FEDERAL REGISTER VOLUME 30 • NUMBER 56 Wednesday, March 24, 1965 • Washington, D.C. Pages 3805-3850
Agencies in this issue-— Agricultural Stabilization and Conservation Service Agriculture Department Civil Aeronautics Board Civil Service Commission Federal Aviation Agency Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Reserve System Food and Drug Administration .Interagency Textile Administrative Committee Interstate Commerce Commission Land Management Bureau Maritime Administration Post Office Department Detailed list of Contents appears inside. Just Released
CODE OF FEDERAL REGULATIONS (As of J anuary 1,' 1965)
Title 5—Administrative Personnel-______. . $0.50 (Pocket Supplement)
Title 22—Foreign Relations ______$1.00 (Revised)
Title 26—Internal Revenue—Part 1 (§§ 1.01-1.400) . . $1.00 (Pocket Supplement)
Title 39—Postal Service_’ ______$1.25 (Pocket Supplement)
A cumulative checklist of CFR issuances for 1965 appears in the first issue of each month under Title 1.
Order from Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402
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AGRICULTURAL STABILIZATION Notices FEDERAL RESERVE SYSTEM AND CONSERVATION South Carolina Educational Tele Rules and Regulations vision Commission; determina Loans by banks for purpose of SERVICE tion of hazard to air navigation. 3832 purchasing or carrying regis Rules and Regulations tered stocks------*------3812 Sugarbeets; wage rates------3810 FEDERAL COMMUNICATIONS AGRICULTURE DEPARTMENT COMMISSION FOOD AND DRUG See also Agricultural Stabiliza Rules and Regulations ADMINISTRATION tion and Conservation Service. FM broadcast stations: Rules and Regulations Rules and Regulations Augusta, Maine, et al------3816 Food additives; natural flavoring Selection of committees; terms of Hialeah, Fla., et al------3817 substances------;— — 3815 office and eligibility------3809 Proposed Rule Making HEALTH, EDUCATION* AND CIVIL AERONAUTICS BOARD FM broadcast stations, Clewiston, Fla., et al.; table of assign WELFARE DEPARTMENT Notices ments— — — -——— —--— - 3826 Hearings, etc.: Schedule of application filing See Food and Drug Administra International Air Transport fees______- ______;— 3822 tion. Association______.__ 3830 Notices Kodiak Renewal Case______3830 Hearings, etc.: INTERAGENCY TEXTILE Mercury Service Systems, Inc_ 3830 American Homes Stations, Inc., ADMINISTRATIVE COMMITTEE Trans World Airlines, Inc___ 3831 et al______3832 Western Alaska Renewal Case_ 3832 Carolina Radio Broadcasting Notices CIVIL SERVICE COMMISSION Co—____ ... _— __ 3833 Certain cotton textiles; restraint Childress, James B., and Den levels______3841 Rules and Regulations ton Radio C o.—----— — 3833 Smithsonian Institution; excepted Grenada Broadcasting Com INTERIOR DEPARTMENT service.-.______3809 pany, Inc. (WNAG)------3835 See Land Management Bureau. Notices Press Wireless, Inc__—— ------3836 Positions for which there is deter Ultravision Broadcasting Co„ INTERSTATE COMMERCE mined to be a manpower short et al-_—— ____::____ — 3836 age; listing______3832 WMEN, Inc., and Tallahassee COMMISSION Appliance Corporation------3837 Notices COMMERCE DEPARTMENT Motor carriers: See Maritime Administration. FEDERAL MARITIME Alternate route, deviation no tices______i_____ 3846 FEDERAL AVIATION AGENCY COMMISSION Application and certain other Rules and Regulations Notices proceedings (2 documents)— 3842 Alterations: Agreements filed for approval: Intrastate applications—------3848 Control zone and transition Pacific Coast European Confer Transfer proceedings------3848 area...______3813 ence______— 3838 Control zones______3814 Venezuela-Netherlands West LAND MANAGEMENT BUREAU Transition area______3815 Indies Oil Companies------3838 Control area extension and transi Victory Shipping Co., Inc., et al.; Notices tion area; revocation and desig- grandfather applications.— — 3838 Montana Land Office, Bureau of nation______3813 Land Management; change in Control zone, transition areas, and location— ------3830 control area extension; altera FEDERAL POWER COMMISSION tion, designation and revoca tion.------3814 Notices MARITIME ADMINISTRATION reporting point; designation____ 3815 Hearings, etc.: ^ Notices American Louisiana Pipe Line Proposed Rule Making List of free world and Polish flag Co_, ------3839 vessels arriving in Cuba since Controlled airspace; alteration of Colorado Interstate Gas Co_— 3839 Poposai and extension of com- Empire District Electric Co----- 3839 January 1, 1963------3828 « ______3820 Marathon Oil Co. et al------3840 eral airway; extension (2 docu- Milwaukee Gas Light Co. (2 POST OFFICE DEPARTMENT documents) ------_------3840 Proposed Rule Making —— ------3821 nnin+. a™ y ? and reporting Niagara Mohawk Power Corp__ 3841 Bulk second- and third-class mail tlfwi a^erati°n and designa- Panhandle Eastern Pipe Line ings------— 3820 Co______—____ —*____ 3841 iisition area; alteration______3821 Valley Gas Transmission, Inc— 3841 (Continued on next page) 3808 CONTENTS
List of CFR Parts Affected
(Codification Guide)
The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1965, and specifies how they are affected.
5 CFR 21 CFR 213______L 3809 121—_—...... ______3815 7 CFR 7—___—..— -----_____— ____ 3809 39 CFR 862_____—_— ____ 3810 P roposed R u les: 16______3820 12 CFR 24__ 3820 221------__ 3812 47 CFR 14 CFR 73 (2 documents)______3816,3817 71 (6 documents) ______3813-3815 P roposed R ules : P roposed R ules : I_^______^______3822 71 (5 documents)______3820,3821 73—______3826
J Rules and Regulations
consecutive, terms a person may serve as committee. In the event an alternate Title 5— ADMINISTRATIVE a member of the county committee. The fills a permanent vacancy on the com regulations in this subpart are, therefore, mittee, he shall not thereby assume the amended as follows: unexpired term of the committeeman he PERSONNEL replaced. An acting member shall have Chapter I— Civil Service Commission S election of Committees the same duties and authority as a § 7.11 Election of community commit member. PART 213— EXCEPTED SERVICE tee and delegates to the county con (d) The community committee shall Smithsonian Institution vention. select a secretary who shall be either (a) Except as provided in paragraph the county agricultural extension agent Section 213.3174 is added to show the (c) of this section, the eligible voters in for the county or an employee of the exception under Schedule A of certain a community shall elect annually a com county committee. positions in the Smithsonian Institution munity committee composed of three (e) Notwithstanding the provisions of when filled by alien scientists and tech members and shall also elect first and paragraphs (a) and (c) of this section, nicians. Effective upon publication in second alternates to serve as acting mem 1964 elections not completed until 1965 the Federal R egister, § 213.3174, para bers of the community committee in the shall be held under the regulations which graph (a) is added as set out below. order elected in case of the temporary governed 1964 elections. § 213.3174 Smithsonian Institution. absence of a member, or to become a § 7.12 Election of the county commit (a) Positions when filled by alien member of the community committee in tee. scientists and technicians appointed after the order elected in case of the resig (a) The delegates elected pursuant to the Secretary has determined in each nation, disqualification, removal, or § 7.11 shall meet in a convention held case that no qualified citizen is available death of a member. An acting member before the close of the same calendar for the particular position. of the community committee shall have year in which they were elected to elect the same duties and the same authority committeemen for vacancies on the (R.S. 1753, sec. 2, 22 Stat. 403, as amended; as a member. Election shall be by secret 5 U.S.C. 631, 633; E.O. 10577, 19 F.R. 7521, 3 county committee. A majority of the CFR, 1954-1958 Comp., p. 218). ballot and by plurality vote, with each delegates so elected and qualified to vote eligible voter having the option of writing at the time of the convention shall con United S tates Civil S erv in the names of candidates of his own stitute a quorum. A county committee ice Com m ission, choice. Except as provided in paragraph shall consist of three members. At the [seal] Mary V. W enzel, (c) of this section, the three regular first county convention held on or after Executive Assistant to members of the community committee January 1,1965, one committeeman shall the Commissioners. shall be the delegates to the county con be elected to hold office for a term of [F.R. Doc. 65-2966; Filed, Mar. 23, 1965; vention and the first and second alter three years or until his successor is 8:45 a.m.] nates to the community committee shall elected and qualified, one committeeman also be in that order alternate delegates shall be elected to hold office for a term to the county convention: Provided, how of two years or until his successor is ever, That a person may not serve as dele elected and qualified, and one commit Title 7— AGRICULTURE gate if he has been a member of the teeman shall be elected to hold office for county committee for that county during Subtitle A— Office of the Secretary a term of one year or until his successor the 90 days preceding the community is elected and qualified. At each an of Agriculture election. Failure to elect the prescribed nual county convention held thereafter, [Arndt. 10] number of alternates at the regular elec one committeeman shall be elected to tion shall not invalidate such election or PART 7— AGRICULTURAL STABILIZA hold office for a term of three years or require a special election to elect addi until his successor is elected and quali TION AND CONSERVATION COM tional alternates. fied, so that the term of office of one MITTEES (b) In any county where there is only one community, the community commit committeeman will expire in each year. Subpart— Selection and Functions of One member shall be elected annually tee shall be the county committee. by the delegates as chairman, and one Agricultural Stabilization and Con (c) Where there is only one com member as vice chairman. At each con servation County and Community munity in the county, at the first elec vention the delegates shall also elect Committees tion held on or after January 1, 1965, annually a first and second alternate to one committeeman shall be elected to Selection of Committees, T erms of the county committee to serve as acting hold office for a term of three years or members of the committee in the order Office, and E ligibility until his successor is elected and quali elected in case of the temporary absence See irtue of authority vested in the fied, one committeeman shall be elected of a member, or to become a member in spr Joiary of Agriculture by the Soil Con- to hold office for a term of two years or the order elected in case of the resigna rvation and Domestic Allotment Act of until his successor is elected and quali tion, disqualification, removal, or death fied, and one committeeman shall be of a member of the county committee. subnet an^*1<*ed, the regulations in this elected to hold office for a term of one ter r> f\jU^ slle<^ *n th e F ederal R egis- In the event an alternate fills a perma S e y i g j 23’ 1961 (26 F.R. 2451), year or until his successor is elected and nent vacancy on the county committee, qualified. At each annual election held he shall not thereby assume the unex 1962 o n 26 F,R- 5555), April 25, thereafter, one committeeman shall be FR 3911)’ July 21, 1962 (27 pired term of the committeeman he re 113i«n w ’ November 16, 1962 (27 F.R. elected to hold office for a term of three placed. An acting member of the county years or until his successor is elected committee shall have the same duties July li 11 1963 (28 F-R- 1979), and qualified, so that the term of office 1963 (?r (28 P‘R- 1067), August 10, and authority as a member. FR3 in«i^\R‘ 8239) * October 9, 1963 (28 of one committeeman will expire in each (b) Notwithstanding the provisions of FR’idQKi?’ and October 17, 1964 (29 year. There shall also be elected an paragraph (a) of this section, 1964 elec EstahilcWv.are further amended to: (1) nually a first alternate and second al tions not completed until 1965 shall be officp three-year staggered terms of ternate to serve as acting members in held under the regulations which the order elected in case of the tem governed 1964 elections. make aiir+v,C0unty committeemen; - (2) porary absence of a member or to be nity c S i f f members of the commu- § 7.1 3 T ie votes. ^hvenEiif® ,deJef^tes to the counts come a member in the order elected in tee- el.ec^ the county commit- the case of resignation, disqualification, Tie votes in community committee (3) limit to three the number oi removal, or death of any member of the elections may, at the discretion of the 3809 3810 RULES AND REGULATIONS county committee and with the consent a period of time fixed by the State com Wide Row Planting. The above rates of the contestants, be settled by lot. In mittee and at the place designated by may be reduced by not more than the in the county convention, tie votes shall be the county committee and elect county dicated percentages for the following broken by further balloting. Except in committeemen for the county. row spacings: 28 inches or more but less a one community county, if election is by Charles S . M urphy, than 31 inches, 20 percent; 31 inches or mail or polling place and there is a tie Acting Secretary^ more but less than 34 inches, 25 percent; vote by the three regular members de 34 inches or more, 30 percent. termining among themselves who shall M arch 18,1965. (iii) When employed on a piecework be chairman and who shall be vice [F.R. Doc. 65-3005; Filed, Mar. 23, 1965; basis for hand labor operations not speci chairman and such tie cannot be broken 8:48 a.m.] fied or defined; or for harvesting. The by further balloting on the same day, it piecework rate for any hand labor op shall be broken by lot. eration involving the removal of beets or Chapter VIII— Agricultural Stabiliza § 7.14 Vacancies, weeds which is not defined above, and tion and Conservation Service for the operations of Pulling, Topping, * * * * * (Sugar), Department of Agriculture Loading, or Gleaning shall be as agreed (e) [Deleted] upon between the producer and the SUBCHAPTER H— DETERMINATION OF E ligibility R equirements worker: Provided, That the average WAGE RATES hourly rate of earnings of each worker § 7.15 County committeemen, commu [Sugar Determination 862.5] for each operation shall be not less than nity committeemen, and delegates. $1.25 per hour computed on the basis of * *' * * * PART 862— WAGE RATES: the total time such worker is employed (j) If the office is that of delegate to SUGARBEETS on the farm for such operation. the county convention, not have been a Fair and Reasonable Wage Rates (iv) When employed on a time or county committeeman for that county piecework basis for other operations. during the 90 days preceding the com Pursuant to the provisions of section For all other operations in the produc munity election; 301(c) (1) of the Sugar Act of 1948, as tion, cultivation, or harvesting of sugar- Ik) If the office is that of county amended (herein referred to as “act”), beets for which no minimum rate Is pro committeeman, not be serving as a after investigation and consideration of vided for herein, the rate shall be as county committeeman with one or more the evidence obtained at the public hear agreed upon between the producer and years following the current election re ings held during December 1964, the fol the worker. maining in his term of office; lowing determination is hereby issued. (2) Compensable working time. For (l) If the office is that of county com § 862.5 Fair and reasonable wage rates work performed under subparagraph (1) mitteeman, not have served three con for persons employed in the produc of this paragraph, compensable working secutive terms as county committeeman tion, cultivation, or harvesting of time includes all time which the work- just prior to the current election: Pro sugarbeets. er spends in the performance of his duties vided, however, That any term which except time taken out for meals during began on or prior to January 1, 1965, (a) Requirements. A producer ofthe work day. Compensable working or