FEDERAL REGISTER VOLUME 32 • NUMBER 125

Thursday, June 29/1967 • Washington, D.C. Pages 9209-9292 (Part II begins on page 9283)

Agencies in this issue— Agriculture Department Atomic Energy Commission Business and Defense Services Administration Civil Aeronautics Board Coast Guard Commodity Credit Corporation Consumer and Marketing Service Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Railroad Administration Fish and Wildlife Service Food and Drug Administration General Services Administration Interagency Textile Administrative Committee International Commerce Bureau Interstate Commerce Commission Land Management Bureau Maritime Administration National Park Service Renegotiation Board Securities and Exchange Commission Small Business Administration Social Security Administration Transportation Department Treasury Department Detailed list of Contents appears inside.

No. 125—Pt. I-----1 Now Available

LIST OF CFR SECTIONS AFFECTED

1949-1963

THis volume contains a compilation of the “List of Sections Affected” for all titles of the Code of Federal Regulations for the years 1949 through 1963. All sections of the CFR which have been expressly affected by documents published in the daily Federal Register are enumerated.

Reference to this list will enable the user to find the precise text of CFR provisions which were in force and effect on any given date dur­ ing the period covered.

Price $6.75

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

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

Published dally, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FEDERALM®ISTEH Archives and Records Service, General Services Administration (mail address National Area Code 202 <4VITED*1934 ¿v Phone 962—8626 Archives Building, Washington, D.O. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 ( 49 Stat. 500, as am ended; 44 U.S.O., 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 Superintendent of Docum ents, U.S. G overnm ent Printing Office, W ashington, D.C. 20402. The Federal Registeb will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable in advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, U.S. G overnm ent Printing Office, W ashington, D.C. 20402. The regulatory material appearing herein is keyed to the Code op Federal Regulations, which is published, under 50 titles, pur­ suant to section 11 of the Federal Register Act, as amended. The Code op F ederal Regulations is sold by the Superintendent o Documents. Prices of books and pocket supplements are listed in the first Federal Register issue of each month. There are no restrictions on the republication of material appearing in the F ederal R egister or th e Code op F ederal R egulations. Contents

AGRICULTURE DEPARTMENT CONSUMER AND MARKETING FISH AND WILDLIFE SERVICE See also Commodity Credit Cor­ SERVICE Rules and Regulations poration; Consumer and Mar­ keting Service. Rules and Regulations San Andres National Wildlife Ref­ Nectarines grown in California; uge, N. Mex.; hunting______9234 Notices shipment limitations______9213 Director, National Agricultural FOOD AND DRUG Library; delegation of author- ity------9243 FEDERAL AVIATION ADMINISTRATION Nebraska; designation and exten­ ADMINISTRATION Rules and Regulations sion of areas for emergency loans______9243 Rules and Regulations Food additives; amprolium et al_ 9224 Airworthiness directives: ATOMIC ENERGY COMMISSION Allison-Aero Products Models GENERAL SERVICES A6441FN-606, A6441FN-606A Rules and Regulations propellers______9219 ADMINISTRATION AEC information and records; Piper PA-28 and PA-32 Series Rules and Regulations availability to public------9214 airplanes______9219 Performance bond form; revision. 9232 Byproduct material; export to cer­ Federal aid to airports______9220 tain Schedule A countries and Federal airways; alteration_____ 9220 Poland and Rumania______9213 Proposed Rule Making HEALTH, EDUCATION, AND Notices Federal airway; proposed desig­ WELFARE DEPARTMENT General Electric Technical Serv­ nation ______9237 See Food and Drug Administra­ ices Co., Inc.; notice of issuance Small airplanes; type certification tion; Social Security Adminis­ of facility export license______9243 standards ______9237 tration. Trustees of Columbia University in City of New York; notice of Notices v extension of completion date__ 9243 Air traffic control tower at Mid­ INTERAGENCY TEXTILE dletown, Pa.; notice of estab­ ADMINISTRATIVE COMMITTEE BUSINESS AND DEFENSE lishment ______9247 Notices SERVICES ADMINISTRATION Certain cotton textiles produced FEDERAL COMMUNICATIONS or manufactured in Malta; en­ Notices COMMISSION Scientific articles; duty-free entry try or withdrawal from ware­ (5 documents)______9244-9246 Rules and Regulations house for consumption______9257 Commercial radio operators; issu­ CIVIL AERONAUTICS BOARD ance of specially endorsed per­ INTERIOR DEPARTMENT Rules and Regulations mits to blind persons______9232 See Fish and Wildlife Service; Land Management Bureau; Na­ Air safety proceedings; rules of Notices practice______9221 tional Park Service. Inclusive tours by supplemental Hearings, etc.: air carriers, certain foreign air Akron Telerama, Inc., et al____ 9249 INTERNATIONAL COMMERCE carriers, and tour operators; Lawrence County Broadcasting miscellaneous amendments___ 9223 Corp., et al______9250 BUREAU Proposed Rule Making Lee Broadcasting Corp., and Mid Notices America Broadcasting Inc_9252 New World, Ltd.; order denying Economic proceedings; rules of Miss Lou Broadcasting Corp., practice____ \______9237 export privileges for an indef­ and Romac Baton Rouge inite period______9246 Notices Corp. (2 documents)___ ^__ 9253 Hearings, etc.: Muscat, Victor and KTOW-TV, Aerolineas Argentina^______9247 Inc. (2 documents)_____ 9254,9255 INTERSTATE COMMERCE Air Carrier Discussions-______9247 St. Anthony Television Corp. COMMISSION City of San Jose, Calif______9248 (KHMA-TV) et al______9254 International Air Transport As­ Rules and Regulations sociation ______9249 FEDERAL MARITIME Certain railroad; car service (3 documents)______9230, 9231 COAST GUARD COMMISSION St. Louis, Mo.-East St. Louis, HI.; Rules and Regulations Notices commercial zone______9231 Miscellaneous amendments to French North-Atlantic West­ Notices chapter______9234 bound Freight Conference; or­ der to show cause______9255 Fourth section application for re­ COMMERCE DEPARTMENT lief ______9275 Missouri-Kansas-Texas Railroad See Business and Defense Serv­ FEDERAL POWER COMMISSION Co.; rerouting or diversion of ices Administration; Interna­ Notices traffic ______9278 tional Commerce Bureau; Mari­ Motor carriers: time Administration. Niagara Mohawk Power Corp.; Broker, water carrier and COMMODITY CREDIT application for license______9256 fre ig h t forwarder applica­ tions ______9257 CORPORATION FEDERAL RAILROAD Intrastate applications______9275 Rules and Regulations ADMINISTRATION Temporary authority applica­ Cotton; 1967-crop supplement to tions ______9275 loan program regulations; cor­ Rules and Regulations Transfer proceedings______9277 rection------9213 Carriers by pipeline______9228 (Continued on next page) 9211 9212 CONTENTS LAND MANAGEMENT BUREAU Notices SMALL BUSINESS Rules and Regulations Administrative Officer, Mam­ ADMINISTRATION moth Cave National Park, Ky., Utah; public land order______9224 et al.; delegation of authority 9243 Rules and Regulations Notices Interpretations; miscellaneous Montana; classification of lands; RENEGOTIATION BOARD amendments______9218 correction______:______9239 Rules and Regulations SOCIAL SECURITY Nevada; classification of lands (2 Availability and control of renego­ ADMINISTRATION documents)______9239, 9240 tiation records and information. 9226 New Mexico; proposed classifica­ Information required of contrac­ Proposed Rule Making tion of lands______9241 tors; forms and instructions for Disclosure of information to pro­ Utah; proposed land classifica­ filing ______9226 tect national security______9236 tions ______\______9241 Washington; proposed withdrawal SECURITIES AND EXCHANGE and reservation of lands____ _ 9242 TRANSPORTATION DEPARTMENT COMMISSION See also Coast Guard; Federal MARITIME ADMINISTRATION Proposed Rule Making ^ Aviation Administration; Fed­ eral Railroad Administration. Rules and Regulations Reports of directors, officers and Seaman's service awards; changes principal stockholders______9238 Rules and Regulations Public availability of information. 9284 as to distributors and cost of Notices merchant marine ribbons_____ 9224 Notices Subscription Television, Inc.; or­ Assistant Secretary for Policy De­ NATIONAL PARK SERVICE der suspending trading______9257 velopment; delegation of au­ thority ______9247 Proposed Rule Making Cape Hatteras National Seashore, TREASURY DEPARTMENT N.C.; aircraft, camping, etc___ 9235 Mount Rushmore National Memo­ Notices rial, S. Dak.; climbing prohibi­ Thiourea from Japan; notice of tion ______9236 tentative determination______9239

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, 1967, and specifies how they are affected.

3 CFR P roposed R u l e s : 41 CFR 23______9237 E xecutive O rder: 71____ 9237 I - 16_ 9232 8652 (revoked in part by PLO 302______9237 I I - 1______9234 4236)__ 9224 11-60._____ 9234 17 CFR 7 CFR P roposed R u l e s : 43 CFR 916.______9213 240______9238 P u b lic L and O rders: 1427______9213 4236______9224 20 CFR 10 CFR P roposed R u l e s : 46 CFR 1______9214 401.™ ______9236 2 ______9215 350______9224 3 ______9215 21 CFR 9______9215 121___ 9224 47 CFR 36______9213 13______9232 32 CFR 13 CFR 1470______9226 49 CFR 121______9218 1480..___ 9226 7 __ 9284 180lIIIIII_IIIII.il______- ___ 9228 14 CFR 36 CFR 195 (3 documents)______9230,9231 39 (2 documents)______9219 P roposed R u l e s : 270______9231 71______9220 7 (2 documents)______9235,9236 151______9220 301______9221 50 CFR 378______9223 32______$234 9213 Rules and Regulations

an additional tolerance of 20 percent to Poland and Rumania. These com­ Title 7— AGRICULTURE shall be permitted for fruit that is not pounds are used in physical, biological, well formed but not badly misshapen. biochemical, and life science research. Chapter IX— Consumer and Market­ ♦ * * * * ing Service (Marketing Agreements Because the amendment involves the b. The provisions of this amendment foreign affairs functions of the United and Orders; Fruits, Vegetables, shall become effective June 23, 1967. States, the Commission has found that Nuts), Department of Agriculture (Secs. 1-19, 48 S tat. 31, as amended; 7 U.S.C. notice of proposed rule making and pub­ [Nectarine Beg. 1, Amdt. 1] 601-674) lic procedure thereon are contrary to the public interest and that good cause exists PART 916— NECTARINES GROWN IN Dated: June 23,1967. why the amendment should be made CALIFORNIA P aul A. Nicholson, effective upon publication in the F ederal Deputy Director, Fruit and R egister without the customary 30-day Limitation of Shipments Vegetable Division, Consumer notice. Findings. (1) Pursuant to the mar­ and Marketing. Service. Accordingly, pursuant to the Adminis­ keting agreement, as amended, and Or­ [F.R. Doc. 67-7355; Filed, June 28, 1967; trative Procedure Act of 1946, as der No. 916, as amended (7 CFR Part 8:46 a.m.] amended, and the Atomic Energy Act of 916), regulating the handling of nec­ 1954, as amended, the following amend­ tarines grown in the State of California, Chapter XIV— Commodity Credit Cor­ ment of Part 36, Title 10, Chapter I, Code of Federal Regulations, is published as a effective under the applicable provisions poration, Department of Agriculture of the Agricultural Marketing Agree­ document subject to codification tc be ment Act of 1937, as amended (7 U.S.C. SUBCHAPTER B— LOANS, PURCHASES, AND effective upon publication in the F ederal 601-674), and upon the basis of the rec­ OTHER OPERATIONS R egister. ommendations of the Nectarine Admin­ PART 1427— COTTON A new § 36.24 is added to read as istrative Committee, established under follows: Subpart— 1967-Crop Supplement to the aforesaid amended marketing agree­ § 36.24 Export of certain byproduct ma­ ment and order, and upon other avail­ Cotton Loan Program Regulations terial to certain Schedule A countries able information, it is hereby found that Correction and Poland and Rumania. the limitation of shipments of nectarines, in the manner herein provided, will tend In F.R. Doc. 67-5422, appearing at page (a) A general license designated AEC- to effectuate the declared policy of the 7386 of the issue for Thursday, May 18, GL~3624a is hereby issued authorizing act. / 1967, in § 1427.1511, the rate entry for any licensee of the Commission or of an Osceola, Mississippi County, Ark., should agreement State to export from the (2) It is hereby further found that read “20.35” instead of “10.35”. United States byproduct material cov­ it is impracticable, unnecessary, and ered by his license having an atomic num­ contrary to the public interest to give ber from 3 to 83, inclusive, in labeled preliminary notice, engage in public rule- organic or inorganic compounds in quan­ making procedure, and postpone the. ef­ Title 10— ATOMIC ENERGY tities not to exceed one curie per ship­ fective date of this amendment until 30 Chapter I— Atomic Energy ment, to any foreign country or destina­ days after publication thereof in the tion listed in § 36.50, Schedule A, except Federal R egister (5 U.S.C. 553) in that Commission East Germany (Soviet Zone of Germany the time intervenirig between the date PART 36— EXPORT AND IMPORT OF and the Soviet Sector of Berlin); China, when information upon which this BYPRODUCT MATERIAL including Manchuria (and excluding amendment is based became available Taiwan (Formosa)) (includes Inner and the time when this amendment Certain Schedule A Countries and Mongolia; and provinces of Tsinghai and must become effective in order to effec­ Poland and Rumania Sikang; Sinkiang; Tibet; the former tuate the declared policy of the act is in­ Kwantung Leased Territory; the present sufficient; and this amendment relieves The Atomic Energy Commission has amended its regulations, “Export and Port Arthur Naval Base Area and Liaon­ restrictions on the handling of nectar­ ing Province); North Korea; Commu­ ines grown in California. Import of Byproduct Material,” 10 CFR Part 36, by the addition of a new § 36.24, nist-controlled area of Viet-Nam; and a. Order. It is, therefore, ordered that to issue a general license to AEC licensees Cuba. the provisions of paragraph (a) (1) of (b) A general license designated §916.329 (Nectarine Regulation 1; 32 and agreement State1 licensees for the export of (1) byproduct material having AEC-GL-3624b is hereby issued au­ F.R. 7911) are hereby amended to read thorizing any licensee of the Commis­ as follows : an atomic number from 3 to 83, inclusive, in labeled organic or inorganic com­ sion or of an agreement State to export §916.329 Nectarine Regulation 1. pounds in quantities not to exceed one from the United States tritium covered curie per shipment to certain destinations by his license with a specific activity of (a) Order. (1) During the period listed in § 36.50, Schedule A, and (2) tri­ not more than 10 curies per gram of June 23, 1967, through October 31, 1967, tium with a specific activity of not more hydrogen in labeled organic compounds, no handler shall handle any package or to Rumania and Poland and to any container of any variety of nectarines than 10 curies per gram of hydrogen in quantities not to exceed 10 curies per foreign country or destination listed in unless such nectarines grade at least U.S. shipment in labeled organic compounds § 36.50, Schedule A, except East Ger­ No. 1 : Provided, That nectarines 2 inches to certain destinations listed in § 36.50, many (Soviet Zone of Germany and the m diameter or smaller, or 4 x 4 size or Schedule A, and Poland and Rumania. Soviet Sector of Berlin); China, includ­ smaller, shall not have fairly light col­ Section 36.21 provides a general license ing Manchuria (and excluding Taiwan ored, fairly smooth scars which exceed for export of byproduct material having (Formosa)) (includes Inner Mongolia; the aggregate area of a circle % inch in an atomic number from 3 to 83, inclusive, the provinces of Tsinghai and Sikang; diameter, and nectarines larger than 2 Sinkiang; Tibet; the former Kwantung inches in diameter, or larger than 4 x 4 1A State to which the Commission has Leased Territory; the present Port size, shall not have fairly light colored, transferred certain regulatory authority over Arthur Naval Base Area and Liaoning fairly smooth scars which exceed an radioactive material by formal agreement, Province); North Korea; Communist- aggregate area of a circle V2 inch in pursuant to Section 274 of the Atomic Energy controlled area of Viet Nam; and Cuba. diameter: And provided further, That Act of 1954, as amended. No single shipment of tritium in labeled

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9214 RULES AND REGULATIONS organic compounds exported pursuant to which may be withheld from public in­ party to a proceeding will be furnished the general license of this paragraph spection pursuant to § 2.790(b) and § 9.5 to the Board for determination as to shall exceed 10 curies. (a) of Part 9. whether it is material and relevant to (c) A person exporting byproduct ma­ Paragraph (b) of § 2.790 of Part 2 the proceeding, unless the General Man­ terial pursuant to paragraphs (a) and has been amended to provide that cer­ ager determines that the disclosure of (b) of this section shall file with the tain records may, upon application, be the record is contrary to the public Collector of Customs, or the Postmaster, withheld from public disclosure if the interest. one copy, in addition to those which Commission finds that withholding such Because these rules relate solely to may otherwise be required, of the Ship­ records is not contrary to the provisions agency organization and practice and per’s Export Declaration, covering each of Part 9 and the request meets the procedure, the Commission has found export, marked for transmittal to the present standards for the withholding of that notice of proposed rule making and Director, Division of State and Licensee such records. public procedures thereon are unneces­ Relations, Ü.S. Atomic Energy Commis­ A corrective amendment of § 3.10(a) sary and good cause exists to make the sion, Washington, D.C. 20545. In addition (3) of Part 3 has been made to conform amendments effective on July 4, 1967. to such other information as may be re­ the reference to Part 9 to the correct Sinffe these amendments are designed quired, the following information shall section of the amended part. to provide information and guidance to be included in the Shipper’s Export Part 9 has been revised as a whole to members of the public regarding the Declaration: Identification of the by­ provide detailed implementation of 5 availability of AEC records, the Commis­ product material; the quantity in curies; U.S.C. section 552. It provides informa­ sion invites all interested persons who and the chemical compound. tion as to the availability to the public desire to submit written comments or of AEC records. As stated in § 9.1, Part 9 (Sec. 161, 63 S tat. 948; 42 U.S.C. 2201. In ter­ suggestions regarding these amendments pret or apply secs. 81, 83, 68 Stat. 935; 42 is not intended to limit the distribution of to send them to the Secretary, U.S. U.S.C. 21 ljl, 2112) information by the AEC through its Atomic Energy Commission, Washing­ public and technical information pro­ ton, D.C. 20545, within ninety (90) days Dated at Germantown, Md., this 15th grams, nor the transmission of infor­ after the effective date of these amend­ day of June 1967. mation between the AEC and its con­ ments. Consideration will be given such For the Atomic Energy Commission. tractors or Government agencies. submission with the view to possible fur­ Section 9.2 includes pertinent defini­ ther amendments of the regulations. W. B. M cCool, tions including a definition of “Record.” Secretary. Copies of comments received may be Section 9.3 identifies § 1.7 of Part 1 as examined at the Commission’s Public [F.R. Doc. 67-7330; Filed, Ju n e 28, 1967; the source for certain information on the Document Room, 1717 H Street NW., 8:45 a.m.] organization, functions, procedures and Washington, D.C. 20545. rules of the AEC. Pursuant to the Atomic Energy Act of Amended § 9.4 states that any identifi­ 1954, as amended, and the Administra­ AVAILABILITY TO THE PUBLIC OF AEC able record in the possession of the AEC tive Procedure Act of 1946, as amended, INFORMATION AND RECORDS will be made available upon request to any member of the public. AEC records the following amendments of 10 CFR The Atomic Energy Commissiqn which are exempt from disclosure pur­ Parts 1, 2, 3, and 9 are published as a (AEC) has adopted amendments of 10 suant to 5 U.S.C. section 552 are identi­ document subject to codification to be CFR Part 1, Statement of Organization, fied in § 9.5(a). Certain of these identi­ effective on July 4, 1967. Delegations, and General Information; fied exemptions are followed by examples pa rt 1— STATEMENT OF ORGANI­ 10 CFR Part 2, Rules of Practice; 10 CFR illustrative of the types of records which ZATION, DELEGATIONS, AND GEN­ Part 9, Public Records, which are de­ are considered to be covered by the signed to effectuate the provisions of exemption. ERAL INFORMATION Title 5, United States Code, section 552 Section 9.6 provides for the deletion of 1. A new § 1.7 is added to 10 CFR (Public Law 90-23, 5 U.S.C. sec. 552) identifying details in an/ AEC opinion, Part 1 to read as follows: relating to the availability to the pub­ order, or other records required by law lic of information regarding AEC rules, to be made available if the release of §-1.7 Description of organization, func­ opinions, orders, records and proceedings. such information amounts to a clearly tions, procedure, and substantive A new § 1.7 is added to Part 1 which, unwarranted invasion of personal pri­ rules. for the guidance of the public, states vacy. (a) A description of the central and where a description of the central and Section 9.7 provides information as to field organization of the Atomic Energy field organization of the AEC may be where certain records of the AEC may Commission and the established places found; provides information as to the be inspected. Section 9.8 identifies the at which, the employees from whom, and general course and method by which the location where copies of AEC records the methods whereby, the public may functions of the AEC are channeled and may be obtained and specifies the pro­ secure information, make submittals or determined; specifies where AEC rules cedure to be followed by a member of the requests, or obtain decisions, may be of procedure and descriptions of forms public in requesting a copy of an AEC found in this part and in other parts may be obtained; and specifies where record. of this chapter as supplemented by the substantive rules of general applicability The provisions of § 9.9 establish the Atomic Energy Commission Manual. and statements of general policy may be charges to be assessed by the AEC for The Atomic Energy Commission Man­ found. searching for, and providing copies of, ual is the principal means by which the A new § 1.8 is added to Part 1 which records. Commission publishes policy, assigns re­ identifies Part 9 as the source of AEC Section 9.10 provides a procedure sponsibility, delegates authority, estab­ rules governing the availability of its whereby AEC records exempt from dis­ lishes procedures and standards, and public records. closure pursuant to § 9.5(a) may be provides guidance to its staff, including Paragraph (a)-(17) of § 1.16 of Part 1 made available to a person if requested material not required by law to be pub­ identifies more specifically the function or subpoenaed. This section also pro­ lished in the F ederal R egister. The pro­ of the Office of the Secretary with re­ vides that the General Manager or the visions of the Manual are supplemented spect to the availability to the public of Director of Regulation will make the by local directives issued by Headquar­ AEC records. final AEC determination as to whether ters, operations offices, and area offices Paragraph (a) of § 2.790 of Part 2 is or not an exempt record may be dis­ of the Atomic Energy Commission. These amended to identify a class of AEC rec­ closed to a person requesting the disclo­ directives include instructions and guid­ ords which is to be specifically available sure of such a record. Paragraph (f) ance dealing with local matters and are to the public for inspection. These rec­ of § 9.10 provides for a separate pro­ available for inspection at the respec­ ords consist of correspondence between cedure for the disclosure of exempt rec­ tive issuing offices. Copies of the Atomic the AEC and others regarding certain ords in proceedings of the AEC Board Energy Commission Manual are avail­ aspects of the AEC regulatory program. of Contract Appeals. Under this proce­ able for public inspection at the Com­ The only exceptions involve records dure an exempt record requested by a mission’s Public Document Room, l"l

FEDERAL REGISTER, VOL. 32, NO. 125-—THURSDAY, JUNE 29, 1967 RULES AND REGULATIONS 9215

H Street NW., Washington, D.C., and PART 2— RULES OF PRACTICE § 9.1 Scope. each of the field offices listed in § 1.16 4. Paragraphs (a) and (b) of § 2.790 This part implements the provisions of (b). Where no other employee or or­ 5 U.S.C. section 552, with respect to the ganizational unit is otherwise desig­ of 10 CFR Part 2 are amended to read as follows: availability to the public of the Atomic nated, information may be obtained Energy Commission’s records for inspec­ from the Division of Public Information § 2.790 Public inspections, exceptions, tion and copying. This part does not limit at Headquarters or from the Public In­ requests for withholding. the distribution of information by the formation Officer at a field office. (a) Except as provided in paragraph AEC as part of its public and technical (b) Statements of the general course (b) of this section, correspondence or information programs, nor the transmis­ and method by which the functions of portions of correspondence to and from sion of information between the AEC and the Atomic Energy Commission are chan­ the AEC regarding the issuance, denial, its contractors or Government agencies. neled and determined, including the na­ amendment, transfer, renewal, modifi­ ture and requirements of all formal and cation, suspension, revocation or viola­ § 9.2 Definitions. informal procedures available, may also tion of a license, permit, or order, or As used in this part: be found in the Atomic Energy Commis­ regarding a rule making proceeding sub­ (a) “AEC” means the agency estab-. sion Manual and in this chapter. ject to this Part 2 shall not be exempt lished by the Atomic Energy Act of 1954, (c) Rules of procedure, descriptions from disclosure and will be made avail­ as amended. of forms available or the places at which able for inspection and copying in the (b) “AEC personnel” means employees, forms may be obtained, and instructions AEC Public Document Room. consultants, and members of advisory as to the scope and content of all papers, (b) A person who proposes that a docu­ boards, committees and panels of the reports, or examinations' may be found ment or a part be withheld in whole or AEC; members of boards designated by in the Atomic Energy Commission Man­ in part from public disclosure shall at the Commission to preside at adjudica­ ual and in this chapter. the time of filing it submit an application tory proceedings; and officers or em­ (d) Substantive rules of general ap­ for withholding or make timely applica­ ployees of Government agencies, includ­ plicability adopted as authorized by law, tion thereafter identifying the document ing military personnel, assigned to duty and statements of general policy or in­ or part, and stating reasons why it should at the AEC. terpretations of general applicability be withheld. He shall, as far as possible, (c) “Commission” means the com­ formulated and adopted by the agency, incorporate in a separate paper any part mission of five members or a quorum may be found in this chapter and in sought to be withheld. The Commission thereof sitting as a body, as provided by the notices collated under the heading may withhold any document or part from section 21 of the Atomic Energy Act of “Miscellaneous Notices” and published public inspection if disclosure of its con­ 1954, as amended. with this chapter in the official docu­ tents is not required pursuant to Part 9 (d) “Government agency” means any ment entitled “U.S. Atomic Energy Com­ of this chapter, is not required in the executive department, commission, in­ mission Rules and Regulations,” obtain­ public interest and would adversely affect dependent establishment, corporation able from the Superintendent of Docu­ the interest of a person concerned. With­ wholly or partly owned by the United ments, U.S. Gôvernment Printing Office, holding from public inspection shall not, States of America which is an instru­ Washington, D.C. 20402. Procurement by however, affect the right, if any, of per­ mentality of the United States, or any the Atomic Energy Commission is con­ sons properly and directly concerned to board, bureau, division, service, office, ducted pursuant to the Atomic Energy inspect the document. If the applicant officer, authority, administration, or Commission Procurement Regulations fails to comply with the requirements of other establishment in the executive published in Title 41, Chapter 9, Code this paragraph, the Commission will in­ branch of the U.S. Government. of Federal Regulations, as supplemented form him that it intends to deny his (e) “Record” means any book, paper, by pertinent provisions of the Atomic application unless he complies with those map, photograph, brochure, punch card, Energy Commission Manual. requirements within the time stated in magnetic tape, paper tape, sound record­ (e) Amendment, revision, or repeal of the notice. ing, pamphlet, slide, motion picture, or material described in paragraphs (a) * * * * * other documentary material, regardless through (e) of this section is made avail­ of physical form or characteristics, made able to the public by amendment of this PART 3— RULES OF PROCEDURE IN or received by the AEC pursuant to Fed­ chapter or of the other sources men­ CONTRACT APPEALS eral law or in connection with the trans­ tioned in this section, as appropriate. action of public business and preserved 2. A new § 1.8 is added to 10 CFR Part § 3.10 [Amended] by the AEC as evidence of its organiza­ 1 to read as follows: 5. Paragraph (a) (3) of § 3.10 of 10tion, functions, policies, decisions, pro­ CFR Part 3 is amended by substituting cedures, operations, programs, or other § 1.8 Availability of public records. “§ 9.5(a) of this chapter” for “10 CFR activities. “Records” do not include ob­ Part 9 of this chapter prescribes the 9.4.” jects or articles such as structures, fur­ rules governing availability of the niture, tangible exhibits or models, or Atomic Energy Commission’s public vehicles or equipment. records. : pa rt 9— PUBLIC RECORDS . The present Part 9 of 10 CFR is§ 9.3 Statement of organization, func­ 3. Paragraph (a) (17) of § 1.16 of 10 6 tions, procedure, and substantive CFR Part 1 is amended to read as deleted and a new Part 9 is substituted to rules. follows: read as follows : sec. As required by 5 U.S.C. section 552, a § 1.16 Office of the Secretary. 9.1 Scope. statement as to the sources of informa­ 9.2 Definitions. tion concerning the following subjects (a) * * * 9.3 Statement of organization, functions, may be found in § 1.7 of this chapter: (17) Administers the Commission’s procedure, and substantive rules. (a) A description of the central and field Public Document Room, receives and 9.4 Availability of records. organization of the AEC and the estab­ responds to all written and oral requests 9.5 Exemptions. lished places at which, the officers from for the inspection or copying of identi­ 9.6 Deletion of identifying details. 9.7 Inspection of records. whom, and the methods whereby, the fied AEC public records, and maintains 9.8 Copies of records. public may secure information, make a current index for public inspection or 9.9 Charges for locating and reproducing submittals or requests, or obtain deci­ copying of all final orders, opinions, copies of records. sions; (b) statements of the general statements of policy, interpretations, 9.10 Production or disclosure of exempt course and method by which the AEC staff manuals or instructions of the records. functions are channeled and determined, AEC which affect any member of the Authority: The provisions of this Part 9 including the nature and requirements Public; and * * * issued un d er 81 S tat. 54; 5 U.S.C. 552; sec. of all formal and informal procedures ***** 161, 68 Stat. 948; 42 U.S.C. 2201. available; (c) AEC rules of procedure,

< FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29. 1967 9216 RULES AND REGULATIONS descriptions of forms available or the (5) Interagency or intraagency mem­ ment of statutes, regulations, terms of places at which forms may be obtained, orandums or letters which would not be licenses, and orders. and instructions as to the scope and con­ available by law to a private party in (8) Matters contained in or related to tents of all papers, reports, or examina­ litigation with the AEC. To the extent examination, operating, or condition re­ tions; (d) AEC substantive rules of not so available by law, examples include, ports prepared by, on behalf of, or for general applicability adopted as author­ but are not limited to: the use of any Government agency re­ ity by law, and statements of general (i) Reports, memorandums, letters, sponsible for the regulation or super­ policy or interpretations of general ap­ correspondence, work papers, minutes of vision of financial institutions. plicability formulated and adopted by meetings, and staff papers prepared for (9) Geological and geophysical infor­ AEC; and (e) every amendment, revi­ use within the AEC or within the Execu­ mation and data (including maps) con­ sion, or repeal of the foregoing. tive Branch of the Government by (a) cerning wells. members of the Commission, AEC per­ (10) Records belonging to another § 9.4 Availability of records. sonnel, or any Government agency, or Government agency or dealing with sub­ Any identifiable record which is in the (b) an AEC contractor, or its personnel ject matter as to which a Government possession of the AEC shall be made acting within the scope of a contract with agency, other than the AEC, has exclu­ available upon request of any member of the AEC; sive or primary responsibility. Requests the public. (ii) Advance information on proposed for such records shall be promptly for­ § 9.5 Exemptions. AEC plans to procure, lease or otherwise warded to the appropriate Government acquire or dispose of materials, real agency. (a) The following types of records areestate, facilities, or functions, when such (b) Nothing in this part authorizes exempt from public disclosure under information would provide undue or un­ withholding of information or limiting § 9.4: fair competitive advantage to any the availability of records to the public, (1) Records specifically required by person; except as specifically provided in this Executive order to be kept secret in the (iii) Records prepared for use in pro­ part, nor is this part authority to with­ interest of national defense or foreign ceedings before any Federal or State hold information from Congress. policy. court or administrative body; § 9.6 Deletion of identifying details. (2) Records related solely to the inter­ (iv) Evaluations of contractors or nal personnel rules and practices of the products; Whenever the release of the name or AEC. This exemption does not apply to (v) Information scheduled for public names or other identifying details of, or rules relating to the work hours, leave, release, but as to which premature re­ relating to, a private party or parties and working conditions of AEC person­ will constitute a clearly unwarranted in­ lease would be contrary to the public vasion of personal privacy, an opinion, nel, or similar matters. To the extent interest; that they cannot be disclosed without (vi) Reports of inspections or inves­ order, or other record required to be made harm to the functions to which they per­ tigations or surveys which pertain to the available pursuant to 5 U.S.C. section tain, examples of exempt records of the internal management or administration 552 will be published or made available type specified in the first sentence of this of the AEC; with such identifying details deleted and paragraph include, but are not limited (vii) Financial accounts and records with a notification such as the following to: and supporting documents; budget docu­ as a preamble: (i) Operating rules, guidelines, man­ ments and supporting papers used or Names of parties and certain other identi­ uals on internal procedure, schedules and arising in the preparation and/or execu­ fying details have been removed in order to prevent a clearly unwarranted invasion of methods utilize^ by AEC inspectors, in­ tion of a budget; annual and multiyear the personal privacy of the individuals in­ vestigators, auditors, and examiners; program and financial plans and sup­ volved. (ii) Negotiating techniques and posi­ porting papers; audit reports, programs, tions, including the fixed-fee policies of work papers, and other data developed § 9 .7 Inspection o f records. the AEC; during the course of audits. (a) The AEC Public Document Room (iii) Bargaining positions and limita­ (6) Personnel and medical files and at 1717 H Street NW., Washington, D.C., tions; similar files the disclosure of which would is the place where the following records (iv) Personnel policies, procedures constitute a clearly unwarranted inva­ will be made available for public inspec­ and instructions; internal staffing plans, sion of personal privacy. Information in tion and copying: requirements, authorizations, controls, such files, which is not exempt from dis­ (1) Atomic Energy Commission rules and supporting data relating to position closure pursuant to other provisions of and regulations; management and manpower utilization; this § 9.5, will not be withheld from the (2) All final opinions (including con­ and information involved in the deter­ individual concerned or from his desig­ curring and dissenting opinions) and all mination of the qualifications of candi­ nated legal representative, and it may be orders made in the adjudication of cases; dates for employment or advancement. disclosed to others with his written con­ <3) Statements of policy and interpre­ (3) Records specifically exempted sent. To the extent that they involve a tations which have been adopted by the from disclosure by statute. clearly unwarranted invasion of personal AEC and are not published in the F ed­ (4) Trade secrets and commercial or privacy, examples of files exempt from eral R eg ist e r ; financial information obtained from a disclosure include, but are not limited to: (4) Atomic Energy Commission Man­ person and privileged or confidential. (i) Files containing the names of in­ ual and instructions to AEC personnel Such information, to the extent that it dividuals who have received exposure to that affect any member of the public; is customarily confidential, includes, but radiation; (5) A record of the final vote of is not limited to: (ii) Files containing reports, records each member in every Commission (i) Information received in confidence, .and other material pertaining to indi­ proceeding; such as trade secrets, inventions and dis­ vidual cases in which disciplinary or (6) A current index of the foregoing coveries, and proprietary data; other administrative action has been or records issued, adopted or promulgated (ii) Technical reports and data, de­ may be taken, including records of pro­ after July 4, 1967. signs, drawings, specifications, formulae, ceedings pertaining to the conduct or (b) The Public Document Room will or other types of proprietary information performance of duties by AEC person­ be open between 8:30 a.m. and 5:15 p.m. which are generated or developed by the nel. Opinions and orders resulting from on Mondays through Fridays. AEC or for the AEC under contract; those proceedings shall be disclosed with­ (iii) Statistical data or information out identifying details if used, cited or § 9.8 Copies of records. concerning contract performance, in­ relied upon as precedent, as provided in (a) Copies of records may be requested come, profits, losses, and expenditures, § 9.6. at the Public Document Room or at any if received in confidence from a contrac­ (7) Except to the extent available by one of the major field offices of the AEC tor or potential contractor; law to a private party, investigatory files identified in § 1.6 (b) of this chapter. (iv) Information withheld pursuant compiled for law enforcement purposes, (b) If the requested records are not to § 2.790 of this chapter. including without limitation the enforce­ available at the Public Document Room

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 RULES AND REGULATIONS 9217 or at the major field office where the (3) The minimum charge for a recorderal Counsel, the General Manager, or request is made, a request shall be ad­ search will be $2.50. dressed in writing to the Secretary, U.S. the Director of Regulation finds that (d> A deposit equal to the estimated the record sought fa exempt from pro­ Atomic Energy Commission, Washing­ cost of searching for and reproducing ton, D.C. 20545. duction or disclosure pursuant to § 9.5 (a) the number of requested copies will be and its production or disclosure would (c) A request shall Identify the record required to be paid in advance by any be contrary to the public interest, the sought by a brief description containing person requesting copies of records from General Manager or the Director of the name, number, or date, as applicable; the Secretary. Refunds of unused de­ Regulation shall so notify the person in sufficient detail to permit the identifi­ posits or additional billings will be made who sought the record. If the request for cation and location of the record. to adjust the charge to the actual cost. an exempt record is received from any (d) If the description of the record (e) Transcripts of testimony in AEC State or political subdivision thereof, requested does not permit its identifica­ adjudicatory proceedings, which are the General Manager or the Director of tion, the Secretary shall so inform the transcribed by a reporting firm under Regulation, after consultation with the person making the request. contract with the AEC, shall be pur­ General Counsel, may, upon a finding (e) If the record requested is exempt chased directly from the reporting that the disclosure of the record is not from disclosure pursuant to § 9.5 (a), the firm at charges established under the contrary to the public interest, produce Secretary shall follow the procedure contract. or disclose the record. Authority of the specified in § 9.10(h)-. (f) No charge will be made for; Director of Regulation to authorize pro­ (f) If the record has been adequately (1) Locating requested records which duction or disclosure of a-record shall are on file in the Public Document Room extend to records in the custody of divi­ identified and can be made available, the or in a comparable facility at a major Secretary shall notify the person making field office; sions which report to him pursuant to the request as to when it is anticipated Part 1 of this chapter, and the authority (2) A record search for a requested of the General Manager to authorize that the record will be available and of record or for furnishing copies of AEC the estimated cost of conducting the production or disclosure of a record shall search for the record and making the records if it is determined by the AEC extend to all other divisions, offices, and to be appropriate in the interest of its activities of the AEC. requested copies. program. (d) Decisions of the General Manager § W Charges for locating and reproduc­ § 9.10 Production or disclosure of ex­ ing copies of records. or the Director of Regulation with re­ em pt records. spect to requests or subpoenas for rec­ (a) A self-service, coin-operated office (a) Records of the kind specified in ords exempt from disclosure or produc­ copying machine, located in the Reading 19.5(a) shall not be produced or dis­ tion shall be in writing and shall Room adjacent to the Public Document closed by AEC personnel, or AEC con­ constitute the final action of the AEC. Room,, fa available for the reproduction tractors who may have possession of such (e) AEC personnel, or AEC contrac­ of records up to 8% x 14 inches in size records, except in accordance with this at a charge -of $0.25 per page copy.. In tors who are required by a subpoena to section. produce or disclose a record of the types addition, there is available at the Pub­ (b) AEC personnel or AEC contractors lic Document Room, for a charge of. included in § 9.5(a) shall appear in re­ from whom a record exempt from dis­ sponse thereto and shall respectfully de­ $0.50 per hour of use or any fraction closure fa sought shall follow the pro­ thereof, a self-service copying machine cline to produce or disclose the record cedure specified below: described, basing refusal on this para­ for the use of those persons who choose (1) If an exempt record is sought from to provide their own paper for the re­ graph, unless production or disclosure a major field office,, the request or the haa been authorized pursuant to this production of records. Where such copy­ subpoena shall promptly be forwarded §9.10. ing machines are available for public to the Manager of the field office in­ use in. major AEC field offices, the same (f) Records of the types included in charge will be made. * volved, who in turn, after consultation 59.5(a), except for those included in with his Chief Counsel, shall forward subparagraphs (1) and (3) of § 9.5(a), (b) For copies of records to be made copies of the request or subpoena to the and furnished by the AEC, the following which are requested by a party to a reproduction charges, will be made: General Manager and to the General proceeding conducted pursuant to Part Counsel with an appropriate recom­ 3 of this chapter shall be furnished (1) Sizes up to ay2 x 14 inches made mendation for disposition. on office copying machines—$0.25 per to the Board of Contract Appeals C2) If an exempt record fa sought from panel established to preside at the Page copy. an AEC contractor, the request or sub­ (2) Sizes larger than 8y2 x 14 inches proceeding and shall be reviewed by the poena shall promptly be forwarded to panel to determine whether such records made on office copying machines—$0.25 the AEC contracting officer administer­ for each 8 % x 14 inch unit or fraction are material and relevant to the proceed­ ing the contract who will then follow ing. If the panel determines that the re­ thereof per page copy. the procedure specified in subparagraph (2) Photostat copies—$0.40 each up quested records are material and rele­ (1) or (3) of this paragraph (b) as vant to the proceeding, it may authorize « ^ inches. Copies larger than 9 x 12 appropriate. niches, $0.40 for each 9 x 12 inch unit or the disclosure of the records unless the fraction thereof. (3) If an exempt record fa sought atGeneral Manager determines that the (4) The charge for reproducing other any other place, the request or subpoena disclosure of the records will be con­ records will be computed on the AEC shall promptly be forwarded to the Gen­ trary to the public interest. Records pro­ full-cost recovery basis. eral Manager or to the Director of Reg­ duced pursuant to this paragraph (f) ulation, as appropriate, with a copy to shall be used ( ) only by the panel and (5) The minimum charge for copies the General Counsel. 1 of requested records made and furnished the parties to the proceeding, and (21 Dy the AEC will be $ 1 per order. (c) If, after consultation with the only for the purpose of the proceeding; (c) In the event a search fa required General Counsel, the General Manager, and shall not become a part of the public or the Director of Regulation finds that record of the proceeding. to locate a requested record, the follow­ the record sought is not exempt from ing search charges will be made: (Sec. 161, 6a S tat. 948; 42 U.S.C. 2201) (1) By clerical personnel, $5 per per­ production or disclosure, or, if the record son per hour; fractional parts of an is exempt, that its production or dis­ Dated at Washington, D.C., this 23d closure is not contrary to the public day of June 1967. nour shall be charged on a pro rata interest and will not adversely affect the Oasis. For the Atomic Energy Commission. (2) By professional personnel at an rights of any person, the General Man­ actual hourly charge to be established ager or tiie Director of Regulation will W . B. M cC ool, prior to search; fractional parts of an authorize the production or disclosure Secretary. our shall be charged on a pro rata basis. of the record to the person who sought [FR. Doc. 67-7388; Filed, June 28', 1967; it. If, after consultation with the Gen- 8:48 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 No. 125—Pt. I----2 9218 RULES AND REGULATIONS of stock totaling 40 percent of a concern’s ' (iii) Newly organized concern. Former voting stock but no officer or director has a officers, directors, principal stockholders Title 13— BUSINESS CREDIT block sufficient to give him control or the and/or key employees of one concern or­ power to control and the remaining 60 per­ ganize a new concern in the same or a cent is widely distributed with no indi­ AND ASSISTANCE vidual stockholder having a stock interest related industry or field of operation, and Chapter I— Small Business greater than 10 percent, management has the serve as its officers, directors, principal power to control. stockholders and/or key employees, and Administration one concern is furnishing or will furnish [Rev. 7, Amdt. 3] (4) Stock options, convertible deben­ the other concern with subcontracts, tures, and agreements to merge. Stock PART 121— SMALL BUSINESS SIZE financial or technical assistance, and/or options and convertible debentures ex­ other facilities, whether for a fee or STANDARDS ercisable at the time of, or withinra rela­ otherwise. Interpretations tively short time after, a size determina­ tion, and agreements to merge in the (7) Control through contractual rela­ Section 121.3-4 of Part 121 of Chapter future, are considered as having a tionships—(i) Definition of a joint ven­ I of Title 13 of the Code of Federal Regu­ present effect on the power to control ture for size determination purposes. A lations is hereby amended by adding the concern. Therefore, in making a size joint venture, for size determination pur­ paragraphs (c) and (d) as follows: poses, is an association of persons or con­ determination, such options, debentures, cerns with interest in any degree or pro­ § 121.3—14 Interpretations. and agreements are treated as though portion by way of contract, express or * * * * * the rights held thereunder had been exercisea prior to the date of the deter­ implied, consorting to engage in and (c) Section 121.3-2 (.a) of Part 121mination. carry out a single business venture, such “Affiliates”—(1) Nature of control. Every as a government contract, for joint business concern is considered as having Example. If, on the date of the determina­ profit, for which purpose they combine tion, Company “A” holds am option to pur­ their efforts, property, money, skill, or one or more parties who directly or in­ chase a controlling interest in Company “B” directly control or have the power to and such option can be exercised at any time knowledge, but without creating a cor­ control it. Control may be affirmative or by Company “A,” the situation is treated as poration or partnership in the legal or negative and it is immaterial whether though Company “A” had exercised i s rights technical sense of the term. it is exercised so long as the power to and had become owner of a controlling in­ (ii) Joint ventures — financial assist­ control exists. terest in Company “B” prior to the deter­ ance. For the purpose of financial assist­ mination. Further, if, as of the date of a Example. A party owning 50 percent of the determination, Company “A” has entered ance to a joint venture, the parties there­ voting stock of a • concern would have nega­ into an agreement to merge with Company to are considered as controlling or having tive power to control such concern since he “B” in the future, the situation is treated as the power to control each other and are can block any action of the other stock­ though the merger had taken place prior to considered as being affiliated. For the holders. Also, the bylaws of a corporation the date of the determination. purpose of financial assistance to a con­ may be drawn up in such a manner which would permit a stockholder with less than (5) Voting trusts. If the purpose of a cern which has requested assistance for 50 percent of the voting stock to block any voting trust or similar agreement is to its own use, but which is incidentally actions taken by the other stockholders. separate voting power from beneficial a party to a joint venture, such concern Affiliation exists when one or more parties ownership of voting stock, for the pur­ is not considered as being affiliated with have the power to control a concern while at pose of shifting control of, or the power its joint venturer. the same time another party, or other parties, (iii) Joint venture—procurement as­ may be in control of the concern at the will to control a concern, in order that such of the party or parties with the power to concern or another concern may qualify sistance, Concerns bidding on a particu­ control. as a small business within the size regu­ lar procurement as joint venturers are lation, such voting trust shall not be considered as controlling or having the (2) Meaning of “party or parties.” The power to control each other with regard term “party or parties” includes, but is considered valid for this purpose, re­ gardless of whether the trust is or is not to performance of the contract, and not limited to, two or more persons with valid within the appropriate jurisdiction. therefore are considered as being affili­ an identity of interest such as members ated. However, a concern which is a of the same family or persons with com­ However, if a voting trust is entered into for a legitimate purpose other than that party to one or more joint ventures, but mon investments in more than one con­ which is bidding on a procurement as an cern. In determining who controls or has described above, and it is a valid trust within the appropriate jurisdiction, individual concern, is not considered as the power to control a concern, persons being affiliated with its joint venturers with an identity of interest may be it may be considered valid for the pur­ pose of a size determination, provided since they have no power to control its treated as though they were one person. performance of the contract being bid (3) Control through stock ownership. such consideration is determined to be in the best interest of the small business on. Where a concern is not considered (i) A party is considered to control or as being an affiliate of a concern with have the power to control a concern if program. which it is participating in a joint ven­ he controls or has the power to control (6) Control through common manage­ ture, it is necessary, nevertheless, in SO percent or'more of its voting stock. ment. A concern is considered as con­ computing annual sales or annual re­ (ii) A party is considered to control or trolling or having the power to control ceipts, etc., for the purpose of applying have the power to control a concern if another concern when one or more of the size standards to include such concern’s he controls or has the power to control following circumstances are found to share of the joint venture sales or re­ less than 50 percent of its voting stock, exist, and it is reasonable to conclude ceipts (as distinguished from its share but such block of stock is large as com­ that, under the circumstances, such con­ of the profits of such venture). pared with any other block outstanding. cern is directing or influencing, or has (iv) Franchise and license agree­ If two or more parties each control or the power to direct or influence the ments. If a concern operates or is to have the power to control equal or sub­ operation of such other concern. operate under a franchise (or a license) stantially equal blocks of stock, and such (i) Interlocking management. Officers, agreement, the following policy is ap­ blocks are large as compared with any directors, employees, or principal stock­ plicable: In determining whether the other blocks of stock outstanding, each holders of one concern serve as a work­ franchisor controls or has the power to of such parties is considered as having ing majority of the board of directors or control and, therefore, is affiliated with the power to control such concern. officers of another concern. the franchisee, the restraints imposed on (iii) If a concern’s voting stock is dis­ (ii) Common facilities. One concern a franchisee by its franchise agreement tributed other than as described above, shares common office space and/or em­ shall not be considered provided that the its management (officers and directors) ployees and/or other facilities with an­ franchisee has the right to profit from is deemed to be in control of such con­ other concern, particularly where such its effort and the risk of loss or failure, cern. concerns are in the same or related in­ commensurate with ownership. Even Example. In a corporation where the offi­ dustry or field of operation, or where though a franchisee may not be con­ cers and directors owned various size blocks such concerns were formerly affiliated. trolled by the franchisor by virtue of tne

FEDERAL REGISTER, VOL. 32, NO, 125— THURSDAY, JUNE 29, 1967 RULES AND REGULATIONS 9219 contractual relationship between them, fng ten member airlines affected by the CSL 189, Pages 14 and 15, Paragraph C 2b(l) the franchisee may be controlled by the proposed AD, while generally supporting (2) (3) and (4), entitled “Hub Assembly— franchisor or others through common the agency’s proposal, has recommended Preparation for Assembly.” ownership or common management, in (b) On or before November 1, 1967, re­ either that the compliance date be ex­ move the eight master gear retention bolts which case they would be considered as tended 90 days or, as an alternate means, and install eight Part No. 6859722 bolts as re­ affiliated. . that the compliance date be retained with placements, as outlined in Allison Commer­ (d) Section 121.3-3 of Part 121 “Defi­a proviso for an extension up to 90 days cial Service L etter CSL 189, Page 28, Para­ nition of small business for Government upon application by a Part 121 operator, graph C8b(5), entitled “Hub Final Assem­ •procurement"—(1) Sawmills. For the substantiated by data satisfactory to the bly—Install Master Gear Assembly.” purpose of a size determination, a saw­ FAA. Most of the 10 airline operators in­ This amendment becomes effective mill is considered as the manufacturer volved indicated they could meet the July 1, 1967. of treated lumber, even if it contracts November 1, 1967, compliance date. ATA out the treatment of the lumber. There­ has made these alternative recommenda­ (Secs. 313(a), 601, 603, Federal Aviation Act fore, a small business sawmill can de­ tions because a few of the airlines have Of 1958; 49 U A C. 1354(a), 1421, 1423) liver in the performance of a set-aside expressed their concern whether the Issued in Kansas City, Mo., on June procurement lumber which has been manufacturer would be able to provide 23,1967. treated by a concern which does not the technical representatives, test equip­ E dward C. M arsh, qualify as a small business concern. ment and parts as needed for the modifi­ Director, Central Region. (2) Oxygen converters. For the pur­ cation. Also, some of the airlines have [F R . Doc. 67-7387; Filed, Ju n e 28, 1967; pose of a size determination, a concern stressed their own manpower problems, 8:48 a m .] which converts liquid oxygen to gaseous scheduling disruptions, and their desire oxygen with or without additives, is a to accomplish the PACE project, as out­ nonmanufacturer of the gaseous oxygen lined in Allison Commercial Service Let­ [Docket No. 67-SO-50; Arndt. 39-438] and therefore must furnish gaseous oxy­ ter No. 189, at the same time that the AD gen converted from liquid oxygen manu­ is accomplished, as reasons for extend­ PART 39— AIRWORTHINESS factured by a small business concern. ing the compliance time. The manufac­ DIRECTIVES Effective date. This amendment shall turer advises that it anticipates no diffi­ become effective on publication in the culty in making parts available to the Piper PA—28 and PA—32 Series Federal R egister. airlines and in providing sufficient tech­ Airplanes nical representation and test equipment Note: In accordance with section 4(a) of A proposal to amend Fart 39 of the the Administrative Procedure Act, notice of, to accomplish the modification. The Federal Aviation Regulations to include and public procedure on, this amendment agency recognizes that compliance with to Part 121 of Chapter I of Title 13 of the the AD may place some burden on an an airworthiness directive requiring in­ Code of Federal Regulations, is omitted as individual airline or operator and that spection of the main landing gear torque It contains only Interpretative rules. concurrent accomplishment of the PACE links and replacement as necessary on Piper PA-28 and PA-32 series airplanes Dated: June 23,1967. project is desirable, even though the PACE program goes beyond the manda­ was published in the F ederal R egister, B ernard L. B o u t in , tory action required by the proposed AD. dated May 4, 1967. Administrator. However, since certain failure combina­ interested persons have been afforded [PR. Doc. 67-7360; Filed, Ju n e 23, 1967; tions of the torque unit components have an opportunity to participate in the mak­ 8:47 a.m.1 indicated that the pitch lock system may ing of the amendment. No objections not be adequate to prevent serious pro­ were received. peller overspeeds and the manufacturer In consideration of the foregoing, and has developed and made available a de­ pursuant to the authority delegated to Title 14— AERONAUTICS AND sign modification to take care of these me by the Administrator (25 F.R. 6489), contingencies, the propeller modification § 39.13 of the Federal Aviation Regula­ proposed in the AD should be accom­ tions is amendec by adding the following SPACE new airworthiness directive1: Chapter I— Federal Aviation Adminis­ plished with utmost urgency. An exten­ sion of the period for compliance would, Piper. Applies tc Piper PA-28 and PA-32 tration, Department of Transporta­ therefore, defeat the purpose of the AD series airplanes equipped with main tion and would not be in the public interest. landing gear torque links which are drilled for lubricator fittings. [Docket No. 8015; Arndt. 39-4391 Each carrier that feels it will experience difficulty in complying with the AD by Compliance required with the next 25 PART 39— AIRWORTHINESS hours’ time in service after the effective date November I, 1967, should submit indi­ of th is AD, unless already accom plished. DIRECTIVES vidual requests for exemption through To preclude the possibility of failure of FAA channels together with adequate the main landing gear torque link, accom­ Allison-Aero Products Models data to justify its request for an exten­ plish the following: A644T FN—606, A 6 4 41 FN -6 06 A sion. (a) Measure the distance from the edge of Propellers the bolt hole to the edge of the machined In consideration of the foregoing, and surface on the boss on the small (scissor) A proposal to amend Part 39 of the pursuant to the authority delegated to end of each of the main landing gear Federal Aviation Regulations to include me by the Administrator (31 F.R. 13697), torque links. If this distance is 0.350 inch an airworthiness directive requiring, on § 39.13 of Part 39 of the Federal Aviation or less, the link must be replaced, either or before November 1,1967, modification Regulations is amended by adding the Individually or in pairs, with Piper Part following new AD: Number 65691-00. When replacing the link, of Allison-Aero Products Models A6441 install Piper Kit Number 757 123, which con­ FN-606 and A6441FN—606A propellers by Allison-Aero P roducts. Applies to Models sists of a grease bolt, P/N 65799-00, a brake the installation of a restrictor in the in­ A6441FN-606 and: A6441FN-606A propel­ line clip, P/N 63332-05, a washer, P/N 62833- crease pitch port of each hub island and lers installed on Allison-Convair Model 27, an AN310-C5 n u t, P /N 404 122, and an the replacement of the master gear re­ 340/440 airplanes modified in accordance AN38I—2—8 cotter pin, P/N 424 080. One kit tention bolts with those having higher with. STC SA 4-1100 or Lockheed Model is required per landing gear. strength, was published cm May 19, 1967, L-188 series airplanes. (b) Inspect to determine the amount of in the F ederal R egister (32 F.R. 7460). Compliance required as indicated, unless contact on the face of the torque link stops. already accomplished. If the contact of the stops Is along the Interested persons have been afforded To prevent serious overspeeds and to make inboard edge only, or outboard edge only, the an opportunity to participate in the mak­ the propeUer pitch lock more effective under face must be reworked to insure contact ing of the amendment. Two comments remote combinations of critical component is maintained over the entire width of the were received. ALFA (Air lin e Pilots As­ failures, accomplish the following: bearing surface. This Is required to preclude sociation) strongly recommended adop­ (a) On or before November 1, 1967, in­ the possibility of side loads on the torque tion of the proposed amendment. ATA stall Part No. 6859637 restrictor in the in­ links. crease pitch port of each hub island, as out­ Note. Service the landing gear assembly (Air Transport Association), represent- lined in Allison Commercial Service Letter to assure correct fluid- content, air pressure

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9220 RULES AND REGULATIONS and piston exposure in accordance with the plicability of the technical guidelines § 151.7 Grant of funds: general policies. Piper PA-28 or PA-82 Service Manual, as ap­ made mandatory by § 151.72 to an air­ propriate. (a) * * * port project, and to clarify § 151.7. (1) A greem ents with the United (Piper Service Bulletin No. 248 dated May Since technical guidelines must be States to which this requirement of com­ 12, 1987, covers th is same subject.) amended from time to time to keep them pliance applies include— This amendment becomes effective current with technological progress and (1) Any grant agreement made under July 29,1967. the state of the art, it may happen that a substantial change is made in the the Federal-Aid Airport Program; (Secs. 313(a), 601, 603, Federal Aviation Act standards while a project is pending be­ (ii) Any covenant in a conveyance of 1958; 49 U.S.C. 1354(a), 1421, 1423) fore the FAA. The sponsor normally under section 16 of the Federal Airport Issued in East Point, Ga., on June 19, makes his basic decision on the technical Act; 1967. and economic feasibility of a project on (iii) Any covenant in a conveyance of the basis of the technical guidelines in surplus airport property either under J ames G. R ogers, effect when he prepares the request, section 13(g) of the Surplus Property Director, Southern Region. Form FAA-1623, as required by § 151.21 Act, (50 U.S.C. App. 1622(g)) or under [F.R. Doc. 67-7362; Filed, Ju n e 28, 1967; (a). It therefore appears that, normally, Regulation 16 of the War Assets Admin­ 8:47 a.m.] the standards should attach to the istration; and project as they are in effect on the date (iv) Any AP-4 agreement made under [Airspace Docket No. 66—WE—52] written on the notification to the spon­ the terminated Development Landing sor of tentative allocation of funds under Areas National Defense Program and the PART 71— DESIGNATION OF FEDERAL § 151.21(b), and this amendment so Development Civil L anding Areas AIRWAYS, CONTROLLED AIRSPACE, provides. Program. AND REPORTING POINTS However, it may happen that an This requirement does not apply to as­ Alteration of Federal Airways amendment to the technical guidelines surances required under section 602 of becomes effective after that date, and the Civil Rights Act of 1964 (42 U.S.C. On April 26, 1967, Airspace Docket No. that the public interest would be ad­ 2000d-l) and § 15.7 of the Federal Avia­ 66-WA-42 was published in the F ederal vanced by applying that amendment to tion Regulations (14 CFR 15.7). R egister (32 F.R. 6434), and in part ex­ the project. It is therefore provided tended V-500 from Boise to Pocatello, herein that this may be done by agree­ (2) If it appears that a sponsor has Idaho. This action is effective June 22, ment between the sponsor and the Ad­ failed to comply with a requirement of ministrator. This amendment also spells an agreement with the United States 1967. On May 24, 1967, F.R. Doc. No. 67- with respect to an airport, the FAA noti­ 5744 was published in the F ederal R eg is­ out the established interpretation that fies him of this fact and affords him an ter (32 F.R. 7588) which, in part, rede­ generally the standards of Subpart C scribed the floor of V-500 from Portland, applicable to a project are those in effect opportunity to submit materials to re­ Oreg., to Boise, Idaho, but inadvertently when the grant agreement is made. fute the allegation of noncompliance or deleted the portion of the airway from Changes corresponding to this amend­ to achieve compliance. Boise to Pocatello. This action is effec­ ment will be made in the FAA forms (3) If a project is otherwise eligible tive July 20, 1967. Corrective action is affected. under the Federal-Aid Airport Program, taken herein to retain this segment. Section 151.7(a) provides that Fed­ a grant may be made to a sponsor who Since this amendment is editorial in eral-aid Airport grants are made only to has not complied with an agreement if nature and retains assigned airspace, the sponsors who have met the requirements the sponsor shows— Administrator has determined that of any past agreements with the United ***** notice and public procedure thereon is States, and subparagraph (1) lists some v 2. By amending § 151.71 to read as unnecessary and that it may be made such agreements by way of illustration. follows: effective immediately. Conveyances under Regulation 16 of the In consideration of the foregoing, F.R. War Assets Administration are being § 151.71 Applicability. Doc. No. 67-5744 (32 F.R. 7588) Item added to the list. The present wording of (a) This subpart prescribes program­ l,n, is amended, effective immediately, subparagraphs (2) and (3) could be mis­ ing and design and construction stand­ as hereinafter set forth. construed as providing procedural safe­ ards for projects under the Federal-Aid In V-500 “12 AGL Boise, Idaho.” is guards and excuses for noncompliance Airport Program to assure the most ef­ deleted and “12 AGL Boise, Idaho; 21 only in relation to the agreements listed ficient use of Program funds and to as­ miles, 12 AGL, 28 miles, 90 MSL, 48 miles, in subparagraph (1). Subparagraphs (2) sure that the most important elements and (3) are therefore reworded to make of a national system of airports are 95 MSL, 25 miles, 75 MSL, 12 AGL them clearly applicable to all agreements Pocatello, Idaho.” is substituted therefor. provided. covered by paragraph (a), whether (b) Except for the standards made (Sec. 307(a), Federal Aviation Act of 1958; listed or not. mandatory by § 151.72(a), the stand­ 49 U.S.C. 1348) Since these amendments relate to ards prescribed in this subpart that ap­ Issued in Washington, D.C., on June 22, public grants and benefits and are clari­ ply to any particular project are those 1967. fying in nature or make the regulation in effect on the date the sponsor accepts J . F . B ir o n , less burdensome to comply with, notice the Administrator’s offer under § 151.- Acting Chief, Airspace and and public procedure thereon are not re­ 29(0. The standards of § 151.72(a) Air Traffic Rules Division. quired and the amendments may be applicable to a project are those in [F.R. Doc. 67-7363; Filed, Ju n e 28, 1967; made effective immediately. effect on the date written on the no­ 8:47 a.m.] These amendments are made under tification of tentative allocation of the authority of sections 1-15 and 17-21 funds (§ 151.21(b)). Standards th a t be­ of the Federal Airport Act (49 U.S.C. come effective after that date may be [Docket No. 8236; Arndt. 151-19] 1101-1114, 1116-1120). applied to the project by agreement be­ PART 151—-FEDERAL AID TO In consideration of the foregoing, Part tween the sponsor and the Administra­ AIRPORTS 151 of the Federal Aviation Regulations tor. (14 CFR Part 151) is amended, effective Issued in Washington, D.C., on June C ritical Date for Applicability of June 28, 1967. 21,1967. Technical Guidelines; Compliance 1. By amending subparagraphs (1) W i l l ia m F. M cK ee, With Past Agreements and (2) and the introductory paragraph Administrator. The purpose of this amendment is of subparagraph (3) of § 151.7(a) to read [FJEt. Doc. 67-7364; Filed, Ju n e 28, 1967; to specify the date that controls the ap­ as follows: 8:47 am .]

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 RULES AND REGULATIONS 9221 Chapter II—-Civil Aeronautics Board this end that the major changes effected miss and requiring answer to any re­ SUBCHAPTER B— PROCEDURAL REGULATIONS in Part 301 by this amendment are maining allegation. This definition does directed. not include the review of rulings by the [NTSB Reg. PR-1; Amdt. 3] In addition, as indicated above, examiner on interlocutory matters which PART 301— RULES OF PRACTICE IN changes required to reflect the substitu­ have been appealed to the Board in ac­ AIR SAFETY PROCEEDINGS tion of National Transportation Safety cordance with the requirements of Board for Civil Aeronautics Board and § 301.10(f); Miscellaneous Amendments Administrator of the Federal Aviation “Petition for review” means a petition Adopted by the National Transporta­ Administration for Administrator of the filed pursuant to section 602(b) of the tion Safety Board at its office in Wash­ Federal Aviation Agency are included in Act for review of the Administrator’s ington, D.C., on the 23d day of June 1967. this amendment. denial of an application for issuance or Effective April 1, 1967, the Depart­ The amendment restoring the right of renewal of an airman certificate; ment of Transportation Act, Public Law appeal will be applicable to all cases “Petitioner” means a person who has 89-670, 80 Stat. 931 (hereinafter refer­ wherein initial decisions of its exam­ filed a petition for review of the Admin­ red to as the Act), established within the iners are issued on or after the effective istrator’s action denying an application Department of Transportation the Na­ date of this amendment. All cases in for issuance or renewal of an airman which initial decisions have been issued certificate, pursuant to section 602(b) tional Transportation Safety Board. Un­ prior to such date will be handled in der section 6 (d) of the Act, there was of the Act; transferred to the Secretary all func­ accordance with the current provision of “Respondent” means the holder of a tions, powers, and duties of the Civil 14 CFR 301.45, et seq. certificate, who has appealed to the Aeronautics Board and of the Chairman, Since this amendment is not a sub­ Board pursuant to section 609 of the Act, members, officers and offices thereof un­ stantive rule and is one of agency pro­ from an order of the Administrator der Titles VI and VTI of the Federal cedure, notice and public procedure amending, modifying, suspending, or herein are unnecessary and the amend­ revoking such certificate; Aviation Act of 1958, as amended, with ment may be made effective immediately. the proviso that said functions, powers, In consideration of the foregoing, the Terms defined in the Act are used with and duties were transferred and should National Transportation Safety Board the meaning of such definitions. be exercised by the National Transpor­ hereby amends Part 301 of the Proce­ 3. Amend § 301.2 to read: tation Safety Board. dural Regulations (14 CFR 301) as fol­ The Act also transferred the Federal § 301.2 Applicability and description of lows, effective June 29,1967: part. Aviation Agency, renamed the Federal 1. Amend the table of contents so that Aviation Administration, in its entirety, after item 301.41 and before item 301.48 The provisions of this part shall gov­ to the Department of Transportation. it will read: ern all proceedings before the Board Under Title VI of the Federal Aviation Review of Decisions upon petition for review of a refusal by Act of 1958, more specifically sections Sec. the Administrator to issue or renew an 602 and 609 thereof, the National Trans­ 301.45 Notice of appeal. airman certificate to an applicant there­ portation Safety Board in quasi-judicial 301.46 Briefs and oral argument. for; and upon appeal from any order of proceedings reviews on appeal all denials 301.47 Consideration of issues on appeal. the Administrator amending, modifying, by the Administrator of the Federal Avi­ 2. Amend § 301.1 so that it reads: suspending, or revoking any certificate. ation Administration of applications for The provisions of Part 263 of this chap­ airman certificates and all orders issued § 301.1 Definitions. ter (Civil Aeronautics Board Economic by the Administrator suspending, modi­ As used in this part: Regulations) are applicable to participa­ fying, amending or revoking air safety “Act” means the Federal Aviation Act tion of air carrier associations in pro­ certificates issued by the Administrator of 1958, as amended (49 U.S.C. 1301, et ceedings under this part. (See Part 263 under Title VI of the Federal Aviation seq.); of this chapter.) Act of 1958, as amended. “Administrator” means the Admin­ 4. Amend paragraph (a) of § 301.4 to All of the provisions of Part 301 are istrator of the Federal Aviation Ad­ read: now under review by the - National ministration; Transportation Safety Board to deter­ “Board” means the National Trans­ § 301.4 Filing of documents. mine whether modifications are neces­ portation Safety Board; (a) Filing address, date of filing hours. sary in the interest of improving such “Certificate” means any certificate is­ Documents required by any section of procedures. Pending completion of such sued by the Administrator under Title this part to be filed with the Board shall review, it has been determined that one VI of the Act; be filed with the Docket Section of the major modification should be effected at “Complaint” means a complaint filed National Transportation Safety Board, this time, in addition to minor changes by the Administrator for an order of the Washington, D.C. 20591. Such docu­ Prompted by the substitution of the Board affirming an order of the Admin­ ments may be filed by personal delivery National Transportation Safety Board istrator which was appealed to the Board or by mail. Unless otherwise specified, and the Federal Aviation Administration pursuant to section 609 of the Act; documents shall be deemed to be filed on for the Civil Aeronautics Board and the “Emergency order” means an order of the date on which they are actually re­ Federal Aviation Agency, respectively. the Administrator made under section ceived by the Board. The Civil Aeronautics Board, pursuant 609 of the Act which recites that an ***** to Reorganization Plan No. 3 of 1961, emergency exists and that safety in air 5. Amend paragraph (d) of § 301.5 to 26 F.R. 5989, delegated to its hearing commerce or air transportation requires read: examiners the Board’s function of mak­ the immediate effectiveness of such ing the agency decision on the substan­ order; § 301.5 Service of documents. tive and procedural issues remaining for . “Examiner” means the Board’s hear­ ***** dispute at the close of a hearing in safety ing examiner assigned to the respective (d) Where service may be made. Serv­ certificate cases, except in emergency case; ice by regular or registered or certified cases arising under section 609. Review “Initial decision” means the exam­ mail shall be made at the address of the °i such decisions was made the subject iner’s decision on the substantive and person designated in accordance with of discretionary review by the Board. procedural issues remaining for disposi­ § 301.4(f) to receive service or, if no such It is the judgment of the National tion at the close of the hearing in a person is designated, at the usual resi­ Transportation Safety Board that review proceeding and an examiner’s order dence or principal place of business of oy the Board of such decisions of its granting a motion to dismiss in lieu of the party or person, or, if not known, at examiners should be a matter of right answer as provided in §§ 301.19 and the address last furnished by him to the to the holders of safety certificates. It 301.27 and terminating the proceeding Federal Aviation Administration, except is, therefore, proposed that the discre­ except that this delegation does not ap­ that an agent designated by an air car­ tionary review procedure previously util- ply in cases where the record is certified rier under section 1005(b) of the Act ized be abandoned and a procedure not to the Board, with or without a recom­ shall be served only at his office or usual unlike that used by the Civil Aeronautics mended decision by the examiner, or to place of residence. Service by mail on "oard prior to 1962, substituted. It is to orders partly granting a motion to dis­ the Administrator shall be made at the FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9222 RULES AND REGULATIONS office of his designee to receive service, or, peal to the Board in accordance with 10. Amend § 301.40 to read: if none, at the Federal Aviation Adminis­ § 301.10(f). I n it ia l D ec isio n tration, Washington, D.C. 20553. Per­ ♦ * * * * sonal service may he made on any of the § 301.40 Initial decision by examiner. 8. Amend paragraph (b) of § 301.27 (a) The examiner may render his persons described in paragraph (c) of to read: this section wherever they may be found, initial decision orally at the close of the except that an agent designated by an § 301.27 Motions to dismiss. hearing or he may render such decision air carrier under section 1005(b) of the ***** in writing at a later date. Act may be served only at his office or (b) Appeal of dismissal orders. Where (b) The initial decision shall include usual place of residence. an examiner grants a motion to dismiss a statement of findings and conclusions, ***** in lieu of answer and terminates the pro­ as well as the reasons or basis therfor, ceeding without hearing, an appeal of upon all material issues of fact (includ­ 6. Amend paragraphs (a) and (a-1) such order by the Board may be filed in ing the credibility of witnesses where of § 301.10-to read: accordance with procedures set forth in such finding is material), law, or dis­ § 301.10 Motions. § 301.45. Where an examiner grants a cretion presented on the record and the (a) Generally. An application to the motion to dismiss in part, objections to appropriate sanction or denial thereof. Board or an examiner for an order or such interlocutory order may be raised (c) If the initial decision is in writing, ruling not otherwise specifically provided in an appeal only after the examiner has it shall be served upon the parties. At for in this part shall be by motion. After rendered his initial decision on the re­ any time before the date for filing ap­ the assignment of an examiner to a pro­ maining issues, unless the examiner con­ peal has passed, the examiner or the ceeding, and before the expiration of the sents to an appeal to the Board in ac­ Board may, for good cause shown, ex­ period within which an appeal from the cordance with § 301.10(f). tend the time within which to file an ap­ examiner’s initial decision may be filed, ***** peal to the Board and the examiner may or the certification of the record to the 9. Amend § 301.29 to read: also reopen the case for good cause upon Board, all motions shall be addressed to notice to the parties. E xam iners the examiner. At all other times motions 11. Amend § 301.41 to read: shall be addressed to the Board. All § 301.29 Assignment, duties, powers and motions not specifically provided for in delegation of authority to examiners. § 301.41 Effect of examiner’s initial de­ any other section of this part shall be (a) Assignment of examiner. Upon the cision. made at an appropriate time depending filing of a petition for review or appeal, If no appeal to the Board from either upon the nature thereof and the relief an examiner will be assigned to the case. party nor motion by the Board to review requested therein. Thereafter, all motions and procedural the initial decision is filed within the (a-1) Motions to disqualify Board requests shall be addressed to the ex­ time allowed, such initial decision shall Member in review proceedings. If a party aminer. The examiner’s authority in become final, but shall not be deemed wishes to request that a Board Member each case will terminate either upon to be such an order as to constitute a disqualify himself from participating in certification of the record in the pro­ precedent binding on the Board. The the Board decision of a pending case, he ceeding to the Board, or upon expiration timely filing of such appeal or motion shall file a motion, supported by an of the period within which appeals from shall stay the order in the initial deci­ affidavit setting forth the grounds for initial decisions may be filed, or when he sion. such disqualification, within the times shall have withdrawn from the case upon 12. Amend § 301.45 to read: considering himself disqualified. hereinafter prescribed. In nonemergency R e v ie w of D e c isio n s proceedings where an appeal from an (b) Examiner’s powers. Examiners examiner’s initial decision is filed, such shall have the following powers: § 301.45 Notice of appeal. motion shall be filed on or before the date (1) To give notice concerning, and A party may appeal from an examin­ the reply brief is due pursuant to hold, prehearing conferences and hear­ er’s order or from the initial decision by § 301.46(c). In emergency proceedings ings; filing with the Board and ^serving upon where a notice of appeal is filed, such the other parties (pursuant to §301.5) (2) To administer oaths and affirma­ a notice of appeal within days after motion shall be filed on or before the tions ; 10 date the briefs are due pursuant to (3) To examine witnesses; an oral initial decision or service of a § 301.50. Failure to file a timely motion (4) To issue subpoenas and to take or written initial decision. Exceptions are shall be deemed a waiver of disqualifica­ cause depositions to be taken; not required. Upon good cause shown, tion. Applications for leave to file an (5) TO rule upon offers of proof and the Board or examiner may extend the untimely motion seeking disqualification receive evidence; time for filing a notice of appeal. of a Board Member shall be accompanied 13. Amend § 301.46 to read: by an affidavit setting forth in detail why (6) To regulate the course of the the facts relied upon as grounds for dis­ hearings; § 301.46 Briefs and oral argument. (7) To hold conferences, before or (a) Appeal briefs. Each appeal must qualification were not known and could during the hearing, for the settlement not have been discovered with reasonable be perfected within 20 days after a party or simplification of issues by consent of is advised of an oral initial decision or diligence within the prescribed time. t/hc parties * ***** served with a written initial decision, (8) To dispose of procedural requests by the filing with the Board of appel­ 7. Amend paragraph (b) of § 301.19 to or similar matters; lant’s brief on appeal. Appeals may be read: (9) To make initial decisions. dismissed by the Board, on its own ini­ § 301.19 Motions to dismiss. (c) Disqualification of examiner. An tiative or on motion of the adverse party, ***** examiner shall withdraw from the case when a party who has filed a notice if at any time he deems himself dis­ (b) Appeal of dismissal orders. Where qualified. If, prior to the initial decision of appeal fails to perfect his appeal by an examiner grants a motion to dismiss in the case, there is filed in good faith filing a timely brief. in lieu of answer and terminates the an affidavit of personal bias or disquali­ (b) Waiver of objections. Each appel­ proceeding without hearing, an appeal of fication with substantiating: facts and lant’s brief shall set forth in detail the such order by the Board may be filed in the examiner does not withdraw, the objections to the initial decision, whether accordance with procedures for appeal Board will determine the matter as a such objections be related to alleged of initial decisions set forth in § 301.45. part of the record and decision in the errors in the examiner’s findings of fact Where an examiner grants a motion to case if an appeal of the examiner’s initial and conclusions, or the proposed order. dismiss in part, objections to such inter­ decision is filed. The Board will not Each such brief shall further state tn locutory order may be raised in an appeal otherwise consider any claim of bias or reasons for such objections and the reiie only after the examiner has rendered his disqualification. The Board, in its dis­ requested. Any error contained m tne cretion, may order a hearing on a initial decision that is not objected to initial decision on the remaining issues, shall be deemed to have been waived. unless the examiner consents to an ap­ charge of bias or disqualification.

