FEDERAL REGISTER VOLUME 30 • NUMBER 27 Wednesday, February 10, 1965 • Washington, D.C. Pages 1831-1923 (

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^ \ . S 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, Nation FERERALffiREGISTER Archives and Records Service, General Services Administration (mail address Natio_ Area Code 202 Phone 963-3261 Archives Building, Washington, D.C. 20408), pursuant to the authority contained in Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., ch. 8B), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I ) . Distribution is made only by the Superintenaen of Documents, Government Printing Office, Washington, D.C. 20402. . The F ederal Register will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per year, payable advance. The charge for individual copies (minimum 15 cents) varies in proportion to the size of the issue. Remit check or mon y order, made payable to the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. nur. The regulatory material appearing herein is keyed to the Code of Federal Regulations, which is published, under 50 titles, P suant to section 11 of the Federal Register Act, as amended. The Code of F ederal Regulations is sold by the Superintende Documents. Prices of books and pocket supplements are listed in the first F ederal Register issue of each month. tions. There are no restrictions on the republication of material appearing in the F ederal Register or the C ode of F ederal Regulati Contents

AGRICULTURAL MARKETING FEDERAL COMMUNICATIONS Notices International Salt Co.; filing of SERVICE COMMISSION petition for food additive------1880 Proposed Rule Making Rules and Regulations Milk in Nebraska-Western Iowa Government space research earth GENERAL SERVICES marketing area; decision------1857 stations in support of Project ADMINISTRATION Apollo; limited access to certain AGRICULTURE DEPARTMENT band______1849 Notices Table of assignments, FM broad­ Secretary of Defense; authority See also Agricultural Marketing cast stations (4 documents)----- 1851, delegations (2 documents)----- 1894 Service. 1853-1855 Notices HEALTH, EDUCATION, AND Proposed Rule Making WELFARE DEPARTMENT Designation of areas for emer­ Fixed, mobile, and communica­ gency loans: tion-satellite services; shared See also Food and Drug Adminis­ Missouri------1880 tration. North Dakota, South Dakota, use of certain frequency bands. _ 1878 and West Virginia------1880 Frequency allocations and radio Rules and Regulations treaty matters__ 1878 Public contracts and property ATOMIC ENERGY COMMISSION Notices management; contract appeals. 1847 Notices Hearings, etc.:,; , HOUSING AND HOME Gross Broadcasting Co. and Regents of University of Cali­ California Western University FINANCE AGENCY fornia; issuance of construction of San Diego..—..—— 1883 See Public Housing Administra­ permit______1880 La Fiesta Broadcasting Co. and tion. Mid-Cities Broadcasting CIVIL AERONAUTICS BOARD Corpi__ 3— 1884INTERAGENCY TEXTILE Notices Radio Dispatch Service and ADMINISTRATIVE COMMITTEE Catalina Air Lines, Inc. ; mail Chapman Radio & Television rates; show cause order______1880 Co______—______- 1885 Notices IATA traffic conference; agree­ Symphony Network Association, Certain cotton textiles and prod­ ment regarding specific com­ Inc., and Chapman Radio and ucts thereof: modity rates______1881 Television Co.__ — .—1------1885 Korea; limitation of exports— 1895 Television San Francisco and Republic of China; entry and CUSTOMS BUREAU Jail Broadcasting Co., Inc.— 1881 withdrawal from warehouse— 1894 Tree Broadcasting Co— 1885 Rules and Regulations Triad Stations, Inc,, and Mar­ INTERIOR DEPARTMENT Merchandise transported in bond; shall Broadcasting Co_— 1881 See Land Management Bureau; labeling of packages.______1845 Tri-Cities Broadcasting Co. and National Park Service. Dawson County Broadcasting Corp. (2 documents) ___ 1882,1883 Notices FEDERAL AVIATION AGENCY Williams, C. H.; statement of Rules and Regulations FEDERAL MARITIME changes in financial interests. _ 1880 Control area extension, revoca­ COMMISSION tion, and designation of transi­ INTERNAL REVENUE SERVICE tion area______1835 Rules and Regulations Rules and Regulations Federal airway; alteration______1836 Shipping; oceangoing common Labeling and advertising of dis­ Objects affecting navigable air­ carriers and persons shipping tilled spirits; bourbon whisky.. 1846 space ______1837 for own account; practices------1849 Positive control areas; consolida­ INTERSTATE COMMERCE tion------1836 Notices Transition area; alteration_____ 1837 Agreements filed for approval: COMMISSION VOR Federal airways; alteration. 1836 Port of Seattle and Alaska Proposed Rule Making Steamship Co------1886 Baltimore, Md., commercial zone; Proposed Rule Making Port of Seattle and Matson redefinition______—,------1878 Control zone; alteration______1875 Navigation Co------1886 Control zones and transition South Atlantic and Gulf- Ports; Notices areas; alteration and designa- terminal practices; hearing..— 1886 Finance applications------1899 Fourth section applications for tion------I874 FEDERAL POWER COMMISSION Control zone, transition area, and relief------—------1921 control area extension; altera­ Notices Motor carrier: tion, designation, and revoca- Hearings, etc.: Alternate route deviation no­ tion. ______—______1873 Jupiter Corp. and Tennessee tices______I.— — ------1899 control zone, transition area, and Gas Transmission Co______1893 Applications and certain other Federal airway; designation Sunray DX Oil Co______1886 proceedings .(2 documents) — 1901, and alteration.______;_ 1875 1905 Federal airways: FOOD AND DRUG Brokér, water carrier and freight forwarder applica­ Designation___. _1______1876 ADMINISTRATION _ Designation and realignment.. 1876 tions______— —....— 1907 Jet route and Federal airway ; Rules and Regulations Transfer proceedings---- ...— . 1920 alteration ______1876 Statements of general policy or Western Traffic Association; ap­ Temporary restricted area; with- interpretations; amphetamine plication for approval of amend­ drawal of proposed designation. 1877 and methamphetamine inhalers ments to agreement..---- -— 1921 ransition area; alteration 1877 regarded as prescription drugs. 1845 (Continued on next page) _ 1833 1834 CONTENTS

LAND MANAGEMENT BUREAU POST OFFICE DEPARTMENT SECURITIES AND EXCHANGE Notices Rules and Regulations COMMISSION Arizona: Complaints, and third class mail; Notices Proposed withdrawal and reser­ postal law violations, and pay­ Hearings, etc.: vation of lands.______1879 ment of postage______Alabama Power Co. et al_____ 1896 Small tract classification; rev­ Proposed Rule Making ocation___ .1___'____ .____1879 Genesee Valley Gas Co., Inc 1897 Directors, Job Corps Conservation Exchange of unserviceable and Maser-Optics, Inc______1897 Centers, et al.; authority dele­ spoiled double postal c a rd s ..... 1872 Michigan Consolidated Gas Co. 1898 gation. __-----ii.— — ' 1879 Utah; proposed withdrawal and PUBLIC HOUSING SMALL BUSINESS reservation of lands. ______1879 ADMINISTRATION ADMINISTRATION Notices Rules and Regulations Description of agency and pro­ Administration; field offices_____ 1835 NATIONAL AERONAUTICS AND gram; amendment______1896 SPACE ADMINISTRATION TAX COURT OF THE Rules and Regulations UNITED STATES Foreign patent program____1844 Notices Special Division of the Court; des­ ignation------1898 NATIONAL PARK SERVICE TREASURY DEPARTMENT Proposed Rule Making See Customs Bureau; Internal Parks and monuments; aircraft-_ 1857 Revenue Service.

List of CFR Parts Affected (Codification Guide) The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today s issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1965, and specifies how they are affected.

7 CFR 21 CFR 41 CFR P roposed R ules: 3------—_------1845 3 -6 0 ______1847 1065______1857 46 CFR 13 CFR 27 CFR 510______- 1849 101—^ ______1835 5______1846 47 CFR 14 CFR 36 CFR 2 _ 1849 71 (5 documents)______1835-1837 73 (4 documents). . 185Ì, 1853-1855 77------1837 P roposed R ules: 74______1849 1245—_—._------_------; 1844 1—------______------1857 P roposed R ules: P roposed R ules: 2 v _ 1878 71 (8 documents)______1873-1877 2 1 . ______1878 73------— ------1877 39 CFR 2 5 _____— ______1878 75—------... ___ _ 1876 5------— ______1846 24—------*_____ 1846 49 CFR 19 CFR P roposed R ules: P roposed R ules: 18------—_------1845 31...______-----______------1872 170______1878

I Rules and Regulations

(5) Jackson, Miss., 39201, 322 U.S. Post (8) Sioux Falls, S. Dak., 57102, Leaders Office & Courthouse Building, Capital and Building, 109*4 North Main Avenue. Title 13— BUSINESS CREDIT West Streets. (9) Wichita, Kans., 67202, 215 Board of (6) Jacksonville, Fla., 32202, 47 West Trade Building, 120 South Market Street. AND ASSISTANCE Forsyth. (7) Louisville, Ky., 40202, 1900 Common­ (h) Pacific Coastal Area (San Fran­ Chapter I— Small Business wealth Building, Fourth and Broadway. cisco) : Administration (8) 'Miami, Fla., 33130, 912 Federal Office Regions [Arndt. 4] Building, 51 Southwest First Avenue. (1) Anchorage, Alaska, 99501, 304 Loussac- (9) Nashville, Tenn., 37219, Security Fed­ Sogn Building, Fifth and D. Streets, Post PART io i— ADMINISTRATION eral Savings & Loan Building, 500 Union Office Box 999. Street. (2) Honolulu, Hawaii, 96813, 1149 Bethel Field Offices Branch Street, Room 402. Knoxville, Tenn., 37902, 233 West Cumber­ (3) Los Angeles, Calif.,' 90013, 312 West Effective February 2, 1965, § 101.3 of land Building, 301 West Cumberland Avenue Fifth Street. Part 101, as amended (27 F.R. 6777, 27 (Reporting to Nashville R /O ). (4) Phoenix, Ariz., 85004,/Central Towers F.R. 12919), is further amended by re­ Building, 2727 North Central Avenue. vising the entire section to read as fol­ (e) Midwestern Area (Chicago): (5) Portland, Oreg., 97205, 330 Pittock Block, 921 Southwest Washington Street. lows: Regions (6) San Francisco, Calif,, 94102, Federal § 101.3 Field offices. (1) Chicago, Till., 60604, Federal Office Building, 450 Golden Gate Avenue* Box 36044. Building, 219 South Dearborn Street, Room (7) Seattle, Wash., 98104, 1206 Smith (a) Northeastern Area (Boston): 437. Tower, 506 Second Avenue. Regions (2) Des Moines, Iowa, 50309, 850 Insurance (8) Spokane, Wash., 99201, American Exchange Building, Fifth and Grand Avenue. Legion Building, Room 300, North 108 Wash­ (1) Augusta, Maine, 04330, 114 Western (3) Detroit, Mich., 48226, 1200 Book Build­ ington Street. Avenue. ing, 1249 Washington Boulevard. Branches (2) Boston, Mass., 02210, Sheraton Build­ (4) Indianapolis, Ind., 46204, Century ing, 470 Atlantic Avenue. Building, 36 South Pennsylvania Street. (1) Agana, Guam, 96910, Ada Plaza Center (3) Concord, N. H., 03301, 18 School Street./ (5) Kansas City, Mo., 64106, 911 Walnut Building, Post Office Box 927 (reporting to (4) Hartford, Conn., 06103, Federal Office Street. Honolulu R/O). Building, 450 Main Street. (6) Madison, Wis., 53703, Commercial State (2) San Diego, Calif., 92104, 3969 Ohio (5) Montpelier, Vt., 05601, Federal Build­ Bank Building, 114 North Carroll Street. Street (reporting to Los Angeles R /O ). ing, Post Office and Courthouse, Second Floor, (7) Minneapolis, Minn., 55402, Lewis State Street. Building, 603 Second Avenue South. (i) Reporting to Washington: (6) Providence, R.I., 02903, 611 Smith (8) St. Louis, Mo., 63103, 2469 Federal Region Building, 57 Eddy Street. Building, 152Q Market Street. Santurce, P.R., 00908, San Alberto Condo- (b) New York Area (New York City): Branch minio Building, 1200 Ponce de Leon Avenue, Regions ; Marquette, Mich., 49855, 502 West Kaye reporting to Santurce, P.R. (1) New York, N.Y., 10004, 42 Broadway. Avenue (Reporting to Detroit R/O). Branch (2) Syracuse, N.Y., 13202, Chimes Build-, (f) Southwestern Area (Dallas): St. Thomas, U.S. Virgin Islands, 00802, ing, 500 South Salina Street. Post Office Box 806. Regions Branch (1) Albuquerque, N. Mex., 87101, 102 U.S. Dated: February 2,1965. Buffalo, N.Y., 14203, Federal Building, 121 Courthouse, Fifth and Gold Streets, South­ Eugene P. F oley, Ellicott Street, Room 9 (reporting to Syra­ west. Administrator. cuse R/O). (2) Dallas, Tex., 75202, United Fidelity Life (c) Middle Atlantic Area (Philadel­Building, 1025 Elm Street. [F.R. Doc. 65-1381; Filed, Feb. 9, 1965; (3) Houston, Tex., 77002, 802 Federal Of­ 8:45 a.m.] phia) : fice Building, 201 Fannin Street. Regions ...... (4) Little Rock, Ark., 72201, 377 Post Of­ (1) Baltimore, Md., 21202, 521 Calvert fice and Courthouse Building, 600 West Capi­ Building, Fayette and St. Paul Streets. tal Avenue. Title 14— AERONAUTICS AND (2) Clarksburg, W. Va., 26301, Old Post (5) Lubbock, Tex., 79401, 204 Federal Of­ Office Building, 227 West Pike Street. fice Building, 1616 19th Street. (3) Cleveland, Ohio, 44113, Standard (6) Marshall, Tex., 75670, Marshall Na- SPACE Building, 1370 Ontario Street. tional Bank, 101 East Austin Street. (4) Columbus, Ohio, 43215, Beacon Build- (7) New Orleans, La., 70130, 845 Federal Chapter I— Federal Aviation Agency tog, 50 West Gay Street. Office Building (South), 610 South Street. (5) Newark, N.J., 07102, 10 Commerce (8) Oklahoma City, Okla., 73102, 807 U.S. SUBCHAPTER E— AIRSPACE Court. Post Office Building, Third and Robinson. [Airspace Docket No. 64-SO-56] (8) Philadelphia, Pa., 19107, Jefferson (9) San Antonio, Tex., 78204, 412 Kal- Building, 1015 Chestnut Street. lison Building, 434 South Main Avenue. PART 71— DESIGNATION OF FEDERAL (7) Pittsburgh, Pa., 15222, Federal Build­ (g) Rocky Mountain Area (Denver): AIRWAYS, CONTROLLED AIRSPACE, ing, 1000 Liberty Avenue. AND REPORTING POINTS (8) Richmond, Va., 23226, Post Office Box Regions 8565, 1904 Byrd Avenue. Revocation of Control Area Extension . ^ Washington, D.C., 20417, 1325 K Street (1) Boise, Idaho, 83702, Room 408, Idaho NW„ 1st Floor. Building, 216 North Eighth Street. and Designation of Transition Area (2) Casper, Wyo., 82601, 301 O & S Build­ (d) Southeastern Area (Atlanta) ing, 128 East Second Street. On November 7, 1964, a notice of pro­ posed rulemaking was published in the Regions (3) Denver, Colo., 80202, Railway Ex­ change Building, 909 17th Street. F ederal R egister (29 F.R. 15092) stating ^ 1 ) Atlanta, Ga„ 30303, 52 Fairlie £ (4) Fargo, N. Dak.^58102, 300 American that the Federal Aviation Agency pro­ Life Building, 207 North Fifth Street. posed to revoke the control area exten­ Ala., 35203, New (5) Helena, Mont., 59601, Post Office Box sion and designate a transition area at A™«fal ®avings & Boan Building, 2030 1690, 205 Power Block, Corner Main and Sixth Avenue North. Greenville, Miss. Avenue. Interested persons were afforded an NC- 28202. Amc (6) Omaha, Nebr., 68102, 7425 Federal uffding, 201 South Tryon Street. Building, 215 North 17th Street. opportunity to participate in the rule- (7) Salt Lake City, Utah, 84111, 2237 Fed­ making through submission of comments. Street C° 1Umbia' S,C- 29201 * 1801 Assi eral Building, 125 South State Street. All comments received were favorable. 1835 1836 RULES AND REGULATIONS

In consideration of the foregoing, Part a. In V-2 “including an S alternate via [Airspace Docket No. 63-WA-100] 71 of the Federal Aviation Regulations.is INT Muskegon 137° and Tensing 277° amended effective 0001 e.s.t., May 27, radials; to Salem, Mich.," is deleted and PART 71 — DESIGNATION OF FEDERAL 1965, as hereinafter set forth, “including an S alternate from Muskegon AIRWAYS, CONTROLLED AIRSPACE 1. Section 71.165 (29 F.R. 1073) is to Lansing via INT of Muskegon 154° and AND REPORTING POINTS amended by revoking the Greenville, Grand Rapids, Mich., 284° radials, and Miss., control area extension. Grand Rapids; Salem, Mich.,” is sub­ Consolidation of Positive Contro) 2. Section 71.181 <29 F.R. 1160) is stituted therefor. Areas amended by adding the following transi­ b. In V-193 “INT of Pullman 029° and tion .area: . j , ini**: The purpose of this amendment to White Cloud, Mich., 176° radials;” is . § 71.193 is to consolidate the several posi­ Greenville, Miss. '<• deleted and “INT of Pullman 029° and tive control areas into one area to be That airspace extending upward from 700 White Cloud, Mich., 168° radials;” is sub­ known as the continental positive con­ feet above the surface within a 5-mile radius stituted therefor. trol area. -- of the Greenville Municipal Airport (latitude c. V-274 is amended to read “From Designation of the several positive con­ 33°29'05" N., longitude 90°59'06" W.) and Pullman, Mich., via Grand Rapids, Mich, trol areas was accomplished necessarily within 2 milea each side of the Greenville to Saginaw, Mich.” on a piecemeal basis. A limited number VOR 006°, radial extending from the 5-mile d. In V-285 “to Grand Rapids.” is de­ of changes will be made in the future; radius area to 8 miles N of the VOR; includ­ leted and “Grand Rapids; to White ing that airspace extending upward from however, it is appropriate to make the 1,200 feet above the surface within 8 miles Cloud, Mich.” is substituted therefor. editorial change now to eliminate unnec­ W and 5 miles E of the Greenville VOR 006° (Sec. 307(a) of tbe Federal Aviation Act of essary descriptions which make up the and 186 s radials extending from 12 miles 1958; 49 U.S.C. 1348) area herein described. This action does N to 4 miles S of the VOR. Issued in Washington, D.C., on Feb­ not alter the designated area wherein (Sec. 307(a) of the Federal Aviation Act of ruary 3,1965. positive control is provided. 1958; 49 U.S.C. 1348(a)) H. B. H elstrom, Since this amendment is editorial in Acting Chief, Airspace Regulations nature, notice and public procedure Issued in East Point, Ga.» on February hereon are impracticable and unneces­ 2, 1965. and Procedures Division. sary. Arvin O. B asnight, [F.R. Doc. 65-1383; Filed, Feb. 9, 1965; In consideration of the foregoing, the Director, Southern Region. 8:45 a.m.] following action is taken: [F.R. Doc. 65-1382; Filed, Feb. 9, 1965; Section 71.193 (29 FR. 17707) Is 8:45 a.m.] [ Airspace Docket No. 64-WA-93 ] amended to read : PART 71— DESIGNATION OF FEDERAL § 71.193 Designation of Positive Con­ [ Airspace Docket No. 64-CE-70] trol Areas. AIRWAYS, CONTROLLED AIRSPACE, PART 7 1— DESIGNATION OF FEDERAL AND REPORTING POINTS The parts of airspace described below AIRWAYS, CONTROLLED AIRSPACE, are designated as positive control areas: AND REPORTING POINTS Alteration of Federal Airway Continental positive control area. The purpose of this amendment to That airspace within the continental con­ Alteration of VOR Federal Airways trol area from flight level 240 to and includ­ Part 71 of the Federal Aviation Regula­ ing flight level 600 bounded by a line begin­ On November 20,1964^ a notice.of pro­ tions is'to redesignate the segment of ning at latitude 48°30'00" N„ longitude posed rule-making was published in the VOR Federal airway No. 176 between 124<’45,00" W.; thence along the United F ederal R egister (29 F.R. 15581) stating Hamilton, Ala,, and Birmingham, Ala. States/Canadian border to latitude 48° 17’00 that the Federal Aviation Agency was The realignment of V-176 from Hamil­ N., longitude 123°13'00” W.; thence to lati­ considering amendments to Part 71 of ton via the intersection of the Hamilton tude 48°25'00" N., longitude 123°17'00" W.; the Federal Aviation Agency that would 122° and the Birmingham 298° True thence to latitude 48°27'00" N., longitude radials to Birmingham is necessary in 123°07'00" W.; thehce to latitude 48°37W' realign segments of VOR Federal air­ N., longitude 123° 12'00" W.; thence to lati­ ways Nos. 2S, 193 and 285 and realign order to provide the required 15° angular tude 48°55'30" N., longitude 123°05'00'' W.; No. 274 to permit use of the Grand Rap­ separation between V-176 and V-176N at thence to latitude 48°55'30" N., longitude ids, Mich,, VOR in these airways. the Birmingham VORTAC. 122°02'00" W.; thence to latitude 49°00'OQ'' Interested persons were afforded an Since the maximum deviation of the N„ longitude 121°48'00" W.; thence along opportunity to participate in the pro­ new alignment from the present desig­ the United States/Canadian border to lati­ posed rule making through the submis­ nation is approximately 2 miles to the tude 49°00'00" N„ longitude 100°00'00” W.; sion of comments. All comments re­ SW and the entire new designation is thence to latitude 46 ° QO'OO' ' N„ longitude within airspace that is presently con­ 100°00'00" W.; thence to latitude 45°56’30" ceived were favorable. - N„ longitude 101° 00'00" W.; thence to lati­ Subsequent to the publication of the trolled, this-alteration is minor in nature tude 44°37'00" N., longitude 101°00'00" W.; notice, it was determined that in order and notice and public procedure hereon thence to latitude 44°20’00" N., longitude to achieve maximum efficiency of the re­ are unnecessary. 101°00'00" W.; thence to latitude 43°30'00" quired airspace in the Grand Rapids In consideration of the foregoing, Part N., longitude 100°26'00" W.; thence to lati­ area, V-2 south and V-193 should inter­ 71 of the Federal Aviation Regulations tude 43°30'00" N., longitude 97°17'00'' W.; sect over the west course of the Grand is amended, effective 0001 e.s.t., April 29, thence to latitude 43°35'30" N., longitude 1965, as hereinafter set forth. 97'*23'30" W.; thehce to latitude 46°07'30" Rapids ILS localizer. Therefore, the al­ longitude 96°47'30" W.; thence to lati­ teration of V-2S, as proposed in the no­ In 1 71.123 (29 F.R. 17509), V-176 is tude 46°27'30" N., longitude 95°35'0Q" W.; tice, is revised by using the Muskegon, amended by deleting ‘‘to Birmingham, thence to latitude 47°33'00" N., longitude Mich., 154° True radial in lieu of the 152° Ala.” and substituting therefor “INT of 92°19'00" W.; thence to latitude 47°35’30" True radial. Since this change is minor Hamilton 122° and Birmingham, Ala., N., longitude 91°19'00" W.; thence to lati­ 298° radials to Birmingham.” tude 46°42'00” N., longitude 89°45'00'' W.; in nature, notice and public, procedure thence to latitude 45°50'00" N., longitude hereon are unnecessary and action is (Sec. 307(a) of the Federal Aviation Act of 1958; 49 U.S.C. 1348) 89°45'00" W.; thence to latitude 44°50'00'' taken herein to reflect the change. N., longitude 88°00'00" W.; thence to lati­ In consideration hf the foregoing, Part Issued in Washington, D.C., on Febru­ tude 44°09'Ô0"; N., longitude 85°18'00" W.; thehce to latitude 43°52'00" N., longitude 71 of the Federal Aviation Regulations ary 3,1965. 84°10'00" W.; thence to latitude 43“52'00 is amended, effective 0001 e-s.t., April 29, H. B. H elstrom, N., longitude 82 ° 11'20” W.; thence along the 1965, as hereinafter set forth. Acting Chief, Airspace Regulations United States/Canadian border to latitude In § 71.123 (29 FR. 17509) , VOR Fed­ and Procedures Division. 45°01'00" N„ longitude 71 °29 '00" W.; thence eral airways Nos. 2,193, 274, and 285 are to latitude 45°17'00" N., longitude 71°20'lu [F.R. Doc. 65-1384; Filed, Feb. 9. 1965; W.; thence to latitude 45°17'20" N., longitude amended as follows: 8 :45 a m.] 71*16'00" W4 thence along the Umtea Wednesday, February 10, 1965 FEDERAL REGISTER 1837 States/Canadian border to latitude 45°18'10" In § 71.181 (29 F.R. 5316), the Coeur nary slope of 100 to 1 extending from the N., longitude 71°05'40" W.; thence to latitude d’Alene, Idaho, transition area is amend­ property line of an airport listed in the 45°19'00” N., longitude 70°56'00" W.; thence ed to read: “Airport Directory” of the Airman’s In­ along the United States/Canadian border to formation Manual. The property line latitude 45°19'55” N., longitude 70° 49'00” Coeur d'Alene, Idaho was selected as a point of beginning be­ W.; thence to latitude 45o20'40” N., longi­ That airspace extending upward from 700 cause of its greater availability to the tude 70°39'30" W.; thence to latitude feet above the surface within a 5-mile radius 45°40'40'' N., longitude 70°30'30" W.; thence of Coeur d’Alene Air Terminal (latitude public. This feature appears to be an along the United States/Canadian border to 47°46'30” N., longitude 116°49'05” W.); inadequate substitute for the most ap­ latitude 45°19'55” N., longitude 70°49'00” within 2 miles each side of the 072° and propriate point of beginning, that is, the W.; thence to latitude 45°20'40'' N., longi­ 252° bearings from the Coeur d’Alene RBN, nearest point of the runway nearest to tude 67°46'30” W.; thence to latitude extending from the 5-mile radius area to 8 the site of the proposed structure. The 45°27'00" N., longitude 67°29'00” W.; thence miles W of the RBN, and within 2 miles each use of this point also fixes the elevation along the United States/Canadian border to side of the 186° bearing from the Coeur of the beginning of the pertinent imag­ latitude 44°48'00” N„ longitude 66°53'00” d’Alene RBN, extending from the RBN to inary slope at the elevation of that W.; thence via a line three nautical miles 10 miles S of the RBN. from the coastline to latitude 44<’01'00” N., nearest point., In addition, the scope of longitude 69<’01'00” W.; thence to latitude (Sec. 307(a) of the Federal Aviation Act of the notice requirement has been sub­ 43°47'48” N., longitude 69°23'20” W.; thence 1958, as amended; 49 U.S.C. 1348) stantially reduced. The horizontal dis­ via a iin<» 3 nautical miles from the coastline Issued in Los Angeles, Calif ., on Febru­ tance of the 100 to 1 slope has been re­ to latitude 43°09'31” N., longitude 70°31'24” stricted to 20,000 feet and will now be W.; thence to latitude 43°07'40” N., longi­ ary 2,1965. tude 70°32'45” W.; thence to latitude W illiam R. K rieger, applied only to airports with the longest 43°03'16” N., longitude 70°36'17” W.; thence Acting Deputy Director, runway more than 3,200 feet in length. to latitude 42°57'43” N., longitude 70°41'49” Western Region. For airports with the longest runway W.; thence via a line 3 nautical miles from 3,200 feet or shorter, a 50 to 1 slope is the coastline to latitude 41°59'10” N., longi­ [F.R. Doc. 65-1386; Filed, Feb. 9, 1965; prescribed for a horizontal distance of tude 70°32'10” W.; thence to latitude 42° 8:45 a.m.] 10,000 feet. The FAA directory fur­ 05'45” N., longitude 70°17’50” W.; thence nishes the length of the longest runway via a line 3 nautical miles from the coastline [Regulatory Docket No. 1882] at each airport. The notice requirement to latitude 41°29'54” N., longitude 70°30'26” for heliports now has a horizontal slope W.; thence to latitude 41°26'24” N., longi­ PART 77— OBJECTS AFFECTING tude 71°05'36” W.; thence via a line 3 nau­ of 25 to 1 extending for 5,000 feet. tical miles from the coastline to latitude 41 ° NAVIGABLE AIRSPACE These notice requirements are made 16'30” N., longitude 71°47’35” W> thence to This revision of Part 77 of the Federal applicable for airports which are either latitude 41°Q4'50” N., longitude 71<>47'25” listed in the directory or are operated by W.; thence to latitude 41°01'20” N., longi­ Aviation Regulations relaxes and simpli­ a Federal military agency. We have de­ tude 71°50'45” W.; thence via a line 3 nau­ fies the requirements for notice to the termined that military airports need not tical miles from the coastline to latitude 26° Agency of certain proposed structures, 42'30” N., longitude 97°16'00” W.; thence to consolidates obstruction standards for be included in the directory in view of latitude 26°37'45” N., longitude 97°34'00” use in thè several Agency programs, and their listing in military publications and W.; thence to latitude 26°30'00” N„ longi­ streamlines the Agency procedures for the fact that their presence is generally tude 99°06'10” W.; thence along the United determining the effect of proposed struc­ well known to people living or owning States/Mexico border to latitude 32° 31'00” property in their vicinity. In those cases N., longitude 117°11’00” W.; thence via a tures on air navigation. where the boundaries of a runway of an line 3 nautical miles from the coastline to The proposed revision was published in airport, including a seaplane base, are latitude 48°25'00” N„ thence to the point of the F ederal R egister (28 F.R. 7788- beginning, excluding the Santa Barbara Is­ 7795) on July 31, 1963. Extensive com­ not designated, the notice requirement lands, Farallon Island, and the portion south ments were received from aeronautical of § 77.13(a) (2) will, obviously, not be of latitude 25°04'00” N. applicable. However, the notice require­ and nonaeronautical sources which en­ ment would apply to those airports which This amendment shall become effective dorsed generally the changes under con­ have large sod, or other unpaved areas 0002 e.s.t., March 4,1965. sideration. These comments were very constructive in nature and the Agency designated for the take-off and landing (Sec. 307(a) of the Federal Aviation Act of appreciates the cooperative spirit in of aircraft. Those areas constitute the 1958; 49 U.S.C. 1348) which they were submitted. Since the runways from which the notice slope is Issued in Washington, D.C., on Febru­ discussion here must necessarily be a computed. Also, the directory will not ary 3,1965. list those airports constructed after limited review and explanation of the December 31, 1958, which were the sub­ H. B. Helstrom, principal actions being taken, the Agency Acting Chief, Airspace Regulations ject of a determination by the Agency is unable to give specific recognition to that their establishment was not accept­ and Procedures Division. each comment. However, each person able and would have an adverse effect on [F.R. Doc. 65-1385; Filed, Feb. 9, 1965; who participated may be assured that the efficient use of airspace and the 8:45 a.m.] full consideration was given to his recommendations. safety of aircraft. The first noteworthy departure in this While this amendment simplifies the [Airspace Docket No. 64-WE-65] •current notice requirements, it is recog­ amendment from the revisions originally nized that many construction proponents PART 71— DESIGNATION OF FEDERAL proposed relates to the statement in Subpart. A—General on the lack of ap­ may nevertheless experience difficulty in AIRWAYS, CONTROLLED AIRSPACE, plication of Subparts B, D, and E to con­ ascertaining whether they are required AND REPORTING POINTS to notify the Agency of their proposed struction work begun before July 15,1961. structures. The Airspace Utilization Alteration of Transition Area This has been deleted as unnecessary and possibly misleading. The extensive Branch in each FAA regional office is On December 11,1964, a notice of amendments made by this revision to all staffed with technicians who are avail­ Posed rule making was published in portions of Part 77 will take effect at the able to inform any interested person of federal Register (29 F.R. 16997) sta effective date provided herein. Notices the effect of these notice requirements on that the Federal Aviation Agency received after this date will be processed a specific construction proposal. These posed t° alter the Coeur d’Alene, Id under the provisions of Part 77 as re­ technicians will also describe the air­ transition area. vised. Aeronautical studies begun prior space assignments and aeronautical op­ ™i.nt<:res!'ed Persons were afforded to this effective date will be continued erations in the area of the construction PPortunity to participate in the under the new provisions. site so that the proponent may make an aking through submission of comm« informed decision on the feasibility of Public reaction to the proposed revi­ the site and the availability of other comments received were favor: sions of the notice requirements disclosed areas which may "'serve his purpose 71 n.c

which excuses certain construction and formance of the statutory functions au­ criteria are developed, civil airport cri­ alteration proposals from the notice re­ thorized by the Federal Aviation Act and teria will apply at such military airports quirements indicates a further explana­ the Federal Airport Act should result in Also, pending development of these cri­ tion would be in order. The shielding the least possible disruption of the per­ teria, the military standards for the provision adopted here is more restric­ formance of those functions. - 2,000-foot width of primary surface will tive than the one previously employed. The obstruction standards now pre­ apply only to runways longer than 5,000 This limitation was found necessary be­ sented in Subpart C are less stringent feet. The Agency will study the military cause of the unjustified extension of the than those contained in the notice of criteria to determine their potential earlier provision by certain construction proposed rulemaking. The 200-foot adaptability to civil airports and their proponents. As adopted, the shielding limiting height pf § 77.23(a) is now to appropriate consolidation with the civil exemption is applicable only in the con­ be applied only within 3 statute miles of criteria. gested areas of cities, towns, and settle­ an airport with its longest runway more The presence of two sets of criteria, ments, and then only to structures so than 3,200 feet in length, rather than applicable to civil and military airports] shielded that they could not possibly the proposed 5 statute miles. While will not result in inconsistent conclu­ derogate the safety of air navigation^. It there is an additional limiting height, sions in the aeronautical studies on should be emphasized that this provision beginning at 100 feet within instrument whether a proposed structure would be a does not represent the Agency shielding approach areas within 3 miles of the end hazard to air navigation. These deter­ criteria. £ It only relates to the exception of the runway and increasing to a maxi­ minations are not controlled by the ex­ from the notice requirements. Upon re­ mum of 250 feet within, 10 miles from tent to which such a structure may ex­ ceiving the required notice, the Agency the runway end, this height is largely ceed a civil or military obstruction conducts an appropriate aeronautical duplicative of other limiting heights or standard but, rather, upon the possible study of-the proposed structure and, in surfaces and does not constitute a sub­ hazardous effect of the structure on air the course of that study, determines stantial addition to the standard pre­ navigation. A “hazard” or “no hazard” whether it would be, in fact, shielded. viously considered. We might note, in determination is reached after a review The provisions describing the Agency explanation of the use of the term “run­ of the VFR and IFR operations and pro­ acknowledgment of notices of construc­ way” here, that this term is now used cedures involved, both present and pro­ tion proposals have been further simpli­ exclusively throughout the part, and the spective. Each study not only includes a fied. The acknowledgment will advise term “landing strip” has been deleted review to determine whether the con­ each construction sponsor on two sub­ to eliminate a possible ambiguity. struction proposal might be so altered in jects, the possible application of the In §§ 77.25 and 77.27, criteria are pro­ location or height that it would not ex­ Agency marking and lighting standards, vided for all civil airports, including ceed an obstruction standard but, also, and whether the proposed structure may those constructed to “VFR Airports” a review to ascertain if the structure be a hazard to air navigation. On the standards. These standards are cur­ could be accommodated by adjustment first, the acknowledgment advises rently contained in the Advisory Circu­ of the aeronautical procedures. Thus, whether the construction proposal would lar 150/5300-1, “VFR Airports,” and are there may be a substantial difference be­ be of a type included under the provi­ prescribed for airports constructed to tween a construction proposal which sions of the PAA Manual on “Obstruc­ serve only aircraft operating under the would exceed an obstruction standard tion Marking and Lighting" and, if so, visual flight rules. The horizontal and and one which is determined, as the how the structure should be marked and conical airport imaginary surfaces pro­ result of the aeronautical study, to be a lighted. On the hazard question, the vided in § 77.25 with respect to airport hazard to air navigation. acknowledgment will generally state reference points are classified for (1) The airport imaginary surfaces pro­ whether the construction or alteration “VFR Airports,” and (2) other airports posed for heliports have been substan­ would exceed any of the obstruction in accordance with the planned length of tially^ revised for compatibility with the standards of Subpart C and will either the longest runway at each such airport. current “Heliport Design Guide.” The include a determination on whether the The airport imaginary surfaces pre­ primary surfaces coincide in size and structure would be a hazard to air navi­ scribed in § 77.27 based on runways, ex­ shape with the takeoff and landing area gation or advise that further study is re­ cept those for “VFR Airports,” have been of each heliport. The designated ap­ quired to resolve the question. In the reclassified so that their sizes depend proach clearance surfaces begin at the relatively few cases where the structure upon whether the runway is equipped edge(s) of the primary surface and ex­ would exceed an obstruction standard with a precision landing aid, such as an tend outward and upward at a slope of and, in addition, would be located within instrument landing system. Runways 8 to 1. The approach surface is a a runway clear zone or the part of the having instrument approach procedures trapezoid whose inner width is coin­ primary surface extending beyond the based upon such facilities as a VOR, ADF, cident with the width of the primary end of a runway, the acknowledgment ASR, low frequency range, or TACAN aré surface and which extends to the mini­ advises that the structure would be a now provided with the same type sur­ mum enroute altitude where its width hazard to air navigation. As indicated faces as runways used only for VFR is 500 feet. Transitional Surfaces ex­ by this discussion, we have determined operations, except those on “VFR Air­ tend outward and upward at a slope of 2 not to substitute the phrase “adverse ef­ ports.” to 1 from the lateral boundaries of each fect on air navigation” for “hazard to air The Department of Defense has for­ primary surface and approach surface navigation.” The Agency review of this warded obstruction criteria which differ for a horizontal distance of 250 feet from portion of the proposal and the com­ from those applied here for civil airports. the centerline of these surfaces. ments received with respect to it have The Department has requested that the . One bf the minor revisions of the ob­ disclosed that the “hazard” terminology criteria be incorporated into Part 77 for struction standards made here might is preferable. application at military airports, except also be mentioned. The proposed ad­ The obstruction standards adopted heliports, controlled by components of dition of a 17-foot height to a highway here differ in many respects from those the Department of Defense, where the prior to the application of the obstruc­ originally proposed. Upon review of the longest runway exceeds 5,000 feet. The tion criteria evoked several protests. comments, the Agency has determined Department advises that these separate The 17-foot clearance was proposed as a that the obstruction criteria most appro­ criteria are required at military airports compatible measure with current Federal priate for promulgation at this time for because of the operating characteristics policy for interstate highways. To civil airports, including joint-use air­ of certain military aircraft, the necessity avoid an unnecessary extension of this ports, should be drawn more directly for low-altitude maneuvering and forma­ policy, the standard here has been ad­ from the existing Technical Standard tion takeoffs, the more stringent aircrew justed to permit application of the cur­ Order TSO-N18, “Criteria for Determin­ training, and the armament and ord­ rent 15-foot figure to highways which ing Obstruction to Air Navigation.” In nance-carrying requirements of the will not be used by the higher vehicles. view of the substantial length of time military. Accordingly, these criteria are In addition, we have added a provision that the TSO-N18 criteria have been, stated herein in § 77.28. The Depart­ which removes the requirement for the employed for civil aviation purposes, the ment is developing criteria for applica­ addition of any figure, 15 feet or 17 feet, adoption of these criteria as the consoli­ tion at military airports with shorter to a traverse way which Is under the co­ dated Agency criteria for use in the per- runways than 5,000 feet: and until these ordinated traflic control of the airport 1839 Wednesday, February 10, 1965 FEDERAL REGISTER § 77.3 Standards. management or the air traffic control Subpart A— General Sec. (a) The standards established in this 77.1 Scope. We might conclude this brief refer­ _77.3 Standards. part for determining obstructions to ence to some of the salient features of 77.5 Kinds of objects affected. air navigation are used by the Admin­ the obstruction standards of Subpart C istrator in: by emphasizing this subpart may be ap­ Subpart B— Notice of Construction or Alteration (1) Administering the Federal-aid plied with respect to air navigation facil­ 77.11 Scope. Airport Program and the Surplus Air­ ities planned for future installation or 77.13 Construction or alteration requiring port Program; alteration and to planned uses of the notice. (2) Transferring property of the 77.15 Construction or alteration not requir­ United States under section 16 of the navigable airspace by aircraft if that ap­ ing notice. plication would result in a lower limiting 77.17 Form and time of notice. Federal Airport Act; height or surface. This point is of par­ 77.19 Acknowledgment of notice. (3) Providing technical advice and as­ ticular significance in regard to an air­ sistance in the design and development port since it includes all runway exten­ Subpart C— Obstruction Standards of airports; and sions and other improvements which 77.21 Scope. (4) Imposing requirements for public may be contained in the approved air­ 77.23 Standards for determining obstruc­ notice of the construction or alteration tions. of any structure where notice will pro­ port layout plan. 77.25 Civil airport imaginary surfaces re­ The revisions in the procedures for lated to airport reference points. mote air safety. the conduct of aeronautical studies, pub­ 77.27 Civil airport imaginary., surfaces re­ (b) The standards used by the Ad­ lic hearings on the effect of proposed lated to runways. . ministrator in the establishment of structures on the navigable airspace, and 77.28 Military airport imaginary surfaces. flight procedures and aircraft opera­ the establishment of antenna farm areas 77.29 Airport imaginary surfaces for heli­ tional limitations are not set forth in have been adopted substantially as pro­ ports. this part but are contained in other posed. Section 77.37 has been broad­ publications of the Administrator. ened to make available a review by the Subpart D— Aeronautical Studies of Effect of Administrator of each decision by a re­ Proposed Construction on Navigable Airspace § 77.5 Kinds of objects affected. gional director on the effect of a pro­ 77.31 Scope. This part applies to: posed structure on air navigation, in­ 77.33 Initiation of studies. (a) Any object of natural growth, cluding “no hazard” determinations 77.35 Aeronautical studies. terrain, or permanent or temporary made without notice to any possible in­ 77.37 Discretionary review. construction or alteration, including terested aeronautical source. While de­ 77.39 Effective period of determination of equipment or materials used therein, and cisions of this type are only made in no hazard. apparatus of a permanent or temporary cases where the available evidence Subpart E--—Rules of Practice for Hearings Under character; and clearly indicates that air safety would Subpart D (b) Alteration of any permanent or not be affected by the construction, this 77.41 Scope. temporary existing structure by a review procedure is nevertheless pro­ 77.43 Nature of hearing. change in its height (including appur­ vided to insure against possible error. 77.45 Presiding officer. tenances) , or latéral dimensions, includ­ 77.47 Legal officer. ing equipment or materials used therein. The effective period fixed in § 77.39 for 77.49 Notice of hearing. a determination of no hazard has been 77.51 Parties to the hearing. Subpart B—-Notice of Construction or extended in recognition of the time nec­ 77.53 Prehearing conference. essary for the processing by the Federal 77.55 Examination of witnesses. Alteration Communications Commission of an ap­ 77.57 Evidence. plication for a construction permit and 77.59 Subpoenas of witnesses and exhibits. § 77.11 Scope. the issuance of that permit. Appropri­ 77.61 Revision of construction or alteration (a) This subpart requires each person ate safeguards for the protection of air proposal. proposing any kind of construction or 77.63 Record of hearing. navigation have been attached to this 77.65 Recommendations by parties. alteration described in § 77.13(a) to give extension of time. 77.67 Final decision of the Administrator. adequate notice to the Administrator. The comments in response to the notice 77.69 Limitations on appearance and rep­ It specifies the locations and dimensions of proposed rulemaking included a num­ resentation. of the construction or alteration for ber of recommendations for Agency ac­ which notice is required and prescribes tion beyond the authority contained in Subpart F—-Establishment of Antenna Farm the form and manner of the notice. It the Federal Aviation Act of 1958. That Areas 77.71 Scope. also requires supplemental notices 48 Act does not contain a basis for the man­ 77.73 General provisions. hours before the start and upon the datory marking and lighting of struc­ 77.75 Establishment of antenna farm areas. completion of certain construction or tures to warn pilots of aircraft of those alteration that was the subject of a structures. Neither does it contain spe­ Au th o rity : The provisions of this Part ^potice under § 77.13(a). cific authorization for regulations which 77 issued under secs. 104, 307, 313, 1001, and < (b) Notices received under this sub­ would limit the heights of structures. 1101 of the Federal Aviation Act of 1958; 49 part provide a basis for: To date, no judicial decision has been U.S.C. 1304, 1348, 1354, 1431, 1501. (1) Evaluating the effect of the con­ Issued on the extent to which ground Subpart A— General struction or alteration on operational structures may constitute an unlawful procedures and proposed operational interference with the public right of free­ § 77.1 Scope. procedures; dom of transit through the navigable (2) Determinations of the possible airspace recognized in section 104 of the This part; hazardous effect of the proposed con­ Act. Until authoritative guidance is re- (a) Establishes standards for deter­ mining obstructions in navigable air­ struction or alteration on air naviga­ ce"f^ °n that point or express legislative tion; authority is conferred, the Agency meas- space; (3) Recommendations for identifying ufes *h the field of ground hazards to (b) Sets forth the requirements for notice to the Administrator of certain the construction or alteration in accord­ air navigation will be limited to the ance with the current FAA manual en­ areas presently covered in Part 77. proposed construction or alteration; titled “Obstruction Marking and Light­ _consideration the foregoing, (c) Provides fpr aeronautical studies of obstructions to air navigation, to de­ ing,” which is available through any FAA 77 of Chapter I of Title 14 of the office and is on sale at the U.S. Govern­ e..of Federal Regulations is revised, termine their effect on the safe and effi^- ment Printing Office, Washington, D.C., ective May 1, 1965, to read as herein­ cient use of airspace; after set forth. (d) Provides for public hearings on 20402; the hazardous effect of proposed con­ (4) Determining other appropriate Issued in Washington, D.C., on Feb­ measures to be applied for continued ruary 3,1965. struction or alteration on air naviga­ tion; and safety of air navigation; and N. E. H alaby, (e) Provides for establishing an­ (5) Charting and other notification to Administrator. tenna farm areas. airmen of the construction or alteration. No. 27-— 2 1840 RULES AND REGULATIONS

§ 77.13 Construction or alteration re­ more than 200 feet above the surface (1) The date the proposed construc­ quiring notice. level of its site; or tion or alteration is to begin. (a) Except as provided in § 77.15, each (2) An FAA regional office advises him (2) The date an application for a con­ sponsor who proposes any of the fol­ that submission of the form is required. struction permit is to be filed. lowing construction or alteration shall § 77.15 Construction or alteration not However, a notice relating to proposed notify the Administrator in the form and requiring notice. construction or alteration that is subject manner prescribed in § 77.17: No person is required to notify the to the licensing requirements of the Fed­ (1) Any construction or alteration of Administrator for any of the following eral Communications Act may be sent to more than 200 feet in height above the construction or alteration: FAA at the same time the application for ground level at its site. (a) Any object that would be shielded construction is filed with the Federal (2) Any construction or alteration of by existing structures of a permanent Communications Commission, or at any greater height than an imaginary sur­ time before that filing. face extending outward and upward at and substantial character or by natural one of the following slopes: terrain or topographic features of equal (c) In the case of an emergency in­ or greater height, and would be located volving essential public services, public (i) 100 to 1 for a horizontal distance in the congested area of a city, town, or health, or public safety, that requires im­ of 20,000 feet from the nearest point of settlement where it is evident beyond all mediate construction or alteration, the the nearest runway of each airport with reasonable doubt that the structure so 30-day requirement in paragraph (b) at least one runway more than 3,200 feet shielded will not adversely affect safety of this section does not apply and the in length, excluding heliports and sea­ in air navigation. plane bases without specified boundaries, notice may be sent by telephone, tele­ if that airport is either listed in the Air­ (b) Any antenna structure of 20 feet graph, or other expeditious means, with port Directory of the current Airman's or less in height except one that would an executed Form FAA-117 submitted Information Manual or is operated by a increase the height of another antenna within 5 days thereafter. Outside normal Federal military agency. structure. business hours,- emergency notices by (c) Any electronic facility the broad­ telephone or telegraph may be submitted (ii) 50 to 1 for a horizontal distance of cast signal of which is used primarily for to the nearest FAA Flight Service Sta­ 10.000 feet from the nearest point of the navigational guidance by aircraft, any tion. nearest runway of each airport with its airport visual approach or landing aid, longest runway no more than 3,200 feet or any airport ceiling or visibility indica­ § 77.19 Acknowledgment of notice. in length, excluding heliports, and sea­ plane bases without specified boundaries, tor device, or other meteorological fa­ (a) The FAA acknowledges in writing if that airport is either listed in the cility or instrument, approved by the the receipt of each notice submitted un­ Airport Directory or is operated by a Administrator, the location and height der § 77.13(a). Federal military agency. of which would be fixed by its functional (b) If the construction or alteration purpose. proposed in a notice is one for which (iii) 25 to 1 for a horizontal distance of (dl Any construction or alteration for 5.000 feet from the nearest point of the lighting or marking standards are pre­ which notice is required by any other scribed in the FAA manual on “Obstruc­ nearest landing and takeoff area of each FAA regulation. heliport listed in the Airport Directory tion Marking and Lighting,” the or operated by a Federal military agency. § 77.17 Form and time of notice. acknowledgment contains a statement to that effect and information on how the (3) Any highway, railroad, or other (aY Each person who is required to traverse way for mobile objects, of a structure should be marked and lighted notify the Administrator under § 77.13 in accordance with the manual. height which if adjusted upward 17 feet (a) shall send two executed copies of for an interstate highway, 15 feet for (c) The acknowledgment states that Form FAA-li7, “Notice of Proposed an aeronautical study of the proposed other highways, 25 feet for a railroad, Construction or Alteration,” to the and, for any other traverse way, an construction or alteration has resulted in Chief, Air Traffic Division, of the FAA a determination that the construction amount equal to the height of the high­ region having jurisdiction over the area est unshielded mobile objects that would or alteration: within which the construction or altera­ (1) Would not exceed any standard of normally traverse it, would exceed a tion will be located. The Federal Avia­ standard of subparagraph (1) or (2) of Subpart C and would not be a hazard to tion Agency, Washington, D.C., 20553, air navigation; this paragraph. and the regional offices provide copies of (4) Any construction or alteration on (2) Would exceed a standard of Sub­ Form FAA-117. The regional geographic part C but would not be a hazard to an airport listed in the Airport Directory areas of jurisdiction are: of the current Airman’s Information air navigation; Manual. L Eastern Region, Jamaica, Long Island, (3) Would exceed a standard of Sub­ N.Y.—Maine, New Hampshire, Vermont, Mas­ part C and further aeronautical study is (5) When requested by the FAA, any sachusetts, Rhode Island, Connecticut, New construction or alteration that would be necessary to determine whether it would York, Delaware, New Jersey, Pennsylvania, be a hazard to ajr navigation, that the in an instrument approach area (defined^ Ohio, Maryland, Virginia, West Virginia, in the FAA standards governing instru­ Kentucky, and the District of Columbia. sponsor may request within 30 days that ment approach procedures) and avail­ 2. Southern Region, Atlanta, Ga.—Ten­ further study, and that, pending com­ able information indicates it might ex­ nessee, North , Carolina, South Carolina, pletion of any further study, it is pre­ ceed a standard of Subpart C of this Georgia, Florida, Alabama, Mississippi, Puerto sumed the construction or alteration part. Rico, Canal Zone, Swan Island, and the Vir­ would be a hazard to air navigation; or gin Islands. (4) Would exceed a standard of Sub­ (b) Each sponsor who proposes con­ 3. Southwest Region, Fort Worth, Tex.— part C, Would be located either within struction or alteration that is the subject Arkansas, Louisiana, Texas, Oklahoma, and of a notice under § 77.13(a) and is ad­ New Mexico. a runway clear zone or the portion of vised by an FAA regional office that a 4. Central Region, Kansas City, Mo.— a primary surface extending beyond the supplemental notice is required shall sub­ Michigan, Indiana, Wisconsin, Illinois, Min­ end of a runway, and would, therefore, mit that notice on a prescribed form to be nesota, Iowa, Missouri, North Dakota, South be a hazard to air navigation. Dakota, Nebraska, Montana, and Kansas. For the purposes of this subpart, a run­ received by the FAA regional office at 5. Western Region, Los Angeles, Calif.— least 48 hours before the start of the Wyoming, Colorado, Arizona, Utah, Idaho, way clear zone is an area at ground construction or alteration. Washington, Oregon, Nevada, and California. level that begins at the end of each pri­ (c) Each sponsor who undertakes con­ 6. Alaskan Region, Anchorage, Alaska.— mary surface defined in § 77.27(a) an struction or alteration that is the subject Alaska. § 77.28(b) and extends with the width 7. Pacific Region, Honolulu, Hawaii.—Areas of a notice under § 77.13 (a) shall, withih contained within the Honolulu, Wake, and of each approach surface defined n 5 days after that construction or altera­ Guam Flight Information Regions and Amer­ § 77.27 (b) and (c), the approach clear­ tion reaches its greatest height, submit a ican Samoa. ance surface defined in § 77.28(b) supplemental notice on a prescribed (b) The notice required under § 77.-terminate directly below each approap form to the FAA regional office having 13(a) (1) through (4) must be submitted surface slope at the point or points whe jurisdiction over the area involved, if: at least 30 days before the earlier of the the slope reaches a height of 50 (1) The construction or alteration is following dates: above the terrain or 50 feet above Wednesday, February 10, 1965 FEDERAL REGISTER 1841 increases in the proportion of 25 feet for § 77.25 Gvil airport imaginary surfaces elevation of the" end of the runway, related to airport reference points. whichever distance is shorter. each additional statute mile of distance outward from the runway end up to a The following civil airport imaginary Subpart C-—Obstruction Standards mn.Yimum of 250 feet and continuing at surfaces are established with relation to § 77.21 Scope. that height to a distance of 10 statute the airport reference point which is fixed miles from the runway end., at the approximate center of the airport (a) This subpart establishes standards (4) A height which would increase an takeoff and landing area and is given the for determining obstructions to air navi­ instrument approach minimum flight established airport elevation. The size gation. It applies to existing and pro­ altitude. of each such surface is based on the cor­ posed manmade objects, objects of nat­ (5) A height in or under a Federal rected length of the longest runway of ural growth, and terrain. The standards airway, transition area, or control zone, the airport. For the purposes of this apply with respect to existing air naviga­ or within 5 statute miles of the course of part, a runway is the area designated for tion facilities and uses of the navigable an approved off-airway route, that is ei­ the landing and takeoff of aircraft. airspace by aircraft or, if a plan or pro­ ther 200 feet above ground level or 1,451 (a) Horizontal surface. A circular posal for a new facility or use is on file feet below the established minimum plane, 150 feet above the established air­ with the FAA or the Department of De­ flight altitude, whichever is higher. port elevation, with a radius from the fense on the date the notice required by (6) An imaginary surface that begins airport reference point of: § 77.13(a) is filed, with respect to that at an altitude of 500 feet below the mini­ (1) 5,000 feet, for an airport with its proposed facility or use, such as an air mum en route altitude of each Federal longest runway no mpre than 3,200 feet navigation aid, airport, Federal airway, airway or approved off-airway route and in length and for all airports constructed instrument approach procedure, ap­ extends from the lateral boundaries of to “VFR Airports” standards. proved off-airway route, control zone, or that airway and from a distance of 5 (2) 7,000 feet, for an airport with a transition area, or change in any of the statute miles horizontally on both sides runway more than 3,200, but not more foregoing, if that plan or proposal would from the course of that route. For a dis­ than 6,000 feet in length. result in the application of a standard tance of 25 statute miles along the air- (3) 11,500 feet, for an airport with a constituting a lower height or surface. • way or route from the nearest electronic runway more than 6,000, but not more (b) Minimum obstruction clearance air navigation aid upon which the airway than 7,500 feet in length. altitudes are considered in place of mini­ or route is based, the imaginary surface (4) 13,000 feet, for an airport with a mum en route altitudes in applying the extends outward and upward at a slope runway more than 7,500 feet in length. standards of this subpart to objects of 50 to 1 to 5 statute miles horizontal (b) Conical surface. A surface ex­ whenever planning information available distance from the boundaries of each air­ tending from the periphery of the hori­ at the time of filing of the notice required way and 10 statute miles horizontal dis­ zontal surface outward and upward at a by § 77.13(a) indicates a need to lower tance on both sides from the course of slope of 20 to 1 for the horizontal dis­ the minimum en route altitude of a seg­ each route. At greater distances than tances, and to the elevations, above the ment of a Federal airway, and that need 25 statute miles along the airway or route airport elevation of: may be filled by an additional VOR, from the nearest such aid, the imaginary (1) 3,000 feet, to an elevation of 300 DME, or other air navigation aid. surface begins at the same height and feet, for an airport with its longest run­ (c) The standards in this subpart ap­ distance in relation to each airway and way no more than 3,200 feet in length ply to the effect of construction or altera­ route but extends outward the 5 statute and for all airports constructed to “VFR tion proposals upon an airport if, at the miles distance on a horizontal plane. Airports” standards. time of filing of the notice required by (7) An imaginary surface that begins (2) 5,000 feet, to an elevation of 400 § 77.13(a), that airport is: at an altitude of 500 feet below the mini­ feet, for an airport with a runway more (1) Listed in the Airport Directory of mum altitude established for any initial than 3,200, but not more than 6,000 feet the current Airman’s Information approach, transition or procedure turn in length. Manual; of any instrument approach procedure, (3) 7,000 feet, to an elevation of 500 (2) Operated by a Federal military or for any holding procedure, and ex­ feet, for an airport with a runway more agency ; or tends outward and upward from the than 6,000 feet in length. (3) , The subject of a proposal on fileboundary of the area involved, including with the FAA. any buffer zone, at a slope of 50 to 1 for § 77.27 Gvil airport imaginary surfaces (d) For the purpose of this part, a 5 statute miles horizontal distance. related to runways. seaplane base is considered to be an air­ (8) The surface of a takeoff and land­ The following civil airport imaginary port only if it has definitely defined areas. ing area of an airport or any imaginary surfaces are established for runways § 77.23 Standards for determining ob­ surface established under § 77.25, § 77.27, based upon their corrected lengths, structions. § 77.28, or § 77.29; however, no part of whether the airport is constructed to the takeoff and landing area itself shall “VFR Airports” standards, and whether (a) An existing object, including abe considered an obstruction. the runway is an ILS runway, i.e., one mobile object, is, and a future object (b) Except for traverse ways on or equipped with a precision landing aid would be, an obstruction to air naviga­ near an airport with an operative ground such as ILS, ground-controlled approach tion if it is of greater height than any traffic control service furnished by an (GCA), or precision approach radar of the following heights or surfaces: air traffic control tower or by the airport (PAR). (1 ) A height of 500 feet above groundmanagement and coordinated with the (a) Primary surface. A surface lon­ level at the site of the construction or air traffic control service, the standards gitudinally centered on a runway and alteration. of paragraph (a) of this section apply extending in length 100 feet beyond each (2) A height that is 200 feet above to traverse ways used or to be used for end of a runway of an airport con­ ground level or above the established air- the passage of mobile objects only after structed to VFR airports standards and Port elevation, whichever is higher, with- the heights of those traverse ways are 200 feet beyond each end of a runway of n 3 statute miles of the established ref- increased 17 feet for an interstate high­ any other airport. The elevation of any erence point of an airport, excluding way, 15 feet for any other highway, 25 point on the longitudinal profile of a t h o 18’ ^ l°nëest runway more feet for a railroad, and, for any other primary surface, including the exten­ man 3,200 feet in length, and that height traverse way, an amount equal to the sions, coincides with the elevation of the increases in the proportion of 100 feet height of the highest unshielded mobile centerline of the runway, or extension, to« 6 x additional statute mile of dis- object that would normally traverse it. as appropriate. The width of a primary *Jom the airport up to a maximum (c) The airport imaginary surfaces re­ surface is 200 feet for runways of air­ of 500 feet. ferred to in paragraph (a) (8) of this ports constructed to VFR airports stand-, (3) A height that is 100 feet above section are established for airports based ards. For other airports the width is: ground level or 100 feet above the eleva- on their runway lengths corrected in ac­ (1) 250 feet, for non-ILS runways on of the approach end of the runway, cordance with the current FAA airport 3,200 feet or less in length. Whoever is higher, within an instru- design standards to no gradient and (2) 400 feet, for non-ILS runways mn a£Çroach area and within 3 statute standard conditions of temperature and more than 3,200, but not more than 4,200 es of the runway end, and that height elevation. feet in length. 1842 RULES AND REGULATIONS

(3) 500 feet, for non-ELS runways longest runway is over 5,000 feet. At all surface is a horizontal plane at the ele­ more than 4,200 feet in length. Other military airports, the appropriate vation of the established heliport eleva­ (4) 1,000 feet, for ILS runways. provisions of § 77.25 apply. tion. (b) ILS approach surface. A surface (1) Inner horizontal surface. A plane (b) Heliport approach surface. The longitudinally centered on the extended is oval in shape at a height of 150 feet approach surface begins at each end of centerline of an ILS runway, beginning above the established airfield elevation. the heliport primary surface, with the at the end of the primary surface and The plane is constructed by scribing an same width as the primary surface, and extending outward and upward at a slope arc with a radius of 7,500 feet about the extends outward and upward at a slope of 50 to 1 for a horizontal distance of centerline at the end of each runway and of 8 to 1 to the minimum en route ele­ 10,000 feet and at a slope of 40 to 1 for interconnecting these arcs with tangents. vation where its width is 50(Kfeet. an additional 40,000 feet. This surface (2) Conical surface. A surface ex­ (c) Heliport transitional surfaces. is the width of the primary surface at the tending from the periphery of the inner These surfaces extend outward and up­ beginning and expands uniformly to a horizontal surface outward and upward ward from the lateral boundaries of the width of 16,000 feet at a distance of 50,000 at a slope of 20 to 1 for a horizontal dis­ heliport primary surface and from the feet from the end of the primary surface. tance of 7,000 feet to a height of 500 feet approach surfaces at a slope of 2 to 1 for (c) Non-ILS approach surface. A above the established airfield elevation. a distance of 250 feet measured horizon­ surface longitudinally centered on the (3) Outer horizontal surface. A tally from the centerline of the primary extended centerline of the runway^ be­ plane, located 500 feet above the estab­ and approach surfaces. ginning at the end of the primary sur­ lished airfield elevation, extending out­ face, with slopes and dimensions as ward from the outer periphery of the Subpart D— Aeronautical Studies of follows: conical surface for a horizontal distance Effect of Proposed Construction on (1) Airports Constructed to VFR Air­ of 30,000 feet. Navigable Airspace ports” standards—the surface begins 200 (b) Related to runways. These sur­ feet wide at the end of the primary sur­ faces apply to all military airports where § 77.31 _ Scope. face and extends outward and upward the length of the longest runway is over (a) This subpart applies to the con­ at a slope of 20 to 1, expanding to a 5.000 feet. At all other military airports, duct of aeronautical studies of the effect width of 500 feet at a horizontal distance the appropriate provisions of § 77.27 of proposed construction or alteration on of 3,000 feet. apply. the use of navigable airspace by aircraft. (2) Airports not constructed to “VFR (1) Primary surface. A surface lo­ In the aeronautical studies, present and Airports” standards— ’ cated on the ground or water longitudi­ future IFR and VFR aeronautical opera­ (i) Runways of 3,200 feet or less in nally centered on each runway with the tions and procedures are reviewed and length—the surface begins 250 feet wide same length as the runway and the same any possible changes in those operations at the end of the primary surface and elevation as the centerline of the runway. and procedures and in the construction extends outward and upward at a slope The width of the primary surface for proposal that would eliminate or alleviate of 20 to 1, expanding to a width of 2,250 runways longer than 5,000 feet is 2,000 the conflicting demands for the navigable feet at a horizontal distance of 10,000 feet. However, at established bases airspace are ascertained. feet. where substantial construction has taken (b) The conclusion of a study made (ii) Runways more than 3,200, but not place in accordance with a previous lat­ under this subpart is normally a deter­ more than 4,200 feet in length—the sur­ eral clearance criteria, the 2,000 foot mination as to whether the specific pro­ face begins 400 feet wide at the end of width may be reduced to the former posal studied would be a hazard to air the primary surface and extends outward criteria. navigation. and upward at a slope of 40 to 1, expand­ (2) Clear zone surface. A surface ing to a width of 2,400 feet at a horizontal located on the ground or water at each § 77.33 Initiation of studies. distance of 10,000 feet end of the primary surface, with a length (a) An aeronautical study is con­ (iii) Runways more than 4,200 feet in of 1,000 feet and the same width as the ducted by the FAA: length—the surface begins 500 feet wide primary surface. (1) Upon the request of the sponsor or at the end of the primary surface and (3) Approach clearance surface. An any construction or alteration for which extends outward and upward at a slope inclined plane, symmetrical about the a notice is submitted under Subpart B of 40 to 1, expanding to a width of 2,500 runway centerline extended, beginning of this part, unless that construction or feet at a horizontal distance of 10,000 200 feet beyond each end of the primary alteration would be located within an feet. surface at the centerline elevation of the antenna farm area established under (d) Transitional surfaces. These sur­ runway end and extending for 50,000 Subpart F of this part or is an obstruction faces apply only at airports constructed feet. The slope of the approach clear­ in a runway clear zone; or to other than “VFR Airports” standards. ance surface is 50 to 1 along the runway (2) Whenever the FAA determines it They extend outward and upward at centerline extended until it reaches an appropriate. right angles to the runway centerline at elevation of 500 feet above the established a slope of 7 to 1 from the edges of the airport elevation. It then continues § 77.35 Aeronautical studies. primary and the approach surfaces until horizontally at this elevation to a point (a) The Regional Director of the re­ they intersect the horizontal or conical 50.000 feet from the point of beginning. gion in which the proposed construction surface, except that transitional surfaces The width of this surface at the runway or alteration would be located, or Ins for those portions of ILS approach sur­ end is the same as the primary surface, designee, conducts the aeronautical study faces that project thru and beyond the it flares uniformly, and the width at of the effect of the proposal upon the limits of the conical surface, extend a 50.000 is 16,000 feet, safe and efficient utilization of the navi­ distance of 5,000 feet measured horizon­ (4) Transitional surfaces. These sur­ gable airspace. tally from the edges of those portions of faces connect the primary surfaces, the (b) To the extent considered neces­ the approach surfaces and at right first 200 feet of the clear zone surfaces, sary, the Regional Director or his angles to the runway centerline. and the approach clearance surfaces to d 6 s i g n e € * (e) Vertical surfaces. These surfaces the inner horizontal surface, conical sur­ (1) Solicits comments from all in­ apply only at airports constructed to face, outer horizontal surface or other terested persons; “VFR Airports” standards. They extend transitional surfaces: The slope of the (2) Explores objections to the Pr0* upward from the edges of the primary transitional surface is 7 to 1 outward and posal and attempts to develop r®c°?n' surfaces and the approach surfaces un­ upward at right angles to the runway mendations for adjustment of aviation til they intersect with the horizontal centerline. requirements that would accommodate surfaces. the proposed construction or alteration, §77.29 Airport imaginary surfaces for (3) Examines possible revisions of tn § 77.28 Military airport imaginary sur­ heliports. proposal that would eliminate the e - faces, : (a) Heliport primary surface. The ceeding of the standards in Subpart (a) Related to airport reference area of the primary surface coincides in of this part; and • .. . points.—-These surfaces apply to all mili­ size and shape with the designated take­ (4) Convenes a meeting with all tary airports where the length of the off and landing area of a heliport. This terested persons for the purpose Wednesday, February 10, 1965 FEDERAL REGISTER 1843 gathering all facts relevant to the effect sented under paragraph (b) of this sec­ (8) Designate parties to the hearing of the proposed construction or altera­ tion, and revises, extends, or affirms the and revoke those designations. tion on the safe and efficient utilization determination as indicated by his § 77.47 J Legal officer. of the navigable airspace. findings. (c) The Regional Director or his des­ (d) In any case in which a final deter­ The General Counsel designates a ignee issues a determination as to mination made under this subpart 3t member of his staff to serve as legal whether the proposed construction or al­ Subparts B or E of this part relates to officer at each, hearing under this sub­ teration would be a hazard to air naviga­ proposed construction or alteration that part. The legal officer may examine wit­ tion and sends copies to all known in­ may not be started unless the Federal nesses and assist and advise the presid­ terested persons. This determination is . Communications Commission is§ues an ing officer on questions of evidence or final unless a petition for review is appropriate construction permit, the ef­ other legal questions arising during the granted under § 77.37. fective period of each final determination hearing. (d) If the sponsor revises his proposal includes— § 77.49 Notice of hearing. to eliminate exceeding of the standards (1) The time required to apply to the Commission for a construction permit, In designating a time and place for a of Subpart C of this part, or withdraws it, hearing under this subpart, the presiding the Regional Director, or his designee, but not more than 6 months after the officer considers the needs of the FAA and terminates the study and notifies all effective date of the determination; and the convenience of the parties and wit­ known interested persons. (2) The time necessary for the Com­ mission to process the application except nesses. The time and place of each hear­ § 77.37 Discretionary review. in a case where the Administrator de­ ing is published in the “Notices” section (a) The sponsor of any proposed con­ termines a shorter effective period is re­ of the F ederal R egister before the date struction or alteration or any person who quired by the circumstances. of the hearing, unless the notice is im­ stated a substantial aeronautical objec­ (e) If the Commission issues a con­ practical or unnecessary. tion to it in an aeronautical study, or any struction permit, the final determination § 77.51 Parties to the hearing. person who has a substantial aeronauti­ is effective until the date prescribed for The presiding officer designates the cal objection to it but was not given an completion of the construction. If the following as parties to the hearing— opportunity to state it, may petition the Commission refuses to issue a construc­ (a) The proponent of the proposed Administrator, within 30 days after is­ tion permit, the final determination ex­ construction or alteration. suance of the determination under pires on the date of its refusal. (b) Those persons whose activities § 77.19 or § 77.35 or revision or extension Subpart E— Rules of Practice for Hear­ would be substantially affected by the of the determination under § 77.39(c), proposed construction or alteration. for a review of the determination, revi­ ings Under Subpart D~ § 77.53 Prehearing conference. sion, or extension. ^ § 77.41 Scope. (b) The petition must be in triplica/te (a) The presiding officer may, in his and contain a full statement of the basis This subpart applies to hearings held discretion, hold a prehearing conference upon which it is made.’ by the FAA under Titles I, III, and X with the parties to the hearing and the (c) The Administrator examines each of the Federal Aviation Act of 1958 (49 legal officer before the hearing. petition and decides whether a review U.S.C. subchapters I, m , and X ), on (b) At the direction of the presiding will be made and, if so, whether it will be: proposed construction or alteration that officer, each party to a prehearing con­ (1) A review on the basis of written affects the use of navigable airspace. ference shall submit a brief written state­ materials, including study of a report by § 77.43 Nature of hearing. ment of the evidence he intends to pro­ the Regional Director of the aeronautical vide through his witnesses and by ques­ study, briefs, and related submissions by Sections 4, 5, 7, and 8 of the Admin­ istrative Procedure Act (5 U.S.C. 1003, tioning other witnesses at the hearing, any interested party, and other relevant 1004, 1006, and 1007) do not apply to and shall provide enough copies of the facts, with the Administrator affirming, statement so that the presiding officer revising, or reversing the determination hearings held on proposed construction or alteration to determine its effect on the may keep three for the FAA and give one issued under § 77.19, § 77.35 or § 77.39 to each other party. (c); or safety of aircraft and the efficient use of navigable airspace because those hear­ (c) At the prehearing conference, the (2) A review on the basis of a public presiding officer reduces and simplifies hearing, conducted in accordance with ings are factfinding in nature. As a fact­ finding procedure, ^each hearing is non- the subject matter of the hearing so far the procedures prescribed in Subpart E as possible and advises the parties of the of this part. adversary and there are no formal plead­ ings or adverse parties. probable order of presenting the evi­ § 77.39 Effective period of determina* dence. , § 77.45 Presiding officer. tion of no hazard. § 77.55 Examination of witnesses. (a) Unless it is otherwise extended, re­ (a) If, under § 79.37, the Administra­ tor grants a public hearing on any (a) Each witness at a hearing under vised, or terminated, each final deter­ this subpart shall, after being sworn by mination of no hazard made under this proposed construction or alteration covered by this part, the Director of the the presiding officer, give his testimony subpart or Subparts B or E of this part under oath. expires 18 months after its effective date, Air Traffic Service designates an FAA employee to be the presiding officer at (b) The party for whom a witness, regardless of whether the proposed con­ other than an employee of the FAA, is struction or alteration has been started, the hearing. (b) The presiding officer may: testifying shall examine that witness. or on the date the proposed construction After that examination, other parties to or alteration is abandoned, whichever is (1) Give notice of the date and loca­ earlier. tion of the hearing and any prehearing the hearing may examine the witness, in the order fixed by the presiding officer. In .any case where the proposed conference that may be held; (2) Administer oaths and affirma­ The presiding officer and the legal officer construction or alteration has not been may then examine the witness. The started during the 18-month period by tions; presiding officer may grant any party an actual structural work, such as the laying (3) Examine witnesses; (4) Issue subpoenas and take deposi­ additional opportunity to examine any a foundation but excluding excavation, witness, if that party adequately justifies any interested person may, at any time tions or have them taken; the additional examination. P to 15 days before the final determina- (5) Obtain, in the form of a public (c) The legal officer examines each ion expires, petition the FAA official who record, all pertinent and relevant facts FAA employee who is a witness, before fssued the determination to: relating to the subject matter of the the other parties examine him. After (1) Revise the determination based on hearing; that examination, the order prescribed in new facts that change the basis on which (6) Rule, with the assistance of the paragraph (b) of this section applies. it was made; or legal officer, upon the admissibility of An FAA employee may testify only as to (2) Extend its effective period. evidence; facts within his personal knowledge and "P^e FAA official who issued the (7) Regulate the course and conduct the application of FAA regulations, ^termination reviews each petition pre- of the hearing; and standards, and policies. 1844 RULES AND REGULATIONS