any partial year served thereafter by sugarbeets shall be deemed to have com time commences at the time the worker is an alternate who filled a permanent va plied with the wage provisions of the act required to start work in the field and cancy on the county committee, shall if all persons employed on the farm in ends upon completion of work in the not count toward this three term limita the production, cultivation, or harvesting field. However, if the producer requires tion; and of sugarbeets shall have been paid in ac the operator of mechanical equipment, (m) The tenure of office of any county cordance with the following: driver of animals or any other class of committeeman, community committee (1) Wage rates. All such personsworker to report to a place other than man, delegate, or alternate to any such shall have been paid in full for all such the field, such as an assembly point, office, shall be terminated as soon as any work and shall have been paid wages in stable, tractor shed, etc., located on the such person becomes ineligible for office cash therefor at rates as agreed upon farm, the time spent in transit from such under the provisions of this section. between the producer and the worker, place to thè field and from the field to but not less than the following: such place is compensable working time. T erms of O ffice (i) When employed on a time basis. Any time spent in performing work di § 7.18 County and community commit For the hand labor operations of Trim rectly related to the principal work per teem en. ming, Hoeing, Hoe Trimming, Blocking formed by the worker, such as servicing The terms of office of county and com and Thinning, Weeding, Pulling, Top equipment, is compensable working time. munity committeemen and alternates to ping, Loading, or Gleaning: $1.25 per Time of the worker while being trans such office shall begin on the first day of hour: Provided, That for workers 14 to ported from a central recruiting po n the month next after their election: 16 years of age the hourly rata specified or labor camp to the farm is not com Provided, however, That before any such herein may be reduced by not more than pensable working time. county committeeman or alternate coun one-third. The act does not permit the (b) Workers not covered. The re ty committeeman may take office he employment of workers 14 to 16 years of quirements of this section are not ap shall sign a pledge that he will faith age for more than 8 hours per day with plicable to workers performing services fully, fairly, and honestly perform to the out deduction from Sugar Act payments. which are indirectly connected with best of his ability all of the dutiès devolv (ii) When employed on a piecework production, cultivation, or harvesting ^ ing on him as a committeeman. A term basis for the hand labor operations in sugarbeets, including but not Innned ’ of office shall continue until a successor the following table. mechanics, welders, and other ma has been elected and qualified as pro nance workers or repairmen. . vided in §§ 7.11 and 7.12. Hand Labor Operations Rate (c) Evidence of compliance. Eacn per acre producer subject to the provisions o § 7.19 Delegates to the county conven (A) Trimming—-r e m o v in g either section shall keep and preserve, tion. weeds or excess beets with a hoe only r . ______$10. 00 period of two years following the da % The terms of office of delegates and (B) Hoeing—removing weeds and ex which his application for a Suga alternates to the county convention shall cess beets with a hoe only____ 12.00 payment is filed, such wage r^ ° k r begin immediately upon their election (C) Hoe Trimming—removing weeds will fully demonstrate that each work and shall continue until their respective with a hoe and by hand and has been paid in full in accordance witn removing excess beets with a the requirements of this section, s u c c e s s o r s have been elected and hoe only.—...______14. 50 qualified. (D) Blocking and Thinning—remov producer shall furnish upon M g » * D uties ing weeds and excess beets the appropriate Agricultural S _ . § 7.24 Delegates to the county conven with a hoe and by hand_____ 20.00 tion and Conservation County may tion. (E) Weeding—removing weeds with such records or other ^ ld,efh reauire- a hoe and by hand following satisfy such Committee that the rea The delegates shall meet with other either (A ), (B ), (O) % or (D) delegates in a county convention within above______7. 50 ments of this section have been met. Wednesday, March 24, 1965 FEDERAL REGISTER 3811 (d) Subterfuge. The producer shall tary shall take into consideration the been enhanced by the use of these im not reduce the wage rates to workers standards therefor formerly established proved methods. Man-hour require below those determined herein through by him under the Agricultural Adjust ments for the several hand operations any subterfuge or device whatsoever. ment Act, as amended (i.e., cost of living, tended, on average, to become more uni (e) Claim for unpaid wages. Any per prices of sugar and by-products, income form where improved methods of pro son who believes he has not been paid from sugarbeets and cost of produce duction were used. in accordance with this section may file tion), and the differences in conditions Prior wage determinations have estab a wage claim with the Agricultural Stabi among the various sugar producing areas. lished piecework rate structures respon lization and Conservation Service County (c) Wage determination. This detersive to the changed hand labor require Office against the producer on whose mination increases the minimum hourly ments of the industry. Under the rate farm the work was performed. Detailed wage rate for specified hand labor opera requirements of these determinations instructions and wage claim forms are tions 10 cents—from $1.15 to $1.25 per producers who fuHy utilized the most ef available .at the County ASCS Office. hour; establishes uniform piecework fective production methods have had the Such claim must be filed within two years rates for hand labor operations instead opportunity to reduce labor costs, but from the date the work with respect to of different rates for separate wage dis workers have been the prime benefici which the claim is made was performed. tricts; increases the piecework rates per aries of technological gains. This de Upon receipt of a wage claim the County acre for all but one of the several opera termination recognizes further recent ASCS Office shall thereupon notify the tions in amounts ranging up to $1.25 per improvements in the use of monogerm producer against whom the claim is made .acre; provides an additional piecework seed and chemical weed control by pro concerning the representation made by rate for the operation of “Trimming”; viding a piecework rate for “Trimming— the worker. The County ASC Commit and eliminates the provision for “agreed removing either weeds or excess beets tee shall arrange for such investigation upon” piecework rates for designated with a hoe only.” This rate may be as it deems necessary and the producer pre-harvest hand labor operations for used as a first hand labor operation pri and worker shall be notified in writing merly applicable to California, Arizona, marily on fields where the application of its recommendations for settlement of and Nevada. Other provisions of the of chemical weedicides and mechaniza the claim. If either party is not satis prior determination, effective April 3, tion have eliminated weeds and suffici fied with the' recommended settlement, 1964, continue unchanged. ently reduced beet stands so that hand an appeal may be made to the State A comparison of the piecework rates labor is required only for the removal of Agricultural Stabilization and Conser for hand labor operations provided in the excess beets, or is required only to re vation Service Office. The address of the prior determination and for the same move weeds. In some instances, such an State ASCS Office will be furnished by operations in this determination follows: operation will be the only hand labor per the local County ASCS Office. Upon re formed on the sugarbeet crop. The in ceipt of the appeal the State ASC Com Current clusion of this new piecework rate will mittee shall likewise consider the facts Prior determination deter provide an incentive to producers to per mina and notify the producer and worker in tion form those practices necessary for ef writing of its recommendations for Operation ficient and effective use of labor and re settlement of the claim. If the recom Wage districts» duce hand labor costs per acre. mendation of the State ASC Committee All Available reports and other evidence is not acceptable, either party may file States» show that sugarbeet producers in most an appeal with the Deputy Administra I II III regions have paid wage rates in excess tor, State and County Operations, Agri of the minimum rates specified in prior cultural Stabilization and Conservation Rates %er aere determinations. Such higher rates have Service, U.S. Department of Agriculture, Hoeing------$11.00 $11.50 $11.00 $12.00 been the result of competition for labor, Washington, D.C., 20250. All such ap Hoe-trimming_____ 13.25 13.75 13.25 14.50 poor field conditions, and other factors. Blocking and thin peals shall be filed within 15 days after ning------18.75 19.25 18.75 20.00 The minimum rate for “Weeding” is receipt of the recommended settlement Weeding______6.75 7.25 »8.75 7.50 lower than that established for Washing of the respective committee, otherwise ton, Oregon, western Idaho, and western such recommended settlement will be 1 Wage District I included Illinois, Indiana, Iowa, Montana for 1964. Producers in these Michigan, Minnesota, North Dakota (eastern), Ohio, applied in making payments under the and any other States not specified in Wage Districts II regions customarily have paid well in a^ ‘ a c^a^n is appealed to the Deputy excess of the national average rate be Wage District II included Colorado, Idaho (southern Administrator, State and County Oper and eastern), Kansas, Montana (except western), Ne cause of weedy fields or to retain workers ations his decision shall be binding on braska, Oklahoma, New Mexico, North Dakota for this operation. Premium rates will ail parties insofar as payments under the (western), South Dakota, Texas, Utah, and Wyoming. continue until such time as weed growth Wage District III included Idaho (western), Montana J 1 are concerned. Appeals procedures (western), Oregon, and Washington. is brought under control and labor re von , J orth and explained fully in Part 2 Including California, Arizona, and Nevada for which quirements reduced. piecework rates were not foriherly established. <8° 01 this Chapter (29 F.R. 8200). 3 The rate for “Weeding” in this district reflected an Hourly earnings of workers employed incentive to retain workers for this operation and work on piecework, the usual basis of payment Statement op Bases and Considerations requirements due to excessive weed growth. in most regions, are highly variable due Preneral- The foregoing deter During the past decade the sugarbeet to differences in cultural practices, con mination provides fair and reasonable industry has developed new techniques dition of the fields, timeliness of work, age rates to be paid for work performed and efficiencies of production to meet in and the age, crew composition, ability, emPloyed on the farm in the creasing competition for workers and to and willingness of the persons employed. cuttivation, or harvesting of reduce labor costs. Substantial progress It is estimated that earnings of qualified whinihH.8'8 one of the conditions with has been made through improvements in domestic workers employed at the piece bln f producers must comply to be eligi- tilling, planting, cultivation, and har work rates provided in this determination ih? £ayments under the act. vesting operations. will average about $1.35 per hour. Testi stavL.Iquirements °f the act and Although the methods followed dif mony at hearings and information from of thn emVl°yed. Section 301(c) (1) fered among the several regions of the other sources indicate that workers ob DlovS act ™quires that all persons em- sugarbeet area—including controlled tain about six weeks work in the sugar- cultivat-111 the farm in the production, seed bed preparation, precision planting beet crop and average about 15 acres With ha-rvesting of sugarbeets of monogerm seed, use of various stand- per worker. Both hourly and seasonal p a v ^ i* * which an application for reduction devices, application of chemi earnings of beet workers will be in full fnv 1f1made> shall have been paid in cal weedicides, and changes in methods creased through more intensive use of beennaiH11 Such work> and shall have of performing hand labor operations— improved cultural practices. than tJc.WaJEes therefor at rates not less all regions have experienced significant In recent years the sugarbeet hand the S,e ^ a t may be determined by gains in labor productivity. These gains labor force in many regions had included after irfe^a,ry he fair and reasonable have been made, in large part, by sub large numbers of Mexican Nationals opDnrtn«^iga^ on and due n°tice and stituting equipment, material, and op brought into this country for temporary makiriffmty, for Public hearing; and in erating costs for labor costs. The hourly agricultural work. Public Law 78, which ng such determination the Secre and seasonal earnings of workers have authorized the entry of such workers, ex- 3812 RULES AND REGULATIONS pired on December 31,1964. The United work rates should be subject to a specific tion. The problem before the Board States Department of Labor has issued hourly earnings guarantee; and pointed does not arise unless he chooses to apply regulations establishing the standards out that workers must travel great dis by mail. which producers of farm commodities tances to obtain employment; and that (b) Under the plan submitted, the must meet before consideration will be employment in beets is limited to a borrower completes the following state given to any further recruitment of for period of about 4 to 6 weeks. ment on the application form: eign workers under other statutes. As a Consideration has been given to the I/W e state th a t this loan is for the follow result there will be more intensive com recommendations made at the public ing purpose (described briefly): ______petition for the employment of domestic hearings, to the returns, costs, and workers. In some regions recruitment profits of producing sugarbeets in recent and that it is not for the purpose of purchas of labor is more difficult than in others years and under conditions likely to pre ing or carrying m utual fund shares or any because of travel distance, other employ vail for the 1965 crop, and to other perti securities registered on a national securities ment opportunities, and similar con nent factors. Analysis of these data exchange. siderations. indicates that producers, on average, Part 221, of course, limits the amount a In view of past and prospective changes have realized a profit from the produc bank may lend against collateral con in production practices and the emphasis tion of sugarbeets due largely to cost sisting of stock, where the loan is “di on recruitment of domestic labor, and stabilization resulting from more efficient rectly or indirectly” for the purpose of to provide minimum wage standards fair production practices. In light of this purchasing or carrying stocks registered to botji producers and workers, it is analysis, the increase in the minimum on a national securities exchange (so- deemed equitable to establish a uniform rates established in this determination called “purpose loan”), and places upon piecework rate scale applicable to all is considered to be fair and reasonable the bank the responsibility for taking sugarbeet producing States. and is within the producer’s ability to appropriate action to determine the Public hearings were held in Yakima, pay. actual purpose of a proposed loan. Wash.; Fargo, N. Dak.; Detroit, Mich.; Accordingly, I hereby find and con (c) Mutual fund shares are “stock” Auburn, N.Y.; Stockton, Calif.; San clude that the foregoing wage determi for purposes of Part 221 and under § 221.