FEDERAL REGISTER, V O L 32, NO. 125— THURSDAY, JUNE 29, 1967 RULES AND REGULATIONS 9223

Where any objection is based upon evi­ lied upon, and the relief sought. If the SUBCHAPTER D— SPECIAL REGULATIONS dence of record, such objection need not petition is based, in whole or in part, on [Reg. SPR-17; Amdt. 3] be considered by the Board if specific allegations as to the consequences that record citations to the pertinent evidence would result from the Board’s order, the PART 378— IN CLUSIVE TOURS BY are not contained in appellant’s brief. basis of such allegations shall be set SUPPLEMENTAL AIR CARRIERS, (c) Appellee’s reply brief. Within 15 forth. If the petition is based, in whole days after appellant’s appeal brief has or in part, upon new matter, the petition CERTAIN FOREIGN AIR CARRIERS, been served upon him, the appellee may shall set forth such new matter; shall AND TOUR OPERATORS file a brief in reply thereto. No further contain affidavits of prospective wit­ Tour Operators Utilizing Foreign Air briefs may be filed except upon specific nesses, authenticated . documents, or Carriers Authorized by the Board To leave of the Board granted upon a show­ both, or any explanation why such sub­ ing of good cause. Where the reply brief stantiation is unavailable; and shall ex­ Perform Inclusive Tour Charter Trips relies upon evidence of record, specific plain why such new matter could not Adopted by the Civil Aeronautics citations thereto shall be made in the have been discovered, by the exercise of Board at its office in Washington, D.C., brief. due diligence, prior to the date the case on the 23d day of June 1967. (d) Number of copies. Nine copies of was submitted for decision. Repetitious In a notice of proposed rule making briefs shall be filed with the Board. petitions will not be entertained by the published in the F ederal R egister on Board. (e) Oral argument. Oral argument April 26, 1967 (32 F.R. 6454), and cir­ before the Board will normally not be (b) Replies to petitions filed pursuant culated to the industry as SPDR-7, held in proceedings conducted under this to this section shall be filed and served Docket 18436, the Board indicated that part. However, the Board may permit upon petitioner within 10 days after the it had under consideration an amend­ oral argument when it is specifically re­ receipt of the petition. ment to Part 378 of the Special Regula­ quested and a need therefor is shown. (c) Upon good cause shown, the Board tions (14 CFR Part 378) which would may extend the time for filing petitions . extend the provisions of the regulation 14. Amend § 301.47 to read: or replies. to inclusive tours furnished by tour op­ § 301.47 Consideration of issues on ap­ (d) The filing of a petition under this erators in conjunction with foreign air peal. section shall operate to stay the effec­ carriers whose permits authorize the In considering issues raised on appeal tiveness of the Board’s order, unless performance of such tours subject to otherwise ordered by the Board. the regulation. by the parties which relate to findings of Interested persons have been afforded fact or the order of the examiner, the 16. Amend paragraph (d) of § 301.50an opportunity to participate in the Board will consider only whether: to read: proposed rule making. No comments have (a) A finding of a material fact is § 301.50 Proceedings where the Admin­ been received. Accordingly, for the rea­ erroneous; istrator has made an emergency sons set forth in SPDR-7, the Board (b) A necessary legal conclusion is order. hereby amends Part 378 of the Special without governing precedent or is a de­ ,* * * * * Regulations, effective July 29, 1967, as parture from or contrary to law, Board (d) Parties to the proceeding may ap­follows: rules, or precedent; peal from an initial decision by filing 1. Change the title of the part to read (c) A substantial and important ques­ with the Board and serving upon the as set forth above. tion of law, policy, or discretion is in­ other parties a notice of appeal within 2. Amend § 378.1 to read as follows: volved, or two days after service of such initial de­ (d) A prejudicial procedural error has cision. No exceptions shall be filed, but, § 378.1 Applicability. occurred. within 5 days of the notice of appeal, This part establishes the terms and If the Board determines that the ex­ each party shall file one brief with the conditions governing the furnishing of aminer erred in any respect or that his Board. Such briefs shall comply with the inclusive tours in interstate, overseas, order specifying the appropriate sanc­ requirements of § 301.46. The Board will and foreign air transportation by sup­ tion or denial thereof should be changed, give three days’ notice of oral argument, plemental air carriers, certain foreign the Board may make any necessary find­ where granted. The Board will not en­ air carriers, and tour operators. This ings or order in lieu thereof or remand tertain petitions for reconsideration, re­ part also relieves tour operators from the case for further hearing. The Board, hearing, reargument or modification of various provisions of the Act and the upon its own motion, may raise any is­ its order except on the ground that new Board’s regulations for the purpose of sue the resolution of which it deems im­ matter has been discovered. Such pe­ enabling them to provide inclusive tours portant to a proper disposition of the titions shall set forth the new matter; to members of the general public utiliz­ proceedings; in such a case a reasonable shall contain affidavits of prospective ing aircraft chartered from supple­ opportunity shall be afforded to the witnesses, authenticated documents, or mental air carriers and certain foreign parties to submit argument thereon. both, or an explanation why such sub­ air carriers. The provisions of this regu­ stantiation is unavailable; and shall lation shall not be construed as limiting 15. Amend § 301.48 to read: state that such new matter could not any other authority to engage in air § 301.48 Petition for rehearing, reargu- have been discovered by the exercise of transportation issued by the Board. ment, reconsideration, or modifica­ due diligence, prior to the date the case Nothing contained in this part shall be tion o f Board order. was submitted for decision. The Board, construed as repealing or amending any (a) Any party to a proceeding may upon its own motion, may raise any is­ provisions of any of the Board’s regula­ Petition for rehearing, reargument, re- sue the resolution of which it deems im­ tions, unless the context so requires. C?^sidera!t'i?n. or modification of a Board portant to a proper disposition of the 3. In § 378.2, amend the definition of order. Initial decisions which have be­ proceeding; in such a case a reasonable “supplemental air carrier” to read as come final because they were not ap­ opportunity will be afforded to the follows: pealed from shall not be deemed Board orders for this purpose. The petition shall parties to submit argument thereon. § 378.2 Definitions. i f writing. Nine copies shall be filed ***** * * * * * ith the Board, and it shall be served By the National Transportation (f) “Supplemental air carrier” means upon all other parties within 30 days Safety Board. (l)a supplemental air carrier as defined iter service of the Board’s order. The in § 200.8 of this chapter (Board’s Eco­ [ seal] J o se ph J. O ’Co n n e l l , Jr., nomic Regulations) and authorized un­ Petition shall state, briefly and specifical­ Chairman. ly. the matters of record alleged to have der section 7 of Public Law 87-528 or [F.R. Doc. 67-7378; Filed, Ju n e 28, 1967; section 401(d) (3) of the Act to perform een erroneously decided, the ground re- 8:48 a.m.] inclusive tour charters, or (2) a foreign

FEDERAL REGISTER, VOL, 32, NO. 125— THURSDAY, JUNE 29, 1967 9224 RULES AND REGULATIONS air carrier which holds a permit issued isting rights, the provisions of exist­ neglect on the part of the owner, at a under section 402 of the Act authorizing ing withdrawals, and the require­ cost of 65 cents per ribbon bar by pre­ it to perform inclusive tour charters, but ments of applicable law. All valid ap­ senting to Harry Sadow, Inc., either in only to the extent that such tours are to plications received at or prior to 10 person or by mail, the appropriate Au­ be performed subject to the provisions of aun. on December 21, 1967, shall be thorization Card presently in the appli­ this regulation. considered in the order of filing. cant’s possession: ***** The lands have been open to applica­ Atlantic War Zone Bar. (Secs. 101(3), 204(a), 401, 402, 409, 414, Fed­ tions and offers under the mineral leasing Pacific War Zone Bar. eral Aviation Act of 1958, as amended (72 laws. Mediterranean-Middle East War Zone Bar. S tat. 737; 49 U.S.O. 1301; 72 S tat. 743; 49 Inquiries should be addressed to the Combat Bar. U.S.C. 1324; 72 S tat. 754, as am ended by 76 Manager, Land Office, Bureau of Land Defense Bar. S tat. 143; 49 U.S.C. 1371; 72 S tat. 757; 49 Management, Salt Lake City, Utah. Victory Medal Bar. U.S.O. 1372; 72 S tat. 768; 49 U.S.C. 1379; 72 If Authorization Cards are lost or de­ H arrv R. Anderson, S tat. 770; 49 U.S.C. 1384)) Assistant Secretary of the Interior. stroyed, replacements thereof may be By the Civil Aeronautics Board. obtained upon application to the Sea­ J une 22,1967. [seal] M abel M cC art, farer Relations Branch, Division of Man­ [FJL Doc. 67-7342; Filed, Ju n e 28, 1967; power Development, Maritime Adminis­ Acting Secretary. 8:45 a.m.] [F.R. Doc. 67-7379; Filed, Ju n e 28, 1967; tration, Department of Commerce, 8:48 a.m.] Washington, D.C. 20235. (b) The following decorations may be Title 46— SHIPPING replaced at cost upon application to the Seafarer Relations Branch, Division of Title 43— PUBLIC LANDS: Chapter II— Maritime Administration, Manpower Development, Maritime Ad­ Department ofjCommerce ministration, Washington, D.C. 20235: INTERIOR SUBCHAPTER J— MISCELLANEOUS Chapter II— Bureau of Land Manage­ Distinguished Service Medal. [G eneral Order 81, Arndt. 4] Meritorious Service Medal. ment, Department of the Interior PART 350— SEAMEN’S SERVICE Mariner’s Medal. APPENDIX— PUBLIC LAND ORDERS AWARDS Victory Medal. [Public Land Order 4236] Merchant Marine Emblem. Honorable Service Button. [U tah 0146674; 828; 1836] Changes as to Distributors and Cost of Merchant Marine Ribbons (Section 204, 49 S tat. 1987, as amended; 46 UTAH Effective as of June 1, 1967, §§ 350.4 UB.C. 1114) Partial Revocation of Executive and 350.5 of Chapter II, Title 46, Code of By order of the Acting Maritime Order No. 8652 Federal Regulations, are amended to read Administrator. By virtue of the authority vested in the as follows: Dated: June 23,1967. President and pursuant to Executive Or­ § 350.4 Procedure for purchase. J ames S. D awson, Jr. Secretary. der No. 10355 of May 26, 1952 (17 F.R. Application for the Korean Service 4831), it is ordered as follows: ribbon shall be made to the Seafarer Re­ [Fit. Doc. 67-7370; Filed, June 28, 1967; 1. Executive Order No. 8652 of Janu­ 8:47 a.m.] lations Branch, Division of Manpower ary 28, 1941, which reserved public lands Development, Maritime Administration, within described areas in Utah for use of Department of Commerce, Washington, * the Department of the Air Force as an D.C. 20235. Such application should in­ aerial bombing and gunnery range, is clude seaman’s name, his license or iden­ Title 21— FOOD AND DRUGS hereby revoked so far as it affects the tification number, the name or names of Chapter I— Food and Drug Adminis­ following described areas: ships on which he served, dates of serv­ tration, Department of Health, Ed­ Salt Lake Meridian ice, and his mailing address. If found to ucation, and Welfare T. 1 S., R. 18 W., be eligible, an Authorization Card will be SUBCHAPTER B— FOOD AND FOOD PRODUCTS Sec. 7. supplied to the applicant whereby he may T. 1 S., R. 19 W., PART 121— FOOD ADDITIVES Sec. 12. purchase the Korean Service Bar from the only duly certified distributor, Harry Subpart C— Food Additives Permitted The areas described aggregate ap­ Sadow, Inc., 20 Vesey Street, New York, in the Feed and Drinking Water of proximately 1,257 acres in Tooele N.Y. 10007, at a cost of 65 cents. Replace­ Animals or for the Treatment of County. ment may be obtained in the same man­ Food-Producing Animals The lands are situated in the vicinity ner if bar is lost, destroyed, or rendered Am prolium, Arsanilic Acid, E rythro­ of Wendover, Utah. Topography is flat unfit for use, without fault or neglect on m ycin T hiocyanate, E thqpabate, and devoid of vegetative growth. Soils the part of the owner. ZOALENE contain a high percentage of salt. § 350.5 Replacements. The Commissioner of Food and Drugs, 2. Until 10 a.m. on December 21, 1967, having evaluated the data submitted in the State of Utah shall have a preferred (a) The following ribbon bars, previ­ ously issued for service in the U.S. Mer­ petitions (FAP 5D1591, 5D1609) filed by right of application to select the lands as AMDAL Co., Agricultural Division, Ab­ provided by R.S. 2276, as amended (43 chant Marine during World War H, pur­ suant to earlier Acts of Congress and bott Laboratories, North- Chicago, HI- U. S.C. 852). After that time the lands 60064, and other relevant material, has shall be open to the operation of the Executive orders, now repealed, may be replaced, if bar is lost, destroyed, or ren­ concluded that the food additive regula public land laws generally, including tions should be amended to provide for the mining laws, subject to valid ex- dered unfit for use, without fault or

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 the safe use in chicken feed, for the pur­ and Welfare (21 CFR 2.120), Part 121 Is E rythromycin i n A n im a l F e e d poses indicated, of erythromycin thio­ amended in Subpart C as follows: cyanate in specified combinations with 1. Section 121.207(c) is amended by Principal Grams per Combined with— Grams per Limitations Indications for use amprolium, arsanilic acid, ethopabate, ingredient ton ton and zoalene. Therefore, pursuant to the adding to item 2.7 in the table a new * * * provisions of the Federal Food, Drug, and subitem, as follows: 1.1 * * * * * * • * * Cosmetic Act (sec. 409(c)(1), 72 Stat. 1.2 Erythromycin 92.6 Arsanilic add. 90 For chickens; feed for As an aid in the pre­ § 121.207 Zoalene. (0. 01%) 2 days before stress vention of chronic 1786; 21 U.S.C. 348(c) (1)) and under the * * * A * and 3 to 6 days after respiratory disease authority delegated to the Commissioner stress; withdraw 5 during periods of days before stress; growth pro­ by the Secretary of Health, Education, (c) * * * slaughter. motion and feed efficiency; improving Zoalene in Complete F eeds for Chickens and T urkeys pigmentation. a. 1.1, 1.2. Zoalene___ 113.5 § 121.207(c), item 2.1.. § 121.207(c), item 2.1. b. 1.1,1.2. Amprolium. 113.5-227 $ 121.210(c) table 1, § 121.210(c), table 1, I Principal Grams per Combined with— Grams per Limitations Indications for use item 2.1. item 2.1. ingredient ton ton C. 1.1, 1.2. Amprolium.. 113.5-227 § 121.210(c), table 1, $ 121.210(c), table 1, + item 2.2. item 2.2. * * * * * * * * * * * # * ♦ * * * ♦ Ethopabate... 3.6 2.1 * * * • * * * * * * * # • * • 2.7 ♦ * * 2.2 Erythromycin.. 92.5 90 o. 2.1, 2.2...... 113.5 Erythromycin__a 92.5-185 § 121.292(d), items 1.1, 5 121.292(d), items 1.1, Arsanilic acid. For chickens; feed for As an aid in the pre­ 2.1, 4.1. 2.1, 4.1. (0. 01%) 7 to 14 days; with­ vention of infectious * * * * * * « * * * * * * * * * * * draw 5 days before coryza; growth pro­ slaughter. motion and feed efficiency; improving pigmentation. 2. Section 121.210(c) is amended by adding to item 2.9 in Table 1 two new subitems, a. 2.1, 2.2..__ ... ______Zoalene___ 113.6 § 121.207(c), item 2.1. . § 121.207(c), item 2.1; as follows: b. 2.1, 2.2______... ______Amprolium. 113.5-227 $ 121.210(c), table 1, § 121.210(c), table 1, item 2.1. item 2.1.

§ 121.210 Amprolium. c. 2.1, 2.2______Amprolium. 113.5-227 $ 121.210(c), table 1, § 121.210(c), table 1, REGULATIONS AND RULES + item 2.2. item 2.2. * ** * * * * **• * * * Ethopabate.* » * * * *3.6 • • • * * • (c) * * * 4.2 Erythromycin.; 185 Arsanilic acid. 90 For chickens; feed for As an aid in the pre­ T able 1--Amprolium in Complete Chicken and T urkey F eed (0. 01%) 5 to 8 days; do not vention and reduc­ use in birds pro­ tion of lesions and in ducing eggs for food lowering severity of Principal Grams per Combined with— Grams per Limitations Indications for use purposes; with­ chronic respiratory ingredient ton ton draw 5 days before disease; growth pro­ slaughter. motion and feed efficiency; improv­ » * * ... * * * ...... ing pigmentation. 2.9 * * * a. 4.1, 4.2. Zoalene______113.5 § 121.207(c), item 2.1.. § 121.207(c), item 2.1. s. 2.1, 2.2, 2.3, 2.4. 113.5- Erythromycin 227 ___ 4.6-18.5 As erythromycin Growth promotion b. 4.1, 4.2. Amprolium_____ 113.5-227 § 121.210(c), table 1, § 121.210(c), table 1, thiocyanate. and feed efficiency. item 2.1. item 2.1. t. 2.1, 2.2, 2.3, 2.4. 113.5- 227 92.5-185 I § 121.292(d), items § 121.292(d), items C. 4.1, 4.2. Amprolium. 113.5-227 § 121.210(c), table 1, § 121.210(c), table 1, 1.1, 2.1, 4.1. 1.1, 2.1, 4.1. + item 2.2. item 2.2. * * _* * * * * * * * * * • * * * * * Ethopabate. 3.6

3. Section 121.253(c) is amended by adding to item 1.7 in the table a new subitem, Any person who will be adversely af­ objections are supported by grounds le­ as follows: fected by the foregoing order may at any gally sufficient to justify the relief § 121.253 Arsanilic acid. time within 30 days from the date of its sought. Objections may be accompanied • * * ♦ * ♦ * publication in the F ederal R egister file by a memorandum or brief in support with the Hearing Clerk, Department of thereof. (c) * * * Health, Education, and Welfare, Room Arsanilic Acid in Complete Chicken and T urkey F eed 5440, 330 Independence Avenue SW., Effective date. This order shall be­ Washington, D.C. 20201, written objec­ come effective on the date of its publica­ Principal Grams per Combined with— Grams per Limitations Indications for use tion in the F ederal R egister. ingredient ton tions thereto, preferably in quintupli­ ton cate. Objections shall show wherein the (Sec. 409(c)(1), 72 S tat. 1786; 21 TJ.S.C. 348(c)(1)) ^ * * * * * * # * * * * * * * * • * * person filing will be adversely affected by 1,7 * * * the order and specify with particularity Dated: June 22,1967. f. 1.1,1.2,1.3,1.5. Erythromycin___ 92.5-185 § 121.292(d), items 1.1, § 121.292(d), items 1.1, 2.1, 4.1. the provisions of the order deemed ob­ • * * * * * • * * * * * * * « 2.1,4.1. J . K . K i r k , • • • jectionable and the grounds for the ob­ Associate Commissioner jections. If a hearing is requested, the for Compliance. 4. Section 121.292(d) is amended by adding to the table new items, as follows: objections must state the issues for the [F.R. Doc. 67-7305; Filed, Ju n e 28, 1967; § 121.292 Erythromycin thiocyanate. hearing. A hearing will be granted if the 8:45 am .] **«*•«, (d) * * * 9225

No. 125—Pt. I- -3 FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9226 RULES AND REGULATIONS

§ 1480.2 Statutory provisions and Ex­ lishes In the F ederal R egister, for the Title 32— NATIONAL DEFENSE ecutive orders. guidance of the public, the following : (a) Freedom of information. The (1) Descriptions of its central and Chapter XIV— The Renegotiation regulations in this part implement the field organization and the established Board provisions of section 552 of title 5, United places at which, the officers from whom, SUBCHAPTER B— RENEGOTIATION BOARD States Code (section 3 of the Adminis­ and the methods whereby, the public may REGULATIONS UNDER THE 1951 ACT trative Procedure Act as amended by secure information, make submittals or Public Law No. 90-23, approved June 5, requests, or obtain decisions. PART 1470— INFORMATION RE­ 1967 (81 Stat. 54)). (2) Statements of the general course QUIRED OF CONTRACTORS (b) Confidential information. Records and method by which its functions are of the Board are subject to the restric­ channeled and determined, including Forms and Instructions for Filing tions on disclosure of confidential in­ the nature and requirements of all Section 1470.92 Instructions for pre­ formation provided in section 1905, title formal a n d informal procedures paring and filing renegotiation reports 18, United States Code. available. is deleted in its entirety and the follow­ (c) Income tax data. (1) Executive (3) Rules of procedure, descriptions ing is inserted in lieu thereof : Order 10907, dated January 17, 1961 (26 of forms available or the places at which F.R. 508), issued pursuant to section § 1470.92 Forms and instructions for forms may be obtained, and instructions filing renegotiation reports. 6103(a) (1) of the Internal Revenue Code as to the scope and contents of all pa­ of 1954 (68A Stat. 753), provides in part pers, reports, or examinations. The Standard Form of Contractor’s that “income tax returns made under the Report (see § 1470.90) and the State­ Internal Revenue Code of 1954 shall be (4) Substantive rules of general ap­ ment of Non-Applicability (see § 1470.- open to inspection by the Renegotiation plicability adopted as authorized by law, 91), together with explanatory informa­ Board.” Income Tax Regulation 301.6103 and statements of general policy or in­ tion and instructions for preparing and (a)-105(a), referring to the foregoing, terpretations of general applicability filing such reports, are set forth in a provides in part as follows: formulated and adopted by the Board. (5) Every amendment, revision, or re­ booklet published by the Board, entitled * * * Any information thus obtained shall “Forms and Instructions for Filing Re­ be held confidential except that it may be peal of the foregoing. negotiation Reports.” Such information published or disclosed in statistical form (b) Where contained. (1) Publication and instructions are intended to guide provided such publication does not disclose, of the matter referred to in paragraph and assist contractors in complying directly or indirectly, the name or address of (a) (1) of this section, including every with the act; they are not a substitute any taxpayer. amendment, revision, or repeal, is made for any regulations in this subchapter. By similar provisions, income and excess in the Board’s Statement of Organiza­ Copies of the forms and booklet may profit tax returns made Under the Inter­ tion and in the regulations in this part. be obtained from the Board and the nal Revenue Code of 1939 are open to (2) Publication of the matter referred Regional Boards (see § 1472.6(d) (1) of inspection by the Renegotiation Board. to in paragraph (a) (2), (3), and (4) of this subchapter), and may also be ob­ (2) Records of the Board are subject.this section, including every amendment, tained in person at the field offices of to the restrictions on disclosure of income revision, or repeal, is made in the regu­ the Department of Commerce. tax information and data provided in sec­ lations in this part as part of the Code of Federal Regulations, this Title 32, (Sec. 109, 65 Stat. 22; 50 U.S.C. App., Sup. tion 7213(a) (1) of the Internal Revenue 1219) Code of 1954. Chapter XIV, Subchapter B. (d) ClassifiedHnformation. Executive (c) Availability; sale to the public. All Dated: June 26, 1967. Order 10501, dated November 5, 1953 matter published in the F ederal R egis­ ter, L aw rence E. H art w ig , (18 F.R. 7049), as amended, entitled as provided in this section, will be Chairman. “Safeguarding official information in the maintained and made available for pub­ interests of the defense of the United lic inspection at the principal office of [F.R. Doc. 67-7398; Filed, Ju n e 28, 1967; States,” establishes three categories of the Board during usual hours of busi­ 8:49 a.m.J of classification for such information: ness, as set forth in § 1472.6 (d) (1) and Top Secret, Secret, and Confidential. The (e) (2) of this subchapter. All matter so order confers upon the Renegotiation published in the F ederal R egister is PART 1480— AVAILABILITY AND Board, among other departments, agen­ available to the public by purchase from CONTROL OF RENEGOTIATION cies and Governmental units, authority the Superintendent of Documents, Gov­ RECORDS AND INFORMATION for original classification of such infor­ ernment Printing Office, Washington, Sec. mation or material. D.C., 20402. 1480.1 Scope of part. § 1480.3 In general. § 1480.5 Public inspection of records; 1480.2 S tatu to ry provisions and Executive index. orders. The renegotiation law requires the 1480.3 In general. Board to obtain or develop, with respect (a) Records available for inspection. 1480.4 Publication in th e F ederal R egister. to the business of contractors ^subject Subject to the exemption provisions of 1480.5 Public inspection of records; index. to the provisions of the act, information § 1480.9, and subject to the deletion of 1480.6 Production of identifiable records. of the type described in section 1905, identifying details to the extent required 1480.7 Procedure for obtaining access to identifiable records. title 18, United States Code, section to prevent clearly unwarranted invasions 1480.8 Voting records of Board members. 7213(a)(1) of the Internal Revenue of personal privacy, the Board will make 1480.9 Exemptions. Code of 1954, and Executive Order available for public inspection and copy­ 1480.10 Access by agencies of th e Govern­ 10501 (see § 1480.2 Ob), (c), and (d), as ing, the following records: m ent. well as other commercial or financial in­ (1) Final opinions (including con­ 1480.11 Access to records p u rsu an t to sub­ formation which contractors themselves curring and dissenting opinions) in the poena or other judicial process. do not customarily disclose to the pub­ adjudication of cases, and statements of 1480.12 Copies of records; fees or charges. lic. In establishing the regulations in this policy and interpretations adopted by Authority : The provisions of this Part part, the Board has endeavored to the Board and not published in the F ed­ 1480 issued under sec. 109, 65 S tat. 22; 50 balance the necessity of protecting such eral R egister, to the extent that matter U.S.C. App. 1219; Pub. Law 90-23, 81 Stat. 54. information with the right of the public included therein is ' considered by the § 1480.1 Scope of part. to be adequately informed of the opera­ Board to have potential significance as tions of the Board. a precedent. This part establishes the regulations (2) Administrative staff manuals and governing the availability of information, § 1480.4 Publication in the Federal Reg­ instructions to Board personnel that af­ records and files relating to renegotiation ister. fect any member of the public. proceedings conducted by the Renego­ (a) Matter published. The Board (b) Certain records not available for tiation Board. separately states and currently pub­ inspection. The Board will not make

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967

J RULES AND REGULATIONS 9227 available for public inspection and copy­ available for inspection and copying this paragraph shall be made by letter ing any orders, as defined in section 2 (d) until the case or matter or which it is a addressed to and filed with the Secretary of the Administrative Procedure Act, as part or to which it pertains has been to the Board, at the principal office of amended (5 U.S.C. section 551(6) ), made finally completed. the Board, within 20 days after the date in the adjudication of cases. The Board (b) Burden of identification. A person of the notice by the General Counsel to has determined that all such orders are who requests access to a record under such person of the action to be reviewed. within the exemptions set forth in this section must provide a reasonably § 1480.8 Voting records of Board mem­ § 1480.9(a) (3) and (4), and in partic­ specific description of the particular rec­ bers. ular instances may also be within other ord sought. Such description shall in­ exemptions set forth in that section. clude, or shall explain the failure to Subject to the exemption provisions (c) Deletion of identifying details. include, the date of the record sought of § 1480.9, the Board will make available (1) When making available for public to be made available, the names or titles for public inspection a record of the final inspection and copying in an appropriate of the persons by whom and to whom it votes of each member of the Board after case any records described in paragraph is addressed, and the title or subject July 4, 1967 in every “agency proceed­ (a) of this section, the Board will delete matter of the record. The burden of pro­ ing” as that term is defined in section identifying details to the extent required viding a sufficient description shall be 2(g) of the Administrative Procedure to prevent a clearly unwarranted inva­ upon the person making the request, and Act, as amended (5 U.S.C. sec. 551(12)). sion of personal privacy. As used in this the Board will not comply with a request Such record will be made available for part, the term “personal privacy” refers that does not provide a sufficient descrip­ such purpose at the principal office of to the financial, commercial, medical, tion, or with a general or blanket request. the Board during usual hours of busi­ family or other private interests of any (c) Referrals to other agencies. (1) ness, as set forth in § 1472.6 (d) (1) and person as defined in § 1451.21 of this When the Board receives a request to (e) (2) of this subchapter. subchapter. make available a record which is the ex­ § 1480.9 Exemptions. (2) To each record from which identi­clusive concern of another agency of the (a) In general. The provisions of sec­ fying details shall have been deleted Government (see § 1451.23 of this sub­ tion 3 of the Administrative Procedure when the record is made available for chapter) , the Board will refer the request Act, as amended (5 U.S.C. sec. 552; see public inspection and copying pursuant to such other agency and will notify the § 1480.2(a)), do not apply to the to this section, the Board will attach a person making the request of such following: written justification for such deletions. referral. , (1) Records classified as Top Secret A single such justification shall suffice (2) When the Board receives a requestor Secret or Confidential within the for deletions made in a group of similar to make available a record which is of meanings assigned to those terms in or related records. Subject to necessary concern to more than one agency of the Executive Order 10501, dated Novem­ or appropriate variations in individual Government, the Board will retain and ber 5, 1953 (18 F.R. 7049), as amended, instances, the justification will be in sub­ act upon the request if the Board is one whether such classification is imposed stantially the following form: of the agencies concerned and if its in­ by the Board or by any other authorized terest in the record is paramount; other­ This record is (These records are) made department, agency, or Governmental available for public inspection and copying wise, the Board will refer the request to unit (see § 1480.2(d)). pursuant to Section 3(b) of the Adminis­ the agency having the paramount inter­ (2) Matters related solely to the in­ trative Procedure Act, as amended (5 US.C. est and will notify the person making the ternal personnel rules and practices of § 552(a) (2)). As authorized therein, to pre­ request of such referral. the Board or of a Regional Board. vent a clearly unwarranted invasion of per­ § 1480.7 Procedure for obtaining access (3) Matters specifically exempted from sonal privacy, identifying details have been to identifiable records. deleted. Information exempted from dis­ disclosure by statute. Examples: Infor­ closure by Section 3(e) of th e A dm inistrative (a) In general. This section prescribes mation described in 18 U.S.C. section Procedure Act, as amended (5 U.S.C. § 552 the procedure for obtaining access to an 1905 (see § 1480.2(b)); income tax data (b) ), including information subject to 18 identifiable record (see § 1480.6). described in section 7213(a) (1) of the ITS.C. § 1905 and § 7213(a)(1) of the In­ (b) Form of request. Any person desir­ Internal Revenue Code (see § 1480.2(c) ternal Revenue Code of 1954, has also been ing access to an identifiable record shall (2)); “restricted data” as that term is deleted. See RBR 1480.9. make a request therefor. Such request defined in the Atomic Energy Act of (d) - Index. The Board will maintainshall be in writing and shall indicate the 1954, as amended (42 U.S.C. sec. 2014). and make available for public inspection record or records to which access is de­ (4) Trade secrets and commercial, and copying a current index, or current sired, and shall also comply with the pro­ financial, or other information that is indexes, providing identifying informa­ visions of § 1480.6(b). If a copy of a par­ privileged or that was given to the Board tion for the public as to any record ticular record is desired instead of an in confidence or would not customarily described in paragraph (a) of this sec­ inspection thereof, the written request be made public by the person from whom tion which is issued, adopted, or promul­ shall so state. A request for a record shall it was obtained. gated- by the Board after July 4, 1967. be addressed to the Secretary to the (5) Interagency or intraagency memo­ The Board will also maintain and make Board, at the principal office of the randums or letters which would not be available for public inspection and copy­ Board, and will be acted upon by the available by law to a party other than an ing a current index, or current indexes, General Counsel of the Board. agency in litigation with the Board. of all matter described in § 1480.4. (c) Notice granting request. If the (6) Personnel and medical files and (e) Time and place for inspection. person requesting access to an identi­ similar files the disclosure of which Records (including indexes) subject to fiable record is entitled thereto under the would constitute a clearly unwarranted public inspection and copying pursuant regulations in this part, the General invasion of personal privacy. to this section will be made available for Counsel will notify such person in writ­ (7) Investigatory files compiled for law such purpose at the principal office of the ing of the time and place at which the enforcement purposes except to the ex­ Board during usual hours of business, as record will be made available and access tent available by law to a party other set forth in § 1472.6 (d) (1) and (e) (2) of granted. than an agency. this subchapter. (d) Notice denying request. If the per­ (8) Matters contained in or related to son requesting access to a record is not examination, operating, or condition re­ § 1480.6 Production of identifiable rec­ entitled thereto under the regulations ports prepared by, on behalf of, or for the ords. in this part, the General Counsel will use of an agency responsible for the (a) In general. Subject to the exemp­notify such person in writing that his regulation or supervision of financial tion provisions of § 1480.9, upon request request has bpen denied and will state institutions. made as provided in § 1480.7 the Board the reasons for such denial. (9) Geological and geophysical infor­ will make available for inspection and (e) Board review when request is de­ mation and data, including maps, con­ copying any identifiable record not pub­ nied. A person who has made a request cerning wells. lished or made available for public in­ for access to an identifiable record shall, (b) Certain records. Without limiting spection and copying pursuant to the if the request is denied, be entitled to the generality of the provisions of para­ Provisions of § 1480.4 or § 1480.5; but obtain a review of such action by the graph (a) of this section, the following generally no such record will be made Board. A request for review pursuant to are exempt: FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9228 RULES AND REGULATIONS (1) Financial statements filed with the be a charge of 25 cents for each copy Part 180 set forth in Notice No. 1A is Board pursuant to § 1470.3 (a)- and (b) of each page of any record so furnished, deemed justified and necessary; of this subchapter. with a minimum charge of $1. An addi­ It is ordered, That the aforesaid reg­ (2) Reports from any Department, or tional charge of $2 will be made for fur­ ulations governing the transportation of from any contractor, providing informa­ nishing an authenticated copy of any explosives and other dangerous articles tion to the Board for renegotiation pur­ record. There shall be no charge for the be, and they are hereby, amended in the poses with respect to the performance of making or verification of copies required manner and to the extent set forth as any contract or subcontract. for use by other agencies of the Gov­ follows: (3) Determinations, unilateral orders, ernment. Add new Part 180 to read as follows: agreements, clearance notices, and let­ Dated: June 26, 1967. See. ters not to proceed (see Part 1498 of this 180.1 Purpose of th e regulations in this subchapter). L aw rence E. H artw ig, P a rt 180. Chairman. 180.2 Scope of the regulations in this § 1480.10 Access by agencies of the Gov­ [F.R. Doc. 67-7399; Filed, June 28, 1967; P art 180. ernm ent. 180.3 Exem ptions from th e regulations in (a) Departments performing procure­ 8:51 a.m.] th is -Part 180. ment functions. Any Department named 180.4 D efinitions pertaining to this Part 180. in or designated pursuant to section 180.5 Acceptable commodities for trans­ 103(a) of the act will be afforded access Title 49— TRANSPORTATION portation by pipeline. to records in the custody of the Board 180.6 Dangerous goods n o t acceptable for when such access is necessary to further Chapter I— Interstate Commerce Com­ transportation by pipeline. the procurement activities of such mission and Department of Trans­ Department. Subpart A— Accident Reporting (b) Departments performing renego­ portation 1 180.25 Purpose of accident reporting. tiation functions. Any Department SUBCHAPTER A— GENERAL RULES AND 180.26 Reportable accident. named in or designated pursuant to sec­ REGULATIONS 180.27 Accident reports confidential. tion 103(a) of the act and any Depart-" 180.28 Accident reporting. [Docket No. 34650; Order 1] 180.29 Instructions for preparing DOT Form ment named in a prior Renegotiation 7000-1. Act will be afforded access to records in PART 180— CARRIERS BY PIPELINE 180.30 Filing of accident report on DOT the custody of the Board when such ac­ J u n e 16, 1967. Form 7000-1. cess is necessary to the performance of 180.31 Changes in or additions to accident duties imposed on such Department by The matter of certain regulations gov­ report. such act. erning the transportation of dangerous 180.32 Im m ediate notice of fatal accidents. (c) Specific instances. In specific in­ articles by pipeline, previously formu­ 180.33 D eaths occurring before filing report. stances, access to records in the custody lated, proposed and published by the 180.34 Notice of death occurring after filing of the Board will be afforded to any Interstate Commerce Commission has report. agency of the Government when the been transferred to the Department of 180.35 Carrier to assist in investigation. Transportation under the provisions of 180.36 Supplies of accident report DOT Board determines that such access is Form 700G-1. necessary in the best interests of the the Department of Transportation Act, Government. Public Law 89-670. These regulations are Authority : The provisions of this Part 180 promulgated in Title 49, Code of Federal issued under 74 S tat. 808, 79 Stat. 285, 80 § 1480.11 Access to records pursuant to Regulations, Parts 171-190,1 and those S tat. 931; 18 U8.C. 834. subpoena or other judicial process. portions of the regulations dealing with § 180.1 Purpose of the regulations in Subpoenas duces tecum, or other pipelines will be administered by the Ad­ this Part 180. judicial process constituting a demand ministrator, Federal Railroad Adminis­ (a) To promote the uniform enforce­ for access to or the production of records tration, Department of Transportation. ment of law and to minimize the dangers in the custody of the Board, are properly Notice No. 1A, dated January 16, 1967, to life and property incident to the trans­ to be served upon the Chairman of the set forth the proposed addition of Part portation of petroleum, explosives and Board. No person, notwithstanding that 180 to the said regulations, and the rea­ other dangerous articles (other than nat­ he may have physical possession of such sons therefor. Notice No. 1A was pub­ ural gas and water) by pipeline carrier records, is authorized to afford access lished in the F ederal R egister on Janu­ in interstate or foreign commerce. This thereto or to produce the same pursuant ary 31, 1967 (32 F.R. 1098), pursuant to Part 180 prescribes the general rules un­ to subpoena duces tecum or other judicial the provisions of section 4 of the Admin­ der which pipeline carriers must design, process except upon authorization or di­ istrative Procedure Act. Pursuant to said construct, test, maintain and operate in rection from the Chairman of the Board. notice interested parties were given an order to provide for safety to the public Whenever a subpoena or other process opportunity to be heard with respect to and to the carrier’s personnel. It is the demanding the production of records said proposed addition. duty of each such carrier to make the which are in the custody of the Board, Written views or arguments have been regulations effective and to thoroughly whether issued by a Federal court, State instruct employees in relation thereto. court, or administrative tribunal, is submitted with respect to the proposed served upon any person, other than said amendment to the regulations, and are § 180.2 Scope of the regulations in this Chairman, having possession of such such as to warrant modification at this Part 180. records, such person will appear in such time of certain of the proposals. In all (a) All pipeline carriers subject to court or tribunal and respectfully de­ other respects the proposed addition of Title 18, U.S.C. 831-835, known as the cline to present such records, basing his Explosives and Other Dangerous Articles refusal upon this regulation and point­ Act, which at any time transport dan­ ing out that such regulation makes pro­ 1 Effective Apr. 1, 1967, th e D epartm ent of Transportation assumed jurisdiction over the gerous goods, as defined in § 180.4, vision for service of subpoenas upon the transportation of explosives and other dan­ through their pipeline system under Chairman of the Board. gerous articles in interstate and foreign com­ pump pressure shall be subject to the § 1480.12 Copies of records; fees or merce pursuant to Public Law 89—670. The regulations in Parts 171-180 of this chap­ charges. Explosives Regulations were formerly pro­ ter. mulgated and administered by the Interstate Upon request, the Board will furnish Commerce Commission. Transfer of the Com­ § 180.3 Exemptions from the regulations a copy or copies of any record made mission’s safety functions to the Department in this Part 180. available pursuant to this part, except of Transportation has caused Parts 71 to 90 (a) Pipelines which operate at a stress records published in the F ederal R eg is­ of Title 49—Transportation to be redesig­ nated Parts 171 to 190 and all sections therein level of 20 percent or less of the speci­ ter and offered for sale by the Superin­ renumbered by adding 100 to each section fied minimum yield strength of line pipe tendent of Documents, Government num ber, e.g., § 71.1 becomes § 171.1 (see 32 in the system, and pipelines w hich move Printing Office (see § 1480.4). There shall F.R. 5606, Apr. 5, 1967). commodities from one point to another

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 RULES AND REGULATIONS 9229 by gravity rather than by pumping are Subpart A— Accident Reporting § 180.29 Instructions for preparing DOT exempt from the regulations in this part. Form 7000—1. § 180.25 Purpose of accident reporting. 8 180.4 Definitions pertaining to this (а) Reports of accidents on DOT Form Part 180. (a) The purpose of accident reporting7000-1 shall be prepared in accordance is to allow the determination of both with following instructions: (а) For the purpose of regulations in causes of accidents and remedies to pre­ this part, the following terminology is (1) General. Every applicable item vent accidents so that appropriate must be marked or filled in as fully and defined: regulations may be formulated for the as accurately as information accessible (1) Dangerous goods. The term “dan­ safe transportation of dangerous goods gerous goods” as used in this part shall by pipeline in interstate and foreign to the pipeline carrier at the time of fil­ mean explosives and other dangerous commerce. ing the report will permit. articles as defined in Part 173 of this (2) Part A. Enter name as it is filed chapter and petroleum as defined in this § 180.26 Reportable accident. with the Interstate Commerce Commis­ section. (а) For the purpose of the regulations sion. If the carrier’s name is not filed (2) Pipeline system. The terms “pipe­ in this part, a reportable accident is any with the Commission, enter the complete line system” and “pipeline” are synony­ failure in the system of a pipeline carrier corporate name of the carrier. Enter the mous, and shall mean all parts of a car­ transporting dangerous goods under address of your principal place of busi­ rier’s physical facilities through which pressure by pumping in which there is a ness including zip code. dangerous goods move including but not liquid or vapor release of the commodity (3) Part B, Item 1. The date the acci­ limited to: Line pipe, valves and other transported resulting in any of the fol­ dent occurred or was discovered will be appurtenances connected to line pipe, lowing: entered here. If the accident was not dis­ pumping units, fabricated assemblies (1) Explosion or fire not intentionally covered on the date it occurred, state associated with pumping units, measure­ set by carrier. this fact on the back of the form. ment and delivery stations and fabricated (2) Loss of 50 barrels or more of liquid. (4) Part B, Item 2. Place the exact assemblies therein, and carrier owned (3) Escape to the atmosphere of more time in hours and minutes (i.e., 10:15) breakout tankage. than 5 barrels per day of liquefied petro­ if known or a time range (i.e., 10- 11) (3) Pipe. “Pipe” or “line pipe” shall leum gas or other commodity which va­ if exact time is not known. If the acci­ mean a tube, usually cylindrical, through porizes upon release to the atmosphere. dent was not discovered on the date it which a commodity flows from one point (4) Death of any person. occurred, place the time it was discovered (5) Bodily harm to any person re­ and state this fact on the back of the to another. sulting in one or more of the following: (4) Specified minimum yield strength. form as in Part B, Item 1. The minimum yield strength, expressed (i) Loss of consciousness. (5) Part B, Item 3. Enter all three in pounds per square inch, prescribed by (ii) Necessity to carry the person from names, State, county, city or town, in the specification under which the mate­ the scene. or near which accident occurred. rial is purchased from the manufacturer. (iii) Necessity for medical treatment. (б) Part B, Item 4. Mark the appro­ (iv) Disability which prevents the dis­ priate box. If “other” is marked, state (5) Stress level. The level of tangen­ charge of normal duties or the pursuit clearly on form what part of the pipe­ tial or hoop stress, usually expressed as of normal activities beyond the day of line system. a percentage of specified minimum yield the accident. (7) Part B, Item 5. If the accident oc­ strength. (б) Property damage to other than curred in an uninhabited area, such as (б) Barrel. Unit of measurement equal* carrier’s facilities to the extent of $1,000 woods, cultivated field swamp, etc., so to 42 U.S. gallons at 60° F. used to de­ or more, based upon actual cost or re­ state clearly on the form under Item 5. termine quantity of petroleum. liable estimates. If not, a sketch shall be attached to the (7) Petroleum. A general term includ­§ 180.27 Accident reports confidential. form showing the part of the pipeline ing but not limited to: crude oil, natural system where the accident occurred, and gasoline, liquefied petroleum gas (LPG) (a) Accident reports made by pipelinethe location of the accident as related and liquid petroleum products. carriers in compliance with the regula­ to significant ‘landmarks. Each item tions in this part shall be for the infor­ shown on the sketch must be clearly and § 180.5 Acceptable commodities for mation of the Department of Trans­ transportation by pipeline. distinctly marked to identify it. Approxi­ portation, and shall not be open to public mate distances from accident location to (a) For the purpose of the regulations inspection: Provided, however, When the all landmarks shown on the sketch must in this Part 180, all petroleum can be Department considers such action con­ be indicated. accepted for transportation by pipeline sistent with the public interest and (8) Part C. Mark the appropriate box unless, due to the unusual character of necessary to the proper administration or boxes. If applicable, more than one the commodity, it will damage the pipe­ and enforcement of the provisions of the box shall be marked. If “other” is line and thereby create an undue safety Explosives and Other Dangerous Articles marked, state clearly on form the exact hazard to persons or property. Act, Title 18, U.S.C. 831-835, or of orders, origin of the liquid or vapor release. § 180.6 Dangerous goods not acceptable rules, and regulations issued thereunder, (9) Part D. Mark the appropriate box. for transportation by pipeline. it may in its discretion, upon prior ap­ If “other” is marked, clearly state the proval of an application of any operating cause of the accident. (a) For the purpose of the regulationselement of the Department, allow such in this Part 180, no dangerous goods, ex­ (10) Part E. Indicate a number under reports, or excerpts therefrom to be of­ each heading including “0” if none. If cept as specified in § 180.5, shall be per­ fered in evidence, (1) by attorneys in the mitted to be transported by pipeline after any of the numbers change after the employ of the Department in a Depart­ form is filed, the revised number or num­ September 6,1967, without a special per­ ment proceeding, and (2) by attorneys mit being issued by the Administrator, bers will be filed as a supplement to the in the employ of the Department or by report form (see § 180.31). Federal Railroad Administration, De­ U.S. attorneys in a court proceeding in­ partment of Transportation. Applica­ (11) Part F, Items 1 and 2. Report stituted by or at the request of the De­ only material in the pipeline system that tions for such permits shall give proper­ partment. ties and characteristics of the dangerous was actually demaged such as pipe, § 180.28 Accident reporting. valves, or fittings. Do not include cost of goods to be transported and design commodity which was lost due to the specifications, including maximum op­ (a) Every pipeline carrier subject toaccident or fittings used during repair erating pressures, for the pipeline the regulations in this part, domiciled in the United States or elsewhere who ex­ which became permanently attached to through which the commodity is tp be periences a reportable accident, as de­ system. The dollar value of damage transported. Applications should be sub­ fined in § 180.26, in the United States, should be based on replacement at pres­ mitted in duplicate to the Director, Of­ ent day costs. shall prepare and file an accident report, (12) Part F, Items 3 and 4. This is fice of Hazardous Materials, Department on DOT Form 7000-1.1 damage to property other than that of of Transportation, Washington, D.C. 1A copy of DOT Form 7000-1 is filed as part the carrier. Dollar value must be actual 20590. of the original document. or the best estimate available.

FEDERAL REGISTER, VOL. 32, NO. 125—rTHURSDAY, JUNE 29, 1967 9230 RULES AND REGULATIONS (13) Part G, Item 1. State the com­ shall immediately transmit notice of Issued in Washington, D.C., on June monly used name of the commodity, such accident by telegraph or telephone 16, 1967. to the Administrator, Federal Railroad such as fuel oil, regular gasoline, lique­ [seal] A. S c h effe r L ang, fied petroleum gas, etc. If the commodity Administration, as Indicated in § 180.30. Administrator, name is one not commonly used, state The notice shall include at least the fol­ Federal Railroad Administration. the name here and give a brief descrip­ lowing information: tion of it under “Account of Accident (1) Name and address of the pipeline [F.R. Doc. 67-7369; Filed, June 28, 1967; by Responsible Official of Carrier.” carrier. 8:51 am .] (14) Part G, Item 3, State the year (2) Date, time, and exact location of installed or the best estimate possible. the accident. [S.O. 948; Amdt. 7] Pipe is excluded as the year of installa­ (3) The number of persons killed and PART 195— CAR SERVICE tion is required in Item 4 of Part H. the number injured. (15) Part H. Mark appropriate boxes (4) Brief description of accident. Chicago, Rock Island and Pacific Rail­ and state information required in all § 180.33 Deaths occurring before filing road Co. Authorized to Operate items of this Part H only if the accident Over Trackage of Union Pacific occurred in line pipe. If the accident report. occurred in any other part of the pipe­ (a) In addition to the requirements Railroad line system, omit this Part H. of § 180.32, every death shall be reported At a session of the Interstate Com­ (16) Part I. Mark appropriate boxes on DOT Form 7000-1 whether it oc­ merce Commission, Railroad Service and state information required in all curs at the time of the accident or Board, held in Washington, D.C., on the items of this Part I if the accident was subsequently if such deaths occur prior 22d day of June 1967. caused by corrosion in any component to the filing of said accident report form. Upon further consideration of Service of the pipeline system. In Item 4, state § 180.34 Notice of death occurring after Order No. 948 (29 F.R. 564, 5757, 18426; the length of time between the type of filing report. 30 F.R. 8269, 16005; 31 F.R. 8872, 16151), tests, such as pipe-to-soil potential, and good cause appearing therefor: stated in Item 5. (a) Whenever any accident results in the death of any person after filing of ■It is ordered, That § 195.948 Service (17) Part J. Complete all three items DOT Form 7000-1, notice of such deaths Order No. 948 (The Chicago, Rock Is­ only if the accident was caused by equip­ shall be given in writing within 24 hours land and Pacific Railroad Co. authorized ment rupturing the pipeline. In Item 2, after death becomes known to the pipe­ to operate over trackage of Union Pacific all the information stated on the closest line carrier as a supplement to the form Railroad) be, and it is hereby amended line marker must be shown. and shall be filed with the Administra­ by substituting the following paragraph (b) In the space provided after Part tor, Federal Railroad Administration, as (d) for paragraph (d) thereof: J, an account of the accident containing indicated in § 180.30. Such filing shall in­ (d) Expiration date. This order shall the most reliable information to which clude the following information: expire at 11:59 p.m., December 31, 1967, the pipeline carrier has access at the (1) Name and address of the pipeline Unless otherwise modified, changed, or time of reporting, sufficiently detailed carrier. suspended by order of this Commission. and complete to convey an understand­ Effective date. This amendment shall ing of the accident, shall be entered. (2) Date and location of the accident. (3) Name and age of the deceased. become effective at 11:59 p.m., June 30, This account should be continued on an 1967. extra sheet of paper if more space is § 180.35 Carrier to assist in investigation. needed. (Secs. 1, 12, 15, 24 S tat. 379, 383, 384, as (a) If an investigation is made by the amended; 49 U.S.C. 1, 12, 15, 17(2). Inter­ (c) At the bottom of the back of DOT Department subsequent to a reportable prets or applies secs. 1(10-17), 15(4), and Form 7000-1, state the name and title accident, the pipeline carrier involved in 17(2), 40 S tat. 101, as amended, 54 Stat. 911; of the pipeline official responsible for said accident shall make available to the 49 U.S.C. 1(10-17), 15(4), and 17(2)) compiling and filing the report along duly authorized representative or rep­ It is further ordered, That copies of with the telephone number where this resentatives of the Department all rec­ this order and direction shall be served official can be reached, and the date the ords and information which in any way upon the State Corporation Commission report was completed. pertain to the accident, and shall afford of Kansas and upon the Association of § 180.30 Filing of accident report on all reasonable assistance in the investi­ American Railroads, Car Service Divi­ DOT Form 7 0 0 0 -1 . gation of any such accident. sion, as agent of the railroads subscribing (a) A report of each accident shall be §180.36 Supplies of accident report to the car service and per diem agree­ prepared in compliance with § 180.28. D O T Form 7 0 0 0 -1 . ment under the terms of that agreement; and that notice of this order shall be Two copies of each such report shall be (a) For the purpose of compliance filed as soon as practicable, but no later given to the general public by depositing with the regulations in this part, every a copy in the office of the Secretary of the than 15 days after discovery of the acci­ pipeline carrier shall provide and main­ dent, with the Administrator, Federal tain an adequate supply of DOT Form Commission at Washington, D.C., and by Railroad Administration, Department of 7000-1 to enable prompt reporting of ac­ filing it with the Director, Office of the Transportation, Washington, D.C. 20591. cidents. The Department will, upon re­ Federal Register. The carrier shall retain a copy of each quest, furnish specimen copies of the accident report. By the Commision, Railroad Service form. Board. § 180.31 Changes in or additions to ac­ It is further ordered, That this order [seal] H. Neil G arson, cident report. shall become effective September 6,1967, Secretary. (a) Changes or additions to the orig­ and shall remain in effect until further inal report on DOT Form 7000-1 shall be order of the Administrator, Federal Rail­ [F.R. Doc. 67-7402; Filed, June 28, 1967; filed immediately upon receipt of such road Administration; 8:49 aJtn.j information by the carrier with the It is further ordered, That compliance Administrator, Federal Railroad Admin­ with the herein prescribed and amended [S.O. 949; Amdt. 7] istration, as shown in § 180.30, as a sup­ regulations is hereby authorized on and PART 195— CAR SERVICE plement to the form. after the date of service of this order; Atchison, Topeka and Santa Fe Rail­ And it is further ordered, That copies § 180.32 Immediate notice of fatal acci­ way Co. Authorized To Operate dents. of this order be served upon all parties Over Trackage of Union Pacific (a) Whenever a reportable accident of record herein, and that notice shall results in the death of any person at the be given to the general public by filing Railroad time of the accident or prior to the filing a copy thereof with the Director, Office At a session of the Interstate Com­ of DOT Form 7000-1, the pipeline carrier of the Federal Register. merce Commission, Railroad Service

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 RULES AND REGULATIONS 9231

Board, held In Washington, D.C., on the Effective date. This amendment shall § 270.3 St. Louis, Mo.-East St. Louis, 111. 22d day of June 1967. become effective at 11:59 pjn., June 30, (a) The zone adjacent to and com­ Upon further consideration of Serv­ 1967. mercially a part of St. Louis, Mo.-East ice Order No. 949 (29 PJt. 564, 5757, (Secs. 1, 12, 15, and 17(2), 24 S tat. 379, 383, St. Louis, HL, within which transporta­ 18427; 30 F.R. 8269, 16006; 31 F.R. 8872, 384, as amended; 49 U.S.C. 1, 12, 15, and tion by motor vehicle, in interstate or 16152) and good cause appearing there­ 17(2). Interprets or applies secs. 1(10-17), foreign commerce, not under a common for: 15(4), and 17(2), 40 S tat. 101, as am ended 54 Stat. 911; 49 U.S.O. 1(10-17), 15(4), and control, management, or arrangement It is ordered, That § 195.949 Service 17(2)) for a continuous carriage to or from a Order No. 949 (The Atchison, Topeka point beyond the zone is partially ex­ and Santa Fe Railway Co. authorized to It is further ordered, That copies of empt from regulation under section operate over trackage of Union Pacific this order and direction shall be served 203(b)(8) of the Interstate Commerce Railroad) be, and it is hereby amended upon the State Corporation Commission Act (49 U.S.C. 303(b) (8)), includes and by substituting the following paragraph of Kansas and upon the Association of is comprised of all points as follows: (d) for paragraph (d) thereof: American Railroads, Car Service Divi­ (1) All points within the corporate limits (d) Expiration date. This order shall sion, as agent of the railroads subscribing of St. Louis, Mo; (2) all points in St. expire at 11:59 pjn., December 31, 1967, to the car service and per diem agree­ Louis County, Mo., within a line drawn unless otherwise modified, changed or ment under the terms of that agreement; 0.5 mile south, west, and north of the suspended by order of this Commission. and that notice of this order shall be following line, but not including any given to the general public by depositing Effective date. This amendment shall point north of the Meramec River and a copy in the office of the Secretary of the west of Kirkwood, Mo., west of the right- become effective at 11:59 p.m., June 30, Commission at Washington, D.C., and by 1967. of-way of proposed Circumferential Ex­ filing it with the Director, Office of the pressway (Interstate Highway 244), (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, Federal Register. 384, as amended; 49 Ù.S.C. 1, 12, 15, and north of a line formed by Dorsett Road 17(2). Interprets or applies secs. 1(10-17), 15 By the Commission, Railroad Service and the right-of-way of the Chicago, (4), and 17(2), 40 S tat. 101, as amended, 54 Board. Rock Island and Pacific Railroad, south Stat. 911; 49 U.S.C. 1(10-17), 15(4), and of Lackland Avenue, or points beyond [seal] H. N eil G arson, 17(2)) the established corporate boundaries of Secretary. Kirkwood, Huntleigh, and St. Ferdinand, It is further ordered, That copies of [F.R. Doc. 67-7404; Filed, June 28. 1967; Mo. (except that area bounded on the this order and direction shall be served 8:50 a.m.] upon the State Corporation Commission east by the western boundary of Kirk­ of Kansas and upon the Association of wood, on the south by Marshall Road, on American Railroads, Car Service Divi­ SUBCHAPTER B— CARRIERS BY MOTOR the west by Treecourt Avenue, and on sion, as agent of the railroads subscrib­ VEHICLE the north by Big Bend Road): Beginning ing to the car service and per diem agree­ [No. MC—C—1 (Sub-No. 2) ] at the Jefferson Barracks Bridge across ment under the terms of that agreement, the Mississippi River and extending and that notice of this order shall be PART 270— COMMERCIAL ZONES westerly along Missouri Highway 77 to given to the general public by depositing its Junction with U.S. Highway 61 By­ St. Louis, Mo.-East St. Louis, III., pass, thence along U.S. Highway 61 By­ a copy in the office of the Secretary of Commercial Zone the Commission at Washington, D.C., and pass to its junction with U.S. Highway by filing it with the Director, Office of the At a session of the Interstate Com­ 66, thence westerly along U.S. Highway Federal Register. merce Commission, Operating Rights 66, to its junction with Bowles Avenue, Review Board Number 2, held at its office thence northerly along Bowles Avenue By the Commission, Railroad Service in Washington, D.C., on the 6th day of actual or projected to the Meramec River, Board. June 1967. thence easterly along the south bank of [seal] H. N eil G arson, It appearing, that on December 30, the Meramec River to a point directly Secretary. 1964, the Commission, Operating Rights south of the western boundary of Kirk­ [F.R. Doc. 67-7403; Filed, Ju n e 28, 1967; Review Board Number 2, made and filed wood, thence across the Meramec River 8:50 ajn .] its second report on further considera­ to and along the western boundary of tion in this proceeding, 96 M.C.C. 691, Kirkwood to Marshall Road, thence and order redefining the limits of the westerly along Marshall Road to its [S.O. 950; Arndt. 6] zone adjacent to and commercially a part junction with Treecourt Avenue, thence of St. Louis, Mo.-East St. Louis, Bl., con­ northerly along Treecourt Avenue to its PART 195— CAR SERVICE templated by section 203(b)(8) of the junction with Big Bend Road, thence easterly along Big Bend Road to the Chicago, Burlington & Quincy Railroad Interstate Commerce Act (49 U.S.C. 303(b)(8)); western boundary of Kirkwood, thence Co. Authorized To Operate Over along the western and northern bound­ Trackage of Union Pacific Railroad It further appearing, that by joint petition filed October 17, 1966, Baldor aries of Kirkwood to the western bound­ At a session of the Interstate Com­ Electric Co., Keil Engineering Products, ary of Huntleigh, Mo., thence along the merce Commission, Railroad Service Inc., Kepro Circuit Systems, Inc., John western and northern boundaries of Board, held in Washington, D.C., on the V. Thieman (Crestwood Builders Supply Huntleigh to junction U.S. Highway 66, 22d day of June 1967. Division), L. E. Sauer Machine Co., thence in a northerly direction along U.S. Highway 66 (Lindbergh Boulevard) Upon further consideration of Service Shillington Box Textile Products Co., to its junction with Lackland Avenue, Order No. 950 (29 F.R. 565, 5757, 18427; Bohn & Dawson, Inc., and Western thence in a westerly direction along 30 F.R. 8163, 16006; 31 F.R. 16152) and Textile Products Co., seek modification Lackland Avenue to its junction with good cause appearing therefor: so as to include an additional area within the right-of-way of proposed Circum­ It is ordered, That § 195.950 Service the limits of the commercial zone of St. ferential Expressway (Interstate High­ Order No. 950 (The Chicago, Burlington Louis, Mo.-East St. Louis, 111.; way 244), thence in a northerly direc­ & Quincy Railroad authorized to operate and good cause appearing therefor: tion along said right-of-way to its junc­ over trackage of Union Pacific Railroad) It is ordered, That the proceeding be, tion with the right-of-way of the Chi­ be, and it is hereby amended by substi­ and it is hereby, reopened for reconsider­ cago, Rock Island and Pacific Railroad, tuting the following paragraph (d) for ation. thence in an easterly direction along paragraph (d) thereof: It is further ordered, That § 270.3 as said right-of-way to its junction with (d) Expiration date. This order shall prescribed in the order entered in this Dorsett Road, thence in an easterly di­ expire at 11:59 p.m., December 31, 1967, proceeding on December 30, 1964 (49 rection along Dorsett Road to its junc­ unless otherwise modified, changed, or CFR 270.3) be, and it is hereby, vacated tion with U.S. Highway 66, thence in a suspended by the order of this Commis­ and set aside, and the following revision northerly direction along UB. Highway sion. is hereby substituted in lieu thereof: 66 to its junction with Natural Bridge

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9232 RULES AND REGULATIONS Road, thence in an easterly direction pertain to blind applicants who seek em­ In § 13.5, a new paragraph 13.5(c) (2) along U.S. Highway 66 to the western ployment at radio broadcast stations. is added. Current §§ 13.5(c) (2) and boundary of St* Ferdinand (Florissant), The rules require that applicants for 13.5(c)(3) are redesignated §§13.5 Mo., thence along the western, northern, such licenses take a written examination; (c)(3) and 13.5(c)(4) respectively. As and eastern boundaries of St. Ferdinand however, this requirement may be waived added, § 13.5(c) (2) reads as follows: to junction U.S. Highway 66 and thence and an oral examination given to blind § 13.5 Eligibility for new license. along U.S. Highway 66 (Taylor Road) persons who desire to perform certain ***** to the corporate limits of St. Louis (near routine operating duties for which a Chain of Rocks Bridge); and (3) all Radiotelephone Third Class Operator (c) * * * points within the corporate limits of Permit endorsed for broadcast is re­ (2) If an applicant afflicted with East St. Louis, Belleville, Granite City, quired. The privileges granted under this blindness is afforded a waiver of the writ­ Madison, Venice, Brooklyn, National class license are limited and do not in­ ten examination requirement and is City, Fairmont City, Washington Park, clude the installation, service, or mainte­ found qualified for a radiotelephone and Monsanto, 111., and that part of the nance of transmitting equipment. third class operator permit, he may be Village of Cahokia, 111., bounded by Il­ Under existing Commission procedure, issued the permit: Provided, That the linois Highway 3 on the east, First Ave­ however, a Radiotelephone Third Class license so received shall bear an endorse­ nue and Red House (Cargill) Road on Operator Permit is issued to a blind per­ ment as follows: the south and southwest, the east line son who passes the examination only This license is not valid for the operation of the right-of-way of the Alton and upon a determination that the broadcast of any station licensed by the Commission Southern Railroad on the west, and the station where the applicant proposes to unless the station has been adapted for op­ work has been adapted for sightless oper­ eration by a blind person and the equipment corporate limits of Monsanto, HI., on the to be used in such station for that purpose northwest and north. ation. Some State agencies engaged in is capable of providing for operation in (b) The exemption provided by sec­rehabilitation services have expressed compliance with the Commission’s rules. tion 203(b)(8) of the Interstate Com­ willingness to pay the expenses necessary to adapt a broadcast station for sightless • * * * * merce Act in respect of transportation [F.R. Doc. 67-7389; Filed, June 28, 1967; by motor vehicle, in interstate or foreign operation. These agencies have requested, 8:49 a.m.] commerce, between Belleville, 111., on the however, that before making such ex­ one hand, and, on the other, any other penditures, the candidate must be prop­ point in the commercial zone, the limits erly licensed by the Commission. To of which are defined in paragraph (a) avoid this impasse, § 13.5(c) is hereby Title 41— PUBLIC CONTRACTS of this section, is hereby removed, and amended by adding a new section to pro­ the said transportation is hereby sub­ vide that a Radiotelephone Third Class AND PROPERTY MANAGEMENT jected to all the applicable provisions of Operator Permit issued to a blind person the Interstate Commerce Act. who qualifies by oral examination shall Chapter 1— Federal Procurement contain the following proviso: Regulations (49 S tat. 543, as amended, 544, as amended, This license Is not valid for the operation 546, as amended; 49 U.S.C. 302, 303, 304) of any station licensed by the Commission PART 1-16— PROCUREMENT FORMS It is further ordered, That this order unless the station has been adapted for shall become effective on July 21, 1967, operation by a blind person and the equip­ Revision of Performance Bond Form ment to be used in such station for that pur­ and shall continue in effect until the pose is capable of providing for operation This amendment of the Federal Pro­ further order of the Commission. in compliance with the Commission’s rules. curement Regulations (FPR) prescribes And it is further ordered, That notice The amendment herein ordered will the June 1967 edition of Standard Form of this order shall be given to the general facilitate the licensing of blind persons 25, Performance Bond. The new edition public by depositing a copy thereof in who qualify by examination to obtain the office of the Secretary of the Com­ of the form was made necessary by sec­ mission, at Washington, D.C., and by Radiotelephone Third Class Operator tion 105(b) of Public Law 89-719 which Permits and will specify the endorsement amended the Miller Act (40 U.S.C. 270a- filing a copy with the Director, Office of to be placed on such permits. The en­ the Federal Register. dorsement will simply alert station licen­ 270e) to require that performance bonds By the Commission, Operating Rights sees who are employers of licensed blind required under that act provide coverage Review Board Number 2. operators that the permit is valid only for for taxes imposed by the United States use in stations which have been adapted which are collected, deducted, or with­ [ seal] H. N e il Garson, for sightless operation. Since this amend­ Secretary. ment is a procedural change, compliance held from wages paid by contractors in [F.R. Doc. 67-7406; Filed, Ju n e 28, 1967; with the notice and rule making pro­ carrying out the contracts with respect 8:50 a jn .j cedure prescribed by sections 4 (a) and to which such bonds are furnished. (b) of the Administrative Procedure Act The FPR amendment also authorizes is unnecessary, and it may be made changes in and use of the June 1964 effective immediately. Title 47— TELECOMMUNICATION It is ordered, Under authority con­ edition of the form until stocks of the tained in sections 4 (i) and 303 (r) of the new edition of the form are available. Chapter I— Federal Communications Communications Act of 1934, as Subpart 1—16.8— Miscellaneous Forms Commission amended, that effective June 30, 1967, [FCC 67-749] § 13.5 of the Commission’s rules is Section 1-16.801 is amended by re­ amended as set forth below. vising paragraph (a) (2) as follows: PART 13— COMMERCIAL RADIO (Secs. 4, 303, 48 S tat., as amended, 1066, 1082; § 1—16.801 Bond forms. OPERATORS 47 U.S.C. 154, 303) Adopted: June 23, 1967. (a) * * * Order Regarding Eligibility for New (2) Performance Bond (Standard License Released: June 26,1967. F ederal C ommunications Form 25, June 1967 edition). In the matter of amendment of Part C o m m issio n ,1 * * * * * 13 of the Commission’s rules to provide [ seal] B e n F . W aple, Subpart 1-16.9— Illustrations of for issuance of specially endorsed Radio­ Secretary. Forms telephone Third Class Operator Permits Part 13 of Chapter I of Title 47 of the to blind persons. Code of Federal Regulations is amended Section 1-16.901-25 is revised to illus­ The Commission has under considera­ as follows: trate the June 1967 edition of Standard tion the eligibility requirements for com­ mercial radio operator licenses as they i Commissioner Lee absent. Form 25, as follows:

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 § 1—16*901—25 Standard Form 25 : Performance Bond, (b) P a g e 2 of S ta n d a rd F o rm 25. (a) Page 1 of Standard Form 25. ÇQRPORATE SURETY(IES) (Continued) DATE BOND EXECUTED (M ust be same STANDARO FORM 2 5 Name & STATE OF IN C LIABILITY LIMIT JUNf 1967 ÉDITION PERFORMANCE BOND Utter than date o f contrast) GENERAL SERVICES ADMINISTRATION Addrtis FED. FROC. REG. (4 1 Cf RJ I - 16.601 (See Instructions on reverse) £ 2 . Corporate PRINCIPAL ( Legat name and business address) TYPE OP ORGANIZATION ("X" one) Signatur«!») 3 Seal «/> Name(j) & 2 . Títl«!*) O INDIVIDUAI O PARTNERSHIP ( Typet/) STAtE OF INC. LIABILITY LIMIT I— I JOINT Nom« & 1___1 VENTURE O CORPORATION Addr«s» U STATE OF INCORPORATION 2. Signofure(s) Corporate 3 Seat SURETY(IES) (Piame(s) and business address(es) ) PENAL SUM OF BOND Name(t) & 2. Titl«(») MllllON(S) THOUSANDS) HUNDRED(S) CENT( S) ( Typet/.i

Noma & STATE OF INC. LIABILITY LIMIT CONTRACT DATE CONTRACT NO. Addr«»» O 2. Signotur«!») Corporate at 3 Stai Name(i) & 2. Titlet») (T y p e d ).

