the same by Amoco Venture Capital Co. (appli­ terms and provisions as the notes hereto­ cant) , with the Small Business Adminis­ Delegation of Authority To Conduct fore authorized. tration (SBA) pursuant to § 107.102 of Program Activities in Region X The applicants-declarants estimate the SBA Regulations governing small that the ^additional expenses incurred, business investment companies (13 CFR Pursuant to the authority delegated to or to be incurred, in connection with the Part 107.33 F.R. 326). the Regional Director by Delegation of transactions proposed in the said post­ The officers and directors of the Authority No. 30-C, 35 F.R. 2840, the re­ effective amendments will total $350. It applicant are as follows: delegated authority published in 35 F.R. is further stated that no State commis­ 4574, as amended (35 F.R. 13809) is Frank Cushing Smith, 910 South Michigan hereby amended as follows: sion and no Federal commission, other Avenue, Chicago, IL 60605, Chairman of than this Commission, has jurisdiction the Board and Director. 1. Delete Items IV, V, and VI in their over the proposed transactions. Jack Crane Shay, 910 South Michigan Ave­ entirety and substitute the following therefore: Notice is further given that interested nue, Chicago, IL 60605, President and Director. IV. Branch Manager and Staff—Fair­ person may, not later than December 17, Robert Hugo Anderson, 910 South Michigan banks, Alaska: 1970, request in writing that a hearing Avenue, Chicago, IL 60605, Vice President, A. Branch Manager. 1. To approve or be held in respect of such matters, stating General Manager, and Director. decline business loans not exceeding the nature of his interest, the reasons for Jeremiah Stephen Shannon, 910 South Mich­ $350,000 (SBA share) and economic op­ such request, and the issues of fact or igan Avenue, Chicago, IL 60605, Secretary, Assistant Treasurer, and Director. portunity loans not exceeding $25,000 law raised by said amended application- (SBA share). declaration which he desires to contro­ John Joseph Murray, 910 South Michigan 2. a. To approve or decline disaster vert or he may request that he be notified Avenue, Chicago, IL 60605, Treasurer, Assistant Secretary, and Director. direct and immediate participation loans should the Commission order a hearing up to the total SBA share of (1) $50,000 thereon. Any such request should be ad­ The applicant, a Delaware corpora­ per household for repairs or replacement dressed: Secretary, Securities and Ex­ tion with its principal place of business of the home and/or not to exceed an ad­ located at 910 South Michigan Avenue, change Commission, Washington, D.G. ditional $10,000 allowable for household Chicago, IL 60605, will begin operations 20549. A copy of such request should be goods and personal items, but in no event served personally or by mail (airmail if with $150,000 of paid-in capital, con­ may the money loaned for physical loss the person being served is located more sisting of 150 shares of common stock. or damage exceed $55,000 for a single than 500 miles from the point of mailing) The issued and outstanding stock will be disaster on home loans, except for funds upon the applicants-declarants at the owned 100 percent by the Standard Oil to refinance prior liens or mortgages, above-stated address, and proof of serv­ Co. (Indiana). which may be approved in addition to ice (by affidavit or, in case of an attorney Applicant may initially concentrate its the foregoing limits for amounts up to at law, by certificate) should be filed investments in the business of auto­ $50,000; and with the request. At any time after said motive service stations and related serv­ (2) $350,000 on disaster business loans date, the said application-declaration, as ices (diagnostics, car washer, etc.), but (excluding displaced business loans), ex­ filed and amended or as it may be further has reserved the right to invest in diver­ cept to the extent of refinancing of a amended, may be granted and permitted sified enterprises. According to the com­ previous SBA disaster loan; and to ap­ to become effective in the manner pany’s stated investment policy, it is prove disaster-guaranteed loans up to provided in Rule 23 of the general rules to be licensed solely for the purpose of $500,000 and to decline them in any and regulations promulgated under the providing assistance which will contrib­ amount. Act, or the Commission may grant excep­ ute to a well-balanced national econ­ b. To approve or decline displaced tion from such rule as provided in Rules omy by facilitating the acquisition or business loans up to $350,000 (SBA 20(a) and 100 thereof, or take such other maintenance of ownership of small busi­ action as it may deem appropriate. Per­ ness concerns by individuals whose par­ share). sons who request a hearing or advice as ticipation in the free enterprise system 3. To enter into business, economic to whether a hearing is ordered will re­ is hampered because of social or eco­ opportunity, disaster, and displaced busi­ ceive notice of further developments in nomic disadvantages. ness loan participation agreements with this matter, including the date of the Matters involved in SBA’s considera­ banks. hearing (if ordered) and any postpone­ tion of the applicant include the general 4. To execute loan authorizations for ments thereof. business reputation and character of the central, regional, and district-approved For the Commission, by the Division proposed owner and management, and loans and for loans approved under dele­ of Corporate Regulation, pursuant to the probability of successful operation gated authority, said execution to read delegated authority. of the applicant under their manage­ as follows: ment, including adequate profitability (Nam e), Administrator, [seal] O rval L. D uB ois, and financial soundness, in accordance B y ------Secretary. (Name) with the Small Business Investment Act Branch Manager. [F.R. Doc. 70-16595; Filed, Dec. 9, 1970; and the SBA Regulations. (City) 8:47 a.m.] Any interested person may, not later 5. To cancel, reinstate, modify, and than 10 days from the date of publication amend authorizations for business, eco­ of this notice, submit to SBA, in writing, nomic opportunity, disaster, and dis­ relevant comments on the proposed SMALL BUSINESS MESBIC. Any such communication placed business loans. should be addressed to the Associate Ad­ 6. T o extend the disbursem ent period ADMINISTRATION ministrator for Investment, Small Busi­ on all loan authorizations or undisbursed ortions of loans. [License No. 07/07-5083] ness Administration, 1441 L Street NW., Washington, DC 20416. 7. To approve service charges by par- AMOCO VENTURE CAPITAL CO. A copy of this notice shall be published .cipating banks not to exceed 2 percent er annum on the outstanding principal Notice of Application for a License as in a newspaper of general circulation in Chicago, 111. alance of construction loans and loans a Minority Enterprise Small Business Investment Company A. H. Singer, tory financing. Associate Administrator **8. To establish disaster field offices An application for a license to operate for Investment. upon receipt of advice of the designano as a minority enterprise small business [F.R. Doc. 70-16600; Filed, Dee. 9, 1970; of a disaster area; to advise on the mak­ investment company (M ESBIC) under 8:48 a.m .] ing of disaster loans; to appoint as a

FEDERAL REGISTER, V O L 35, NO. 239— -THURSDAY, DECEMBER 10, 1970 NOTICES 18767 processing representative any bank in 15. In connection with the establish­ Small Business Administration under the disaster area; and to close disaster ment of disaster loan offices, to obligate the terms of a participation or guaranty field offices when no longer advisable to Small Business Administration to reim­ agreement, or the assertion of a claim for maintain such offices. burse General Services Administration recovery from a participating bank under 9. No authority is hereby delegated to for the rental of office space. any alleged violation of a participation declare the nonapplicability of eligibility 16. To rent motor vehicles from the or guaranty agreement; (3) to authorize limitations to a community emergency General Services Administration and to the liquidation of a loan and (4) the as set forth in § 120.2(e) of SBA Loan rent garage space for the storage of such cancellation of authority to liquidate. Policy Regulations. vehicles when not furnished by this 23. To take all necessary action in 10. To take all necessary actions in Administration. liquidating Economic Development Ad­ connection with the administration, 17. To determine eligibility of appli­ ministration (ED A) loans having litiga- servicing, and collection of all loans, cants for assistance under any program tive aspects, when and as authorized by other than those accounts classified as of the Agency, except the SBIC and Com­ EDA. “in liquidation”, and to do and perform munity Economic Development Pro­ B. Supervisory Loan Officer (Financ­ and to absent to the doing and perform­ grams, in accordance with Small Busi­ ing Division), if assigned. 1. To enter ance of, all and every act and thing ness Administration standards and into business, economic opportunity, dis­ requisite and proper to effectuate the policies. aster, and displaced business loan par­ granted powers, including without limit­ 18. To make initial size determinations ticipation agreements with banks. ing the generality of the foregoing. in all cases within the meaning of the 2. To execute loan authorizations for a. The assignment, endorsement, Small Business Size Standards Regula­ Central Office, regional, and district ap­ transfer and delivery (but in all cases tions, as amended, except sections. 501 proved loans, said execution to read as without representation, recourse, or war­ and 502 loans, and further, to make prod­ follows : ranty) of notes, claims, bonds, deben­ uct classification decisions for financing (Name), Administrator, tures, mortgages, deeds of trust, con­ purposes only. Product classification de­ By ------cisions for procurement purposes are (Nam e) tracts patents and applications therefor, Title of person signing. licenses, certificates of stock and of de­ made by contracting officers. 3. To cancel, reinstate, modify, and posit, and any other liens, powers, rights, 19. To close and disburse approved amend authorizations for fully undis­ charges on and interest in or to property SBA loans and rehabilitation loans for bursed business, economic opportunity, of any kind, legal and equitable, now or Department of Housing and Urban disaster, and displaced business loans. hereafter held by the Small Business Development. 4. To extend the disbursement period Administration or its Administrator. 20. To close approved EDA loans, as on all loan authorizations on fully un­ b. The execution and delivery of con­ authorized. disbursed loans. tracts of sale or of lease or sublease, 21. To approve, when requested, in ad­ 5. To approve service charges by par­ quitclaim, bargain and sale of special vance of disbursement, conformed copies ticipating banks not to exceed 2 percent warranty deeds, bills of sale, leases, sub­ of notes and other closing documents, per,annum on the outstanding balance leases, assignments, subordinations, re­ and certify to the participating bank on construction loans and loans involving leases (in whole or part) of liens, satis­ that such documents are in compliance accounts receivable and inventory faction pieces, affidavits, and such other with the participation authorization. financing. instruments in writing as may be appro­ 22. To conduct all litigation activities, C. Loan Officer (Loan Administration priate and necessary to effectuate the including SBIC matters, as assigned, and Division). 1. To approve the following foregoing. to take all actions necessary in connec­ actions concerning all direct and par­ c. The approval of bank applications tion with litigated matters; and to do ticipation loans: for use of liquidity privilege under the and perform and to assent to the doing a. Use of such portions of the cash loan guaranty plan. and performance of, all and every act surrender value of assigned life in­ d. Except: (1) To compromise or sell and thing requisite and proper to effectu­ surance as are required to pay premiums any primary obligation or other evidence ate the granted powers, including with­ due on the policy. of indebtedness owed to the Agency for out limiting the generality of the b. Release of dividends on assigned life a sum less than the total amount due foregoing. insurance or consent to application of thereon; (2) to deny liability of the a. The assignment, endorsement, Small Business Administration under dividends against premiums due or to transfer and delivery (but in all cases become due. the terms of a participation or guaranty without representation, recourse, or war­ agreement, or the assertion of a claim c. Minor modifications in the au­ ranty) of notes, claims, bonds, deben­ thorization. for recovery from a participating bank tures, mortgages, deeds of trust, con­ under any alleged violation of a par­ d. Extension of disbursement periods. tracts, patents and applications therefor, e. Extension of initial principal pay­ ticipation or guaranty agreement; (3) licenses, certificates of stock and of de­ to classify an account in liquidation ments. posit, and any other liens, powers, rights, f. Adjustment of interest payment or to remove the “in liquidation” charges on and interest in or to property classification. dates. of any kind, legal and equitable, now or g. Release of hazard insurance checks 11. To service claims arising under all hereafter held by the Small Business Ad­ lease insurance policies issued in the dis­ not in excess of $500 and endorsement ministration or its Administrator, as to of such checks on behalf of the Agency trict approving the payment, or recom­ all litigated matters. mending denial of such claims. where SBA is named as joint loss payee. b. The execution and delivery of con­ h. Release of equipment with or with­ 12. To take all actions necessary to tracts of sale or of the lease or sublease, out consideration where the value of mitigate losses from lease guarantees. quitclaim, bargain and sale of special equipment being released does not ex­ 13. To purchase reproductions of loan warranty deeds, bills of sale, leases, sub­ ceed $500. documents, chargeable to the revolving leases, assignments, subordinations, re­ D. Branch Counsel. 1. To close and fund, requested by U.S. attorneys in leases (in whole or part) of liens, satis­ disburse approved SBA loans and foreclosure cases. faction pieces, affidavits, proofs of claim rehabilitation loans for Department of 14. To (a) purchase office supplies and in bankruptcy or other estates, and such Housing and Urban Development. equipment including office machines and other instruments in writing as may be 2. To close approved EDA loans, as rent regular office equipment and fur­ appropriate and necessary to effectuate authorized. nishings; (b) contract for repair and the foregoing, as to all litigated matters. 3. To approve, when requested, in ad­ maintenance of equipment anc. furnish- c. Except: (1) To compromise or sell vance of disbursement, conformed copies in « c°fftract for services required any primary obligation or other evidence of notes and other closing documents; Sera«1 ?* Hp and dismantling and mov- of indebtedness owed to the Agency for a and certify to the participating bank “ A exhibits and; (d) issue Govern­ sum less than the total amount due that such documents are in compliance ment bills of lading. thereon; and (2) to deny liability of the with the participation authorization.

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18768 NOTICES

4. To conduct all litigation activities, Tariff Commission has instituted an in­ respect to whether articles like or directly including SBIC matters, as assigned, and vestigation under section 201(a) of the competitive with the plastic or rubber- to take all actions necessary in connec­ Antidumping Act, 1921, as amended (19 soled footwear with fabric uppers pro­ tion with litigated matters; and to do and U.S.C. 160(a)), to determine whether duced at this plant are, as a result hi perform and to assent to the doing and an industry in the United States is being major part of concessions granted under performance of, all and every act and or is likely to be injured, or is prevented trade agreements, being imported into thing requisite and proper to effectuate from being established, by reason of the the United States in such increased the granted powers, including without importation of such merchandise into the quantities as to cause unemployment or limiting the generality of the foregoing. United States. underemployment of a significant num­ a. The assignment, endorsement, Hearing. A public hearing in connec­ ber or proportion of the workers of said transfer and delivery (but in all cases tion with the investigation will be held in plant. The President subsequently de­ without representation, recourse or war­ the Tariff Commission’s Hearing Room, cided, under the authority of section ranty) of notes, claims, bonds, deben­ Tariff Commission Building, Eight and 330(d) (1) of the Tariff Act of 1930, as tures, mortgages, deeds of trust, con­ E Streets N W „ Washington, DC, begin­ amended, to consider the finding of those tracts, patents and applications therefor, ning at 10 a.m., e.s.t., on January 26,1971. Commissioners who found injury as the licenses, certificates of stock and of All parties will be given opportunity to finding of the Commission. deposit, and any other liens, powers, be present, to produce evidence, and to Upon receipt of the President’s au­ rights, charges on and interest in or to be heard at such hearing. Interested thorization, the Department, through the property of any kind, legal and equitable, parties desiring to appear at the public Director of the Office of Foreign Eco­ now or hereafter held by the Small Busi­ Hearing should notify the Secretary of nomic Policy, Bureau of International ness Administration or its Administrator the Tariff Commission, in writing, at its Labor Affairs, instituted investigations as to all litigated matters. offices in Washington, D.C., at least 5 following which a recommendation was b. The execution and delivery of con­ days in advance of the date set for the made to me relating to the matter of cer­ tracts of sale or of lease or sublease, hearing. tification (Notice of Delegation of Au­ quitclaim, bargain and sale of special thority and Notice of Investigation, 34 Issued: December 7, 1970. warranty deeds, bills of sale, leases, sub­ F.R. 18342; 35 F.R. 16068; 29 CFR Part leases, assignments, subordinations, re­ By order of the Commission. 90). After due consideration, I make the leases (in whole or part) of liens, satis­ following certification: [ seal] K enneth R. M ason, faction pieces, affidavits, proofs of claim Secretary. Those salaried, production and mainte­ in bankruptcy or other estates, and such nance workers of the Uniroyal, Inc., plant [F.R. Doc. 70-16657; Filed, Dec. 9, 1970; other instruments in writing as may be at Mishawaka, Ind., who became or will 8:52 a.m.] appropriate and necessary to effectuate become unemployed or underemployed after the foregoing, as to all litigated matters. April 21, 1968, because of the phase-out of c. Except: (1) To compromise or sell production of canvas-rubber footwear at that any primary obligation or other evidence plant, are eligible to apply for adjustment of indebtedness owed to the Agency for DEPARTMENT OF LABOR assistance under title III, chapter 3, of the a sum less than the total amount due Trade Expansion Act of 1962. thereon; and (2) to deny liability of the Office of the Secretary Signed at Washington, D.C., this 2d Small Business Administration under the day of December 1970. terms of a participation or guaranty UNIROYAL, INC. G eorge H. H ildebrand, agreement, or the assertion of a claim Deputy Under Secretary for recovery from a participating bank Notice of Certification of Eligibility of for International Affairs. under any alleged violation of a partici­ Workers To Apply for Adjustment pation or guaranty agreement; (3) to Assistance Under the Trade Expan­ [F.R. Doc. 70-16588; Filed, Dec. 9, 1970; authorize the liquidation of loans; (4) sion Act of 1962 8:47 a.m.] the cancellation of authority to liquidate. 5. To take all necessary action in liqui­ Under date of July 24, 1970, the U.S. dating Economic Development Adminis­ Tariff Commission made a report to the SERVUS RUBBER CO. President of the results of an investiga­ tration (EDA) loans having litigative as­ Notice of Certification of Eligibility of pects when and as authorized by EDA. tion (TEA—W-23 and TEA-W -24) under V. The specific authority delegated section 301(c)(2) of the Trade Expan­ Workers To Apply for Adjustment herein, indicated by double asterisk (* *) sion Act of 1962 (76 Stat. 884) in re­ Assistance Under the Trade Expan­ cannot be redelegated. sponse to a petition for determination of eligibility to apply for adjustment assist­ sion Act of 1962 VI. The authority delegated herein to ance submitted on behalf of the produc­ Under date of July 24, 1970, the U.S. a specific position may be exercised by an tion and maintenance workers of the Tariff Commission made a report to the SBA employee designated as acting in Footwear Division, Uniroyal, Inc., plant President of the results on investigation that position. at Mishawaka, Ind., and a similar peti­ (TEA-W -26) under section 301 (c) (2) Effective date: September 1, 1970. tion filed on behalf of all executives, of the Trade Expansion Act of 1962 (76 general foremen, superintendents, fore­ Stat. 884) in response to a petition for F orbes M. B ruce, men, nonworking supervisors, quality determination of eligibility to apply for Regional Director. inspectors, office clericals, key punch adjustment assistance submitted on be­ [F.U. Doc. 70-16596; Filed, Dec. 9, 1970; operators and all other salaried personnel half of production and maintenance 8:47 a.m.] formerly employed at the plant. workers of the Rock Island, 111., plant oi In this report, the Commission found Servus Rubber Co. unanimously that articles like or directly In this report, the Commission found competitive with the protective footwear unanimously that articles like or directly TARIFF COMMISSION of rubber or plastics produced by this competitive with the protective footw®a. [AA1921—66] plant are not as a result in major part of rubber or plastics produced by tms TELEVISION SETS FROM JAPAN of concessions granted under trade plant are not as a result in major par agreements, being imported into the of concessions granted under trad Notice of Investigation and Hearing United States in such increased quan­ agreements, being imported into tities as to cause unemployment or un­ United States in such increased q u an ti­ Having received advice from the Treas­ deremployment of a significant number ties as to cause unemployment or under­ ury Department on December 4, 1970, or proportion of the workers of said employment of a significant number ^ that television receiving sets, mono­ plant. proportion of the workers of said pia chrome and color, from Japan are being, The Commission, however, being The Commission, however, being and are likely to be, sold in the United equally divided, made no finding w States at less than fair value, the U.S. equally divided, made no finding with

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 NOTICES 18769 respect to whether articles like or di­ soled footwear with fabric uppers statement of Protestant’s interest in the rectly competitive with the plastic or produced at this plant are, as a result in proceeding (including a copy of the spe­ rubber-soled footwear with fabric uppers major part of concessions granted under cific portions of its authority which produced at this plant are, as a result trade agreements, being imported into Protestant believes to be in conflict with in major part of concessions granted the United States in such increased that sought in the application, and de­ under trade agreements, being imported quantities as to cause unemployment or scribing in detail the method—whether into the United States in such increased underemployment of a significant num­ by joinder, interline, or other means— quantities as to cause unemployment or ber or proportion of the workers of said by which protestant would use such au­ underemployment of a significant num­ plant. The President subsequently thority to provide all or part of the ber or proportion of the workers of said decided under the authority of section service proposed), and shall specify with plant. The President subsequently de­ 330(d) (1) of the Tariff Act of 1930, as particularity the facts, matters, and cided, under the authority of section amended, to consider the finding of those things relied upon, but shall not include 330(d) (1) of the Tariff Act of 1930, as Commissioners who found injury as the issues or allegations phrased generally. amended, to consider the finding of those finding of the Commission. Protests not in reasonable compliance Commissioners who found injury as the Upon receipt of the President’s au­ with the requirements of the rules may finding of the Commission. thorization, the Department, through the be rejected. The original and one copy Upon receipt of the President’s au­ Director of the Office of Foreign Eco­ of the protest shall be filed with the thorization, the Department, through nomic Policy, Bureau of International Commission, and a copy shall be served the Director of the Office of Foreign Labor Affairs, instituted an investigation concurrently upon applicant’s represent­ Economic Policy, Bureau of International following which a recommendation was ative, or applicant if no representative Labor Affairs, instituted an investiga­ made to me relating to the matter of is named. If the protest includes a re­ tion following which a recommendation certification (Notice of Delegation of quest for oral hearing, such requests was made to me relating to the matter Authority and Notice of Investigation, 34 shall meet the requirements of § 1.247 of certification (Notice of Delegation of F.R. 18342; 35 F.R. 16068; 29 CFR Part (d) (4) of the special rules, and shall Authority and Notice of Investigation, 90). After due consideration, I make the include the certification required therein. 34 F.R. 18342; 35 F.R. 16068; 29 CFR following certification: Section 247(f) of the Commission’s Part 90). After due consideration, I All workers of the B. F. Goodrich Footwear rules of practice further provides that make the following certification: Co. plant at Watertown, Massachusetts who each applicant shall, if protests to its All workers of the canvas footwear division became or will become unemployed or under­ application have been filed, and within of the Servus Rubber Co. plant at Rock Is­ employed after December 19, 1968, are eligible 60 days of the date of this publication, land, 111., who became unemployed or under­ to apply for adjustment assistance^ under notify the Commission in writing (1) employed after September 1, 1967, and be­ chapter 3, title III of the Trade Expansion that it is ready to proceed and prosecute fore December 1, 1968, are eligible to apply Act of 1962. the application, or (2) that it wishes to for adjustment assistance. Signed at Washington, D.C., this 2d withdraw the application, failure in Signed at Washington, D.C., this 2d day of December 1970. which the application will be dismissed day of December 1970. by the Commission. G eorge H . H ild e b r a n d , Further processing steps (whether G eorge H . H ild e b r a n d , Deputy Under Secretary modified procedure, oral hearing, or other Deputy Under Secretary for International Affairs. procedures) will be determined generally for International Affairs. [F.R. Doc. 70-16590; Filed, Dec. 9, 1970; in accordance with the Commission’s [P.R. Doc. 70-16689; Piled, Dec. 9, 1970; 8:47 a.m.] general policy statement concerning 8:47 a.m.] motor carrier licensing procedures, pub­ lished in the F ederal R e g ister issue of May 3, 1966. This assignment will be by WATERTOWN, MASS., PLANT, INTERSTATE COMMERCE Commission order which will be served B. F. GOODRICH FOOTWEAR CO. on each party of record. Notice of Certification of Eligibility of COMMISSION The publications hereinafter set forth Workers To Apply for Adjustment [Notice 112] reflect the scope of the applications as filed by applicants, and may include de­ Assistance Under the Trade Expan­ MOTOR CARRIER, BROKER, WATER scriptions, restrictions, or limitations sion Act of 1962 CARRIER AND FREIGHT FOR­ which are not in a form acceptable to Under date of July 24, 1970, the U.i WARDER APPLICATIONS the Commission. Authority which ul­ Tariff Commission made a report to tl timately may be granted as a result of D e c e m b e r 4,1970. President of the results of an investigi the applications here noticed will not tion (TEA-W-25) under section 301 (< The following applications are gov­ necessarily reflect the phraseology set erned by Special Rule 1100.2471 of the forth in the application as filed, but also n l the Trade ExPansion Act of 19( wo Stat. 884) in response to a petitio Commission’s general rules of practice will eliminate any restrictions which are or determination of eligibility to app] (49 CFR, as amended), published in the not acceptable to the Commission. w , a.,Justment assistance submitted o F ederal R egister issue of April 20, 1966, No. MC 673 (Sub-No. 4), filed Novem­ enalf of production and maintenanc effective May 20, 1966. These rules pro­ ber 10, 1970. Applicant: WILLIAMSON workers of the Watertown, Mass., plai vide, among other things, that a protest TRANSPORTATION, INC., 130 Lenox oi the B. F. Goodrich Footwear Co. to the granting of an application must Avenue, Box 2205, Glenbrook Station, be filed with the Commission within 30 J n . ^ s report, the Commission foun Stamford, CT 06906. Applicant’s repre­ days after date of notice of filing of the animously that articles like or direct! sentative: John P. Tynan, 69-20 Fresh application is published in the F ederal ompetitive with the protective footwes Pond Road, Ridgewood, N Y 11227. Au­ R eg ister . Failure seasonably to file a er or Pasties produced by th thority sought to operate as a common Plant are not as a result in major part c protest will be construed as a waiver of carrier, by motor vehicle, over regular opposition and participation in the pro­ mo»tSS1uns granted under trade agree routes, transporting: General commod­ ments, being imported into the Unite ceeding. A protest under these rules ities, except those of unusual value, should comply with § 247(d) (3) of the classes A and B explosives, household mne m such increased quantities as t< rules of practice which requires that it mo«* unemployment or underemploj goods as defined by the C ommission, set forth specifically the grounds upon tm« ^guiheant number or propoi commodities in bulk, those requiring which it is made, contain a detailed special equipment, and those injurious Th thC workers of said Plant. or contaminating to other lading, ( l ) 5^°Plmission, however, bein y divided, made no finding wit 1 Copies of Special Rule 247 (as amended) between New York, N.Y., and Deer Park, N.Y.; (a) from New York over New York espect to whether articles like or direct! can be obtained by writing to the Secretary, Interstate Commerce Commission, Washing­ Highway 495 to Junction County Road ompetitive with the plastic or rubbei ton, D.C. 20423. 35 (Deer Park Road), thence over Deer