- Antonio, Tex.; and McAllen, Tex., during nation will effectuate the wage provisions 3(b)(2) shares issued by many such the period December 4 through December of the Sugar Act of 1948, as amended. funds are deemed to be registered stocks. 18,1964. These hearings afforded inter (Sec. 403, 61 Stat. 932; 7 TJ.S.C. 1153. Inter Consequently, the loans are secured by ested persons an opportunity to present prets or applies Sec. 301, 61 Stat. 929, as stock, and are purpose loans if they are testimony and make recommendations amended; 7 U.S.G. 1132) for the purpose of purchasing such mu relating to fair and reasonable wage rates tual fund shares (or other registered for work performed by sugarbeet field- (The recordkeeping and reporting re stocks). At present, a bank may lend workers. A summary of the pertinent quirements of these regulations have no more than 30 percent of the current testimony presented at these hearings been approved by, and subsequent rec market value of stock collateral if the is attached as Exhibit A.1 ordkeeping and reporting requirements loan is a purpose loan, so that the reg Generally, representatives of producers will be subject to the approval of the ulation would forbid the making of a loan recommended that there be no increase Bureau of the Budget in accordance with under the plan if, despite the borrower s in minimum wage rates—in some regions the Federal Reports Act of 1942.) statement to the contrary, the bank it was recommended that rates be re Effective date. This determination should have known that it was really a duced. Several producer representatives shall become effective on April 5, 1965, purpose loan. , recommended that the operation of and shall remain in effect until amended, (d) Section 221.3(a) permits a bans; “Weeding” be classified as a first hand superseded, or terminated. to rely on a statement by the borrower labor operation to be used in fields where as to the purpose of a loan intensive hand work was not needed, Signed at Washington, D.C., on March 18, 1965. * * * only if such statement (1) is signed and others recommended a provision re by the borrower; (2) is accepted in good garding quality of work. Witnesses Charles S. M urphy, faith and signed by an officer of the banK as representing California growers recom Acting Secretary. having been so accepted; * * * mended an hourly rate of $1.05, and the [F.R. Doc. 65-2991; Filed, Mar. 23, 1965; establishment of specific piecework rates 8:47 a.m.] id explains that ranging from $8.00 to $17.00 per acre ro accept the statement in good faith, depending on the type of hand labor e officer m ust be alert to the circumst rrounding the loan and the borrowe performed. Witnesses justified their jst have no Information which would P recommendations on the basis that re Title 12— BANKS AND BANKING orudent man upon inquiry and if invest! turns from sugarbeets are declining while Chapter II— Federal Reserve System ted with reasonable diligence wouid lead labor and other costs are increasing; and the discovery of the falsity of the state that improved cultural practices by pro SUBCHAPTER A— BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM snt. ducers have made the hand labor work (e) The bank’s manual of instructions easier. [Reg. U] Representatives of workers appearing its employees with respect to this p at the California hearing testified that a PART 221— LOANS BY BANKS FOR dicates precautions which are PURPOSE OF PURCHASING OR ken in attempting to ensure that minimum hourly rate of $2.00 Was neces itement can be accepted hr good1 • sary in order to give a worker the mini CARRYING REGISTERED STOCKS ,r example, if a check is to ^ mailed mum annual wage on which he could subsist; that the average annual income Loans on Security of Mutual Fund the borrower in care of a brok for all farm workers in 1962 was $1,355; Shares aler, a purpose statement may lred from the latter. dated that California factory workers in 1964 § 221.115 Loans by mail on security of nk as collateral of a certffic ^ averaged $2.96 per hour, and sugarbeet mutual fund shares. factory workers $2,71, and, in addition, ortly before the loan apphcati iry factory workers received substantial (a) The Board of Governors has been dicate the need for further fringe benefits; that current minimum asked whether a bank can accept in good :peated loan applications w loans faith, within the meaning of § 221.3(a), tes dated subsequent to pno & wages for sugarbeet fieldworkers are >uld also suggest the possibility $1.15 per hour with few fringe benefits; “nonpurpose” statements submitted by and that the expansion of sugarbeet acre mail in connection with a widely pub >l£ition. arc age and entry of new firms is evidence licized plan under which the bank offers
/ Wednesday, March 24, 1965 FEDERAL REGISTER 3813 the officer could become aware of cir the officer to make a judgment on this 1. In § 71.165 (29 F.R. 17557) the cumstances that might indicate a need point. The existence of this question, Edenton, N.C., control area extension is for further investigation. While no pre however, provides an additional reason revoked. cautions can completely eliminate error why a personal interview is advisable in 2. Section 71.181 (29 F.R. 17643) is or evasion, the Board believes there is no the case of a loan against mutual fund amended by adding the Edenton, N.C., satisfactory substitute for a face-to-face- shares, if the bank is to make a reliable transition area as follows: meeting between borrower and lending determination as to whether or not the Edenton, N.C. officer in developing information as to loan is a purpose loan and subject to That airspace extending upward from 700 the purpose of a loan. Part 221 makes Part 221. feet above the surface within a 5-mile ra the officer responsible for determining (15 U.S.C. 78g. Interprets or applies 15 U.S.C. dius of the Edenton Municipal Airport (lati the purpose of a loan, and it is difficult 78g(d)) tude 36°Q1'30” N., longitude 76[33'30” W.); to see how he can discharge this respon within 2 miles each side of a line bearing sibility, particularly when numerous B oard of G overnors of the 337° from latitude 36°05'00" N., longitude loans are made on a uniform basis, with F ederal R eserve System , 76°36'00” W., extending, from the 5-mile out an opportunity to question the cus t seal ] M erritt S herman, radius area to 8 miles NW of latitude 36°05'- tomer. In addition, a customer rela Secretary. 00” N., longitude 76°36'00” W.; including tionship, or the possibility that such a [F.R. Doc. 65-2968; Filed, Mar. 23, 1965; that airspace extending upward from 1,200 8:45 a.m.] feet above the surface bounded on the N by relationship may arise in the future, the arc of a 55-mile radius circle centered tends to put both customer and loan offi at latitude 36°57'44” N., longitude 76°24'44” cer on a more realistic footing in respect W., on the E by longitude 76°30'00” W., on to Part 221. the S by the arc of a 60-mile radius circle (g) While it is true that not all stock- Title 14-AERONAUTICS AND centered at latitude 34°54'30” N., longitude secured loans involve personal interviews 76°53'00” W., and on the W by the E bound between borrowers and loan officers, or a SPACE - ary of V-229; within 5 miles each side of the customer relationship, these do obtain Elizabeth City VOR 244° radial extending Chapter j— Federal Aviation Agency from longitude 76°30'00” W. to the arc of in the normal case. Loans made by mail a 55-mile radius circle centered at latitude under the plan put into operation by the SUBCHAPTER E— AIRSPACE 36°57'44” N., longitude 76°24'44” W. bank would tend to create a new class of [Airspace Docket No. 64-SO—59] stock-secured loan, to be made in rela (Sec. 307(a), Federal Aviation Act of 1958; tively small amount for each loan, and PART 71— DESIGNATION OF FEDERAL 49 U.S.C. 1348(a)) potentially made in large numbers, so AIRWAYS, CONTROLLED AIRSPACE, Issued in East Point, Ga., on March 15, ''that the absence of these safeguards AND REPORTING POINTS 1965. would be especially likely to result in the P aul H. Boatman, ' making of “purpose” loans that exceeded Revocation of Control Area Extension Acting Director, Southern Region. the permissible amount. Accordingly, and Designation of Transition Area [F.R. Doc. 65-2969; Filed, Mar. 23, 1965; the Board does not believe that a purpose 8:45 am .] statement submitted by mail in connec On December 11,1964, a notice of pro tion with a plan of this kind can satisfy posed rule making was published in the the requirements of § 221.3 (a). F ederal R egister (29 F.R. 16994) stat [Airspace Docket No. 64-CE-41] (h) Another problem that may arise ing that the Federal Aviation Agency under the plan remains to be discussed. proposed to revoke the control area ex PART 71— DESIGNATION OF FEDERAL In § 221.114, the Board held that certain tension and designate a transition area AIRWAYS, CONTROLLED AIRSPACE, loans to be made by a bank against stock in the vicinity of Edenton, North Caro AND REPORTING POINTS °t American Telephone & Telegraph Co., lina. Based upon comments received although earmarked for “living ex from the Air Transport Association of Alteration of Control Zone and America concerning the inadequacy of Transition Area penses”, must be "considered to be pur the proposed transition area, a supple pose loans where the borrower was On September 1, 1964, a notice of pro simultaneously purchasing additional mental notice of proposed rule making was published in the F ederal R egister posed rule making was published in the snares under an employee stock pur F ederal R egister (29 F.R. 12479) stat chase plan, and the loans were to be (30 F.R. 1258) on February 5, 1965, al tering the proposal by enlarging the pro ing that the Federal Aviation Agency f®are» the am<>unt of the monthly proposed to alter the control zone and Installment payment required. The posed 1,200-foot transition area. The supplemental notice of proposed transition area at Green Bay, Wis. On g®”} Pointed out that payroll deduc- rule making described the proposed ad January 6, 1965, a supplemental notice finance purchases under the plan ditional area, in part, as “the arc of a of proposed rule making was published daw ”e ^ kigh -as 38 percent of base circle centered at latitude 36°57'44" N., in the F ederal R egister (30 F.R. 96) w and a 1&rger percentage of “take- longitude 76°24'44" W.” The radius of stating that the Federal Aviation Agency ™ ?ar . and that deductions of this the circle, 55 miles, was inadvertently proposed to alter the transition area at ra+f111* e are *n excess of the savings omitted; however, the chart accompany Appleton, Wis., and to realter the transi n°T many employees. tion area at Green Bay, Wis. t *1 ft may be asked whether this in- ing the supplemental notice depicted the proposed area correctly and “the Interested persons were afforded an tha k a,tlon applies to loans made by arc of a 55-mile circle centered at lati opportunity to participate in the rule bon-J^ Pnder the present plan, if the making through submission of comments. Is simultaneously purchasing tude 36°57'44' N., longitude 76°24'44'' mutual fund shares under a periodic W.” was stated in the description of the All comments received were favorable. original proposal. Since the omission of Since publication of the supplemental mav p*an’ regardless of the use he the radius mileage in the narrative de Tha -r a^ v actual proceeds of the loan. notice, the Federal Aviation Agency has 5 291 i^ rd Relieves that the principle of scription of the proposal is minor in na learned that the privately owned radio is nhvi« apply where a purchaser ture and imposes no additional burden beacon on the old Outagamie County can buying more stock than he on any person, notice and public proce Airport, Appleton, Wis., will not be re dure hereon are unnecessary. Action is located at the new Outagamie Airport. wheraTJy jUt of current income, or taken herein to correct the description of Da °an disbursements are geared to the transition area. In view of this development, there is no 2 E S under such a purchase plan, Interested persons were afforded an longer any requirement to redesignate should CaSeS’the lending bank opportunity to participate in the rule the Appleton, Wis., transition area. Con (ii cj5vfat . e loan as a regulated loan, making through submission of com sequently, no airspace action will be tained w t “formation normally ob- taken herein to amend the Appleton, Whetha/^endlng °fficers would reveal ments. All comments received were fa stock borrower was purchasing vorable. Wis., transition area. the nurphQ1' su°b a plan, and whether In consideration of the foregoing, Part In consideration of the foregoing, Part the bnvT'«fSes» were disproportionate to 71 of the Federal Aviation Regulations 71 of the Federal Aviation Regulations is te m tu r ^ el SJ ncome and other ex- is amended, effective 0001 e.s.t., May 27, amended effective 0001 e.s.t., May 27, . it should not be difficult for 1065, as hereinafter set forth. 1965, as hereinafter set forth: No. 56___o 3814 RULES AMD REGULATIONS
(1) In §71.171 (29 F.R. 17581) the recting a typographical error, was pub S t. J oseph, Missouri Green Bay, Wis., control zone is amended lished in the F ederal R egister (30 F.R. That airspace extending upward from 700 to read: 589). feet above the surface within an 8-mile Green B at, Wis . Interested persons were afforded an radius of the Rosecrans Memorial Airport Within a 5-mile radius of Austin-Straubel opportunity to participate in the rule (latitude 39°46'23" N., longitude 94°54'31" Airport, Green Bay, Wis. (latitude 44°29'15" making through submission of com W.) ; and within 5 miles E and 8 miles W of N., longitude 88°07'45" W.); within 2 miles ments. All comments received were the SK Joseph ILS localizer S course, extend each side of the Green Bay VORTAC 146° favorable. ing from the 8-mile radius area to 12 miles radial extending from the 5-mile radius zone S of the OM; and th at airspace extending to the VORTAC; and within 2 miles each side In consideration of the foregoing, Part upward from 1200 feet above the surface of the Green Bay ILS localizer SW course 71 of the Federal Aviation Regulations bounded by a line extending from the INT extending from the 5-mile radius zone to the is amended effective 0001 e.s.t., May 27, of the S boundary of V-216 and the W bound OM. 1965, as hereinafter set forth: ary of V—13 SW along the W boundary of (1) In § 71.171 (29 F.R. 17581) the V-13 to latitude 39°42'25" N., longitude 94°- (2) § 71.181 (29 F.R. 17643) the Green Omaha, Nebraska .(Eppley Field) con 29'20" W.; thence W to latitude 39°44'00" Bay, Wis., transition area is amended to N„ longitude 94°43'20" W.; thence S to lati read: trol zone and the Omaha, Nebraska (Of- tude 39°30'00" N., longitude 94°49'00" W.; Green B at, Wis . futt AFB) control zone are amended as thence W along latitude 39°30'00" N. to follows: longitude 95;°09'00" W.; thence N along That airspace extending upward from 700 Omaha, Nebraska (Eppley F ield) longitude 95°09'00" W. to the arc of a 20- feet above the surface within a 6-mile radius mile radius circle centered on the Rosecrans of Austin-Straubel Airport, Green Bay, Wis. Within a 5-mile radius of Eppley Field Memorial Airport; thence clockwise along (latitude 44°29'15" N., longitude 88°07'45" (latitude 41°18'00" N., longitude 95°53'35" this arc to the W boundary of V-205; thence W.), within 2 miles each side of the Green W.); and within 2 miles each side of the N along the W boundary of V-205 to the S Bay VORTAC 326° radial, extending from the Eppley Field ILS localizer NW course extend boundary of V-216; thence E along the S 6-mile radius area to 8 miles .NW of the ing from the 5-mile radius zone to 8 miles boundary of V-216 to point of beginning: VORTAC, and within 2 miles each side of NW of the OM; and within 2 miles each side and that airspace N of St. Joseph bounded on the Green Bay ILS localizer SW and NE of the Eppley^Field ILS localizer SE course the E by a line 5 miles NE of and parallel courses, extending from 8 miles SW to 21 extending fronk the 5-mile radius zone to to the Neola, Iowa VORTAC 142° radial, on miles NE of the OM; and that airspace ex 7 miles SE of the airport; and within 2 miles the S by V-216 and on the W by longitude tending upward freon 1,200 feet above the each side of the Omaha VORTAC 318° radial 95°00'00" W. surface bounded by a line beginning at lati extending from the 5-mile radius zone to a tude 44°32'00" N., longitude 87°44'30" W.; point 7 miles SE of the airport. (4) In § 71.165 (29 F.R. 17557) the thence to latitude 44°32'00" N„ longitude Omaha, Nebr., control area extension is 87°27'00" W.; thence south along longitude Omaha, N ebraska (O ffutt AFB) revoked in its entirety. 