KNOW ALL MEN BY THESE^ PRESENTS, That we, the Principal and Surety(ies) hereto, are firmly bound to the Name & STATE O k INC. LIABILITY LIMIT United States df America (hereinafter called the Government) in the above penal sum for the payment of Which we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally: Provided, That, where the 2. Sureties ^are corporations acting as cosureties, we, the Sureties, bind ourselves in such sum "jointly and severally** as Signatur«!») Corporate well as severally * only for the purpose of allowing a joint action or actions against any or all of us, and for all Seal REGULATIONS AND RULES

other purposes each Surety binds itself, jointly and severally with the Principal, fot the payment of such sum only as SU RETY E Nomt(i) & 2. is set forth opposite the name of such Surety, but if no limit of liabjlfttf^b indicated, the limit of liability shall be the Titl«(») •• full amount of the penal sum. 4 ' (T y p e d ) Nom« A yfestllTY LIMIT THE CONDITION OF THIS OBLIGATION IS SU< Principal entered Into the contract identified Addr«»» above; LS Signatur«!») Corporate NOW , THEREFORE, if the Principal i v 0 < \ v \ Seat (a) Perform and fulfill all^t! erms, conditions, and agreements of said contract during Nom«(t) & 2, the original term of said coj thereof that may be granted by the Government, with or without Titl«{») notice to the Surety (ies), a ^ guaranty required under the contract, and shall also perform and (T y p e d ) fulfill all the undertakings, conditions, and agreements of any and all duly authorized modifications Name & STATE OF INC. LIABILITY UMlT of said contract that may hen ade, notice of which modifications to the Surety (ies) being hereby waived; and Addr«»» (b) If the said contract ject to the Miller Act, as amended (40 U.S.C. 270a-270e), pay to the Government 2. Corporate the full amount of the taxes Signotur«!») posed by the Government which are collected, deducted, or withheld from wages paid Seal by the Principal in carrying out the construction contract with respect to which this bond is furnished; then the above obligation shall be void and of no effect. SURETY G Nom«(») & 2. TifUl») ( T y p e d t IN WITNESS WHEREOF, the Principal and Surety (ies) have executed this performance bond and have affixed their seals on the date set forth above. * BOND Ra t e per t h o u s a n d PREMIUM ►

INSTRUCTIONS 1. This form is authorized for use in connection with (Surety A, Surety B, etc.) headed "fcORPORATE SURE­ Corporate contracts for construction work or the furnishing of TY (IES)**, and in the space designated "SURETY( IES)** Seal supplies or services. There shall be no deviation from on the face of this form only the letter identification of Nom«(.) A this form without approval by the Administrator of the Sureties Shall be inserted. TiHflC») General Services. (Typed) (b) Where individual sureties execute the bond, they 2. The full legal name and business address of the shall be two or more responsible persons. A completed INDIVIDUAL SURETY(IES) Principal shall be inserted in the space designated "Prin­ cipal" on the face of this form. The bond Shall be Affidavit of Individual Surety (Standard Form 2fc), for each individual surety, shall accompany the bond. Such Signatur«!») signed by an authorized person. Where such person is (Seat) signing in a representative capacity (e.g., an attorney-in- sureties may be required to furnish additional substantiat­ fact), but is not a member of the firm, partnership, or joint ing information concerning their assets and financial Nom«(i) capability as the Government may require, (Typed) venture, or an officer of the corporation involved, evidence of his authority must be furnished. 4. Corporations executing the bond shall affix their CORPORATE SURETY(IES) 3. (a) Corporations executing the bond as sureties corporate seals. Individuals shall execute the bond op­ Nom« A STATE OP INC. LIABILITY LIMIT must be among those appearing oh the Treasury Depart­ posite the word "Seal"; and, if executed in Maine or New Additi» ment's list of approved sureties and must be acting within Hampshire, shall also affix an adhesive seal, < the limitations set forth therein. Where more than a > 2 . Signotur«!») *• C o rp o ra te single corporate surety is involved, their names and ad­ 5. The name of each person signing this performance at 3 S a i l dresses (city and State) shall be inserted m the spaces bond should be typed In ibe space provided. Nomt(i) A I. 2. Tirt«») • V.S. COVUNMINT MINTING OFNCC 1 19*7 0 —1SS-IS4 (1901 (Typed)

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 No. 125—Pt. I- 4 9234 RULES AND REGULATIONS

(Sec. 205(c), 63 S tat. 390; 40 U.S.C. 486(c)) paragraph set forth in § l~1.318(a) of Modification of Standard Form 25 this title. Title 50— -WILDLIFE AND This decision is made in accordance with (June 1964 edition). Pending the availa­ the Disputes clause and shall be final and FISHERIES bility of stocks of the June 1967 edition conclusive as provided therein, unless, with­ Chapter I— Bureau of Sport Fisheries of Standard Form 25, the requirement in 30 days from the date of receipt of this for use of the form may be satisfied by decision, a written notice of appeal is mailed and Wildlife, Fish and Wildlife modifying the language on the face of or otherwise furnished to the contracting Service, Department of the Interior the June 1964 edition of the form (in­ officer addressed to the Secretary of Trans­ PART 32— HUNTING portation. The contractor shall sign the cluding the use of an attachment, as notice of appeal, identify the contract in­ San Andres National Wildlife Refuge, necessary) in the following manner. volved and the decision appealed from, and N. Mex. Change the provision beginning “Now, state that he is appealing from that de­ The following special regulation is Therefore” as follows: cision. A general letter of complaint ob­ issued and is effective on date of publi­ (a) In line 1, change “shall perform” jecting to some action taken may be con­ cation in the F ederal R egister. to “shall: (a) Perform”. sidered not to be a notice of appeal. The § 32.32 Special regulations; big game; notice should be in triplicate, specify the for individual wildlife refuge areas. (b) In line 6, revise the line to read part or parts of the decision from which N ew M exico “Surety(ies) being hereby waived; and”. the appeal is taken, and should state the (c) Add additional lines as necessary reason why those parts are erroneous. The SAN ANDRES NATIONAL W ILDLIFE REFUGE to read “ (b) If the said contract is sub­ rules of the Department of Transportation Public hunting of deer (either sex) on ject to the Miller Act, as amended (49 Contract Appeals Board are set forth in 41 the San Andres National Wildlife Stat. 793; 40 U.S.C. 270a-270e), pay to CFR 12-60. Refuge, N. Mex., is permitted from De­ cember 9, through December 10, 1967, the Government the full amount of the (b) See Chapter 1 of this title. inclusive, only on the area designated by taxes imposed by the Government which (14 U.S.C. 633,10 U.S.C. Ch. 137) signs as open to hunting. This area, are collected, deducted, or withheld from comprising 57,215 acres, is delineated on wages paid by the Principal in carrying maps available at refuge headquarters, out the construction contract with re­ PART 11-60— CONTRACT DISPUTE Las Cruces, N. Mex., and from the Re­ gional Director, Bureau of Sport Fish­ spect to which this bond is furnished; APPEALS then the above obligation shall be void eries and Wildlife, Post Office Box 1306, New subpart 11-60.5 is added, reading Albuquerque, N. Mex. 87103. Hunting and of no effect.” as follows: shall be in accordance with all appli­ Effective date. This amendment is ef­ cable State regulations covering the fective with respect to contracts entered Subpart 11-60.5— Departm ent of hunting of deer, subject to the following into pursuant to invitations for bids and Transportation, Contract Appeals special conditions: (1) Hunters must check in and out in requests for proposals issued after Board person at the check station at the junc­ June 30, 1967. tion of U.S. 70 and Jornada Road. The § 11—60.500 Effective date and applica­ check station will be open to allow Dated: June 21,1967. bility. hunters to start checking in during the J . E. M oody, Part 12-60 of this title established the late afternoon of December 8,1967. Time Acting Administrator of entry to the hunting area will be at of General Services. Department of Transportation Contract the discretion of the conservation officer Appeals Board, prescribes its functions in charge. Any entry permits required [F.R. Doc. 67-7251; Filed, Ju n e 28, 1967; by the military authorities will be avail­ 8:45 a.m.] and procedures, provides for the ap­ able at the check station. All hunters pointment of a chairman and members must check out no later than 10 p.m., of the Board, and authorizes the mem­ December 10, 1967. (2) No entry into the hunting area Chapter 11— Coast Guard, Depart­ bers of the Board to act. The regulations from the west will be permitted north of ment of Transportation in Part 12-60 of this title became effec­ the Rope Springs road. Hunters will also tive on May 27, 1967, and shall apply not be permitted to enter the east side [CGFR 67-41] of the San Andres Range except at the to all contracts “dispute” cases wherein MISCELLANEOUS AMENDMENTS TO discretion of the conservation officer in appeal from the contracting officer’s de­ charge. CHAPTER cision is taken on and after such effective (3) The conservation officer in charge may restrict the number of hunters en­ Pursuant to authority vested in me as date. The contract appeals rules con­ tering any one area. If required by the Commandant, U.S. Coast Guard, by 49 tained in this Subpart 11-60, shall be ap­ firing schedule, hunters will be cleared CFR 1.4: plicable to all cases pending prior to said from all areas whereon their safety is endangered. PART 11-1— GENERAL effective date of the rules in Part 12-60 The provisions of this special regula­ of this title except to the extent that the tion supplement the regulations which Subpart 11-1.3— General Policies govern hunting on wildlife refuge areas Board determines that the rules con­ Section 11-1.318 is revised to read as generally which are set forth in Title 50, tained in Part 12-60 shall apply. follows: Code of Federal Regulations, Part 32, and (14 U.S.C. 633,10 U.S.C. Ch. 137) are effective through December 10, 1967. § 11—1.318 Contracting officer's decision Dated: June 21, 1967. Ce c il A. K ennedy, under a disputes clause. Refuge Manager, San Andres (a) When a final decision of the con­ W . J . S m it h , National Wildlife Refuge, Las Admiral, U.S. Coast Guard, Cruces, N. Mex. tracting officer concerns a dispute that Commandant. is or may be subject to the Disputes J une 26,1967. clause, include the following as the last [F.R. Doc. 67-7361; Filed, Ju n e 28, 1967; [FJt. Doc. 67-7341; Filed, June 28, 1967; paragraph in the decision in lieu of the 8:47 a.m.] 8:45 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9235 Proposed Rule Making

not more than a total of 30 days in any ated within the Seashore must be reg­ DEPARTMENT OF THE INTERIOR calendar year: Provided, however, That istered and shall carry and display a cur­ during the period from May 15 through rent license plate of the State or coun­ National Park Service September 15, inclusive, camping is lim­ try in which it has been registered. The [ 36 CFR Part 7 1 ited to not more than a total of 12 days. operator of every motor vehicle must (d) Commercial fishing. (1) Commer­ have a valid operator’s license. CAPE HATTERAS NATIONAL cial fishing is prohibited from any sec­ (2) Only four-wheel drive vehicles and SEASHORE, N.C. tion of the beach which is closed to beach buggies not engaged in commer­ vehicular traffic. cial operations may be operated on the Aircraft, Camping, etc. (2) Commercial fishing without a per­ seashore beaches. No such authorized Notice is hereby given that pursuant mit is prohibited. Commercial fishermen vehicle shall be so operated until a per­ to the authority contained in section 3 may obtain an annual permit (on a cal­ mit therefor has been issued by the of the Act of August 25, 1916 (39 Stat. endar year basis), which shall be issued Superintendent. The term “commercial 535), 245 DM—1 (27 F.R. 6395), National only to legal residents of the villages operation” does not include commercial Park Service Order No. 34 (31 F.R. 4255), specified in section 1 of the Act of August fishing from the beach. Regional Director, Southeast Region 17, 1937 (50 Stat. 669). (3) Vehicular travel on the beach is Order No. 4 (31 F.R. 8135), as amended, (3) Commercial fishermen shall not permitted only on that portion of the it is proposed to revise § 7.58 of Title 36 set nets within 200 yards of any person beach which lies between the foot of the of the Code of Federal Regulations as set engaged in sport fishing. barrier dime and the ocean. forth below. (4) Camping and the erection of tents (4) All access to the beach by vehicles The purpose of this revision is to: (1) or other structures on the beach in con­ shall be by and on established routes and Designate the Billy Mitchell Airstrip as nection with commercial fishing opera­ via ramps constructed by the Service. an authorized landing area; (2) to limit tions is prohibited. Driving off the established routes, or so- the time allowed for camping in order to (e) Firearms, traps and other weap­ called dune driving is prohibited. insure the availability of camping facil­ ons. (1) The use of traps, hand-thrown (5) All vehicular travel on the beach, ities to the public; (3) to control com­ spears, nets (except landing nets and except for vehicular travel connected mercial fishing permitted by the Act of seines used in fishing), firearms (includ­ with commercial fishing operations, is August 17,1937; (4) to control the use of ing air and gas powered pistols and prohibited between the hours of sunset firearms; (5) to protect the natural re­ rifles), blow guns, bows and arrows or and sunrise. sources and provide for the protection of crossbows, and other implements de­ (6) During the period May 20 to geological, historical and archeological signed to discharge missiles in the air September 10, the following sections of objects; (6) to control the use of vehicles or under the water which are capable the beach are closed to all vehicular on the beach; (7) to control overnight of destroying animal life is prohibited. traffic: The possession of such objects or imple­ (i) Bodie Island, except that tip which stays on vessels at designated mooring ments is prohibited, unless they are un­ facilities; (8) to eliminate material on lies south of the Oregon Inlet camp­ speed limits which is no longer needed; loaded and adequately cased, broken ground and adjacent beach as marked; and (9) to update the regulations con­ down or otherwise packed in such a way (ii) Protected swimming areas and cerning hunting within the Seashore. as to prevent their use while in the area. those portions of the beach adjacent to It is the policy of the Department of (2) The provisions of this paragraph or opposite designated campgrounds; the Interior, whenever practicable, to do not apply to the use of shotguns while (iii) An area, starting at the north afford the public an opportunity to par­ a person is engaged in the legal hunting boundary of the Village of Buxton and of waterfowl as provided under para­ extending south to a point opposite ticipate in the rule making process. Ac­ graph (i) of this section. Cape Hatteras light; cordingly, interested persons may submit (3) Federal, State, county, or munic­ (iv) An area starting at the north written comments, suggestions, or ob­ ipal law enforcement officers are per­ boundary of the village of Hatteras and jections with respect to the proposed re ­ mitted to carry firearms within the Sea­ extending south approximately one-half vision, to the Superintendent, Cape shore when in the performance of their mile, as posted. Hatteras National Seashore, Post Office official duties. (7) The Superintendent may, by Box 457, Manteo, N.C. 27954, within 30 (f) Fishing. Sports fishermen shall days of the date of publication of this marking on a map which is available for not fish within 200 yards of commercial public inspection at the office of the notice in the F ederal R eg ister. - fishing operations. Superintendent, designate additional (5 U.S.C. 553; 39 S tat. 535; 16 UJ3.C. 3; 50 (g) Protection of resources. (1) The areas or adjust the boundaries of the Stat. 669; 54 Stat. 702; 16 U.S.C. 459a-l) cutting, breaking, tearing, removal or areas listed in subparagraph (6) of this T hom as. W . M orse, possession of any tree, shrub, or plant or paragraph which are closed to vehicular Acting Superintendent. paut thereof, except driftwood and such travel, when necessary for reasons of fruits and berries as may be designated public safety. Section 7.58 of Title 36 of the Code of by the Superintendent, is prohibited. ( ) Sitting or standing on fenders, Federal Regulations is revised to read as Driftwood, fruits, and berries shall be 8 follows: tailgates, roofs or other portions of the gathered only by hand for personal use, exterior vehicle body while the vehicle § 7.58 Cape Hatteras National Seashore. and not for sale or other commercial is in motion is prohibited. purposes. (a) Aircraft; designated airstrip. (1) (2) The use of any mineral or metal (9) Operating a motor vehicle which Billy Mitchell Airstrip, located approxi­ detecting device capable of detecting the is so loaded, or when there are in the mately 6 miles southwest of Cape Hat­ underground or underwater location of front seat such a number of persons, teras Lighthouse on Hatteras Island, N.C. geological, archeological, or historical exceeding three (3), as to obstruct the (b) Boats. No person shall stay over­ objects is prohibited. The provisions of view of the operator to the front or sides night on a vessel njoored at a designated this section do not apply to fathometers, of the vehicle or so as to interfere with mooring facility unless permission is first radar equipment, and electronic equip­ the operator’s control over the driving obtained in writing from the Superin­ ment used primarily for the navigation mechanism, is prohibited. tendent. and safe operation of boats and aircraft. (10) The speed of vehicles operated (c) Camping. Camping is permitted in (h) Vehicular travel. (1) License and on the beach or access routes shall not Cape Hatteras National Seashore for registration: Every motor vehicle oper­ exceed 20 miles per hour.

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9236 PROPOSED RULE MAKING (11) All vehicles shall proceed with postmarked date and hour of mailing will Mount Rushmore National Memorial, due caution, taking into account the govern the order of drawing. The maxi­ Keystone, S. Dak. 57751, within 30 days presence of persons using the beach. All mum number of reservations by any per­ of the date of publication of this notice vehicles approaching any person on foot son may not exceed 3 consecutive days in the F ederal R eg ister. shall slow down, detour around, or take in any 1 calendar week and not more (5 U.S.C. 553; 39 S tat. 535; 16 U.S.C. 3) whatever other measures are necessary than a total of 6 days for the season. to protect the safety of the person on Reservations shall have priority over A new § 7.77 is added to Part 7 of foot. nonreservations at drawing time. In the Title 36 CFR, reading as follows: (12) Vehicular traffic on the beaches, event a reservation is to be canceled, the § 7.77 Mount Rushmore National Me­ except as provided in this paragraph, Superintendent shall be informed by the m orial. shall be otherwise controlled by the pro­ holder of the reservation at least 12 hours (a) Climbing Mount Rushmore is pro­ visions of Part 4 of this chapter. in advance of the drawing time for the hibited. (1) Wildlife-hunting. (1) Except as date or dates of Cancellation. Failure of W allace O. M cC aw , otherwise provided in this section, the any party to so notify the Superintend­ Superintendent, hunting, killing, wounding, frightening, ent of cancellation will result in can­ Mount Rushmore National Memorial. capturing, or attempting to kill, wound, cellation of the remaining reservations in frighten, or capture, at any time of any the party’s name. [F.R. Doc. 67-7349; Filed, June 28, 1967; wildlife, or the feeding, touching, teas­ (9) The first departure from a blind 8:46 a.m.] ing, molesting, or intentionally disturb­ by a person terminates his reservation ing any wildlife or nesting and related and hunting privilege within Bodie Is­ activities or phenomena thereof is pro­ land for the day. Vacating persons must DEPARTMENT OF HEALTH, EDUCA­ hibited. check out through the official checking (2) Hunting of Canada Geese, Ducks, station. and Coots is permitted in accordance (10) All persons hunting on designated TION, AND WELFARE with the provisions of the Migratory Bird lands within the Seashore must be out of Social Security Administration Treaty Act and the Migratory Bird the hunting area within 1 hour after Him ting Regulations of the Secretary sunset. Possession of game or firearms [ 20 CFR Part 401 1 of the Interior, and the laws and regu­ within the designated area after that [Reg. No. 1] hour is prohibited. lations of the State of North Carolina, DISCLOSURE OF INFORMATION and the following special provisions. (11) Parties in blinds are limited to two hunters and two guns. One guest Protection of National Security (3) Hunting is permitted only on the may be present but may not hunt. following lands: (12) Only one hunter per pair may Notice is hereby given, pursuant to the Ocracoke Island, except Ocracoke Village. draw for a blind. The Superintendent Administrative Procedure. Act approved Hatteras Island—a strip measuring 250 feet may assign an additional hunter to any June 11, 1946, that the amendment to eastward from the highwater mark of Pam­ blind containing only one hunter. the regulation set forth in tentative form lico Sound between the Villages of Salvo below is proposed by the Commissioner an d Avon. (13) Hunters must leave the blinds in Hatteras Island—a strip measuring 250 feet a clean and sanitary condition. of Social Security, with the approval of eastward from the highwater mark of (14) Hunters taking banded water- the Secretary of Health, Education, and Pamlico Sound between the Villages of fowl shall turn in the bands at the check­ Welfare. The proposed regulation relates Avon and B uxton. ing station or nearest ranger station. to disclosure of official records and infor­ Hatteras Island—a strip consisting of the (15) Provisions of this hunting regu­ mation of the Social Security Adminis­ marshlands only starting at a point near lation will be enforced in cooperation tration. the east end of the Buxton Woods “Open Ponds” and continuing westerly to a point with Game Management Agents of the At present, § 401.3 (i) (4) of the regula­ approximately one-half mile north of the U.S. Fish and Wildlife Service and Wild­ tion of the Social Security Administra­ Frisco Campground, as posted and as life Protectors of the State of North tion a u t h o r i z e s the disclosure of shown on a map in the Hatteras District Carolina. information to the Federal Bureau of R anger’s office. [F.R. Doc. 67-7350; Filed, Ju n e 28, 1967; Investigation of the Department of Jus­ Bodie Island—1,000 acres consisting of the 8:46 a.m.] tice where such information is required marsh lands containing the fresh water ponds, lying to th e west of a line 500 in an investigation of major importance feet west of and parallel to the park en­ involving the commission of an act of trance road and between the north dike [ 36 CFR Part 7 1 espionage or sabotage inimical to the na­ of the former Goose-Wing Gun Club prop­ MOUNT RUSHMORE NATIONAL tional security. The proposed regulation erty on the north and the north boundary broadens this authorization to permit the of the former Dare County tract on the MEMORIAL, S. DAK. Social Security Administration to dis­ south. Climbing Prohibition close information in its records, under (4) Hunting on Bodie Island is per­ similar conditions, to a central official mitted only from permanent blinds Notice is hereby given that pursuant of the U.S. Secret Service charged with provided by the National Park Service. to the authority contained in section 3 of responsibility for protecting the national Temporary blinds may be used on Hat­ the Act of August 25, 1916 (39 Stat. 535; security where the information is re­ teras and Ocracoke Islands. 16 U.S.C. 3), 245 DM-1 (27 F.R. 6395), quired to enable the requesting agency National Park Service Order No. 34 (31 to discharge such responsibility. (5) Blinds on Seashore lands shall be F.R. 4255), Regional Director, Midwest no less than 300 yards apart. Prior to the final adoption of the pro­ Region Order No. 4 (31 F.R. 5169), as posed amendment, consideration will be (6) Jump shooting of waterfowl is amended, it is proposed to amend Part 7 given to any data, views, or arguments prohibited except on Hatteras and of Title 36, Code of Federal Regulations, pertaining thereto which are submitted Ocracoke Islands and is prohibited within as is set forth below. The purpose of this in writing in duplicate to the Commis­ 300 yards of any blind. amendment is to prohibit the climbing of sioner of Social Security, Department of (7) A daily drawing for blind assign­ Mount Rushmore in order to prevent in­ Health, Education, and Welfare Build­ ments at Bodie Island will be made at the jury to the visitor, and possible damage ing, Fourth and Independence Avenue game checking station approximately 1 to the sculpture. SW., Washington, D.C. 20201, within a hour before permissible shooting time It is the policy of the Department of period of 30 days from the date of pub­ which will be announced annually by the the Interior whenever practicable, to lication of this notice in the F e d e r a l Superintendent. Drawings must be made afford the public an opportunity to par­ by the person holding the reservation. ticipate in the rule making process. Ac­ R eg ister. The proposed amendment is to be (8) Advance requests for reservations cordingly, interested persons may submit may be made only through the U.S. mail. written comments, suggestions, or ob­ issued under the authority contained in Requests postmarked prior to 12:01 a.m., jections with respect to the proposed sections 205, 1102, and 1106, 53 Stat. September 25, will not be accepted. The amendment to the Superintendent, 1368, as amended; 49 Stat. 647, as

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 PROPOSED RULE MAKING 9237 amended; 53 Stat. 1398, as amended; tension of time for submission of com­ examination at the office of the Regional section 5 of Reorganization Plan No. 1 ments. They point out that the proposal Air Traffic Division Chief. of 1953, 67 Stat. 18, 631; 42 U.S.C. 405, is long and complex and that the exten­ This amendment is proposed under 1302, and 1306. sion is required in order to provide in­ the authority of section 307(a) of the Dated: June 12,1967. dustry comments having the degree of Federal Aviation Act of 1958 (49 U.S.C. completeness necessary to achieve the 1348). [seal] R obert M. B all, FAA’s objective. Commissioner of Social Security. Issued in Washington, D.C., on June I find that the petitioner has shown a 22,1967. Approved: June 23,1967. substantive interest in the proposed rule, that good cause exists for the extension, J . F. B iron, Wilbur J. Cohen, and that the extension is consistent with Acting Chief, Airspace and Air Acting Secretary of Health, the public interest. Traffic Rules Division. Education, and Welfare. Therefore, pursuant to the authority [F.R. Doc. 67-7366; Filed, Ju n e 28, 1967; Regulation No. 1 of the Social Security' delegated to me by the Administrator (14 8:47 am .] Administration, as amended (20 CPR CFR 11.45), the time within which com­ 401.1 et seq.) is further amended to read ments on Notice 67-14 will be received as follows: is extended to September 9, 1967. Section 401.3(1) (4) is amended to read Issued in Washington, D.C., on June CIVIL AERONAUTICS BOARD as follows: 23, 1967. [1 4 CFR Part 302 ] § 401.3 Information which may be dis­ J ames P. R udolph, closed and to whom. Acting Director, [Docket No. 18467; PDR-25B] Disclosure of any such file, record, re­ Flight Standards Service. LOCAL SERVICE CARRIERS port, or other paper, or information, is [F.R. Doc. 67-7367; Filed, Ju n e 28, 1967; hereby authorized in the following cases 8:47 a.m.j Servicing Expense; Supplemental and for the following purposes : Notice * * * * * [ 14 CFR Part 71 1 J une 26, 1967. (i) To any officer, agency, establish­ [Airspace Docket No. 67-WE-37] The Board in 32 F.R. 6714 and by cir­ ment, or department of the Federal Gov­ culation of PDR-25, dated April 25, 1967, ernment, charged with the duty of con­ FEDERAL AIRWAY gave notice that it had under consider­ ducting an investigation* or prosecution, ation an amendment to Subpart K of for the purpose of such an investigation Proposed Designation Part 302 which would prescribe a new or prosecution involving: The Federal Aviation Administration standardized method for use in Board ***** is considering an amendment to Part 71 proceedings for estimating the servicing (4) An inquiry relating to the commis­ of the Federal Aviation Regulations that expense of local service routes and route sion or threatened commission of an act w<5uld designate a Federal airway from proposals. Interested persons were in­ of espionage or sabotage or other similar Boysen Reservoir, Wyo., via a VOR to be vited to participate in the rule making act inimical to the national security: commissioned about October 12, 1967, in proceeding by submission of ten (10) Provided, That such information shall be the vicinity of Worland, Wyo., at ap­ copies of written data, views, or argu­ disclosed only to the Federal Bureau of proximate latitude 43°57'51" N., longi­ ments to the Docket Section of the Investigation or the U.S. Secret Service tude 107°57'00" W., to the Cody, Wyo., Board on or before June 1, 1967. On and only upon written certification by a VOR. The Cody VOR will be commis­ May 19, 1967, pursuant to a request by central official of the requesting agency sioned on August 17, 1967 (32 F.R. 8405). the 13 local service carriers, the Board, that the information requested is re­ A floor of 1,200 feet above the surface is in PDR-25A, 32 F.R. 7635, extended the quired in an investigation of major im­ proposed for this airway to contain the time for filing these comments 30 days. portance to enable it to discharge its climb from the surface to the minimum A number of local service carriers statutory responsibility for protecting the en route altitude and letdown. have requested another similar exten­ national security. This action would provide controlled sion of time in order to be able to fully ***** airspace within which air traffic service evaluate possible improvements in the [P.R. Doc. 67-7376; Filed, Ju n e 28, 1967; could be provided to a scheduled air car­ proposal which the Board might wish to 8:48 a.m.] rier operating into Boysen Reservoir, consider. Worland, and Cody. The undersigned finds that good cause Interested persons may participate in has been shown for the extension of time the proposed rule making by submitting requested. Accordingly, pursuant to au­ DEPARTMENT OF such written data, views, or arguments thority delegated in § 385.20(d) of the as they may desire. Communications Board’s Organization Regulations, effec­ TRANSPORTATION should identify the airspace docket num­ tive June 21, 1967, the undersigned ber and be submitted in triplicate to hereby extends the time for submitting Federal Aviation Administration the Director, Western Region, Atten­ comments to August 2, 1967. tion: Chief, Air Traffic Division, Federal [ 14 CFR Part 23 1 All relevant communications received Aviation Administration, 5651 West on or before August 2, 1967, will be con­ [Docket No. 8083; Notice 67-14A] Manchester Avenue, Post Office Box sidered by the Board before taking ac­ SMALL AIRPLANES 90007, Airport Station, Los Angeles, tion on the proposed rule. Copies of Calif. 90009. All communications re­ these communications will be available Type Certification Standards; Exten­ ceived within 45 days after publication for examination in the Docket Section, sion of Comment Period of this notice in the F ederal R egister Room 710, Universal Building, 1825 Con­ will be considered before action is taken necticut Avenue NW„ Washington, D.C., The Federal Aviation Administration on the proposed amendment. The pro­ upon receipt thereof. Proposed in Notice 67-14, published in posal contained in this notice may be /oo Federal Register on'April 11, 1967 changed in the light of comments (Sec. 204(a), Federal Aviation Act of 1958, (32 F.R. 5791), to amend Part 23 of the received. as am ended; 72 S tat. 743; 49 U.S.C. 1324) Federal Aviation Regulations to revise An official docket will be available for By the Civil Aeronautics Board. the type certification standards for small examination by interested persons at the airplanes. The notice stated that con­ Federal Aviation Administration, Office [seal] Arthur H. S im m s, sideration would be given to all com- of the General Counsel, Attention: Associate General Counsel, rece*ved on or before July 8, 1967. Rules Docket, 800 Independence Avenue Rules and Rates Division. nf *e AerosPace Industries Association SW., Washington, D.C. 20590. An infor­ [F R . Doc. 67-7380; Filed, Ju n e 28, 1967; 1 Alherica has requested a 60-day ex- mal docket also will be available for 8:48 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9238 PROPOSED RULE MAKING

retirement plan holding securities of an (3) A pension or retirement plan hold­ SECURITIES AND EXCHANGE issuer whose employees generally are the ing securities of an issuer whose em­ beneficiaries of the plan. ployees generally are the beneficiaries of COMMISSION The Commission’s attention has been the plan, unless such person is a bene­ ficial owner of more than percent of [1 7 CFR Part 240 1 called to recent litigation in which it was 10 argued that this exemption is applicable the securities so held or has the power to [Release No. 34-8106] even where an officer or director owns a influence or control the sale or purchase of securities for the plan, REPORTS OF DIRECTORS, OFFICERS, substantial portion of the securities of AND PRINCIPAL STOCKHOLDERS the plan or has the power to influence ***** or control the sale or purchase of secu­ (Secs. 3, 16, 23, 48 S tat. 882, as amended, 896, Notice of Proposed Rule Making rities for the plan. The proposed amend­ 901, as amended, sec. 8, 78 S tat. 579; 15 U.S.C. ment would make it clear that in such 78c, 78p, 78w) Notice is hereby given that the Secu­ situations a person’s interest is not rities and Exchange Commission has exempt. under consideration the adoption of an All interested persons are invited to amendment to Rule 16a-8(g) (3) (17 CFR The text of the proposed amendment submit views and comments on the pro­ 240.16a-8(g) (3)) under the Securities to Rule 16a-8(g) (3) (17 CFR 240.16ar- posed amendment. Written statements Exchange Act of 1934 (“Act”) which 8(g)(3)) is as follows: of views and comments should be sub­ would clarify and to some extent limit § 240.16a—8 Ownership of securities mitted to the Securities and Exchange the exemption from the requirement of held in trust. Commission, Washington, D.C. 20549, on filing certain reports under section 16(a) * * * * * or before July 31, 1967. of the Act. The proposed rule would be adopted pursuant to the authority (g) No report shall be required by any By the Commission. granted to the Commission in sections 16 person, whether or not otherwise subject and 23 of the Act. to the requirement of filing reports un­ [SEAL] ORVAL L. DUBOIS, der section 16(a) [of the Act] with re­ Secretary. The present rule exempts from the re­ J u n e 22,1967. porting requirement of section 16(a) of spect to his indirect interest in portfolio the Act a person’s indirect interest in secruities held by * * * [P.R. Doc. 67-7351; Piled, June 28, 1967; portfolio securities held by a pension or * * * * * 8:46 a.m.J

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9239 Notices

vertising on behalf of home market [Serial No. N-1005] DEPARTMENT OF THE TREASURY customers. Where appropriate, a deduc­ NEVADA Office of the Secretary tion was made for quantity discount. Adjustment was also made for differ­ Notice of Classification of Public Lands [Antidumping—ATS 643.3-B] ences in packing costs. for Multiple Use Management THIOUREA FROM JAPAN Purchase price was found not to be lower than adjusted home market price J une 20,1967. Notice of Tentative Determination except in sporadic instances early in 1. Pursuant to the Act of September the period under'consideration. These 19, 1964 (43 U.S.C. 1411-18), and to the J une 22,1967. were deemed to be not more than insig­ regulations in 43 CFR, Parts 2410 and Information was received on May 11, nificant. Due to improved market con­ 2411, the public lands described in para­ 1966, that thiourea imported from Japan ditions considered in conjunction with graph 3 below, are hereby classified for was being sold at less than fair value assurances given that future pricing multiple use management. within the meaning of the Antidumping would be controlled to prevent any re­ 2. Publication of this notice segre­ Act, 1921, as amended (19 U.S.C. 160 occurrence of sales to the United States gates the public lands described in para­ set seq.). This information was the sub­ at lower than adjusted home market graph 3 from appropriation only under ject of an “Antidumping Proceeding No­ prices, there appears to be no likelihood the agricultural land laws (43 U.S.C. Chs. tice” which was published pursuant to of a resumption of sales for exportation 7 and 9; 25 U.S.C. sec. 334). The lands § 14.6(d), Customs Regulations, in the to the United States at prices lower than shall remain open to all other applicable Federal R egister of June 25, 1966, on weighted-average adjusted home market forms of appropriation, including the page 8883 thereof. prices. mining and mineral leasing or material Thiourea is a chemical intermediate Such written submissions as interested sale laws. As used herein, “public land” used in the manufacturing of photo­ parties may care to make with respect means any lands withdrawn or reserved graphic chemicals, diazo-type coatings to the contemplated action will be given by Executive Order No. 6910 of Novem­ for office copy machine papers, pharma­ appropriate consideration by the Secre­ ber 26, 1934, as amended, or within a ceuticals, textile chemicals and a num­ tary of the Treasury. grazing district established pursuant to ber of other end products. If any person believes that any in­ the Act of June 28, 1934 (48 Stat. 1269), I hereby make a tentative determina­ formation obtained by the Bureau of as amended, which are not otherwise tion that thiourea imported from Japan Customs in the course of this antidump­ withdrawn or reserved for a Federal use is not being, nor likely to be, sold at less ing proceeding is inaccurate or that for or purpose. than fair value within the meaning of any other reason the tentative deter­ 3. The classified public lands are section 201(a) of the Antidumping Act, mination is in error, he may request in shown on Maps No. 1005 on file in the Ely 1921, as amended (19 U.S.C. 160(a)). writing that the Secretary of the Treas­ District Office, Bureau of Land Manage­ Statement of reasons on which this ury afford him an opportunity to present ment, Ely, Nev., and the Land Office, tentative determination is based. All im­ Bureau of Land Management, Federal his vieyVs in this regard. Building, Reno, Nev. portations were pursuant to outright Any such written submissions or re­ purchases, before exportation from The lands involved are generally de­ quests should be addressed to the Com­ scribed as follows: Japan, by U.S. purchasers not related missioner of Customs, 2100 K Street NW., within the meaning of section 207 of the All public land in White Pine County, Washington, D.C. 20226, in time to be Nev. with the exception of those lands de­ Antidumping Act (19 U.S.C. 166) to received by his office not later than 30 either the manufacturers or exporters of scribed in paragraph 4 below. days from the date of publication of this The areas described aggregate approxi­ the merchandise under consideration. notice in the F ederal R egister. Identical merchandise is sold for home mately 4,334,000 acres of public land. consumption in sufficient quantities to This tentative determination and the 4. The following described public lands provide an adequate basis for compari­ statement of reasons therefor are pub­ are not included within this classifica­ son. As the prices for home consump­ lished pursuant to § 14.8(a) of the Cus­ tion. These lands are in need of further tion varied because of a number of con­ toms Regulations (19 CFR 14.8(a)). study to determine proper classification. siderations, a weighted average of the [seal] T rue D avis, Mount Diablo Meridian, Nevada prices at which sales were made during Assistant Secretary of the Treasury. T. 16 N., R. 63 E., the period under consideration was used. [F.R. Doc. 67-7373; Filed, Ju n e 28, 1967; Sec. 1, Lots 5-20, S%NEi4, S%SEi4; Accordingly, in all instances, purchase 8:48 a.m.] Sec. 3, Lot 4, SW y4 NWy4, N W & S W ^ ; Price was compared with weighted- Sec. 9, NE14SE14, Wy2SEi4, excluding app. average adjusted home market price for 8 acres of MS 3903; fair value purposes. Sec. 12, E y2; Sec. 13, EY2SEyA, SW14NW&, NW^SW^; Purchase price was calculated on the DEPARTMENT OF THE INTERIOR Sec. 16, W ^N W & , excluding app. 1 acre basis of the c.i.f. or f.o.b. port price, as Bureau of Land Management of ME Pats., NE^4NW^4, excluding app. applicable. The included, ocean freight, 4 acres of MS 3903, NW ^NE^, excluding insurance, handling charges, and inland [M ontana 1598] app. 1.5 acres of MS 3903, SW & N E ^, ex­ freight from factory to point of loading „ MONTANA cluding 12.64 acres of MS 3458; aboard vessel, were deducted as appli­ Sec. 21, Ey.SWy4, excluding app. 76 acres cable. Notice of Classification of Lands for of patented lands; Sec. 22, SW ‘/4SWi/4, Ey2SWi4, WV0SEV.. Adjusted home market price was com­ Multiple Use Management NE&SE^; puted on the basis of a weighted- Correction Sec. 23, S»4; average of delivered prices. Prom such Sec. 24, Wy2NW&, E&NE&; weighted-average prices were deducted, In F.R. Doc. 67-6733, appearing at Sec. 25, W % ; as applicable, the average inland freight page 8623 of the issue for Thursday, Sec. 26, All; cost experienced during the period under June 15, 1967, the first line in the third Sec. 27, N%, NE&SE14; consideration, differences in credit terms, Sec. 28, NE&, SE&NWJ4, W&NWV4; column on page 8624 should read as Sec. 35, N%N}&; e cost of technical services, and ad­ follows: “T. 15 S., R. 11 W.,'\ Sec. 36, N^NW i/4.

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9240 NOTICES

T. 17 N., R. 63 E., [Serial No. N-815] T. 8 N., R. 27 E„ sec. i ,s y 2; Secs. 1 to 4, inclusive; Sec. 2, Lots 2, 3, 4, S& NW yi, SW%NE%, NEVADA Sec. 5, NE 14, E%NWÿ4. NE^SW^, N% N%SW%; SEi/4, SEi/4SEi/4; Sec. 3, Lots i, 2, 3, 4, S ^ N ^ , S %; Notice of Classification of Public Lands Sec. 6 , Lots 2 to 7, inclusive, NE y NE 14, Sec. 10, N ^ , Ni/2SWV4, SE%SW%, SE%; for Multiple Use Management sy 2NEy4, s e 14 n w y4, w % sw % , SEy4; Sec. 11, S%NW%, NW%SWVi, S& S% , Sec. 7, All; NE%SE%, SE%NE%; J une 23, 1967. Sec. 8 , NE y4 NE 14, NW 14NW 14, Sy2NWy4l sec. 12, ni/2, Ny2sy2, sy2swy4, swy4SE%; 1. Pursuant to the Act of September sy2; Sec. 13, N%NW%, NWiiHEi4, S&N&, sy2; 19, 1964 (43 U.S.C. 1411-18), and to the Sec. 9, Ny2 , N E % S W 14, N 1/2 SE 14 , S E % S E 14 ; Sec. 14, Ey2, Ey2Wy2; regulations in 43 CFR, Parts 2410 and Sec. 1 0 , Ny2, Ny2s w y i, SEy4 SW & , SE14; Sec. 15, Ny2NWy4 , NW&NE14, SEi/4SEy4; 2411, the public lands described in para­ Sec. 11 to 14, inclusive; Sec. 16, NE%, w y 2SE%; Sec. 15, NE 14, NE%NW%, NW&SWi/i, Sy2 Sec. 21, Wy2, SEyi, NW^NEyi; graph 3 below, are hereby classified for SW&.NEViSE^; Sec. 22, w y2sw y4, Ei/2Ey2; multiple-use management. Sec. 16, Wy2NEÎ4, W%, SE%; Sec. 23, All; 2. Publication of this notice segregates Sec. 21, All; Sec. 24, All; the described lands from (a) appropria­ Sec. 22, N y,N E 14, NW%, SW^SWyi; Sec. 25, NE14NE14, SE%NE^, excluding tion under the agricultural land laws Sec. 23, NE 14, N y2NW *4, SE & N W ^, S%; 2.5 acres of Pat. 1218746, SW%NWyi Sees. 24 to 28, inclusive; NE%SE%, NWi4SW%NE%SEy4, SW% (43 U.S.C. chs. 7 and 9; 25 U.S.C. sec. Sees. 33 and 34; SEyi, NWy4SEy4, excluding 5 acres of 334); from sales under section 2455 of Sec. 35, w y2; P at. 1220864; the Revised Statutes (43 U.S.C. 1171) ; Sec. 36, NE.14, N W ^N W yi, SE%. Sec. 26, N&; the Public Land Sale Act of September T. 9 N., R. 27 E., Sec. 27, Ny2SWV4; Sees. 6 , 7, 8,17, and 18; Sec. 28, All; 19, 1964 (78 Stat. 988; 43 U.S.C. 1 4 2 1 - Sec. 19, Ny2, SWy4, Ny&SEft, SW 14SE&; Sec. 33, All; 27); exchanges under section 8 (b) of the Sec. 2 0 , Ny2 ,SEy4 ; Sec. 34, W y2; Taylor Grazing Act of June 28, 1934 Sec. 21, Lots 1 to 5, inclusive, SEyiNW'/i; Sec. 36, SE%SEi4. Sees. 25 to 27, inclusive; T. 17 N., R. 64 E., (48 Stat. 1272 ; 43 U.S.C. 3159); from Sec. 28, Lots 2 to 4, inclusive,' NE%, SE% Sec. 4, Lots 1, 2, sy 2NEy4, S%; lease or sale under the Recreation and N w y4 , E y 2s w % , S E 14; Sec. 5, SE^t; Public Purposes Act of June 14, 1926, as Sec. 29, NEyiSE%, sy2SEft; Sec. 6, Lots 6, 7, NE%SWi4; Sec. 30, W%; Sec. 7, Lots 1, Ey2, Ey2SWy4; amended (44 Stat. 741; 43 U.S.C. 869) Sec. 31, Wy2; sec. 8, Nwy4swy4, sE^sw yi, Ey2; and (b) further segregates the public Sees. 32 to 36, inclusive. Sec. 9, w y 2; lands described in paragraph 4 of this T. 10 N„ R. 27 E., Sec. 16, Wy2; Sec. 31, unsurveyed. Sec. 17, AU; notice from operation of the general MINERAL COUNTY Sec. 18, Lots 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, mining laws (30 U.S.C. 20). Except as 14, 15, 16, E%NWy4NWy4, E % w % sw y4, provided in (a) and (b) above, the land T. 6 N., R. 26 E., Ey2W%, NW%NE%, SEy4NEy4, NE14 Secs- 1 and 12. NE*4, excluding 5 acres of Pat. 1227479, Shall remain open to all other applicable T. 5 N„ R. 27 E., W %SE%, SEi SE%, NE SE , exclud­ forms of appropriation, including the Sec. 1, NEÎ4, Wy2NWy4, NEyiSWÎ4,SEi/4; 4 14 14 Sec. 2, N ^N E i/i, SW%NE%, NW%, N% ing 5 acres of Pat. 27—66—0122; mining and mineral leasing or material swyi.sw&sw^; Sec. 19, Lots 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,15,16, 17,18, Ey2Wy2NW%, E^NWy4, sale laws. As used herein, “public lands” Sec. 11, NWi4NW%, S^N W y4, SW%, S% Ey2, sy NE%sw%sw%, n w % s e ^ means any lands withdrawn or reserved SE%; 2 Sec. 12, NE%, NEi/iNWyi, S%NW14, Sy2; sw^sw%, w%swy 4 s e yA sw % sw y4 , by Executive Order No. 6910 of November S y N i NE % S W %, S y NE V4 SE V4 S W !/4, Sec. 13, All; 2 /2 2 26,1934, as amended, or within a grazing Sec. 14, w y 2NEÎ4, Wy2, NW^SEfó, S& SEfcSEfcSWfc; Sec. 20, All; district established pursuant to the Act SE%; Sees. 23; 24, and 25, inclusive; Sec. 29, ; of June 28, 1934 (48 Stat. 1269), as Sec. 26, Lots 1 to 7, inclusive, NE'4, NE4 Sec. 30, Lots 3, 4, 5, 6, 7, 8, 10, 11, 17, E y2, amended, which are not otherwise with­ Ey2swyi, NE%Nwy4 NW^, sy2SEyi NWy4, NEyiSE%; swy4Nwyi, Ny2NEy4Nwy4, sy2swy4 drawn or reserved for a Federal use or Sec. 36, Lots 1 to 6, inclusive, N%NE%, 4 SE% Nwy4 , Ny2s e yAs e % n w %, s y 2N E ^ SE 14NEyi, NEy NWy4 . purpose. T. 6 N„ R. 27 E., S E y 4NWy4 ; 3. The classified public lands are lo­ Sec. 31, Lots 1, 2, 3, 4, E%W %, Ey2; Secs. 1 and 2; ' Sec. 3, NEi/4, Ny2NWyi, SE NW , N% Sec. 32, WMt. cated within the following described 14 14 area and are shown on a map designated SE%,SEy4SEi4; T. 18 N., R. 63 E., sec. 4, w y2, SWy4SEi4 ; Sec. 12, N W & SW ^, S%SW%; by Serial No. 8 1 5 , in the Carson City Sees. 5 to 9, inclusive; sec. 13 , wy2, swyiNEyi, wy&ssyi; District Office, Bureau of Land Manage-'" Sec. 10, NE 14NEV4, B%NWy4, SWyi, S'/i Sec. 24, Wi/2, SW14NE14; SEV4; Sec. 25, Wy2, NW%NEy4; ment, 801 North Plaza Street, Carson Sec. 11, Ny2NEy4, SEy4NEÎ4, NWÎ4; Sec. 35, SE %; City, Nev., and the Land Office, Bureau Sees. 12 and 13; Sec. 36, NW%, NW^4SWy4. of Land Management, Room 3008 Fed­ sec. 14, w y2Nwy4. sy 2; T. 18 N., R. 64 E., Sees. 15 to 18, inclusive; Sec. 7,NE%SEi4; eral Building, 300 Booth Street, Reno, Sees. 20 to 23, inclusive; sec. 8, Ny2sw y4, SE%; Nev. Sec. 24, NE 1,4NE%, S%NEy4, NW^NWft, S E y i Sec. 9, w y 2SW %, ; M o u n t D iablo M e r id ia n , N evada sy 2NW%, s w y i, N%SE%; Sec. 10, w y 2sw y 4; % Sec.25, w y2; Sec. 15, w y 2NW%, NWy4SWi4; LYON COUNTY Sec. 26, N14, N S W ^, SE14SWÎ4, SE^4; Sec. 33, Ey2E%, SW%SE%. T. 7 N., R. 26 E., sy Nwy4, sy2; The lands described above aggregate Sec.25,NE^,Sy2; 2 Sec. 36, NEi/4, SE%NWyi, Sy2. Sec. 36, S»4NE%, NW14, sy2. approximately 21,800 acres. T. 9 N., R. 26 E., T. 4 N., R. 28 E., 5. For a period of 30 days, interested Secs. 1, 12, 13, 24, 25, and 36, unsurveyea. Secs. 1 to 3, inclusive; sec. 4, n %, N y^sw yi, S E ^ S W ^ , SE14; parties may submit comments to the T. 10 N., R. 26 E., Secs. 35 and 36. Sec.5,Lot5,N% ,E^SW i4,SEi4; Secretary of the Interior, LLM, 721, T. 7 N., R. 27 E„ Sec. 6, Lots 1 to 9, Inclusive, SEÎ4NE14; Washington, D.C. 20240 (43 CFR 2411.1- Sec. l,sy2; Sec. 8, Lots 1 and 2, N%NEyi, SE^N E1^; Secs. 2 to 18, inclusive; Sec. 9, Lots 1 and 2, N ^, NEyiSWyi, »Ey4, 2 (d)). 19, NE& NE , Sy NW%, Sees. 10 to 12, inclusive; N olan F. K e il , Sec. 14 Nwy4Nwy4, 2 SW%; Sec. 13.NW14; State Director, Nevada. Secs. 20 to 29, inclusive; Sec. 14, N%; Sec. 30, NE%, W ^NW ^, SW^SWyi, SEyi; Sec. 15, Nyfe; _ u .r [P.R. Doc. 67-7343; Piled, Ju n e 28, 1967; Sec. 16, Lots 1 to 4, inclusive, N E^N E a - 8:46 a m .] Secs. 31 to 36, inclusive.

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 NOTICES 9241 T. 5 N., R. 28 E., T. 7 N., R. 27 E., For a period of 60 days from the date Secs. 2 and 3; Sec. 3, Lot 4, S W y N W y , N W y S W y ; Sec. 4, NE%, S%NW %, S%; Sec. 4, Lots 1 and 2, syNEy, Eysw y, of this publication, interested parties Sea 5. W%NE%, E%NW&, NW%NW&, S E y ; may submit comments to the district NEi4SW%, S%SW%, s e %; Sec. 5, s y s w y , SEy; manager of the Albuquerque or Socorro Sec. 6, N&NE&, W%, W %SE%, SE& SE&; Sec. 7, E y E y ; District Offices. Sec. 7, Ny2, SW&, W%SE^4, exclusive of Sec. 8, N y N E y , NWy*, W y S W y ; The lands affected by this proposal are patented mining claims; Sec. 9, N W y N E y , N y N W y ; located in Socorro, McKinley, San Juan, Sec. 17, WyNWy, NWySWy; and Valencia Counties, N. Mex., and are Sec. 8. Ny2, N%SW&, S E ^ S W ^ , SE%; Sec. 18, Lots 3 and 4, NEyNEy, SyNEy, described as follows: Sec. 9, All; sei/4nwi/4, Eyswy, NysEy, swy Sec. 10, exclusive of patented m ining S E y ; New Mexico Principal Meridian claims; Sec. 19, N E y N E y ; T. 2 N„ R. 6 W„ Sec. 11, NE»4, Ni/2NWi4, SW%NW%, S%; '»Sec. 30, Lot 4, Ny2 NE y , SW y NE14. Sec. 2, s y s y . T. N., R. 27 E., Secs. 14 and 15; 8 T. 3 N., R. 7 W., Sec. 5, N E y s w y ; Sec. 36, N E y , and s y . Sec. 16, N E ^ , Ei/2KW%, K f f p W % ; E% Sec. 8, N E y N E y ; SW%, SW&SW&, SE%; T. 20 N„ R. 7 W., Sec. 9, SWyNWy, NEyswy, NySEly, Sec. 30, lots 1, 2,3, 4, E y w y and S E y ; Sec. 17, N^NEV4. w y , exclusive of pat­ S E y SE y ] Sec. 32, N E y and W y2. ented mining claims, syS E y, exclusive Sec. 15, N E yN W y? T. 19 N., R. 8 W., of patented mining claims; Sec. 22, N y N E y ; Secs. 10 and 12; Sec. 18, exclusive of patented m ining sec. 27, Nwy4 , w y2 SW y ; Sec. 14, lots 1,2, Ey2, and EyNW y; claims; Sec. 28, E y E y ; Sec. 17; Sec. 19, exclusive of paten ted m ining Sec. 33, E y ; Sec. 20, N y , and S W y ; claims; sec. 34, wywy. Sec. 24; Sec. 20, exclusive of patented m ining The public lands described above ag­ Sec. 30, lots 1, 4, E y, NEyNWy, and SEy claims; SWy. Secs. 21 to 23, inclusive; gregate approximately 3,586.80 acres. T. 20 N„ R. 8 W., Sec. 25, All; 5. For a period of 30 days, interested Sec. 16; Sec. 26, N y , S W y , N y S E y ; parties may submit comments to the Sec. 22, E y ; Sec. 27, N y , SW %, N y S E y , S E y S E y ; - Secretary of the Interior, LLM, 721, Sec. 24, S E y ; Sec. 28, N E y , N E y N W y , S^NW >4, S y ; Washington, D.C. 20240 (43 CFR 2411.2 Secs. 26,34, and 36. Sec. 29, N y . N y s w y , S E y s w y , S E y ; (d)). T. 15 N., R. 10 W., Sec. 30, N E y , exclusive of patented m in ­ D aniel P. B aker, Sec. 6, lots 1, 2, S y N E y , and SEy. ing claims, w y , exclusive of patented Acting State Director, Nevada. T. 16 N., R. 10 W., mining claims, W ySEy, NEy SEy; Sec. 6, lots 1, 2, and S y N E y ; Sec. 31, Lots 1 to 4, inclusive, N W y N E y , [P.R. Doc. 67—7344; Piled, Ju n e 28, 1967; Sec. 20. Sy2NEy4, E y N W y , E y S W y , S E y ; 8:46 a.m.] T. 15 N., R. ltW ., Sec. 32, N E y N E y , W y S W y , S E y s w y ; Sec. 14, S W y ; Sec. 33. N E y , E y N W y , S W y N W y , Ey2 Sec. 24, E y2. SW y, Ny.SE 14, SE ySEy; [New Mexico 1612] T. 16 N., R. 11W., Sec. 34, N y .S W y .N y S E y , S E y S E y ; Sec. 26, S y . sec. 35, Nwy4,s y 2. NEW MEXICO T. 17 N., R. 11 W., r. 6 N., R. 28 E„ Notice of Proposed Classification Sec. 32, S y N W y . Sec. 1 to 18, inclusive; T. 16 N„ R. 12 W., Sec. 19, N y , Nyswy, SWySWy, Ny J une 22, 1967. Sec. 10, N W y; SEy, SEySEy; Pursuant to section 2 of the Act of Sec. 14, N W y ; Secs. 20 to 22, inclusive; September 19, 1964 (43 U.S.C. 1412), Sec. 32, SEy. Sec. 23, N y , S W y , N E y S E y , S y S E y ; T. 25 N., R. 12 W., notice is hereby given of a, proposal to Secs. 20, 29 and 32; Secs. 24 to 33, inclusive; classify the lands described below for Sec. 34, NyNEy, SEyNEy, NWy, NWy Sec. 33, SWyNWy, Swy, and SW ySEy. SWy, SEysw y, NEySEy, SySEy; disposal through exchange, under the T. 15 N„ R. 13 W., Sec. 35, N y , s y s w y , NEySEy, SySEy; Act of June 28, 1934 (48 Stat. 1269; 43 Sec. 2, lots 3,4, and S^NW <4. Sec. 36, All. U.S.C. 315g), as amended, for lands T. 16 N„ R. 13 W., T. 7 N., R. 28 E., within Torrance and Valencia Counties, Sec. 26, NW. T. 23 N„ R. 13 W., S ec.2, N y , Eysw y, SEy; N. Mex. Secs. 3 to 9, inclusive; Sec. 34, N y N E y , and E y N E y N W y . The District Advisory Board, local T. 6 N„ R. 14 W., Sec. 10, N y N E y , S W y N E y , w y2, S E y ; Sec. 28. Sec. 11, Ey, W ySW y; governmental officials and other in­ Sec. 12 to 36, inclusive. terested parties have been notified of T. 15 N„ R. 14 W., Sec. 18, S E y ; T. 8 N., R. 28 E., this application. Information derived from discussions and other sources in­ Sec. 28, S W y . Secs. 4 to 9, inclusive; T. 15 N„ R. 15 W., Sea 10, w y ; dicate that these lands meet the criterion Sec. 4, lots 1,2, 3, 4, S y N y , and SW y; Sec. 15, W yN E % , SEyNEy, Wy2, SEy; of 43 CFR 2410.1-3 (c) (4), which au­ Sec. 8, N y and S W y ; Secs. 16 to 22, inclusive; thorizes classification of lands “for ex­ Sec. 18, lots 1, 2, 3, 4, 5, N y N E y , and Sec. 26, N y, SW y, W ySEy, SEySEy; change under appropriate authority N E y N W y . Secs. 27 to 35, inclusive. where they are found to be chiefly valu­ T.9N..R.28 E., able for public purposes because they The areas described aggregate Secs. 28 to 33, inclusive. have special values, arising from the in­ 15,791.22 acres. W . J . Anderson, The public lands described above terest of exchange proponents, for ex­ change for other lands which we need State Director. aggregate approximately 173,590 acres. for the support of a Federal program.” [F.R. Doc. 67-7345; Filed, Ju n e 28, 1967; 4. As provided in paragraph 2, theInformation concerning the lands, in­ 8:46 a.m.] following described public lands, which cluding the record of public discussions, are a part of the lands described in para­ is available for inspection and study in [Serial No. TT-2932] graph 3, are further segregated from the Land Office, Bureau of Land Man­ appropriation under the general mining agement, U.S. Post Office and Federal UTAH laws: Building, Santa Fe, N. Mex.; Albuquer­ Notice of Proposed Classification of Mount Diablo Meridian, Nevada que District Office, 1304 Fourth Street Public Lands for Multiple Use Man­ T- 7 N., R. 26 E„ NW., Albuquerque, N. Mex. 87107, and agement Sec. 25, N E y S E y , S y S E y ; Socorro District Office, 200 Neel Avenue, 1. Pursuant to the Act of September Sec;36, N y N E y . Socorro, N. Mex. 87801. 19,1964 (78 Stat. 986; 43 U.S.C. 1411-18),

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 No. 125—P t I ---- 5 9242 NOTICES and to the regulations in Title 43 CFR, Director, Bureau of Land Management, W ill a m e tt e M e r id ia n Parts 2410 Mid 2411, it is proposed to Post Office Box 11505, Salt Lake City, COLVILLE NATIONAL FOREST classify for multiple use management Utah 84111. San Poil (Federal No. 19) Highway, Roadside tiie public lands within the area de­ 4. Maps depicting these lands are on Zone scribed below, together with any lands file and may be reviewed at the Bureau A strip of land 200 feet on each side of the therein that may become public lands of Land Management’s District Office at centerline of Federal Highway No. 19 through in the future. Publication of this notice Fillmore and the State Office, Federal the following legal subdivisions: Building, Salt Lake City, Utah. has the effect of segregating the de­ T. 35 N., R. 32 E„ scribed lands from appropriation only 5. A public hearing on the proposed Sec. 24, SE % SE *4; under the agricultural land laws (43 classification will be held on July 20, Sec. 25,Ei/2Ey2. U.S.C., Parts 7 and 9; 25 U.S.C. sec. 334), 1967 at 1 pm., in the Millard County T. 35 N., R. 33 E., and from sales under Section 2455 of the Courthouse, Fillmore, Utah. Sec. 19, lot 4; Sec. 30, lot 1; Revised Statutes as amended (43 U.S.C. R . D. N ielson, 1171). The lands shall remain open to State Director. Sec. 31, lot 4 and SE & SW ^. all other applicable forms of appropria­ Bodie Lookout Administrative Site tion, including the mining and mineral [P.R. Doc. 67-7346; Piled, June 28, 1967; 8:46 a.m.] T. 38 N., R. 32 E., leasing laws. As used herein, “public Sec. 6, lot 4. Beginning at a point from lands” means any lands withdrawn or which the fire lookout tower on Bodie reserved by Executive Order No. 6910 of [Oregon 1374 (Wash.) ] Mountain bears wèst, 5 chains, thence November 26,1934, as amended, or with­ south, 5 chains; west, 10 chains; north, in a grazing district established pur­ WASHINGTON 10 chains; east, 10 chains; south, 5 suant to the Act of June 28, 1934 (48 Notice of Proposed Withdrawal and chains, to point of beginning. Stat. 1269), as amended, which are not Reservation of Lands Republic-Kettle Falls (Federal No. 20) otherwise withdrawn or reserved for a Highway, Roadside Zone Federal use or purpose. J une 21,1967. A strip of land 200 feet on each side of the 2. The lands proposed to be classified The Department of Agriculture, on centerline of Federal Highway No. 20 through are those lands administered by the behalf of the Forest Service, has filed the following legal subdivisions: T. 36 N., R 33 E„ Bureau of Land Management within the application, OR 1374 (Wash.), for the Sec. 25,NW^NW&; following described area in Millard withdrawal of the lands described below, Sec. 26, N%NE%, and NE%NW%. County, Utah. from all forms of appropriation under Quartz Lookout Administrative Site Salt Lake Meridian, Utah the mining laws (30 U.S.C., Ch. 2), but not from leasing under the mineral leas­ T. 36 N., R. 33 E., Tps. 15-18 S., Rs. 9-20 W. ing laws. Sec. 34, SW14SW 14. Beginning at a point Tps. 19-22 S., Rs. 6-20 W. from which the fire lookout tower on Tps. 23-25 S., Rs. 7-20 W. The applicant desires the lands for Q uartz M ountain bears west, 5 chains, Tps. 26 S., Rs. 7-20 W., public recreation areas, roadside zones, thence south, 5 chains; west, 10 chains; Those portions of north tier of sections and fire lookout sites. north, 10 chains; east, 10 chains; south, (secs. 1-6 of each township) north of For a period of 30 days from the date 5 chains, to point of beginning. Millard-Beaver County line. T. 15 S., R. 5 W., of publication of this notice, all persons Barnaby Butte Lookout Administrative Site Secs. 3 to 9, 17 to 20, 29 to 32. who wish to submit comments, sugges­ T. 35 N„ R. 35 E., T. 15 S., R. 6W , tions, or objections in connection with Sec. 7, (unsurveyed) ; All of township. the proposed withdrawal may present Sec. 18, (unsurveyed). Beginning at a point T. 15 S., R. 7 W., their views in writing to the undersigned from which the fire lookout tower on Secs 1 to 6, 9 to 15, 22 to 26. officer of the Bureau of Land Manage­ Barnaby B u tte bears west, 5 chains, T. 15 S., R. 8 W., ment, Department of the Interior, 729 thence south, 5 chains; west, 10 chains; Secs. 1 to 23, 27 to 33. Northeast Oregon Street (Post Office north, 10 chains; east, 10 chains; south, T. 16 S., R. 5 W., 5 chains, to point of beginning. Secs. 5 to 8, 18, 19. Box 2965), Portland, Oreg. 97208. T. 16 S., R. 6 W., The authorized officer of the Bureau of Kettle Range Observation Site Secs 1 to 30. Land Management will undertake such T. 36N ..R . 35 E., T. 16 S., R. 8 W., investigations as are necessary to deter­ Sec. 19, (unsurveyed). Beginning at the Secs. 4 to 8, 17, 18, 19. 30, 31. mine the existing and potential demand junction where the existing observation T. 17 S., R. 8 W„ for the lands and their resources. He site road leaves Federal Highway No. 20 Secs. 6, 7, 8, 17 to 20, 29 to 33. will also undertake negotiations with the w hich is a point approximately 65 chains T. 18 S., R. 6 W., applicant agency with the view of adjust­ in an easterly direction from Sherman Secs. 13 to 36. ing the application to reduce the area Creek Pass, thence west, 5 chains; north, T. 18 S., R. 7 W., 6 chains; east, 20 chains; south, 6 chains; Secs. 13, 14, 15, 21 to 36. to the minimum essential to meet the west, 15 chains, to point of beginning. T. 18 S., R. 8 W., applicant’s needs, to provide for the Secs. 4 to 9, 16 to 22, 25 to 36. maximum concurrent utilization of the Twin Sisters Lookout Administrative Site T. 19 S., R. 5 W., lands for purposes other than the appli­ T. 37 N., R. 35 E., Secs. 6, 7, 18, 19, 30, 31. cant’s, to eliminate lands needed for Sec. 10, (unsurveyed). Beginning at a point T. 20 S., R. 5 W., purposes more essential than the appli­ from which the fire lookout tower on Secs. 5 to 8, 17 to 20, 29, 30, 31. cant’s, and to reach agreement on the Twin Sisters bears west, 5 chains, thence T. 23 S., R. 6 WT., south, 5 chains; west, 10 chains; north, Sec. 6. concurrent management of the lands and their resources. 10 chains; east, 10 chains; south, 5 T. 25 S., R. 6 W., chains, to point of beginning. Sec. 31. He will also prepare a report for con­ T. 26 S., R. 6 W., * sideration by the Secretary of the Inte­ Marble Lookout Administrative Site Sec. 6. rior who will determine whether or not T. 39 N., R. 35 E., The described area aggregates approxi­ the lands will be withdrawn as requested Sec. 4, (unsurveyed). Beginning at a point mately 2,929,000 acres of public domain by the applicant agency. from which the fire lookout tower on The determination of the Secretary on Marble M ountain bears west, 5 chains, land. thence south, 5 chains; west, 10 chains; 3. For a period of 60 days from thethe application will be published in the north, 10 chains; east, 10 chains; south, date of publication of this notice in the F ederal R egister. A separate notice will 5 chains, to point of beginning. F ederal R egister, all persons who wish be sent to each interested party of to submit comments, suggestions, or ob­ record. Canyon Creek Recreation Area jections in connection with the proposed If circumstances warrant it, a public T. 36 N., R. 36 E., classification may present their views in hearing will be held at a convenient time Sec. 35, sy2NE)4NE}4, and SE^NE^. writing to the District Manager, Bureau and place which will be announced. Davis Lake Recreation Area of Land Management, Post Office Box The lands involved in the application T. 37 N., R. 36 E., 778, Fillmore, Utah 84631, or to the State are: ■ Sec.3,N y2SE%NWV4-

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 NOTICES 9243 First Thought Lookout Administrative Site and statutory authority and subject to publication of notice of proposed action T. 39 N., R. 37 E., availability of appropriations. in the F ederal R egister on May 2, 1967 Sec. 7, NE*4SW%. Beginning at a point 2. General Supply Assistant. The Gen­ (32 F.R. 6739), the Atomic Energy Com­ from which the fire lookout tower on eral Supply Assistant may execute and mission has issued License No. XR-65 to First Thought Mountain bears west, 5 approve contracts not in excess of $5,000 General Electric Technical Services chains, thence south, 5 chains; west, 10 for supplies, equipment, or services in Co., Inc., a wholly owned subsidiary of chains; north, 10 chains; east, 10 chains; south, 5 chains, to point of beginning. conformity with applicable regulations the General Electric Co., authorizing the and statutory authority and subject to export of a 306,660 kilowatt electrical, Dominion Lookout Administrative Site and availability of appropriations. Picnic Area boiling water nuclear power reactor to 3. Great Onyx Job Corps Conservation the Japan Atomic Power Co., Tokyo, T. 36 N., R. 40 E., Center Director and Administrative Sec. 34, NE14. Beginning at a point from Officers. The Great Onyx Job Corps Con­ Japan. The export of this reactor to which the fire lookout tower on Do­ servation Center Director and Adminis­ Japan is within the scope of and consist­ minion Mountain bears west, 5 chains, ent with the terms of the present agree­ thence south, 5 chains; west, 10 chains; trative Officers may execute and approve north, 20 chains; east, 10 chains; south, contracts not in excess of $2,500 for sup­ ment for cooperation between the Gov­ 15 chains, to point of beginning. plies, equipment, or services in con­ ernments of the United States and formity with applicable regulations and Chetoelah Lookout Administrative Site statutory authority and subject to- avail­ Japan. T. 32 N., R .41E ., . ability of appropriations. Dated at Bethesda, Md., this 22d day Sec. 12, N%SE%. Beginning a t a point from 4. Revocation. This order supersedes of June 1967. which the fire lookout tower on Chewe- Order No. 3 and Amendment No. 1 there­ lah Mountain bears west, 5 chains, For the Atomic Energy Commission. thence south, 5 chains; west, 10 chains; to issued August 17, 1965 and January north, 10 chains; east, 10 chains; south, 12,1966, respectively. J ames R . M ason, 5 chains, to point of beginning. (National Park Service Order No. 34 (31 F.R. Acting Director, Division of Frater Lake Recreation Area 4255), as amended; 39 Stat. 535, 16 U.S.C. Sec. State and Licensee Relations. 2; Southeast Region Order No. 4 (31 F.R. [F.R. Doc. 67-7332; Filed, Ju n e 28, 1967; T. 36 N., R. 42 E., 3135)) 8:45 ajn .] Sec. 3, lots 1 and 2. Dated: June 5, 1967. Huckleberry Lookout Administrative Site J o h n A. A ttbtjchon, T. 38 N., R. 42 E., Superintendent, Sec. 29, Wy2SWi/4 ; DEPARTMENT OF AGRICULTURE Sec. 30, E ^ S E 1/4. Beginning at a point from Mammoth Cave National Park. which the fire lookout tower on Huckle­ [F.R. Doc. 67-7348; Filed, Ju n e 28, 1967; Office of the Secretary berry Mountain bears west, 5 chains, 8:46 a jn .] thence south, 5 chains; west, 10 chains; DIRECTOR, NATIONAL AGRICUL­ north, 10 chains; east, 10 chains; south, TURAL LIBRARY 5 chains, to point of beginning. Delegation of Authority To Make Crescent Lake Recreation Area ATOMIC ENERGY COMMISSION Grants for Research T.40N., R. 43 E., [Docket No. 50-208] Notice is hereby given that the Secre­ Sec. 12, E 1/2 NE % NE «4 SW %, and Wy2NW[4 TRUSTEES OF COLUMBIA UNIVERSITY n w & s e ^ . tary of Agriculture, pursuant to the au­ IN THE CITY OF NEW YORK LeClerc Creek Recreation Area thority vested in him by section 2 of the T. 36 N., R. 44 E., Notice of Extension of Completion Act of August 4, 1965 (7 U.S.C. 450b), Sec. 19, E&W&SW%NE}4, and Ey2SW% Date has, effective April 17, 1967, assigned to NE14. The Atomic Energy Commission has is­ the Director, National Agricultural Salmo Lookout A dm inistrative Site sued an Order extending to December Library, authority to make grants for re­ T. 40 N., R. 45 E„ 31,1967, the latest completion date speci­ search to further the programs of the De­ Sec. 16, S%NE^4 and N%SE%. Beginning fied in Construction Permit No. CPRR- partment of Agriculture. Nothing herein at a point from which the fire lookout 78 for construction of the TRIGA Mark shall preclude the Secretary of Agri­ tower on Salmo Mountain bears west, II type nuclear reactor being constructed 5 chains, thence south, 5 chains; west, on the University’s campus at Morning- culture from himself exercising the au­ 10 chains; north, 10 chains; east, 10 thority so delegated. chains; south, 5 chains, to point of side Heights, New York, N.Y. beginning. Copies of the order and of the applica­ Done at Washington, D.C., this 23d day tion by the Trustees of Columbia Univer­ of June 1967. The areas described aggregate 485.85 sity in the city of New York are available acres. for public ingpection at the Commission’s O rville L . F reeman, E rling A. O lso n , Public Document Room, 1717 H Street Secretary. Chief, Lands Adjudication Section. NW., Washington, D.C. [F.R. Doc. 67-7356; Filed, June 28, 1967; [F.R. Doc. 67-7347; Filed, Ju n e 28, 1967; Dated at Bethesda, Md., this 16th day 8:47 a jn .] 8:46 a.m.] of June 1967. For the Atomic Energy Commission. NEBRASKA National Park Service R oger S. B oyd, Designation and Extension of Areas [Order No. 4] Acting Director, for Emergency Loans Division of Reactor Licensing. ADMINISTRATIVE OFFICER ET A L, For the purpose of making emergency MAMMOTH CAVE NATIONAL [F.R. Doc. 67-7331; Filed, Ju n e 28, 1967; 8:45 ajn..] loans pursuant to section 321 of the Con­ PARK, KENTUCKY solidated Farmers Home Administration Delegation of Authority Regarding [Docket-No. 50-283] Act of 1961 (7 U.S.C. 1961), it has been Execution of Contracts for Supplies, GENERAL ELECTRIC TECHNICAL determined that in the hereinafter- Equipment, or Services SERVICES CO., INC. named counties in the State of Nebraska natural disasters have caused a need for 1. Administrative Officer. The Admin­ Notice of Issuance of Facility Export istrative Officer may execute and ap­ agricultural credit not readily available prove contracts not in excess of $10,000 License from commercial banks, cooperative for supplies, equipment, or services in Please take notice that no request for lending agenciesi or other responsible conformity with applicable regulations a hearing having been filed following sources.