No. 239- FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18770 NOTICES

Park Road to Deer Park; and (2) from New Jersey, New York, Ohio, Pennsyl­ deemed necessary, applicant requests it New York over New York Highway 24 to vania, Rhode Island, Vermont, Virginia, be held at Washington, D.C. Farmingdale, N.Y., thence over unnum­ West Virginia, and the District of Colum­ No. MC 29910 (Sub-No. 98), filed No­ bered highway through Wyandance to bia. N ote: Applicant states in the event vember 16,1970. Applicant: ARKANSAS- Deer Park, and return over the same authority is granted, applicant would BEST FREIGH T SYSTEM, INC., 301 route, serving no intermediate or off- have no objection to the conventional South 11th Street, Fort Smith, AR route points and with service at Deer provision indicating that to the extent 72901. Applicant’s representative: Park only at the terminal of Pinter Bros., the authority granted duplicates any Thomas Harper and Don A. Smith, Kel­ Inc., for the purpose of interchange existing authority, they shall be con­ ley Building, Post Office Box 43, Fort freight only. N ote: If a hearing is sidered as one grant not severable by sale Smith, AR 72901. Authority sought to deemed necessary, applicant requests it or otherwise. Common control may be operate as a common carrier, by motor be held at Huntington, Mineola, or New involved. Applicant states that the re­ vehicle, over irregular routes, transport­ York, N.Y., or Washington, D.C. quested authority cannot be tacked with ing : Panels, panels combined with insu­ No. MC 3468 (Sub-No. 159), filed No­ its existing authority. If a hearing is lation, and hardware and accessories vember 10, 1970. Applicant: F. J. BO U- deemed necessary, applicant requests it used in the installation or completion TELL DELIVERY CO., INC., 705 South be held at Washington, D.C. thereof, from Dallas, Tex., to points in Dort Highway, Flint, MI 48501. Appli­ No. MC 13806 (Sub-No. 37), filed Illinois, Indiana, Iowa, Kansas, Ken­ cant’s representative: Harry C. Ames, Jr., November 12, 1970. Applicant: VIR­ tucky, Missouri, New York, Ohio, Penn­ Suite 705, 666 11th Street NW., Wash­ GINIA HAULING COMPANY, a corpor­ sylvania, and Wisconsin, handling re­ ington, DC 20001. Authority sought to ation, Post Office Box 9525, Richmond, jected shipments of the above commod­ operate as a common carrier, by motor VA 23228. Applicant’s representative: ities on return. N ote: Applicant states vehicle, over irregular routes, transport­ Daniel B. Johnson, 716 Perpetual Build­ that the requested authority can be ing: Trucks, truck tractors, chassis, and ing, 1111 E Street NW., Washington, DC tacked with its existing authority but stationwagon type vehicles on truck 20004. Authority sought to operate as a indicates that it has no present intention chassis designed to transport passengers common carrier, by motor vehicle, over to tack and therefore does not identify and property with or without bodies or irregular routes, transporting: Wood the points or territories which can be parts thereof in Secondary truckaway fiberboard, wood fiberboard faced or served through tacking. Persons inter­ and driveaway service, (a) from Balti­ finished with decorative and/or protec­ ested in the tacking possibilities are cau­ more and Jessup, Md., to points in Vir­ tive material, and accessoHes and sup­ tioned that failure to oppose the applica­ ginia, and (b) from points in Bergen and plies used in the installation thereof tion may result in an unrestricted grant Hudson Counties, N.J., to points in Con­ (except commodities in bulk), from of authority. If a hearing is deemed nec­ necticut and Rhode Island, restricted to points in Hanover County, Va., to points essary, applicant requests it be held at traffic originating at the plantsites of in North Carolina, Virginia, West Vir­ Dallas or Houston, Tex. the International Harvester Co., which ginia, Maryland, Delaware, Pennsyl­ No. MC 30844 (Sub-No. 337), filed has had an immediate prior movement vania, New Jersey, New York, Connecti­ November 9, 1970. Applicant: KROBLIN via rail or motor carrier. N ote : Applicant cut, Rhode Island, Massachusetts, Ohio, REFRIGERATED XPRESS, INC., 2125 states that the requested authority can­ and the District of Columbia. N ote: Ap­ Commercial, Waterloo, IA 50704. Appli­ not be tacked with its existing authority. plicant states that the requested author­ cant’s representative: Truman A. Stock- If a hearing is deemed necessary, appli­ ity cannot be tacked with its existing ton, Jr., The 1650 Grant Street Building, cant requests it be held at Washington, authority. Applicant also states that no Denver, CO 80202. Authority sought to D.C. duplicating authority is held or being operate as a common carrier, by motor No. MC 5470 (Sub-No. 59), filed No­ sought. If a hearing is deemed necessary, vehicle, over irregular routes, transport­ vember 4, 1970. Applicant: TAJON, INC., applicant requests it be held at Rich­ ing: (1) Such articles as are dealt in by Rural Delivery No. 5, Post Office Box 146, mond, Va. retail and discount department stores, Mercer, PA 16137. Applicant’s represent­ No. MC 29886 (Sub-No. 267), filed No­ and materials and supplies used by candy ative: Donald Cross, Munsey Building, vember 19, 1970. Applicant: DALLAS & manufacturers, from New York City, 1329 E Street NW., Washington, DC MAVIS FORWARDING CO., INC., 4000 N.Y., and commercial zone, to points in 20004. Authority sought to operate as a West Sample Street, South Bend, IN Illinois (except Chicago and commercial common carrier, by motor vehicle, over 46621. Applicant’s representative: zone), Indiana, Iowa, Ohio, Wisconsin! irregular routes, transporting: Pig iron, Charles Pieroni (same address as appli­ Louisville, Ky., and Kalamazoo, Mich., from Buffalo, N.Y., to points in Pennsyl­ cant) . Authority sought to operate as a and (2) such articles as are dealt in by vania and New Jersey. N ote: Applicant common carrier, by motor vehicle, over retail and discount department stores, states that the requested authority can­ irregular routes, transporting: (1) Elec­ and materials and supplies used by candy not be tacked with its existing authority. trical transformers, circuit breakers, manufacturers, from warehouses and fa­ If a hearing is deemed necessary, appli­ switchgear, and controllers which be­ cilities used by Pre-Con Industries, Inc., cant requests it be held at Washington, cause of their size or weight require the located in New York City, N.Y., and com­ mercial zone, and points in Suffolk, and D.C., or Buffalo, N.Y. use of special equipment, and (2) elec­ Nassau Counties, N.Y., and Union, Mid­ No. MC 8535 (Sub-No. 34), filed trical transformers, circuit breakers, dlesex, and Bergen Counties, N.J., t° November 13,1970. Applicant: GEORGE switchgear, and controllers, which be­ points in Colorado, Illinois (except Chi­ cause of their size or weight do not re­ TRANSFER AND RIGGING COM­ cago and _ commercial zone), Indiana, quire the use of special equipment, in­ PANY, INCORPORATED, 2700 Broen- Iowa, Kansas, Michigan, Minnesota, ing, Highway, Baltimore, M D 21222. sulators, motors, lightning arresters, oil, Missouri, Nebraska, Ohio, Oklahom a, Applicant’s representative: John Guan- switches, and parts for each of the above Wisconsin, and Louisville, Ky. N ote. dolo, Macdonald & Mclnerny, 1000 16th items all when being transported in the Common control may be involved. APP* ■ Street NW., Washington, DC 20036. Au­ same vehicle, and as part of the same cant states that the requested authoriy shipment of those commodities named in thority sought to operate as a common cannot be tacked with its existing a ' carrier, by motor vehicle, over irregular (1) above, from Roanoke County, Va., to thority. If a hearing is deemed neces­ points in Maine, New Hampshire, Ver­ routes, transporting: Wood fibreboard, sary, applicant requests it be held mont, Massachusetts, Connecticut, wood fibreboard faced or finished with Washington, D.C., or New York City, decorative and/or protective materials, Rhode Island, New Jersey, New York, No. MC 31389 (Sub-No. 135), W©“ Pennsylvania, Ohio, Indiana, Michigan, and accessories and supplies used in the November 17, 1970. Applicant: McL&a" installation thereof (except commodi­ Kentucky, Illinois, Wisconsin, Minne­ TRUCKING COMPANY, a corporate , ties in bulk), from the plant and ware­ sota, Iowa, Missouri, Kansas, and Ne­ 617 Waughtown Street, P o s t ? * 0® „J. house sites of Evans Products Co., at or braska. N ote: Applicant states that the 213, Winston-Salem, NC 27102. APP near Doswell, Hanover County, Va., to cant’s representative: Francis W. points in the States of Connecticut, Dela­ requested authority cannot be tacked with its existing authority. Common Inemy, 1000 16th Street NW., ware, Indiana, Kentucky, Maine, Mary­ ington, DC 20036. Authority sought land, Massachusetts, New Hampshire, control may be involved. If a hearing is

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 NOTICES 18771

operate as a common carrier, by motor tana, Idaho, Washington, Oregon, as a common carrier, by motor vehicle, vehicle, over regular routes, transporting: Nevada, Utah, Arizona, and California. over regular routes, transporting: Gen­ General commodities (except those of N o t e : Applicant states that the requested eral commodities (except those of un­ unusual value), classes A and B explo­ authority cannot be tacked with its exist­ usual value, classes A and B explosives, sives, household goods as defined by the ing authority. If a hearing is deemed commodities in bulk, commodities requir­ Commission, commodities in bulk, and necessary, applicant requests it be held ing special equipment, livestock, com­ those commodities requiring special at Nashville, Tenn., or Washington, D.C. modities injurious or contaminating to equipment, serving the plantsite of Essex No. MC 40978 (Sub-No. 17), filed other lading and household goods as International, Inc., located on U.S. High­ November 12, 1970. Applicant: CHAIR defined by the Commission), between way 30 near Fort Wayne, Ind., as an CITY MOTOR EXPRESS COMPANY, a Liberal, Kans., and Kingman, Ariz., from intermediate or offroute point in con­ corporation, 3321 Highway 141, South, Liberal over U.S. Highway 54 to Santa nection with applicant’s existing regular- Sheboygan, W I 53081. Applicant repre­ Rosa, N. Mex., thence over Interstate route authorities. N o t e : Common con­ sentative: John L. Bruemmer, 121 West Highway 40 (also U.S. Highway 66) to trol may be involved. If a hearing is Doty Street, Madison, Wis. Authority Kingman, and return over the same deemed necessary, applicant requests it sought to operate as a common carrier, route, serving no intermediate points, as be held at Washington, D.C., or Indianap­ by motor vehicle, over irregular routes, an alternate route for operating con­ olis, Ind. transporting: New institutional, house­ venience only in connection with carrier’s No. MC 32882 (Sub-No. 56), filed hold and office furniturep fixtures and presently authorized regular-route op­ November5,1970. Applicant: MITCHELL eqiupment, from the Town of Sheboygan erations. N o t e : Common control may be BROS. TRUCK LINES, a corporation, Falls, Wis., to points in Michigan, Ohio, involved. If a hearing is deemed neces­ 3841 North Columbia Boulevard, Port­ Kentucky, and Missouri. N o t e : Applicant sary, applicant requests it be held at San land, OR 97217. Applicant’s representa­ states tacking would take place at She­ Francisco or Los Angeles, Calif. tives: Ellis Chartier (same address as boygan Falls, Wis., with lead certificate, No: MC 42487 (Sub-No. 768), filed applicant) and Norman E. Sutherland, and Sub 4, so as to perform service from November 16, 1970. Applicant: CON­ 1200 Jackson Tower, Portland, OR 97205. any point in Wisconsin to any point in SOLIDATED FREIGHTWAYS CORPO­ Authority sought to operate as a common Michigan, Ohio, Kentucky, and Missouri. RATION OF DELAWARE, 175 Linfield carrier, by motor vehicle, over irregular I f a hearing is deemed necessary, appli­ Drive, Menlo Park, CA 94025. Applicant’s routes, transporting: Forest products, cant requests it be held at Milwaukee, representatives: V. R. Oldenburg, Post lumber, particle board, chip board, hard Wis., Madison, Wis., or Chicago, 111. Office Box 5138, Chicago, IL 60680, and board, flake board, and press board, from No. MC 41915 (Sub-No. 34), filed E. T. Liipfert, Suite 1100, 1660 L Street points in California in and north of October 19, 1970. Applicant: MILLER’S NW., Washington, DC 20036. Authority Santa Cruz, Santa Clara, Stanislaus, MOTOR FREIGHT, INC., 1060 Zinn’s sought to operate as a common carrier, Tuloumme, and Alpine Counties, Calif., Quarry Road, York, PA 17404. Applicant’s by motor vehicle, over regular routes, to points in Nevada. N o t e : Applicant representative: S. Harrison Kahn, Suite transporting: General commodities, ex­ states that the requested authority can­ 733 Investment Building, Washington, cept those of unusual value, classes A not be tacked with its existing authority. DC 20005. Authority sought to operate as and B explosives, livestock, green hides, If a hearing is deemed necessary, appli­ a common carrier, by motor vehicle, over household goods as defined by the Com­ cant requests it be held at Yreka, or San irregular routes, transporting: Food­ mission, commodities in bulk, and those Francisco, Calif. stuffs, also advertising materials, dis­ requiring special equipment, between No. MC 35358 (Sub-No. 24), filed plays, dispensing equipment and pre­ Atlanta, Ga„ and Kansas City, Mo., from November 16, 1970. Applicant: BERGER miums moving in connection with food­ Atlanta over U.S. Highway 278 to junc­ TRANSFER & STORAGE, INC., 3720 stuffs, between that part of Pennsylvania tion U.S. Highway 231 (near Brooks- Macalster Drive NE„ Minneapolis, M N bounded by a line beginning at Lebanon, ville, Ala.), thence over U.S. Highway 55421. Applicant’s representative: Val Pa., and extending north along Penn­ 231 to junction Alabama Highway 67 M. Higgins, 1000 First National Bank sylvania Highway 343 to its intersection (near Summit, Ala.), thence over Ala­ Building, Minneapolis, M N 55402. Au­ with U.S. Highway 22, thence southwest­ bama Highway 67 to junction U.S. High­ thority sought to operate as a common erly along U.S. Highway 22 to'its inter­ way 31 (near Decatur, Ala.), thence over carrier, by motor vehicle, over irregular section with Pennsylvania Highway 39, U.S. Highway 31 to junction U.S. High­ routes, transporting: Crated and un­ thence southeasterly along Pennsylvania way Alternate 72 (at Decatur, Ala.), crated new furniture, store fixtures and Highway 39 to its intersection with U.S. thence over U.S. Highway Alternate 72 furnishings, from Albert Lea, Minn., to Highway 322, thence easterly along U.S. to junction U.S. Highway 72 (near Tus- points in the United States (except Highway 322 to its intersection with cumbia, A la.), thence over U.S. Highway Alaska and Hawaii). N o t e : Applicant Pennsylvania Highway 72, thence north­ 72 to junction Interstate Highway 240 states that the requested authority can erly along Pennsylvania Highway 72 to (near Memphis, Tenn.), thence over In­ be tacked with its Subs 4, 9, and 16, but Lebanon, Pa., including all points as the terstate Highway 240 to junction Inter­ indicates that it has no present intention described highways, on the one hand, state Highway 55 (at Memphis, Tenn.), to tack and therefore does not identify and, on the other, points in the Com­ thence over Interstate Highway 55 to the points or territories which can be monwealth of Virginia. N o t e : Applicant junction U.S. Highway 63 (near Gilmore, served through tacking. Persons inter­ states that the requested authority can Ark.), thence over U.S. Highway 63 to ested in the tacking possibilities are be tacked with its existing authority, but junction U.S. Highway 60 (near Willow cautioned that failure to oppose the ap­ indicates that it has no present intention Springs, M o .), thence over U.S. Highway plication may result in an unrestricted to tack and therefore does not identify 60 to junction U.S. Highway 66 (at grant of authority. Applicant further the points or territories which can be Springfield, M o .), thence over U.S. High­ states that no duplicating authority is served through tacking. Persons inter­ way 66 to junction U.S. Highway 71 (at being sought. If a hearing is deemed ested in the tacking possibilities are cau­ Carthage, M o.), thence over U.S. High­ necessary, applicant requests it be held tioned that failure to oppose the applica­ way 71 to Kansas City and return over at Minneapolis, Minn. tion may result in an unrestricted grant the same routes as an alternate route in No. MC 40915 (Sub-No. 41), filed of authority. Common control may be in­ connection with applicant’s presently November 16, 1970. Applicant: BOAT volved. If a hearing is deemed necessary, held regular route authority serving no TRANSIT, INC., Post Office Box 1403, applicant requests it be held at Wash­ intermediate points. N o t e : If a hearing Newport Beach, CA 92663. Applicant’s ington, D.C., or Harrisburg, Pa. is deemed necessary, applicant requests representative: Harvey Thompson (same No. MC 42487 (Sub-No. 767), filed No­ it be held at St. Louis, Mo. address as applicant). Authority sought vember 16, 1970. Applicant: CON­ No. MC 42537 (Sub-No. 45), filed to operate as a common carrier, by motor SOLIDATED FREIGHTWAYS COR­ November 18,1970. Applicant: CASSENS in .* ? ’ over ^ resular routes, transport- PORATION OF DELAWARE, 175 Lin- TRANSPORT COMPANY (a corpora­ g. New furniture and component parts, field Drive, Menlo Park, CA 94025. Ap­ tion, Post Office Box 468, Edwardsville, ^ or?,tlie plantsite of Samsonite Corp., plicant’s representative: Robert M. IL 62025. Applicant’s representative: Murfreesboro, Tenn., to points in Bowden, Post Office Box 3062, Portland, Donald W . Smith, 900 Circle Tower, Colorado, New Mexico, Wyoming, Mon­ OR 97208. Authority sought to operate Indianapolis, IN 46204. Authority sought

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18772 NOTICES to operate as a common carrier, by No. MC 75320 (Sub-No. 155) (Correc­ MOTOR FREIGHT, INC., 205 South motor vehicle, over irregular routes, tion), filed November 4, 1970, published 14th Street, Seward, NE 68434. Appli­ transporting: Automobiles, trucks, in the F ederal R egister issue of Novem­ cant’s representative: Earl H. Scudder, busses, and chassis, in initial movements, ber 26, 1970, and republished in part, as Jr., 605 South 14th Street, Post Office in truckaway service, from Belvidere, HI., corrected this issue. Applicant: CAM P­ Box 82028, Lincoln, NE 68501. Authority to points in Ohio, Pennsylvania, and BELL S IX T Y -S IX EXPRESS, INC., Post sought to operate as a common carrier, West Virginia. N o t e : Applicant states Office Box 807, Springfield, MO 65801. by motor vehicle, over regular and ir­ that the requested authority cannot be Applicant’s representative: P. E. Adams regular routes, transporting: Irregular tacked with its existing authority. If a (same address as applicant). N o t e : The routes: (1) Pole line transmission ma­ hearing is deemed necessary, applicant purpose of this partial republication is to terials, from plantsite and warehouse fa­ requests it be held at Chicago, HI. redescribe the restriction, a portion of cilities of Hughes Brothers, Inc., at or No. MC 47583 (Sub-No. 9), filed which was inadvertently omitted in the near Seward, Nebr., to points in Texas November 16, 1970. Applicant: ED previous republication. Restriction: west of the Colorado River, south of HOLESTINE TRUCK LINES, INC., 41 Routes (1) and (2) are restricted to the Interstate Highway 10, east of Interstate Lyons Street, Kansas City, KS 66118. transportation of traffic moving to, from, Highway 35, and north of the Rio Applicant’s representative: D. S. Hults, or through points of Anniston, Ala., or Grande. Regular routes: (2) General Post Office Box 225, Lawrence, KS 66044. its commercial zone; Birmingham, Ala., commodities (except those requiring Authority sought to operate as a common or its commercial zone; Atlanta, Ga., or special equipment), between Omaha, carrier, by motor vehicle, over irregular its commercial zone; Hattiesburg, Laurel, Nebr., and Grand Island, Nebr., over routes, transporting: Roofing materials, Meridian, McComb, Brookhaven, and U.S. Highway 6 to Lincoln, Nebr., thence insulating materials, and materials used Columbus, Miss., and points in each of over U.S. Highway 34 to junction U.S. in the installation and application of their commercial zones, The rest of the Highway 281, thence over U.S. Highway roofing and insulating materials, except application remains as previously 281 to Grand Island, Nebr., and return iron and steel articles, Portland cement published. over the same route, serving all inter­ and commodities in bulk, from the plant- No. MC 79540 (Sub-No. 5), filed No­ mediate points and the off-route points site of G AP Corp., Building Materials vember 20, 1970. Applicant: CRIM BLY of Bee, Tamora, and Phillips, Nebr. Re­ Division, Owens Corning Fiberglass TRUCKING SERVICE, INC., a corpo­ striction: No local service is to be per­ Corp., Certain-Teed Saint Gobain In ­ ration, Rural Delivery Route 119, Post formed between Omaha and Lincoln, sulation Corp., in the Kansas City, Office Box 397, Point Marion, PA 15474. Nebr., or points intermediate thereto; Kansas/Missouri commercial zone, to Applicant’s representative: Henry M. and (3) Irregular routes: (a) between points In Oklahoma and Nebraska. Wick, Jr., 2310 Grant Building, Pitts­ points within a 10 mile radius of Seward, N o t e : Applicant states that the re­ burgh, PA 15219. Authority sought to Nebr., an d . (b) between points within quested authority cannot be tacked with operate as a common carrier, by motor said 10-mile radius, on the one hand, its existing authority. If a hearing is vehicle, over irregular routes, transport­ and, on the other, points in Nebraska. deemed necessary, applicant requests it ing: Road materials, between points in N o t e : Applicant states that it holds be held at Kansas City, Mo. Spring Hill Township, Fayette County, duplicating authority under its Sub- No. 1. All such duplicating authority No. MC 56679 (Sub-No. 46), filed No­ Pa. on the one hand; and, on the other, shall be eliminated if and when the in­ vember 19, 1970. Applicant: BROWN points in Delaware, Maryland, Ohio, stant application is granted. Applicant TRANSPORT CORP., 125 Milton Avenue Pennsylvania, Virginia, West Virginia, states it intends to tack parts (2) and SE., Atlanta, G A 30315. Applicant’s rep*- and the District of Columbia. N o t e : Ap­ (3) above of the instant application in resentative: B. K. McClain (same address plicant has no present intention to tack. order to permit performance of a as applicant). Authority sought to oper­ Persons interested in the tacking pos­ through service where requested. If a ate as a common carrier, by motor vehi­ sibilities are cautioned that failure to hearing is deemed necessary, applicant cle, over irregular routes, transporting: oppose the application may result in an requests it be held at Omaha or Lincoln, Frozen foods, potatoes and potato prod­ unrestricted grant of authority. Appli­ Nebr. ucts, from points in Idaho, Oregon, and cant does not seek duplicating authority. No. MC 85718 (Sub-No. 3), filed No­ Washington, to points in Connecticut, If a hearing is deemed necessary, appli­ vember 13, 1970. Applicant: TRANSIT Hlinois, Indiana, Kansas, Kentucky, cant requests it be held at Washington, HOMES, INC., a corporation, Haywood Maryland, Massachusetts, Michigan, D.C. or Pittsburgh, Pa. Road, Post Office Box 1628, Greenville, Minnesota, Missouri, Nebraska, New No. MC 80913 (Sub-No. 8), filed No­ vember 10, 1970. Applicant: PINTER SC 29602. Applicant’s representatives: Jersey, New York, Oklahoma, Ohio, Mitchell King, Jr. (same address as Pennsylvania, Rhode Island, Virginia, BROS. INC., Carll’s Path and Lake Ave­ above) and Ames, Hill & Ames, 666 11th West Virginia, Wisconsin, and the Dis­ nue, Deer Park, NY 11729. Applicant’s Street, Washington, DC. Authority trict of Columbia. N o te : Applicant states representative: John P. Tynan, 69-20 Fresh Pond Road, Ridgewood, N Y 11227. sought to operate as a 'common carrier, that the requested authority cannot be by motor vehicle, over irregular routes, tacked with its existing authority. If a Authority sought to operate as a common carrier, by motor vehicle, over irregular transporting: Buildings, in sections, hearing is deemed necessary, applicant mounted on wheeled undercarriages, requests it be held at Portland, Oreg., or routes, transporting: General commod­ ities except those of unusual value, class from points of manufacture, from Fred­ Seattle, Wash. ericksburg, Va., to points in the United No. MC 61592 (Sub-No. 193), filed No­ A and B explosives, household goods as defined by the Commission, commodities States east of the Mississippi River, in­ vember 19, 1970. Applicant: JENKINS in bulk, those requiring special equip­ cluding Louisiana and Minnesota. N o te: TRUCK LINE, INC., 3708 Elm Street, ment and those injurious or contaminat­ Common control may be involved. Ap­ Bettendorf, IA 52722. Applicant’s repre­ ing to other lading, between New York, plicant states that the requested au­ sentative : Dopald Smith, 900 Circle N.Y., on the one hand, and, on the other, thority cannot be tacked with its exist­ Tower Building, Indianapolis, IN. Au­ the trucking terminal of Williamson ing authority. If a hearing is deemed thority sought to operate as a common Transportation, Inc., at Stamford, Conn., necessary, applicant requests it be held carrier, by motor vehicle, over irregular at Washington, D.C. routes, transporting: Frames and under­ for the purpose of interchanging freight traffic only. N o t e : Applicant states it No. MC 94876 (Sub-No.’ 7), fifed^No- carriages, from New Ulm, Minn., to points proposes joinder at New York, N Y ., to vember 2, 1970. Applicant: RICHARU in Iowa, Wisconsin, North Dakota, Min­ render a through service to and from the ACCERRA, INC., 43-09 Vernon Boule­ nesota, and South Dakota. N o t e : Com­ balance of its system. If a hearing is vard, Long Island City, N Y 11101. Appli­ mon control may be involved. Applicant deemed necessary, applicant requests it cant’s representative: J. Aiden Connors, states that the requested authority can­ be held at Huntington, N.Y., Mineola, 527 Lexington Avenue, New York, N* not be tacked with its existing authority. N.Y., New York, N.Y., and Washington, 10017. Authority sought to operate as If a hearing is deemed necessary, appli­ D.C. contract carrier, by motor vehicle, ov cant requests it be held at Minneapolis, No. MC 85718 (Sub. No. 3), filed No­ irregular routes, transporting: Bake^ products, between New York, N.Y., Minn. vember 12, 1970. Applicant: SEWARD