87°27'00" W. to latitude 44°08'00" N.; thence Within a 5-mile radius of Offutt AFB (lati (Sec. 307(a), Federal Aviation Act of 1958, to latitude 44°02'00" N., longitude 87°40'00" tude 41°07'24" N., longitude 95°54'52" W.) ; W.; thence west along latitude 44°02'00" N. and within 2 miles each side of the Offutt 49 U.S.C. 1348) to the west boundary of V-217; thence north TACAN 308° radial extending from the 5- Issued in Kansas City, Mo., on March west along the west boundary of V-217 to mile radius zone to 7 miles NW of the 12,1965. latitude 44°12'00'' N.; thence west along TACAN; and within 2 miles each side of the latitude 44°12'00" N. to longitude 88°25'30'' H enry L. Newman, Offutt VOR 311° radial extending from the Acting Director, Centrai Region. W.; thence counterclockwise along an arc of 5-mile radius zone to a point 10 miles SE of a 16-mile radius circle centered on Winne Offutt AFB. [F.R. Doc. 65-2971; Filed, Mar. 23, 1965; bago County Airport, Oshkosh, Wis (latitude. 8:45 am.] 43°59'20" N., longitude 88°33'15'' W.) to lon (2) In § 71.181 (29 F.R. 17643) the gitude 88°49'00" . W.; thence ’northeast to following transition area is added: latitude 44°27W' N., longitude 88°42'00" [Airspace Docket No. 65-SW-6] Omaha, Nebraska W.; thence northeast to latitude 44°31'32'' PART 71— DESIGNATION OF FEDERAL N., longitude 88 °28'45" W.; thence clockwise That airspace extending upward from 700 AIRWAYS, CONTROLLED AIRSPACE along the arc of an 18-mile radius circle feet above the surface within a 10-mile centered on Austin-Straubel Airport to the radius of Eppley Field (latitude 41<>18'00'' N., AND REPORTING POINTS east edge of V-7; thence northeast along the longitude 95°53'35" W.); and within 2 miles east edge of V-7 to intersect an arc of a 20- each side of the Omaha VORTAC 318° radial Alteration of Control Zones mile radius circle centered on Austin- extending from the 10-mile radius area SE to The purpose of this amendment to Part Straubel Airport; thence clockwise along the the VORTAC; and within 2 miles each side of 20-mile radius arc to the point of beginning. 71 of the Federal Aviation Regulations the Eppley Field ILS localizer SE course ex is to alter the descriptions of the Dallas, (Sec. 307(a), Federal Aviation Act of 1958; tending from the 10-mile radius area to 15 49 U.S.C. 1348) miles SE of the airport; and within 5 miles Tex., and Fort Worth, T ex ., (Greater NE and 8 miles SW of the Eppley Field ILS Southwest International Airport, Dai Issued in Kansas City, Mo., on March localizer NW course extending from the 10- Fort Worth Field) control zones. 12,1965. mile radius area to a point 12 miles NW of Each of these control zones are des H enry L. Newman, the OM; and within a 10-mile radius of Of ignated, in part, with reference to tne Acting Director, Central Region. futt AFB (latitude 41°07'24" N., longitude Dallas, Tex., radio beacon which will oe {F.R. Doc. 65-2970; Filed, Mar. 23, 1965; 95°54'52" W.); and within 6 miles NE and decommissioned on or about Apr _ > 8 miles SW of the Offutt VOR 309° and 129° to deie 8:45 a.m.] radiais extending from the 10-mile radius 1965. Action is taken herein area to a point 12 miles SE of the Offutt reference to the Dallas radio beac VOR; and within 2 miles each side of the the descriptions of these nse(j [Airspace Docket No. 64r-CE-90] Offutt TACAN 308° radial extending from the This action will not alter the P£°P. PART 71— DESIGNATION OF FEDERAL 10-mile radius area tct a point 8 miles NW airspace for Dallas or Fort Wort , of the TACAN; and that airspace extending as outlined in Docket No. 63-SW-8 . AIRWAYS, CONTROLLED AIRSPACE, upward from 1200 feet above the surface Since this amendment imposes no AND REPORTING POINTS within the area beginning SE of Omaha at ditional burden on any person, notice an the N edge of V-216 and longitude 95°00'00" public procedures hereon are unneces Alteration of Control Zone, Alteration W.; thence N along longitude 95°00'00" W. to sary and the amendment may JJ* and ''Designation of Transition and E along the N edge of V-6, to and N along longitude 94°42'00" W., to and W effective upon publication m tn Areas, and Revocation of Control along 1;he S edge of V—172, to and N along eral R egister. , Area Extension longitude 95°18'00" W., to and W along In consideration of latitude 41°43'00" N„ to and S along longi Part 71 of the Federal Aviation On January 8, 1965, a notice of pro tude 96°25'00" W<, to and E along latitude tions is amended, effective UP° . posed rule making was published in the 41°30'00'' W., to and S along longitude 96*- of publication of this am®n(^ fter Set F ederal R egister (30 F.R. 226) stating 23'00" W., to and E along the N edge of V- F ederal R egister, as hereinafter that the Federal Aviation Agency pro 216 to the point of beginnin g, posed to alter the controlled airspace in (3) In § 71.181 (29 R.R. 17643) the St. ' T i n S 71.171 (20 FS. the vicinity of Omaha, Nebr. On Jan Joseph, Mo., transition area is amended las, Tex., control zone is amended w uary 16, 1965, a correction notice, cor-' as follows: Wednesday, M arch 24, 1965 i FEDERAL REGISTER 3815
Dallas, Tex. porting point for flights operating on Action is taken herein to correct these VOR Federal airways Nos. 5; 51, and 819. technical errors by editorial amendments Within a 5-mile radius of Love Field, Dal Flights operating eastbound and west to the Goldsboro, N.C., transition area. las, Tex., (latitude 32°51'00" N., longitude Since these amendments are clarifying 96°50'50'' W.) ; within a 5-mile radius of Ad bound on VOR Federal airway No. 154 dison Airport, Dallas, Tex.; within 2 miles are not required to report passing Dublin. in nature and impose no additional bur either side of the Love Field ILS localizer SE The recent realignment of V-5 and V- den on any person, notice and public course, extending from the 5-mile radius 51 over Dublin has increased the volume procedure hereon are unnecessary, and zone to 7 miles SE of the localizer; within of traffic at this point. Because of this the amendments may become effective 2 miles either side of a 185° bearing from and the fact that the Atlanta Center low immediately. latitude 32°49;04” N., longitude 96°51'31” altitude radar coverage at Dublin is com In consideration of the foregoing, Part W., extending from the Love Field 5-mile paratively poor, the Dublin VOR is desig 71 of the Federal Aviation Regulations is radius zone to the Duncanville RBN; and the airspace NW of Love Field bounded by a nated, herein, as a compulsory reporting amended, effective upon publication in line extending from latitude 32°49'40'' N., point for all related airways in all direc the F ederal R egister, as hereinafter set longitude 96°55'45'' W.; to latitude 32°53'15” tions. forth. N., longitude 96°59'35” W.; to latitude 32°- Since this amendment is essentially In § 71.181, the Goldsboro, N.C., transi 54'40" N., longitude 96°57'45'' W.; through procedural and minor in nature, notice tion area (29 F.R. 15945) is amended by latitude 32°56'55” N., longitude 96°55"15" W. and public procedure hereon are unnec deleting “* * * thence SW along the W 2. In § 71.171 (29 F.R. 17601) the Fort essary. boundary of V-1W and V-213 to the S Worth, Tex. (Greater Southwest Inter In consideration of the foregoing, Part boundary of V-525, on the S by the S national Airport, Dallas-Fort Worth 71 of the Federal Aviation Regulations is boundary of V-525 * * *” and substi Field), control zone is amended to read; amended, effective 0001 e.s.t., May 27, tuting therefor “* * * thence SW 4 NM 1965, as hereinafter set forth. NW of and parallel to the direct radials Four Worth, Tex. (Greater S outhwest In § 71.203 (29 F.R. 17711), the Dublin, between the Myrtle Beach, S.C., VOR and International Airport, D allas-F ort Ga., domestic low altitude reporting the Kingston, N.C., VOR to 4 NM south Worth Field) ... ' point is amended by deleting “ : V-5E, of the Fayetteville, N.C., VOR 098° ra That airspace within a 5-mile radius of V-267.” dial, on the S by a line 4 NM S of and Meacham Field, Fort Worth, Tex. (latitude parallel to the Fayetteville, N.C., VOR, 32’49'00" N., longitude 97°21'35" W.); with (Sec. 307(a), Federal Aviation Act of 1958; 49 U.S.G. 1348) 098° radial * * and by deleting in 2 miles each side of the 183 ° bearing from “* * * 2,700 feet MSL bounded on the the Fort Worth RBN extending from the , Issued in Washington, D.C. on March 5-mile radius zone to the INT of the 255° N by the S boundary of V-525, * * *” bearing from latitude 32o49'04” N., longitude 16,1965. and substituting therefor “* * * 2,700 96°51'31'' W.; the airspace bounded on the D aniel E. B arrow, feet MSL bounded on the N by a line 4 E by a line 2 miles E of and parallel to a line Chief, Airspace Regulations NM S of and parallel to the Fayetteville, extending from the center of Meacham Field and Procedures Division. N.C., VOR 090° radial, * * through latitude 32°58'24" N., longitude [F.R. Doc. 65-2973; Filed, Mar. 23, 1965; 9719'42" W., on the N by latitude 32°59'45” 8:45 a.m,] (Sec. 307(a), Federal Aivation Act of 1958; N., and on the W by the Fort Worth (Carswell 49 U.S.C. 1348(a)) AFB) control zone; within 3 miles each side Issued in East Point, Ga., on March 16, of a line extending from the center of Dallas- [Airspace Docket No. 65—SO-17] Fort Worth Field (latitude 32°49'35" N., 1965. longitude 97°02'45" W.) to the center of PART 71 — DESIGNATION OF FEDERAL P aul H. B oatman, Meacham Field and the airspace bounded by AIRWAYS, CONTROLLED AIRSPACE, Acting Director, Southern Region. aline extending from latitude 32°52'07" N., longitude 97°08'50'' W., to latitude 32°56'30" AND REPORTING POINTS [F.R. Doc. 65-2974; Filed, Mar. 23, 1965; «..longitude 97°03'10" W., to latitude 32°- 8:45 a.m.] 49 40” N., longitude 96°55'45'' W., thence ex Alteration of Transition Area tending along and bounded on the E by the The current designation of the Golds «boundary of the Dallas, Tex. (Love Field), control zone to latitude 32639'35" N., longi boro, N.C., transition area reads in part: Title 21— FOOD AND DRUGS tude 96°54'15” W., to latitude 32°39'00” N., “* * * including that airspace extend longitude 96°54'20'' W., to latitude 32°39'00'' ing upward from 1,200 feet above the sur Chapter I— Food and Drug Adminis di’'ftA itUde 97°02'1 0 "W „ to latitude 32°- face bounded * * * on the E by a line lonSitude 97°08'30'' W., to latitude extending along the W boundary of V-l tration, Department of Health, Edu : 20" N-. longitude 97°06'05'' W., thence until intercepting an arc of a 15-mile cation, and Welfare ocXwise along a 5-mile radius circle cen- radius circle centered at the Kinston SUBCHAPTER B— FOOD AND FOOD PRODUCTS Dallas-Fort Worth Field to latitude VOR, thence clockwise along the 15-mile “ 47 04” N., longitude 97°06'58” W. radius circle to the W boundary of V-1W, PART 121— FOOD ADDITIVES ion'c3J27^a)’ Fe^eral Aviation Act of 1958; thence SW along the W boundary of V- 49Ü.S.C. 1348) 1W and V-213 to the S boundary of V- Subpart D— Food Additives Permitted 525, on the S by the S boundary of in Food for Human Consumption 15^1965^ ^ F°r^ Worth, Texas on March V-525, * * *” and “* * * including that Natural F lavoring S ubstances and Nat airspace extending upward from 2,700 ural S ubstances U sed in Con junction Archie W. L eague, feet MSL bounded on the N by the S W it h F lavors Director, Southwest Region. boundary of V-525, * * [FR. Doc. 65-2972; Filed, Mar. 23, 1965; In describing this transition area, the Comments received subsequent to the 8:45 a.m.] Agency failed to take into account the notice of proposed rulemaking in the 4.5° width spread of V-213 in the vicinity above-identified matter, published in the of the Wallace, N.C., Intersection. The F ederal R egister of June 9,1964 (29 F.R. [Airspace Docket No. 65-WA-17] , spread of the western boundary of V-213 7427), were instrumental in omitting is such that it does not meet the western from the effective order of January 30, PAim » lr DES,GNAT«ON OF FEDERi boundary of V-1W. Thus, part of the 1965 (30 F.R. 992), a number of natural AN^i?S' CONTROLLED airspac description of the eastern boundary of flavoring substances. The comments and reporting points the Goldsboro, N.C., 1,200-foot transition have now been fully evaluated and the area is technically incorrect. Commissioner of Food and Drugs has Designation of Reporting Point Furthermore, V-525 is designated to concluded that the omitted substances exclude the airspace below 2,500 feet can be safely used in food, with the ex 71^ ' t ? ^ ose of this amendment to Pi MSL and above 9,000 feet MSL from Fay ception of two natural flavoring sub to desio-6 P.e
Pursuant to the provisions of the Fed- therein, in alphabetical sequence, the fol- ing (FCC 64-1141) issued in this pro eral Food, Drug, and Cosmetic Act (sec. lowing items: ceeding on December 10, 1964, and pub 409, 72 Stat. 1785, 21 U.S.C. 348) and § 121.1163 Natural flavoring substances lished in the F ederal R egister on De under the authority delegated to the and natural substances used in con cember 16, 1964 (29 F.R. 17850), inviting Commissioner by the Secretary of Health, junction with flavors. comments on a proposal to assign Chan Education, and Welfare (21 CFR 2.90), nel 275 in Portland, Maine, as follows: 1121.1163(b) is amended by inserting (b) Channel No. City Arnica flowers______mimica montana L., A. fulgens Pursh, A. In alcoholic beverages only. sororia Greene, or A. cor difolia Hooker. Present Proposed Artemisia (wormwood).__ Artemisia spp___ ....______In alcoholic beverages only; not more than 18 p.p.m. thujone in the finished beverage. 243,250,270 250,270,275 * * * 267,272A 267,283 Benzoin resin______...... Styrax benzoin Dryander, S. paraUeloneurus 27SA 244A Perkins, S. tonkinensis (Pierre) Craib ex Hartwich, or other spp. of the Section A ntho- styrax of the genus Styrax. * * * 2. Portland, Maine, is located in Zone Cajeput..__ i______Melaleuca leucadendron L. and other Mela I and so the present assignments are all leuca spp. Class B assignments. Station WLOB- Calumba root...______Jateorhiza palmata (Lam.) Miers______In alcoholic beverages only. Camphor tree__ Cinnamomum camphor a (L.) Nees et Eberm.. Safrole free. FM operates on Channel 250 with 2.8 Cascara sagrada______Rhamnus purshiana DC______J kilowatts power and 77 feet antenna height. There is an application pending Cedar, white (arbor-vitae), Thuja occidentalis L______;_ Not more than 10 p.p.m. thujone for Channel 270 with requested facilities leaves and twigs. in the finished food. * * * of 5.8 kilowatts power and 384 feet an Cinchona, red, bark___ ... Cinchona succirubra Pav. or its hybrids_____ In beverages only; not more than tenna height. Guy Gannett Broadcast 83 p.p.m. total cinchona alkaloids ing Services, licensee of Stations WGAN in finished beverage. Cinchona, yellow, bark;__ Cinchona ledgeriana Moens, C. calisaya Wedd., In beverages only; not more than (AM) and WGAN-TV at Portland, re or hybrids of these with other spp. of Cin 83 p.p.m. total cinchona alkaloids quested the assignment of Channel 275 chona. in finished beverage. Copaiba....;______1 South American spp. of Copaifera L.______at Portland as a Class C assignment by * * * the changes outlined above. Channel Erigeron__.______Erigeron canadensis L_.____ S__ ;______243, presently available at Portland, can Eucalyptus globulus leaves_. Eucalyptus globulus LabiU______not be used as a Class C assignment since Fir (“pine”) needles and Abies sibirica Ledeb., A. alba Mill., A sachalin- twigs. esis Masters or A. mayriana Miyabe et it is short-spaced to other United States * * * Kudo. and Canadian assignments for such use. Myrtle leaves___ j____ _ Myrtus communis L_;______1______In alcoholic beverages only. The change from Channel 272A to 283 in * * * Augusta is necessitated by the assign Orris root..__ ;;__ i____ Ins germanica L. (including its variety flor- ment of Channel 275 to Portland as is entina Dykes) and I. pallida Lam. * * * the substitution of Channel 244A for Pennyroyal, American__ Hedeoma pulegioides (L.) Pers______.....; 276A at Sanford. Guy Gannett urges Pennyroyal, European...'