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9244 NOTICES

Nebraska It also has been determined that in CURATORS OF UNIVERSITY OF B urt. Nemaha. the hereinafter-named counties in the MISSOURI Cass. Otoe. Cuming. Phelps. State of Nebraska natural disasters have Notice of Decision on Application for Dakota. Pierce. caused a continuing need for agricul­ Duty-Free Entry of Scientific Article Dodge. Scotts Bluff. tural credit not readily available from Hall. S tanton. The following is a decision on an ap­ Madison. T hurston. commercial banks, cooperative lending plication for duty free-entry of a scien­ Merrick. Wayne. agencies, or other responsible sources. tific article pursuant to section 6(c) of the Educational, Scientific, and Cultural Nebraska Original First extension Second extension Present Materials Importation Act of 1966 (Pub­ designation extension lic Law 89-651; 80 Stat. 897) and the regulations issued thereunder (32 F.R. Butler...... ~31 F.R. 11691...... 2433 et seq.). Chase...... 29 F.R. 11934...... 30 F.R. 7616 . 31 F.R. 7150. Colfax...... 31 F.R. 11691...... A copy of the record pertaining to this 31 F.R. 9690...... decision is available for public review Cage...... -...... 31 F.R. 10327...... 31 F.R. 9690...... during ordinary business hours of the 31 F.R. 10585.____ Department of Commerce, at the Office K eith ..-.-...... 29 F.R. 11934____ 30 F.R. 7616 . 31 F.R. 7150. Perkins__...... 29 F.R. 11934...... 30 F.R. 7616__ 31 F.R. 7150. of Scientific and Technical Equipment, Polk______31 F.R. 10585...... Department of Commerce, Room 5123, 31 F.R. 10585____ 31 F.R. 10928...... Washington, D.C. 20230. 31 F.R. 10585___ Docket No. 67-00027-75-21540. Appli­ 29 F.R. 11934...... 30 F.R. 7616 31 F.R. 5642-5643 31 F.R. 13921. ai p R Sfi42-«via cant: The Curators of the University of Sioux...... 29 F.R. 11934____ 30 F.R. 7616 31 F.R. 14958. Missouri, Columbia, Mo. 65201. Article: Specially designed Double (axis) Neu­ Pursuant to the authority set forth Regulations issued under cited Act, tron Diffractometer — Diffractometer above, emergency loans will not be made published in the February 4, 1967, issue Component Parts and Ancillary Equip­ in the above-named counties after June of the F ederal R eg ister, prescribe the ment. Manufacturer: Mitsubishi Electric 30, 1968, except to applicants who pre­ requirements applicable to comments. Corp., Japan. Intended use of article: viously received emergency or special A copy of each application is on file, Applicant states: livestock loan assistance and who can and may be examined during ordinary qualify under established policies and The Double Neutron Diffractometer will be Commerce Department business hours at used for instruction and research related procedures. the Office of Scientific and Technical thereto at the University of Missouri. When This designation shall become effec­ Equipment, Department of Commerce, installed at one port of our reactor, it will tive on the date this instrument is Room 5123, Washington, D.C. accept from the reactor a beam of neutrons signed, and this extension shall become A copy of each comment filed with the w hich will be diffracted by samples of solids, effective on June 30, 1967. liquids, or gases. From the diffraction pat­ Director of the Office of Scientific and terns so obtained we will undertake to deter­ Done at Washington, D.C., this 23d Technical Equipment must also be mailed mine many of the properties of matter, in­ day of June 1967. or delivered to the applicant, or its au­ cluding chemical structure, magnetic struc­ thorized agent, if any, to whose applica­ ture, and the thermal motions of atoms. O rville L. F reeman, tion the comment pertains; and the Secretary. comment filed with the Director must Comments: No comments were received with respect to this application Deci­ [F.R. Doc. 67-7357; Filed, Ju n e 28, 1967; certify that such copy has been mailed 8:47 a.m.] or delivered to the applicant. sion: Application approved. No instru­ ment or apparatus of equivalent scien­ Docket No. 67-00127-00-14200. Appli­ tific value to such article, for the pur­ cant: University of California, Lawrence poses for which such article is intended DEPARTMENT OF COMMERCE Radiation Laboratory, East End of to be used, is being manufactured in the Hearst Avenue, Berkeley, Calif. 94720. United States. Reasons: The double neu­ Business and Defense Services Article: Encoder, Heidenhain Type LID- tron diffractometer is a complex appa­ Administration 1 and Grating. Manufacturer: Optics ratus consisting of a number of major and Electronics, Inc., West Germany, components which must be made com­ UNIVERSITY OF CALIFORNIA, LAW­ intended use of article: These articles are patible with each other, assembled and RENCE RADIATION LABORATORY for use with the applicant’s Francken- adjusted to provide a functionally inte­ AND RESEARCH FOUNDATION OF stein Scanning Machines (automatic optical scanning devices). Application grated apparatus with the desired oper­ STATE UNIVERSITY OF NEW YORK received by Commissioner of Customs: ating characteristics and specifications. AT BUFFALO June 16, 1967. In the past, apparatus of this type has been built by research institutions which Notice of Applications for Duty-Free Docket No. 67-00128-33-43400. Appli­ purchased the various components from Entry of Scientific Articles cant: The Research Foundation of the State University of New York at Buffalo, different manufacturers. These were as­ The following are notices of the receipt 3435 Main Street, Buffalo, N.Y. 14214. sembled and adjusted by the research of applications for duty-free entry of Article: Micromanipulators, model Mark groups using the apparatus. Although scientific articles pursuant to section many of the components were supplied I and Microtools, model Mark I. Manu­ by domestic manufacturers, we know of 6(c) of the Educational, Scientific and facturer: Singer Instrument Co., Ltd., Cultural Materials Importation Act of no single domestic manufacturer willing 1966 (Public Law 89-651; 80 Stat. 897). United Kingdom, Intended use of article: and able to supply the apparatus as a Interested persons may present their Applicant states: whole. The responsibility for assembling views with respect to the question of Research—to isolate and study small ves­ the components and assuring compati­ whether an instrument or apparatus of sels particularly with respect to diabetes m ellitus. bility between them lay with the institu­ equivalent scientific value for the pur­ tions using the apparatus. Furthermore, poses for which the article is intended Application received by Commissioner of to be used is being manufactured in the Customs: June 20, 1967. the series of components available from United States. Such comments must be domestic manufacturers do not con­ filed in triplicate with the Director, Of­ C harley M . D e n to n , stitute a “reasonable combination of fice of Scientific and Technical Equip­ Director, Office of Scientific and Technical Equipment, domestic instruments” eligible for com­ ment, Business and Defense Services Ad­ parison with the foreign article within ministration, Washington, D.C. 20230, Business and Defense Services within 20 calendar days after date on Administration. the meaning of the term as used in Sec­ which this notice of application is pub­ [F.R. Doc. 67-7333; Filed, June 28, 1907; tion 602.1(e) of the regulations, since lished in the F ederal R egister. 8:45 a.m.] the integration of the components into FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 NOTICES 9245 a properly functioning apparatus re­ one being biological research. The re­ ness and Defense Services Administra­ quires an extensive variety of mechani­ search involves (1) developing and ap­ tion, Washington, D.C. 20230, within 20 cal and electronic skills to be available plying techniques for ultrahigh resolution calendar days after date on which this within a single institution. autoradiography; (2) the ultrastructure notice of application is published in the Charley H. D enton, of biomolecular materials at ultimate F ederal R egister. Director, Office of Scientific and resolution; and (3) using the instrument Regulations issued under cited Act, Technical Equipment, Busi­ in conjunction with a program to develop published in the February 4, 1967 issue ness and Defense Services new electron microscopes of even higher of the F ederal R egister, prescribe the Administration. resolution than now commercially avail­ requirements applicable to comments. able.” Application received by Commis­ [FJR. Doc. 67-7334; Filed, Ju n e 28, 1967; sioner of Customs:. June 13, 1967. A copy of each application is on file, 8:45 a.m.] and may be examined during ordinary Docket No. 67-00122-00-46040. Appli­ Commerce Department business hours cant: The Research Foundation of State at the Office of Scientific and Technical NORTH CAROLINA STATE UNIVERSITY University of New York, Upstate Medical Center, 766 Irving Avenue, Syracuse, Equipment, Department of Commerce, ET AL. N.Y. 13210. Article: Electron Microscope Room 5123, Washington, D.C. Accessory Model 171460 Shutter for A copy of each comment filed with the Notice of Applications for Duty-Free Director of the Office of Scientific and Entry of Scientific Articles applicant’s foreign made Electron Microscope. Manufacturer: Siemens Technical Equipment must also be mailed The following are notices of the receipt Aktiengesellschaft, West Germany. In­ or delivered to the applicant, or its au­ of applications for duty-free entry of tended use of article: The article will be thorized agent, if any, to whose applica­ scientific articles pursuant to section used to expose photoplates during opera­ tion the comment pertains; and the 6(c) of the Educational, Scientific and tion of the electron microscope. Appli­ comment filed with the Director must Cultural Materials Importation Act of cation received by Commissioner of certify that such copy has been mailed 1966 (Public Law 89-651; 80 Stat. 897). Customs: June 13, 1967. or delivered to the applicant. Interested persons may present their Docket No. 67-00123-00-46040. Appli­ Docket No. 67-00101-33-46500. Appli­ views with respect to the question of cant: Albany Medical College of Union cant: The Ohio State University, 190 whether an instrument or apparatus of University, 47 New Scotland Avenue, Al­ North Oval Drive, Columbus, Ohio 43210. equivalent scientific value for the pur­ bany, N.Y. 12208. Article: Electron Article: Ultramicrotome Reichert Model poses for which the article is intended Microscope Accessory Model 171460 Om U2. Manufacturer: C. Reichert to be used is being manufactured in the Shutter for applicant’s foreign made Optische Werke A.G., Austria. Intended United States. Such comments must be Electron Microscope. Manufacturer: Sie­ use of article: Applicant states: “The filed in triplicate with the Director, Of­ mens Aktiengesellschaft, West Germany. Reichert OmU2 Ultramicrotome will be fice of Scientific and Technical Equip­ Intended use of article: The article will used as an integral part of a biological- ment, Business and Defense Services Ad­ be used to expose photoplates during op­ medical research program involving ministration, Washington, D.C., 20230, eration of the electron microscope. Ap­ electron microscopy of blood and blood- within 20 calendar days after date on plication received by Commissioner of forming organs in health and dis­ which this notice of application is pub­ ease * * *. Research projects in which Customs: June 13, 1967. this instrument will become immediately lished in the F ederal R egister. Docket No. 67-00121-00-46040. Appli­ involved include : Regulations issued under cited Act, cant: Health Research, Inc., 666 Elm published in the February 4,“ 1967 issue Street, Buffalo, N.Y. 14203. Article: Elec­ A. Electron microscopy and electron of the F ederal R egister, prescribe the microscopic histochemistry of the cyto­ tron Microscope Accessory Model 171460 plasmic lysosomal granules in cells of the requirements applicable to comments. Shutter for applicant’s foreign made bone marrow in man, rabbit and cat. A copy of each application is on file, Electron Microscope. Manufacturer: Sie­ B. Electron microscopy of the lympho­ and may be examined during ordinary mens Aktiengesellschaft, West Germany. cytic cells of the lymph nodes during Commerce Department business hours Intended use of article: The article will embryonic-fetal development. at the Office of Scientific and Technical be used to expose photoplates during op­ C. Submicroscopic studies of the de­ Equipment, Department of Commerce, eration of the electron microscope. Ap­ veloping erythrocytic cells as related to Room 5123, Washington, D.C. plication received by Commissioner of their cellular origin and specialization A copy of each comment filed with the Customs: June 13, 1967. during maturation. Director of the Office of Scientific and Charley M. D enton, D. Electron microscopy of the em­ Technical Equipment must also be mailed Director, Office of Scientific and bryonic thymus. or delivered to the applicant, or its au­ Technical Equipment, Busi­ E. A study of unusual plasma cells in a thorized agent, if any, to whose applica­ ness and Defense Services patient with plasma cell leukemia.” tion the comment pertains; and the Administration. comment filed with the Director must Application received by Commissioner of {F.R. Doc. 67-7335; Filed, Ju n e 28, 1967; Customs: June 7, 1967. certify that such copy has been mailed 8:45 a.m.] or delivered to the applicant. Docket No. 67-00115-33-46500. Appli­ Docket No. 67-00111-00-46040. Appli­ cant: Baylor University College of Medi­ cant: North Carolina State University, OHIO STATE UNIVERSITY ET AL. cine, 1200 Moursund Avenue, Houston, Post Office Box 5935, Raleigh, N.C. 27607. Tex. 77025. Article: Ultramicrotome Article: Electron Microscope Accessory Notice of Applications for Duty-Free Model 8800A Ultrotome Hi. Manufac­ Entry of Scientific Articles turer: LKB-Produkter AB, Sweden. In­ Model 171460 Shutter for applicant’s for­ tended use of article: The article will be eign made Electron Microscope. Manu­ The following are notices of the receipt used with electron microscopes for in­ facturer : Siemens Aktiengesellschaft, of applications for duty-free entry of struction of students and scientific re­ West Germany. Intended use of article: scientific articles pursuant to section 6(c) search. Application received by Com­ The article will be used to expose photo­ of the Educational, Scientific and Cul­ plates during operation of the electron missioner of Customs: June 13, 1967 tural Materials Importation Act of 1966 Docket No. 67-00118-00-46040. Appli­ microscope. Application received by Com­ (Public Law 89-651; 80 Stat. 897). Inter­ missioner of Customs: June 13, 1967. cant: The University of Chicago, 5801 ested persons may present their views South Ellis Avenue, Chicago, HI. 60637. Docket No. 67-00112-33-46040. Appli­ with respect to the question of whether Article: Special objective lens power cant: Cornell University, Ithaca, N.Y. an instrument or apparatus of equiva­ supply and control panel for HU-200 ob­ 14850. Article: Electron Microscope lent scientific value for the purposes for jective lens and special HU-200 (200KV) Model Norelco EM 300. Manufacturer: which the article is intended to be used objective-intermediate lens assembly, Philips Electronic Instruments, The is being manufactured in the United objective and field limiting aperture as­ Netherlands. Intended use of article: Ap­ States. Such comments must be filed in sembly, objective stigmator specimen plicant states: “The instrument is to be triplicate with the Director, Office of Sci­ stage control aims and etc. Manufac­ used for several purposes. The primary entific and Technical Equipment, Busi­ turer: Hitachi, Ltd., Japan. Intended

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9246 NOTICES use of Article : Applicant states: “They Hong Kong, Respondent; File No. 23 forthwith to the Bureau of International are necessary for experimentation with (66) -14. Commerce for cancellation. biological specimens, perfecting high The Director, Investigations Division, H. The respondent, its successors, resolution techniques, at cryogenic tem­ Office of Export Control, Bureau of In­ representatives, agents, and employees peratures.” Application received by ternational Commerce, U.S. Department hereby are denied all privileges of par­ Commissioner of Customs: June 13,1967. of Commerce, has applied for an order ticipating, directly or indirectly, in any Charley M . D e n t o n , denying to the above-named respondent manner or capacity, in any transaction Director, Office of Scientific all export privileges for an indefinite pe­ involving commodities or technical data and Technical Equipment, riod because the said respondent, without exported from the United States in whole Business and Defense Serv­ good cause being shown, failed to furnish or in part, or to be exported, or which ices Administration. answers' to interrogatories, failed to fur­ are otherwise subject to the Export nish certain records and other writings Regulations. Without limitation of the [FJR. Doc. 67-7336; Filed, Ju n e 28, 1967; specifically requested, and failed to make generality of the foregoing, participa­ 8:45 aon.] available for inspection certain specific tion prohibited in any such transaction, commodities exported to it from the either in the United States or abroad, UNIVERSITY OF OREGON MEDICAL United States. This application was made shall include participation, directly or SCHOOL pursuant to § 382.15 of the Export Regu­ indirectly, in any manner or capacity: lations (Title 15, Chapter III, Subchapter (a) As a party or as a representative of a Notice of Decision on Application for B, Code of Federal Regulations). party to any validated export license ap­ Duty-Free Entry of Scientific Articles In accordance with the usual practice, plication; (b) in the preparation or fil­ The following is a decision on an appli­ the application for an Indefinite Denial ing of any export license application or cation for duty-free entry of a scientific Order was referred to the Compliance reexportation authorization, or any article pursuant to section 6(c) of the Commissioner, Bureau of International document to be submitted therewith; Educational, Scientific, and Cultural Ma­ Commerce, who after consideration of (c) in the obtaining or using of any terials Importation Act of 1966 (Public the evidence has recommended that the validated or general export license or Law 89-65lj 80 Stat. 897) and the regula­ application be granted. The report of the other export-control document; (d) in tions issued thereunder (32 F.R. 2433 Compliance Commissioner and the evi­ the carrying on of negotiations with et seq.). dence in support of the application have respect to, or in the receiving, ordering, A copy of the record pertaining to this been considered. buying, selling, delivering, storing, using, decision is available for public review The evidence presented shows that or disposing of any commodities or tech­ during ordinary business hours of the respondent, The New World Ltd., is a nical data in whole or in part exported Department of Commerce, at the Office limited liability company with a place of or to be exported from the United States; of Scientific and Technical Equipment, business in Hong Kong; the company is and (e) in the financing, forwarding, Department of Commerce, Room 5123, an importer of fine chemicals, surgical transporting, or other servicing of such Washington, D.C. 20230. equipment, and other commodities; in commodities or technical data. Docket No. 67-00047-33-72000. Appli­ the period from January 1965, through m. Such denial of export privileges cant : University of Oregon Medical June 1965, the respondent is known to shall extend not only to the respondent, School, 3181 Southwest Sam Jackson have received under validated licenses but also to its agents, employees, repre­ Park Road, Portland, Oreg. 97201. from suppliers in the United States, five sentatives, and partners and to any other Article: Weissenberg Rheogoniometer, shipments of commodities for ultimate person, firm, corporation, or business Model R. 17 with ancillary equipment. destination Hong Kong. The said In­ organization with which the respondent Manufacturer: Farol Research Engi­ vestigations Division is conducting an in­ now or hereafter may be related by neers, Ltd., United Kingdom. Intended vestigation into the disposition of said affiliation, ownership, control, position of use of article: Applicant states: commodities by said respondent to as­ responsibility, or other connection in the The instrument will be used as a research certain whether they have been reex­ conduct of trade or services connected tool for studying the flow properties of blood ported to unauthorized destinations or therewith. and red blood cell suspensions, and also as a traded in violation of the U.S. Export IV. This order shall remain in effect demonstration and instruction instrument Regulations. It is impracticable to sub­ until the respondent provides responsive for graduate students. poena the respondent, and relevant and. answers, written information and docu­ Comments: No comments have been re­ material interrogatories relating to its ments in response to the interrogatories ceived from domestic firms. Decision: disposition of said commodities were heretofore served upon it and makes Application approved. No instrument or served on it pursuant to 5 382.15 of the available for inspection the commodities apparatus of equivalent scientific value Export Regulations. The respondent also, specified, or gives adequate reasons for to such article, for the purpose for which pursuant to said section, was requested failure to do so, except insofar as this such article is intended to be used, is to furnish certain specific documents re­ order may be amended or modified here­ being manufactured in the United States. lating to the disposition of said com­ after in accordance with the Export Reasons: No commercial instrument modities and, if said commodities were Regulations. manufactured in the United States is still in its possession, to make them avail­ V. No person, firm, corporation, part­ known to be capable of measuring normal able for inspection. Said respondent has nership, or other business organization, stress as well as velocity as a function of failed to furnish responsive answers to whether in the United States or else­ rate of shear. said interrogatories, to furnish the doc­ where, without prior disclosure to and uments requested, or to make said com­ specific authorization from the Bureau C harley M . D en to n , modities available for inspection as re­ of International Commerce, shall do any Director, Office of Scientific and quired by said section, and it has not of the following acts, directly or indi­ Technical Equipment, Busi­ shown good cause for such failure. I rectly, or carry on negotiations with ness and Defense Services find that an order denying export priv­ respect thereto, in any manner or ca­ Administration. ileges to said respondent for an indefi­ pacity, on behalf of or in any associa­ [F.R. Doc. 67-7337; Filed, Ju n e 28, 1967; nite period may properly be entered tion with the respondent or any related 8:45 a.m.] under § 382.15 of the Export Regulations party, or whereby the respondent or re­ and that such an order is reasonably lated party may obtain any benefit Bureau of International Commerce necessary to protect the public interest therefrom or have any interest or par­ and to achieve effective enforcement of ticipation therein, directly or indirectly : [File No. 23 (66)-14] the Export Control Act of 1949, as (a) Apply for, obtain, transfer, or use NEW WORLD LTD. amended. any license, Shipper’s Export Declara­ Accordingly, it is hereby ordered: tion, bill of lading, or other export con­ Order Denying Export Privileges for I. All outstanding validated export li­trol document relating to any exporta­ Indefinite Period censes in which respondent appears or tion, reexportation, transshipment, or In the matter of the New World Ltd., participates in any manner or capacity diversion of any commodity or technical Yu To Sang Building, 37 Queens Road C., are hereby revoked and shall be returned data exported or to be exported from

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 NOTICES 9247 the United States, by, to, or for any such portation, is hereby authorized to exer­ joint enforcement through an industry respondent or related party denied ex­ cise the functions, powers, and duties of organization. Petitioner states that such port privileges; or (b) order, buy, receive, the Secretary of Transportation under discussions and solution of problems ap­ use, sell, deliver, store, dispose of, for­ the Act of September 7, 1957, as amend­ pear urgent because of serious shipper ward, transport, finance, or otherwise ed (71 stat. 629;' 49 U.S.C. 1324 note) delinquency in paying carriers, and cites service or participate in any exportation, and section 6(a) (3) (A) of the Depart­ the substantial indebtedness revealed in reexportation, transshipment, or diver­ ment of Transportation Act (P.L. 89-67j0, Docket 18170 (In the Matter of the Ap­ sion of any commodity or technical data 49 U.S.C. 1655(a)(3)(A)), relating to plication of Air Express International exported or to be exported from the guaranties of private loans for the pur­ Corp. and Wings and Wheels Express, United States. chase of aircraft. Inc., for Exemption From Sections 408 VI. A copy of this order shall be served This delegation becomes effective on and 409 of the Federal Aviation Act of on respondent. June 21,1967. 1958, as amended). VII. In accordance with the provisions This delegation is made under the Tiger states that the existing carrier of § 382.15 of the Export Regulations, authority of section 9(e) (2) of the De­ discussions on accessorial cargo services the respondent may move at any time to partment of Transportation Act (P.L. in Docket 17167 would be an appropriate vacate or modify this Indefinite Denial 89-670, 49 U.S.C. 1657(e)(2). and convenient forum for the proposed discussions on credit, billing, and collec­ Order by filing with the Compliance A lan S. B oyd, Commissioner, Bureau of International Secretary of Transportation. tion practices. Eastern Air Lines, Inc., Commerce, U.S. - Department of Com­ supports Tiger’s petition, while no other merce, Washington, D.C. 20230, an ap­ [P.R. Doc. 67-7400; Piled, June 28, 1967; person has formally indicated any other propriate motion for relief, supported by 8:49 a.m.] view. substantial evidence, and may also re­ The Board notes that some of the di­ quest an oral hearing thereon, which, if rect air carriers are parties to Agree­ requested shall be held before the Com­ ment CAB 6150-A32, supra, while some pliance Commissioner at Washington, CIVIL AERONAUTICS BOARD are not. The Board will deny the request D.C., at the earliest convenient date. [Docket No. 18694] to expand the present accessorial serv­ This order shall become effective on AEROLINEAS ARGENTINAS ices discussions in Docket 17167 to in­ June 26,1967. clude this new matter, since (1) credit, Dated: June 21,1967. Notice of Prehearing Conference billing, and collection practices are a Application for amendment of its for­ more basic and fundamental function R auer H . M ey er, than the usual accessorial service; and Director, eign air carrier permit for authority to (2) such inclusion would delay resolu­ Office of Export Control. engage in foreign air transportation with respect to persons, property, and mail, tion of the former matters. In lieu [F.R. Doc. 67-7338; Piled, Ju n e 28, 1967; between a point or points in Argentina, thereof, the Board will approve a new 8:45 a.m.] the intermediate points Santiago, and and separate discussion proceeding Antofagasta, Chile; La Paz, Bolivia; limited to air freight credit, billing, and Lima, Peru; Guayaquil, Ecuador; and collection practices. The industry, both DEPARTMENT OF Panama City, Panama, and the terminal direct and indirect air carriers, has point Miami, Fla. reached the stage of development where the criteria for the extension of air TRANSPORTATION Notice is hereby given that a prehear­ freight credit, and the billing and col­ ing conference on the above-entitled ap­ Federal Aviation Administration lection practices, should be administered plication is assigned to be held on July 11, on a reasonable and uniform basis. AIR TRAFFIC CONTROL TOWER AT 1967, at 10 a.m., e.d.s.t., in Room 1027, Universal Building, 182^ Connecticut In addition, discussion might lead to MIDDLETOWN, PENNSYLVANIA Avenue NW., Washington, D.C., before the opening of the airlines’ clearing Notice of Establishment Examiner Joseph L. Fitzmaurice. house to forwarders and shippers, or the use of various bank or other similar pay­ Notice is hereby given that on or about Dated at Washington, D.C., June 23, ment plans, and thereby substantially July 1,1967, the Air Traffic Control Tower 1967. stabilize the credit criteria and mini­ at Middletown, Pa., will be established to [ seal] F rancis W . B r o w n , mize the collection delinquency prob­ serve civil and residual military aircraft Chief Examiner. lems. The Board will expect the carriers of the former Olmsted Air Force Base. to give these possibilities serious con­ Formerly this facility was used only [P.R. Doc. 67-7381; Piled, Ju n e 28, 1967; 8:48 a.m.] sideration and study. for military aircraft. Communication to As in similar instances of carrier dis­ the facility should be addressed as cussions (Docket 17167, supra), the follows: [Docket No. 18720; Order No. E-25340] Board believes that the carriers should Air Traffic Control Tower, Federal Aviation AIR CARRIER DISCUSSIONS be exposed to shipper/forwarder views Administration, M iddletown, Pa. 17057. during the course of their discussions This action is taken under the author­ Order Regarding Air Freight Credit, and prior to the conclusion of any final ity of secs. 307 and 313 of the Federal Billing, and Collection Practices agreement. Aviation Act of 1958 (49 U.S.C. 1348, The Board concludes that the request, 1354). Adopted by the Civil Aeronautics Board at its office in Washington, D.C., as conditioned, should be granted, and Issued in New York, N.Y., on June 14, on the 23d day of June 1967. will authorize such discussions for a 1967. By petition filed March 24, 1967, The period of 120 days. As in the past, the O scar B akke, Flying Tiger Line Inc. (Tiger) requests Board will also condition its approval Director, Eastern Region. to permit the attendance of Board ob­ the Board to authorize expansion of the servers. [F.R. Doc. 67-7368; Piled, June 28, 1967; present carrier discussions of accessorial 8:47 a.m.] cargo services1 to encompass reappraisal Accordingly, pursuant to the Federal of tiie present credit regulations,2 includ­ Aviation Act of 1958, and particularly ing the billing and collection cycles and sections 204(a), 412, and 414 thereof. Office of the Secretary the possibilities of uniform rules and It is ordered, That: ASSISTANT SECRETARY FOR POLICY 1. All U.S. certificated route air car­ riers engaged in interstate or overseas DEVELOPMENT 1 Order E-24599 dated Jan. 3, 1967, Docket 17167, extended to Ju ly 31, 1967, by Order air transportation are authorized for a delegation of Authority With Respect E-25146 dated May 15, 1967. period of 120 days from the date of this to Guaranteed Loans for Aircraft * Agreement CAB 6150—A32, on billing and order to engage in discussions with re­ collection periods, approved Sept. 4, 1962 by spect to air freight credit, billing, and The Assistant Secretary for Policy Order E-18769, is in effect on behalf of 25 collection practices in interstate or over­ Development, U.S. Department of Trans­ direct air carriers. seas air transportation;

FEDERAL REGISTER, VOL 32, NO. 125— THURSDAY, JUNE 29, 1967 9248 NOTICES 2. A notice of any meeting called pur­ land as the terminal point San Francisco- will not, however, include in this proceed­ suant to this order to be attended by Oakland-San Jose. ing any issue of amending West Coast’s direct air carriers only, and an agenda T rans W orld Airlines, Inc.—R oute 2, re­ certificate. Permitting West Coast access of matters to be discussed, shall be filed designate the terminal point San Francisco to San Jose could result in future compe­ as San Francisco-San Jose. tition with Pacific and an increase in with the Board in this docket at least United Air Lines, Inc.—Route 1, redesignate 5 calendar days in advance; the terminal point San Francisco as San the subsidy requirements of both car­ 3. A notice of any meeting called pur­ Francisco-San Jose on Segment 4, and' the riers. In addition, we will restrict the suant to this order to be attended by intermediate point San Francisco as San issues in such a manner as to prohibit both direct air carriers and shippers (in­ Francisco-San Jose on Segments 5 and 7; single-plane service through the San cluding indirect air carriers), and an R oute 118, redesignate th e coterm inal points Jose airport in the following Pacific mar­ San Francisco and Los Angeles as San Fran- kets: Las Vegas, Los Angeles, Fresno, agenda of matters to be discussed, shall cisco-San Jose and Los Angeles. be filed with the Board in this docket Bakersfield, Reno, Portland, Santa Bar­ Western Air Lines, Inc.—Route 35, redes­ bara, San Diego, Monterey, Sacramento, at least 15 calendar days in advance; ignate the coterminal points San Francisco and Stockton. Competition in these Pa­ 4. All meeting notices and agendas and Oakland as San Francisco-San Jose and cific markets would not in our judgment shall also be mailed to shippers and in­ Oakland; Route 63, redesignate the inter­ mediate point San Francisco as San Fran­ be warranted in the light of the fact that direct air carriers with such notice to in­ Pacific’s services are subsidized and the clude an invitation to submit comments cisco-San Jose. West Coast Airlines, Inc.—Route 77, redes­ carrier is encountering increased com­ upon the agenda matters and to request ignate the coterminal points Oakland and petition from intra-California carriers. appointments for personal appearances San Francisco as Oakland and San Fran- We have also tentatively determined to at the carriers’ meetings; cdsco-San Jose. prohibit single-plane service between 5. The Board reserves the right to On the same day, San Jose filed a San Jose and Seattle by the carriers now have one or more observers in attend­ petition requesting the Board to issue an- operating between Seattle and San Fran­ ance at all meetings of the carriers; order to show cause why its application, cisco. The Board wishes to retain maxi­ 6. Complete and accurate minutes Docket 18351, should not be granted. mum flexibility in dealing with services shall be kept of all meetings and a true In support of its petition, San Jose in this market in view of pending appli­ copy thereof filed with the Board not alleges, inter alia, that: San Jose is an cations by local service carriers. later than 15 days (excluding Saturdays integral part of the Bay Area and is For the reasons set forth below, we and Sundays) after the conclusion of the center of the fastest growing region tentatively find and conclude that the each meeting; of the entire Bay Area; San Jose has public convenience and necessity require 7. Any agreement or agreements attained significant status as a major the amendment of the certificates of reached as a result of such discussions metropolitan center in the overall Bay those air carriers indicated above so as shall be filed with the Board in accord­ Area complex; San Jose has historically to designate San Jose as a hyphenated ance with section 412 of the Act and generated a large proportion of San point with San Francisco or with San approved by the Board prior to being Francisco O&D traffic and more than 20 Francisco and Oakland as the case may placed into effect; and percent of the passengers using other be. 8. The petition of The Flying Tiger area airports are actually San Jose- San Jose is an integral part of the Bay Line Inc., in Dockets 17160 and 17167 Santa Clara County origin and destina­ Area and is one-of the major metro­ is denied in all other respects. tion passengers; with the status of a politan centers of that area. San Jose This order will be published in the hyphenated point, air carriers at their is the center of the fastest growing re­ discretion will be able to serve San Jose gion of the entire Bay Area and the F ederal R eg ister. directly responsive to operational and growth has been of an urban character. By the Civil Aeronautics Board. traffic requirements in the overall Bay It appears from the data submitted by [ seal] M abel M cC art, Area; the requested redesignation will San Jose that more than 20 percent of Acting Secretary. encourage further growth by permitting the passengers using other Bay Area air­ air carriers certificated in the Bay Area ports are actually San Jose-Santa Clara [F.R. Doc. 67-7382; Filed, June 28, 1967; to add San Jose to their advertising and County origin and destination passen­ 8:48 a.m.] promotion and show it as a part of their gers. We think that grant of hyphenated schedules and tariffs as a point to which point status to San Jose will accord to [Docket No. 18351; Order No. E-25346] daily service is available; moreover, that city proper recognition of this sig­ hyphenated status is important to San nificant traffic generation. CITY OF SAN JOSE, CALIF. Jose in terms of the future planning and We tentatively find that the redesigna­ Order To Show Cause development of its entire airport com­ tion requested by San Jose will reflect plex. Pacific Air Lines, Inc., has been the major traffic flows presently gen­ Adopted by the Civil Aeronautics certificated to serve San Jose since 1949 erated by San Jose through the other Bay Board at its office in Washington, D.C., and is the only air carrier authorized to Area airports; and will permit the air on the 23d day of June 1967. serve San Jose through the San Jose carriers certificated to the other Bay Application of The City of San Jose, Airport. Area airports to add San Jose to their Calif., for amendments of certificates of Answers to San Jose’s petition were advertising and promotion and show it certain named air carriers so as to des­ filed by American Airlines, Inc., Delta as part of their schedules and tariffs as ignate San Jose as a hyphenated point Airlines, Inc., United Air Lines, Inc., a point to which service is available. Hy­ with San Francisco; Docket No. 18351. Western Air Lines, Inc., and San Fran­ phenated point status will afford the car­ On March 30, 1967, the City of San cisco & Oakland Helicopter Airlines, riers the operating flexibility which may Jose, Calif., filed an application request­ Inc.1 The carriers filing answers do not be desirable now and which will almost ing the amendment of the certificates of object to grant of San Jose’s petition. certainly be required in the future as public convenience and necessity of the The Board has decided to institute a the growth of the area continues. More­ following air carriers so as to designate proceeding pursuant to section 401(g) of over, permitting the carriers to show San San Jose as a hyphenated point with the Act to determine whether the public Jose in their advertising and schedules San Francisco. The amendments re­ convenience and necessity require, and will result in benefits both to the carriers quested are as follows: the Board should order, the amendment and the traveling public. American Airlines, Inc.—Routes 4, 7, and of American’s certificates for Routes 4, In granting interested persons the op­ 25, redesignate the coterminal points San 7, 25; Delta’s certificate for Route 24; portunity to show why our tentative Francisco and Oakland as the coterminal National’s certificate for Route 39; findings and conclusions should not be points San Francisco-San Jose and Oakland. TWA’s certificate for Route 2; United’s adopted, we expect such persons to direct Delta Air Lines, Inc.—Route 24, redesig­ certificates for Routes 1 and 118; West­ their objections, if any, to specific mar­ nate the terminal point San Francisco- kets and to support such objections with Oakland as the terminal point San Fran- ern’s certificate for Routes 35 and 63. We cisco-Oakland-San Jose. detailed 'answers, specifically setting National Airlines, Inc.—Route 39, redesig­ 1 We will consider Western’s late filed forth the tentative findings and conclu­ nate the terminal point San Francisco-Oak - answer. sions to which objection is taken. Such

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 NOTICES 9249 objection should be accompanied by other evidence expected to be relied upon Rr-38 Commodity Item 8426 arguments of fact or law and should be to support the stated obiections; Motion picture film, including advertising supported by legal precedent or detailed 5. If timely and properly supported material appertaining thereto. economic analysis. General, vague and objections are filed, full consideration 209 cents per kg., minimum weight 45 kgs. unsupported objections will not be will be accorded the matters or issues 199 cents per kg., minimum weight 300 kgs. entertained. raised by the objections before further New York to Dhahran. Accordingly,, it is ordered, That: action is taken by the Board;2 - The Board, acting pursuant to sec­ 1. A proceeding be and it hereby is 6. In the event no objections are filed, tions 102, 204(a), and 412 of the Act, instituted in Docket 18351 pursuant to all further procedural steps will be does not find the subject agreement to be section 401 (g) of the Aet, to determine deemed to have been waived, and the adverse to the public interest or in vio­ whether the public convenience and ne­ case will be submitted to the Board for lation of the Act, provided that approval cessity require, and the Board should final action; and thereof is conditioned as hereinafter order, the amendment of the certificates 7. A copy of this order shall be served ordered. of public convenience and necessity upon the following persons who are here­ Accordingly, it is ordered, That: held by American Airlines, Inc., for by made parties to this proceeding: Agreement CAB 19276, R-3T and R-38, Routes 4, 7, and 25 ; Delta Air Lines, Inc., American Airlines, Inc., Delta Air Lines, be approved, provided that approval for Route 24; National Airlines, Inc., for Inc., National Airlines, Inc., Trans World shall not constitute approval of the spe­ Route 39; Trans World Airlines, Inc., for Airlines, Inc., United Air Lines, Inc., cific commodity descriptions contained Route 2;: United Air Lines, Inc., for Western Air Lines, Inc., West Coast Air­ therein for purposes of tariff publication. Routes 1 and 118; Western Air Lines, lines, Inc., San Francisco & Oakland Any air carrier party to the agree­ Inc., for Routes 35 and 63; as follows: Helicopter Airlines, Inc., Pacific Air ment, or any interested person, may, American Airlines, Inc.—Routes 4, 7, and Lines, Inc., and the city of San Jose, within 15 days from the date of service 25,. redesignate the coterminal points San Calif. of this order, submit statements in writ­ Francisco and Oakland as the coterminal ing containing reasons deemed appro­ points San Fr ancisc o-San Jose and Oakland. This order will be published in the Delta Air Lines,. Inc.?—Route 24, redesig­ F ederal R eg ister. priate, together with supporting data, in nate the terminal point San Francisco- By the Civil Aeronautics Board. support of or in opposition to the Board’s Oakland as the terminal point S&n Francisco- action herein. An original and nineteen Oakland-San Jose. [ seal] M abel M cC art, copies of the statements should be filed National Airlines, Inc.-—Route 39, redesig­ Acting Secretary. with the Board’s Docket Section. The nates; the terminal point San Francisco- Board may, upon consideration of any Oakland as the terminal point San Francisco- [F.R. Doc. 67-7383; Filed, June 28, 1967; Oakland-San Jose.. 8:48 am .] such statements filed, modify or rescind Trans World Airlines, Inc.—Route 2, redes­ its action herein by subsequent order. ignate the terminal point San Francisco as [Docket No. 16236; Order No. E-25344] This order will be published in the San Francisco-San Jose. F ederal R egister. Uhited Air Lines, Inc.—Route I, redesig­ INTERNATIONAL AIR TRANSPORT nate the terminal point San Francisco as By the Civil Aeronautics Board. San Francisco-San Jose on Segment 4, and ASSOCIATION [seal] M abel M cC art, the intermediate point San Francisco as Order Regarding Specific Commodify San Francisco-San Jose on Segments 5 and Acting Secretaryt 7; Route 118, redesignate th e coterm inal Rates [F.R. Doc. 67-7384; Filed, Ju n e 28, 1967; points San Francisco and Los Angeles as 8:48 a m .] San Francisco-San Jose and Los Angeles. Adopted by the Civil Aeronautics Western Air Lines, Inc.—Route 35, redesig­ Board at its office in Washington, D.C., nate the coterminal points San Francisco and on the 23d day of June,. 1967. Oakland as San FTancisco-San Jose and An agreement has been filed with the FEDERAL COMMUNICATIONS Oakland? R oute 63, redesignate th e in te r­ Board, pursuant to section 412(a) of the mediate; p oint San Francisco as San Federal Aviation Act of 1958 (the Act) Francisco-San Jose. COMMISSION and Part 261 of the Board’s Economic [Docket Nos. 17357-17359; FOC 67M-1051] 2. Any service operated pursuant to an Regulations, between various air carriers, award in this proceeding shall be sub­ AKRON TELERAMA, INC., ET AL. ject to a restriction prohibiting single- foreign air carriers, and other carriers, plane: service through the San Jose Air­ embodied in the resolutions of Joint Con­ Statement and Order Governing port in the following San Jose markets; ference 1-2 of the International Air Hearing Seattle, Las Vegas, Los Angeles, Fresno, Transport Association (LATA), and In re petitions by Akron Telerama, Bakersfield, Reno, Portland* Santa Bar­ adopted pursuant to the provisions of Inc., Akron, Ohio, Docket No. 17357, File bara, San. Diego, Monterey, Sacramento, No. CATV 100-16; Armstrong Utilities, and Stockton; Resolution 590 dealing with specific com­ modity rates. Inc., Orrville and Rittman, Ohio, File No. 3. That all interested parties are di­ CATV 100-52; Lorain Cable TV, Inc., rected to show cause why the Board The agreement, adopted pursuant to Lorain, Ohio, Docket No. 17358, File No. should not issue an order making final unprotested notices to the carriers and CATV 100-128; Telerama, Inc., Cleveland the tentative findings and conclusions promulgated in an IATA letter dated Heights, Richmond Heights, South stated herein and issue at an appropriate June 15,1967,1 extends the validity of the Euclid, Beachwood, Oakwood’, East time to those carriers designated in or­ Cleveland, Garfield Heights, Euclid, dering: paragraph (11 herein amended presently effective specific commodity rates set forth below. Highland Heights, University Heights, certificates of public convenience and Bedford Heights, Maple Heights, Lynd- necessity as described in ordering para­ R-37 Commodity Item 4400 hurst, Bedford, and North Randall; also graph (1) herein and subject to the re­ Electrical equipment, excluding machinery. Shaker Heights, Warrensville Heights, striction set forth in ordering paragraph 199 cents per kg., minimum weight 100 kgs. and Warrensville Town s h i p , Ohio, (2) herein; 188 cents per kg, minimum weight 200 kgs. Docket No. 17359, File No. CATV 4. Any interested persons having ob­ 183 cents per kg., minimum weight 500 kgs. 100-146; Clear Pictures, Inc., Wooster, jection to the issuance of an order mak­ New York to Dhahran. Ohio, File No. CATV 100-157; for au­ ing final the proposed findings, conclu­ thority pursuant to § 74.1107 of the rules sions: and certificate amendments set to operate CATV systems in the Cleve­ forth herein shall, within 20 days after 2 All motions and/or petitions for recon­ land Television Market. service of a copy of this order, file with sideration shall be filed within the period allowed for filing objections and no further At a prehearing conference held on the Board and serve upon all persons such motions, requests or petitions for re­ June 12,, 1967, it was established that made parties to this proceeding a state­ consideration of this order will be enter­ there would be a further conference on ment of objections together with a sum­ tained'. June 26. It was also agreed that the mary of testimony, statistical data and 1 Received in the Board June 19, 1967. hearing would commence on July 17, as-

No. 125—Pt. I- FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9250 NOTICES Burning that certain difficulties of proof tioners), requesting addition of five Issues mmhos/m. Both showings depict an could be overcome. relating to the qualifications of Shawnee overlap of the WCAR 0.05 mv/m con­ At the request of one of the parties all Broadcasting Co, (Shawnee).1 tour with Shawnee’s 1.0 mv/m contour. counsel met informally with the hearing Section 73.37 of the rules. 2. Peti­ Shawnee, in its opposition, submitted examiner on June 20, 1967, and further tioners first request an issue to deter­ measurements taken in March and discussions were held regarding the pro­ mine whether Shawnee’s proposal con­ April, 1967, on three radials, and evalu­ posed schedule. For reasons which need travenes § 73.37 of the rules, urging spe­ ated tiie terminal conductivity as 9 not be discussed at length, it was decided cifically that it does not comply with the mmhos/m on the 124°radial, 8 mmhos/m that no purpose would be served by exception contained in § 73.37(b) (2) of on the 119° stub radial, and 10 mmhos/m holding the further conference on the rules.’ In support of its request, on the 129° stub radial. Shawnee’s show­ June 26. It was decided, however, with petitioners contend that although ing depicts a minimum separation of ap­ the apparent concurrence of all parties Shawnee attempted to show in its ap­ proximately 3 miles between the WCAR that the hearing would be commenced plication that its proposed 1 mv/m 0.05 mv/m contour and Shawnee’s 1.0 on Friday, July 21, 1967. The evidence to contour would not overlap the 0.05 mv/m contour. Possible explanations for be submitted on this date, however, will mv/m contour of Station WCAR, De­ the differences in the showings have been be limited in scope and will relate only troit, Mich., measurements petitioners advanced, including errors in plotting to Issue No. 4 and to that part of Issue have taken (submitted with their re­ measurement locations and the effect of No. 1 which relates to present penetra­ quest) show that there would be a sub­ seasonal or weather differences. Our re­ tion of CATV service in the Cleveland stantial overlap of Shawnee’s proposed view of these showings indicates that the market. 1 mv/m contour and the 0.5 mv/m con­ questions, raised therein would be best Counsel for the CATV companies tour of cochannel WCAR. The Broadcast resolved by inquiry in the evidentiary bearing the burden of proof on Issue No. Bureau supports the addition of an issue. hearing, and that the addition of an ap­ 1 explained some of the difficulties they Shawnee in opposition alleges that there propriate issue is warranted. With the anticipated in completing their show­ are engineering errors in the petitioners’ purpose of serving the public interest by ings with respect to that issue. The ex­ technical showing, and contends that obtaining the most meaningful informa­ aminer, therefore, requested them to Shawnee’s measurements establish that tion, it is desirable, in the event that ad­ make such showings as complete as pos­ there can be no overlap of the WCAR ditional measurements are taken, that sible under the circumstances and it is 0.05 mv/m contour with its proposed the parties be invited to cooperate in understood that neither they nor any of 1 mv/m contour. Lawrence in its reply such operation. the other parties will be precluded from concedes some errors, but maintains Programing. 4. Petitioners’ next re­ tendering further evidence on Issue No. that there will be an overlap of the pro­ quest the addition of an issue to deter­ 1 at subsequent hearing sessions. hibited contours. mine what efforts have been made by Exhibits to be offered at the July 21 3. The differences of opinion as to Shawnee to ascertain the program needs hearing session will be exchanged on whether there will be an overlap of the of the area it proposes to serve, and the WCAR 0.05 mv/m contour with the pro­ manner in which it proposes to meet July 14,1967. those needs (Suburban issue). In support Accordingly, it is ordered, That the posed 1 mv/m contour of Shawnee re­ sult from differing evaluations of the of its request, petitioners submitted affi­ further conference date of June 26, 1967 davits from six Aliquippa community is canceled and the hearing will com­ measurements taken by the petitioners and Shawnee. Petitioners originally sub­ leaders, who stated that they were never mence on July 21, 1967, at 10 am. mitted measurements made in March, contacted by Shawnee regarding the pro­ Issued: June 22,1967. 1966, on one radial (121°) from Station graming needs and interests of Aliquippa. Released: June 26,1967. WCAR, wherein the terminal conduc­ Petitioners further allege that while tivity was evaluated as 12.5 millimhos Shawnee, subsequent to filing of its ap­ F ederal C ommunications per meter (mmhos/m). In reply to Shaw­ plication (about 2 months later), con­ Co m m is sio n , nee’s opposition, petitioners later sub­ ducted a mail survey, it failed to make [ seal] B en F . W aple, mitted a corrected showing wherein, a sufficient inquiry into the programing Secretary. among other corrections, the terminal needs and interests of Aliquippa^; and [F.R. Doc. 67-7390; Filed, Ju n e 28, 1967; conductivity was evaluated as 10 that its program proposal, which in­ 8:49 a.m.] cludes 41 percent local live programs, was designed in a vacuum. 1Also before the Review Board are: (a) 5. Shawnee, in opposition, states that [Docket Nos. 17178-17180; FCC 67R-259] Opposition of Shawnee, filed May 1, 1967; (b) the proposed program service is sup­ Broadcast Bureau’s comments, filed May 2, ported by two visits by Truman A. Morris, LAWRENCE COUNTY BROADCASTING 1967; (c) reply of Shawnee to Broadcast B ureau’s comm ents, filed May 11, 1967, and president and 100 percent owner of CORP. ET AL. (d) reply, filed Ju n e 1, 1967, by th e p eti­ Shawnee, to Aliquippa; questionnaires to Memorandum Opinion and Order tioners. The Broadcast Bureau on May 2, more than 240 people; personal surveys; 1967, filed a petition for late acceptance of U.S. Census data; Aliquippa Chamber of Enlarging Issues its responsive pleading. The Bureau states Commerce material; and the broadcast In re applications of Lawrence County that its pleading was filed late because it experience of Truman Morris since 1941. consented to a request for extension of time Broadcasting Corp., New Castle, Pa., for filing of responsive pleadings which was Shawnee contends that Morris is famil­ Docket No. 17178, File No. BP-16602; to have been filed by a party, but the Bureau iar with the needs by reason of his travel Brownsville Radio, Inc., Brownsville, Pa., later learned that it was not filed. Good cause in the area over many years; and that Docket No. 17179, File No. BP-16648; has been shown and the Bureau’s responsive the proposed program service was pre­ Shawnee Broadcasting Co., Aliquippa, pleading is accepted for filing. pared after study of statistical and de­ Pa., Docket No. 17180, File No. BP-16880; * Section 73.37(b) states in pertinent part scriptive information concerning Ali­ for construction permits. “An application for a new statiton * * * quippa and with the assistance of Miss may be granted notwithstanding overlap of Alice Shein, a broadcaster with 30 years 1. This proceeding involves the above-the proposed 0.5 mv/m contour and the captioned applications for construction 0.025 mv/m contour of another cochannel experience in programing in the general permits to establish new standard broad­ station, where the applicant station is or area. It further contends that a personal cast stations in Aliquippa, Brownsville, would be * * * the first standard broad­ survey was conducted in September 1965, and New Castle, respectively, all in Penn­ cast facility in a community of 25,000 or by Michael E. Zobrak, a resident of sylvania. By Memorandum Opinion and more population wholly or partly within an Aliquippa for 22 years and a former sta­ Order, released February 16, 1967 (FCC urbanized area * * *: Provided, That: (1) tion manager of a college educational 67-185) , the applications were desig­ The proposal complies with paragraph (a) station; that Mr. Zobrak advised Shaw­ of this section in all other respects and is nee that its program proposal was ideally nated for hearing on various issues. consistent with all other provisions of this Presently before the Review Board is a part; and (2) No overlap would occur be­ suited to the needs of Aliquippa; that, of petition to enlarge issues, filed March 9, tween the 1 mv/m contour of the proposed the eight affiants presented by Lawrence 1967, by Lawrence County Broadcasting facilities and the 0.05mv/m contour of any as not having been contacted by Shaw­ Corp. and Brownsville Radio, Inc. (peti­ cochannel station.” nee, five were sent questionnaires and, of

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 NOTICES 9251 these, two did not reply; that 95 com­ quired; only that there be a showing of (approximately 31 hours) is live pro­ pleted survey forms were received, rep­ reasonable assurance of site availability graming, with three full-time and four resenting 3ft percent of the question­ made in good faith. See, e.g., Beacon part-time employees. Shawnee has indi­ naires circulated; and that Morris made Broadcasting System, Inc., 21 RR 727 cated that the majority of its five pro­ inquiries in October 1965, and’ in Sep­ (1961) ; Suburban Broadcasting Co., Inc., grams will be conducted by nonstation tember 1966, which included a half-hour 19 RR 956a (I960). Shawnee has a verbal personnel. However, from the descrip­ meeting with the Mayor of Aliquippa. assurance from a real estate agent, who tions of the programs contained in its The Broadcast Bureau contends that is alleged to be handling the sale of opposition, it appears that station per­ petitioners failed to demonstrate that the property and a close friend of the sonnel would be needed for the remote Shawnee did not make a bona fide effort land owner, that the land will be avail­ operations and the tape recordings of to ascertain the needs said interests of able when Shawnee needs; it, and, in these five programs. Further, Shawnee Aliquippa prior to the fifing its appli­ the absence of any allegation to the con­ indicated that station personnel would cation. trary, this is sufficient to show the avail­ participate substantially in 10 local live 6, Petitioner’s request for a Suburbanability of site. cf. Lorenzo W. Milam and programs ranging from 5 to 15 minutes issues will be denied. The information Jeremy D. Lansman, 4 FCC 2d 610, 7 RR in duration. With the recent development contained in Shawnee’s opposition es­ 2d 765 (1966) ; and Eastside Broadcast­ of equipment and techniques, it may be tablishes that although its prefifing ef­ ing Co., FCC 63R-528, 1 RR 2d 763. The possible to operate a broadcast station forts to determine the needs and inter­ request for site availability issue will with a limited number of personnel as ests. of the community it proposes to therefore be denied. proposed by Shawnee. However, on the serve were somewhat scant, it began Staffing issue. 10; In support of a re­ basis of the information supplied in its (almost immediately after filing its ap­ quested issue to determine whether responsive pleading, Shawnee has not plication) and has continued to assidu­ Shawnee’s proposed, staff is adequate to satisfactorily demonstrated that its staff ously attempt to ascertain those needs effectuate its proposal, petitioners point would be able to effectuate the program and: interests through surveys, personal out that Shawnee, in its application, proposal. Therefore the request for a interviews^ questionnaires, and other stated that it “plans to staff the station staffing issue will be granted.® meansi. These efforts provided Shawnee with enough able and qualified employ­ Financial issue. 13’. To support a re­ with a reasonable basis for determining ees to serve the community well”; and quest for an issue inquiring into the that no changes in its program proposal that Shawnee proposes to devote 41 per- financial qualifications of Shawnee, pe­ were required; Shawnee has set forth oent or approximately 31 hours, of a titioners note that Shawnee’s applica­ examples of how the results of its- efforts weekly broadcast time to local live pro­ tion reflects initial costs of construction are reflected in- its program schedules; graming. Since no definitive showing of of $24,600, cost of first year’s operation and petitioners have not demonstrated staff has been made by Shawnee, peti­ of $30,000; and funds available in an that Shawnee’s proposal does not in fact tioners contend that a question is raised amount of $59,500 consisting of $2,000 reflect the needs and: desires of Aliquippa. as to whether adequate staff will be em­ cash on deposit, a $50,000 bank loan and Under these circumstances, further in­ ployed to effectuate the program pro­ a $7,500 deferred credit arrangement on quiry into this matter is not warranted. posal. The Broadcast Bureau agrees that radio» equipment. Petitioners first con­ See Saul ML Miller,, FOG 66-551, 4 FCC Shawnee’s staffing proposal is too vague tend- that the bank letter from the Sav­ 2d 150. to be evaluated and that its program ings Bank Company of Chilficothe, Ohio, Site availability. 7. Petitioners request proposal is of sufficient complexity to does not show the security for the loan;, the addition of a site availability issue, require the addition of a staffing issue, and that where banks require collateral alleging, that Shawnee has absolutely no if the applicant fails to submit a satis­ and there is no showing of necessary- assurance, either oral or written, of the factory explanation in its responsive collateral to meet the condition specified availability of the land specified for its pleading. by the bank, a financial issue is required, antenna location. In support of the alle­ 11. Shawnee in its opposition alleges citing- Lebanon Valley Radio, FCC 65R- gation, petitioners point out that Shaw­ that, for a 250-watt, daytime-only oper­ 159, 5 RR 2d 45 (1965). and Eastern nee has specified in its application a site ation, a limited staff will' adequately ful­ Long Island Broadcasters, Inc., 1 FCC on Sohn Road, located south of Ali­ fill the varied functions of the station. 2d 1165s 6 RR 2d 477 (1965). Petitioners quippa, and estimated an expenditure of The staff’ it states; wifi consist of (a) further contend that, even assuming $3,000 for acquiring land; but it did not one station manager-commercial man­ that the bank letter is a firm commit­ state whether the land has been leased,, ager-program director- announcer-engi­ ment, Shawnee would still have insuffi­ wifi be leased, or will be purchased. An neer; (b) two aiinouncer-engineer-sales- cient funds available to construct, own, affidavit from a local attorney was sub­ men; (c) one contract engineer with a and operate its proposed station because mitted by petitioner,, in which the attor­ radio-telephone first class operator's it will require an amount in excess of ney states that, he discussed the site with license; (d) one receptionist-book- $58,000; and that this figure does not the owners of the property who told him keeper-traffic employee; (e) and four take into account the legal expenses, the that there are na outstanding agree­ (part-time) announcer-engineer-sales­ costas of rentals, and other costs nor­ ments for leasing, optioning or purchas­ men. Shawnee states that all station mally provided under “Other Items.” ing this land between, the owners and personnel, with the exception of the Finally, petitioners allege that Shawnee’s Shawnee. receptionist-bookkeeper-traffic employee, estimate of operating cost for the first 8. Shawnee, in, its opposition,, contends will be expected to have a radiotelephone year is unreasonably low in view of the (a) that it has obtained the assurance of third class operator license with broad­ substantial amount of time for five pro­ the real estate agent handling the sale cast endorsement. Shawnee contends graming and. the staff necessary to of the property that the site will be avail­ that, of the 30 local five programs, accommodate such a proposal. The able for purchase when Shawnee is ready eighteen will be furnished by outside Broadcast Bureau opposes the addition to proceed; (b>- that since the owners of local talent, exclusive of station person­ of a general financial issue; alleging the land would be reluctant to sign any nel; two are of 25 minutes duration and that Shawnee has shown the availability legal document not constituting an ac­ are expected to be handled by part-time of $59,800 to meet total costs of $54,600, tual sale, no option, was sought;, (c.) that employees, and 10; ranging in length and that the letter of credit which from 5 to 15 minutes, will require sub­ Shawnee has submitted is sufficient to there has never been any indication that evidence a firm commitment, to lend the transmitter-site proposed by Shawnee stantial participation, by station person­ $50,000, citing Romac Baton Rouge is not available. The Broadcast Bureau nel. Shawnee asserts that, based upon its Corp., FCC’ 67R-92, 7 FCC 2d 468’ (1967) . also opposes the- addition of the issue, experience at Station WCAI, Fort Myers, The Bureau contends that petitioners stating that none of the factual allega­ Fla., the type of programming proposed allegation as to underestimation of first tions advanced by petitioners raises a* for Aliquippa can be accomplished with year’s operating cost is nothing more question of the availability of the site even less personnel than now proposed; specified by Shawnee. and that its proposal is tailbred specifi­ than, bare assertion and must be rejected. 9. The Commission, has reiterated, on cally for Aliquippa. numerous occasions that absolute as­ 12. Shawnee proposes to broadcast 8 Cf. John N. Traxler and. Alvera M. Traxler, surance of site availability is not re­ 74.25 hours per week, of which 41 percent FCC 66R—191, 5 RR 2d 738 ( 1965).

FEDERAL REGISTER, VOL. 32, NO. >25— THURSDAY, JUNE 2 *, 1967 9252 NOTICES However, since Shawnee has not pre­ It is further ordered, That the issues serts that there is a basic difference in sented any breakdown of its estimated in this proceeding are enlarged by addi­ program philosophy, contending that Lee cost for the first year’s operation. Bureau tion of the following issues: Broadcasting Çorp. (Lee), the other questions whether it has provided funds To determine whether the application applicant, proposes to locate its trans­ for principal and interest payments for of Shawnee Broadcasting Co. is in con­ mitter and main studio in Davenport, the first year, and urges, in the ab­ travention of § 73.37 of the rules. Iowa, and that Lee stated that it selected sence of a satisfactory explanation in To determine whether the proposed its site to better serve the population of Shawnee’s responsive pleading, the ad­ staff of Shawnee Broadcasting Co. is the Quad City area (Moline, Rock Island, dition of a limited financial issue to adequate to effectuate its program pro­ Davenport, and Bettendorf) ; whereas determine Shawnee’s first year costs of posal; and Mid America proposes to operate pri­ operation. It is further ordered, That the burden marily as a Moline station. Jdid America 14. Shawnee in its opposition alleges of proceeding with the introduction of also asserts that there are substantial that it is paying the costs of prosecuting evidence and the burden of proof will differences in program content, alleging its application out of operating income; be on Shawneé Broadcasting Co. that Lee, based on its survey, proposes a and submits a detailed breakdown of its Adopted: June 20, 1967. program service consisting of stereo re­ costs of construction and operation for cordings (“good music’’ plus some “re­ 1 year, reflecting a total cash require­ Released: June 26, 1967. ligious music”) 55 minutes of every hour ment of $55,631, including payments of F ederal C ommunications with the remaining 5 minutes being de­ principal and interest on the deferred C o m m issio n , voted to newscasts. In contrast, Mid credit arrangement and the bank loan. [ seal] B en F . W aple, America contends, its survey revealed a To meet this requirement, Shawnee al­ Secretary. need for more diversified programing, leges that it has funds available in an [F.R. Doc. 67-7391; Filed, Ju n e 28, 1967; and it proposes to provide, among other amount of approximately $114,374, con­ 8:49 a.m.] things, live coverage of portions of city sisting of the $50,000 bank loan, assets council meetings; a biweekly chamber reflected on Shawnee’s up-dated balance of commerce program; live coverage of sheet, and $20,000 from its owner, [Docket Nos. 17345, 17346; FCC 67R-261] local sporting events; live Church serv­ Truman Morris. LEE BROADCASTING CORP. AND MID ice on Sunday mornings; and emphasis 15. The Board is satisfied that the on educational and civic affairs program­ bank commitment letter submitted by AMERICA BROADCASTING, INC. ing.4 Thus, Mid America states, Lee Shawnee is adequate to establish the Memorandum Opinion and Order proposes “virtually zero” percent in availability of the $50,000 loan.4 Thus, Enlarging Issues “public affairs” and “all other programs” Shawnee must show that it has available categories, while it proposes a total of 8 a m a x im u m of $8,000 in additional In re applications of Lee Broadcasting percent in these categories. Finally, Mid funds.5 We would be unwilling to permit Corp., Moline, 111., Docket No. 17345, File America avers that there is a significant Shawnee to rely upon the personal assets No. BPH-5470; Mid America Broadcast­ difference between the two applicants in of its owner since its application does not ing, Inc., Moline, HI., Docket No. 17346, efforts to ascertain program needs, point­ reflect this source of funds and an File No. BPH-5569; for construction ing out that, according to Lee’s appli­ amendment would be required to show permits. cation, its representative list of contacts new or changed methods of financing. 1. The above-captioned applications includes twelve persons, only four of However, Shawnee’s up-dated balance for a construction permit to establish an whom were from Moline; and that Mid sheet reflects current assets of $65,- FM broadcast station at Moline, HI., Were America, on the other hand, lists some 098.16; total assets of $121,155.95; cur­ designated for. comparative hearing by 48 persons contacted, showing a broader rent liabilities of $5,424.02; long term order published April 18, 1967 (32 F.R. diversity among communities and types liabilities of $34,353; and $1,798.88 in net 6106). of leaders contacted, a higher concentra­ profits for the first 2 months of 1967. 2. Before the Board is the petition filed tion in Moline, and a more thorough doc­ While part of the current assets consist on May 3, 1967, by Mid America Broad­ umentation of the results of the contacts of accounts receivable, the liquidity of casting ,_Inc. (Mid America), seeking the and the manner in which those results which has not been established, it is addition of two issues to this proceeding are reflected in the program proposal. clear from Shawnee’s overall financial to determine on a comparative basis the 4. Opposing the requested enlarge­ posture that the $8,000 requirement can significant differences between the appli­ ment, Lee argues that the Mid America be met. See Massillon Broadcasting Co., cants with respect to (a) their proposed petition is based on comparisons of per­ Inc., FCC 61-1164, 22 RR 218; Spring- programing, and (b) the efforts made by centages of time to be devoted to local field Television Broadcasting Corp., FCC each applicant to ascertain the needs and or other types of programing, and that 64R-234, 2 RR 841; and Garo W. Ray, interest of the community and area each the programs proposed by Lee are not FCC 63R-103, 23 RR 286. proposes to serve.1 now available locally, whereas those pro­ Accordingly, it is ordered, That the 3. In support of its petition, Mid Amer­ posed by Mid America are available. The Broadcast Bureau’s petition to accept ica asserts that there are substantial Broadcast Bureau would grant the re­ late filing, filed on May 2, 1967, is prima facia differences in the program­ quested enlargement of issues. granted; that the petition to enlarge is­ ing proposals of the applicants which are 5. The Board is satisfied that Mid sues, filed March 9, 1967, by Lawrence sufficient, under the Commission’s rul­ America’s allegations are sufficient to County Broadcasting Corp. and Browns­ warrant the addition of the requested ville Radio, Inc., is granted to the extent ing in Chapman Radio & Television Co.,1 indicated below and is denied in all other to warrant addition of the requested pro­ graming issues.3 Mid America first as- a demonstrated community need). The respects; and statement indicates also that the Commis­ 1 Also before the Board are the following sion will not assume that an unusually high * The hank commitment letter is firm and responsive pleadings: Opposition, filed on percentage of time to be devoted to local or complete in all respects, except that it May 15, 1967, by Lee Broadcasting Corp., and other particular types of programs is neces­ states that collateral will be decided upon at comm ents, filed on May 17, 1967, by th e sarily to be preferred unless it is related to a later date. We do not regard this aspect Broadcast Bureau. such needs * * *. In other words, a propo­ of the loan agreement as impairing the avaU- *7 FCC 2d 213, 9 RR 2d 635 (1967). nent of the programing issue should be ability of the loan. See Romac Baton Rogue * In Chapman, the Commission stated in required to make a prima facie showing th at Corp., supra. p a rt: there are significant differences in the pro­ 6 Petitioners contended that Shawnee will “As pointed out in the policy statement, graming proposed and should relate his require $58,000 to construct its proposal and differences In proposed program plans, to be claimed substantial superiority in program operate for 1 year (see par. 13 supra). Their regarded as of decisional significance, must planning to his ascertainment of commu­ allegation that Shawnee’s costs might be go beyond ordinary differences in judgment nity needs.” higher are speculative and adequately over­ and show a superior devotion to public serv­ * Each of these programing areas is said come by tide breakdown of costs submitted ice (for example, an unusual attention to to be responsible to needs ascertained in with Shawnee's opposition. local community matters for which there is Mid America’s survey.