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 NOTICES 18773

the one hand, and, on the other, Albany, No. MC 98499 (Sub-No. 9), filed No­ its existing authority. If a hearing is N.Y., and Pittsfield, Mass., and stale vember 19, 1970. Applicant: W H ITE deemed necessary, applicant requests it bakery “products, on return, under con­ TR UCK LINE, INC., 2545 Jonesboro be held at Columbia, S.C. tract with Borden, Inc., Foods Division, Road SE., Atlanta, G A 30315. Appli­ No. MC 103993 (Sub-No. 580), filed Drake Bakeries. N o t e : If a hearing is cant’s representatives: Paul M. Daniell November 16,1970. Applicant: MORGAN deemed necessary, applicant requests it and Alan E. Serby, 1600 First Federal DRIVE-AWAY, INC., 2800 West Lexing­ be held at New York, N.Y. Building, Atlanta, GA 30303. Authority ton Avenue, Elkhart, IN 46514. Appli­ No. MC 95540 (Sub-No. 790), filed No­ sought to operate as a common carrier, cant’s representative: Paul D. Borghe­ vember 12, 1970. Applicant: W A TK IN S by motor vehicle, over regular routes, sani (same address as applicant). Au­ MOTOR LINES, INC., 1120 West Griffin transporting: General commodities (ex­ thority sought to operate as a common Road, Lakeland, FL 33801. Applicant’s cept class A and B explosives, household carrier, by motor vehicle, over irregular representative: Paul E. Weaver (same goods, articles of unusual value, com­ routes, transporting: Plywood, from address as applicant). Authority sought modities in bulk and those requiring points in San Bernardino County, Calif., to operate as a common carrier, by motor special equipment), (a) between Gaines­ to points in the United States (except vehicle, over irregular routes, transport­ ville, Ga., and Greenville, S.C., from Alaska and Hawaii). N o t e : Applicant ing: Meat, meat products, packinghouse Gainesville, over U.S. Highway 23 to states that the requested authority can­ products and articles distributed by meat junction U.S. Highway 123, thence over not be tacked with its existing authority. packinghouses, as set forth in sections A junction U.S. Highway 123 to Greenville, If a hearing is deemed necessary, appli­ and C, Descriptions in Motor Carrier S.C., and return over the same route, cant requests it be held at Los Angeles, Certificates, 61 M.C.C. 209 and 766 (ex­ serving all intermediate points in South Calif. cept hides and commodities in bulk), Carolina; (b) between junction U.S. No. MC 103993 (Sub-No. 581), filed from Dubuque, Iowa to points in Con­ Highway 129 and Interstate Highway 85 necticut, Delaware, Maine, Maryland, at or near Jefferson, Ga., and Greenville, November 16,1970. Applicant: MORGAN Massachusetts, New Hampshire, New S.C., from junction U.S. Highway 129 and DRIVE-AWAY, INC., 2800 West Lexing­ Jersey, New York, Ohio, Pennsylvania, Interstate Highway 85 at or near Jeffer­ ton Avenue, Elkhart. IN 46514. Appli­ Rhode Island, Vermont, Virginia, West son, Ga., over Interstate Highway 85 to cant’s representative: Paul D. Borghesani Virginia, and the District of Columbia. Greenville, S.C., and return over the same (same address as applicant). Authority sought to operate as a common carrier, N o t e : Applicant states that the re­ routes, serving all intermediate points; quested authority cannot be tacked with (c) serving all other points in Greenville, by motor vehicle, over irregular routes, its existing authority. If a hearing is Spartanburg, and Anderson Counties, transporting: Trailers, designed to be deemed necessary, applicant requests S.C., as off-route points in connection drawn by passenger automobiles, in ini­ that it be held at Chicago, 111., or Omaha, with the routes specified in (a) and (b) tial movements, and buildings and sec­ Nebr. above. N ote : If a hearing is deemed nec­ tions of buildings, from points in Tulare County, Calif., to points in the United No. MC 95540 (Sub-No. 791), filed No­ essary, applicant requests it be held at vember 12, 1970. Applicant: W ATK IN S Atlanta or Gainesville, Ga., or Green­ States (except Arizona, Idaho, Nevada, MOTOR LINES, INC., 1120 West Griffin ville, S.C. Oregon, Utah, Washington, Hawaii, and Road, Lakeland, FL 33801. Applicant’s No. MC 103993 (Sub-No. 578), filed Alaska). N o t e : Applicant states that the representative: Paul E. Weaver (same November 16,1970. Applicant: MORGAN requested authority cannot be tacked address as applicant). Authority sought DRIVE-AWAY, INC., 2800 West Lex­ with its existing authority. If a hearing to operate as a common carrier, by motor ington Avenue, Elkhart, IN 46514. is deemed necessary, applicant requests vehicle, over irregular routes, transport­ Applicant’s representative: Paul D. Bor- it be held at Fresno, Calif. ing: Dairy products, from (1) Elizabeth, ghesani (same address as applicant). No. MC 103993 (Sub-No. 582), filed N.J., to points in North Carolina, South Authority sought to operate as a common November 16,1970. Applicant: MORGAN Carolina, Georgia, and Florida, and (2) carrier, by motor vehicle, over irregular DRIVE-AWAY, INC., 2800 West Lexing­ from Hagerstown, Md., to points in routes, transporting: (1) Trailers de­ ton Avenue, Elkhart, IN 46514. Appli­ Georgia, North Carolina, and South signed to be drawn by passenger automo­ cant’s representative \ Paul D. Borghesani Carolina. N o t e : Applicant states that biles in initial movements, from Moore, (same address as applicant). Authority the requested authority cannot be tacked Montgomery, and Nash Counties (except sought to operate as a common carrier, with its existing authority. If a hearing from the plantsite of Outdoor Living by motor vehicle, over irregular routes, is deemed necessary, applicant requests Sales and Cobum Industries in Nash transporting: Frames and undercar­ it be held at Washington, D.C., or New County), N.C., to all points in the United riages, from points in Brown County, York, N.Y. States (except Alaska and H aw aii); and Minn., to points in the United States No. MC 95876 (Sub-No. 106), filed No­ (2) building and sections of buildings, (except Hawaii and Alaska). N o t e : Ap­ vember 19, 1970. Applicant: ANDERSON from Moore, Montgomery, Nash, Gaston, plicant states that the requested author­ TRUCKING SERVICE, INC., 203 Cooper Lincoln, and Granville Counties, N.C., to ity cannot be tacked with its existing Avenue N., St. Cloud, M N 56301. Appli- all points in the United States (except authority. If a hearing is deemed neces­ cant’s representative: Andrew R. Clark, Alaska and Hawaii). N o t e : Applicant sary, applicant requests it be held at 1000 First National Bank Building, Min­ states that the requested authority can­ Minneapolis, Minn. neapolis, MN 55402. Authority sought to not be tacked with its existing author­ No. MC 104654 (Sub-No. 145), filed operate as a common carrier, by motor ity. If a hearing is deemed necessary, November 17, 1970. Applicant: COM­ vehicle, over irregular routes, transport­ applicant requests it be held at Raleigh, MERCIAL TRANSPORT, INC., Post ing: Gypsum products, composition roof­ N.C. Office Box 469, Belleville, IL 62222. Ap­ ing products and materials; composition No. MC 103993 (Sub-No. 579), filed plicant’s representative: James E. W il­ oards; urethane and urethane prod­ November 16,1970. Applicant: MORGAN son, 1735 K Street NW., Washington, ucts; insulating materials; and related DRIVE-AWAY, 2800 West Lexington DC 20006. Authority sought to operate materials and accessories used in the in­ Avenue, Elkhart, IN 46514. Applicant’s as a common carrier, by motor vehicle, stallation of said products, from the representative: Paul D. Borghesani over irregular routes, transporting: P antsites and/or warehouse facilities of (same address as applicant). Authority Liquid fertilizer solution, in bulk, in tank »»e Udotex Corp., located in Chicago and sought to operate as a common carrier, vehicles, from Mt. Carmel, 111., to points to Points in Wisconsin by motor vehicle, over irregular routes, in Illinois, Indiana, Kentucky, and Ohio. ^ , Upper Peninsula of Michigan, transporting: Trailers, designed to be N o t e : Applicant states that the re­ rvwui Ap?licant states that tacking is drawn by passenger automobiles, in ini­ quested authority cannot be tacked with sible with its Sub 9, wherein it con- tial movements, and campers and camp its existing authority. If a hearing is T0perations in the States of Minne- coaches, from points in Lexington deemed necessary, applicant requests it Iowa> an

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18774 NOTICES

National Plaza, Tulsa, O K 74151. Appli­ ing : Wood and plastic and metal pallets, to points in New York. N o t e : Applicant cant’s representatives: Irvin Tull (same skids, wood packaging items, including intends to tack the authority sought address as applicant) and Leonard A. bins, boxes, containers, spacers, and herein with its existing authority under Jaskiewicz, 1730 M Street NW., Suite 501, bases, from points in Johnson County, MC 109094 and the various sub-numbers Washington, DC 20036. Authority sought Ind., to points in the United States (ex­ thereunder. Persons interested in the to operate as a common carrier, by motor cluding Hawaii and Alaska). N o t e : tacking possibilities are cautioned that vehicle, over irregular routes, transport­ Applicant states that the requested au­ failure to oppose the application may re­ ing: Bag houses and dust and pollution thority cannot be tacked with its exist­ sult in an unrestricted grant of authority. systems and appliances, and components ing authority. Common control may be If a hearing is deemed necessary, appli­ parts thereof, from the plantsite of involved. If a hearing is deemed neces­ cant requests it be held at Boston, Mass., Dusty Dustless, Inc., at Baldwinsville, sary, applicant requests it be held at or Washington, D.C. N.Y., to all points in the United States Indianapolis, Ind., or Louisville, Ky. No. MC 109397 (Sub-No. 244), filed (except Alaska and Hawaii). N o t e : Com­ No. MC 107409 (Sub-No. 36), filed November 9, 1970. Applicant: TRI­ mon control and dual operations may be November 16, 1970. Applicant: RATLIFF STATE M OTOR TRANSIT CO., Post involved. Applicant states that the re­ & RATLIFF, INC., Route 5, Lexing­ Office 113, Joplin, MO 64801. Applicant’s quested authority cannot be tacked with ton, NC 27292. Applicant’s representa­ representatives: A. N. Jacobs (same ad­ its existing authority. If a hearing is tive: Thomas Kilroy, 2111 Jefferson dress as applicant) and Wilburn L. Wil­ deemed necessary, applicant requests it Davis Highway, Arlington, VA. Authority liamson, 600 Leininger Building, Okla­ be held at Syracuse or Rochester, N.Y. sought to operate as a common carrier, homa City, OK 73112. Authority sought No. MC 106398 (Sub-No. 516), filet* by motor vehicle, over irregular routes, to operate as a common carrier, by motor November 18, 1970. Applicant: NA­ transporting: Stone, from points in vehicle, over irregular routes, transport­ TIONAL TRAILER CONVOY, INC., 1925 Surry County, N.C., to points in South ing: Lumber and wood products, from National Plaza, Tulsa, OK 74151. Appli­ Carolina, Virginia, Maryland, Delaware, points in Washington, Oregon, Idaho, cant’s representatives: Irvin Tull (same New Jersey, Pennsylvania, New York, Montana, and California north of High­ address as above) and Leonard A. Wisconsin, Iowa, Illinois, Missouri, Okla­ way 50 to points in Massachusetts, Con­ Jaskiewicz, 1730 M Street NW., Suite 501, homa, Kansas, Nebraska, Colorado, necticut, Rhode Island, New York, New Washington, DC 20036. Authority sought Texas, Ohio, Louisiana, Massachusetts, Jersey, Maryland, Virginia, Delaware, to operate as a common carrier, by motor Arkansas, Mississippi, Indiana, Ken­ and the District of Columbia. Note: vehicle, over irregular routes, transport­ tucky, Tennessee, Alabama, Georgia, Common control and dual operations ing: Buildings, complete, knocked down, West Virginia, Michigan, Florida, Con­ may be involved. Applicant states that or in sections, including all component necticut, Rhode Island, Vermont, New the requested authority cannot be tacked parts, materials, supplies, and fixtures, Hampshire, Maine, Minnesota, and the with its existing authority. If a hearing and when shipped with such buildings, District of Columbia. N o t e : Applicant is deemed necessary, applicant requests accessories used in the erection, con­ states that the requested authority can­ it be held at San Francisco, Calif., or struction, and completion thereof, from not be tacked with its existing authority. Portland, Oreg. Terre Haute, Ind., to points in Arizona, If a hearing is deemed necessary, appli­ No. MC 110325 (Sub-No. 48), filed California, Colorado, Delaware, Florida, cant requests it be held at Washington, November 4, 1970. Applicant: TRANS- Idaho, Kansas, Maryland, Minnesota, D.C. CON LINES, a corporation, 1206 South Montana, Nebraska, Nevada, New Jersey, No. MC 107515 (Sub-No. 717), filed Maple Avenue, Los Angeles, CA 90015. North Dakota, New Mexico, Oklahoma, November 13,1970. Applicant: REFRIG­ Applicant’s representative: Wentworth Oregon, South Dakota, Texas, Utah, ERATED TRANSPORT CO., INC., Post E. Griffin, 1221 Baltimore Avenue, Kan­ Washington, Wyoming, and the District Office Box 308, Forest Park, G A 30050. sas City, MO 64105. Authority sought to of Columbia. N ote : Applicant states that Applicant’s representative: B. L. G U N D - operate as a common carrier, by motor the requested authority cannot be tacked LACH (same address as applicant). Au­ vehicle, over regular routes, transport­ with its existing authority. No duplicat­ thority sought to operate as a common ing: General commodities (except those ing authority is sought. Common control carrier, by motor vehicle, over irregular of unusual value, livestock, classes A and and dual operations may be involved. If routes, transporting: Meat, meat prod­ B explosives, household goods as defined a hearing is deemed necessary, applicant ucts and meat byproducts as described by the Commission, commodities in bulk, requests it be held at Chicago, 111. in section A of Appendix I to the report and those requiring special equipment), No. MC 106497 (Sub-No. 52), filed No­ in Descriptions in Motor Carrier Certifi­ serving the plantsite and shipping facil­ vember 6, 1970. Applicant: PARKHILL cate, 61 M.C.C. 209 and 766 (except ity of Mobay Chemical Co., at or near TR UCK COMPANY, a corporation, Post hides and commodities in bulk) from Baytown, Chambers County, Tex., as an Office Box 912, Joplin, MO 64801. Holton, Kans., to points in Alabama, off-route point in connection with ap­ plicant’s authorized regular-route serv­ Applicant’s representative: A. N. Jacobs Florida, Georgia, North Carolina, South (same address as applicant) and W il­ Carolina, and Tennessee (except Mem­ ice to or from Houston, Tex. No. MC 111397 (Sub-No. 95), filed No­ burn L. Williams, 600 Leininger Build­ phis and its commercial zone). N o t e : ing, Oklahoma City, OK 73112. Authority Applicant states that it could tack at vember 12, 1970. Applicant: DAVIS sought to operate as a common carrier, Gatesville, N.C., to provide through serv­ TRANSPORT, INC., 1345 South Fourth by motor vehicle, over irregular routes, ice to points in Pennsylvania, Maryland, Street, Paducah, K Y 42001. Applicant’s transporting: Pipe, iron or steel, round, Delaware, New Jersey, New York, Rhode representative: H. S. Melton, Jr., Box or rectangular, other than oilfield pipe, Island, Connecticut, New Hampshire, 1407, Paducah, K Y 42001. Authority from points in Larimer County, Colo., Vermont, Massachusetts, Maine, and the sought to operate as a common carrier, by motor vehicle, over irregular routes, to points in the United States (except District of Columbia. If a hearing is transporting: Dry calcium chloride, from Alaska and Hawaii). N o t e : Applicant deemed necessary, applicant requests it states tacking is feasible with applicant’s be held at Kansas City, Mo., or Wash­ Paducah, Ky., to points in Kentucky, Sub-No. 4, where size or weight commod­ ington, D.C. restricted to shipments having a prior ities are involved. Common control may rail movement. N o t e : Applicant states No. MC 109094 (Sub-No. 15), filed that the requested authority cannot be be involved. If a hearing is deemed November 16, 1970. Applicant: GAULT tacked with its existing authority. If a necessary, applicant requests it be held TRANSPORTATION, INC., 2377 Cran­ hearing is deemed necessary, applicant at Denver, Colo., or Washington, D.C. berry Highway, Wareham, MA 02571. requests it be held at Louisville, Ky., o No. MC 115669 (Sub-No. 118) , filed Applicant’s representative: Gavin W. Washington, D.C. November 10, 1970. Applicant: SCHILLI O ’Brien, 1156 15th Street NW., Washing­ MOTOR LINES, INC., Post Office Box No. MC 111401 (Sub-No. 312), filed ton, DC 20005. Authority sought to oper­ November 9, 1970. Applicant: GROEJN- 122, Delphi, IN 46923. Applicant’s repre­ ate as a common carrier, by motor vehi­ sentative: Thomas R. Schilli (same ad­ DYKE TRANSPORT, INC., 2510 R ock cle, over irregular routes, transporting: dress as above). Authority sought to Island Boulevard, Post Office Box 6

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 NOTICES 18775 as applicant). Authority sought to op­ applicant requests it be held at Kansas requests it be held at Fitchburg, Worces­ erate as a common carrier, by motor ve­ City, Mo., or Washington, D.C. ter, or Boston, Mass. hicle, over irregular routes, transporting: No. MC 113362 (Sub-No. 198), filed No. MC 113678 (Sub-No. 407), filed Fertilizer and fertilizer materials, from November 4, 1970. Applicant: ELLS­ November 16, 1970. Applicant: CURTIS, points in Douglas County, Kans., to WORTH FREIGHT LINES, INC., 310 INC., Post Office Box 16004, Stockyards points in Arkansas, Iowa, Minnesota, East Broadway, Eagle Grove, IA 50533. Station, Denver, CO 80216. Applicant’s Missouri, and Nebraska. N o t e : Applicant Applicant’s representative: Raymond W . representatives: Duane W . Acklie and states that the requested authority can­ Ellsworth, Post Office Box 227, Seneca, Richard Peterson, Post Office Box 806, not be tacked with its existing authority. PA 16346. Authority sought to operate Lincoln, NE 68501. Authority sought to If a hearing is deemed necessary, appli­ as a common carrier, by motor vehicle, operate as a common carrier, by motor cant requests that it be held at Kansas over irregular routes, transporting: vehicle, over irregular routes, transport­ City, Mo., or Oklahoma City, Okla. Canned and preserved foodstuffs, from ing: Equipment, materials and supplies, No. MC 111545 (Sub-No. 146), filed the plant or storage sites of Comstock- used by restaurants (except foodstuffs), November 9, 1970. Applicant: HOME Greenwood Foods located at or near When moving in the same vehicle at the TRANSPORTATION COMPANY, INC., Waterloo, Red Creek, Rushville, Egypt, same time with foodstuffs, from the 1425 Franklin Road SE., Marietta, G A Fairport, Newark, and Lyons, N.Y., to plantsite and storage facilities of Mr. 30060. Applicant’s representative: Robert points in Arkansas, Kansas, Oklahoma, Steak, Inc., in Denver, Colo., to Mr. Steak E. Born, Post Office Box 6426, Station A, Texas, Missouri, Illinois, and Louisiana. restaurants located at points in the Marietta, GA 30060. Authority sought to N o t e : Applicant states that the re­ United States (except Alaska and operate as a common carrier, by motor quested authority cannot be tacked with Hawaii), restricted to the transportation vehicle, over irregular routes, transport­ its existing authority. If a hearing is of traffic originating at the above-named ing: (1) (a) Tractors (except those with deemed necessary, applicant requests it origins and destined to the above desti­ vehicle beds, bed frames, and fifth be held at Washington, D.C., or Buffalo, nations. N o t e :*Applicant states that the wheels), (b) equipment designed for use N.Y. requested authority cannot be tacked in conjunction with tractors, (c) agri­ No. MC 113495 (Sub-No. 46), filed with its existing authority. If a hearing cultural, industrial and construction November 16, 1970. Applicant: GREG­ is deemed necessary, applicant requests it be held at Denver, Colo. machinery and equipment, (d) trailers ORY HEAVY HAULERS, INC., 51 Old­ No. MC 113678 (Sub-No. 409), filed designed for the transportation of the ham Street, Post Office Box 5266, Nash­ November 16, 1970. Applicant: CURTIS, above described commodities (except ville, T N 37213. Applicant’s representa­ INC., Post Office Box 16004, Stockyards those trailers designed to be drawn by tive: Wilmer B. Hill, 705 McLachlen Bank Station, Denver, CO 80216. Applicant’s passenger automobiles), (e )attachments Building, 666 Eleventh Street NW „ representatives: Duane W . Acklie and for the above described commodities, (f) Washington, DC 20001. Authority sought Richard Peterson, Post Office Box 806, internal, combustion engines, and (g) to operate as a common carrier, by mo­ parts of the above described commodities Lincoln NE 68501. Authority sought to tor vehicle, over irregular routes, trans­ operate as a common carrier, by motor when moving in mixed loads with such porting: (1) Tractors (regardless of how commodities, from the plants, warehouse vehicle, over irregular routes, transport­ they are equipped), except tractors used ing: Foodstuffs (except commodities in sites, and experimental farms of Deere & for pulling highway trailers, scrapers, Co., in Rock Island County, HI., to points bulk), from the plantsite and/or storage motor graders (regardless of how they facilities utilized by Ocean Spray Cran­ in Florida, Georgia, North Carolina, and are equipped), wagons, engines, genera­ South Carolina; and (2) Returned or berries, Inc., at or near Kenosha, Wis., tors, engines and generators combined, rejected shipments, from the destination to points in Iowa, Kansas, Minnesota, welders, road rollers and compactors, States named above to the named plants, Missouri, Nebraska, Oklahoma, and cranes (regardless of how they are warehouse sites, and experimental farms Texas. N o t e : Applicant states that the equipped), and dump trucks and (2) in Rock Island County, HI. Restriction: requested authority cannot be tacked Parts, attachments, and accessories for The authority in (1) above is restricted with its existing authority. If a hearing the commodities named in (1) above, to traffic originating at the plants, ware­ is deemed necessary, applicant requests from the plantsites of Caterpillar Trac­ house sites, and experimental farms of it be held at Omaha, Nebr., or Denver, tor Co., at or near Aurora, Joliet, Moss- Deere & Co., and the authority in (2) Colo. ville, Decatur, Morton, and Peoria, 111., above is restricted to traffic destined to No. MC 114004 (Sub-No. 90), filed and those points within a 15-mile radius such facilities of Deere & Co. N o t e : Ap­ November 16, 1970. Applicant: CHAN­ plicant states that the requested author­ of Peoria, HI., in Peoria, Tazewell, and DLER TRAILER CONVOY, INC., 8828 ity cannot be tacked with its existing au­ Woodford Counties, 111., to points in West New Benton Highway, Little Rock, AR thority. Common control may be in­ Virginia. N ote : Applicant states that the 72209. Applicant’s representative: W . G. volved. If a hearing is deemed necessary, requested authority cannot be tacked Chandler (same address as applicant). applicant requests it be held at Chicago, with its existing authority. If a hearing Authority sought to operate as a com­ is deemed necessary, applicant requests mon carrier, by motor vehicle, over it be held at Washington, D.C., or Chi­ irregular routes, transporting: Modular No. MC 112713 (Sub-No. 128), filec cago, HI. Buildings, from the plantsite of Modular November 16,1970. Applicant: YELLOW Industries, Inc., Olathe, Kans., to points FREIGHT SYSTEM, INC., 92d at Stat< No. MC 113539 (Sub-No. 6), filed and places in the Unitied States (includ­ line, Kansas City, MO 64114. Applicant’s November 13, 1970. Applicant: PORTER ing Alaska but except H aw aii). N o te : representative: John M. Records (same TRANSPORTATION CO., a corporation, Applicant states that the requested au­ address as applicant). Authority soughl 210 Falulah Road, Fitchburg, M A 01420. thority cannot be tacked with its existing to operate as a common carrier, by mo­ Applicant’s representative: Arthur A. authority. If a hearing is deemed neces­ tor vehicle, over regular routes, trans­ Wentzell, Post Office Box 764, Worcester, sary, applicant requests it be held at porting: General commodities, except M A 01613. Authority sought to operate as a common carrier, by motor vehicle, Kansas City, Elans. those of unusual value and excepl over irregular routes, transporting: classes A and B explosives, livestock No. MC 115295 (Sub-No. 15), filed No­ Asphalt cement, in bulk, in tank vehicles, vember 13, 1970. Applicant: BOB household goods as defined in- Practicei TJTGARD, doing business as U TG AR D o/ Motor Common Carriers Household from the port of entry at or near High- gate Springs, Vt., on the international TRUCK ING, Route 3, New Richmond, 467. commodities ir boundary line between the United States W I 54017. Applicant’s representative: ouik and those requiring special equip­ and Canada, to Lunenburg, Mass. N o t e : Val M. Higgins, 1000 First National Bank ment, between Springdale and Siloan Applicant states that the requested can Building, Minneapolis, MN 55402. Au­ springs, Ark., over Arkansas Highwaj be tacked with its existing authority. thority sought to operate as a common o, as an alternate route for operating Persons interested in the tacking possi­ carrier, by motor vehicle, over irregular onvenience only in connection with ap­ bilities are cautioned that failure to routes, transporting: Animal and poultry plicant s otherwise authorized regulai oppose the application may result in an feed and animal and poultry feed in­ tPutes, serving no intermediate points unrestricted grant of authority. If a gredients, from Abbotsford, Wis., to 0TE: If a hearing is deemed necessary. hearing is deemed necessary, applicant points in Connecticut, Illinois, Indiana,