§ 77.57 Evidence. must be filed with the presiding officer § 77.73 General provisions. (a) The presiding officer receives allwithin 5 days after the hearing closes. (a) An antenna farm area consists of testimony and exhibits that are relevant The presiding officer reviews each request a specified geographical location with es­ to the issues of the hearing. So far as for a correction to the extent he considers tablished dimensions of area and height, possible, each party shall submit enough appropriate and shall make any revi­ where antenna towers with a common copies of his exhibits that the presiding sions that he finds appropriate as a result impact on aviation may be grouped. officer may keep three copies for the FAA of that review. Each Such area is established under the and give one to each other party. § 77.65 Recommendations by parties. procedural requirements of section 4 of y this plies may not, in connection with that following sections of this subpart are part may revise his proposal at any time appearance, knowingly accept assist­ established as antenna farm areas. before or during the hearing. If he re­ ance from* or share fees with, any person NoTErf § 77.77 through 77.1100 reserved for vises it, the presiding officer decides who is prohibited by paragraph (a) of descriptions of antenna farm areas. whether the revision affects the proposal this section, from appearing himself on [F.R. DOC, 65-1387; Filed, Feb. 9, 1965; to the extent that he should send it to the that matter. 8:45 a m.] Administrator for a redetermination of (c) A former official or employee of the need for a hearing, the FAA may not, within 6 months after (b> If the presiding officer decides that he ceases to be such an officer or em­ Chapter V— National Aeronautics and it does not need to be resubmitted to the ployee, appear before the FAA on behalf Space Administration Administrator, he advises the parties of of, or represent, any party, in connection the revised proposal and takes the action With any proceeding that was pending PART 1245— PATENTS necessary to allow all parties to effec­ under this part while he was an officer Subpart 3— NASA Foreign Patent tively participate in the hearing on the or employee of the FAA, unless he ob­ revised proposal. Without limiting his tains written consent from an aproprl- Program discretion, the presiding officer may re­ ate officer of the FAA, based on a verified A new Subpart 3 is added as follows: cess and reconvene the hearing, or hold showing that he did not personally con­ another prehearing conference. Sec. sider the matter concerned or gain 1245.300 Scope of subpart. § 77.63 Record of hearing. particular knowledge of it while he was 1245.301 Inventions under NASA contracts. an officer or employee of the FAA. 1245.302 Inventions by NASA employees. (a) Each hearing is recorded verbatim 1245.303 Criteria. by an official reporter under an FAA. con­ Subpart F— Establishment of 1245.304 Procedures. tract. The transcript, and all exhibits, Antenna Farm Areas become a part of the record of the Authority : The provisions of this Sub­ §77.71 Scope. part 3 issued under 42 U.S.C. 2457(h) ana hearing. Executive Orders 9865 and 10096. (b) Any person may buy a copy of the (a) This subpart establishes antenna transcript of the hearing from the re­ farm areas in which antenna structures § 1245.300 Scope of subpart. porter at the price fixed for it. may be grouped to localize their effect on This subpart establishes policy, cri­ (c) The presiding officer may allow the use of navigable airspace. teria, and procedures concerning tne any party to withdraw an original docu­ (b) It is the policy of the FAA to en­ NASA Foreign Patent Program. ment if he submits authenticated copies courage the use of antenna farms and 45.301 Inventions under NASA con­ of it. the single structure-multiple antenna concept for radio and television towers tracts. (d) Any person may buy, from the whenever possible. In considering pro­ .) Pursuant to § 1245.113, NASA has FAA, photostatic copies of any exhibit by posals for establishing antenna farm litated the filing of foreign PJgg paying the copying costs. areas, it considers as far as possible ications by contractors by providing (e) A change in the official transcript the revision of aeronautical procedures the granting of a waiver of tine of a hearing may be made only if it in­ and operations to accommodate antenna ntractor to any identified inv®^., , volves an error of substance. Any rec­ structures that will fulfill broadcasting nAimfviAa ¿•vfT'i ¿at* filil.Tl til© U**l ommendation to correct the transcript requirements. Wednesday, February 10, 1965 FEDERAL REGISTER 1845 of NASA does not desire to file a patent sel will make a recommendation as to §3.8 Amphetamine and methampheta­ application covering the invention in whether or not foreign patent coverage mine inhalers regarded as prescrip­ such countries. However, any such appears justified at the time of assign­ tion drugs. waiver is subject to the reservation by ing a priority evaluation to a disclosed . (a) Recurring reports of abuse and the Administrator of the license required invention. misuse of methamphetamine (also to be retained by NASA under section (b) Preparation and filing of patent known as desoxyephedrine) inhalers 305(f) of the National Aeronautics and applications in foreign countries will be show that they have a potentiality for Space Act of 1958 (42 U.S.C. 2457(f)). subject to approval of the Assistant harmful effect and that they should not (b) Conversely, where the principal General Counsel for Patent Matters, be freely available to the public through rights in an invention made under a NASA Headquarters. over-the-counter sale. From com­ NASA contract remain in the contractor (c) The Office of Assistant General plaints by law-enforcement officials, by virtue of waiver, § 245.109(a) (5) pro­ Counsel for Patent Matters will budget health officials, individual physicians, vides that the contractor, upon written for and administer the filing of all pat­ parents, and others as well as from Food request, will convey to the Administra­ ent applications in countries other than and Drug Administration investigations, tor of NASA the entire right, title, and the United States. it is evident that the wicks from these interest in the invention in any foreign (d) Coordination with other inter­ inhalers are being removed and the country in which the contractor has ested NASA offices will be undertaken methamphetamine they contain is being elected not to file a patent application. by the Assistant General Counsel for used as a substitute for amphetamine (c) With respect to inventions in Patent Matters. tablets. Amphetamine tablets and am­ which NASA has acquired and retained Effective date. The provisions of phetamine inhalers have been restricted the principal rights, NASA will file pat­ to prescription sale because of their po­ Subpart 3 of Part 1245 are effective upon tentiality for harm to the user. ent applications in countries other than publication in the F ederal R egister. the United States on inventions selected (b) It is the considered opinion of the in accordance with the criteria set forth James E. W ebb, Food and Drug Administration that, in in § 1245.303. Administrator. order to adequately protect the public health, inhalers containing methamphet­ § 1245.302 Inventions - by NASA em­ [F.R. Doc. 65-1398; Filed, Feb. 9; 1965; 8:46 a.m.] amine or methamphetamine salts (d- ployees. desoxyephedrine, or dl-desoxyephedrine, (a) The foreign rights of NASA and or their salts), as well as amphetamine of the NASA employee making an in­ inhalers should be restricted to prescrip­ vention are determinable in accordance Title 21— FOOD AND DROGS tion sale and should be labeled with the with Executive Orders 9865 and 10096 legend “Caution: Federal law prohibits and Government Patent Board Admin­ Chapter I— Food and Drug Adminis­ dispensing without prescription.” istrative Order No. 6 issued pursuant tration, Department of Health, Edu­ (Secs. 503(b)(1) (B), 701(a), 52 Stat. 1052 as thereto. cation, and Welfare amended, 1055; 21 U.S.O. 353(b) (1) (B ), 371 (b) Where NASA acquires an assign­ (a)) ment of the domestic rights in an in­ SUBCHAPTER A— GENERAL Dated: February5,1965. vention made by a NASA employee, NASA will also obtain an option to ac­ PART 3— STATEMENTS OF GENERAL G eo. P. Larrick, quire the foreign rights, including the POLICY OR INTERPRETATION Commissioner of Food and Drugs. right to file foreign patent applications [F.R. Doc. 65-1458; Filed, Feb. 9, 1965; on the invention. Amphetamine and Methampheta- 8:50 a.m.] (c) Where NASA is entitled to only a mine Inhalers Regarded as Pre­ governmental license in the invention, scription Drugs the principal foreign rights in the in­ Since 1959, when amphetamine in­ Title 19-CU STO M S DUTIES vention are retained by the employee halers were classed as prescription drugs, unless he agrees in writing to assign Chapter I— Bureau of Customs, such rights to NASA. inhalers containing methamphetamine have come to be abused and misused by Department of the Treasi/ry § 1245.303 Criteria. individuals to obtain an amphetamine­ [T.D. 56355] The following categories of inventions like effect. Although very few reports Will be considered for the filing of patent of abuse of methamphetamine inhalers P A JIT 18— TRANSPORTATION IN applications by NASA in countries other reached the Food and Drug Administra­ BOND AND MERCHANDISE IN than the United States: tion in the years 1959-1962, inclusive, TRANSIT (a) Inventions which may be utilized there were increasing reports in 1963 and abroad in governmental programs of the in 1964 still more reports. These came Labeling of Packages of Merchandise United States. from parents of individuals abusing the Transported in Bond (b) Inventions which may be ex­ drug, law-enforcement officials, health . Section 18.4(e) requires that warning ploited abroad in the public interest by officials, other Government officials, in­ labels on packages entered for trans­ license to U.S. nationals or others. dividual physicians, and as a result of portation in bond be on bright red paper (c) Inventions which may be utilized investigations conducted by inspectors of not less than 5 x 8 inches in size and in applications type satellites, such as the Food and Drug Administration. It that the lettering thereon be in black communications and meteorological is evident that adequate control of the type. satellites. situation in the interest of the public Warning labels measuring 5x8 inches (d) Inventions considered to be basic are sometimes too large for use on small­ discoveries or of major significance in an health requires that methamphetaminq- art. containing inhalers be dispensed only by er sized packages, especially those shipped by air. It is reported that an (e) Inventions in fields which directlyor on the prescription of a practitioner licensed by law to administer prescrip­ airway bill and address will often cover concern the public health or public most of a small package. In such cases welfare. tion drugs. Continued sale without pre­ scription of these products is inimical the Bureau approves the use of warning § 1245.304 Procedures. labels 3 x 5 inches in size. to the public health. The Bureau also approves the use of .(^).The Patent counsel at each NASA Accordingly, under the authority vest­ white lettering on the red warning label o installation will review all inven- ed in the Secretary of Health, Education, as an alternate to lettering in black type. ìon disclosures at the time of docketing and Welfare by the Federal Food, Drug, To give effect to the foregoing, § 18.4(e) ana will expedite the processing and and Cosmetic Act (sec. 701(a), 52 Stat. of the Customs Regulations is amended preparation òf a U.S. patent applica- 1055, as amended; 21 U.S.C. 371(a)) and by substituting “in black dr white letter­ nriv^’v.** )stifled, on those inventions delegated to the Commissioner of Food ing” for “in black type” in the first sen­ c * « aPPcar to fall within the criteria and Drugs by the Secretary (21 CFR tence and by inserting the following set forth in § 1245.303. The patent coun­ 2.90), § 3.8 is revised to read as follows: sentence after the legend: 1846 RULES AND REGULATIONS

If the size of a package renders the use the government label, the percentage of (Sec. 5, Federal Alcohol Administration Act* of a 5 x 8 inch warning label impracti­ such whiskey and the country of origin 49 Stat. 981, as amended; 27 U.S.C. 205) * cable because of lack'of space, a 3 x 5 thereof. Such statement shall appear as inch label may be used. [ seal] S heldon S. Cohen, a part of, or in direct conjunction with, Commissioner of Internal Revenue. The citation of authority for § 18.4 is any age or percentage statement which amended to read: may be required under § 5.39. Approved: February 5,1965. (Secs. 552, 553, 46 Stat. 742, as amended; 19 * * * * * S tanley S. S urrey, UB.C. 1552,1553) P ar. 2. Paragraph (d) of § 5.51 is -Assistant Secretary of the [seal] Lester D. Johnson, amended by deleting the phrase “and Treasury. Acting Commissioner of Customs. unless the labels are in all particulars [F.R. Doc. 65-1442; Filed, Feb. 9, 1965; consistent with the facts stated in the 8:49 am.] Approved: February 3,1865. certificate” at the end of subparagraph J ames A. R eed, (3) thereof. As amended, paragraph Assistant Secretary of the (d) (3) reads as follows: Treasury. § 5.51 Certificates of age and origin. Title 39— POSTAL SERVICE [FJR. Doc. 65-1441; Filed, Feb. 9, 1965; ***** 8:48 a.m.] Chapter I— Post Office Department (d) * * * (3) In case of'blended whisky: (i) The PART 5— COMPLAINTS class and type (such as blended whisky, PART 24— THIRD CLASS Title 27— INTOXICATING blended rye whisky, blended bourbon whisky (etc.); (ii) the percentage of Postal Law Violations, and Payment LIQUORS straight whisky, or any distinctive type of Postage thereof, used in the blend; (iii) the Chapter I— Internal Revenue Service, American proof at which the straight The regulations of the Post Office De­ Department of the Treasury whisky was distilled; (iv) the percentage partment are amended for purposes of of other whisky, if any, in the blend; clarification, and also to require that [TJD. 6799] (v) the percentage of neutral spirits, if the sack weight limit for bulk third class any, in the blend, and the name of the mailings must not exceed 80 pounds. p a r t 5— l a b e l in g a n d a d v e r t is ­ commodity from which distilled; (vi) the Part 5 amendment: in g 0 £ DISTILLED SPIRITS age of the straight whisky and the age Section 5.2 Postal law violations, is of the other whisky, if any, in the amended to read as follows: Bourbon Whisky blend; and (vii) the type of containers § 5.2 Postal law violations. Notice of public hearing to be held in in which such age or ages were acquired Washington, D.C., on December 1, 1964, (whether new or reused, also whether Send information and complaints con­ with respect to a proposal to amend 27 charred or uncharred). cerning postal law violations, such as CFR Part 5, Labeling and Advertising of * * * * * use of mail for lotteries and schemes to Distilled Spirits, was published in the This Treasury decision shall become defraud, mailing of obscene and scurri­ F ederal R egister on November 10, 1964 effective 30 days after the date of publi­ lous matters, extortion, and theft of ~xafl <29 F.R. 15129). Upon the conclusion cation in the F ederal R egister. to: of the said hearing and after considera­ tion of relevant material submitted by Postal inspector in charge at: If mailer lives in interested persons in connection there­ Atlanta, Ga., 30302______Florida, Georgia, North Carolina, South Carolina, with regarding the proposal, the follow­ Boston, Mass., 02107_____ Connecticut, Maine, Massachusetts, New Hampshire, City ing amendments to 27 CFR Part 5 are of Fishers Island, New York, Rhode Island, Vermont. hereby adopted: Chattanooga, Tenn., 37401. Alabama, Mississippi, Tennessee. P aragraph L In order to prohibit the Chicago, HI., 60607.:------Hlinois, Michigan, Wisconsin. use of the word “Bourbon” in the des­ Cincinnati, Ohio, 45201____ Indiana, Kentucky, Ohio. ignation of any whisky or whisky-based Denver, Colo., 80201..__ _ Arizona, Colorado, New Mexico, Utah, Wyoming. distilled spirits not produced in the Fort Worth, Tex„ 76101__ Louisiana, Texas (except city of Texarkana). Kansas City, Mo., 64142__Kansas, County of Jackson, Missouri, Nebraska, Oklahoma. United States, paragraph (i) of § 5.21 is New York, N.Y., 10001___ _ New York, except city of Fishers Island, Puerto Rico, Virgin amended by adding a proviso at the end Islands. of the first sentence of subparagraph (1 ). Philadelphia, Pa., 19101__ _ Delaware, New Jersey, Pennsylvania. As amended, paragraph (i) reads as Saint Louis, Mo., 63199____ Arkansas, Iowa, Missouri (except Jackson County), city of follows: Texarkana, Texas. § 5.21 The standards of identity. Saint Paul, Minn., 55101__ Minnesota, North Dakota, South Dakota. San Francisco, Calif., 94101. California, Canton Island, Caroline Islands, Guam, Hawaii, ***** Mariana Islands, Marshall Islands, Nevada, Samoa, and (i) Class 9; products without geo­ Wake Island. graphical designations hut distinctive of Seattle, Wash., 98111______Alaska, Idaho, Montana, Oregon, Washington. a particular place. (1) The whiskies of Washington, D.C., 20013___ District of Columbia, Maryland, Virginia, West Virginia the types specified in paragraph: (b) N ote: The corresponding Postal Manual section is 115.2. (1) —(10) of this section are distinctive products of the United States, and if Part 24 amendment: (i) Form 3602, Statement of Mailing produced in a foreign country, shall be In § 24.4 Préparation—payment of Matter with Permit Imprint, for mail designated by the applicable designation postage, paragraph (b) (4) and (6) is with permit Imprints (see § 34.5(e)); or prescribed in such paragraph, together amended to read as follows: (ii) Form 3602-PC, Bulk Rate Mailing with the words “American type” or the § 24.4 Preparation—payment of post­ Statement—Third-Class Mail, for mail words “produced (distilled, blended) in age. bearing precanceled stamps or meter ------”, the blank to be filled in with * * * * * stamps. the name of the foreign country: Pro­ * * * * vided, That the word “Bourbon” shall (b) Bulk mailings. * * * (4) Mailing statement and verifica­ (6) Preparation for dispatch—(i) P x~ not be used to describe any whisky or tion. A designated employee in the red sacks. When there are sufflcien whisky-based distilled spirits not pro­ weighing section or place in the post direct packages for the same post office duced in the United States. If whisky office where bulk mailings are accepted to fill a sack at least one-third full, tne of any of these types is composed in shall verify the mailer’s statement which mailer must place them in a sack or sacKs part of whisky or whiskies produced in a must be completed and submitted by the which Should be labeled in the following foreign country there Shall be stated, on mailèr with each mailing as follows: manner: Wednesday, February 10, 1965 FEDERAL REGISTER 1847

pmT.ADKT.PHIA. PA. 191 Subpart 3—60.2— Appeal Procedures or considers the appeal without a hearing CIRCS. Sec. in accordance with the provisions of Fr Jay Mailing Co., Cincinnati, Ohio 452 3—60.201 Scope of subpart. § 3-60.208. 3-60.202 Filing of notice of appeal. (4) Submits findings and recommen­ (ii) State sacks—(a) Direct packages. 3-60.203 Form and content of notice of After all possible direct sacks for the appeal. dations to the Assistant Secretary for his same post office have been made, if 3-60.204 Duties of the contracting officer. action. there are enough direct packages re­ 3-60.205 Acknowledgment of notice of (5) Performs such other functions as maining for other post offices within appeal. the Assistant Secretary may require. the same State to fill approximately one- 3-60.206 Appeal file. (b) The Board may in its discretion third of a sack, they shall be placed in 3-60.207 Optional procedure for appeals hear, consider, and make findings and Involving amounts not in ex­ recommendations on all questions which a State sack and labeled to the proper cess of $5,000. distribution point. (See subparagraph 3-60.208 Submission without a bearing. are deemed necessary for the complete 7 of this paragraph.) State sacks shall 3-60.209 Settlement. adjudication of the issue or issues in­ be labeled in the following manner: 3-60.210 Pre-hearing conference. volved in the appeal, including questions 3-60.211 Hearings. of law. COUNCIL BLUFFS, IOWA TERM 515 3-60.211-1 Notice and where held. Calif. CIRCS. Directs Subpart 3—60.2— Appeal Procedures Fr D.C. Mailers, Washington, D.C. 200 3-60.211-2 Representation. 3-60.211-3 Absence of parties. § 3—60.201 Scope of subpart. (b) State packages. When State 3-60.211-4 Nature of hearings. packages of circulars for one State will 3-60.211-5 Examination of witnesses. This subpart sets forth the procedures fill approximately one-third of a sack, 3-60.211-6 Copies of documents. governing the filing and disposition of 3-60.211-7 Post-hearing briefs.' an appeal. they shall be placed in a State sack and 3-60.211-8 Transcript of proceedings. labeled to the proper distribution point. 3-60.211-9 Withdrawal of exhibits. § 3—60.202 Filing of notice of appeal. (See subparagraph (7) of this para­ 3-60.212 Submission of additional infor­ graph.) The sack shall be labeled in the mation at Board’s request. Notice of an appeal must be in writing, following form: 3-60.213 Findings, recommendations, and signed personally by the appellant (the decision. contractor making the appeal), or by an OGDEN, UTAH TERM 843 officer of the appellant corporation or CALIF. WORKING CIRCS. Authority : The provisions of this Part member of the appellant firm, or by the Fr D.C. Mailers, Washington, D.C. 200 3—60 issued under 5 U.S.C. 22; Reorgan. Plan appellant’s duly authorized representa­ (ill) Mixed sacks, (a) Mixed State No. 1 of 1953 (5 U.S.O. 623). tive or attorney. The notice should be packages of circulars may be included in § 3—60.000 Scope of part. addressed to the Secretary of Health, sacks labeled “Mixed States—Circulars.” This part establishes policies and pro­ Education, and Welfare, and be mailed (b) Any direct package for which cedures regarding appeals from decisions or otherwise furnished to the contracting there is insufficient quantity to make city of contracting officers filed pursuant to officer from whose decision the appeal or State direct sacks should be Included “Disputes” clauses of contracts. is taken. However, where addressed to in sacks labeled “Mixed Directs—Circu­ the contracting officer or to the head of lars.” Subpart 3-60.1— Board of Review the Departmental operating agency in­ (iv) Sack weight. The total weight Establishment and Functions volved in the dispute, the appeal will of third class mail placed in one sack be considered as though it had been ad­ must not exceed 80 pounds. § 3—60.101 Scope of subpart. dressed to the Secretary. The notice of (v) Labels furnished by postmaster. appeal must be mailed or otherwise filed Where standard post office sack labels This subpart describes the establish­ within the time specified in the contract. are furnished by the postmaster, the ment, membership, and functions of the Board of Review. § 3—60.203 Form and content of notice mailer will mark his name on the back o f appeal. of the label. § 3—60.102 Determination of appeals. (vi) Unauthorized labels. Sacks with The notice of appeal should indicate unauthorized labels, tags, or markings Determination of appeals from deci­ that an appeal is intended and should are not acceptable for dispatch. sions of contracting officers are made by include the following information: the Assistant Secretary of Health, Edu­ (a) Identification (number) of the Note: The corresponding Postal Manual cation, and Welfare for Administration sections are 134.424 and 134.426. contract involved. (hereinafter referred to as the “Assist­ (b) The decision from which the ap­ (RB. 161, as amended; 5 U.S.C. 22, 39 U.S.C. ant Secretary”) after receipt of findings peal is taken. 309,501,4451) ' and recommendations by a Board of Re­ (c) The portion or portions of the Louis J. D oyle, view (hereinafter referred to as the findings of fact or decision from which General Counsel. “Board”). the appeal is taken, and the reasons why [PR. Doc. 65-1412; Filed, Feb. 9, 1965; § 3—60.103 Establishment and member­ the findings or decision are deemed er­ 8:46 a.m.] ship o f the Board. roneous. Boards are established on a case by (d) The relief sought by the appellant. case basis by the Assistant Secretary and § 3—60.204 Duties of the contracting Title 41— PUBLIC CONTRACTS are comprised of a Chairman and two officer. members. At least one of the members Upon receipt of the notice of appeal, AND PROPERTY MANAGEMENT shall be either an attorney in the Office the contracting officer shall forward, of General Counsel or a qualified hearing through appropriate administrative Chapter 3— Department of Health, examiner. No person shall be desig­ channels, such notice to the Chief, Pro­ Education, and Welfare nated a member of the Board if he has curement and Supply Management participated in or has any interest, direct PART 3-60—-CONTRACT APPEALS Branch, Division of General Services, Of­ or indirect, in the letting or administer­ fice of Administration, Office of the Sec­ ,, Pi*rt 2-60 of Chapter 3 of Title 41 of ing of the contract in dispute. retary (hereinafter referred to as the „.Code of Federal Regulations is added § 3—60.104 Functions of the Board. “Chief, PSMB”), together with the ap­ as follows: peal file consisting of the documents Sec. (a) The Board performs the following specified in § 3-60.206, and a list of the 3-60.000 Scope of part. functions with respect to contract ap­ documents included in the appeal file. peals: The contracting officer shall retain a Subpart 3-60.1— Board of Review Establishment (1) Informs the appellant that, the duplicate copy of the appeal file. and Functions Board of Review has been established to 3-60.101 consider the appeal. § 3—60.205 Acknowledgment of notice Scope of subpart. of appeal. —' 3-60.102 Determination of appeals. (2) Schedules prompt consideration of 3-60.103 Establishment and membership the appeal. After the Chief, PSMB, has received of the Board. 3-60.104 (3) Conducts hearings at the request the notice of appeal from the contracting Functions of the Board. of either party or in its own discretion, officer, he shall promptly acknowledge No. 27- 1848 RULES AND REGULATIONS receipt thereof to the appellant, and § 3-60.208 Submission without a hear­ and the case will be regarded as sub­ transmit a copy of such acknowledgment ing. mitted on the record by the absent party. to counsel for the Government (Assistant Where neither party desires a hearing, § 3—60.211—4 Nature of hearings. General Counsel, Division of Business and the Board does not require one, the and Administrative Law). If the appeal Board’s findings and recommendations Hearings will be as informal as rea­ involves an amount in excess of $5,000, will be based upon the appeal file and sonably permissible, and will seek to the acknowledgment letter shall request upon such briefs or other written mate­ provide the Board with the pertinent the appellant to advise the Chief, PSMB, rial which it may, in its discretion, facts and the positions of the parties as whether he wishes to have an oral hear­ request the parties to submit. a basis for the Board’s findings and rec­ ing on his appeal or have his appeal con­ ommendations. The parties may offer sidered on the basis of the appeal file and § 3—60.209 Settlement. such relevant evidence or argument as any other material submitted pursuant A dispute may be settled at any time they deem appropriate subject, however, to § 3-60.208. If the appeal involves an before the decision (a) by the Contrac­ to the exercise of reasonable discretion amount not in excess of $5,000, the ac­ tor’s filing a written notice withdrawing by the Board or the member conducting knowledgment letter shall invite the ap­ his appeal, or (b) by written stipulation the hearing in supervising the extent and pellant’s attention to § 3-60.207. A copy between the contractor and the con­ manner of presenting such evidence. of these HEW Contract Appeal Regula­ tracting officer, or their counsel or repre­ § 3—60.211—5 Examination of witnesses. tions shall be enclosed in the acknowledg­ sentatives, subject to the approval of the ment letter. Witnesses will not be required to Assistant Secretary. If only part of the testify under oath. However, if circum­ § 3—60.206 Appeal file. dispute is settled the appeal shall con­ tinue as to any issues remaining in stances so warrant, the Board Chairman (a) After the Board has been desig­ dispute. or the Board member conducting the nated in accordance with the provisions hearing may warn a witness at the hear­ of § 3-60.103, the Chief, PSMB, shall § 3—60.210 Prehearing conference. ing that his statements may be subject transmit the appeal file to the Board (a) The Board, upon the request of to the provisions of Title 18, U.S.C., sec­ Chairman. The appeal file shall consist either party, or in its own discretion, may tions 287, 1001, and any other provisions of the original or copies of all documents arrange for the holding of a prehearing of law imposing penalties for knowingly pertinent to the appeal, including the conference by a designated member or making false representations in connec­ following: members of the Board at a time and place tion with claims against the United (1) The notice of appeal. specified by the Board to consider the States or in any matter within the juris­ (2) The findings of fact or decision following: diction of any department or agency from which the appeal is taken. (1) Simplification or clarification of thereof. All witnesses may be examined (3) The invitation for bids or pro­ the issues. or cross-examined by the members of posals, the contract, pertinent plans and (2) Possibility of obtaining stipula­ the Board, the parties, or their repre­ specifications, amendments, and change tions, admissions of fact, and agreement sentatives. orders. respecting the introduction of documents. § 3 —60.211—6 Copies of documents. (4) Correspondence between the par­ (3) Limitation of the number of expert ties relating to the dispute. witnesses. Copies of documents will be accepted (5) Transcripts of any testimony (4) Possibility of agreement disposing in evidence if submission of original taken in connection with the dispute of all or any of the issues in dispute. documents is not practicable. prior to the filing of the appeal, and affi­ (5) Such other matters as may aid in § 3—60.211—7 Post-hearing briefs. davits or statements of any witnesses the disposition of the appeal. Post-hearing briefs may be submitted that were considered by the contracting (b) The results of the conference shall officer in reaching his decision. upon such terms as may be agreed upon be reduced to writing by the Board mem­ by the parties and the Board Chairman (6) Any additional data that the con­ ber or members who conducted the con­ (or the Board member conducting the tracting officer may consider pertinent. ference and shall be made part of the hearing) at the conclusion of the hear­ (b) Upon receipt of the appeal file, the record. Board Chairman shall provide the ap­ ing. Ordinarily, simultaneous briefs will pellant and counsel for the Government § 3—60.211 Hearings. be exchanged within 30 days after the with a listing of appeal file contents, and § 3—60.211—1 Notice and where held. hearing transcript is received. shall notify the parties where the file may The Board shall grant a hearing at the § 3—60.211—8 Transcript o f proceed­ be examined. Each party may furnish request of .either party, or in its own ings. or suggest additional documentation discretion may order that a hearing be Hearings shall be reported verbatim deemed pertinent to the appeal. The ap­ held. The parties will be given a mini­ unless the Board orders otherwise. peal file shall be available for examina­ mum of 20 days notice in writing of the Copies of transcripts of proceedings can tion by the parties or their counsel or time and place of the hearing. Unless be obtained by appellants by ordering representatives at the office of the Board there is substantial justification shown same from the public reporter and pay­ Chairman, or at the office of the con­ ing the cost thereof. tracting officer. to the satisfaction of the Assistant Sec­ retary for holding the hearing elsewhere, § 3 -6 0 .2 1 1 -9 Withdrawal of exhibits. § 3—60.207 Optional procedure for ap­ it will be held in the HEW Building, peals involving amounts not m ex­ Washington, D.C. Hearings in Washing­ After a decision has become final the cess o f $5,000. ton, D.C., shall be held before the entire Board may, upon request and after notice Board and presided over by the Board to the other party, in its discretion per­ In order to eliminate the costs of a mit the withdrawal of original exhibits, hearing to tlje contractor and to the Chairman. The Board Chairman may designate one member of the Board to or any part thereof, by the party entitlea Government on appeals involving rela­ thereto. The substitution of true copies tively small amounts, and to expedite the conduct a hearing to be held outside Washington, D.C. of exhibits or any part thereof may oe decisions on such appeals, an appeal in­ required by the Board in its discretion as volving an amount not in excess of $5,000 § 3—60.211—2 Representation. a condition of granting permission xo shall be considered without a hearing in accordance with the provisions of § 3-60.- An appellant may appear before the such withdrawal. 208, unless a hearing has been requested Board in person, or may be represented -60.212 Submission of additional in­ by counsel or by any other duly author­ form ation at Board’s request. by either party or unless the Board or­ ized representative. ders a hearing. If the appellant does not ’he Board may request either party at request a hearing within twenty days § 3—60.211—3 Absence of parties. r stage of an appeal proceeding after receipt of the acknowledgment of The unexcused absence of a party or nish any information the Board deems the notice of appeal, the appeal shall be his authorized representative at the time essary or desirable in connection w considered in accordance with the pro­ and place set for the hearing will not be consideration of the ap p e^.S uD*rV visions of § 3-60.208, unless the Board the occasion for delay of the hearing. l thereof shall be made within a orders a hearing. In such event, the hearing will proceed Wednesday, February 10, 1965 FEDERAL REGISTER 1849

§ 3-60.213 Findings, recommendations, mon carriers by water under the Ship­ §-510.22 Oceangoing common earners and decision. ping Act although they do not own or and persons shipping for own ac­ (a) The Board shall submit its written control the means by which the trans­ count. findings and recommendations through portation is accomplished. Common * * • * * * ' the Director of General Services to the Carriers .by Water—Status of Express (c) A nonvessel operating common Assistant Secretary. These findings and Companies, Truck Lines And Other Non- carrier by water or person related there­ recommendations shall be based upon the Vessel Carriers, 6 F.M.B. 245 (1961). to, otherwise qualified, may be licensed substantial evidence of record. The NVOCC’s also act as freight forwarders as an independent ocean freight for­ weight to be attached to the evidence of and are currently doing so pursuant to warder to dispatch export shipments record will be determined by the Board rights conferred by the “grandfather moving on other than its through ex­ in the exercise of reasonable discretion clause” of P.L. 87-254. They have ap­ port bill of lading. Such carrier or per­ under all the circumstances of the par­ plied for licenses under that statute, stat­ son related thereto may collect compen­ ticular case. ing that they wish to continue to pro­ sation under section 44(e) when,' and (b) The decision shall be rendered by vide the shipping public with flexible only when, the following certification is the Assistant Secretary. A copy of the services which include both freight for­ made on the “line copy” of the ocean decision shall be furnished to both warder and NVOCC operations. As be­ carrier’s bill of lading, in addition to all parties, and shall be available for pub­ fore noted, the revised rule authorizes other certifications i*equired by section lic inspection at the office of the Chief, this. Its approval, however, is objected 44 of the Shipping Act, 1916, and this PSMB. to by the New York Foreign Freight For­ part: “The undersigned certifies that warders & Brokers Association, which neither it, nor any related person, has These regulations shall become effec­ contends that a NVOCC is a shipper in issued a bill of lading covering ocean tive on the date they are published in the relation to the actual ocean carrier and transportation oi. otherwise undertaken Federal Register. as such is prohibited from being licensed common .carrier responsibility for the Dated: February 4,1965. by the forwarder definition in P.L. 87- ocean transportation of the shipment 254. ... $ covered by this bill of lading.” When­ R ufus E. Mh .es, Jr., , This objection appears to derive from ever a person acts in the capacity of a Assistant Secretary for Administration. the original language of § 510.22(c) nonvessel operating common carrier by [F.R. Doc. 65-1457; Filed, Feb: 9, 1965; which stated that a NVOCC would be water as to any shipment he shall not be 8:49 a.m.j ' deemed a “shipper” for the purposes of entitled to collect compensation under the forwarder regulations. But in section 44(e) nor shall a common carrier adopting that language we sought only by water pay such compensation to a to foreclose a NVOCC from realizing an nonvessel operating common carrier for Title 46— SHIPPING advantage in respect to its transporta­ such shipment. tion jrates by receiving commissions, in Chapter IV— Federal Maritime the guise of freight forwarder compen­ Effective date. The - rule herein Commission sation from the underlying carrier. adopted shall become effective 15 days SUBCHAPTER B— REGULATIONS AFFECTING MAR­ Quite a different situation exists where after date of publication in the F ederal ITIME CARRIERS AND RELATED ACTIVITIES the NVOCC is functioning in a freight R egister. Since the rule relieves the [General Order 4, Arndt. 6; Docket No. 1183 J forwarder capacity and has earned com­ unduly restrictive nature of the present pensation for forwarder services actually § 510.22(c), the Commission considers PART 510—LICENSING OF INDE­ rendered. We are aware of no statu­ inapplicable the 30-day publication re­ PENDENT OCEAN FREIGHT FOR­ tory or regulatory purpose to be fur­ quirement contained in § 4(c) of the Ad­ WARDERS thered by the denial of freight forward­ ministrative Procedure Act (5 U.S.C. ing compensation in the latter circum­ 1003(c)> .ru Oceangoing Common Carriers and stances.- ■■ By the Commission1. (John Harliee, Persons Shipping for Own Account In this connection, we point out that Chairman, James V. Day, Vice Chair­ while a NVOCC may technically be a man, Ashton C. Barrett, Commissioner). On May 16,1964, the Federal Maritime shipper in relation to the actual ocean Commission published a notice of pro­ T homas Lisr, Carrier, the NVOCC has no proprietary Secretary. posed rule making in the F ederal R eg­ or beneficial interest in the cargo it ister (Docket 1183, 29 F.R. 6448) setting undertakes to transport, any more than [F.R., Doc. 65-1426; Filed, Feb. 9, 1966;, j^rth a revision to paragraph (p) of has the actual ocean carrier. A NVOCC 8:47 a.m.] §510.22 of the Commission’s Freight is thus not a person having the kind of Forwarder Regulations, General Order interest in the cargo which P.L. 87-254 4, Amendment 1 (46 CFR Part 510). requires to be divorced from freight for­ Title 47— TELECOMMUNICATION Written comments on the revision were warders so as to insure that the com­ invited and received and thereafter oral pensation carriers pay forwarders will Chapter I—-Federal Communications argument was heard. The Commission not result in rebates to shippers or othér Commission has carefully considered the comments illegality under sections 16 and 17 of the s^d arguments and is of the opinion that Shipping Act. See New York Foreign [Docket No. 15666; FCC 65-69] tne proposed rule should be modified and Freight Forwarders & Brokers Associa­ PART 2— FREQUENCY ALLOCATIONS as modified should be adopted. tion et-al', v. FMC, 337 F. 2d 289, 296 (2d n . ? Purpose of the revised rule is to AND RADIO TREATY MATTERS; Cir. 1964). GENERAL RULES AND REGULA­ nonvessel operating common car- In accordance with our original In­ water (NVOCC’s) to be licensed tent to foreclose NVOCC’s from any rate TIONS nn^de£e?£ent ocean freight forwarders under Public Law 87-254 (75 Stat. 522) advantage stemming from improper PART 74— EXPERIMENTAL, AUXIL­ forwarding commissions, the rule as IARY, AND SPECIAL BROADCAST “hrniTfCelvt forwarder compensation or herein approved prevents a NVOCC from in those instances where SERVICES rp„^ do not undertake common carrier collecting and the underlying carrier from paying freight forwarder compen­ Miscellaneous Amendments esponsibility for the ocean transporta- sation whenever the NVOCC has under­ „ J 1. 0* ^ ^ r t shipments. NVOCC’s taken to act in a common carrier ca­ In the matter of amendment of Parts fmmraCt shippers to move cargo pacity. It also requires the NVOCC to 2 and 74 of the Commission’s rules to ^ inVn ^ United States (often certify that there has been no such un­ permit limited access to the band 1990- ij nd Pofot) to an overseas destina- dertaking before compensation for 2110 Mc/s for Government space re­ ^ on a single bill of lading and at a search earth stations in support of Proj­ freight forwarding may be_ collected. ect Apollo; Docket No. 15666. tariffs ra*'e> maintain Therefore, pursuant to sections 43 and and assume respon­ 44 of the Shipping Act, 1916, as amended 1 Commissioner George H. Hearn andJohn s e Th ^ transportation of the (75 Stat. 766, 522), paragraph (c) of S. Patterson dissent filed as part of tbe g0‘ They have been held to be com­ § 510.22 is amended to read as follows: original document. 1850 RULES AND REGULATIONS Report and order. 1. The Commission 3. Associated with Station KTLA are four of 0.4°. The remaining three proposed television pickup stations and two studio earth stations will use 30' diameter adopted a notice of proposed rule mak­ transmitter links employing frequencies in ing in the above-entitled matter on Oc­ the 2025 megacycle to 2093 megacycle range. parabolic antennas with beamwidths of tober 21, 1964, which was published in Receiving antennae are on Mount Wilson, 1.2°. While the earth station is in oper­ the F ederal Register on October 28,1964 which is approximately 130 miles from the ation, the beam will not be stationary (29 F.R. 14671). Errata were published proposed Goldstone earth station and well and at any given instant could be posi­ on November 10, 1964 (29 F.R. 15180). within the interference range of the latter. tioned at any point within the 360 de­ Interested parties were invited to file A .number of other Los Angeles television grees of azimuth and approximately 180 comments on or before December 1,1964, licensees have microwave facilities in the degrees of vertical plane. Therefore, and reply comments on or before De­ same frequency range and have receiving an­ tennae on Mount Wilson. there is about one chance in roughly cember 10, 1964. 4. . . . The station uses remote facilities 60,000 that the main lobe will be aimed in 2. Comments were filed by National extensively in its news coverage, including a the direction of a given point at the same Association of Broadcasters (NAB), “Telecopter” with a mobile unit employing time it is 3 degrees above the horizontal American Broadcasting Co. (ABC), the frequency of 2025 megacycles to 2042 plane. This factor, coupled with the in­ Midwest Television, Inc. (Midwest) and megacycles. frequent Apollo flights during which the Golden West Broadcasters. No reply 5. Interference from the proposed Gold­ earth stations will be activated, reduces comments were filed. Additionally, in stone earth station could completely disrupt these activities, and by interfering with to an extremely small figure the prob­ response to the Commission’s request, Station KTLA’s studio-transmitter links, cut ability of harmful interference to a given the National Aeronautics and Space Off even studio originations. The same pros­ TV auxiliary station within the contour. Administration (NASA) provided co­ pect exists for other Los Angeles television 8. Calculations for Goldstone were ordination distance contour maps drawn stations. based on transmitting antenna gains of about each of the four proposed earth 6. We believe that extensive interference 51 db in the main lobe and 33 db in the station sites, outlining the areas within throughout the 2000 megacycle band is likely major side lobe. Those for the remain­ which interference to TV auxiliary sta­ because of the “side band splatter” character­ istic of high power doppler radar . . . ing three stations were based on gains of tions might reasonably be expected 43 and 25 db in the main lobe and major under a given set of circumstances. 6. The coordination distance contour side lobe, respectively. In each case it These maps will be retained on file in presentations do not lend themselves to was assumed that the total power was the offices of the Commission’s Broad­ reproduction in toto because of their evenly distributed over the 3600 kc/s cast Bureau for the information of pro­ bulk. Attached, however, are contour represented by the 3600F9 emission and spective TV auxiliary station licensees maps1 for each of the four locations, contours were plotted for elevation an­ planning to operate within the band based on an earth station antenna ele­ gles of 0° and 3°. In the case of Gold­ 1990-2110 Mc/s. vation of 3° above the horizontal plane. stone, assuming 0° antenna elevation 3. NAB comments expressed the fear In each case they show distances in ex­ and no site shielding the coordination that the use of 2106.4 and 2101.8 Mc/s at cess of the “order of 175 miles” referred distance along an over-land path was Goldstone, Calif.; Cape Kennedy, Fla.; to in the Commission’s Notice. However, calculated to be 555 miles. This figure Kauai, Hawaii; and Corpus Christi, Tex. these contours define not the areas with­ reduces to 375 miles when using an an­ by space research earth stations would in which destructive interference will tenna elevation of 3° and* is further result in interference to existing or fu­ necessarily be experienced but rather the ture TV auxiliary broadcast operations. reduced to 230 miles along those radials NAB also expressed the view that there areas within which existing licensees where surrounding terrain provides max­ is ample spectrum space already allo­ might experience some interference and imum site shielding. In the case of the cated to the Government without the within which prospective licensees should remaining three stations, at 0° antenna need for sharing frequencies allocated exercise particular caution in locating elevation and no site shielding, the dis­ to the Television Auxiliary Broadcast their stations. The calculated distances tance calculated for an over-land path Service. Recognizing, however, that from which the contours are derived are was 450 miles which reduces to 280 miles the Commission might go forward with based on internationally-agreed criteria for an antenna elevation of 3°. There is its proposal, NAB has requested that any developed primarily to provide interfer­ virtually no effective site-shielding avail­ Commission concurrence in the NASA ence-free frequency sharing between able at Cape Kennedy, Corpus Christi or proposal be time-limited. ABC agreed earth stations in the space service and Kauai, Hawaii. Paths which are par­ with and endorsed the comments filed by terrestrial line-of-sight radio relay tially or totally over-water are well in NAB. systems. The coordination distance excess of distances shown for over-land 4. Midwest, licensee of a television in­ along a given azimuth is that distance paths. Because of the greatly increased tercity relay station operating in the fre­ necessary to permit 99.9 percent inter­ area involved in going from 3° elevation quency, band concerned, between Los An­ ference-free operation of a microwave to 0° elevation it is reasonable to condi­ geles and San Diego, Calif., expressed the receiver when the main lobe of its re­ tion any concurrence in the NASA pro­ view that the Commission’s proposal was ceiving antenna is pointed directly at the posal with a stipulation that elevation incompatible with sound frequency allo­ main lobe of the earth station transmit­ angles of less than 3° will not be used. cations policy. Midwest considers it im­ ting antenna. For purposes of the cal­ Such a limitation would not be unduly possible to determine if interference will culation, it is assumed in all cases that restrictive inasmuch as the same an­ occur, prior to the time the Goldstone the microwave receiver has a low noise tenna is used, as a general rule, for earth station begins operation, but nev­ figure and uses an antenna with gain of transmission and reception and at very ertheless does not oppose the rule 42 db. It will be seen, therefore, that low angle? of use, earth temperatures change proposed in light of the unusual the coordination distance is a function of enter the. system and contribute signifi­ circumstances cited by the Commission earth station transmitting power, an­ cantly to the system noise, thus degrad­ in its notice. Hope was expressed that tenna size and effective gain in the ing the reception. the Commission would cooperate in find­ pertinent direction, antenna elevation 9. Having described the interference ing a suitable replacement frequency for angle, the degree to which the transmit­ potential, we now turn to the comments the Midwest operation, either within or ted signal is dispersed in frequency, ter­ filed by NAB, ABC, Midwest and Golden beyond the limits of the band 1990-2110 rain shielding and the operating fre­ West. In its notice of proposed rm® Mq/s, in the event harmful interference quency. making the Commission recognized tnai resulted from Project Apollo operations. 7. The coordination distance contour operation of the Government stations * 5. Golden West, licensee of KTLA, shown on the maps is the locus of points the non-Govemment band in fiues"i_ channel 5, Los Angeles, voiced perhaps at which interference might occur 0.1 would have an impact on non-Govern- the strongest opposition to the proposed ment users. However, because of * rule change. Pertinent portions of the percent of the time described by the substantial savings in time and mon y comments are quoted below: earth station antenna at an elevation promised by taking advantage of * of 3° as it sweeps through 360° of azi­ 2. We believe that the proposed use of peculiar circumstances involved, wn these frequencies by the proposed earth sta­ muth. Goldstone will use an 85' diam­ were discussed in detail in the notice, tion at Goldstone will cause havoc to tele­ eter parabolic antenna with a beamwidth Commission has concluded it is m vision broadcast stations in the Los Angeles national interest to concur in the jna area. 1 Piled as part of original document. proposal, with appropriate safegua Wednesday, February 10, 1965 FEDERAL REGISTER 1851 The Commission is in agreement with individual existing station in this service 2. The table in § 74.602(a) is amended NAB and ABC with regard to establishing will be minimal and that there are strong to add footnote designator “ 1 ” opposite a termination date for Government ac­ public interest considerations (as set the entry “2093-2110” Mc/s in the “Band cess to the frequencies in question, with forth in our notice of proposed rule mak­ A” column and add a footnote to the table the understanding that such a date will ing ) supporting the NASA proposal. Ac­ as follows: be subject to review at some future date cordingly, the Director of Telecommuni­ if there are persuasive arguments for cations Management will be advised that § 74.602 Frequency assignment. extending it. the Commission will amend Parts 2 and (a) * * * 10. In response to the comments filed 74 of its rules in the manner set forth Goldstone, Calif. (35°23'20” N., 116°50'53" by Midwest, the Commission will co­ below oh the understanding that the W.) operate in finding suitable replacement earth stations in question will be op­ Cape Kennedy, Fla. (28°28'54" N., 80°34'36'' frequencies for any existing TV auxiliary erated with full power only during Proj­ W.) station whose operations are subjected to ect Apollo spacecraft flights; that trans­ Corpus Christi, Tex. (27°39T9” N., 97°22'49'' harmful interference from Project Apollo missions will not occur at antenna eleva­ W.) to such a degree that a change in fre­ tion angles less than 3°; and that the Kauai, Hawaii (22°07'31'' N., 159°40T6'' W.) quency appears to be warranted and is transmitter will not be operated without Full power operation will occur only when requested by the licensee. modulation, in order to ensure that the spacecraft launched as a part of Project 11. In the Commission’s view, it is un­ total power will be distributed over a Apollo are in actual flight and at such times TV auxiliary stations operating in the chan» likely that the pessimistic predictions range of frequencies rather than concen­ nel 2093-2116 Mc/s must accept any inter­ made by Golden West will develop. Here trated on a single frequency. ference that may be caused by such opera­ we may rely on factual operating data 14. In view of the foregoing: It is tion. Operation at all other times shall be rather than theoretical considerations ordered, Pursuant to the authority con­ confined to laboratory testing and subdued alone. As indicated in the notice of pro­ tained in sections 4(i) and 303 of the radiation spacecraft tests, subject to the Con­ posed rule making, there is already in Communications Act of 1934, as dition that no harmful interference is caused operation a Deep Space Network using amended, that effective March 15, 1965, to TV auxiliary stations. frequencies in the same general portion Parts 2 and 74 of the Commission’s rules aThe frequencies 2106.4 Mc/s and 2101.8 of tiie spectrum. As a part of that sys­ are amended as set forth below. Mc/s may be assigned to Government earth tem, there is at Goldstone an earth sta­ 15. It is further ordered, That the pro­ stations at the locations listed below only, tion using an 85' parabola, approximately ceedings in Docket No. 15666 are hereby for transmissions in connection with Project the same modulation, with powers rang­ terminated. Apollo until Dec. 31, 1970. ing between 10 and 100 kw, operating on (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. [F.R. Doc. 65-1445; Filed, Feb. 9, 1965; 2113.5 Mc/s in the deep space program. 154. Interprets or applies sec. 303, 48 Stat. 8:49 a.m.] That station has been operating inter­ 1082/ as amended; 47 U.S.C. 303) mittently for at least 9 months and since the launch of Mariner TV toward Mars Adopted: February 3, 1965. [Docket Nos. 15513,15441; FCC 65-91] has been operating several hours each Released: February 4, 1965. day without any case of interference hav­ p a r t 73— RADIO BROADCAST ing been reported by Commission li­ F ederal Communications SERVICES Comm ission,2 censees, operating either on the same or Table of Assignments, FM Broadcast adjacent channels. It is that station [seal] B en F. W aple, which gave mid-course direction to the , Secretary. Stations; Minneapolis and St. Paul, Mariner vehicle now en route to the vi­ Amend Parts 2 and 74 as follows: Minn. cinity of Mars. If we assume only 10 kw 1. In § 2.106, the Table of Frequency In the matter of amendment of is used on 2113.5 Mc/s, the same contour Allocations is amended to add a new foot­ § 73.202, Table of Assignments, FM would be applicable as plotted for 2106.4 note designator “US96” in column 6 op­ Broadcast Stations (Minneapolis and St. and 2101.8 Mc/s. Our records show four posite the frequency band 1850-2200 Paul, Minn.), Docket No. 15513, RM-582; microwave operations within the limits Mc/s in column 5, and add a new footnote in re application of Hubbard Broadcast­ of that contour: KMX55, Hall Canyon “US96” as follows: ing, Inc., Minneapolis, Minn., Docket No. Hill, Calif, on 2112.5 Mc/s transmitting 15441, File No. BPH-4167, for construc­ to Santa Ynez Peak, about 180 miles from § 2.106 Table of frequency allocations. tion permit. Goldstone; KNK86, Pinehurst, Calif, on * * * * * Report and order. 1. The Commission 2112.5, Mc/s transmitting to Reedley, US96 In the band 1990-2110 Mc/s, the has before it for consideration its notice about 180 miles from Goldstone; KMS35, frequencies 2106.4 Mc/s and 2101.8 Mc/s may of proposed rule making (FCC 64-548), Highgrove, Calif, on 2115 Mc/s trans- be authorized for Government earth station transmissions in connection with Project released June 18, 1964, in response to a mitting in a northerly direction about 5 Appollo, until December 31, 1970, at the petition for rule making filed by WMIN, nules to a point about 95 miles from following sites only : Inc., licensee of radio Station WMIN Goldstone; and KPR97, Churchill Butte, (AM) ,St. Paul, Minn., on March 16,1964, on 2H9.5 Mc/ s transmitting to Mc- Goldstone, Calif. (35°23’20" N., 116°50'53" requesting the reassignment of channel ciellan Peak, Nev. about 310 miles from W.) Cape Kennedy, Fla. (28°28'54'' N., 80°34'35" 271 from Minneapolis to St. Paul, Minn. Goldstone. All but KMS35 are common W.) . In the notice we invited comments on the carrier circuits. The absence of initer- Kauai, Hawaii (22°07'31" N.,159°40T6" W.) following alternatives: xerence reports from KMS35 appears Corpus Christ!, Tex. (27°39'19" N., 97°22'49" (a) Whether to reassign channel 233 ignmcant in this instance since it is W.) or 271 or both from Minneapolis to St. considerably closer to Goldstone than is Paul. Los Angeles. Full power operation shall occur only when spacecraft launched as a part of Project (b) Whether to reassign channel 233 Our records reveal a total of eig Apollo are in actual flight. Dining such op­ or 271 or both from Minneapolis to Min- authorizations in the band 2093-21 eration, the carrier shall be fully modulated neapolis-St. Paul. Mc/s within the Goldstone 3° contoi at all times to ensure dispersal of the trans­ 2. The Commission also has under OniHf?Ur of which are Within 175 miles mitted power, and transmissions shall hot consideration in connection with this ^ldstone; three in that band within t occur using antenna elevation angles of less proceeding its Order issued May 4, 1964, C h i ™ , ? contour; two within t than 3° above the horizontal plane. Opera­ designating for hearing the applications tion at all other times shall be confined S C?Tristi .contour; and none to laboratory tests or subdued radiation of Contemporary Radio, Inc. (WAYL) aonp ', adjacent channel licensi spacecraft tests, subject to the condition licensee of FM station WAYL, Minne­ cases tobe involved in any of the fo that no harmful interference is caused to apolis (BPH-4142, Docket No. 15440), TV broadcast auxiliary stations. and Hubbard Broadcasting, Inc. (Hub­ bard), licensee of Stations KSTP(AM) Auviiw « 1 imPact on the Te 2 Commissioners Bartley and Lee absent;and KSTP-TV, St. Paul (BPH-4167, Auxiliary Broadcast Service and Commissioner Cox dissenting. Docket No. 15441), for construction per- 1852 RULES AND REGULATIONS mits for a new FM station on channel 233 5. Hennepin Broadcasting Associates, apolis-St. Paul as a “standard metro­ in Minneapolis,; also its memorandum Inc., licensee of Station KTCR(AM), politan statistical area”. It then goes opinion and order,, released June 29,1964, Minneapolis and also an applicant for a on to state that “the conclusions reached staying further proceedings in said new FM station on channel 271 at Min­ by the expert authority of the Federal Dockets Nos. 15440 and 15441 pending neapolis, filed an opposition to WMIN, Government are reenforced by the views the outcome of this rule making Inc.’s request for rule making; after this and contentions of Twin City Stations, proceeding.1 proceeding was commenced, however, it as evidenced by data and exhibits filed 3. As was stated in the notice, and also filed formal comments supporting the with the Commission ante litem motam in our report and order in Docket 15256, Commission’s alternate proposal (par. (which) support the view that Minne­ Minneapolis with a population of 482,- 1(b) above), for hyphenated assign­ apolis and St. Paul are two separate 8722 has nine FM (class C> assignments,, ments—for both channel 233 and 271.. cities but form one large community with all in use except the two channels in In its initial opposition to WMIN’s peti­ common social, economic and cultural question here. St. Paul, on the other tion, Hennepin apparently assumed that ties . . . ’ hand, while it is the capital and second WMIN has no intention of serving be­ 8. Hubbard, licensee of Station KSTP largest city in Minnesota and has a popu­ yond the St. Paul service area, inasmuch (AM) and KSTP-TV, St. Paul and an ap­ lation of 313,411, has only one FM chan­ as it (Hennepin) stated that “its at­ plicant for channel 233, also filed com­ nel—237A (Station KNOF-FM)—as­ tached engineering statement demon­ ments, in which it stated that it has no signed to it. Although St. Paul is situ­ strates that the provincial attitude of objection to the reassignment of chan­ ated in direct .geographical proximity to WMIN, Inc. in not being able to consider nel 233 from Minneapolis to St. Paul or Minneapolis, it has its own government, anything beyond the confines of the St. to Minneapolis-St. Paul (and that it has poliee and fire departments, school sys­ Paul city limits is certainly not the tendered an amendment to its FM ap­ tem, service organizations, and com­ criterion to be used in awarding class plication expressing willingness to accept munity life. There are presently three C FM facilities * * *” and asserted that assignment at either city). Hubbard AM radio stations and one television sta­ St. Paul would be only one of 43 sepa­ filed also a Petition for Reconsideration tion assigned to and operating at St. rate and distinct communities and the requesting the Commission to reconsider Paul.3 population of St. Paul represents only 17 and rescind its Memorandum Opinion 4. Petitioner, WMIN, Inc., in support percent of the total population within and Order of June 29, 1964, staying the of its request for reassignment of chan­ the service area.6 comparative hearing proceedings for the nel 271 to St. Paul (taking no position as 6. In its formal comments Hennepin channel (Dockets 15440 and 15441), and to channel 233), asserts that an intense refers to “expression of Commission urging grant of its application.8 Its pro­ rivalry exists between St. Paul and Min­ law on the principles of television as­ posed operation would put over both neapolis, and that the functions of seek­ signments”, citing the Commission’s cities a signal meeting the requirements ing out community issues and problems statement that “when a channel is as­ of the Rules for principal-city service. and devoting service time to airing them signed to two or more communities in The Hubbard amendment did not pro­ are not served at the present time for St. hyphenation, it is available for use in pose any change in programing, a fact Paul by stations in Minneapolis, “a much any of the hyphenated communities or which Hennepin urges in support of its larger community with a life and pro­ in any community within the permissible claim that this is really one homogenous gramming needs of its own”; also that designated mileage range as prescribed metropolitan area. the Minneapolis stations naturally pro­ in the Rules” (New Orleans Deintermix­ 9. In summation, the opposition to as­ gram primarily for Minneapolis needs ture Case, 15 RR 1612). Hennepin goes signing these channels to St. Paul (only) (which is) “* * * appropriate under the on to state that “this assignment prin­ is based on the contention that Min­ Commission’s rationale in NTA Televi­ ciple has been used for various reasons, neapolis and St. Paul constitute for gen­ sion Broadcasting Corp., 22 RR 273, including among others, the question of eral economic and social purposes a 295 * * *” WMIN points out that it op­ trade, industrial or cultural unity be­ single community, and that there exists erates an AM station in St. Paul and tween cities” (Community Telecasting “a trade, industrial and cultural unity” through its own experiences knows that Co., 12 RR 1508) , and that “it may ap­ between the two cities. As might be ex» St. Paul organizations do not receive ap­ propriately be used to postpone unre­ pected from the geographic proximity of propriate attention from the Minneapolis solved and conflicting demands to an these two large centers, there appears to stations, whereas it “strives to serve pre­ adjudicatory proceeding of the nature be a considerable degree of economic, dominantly the St. Paul needs through of a comparative hearing * * It is social and cultural unity, of shared or its AM facility and, if channel 271 is as­ Hennepin's contention that the “prin­ overlapping interests in some areas. But signed to St. Paul, (it) proposes to pro­ ciples of television assignments” are it also appears obvious that each city has vide FM service to its St. Paul audi­ equally applicable to the FM Table of its own trade, industrial and cultural ence * * *”á Assignments and that these “principles” identity. Therefore, while it appears to are support for its argument for hy_ I_en- be true that there is a substantial degree i This competitive situation between Hub­ ated assignments here. of unity or commonality between the bard and WAYL has since been resolved. WAYL had operated on channel 241, and 7. Supporting its position that “Min­ two, the fact remains that St. PauLj* wished to leave that channel because of a neapolis and St. Paul constitute for in its own right a large and important substantial short spacing involved; this was general economic and social purposes a city and therefore merits its own radio the reason for its filing for channel 233. single community”, Hennepin cites and television assignments, including Subsequently, in another rule making pro­ population criteria as set forth in the wide-coverage class C FM channels. ceeding (Pocket 15256) the Commission sub­ publication, “Standard Metropolitan Hennepin’s assertions concern!ng stituted channel 229 for 241 at Minneapolis Statistical Areas” prepared by the WMIN’s real programing intentions, ana (a move supported by both Hubbard and actual and proposed programing by otner WAYL) and WAYL amended its application Office of Statistic Standards, Bureau of to specify channel 229 and now has a permit the Budget, which designates Minne- AM licensees in these cities, are of reia- on that channel. This leaves Hubbard the sole present applicant for channel 233. loyalty to the local media. Minneapolis has 6 Hubbard states : “It is highly doubtfu * Population figures herein are 1960 U.S. a separate Junior Chamber of Commerce and the entry of an Order in the FM rule maKing Census figures unless otherwise indicated. i am sure that they rely upon AM and FM proceeding (Docket No. 15513), staying 3 There are two other class C PM assign­ stations that are licensed to Minneapolis to proceedings in Docket Nos. 15540 ana ments and stations in this area., channel 281 carry their messages * * *” is a valid order, in view of the fact tna at St. Louis Park and channel 223 at Golden 5 In its later formal comments, HennepinHubbard application has been designa Valley. These communities (populations takes a somewhat different approach, assert­ hearing . . . .” It also states that “ 43,310 and 14,559 respectively) are close to ing that; ***** WMIN, Inc., repeatedly em­ appropriate for the Commission, in co Minneapolis, in the opposite direction (west) phasized in Exhibit D of the application for tion with its rule making functions, to from St. Paul. assignment of license for Station WMIN the proceedings’ on an application wn 4 Typical of letters written on behalf of the (BAL-4782), filed last year that its program already been designated for hearing, * ,g. petitioner and filed with its comments was policy was based upon the needs of Minne^ seem equally appropriate for the C one from the St. Paul Junior Chamber of apolis-St. Paul * * *” and that “ indications sion to cancel its Order of Designatio ( ^ Commerce which stated that they feel "that that WMIN, Inc., felt that St, Paul was a the WAYL application is dismi^o) the people we Want to reach and motivate separate and distinct community (distin­ grant the Hubbard application wi are in Saint Paul and have a deep sense of guished from city) were noticeably absent.” hearing . . . . ’* Wednesday, February 10, 1965 FEDERAL REGISTER 1853 tively little significance here, whatever used in connection with either city; and [Docket No. 15514; FCC 65-90] weight they might have in a licensing that the FM facilities are to be installed proceeding. on a new tower to be erected at the PART 73— RADIO BROADCAST 10. We cannot agree with Hennepin KSTP(AM) antenna site.7 The Hubbard SERVICES * that the two channels should be assigned application should therefore be consid­ on a hyphenated basis. To do so would ered by itself, in the hearing proceeding Table of Assignments, FM be contrary to the present PM assign­ already designated, with further pro­ Broadcast Stations ment structure for these two cities, which ceedings in normal course, including con­ In the matter of amendment of is on a nonhyphenated basis, and would sideration by the presiding officer of the § 73.202, Table of Assignments, FM do nothing to help correct what we con­ petition for leave to amend and the prof­ Broadcast Stations (Dubuque, Muscatine sider to be an imbalance of channels be­ fered amendment. We are lifting the and Cedar Rapids, Iowa), Docket No. tween them. Were we building a Table of “stay” on the hearing proceeding im­ 15514, RM-583; amendment of § 73.202, Assignments ab initio, such a course posed by our order of June 29. Further Table of Assignments, FM Broadcast could conceivably be appropriate. But proceedings will.of course be conducted Stations (Madison, Wis.), RM-578. under the present circumstances, it ap­ in light of our rule making decision Report, memorandum opinion and pears that assignment to St. Paul only is herein. With respect to the Hennepin order. 1. The Commission has before it the appropriate course if that city is to ■application for channel 271 at Minneap­ for consideration the notice of proposed receive its fair share of the FM channels olis, further consideration of this as now rule making herein, released June 18, available in the area. before the Commission would not be ap­ 1964 (FCC 64-550), which proposed to 11. Based on the foregoing considera­ propriate, since channel 271 is no longer add a wide-coverage class C channel to tions we are of the view that the two assigned to Minneapolis. However, we Dubuque, Iowa (channel 225), by delet­ channels in question, 233 and 271, should believe Hennepin should be given a rea­ ing that channel from Muscatine, Iowa, be reassigned to St. Paul; and that the sonable opportunity to submit whatever and replacing it there with a class A proposed reassignment of channels amendments to its application are ap­ channel (237A). The shift would also would conform to all the rules and alloca­ propriate to provide for a St. Paul opera­ involve a change in class C assignments tion principles, would make for a fair and tion; and this party is given until March at Cedar Rapids (substituting channel equitable distribution of available facili­ 20, 1965, to submit such amendments. 243 for 238). As indicated in the cap­ ties, and would serve the public interest. 14. In view of the foregoing: It is fur­tion above, we also have under considera­ Authority for the adoption of the pro­ ther ordered, That : tion a petition filed by Bruce John Micek posed amendments to the FM Table of (a) The Petition for Reconsideration and Robert A. Jones, which (as supple­ Assignments is contained in sections 4(i), filed by Hubbard Broadcasting, Inc., in mented and given RM-578) requested the 303, and 307(b) of the Communications Docket 15513 on July 1,1964, is dismissed assignment of channel 224A to Madison, Act of 1934, as amended, as moot; and Wis.—a proposal consistent with all 12. In view of the foregoing: It is or­ (b) The Commission’s Order of June present assignments (including 225 at dered, That effective March 12,1965, the 29,1964 (FCC 64-588), staying the hear­ Muscatine) but conflicting with the pro­ FM Table of Assignments contained in ing proceedings in Docket 15441, is re­ posal to move 225 to DubUque. These § 73.202 of the Commission’s rules and scinded, and said proceedings shall petitioners filed comments in the dock­ regulations is amended, insofar as the proceed in normal course, in light of. the eted proceeding. Present and proposed communities named are concerned, to Report and Order in Docket 15513 assignments in the communities involved read as folldws: adopted herein; and (including those proposed in the notice (c) The application of Hennepin and in the above-mentioned petition) are City Channel Nos. Broadcasting Associates, Inc. (BPH- as follows: 4369) is held pending, provided that by Minneapolis, Minn 229,246,253,258, March 20, 1965, the applicant shall sub­ Channel Nos. 262,267,275 mit whatever amendments are appro­ City St. Paul, Minn 233,237A, 271 priate to specify a station assigned to St. Paul, Minn. If such amendments Present Proposed 13, There remains for consideratio: are not timely submitted, the application 257A, 261 A, 225, 257A, the disposition of the Hubbard appli will be dismissed; and 287 261A, 287 cation for channel 233, which, as now oi (d) This proceeding (Docket No. Muscatine, Iowa...... 225, 259 237A, 259 file, specifies operation as a Minneapoli Cedar Bapids, Iowa... 238,251,275,283 243,251,275,283 15513) is terminated. Madison, Wis______251,268,273,281 224A, 251, 268, station. On June 29, 1964 Hubbard ten 273, 281 dered an amendment to this applicatio: (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. (plus channel 294, educational) specifying opération as a St. Paul sta 154. Interpret or apply secs. 303, 307, 48 Stat. tion if that is the outcome of this presen 1082, 1083; 47 U.S.C. 303, 307) 2. Aside from the Madison proposal, proceeding, but not amending its appli Adopted: February 3,1965. the question involved here is whether cation in any other respects. This re or not a second wide-coverage class C quest to amend has not yet been actei Released: February 8,1965. channel, 225, should be assigned to Du­ upon. Hubbard asserts that it would b buque, thus giving that city two class C legal error” for us to open up its hear F ederal Communications assignments and resolving a hearing mg proceeding (Docket 15441) to permi Com m ission,8 situation between the two applicants for [seal] B en F. W aple, the one class C channel now there, but applications to be filed in competitio: Secretary. with it for this channel. Wè have deter leaving Muscatine with only one class C mined that it would not be appropriate t [F.R. Doc. 65-1446; Filed, Feb. 9, 1965; assignment (on which the operating sta­ 8:49 a.m.] tion is short-spaced) in addition to the open the pending hearing proceeding h class A channel which would be assigned the special circumstances of this case- as a replacement. The proposal is sup­ .e. the combined force of such consid 7 The technical portion of the application shows that the requirements of the Com­ ported by Dubuque Broadcasting Co. (the ations as the contiguity of St. Paul an< mission’s rules with respect to coverage of original Dubuque petitioner herein) and mneapolis (with a considerable degre the metropolitan area are complied with Telegraph Herald, the two Dubuque ap­ t h i f f interests of the two cities) whether the city of allocation and location is plicants, both of which are licensees of the fact that Hubbard is the licensee of « Minneapolis or St. Paul. We note also that, fulltime AM stations in that city (the while Hubbard states that its AM studio ad­ FM applications are BFH-3920, Docket UcempiVo? radi0 broadcast statioi dress (3415 University Avenue) is equally 15442, and BPH-4288, Docket 15443, re­ Station iTQTO,PaUl’ th a t the studio o applicable to St. Paul or Minneapolis, in the present application, as in its submission to spectively) . It is opposed by Muscatine to be hcahSTP(AM) ’ which fs Propose« the Commission generally, Hubbard has Broadcasting Co., licensee of daytime- located “ WeU for this ^ station, l given the licensee’s post office address as 3415 only AM station KWPC and of KWPC- the citie^arwf ÎÎT boundary line betweei University Avenue, St. Paul. FM on channel 259 at Muscatine. This ities and the same street address i 8 Commissioners Bartley and Lee absent. party has an application pending to shift 1854 RULES AND REGULATIONS from channel 259, on which it is short- provide Dubuque, which is over twice as 8. It is further ordered, That the pe­ spaced, to channel 225 (BPH-4535), in large as Muscatine, with wide-eoverage, tition for rule making filed by Bruce John order to improve its facilities. The pro­ competitive class C facilities, and will Micek and Robert A. Jones (RM-578) is posal is also opposed by the Madison peti­ also mean the expeditious provision of denied. tioners. There are no PM stations op­ FM service to that community and area, 9. It is further ordered, That this pro­ erating in Dubuque, and no demand has since the present competitive hearing ceeding is terminated. been shown for the class A channels as­ situation will be resolved. Provision of (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C signed there. KWPC-FM is the only PM _ a total of four channels in a city of this 154. Interpret or apply secs. 303, 307 48 station or applicant for Muscatine. All size is consistent with our general cri­ Stat. 1082, 1083; 47 U.S.C. 303, 307) four Madison channels are occupied. teria, used in setting up the FM Table of We note that as far as KWPC-FM’s Assignments, concerning number of as­ Adopted: February 3,1965. shortspaced situation on its present signments to cities of different sizes (two Released: February 5,1965. channel is concerned, since this pro­ to four in cities of 50,000 to 100,000). ceeding was instituted we have taken Provision of two wide-area assignments F ederal Communications action in Docket No. 14185, the over­ at the larger city of Dubuque in our judg­ .Commission,4 all FM rule making proceeding, con­ ment outweighs the advantage of retain­ [seal] B en F. Waple, cerning increases in facilities by “short­ ing the possibility thereof at Muscatine, Secretary. spaced” stations (Fourth Report and which is smaller in size, especially since [F.R. Doc. 65-1447; Filed, Feb. 9, 1965; Order, FCC 64-919, released Oct. 9, no demand has been shown for a second 8:49 a.m.] 1964) which will permit Station FM channel there. As noted, under our KWPC-FM, Muscatine, to obtain—on new FM assignment rules KWPC-FM its present channels 259—facilities con­ can operate on its present channel with [Docket No. 15670; FCC 65-88] siderably greater than those it seeks in its facilities considerably greater than those application to shift to channel 225 (it it seeks on Channel 225, in fact with 50 PART 73— RADIO BROADCAST proposes 25.5 kw E.R.P. and antenna kilowatts E.R.P. and 1,000 feet effective SERVICES height a.a.t. of 285 ft.). We also note antenna height. These should be ample that in July 1964, in response to a peti­ to afford FM service of good technical Table of Assignments, FM Broadcast tion filed by Jones and Micek (the same quality to a wide area. We recognize Stations; Appleton and Neenah- ¡individuals mentioned above) we as­ that Dubuque has substantially more Menasha, Wis. signed channel 292A to Middleton, Wis., local AM service (two fulltime stations a town quite close to Madison (Docket No. (one class IV) compared to one daytime- In the matter of amendment of 15424). That channel is neither oc­ only station); but in our view the dis­ § 73.202, Table of Assignments, FM cupied nor applied for, despite the state­ parity in population of the two cities Broadcast Stations (Appleton and Nee- ment in the petition that Jones and and surrounding areas nevertheless war­ nah-Menasha, Wis.), Docket No. 15670, Micek were “a prospective applicant” rants the shift in assignments adopted RM-638. for the assignment if made. All of the herein, even taking into account the ex­ Report and order. 1. The Commission foregoing parties filed comments, and isting pattern of AM service. has before it for consideration its notice in some cases reply comments, herein, 5. In reaching this decision favoring of proposed rule making (FCC 64-964), which have been considered.1 Dubuque, we have taken into account released October 22, 1964, in response to 3. Dubuque and Dubuque County havenot only the effect on assignments at a petition for rule making filed on Au­ populations of 56,606 and 80,048 respec­ Muscatine, but along with that the gust 3, 1964 by John J. Dixon (Dixon), tively.2 In addition to the three FM denial of the Madison petition which is licensee of Station WAPL (AM) Apple- channels presently assigned in the city required. In view of the number of ton, Wis., requesting the reassignment and county (two class A), there are two wide-coverage FM assignments there of Channel 289 from Neenah-Menasha fulltime AM stations. Muscatine and (four) plus one educational channel— to Appleton and the reassignment of Muscatine County, with populations of and also considering the availability of Channel 257A from Appleton to Neenah- 20,997 and 33,840 respectively, have, as the class A channel at nearby Middle- Menasha. WNAM, Inc. (WNAM), li­ mentioned, two class C FM assignments ton—the provision of an additional class censee o f. Station WNAM, Neenah- and one daytime-only AM station, A assignment does not appear a matter Menasha, joined in this rule making KWPC. Madison, and its county of great importance. In sum, then, we request with a “statement with respect (Dane), have populations of 126,706 and conclude that the advantages flowing to petition for rule making”, filed Au­ 222,095 respectively. In addition to four from the shift of channel 225 to Dubuque gust 5, 1964. class B and one educational FM chan­ outweigh the combined effect oh assign­ 2. Dixon and WNAM, having filed mu­ nels, Madison has three fulltime and two ments at Muscatine and the denial of the tually exclusive applications for Channel daytime-only AM stations. Madison petition which is required. 289 at Neenah-Menasha, subsequently Decision. 4. In our view, the public 6. Authority for the changes in § 73.- agreed, on July 30, 1964, to request the interest is best served by adoption of the 202 of the rules adopted below Is con­ institution of this rule making proceed­ proposal set forth in the notice, assign­ tained in section 4(i), 303, and 307(b) ing “in order to avoid the expense, time ing channel 225 to Dubuque and deleting of the Communications Act of 1934, as and burden of a comparative hearing, it at Muscatine, replacing it at Muscatine amended. the uncertainty of the outcome thereof, with channel 237A and making the con­ and a long delay in the institution of a comitant change in class C assignments 7. In view of the foregoing: It is new FM service in the Neenah-Menasha at Cedar Rapids,3 and denying the Madi­ ordered, That effective March 12, 1965, and Appleton areas of Wisconsin.”1 Ac­ son petition which conflicts with the new the Table of FM Assignments, § 73.202 of cordingly, in the event that the changes the rules, is amended, to read as fol­ proposed herein are made, both parties Dubuque assignment. The change will lows with respect to the communities state that they will amend their applica­ 1On Oct. 20, 1964, Dubuque Broadcast­ listed: tions to specify the new communities as ing Co. tendered a “supplement” to its com­ cities of assignment. Both also assertr— ments, calling our attention to the effect of City Channel Nos. it appears correctly—that use of the our action in Docket 14185 in improving channels a t their respective AM sites wm KWPC-FM’s position on its present channel. meet all separation requirements, it 225, 257A, 261A, 287 In view of the timing of developments in Muscatine, Iowa.. ______237A, 259 appears, as WNAM asserts, that Channel this situation, we believe that good cause 243, 251, 275, 283 230, also assigned to Neenah-Menasha, exists for acceptance and consideration of this pleading, and accordingly waive the and unoccupied, cannot be used a,t th provisions of § 1.415(d) of our rules. In a The change herein would not result in WNAM AM site (it would have to oe any event, whether or not the pleading had any lessening of class C assignments at been tendered, we would be required to note Cedar Rapids, and we also proposed the same 1 The applications (BPH-4273 and ® f _ the effect on this particular situation of a shift there in another proceeding for another 4208) have not yet been designated change in our general rules. reason (Docket No. 15690). Channel 238, bearing. . „t. s Population figures herein are 1960 U.S. which would be deleted, Is unoccupied and 4 Commissioners Bartley and Lee a»s Census figures. not applied for. Commissioner Cox dissenting. Wednesday, February 10, 1965 FEDERAL REGISTER 1855 some distance out of Neenah-Menasha). [Docket No: 15690; FCC 65-89] FM assignment is warranted, and the No oppositions to the proposed amend­ PART 73— RADIO BROADCAST only question is whether it should be ments have been filed. 221A or 237A. The AM licensee (and 3. Appleton with a population of SERVICES, original petitioner) states that either will 48,411, Neenah with a population of Table of Assignments, FM Broadcast be acceptable. The 237A assignment 18^057 and Menasha with a population would require a change in assignment at of 14,640 (1960 U.S. Census), are geo­ Stations Cedar Rapids, but as mentioned we have graphically ih very close proximity and In the matter of amendment of already proposed this for other reasons. have many common civic, economic, cul­ § 73.202, Table of Assignments, FM We have stated before that “second har­ tural, and social ties. As stated by Broadcast Stations (Iowa Falls, Iowa; monic protection” to television cannot petitioner, an PM broadcast station in West Terre Haute, Ind.; Larned, Kans.; be afforded on an overall basis without Appleton operating on Channel 289 at Kingston, N.Y.; Pittsfield, Mass.; Elmira, seriously crippling the making of FM the proposed site would be equally avail­ N.Y.; Orleans, Mass.; Magee and Hazel- assignments. We are not here passing able to all people in this general area and hurst, Miss.; Alexandria and Wadena, generally on the Palmer request, which is would be convenient to the institutions Minn.; Titusville and Ocala, Fla.; Mexi­ based on that protection concept. How­ of higher learning there. co, Hannibal, Moberly and Marshall, ever, in this one instance it appears that 4. The interchange of channels, and Mo.; Danville and Pulaski, Va. and Dur­ Palmer’s request can be accommodated use thereof as proposed by these parties, ham and Elizabeth City, N.C.; Reno, without loss of assignment potential. would conform to the Commission’s rules Nev.); Dockets Nos. 15690, RM-623, Therefore, we are assigning Channel and would not adversely affect any other RM-659, RM-627, RM-634, RM-630, 237A to Iowa Falls and changing one of station or assignment. It would obviate RM-631, RM-633, RM-647, RM-618, the Cedar Rapids assignments from 238 the present necessity for a comparative RM-621, RM-625, RM-J619, RM-620, to 243. hearing and thus help provide PM serv­ and RM-628. 5. RM-627. West Terre Haute, Ind.; ice more quickly to this area. Also, since First report and order. 1. The Com­ RM—634. Larned, Kans. The notice, in Appleton, with nearly 50,000 population, mission has before it for consideration response to a request of Floyd Huey, pro­ is larger than Neenah and Menasha com­ its notice of proposed rule making, re­ posed to assign Channel 288A to West bined, a Class C assignment to that city leased November 5, 1964 (FCC 64-1022), Terre Haute, Ind., which is a town of is clearly warranted. We have followed proposing a number of changes in the 3,006 situated 2 miles west of Terre a policy where practical of not mixing FM Table of Assignments. In the pres­ Haute. In response to a request of Rea ent document we deal with several, but Bowman, we proposed to assign Channel assignments of Class A and Class B or C not all, of the proposals contained in the 244A to Larned, Kans., which is a town of channels in the same-city, because of notice; the remainder will be dealt with 5,000 and the county seat of Pawnee the potential competitive inequality in­ shortly. All channels proposed herein County.' Terre Haute has numerous AM volved. However, under the circum­ for shift or deletion are unoccupied and stations and four FM assignments, but stances here, including the fact that the free of pending applications. All pro­ West Terre Haute has neither. Larned potential Class A station licensee sup­ posed new assignments meet the separa­ and its county have one radio station ports the move and the fact that a degree tion requirements of the rules (§ 73.207). (KANS, daytime-only, of which peti­ of “mixture” already exists in view of 2. A number of comments and reply tioner Bowman is consultant), and no the proximity of the three cities—we comments were filed in response to the present FM assignments. believe a departure from this policy is proposals set out in the notice. All duly 6. In view of the foregoing, the Com­ filed documents were considered in mak­ mission is of the view that it is in the warranted. Therefore we are of the view ing the following determinations. public interest to assign Channel 288A to that adoption of the proposed amend­ Where opposition to a proposal was filed, West Terre Haute, Ind., and to assign ments is in the public interest. Author­ it is referred to hereunder in the dis­ Channel 244A to Larned, Kans. ity therefor is contained in sections 4(1), cussion of that proposal. 7. RM-631. Pittsfield, Mass.; RM-633. 303 and 307(b) of the Communications 3. RM-623 and RM-659. Iowa Falls Elmira, N.Y. The notice, in response to Act of 1934, as amended. and Cedar Rapids, Iowa. The notice, in the petition filed by Greylock Broadcast­ 5. In view of the foregoing: It is or­ response to a petition of Iowa Falls ing Co. (licensee of AM Station WBRK, dered, That effective March 12,1965, the Broadcasting Corp. (licensee of daytime- Pittsfield), proposed to assign Channel PM Table of Assignments contained in only AM Station KIFG), proposed the 269A to Pittsfield. In addition to Sta­ § 73.202 of the Commission’s rules and assignment of either Channel 221A or tion WBRK, Pittsfield, with a population regulations is amended, insofar as the 237A to Iowa Falls. The second pro­ of 57,879, is served by AM Station WBEC. communities named are concerned, to posal, for 237A, stems from a petition of FM Channel 288A, the one channel now read as follows : ; Palmer Broadcasting Co. (licensee of assigned to Pittsfield, has a construction Station WHO-TV, Channel 13, Des permit outstanding. This was granted Moines, Iowa) for rule making, filed on after the petitioner, when denied per­ City ChannelNo. September 17, 1964 (RM-659), request­ mission to amend its application for the ing several changes in assignments (to channel to specify an improved site, de­ Appleton, Wis...__... 289 avoid what it alleges will be severe cided to seek instead the allocation of Neenah-Menasha, Wis. 230,267A second-harmonic interference problems a second channel to Pittsfield. to its television operation). These in­ 8. The notice proposed to assign Chan­ 6. 7t is further ordered, That, t clude the substitution of Channel 243 for nel 224A to Elmira in response to the Proceeding is terminated. Channel 238 at Cedar Rapids, Iowa and petition of WENY, Inc. (licensee of AM if?c* 48 Stat. 1060, as amended; 47 U f the assignment of Channel 237A to Iowa Station WENY, Elmira). Petitioner, 1082 inoor^ el ° r apply eecs- 303• 307,48 Si Falls. This change for Cedar Rapids was presently an applicant for FM Channel 1082,1083; 47 U.S.C. 303,307) also proposed by the Commission in a 232A (BPH-4259, Docket No. 15434) Adopted: February 3,1965. notice adopted on June 17, 1964, in which is already assigned to Elmira, Docket 15514, in connection with changes states that it decided to seek another Released: February 5,1965. proposed at Dubuque and Muscatine, channel here in order to avoid the un­ necessary expenses and delays of a hear­ F ederal Communication; Iowa. Commission a ing with a mutually exclusive applicant (SEAL] 4. Iowa Falls and its county (popula­ for Channel 232A (BPH-4261, Docket Ben F. Waple, tions 5,565 and 22,533 respectively)1 have 15435). In addition to Station WENY, Secretary. only one daytime-only AM station and [F.R. Doc. Elmira, with a population of 46,517, is 65-1448; Piled, Feb. 9, 19 no FM assignments. Obviously a first served by AM Station WELM and day- ______8:49 a.m.J time-oiily AM Station WEHH. 1 All population figures cited are from the 9. No comments were filed in opposi­ mmissioners Bartley and Lee absent U.S. 1960 Census. tion to these proposals. Pittsfield and No. 27——a 1856 RULES AND REGULATIONS Elmira are both communities of suffi­ to Orleans, to serve only a township of cient size and importance in their areas 2,342 population, surrounded by large to justify two PM channels, and fur­ areas of water in most directions.” thermore the requested assignments 12. We are of the View that Cape Cod, would apparently insure early institu­ relatively isolated as it is, definitely war­ tion of PM service in these cities. Ac­ rants another class B assignment if one cordingly, we are of the view that it is can be made. It appears that channel in the public interest to assign Channel 291—one of the few channels which can 269A to Pittsfield and Channel 224A to be assigned on the Cape—can be used at Elmira. Orleans and meet mileage separations; 10. RM-647. Orleans, Mass. The notice but it also appears that it can be used herein, in response to the petition of at communities somewhat farther west, Charter Broadcasting Corporation, po­ such as Hyannis, which is some 17 miles tential applicant for an FM station at from Orleans. Hyannis is a community Orleans, Mass., proposed to assign Chan­ both larger and more centrally located nel 291 to that community. Orleans than Orleans. Therefore, as far as mak­ (population 2,342) is located near the ing an assignment in the table is con­ eastern end of Cape Cod, with the cerned, it appears more appropriate to northern portion of the Cape extending assign the channel to Hyannis, and we north from Orleans to Provincetown. are amending § 73.202 accordingly. This In supporting comments, Charter urges assignment of course does not preclude the need of Orleans for a medium of assignment of a station thereon to Or­ local expression, pointing out that there leans should a more immediate demand is only one FM station on the Cape, at therefor arise, since the distance between West Yarmouth, some 15 miles distant, the two communities is less than 25 miles and asserting that the people of Orleans (see § 73.203(b) of our rules, the “25- can best be served by a local station mile rule”). rather than one at a distance, either 13. Authority for adoption of the rule on Cape Cod or on the mainland.2 amendments mentioned herein is con­ 11. Opposition, both to the original tained in sections 4(i), 303, and 307(b) petition and to the Notice proposal, was of the Communications Act of 1934, as filed by E. Anthony & Sons, Inc., licensee amended. of WOCB (AM) and WOCB-FM, West 14. In view of the foregoing: It is Yarmouth. In general, the opposition ordered, That effective March 12, 1965, takes the approach that assignment of the Table of FM Assignments, § 73.202 of Class B Channel 291, designed for the rules, is amended, to read as follows wide coverage, would represent an in­ with respect to the communities listed: efficient use of the frequency. It is pointed out that because of the location of Orleans, much of thé PM station’s City Channel signal would be wasted over water, in several directions (Charter points out Indiana that this is to some degree true of any West Terre H aute...___ 288A coastal station). It is asserted that Iowa, Orleans, with its relatively small pop­ Cedar BaDids.. 243,25Ì, 275,283 ulation, does not warrant a Class B as­ Iowa Falls. 237A signment, because it is not the center Kansas of population of a relatively isolated Lamed__ 244A area. It is pointed out that there are Massachusetts other larger places on the Cape, more Hvannis-. 291 centrally located, notably Hyannis Pittsfield...... 269A, 288A (population 5,700), which is described as New York the major business center of Cape Cod Elmira___ 224A, 232A and its county (Barnstable, population 70,286). It is asserted that WOCB-FM (Sec. 4, 48 Stat. 1066, as amended; 47 UB.C. puts a 70 dbu (3.16 mv/m) signal into 154. Interpret or apply secs. 303, 307, 48 Hyannis and other places, and a 60 dbu Stat. 1082, 1083; 47 U.S.C. 303, 307) (1 mv/m) signal into Orleans; that the Commission has recently assigned a Adopted: February 3, 1965. Class B channel (260) to Nantucket, off Released: February 5,1965. the coast of Cape Cod, from which a station would serve much of the area F ederal Communications (Nantucket is some 27 miles from Hyan­ Commission,3 nis and 35 miles from Orleans). In sum, [seal] B en F. W aple, it is asserted, “there is no legitimate rea­ Secretary. son for a third Class B PM assignment [P.R. Doc. 65-1449; Piled, Feb. 9, 1965; 8:49 a.m.] * The only AM station on Cape Cod is WOCB, West Yarmouth. 3 Commissioners Bartley and Lee absent. within 30 days of the date of publication 4. Treatm ent of milk which is DEPARTMENT OF THE INTERIOR of this notice in the F ederal R egister. dumped; 5. The classification and pricing of National Park Service J ohn A. Carver, Jr., Under Secretary of the Interior. milk used in manufactured products [ 36 CFR Part 1 1 other than fluid milk products; , February 2,1965. 6. The level of the Class I price; PARKS AND MONUMENTS [F.R. Doc. 65-1444; Filed, Feb. 9, 1965; 7. Location adjustments; 8:49 a.m.] 8. The method of making payments to Aircraft cooperative associations; and Pursuant to the authority vested in the 9. Administrative and miscellaneous Secretary of the Interior by section 3 changes. of the Act of August 25, 1916 (39 Stat. DEPARTMENT OF AGRICULTURE Findings and conclusions. The fol­ lowing findings and conclusions on the 535; 16 U.S.C. 3), it is proposed to amend Agricultural Marketing Service § 1.61 of Title 36, Code of Federal Regu­ material issues are based on evidence lations, as is set forth below. This [ 7 CFR Part 1D65 1 presented at the hearing and the record amendment will regulate dropping of thereof: cargo or persons in the national parks [Docket No. AO-86-A16] 1. Expansion of the marketing area. and monuments. MILK IN NEBRASKA-WESTERN IOWA The marketing area should be expanded The purpose of this amendment is to MARKETING AREA to include the entire Nebraska pan­ protect park values, including wilder­ handle. This, consists of the eleven ness, in national parks and monuments Decision on Proposed Amendments to counties of Banner, Box Butte, Cheyenne, by providing reasonable controls over the Tentative Marketing Agreement Dawes, Deuel, Garden, Kimball, Morrill, Scotts Bluff, Sheridan, and Sioux. aerial delivery, except in extreme emer­ and Order gency situations, of cargo or persons by These counties consist almost entirely means of parachute, helicopter, or by Pursuant to the provisions of the Agri­ of sparsely populated range lands. Com­ other means which may impinge on these cultural Marketing Agreement Act of prising almost 14,000 square miles, the values. . 1937, as amended (7 U.S.C. 601 et seq.), total population of the eleven counties Section 1.61 is amended as follows: ; . and the applicable rules of practice and according to the 1960 census is less than (1) Redesignate present paragraph procedure governing the formulation of 105,000 persons* In the entire area there (b) as (c) ; ' - -/ i ; - ^ marketing agreements and marketing are only four communities having a pop­ (2) Add a new paragraph (b) to read orders (7 CFR Part 900), a public hearing ulation.; as great as 5,000. The largest of as follows: was held at Omaha, Nebr., on August 10 these, Scottsbluff, had a population of and 11, 1964, pursuant to notice thereof 13,377 in 1960. § 1.61 Aircraft. issued on July 15,1964 (29 FJR. 9802), There are located within the proposed Upon the basis of the evidence intro­ area at the present time five unregulated (b) Except in extreme emergencies in- duced at the hearing and the record plants which would become fully regu­ volving the safety of human life or threat thereof, the Deputy Administrator, lated if the marketing area were ex­ of serious property loss no person or Regulatory Programs, on December 4, panded as recommended. There is also thing may be air delivered in the parks 1964 (29 F.R. 16920; F.R. Doc. 64-12645) an unregulated plant at Lusk, Wyo., and monuments by parachute, helicopter, filed with the Hearing Clerk, United which has some distribution within the or other means without written permis­ States Department of Agriculture, his area. Hie percentage of milk which it sion of the superintendent. recommended decision containing notice distributes in Nebraska, however, is not (1) Applicants for such permits shall of the opportunity to file written excep­ sufficient for the plant to meet the pool inform the superintendent of the park tions thereto, plant requirements of the order. Thus or monument involved, of the location at The material issues, findings and con­ it would be a partially regulated plant which the air delivery is proposed, the clusions, rulings and general findings of under the expanded order. date and time, the names of all persons the recommended decision (29 FJR. There are two additional plants in the involved in the combined ground and air 16920; F.R. Doc. 64-12645) are hereby area, one at Gering and the other at operation, the nature and purpose of the approved and adopted and are set forth Bridgeport, which are producer-handler air delivery, and such other facts as the in full herein subject to the following operations* If they maintain their pro­ superintendent may deem pertinent to modifications: ducer-handler status they would be ex­ the applicatibn. 1. Under subheading 1 Expansion of empt from all but the reporting provi­ (2) Issuance of such permits by the the marketing area, the 12th paragraph sions of the order. superintendent shall be based upon the and the first sentence of the 23d para­ , In addition to the unregulated plants public interest involved, including such graph are revised. above mentioned, milk is disposed of factors as the effect which the air de­ 2. Under subheading $ Definition of throughout the entire area by plants livery may have upon the public’s enjoy­ other source milk, the 4th paragraph is which are presently regulated under both ment of park or monument values, in­ revised and after the 6th paragraph two the Nebraska-Western Iowa order and cluding wilderness; public safety; the new paragraphs are added. * the Eastern Colorado order. essentiality of the air delivery and the 3. Under subheading 5 Classification The five plants which would become saiety of persons participating; and the and pricing of milk used in manufactured subject to full regulation receive milk availability of ground transport facilities products, the figures 86.5 and 6.7 in the from 40 producers, three of whom are as an alternative means of delivery. 11th paragraph are changed to 97 and 7.5 located In Wyoming, and the remainder * * * * respectively* of whom reside in the panhandle coun­ 4. Under subheading 6 Class I price, a ties. These are the only Grade A pro­ poi^cy °i the Department of new paragraph is added after the 19th ducers in the entire area. The three flA Iltenor whenever practicable, to af- paragraph. ^ Wyoming producers and 31 of the 37 -- .7 •6 an opportunity to partici­ The material issues on the record of Nebraska producers are members of the pate -in the rulemaking process. Ac- the hearing relate to: Nebraska-Iowa Nonstock Cooperative OTamgly, interested persons may submit 1. Extension of the marketing area to Milk Association, the major cooperative .. comments, suggestions, or ob- include several counties in western supplying milk to regulated handlers S w*th respect to the proposed Nebraska; under the present order. This associ­ S i t ? 161* to the Director, Ni 2. The definition of other source milk; ation is the proponent of the proposal to K Service, Washington, D.C., 3. Changes in diversion provisions; expand the marketing area to include 1857 1858 PROPOSED RULE MAKING the counties in the western part of the milk available, supplemental supplies Island to plants at Scottsbluff or Chad- State. could either be moved from the coopera­ ron. The handling of milk in the eleven tive's supply plant at Grand Island, However, because the panhandle plants panhandle counties is in the current of, Nebr., or producers could be transferred are not now regulated if the producers or burdens, obstructs, or affects inter­ from regulated plants at the extreme are transferred to the panhandle plants state commerce. As noted above, three western part of the present marketing such producers lose their status as pro­ of the 40 producers who regularly sup­ area to the unregulated plants. In the ducers while the milk is off the market ply handlers located therein reside in latter instance, milk would then have to and the milk ceases to be subject to reg­ Wyoming. In addition milk from a be moved from Grand Island to the ulation under the order. If the pro­ Wyoming plant is regularly disposed of plants from which the producers were ducers were considered as diverted, their in portions of the area under consider­ transferred since these plants would milk would be subject to a location dif­ ation. At least one of the unregulated normally be in relatively short supply at ferential which at Scottsbluff would re­ handlers located in western Nebraska the same time as the panhandle plants. sult in a price 25.5 cents lower than the operates routes in the State of Wyoming. The milk which the cooperative asso­ uniform price paid at pool plants. Approximately one-half of the milk ciation disposes of to presently unregu­ Similarly, when surpluses occur in the disposed of in the eleven-county area at lated plants is classified and priced by western part of the State it would be the present time originates in plants agreement according to the provisions of more economic to move excess supplies regulated under the Nebraska-Western the present order. It was stated that to presently regulated plants which could Iowa marketing order or under the East­ the cooperative association had been use it for Class I and direct to the Nor­ ern Colorado marketing area. „ Between given assurance that it would be per­ folk manufacturing plant of the coopera­ 25 and 35 percent of the regulated dis­ mitted to audit the records of the han­ tive nearby supplies of milk which other­ tribution in the area originates at plants dlers to verify the utilization of itis milk. wise would go to bottling plants. When located in the State of Colorado which It appears that this privilege has never this occurs the dairy farmers whose milk are regulated by the Eastern Colorado been exercised. is received at regulated plants become marketing order. The producers residing in Nebraska producers under the order any day that Milk from the regulated plants, par­ are paid prices comparable to those re­ their milk is received at a regulated plant. ticularly those regulated under the ceived by other members of the associ­ Thus, this transfer adds to the milk in Nebraska-Western Iowa order, is dis­ ation who are producers as defined in the pool only the excess milk from the tributed throughout the entire eleven- the present order. The three Wyoming panhandle plants thereby increasing the county area. Two of the five plants in producers, however, are paid prices percentage of Class H milk in the pool the proposed area are affiliated with which are fixed by a Wyoming State and reducing the uniform price accord­ plants regulated under the present order. regulation. These prices are somewhat ingly. On the other hand, if the milk They procure from the affiliated plants higher than the prices received by Ne­ were first received at panhandle plants all of the cottage cheese and byproducts braska-Western Iowa producers. and then transferred to the Norfolk plant and some of the milk in special types or Those plants which buy milk from non­ it would be other source milk and would sizes of containers which are distributed member producers purchase such milk not affect the pool, but the expenses in­ on their routes. Other plants in the at prices comparable to those paid for volved in such transportation would be area also rely on regulated plants for milk purchased from the cooperative as­ extremely uneconomical. If the entire specialty items. sociation. area were under one order the coopera­ All five plants rely on the Nebraska- Inclusion of the panhandle counties tive would be in a position to move milk Iowa Nonstock Cooperative Milk Asso­ in a marketing area would tend to in the most economical manner without ciation to furnish supplemental milk stabilize marketing conditions, remove affecting the pool in any way. Thus the when it is needed. This milk origi­ inequities that may now exist between marketing area recommended herein is nates at plants which are regulated panhandle dairy farmers and member practicable in view of -these marketing under the present order. producers Under the order, and facilitate conditions. At times surplus milk has been trans­ the task of the cooperative association At the present time handlers in the ferred to a manufacturing plant at in performing its marketing functions. panhandle area are buying milk at lower Johnstown, Colorado. Some of the five At the present time the reserve sup­ prices and have a competitive advantage plants now rely on the cooperative asso­ plies for plants in the eleven-county area over handlers regulated under the East­ ciation to handle seasonal surpluses of are carried by the prodùcers whose milk ern Colorado order where the Class I milk which may occur. At times milk is regulated under the present order. price is substantially higher than the has been moved from the farms of the The plants in the panhandle area are price which they are presently paying for three Wyoming producers mentioned predominately bottling plants engaged milk. Because the price they presently above to the receiving station operated primarily in bottling fluid milk. They pay does not reflect the cost of trans­ by the cooperative at Grand Island, a have no surplus disposal facilities. They portation to the panhandle they like­ pool plant under the order. tend to receive from producers only suf­ wise enjoy a substantial competitive ad­ In support of ils proposal to add thé ficient milk to take care of their bottling vantage over handlers regulated under panhandle counties to the marketing requirements. Therefore, the seasonal the Nebraska-Western Iowa order who area the cooperative stated that the surplus associated with the supplemental dispose of milk in the panhandle counties. move would create greater stability in milk needed for bottling in the short sea­ As noted above sales by handlers regu­ the market and make it easier for it to son by these plants is identified with the lated under these orders are approxi­ fulfill its commitments to handlers, both marketing order, mately one-half of the total sales in the those now regulated and those unregu­ The small seasonal surpluses which area and of this amount between 65 and lated handlers whom they service. At may occur in the panhandle plants are 75 percent originates at plants regulated the present time three of the five han­ transferred to the order pool. When­ under the Nebraska-Western Iowa order. dlers purchase their full supply from the ever the milk of the farmers in the pan­ Presently regulated handlers who ap­ Nebraska-Iowa Nonstock Cooperative handle is received at regulated plants, peared at the hearing, with the exception Milk Association. Generally this milk they become producers under the order of two who are affiliated with plants in is delivered directly to plants from the and this milk shares in the market pool. the panhandle area, favor the expansion farms of the producers located in that Since this milk is surplus to the needs of of the marketing area. One of the han­ area. The cooperative also occasionally the market, it places on the order pool dlers operating both a regulated and a supplies supplemental milk to plants the burden of the seasonal surplus of thè unregulated plant did not oppose e ■ which do not regularly purchase milk panhandle farms. pansion of the marketing area but w from its members. When milk is needed in the panhandle opposed to any increase in the leve ^ counties it would be more economical for the Class I price in the panhandle oo This supplemental miik has been sup­ the cooperative association to shift pro­ ties. The question of class pricing plied by shifting local producers from ducers to that area from the western­ be discussed below. . „¡it the plants which they normally supply most plants now regulated and move milk It is necessary that all producer to those plants which are short of milk. from Grand Island to the plant from be fully regulated under the ora * However, if those plants normally sup­ which the milk was taken than to haul gardless of whether it is Jdispos plied by the cooperative did not have milk from the receiving station at Grand within or without the marketing Wednesday, February 10, 1965 FEDERAL REGISTER 1859 Otherwise, the effect of the order would should be amended to provide that up market during the entire month preced­ be nullified and the orderly marketing to 50 percent of the production of any ing would be scattered through the milk- process would be jeopardized. producer may be diverted to a nonpool shed. Their milk would be picked up If only a pool handler’s “in-area” milk plant during the months of July through on trucks which carried the milk of is subject to classification, pricing and February. The present order provides other producers who had been on the pooling, a handler with sales outside the that milk of a producer may be diverted market. Since milk may be diverted marketing area could assign any value he for not more than 16 days during each of only in truck loads, any such producer chose to such sales and thereby reduce these months. It is more appropriate to whose milk was on a route which was the average cost of his Class I milk below base the amount of milk which may be diverted to the manufacturing plant that of other regulated handlers having diverted on the producer’s total produc­ would lose his status as a producer for all, or substantially all, of their Class I tion during the month rather than on a the month. The proposal of the coopera­ sales within the marketing area. In specific number of days. Under the tive association in this regard should not short unless all milk of such a handler present order a dairy farmer might be be adopted. is fully regulated he would not in fact be a producer on the market for only 17 3. Definition of other source milk. subject to effective price regulation at all. days and yet have his milk diverted on The definition of other source milk pro­ The absence of effective classification, 16 of those days. Under the proposal vided in the order should be revised to pricing and pooling of such milk would recommended, half of the producer’s milk include any disappearance of nonfluid disrupt orderly marketing conditions may be diverted regardless of the num­ milk products not otherwise accounted within the regulated marketing area and ber of days that he was. a producer during for. lead to a complete breakdown of the the month. Any milk diverted in excess The order now includes in the defini­ order. of 50 percent should be nonproducer tion of other source milk only those non­ If a poor handler were free to value milk for that month and should be ex­ fluid products which have been reproc­ a portion of his milk at any price he cluded from pooling under the order. essed or converted to another product in chose it would be impossible to enforce The cooperative association proposed the plant during the month. It can be uniform prices to all fully regulated that, if a producer’s milk were overdi­ argued that the handler is not required handlers or a uniform basis of payment verted, all 'of the milk produced by him under the present order to account to the to the producers who supply the market. during the month should be considered market administrator for such products It is essential therefore that the order other source milk. It does not appear Which have disappeared but which are price all producer milk received at a pool reasonable to adopt such a proposal since not shown to have been reprocessed or plant regardless of the point of disposi­ producers as individuals often have no used in the manufacture of other prod­ tion. control over the diversion of their milk. ucts. Proper administration of the order Limited specified quantities of class I This is at the discretion of either the requires that the handler account for milk may be sold within the regulated cooperative association or the propri­ the disposition of such products. Other­ marketing area from plants not fully etary handler who receives their milk. wise, the door is left open for circumven­ regulated by any Federal order. There The order now provides for unlimited tion of the order provisions. is, of course, no way to treat such unreg­ diversion of producer milk during the If a handler were to purchase 100 bags ulated milk uniformly with regulated months of March through June. The of nonfat dry milk solids and report only milk other than to regulate it fully. cooperative proposed that the month o£ 90 bags used ip fortified products, or Nevertheless it has been concluded that March be added to the period of limited otherwise disposed of, and yet have no the application of “partial” regulation to diversion. They stated that March was nonfat dry milk solids remaining on plants having a very small association not a month of high production. There­ hand, under the terms of the present with the market (less than the amount fore, there would be no need to divert order there is a question as to whether, required for market pooling) would not milk other than on weekends during technically, the ten bags of powder not jeopardize marketing conditions within March. A review of the market statis­ accounted for would be other source the regulated marketing area. Official tics, however, indicates that daily aver­ milk. It is considered other source milk notice is taken of the June 19,1964, deci­ age production during the month of and thus is subject to class pricing under sion (29 F.R. 9214) supporting amend­ March is very nearly as great as during the order, only as the market adminis­ ments to several orders,' including the the month of April and in two of the past trator assumes that the disappearance of Nebraska-Western Iowa order. three years has been greater than pro­ the powder and the handler’s inability This partial regulation consists of re­ duction during the month of June. to account for it constitutes evidence that quiring a payment equal to the difference Under these circumstances, it is evident the nonfat solids in question had been between the Class I price and the that March from a production stand­ used in the production of fluid milk wfijfhted average value of producer milk point corresponds more closely to the products. with respect to all Class I sales made in surplus production months of April, May By adding to the definition of other the marketing area. This payment is and June than to the other months of the source milk, “any disappearance of prod­ not assessed, however, if the partially year. The order should continue to pro­ ucts, other than fluid milk products, regulated handler exercises either of the vide that milk may be diverted in un­ which are in a form in which they may alternative options provided him of (1) limited quantities during the month of be converted into fluid milk products purchasing at the Class I price under any March. and which are not otherwise accounted federal order sufficient Class I milk to The cooperative also proposed that for,” there will be no doubt of the market ver his limited disposition within the milk of a producer not be permitted to administrator’s authority to consider as fa™lng area’ or Paying his dairy be diverted during the flush production used for fluid purposes nonfat solids for xarmers an amount not less than the months unless he had been a producer which the handler was unable or unwill­ their milk computed on the during the entire month precéding the ing to account otherwise. nr™* • classification and pricing period of unlimited diversion. It was Handlers opposed the change on the » » of the order (the latter rep- their contention that, otherwise, the or­ ground that they would thereby be ac­ nhiioof^ ^,n amount equal to the order der provisions would be subject to abuse countable for products which might have fun5aÎ!°n1fPted. cess cream which could be disposed of or divert ph tune, 1X0no milkmilK »is transferedtransi only through such outlets and that the The maintenance of proper price Pool plant« m rfSda,ted handlers to non­ price received for such cream was less alignment between competing markets is also an important consideration in cottage cheeseU Att0 Produce A than the Class n price now fixed in the there are present time order. establishing Class I prices under an the disposal o ? ° utlf s available foi The order cannot be expected to order. The marketing area as defined Should anvof °*u surplus fluid milk guarantee that a handler will make a herein abuts both the Eastern Colorado .. any of the present outlets foi profit, or even break even, on every busi­ and the Black Hills marketing areas. 1862 PROPOSED RULE MAKING