FEDERAL REGISTER. VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 NOTICES 9253 issues. As to proposed programing, Mid would result in mutually destructive 3. To determine, if issue number two America has alleged facts indicating that interference. is resolved in Romac Baton Rouge Corp’s. there are substantial differences between 2. Romac Baton Rouge Corp. also has favor, which of the proposals would bet­ the applicants in basic program policy applied for a new television station in ter serve the public interest. and program content. Lee does not, in Baton Rouge, and its application and 4. To determine in the light of the essence, dispute these allegations, but that of Capitol Television Broadcasting evidence adduced pursuant to the fore­ argues that there is no need for the di­ Corp. were designated for comparative going issues, which of the applica­ versified programing proposed by Mid hearing. As a result of a petition by tions for construction permit should be America. However, since Mid America’s Capitol, the issues were enlarged by the granted. program offerings appear to reflect its Review Board to determine whether It is further ordered, That with respect own ascertainment of community needs Romac had failed to disclose material to the common qualifications issue re­ and interests, the Board is of the opinion facts in its television application and/or garding Romac Baton Rouge Corp., this that the appropriate means of resolving failed to keep this application up to date. issue is hereby consolidated to the ex­ the question of whether Mid America’s Because the question of Romac’s quali­ tent that all of the parties are to par­ proposal reflects a superior devotion to fications is equally involved in the pres­ ticipate in the presentation of evidence public service is by the addition of a ent proceeding, we believe that the before the Hearing Examiner and that hearing issue. See Chapman Radio & orderly dispatch of the Commission’s the evidence adduced under this con­ Television Co., supra. Mid America’s un­ business be served by having the same solidated issue is to be considered and disputed allegations concerning efforts to Examiner preside in both proceedings evaluated in the Initial Decision to be ascertain programing needs indicate that issued in both proceedings. there may be a significant disparity in and having this common qualifications both the quantity and quality of the ap­ issue heard at one time with all the It is further ordered, That to avail plicants’ respective efforts in this regard. parties participating. themselves of the opportunity to be An issue permitting further inquiry will 3. Consideration of the programing heard, the applicants, pursuant to therefore be added. See Chapman Radio proposals is required because of the sub­ § 1.221(c) of the Commission’s rules, in & Television Co., supra. stantial and material difference between person or by attorney shall, within twenty the proposals in the amount of AM pro­ (20) days of the mailing of this order, Accordingly, it is ordered, That the graming to be duplicated. Miss Lou file with the Commission in triplicate, a petition to enlarge issues, filed on May 3, Broadcasting Corp. proposes 50 percent written appearance stating an intention 1967, by Mid America Broadcasting, Inc., AM programing duplication, while to appear on the date fixed for the hear­ is granted, and that the issues in this Romac Baton Rouge Corp. proposes in­ ing and present evidence on the issues proceeding are enlarged by the addition dependent programing. Therefore, evi­ specified in this order. of the following issues: dence regarding duplicated programing It is further ordered, That the appli­ To determine on a comparative basis will be admissible under the contingent cants herein shall, pursuant to section the significant differences between the comparative issue. The showing permit­ 311(a)(2) of the Communications Act applicants with respect to their proposed ted under the standard comparative is­ of 1934, as amended, and § 1.594 of the programing. sue when duplicated programing is pro­ Commission’s rules, give notice of the To determine on a comparative basis posed will be limited to evidence con­ hearing, either individually or, if feasible the significant differences between the cerning the benefits to be derived from and consistent with the rules, jointly, applicants with respect to the efforts the proposed duplication, and a full com­ within the time and in the manner pre­ made by each applicant to ascertain the parison of the applicants’ program pro­ scribed in such rule, and shall advise the needs and interest of the community and posals will not be permitted in the ab­ Commission of the publication of such area each proposes to serve. sence of a specific programing inquiry— notice as required by § 1.594(g) of the Adopted: June 20, 1967. Jones T. Sudbury_____FCC 2 d _____ , rules. Released: June 26, 1967. FCC 67-614 (1967). Adopted: June 14, 1967. 4. Except as indicated below, the ap­ Released: June 26, 1967. F ederal C ommunications plicants are qualified to construct and C o m m issio n , operate as proposed. However, because F ederal C ommunications [seal] B en F . W aple, of their mutual exclusivity, the Com­ C o m m issio n ,1 Secretary. mission is unable to make the statutory [seal] B en F . W aple, [F.R. Doc. 67-7392; Filed, Ju n e 28, 1967; finding that a grant of the applications Secretary. 8:49 a m .] would serve the public interest, conven­ [F.R. Doc. 67-7393; Filed, June 28, 1967; ience and necessity, and is of the opin­ 8:49 a.m.] [Docket Nos. 17517, 17518; FCC 67-698] ion that the applications must be desig­ nated for hearing on the issues set forth MISS LOU BROADCASTING CORP. below. [Docket Nos. 17517, 17518; FCC 67M-1061] AND ROMAC BATON ROUGE CORP. It is ordered, That, pursuant to section MISS LOU BROADCASTING CORP. 309(e) of the Communications Act of AND ROMAC BATON ROUGE CORP. Order Designating Applications for 1934, as amended, the applications are Consolidated Hearing on Stated designated for hearing in a consolidated Order Scheduling Hearing Issues proceeding, at a time and place to be In re applications of Miss Lou Broad­ In re applications of Miss Lou Broad­ specified in a subsequent order, upon the casting Corp., Baton Rouge, La., Docket casting Corp., Baton Rouge, La., Docket following issues : No. 17517, File No. BPH-5616; Romac No. 17517, File No. BPH-5616; Requests: 1. To determine whether Romac Baton Baton Rouge Corp., Baton Rouge, La., 101.5mc, No. 268; 100 kw; 332 ft.; Romac Rouge Corp. submitted complete and ac­ Docket No. 17518, File No. BPH-5678; Baton Rouge Corp., Baton Rouge, La., curate information in its application for for construction permits. Docket No. 17518, File No. BPH-5678; a new television station in Baton Rouge, It is ordered, That Isadore A. Honig Requests: 101.5mc, No. 268; 100 kw; La., and has continued to keep the Com­ shall serve as Presiding Officer in the 339 ft.; for construction permits. mission advised of “substantial and sig­ above-entitled proceeding; that the 1. At a session of the Federal Com­nificant changes” as required by § 1.65 hearings therein shall be convened on munications Commission held at its of the Commission’s rules. September 11, 1967, at 10 a.m.; and that offices in Washington, D.C., the Commis­ 2. To determine in light of the evi­ a prehearing conference shall be held sion has under consideration the above dence adduced under the foregoing issue on July 12, 1967, commencing at 9 a.m.; captioned and described applications whether Romac Baton Rouge Corp. pos­ And, it is further ordered, That all pro- which are mutually exclusive in that op­ sesses the requisite qualifications to con­ eration by the applicants as proposed struct and operate its proposed station. i Commissioner Wadsworth absent.

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9254 NOTICES ceedings shall take place in the Offices 2. Since Federal Aviation Administra­ 1. To determine with respect to the of the Commission, Washington, D.C. tion approval has not been obtained for application of KTOW-TV, Inc.; Victor Muscat’s proposed tower height (a) The terms, conditions and secu­ Issued: June 20, 1967. and location, an air menace issue has rity, if any, required in connection with Released: June 26,1967. been specified, and the Federal Avia­ the proposed loan of $75,000 from the F ederal C ommunications tion Administration has been made a First Bank & Trust Co. of Sand Springs, party thereto. C o m m issio n , Okla. [ seal] R en F . W aple, 3. There appears to be a significant (b) To determine the amount of cash Secretary. disparity in the proposed Grade B con­ which each stockholder will be required tours of the applications. In accord­ to provide to the applicant and whether [F.R. Doc. 67-7394; FUed, June 28, 1967; ance with the Commission’s policy, each stockholder lias sufficient current 8:49 a.m.] evidence with respect to which of the and liquid assets (as defined in section proposals would represent a more effi­ HI, paragraph 4(d), FCC Form 301) in [Docket Nos. 17446-17448; FCC 67M-1045] cient use of the frequency may be ad­ excess of current liabilities to meet his duced under the comparative issue.1 ST. ANTHONY TELEVISION CORP. commitment. 4. KTOW-TV, Inc., proposes to locate (c) Whether, in light of the evidence (KHMA-TV) AND DELTA TELERADIO its main studios outside of the corporate adduced pursuant to the foregoing, CORP. limits of Tulsa, Okla., for economic KTOW-TV, Inc., is financially qualified. Order Regarding Procedural Dates reasons. We believe that good cause has 2. Whether there is a reasonable pos­ been shown for so locating the main sibility that the tower height and loca­ In re applications of St. Anthony studio and that the location proposed tion proposed by Victor Muscat would Television Corp. (KHMA-TV), Houma, would not be inconsistent with the oper­ constitute a menace to air navigation. La., Docket No. 17446, File No. BMPCT- ation of the station in the public inter­ 3. To determine which of the proposals 6125; for extension of time within wliich est. We will provide, therefore, that in would better serve the public interest. to construct; St. Anthony Television the event of a grant of the application Corp. (KHMA-TV), Houma, La., Docket of KTOW-TV, Inc., the Commission’s 4. To determine, in light of the evi­ No. 17447, File No. BMPCT-6196; for consent to the location will be granted, dence adduced pursuant to the foregoing modification of construction permit; St. pursuant to § 73.613(b) of the rules. issues, which of the applications should Anthony Television Corp. (KHMA-TV) 5. Based on information containéd in be granted. (Assignor), Houma, La., and Delta Tele­ the application of KTOW-TV, Inc., cash It is further ordered, That, in the event radio Corp., Panama City, Fla. (As­ in the amount of approximately $380,000 of a grant of the application of KTOW- signee) , Docket No. 17448, •/ File No. will be required for the construction and TV, Inc., the applicant’s request, pursu­ BAPCT-375; for assignment of construc­ operation of the proposed station for the ant to § 73.613(b) of the Commission’s tion permit. first year without reliance upon revenues. rules to locate its main studio outside of To formalize the agreements and rul­ To meet the cash requirements the appli­ the corporate limits of Tulsa, Okla., shall ings made on the record at a prehearing cant relies on a bank loan of $75,000, be granted. conference held on June 21, 1967, in the existing capital of $500 and letters from It is further ordered, That the Federal above-entitled matter concerning the stockholders indicating their commit­ Aviation Administration is made a party future conduct of this proceeding; ments to make monies available as to this proceeding with respect to the It is ordered, That: needed for the financing of the station. application of Victor Muscat. Exchange of Exhibits is scheduled for The bank letter relied upon fails to set It is further ordered, That, to avail September 6,1967; out terms, conditions and security re­ themselves of the opportunity to be Informal engineering conference is quired, if any. Since the proposed stock­ heard, the applicants and the party re­ scheduled for September 11, 1967; holders have undertaken to provide funds spondent herein, pursuant to § 1.221(c) Notification of witnesses is scheduled as required, the exact financial commit­ of the Commission’s rules, in person or for September 18,1967; and ment of each cannot be determined and by attorney, shall within twenty (20) Hearing presently scheduled for July it is not possible to determine* therefore, days of the mailing of this order, file 12, 1967, is continued to September 25, whether any of them are financially with the Commission, in triplicate, a 1967. qualified. It cannot be determined, there­ fore, that the applicant is financially written appearance stating an inten­ Issued; June 21,1967. qualified. tion to appear on the date fixed for the Released: June 26,1967. 6. Except as indicated by the issues set hearing and present evidence on the forth below, Victor Muscat and KTOW- issues specified in this order. F ederal C ommunications TV, Inc., are qualified to "construct, own C o m m issio n , It is further ordered, That the appli­ and operate the proposed new television [ seal] B en F . W aple, cants herein shall, pursuant to section Secretary. broadcast station. The applications are, however, mutually exclusive in that oper­ 311(a) (2) of the Communications Act [F.R. Doc. 67-7395; Filed, Ju n e 28, 1967; ation by the applicants as proposed, of 1934, as amended, and § 1.594 of the 8:49 a.m.j would result in mutually destructive in­ Commission’s rules, give notice of the terference. The Commission is, there­ [Docket Nos. 17523, 17524; FCC 67-705]' hearing, either individually or, if fea­ fore, unable to make the'statutory finding sible, jointly, within the time and in the VICTOR MUSCAT AND KTOW-TV, INC that a grant of the applications would serve the public interest, convenience manner prescribed in such rule, and Order Designating Applications for and necessity, and is of the opinion that shall advise the Commission of the pub­ Consolidated Hearing on Stated they must be designated for hearing in lication of such notice as required by Issues a consolidated proceeding on the issues § 1.594(g) of the rules. set forth below. In Te applications of Victor Muscat, Accordingly, it is ordered, That, pur­ Adopted: June 14,1967. Tulsa, Okla., Docket No. 17523, File No. suant to section 309(c) of the Communi­ Released: June26,1967. BPCT-3843; KTOW-TV, Inc., Tulsa, cations Act of 1934, as amended, the Okla., Docket No. 17524, File No. BPCT- above-captioned applications of Victor F ederal C ommunications 3867; for construction permit for new Muscat and KTOW-TV, Inc.* are desig­ C o m m issio n ,1 television broadcast station. nated for hearing in a consolidated pro­ [ seal] B en F. W aple, 1. The Commission has before it for ceeding at a time and place to be speci­ Secretary. consideration the above-captioned ap­ fied in a subsequent order, upon the [FJEt. Doc. 67-7396; Filed, June 28, 1967; plications, each requesting a construction following issues: 8:49 am .] permit for a new television broadcast station to operate on Channel 29, Tulsa, 1 Harriscope, Inc., FCC 65-1165, 2 FCC 2d Okla. 233. 1 Ckwnmissioner Wadsworth absent.

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29 , 1967 NOTICES 9255 [Docket Nos. 1752S, 17524; FCC 67M-1062] by water in the foreign and domestic off­ to recommend appropriate action to the shore commerce of the United States, Commission. VICTOR MUSCAT AND KTOW-TV, INC. whether or not previously approved, shall contain a provision describing the method By letter dated June 4, 1965 (Attach­ Order Scheduling Hearing or system used by the parties in policing ment 4) 1 in response to the letter of In re applications of Victor Muscat, the obligations under the agreement, includ­ May 5, 1965, the Conference Secretary ing the procedure for handling complaints advised that the conference had been Tulsa, Okla., Docket No. 17523, Pile No. and the functions and authority of every BPCT-3843; KTOW-TV, Inc., Tulsa, person having ^responsibility for administer­ instructed by the French authorities to Okla., Docket No. 17524, File No. BPCT- ing the system. In the case of agreements Inform us that our request should be 3867; for construction permit for new previously approved under section 15 which made to the French Government via television broadcast station (Channel do not meet these requirements, the parties diplomatic channels. Although the 29). ¿1 shall file for approval an amendment which French Government does not now object It is ordered, That Charles J. Frederick complies with the requirements * * * to compliance by the conferences, no shall serve as Presiding Officer in the § 528.3 Reporting requirements. reports have been filed in accordance above-entitled proceeding; that the Twice each year, once during the month with General Order 7. of January and one dining the month of Section 15 of the Shipping Act, 1916, hearings therein shall be convened on July, there shall be filed with the Commis­ September 7,1967, at 10 a.m.; and that a sion by the conferences and carriers subject further provides, in pertinent part, that: prehearing conference shall be held on to these rules, or by any person to whom they The Commission shall disapprove any such July 14, 1907, commencing at 9 a.m.; have delegated the self-policing authority, agreement, after notice and hearing, on a And, it is further ordered, That all pro­ a report showing the nature of each com­ finding * * * of failure or refusal to adopt and ceedings shall take place in the Offices of plaint received during the preceding 6- maintain reasonable procedures for promptly the Commission, Washington, D.C. inonth period; the action taken on the com­ and fairly hearing and considering shippers’ plaint or on the volition of any person requests and complaints. Issued: June 20,1967. responsible for policing; and with respect to violations found, the nature thereof and General Order 14 was adopted to im­ Released: June 26,1967. the penalty or other sanction imposed. The plement section 2 of Public Law 87-346, names of the parties involved in complaints effective October 3, 1961. The General F ederal C ommunications Order provides, in pertinent part, as fol­ C o m m issio n , or in action on the volition of the person responsible for policing may be omitted lows: [seal] B en F . W aple, from these reports. The first report due un­ § 527.3 Filing of procedures. Secretary. der this section shall be filed during the Within 60 days from the effective date of [F.R. Doc. 67-7397; Filed, June 28, 1967; m onth of July, 1964. In th e event th a t no these rules, each ratemaking group operat­ 8:49 a.m.] complaints were received during the 6- month period, or no actions were taken on ing under an approved section 15 agreement complaints received in the previous 6-month shall file with the Commission a statement period, a negative report so stating must outlining in complete detail its procedures be filed. for the disposition of shippers’ requests and FEDERAL MARITIME COMMISSION complaints. The basic agreement, as amended, by § 527.4 Reports. [Docket No. 67-40] Agreement 7810-4 approved by the Com­ By Jan u ary 31, April 30, July 31, and Octo­ FRENCH NORTH-ATLANTIC WEST­ mission on July 23,1964, contains a self­ ber 31 of each year, each conference and policing provision which conforms to the each other body with rate-fixing authority BOUND FREIGHT CONFERENCE under an approved agreement shall file with requirements outlined in § 528.2 above. the Commission a report covering all ship­ Self-Policing Reports, Shippers’ Re­ On or about November 27,1964, a form pers’ requests and complaints received dur­ quests and Complaints; Order To letter (Attachment l)1 was addressed to ing the preceding calendar quarter or pend­ Show Cause all those conferences and rate-fixing ing at the beginning of such calendar quar­ agreements, including the subject Con­ ter. The first such report shall be filed by Agreement 7810, originally approved ference, which had not filed self-policing October 31, 1965. All such reports shall in ­ March 19, 1946, between the member reports due in July, 1964, covering the clude the foUowlng information for each re­ lines of the French North-Atlantic West­ period from January through June, 1964, quest or complaint; bound Freight Conference, covers the (a) Date request or complaint was re­ pursuant to the requirements of § 528.3 ceived. trade from French Atlantic ports in the of General Order 7. On December 14, Bayonne/Dunkirk range to U.S. North (b) Identity of the person or firm sub­ 1964, the Conference Secretary, Mrs. M. mitting the request or complaint. Atlantic ports in the Hampton Roads/ Lambert, advised (Attachment 2)1 that Portland, Maine, range. (c) Nature of request or complaint, i.e., inasmuch as the conference’s self-polic­ rate reduction, rate establishment, classi­ Section 15 of the Shipping Act, 1916, ing system did not start functioning be­ fication, overcharge, undercharge, measure­ reads, in pertinent part, as follows: fore Commission approval of July .23, m ent, etc. The Commission shall disapprove any such 1964, there was nothing to report for the (d) If final action was taken, date and agreement, after notice and hearing, on a period from January through June, 1964. nature thereof. finding of inadequate policing of the obliga­ On May 5, 1965 a form letter (Attach­ (e) If final action was not taken, an iden­ tions under it * * *. ment 3) 1 was addressed to those confer­ tification of the request or complaint as General Order 7 (46 CFR Part 528) ences and rate-fixing agreements, in­ “pending.” was adopted to implement section 15, as cluding the subject Conference, which (f) If denied, the reason. amended by Public Law 87-346, 75 Stat. had not filed self-policing reports due in § 527.5 Resident representative. 733-4, effective October 3, 1961. In this January, 1965, covering the period from Conferences and other ratemaking groups connection the order states th at: July through December, 1964. It was domiciled outside the United States shall de­ signate a resident representative in the § 528.1 Scope and purpose. pointed out that such reports must be United States with whom shippers situated * * * The Commission shall disapprove filed in January and July of each year in the United States may lodge their requests an agreement thereunder if, after notice and to cover the preceding 6-month period and complaints. The resident representative hearing, it finds inadequate policing of the and that they should be filed even though shall maintain for a period of 2 years a com­ obligations of the agreement. This amend­ there is no activity to report. The Con­ plete record of requests and complaints filed aient makes it necessary that provisions for ference Secretary was also advised that with him by shippers and consignees situated self-policing be included in certain section continued noncompliance with the law­ in the United States and its territories. Con­ 15 agreements and that the Commission be ferences and other ratemaking groups sub­ informed of the manner in which such pro- ful requirements of the Commission ject to this section may satisfy the report­ vision is being carried out. The requirements could not be tolerated, and that if a ing requirements of § 527.4 by reporting those set forth below are to aid the Commission report or a statement that such a report requests and complaints filed with the resi­ in determining the existence and adequacy might be expected was not received dent agent appointed pursuant to the pro­ or self-policing systems, in accordance with within 15 days of the date of the letter, visions of this section. Appointment of the the statutory objective. the staff would have no alternative but resident representative shall be made by § 528.2 General requirements; section 15 Septem ber 9, 1965. agreements. § 527.6 Tariff provisions. Conference agreements and other rate- 1 Attachments 1-4 filed as part of the Tariffs issued by or on behalf of confer­ xing agreements between common carriers original document. ences and other ratemaking groups shall con-

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9256 NOTICES tain full Instructions as to where and by Attachment 5 (1) An earthfill diversion dam about 65 what method shippers may file their re­ French North-Atlantic Westbound Freight feet high and 920 feet long, with rein­ quests and complaints, together with a sam­ Conference, Mrs. M. Lam bert, Secretary, 38, forced concrete intake tower structure; ple of the rate request form, if one is used, Rue Des Pierrelais, Chatillon-sous-Bag- or, in lieu thereof, a statement as to what (2) a second earthfill diversion dam supporting information is considered neces­ neux, Seine, France. about 140 feet high and 680 feet long; (3) American Export Isbrandtsen Lines, Inc., 26 five earth dikes from 10 to 25 feet high; sary for processing the request or complaint Broadway, New York, N.Y. 10004. through conference channels. Appropriate Belgian Line, Belgian Line, Inc., 67 Broad (4) a 420-acre reservoir at elevation of tariff provisions shall be accomplished with­ Street, New York, N.Y. 10004. 1,290 feet, USGS datum; (5) a 144-foot in 90 days from the effective date of these Cosmopolitan Line, A/S J. Ludwig Mo- wide concrete gravity overflow spillway rules. All changes made in such instructions winckels Rederl, 42 Broadway, New York, structure with 20-foot wide log chute shall be published in said tariffs, supplements N.Y. 10004. thereto, or reissues thereof, in accordance section; (6) a forebay canal and intake The Cunard Steam-Ship Co., Ltd., 25 Broad­ structure with 4 steel gates; (7) two with the tariff filing requirements of section way, New York, N.Y. 10004. 18(b) of th e Shipping Act, 1916. 11%-foot diameter steel penstocks; (8) French Line, 17 Battery Place, New York, N.Y. an indoor powerhouse containing two On June 9, 1965, all conferences and 10004. United States Lines Co., 1 Broadway, New generating units with total capacity of ratemaking agreements were mailed a York, N.Y. 10004. 15,000 kw; and (9) appurtenant facili­ copy of General Order 14 which became ties. Effley composed of: (1) A concrete effective July 9, 1965. This Conference [F.R. Doc. 67-7372; Filed, Ju n e 28, 1967; 8:47 a.m.] gravity type dam about 645 feet long has made no effort to comply with Gen­ (maximum height about 30 feet) with a eral Order 14. The issues raised herein do not involve 430-foot overflow spillway section and a any disputed issues of fact which neces­ 17-foot/wide log chute section; (2) a sitate an evidentiary hearing and require FEDERAL POWER COMMISSION 286-acre reservoir at elevation of 1163 [Project No. 2645] feet, USGS datum; (3) a forebay canal a prompt determination by the Commis­ and intake structure with 3 timber slid­ sion. NIAGARA MOHAWK POWER CORP. ing gates and one steel gate; (4) a 250- Now, therefore, pursuant to sections 15 foot penstock system; (5) an indoor and 22 of the Shipping Act, 1916, Notice of Application for License for powerhouse containing four generating It is ordered, That the French North- Constructed Project Atlantic Westbound Freight Conference units with total capacity of 2,960 kw; and the member lines thereof show cause J u n e 20,1967. and (6) appurtenant facilities. Elmer why Agreement 7810, as amended, should Public notice is hereby given that ap­ composed of: (1) A concrete gravity type not be disapproved by the Commission plication for license has been filed under dam about 370 feet long (maximum pursuant to section 15 of the Shipping the Federal Power Act (16 U.S.C. 791a- height about 20 feet) with an overflow Act, 1916, because of the Conference’s S25r) by Niagara Mohawk Power Corp. spillway section 238 feet wide and a log failure to comply with the requirements (correspondence to: Lauman Martin, sluice section 25 feet wide; (2) an 18- of section 15 of the Shipping Act, 1916, Vice President and General Counsel, acre reservoir at elevation of 1,108 feet and the Conference’s failure to comply Niagara Mohawk Power Corp., 300 Erie USGS datum; (3) an intake structure with the Commission’s General Order 7, Boulevard West, Syracuse, N.Y. 13202) with four sliding wood gates; (4) an in­ Issued July 30, 1963, and the Commis­ for constructed Project No. 2645, known door powerhouse integral with the dam, sion’s General Order 14, issued June 8, as the Beaver River Project, located on containing two generating units with 1965. This proceeding shall be limited to the Beaver River in the town of Webb total capacity of 1,500 kw; and (5) the submission of affidavits and memo­ in Herkimer County, and in the towns appurtenant facilities. Taylorville com­ randa and oral argument. The affidavits of Watson and Croghan, in Lewis posed of: (1) A concrete gravity type of fact and memoranda of law shall be County, N.Y. dam about 960 feet long (maxi­ filed by respondents no later than close The existing Beaver River Project con­ mum height about 20 feet) with a Of business July 21, 1967, replies thereto sists of: Moshier composed of: (1) An 465-foot overflow spillway section, shall be filed by Hearing Counsel and in­ earthfill dam 920 feet long (maximum topped with flashboards 9.6 inches terveners, if any, no later than close of height about 95 feet) with a 200-foot high; (2) a 104-acre reservoir at ele­ business August 7, 1967. An original and concrete gravity overflow spillway sec­ vation of 1076.6 feet, USGS datum; 15 copies of affidavits of fact, memoranda tion, topped by flashboards 2 feet high, (3) an intake structure with trash racks of law, and replies to be filed with the and a 53-foot nonoverflow concrete sec­ and 3 sliding timber gates; (4) an 18- Secretary, Federal Maritime Commis­ tion; (2) a 350-acre reservoir at eleva­ foot log sluice section; (5) a 9.5-foot sion, Washington, D.C. 20573. Copies of tion of 1,641 feet, USGS datum; (3) an diameter steel penstock 2,725 feet long any papers filed with the Secretary intake tower structure with trash racks and a steel surge tank; (6) an indoor should also be served upon all parties and two steel sliding gates 10 by 12 feet; powerhouse containing four generating hereto. Oral argument will be heard at a (4) a 9,367-foot, 10-foot diameter steel units with total capacity of 4,500 kw; time and place to be designated at a later and wood stave pipe conveyance system; and (7) appurtenant facilities. And Bel­ date. (5) a surge tank and two steel penstocks fort composed of: (1) A concrete gravity It is further ordered, That the French each about 70 feet long and 7 feet in di­ type dam about 205 feet long (maximum North-Atlantic Westbound Freight Con­ ameter; (6) an indoor powerhouse, con­ height about 15 feet) with a 160-foot ference and its member lines as indicated taining two generating units with total overflow spillway section; (2) a 39-acre in Attachment 5, are hereby made re­ capacity of 8,000 kw; and (7) appurte­ reservoir at elevation of 966 feet, USGS spondents in this proceeding. nant facilities. Eagle composed of: (1) A datum; (3) a 4.7 by 5.8-foot sluice way It is further ordered, That this order concrete gravity type dam about 320 feet with stop logs; (4) a forebay and an in­ be published in the F ederal R egister and long (maximum height about 25 feet) a copy of such order be served upon each with an overflow spillway section about take structure with trash racks and slid­ respondent. 180 feet long topped by flashboards 1- ing timber gates; (5) a 110-foot steel Persons other than respondents and foot high; (2) a 138-acre reservoir at penstock system; (6) an indoor power­ Hearing Counsel who desire to become a elevation of 1,425 feet, USGS datum; (3) house containing three generating units party to this proceeding shall file a peti­ a 20-foot wide gated log sluice section; with total capacity of 1,800 kw and (7) tion for leave to intervene in accordance (4) a headgate structure 46% feet long with Rule 5(1) (46 CFR 502.72) of the with four sliding log gates; T5) a forebay appurtenant facilities. Commission’s rules of practice and proce­ canal about 450 feet long; (6) a pen­ Protests or petitions to intervene may dure, no later than close of business July stock gate house structure with 3 sliding be filed with the Federal Power Commis­ 12, 1967, with copy to Respondent Con­ steel gates; (7) a 2,721-foot steel pen­ sion, Washington, D.C. 20426, in accord­ ference. stock; (8) an indoor powerhouse con­ ance with the rules of practice and By the Commission. taining four generating units with total procedure of the Commission (18 CFR 1-8 [ seal] T homas L i s i , capacity of 6,050 kw and (9) appurte­ or 1.10). The last day upon which pro­ Secretary. nant facilities. Soft Maple composed of: tests or petitions may be filed is August

FEDERAL REGISTER. VOL. 32. NO. 125— THURSDAY, JUNE 29, 1967 NOTICES 9257 7, 1967. The application is on file with International Trade In Cotton Textiles done the Commission for public inspection. a t Geneva on February 9, 1962, th e bilateral SECURITIES AND EXCHANGE cotton textile agreem ent of Ju n e 14, 1967 be­ G ordon M . G rant, Secretary. tween the Governments of the United States COMMISSION and Malta, and In accordance with the proce­ [F.R. Doc. 67-7340; Filed, Ju n e 28, 1967; dures outlined In Executive Order 11052 of SUBSCRIPTION TELEVISION, INC. 8:45 a.m.] Septem ber 28, 1962, as am ended by Executive Order Suspending Trading Order 11214 of April 7, 1965, you are directed to prohibit, effective as soon as possible and J u n e 23,1967. for the 12-month period beginning January 1, It is appearing to the Securities and INTERAGENCY TEXTILE 1967, and extending through December 31, Exchange Commission that the summary 1967, entry into th e U nited States for con­ suspension of trading in the common ADMINISTRATIVE COMMITTEE sumption and withdrawal from warehouse for stock, $1 par value of Subscription Tele­ CERTAIN COTTON TEXTILES AND consumption of cotton textiles and cotton vision, Inc., being traded otherwise than COTTON TEXTILE PRODUCTS PRO­ textile products in Categories 43, 51, and 60, on a national securities exchange is produced or manufactured in Malta, in excess required in the public interest and for DUCED OR MANUFACTURED IN the protection of investors; MALTA of the following designated adjusted levels of It is ordered, Pursuant to section re stra in t: 15(c) (5) of the Securities Exchange Act Entry and Withdrawal From Ware­ of 1934, that trading in such securities house for Consumption 12-month Adjusted otherwise than on a national securities -Category level of 12-month 1 J u n e 26, 1967. ' restraint level of exchange be summarily suspended, this On June 14, 1967, the U.S. Govern­ restraint order to be effective for the period June ment, in furtherance of the objectives 25,1967, through July 4,1967, both dates Dozen Dozen inclusive. of, and under the terms of, the Long 43 63,600 63,600 Term Arrangement Regarding Interna­ SI 22.500 22,500 By the Commission, tional Trade in Cotton Textiles done at 60 . 38.500 36,940 Geneva on February 9, 1962, concluded [ seal] O rval L. D u B o is , a comprehensive bilateral cotton textile « These levels of restraint have been adjusted to reflect Secretary. only those entries made prior to Apr. 1,1967. They have [F.R. Doc. 67-7352; Mled, Ju n e 28, 1967; agreement with the Government of not been adjusted to reflect entries made on or after that Malta concerning exports of cotton tex­ date. 8:46 a.m.] tiles and cotton textile products from Cotton textiles and cotton textile products Malta to the United States over a 4-year produced or manufactured in Malta and period beginning retroactively on Janu­ which have been exported to the United INTERSTATE COMMERCE ary 1, 1967. Under this agreement the States prior to January 1, 1967, shall n o t be COMMISSION Government of Malta has undertaken to subject to this directive. limit its exports to the United States of [Notice 1079] all cotton textiles and cotton textile The levels of restraint set forth above are products to an aggregate limit of 12,700,- subject to adjustment pursuant to the bi­ MOTOR CARRIER, BROKER, WATER 000 square yards equivalent for the first lateral agreem ent of Ju n e 14, 1967, betw een CARRIER AND FREIGHT FOR­ agreement year, beginning January 1, the Governments of the United States and WARDER APPLICATIONS 1967. Group limits are provided for in Malta which provides in part that within the agreement, and specific limits are the aggregate and applicable group limits, J u n e 23, 1967. provided for Categories 43, 51, and 60. limits on certain categories may be exceeded The following applications are gov­ The terms of the bilateral cotton textile by not more than 5 percent. Any adjust­ erned by Special Rule 1.2471 of the Com­ agreement of June 14, 1967, were pub­ ments provided for in the bilateral agree­ mission’s general rules of practice (49 lished in Department of State Press Re­ ment will be made in further directives to CFR, as amended), published in the F ed­ lease No. 142 of June 15, 1967. you, as may be appropirate. eral R egister issue of April 20, 1966, Accordingly, there is published below a A detailed description of the categories effective May 20, 1966. These rules pro­ in terms of T.S.U.S.A. numbers was published vide, among other things, that a protest letter of June 21, 1967, from the Chair­ to the granting of an application must be man of the President’s Cabinet Textile in th e F ederal Register on July 7, 1966 (31 filed with the Commission within 30 days Advisory Committee to the Commissioner F .R .9310). after date of notice of filing of the appli­ of Customs directing that the amounts of In carrying out the above directions, en­ cotton textiles and cotton textile prod­ cation is published in the F ederal R eg­ try into the United States for consumption is t e r . Failure seasonably to file a protest ucts in Categories 43, 51, and 60, produced shall be construed to include entry for con­ or manufactured in Malta, which may be will be construed as a waiver of opposi­ entered or withdrawn from warehouse sumption into the Commonwealth of Puerto tion and participation in the proceeding. for consumption in the United States for Rico. A protest under these rules should com­ the period beginning January 1,1967, and The actions taken with respect to the Gov­ ply with § 1.247(d) (3) of the rules of extending through December 31,1967, be ernment of Malta and with respect to im­ practice which requires that it set forth limited to designated levels. These levels ports of cotton textiles and cotton textile specifically the grounds upon which it is are subject to adjustment to implement products from Malta have been determined made, contain a detailed statement of any of the provisions of the agreement of by the President’s Cabinet Textile Advisory Protestant’s interest in the proceeding Committee to involve foreign affairs func­ (including a copy of the specific portions S tanley N ehm er, of its authority which protestant believes Chairman, Interagency Textile tions of the United States. Therefore, the to be in conflict with that sought in the Administrative Committee, directions to the Commissioner of Customs, application, and describing in detail the and Deputy Assistant Secre­ being necessary to the implementation of method—whether by joinder, interline, tary for Resources. such actions, fall within the foreign affairs or other means—by which protestant exception to the notice provisions of 5 T he Secretary of Commerce would use such authority to provide all U.S.C. 553. This letter will be published in or part of the service proposed), and shall President’s Cabinet T extile Advisory th e F ederal Register. specify with particularity the facts, mat­ Committee Sincerely yours, ters, and things relied upon, but shall not Washington, D.C. 20230 include issues or allegatibns phrased June 21, 1967. J. Herbert Hollomon, generally. Protests not in reasonable Commissioner of Customs, Acting Secretary of Commerce, and Department of the Treasury, Chairman, President’s Cabinet 1 Copies of Special Rule 1.247 (as amended) Washington, D.C. 20226. Textile Advisory Committee. can be obtained by writing to the Secretary, Dear Mr. Commissioner : Under the terms [F.R. Doc. 67-7386; Filed, Ju n e 28, 1967; Interstate Commerce Commission, Washing­ of the Long Term Arrangement Regarding 8:48 a.m.] ton, D.C.20423.

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 No. 125—P t. I----- 7 9258 NOTICES compliance with the requirements of the San Fernando, Calif., over California Pa. 17101. Authority sought to operate rules may be rejected. The original and Highway 14 to its junction with U.S. as a contract carrier, by motor vehicle, one copy of the protest shall be filed with Highway 395 near Invokem, Calif., over irregular routes, transporting: the Commission, and a copy shall be thence over U.S. Highway 395 to Bishop, Wood chips, from points in Kent and served concurrently upon applicant’s Calif., thence over U.S. Highway 6 to Sussex Counties, Del.; points in Acco­ representative, or applicant if no repre­ Basalt, Nev., thence over Nevada High­ mack and Northampton Counties, Va., sentative is named. If the protest includes way 10 to its junction with U.S. High­ and, points in Dorchester, Somerset, a request for oral hearing, such requests way 95 near Mina, Nev., and thence over Wicomico, Worcester, Talbot, Caroline, shall meet the requirements of § 1.247 U.S. Highway 95 to its junction with U.S. Queen Annes, Kent, St. Mary’s, Calvert, (d) (4) of the special rule, and shall in­ Highway 40, returning over the same Charles, Prince Georges, and Anne clude the certification required therein. route, serving no intermediate points, Arundel Counties, Md., to the plantsite Section 1.247(f) of the Commission’s as an alternate route for operating con­ of P. H. Glatfelter Co., Spring Grove, rules of practice further provides that venience only. Restricted against the Pa., restricted to transportation to be each applicant shall, if protests to its transportation of traffic originating at performed under contract with P. H. application have been filed, and within or destined to points in the State of Glatfelter Co., Spring Grove, Pa. Note: 60 days of the date of this publication, Nevada, except points on U.S. Highway If a hearing is deemed necessary, appli­ notify the Commission in writing (1) 95 between Winnemucca, Nev., and the cant requests it be held at Washington, that it is ready to proceed and prosecute Oregon-Nevada State line. N ote: Com­ D.C., or Harrisburg, Pa. the application, or (2) that it wishes to mon Control may be involved. If a hear­ No. MC 1323 (Sub-No. 3), filed June 9, withdraw the application, failure in ing is deemed necessary, applicant re­ 1967. Applicant: CHIEF TRANSFER & which the application will be dismissed quests it be held at Reno or Las Vegas, STORAGE, INC., 118 West I, Ogallala, by the Commission. Nev. Nebr. 69153. Applicant’s representative: Further processing steps (whether No. MC 493 (Sub-No. 5), filed June 13, Frank J. Mattoon, 907 Jackson Street, modified procedure, oral hearing, or 1967. Applicant: HYMAN MOTOR Sidney, Nebr. 69162. Authority sought to other procedures) will be determined SERVICE COMPANY, 425 South Sixth operate as a common carrier, by motor generally in accordance with the Com­ Street, Quincy, HI. 62302. Applicant’s vehicle, over irregular routes, transport­ mission’s General Policy Statement Con­ representative: R. W. Burgess, 8514 Mid­ ing: Used household goods, between cerning Motor Carrier Licensing Proce­ land Boulevard, St. Louis, Mo. 63114. points in Nebraska, on and west of High­ dures, published in the F ederal R egister Authority sought to operate as a com­ way 183, including Buffalo County, re­ issue of May 3, 1966. This assignment mon carrier, by motor vehicle, over reg­ stricted to shipments moving on the will be by Commission order which will ular routes, transporting: General com­ through bill of lading of a forwarder op­ be served on each party of record. modities, except those of unusual value, erating under the section 402(b) (2) ex­ The publications hereinafter set forth classes A and B explosives, livestock, emption, and further restricted to ship­ reflect the scope of the applications as household goods as defined by the Com­ ments having an immediately prior or filed by applicants, and may include mission, commodities in bulk and those subsequent line-haul movement by rail, descriptions, restrictions, or limitations requiring special equipment, serving the motor, water, or air. N o te: If a hearing which are not in a form acceptable to the plantsite of Missouri Farmers Associa­ is deemed necessary, applicant requests Commission. Authority which ultimately tion, Inc., adjacent to the Missouri Elec­ it be held at North Platte, Nebr., Chey­ may be granted as a result of the appli­ tric Co-operative, near Palmyra, Mo., enne, Wyo., or Denver, Colo. cations here noticed will not necessarily as an off-route point in connection with No. MC 1459 (Sub-No. 4) filed June 16, reflect the phraseology set forth in the applicants authorized regular-route op­ 1967. Applicant: ROYAL MOTOR EX­ application as filed, but also will elimi­ erations between Quincy, HI., and St. PRESS, INC., 410 West Silver Street, nate any restrictions which are not ac­ Louis, Mo. N o te: If a hearing is deemed Lebanon, Ohio. Applicant’s representa­ ceptable to the Commission. necessary, applicant requests it be held tive: Richard H. Brandon, 79 East State No. MC 263 (Sub-No. 178), filed June 9, at St. Louis, Mo., or Springfield, HI. Street, Columbus, Ohio 43215. Authority 1967. Applicant: GARRETT FREIGHT- No. MC 531 (Sub-No. 228), filed sought to operate as a contract carrier, LINES, INC., Post Office Box 4048, 2055 June 5, 1967. Applicant: YOUNGER by motor vehicle, over irregular routes, Garrett Way, Pocatello, Idaho 83201. BROTHERS, INC., 4904 Griggs Road, transporting: (1) Plastic articles, from Applicant’s representative: Maurice H. Houston, Tex. 77021; also Post Office Bryan, Ohio, to that part of Indiana and Greene, 334 First Security Bank Build­ Box 14287, Houston, Tex. 77021. Appli­ Hlinois which is bounded by a line be­ ing, Boise, Idaho 83701. Authority cant’s representative: Wray E. Hughes ginning at Gary, Ind., thence along In­ sought to operate as a common carrier, (same address as applicant) . Authority diana Highway 53 to junction U.S. High­ by motor vehicle, over regular routes, sought to operate as a common carrier, way 30, thence along U.S. Highway 30 to transporting: General commodities (ex­ by motor vehicle, over irregular routes, junction Sauk Trail Road, thence along cept livestock, household goods as de­ transporting: Alcohol and alcoholic Sauk Trail Road to junction U.S. High­ fined by the Commission, commodities liquors, in bulk, in tank vehicles, (1) from way 1A, thence along U.S. Highway 1A in bulk, commodities requiring special ports of entry into the United States to junction Interstate Highway 294, equipment, and those injurious or con­ located in Massachusetts, Rhode Island, thence along Interstate Highway 294 to taminating to other lading), (1) be­ Connecticut, New York, New Jersey, junction Hlinois Highway 58, thence tween the junction of U.S. Highways 91 Pennsylvania, Delaware, Maryland, and along Hlinois Highway 58 to Lake Michi­ and 93 approximately 20 miles northeast Virginia to Peoria and Pekin, 111., San gan, and (2) materials, equipment, and of North Las Vegas, Nev., and the junc­ Francisco and Union City, Calif., and supplies used in the manufacture, pack­ tion of U.S. Highway 93 with Nevada ports of entry on the international ing, and shipping of plastic articles, from State Highway 7, over U.S. Highway boundary line between the United States the above-described area and from Lake 93, serving no intermediate points, as an and Canada located in Michigan, (2) Zurich, HI., to Bryan, Ohio, restricted alternate route for operating conven­ from Louisville and Lawrenceburg, Ky., against commodities in bulk, and re­ ience only. (Nevada Highway 7 was and Muscatine, Iowa, to Seattle, Wash., stricted to service by towing shipper-sup­ formerly U.S. Highway 93. Applicant and San Francisco, C^lif., and (3) from plied semitrailers or trailers, under con­ presently has authority to operate over Atchison, Kans., to Seattle, Wash. N o te: tract with the Standard Oil Co. and its U.S. Highway 93 between Glendale Common control may be involved. If wholly owned subsidiaries. N ote: If a Junction and Wells, Nev.) (2) Between a hearing is deemed necessary, applicant hearing is deemed necessary, applicant the junction of U.S. Highway 99 and requests it be held at Chicago, 111. requests it be held at Columbus, Ohio. California Highway 14 at or near San No. MC 694 (Sub-No. 5) filed No. MC 1936 (Sub-No. 26), filed Fernando, Calif., and the junction of June 5, 1967. Applicant: CLETUS E. June 16, 1967. Applicant: B & P MOTOR U.S. Highway 40 and 95 near Lovelock, MUMMERT, East Berlin, Pa. 17316. Ap­ EXPRESS, INC., 720 Gross Street, Pitts­ Nev., from the junction of U.S. Highway plicant’s representative: Christian V. burgh, Pa, 15224. Applicant’s representa­ 99 and California Highway 14 at or near Graf, 407 North Front Street, Harrisburg, tive: John A. Vuono, 1515 Park Building,

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 NOTICES 9259 Pittsburgh, Pa. 15222. Authority sought restriction as it presently exists, to apply Suite 1700, 1 Woodward Avenue, De­ to operate as a common carrier, by in the instant application. Note: If a troit, Mich. 48226. Authority sought to motor vehicle, over regular routes, hearing is deemed necessary, applicant operate as a common carrier, by motor transporting: General commodities (ex­ requests it be held at Memphis, Tenn., vehicle, over regular routes, transport­ cept those of unusual value, classes A or Houston, Tex. ing: General commodities (except those and B explosives, livestock, household No. MC 9444 (Sub-No. 6), filed June 5, of unusual value, classes A and B explo­ goods as defined by the Commission, 1967. Applicant: BILOXI TRANSFER & sives, household goods as defined by the commodities in bulk, and those requiring STORAGE CO., INC., 440 Reynoir Street, Commission, commodities in bulk, and special equipment), serving the plantsite Post Office Box 361, Biloxi, Miss. 39533. those requiring special equipment), serv­ of Ford Motor Co., Van Dyke and 18 Applicant’s representative: Frank C. ing the plantsite of Ford Motor Co., Mile Road, Sterling Township, Macomb Wentzell, Post Office Box 361, Biloxi, Sterling Township, Macomb County, County, Mich., as an off-route point in Miss. 39533. Authority sought to operate Mich., as an off-route point in connec­ connection with applicant’s regular route as a common carrier, by motor vehicle, tion with authorized service at Detroit, operations to and from Detroit, Mich. over irregular routes, transporting: Mich. No te: Applicant states that tack­ Note: If a hearing is deemed necessary, Household goods, as defined by the Com­ ing would take place at Detroit, Mich., applicant requests it be held at Detroit, mission, for exempt forwarders, between in conjunction with its presently held Mich., or Washington, D.C. Biloxi, Miss., on the one hand, and, on authority. If a hearing is deemed nec­ No. MC 2153 (Sub-No. 39), filed the oilier, points in that part of Missis­ essary, applicant requests it be held at June 5, 1967. Applicant: MIDWEST sippi on and south of U.S. Highway 80, Lansing, Mich. MOTOR EXPRESS, INC., 1205 Front restricted to traffic having a prior or No. MC 35320 (Sub-No. 96), filed June Avenue, Bismark, N. Dak. Applicant’s subsequent out-of-State movement. 5, 1967. Applicant: T. I. M. E. FREIGHT, representative: James F. Greenstein, 112 No t e : If a hearing is deemed necessary, INC., 2598 74th Street, Post Office Box East Sixth Street, St. Paul, Minn. 55101. applicant does not specify a location. 1120, Lubbock, Tex. 79408. Applicant’s Authority sought to operate as a com­ No. MC 17000 (Sub-No. 7), filed representative: Frank M. Garrison, Post mon carrier, by motor vehicle, over ir­ June 5, 1967. Applicant: HOHENWALD Office Box 1120, Lubbock, Tex. 79408. regular routes, transporting: Empty TRUCK LINES, INC., 107 Mill Street, Authority sought to operate as a com­ cheese drums and cheese packaging Hohenwald, Tenn. Applicant’s repre­ mon carrier, by motor vehicle, over regu­ supplies, cheese in metal drums or other sentative: Robert H. Cowan, 500 Court lar routes, transporting: General com­ packages, from Hutchinson and New Square Building, Nashville, Tenn. 37201. modities, except classes A and B explo­ Ulm, Minn., to points in North Dakota, Authority sought to operate as a common sives, livestock, articles of unusual value, and return over the same route: N o te: carrier, by motor vehicle, over regular commodities in bulk, and those requiring If a hearing is deemed necessary, appli­ routes, transporting: General commodi­ special equipment, from Atlanta, Ga.y♦ cant requests it be held at Minneapolis, ties, except those of unusual value, over U.S. Highway 278 to junction U.S. Minn,, or Madison, Wis. classes A and B explosives, household Highway 231, thence over U.S. Highway No. MC 2202 (Sub-No. 320), filed June goods as defined by the Commission, 231 to junction Alabama Highway 67, 6, 1967. Applicant: ROADWAY EX­ commodities in bulk, and those requiring thence over Alabama Highway 67 to PRESS, INC., 1077 Gorge Boulevard,Rost special equipment, between Nashville, junction U.S. Highway 31, thence over Office Box 471, Akron, Ohio 44309. Appli­ Tenn., and intersection of Interstate U.S. Highway 31 to junction Alternate cant’s representatives: William O. Tur­ Highway 65 and Tennessee Highway 99 U.S. Highway 72, Decatur, Ala., thence ney, 2001 Massachusetts Avenue NW., over said Interstate Highway 65 to the over Alternate U.S. Highway 72 to junc­ Washington, D.C. 20036, and Douglas extent same is available for use and in tion U.S. Highway 72 near Tuscumbia, Faris (same address as applicant). the future over such additional sections Ala., thence over U.S. Highway 72 to Authority sought to operate as a com­ of said Interstate Highway 65 as same Memphis, Tenn., and return over the mon carrier, by motor vehicle, over become available for use, with authority same route, serving no intermediate irregular routes, transporting: General to enter, leave and reenter said Inter­ points as an alternate route for operat­ commodities (except those of unusual state Highway 65 at such interchanges, ing convenience only. N ote: Applicant value, classes A and B explosives, live­ crossings and traversing such highways states that no duplicating authority is stock, household goods as defined by as is necessary to connect with appli­ being sought. If a hearing is deemed nec­ the Commission, commodities in bulk cants’ presently authorized route, to be essary, applicant requests it be held at and those requiring special equip­ used for operating convenience only, Atlanta, Ga., or Memphis, Tenn. ment), between Memphis, Tenn., and serving no intermediate points. N ote: If No. MC 42487 (Sub-No. 673), filed Lufkin, Tex., from Memphis over U.S. a hearing is deemed necessary, applicant June 13, 1967. Applicant: CONSOLI­ Highway 79 to junction U.S. Highway requests it be held at Nashville, Tenn. DATED FREIGHTWAYS CORPORA­ 167, thence over U.S. Highway 167 to No. MC 27817 (Sub-No. 69), filed TION OF DELAWARE, 175 Linifield junction Louisiana Highway 9, thence June 16,1967. Applicant: H. C. GABLER, Drive, Menlo Park, Calif. 94024. Appli­ over Louisiana Highway 9 to junction INC., Rural Delivery No. 3, Chambers- cant’s representative: V. R. Oldenburg, U.S. Highway 79, thence over US. High­ burg, Pa. 17201. Applicant’s representa­ 7101 South Cicero Avenue, Post Office way 79 to junction U.S. Highway 171, tive: Christian V. Graf, 407 North Front Box 5138, Chicago, 111. 60680. Authority thence over U.S. Highway 171 to junction Street, Harrisburg, Pa. 17101. Authority sought to operate as a common carrier, Louisiana Highway 5, thence over Louisi­ sought to operate as a common carrier, by motor vehicle, over regular routes, ana Highway 5 to junction U.S. Highway by motor vehicle, over irregular routes, transporting: General commodities (ex­ 84, thence over US. Highway 84 to junc­ transporting: Canned goods, from points cept those of unusual value, classes A tion Texas Highway 7, thence over Texas in Morgan County, W. Va. to points in and B explosives, household goods as Highway 7 to junction U.S. Highway 59, Pennsylvania, New Jersey, New York, defined by the Commission, commodities thence over U.S. Highway 59 to Lufkin Maryland, Virginia, Delaware, and the in bulk, and commodities requiring spe­ and return over the same route, serving District of Columbia. N o te: Common cial equipment), serving the plantsite of no intermediate points, as an alternate control may be involved. Applicant states the Ford Motor Co., located at Van Dyke route for operating convenience only and that tacking would be possible at points and 18 Mile Road, Sterling Township, serving Lufkin for the purpose of joinder in Adams, York, and Franklin Counties, Mich., as an off-route point in connec­ only, in connection with its regular route Pa., so as to permit service to points in tion with applicant’s present operations operation between Greenville, Miss., and Rhode Island, Massachusetts, and Con­ to and from Detroit, Mich. N ote: If a Kinder, La., which is restricted against necticut. If a hearing is deemed neces­ hearing is deemed necessary, applicant the use of the route for the transporta­ sary, applicant requests it be held at does not specify a location. tion of shipments originating at, destined Washington, D.C., or Harrisburg, Pa. No. MC 50069 (Sub-No. 380), filed to, or interchanged at, Memphis, Tenn., No. MC 28658 (Sub-No. 14), filed June June 9, 1967. Applicant: REFINERS points in the Memphis, Tenn., commer­ 9, 1967. Applicant: INTER-CITY TRANSPORT & TERMINAL CORPO­ cial zone, as defined by the Commission TRUCKING SERVICE, INC., 14333 God­ RATION, 930 North York Road, Hins­ or points in Alabama or Mississippi. Ap­ dard Street, Detroit, Mich. 48212. Appli­ dale, HI. Applicant’s representative: plicant states it is willing to have the cant’s representative: Robert D. Schuler, Robert H. Levy, 29 South La Salle Street,

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9260 NOTICES Chicago, HI. 60603. Authority sought to classes A and B explosives, household June 23, 1966, and July 9, 1966, under operate as a common carrier, by motor goods as defined by the Commission, No. MC 125364 (Sub-No. 3), and re­ vehicle, over irregular routes, transport­ commodities in bulk, and those requiring published this issue. Applicant: MIS­ ing: Fertilizer solution, from the plant- special equipment), serving the plant fa­ SOURI VALLEY EXPRESS, INC., Box sites of the Occidental Agricultural cilities of Ford Motor Co., located at Van 78, South Omaha Station, 4434 Bucking­ Chemicals Corp. located at or near Dyke and 18 Mile Road in Sterling ham, Omaha, Nebr. 68508. Applicant’s Kenton and South Solon, Ohio, to points Township, Mich., as an off-route point representative: Donald E. Leonard, Box in Fulton County, Ind. N ote: Common in connection with carriers presently 2028, Lincoln, Nebr. 68501. Authority control and dual operations may be in­ authorized regular route operations to sought to operate as a contract carrier, volved. If a hearing is deemed necessary, and from Detroit, Mich. N ote: If a by motor vehicle, over irregular routes, applicant requests it be held at Chicago, hearing is deemed necessary, applicant transporting: Meats, meat products, and HI. requests it be held at Detroit or Lansing, meat byproducts, and dairy products, as No. MC 52579 (Sub-No. 75), filed Mich. * described in sections A and B of appen­ June 15, 1967. Applicant: GILBERT No. MC 56409 (Sub-No. 5), filed June dix I to the Report in Descriptions in CARRIER CORP., 441 Ninth Avenue, 19, 1967. Applicant: MAJOR TRANS­ Motor Carrier Certificates, 61 M.C.C. 209 New York, N.Y. 10001. Applicant’s rep­ PORT, INC., Post Office Box 204, Pal­ and 766 (except commodities in bulk, in resentative: Irving Klein, 280 Broadway, myra, Wis. Applicant’s representative: tank vehicles) from Sioux City, Iowa, to New York, N.Y. 10007. Authority sought John T. Porter, 1 South Pinckney Street, New York, N.Y., under continuing con­ to operate as a common carrier, by motor Madison, Wis. 53703. Authority sought tract with Iowa Beef Packers, Inc. (suc­ vehicle, over irregular routes, transport­ to operate as a common'carrier, by motor cessor in-interest to Sioux Quality ing: Wearing apparel, loose on hangers, vehicle, over irregular routes, transport­ Packers, Inc., Sioux City, Iowa). Note: and materials and supplies used in ing: Dry fertilizer and fertilizer ma­ The purpose of this republication is to the manufacture thereof, (1) between terials, (1) from Whitewater, Wis., to show that the above-named applicant Thomson, Ga., on the one hand, and, on points in Illinois (except those on and has been substituted in lieu of CAREL the other, Ripley, Term., Hialeah and north of U.S. Highway 30), Indiana, TRUCKING CORP., No. MC 125364 Miami, Fla.; (2) between Nicholls, Ga., Iowa, Michigan, and Minnesota and (2) (Sub-No. 3). If a hearing is deemed on the one hand, and, on the other, from Fulton, 111., to points in Wisconsin necessary, applicant requests it be held Clinton and Wallace, N.C.; and (3) be­ (except those in Jefferson, Walworth, at Omaha, Nebr., or Sioux City, Iowa. tween Spartanburg, S.C., on the one and Waukesha Counties). N o te: If a No. MC 61396 (Sub-No. 188), filed hand, and, on the other, Alma and hearing is deemed necessary, applicant June 7, 1967. Applicant: HERMAN Nicholls, Ga. N o te: Applicant states it requests it be held at Madison, Wis. BROS., INC., 2501 North llth Street, intends to tack at Spartanburg, S.C., to No. MC 59336 (Sub-No. 19), filed June Omaha, Nebr. 68110. Applicant’s repre­ serve points in presently authorized au­ 12, 1967. Applicant: U.S. TRUCK COM­ sentative: Donald L. Stem; 630 City thority. If a hearing is deemed necessary, PANY, INC., 2290 24th Street, Detroit, National Bank Building, Omaha, Nebr. applicant requests it be held at New Mich. 48216. Applicant’s representative: 68102. Authority sought to operate as a York, N.Y., or Newark, N.J. Wilber M. Brucker, Jr., 2200 Penobscot common carrier, by motor vehicle, over No. MC 52751 (Sub-No. 76), filed Building, Detroit, Mich. 48226. Authority irregular routes, transporting: Cement, June 14, 1967. Applicant: ACE LINE, sought to operate as a common carrier, between points in Kansas, Missouri, INC., 4143 East 43d Street, Des Moines, by motor vehicle, over regular routes, Nebraska, Iowa, South Dakota, and Iowa 50317. Applicant’s representative: transporting: General commodities (ex­ Minnesota, restricted to shipments hav­ William A. Landau, 1307 East Walnut cept those of unusual value, classes A and ing prior rail movements from plantsites Street, Des Moines, Iowa 50306. Au­ B explosives, household goods, as defined and shipping origins of Ash Grove Lime thority sought to operate as a common by the Commission, commodities in bulk, & Portland Cement Co. and Ideal Cement carrier, by motor vehicle, over irregular and those requiring special equipment), Co. N o te: If a hearing is deemed neces­ routes, transporting: High density con­ serving the Ford Motor Co., Sterling Van sary, applicant requests it be held at crete, containing iron ore and Portland Dyke Plant, Sterling Township, Mich., Omaha, Nebr., Denver, Colo., or Kansas cement, in bags, from West Des Moines, as an off-route point in connection with City, Mo. Iowa, to Ripon, Wis. N ote: If a hearing its regular route operations. No t e: If a No. MC 61484 (Sub-No. 17), filed May is deemed necessary, applicant requests hearing is deemed necessary, applicant 31, 1967. Applicant: BUSH MOTOR it be held at Des Moines, Iowa. requests it be held at Detroit or Lansing, FREIGHT, INC., 327 West Avenue, Le­ No. MC 52751 (Sub-No. 77), filed Mich. . noir, N.C. Applicant’s representative: June 15, 1967. Applicant: ACE LINES, No. MC 59457 (Sub-No. 11), filed June James E. Wilson, 1735 K Street NW., INC., 4143 East 43d Street, Des Moines, 2, 1967. Applicant: SORENSEN TRANS­ Washington, D.C. 20006. Authority Iowa 50305. Applicant’s representative: PORTATION COMPANY, INC., Old sought to operate as a common carrier, William A. Landau, 1307 East Walnut Amity Road, Bethany, Conn. Applicant’s by motor vehicle, over irregular routes, Street, Des Moines, Iowa 50306. Au­ representative: Thomas W. Murrett, 410 transporting: General commodities, ex­ thority sought to operate as a common Asylum Street, Hartford, Conn. 06103. cept those of unusual value, and except carrier, by motor vehicle, over irregular Authority sought to operate as a com­ dangerous explosives, household goods routes, transporting: Lumber, from mon carrier, by motor vehicle, over ir­ as defined in Practices of Motor Common points in Lawrence, Pennington, Meade; regular routes, transporting: (1) Fertil­ Carriers of Household Goods. 17 M.C.C. and Custer Counties, S. Dak., to points izer, fertilizer materials, insecticides, 467, commodities in bulk, and those re­ in Kansas, Missouri, and Nebraska. pesticides, and related advertising ma­ quiring special equipment, between Le­ N ote : Applicant states it intends to tack terials, when moving at the same time noir, and Newton-Conover, N.C., on the at Council Bluffs, Iowa, to provide serv­ and in the same vehicle, from Albany one hand, and, on the other, points in ice at Omaha, Nebr., and points within and Millerton, N.Y., to points in Con­ Virginia (except from Richmond), Roa­ 10 miles thereof. If a hearing is deemed necticut, (2) the same commodities speci­ noke, and Norfolk, Va., Maryland (ex­ necessary, applicant requests it be held fied in (1) above, in bulk, in dump trail­ cept from Baltimore), Pennsylvania (ex­ at Des Moines, Iowa. ers, from Wilmington, Del., and Balti­ cept from Philadelphia), Delaware, New No. MC 55896 (Sub-No. 30), filed more, Md., to points in Connecticut, and Jersey, the District of Columbia, and June 19,1967. Applicant: R-W SERVICE (3) animal, bird, fish, and poultry feed points in New York within the New York, SYSTEM, INC., 4840 Wyoming Avenue, and ingredients, from Albany and Wav- commercial zone as defined by the Com­ Dearborn, Mich. 48126. Applicant’s rep­ erly, N.Y., to points in Connecticut. N o te: mission (except from New York City). Applicant states that no duplicating au­ N o te: Applicant states that it proposes resentative: Robert A. Sullivan, 1800 thority is being sought. If a hearing is Buhl Building, Detroit, Mich. 48226. deemed necessary, applicant requests it to tack with its existing authority for Authority sought to operate as a com­ be held at Hartford, N.Y. purposes of providing a through service. mon carrier, by motor vehicle, over reg­ No. MC 59694 (Sub-No. 3), (Amend­ Applicant further states that by this ular routes, transporting: General com­ ment substitution), filed May 9, 1966, application it seeks to substitute a gate­ modities (except those of unusual value, published F ederal R egisters, issues of way at Lenoir or Newton-Conover for the

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 NOTICES 9261 one at Boone, N.C., and thus obviate the thority sought to operate as a common cant’s representative: Donald L. Stem, necessity of traversing the 8-mile stretch carrier, by motor vehicle, over regular 630 City National Bank Building, Omaha, of U,S. Highway 221 between Blowing routes, transporting: General commodi­ Nebr. Authority sought to operate as a Rock and Boone, N.C., which is a hard ties (except those of unusual value, common carrier, by motor vehicle, over surface, medium duty, two-lane highway classes A and B explosives, household irregular routes, transporting: Steel bar characterized by steep grades and tortu­ goods as defined by the Commission, joists and accessories, from Norfolk, ous turns, and the 10-mile stretch of U.S. commodities in bulk, and those requiring Nebr., and points within 1 mile thereof, Highway 221 running southeast from special equipment), serving the plantsite to points in Upper'Peninsula of Michi­ Blowing Rock en route to Lenoir. If a of Ford Motor Co., located at Van Dyke gan, Wisconsin, Illinois, Indiana, Mis­ hearing is deemed necesary, applicant and 18 Mile Road, Sterling Township, souri, Iowa, Minnesota, North Dakota, requests it be held at Washington, D.C. Macomb County, Mich., as an off-route South Dakota, Nebraska, Kansas, Okla­ No. MC 64932 (Sub-No. 437), filed June point in connection with authorized homa, Texas, New Mexico, Colorado, 12,1967' Applicant: ROGERS CARTAGE service at Detroit, Mich. N o te: If a Wyoming, Montana, Idaho, Utah, Ari­ CO., a corporation, 1439 West 103d hearing is deemed necessary, applicant zona, Nevada, California, Oregon, and Street, Chicago, HI. 60643. Applicant’s requests it be held at Lansing, Mich. Washington. N ote: If a hearing is representative: Carl L. Steiner, 39 South No. MC 71096 (Sub-No. 59), filed June deemed necessary, applicant requests it La Salle Street, Chicago, 111. 60603. Au­ 13, 1967. Applicant: NORWALK TRUCK be held at Omaha, Nebr., or Kansas City, thority sought to operate as a common LINES, INC., 180 Milan Avenue, Nor­ Mo. carrier, by motor vehicle, over irregular walk, Ohio 44857. Applicant’s represent­ No. MC 83539 (Sub-No. 213), filed routes, transporting: Core oil and resins, ative: Marion M. Emery (same address June 9, 1967. Applicant: C & H TRANS­ in bulk, in tank vehicles, from Misha­ as applicant). Authority sought to op­ PORTATION CO., INC., 1935 West waka, Ind., to points in Illinois, Iowa, erate as a common carrier, by motor ve­ Commerce Street, Dallas, Te* 75222. Michigan, Minnesota, Missouri, Ohio, hicle, over regular routes, transporting: Applicant’s representative: W. T. Brun­ Pennsylvania, New York, and Wisconsin. General commodities (except those of son, 419 Northwest Sixth Street, Okla­ Note: If a hearing is deemed necessary, unusual value, classes A and B explo­ homa City, Okla. 73102. Authority sought applicant requests it be held at Chicago, sives, livestock, automobiles, household to operate as a common carrier, by motor 111. goods as defined by the Commission, vehicle, over irregular routes, transport­ No. MC 64932 (Sub-No. 438), filed June commodities in bulk, and those requiring ing: Asbestos cement pipe, conduit and 12,1967. Applicant: ROGERS CARTAGE special equipment), serving the plant- couplings, rings, or fittings and acces­ CO., a corporation, 1439 West 193d site of Ford Motor Co. located at or near sories necessary for installation thereof Street, Chicago, 111. 60643. Applicant’s Van Dyke and 18 Mile Road, Sterling when moving in connection therewith, representative: Carl L. Steiner, 39 South Township, Mich., as an off-route point from St. Louis, Mo., to points in the La Salle Street, Chicago, HI. 60603. Au­ in connection with applicant’s presently United States (except Alaska, Arizona, thority sought to operate as a common authorized regular route operations to California, Connecticut, Hawaii, Idaho, carrier, by motor vehicle, over irregular and from Detroit, Mich. N ote: If a hear­ Maine, Massachusetts, Missouri, Nevada, routes, transporting: Liquid chemicals > ing is deemed necessary, applicant did New Hampshire, Oregon, Rhode Island, (except liquid hydrogen, liquid nitrogen, not specify location. Utah, Vermont, and Washington). No te: and liquid oxygen), in bulk, in tank ve­ No. MC 72140 (Sub-No. 53), filed June If a hearing is deemed necessary, appli­ hicles, from St. Charles, Mo., and points 4, 1967. Applicant: SHIPPERS DIS­ cant requests it be held at Washington, within 5 miles thereof, to points in Ar­ PATCH, INC., 1216 West Sample Street, D.C. kansas, Arizona; California, Colorado, South Bend, Ind. 46624. Applicant’s rep­ No. MC 87720 (Sub-No. 66), filed Idaho, Hlinois, Indiana, Iowa, Kansas, resentative: Robert D. Schuler, Suite June 7, 1967. Applicant: BASS TRANS­ Kentucky, Michigan, Minnesota, Mon­ 1700,1 Woodward Avenue, Detroit, Mich. PORTATION CO., INC., Old Croton tana, Nebraska, New Mexico, Nevada, 48226. Authority sought to operate as a Road, Flemington, N.J. 08822. Appli­ North Dakota, Ohio, Oklahoma, Oregon, comrfion carrier, by motor vehicle, over cant’s representative: Bert Collins, 140 South Dakota, Texas (except Harris regular routes, transporting: General Cedar Street, New York, N.Y. 10006. Au­ County), Utah, Washington, Wisconsin, commodities, except those of unusual thority sought to operate as a contract and Wyoming. N ote: If a hearing is value, classes A and B explosives, house­ carrier, by motor vehicle, over irregular deemed necessary, applicant requests it hold goods as defined by the Commission, routes, transporting: (1) Hard rubber be held at Chicago, HI., or St. Louis, Mo. commodities in bulk, and those requiring scrap-pulverized, scrap rubber, in con­ No. MC 64994 (Sub-No. 95), filed special equipment, serving the plantsite tainers, between Dorset, Ohio, on the one June 14, 1967. Applicant: HENNIS of Ford Motor Co., Sterling Township, hand, and, on the other, points in Mas­ FREIGHT LINES, INC., Post Office Macomb County, Mich., as an off-route sachusetts, Rhode Island, Connecticut, Box 612, Winston-Salem, N.C. 27102. point in connection with authorized New York, New Jersey,. Pennsylvania, Applicant’s representatives: Frank C. service at Detroit, Mich. N ote: If a hear­ Delaware, Maryland, and the District of Phillips, Post Office Box 612, Winston- ing is deemed necessary, applicant re­ Columbia: (2) plastic material such as Salem, N.C. 27102, and James E. quests it be held at Lansing, Mich. flakes, granules, lumps, pellets, powder, Wilson, 1735 K Street NW., Wash­ No. MC 78643 (Sub-No. 56), filed solid mass, plastic scrap; scrap rubber, ington, D.C. 20006. Authority sought June 15, 1967. Applicant: HART MO­ reclaimed rubber, crude and synthetic to operate as a common carrier, by TOR EXPRESS, INC., 2417 North Cleve­ rubber, in containers, between Akron, motor vehicle, over irregular routes, land, St. Paul, Minn. 55113. Applicant’s Ohio, on the one hand, and, on the other, transporting: Drugs, medicines, or hos­ representative: Donald A. Morken, 1000 the above-described destination terri­ pital supplies, solutions or distilled water, First National Bank Building, Minne­ tory; (3) plastic materials, such as flakes, intravenous; distilled water, plain or sa­ apolis, Minn. 55402. Authority sought to granules, lumps, pellets, powder, solid line; solutions, nutritional or anticoagu­ operate as a common carrier, by motor mass, plastic scrap; synthetic rubber, in lant and expendable administration sets, vehicle, over irregular routes, transport­ containers, between Bellevue and Stry­ from the plantsite of McGaw Laborato­ ing: (1) Empty cheese drums arid cheese ker, Ohio, on the one hand, and, on the ries, Inc., located at or near Milledge- packaging supplies, from Hutchinson and other, the above-described destination ville, Ga., to Chicago, HI., Columbus, New Ulm, Minn., to points in North territory; (4) materials, supplies and Ohio, and Pittsburgh, Pa. N ote: If a Dakota, and (2) cheese in metal drums equipment (except in bulk), as used in hearing is deemed necessary, applicant and other packages, from points in North the manufacture, purchase, distribution requests it be held at Atlanta, Ga., or Dakota to Hutchinson and New Ulm, and sale of the aforementioned com­ Washington, D.C. Minn. N ote: If a hearing is deemed nec­ modities, between the aforedescribed No. MC 67818 (Sub-No. 76), filed June essary, applicant requests it be held at destination territory, on the one hand, 5, 1967. Applicant: MICHIGAN EX­ Minneapolis, Minn. and, on the other, Dorset, Akron, Belle­ PRESS, INC., 1122 Freeman SW., Grand No. MC 82841 (Sub-No. 32), filed Rapids, Mich. Applicant’s representa­ June 5, 1967. Applicant: R. D. TRANS­ vue, and Stryker, Ohio, under contract tive: Robert D. Schuler, Suite 1700, 1 FER, INC., 801 Livestock Exchange with A. Schulman, Inc., of Akron, Ohio. Woodward Avenue, Detroit, Mich. Au­ Building, Omaha, Nebr. 68100. Appli­ N o te: If a Hearing is deemed necessary,