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18776 NOTICES

Iowa, Massachusetts, Michigan, Min­ Iowa, Minnesota, Missouri, and Nebras­ sentative: Walter Harwood, 1822 Park­ nesota, Nebraska, North Dakota, South ka. N ote: Applicant states that the re­ way Towers, Nashville, TN 37219. Dakota, Wisconsin, and Montana. N ote: quested authority can be tacked with Authority sought to operate as a common Applicant states that the requested au­ its existing authority, but indicates that carrier, by motor vehicle, over irregular thority cannot be tacked with its exist­ it has no present intention to tack and routes, transporting: Chemicals, in bulk, ing authority. If a hearing is deemed therefore does not identify the points or in tank vehicles, from St. Joseph, Tenn., necessary, applicant requests it be held territories which can be served through to points in Alabama and Georgia. N ote: at Minneapolis, Minn. tacking. Persons interested in the Applicant states that the requested No. MC 115322 (Sub-No. 82), filed No­ tacking possibilities are cautioned that authority can be tacked with its existing vember 6, 1970. Applicant: R ED W IN G failure to oppose the application may re­ authority but indicates that it has no REFRIGERATED, INC., Post Office Box sult in an unrestricted grant of authority. present intention to tack and therefore 1698, 2939 Orlando Drive, Sanford, FL If a hearing is deemed necessary, appli­ does not identify the points or territories 32771. Applicant’s representative: David cant requests it be held at Kansas City, which can be served through tacking. C. Venable, 701 Washington Building, Mo. Persons interested in the tacking possi­ 15th and New York Avenue NW., Wash­ No. MC 115669 (Sub-No. 119), filed bilities are cautioned that failure to op­ ington, DC 20005. Authority sought to November 20,1970. Applicant: HOWARD pose the application may result in an un­ operate as a common carrier, by motor N. DAHLSTEN, doing business as restricted grant of authority. If a hearing vehicle, over irregular routes, transport­ DAHLSTEN TRUCK LINE, Post Office is deemed necessary, applicant requests ing: Frozen prepared foods, from the Box 95, Clay Center, NE 68933. Appli­ it be held at Nashville, Tenn., or plantsite of Ocoma Foods Co., at or near cant’s representative: Donald L. Stern, Birmingham, Ala. Shelbyville, Tenn., to points in Connecti­ 630 City National Bank Building, Omaha, No. MC 116273 (Sub-No. 133), filed cut, Delaware, Georgia (except Atlanta), NE 68102. Authority sought to operate as November 20, 1970. Applicant: D & L Maine, Maryland, Massachusetts, New a common carrier, by motor vehicle, over TRANSPORT, INC., 3800 South Laramie Jersey, New York, New Hampshire, Ohio, irregular routes, transporting: Lime, Avenue, Cicero, IL 60650. Applicant’s Pennsylvania, Rhode Island, Vermont, quick or hydrate, from plantsites of representative: William R. Lavery (same Virginia, West Virginia, and the District Marblehead Lime Co., located at Hanni­ address as applicant). Authority sought to operate as a common carrier, by motor of Columbia. N o t e : Applicant states bal, Mo., Marblehead, HI., and Quincy, that the requested authority can be 111., to points in Colorado, Kansas, Mon­ vehicle, over irregular routes, transport­ tacked with its existing authority but tana, Nebraska, North Dakota, Okla­ ing: Plastic syntheticsin bulk, in tank indicates that it has no present intention homa, South Dakota,-Texas, and Wyo­ vehicles (hopper type), from Elk Grove to tack and therefore does not identify ming. N o te : Applicant states that the Village, 111., to points in Hlinois, Indiana, the points or territories which can be requested authority cannot be tacked Iowa, Kentucky, Massachusetts, Michi­ served through tacking. Persons inter­ with its existing authority. If a hearing gan, Minnesota, Missouri, New Jersey^ ested in the tacking possibilities are cau­ is deemed necessary, applicant requests New York, Pennsylvania, Tennessee, and tioned that failure to oppose the applica­ it be held at Chicago, HI. Wisconsin. N o t e : Applicant states that tion may result in an unrestricted grant No. MC 115669 (Sub-No. 120), filed the requested authority can be tacked of authority. If a hearing is deemed nec­ November 20,1970. Applicant: HOWARD with its existing authority but indicates essary, applicant requests it be held at N. DAHLSTEN, doing business as that it has no present intention to tack and therefore does not identify the points Washington, D.C. DAHLSTEN TRUCK LINE, Post Office or territories which can be served No. MC 115523 (Sub-No. 164) ,> filed Box 95, Clay Center, NE 68933. Appli­ through tacking. Persons interested in November 19, 1970. Applicant: CLARK cant’s representative: Donald L. Stern, 630 City National Bank Building, Omaha, the tacking possibilities are cautioned TA N K LINES COMPANY, a corporation, that failure to oppose the application 1450 Beck Street, Salt Lake City, U T NE 68102. Authority sought to operate as a common carrier, by motor vehicle, over may result in an unrestricted grant of 84116. Applicant’s representative: Haines authority. If a hearing is deemed neces­ D. Stratford (same address as applicant). irregular routes, transporting: Animal sary, applicant requests it be held at Authority sought to operate as a common and poultry feed, animal and poultry Ghicago, HI. carrier, by motor vehicle, over irregular feed ingredients, and mineral mixtures, routes, transporting: Mopping asphalt, from Quincy, 111., to points in Arkansas, No. MC 116763 (Sub-No. 182), filed in packages, and roofing materials and Colorado, Iowa, Kansas, Minnesota, November 16, 1970. Applicant: CARL related articles (including lime, sand, Montana, Missouri, Nebraska, New Mex­ SUBLER TRUCKING, INC., North west talc, and pulverized lime stonedust), ico, North Dakota, Oklahoma, South Street, Versailles, OH 45380. Appli­ used in the production and installation Dakota, Texas, Wisconsin, and Wyo­ cant's representative: H. M. Richters of roofing materials, between the plant- ming. N o t e : Applicant states that the (same address as applicant). Authority site of Lloyd A. Fry Roofing Co., at Woods requested authority cannot be tacked sought to operate as a common carrier, by motor vehicle, over irregular routes, Cross, Utah, on the one hand, and, on the with its existing authority. If a hearing other, points in Idaho, Montana, Utah, is deemed necessary, applicant requests transporting: Clay (except in bulk); ( and points in Bighorn, Washakie, Hot it be held at Chicago, HI. from Quincy, Fla., and Ochlocknee^c • to points in Arkansas, Connecticut, Dela­ Springs, Fremont, and Sweetwater No. MC 115904 (Sifb-No. 23), filed Counties, Wyo., and Elko, Lander, Eu­ November 13, 1970. Applicant: LOUIS ware, Hlinois, Indiana, Iowa, Kentucky, reka, White Pine, and Lincoln Counties, GROVER, 1710 West Broadway, Idaho Louisiana, Maine, Maryland, Massachu­ setts, Michigan, Minnesota, Mississipp, Nev. N o t e : Common control may be in­ Falls, ID 83401. Authority sought to volved. Applicant states that the re­ operate as a common carrier, by motor Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio.OKia quested authority cannot be tacked with vehicle, over irregular routes, trans­ its existing authority. If a hearing is porting: Lumber and lumber mill prod­ homa, Pennsylvania, Rhode Isian . South Carolina, Tennessee, Texas, vex deemed necessary, applicant requests it ucts, including plywood, laminated be held at Salt Lake City, Utah. beams, wallboard or hardboard, or boards mont, Virginia, West Virginia, Wis sin, and the District of Columbia, and w No. MC 115669 (Sub-No. 118) , filed or sheets consisting of sawdust or ground from points in Ochlocknee, Ga., ^ po November 17,1970. Applicant: HOWARD wood with added binder, also shingles, between points in Idaho and points in in Florida. N o t e : Applicant states t N. DAHLSTEN, doing business as D AH L- the requested authority cannot be tacKeu STEN TRUCK LINE, Post Office Box 95, Colorado. N o t e : Applicant states that the requested authority cannot be tacked with its existing authority. App ^ Clay Center, NE 68933. Applicant’s rep­ states that no duplicating authority resentative: Donald L. Stern, 630 City with its existing authority. If a hearing being sought. If a hearing is ^ National Bank Building, Omaha, NE is deemed necessary, applicant requests it necessary, applicant requests it 68102. Authority sought to operate as a be held at Butte, Mont., or Boise, Idaho. common carrier, by motor vehicle, over No. MC 116254 (Sub-No. 117), filed at Tallahassee, Fla. . A irregular routes, transporting: Fertilizer November 16, 1970. Applicant: CHEM- No. MC 117119 (Sub-No. 427) . ^ g November 16, 1970. Applicant: WILL and fertilizer materials, from points in HAULERS, INC., Post Office Drawer M, SH AW FROZEN EXPRESS, INC., Lawrence, Kans., to points in Arkansas, Sheffield, AL 35660. Applicant’s repre­

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 NOTICES 18777

Office Box 188, Elm Springs, AR 72728. routes, transporting: Foodstuffs, in ve­ irregular routes, transporting: (1) (a) Applicant’s representative: Bobby G. hicles equipped with mechanical refrig­ Tractors (except those with vehicle beds, Shaw (same address as applicant). Au­ eration (excluding commodities in bulk, bed frames, and fifth wheels), (b) equip­ thority sought to operate as a common in tank vehicles), from the piantsite and ment designed for use in conjunction carrier, by motor vehicle, over irregular warehouse facilities of Stouffer Foods with tractors, (c) agricultural, industrial, routes, transporting: Canned foodstuffs, Carp., located at Cleveland and Solon, and construction machinery and equip­ from Red Creek, Waterloo, Egypt, Rush- Ohio, to points in Ohio, Indiana, Ken­ ment, (d) trailers designed for the trans­ ville, Fairport, Newark, and Lyons, N.Y., tucky, Missouri, and Illinois (excluding portation of the above-described com­ to points in Texas, Oklahoma, Arkansas, the Chicago commercial zone). Re­ modities (except those trailers designed Kansas, and Louisiana. Common con­ stricted to traffic originating at the to be drawn by passenger automobiles), trol may be involved. Applicant states plantsites and warehouse facilities of (e) attachments for the above described that the requested authority cannot be Stouffer Foods Corp., at Cleveland and commodities, (f) internal combustion tacked with its existing authority. If a Solon, Ohio, and destined to points in engines, and (g) parts of the above-de­ hearing is deemed necessary, applicant Ohio, Indiana, Kentucky, Missouri, and scribed commodities when moving in requests it be held at Washington, D.C., Illinois (excluding the Chicago commer­ mixed loads with such commodities, or New York City, N.Y. cial zone). N o t e : Applicant states that from the plants, warehouse sites, and No. MC 117799 (Sub-No. 6), filed No­ the requested authority cannot be tacked experimental farms of Deere & Co., in vember 16, 1970. Applicant: BEST W A Y with its existing authority. If a hearing Rock Island County, HI., to points in FROZEN EXPRESS, INC., 3033 Excelsior is deemed necessary, applicant requests Connecticut, Delaware, District 'of Co­ Boulevard, Room 210, Minneapolis, MN it be held at Cleveland, Ohio. lumbia, Maine, Maryland, Massachu­ 55416. Applicant’s representative: An­ No. MC 119118 (Sub-No. 27), filed setts, New Hampshire, New Jersey, New drew R. Clark, 1000 First National Bank November 18, 1970. Applicant: LEWIS. York, Pennsylvania, Rhode Island, Ver­ Building, Minneapolis, M N 55402. Au­ W . McCURDY, doing business as Mc- mont, and Virginia; and (2) returned or thority sought to operate as a common C U R D Y’S T R U C K IN G CO., Post Office rejected shipments from the destination carrier, by motor vehicle, over irregular Box 388, Latrobe, PA 15650. Applicant’s States named above to the named plants, routes, transporting: (1) Meat, cheese, representative: Paul F. Sullivan, 701 warehouse sites, and experimental farms and meat and cheese products, (2) com­ Washington Building, 15th and New in Rock Island County, 111. Restriction: modities the transportation of which falls York Avenue NW., Washington, DC The authority in (1) above is restricted within the partial exemption of section 20005. Authority sought to operate as a to traffic originating at the plants, ware­ 203(b) (6) of the Interstate Commerce common carrier, by motor vehicle, over house sites, and experimental farms of Act, when moving in mixed loads with irregular routes, transporting: Malt Deere & Co., and the authority in (2) any of the commodities specified in (1), beverages, in containers, and related ad­ above is restricted to traffic destined to from East Brunswick, N.J., to points in vertising material moving therewith, such facilities of Deere & Co. N o t e : If a California, Oregon, Utah, and Washing­ from points in Winston-Salem, N.C., to hearing is deemed necessary, applicant ton. N ote : Applicant states no duplicate points in Pennsylvania in and west of requests it be held at Chicago, HI., or authority is sought. It further states that Bradford, Sullivan, Columbia, Northum­ Washington, D.C. the requested authority cannot be tacked berland, Dauphin, and York Counties, No. MC 119789 (Sub-No. 46), filed No­ with its existing authority. If a hearing Pa. N o t e : Applicant holds contract car­ vember 12, 1970. Applicant: CARAVAN is deemed necessary, applicant requests rier authority under Permit No. MC REFRIGERATED CARGO, INC., Post it be held at Washington, D.C., or New­ 116564 and Subs thereunder, therefore Office Box 6188, Dallas, T X 75222. Appli­ ark, N.J. dual operations may be involved. If a cant’s representative: James T. Moore No. MC 118202 (Sub-No. 4), filed No­ hearing is deemed necessary, applicant (same address as above). Authority vember 12, 1970. Applicant: SCHULTZ requests it be held at Pittsburgh, Pa. sought to operate as a common carrier, TRANSIT, INC., Post Office Box 503, No. MC 119631 (Sub-No. 13), filed by motor vehicle, over irregular routes, Winona, MN 55987. Applicant’s repre­ November 18, 1970. Applicant: DEIOMA transporting: Baby products, including sentative: Val. M. Higgins, 1000 First Na­ T R U C K IN G CO., a corporation, Post strollers, children’s vehicles, wardrobes, tional Bank Building, Minneapolis, M N Office Box 915, Mount Union Station, toys and games, chairs and stools, baby 55402. Authority sought to operate as a Alliance, OH 44601. Applicant’s repre­ seats, play pens, and parts and acces­ common carrier, by motor vehicle, ove sentative: James E. Wilson, 1735 K sories for the above described items, from irregular routes, transporting: Meat Street NW., Washington, DC 20006. Au­ points in North Hollywood, Calif., to meat products, meat byproducts, and ar thority sought to operate as a common points in New York, New Jersey, Florida, tides distributed by meat packinghouses carrier, by motor vehicle, over irregular North Carolina, South Carolina, Texas, as set forth in sections A and C, Descrip routes, transporting: Prefabricated Illinois, Minnesota, Wisconsin, Ohio, tions in Motor Carrier Certificates 6 houses, building and all component parts, Michigan, and Virginia. N o t e : Applicant MCC 209 and 766 and foodstuffs whei sections knocked down, materials, fix­ states that the requested authority can­ transported in mixed truckloads witl tures and appliances necessary to the not be tacked with its existing authority. meat and meat products, from thi construction, erection, and completion of If a hearing is deemed necessary, appli­ piantsite and warehouse facilities o such houses or buildings, from Canton, cant requests it be held at Los Angeles, Geo A. Hormel & Co., Austin, Minn., U Ohio, to points in Connecticut, Delaware, Calif., or Washington, D.C. Points in Connecticut, Delaware, Maine Illinois, Indiana, Kentucky, Maine, No. MC 120646 (Sub-No. 4), filed No­ Maryland, Massachusetts, New Hamp Maryland, Massachusetts, Michigan, vember 17, 1970. Applicant: DUNCAN shire, New Jersey, New York; Pennsyl New Hampshire, New Jersey, New York, M OTOR LINES, a corporation, Post O f­ vania, Rhode Island, Vermont, Virginia Pennsylvania, Rhode Island, Vermont, fice Box 523, Easley, SC 29640. Appli­ west Virginia, and the District of Co Virginia, West Virginia, Wisconsin, and cant’s representative: Walter Harwood, unioa;^ OTi:' Applicant has pending ii Washington, D.C. N o te : Applicant states 1822 Parkway Towers, Nashville, TN tr? J^4631^ Sub-3, an application for con' that the requested authority cannot be 37219. Authority sought to operate as a carrier authority, therefore dua tacked with its existing authority. If a common carrier, by motor vehicle, over w • ions may be involved. If a hear hearing is deemed necessary, applicant regular routes, transporting: General muLt necessary, applicant re requests it be held at Akron, or Cleveland, commodities, except classes A and B ex­ quests it be held at Minneapolis, Minn Ohio. plosives, household goods as defined by the Commission, commodities in bulk, V ^°w 5 ? .118263 (Sub-No. 37), filed No No. MC 119641 (Sub-No. 97), filed November 12, 1970. Applicant: RINGLE and commodities requiring special equip­ Ca r p t t o o 970‘ Applicant: CO LDW Al P ^ ^ R S . I N C . , Post Office Box 38 EXPRESS, INC., 450 East Ninth Street, ment; (1) From the Georgia-South Car­ olina State line to Greer, S.C., over U.S. sentaH^6’^ *718-1. Applicant's repre Fowler, IN 47944. Applicant’s representa­ Highway 123, thence over Georgia-South P edira^ ^ M - Daniell, 1600 Firs tive: Robert C. Smith, 711 Chamber of federal Building, Atlanta, G A 30303. Au Carolina State line to Greenville, S.C., Commerce Building, Indianapolis, IN thence over U.S. Highway 29 to Greer, y sou&ht to operate as a commoi 46204. Authority sought to operate as a S.C., thence over South Carolina High­ ner> by motor vehicle, over irregula: common carrier, by motor vehicle, over way 14 to its junction with Interstate

No. 289------9 FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18778 NOTICES

Highway 85; thence over Interstate High­ Washington, Chicago, IL 60602. Author­ the points or territories which can be way 85 to its junction with U.S. High­ ity sought to operate as a common car- served through tacking. Persons in­ way 25 By-Pass, thence over U.S. High­ rier, by motor vehicle, over irregular terested in the tacking possibilities are way 25 By-Pass to its junction with U.S. routes, transporting: Bottles, glassware,, cautioned that failure to oppose the ap­ Highway 123, and return over the same jars and closures, between Huntington, plication may result in an unrestricted routes, serving all intermediate points; W . Va., and points in Kentucky. N o t e : grant of authority. Applicant presently (2) from the junction of South Carolina Common control may be involved. Ap­ holds contract carrier authority under its Highway 28 and U.S. Highway 123, over plicant has a contract carrier authority Not MC 118468 and subs, therefore dual South Carolina Highway 28 to its junc­ application pending under MG- 107128, operations may be involved. If a hearing tion with South Carolina Highway 107, therefore, dual operations may be in­ is deemed necessary, applicant requests thence over South Carolina Highway 107 volved. If a hearing is deemed neces­ it be held at Des Moines, Iowa, or Chi­ to the South Carolina Highway 107 to sary, applicant requests it be held at cago, HI. the South Carolina-North Carolina State Chicago, HI. No. MC 124821 (Sub-No. 7), filed No­ line, and return over the same route, No. MC 124211 (Sub-No. 167), filed vember 12, 1970. Applicant: WILLIAM serving all intermediate points; (3) from November 18, 1970. Applicant: HILT GILCHRIST, 509' Susquehanna Avenue, the junction of U.S. Highway 123 and TRUCK LINE, INC., Post Office Drawer Old Forge, PA 18518. Applicant’s repre­ U.S. Highway 178 to the South Carolina- 988 DTS, Omaha, NE 68101. Applicant’s sentative : John W. Frame, Box 626, 2207 North Carolina State line, over U.S. representatives: Duane W . Acklie, Post Old Gettysburg Road, Camp Hill, PA Highway 178, and return over the same Office Box 80806, Lincoln, NE 68501 and 17011. Authority sought to operate as routes, serving all intermediate points; Thomas L. Hilt (same address as appli­ a common carrier, by motor vehicle, (4) between Westminster, S.C. and cant). Authority sought to operate as a over irregular routes, transporting: (1) 'Greenville, S.C., over South Carolina common carrier, by motor vehicle, over Lamps, lamp shades, plastic articles, and Highway 183, serving all intermediate irregular routes, transporting: (1) Alum­ flocked paper, from Chicago, HI., to points; and (5) between Seneca, S.C., inum, aluminum materials, and alumi­ points in New Jersey, New York, Ohio, and the South Carolina-Georgia State num products, from points in Scott and Pennsylvania, and (2) Materials and line, over South Carolina Highway 59 County, Iowa, to points in the United supplies used, incidental to, or in con­ from Seneca to its junction with Inter­ States on and west of U.S. Highway 61 nection with the manufacture, sale, and state Highway 85, thence over Interstate (except Alaska and Hawaii), and (2) distribution of lamps and lamp shades Highway 85 to the South Carolina-Geor­ materials, equipment, and supplies used from the above described destination ter­ in packaging and shipping of commodi­ gia State line, serving all intermediate ritory to Chicago, HI. N o t e : Applicant ties discribed in (1) above, from points points. N o t e : Common control may be states that the requested authority can­ involved. Applicant states no duplicate in the United States on and west of U.S. not be tacked with its existing authority. authority is being sought. If a hearing Highway 61 (except Alaska and, Hawaii) If a hearing is deemed necessary, ap­ is deemed necessary, applicant requests to points in Scott County, Iowa. N o t e : plicant requests it be held at Harrisburg, it be held at Greenville, S.C. Applicant states that the requested au­ Pa., or Washington, D.C. No. MC 120825 (Sub-No. 2), filed No­ thority cannot be tacked with its exist­ ing authority. If a hearing is deemed No. MC 124844 (Sub-No. 2), filed No­ vember 13, 1970. Applicant: G. H. vember 23, 1970. Applicant: M. L. THOM AS TR U CK ING CO., an Ohio cor­ necessary, applicant requests it be held at Washington, D.C. BROW N, INC., Post Office Box 5108, Wil­ poration, 2531 Center Street, Cleveland, mington, DE 19808. Applicant’s repre­ OH 44113. Applicant’s representatives: No. MC 124796 (Sub-No. 77), filed No­ vember 9, 1970. Applicant: CONTINEN­ sentative: Samuel W . Earnshaw, 533 James R. Stiverson and Edwin H. van Washington Building, Washington, DC Deusen, 50 West Broad Street, Columbus, TAL CONTRACT CARRIER CORP., 15045 East Salt Lake Avenue, Post Office 20005. Authority sought to operate as a OH 43215. Authority sought to operate common carrier, by motor vehicle, over as a common carrier, by motor vehicle, Box 1257, City of Industry, CA 91747. Applicant’s representative: J. Max irregular routes, transporting: Wrecked over irregular routes, transporting: and disabled commercial vehicles, and Books and magazines, between Cleveland, Harding, 605 South 14th Street, Post O f­ fice Box 82028, Lincoln, NE 68501. Au­ such commercial vehicles as may be Ohio, on the one hand, and, on the other, necessary to replace such wrecked and points in Ohio. N o t e : Applicant states thority sought to operate as a contract carrier, by motor vehicle, over irregular disabled vehicles, between points in that the requested authority cannot be Delaware, Connecticut, Maryland, Mas­ tacked with its existing authority. If a routes, transporting: Aerosol products (except in bulk) from Chicago, HI., to sachusetts, New Jersey, New York, North hearing is deemed necessary, applicant Carolina, Ohio, Pennsylvania, Rhode Is­ requests it be held at Columbus, Ohio, or points in the United States (except Hawaii and Alaska), under continuing land, Virginia, West Virginia, and the Washington, D.C. District of Columbia. N o t e : Applicant No. MC 123263 (Sub-No. 5), filed No­ contract with Alberto Culver Co. Restric­ tion: All shipments are to originate at states that no duplicating authority is vember 16, 1970. Applicant: BELGIUM requested. Applicant further states that TR UCK ING CO., INC., Belgium, Wis. the plantsite or distribution facilities utilized by Alberto-Culver Co., at or near the requested authority will not be tacked 53004. Applicant’s representatives: Philip with its presently held authority. If a Chicago, HI. N o t e : If a hearing is deemed H. Porter or John D. Varda, 121 South hearing is deemed necessary, applicant necessary, applicant requests it be held Pinckney Street, Madison, W I 53703. Au­ requests it be held at Washington, D.C. thority sought to operate as a common at Chicago, 111. No. MC 124979 (Sub-No. 3), filed No­ carrier, by motor vehicle, over irregular No. MC 124813 (Sub-No. 78), filed No­ routes, transporting: Dry animal and vember 12, 1970. Applicant: UM THUN vember 13, 1970. Applicant: CONRAD poultry feed and feed concentrates, (1) TR U CK ING CO., a corporation, 910 BERG, doing business as BERG COM­ PANY, Route 1, Box 185-A, Saginaw, from points in Indiana and Illinois to South Jackson Street, Eagle Grove, IA M N 55799. Applicant’s representative: points in Wisconsin, Minnesota, and the 50533. Applicant’s representative: W il­ Val M. Higgins, 1000 First National Bank Upper Peninsula of Michigan and (2) liam L. Fairbank, 900 Hubbell Building, Building, Minneapolis, M N 55402. Au­ from Fond du Lac, Wis., to points in Des Moines, IA 50309. Authority sought thority sought to operate as a common Ohio (except Circleville). N o t e : Appli­ to operate as a common carrier, by motor carrier, by motor vehicle, over irregular cant states that the requested authority vehicle, over irregular routes, transport­ cannot be tacked with its existing au­ ing: Dry feed grade urea, from the stor­ routes, transporting: Salt, from Pine thority. If a hearing is deemed necessary, age facilities utilized by Occidental Bend, Minn., to points in North Dakota, applicant requests it be held at Madison Chemical Co., at Pekin, 111., to points in South Dakota, Iowa, and Wisconsin. or Milwaukee, Wis., or Chicago, 111. Hlinois, Iowa, Kentucky, Minnesota, Mis­ N ote : Applicant states that the requested No. MC 123272 (Sub-No. 7)s, filed No­ souri, and Wisconsin. N o t e : Applicant authority cannot be tacked with its exist­ vember 16, 1970. Applicant: FAST states that the requested authority can ing authority. If a hearing is deemed nec­ FREIGHT, INC., 9651 South Ewing Ave­ be tacked with its existing authority but nue, Chicago, IL 60617. Applicant’s rep­ indicates that it has no present intention essary, applicant requests it be held at resentative: Joseph M. Scanlan, 111 West to tack and therefore does not identify Minneapolis, Minn.