Although, there is presently no milk also operates a pool plant at Lincoln so Scottsbluff recognize the additional being sold by handlers located in the that he may minimize any competitive transportation cost which would be nec­ Chadron-Scottsbluff area into the disadvantage with respect in eastward essary to deliver supplemental miiy to Eastern Colorado or Black Hills market­ sales from his North Platte plant. these points rather than to Omaha from ing areas, there is no reason to assume The supply of milk at North Platte the usual sources of such milk. During this will continue to be the case when has not been adequate to fulfill Class I certain months of 1963 and 1964 the these handlers become fully regulated* needs plus a reasonable reserve. The major cooperative found it necessary to The uncertainty regarding the status cooperative has found it necessary to import supplemental milk. This miiy of partially regulated handlers which transfer milk from its Grand Island re­ was obtained from sources in Iowa, existed until August 1,1964, undoubtedly ceiving station to the plant at North Minnesota and Wisconsin and supplied had an inhibiting effect on the expan­ Platte. A realignment of prices at this to handlers in Omaha and Lincoln, Ne­ sion of sales by unregulated handlers location is thus necessary. The pro­ braska. At times when milk is in short into regulated markets. . _—•. posed increase should tend to attract supply, the cooperative has redirected However, as noted above, Eastern an adequate supply of milk in this area. bulk tank routes normally received at its Colorado handlers distribute substan­ Handlers in the western part of the Grand Island receiving station for trans­ tial quantities of milk in the western part State opposed the proposed increase in fer to plants in the Omaha and Lincoln of Nebraska. There is a great deal of the Class I price. When North Platte areas to plants in the western part of competition in this area hetween and Grand Island were regulated under the State. Otherwise it might have been presently unregulated handlers, and the Platte Valley marketing order be­ necessary to import milk to supply these handlers regulated under both the exist­ fore its merger with the Omaha - Council plants. It is obviously more economical ing Nebraska-Western Iowa order and Bluffs-Lincoln order the price was 10 to have supplemental milk from Minne­ the Eastern Colorado order. In addi­ cents higher than the price at Omaha. sota received at Omaha or Lincoln in­ tion at least one handler regulated under Subsequently such price was reduced to stead of North Platte. the Nebraska-Western Iowa order dis­ the same level as the Class I price in The proposed Class I differentials tributes milk into the Eastern Colorado Omaha. would result in substantial equity among order from its plant at North Platte Decisions issued in 1958 (23 F.R. 948) all handlers competing for sales in the which is in the proposed Central pricing and 1961 (26 F.R. 9717) denied proposals major population centers in the market­ zone. that the Class I price at North Platte ing area. The proposed conforming The receiving station of the Nebraska- be higher than the Omaha Class I price. change in uniform prices to producers Iowa Nonstock Cooperative Association The reason given for the 1958 denial was would also tend to assure handlers that at Grand Island qualified as a pool sup­ that North Platte plants had substantial an adequate supply of milk will continue ply plant under the Eastern Colorado eastward distribution and they would, to be available locally. order through shipments from that plant therefore, be at a competitive disad­ Handlers who operate plants in the dining the fall of 1963. (Official notice vantage with respect to such sales. In Central and Western zones of the mar­ is taken of the market administrator’s 1961 it was concluded that no increase keting area raised objections in their ex­ 1963 bulletins for Federal Order No. 137.) was appropriate since prices equal to ceptions to the proposed Class I prices in During this same period a number of the those in Omaha had attracted an ade­ these areas. These exceptions are over­ cooperative’s members located in western quate supply of milk. ruled for the reasons set forth above. Nebraska shipped their milk directly to There have been a number of signifi­ 7. Location adjustments. The pres­ Eastern Colorado pool plants and cant changes since the evidence on which ent order provides that Class I and uni­ thereby qualified as producers under that these decisions were based was received. form prices at pool plants located more order. The Eastern Colorado milk order is now than 80 miles from certain specified It is evident, therefore, that there in effect. The Class I price under this points in the marketing area shall be re­ must be proper alignment of prices be­ order is $.70 higher than the Class I duced 12 cents plus an additional 1.5 tween handlers located in western price applicable at North Platte. This Cents for each 10 miles or fraction there­ Nebraska and those regulated under the higher price has resulted in producers of that such distance exceeds 90 miles. Eastern Colorado order. If the located in western Nebraska shipping . This provision should be continued. Nebraska prices are too low relative to their milk to Eastern Colorado pool Because of the expansion of the market­ those in Eastern Colorado, Order 137 plants. The association has found it ing area and the establishment of pric­ handlers would be at a competitive dis­ economical to transfer milk from its ing zones within the marketing area, it advantage for sales within their own Grand Island plant to Denver handlers is necessary that additional basing points marketing area. Also dairy farmers at the Order No. 137 Class I price, while be established and that the prices effec­ who constitute the local supply for west­ at the same time paying the Nebraska- tive at the affected plant be those which ern Nebraska handlers would be en­ Western Iowa Class I price for milk are applicable at the nearest basing couraged to become associated with the imported from Minnesota to supply han­ point subject to the appropriate adjust­ Eastern Colorado pool to take advantage dlers in the Omaha-Lincoln area. Also ment. of the higher prices. packaged products are being distributed Chadron and Scottsbluff should be A differential of $1.80 over the basic in the Eastern Colorado marketing area added as basing points in the Western formula at Scottsbluff would result in from a plant located at North Platte. zone, and Norfolk should be substituted a Class I price at an Order 65 pool plant A representative of the Denver Milk for Columbus as a basing point in the at that location almost identical to the Producers, Inc., a cooperative represent­ Eastern zone. Class I which would be applicable at ing a majority of the producers in the At the present time there are no plants such plant if it were fully regulated Eastern Colorado market, proposed a located outside the defined zones which under the Eastern Colorado order. The differential of $1,715 at North Platte. would qualify as pool plants under the proposed differential of $1.55 at North He stated that this price would be neces­ order. Platte would result in handlers in this sary to bring about Class I price align­ Scottsbluff is the major population area being on an approximately equal ment between North Platte and Denver. center in the Western zone. Chad«® competitive basis with Scottsbluff han­ The competition for sales in the North is the largest city in the northern portion dlers in the cost of milk delivered to Platte zone is mainly between local han­ of this zone. Use of these two cities ww Scottsbluff. At the same time handlers dlers and those in the Grand Island establish a better balance in the in this $1.55 zone will not be at a dis­ area, while the volume of sales by the pattern than would the use of a smgi advantage with Grand Island distribu­ North Platte handler into the Eastern basing point in the Western zone. _ tors because these handlers will have Colorado marketing area is compara­ For the same reason Norfolk has bee incurred additional transportation costs tively small. Adoption of a differential substituted for Columbus as one oliae in delivering milk to North Platte. higher than $1.55 in the North Platte zone would place these handlers at a basing points in the Eastern zone. Ther The distribution from the plant at serious disadvantage with their major are no pool plants in Columbus, whic North Platte is greater in the areas competitors and is therefore not is located in the same general area where an increase in the Class I price appropriate. Grand Island, Lincoln and Oman». is proposed than its eastward distribu­ As noted above the proposed differ­ Norfolk is directly north of Colum tion. The handler operating this plant entials at North Platte, Chadron and It contains two pool plants as we Wednesday, February 10, 1965 FEDERAL REGISTER 1863 the surplus disposal plant operated by products be Class I if transferred or carefully and fully considered in con­ the cooperative association. Using it as diverted to a nonpool plant located more junction with the record evidence per­ a basing point will give more balance than 200 miles from the nearer of Omaha taining thereto. To the extent that the since it will distribute the basing points or North Platte. In the past surplus findings and conclusions, and the regula­ more uniformly throughout the market­ milk from the Scottsbluff area has been tory provisions of this decision are at ing area. Its use will not affect prices at moved to Johnstown, Colorado, for man­ variance with any of the exceptions, any pool plant nor at either of the two ufacturing purposes. To accommodate such exceptions are hereby overruled for plants in Iowa which are presently sub­ the orderly disposition of surplus milk the reasons previously stated in this ject to partial regulation under the order. in this portion of the marketing area, decision. 8. Payments to cooperative associa­Scottsbluff should be added as a basing Marketing agreement and order. An­ tions. The order should be amended to point for determining the nonpool nexed hereto and made a part hereof are provide that handlers pay a cooperative plants at which transfers or diversions two documents entitled respectively, association at the class prices rather may be accounted for at less than — “Marketing Agreement Regulating the than at the uniform price for milk re­ Class I. Handling of Milk in the Nebraska- ceived from the cooperative association It is further concluded that the order Western Iowa Marketing Area”, and in its capacity as the handler for its as modified by the amendments above “Order Amending the Order Regulating members’ milk. recommended is a proper instrument for the Handling of Milk in the Nebraska- From the inception of the original regulation of the marketing of milk in Western Iowa Marketing Area”, which Omaha-Council Bluffs order in April the. eleven counties to be added to the have been decided upon as the detailed 1939 until November 1961, a cooperative marketing area. and appropriate means of effectuating association was the handler for all its Rulings on proposed findings and con­ the foregoing conclusions. member milk. Handlers paid the co­ clusions. Briefs and proposed findings It is hereby ordered, That all of this operative association at the class prices and conclusions were filed on behalf of decision, except the attached marketing and the cooperative association settled certain interested parties. These briefs, agreement, be published in the F ederal with the market administrator through proposed findings and conclusions and R egister. The regulatory provisions of the producer-settlement fund. Since the evidence in the record were consid­ said marketing agreement are identical November 1961, handlers have settled ered in making the findings and conclu­ with those contained in the order as directly with the market administrator sions set forth above. To the extent hereby proposed to be amendée! by the and the cooperative associations have re­ that the suggested findings and conclu­ attached order which will be published ceived the uniform price for their mem­ sions filed by interested parties are with decision. ber milk. inconsistent with the findings and con­ Referendum order; determination of The major cooperative association, clusions set forth herein, the requests representative period; and designation of after three years experience under the to make such findings or reach such referendum agent. It is hereby directed present procedine, feels that its market­ conclusions are denied for the reasons that a referendum be conducted to deter­ ing efficiency has been impaired.- When previously stated in this decision. mine whether the issuance of the at­ handlers purchase milk at class prices General findings. The findings and tached order, as amended and as hereby rather than at the uniform price the as­ determinations hereinafter set forth are proposed to be amended, regulating the sociation is much better informed as to supplementary and in addition to the handling of milk in the Nebraska- the fluid needs of the handlers in the findings and determinations previously Western Iowa marketing area, is ap­ market. It is thus in a better position to made in connection with the issuance of proved or favored by the producers, as distribute available supplies among han­ the aforesaid order and of the previously defined under the terms of the order, as dlers to meet their individual require­ issued amendments thereto; and all of amended and as hereby proposed to be ments. Since this association represents said previous findings and determina- amended, and who, during the repre­ approximately 95 percent of the produc­ vtions are hereby ratified and affirmed, sentative period, were engaged in the pro­ ers on the present market, and 85 per­ except insofar as such findings and de­ duction of milk for sale within the afore­ cent of the producers in the area terminations may be in conflict with the said marketing area. proposed to be added to the market, the findings and determinations set forth The month of November 1964 is hereby ability of the cooperative association to herein. determined to be the representative pe­ shift its member milk to the best advan­ (a) The tentative marketing agree­ riod for the conduct of such referendum. tage is of extreme importance to the ment and the order, as hereby proposed Wayne McPherren is hereby desig­ economy and efficiency of the entire to be amended, and all of the terms and nated agent of the Secretary to conduct market. £ *-• . conditions thereof, will tend to effectu­ such referendum in accordance with the Adoption of this provision will in no ate the declared policy of the Act; procedure for the conduct of referenda to Way affect handlers’ costs for milk. It (b) The parity prices of milk as de­ determine producer approval of milk will result only in their paying the' entire termined pursuant to section 2 of the marketing orders (15 F.R. 5177), such cost of their milk to the cooperative Act are not reasonable in view of the referendum to be completed on or before association, rather than paying part to price of feeds, available supplies of feeds, the 30th day from the date this decision ~*e cooperative association and part to and other economic conditions which is issued. the producer-settlement fund in the affect market supply and demand for case of high utilization handlers, or in milk in the marketing area, and the min­ Signed at Washington, D.C., on-Feb­ he case of low utilization handlers, pay- imum prices specified in the proposed ruary 4, 1965. cooperative association more marketing agreement and the order, as G eorge L. Mehren, than the use of value of their milk and hereby proposed to be amended, are such Assistant Secretary. *hg reimbursed from the producer- prices as will reflect the aforesaid fac­ Order1 Amending the Order Regulating settlement fund. tors, insure a sufficient quantity of pure the Handling of Milk in the Nebraska- tv,!!’ ^f^ormingr changes. Because ol and wholesome milk, and be in the pub­ Western Iowa Marketing Area nature of the amendments lic interest; and rmri!^Se(Lakove has been necessary to (c) The tentative marketing agree­ Sec. m ilt*vther sections of the order to ment and the order, as hereby proposed 1065.0 Findings and determinations. a m on jhcm conform to the recommended to be amended, will regulate the han­ Definitio ns arp Such changes, however dling of milk in the same manner as, 1065.1 Act. tho nni substantial and will not afifecl and will be applicable only to persons 1065.2 Secretary. in the respective classes of industrial 1065.3 Department. Producers.aS ** applies to handlers and and commercial activity specified in, a 1065.4 Person. marketing agreement upon which a markon!?11 °f ^ eleven counties to the 1 This order shall not become effective un­ forming tv.area Would ^ n i r e a con- hearing has been held. Rulings on exceptions. In arriving at less and until the requirements of § 900.14 ProViS fhange in the basing points of the rules of practice and procedure gov­ ordprd??in % tr&nsfer provisions. The the findings and conclusions, and the erning proceedings to formulate marketing butterfl fes.en!^ requires skim milk anc regulatory provisions of this decision, agreements and marketing orders have been t fat in the form of bulk fluid milt each of the exceptions received was met. No. 27----- 5 1864 PROPOSED RULE MAKING

Sec. § 1065.0 Findings and determinations. 1065.5 Cooperative association. Order relative to handling, it iS 1065.6 Nebraska-Western Iowa marketing The findings and determinations here­ therefore ordered, that on and after the area. inafter set forth are supplementary and effective date hereof, the handling of 1065.7 Producer. in addition to the findings and deter­ milk in the Nebraska-Western Iowa mar­ 1065.8 Handler. minations previously made in connection keting area shall be in conformity to and 1065.9 Producer-handler. with the issuance of the aforesaid order in compliance with the terms and condi­ 1065.10 Distributing plant. and of the previously issued amendments tions of the aforesaid order, as amended 1065.11 Supply plant. thereto; and all of said previous findings and as hereby further amended as 1065.12 Pool plant. follows: 1065.13 Nonpool plant. and determinations are hereby ratified 1065.14 Producer milk. and affirmed, except insofar as such find­ The provisions of the proposed market­ 1065.15 Other source milk. ings and determinations may be in con­ ing agreement and order amending the 1065.16 Fluid milk product. flict with the findings and determina­ order contained in the recommended de­ 1065.17 Route. tions set forth herein. cision issued by the Deputy Administra­ 1065.18 Butter price. (a) Findings upon the basis of thetor, Regulatory Programs, on December Market Administrator hearing record. Pursuant to the provi­ 4, 1964 (29 P.R. 16920; P.R. Doc. 64- 1065.20 Designation. sions of the Agricultural Marketing 12645), shall be and are the terms and 1065.21 Powers. Agreement Act of 1937, as amended (7 provisions of this order, and are set forth 1065.22 Duties. U.S.C. 601 et seq.), and the applicable in full herein subject to the following revisions : R eports, R ecords and Facilities rules of practice and procedure govern­ ing the formulation of marketing agree­ 1. In § 1065.15 paragraph (b) is 1065.30 Reports of ? eceipts and utilization. ments and marketing orders (7 CFR Part revised. 1065.31 Payroll reports. 900), a public hearing was held upon cer­ 2. In § 1065.73 paragraph (b) is 1065.32 Other reports. revised. 1065.33 Records and facilities. tain proposed amendments to the tenta­ 1065.34 Retention of records. tive marketing agreement and to the or­ D efinitions der regulating the handling of milk in Classification the Nebraska-Western Iowa marketing § 1065.1 Act. 1065.40 Skim milk and butterfat to be clas­ area. Upon the basis of the evidence in­ “Act” means Public Act No. TO, 73d sified. troduced at such hearing and the record Congress, as amended, and as re-enacted 1065.41 Classes of utilization. thereof, it is found that: 1065.42 Shrinkage. and amended by the Agricultural 1065.43 Responsibility of handlers and re­ ( 1 ) The said order as hereby amended, Marketing Agreement Act of 1937, as classification of milk. and all of the terms and conditions amended (7 U.S.C. 601 et seq.). 1065.44 Transfers. thereof, will tend to effectuate the de­ § 1065.2 Secretary. 1065.45 Computation of skim milk and but­ clared policy of the Act; terfat in each class. (2) The parity prices of milk, as de­ “Secretary” means the Secretary of 1065.46 Allocation of skim milk and butter- termined pursuant to section 2 of the Agriculture of the United States or any fat classified. Act, are not reasonable in view of the officer or employee of the United States Min im u m Prices price of feeds, available supplies of feeds, authorized to exercise the powers and to perform the duties of the Secretary of 1065.50 Basic formula price. and other economic conditions which af­ 1065.51 Class prices. fect market supply and demand for milk Agriculture. 1065.52 Butterfat differentials to handlers. in the said marketing area, and the min­ § 1065.3 Department. 1065.53 Location adjustments to handlers. imum prices specified in the order as 1065.54 Use of equivalent prices. hereby amended, are such prices as will “Department” means the United States Department of Agriculture or any other Application of Provisions reflect the aforesaid factors, insure a sufficient quantity of pure and wholesome Federal agency authorized to perform 1065.60 Producer-handler. milk, and be in the public interest; the price reporting functions specified in 1065.61 Plants subject to other Federal this part. orders. (3) The said order as hereby amended, 1065.62 Handler operating a partially regu­ regulates the handling of milk in the § 1065.4 Person. lated distributing plant. same manner as, and is applicable only to persons in the respective classes of “Person” means any individual, part­ D etermination of Prices to Producers industrial or commercial activity speci­ nership, corporation, association, or any 1065.70 Computation of the net pool obliga­ fied in, a marketing agreement upon other business unit. tion of each pool handler. which a hearing has been held; § 1065.5 Cooperative association. 1065.71 Computation of uniform prices. 1065.72 Butterfat differential to producers. (4) All milk and milk products han­ “Cooperative association” means any 1065.73 Location differentials to producers dled by handlers, as defined in the order cooperative marketing association which and on nonpool milk. as hereby amended, are in the current of the Secretary determines, after applica­ 1065.74 Notification of handlers. interstate commerce or directly burden, tion of the association: P aym ents obstruct, or affect interstate commerce in (a) Is qualified under the provisions milk or its products; and of the Act of Congress of February 18, 1065.80 Time and method of payment. (5) It is hereby found that the neces­ 1065.81 Producer-settlement fund. 1922, as amended, known as the “Capper- 1065.82 Payments to the producer-settle­ sary expense of the market administrator Volstead Act”; ment fund. for the maintenance and functioning of (b) Has full authority in the sale of 1065.83 Payments out of the producer- such agency will require the payment by milk of its members and is engaged m settlement fund. each handler, as his pro rata share of making collective sales of, or marketing, 1065.84 Adjustment of accounts. such expense, 3 cents per hundredweight milk or its products for its members; 1065.85 Marketing services. or such lesser amount as the Secretary (c) Has its entire activities under the 1065.86 Expense of administration. may prescribe, with respect to: producer control of its members. 1065.87 Termination of obligations. milk and milk received from a cooperative Miscellaneous P rovisions association as a handler pursuant to § 1065.6 Nebraska-Western Iowa mar­ keting area. 1065.90 Effective time. § 1065.8(d) ; other source milk allocated 1065.91 Suspension or termination. to Class I pursuant to § 1065.46(a) (3) The Nebraska-Western Iowa market­ 1065.92 Continuing obligations. and (7) and the corresponding steps of ing area, hereinafter nailed “marketing 1065.93 Liquidation. § 1065.46(b) ; and Class I milk disposed area” means all the territory within 1065.94 Agents. of from a partially regulated distributing counties and townships enumerated De- 1065.95 Separability of provisions. plant on routes in the marketing area that exceeds Class I milk received during low, together with all territory . ^ Au t h o r it y : The provisions of this Part the boundaries so designated whic i 1065 issued under secs. 1-19, 48 Stat. 31, as the month at such plant from pool plants amended: 7 U.S.C. 601-674. and other order plants. cupied by Government (municipal, Wednesday, February 10, 1965 FEDERAL REGISTER 1865 or Federal) reservations, installations, § 1065.9 Producer-handler. after until the plant again qualifies as a institutions or other establishments : "Producer-handler” means any përson pool plant on the basis of shipments. ; (a) Eastern zone. The counties of who is both a dairy farmer and the oper­ § 1065.13 Nonpool plant. Harrison and Mills and the townships of ator of a distributing plant, and who Boomer; Crescent, Garner, Hardin, meets the qualifications specified in par­ "Nonpool plant” means any milk re­ Hazel Dell, Kane, Keg Creek, Lake, Lewis, agraphs (a) and (b) of this section; ceiving, manufacturing or processing Minden, Neola, Norwalk, Rockford, Silver °f the Act or a cc (1) (i) of this section; l action specified in such notice, as Class I milk, if transferred from a (8) In shrinkage of skim milk and but­ pool plant to the pool plant of another ShaU retain such books i terfat, respectively, assigned pursuant handler, subject to the following con­ 2 ® or specified books and reco: to § 1065.42(b) (1) , but not to exceed the ditions : mttii further written notification fi following: (1) The skim milk or butterfat so as­ case S !fket, administrat°r. In eit (i) Two. percent of milk received di­signed to any class shall be limited to the market administrator shall g rectly from producers; plus the amount thereof remaining in such 186& PROPOSED RUEE MAKING class in the plant (s) of the transferee utilization at such nonpool plant in ex­ (4) If information concerning the handler after computations pursuant to cess of receipts of packaged fluid milk classification to which allocated: under § 1065.46(a) (8) and the corresponding products from all poo! plants and other the other order is not available to the step of § 1065.46(b); order plants : market, administrator for purposes of (2) If the transferor handler received (i) Any Class I utilization disposed of establishing classification pursuant to during the month other source milk to on routes in the marketing area shall bë this paragraph, classification shall be as be'-allocated pursuant to § 1065.46(a) (3) first assigned to the skim milk and but­ Class I, subject to adjustment when such and the corresponding Step of § 1065.46 terfat in the fluid milk products so trans­ information is available; (b), the Skim milk and butterfat sb ferred or diverted from pool plants, next (5) ~For the purposes of this paragraph transferred shall be classified so as to pro rata to receipts from other order if the transferee order provides for only allocate the least possible Class I or Class plants and thereafter to receipts from two classes of utilization, milk allocated II utilization to Such other source milk; dairy farmers who the market admin­ to a class consisting primarily of fluid and 1 istrator determines constitute regular milk products shall be classified as Class (3) If the transferor handler received sources of supply of Grade A milk for I, and milk allocated to Class H under dining the month other source milk to such nonpool plant; . the other order shall be classified as be allocated pursuant to § 1065.46(a) (7) (ii) Any Class I utilization disposed Class IH; and or (8) and the corresponding steps of of on routes in the marketing area of (6) If the form in which any fluid milk § 1065.46(b), the skim milk and butter- another order issued pursuant to the product is transferred to an other order fat so transferred up to the total of Act shall be first assigned to receipts plant is not defined as a fluid milk prod­ such- Receipts shall not be classified as from plants fully regulated by such or­ uct under such other order, classification Class I milk or Class EE milk to a greater der, next pro rata to receipts from pool shall be in accordance with the provi­ extent than would be applicable to a like plants and other order plants not regu­ sions of 1 1065.41. quantity of such other source milk re­ lated by such order and thereafter to re­ ceived at the transferee plant; ceipts from dairy farmers who the mar­ § 1 0 6 5 .4 5 Computation of skint milk (b) As Class I milk, if transferred ket administrator determines constitute and butterfat ih each elass. fi*om a. pool plant to a producer-handler; regular sources of supply for such non­ For each month the market admin­ (c) As Class I milk, if transferred or pool plant; istrator shall correct for mathematical diverted to a nonpool plant that is (iii) Class I utilization in excess of that and other obvious errors the reports sub­ neither an other order plant nor a pro­ assigned pursuant to subdivisions (i) and mitted by each handler and shall com­ ducer-handler plant, located more than (ii) of this subparagraph shall be as­ pute the total pounds of skim milk and 200 miles by the shortest highway dis­ signed first tô remaining receipts from butterfat, respectively, in each class for tance as determined by the market ad­ dairy farmers who the market admin­ such handler. ministrator, from the nearest of the City istrator determines constitute the regu­ Halls of Omaha, North Platte, or ScottS- lar source of supply for such nonpool §. 1065.46 Allocation of skim milk and bluff , Nebraska, and more than 50 miles plant and Class I utilization in excess of butterfat classified. from the pool plant from Which trans­ such receipts shall be assigned pro rata After making the computations pursu­ ferred or diverted, except that cream so to unassigned receipts at such nonpool ant to § 1065.45, the market administra­ transferred may be classified as Class plant from all pool and other order tor shall determine the classification of III if notice is given to the market ad­ plants; and producer milk for each handler as ministrator at least 24 hours prior to (iv) To the extent that Class I utiliza­ follows: shipment, each container is labeled by tion is not so assigned to it, the skim milk (a) Skim milk shall be allocated in the transferor as “ungraded cream for and butterfat so transferred shall be the following manner: manufacturing only”, and such ship­ classified as Class HI milk; (1) Subtract from the total pounds of ment is so invoiced; (e) Skim milk and butterfat trans­ skim milk in Class HI the pounds Of (d) As Class I milk, If transferred or ferred to the pool plant of another han­ skim milk classified as Class III pursuant diverted in bulk to a nonpool plant that dler by a cooperative association which to § 1065.41(c) (8); is neither an other order plant nor a is the handler of such milk pursuant to (2) Subtract from the remaining producer-handler plant, located not § 1065.8(d) shall be classified pro rata to pounds of skim milk in each class the more than 200 miles, by the shortest the respective amounts thereof remain­ pounds of skim milk in fluid milk prod­ highway distance as determined by the ing in each class for such month in the ucts received in packaged form from market administrator, from the nearest pool plant of the receiving handler after other order plants as follows: of the City Halls of Omaha, North the computation pursuant to § 1065.46(a) (i) From Class III milk, the lesser of Platte, or Scottsbluff, Nebraska, or (9) and thé corresponding step of the pounds remaining or two percent of within 50 miles of the pool plant from § 1065.46(b) ; and such receipts; and which transferred or diverted, unless (f) As follows, if transferred to an (ii) From Class I milk, the remainder the requirements of subparagraphs (1) other order plant in excess of receipts of such receipts; and (2) of this paragraph are met, in from such plant in the same category as (3) Subtract in the order specified which case the skim milk and butterfat described in subparagraph (1), (2) or below from the pounds of skim milk re­ so transferred or diverted shall be classi­ (3) of this paragraph; maining in each class, in series begin­ fied in accordance with the assignment (1) If transferred in packaged form, ning with Class IH the pounds of skim resulting from subparagraph (3) of this classification shall be in the classes to paragraph: milk in each of the following: which allocated as a fluid milk product (i) Othér source milk in a form Cl) The transferring or diverting under the other order; other than that of a fluid milk product; handler claims classification pursuant (2) If transferred in bulk form, classi­ to the assignment set forth in subpara­ (ii) Receipts of fluid milk products fication shall be in classes to which allo­ for which Grade A'certification is not graph (3) of this paragraph in his re­ cated as a fluid milk product under the port submitted to the market adminis­ established, or which are from uniden­ other order (including allocation under tified sources; and trator pursuant to § 1065.30 for the the conditions set forth in subparagraph month within which such transaction (iii) Receipts of fluid milk products (3) of this paragraph) ; from a producer-handler, as defined un­ occurred; (3) If the operators of both the trans­ (2) The operator of such nonpool der this or any other Federal order; _ feror and transferee plants so request in (4) Subtract, in the order specified plant maintains books and records the reports of receipts and utilization showing the-utilization of all skim milk below, in sequence beginning with Class filed with their respective market admin­ III from the pounds of skim milk remain­ and butterfat received at such plant istrators, transfers in bulk form shall be which are made available if requested classified as Class III to the extent of ing in Classes II and HI, but not in excess , by the market administrator for the the Class III utilization (or comparable of such quantity : purpose of verification; and utilization under such other order) avail­ (i) Receipts of fluid milk products (3) The skim milk and butterfat so able for such assignment pursuant to the' from an unregulated supply plant: transferred shall be classified on the allocation provisions of the transferee (a) For which the handler requests basis of the following assignment of order; Class II or Class EH utilization; or Wednesday, February 10, 1965 FEDERAL REGISTER 1869 (b) Which are in excess of the poundsinto one total for each class and de­ plants, such assignment to be made first of sin™ milk determined by multiplying termine the weighted average butterfat to transferor plants at which no location the pounds of skim milk remaining in content of producer milk in each class. adjustment credit is applicable and then in sequence beginning with the plant at Class I milk by 1.25 and subtracting the M in im u m P rices sum of the pounds of skim milk in pro­ which the least adjustment would apply. ducer milk, receipts from other pool han­ § 1065.50 Basic formula price. § 1065.54 Use of equivalent prices. dlers, and receipts in bulk from other The basic formula price shall be the If for any reason a price quotation re­ order plants; average price per hundredweight for quired by this part for computing class (ii) Receipts of fluid milk products in manufacturing grade milk, f.o.b. plants prices or for other purposes is not avail­ bulk from an other order plant in excess in Wisconsin and Minnesota, as reported able in the manner described, the market of similar transfers to such a plant, if by the Department for the month. Such administrator shall use a price deter­ Class n or Class III utilization was re­ price shall be adjusted to a 3.5 percent mined by the Secretary to be equivalent quested by the operator of such plantr butterfat basis by a butterfat differential to the price which is required. and the handler; rounded to the neartest one-tenth cent (5) Subtract from the pounds of skim computed at 0.12 times the Chicago but­ Application op P rovisions milk remaining in each class, in series ter price for the month. The basic § 1065.60 Producer-handler. beginning with Class III, the pounds of formula price shall be rounded to the nearest full cent. Sections 1065.40 through 1065.46, skim milk in inventory of fluid milk 1065.50 through 1065.53, 1065.70 through products on hand at the beginning of the § 1065.51 Class prices. 1065.73, and 1065.80 through 1065.87 month; shall not apply to a producer-handler. (6) Add to the remaining pounds of Subject to the provisions of §§ 1065.52 skim milk in Class III milk the pounds and 1065.53 the class prices per hundred­ § 1065.61 Plants subject to other Fed­ weight shall be as follows: eral orders. subtracted pursuant to subparagraph (1) (a) Class I milk. The basic Tormula of this paragraph; price for the preceding month plus $1.40 Except for §§ 1065.32 through 1065.34 (7) Subtract from the pounds of skim for pool plants located in -the Eastern the provisions of this part shall not ap­ milk remaining in each class, pro rata zone; plus $1.55 in the Central zone; and ply to a handler with respect to the oper­ to such quantities, the pounds of skim plus $1.80 in the Western zone. ation of plants described as follows: milk in receipts of fluid milk products (b) Class II milk. The basic formula (a) A plant qualified pursuant to from unregulated supply plants which price for the month plus 15 cents. § 1065.12(a) from which a lesser volume were not subtracted pursuant to subpara­ (c) Class III milk. The basic formula of fluid milk products is disposed of in graph (4) (i) of this paragraph; price for the month. the Nebraska-Western Iowa marketing (8) Subtract from the pounds of skim area than in the marketing area of an­ milk remaining in each class, in the fol­ § 1065.52 Butterfat differentials to han­ other marketing agreement or order lowing order, the pounds of skim milk dlers. issued pursuant to the Act and which in receipts of fluid milk products in bulk For milk containing more or less than is fully subject to the classification and from an other order plant (s), in excess 3.5 percent butterfat, the class prices pricing provisions of such other agree­ in each case of similar transfers to the pursuant to § 1065.51 shall be increased ment or order; and same plant, which were not-subtracted or decreased, respectively, for each one- (b) Any plant qualified pursuant to pursuant to subparagraph (4) (ii) of this tenth of one percent of butterfat by the § 1065.12(b) for any portion of the paragraph: appropriate rate, rounded in each case to period of January through July, inclu­ (i) In series beginning with Class HI, the nearest one-tenth cent, determined sive, that producer milk at such plant is the pounds determined by multiplying as follows: subject to the classification and pricing the pounds of such receipts by the larger (a) Class I milk. Multiply the butter provisions of another order issued pur­ of the percentage of estimated Class n price for the preceding month by 0.125; suant to the Act. and Class in utilization of skim milk an­ nounced for the month by the market and § 1065.62 Obligations of handler'oper­ (b) Class II and Class III milk. Multi­ ating a partially regulated distribut­ administrator pursuant to § 1065.22(1) ply the butter price for the current or the percentage that Class IE and Class ing plant. m utilization remaining is of the total month b^ 0.115. , Each handler who operates a partially remaining utilization of skim milk of the § 1065.53 LocatiQn adjustment to han­ regulated distributing plant shall pay to handler; and dlers. the market administrator for the pro­ (ii) Prom Class I, the remaining ducer-settlement fund on or before the pounds of such receipts; (a) For milk received from producers 25th day' after the end of the month (9) Subtract from the pounds of skim at a pool plant (or diverted to a nonpool either of the amounts (at the handler’s milk remaining in each class the pounds plant) located outside the marketing area election) calculated pursuant to para­ of skim milk received in fluid milk prod­ and disposed of as Class I milk or as­ graph (a) or (b) of this section. If the ucts from pool plants of other handlers signed Class I location adjustment handler fails to report pursuant to according to the classification assigned credit pursuant to paragraph (b) of this §§ 1065.30(b) and 1065.31 the informa­ Pursuant to § 1065.44(a); section, and for other source milk for tion necessary to compute the amount (10) Subtract pro rata from the which a location adjustment is applir, specified in paragraph (a) of this sec­ pounds of skim milk remaining in each cable, the Class I price shall be that effec­ tion, he shall pay the amount computed class the pounds of skim milk received tive pursuant to § 1065.51(a) at the pursuant to paragraph (b) of this sec­ in fluid milk products from a cooperative nearest of the cities specified below, sub­ tion: association in its capacity as a handier ject to a reduction of 12 cents if such /-(a) An amount computed as follows: Pursuant to § 1065.8(d);, and plant is more than 80 miles from the city (1) (i) The obligation that would have (11) if the pounds of skim milk re- hall in such city, plus an additional 1.5 been computed pursuant to § 1065.70 at mainmg in all classes exceed the pounds Cents for each 10 miles or fraction there­ such plant shall be determined as though 01 skim milk in producer milk, subtract of that such distance exceeds 90 miles: such plant were a pool plant. For pur­ h excess from the pounds of skim milk Chadron, Grand Island, Lincoln, Norfolk, poses of such computation, receipts at remaining in each class in series be- North Platte, Omaha and Scottsbluff, all such nonpool plant from a pool plant or girnung With Class III. Any amount so in the State of Nebraska. an other order plant shall be assigned (b) For purposes of calculating such to the utilization at which classified at racted shall be known as “overage”; adjustment transfers between pool Butterfat shall be allocated in the pool plant or other order plant and plants shall be assigned Class I dispo­ transfers from such nonpool plant to a ^ a n c e w^h the procedure outlined sition at the transferee plant, in excess pool plant or an other order plant shall milk in Paragraph (a) of this section; and of the sum of receipts at such plant from be classified as Class II milk or Class III producers and cooperative associations milk if allocated to such class at the pool fln(riC)KC^ml?ine the c o u n t s of skim milk pursuant to § 1065.8(d), and the volume plant or other order plant and be valued DaTnoJltt^rfat determined pursuant to assigned as Class I to receipts from other at the weighted average price of the re­ Paragraphs (a) and (b) of this section order plants and unregulated supply spective order if so allocated to Class I 1870 PROPOSED RULE MAKING milk. There shall be included in the ob­ § 1065.46(a) (11) and the corresponding (f) Divide the resulting amount by the ligation so computed a charge in the step of § 1065.46(b) by the applicable sum of the following for all handlers in­ amount specified in § 1065.70(e) and a class prices; cluded in these computations: credit in the amount specified in § 1065.- (c) Add the following: (1) The total hundredweight of pro­ 82(b)(2) with respect to receipts from (1) The amount obtained from multi­ ducer milk; an unregulated supply plant, unless an plying the difference between the Class (2) The total hundredweight for obligation with respect to such plant is III price for the preceding month and which a value is computed pursuant to computed as specified in subdivision (ii) the Class I price for the current month § 1065.70(e); of this subparagraph; by the hundredweight of skim milk and (g) Subtract not less than four cents (ii) If the operator of the partially butterfat subtracted from Class I pur­ nor more than five cents per hundred­ regulated distributing plant so requests, suant to § 1065.46(a) (5) and the corre­ weight. The result shall be the and provides with his reports pursuant sponding step of § 1065.46(b); and “weighted average price,” and, except to §§ 1065.30(b) and 1065.31 similar re­ (27 The amount obtained from multi­ for the months specified below, shall be ports with respect to the operations of plying the difference between the Class the “uniform price” for milk received any other nonpool plant which serves as III price for the preceding month and from producers; a supply plant for such partially regu­ the Class II price for the current month (h) For the months specified in para­ lated distributing plant by shipments to by the lesser of: graphs (i) and (j) of this section, sub­ such plant during the month equivalent (i) The pounds of skim milk and but­ tract from the amount resulting from to the requirements of § 1065.12(b), with terfat subtracted from Class II pursuant the computations pursuant to para­ agreement of the operator of such plant to § 1065.46(a) (5) and the corresponding graphs (a) through (e) of this section that the market administrator may ex­ step of § 1065.46(b) for the current an amount computed by multiplying the amine the books and records of such month; or hundredweight of milk specified in para­ plant for purposes of verification of such (ii) The pounds of skim milk and but­ graph (f) (2) of this section by the reports, there will be added the amount weighted average price; of the obligation computed at such non­ terfat reinaining in Class III milk after (i) Subtract during each of the pool supply plant in the same manner the calculations pursuant to § 1065.46 months of April, May and June, an and subject to the same conditions as (a) (8) and the corresponding step of amount equal to eight percent of the re­ § 1065.46(b) for the preceding month, mainder; fof the partially regulated distributing less the pounds used in computation pur­ plant; suant to subparagraph (1) of this para­ (j ) Add during each of the months of (2) Prom this obligation there will begraph; -September, October and November, one- deducted the sum of; third of the total amount subtracted (i) The gross payments made by such (d) Add an amount equal to the dif­ pursuant to paragraph (i) of this handler for Grade A milk received during ference between the value at the Class I section; the month from dairy farmers at such price applicable at the pool plant and the (k) Divide the resulting sum by the plant and like payments made by the value at the Class m price, with respect total hundredweight of producer milk operator of a supply plant(s) included in to skim milk and butterfat in other source included in these computations; and the computations pursuant to subpara­ milk subtracted from Class I pursuant (l) Subtract not less than four cents graph (1) of this paragraph; and to § 1065.46(a) (3) and the correspond­ nor more than five cents per hundred­ (ii) Any payments to the producer- ing step of § 1065.46(b); and weight. The result shall be the “uniform settlement fund of another order under (e) Add an amount equal to the value price” for milk received firom producers. which such plant is also a partially regu­ at the Class I price, adjusted for location lated distributing plant. of the nearest nonpool plant (s) from § 1065.72 Butterfat differential to pro­ (b) An amount computed as follows: which an equivalent volume was received, ducers. (1) Determine the respective amounts with respect to skim milk and butterfat The unform price for producer milk of skim milk and butterfat disposed of subtracted from Class I pursuant to shall be increased or decreased for each as Class I milk on routes (other than to § 1065.46(a) (7) and the corresponding one-tenth of one percent that the butter­ pool plants) in the marketing area; step of-§ 1065.46(b). fat content of such milk is above or below (2) Deduct the respective amounts of § 1065.71 Computation of uniform 3.5 percent, respectively, by a butterfat skim milk and butterfat received as Class prices. differential equal to the average of the I milk at the partially regulated dis­ For each month the market adminis­ butterfat differentials determined pur­ tributing plant from pool plants and trator shall compute the uniform price suant to paragraphs (a) and (b) of other order plants, except that deducted per hundredweight of milk received from § 1065.52, weighted by the pounds of under a similar provision of another or­ producers as follows: butterfat in producer milk in each class, der issued pursuant to the Act; (a) Combine into one total the values the result being rounded to the nearest (3) Combine the amounts of skim milk computed pursuant to § 1065.70 for all tenth of a cent. and butterfat remaining into one total handlers who filed the reports prescribed § 1065.73 Location differentials to pro­ and determine the weighted average but­ by § 1065.30 for the month and who made ducers and on nonpool milk. terfat content; and the payments pursuant to §§ 1065.80 and (4) From the value Of such milk at 1065.82 for the preceding month; (a) The uniform price computed pur­ the Class I price applicable at the loca­ (b) Subtract an amount equal to the suant to § 1065.71 shall be increase^ 15 tion of the nonpool plant, subtract its total value of the plus location differen­ cents per hundredweight for producer value at the weighted average price ap­ tials computed pursuant to § 1065.73 (a) milk received at a pool plant in the Cen­ plicable at such location (not to be less and (b); tral zone and shall be increased 40 cents than the Class i n price). .(c) Add an amount equal to the total per hundredweight at pool plants in the Western zone. D etermination op P rices to P roducers value of the minus location differentials computed pursuant to § 1065.73(b); (b) For producer milk received at a § 1065.70 Computation of the net pool (d) Subtract, if the average butterfat pool plant or diverted to a nonpool plant obligation of each pool handler. content of the milk specified in para­ located outside the marketing area tne The net pool obligation of each pool graph (f) of this section is more than uniform price shall be that effective at handler during each month shall be a 3.5 percent, or add, if such butterfat con­ the nearest of the cities listed below sum of money computed by the market tent is less than 3.5 percent, an amount subject to a reduction at the rates s administrator as follows: computed by multiplying the amount by forth in § 1065.53 if the plant is more (a) Multiply the quantity of producer which the average butterfat content of than 80 miles from the city hau In su milk in each class, as computed pursuant such milk varies from 3.5 percent by the city: Chadron, Lincoln, Grand lsianu> to § 1065.46(c), by the applicable class butterfat differential computed pursuant Northfork, North Platte, Omaha, anu prices (adjusted pursuant to §§ 1065.52 to § 1065.72 and multiplying the result Scottsbluff all in the State of NebrasKa. and 1065.53). by the total hundredweight of such milk; (c) For purposes of computations p - , , the market administrator so notifies the assets, books and records of the market canceled, and unused piece, handler, the said two-year period with administrator shall be transferred stamps, and postal cards, may b respect to such obligation shall not be­ promptly to such liquidating agent. If, changed for other postage-stamped pap« gin to run until the first day of the upon such liquidation, the funds on hand as follows: ,.,„t.4 no calendar month following the month exceed the amounts required to pay out­ (1) Stamped envelopes (mutilated no during which all such books and records standing obligations of the office of the more than is necessary to remove pertaining to such obligation are made market administrator and to pay neces­ tents), for postage valuejplus v available to the market administrator sary expenses of liquidation and distribu­ postage added as a result of or his representative; tion, such excess shall be distributed to Wednesday, February 10, 1965 FEDERAL REGISTER 1873