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9262 NOTICES applicant requests it be held at Wash­ homa City, Okla. 73102. Authority sought poration, 15 West Dover Street, Water- ington, D.C., or New York, N.Y. to operate as a common carrier* by motor bury, Conn. 06720. Applicant’s repre­ No. MC 94265 .(Sub-No. 2031, filed vehicle, over irregular routes, transport­ sentative: S. Harrison Kahn, Suite 733, June 13, 1967. Applicant: BONNEY ing: Plastic pipe, tubing, conduit, valves Investment Building, Washington, D.C. MOTOR EXPRESS, INC., Post Office and fittings, compound joint sealer, 20005. Authority sought to operate as a Box 12388, Thomas Comer Station, Nor­ bonding cement, and accessories and common carrier, by mote«: vehicle, over folk, Va. Applicant’s representative: tools used in the installation of such irregular routes, transporting: News­ Wilmer B. Hill, 529 Transportation products, from Terre Haute, Ind., to papers, newspaper supplements, adver­ Building, Washington, D.C. 20006. Au­ points in Alabama, Arkansas, Florida, tising matter, books, magazines, periodi­ thority sought to operate as a common Georgia, Kansas, Kentucky, Louisiana, cals, song sheets, sheet music, comics, carrier, by motor vehicle, over irregular Mississippi, Missouri, Oklahoma, South comic' sheets, and shopping news, be­ routes, transporting: Foodstuffs, from Carolina, Tennessee, and Texas. N o t e : tween New York, N.Y., and its commer­ Suffolk, Va., to points in Arkansas, Illi­ Applicant indicated tacking possibilities cial zone as defined by the Interstate nois, Indiana, Iowa, Kansas, Kentucky, at Little Rock, Ark. If a hearing is Commerce Commission, and Spring Michigan, Minnesota, Missouri, Ohio, deemed necessary, applicant requests it Valley, N.Y. N o t e : Applicant states it Tennessee, Texas, and Wisconsin. N o t e : be held at Little Rock, Ark., or Indian-^ intends to tack at points in the New If a hearing is deemed necessary, appli­ apolis, Ind. York, N.Y., commercial zone to serve cant requests it be held at Washington, No. MC 101898 (Sub-No. 3), filed points in Northern New Jersey Counties D C., or New York, N.Y. June 9, 1967. Applicant: ALLEN EYE and points in Connecticut on and west No. MC .98088 (Sub-No. 19), filed and STANLEY LEWIS CRAIG, a part­ of the east bank of the Connecticut June 12, 196T. Applicant: UNDLEY nership, doing business as EYE and River. If a hearing is deemed necessary, TRUCKING SERVICE INC., 1701 Grand CRAIG TANSFER, Franklin, W. Va. applicant requests it be held at New Avenue, Granite City, HI. Applicant's 26807. Authority sought to operate as a York, N.Y. representative: Dale Woodall, 900 Mem­ common carrier, by motor vehicle, over No. MC 103993 (Sub-No. 288) , filed phis Bank Building, Memphis, Tenn. irregular routes, transporting: Poultry May 22, 1967. Applicant: MORGAN 38103. Authority sought to operate as a feeds and livestock feeds and grains, in DRIVE-AWAY, INC., 2800 West Lexing­ common carrier, by motor vehicle, over bulk, between Harrisonburg, Va., and ton Avenue, Elkhart, Ind. 46514. Appli­ irregular routes, transporting: (1) Pre­ points in Pendleton, Hardy and Grant cant’s representative: Robert G. Tessar fabricated metal buildings, knocked Counties, W. Va., and Highland County, (same address as applicant). Authority down, prefabricated metal building sec­ Va., by route of Pendleton County, W. sought to operate as a common carrier, tions, knocked down, component parts Va. N o j’e : Applicant indicates tacking by motor vehicle, over irregular routes* thereof, equipment, materials and sup­ possibilities that would include the whole transporting: Trailers, designed to be plies used in the installation, construc­ county, instead of just a portion (Pendle­ drawn by passenger automobiles, from tion, and erection thereof, except metal ton County) and add some surrounding points in Lee County, Miss., to points in buildings which are designed to be counties. IF a hearing is deemed neces­ the United States (except Alaska and drawn by passenger vehicles, and com­ sary, applicant requests it be held at Hawaii). N o t e : If a hearing is deemed modities which because of their size or Richmond or Harrisonburg, Va. necessary, applicant requests it be held weight require special equipment or spe­ No. MC 103435 (Sub-No. 197), filed at Memphis, Tenn., or Jackson, Miss. cial handling, from Evansville, Wis., to June 8, 1967. Applicant: UNITED- No, MC 103993 (Sub-No. 290), filed points in Iowa, Illinois, Nebraska, Kan­ BUCKINGHAM FREIGHT LINES, a June 6, 1967. Applicant: MORGAN sas, Missouri, Oklahoma, New Mexico, corporation, East 4005 Broadway, Spo­ DRIVE-AWAY, INC., 2800 West Lexing­ Arizona, Texas, Louisiana, Arkansas, kane, Wash. Applicant's representative: ton Avenue, Elkhart, Ind. 46514. Appli­ Mississippi,, Tennessee, Indiana, Ken­ George R. LaBissoniere, 920 Logan Build­ cant’s representative: Robert G. Tessar tucky, Alabama, Florida, Georgia, South ing, Seattle, Wash. 98101. Authority (same address as above). Authority Carolina, North Carolina, Virginia, West sought to operate as a common carrier, sought to operate as a common carrier, Virginia, Ohio, California, Arizona, and by motor vehicle, over irregular routes, by motor vehicle, over irregular routes, Michigan, and (2) materials, equip­ transporting: Commodities which be­ transporting: (1) Trailers, designed to ment, and supplies used or useful in the cause of their size or weight require be drawn by passenger vehicles, from manufacture of the commodities de­ the use of special equipment or special points in Richland County, Ohio, to scribed in (I) above, from the destina­ points in the United States (except handling (except automobiles, vehicles Alaska and Hawaii); (2) special purpose tion States to Evansville, Wis. N o t e : If and buses and motor vehicle cabs, bodies a hearing is deemed necessary, appli­ and chassis) and of related parts and trailers, designed to be drawn by pas­ cant requests it be held at Washington, accessories when their transportation is senger automobiles, from points in Mil­ D.C. waukee County, Wis., to points in the incidental to the transportation of com­ United States (except Alaska and No. MC 99427 (Sub-No. 8) filed June modities which because of size or weight Hawaii); and (3) special designed mo­ 9, 1967. Applicant: ARIZONA TANK require use of special equipment or han­ bile units (canteens) mounted on their LINES, INC., Post Office Box 6430, dling, between points in Montana, Idaho, own wheeled undercarriages, equipped Phoenix, Ariz. 85005. Applicant’s repre­ Washington, and Oregon. N o te: Appli­ with hitch ball connector, from points sentative: William J. Lippman, 1824 R cant states it intends to tack with au­ in Cook County, I1L, to points in the Street NW., Washington, D.C. 20009. Au­ thorities presently authorized' in MC thority sought to operate as a common United States (except Alaska and Ha­ 103435, Sub 104 at Milton, Freewater, waii).. N o t e : If a hearing is deemed carrier, by motor vehicle, over irregular and Portland, Oreg, and Garrison and necessary, applicant requests it be held routes, transporting: Petroleum and pet­ Milltown, Mont.: to Sub 30 at Billings, at Chicago, HI. roleum products, in bulk, in tank ve­ Miles City, Glendive, Wilbeaux, Culbert­ No. MC 105461 (Sub-No. 77), filed hicles, from Phoenix, Ariz., to McCarran son, and Glasgow, Mont., at Lewiston, June 8, 1967. Applicant: HERR’S Field and Las Vegas, Nev. N o t e : Appli­ Idaho, and also to Subs 32, 2, 98, 39, and MOTOR EXPRESS, INC., Box 8, Quarry- cant states it intends to tack with exist­ 128, in order to provide through trans­ ville, Pa. 17566. Applicant’s representa­ ing authority in Arizona which would en­ portation to and from points in Oregon tive:^ Bernard N. Gingerich, 110 West able applicant to perform through serv­ and to and from points east of Montana State Street, Quarryville, Pa. 17556. Au­ ice from points in Arizona. If a hearing and South Dakota, North Dakota, thority sought to operate as a common is deemed necessary, applicant requests Minnesota, Iowa, Nebraska, Kansas, carrier, by motor vehicle, over irregular it be held at Phoenix, Ariz. Missouri, Illinois, Wyoming, and Colo- roptes, transporting: (1) Petroleum No. MC 100666 (Sub-No. 103), filed rrdo. If a hearing is deemed necessary, products, in containers, and commodities June 5, 1967. Applicant: MELTON applicant requests it be held at Seattle, used in the operation of, or sold by, TRUCK LINES, INC., Post Office Box Wash. retail gasoline service stations, moving 7295, Shreveport, La. 71107. Applicant’s No. MC 103552 (Bub-No. 6), filed in the same vehicle and at the same representative: Wilburn L. Williamson, June 12, 1967. Applicant: THE FARER time with petroleum products, in con­ 450 A m eric a n National Building, Okla­ TRANSPORTATION COMPANY, a cor­ tainers, from Marcus Hook, P a ., to points

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 NOTICES 9263 in Ashtabula, Belmont, Carroll, Colum­ Michigan, Mississippi, Nebraska, New N ote: Common control may be involved. biana, Cuyahoga, Geauga, Harrison, Jef­ Hampshire, North Carolina, New Jersey, If a hearing is deemed necessary, appli­ ferson, Lake, Lorain, Mahoning, Medina, New Mexico, New York, Ohio, Oklahoma, cant requests it be held at Washington, Portage, Stark, Summit, Trumbull, Tus­ Pennsylvania, Rhode Island, South D.C. carawas, and Wayne Counties, Ohio (ex­ Carolina, Tennessee, Texas, Vermont, No. MC 107012 (Sub-No. 72), filed cept Akron, Boardman, and Cleveland, Virginia, West Virginia, and Wisconsin, June 19, 1967. Applicant: NORTH Ohio); and (2) empty petroleum prod­ and (2) reinforced plastic pipe, plastic AMERICAN VAN LINES, INC., Post ucts containers (other than new), from fume scrubbers, reinforced plastic tanks, Office Box 988, Fort Wayne, Ind. 46801. the described destinations in (1) above aggregate-stone casts or natural crushed Applicant’s representative: Martin A. to Marcus Hook and Philadelphia, Pa. stone, acid proof cement in pails, drums, Weissert, Post Office Box 988, Fort Note: If a hearing is deemed necessary, or cartons, from points in Cuyahoga Wayne, Ind. 46801. Authority sought to applicant requests it be held at Wash­ County, Ohio, to points in Colorado, operate as a common carrier, by motor ington, D.C., or Philadelphia, Pa. Kansas, New Mexico, Oklahoma, and vehicle, over irregular routes, trans­ No. MC 105813 (Sub-No. 150), filed Texas. N ote : If a hearing is deemed nec­ porting: Steel sash (unndows) and doors, May 31, 1967. Applicant: BELFORD essary, applicant requests it be held at and component parts and accessories, TRUCKING CO., INC., 3500 Northwest Cleveland, Ohio, or Washington, D.C. from Pandora, Ohio, to points in the 79th Avenue, Post Office Box 1542, No. MC 106904 (Sub-No. 12), filed United States (except Alaska, and M.I.A. Station, Miami, Fla. 33148. Appli­ June 5, 1967. Applicant: TOPEKA Hawaii). No te: If a hearing is deemed cant’s representative: James T. Moore MOTOR FREIGHT, INC., 4490 Lower necessary, applicant requests it be held (same address as applicant). Authority Silver Lake Road, Topeka, Kans. 66603. at Fort Wayne or Indianapolis, Ind. sought to operate as a common carrier, by Applicant’s representative: D. S. Hults, No. MC 107227 (Sub-No. 95), filed motor Vehicle, over irregular routes, Box 225, Lawrence, Kans. 66044. Au­ June 13, 1967. Applicant: INSURED transporting: Candy and confectionery, thority sought to operate as a common TRANSPORTERS, INC., 1944 Williams from Dunn, N.C., to points in Alabama, carrier, by motor vehicle, over regular Street, San Leandro, Calif. 94577. Appli­ Georgia, Florida, and South Carolina. routes, transporting: General commodi­ cant’s representative: John G. Lyons, Note: If a hearing is deemed necessary, ties, except those of unusual value, 1418 Mills Tower, San Francisco, Calif. applicant requests it be held at Wash­ classes A and B explosives, household 94104. Authority sought to operate as a ington, D.C. goods as defined by the Commission, common carrier, by motor vehicle, over No. MC 105813 (Sub-No. 152), filed commodities in bulk and those requiring irregular routes, transporting: New June 14, 1967. Applicant: BELFORD special equipment, (1) between Con­ Automobiles, in secondary movements in TRUCKING CO., INC., 3500 Northwest cordia, Kans., and Hastings, Nebr., from truckaway service, in mixed loads of 79th Avenue, Miami, Fla. 33148. Appli­ Concordia, Kans., over U.S. Highway 81 passenger automobiles and trucks, from cant’s representative: Carl L. Steiner, 39 to the junction of U.S. Highway 6 at Ogden and Salt Lake City, Utah, to South La Salle Street, Chicago, 111. 60603. Fairmont, Nebr., thence over U.S. High­ points in Nevada and points in California Authority sought to operate as a com­ way 6 to Hastings, Nebr., and return over north of the northern boundaries of San mon carrier, by motor vehicle, over ir­ the same route, serving the intermediate Luis Obispo, Kern, and San Bernardino regular routes, transporting: Frozen point of Hebron, Nebr., (2) between Counties, restricted to shipments having foods, from Quincy, 111., and Cleveland, Hastings and Grand Island, Nebr., from an immediately prior movement by rail Ohio, to points in Alabama, Florida, Hastings, Nebr., over U.S. Highway 34 to and originating at plantsites of the Georgia, North Carolina, and South Grand Island, Nebr., and return over the Kaiser “Jeep” Corp. N o te: If a hearing Carolina. N o te: If a hearing is deemed same route,' serving all intermediate is deemed necessary, applicant requests necessary, applicant requests it be held points, (3) between Grand Island and it be held at San Francisco, Calif., or at Chicago, 111. North Platte, Nebr., from Grand Island, Toledo, Ohio. Nebr., over U.S. Highway 30 to North No. MC 107295 (Sub-No. 108), filed No. MC 106398 (Sub-No. 347), filed June 9, 1967. Applicant: PRE-FAB June 9, 1967. Applicant: NATIONAL Platte, Nebr., and return over the same route, serving all intermediate points, TRANSIT CO., a corporation, 100 South TRAILER CONVOY, INC., 1975 National Main Street, Farmer City, 111. 61842, also Plaza, Tulsa, Okla. 74151, also Box 8096, and (4) between Concordia, Kans., and Dawson Station, Tulsa, Okla. 74151. Ap­ Kearney, Nebr., from Concordia, Kans., Post Office Box 156, Farmer City, 111. over U.S. Highway 81 to Chester, Nebr.,. 61842. Applicant’s representative: Dale plicant’s representative: Irvin Tull (same L. Cox, Post Office Box 156, Farmer City, address as applicant). Authority sought thence over Nebraska Highway 6 to Su­ to operate as a common carrier, by motor perior, Nebr., thence over Nebraska 111. 61842. Authority sought to operate vehicle, over irregular routes, transpor­ Highway 14 to Junction U.S. Highway 6, as a common carrier, by motor vehicle, tation: Trailers, designed to be drawn by thence over U.S. Highway 6 to junction over irregular routes, transporting: Pulp- passenger automobiles, initial movement, Nebraska Highway 44, thence over Ne­ board and fiberboard and accessories in truckaway service, from points in braska Highway 44 to Kearney, Nebr., used in the installation thereof, from in Humphreys County, Miss., Claiborne and return over the same route, serving Meridian, Miss., to points in Arkansas, and Grainger Counties, Tenn., and Na­ all intermediate points and the off-route Minnesota, Nebraska, and Tennessee. N ote: If a hearing is deemed necessary, trona County, Wyo., to points in the point of Kenesaw, Nebr. N ote: Appli­ cant states that this application is to applicant requests it be held at Jackson, United States (except Alaska and Ha­ Miss., or Washington, D.C. waii) . No te: If a hearing is deemed nec­ convert from an irregular route carrier essary, applicant requests it be held at to a regular route carrier for the same No. MC 107403 (Sub-No. 721), filed Washington, D.C. commodities to the same destinations. June 15; 1967. Applicant: MATLACK, If a hearing is deemed necessary, appli­ INC., 10 West Baltimore Avenue, Lans- No. MC 106760 (Sub-No. 80), filed downe, Pa. 19050. Applicant’s representa­ June 7, 1967. Applicant: WHITEHOUSE cant requests it be held at Kansas City or Topeka, Kans. tive: John E. Nelson (same address as TRUCKING, INC., 2905 Airport High­ applicant). Authority sought to operate way, Toledo, Ohio 43614. Applicant’s rep­ No. MC 107012 (Sub-No. 71), filed June as a common carrier, by motor vehicle, resentative: Leonard A. Jaskiewicz, 2, 1967. Applicant: NORTH AMER­ over irregular routes, transporting: Madison Building, 1155 15th Street NW., ICAN VAN LINES, INC., Post Office Liquefied petroleum gas, in bulk, in tank Washington, D.C. 20005. Authority Box 988, Fort Wayne, Ind. 46801. Appli­ vehicles, from points in Fairfax County, sought to operate as a common carrier, cant’s representative: Martin A. Weissert Va., to points in Maryland, Delaware, by motor vehicle, over irregular routes, (same address as applicant). Authority Pennsylvania, West Virginia, and the transporting: (1) Prefabricated wall District of Columbia. No te: If a hearing partitions, from Bellaire, Ohio, to sought to operate as a common carrier, by motor vehicle, over irregular routes, is deemed necessary, applicant requests Points in Alabama, Arkansas, Connecti­ it be held at Washington, D.C. cut, Colorado, Delaware, District of Co­ transporting: Floor coverings, uncrated, No. MC 107403 (Sub-No. 722), filed lumbia, Florida, Georgia, Illinois, Indi­ from Landrum, S.C., points in Greenville June 16, 1967. Applicant: MATLACK, ana, Iowa, Kansas, Kentucky, Louisiana, County, S.C., points in Greenville County, INC., 10 West Baltimore Avenue, Lans- Missouri, Maryland, Massachusetts, S.C., and Lyerly, Ga., to Dallas, Tex. downe, Pa. 19050. Applicant’s representa-

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9264 NOTICES tive: J. E. Nelson (same address as ap­ plicant, Post Office Box 12163. Authority regular routes, transporting: Lumber, plicant) . Authority sought to operate as sought to operate as a common carrier, from the ports of entry on the interna­ a common carrier, by motor vehicle, over by motor vehicle, over irregular routes, tional boundary line between the United irregular routes, transporting: Plastic transporting: Playground apparatus, States and Canada located at or near granules, in bulk, from points in Law­ knocked down, from Shreveport and/or Blaine and Sumas, Wash., to Bangor and rence County, Ohio, to points in Ala­ Bossier City, La., to (I) points in Bremerton, Wash., and points in Chelan bama, Arkansas, Colorado, Connecticut Alabama, Arkansas, Florida, Georgia, County, Wash., restricted to shipments Delaware, District of Columbia, Florida, Kentucky, Mississippi, North Carolina, originating in British Columbia, Canada. Georgia, Illinois, Indiana, Iowa, Kansas, Oklahoma, South Carolina, Tennessee, N o t e : If a hearing is deemed necessary, Kentucky, Louisiana, Maine, Maryland, and Texas: (2) points in Arizona, Cali­ applicant requests it be held at Seattle, Massachusetts, Michigan, Minnesota, fornia, Colorado, Idaho, Montana, Ne­ Wash. Mississippi, Missouri, Nebraska, New vada, New Mexico, North Dakota, Ore­ No. MC 109497 (Sub-No. 19), filed Hampshire, New Jersey, New York, North gon, South Dakota, Utah, and Washing­ June 13, 1967. Applicant: A. F. COMER Carolina, North Dakota, Ohio, Oklahoma, ton; and (3) points in Illinois, Indiana, TRANSPORT SERVICE INC., Post Of­ Pennsylvania, Rhode Island, South Caro­ Iowa, Kansas, Minnesota, Missouri, Ne­ fice Box 2933, West Durham Station, lina, South Dakota, Tennessee, Texas, braska, and Wisconsin. No te: If a hear­ Durham, N.C. 27705. Applicant’s repre­ Vermont, Virginia, West Virginia, and ing is deemed necessary, applicant re­ sentative: Louis Reznek, 5009 Keokuk Wisconsin. Note : Common control may quests it be held at Phoenix, Ariz., or Street, Washington, D.C. Authority be involved. If a hearing is deemed nec­ New Orleans, La. sought to operate as a common carrier, essary, applicant requests it be held at No. MC 108053 (Sub-No. 76), filed by motor vehicle, over irregular routes, Washington, D.C. June 12, 1967. Applicant: LITTLE transporting: Creosote, in bulk, in tank No. MC 107496 (Sub-No. 569) (Cor­ AUDREY’S TRANSPORTATION COM­ motor vehicles, from Chesapeake, Va., to rection) , filed June 5, 1967, published in PANY, INC., Post Office Box 129, Fre­ Scotland Neck, N.C. N o t e : If a hearing F ederal R egister issue of June 22, 1967, mont, Nebr. Applicant’s representative: is deemed necessary, applicant requests and republished as corrected, this issue. Carl L. Steiner, 39 South La Salle it be held at Raleigh, N.C. Applicant: RUAN TRANSPORT COR­ Street, Chicago, HI. 60603. Authority No. MC 109914 (Sub-No. 22), filed PORATION, Keosauqua Way at Third, sought to operate as a common carrier, June 19, 1967. Applicant: DUNDEE Post Office Box 855, Des Moines, Iowa by motor vehicle, over irregular routes, TRUCK LINE, INC., 660 Sterling Street, .50304. Applicant’s representative: H. L. transporting: Frozen foods, from Quincy, Toledo, Ohio 43609. Applicant’s repre­ Fabritz (same address as applicant). HI., to points in Washington, Oregon, sentative: Robert D. Schuler, Suite 1700, Authority sought to operate as a com­ Idaho, California, Nevada, Utah, and 1 Woodward Avenue, Detroit, Mich. mon carrier, by motor vehicle, over ir­ Arizona. N ote: If a hearing is deemed 48226. Authority sought to operate as a regular routes, transporting: Liquefied necessary, applicant requests it be held common carrier, by motor vehicle, over petroleum gas, from Michigan City, Ind., at Chicago, 111. regular routes, transporting: General to Franklin, Kentucky, Calvert City, Ky.» No. MC 108207 (Sub-No. 224), filed commodities (except those of im m n a l Chamblee, and Atlanta, Ga. N ote: Com­ June 19, 1967. Applicant: FROZEN value, classes A and B explosives, house­ mon control may be involved. The pur­ FOOD EXPRESS, INC., 318 Cadiz Street, hold goods as defined by the Commission, pose of this republication is to redescribe Dallas, Tex. Applicant’s representative: commodities in bulk, and those requiring the commodity description. If a hearing J. B. Ham, Post Office Box 5888, Dallas, special equipment), serving the plantsite is deemed necessary, applicant requests Tex. 75222. Authority sought to operate of Ford Motor Co., Sterling Township, ft be held at St. Louis, Mo., Kansas City, as a common carrier, by motor vehicle, Macomb County, Mich., as an off-route Kans., or Kansas City, Mo. over irregular routes, transporting: Hu­ point in connection with authorized No. MC 107496 (Sub-No. 572), filed man blood plasma, from Houston, Tex., service at Detroit, Mich. N o t e : Applicant June 15, 1967. Applicant: RUAN to Detroit, Mich. No te: If a hearing is states it would tack the proposed author­ TRANSPORT CORPORATION, Keo­ deemed necessary, applicant requests it ity with its present authority at Detroit, sauqua Way at Third, Post Office Box be held at Dallas or Houston, Tex. Mich. If a hearing is deemed necessary, 855, Des Moines, Iowa 50304. Applicant's applicant requests it be held a t Lansing, No. MC 108884 (Sub-No. 15), filed Mich. representative: H. L. Fabritz (same ad­ June 13, 1967. Applicant: ROGERS dress as applicant). Authority sought to No. MC 110420 (Sub-No. 546), filed TRANSFER, INC., Route 46, Great June 13, 1967. Applicant: QUALITY operate as a common carrier, by motor Meadows, N.J. Applicant’s representa­ vehicle, over irregulaFToutes, transport­ CARRIERS, INC., 100 South Calumet tive: Bert Collins, 140 Cedar Street, New Street, Burlington, Wis. 53105. Appli­ ing: Feed and feed ingredients, from York, N.Y. 10006. Authority sought to points in Illinois and Iowa to points in cant’s representatives: Allan B. Torhorst, operate as a common carrier, by motor Post Office Box 339, Burlington, Wis. Wisconsin. N o te: Common control may vehicle, over irregular routes, transport­ be involved. If a hearing is deemed neces­ 53105, Fred H. Figge (same address as ing: Frozen foods, in mechanically re­ applicant). Authority sought to operate sary, applicant requests it be held at frigerated vehicles, from New York, N.Y., Madison, Wis., or Chicago, 111. as a common carrier, by motor vehicle, points in Hudson and Bergen Counties, over irregular routes, transporting: No. MC 107515 (Sub-No. 577), filed N.J., to points in Nassau, Suffolk, West­ Chemicals, in bulk, from Janesville, Wis., June 19, 1967. Applicant: REFRIGER­ chester, Orange, Rockland; and Broome to points in Navarro County, Tex., and ATED TRANSPORT CO., INC., Post Counties, N.Y., Bergen, Essex, Hudson, Office Box 10799, Station A, Atlanta, Ga. points in Minnesota and Pennsylvania. Union, Morris, Warren, Passaic, Mid­ N o t e : If a hearing is deemed necessary, 30310. Applicant’s representative: B. L. dlesex, Somerset, Monmouth, Ocean, applicant requests it be held at Chicago, Gundlach (same address as applicant). Mercer, and Atlantic Counties, N.J., and 111., or Madison, Wis. Authority sought to operate as a com­ points in that part of Pennsylvania on No. MC 110525 (Sub-No. 835), filed mon carrier, by motor vehicle, over ir­ and east of U.S. Highway 15. N ote: Ap­ June 13, 1967. Applicant: CHEMICAL regular routes, transporting: Frozen plicant states no duplicating authority LEAMAN TANK LINES, INC., 520 East foodstuffs, from Louisville, Ky., to points is sought. If a hearing is deemed nec­ Lancaster Avenue, Downingtown, Pa. in Alabama, Georgia, Florida, North Car­ essary, applicant requests it be held at Applicant’s representatives: Leonard A olina, and South Carolina. N ote: If a New York, N.Y., or Newark, N.J. Jaskiewicz, 1155 15th Street NW., Madi­ hearing is deemed necessary, applicant No. MC 109294 (Sub-No. 8), filed son Building, Washington, D.C. 20005, requests it be held at Louisville, Ky., or June 14,1967. Applicant: COMMERCIAL and Edwin H. van Deusen (same address Atlanta, Ga. TRUCK CO., LTD., 230 Brunette Street, as applicant). Authority sought to op­ _ No, MC 107698 (Sub-No. 44), filed New Westminster, British Columbia, erate as a ~common carrier, by motor June 2, 1967. Applicant: BONANZA, Canada. Applicant’s representative: Jo­ vehicle, over irregular routes, transport­ INC., 4030 East Magnolia, Post Office seph O. Earp, 411 Lyon Building, 607 ing: Silicone oil, in bulk, in tank vehicles, Box 12163, Phoenix, Ariz. 85034. Ap­ Third Avenue, Seattle, Wash. 98104. from the plant of the General Electric plicant’s representative: No applicant Authority sought to operate as a com­ Co. at or near Waterford, N.Y., to the representative—send inquiries to Ap­ mon carrier, by motor vehicle, over ir­ plant of the S. C. Johnson Co., at or near

FEDERAL REGISTER; VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 NOTICES 9265 Waxdale, Wis., restricted to traffic origi­ points in Kentucky, Ohio, Indiana, of all kinds (excluding plant removals), nating at and destined to the plants Michigan, Tennessee, West Virginia, between Waterville, Maine, on the one indicated. N o te: Applicant states it Pennsylvania, New York, Virginia, hand, and, on the other, Lowell, Mass. presently holds authority to perform the Maryland, and the District of Co­ (8) Cut flowers and decorative greens, involved service by combining grants at lumbia, under contract with Tropi­ between points in Illinois, having prior Allegheny County, Pa., and that by the cana Products Sales, Inc. N ote: If a or subsequent movement by air. (9) instant application it seeks to remove hearing is deemed necessary, applicant Ophthalmic goods and commercial that gateway. If a hearing is deemed requests it be held at Washington, D.C., papers (except cash letters and exclud­ necessary, applicant requests it be held Tampa or Miami, Fla., or Louisville, Ky. ing plant removals), between Columbus, at Washington, D.C. No. MC 111729 (Sub-No. 243), filed Ohio, on the one hand, and, on the other, No. MC 110525 (Sub-No. 836), filed June 1, 1967. Applicant: AMERICAN points in Illinois, Indiana, Kentucky, June 14, 1967. Applicant: CHEMICAL COURIER CORPORATION, 2 2 2 -1 7 Maryland, Michigan, Pennsylvania and LEAMAN TANK LINES, INC., 520 East Northern Boulevard, Bayside, N.Y. 11361. West Virginia. N o te: Applicant indicates Lancaster Avenue, Downingtown, Pa. Applicant’s representative: Russell S. tacking possibilities with its presently 19335. Applicant’s representatives: Bernhard, 1625 K Street NW., Common­ held authority. Applicant also holds con­ Leonard A. Jaskiewicz, 1155 15th Street wealth Building, Washington, D.C. tract carrier authority under MC 112520 NW., Madison Building, Washington, 20006. Authority sought to operate as a and subs thereunder, therefore, dual D.C., and Edwin H. van Deusen (same common carrier, by motor vehicle, over operations may be involved. If a hearing address as applicant). Authority sought irregular routes, transporting: (1) Busi­ is deemed necessary, applicant requests to operate as a common carrier, by motor ness papers, records, and audit and ac­ it be held at Washington, D.C., or Cin­ vehicle, over irregular routes, transport­ counting media of all kinds (excluding cinnati, Ohio. ing: Compounds industrial process water plant removals), (a) between points in No. MC 111862 (Sub-No. 18), filed treating liquid, in bulk, in tank vehicles, Hartford County, Conn., on the one June 19, 1967. Applicant: HENNES from Dallas, Tex., to Commerce City, hand, and, on the other, points in At­ TRUCKING CO., ‘a corporation, 338 Colo., and the plantsite of the Kermac lantic, Cumberland, and Camden Coun­ South 17th Street, Milwaukee, Wis. Potash Co. approximately 30 miles ties, N.J.; (b) between points in Middle­ 53233. Applicant's representative: northeast of Carlsbad, N. Mex. N ote : If sex County, Conn., on the one hand, and, George J. Scanlan, 111 West Washington a hearing is deemed necessary, applicant on the other, points in Middlesex Street, Chicago, 111. 60602. Authority requests it be held at Washington, D.C. County, N.J., Onondaga and Erie Coun­ sought to operate as a contract carrier, No. MC 110988 (Sub-No. 239), filed ties, N.Y., Middlesex County, Mass., and by motor vehicle, over irregular routes, June 6, 1967. Applicant: KAMPO New York, N.Y.; (c) between Braintree, transporting: Diammonium phosphate, TRANSIT, INC., 200 West Cecil Mass., on the one hand, and, on the in bulk, from Colfax, Depue, and River- Street, Neenah, Wis. Applicant’s rep­ other, Plainfield, Toms River, Wayne, dale, 111., and Des Moines, Iowa, to points resentative: E. Stephen Heisley, 529 Cedar Grove, and New Brunswick, N.J., in Illinois, Indiana, Iowa, Kansas, Transportation Building, Washington, and New York, N.Y.; (d) between Jack- Micjiigan, Minnesota, Missouri, Nebras­ D.C. Authority sought to operate as son, Mich., on the one hand, and, on the ka, North Dakota, South Dakota, and a common carrier, by motor vehicle, other, Van Wert and Youngstown, Ohio; Wisconsin, under a continuing contract over irregular routes, transporting: (e) between Cleveland, Ohio, on the one or contracts with the New Jersey Zinc Commodities in bulk, in tank vehicles, hand, and, on the other, Buffalo and Co. of New York, N.Y. Note : lf a hearing from Utica, 111., to points in Alabama, Rochester, N.Y.; (f) between Water- is deemed necessary, applicant requests Arkansas, Colorado, Georgia, Illinois, ville, Maine, on the one hand, and, on the it be held at Chicago, 111., or St. Louis, Indiana, Iowa, Kansas, Kentucky, Loui­ other, Lowell, Mass.; (g) between Brain­ Mo. siana, Michigan, Minnesota, Mississippi, tree, Mass., on the one hand, and, on the No. MC 112304 (Sub-No. 22), filed Missouri, Nebraska, North Dakota, Ohio, other, South Plainfield, N.J. (2) Cotton June 14, 1967. Applicant: ACE DORAN Oklahoma, Pennsylvania, South Dakota, piece goods, between points in Hart­ HAULING & RIGGING CO., a corpora­ Tennessee, Texas, West Virginia, Wis­ ford County, Conn., on the one hand, tion, 1601 Blue Rock Street, Cincinnati, consin, and Wyoming. Note: Applicant and, on the other, points in Atlantic, Ohio 45223. Applicant’s representative; states it could tack with existing au­ Cumberland, and Camden Counties, N.J. James M. Burtch, 100 East Broad Street, thority from points in Iowa, Illinois, (3) Payroll checks, (a) between points Columbus, Ohio 43215. Authority sought Indiana, Michigan, and Wisconsin. If a in Middlesex County, Conn., on the one to operate as a common carrier, by motor hearing is deemed necessary, applicant hand, and, on the other, points in Mid­ vehicle, over irregular routes, transport­ requests it be held at Washington, D.C. dlesex County, N.J., Onondaga and ing: Aluminum and aluminum articles, No. MC 111045 (Sub-No. 56), filed Erie Counties, N.Y., New York, N.Y., and between points in Hancock County, Ky., June 5, 1967. Applicant: REDWING Middlesex County, Mass.; (b) between on the one hand, and, on the other, points CARRIERS, INC., Post Office Box 426 Jackson, Mich., on the one hand, and, on in Tennessee, Georgia, Alabama, Florida, (Palm River Road), Tampa, Fla. 33601. the other, Van Wert and Youngstown, Mississippi, Louisiana, Arkansas, Mis­ Applicant’s representative: David E. Ohio; (c) between Waterville, Maine, on souri, Oklahoma, Texas, Wisconsin, Wells (same address as applicant). Au­ the one hand, and on the other, Lowell, Minnesota, and Iowa. No te: If a hearing thority sought to operate as a common Mass. is deemed necessary, applicant requests it carrier, by motor vehicle, over irregular (4) Small parts, between Jackson,be held at Washington, D.C., or Louis­ routes, transporting; Anhydrous am­ Mich., on the one hand, and, on the ville, Ky. monia, from Occidental, Fla., to points other, Van Wert and Youngstown, Ohio. No. MC 112304 (Sub-No. 23), filed June in Alabama and Georgia. N o te: Com- (5) Exposed and processed microfilm and 19,1967. Applicant: ACE DORAN HAUL­ nion control may be involved. If a hear­ facsimiles of all kinds, between Cleve­ ING & RIGGING CO., a corporation, ing is deemed necessary, applicant re­ land, Ohio, on the one hand, and, on the quests it be held at Tampa, Fla. 1601 Blue Rock Street, Cincinnati, other, Buffalo and Rochester, N.Y. (6) Ohio 45223. Applicant’s representative: No. MC 111069 (Sub-No. 48), filed Exposed and processed film and prints, June 9, 1967. Applicant: COLDWAY James M. Burtch, 100 East Broad Street, complimentary replacement film, inci­ Columbus, Ohio 43215. Authority sought CARRIERS, INC., Post Office Box 38, dental dealer handling supplies and to operate as a common carrier, by motor Clarksville, Ind. 47131. Applicant’s repre­ advertising literature moving therewith vehicle, over irregular routes, transport­ sentative: Paul M. Daniell, 1600 First (excluding motion picture film used ing: General commodities (except those Federal Building, Atlanta, Ga. 30303. primarily for commercial theater and of unusual value, classes A and B ex­ Authority sought to operate as a con­ television exhibition), between Cincin­ plosives, household goods as defined by tract carrier, by motor vehicle, over nati, Ohio, on the one hand, and, on the irregular routes, transporting: Canned other, points in Indiana and Kentucky. the Commission, commodities in bulk, citpis products, canned juices, canned (7) Garments and swatches of cloth for and those requiring special equipment), drinks and canned beverages, from the testing and research purposes, moving between the plantsites and warehouses Plantsite of Tropicana Products Sales at the same time with business papers, of Rockwell-Standard Corp. at or near Inc., located at Bradenton, Fla., to records, and audit and accounting media Winchester, Ky., on the one hand, and,

FEDERAL-REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 No. 125—Pt. I----8 9266 NOTICES on the other, points in Alabama, Arkan­ Wyoming, and (2) raw materials, sup­ any other property, when moving in the sas, Connecticut, Delaware, Florida, plies and merchandise, on return under same vehicle at the same time with food Georgia, Illinois, Indiana, Iowa, Kansas, continuing contract with Morton House products, from Wellston, Ohio, to points Louisiana, Maine, Maryland, Massachu­ Kitchens, Inc., Nebraska City, Nebr. in Connecticut, Delaware, Indiana, setts, Michigan, Minnesota, Mississippi, N o t e : If a hearing is deemed necessary, Maine, Maryland, Massachusetts, Michi­ Missouri, Nebraska, New Hampshire, New applicant requests it be held at Omaha, gan, New Hampshire, New Jersey, New Jersey, New York, North Carolina, North Nebr. York, Ohio, Pennsylvania, Rhode Island, Dakota, Ohio, Oklahoma, Pennsylvania, No. MC 113678 (Sub-No. 283), filed Vermont, Virginia, West Virginia, and Rhode Island, South Carolina, South June 9, 1967. Applicant: CURTIS, INC., the District of Columbia. Note: Com­ Dakota, Tennessee, Texas, Vermont, Vir­ 770 East 51st Avenue, Denver, Colo. mon control may be involved. If a hear­ ginia, West Virginia, Wisconsin, and the 80216. Applicant’s representative: Duane ing is deemed necessary, applicant does District of Columbia. N o t e : If a hearing W. Acklie, Post Office Box 2028, Lincoln, not specify a location. is deemed necessary, applicant requests Nebr. 68501. Authority sought to operate No. MC 113855 (Sub-No. 163), filed it be held at Louisville, Ky. as a common carrier, by motor vehicle, June 12, 1967. Applicant: INTERNA­ No. MC 112595 (Sub-No. 31), filed June over irregular routes, transporting: TIONAL TRANSPORT, INC., South 8, 1967. Applicant: FORD BROTHERS, Meats, meat products, and meat by­ Highway 52, Rochester, Minn. 55902. Ap­ INC., Post Office Box 419, Ironton, Ohio. products and articles distributed by meat plicant’s representative: Franklin J. Van Applicant’s representatives: Herbert packinghouses, as described in sections Osdel, 502 First National Bank Building, Baker and James R. Stiverson, 50 West A and C of appendix I to the report in Fargo, N. Dak. 58102. Authority sought Broad Street, Columbus, Ohio 43215. Au­ Descriptions in Motor Carrier Certifi­ to operate as a common carrier, by motor thority sought to operate as a common cates, 61 M.C.C. 209 and 766, from points vehicle, over irregular routes, transport­ carrier, by motor vehicle, over irregular in Saunders County, Nebr., to points in ing : Source, special nuclear, and by­ routes, transporting: Inedible tallow, in Connecticut, Delaware, District of Co­ product materials, radioactive materials bulk, in tank vehicles, from Wellston, lumbia, Maine, Maryland, Massachu­ and related reactor experimental equip­ Ohio, to points in Illinois, Indiana, Ken­ setts, New Hampshire, New Jersey, New ment, component parts and associated tucky, Michigan, New York, Pennsyl­ York, Pennsylvania, Rhode Island, and materials, between facilities of the Gen­ vania, Virginia, and West Virginia. N o t e : Vermont. N o t e : If a hearing is deemed eral Electric Co. located in New Hanover If a hearing is deemed necessary, appli­ necessary, applicant requests it be held County, N.C., on the one hand, and, on cant requests it be held at Columbus, at Lincoln, Nebr. the other, points in the United States Ohio, or Washington, D.C. No. MC 113678 (Sub-No. 284), filed (except Hawaii). Note : Applicant states No. MC 112595 (Sub-No. 32), filed June 15, 1967. Applicant: CURTIS, INC., that no duplicating authority is being June 19, 1967. Applicant: FORD 770 East 51st Avenue, Denver, Colo. sought. If a hearing is deemed neces­ BROTHERS, INC., Post Office Box 419, 80216. Applicant’s representative: Duane sary, applicant requests it be held at Ironton, Ohio. Applicant’s representa­ W. Acklie, Post Office Box 2028, Lincoln, Washington, D.C. tive: James R. Stiverson, 50 Broad Nebr. 68501. Authority sought to operate No. MC 114045 (Sub-No. 283), filed Street, Columbus, Ohio 43215. Authority as a common carrier, by motor vehicle, June 5, 1967. Applicant: TRANS-COLD sought to operate as a common carrier, over irregular routes, transporting: EXPRESS, INC., Post Office Box 5842, by motor vehicle, over irregular routes, Meats, meat products, and meat by­ Dallas, Tex. Applicant’s representative: transporting: Plastic granules, in bulk, products and articles distributed by meat R. L. Moore (same address as applicant). from points in Lawrence County, Ohio, packinghouses, as described in sections A Authority sought to operate as a com­ to points in Alabama, Arkansas, Colo­ and C of appendix I to the report in De­ mon carrier, by motor vehicle, over ir­ rado, Connecticut, Delaware, District of scriptions in Motor Carrier Certificates, regular routes, transporting: (1) Fresh Columbia, Florida,’ Georgia, Illinois, In­ 61 M.C.C. 209 and 766 (except hides and carcass meat, from the plantsite of Swift diana, Iowa, Kansas, Kentucky, Louisi­ & Co. at Clovis, N. Mex., to Pensacola, commodities, in bulk, in tank vehicles), Fla., (2) dairy products, from South ana, Maine, Maryland, Massachusetts, from the plantsite and storage facilities Michigan, Minnesota, Mississippi, Mis­ of Griffith Provision Co., Inc., at or near Fulton, Tenn., and Fulton, Ky., to points souri, Nebraska, New Hampshire, New in Texas, (3) meat, meat products, and Downs, Kans., to points in Colorado, meat byproducts, from Smithfield, Va., Jersey, New York, North Carolina, North Connecticut, Delaware, Florida, Georgia, to points in California, Kansas, Massa­ Dakota, Ohio, Oklahoma, Pennsylvania, Illinois, Indiana, Iowa, Maryland, Mas­ Rhpde Island, South Carolina, South chusetts, Mississippi, Missouri, New Jer­ sachusetts, Michigan, Minnesota, Ne­ sey, New York, Oregon, Pennsylvania, Dakota, Tennessee, Texas, Vermont, Vir­ braska, Nevada, New Jersey, New York, Tennessee, and Washington, D.C., and ginia, West Virginia, and Wisconsin. North Carolina, Ohio, Oregon, Pennsyl­ (4) meat, meat products, and meat by­ N o t e : If a hearing is deemed necessary, vania, Rhode Island, South Carolina, products, from Lebanon, Pa., to points applicant requests it be held at Wash­ Virginia, Washington, and Wisconsin. in California, Kansas, Louisiana, Mis­ ington, D.C., or Columbus, Ohio. Restriction: The authority granted sissippi, Missouri, Nebraska, Oregon, No. MC 113382 (Sub-No. 13), filed above is restricted to the transportation Tennessee, Texas, and Utah. Note: If June 15, 1967. Applicant: NELSEN of traffic originating at the plantsite and a hearing is deemed necessary, applicant BROS., INC., Nebraska City, Nebr., Ap­ storage facilities of Griffith Provision requests it be held at Chicago, HI., or plicant’s representative: J. Max Harding, Co., Inc., at or near Downs, Kans., and n n llflQ 11 'AY Box 2028, Third Floor, NSEA Building, further restricted against tacking of au­ No. \MC 114334 (Sub-No. 10), filed 14th and J Streets, Lincoln, Nebr. 68501. thority at destination points. N o t e : If a June 9, 1967. Applicant: BUILDERS Authority sought to operate as a contract hearing is deemed necessary, applicant TRANSPORTATION COMPANY, a cor­ carrier, by motor vehicle, over irregular does not specify location. poration, 3265 Tulane Road, M emphis, routes, transporting: (1) Canned goods No. MC 113843 (Sub-No. 129), filed Tenn. 38116. Applicant’s representative: and table sauces, from the plantsite and June 8, 1967. Applicant: REFRIGER­ Dale Woodall, 900 Memphis Bank Build­ warehouse facilities of Morton House ATED FOOD EXPRESS, INC., 316 ing, Memphis, Tenn. Authority sought Kitchens, Inc., located at of near Ne­ Summer Street, Boston, Mass. 02210. to operate as a common carrier, by m otor braska City, Nebr., to points in Alabama, Applicant’s representative: Lawrence T. vehicle, over irregular routes, tra n s p o rt­ Arizona, Arkansas, California, Colorado, Sheils (same address as applicant). Au­ ing: (1) Prefabricated metal buildings Florida, Georgia, Illinois, Indiana, Iowa, thority sought to operate as a common knocked down, prefabricated metal Kansas, Kentucky, Louisiana, Maryland, carrier, by motor vehicle, over irregular building sections knocked down, com­ Michigan, Minnesota, Mississippi, Mis­ routes, transporting: (1) Food products, ponent parts thereof, equipment, ma­ souri, Montana, Nebraska, Nevada, New and (2) food products in mixed ship­ terials, and supplies used in the instal­ Jersey, New Mexico, New York, North ments with commodities, the transporta­ lation, construction, and erection thereof Carolina, North Dakota, Ohio, Okla­ tion of which is partially exempt under except metal buildings which are de­ homa, Pennsylvania, South Carolina, the provisions of section 203(b) (6) of signed to be drawn by passenger vehicles, South Dakota, Tennessee, Texas, Utah, the Interstate Commerce Act if trans­ and commodities which because of their Virginia, West Virginia, Wisconsin, and ported in vehicles not used in carrying size or weight require special equipment

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 NOTICES 9267 or special handling, from Evansville, by motor vehicle, over irregular routes, be held at Cheyenne, Wyo., or Denver, Wis., to points in Iowa, Illinois, Ne­ transporting: Lime, and limestone prod­ Colo. b raska, Kansas, Missouri, Oklahoma, ucts, from points in Fond Du Lac and No. MC 115975 (Sub-No. 11), filed June New Mexico, Arizona, Texas, Louisiana, Dodge Counties, Wis., to points in Illinois, 5, 1967. Applicant: C. B. W. TRANS­ A rkansas, Mississippi, Tennessee, Indi­ Missouri, and Iowa. No te: If a hearing is PORT SERVICE, INC., Hedge Road, ana, Kentucky, Alabama, Florida, Geor­ deemed necessary, applicant requests it South Roxana, HI. Applicant’s repre­ gia, South Carolina, North Carolina, be held at St. Louis, Mo., or Chicago, HI. sentative: Ernest A. Brooks n , 1301 Am­ V irginia, West Virginia, Ohio, Califor­ No. MC 115331 (Sub-No. 230), filed bassador Building, St. Louis, Mo. 63101. nia, Arizona, and Michigan, and (2) June 15, 1967. Applicant: TRUCK Authority sought to operate as a contract materials, equipment, and supplies used TRANSPORT, INCORPORATED, 707 carrier, by motor vehicle, over irregular or useful in the manufacture of the com­ Market Street, St. Louis, Mo. 63101. Ap­ routes, transporting: Flour, in bulk, from modities described in (1) above, on re­ plicant’s representative: Thomas F. Kil- the plantsite of Peavey Co., located at or tu rn . N o t e : If a hearing is deemed nec­ roy, Suite 913, Colorado Building,1341 G near Alton, HI., to points in Hlinois, In­ essary, applicant requests it be held at Street NW., Washington, D.C. 20005. Au­ diana, Iowa, Arkansas, Ohio, Kentucky, Washington, D.C. thority sought to operate as a common Missouri, Tennessee, Michigan, Wiscon­ No. MC 114725 (Sub-No. 34), filed June carrier, by motor vehicle, over irregular sin; and Minnesota, under contract with 9, 1967. Applicant: WYNNE TRANS­ routes, transporting: Fertilizer, fertilizer Peavey Co. of Alton, HI. N o te: If a hear­ PORT SERVICE, INC., 2606 North 11th materials, fertilizer compounds, and pes­ ing is deemed necessary, applicant re­ Street, Omaha, Nebr. Applicant’s repre­ ticides, from Atlas, Mo., to points in Ar­ quests it be held at St. Louis, Mo., or sentative: J. Max Harding, 605 South kansas, Hlinois, Indiana, Iowa, Kansas, Washington, D.C. 14th Street, Post Office Box 2028, Lincoln, Kentucky, Missouri, Nebraska, Okla­ No. MC 116077 (Sub-No. 215), filed Nebr. 68501. Authority sought to operate homa, Tennessee, and Texas. N ote: June 7, 1967. Applicant: ROBERTSON as a common carrier, by motor vehicle, Common control and dual operations TANK LINES, INC., 5700 Polk Avenue, over irregular routes, transporting: An­ may be involved. If a hearing is deemed Post Office Box 1505, Houston, Tex. 77001. hydrous ammonia, in bulk, in tank necessary, applicant requests it be held Applicant’s representative: Thomas E. trucks, from the plantsite (storage facil­ at St. Louis, Mo., or Chicago, HI. James, The 904 Lavaca Building, Austin, ity) of Armour Agricultural Chemical No. MC 115594 (Sub-No. 14), filed June Tex. 78701. Authority sought to operate Co., near Bellevue, Iowa, in' Jackson 7,1967P. Applicant: HOLLOWAY MOTOR as a common carrier, by motor vehicle, County to points in Iowa, Kansas, Ne­ EXPRESS, INC., Post Office Box 2337, over irregular routes, transporting: Iso­ braska, South Dakota, Minnesota, North propyl percarbonate, unstabilized, from Dakota, Wisconsin, Illinois, Indiana, East Gadsden, Ala. 35903. Applicant’s representative: R. J. Reynolds, Jr., 403- Lake Charles, La., and points within 5 Michigan, and Missouri. N ote : Applicant states that tacking is possible in con­ 11 Healey Building, Atlanta, Ga. 30303. miles thereof, to points in California. N ote: If a hearing is deemed necessary, junction with its presently held author­ Authority sought to operate as a common ity in MC 114725 Subs 2, 3, 13, 15, 18, carrier, by motor vehicle, over irregular applicant does not specify a location. and 19. If a hearing is deemed neces­ routes, transporting: Grain, grain prod­ No. MC 116273 (Sub-No. 93), filed June sary, applicant requests it be held at ucts, grain byproducts, animal and poul­ 5, 1967. Applicant: D & L TRANSPORT, St. Louis, Mo. try feeds and ingredients thereof, except INC., 3800 South Laramie Avenue, Ci­ No. MC 115257 (Sub-No. 38), filed June in bulk, in tank vehicles, from points in cero, HI. 60650. Applicant’s representa­ 9, 1967. Applicant: SHAMROCK VAN Kansas and Missouri (except St. Louis, tive: Robert G. Paluch (same address LINES, INC., Post Office Box 5447, Dal­ Mo., and points in the commercial zone as applicant). Authority sought to op­ las, Tex. 75222. Applicant’s representa­ thereof as defined by the Commission), erate as a common carrier, by motor tive: Max G. Morgan, 450 American Na­ to Tifton, Ga., Chipely, Fla., and Cleve­ vehicle, over irregular routes, transport­ tional Building, Oklahoma City, Okla. land, Term. N ote : If a hearing is deemed ing: Phthalic anhydride in bulk, in tank 73102. Authority sought to operate as a necessary, applicant requests it be held vehicles, from Chicago and Millsdale, HI. common Carrier, by motor vehicle, over at Atlanta, Ga. to points in Indiana, Ohio, Kentucky, irregular routes, transporting: New fur­ No. MC 115648 (Sub-No. 11), filed June Michigan, Wisconsin, Missouri, Iowa, and niture, in cartons, between points in 12, 1967. Applicant: LUTHER LOCK, do­ Minnesota. N o te: Applicant states it in­ Saline, Sebastian, and Crawford Coun­ ing business as LUTHER LOCK tends to tack this proposed authority at ties, Ark., and points in Arizona, Califor­ TRUCKING, 705 13th Street, Wheatland, Chicago and Millsdale, HI., to presently nia, Colorado, Iowa, Kansas, Louisiana, Wyo. 82201. Applicant’s representative: held authorized authority from Muske­ Mississippi, Missouri, Nebraska, New Ward A. White, Post Office Box 568, gon, Mich., serving points in Iowa, Mis­ Mexico, Oklahoma, Tennessee, Texas, Cheyenne, Wyo. 82001. Authority sought souri, and Minnesota (except St. Paul). and Wyoming. N o t e : Applicant states it to operate as a common carrier, by motor If a hearing is deemed necessary, appli­ intends to tack this proposed authority vehicle, over irregular routes, transport­ cant requests it be held at Chicago, HI. at points in Arkansas with other pres­ ing: Salt and salt products, from Lake No. MC 116544 (Sub-No. 86), filed ently held authorized authority serving Point, Utah, to points in Platte County, June 15, 1967. Applicant: WILSON Points in Arkansas, Virginia, Kentucky, Wyo. N ote: If a hearing is deemed nec­ BROTHERS TRUCK LINE, INC., 700 Mississippi, Alabama, Florida, Georgia, essary, applicant requests it be held at East Fairview, Post Office Box 518, South Carolina, North Carolina, Tennes­ Cheyenne, Wyo. Carthage, Mo. 64836. Applicant’s repre­ see, West Virginia, Indiana, Delaware, No. MC 115648 (Sub-No. 12), filed June sentative: Robert Wilson (same address Pennsylvania, Ohio, New York, Mary­ 14, 1967. Applicant: LUTHER LOCK, as applicant). Authority sought to oper­ land, Wisconsin, Michigan, Connecticut, doing business as LUTHER LOCK ate as a common carrier, by motor ve­ Massachusetts, Rhode Island, New Jer­ TRUCKING, 705 13th Street, Wheatland, hicle, over irregular routes, transporting: sey, New Hampshire, Vermont, Maine, Wyo. 82201. Applicant’s representative: Flour (other than in bulk), from Ulm, Louisiana, Oklahoma, Texas, and the Ward A. White, Post Office Box 568, Minn.; New Prague, Minn.; and Daven­ District of Columbia. Applicant further Cheyenne, Wyo. 82001. Authority sought port, Iowa, to points in Alabama, Florida, states no duplicate authority sought. If to operate as a common carrier, by motor Georgia, Louisiana, and Mississippi. a hearing is deemed necessary, applicant vehicle, over irregular routes, transport­ N o te: If a hearing is deemed necessary, requests it be held at Dallas, Tex., or ing: Natural stone and stone aggregates, applicant requests it be held at Kansas Little Rock, Ark. from points in Albany, Laramie, and City, Mo. No. MC 115331 (Sub-No. 229), filed Platte Counties, Wyo., to points in Iowa, No. MC 116950 (Sub-No. 5), filed June 15, 1967. Applicant: TRUCK New Mexico, Oklahoma, and points in June 12, 1967. Applicant: JOSEPH L. TRANSPORT, INCORPORATED, 707 Texas on and west of U.S. Highway 75 DRAKE, 499 North Delaware, Chandler, Market Street, St. Louis, Mo. 63101. Ap­ and north of U.S. Highway 80 (Inter­ Ariz. 85224. Applicant’s representative: plicant’s representative: Thomas F. Kil- state Highway 20), including the corpo­ A. Michael Bernstein, 1327 Guaranty roy, 913 Colorado Building, 1341 G Street rate limits of cities and towns located Bank Building., Phoenix, Ariz. 85102. NW-> Washington, D.C. 20005. Authority on said highways. N ote: If a hearing is Authority sought to operate as a contract sought to operate as a common carrier, deemed necessary, applicant requests it carrier, by motor vehicle, over irregular

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9268 NOTICES routes, transporting: (1) Fire retardant Redfield, Centerville, Fort Dodge, Ot­ No. MC 118831 (Sub-No. 53), filed chemical (Fire-Trol) , anhydrous am­ tumwa, and Oskaloosa, Iowa, and points May 31, 1967. Applicant: CENTRAL monia, and chemical fertilizers, from within 10 miles of each, to points in TRANSPORT, INCORPORATED,; Post Phoenix, Chandler, and Kyrene, Ariz., to Kansas, Missouri, and Oklahoma. N ote: Office Box 5033, Umharrie Road, High points in California, Colorado, Nevada, If a hearing is deemed necessary, appli­ Point, N.C. Applicant’s representative: New Mexico, South Dakota, Utah, and cant requests it be held at Kansas City, E. Stephen Heisley, 529 Transportation Wyoming, and (2) materials used for the Mo., Wichita, Kans., or Des Moines, Iowa. Building, Washington, D.C._ 20006. Au­ manufacture of agricultural chemicals, No. MC 117574 (Sub-No. 163), filed thority sought to operate as a common on return, under contract with Arizona June 9, 1967. Applicant: DAILY EX­ carrier, by motor vehicle, over irregular Agrochemical Corp. N ote : If a hearing is PRESS, INC., Post Office Box 39, routes, transporting: Lime, in bags, from deemed necessary, applicant requests it Mounted Route 3, Carlisle, Pa. 17013. Charlotte, N.C., to points in North be held at Phoenix, Ariz., or Los Angeles, Applicant’s representative: D. E. Lutz Carolina, South Carolina, and Virginia. Calif. (same address as applicant). Authority N ote: If a hearing is deemed necessary] No. MC 117119 (Sub-No. 399), filed sought to operate as a common carrier, applicant requests it be held at Raleigh June 5, 1967. Applicant: WILLIS SHAW by motor vehicle, over irregular routes, N.C. FROZEN EXPRESS, INC., Elm Springs, transporting: Wallboard, building board, No. MC 119170 (Sub-No. 10), filed Ark. 72728. Applicant’s representative: insulation board, fiberboard, pulpboard, June 6, 1967. Applicant: REEFER John H. Joyce, 26 North College, Fayette­ and incidental materials and supplies TRANSIT LINE, INC., 4005 South ville, Ark. 72702. Authority sought to op­ used in or in connection- with the insula­ Packers Avenue, Chicago, HI. 60609. Ap­ erate as a common carrier, by motor ve­ tion thereof, from Lisbon Falls, Maine, plicant’s representative: Charles W. hicle, over irregular routes, transporting: to points in New York, New Jersey, Singer, 33 North - Dearborn Street, Packaging and paperboard cartons, Delaware, Maryland, Virginia, Pennsyl­ Chicago, 111. 60602. Authority sought to knocked down, from Bow, N.H., to Web­ vania, and West Virginia. N ote: If a operate as a common carrier, by motor ster City, Iowa, and Omaha, Nebr. N ote:' hearing is deemed necessary, applicant vehicle, over irregular routes, transport­ If a hearing is deemed necessary, appli­ requests it be held at Washington, D.C. ing: (1) Edible animal fats, animal oils, cant requests it be held at Little Rock, No. MC 117765 (Sub-No. 61), filed vegetable oils, including products and Ark., or Washington, D.C. June 5, 1967. Applicant: HAHN TRUCK blends thereof, with or without emulsi­ No. MC 117119 (Sub-No. 400), filed LINE, INC., 5800 North Eastern, Okla­ fiers, preservatives, coloring, or additives, June 15,1967. Applicant: WILLIS SHAW homa City, Okla. 73111. Authority in packages, and oleo margarine, in FROZEN EXPRESS, INC., Elm Springs, sought to operate as a common carrier, packages, from Bradley, HI., to James­ Ark. 72728. Applicant’s representative: by motor vehicle, over irregular routes, town, Buffalo, and New York, N.Y., John H. Joyce, 26 North College Street, transporting: Mineral feed mixtures, Newark, N.J., Wheeling, W. Va., and Fayetteville, Ark. 72702. Authority sought salt, and salt products, in bags, blocks, points in West Virginia within 25 miles to operate as a common carrier, by motor containers, or in bulk, in straight or of Wheeling, W. Va., points in that part vehicle, over irregular routes, transport­ mixed shipments, from Hutchinson, of Ohio on and east of a line beginning ing: Packaging and paperboard cartons, Kanopolis, and Lyons, Kans., to points in at Lake Erie and extending along Ohio knocked down, from Pensacola, Fla., to Arkansas. N o te: If a hearing is deemed Highway 4 to Bucyrus, Ohio, thence Grand Island, Nebr. N ote: if a hearing is necessary, applicant requests it be held along Ohio Highway 98 to Waldo, Ohio, deemed necessary, applicant requests it at Wichita, Kans., or Oklahoma City, and thence along U.S. Highway 23 to be held at Little Rock, Ark., or Omaha, Okla. the Ohio-Kentucky State line, and that Nebr. No. MC 117883 (Sub-No. 100), filed part of Pennsylvania on and west of June 12, 1967. Applicant: SUBLER U.S. Highway 219; and (2) returned, No. MC 117344 (Sub-No. 182), filed TRANSFER, INC., East Main Street, damaged, and rejected shipments of de­ June 19, 1967. Applicant: THE MAX­ Versailles, Ohio 45380. Authority sought scribed commodities on return. Note: If WELL CO., a corporation, 10380 Even- to operate as a common carrier, by a hearing is deemed necessary, applicant dale Drive, Post Office Box 15010, Cin­ motor vehicle, over irregular routes, requests it be held at Chicago, HI. cinnati, Ohio 45215. Applicant’s repre­ transporting: (1) Food products, and (2) * No. MC 119182 (Sub-No. 2), filed sentative: James R. Stiverson, 50 West food products in mixed shipments with June 9, 1967. Applicant: McGUIRE Broad Street, Columbus, Ohio 43215. Au­ commodities the transportation of which LUMBER AND SUPPLY, INC., Wyllies- thority sought to operate as a common is partially exempt under the provisions burg, Va. 23976. Applicant’s representa­ carrier, by motor vehicle, over irregular of section 203 (b) (6) of the Interstate tive: John C. Goddin, Insurance Build­ routes, transporting: Plastic granules, in Commerce Act if transported in vehicles ing, 10 South 10th Street, Richmond, Va. bulk, from Lawrence County, Ohio, to used in carrying other property, when 23219. Authority sought to operate as a points in Alabama, Arkansas, Colorado, moving in the same vehicle at the same contract carrier, by motor vehicle, over Connecticut, Delaware, District of Co­ time, with food products, from Wellston, irregular routes, transporting: (1) lumbia, Florida, Georgia, Illinois, Indi­ Ohio, to points in Connecticut, Delaware, Wooden pallets and skids from points in ana, Iowa, Kansas, Kentucky, Louisiana, Indiana, Kentucky, Maine, Maryland, Amelia County, Va., to points in North Maine, Maryland, Massachusetts, Michi­ Massachusetts, Michigan, New Hamp­ Carolina, Maryland, Pennsylvania, Dela­ gan, Minnesota, Mississippi, Missouri, shire, New Jersey, New York, Ohio, ware, New Jersey, New York, West Vir­ Nebraska, New Hampshire, New Jersey, Pennsylvania, Rhode Island, Vermont, ginia, Ohio, and the District of Colum­ New York, North Carolina, North Dakota, Virginia, Washington, D.C., and West bia; and (2) wood chips, from points in Ohio, Oklahoma, Pennsylvania, Rhode Virginia. N ote: If a hearing is deemed Mechlenburg County, Va., to Roanoke Island, South Carolina, South Dakota, necessary, applicant did hot specify the Rapids, N.C., under contract with Scott Tennessee, Texas, Vermont, Virginia, location. Pallets, Inc., and Cantrell Bros. Note : If West Virginia and Wisconsin. Note : If a No. MC 118288 (Sub-No. 23), filed a hearing is deemed necessary, applicant hearing is deemed necessary, applicant June 15, 1967. Applicant: STEPHEN F. requests it be held at Washington, D.C., requests it be held at Washington, D.C., FROST, Post Office Box 28, Billings, or Richmond, Va. or Columbus, Ohio. Mont. 59103. Authority sought to operate No. MC 119547 (Sub-No. 19), filed No. MC 117375 (Sub-No. 2), filed as a common carrier, by motor vehicle, June 16, 1967. Applicant: EDGAR W. June 14, 1967. Applicant: BRANSON over'irregular routes, transporting: Hides LONG, Route 4, Zanesville, Ohio 43701. TRUCK LINE, INC., 1309 East High­ (green or preserved) (1) from points in Applicant’s representative: Richard H. way 56, Lyons, Kans. 67554. Appli­ Washington to points in California and Brandon, 79 East State Street, Colum­ cant’s representative: Leland M. Spur­ Oregon; (2) from points in North Dakota bus, Ohio 43215. Authority sought to op­ geon, 308 Casson Building, 603 Topeka and South Dakota to points in Illinois, erate as a common carrier, by motor ve­ Boulevard, Topeka, Kans. _ 66603. Au­ Wisconsin, Michigan, and Indiana; and hicle, over irregular routes, transporting: thority sought to operate as a common (3) from points in Oregon to points in Clay products and materials used in the carrier, by motor vehicle, over irregular California. N o te: If a hearing is deemed manufacture, sale, and distribution of routes, transporting: Clay products, necessary, applicant requests it be held clay products, between South Rockwood from Des Moines, Sergeant Bluff, Adel, at Billings, Mont. and Mount Clemens, Mich., and points

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 NOTICES 9269 within 5 miles thereof, on the one hand, routes, transporting: (1) Empty cheese asbestos products, conduit or pipe, ce­ and, on the other, points in the United drums and cheese packaging supplies, ment containing asbestos, and accesso- States, except Alaska and Hawaii. N o t e : from Hutchinson, Minn., to points in rier for installation, from Waukegan, If a hearing is deemed necessary, appli­ Iowa and points in that part of Wis­ 111., to points in Pennsylvania, Ohio, In­ cant requests it be held at Columbus, consin on and south of U.S. Highway 8, diana, and the Lower Peninsula of Ohio. beginning at the Brule River near Ni­ Michigan, and (2) building, roofing, and No. MC 119632 (Sub-No. 30), filed agara, Wis., to the St. Croix River at St. insulating materials, from Rockdale, HI., June 9, 1967. Applicant: REED LINES, Croix Falls, Wis., and the Wisconsin- to points in Pennsylvania, Ohio, Indiana, INC., Box 285, Woodburn, Ind. 46797. Illinois State line; (2) cheese in metal and the Lower Peninsula of Michigan. Applicant’s Representative: John P. drums or other packages, from destina­ N ote : Common control may be involved. McMahon, 100 East Broad Street, Colum­ tion points in (1) above to Hutchinson, If a hearing is deemed necessary, appli­ bus, Ohio 43215. Authority sought to op­ Minn.; (3) empty cheese drums and cant requests it be held at Chicago, 111. erate as a common carrier, by motor ve­ cheese packaging supplies, from New No. MC 123613 (Sub-No. 3), filed hicle, over irregular routes, transporting: Ulm, Minn., to points in that part of June 13, 1967. Applicant: CLAREMONT Waste baskets, file cabinets, file pockets, Iowa on and north of U.S. Highway 18 MOTOR LINES, INC., Post Office Box file boxes, file folders, and hardware from Marguette, Iowa. to Garner, Iowa, 296, Claremont, N.C. 28610. Applicant’s used in connection therewith, from and the Iowa-Minnesota State line, on representative: Bill R. Davis, 1600 First Wauseon, Ohio, to points in Pennsylva­ and west of U.S. Highway 69 from the Federal Building, Atlanta, Ga. 30303. nia, Maryland, West Virginia, Kentucky, Iowa-Minnesota State line to the Iowa- Authority sought to operate as a common Maine, New York, New Jersey, Connecti­ Missouri State line, and on and south of carrier, by motor vehicle, over irregular cut, Massachusetts, Delaware, Virginia, U.S. Highway 6 from Des Moines, Iowa, routes, transporting: (1) Salt and salt and the District of Columbia, and re­ to Davenport, Iowa, and the Iowa-Mis- products, and pepper in packages when turned and rejected shipments, on souri State line, and points in that part moving in mixed loads with salt or salt return. of Wisconsin on and north of Wisconsin products, and animal and poultry feed No. MC 119798 (Sub-No. 1), filed Highway 64 from Marinette, Wis., to in packages and blocks when moving in June 9, 1967. Applicant: CITY WARE­ Merrill, Wis., thence on and west of U.S. mixed shipments with salt and salt prod­ HOUSE, INC., 1516 Bluefield Avenue, Highway 51 to Wausau, Wis., thence on ucts, from Rittman and Akron, Ohio, to Bluefield, W. Va. 24701. Applicant’s rep­ and north of Wisconsin Highway 29 to points in West Virginia and Maryland; resentative: Harry E. Dixon, Jr., Post junction of U.S. Highway 12 near Elk and (2) salt and salt products, and ani­ Office Box 211, Roanoke, Va. 24002. Au­ Mound, Wis., and on and north of U.S. mal and poultry feed in packages and thority sought to operate as a common Highway 12 to the Wisconsin-Minnesota blocks when moving in mixed shipments carrier, by motor vehicle, over irregular State line, and on and south of U.S. with salt and salt products, from Fair- routes, transporting: Lubricating oils Highway 8-from the Brule River near port Harbor, Lake County, Ohio (Rail and grease, and such merchandising as is Niagara, Wis., to the St. Croix River at Station Morton, Ohio), to points in dealt in by wholesale, retail, and chain St. Croix Falls, Wis.; and (4) cheese in Maryland, North Carolina, Virginia, and grocery and food business houses, and in metal drums or other packages, from the West Virginia. N o t e : If a hearing is connection therewith, equipment, mate­ destination points in (3) above to New deemed necessary, applicant requests it rials, and supplies used in the conduct Ulm, Minn. N o t e : The purpose of this be held at Charlotte, N.C., or Richmond, of such business, between points in Pay­ republication is to broaden the scope of Va. ette, Greenbrier, Logan, and Mingo the application. If a hearing is deemed No. MC 124078 (Sub-No. 281), filed Counties, W. Va., and points in Buchan­ necessary applicant requests it be held June<5, 1967. Applicant: SCHWERMAN at Minneapolis, Minn., or Madison, Wis. TRUCKING CO., a corporation, 611 an, Bland, and Tazewell Counties, Va. South 28th Street, Milwaukee, Wis. Note: Common control may be involved. No. MC 123067 (Sub-No. 59) (Amend­ ment) , filed April 26, 1967, published in 53246. Applicant’s representative: Rich­ If a hearing is deemed necessary appli­ ard H. Prevette (same address as appli­ F ederal R egister issues of May 18, 1967, cant requests it be held at Bluefield, W. cant) . Authority sought to operate as a Va., or Washington, D.C. and June 15, 1967, amended June 14, common carrier, by motor vehicle, over No. MC 119934 (Sub-No. 140), filed 1967, and republished as amended, this issue. Applicant: M & M TANK LINES, irregular routes, transporting: Cement, June 15, 1967. Applicant: ECOFP in bulk, from Gary, Ind., to Yaphank, TRUCKING, INC., 625 East Broadway, INC., Post Office Box 4174, North Station, Winston-Salem, N.C. Applicant’s repre­ Long Island, N.Y. N o t e : If a hearing is Fortville, Ind., Applicant’s representa­ deemed necessary, applicant requests it tive: Robert C. Smith, 620 Illinois Build­ sentatives: Frank C. Philips, Post Office be held at Pittsburgh, Pa. ing, Indianapolis, Ind. 46204. Authority Box 612, Winston-Salem, N.C., and James E. Wilson, 1735 K Street NW., Washing­ No. MC 124078 (Sub-No. 282), filed sought to operate as a common carrier, June 6, 1967. Applicant: SCHWERMAN by motor vehicle, over irregular routes, ton, D.C. Authority sought to operate as TRUCKING CO., a corporation, 611 transporting: Commodities in bulk, In a common carrier, by motor vehicle, over irregular routes, transporting: Olivine, south 28th Street, Milwaukee, Wis. 53246. tank, in hopper type vehicles, from Applicant’s representative: Richard H. Utica, 111., to points in Alabama, Arkan­ in bulk, in tank or hopper vehicles, from points in Avery, Jackson, Mitchell, and Prevette (same address as applicant). sas, Colorado, Georgia, Illinois, Indiana, Authority sought to operate as a com­ Iowa, Kansas, Kentucky, Louisiana, Yancey Counties, N.C., to points in Ala­ bama, Georgia, Pennsylvania, and Ten­ mon carrier, by motor vehicle, over ir­ Michigan, Minnesota, Mississippi, Mis­ regular routes, transporting: Cement, souri, Nebraska, North Dakota, Ohio, nessee (except Elizabethton and Kings­ port, Tenn.). N o t e : Common control (1) from the plantsite of United Cement Oklahoma, Pennsylvania, South Dakota, Co. at Memphis, Tenn., to points in Mis­ Tennessee, Texas, West Virginia, Wis­ may be involved. The purpose of this republication is to broaden the origin sissippi; that part of Arkansas east of consin, and Wyoming. N o t e : If a hearing Marion, Searcy, Pope, Conway, Perry, is deemed necessary, applicant requests point. If a hearing is deemed necessary, applicant requests it be held at Wash­ Saline, Grant, Dallas, Calhoun, and it be held at Washington, D.C. Union Counties, Ark.; that part of Ken- No. MC 119974 (Sub-No. 16) (Amend­ ington, D.C. • tucky west of Hancock, Breckinridge, ment), filed May 15, 1967, published No. MC 123407 (Sub-No. 31), filed June Grayson, Edmonson, Barren, and Allen F ederal R egister Issue of June 2, 1967, 12, 1967. Applicant: SAWYER TRANS­ Counties, Ky.; and that part of Ten­ amended June 14, 1967, and republished PORT, INC., 2424 Minnehaha Avenue, nessee west of Sumner, Wilson, Ruther­ as amended this issue. Applicant: L. C. L Minneapolis, Minn. 55404. Applicant’s ford, Bedford, Moore, and Franklin TRANSIT COMPANY, a corporation, representative: Gene P. Johnson, 502 Counties, Tenn.; and (2) from Lee and Post Office Box 949, 54305, 520 North First National Bank Building, Fargo, N. Lowndes Counties, Miss., to points in Roosevelt Street, Green Bay, Wis. 54301. Dak. 58102. Authority sought to operate Alabama, Arkansas, Louisiana, Missis­ as a common carrier, by motor vehicle, Applicant’s representative: Charles E. sippi, and Tennessee. N o t e : Applicant Dye (same address as applicant). Au­ over irregular routes, transporting: (1) states that tacking is possible in con­ thority sought to operate as a common Building, roofing, and insulating mate­ junction with its presently held author­ carrier, by motor vehicle, over irregular rials, and related articles, cement and ity in MC 124078 Subs 10 and 13. If a