. Mentha pulegium L______...____..... In alcoholic beverages only. that Portland (a city with a population * * * of 72,566 persons) does not now have Quebracho bark..______Aspidosperma quebracho-bianco Schlecht, or Schinopsis lorentzii (Griseb.) Engl. adequate FM service. It points out that * * * (flu ebrachia lorentzii Griseb). it has attempted since December 1962» Rhubarb root ______Rheum officinale Baill., R. palmatum L.. or other spp. (excepting R. rhaponticum L.) or to operate an FM station which will Hu hybrids of Rheum grown in China. the void and has concluded that the best way to provide this service is from a Sandalwood, white (yellow, Santalum album L...... ______or East Indian). transmitter located at its WGAN-TV site, * * * approximately 22 miles northwest of the Senna, Alexandria______Cassia acutifolia Delile..______center of Portland and situated in Zone Serpentaria (Virginia snake- Aristolochia serpentaria L______„_ In alcoholic beverages only. II.1 Guy Gannett submits that the pro root). posal conforms to all the domestic sepa Thistle, blessed (holy thistle). Cnicus benedictus L_.______In alcoholic beverages only. ration requirements. It would substitute * * * a Class B assignment for a Class A m Turpentine______Pinus palustris Mill, and other Pinus spp. which yield terpene oils exclusively. Augusta, Maine, thus providing two Class Valerian rhizome and roots... Valeriana officinalis L______B channels in that community. 3. Since the communities in question are within 250 miles of the United States- Any person who will be adversely af (Sec. 409, 72 Stat. 1785; 21 U.S.O. 348) Canadian border, the proposed changes fected by the foregoing order may at any require coordination with the Canadi Dated: March 18, 1965. Government under the terms of the time within 30 days from the date of its nadian-United States FM Agreement oi publication in the F ederal R egister file J ohn L. H arvey, with the Hearing Clerk, Department of Deputy Commissioner 1947 and the Working Arrangement oi Health, Education, and Welfare, Room of Food and Drugs. 1963. The Canadian authorities have stated that they have no objections 5440, 330 Independence Avenue SW., [F.R. Doc. 65-3004; Filed, Mar. 23, 1965; Washington, D.C., 20201, written objec 8:47 ajn.] the proposed changes under certain p tions thereto, preferably in quintuplicate. cific conditions: that the Proposed Objections shall show wherein the per tion on Channel 275 at Portland be hm son filing will be adversely affected by ited to 100 kilowatts ERP and 1,513 leet the order and specify with particularity Title 47— TELECOMMUNICATION antenna height above average the provisions of the order deemed ob (the facilities proposed by jectionable and the grounds for the ob Chapter I— Federal Communications and that the Commission would hav Commission objection to the future operation of ^ jections. If a hearing is requested, the tion CHLT-FM on Channel 274C1, Sher objections must state the issues for the {Docket No. 15737, RM-664; FCC 65-225] hearing. A hearing will be granted if E S e i T listed in Sec. 73.202= the objections are supported by grounds PART 73— RADIO BROADCAST ss A channels, are normally r g^ on of legally sufficient to justify the relief SERVICES is B or C depending on the 1 t ^ sought. Objections may be accompanied city of assignment, in Zone I (o ^ ^ by a memorandum or brief in support Table of Assignments, FM Broadcast II respectively. However, . lch tbe Stations, Augusta, Portland, and lly determined by the zone in ^ TJjere. thereof. Lsmitter is located (§ 73-20 ( ) • ite Effective date. This order shall be ef Sanford, Maine , nsed as proposed by Gannett ^ a fective on the date of its publication in 1. The Commission has under consid ’one n , Channel 275 would be a the F ederal R egister. eration its notice of proposed rule mak Wednesday, March 24, 1965 FEDERAL REGISTER 3817 brooke, Quebec, with 100 kilowatts ERP [Docket No. 15542; FCC 65-222] from Channel 219 to a lower channel such as 217. This does not present allo and 1851 feet antenna height above av PART 73— RADIO BROADCAST cation problems. The Board of Public erage terrain, Use of Channel 275 at SERVICES Instruction of Dade County, in state Portland in Zone II would be subject to ments filed with the Commission, states these conditions. FM Broadcast Stations; Table of that it neither supports nor opposes a 4. No objections were filed to the pro Assignments posed changes in Portland and Sanford. change to Channel 217, but requests that Mr. W. Bruce Dean opposes the assign In the matter of amendment of petitioner bear all of the costs of the ment of Channel 283 to Augusta on the § 73.202, Table of Assignments, FM changeover. This Flamingo agreed to grounds that persons in northern New Broadcast Stations: Hialeah, Fla., Olean, do. Hampshire may lose the service of Sta N.Y.; Cadillac and Traverse City, Mich.; 4. No other pleadings were filed in this tion WBNE(FM) on this channel at Ionia, St. Johns and Grand Haven, portion of the proceeding as such. How Fitchburg, Massachusetts. He admits Mich.; Monticello and Jamestown, Ky.; ever, certain documents filed later, re that the proposal conforms to the mini Beaumont and Port Arthur, Tex.; Holly lating to other proposed changes in Flor mum separation rules but suggests that Springs, Miss.; Santa Rosa, N. Mex.; ida assignments, warrant a degree of another channel be assigned to Augusta Franklin, N.C.; Fairfield and Lodi, Calif.; consideration here. These are discussed Brownwood, Tex.; Kewanee, 111.; Fort more fully in a notice of proposed rule instead of 283 without indicating which making we are adopting today concern one is technically feasible. Dodge, Carroll and Charles City, Iowa; 5. We are of the view that the proposal Celina, Ohio; Connellsville and Union- ing some of these other proposals; briefly, to assign Channel 275 for use as a Class town, Pa.; New Martinsville, W. Va.; they are: C assignment would serve the public in Docket No. 15542, RM-568, RM—584, RM- (a) A petition for rule making (RM- terest and should be adopted. This 585, RM-588, RM-590, RM-592, RM-593, 662) filed on September 22, 1964— would provide the people in Portland and RM-598, RM-601, RM-602, RM-604, roughly 5 weeks after the closing date for the surrounding area with an FM assign RM-608, RM-609, RM-612. comments and replies herein—by WJNO ment capable of wide-area coverage with 1. The Commission has before it for Radio, licensee of AM Station WJNO, out adversely affecting any other station consideration its notice of proposed rule West Palm Beach, Fla., seeking the ad or assignment. A second advantage of making, released July 8, 1964 (FCC 64- dition of a second FM channel to that the proposal is that it provides the city 613), proposing a number of changes in city—Class C Channel 283—by deleting of Augusta, which has a population of the FM Table of Assignments (§ 73.202 of Channel 282 at Miami and substituting 21,680, with two competitive Class B the rules). In a First Report and Order Channel 298 therefor (and proposing assignments instead of one A and one B. released herein on December 3, 1964 other changes in assignments discussed We do not consider the objection of Mr. (FCC 64-1115), we disposed of most of in the notice of proposed rule making); Dean sufficient reason to deny the re the matters raised in the Notice. The and quest. Class B stations are not afforded present document disposes of all of the (b) An opposition to this petition filed any more protection than that which re rem ain in g matters except one (the last- on October 26, 1964, by WSKP, Inc., ap sults from the minimum spacings and the captioned matter above, involving a plicant for Channel 282 at Miami, who maximum authorized facilities. Further, change proposed on the Commission’s opposes the suggested substitution of 298 a showing is not made that any other own motion which is involved with a because a station on that channel would Class B assignment can be made to Au later proposal in Docket 15716 and will have to be more than 5 miles from down gusta in conformance with our spacing be considered with that proceeding town Miami, where WSKP proposes to requirements and those for the border rather than here). Operate its FM station at its AM location. region. 2. Supporting comments, and in some Objecting to the expense involved in ac cases oppositions and other documents, quiring a separate site and conducting a 6. Authority for the adoption of the were filed in connection with the various amendments contained herein is con separate operation, WSKP proposes in matters, as indicated below. All have stead that both Channel 298 and Chan tained in sections 4(i), 303, and 307(b) been given appropriate consideration in of the Communications Act of 1934, as nel 222 be assigned to Miami, the former amended. reaching our decisions herein. Unless to be available as a Hialeah assignment otherwise indicated, all population fig (under the “25-mile rule”) and the latter 7. In view of the foregoing: It is or- ures given are 1960 UB. Census figures. ««'ed. That effective April 26, 1965, the to be available to WSKP as a replace J ^ Table of Assignments contained in 3. RM-568 Hialeah, Fla. In response ment for 282. Assignment of Channel 8 73.202 of the Commission’s rules and to the petition of Flamingo Broadcasting 222 to Miami would require a shift of regumtions is amended, insofar as the Co. (a local Hialeah group), the Notice Station WKIZ-FM, Key West, from immunities named are concerned, to proposed to assign Channel 221A or Class Channel 223, and WSKP suggests Chan read as follows: C Channel 298 to Hialeah; a station on nel 283 (WKIZ-FM is not yet on the air, the latter channel would have to be some having received its construction permit City Channel No. 6 miles from downtown Hialeah to meet in September 1964). This proposal Augusta, Maine. ___ 267,283 minimum separation requirements. would, of course, conflict with assignment Portland, Maine. 250,270, 275 8ani°rU, Maine. ______244A Hialeah is a city of 66,972 population of Channel 221A to Hialeah.1 (said now to exceed 80,000), some 8 miles 5. It is clear that Hialeah warrants an J * ? further ordered, That this pro from downtown Miami and without any PM assignment, and—aside from the ceeding is terminated. local broadcasting outlet or FM assign (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. ment. In its petition Flamingo made a 1 Other pleadings were filed in connection Interpret or apply secs. 303, 307, 48 showing as to the considerable impor with the WJNO petition, which are referred otat. 1082, 1083;; 47 U.S.C. 303, 307) tance of the community, industrially, to in the notice of proposed rule making commercially, and otherwise. In its com adopted today. We note here one of them, Adopted: March 17,1965. ments, Flamingo states that it will a statem ent filed by Raymond Meyers, an Released: March 19, 1965. promptly apply for either channel, but engineer, on behalf of an unnamed principal, prefers 221A because of the greater flex opposing one of WJNO’s proposed changes F ederal Communications ibility as to site location, and also because because it would conflict with assignment of Commission, Channel 222 to Hollywood, which Meyers tSEAL] “closer identity with Hialeah” would Ben F. W aple, states his principal will shortly petition for. seem more possible with a Class A than No such petition has been filed, and, in any Secretary. with a Class C channel. Assignment of [Pit. Doc. event, denial of such a proposal would he 65-3011; Filed, Mar. 23, 1965; 221A to Hialeah would require a shift by required for the same reasons we are reject 8:48 am .] the Miami educational station, WTHS, ing WSKP’s counterproposal. / 3818 RULES AND REGULATIONS matters just mentioned—we are of the also making a change in the Class A from Senatobia (substituting another view that Channel 221A is to be pre assignment at Grand Haven. Since this Class A channel) and assigned 237A to ferred, because of the less restrictive re shift would remove the only FM channel Corinth (Memorandum Opinion and quirements as to site location. It is assigned to St. Johns, we pointed out in Order in Docket No. 15256, FCC 64-1116, also the assignment which the petitioner the Notice that the community might released December 7, 1964). The party would prefer, and, as a Class A channel, make use of an unoccupied Lansing petitioning for reconsideration (Pickens is the type of assignment we prefer to' channel (269A), under the “25 mile rule” County Broadcasting Co., Inc.) filed the make to communities very near large (§ 73.203(b) ). Clinton County Broad only comments herein, to the same effect. metropolitan centers. The question then casting, Inc., licensee of daytime-only 12. Holly Springs (population 5,621), becomes what weight should be given to station WJUD at St. Johns (that com a county seat with no local broadcast these later filings. Both orderly pro munity’s only broadcast outlet) opposed facilities, warrants the assignment of an cedure and the importance of reasonably the deletion of 221A because of the re FM channel. Therefore we are of the rapid provision of FM assignments, sta sulting loss of FM potential for that view that Channel 224A (instead of 237A tions, and service require that alloca community. Since this proceeding was as previously proposed) should be as tion rule making proceedings be resolved instituted, an application for Channel signed there. The Table of Assignments with reasonable dispatch. On the other 269A at Lansing has been filed and is amended accordingly. hand, if—after a rule making record is granted (WILS-FM). 13. RM-609. Fort Dodge, Carroll, closed, but before decision therein—a 9. Subsequently, petitioner MacPher Charles City, and Cherokee, Iowa. In highly meritorious petition is filed which son, who is the licensee of daytime-only response to a petition filed by American is involved with the subject-matter of station WION, Ionia, pursued a different Broadcasting Stations, Inc. (ABS), li the pending proceeding, we cannot ig course in attempting to bring a first FM censee of daytime-only Station KWMT, nore it if we are to make our allocation assignment (and first fulltime broadcast Fort Dodge, the Notice herein proposed decisions in the over-all public interest. outlet) to that community. He entered to assign Class C Channel 286 to that 6. In our view, neither of the filings into an arrangement to acquire Station city, in addition to the Class A assign referred to is of such outstanding merit WMAX-FM, Grand Rapids (Channel ment now there (we proposed to change as to warrant being “thrown into the 267) and filed a petition seeking to the Class A assignment from 232A to pot” in a proceeding in which the record change that channel assignment, and 296A). This would require a change in was closed a number of weeks before the move the station, to Ionia. By Notice the assignment at Carroll. On August filing, although, in the case of WJNO, released October 22, 1964 (Docket No. 3,1964, Palmer Broadcasting Co., licensee we believe it warrants institution of a 15671, FCC 64-966), we instituted rule- of television Station WHO-TV, Des separate proceeding, set forth in today’s making on the request to move thé chan Moines Channel 13, filed comments notice. Both present problems with re nel. Subsequent to these developments herein proposing different assignments spect to existing authorizations (WJNO’s the application to acquire WMAX-FM for Fort Dodge, to which ABS has no ob proposal would require a one-channel was amended to specify continued oper jection. These assignments are part of shift by a Cocoa Beach station which is ation of that station as a Grand Rapids its overall plan (later set forth in an on the air, and WSKP’s counterproposal station. This application (BALH-728) overall petition, RM-659) to eliminate would require not only that shift if Chan was granted December 31, 1964. On FM assignments in Iowa which might nel 283 is to be assigned to West Palm February 12, 1965, MacPherson filed a cause second-harmonic interference to Beach, but also the above-mentioned letter stating that he no longer was in its TV operation (the second harmonic shift of an authorized Key West station terested in the instant proposal and ask of any FM channel from 286 through 300 to a channel some 60 channels removed ing that it be