(2) Unmutdlated aerogrammes (air- The following controlled airspace is Woodring VOR 185° radial, extending letter sheets), for postage value less 1 presently designated in the Enid, Okla;, from the VOR to 12 miles S; and that cent for each aerogramme redeemed. area: airspace extending upward from 1,200 (3) unmutilated single postal cards, (1) The Enid, Okla., Control zone is feet above the surface beginning SE of for 85 percent of postage value plus full designated as that airspace within a 5- Enid at the intersection of the W edge value of postage added as a result of rate mile radius of Vance AFB, Enid, Okla. of V-77, and the N edge of V-140, thence increase or for additional service. (latitude 36°20'20" N., longitude 97°55’- W along the N edge of V-140, to. and NW (4) Double postal cards are acceptable 00" W.) ; within 2 miles either side of the along the NE edge of V-17, to and N only if neither half is detached from the Vance AFB TACAN 185° radial extend­ along longitude 9ft9 30’ W, to and W along other for 85 percent of postage value. ing from the 5-mile radius zone to 8 miles the S edge of V-190, to and NE along the (5) Sheet postal cards spoiled in the S of the TACAN, and within 2 miles SE edge of V-12, to and SE along the process of cutting to size, for 85 percent either side of the Vance APB VOR 134° SW edge of V-74, to and S along the of postage value plus full value of post­ radial, extending from the 5-mile radius W edge of V-77 to the point of beginning, age added as a result of rate increase or zone to the VOR, see Airman’s Guide for excluding the Oklahoma City and Ponca for additional service, if all cut sections hours of designation. City transition areas; and that airspace are submitted, (2) The Enid, Okla., control area ex­ extending upward from 5,000 feet MSL (6) Stamps affixed to commercial en­ tension is designated as that airspace bounded on the E by longitude 98° 30’, velopes and post cards, for 90 percent bounded on the N by V-190, on the E by on the S by the NE edge of V-17, on the of postage value. The envelopes and post V-77, on the S by V-140, on the SW by N by the SE edge of-V-12, and the S cards must be in a substantially whole V-17 and on the NW by V-12. edge of V-190, excluding the Gage tran­ condition and in lots of at least 50 of the The Federal Aviation Agency, having sition area. same denomination and value. completed a comprehensive review of the . (3) Revoke the Enid, Okla., control (7) Unused precanceled stamps in full terminal airspace structural require­ area extension in its entirety. coils or in full sheets redeemed from pre­ ments in the Enid, Okla., terminal area, The portions of Federal Airways which canceled permit holders, for 90 percent including studies attendant to the im­ traverse the recommended transition of postage value. Stamped envelopes or plementation of the provisions of area will automatically assume the floors aerogrammes (air-letter sheets) with a Amendments 60-21 (26 FJR. 570) and 60- of the transition area.. printed return address and postal cards 29 (27 F JR. 4012) of Part 60 of the Civil Communication capabilities, now ex­ with any printed matter of the purchaser, Air Regulations, proposes the following- ist to provide control zone services at may be exchanged only by the purchaser. airspace action;, the Enid, Okla., Woodring Airport. If there is no purchaser’s printing, they (1) Alter the Enid* Okla., .control Weather service for the entire recom­ may be exchanged by any responsible zone by redesignating it as that airspace mended Enid control zone will be pro­ person. When redemption cannot be within a 5-mile radius of Vance AFB vided by the U.S. Air Force at Vance made at time of presentation, the post­ (latitude 36°20'20" N., longitude 97°55'- AFB. The recommended control zone master will furnish a receipt on Form 00" W.) ; and within 2 miles W and 5 will provide the necessary controlled air­ 3210 for uncanceled unserviceable or miles E of the Vance AFB ILS localizer space for aircraft executing departures spoiled envelopes or postal cards or for S course, extending from the 5-mile ra­ and missed approach procedures at unused precanceled stamps left in his dius zone to the LOM; and within 2 miles Vance AFB and Woodring Airport. The custody. | .L each side of the Vance AFB TACAN 185° proposed control zone extensions will (d) Nonexchangeable. The following radial, extending from the 5-mile radius contain the phases of the instrument are nonexchangeahle: zone to 8 miles S of the TACAN; and approach procedures at Vance AFB and (1) Adhesive stamps, unless mistakes within 2 miles each side of the Vance Woodring Airport when descending be­ were made in purchasing or stamps were VOR 134° radial, extending from the low an altitude of 1,000 feet above the defective or stamps were affixed to com­ . 5-mile radius zone NW to the VOR; and surface. The transition area extending mercial envelopes and postcards. within 2 miles each side of the Vance upward from 700 feet above the surface (2) Stamps cut from postal cards, AFB TACAN 348° radial, extending from will contain all instrument procedures stamped envelopes, or aerogramms (air- the 5-mile radius zone to 7 miles N of the when operating at altitudes between letter sheets) . TACAN; and within 2 miles W and 3 1,000 feet and 1,500 feet above the sur­ (3) Parts and pieces of postal cards. miles E of the Vance AFB 17Rr-35L run­ face. The proposed transition area ex­ (4) Either half of double postal cards. way centerline, extending from the tending upward from 1,200 feet above the (5) Postal cards, stamped envelopes 5-mile radius zone to 6 miles N of Vance surface is required to contain the por­ and air-letter sheets received for reply AFB; and within a 5-mile radius of tions of instrument approach procedures purposes. Woodring Airport (latitude 36°22'45" N., when above 1,500 feet above the surface (6) Mutilated and defaced Stamps. longitude 97°47'30" W.>; and within 2 and provides controlled airspace for Note: The corresponding Postal Manual miles each side of the Woodring VOR random radar vectoring of arrivals and Sections are 141.53 and 141.54., 355° radial, extending from the 5-mile departures. The transition area ex­ (R.S. 161, as amended; 5 TJ.S.C. 22, 39 U.S.C. radius zone to 8 miles N of the VOR; and tending upward from 5,000 feet MSL 501,507,2502) , within 2 miles each side of the Wood­ will complement thè lower based transi­ Louis J. Doyle, ring VOR 185° radial, extending from the tion areas and provides controlled air­ General Counsel. 5-mile radius zone to 8 miles S of the space for random radar vectoring of VOR; and within 2 miles each side of the arrivals and departures, transitioning, IFH. Doc- 65-1413; Filed, Feb. 9, 1965; 8:47 am.] Woodring VOR 011° radial, extending and military standard instrument de­ from the 5-mile radius zone to 12 miles parture procedures. The Department N of the VOR. This control zone shall of the Air Force has requested that the be effective during the times established Federal Aviation Agency alter the effec­ FEDERAL AVIATION AGENCY by a Notice to Airmen and continuously tive hours of the Enid control zone to im­ published in the Airman’s Information plement training requirements a t Vance I 14 CFR Part 71 1 Manual. Air Force Base, Enid, Okla., and to cor­ [Airspace Docket No. ©4-CE-104] (2) Designate a transition area in the respond to the hours the Enid control Enid, Okla., terminal area to comprise tower is in operation. Operational re­ G? k.LR2 L ZONE' TRANSITION a r e a that airspace extending upward from 700 quirements will necessarily cause and c o n t r o l a r e a e x t e n s io n feet above the surface within 10 miles changes in the hours of designation. E and W of Vance AFB runway 17R-35L, Therefore, advance notice of such Proposed Alteration, Designation and extending to 15 miles N and S of Vance changes will be given to the public by a Revocation AFB (latitude 36°20'20" N., longitude Notice to Airmen and continuously pub­ Federal Aviation Agency 97°55'00" W.) ; and within 5 miles W and lished in the Airman’s Information de ^ pertain amendments to 8 miles E of the Woodring VOR 355° ra­ Manual. whiii® P,ederal Aviation Regi dial, extending from 2 miles SE of the Certain minor revisions to prescribed in t£ w S ? alterthecontrolled i VOR to 12 miles N of the VOR, and instrument procedures would be effected the Enid, Okla., terminal area, within 5 miles W and 8 miles E of the in conjunction with the actions proposed 1874 PROPOSED RULE MAKING herein, but operational complexities Agency, Federal Building, John F. Ken­ 60-21/60-29, proposes the airspace ac­ would not be increased nor would air­ nedy International Airport, Jamaica, tions hereinafter set forth, craft performance characteristics or N.Y., 11430. AH communications re­ 1. In § 71.171 (29 F.R. 17581), the fol­ present landing minimums be adversely ceived within 45 days after publication lowing control zones would be altered to affected. of this notice in the F ederal R egister read : Specific details of the changes to pro­ will be considered before action is taken a. New York, N.Y. (John F. Kennedy In­ cedures that would be required may be on the proposed amendment. The pro­ ternational Airport). Within a 5,5-mile examined by Contacting the Chief, Air­ posal contained in this notice may be radius of the John F. Kennedy International space Branch, Air Traffic Division, Cen­ changed in the light of comments re­ Airport (latitude 40°38'30" N-, longitude tral Region, Federal Aviation Agency, ceived. 73°47'10" W.) ; within a 5-mile radius of 4825 Troost Avenue, Kansas City, Mo., An official docket will be available for NAS New York, N.Y. (latitude 40°35'40" N., 64110. examination by interested persons at the longitude 73°53'30" W.); within 2 miles each Federal Aviation Agency, Office of the side of the John F. Kennedy International Interested persons may submit such Airport northeast localizer course, extending written data, views or arguments as they General Counsel, Attn: Rules Docket, from the 5.5-mile radius zone to the north­ may desire. Communications should he 800 Independence Avenue SW., Wash­ east outer marker; within 2 miles each side submitted in triplicate to the. Director, ington, D.C. An informal docket also of the Kennedy VORTAC 053* True radial, Central Region, Attn: Chief, Air Traffic will be available for examination at the extending from the 5.5-mile radius zone to Division, Federal Aviation Agency, 4825 office of the Regional Air Traffic Division 7 miles east of the VORTAC; within 2 miles Troost Avenue, Kansas City, Mo., 64110. Chief. each side of the Kennedy VORTAC 129° True All communications received within As parts of this proposal relate to the radial, extending from the 5.5-mile radius navigable airspace outside the United zone to 6 miles southeast of the VORTAC; 45 days after publication of this notice in within a 9-mile radius of the John F. Ken­ the F ederal R egister will be considered States, this notice is submitted in con­ nedy International Airport, extending clock­ before action is taken on the proposed sonance with the ICAO International wise from a line 2 miles east of and parallel amendment. No public hearing is con­ Standards and Recommended Practices. to the Kennedy VORTAC 141° True radial to templated at this tirne^ but arrange­ Applicability of International Stand­ a line 2 miles west of and parallel to the ments for informal conferences with ards and Recommended Practices by the Kennedy VORTAC 242® True radial; within Federal Aviation Agency officials may be Air Traffic Service, FAA, in areas outside 2 miles each side <5f the John F. Kennedy made by contacting the Regional Air domestic airspace of the United States, International Airport southwest localizer is governed by Article 12 and Annex 11 course, extending from the 5.5-mile radius Traffic Division Chief. Any data, views, zone to 8 miles southwest of the outer mark­ or arguments presented duringjsuch con­ to the Convention on International Civil er-radio beacon; and within 2 miles each ferences must also be submitted in writ­ Aviation (ICAO) , which pertains to the side of the 185° True bearing from the Fort ing in accordance with this notice in establishment of air navigation facilities TUden, N.Y. radio beacon, extending from order to become part of the record for and services necessary for promoting the the NAS New York 5-mile radius zone to 8 consideration. The proposal contained safe, orderly, and expeditious flow of miles south of the radio beacon. in this notice may be changed in the light civil air traffic. Its purpose is to insure b. Morristown, N.J. Within a 5-mile radius of comments received. that civil flying on international air of Morristown Airport (latitude 40°47'50" N., routes is carried out under uniform con­ longitude 74°25'05" W.), excluding that por­ The public docket will be available tion within a 1-mile radius of Hanover Air­ for examination by interested persons in ditions designed to improve the safety port, Hanover, N.J. (latitude 40°50'20" N., the office of the Regional Counsel, Fed­ and efficiency of air operations. longitude 74°20'45" W.; and within 2 miles eral Aviation Agency, 4825 Troost Ave­ The International Standards and Rec­ each side of the 227° True bearing from the nue, Kansas City, Mo., 64110. ommended Practices in Annex 11 apply Chatham, N.J. radio beacon, extending from This amendment is proposed under in those parts of the airspace under the the 5-mile radius zone to 7 miles southwest the authority of section 307(a) of the jurisdiction of a contracting state, de­ of the radio beacon. This proposed control Federal Aviation Act of 1958 (49 U.S.C. rived from ICAO, wherein air truffle serv­ zone would be effective from 0700 to 2300 1348). ices are provided and also whenever a hours, local time, daily. contracting state accepts the responsi­ c. Teterboro, NJ. Within a 5-mile radius Issued at Kansas City, Mo., on Febru­ bility of providing air traffic services over of Teterboro Airport (latitude 40°51'05'' N., ary I, 1965. high seas or in airspace of undetermined longitude 74'03'40" W.). H enry Newman, d. Newark, N.J. Within a 5-mlle radius of L. sovereignty. A contracting state accept­ Newark Airport (latitude 40'41'35" N., longi­ Acting Director, Central Region. ing such responsibility may apply the tude 74'10'15" W.); within 2.5 milès west (F.R. Doc. 65-1389; Filed, Feb. 9, 1965; International Standards and Recom­ and 2 miles east of the Newark localizer 8:45 a.m.] mended Practices to civil aircraft in a southwest course, extending from the 5-mile manner consistent? with that adopted for radius zone to 1.5 miles southwest of the airspace under its domestic jurisdiction. outer marker; within 2 miles each side of [ 14 CFR Part 71 1 the Newark localizer northeast course, ex­ In accordance with Article 3 of the tending from the 5-mile radius zone to the [ Airspace Docket No. 63-EA-54 ] Convention on International Civil Avia­ Teterboro Airport (latitude 40°51'05" N., tion, Chicago, 1944, state aircraft are longitude 74°03'40" W.) 5-miles radius zone; CONTROL ZONES AND TRANSITION exempt from the provisions of Annex 11 and within 2 miles each side of the 254° AREAS and its Standards and Recommended True bearing from the lift-off end of Runway Practices. As a contracting state, the 29, extending from the 5-rhile radius zone Proposed Alteration and Designation United States agreed by Article 3(d) that to 5 miles southwest of the runway. The Federal Aviation Agency is con­ its state aircraft will be operated in e. New York, N.Y. (LaGuardia Airport).; Within a 5-mile radius of LaGuardia Airport sidering amendments to Part 71 of the international airspace with due regard (latitude 40°46'30" N., longitude 73°52'20 Federal Aviation Regulations which for the safety of civil aircraft. W.) ; and within 2 miles each side of the La- would alter the control zones at John F. Since this action involves, in part, the Guardia VOR 034° True radial, extending Kennedy International Airport, New designation of navigable airspace outside from the 5-mile radius zone to 5.5 miles York, N.Y., Newark Airport, Newark, the United States, the Administrator has northeast of the VOR excluding the portion N.J., LaGuardia Airport, New York, N.Y., consulted withrthe Secretory of State and within the John F. Kennedy International Morristown Airport, Morristown, N.J., the Secretory of Defense in accordance Airport control zone. Teterboro Airport, Teterboro, N.J., and with the provisions of Executive Order 2. In § 71.181 (29 F.R. 17643), the New designate a transition area in the New 10854. York, N.Y. transition area would be des­ York, N.Y. terminal area. The Federal Aviation Agency, having ignated as follows: Interested persons may participate in completed a comprehensive review of the That airspace extending upward from 700 the proposed rule making by submitting terminal airspace structure requirements feet above the surface beginning at latitu such written data, views, or arguments as in the New York Metropolitan Terminal 41°07'30" N., longitude 73°57'00" W.; w they may desire. Communications Complex (John F. Kennedy Interna­ latitude 41°01'00" N., longitude 74 00 oo should identify the airspace docket num­ tional, LaGuardia, Newark, Teterboro, W.; to altitude 40°5Ô'00" N., longitude 73- ber and be submitted in triplicate to the and Morristown Airports), including 42'00" W.; to latitude 40'41'00" N.> long ' Director, Eastern Region, Attn: Chief, studies attendant to the implementation tude 73°33'30" W.; to latitude 40°18'88 Air Traffic Division, Federal Aviation of the provisions of CAR Amendments longitude 73°39'30" W.; to latitude 40 l Wednesday, February 10, 1965 FEDERAL REGISTER 1875

20” N., longitude 73°52'45" W.; to latitude [ 14 CFR Part 71 1 Aviation Agency, 5651 West Manchester 40°24'20” N., longitude 74°45'40" W.; to lat­ Avenue, Los Angeles, Calif., 90045. itude 40*31'15" N.t longitude 74°42'30" W.; [Airspace Docket No. 65-WE-13] This amendment is proposed Under the to latitude 40°38'00" N., longitude 74°49'30'' CONTROL ZONE authority of Sec. 307(a) of the Federal W to latitude 40°57'00" N., longitude 74°- Aviation Act of 1958, as amended (72 28'30” W.; to latitude 41°11'00'' N.( longitude Proposed Alteration 74°09'00" W.; to the point of beginning; that Stat. 749; 49 U.S.C. 1348). airspace extending upward from 1,200 feet The Federal Aviation Agency is con­ Issued in Los Angeles, Calif., on Feb­ above the surface beginning at latitude 41°- sidering amendments to Part 71 of the ruary 2,1965. 19'00" N., longitude 74°00'00" W.; to lati­ Federal Aviation Regulations which tude 41°12'00'' N., longitude 74°00'00'' W.; to would alter the NAAS Ream Field, Calif., William R. K rieger, latitude 41°li'00'' N., longitude 74°09'00" control zone. Acting Director, Western Region. W.; to latitude 40°57'00" N., longitude 74°28'- The NAAS Ream Field, Calif., control [F.R. Doc. 65-1391; Filed, Feb. 9, 1965; 30" W.; to latitude 40°49'00'' N., longitude 8:46 a.m.] 74°37'00” W.; to latitude 41°19'00'' N., longi­ zone is presently designated within a tude 74°33'00'' W.; to the point of beginning; 3-mile radius of NAAS Ream Field (lati­ and that airspace extending upward from tude 32°34'00" N., longitude 117°06'50" 1,200 feet above the surface beginning at lati­ W .), and that airspace W of Ream Field [ 14 CFR Par» 71 1 tude 40°30'00" N., longitude 73°36'0O'' W.; within the arc of a 6-mile radius circle [Airspace Docket No. 65—WE-14] thence via latitude 40°30'00" N., to the west­ centered on Ream TACAN, extending ern edge of V-139; thence along the western counterclockwise from a line 2 miles N CONTROL ZONE, TRANSITION AREA edge of V-139 to a line extending through AND FEDERAL AIRWAYS latitude 40°13'20'' N., longitude 73°21'30" of and parallel to the Ream TACAN 288° W; to latitude 40°17'20" N., longitude 73°- radial to the United States/Mexican Proposed Designation and Alteration 52'45” W.; to latitude 40°18'30" N., longitude Flight Information Region boundary, 73°39'30" W.; to the point of beginning. excluding the portion under the juris­ The Federal Aviation Agency is con­ The airspace within W-106 below 3,000 feet diction of Mexico. sidering amendments to Part 71 of the MSL and that airspace within Control Area The Federal Aviation Agency proposes Federal Aviation Regulations?1 which 1147 would be excluded. to fedesignate the NAAS Ream Field, would designate a control zone and alter The control zones and extensions pro­ Calif., control zone within a 3-mile ra­ the transition area at Cortez, Colo., pur­ posed herein are necessary to protect dius of NAAS Ream Field (latitude 32°-, suant to the commissioning of a VOR at instrument approach and departure pro­ 34'00" N., longitude 117°06'50". W.); latitude 37°23'23" N., longitude 108°33'- cedures for the particular airports con­ that airspace W of Ream Field within 40" W., in July 1965, and would also re­ cerned. the arc of a 6-mile radius circle centered align V-211 and V-187 via the new The New York transition area is re­ on Ream TACAN, extending counter­ facility. quired to protect procedure turn areas, clockwise from a' line 2 miles N of and The following controlled airspace is transition routes, radar vectoring pat­ parallel to the Ream TACAN 288° radial presently designated in the Cortez, Colo., tern areas, holding patterns, missed ap­ to the United States/Mexican Flight In­ area: proach procedures, departure proce­ formation Region boundary, excluding 1. The Cortez, Colo., transition area dures, and to conserve critical cardinal the portion under the jurisdiction of is designated as that airspace extending altitudes and critical airway altitudes Mexico; and that airspace E of Ream upward front 1,200 feet above the sur­ for tower enroute service.^ Field within the arc of a 6.5-mile r5dius face within TO miles SW and 7 miles NE The proposed transition area is con­ circle centered on Ream TACAN, ex­ of the 306° and 126° bearings from the tained in part within the present New tending clockwise from a line 2 miles Montezuma County Airport, Cortez, Colo, York, N.Y. control area extension. The N of and parallel to the Ream TACAN (latitude 37018T5" N., longitude 108°37'- control area extension would be retained 065° radial to the United States/Mexican 35" W.) extending from 20 miles NW to until adjacent areas are modified in ac­ border. 9 miles SE of the airport excluding the cordance with the CAR 60-21/60-29 air­ The action proposed herein would pro­ airspace within Federal airways. space review program. vide protection to helicopters executing 2. V-187 is designated, in part, from Certain minor revisions to prescribed prescribed instrument procedures at Farmington, N. Mex., to Dove Creek,, instrument procedures would be effected Ream Field. Colo. in conjunction with the actions proposed Interested persons may submit such 3. V-211 is designated, in part, from written data, views, or arguments as they Durango, Colo., to INT of Durango 284° herein, but operational complexities may desire. Communications should and Dove Creek, Colo., 117° radials, ex­ would not be increased nor would air­ be submitted in triplicate to the Director, cluding the airspace below 1,200 feet craft performance characteristics or Western Region, Attn: Chief, Air Traffic above the surface. present landing minima be affected ad­ Division, Federal Aviation Agency, 5651 The FAA, having completed a com­ versely. West Manchester Avenue, Post Office Box prehensive review of the terminal air­ Specific details of the changes to pro­ 90007, Airport Station, Los Angeles, space structure requirements in the Cor­ cedures and minimum instrument flight Calif., 90009. All communications re­ tez, Colo., terminal area, including rules altitudes that would be required ceived within 45 days after publication of studies attendant to the implementation ma,y he _ examined by contacting the this notice in the F ederal R egister will of the provisions of CAR Amendments Chief, Airspace Utilization Branch, Air be considered before action is taken on 60-21/60-29 and the need for pertinent Traffic Division, Eastern Region, Fed­ the proposed amendment. No public VOR airways to and from Cortez, pro­ hearing is contemplated at this time, but poses the following airspace actions: eral Aviation Agency, John F. Kennedy 1. Designate the Cortez control zone International Airport, Federal Building, arrangements for informal conferences with Federal Aviation Agency officials as that airspace within a 5-mile radius Jamaica, N.Y., 11430. may be made by contacting the Regional of Montezuma County Airport, Cortez, ^hese amendments are proposed Air Traffic Division Chief. Any data, Colo, (latitude 37°18'15" N., longitude under the authority of section 307(a) of views, or arguments presented during 108°37'35" W .). This control zone shall the Federal Aviation Act of 1958 (49 such conferences must also be submitted be effective during the times established U.S.C.1348). in advance by a Notice to Airmen and in writing in accordance with this notice continuously published in the Airman’s Issued in Washington, D.C., on Feb­ in order to become part of the record for Information Manual. ruary 3,1965. consideration. The proposal contained 2. Alter the Cortez transition area by . H. B. Helstrom, in this notice may be changed in the light redesignating it as that airspace extend­ Acting Chief, Airspace Regulations lot comments received. ing upward from 700 feet above the sur­ and Procedures Division, A public docket will be available for face within a 7-mile radius of Monte­ [F.R. Doc. 65-1390; Filed, Feb. 9, 1965; examination by interested persons in the zuma County Airport, Cortez, Colo, (lati­ 8:46 a.m.] office of the Regional Counsel, Federal tude 37°18T5" N„ longitude 108°37'35" 1876 PROPOSED RULE MAKING W.F; and within 2 miles each side of the office of the Regional Counsel, Federal Federal Aviation Regulations that would Cortez VOR 003° and 183° True radials, Aviation Agency, 5651 West Manchester designate a VOR Federal airway from extending from the .7-mile radius area to Avenue, Los Angeles, Calif., 90045. London, Ky, via Holston Mountain, 6 miles N of. the VOR; that airspace ex­ This amendment is proposed under the Term, the intersection of the Holston tending upward from 1.2O0 feet above the authority of section 307(a) of the Fed­ Mountain 194°. and Greensboro, N.C, surface within 6 miles E and 8 miles W eral Aviation Act of 1958, as amended 280° True radials, to Greensboro, and of the Cortez VOR 003° and i83° True (72 Stat. 749; 49 U.S.C. 1348). that would realign VOR Federal airway radials, extending from 3 miles S to 14 Issued in Los Angeles, Calif, on No. 259 east alternate from Holston miles N of the VOR. February 2, 1965. Mountain to Hickory, N.C, via the Hols­ 3. Redesignate V-211,. in part, from ton Mountain 104° True radial. Cortez, Colo., VOR to Durango, Colo., W illiam R. K rieger, Interested persons may participate in VOR via the Cortez 1159 T and Durango Acting Director, Western Region. the proposed rulemaking by submitting 286° T radials, excluding the airspace be­ [F.R. Doc. 65-1392; Piled, Feb. 9, 1965; such written data, views, or arguments low 1,200 feet above the surface, 8r46 am .] as they may desire. Communications 4. Redesignate V-187, in part, from should identify the airspace docket num­ Farmington, N. Mex., VORTAC direct ber and be submitted in triplicate to the Cortez, Colo, VOR direct Dove Creek, [ 14 CFR Part 71 1 Federal Aviation Agency, Office of the Colo.,' VORTAC, excluding the. airspace [Airspace Docket No. 64-WA-96] General Counsel, Attention: Rules Dock­ below 1,200 feet above the surface. et, 800 Independence Avenue SW, Wash­ The control zone would provide pro­ FEDERAL AIRWAY ington^ D.C, 20553. All communica­ tection for aircraft executing prescribed Proposed Designation tions received within 45 days after pub­ instrument approach and departure pro­ lication of this notice in the F ederal cedures at the Montezuma County Car­ The Federal Aviation Agency is con­ R egister will be considered before action port during, the hours that weather re­ sidering an amendment to Part 71 of the is taken on the proposed amendment. porting service is available. Such service Federal Aviation Regulations that would The proposals contained in the notice will be provided by duly certified person­ designate a VOR Federal airway from may be changed in the light of comments nel of Frontier Airlines. Myrtle Beach, S.C, via the intersection received. All comments submitted will Communications service will be fur­ of the Myrtle Beach 033° and Fayette­ be available in the rules docket for ex­ nished by the FAA’s Farmington, N. Mex, ville, N.C., 164° True radials (Dock Inter­ amination by interested persons, both Flight Service Station through remote section) to Fayetteville. before and after the closing date for facilities located at the Cortez VOR. Interested persons may participate in comments. The 700-foot portion of, the transition the proposed rulemaking by submitting Designation of the proposed airway area would provide protection for air­ such written data, views, or arguments would provide a connecting airway be­ craft executing prescribed instrument as they may desire. Communications tween London and Greensboro. Re­ approach and departure procedures con­ should identify the airspace docket num­ alignment of V-259 east alternate via ducted beyond the limits of the control ber and be submitted in triplicate to the the Holston Mountain 104* True radial, zone and during the time the control zone Federal Aviation Agency, Office of the in liewof the 103° True radial, would per­ is not effective. General Counsel, Attention: Rules Dock­ mit this airway segment to coincide, in The 1,200-foot portion of the transition et, 800 Independence Avenue SW, Wash­ part, with the segment of the proposed area would provide protection for air­ ington, D.C, 20533. All communications airway between Holston Mountain and craft executing prescribed instrument received within 45 days after publication Greensboro. approach, departure, and holding pro­ of this notice in the F ederal Register will These amendments are proposed under cedures at altitudes above 1,500 feet be considered before action is taken on section 307(a) of the Federal Aviation above the surface in the Cortez terminal the proposed amendment. The proposal. Act of 1958 (49 U.S.C. 1348). area. contained in the notice may be changed Issued in Washington, D.C, on Febru­ The proposed realignment of V-211 in the light of comments received. All comments submitted will be available in ary 3,1965. and V-187 "would provide airway con­ H. B. Helstrom, tinuity to and from the Cortez terminal the rules docket for examination by in­ Acting Chief, Airspace Regulations area. The segment of V-187 from Farm­ terested persons, both before and after and Procedures Division. ington, N. Mex., to Cortez, Colo., and the the closing date for comments. segment of V—211 from Durango, Colo, The airway, as proposed, would provide [F.R. Doc. 65-1394; Filed, Feb. 9, 1965; to Cortez would connect permanently a connecting airway between Myrtle 8:48 a.m.] certified air carrier stops. Beach and Fayetteville which are cer­ Interested persons may submit such tified permanent air-carrier stops. The [1 4 CFR Parts 71, 75 1 written data, views, or arguments as they extension of this airway from Dock In­ may desire. Communications should be tersection to Myrtle Beach would pro­ [Airspace Docket No. 63-EA-115] submitted in triplicate to the Director, vide a single numbered airway for simpli­ JET ROUTE AND FEDERAL AIRWAY Western Region, Attn: Chief, Air Traffic fication of flight planning and air traffic Division, Federal Aviation Agency, 5651 control. Proposed Alteration This amendment is proposed under West Manchester Avenue, Post Office Box in consonance with ICAO Interna­ 90007, Airport Station, Los Angeles, section 307(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1348). tional Standards and Recommended Calif., 90009. All communications re­ Practices, notice is hereby given that tne ceived within 45 days after publication of Issued in Washington, D.C, on Febru­ Federal Aviation Agency (FAA) is con­ this notice in the F ederal R egister will ary 3,1965. sidering amendments to Part 71 ana^ar be considered before action is taken on H. B. H elstrom, 75 of the Federal Aviation Regulations. the proposed amendment. No public Acting Chief, Airspace Regulations This proposal relates to navigable air­ hearing is contemplated at this time, but and Procedures Division. space both within and outside the unite arrangements for informal conferences [F.R. Doc. 65-1393; Filed, Feb. 9, 1965; States. , h with Federal Aviation Agency officials 8:46 a.m.] Interested persons may submit su may be made by contacting the Regional written data, views, or arguments asty Air Traffic Division Chief. Any data, may desire. Communications sno ^ views, or arguments presented during [ 14 CFR Part 71 ] identify the airspace docket number a such conferences must also be submitted [Airspace Docket No. 64-WA-99] be submitted hi triplicate to the Dire » in writing in accordance with this notice Eastern Region, Attention: Chiei, in order to become part of the record for FEDERAL AIRWAYS Traffic Division, Federal Avi _ consideration. The proposal contained Proposed Designation and Agency, Federal Building, John F. in this notice may be changed in the light nedy International Airport, Jam ? of comments received. Realignment N.Y, 11430. All communications r A public docket Will be available for The Federal Aviation Agency is con­ ceived within 45 days after publics examination by interested persons in the sidering amendments to Part 71 of the this notice in the F ederal Register Wednesday, February 10, 1965 FEDERAL REGISTER 1877 be considered before action is taken on this jet route, it is proposed to list the 112°17'00" W., on the NW by V-21 and on the proposed amendment. The proposal jet route under § 71.161 and to alter the the NE by latitude 43°17'00" N. contained in this notice may be changed description of VOR Federal airway No. Interested persons may submit such in the light of comments received. 139 by deleting the sentence which reads: written data, views, or arguments as they An official docket will be available for “The portion outside the United States may desire. Communications should be examination by interested persons at the has no upper limit.” submitted in triplicate to the Director, Federal Aviation Agency, Office of the This amendment is proposed under Western Region, Attn: Chief, Air Traffic General Counsel, Attention: Rules section 307(a) of the Federal Aviation Division, Federal Aviation Agency, 5651 Docket, 800 Independence Avenue SW., Act of 1958 (49 U.S.C. 1348). West Manchester Avenue, Post Office Washington, D.C. An informal docket Issued in Washington, D.C., on Feb­ Box 90007, Airport Station, Los Angeles, also will be available for examination at ruary 3, 1965. Calif., 90009. All communications re­ the office of the Regional Air Traffic Di­ H. B. H elstrom, ceived within 30 days after publication vision Chief. Acting Chief, Airspace Regulations of this notice in the F ederal R egister Applicability of International Stand­ and Procedures Division. will be considered before action is taken ards and Recommended Practices, by on the proposed amendment. No public the Air Traffic Service, FAA, in areas [F.R. Doc. 65-1395; Filed, Feb. 9, 1965; hearing is contemplated at this time, but outside domestic airspace of the United 8:46 ajm.] arrangements for informal conferences States is governed by Article 12 and with Federal Aviation Agency officials Annex 11 to the Convention on Interna­ [ 14 CFR Part 71 1 may be made by contacting the Regional tional Civil Aviation (ICAO), which per­ Air Traffic Division Chief. Any data, tains to the establishment of air naviga­ [Airspace Docket No. 65-WE-6] views, or arguments presented during tion facilities and services necessary to TRANSITION AREA such conferences must also be submitted promoting safe, orderly and expeditious in writing in accordance with this notice flow of civil air traffic. Its purpose is to Proposed Alteration in order to become part of the record for Insure that civil flying on .international The Federal Aviation Agency is con­ consideration. The proposal contained air routes is carried out under uniform in this notice may be changed in the light conditions designed to improve the safety sidering an amendment to Part 71 of the Federal Aviation Regulations which of comments received. and efficiency of air operations. A public docket will be available for The International Standards and Rec­ would alter the Pocatello, Idaho, transi­ tion area. examination by interested persons in the ommended Practices in Annex 11 apply office of the Regional Counsel, Federal in those parts of the airspace under the The Pocatello transition area, as pres­ ently described, does not provide ade­ Aviation Agency, 5651 West Manchester jurisdiction of a contracting state, de­ Avenue, Los Angeles, Calif., 90045. rived from ICAO, wherein air traffic serv­ quate controlled airspace for the protec­ tion of aircraft executing the authorized This amendment is proposed under the ices are provided and also whenever a authority of Sec. 307(a) of the Federal contracting state accepts the responsi­ transition route via the Idaho Falls, Idaho, VOR 206° radial to intercept the Aviation Act of 1958, as amended (72 bility of providing air traffic services over Stat. 749; 49 U.S.C. 1348). high seas or in airspace of undetermined Pocatello ILS localizer NE course. sovereignty. A contracting state accept­ To provide protection for this transi­ Issued in Los Angeles, Calif., on Febru­ ing such responsibility may apply the tion route, the FAA proposes to add the ary 2,1965. International Standards and Recoln- following controlled airspace to the W illiam R. K rieger, mended Practices to civil aircraft in a existing Pocatello transition area: Acting Director, Western Region. manner consistent with that adopted for That airspace NE of Pocatello extending [F.R. Doc. 65-1396; Filed, Feb. 9, 1965; airspace under its domestic jurisdiction. upward fh>m 1,200 feet above the surface 8:46 a.m.] ' In accordance with Article 3 of the bounded on the SE by a line 5 miles SE of Convention on International Civil Avia­ and parallel to the Idaho Falls, Idaho, VOR 206° radial, on the SW by a line extending tion, Chicago, 1944, state aircraft are ex­ [ 14 CFR Part 73 1 empt from the provisions of Annex 11 from latitude 43°06'30" N., longitude 112°- 13'30" W., to latitude 43°09'00'' N., longitude [Airspace Docket No. 64-SO-53] and its Standards and Recommended 112°17'00'' W., on the NW by V-21 and on Practices. As a contracting state, the the NE by latitude 43°17'00'' N. TEMPORARY RESTRICTED AREA United States agreed by Article 3(d) that its state aircraft will be operated in If the action proposed herein is taken, Withdrawal of Proposal for international airspace with due regard the Pocatello transition area will be. des­ Designation ja* 6 safety civil aircraft. ignated as follows: Since this action involves, in part, the That airspace extending upward from 700 In a notice of proposed rulemaking aesignation of navigable airspace outside feet above the surface within 5 miles SE published in the F ederal R egister on States, the Administrator has and 4 miles NW of the Pocatello ILS localizer October 8, 1964 (29 F.R. 13906) it was onsulted with the Secretary of State and NE course, extending from the arc of a 5-mile stated that the United States Air Force radius circle centered on the Pocatello Mu­ had submitted a proposal to amend TOitv,Sfuretary of Defense in accordance nicipal Airport (latitude 42°54'35" N., longi­ § 73.62 of the Federal Aviation Regula­ 10854thC provisions of Executive Order tude 112°35'25" W.) to 8 miles NE of the OM; within the area bounded on the W by tions by establishing a restricted area nfT?e-ïAA is Proposing the designate a line 2 miles W of and parallel to the Poca­ southwest of Nashville, Term. The area r?ute from the Norfolk, Vi tello VOR 015° radial, on the SE by a line 4 was to be used to encompass air maneu­ fn itv o S the intersection of the Noi miles NW of and parallel to the Pocatello ILS vers in support of a joint U.S. Air Force- localizer NE course, on the NE by the arc of U.S. Army exercise referred to as GOLD toU a^ o023' and the Sea Isle, N.J a 13-mile radius circle centered on the Poca­ FIRE II. A supplemental notice was VORTAr. True radials; Sea Is tello VOR, and on the S by the arc of a 5-mile VORta r ’ ftï?oersection of the Sea Is radius circle centered on the Pocatello Mu­ published on December 8, 1964 (29 F.R. VORtap SSI and the Hampton, N.Ti nicipal Airport; that airspace extending up­ 16836) which reopened the comment VORTAr- p23 -I™6 radials> Hamptc ward from 1,200 feet above the surface period from December 8, 1964 to Decem­ intiicH’ Providence, R.I., VOR; to tl within 9 miles E and 6 miles W of the Poca­ ber 18,1964. and th ^ n 1 °/ the Providence VOR 04! tello VOR 167° radial, extending from the Subsequent to the publication of these T n i p ï B, St°n’ Mass., VORTAC 061 VOR to 18 miles S of the VOR; within 9 miles notices, the Department of Defense noti­ N and 8 miles S of the Pocatello VOR 252° am eIn ? o f' uThis route would Provic radial, extending from the VOR to 18 miles fied the Federal Aviation Agency that C itT S ri l i y“passinS the New Yoi military exercise GOLD FIRE II had y metropolitan area. SW of the VOR; within 6 miles SE and 10 miles NW of the Pocatello VOR 045° radial, been cancelled and, therefore, the pro­ Pronow^n- f Ga Isle and Hampton tl extending from the VOR to 27 miles NE posed restricted area would not be Federal route would overlie VO: of the VOR, and that airspace NE of Pocatello required. bounded on the SE by a line 5 miles SE of p £ S y No* 139 which at tl and parallel to the Idaho Falls, Idaho, VOR In consideration of the foregoing, the Ifeifp?Qf1+S no upper limit ontsic 206° radial, on the SW by a line extending notice is hereby given that the proposal the assorfn5 ? teS' , In order to Mentii from latitude 43'06'30” N., longitude 112°- contained in Airspace Docket No. 64-SO- ated controlled airspace wit 13'30" W., to latitude 43°09'00" N., longitude 53 is withdrawn. 1878 PROPOSED RULE MAKING This notice of withdrawal is made terested parties require additional time leges that oral consent to the requested under the authority of section 307(a) of for the preparation of meaningful reply extension has beep, obtained from coun­ the Federal Aviation Act of 1958 (49 comments in Docket No. 15722 and that sel for American Telephone and Tele­ U.S.C. 1348). said comments will be useful to the Com­ graph Co., Hawaiian Telephone Co., and mission in resolving the issues in this Western Union Telegraph Co. Issued in Washington, D.C., on Febru­ proceeding. 3. It-appearing, that good cause has ary 4,1965. 4. In view of the foregoing; It is or­been shown th at Com Sat and other in­ Daniel E. Barrow, dered, This 4th day of February 1965, terested parties require additional time Chief, Airspace Regulations pursuant to §§ 0.251(b), 0.303(c) and for the preparation of meaningful reply and Procedures Division. 0.331(b)(4) of the Commission’s rules, comments in Docket No. 15723 and that [F.R. Doc. 65-1397; Filed, Feb. 9, 1965; that the time for filing reply comments said comments will be useful to the Com­ 8:46 a.m.] in Docket No. 15722 is extended from mission in resolving the issues in this February 4, 1965, to February 15, 1965. proceeding. 4. In view of the foregoing: It is or­ Released: February 4, 1965. dered, This 4th day of February 1965, FEDERAL COMMUNICATIONS F ederal Communications pursuant to §§ 0.251(b), 0.303(c) and Commission, 0.331(b)(4) of the Commission’s rules, COMMISSION [seal] Ben F. Waple, that the time for filing reply comments Secretary. in the above-captioned proceeding is ex­ [ 47 CFR Part 2 1 [F.R., Doc. 65-1415; Filed, Feb. 9, 1965; tended from February 4, 1965 to Feb­ [Docket No. 15722] 8:47 a.m.] ruary 15, 1965. FREQUENCY ALLOCATIONS AND Released: February 4, 1965. RADIO TREATY MATTERS I 47 CFR Parts 21 r 25 ] F ederal Communications Commission, Order Extending Time for Filing [Docket No. 15723] [seal] Ben F. Waple, Reply Comments SHARED USE OF CERTAIN FRE­ Secretary. In the matter of amendment of Part 2 QUENCY BANDS BY FIXED, MOBILE [F.R. Doc. 65-1416; Filed, Feb. 9, 1965; of the Commission’s rules to conform, to AND COMMUNICATION-SATELLITE 8:47 a.m.] the extent practicable, with the "Geneva (1959) Radio Regulations, as revised by SERVICES the Space EARC, Geneva, 1963. Order Extending Time for Filing 1. The Commission has before it a re­ Reply Comments INTERSTATE COMMERCE quest, filed February 3, 1965, by the Communications Satellite Corp. (Com In the matter of amendment of Parts COMMISSION S&t) to extend the time for filing reply 21 and 25 of the Commission's rules to comments in the' above-captioned notice provide for the shared use of the fre­ [ 49 CFR Part 170 1 of proposed rulemaking (FCC 64-1109, quency bands 3700-4200,5925-6425,7250- [Ex Parte No. MC-37 (Sub-No. 9).; 62 M.C.C. released Dec. 4, 1964) to and including 7750 and 7900-8400 Mc/s by the fixed, ^ 510] February 15, 1965. Reply comments are mobile, a n d communication-satellite now due to be filed on February 4, 1965. services. BALTIMORE, MD., COMMERCIAL 2. In support of the requested exten­ 1. The Commission has before it a re­ ZONE sion, Com Sat alleges that despite the quest, filed February 3, 1965, by the Proposed Redefinition; Extension of Commission’s recent 10 day extension of Communications Satellite Corp. (Com time to file reply comments, the time Sat) to extend the time for filing reply Time for Filing Comments presently available for the preparation comments in the above-captioned notice J anuary 28,1965. of a fully considered and detailed reply of proposed rule making (FCC 64-1110, At the request of interested persons, to the comments filed by other parties released December 4, 1964) to and in­ cluding February 15, 1965. Reply com­ the time for filing written statements of is insufficient because of the temporary ments are now due to be filed on data, views, and argument in favor of unavailability of personnel directly con­ February 4, 1965. or against the petition in the above- cerned with this matter and because of 2. In support of the requested exten­ entitled matter is further extended to the complexity and importance of the sion, Com Sat alleges that despite the February 11, 1965. The presently as­ issues raised. In addition, Com Sat al­ Commission’s recent ten day extension signed date is February 4, 1965 (30 F.R. leges that oral consent to the requested of time to file reply comments, the time 16). An original and 5 copies of such extension has been obtained from coun­ presently available for the preparation statements should be filed with the Com­ sel for American Telephone and Tele­ of a fully considered and detailed reply mission at its office at Washington, D.C. graph Co., Aeronautical Radio, Inc., the to the comments filed by other parties By the Commission. Air Transport Association of America, is insufficient because of the temporary [seal] Bertha F. Armes, Hawaiian Telephone Co., and the Na­ unavailability of personnel directly con­ Acting Secretary. tional Academy of Sciences. cerned with this matter and because of 3. It appearing, that good cause has the complexity and importance of the [F.R. Doc. 65-1431; Filed, Feb. 9. 1965: been shown that Com Sat and other in­ issues raised. In addition, Com Sat al­ 8:47 a.m.] Notices

[Bureau Order No. 698, Arndt. 6] The applicant desires the land for use DEPARTMENT OF THE INTERIOR as a part of the Jones Hole National Fish DIRECTORS, JOB CORPS CONSERVA­ Hatchery; to provide building sites for Bureau of Land Management TION CENTERS, ET AL. proposed facilities; give control over [Arizona 0308591 Delegation of Authority; Contracts areas which are subject to runoffs and ARIZONA and Leases permit erosion control measures to pro­ tect development of withdrawn area; Notice of Proposed Withdrawal and A new subparagraph (5) is added to section 1 (b), as follows: and control of sources of water supply Reservation of Lands for the Fish Hatchery. Section 1. Authority of certain offices The Forest Service, United States De­ For a period of 30 days from the date to enter into contracts and leases. of publication of this notice, all persons partment of Agriculture, has amended * * * * * their application Arizona 030859, pub­ who wish to submit comments, sugges­ lished as Federal Register Document 61- (b) (5) The Directors, Job Corps Con­ tions, or objections in connection with 8091, vol. 26, page 7887, August 24, 1961, servation Centers, under the jurisdiction the proposed withdrawal may present to eliminate therefrom the following de­ of BLM are authorized to issue orders, regardless of amount, for equipment, their views in writing to the undersigned scribed lands: supplies and services, obtainable from officer of the Bureau of Land Manage­ Gila and Salt River Meridian, Arizona General Services Administration Stores ment, Department of the Interior, Post T. 12 N., R. 16 E., Stock, Federal Supply Schedules, and Office Box 11505, Salt Lake City, Utah, Sec. 14, lot 1, Ni/2, SW>/4, N&SE^, SWy4 other established sources of supply. 84111. SE%; They are also authorized to make open The Department’s regulations (43 CFR Sec. 24, lots 1 to 8, inclusive, and Ei/2; market purchases for supplies, equipment 2311.1- 3(0)) provide that the authorized Sec. 26; Sec. 36, lots 1 to 7, inclusive, ttnd Ey2Ey2, and services, not exceeding $2,500 per officer of the Bureau of Land Manage­ W^NE‘,4, N^NWy4, SW%SWV4- transaction ($2,000 if for construction), ment will undertake such investigations T. 12 N., R. 17 E., pursuant to Sec. 302(c) (3) of the Federal as are necessary to determine the exist­ Sec. 20; Property and Administrative Services ing and potential demand for the lands Sec. 28, lot 1, Ni/2, SW

Office of the Secretary from commercial banks, cooperative Hi-type nuclear reactor on the Univer­ lending agencies, or other responsible sity’s campus at Berkeley, California. CARL H. WILLIAMS sources. The permit, as issued, was substan­ North Dakota tially as set forth in the Notice of Pro­ Statement of Changes in Financial Stutsman. posed Issuance of Construction Permit Interests S outh D akota published in the F ederal R egister Jan­ Brown. uary 15, 1965, 30 F.R. 559. In accordance with the requirements West Virginia of section 710(b) (6) of the Defense Pro­ Berkeley. Monroe. Dated at Bethesda, Md., this 3d day of duction Act of 1950, as amended, and February 1965. Executive Order 10647 of November 28, Greenbrier. Morgan. Jefferson. Pocahontas. For the Atomic Energy Commission. 1955, the following changes have taken Mason. Summers. place in my financial interests during S aul Levine, the past six months: Pursuant to the authority set forth Chief, Test and Power Reactor (1) No Change. above, emergency loans will not be made Safety Branch, Division of (2) No Change. in the above-named North Dakota, Reactor Licensing. (3) No Change. South Dakota, and West Virginia coun­ (4) No Change. ties after December 31, 1965, except to [F.R. Doc. 65-1443; Filed, Feb. 9, 1965; applicants who previously received 8:49 a.m.] This statement is made as of Janu­ emergency or special livestock loan as­ ary 18,1965. sistance and who can qualify under es­ Dated: January 18,1965. tablished policies and procedures. C. H. W illiams. Done at Washington, D.C., this 4th CIVIL AERONAUTICS BOARD [F.R. Doc. 65-1425; Filed, Feb. 9, 1965; day of February 1965. [Docket 11077; Order E-21760] 8:47 a.m.] Orville L. F reeman, CATALINA AIR LINES, INC. Secretary. Mail Rates; Order To Show Cause [F.R.. Doc. 65-1402; Filed, Feb. 9, 1965; 8:46 a.m.] Adopted by the Civil Aeronautics Board DEPARTMENT OF AGRICULTURE at its office in Washington, D.C., on the Office of the Secretary 4th day of February 1965. In the Service to Santa Catalina MISSOURI DEPARTMENT OF HEALTH, EDU­ Island Case, 30 CAB 1060 (1960), the Designation of Area for Emergency Board awarded Avalon Air Transport, CATION, AND WELFARE Inc., which has since changed its name Loans to Catalina Air Lines, Inc. (Catalina), a For the purpose of making emergency Food and Drug Administration temporary certificate of public conven­ loans pursuant to section 321 of the Con­ ience and necessity of 3 years’ duration to solidated Farmers Home Administration INTERNATIONAL SALT CO. provide air transportation between Los Act of 1961 <7 U.S.C. 1961), it has been Notice of Filing of Petition for Food Angeles, Calif., and Santa Catalina determined that in the hereinafter- Additive Yellow Prussiate of Soda Island. The certificate became effective named county in the State of Missouri on January 11, 1960, and continued in natural disasters have caused a need for Pursuant to the provisions of the Fed­ effect until Catalina’s petition for re­ agricultural credit not readily available eral Food, Drug, and Cosmetic Act (sec. newal was denied on June 13, 1963.* from commercial banks, cooperative 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 Prior to its temporary certification, lending agencies, or other responsible (b) (5)), notice is given that a petition Catalina operated between Los Angeles sources. (FAP 5N1656) has been filed by Inter­ and Catalina Island under the exemption MISSOURI national Salt Company, Clarks Summit, provided by Part 298 of the Economic Butler. Pa., proposing an amendment to § 121.- Regulations for air taxi operators. It Pursuant to the authority set forth 1032 Yellow prussiate of soda * * * to also carried mail to Catalina Island pur­ above, emergency loans will not be made provide for the safe use of 13 parts per suant to a star route mail contract with in the above-named county after Decem­ million of yellow prussiate of soda as an the Postmaster General. However, after ber 31, 1965, except to applicants who anticaking agent in salt for human and Catalina was awarded certificate author­ previously received emergency or special animal consumption. ity to carry mail, the Postmaster General livestock loan assistance and who can Dated: February 4,1965. petitioned the Board to establish a serv­ qualify under established policies and ice mail rate for that carrier’s certifi­ procedures. Malcolm R. S tephens, cated service between Los Angeles and Assistant Commissioner Catalina Island, and a temporary rate Done at Washington, D.C., this 4th day for Regulations. was established by Order E-15714, Au­ of February 1965. [F.R. Doc. 65-1456; Filed, Feb. 9, 1965; gust 31, 1960 (31 CAB 906).2 This tem­ Orville L. F reeman, 8:49 a.m.] porary rate was subsequently increased Secretary. to reflect mail services by Catalina to [F.R. Doc. 65-1401; Filed, Feb. 9, 1965; Inyokern, Calif., pursuant to exempt 8:46 a.m.] tion authority,* but such increase was ATOMIC ENERGY COMMISSION canceled when Catalina ceased serving [Docket No. 50-224] Inyokern upon the institution of certifi­ NORTH DAKOTA, SOUTH DAKOTA cated service by Pacific Air Lines. AND WEST VIRGINIA REGENTS OF UNIVERSITY OF These temporary rates have never been CALIFORNIA finalized. Designation of Areas for Emergency As indicated above, Catalina’s certifi­ Loans Notice of Issuance of Construction cate was terminated in June of lsw- For the purpose of making emergency Permit loans pursuant to section 321 of the Con­ Please take notice that, no request for 1 Order E-19678, June 13, 1963. . solidated Farmers Home Administration 2 Catalina instituted certificated servic a formal hearing having been filed fol­ priority and nonpriority mail on J ® ' Act of 1961 (7 U.S.C. 1961), it has been lowing publication of the notice of pro­ 1960, and the temporary rate was made determined that in the hereinafter- posed action in the F ederal R egister, tive as of that date. Prior to June 24, named counties in the States of North the Atomic Energy Commission has is­ lina was compensated pursuant to its Dakota, South Dakota and West Virginia sued, effective as of the date of issuance, Route contract. natural disasters have caused a need for Construction Permit No. CPRR-83 au­ 3 Order E-18193, April 9, 1962. agricultural credit not readily available thorizing construction of a TRIGA Mark 4 Order E-18679, August 9, 1962. Wednesday, February 10, 1965 FEDERAI REGISTER 1881