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9270 NOTICES hearing is deemed necessary, applicant tion is to enable aplicant to serve its con­ buildings which are designed to be drawn requests it be held at Memphis, Term. tracting shippers from new sources of by passenger vehicles, and commodities No. MC124211

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 NOTICES 9271 June 12, 1967, and republished as Louisiana, Arkansas, Missouri, Iowa, County), Tenn., on the one hand, and, amended this issue. Applicant: RAY L. Minnesota, Nebraska, Kansas, Okla­ on the other, points in Alabama, Arkan­ STOTTS, Route No. 2, Zanesville, Ohio. homa, Texas, Arizona, and California. sas, Florida, Georgia, Illinois, Indiana, Applicant’s representatives: David C. N ote: If a hearing is deemed necessary, Kentucky, Louisiana, Maryland, Missis­ Stradley and Robert T. Fitzsimons, 50 applicant requests it be held at Tampa, sippi, Missouri, North Carolina, Ohio, West Broad Street, Columbus, Ohio Fla. Oklahoma, South Carolina, Tennessee, 43215. Authority sought to operate as a No. MC 128846 (Sub-No. 1), filed Texas, Virginia, and West Virginia; (5) contract carrier, by motor vehicle, over June 7, 1967. Applicant: A. GUEBERT, between Danville, Va., on the one hand, irregular routes, transporting: Scrap INC., Red Bud, 111. Applicant’s repre­ and, on the other, points in Delaware, material, between points in Ohio, Ken­ sentative: Delmar O. Koebel, 107 West Georgia, Kentucky, Maryland, New Jer­ tucky, West Virginia, Pennsylvania, In­ St. Louis Street, Lebanon, 111. 62254. sey, New York, North Carolina, Ohio, diana, and Michigan, under contract Authority sought to operate as a com­ Pennsylvania, South Carolina, Tennes­ with Muskingun Iron & Metal Co. No te: mon carrier, by motor vehicle, oyer see, West Virginia, and the District of The purpose of this republication is to irregular routes, transporting: (1) Dex- Columbia; (6) between Roseburg, Oreg., substitute Muskingun Iron & Metal Co., molass and feed products, from Clinton, on the one hand, and, on the other, in lieu of Harry L. Calig Co., as support­ Iowa, to Sparta, Nashville, and Murphys- points in Washington, California, Ne­ ing shipper. If a hearing is deemed neces­ boro, 111., (2) mineral supplement and vada, Arizona, New Mexico, Colorado, sary, applicant requests it be held at feed products, from Hannibal, Mo., to Utah, Idaho, Montana, and Wyoming, Columbus, Ohio. Sparta, Nashville, and Murphysboro, 111., and ports of entry on the international No. MC 128669 (Sub-No. 3), filed June (3) farm equipment, from Goshen, Ind., boundary line between the United States 12, 1967. Applicant: A. E. MORRIS, to Sparta, Nashville, and Murphysboro, and Canada located in Washington and Route 3, Virgilina, Va. Applicant’s repre­ HI., and (4) rough and unfinished lum­ Montana; (B) wheels, axles, and hitches, sentative: Henry .W. McLaughlin III, ber, from points in Illinois on and south between points in the United States (ex­ Halifax, Va. 24558. Authority sought to of U.S. Highway 50, to points in Lake, cept Alaska and Hawaii), on the one operate as a common carrier, by motor Porter, and La Porte Counties, Ind. Note: hand, and, on the other, Falls City and vehicle, over irregular routes, transport­ If a hearing is deemed necessary, appli­ North Bend, Nebr.; Arlington (Shelby ing: (A) Plant mix, granular asphalt, in cant requests it be held at St. Louis, Mo., County), Tenn.; Hamilton, Haleyville, bulk, and sand, from (1) from the site and Springfield, 111. and Red Hay, Ala.; Danville, Va.; and of the W. E. Graham Vulcan Materials No. MC 128909 (Sub-No. 1) (Amend­ Roseburg, Oreg. Restriction: All service quarry 3 miles north of South Boston, ment), filed March 2, 1967, published included herein is to be performed under Va., (2) from the Southern Materials F ederal R egister issues of March 23, continuing contracts with the Com­ quarry one-fourth mile from Bracey, 1967, and April 13, 1967, respectively, modore Corp., Omaha, Nebr., its wholly Mecklenburg County, Va., (3) from the amended June 13, 1967 and republished owned subsidiaries and its divisions, hav­ site of a quarry about 2 miles north of as amended, this issue. Applicant: ing plants at the specific named points Buggs Island, Mecklenburg County, Va., COMMODORE CONTRACT CARRIER, set out in Parts A and B above. N o te: and (4) from the site of a quarry about 2 INC., 2410 Dodge Street, Omaha, Nebr. The purpose of this 'republication is to miles east of Edgerton, Va., to points in Applicant’s representative: Donald L. add the State of Alabama as a destina­ Person, Granville, Vance, and Warren Stem, 630 City National Bank Building, tion point in A(4) above. If a hearing Counties, N.C., and (B) crushed stone Omaha, Nebr. Authority sought to op­ is deemed necessary, applicant requests and sand, (1) from the site of the W. E. erate as a contract carrier, by motor ve­ it be held at Omaha, Nebr. Graham Vulcan Materials quarry 3 miles hicle, over irregular routes, transporting: No. MC 128939 (Sub-No. 3), filed June north of South Boston, Va., to Roxboro, (A) Mobile homes, house trailers de­ 5, 1967. Applicant: AYRCO CORPORA­ N.C„ and paints in Person and Granville signed to be drawn by passenger autos, TION, 3921 Imlay Street, Toledo, Ohio Counties, N.C., (2) from the site of the and homes designed to be drawn by 43612. Applicant’s representative: Rob­ Shelton quarry in North Carolina south motor vehicle only when partially dis­ ert A. Sullivan, 1800 Buhl Building, De­ of Danville, Va., to Reidsville and Leaks- assembled, in initial and secondary troit, Mich. 48226. Authority sought to ville, N.C., and points in Rockingham and movement, in towaway and truckaway operate as a contract carrier, by motor Caswell Counties, N.C., (3) from the site service: (1) Between Falls City and vehicle, over irregular routes, transport­ of quarry about 2 miles east of Edgerton, North Bend, Nebr., Arlington (Shelby ing: Beer and malt beverages, from Mil­ Va., to points in Halifax, Northampton, County), Term., Hamilton, Haleyville, waukee, Wis., to Toledo, Ohio, and empty and Warren Counties, N.C., and (4) from and Red Bay, Ala., Danville, Va., and containers and rejected and/or damaged the site of a quarry about 2 miles north Roseburg, Oreg.; (2) between Falls City, shipments, on return under contract of Buggs Island, Mecklenburg County, Nebr., on the one hand, and, on the with Maumee Valley Distributing Co. Va., to points in Vance and Granville other, points in Arizona, Arkansas, N o te: If a hearing is deemed necessary, Counties, N.C. N o te: If a hearing is Colorado, Idaho, Illinois, Indiana, Iowa, applicant requests it be held at Toledo, deemed necessary, applicant requests it Kansas, Kentucky, Louisiana, Minnesota, Ohio, or Washington, D.C. be held at Richmond, Va., or Washing­ Mississippi, Missouri, Montana, Nevada, No. MC 128955 (Sub-No. 1), filed June ton, D.C. New Mexico, North Dakota, Ohio, Okla­ 15, 1967. Applicant: INTERNATIONAL No. MC 128791 (Sub-No. 1), filed homa, Oregon, South Dakota, Tennessee, MOVERS, INC., 1244 Knoxville Street, June 16, 1967. Applicant: L & S BOAT Texas, Utah, Washington, Wyoming, and San Diego, Calif. 92110. Authority sought TRANSPORTATION COMPANY, INC., Wisconsin, and ports of entry on the in­ to operate as a common carrier, by motor 3356 53d Avenue North, St.-Petersburg, ternational boundary line between the vehicle, over irregular routes, transport­ Fla. 33714. Applicant’s representative: United States and Canada, located in ing: Used household goods, as defined by M. Craig Massey, 223 South Florida Ave­ Minnesota, North Dakota, Montana, and the Commission, 17 M.C.C. 467, between nue, Post Office Drawer J, Lakeland, Fla. Washington; (3) between North' Bend, points in San Diego County, Calif., re­ 33802. Authority sought to operate as a Nebr., on the one hand, and, on the stricted to traffic having a prior or sub­ common carrier, by motor vehicle, over other, points in Arizona, Arkansas, sequent out-of-State movement. N ote : If irregular routes, transporting: Boats and Colorado, Idaho, Illinois, Indiana, Iowa, a hearing is deemed necessary, appli­ boat parts, and supplies and equipment Kansas, Minnesota, Missouri, Montana, cant requests it be held at Los Angeles, moving in connection therewith, from Nevada, New Mexico, North Dakota, Calif. Points in Florida to points in Maine, New South Dakota, Oklahoma, Oregon, Utah, No. MC 128974 (Sub-No. 1), filed June Hampshire, Vermont, Massachusetts, Tennessee, Texas, Wyoming, Washing­ 7, 1967. Applicant: CLIFFORD R. Rhode Island, Connecticut, New York, ton, and Wisconsin, and ports of entry LATHROP, 487 Barrett Street, Elgin, 111. New Jersey, Pennsylvania, Delaware, on the international boundary line be­ 60118. Applicant’s representative: Rob­ Maryland, District of Columbia, Virginia, tween the United States and Canada lo­ ert T. Lawley, 308 Reisch Building, West Virginia, North Carolina, South cated in Minnesota, North Dakota, and Springfield, 111. 62701. Authority sought Carolina, Georgia, Florida, Alabama, Montana. to operate as a common carrier, by motor Mississippi, Tennessee, Kentucky, Ohio, (4) Between Hamilton, Haleyville,vehicle, over irregular routes, transport­ Indiana, Michigan, Illinois, Wisconsin, and Red Bay, Ala., and Arlington (Shelby ing: Cattle, other than ordinary, be-

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9272 NOTICES

tween points in Illinois, on the one hand, sary, applicant requests it be held at chusetts, New Hampshire, Vermont and, on the other, points in the United Albuquerque or Santa Fe, N. Mex. Maine, Delaware, Rhode Island, Texas, States, except Alaska and Hawaii. N ote: No. MC 129117 (Sub-No. 2), filed and the District of Columbia. Note: If a If a hearing is deemed necessary, appli­ June 12, 1967. Applicant: JOHN A. hearing is deemed necessary, applicant cant requests it be held at Springfield, LAWLOR, 158 Morton Boulevard, Plain- requests it be held at Memphis, Tenn. 111., or St. Louis, Mo. view, Long Island, N.Y. 11803. Appli­ No. MC 129i62, filed June 2, 1967. Ap­ No. MC 129023 (Sub-No. 2), filed June cant’s representative: Edward M. Al- plicant: SCHILLI TRANSPORTATION, 6, 1967. Applicant: JOHN C. MADIGAN, fano, 2 West 45th Street, New York, INC., 230 St. Clair Avenue, East St JR., Shaker Road, Harvard, Mass. 01451. N.Y. 10036. Authority sought to operate Louis, Hi. 62201. Applicant’s representa­ Applicant’s representative: Prank J. as a common carrier, by motor yehicle, tive: Thomas F. Kilroy, 1341 G Street Weiner, Investors Building, 536 Granite over irregular routes, transporting: Arti­ NW., Washington, D.C. 20005. Authority Street, Braintree, Mass. 02184. Authority ficial flowers and artificial flower ar­ sought to operate as a common carrier, sought to operate as a common carrier, rangements, from the plantsite of Cor- by motor vehicle, over irregular routes, by motor vehicle, over irregular routes, ham Artificial Flower Co., located at transporting: (1) Clay products and transporting: Fertilizer and fertilizer White Plains, N.Y., to points in the New jointing materials, from St. Louis, Mo., materials, dry in bulk, in dump-type and York, N.Y., commercial zone as defined to points in Alabama, Arkansas, Florida, hopper-type vehicles, (1) from Wobem, by the Commission. N o te: If a hearing Georgia, Illinois, Indiana, Iowa, Ken­ Mass., to points in Maine, New Hamp­ is deemed necessary, applicant requests tucky, Louisiana, Michigan, Minnesota, shire, Vermont, Rhode Island, Connecti­ it be held at New York, N.Y. Mississippi (except Blue Mountain and cut, and points in Albany, Columbia, No. MC 129141, filed May 25, 1967. Ripley), Nebraska, North Carolina, Ohio, Rensselaer, Saratoga, and Washington Applicant: WILLIAM E. HARPS, doing Oklahoma, South Carolina, and Tennes­ Counties, N.Y., and (2) from Billerica, business as, WILLIAM (BILL) HARPS see, (2) clay, clay products, and jointing Mass., to points in Maine and New TOWING SERVICE, 820 West Chestnut materials, from points in Alabama, Ar­ Hampshire on and south of U.S. High­ Street, Washington, Pa. 15301. Appli­ kansas, Florida, Georgia, Illinois, Indi­ way 302, points in Tolland and Windham cant’s representative: John A. Vuono, ana (except Clay County), Iowa, Ken­ Counties, Conn., Bennington, Windham, 1515 Park Building, Pittsburgh, Pa. 15222. tucky, Louisiana, Michigan, Minnesota, and Windsor Counties, Vt.; and points Authority sought to operate as a com­ Mississippi (except Blue Mountain and in Rhode Island. N o te: If a hearing is mon carrier, by motor vehicle, over ir­ Ripley), Nebraska, North Carolina, Ohio, deemed necessary, applicant requests it regular routes, transporting: Wrecked, Oklahoma, South Carolina, and Tennes­ be held at Boston, Mass. disabled, and repossessed motor vehicles see, to St. Louis, Mo., and (3) corrugated Na MC 129034 (Sub-No. 1), filed June and trailers, and replacement vehicles fiberboard boxes and interior parts, and 9, 1967. Applicant: LOOMIS COURIER for wrecked and disabled motor vehicles, corrugated pulpboard sheets, (a) from SERVICE, INC., 55 Battery Street, and trailers, by use of wrecker equip­ Fenton, Mo., to points in that part of Seattle, Wash. 98121. Applicant’s repre­ ment only, between points in Delaware, Indiana on, south, and west, of a line be­ sentative: George H. Hart, 1100 IBM Illinois, Indiana, Kentucky, Maryland, ginning at the Ulinois-Indiana State line Building, Seattle, Wash. 98101. Authority Michigan, New Jersey, New York, Ohio, and extending along U.S. Highway 50 to sought to operate as a contract carrier, Pennsylvania, Virginia, West Virginia, junction* U.S. Highway 231, and thence by motor vehicle, over irregular routes, and the District of Columbia. N ote : If a along U.S. Highway 231 to the Indiana- transporting: Interoffice records and hearing is deemed necessary, applicant Kentucky State line, points in Illinois memorandums, accounting and billing requests it be held at Pittsburgh, Pa. (except Chicago, and points in the Chi­ records, commercial papers, documents, No. MC 129157, filed June 5,' 1967. cago, HI., commercial zone, as defined by written instruments and business rec­ Applicant: WILMER J. MEHLHAF, do­ the Commission), points in that part of ords, between Portland, Oreg., on the one ing business as MEHLHAF TRUCKING, Arkansas on and north of U.S. Highway hand, and, on the other, points in Clark Menno, S. Dak. 57045. Applicant’s rep­ 70, points in that part of Oklahoma on, and Cowlitz Counties, Wash., under con­ resentative: Don A. Bierle, 322 Walnut, north, and east of a line beginning at the tract with Safeway Stores, Inc.; Crown Yankton, S. Dak. 57078. Authority sought Arkansas-Oklahoma State line and ex­ Zellerbach Corp.; and J. C. Penney Co. to operate as a common carrier, by motor tending along U.S. Highway 70 to junc­ Note: If a hearing is deemed necessary, vehicle, over irregular routes, transport­ tion U.S. Highway 81, arid thence along applicant requests it be held at Portland, ing: Feed, steel angles, sheets, steel U.S. Highway 81 to the Oklahoma-Kan- Oreg., or Seattle, Wash. beams, farm machinery, and repair parts, sas State-line, and points in that part of No. MC 129035 (Amendment), filed household appliances, lumber, and build­ Kansas on, east, and north of a line be­ April 19, 1967, published F ederal R eg­ ing material, and fertilizer, (1) from ginning at the Kansas-Oklahoma State ister issue of May 11, 1967, amended Sioux City, Iowa, to Menno, S. Dak.; and line and extending along Kansas High­ June 16, 1967, and republished as (2) from Charles City, Iowa, to Menno, S. way 49 to junction U.S. Highway 160, amended this issue. Applicant: OAKLEY Dak. N ote : If a hearing is deemed neces­ thence along U.S. Highway 160 to junc­ TRANSFER & STORAGE COMPANY, sary, applicant requests it be held at tion Kansas Highway 14, and thence INC., 4115 Edith Boulevard NE., Albu­ Sioux City, Iowa, or Sioux Falls, S. Dak. along Kansas Highway 14 to the Kansas- querque, N. Mex. 87107. Applicant’s rep­ No. MC 129161, filed June 5, 1967. Nebraska State line, and (b) from Evans­ resentative: J. E. Gallegos, 215 Lincoln Applicant: CHARLES E. HOLSTINE, ville, Ind., to Fenton, Mo. N ote: Appli­ Avenue, Santa Fe, N. Mex. Authority JESSE HOLSTINE, HUGH HOLSTINE, cant seeks to convert its contract carrier sought to operate as a common carrier, a partnership, doing business as HOLT- applications MC 117509 and Subs except by motor vehicle, over irregular routes, STINE AND COMPANY, 2100 South its MC 117509 Sub 2 to common carrier transporting: General commodities hav­ Bellevue, Memphis, Tenn. 38106. Appli­ operations as set forth above. Dual op­ ing a prior or subsequent movement by cant’s representative: Dale Woodall, 900 erations may be involved. If a hearing is air carrier (except commodities in bulk, Memphis Bank Building, Memphis, Tenn. deemed necessary, applicant requests it those of unusual value, household goods 38103. Authority sought to operate as a be held at St. Louis, Mo., or Washington, as defined by the Commission, and those common carrier, by motor vehicle, over D.C. requiring special equipment), and con­ irregular routes, transporting: Alumi­ No. MC 129165, filed June 9, 1967. tainerized household goods, weighing num frames, glazed and unglazed, and Applicant: BIRD TRUCKING & CART­ 1,000 pounds or less, between the Albu­ uncrated and crated glass, from Mem­ AGE, INC., 7447 Dix, Detroit, Mich. querque Sunport, Albuquerque, N. Mex., phis, Tenn., to points in Minnesota, 48209. Applicant’s representative: Rob­ and points in Bernalillo, Sandoval, Iowa, Missouri, Arkansas, Louisiana, ert A. Sullivan, 1800 Buhl Building, De­ McKinley, Valencia, Socorro, Torrance, Wisconsin, Illinois, Mississippi, Indiana, troit, Mich. 48226. Authority sought to Guadalupe, San Miguel, Santa Fe, Los Kentucky, Tennessee, Alabama, Michi­ operate as a common carrier, by motor Alamos, Taos, and Rio Arriba Counties, gan, Ohio, Georgia, Florida, South Car­ vehicle, over irregular routes, transport­ N. Mex. Note: The purpose of this re­ olina, North Carolina, Virginia, West ing: Automobile parts, assemblies, and publication is to broaden the commodity Virginia, Pennsylvania, New York, New materials used in the manufacture of description. If a hearing is deemed neces­ Jersey, Maryland, Connecticut, Massa­ automobiles, between points in Wayne

FEDERAL REGISTER, V O L 32, NO. 125— THURSDAY, JUNE 29, 1967 NOTICES 9273 County, Mich., and the Detroit commer­ deemed necessary, applicant requests it Florida, Georgia, Idaho, Illinois, In­ cial zone as defined by the Interstate be held at Allentown, Pa. diana, Iowa, Kansas, Kentucky, Louisi­ Commerce Commission, on the one hand, No. MC 129172, filed June 5, 1967. ana, Michigan, Minnesota, Mississippi, and, on the other, the Detroit Metropol­ Applicant: MARSHALL WOOD, doing Missouri, Montana, Nebraska, Nevada, itan Airport, located at Romulus, Mich., business as MARSHALL WOOD TRUCK­ New Mexico, North Carolina, North Da­ and the Willow Run Airport, located at ING, Route 1, Highway 64 East, Russell­ kota, Ohio, Oklahoma, Oregon, South Ypsilanti, Mich., having a prior or subse­ ville, Ark. 72801. Applicant’s representa­ Carolina, South Dakota, Tennessee, quent movement by air. Note : If a hear­ tive:'John H. Joyce, 26 North College, Texas, Utah, Washington, West Virginia, ing is deemed necessary, applicant re­ Post Office Box 1018, Fayetteville, Ark. Wisconsin, and Wyoming. Note: If a quests it be held at Detroit, Mich., or 72702. Authority sought to operate as a hearing is deemed necessary, applicant Washington, D.C. contract carrier, by motor vehicle, over requests it be held at New Brunswick or No. MC 129166, filed June 12, 1966. irregular routes, transporting: Frozen Newark, N.J. Applicant: RED WING TRANSPOR­ inedible meat and meat byproducts, for No. MC 22589 (Sub-No. 14), filed June TATION CORPORATION, 1320 West use in animal food, unfit for human con­ 9, 1967. Applicant: CAMPUS TRAVEL, Main Street, Red Wing, Minn. 55066. Ap­ sumption, from the plantsite of Tommy INC., doing business as CAMPUS COACH plicant’s representative: Donald B. Tay­ Lewis Packing Co. located approximately LINES, 545 Fifth Avenue, New York, lor, 3464 Minneahaha Avenue South, 6 miles north of Conway, Ark., to Crete, N.Y. 10017. Applicant’s representative: Minneapolis, Minn. 55406. Authority Nebr., Chicago, 111., Hamilton, Mich., Robert E. Goldstein, 8 West 40th Street, sought to operate as a contract carrier, Allentown, Pa., and Fond du Lac, Wis., New York, N.Y. 10018. Authority sought by motor vehicle, over irregular routes, restricted to traffic destined to named to operate as a common carrier, by motor transporting: Green salted hides, from destinations, under a continuing con­ vehicle, over irregular routes, transport­ points in Alabama, Arkansas, Colorado, tract with Tommy Lewis Packing Co. ing: Passengers and their baggage, in Georgia, Idaho, Illinois, Indiana, Iowa, Note: If a hearing is deemed necessary, charter operations and in special opera­ Kansas, Kentucky, Louisiana, Michigan, applicant requests it be held at Little tions, in round-trip, sightseeing, pleasure Mississippi, Missouri, Montana, Ne­ Rock, Ark. tours; from points in Westchester Coun­ braska, New Mexico, North Carolina, No. MC 129173, filed June 12, 1967. Ap­ ty, N.Y., to points in the United States, North Dakota, Ohio, Oklahoma, South plicant: INLAND MOVING & STORAGE and return. Note: Applicant states it Carolina, South Dakota, Tennessee, CO., a corporation, Post Office Box 15, currently holds charter operation au­ Texas, Wisconsin, and Wyoming to Red San Bernardino, Calif. 92402. Applicant’s thority from points in Westchester Coun­ Wing, Minn., and pallets, on return, representative: Edward J. Hegarty, 100 ty, N.Y., to points in New York, New under contract with S. B. Foot Tanning Bush Street, San Francisco, Calif. 94104. Jersey, Pennsylvania, Massachusetts, Co. Note : If a hearing is deemed neces­ Authority sought to operate as a com­ Connecticut, Rhode Island, Delaware, sary, applicant requests it be held at mon carrier, by motor vehicle, over ir­ Maryland, Virginia, West Virginia, and Minneapolis, Minn., or Chicago, 111. regular routes, transporting: Household the District of Columbia, and return. If No. MC 129167 (Sub-No. 1), filed goods, as defined by the Commission, be­ a hearing is deemed necessary, appli­ June 12, 1967. Applicant: MICHAEL A. tween points in San Bernardino, River­ cant requests it be held at New York, TOKARSKY, JR., 624 Shady Lane, side, Los Angeles, and Orange Counties, N.Y. Windber, Pa. 15963. Applicant’s repre­ Calif., restricted to shipments having a No. MC 59238 (Sub-No. 62), filed June sentative: Arthur J. Diskin, 302 Frick prior or subsequent movement in con­ 13, 1967. Applicant: VIRGINIA STAGE Building, Pittsburgh, Pa. 15219. Au­ tainers in interstate or foreign com­ LINES, INCORPORATED, Post Office thority sought to operate as a common merce. Note: If a hearing is deemed Box 951, Charlottesville, Va. 22902. Ap­ carrier, by motor vehicle, over irregular necessary, applicant requests it be held plicant’s representative: James E. Wil­ routes, transporting: Coal, in bulk, in at Sah Francisco, Calif. son, 1735 K Street NW., Washington, dump vehicles, from points in Somerset No. MC 129185, filed June 15,1967. Ap­ D.C. 20006. Authority sought to operate and Cambria Counties, Pa., to points in plicant: DALE J. COOK MOVING AND as a common carrier, by motor vehicle, Maryland. Note: If a hearing is deemed STORAGE, INC., 4700 Paramount Drive, over regular routes, transporting: Pas­ necessary, applicant requests it be held North Charleston, S.C. Applicant’s sengers and their baggage and express at Washington, D.C., or Pittsburgh, Pa. representative: J. Mitchell Graham, and newspapers in the same vehicle with No. MC 129170, filed June 9, 1967. Post Office Box 223, Charleston, S.C. AuJ passengres, between Waynesboro and Applicant: MORTIMER & WALLACE, thority sought to operate as a common Roanoke, Va., from Waynesboro over INC., 914 San Clemente, Wilmington, carrier, by motor vehicle, over irregular U.S. Highway 340 to junction Interstate Calif. 90744. Applicant’s representative: routes, transporting: Household goods Highway 81, thence over Interstate High­ C. J. Van Duker, 768 Brannan Street, San and furniture and fixtures, when moving way 81 to junction Interstate Highway Francisco, Calif. 94103. Authority sought on through bills of lading of an exempt 581, thence over Interstate Highway 581 to operate as a contract carrier, by motor freight forwarder, between points in to Roanoke, Va., and return over the vehicle, over irregular routes, transport­ Charleston, Dorchester, Berkeley Coun­ same route, serving no intermediate ing: Animal and poultry feed, in bulk, ties, S.C., within a 30-mile radius of points. Note: Common control may be from points in California and Arizona, to Charleston and points in South Carolina. involved. If a hearing is deemed neces­ the Los Angeles, Calif., Harbor Area, Note : If a hearing is deemed necessary, sary, applicant requests it be held at under contract with Ontario Feed & Mill­ applicant requests it be held at. Charles­ Roanoke, Va. ing Co., Pacific Vegetable Oil Corp., Paul ton, S.C. No. MC 108219 (Sub-No. 6), filed June Bimmerman Co., Frank Noonan Co., 13, 1967. Applicant: GREY GOOSE BUS A. H. Ascherman, Inc., Bunge Corp., Motor Carriers of P assengers LINES, LIMITED, 301 Bumell Street, Pacific Milling Co., and Morse Pellet Mill No. MC 3647 (Sub-No. 395), filed June Winnipeg 10, Manitoba, Canada. Appli­ Co. Note: If a hearing is deemed neces­ 1, 1967. Applicant: PUBLIC SERVICE cant’s representative: Robert A. Wurst, sary, applicant requests it be held at Los COORDINATED TRANSPORT, a cor­ Post Office Box 8, Thief River Falls, Angeles, Calif. poration, 180 Boy den Avenue, Maple­ Minn. 56701. Authority sought to oper­ No. MC 129171, filed June 12, 1967. wood, N J. 07040. Applicant’s representa­ ate as a common carrier, by motor ve­ Applicant: ARTHUR SHELLEY, Dallas, tive: Richard Fryling (same address as hicle, over regular routes, transporting: Pa. 18612. Applicant’s representative: applicant). Authority sought to operate Passengers and their baggage and ex­ Kenneth R. Davis, 1106 Dartmouth as a common carrier, by motor vehicle, press, in the same vehicle with passen­ Street, Scranton, Pa. Authority sought over irregular routes, transporting: Pas­ gers, between the port of entry located to operate as a common carrier, by motor sengers and their baggage in the same on the international boundary line be­ vehicle, over irregular routes, transport­ vehicle with passengers, in special opera­ tween the United States ¡and Canada, ing: Candy and confectionery products tions, in round-trip, sightseeing, and located on U.S. Highway 59, and Detroit requiring refrigerated service, from pleasure tours, beginning and ending at Lakes, Minn., over U.S. Highway 59, Bethlehem, Pa., to Chicago, 111., Seattle, points in Middlesex County, N.J., and ex­ serving the intermediate points of Lan­ Wash., Los Angeles and Oakland, Calif., tending to points in Alaska, Alabama, caster, Lake Bronson, Halma, Karlstad, snd Denver, Colo. Note : If a hearing is Arizona, Arkansas, California, Colorado, Strandquist, Newfolden, Thief River

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 No. 125—Pt. I----9 9274 NOTICES Falls, Plummer, Brookes, Erskine, Wing­ nue NW., Washington, D.C. 20036. Au­ way 385 to Andrews, Tex., thence west er, Bejou, Mahnomen, Waubun, Ogema, thority sought under Part in of the over Texas Highway 176 to the Texas- Callaway, and Westbury. Minn. Note: If Interstate Commerce Act, for a revised New Mexico State line, thence over New a hearing is deemed necessary, applicant certificate to operate as a common car­ Mexico Highway 176 to junction New requests it be held at Thief River Falls rier, in interstate or. foreign commerce Mexico Highway 18, and return over the by non-self-propelled vessels with the same route serving no intermediate or Detroit Lakes, Minn. points, for operating convenience only. No. MC 128753 (Sub-No. 3), filed June use of separate towing vessels in the transportation of general commodities, Note : Common control may be involved. 16, 1967. Applicant: ASSOCIATED BUS and by towing vessels in the performance No. MC 97699 (Sub-No. 24), filed COMPANY OF OAKLAND, a corpora­ of general towage, (a) between ports and June 14, 1967. Applicant: BARBER tion, 921 Bergen Avenue, Jersey City, points along the Arkansas and Verdigris TRANSPORTATION CO., a corporation, N.J. 07306. Applicant’s representative: Rivers and their tributaries from Ca­ 321 Sixth Street, Rapid City, S. Dak. Ap­ Charles J. Williams, 47 Lincoln Park, toosa, Okla., to the confluence of Arkan­ plicant’s representative: MarionF. Jones, Newark, N.J. 07102. Authority sought to sas River with the Mississippi River, in­ 420 Denver Club Building, Denver, Colo. operate as a contract carrier, by motor cluding the Arkansas Post Canal and the 80202. Authority sought to operate as a vehicle, over irregular routes, transport­ White River, and (b) between ports and common carrier, by motor vehicle, over ing: Passengers, and their baggage, be­ points specified above, on the one hand, regular routes, transporting: General tween Manhattan and the Bronx, N.Y., and, on the other, ports and points along commodities, except those of unusual on the one hand, and, on the other, East (1) the Mississippi River below and in- value, classes A and B explosives, house­ Paterson, N.J., under contract with cluding\Minneapolis, Minn., (2) the Min­ hold goods as defined by the Commission, Kohner Bros., Inc. Note: Common con­ nesota River below and including Shako- commodities in bulk, commodities re­ trol and dual operations may be in­ pee, Minn., (3) the St. Croix River below quiring special equipment, and those in­ volved. If a hearing is deemed necessary, .and including Stillwater, Minn., (4) the jurious or contaminating to other lading, applicant requests it be held at Newark, Illinois Waterway, a n d connecting serving Jefferson, Iowa, unrestricted, as N.J., or New York, N.Y. canals and waterways, including canals an intermediate point on applicant’s au­ No. MC 129153 (Sub-No. 1), filed June and waterways serving Chicago, 111., thorized routes between Chicago, HI., 13, 1967. Applicant: HORIZON LIMOU­ Whiting, Ind., East Chicago, Ind., Gary, and Sioux City, Iowa. Note: Applicant SINE SERVICE, INC., 2182 Lemoine Ind., and Michigan City, Ind., and (5) states in MC 97699, Sub 4, it is authorized Avenue, Fort Lee, N.J. 07024. Applicant’s the Mississippi River-Gulf Outlet Chan­ to transport the above commodities be­ representative: Charles H. Trayford, 137 nel, except to the extent authorized in its tween Chicago, HI., and Sioux City, Iowa, East 36th Street, New York, N.Y. 10016.. fifth amended certificate and order. serving Jefferson as an intermediate Authority sought to operate as a com­ No. W-1235, SECURITY BARGE LINE, point, restricted to traffic moving from mon carrier, by motor vehicle, over INC., Common Carrier Application, filed Sioux City, Iowa. The sole purpose of irregular routes, transporting: Passen­ June 14, 1967. Applicant: SECURITY this application is to permit pickup and gers and their baggage limited to trans­ BARGE LINE, INC., 539 Highway 82 delivery service at Jefferson, unrestricted. portation of not more than seven pas­ East, Post Office Drawer 4927, Green­ No. MC 111301 (Sub-No. 14), filed June sengers in any one vehicle, not including ville, Miss. Applicant’s representative: 5, 1967. Applicant: L. J. KREUTZER, the driver thereof, in special operations, Donald W. Smith, Suite 511, Fidelity doing business as KREUTZER MOTOR between Fort Lee, N.J., and New York, Building, Indianapolis, Ind. 46204. Au­ EXPRESS, 1423 Third Avenue, Mankato, N.Y. Note: Applicant states that this is thority sought to operate as a common Minn. 56001. Applicant’s representative: a door-to-door limousine service on an carrier in interstate or foreign commerce Charles A. Adamson, 210 Walnut Street, individual ticket basis. If a hearing is under Part HI of the Interstate Com- Mankato, Minn. 56001. Authority sought deemed necessary, applicant requests it - ’ merce Commission by water, by non­ to operate as a contract carrier, by motor be held at New York, N.Y. self-propelled vessels with the use of vehicle, over irregular routes, transport­ ing: Stone, rough and finished, from Application for Brokerage License separate towing vessels in the trans­ portation of general commodities, and by Mankato and Kasota, Minn., to points in No. MC 130039, filed May 26,1967. Ap­ towing vessels in the performance of Montana, Wyoming, Colorado, Kansas, plicant: WILLIAM NEZOWY, doing general towage, (a) between ports and New Mexico, Oklahoma, and Texas, un­ business as ASTRO TRAVEL SERVICE, points on the Arkansas and Verdigris der contract with Mankato Stone Co. 1411 Walnut Street, Philadelphia, Pa. Rivers, from Catoosa, Okla., to the con­ and Babcock Stone Co. Applicant’s representative: Alan Kahn, fluence of the Arkansas River with the No, MC 116063

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 NOTICES 9275 Term.; Louisville, Ky.; Birmingham, Tariff—Supplement 38 to Southwest­ U.S. Highway 50 between Oakland and Ala,; Atlanta, Ga.; Jacksonville, Fla.; ern Freight Bureau, agent, tariff I.C.C. Stockton, (8 ) State Highway 120 be­ Charlotte, N.C.; Richmond, Va.; Cincin­ 4690. tween its junction with U.S. Highway 50 nati and Cleveland, Ohio; and Detroit, and Manteca, (9) State Highway 33 be­ Mich. By the Commission. tween Tracy and its junction with State No. MC 126420 (Sub-No. 9), filed [seal] - H. Neil Garson, Highway 152, (10) State Highway 132 June 7, 1967. Applicant: ALASKA Secretary. between Vemalis and Modesto, (11) STEAMSHIP COMPANY, a corporation, [F.R. Doc. 67-7405; FUed, Ju n e 28, 1967; State Highway 152 between Watsonville Pier 42, Seattle, Wash. Applicant’s repre­ 8:50 a.m.] and Gilroy, (12) State Highway 129 be­ sentative : George R. LaBissoniere, 920 tween Watsonville and its junction with Logan Building, Seattle, Wash. 98101. U.S. Highway 101 three miles south of Authority sought to operate as a com­ NOTICE OF FILING OF MOTOR CAR­ Sargent, (13) U.S. Highway 99 and In­ mon carrier, by motor vehicle, over RIER INTRASTATE APPLICATIONS terstate Highway 5 between Sacramento and San Diego, (14) State Highway 17 irregular routes, transporting: General J une 23, 1967. commodities (except those of unusual between Oakland and San Jose, (15) value, classes A and B explosives, house­ The following applications for motor State Highway 82 between San Francisco hold goods as defined by the Commission, common carrier authority to operate in and San Jose, (16) U.S. Highway 101 commodities in bulk, livestock, com­ intrastate commerce seek concurrent between San Francisco and the Los modities requiring special equipment), motor carrier authorization in interstate Angeles Territory all as described by the between points in that part of Alaska or foreign commerce within the limits of California Public Utilities Commission, south and east of the international the intrastate authority sought, pursuant (17) All streets and highways and points boundary line between the United States to section 206(a) (6) of the interstate and places within the Los Angeles Ter­ and Canada, located at or near Haines, Commerce Act, as amended October 15, ritory all as described by the California Alaska. Note: Common control may be 1962. These applications are governed by Public Utilities Commission, (18) Any involved. Special Rule 1.245 of the Commission’s direct route or routes between points in No. MC 129162 (Sub-No. 1), filed June rules of practice, published in the F ed­ the Los Angeles Territory on the one 1, 1967. Applicant: SCHILLI TRANS­ eral R egister, issue of April 11, 1963, hand, and, on the other, Brea, La Habra, PORTATION, INC., 230 St. Clair Ave­ page 3533, which provides, among other Pomona, and Santa Ana, (19) State nue, East St. Louis, HI. 62201. Applicant’s things, that protests and requests for Highway 180 between Fresno and Sanger, representative. Thomas P. Kilroy, 1341 information concerning the time and (20) State Highway 152 between Los G Street NW., Washington, D.C. 20005. place of State Commission hearings or Banos and its junction with State High­ Authority sought to operate as a common other proceedings, any subsequent way 99, and (21) Interstate Highway 10 changes therein, and any other related between Los Angeles Territory and Red­ carrier, by motor vehicle, over irregular matters shall be directed to the State routes, transporting: (1) Nitroglycerin, lands. Restriction: No transportation is desensitized in drums, from Martinsburg, Commission with which the application authorized of liquid dairy products and W. Va., McArthur, Ohio, and Atlas, Mo., is filed and shall not be addressed to or whole fresh eggs. Both intrastate and to East Alton, 111., and (2) drums, empty, filed with the Interstate Commerce interstate authority sought. Note: The Commission. purpose of this republication is to add and their contents of solvent, on return. State Docket No. A 49327 (Amend­ No te: Applicant holds contract carrier (c) to the commodity description above, authority under MC 117509 Sub-2 and ment), filed May 1, 1967, published in and reflect the hearing information. other subs, therefore, dual operations F ederal R egister, issue of May 17, 1967, HEARING: July 17, 18, and 19, 1967, and common control may be involved. amended June 14, 1967, and republished Public Utilities Commission, State of as amended, this issue. Applicant: California, State Building, Civic Center, By the Commission. KINGS COUNTY TRUCK LINES, Alpine 455 Golden Gate Avenue, San Francisco, [seal] H. Neil Garson, and L Streets, Post Office Box 1016, Calif. Requests for procedural informa­ Secretary. Tulare, Calif. Applicant’s representa­ tion, including the time for filing such tive: Handler, Baker & Greene, 405 Mont­ protests, concerning this application [P.R. Doc. 67-7282; Piled, Ju n e 28, 1967; gomery, San Francisco, Calif. 94104. should be addressed to the California 8:45 a.m.] Certificate of public convenience and Public Utilities Commission, State Build­ necessity sought to operate a freight ing, Civic Center, 455 Golden Gate Ave­ FOURTH SECTION APPLICATION service as follows: Transportation of: nue, San Francisco, Calif. 94102, and (a) Frozen foodstuffs and beverages, (b) should not be directed to the Interstate FOR RELIEF commodities requiring refrigeration Commerce Commission. J une 26, 1967. and/or temperature or atmospheric con­ By the Commission. Protests to the granting of an applica­ trol all or any part of the year, and (c) tion must be prepared in accordance with food and foodstuffs not otherwise requir­ [seal] H. Neil G arson, Rule 1.40 of the general rules of practice ing refrigeration and/or temperature or Secretary. (49 CFR 1.40) and filed within 15 days atmospheric control when tendered with [F.R. Doc. 67-7404; Filed, Ju n e 28, 1967; from the date of publication of this no­ a shipment of those commodities de­ 8:50 a.m.] tice in the F ederal R egister. scribed in (a) and (b) above, to and be­ tween the following named points over Long-and-S hort H aul and along the following routes including [Notice 410] FSA No. 41059—Lumber articles from all points located thereon, all intermedi­ MOTOR CARRIER TEMPORARY or to points in southwestern territory. ate points and points within 20 miles AUTHORITY APPLICATIONS Filed by Southwestern Freight Bureau, thereof; (l)-All streets and highways be­ agent (No. B-8995), for interested rail tween points within the San Francisco J une 26, 1967. carriers. Rates on lumber articles, in car­ Territory as described by the California The following are notices of filing of loads, as described in the application, Public Utilities Commission, (2) U.S. applications for temporary authority un­ (1) between points in southwestern ter­ Highway 40 (Interstate 80) between der section 210a (a) of the Interstate ritory, on the one hand, and points on Oakland and Roseville, (3) U.S. Highway Commerce Act provided for under the Chicago, Rock Island & Pacific Railroad 99E between Roseville and Marysville, new rules of Ex Parte No. MC 67 (49 Co., on the other, and (2) from points in (4) State Highway 20 between Marys­ CFR Part 340) published in the F ederal southwestern territory, to points on the ville and Yuba City. R egister, issue of April 27,1965, effective (5) State Highways 99 and 113 be­ CR.I. & p. r r . Co., in Illinois, Iowa, July 1, 1965. These rules provide that tween Yuba City and Woodland, (6 ) protests to the granting of an applica­ Minnesota, Missouri, and South Dakota. U.S. Highway 99W (Interstate 5) be­ tion must be filed with the field official Grounds for relief—Market compe­ tween Woodland and its junction with named in the F ederal R egister publica­ tition. UJS. Highway 40 (Interstate 80), (7) tion, within 15 calendar days after the

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9276 NOTICES date of notice of the filing of the appli­ North Carolina State line. Supporting Authority sought to operate as a contract cation is published in the F ederal shippers: There are nine shippers’ sup­ carrier, by motor vehicle, over irregular R egister. One copy of such protest must porting statements attached to applica­ routes, transporting: Radwpharmaceu- be served on the applicant, or its author­ tion, which may be examined at the ticals, radioactive drugs, and medical ized representative, if any, and the pro­ Interstate Commerce Commission in isotopes, from Newark Airport in Newark, tests must certify that such service has Washington, D.C., or at thé field office N.J., and LaGuardia and Kennedy Air­ been made. The protest must be specific named below. Send protests to: Robert ports in New York, N.Y., to points in as to the service which such protestant W. Waldron, District Supervisor, Bureau Bergen, Passaic, Sussex, Warren, Morris, can and will offer, and must consist of of Operations, Interstate Commerce Essex, Hudson, Union, Middlesex, Somer­ a signed original and six copies. Commission, 10-502 Federal Building, set, Hunterdon, Mercer, Monmouth, and A copy of the application is on file, and Richmond, Va. 23240. Ocean Counties, N.J.; Nassau, Suffolk, can be examined at the Office of the Sec­ No. MC 82079 (Sub-No. 15 TA), filed Westchester, Rockland, Orange, Ulster, retary, Interstate Commerce Commis­ June 21, 1967. Applicant: KELLER Sullivan, Putnam, and Dutchess Coun­ sion, Washington, D.C., and also in the TRANSFER LINE, INC., 1239 Randolph ties, N.Y.; Fairfield County, Conn.; and field office to which protests are to be Avenue SW., Grand Rapids, Mich. 49507. New York, N.Y.; restricted to service transmitted. Applicant’s representative: J. M. Neath, under contract with Abbott Laboratories Jr. (same address as above). Authority on traffic having an immediately prior Motor Carriers of Property sought to operate as a common carrier, movement by air and weighing not over No. MC 27817 (Sub-No. 70 TA), filed by motor vehicle, over irregular routes, 10 pounds per shipment; for 180 days. June 21,1967. Applicant: H. C. GABLER, transporting: Flour, in bulk, from Supporting shipper: Abbott Laboratories, INC., Rural Route No. 3, Chambersburg, Quincy, Mich., to Cleveland, Ohio; for North Chicago, 111. 60064. Send protests Pa. 17201. Applicant’s representative: 180 days. Supporting shipper: Williams to: Joel Morrows, District Supervisor, Christian V. Graf, 407 North Front Milling Co., division of Farm Bureau Bureau of Operations, Interstate Com­ Street, Harrisburg, Pa. 17101. Authority Services, Inc., Quincy, Mich. 49082. Send merce Commission, 1060 Broad Street, sought to operate as a common carrier, protests to: C. R. Flemming, District Newark, N.J. 07102. by motor vehicle, over irregular routes, Supervisor, Bureau of Operations, Inter­ No. MC 119531 (Sub-No. 62 TA), filed transporting: Canned goods, from the state Commerce Commission, 221 Federal June 22, 1967. Applicant: DIECK- plantsite of Little Miss Canning 06., Building, Lansing, Mich. 48933. BRADER EXPRESS, INC., 5391 Wooster Inc., near Rock Gap, Morgan County, No. MC 107583 (Sub-No. 38 TA), filed Road, Cincinnati, Ohio 45226. Applicant’s W. Va., to points in Pennsylvania, New June 21, 1967. A pplicant: SALEM representative: Raymond C. Minks Jersey, New York, Maryland, Virginia, TRANSPORTATION CO., INC., 1222 (same address as above). Authority Delaware, and the District of Columbia; Jerome Avenue, Bronx, N.Y. 10452. Ap­ sought to operate as a common carrier, for 180 days. Supporting shipper: Little plicant’s -representative: George H. by motor vehicle, over irregular routes, Miss Canning Co., Inc., Post Office Box Rosen, 265 Broadway, Monticello, N.Y. transporting: Glass bottles and paper 278, Berkeley Springs, W. Va. Send pro­ 12701. Authority sought to operate as a cartons, from Terre Haute, Ind., to Belle­ tests to: Robert W. Ritenour, District common carrier, by motor vehicle, over ville, Chicago, Joliet, and Peoria Heights, Supervisor, Bureau of Operations, Inter­ irregular routes, transporting: Blood, HI.; Milwaukee, Wis.; and St. Louis, Mo.; state Commerce Commission, 218 Cen­ blood plasma, and related medicinal and for 180 days. Supporting shipper: Amer­ tral Industrial Building, 100 North therapeutic agents, for the Armed Forces, ican Can Co., 200 South Michigan Ave­ Cameron Street, Harrisburg, Pa. 17101. in the same vehicle as passengers, be­ nue, Chicago, HI. 60604. Send protests to: No. MC 62826 (Sub-No. 19 TA), filed tween McGuire Air Force Base, N.J., on Emil P. Schwab, District Supervisor, Bu­ June 20, 1967. Applicant: CAROLINA- the one hand, and on the other, Phila­ reau of Operations, Interstate Commerce NORFOLK TRUCK LINE, INC., 2412 delphia International Airport, Pa., New­ Commission, 1010 Federal Building, 550 Virginia Beach Boulevard, Norfolk, Va. ark Airport, N.J., Kennedy International Main Street, Cincinnati, Ohio 45202. 23516. Applicant’s representative: Robey Airport, and LaGuardia Airport, New No. MC 119777 (Sub-No. 77 TA), filed Estes (same address as above). Au­ York, N.Y.; for 150 days. Supporting June 22, 1967. Applicant: LIGON SPE­ thority sought to operats as a common shipper: Department of Defense, Armed CIALIZED HAULER, INC., Post Office carrier, by motor vehicle, over regular Services Whole Blood Processing Labora­ Drawer L, Madisonville, Ky. 42431. Ap­ routes, transporting: General commodi­ tory, McGuire Air Force Base, N.J. 08641. plicant’s representative: William G. ties (except those of unusual value, Send protests to: Robert E. Johnston, Thomas (same address as above). Au­ classes A and B explosives, household District Supervisor, Bureau of Opera­ thority sought to operate as a common goods as defined by the Commission, tions, Interstate Commerce Commission, carrier, by motor vehicle, over irregular commodities in bulk, commodities re­ 346 Broadway, New York, N.Y. 10013. routes, transporting: Fiberboard, fiber - quiring special equipment, and those No. MC 109637 (Sub-No. 322 TA), filed board faced or finished with decorative injurious or contaminating to other lad­ June 22, 1967. Applicant: SOUTHERN or protective material, and accessories ing) , serving the off-route points in TANK LINES, INC., 4107 Bells Lane, and supplies used in the installation North Carolina located east or north of Louisville, Ky. 40211. Applicant’s repre­ thereof, from the site of the Masonite a line beginning at the North Carolina- sentative: G. R. Thim (same address as Corp. warehouse at Chicago, 111., to points Virginia State line, over North Carolina above). Authority sought to operate as in Indiana, Iowa, Kentucky, Michigan, Highway 168 to junction U.S. Highway a common carrier, by motor vehicle, over Missouri, Ohio, and Wisconsin; for 180 158 at or near Belcross, N.C., thence irregular routes, transporting: Lime days. Supporting shipper: Masonite over U.S. Highway 158 to junction U.S. (calcium hydroxide or calcium carbide Corp., 29 North Wacker Drive, Chicago, Highway 17 at or near Elizabeth City, residues), in bulk, in tank vehicles, from 111. 60606 (Frank E. Lawless, assistant N.C., thence southerly over U.S. High­ the plantsite of National Carbide Co., general traffic manager). Send protests way 17 to Washington, N.C., thence near Louisville, Ky., to Grand Rapids, to: Wayne L. Merilatt, District Super­ along the north shore of the Pamlico Mich.; for 150 days. Supporting shipper: visor, Bureau of Operations, Interstate River to Pamlico Sound, thence through National Carbide Co., 150 East 43d Commerce Commission, 426 Post Office the Ocracoke Inlet to the Atlantic Ocean, Street, New York, N.Y. 10017 (J. W. Building, Louisville, Ky. 40202. in connection with applicant’s presently Peterson, Director of Traffic) * Send pro­ No. MC 123407 (Sub-No. 32 TA), filed authorized regular route operations be­ tests to: Wayne L. Merilatt, District June 21, 1967. Applicant: SAWYER tween Norfolk, Va., and Wilmington, Supervisor, Bureau of Operations, Inter­ TRANSPORT, INC., 2424 Minnehaha N.C., as set forth in certificate No. MC state Commerce Commission, 426 Post Avenue, Minneapolis, Minn. 55404. Ap­ 62826, issue March 15, 1950; for 180 Office Building, Louisville, Ky. 40202. plicant’s representative: Gene P. John­ days. Note: Applicant states that the No. MC 113545 (Sub-No. 6 TA), filed son, 502 First National Bank Building, operations proposed will be joined with June 22, 1967. Applicant: CORMETT Fargo, N. Dak. 58102. Authority sought applicant’s regular routes extending be­ FORWARDING CO., INC., 260 Hudson to operate as a common carrier, by 'motor tween Washington, N.C., over U.S. High­ Street, Hackensack, N.J. 07601. Appli­ vehicle, over irregular routes, transport­ way 17, U.S. Highway 158, and North cant’s representative: Morton E. Kiel, ing: (1) Building, roofing and insulating Carolina Highway 168 to the Virginia- 140 Cedar Street, New York, N.Y. 10006. materials, and related articles, cement

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29. 1967 NOTICES 9277 and asbestos products, conduit or pipe, Authority sought to operate as a con­ transporting: Containerized household cement containing asbestos, and acces­ tract carrier, by motor vehicle, over ir­ goods and personal effects, between sories for installation, from Waukegan, regular routes, transporting: Brick, from points in Dade and Broward Counties, 111., to points in Illinois, Kentucky, the Kentwood, La., to points in Alabama, Fla.; for 180 days. Supporting shippers: Upper Peninsula of Michigan, Missouri, Arkansas, Florida, Mississippi, and Richardson Transfer & Storage Co., Inc., Mississippi, Tennessee, Wisconsin, Min­ Texas; for the account of and under a 940 South Santa Fe Avenue, Compton, nesota, Iowa, Nebraska, South Dakota, continuing contract with Kentwood Calif.; Fernstrom Moving System, Post and North Dakota; and (2) buildings, Brick & Tile Manufacturing Co., Inc.; Office Box 66220, Chicago, HI.; Routed roofing and insulating materials, from for 180 days. Supporting shipper: Kent­ Thru-Pac, Inc., 350 Broadway, New Rockdale, 111.,- to the destination points wood Brick & Tile Manufacturing Co., York, N.Y.; Continental Forwarders, set forth in (1) above; for 180 days. Re­ Inc., Post Office Drawer F, Kentwood, Inc., 105 Leonard Street, New York, N.Y.; strictions: (1) Restricted against trans­ La. 70444. Send protests to: Floyd A. Northwest Consolidators, Post Office Box portation of commodities in bulk. (2) Johnson, District Supervisor," Bureau of 3583, Terminal Annex, Seattle, Wash. Restricted to traffic originating at the Operations, Interstate Commerce Com­ 98124; and American Ensign Van Service, plantsites of Johns-Manville Products mission, 312-A, U.S. Post Office Build­ Inc., Post Office Box 2270, Wilmington, Oorp. at Waukegan, 111., and Johns- ing, Jackson, Miss. 39201. Calif. 90744. Send protests to: Joseph B. Manville Perlite Corp. at Rockdale, 111. No. MC 129188 TA, filed June 21, 1967. Teichert, District Supervisor, Bureau of (3) Restricted on traffic from Waukegan, Applicant: COLORADO AIR CARGO, Operations, Interstate Commerce Com­ IU., to points in Iowa to traffic moving INC., 2934 Drakestone Drive, Colorado mission, Room 1621, 51 Southwest First on flatbed equipment and against trans­ Springs, Colo. 80909. Applicant’s repre­ Avenue, Miami, Fla. 33130. portation of building, roofing and insu­ sentative: Paul George (same address as By the Commission. lating materials and pipe, and asbestos above). Authority sought to operate as cement products. Supporting shippers: a common carrier, by motor vehicle, over [seal] H. Neil Garson, Johns-Manville Products Corp., Wauke­ regular routes, transporting: General Secretary. gan, 111.; and Johns-Manville Perlite commodities (except articles of unusual [P.R. Doc. 67-7408; Piled, Ju n e 28, 1967; Corp., Rockdale, 111. Send protests to: value, classes A and B explosives, and 8:50 a.m.] C. H. Bergquist, District Supervisor, Bu­ household goods as defined by the Com­ reau of Operations, Interstate Commerce mission), having an immediately prior Commission, 448 Federal Building and or subsequent movement by aircraft, [Notice 1539] U.S. Courthouse, 110 South Fourth from Colorado City, the Pueblo Ordnance Street, Minneapolis, Minn. 55401. Depot east of Pueblo, Pueblo, Fort Car- MOTOR CARRIER TRANSFER No. MC 124078 (Sub-No. 283 TA), filed son, and Colorado Springs, Colo., to PROCEEDINGS June 22, 1967. Applicant: SCHWERMAN Stapleton International Airport, Denver, J une 26, 1967. TRUCKING CO., 611 South 28th Street, Colo., and return movements of general Milwaukee, Wis. 53215. Applicant’s rep­ commodities having an immediately Synopses of orders entered pursuant to resentative: Richard H. Prevette (same prior or subsequent movement by air­ section 212(b) of the Interstate Com­ address as above). Authority sought to craft; for 180 days. Supporting shippers: merce Act, and rules and regulations operate as a common carrier, by motor There are 11 shippers’ supporting state­ prescribed thereunder (49 CFR Part 279), vehicle, over irregular routes, transport­ ments attached to application, which appear below: ing: Fly ash, in bulk, from New Eagle, may be examined at the Interstate Com­ As provided in the Commission’s Pa., to Bellaire, Tiltonsville, Akron, merce Commission in Washington, D.C., special rules of practice any interested Youngstown, Cleveland, Lowellville, or at the field office named below. Send person may file a petition seeking recon­ Warren, Alliance, Niles, Coshocton, and protests to: Herbert C. Ruoff, District sideration of the following numbered Canton, Ohio; Gainesville, Va.; and Supervisor, Bureau of Operations, Inter­ proceedings within 20 days from the Weirton, Wheeling, and Moundsville, state Commerce Commission, 2022 Fed­ date of publication of this notice. Pur­ W. Va.; for 150 days. Supporting ship­ eral Building, Denver, Colo. 80202. suant to section 17(8) of the Interstate per: Dayton Fly Ash Co., Inc., 2101 Dry- No. MC 129191 TA, filed June 22, 1967. Commerce Act, the filing of such a peti­ den Road, Dayton, Ohio 45439 (Barton Applicant: RICHARD T. PLATTNER, tion will postpone the effective date of Thomas, vice president). Send protests doing business as JANS MOTOR SERV­ the order in that proceeding pending its to: W. F. Sibbald, Jr., District Super­ ICE, 12320 South Loveland Avenue, disposition. The matters relied upon by visor, Bureau of Operations, Interstate Alsip, 111. 60658. Applicant’s representa­ petitioners must be specified in their Commerce Commission, 135 West Wells tive: Albert A. Andrin, 29 South La Salle petitions with particularity. Street, Room 807, Milwaukee, Wis. 53203. Street, Chicago, HI. 60603. Authority No. MC-FC-69614. By order of June 22, No. MC 124908 (Sub-No. 7 TA), filed sought to operate as a common carrier, 1967, the Transfer Board approved the June 22, 1967. Applicant: IRON & by motor vehicle, over irregular routes, transfer to Donald G. Anderson, doing METAL TRUCKING SERVICE, INC., transporting: Ethylene glycol com­ business as Castle Rock Transfer, Box 13828 Jennings, Detroit, Mich. 48227. pounds and derivatives, antifreeze, and 147, Castle Rock, Colo., of the operating Applicant’s representative: Wilhelmina deicing compounds (except in bulk), rights of G. O. Anderson, doing business Boersma, 1600 First Federal Building, from Lemont, 111., to points in Illinois, as Castle Rock Transfer, 512 Jerry Street, 1001 Woodward Avenue, Detroit, Mich. Indiana, Iowa, Kentucky, Michigan, Castle Rock, Colo., in certificate No. MC- 48226. Authority sought to operate as a Minnesota, Missouri,* Nebraska, Ohio, 36684, issued December 5,1942, authoriz­ contract carrier, by motor vehicle, over Pennsylvania, Tennessee, West Virginia, ing the transportation of general com­ irregular routes, transporting: Scrap and Wisconsin; for 180 days. Supporting modities, with certain exceptions, be­ iron, in dump vehicles, (1) from Pontiac, shipper: Mineral Industries, Inc., 59 tween Denver, Colo., and Larkspur, Colo., Mich., to Coshocton, Ohio; and (2) from East Van Buren Street, Chicago, 111. and in certificate of registration No. MC- Detroit, Mich., to Mansfield and Tiffin, Send protests to: Roger L. Buchanan, 36684 (Sub-No. 2), issued February 24, Ohio; for 150 days. Supporting shipper: District Supervisor, Bureau of Opera­ 1964, authorizing the transportation of Benlee Industrial Salvage Co., 13828 tions, Interstate Commerce Commission, milk, produce and express packages, Jennings, Detroit, Mich. 48227. Send pro­ 1086 U.S. Courthouse and Federal Office freight, farm produce, and general com­ tests to: Gerald J. Davis, District Super­ Building, 219 South Dearborn Street, modities, from, to, and between specified visor, Bureau of Operations, Interstate Chicago, 111. 60604. points and described territory in Colo­ Commerce Commission, 1110 Broderick No. MC 129192 TA, filed June 22, 1967. rado, varying with the commodities Tower, 10 Witherell, Detroit, Mich. 48226. Applicant: UNIVERSITY TRANSFER & indicated. No. MC 125962 (Sub-No. 3 TA), filed STORAGE, INC., I ll San Lorenzo Ave­ No. MC-FC-69617. By order of June 22, June 22, 1967. Applicant: AAA TRUCK­ nue, Coral Gables, Fla. 33146. Applicant’s 1967, the Transfer Board approved the ING, INC., Route 6, Box 28-A, Brook- representative: R. W. McCandliss, Jr. transfer to 3B’s Moving & Storage, a haven, Miss. 39601. Applicant’s repre­ (same address as above). Authority corporation, 418 Snake River Avenue, sentative: Donald B. Morrison, Post sought to operate as a common carrier, Lewiston, Idaho, of the operating rights Office Box 961, Jackson, Miss. 39205. by motor vehicle, over irregular routes, of Ray Trautman, Genesee, Idaho, in

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9278 NOTICES certificate No. MC-88088, issued Febru­ ing business as George’s Messenger & divert or reroute traffic under this order ary 3, 1950, authorizing the transporta­ Moving Service, Hempstead, N.Y., au­ shall receive the concurrence of other tion of farm tractors, truck, and automo­ thorizing the transportation of house­ railroads to which such traffic is to be bile tires, iron rods, angle irons, iron diverted or rerouted, before the rerout­ hold goods, over irregular routes, between ing or diversion is ordered. plates, grain and seed, presto-logs, points in Nassau County, N.Y., on the blacksmith coal, acetylene gas and (c) Notification to shippers: Each car­ one hand, and, on the other, points in rier rerouting cars in accordance with oxygen in tanks, building materials, and Connecticut, Massachusetts, New Jer­ sand and gravel, machinery, agricul­ this order shall notify each shipper at sey, Pennsylvania, Delaware, Maryland, the time each car is rerouted or diverted tural commodities, and livestock, from, and the District of Columbia. Gilbert to, and between specified points in Idaho and shall furnish to such shipper the Henoch, 320 Fulton Avenue, Hempstead, new routing provided under this order. and Washington, varying with the com­ N.Y., attorney for applicants. modities indicated. (d) Inasmuch as the diversion or re­ No. MO-FC-69681. By order of June 23, No. MC-FC-69728. By order of June routing of traffic by said agent is deemed 1967, the Transfer Board approved the 22, 1967, the Transfer Board approved to be due to carrier’s disability, the rates transfer to Robert L. Roy, doing business the transfer to City Express, Inc., Fow­ applicable to traffic diverted or rerouted as Fortman Truck Line, Hamilton, Mont., ler, Ind., of the operating rights of Bro- by said agent shall be the rates which of the operating rights in certificate No. man Cartage, Inc., Berwyn, HI., in cer­ were applicable at the time of shipment MC-89978, issued February 10, 1966, to tificate No. MC—48441, issued October 5, on the shipments as originally routed. Norman C. Mosbrucker, doing business as 1964, authorizing the transportation, (e) In executing the directions of the Norm’s Truck Line, Hamilton, Mont., over irregular routes, of general com­ Commission and of such agent provided authorizing the transportation of: Gen­ modities, excluding household goods, for in this order, the common carriers eral commodities, except dangerous ex­ commodities in bulk, and other speci­ involved shall proceed even though no plosives, and except livestock, household fied commodities, between points in contracts, agreements, or arrangements goods as defined in Practices of Motor Chicago, 111. Robert H. Levy,- 29‘ South now exist between them with reference Common Carriers of Household Goods, La Salle Street, Chicago, HI., attorney to the divisions of the rates of trans­ 17 M.C.C. 467, petroleum products in for applicants. portation applicable to said traffic; divi­ sions shall be, during the time this or­ bulk, and commodities requiring special [ seal] H. N e il G arson, equipment, over a regular route, between Secretary. der remains in force, those voluntarily Missoula, Mont., and Hamilton, Mont., agreed upon by and between said car­ from Missoula over U.S. Highway 93 to [F.R. Doc. 67-7409; Filed, June 28, 1967; riers; or upon failure of the carriers to Hamilton, and return over .the same 8:50 a.m.] so agree, said divisions shall be those route. Service is authorized to and from hereafter fixed by the Commission in all intermediate points and the off-route [3d Rev. S.O. 562; IOC Order No. 229] accordance with pertinent authority points of Stevensville and Corvallis, conferred upon it by the Interstate Com­ Mont. D. W. McKenna, Post Office Box MISSOURI-KANSAS-TEXAS merce Act. 389, Hamilton, Mont. 59480, attorney for RAILROAD CO. (f) Effective date: This order shall applicants. become effective at 2 p.m., June 23,1967. No. MC-FC-69694. By order of June 23, Rerouting or Diversion of Traffic (g) Expiration date: This order shall 1967, the Transfer Board approved the In the opinion of R. D. Pfahler, agent, expire at 11:59 p.m„ June 30, 1967, un­ transfer to Thomas E. Frommel, Hop­ the Missouri-Kansas-Texas Railroad Co. less otherwise modified, changed or kinsville, Ky., of the operating rights of is unable to transport traffic over all of suspended. William G. Maddux, Hopkinsville, Ky., in its lines north and east of Parsons, Kans., It is further ordered, That this order permit No. MC-128334 (Sub-No. 1), is­ because of high water. shall be served upon the Association of sued by the Commission February 27, It is ordered, That: American Railroads, Car Service Divi­ 1967, authorizing the transportation, (a) Rerouting traffic: The Missouri- sion, as agent of all railroads subscrib­ over irregular routes, of liquid fertilizer, Kansas-Texas Railroad Co. being unable ing to the car service and per diem in bulk, in tank vehicles, from Hopkins­ to transport traffic over all of its lines agreement under the terms of that ville, Ky., to points in Tennessee on and north and east of Parsons, Kans., that agreement and that it be filed with the west of U.S. Highway 127. Robert H. carrier and its connections are hereby Director, Office of the Federal Register. Cowan, 500 Court Square Building, Nash­ authorized to reroute or divert such Issued at Washington, D.C., June 23, ville, Tenn., attorney for applicants. traffic over any available route to ex­ 1967. No. MC-FC-69702. By order of June pedite the movement. The billing cover­ I nterstate C ommerce 23, 1967, the Transfer Board approved ing all such cars rerouted shall carry C o m m issio n , the transfer to Elizabeth M. Guineer, a reference to this order as authority for [ seal] R. D. P fahler, Hempstead, N.Y., of the operating rights the rerouting. Agent. in certificate No. MC-94874, issued Octo­ (b) Concurrence of receiving roads to [F.R. Doc. 67-7410; Filed, June 28, 1967; ber 7, 1941, to George L. Guineer, do­ be obtained: The railroad desiring to 8:50 am .]