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 NOTICES 18779

No. MC 125770 (Sub-No. 6) (Amend­ No. MC 127304 (Sub-No. 7), filed No­ sary, applicant requests it be held at ment), filed September 21, 1970, pub­ vember 16, 1970. Applicant: CLEAR Albuquerque, N. Mex. lished in the F ederal R eg ister issues of WATER TRUCK COMPANY, INC., 9101 No. MC 128273 (Sub-No. 77), filed Oc­ October 22,1970, and November 19,1970, Northwest Street, Valley Center, KS tober 30, 1970. Applicant: MIDWEST­ and republished as amended, this issue. 47147. Applicant’s representative: Duane ERN EXPRESS, INC., Box 189, Fort Applicant: SPIEGEL TRUCKING, INC., W. Acklie, 521 South 14th Street, Post Scott, K S 66701. Applicant’s representa­ 504 Essex Street, Harrison, NJ 07029. Office Box 80806, Lincoln, NE 68501. Au­ tive: Danny Ellis (same address as ap­ Applicant’s representative: Charles J. thority sought to operate as a contract plicant) . Authority sought to operate as Williams, 47 Lincoln Park, Newark, NJ carrier, by motor vehicle, over irregular a common carrier, by motor vehicle, over 07102. Authority sought to operate as a routes, transporting: Meats, packing­ irregular routes, transporting: Twine, contract carrier, by motor vehicle, over house products, and commodities used by from New Orleans, La., to points in irregular routes, transporting: Washers, packinghouses, between Wichita, Kans., Washington, Oregon, Idaho, California, dryers, refrigerators, freezers, dishwash­ on the one hand, and, on the other, points Nevada, Utah, Arizona, New Mexico, ers, ranges, and trash mashers, from in Connecticut, Delaware, the District of Texas, Florida, Maryland, Pennsylvania, Harrisburg, Pa., to points in Union, Sus­ Columbia, Illinois, Indiana, Maine, Mary­ New Jersey, New York, Vermont, New sex, Passaic, Bergen, Hudson, Essex, Mor­ land, Massachusetts, Michigan, Missis­ Hampshire, Maine, Massachusetts, Con­ ris, Hunterdon, Somerset, Middlesex, sippi, Missouri, New Hampshire, New necticut, Rhode Island, and Delaware. Mercer, Monmouth, and Ocean Counties, Jersey, New York, Ohio, Pennsylvania, N o te : Applicant states that the requested N.J., restricted to a transportation serv­ Rhode Island, Vermont, and Wisconsin, authority cannot be tacked with its ex­ ice to be performed under a contract or under continuing contract with Kansas isting authoritv. If a hearing is deemed continuing contract with Krich-New Jer­ Beef Industries, Inc., and its subsidiaries necessary, applicant requests it be held sey, Inc., of Newark, N.J. N o t e : The pur­ and affiliate. N o te : If a hearing is deemed at New Orleans, La., or Washington, D.C. pose of this republication is to include necessary, applicant requests it be held Union County, N.J., in the destination at Wichita, Kans, or Lincoln, Nebr. No. MC 128940 (Sub-No. 11), filed No­ territory. If a hearing is deemed neces­ No. MC 127539 (Sub-No. 17), filed vember 17, 1970. Applicant: RICHARD sary, applicant requests it be held at November 22, 1970. Applicant: PARKER A. CRAWFORD, doing business as R. A. Newark, N.J., or New York, N.Y. REFRIGERATED SERVICE, INC., 3533 CRAWFORD TRUCKING SERVICE, Post Office Box 722, Adelphi, M D 20783. No MC 126276 (Sub-No. 37) (Correc­ East 11th Street, Tacoma, W A 98421. tion), filed November 4, 1970, published Applicant’s representative: George R. Applicant’s representative: Charles E. in the F ederal R egister of November 26, LaBissoniere, 1424 Washington Building, Creager, Suite 523, 816 Easley Street, 1970, and republished in part, as cor­ Seattle, W A 98101. Authority sought to Silver Spring, MD 20910. Authority rected, this issue. Applicant: FAST M O ­ operate as a common carrier, by motor sought to operate as a contract carrier, TOR SERVICE, INC., 12855 Ponderosa vehicle, over irregular routes, transport­ by motor vehicle, over irregular routes, Drive, Palos Heights, IL 60463. Appli­ ing: Candy, from the plantsite of Brown transporting: Meats, meat products, and cant’s representative: Albert A. Andrin, & Haley at Tacoma, Wash., to points in meat byproducts as described in section 29 South La Salle Street, Chicago, IL California, and chocolate coating from A, Appendix I to the Descriptions in 60603. N o t e : The purpose of this partial San Francisco, Milbrae, and San Lean­ Motor Carrier Certificates, 61 M.C.C. republication is to correct a portion of dro, Calif., to the plantsite of Brown & 209 and 766, from Milwaukee, Wis., to New York, N.Y., and points in Delaware thé origin territory which read “Dela­ Haley at Tacoma, Wash. N o te : Applicant ware and Ohio” in the previous publica­ states that the requested authority can­ and New Jersey, Under contract with tion to read “and Delaware, Ohio.” The not be tacked with its existing authority. Peck Meat Packing Corp. N o t e : If a rest of the application remains as pre­ Applicant also holds contract carrier au­ hearing is deemed necessary, applicant viously published. thority in No. MC 124593, therefore, dual requests it be held at Washington, D.C. No. MC 126844 (Sub-No. 8), filed No­ operations may be involved. If a hearing No. MC 129307 (Sub-No. 44), filed vember 9, 1970. Applicant: R.D.S. is deemed necessary, applicant requests November 16, 1970. Applicant: McKEE TOUCHING CO., INC., 583 North Main it be held at Seattle, Wash. DINES, INC., 644 54th Avenue, Matta- Road, Vineland, NJ 08360. Applicant’s No. MC 127580 (Sub-No. 5), filed No­ wan, M I 49071. Applicant’s representa­ representative: Jacob P. Billig, 1108 16th vember 18, 1970. Applicant: H. P. HALE, tive: Leonard R. McKee (same address Street NW., Washington, DC 20036. Au­ Post Office Box 177, Roswell, N M 88201. as applicant). Authority sought to thority sought to operate as a common Applicant’s representative: Edwin E. operate as a common carrier, by motor carrier, by motor vehicle, over irregular Piper, Jr., 715 Simms Building, Albu­ vehicle, over irregular routes, transport­ routes, transporting: Frozen foods, from querque, N M 87101. Authority sought to ing: Meats., meet products and meat by­ Deerfield, 111., to points in Connecticut, operate as a contract carrier, by motor products and articles distributed by meat Delaware, Maryland, Massachusetts, New vehicle, oyer irregular routes, transport­ packinghouses as described in sections Jersey, New York, Pennsylvania, Rhode ing: Animal and poultry feeds (except A and C of Appendix I to the report in island, Virginia, and the District of Co­ liquid feeds in bulk), (1) from points in Descriptions in Motor Carrier Certifi­ lumbia N o t e : Applicant states that the Chaves County, N. Mex., and points in cates, 61 M.C.C. 209 and 766 (except hides requested authority cannot be 'tacked that part of Texas on, west, and north and commodities in bulk), from the with its existing authority. If a hearing of a line beginning at the Texas-Okla- plantsite and/or cold storage facilities h u necessary, applicant requests utilized by Wilson Sinclair Co., Albert it be held at Washington, D.C. homa State line and extending south along U.S. Highway 75 to Dallas, Tex., Lee, Minn., to points in Connecticut, vomu ^ r , 126956 (Sub-No. 4), filed No- thence southward along U.S. Highway Delaware, Maine, Maryland, Massachu­ Tj“ 5,e r _17’ !970. Applicant: N O R TH ­ 77 to junction U.S. Highway 81 at or setts, New Hampshire, New Jersey, New LAND TRANSPORT, INC., 1803 42d near Hillsboro, Tex., thence southward York, Pennsylvania, Rhode Island, Ver­ Avenue East, Superior, W I 54884. Appli- along U.S. Highway 81 (and Interstate mont, and the District of Columbia. Re­ SSu representative: Marshall D. Highway 35) to San Antonio, Tex., stricted to the transportation of traffic Becker, 630 City National Bank Build- thence westward along U.S. Highway 90 originating at the above specified plant- ®9102. Authority sought to Van Horn, Tex., thence west-north­ site and/or cold storage facilities and irate as a contract carrier, by motor westward along U.S. Highway 80 to the destined to the above specified destina­ S r 51®’ over irregular routes, transport- Texas-New Mexico State line, at El Paso, tions. N o t e : Applicant holds contract au­ pre^ared foodstuffs, from Tex., including El Paso, Tex., to points in thority under MC 119394, therefore, dual R ® ^1^ltsijte and storage facilities of Arizona, New Mexico, and Colorado, and operations may be involved. If a hearing Min? ?antry Poods. Inc., at Madelia, (2) from points in Arizona to points in is deemed necessary, applicant requests S ; ot0 point® !n Wisconsin, Michigan, New Mexico and Colorado, with the op­ it be held at Chicago, 111. control minois> under continuing erations authorized to be performed No. MC 129307 (Sub-No. 45), filed NoTP Tf Poyfti Pantry Foods, Inc. under continuing contracts with Claude November 16, 1970. Applicant: McKEE anniino«+a Scaring is deemed necessary, Barry & Co. of El Paso, Tex., and Bill- LINES, INC., 664 54th Avenue, Matta- stone Feed and Grain Service of El Paso, wan, M I 49071. Applicant’s representa­ st be held at Tex. N ote : If a hearing is deemed neces- tive: Leonard R. McKee (same address

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18780 NOTICES as applicant). Authority sought to over irregular routes, transporting: Ani­ 1111 E Street NW., Washington, DC operate as a common carrier, by motor mal feed (except in bulk), from the 20004. Authority sought to operate as a vehicle, over irregular routes, transport­ warehouse facilities of Lipton Pet Foods, contract carrier, by motor vehicle, over ing: Frozen meat, from the cold storage Inc., at or near New Orleans, La., to irregufar routes transporting: Flour, in facilities utilized by Wilson Sinclair Co., points in Colorado, Iowa, Kansas, Min­ containers, from Culpeper, Va., to points at Lafayette, Ind., to points in Michigan. nesota, Missouri, Nebraska, and Okla­ in Maryland, Pennsylvania, North Caro­ Restricted to the transportation of homa. N o t e : Applicant states that the lina, West Virginia, Delaware, New Jer­ traffic originating at the above specified requested authority cannot be tacked sey, Virginia, and the District of Colum­ cold storage facilities and destined to the with its existing authority. The pur­ bia, under contract with Seaboard Allied above specified destinations. N o t e : Ap­ pose of this republication is to show the Milling Corp. N o t e : Applicant also holds plicant holds contract authority in MC commodity description as animal feed, common carrier authority in No. MC 119394, therefore, dual operation may be (except in bulk). If a hearing is deemed 20916 and subs, therefore, dual opera­ involved. If a hearing is deemed neces­ necessary, applicant requests it be held tions may be involved. If a hearing is sary, applicant requests it be held at at New Orleans, La., or Kansas City, Mo. deemed necessary, applicant requests it be held at Washington, D.C. Chicago, 111. No. MC 133655 (Sub-No. 44), filed No. MC 133021 (Sub-No. 4), filed No­ November 13, 1970. Applicant: TRANS­ No. MC 134760 (Sub-No. 2) (Amend­ vember 13, 1970. Applicant: JOHN L. NATIONAL TRUCK, INC., a corpora­ ment) , filed October 5,1970, published in W ILSON, doing business as J. W . tion, Post Office Box 4168, Amarillo, T X the F ederal R eg ister issue of October 29, TRUCKING, Post Office Box 144, Round 79105. Applicant’s representative: Harold 1970, and republished as amended this Hill, VA 22141. Applicant’s representa­ H. Pike (same address as applicant). issue. Applicant: PHILLIP W. SLIGH- TOM, doing business as P & B TRUCK­ tive: Charles E. Creager, 816 Easley Authority sought to operate as a com­ Street, Suite 523, Silver Spring, M D mon carrier, by motor vehicle, over ir­ ING, Rural Route 1, Bettendorf, IA 52722. Applicant’s representative: Ken­ 20910. Authority sought to operate as a regular routes, transporting: Meat, meat neth F. Dudley, 611 Church Street, Post contract carrier, by motor vehicle, over products, meat byproducts and articles Office Box 279, Ottumwa, IA 52501. Au­ irregular routes, transporting: (1) distributed by meat packinghouses as thority sought to operate as a contract Canned fruit juices, apple cider, and fruit defined by the Commission, from the carrier, by motor vehicle, over irregular concentrates, from Round Hill, Va., to plant and warehouse sites of Farmland points in Delaware, Maryland, New Jer­ routes, transporting: Lumber, building Industries, Inc., at or near Garden City, sey, New York, North Carolina, Penn­ materials and building supplies, between Kans., to points in Maine, Massachusetts, sylvania, Ohio, Tennessee, and West Vir­ Davenport, Iowa, on the one hand, and, Rhode Island, Connecticut, New Jersey, ginia; and (2) materials-, equipment, and on the other, points in Illinois, under con­ Maryland, Virginia, North Carolina, supplies used in the preparation and tract with The Wickes Corp. N o t e : The South Carolina, Geprgia, Florida, New manufacture of fruit juices, concentrates, purpose of this republication is to reflect York, Pennsylvania, Vermont, and the and cider, from points in Delaware, that radial operations are proposed in District of Columbia. N o t e : Common Maryland, New Jersey, New York, North lieu of “from and to.” If a hearing is control may be involved. Applicant states Carolina, Pennsylvania, Ohio, Tennessee, deemed necessary, applicant requests it that the requested authority cannot be and West Virginia to Round Hill, Va,, re­ be held at Chicago, HI., or Davenport, stricted to a transportation service to be tacked with its existing authority. ■ If a Iowa. performed under a continuing contract hearing is deemed necessary, applicant No. M C 134804 (Sub-No. 1), filed or contracts with Hill High Food Prod­ requests it be held at Amarillo, Tex., or November 16, 1970. Applicant: AUZA- ucts, Inc. N o t e : If a hearing is deemed Dallas, Tex. HOFFMAN, INCORPORATED, Post Of­ necessary, applicant requests it be held at No. MC 133713 (Sub-No. 4), filed fice Box 1892, West Highway U.S. 66, Washington, D.C. November 13, 1970. Applicant: UELAND Flagstaff, AZ 86001. Applicant’s repre­ No. MC 133398 (Sub-No. 1)., filed No­ TRUCKING, INC., Route 1, BOX 25B, sentative: A. Michael Bernstein, 1327 vember 16,1970. Applicant: BOB EVANS, Shakopee, M N 55379. Applicant’s repre­ United Bank Building, Phoenix, AZ INC., 132-19 34th Avenue, Flushing, N Y sentative: Val M. Higgins, 1000 First Na­ 85012. Authority sought to operate as a 11354. Applicant’s representative: W il­ tional Bank Building, Minneapolis, M N contract carrier, by mdtor vehicle, over liam D. Traub, 10 East 40th Street, New 55402. Authority sought to operate as a irregular routes, transporting: (1) Payer York, N Y 10016. Authority sought to op­ common carrier, by motor vehicle, over products and machinery and parts used erate as a contract carrier, by motor ve­ irregular routes, transporting: Salt, from in the manufacture of same, from Flag­ hicle, over irregular routes, transport­ Pine Bend, Minn., to points in North staff, Ariz., to points in Texas, New Mex­ ing: Nonalcoholic beverages (except in Dakota, South Dakota, Iowa, and Wis­ ico, Arizona, California, Nevada, Colo­ bulk), and materials and supplies used consin. N o te : Applicant states that the rado, Oregon, Washington, Idaho, Utah, in the manufacture and distribution of requested authority cannot be tacked Montana, Wyoming, Oklahoma, Kansas, nonalcoholic beverages, between Pelham with its existing authority. If a hearing Nebraska, and South Dakota, (2) scrap Manor, N.Y., on the one hand, and, on is deemed necessary, applicant requests paper, between points in Arizona, Texas, the other, points In New York, New Jer­ it be held at Minneapolis, Minn. New Mexico, California, Nevada, Colo­ sey, Delaware, Pennsylvania, Maryland, No. MC 134180 (Sub-No. 2), filed rado, Oregon, Washington, Idaho, Utah, Ohio, West Virginia, Virginia, North Car­ October 28, 1970. Applicant: ROBERT Montana, Wyoming, Oklahoma, Kansas, olina, Maine, New Hampshire, Vermont, GRANT, 81 South Road, North Hampton, Nebraska, and South Dakota, and (3) Massachusetts, Rhode Island, Connecti­ N H 03862. Applicant’s representative: chemicals, supplies and machinery used cut, and the District of Columbia, under Kenneth R. Davis, 999 Union Street, in the manufacture and sale of paper contract with Metro Beverage Canners & Taylor, PA 18517. Authority sought to products, from points in the destination Packers, Inc. N o t e : If a hearing is operate as a contract carrier, by motor States in (1) above to Flagstaff, Ariz., deemed necessary, applicant requests it vehicle, over irregular routes, transport­ under contract with Ponderosa PaP®r be held at New York, N.Y. ing: Salt, from Portsmouth, N.H., to Products, Inc. N o t e : Applicant holds No. MC 133448 (Sub-No. 23) (Correc­ points in New Hampshire, Massachusetts, common carrier authority under MC tion), filed October 23, 1970, published Maine, Vermont, Rhode Island, and 134802, therefore dual operations may &e in the F ederal R e g ister issue of Novem­ Connecticut, under continuing contract involved. If a hearing is deemed neces­ ber 25, 1970, and republished as cor­ with Diamond Crystal Salt Co. N o t e : If sary, applicant requests it be held ai rected, this issue. Applicant: R EFR IG ­ a hearing is deemed necessary, applicant Phoenix or Flagstaff, Ariz. ERATED FOOD LINE, INC., Box 1056, requests it be held at Boston, Mass. No. MC 134882 (Sub-No. 2 ),^ed Commercial Station-, Springfield, MO No. MC 134427 (Sub-No. 2), filed November 12, 1970. Applicant: W IN U ^ 65803. Applicant’s representative: Tom November 6, 1970. Applicant: JOHN T. DELIVERY & REFRIGERATOR B. Kretsinger, 450 Professional Build­ TR UCK SERVICE, INC., 43 East Lincoln ing, 1103 Grand Avenue, Kansas City, SISK, Route 2, Box 182-B, Culpeper, VA MO 64106. Authority sought to operate 22701. Applicant’s representative: Frank Avenue, Columbus, OH 43214. App as a common carrier, by motor vehicle, B. Hand, Jr., 716 Perpetual Building, cant’s representative: Richard