Immediately thereafter the Postmaster final raté shall be limited to those specifi­ This order will be published in the Generar moved to establish a star route cally raised by the answer, except insofar F ederal R egister. which the Board approved by Order as other issues are raised in accordance By the Civil Aeronautics Board. E-19787 July 9, 1963. Catalina began with Rule 307 of the rides of practice (14 star route Services on July 10, 1963, and CFR 302.307) ; and [seal] Harold R, S anderson, since that date has been compensated 5. This order shall be served upon the Secretary. for its mail services under the terms of Postmaster General and Catalina Air [F A Doc 65-1460; Filed, Feb. 9, i965; its star route contract rather than the Lines, Inc. 8:50 a.m.] Board’s rate order. This order will be published in the It is now necessay to finalize Cata­ F ederal R egister. lina’s rate for thè period of its certifi­ cated service and close the docket. The By the Civil .Aeronautics Board. FEDERAL COMMUNICATIONS initial temporary rate was fixed at the [seal] H arold R. S anderson, level requested in the ^Postmaster Gen­ Secretary. COMMISSION eral’s petition. This rate was in turn [F.R Doc. 65-1459; Filed, Feb. 9, 1965; [Docket Nos. 15780,15781; FCC 65M-1341 based on a projection of Catalina’s star 8:50 a.m.] route compensation and was acceptable TELEVISION SAN FRANCISCO AND to the carrier. The rate increase related JALL BROADCASTING CO., INC. to Catalina’s Inyokem, Calif., service [Docket No. 15353; Order E-21762] was also acceptable to both the carrier Order Scheduling Prehearing and the Postmaster General. On the INTERNATIONAL AIR TRANSPORT Conference basis of information before the Board it ASSOCIATION appears to be fair and reasonable to In re applications pf Lillian Lincoln establish Catalina’s final rate, at the Order Relating ta Specific Commodify Banta and Dearie Devere Banta, doing same level as its temporary rate. Rates business as Television San Francisco, The Board, therefore provisionally Adopted by the Civil Aeronautics San Francisco, Calif., Docket No. 15780, finds and concludes that the fair and Board at its office in Washington, D.C., File No. BPCT-330$j Jail Broadcasting reasonable final mail rates to be paid- on the 4th day of February 1965. Co., Inq., San Francisco, .Calif., Docket Catalina Air Lines, Inc. pursuant to sec­ No. 15781, File No. BPCT-3425; for con­ Agreement adopted by Traffic Con­ struction permit for new Television tion 406 of the Act for the transporta­ ference 1 of the International Air Trans­ tion of mail by aircraft, the facilities port Association relating to specific broadcast station (Channel 26). used and useful therefor, and the serv­ commodity rates, Docket 15353 ; Agree­ In accordance with agreements ices connected therewith are: ment CAB 17666, R-85 through R-90. reached at a prehearing conference held (!) A rate of $14,300 per annum for There has been filed with the Board, on February 3, 1965; It is ordered, This the period June 24, 1960 through Jan­ pursuant to section 412(a) of the Federal 3d day of February 1965, that a further uary 15,1961; Aviation Act of 1958 (the act) and Part prehearing conference in the above- (2) A rate of $17,600 per annum for 261 of the Board’s Économie Regulations, entitled proceeding will be held on Feb­ the period January 16, ‘ 1961 through an agreement between various air car­ ruary 17,1965. May 7,1962; and riers, foreign air carriers, and other car­ Released: February 3,1965. (3) A mte of $14,300 per annum for riers, embodied in the résolutions of Traf­ the period May 8, 1962 through July 9, fic Conference 1 of the International Air F ederal Communications 1963. Transport 'Association GATA), and Commission, In view of such provisional finding adopted pursuant to the provisions of [seal] B en F. W aple, and conclusions: It is ordered. That Resolution 590 (Commodity Rates Secretary. 1. All interested persons, and partic Board). ■ i ■ . , 0% : ' . ■ [FJR. Doc. 65-1417; Filed, Feb. 9, 1965; ularly Catalina Air Lines, Inc., and th The agreement* adopted pursuant to a: 47 a.m.J Postmaster General, are directed t unprotested notices to the carriers and show cause why the Board should nc promulgated in IATA memoranda, [Docket Nos, 15548,15614; FCC 65M-136] adopt the foregoing proposed finding names additional specific commodity and conclusions and fix, determine an rates as set forth in the attachment TRIAD STATIONS, INC., AND MARSH­ publish the final rates specified abov hereto.1. ALL BROADCASTING CO. as the fair and reasonable rates of com The Board, acting pursuant to sections pensation to be paid to Catalina Ai 102, 204(a) and 412 of the act, does not Order Continuing Hearing bm&i, Inc. for the transportation of ma: find the subject agreement to be adverse by aircraft, the facilities used and use In re applications of Triad Stations, to the public interest or in violation of Inc., Marshall, Mich., Docket No. 15548, ful therefor, arid the services connecte the act, provided that approval thereof File No. BPH-4131; Marshall Broadcast­ therewith as specified above. is conditioned as hereinafter ordered. ing Company, Marshall, Mich,, Docket 2. Further procedures herein -shall b Accordingly, it is ordered, That Agree­ No. 15614, File No. BPH-4327; for con­ a ac.CP.rdance with the rules of practici ment CAB 17666, R-85 through R^90 be . Part 302, and if there is any oh struction permits. jection to the rates or to the other find approved, provided that such approval The Hearing Bxaminer having' under jngs and conclusions specified abov< shall not constitute approval of the consideration a request filed February 2, nonce thereof shall be filed within 1 specific commodity descriptions con­ 1965 by Triad Stations, Inc. (Triad) for tained therein for purposes of tariff postponement of hearing herein, pres­ nays, and, if notice is filed, writte publication. ha ~er. an^ supporting documents sha ently scheduled to commence on Feb­ filed within 30 days, after the dat Any air carrier party to the agreement, ruary 8, 1965, or, in the alternative, to or any interested person, may within 15 proceed at the February 8 hearing solely of service of this order. : days from the date of service of this with the admission of evidence pertaining whhiif in0ti ce of objection is not file order, submit statements in writing con­ to the financial qualifications of Marshall answer days’ or 11 notice is filed an taining reasons deemed appropriate, to­ Broadcasting Company (Marshall); S E ' J not filed within 30 days, afte gether with supporting data, in support It appearing, that Triad filed a Petition deemaH f ^ order> all persons shall b of or in opposition to the Board’s action for Notice of Proposed Rule Making on hearing Waived the right to herein. An original and 19 copies of February 2, 1965, requesting that Chan­ short &n« a11 other procedural step the statement should be filed with the nel 244A be assigned to Marshall, Mich., andth?na fi^al decisi°n by the Boarc Board’s Docket section. The Board may, and that if, as a result of such a Notice, the r?+ Board may enter an order fixin upon consideration of any such state­ the requested assignment is effected, and mc°rporating the finding ments filed, modify or rescind its action Triad “will amend its pending applica­ ? E lu sio n s specified above. herein by subsequent order. tion to specify a new transmitter site in d e ^ f r k hled. the issues involve and to change from Channel 285A to deternuning the fair and reasonabl 1 Filed as part of original document. 244A”, thus obviating the necessity for a 1882 NOTICES comparative determination between it 2. Because Stevens’ original applica­ commitment to lendmoney to Stevens. and Marshall; and tion, filed August 15, 1961, included in­ However, their challenges are largely . It further appearing, that counsel for sufficient information as to assets, the disposed of by additional letters from Marshall and for the Commission’s Commission, in a predesignation letter of both banks, included with Stevens’ op­ Broadcast Bureau do not oppose a grant June 23, 1964, requested additional data position, which affirm that the previous of the request for postponement and that as to the adequacy of his cash and other letters did constitute firm commitments the public interest requires immediate liquid assets and the facts surrounding subject only to the standard condition consideration thereof: any loans he intended to secure. On the of renegotiation at the time of advance­ It is ordered, This 3d day of Fèbruary basis of an August 1964 amendment filed ment of funds in the event of alteration 1965, that the subject request is granted, in response to the Commission’s letter, in Stevens’ financial posture.7 Finally, and that hearing herein, presently sched­ an initial determination of financial in view of the fact that security for the uled to commence on February 8, 1965, qualification was made by the Commis­ loans must be presumed to have been is continued to a date to be fixed.by sub­ sion in the designation Order. Stevens’ reviewed and found satisfactory by the sequent order pending Commission action cash requirement (adjusted to reflect banks themselves, it is not necessary on the February 2, 1965 Petition for No­ relevant information included in his that it be listed. See Springfield Tele­ tice of Proposed Rule Making. amendment) for construction and 3 vision Broadcasting Corporation, FCC Released: February 4, 1965. months’ operation totals $32,550.43. 64R-243, 2 RR 2d 843; Massillon Broad­ This figure includes: Rental of land casting Co., Inc., FCC 61-1164,22 RR 218. F ederal Communications (prorated for the initial 3-month pe­ Even if serious doubts were found to Commission, riod), and rental and remodeling of exist with respect to specific claimed as­ [seal] B en F. W aple, building totaling $2,100;3 purchase of sets, the value of Stevens’ assets exceeds Secretary. transmitter and equipment totaling his liabilities; and the bank loan com­ [F.R. Doc. 65-1418; Filed, Feb. 9, 1965; $16,900.43; other items totaling mitments are sufficient to meet the pro­ 8:47 a.m.] $1,850.00; and 3 months’ operation posed construction and initial operating costing $11,700.‘ To meet the costs costs. See Massillon Broadcasting Co., [Docket Nos. 15679, 15680; FCC 65R-48] of $32,550.43 Stevens has two loan Inc., supra; Martin Karig, 30 FCC 557, commitments for which he could be 21 RR 439 (1961). TRI-CITIES BROADCASTING CO. AND credited with a total of $33,000.00 and a 4. In its request for misrepresentation DAWSON COUNTY BROADCAST­ deferred equipment credit netting and character qualification issues, Daw­ ING CORP. $11,250.00,3 giving a total of $44,250.00,® son submits an affidavit of its attorney, if the bank commitments and the de­ William P. Trusdale, based on “studies •Memorandum Opinion and Order ferred credit are allowable. of public records, review of a credit Amending Issues 3. Dawson and the Bureau argue that evaluation report8 and other reliable they are not. The loan commitments sources,” arguing that the financial in­ In re applications of David F. Stevens, offered as part of Stevens’ August 1964 formation filed by Stevens is misleading Jr., trading as Tri-Cities Broadcasting amendment are represented by letters of in that he has claimed assets he does Co., Cozad, Nebr., Docket No. 15679, File August 18 and 19, 1964, from the Cozad not in fact hold and has understated No. BP-15052; Dawson County Broad­ State Bank ($15,000.00) and the Gothen­ many of his liabilities. It is alleged, inter casting Corporation, Cozad, Nebr., Dock­ burg State Bank ($18,000.00), respec­ alia, that: The Dawson County Registry et No. 15680, File No. BP-15679; for con­ tively. Dawson and the Bureau contend of Deeds shows Stevens’ parents to be struction permits. that the letters do not evidence a firm owners of record of a parcel of real es­ By the Review Board : tate at 921 Avenue “C”, Cozad, included 1. Dawson County Broadcasting Cor­view Board, the Examiner having been au­ in Stevens’ financial statement; Stevens poration (Dawson) petitions the Review thorized in the designation Order (FCC is not owner of record of a parcel at Board in this comparative proceeding to 64-990), released November 2, 1964, to add 1436 Avenue “O”, Cozad, mentioned in add the following issues against David such an issue at his discretion. See Triangle his financial statement, nor are his par­ F. Stevens, Jr,, trading as Tri-Cities Publications, Inc. (WNHC), FCC 61-99, 21 ents; records of the Cozad County Clerk’s Broadcasting Co. (Stevens) to those RR 187 (1961). office list 11 unpaid chattel mortgages designated by the Commission (FCC 64- 3 The rental and remodeling figure includes against Stevens totaling in excess of a full year’s rent; since the remodeling cost 990, released November 2,1964) : 1 was not segregated from the rental figure, $75,000 in original amounts; and the (a) To determine whether David F. the rent cannot be prorated. Registry of Deeds records a real estate Stevens, Jr., has deliberately misrepre­ 4 Absent explanation by Stevens it must be loan in the original amount of $19,607.00. sented facts to and deliberately concealed assumed that initial payments on the two This inforrriation, says Dawson, conflicts facts from the Commission in connection bank commitments reported in his 1964 With Stevens’ August 1964 enumeration With the prosecution of his application. amendment are not reflected in the $36,000.00 of liabilities in the amount of open ac­ (b) In view of the evidence adduced first year operating cost reported in the 1961 counts payable of $1,750; chattel mort­ application. Since no date for commence­ gages of $2,150; and three real estate pursuant to the foregoing issue, to de­ ment of repayment is given,- it will be as­ termine whether Mr. Stevens has the sumed to be concurrent with commencement mortgages totaling $24,050. Dawson necessary character qualifications to be of station operation. ~ According to the terms notes that in December 1962 Stevens re­ a Federal Communications Commission of bank letters submitted with Stevens’ op­ ported current liabilities of $30,000 and licensee. position, 3 months’ payments on the two long-term liabilities of $40,000. The af- (c) To determine whether Mr. Ste­ loans, which total $33,000.00, will be approxi­ vens is financially qualified to construct mately $2,700.00. 7 Dawson’s reply attacked the supplemental ' Although Stevens’ August 1961 applica­ bank letters on the grounds that they con­ arid operate his proposed station.3 tion specifies $16,900.43 worth of equipment, stitute new matter at variance with tn the attached letter from Collins Radio Co., application and cannot therefore be con­ 1 Before the Review Board are: motion to written 6 months earlier, speaks only of a sidered by the Review Board. A motion enlarge issues, filed November 23, 1964, by credit “in the approximate amount of strike these and other portions of Steve Dawson; comments on petition to enlarge is­ $15,000.00”; it must therefore be inferred opposition was filed concurrently with t sues, filed December 7, 1964, by the Broad­ that expenditures over $15,000.00 will be met reply. Except insofar as it challenges cast Bureau; opposition, filed December 22, in some other manner. Under the terms of Stevens’ attempt to rely upon his P * 1964, by Stevens; reply, filed January 5, 1965, the agreement, Stevens will make a down amendment loan (see footnote 6, sup by Dawson; motion to strike certain portions payment of 25 percent, or $3,750.00, which Dawson’s motion will be denied; as notea j of opposition, filed January 5, 1965, by Daw­ reduces the $15,000.00 total to $11,250-00. the Bureau, material filed with the CPP0®1 son; comments on motion to strike,, filed ® Stevens’ opposition attempts to show a tion is explanatory in nature and str c ^ January 11, 1965, by thè Broadcast Bureau; third loan in the-amount of $60,000.00 which responsive to Dawson’s motion. See Sm opposition to motion to strike, filed January was to have been completed in December 2l, Ì965, by Stevens; and supplement to op­ 1964. Such a loan should properly have over Radiò, Inc., FCC 62-81,22 RR 865. position to motion to enlarge, filed January been the subject of an amendment and 8 Assertions allegedly based on r®P n 28, 1965, by Stevens. therefore will not be considered in connec­ are properly challenged by the Bureau, h 2 Dawson also requested addition of a suffi­ tion with Stevens’ financial qualifications. violation of Section 1.229(c) of the Co ciency of funds (Evansville) issue. This re­ See Triad Stations, Inc., FCC 64R-540, re­ sion’s Rules. See Smackover Radio, quest is not properly addressed to the Re- leased November 27, 1964. supra. Wednesday, February 10, 1965 FEDERAL REGISTER 1383 fidavit challenges Stevens’ ownership of less than complete. While the actual Corp., Cozad, Nebr., Docket No. 15680, two of the three parcels claimed by him state of title is hot important in connec­ File No. BP-15679; for construction and indicates that his August statement tion with Stevens’ financial qualification permits. that $18,000 was owed on the third was in view of our disposition of that portion Ait today’s further prehearing confer­ inaccurate in view of the fact that $19,987 of the Motion to Enlarge, the possibility ence, among other things, the following was owed on November I, 1964. , These that Stevens has been less than candid new dates were set: discrepancies are not consistent with in his explanation of ownership cannot 1. Exchange of remaining direct af­ candor, concludes Dawson. be considered immaterial/ PCC v. firmative written cases of applicants (en­ 5. The Bureau would add the requested WOKO, Inc., 329 U.S. 223 (1946). Daw­ gineering cases were exchanged today) — misrepresentation and character issues son’s reply pleading suggests a direct Ferbuary 17, 1965. if Stevens is unable to give satisfactory conflict with Stevens’ opposition, which 2. Receipt of notification of engineer­ explanation of the apparent discrepan­ makes no allegation with respect to the ing witnesses for cross-examination—» cies between Stevens’ report of existing ownership of the Avenue “C” property February 12, 1965, of lay witnesses— liabilities and real estate ownership and but does allege that the Avenue “O” March 3, 1965. the records of the Registry of Deeds and property is “also owned” by his mother. 3. Notices to take depositions— Office of County Clerk of Dawson County. Dawson replies, however, that according March 3, 1965. In its comments the Bureau takes the to the Registry of Deeds title to the 4. Hearing—March 15, 1965 (resched­ position that the Registry would show Avenue “C” property is in both parents, uled from February 17, 1965).: Stevens’ reported ownership of the 921 rendering the affidavit of Mrs. Stevens So ordered, This 2d day of February Avenue “C” and the 1436 Avenue “O” meaningless. Stevens not only fails to 1965. property and that the county clerk’s explain why his father did not join in office would show the extent to which this instrument but also does not suggest Released: February 3, 1965. the chattel mortgages have been paid that he will join in the affidavit to be filed F ederal Communications off or reduced to the sums alleged in the in connection with Avenue “O”. The Commission, August 18, 1964 financial statement. actual state of title cannot be determined [seal] B en F. Waple, 6. The challenges to Stevens’ record from these conflicting pleadings. While Secretary. of his liabilities appear to be satis­ it is true that neither party has offered the best evidence of the true state of title, [F.R/'Doc. 65-1420; Filed, Feb. 9, 1965; factorily answered in his opposition, 8:47 a.m.] which lists in detail the nature and the fact remains that there is a direct amount of outstanding liabilities. In ad­ conflict, unexplained by Stevens, which dition, Stevens attaches an affidavit of can only be resolved at this stage of the [Docket Nos. 15824, 15825; FCC 65-84] the County Clerk stating that payments proceeding by addition of the requested or discharges of mortgages are not mat­ issue. See Beamon Advertising, Inc., GROSS BROADCASTING CO. AND ters of record unless filed and that many FCC 63R-467,1 RR 2d 285. CALIFORNIA WESTERN UNIVERSITY of Stevens’ liens are in favor of non­ Accordingly, it is ordered, This 3d day OF SAN DIEGO residents and no local agency could re­ of February 1965, that the Motion to En­ port outstanding balances. Also at­ large Issues, filed November 23, 1964, by Order Designating Applications for tached is an affidavit of Stevens’ ac­ Dawson County Broadcasting Corp., is Consolidated Hearing on Stated countants detailing amounts paid on all granted to the extent indicated below Issues chattel mortgages and listing those re­ and is denied in all other respects; and tired. The existing balance due is re­ It is further ordered, That the issues In re applications of Jack O. Gross, tr/ flected as $28,120.29 rather than the in this proceeding are enlarged by addi­ as Gross Broadcasting Co., San Diego, $75,000 alleged by Dawson. The mort­ tion of the following: To determine Calif., Docket No. 15824, File No. BPCT- gages were included in the August fi­ whether David F, Stevens, Jr., tr/as Tri- 3346; California Western University of nancial statement; while not' listed Cities Broadcasting Co., has misrepre­ San Diego, San Diego, Calif,, Docket No. separately, they were all considered in sented or concealed facts in connection 15825, File No. BPCT-3421; for construc­ calculating the $100,893.05 net worth with the prosecution of his application, tion permit for new television broadcast figure set forth therein. and whether in light of the evidence station. 7. However, problems raised with re­ adduced relative thereto Mr. Stevens has At a session of the Federal Communi­ spect to the two parcels of real estate are the requisite qualifications to be a li­ cations Commission held at its offices in not satisfactorily resolved. The opposi­ censee of the Federal Communications Washington, D.C., on the 3d day of tion does state that due ta a typographi­ Commission; February 1965; cal error in his financial statement Ste­ It is further ordered, That the Motion The Commission, having under con­ vens improperly claimed as an asset to Strike, filed January 5, 1965, by Daw­ sideration the above-captioned applica­ Property at 915 Avenue “C”, Cozad; the son County Broadcasting Corp., is tions, each requesting a construction per­ Property is in fact at 921 Avenue “C”. granted, to the extent reflected herein mit for a new television broadcast station However, Stevens admits that neither and is denied in all other respects. to operate on channel 51, San Diego, Calif.; and this property nor the property at 1436 Released: February 4, 1965. Avenue “O” is owned of record by him. It appearing, that the above-captioned An affidavit of Stevens’ mother is at­ F ederal Communications applications are mutually exclusive in tached, affirming that Stevens has for Commission, that operation by the applicants as pro­ some time managed the property and it [seal] Ben F. Waple, posed would result in mutually destruc­ is understood and agreed that he has full Secretary. tive interference; And use of the property, including right of It further appearing, that the follow­ [F.R. Doc. 65-1419; Filed, Feb. 9, 1965; ing matters are to be considered in con­ sale and appropriation of the proceeds, 8 :47 a.m.] ror the purpose of acquiring funds to nection with the issues specified below: onstruct and operate a radio station.8 (a) Based on information contained f?i own affldavit states that an un- [Docket Nos. 15679, 15680; FCC 65M-131] in the application of California Western 52L gave his mother title to the University of San Diego, the cost of con­ ™ ue O” property in 1952 and that a TRI-CITIES BROADCASTING CO. AND struction of the proposed new station miiar deed was drawn up December 16, DAWSON COUNTY BROADCASTING will be approximately $557,000, and cash in excess of $607,000 will be required for ’ an<* *s being filed. As noted in CORP. -awsonsrepiy, Stevens’ explanation of the construction and initial operation Statement and Order After Further of the proposed station. The exact to the two parcels of real estate is amount of cash required cannot be de­ Prehearing Conference termined, however, because the applicant affldavifc flIed with the opp In re applications of David F. Stevens, has not furnished any information with Jan the Avenue "O” property, Jr., tr/as Tri-Cities Broadcasting Co., respect to the availability of deferred entlv a simUar affidavit, inadv Cozad, Nebr,, Docket No. 15679, File No. credit or the costs of freight, painting, BP-15052; Dawson County Broadcasting foundations, miscellaneous costs, and 1884 NOTIGES contingencies. The applicant has made the proposed television broadcast sta­ It is further ordered, That the issues in no financial showing and no information tion; and the above-captioned proceeding may be is available as to how the applicant will It further appearing, that, upon due enlarged by the examiner with respect to obtain the necessary funds for the con­ consideration of the above-captioned ap­ the application of Jack O. Gross, tr/as struction and operation of the proposed plications, the Commission finds that, Gross Broadcasting Co., on his own mo­ new station. It cannot be determined, pursuant to section 309(e) of the Com­ tion or upon petition properly filed by a therefore, that the applicant is finan­ munications Act of 1934, as amended, a party to the proceeding and upon suffi­ cially qualified. hearing is necessary and that the said cient allegations of fact in support there­ (b) California Western University of applications must be designated for hear­ of, by the addition of the following issue: San Diego proposes to broadcast a total ing in a consolidated proceeding on the “To determine whether the funds avail­ of 59.5 hours per week, of which 84 per­ issues set forth below r able to the applicant will give reasonable cent, or approximately 50 hours, will be It is ordered, That, pursuant to section assurance that the proposals set forth in devoted to local live programing. The 309(e) of the Communications Act of the application will be effectuated.” applicant proposes to employ a station 1934, as amended, the above-captioned It is further ordered, That, to avail manager, a chief-engineer, and technical applications of Jack G. Gross, tr/as Gross themselves of the opportunity to be and administrative help as required. It Broadcasting Co. and California. Western heard, Jack O. Gross, tr/as Gross Broad­ is also proposed to supplement this staff University of San Diego are designated casting Co., and California Western Uni­ with members of the faculty and student for hearing in a consolidated proceeding versity of San Diego, pursuant to § 1.221 body. Except with respect to the station at a time and place to be specified in a (c) of the Commission’s rules, in person manager and Chief engineer, insufficient subsequent Order, upon the following or by attorney, shall,.within twenty (20) information has been furnished with issues: days of the mailing of this Order, file respect to the applicant’s staffing pro­ 1. To determine whether California with the Commission, in triplicate, a posal to enable a determination to be Western University of San Diego is fi­ written appearance stating an intention made as to whether the staff proposed nancially qualified to construct, own, and to appear on the date set for the hearing would be adequate to effectuate the type operate the proposed television broadcast and present evidence on the issues speci­ of operation proposed.. Additionally, no station: fied in this Order! information has been submitted with re­ 2. To determine whether the staff pro­ It is further ordered, That the appli­ gard to the citizenship of the station posed by California" Western University cants herein shall, pursuant to section manager and department heads as re­ of San Diego would be adequate to effec­ 311(a) (2) of the Communications Act quired by Section IV, Paragraph 12, PCC tuate the type of operation proposed and of 1934, as amended, and § 1.594(a) of Form 301. An issue will be specified, to determine the citizenship of the pro­ the Commission’s rules, give notice of therefore, to determine whether the staff posed station manager and department the hearing either individually or, if proposed would be adequate to effectuate heads of the proposed station. feasible, jointly, within the time and in the type of operation proposed and to 3. To determine the location of the the manner prescribed in such rule, and determine the citizenship. of the station proposed grade A and grade B contours shall advise the Commission of the pub­ manager and department heads. of the applicants in this proceeding. lication of such notice as required by (c) Based on engineering information 4. To determine, on a comparative § 1.594(g) of the rules. contained in the above-captioned appli­ basis, the areas and populations within cations of Gross Broadcasting Co.. and the respective proposed grade A and Released: February 5, 1965. California Western University of San grade B contours of the proposed sta­ F ederal Communications Diego, it appears that there may be a tions. Commission,1 significant disparity in the areas and 5. In the event the proof under issues [seal] B en F. W aple, populations included within the proposed 3 and 4, above, shall establish that the Secretary. grade A and grade B contours of the two proposed grade A and grade B contours [F.R. Doc. 66-1450; Filed, Feb. 9, 1965; proposed stations. On the basis of these of either applicant will include areas and 8:49 a.m.] proposals, therefore, a question is raised populations not included by that of its as to which would represent a superior competitor, to determine the number of utilization of the frequency on a com­ television services, if any, presently avail­ [Docket Nos. 14411,14412; FCC 65M-140] parative basis. Comparative coverage able to such areas and populations. issues will, accordingly, be specified with 6. To determine, on a comparative LA FIESTA BROADCASTING CO. AND respect to the proposed grade A and basis, which of the operations proposed MID-CITIES BROADCASTING CORP. grade B contours of the proposed sta­ in the above-captioned applications tions. Roswell Television, FCC 64R- would better serve the public interest, Order Continuing Hearing 374, 3 RR 2d 569; United Artists Broad­ convenience, and necessity in light of the casting, Inc., FCC 64R-565, 3 RR 2d significant differences between the ap­ In re applications of J. R. Earnest and —> Ultravision Broadcasting Co., FCC plicants as to: John A. Flache, d/b as La Fiesta Broad­ 64R-192, 2 RR 2d 271; Cleveland Broad­ (a) The background and experience casting Co., Lubbock, Tex., Docket No. casting, Inc., FCC 64R-41, 1 RR 2d 949. of each, bearing on its ability to own and 14411, File No. BP-14116; Mid-Cities It further appearing, that the trans­ operate the proposed television broadcast Broadcasting Corp., Lubbock, Tex., mitter proposed by Gross Broadcasting station. Docket No. 14412, File No. BP-15073; for Co. has not been type-accepted by the (b) The proposals of each with respect construction permits. Commission and that, in the event of a to the management and operation of the The hearing examiner having under grant of the application, such grant proposed television broadcast stations. consideration an oral motion made this should be made subject to the condition (c) The programing services proposed date by counsel for Mid-Cities Broad­ that, prior to licensing, acceptable data in each of the above-captioned applica­ casting Corp. in the above-entitled mat­ shall be submitted for type-acceptance in tions.;; ter for a postponement until February accordance with the requirements of 7. To determine, in the light of the evi­ 25,1965 of the hearing now scheduled for § 73.640 of the Commission’s rules; and dence adduced pursuant to the foregoing February 5,1965, and . issues, which of the instant applications It appearing, that all counsel agree to It further appearing, that, except as the postponement and good cause io Indicated above, Jack O. Gross, tr/as should be granted. It is further ordered, That, in the event granting the motion has been shown: Gross Broadcasting Co., is legally, finan­ of a grant of the application of Jack O. It is ordered, This 4th day of February cially, technically, and otherwise quali­ Gross, tr/as Gross Broadcasting Co., such 1965, that the aforesaid motion is granted fied to construct, own and operate the grant shall be subject to the condition and that, accordingly, the hearing now proposed television broadcast station; that, prior to licensing, acceptable data scheduled for February 5,1965 be, an and, except as indicated above, Cali­ shall be submitted for type - acceptance of hereby is, rescheduled to commence fornia Western tfniversity of San Diego the proposed transmitter in accordance is legally, technically and otherwise with the requirements of § 73.640 of the qualified to construct, own and operate Commission’s rules. 1 Commissioners Bartley and Lee absent* Wednesday, February 10, 1965 FEDERAL REGISTER 1885 10 a.m., February 25, 1965, in the Com­ 2. It also appears that § 21.504 of the accordance with the provisions of § 1.221 mission’s offices in Washington, D.C, rules and regulations of this Commission of the Commission’s rules. describes a field strength contour of 37 Released: February 4,1965. decibels above 1 microvolt per meter as Adopted: February 1, 1965. Federal Communications the limit of reliable service area for base Released: February 5,1965. Commission, stations engaged in two-way communica­ F ederal Communications [seal! B en F. Waple, tion service, and that the Commission’s Commission, Secretary. Report No. T.R.R. 4.3.8., entitled, “A [seal] B en F. W aple, [PR. Doc. 65-1451; Filed, Feb. 9, 1965; Summary of the Technical Factors Af­ Secretary. fecting the Allocation of Land Mobile 8:49 a.m.} [F.R. Doc. 65-1452; Filed, Feb. 9, 1965; Facilities in the 152 to 158 Megacycle 8:49 a.m.] [Docket Nos. 15820, 15821] Band” and the procedures set forth therein are a proper basis for establish­ RADIO DISPATCH SERVICE AND ing the location of such service (F50.50) [Docket Nos. 15460,15461; FCC65M-142] CHAPMAN RADIO & TELEVISION and interference contours of the facilities SYMPHONY NETWORK ASSOCIA­ CO. involved in this proceeding. 3. It also appears that § 21.516 of the TION, INC., AND CHAPMAN RADIO Memorandum Opinion and Order rules and regulations of this Commission AND TELEVISION CO. Designating Applications for Con­ requires that an additional showing be Order Scheduling Hearing solidated Hearing on Stated Issues made with each application for an addi­ tional channel and itemizes various data In re applications of Symphony Net­ In re applications of William E. Glass­ useful in the determination as to whether work Association, Inc., Fairfield, Ala., cock, d/b as Radio Dispatch Service, or not an additional channel would be re­ Docket No. 15460, File No. BPCT-3238; Docket No. 15820, File No. 6034-C2-P-64, quired in the public interest, convenience, William A. Chapman and George K. for a construction permit to modify the or necessity. Chapman, d/b as Chapman Radio and facilities of station KIJ352 in the Domes­ 4. It also appears that except for the Television Co., Homewood, Ala., Docket tic Public Land Mobile Radio Service at matters placed in issue herein, both ap­ No. 15461, File No. BPCT-3282; for con­ Birmingham, Ala.: William A. Chapman plicants are financially, technically, le­ struction permits for a new television and George K. Chapman, d/b as Chap­ gally, and otherwise qualified to render broadcast station. man Radio & Television Co., Docket No. the services they have proposed. A further prehearing conference hav­ 15821, File No. 6985-C2-P-64, for a con­ 5. Accordingly, in view of our conclu­ ing been held on February 4,1965, and it struction permit to modify the facilities sions above: It is ordered, Pursuant to appearing from the record made therein of station KIE366 in the Domestic Public the provisions of section 309(e) of the that certain agreements were reached Land Mobile Radio Service at Birming­ Communications Act of 1934, as ham, Ala. and certain rulings made which should amended, that the captioned applications be formalized by order: 1. The Commission, by its Chief of theare designated for hearing, in a consoli­ It is ordered, This 4th day of February Common Carrier Bureau acting under dated proceeding, at the Commission’s 1965, that: delegation of authority, pursuant to sec­ offices in Washington, D.C., on a date to (1) The written exhibits constituting tion 0.292(a) of the Commission’s rules, be hereafter specified, upon the following Symphony’s rebuttal to Chapman Ex­ has before it (1) An application filed issues: hibit H-12 will be exchanged on or before March 16,1964, by William E. Glasscock, (a) To determine, on a comparative d/b as Radio Dispatch Service (Glass­ February 25, 1965; cock) , for a construction permit to mod­ basis, the nature and extent of the serv­ (2) That in the event any party wishes ify the facilities of Station KIJ352 in the ices proposed by each applicant, includ­ to call for cross-examination any wit­ Domestic Public Land Mobile Radio Serv­ ing the rates, charges, personnel, prac­ ness sponsoring any of Symphony’s said ice at Birmingham, Ala.,1 by adding a tices, classifications, regulations and fa­ exhibits notification thereof shall be third channel for two-way communica­ cilities pertaining thereto. given on or before March 4,1965 ; tion service using frequencies 152.06 (b) To determine whether any harm­ (3) That the sponsor of Chapman Ex­ Mc/s (base) and 158.52 Mc/s (mobile); ful interference (within the 37 dbu con­ hibit H -ll shall be present for examina­ and (2) an application filed May 1,1964, tours of the proposed base stations) tion at the hearing hereinafter ordered, by William A. Chapman and George K. would result from simultaneous opera­ and that, in the event any party proposes Chapman, d/b as Chapman Radio & Tele­ tions on the frequency 152.06 Mc/s by to present further evidence through oral vision Co. (Chapman), for a construction Glasscock and Chapman, and, if so, testimony, such party shall give notice permit to modify the facilities of Station whether such interference would be in­ of the identity of his witnesses and the KIE366 in the Domestic Public Land Mo­ tolerable or undesirable. general scope of their testimony on or bile Radio Service at Birmingham, Ala.,2 (c) To determine, on a comparative before March 4,1965; and, ' by adding a second channel for two-way basis, the areas and populations that It is further ordered, That hearing communication on frequencies 152.06 Glasscock and Chapman propose to serve herein shall recommence on March 8, Mc/s (base) and 158.52 Mc/s (mobile) . within their respective 37 dbu contours, 1965 at 10 a.m. in the offices of the Com­ Glasscock and Chapman are each seeking based upon the standards set forth in mission at Washington, D.C. to provide two-way communication serv- paragraph 2 above; and t 6 determine the Released: February 4, 1965. «se on the same frequencies in the same need for the proposed services in the said general area (the base stations would be areas based upon data which includes the . F ederal Communications approximately 0.75 mile apart), and it information elicited by § 21.516 of the Commission, appears that these applications are mu- Commission’s rules. [seal] B en F. W aple, ®?plusive by reason of potential (d) To determine, in light of the evi­ Secretary. «armful electrical interference. There- dence adduced on all the foregoing issues, [F.R. Doc. 65-1453; Filed, Feb. 9, 1965; . r®’ 5 c°paparative hearing is required whether or not the public interest, con­ 8:49 a.m.] nr whether a grant to either venience, or necessity will be served by a •°2 ■ ® applicants would serve the grant of one or both of the captioned [Docket No. 15713; FCC65M-139] PUDhc interest, convenience and neces- applications, and the terms or conditions which should be attached thereto, if any. TREE BROADCASTING CO. waTSmmm ^ J 352 now provides: (a) 6. It is further ordered, That the bur­ Order Continuing Hearing miL ? ffir „ nlcatiotl service on paire< den of proof on each of the issues in In re application of Oris Gowen & ?mobilM ,152 ®9 Mc/ S (base) and 158.5£ paragraph 5 is placed upon the' appli- service «’■ 84111 ^ two-way communi Howard Edwards d/b as Tree Broadcast­ /b f l ® on paireti frequencies 152.15 cants so far as the same relates to their ing Co., Greensburg, Ind., Docket No. ( ?Z] 8nd 15861 Mc/s (mobiie). respective applications; and 15713, File No. BP-15084, for construc­ comm KIE366 HOW provides tw 7. It is further ordered, That the ap­ tion permit. 152^ Mcf^ S6rVice on paired freqo plicants desiring to participate herein The hearing examiner having under 2 03 Mc/S RI63-488, and ray’s proposal to reduce the currently The settlement proposal includes rates cept the DmnSettl1d “ to 811 questions ex- effective rate of 23.3 cents per Mcf to for which issuance of related permanent Mexico EW r» reimbursement of the New 18.5 cents per Mcf for this sale. certificates is pending, some of which are effective April “ ig^ 001 TaX’ Which hecame As to the sales to Transco, Sunray pro­ for sales presently being rnada under poses to reduce the currently effective temporary certificates. We shall set No. 27___ _ 1888 NOTICES such applications for abridged hearing in (D) Sunray shall compute the differ­ (4) Such bank or trust company shall accordance with section 7 of the Nat­ ence between the rates collected subject be entitled to such compensation as is ural Gas Act, providing that the settle­ to refund and the related settlement rates fair, reasonable and customary for its ment rate, in each instance, shall be the for the period from December 31, 1962 services as such, which compensation initial rate. to the date of this order, together with shall be paid out of the escrow account to Our approval of Sunray’s proposal re­ interest as specified by order of the Com­ such bank or trust company. Said bank sults in Sunray refunding approximately mission in each docket to December 31, or trust company shall likewise be en­ 56 percent of the amounts it has collected 1964. Sunray shall within 45 days from titled to reimbursement for its reason­ subject to refund above the settlement the date of this order submit a . report able expenses necessarily incurred in the rates and the reduced rates of approxi­ to the Commission, and serve a copy on administration of this escrow account, mately $1,400,000 annually will consti­ each bf-the purchasers involved, setting which reimbursement shall be made out tute disallowance of approximately 46 out by purchasers the amount of refunds of the escrow account. percent of the increased rates currently related to each rate schedule (showing (5) Such bank or trust company shall being collected in section 4(e) proceed­ separately the principal and applicable report to the Secretary quarterly, certi­ ings. In addition, approximately $69,000 interest), the bases used for such deter­ fying the amount deposited in the trust annual reduction will result from our mination, the periods covered, the pro­ company for the quarterly period. approval of a settlement rate for one sale posed distribution of such amounts and (H) The pending certificate proceed­ where the settlement rate is below the letters from the purchasers agreeing to ings set out in Appendix B below shall “last firm rate”, and no section 4(e) the correctness of such amounts. not be terminated on the basis of the proceeding is pending therefor.® (E) Sunray shall retain the amounts approval of the settlement proposal, but We believe that the principles under­ shown in the report required under para­ shall be determined after hearing in ac­ lying the present settlement proposal, graph (D) above, subject to further cordance with section 7 of the Natural as conditioned herein, are consistent with order of the Commission directing the Gas Act. those utilized in previous major inde­ disposition of those amounts. (I) Sunray shall, over the signature pendent producer rate settlements. (P) If Sunray elects to commingle of a responsible officer, file with the Com­ Our action herein should not be con­ these retained refunds with its general mission, within 30 days from the date of strued as constituting approval of any assets and use them for its corporate pur­ the issuance of this order, an original future rate increases, if any, that may be poses, it shall pay interest thereon at the and one copy of its acceptance or rejec­ filed under the subject rate schedules, rate of 6 percent per annum on all funds tion of the terms and conditions of this and is without prejudice to any findings thus available from March 19, 1965 to order, including specifically the rate as the date on which they are paid over to conditioned herein, and the subsequent or order of the Commission in future the person ultimately determined to be increased refund requirements under its proceedings, including area rate or simi­ entitled thereto in a final order of the Rate Schedule Nos. 215 and 216. lar proceedings, involving Sunray’s rates Commission. (J) Any party to the proceedings or and rate schedules. (G) If Sunray elects to deposit thesettlement negotiations having objec­ The Commission finds: The proposed retained refunds in a special escrow ac­ tions to the terms of this Order shall settlement of the subject proceedings on count, Sunray shall tender for filing on within 30.days from the date of issuance the basis described herein, as more fully or before March 19, 1965, an executed of this Order set forth such objections set forth in the settlement proposal filed Escrow Agreement, conditioned as set in writing to the Commission (original by Sunray on December 29, 1964, is in out below, accompanied by certificate and one copy), and by serving copies on the public interest and it is appropriate showing service of a copy thereof upon the other parties. in carrying out the provisions of the each of its jurisdictional customers. (K) If as a result of any objections Natural Gas Act, that it be approved and Unless notified to the contrary by the filed pursuant to paragraph (J) hereof, made effective as hereinafter ordered, Secretary within 30 days from the date the Commission by subsequent order and good cause exists for approving the of filing thereof, the Escrow Agreement changes Sunray’s duties and obligations settlement rates, for severing and termi­ shall be deemed to be satisfactory and hereunder, Sunray’s acceptance of this nating certain proceedings and provid­ to have been accepted for filing. The settlement order shall not be binding on ing for refunds. Escrow Agreement shall be entered into it without its express agreement. The Commission orders: between Sunray and any bank or trust (L) Within 90 days from the date of (A) The settlement of these proceed­ company used as a depositor for funds this order, Sunray shall make such filings ings on the basis of the settlement pro­ of the U.S. Government and the agree­ under its rate schedules as are required posal, filed by Sunray on December 29, ment shall be conditioned as follows: to make effective the terms of the settle­ 1964, and as conditioned herein, is ap­ (1) Sunray, the bank or trust com­ ment proposal as modified, including proved. pany, and the successors and assigns of those Rate Schedules in Appendix B (B) The applicable settlement rates each, shall be held and formally bound below. set out in Appendix A hereto, and those unto the Federal Power Commission for (M) Upon full compliance by Sunray involving section 4(e) proceedings set the use and benefit of those entitled with all the terms and provisions of this forth in Appendix B below, are approved, thereto, with respect to all amounts and order, the section 4(e) proceedings listed subject,«to the conditions herein, and the interest thereon deposited in a spe­ in Appendices A and B hereto shall ter­ such rates shall be effective as of Jan­ cial escrow account, subject to such minate except those related to Rate uary 1, 1965. Sunray shall substitute Agreement, and such bank or trust com­ Schedule Nos. 109,161, and 189 (Dockets in lieu of its proposed settlement rate of pany shall be bound to pay over to such Nos. RI63-482, RI63-488, and RI64-390) 18 cents per Mcf a rate of 17.5 cents per person nr persons as may be identified insofar as those proceedings relate to the Mcf under its PPC Gas Rate Schedule and designated by final order of the proper tax reimbursement of the New Nos. 215 and 216, which shall be subject Commission and in such manner as may Mexico Emergency School Tax; an“ .®x' to the filing moratorium on rate in­ be therein specified, all or any portion cept for the interests of Ashland Oil « creases until January 1, 1968. of such deposits and the interest thereon. Refining Co. and Seneca Oil Co. in Docxe (C) The approved settlement rates (2) The bank or trust company may No. RI62-178, insofar as that proceeding shall be applicable^ during the moratoria invest and reinvest such deposits in any pertains to the sale of natural gas to short-term indebtedness of the United Northern Natural Gas Co. in the Sout periods herein provided for, to all sales States or any agency thereof or in any east Dower Field, Beaver County, Ok a., - of natural gas from all acreage dedicated form of obligation guaranteed by the from properties assigned to said produc- as of the date of issuance of this order United States which is, respectively, pay­ ing companies by Sunray. under each of the rate schedules cur­ able within 120 days as the said bank or (N) Upon termination of the sectio rently on file with the Commission trust company in the exercise of its sound 4(e) proceedings listed in Appendix discretion may select. whether such sales are made by Sunray, below, in accordance with paragraph (Mi its successors or assignees. (3) Such bank or trust company shall be liable only for such interest as the above, said proceedings shall be seve proceeding 3 Sunray’s Bate Schedule No. 159 which invested funds described in paragraph from the consolidated involves a sale to United in the Bidge Field, (2) above will earn and no other interest Dockets Nos. AR61-2, AR64-1, and Lafayette Parish, South Louisiana. may be collected from it. 2, respectively; the section 7(c) Pr Wednesday, February 10, 1965 FEDERAL REGISTER 1889 ings liste d in Appendix C are hereby or may be made hereafter by the Com­ tuted by or against Sunray or any other severed from the consolidated proceeding mission, and is without prejudice to companies, person or parties affected by Sunray DX Oil Co. et al.. Docket Nos. claims or contentions which may be made this order. G-4281, et al., subject to final determina­ by Sunray, the Commission staff, or any By the Commission. tion in* Docket No. R-200. affected party hereto, In any proceedings (O) This order is without prejudice to now pending, including area rate or [ seal! J oseph H. G txtride, any findings or orders which have been similar proceedings, or hereafter insti- Secretary.

, A p p e n d i x A.—Sonrat DX Oil Co. FPC Rate Schedules—D ocket No. G-S822 et al.

Docket number fr Cents/M cf at area pressure base (subjoofc to B.t.u. adjustment where applicable) Bate Field (area) Purchaser schedule Section 4(e) rate Not subject Rate in Settlement No. Certificate increase to refund • effect'Oct." ; rate*** -* c- 1,1964

Arkantat—16.056 p.t.i.a. 0-14861...... *9.45 9.45 ¿ 45 Colorado—15.055 p.t.i.a. 0-13348...... - RI63-266. _———.1 *12.82622 13.7424 •1167424 *14.0 415.0 CI63-5S4______* * 10.0 »10.0 >16 0 Kamat—H.66 p.t.i.a. 0-5178...... la 7196 ,10.7196 10.7196 102 0-4268-.-.—-.- . G—17883...... *12.0 13.6 IZO RÏ64-826 112 G -9782...__— RI61-119— *12.0 16 0 ... IZO 116 G-10370. ______G-17524— '. .I . __ *15.0 ■ 17.0 •*16 0 0-12566 * RI64-440 it i G-10532...... RI61-498...... ,4 i- . *15.0 160 15.0 G -15115 4 120 0 —10757 . . . . __ G-20062..'....__ *12.0 13.6 IZO 129 G-11762. ____:.... ' RI62-178— *15.0 16 0 15.fi 0-16010* 1ft ...... do...... G-12901-______. RI62-51Ô. :__ ..... *13.5 14.6 13.5 146 0-13125_ , I*'"." — RI62-178...... *14.0 15.0 14.0 !Ji 164 G-14288__ A...ÌJ RI61-117..—.___ , *12.0 17.0 12.0 174 G-3806..—...... G-18173______12.0 13.5 12.0 RÌ63-202 177 G-18614...... RI64-697___ ..... *12.5 13.5 12.5 180 0-3808 1_____ . Cb-18891...... 12.0 13.5 12.0 R163-202 184 G-19409______... RI64-686______- *15.0 ‘ 16.0 15.-0 204 0-5176 11.0 11.0 11.0 206 CT61-133 *13.0 13.0 160 214 Harper Raneh CI62-462...... *160 160 160 217 Dower___: * ? > J; i,' CT61-Î385 *13.0 16 0 13.0 218 Hueoton. . . . . ¡.- OT61—1305 *12.0 12.0 12.0 220 CT62-286 *12.0 .1 2 .6 12.0 242 Various. : • CI63-1407...... *12.5 , 12.5 12.5 Louisiana-North—15.055 p.t.i.a. 9 Athens..* ' 0-11932 14.32 14 32 14~32 47 Bear Creek...._ 0-6050 12.37 12.37 1Z 37 61 Cotton Valley . ( 0-6057 , 12.55076 1Z 55076 1Z 55076 68 G-6045 ia 13.05076 13.05076 1605076 78 Sentell.. _ 0-6056 13.961 16 961 16961 . 146 Cotton Valley 0-13004 1Z 55076 1Z 65076 1Z 65076 169 Carlton Area._ ... 0-16716 *1625 16 25 1625 179 Blackburn Area___ . . . „ 0 —18904 *18.25 1625 1625 188 Rocky Mount____ 0-20082 . 13.961 13.961 16961 191 Calhoun .. CT60-R5 *18.75 16 75 16 75 203 S— do____ CT60-800 ____ *16 75 16 75 16 76 Louitiana-South—15.026 p.t.i.a. 13 Egan___ :__- G-6048 . 0-6822 *9.79715 2655 15.75 G-17727 132 Coles Gulley.. . 0-11877 0-13741 *17.8 • 21.1 17.8 G-16484 . G-19905 RI61-93 RI62-32 RI63-01 RI64-172 169 RI65-238 Ridge Area __ 0-12211 22.25 22.25 16 5 Valentine G-13011____ ... 0-19904 __ *19.1 21.1 19.1 RI61-93 RI62-32 RI63-91 186 RI64-172 Gibson. Tenitóri fías 0-6053 0-19906 i - 10 497 23.3 18. fi 216 Soutn Bearhead Creek. _ CI60-353. *18.3 18.3 18.3 South Duson G-8286 G-17726 81 17.5 23.65 17.5 216 RI61-462 Church Point ; 0-0265 G-17727 » 17.5 23.55 17.5 243 RI61-463 Egan___ OT64-630 *12.7965 12,7965 12.7965 M istittippi-i5.m p.t.i.a. 80 Pistol Ridge-Maxie 0-8043 0-20187 . *20.0 23.0 20.fi1 New Mexico-San Juan—15.025 p.t.iut 109 161 T ä gÄ y0m (^ to e d CHfls) O—0257 (D ...... 11.00123 • 12.22965 • u 12.23085 189 Btett Mounds (Dahota)______l_ G-15800...... IZO 13.2486 MM13.0 G-18774...... £0*) - - - • ...... —---- *13.0 14.26775 *•16 0 Basin (Dakota)""” ...... — ...... So. Union____ I. ____ ...___ C164-158...... RI64-390...... — *13.0" •* 14.2678 13.0 1890 NOTICES

A p p e n d i x A—Sünbày DX Oil. Co.*—Continued

Docket number Cents/Mcf a t area pressure base (subject to B .t.u. adjustm ent where applicable) Rate schedule Field (area) Purchaser NO. Section 4(e) rate Not subject Rate in Settlement Certificate Increase to refund effect Oct. rate*** 1,1964 a ...... î ......

OUahoma-Carter Knox—1 4 .6B p.s.i.a. 193 CI60-163...... RI63-436...... *16.8 17.9 16.8 Oklahoma-Panhandle—H.66 p.s.i.a. 67 G-5182...... G-17316--...... *15.0 17.0 **15.0 RI64-326 58 G -6181--...... G-14931...... *9.8262 12.0 11.0 219 CI61-1819...... - *17.0 17.0 17.0 59 Plnrls G-5180...... *10.0 10.0 10.0 66 G-6173...... G-14931...... *9.8262 12.0 11.0 73 G-8711...... G-17316...... *15.0 17.0 **15.0 RI64-326 111 G -6606...... G-17316...... *15.0 17.0 **15.0 RI64-347 114 G-10325.--...... G-11992...... *16.0 17.6 16.0 RI63-67 R164-617 119 G-10776...... RI60-126...... *15.0 16.0 **15.0 123 G-10943______RI62-178...... *12.0 13.0 12.0 135 G-12400...... G-15177^...... *16.2' 17.6 16.2 G-17880 RI60-131 RI61-356 RI62-325 RI63-341 . RI64-617 138 G-11122...... RI62-502-...... *15.0 16.0 **15.0 162 Beaver Co.* Okla. & Ochiltree Co.f Tex. G-13634...... RI61-119______*15.5 17.5 15.5 Area.1* RI62-178 « 207 G-3815,...... 11.0 11.0 11.0 162 Natural Gas P.L G-16620______... G-17880...... *16.4 17.6 16.4 RI60-131 RI61-360 RI62-325 RI63-341 RI84-617 166 Northern Nat’l______G-16104...... RI63-436...... - *12.0 13.0 12.0 167 G-16134...... RI63-38...... *16.0 17.6 16.0 RÏ64-66 RI64-617 170 _ do_ rT. G-17032...... G-18097...... *16.4 17.6 16.4 RI60-131 RI61-360 RI62-325 RI63-341 RI64-617 166 Panhandle Eastern G-14347...... G-16317...... *16.0 17.4 16.0 G-17881 RI60-131 RI61-360 RI62-325 RI63-341 RI64-617 223 C163-161...... -... *15.0 15.0 *♦15.0 224 CI63-150...... *17.0 17.0 17.0 228 CI63-889...... *17.0 17.0 17.0 240 CI64-556...... *17.0 17.0 17.0 241 ___ d o ...______CI64-643...... *15.0 15.0 is. 0 211 C161-1147...... *17.0 17.0 »*u 17.0 *15.0 15.0 *♦ 1315.0 Oklahoma-Other—H-66 p.s.i.a. ? 1 60 G-5179...... RI66-226...... — 11.0 a 11.0 112.0 69 G-6046...... 10.5 10.5 10.5 106 G-3816...... 10.5 10.5 10.5 134 G-10706...... G-20062...... *12.0 13.0 12.0 G-16444 143 G-12959...... RI63-51...... *12.0 13.0 12.0 194 C160-205...... RI63-341...... *11.0 12.0 112.0 222 CI62-1412...... *11.0 11.0 110 Fuels. 13.0 229 CI63-1118...... *13.0 13.0 15.0 232 CI64-40...... *16.0 15.0 160 233 - —..d o ...... CI64-32...... *16.0 15.0 15.0 234 ___ do...... CI64-33...... *15.0 15.0 15.0 236 CI64-34__ i ...... *16.0 15.0 •*15.0 237 CI64-137___ ..... *15.0 15.0 15.0 239 CI64-261___...... *15.0 15.0 15.0 244 TSTftt’l Gas P T. CT64-83B__ *16.0 15.0 12.0 246 CI64-875...... *12.0 12.0 11.0 246 CRA, Inc...... —...... CI64-1462...... *11.0 11.0 See footnotes at end of table. Wednesday, February 10, 1965 FEDERAL REGISTER 1891

Ap pe n d ix a —Sünray DX On. Co.—Continued

Docket number Cents/Mcf at area pressure base (subject) to B.t.u. adjustment where applicable Rate schedule Field {area) Purchaser No. Section 4(e) rate Not subject Rate in Settlement Certificate increase to refund effect Oct. rate*** 1,1964

Texat-RRC Diet. No. 1—14-65 p.t.i.a. North Hostetter...... Tennessee Gas. G-9530. RI61-323. 14.6 17.24347 »1*15.0 RI65-182 Texat-RRC Diet, No. t —14-66 p.t.i.a. South Cottonwood Creek. Texas Eastern.. G-3885. 12.1344 12.1344 12.1344 Placedo, etc______------Tennessee Gas. G-5123. G-17078.. 11.02818 18.0 » “ 15.0 RI64-349 Wyrick — .----- ___ do...... G-6124. G-17078— 11.02818 15.3333 »«14.0 McFaddin______United Gas. G-5931. 13.1664 13.1664 13.1664 Hordes C reek...—. _..d o ____ G-4952. 7.596 7.596 7.596 Boyce, Brandt, etc. :__ do__ ... G-4948. 13.2002 13.2002 13.2002 North McFaddin... __ .d o ...__ G-5175. RI62-196. 13.1348 15.6 »15.0 RI63-351 Marshall______.....do______G-4954. 13.2002 13.2002 13.2002 Bumell...... :!----- i— do______G-4946. 14.0 14.0 14.0 Mineral______Transcon. Gas. G-4912. 9.779972 9.779972 9.779972 Boyce______—. United Gas__ 0-4949. 13.2002 13.2002 13.2002 Brandt______.... .do..—____ G-4950. 13.2002 13.2002 13.2002 Shck-Wilcox_:_____ .— d o ...... G-4945. 13.2002 13.2002 13.2002 Boyce & Brandt____ .—..d o ..._____ G-4947. 13.2002 13.2002 , 13.2002 South Mineral___ —. Transcon. Gas. G-4917. 9.779972 9.779972 9.779972 Cabeza Creek___ f United Gas___ G-6134. 13.2002 13.2002 13.2002 Slick-Wilcox_____ .do..r„ ——. G-4951. 13.2002 13.2002 13.2002 Goebel...... „ Transcon. Gas. G-4919. 9.779972 9.779972 9.779972 Kecran-North Keeran. United Gas__ G-6062. RI62-196. 9.1024 15.6 » 15.0 RI63-351 South Porter_____ .....d o ...... G-6873... 13.1664 13.1664 , 13.1664 McFaddin....__ ¿ :— do______. . G—8826__ 13.1664 13.1664 13.1664 North Charco___ _ .....d o ______G-8907— 13.1664 13.1664 13.1664 Southeast Charco... Texas Eastern...... G-11026- 10.51648 10.51648 10.51648 BurnelL__ í_____ United Gas__ ___ G-11760- *7.0704 7.0704 ; 7.0704 Yoward.—___ —— Texas Eastern___ G-12784- 10.9206 10.9206 10.9206 East Cabeza Creek. United Gas_____ G-17489— 13.1664 13.1664 18.1664 North LaWard___ __ .d o ...______CI60-42- RI63-385. *14.1792 15.1920 » 16.0 Ramirena______,Valley Gas Trans. GI60-543. *14.0 14.0 14.0 Karon...... Texas Eastern...... CI63-721. 12.0 12.0 12.0

Texat-RRC Diet. No. 5—i 4 .es p.t.i.a. Sheridan...... — ...... Iroquois G as... G-5133... G-13470— 16.65853 18.6776 16.65853 RI62-32 North Lissie______Tennessee Gas. G-5125... 0-17284— 13.37125 19.11402 »15.0 RI64-428 Cypress Creek___ i______Trunkline____ CI60-377- *15.0 15.0 15.0

Texat-RRC Dint. No. 4—14.65 p.t.i.a. Edinburg______i ______i . . . ____ Tennessee Gas_ G-3884. G-20000— 12.12268 17.24347 » « 15.0 R160-303 RI65-182 Premont. ___ d o ...... G-3886. G-19988-. 12.12268 17.24347 » »« »» 16.0 RI60-304 RI65-183 La Gloria______Transcon. Gas. G-5135. 11.1485 11,1485 »*11.1485 Mustang Island-Red Fish Bay. U nited Gas__ G-4953. G-13586- . 12.645 17.7478 »*14.6 RI63-164 Beaurline...... Tennessee Gas. G^sôes. G-20000— *12.12268 17.24347 » »« 15.0 RI60-303 RI65-182 Rincon-Flores...... d o ..._____ G-8791. G-20000.. *12.12268 17.24347 »»*15.0 RI60-303 RI65-182 El Panal.___ Tennessee Gas. G-8826. G-19988- *12.12268 17.24347 »U4.0 RI60-304 RI65-183 Premont___ Coastal States. 0-13365. 9.7672 9. 7672 9.7672 Northwest Corpus Chaiméí.' U nited Gas___ 0-17461. 15.0 15.0 15.0 oeellgson_.„_____ j Tennessee Gas. G-3887.. Q—19905.. 12.12268 17.24347 W »• 14.6 RI60-303 RI65-182 North Monte Christo South Texas Nat. j avelina___ _ G-19511.. RI64-11.- *15.0 16.0 16.0 ___ d o .„ ...... CIÇ0-428. 15.0 15.0 16.0 Texat-RRC Ritt. No. 6—14.65 p.t.i.a. Rhodessa..—____ Ark.-Louisiana. G-2980__ _ 6.6440 6.6440 Carthage... ' 7 6.6440 ...... do___ _...... *------Texas Gas T r„ G-2991.__ 11.6288 11.6288 11.6288 Tecula___ * Ark.-Louisiana. G-10326__ 12.7566 12.7666 12.7566 Troup__ . 1 United G as.... CI61-1088. 10.8876 10.8876 10.8876 — do_____ ... CI61-1229. 10.8880 10.8880 10.8880 Penn-Griffith...... t...... Lone S tar...... CI65-134— *14.49 14.49 14.49 Texat-RRC Diti. No. 9—14 .6 6 p.t.i.i ISO Wise County Area...... Natural Gas P.L. G-4281. RI61-260. *13.25 ' »« 14.5 See footnotes a t end of tab le. RI64-347 1892 NOTICES

A p p e n d i x A—S u n r a y DX Oil Co.—Continued

Docket number Cents/M cf at area pressure base (subject to B .t.u. adjustm ent where applicable) Rate schedule Field (area) Purchaser No. ! Section 4(e) rate Not subject Rate in Settlement Certificate increase to refund effect Oct. rate*** 1,1964 S > ■ - • - Texas-RRC Disi: No. 16—14-65 p.s.i.a. G-10621...... RI62-178— ...... 16.5 17.5 16.5 152 Ochiltree Co. (Tex.) & Beaver Co. (Okla.) G-13634-...... RI61-119______*15.5 17.5 15.5 RI62-178 153 G-13614______RI62-175__-, - - •16.5 17.5 16.5 . Utahr—15.0Z5 p.s.i.a. 225 GI62-1478...... •12.6 12.0 12.0

•Initial Rate. , » The last firm rate of 13.0 cents for th is rate schedule (189) comists of a 13.0 cents ♦♦Rate subject to upward Btu adjustment. ' ' base rate only. In RI63-482, a rate of 13.24856 cents became effective, consisting of •••The settlement rates set out herein, unless otherwise noted, are base rates, 13.0 cents base rate and 0.24856 cents tax reimbursement. In RI64-390, the rate subject io reductions in the manner and in the amounts set out in the respective rate became 14.26775 cents, comisting of 14.0 cents basé and 0.26775 cents tax reimburse­ schedules; where applicable tinder conditions of safe and/or delivery. « ment. The computation of tax reimbursement is, of course, based upon Sunray’s j i Sunray to delete any favored nation, pricefedetermination and fixed pricè escala­ construction of the contract. tion provisions from the rate schedule. U Listed under both Oklahoma Panhandle and Texas RRC Dist. No. 10. * Rate atfeontract biessurè base,116.4 p.s.i.a. 13 17.0 cents settlement rate for gas sold in Oklahoma Panhandle area and 15.0 »Supplement adding acreage. ¡ J . cents settlement rate for gas sold in Oklahoma Other area. V 4 Supplement adding acreage in Reaver County, Okla. u 17.0 cents rate in effect Nov. 2,1964, Docket No. RI65-182.- *16.0 cents rate in effect Nov. 1,1964, Docket RI64r-686. ;!» Sunray'to amend its contract so as to extend the term to expire five (5) years * 21.5 Cents rate suspended u n til Apr. 1,1965, Docket RI65-238. from Dec. 29, 1964. ? The last firm rate of 11.00123 cents for this rate schedule (109) consists of a 11.0 cents i# .Abandonment authorized in Docket No. CI62-368. báse rate and 6.00123 cent tax reimbursement. In RI63-482, a rate of 11.25286. cents u 17.0 cents rate in effect Nov. 2, 1964, Docket No. RI65-183. was made effective, consisting of 11.0 cents base rate and 0.25286 cent tax reimburse­ I* Rate stated at 16.7 p.s.i.a. ment. On Jan. 1,1964; the rate became 12.23085 cents under the contract, consist­ i® Sunray.to delete any favored nation or price redetermination provisions in the ing of 12.Ò cents base and 0.23085 cent tax reimbursement, though through error, a rate schedule. bate of12.22965 cent's was filed iñ RI64¡-381 (see footnOtè 8). The computation of tax re 20 Rates, include 0.25 cents per Mcf reimbursement for dehydration which is paid dmbursementls, of course, based upon Simmy’s construction of the contract. by seller to plant processor. » The proposed settlement rate represents a corrected computation of the current 21 12.0 cents rate suspended until M ar. 5,1965, Docket No, RI65-226. contract rate, inclusive of tax reimbursement, pursuant to Sunray’s construction of 22 Rate increase suspended and made effective subject to refund in Rate Schedul» the contract.' The rate shown In effect. Dot. 1,1964 is the filed rate, which contami No. 77, which was superseded by Rate Schedule No. 215. ' VT an arithmetical error in computation of current-, contract rate. 23 Rate increase suspended and made effective subject to refund in Rate Schedule , » The last firm ra te ‘Of 12.0 cents for this rate schedule (161) consists of a 12.0 cents No. 108 which was superseded by Rate Schedule No. 216. base-rate only. In RI63-488, a rate 6f 12.2295'cehts became effective, comisting of 3i The section 4(e) proceedings for this Rate Schedule shall remain open for the -12.0 centsbase rate end 0.-2295 cent tax reimbursement. In RI64-390, the rate became determ ination of the portion of the New Mexico Emergency School Tax which 13.2486 cents, consisting of 13.0 cents base and 0.2486 cent tax reimbursement. In Sunray is entitled to by way of reimbursement. addition, this contract provides a minimum guarantee Of 1.0 cent per Mcf for liquids 25 Docket No. RI62-178 terminated except for the interests of Ashland Oil-4 Re­ (see footnote 10). The computation of tax reimbursement is, of course, based upon fining Go. and Seneca Oil Co. Sunray*s construction of the contract. . , 10 Sunray to delete the provision of the contract which guarantees 1.0 cent/Mcf tor liquids. Appendix B— Sunray DX Oil Co.

FPC Rate Schedules—Docket N o s . G—6822 e t a l . f CERTIFICATE APPLICATIONS, AMENDMENTS AND RELATED SECTION 4(e) INCREASES

Docket number Cents/M cf at area pressure base (subject to B .t.u. adjustment where applicable) . Rate schedule Field (arèa) Purchaser Settlement No. Section 4(e) rate Not subject Rate in Certificate increase to refund effect Oct. rate *** 1,1964

Kansas—-1¿.65 p.s.i.a. •»15.0 182 Lesile. G-190511...... RI60-125...... - •15.0 16.0

Oklahoma-Panhandle—14 .5 6 p.s.i.a. ♦♦115.0 138 Láveme__ i . , ...... 0-11122 1 RI62-602.— - ___ _ •15.0 160 G-14143 >„...... RI62-519...... — *15.0 160 Ì55 Northeast Glen wood. 17.0 **150 163 Mocane___ ll___*3 O—IfilOfl 1 R I62-455-...... •15.0 **17.0 176 Láveme______0-186301 *17.0 17.0 17.0 G-18142--______*17.0 1 17.0 206 Various______¿___ 19.5 *♦ 1 17.0 212 Edith South. CT61-12m 1 __ RI64-440...... *17.0 *♦115.0 *15.0 Oklahoma-Other—14.65 p.s.i.a. **15.0 230 Northwest Avard______... CT63—1154 *16.0 15.0 Texas-RRC Dist. No. 4—14-55 p.s.i.a. . 15.0 Jay Simmons___ __—,. —^ 0-17800 RI64-11...... —. •15.0 160 Texas-RRC Dist. No. 9—14-65 p.s.i.a. _ 1625 , **14.5 150 Wise County Area. G-15148 1 4 RI61-260____ -__ *13.25 0-4281 1 6 R.TR4-347 _____ ------— ^ •In itial rate.' ■ ' ■ : ~ ^ ••Rate subject to upward B.t.u. adjustment.. Certificate, with respect to the proceedings. & £ . B,t.u. adjustment provision, shall be subject to ultimate disposition in Docket 3 Applicable'only to acreage added by Supplement No. 4. _ ,ower r8te ap No. R-2Ô0, prospectively, from effective date of final order in Docket No. R-200. J Higher rate shown applicable to gas sold in Oklahoma Panhanoie, •••The Settlement rates set out herein, Unless otherwise noted, are base rates, sub, plicable to gas sold in Oklahoma-Other. ject to reductions in the manner and in the amounts set out in the respective rate 4 Applicable only to acreage-added by Supplement No. 4. schedules where applicable under conditions of sale and/or delivery. I A nrvlinn'Klo nnlir tn ooroorrn VllT finDnlfiTYlP.Tlt NO. Xv* Wednesday, February 10, 1965 FEDERAL REGISTER 1893

A p p e n d i x C—S u n b a y DX O i l Co. herein. Long Island Lighting Co., inter­