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 FEDERAL REGISTER 9279 CUMULATIVE LIST OF PARTS AFFECTED— JUNE

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

Page 1 CFR 7 CFR— Continued Page 8 CFR Page 20 _____ --r ------7899 921 ______9082 211— ______8378 3 CFR 922 ______8518 212______8707 923 ______8518 214______9019 Proclamations: 944______8235, 8761 3787 _I______8017 953______8417 9 CFR 980------8418 3788 ______8465 51______8752 3789 ______8749 1004______8063, 9006 74______1006______8707 8519 Executive O rders: 78______8752 July 2, 1910 (modified by PLO 1062______8022 83_*______1063------8023, 9150 8078 4227) —______8037 P roposed R ules 5327 (revoked in part by PLO 1099______9150 4230)______8809 1134______8956 101______------8529 6583 (revoked in part by PLO 1136______8956 102______------8529 4223)____ 8036 1421--- 7961, 8124, 8283, 8578, 9007, 9151 114______------8529 8652 (revoked in part by PLO 1425______8365201______8621, 9025, 9101, 9171 4236)__,______9224 1427______9213 203______------8621 11356 ______8019 1443______8884 316 _____ ------8420 11357 ______8225 1602______8519 317 _____ ------8420 11358 ______.i______8227 1800______9152 318 _____. — ------8420 11359 ___,______8851 1804______8235 1811 ______908210 CFR 5 CFR 1812 ______8366i — ______9214 213___ 8021, 1823______8367, 9008 2______9215 8124, 8229, 8281, 8511, 8657, 8751, 1861______8064 3______9215 8953, 9005, 9061. 1872______8066, 8290 9______9215 36______9213 550_____ 8751 P roposed R u l es; 70_—______8124 735______s.____ *______8281 26______8116 831______*__ 9061 140______8124 52______8301, 8719 P roposed R u l e s : 870______„___ 9061 68______8004, 8093 890 __ 9061 301—______8973 50______8423 777______7976, 8380 7 CFR 915______8039 12 CFR 28______8760 917------8247 1— ------9061, 9062 44______8575 948______9084 221------8357 51------8854, 9145 953______8039 264 ------8519 52— ______8575 958______8168 265 ------8956 53------8953 987______8171 329------8578 56------8229 989______509______9084 8889 61------8576 1001 ______8175, 8720, 9025 526------8023 301------7958, 8705 1002 ------8175, 8720, 9025 545------8814, 8889 319 _____ 7958 1003 ______8175, 8720,555 9025------8238 320 _ 8953 1004 _ 7976, 8175, 8176, 8720,9025 562------8125 401___ 8665 1006______569 9096------8023 406------8512 1012 ______9097 718------9069 1013 ______13 CFR 9097 722------i ______7910, 8666, 8954 1015 ------8175, 8720, 9025 728 _____ 8577 1016 ______8175, 8720,121 9025------9218 729 ------9146 1030______*______8529 302 ______8707 730_------8666, 9148 1031______8529 303 ______8708 751------8512, 8577, 9148 1032 ______8176, 8529 775______8123 1034------8591 14 CFR 777______8675 1038 ______:______8529 25______9152 780_____ 8676 1039 ______8529 39______7948 790------8955 1050 ____ 8176 8024, 8079, 8295, 8357, 8579, 8708,’ 811______8577, 9149 1051 ______8529 8890,8957,9155,9219. 814------8805 1060_____ 8093 71______7948, 845------8234 1062 ______8176, 8529 8580, 8657, 8708-8710, 8891, 9019, 848—------8123 1063 ______8179, 8529, 8973 9155-9157,9220. 891 ------8283 1067------8176, 8529 73______8024, 8127, 8710 892 ______8413 1070______8529 91______8127, 8405, 8892 894______8882 95 8658 905------8234, 8705, 8761, 9081 1073__'______824797_____II_1— 7949, 8296, 8660, 8958 908------8021, 1078 ______8529 121______8893 8123,8363,8513, 8705, 8807,9005 1079 ______8529 135______8405 910------8021, 1099______151______8380 9220 8364, 8417, 8705, 8807, 9005, 9149 1103-______8093 208______8752 911------8022, 8513, 9081 221______8127 915 ______8761 1104______8247 224______7901 916 ------7911, 1132______8247 233______8793 - 7959, 7960, 8364, 8365, 8955, 9213 1134______8248, 8720 288______7901 917 ----- r-j 8063, 8513-8517, 8706, 9006 1136______8180 301______9221 9280 FEDERAL REGISTER

14 CFR—Continued p s 19 CFR— Continued Page 32 CFR Page 310______8793 P roposed R ules— Continued 42------9066 378______- ______9223 23______8093 63------8293 384 ______8797 25______8916 256______8089 385 ______8799 265___ 9066 389______8804 20 CFR 267------8588 P roposed R u l e s : 200______9064 536------9164 23______1___ 9237 250______' ______9064 538c------8091 39_____ 7978, 7979, 8622, 8681, 9171 345______9064 591 ------8895 61______395 8094______9064 592 ------8898 63______8094404______8281 593 ______8898 65______8094 594 ______8900 71______7979, P roposed R ules; 595 ______8900 8181, 8182, 8301-8303, 8422, 8681, 401______9236 596 ______8900 8722-8724, 8818, 8819, 8919-8921, 405______i ______8916 597 ------8901 8975-8978, 9027, 9171-9173, 9237 598_____ 8901 73 ______8422, 8682 21 CFR 601 ------8901 75______8095, 8725 3______,7945 602 ______8902 141______9102 8______8586, 8753, 8814, 8853 603 ______8902 207 ______-______8765 14______8814 606______8902 208 ______8248, 8765 19______8358 612______8903 212______876527_____ 8134 706 ______8808 214______— 8248, 8765 37______—— ____ 8359 707 ______8589 221______8921 120______8025, 8294, 8815, 8816, 9159 881_____ 7962 243______8380, 8529 121______7911, 1001 ______8142, 8963 249______8765 7945-7947, 8359, 8360, 8522, 8523, 1002 _ 8143 295______8248, 8765 8587, 8753, 8816, 8817, 8962, 9066, 1003 ______8143 302______9237 9159,9160, 9224. 1004______8964 399______—— 8921 130______8080, 8753 1006 ______8964 1007 ______8144 P roposed R u l e s : 15 CFR 1013______8144 8____:______8094 1059______8964 201______- ______8027 17______7917 1467______8091 230______— 8957 29______8975 1470______9226 364______8853 120 ______8379 1480______9226 367______8853 121 ______8379 1705______8757 370 ______8581 371 ______8129 22 CFR 382______8133, 8581 33 CFR 384______8130 5 ____- ___ 9160 207______8716,9068 6 ______9160 399______—— 8130, 8582 41 ____ 8511, 8711 P roposed R u l e s : 602______9063 42 ______8409 82______8763 208______9068 16 CFR 602______9202 35 CFR 1 8444 603______9202 2 ______8444 67_____ . f ______8026 111______8243 3 ______8444, 8710, 9158 23 CFR 4 ______8444, 8710 123______8243 13____ 8238-8240, 8584-8586, 8963, 9158 255______8808 253______8361 15______8406, 8407, 9063, 9064 25 CFR 300___ !______9022 36 CFR 183______8587 1 ______8294 P roposed R u l e s : 2 ______8294 153______9109 26 CFR 3 _ 8294 500______9109 l______8711, 8754 5_I_"I__I______8294 301______8240, 8711 17 CFR ___ 8135 P roposed R u l e s : 601______7______8039, 9235, 9236 240______8357 P roposed R u l e s : P roposed R u l e s : I ______8093 37 CFR 240______9238 28 CFR P roposed R u l e s : 9026 18 CFR 0______8144, 8523 1______—. 2 ______8521 45______9066 3 ______9065 202______9163 38 CFR 101______8657 9 ______8144, 9165 260______8522 29 CFR 301______8133 20______i______8907 39 CFR P roposed R u l e s : 102___ 8406 143______. 7955 154______7920 697______8242 P roposed R u l e s : 260______7920 P roposed R u l e s : 141 8379 526______9027 19 CFR 1500______;______8919 41 CFR 1______8025 _ 9232 30 CFR 1 16 19______8134 K 1 9165 24______8025 P roposed R u l e s : 7 1 8467 P roposed R u l e s : I I ______8162 8468 7 2 8468 8______8719 7 3 8468 10______7917 31 CFR 7 4. 17______8719 251_____ 7947 7-5 —______8468 FEDERAL REGISTER 9281

4Î CFR— Continued Page 43 CFR— Continued Page 47 CFR Page 7-6——— — ___ 8468 P ublic L and O rders— Continued 1------—_ 8813 7-10______8469 4189______7913 2 ------8147 7-12______8469 4221 ______7913 13------9232 7- 15- — ___ 8469 4222 ______7913 17------8813 7-16______8469 4223 ______8036 73------7915, 7955, 8524, 8677, 8813, 8912 8- 1------___ 7912 4224 ______8036 P roposed R u l e s : 8- 3------___ 8027 4225 ______8037 8-6------___ 7912 4226 ______8037 1------7917 9- 1— ------__8410 4227______1______8037 21------9103, 9173 9-3------___ 8410 4228 ______8808 73 ------7918, 9-7— ------7912, 8410 4229 ______8809 7919, 8530, 8533, 9108, 9173 9-15______8410 4230 ______8809 74 -- 8725, 9103 9-16___ -____ 7912, 8410 4231 ______9166 91------8533, 9103 9- 51______8410 4232 ______9166 97------8303 10- 60____— ___ 8676 4233 ______9167 11-1______9234 4234 ______9167 48 CFR 1 1 -3 ______8027 4235 ______9167 411------9024 11-60______». ___ 9234 4236 ______9224 50-204______8412 P roposed R u l e s : 49 CFR 101- 11—_____ — _ 8034 101-35______8758 2244__ 1______8622 7------9284 101-38______8144 3170______8622 100------9020 101-40______8965 105a------9020 101-45______8145 44 CFR 180 ------9228 101-46.______8145 P roposed R u l e s : 191------8092 401____ 7978 195------8037, 42 CFR 8038, 8678, 8718, 8969, 9230, 9231 45 CFR 270------9231 51______i____ 8243 287------8893, 8894 54______8145 14______9167 293------7956, 8246 59______8295 177 ______8146 P roposed R u l e s : P roposed R u l e s : 178 ______8146 53______— 8334 801______8091, 8246, 8523, 8590 110------8381, 8725 71______8679 120______9028 73______8181 46 CFR 270______8182 10______7914 282______8725 43 CFR 146 ______8148 147 ______8148 50 CFR 21______8361 350______9224 3107______8968 402______8589 io ___ 8718 Public L and O rders: 502 ______8407 32______8246, 9234 386 (revoked In part by PLO 503 __ 8407 280______8969 4234)______9167 510______8523, 9170 P roposed R u l e s : 1967 (revoked In part by PLO 530______9170 32______8765 4233)______9167 533______7915 254______8419

No. 125—Pt. I-----10

FEDERAL REGISTER VOLUME 32 • NUMBER 125

Thursday, June 29,1967 • Washington, D.C. PA R T II

Department of Transportation

Public Availability of Information

Ko. 125—p t . n — 1 9284 RULES AND REGULATIONS policy of making information available provided that the facts on which deci­ to the maximum extent feasible and to sions are based are made available. Title 49— TRANSPORTATION ensure uniform application of that Subpart G prescribes procedures gov­ Subtitle A— Office of the Secretary of policy, it provides that the head of an erning determinations by Department Transportation operating administration may delegate officials that a record which is requested final authority under Subpart G (re­ may not be disclosed. It assures that PART 7— PUBLIC AVAILABILITY OF lating to the nondisclosure of records) each request will be fully and carefully INFORMATION only to his deputy and one other person considered in accordance with Part 7 and who reports directly to that head and Department policy and that Part 7 and This amendment adds a new Part 7 who is located at the headquarters of that policy will be uniformly applied. “Public Availability of Information” to that administration. the regulations of the Department. It The fees for obtaining copies of records Subpart C covers material that the are contained in Subpart H. Following implements section 552 of Title STunited Department will publish in the F ederal States Code (originally enacted as a revi­ the intent of the statute, the services per­ R e g ist e r in accordance with section formed by the Department will be self- sion of section 3 of the Administrative 552(a) (1) of Title 5. This material in­ Procedure Act by P.L. 89-487) and ap­ sustaining. Title V of the Independent cludes (1) descriptions of the organiza­ Offices Appropriation Act of 1952 (65 plies to records in the Office of the Secre­ tion of the Department; (2) statements tary and any of the operating adminis­ Stat. 290) states “It is the sense of the of the general course and methods by Congress that any work, service, publica­ trations of the Department, except the which the Department’s functions are National Transportation Safety Board, tion, report, document * * * furnished exercised; (3) substantive and pro­ * * * by any Federal agency * * * to which will issue its own regulations on cedural rules; and (4) statements of gen­ the subject. or for any person * * * shall be self- eral policy. This subpart also provides sustaining to the full extent pos­ Section 552 of Title 5 establishes the that a person may not in any manner general standard of full public disclo­ sible * * It further provides that the be required to resort to, or be adversely head of each agency is authorized to pre­ sure of Goyemment information unless affected by, any procedure or matter re­ that information is exempt from dis­ scribe a fee or charge therefor. In addi­ quired to be published in the F ederal closure under clearly delineated statu­ tion, Circular A-25, issued by the Bureau R e g ist e r but not so published. tory authority. The President, in endors­ of the Budget on September 23,1959, sets Subpart D implements section 552(a) forth policies to develop a uniform system ing this standard, stated that “* * * A (2) of Title 5 and prescribes rules gov­ democracy works best when the people erning the availability for public inspec­ of charges. The fees are based on the esti­ have all the information that the security tion and copying of ( ) final opinions mated costs of providing search and of the nation permits. No one should be 1 copying services and reflect the experi­ able to pull curtains of secrecy around and orders in the adjudication of cases, ence of the agencies in this regard. They including the grant or denial of a license; will be periodically reviewed and revised decisions which can be revealed without (2) policies and interpretations adopted injury to the public interest.” under the authority of the Department; as necessary. Part 7 reflects the spirit and intent of and (3) administrative staff manuals and Appendix A- describes the document section 552 and the President’s message. instructions to staff that affect any mem­ inspection facility that will be ‘ main­ In implementing section 552 and Part 7, ber of the public. In addition, the sub­ tained in the Office of the Secretary and the policy of the Department will be to part requires preparation of indexes to lists the materials that will be available make all information available to the this material and making those indexes for public inspection and copying at that public except that which must not be available for public inspection and copy­ facility. disclosed in the national interest, to pro­ ing. The material covered by Subpart D Appendices B through F describe the tect the right of an individual to personal will be made available at various offices places at which the operating adminis­ privacy, or to ensure the effective con­ of the Department and its operating ad­ trations maintain records and list the duct of public business. To this end, the ministrations. materials that are available for public part provides that information will be inspection and copying at those facilities. made available to the public even if it Subpart E implements section 552(a) falls within one of the exemptions set (3) of Title 5 and prescribes regulations Since this amendment relates to De­ forth in section 552 (b), unless the release governing public inspection and copying partmental organization, procedure, and of that information would be inconsistent of identifiable records. Each request for practices, notice and public procedure with the purpose of the exemption. a record under this subpart is required to hereon is unnecessary and it may be Part 7 prescribes the basic regulations contain as much information covering made effective in less than 30 days after and policy governing the implementation that record as possible in order to facili­ publication in the F ederal R eg ister. of section 552 by the Department. The tate the fulfilling of the request. Records In consideration of the foregoing, Title new part will not affect the traditional that are available may be inspected and 49 of the Code of Federal Regulations is public information programs of the De­ copied during regular working hours at amended by adding the following new partment. Public information offices of the place where they are located. Copies Part 7 “Public Availability of Informa­ the Department will continue their cus­ will, bf course, be mailed to the requester tion”, effective July 4, 1967. tomary public information activities, in­ upon payment of the prescribed fee. cluding providing, without charge to the Subpart F implements section 552(b) Issued in Washington, D.C., on June 26, public, brochures, pamphlets, films, of Title 5, describes records that are not 1967. speeches, and other educational, ad­ required to be disclosed, and states the Alan S . B oyd, visory, and informational material. In purposes of the exemptions from required Secretary of Transportation. addition, Part 7 applies only to records disclosure. However, it is emphasized that in existence at the time the request is a record will be disclosed even if it is Subpart A— Applicability and Policy made and does not apply to requests for within the statutory exemption, unless Sec. special statistical studies or special sta­ its release would be inconsistent with the 7.1 Applicability. tistical compilations. purpose of the exemption. Section 552(b) 7.3 Policy. and Subpart F recognize that the release 7.5 Definitions. Part 7 is composed of eight subparts. of certain kinds of records may be con­ Subpart A sets forth the applicability trary to the public interest. Typical of Subpart B:— General of the part, the policy of the Depart­ the material covered by Subpart F are 7.11 Administration of part. ment as outlined above, and defines intragovernmental memoranda th a t 7.13 Deletion of identifying detail. terms used in the part. would not be routinely available through 7.15 Records containing both available and Subpart B provides the authority for discovery procedures to a private person unavailable information. administrative implementation of the in litigation with the Department. The 7.17 Protection of records. part and provides for redelegation of this authority within the operating ad­ courts have recognized that the public .Subpart C— Publication in Federal Register ministrations of the Department. How­ interest requires that intragovernmental 7.21 Applicability. ever, in keeping with the Department’s exchanges be protected from disclosure, 7.23 P ublication required.

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 RULES AND REGULATIONS 9285

Subpart D— Availability of Opinion», Orders, Staff Administration to reflect any changes in administration is delegated to the head Manuals, Statements of Policy, and Interpreta­ the items covered by that appendix. of that administration. The head of any tions: Indexes (d) This part applies only to records operating administration may redele­ Sec. that exist at the time the request for the gate to officers of that administration 7.31 Applicability. information is made. The Department the authority to administer this part in 7.33 Access to materials and index. is not required to compile or procure a connection with defined groups of rec­ 7.35 Indexes of public materials. record solely for the purpose of making ords. However, the head of an operating 7.37 Copies. it available under this part. administration may redelegate his duties Subpart E— Availability of Identifiable Records (e) This part does not apply to studies, under Subpart G of this part only to his 7.41 Applicability. compilations, transcripts, or other deputy and to not more than one other 7.43 Public availability of records. records requested under section 9(n) of officer who reports directly to the head 7.45 Request for records of concern to more the Department of Transportation Act. and who is located at the headquarters than one Governmental organiza­ of that administration. tion. § 7.3 Policy. § 7.13 Deletion of identifying detail. Subpart F— Exemptions In implementing section 552 of Title 7.51 Applicability. 5, United States Code, it is the policy of Whenever it is determined to be nec­ 7.53 Records relating to matters that are the Department of Transportation to essary to prevent a clearly unwarranted required by Executive order to be make information within the Depart­ invasion of personal privacy, identify­ kept secret. ment available to the public to the ing details are deleted from any record 7.55 Records related solely to internal rules greatest extent possible in keeping with covered by this part that is published or and practices. the spirit of that section. Therefore, all made available for inspection. A full ex­ 7.57 Records exempted from disclosure by records of the Department, except those planation of the justification for the de­ statu te. that the Department specifically deter­ 7.59 Trade secrets and privileged or con­ letion is attached to the copy of the fidential information. mines must not be disclosed in the na­ record published or made available for 7.61 Intra-govemmental exchanges. tional interest, for the protection of inspection. private rights, or for the efficient con­ 7.63 Protection of personal privacy. § 7.15 Records containing both available 7.65 Investigatory files compiled for law duct of public business, are declared to enforcement purposes except to be available for public inspection and and unavailable information. extent available by law to private copying as provided in this part. Each If a record contains information that parties. officer and employee of the Department the Department determines cannot be 7.67 Reports of financial institutions. is directed to cooperate to this end and to disclosed under this part, but also con­ 7.69 Geological and geophysical informa­ make records available to the public tains information that can be disclosed, tion. promptly and to the fullest extent con­ the latter information will be provided Subpart G— Procedures for Reconsidering sistent with this policy. A record may for public inspection and copying un­ Decisions Not To Disclose Records not be withheld from the public solely less— 7.71 General. because its release might suggest admin­ (a) It is readily available from anoth­ Subpart H— Fees istrative error or embarrass an officer or er source; 7.81 General. employee of the Department. (b) The other source is made known 7.83 Payment of fees. § 7.5 Definitions. to the person desiring the record; and 7.85 Pee schedule. Unless the context requires otherwise, (c) It is not otherwise readily avail­ Appendix A—Office of th e Secretary. able in the Department. Appendix B—United States Coast Guard. the following definitions apply in this Appendix C—Federal Aviation Administra­ part: §f7.17 Protection o f records. tion. “Department” means the Department Appendix D—Federal Highway Administra­ of Transportation, including the Office (a) No person may, without permis­ tion. of the Secretary and the following oper­ sion, remove any record made available Appendix E—Federal Railroad Administra­ ating administrations: to him for inspection or copying under tion. this part, from the place where it is Appendix F—St. Lawrence Seaway Develop­ (a) The Coast Guard. ment Corporation. (b) The Federal Aviation Adminis­ made available. In addition, no person tration. may steal, alter, mutilate, obliterate, or Authority: The provisions of this Part 7 (c) The Federal Highway Adminis­ destroy, in whole or in part, such a issued under sec. 552, Title 5, U nited States record. Code; sec. 9, Department of Transportation tration. Act (P.L. 89-670; 49 U.S.C. 1657); Title V, (d) The Federal Railroad Adminis­ (b) . Section 641 of Title 18 of the Independent Offices A ppropriation Act of tration. United States Code provides, in pertinent 1952 (65 Start;. 290). (e) The St. Lawrence Seaway Devel­ part, as follows: opment Corporation. Subpart A— Applicability and Policy Whoever * * * steals, purloins, or know­ “Includes” means “includes but is not ingly converts to his use or the use of an­ § 7.1 Applicability. limited to.” other, or without authority, sells, conveys or (a) This part implements section 552 “May” is used in a permissive sense to disposes of any record * * * or thing of state authority or permission to do the value of the United States or of any depart­ of Title 5, United States Code, and pre­ ment or agency thereof * * * shall be fined scribes rules governing the availability act prescribed. not more than $10,000 or Imprisoned not to the public of the records of the De­ “Record” includes any writing, draw­ more than 10 years or both; but if the value partment of Transportation. It does not ing,-map, recording, tape, film, photo­ of such property does not exceed the sum of apply to the National Transportation graph, or other documentary material by $100, he shall be fined not m ore th a n $1,000 Safety Board. which information is preserved. or imprisoned not more than one year, or (b) Subpart P of this part describes “Secretary” means the Secretary of both. * * * the records that are not required to be Transportation or any person to whom Section 2071 of Title 18 of the United disclosed under this part. he has delegated his authority in the matter concerned. States Code provides, in pertinent part, (c) Appendices A through P to this as follows: Part describe the places and times at Subpart B— General which records will be available for in­ Whoever willfully and unlawfully conceals, spection and copying and define the § 7.11 Administration of part. removes, mutilates, obliterates, or destroys, kinds of records located at each facility. or attempts to do so, or, with intent to do so Authority to administer this part in takes and carries away any record, proceed­ The Assistant Secretary for Public Af­ connection with the records in the Of­ ing, map, book, paper, document, or other fairs may amend Appendix A to this part fice of the Secretary is delegated to the thing, filed or deposited * * * in any public to reflect any changes in the items cov­ office, or w ith any * * * public officer of th e ered by that appendix. The head of the Assistant Secretary for Public Affairs. United States, shall be fined not more than operating administration concerned may Authority to administer this part in con­ $2,000 or imprisoned not more than 3 years, amend the appendix applicable to that nection with records in each operating or both.

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9286 RULES AND REGULATIONS

Subpari C— Publication in volving a member of the public in a sim­ able records. However, it does not apply Federal Register ilar situation. to material that is covered by Subparts (3) Any administrative staff manual C and D of this part, records determined § 7.21 Applicability. or instruction to staff that affects any under Subpart F of this part not to be This subpart implements section 552 member of the public, including the pre­ available, and material that is offered for (a) (1) of Title 5, United States Code, scribing of any standard, procedure, or sale by the Government Printing Office. policy that, when implemented, requires and prescribes rules governing the publi­ § 7.43 Public availability of records. cation in the F ederal R egister of the or limits any action of any member of following: the public or prescribes the manner of (a) Each person desiring to see a rec­ (a) Descriptions of the organization performance of any activity by any ord covered by'this subpart that is lo­ of the Department, including its operat­ member of the public. cated in the Office of the Secretary, or to ing administrations and the established In addition, this subpart provides for an obtain a ' copy of such a record, must places at which, the officers from whom, index of the materials listed in this para­ make a written request to the Assistant and the methods by which, the public graph. Secretary for Public Affairs, 800 Inde­ (1) may secure information; and (2) (b) Any material listed'in paragraph pendence Avenue SW., Washington, D.C. make submittals or requests or obtain (a) of this section that is not made avail­ 20590. decisions. able for public inspection and copying, (b) Each person desiring to see a (b) Statements of the general course or that is not indexed as required by record covered by this subpart that is and methods by which the Department’s § 7.35, may not be cited, relied on, or used located in an operating administration, functions are channeled and determined, as precedent by the Department to ad­ or to obtain a copy of such a record, must including the nature and requirements versely affect any member of the public, make a written request to that adminis­ of all formal and informal procedures unless the person against whom it is tration at the address set forth in the available. cited, relied on, or used has had actual appendix applicable to that administra­ (c) Rules of procedure, descriptions of and timely notice of that material. tion. forms available or the places at which (c) This subpart does not apply to (c) If the person making the request forms may be obtained, and instructions does not know where in the Department material that is published in the F ederal the record is located, he may send his as to the scope and contents of all papers, R egister or is covered by Subpart F of reports or examinations. this part. request to the Assistant Secretary for (d) Substantive rules of general ap­ Public Affairs at the address in para­ plicability adopted as authorized by law, § 7.33 Access to materials and index. graph (a) of this section. and statements of general policy or in­ (a) Except as provided in paragraph (d) Each request must describe the terpretations of general applicability (b) of this section, material listed in particular record in enough detail to al­ adopted by the Department. § 7.31(a) is available for inspection and low the record to be identified and (e) Each amendment, revision, or re­ copying by any member of the public at located with a reasonable amount of ef­ peal of any material listed in paragraphs document inspection facilities of the De­ fort. So far as possible, the request must (a) through (d) of this section. partment. The index of material avail­ specify the subject matter of the record, able at each facility is also located at the date when it was made, the place § 7.23 Publication required. the facility. Information as to the kinds where it was made, and the person or (a) General. All material described in of materials available at each facility office that made it. If the description § 7.21 Is published in the F ederal R eg­ may be obtained from that facility or the is insufficient, the officer handling the re­ is t e r . For the purposes of this para­ headquarters of the operating adminis­ quest will notify the applicant and, to graph, material that is reasonably avail­ tration of which it is a part. the extent possible, indicate the addi­ able to the class of persons affected by (b) The material listed in § 7.31(a) tional data required. In any case in it is considered to be published in the that is published and offered for sale is which an extended period of time will be F ederal R egister if it has been incor­ indexed but is not required to be kept required to identify and locate the record porated by reference therein with the available for public inspection. However, sought, the officer handling the request approval of the Director of the Federal whenever practicable, it will be made will notify the person making the request Register. available for public inspection at any of the estimated time required to fill the (b) Effect of nonpublication. Except to document inspection facility maintained request. the extent that a person has actual and by the Office of the Secretary or an op­ (e) Each record covered by this sub­ timely notice of the terms thereof, no erating administration, whichever is part , is available for inspection and person may in any manner be required concerned. copying during regular working hours at to resort to, or be adversely affected by, the place where it is located. Original any procedure or matter required to be § 7 .3 5 In dexes o f pu blic m aterials. records may be copied but may not be published in the F ederal R egister but The index of material subject to pub­ released from custody. Upon payment of not so published. lic inspection and copying under this the prescribed fee, copies will be mailed subpart covers all material issued, to the requester. Subpart D— Availability of Opinions, adopted, or promulgated after July 4, (f) Each request for a search of records Orders, Staff Manuals, Statements 1967. However, earlier material may be or for a copy of a record must be accom­ of Policy, and Interpretations: In­ Included in the index to the extent prac­ panied by the fee prescribed in the appli­ d exes ticable. Each index contains instructions cable fee schedule. The fee for a search on how to use it. is charged, regardless of whether it is suc­ § 7.31 Applicability. cessful. If the fee cannot be ascertained (a) This subpart implements section § 7.37 Copies. from the appropriate schedule, the officer 552(a) (2) of Title 5, United States Code. Copies of any material covered by this or employee processing the request will It prescribes the rules governing the subpart that is not published and offered furnish an estimate of the fee to the per­ availability, for public inspection and for sale may be ordered, upon payment son making the request. copying, of the following: of the appropriate fee, from the office in (g) Notwithstanding paragraphs (a) (1) Any final opinion (including a which the material is located. Copies are through (f) of this section, informational concurring or dissenting opinion) or certified upon request and payment of material, such as press releases, pam­ order made in the adjudication of a the prescribed fee. phlets, and other material of that nature case. Subpart E-—Availability of that is ordinarily made available to the (2) Any policy or interpretation that Identifiable Records public as a part of any information pro­ has been adopted under the authority of the Department, including any policy or § 7.41 Applicability. gram of the Government is available interpretation concerning a particular This subpart implements section 552 upon oral or written request. There is no factual situation, if that policy or inter­ (a) (3) of Title 5, United States Code, fee for individual copies of that material pretation can reasonably be expected to and prescribes the regulations governing as long as it is in supply. In addition, the have precedential value in any case in­ public inspection and copying of identifl- Department will continue to respond,

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 RULES AND REGULATIONS 9287 without charge, to routine oral or writ­ Department personnel, including inter­ (3) Statements of financial interests ten inquiries that do not involve the fur­ nal rules and practices that cannot be furnished by employees of the Depart­ nishing of records. disclosed to the public without substan­ ment. § 7.45 Request for records of concern tial prejudice to the effective perform­ (4) Commercial, technical, and finan­ to more than one Governmental or­ ance of a significant Department func­ cial information furnished by any per­ ganization. tion. a negotiator cannot bargain son in connection with an application effectively if his instructions and limita­ for a loan or a loan guarantee. If the release of a record covered by tions are known to the person with (5) Information customarily subject this subpart would be of concern to both whom he is negotiating. Similarly, the to a doctor-patient, lawyer-client, priest- this Department and another Federal effectiveness of an authorized but unan­ penitent, or similar privilege. agency, a State or local government, or a nounced inspection or audit would be (6) Materials in which the Depart­ foreign government, the record will be destroyed if the circumstances under ment has a property right such as de­ made available by the Department only which that inspection or audit is to be signs, drawings, and other data and if its interest in that record is the pri­ held become public knowledge. reports acquired in connection with any mary interest and only after coordination research project, inside or outside of the with the other interested agency, the § 7.57 Records exempted from disclo­ Department, or any grant or contract. State or local government, or the foreign sure by statute. (b) The purpose of this section is to government, as the case may be. If this (a) Records relating to matters that authorize the protection of records that Department’s interest in a record that is are specifically exempted by statute from are customarily privileged or are appro­ identifiable as being of concern to an­ disclosure include those covered by the priately given to the Department in con­ other agency is not the primary interest, following: fidence. It assures the confidentiality of the request will be transferred to the (1) Section 1905 of Title 18, United information obtained by the Department agency having the primary interest, and States Code, protecting trade secrets, through questionnaires and required re­ the requester will be notified of that processes, and certain economic and ports to the extent that the information action. other data obtained by examination or would not customarily be made public investigation, or from reports. Subpart F-—Exemptions by the person from whom it was ob­ (2) Revised Statutes section 4448, as tained. In any case in which the De­ § 7.51 Applicability. amended (46 U.S.C. 234) protecting the partment has obligated itself not to dis­ This subpart implements section 552 source of reports of defects and imper­ close information it receives, this section (b) of Title 5, United States Code. Section fections of vessels. authorizes the Department to honor that 552(b) exempts certain records from (3) Revised Statutes section 4551, as obligation. In addition, this section public inspection under section 552(a). amended (46 U.S.C. 643) protecting the recognizes that certain materials, such as However, the Department will release a names, addresses, and next of kin of research data and materials, formulae, record authorized to be withheld under merchant seamen and entries made in designs, and architectural drawings, have §§ 7.55 through 7.69, unless it determines records pertaining to merchant seamen. significance not as records but as items that the release of that record would be (4) Public Law 86-660, as amended of property acquired, in many cases, at inconsistent with a purpose of the section (23 U.S.C. 313 (note)) protecting infor­ public expense. In any case in which concerned. mation in the register of persons whose similar proprietary material in private license to operate a motor vehicle has hands would be held in confidence, mate­ § 7.53 Records relating to matters that been denied, terminated, or suspended. rial' covered by this section may be held are required by Executive Order to be (5) Section 106 of Public Law 89-564 in confidence. kept secret. (23 U.S.C. 403 (note)) relating to iden­ Records relating to matters that are tification of individuals in reports on § 7.61 Intragovemmental exchanges. protected by Executive order from dis­ highway traffic accidents. (a) Any record prepared by a Govern­ closure, in the interests of national de­ (6) Section 220(f) of the Interstate ment officer or employee (including those fense or foreign policy, include those Commerce Act, as amended (49 U.S.C. prepared by a consultant or advisory within the scope of the following, and 320(f)), relating to accident reports filed body) for internal Government use is any further amendment of any of them: by motor carriers. within the statutory exemption to the (a) Executive Order 10501 of Novem­ (7) Section 222(d) of the Interstate extent that it contains— ber 5, 1953 (3 CFR 1949-53 Comp., p. Commerce Act, as amended (49 U.S.C. (1) Opinions, advice, deliberations, or 979), as amended by Executive Order 322(d)) relating to information as to recommendations made in the course of 11097 of February 28, 1963 (3 CFR, 1963 motor carriers obtained during the developing official action by the Gov­ Supp., p. 161); course of an examination or inspection. ernment; or (b) Executive Order 10865 (3 CFR, (8) Section 902(f) of the Federal (2) Information concerning any pend­ 1960 Supp., p. 62); and Aviation Act (49 U.S.C. 1472(f)) re­ ing matter, including any claim or other (c) Executive Order 10104 (3 CFR, lating to information obtained by exam­ dispute to be resolved before a court of 1953 Comp., p. 298). ining the accounts, records, or memo­ law, administrative board, hearing of­ These records may not be made available randa of an air carrier. ficer, or contracting officer. for public inspection. (9) Section 1104 of the Federal Avi­ (b) This section has two distinct pur­ ation Act (49 U.S.C. 1504) relating to poses. One is to protect the full and § 7.55 Records related solely to internal the withholding, upon request, of infor­ frank exchange of ideas, views, and rule? and practices. mation obtained under that Act. opinions necessary for the effective (a) Records related solely to internal (b) The purpose of this section is to functioning of the Government. This rules and practices that are within the preserve the effectiveness of statutes of judicially recognized privilege of protec­ statutory exemption include memoranda the kind listed in paragraph (a) of this tion against disclosure in litigation or Pertaining to personnel matters such as section, in accordance with their terms.. elsewhere is intended to assure that these staffing policies and policies and proce­ resources will be fully and readily avail­ dures for the hiring, training, promotion, § 7.59 Trade secrets and privileged or able to those officials upon whom the re­ demotion, and discharge of employees. confidential information. sponsibility rests to take official and final In addition, records concerning operat­ (a) Trade secrets and privileged or Department action. However, the action ing rules, practices, guidelines, and pro­ confidential information that are within itself and the facts on which it is based cedures for Departmental inspectors, in­ the statutory exemption include the are not within this protection. The other vestigators, and examiners, the release following: of which would substantially impair the (1) Information furnished by any purpose is to protect against the prema­ effective performance of their duties, person, to the extent that the person ture disclosure of material that is in the are included. furnishing the information would not development stage if premature dis­ (b) The purpose of this section is to customarily release it to the public. closure would be detrimental to the au­ authorize the protection of any record (2) Information furnished and ac­ thorized and appropriate purposes for that is designed only for the guidance of cepted in confidence. which the material is being used, or if,

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9288 RULES AND REGULATIONS because of its tentative nature, the mate­ the availability to litigants of documents § 7.83 Payment of fees. rial is likely to be revised or modified from investigatory files to the extent The fees prescribed in this subpart may before it is officially presented to the that Congress and the courts have made be paid by check, draft, or postal money public. them available, it ensures that the liti­ order, payable to the Treasurer of the (c) Examples of records covered bygant is not given any earlier or greater United States. The fee is payable in this section include minutes; staff papers access to investigatory material than he advance. containing advice, opinions, suggestions, would have directly in litigation or other or exchanges of views, preliminary to enforcement proceedings. § 7.85 Fee schedule. final agency decision or action; budg­ § 7.67 Reports of financial institutions. (a) Search for a record under Subpart etary planning and programming infor­ E, including making it available mation; advance information on such Any material contained in or related for inspection______$3.00 things as proposed plans to procure, to any examination, operating, or condi­ (b) Copies of documents by photocopy tion report prepared by, on behalf of, or or similar method: . lease, or otherwise hire and dispose of (1) Each page not larger than materials, real estate, or facilities; doc­ for the use of, any agency responsible 12 by 18 inches____ :______. 50 uments exchanged preparatory to antic­ for the regulation or supervision of (2) Minimum oharge______1.00 ipated legal proceedings; material in­ financial institutions is within the statu­ (c) Copies of documents by type­ tended for public release at a specified tory exemption. writer, each page______2.50 future time, if premature disclosure § 7.69 Geological and geophysical in­ (d) Certified copies of documents: would be detrimental to orderly form ation. (1) With Department of Trans­ processes of the Department; records of portation seal------2.00 inspections, investigations,- and surveys Any geological or geophysical infor­ (2) True copy, without seal___ 1.00 pertaining to internal management of the mation and data (including maps) con­ (e) Photographs: black and white cerning wells is within the statutory glossy print, 8” x 10” or smaller, Department; and matters that would not e a c h ______1.00 be routinely disclosed under disclosure exemption. (f) Duplicate data tapes—each reel of procedures in litigation and which are Subpart G— Procedures for Reconsid­ tape or fraction thereof______40.00 likely to be the subject of litigation. (g) Microfilm copies, each 100 foot roll However, if such a record also contains ering Decisions Not To Disclose or less______8.00 factual information, that information Records (h) D ata processed records, each 1,000 lines or fraction thereof______5.00 may be made available under § 7.15. § 7.71 General. (i) Preprinted materials, shelf stock, § 7.63 Protection of personal privacy. - (a) Each officer or employee of the one color, standard sizes: Department who, upon a request by a (1) Each page (excluding (a) Any of the following personnel, blanks) ______i__ __ .05 medical, or similar records is within the member of the public for a record under (2) M inim um charge______1.00 statutory exemption if its disclosure this part, makes a determination that (j) Other records: The fee for a copy would harm the individual concerned or the record is not to be disclosed, will give of a record not described in para­ be a clearly unwarranted invasion of his a written statement of his reasons for graphs (b) through (i) of this sec­ personal privacy : that determination to the person making tion will be supplied upon request. (1) Personnel and background records the request. The amount of that fee will be the personal to any officer or employee of the (b) Any person to whom a record is cost oî producing and handling. not made available within a reasonable Pees covering items that are pecu­ Department, or other person, including liar to the records of any operat­ his home address. time after his request, and any person ing administration may be pre­ (2) Medical histories and medical rec­ who has been given a determination, scribed in the appendix to this ords concerning individuals, including pursuant to paragraph (a) of this sec­ part that is applicable to that applicants for licenses. tion, that a record he has requested will Administration. (3) Any other detailed record con­ not be disclosed, may apply to the As­ A p p e n d ix A—O f f ic e o f t h e S ecretary taining personal Information identifi­ sistant Secretary for Public Affairs, or the head of the operating administration 1. General. This appendix describes the able with a particular person. document inspection facility of the Office of (b) The purpose of this section is to concerned, as the case may be, for recon­ the Secretary, the kinds of records that are provide a proper balance between the sideration of the request. available for public inspection and copying protection of personal privacy and the (c) Each application for reconsidera­ at that facility, and the procedures by which preservation of the public’s right to tion must be in writing and must include members of the public may make requests Department information by authorizing all information and arguments relied for identifiable records. the protection of information that, if upon by the person making the request. 2. Document inspection facility. The docu­ (d) Whenever the Assistant Secretary ment inspection facility for the Office of the released, might unjustifiably invade an Secretary is maintained by the Assistant individual’s personal privacy. or the head of the operating administra­ tion concerned determines it to be neces­ Secretary for Public Affairs, 800 Indepen­ § 7.65 Investigatory files compiled for sary, he may require the person making dence Avenue SW., Washington, D.C. 20590. law enforcement purposes except to This facility is open to the public from 8:30 the request to furnish additional infor­ a.m. to 5 p.m. on regular working days. extent available by law to private mation, or proof of factual allegations, parties. 3. Records available at the document in­ and may order other proceedings ap­ spection facility. The following records are (a) Files compiled by the Department propriate in the circumstances. The de­ located at the document inspection facility: for law enforcement purposes, including cision of the Assistant Secretary or the (a) Any material issued by the Office of the enforcement of the regulations of the head of the operating administration the Secretary and published in the F ederal Department, are within the statutory concerned as to the availability of the R e g ister , including regulations. exemption, except to the extent available record is administratively final. (b) Final opinions (including concurring by law to a private party. (e) À decision by the Assistant Secre­ or dissenting opinions) and orders made in (b) The purpose of this section is to tary or the head of the operating admin­ the adjudication of cases and issued from, istration concerned not to disclose a w ith in th e Office of th e Secretary, protect from disclosure the law enforce­ (c) Any policy or interpretation issued ment files of the Department, including record under this part is considered to w ithin th e Office of th e Secretary, including files prepared in connection with related be a withholding by the Secretary for the any policy or interpretation concerning a litigation and adjudicative proceedings. purposes of section 552(a) (3) of Title 5, particular factual situation, if th a t policy It includes the enforcement not only of United States Code. or interpretation can reasonably be ex p ected criminal statutes but all kinds of laws. to have precedential value in any case in­ It is also the purpose of this section to Subpart H— Fees volving a member of the public in a^similar preserve the position of the Government §7.81 General. situation. in litigation or potential litigation, in (d) Any administrative staff manual or in­ This subpart prescribes fees for serv­ struction to staff, Issued from within the accordance with the rules governing ices performed for the public under Sub­ Office of th e Secretary, th a t affects any mem­ discovery in cases before courts and ad­ parts D and E of this part by the Depart­ ber of the public, including the prescribing ministrative agencies. While it confirms ment of Transportation. of any standard, procedure, or policy that,

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 RULES AND REGULATIONS 9289 when implemented, requires or limits any mandant and the District in which the (d) Officer In Charge, U.S. Coast Guard action of any member of the public or pre­ Hearing Examiner is located. Marine Inspection: scribes the manner of performance of any (c) Policies and interpretations issued activity by any member of the public. within the U.S. Coast Guard (including any Officer In Charge, USCG Marine Inspection, (e) An index to the material described in policy or interpretation concerning a par­ 427 Commercial Street, Boston, Mass. items (a) through (d). ticular factual situation, if that policy or 02109. interpretation can reasonably be expected Officer In Charge, USCG M arine Inspection, The records and the index may be inspected, to have precedential value in any case in­ Post Office Box 108, Pearl Street Station, at the facility, without charge. Copies of volving a member of the public in a similar Portland, Maine 04112. records may be obtained upon payment of situation) are available at the document in­ Officer In Charge, USCG Marine Inspection, the fee prescribed in Subpart H of this part. 409 Federal Building, Providence, R.I. 4. Requests for identifiable records underspection facility of th e Office of th e Commandant. 02903. Subpart E of this part. Each person desiring (d) An index of the records located at Officer In Charge, USCG Marine Inspection, to inspect a record, or to obtain a copy each facility is maintained at that facility. Post Office Box 391, Cairo, HI. 62914. thereof, must submit his request in writing (e) The records and the index may be Officer In Charge, USCG Marine Inspection, to the Assistant Secretary for Public Affairs inspected, at the facility, without charge. Room 8413, Federal Office Building 550 at the address listed in paragraph (a) of this Copies of records may be obtained upon pay­ Main Street, Cincinnati, Ohio 45202. appendix. Each request must be accompanied ment of the fee prescribed in Subpart H Officer In Charge, USCG Marine Inspection, by the appropriate fee prescribed in Subpart of this part. Box 695, Dubuque, Iowa 52001. H of th is part. 4. Requests for identifiable records underOfficer In Charge, USCG Marine Inspection, App e n d ix B—U n it e d S tates C oast G uard . Subpart E of this part. Each person desiring 328 Post Office and Federal Courthouse to inspect a record, or to obtain a copy Building, Fifth Avenue and Ninth Street, 1. General. This appendix describes the H untington, W. Va. 25701. document inspection facilities of the US. thereof, must submit his request in writing to th e U.S. Coast G uard office in w hich it Officer In Charge, USCG Marine Inspection, Coast Guard, the kinds of records that are 254 Francis Building, Fourth and Chestnut available for public inspection and copying is located. The addresses of th e Offices of th e Commandant and District Commandera are Streets, Louisville, Ky. 40202. at those facilities and the procedures by Officer In Charge, USCG Marine Inspection, which members of the public may make listed in section 2 of this appendix. The ad­ dresses of th e offices of Officers in Charge, 856 Federal Building, 167 N orth M ain requests for identifiable records. Street, Memphis, Tenn. 38103. 2. Document inspection facilities. The doc­ Marine Inspection are listed in paragraph (d) of this section. If the location ôf the Officer In Charge, USCG Marine Inspection, ument inspection facilities are located at the 670 U.S. Courthouse, 801 Broadway, Nash­ offices of the Commandant and District Com­ record is not known, the request may be subm itted to th e Office of th e C om m andant. ville, Tenn. 37203. manders. These facilities are open to the Officer In Charge, USCG Marine Inspection, public during regular working hours at the Each request must be accompanied by the appropriate fee prescribed in Subpart H of U.S. Post Office and C ourthouse Building, following addresses: this part. The following table gives illus­ Room 1032, P ittsburgh, Pa. 15219. Commandant (A), U.S. Coast Guard, 1300 trations of types of records and where they Officer In Charge, USCG Marine Inspection, E Street NW., W ashington, D.C. 20591. are located: Federal Building, 1520 M arket Street, St. (a) The types of records maintained at Louis, Mo. 63103. D ist r ic t O f f ic e s th e office of th e C om m andant, U.S. Coast Officer In Charge, USCG Marine Inspection, Commander, 1st Coast Guard District, J. P. Guard, include the following: Room 313, Federal Building, Albany, N.Y. Kennedy Federal Building, Government (1) Central files of merchant seamen. 12207. Center, Boston, Mass. 02203. (2) Marine casualty investigation records. Officer In Charge, USCG Marine Inspection, Commander, 2d Coast Guard District, Federal (3) Records of certificates and licenses Room 306, Post Office Building, New Building, 1520 M arket Street, St. Louis, Mo. issued to merchant seamen. London, Conn. 06321. 63103. (4) Merchant vessel shipping articles. Officer In Charge, USCG Marine Inspection, Commander, 3d Coast Guard District, Gov­ (5) Merchant vessel inspection records. Battery Park Building, New York, N.Y. ernors Island, New York, N.Y. 1004. (6) Records of merchant vessel docu­ 10004. Commander, 5th Coast Guard District, Fed­ mentation and records of sales and other Officer In Charge, USCG Marine Inspection, eral Building, 431 Crawford Street, Ports­ dispositions. Custom house, Philadelphia, Pa. 19106. m outh, Va. 23705. (7) Merchant vessel equipment approvals. Officer In Charge, USCG Marine Inspection, Commander, 7th Coast Guard District, Boom (8) Merchant Marine Council proceedings. Customhouse, Baltimore, Md. 21202. 1203, Federal Building, 51 Southwest First (9) Recreational boating records. Officer In Charge, USCG Marine Inspection, Avenue, Miami, Fla. 33130. (10) Great Lakes Pilotage records. Federal Building, Room 200, Portsm outh, Commander, 8th Coast Guard District, Cus­ (11) Records pertaining to bridges over Va; 23705. tomhouse, New Orleans, La. 70130. navigable waters. Officer In Charge, USCG Marine Inspection, Commander, 9th Coast Guard District, Main (12) Central files of Coast Guard person­ Room 101-105, Customhouse, Wilmington, Post Office Building, W est T hird and Pros­ nel. N.C.28401. pect Streets, Cleveland, Ohio 44113. ( 13 ) Coast Guard courts-martial records. Officer In Charge, USCG Marine Inspection, Commander, 11th Coast Guard District, (14) Records of Coast Guard property and Room 625, Federal Building, 334 Meeting Heartwell Building, 19 Pine Avenue, Long contracts. Street, Charleston, S.C. 29403. Beach, Calif. 90802. (b) The types of records maintained by Officer In Charge, USCG Marine Inspection, Commander, 12th Coast Guard District, 630 th e office of th e appropriate D istrict Com­ Room 210, Federal Building, Post Office Box Sansome Street, San Francisco, Calif. 94126. mander include the following: 4968, Jacksonville, Fla. 32201. Commander, 13th Coast Guard District, 618 (1) Navigation and Vessel Inspection Officer In Charge, USCG Marine Inspection, Second Avenue, Seattle, W ash. 98104. penalty action records. Room 1202, Federal B uilding, 51 Southw est Commander, 14th Coast G uard D istrict, 1347 (2) Séarch and rescue records. F irst Avenue, Miami, Fla. 33130. Kapiolani Boulevard, Honolulu, Hawaii (3) Coast Guard vessel and shore station Officer In Charge, USCG Marine Inspection, 96814. — logbooks. Room 302, Federal Building, Post Office Commander, 17th Coast Guard District, Post (4) Port safety and waterfront facility Box 3666, San Ju an , P.R. 00904. Office Box 3-5000, Federal Building, Ju­ records. Officer In Charge, USCG Marine Inspection, neau, Alaska 99801. (5) Coast Guard property and contracts. Post Office Box 191, Savannah, Ga. 31402. ■ (6) Aids to navigation records. Officer In Charge, USCG Marine Inspection, 3. Records available at document inspec­ (7) Records of bridges over navigable Room 210, 500 Zack Street, Post Office Box tion facilities, (a) The following records are waters. 3172, Tam pa, Fla. 33601. available at any U.S. Coast Guard document (c) The types of records maintained by Officer In Charge, USCG Marine Inspection, inspection facility: the appropriate Officer in Charge, Marine In­ Room 101, Federal Building, Corpus Christi, (1) Final opinions and orders m ade in spection include the following : Tex. 78401. tbe adjudication of cases by the Comman­ (1) Certificates and licenses issued to mer­ Officer In Charge, USCG Marine Inspection, dant, U.S. Coast G uard. chant seamen. Room 232, Customhouse, Galveston, Tex. (2) U.S. Coast G uard num bered publica­ (2) Merchant vessel inspection records. 77550. tions that affect any member of the public,- (3) Merchant vessel logbooks and shipping Officer In Charge, USCG Marine Inspection,, Including the prescribing of any standard, articles. 7300 W ingate Street, Houston, Tex. 77011. procedure, or policy that, when implemented, (4) Shipment and discharge of seamen Officer In Charge, USCG Marine Inspection, requires or limits any action of any member records. Room 563, Federal Building, Mobile, Ala. of the public or prescribes the manner of (5) Marine casualty investigation records. 36602. performance of any activity by any member (6) Shipyard and factory inspection Officer In Charge, USCG Marine Inspection, of the public. records. 310 Custom house, New Orleans, La. 70130. (b) Opinions and orders of Hearing (7) Records of merchant vessel docu­ Officer In Charge, USCG Marine Inspection, Examiners are available at the document in­ mentation and recording of sales and other 1601 Proctor Street, Port Arthur, Tex. spection facility of th e Office of th e Com- dispositions. 77640.

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 9290 RULES AND REGULATIONS

Officer In Charge, USCG Marine Inspection, FAA Headquarters, 800 Independence Ave­ (b) Civil Rights Violations Determina­ Room 440, Federal Building, 121 Elllcott nue SW., W ashington, D.C. 20590. tions under Title VI Civil Rights Act of 1964: Street, Buffalo, N.T. 14203. Alaskan Region, 632 Sixth Avenue, Anchor­ Headquarters. Officer In Charge, USCG Marine Inspection, age, Alaska 99501. b. Statements of Policy and Interpreta­ 10101 South Ewing Avenue, Chicago, 111. Central Region, 601 East 12th Street, Kansas tions. 60617. City, Mo. 64106. (1) Advisory Circulars: All facilities. Officer In Charge, USCG Marine Inspection, Southern Region, 3400 Whipple Street, East (2) Individual Interpretations: The fa­ 1055 East N inth S treet Cleveland, Ohio Point, Ga. (M ailing address: Post Office cility for the organizational unit within 44114. Box 20636, A tlanta, Ga. 30320.) which the interpretation was issued. Officer In Charge, USCG Marine Inspection, Southwest Region, 4400 Blue Mound Road (3) Legal Interpretations: All facilities. Federal Building, Room 424, Detroit, Mich. (M ailing address: Post Office Box 1689), (4) Unpublished Policy Statements : 'The 48226. F ort W orth, Tex. 76101. facility for the organizational unit within Officer In Charge, USCG Marine Inspection, W estern Region, 5651 W est M anchester Ave­ which the policy statement was issued. Federal Building Room 311, Duluth, Minn. nue, (Mailing address: Post Office Box c. Administrative Staff Manuals and In­ 55802. 90007), Los Angeles, Calif. 90009. structions to Staff that affect the public: Officer In Charge, USCG Marine Inspection, Eastern Region, JFK International Airport, The facility for the organizational unit with­ Posit Office Box 308, Ludington, Mich. New York, N.Y. 11430. in which the manual or instruction was 49431. Pacific Region, 1833 Kalakaua Avenue (Mail­ issued. Officer In Charge, USCG Marine Inspection, ing address: Post Office Box 4009), Hono­ 4. Requests for identifiable records under Room 400, 135 West Wells Street, Mil­ lulu, Hawaii 96812. Subpart E of this part. Each person desir­ waukee, Wis. 53203. Aeronautical Center, 6400 South MacArthur ing to inspect a record, or to obtain à copy Officer In Charge, USCG Marine Inspection, Boulevard (M ailing address: Post Office thereof, must submit his request in writing Room 205, Federal Building, Oswego, N.Y. Box 25082), O klahoma City, Okla. 73125. to the Manager, Headquarters Operations, at 13126. National Aviation Facilities Experimental Headquarters, or the Director of the appro­ Officer In Charge, USCG Marine Inspection, Center, Tilton Road, Route 563 (near priate Region or Center, depending on where Municipal Building, St. Ignace, Mich. Pomona, N.J.) (Mailing address: Atlantic the record is located. If the location of the 49781. City, N.J. 08405). record is not known, the request may be sub­ mitted to Manager, Headquarters Operations. Officer In Charge, USCG Marine Inspection, 3. Records available at document inspec­ Federal Building, Room 5101, 234 Summit Each request must be accompanied by the tion facilities. The records described in sub­ appropriate fee prescribed in Subpart H of Street, Toledo, Ohio 43604. part D of this part are located at the Officer In Charge, USCG Marine Inspection, th is part. document inspection facility for the orga­ 5. Reconsideration of determinations not (Los Angeles-Long Beach), Center Build­ nizational unit concerned. An index of the ing, 750 North Broad Avenue, Wilmington, to disclose records. Any person to whom a records available at each facility is main­ record is not made available within a reason­ Calif. 90744. > tained at that facility. The records and the Officer In Charge, USCG Marine Inspection, able time after his request, and any person index may be inspected, at the facility, with­ who has been notified that a record he has Station B, Box 2029, San Francisco, Calif. out charge. Copies of these records may be '94126. requested cannot be disclosed, may apply, in obtained upon payment of the fee prescribed writing, to the Director, Information Serv­ Officer In Charge, USCG Marine Inspection, in Subpart H of this part. The following Room 12A, Broadway Pier, San Diego, ices at FAA Headquarters, for reconsideration table illustrates the types of records avail­ of that request. The decision of the Director, Calif. 92101. able and where they are located, Officer In Oharge, USCG Marine Inspection, Information Services is administratively a. Final opinions and orders. final. Room 202, Lincoln Building, 208 Southwest (1) Issue, amendment, suspension, or Fifth Avenue, Portland, Oreg. 97204. revocation of certificates, permits, authoriza­ Ap p e n d ix D—F ederal H ig h w a y Officer In Charge, USCG Marine Inspection, tions, approvals. A dministration 618 Second Avenue, Seattle, W ash. 98104. (a) Airman certificates and ratings. 1. General. This appendix describes the Officer In Charge, USCG Marine Inspection, Aeronautical Center: P ost Office Box 157, FPO, San Francisco docum ent inspection facilities of th e Federal Pilots. Highway Administration (FHWA), the kinds 96630. Flight Instructors. Officer In Charge, USCG Marine Inspection, of records that are available for public in­ Flight Navigators. spection and copying at these facilities, and 610 Fort Street, Honolulu, Hawaii, 96813. Flight Engineers. Officer In Charge, USCG Marine Inspection, the procedures by which members of the Aircraft Dispatchers. public may make requests for identifiable Post Office Box 1286, Anchorage, Alaska Mechanics. 99501. records. Repairm en. 2. Document inspection facilities. Docu­ Officer In Charge, USCG Marine Inspection, Air Traffic Control Operators. Post Office Box 3-5000, Juneau, Alaska ment inspection facilities are maintained for Parachute Riggers. FHWA H eadquarters, each FHWA regional 99801. (b) A ircraft Certificates—Registration Officer In Charge, USCG Marine Inspection, office, an d each Division Engineer Office of Certificates: Aeronautical Center. the Bureau of Public Roads. These facilities Post Office Box 1719, K etchikan, Alaska The facility for the Region within which 99901. are open to th e public d uring regular working the action was taken: . hours at the following addresses: 5. Reconsideration of determinations not Type Certificates. Washington Headquarters: to disclose records. Any person to whom a Production Certificates. Federal Highway Administration, Office of record is not made available within a rea­ Airworthiness Certificates. th e Records Officer, 1717 H Street NW, sonable time after his request, and any per­ Ferry Permits. W ashington, D.C. 20591. son who has been notified that a record he Special Flight Authorizations. has requested cannot be disclosed, may ap­ (c) Air Carrier and Air Agency Certifi­ R e g io n a l O f f ic e s ply, in writing, to the Commandant, U.S. cates. Regional Federal Highway Administrator, Coast Guard, for reconsideration of that re­ The facility for the Region within which Region 1, Federal Highway Administration, quest. The decision of the Commandant is th e action was tak en : 4 Normanskill Boulevard, Delmar, N.Y. administratively final. Air Carrier Operating Certificates. 12054. Commercial Operators Certificates. Regional Federal Highway Administrator, Ap p e n d ix C—F ederal A v ia tio n Agricultural Aircraft Operator Region 2, Federal Highway Administration, A dministration Certificates. . 1610 Oak Hill Avenue, Hagerstown, Md. 1. General. This appendix describes the Repair Station Certificates. 21740. document inspection facilities of the Federal P arachute L oft Certificates. Regional Federal Highway Administrator, Aviation Administration, the kinds of rec­ Pilot School Certificates. Region 3, Federal Highway Administration, ords that are available for public inspection Mechanic School Certificates. S uite 200, 1720 Peachtree Road NW., and copying at these facilities, and the pro­ Ground Instructor Certificates. A tlanta, Ga. 30309. cedures by which members of the public may (d) Designations of Representatives of the Regional Federal Highway Administrator, make requests for identifiable records. Administrator: Headquarters. Region 4, Federal Highway Administration, 2. Document inspection facilities. Docu­ (e) Approvals of navigational facilities 18209 Dixie Highway, Homewood, 111. 60430. ment inspection facilities are maintained for under FAR Part 171: The facility for the Re­ Regional Federal Highway Administrator, FAA H eadquarters, each FAA regional office, gion within which the approval was issued. Region 5, Federal Highway Administration, (2) Federal-aid Airport Grants: The facil­ the Aeronautical Center, and the National P ost Office Box 15177, Civic Center, Federal ity for the Region within which the grant Aviation Facilities Experimental Center. The Building, 911 W alnut Street, Kansas City, was m ade. document inspection facility for the Euro­ Mo. 64106. pean Region is located at Headquarters. (3) Penalties. (a) Compromise of Civil Penalties SeizureRegional Federal Highway Administrator, These f acilities are open to the public during Region 6, Federal Highway Administration, regular working hours at the following of Aircraft: The facility for the Region with­ 819 Taylor Street, Fort Worth, Tex. 7610 . addresses; in which the action is taken.

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 RULES AND REGULATIONS 9291

Regional Federal Highway Administrator, Division Engineer, Bureau of Public Roads, expected to have precedential value in any Region 7, Federal Highway Administration, Highway 50 West, Post Office Box 148, case involving a member of the public in a 450 Golden G ate Avenue, Box 36096, San Jefferson City, Mo. 65101. similar situation. Francisco, Oalif. 94102. Division Engineer, Bureau of Public Roads, (b) The following records are available at Regional Federal Highway Administrator, 11th and Fee Streets, Helena, Mont. 59601. all FHWA document inspection facilities: Region 8, Federal Highway Administration, 59601. FHWA Orders. These Orders are issued by 222 Southwest Morrison Street,' Portland, Division Engineer, Bureau of Public Roads, Federal Highway Administration and con­ Oreg. 97204. 300 South 17th Street, Lincoln, Nebr. tain policy, instructions, and general Regional Federal Highway Administrator, 68501. procedures. Region 9, Federal Highway Administration, Division Engineer, Bureau of Public Roads, FHWA Manuals. These Manuals are issued Room 242, Building 40, Denver Federal 222 East Washington Street, Carson City, by Federal Highway Administration and con­ Center, Denver, Colo. 80225. Nev. 89701. tain more detailed procedures relating to pol­ Regional Federal Highway Administrator, Division Engineer, Bureau of Public Roads, icies and program responsibilities, and in­ Region 10, Federal Highway A dm inistra­ Federal Building, 55 Pleasant Street, Con­ clude the following: tion, Post Office Box 1648, Federal Building, cord, N .H .03301. (1) Administrative Manual (issued by Juneau, Alaska 99801. Division Engineer, Bureau of Public Roads, Office of A dm .). Regional Engineer, Region 15, Federal High­ 25 Scotch Road, Post Office Box 211, (2) Audit Manual (issued by Audits & way A dm inistration, 1000 N orth Glebe Trenton, N.J. 08628. Investigation). Road, Arlington, Va. 22201. Division Engineer, Bureau of Public Roads, (3) Labor Compliance Manual (issued by 117 U.S. Courthouse, S anta Fe, N. Mex. General Counsel). D iv is io n O f f ic e 87501. FHWA Notices. These Notices are issued by Division Engineer, Bureau of Public Roads, Division Engineer, Bureau of Public Roads, Federal Highway Administration and trans­ 441 -High Street, Montgomery, Ala. 36104. 12-14 Russell Road, Albany, N.Y. 12205. mit one-time or short-term announcements Division Engineer, Bureau of Public Roads, Division Engineer, Bureau of Public Roads, or temporary directives (90 days or less). 230 N orth F irst Avenue, Room 5443, Phoe­ Phillips Building, 401 Oberlin Road, Ra­ Bureau of Public Roads Policy and Pro­ nix. Ariz. 85025. leigh, N.C. 27605. cedure Memorandums (PPM’s). PPM’s state Division Engineer, Bureau of Public Roads, Division Engineer, Bureau of Public Rbads, official policies and provide procedural 700 West Capitol Avenue, Little Rock, Ark. New Federal Building, Post Office Box direction. 72201. 1755, Bismarck, N. Dak. 58502. Bureau of Public Roads Administrative Division Engineer, Bureau of Public Roads, Division Engineer, Bureau of Public Roads, Memorandums (AAf’s).. AM’s state official Eighth and I Streets, Sacramento, Calif. 700 Bryden Road, Columbus, Ohio 43215. administrative policies and procedures within 95809. Division Engineer, Bureau of Public Roads, th e B ureau. Division Engineer, Bureau of Public Roads, 2409 North Broadway Street, Oklahoma Bureau of Public Roads Manuals. These Room 267, Building 40, Denver Federal City, Okla. 73103. Manuals contain much more detail relating Center, Denver, Colo. 80225. Division Engineer, Bureau of Public Roads, to procedures, policy, and program respon­ Division Engineer, Bureau of Public Roads, 477 Cottage S treet NE., Salem, Oreg. 97301. sibilities. The following manuals are uti­ 990 Wethersfield Avenue, Hartford, Conn. Division Engineer, Bureau of Public Roads, lized in Public Roads: 06114. 123-127 Walnut Street, Harrisburg, Pa. (1) Highway Planning Program Manual. Division Engineer, Bureau of Public Roads, 17101. (2) Construction Manual. Arden Building, 11 North Street, Dover, Division Engineer, Bureau of Public Roads, (3) Emergency Planning and Operations Del. 19901. 605 Condado Avenue, Santurce, P.R. 00907. M anual. Division Engineer, Bureau of Public Roads, Division Engineer, Bureau of Public Roads, Bureau of Public Roads Instructional 425 13th Street NW„ Room 1248, W ashing­ 40 Fountain Street, Providence, R.I. 02903. Memorandums (IM ’s). IM’s are temporary in ton, D.C. 20004. Division Engineer, Bureau of Public Roads, nature. They are used by the Bureau to state Division Engineer, B ureau of Public Roads, 1813 M ain Street, Room 201, Columbia, official policies and procedures, until such Post Office Box 1079, 222 W est Pensacola S.C. 29201. time as they can be converted to a permanent Street, Tallahassee, Fla. 32302. Division Engineer, Bureau of Public Roads, type directive series, sttch as a PPM. Division Engineer, B ureau of Public Roads, Federal Office Building, Post Office Box Bureau of Public Roads Circular Memoran­ 900 Peachtree Street NE., Atlanta, Ga. 700, Pierre, S. Dak. 57501. dum s. These memorandums are temporary 30309. , - Division Engineer, Bureau of Public Roads, issuances used to transmit a one-time or Division Engineer, B ureau of Public Roads, 226 Capitol Boulevard Building, Room 414, short-term announcement (90 days or less). 336 Federal Building, Post Office Box 120, Nashville, Tenn. 37219. NHSB Orders. These Orders contain policy, Honolulu, Hawaii 96810. ¡Division Engineer, Bureau of Public Roads, instructions, and general procedures. Division Engineer, B ureau of Public Roads, 300 E ast E ighth Street, Austin, Tex. 78701. NHSB Manuals. These Manuals, issued by 3010 West S tate Street, Post Office Box Division Engineer, Bureau of Public Roads, National Highway Safety Bureau, contain 7527, Boise, Idaho 83707. 125 S outh State Street, Salt Lake City, more detailed procedures relating to policies Division Engineer, B ureau of Public Roads, U tah 84111. and program responsibilities. 200 West Washington Street, Springfield, Division Engineer, Bureau of Public Roads, Motor Vehicle Safety Standards. These 111.62705. Federal Building, Post Office Box 568, M ont­ standards, issued by National Highway Safety Division Engineer, B ureau of Public Roads, pelier, Vt. 05602. Bureau, apply to new motor vehicles and Room 707,1.S.T.A. Center, 150 W est M arket Division Engineer, Bureau of Public Roads, equipment thereon. Street, Indianapolis, Ind. 46204. 400 North Eighth Street, Richmond, Va. Highway Safety Standards. These Stand­ Division Engineer, Bureau of Public Roads, 23219. ards, issued by National Highway Safety Sixth and Kellogg Streets, Ames, Iowa Division Engineer, Bureau of Public Roads, Bureau, apply to State highway safety pro­ 50010. 1007 S outh W ashington Street, Olympia, grams. Division Engineer, Bureau of Public Roads, W ash. 98501. NHSB Notices. These Notices, issued by 512 West Sixth Street, Topeka, Kans. 66603. Division Engineer, Bureau of Public Roads, National Highway Safety Bureau, are tem­ Division Engineer, Bureau of Public Roads, 500 Quarrier Street, Charleston, W. Va. porary issuances transmitting one-time or 151 Elkhorn Court, Post Office Box 536, 25301. short-term announcements or temporary Frankfort, Ky. 40601. Division Engineer, Bureau of Public Roads, directives (90 days or less). Division Engineer, Bureau of Public Roads, 139 West Wilson Street, Madison, Wis. Motor Carrier Safety Operations Manuals. 3444 Convention Street, Baton Rouge, La. 53701. , These Manuals, issued by Bureau of Motor 70806. Division Engineer, Bureau of Public Roads, Carrier Safety, contain details of compli­ Division Engineer, Bureau of Public Roads, 2120 Capitol, Post Office Box 1127, Chey­ ance programs, accident investigations, en­ 40 W estern Avenue, Augusta, Maine 04330. enne, Wyo. 82001. forcement programs, and interpretations. Division Engineer, B ureau of Public Roads, 3. Records available at document inspec­ Motor Carrier Safety Administrative Rul­ 1114 Cathedral Street, Baltimore, Md. tion facilities, (a) The following records are ings. 21201. available at the FHWA headquarters docu­ Motor Carrier Safety Waivers from Regu­ Division Engineer, Bureau of Public Roads, ment inspection facility. lations. JFK Federal Building, Room 612, Boston, (1) Final opinions (including concurring 4. Requests for identifiable records under Mass. 02203. and dissenting opinions, if any) and orders Subpart E of this part. Each person desiring Division Engineer, Bureau of Public Roads, made in the adjudication of cases and issued to inspect a record, or to obtain a copy there­ Room 211, Federal Building, Post Office Box from within the Federal Highway Admin­ of, may submit his request, in writing, to 147, Lansing, Mich. 48901. istration. any FHWA document inspection facility. If Division Engineer, Bureau of Public Roads, (2) Any policy or interpretation issued that facility does not have custody of the rec­ 461 Race Street, St. Paul, M inn. 55103. within the Federal Highway Administration, ord, it will forward the request to the ap­ Division Engineer, Bureau of Public Roads, including any policy or interpretation con­ propriate office. Each request m u st be ac­ 301 Building, 301 N orth Lam ar Street, cerning a particular factual situation, if that companied by the appropriate fee prescribed Jackson, Miss. 39202. policy or interpretation can reasonably be in Subpart H of this part.

FEDERAL REGISTER, VOL. 32, NO. 125— THURSDAY, JUNE 29, 1967 No. 125—Pt. n -----2 9292 RULES AND REGULATIONS

5. Reconsideration of determinations notcase involving a member of the public in a way Circle, Massena, N.Y. This facility is to disclose records. Any person to whom a similar situation. open to the public during regular working record Is not made available within a reason­ (c) Any administrative staff manual or hours. able time after his request, and any person instruction to staff, issued from within the 3. Records available at the document in­ who has been notified that a record he has Federal Railroad Administration, that af­ spection facility. The following records are requested cannot be disclosed, may apply, in fects any member of the public, including the located at the document inspection facility: writing, to the Director of Administration, prescribing of any standard, procedure, or (a) Final opinions (including concur­ Federal Highway Administration, Donohoe policy that, when implemented, requires or ring and dissenting opinions, if any) and Building, 400 Sixth Street SW., Washington, limits any action of any member of the pub­ orders made in the adjudication of cases D.C. 20591, for reconsideration of his re­ lic or prescribes the manner of performance and issued from w ith in th e St. Lawrence quest. The decision of the Director of Ad­ of any activity by any member of the public. Seaway Development Corporation. ministration is administratively final. (d) Public Notice of pending administra­ (b) Any policy or in terp retatio n issued tive actions. within the St. Lawrence Seaway Develop­ Ap p e n d ix E—F ederal R ailroad (e) Bureau of Railroad Safety Annual ment Corporation, including any policy or A dministration Report. interpretation concerning a particular 1. General. This appendix describes the (f) Accident Bulletin. factual situation, if that policy or interpreta­ document inspection facility of the Federal (g) Rail-Highway Grade-Crossing Bulletin. tion can reasonably be expected to have Railroad Administration, the kinds of records (h) Locomotive Specifications. precedential value in any case involving a that are available for public inspection and (i) An index to the material described In member of the public in a similar situation. copying at that facility and the procedures (a) through (h). (c) Any administrative staff manual or instruction to staff, Issued from within the by which members of the public may make The records and the index may be inspected, requests for identifiable records. St. Lawrence Seaway Development Corpora­ at the facility, without charge. Copies of rec­ tion, th a t affects any m em ber of th e public, 2. Document inspection facility. The docu­ ords may be obtained upon payment of the including the prescribing of any standard, ment inspection facility is maintained at the fee prescribed in Subpart H of this part. procedure, or policy that, when implemented, headquarters of the Federal Railroad Admin­ 4. Requests for identifiable records underrequires or limits any action of any mem­ istration, Donohoe Building, 400 Sixth Street Subpart E of this part. Each person desiring ber of the public or prescribes the manner SW., W ashington, D.C. 20591. This facility is to inspect a record, or to obtain a copy of performance of any activity by any mem­ open to the public during regular working thereof, must submit his request in writing ber of th e public. hours. to the Administrative Services Officer, Federal (d) An index to th e m aterial described 3. Records available at the document in­ Railroad Administration, Room 216-C, Dono­ in (a) through (c). spection facility. The following records are hoe Building, 400 Sixth Street SW., Washing­ .maintained at the document inspection ton, D.C. 20591. Each request must be accom­ The records and the index may be inspected, facility: panied by the appropriate fee prescribed in at the facility, without charge. Copies of (a) Final opinions (including concurring Subpart H of this part. records may be obtained upon payment of and dissenting opinions, if any) and orders the fee prescribed in Subpart H of this part. made in the adjudication of cases and issued Ap p e n d ix F—S t . L a w r en c e Seaw ay D ev elo p­ 4. Requests for identifiable records under from within the Federal Railroad Adminis­ m e n t C o rpo r a tio n Subpart E of this part. Each person desir­ tration. Included are opinions and orders 1. General. This appendix describes the ing to inspect a record, or to obtain a copy issued under the Safety Appliance Acts, document inspection facility of the St. thereof, must submit his request in writing Hours of Service Act, Signal Inspection Act, Lawrence Seaway Development Corporation, to the Public Information Officer, St. Law­ Locomotive Inspection Act, and Accident the kinds of records that are available for rence Seaway Development Corporation, Sea­ way Circle, Massena, N.Y. 13662. Each re­ Reports Act. public inspection and copying at that facil­ ity, and the procedures by which members of quest must be accompanied by the appro­ (b) Any policy or interpretation issued priate fee prescribed in Subpart H of this within the Federal Railroad Administration, the public may make requests for identifi­ able records. - ■. part. The decision of the Public Information including any policy or interpretation con­ Officer to withhold a record is administra­ 2. Document inspection facility. T he docu­ cerning a particular factual situation, if that ment inspection facility of the St. Lawrence tively final. policy or interpretation can reasonably be Seaway Development Corporation is main­ [F.R. Doc. 67-7401; Filed, June 28, 1967; expected to have precedential value in any tained at its headquarters building at Sea­ 8:49 a m .]

FEDERAL REGISTER, V O L 32, NO. 125— THURSDAY, JUNE 29, 1967

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