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Brandon, 79 East State Street, Colum­ vehicle, over regular routes, transport­ the United States and Canada located at bus, OH 43215. Authority sought to oper­ ing: Household goods and personal or near Champlain, N.Y., to New York, ate'as a common carrier, by motor ve­ effects, between points within the exempt N.Y., and Jersey City and Bayonne, N.J., hicle, over irregular routes, transport­ New York City commercial zone. N o t e : under contract with Trois Pistoles Cleats ing: Meats, meat products, meat byprod­ If a hearing is deemed necessary, appli­ & Lumber Reg’d., and Tricots Excel Ltee. ucts, dairy products, and articles cant requests it be held at New York, N o t e : If a hearing is deemed necessary, distributed by meat packinghouses as N.Y. applicant requests it be held at Portland, described in sections A, B, and C of No. M C 135064, filed November 2,1970. Maine, or Boston, Mass. Appendix 1 to the report of Descriptions Applicant: LEO HULSHOF AND BOBBY No. MC 135091 EX, filed November 9, of Motor Carrier Certificates, 61 M.C.C. GENE HULSHOF, a partnership, doing 1970. Applicant: IRMA F. UPHAM, do­ 209 and 766, between Columbus, Ohio, business as HULSHOF BROTHERS, ing business as PE N -B A Y TRANSPORT on the one hand, and, on the other, Route No. 5, Lewisburg, T N 37091. Ap­ CO., 65A Tillson Avenue, Rockland, ME. points in Ohio. N o t e : Applicant states plicant’s representative: Leo Hulshof Application for a certificate of exemp­ that the requested authority cannot be (same address as above). Authority tion, under section 204(a) (4 a ), Part II tacked with its existing authority. If a sought to operate as a common carrier, of the Interstate Commerce Act, relative hearing is deemed necessary, applicant by motor vehicle, over irregular routes, to Motor Carrier Transportation in in­ requests it be held at Columbus, Ohio. transporting: Woodchips, (1) from terstate or foreign commerce solely No. MC 134922 CSub-No. 2), filed Lewisburg, Tenn., to Hawesville, Ky., and within one State, as a common carrier, November 18, 1970. Applicant: B. J. (2) from Greenbrier, Tenn., to Hawes­ transporting general commodities, except MCADAMS, INC., Route 6, Box 15, North ville, Ky. N o t e : If a hearing is deemed those of unusual value, class A and B ex­ Little Rock, AR 72118. Applicant’s repre­ necessary, applicant requests it be held plosives, household goods as defined by sentative: William J. Boyd, 29 South at Nashville, Tenn. the Commission, commodities in bulk, La Salle Street, Chicago, IL 60603. Au­ No. MC 135086 (Sub-No. 1), filed and those requiring special equipment, thority sought to operate as a common November 19,1970. Applicant: RUDONI, from Rockland, Maine, to the Islands of carrier, by motor vehicle, over irregular INC., 11936 Ravenna Road, Chardon, OH Vinalhaven and North Haven, Maine. routes, transporting: Bananas, pine­ 44024. Applicant’s representative: J. A. No. MC 135109, filed November 16, apples, and coconuts, from points in Kundtz, 1100 National City Bank Build­ 1970. Applicant: SECO, INC., 210 North Galveston, Tex., and New Orleans, La., ing, Cleveland, OH 44114. Authority Jackson, Mason City, IA 50401. Appli­ to points in Wisconsin, Illinois, Alabama, sought to operate as a contract carrier, cant’s representative: Thomas F. Kilroy, Tennessee, Kentucky, Indiana, Iowa, by motor vehicle, over irregular routes, 2111 Jefferson Davis Highway, Arlington, Missouri, Arkansas, Louisiana, Texas, transporting: Toilet preparations, clean­ VA 22202. Authority sought to operate as Oklahoma, Kansas, Ohio, Nebraska, ing and buffing compounds, household a contract carrier, by motor vehicle, Minnesota, North Dakota, South Dakota, cleaning aids, soaps, cosmetics and re­ over irregular routes, transporting: (1) and Colorado. N o t e : Applicant states lated advertising and packaging mate­ Chemicals and drugs from the plantsites that the requested authority cannot be rials, from Elk Grove Village, HI., to and warehouse facilities utilized by Atlas tacked with its existing authority. If a points in the United States, including the Chemical Industries, Inc., located at New hearing is deemed necessary, applicant District of Columbia, but excluding Castle and Newark, Del., Memphis, requests it be held at Chicago, HI. Alaska and Hawaii, under continuing Tenn., and Pasadena, Calif., to points in No. MC 134968 (Sub-No. 1), filed contract or contracts with Bestline Prod­ the United States (except Hawaii and November 16, 1970. Applicant: BERT F. ucts, Inc. N o t e : If a hearing is deemed Alaska); (2) defective, rejected and/or JONES, doing business as M ITEY BEE necessary, applicant requests it be held contaminated chemicals and drugs from XPRESS, 12060 Sable Road, Brighton, at Chicago, HI. points in the United States (except CO 80601. Applicant’s representative: No. MC 135087, filed November 12, Hawaii and Alaska) to the plantsites Ruth A. Kirkland, The 1650 Grant Street 197j3. Applicant: CENTRAL FURNI­ and warehouse facilities of Atlas Chemi­ Building, Denver, CO 80203, Authority TURE AND DELIVERY, INC., 641 In­ cal Industries, Inc., at New Castle and sought to operate as a contract carrier, diana Avenue, Washington, DC. Appli­ Newark, Del., Memphis, Tenn., and Pasa­ by motor vehicle, over irregular routes, cant’s representative: Eugene M. Malkin, dena, Calif, and (3) materials, equipment transporting: Cleaning compounds, ex­ 1625 K Street, Washington, DC 20006. and/or supplies used in the manufacture, cept in bulk, from Denver, Colo., Authority sought to operate as a con­ sale, and distribution of chemicals and Omaha, Nebr., and Amarillo, Tex., to tract carrier, by motor vehicle, over drugs between points in the United points in the United States (except irregular routes, transporting: (a) Jani­ States (except Hawaii and Alaska), and Alaska, Hawaii, Vermont, Maine, New torial, cleaning, and maintenance ma­ the plantsites and warehouse facilities Hampshire, Rhode Island, and Dela­ terials and supplies (except in bulk), utilized by Atlas Chemical Industries, ware) , under contract with Birko Chemi­ from Edmonston, Md., to points in the Inc., located at New Castle and Newark, cal Corp. N o t e : If a hearing is deemed District of Columbia, Maryland, and Del., Memphis, Tenn., and Pasadena, necessary, applicant requests it be held Virginia; and (b) janitorial, cleaning, Calif., under contract with Atlas Chemi­ at Denver, Colo. and maintenance equipment, between cal Industries, Inc. N ote: Common con­ No. MC 135030, filed October 16, 1970. Edmonston, Md., on the one hand, and, trol may be involved. If a hearing is Applicant: WILT JAM BITTROLFF, 759 on the other, points in the District of deemed necessary, applicant requests it Sander Avenue, West Islip, N Y 11795. Columbia, Maryland, and Virginia; serv­ be held at Washington, D.C. Applicant’s representative; iVank Mitch- ice to be performed under a continuing No. MC 135111, filed November 19,1970. ~ Carso, 449 South Oyster Bay Road, contract or contracts with National Applicant: EUGENE F. REESE, Post Plainview, N Y 11803. Authority sought Service Industries, Inc., of Atlanta, Ga. Office Box 99, Dover, OH 44622. Appli­ to operate as a contract carrier, by motor N o t e : If a hearing is deemed necessary, cant’s representative: William J. Lavelle, vehicle, over irregular routes, transport­ applicant requests it be held at 2310 Grant Building, Pittsburgh, PA ing: IBM cards, from Riverton, N.J., to Washington, D.C. 15219. Authority sought to operate as a all Boroughs of New York City, N.Y., No. MC 135090, filed November 4, 1970. contract carrier, by motor vehicle, over wider contract with control Data Corp. Applicant: RODRIQUE ROUSSEL & CO. irregular routes, transporting: (1) Ad­ No te: if a hearing is deemed necessary, LTD., a corporation, 70 rue de la Gare, hesive cement, from New Philadelphia, applicant requests it be held at New Monti-Joli, PQ, Canada. Applicant’s Ohio, to points in Hlinois, Indiana, York, N.Y. representative: Norman C. Bourget, 256 Michigan, Kansas, Texas, Florida, Geor­ No. MC 135060, filed October 28, 1970. Water Street, Day Building, Augusta, gia, North Carolina, South Carolina, Vir­ Applicant: NUNEZ EXPRESS CO., INC., M E 04330. Authority sought to operate ginia, Maryland, New Jersey, New York, 76 Bronx River Avenue, Bronx, New as a contract carrier, by motor vehicle, Massachusetts, Pennsylvania, Delaware, Applicant’s representa- over irregular routes, transporting: Connecticut, Rhode Island, West Vir­ wlfj J® “1 M - Sanchez, 277 Broadway, Lumber in packages, and wood cleats, ginia, Iowa, and the District of Colum­ tn^ N Y 10007. Authority sought in packages, from port of entry on bia; (2) Ground clay, from South Caro­ operate as a common carrier, by motor the International Boundary line between lina and Georgia to New Philadelphia,

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18782 NOTICES

Ohio; (3) Synthetic rubber, from Ken­ ning and ending at points in Berkshire 18th Street NW., Washington, DC 20036. tucky and Texas to New Philadelphia, County, Mass., and extending to points Authority sought to operate as a common Ohio; (4) Metal cans, from Georgia, Illi­ in the United States, excluding Hawaii. carrier, by motor vehicle, over irregular nois, and Pennsylvania to New Philadel­ N o te : Applicant states that on some of routes, transporting office furniture, phia, Ohio; (5) Plastic pails, from New the proposed tours, it will combine these office furnishings, and office equipment, Jersey, Illinois, and Pennsylvania to New operations with those authorized from manufactured products except data Philadelphia, Ohio; (6) Resins, from points in Hampden County in Docket processing equipment; and general sup­ Florida, Pennsylvania, Illinois, and No. MC 61016 (Sub-Nos. 21 and 31). If plies (except explosives), between points Mississippi to New Philadelphia, Ohio; a hearing is deemed necessary, applicant in Montgomery, Prince Georges, Anne and (7) Fibre cans, from Pennsylvania requests it be held at Springfield, Mass. Arundel Counties, Maryland, District of and Illinois to New Philadelphia, Ohio. No. MC 129379 (Sub-No. 1), filed Columbia, and Arlington, Fairfax, Lou­ Restriction: The operations authorized November 20, 1970. Applicant: FIDEL­ doun, and Prince William Counties and herein are limited to a transportation ITY MOTOR BUS LINES, INC., 1920 Alexandria, Fairfax, and Falls Church service to be performed, under a continu­ Lincoln W ay E., Massillon, OH 44646. cities, Virginia. The purpose of this re­ ing contract or contracts, with Miracle Applicant’s representative J. A. Kundtz, publication is (1) to reflect a change in Adhesives Corp., of New Philadelphia, 1100 National City Bank Building, Cleve­ the commodity description, (2) to show Ohio. N ote : If a hearing is deemed nec­ land, OH 44114. Authority sought to op­ that common carrier authority is sought essary, applicant requests it be held at erate as a common carrier, by motor ve­ in lieu of contract carrier authority, and Pittsburgh, Pa., or Washington, D.C. hicle, over irregular routes, transporting: (3) to show that the proceeding is des­ Passengers and their baggage, in the A p p l ic a t io n for B rokerage L ic e n s e ignated for further processing under the same vehicle with passengers, in charter modified procedure, pursuant to Order No. MC 130133, filed November 12, operations, beginning and ending at of the Commission, Division t, dated No­ 1970. Applicant: BETTY’S TOURS, INC., points in Stark and Tuscarawas Coun­ vember 20, 1970, and served November 1200 Gough Street, Suite 9, San Fran­ ties, Ohio, and extending to points in 27, 1970. cisco, CA 94108. Applicant’s Representa­ Alaska, Arizona, Arkansas, California, tive: Martin J. Rosen, 140 Montgomery Colorado, Idaho, Illinois, Iowa, Kansas, By the Commission. Street, San Francisco, CA 94104. For a Kentucky, Louisiana, Minnesota, Missis­ [ s e a l ] R obert L . O sw a ld , license (BMC 5) to engage in operations sippi, Missouri, Montana, Nebraska, Ne­ Secretary, as a broker at San Francisco, Oakland, vada, New Mexico, North Dakota, Ohio, San Jose, Sacramento, Stockton, Fresno, [F.R. Doc. 70-16542; Filed, Dec. 9, 1970; Oklahoma, Oregon, South Dakota, Ten­ 8:45 a.m.] Los Angeles, San Diego, Santa Ana, and nessee, Texas, Utah, Waishington, W is­ San Bernardino-Riverside, Calif., in ar­ consin, and Wyoming; and (2) passen­ ranging for the transportation by motor gers and their baggage, in the same vehi­ FOURTH SECTION APPLICATIONS vehicle, in interstate or foreign com­ cle with passengers, in special operations, FOR RELIEF merce of passengers and their baggage, beginning and ending at points in Stark as individuals and in groups, in round and Tuscarawas Counties, Ohio, and ex­ D ecem ber 7, 1970. trip special and charter operations, be­ tending to points in the United States, Protests to the granting of an appli­ ginning and ending in California and including the District of Columbia and cation must be prepared in accordance extending to the States of California, Alaska, but excluding Hawaii. N ote : Ap­ with § 1100.40 of the general rules of Oregon, Washington, Idaho, Nevada, plicant states that tacking and joinder practice (49 CFR 1100.40) and filed Arizona, New Mexico, Utah, Wyoming, is intended with applicant’s present au­ within 15 days from the date of publica­ Montana, and Colorado, including ports thority under MC 129379. The physical tion of this notice in the F ederal of entry on the international boundary operations would tack through Wiscon­ R eg ist e r . line between the United States and the sin, Illinois, Kentucky, Tennessee, and Canadian provinces of British Columbia Mississippi to join service in the eastern L o n g - a n d -S h o r t H a u l and Alberta. half of the United States with service FSA No. 42086— Calcium chloride to M otor C arrier o f P assengers through the western half of the United New Orleans, La. Filed by Traffic Execu­ States. If a hearing is deemed necessary, tive Association-Eastern Railroads, No. MC 541 (Sub-No. 5), filed No­ applicant requests it be held at Colum­ agent (E.R. No. 2988), for interested rail vember 16, 1970. Applicant: THE NEW bus, Ohio. carriers. Rates on calcium chloride, BRITAIN TRANSPORTATION COM­ other than liquid, in bags, as described PANY, a corporation, 333 Arch Street, A pplications i n W h ic h H a n d l in g in the application, from St. Louis, New Britain, CT 06051. Applicant’s rep­ W it h o u t O ral H e a r in g H as B e e n resentative: Bruce E. Mitchell, Suite 301, R e q uested Mich., to New Orleans, La. Tavern Square, 421 King Street, Alex­ Grounds for relief—Market compe­ No. MC 113908 (Sub-No. 210), filed tition. ____ andria, VA 22314. Authority sought to November 6, 1970. Applicant ERICKSON Tariff— Supplement 131 to Traffic operate as a common carrier, by motor TRANSPORT CORPORATION, Box Executive Association-Eastern Rail­ vehicle, over irregular routes, transport­ 3180, Glenstone Station, 2105 East Dale roads, agent, tariff ICC C-438. ing: Passengers and their baggage, in Street, Springfield MO 65804. Applicant’s special operations, beginning and ending representative: Le Roy Smith (same ad­ FSA No. 42087— Class and commodity at Bristol, Plainville, New Britain, and dress as above). Authority sought to op­ rate from and to Navair, Fla. Filed by Meriden, Conn., and extending to Nar- erate as a common carrier, by motor ve­ O. W . South, Jr., agent (No. A6211), for ragansett Race Track, Pawtucket, R.I., hicle, over irregular routes, transport­ and on behalf of the Georgia Southern and Lincoln Downs Race Track, Lincoln, ing: Wine, in bulk, in tank vehicles. and Florida Railway Co., and other inter­ R.I. N o t e : If a hearing is deemed neces­ From Canandaigua, N.Y., to Church ested rail carriers. Rates on property sary, applicant requests it be held at moving on class and commodity rates, Point, La. N o t e : Applicant states that Hartford, Conn. the requested authority cannot be tacked between Navair, Fla., on the one hand, No. MC 61016 (Sub-No. 35), filed No­ with its existing authority. and points in the United States and vember 2, 1970. Applicant: PETER PAN No. MC 133694 (Sub-No. 1) (Amend­ Canada, on the other. BUS LINES, INC., 1776 Main Street, Grounds for relief— New station and Springfield, M A 01103. Applicant’s rep­ ment), filed June 18, 1969, published in resentative: Frank Daniels, 15 Court the F ederal R e g ister issue of July 17, grouping. Square, Boston, M A 02108. Authority 1969, and republished this issue. Appli­ By the Commission. sought to operate as a common carrier, cant: VICTORY VAN CORPORATION, [ s e a l ] R obert L. O s w a l d , by motor vehicle, over irregular routes, Secretary. transporting: Passengers and their bag­ 950 South Pickett Street, Alexandria, VA gage, in special operations, in round trip 223Q4. Applicant’s representative: Car­ [F.R. Doc. 70-16614; Filed, Dec. 9, 1970; sightseeing and pleasure tours, begin­ lyle C. Ring, Jr., 710 Ring Building, 1200 8:48 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 NOTICES 18783

[Notice 204] site of K raft Foods Division of Kraftco of the notice of filing remains as pre­ Corp. at Decatur, Ga., to East Bemstadt, viously published. MOTOR CARRIER TEMPORARY Greenville, and Paducah, Ky., for 180 No. MC 109689 (Sub-No. 219 T A ), filed AUTHORITY APPLICATIONS days. Supporting shipper: Kraft Foods, Noverhber 30, 1970. Applicant: W. S. D ecem ber 3, 1970. Division of Kraftco Corp., Southern Di­ HATCH CO., 643 South 800 West Street. Office: Woods Cross, U T 84087. Mail: The following axe notices of filing of vision, 2340 Forest Lane, Garland, T X 75040. Send protests to: William L. Post Office Box 1825, Salt Lake City, applications for temporary authority U T 84110. Authority sought to operate under section 210a(a) of the Interstate Scroggs, District Supervisor, Interstate Commerce Commission, Bureau of Op­ as a common carrier, by motor vehicle, Commerce Act provided for under the over irregular routes, transporting: new -rules of Ex Parte No. MC—67 (49 erations, Room 309,1252 West Peachtree Street NW., Atlanta, G A 30309. Crude ground clay, in bulk, from Aurora, CFR Part 1-131), published in the F ed­ Utah, to Rodeo, Calif., for 180 days. eral R egister, issue of April 27, 1965, No. MC 71452 (Sub-No. 9 T A ), filed November 27, 1970. Applicant: INDIANA Supporting shipper: Los Angeles Chem­ effective July 1,1965. These rules provide ical Co., 4545 Ardine Street, South Gate, that protests to the granting of an ap­ TRANSIT SERVICE, INC., 4300 West Morris Street, Indianapolis, IN 46241. CA 90280. (W . W . Broughton, Sales De­ plication must be filed with the field partment). Send protests to: John T. official named in the F ederal R eg ister Applicant’s representative: H. J. Noel (same address as above). Authority Vaughan, District Supervisor, Bureau of publication, within 15 calendar days after Operations, Interstate Commerce Com­ the date of notice of the filing of the ap­ sought to operate as a common carrier, by motor vehicle, over irregular routes, mission, 5239 Federal Building, Salt Lake plication is published in the F ederal City, U T 84111. transporting: General commodities (ex­ R egister. One copy of such protests must No. MC 115524 (Sub-No. 15 T A ), filed cept those of unusual value, classes A be served on the applicant, or its au­ November 30, 1970. Applicant: WIL­ and B explosives, household goods as de­ thorized representative, if any, and the LIAM P. BURSCH, doing business as fined by the Commission, commodities in protests must certify that such service BURSCH TRUCKING, 415 Rankin Road bulk and those requiring special equip­ has been made. The protests must be NE., Albuquerque, NM 87107. Authority ment) , restricted to shipments having a specific as to the service which such pro- sought tov operate as a contract carrier, testant can and will offer, and must con­ prior or subsequent movement by air­ by motor vehicle, over irregular routes, sist of a signed original and six copies. craft; between the Weir-Cook Municipal transporting: Resin and wax emulsion, A copy of the application is on file, and Airport (near Indianapolis, Ind., on in shipper-owned containers, for account can be examined at the Office of the the’one hand, and, on the other, points of Mexwood Products, Inc., between Secretary, Interstate Commerce Com­ in Fulton County, Ind.), for 180 days. points in Arkansas and New Mexico. Sup­ mission, Washington, D.C. and also in Supporting shipper: Ford Motor Co., porting shipper : Mexwood Products, Inc., field office to which protests are to be The American Road, Dearborn, MI Post Office Box 813, Albuquerque, Ni 1 transmitted. 48121. Send protests toi District Super­ 87103. Send protests to: William R. Mur­ visor James W . Habermehl, Interstate M otor C arriers o f P r o pe r t y doch, District Supervisor, Interstate Commerce Commission, Bureau of Op­ Commerce Commission, Bureau of Oper­ No. MC 5352 (Sub-No. 2 T A ), filed erations, 802 Century Building, 36 South ations, 10515 Federal Building, U.S. November 30, 1970. Applicant: PAUL S. Penn. Street, Indianapolis, IN 46204. Courthouse, Albuquerque, N M 87101. COOPER, 1302 Garden Lane, Cham­ No. MC 95876 (Sub-No. 107 T A ), filed No. MC 116935 (Sub-No. 10 T A ), filed paign, IL 61820. Applicant’s representa­ November 30, 1970. Applicant: ANDER­ November 27, 1970. Applicant: COM­ tive: John C. Hirschfeld, 1400 Anthony SON TRUCKING SERVICE, INC., 203 MERCIAL FURNITURE DISTRIBU­ Drive, Post Office Box 1003, Champaign, Cooper Avenue N., Post Office Box 844, TORS, INC., 1000 Belleville Turnpike, IL 61820. Authority sought to operate as St. Cloud, M N 56301. Applicant’s repre­ Kearny, NJ 07032. Applicant’s represent­ a contract carrier, by motor vehicle, over sentative: Arthur A. Budde (same ad­ ative: George A. Olsen, 69 Tonnele Ave­ regular routes, transporting: Malt bev­ dress as above). Authority sought to nue, Jersey City, NJ 07306. Authority erages and related advertising matter, operate as a common carrier, by motor sought to operate as a common carrier, from Milwaukee, Wis., to Champaign vehicle, over irregular routes, transport­ by motor vehicle, over irregular routes, from Champaign over Interstate High­ ing: Building and roofing slabs, tile and transporting: New furniture, in con­ way 57 to junction Interstate Highway panels, and related materials, parts, sup­ tainers, from the facilities of Commercial 80, using U.S. Highway 45 where Inter­ plies, and accessories, from Cornell, Wis., Furniture Distributors, Inc., at Kearny, state Highway 57 is not yet completed, to points in Delaware, Illinois, Indiana, N.J., to New York, N.Y., and points in thence over Interstate Highway 80 to Kentucky, Maryland, Michigan, New Nassau, Suffolk, and Westchester Coun­ junction Interstate Highway 94, thence Jersey, Ohio, Pennsylvania, Tennessee, ties, N.Y., and points in New Jersey. Re­ over Interstate Highway 94 to junction West Virginia, and the District of Co­ stricted to shipments having a prior U.S. Highway 41, thence over U.S. High­ lumbia, and damaged and rejected ship­ movement via rail or motor carrier, for way 41 to Interstate Highway 94 to M il­ ments on return, for 180 days. Support­ 150 days. Supporting shippers: Krebs, waukee, and return over the same routes ing shipper: Fireproof Products, Inc., Stengel & Co. Inc., 200 Lexington Avenue, with empty cooperage and pallets, for Cornell, Wis. 54732. Send protests to: New York, NY 10016. Stephen Edwards 150 days. Supporting shipper: Hirschfeld A. N, Spath, District Supervisor, Inter­ East Co., 9 Elkins Road, East Brunswick, Distributing Co., Inc., 801 West Pioneer state Commerce Commission, Bureau of NJ 08816. Baumritter Corp., 205 Lexing­ Street, Champaign, IL 61821. Send pro­ Operations, 448 Federal Building and ton Avenue, New York, N Y 10016. Send tests to: Robert G. Anderson, District U.S. Courthouse, 110 South Fourth protests to: District Supervisor Joel Mor­ Supervisor, Interstate Commerce Com- Street, Minneapolis, M N 55401. rows, Bureau of Operations, Interstate imssion, Bureau of Operations, Room No. MC 98964 (Sub-No. 9 TA) (Correc­ Commerce Commission, 970 Broad 1086, 219 South Dearborn Street, Chi­ Street, Newark, NJ 07102. cago, IL 60604. tion) , filed October 15, 1970, published F ederal R e g ist e r , issue of October 30, No. MC 119012 (Sub-No. 9 T A ), filed No. M C.20783 (Sub-No. 80 T A ), filed 1970, and republished as corrected this November 27, 1970. Applicant: RIVER November 30, 1970. Applicant: TO M P­ issue. Applicant: PALMER BROTHERS, TERMINALS TRANSPORT, INC., 208 KINS MOTOR LINES, INC., 638 Langley INCORPORATED, 1434 South Third Broadway, Post Office Box 176, Aurora, m c e , Decatur, GA 30030. Applicant’s West Street, Salt Lake City, UT 84115. IN 47001. Applicant’s representative: epresentative: Archie B. Culbreth, Suite Applicant’s representative: Harry D. Don J. Meyer, 104 Morrison Street, 1252 West Peachtree Street NW., Pugsley, 400 El Paso Gas Building, Salt Aurora, IN 47001. Authority sought to Atlanta, GA 30309. Authority sought to Lake City, U T 84111. N o t e : The purpose operate as a common carrier, by motor perate as a common carrier, by motor of this republication is to show that ap­ vehicle, over irregular routes, transport­ incr-s^’ 0ver irreSular routes, transport- plicant proposes to interline at Salt Lake ing: Fluorspar, in specialized equipment, 1°0(^ “Preparations, and food- City, Provo, and Kanab, Utah. Such in­ from Aurora, Ind., to Vancoram, Ohio, uffs, in vehicles equipped with me­ formation was inadvertently omitted for 180 days. Supporting shipper: Miller - chanical refrigeration, from the plant- from the previous publication. The rest Adick Co., Suite 311, 35 East Seventh