D o c k e t N o s . G - 6 8 2 2 e t a l . vener herein, indicated its opposition to this motion by filing dated February 1, Dockets in AR61-2 Dockets in AR64-1 Dockets in AR64-2 1965. y Docket No. RI63-212 was initiated by R.S. No. Docket No. R.S. No. Docket No. R.S. No. the Commission on December 5, 1962, Docket No. pursuant to the provisions of section 5(a) 13 0-11992...... 114 0-13470...... 17 of the Natural Gas Act, to determine the 132 G-14931...... 58 0-13586...... 45 justness and reasonableness of Jupiter’s 132 0-14931...... 65 0-17078...... 5 rates. After a long period of negotiation 215 (77) G-15177...... 135 0-17078 ____ 6 13 \Q-16317...... 165 0-17284...... -. 37 on the staff level had failed to resolve 216 (108) 0-17316...... 57 0-19905...... 175 (4) the rate questions presented, the docket 178 0-17316...... 73 0-19988...... 3 132 0-17316...... 111 0-19988...... 75 was consolidated for hearing by order of 186 (54) 0-17524...... 116 0-20000...... 1 October 30, 1964 with the application in 132 0-17880...... 135 0-20000...... 72 178 0-17880-...... - 162 0-20000...... 74 Docket No. CP65-58 by Tennessee Gas 215 (77) 0-17881...... 165 RI60-303...... 1 Transmission Co. (Tennessee) to lease 216 (108) 0-17883...... 102 RI60-303...... 72 the facilities owned and operated by 132 0-18097...... 170 RI60-303...... 74 RI60-303— ...... 175 Jupiter, which are the subject of the rate 178 0-18173...... 174 (107) RI60-304-...... 3 proceeding. The order provided for the RT63-Ö1 132 0-18891______180 (90) RI60-304...... - 75 RTfi3-Ql 178 0-20062...... 134 RI62-32...... 17 service of evidence by the Commission 0-20062...... 120 RI62-196...... 20 staff, Tennessee Gas Transmission Co. RI60-125...... 119 RI62-196...... 53 RI60-125...... 182 RI63-164...... 45 (Tennessee), Jupiter, and the various in­ RI63-351...... 20 terveners. Upon motion by Tennessee, RI63-351...... 53 these dates were extended for a pèriod RI63-385...... 190 RI60-131....1...... 135 RI64-11...... 185 of two weeks. The Commission staff and RI60-131...... 162 RI64-11...... 201 Tennessee served their evidence on De­ RI60-131...... 165 RI64-349...... 5 RT60-131 170 RI64-428 . 37 cember 8, 1964. RI61-117...... 164 On December 16, 1964, Jupiter filed RI61-119...... 112 RI61-119...... 152 with the Commission a motion to ter­ RI61-356...... 135 minate these proceedings, and a motion RI61-360...... 162 RI61-360...... 165 for extension of filing dates. Jupiter re­ RI61-360...... 170 quested that the time for the filing of its RI61-498______117 RI62-175...... 153 evidence be extended from January 6, RI62-178...... 123 1965 to February 15, 1965, in view of its RI62-178...... 129 pending motion to terminate. By Notice RI62-178...... 145 RI62-178...... 2 152 of the Secretary dated December 29,1964, RI62-178...... 118 the time for filing Jupiter’s evidence was RI62-325...... 135 RI62-325...... 162 extended to January 21,1965. RI62-325...... 165 On January 8,1965, Jupiter filed a sec­ RI62-325...... 170 RI62-455...... 163 ond motion for continuance requesting RI62-502...... 138 that the date for serving its evidence be RI62-519______141 RI62-519...... 155 continued until the Commission had RI63-38______167 ruled upon its motion to terminate, and RI63-51...... 143 RI63-57-...... 114 the following pleadings also filed on Jan­ RI63-202...... 174 (107) uary 8, 1965: Petition for Declaratory RI63-202...... 180(90) Order and Motion to Dismiss Proceed­ RI63-341...... 135 RI63-341______162 ings in Docket No. RI63-212, Alternative RI63-341...... 165 Motion to Sever and to Stay Proceedings, RI63-341______170 RI63-436______166 and a Motion for Oral Argument on these 193 and its Motion to Terminate. By Notice RI64-66______167 RI64-326...... 57 of the Secretary dated January 18, 1965, RI64-326______73 Jupiter’s date for service of its evidence RI64-326...... 102 RI64-347...... 111 was extended from January 21, 1965 to RI64-347...... 150 February 4, 1965. On that same date, ' RI64-440...... 116 the Commission issued an order denying RI64-440______212 RI64-597...... 177 Jupiter’s motion to terminate the RI64-617...... 114 proceedings. RI64-617-...... 135 RI64-617...... 162 In its third and latest motion for con­ RI64-617...... 165 tinuance filed January 26, 1965, Jupiter RI64-617...... 167 RI64-617...... 170 requests that the procedural dates be RI64-686 184 further continued until the Commis­ sion has ruled on Jupiter’s pending peti­ () Number enclosed In parentheses is rate schedule number th at has been superseded. tion and alternative motion, upon a peti­ *DockrtN^PTfio sales concerned. tion for rehearing of the Commission’s . Kib^-178 terminated except for the interests of Ashland Oil and Refining Co. and Semeca Oil Co. January 18, 1965 order denying Jupiter’s motion to terminate and upon the pend­ CT!0N ^ P r o c eed in g s T o B e S e v e r e d F r o m [Dockets Nos. RI63-212, CP65-58] D ocket N o . G —4281 e t at., ing certificate matters in Union Texas JUPITER CORP. AND TENNESSEE Petroleum, Docket No. G-13221 et al. Docket No. Rate Supplement GAS TRANSMISSION CO. Jupiter contends that the proceedings in schedule No. No. that latter docket relative to the issu­ G-4281 Order Granting Motion for ance of permanent certificates for the G-15148 ...... —- 150 10 Continuance sale of gas by Phillips Petroleum Com- G-11122 ...... —- 150 4 G-14143. — — - 138 2 pany-Kerr-McGee Industries, Inc., to G-16109 ...... * 155 F ebruary 3,1965. Jupiter, and Jupiter’s sale to Tennessee, G-18630...... 163 On January 26,1965, the Jupiter Corp. 0-19051.::-...... 176 is related to the instant proceedings. CI61-1201 ...... 182 (Jupiter), filed its third motion for con­ Jupiter states that it has not prepared 212 tinuance in Docket No. RI63-212 in its evidence in this proceeding because IP-R. Doc. 65-1251; which it requests the Commission to con­ it is convinced that, in view of its con­ Filed, Feb. 9, 1965; tinue all procedural dates, including the 8:45 tentions in the aforesaid pleadings and a.m .] date for the service of Jupiter’s evidence the pending matters in Docket No. G- 1894 NOTICES 13221 et al., it should not, and will not, the executive agencies of the Federal be forced to go to the very substantial Government in the Matter of Investiga­ INTERAGENCY TEXTILE expenditure of time, effort ahd monies tion of Gulf Power Company, Earnings involved in such preparation. and Electric Rates, Florida Public Utili­ ADMINISTRATIVE COMMITTEE The date for service of Jupiter's evi­ ties Commission Docket No. 7763-EU. dence in these proceedings , has been ex­ b. The Secretary of Defense may re­ CERTAIN COTTON TEXTILES AND tended three times. In our order deny­ delegate this authority to any officer, of­ COTTON TEXTILE PRODUCTS PRO­ ing Jupiter’s Motion to Terminate, issued ficial, or employee of the Department of DUCED OR MANUFACTURED IN the same date as we granted the last ex­ Defense. REPUBLIC OF CHINA tension, we explicitly stated that these c. This authority shall be exercised in proceedings should be expedited in ac­ accordance with the policies, procedures, Entry and Withdrawal from cordance with the procedures for formal and controls prescribed by the General Warehouse hearing provided in our order issued Oc­ Services Administration, and further, tober 30, 1964. We do not believe that shall be exercised in cooperation with F ebruary 4, 1965. any justification exists for postponing the responsible officers, officials, and em­ By an exchange of notes dated Janu­ and re-postponing Jupiter’s filing of its ployees of the General Services Admin­ ary 13, 1965, amending the bilateral cot­ evidence while we consider a series of istration. ton textile agreement of October 1963, belated motions or petitions for recon­ 3. Effective date. This regulation is the United States and the Republic of sideration of denials of motion which effective January 5,1965. China have agreed to increase to 105,000 Jupiter may wish to file; the additional 4. Expiration date. Unless sooner re­ dozen the quantity of cotton briefs and expense to which Jupiter might be put to voked, this regulation expires with termi­ undershorts in Category 57 which may should action on one of these motions nation of the subject proceeding. be entered into the United States for result in mooting the hearing is, we are consumption and withdrawn from ware­ convinced, more than outweighed by the Dated: February 2,1965. house for consumption during the 12- delay in bringing this 5(a) proceeding to Lawson B. K nott, Jr., month period beginning October 1,1964 a posture in which we could grant appro­ Acting Administrator and extending through September 30, priate relief to the gas consumers in­ of General Services. 1965. volved. Accordingly, we do not expect to This exchange of notes also provides extend further the short additional pe­ [FJt. Doc. 65-1379; Filed, Feb. 9, 1965; that goods in Category 57, produced or riod we are here granting to permit Jupi­ 8:45 a.m.] manufactured in the Republic of China ter to prepare its case, irrespective of and exported from the Republic of Chi­ whether there are motions or petitions na to the United States prior to October pending before us at the end of such [Temporary Reg. No. F—4] 1,1964, which are currently in the United period. States in a bonded warehouse, a general The Commission orders; SECRETARY OF DEFENSE order warehouse or a foreign trade zone, will be entered for consumption into the (A) The time within _ which Jupiter Delegation of Authority shall serve its prepared testimony and United States and withdrawn from ware­ 1. Purpose. This regulation delegates house for consumption without being exhibits upon all parties is extended to, charged against the new ceiling desig­ and including, February 15, 1965. authority to the Secretary of Defense to represent the customer interest of the nated in Category 57. (B) The time within which those in­ There is published below a directive of terveners, who so desire, may serve pro­ Federal Government in a utility rate February 4, 1965, from the Chairman, posed testimony and exhibits upon all proceeding. President’s Cabinet Textile Advisory parties is hereby extended to, and includ­ 2. Delegation, a. Pursuant to the au­ Committee to the Commissioner of Cus­ ing March 1,1965. thority vested in me by the Federal Prop­ toms amending and supplementing a (C) The pre-hearing conference pres­ erty and Administrative Services Act of previous directive of September 28,1964 ently scheduled to commence in these 1949, 63 Stat. 377, as amended, particu­ concerning cotton textile produced or proceedings on February 23,1965 is here­ larly sections 201(a) (4) and 205 (d), (e), manufactured in the Republic of China, by continued to March 9, 1965. authority is delegated to the Secretary of to implement the aforementioned provi­ Defense to represent the interests of the sions contained in the exchange of notes By the Commission. executive agencies of the Federal Gov­ of January 13,1965. ernment In the Matter of Investigation Interested parties should contact the [seal! J oseph H. G utride, appropriate Customs officers as soon as Secretary. of Tampa Electric Company, Earnings and Electric Rates, before the Florida possible concerning the admissibility of [F.R. Doc. 65-1407; Filed, Feb. 9, 1965; Public Utilities Commission. their goods. 8:46 a.m.] .. James S. Love, Jr., b. The Secretary of Defense may re­ Chairman, Interagency Textile delegate this authority to any officer, of­ Administrative Committee, ficial, or employee of the Department of and Deputy to the Secretary Defense. of Commerce. GENERAL SERVICES ADMINIS­ c. This authority shall be exercised in accordance with the policies, pro­ T he Secretary of Commerce TRATION president’s cabinet textile advisory cedures, and controls prescribed by the COMMITTEE [Temporary Reg. No. F-3] General Services Administration, and Washington 25, D C. further, shall be exercised in coopera­ F ebruary 4,1965. SECRETARY OF DEFENSE tion with the responsible officers, officials, Commissioner of Custom s, Delegation of Authority and employees of the General Services department of t h e treasury, Administration. Washington, D.C. 1. Purpose. This regulation delegates 3. Effective date. This regulation is D ear Mr. Commissioner: This directive authority to the Secretary of Defense to effective January 5,1955. supplements and amends retroactiv y . f represent the customer interest of the 4. Expiration date. Unless sooner re­ October 1, 1964, the directive of Federal Government in a utility rate pro­ voked, this regulation expires with 28,1964from the Chairman of thePresi en Cabinet Textile Advisory ceeding. termination of the subject proceeding. directed you to prohibit the entry 2. Delegation, a. Pursuant to the au­ Dated: February 2,1965. United States for consumption ana q{ thority vested in me by the Federal prop­ drawal from warehouse for textile erty and Administrative Services Act of Lawson B. Knott, Jr., certain cotton textiles and , the products produced or f ^ J g * * * i n Cate- 1949, 63 Stat. 377, as amended, particu­ Acting Administrator Republic of China, including fcose i ^ larly sections 201(a) (4) and 205 (d), (e), ^ of General Services. gory 57, in excess of designated levels authority is delegated to the Secretary [F.R. Doc. 65-1380; Kled, Feb. 9, 1965; twelve month period beginning on of Defense to represent the interests of 8:45 a.m.] Wednesday, February 10, 1965 FEDERAL REGISTER 1895 Effective as soon as possible, the twelve Committee to the Commissioner of Cus­ In carrying out this directive, cotton tex­ month level of restraint and the corrected toms directing that the amounts of tiles and cotton textile products In Cate­ level of restraint designated in this afore­ cotton textiles and cotton textile prod­ gories 9, 18-19, 26, and 52, produced or manu­ mentioned directive for imports of cotton factured in Korea and exported from Korea textile products in Category 57 are each in­ ucts in the aforementioned categories to the United States prior to January 1, 1965, creased retroactively to 105,000 dozen. produced or manufactured in the Repub­ which have been or may be entered into the You shall permit entry into the United lic of Korea which may be entered, or United States for consumption or withdrawn States for consumption and withdrawal from withdrawn from warehouse for consump­ from warehouse for consumption on or after warehouse for consumption of any cotton tion in the United States from January January 1, 1965, will not be charged against textile products in Category 57 produced or 1, 1965, through December 31, 1965, be the corrected levels of restraint designated manufactured in the Republic of China and limited to certain designated levels. The under this directive to the extent of the exported from the Republic of China to the balances which remained unfilled on Decem­ United States prior to October 1, 1964, which levels set forth in this letter are those ber 31, 1964, under the respective levels of are currently in the United States in a designated under the bilateral agree­ restraint in effect on that date, but any bonded warehouse, a general order warehouse ment for the first calendar year with entries in excess thereof will be so charged. or a foreign trade zone and such entries are certain adjustments. Cotton textiles and cotton textile prod­ not to be counted against the amended level ucts in Categories 22, 45, 46, 50, 51, 54 and designated for Category 57, even if not filled J ames S. Love, Jr., 60, produced or manufactured in Korea at the time of entry. • Chairman, Interagency Textile which have been or may be entered into the Category 57 includes the following Administrative Committee, United States for consumption or withdrawn T.S.U.S.A. numbers: 378.1016, 378.1034, 378.- and Deputy to the Secretary from warehouse for consumption on or after 1516, 378.1534, 378.2012,. and 378.2512. of Commerce. January 1, 1965, will be charged against the In carrying out the above directions entry T h e Secretary of Commerce corrected levels of restraint designated under into the United States for consumption shall this directive regardless of the date on which be construed to include entry for consump­ PRESIDENT’S CABINET TEXTILE ADVISORY tion into the Commonwealth of Puerto Rico. COMMITTEE -these were exported from Korea to the The actions taken with respect to the Gov­ United States. Washington 25, D.C. Cotton textiles and cotton textile products ernment of the Republic of China and with F ebruary 4,1965. respect to imports of cotton textile products in Categories 31 (T.S.U.S.A. No. 366.2740), 34, from the Republic of China have been deter­ Commissioner of Customs, 48, 49 and 64 (T.S.U.S.A. Nos. 366.4500, department of the treasury, mined by the President’s Cabinet Textile Washington, D.C. 366.4600, 366.4700 and 347.3340), produced or Advisory Committee to involve foreign af­ manufactured in Korea and exported from fairs functions of the United States. There­ D ear Mr . Commissioner : Effective as soon as possible this directive supersedes all pre­ Korea to the United States prior to January fore, the directions to the Commissioner of 1, 1965, are not subject to the directives set Customs, being necessary to the implementa­ vious directives issued to you concerning tion of such actions, fall within the. foreign entry into the United States for consump­ forth in this letter. You will permit their affairs exception to the notice provisions of tion and withdrawal from warehouse for entry for consumption into the United section 4 of the Administrative Procedure consumption of cotton textiles and cotton States and withdrawal from warehouse for Act. This letter will be published in the textile products produced or manufactured consumption, regardless of whether the cor­ Federal Register. in Korea...... rected levels of restraint designated under Sincerely yours, Under the terms of the Long Term Ar­ rangement Regarding International Trade this directive have been filled and such goods J o h n T. Connor, ip Cotton Textiles done at Geneva on Febru­ are not to be charged against these cor­ Secretary of Commerce, and Chair­ ary 9, 1962, and in accordance with the .pro­ rected levels, if not filled at the time of man, President’s Cabinet Textile cedures outlined in Executive Order 11052 of entry. • Advisory Committee. September 28, 1962, you are directed to pro­ . All cotton textiles and cotton textile prod­ [F.R. Doc. 65-1439; Piled, Feb. 9, 1965; hibit effective as soon as possible, and for ucts in the categories or parts of categories 8:48 a.m.] the period extending through December 31, for which corrected levels are designated 1965, entry into the United States for con­ under this directive, produced or manufac­ sumption, and withdrawal from warehouse tured in Korea and exported from Korea to for consumption of cotton textiles and the United States on or after January 1, CERTAIN COTTON TEXTILES AND cotton textile products in Categories 9, 18- COTTON TEXTILE PRODUCTS PRO­ 19, 22, part of 26 (duck only), part of 26 1965, will be charged against these corrected levels even though entered into the United DUCED OR MANUFACTURED IN (other than duck), part of 31 (T.S.U.S.A. No. 366.2740 only), 34, 45, 46, 48, 49, 50, 51, 52, States for consumption or withdrawn from KOREA 54, 60, part of 64 (T.S.U.S.A. Nos. 366.4500, warehouse for consumption prior to the Limitation of Exports 366.4600 and 366.4700 only) and part of 64 effective date of this directive. (T.S.U.S.A. No. 347.3340 only), produced or A detailed description of the above men­ F ebruary 4 ,1965, manufactured in the Republic of Korea in tioned categories in terms of T.S.U.S.A. num­ excess of the following corrected levels of bers was published in the F ederal R egister On January 26, 1965, the U.S. Goven restraint: . Kent, in furtherance of the objectives c on October 1, 1963 (2 8 ’F.R. 10551), and and under the terms, of, the long ter amendments thereto on March 24, 1964 (29 Category lS-month level Corrected level1 F.R.3679). arrangement regarding internation ' of restraint of restraint cotton textiles done at Gene1 In carrying out the above directions, entry into the United States for consumption shall n February 9,1962, concluded a bilater 9....J ...... 2,000,000 sq. yds. 2,000,000 sq. yds. agreement with the Government of tl 18-19...... — - 1,500,000 sq. yds. 1,500,000 sq. yds. be-construed to include entry for consump­ 22— ...... 525,000 sq. yds.. 433,080 sq. yds. tion into the Commonwealth of Puerto Rico. o n ffT 5 ^ orea concerning exports 26 (duck only) 2... 9,750,000 sq. yds. 9,750,000 sq. yds. The actions taken with respect to the cotton textiles from Korea to the Uniti 26 (other than 750,000 sq. yds.. 750,000 sq. yds. states over a 3-year period. Under th duck). Government of the Republic of Korea and 31—(T.S.U.S.A. 862,100 pcs____ 862,100 pcs. with respect to imports of cotton textiles im rw e,nt the RePUblic of Korea h No. 366.2740 80,645 pcs...... 80,645 pcs. and cotton textile products from the Republic « - t o limit its exports to tl only) 34. 45______26,500 doz. of Korea have been determined by the Presi­ of certain cotton textil 46 20,519 doz. dent’s Cabinet Textile Advisory Committee 48______10.000 doz. anmm?tt0n textile Products to specifii 49 15.000 doz. to involve foreign affairs functions of the 2 amounts. The first year of t] 50______... 38,000 doz...... 34,901 doz. United States. Therefore, the directions to S fif ^ commenced on January 51. . 45,536 doz. the Commissioner of Customs, being neces­ 52 . 25.000 doz. 1965’ mu exte? ds through December 2 54______29,650 doz. sary to the implementation of such actions, to 6 categories which are subje 60 . 15,075 doz. fall within the foreign affairs exception to the 64—(T.S.U.S.A. 365,000 lbs...... 365.000 lbs. . « * ¡ 2 exP°rt limitation under ti Nos. 366.4500, notice provisions of section 4 of the Adminis­ p£t of rei M follows 9, 18-19, 5 366.4600 and trative Procedure Act. This letter will be 366.4700 only). published in the F ederal R egister. than riun^dUCk only) ’ ^ 't s of 26 (oth 64—(T.S.U.S.A. 50,000 lbs...... 50,000 lbs. only) odck, ’ Parts of 31 (wiping clo No. 347.3340 Sincerely yours, only). Parts' 2* 46’ 48’ 49’ 50, 51, 52, 54, f J o h n T. Conn o r, onlvi nnri 64 tablecloths and napki; Secretary of Commerce, and Chair­ ThPv d-Parts of 64 (ziPPer tapes only 1 These levels have not been adjusted to reflect entries man, President’s Cabinet. Textile made on or after Jan.T, 1965 if any. Advisory Committee. Pebrn^ ' a P? lished below a letter 2 T.S.U.S.A. Nos. 320—01 through 04, 06, 08; 321—01 through 04, 06, 08; 322—01 through 04, 06, 08; 326—01 thp p r ^ 4, ; 965’ from the Chairman through 04,06,08; 327—01 through 04,06,08; and 328—01 [F.R. Doc. 65-1440; Filed, Feb. 9, 1965; President’s Cabinet Textile Adviso through 04, 06, 08. 8:48 a.m.] No. 27___o 1896 NOTICES Road NE„ Atlanta, Ga., 30326, a regis­ to the end of 1965 through the sales of HOUSING AND HOME tered holding company, and its subsidiary long term securities, subject to approval companies, Alabama Power Co. (“Ala­ of the Commission. Lists of the lending HNANCE AGENCY bama”) , Georgia Power Co. (“Georgia”) , banks, setting forth the maximum Gulf Power Co. (“Gulf”) , and Mississippi amounts to be borrowed from each, are Public Housing Administration Power Co. (“Mississippi”) , have filed a to be filed by amendment to the joint DESCRIPTION OF AGENCY AND joint application-declaration with this application-declaration. Commission pursuant to the Public Util­ Gulf, Mississippi, Alabama, and PROGRAM ity Holding Company Act of 1935 Georgia will apply the proceeds from Section I, Description of Agency and (“Act”), designating sections 6(a), 6(b), their proposed sales of additional shares Program, is amended by changing para­ 7, 9(a), 10, and 12(f) of the Act and Rule of common stock and, in the case of Gulf graphs Cl, C3, and C4 to read as follows: 43 promulgated thereunder as applicable and Mississippi, from their proposed sales Cl. The PHA is headed by a Public to the proposed transactions. All inter­ of notes, to finance their respective 1965 Housing Commissioner appointed by the ested persons are referred to the joint construction programs. Their total con­ President by and with the advice and application-declaration, on file at the of­ struction expenditures for 1965 are esti­ consent of the Senate. The Commis­ fice of the Commission, for a statement of mated as follows: Alabama, $91,688,000; sioner’s principal staff members are the transactions proposed therein which Georgia, $81,607,000; Gulf, $14,047,000; enumerated below. The Commissioner are summarized below. and Mississippi, $27,897,000. also has a small staff in her immediate Southern proposes to issue, from time It is further stated that the proposed office which is responsible for the liaison to time in 1965, its unsecured promissory issuances and sales of common stock by notes to a group of banks in an aggregate Alabama and Georgia require express au­ activities of the PHA with the Congress, amount of up to $25,000,000. The notes thorization by the State commission of coordinating the handling of Congres­ will be dated when issued, will mature not the State in which each company is sional communications, and related more than 2 years after the date of the organized and doing business; that the activity. initial issuance, and will bear interest at issuance and sale by Gulf of its common C3. The General Counsel is the chief the prime rate (currently 4 y2 percent per stock and promissory notes must be ex­ law officer of the PHA, responsible for annum) on the date of issue. Southern pressly authorized by the Florida Public providing legal counsel, assistance, and may prepay the notes, in whole or in part, Utilities Commission; and that no other services in the formulation and develop­ without penalty or premium. A list of State commission and no Federal com­ ment of PHA policies and programs, and the lending banks, setting forth the mission, other than this Commission, has in connection with litigation, Federal and maximum amount to be borrowed from jurisdiction over the proposed trans­ State legislation, executive orders and each, is to be filed by amendment. actions. other actions, public regulations, and Southern proposes to use the proceeds Fees and expenses incident to the pro­ legal instruments. He is also responsible of such notes, together with treasury posed transactions are estimated at for matters relating to financing of low- funds in the estimated amount of $5,500,- $2,000 for Southern, $6,700 for Alabama, rent housing. The Legal Division, which 000, to acquire, from time to time in $4,200 for Georgia, $3,800 for Gulf, and he heads, consists of following branches: 1965, additional shares of common stock $2,000 for Mississippi. a. Operations and Financing; (without par value) of the following sub­ Notice is further given that any in­ b. Opinions, Legislation, and Adminis­ sidiary companies, which propose to issue terested person may, not later than tration. and sell such shares: March 1, 1965, request in writing that a C4. The Assistant Commissioner for hearing be held on such matter, stating Administration is responsible for mat­ Number of Price the nature of his interest, the reasons ters relating to administrative manage­ shares for such request, and the issues of fact ment, including organization planning, or law raised by said joint application- budget and personnel administration, ac­ Alabama______140,000 $14,000,000 declaration which he desires to contro­ counting and fiscal management, direc­ Georgia______95.000 9,500,000 Gulf...... 30.000 3.000. vert; 000 or he may request that he be noti­ tives management, machine data proc­ Mississippi______40.000 4.000. fied 000 if the Commission should order a essing services, the procurement and Total______hearing thereon. Any such request management of administrative property, 30,500,000 should be addressed: Secretary, Se­ and general office services. The Admin­ curities and Exchange Commission, istration Division, which he heads, con­ The filing states that Southern pres­ Washington, D.C., 20549. A copy of such sists of the following branches: ently intends to pay the principal of its request should be served personally or a. Administrative Planning; proposed notes, at or before maturity, by mail (air mail if the person being b. Budget; out of the proceeds of the sale of addi­ served is located more than 500 miles c. Fiscal; tional shares of its common stock in from the point of mailing) upon the d. Machine Data Processing ; 1967, which will be the subject of a e. Office Services; applicants-declarants at the above- later filing with this Commission. The stated address, and proof of service (by f. Personnel. most recent sale of common stock by M arie C. M cG uire, affidavit or, in case of an attorney at law, Commissioner. Southern was made in February 1964, at by certificate) should be filed contem­ which time 510,000 shares were sold to Approved: February 3, 1965. poraneously with the request. At any underwriters for $27,522,150. time after said date, the joint applica­ [F.R. Doc. 65-1409; Filed, Feb. 9, 1965; Gulf and Mississippi propose to issue, tion-declaration, as filed or as it may be 8:46 am.] from time to time prior to November 1, amended, may be granted and permitted 1965, unsecured promissory notes to a to become effective as provided in Rule 23 number of banks in an aggregate amount of the general rules and regulations pro­ SECURITIES AND EXCHANGE for each company of up to $10,000,000. mulgated under the Act or the Commis­ Included within the respective amounts sion may grant exemption from such COMMISSION of $10,000,000 are the notes which each rules as provided in Rules 20(a) and 100 [File No. 70-4251] company may issue pursuant to the 5 thereof or take such other action as i percent exemptive provision of section may deem appropriate. ALABAMA POWER CO. ET AL. 6(b) of the Act. The notes will be dated For the Commission (pursuant to dele­ Notice of Proposed Issuance in each case on the date of issue and will mature not more than 9 months there­ gated authority). of Notes after. The notes of Gulf and Mississippi [seal] Orval L. DuBois, Secretary. F ebruary 4,1965. will bear interest at the prime rate in Notice is hereby given that the South­ effect on the date of issue. It is intended [F.R. Doc. 65-1403; Filed, Feb. 9, 1965. ern Co. (“Southern”), 3390 Peachtree that all of such notes will be paid prior 8:46 a.m.] Wednesday, February 10, 1965 FEDERAL REGISTER 1897 [Pile No. 54-237] see’s common stock determined as of the shares of the common stock of Pavilion close of business on a date (“record of the par value of $13.20 each, and as a GENESEE VALLEY GAS CO., INC. date”) to be fixed by the board of direc­ result thereof the acquisition by such Order Approving Plan and Fixing tors of Genesee. Genesee will cause to holders of the shares of the common be registered in the names of such record stock of Pavilion so distributed. Time for Filing Applications holders the shares of stock of Pavilion It is further ordered, That jurisdiction F ebruary 3, 1965.. to which they shall be entitled, and will is specifically reserved with respect to Genesee Valley Gas Co.. Inc. (“Gene­ cause such shares to be delivered to said the entering of such further orders and see”) , Geneseo. N.Y., a registered holding record holders. Any certificates for the taking of such further action as the company, has filed an application and Pavilion shares of stock which for any Commission may deem necessary or ap­ amendments thereto for approval of a reason cannot be then delivered will be propriate to effectuate the requirements plan pursuant to section 11(e) of the held by Pavilion for subsequent delivery of section 11(b) of the Act. Public Utility Holding Company Act of to the persons in whose names the stock It is further ordered, That all persons 1935 (“Act”) for the stated purpose of evidenced thereby is registered. Pavilion who expect to apply for an allowance simplifying the holding-company system has consented in writing to those pro­ of fees and expenses in conection with of which Genesee is a part. In brief the visions of the plan which require any the plan, the transactions incident to the plan, described below, provides for the action by it in connection with the con­ consummation thereof, and the proceed­ pro rata distribution by Genesee to its summation of the plan. Genesee will ing pertaining thereto, shall file their re­ stockholders of the common stock of the pay such fees and expenses incurred in spective applications for such allov.7ances Pavilion Natural Gas Co. (“Pavilion”). connection with the plan as the Commis­ within 30 days from the date hereof. Genesee, a New York corporation, is sion shall approve. By the Commission. solely a holding company. It has one Genesee has requested that any order direct subsidiary company, Pavilion, approving the proposed plan include ap­ [SEAL] ORVAL L. DUBOIS, which is a gas utility company and an propriate tax recitals to meet the re­ Secretary. exempt holding company having one quirements of section 4382 and part VI [F.R. Doc. 65-1404; Filed, Feb. 9, 1965; subsidiary company, Valley Gas Corp. of subchapter O of chapter I of subtitle 8:46 a.m.] (“Valley”). Pavilion and Valley, both A of the Internal Revenue Code of 1954, New York corporations, are engaged in as amended. the distribution of natural gas in western No State commission and no Federal [File No. 24B—1378] New York State. commission, other than this Commission, MASER-OPTICS, INC. Genesee’s sole outstanding securities has jurisdiction with respect to the plan consist of 22,655 shares of $1 par value or the transactions incident thereto. Order Temporarily Suspending Ex­ common stock, held by 39 stockholders; Due notice and the opportunity to be emption, Statement of Reasons its only substantial asset consists of heard having been given (Holding Com­ Therefore, and Notice of Opportu­ Pavilion’s outstanding common stock; pany Act Release No. 15173) and no and its income is derived solely from hearing having been requested of or or­ nity for Hearing dividends received from Pavilion. At dered by the Commission; and F ebruary 4,1965. September 30, 1964, Pavilion had out­ The Commission having considered I. Maser-Optics, Inc., a Delaware standing 25,000 shares of $13.20 par value the record and having found the pro­ corporation located at 89 Brighton common stock, all held by Genesee, and posed plan, as amended, necessary to Avenue, Boston, Mass., filed with the $489,000 principal amount of first mort­ effectuate the provisions of section 11 Commission on April 22, 1964, a notifi­ gage bonds, held by insurance companies. (b) (2) of the Act, and fair and equitable cation on Form 1-A and an offering cir­ Valley’s sole outstanding securities con­ to the persons affected thereby and that cular relating to an offering of 50,000 sist of 50 shares of no par value common the other applicable provisions of the shares of its 10 cgnt par value common stock, all held by Pavilion. At Septem­ Act are satisfied: stock at $6 per share for an aggregate ber 30, 1964, the consolidated assets of It is ordered, Pursuant to section 11 offering price of $300,000, for the pur­ Pavilion and Valley, less reserves for de­ (e) of the Act, that the plan and the pose of obtaining an exemption from the preciation, total $1,681,198; for the 12 transactions therein proposed be, and registration requirements of the Securi­ months then ended, their consolidated hereby are, approved, subject to the ties Act of 1933, as amended, pursuant revenues and net income were $1,910,199 terms and provisions contained in rule to the provisions of section 3(b) thereof and $61,258, respectively. 24 under the Act. and regulation A promulgated there­ Formerly, Genesee supervised and fi­ It is further ordered and recited, Pur­ under. Packer, Wilbur & Co., Inc., 39 nanced the operations of its subsidiary suant to section 11(e) and other appli­ Broadway, New York City, agreed to act companies, and the indenture securing cable sections of the Act and the rules as underwriter -on an “all or none best Genesee’s formerly outstanding bonds and regulations promulgated thereunder, efforts basis”. contained provisions which precluded fi­ that the transactions itemized below H. The Commission has reason to be­ nancing by the subsidiary companies proposed in said plan and involved in lieve that: except through Genesee, but these cir­ the consummation thereof, are necessary A. The offering circular contains un­ cumstances no longer exist. Genesee or appropriate to effectuate the provi­ true statements of material facts re­ does not now and will not hereafter serve sions of section 11(b) of the Act, and garding: any useful purpose, and it appears that necessary or appropriate to the integra­ I. The statement concerning the dol­ ns continued existence as a holding com­ tion or simplification of the holding com­ lar amount of backlog for all products pany unduly and unnecessarily compli- pany system of which Genesee, Pavilion as of May 1, 1964: sy t Gene5ee holding-company and Valley are members: 2. The statement concerning the dol­ (1) The surrender by Genesee, as the lar amount of net sales appearing in the Under the proposed plan, Genesee wi owner thereof, to Pavilion for its treasury statement of profit and loss and retained surrender to Pavilion 2,345 shares of tfc at the time and in the manner proposed earnings for the eight months ended tho r s common stock, thereby reducin in section I of said plan of 2,345 shares February 29, 1964: hoi^num^er PaviUon shares of stoc of the common stock of Pavilion of the 3. The statement under the caption S i * G^nesee 22,655, a numbe par value of $13.20 each, and as a result “Use of Proceeds” that $20,000 will be „iT to toe number of outstandin thereof the acquisition by Pavilion for used to reduce a bank loan. ™ s Genesee’s stock. Followin its treasury of the 2,345 shares so sur­ B. The offering circular omits to state m ,ep’ Genesee will distribute tt rendered. material facts necessary in order to make ’, . toares of Pavilion stock to Gen« (2) The distribution by Genesee, as the statements made, in the light of the hoc-8 st°ckholders on a share-for-shai the owner thereof, at the time and in circumstances under which they are *s: ®uch distribution, which will t the manner proposed in section II of said made, not misleading in the following effectuated within 30 days after receii plan, to the holders of record of shares respects: to satisfactory to Genesee, £ of Genesee’s capital stock on a date 1. Failure to disclose the decline in m a,riP+?LC°,nsequences thereof, will t specified by Genesee’s board of directors, open sales order—backlog during May to the holders of record of Gent on a share for share basis, of 22,655 and June of 1964. 1898 NOTICES 2. Failure to disclose the decline in [File No. 70-4253] Consummation of the proposed trans­ net sales during May and June of 1964. MICHIGAN CONSOLIDATED GAS CO. action is subject to approval by a 3. Failure to disclose on its financial three-fifths (%ths) majority vote of the statement amounts due and owing to Notice of Proposed Acquisition of electors of the city voting at a special sales representatives as sales commis­ Utility Assets election for such purpose, scheduled for sions. March 1, 1965. It is stated that no ap­ 4. Failure to disclose that a substan­ F ebruary 4,1965. proval or consent of any regulatory body tial portion of operations included the Notice is hereby given that Michigan other than this Commission is necessary leasing rather than the sale of its product Consolidated Gas Co. (“Michigan Con­ for the consummation of the proposed line and the consequent effect of these solidated”), 1 Woodward Avenue, De­ transaction. leases on its general business, sales and troit, Mich., 48226, a gas utility sub­ The total fees and expenses to be in­ inventory. sidiary company of American Natural curred in connection with the transac­ 5. Failure to disclose that the so-called Gas Co., a registered holding company, tion are estimated at $2,500, consisting laser gun delivered to the Frankford has filed an application with this Com­ of $1,500 reimbursement to the city for Arsenal, was not a weapon and was not mission pursuant to the Public Utility the cost of holding a special election, developed by Maser-Optics. Holding Company Act of 1935 (“Act”) , $500 for fees to counsel, and $500 of mis­ 6. The background description of designating sections 9(a) and 10 of the cellaneous expenses. Harry E. Franks regarding his degree of Act as applicable to the proposed trans­ Notice is further given that any inter­ doctor of philosophy in electrical engi­ action. All interested persons are re­ ested person may, not later than neering. ferred to the application, on file at the February 23, 1965, request in writing 7. Failure to disclose that $50,000 of office of the Commission, for a statement that a hearing be held on such matter, the proceeds were to be used to retire an of the transaction therein proposed stating the nature of his interest, the indebtedness owing to the principal of­ which is summarized below. reasons for such request, and the issues ficer of the company. Michigan Consolidated proposes to ac­ of fact or law raised by said application C. The use of the offering circular op­ quire from the city of Ypsilanti (“city”), which he desires to controvert; or he erated as a fraud and deceit upon the a Michigan municipal corporation, the may request that he be notified if the purchasers in violation of section 17(a) municipally owned gas distribution fa­ Commission should order a hearing of the Securities Act of 1933. cilities located in that city. These facili­ thereon. Any such request should be D. The report of sales on Form 2-A is ties hiave been leased by Michigan addressed: Secretary, Securities and false and misleading in that it omits to Consolidated since July 1, 1948 pursuant Exchange Commission, Washington, state that proceeds from the public offer­ to a lease agreement dated October 24, D.C., 20549. A copy of such request ing were used to retire a $50,000 note 1947. should be served personally or by mail outstanding to an officer. The filing states that under the terms (air mail if the person being served is III. It appearing to the Commissionof the lease, Michigan Consolidated has located more than 500 miles from the that it is in the public interest and for maintained the leased property and point of mailing) upon the applicant at the protection of investors that the ex­ made numerous replacements and addi­ the above-stated address, and proof of emption under regulation A be tempo­ tions thereto, which remain the property service (by affidavit or, in case of an rarily suspended, of the company; and that, as a result, attorney at law, by certificate) should It is ordered, Pursuant to rule 261(a) the present gas distribution system serv­ be filed contemporaneously with the re­ ing the city consists of interconnected quest. At any time after said date, the subparagraphs (2) and (3) of the gen­ and integrated segments of facilities application, as filed or as it may be eral rules and regulations under the Se­ partly owned by Michigan Consolidated amended, may be granted as provided in curities Act of 1933, as amended, that and partly leased from the city. The rule 23 of the general rules and regu­ the exemption under regulation A be, and proposed acquisition involves approxi­ lations promulgated under the Act or it hereby is, temporarily suspended. mately 39 miles of various size gas the Commission may grant exemption Notice is hereby given that any person mains, 2,439 gas service installations, from such rules as provided in rules having any interest in the matter may 2,883 gas meters, all regulators, valves, 20(a) and 100 thereof or take such other file with the Secretary of the Commis­ vaults, manholes, services, house regu­ action as it may deem appropriate. sion a written request for hearing within lators and appurtenances, remaining in 30 days after the entry of this order; For the Commission (pursuant to service at the date of purchase, and all delegated authority). that within 20 days after receipt of such private easements, rights-of-way, lease­ request the Commission will, or at any holds, or other land rights used in the [seal] Orval L. DuBoxs, time upon its own motion may, set the city’s gas distribution system. Secretary. matter down for hearing at a place to be The price to be paid for the leased [F.R. Doc. 65-1406; Filed, Feb. 9, 1965: designated by the Commission, for the properties is $415,000. The filing states 8:46 a.m.] purpose of determining whether this or­ that the purchase price, which was der of suspension should be vacated or mutually agreed upon after extensive negotiations, is based upon the present made permanent, without prejudice, fair value of the city-owned facilities TAX COURT OF THE UNITED however, to the consideration and pres­ plus the lease rentals due the city for entation of additional matters at the the unexpired term of the existing lease, STATES hearing; that, if no hearing is requested less, among other things, an allowance [Administrative Order No. 104 (Rev.) ] and none is ordered by the Commission, for depreciation. The existing lease ex­ this order shall become permanent on pires July 1, 1968, and the rental there­ SPECIAL DIVISION OF THE COURT the 30th day after its entry and shall under is $40,000 per annum. The filing Designation remain in effect unless or until it is modi­ states further that the original cost of the properties to be acquired is not From and after the date hereof, the fied or vacated by the Commission; and pecial Division of the Court for reJ that notice of the time and place for any known but that, based on data available : determinations and redeterminations hearing will promptly be given by the in the city’s records, such original cost y any division of the Court involv Commission. is estimated at approximately $300,000; ny question arising under section 'll and that, subsequent to acquisition of By the Commission. i) (C) or section 722 of the Int the assets proposed to be acquired, .evenue Code of 1939, as amended, pur [seal] O rval L. DtjBois, Michigan Consolidated will file acquisi­ lant to authority contained iff ® * Secretary. tion accounting entries with the Mich­ 12(d) of the Internal Revenue Code ^ [F.R. Doc. 65-1405; Filed, Feb. 9, 1965; igan Public Service Commission for 939, as amended, is constituted as 8:46 a.m.} approval thereof. Wednesday, February 10, 1965 FEDERAL REGISTER 1899

Judges Tietjens, Raum, and Drennen, F.D. No. 23483. By application filed [Notice 339] and where a case involving a question January 29, 1965, Piedmont and North­ MOTOR CARRIER ALTERNATE ROUTE arising under section 721(a)(2)(C) or ern Railway Company, Power Building, section 722 has been assigned to another 422 South Church Street, Charlotte, N.C., DEVIATION NOTICES judge of the Court, then that judge shall, 28202, seeks authority under Section 20a F ebruary 5, 1965. for the purpose of that case, be a member of the Interstate Commerce Act to issue The following letter-notices of pro­ of the Special Division; Provided, how­ 300.000 shares of common stock, without posals to operate over deviation routes ever, That any three members shall con­ nominal or par value for the purpose of for operating convenience only have stitute the Special Division. exchanging 3 such shares for each of the been filed with the Interstate Commerce Effective February 1,1965. 100.000 shares of presently issued com­ Commission, under the Commission’s mon stock of $100 par value, to reflect deviation rules revised, 1957 (49 CFR [seal] N orman O. Tietjens, the reclassification of its common shares Chief Judge. 211.1(c)(8)) and notice thereof to all from $100 par to no par. Applicant’s interested persons is hereby given as February 4,1965. attorneys: Carl Horn, Jr., G.C., and Wil­ provided in such rules (49 CFR 211.1 [F.R. Doc. 65-1410; Filed, Feb. 9, 1965; liam H. Grigg, A.G.C., 422 South Church (d)(4)). 8:46 a.m.] Street, Charlotte, N.C., 23202, and John Protests against the use of any pro­ F. Donelan, Esq., Pope, Ballard & Loos, posed deviation route herein described Brawner Building, 888 17th Street NW., may be filed with the Interstate Com­ Washington, D.C., 20006. Protests must merce Commission in the manner and INTERSTATE COMMERCE be filed no later than 15 days from date form provided in such rules (49 CFR of publication in the F ederal R egister. F.D. No. 23486. By application filed 211.1(e)) at any time, but will not oper­ COMMISSION January 29, 1965, the Texas and Pacific ate to stay commencement of the pro­ [Notice No. 16] posed operations unless filed within 30 Railway Company seeks authority under days from the date of publication. FINANCE APPLICATIONS Section 20a of the Interstate Commerce Act to increase its capital stock from Successively filed letter-notices of the F ebruary 5, 1965. $44,546,400 to an amount not to exceed same carrier under the Commission’s The following publications are gov­ $46,773,800 and to issue stock as a divi­ deviation rules revised, 1957, will be erned by the Interstate Commerce Com­ dend upon its outstanding common cap­ numbered consecutively for convenience mission’s General Requirements govern­ ital stock to stockholders of record, on in identification and protests if any ing notice of filing of applications un­ the basis of one (1) $100 par value share should refer to such letter-notices by der sections 20a except (12) and 214 of stock for each 20 shares held. Appli­ number. of the Interstate Commerce Act. The cant’s attorney: William R. McDowell, Motor Carriers of P roperty Commission’s order of May 20,1964, pro­ Vice President and General Counsel, 900 No. MC 41432 (Deviation No. 2), viding for such publication of notice, Fidelity Union Tower, 1507 Pacific Ave­ EAST TEXAS MOTOR FREIGHT was published in the F ederal R egister nue, Dallas, Tex., 75201. Protests must LINES, INC., Post Office Box 26040, 623 issue of .July 31,1964 (29 F.R. 11126) and be filed no later than 15 days from date North ‘Washington Street, Dallas, 26, became effective October 1,1964. of publication in the F ederal R egister. Tex., filed January 25, 1965. Carrier All hearings and prehearing confer­ F.D. No. 23490. By application filed proposes to operate as a common carrier, ences, if any, will be called at 9:30 a.m., February 4, 1965, Atlantic Coast Line by motor vehicle of general commodities, U.S. standard time unless otherwise Railroad Company, 500 Water Street, with certain exceptions, over a deviation specified. Jacksonville, Fla., 32202, seeks authority route as follows: From Little Rock, Ark., F.D. No. 23480. By application filed under section 20a of the Interstate Com­ over U.S. Highway 167 to junction January 27, 1965, the Narragansett Pier merce Act to issue $8,850,000 as the first Louisiana Highway 9, thence over Railroad Company, Inc., seeks authority installment of an aggregate principal Louisiana Highway to junction U.S. under section 20a of the Interstate Com­ amount of not exceeding $17,640,000 of Highway 79, thence over U.S. Highway 79 merce Act to issue ( l ) a promissory note its Serial Equipment Trust Certificates, to junction U.S. Highway 80, and thence in the amount of $12,000 secured by a over U.S. Highway 80 to Shreveport, La., first mortgage on its real estate, and (2) Series W. Applicant’s representatives: F. J. Prinosch, Secretary and Assistant and return over the same route, for oper­ a promissory note in the amount of $15,- ating convenience only. The notice 000 secured by a second mortgage on its Vice President, 220 East 42d Street, New indicates that the carrier is presently real estate and a mortgage and security York, N.Y., 10017 and Leonard G. Ander­ authorized to transport the same com­ interest in all of its tangible and intan­ son, General Solicitor, 500 Water Street, modities over a pertinent service route gible personal property. Applicant’s at­ Jacksonville, Fla., 32202. Protests must as follows: From Little Rock over U.S. torney: Robert E. Tucker, President, c/o be filed no later than 15 days from date Highway 67 to junction U.S. Highway 59, Hinckley, Allen, Salisbury & Parsons, 2200 of publication in the F ederal R egister. thence over U.S. Highway 59 to junction industrial Bank Building, Providence, F.D.,No. 23488. By application filed Texas Highway 77, thence over Texas H.I., 02903. Protests must be filed no February 1, 1965, Northern Pacific Rail­ Highway 77 to junction Louisiana High­ ter than 15 days from date of publica- way Company, Northern Pacific Build­ way 1, thence over Louisiana Highway 1 lloa ln Federal R egister. ing, St. Paul, Minn., 55101, seeks au­ to junction U.S. Highway 71, and thence T ^°- 23481. By application filed over U.S. Highway 71 to Shreveport, and Tr.„ua*Z 1965, Schuster’s Express, thority under section 20a of the Inter­ return over the same route. rCU 48 ,Norwich Avenue, Colchester, state Commerce Act to assume obligation No. MC 41432 (Deviation No. 3), EAST •* ®eeks authority under section 20a and liability in respect of $6,390,000 ag­ TEXAS MOTOR FREIGHT LINES, ”“e interstate Commerce Act to (1) gregate principal amount of Northern INC., Post Office Box 26040, 623 North $4n ne nannPro^ issory note in the amount of Pacific Railway Equipment Trust of 1965, Washington St., Dallas 26, Tex., filed $400’000; (2) issue 58 shares of its com- Serial Equipment Trust Certificates. January 26, 1965. Carrier proposes to Johli St?CkA (3) assume obligations of Applicant’s attorney: Earl F. Requa, Vice operate as a common carrier, by motor amonnft’ ?™bar in the approximate President and General Counsel, North­ vehicle, of general commodities, with assiZ tSOf $?9.’596 and $62,404; and (4) ern Pacific Building, St. Paul, Minn., certain exceptions, over a deviation route Inc mv?Jec,unties of Downing & Perkins, 55101. Protests must be filed no later as follows: From Texarkana, Tex., over U.S. Highway 71 to Shreveport, La., and nev*amouSttoft°$32e8 <5 XT *328,04°. 04nd Applicant’sa ^ principal atto r- than 15 days from date of publication in return over the same route, for operat­ the F ederal R egister. InvestmPnfn S-^-Kahn’ Esq-’ Suite 733 ing convenience only. The notice indi­ 20005 P ^ f? ? dmg> Washington, D.C., By the Commission. cates that the carrier is presently au­ than i * ?ro^®sts must be filed no later thorized to transport the same commodi­ [seal] B ertha F. Armes, in the FeJ ™ r” i^ K a*e °f publlcatlon ties over a pertinent service route as Acting Secretary. follows: From Texarkana over U.S. P-8860 This appllcation is related to MC- [F.R. Doc. 65-1432; Filed, Feb. 9, 1965; Highway 59 to junction Texas Highway 8:48 a.m.] 77, thence over Texas Highway 77 to 1900 NOTICES junction Louisiana Highway 1, thence (also from Boston over Massachusetts route as follows: From junction former over Louisiana Highway 1 to junction Highway 1-A to junction U.S. Highway U.S. Highway 67 and U.S. Highway 67 U.S. Highway 71, and thence over U.S. 1 near North Attleboro, Mass.), thence near Beardstown, 111., over former U.S. Highway 71 to Shreveport, and return via bridge, ferry or tunnel and U.S. Highway 67 to junction U.S. Highway 67 over the same route. Highway 1 to Newark, thence over U.S. northwest of Rushville, HI., and return No. MC 41432 (Deviation No. 4), EAST Highway 22 to Cincinnati, Ohio, and over the same route. TEXAS MOTOR FREIGHT LINES, thence over U.S. Highway 50 to St. Louis, No. MC 109538 (Deviation No. 4), INC., Post Office Box 26040, 623 North Mo., (5) from New Castle, Pa., over U.S. CHIPPEWA MOTOR FREIGHT, INC., Washington Street, Dallas 26, Tex., filed Highway 422 to Cleveland, Ohio, (6) 2645 Harlem Street, Eau Claire, Wis., January 26, 1965. Carrier proposes to from Youngstown over Ohio Highway 18 54702, filed January 22, 1965. Carrier operate as a common carrier, by motor to Norwalk, thence over U.S. Highway 20 proposes to operate as a common carrier, vehicle, of general commodities, with to Chicago, and (7) from New Castle over by motor vehicle, of general commodities, certain exceptions, over a deviation route U.S. Highway 422 to Kittanning, Pa., and with certain exceptions over a deviation as follows: From Marshall, Tex., over return over the same routes. route as follows: From Minneapolis, U.S. Highway 59 to Carthage, Tex., and No. MC 68183 (Deviation No. 8), Minn., over Minnesota Highway 36 to return over the same route, for operating YANKEE LINES, INC., 1400 East Arch­ junction Minnesota Highway 95 near convenience only. The notice indicates wood Avenue, Akron 6, Ohio, filed Janu­ Stillwater, Minn., thence over Minnesota that the carrier is presently authorized ary 28, 1965. Carrier proposes to oper­ Highway 95 to junction U.S. Highway 12, to transport the same commodities over ate as a common carrier, by motor ve­ thence over U.S. Highway 12 to junction a pertinent service route as follows: hicle, of general commodities, with cer­ Interstate Highways 90 and 94, thence From Marshall over Texas Highway 43 tain exceptions, over a deviation route as over Interstate Highways 90 and 94 to to junction Texas Highway 149, and follows: Between Baltimore, Md., and junction U.S. Highway 14 near Janes­ thence over Texas Highway 149 to Wilmington, Del., over Interstate High­ ville, Wis., thence over U.S. Highway 14 Carthage, and return over the same way 95, for operating convenience only. to junction Illinois Highway 47, thence route. The notice indicates that the carrier is over Illinois Highway 47 to junction U.S. No. MC 42487 (Deviation No. 34), CON­ presently authorized to transport the Highway 20, thence over U.S. Highway SOLIDATED FREIGHTWAYS COR­ same commodities over pertinent service 20 to Chicago, 111., and return over the PORATION OF DELAWARE, Post Office routes as follows: From Akron, Ohio, Sjame route, for operating convenience Box 5138, Chicago, 111., 60680, filed Janu­ over Ohio Highway 5 to Warren, Ohio, only. The notice indicates that the car­ ary 25,1965. Carrier proposes to operate thence over U.S. Highway 422 to Indiana, rier is presently authorized to transport as a common carrier, by motor vehicle, of Pa., thence over U.S. Highway 119 to the same commodities over a pertinent general commodities, with certain excep­ Homer City, Pa., thence over Pennsyl­ service route as follows: From Minneap- tions, over a deviation route as follows: vania Highway 56 to junction U.S. High­ olis over U.S. Highway 12 to Chicago, and From Akron, Ohio, over Interstate High­ way 220, thence over U.S. Highway 220 return over the same route. way 80S to junction Interstate Highway to Bedford, Pa., thence over U.S. High­ No. MC 112713 (Deviation No. 9), 80, near Youngstown, Ohio, thence over way 30 to Breezewood, Pa., thence over YELLOW TRANSIT FREIGHT LINES, Interstate Highway 80 to junction Inter­ Pennsylvania Highway 126 to junction INC., Post Office Box 8462, 92d at State state Highway 95, near Ridgefield Park, U.S. Highway 522, thence over U.S. High­ line, Kansas City, Mo., 64114, filed Janu­ N.J., thence over Interstate Highway 95 way 522 to Hancock, Md., thence over ary 28, 1965. Carrier proposes to op­ to New York, N.Y., and return over the U.S. Highway 40 to State Road, Del., erate as a common carrier, by motor same route, for operating convenience thence over U.S. Highway 13 to Phila­ vehicle, of general commodities, with only. The notice indicates that the car­ delphia, Pa., and from Philadelphia over certain exceptions, over a deviation route rier is presently authorized to transport U.S. Highway 1 to Baltimore, and return as follows: From Oklahoma City, Okla., the same commodities over pertinent over the same routes. over the H. E. Bailey Turnpike to the service routes as follows: (1) From No. MC 76266 (Deviation No. 21), Randlett, Okla., Interchange, thence Sharon, Pa., over U.S. Highway 62 to ADMIRAL - MERCHANTS MOTOR over UJS. Highway 277 to Wichita Falls, Youngstown, thence over Ohio Highway FREIGHT, INC., 2625 Territorial Road, Tex., and return over the same route, for 18 to Norwalk, Ohio, (2) from Youngs­ St. Paul 14, Minn., filed January 25,1965. operating convenience only. The notice town over U.S. Highway 422 to Worthing­ Carrier proposes to operate as a common indicates that the carrier is presently au­ ton, Pa., thence over unnumbered high­ carrier, by motor vehicle, of general com­ thorized to transport the same commodi­ way (formerly portion U.S. Highway 422) modities, with certain exceptions, over ties over a pertinent service route as via Walkchalk, Pa., to Kittanning, Pa., a deviation route as follows: From follows: From Oklahoma City over US. thence over U.S. Highway 422 to Ebens- Omaha, Nebr., over Iowa Highway 92 to Highway 277 to Wichita Falls, Tex., burg, Pa., thence over U.S. Highway 22 junction U.S. Highway 71, thence over thence over U.S. Highway 287 to Bowie, to Harrisburg, Pa., thence over U.S. U.S. Highway 71 to junction U.S. High­ Tex., and return over the same route. Highway 322 (formerly shown as U.S. way 6, and return over the same route, No. MC 123907 (Deviation No. D. Highway 422) to junction U.S. Highway for operating convenience only. The DAHLMAN TRUCK LINES, INC., 1616 422 (near Hummelstown, Pa.), thence notice indicates that the carrier is pres­ Clark Street, Stevens Point, Wis., car­ over U.S. Highway 422 to Reading, Pa., ently authorized to transport the same rier’s attorney: Claude J. Jasper, m thence over U.S. Highway 222 to Allen­ commodities over a pertinent service South Fairchild Street, Madison, Wis., town, Pa., thence over unnumbered route as follows: From Omaha over U.S. filed January 21, 1965. Carrier proposes highway (formerly portion U.S. Highway Highway 6 to junction U.S. Highway 71, to operate as a common carrier, by mo* 22) via Bethlehem, Butztown, Wilson, and return over the same route. tor vehicle, of specified commoarttes, and Easton, Pa. to Phillipsburg, N.J., No. MC 107500 (Deviation No. 21), over a deviation route as follows: Fro thence over U.S. Highway 22 to junction BURLINGTON TRUCK LINES, INC., Oshkosh, Wis., over U.S. Highway 41 unnumbered highway (formerly portion 796 South Pearl Street, Galesburg, Hl.r junction Interstate Highway 94, then U.S. Highway 22), thence over unnum­ 61401, filed January 25, 1965. Carrier over Interstate Highway 94 to Chicag , bered highway via Clinton and Annan- proposes to operate as a common carrier, 111., and return over the same route, iu dale, N.J., to junction U.S. Highway 22, by motor vehicle, transporting general operating convenience only. The,f® ,, thence over U.S. Highway 22 to junction commodities, with certain exceptions, indicates that the carrier is presently au­ unnumbered highway (formerly portion over a deviation route as follows: From thorized to transport (1) paper and P U.S. Highway 22), thence over unnum­ junction U.S. Highway 67 and former per products from Oshkosh, over L ‘ bered highway via Lebanon, N.J., to U.S. Highway 67 (near Beardstown, 111.) H ig h w a y 45 to junction Wisconsin junction U.S. Highway 22 (west of Pot- over relocated U.S. Highway 67 to junc­ w a y 145, thence over Wisconsin Hi® terstown, N.J.), thence over U.S. High­ tion U.S. Highway 67 northwest of Rush- 145 to junction U.S. H igh w ay 45, - way 22 to Newark, N.J. and thence over ville, 111., and return over the same route over U.S. Highway 45 to junction II mo U.S. Highway 1 to New York, N.Y., (3) for operating convenience only. The Highway 21, and thence over Ilim^ from Harrisburg, Pa. over U.S. Highway notice indicates that the carrier is pres­ Highway 21 to Chicago, amd (2) w* ^ 22 to Allentown, Pa., (4) from Boston, ently authorized to transport the same eggs from Oshkosh, over U.S. His . Mass, over U.S. Highway 1 to New York commodities over a pertinent service 45 to junction Wisconsin Highw y W ednesday, February 10, 1965 FEDERAL REGISTER 1901 thence over Wisconsin Highway 175 to No. MC 87720 (Sub-No. 21), (REPUB­ between its mouth and Bethel. The Milwaukee, and thence over U.S. High­ LICATION), filed July 20, 1964, pub­ application was referred to Examiner way 41 to Chicago, and return over the lished F ederal R egister, issue of August Henry A. Cockrum for hearing and same routes. 5, 1964, and republished this issue. Ap­ the recommendation of an appropriate plicant: BASS TRANSPORTATION CO., order thereon. Hearing was held Motor Carriers of P assengers INC., Star Route A, Old Croton Road, August 24, 1964, at Fairbanks, Alaska. No. MC 1515 (Deviation No. 220), Flemington, N.J. Applicant’s represen­ The examiner is of the opinion that GREYHOUND LINES, INC. (Western tative: Bert Collins, 140 Cedar Street, the operation conducted by applicant Greyhound Lines Division), Market and New York, N.Y. Authority sought to is that of a common carrier rather Fremont Streets, San Francisco, Calif., operate as a contract carrier, by motor than a contract carrier. A report and 94106, filed January 25, 1965. Carrier’s vehicle, over irregular routes, transport­ order, served November 27, 1964, which attorney: W. T. Meinhold (same address ing : New office furniture, in mixed ship­ became effective January 27, 1965, finds as carrier). Carrier proposes to operate ments, crated and uncrated, from Flem­ that on and continuously since August 26, as a common carrier, by motor vehicle, ington, N.J., to points in Pennsylvania, 1958, applicant was and has been en­ of Passengers and their baggage, and ex­ Delaware, Maryland, New York, Ohio, gaged in interstate or foreign commerce, press and newspapers, in the same ve­ points in Virginia on the north of U.S. as a common carrier by non-self-pro­ hicle with passengers, over a deviation Highway 58, and the District of Colum­ pelled vessels with the use of separate route as follows: From junction U.S. bia, and returned and damaged ship­ towing vessels, in the transportation of Highway 99 and unnumbered highway ments of new office furniture, on return. general commodities, in seasonal opera­ (North Lodi Junction), over UJS. High­ An order, Operating Rights Board No. 1, tions extending from April 1 to Novem­ way 99 to junction unnumbered highway dated January 22, 1965, served February ber 30, both dates inclusive of each year (South Lodi Junction), and return over 2,1965, finds that operation by applicant, between (a) points on the Yukon River the same route, for operating conven­ in interstate or foreign commerce, as a from its mouth at Kwikpak to Nulato, ience only. The notice indicates that contract carrier by motor vehicle, over including Nulato, (b) points on the the carrier is presently authorized to irregular routes of (1) new office furni­ Naknek River from its mouth at Naknek transport passengers and the above- ture, crated, from Flemington, N.J., to to King Salmon, including King Salmon, specified property over pertinent service points in Pennsylvania, Delaware, Mary­ and (c) points on the Kuskokwin River routes as follows: from Sacramento over land, New York, points in Virginia on and from its mouth to Bethel, including U.S. Highway 99 to junction unnumbered north of U.S. Highway 58, and the Dis­ Bethel. highway northeast of Stockton (North trict of Columbia, (2) new office furni­ The notice of the application, as filed, Stockton Junction), thence over unnum­ ture, from Flemington, N.J., to points in was published in the F ederal R egister bered highway via Stockton to junction Ohio, and (3) returned and damaged on March 8, 1961, and because it is pos­ U.S. Highway 99 southeast of Stockton shipments of new office furniture, from sible that parties who relied upon that (South Stockton Junction), thence over points in Ohio to Flemington, N.J., under publication may have an interest in and U.S. Highway 99 to junction unnumbered a continuing contract with Standard would be prejudiced by the lack of proper highway north of Manteca (North Man­ Pressed Steel Co., Columbia Hallowell notice of the common carrier authority teca) , thence over unnumbered highway Division, of Jenkintown, Pa., will be con­ granted in the findings herein, a cor­ to Manteca, and return over the same sistent with the public interest and the rected notice of the authority recom­ route. national transportation policy; and that mended will be published in the F ederal No. MC 1515 (Deviation No. 221), because it is possible that other parties, R egister and issuance of a certificate GREYHOUND LINES, INC. (Western who have relied upon the notice of the herein will be withheld for 30 days from Greyhound Lines Division), Market and application as published, may have an the date of such publication, during Fremont Streets, San Francisco, Calif., interest in and would be prejudiced by which period any proper party in in­ 94106, filed January 25, 1965. Carrier’s thejack of proper notice of the authority terest may file an appropriate protest or attorney: W. T. Meinhold (same address described inih e findings in this order, a other pleading. as applicant). Carrier proposes to oper­ notice of the authority actually granted N otice of F iling of P etition ate as a common carrier, by motor ve­ will be published in the F ederal R egister, hicle, of Passengers and their baggage, and issuance of a permit in this proceed­ No. MC 96176 (Sub-No. 9) (PETI­ and express and newspapers, over a de­ ing will be withheld for a period of 30 TION OF APPLICANT (Embraced in viation route as follows: From junction days from the date of such publication, Exceptions), FOR FURTHER HEAR­ Interstate Highway 5 and unnumbered during which period any proper party in ING) , filed October 5, 1964. Petitioner: highway (Everett), over Interstate High­ interest may file an appropriate protest RAY CARTER, INC., Memphis, Tenn. way 5 to Seattle, Wash., and return over or other pleading. Petitioners attorney: Ernest A. Brooks, the same route, for operating conven­ II, 1301 Ambassador Building, St. Louis, ience only. The notice Indicates that Application of W ater Carrier Mo., 63101. By application filed May the carrier is presently authorized to WATER CARRIER OF PROPERTY 13, 1963, and as amended at the hearing, transport passengers and the above- Ray Carter, Inc., seeks authority to oper­ specified property over a pertinent serv­ No. W-1156 (REFUBLICATION), ate as a common carrier, by motor ve­ ice route as follows: From the Interna­ ALASKA BARGE & TRANSPORT, INC., hicle, over irregular routes, transport­ tional Boundary over U.S. Highway 99 to CONTRACT CARRIER APPLICATION, ing: Commodities, which because of size Seattle, and return over the same route. filed December 30,1960, published in F ed­ or weight, require special equipment or By the Commission. eral R egister March 8, 1961, and re­ special handling, and related parts, ma­ published, this issue. Applicant: terials, and supplies, when their trans­ [seal] Bertha F .A rmes, ALASKA BARGE AND TRANSPORT, portation is incidental to and in conjunc­ Acting Secretary. INC., 601 Main Street, Post Office Box tion with the transportation of com­ [PH. Doc. 65-1433; Filed, Feb. 9, 1965; 831, Vancouver, Wash. Applicant’s at­ modities, the transportation of which, 8:48 a.m.] torney: Alan F. Wohlstetter, 1 Farragut because of size or weight, requires spe­ Square South, Washington 5, D.C. By cial equipment, between points in Ten­ application filed December 30, 1960, ap­ [Notice 729] nessee, Louisiana, Arkansas, Mississippi, plicant seeks a permit as a contract car­ Kentucky, and Alabama (the six States) rier by water, under section 309(b) of the M0; c° * CARR,ER applications a n d restricted against the transportation (1) CERTAIN OTHER PROCEEDINGS Interstate Commerce Act, to operate tow­ of stone, and aircraft and/or missiles and ing vessels, in the performance of tow­ parts thereof, (2) of pipe, pipeline dope, age of barges, in the transportation of and valves used in or in connection with e r S Ä Wmg Publications are general commodities between points in the construction, operation, repair, main­ t S r w J he. new Special Rule 1.2 Alaska, (a) along the Yukon River be­ tenance, servicing, or dismantling of lisLd S^LSsi^ ’s rules of practice, tween its mouth at Kwikpak and Nulato, pipelines, including the stringing or Decemhpr^q 6i FEDERAL Register, issi (b) along the Naknek River between picking up of pipe in connection there­ its mouth at Naknek and King Salmon, with, and (3) when originating in, or and (c) along the Kuskokwin River points within 10 miles of, Anniston, 1902 NOTICES Birmingham, Decatur, Gadsden, and incidental to and in conjunction with way 10 and U.S. Highway 75 over Iowa Tuscaloosa, Ala., of iron and steel, and the transportation of commodities, the Highway 10 to junction U.S. Highway 71, iron and steel articles, in straight or transportation of which, because of size and return over the same route; (5) be­ mixed shipments or in mixed shipments or weight, require special equipment (ex­ tween LeMars, Iowa, and Storm Lake, with any other article or articles. cept stone, and aircraft and/or missiles Iowa; from LeMars over Iowa Highway A report and order, recommended by and parts thereof), (1) between points in 5 to Storm *Lake, and return over the Leonard J. Kassel, hearing examiner, Shelby County, Tenn., Crittenden Coun­ same route; (6) x between Des Moines, served August 5, 1964, found that Ray ty, Ark., and De Soto County, Miss., and Iowa, and Spirit Lake, Iowa; from Des Carter, Inc., has failed to establish that between points in (1) above, on the one Moines over U.S. Highway 69 to junction the present or future public convenience hand, and on the other, points in Ten­ U.S. Highway 20. and necessity require the proposed op­ nessee, Louisiana, Arkansas, Mississippi, Thence oyer U.S. Highway 20 to junc­ erations; and that the application should Kentucky and Alabama. RESTRIC­ tion U.S. Highway 169, thence over U.S. be denied. The examiner’s order did not TION: Authority granted will be re­ Highway 169 to junction U.S. Highway become effective because exceptions and stricted against the transportation of 18, thence over U.S. Highway 18 to junc­ replies thereto were received. Subse­ iron and steel, and iron and steel articles tion Iowa Highway 17, thence over Iowa quently by an order of the Commission, originating at Birmingham, Gadsden, Highway 17 to junction Iowa Highway 9, Division 1, dated January 14, 1965, and Decatur, Anniston, Tuscaloosa, Ala., thence over Iowa Highway 9 to Spirit served January 19, 1965, the pertinent and points within 10 miles of Birming­ Lake and return over the same route; portions of which is restated and ordered ham, Gadsden, Decatur, Anniston, and (7) between junction U.S. Highway 169 as follows; “No. MC 96176 (Sub-No. 9), Tuscaloosa, Ala., and further restricted and Iowa Highway 3 and junction Iowa RAY CARTER, INC., EXTENSION- against the transportation of pipe, pipe­ Highway 10 and UJS, Highway 71; from HEAVY COMMODITIES (Memphis, line dope and valves used in or in con­ junction U.S. Highway 169 and Iowa Tenn.). Upon consideration of the rec­ nection with the construction, operation, Highway 3, over Iowa Highway 3 to junc­ ord in the above-entitled proceeding, repair, maintenance, servicing or dis­ tion Iowa Highway 17, thence over Iowa and of: (1) Petition of applicant (em­ mantling of pipelines, including the Highway 17 to junction Iowa Highway braced in exceptions), filed October 5, stringing or picking up of pipe in con­ 10, thence over Iowa Highway 10 to junc­ 1964, for further hearing; (2) reply of nection therewith.” Any person or per­ tion U.S. Highway 71, and return over Superior Trucking Co., Inc., protestant, sons, not already a party of record here­ the same route; (8) between junction filed October 26, 1964; (3) joint reply in, desiring to participate in this pro­ U.S. Highways 71 and 20 and Fort Dodge, of J. H. Rose Truck Line, Inc., and Bell ceeding, may, within 30 days from the Iowa; from junction U.S. Highways 71 Transportation Co., protestants filed No­ date of this publication in the F ederal and 20 over U.S. Highway 20 to Port vember 9, 1964; (4) reply of Dealers R eg ister, file an appropriate pleading, Dodge and return over the same route; Transit, Inc., protestant, filed November consisting of an original and six copies (9) between junction U.S. .Highway 18 9,1964; (5) joint reply of Osborne Truck each. and Iowa Highway 17 and junction U.S. Highways 18 and 71; from junction U.S. Line, Inc., and Colonial Past Freight Applications for Certificates or P er­ Lines, Inc., protestants, filed November 6, Highway 18 and Iowa Highway 17 over mits Which Are To Be P rocessed Con­ U.S. Highway 18 to junction U.S. High­ 1964; (6) reply of Gregory Heavy Haul­ currently W ith Applications Under ers, Inc., protestant, filed November 9, way 71 and return over the same route; Section 5 G overned by Special R ule (10) between Estherville, Iowa, and 1964; and (7) joint reply of U.S.A.C. 1.240 to the Extent Applicable Transport, Inc., Case Driveway, Inc., junction U.S. Highways 18 and 169; W. L. Jeffries Trucking Co., Inc., Heavy & MOTOR CARRIERS OF PROPERTY from Estherville over Iowa Highway 9( Specialized Haulers, Inc., and Ligon Spe­ No. MC 29120 (Sub-No. 76), filed Jan­ to junction U.S. Highway 169, thence cialized Hauler, Inc., protestants, filed uary 27, 1965. Applicant; ALL-AMER­ over U.S. Highway 169 to junction U.S. November 23, 1964; and good cause ap­ ICAN TRANSPORT, INC., 1500 Indus­ Highway 18 and return over the same pearing therefor: It is ordered, That ap­ trial Avenue, Sioux Falls, S. Dak. Appli­ route; (11) between Waterloo, Iowa, and plicant’s petition for further hearing be, cant’s attorneys: David Axelrod, 39 South junction U.S. Highways 20 and 69; from and it is hereby accepted and treated as a La Salle Street, Chicago, 111., and R. G. Waterloo over U.S. Highway 20 to junc­ request for (a) interpretation of certifi­ May, 316 Northwestern National Bank tion U.S. Highway 69 and return over the cate No. MC96176, dated December 11, Building, Sioux Falls, S. Dak. Authority same route; (12) between Iowa Falls, 1959, and (b) modification of authority sought to operate as a common carrier, Iowa, and junction U,S. Highway 65 and described in said certificate; It is further by motor vehicle, over regular routes, Iowa Highway 64; from Iowa Falls over ordered, That the proceeding be, and it is transporting: General commodities (ex­ U.S. Highway 65 to junction Iowa High­ hereby, assigned for further hearing, at a cept those of unusual value, livestock, way 64 and return over the same route; time and place to be hereafter fixed, classes A and B explosives, household (13) between Des Moines, Iowa, and solely for the purpose of permitting the goods as defined by the Commission, Waterloo, Iowa; from Des Moines over introduction of evidence with respect to commodities in bulk and those requiring Iowa Highway 64 to junction Iowa High­ the petition described in the first order­ special equipment), (1) between Sioux way 330, thence over Iowa Highway 330 ing paragraph above.” By the instant to junction Iowa Highway 14, thence City, Iowa, and Spirit Lake, Iowa; from over Iowa Highway 14 to junction Iowa petition, petitioner prays the Commission Sioux City over U.S. Highway 75 to junc­ to reverse the recommended order of Ex­ tion Iowa Highway 33 near LeMars, Highway 57. . aminer Kassel and find: Thence over Iowa Highway 57 to Wa­ Iowa, thence over Iowa Highway 33 to terloo and return over the same route, (1) That the proceedings be reopenedjunction U.S. Highway 18 at Sheldon, for further hearing to permit applicant (14) between Davenport, Iowa, ana Iowa, thence over U.S. Highway 18 to Ames, Iowa; from Davenport over Iowa an opportunity to present its evidence junction U.S. Highway 71, thence over concerning the matter of clarification Highway 150 to junction U.S. Highway U.S. Highway 71 to Spirit Lake, and re­ 30, thence over U.S. Highway 30 to Am and modification of its certificate in MC turn over the same route; (2) between 96176, or, as an alternative, that it be and return over the same route; (15) D" Sioux City, Iowa, and junction U.S. tween junction U.S. Highway 65 ana io found that petitioner has met the burden Highways 18 and 71; from Sioux City of proof required for the grant of a cer­ Highway 57 and junction Iowa Highw y over U.S. Highway 20 to junction U.S. 57 and 14; from junction U.S. Highway tificate of public convenience and neces­ Highway 71, thence over U.S. Highway sity and, in the event the Commission 65 and Iowa Highway 57 over Iowa liign 71 to junction U.S. Highway 18, and re­ way 57 to junction Iowa Highway believes such proof only warrants a turn over the same route; (3) between limited grant, then it should be author­ LeMars, Iowa, and Hospers, Iowa; from and return over the same route; G® , ized the following extension of operating LeMars over U.S. Highway 75 to junction tween Waterloo, Iowa, and Tama, > authority authorizing, the transporta­ unnumbered highway south of Sioux from Waterloo over U.S. Highway tion, as a common carrier by motor ve­ Tama and return over the same f ’ Center, Iowa, thence over unnumbered (17) between junction VS. »ghwws hicle, over irregular routes, of: “Com­ highway to Hospers, and return over the modities which, because of size or weight, same route; (4) between junction Iowa 218 and 30 and Waterloo, I°wa. 1 require special equipment or special han­ Highway 10 and U.S. Highway 75 and junction U.S. Highways 218 and 30 dling, and related parts, materials and junction U.S. Highway 71 and Iowa U.S. Highway 218 to Wate^oo a n d ^ supplies, when their transportation is Highway 10; from junction Iowa High­ turn over the same route, Go) D W ednesday, February 10, 1965 FEDERAL REGISTER 1903 junction Iowa Highway 146 and Ü.S. and (26) between Des Moines, Iowa, and Madison Heights, Petersburg, Lester Highway 30 and Ottumwa, Iowa; from Fort Dodge, Iowa; from Des Moines over Manor, Richmond, Fredericksburg, War- junction Iowa Highway 146 and Ü.S. Interstate Highway 80 to junction Iowa renton, Franklin, Lynchburg, Farmville, Highway 30 over Iowa Highway 146 to Highway 141, thence over Iowa Highway Smithfield, Danville, South Boston, Vic­ junction U.S. Highway 6, thence over 141 to junction U.S. Highway 169, thence toria, and Roanoke, Va., Washington, Ü.S. Highway 6 to junction U.S. Highway over U.S. Highway 169 to Fort Dodge and D.C., Baltimore and Cumberland, Md., 63, thence over U.S. Highway 63 to Ot­ return over the same route, serving no Wilmington, and Cheswold, Del., Phila­ tumwa and return over the same route; intermediate points. delphia, Biglerville, and York, Pa., Cam­ (19) between Ottumwa, Iowa, and Dav­ den, and Trenton, N.J., New York, N.Y., Note: This is a matter directly related to and points in New Jersey and New York enport, Iowa; from Ottumwa over U.S. MC-F 9015, published F ederal R egister issue Highway 34 to junction Iowa Highway 1, of February 3, 1965. within 25 miles of New York, N.Y., from the above-specified destination points to thence over Iowa Highway 1 to junction No. MC 106051 (Sub-No. 33), filed Iowa Highway 92, thence over Iowa Charlotte, Rocky Mount, Fayetteville, January 29, 1965. Applicant: OLD Durham, Roanoke Rapids, Kinston, Mar­ Highway 92 to junction U.S. Highway 61, COLONY TRANSPORTATION CO., ion, Morganton, Fuquay Springs, Rock­ thence over U.S. Highway 61 to Daven­ INC., 56 FTospect Street, New Bedford, ingham, Snow Hill, Greenville, Smith- port and return over the same route; Mass. Applicant’s attorney: Francis E. field, Rich Square, Warsaw, Clinton, (20) between Marshalltown, Iowa, and Barrett, Jr., 182 Forbes Building, Forbes Kannapolis, Gastonia, Greensboro, Lil- junction U.S. Highways 6 and 69; from Road, Braintree 84, Mass. Authority lington, Dunn, Salisbury, and Concord, Marshalltown over Iowa Highway 14 to sought to operate as a common carrier, N.C., and points in South Carolina, be­ Newton, Iowa, thence over U.S. Highway by motor vehicle, over irregular routes, tween Philadelphia, Pa., on the one hand, 6 to junction U.S. Highway 69 and return transporting: General commodities (ex­ and, on the other, Bristol, Pa., and points over the same route; (21) between Cedar cept those of unusual value, classes A in Philadelphia County, Pa., between Rapids, Iowa, and Maynard, Iowa; (a) and B explosives, household goods as Philadelphia, Pa., on the one hand, and, from Cedar Rapids over Iowa Highway defined by the Commission, commodities on the other, points in Pennsylvania on 150 to Maynard and return over the same in bulk, and those requiring special equip­ and south of U.S. Highway 30 within 25 route; (b) from Cedar Rapids over U.S. ment) , between points in Rhode Island. Highway 151 to junction Iowa Highway miles of Philadelphia, between points in N ote: This application is directly related Philadelphia, Pa.; wool imported from 38. to MC-F 9019. any foreign country, wool tops and noils, Thence over Iowa Highway 38 to junc­ and wool waste (carded spun, woven, or tion Iowa Highway 3, thence over Applications Under Sections 5 and knitted), from Charleston, S.C., and Iowa Highway 3 to junction Iowa High­ 210a(b) way 154, thence over Iowa Highway 154 Lodi, Paterson, and Roselle Park, N.J., to junction Iowa Highway 150, thence The following applications are gov­ to Aberdeen, Columbus, and Rutherford- over Iowa Highway 150 to Maynard and erned by the Interstate Commerce Com­ ton, N.C. return over the same route; (22) between mission’s special rules governing notice (2) (THE GEO. A. RHEMAN CO., Des Moines, Iowa and Oskaloosa, Iowa; of filing of applications by motor carriers INC.) Petroleum products, in bulk, in from Des Moines over Iowa Highway of property or passengers under sections tank vehicles, as a common carrier, over 163 to Oskaloosa and return over the 5(a) and 210a(b) of the Interstate Com­ irregular routes, between Charleston, same route; and (23) between Waterloo, merce Act and certain other proceedings S.C., and points within 10 miles thereof, with respect thereto (49 CFR 1.240). on the one hand, and, on the other, points Iowa, and Independence, Iowa; from in Georgia and North Carolina, between Waterloo over U.S. Highway 20 to Inde­ MOTOR CARRIERS OF PROPERTY pendence and return over the same route, Savannah, Ga., and points within 10 serving all intermediate points in con­ No. MC-F-8826 (WHEATON VAN miles thereof, on the one hand, and, on nection with all of the above described LINES, INC. — PURCHASE (POR­ the other, points in South Carolina; routes and serving the following off- TION)—JOHN RUNNING TRANSFER petroleum products, as described in Ap­ CO., INC., ET AL.), published in the pendix XIII to the report in Descriptions route points in connection with all of in Motor Carrier Certificates, 61 M.C.C. the above-described routes: Albion, August 5, 1964 issue of the F ederal R eg­ ister on page 11307. By amendment 209, in bulk, in tank vehicles, from North Archer, Atkins, Baxter, Beaman, Belle Charleston, S.C., to points in Florida; Plain, Bennett, Blairstown, Bondurant, filed January 26, 1965, applicants’ (C) WHEATON VAN LINES, INC., and C. R. liquor waste, consisting of approximately Boyden, Buckeye, Calumet, Chelsea, 50 percent water, 25 percent dissolved Clutier, Conrad, Cornell, Covington, JOHNSON TRANSFER, INC., seek to amend the operating rights by inclusion wood substances and 25 percent impure Dickens, Dysart, Elberon, Eldon, Evans- spent sodium compounds, in bulk, in dale, Everly, Fenton, Garrison, Garwin, of the following rights: Household goods, between points in Cache County, Utah, tank vehicles, from points in Darlington Gaza, Germantown, Gifford, Gladbrook, County, S.C., to points in Columbus, Green Mountain, Ira, Keystone, Lawn and those in Franklin County, Idaho, on the one hand, and, on the other, points Halifax, and Washington Counties, N.C.; Hill, Lincoln, Linn Grove, Liscomb, Lone propane and "butane, in bulk, in tank Rock, Luzerne, Mallard, Maple Hill, Mar­ in Utah. No. MC-F-9018. Authority sought for vehicles, from the terminal of Trans- cus, Melbourne, Middleburg, Mingo, Southern pipeline, at or near Anderson, Montour, Newhall, New Providence, control by CALHOUN LEMON, Post Of­ fice Box 385, Barnwell, S.C., of (1) S.C., to certain specified points in Geor­ Norway, Owasa, Oyens, Palo, Plover, gia; liquefied petroleum gas, in bulk, in Radcliffe, Reinbeck, Rhodes, Ringstead, COOPER MOTOR LINES, INC., 301 Hammett Stree t, Greenville, S.C., tank vehicles, from the site of the pipe Rolfe, Royal, Shellsburg, Steamboat line terminals of the Dixie Pipe Line Kock, Tdru, Union, Van Horne, Vinning, through ownership of capital stock and/ or management; (2) THE GEO. A. Company near Columbia and Cheraw, Watkins, Whittemore, and Whitten, S.C.,- to points in North Carolina, and (24) between Davenport, Iowa, RHEMAN CO., INC., 2019 Elgin Street, Charleston, S.C., through management; points in that part of Georgia on and nd Cedar Rapids, Iowa; from Daven- east of U.S. Highway 19, from the site port over Interstate Highway 80 to junc- and (3) SOUTHERN BULK HAULERS, INC., Post Office Box 278, Harleyville, of the pipe line terminal of the Dixie uon u.S. Highway 218, thence over U.S. Pipe Line Co. near Apex, N.C., to points lghway 218 to Cedar Rapids and re- S.C., through ownership of capital stock and/or management. Applicants’ attor­ in South Carolina; dry sand, ground and x ^ °ye.r the same route, serving no in- pulverized, in bulk, in tank or covered Points; (25) between Des neys: Frank A. Graham, Jr., 707 Security Federal Building, Columbia, S.C.,' 29201, hopper vehicles equipped for unloading Iowa’ and Cedar Rapids, Iowa; and Beverley S. Simms, 910 17th Street by pneumatic unloading devices, from Moines over Interstate High­ the plantsite of the Pennsylvania Glass way go to junction Iowa Highway 146, NW., Washington 60, D.C. Operating rights sought to be controlled: (1) Sand Corporation, at Edmund, S.C. (in tirm^TT £Ver .Iowa Highway 146 to junc- (COOPER MOTOR LINES, INC.) Gen­ Lexington County, approximately 10 ij. , H-S. Highway 6, thence over U.S. eral commodities, excepting, among miles south of Columbia, S.C.), to points S p J J * 6 to junction Iowa Highway others, household goods and commodities in Georgia, and North Carolina. r J o n 0ver Iowa Highway 149 to in bulk, as a common carrier, over irregu­ (3) (SOUTHERN BULK HAULERS, mi1, r Rapids and return over the same lar routes, from points in South Carolina, INC.) Cement, from the plant site of the • serving no intermediate points; to Culpeper, Suffolk, Windsor, Norfolk, Giant Portland Cement Co. at Harleyville No. 27-----io 1904 NOTICES (Dorchester County), S.C., to points In Niagara County, N.Y.; meats, meat prod­ hand, and, on the other, points in Wis­ Georgia and North Carolina, RESTRIC­ ucts, and meat byproducts, dairy prod­ consin, Illinois, Iowa, Missouri, North TION: The authority granted herein ucts and articles distributed by meat­ Dakota, South Dakota, Montana, Ne­ shall be subject to the right of the Com­ packing houses, as described in Sections braska, and Kansas between points in mission, which is hereby expressly re­ A, B and C of Appendix I to the report Idaho on the one hand, and, on the other, served, to Impose such terms, conditions in Descriptions in Motor Carrier Certi­ points in Oregon and Washington, be­ or limitations in the future as it may find ficates, 61 M.C.C. 209 and 766, from the tween points in Malheur and Harney necessary in order to insure that carrier’s United States-Canada boundary line, at Counties, Oreg., on the one hand, and, operations shall conform to the provi­ Buffalo and Niagara Falls, N.Y., to cer­ on the other, points in Washington, be­ sions of section 210a of the act; cement, tain points in New York, Pennsylvania, tween points in Idaho, between points in between points in Georgia, between and Ohio, from the port of entry on the Malheur and Harney Counties, Oreg.; points in North Carolina, RESTRIC­ United States-Canada boundary line at and household goods as defined by thé TION: The operations authorized herein the town of Lewiston, Niagara County, Commission, and emigrant movables, be­ are restricted to shipments having an N.Y., to certain points in New York, tween points in Minnesota. Application immediately prior movement by rail Pennsylvania, and Ohio. Vendee is au­ has not been filed for temporary author­ from Dorchester County, S.C. Applica­ thorized to operate as a common carrier ity under section 210a(b). tion has not been filed for temporary in New York, Pennsylvania, and Michi­ Note: This application is filed because of authority under section 210a(b). gan. Application has been filed for tem­ the findings in Docket No. MC-F-6159 (AAA No. MC-F-9019. Authority sought for porary authority under section 210a(b). STORAGE COMPANY, INC., ET AL.—CON­ purchase by OLD COLONY TRANSPOR­ No. MC-F-9021. Authority sought for TROL—ATLAS VAN LINES, INC.), 70 M.C.C. TATION CO., INC., 66 Prospect Street, control by O. H. FRISBIE (as agent on 629, decided August 2, .1957, by the Commis­ New Bedford, Mass., of the operating behalf of the beneficial owners of the sion, Division 4, wherein the application was rights and property of NARRAGANSETT voting stock of ATLAS VAN-LINES, dismissed without prejudice to the filing of TRUCKING, INC., (JOHN E. ORTON INC., who are affiliated with or control another application by the settlors of the trust seeking authority under section 5(2) (a) III AND JAMES M. JERUE, CO­ common carriers engaged in the trans­ to acquire control of ATLAS upon the termi­ RECEIVERS) , 931 Industrial Bank portation of household goods in inter­ nation of its control by the trustee, which Building, Providence 3, R.I., and for ac­ state commerce pursuant to authority the instant application states will expire No­ quisition by GEORGE VIGEANT, also of issued by the Interstate Commerce Com­ vember 30, 1967. New Bedford, Mass., of control of such mission), 14225 Schaefer Highway, De­ rights and property through the pur­ troit, Mich., of ATLAS VAN-LINES, INC., No. MC-F-9022. Authority sought for chase. Applicants’ attorney: Francis E. 1212 St. George Road, Evansville 3, Ind. purchase by LOMAR TRANSPORTA­ Barrett, Jr., 182 Forbes Building, Forbes Applicants’ attorney: Herbert Burstein, TION CO., INC., 2440 East Ontario Road, Braintree, Mass. Operating rights 160 Broadway, New York 38, N.Y. Op­ Street, Philadelphia, Pa., 19134, of a por­ sought to be transferred: Under a certif­ erating rights sought to be controlled: tion of the operating rights of KULP icate of registration, in Docket No. MC- Household goods, as defined by the Com­ AND GORDON, INC., 370 Hall Street, 98877 Sub-1, covering the transportation mission, as a common carrier, over irreg­ Phoenixville, Pa., and for acquisition by of general commodities, as a common ular routes, between points in Colorado, LOUIS MARIANNI, also of Philadelphia, carrier, in intrastate commerce, between Kansas, Nebraska, New Mexico, Utah, Pa. of control of such rights through the points within Rhode Island, over irreg­ and Wyoming. RESTRICTION: No purchase. Applicants’ attorney: Morris ular routes. Vendee is authorized to shipments shall be transported between J. Winokur, 1920 Two Penn Center Plaza, operate as a common carrier in Massa­ any two points both of which are in the Philadelphia, Pa., 19102. Operating chusetts, Rhode Island, New York, New same State; between points in Colorado, rights sought to be transferred: Paver Jersey, Connecticut, and Vermont. Ap­ and Wyoming, on the one hand, and, on boxes, as a common carrier over irregu­ plication has been filed for temporary the other, points in Arizona, Idaho, Iowa, lar routes between Philadelphia, Pa., on authority under section 210a(b). Montana, Oklahoma, South Dakota, and the one hand, and, on the other, Wash­ Texas, between points in Colorado, on ington, D.C., Baltimore, Md., Tarry- Note: No. MC-106051 Sub-33 is a matter the one hand, and, on the other, points town, N.Y., and points in the New York, directly related. in Kansas, Nebraska, Wyoming, Idaho, N.Y., Commercial Zone, as defined by the No. MC-F-9020. Authority sought Iowa, Oklahoma, and South Dakota, be­ Commission; and paper boxes, uncrated, for purchase by MOTORWAYS (ON­ tween Denver, Colo., on the one hand, from Croydon, Pa., to points in New TARIO) LIMITED, 1153 Martin Grove and, on the other, points in Colorado; York, Maryland, Delaware, the District Road, Rexdale (Toronto) Ontario, Can­ between points in Alabama, Arkansas, of Columbia, and New Jersey, except ada, of the operating rights and property Colorado, Connecticut, Delaware, Flor­ those in Gloucester, Mercer, Burlington, of LEWIS TRANSPORT LIMITED, 32 ida, Georgia, Illinois, Indiana, Iowa, Ocean, Monmouth, Middlesex, and Som­ Taber Road, Rexdale (Toronto) Ontario, Kansas, Kentucky, Louisiana, Maine, erset Counties, N.J., but not excluding Canada, and for acquisition by CANA­ Maryland, Massachusetts, Michigan, service in Glassboro, Milltown, New DIAN MOTORWAYS LIMITED, 1153 Minnesota, Mississippi, Missouri, Ne­ Brunswick, Perth Amboy, Somerville, Grove Road, Rexdale (Toronto) Ontario, braska, New Hampshire, New Jersey, and Camden, N.J. Vendee is authorized Canada, of control of such rights and New York, North Carolina, Ohio, Okla­ to operate as a common carrier in Penn­ property through the purchase. Appli­ homa, Pennsylvania, Rhode Island, sylvania, Delaware, New York, Mary­ cants’ attorney: Thomas J. Runfola, 631 South Carolina, Tennessee, Texas, Ver­ land, and New Jersey. Application has Niagara Street, Buffalo 1, N.Y. Operat­ mont, Virginia, West Virginia, Wisconsin, not been filed for temporary authority ing rights sought to be transferred: and the District of Columbia. under section 210a (b). General commodities, excepting, among RESTRICTION: The operations au­ No. MC-F-9023. Authoritysoughtfor others, household goods and commodities thorized immediately above are restricted control and merger by JONES MOTOR in bulk, as a common carrier over irreg­ against operations between any two CO., INC., Bridge Street, and Schuylkill ular routes, between points in Buffalo," points both of which are in the territory Road, Spring City, Pa., of the operatuis N.Y., between Buffalo, N.Y., on the one comprised of the States of Colorado, rights and property of PALMER LINEb, hand, and, on the other, ports of entry Kansas, and Nebraska; between certain INC., Sheffield Road, Sheffield, Mass., ana on the boundary of the United States and specified points in Texas, on the one for acquisition by WM. S. JONES, Rural Canada at Buffalo and Niagara Falls, hand, and, on the other, points in Ari­ Delivery No. 2, Phoenixville, Pa., R. o. N.Y., between Buffalo, N.Y., and the port zona, Arkansas, California, Colorado, JONES, JR., 1304 Monroe Street, wy- of entry on the United States-Canada Kansas, Louisiana, Missouri, New Mexico, omissing, Pa., H. ELLIS JONES, boundary line at the town of Lewiston, Nevada, Oklahoma, and Utah, between Highland Road, Pottstown, Pa., ALVln Niagara County, N.Y.; frozen vegetables, points in California, Oregon, and Wash­ JONES, 3053 Tremont Street, Allentown, from Buffalo, Waterport, and LeRoy, ington and that part of Idaho on and Pa., and H. A. HERSHEY, 751 Spruce N.Y., to ports of entry on the United west of U.S. Highway 93, and on and Street, Royersford, Pa., of control of su States-Canada boundary line, at or near south of U.S. Highway 30, between points rights and property through the trans Buffalo, N.Y., from Buffalo, Waterport, in southwestern Minnesota on and south and LeRoy, N.Y., to the port of entry of U.S. Highway 14, and on and west of Applicants’ attorneys and represen on the United States-Canada boundary Minnesota Highway 15 extended to the tive: Rice, Carpenter & Carraway, „ line located in the town of Lewiston, Minnesota-Iowa State line, on the one Perpetual Building, Washington 4, Wednesday, February 10, 1965 FEDERAL REGISTER 1905 and H. A. Hershey, Bridge Street, and [Notice 731] No. MC 22301 (Sub-No. 6), filed Feb­ Schuylkill Road, Spring City, Pa. Op­ ruary 1, 1965. Applicant: SIOUX erating rights sought to be controlled MOTOR CARRIER APPLICATIONS AND TRANSPORTATION COMPANY, INC., and merged: General commodities, ex­ CERTAIN OTHER PROCEEDINGS 1619 11th Street, Sioux City, Iowa. Ap­ plicant’s attorney: Edward G. Bazelon, cepting, among others, household goods F ebruary 5,1965. and commodities in bulk, as a common 39 South La Salle Street, Chicago, 111. carrier, over regular routes, between The following publications are gov­ Authority sought to operate as a com­ Williamstown, Mass., and Philadelphia, erned by the new Special Rule 1.247 of mon carrier, by motor vehicle, over regu­ Pa., between North Adams, Mass., and the Commission’s rules of practice, pub­ lar routes, transporting: General com­ New York, N.Y., serving all interme­ lished in the F ederal R egister, issue of modities, (except those of unusual value, diate and certain off-route points; December 3,1963, which became effective and except dangerous explosives, house­ leather, from North Pownal, Vt., to January 1, 1964. hold goods as defined in Practices of Motor Common Carriers of Household Newark, N.J., serving the intermediate Applications Assigned for Oral Hearing point of New York, N.Y.; fibre board, Goods, 17 M.C.C. 467, commodities in from Newark, N.J., to North Pownal, The applications immediately follow­ bulk, and those requiring special equip­ Vt., serving the intermediate point ing are assigned for hearing at the time ment, serving Burns Harbor, Ind., as an of New York, N.Y.; advertising matter, and place designated in the notice of off-route point in connection with appli­ from North Bennington, Vt., to Phila­ filing as here published in each proceed­ cant’s authorized regular-route opera­ delphia, Pa., serving certain inter­ ing. All of the proceedings are subject to tions to and from Chicago, 111. mediate and off-route points with re­ the Special Rules of Procedure for Hear­ HEARING: March 3, 1965, in Room strictions; paper and paper board, over ing outlined below: 908, Indiana Public Service Commission, New State Office Building, 100 North regular and irregular routes, from S pecial R ules of P rocedure for H earing Bogota, and Ridgefield Park, N.J., to Senate Avenue, Indianapolis, Ind., be­ North Bennington, Vt., serving the inter­ (1) All of the testimony to be adduced fore Joint Board No. 72, or, if the Joint mediate point of New York, N.Y., re­ by applicant’s company witnesses shall Board waives its right to participate be­ stricted to pick-up only; general com­ be in the form of written statements fore Examiner Isadore Freidson. modities, excepting, among others, which shall be submitted at the hear­ No. MC 25869 (Sub-No. 30), filed Feb­ household goods and commodities in ing at the time and place indicated. ruary 3, 1965. Applicant: NOLTE bulk, over irregular routes, between Dan­ (2) All of the written statements by BROS. TRUCK LINE, INC., 2509 Que bury, Conn., on the one hand, and, on applicant’s company witnesses shall be Street, Post Office Box 184, South the other, points in Connecticut; brick, offered in evidence at the hearing in the Omaha, Nebr. Authority sought to op­ from Watervliet, N.Y., to Canaan, Conn., same manner as any other type of evi­ erate as a common carrier, by motor ve­ and points in Berkshire County, Mass.; dence. The witnesses submitting the hicle, over irregular routes, transporting: cinder blocks, from Albany, N.Y., to written statements shall be made avail­ Meats, meat products, meat by produets, Canaan, Conn., and points in Berkshire able at the hearing for cross-examina­ and articles distributed by meatpacking County, Mass.; paper, from Port Edward, tion, if such becomes necessary. houses, as described in Appendix I, to the NY., to Great Barrington, Mass.; pe­ (3) The written statements by appli­ report in Descriptions in Motor Carrier troleum products in containers, from cant’s company witnesses, if received in Certificates, 61 M.C.C. 209 and 766 (ex­ Marcus Hook, Pa., to Pittsfield and North evidence, will be accepted as exhibits. cept hides and except liquids in bulk, in Adams, Mass.; dry cells, from North To the extent the written statements re­ tank vehicles), from the plant site of Adams, Mass., to Philadelphia, Pa., and fer to attached documents such as copies Blue Ribbon Beef Pack,v Inc., at Mason Camden, N.J.; radio condensers, from of operating authority, etc., they should City, Iowa, to points in Illinois (except North Adams, Mass., to Philadelphia, Pa., be referred to in written statement as Chicago commercial zone), Indiana, Mis­ from Camden, N.J., to North Adams, numbered appendices thereto. souri, Wisconsin, and Nebraska. Mass.; groceries, chinaware, glassware, (4) The admissibility of the evidence HEARING: March 10, 1965, in Room furniture, meats, packing house prod­ contained in the written statements and 401, Old Federal Office Building, 5th and ucts, and agricultural commodities, be­ the appendices thereto, will be at the Court Avenues, Des Moines, Iowa, before tween New York, N.Y., and Wilmington, time of offer, subject to the same rules Examiner David Waters. Vt.; plastics, heavy machinery, electrical as if the evidence were produced in the No. MC 29886 (Sub-No. 198), filed appliances, supplies, and equipment, usual manner. January 22, 1965. Applicant: DALLAS from Pittsfield, Mass., to points in Con­ & MAVIS FORWARDING CO., INC., 4000 (5) Supplemental testimony by a wit­ West Sample Street, South Bend, Ind. necticut, Delaware, Maine, Maryland, ness to correct errors or to supply inad­ New Hampshire, New Jersey, New York, Applicant’s attorney: Charles Pieroni vertent omissions in his written state­ (same address as applicant). Authority Ohio, Pennsylvania, Rhode Island, Ver­ ment is permissible. mont, Virginia, and the District of Co­ sought to operate as a common carrier, No. MC 2452 (Sub-No. 6), filed Feb­ by motor vehicle, over irregular routes, lumbia; paper, from Monroe Bridge, ruary 1, 1965. Applicant: HAJEK Mass., to North Adams, Mass., traversing transporting: Commodities, the trans­ TRUCKING CO., INC., 7635 West Lawn­ portation of which because of size or Vermont for operating convenience only; dale Avenue, Summit, 111. Applicant’s weight require the use of special equip­ and materials, supplies, and equipment, attorney: Eugene L. Cohn, 1 North La used in connection with the manufacture ment, and related materials, supplies and Salle Street, Chicago 2, 111. Authority parts of such commodities, when their °f paper and paper products, except sought to operate as a common carrier, transportation is incidental to the trans­ commodities in bulk, from North Adams,' by motor vehicle, over irregular routes, Mass., to Monroe Bridge, Mass. JONES portation of commodities which because transporting: General commodities, (ex­ of size or weight require the use of special MOTOR CO., INC., is authorized to op- cept those of unusual value, classes A equipment, between the plant site of ra’;it»85 a common carrier in New Jer- and B explosives, household goods as de­ Bethlehem Steel Co., Inc., Burns Harbor sey, Pennsylvania, New York, Maryland, fined by the Commission, commodities in plant, located in Porter County, Ind., on Massachusetts, Rhode Is- bulk, commodities requiring special the one hand, and, on the other, points T .? Delaware, Michigan, Ohio, Illinois, equipment, and those injurious or con­ ncuana, West Virginia, Virginia, North in Iowa, Missouri, and Wisconsin. taminating to other lading), between HEARING: March 3, 1965, in Room llnaU Tennessee> South Carolina, the plant site of the Bethlehem Steel Co., 908, Indiana Public Service Commission, JJS "he District of Columbia. Applica- Burns Harbor Plant, located in Porter n<5 keen filed for temporary au­ County, Ind. and Chicago, 111. New State Office Building, 100 North thority under section 210a(b). HEARING: March 3, 1965, in Room Senate Avenue, Indianapolis, Ind., be­ By the Commission. 908, Indiana Public Service Commission, fore Examiner Isadore Freidson. New State Office Building, 100 North No. MC 29886 (Sub-No. 199), filed [seal] Bertha P. Armes, Senate Avenue, Indianapolis, Ind., before January 27, 1965. Applicant: DALLAS Acting Secretary. Joint Board No. 21, or, if the Joint Board & MAVIS FORWARDING CO., INC., Doc. 65-1434; Piled Peb. 9, 1965; waives its right to participate before Ex­ 4000 West Sample Street, South Bend, 8:48 a.m.] aminer Isadore Freidson. Ind. Applicant’s attorney: Charles 1906 NOTICES