dismissed. would fall within Channel 13). The from that authorized). With respect to 10. Ionia and St. Johns are roughly the present assignments, the Notice proposal, the WJNO petition, of course this ques same size (6,754 and 5,629 respectively) ; and the Palmer proposal, are as follows: tion really need not be decided since it both are county seats and their counties does not conflict with the assignment contain no radio stations or FM assign Channel No, we have made to Hialeah for other rea ments other than Channel 221A now City Present sons. But we believe it is certainly true assigned to St. Johns, and the two day Notice Palm er with respect to the WSKP counterpro time-only stations mentioned. There proposal proposal posal. In any event, even if that pro fore—in view of the absence of any in 221A,233 posal had been more timely advanced dication of present interest in using the Fort Dodge, Iowa. 232A 286,296A 224A with respect to the present Hialeah pro Carroll, Iowa—— 286 224A 285A channel at Ionia, the opposition ex Cherokee, Iowa__ 232A (No change) ceeding, we would be required to reject pressed by Clinton County Broadcasters, it because of the effect on existing au Inc., and the removal of the last Lansing thorizations. With respect to the Key 14. The only comments filed herein channel as a possible St. Johns assign ire by ABS (supporting our proposal West station, it is true that that station ment—there appears no point in making is not yet on the air so that there is no the proposed change in assignments. r a Class C Fort Dodge assteMMJw disruption of an existing service to the id Palmer. Fort Dodge, with a popuia- Accordingly, this portion of the proceed ►n of 28,399, is the county seat ancuarg public. But we do not conceive it to be ing is terminated. in the public interest to permit the kind t city of Webster County, and is an 11. RM-593. Holly Springs, Miss. Iri portant commercial and indus of uncertainty which would result if we response to a petition filed by J. J. Kirk instituted a rule making proceeding nter. In addition to KWMT, doing business as Skyline Broadcasting ,s assigned one fulltim e (Class Iv which would require a permittee to move Co., the Notice proposed to assign Chan more than half way across the FM spec ition, one television station, an nel 237A as a first FM channel for Holly mslator. Carroll (population 7, trum. Such a policy could not help but Springs, Miss., an assignment then re*- delay the development of FM stations quiring no other changes in the Table. likewise a county seat, with o and service. In a Report and Order in an earlier FM ne AM station. . Qnd im. 7. In view of the foregoing, we are 15. A city of Fort Dodge’s size and im allocation proceeding (Docket No. 15256, rtance warrants a wide-coverag C amending the Table of Assignments to FCC 64-515, released June 8,1964) we as assign Channel 221A to Hialeah. signed Channel 224A to Senatobia, Miss. assignment if one can be made As“ WJNO’s proposal to assign Channel 298 lich channel should be ^ ^ ¿ 65- In that connection we denied a counter ;ent Information Bulletin (FC to Miami is the subject of a rule making proposal which would have assigned Notice adopted today. WSKP’s counter Channel 237A to Corinth, Miss., because proposed a change proposal to assign both 298 and 222 to a ABS petition also City. This is not such action would preclude use of 237A in gnments at Charles Miami is denied. another community “such as Holly changes involved a,ry for the other the Notice. Tne 8. RM-588. Ionia, St. Johns and Grand Springs.” A petition for reconsideration as not included in assignment men- Haven, Mich. In response to a petition of that action was filed, pointing out that > in the Cherokee in palmers com filed by Monroe MacPherson, tr/as Ionia if 224A were not assigned to Senatobia was not included forth in its later herein but was set and is necessary Broadcasting Co., the Notice herein it could be used at Holly Springs. On ? natition (RM—659) proposed to assign Channel 221A to the basis of the showing made, on re Ionia, by deleting it from St. Johns and consideration we deleted Channel 224A Wednesday, March 24, 1965 Hi FEDERAL RlSiSiat ? f3819 130, released February 19, 1965) we dis ingly we are assigning that channel to communities. I t appears best in this cussed the problem of FM second-har that community. case to substitute another assignment monic interference to high-VHF tele 17. Since Channel 286 is not being as for Jamestown and we are substituting vision reception, steps which can be, signed to Fort Dodge, its deletion at Car- Channel 276A for 288A at this commu taken by FM stations and listeners and roll is not required, and for the time being nity. viewers to alleviate or eliminate the prob we are retaining this assignment. How 19. In view of the foregoing: It is lem, and the limited extent to which ever, in view of th e . uncertainty con>- ordered, That, effective April 26, 1965, this can be a factor in our FM assign nected with it for reasons mentioned § 73.202 of the Commission’s rules, the ment process if that medium is to haVe above, we believe it also appropriate to Table of FM Assignments, is amended room for proper development. Under assign 224A to that community, as pro to read, with respect to the communities the circumstances here, where it appears posed, so that a firm assignment will be listed, as follows: that Palmer’s suggested assignments to available for potential applicants. In City Channel Port Dodge can be made without loss of terested parties should bear in mind the Hialeah, Fla_'I___'— ____—r _——, ----- 221A FM assignment potential, we believe it pendency of the Palmer petition and its Carroll, Iowa______r -r r 224A, 286 appropriate to take this factor into ac request that Channel 286 at Carroll be Cherokee, Iowa__^i____^—— — 228A count. Accordingly, we are assigning deleted. Additionally,; other uses of Fort Dodge, Iowa__.______—____ 221A, 233 Channels 221A and 233 to that city. Channel 286 may be considered if de Jamestown, Ky——sii------J—• 276A 16. Assignment of Channel 233 to Fortmand arises, such as a .second wide-cover- Holly Springs, Miss___ >_____....------224A Dodge requires deletion of Channel 232A age assignment for Fort Dodge. 20. Authority for the adoption of the at Cherokee (unapplied for) i and Palmer 18. In a First Report and Order in this amendments adopted herein is contained suggests 285A as a replacement. How proceeding released on December 3,1964, in sections 4 (i) and (j>, 303 (r), and ever, this would mean loss of the. possi the Commission, among other things, 307(b) of the Communications Act of bility of using Channel 286 at any place assigned Channel 288A to Jamestown, 1934, as amended. within a large area, including Fort Ky., a community without any AM or FM 21, It is further ordered, That this pro Dodge, Carroll, and other places within station or assignment. This assignment 105 miles of Cherokee. Palmer would of was made in response .to a petition filed ceeding is terminated. course have us refrain from making any jointly by Fred A. Staples and Russell (Sec. 4, 48 Stat. 1066, as amended; 47 UJ3.C. such assignment anyhow (within a large County Broadcasters on March 31, 1964. 154. Interpret or apply secs. 303, 307, 48 radius from Des Moines) because of the During the pendency of this proceeding Stat. 1082, 1083; 47 Ü.S.C. 303, 307) potential FM-TV interference problem an application for Channel 288A was Adopted: March 17, 1965. . mentioned. But, while we have the granted Scott Broadcasting Co. for a new FM station (later given call letters Released: March 19,1965. Palmer petition under consideration and WBNT-FM) at Oneida, Tehn. This as action thereon will be taken shortly, we signment is listed in the Table for La F ederal Communications are not prepared at this time to relin Follette, Tenn. but is available to Oneida Commission, quish the possible use of this channel in under the “25 mite rule.” Since the dis [seal] B en F . W aple, this general area. It appears that tance between Jamestown and Oneida Secretary. Channel 228A can be used at Cherokee is less than the required 65 miles a [FJt. Doc. 65-3012; „ Filed, Mar. 23, 1965; as a replacement for 232A, and accord- change must be, made at one of these 8:48 a.m.J (latitude 36°12'00" N., longitude 95°- C 14 CFR Part 71 1 POST OFFICE DEPARTMENT 53'15" W.) ; within 2 miles each side of [Airspace Docket No. 64-CE-99] E 39 CFR Parts 16, 24 1 the Tulsa ILS localizer N course, extend ing from the 5-mile radius zone to 1 mile BULK SECOND- AND THIRD-CLASS S of the OM; within 2 miles each side FEDERAL AIRWAYS AND MAILINGS of the Tulsa ILS localizer S course, ex REPORTING POINT tending from the 5-mile radius zone to Rescission of Notice of Proposed Rule 0.5 mile N of the OM; and within 2 miles Proposed Alteration and Designation Making each side of the Tulsa VORTAC 268° radial, extending from the 5-mile radius The Federal Aviation Agency is con The notice of proposed rule m aking zone to the VORTAG. sidering amendments to Part 71 of the published in the F ederal R egister of 2. Designate the Tulsa, Okla., transi Federal Aviation Regulations that would February 17, 1965, at pages 2153-2154 tion area as that airspace extending up alter VOR Federal airways Nos. 2 and (F.R. Doc. 65-1727) entitled “Bulk Sec ward from 700 feet above the surface 255 at Madison, Wis. ond- and Third-Class Mailings” is re within a 9-mile radius of Tulsa, Okla., Interested persons may participate in scinded, The proposed rule would have the proposed rule making by submitting International Airport (latitude 36°12'00" such written data, views, or arguments amended regulations codified in § 16.3 N., longitude 95° 53'15" W.) ; within 8 (d), § 16.4(b), and § 24.4(b) (6) of Title miles W and 5 miles E of the Tulsa TT.S as they may desire. Communications 39, Code of Federal Regulations effective should identify the airspace docket num localizer N course, extending from the ber and be submitted in triplicate to the July 1, 1965, to require mailers of bulk OM to 12 miles N; within 8 miles N and second- and third-class matter to sepa 5 miles S of the Tulsa VORTAC 088° Director, Central Region, Attention: rate and sack direct packages and bun radial, extending from the 9-mile radius Chief, Air Traffic Division, Federal Avia dles for those post offices within a single area to 12 miles E of the VORTAC; and tion Agency, 4825 Troost Avenue, Kansas sectional center area in certain instances. City, Mo., 64110. All communications within 2 miles each side of the Tulsa received within 45 days after publication (R.S. 161, as amended; 5 U.S.C. 22, 39 U.S.C. ILS localizer S course, extending from of this notice in the F ederal Register 501, 4451-4453) the 9-mile radius area to 8 miles S of the will be considered before action is taken Louis J. Doyle, OM; that airspace extending upward on the proposed amendments. The pro General Counsel. from 1,200 feet above the surface within posals contained in this notice may be [F.R. Doc. 65-3081; Filed, Mar. 23, 1965; an area bounded by a line beginning at changed in the light of comments re / 9:53 a.m.] latitude 36°40'00" N., longitude 96°- ceived. OO'OO" W.; to latitude 36°53'00" N., An official docket will be available for longitude 95°47'00' W.; to latitude 36°- examination by interested persons at the 48'00" N., longitude 95°30'00" W.; to FEDERAL AVIATION AGENCY latitude 36° 55'00" N., longitude 95 °- Federal Aviation Agency, Office of the 05'00" W.;: to latitude 36°24'00" N., General Counsel, Attention: Rules E 14 CFR Part 71 1 longitude 94°30'00" W.; to latitude Docket, 800 Independence Avenue SW., [Airspace Docket No. 63-SW-124] 36°12'00" N., longitude 94°28'00" W., Washington, D.C., 20553. An informal to latitude 35°46'00" N., longitude 95°- docket also will be available for exami CONTROLLED AIRSPACE 06'30" W.; to latitude 35°46'0O" N., nation at the office of the Regional Air Alteration of Proposal and Extension longitude 95°30'00' W.; to latitude 35 °- Traffic Division Chief. ll'OO" N., longitude 95°55'00" W.; thence Janesville and Madison, Wis., are per of Comment Period; Supplemental W along latitude 35°11'00" N„ to and Notice manent air carrier stops. Therefore, it counterclockwise along the arc of a 57- is proposed to extend V-255 from Janes On November 4, 1964, a notice of pro mile radius circle centered at latitude ville direct to Truax VOR. Additionally, posed rule making was published in the 35°25'50" N., longitude 97°35'10" W.; to it is proposed to extend V-255 from the F ederal R egister (29 F.R . 14936) de longitude 97°18'20" W., to point of be Truax VOR direct to Dells, Wis., to pro- scribing the proposed controlled airspace ginning. in the Tulsa, Okla., terminal area. In order to provide interested persons dde route continuity. , Subsequent to the publication of the time to adequately evaluate this pro In anticipation of the revocation notice, it was determined that it was posal as modified herein and an oppor Restricted Area/Military Climb Corridor necessary to change the glide slope set tunity to submit such written data, views, Ft-6905, it is also proposed herein to ait ting for the ILS serving Runway 35R at or arguments as they may desire, the 7-2 via the Truax, Wis., VOR instep? Tulsa international Airport. This re date for filing such material is extended da the intersection of the Lone • quired the final approach altitude over to 45 days after publication of this sup ¡Vis., VORTAC 106° and the Milwauk , the outer marker to be lowered for in plemental notice in the FEDERAL R egis Vis., VORTAC 270° True radials. in strument approach procedure AL-432- ter. Communications should be sub rruax VOR would be designated as a i ILS-Rwy 35R. This necessitates an ad mitted in triplicate to the Chief, Air iltitude reporting point. -.«vised dition to the proposed control zone ex Traffic Division, Southwest Region, Fed These amendments are proposea tension to the south and an additional eral Aviation Agency, Post Office Box uider the authority of section SOW extension to the proposed 700-foot floor 1689, Fort Worth, Tex., 76101. : transition area. Therefore, it is pro This amendment is proposed under the he Federal Aviation Act of 19» posed herein to modify the proposed authority of section 307(a) of the Fed J.S.C. 1348). Tulsa control zone and transition area eral Aviation Act of 1958 (49 U.S.C. Issued in Washington, D.C. on March to include this additional controlled air 1348). .6,1965. „ space, as hereinafter set forth. Issued in Fort Worth, Tex., on March D. E. Barrow, Accordingly, the notice is hereby 15,1965. Chief, Airspace Reputations amended to propose to; Archie W. L eague, and procedures Division. 1. Redesignate the Tulsa, Okla., con Director, Southwest Region. trol zone as that airspace within a 5 -mile [F.R. Doc. 65-2975; Filed, Mar. 23, 1965; FR . Doc. 65-2976; Filed, Mar. 23, radius of the Tulsa International Airport 8:45 am .] 