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18784 NOTICES

Street, Cincinnati, OH 45202. Send pro­ Albany, GA 31702. Applicant’s repre­ commodities, except commodities in bulk, tests to: District Supervisor James W . sentative: W . Guy McKenzie, Jr., Post from the facilities of Minnesota Mining Habermehl, Interstate Commerce Com­ .Office Box 1200, Tallahassee, FL 32302. and Manufacturing Co., at West Cald­ mission, Bureau of Operations, 802 Cen­ Authority sought to operate as a common well, N.J., to points in New York, N.Y., tury Building, 36 South Pennsylvania carrier, by motor vehicle, over irregular Rockland and Westchester Counties, Street, Indianapolis, IN 46204. routes, transporting: Trailer axles, run­ N.Y., and points in Connecticut, with no No. MC 119573 (Sub-No. 13 T A ), filed ning gear assemblies, and component transportation for compensation on re­ November 30, 1970. Applicant: WAT­ parts therefor, on flatbed trailers (ex­ turn except as otherwise authorized. KINS TRUCKING, INC., 207 Trenton cluding commodities which because of Under continuing contract with Minne­ Avenue, Uhrichsville, OH 44683. Appli­ size or weight require the use of special sota Mining and Manufacturing Co., cant’s representative: Richard H. Bran­ equipment) between the plantsites of West Caldwell, N.J., for 150 days. Sup­ don, 79 East State Street, Columbus, OH Foreman Manufacturing Co., Inc., in porting shipper: Minnesota Mining and 43215. Authority sought to operate as a Turner County, Ga., and Chicago Ridge, Manufacturing Co., General Offices, 3M common carrier, by motor vehicle, over 111., and from the plantsite of Foreman Center, St. Paul, Minn. 55101. Send irregular routes, transporting: Fire brick, Maufacturing Co. in Turner County, Ga., protests to: District Supervisor Joel from the plantsite of H. K. Porter Co., to Newton, Kans., for 150 days. Support­ Morrows, Bureau of Operations, Inter­ Buckeye Works in Yellow Creek Town­ ing shipper: Foreman Manufacturing state Commerce Commission, 970 Broad ship, Columbiana County, Ohio, to points Co., Ashburn, Ga. Send protests to: Dis­ Street, Newark, NJ 07102. in Indiana, Illinois, Michigan, Kentucky, trict Supervisor G. H. Fauss, Jr., Bureau No. MC 128685 (Sub-No. 11 TA), filed Tennessee, Pennsylvania, New York, New of Operations, Interstate Commerce November 30, 1970. Applicant: DIXON Jersey, Maryland, Delaware, Virginia, Commission, Box 35008, 400 West Bay BROS., Post Office Box 636, Newcastle, and West Virginia, for 180 days. Support­ Street, Jacksonville, FL 32202. W Y 82701. Applicant’s representative: ing shipper: H. K. Porter Co., Inc., Re­ No. MC 126243 (Sub-No. 6 T A ), filed Robert S. Stauffer, 3539 Boston Road, fractories Division, Porter Building, 601 November 27, 1970. Applicant: ROB­ Cheyenne, W Y 82001. Authority sought Grant Street, Pittsburgh, PA 15219. Send ERTS TR U C K IN G CO., INC., I l l North to operate as a common carrier, by motor protests to: Arthur M. Culver, Jr., Dis­ McKenna Street, Poteau, O K 74953. Ap­ vehicle, over irregular routes, transport­ trict Supervisor, Interstate Commerce plicant’s representative: Dean William­ ing: Lumber, from Newcastle, Wyo., to Commission, Bureau of Operations, 255 son, 600 Leininger Building, Oklahoma points in Colorado, Iowa, Kansas, Min­ Federal Building and U.S. Courthouse, City, OK 73112. Authority sought to op­ nesota, North Dakota, and Wisconsin, 85 Marconi Boulevard, Columbus, OH erate as a common carrier, by motor vehi­ for 180 days. Supporting shipper: U.S. 43215. cle, over regular routes, transporting: Plywood-Champion Papers Inc. Knights- No. MC 119632 (Sub-No. 42 T A ), filed General commodities (except those of bridge Drive, Hamilton, Ohio. Send pro­ November 30, 1970. Applicant: REED unusual value, classes A and B explosives, tests to: District Supervisor Paul A. LINES, INC., 634 Ralston Avenue, De­ household goods as defined by the Com­ Naughton Interstate Commerce Com­ fiance, OH 43512. Applicant’s repre­ mission, commodities in bulk, commodi­ mission, Bureau of Operations, Room sentative: A. Charles Tell, 100 East ties requiring special equipment and 1006, Federal Building and Post Office, Broad Street, Columbus, OH 43215. Au­ those injurious or contaminating to other 100 East B Street, Casper, W Y 82601. thority sought to operate as a common lading), (1) between Fort Towson, Okla., No. MC 133333 (Sub-No. 3 TA), filed carrier, by motor vehicle, over irregular and Heavener, Okla., over Highway 70 November 27, 1970. Applicant: JACK A. routes, transporting: Fertilizer, fertilizer from Fort Towson to Broken Bow, Okla., HART, doing business as PARTS LOCA­ material, fertilizer ingredients, fungi­ and Highway 259 from Broken Bow to TOR SERVICE, 5501 Northwest Walnut cides, herbicides, and insecticides (except Heavener, Okla., and (2) between Valli- Street, Vancouver, W A 98663. Appli­ commodities in bulk) between Orrville, ant, Okla., and Broken Bow, Okla., over cant’s representative: Lawrence V. Ohio, on the one hand, and, on the other, Highway 98 from Valliant to its intersec­ Smart, 419 Northwest 23d Avenue, Port­ points in New York, Pennsylvania, and tion with Highway 198, thence over 198 land, OR 97210. Authority sought to op­ West Virginia, for 180 days. Supporting to Wright City, Okla., thence from erate as a common carrier, by motor ve­ shipper: Swift Agricultural Chemicals Wright City over Highway 198 to its hicle, over irregular routes, transporting: Corp., 2 North Riverside Plaza, Chicago, junction with Highway 98, thence over Used Automobile and truck parts, be­ IL 60606. Send protests to: Keith D. Highway 98 to its junction with High­ tween points in Idaho, on the one hand, Warner, District Supervisor, Bureau of way 7, thence over Highway 7 to Broken and points in Oregon and Washington, Operations, Interstate Commerce Com­ Bow and return over the same routes, on the other hand, for 180 days. Sup­ mission, 5234 Federal Office Building, serving all intermediate points on said porting shippers: Shaw Auto Parts, Inc., 234 Summit Street, Toledo, OH 43604. routes: N o t e : Roberts would tack with First and Gould, Pocatello, ID 83201; No. M C 119789 (Sub-No. 47 T A ), filed its base authority MC 126243 and its Jansson Auto Salvage, St. Leon Road, November 27, 1970. Applicant: CARA­ Sub 5. Traffic would be interlined at Idaho Falls, ID 83401; B & B Auto Parts, VAN REFRIGERATED CARGO, INC., Hugo, Okla., McAlester, Okla., and Fort 4290 Chinden Boulevard, Boise, ID Post Office Box 6188, Dallas, T X 75222. Smith, Ark., for 180 days. Supported by: 83704; Dale’s Auto Salvage, Inc., 5500 Applicant’s representative: James T. There are approximately 18 statements South Fifth Avenue, Pocatello, ID 83201; Moore (same address as above). Author­ of support attached to the application, Dillon Auto Salvage, Route 3, Caldwell, ity sought to operate as a common car­ which may be examined here at the In-, ID 83605; For-Mark, Inc., Barber Road, rier, by motor vehicle, over irregular terstate Commerce Commission in Boise, ID 83706. Send protests to: Dis­ routes, transporting: Canned foodstuffs, Washington, D.C., or copies thereof trict Supervisor W. J. Huetig, Interstate from Hoopeston, Streator, and Prince- which may be examined at the field office Commerce Commission, Bureau of Op­ ville, HI., Fowler, Ind., and Mayville, Wis., named below. Send protests to: District erations, 120 Southwest Fourth Avenue, to points in California, Arizona, New Supervisor William H. Land, Jr., Bureau Portland, OR 97204. Mexico, Nevada, and Colorado, for 180 of Operations, Interstate Commerce No. MC 133470 (Sub-No. 3 TA), filed days. N o t e : Carrier does not intend to Commission, 2519 Federal Office Build­ November 30, 1970. Applicant: S. J- tack its authority. Supporting shipper: ing, 700 West Capitol, Little Rock, AR DURRANCE COM PANY, INC., Room Joan of Arc Co., Post Office Drawer 490, 72201. 207, Administration Building, State St. Francisville, LA 70775. Send protests No. M C 126283 (Sub-No. 4 T A ), filed Farmers Market, Forest Park (Atlanta), to: District Supervisor E. K. Willis, Jr., November 27,1970. Applicant: BERGEN- G A 30050.. Applicant’s representative: Interstate Commerce Commission, Bu­ PASSAIC AIR EXPRESS, INC., 124 East Guy H. Postell, Suite 713, 3384 Peach­ reau of Operations, 513 Thomas Building, Columbia Avenue, Palisades Park, NJ tree Road NE., Atlanta, GA 30326. Awj 1314 Wood Street, Dallas, T X 75202. 07650. Applicant’s representative: George thority sought to operate as a common No. MC 124154 (Sub-No. 41 T A ), filed A. Olsen, 69 Tonnele Avenue, Jersey City, carrier, by motor vehicle, over irregular November 30, 1970. Applicant: WIN­ NJ 07306. Authority sought to operate as routes, transporting: (1) Frozen hvsn GATE TRUCKING COMPANY, INC., a contract carrier, by motor vehicle, over puppies and frozen onion rin g s, when Post Office Box 645, 1004 21st Avenue, irregular route, transporting: General moving in the same vehicle with frozen

FEDERAL REGISTER, V O L 35, NO. 239— THURSDAY, DECEMBER 10, 1970 NOTICES 18785

application, which may be examined seafood and frozen seafood dinners or Trafficway, Kansas City, K S 66115. Send protests to: Thomas P. O’Hara, District here at the Interstate Commerce Com­ either of such commodities and (2) mission in Washington, D.C., or copies Frozen seafood and frozen seafood din­ Supervisor, Bureau of Operations, Inter­ thereof which may be examined at the ners, when moving in the same vehicle state Commerce Commission, 234 Federal field office named below. Send protests with frozen hush puppies or frozen onion Building, Topeka, K S 66603. to: John' J. England, District Super­ rings or either of such commodities, be­ No. MC 135045 (Sub-No. 1 TA) (Cor­ visor, 2111 Federal Building, 1000 Lib­ tween the plantsites and warehouse fa­ rection), filed November 11, 1970, pub­ erty Avenue, Pittsburgh, PA 15222. cilities of Sea Pak Division of W. R. lished F ederal R eg ist e r , issue of Novem­ Grace & Co., Golden Shores Seafoods, ber 21, 1970, and republished as cor­ No. MC 135122 TA, filed November 27, Inc., and King Shrimp Co. in Glynn and rected this issue. Applicant: BERTSCH 1970. Applicant: CARL C. BEESLEY, Chatham Counties, Ga. and the facilities TRUCKING, INC., Box 15, Hillsboro, ND doing busines as IND USTR IAL INVEST­ of the Georgia State docks at Brunswick 58045. Applicant’s representative: Philip MENT & CONSTRUCTION CO., Post and Savannah, Ga., on the one hand, W . Getts, 630 Osborn Building, St. Paul, Office Box 14044, Phoenix, Ariz. 85019. and, on the other, points in the United M N 55102. N o t e : The purpose of this Applicant’s representative: A. Michael States (except Alaska and H aw aii), for republication is to show that Pembina is Bernstein, 1327 United Bank Building, 180 days. Supporting shippers: King located in the State of South Dakota and Phoenix, Ariz. 85012. Authority sought to Shrimp Co., Inc., Brunswick, Ga., and not in Nova Scotia as was published in operate as a contract carrier, by motor Sea Pak Division of W . R. Grace & Co., error, in previous publication. The rest vehicle, over irregular routes, transport­ Savannah, Ga. Send protests to: William of the notice remains as previously ing: Equipment, materials, supplies, and L. Scroggs, District Supervisor, Inter­ published. commodities used by telephone compa­ state Commerce Commission, Bureau of No. MC 135120 TA, filed November 30, nies in or incidental to the construction, Operations, Room 309,1252 West Peach­ 1970. Applicant: C. W. HAMMOCK, do­ servicing and operation of a telephone tree Street NW., Atlanta, G A 30309. ing business as HAM M OCK M O VING & system, and on return, used, damaged No. MC 134645 (Sub-No. 1 T A ), filed STORAGE COMPANY, 248 East Lath- or defective telephone equipment, ma­ November 30, 1970. Applicant: LIV E ­ rop Avenue, Savannah, G A 31401. Ap­ terials and supplies and bookkeeping STOCK SERVICE, INC., 1413 Second plicant’s representative: Monty Schu­ records and coin, from Phoenix, Ariz., to Avenue South, St. Cloud, M N 56301. Ap­ macher, Suite 310, Bankers Fidelity Life points in New Mexico and points in El plicant’s representative: Andrew J. Building, 2045 Peachtree Road NE., Paso County, Tex., for the Mountain Neutzling (same address as above). Au­ Atlanta, G9 30309. Authority sought to States Telephone and Telegraph Co. thority sought to operate as a common operate as a common carrier, by motor only, for 180 days. Supporting shipper: carrier, by motor vehicle, over irregular vehicle, over irregular routes, transport­ Mountain States Telephone, 15 West routes, transporting: Meats', meat prod­ ing: Used household goods, as defined by McDowell Road, Phoenix, AZ. Send pro­ ucts, meat byproducts and articles dis­ the Commission, and unaccompanied tests to: Andrew V. Baylor, District Su­ tributed by meat packinghouses as de­ baggage and personal effects, between pervisor, Interstate Commerce Commis­ scribed in sections A and C of appendix I points in Georgia, and Aiken, Allendale, sion,* Bureau of Operations, 230 North to the report in Descriptions in Motor Edgefield, Hampton, McCormick, Barn­ First Avenue, Phoenix, AZ 85025. Carrier Certificates, 61 M.C.C. 209 and well, Jasper, and Beaufort Counties, S.C. By the Commission. 766, restricted against the transporta­ Restriction: The operations authorized tion of commodities in bulk, in tank ve­ herein are subject to the following condi­ [ s e a l ] R obert L. O s w a l d , hicles and hides, from the plant and tions; said operations are restricted to Secretary. warehouse facilities of Needham Packing the transportation of traffic having a [F.R. Doc. 70-16611; Filed, Dec. 9, 1970; Co., Inc., West Fargo and Fargo, N. Dak., subsequent movement, in containers, ex­ 8:48 a.m.] to points in Connecticut, Delaware, cept as to unaccompanied baggage and Maine, Maryland, Massachusetts, New personal effects, beyond the points au­ [Notice 205] Hampshire, New Jersey, New York, Penn­ thorized. Said operations are restricted sylvania, Rhode Island, Vermont, Vir­ to the performance of pickup and de­ MOTOR CARRIER TEMPORARY ginia, West Virginia, and the District of livery service in connection with packing, AUTHORITY APPLICATIONS Columbia, for 180 days. Supporting ship­ crating, and containerization or'unpack­ D e c e m b e r 7, 1970. per: Needham Packing Co., Inc., Sioux ing, uncrating, and decontainerization City, Iowa 51101. Send protests to: A. N. of such traffic, for 180 days. Supporting The following are notices of filing of Spath, District Supervisor, Bureau of shipper: Department of Defense, Wash­ applications for temporary authority . Operations, Interstate Commerce Com­ ington, D.C. Send protests to: District under section 210a(a) of the Interstate mission, 448 Federal Building and U.S. Supervisor, G. H. Fauss, Jr., Bureau of Commerce Act provided for under the Courthouse, 110 South Fourth Street, Operations, Interstate Commerce Com­ new rules of Ex Parte No. MC-67 (49 Minneapolis, M N 55401. mission, Box 35008, 400 West Bay Street, CFR Part 1131), published in the F ed­ No. MC 134182 (Sub-No. 3 T A ), filed Jacksonville. FL 32202. eral R eg ist e r , issue of April 27, 1965, November 30, 1970. Applicant: M ILK No. MC 135121 TA, filed November 30, effective July 1, 1965. These rules pro­ PRODUCERS MARKETING COM­ 1970. Applicant: DODSWORTH, IN­ vide that protests to the granting of an PANY, doing business as ALL-STAR CORPORATED, doing business as GEN­ application must be filed with the field TRANSPORTATION, Second and West ederal eg ister ERAL PARCEL SERVICE, 324 Short official named in the F R Turnpike Road, Post Office Box 505, Law­ Street, Post Office Box 366, Erie, PA publication, within 15 calendar days rence, KS 66044. Applicant’s representa­ 16512. Applicant’s representative: Rob­ after the date of notice of the filing of tive: WARREN H. SAPP, 450 Profes­ ert C. Dodsworth (same address as the application is published in the F ed­ sional Building, Kansas City, MO 64106. above). Authority sought to operate as eral R eg ist e r . One copy of such protests Authority sought to operate as a. com­ a common carrier, by motor vehicle, must be served on the applicant, or its mon carrier, by motor vehicle, over ir­ authorized representative, if any, and regular routes, transporting: Cannea over irregular routes, transporting: Gen­ eral commodities (except classes A and the protests must certify that such serv­ goods, from Rossville, 111,; Elwood, Gal­ ice has been made. The protests must be veston, Geneva, Portland, Swayzee, and B explosives, commodities in bulk, and commodities requiring special equip­ specific as to the service which such Pro­ Vincennes, Ind.; Coloma and Hartford testant can and will offer, and must Mich.; Glencoe and Owatonna, Minn.; ment) , from points in Erie and Crawford Counties, Pa., to Cleveland-Hopkins Air­ consist of a signed original and six Biglerville, Pa., and Clyman, Hillsboro copies. Lomira, and New Richmond, Wis., tc port, Cleveland, Ohio and from Cleve­ land-Hopkins Airport to points in Erie A copy of the application is on file, Springfield, Mo., for 150 days. N o t e ; and Crawford Counties, Pa., restricted and can be examined at the Office of the Carrier does not intend to tack the au- Secretary, Interstate Commerce Com­ thority here applied for to other author­ to shipments having a prior or subse­ ity held by it, or to interline with othei quent movement by air, for 180 days. mission, Washington, D.C., and also in im?1?18’ Supporting shipper: Associate«: Supported by: There are approximately field office to which protests are to be wholesale Grocers, Inc., 1601 Fairfai 34 statements of support attached to the transmitted.

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 No. 239------io 18786 NOTICES

M otor C arriers o f P r o p e r t y return over the same route, serving all eral Building and U.S. Courthouse, 110 intermediate points on the above de­ South Fourth Street, Minneapolis, MN No. MC 26739 (Sub-No. 65 T A ), filed scribed routes and points in Clarion, 55401. December 1, 1970. Applicant: CROUCH Mercer, and Venango Counties, Pa., as No. MC 114457 (Sub-No. 95 T A ), filed BROS, INC., Post Office Box 1059, St. off-route points. Applicant seeks the Joseph, M O 64502. Applicant’s repre­ December 1, 1970. Applicant: DART right to tack the authority sought at TRANSIT COMPANY, 780 North Prior sentative: George W . Keefer (same ad­ Brookville with applicant’s present Avenue, St. Paul, M N 55104. Applicant’s dress as above). Authority sought to op­ routes. Supported by: There are approx­ erate as a common carrier, by motor ve­ representative: Donald G. Oren (same imately 46 statements of support at­ hicle, over irregular routes, transporting: address as above). Authority sought to tached to the application, which may be (1) Tractors (except truck tractors); operate as a common carrier, by motor examined at the Interstate Commerce and (2) Attachments for and equipment vehicle, over irregular routes, transport­ Commission Washington, D.C., or copies designed for use with the articles de­ ing: Cans and can ends, from St. Paul, thereof which may be examined at the scribed in (1) above, and parts for (1) Minn., to Omaha, Nebr., for 180 days. and (2) above, when moving in mixed field office named below. Send protests Supporting shipper: American Can Co., loads with the articles described in (1) to: Frank L. Calvary, District Super­ Greenwich, Conn. Send protests to: Dis­ and (2) above, from Eau Claire, Wis., visor, Bureau of Operations, Interstate trict Supervisor A. E. Rathert, Interstate to points in Arkansas, Iowa, Kansas, Commerce Commission, 2111 Federal Commerce Commission, Bureau of Op­ Louisiana, Missouri, Nebraska, Okla­ Building, Pittsburgh, PA 15222. erations, 448 Federal Building, and U.S, homa, and Texas. Restriction: re­ No. MC 97357 (Sub-No. 36 T A ), filed Courthouse, 110 South Fourth Street, stricted to traffic originating at Eau November 30, 1970. Applicant: ALLYN Minneapolis, M N 55401. Claire, Wis., for 150 days. N o t e : Appli­ TRANSPORTATION COMPANY, 14011 No. MC 116273 (Sub-No. 134 T A ), filed cant does not intend to tack the author­ South Central Avenue, Los Angeles, CA December 1, 1970. Applicant: D & L ity here applied for to other authority 90059. Applicant’s representative: C. T. TRANSPORT, INC., 3800 South Laramie held by it, or to interline with other Schneider (same address as above). Au­ Avenue, Cicero, IL 60650. Applicant’s rep­ carriers. Supporting shipper: Interna­ thority sought to operate as a common resentative: William R. Lavery (same tional Harvester Co., 401 North Michi­ carrier, by motor vehicle, over irregular address as above). Authority sought to gan Avenue, Chicago, HI. 60611. Send routes, transporting: Sodium hydroxide operate as a common carrier, by motor protests to: Thomas P. O ’Hara, District (caustic soda) liquid, in bulk, in tank vehicle, over irregular routes, transport­ Supervisor, Bureau of Operations, Inter­ vehicles, from points in Los Angeles ing: Liquid fertilizers, in bulk, in tank state Commerce Commission, 234 Fed­ County, Calif., to points in California vehicles, from Rochelle, 111., to points in eral Building, Topeka, KS 66603. located on the international boundary Illinois, Indiana, Iowa, Michigan, Min­ No. MC 41240 (Sub-No. 12 T A ), filed between the United States and the Re­ nesota, North Dakota, South Dakota, and December 1, 1970. Applicant: NELSON public of Mexico, and to points in Mari­ Wisconsin, for 150 days. Supporting TRUCKING SERVICE, INC., Box 161, copa and Pima Counties, Ariz., for 180 shipper: Joseph Mize, president, Mize Mediapolis, IA 52637. Applicant’s repre­ days. Supporting shipper: Hooker In ­ Bros., 1423 110th Street, Kenosha, WI sentative: Kenneth F. Dudley, 611 dustrial Chemicals Division, 605 Alex­ 53140. Send protests to: Raymond E. Church Street, Post Office Box 279, Ot­ ander Avenue, Post Office Box 1646, Mauk, District Supervisor, Interstate tumwa, IA 52501. Authority sought to Tacoma, W A 98401, P P G Industries, Inc., Commerce Commission, Bureau of Op­ operate as a common carrier, by motor 1 Gateway Center, Pittsburgh, PA 15222. erations, Room 1086, Everett McKinley vehicle, over irregular routes, transport­ Send protests to: John E. Nance, Dis­ Dirksen Building, 219 South Dearborn ing: Beer and malt beverages, from trict Supervisor, Bureau of Operations, Street, Chicago, IL 60604. South Bend, Ind., to Burlington and Mus­ Interstate Commerce Commission, Room No. MC 123075 (Sub-No. 20 T A ), filed catine, Iowa; empti containers on re­ 7708 Federal Building, 300 North Los December 1, 1970. Applicant: SHUPE & turn, for 180 days. Supporting shippers: Angeles Street, Los Angeles, CA 90012. YOST, INC., North U.S. 85 Bypass, Post White Distributing Co., 1109 East Fifth No. MC 111045 (Sub-No. 74 T A ), filed Office Box 1123, Greeley, CO 80631. Ap­ Street, Post Office Box 755, Muscatine, December 1,1970. Applicant: R ED W IN G plicant’s representative: Stuart L. Poel- IA 52761; Don Pease Co., 413 Valley CARRIERS, INC., Post Office Box 426, man, Seventh Floor, Continental Bank Street, Burlington, IA 52601. Send pro­ 7801 Palm River Road, Tampa, FL Building, Salt Lake City, U T 84101. Au­ tests to: Ellis L. Annett, District Super­ 33601. Applicant’s representative: J. V. thority sought to operate as a contract visor, Interstate Commerce Commission, McCoy (same address as above). Au­ carrier, by motor vehicle, over irregular Bureau of Operations, 332 Federal Build­ thority sought to operate as a common routes, transporting: Salt and salt prod­ ing, Davenport, IA 52801. carrier, by motor vehicle, over irregular ucts and animal and poultry feed mix­ No. MC 65916 (Sub-No. 13 T A ), filed routes, transporting: Molten sulphur, in tures, when moving in mixed loads with November 30, 1970. Applicant: WARD bulk, in tank vehicles, from Jay, Fla., to salt and «alt products, from the plantsite TR U CK ING CORP., Second Avenue and LeMoyne, Ala., for 180 days. Supporting of Utah Salt Inc., at Silsbee, Utah, to Seventh Street, Greenwood, Altoona, PA shipper: Enjay Chemical Co., Post Office points in Colorado, Wyoming, and 16603. Applicant’s representative: Henry Box 201, Florham Park, NJ 07932. Send Kansas, and to points in South Dakota M. Wick, Jr., 2310 Grant Building, Pitts­ protests to: District Supervisor, Joseph and Nebraska located west of U.S. High­ burgh, PA 15219. Authority sought to B. Teichert, Interstate Commerce Com­ way 83. Under a continuing contract operate as a common carrier, by motor mission, Bureau of Operations, 5720 with Utah Salt Inc., of Salt Lake City, vehicle, over regular routes, transporting: Southwest 17th Street, Room 105, Miami, Utah, for 180 days. Supporting shipper. General commodities, except those of un­ FL 33155. Utah Salt Co., Inc., 2150 South Second usual value, classes A and B explosives, W., Suite 1—D, Salt Lake City, U T 84115. No. MC 113410 (Sub-No. 70 T A ), filed livestock, household goods as defined by Send protests to: District Supervisor December 1, 1970. Applicant: DAHLEN the Commission, commodities in bulk Roger L. Buchanan, 2022 Federal Build­ TRANSPORT, INC., 1680 Fourth Avenue, and those requiring special equipment, ing, Denver, CO 80202. between Brookville, Pa., and Greenville, Newport, M N 55055. Applicant’s repre­ sentative: Robert W. Swanson (same ad­ No. MC 123233 (Sub-No. 31 T A ), Pa., from Brookville over U.S. Highway December 1, 1970. Applicant: PROVOSi 322 to Franklin, Pa., thence over U.S. dress as above). Authority sought to op­ erate as a common carrier, by motor CARTAGE INC., 7887 Second Avenue, Highway 62 to Sandy Lake, Pa., thence Ville D’Anjou 437, PQ, Canada. Author­ over Pennsylvania Highway 358 to vehicle, over irregular routes, transport­ ing: Liquefied petroleum gas, in bulk, ity sought to operate as a common ca ­ Greenville, and return over the same in tank vehicles, from Oostburg, Wis., rter, by motor vehicle, over irregular route, between Brookville, Pa., and routes, transporting: Liquid asphalt,J Sharon, Pa., from Brookville over U.S. to points in Upper Michigan, for 120 days. Supporting shipper: Northern oils and gasoline, in bulk, in tank vehi> Highway 322 to its junction with Inter­ from ports of entry on the U.S.A./ state Highway 80, thence over Interstate Propane Gas Co., Minneapolis, Minn. Send protests to: District Supervisor A. ada boundary lines at or near Alexa Highway 80 to its junction with Pennsyl­ Bay, Ogdensburg, Rooseveltown, it vania Highway 518, thence over Penn­ E. Rathert, Interstate Commerce Com­ R iver, and Champlain, N.Y., Highga sylvania Highway 518 to Sharon, and mission, Bureau of Operations, 448 Fed­