Pieroni (same address as applicant). Bums Harbor Plant, located in Porter No. MC 79695 (Sub-No. 29), filed Jan­ Authority sought to operate as a com­ County, Ind. to points in Iowa, Minne­ uary 22, 1965. Applicant: STEEL mon carrier, by motor vehicle, over ir­ sota, Nebraska, North Dakota, and South TRANSPORTATION COMPANY, INC., regular routes, transporting: Iron and Dakota. 4000 Cline Avenue, East Chicago, Ind! steel articles, and equipment and sup­ HEARING: March 3, 1965, in Room Applicant’s attorney: Robert W. Loser! plies used or useful in the production 908, Indiana Public Service Commission, 409 Chamber of Commerce Building! and distribution of such articles, be­ New State Office Building, 100 North Indianapolis, Ind., 46204. Authority tween the plant site of Bethlehem Steel Senate Avenue, Indianapolis, Ind., before sought to operate as a common carrier, Co., Inc., Bums Harbor Plant, located Examiner Isadore Freidson. by motor vehicle, over irregular routes! in Porter County, Ind., on the one hand, No. MC 64932 (Sub-No. 348) (AMEND­ transporting: Iron and steel articles, be­ and, on the other, points in Iowa, MENT), filed July 28, 1964, published tween the plant site of the Bethlehem Missouri, Wisconsin, Illinois, Michigan, F ederal R egister issue of August 12, Steel Co., Bums Harbor, Ind., on the one Ohio, New York, Pennsylvania, New 1964, amended January 28, 1965, and hand, and, on the other, points in Wis­ Jersey, and Connecticut. republished as amended this issue. Ap­ consin. HEARING: March 3, 1965, in Room plicant: ROGERS’ CARTAGE CO., a HEARING: March 3, 1965, in Room 908, Indiana Public Service Commission, corporation, 1439 West 103d Street, 908, Indiana Public Service Commission, New State Office Building, 100 North Chicago, 111. Applicant’s attorney: Carl New State Office Building, 100 North Senate Avenue, Indianapolis, Ind., before L. Steiner, 39 South La Salle Street, Senate Avenue, Indianapolis, Ind, before Examiner Isadore Freidson. Chicago 3, 111. Authority sought to Joint Board No. 73, or, if the Joint Board No. MC 33278 (Sub-No. 13), filed operate as a common carrier, by motor waives its right to participate before January 18, 1965. Applicant: t.ef. vehicle, over irregular routes, transport­ Examiner Isadore Freidson. AMERICAN FREIGHT SYSTEM, INC., ing: Acids and chemicals, in bulk, in No. MC 108449 (Sub-No. 193), filed Commerce Building, 418 Olive Street, tank vehicles, from the Tri-City Re­ January 22, 1965. Applicant: INDIAN- St. Louis, Mo. Applicant’s attorney: gional Port District, in Madison County, HEAD TRUCK LINE, INC., 1947 West William B. Elmer, 22644 Gratiot Avenue, 111., to points in the United States (ex­ County Road C, St. Paul, Minn., 55113. Kaiser Building, East Detroit, Mich., cept Alaska and Hawaii). Applicant’s attorney: Glenn W. 48021. Authority sought to operate as Stephens, 121 West Doty Street, Madi­ Note: The purpose of this republication a common carrier, by motor vehicle, is to broaden the scope of the destination son 3, Wis. Authority sought to operate over regular routes, transporting: Gen­ territory and to set forth the hearing in­ as a common carrier, by motor vehicle, eral commodities, (except those of un­ formation as shown below. over irregular routes, transporting: Fer­ usual value, classes A and B explosives, tilizer, dry and liquid, acids and chem­ livestock, household goods as defined by HEARING: March 29, 1965, at the icals and fertilizer compounds, including the Commission, commodities in bulk, Pick-Mark Twain Hotel, 116 North but not limited to anhydrous ammonia, commodities requiring special equipment Eighth Street, St. Louis, Mo., before aqua ammonia, nitrogen fertilizer solu­ and those injurious or contaminating to Examiner Wm. N. Culbertson. tions, in bulk, in tank or hopper-type ve­ other lading), serving the plant site of No. MC 69833 (Sub-No. 75), filed hicles, from Fremont, Nebr., and points the Bethlehem Steel Co., Bums Harbor, February 1, 1965. Applicant: ASSO­ within ten (10) miles thereof, to points in Ind., located in Porter County, Ind., CIATED TRUCK LINES, INC., 15 Andre Illinois, Iowa, Kansas, Minnesota, Mis­ located on U.S. Highway 12, as an off- Street SE., Grand Rapids, Mich. Ap­ souri, North Dakota, and South Dakota, route point in connection with appli­ plicant’s attorney: RexEames, 1800 Buhl and damaged and rejected shipments, on cant’s regular route operations in Mis­ Building, Detroit, Mich., 48226. Au­ return. souri, Indiana, Illinois, Wisconsin, thority soqght to operate as a common HEARING: March 15, 1965, at the Michigan, Tennessee, Arkansas, and carrier, by motor vehicle, over irregular Hotel Sheraton Fontenelle, Omaha, Iowa. routes, transporting: Metals, used in Nebr., before Examiner James O’D. HEARING: March 3, 1965, In Room manufacturing, and metal products, in Moran. 908, Indiana Public Service Commission, bulk, between the plant site of Bethle­ No. MC 116325 (Sub-No. 21), filed New State Office Building, 100 North hem Steel Co., Burns Harbor, Porter January 18, 1965. Applicant: JEN­ Senate Avenue, Indianapolis, Ind., be­ County, Ind., on the one hand, and, on NINGS BOND, doing business as BOND fore Joint Board No. 72, or, if the Joint the other, (1) points in that part of ENTERPRISES, Post Office B ox 185, Board waives its right to participate be­ Michigan south of Saginaw Bay and a Lutesville, Mo. Applicant’s attorney: fore Examiner Isadore Freidson. line extending from Saginaw Bay along Herman W. Huber, 101 East High Street, No. MC 44300 (Sub-No. 14) j filed Jan­ Michigan Highway 247 to Bay City, Jefferson City, Mo. Authority sought to uary 22, 1965. Applicant: HESS CART­ Mich., thence along unnumbered high­ operate as a common carrier, by motor AGE COMPANY, a corporation, 17065 way via Auburn and Fisherville, Mich., vehicle, over irregular routes, transport­ Hess Avenue, Melvindale, Mich. Appli­ to junction Business U.S. Highway 10, ing: General commodities (except those cant’s attorney: Walter N. Bieneman, thence along Business U.S. Highway 10 of unusual value, classes A and B explo­ Suite 1700, One Woodward Avenue, De­ to junction Michigan Highway 20, thence sives, household goods as defined by the troit, Mich., 48226. Authority sought to along Michigan Highway 20 to Muske­ Commission, commodities in bulk and operate as a common carrier, by motor gon, Mich., including points on the those injurious or con tam in atin g to vehicle, over irregular routes, transport­ indicated portions of the highways other lading), from the plant site of ing: Steel and steel products, from the specified; and (2) points in that part of Bethlehem Steel Co., at or n ear Burns plant site of Bethlehem Steel Co., located Ohio north of a line extending from the Harbor, Ind., to points in Kentucky, at Bums Harbor, Ind., in Porter County, West Virginia-Ohio State line along U.S. Tennessee, Illinois, Iowa, Missouri, Ind., to points in Michigan and Ohio. Highway 30 to Canton, thence along Arkansas, Kansas, Oklahoma, ana HEARING: March 3, 1965, in Room U.S. Highway 62 to Columbus, thence "NTphriKlrii 908, Indiana Public Service-Commission, along U.S. Highway 40 to West Jeffer­ HEARING: March 3, 1965, in Room New State Office Building, 100 North son, thence along Ohio Highway 142 to 908, Indiana Public Service Commission, Senate Avenue, Indianapolis, Ind., before London, thence along U.S. Highway 42 New State Office Building, 100 Nortn Joint Board No. 9, or, if the Joint Board to Waynesville, thence along Ohio High­ Senate Avenue, Indianapolis, Ind., b®f°r waives its right to participate before way 73 to junction U.S. Highway 27 and Examiner Isadore Freidson. Examiner Isadore Freidson. thence along U.S. Highway 27 to the Ohio-Indiana State line, including No. MC 126889, filed January 18-l9°r°' No. MC 52751 (Sub-No. 44), filed Janu­ Applicant: GARY TRANSFER COM­ ary 25, 1965. Applicant: ACE LINES, points on the indicated portions of the highways specified. PANY, INC., 739 West Ridge Road, Gary, JNC., 4143 East 43d Street, Des Moines, Ind. Applicant’s attorney: Eugene h- Iowa, 50317. Applicant’s representative: HEARING: March 3, 1965, in Room William A. Landau, 1307 East Walnut 908, Indiana Public Service Commission, Cohn, 1 North La Salle Street, Chicag Street, Des Moines 16, Iowa. Authority New State Office Building, 100 North 2, 111. Authority sought to operate sought to operate as a common carrier, Senate Avenue, Indianapolis, Ind., be­ as a common carrier, by motor by motor vehicle, over irregular routes, fore Joint Board No. 9, or, if the Joint hide, over irregular routes, transport­ transporting: Iron and steel articles, Board waives its right to participate ing: General commodities (except from thdsite of the Bethlehem Steel Co., before Examiner Isadore Freidson. -of unusual value, classes A and B e p Wednesday, February 10, 1965 FEDERAL REGISTER 1907 sives, household goods as defined by the on the one hand, and, on the other, points and serving the junction of U.S. Commission, commodities in bulk, and points in California, Oregon, Washing­ Highways 190 and 71 for the purpose those requiring special equipm ent), be­ ton, Idaho, and Nevada. of joinder only, as an alternate route for operating convenience only in connec­ tween the plant site of the Bethlehem No t e : If a hearing is deemed necessary, Steel Co., Burns Harbor Plant, located in applicant requests it be held at Kansas City, tion with applicant’s authorized regu­ Porter County, Ind., and Chicago, 111. Mo. lar-route operations; and (2) between HEARING: March 3, 1965, in Room Alexandria, La., and Shreveport, La.; No. MC 623 (Sub-No. 73), filed Jan­ from Alexandria over U.S. Highway 71 to 908, Indiana Public Service Commission, uary 21, 1965. Applicant: H. MESSICK, New State Office Building, 100 North Shreveport (also from Alexandria over INC., Post Office Box 214, Joplin, Mo. Louisiana Highway 1 to Shreveport), and Senate Avenue, Indianapolis, Ind., before Applicant’s attorney: Turner White III, joint Board No. 21, or, if the Joint Board return over the same route, serving no 805 Woodruff Building, Springfield, Mo., intermediate points, as an. alternate waives its right to participate, before 65806. Authority sought to operate as Examiner Isadore Freidson. route for operating convenience only in a contract carrier, by motor vehicle, over connection with applicant’s authorized By the Commission. irregular routes, transporting: Explo­ regular-route operations. sives, blasting agents, blasting materials [seal] B ertha F. Armes, No te: Applicant states that (1) above is and supplies, between the plant site of to be restricted against the handling of Acting Secretary. the Hercules Powder Co. at or near Car­ freight received in interchange at Baton [F.R. Doc. 65-1435; Piled, Feb. 9, 1965; thage, Mo., on the one hand, and, on Rouge, La., destined to Alexandria, La., 8:48 a.m.] the other, points in New Mexico. or received in interchange at Alexandria, La., No t e : If a hearing is deemed necessary, destined to Baton Rouge, La., and (2) above applicant requests it be held at Kansas City, is to be restricted against the handling of [Notice 730] Mo. freight received in interchange at Shreve­ port, La., destined to Alexandria, La., or MOTOR CARRIER, BROKER, WATER No. MC 2226 (Sub-No. 95), filed No­ received in interchange at Alexandria, La., CARRIER AND FREIGHT FORWARD­ vember 23, 1964. Applicant: RED AR­ destined to Shreveport, La. Common con­ trol may be involved. If a hearing is deemed ER APPLICATIONS ROW FREIGHT LINES, INC., 5307 Broadway, Post Office Box 1897, San necessary, applicant requests it be held at F ebruary 5,1965. Antonio 6, Tex. Applicant’s -attorney: Baton Rouge, La. The following applications are gov­ Reagan Sayers, Century Life Building, No. MC 4405 (Sub-No. 424), filed Jan­ erned by Special Rule 1.2471 of-the Com­ Fort Worth, Tex., 76102. Authority uary 19, 1965. Applicant: DEALERS mission’s general rules of practice (49 sought to operate as a common carrier, TRANSIT, INC., 13101 South Torrence CFR 1.247), published in the F ederal by motor vehicle, over regular routes, Avenue, Chicago 33, 111. Applicant’s at­ Register, issue of December 3, 1963, ef­ transporting: General commodities (ex­ torney: James W. Wrape, Sterick Build­ fective January 1, 1964. These rules cept those of unusual value, household ing, Memphis, Tenn. Authority sought provide, among other things, that a pro­ goods as defined by the Commission, to operate as a common carrier, by test to the granting of an application commodities in bulk, and those requir­ motor vehicle, over irregular routes, must be filed with the Commission with­ ing special equipment), (1) serving the transporting: Trailers, other than those in 30 days after date of notice of filing plant site of Magcobar Minerals, Inc., designed to be drawn by passenger auto­ of the application is published in the located approximately nine (9) miles mobiles, in initial movements, in truck- Federal Register. Failure seasonably northeast of Kosse, Tex., as an off-route away service, from Shreveport, La., and to file a protest will be construed as a point in connection with applicant’s points within 10 miles thereof, to points waiver of opposition and participation presently authorized regular-route op­ in the United States, excluding Alaska in the proceeding. A protest under these erations, (2) between Kosse and Waco, and Hawaii. rules should comply with § 1.40 of the Tex.; from Kosse over Texas Highway No t e : If a hearing is deemed necessary, general rules of practice which requires 7 to Marlin, Tex., thence over Texas applicant requests it be held at Shreveport, that it set forth specifically the grounds Highway 6 to Waco, and return over the La., or Dallas, Tex. upon which it is made and specify with same route, serving no intermediate particularity the facts, matters, and points, as an alternate route for operat­ No. MC 5117 (Sub-No. 12), filed Jan­ things relied upon, but shall not include ing convenience only in connection with uary 15, 1965. Applicant: VAN SOM- issues or allegations phrased generally. applicant’s regular-route operations, and EREN TRANSFER, INC., Post Office Protests not in reasonable compliance (3) between Kosse and Centerville, Tex., Box 94, Baldwin, Wis. Applicant’s with the requirements of the rules may over Texas Highway 7, serving no in­ representative: A. R. Fowler, 2288 be rejected. The original and six (6) termediate points, except the plant site University Avenue, St. Paul 14, Minn. copies of the protests shall be filed with of Magcobar Minerals, Inc., with author­ Authority sought to operate as a com­ the Commission, and a copy shall be ity to accomplish joinder and perform mon carrier, by motor vehicle, over reg­ served concurrently upon applicant’s physical connection within existing route ular routes, transporting: General com­ representative,-or applicant if no repre­ at Marquez, Tex. modities (except those of unusual value, sentative is named. If the protest in­ classes A and B explosives, manufactured No t e : If a hearing is deemed necessary, fertilizer, household goods as defined by cludes a request for oral hearing, such applicant requests it be held at Houston, request shall meet the requirements of Tex. the Commission, commodities in bulk, § 1.247(d) (4) of the special rule. Subse­ and commodities requiring special equip­ quent assignment of these proceedings No. MC 2900 (Sub-No. 113), filed Jan­ ment), serving Woodville, Wis., as an tor oral hearing, if any, will be by Com­ uary 18, 1965. Applicant: RYDER off-route point in connection with appli­ mission order which will be served on TRUCK LINES, INC., Post Office Box cant’s authorized regular-route opera­ each party of record. 2408, Jacksonville, Fla., Applicant’s at­ tion between St. Paul, Minn., and Bald­ No. MC 623 (Sub-No. 72), filed Jan- torney: Harold R. Ainsworth, 2307 win, Wis. uary 21,1965. Applicant: H. MESSICK, American Bank Building, New Orleans 12, La. Authority sought to operate as No t e : If a hearing is deemed necessary, An I- Post ° fflce Box 214> Joplin, Mo. applicant requests it be held at Minneap­ »ns att°mey: Turner White III, a common carrier, by motor vehicle, over olis, Minn. «nan« '00£ruff Building, Springfield, Mo., regular routes, transporting: General n Authority sought to operate as commodities (except those of unusual No. MC 15167 (Sub-No. 31), filed Jan­ value, household goods as defined by the uary 22, 1965. Applicant: CULLUM i ^ carrier, by motor vehicle, over TRUCKING CO., a corporation, 1281 sirpf1*.^ / outes> transporting: Explo- Commission, commodities in bulk, com­ ami a9ents, blasting materials modities requiring special equipment and West Side Avenue, Jersey City, N.J. Ap­ Hpmut\PP^es' between the plant site of those injurious or contaminating to other plicant’s attorney: Charles J. Williams, jo u le s Powder Co., near Carthage, Mo., lading), (1) between Baton Rouge, La., 1060 Broad Street, Newark 2, N.J. Au­ and Alexandria, La.; from Baton Rouge thority sought to operate as a contract carrier, by motor vehicle, over irregular o b t Ä iSH0f Special Rule 1.241 over U.S. Highway 190 to junction U.S. state d 7 to the Secret* Highway 71, thence over U.S. Highway routes, transporting: Vegetable oils, in D.C., 20423merCe Commission> W. 71 to Alexandria and return over the bulk, in tank vehicles, from the plant same route, serving no intermediate site of the El Dorado Terminals Corpora- 1908 NOTICES tion in Bayonne, N.J., to points in Con­ in that part of Texas on and west of a MCC 209, as modified in 61 MCC 766 necticut, Delaware, Maryland, Massa­ line beginning at Laredo, Tex., and ex­ (except hides and commodities in bulk, chusetts, New York, New Jersey, Penn­ tending along U.S. Highway 81 to Bowie, in tank vehicles) between (1) Columbus sylvania, Rhode Island, and the District Tex., thence along UJS. Highway 287 to Junction, Iowa, and points in Minnesota, of Columbia. RESTRICTION: The Vernon, Tex., thence along U.S. Highway (2) Columbus Junction, Iowa and points above service is restricted to a service 283 to the Texas-Oklahoma State line. in that part of South Dakota on and east to be performed under a continuing con­ Note: Applicant states no duplicating au­ of the Missouri River, (3) Columbus tract, or contracts, with the Bunge thority is sought. If a hearing is deemed Junction, Iowa and Omaha, Nebr., and Corporation. necessary, applicant requests it be held at (4) Columbus Junction, Iowa, and Sioux No te: If a hearing is deemed necessary, Lubbock or Dallas, Tex. City, Iowa. applicant requests it be held at Newark, N.J., No. MC 28573 (Sub-No. 27), filed Jan­ No t e : Common control may be involved. or New York, N.Y. uary 21, 1965. Applicant: GREAT If a hearing is deemed necessary, applicant No. MC 19778 (Sub-No. 69), filed Jan­ NORTHERN RAILWAY COMPANY, a requests it be held at Minneapolis, Minn. uary 19, 1965. Applicant: THE MIL­ corporation, 175 East Fourth Street, St. No. MC 55236 (Sub-No. 101), filed Jan­ WAUKEE MOTOR TRANSPORTA­ Paul 1, Minn. Applicant’s attorney: E. uary 21, 1965. Applicant: OLSON TION COMPANY, a corporation, 516 B. Trousdale., (same address as appli­ TRANSPORTATION COMPANY, a cor­ West Jackson Boulevard, Chicago, 111., cant). Authority sought to operate as poration, 1970 South Broadway, Green 60606. Applicant’s attorney: Robert F. a common carrier, by motor vehicle, over Bay, Wis. Authority sought to operate Munsell (same address as applicant). irregular routes, transporting: General as a common carrier, by motor vehicle, Authority sought to operate as a common commodities, between Galata, Devon, over irregular routes, transporting: carrier, by motor vehicle, over irregular Dunkirk, Shelby, Sweet Grass Junction, Chemicals, in bulk, from South Beloit, routes, transporting: Sand, from Ethridge, Naismith, Kevin, Sunburst, 111., to points in Iowa, Kansas, Michigan, Hawarden, Iowa, to points in South Sweet Grass, Brady, Conrad, Ledger, Minnesota, New Jersey, New York, Okla­ Dakota. Fowler, and Pendroy, Mont., on the one homa, and Wisconsin. hand, and, on the other, points in Toole, No t e : I f a hearing is deemed necessary, N o t e : If a hearing is deemed necessary, ap­ applicant requests it be held at Sioux City, Pondera, Teton, and Chouteau Counties, plicant requests it be held at Madison, Wis. Iowa. Mont., including Intercontinental Ballis­ tic Missile Launching sites therein. No. MC 55811 (Sub-No. 82), filed Jan­ No. MC 19778 (Sub-No. 70), filed Jan­ uary 25, 1965. Applicant: CRAIG N o te: Applicant states the shipments uary 25, 1965. Applicant: THE MIL­ transported shall be limited to those having TRUCKING, INC., Albany, Ind. Appli­ WAUKEE MOTOR TRANSPORTATION an immediately prior or an immediately sub­ cant’s attorney: Howell Ellis, Suite 616- COMPANY, a corporation, 516 West sequent movement by railroad from or to 618 Fidelity Building, 111 Monument Jackson Boulevard, Chicago, 111., 60606. points served by the Great Northern Rail­ Circle, Indianapolis 4, Ind. Authority Applicant’s attorney: Robert F. Munsell way Company. Applicant is also authorized sought to operate as a common carrier, (same address as applicant). Authority to transport passengers in Docket MC 28572 by motor vehicle, over irregular routes, sought to operate as a common carrier, and Subs thereto. If a hearing is deemed transporting: Bakery goods, from the by motor vehicle, over irregular routes, necessary, applicant requests it be held at plant site of the Kellogg Company at transporting: Iron and steel articles, Great Falls, Mont. Battle Creek, Mich., to points in Indiana, cement, contractors’ equipment, tools No. MC 32166 (Sub-No. 4), filed Janu­ Illinois, Ohio, that part of Iowa within and supplies, electrical equipment, in­ ary 21, 1965. Applicant: P. H. BRO- 10 miles of the Iowa-Illinois State line, cluding wire and commodities which by NAUGH, doing business as BRONAUGH that part of Missouri within 10 miles of reason of weight or size require special MOTOR EXPRESS, 1143 Winchester the Missouri-Illinois State line, that part handling or special equipment, (1) be­ Road, Lexington, Ky. Applicant’s at­ of Kentucky within 10 miles of the Ken­ tween Lewistown, Harlowton, Denton, torney: Robert M. Pearce, 221 St. Clair tucky-Illinois State line, the Kentucky- Great Falls, Fairfield, Roy, Winifred, Street, Frankfort, Ky. Authority sought Indiana State line, and the Kentucky- Grass Range, Agawam, Choteau, and to operate as a common carrier, by motor Ohio State line, that part of West Vir­ Farmington, Mont., on the one hand, vehicle, over regular routes, transport­ ginia within 10 miles of the West and, on the other, ICBM missile sites lo­ ing: Explosives, including but not limited Virginia-Ohio State line, that part of cated in Pondera and Toole Counties, to classes A and B explosives, between Pennsylvania within 10 miles of the Mont., and (2) between Agawam, Lexington, Ky., and Fort Estill, Ky. Pennsylvania-Ohio State line, points in Choteau, and Farmington, Mont., on the (Blue Grass Ordnance Depot); (1) from Allegheny, Beaver, Butler, Lawrence, one hand, and, on the other, ICBM mis­ Lexington over Interstate Highway 75 Mercer, and Washington Counties, Pa., sile sites located in Choteau and Teton to junction access road, and thence over and Jeannette, Schenley and South Counties, Mont., restricted to shipments access road to Fort Estill, and (2) from Connellsville, Pa., and points within 10 receiving an immediately prior or subse­ Lexington over U.S. Highway 25 to junc­ miles of Jeannette, Schenley and South quent rail haul by the Chicago, Milwau­ tion access road, and thence over access Connellsville, Pa. kee, St. Paul & Pacific Railroad Com­ road to Fort Estill, and return over the No te: If a h e a rin g is deem ed necessary, pany. same routes, serving no intermediate applicant requests it be held at Washington, N o t e : If a hearing is deemed necessary, points. D.O. applicant requests It be held at Great Falls, Note: If a hearing is deemed necessary, ap­ No. MC 61396 (Sub-No. 122), filed Mont. plicant requests it be held at Frankfort, Lex­ ington, or Louisville, Ky. January 18, 1965. Applicant: HERMAN No. MC 22046 (Sub-No. 12), filed Jan­ BROS. INC., 2501 North 11th Street, uary 19, 1965. Applicant: W. M. No. MC 52964 (Sub-No. 9), filed Janu­ Omaha, Nebr. Applicant’s attorney. (BILLY) WALKER, INC., 129 South ary 21, 1965. Applicant: EUGENE PI- Donald L. Stearn, 924 City National Grimes Street, Hobbs, N. Mex., 88240. KOVSKY, doing business as FREIGHT Bank Building, Omaha, Nebr. Authority Applicant’s attorney: Austin L. Hatchell, TRANSIT CO., 2690 North Prior Avenue, sought to operate as a common carrte, 1009 Perry-Brooks Building, Austin 1, St. Paul, Minn. Applicant’s attorney: by motor vehicle, over irregrular route j Tex. Authority sought to operate as a William S. Rosen, 400 Minnesota Build­ transporting: Commodities in bulk ha - common carrier, by motor vehicle, over ing, St. Paul, Minn., 55101. Authority ing prior or subsequent moyenient y irregular routes, transporting: Machin­ sought to operate as a common carrier, water, and damaged or rejected s v ery, equipment, materials, supplies, and by motor vehicle, over irregular routes, m e n ts, between points in Iowa, Nebras, pipe used in, or incidental to or in con­ transporting: Meats, meat products, Kansas, Missouri, Minnesota, n nection with, the construction, operation, meat byproducts, packinghouse products, Dakota, and South Dakota. repair, servicing, maintenance and dis­ commodities used by packinghouses, No t e : If a h e a rin g is deemed necessary, mantling of pipelines other than pipe­ articles distributed by meat packing­ applicant requests it be held at Oman , lines used for the transmission of natural houses, and such commodities as are used gas and petroleum and petroleum prod­ by meat packers in the conduct of their No. MC 64932 (Sub-No. ucts, including the stringing and picking business as described in Appendix I, to January 19, 1965. Applicant: t up thereof, between points in New the report in Descriptions in Motor Car­ CARTAGE CO., a corporation, l«» ™ Mexico, Oklahoma, Colorado, and points rier Certificates, Ex Parte, MC-45, 61 103d Street, Chicago, 111. Applicant s Wednesday, February 10, 1965 FEDERAL REGISTER 1909 torney: Carl Steiner, 39 South La Salle sas, Oklahoma, South' Dakota, and of unusual value, dangerous explosives, Street, Chicago 3, 111. Authority sought North Dakota, and damaged and re­ household goods as defined in Practices to operate as a common carrier, by motor jected shipments of the above commodi­ of Motor Common Carriers of Household vehicle, over irregular routes, transport­ ties, on return. Goods, 17 MCC 467, commodities in bulk, ing: Liquid dextrose, in bulk, in tank ve­ No te: Applicant states that the above pro­ and commodities requiring special equip­ hicles, from Decatur, 111., to points in posed operation will be restricted to traffic ment), (1) between Ashland, Ohio and Illinois, Indiana, Iowa, Kentucky, Michi­ originating at the plant site and/or cold junction U.S. Highways 250 and 30, over gan, Minnesota, Missouri, Ohio, Tennes­ storage facilities utilized by Platte Valley U.S. Highway 250, (2) between Bucyrus see, and Wisconsin. Packing Company in Dawson County, Nebr. and Marion, Ohio, over Ohio Highway 4, If a hearing is deemed necessary, applicant (3) between Marion and Mount Gilead, Note: If a hearing is deemed necessary, requests it be held at Denver, Colo. applicant requests it be held at Chicago, 111. Ohio, over Ohio Highway 95, (4) between No. MC 69492 (Sub-No. 26), filed Jan­ Upper Sandusky, Ohio and junction No. MC 64932 (Sub-No. 369), filed Jan­ uary 25, 1965. Applicant: HENRY ED­ U.S. Highways 224 and 23, over U.S. uary 21, 1965. Applicant: ROGERS WARDS, doing business as HENRY ED­ Highway 23, and (5) (a) between Mans­ CARTAGE CO., a corporation, 1439 West WARDS TRUCKING COMPANY, Post field and Shelby, Ohio, over Ohio High­ 103d Street, Chicago, HI. Applicant’s Office Box 97, Clinton, Ky. . Applicant’s way 39, and (b) between Shelby and attorney: David Axelrod, 39 South La attorney: Walter Harwood, Nashville New Haven, Ohio, over Ohio Highway 61, Salle Street, Chicago 3, 111. Authority Bank & Trust Building, Nashville 3, as alternate routes for operating con­ sought to operate as a common carrier, Tenn. Authority sought to operate as a venience only in connection with ap­ by motor vehicle, over irregular Routes, common carrier, by motor vehicle, over plicant’s regular-route operations, and transporting: Spent sulphuric acids and irregular routes, transporting: General serving no intermediate points, and serv­ chemicals, in bulk, in tank vehicles, from commodities (except those of unusual ice requested for joinder purposes only Lafayette, Ind., to points in Illinois, value, classes A and B explosives, house­ with present authorized regular routes. Ohio, and Indiana. hold goods, commodities requiring spe­ No t e : If a hearing is deemed necessary, Note: If a hearing is deemed necessary, cial equipment, and those injurious or applicant requests it be held at Cleveland applicant requests it be held at Chicago, 111. contaminating to other lading), between or Columbus, Ohio. Arlington and Clinton, Ky., on the one No. MC 64932 (Sub-No. 370), filed Jan­ No. MC 78786 (Sub-No. 257), filed uary 21, 1965. Applicant: ROGERS hand, and, on the other hand, Memphis, Tenn. January 18, 1965. Applicant: PACIFIC CARTAGE CO., a corporation, 1439 West MOTOR TRUCKING COMPANY, a cor­ 103d Street, Chicago, 111. Applicant’s Note : Applicant states above authority poration, 9 Main Street, San Francisco, attorney: David Axelrod, 39 South La will be restricted against tacking with car­ Calif., 94105. Applicant’s attorney: Salle Street, Chicago 3, 111. Authority rier’s other presently held authority. If a James J. Trabucco, 65 Market Street, San sought to operate as a common carrier, hearing is deemed necessary, applicant re­ quests it be held at Nashville, Tenn. Francisco, . Calif., 94105. Authority by motor vehicle, over irregular routes, sought to operate as a common carrier, transporting: Spent phosphoric acid, in No. MC 71067 (Sub-No. 9), filed Jan­ by motor vehicle, over regular routes, bulk, in tank vehicles, from Alma, Char­ transporting: Classes A and B explosives, lotte, Detroit, Grand Rapids, Ionia, Jack- uary 18, 1965. Applicant: VAN GORP son, and Riga, Mich., Cynthiana, and VAN SERVICE, INC., 994 Longfield Ave­ in express service, between San Jose, Louisville, Ky., to points in Indiana and nue, Louisville, Ky. Applicant’s attor­ Calif., and Los Angeles, Calif.; from San Ohio, (2) from Indianapolis and Bed­ ney: Ollie L. Merchant, Suite 202, 140 Jose over U.S. Highway 101 to Los ford, Ind., to points in Ohio, and (3) South Fifth Street, Louisville, Ky., 40202. Angeles and return over the same route, from Columbus, Elyria, Sidney, and Authority sought to operate as a com­ serving all intermediate points and the Wauseon, Ohio, to points in Indiana. mon carrier, by motor vehicle, over ir­ off-route point of Hollister, Calif. regular routes, transporting: Livestock, N o te: Applicant states that the above Note: If a hearing is deemed necessary, other than ordinary livestock, and in the proposed operation will be subject to the applicant requests it be held at Chicago, 111. same vehicle with livestock, mascots, per­ following restrictions: (1) The service to No. MC 65697 (Sub-No. 32) (CLAR1 sonal effects of attendants, trainers, and be performed by applicant shall be limited PICATION), filed July 31, 1964, pul exhibitors, and supplies and equipment, to that which is auxiliary to or supple­ used in the care and maintenance of such mental of express service of the Railway Ex­ lished in Federal R egister issue of Fel livestock, between points in Alabama, press Agency; (2) shipments transported by ruary 3, 1965, and republished i applicant shall be limited to those moving clarified this issue. Applicanl Arizona, Arkansas, California, Colorado, on through bills of lading or express receipts; THEATRES SERVICE COMPANY, Delaware, Florida, Georgia, Illinois, In­ and (3) such further specific conditions as corporation, 830 Willoughby Way NE diana, Kansas, Kentucky, Louisiana, the Commission, in the future, may find Atlanta, Ga. Applicant’s attome3 Maryland, Massachusetts, Michigan, necessary to impose in order to restrict ap­ David A. Sutherlund, 1120 Connectici Mississippi, Missouri, Nebraska, New plicant’s operations to a service which is Hampshire, New Jersey, New York, North auxiliary to or supplemental of express serv­ Avenue NW., Washington, D.C., 2003 ice of the Railway Express Agency. Appli­ Route (7), shown in the previous publ Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennes­ cant is a wholly,owned and controlled sub­ cation, should read: Between Atlanl sidiary of Southern Pacific Company, a Municipal Airport at or near Atlant see, Texas, Virginia, West Virginia, and carrier by railroad. Applicant is also au­ and Points in Georgia, Alabam the District of Columbia. thorized to conduct operations as a contract worth Carolina and Tennessee. Poin No t e : Applicant states that it seeks by carrier in Permit No. MC 78787 and subs !n,T.ennessee were inadvertently omi this application to enlarge its present au­ thereunder, therefore dual operations may be ««a from the specified heading only. thority to make all inclusive in one com­ involved. If a hearing is deemed necessary, No. MC 68539 (Sub-No. 13), filed Jar modity description the several commodity applicant requests it be held at San Jose, descriptions specified in its present certifi­ Calif. 18, 1965. Applicant: ROMAN cates of public convenience and necessity, MOTOR FREIGHT, INC., Ord, Neb and to eliminate the necessity of observing No. MC 79496 (Sub-No. 2) , filed Jan­ attorney: J. Max Hardin circuitous routing as a result of “tacking” uary 19,1965. Applicant: WHITE STAR cox 2028, Lincoln, Nebr., 68501. Ax between component parts of the territorial VAN AND STORAGE, INC., 3324 Smith y sought to operate as a commc applications of its present certificates. Ap­ Street, Everett, Wash. Applicant’s rep­ r . er* by motor vehicle, over irreguli plicant seeks no duplicating authority by resentative: Stan Score (same address es’ transporting: Meats, meat proi the application herein. If a hearing is as applicant). Applicant’s attorney: byproducts, and articles di deemed necessary, applicant requests it be George R. LaBissoniere, 33 Central toroid meat Packinghouses as d< held at Louisville, Ky. Building, Seattle 4, Wash. Authority ApPen d ix 1 to the report : No. MC 72444 (Sub-No. 19), filed Jan­ sought to operate as a common carrier, cntZiPH0nf ln Motor Carrier Certi) uary 21, 1965. Applicant: AKRON- by motor vehicle, over irregular routes, liauirt«! * ?09 and 766 (excej CHICAGO, INC., 1016 Triplett Boule­ transporting: Household goods, as de­ hidMi f* kulk. in tank vehicles, ar vard, Akron, Ohio. Authority sought to fined in Practices of Motor Common Vallpv’ x? 01?1- p*ant site of Plat operate as a common carrier, by motor Carriers of Household Goods, 17 M.C.C. Dawson oaCki?g ComPany, located : vehicle, over regular routes, transport­ 467, between points in Washington, re­ awson c °unty, Nebr., to points in Kai in g :General commodities (except those stricted to shipments having a prior or 1910 NOTICES