8:45 a.m.] 3820 Wednesday, M arch 24, 1965 FEDERAL REGISTER 3821 side of the Aberdeen VORTAC 312° ra I 14 CFR Part 71 1 this notice may be changed in the light of comments received. dial extending from 7 miles NW to 17 [ Airspace Docket No. 65-WA-19 ] An official docket will be available for miles NW of the VORTAC; and that air FEDERAL AIRWAY examination by interested persons at the space extending upward from 1,200 feet Federal Aviation Agency, Office of the above the surface within a 21-mile radius Proposed Extension General Counsel, Attention: Rules of the Aberdeen VORTAC extending Docket, 800 Independence Avenue SW., clockwise from á line 5 miles SE of and The Federal Aviation Agency is con Washington, D.C., 20553. An informal parallel to the Aberdeen VORTAC 232° sidering an amendment to Part 71 of the docket also will be available for exam radial to a line 5 miles E of and parallel Federal Aviation Regulations that would ination at the office of the Regional Air to the Aberdeen VORTAC 355° radial, extend VOR Federal airway No. 501 from Traffic Division Chief. within 8 miles SW and 5 miles NE of the Wellsville, N.Y., to Bellona, N.Y., Inter V—138 is designated, in part, from Aberdeen VORTAC 312° radial extending section. from the 21-mile radius area to 21 miles Interested persons may participate in Cheyenne, Wyo., to Medicine Bow, Wyo. The proposed airway segment would have NW of the VORTAC, and within 5 miles the proposed rule making by submitting E and 8 miles W of the Aberdeen such written data, views, or arguments a floor of 8,500 feet MSL to 16 nautical miles northwest of Medicine Bow; thence VORTAC 172° radial extending from the as they may desire. Communications VORTAC to 13 miles S of the VORTAC. should identify the regulatory docket or 10,700 feet MSL to 35 nautical miles southeast of Riverton, thence 1,200 feet The proposed transition area extend notice number and be submitted in trip ing upward from 700 feet above the sur licate to the Federal Aviation Agency, above the surface to Riverton. The pro posed airway would reduce the airway face will provide protection for aircraft Office of the General Counsel, Atten during the portion of the VOR/DME-1 tion: Rules Docket, 800 Independence mileage between these two points by 41 nautical miles. The airway floors would approach conducted between 1,500 feet Avenue SW., Washington, D.C., 20553. and 1,000 feet above the surface. The All communications received within 45 provide controlled airspace for aircraft departing Riverton to the southeast, to proposed transition area extending up days after publication of this notice in ward from 1,200 feet above the surface the Federal R egister will be considered climb to the minimum en route altitude and for an en route altitude change at will provide protection for aircraft con before action is taken on the proposed ducting approved instrument operations amendment. The proposal contained in Medicine Bow. This amendment is proposed under at or above 1,500 feet above the surface. the notice may be changed in the light Of The airspace within the 21-mile radius comments received. All comments sub section 307(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1348). of the Aberdeen VORTAC and the pro mitted will be available in the Rules posed transition area extension to the Docket for examination by interested Issued in Washington, D.C., on March northwest of the VORTAC will provide persons, both before and after the clos 16, 1965. protection for aircraft executing the ing date for comments. H. B. H elstrom, VOR/DME-1 approach procedure. The At present, V-501 is designated, in Acting Chief, Airspace Regulations proposed transition area extension to the part, from Slate Run, Pa., to Wellsville. and Procedures Division. south of the VORTAC will provide pro The proposed action would provide an [F.R. Doc. 65-2978; Filed, Mar. 23, 1965 tection for aircraft executing the radio airway segment that, together with V-84, 8:45 a.m.] range approach procedure. V—119, and V-226, would reduce the pres Certain minor revisions to prescribed ent airway mileage between Syracuse, instrument procedures would be effected N.Y., and Pittsburgh, Pa. U 4 CFR Part 71 1 This amendment is proposed under with the action proposed herein, but op [Airspace Docket No. 65—CE-34] erational complexities'would not be in section 307(a) of the Federal Aviation creased nor would aircraft performance Act of 1958 (49 U.S.C. 1348). CONTROLLED AIRSPACE characteristics or present landing mini- Issued in Washington, D.C., on March mums be adversely affected. 17,1965. Proposed Alteration of Specific details of the changes to pro H. B. H elstrom, Transition Area cedures that would be required may be Acting Chief, Airspace Regulations The Federal Aviation Agehcy is examined by contacting the Chief, Air and Procedures Division. sidering an amendment to Part 71 of the space Branch, Air Traffic Division, Cen IF.R. Doc. 65-2977; Piled, Mar. 23, 1965; Federal Aviation Regulations which tral Region, Federal Aviation Agency, 8:45 &.m.] would alter controlled airspace in the 4825 Troost Avenue, Kansas City, Mo., Aberdeen, S. Dak., terminal area. 64110. The Aberdeen, S. Dak., transition area Interested persons may submit such 114 CFR Part 71 1 is presently designated as that airspace written data, views, or arguments as they [Airspace Docket No. 64-WE-57] extending upward from 700 feet above may desire. Communications should be the surface within Smiles NE and 5 miles submitted in triplicate to the Director, FEDERAL AIRWAY SW of the Aberdeen VOR 131° and 311° Central Region, Attn: Chief, Air Traffic Division, Federal Aviation Agency, 4825 Proposed Extension radials extending from 13 miles SE to 5 miles NW of the VOR; and the airspace Troost Avenue, Kansas City, Mo., 64110. Federal Aviation Agency is con- extending upward from 1,200 feet above All communications received within Fwwf f11 amendment to Part 71 of the the surface within 4 miles E and 7 miles forty-five days after publication of this Pv. J ^ i viation Regulations that would W of the Aberdeen VOR 175° and 355° notice in the F ederal R egister will be vor Federal airway No. 138 from radials, extending from 13 miles S to 1 considered before action is taken on the Trl4.^me,^ow> Wyo., to Riverton, Wyo mile N of the VOR. proposed amendment. No public hear thp Persons may participate ir The Federal Aviation Agency, having ing is contemplated at this time, but ar such « rule making by submitting completed a comprehensive review of the rangements for informal conferences as tJ ritten data, views, or arguments terminal airspace structural require with Federal Aviation Agency officials shouldmay desire. Communications ments in the Aberdeen, S. Dak., terminal may be made by contacting the Regional SSL 1l entify the airspace docket num- area, including studies attendant to the Air Traffic Division Chief. Any data, Dirpp+5^beJilt>mi^ ed m triplicate to the implementation of the provisions of the views, or arguments presented during Chief a’ ^if^tern Region, Attention: Civil Air Regulations, Amendments 60- such conferences must also be submitted ation’ alr Tra®P Division, Federal Avi- 21/60-29, proposes the following airspace in writing in accordancé with this notice Avenue ^ ncy’ 5651 West Mancheste: action: in order to become part of the record Station’ f° S^ °® ce Box 90007, Airpori Alter the Aberdeen transition area to for consideration. The proposal con communist-Angeles* Calif., 90009. A1 comprise that airspace extending upward tained in this notice may be changed in after S u tl0^ received within 45 day: from 700 feet above the surface within the light of comments received. Fedeb« Pllca^lon of this notice in thi 8 miles NE and 5 miles SW of the Aber fore GI?TER will be considered be deen VORTAC 131° and 311° radials ex The public Docket will be available for tending from 13 miles SE to 5 miles NW examination by interested persons in the amendmenteut. The proposal °n ,the contained propose< u of the VORTAC, and within 2 miles each Office of the Regional Counsel, Federal No. 56----- a . 3822 PROPOSED RULE MAKING
Aviation Agency, 4825 Troost Avenue, the fee schedule, we have been asked on payment of fees, and the general excep Kansas City, Mo., 64110. a number of occasions to dispense with tion to the fee schedule. In the follow This amendment is proposed under the the $2 fee for restricted radiotelephone ing paragraphs' we shall discuss certain authority of section 307(a) of the Fed operator permit applications filed by proposed changes in these rules as well eral Aviation Act of 1958 (49 U.S.C. 1348). parties who would use the permit for a as other changes of a general nature. Issued at Kansas City, Mo., on March limited time or for a limited Use. Most 7. In view of the number of questions 12,1965. ' often those requesting such a waiver or which have arisen concerning the matter H enry L. N ewman, exemption would use the permit to op- of fee refunds, we are proposing that a Acting Director, Central Region. > erate a radio station which has been new § 1.1104 be adopted which would exempted from the payment of fees, [F.R. Doc. 65-2979; Filed, Mar. 23, 1965; specifically spell out when a return or 8:45 a.m.] e.g., an applicant who intends to use the refund of the fee will be made. Subsec permit for the operation of a station tion (a) of the proposed § 1.1104 would licensed in the Fire Radio Service. It set forth four situations in which the full has been suggested that operation under amount of the fee will be returned or FEDERAL COMMUNICATIONS the permit could be restricted to a spe refunded. A discussion of those situ cific use or sendee by stamping the per ations follows: COMMISSION mit accordingly. This matter was dis (1) An application for which no fee cussed previously at paragraphs 40-42 is required. This provision would apply I 47 CFR Part 1 ] of the Commission’s Report and Order to fees submitted with applications which [Docket No. 15881; FCC 65-199] of May 6, 1963, and it was concluded are exempted from the fee requirements that no exemption should be provided or for which no fees are prescribed. It SCHEDULE OF APPLICATION FILING for any applicant for a commercial radio would also apply to fees accompanying FEES operator license or permit. Moreover, applications which are not required to the idea of stamping authorizations is be filed, e.g., an application requesting Notice of Proposed Rule Making sued to commercial radio operators was modification of a station license to add 1. Notice is hereby given of proposed considered at that time and rejected a new radio receiver. rule making in the above-mentioned since it would, in effect, amount to the (2) An application filed "by an appli matter. establishment of numerous new classes cant who cannot fulfill a prescribed age 2. By Report and Order of May 6,1963 of operator licenses. The administrative requirement. Though it is incumbent (FCÇ 63-414), the Commission adopted costs inherent in any procedure allow upon applicants to be generally familiar rules providing for a schedule of appli ing for exemptions for restricted permit with the eligibility requirements of the cation filing fees, Docket No. 14507. In applications would not justify those rules, a number of applicants fail to meet a Memorandum Opinion and Order of exemptions. The very nominal amount those requirements and the applications September 25, 1963 (FCC 63-856), the of the fee ($2), the lifetime term of the must be dismissed. This is particularly Commission disposed of several petitions permit, and the fact that the permit true in the Citizens Radio Service where for reconsideration of its action and may be used interchangeably in several the Commission continues to receive ap made minor changes and clarifications in services all dictate against a change of plications from applicants who cannot the schedule adopted previously.1 At Commission policy with respect to this fulfill the age requirement of 18 years paragraph 6 of that Memorandum question. for Class A, B, or D license or 12 years Opinion and- Order the Commission o- The second matter concerns aircraft for Class C license. Section 1.1103(d) stated that in an effort to resolve seem radio stations. It has been claimed re provides that fees are charged irrespec ing or minor disparities in the fee sched peatedly that radio stations aboard air tive of the disposition of the applications. ule it would undertake a continuing re craft should be exempt from the pay However, when applied to the dismissal view of the fee schedule, the Commis ment of fees. The principal basis for of an application submitted by an under sion’s application procedures, and the this claim is that Federal Aviation age youngster, the rule can be particu interrelation of the two. Since the fee Agency regulations which became effec larly harsh. Therefore, it is proposed to schedule became effective on March 17, tive on December 26, 1961, require the return or refund fees paid by applicants 1964, a continuing review has been car installation of two-way radios in all air who cannot fulfill a prescribed age ried on. We have considered a number craft utilizing FAA tower-controlled air requirement. of questions raised by the actual work ports and the associated airport traffic (3) An application filed for renewal ings of the schedule and we are propos areas. Thus, it is contended that the without reexamination of an amateur . ing that certain changes and clarifica use of radio stations aboard aircraft is or commercial radio operator license tions should be made in the rules which of a compulsory nature. This contention after the grace period has expired. make up the fee schedule. was answered by the Commission at Where such an applicant files more than 3. Before proceeding to a discussion of paragraph 7 of our Memorandum Opin one year after his license has expired, the proposed rule amendments, it is ion and Order in Docket No. 14507. At the license cannot be renewed without appropriate that we discuss briefly two this time, we would elaborate on that reexamination. of the more important questions con statement by emphasizing that radio was (4) An application filed by an appli cerning the fee schedule which were utilized in a substantial majority of air cant precluded from receiving a license craft prior to the FAA regulations of by the provisions of Section 303(l) or cpnsidered in our review but with respect December 26, 1961. This point is illus Section 310(a) of the Communications to which no changes are proposed to be trated by the fact that the number of Act. Though the Commission may grant made. outstanding aircraft radio licenses listed a license or other form of authorizatio 4. The first matter pertains to the $2 in the Commission’s Annual Reports for to aliens under authority contained i fee for applications for restricted radio the fiscal years 1959—1961, respectively, Sections 303(1) and 310(a) of the Com telephone operator permits. These per nearly paralleled the number of aircraft munications Act or pursuant to a recip mits are issued for the lifetime of the which the FAA considered to be active rocal radio licensing agreement, a grea permittee and may be used interchange during those years. Though we propose number of applications are received ir ably in several of the Commission’s radio to amend the fee schedule to exempt aliens or U.S. corporations to whom tne services. Since the implementation of modification applications which are re Commission cannot grant a license, quired because of changes in the rules such instances, the ineligibility of 1A petition for review of the Commission's of another Federal agency such as the applicant is apparent on the face o action was filed with the United States Court FAA we do not propose to exempt all application and, accordingly, the app of Appeals for the Seventh Circuit and in an applications filed by aircraft licensees or cation is dismissed. We do not b opinion of July 10, 1964, that Court afiirmed to reduce the fee now prescribed for it is appropriate to charge a fee in both the validity of the Commission’s action those applications (see paragraph 8). instances. and the reasonableness of the fees adopted Subsection (b) of the proposed new (Aeronautical Radio, Inc. et al. v. United G eneral States and FCC, 335 F. 2d 304) . On Jan. 18, § 1.1104 would reflect the Commission 1965, the United States Supreme Court denied 6, Sections 1.1101-1.1105 of the rulesaction of September 30, ^ a petition for certiorari seeking review of deal with general information concern nouncing that it would no lon^r eless that action of the Seventh Circuit Court. ing the authority for the fee rules, the funds for fee overpayments of or Wednesday, March 24, 1965 FEDERAL REGISTER 3823 (Public Notice, FCC 64-892). This pro plications filed by aliens pursuant to of fees for mobile station applications, vision of the rules would not pertain to either Section 303(1) or Section 310(a) the aforementioned proposed changes a fee of $2 or less which might accom of the Communications Act, e.g., by alien will also eliminate the multiple fees pany an application described in sub aircraft pilots holding foreign aircraft which presently burden broadcasters section (a) above. In those instances, pilot certificates valid in the United who have licensed several remote pickup the full amount of the fee will be re States, would still require the fee pre mobile stations. These remote units are turned or refunded irrespective of the scribed in the rules. used to provide local programing serv amount submitted. 