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 NOTICES 18787

Springs, Derby Line, and Norton, Vt., and (Carroll County), Md.; and Chambers- distributed by meat packinghouses as set points in New York, Vermont, New burg (Franklin County), Pa. Restricted forth in sections A and C of appendix I Hampshire, Massachusetts, Connecticut, to transportation to be performed under to Descriptions in Motor Carrier Certifi­ and Rhode Island, for 180 days. Support­ a continuing contract with PBS Coals, cates, 61 M.C.C. 209-766, and frozen foods ing shipper: Shell Canada Ltd., Box 430, Inc., of Mercersburg, Pa. Supporting in mixed shipments with meat and meat Station B, Montreal, PQ, Canada. Send shipper: PBS Coals, Inc., 207 North products, between St. Louis, Mo., on the protests to: Martin P. Monaghan, Jr., Main Street, Mercersburg, PA 17236. one hand, and, on the other, points in District Supervisor, Interstate Commerce Send protests to: Robert W . Ritenour, Missouri and Illinois within the follow­ Commission, 52 State Street, Montpelier, District Supervisor, Bureau of Opera­ ing described area including all points on V T 05602. tions, Interstate Commerce Commission, the boundaries thereof: From the Mis- No. MC 123685 (Sub-No. 7 T A ), filed 508 Federal Building, Post Office Box 869, souri-Hlinois line beginning at the Mis­ December 1, 1970. Applicant: PEOPLES Harrisburg, PA 17108. sissippi River over U.S. Highway 24 to its CARTAGE, INC., 8045 Navarre Road No. MC 129335 (Sub-No. 3 TA), filed junction with Missouri Highway 151, SW., Massillon, OH 44646. Applicant's November 30,1970. Applicant: D eHAVEN thence over Missouri Highway 151 to its representative: James Muldoon, 250 East TRANSFER & STORAGE CO., INC., junction with Missouri Highway 22, Broad Street, Columbus, OH 43215. Au­ 2009 Russell Avenue SW., Roanoke, VA thence over Missouri Highway 22 to its thority sought to operate as a common 24015. Applicant’s representative: John junction with U.S. Highway 63, thence carrier, by motor vehicle, over irregular R. S im m s, Jr., 711 Fourteenth Street over U.S. Highway 63 to its junction with routes, transporting: Fertilizer, fertilizer NW„ Washington, DC 20005. Authority Missouri Highway 72, thence over Mis­ materials, fertilizer ingredients, fungi­ sought to operate as a common carrier, souri Highway 72 to its junction with cides, herbicides, and insecticides, in by motor vehicle, over irregular routes, Interstate 55, thence over Interstate 55 bags, from the plantsite of Swift Agri­ transporting: Used household goods, be­ to its junction with U.S. Highway 61 at cultural Chemicals Corp., at Orrville, tween points in Roanoke County, Va., on Scott City, Mo., thence over U.S. High­ Ohio, to points in Indiana, Illinois, the one hand, and, on the other, points in way 61 across the Mississippi River at Michigan, Ohio, Pennsylvania, New York, McDowell, Mercer, Summers, and Monroe Cape Girardeau, Mo., where it joins Illi­ and West Virginia, for 180 days. Sup­ Counties, W . Va., and points in Buchanan nois Highway 146, thence over Illinois porting shipper: Swift Agricultural County, Va. Restriction: The operations Highway 146 to its junction with U.S. Chemicals Corp., 2 North Riverside, Chi­ described herein are subject to the fol­ Highway 45, thence over U.S. Highway cago, IL 60606. Send protests to: A. M. lowing conditions: Said operations are 45 to its junction with Illinois Highway Culver, District Supervisor, Interstate restricted to the transportation of traffic 142, thence over Illinois Highway 142 Commerce Commission, 255 Federal having a prior or subsequent movement, to its junction with U.S. Highway Building and U.S. Courthouse, 85 M ar­ in containers, beyond the points au­ 460, thence over U.S. Highway 460 coni Boulevard, Columbus, OH 43215. thorized. Said operations are restricted to its junction with Interstate 57, thence No. MC 126149 (Sub-No. 13 T A ), filed to the performance of pickup and con­ over Interstate 57 to its junction with Il­ December 1, 1970. Applicant: D ENNY tainerization, or unpacking, uncrating, linois Highway 32, thence over U.S. High­ MOTOR FREIGHT, INC., 617 Indiana and decontainerization of such traffic. way 32 to its junction with U.S. Highway Avenue, New Albany, IN 47150. Appli­ Applicant intends to tack the authority 36, thence over U.S. Highway 36 to its cant’s representative: Donald W . Smith, here applied for to authority held by it Junction with Illinois Highway 125, 900 Circle Tower Building, Indianapolis, in MC 129335 Sub-No. 2, for 180 days. thence over Illinois Highway 125 to its IN 46204. Authority sought to operate as Supporting shipper: Department of junction with U.S. Highway 67, thence a common carrier, by motor vehicle, over Defense, Washington, D.C. Send protests over U.S. Highway 67 to its junction with irregular routes, transporting: (1) to: Clatin M. Harmon, District Super­ U.S. Highway 24, thence over U.S. High­ Tractors (except truck tractors), and visor, Bureau of Operations, Interstate way 24 across the Mississippi River to the (2) Attachments for, and equipment de­ Commerce Commission, 215 Campbell point of beginning, for 180 days. Support­ signed for use with the articles described Avenue SW., Roanoke, VA 24011. ing shippers: Tom-Boy, Inc., 4353 Clay­ in (1) above and parts for (1) and (2) No. MC 134323 (Sub-No. 8 T A ), filed ton Avenue, St. Louis, MO 63110; W il­ above when moving in mixed loads with December 1, 1970. Applicant: JAY son & Co., Inc., 25 South Second Street, the articles described in (1) and (2) LINES, INC., 6210 River Road, Post Office Kansas City, K S 66118; General Grocer above; from Eau Claire, Wis., to points Box 1644, Amarillo, T X 79109. Applicant’s Co., 8514 Eager Road, St. Louis, M O in Illinois, Indiana, Ohio, Kentucky, representative: Jay Trammell (same ad­ 63144; and Geo. A. Hormel & Co., Post Michigan, West Virginia, and Wisconsin. dress as applicant). Authority sought to Office Box 1377, Maryland Heights, MO Restriction: Restricted to traffic origi­ operate as a contract carrier, by motor 63043. Send protests to: District Super­ nating at Eau Claire, Wis., for 180 days. vehicle, over irregular routes, transport­ visor J. P. Werthmann, Interstate Com­ Supporting shipper: International Har­ ing: Meats, meat products, meat by­ merce Commission, Bureau of Opera­ vester Co., 401 North Michigan Avenue, products. and articles distributed by meat tions, Room 1465, 210 North 12th Street, Chicago, IL 60611. Send protests to: packinghouses, from the plantsite of St. Louis, M O 63101. District Supervisor James W . Haber- Missouri Beef Packers at or near Friona, No. M C 135123 TA, filed December 1, niehl, Interstate Commerce Commission, Tex., to points in Florida, North Carolina, 1970. Applicant: MARVIN E. YATES, Bureau of Operations, 802 Century South Carolina, Alabama, and Georgia, YATES TRUCKING CO., Route 1, Box Building, 36 South Pennsylvania Street, for 180 days. Supporting shipper: Nor­ 131B, Klamath Falls, OR 97601. Author­ Indianapolis, IN 46204. man L. Cummins, Director of Physical ity sought to operate as a contract car­ No. MC 127871 (Sub-No. 2 T A ), filed Distributors, Missouri Beef Packers, Inc., rier, over irregular routes, transport­ or^mber 1970- Applicant: TRANS- 630 Amarillo Building, Amarillo, T X ing: Lumber, from Lakeview, Bly, and SUPPLY, INC., Post Office Box 210, 201 79105. Send protests to: Haskell E. Bal­ Klamath Falls, Oreg., to Dorris, Calif., l <7ooc ,^abl Street Mercersburg, PA lard, District Supervisor, Interstate Com­ from Burney and Weed, Calif., to White * <-¿36. Applicant’s representative: Chris­ merce Commission, Bureau of Opera­ City, Oreg., for 180 days. Supporting tin V Graf, 407 North Front Street, tions, 1012 Herring Plaza, 317 East Third shippers: Dorris Lumber Co., Dorris, Harrisburg, p a 17101. Authority sought Street, Amarillo, T X 79101. CA 96023; Mountain Valley Moulding Co., operate as a contract carrier, by No. M C 134915 (Sub-No. 1 T A ), filed Post Office Box 517, Dorris, CA 96023; tro«r v®hicle- over irregular routes, December 1, 1970. Applicant: SOUTH­ and Oregon Cutstock & Moulding Corp., transporting; Coal, in bulk, (1) from WEST REFRIGERATED DIST., INC., Post Office Box 2368, White City, OR Payette* Somerset, and West- doing business as REFRIGERATED D IS­ 97501. Send protests to: District Super­ S anL Counties, Pa-’ an<3 Preston TR IBUTING, 6000 Prescott Avenue, St. visor A. E. Odoms, Bureau of Operations, ounty, w. Va., to Clearbrook, Va., and Louis, M O 63147. Authority sought to op­ Interstate Commerce Commission, 450 w v rT Jr-0*?*® Preston County, erate as a common carrier, by motor Multnomah Building, Portland, OR (Wn sWiviiWllÜamsport anc* Hagerstown vehicle, over irregular routes, transport­ 97204. Washington County), Md.; Woodsboro ing: Meats, meat products, meat byprod­ No. MC 135124 TA, filed December 1, enenck County). Md.; Union Bridge ucts, packinghouse products, and articles 1970. Applicant: CHARLES MURRAY, /

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 18788 NOTICES

1058 Garfield Street, Fremont, OH 43420. reconsideration of the following num­ with materials, equipment, and supplies Applicant’s representative: Ronald W . bered proceedings within 20 days from use ! in processing, storing, and distrib­ Malin, Bank of Jamestown Building, the date of publication of this notice. uting honey, from and to, or between Jamestown, N Y 14701. Authority sought Pursuant to section 17(8) of the Inter­ points as specified in 25 States, restricted to operate as a contract carrier, by motor state Commerce Act, the filing of such to a transportation service to be per­ vehicle, over irregular routes, transport­ a petition will postpone the effective date formed under continuing contract with ing: Salad dressing (including mayon­ of the order in that proceeding pending the Sioux Honey Association of Sioux naise and tartar sauce), from Wilson, its disposition. The matters relied upon City, Iowa. by petitioners must be specified in their N.Y., to points in New Hampshire, Mas­ [ s e a l ] R obert L . O sw a ld , sachusetts, Connecticut, New York, Penn­ petitions with particularity. Secretary. sylvania, New Jersey, Maryland, Ohio, No. MC-FC-72231. By order of Decem­ Michigan, Illinois, and Florida, for 180 ber 1, 1970, the Motor Carrier Board [F.R. Doc. 70-16613; Filed, Dec. 9, 1970; 8:48 a.m.] days. Supporting shipper: Pfeiffer’s approved the transfer to Westbury & Foods, Inc., 683 Lake Street, Wilson, N Y Sons, Inc., 1127 West Main Street, Rich­ 14172. Send protests to: Keith D. Warner, mond, VA 23220, of the operating rights [N otice No. 113] in certificate No. MC-44401 issued June 8, District Supervisor, Bureau of Opera­ APPLICATIONS UNDER SECTIONS 5 tions, Interstate Commerce Commission, 1962, to Patch Transfer & Storage AND 210a(b) 5234 Federal Office Building, 234 Summit Co., a corporation (formerly Maitland Street, Toledo, OH 43604. Brothers Transfer, Inc.), 254 East Bank D ecem ber 7,1970. No. MC 135125 TA, filed December 1, Street, Petersburg, VA 23803, authoriz­ The following applications are gov­ 1970. Applicant: D. TAYLOR FREIGHT- ing the transportation of numerous erned by the Interstate Commerce Com­ W A Y S LTD., 6062 10th Avenue, specified commodities, including lumber, mission’s special rules governing prop­ Burnaby 3, BC, Canada. Applicant’s cottonseed meal, tobacco, oil and grease, erty or passengers under section 5(a) representative: J. Stewart Black, 103- meats, fresh fruit, canned goods, house­ and 210a(b) of the Interstate Commerce 7342 Government Road, Burnaby 2, BC, hold goods, and general commodities Act, and certain other proceedings with Canada. Authority sought to operate as from and to, and between, named points respect thereto. (49 CFR 1100.240). in Virginia, North Carolina, Maryland, a common carrier, by motor vehicle, over M otor C arriers o f P roperty irregular routes, transporting: Prefabri­ Delaware, New Jersey, New York, Penn­ cated homes, from international bound­ sylvania, and the District of Columbia. No. MC-F-11041. Authority sought for ary at or near Blaine, Wash., to points No. MC-FC-72351. By order of Decem­ merger into ARRO W MOTOR TRAN­ in Washington, Oregon, and California, ber 1, 1970, the Motor Carrier Board ap­ SIT, INC., 4600 West 34th Street, Chi­ for 180 days. Supporting shipper: Bodell proved the transfer to Womick Trans­ cago, IL 60650, of the operating rights Prefab Ltd., 7883 Edmonds, Burnaby, fer, Inc., R.F.D. No. 2, Anna, IL 62906, of and property of COREY & EVANS, INC., BC Canada. Send protests to: E. J. Casey, certificate of registration No. MC-98896 Route 23, Electric Park, Sycamore, IL District Supervisor, Bureau of Opera­ (Sub-No. 1), issued June 17, 1965, to 60178, and for acquisition by ALBERT tions, Interstate Commerce Commission, W. E. Momick, doing business as W. E. J. W ILKINS, 2328 Iroquois Road, W il­ 6130 Arcade Building, Seattle, W A 98101. Momick General Transfer & Coal, R.F.D. mette, IL, of control of such r ig h ts and No. 2, Anna, IL 62906, authorizing the property through the transaction. A p p li­ No. MC 135126 TA, filed December 1, transportation in interstate and foreign cants’ attorney: William M. Ward, 39 1970. Applicant: KENNETH R. COOPER, commerce pursuant to certificate No. South La Salle Street, Chicago, IL 60603. doing business as C & H BO D Y SHOP, MC-4210, dated July 26, 1954, issued by Operating rights sought to be m erged: West Highway 20, South Sioux City, the Illinois Commerce Commission. General commodities, excepting among NE 68776. Authority sought to operate as No. MC-FC-72470. By order of Novem­ others, household goods and com m od­ a contract carrier, by motor vehicle, over ber 30,1970, the Motor Carrier Board ap­ ities in bulk, as a common carrier, over irregular routes, transporting: Wrecked proved the transfer to Bright Belt Motor regular routes, between Chicago, 111., and or disabled trucks, truck-tractors and Lines, Inc., Grifton, N.C., of certificate of Rochelle, 111., serving all intermediate trailers, from points in Missouri, Okla­ registration No. MC-102478 (Sub-No. 4) points, and the off-route points of Elva, homa, Kansas, Wyoming, Colorado, Mon­ issued April 8, 1964, to J. H. Wade, doing Kaneville, and Steward, HI., except that tana, South Dakota, Illinois, Indiana, business as Bright Belt Motor Lines, service to and from Chicago is restricted Iowa, North Dakota, Minnesota, Wiscon­ Grifton, N.C., evidencing a right to en­ to that portion of the Chicago Commer­ sin, and Nebraska, to Omaha, South gage in transportation in interstate com­ cial zone which is within the State o ' Sioux City, Nebr., and Sioux City, Iowa, merce as described in common carrier Illinois, between Marengo, 111., and C h i­ for 180 days. Supporting shipper: Great certificate No. C-104 dated May 27, 1954, cago, 111., servingall intermediate points West Casualty Co., Post Office Box 277, issued by the North Carolina Utilities and the off-route point of Union, -HI., South Sioux City, NE 68776. Send pro­ Commission. Sam O. Worthington, Box except that service to and from Chicago tests to: Carroll Russell, District Super­ 691, Greenville, NC 27834, attorney for is restricted to that portion of the visor, Bureau of Operations, Interstate applicants. Chicago commercial zone which is within Commerce Commission, 304 Post Office No. MC-FC-72502. By order of Novem­ the State of Illinois; and under a ce rtifi­ Building, Sioux City, IA 51101. ber 30, 1970, the Motor Carrier Board cate of registration in Docket No. M C - By the Commission. approved the transfer to Sam W . Carroll, 9285 Sub-6, covering the transportation doing business as Carroll Trucking, Rural of commodities general, as a com m on [ s e a l ] R obert L. O s w a l d , Route 1, Box 1018, Umatilla, FL 32784, of carrier, in interstate commerce, within Secretary. the operating rights in permit No. M C - the State of Illinois. ARROW M O T O R [F.R. Doc. 70-16612; Filed, Dec. 9, 1970; 128893 issued February 25, 1969, to Sam TRANSIT, INC., is authorized to operate 8:48 a.m.] W. Carroll and Grover C. Carroll, a as a common carrier in Illinois and L i ' partnership, doing business as Carroll diana. Application has not been filed for temporary authority under section ¿i [Notice 624] Brothers Trucking, Rural Delivery Box 1058, Umatilla, FL 32784, authorizing the a (b ). N o t e : N o . MC-F-9610— A R R O MOTOR CARRIER TRANSFER transportation of glass containers, from M OTOR TRANSIT, INC. —- Control ~- PROCEEDINGS Alton, 111., and Ada, Okmulgee, and Sand COREY & EVANS, INC. Consummates Springs, Okla., to Lima, Ohio, and Sioux December 31, 1968, certificate not yet D ecem ber 7, 1970. City, Iowa, and from Huntington, W . Va., issued. Reason for limiting protest perms Synopses of orders entered pursuant, to Lima, Ohio; cans, from Conneaut, to 15 days from publication is to perm to section 212(b) of the Interstate Com­ Ohio, to points in Florida, Georgia, Iowa, handling of application if uncontestea merce Act, and rules and regulations Kansas, Minnesota, Nebraska, North during the current year. prescribed thereunder (49 CFR Part Dakota, and South Dakota, and drums, [ s e a l ] R obert L. O sw a ld , 1132), appear below: plastic containers, materials, equipment, Secretary- As provided in the Commission’s spe­ and supplies used in processing, storing, cial rules of practice any interested and distributing honey, and honey and [F.R. Doc. 70-16610; Filed, Dec. 9, l 07 * person may file a petition seeking beeswax when moving in mixed loads 8:48 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 239— THURSDAY, DECEMBER 10, 1970 FEDERAL REGISTER 18789

CUMULATIVE LIST OF PARTS AFFECTED— DECEMBER

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 December.

Page 1 CFR Page 8 CFR Page 17 CFR ______18456 P roposed R u l e s : 204______18582 230______18456,18510 16______18297 205______18582 240______212 ______18582 249______18512 3 CFR 234______— 18582P roposed R u l e s : 245____ 18582 230______18679 P roclamations : 299______18583 239 ______18477 4022 ______18653 240 ____ 18679, 18750 4023 ______— 186559 CFR 249— ______18750 Executive O r d e r s: 76— ______18262, 6143 (revoked in part by PLO 18313, 18730,18734 18 CFR 4948)______18379 204______18262 6276 (revoked in part by PLO P roposed R u l e s : 2______—___ 18585 4948)______18379 201______— 18745 j4—_____ 18585 6583 (revoked in part by PLO 311— ______18672 P roposed R u l e s : 4948)______18379 317______— _!______18745 2 ______18402 6868 (modified by EO 11571) __ 18717 3 ______18324 7784-A (see EO 11571)______18717 10 CFR 11______18324 8033 (see EO 11571)______18717 20 ______- _____ 18385 32______18324 9916 (see EO 11571)-______18717 50______18385, 18469 3 3 „ ______18324 10128 (see EO 11571)______18717 34 ______18324 11401 (see EO 11571)______18717 12 CFR 35 ______18324 1571______- 201______18450 36 ______18324 204______18658 45______18324 5 CFR 213 ______18658 101______18626,18627 213______18322, 18359, 18581 224______18369 104______18626,18627 351 ______18729 329______- ______18314 154______18629 352 ______18505 545______18583 157______18402 511____ 18581 563______18506,18583 159______18324 534______18581, 18730 P roposed R u l e s : 201______18626, 18627 630______a______..18581 740______18533 204_:____— ______18626, 18627 752______18729 14 CFR 19 CFR 7 CFR 21 ______18450 6______— ______18265 15______18382 37______18450 8______18265 20______18384, 18597 39______18372, 10 ______18265,18369 51______18257 18451-18454, 18584, 18734, 18735 11 ______18265 225______18741 >71______18454, 12-______18265 319______- ___ 18385 18455, 18506-18509, 18584, 18735, 18______- 18265 401— ______18598 18736 21-______18265 855______18657 73______18274, 18736 23 ______18265 905______18741, 18742 95______18659 24 ______— 18736 907______18385, 18447, 18743 97______18314,18509 25 ______18265 910____ — ____ 18505 135______18585 171 ______18265 97x______18261 207______18274 172 ______18267 1064______18447 P roposed R u l e s : P roposed R u l e s : 1 1 2 1 ______18448 39______— 18475 1______18599 1126______—— ______18448 71______18476, 18746, 18749 4______18284 1425______18261 75______- ______18402, 18476 6______18284 1483______18505 207 ______18621 8______18284 Proposed R u l e s 208 ______18621 15-______18284 81______18745 212______18621 18______—— ____ 18284 723 ______18400 214______18621 123______;______18284 724 _ 18400 221______18749 295______18621 730______18286 21 CFR 905______18475 373— _____ - ______18621 916— 18618 378______18622 120______18370,18512, 18513 917_____ 18537 378a______18622 121 ______18269,18370,18458, 18666 953______135c______I— ______18458 18475 15 CFR 1006— - — 18618 135e______18666 1012— — 18618 368______18315 135g______18458 1013— 18618 369— 1______18316 141------18667 1040— 18401 370______. 18316 146a______18270 1120— 18287 372 ____ 18316 146b______— ______18272 1121— 18287 373 ______18316 146c______— ______18513 1126— 376______18317 18287 147______18669 1127— 386 ______18317 18287 148e______— ______18513 1128__ 18287 387 ______4118317 1129 ______18287 148f______18522 1130 ______18287 16 CFR 148j______18667 1136— 18621 501__ — ______18510 148t______18459 18790 FEDERAL REGISTER

21 CFR— Continued Page 30 CFR—Continued Page 43 CFR—Continued Paee P roposed R u l e s : P r o po sed R u l e s : P u b l ic L a n d O rders— Continued 3...... 18679 70...... 18671 4 9 4 9 ------18379 15------18530 4 9 5 0 - 18380 120 ______18531,18622 32 CFR 121 __ 18623 4 9 5 1 ------18380 125______18475 52...... 18371 49 5 2 ------18380 67 ______18277 49 5 3 ------18380 68 ______18277 23 CFR 49 5 4 ------18381 88______18277 1______J___ 18719 244______18277 49 55 ----- 18381 15______18719 269______18277 49 5 6 ------zr.--- 18381 20______18719 274______18277 49 57 - 18382 22 ______18719 1480______.•_»______18279 49 58 ------18595 1712______18313 24 CFR P roposed R u l e s : 203______— ___ 18522 32A CFR 28 50------18399 207______18523 BDC (Ch. V I): 213______18523 BDC Notice 3______18279 45 CFR 220 ______18523 DMS Order 4, Dir. 1______18527 P roposed R u l e s : 221 ______18523,18524 DM S Order 4, Dir. 2______18527 206— ______8__ i ____ — ____ 18402 232______18523 DPS Reg. 1______18528 234 ______18523 OIA (Ch. X ): 46 CFR 235 __ 18523 OI Reg. 1______18528 236 _____ 18524 310_____ H ______H ...... • 18264 241______18524 P roposed R u l e s : 350______| RHK___ | v ..... 18595 1000______18524 Ch. X ______18530 1100______18524 47 CFR 33 CFR 1914 ______18459 l ____ „ ■y ' . 18664 1915 ______18460 110______18374 73 _____ < _ .18596.18738 25 CFR 38 CFR 83______18665 95— ______18664 P roposed R u l e s : 3______18280,18661 15—____ 18392 36______18388 P roposed R u l e s : 1____ 18674 39 CFR 26 CFR 15— - i — ______— 18674 1______18587 125— ____ 18743 23— ______18624 13...... 18524 25— ____ 18624 20______18461 41 CFR 18625,18626,18678,18679 25______18461 73 „ 5A-73 ______18374 74 ______18625 31______18525 8-3— ______18375 48...... —...... — 18525 8-6_____ 18375 49 CFR P roposed R u l e s : 8-7— ______— ...... 18375 * 18467 1______18389, 18391, 18537, 18599 8-30___ 18376 l ______13______18391 ____ 18318 101-26— ______18593 7______181______18603 18276,18382 105-61______18737 171______18528 28 CFR 178 42 CFR 1033______18318,18319,18468 0______18467 45__ 18526 81— ______18527,18594,18662, 18737 P roposed R u l e s : P roposed R u l e s : 173 . _ 18534 29 CFR 81______18292, 18293 174. _ 18323 103— ..... 18370 177 _ 18323 526______18729 43 CFR 571 18295,18297,18402,18536 870______— 18526 „ 18476 1601______18661 18______— 18376 574_ 1249 . 18402 P roposed R u l e s : 2920______18663 1322_ _ 18751 5______18672 P u b l ic L an d O r ders: 5a______18672 243 (see PLO 4954)— ...... 18381 659 (revoked in part and modi­ 50 CFR 30 CFR 18319 fied by PLO 4949) — 18379 1 H 55 ______18587 23 ____ 18529 56 ______18589 3065 (seePLO 4956)______18381 4496 (seePLO 4956)...... 18381 33 18597. 18665, 18666, 18740, 18741 57 ...... I.____ 18591 18455 503...... 18274,18593 4948______18379 // know UNITED STATES GOVERNMENT ORGANIZATION yo u r M ANUAL -1970/71 OFFICE! OF THE FEDERAL REGISTER National Archives and Beoords Service General Services Administration

UNITED S T A T E S % GOVERNMENT ORGANIZATION MANUAL

1 9 7 0 / 7 1 presents essential information about Government agencies (up­ dated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, students, librarians, researchers, businessmen, and lawyers who need current official information about the U.S. Govern­ ment. The United States Government Organization Manual is the official guide to the functions of the Federal Government, published by the Office of the Federal Register, GSA.

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