subsequent movement beyond Washing­ No. MC 83539 (Sub-No. 136), filed part of Ohio south of U.S. Highway 40, ton, in specially designed containers and January 25, 1965. Applicant: C & H and that part of Kentucky on and east further restricted to pickup and delivery TRANSPORTATION CO., INC., 1935 of a line beginning at the Kentucky- service incidental to and in connection West Commerce Street, Post Office Box Ohio State line and extending along with the packaging, crating, and con­ 5976, Dallas, Tex., 75222. Applicant’s U.S. Highway 25 to junction U.S. High­ tainerization or unpacking, uncrating, attorney: W. T. Brunson, 419 Northwest way 25-W, and thence along U.S. High­ and decontainerization of such ship­ Sixth Street, Oklahoma City, Okla. way 25-W to the Kentucky-Tennessee ments. Authority sought to operate as a com­ State line. mon carrier, by motor vehicle, over ir­ Note: If a hearing is deemed necessary, Note: If a hearing Is deem ed necessary, applicant requests It be held at Seattle, regular routes, transporting: Pipe and applicant requests It be held at Washington Wash. pipe fittings, cast iron meter boxes, man­ D.C. hole frames and manhole covers (except No. MC 80428 (Sub-No. 41), filed Jan­ those which because of size or weight No. MC 93439 (Sub-No. 8), filed Janu­ uary 26, 1965. Applicant: McBRIDE require the use of special equipment, and ary 19, 1965. Applicant; McCLATCHY TRANSPORTATION, INC., Main Street, except pipe and pipe fittings such as are BROS., INC., Post Office Box 4126, Mid­ Goshen, N.Y. Applicant’s attorney: included in the first findings of the Com­ land, Tex. Applicant’s attorney: Austin Martin Werner, 2 West 45th Street, New mission in T. E. Mercer and G. E. Mercer L. Hatchell, Suite 1102, Perry-Brooks York 36, N.Y. Authority sought to op­ Extension—Oil Field Commodities, 74 Building, Austin 1, Tex. Authority erate as a common carrier, by motor ve­ M.C.C. 459, and 543), from Swan, Tex. sought to operate as a common carrier, hicle, over irregular routes, transporting: to points in Indiana, Michigan and by *motor vehicle, over irregular routes! Liquid sugar, invert sugar, syrups, blends Ohio. transporting: Machinery, equipment, or mixtures of syrups and sugar, in bulk, materials, supplies and pipe, used in, or Note: Applicant states that the authority in tank vehicles, from town of Monte­ herein sought will permit shipper greater incidental to or in connection with the zuma, Cayuga County, N.Y., to points in flexibility In combining shipments for stop­ construction, operation, repair, servic­ Connecticut, Delaware, District of Co­ ping in transit for partial unloading in con­ ing, maintenance and dismantling of lumbia, Maine, Maryland, Massachu­ nection with like authority held by applicant pipelines (other than pipelines used for setts, Michigan, New Hampshire, New to points in surrounding states in MC 83539, the transmission of natural gas and Jersey, New York, Ohio, Pennsylvania, Sub 126. If a hearing is deemed necessary, petroleum and petroleum products, in­ Vermont, Virginia, Rhode Island, and applicant requests it be held at Washington, cluding the stringing and picking up West Virginia, and returned, refused, and D.C., or Dallas, Tex. thereof), (1) Between points in Okla­ rejected shipments of the above com­ No. MC 88368 (Sub-No. 10), filed Jan­ homa and Kansas; (2) between points in modities, on return. uary 19, 1965. Applicant: SUNVAN Oklahoma, on the one hand, and, on the LINES, INC., 104 Northwest 36th, other, points in Texas; and (3) between Note: If a hearing is deemed necessary, points in Texas and points in Lea, Eddy, applicant requests it be held at Washington, Seattle, Wash. Applicant’s attorney: D.C. George R. LaBissoniere, 333 Central Quay, Chaves, Roosevelt* and Curry Building, Seattle, Wash. Authority Counties, N. Mex. No. MC 80428 (Sub-No. 42), filed Jan­ sought to operate as a common carrier, N ote: If a hearing Is deemed necessary, uary 27, 1965. Applicant: McBRIDE by motor vehicle, over irregular routes, applicant requests it be held at Lubbock or TRANSPORTATION, INC., Main Street, transporting: Household goods, as de­ Dallas, Tex. Goshen, N.Y. Applicant’s attorney: fined by the Commission in 17 M.C.C. No. MC 94350 (Sub-No. 53), filed Jan­ Martin Werner, 2 West 45th Street, New 467, between points in California. uary 18, 1965. Applicant: TRANSIT York 36, N.Y. Authority sought to op­ Note: If a hearing is deemed necessary, HOMES, INC., 210 West McBee Avenue, erate as a common carrier, by motor applicant requests it be held at Los Angeles, Post Office Box 1628, Greenville, S.C. vehicle, over irregular routes, transport­ Calif. Applicant’s attorney: Henry P. Willimon, ing: Dry feed, dry feed ingredients, and No. MC 89523 (Sub-No. 6), filed Jan­ Post Office Box 1075, Greenville, S.C. dry feed additives, in straight or mixed uary 18, 1965. Applicant: MID-STATES Authority sought to operate as a common shipments, in bags or in bulk, (1) from TRUCKING CO., a corporation, 2517 carrier, by motor vehicle over irregular Buffalo, N.Y. to points in Pennsylvania, North Grand, Enid, Okla. Applicant’s routes, transporting: Trailers designed and (2) from Binghamton, N.Y. to points attorney: Donald E. Leonard, Box 2028, to be drawn by passengers automobiles, in Pennsylvania on and east of U.S. Lincoln, Nebr., 68501. Authority sought in initial movements, from points in Highway 15, and returned, refused and to operate as a contract carrier, by motor Shelby County, Term., to points in the rejected shipments of the above com­ vehicle, over irregular routes, trans­ United States, including Alaska and modities, on return. porting: Malt beverages in containers, Hawaii, and damaged and rejected ship­ ments on return. Note: If a hearing Is deemed necessary, (1) from Golden, Colo., to Lawton, Altus applicant requests it be held at Washington, and Ardmore, Okla., under continuing Note: If a hearing is deemed necessary, D.C. contract with Southwest Sales of Okla­ applicant requests it be held at NashvUle, homa, Inc.; (2) from Golden, Colo., to Tenn. No. MC 83539 (Sub-No. 130), filed Blackwell and Stillwater, Okla., under January 18, 1965. Applicant: C & H No. MC 95876 (Sub-No. 39), filed Jan­ continuing contract with J. K. Boersma uary 25, 1965. Applicant: ANDERSON TRANSPORTATION CO., INC., 1935 Beverage Distributor; and (3) from TRUCKING SERVICE, INC., 203 Cooper West Commerce Street, Post Office Box Kansas City, Kans., to Blackwell, Okla., 5976, Dallas, Tex., 75222. . Applicant’s Avenue North, St. Cloud, Minn. Appli­ under continuing contract with J. K. cant's attorney: Donald A. Morken, 1000 attorney: W. T. Brunson, 419 Northwest Boersma Beverage Distributor. Pirst National Bank Building, Minneapo­ Sixth Street, Oklahoma City, Okla. Au­ lis, Minn., 55402. Authority sought to thority sought to operate as a common Note: If a hearing Is deemed necessary, carrier, by motor vehicle, over irregular applicant requests it be held at Oklahoma jperate as a common carrier, by motor City, Okla. vehicle, over irregular routes, transport- routes, transporting: Plywood, from the ng: Granite, between points in Llano plantsite of Angelina Plywood Co. lo­ No. MC 93003 (Sub-No. 41), filed Jan­ md Gillespie Counties, Tex., on the one cated at or near Keltys, Tex., to points in uary 18, 1965. Applicant: CARROLL land, and, on the other points in Bum e Connecticut, Delaware, the District of TRUCKING COMPANY, a corporation, bounty, Tex. Columbia, Georgia, Illinois, Indiana, 4901 U.S. Route 60, East, Huntington, Iowa, Kansas, Kentucky, Maryland, W. Va. Authority sought to operate as Note: A pplicant does n ot specify place of Massachusetts, Michigan, Minnesota, a common carrier, by motor vehicle, over rearing, if one is deemed necessary. Missouri, Nebraska, New Jersey, New irregular routes, transporting: Articles, No. MC 99798 (Sub-No. 5), fil^d York, Ohio, Oklahoma, Pennsylvania, each weighing 15,000 pounds or more, lary 18, 1965. Applicant: DODu Rhode Island, Tennessee, Virginia, West self propelled or not, and not requiring TRUCK LINE, INC., 623 Lincoin, We Virginia, and Wisconsin. special equipment, together with related Plains, Mo. Applicant’s attorney: ft Note: If a hearing is deemed necessary, machinery, tools, parts and supplies iV. Taylor, Jr., 1012 Baltimore Bulimy- applicant requests it be held at Washington, moving in connection therewith, be­ Kansas City 5, Mo. Authority sought D.C., or Dallas, Tex. tween points in West Virginia, and that iperate as a common carrier, by 'Wednesday, February 10, 1965 FEDERAL REGISTER 1911 vehicle, over regular routes, transport­ approximately 10 miles west of Ellington, in Ohio, and (3) from Columbus, Elyria, ing: General commodities (except those Mo., ahd St. Louis, Mo.; (a) from the Sidney, and Wauseon, Ohio, to points in of unusual value, classes A and B explo­ plant or mine site of Ozark Lead Corp. Indiana. sives, household goods as defined by the approximately 10 miles west of Elling­ Note : If a hearing is deemed necessary, ap­ Commission, commodities in bulk, com­ ton, over unnumbered county roads to plicant requests it be held at St. Louis, Mo. junction Missouri Highway 21, thence m odities requiring special equipment, No. MC 106775 (Sub-No. 20), filed Jan­ and those injurious or contaminating to over Missouri Highway 21 to St. Louis and return over the same route, serving uary 18, 1965. Applicant; HEAVY other lading), (1) between the plant or HAULERS, INC., 9520 Easthaven Boule­ mine site of Ozark Lead Corp. approx­ no intermediate points; and (b) from the plant or mine site of Ozark Lead Corp. vard, Houston, Tex., 77060. Applicant’s imately 10 miles west of Ellington, Mo., attorney: James W. Hightower, Wynne- and Piedmont, Mo.; from the plant or approximately 10 miles west of Ellington, over unnumbered county roads to junc­ wood Professional Building, Dallas 24, mine site of Ozark Lead Corp. approxi­ Tex. Authority sought to operate as mately 10 miles west of Ellington, over tion Missouri Highway 21, thence over Missouri Highway 21 to junction Mis­ a common carrier, by motor vehicle, over unnumbered county roads to junction irregular routes, transporting: Pipe, pipe Missouri Highway 21, thence over Mis­ souri Highway 32, thence over Missouri souri Highway 21 to junction Missouri Highway 32 to junction U.S. Highway fittings, pipe connections and pipe cou­ Highway 34. 67, thence over U.S. Highway 67 to St. plings (except those used in or in connec­ Thence over Missouri Highway 34 to Louis and return over the same route, tion with the discovery, development, serving no intermediate points. production, refining, manufacturing, Piedmont and return over the same processing, storage, transmission and route, serving no intermediate points; Note: If a hearing is deemed necessary, ap­ (2) between the plant or mine site of plicant requests it be held at St. Louis, Mo., distribution of natural gas and petroleum Ozark Lead Corp. approximately 10 miles or Washington, D.O. and their products and byproducts), west of Ellington, Mo., and Van Buren, from Lone Star and Bond, Tex., to points Mo.; (a) from the plant or mine site of No. MC 102616 (Sub-No. 756), filed in Alabama, Florida, Georgia, and Ten­ Ozark Lead Corp. approximately 10 miles January 18,1965. Applicant: COASTAL nessee, and returned and rejected ship­ TANK LINES, INC., 501 Grantley Road, ments thereof, on return. west of Ellington, over unnumbered York, Pa. Applicant’s attorney : Har­ county roads to junction Missouri High­ Note: If a hearing is deemed necessary, ap­ old G. Hernly, 711 14th Street NW., plicant requests it be held at Dallas, Tex. way 21, thence over Missouri Highway 21 Washington 5, D.C. Authority sought to junction U.S. Highway 60, thence over''' to operate as a common carrier, by No. MC 107064 (Sub-No. 40), filed Jan­ U.S. Highway 60 to Van Buren and re­ motor vehicle, over irregular routes, uary 18, 1965. Applicant: STEERE turn over the same route, serving no in­ transporting: Liquid chemicals, in bulk, TANK LINES, INC., 2808 Fairmount termediate points; (b) from the plant or in tank vehicles, from Carpentersville, Street, Post Office Box 2998, Dallas, Tex. mine site of Ozark Lead Corp. approxi­ 111., to points in Arizona, California, Con­ Applicant’s attorney: Hugh T. Matthews, mately 10 miles west of Ellington, over necticut, Delaware, the District of Co­ 630 Fidelity Union Tower, Dallas, Tex. unnumbered county roads to junction lumbia, Idaho, Maine, Maryland, Massa­ Authority sought to operate as a com­ Missouri Highway 21, thence over Mis­ chusetts, Nevada, New Hampshire, New mon carrier, by motor vehicle, over ir­ souri Highway 21 to junction Carter Jersey, New York, North Carolina, Ore­ regular routes, transporting: Liquid fer­ County Highway D, thence over Carter gon, Pennsylvania, Rhode Island, South tilizer solutions and materials and an­ County Highway D to junction U.S. Carolina, Utah, Vermont, Virginia, hydrous ammonia, in tank vehicles, from Highway 60, thence over U.S. Highway points in Navarro County, Tex., to points 60 to Van Buren and return over the Washington, West Virginia, and Wy­ oming. in Arkansas, Colorado, Kansas, Louisi­ same route, serving no intermediate ana, Mississippi, Missouri, Nebraska, points; (3) between the plant or mine Note: If a hearing is deemed necessary, ap­ New Mexico, and Oklahoma. site of Ozark Lead Corp.. approximately plicant requests it be held at Chicago, 111. 10 miles west of Ellington, Mo., and West N ote: If a hearing is deemed necessary, No. MC 103435 (Sub-No. 163), filed applicant requests it be held at Dallas, Tex. Plains, Mo.; (a) from the plant or mine January 7, 1965. Applicant: UNITED site of Ozark Lead Corp. approximately BUCKINGHAM FREIGHT LINES, a No. MC 107286 (Sub-No. 14), filed Jan­ 10 miles west of Ellington, over unnum­ corporation, East 915 Springfield Avenue, uary 21, 1965. Applicant: M. PASCALE bered county roads to junction Missouri Spokane, Wash. Applicant’s attorney: TRUCKING, INC., 8-10 Rice Street, Highway 21, thence over Missouri High­ George R. LaBissoniere, 333 Central South Attleboro, Mass. Applicant’s rep­ way 21 to junction U.S. Highway 60, Building, Seattle 4, Wash. Authority resentative: Russell B. Curnett, 36 Cir­ thence over U.S. Highway 60 to junction sought to operate as a common carrier, cuit Drive, Edgewood Station, Provi­ U.S. Highway 63, thence over U.S. High­ by motor vehicle, over irregular routes, dence, R.I., 02905. Authority sought to way 63 to West Plains and return over transporting: Frozen foods, frozen fruits, operate as a common carrier, by motor the same route, serving no intermediate frozen "berries, frozen vegetables, frozen vehicle, over irregular routes, transport­ Points; (b) from the plant or mine site juice concentrates, frozen pies and po­ ing : Brick, tile and fibre pipe, from Attle­ of Ozark Lead Corp. approximately 10 tato products, from points in Oregon and boro, Mass., to points in Maine, New miles west of Ellington, over unnum- Hampshire and Vermont. bered county roads to junction Missouri Washington to American Falls, Boise, Highway 21. Nampa, Pocatello, Caldwell, Heyburn, Note: If a hearing is deemed necessary, and Burley, Idaho, and Ontario, Oreg., applicant'requests it be held at Providence, Thence over Missouri Highway 21 to for storage in transit and subsequent R.I. Tf« « Highway 60, thence over .b. Highway 60 to junction Missouri outbound movement to points in Iowa No. MC 107403 (Sub-No. 602), filed highway 17, thence over Missouri High­ and Nebraska. January 18, 1965. Applicant: MAT- way 17 to junction U.S. Highway 160, Note: If a hearing is deemed necessary, ap­ LACK, INC., 10 West Baltimore Avenue, thence over U.S. Highway 160 to West plicant requests it be held at Seattle, Wash, Lansdowne, Pa. Authority sought to op­ ®. and return over the same route, or Portland, Oreg. erate as a common carrier, by motor ve­ intermediate points; (4) be- No. MC 106674 (Sub-No. 10), filed Jan­ hicle, over irregular routes, transporting: r ! ^ V he plant or mine site of Ozark uary 21, 1965. Applicant: OSBORNE Petroleum and petroleum products, in of ctv “?• approximately 10 miles west TRUCKING CO., INC., Vincennes, Ind. bulk, in tank vehicles, from Petrolia, Pa., from ;LgtorV Mo- and Springfield, Mo.; Applicant’s attorney: Thomas F. Kilroy, to Detroit, Mich. I onrt n plant or mine site of Ozark 1815 H Street NW., Washington 6, D.C. Note: If a hearing is deemed necessary, of ttiiY01?' approximately 10 miles west Authority sought to operate as a com­ applicant requests it be held at Washing­ roal r • ’ over unnumbered county mon carrier; by motor vehicle, over ir­ ton, D.C. thonoo ° Junction Missouri Highway 21, regular routes, transporting: Spent No. MC 107403 (Sub-No. 603), filed juncHon°TT o ^p.SSouri Highway 21 to phosphoric acid, in bulk, in tank vehicles, January 18, 1965. Applicant: MAT- Us J i J * - highway 60, thence over (1) from Alma, Charlotte, Detroit, Grand LACK, INC., 10 West Baltimore Avenue^ tnrA H gh^ay 60 to Springfield and re- Rapids, Ionia, Jackson, and Riga, Mich., Lansdowne, Pa. Authority sought to term * * same route, serving no in- and Cynthiana and Louisville, Ky., to operate a$ a common carrier, by motor 2 2 lte Pomts; and (5) between the points in Indiana and Ohio, (2) from vehicle, over irregular routes, transport­ mine site of Ozark Lead Corp. Indianapolis and Bedford, Ind., to points ing: Petroleum and petroleum products, No. 27----- ii 1912 NOTICES in bulk, in tank vehicles, from Petrolia, Lane, Louisville, Ky., 40211. Authority No. MC 110193 (Sub-No. 84), filed Jan­ Pa., to points in Tennessee. sought to operate as a common carrier, uary 18, 1965. Applicant: SAFEWAY Note: If a hearing is deemed necessary, by motor vehicle, over irregular routes, TRUCK LINES, INC., 20450 West Ireland applicant requests it be held at Washing­ transporting: Liquid fluorine, in bulk, in Road, South Bend, Ind. Applicant’s at­ ton, D.C. shipper-owned tank semitrailers, from torney: J. Max Harding, Box 2028, Lin­ Metropolis, 111. to points in Oregon, and coln, Nebr. Authority sought to operate No. MC 107403 (Sub-No. 604), filed empty, shipper-owned tank, semitrailers, as a common carrier, by motor vehicle, January 21, 1965. Applicant: MAT- on return. over irregular routes, transporting:’ LACK, INC., 10 West Baltimore Avenue, Meat, meat products, meat byproducts, Lansdowne, Pa. Authority sought to op­ N ote: If a hearing is deemed necessary, applicant requests it be held at Washington, and articles distributed by meat packing­ erate as a common carrier, by motor ve­ D.C. houses, as described in Appendix I, to hicle, over irregular routes, transport­ the report in Descriptions in Motor Car­ ing: Dry chemicals, in bulk, from St. No. MC 110098 (Sub-No. 51), filed Jan­ rier Certificates, 61 M.C.C. 209 and 766 Louis, Mich., to points in Delaware, Il­ uary IS, 1965. Applicant: ZERO RE­ (except liquids in bulk, in tank vehicles, linois, Indiana, Iowa, Kansas, Kentucky, FRIGERATED LINES, a corporation, and except hides), from the plant site Maryland, Minnesota, Missouri, Nebras­ 815 Merida Street, Box 7249, Station of Platte Valley Packing Co., located in ka, New Jersey, New York, Ohio, (ex­ “A”, San Antonio, Tex., 78207. Appli­ Dawson County, Nebr., to points in Con­ cept points in Ashtabula, Cuyahoga, cant’s attorney: Donald L. Stern, 924 City necticut, Delaware, Maine, Maryland, Franklin, Lake, Licking, Muskingum, National Bank Building, Omaha 2, Nebr. Massachusetts, New Hampshire, New Summit, and Wayne Counties, Ohio), Authority sought to operate as a com­ Jersey, New York, Pennsylvania, Rhode points in Pennsylvania, Tennessee, Vir­ mon carrier, by motor vehicle, over ir­ Island, Vermont, Virginia, West Virginia, ginia, West Virginia, and Wisconsin. regular routes, transporting: Dairy prod­ and Washington, D.C. Note: If a hearing is deemed necessary, ucts, chilled and frozen bakery products, applicant requests it be held at Detroit, Mich. frozen fruits, frozen vegetables, frozen N ote: Applicant states the proposed service berries, frozen french fries, frozen pizza is restricted to traffic originating at the plant No. MC 107515 (Sub-No. 506), filed and pizza pie ingredients, between points site and/or cold storage facilities utilized by January 21, 1965. Applicant: REFRIG­ Platte Valley Packing Co. located in Dawson in Colorado, on the one hand, and, on the County, Nebr. If a hearing is deemed neces­ ERATED TRANSPORT CO., INC., 290 other, points in New Mexico, Oklahoma, sary, applicant requests it be held at Denver, University Avenue SW., Atlanta, Ga. Ap­ and Texas. Colo. plicant’s attorney: Clyde W. Carver, Suite 1600 First Federal Building, At­ N ote: If a hearing is deemed necessary, No. MC 110193 (Sub-No. 85), filed Jan­ lanta, Ga., 30303. Authority sought to applicant requests it be held at Denver, uary 25, 1965. Applicant: SAFEWAY operate as a common carrier, by motor Colo. TRUCK LINES, INC., 20450 West Ireland vehicle, over irregular routes, transport­ No. MC 110158 (Sub-No. 7), filed Jan­ Road, South Bend, Ind. Applicant’s at­ ing: Frozen foods, from Kansas City, uary 18, 1965. Applicant: B. A. PETERS torney: J. Max Harding, Box 2028, Lin­ Kans., to point in Alabama, Georgia, COMPANY, a corporation, Post Office coln, Nebr., 68501. Authority sought to North Carolina, South Carolina, Tennes­ Box 443, Benton Harbor, Mich., 49023. operate as a common carrier, by motor see (except Memphis and its commercial Applicant’s attorney: Wilhelmina Boers- vehicle, over irregular routes, transport­ zone), Virginia, and Gallipolis, Ohio. ma, 2850 Penobscot Building, Detroit, ing: Meat, meat products and meat by­ Mich., 48226. Authority sought to oper­ products, dairy products, and articles N ote: If a hearing is deemed necessary, distributed by meat packinghouses, as applicant requests it be held at Birmingham, ate as a common carrier, by motor vehi­ Ala. cle, over irregular routes, transporting: described in Sections A, B, C, and D of Empty containers from Chicago, 111., to Appendix I to the report in Descriptions No. MC 108449 (Sub-No. 194), filed points in that part of Michigan on and in Motor Carrier Certificates, 61 M.C.C. January 22, 1965. Applicant: INDIAN- north of a line beginning at Muskegon, 209 and 766 (except hides and commodi­ HEAD TRUCK LINE, INC., 1947 West Mich., and extending along Michigan ties in bulk, in tank vehicles), from Gar­ County Road C, St. Paul, Minn., 55113. Highway 46 to junction Michigan High­ den City, Kans., and points within 10 Applicant’s attorney: Glenn W. Stephens, way 57, thence along Michigan Highway miles thereof to points in Connecticut, 121 West Doty Street, Madison 3, Wis. 57 to junction U.S. Highway 131, and on Delaware, Indiana, Maine, Maryland, Authority sought to operate as a com­ and west of a line extending from Cedar Massachusetts, New Hampshire, New mon carrier, by motor vehicle, over ir­ Springs, along U.S. Highway 131 to Jersey, New York, Ohio, Pennsylvania, regular routes, transporting: Fertilizer, Petoskey, Mich. Rhode Island, Vermont, Virginia, West fertilizer materials and fertilizer solu­ Virginia, and the District of Columbia, Note: If a hearing is deemed necessary, and damaged or rejected shipments, on tions, in bulk, in tank or hopper-type applicant requests it be held at Lansing, vehicles, and in bags, from Chicago and Mich, or Chicago, 111. return. Chicago Heights, 111., to points in Iowa, Note: If a hearing is deemed necessary, Indiana, Michigan, Wisconsin, Minne­ No. MC 110193 (Sub-No. 83), filed Jan­ applicant requests it be held at Wichita, sota, and Missouri. uary 14, 1965. Applicant: SAFEWAY Kans. TRUCK LINES, INC., 4625 West 55th Note: If a hearing is deemed necessary, Street, Chicago 32, 111. Applicant’s at­ No. MC 110354 (Sub-No. 9), filed applicant requests it be held at Chicago, IU. torney: J. Max Harding, Box 2028, Lin­ January 25, 1965. Applicant: V. KAP No. MC 108449 (Sub-No. 195), filed coln, Nebr., 68501. Authority sought to TRUCKING, INC., Post Office Box 706, January 22, 1965. Applicant: INDIAN- operate as a common carrier, by motor Painesville, Ohio. Applicant’s attorney. HEAD TRUCK LINE, INC., 1947 West vehicle, over irregular routes, transport­ Richard H. Brandon, Hartman Building, County Road C, St. Paul, Minn., 55113. ing: Meats, meat products, meat byprod­ Columbus, Ohio, 43215. Authority Applicant’s attorney: Glenn W. Ste­ ucts and articles distributed by meat Sought to operate as a contract carrier, phens, 121 West Doty Street, Madison 3, packinghouses, as described in Sections by motor vehicle, over irregular routes, Wis. Authority sought to operate as a A and C, of Appendix I, to the report in transporting: Cement and mortar, from common carrier, by motor vehicle, over Descriptions in Motor Carrier Certifi­ Bessemer, Pa., to points in Ohio. irregular routes, transporting: Fertilizer, cates, 61, M.C.C. 209 and 766, and sup­ Note : Applicant states the proposed opera- fertilizer solutions, and fertilizer mate­ plies, equipment and materials used in tions will be conducted under contract wi rials, in bulk, and in bags, from Erie, the conduct of such business, between Diamond Alkali Co., Union Commerce Buiw- 111., and points within five (5) miles Monmouth, 111. on the one hand, and, on ing, Cleveland, Ohio. If a hearing is aeemeu thereof to points in Indiana, Iowa, Mich­ the other, points in Connecticut, Dela­ necessary, applicant requests it be he igan, Wisconsin, Illinois, Minnesota, and ware, Indiana, Maryland, Massachusetts, Columbus, Ohio. Missouri. Maine, New Jersey, New York, Ohio, No. MC 110420 (Sub-No. Pennsylvania, Rhode Island, New Hamp­ January 18,1965. Applicant: QUA-Ui* Note: If a hearing is deemed necessary, applicant requests it be held at Chicago, 111. shire, Vermont, Virginia, West Virginia, CARRIERS, INC., 100 South Calume District of Columbia, Missouri, Nebraska, Street, Post Office Box 339, Burhn|_ ’ No. MC 109637 (Sub-No. 272), filed Kansas, and Iowa. Wis. Applicant’s representative January 25, 1965. Applicant: SOUTH­ Note: If a hearing is deemed necessary, H. Figge (same address as applica • ERN TANK LINES INC., 4107 Bells applicant requests it be held at Chicago, 111. Authority sought to operate as a com W ednesday, February 10, 1965 FEDERAL REGISTER 1913 carrier, by motor vehicle, over irregular TRANSIT, INC., 200 West Cecil Street, No. MC 111729 (Sub-No. 42), filed Jan­ routes, transporting: Acids and chemi­ Neenah, Wis. Applicant’s attorney: E. uary 18, 1965. Applicant: ARMORED cals, fertilizer, fertilizer solutions, and Stephen Heisley, Transportation Build­ CARRIER CORPORATION, 222-17 fertilizer ingredients, in bulk, from Pul­ ing, Washington, D.C., 20006. Authority Northern Boulevard, Bayside, N.Y. Ap­ ton, Ind., and Sullivan, 111., and points sought to operate as a common carrier, plicant’s attorney: Russell S. Bernhard, within 5 miles of the named origins, to by motor vehicle, over irregular routes, 1625 K Street NW., Washington, D.C., points in Illinois, Indiana, Iowa, Michi­ transporting: Chemicals, dry, in bulk, 20006. Authority sought to operate as a gan, and Ohio. from Ironton and South Point, Ohio to common carrier, by motor vehicle, over Note: If a hearing is deemed necessary, points in Illinois, Indiana, Kentucky, irregular routes, transporting: Business applicant requests it be held at Chicago, 111. Michigan, New York, Pennsylvania, Vir­ papers and records and audit and ac­ ginia, and West Virginia. counting media of all kinds (excluding No. MC 110420 (Sub-No. 414), filed N ote: If a hearing is deemed necessary, plant removals), between points in Al­ January 18,1965. Applicant: QUALITY applicant requests it be held at Washing­ legheny County, Pa., on the one hand, CARRIERS, INC., 100 South Calumet ton, D.C. and, on the other, points in Wayne Coun­ Street, Burlington, Wis. Applicant’s ty, Mich. RESTRICTION: No service representative: Fred H. Figge, Post Office No. MC 111302 (Sub-No. 31), filed Box 339, Burlington, Wis. Authority January 21, 1965. Applicant: HIGH­ shall be performed under the authority sought to operate as a common carrier, WAY TRANSPORT, INC., Albany High­ granted herein for any bank or banking by motor vehicle, over irregular routes, way (Post Office Box XX), Thomasville, institution; namely, any national bank, transporting: Liquid chocolate and choc­ Ga. Applicant’s representative: Lamar State bank, Federal Reserve bank, sav­ Kennedy, Highway Transport, Inc., Post ings and loan association, or savings olate coating, in bulk, in tank vehicles, bank. from Chicago, 111., to Baltimore, Md. Office Box XX, Albany Highway, Thomasville, Ga. Authority sought to Note : Applicant is also authorized to con­ Note: If a hearing is deemed necessary, operate as a common carrier, by motor duct operations as a contract carrier in Per­ applicant requests it be held at Chicago, 111. vehicle, over irregular routes, transport­ mit MC 112750 sub 1 and other subs; there­ No. MC 116038 (Sub-No. 22), filed ing: Textile softeners, in bulk, in tank fore dual operations may be involved. If a January 19, 1965. Applicant: .NORTH­ vehicles, from Peoria, 111. to points in hearing is deemed necessary, applicant re­ ERN MOTOR CARRIERS, INC., Route Alabama and Georgia. quests it be held at Washington, D.C. 9, Saratoga Road, Fort Edward, N.Y. Note: Common control may be involved. No. MC 112520 (Sub-No. 116), filed Applicant’s attorney: Harold G. Hemly, If a hearing is deemed necessary, applicant January 21, 1965. Applicant: McKEN- 711 14th Street NW., Washington, D.C., requests it be held at Chicago, 111. ZIE TANK LINES, INC., New Quincy 20005. Authority sought to operate as a No. MC 111302 (Sub-No. 32), filed Jan­ Road, Post Office Box 1200, Tallahassee, common carrier, by motor vehicle, over uary 21, 1965. Applicant: HIGHWAY Fla. Applicant’s attorney: Sol H. Proc­ irregular routes, transporting: Fertilizer, TRANSPORT, INC., Albany Highway tor, 1730 American Heritage Life Build­ fertilizer materials, and lime, from points (Post Office Box XX), Thomasville, Ga. ing, Jacksonville, Fla., 32202. Authority in Albany County, N.Y., to points in Con­ Applicant’s representative: Lamar Ken­ sought to operate as a common carrier, necticut, Massachusetts, New Hampshire, nedy, Highway Transport, Inc., Post Of­ by motor vehicle, over irregular routes, and Vermont, and refused or rejected fice Box XX, Albany Highway, Thomas­ transporting: Chemicals, in bulk, from shipments, on return. ville, Ga. Authority sought to operate as Panama City, Fla. to points in Texas. Note: Applicant is also authorized to con­ a common carrier, by motor vehicle, over No t e : If a hearing is deemed necessary, duct operations as a contract carrier in Per­ irregular routes, transporting: Nitrogen applicant requests it be held at Jacksonville, mit MC 117561 and subs thereunder, there­ fertilizer solutions, in bulk, in tank vehi­ Fla. fore dual operations may be involved. If a hearing is deemed necessary, applicant re­ cles, between Elmwood and Statesville, No. MC 112617 (Sub-No. 192), filed quests it be held at Albany, N.Y. N.C. and points within ten (10) miles Jahuary 25, 1965. Applicant: LIQUID thereof, on the one hand, and, on the TRANSPORTERS, INC., Post Office Box No. MC 110988 (Sub-No. 109), filed other, points in Tennessee. January 18, 1965. Applicant: KAMPO 5135, Cherokee Station, Louisville 5, Ky. TRANSIT, INC., 200 West Cecil Street, N ote: Common control may be involved. Applicant’s attorney: Leonard A. Jas- If a hearing is deemed necessary, applicant kiewicz, 600 Madison Building, Wash­ Neenah, Wis. Applicant’s attorney: E. requests it be held at Washington, D.C. Stephen Heisley, Transportation Build­ ington, D.C. Authority sought to oper­ ing, Washington', D.C., 20006. Authority No. MC 111302 (Sub-No. 33), filed Jan­ ate as a common carrier, by motor ve­ sought to operate as a common carrier, uary 21, 1965. Applicant: HIGHWAY hicle, over irregular routes, transporting: by motor vehicle, over irregular routes, TRANSPORT, INC., Albany Highway Coal tar and coal tar products, in bulk, transporting: Petroleum and petroleum (Post Office Box XX), Thomasville, Ga. in tank vehicles, from Cincinnati, Ohio, products, in bulk, in tank vehicles, (1) Applicant’s representative: Lamar Ken­ to points in Tennessee. from Wausau, Green Bay and Two nedy, Highway Transport, Inc., Post Of­ No te: If a hearing is deemed necessary, Rivers, Wis., to points in the upper pe­ fice Box XX, Albany Highway, Thomas­ applicant requests it be held at Columbus, ninsula of Michigan, and (2) from Es- ville, Ga. Authority sought to operate Ohio. canaJba and Rapid River, Mich., and as a common carrier, by motor vehicle, No. MC 112668 (Sub-No. 37), filed points within 5 miles of each, to points over irregular routes, transporting: January 18, 1965. Applicant: HARVEY in Wisconsin. Vinegar, in bulk, in tank vehicles, from Danville, 111. to Decatur, Ga. R. SHIPLEY & SONS, INC., Post Office, , n^ TE' a bearing is deemed necessary, Finksburg, Md. Applicant’s representa­ PPUcant requests it be held at Madison, Wis. Note: Common control may be involved. tive : Donald E. Freeman, 172 East Green If a hearing is deemed necessary, applicant Street, Westminster, Md. Authority No. MC 110988 (Sub-No. 110), file requests it be held at Chicago, 111. sought to operate as a common carrier, !965. Applicant: KAMPi No. MC 111302 (Sub-No. 34), filed Jan­ by motor vehicle, over irregular routes, S^^T -IN C ., 200 West Cecil Stree uary 21, 1965. Applicant: HIGHWAY transporting: (1) Salt, in bulk, from m ,a^’ 3^ls* Applicant’s attorney: 1 TRANSPORT, INC., Albany Highway Baltimore and Glyndon, Md., to points irS ufn v?eisley> Transportation Build (Post Office Box XX), Thomasville, Ga. in Delaware, those in Adams, Cumber­ “ **■*». D c> 20006- Authorit Applicant’s representative: Lamar Ken­ land, Chester, Dauphin, Delaware, ™ operate as a common carrie, nedy, Highway Transport, Inc., Post Of­ Franklin, Lancaster, Lebanon, York, tramnnwh-vehicle* over irregular route fice Box XX, Albany Highway, Thomas­ Philadelphia, and Montgomery Counties, Petroleum and petrolem ville, Ga. Authority sought to operate Pa., and those in Clarke, Culpeper, Fred­ Junction rs+kullc> in tank vehicles, froi as a common carrier, by motor vehicle, erick, King George, Madison, Orange, mile^th Clt *’ Wis> and Points within 1 over irregular routes, transporting: Rappahannock, Spotsylvania, Stafford, .t0 points in tte uppe Chemicals, in bulk, in tank vehicles, from and Warren Counties, Va., and (2) salt, peninsula of Michigan Cedartown, Ga. to points in Illinois, In­ in bags or in packages, from Baltimore diana, Iowa, Michigan, Minnesota, and and Glyndon, Md., to points in Delaware, Wisconsin. Maryland, the District of Columbia, Note: Common control may be involved. those in Adams, Cumberland, Chester, -.No- Ul>. Ale If a hearing is deemed necessary, applicant Dauphin, Delaware, Franklin, Lancaster, y 19®5. Applicant: KAMPi requests it be held at Washington, D.C. Lebanon, York, Philadelphia, and Mont- 1914 NOTICES gomery Counties, Pa., those in Fauquier, nesota, Missouri, Ohio, Tennessee, and carrier, by motor vehicle, over irregular Fairfax, Clarke, Culpeper, Frederick, Wisconsin. routes, transporting: Frozen foods, from King George, Loudoun, Madison, Orange, No te: If a hearing is deemed necessary, Columbus, Ohio to points in Florida, Prince William, Rappahannock, Spotsyl­ applicant requests it be held at Chicago, 111. Georgia, Alabama, Mississippi, Louisiana, vania, Stafford, and Warren Counties, South Carolina, Tennessee, and Ken­ Va., and those in Jefferson County, W. No. MC 114194 (Sub-No. 85), filed Jan­ tucky. uary 18, 1965. Applicant: KREIDER Va. No te: If a hearing is deemed necessary, TRUCK SERVICE, INC., 8003 Collins­ applicant reqeusts it be held at Columbus, N o te: If a hearing Is deemed necessary, ville Road, East St. Louis, 111., 62201. Au­ Ohio. applicant requests it be held at Washington, thority sought to operate as a common D.C. carrier, by motor vehicle, over irregular No. MC 115491 (Sub-No. 52), filed routes, transporting: Syrup coloring and January 18, 1965. Applicant: COM­ No. MC 112750 (Sub-No. 208), filed burnt sugar, in bulk, from Clinton Iowa, MERCIAL CARRIER CORPORATION, January 18, 1965. Applicant: AR­ 502 East Bridgers Avenue, Auburndale, MORED CARRIER CORPORATION, to points in Arkansas, Illinois, Indiana, 222-17 Northern Boulevard, Bayside, Maryland, Michigan, Minnesota, Mis­ Fla. Applicant’s attorney: M. Craig N.Y. Applicant’s attorney: Russell S. souri, New Jersey, New York, Ohio, Penn­ Massey, 223 South Florida Avenue, Bernhard, 1625 K Street NW., Washing­ sylvania, Tennessee, Wisconsin, and Bon­ Drawer J, Lakeland, Fla., 33802. Au­ ner Springs, Kans. thority sought to operate as a common ton, D.C. Authority sought to operate as carrier, by motor vehicle, over irregular a contract carrier, by motor vehicle, over No t e : If a hearing is deemed necessary, irregular routes, transporting: Commer­ applicant requests it be held at St. Louis, Mo. routes, transporting: Frozen foods, from Belvidere, 111. to points, in Indiana, Ohio, cial papers, documents and written in­ No. MC 114194 (Sub-No. 86), filed Jan­ struments including originals and copies Pennsylvania, New York, Michigan, Ken­ uary 18, 1965. Applicant: KREIDER tucky, and the District of Columbia. of checks, drafts, notes, money orders, TRUCK SERVICE, INC., 8003 Collins­ travelers’ checks, and cancelled bonds, ville Road, East St. Louis, HI., 62201. i Note : If a hearing is deemed necessary, ap­ and accounting papers relating thereto, Authority sought to operate as a common plicant requests it be held at Washington, including originals and copies of cash carrier, by motor vehicle, over irregular D.C., or Tampa, Fla. letters, letters of transmittal, summary routes, transporting: Syrup coloring, No. MC 115491 (Sub-No. 53), filed sheets, adding machine tapes, deposit caramel coloring, and burnt sugar, in January 18, 1965. Applicant: COM­ records, withdrawal slips, and debit and bulk, in tank vehicles, from Clinton, Iowa, MERCIAL CARRIER CORPORATION, credit records (except coin, currency, to points in Alabama, Connecticut, Del­ 502 East Bridgers Avenue, Auburndale, bullion and negotiable securities) under aware, the District of Columbia, Florida, Fla. Applicant’s attorney: M. Craig continuing contracts with banks and Georgia, Kansas (except Bonner Springs, Massey, 223 South Florida Avenue, Post banking institutions only, namely, na­ Kans.), Kentucky, Louisiana, Maine, Office Drawer J, Lakeland, Fla. Author­ tional banks, state banks, Federal Re­ Massachusetts, Mississippi, Nebraska, ity sought to operate as a common car­ serve Banks, savings and loan associa­ New Hampshire, North Carolina, Okla­ rier, by motor vehicle, over irregular tions and savings banks, between Rich­ homa, Rhode Island, South Carolina, routes, transporting: Frozen foods, from mond and Roanoke, Va., on the one hand, Texas, Vermont, Virginia, and West Vir­ Belvidere, 111., to points in Alabama, and, on the other, points in Boone, Ca­ ginia, and rejected shipments, on re­ Georgia, and Florida. bell, Clay, Fayette, Greenbrier, Kana­ turn. wha, Lincoln, Logan, Mason, McDowell, No t e : If a hearing is deemed necessary, Mercer, Mingo, Monroe, Pocahontas, No t e : If a hearing is deemed necessary, applicant requests it be held at Tampa, Fla. Putnam, Raleigh, Summers, Wayne, and applicant requests it be held at Chicago, 111. No. MC 115841 (Sub-No. 219), filed Wyoming Counties, W. Va. No. MC 114364 (Sub-No. 98), filed Jan­ January 18, 1965. Applicant: COLO­ uary 21, 1965. Applicant: WRIGHT NIAL REFRIGERATED TRANSPOR­ Note: Common control may be involved. Applicant holds temporary authority to con­ MOTOR LINES, INC., 16th and Elm TATION, INC., 1215 Bankhead Highway duct common carrier operations under MC Streets, Rocky Ford, Colo. Applicant’s West, Post Office Box 2169, Birmingham, 111729 and Subs thereto. If a hearing is attorney: Marion F. Jones, 420 Denver Ala. Authority sought to operate as a deemed necessary, applicant requests it be Club Building, Denver, Colo., 80202. Au­ common carrier, by motor vehicle, over held at Washington, D.C. thority sought to operate as a common irregular routes, transporting: Frozen carrier, by motor vehicle, over irregular foods (except frozen meats), from Kan­ No. MC 113410 (Sub-No. 51), filed Jan­ routes, transporting: Foodstuffs, from sas City, Kans.-Mo., to points in Ken­ uary 21, 1965. Applicant: DAHLEN Springdale, Ark., and points within five tucky, Mississippi, Alabama, Georgia, TRANSPORT, INC., 875 North Prior (5) miles thereof, to points in Arizona, North Carolina, South Carolina, Vir­ Avenue, St. Paul, Minn., 55104. Appli­ Idaho, Montana, New Mexico, Utah, and ginia, West Virginia, Tennessee, and cant’s attorney: Leonard A. Jaskiewicz, Alpine, Ashley, El Paso, and Pecos, Tex. Madison Building, 1155 15th Street NW., Gallipolis, Ohio. Washington, D.C., 20005. Authority N o te: If a hearing is deemed necessary, No t e : If a hearing is deemed necessary, sought to operate as a common carrier, applicant requests it be held at Phoenix, Ariz. applicant requests it be held at Birmingham, by motor vehicle, over irregular routes, No. MC 115331 (Sub-No. 97), filed Jan­ Ala. transporting: Chemicals and solvents, in uary 25, 1965. Applicant: TRUCK No. MC 116063 (Sub-No. 63), filed bulk, in tank vehicles, from Savage, TRANSPORT, INCORPORATED, 707 January 22,1965. Applicant: WESTERN Minn., and points within five (5) miles Market Street, St. Louis, Mo. Authority ^TRANSPORT COMPANY, INC., 240« thereof, to points in Wisconsin, Illinois, sought to operate as a common carrier, Cold Springs Road, Fort Worth, Tex. and Indiana, and rejected shipments, on by motor vehicle, over irregular routes, Authority sought to operate as a commo return. transporting: Agricultural chemicals, carrier, by motor vehicle, over irreg including fertilizer, insecticides, fungi­ routes, transporting: Sulphur, in bu , No te: If a hearing is deemed necessary, applicant requests it be held at Minneapolis, cides, and herbicides, from Omaha, Nebr. from points in Hopkins County, Tei •, Minn. to points in Nebraska, Iowa, South Da­ to points in Arkansas, Colorado, Kansas- kota, and Minnesota, and rejected ship­ Louisiana, Missouri, New Mexico, ok No. MC 114019 (Sub-No. 126), filed ments, on return. homa, and Texas. January 25,1965. Applicant: MIDWEST No t e : If a hearing is deemed necessary, ns: If a hearing is deemed EMERY FREIGHT SYSTEM, INC., applicant requests it be held at St. Louis, Mo. :ant requests it be held at Ho 7000 South Pulaski Road, Chicago, 111. Applicant’s attorney: David Axelrod, 39 No. MC 115491 (Sub-No. 51), filed Jan­ South La Salle Street, Chicago 3, 111. uary 18, 1965. Applicant: COMMER­ . MC 116273 (Sub-No. 40), file? Authority sought to operate as a com­ CIAL CARRIER CORPORATION, 502 a r y 18, 1965. Applicant: D « mon carrier, by motor vehicle, over ir­ East Bridgers Avenue, Auburndale, Fla. NSPORT, INC., 3800 South La regular routes, transporting: Liquid Applicant’s attorney: M. Craig Massey, \venue, C icero, 111., 60650. A dextrose, in bulk, in tank vehicles, from 223 South Florida Avenue, Post Office night to operate as a cowwo Decatur, 111., to points in Illinois, In­ Drawer J, Lakeland, Fla., 33802. Au­ diana, Iowa, Kentucky, Michigan, Min­ thority sought to operate as a common Wednesday, February 10, 1965 FEDERAL REGISTER 1915 bulk, having prior or subsequent move­ No. MC 116763 (Sub-No. 46), filed Jan­ only when moving in the same shipment ment by rail and/or water, between uary 25, 1965. Applicant: CARL SUB- »or same vehicle with articles in (1) points in Arkansas, Colorado, Idaho, LER TRUCKING, INC., Auburndale, Fla. above, from points in Illinois on and Illinois, Indiana, Iowa, Kansas, Michi­ (mailing address), North West Street, north of U.S. Highway 6 and those in gan, Minnesota, Missouri, Nebraska, Versailles, Ohio. Authority sought to Kentucky on and north of U.S. High­ North Dakota, Oklahoma, South Dakota, operate as a common carrier, by motor way 60 to points in the United States, Tennessee, Utah, Wisconsin, and Wyo­ vehicle, over irregular routes, transport­ except Alaska and Hawaii. ming. ing: Animal food in containers, from Note : If a hearing is deemed necessary, ap­ Woburn, Mass, to points in Alabama, Note: If a hearing is deemed necessary, plicant requests it be held at Washington, applicant requests it be held at Chicago, 111. Louisiana, Michigan, Mississippi, Ohio, D.C. and West Virginia. No. MC 116602 (Sub-No. 2), filed Jan­ No. MC 118142 (Sub-No. 17), filed Jan­ No t e : Applicant states no duplication of uary 21, 1965. Applicant: JAMES P. authority is sought. If a hearing is deemed uary 21, 1965. Applicant: M. BRUEN- HERLIHY, doing business as HERLIHY necessary, applicant requests it be held at GER & CO. INC., 6330 North Broadway, TRUCKING COMPANY, 113 Clinton Boston, Mass. Wichita, Kans. Applicant’s attorney: Street, Binghamton, N.Y. Applicant’s James F. Miller, 7501 Mission Road (N attorney: Donald C. Carmien, 300 Press No. MC 117119 (Sub-No. 192), filed 13), Shawnee Mission, Kans., 66208. Building, Binghamton, N.Y., 13902. Au­ January 25, 1965. Applicant: WILLIS Authority sought to operate as a common thority sought to operate as a common SHAW FROZEN EXPRESS, INC., Elm carrier, by motor vehicle, over irregular carrier, by motor vehicle, over irregular Springs, Ark. Applicant’s attorney: routes, transporting: Meat, meat prod­ routes, transporting: General commodi­ John H. Joyce, 26 North College Fayette­ ucts, meat byproducts, dairy products ties (except those of unusual value, ville, Ark. Authority sought to operate and articles distributed by meatpacking classes A and B explosives, household as a common carrier, by motor vehicle, houses as defined by the Commission, goods as defined by the Commission, over irregular routes, transporting: from Garden City, Kans., and points commodities in bulk, and articles requir­ Frozen foods, from Russellville, Ark., to within ten (10) miles thereof, to points ing the use of special equipment), having points in Arkansas, Mississippi, Louisi­ in Alabama, Arizona, Arkansas, Cali­ a prior or subsequent movement by air, ana, Texas, Oklahoma, Kansas, Missouri, fornia, Colorado, Florida, Georgia, Idaho, between points in Broome, Chenango, Nebraska, Iowa, Illinois, and Michigan. Illinois, Indiana, Iowa, Kansas, Ken­ and Tioga Counties, N.Y., and Broome Note : Applicant states the proposed service tucky, Louisiana, Michigan, Minnesota, County Airport, Broome County, N.Y. is restricted to traffic originating at Russell­ Mississippi, Missouri, Montana, Ne­ ville, Ark. If a hearing is deemed necessary, braska, Nevada, New Mexico, North Note: Applicant states that it intends to applicant requests it be held at Little Rock, tack the above authority to the authority Ark. Carolina, North Dakota, Ohio, Okla­ granted in Certificate No. MC 116602 Sub 1, homa, Oregon, South Carolina, South which involves the transportation of the No. MC 117344 (Sub-No. 144), filed Dakota, Tennessee, Texas, Utah, Wash­ same commodities, between Broome County January 22, 1965. Applicant: THE ington, Wisconsin, and Wyoming. Airport, Broome County, N.Y., and Newark MAXWELL CO., 10380 Evendale Drive, Airport, Newark, N.J. If a hearing is deemed Note : If a hearing is deemed necessary, ap­ necessary, applicant requests it be held at Cincinnati 15, Ohio. Applicant’s at­ plicant requests it be held at Wichita, Kans. Binghamton, N.Y. torneys: Herbert Baker and James R. Stiverson, 50 West Broad Street, Colum­ No. MC 119195 (Sub-No. 7), filed Jan­ No. MC 116602 (Sub-No. 3), filed Jan­ bus 15, Ohio. Authority sought to op­ uary 18, 1965. Applicant: CHARLES S. uary 22, 1965. -Applicant: JAMES P. erate as a common carrier, by motor ve­ ROGERS, JR. and EDNA ROGERS, a HERLIHY, doing business as HERLIHY hicle, over irregular routes^ transporting: partnership, doing business as ROGERS TRUCKING COMPANY, 113 Clinton Phosphoric acid and fertilizer solutions, TRUCKING, Old Country Road, Monroe, Street, Binghamton, N.Y. Applicant’s in bulk, in tank vehicles, from Cincin­ N.Y. Applicant’s attorney: Vincent M. attorney: Donald C. Carmien, 300 Press nati, Ohio to points in Missouri. Brennan, Central Valley, N.Y., 10917. Building, Binghamton, N.Y., 13902. Au­ Authority sought to operate as a contract No t e : If a hearing is deemed necessary, ap­ carrier, by motor vehicle, over irregular thority sought to operate as a common plicant requests it be held at Columbus, Ohio. carrier, by motor vehicle, over irregular routes, transporting: Such merchandise routes, transporting: General commodi­ No. MC 117574 (Sub-No. 116), filed as is distributed by the Grand Union Co., ties, (except those of unusual value, January 19, 1965. Applicant: DAILY through their stamp redemption books, classes A and B explosives, household EXPRESS, INC., Post Office Box 39, Mail from South Hackensack, N.J. to points goods as defined by the Commission, Route No. 3, Carlisle, Pa. Authority in Rockland, Westchester, Nassau, and commodities in bulk, and articles requir­ sought to operate as a common carrier, Suffolk Counties, N.Y., and New York, ing the use of special equipment), having by motor vehicle, over irregular routes, N.Y., and damaged, rejected and re­ a prior or subsequent movement by air, transporting: Tractors, with or without turned shipments, on return. be^m-n points in Broome, Chenango, attachments, tractor attachments, parts N o t e : If a hearing is deemed necessary, and Tioga Counties, N.Y., and Newark and accessories for tractors and tractor applicant requests it be held at Albany, N.Y. Airport, Newark, N.J. attachments when moving in mixed loads with tractors or tractors with at­ No. MC 119422 (Sub-No. 28), filed Jan­ Applicant states that it Intends to tachments (not including truck trac­ uary 21, 1965. Applicant: EE-JAY above authority to the authority tors) , from points in Ohio and Michigan, MOTOR TRANSPORTS, INC., 15th and in Certiflcate No. MC 116602 Sub 1, Lincoln, Post Office Box 1037, East St. involves the transportation of the to points in Maine, New Hampshire, Louis, 111. Applicant’s attorney: Ernest Airrv^f01^ 0^ 168’ between Broome County Vermont, Massachusetts, Connecticut, A. Brooks II, 1301-02 Ambassador Build­ Airn™-+ ®roome County, N.Y., and Newark Rhode Island, New York, New Jersey, ing, St. Louis, Mo., 63101. Authority necwLo’ Newark> N J- If a hearing is deemed Delaware, Maryland, Virginia, Pennsyl­ sought to operate as a common carrier, BinghamtouNY^ * " * ”* * ■ 14 ** 1161(1 at vania, the District of Columbia, West by motor vehicle, over irregular routes, Virginia, Ohio, Indiana, Kentucky, and transporting: Cement, from the plant u^v ('Sub~No-45 >> filed Jan- North Carolina. site of River Cement Co. at St. Louis, LER Applicant: CARL SUB- N o te: If a hearing is deemed necessary, ap­ Mo., to points in Illinois. plicant requests it be held at Washington, Avenue^A1^ 0, INC‘’ 906 MaSnolia D.C. No t e : If a hearing is deemed necessary, sought Auburndale* Fla- Authority applicant requests it be held at Washington, bv °P6Fate 85 a common carrier No. MC 117574 (Sub-No. 117), filed D.C. tramniS J ebl^le’ over irresular routes! January 18, 1965. Applicant: DAILY in FloridsH^' C9'nned (foods, from points EXPRESS, INC., Post Office Box 39, Mail No. MC 119767 (Sub-No. 51), filed Jan­ ^J»lnts in Connecticut, Mas- Route No. 3, Carlisle, Pa. Authority uary 18, 1965. Applicant: BEAVER TRANSPORT CO., a corporation, 100 sylvanffi’yivania, and i e^Rhode Jersey’New Island. York, Penn- sought to operate as a common carrier, by motor vehicle, over irregular routes, South Calumet Street (Post Office Box transporting: (1) Articles which because 339), Burlington, Wis. Applicant’s rep­ STftes S° duplicatins au' resentative: Fred H. Figge, Post Office necessary a hearinS is deemed of size or weight require the use of spe­ Tampa!piaapplicant requests it be held a1 cial equipment and (2) articles which do Box 339, Burlington, Wis. Authority not require the use of special equipment sought to operate as a common carrier, 1916 NOTICES by motor vehicle over irregular routes, Idaho, Utah, North Dakota, and Ne­ No. MC 124774 (Sub-No. 9), filed Jan­ transporting: Fertilizer and fertilizer braska. uary 21, 1965. Applicant: CARAVELLE ingredients, in bags, from the plant and No t e :: If a hearing is deemed necessary, EXPRESS, INC., Post Office Box 4843, warehouses of Nitrin, Inc., located at or applicant requests it be held at Cheyenne, State House Station, Lincoln, Nebr! near Cordova, HI., to points in Indiana, Wyo. Authority sought to operate as a com­ Iowa, Kansas, Kentucky, Michigan, No. MC 124105 (Sub-No. 14), filed mon carrier, by motor vehicle, over ir­ Minnesota, Missouri, Nebraska, North January 18, 1965. Applicant: BAG­ regular routes, transporting: Meat, meat Dakota, Ohio, South Dakota, and Wis­ GETT BULK TRANSPORT, INC., 2 products, meat byproducts, and articles consin. South 32d Street, Birmingham 5, Ala. distributed by meat packinghouses, as No te: If a hearing is deemed necessary, Applicant’s attorney: Harold G. Hemly, described in Appendix I, to the report in applicant requests it be held at Chicago, 111. 711 14th Street NW., Washington, D.C. Descriptions in Motor Carrier Certifi­ cates, 61 M.C.C. 209 and 766 (except No. MC 120257 (Sub-No. 6), hied Jan­ Authority sought to operate as a com­ mon carrier, by motor vehicle, over ir­ liquids in bulk, in tank vehicles, and ex­ uary 18, 1965. Applicant: K. L. cept hides), from the plantsite of Platte BREEDEN & SONS, INC., 401 Alamo regular routes, transporting: Dry ce­ ment, in bulk, from the plantsite of Valley Packing Co., located in Dawson Street, Terrell, Tex. Applicant’s attor­ County, Nebr., to points in Colorado, ney: James W. Hightower, Wynnewood Universal Atlas Cement division of United States Steel Corp. located at Illinois, Indiana, Iowa, Kansas, Ken­ Professional Building, Dallas 24, Tex. tucky, Michigan, and Ohio. Authority sought to operate as a common Ghamblee, Ga., to points in South Caro­ carrier, by motor vehicle, over irregular lina. No t e : Applicant states the proposed serv­ routes, transporting: Pipe, pipe fittings, N o te: If a hearing is deemed necessary, ice is to be restricted to traffic originating at pipe connections and pipe couplings (ex­ applicant requests does not specify any par­ the plant site and/or cold storage facilities ticular area. utilized by Platte Valley Packing Co., located cept those used in or in connection with in Dawson County, Nebr. If a hearing is the discovery, development, production, No. MC 124105 (Sub-No. 15), filed deemed necessary, applicant requests it be refining, manufacturing, processing, January 18, 1965. Applicant: BAG­ held at Denver, Colo. storage, transmission, and distribution GETT BULK TRANSPORT, INC., 2 of natural gas and petroleum and their South 32d Street, Birmingham, Ala. No. MC 125474 (Sub-No. 11), filed products and byproducts), from Lone Applicant’s attorney: Harold G. Hernly, January 18, 1965. Applicant: BULK Star and Bond, Tex. to points in Ala­ 711 14th Street NW., Washington, D.C. HAULERS, INC., 1901 Wooster Street, bama, Florida, Georgia, Mississippi, and Authority sought to operate as a com­ Wilmington, N.C. Applicant’s attorneys: Tennessee, and returned and rejected mon carrier, by motor vehicle, over John C. Bradley, Suite 618 Perpetual shipments, on return. irregular routes, transporting: Dry Building, 1111 E Street NW., Washing­ cement, in bulk, from the plantsite of ton, D.C., and Cyrus D. Hogue, Jr., Post N o t e : If a hearing is deemed necessary, Office Box 1268, Wilmington, N.C. Au­ applicant requests it be held at Dallas, Tex. Universal Atlas Cement division of thority sought to operate as a common United States Steel Corp. located at carrier, by motor vehicle, over irregular No. MC 120377 (Sub-No. 2) (AMEND­ Huntsville, Ala., to points in Georgia, routes, transporting: Wet and dry phos­ MENT) , filed October 30,1964, published Tennessee, and Mississippi. phate rock, in bulk, in covered dump, F ederal R egister issue of November 11, N o t e : If a hearing is deemed necessary, tank, or hopper type vehicles from the 1964, amended February 1, 1965, and applicant does not specify any particular plant site of Texas Gulf Sulphur located republished as amended this issue. Ap­ area. in Beaufort County, N.C. and points plicant: GLOBE TRUCKING, INC., 20 No. MC 124435 (Sub-No. 3), filed Jan­ within five (5) miles thereof, to points Vance Street, Toledo, Ohio. Applicant’s uary 18, 1965. Applicant: CLARENCE in North Carolina. representative: G. H. Dilla, 5275 Ridge SCHROEDER, 27626 Ford Road, Garden No t e : Applicant has a pending contract: Road, Cleveland 29, Ohio. Authority City, Mich. Applicant’s attorney: Wil­ sought to operate as a common carrier, carrier application under No. MC 126528. If liam B. Elmer 22644 Gratiot Avenue, a hearing is deemed necessary, applicant re­ by motor vehicle, over irregular routes, Kaiser Building, East Detroit, Mich. quests it be held at Washington, D.C. transporting: Iron and steel articles as Authority sought to operate as a contract described in Appendix V to the report carrier, by motor vehicle, over irregular No. MC 125762 (Sub-No. 1), filed Janu­ in Descriptions in Motor Carrier Certifi­ routes, transporting: Brick, (1) from ary 14, 1965. Applicant: ALFRED J. cates, 61 M.C.C., between Toledo, Ohio, points in Ohio and points in Pennsylvania CICIONI, 100 Vine Street, Ringtown, Pa. on the one hand, and, on the other, on and west of U.S. Highway 219, to De­ Applicant’s representative: John W. points in Ohio. Frame, P.O. Box 626, 2207 Old Gettys­ troit, Mich., and (2) from points in Ohio, burg Ro£id, Camp Hill, Pa. Authority N o te: The purpose of this republication to Livonia, Mich. sought to operate as a common carrier, is to more clearly set forth the commodity N o te: Applicant states the operations in by motor vehicle, over irregular routes, and territorial descriptions. If a hearing the proposed service in (1) above, to be under is deemed necessary, applicant requests it be continuing contract with Century Brick, and transporting: Plastic articles, and ma­ held at Cleveland, Ohio. in (2) above, under continuing contract with terials, supplies and equipment used in New Kwek Building & Plastering Supply Co. the manufacture, processing, distribu­ No. MC 123628 (Sub-No. 1), filed Jan­ If a hearing is deemed necessary applicant tion or sales of plastic articles (exclud­ uary 25, 1965. Applicant: THEODORE requests it be held at Detroit, or Lansing, ing commodities in bulk or those which GEORGE PAPPAS, doing business as Mich. because of size or weight require the use TED PAPPAS & SONS, North Broadway, No. MC 124628 (Sub-No. 9), filed Jan­ of special equipment), between points in Gering, Nebr. Applicant’s attorney: uary 25, 1965. Applicant: SAM FAL- Schuylkill County, Pa., north of Frank J. Mattoon, Box 218, Sidney, Nebr., LICK TRUCKING, INC., 345 Butler sylvania Highway 45 (excluding pomts 69162. Authority sought to operate as Street, Brooklyn, N.Y. Applicant’s rep­ located on Pennsylvania Highway 45 m a common carrier, by motor vehicle, over resentative: George A. Olsen, 69 Ton- Schuylkill County), on the one hana, irregular routes, transporting: (a) Com­ nele Avenue, Jersey City, N.J., 07306. and, on the other, points in Pennsy - mercial fertilizer (in bulk, or packaged Authority sought to operate as a contract vania, having a prior movement via ra > or bags), (1) from points in Nebraska to carrier, by motor vehicle, over irregular air or motor vehicle in inters! points in Wyoming, South Dakota, Idaho, routes, transporting: Frozen cakes, edible commerce. Colorado, and Montana; (2) from points nuts, tea, and coffee, in mixed shipments Note: If a hearing is deemed necessary, ap­ in Montana and Idaho to points in Ne­ plicant requests it be held at Harrisbu g, braska, Wyoming, and Colorado; and (3) in the same vehicle, from Secaucus, Carl- stadt, and Camden, N.J., and New York, No. MC 125918 (Sub-No. 1), filed Jan from points in Wyoming to points in N.Y., to points in Wisconsin, Minnesota, Nebraska, Montana, South Dakota, and ry 21, 1965. Applicant: JOHN a . ^ Idaho; and (b) commercial feeds (in North Carolina, South Carolina, Florida, tEGLIO, Whitehorse Pike, A£corV Y bulk, or packaged or bags), (1) from Georgia, and Missouri. pplicant’s representative: Geo, ritv points in Iowa and Kansas to points in No t e : Applicant states the proposed op­ lsen, 69 Tonnele Avenue, Jersey eration will be under a continuing contract .J., 07306. Authority sought to ope ^ Nebraska, Wyoming, Utah, Idaho, Mon­ with Chock Full O’Nuts Corp., Brooklyn, tana, and Colorado; and (2) from points N.Y. If a hearing is deemed necessary, ap­ te as a contract carrier, by m^ ing: in Denver County, Colo., to points in plicant requests it be held at Washington, icle, over irregular routes, transp ^ Wyoming, South Dakota, Montana, D.C. W ednesday, February 10, 1965 FEDERAL REGISTER 1917 nets, on vehicles equipped with mechan­ WORLD-WIDE MOVING, INC., OF in Genesee, Livingston, Macomb, Oak­ ical loading and unloading devices, (1) CALIFORNIA, 3400 Broadway, Oakland, land, St. Clair, Washtenaw, and Wayne from Winslow, N.J., to points in Chester, Calif. Applicant’s attorney: Daniel W. Counties, Mich. Montgomery, Bucks, Delaware, Lancas­ Baker, 625 Market Street, San Fran­ N o te: If a hearing is deemed necessary, ter, Berks, Philadelphia, and Lehigh cisco 5, Calif. Authority sought to applicant requests it be held at Detroit, Mich. Counties, Pa., and points in Delaware; operate as a common carrier, by motor (2) from Columbus, Alliance, Newcom- vehicle, over irregular routes, transport­ No. MC 126897, filed January 18, 1965. erstown, Ohio, Washington, D.C., ing: Used household goods as defined by Applicant: FARM EXPRESS, INC., Post Charleston, Martinsburg, and North the Commission in 17 M.C.C. 467, (1) be­ Office Box 824, Lincoln, Nebr. Appli­ Mountain, W. Va. to points in Chester, tween points in San Francisco, Alameda, cant’s attorney: J. Max Harding, Box Montgomery, Bucks, Delaware, Lancas­ Contra Costa, San Mateo, Santa Clara, 2028, Lincoln, Nebr., 68501. Authority ter, Berks, Philadelphia, and Lehigh Marin, Sonoma, Napa, and Solano Coun­ sought to operate as a contract carrier, Counties, Pa., and points in Mercer, Mid­ ties, Calif, and (2) between points in Los by motor vehicle, over irregular routes, dlesex, Monmouth, Ocean, Burlington, Angeles, Orange, Ventura, San Bernar­ transporting: Eggs, poultry, grain, and Camden, Gloucester, Salem, Atlantic, dino, and Riverside Counties, Calif. grain products, farm products, and sup­ plies used by farmers, between points in Cumberland, and Cape May Counties, Note: Common control may be Involved. N.J., and points in Delaware; and (3) If a hearing is deemed necessary, applicant Lancaster County, Nebr., on the one from Harrisburg, Middletown, Ephrata, requests it be held at San Francisco, Calif. hand, and, on the other, points in the Wyomissing, Shoemakerville, York, Wat- United States, except Alaska and Hawaii. No. MC 126844, filed January 21, 1965. sontown, Mifflinville, and Beaver Palls, Note : Applicant states that the above pro­ Pa., to points in Mercer, Middlesex, Mon­ Applicant: ANTHONY C. DAUITO AND posed operation will be under a continuing mouth, Ocean, Burlington, Camden, RALPH DAUITO, JR., a partnership contract with Equity Union Grain Co., 940 Gloucester, Salem, Atlantic, Cumber­ doing business as RALPH DAUITO & Calvert Street, Lincoln, Nebr. If a hearing SONS, 583 North Main Street, Vineland, is deemed necessary, applicant requests it be land, and Cape May Counties, N.J., and held at Lincoln, Nebr. points in Delaware. N.J. Applicant’s representative: Charles H. Trayford, 220 East 42d Street, New No. MC 126898, filed January 18, 1965. Note: Applicant states that the proposed York, 17, N.Y. Authority sought to op­ service will be under a continuing contract Applicant: ASHLEY GARDNER with Diener Brick Co., Collingswood, N.J. If erate as a common carrier, by motor ve­ TRUCKING CO., INC., 2 Houston Street, a hearing is deemed necessary, applicant re­ hicle, over irregular routes, transporting: Charleston, S.C. Applicant’s attorney: quests it be held at Washington, D.C. Food and food products, including pre­ Ernest F. Hollings, 38 Broad Street, mium and promotional items accompany­ No. MC 126401 (Sub-No. 1), filed Jan- Charleston, S.C. Authority sought to ing shipments of food and food products, operate as a common carrier, by motor uary 18, 1965. Applicant: BOYD from points in Cumberland County, N.J., WHITE, 1624 South Oak, Ottawa, Kans. vehicle, over irregular routes, transport­ to New Orelans, La., and points in ing: Siding, roofing and roofing mate­ Applicant's attorney: Kenton C. Granger, Georgia and Florida. First National Bank Building, Ottawa, rials, from Charleston, S.C., and points Kans. Authority sought to operate as a N o te: If a hearing is deemed necessary, within ten (10) miles thereof, to points applicant requests it be held at Washington, in North Carolina and Georgia, and dam­ contract carrier, by motor vehicle, over D.C. irregular routes, transporting: Cast aged siding, roofing, and roofing mate­ stone, precast concrete, brick and tile, No. MC 126848 (Sub-No. 1), filed Jan­ rials, on return. from Kansas City and Fredonia, Kans., uary 19,1965. Applicant: VITO PAGLIA No te: If a hearing is deemed necessary, to points in Missouri. AND CARMINE PAGLIA, a partnership applicant requests it be held at Columbia, S.C. Note: Applicant states that the above pro­ doing business as PAGLIA TRUCKING, posed operation will be conducted for the 131 Prospect Street, Newark, N.J. Ap­ No. MC 126902, filed January 18, 1965. account of Lusco Brick & Stone Co. If a plicant’s attorney: Charles J. Williams, Applicant: KAY TRANSPORTATION hearing is deemed necessary, applicant re­ 1060 Broad Street, Newark 2, N.J. Au­ COMPANY, INC., 25 South Cary Street, quests it be held at Topeka, Kans. thority sought to operate as a contract Baltimore, Md. Applicant’s attorney: No. MC 126557 (Sub-No. 1), filed Jan­ carrier, by motor vehicle, over irregular Leonard A. Jaskiewicz, Madison Build­ uary 21, 1965. Applicant: S. D. SES­ routes, transporting: Tailpipes, exhaust ing, 1155 15th Street NW„ Washington, SIONS, doing business as SESSIONS pipes, shock absorbers, brake parts, and D.C., 20005. Authority sought to operate TRUCKING COMPANY, Highway 109 automotive hardware such as nuts, bolts, as a contract carrier, by motor vehicle, North, Post Office Box 537, Wadesboro, hangers, clamps, and fasteners used in over irregular routes, transporting: (1) N.C. Authority sought to operate as a the installation of the aforementioned Bakery and pastry products from Balti­ common carrier, by motor vehicle, over commodities, from Roselle Park, N.J., to more, Md. to points in Maryland, irregular routes, transporting: Wood Washington, D.C., New York, N.Y., and Delaware, New Jersey, New York, Penn­ chips, from points in Anson County, N.C., points in Westchester, Nassau, and Suf­ sylvania, Virginia, and the District of to points in Florence and Darlington folk Counties, N.Y., points in- Pennsyl­ Columbia, and (2) materials, ingredients Counties, S.C. vania on and east of the Susquehanna and supplies used in the manufacture River and points in Massachusetts, Con­ Note: if a hearing is deemed necessary, and packing of bakery and pastry applicant requests it be held at Charlotte, necticut, Rhode Island, Maryland, and products, from points in Delaware, Mary­ Delaware; restricted to a service to be land, New Jersey, New York, Pennsyl­ performed under a continuing contract vania, Virginia, and the District of No. MC 126788, filed December 8, 1964 or contracts with Midas International Columbia to Baltimore, Md. Applicant: JOHN T. SAMUEL, 390 Corp. Mary Street, DrexelHiU, Pa. Applicant’ N o te: If a hearing Is deemed necessary, No te: If a hearing is deemed necessary, applicant requests it be held at Washington, attorney: Morris J. Winokur, Suite 192C applicant requests it be held at Newark, N.J., D.C. Z Center Plaza, John F. Ken or New York, N.Y. Ä - Boülevard at 15th Street, Phila No. MC 126905, filed January 21, 1965. nnrin+oPOSe(!'. and Processed film at uary 21,1965. Applicant: REED LINES, ark, N.J., New York, N.Y., Baltimore, innirio^07l^ irnentary replacement fib INC., Woodbum, Ind. Applicant’s at­ Md., and Washington, D.C. adverti^l handling supplies ai torney: John P. McMahon, 44 East (8) Holly berries (artificial), from (exeunt }^erature moving therewi Broad Street, Columbus, Ohio, 43215. Union City, N.J., to Bridgeville, Mills- mariiv f m°k°n Picture film used pi Authority sought to operate as a common boro, Laurel, Delmar and Seaford, Del., S ? i b r -K ?inmercial theatre and tel carrier, by motor vehicle, over irregular and Federalsburg, Md.; (9) holly and sequent^>lbiti°n) ’having a Pri°r or su routes, transporting: Bakery goods, from holly wreaths, from Federalsburg, Md., c a S )Vement air. rail, or mot Battle Creek, Mich., to Ashtabula, and points in Sussex County, Del., to earner, between Philadelphia, Pa., on t Barnesville, Bellaire, Chillicothe, Dillon- Plainfield, N.J.; (10) paper cartons, from No. 27----- 12 1920 NOTICES Philadelphia, Pa., to Bridgeville, Del- portion U.S. Highway 111), thence along merce Act, and rules and regulations mar, Laurel, Seaford, and Millsboro, Del., unnumbered highway through York, prescribed thereunder (49 CFR Part and Federalsburg, Md.; (11) memorials, Loganville and Shrewsbury, Pa., to the 179), appear below: from Philadelphia and Darby, Pa., and Pennsylvania-Maryland State line, in­ As provided in the Commission’s spe­ Wilmington, Del., to Denton, Easton, and cluding points on the indicated portions cial rules of practice any interested per­ Greensboro, Md.; (12) farm imple­ of the highways specified; (28) poultry son may file a petition seeking reconsid­ ments and supplies, from Philadelphia, manure, cow manure, crab meal, and eration of the following numbered Pa., to Greensboro and Whiteleysburg, bone meal, in containers, from Frank- proceedings within 20 days from the date Md., and Whiteleysburg, Del.; (13) ma­ ford, Dagsboro, and Georgetown, Del., of publication of this notice. Pursuant chinery and farm supplies, from Phila­ and points within 8 miles of Georgetown, to section 17(8) of the Interstate Com­ delphia and Chester, Pa., to Harrington, Del., to points in Virginia, Maryland, merce Act, the filing of such a petition Del., and Preston, Denton, and Greens­ New Jersey, that part of New York on and will postpone the effective date of the boro, Md.; (14) leather, from Philadel­ south of U.S. Highway 20, and that part order in that proceeding pending its phia, Pa., to Greensboro, Md.; (15) of Pennsylvania on and east of U.S. High­ disposition. The matters relied upon by leather goods, and canned goods, from way 220; (29) fish meal, in bulk and in petitioners must be specified in their Greensboro, Md., to Philadelphia, Pa., bags (except the transportation of liquid petitions with particularity. (16) livestock feeds and "building ma­ commodities in bulk), from Lewes, Del., No. MC-FC-66930. By order of Jan­ terials, from Baltimore, Md., and Phila­ to Harmony and St. Michaels, Md. uary 29, 1965, the Transfer Board ap­ delphia, Pa., to Marydel, Md., and Mary- (30) Crab meal, in bulk and in bags proved the transfer to Abbott Bus Lines, del, Del.; (17) livestock feeds and fertil­ (except the transportation of liquid com­ Inc., Roanoke, Va., of the operating izer, from Philadelphia, Pa., to points in modities in bulk), (a) Trom Cambridge, rights claimed by Taft Abbott, doing Cecil, Kent, Queen Annes, Caroline, and Honga, Marion, and Tilghman, Md., to business as Abbott Bus Lines, Roanoke, Talbot Counties, Md., and Sussex and Bridgeville, Del., Bordentown and Salem, Va., under the “grandfather clause” of Kent Counties, Del.; (18) livestock, live N.J., and Philadelphia and Lebanon, Pa.; section 206(a)(7)(B), in No. MC-56711 poultry, eggs, sugar, raw milk, skimmed (b) from Marion, Md., to Lakewood, (Sub-No. 2), covering certain operations milk, dried or not dried semisolid milk, N.J.; by virtue of authority granted in in the State of Virginia. Jno. C. Goddin, evaporated milk, cream and ice cream Certificate No. MC 37926 (Sub-No. 13); 10 South Tenth Street, Richmond 19, Va., mix, from Greensboro, Md., to Dover, ground animal and poultry offal (except attorney for applicants. Newark, Wilmington, Marshallton, and in bulk, in tank vehicles), from Bishop, No. MC-FC-66998. By order of Jan­ Hockessin, Del., and Chester, Philadel­ Cambridge, Easton, and Salisbury, Md., uary 29, 1965, the Transfer Board ap­ phia, and Media, Pa.; (19) squash seed, Bird-in-Hand, Fredericksburg, Lancas­ proved the transfer to Associated Trans­ from Greensboro, Md., to New York, ter, and Phoenixville, Pa., and Pleasant- port Co., of Texas, a corporation, Dallas, N.Y.; (20) scrapple cartons, pans, hog ville, N.J., to points in Delaware, Mary­ Tex.; of the operating rights claimed un­ casings, binder flour, ice boxes, from land, New Jersey, and Pennsylvania; and der the “grandfather clause” of section Philadelphia, Pa., and Wilmington, Del., by virtue of authority granted in Cer­ 206(a) (7) (B), in No. MC-99931 (Sub-No. to Greensboro and Easton, Md.; (21) tificate No. MC 37926 (Sub-No. 14); milk, 3), by Calvin A. Barker, doing business as show cases, from Easton and Greensboro, milk products, and ice cream mix, in con­ Associated Transport Co., Dallas, Tex.; Md., to Wilmington, Del., and Philadel­ tainers, from Greensboro, Md., to East- covering certain operations in Texas. phia, Pa.; (22) sugar, from Philadelphia, ville, Exmore, Fairfax, Cape Charles, Austin L. Hatchell, 1102 Perry Brooks Pa., and Baltimore, Md., to Greensboro, Cedar Grove, Chincoteague, Manassas, Building, Austin, Tex., attorney for ap­ Md.; (23) plumbing and heating sup­ and Tasley, Va. plicants. plies, between Philadelphia, Pa., and Nora: Applicant seeks prerequisite . ap­ No. MC-FC-67501. By order of Jan­ Greensboro, Md.; (24) machinery and proval under provisions of Section 210 of the uary 29, 1965, the Transfer Board ap­ parts, between Philadelphia, Chester, Act for dual control and operation of the proved the transfer to Holland Transfer York, Bethlehem, Harrisburg, Reading, following: (a) Howard G. Slaughter, doing Co., a corporation, 916 Salisbury Road* and Lancaster, Pa., and Wilmington and business as Slaughter Beverage Transport, Statesville, N.C., of the operating rights Laurel, Del., on the one hand, and, on No. MC 86003, and (b) Capital Express, Inc., in Certificate in No. MC-106202 (Sub- the other, Greensboro, Md.; (25) cal­ No. MC 119701, both published in F ederal No. 1) and those evidenced by a Certifi­ cium and chloride and bricks, between R egister this issue. cate of Registration in No. MC-106202 Philadelphia, Pa., Wilmington, Del., and No. MC 126439 (Sub-No. 1), filed Jan­ (Sub-No. 4), issued October 30,1956, and Baltimore, Md., on the one hand, and, uary 18, 1965. Applicant: CAMIRAND June 2, 1964, to W. R. Holland and R. B. on the other, Greensboro, Md. CARTAGE, LTD., 46 Milton Avenue, Holland, a partnership, doing business (26) Milk, milk products, and empty Ville St. Pierre, P.Q., Canada. Appli­ as Holland Transfer Co., 916 Salisbury milk cans, between Greensboro, Md., and cant’s attorney: Douglas C. Pierson, 181 Road, Statesville, N.C., authorizing the Dover, Del., on the one hand, and, on the South Union Street, Burlington, Vt. Au­ transportation of packinghouse products other Baltimore and Annapolis Md., thority sought to operate as a contract from Statesville, N.C., to points in North Alexandria, Va., Washington, D.C., points carrier, by motor vehicle, over irregular Carolina within 75 miles of Statesville; in Delaware, those in that part of Penn­ routes, transporting: Commercial mo­ and damaged, defective, rejected or re­ sylvania on and east of a line beginning lasses, in bulk, from the ports of entry turned shipments of the above-specified at the New York-Pennsylvania State line, on the International Boundary line be­ commodities, from points in North Caro­ and extending through Mills, Doylesburg, tween the United States and Canada at lina within 75 miles of Statesville, N.C., arid Marion, Pa., to the Pennsylvania- or near Richford and Troy, Vt., to Rich- to Statesville; and general commodities, Maryland State line, and those in that ford and Troy, Vt., restricted to traffic over irregular routes, from Statesville to part of Maryland on and east of Chesa­ originating at Montreal, Quebec, Canada. points in North Carolina, and between points in 24 counties in North Carolina, peake Bay and Susquehanna River; (27) Nora: Applicant states that the above pro­ household goods as defined by the Com­ posed operations will be performed for the and household goods, new furniture, mission; between points in Carolina, account of Grandma Molasses, Ltd. store, and office fixtures between points Talbot, and Queen Annes Counties, Md., in North Carolina. on the one hand, and, on the other, New By the Commission. No. MC-FC-67516. By order of Jan­ York, N.Y., points in Delaware, New Jer­ [seal] B ertha F. Armes, uary 29, 1965, the Transfer Board ap­ sey, Maryland, and the District of Co­ Acting Secretary. proved the transfer to Davies Motors lumbia, and those in that part of Penn­ [F.R. Doc. 65-1436;. Filed, Feb. 9, 1965; Ltd., a corporation, Point Edward, Sar­ sylvania east of U.S. Highway 15 between 8:48 a.m.] nia, Ontaria, Canada, of the operating the New York-Pennsylvania State line rights issued by the Commission Nove - and Harrisburg, and east of a line begin­ [Notice 1124] ber 30, 1960, and May 1, 1962, unde Certificates Nos. MC-102189 (Sub- ■ ning at Harrisburg and extending along MOTOR CARRIER TRANSFER unnumbered highway (formerly portion 1), and MC-102189 (Sub-No. 5).respec­ U.S. Highway 111) through New Cum­ PROCEEDINGS tively, to Sarnia Transit Co., berland, Pa., to junction U.S. Highway F ebruary 5,1965. Sarnia, Ontario, Canada, authorizing 111, thence along U.S. Highway 111 to Synopses of orders entered pursuant transportation, over irregular r.oUte®’ d junction unnumbered highway (formerly to section 212(b) of the Interstate Com­ passengers and their bassase» in r Wednesday, February 10, 1965 FEDERAL REGISTER 1921 trip charter operations, beginning and ments to the agreement therein approved Tariffs: Supplements 154 and 78 to ending at the port of entry at Port Huron, under the provisions of section 5a of the Traffic Executive Association-Eastern Mich., at or near the United States- Interstate Commerce Act. Railroads, agent, tariffs I.C.C. C-102 and Canada boundary line, and extending Filed February 1, 1965, by: James M. C-334, respectively. through said port to points in Michigan; Scouby, Jr., Chairman and Counsel, Western FSA No. 39558: Joint motor-rail and beginning and ending at ports of Railroad Traffic Association, Room 514 Union rates—middlewest motor freight. Filed entry on the United States-Canada Station, Chicago, 111., 60606. by Middlewest Motor Freight Bureau, boundary line in Michigan, and extend­ Amendments involved : Change Article agent (No. 354), for interested carriers. ing to points in Ohio, Pennsylvania, New IX, Section 7, of the Articles of Organi­ Rates on various commodities moving on York, Indiana, and Illinois. S. Harrison zation and Procedure so as to provide class and commodity rates over joint Kahn, Suite 733, Investment Building, thatk_ interested shippers may request routes of applicant rail and motor car­ Washington, D.C., attorney for appli- conference with one or more of the traffic riers, between points in middlewest executives directly involved, rather than territory; between points in middlewest No. MC-FC-67517. By order of Jan­ the Executive Committee of the Texas- territory, on the one hand, and points in uary 29, 1965, the transfer Board ap­ Louisiana Freight Bureau. central states and southwestern terri­ proved the transfer to Smith Avenue The application may be inspected at tories, on the other; also between points Storage Warehouse Moving Co., Inc., the office of the Commission in Washing­ in southwestern territory, on the one Kingston, N.Y., of the operating rights ton, D.C. hand, and points in central states terri­ issued by the Commission July 31, 1962, Any interested person desiring the tory, on the other. and July 31,1962, under Certificates Nos. Commission to hold a hearing upon such Grounds for relief: Motortruck com­ MC-38367 and MC-38367 (Sub-No^ 2), application shall request the Commis­ petition. respectively, to Bernice E. Faerber, doing sion in writing so to do within 20 days Tariff: Supplement 35 to Middlewest business as Smith Avenue Storage Ware­ from the date of this notice. As provided Motor Freight Bureau, agent, tariff MF- house Moving Co., Kingston, N.Y., au­ by the General Rules of Practice of the I.C.C. 417. thorizing the transportation of house­ Commission, persons other than appli­ FSA No. 39559: Returned limestone hold goods, as defined by the Commission, cants should fairly disclose their interest, from, to and between points in southern between Kingston, N.Y., and points in and the position they intend to take at territory. Filed by O. W. South, Jr., New York within 35 miles of Kingston, the hearing with respect to the applica­ agent (No. A4631), for interested rail on the one hand, and, on the other, points tion. Otherwise the Commission, in its carriers. Rates on limestone, ground or in Connecticut, Massachusetts, New Jer­ discretion, may proceed to investigate pulverized, in carloads, refused or re­ sey, New York, Pennsylvania, Delaware, and determine the matters involved in jected at original points of destination Maryland, Vermont, Virginia, and the such application without further or for­ and returned to original point of ship­ District of Columbia; and between Sau- mal hearing. ment, between points in southern terri­ gerties, N.Y., and points within 20 tory; also from points in official (includ-. miles of Saugerties, excluding those in By the Commission, division 2. ing Illinois) territory to points in south­ Dutchess County, N.Y., on the one hand, [seal] B ertha F. Armes, ern territory. and, on the other, points in New Hamp­ Acting Secretary. Grounds for relief: Carrier competi­ shire and Ohio. John J. Brady, Jr., 75 tion. State Street, Albany, N.Y., attorney for [F.R. Doc. 65-1438; Filed, Feb. 9, 1965; Tariff: Supplement 165 to Southern applicants. 8:48 a.m.} Freight Association, agent, tariff I.C.C. No. MC-FC-67519. By order of Jan­ S-146. uary 29, 1965, the Transfer Board ap­ FOURTH SECTION APPLICATIONS FOR FSA No. 39560: Scrap iron or steel proved the transfer to United Haulage from or to WTL territory. Filed by Co., Inc., Brooklyn, N.Y., of the operating FOR RELIEF Western Trunk Line Committee, agent rights issued by the Commission May 28, February 5,1965. (No. A-2390), for interested rail carriers. 1952, under Certificate in No. MC-92997, Protests to the granting of an applica­ Rates on scrap iron or steel, in carloads, to Ellen Nunziato, doing business as tion must be prepared in accordance with minimum 100,000 pounds, between points Nunziato Trucking Co., Cliffside, N.J., Rule 1.40 of the general rules of prac­ in Wyoming, on the one hand, and points authorizing the transportation, over ir­ tice (49 CFR 1.40) and filed within 15 in western trunkline territory, on the regular routes of chemicals, in containers, days from the date of publication of this other. from Edgewater, N.J., to Sparkill, New­ notice in the F ederal R egister. Grounds for relief: Market competi­ burgh, and Fircloff, N.Y., and empty tion, modified short-line distance for­ chemical containers, from the above- Long-and-S hort Haul mula and grouping. specified destination points to Edge- FSA No. 39556: Volcanic ash, slag or Tariff: Supplement 12 to Western water; and general commodities, with scoria to WTL territory. Filed by West­ Trunk Line Committee, agent, tariff exceptions, between North Bergen, N.J., ern Trunk Line Committee, agent (No. I.C.C. A-4530. on the one hand, and, on the other, points A-2388), for interested rail carriers. FSA No. 39561: Joint motor-rail in the New York, N.Y., commercial zone, Rates on volcanic ash, scoria or slag, in rates—Southern Motor Carriers. Filed and those specified in New Jersey, carloads, from Antonito, Crater, How­ by Southern Motor Carriers Rate Con­ «owes & Millner, 1060 Broad Street, ard and McClintock, Colo., to points in ference, agent (No. 107), for interested ewark, N.J., attorneys for applicants. western trunk-line territory. carriers. Rates on various commodities moving on class and commodity rates SEALJ Bertha F. Armes, Grounds for relief: Market competi­ Acting Secretary. tion. over joint routes of applicant rail and Tariff: Supplement 111 to Western motor carriers, between points in south­ [PH. Doc. 65-1437; Piled, Feb. 9, 1965; western territory, on the one hand, and 8:48 a.m.] Trunk Line Committee, agent, tariff I.C.C. A-4411. points in southern territory, on the other. FSA No. 39557: Soda ash to Forest Grounds for relief: Motortruck compe­ [Sec. 5a Application No. 2; Arndt. No. li Park and Hapeville, Ga. Filed by Traffic tition. Tariff: Supplement 1 to Southern Mo­ WESTERN TRAFFIC ASSOCIATION Executive Association-Eastern Rail­ roads, agent (EJt. No. 2760), for inter­ tor Carriers' Rate Conference, agent, Application for Approval qf Amène ested rail carriers. Rates on soda ash, tariff MF-I.C.C. 1338. ments to Agreement dense, in bulk, in covered hopper cars, By the Commission. in carloads, from specified points in F ebruary 5,1965. Michigan, New York, and Ohio, to Forest [seal] B ertha F. Armes, Dlirs h S W * * is in receipt of an ai Park and Hapeville* Ga. Acting Secretary. bered t ? above-entitled and nun Grounds for relief: Market competi­ [FJR. Doc. 65-1430; FUed, Feb. 9, 1965; red proceeding for approval of amène tion. 8:47 a.m.J 1922 FEDERAL REGISTER

CUMULATIVE LIST OF CFR PARTS AFFECTED— FEBRUARY

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

1 CFR Page 13 CFR Page 21 CFR— Continued Page Ch. I_...... 1727 101______1835 146b______----- 1781 107______1187 146c______3 CFR ----- 1255 14 CFR 148b______----- 1781 P roclamations: 148c______— 1781 3634 _ 1105 39______1032,1187,1239 47______1283 148e__ I______— --1782 3635 _ 1107 148h______1256,1782 3636 ____ 1109 71______1033- 1036, 1 1 1 1 -1 1 1 3 , 1188-1190, 1239, 148i______----- 1783 Executive Orders: 148j______— 1784 2216 (revoked in part by PLO 1283, 1835-1837. 73______1035,1036,1189,1239 148m______----- 1784 3532)______1288 148n______----- 1784 10530 (superseded in part by 75------*______1036,1113,1190,1191 77____ 1837 148p______1785 EO 11196)______1171 148s— ______1785 10573 (superseded by EO 97------1240, 1791 148t______1785 11196)______1171 159------— 1037 241______1191 191______1787 10852 (superseded by EO P roposed R ules: 11196)______1171 1245______1844 17______1257 11184 (superseded in part by P roposed R ules: 27______1296 EO 11196)____ 1171 39______1297 11189 (amended by EO 11195) _ 1169 63______1196 24 CFR 11195 ______1169 71______1052- 207______1727 11196 ___ 1171 1057, 1120, 1122-1126, 1200-1202, 213______1728 11197 ______1721 1257,1258,1297, 1299-1301,1816, 608-______1728 P residential D ocuments Other 1817, 1873-1877. 26 CFR han roclamations and x 73______1057,1126,1877 T P E ­ l ______1037,1173 ecutive Orders: 75------1876 Memorandum of February 1, 301______1116 1965______1725 15 CFR P roposed R ules: 6------1250 1______1048 5 CFR 368------1402 370 ------1405 27 CFR 213______1029,1111,1247 5 ...... 1846 338______1029 371 ------1410 351______1173 372 ------1417 28 CFR 771______1727 373 ------1427 0 ______1800 374 ------1451 7 CFR 375 ------1455 29 CFR 362______1728 376 ------1456 778______.1 1076 718______1281 377 ------1457 379 ______1458 30 CFR 814______1030 222______1041 905______1281 380 ______1471 907______1282 381 ------1475 31 CFR 910______1282 382 ______1478 270______1192 912______1282 383 ______1500 505— ______1284 927______1283 384 ______1501 970______1728 385 __:_____z -______1503 32 CFR 398 ______1508 1 ______1729 1421...... 1247 1732 1472______1250 399 _ 1512 2 ___;___ 1486______1178 3 ______1733 16 CFR 4 ______1733 P roposed R ules: 13______1 1 1 3 -1 1 1 5 , 1735 26__. 1118 6 ___ 1250-1252,1284,1777-1779 7 _;______1735 319_. 1119 1742 1013. 1048 P roposed R ules: 8 ______303-______1058 9______—, 1743 1065. 1857 1743 1104. 1289 10 ______17 CFR 11______1744 1127. 1119 15...... 1191 1744 1135 1802 13______19------1191 16______1764 1137. 1802 1764 19 CFR 30______1284 8 CFR 18— ------1845 125______—. 103____ 1030 834—______1041 P roposed R ules: 1041 212___ _ 1031 20______1196 882______214____ 1031 920______1Ô41 264____ 1031 21 CFR 1001______1775 299____ 1032 2 _ 12521002______1776 3 ------:------1845 1003______1776 9 CFR 19_____ 1253 1007______1777 P roposed R ules: 42______1779 1710______1777 131______1816 121______1254,1255 10 CFR 141— ______1779 33 CFR 1192 140_____ 1186 141a______1780,1785 l ______1044 141c______1780 62_____ —_____ 1192 12 CFR 141e______1780 74______1193 561_____ 1032 146a______1780,1785 204______Wednesday, February 10, 1965 FEDERAL REGISTER 1923

36 CFR Page P roposed R ules: 1 ___ 1857 38 CFR 17______1787 39 CFR 5______1846 22_____, ______1193 24______1846 P roposed R ules: 31______1872 41 CFR 3-60______1847 5-3______—___ 1045 5-7— ______1045 5-12______1045 5 -1 6 ______1047 5-53______1047 9-2______— 1288 101-6______1256 101-15______1256 101-20______1790 4 3 .CFR P ublic Land Orders: 3510 (amended by PLO 3533) _ 1194 3530 ______1193 3531 ______— _____ 1194 3532 ______1288 3533 ______— 1194 3534 _____ 1194 46 CFR 510______1849 47 CFR 2______1849 73 ______1047,1851, 1853-1855 74 ______1849 P roposed R ules: 2______— 1______— 1878 21____— ______1878 25^______1878 73______1057 49 CFR P roposed R ules: 72 ______1301 73 ______1302 74 ______— 1306 77 ______1306 78 ______1307 170______1127,1878

t

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