11. As Commission procedures have ice and we feel efforts to improve such 8. Though we are not proposing that evolved over the years, it has developed service should not warrant additional aircraft stations be exempt from the pay that mobile stations are subject to di fees. ment of fees, our study of the matter verse application procedures in the 14. An area to which we have devoted has caused us to propose an amendment Broadcast, Safety and Special, and Com considerable study is the handling of of §1.1105. That section currently ex mon Carrier Radio Services. Though applications for assignment of license or cepts from the payment of fees applica these differences in procedure may be transfer of control.5 We have found that tions filed for the sole purpose of modi necessary generally, our review to date the procedures in the Broadcast, Safety fying authorizations in order to meet new indicates that steps should be taken at and Special, and Common Carrier Bu requirements of the Commission’s rules. this time to amend the fee rules so that reaus are nearly consistent as they re Since certain of our licensees are subject mobile stations are accorded more uni late to the assessment of fees for ap to the regulatory authority of other Fed form treatment with respect to the pay plications for assignment of license. The eral Government agencies and could be ment of application filing fees. only variation we note is that a fee is required to modify their radio authori 12. Presently, in the Safety and Spe presently prescribed for each remote zations as a result of changes in the cial and Common Carrier Services, an pickup mobile unit licensed under Sub rules of those agencies, we would extend applicant for a base station license may part D of the Auxiliary Broadcast Serv the exemption in § 1.1105 to modifica also specify the number of associated ices. This difference should be cured by tions required by changes in the rules of mobile units which will be required. In our previously stated proposal to treat all other Federal Government agencies.3 those instances, a fee is required for each the remote pickup mobile units of a main 9. Presently, § 1.1105 applies only to base station applied for but no additional station as one for purposes of the pay amendments of outstanding authoriza fee is charged with respect to associated ment of fees. tions. We v/ould amend § 1.1105 to make mobile units authorized in the same li 15. A seeming disparity exists with it applicable to amendments of pending cense. (Subsequent modification appli respect to the handling of applications applications which are required by cations requesting additional mobile for transfer of control. In the Safety changes in the rules of either this Com units require the prescribed fee.) How and Special Services (excepting Citizens mission or another Federal agency, e.g., ever, in the Auxiliary Broadcast Services, licensees), one fee covers all the licenses in the Broadcast Services a pending ap each installation is licensed separately which are to be affected by the transfer plication for a construction permit to and each application is required to be of control of the corporation holding construct a television station might re accompanied by the prescribed $30 fee. those licenses. However, in the Common quire a major amendment if the rules Certain of these auxiliaries are mobile Carrier and Broadcast Services, a fee is governing TV allocations were changed stations and are operated in essentially required for each station or license to be to affect the allocation of the channel the same manner as those Safety and affected by the transfer of control. An applied for. Special and Common Carrier mobile sta examination of the reasons for this varia 10. We propose to add a new paragraph tions associated with base stations. tion in procedure discloses that the ap to § 1.1105 which would exempt from the Therefore, in order to achieve greater proach taken with respect to such ap Payment of fees all applications filed by uniformity with respect to the fee con plications is justified. The determina aliens pursuant to reciprocal radio li siderations accorded such units, we are tion which must be made with respect censing agreements.8 This exemption is proposing that § 1.1111 of the rules gov to applications for transfer of control in proposed with the understanding that erning fees applicable to the Broadcast the Common Carrier and Broadcast foreign countries with which we enter Services be amended to provide that the Services is substantially more far reach into reciprocal radio licensing agree fee for the base station will cover all ap ing than that which must be made with ments will accord the same courtesy to plications filed at the same time by a respect to similar applications in the u.S. citizens. (Neither Canada nor Costa main station with respect to its mobile Safety and Special Services. Common “ica, with whom we presently have re units licensed as remote pickup mobile Carrier and Broadcast licenses are in ciprocal radio licensing agreements, stations under Subpart D of Part 74 of variably essential to the business of the charges U.S. Citizens applying pursuant the rules. Where a main station has no corporate licensee while Safety and Spe to those agreements.) However, if this remote pickup base station, one fee would cial licenses are nearly always incidental cover all the remote pickup mobile sta to the business of the corporate licensee. should not prove to be the result of the tions licensed to that station under Sub The possibility of conflicts of interest or exemption, the rule could be revised ac part D of Part 74.“ However, these pro violation of rules and policies govern cordingly. it should be noted that ap- posed changes would apply only to ing ownership or control of radio sta applications filed at one time. Subse tions is apparent in connection with ap an aviation or railroad licensee could quent applications for additional mobile plications for the transfer of control of tin* ly be re(iuired by the Federal Avia- c n "gency or the Interstate Commerce station or stations, or for modification corporations holding Common Carrier hia !f (b) Pees are not required in the fol Application for modification of con- Other Radio Applications lowing instances: struction permit or license______$10 (1) Applications filed by tax exempt Application for license for operation Application for assignment of an au organizations for the operation of sta of a rural subscriber station at tem thorization or transfer of control porary-fixed locations______!__ _ 10 (a separate $10 fee is required for tions providing noncommercial educa Application for license or modifica each license or construction permit tional broadcast services, whether or not tion of license for individual sub covered by the application)_____ $10 such stations operate on frequencies al scriber stations______5 All other Common Carrier Radio located for noncommercial educational Application for renewal of license__ _ 5 applications______10 use. (2) Applications in the AM service P oint to P oint Microwave Radio Services Common Carrier Ñon-Radio Applications requesting only authority to determine Application for construction permit or Applications by Communications Com antenna power by direct measurement. for modification of construction per mon Carriers for Authorization to (3) Applications filed for covering li mit to add or change point(s) of Own Stock in the Communications censes in the Auxiliary Broadcast Serv communication or to increase serv Satellite Corporation______... $10 ices. ice to existing points of communi Section 214 Applications by Telephone cation or for relocation of facilities x_ $30 Companies______50 5. Section 1.1113 is amended to read All other- applications for construction Section 214 Applications by Telegraph as follows: f permits or modification' of construc Companies__ __\______10 tion permits (no fee required when Cable Landing License Applications.. 100 § 1.1113 Schedule of fees for Common filed as part of a modification appli Section 221 Applications______50 Carrier Services. cation requiring a $30 fee)______10 Interlocking Directorate Applications. 10 Application for license for operation of All Other Common Carrier non-radio Applications filed for Common Car a station at temporary-fixed loca Applications______;______10 rier Services shall be accompanied by tions ______30 the fees prescribed below: Application for modification of license. 10 6. In § 1.1115, paragraph (a) is Application for renewal of license__ 5 amended and paragraph (b) (9) is added Domestic P ublic Land Mobile Radio to read as follows: S ervice 1 Local T elevision Transmission S ervice § 1.1115 Schedule of fees for Safety Application for initial construction Application for construction permit permit or for relocation of a base or for modification of construction and Special Radio Services. station (including authority for mo permit to add or change point(s) of (a) Except as provided in paragraph bile units, blanket dispatch station communication or to increase service authority,2 and standby transmitters to an existing station location or for (b) of this section, all formal applica without independent radiating sys relocation of facilities4______$30 tions filed in the Safety and Special Ra tems) 8 4______$75 All other applications for construc dio Services shall be accompanied by Application for initial construction tion permits or modification of con the fees prescribed below: permit or for relocation of a dispatch struction permits (no fee required station,6 control station or repeater when filed as part of a modification Applications in the Amateur Radio statio n 4__;___ __*______25 application requiring a $30 fee).___ 10 Service : Application for modification of con Application for license for operation For Initial and Renewed Licenses— $4 struction permit or license for base of an STL station at temporary-fixed For Modification of License------2 station, dispatch station, control locations ______30 Request for Special Call Sign Pur station or repeater station at an Application for license for operation of suant to § 97.51------—:---- 20 existing station location______10 a mobile television pickup station.. 30 Applications in the Citizens Radio Application for renewal of license for Application for modification of li Service: base station______25 cense ___ 10 For Class A Station Authorization— 10 For All Other Classes of Stations in Application for renewal of license for Application for renewal of license.__ 5 8 dispatch station, control station or the Citizens Radio Service------repeater station____ iq International F ixed P ublic Radiocommuni Applications for Radio Station Author Application for license, modification of cation Services izations for Operational Fixed Microwave Radio Stations: license, or renewal of license for in International Fixed Public Station : 30 dividual mobile stations______5 For construction permit------Application for an initial construc For modification of authorization— 10 Rural Radio Service tion permit for a new station or Applications for Common Carrier an additional transmitter (s) at an Public Coast Stations in the Application for an initial construction authorized station 4______$100 Maritime Radio Services: permit or for relocation of facili Application for construction permit For construction permit------50 ties 4_------$10 for a replacement transmitter(s) For modification of authorization— 10 at an authorized station (no fee Applications for Renewal only for 1 In this service each transmitter at a fixed will be charged for application for 4 location is a separate station notwithstand which FCC Form 405A is prescribed. modification of license to delete All Other Applications Filed in the ing the Inclusion of more than one such sta transmitter being replaced if both 10 tion on a single authorization or under a applications are filed simultane- Safety and Special Radio Services— single call sign. ously) ------50 2 When included as part of a base station Application for change of location (b) * * * application, a request for blanket dispatch of an authorized station______100 (9) Applications for license to cover station authority made pursuant to the pro Application for modification of construction permit. visions of § 21.519(a) of this chapter does license___ ;______10 not require an individual application or fee. Application for renewal of license. _ 75 [F.R. Doc. 65-3013; Filed, Mar. 23, l965* A request for such dispatch station authority International Control Station: 8:48 aun.] filed separately from a base station construct Application for an initial construc tion permit application requires an applica tion permit for a new station or tion for modification of license and an appro an additional transmitter(s) at [ 47 CFR Part 73 1 priate fee. an authorized station4______30 3 An application for a standby transmitter Application for construction permit Docket No. 15911, RM-662; FCC 65-223] having its own independent radiating sys for a replacement transmitter(s) tem requires the same fee as a base station at an authorized station (no fee BROADCAST STATIONS, CLEWIS- application. will be charged for application for 4 No additional fee will be charged for ap modification of license to delete ‘ON, COCOA BEACH, WEST PA plications for license to cover a construction transmitter being replaced if both (EACH AND MIAMI, FLA. permit unless there is a modification or varia applications are filed simultane tion of outstanding authority involved. In ously)______10 Table of Assignments that event the appropriate fee for modifica Application for change of location of tion is applicable. an authorized station______30 . Notice of proposed rule makn^Jg 6 This fee applies to any request for dis Application for modification of patch station authority not made pursuant lic e n se ______10 eby given with respect to the to § 21.519(a) of this chapter. Application for renewal of license— 10 3827 Wednesday, March 24, 1965 FEDERAL REGISTER 2 On September 22, 1964, WJNO Ra ing that WJNO has not made the showing a shift). With respect to WJNO’s re dio’licensee of AM Station WJNO, West required by § 73.208(a) (4) of our rules quest for a show-cause order directed to Palm Beach, Fla., filed a “Petition for that “a transmitter site is available that WRKT-FM, this matter will be dealt with Rule Making and for Order to Show would meet the minimum separation re at a later stage of the proceeding if ap Cause” (RM-662), seeking the addition quirements,” WSKP asserts that if Chan propriate. of a second FM channel—Class C Chan nel 298 were substituted for 282 it would 6. WSKP’s showing concerning avail nel 283—to West Palm Beach, by sub have to find a new site in an area where ability of Channel 244A as a second West stituting Channel 298 for Channel 282 land prices are extremely high, and that, Palm Beach assignment is likewise at Miami and making other changes in instead of the joint AM-FM operation scanty. A site meeting sepration re Florida assignments, as follows: at its downtown Miami AM site which it quirements would have to be some miles now proposes, it would have to run two north of that city; and, limited as it would be to Class A facilities, a station Channel No. separate operations 6' miles apart, at City large additional expense. WSKP ad so located might not be able to provide vances as a counterproposal the assign a signal of the required intensity over the Present Proposed ment of Channel 244A as a second as city. Nevertheless, as with use of Chan signment for West Palm Beach. Noting nel 298 at Miami, we believe this proposal 280A 221A 266,282 ■ 266,281 that this would involve a short separa warrants exploration in rule-making. 226,242,247, 226,242,274, tion between the West Palm Beach ref Any showing concerning use of Channel 256,268,282 256,268,298 244A at West Palm Beach should include 300 283,300 erence point and Station WGBS-FM, West Palm Beach, Fla.— Miami Channel 242, WSKP’s engineer a showing as to whether the required ing statement asserts that sites “could Signal strength over thè city can be The Cocoa Beach change would require be found” which would meet separation provided. operating Station WRKT-FM to change requirements.2 7. In view of the foregoing, comments from Channel 282 to 281, and WJNO re 5. With respect to use of Channel 298are invited on the following alternative quests an order to the licensee of that at Miami, WJNO’s showing as to site proposals to amend the FM Table of As station to show cause why this change availability is a meager one; but, on the signments (§ 73.202 of the rules) : should not be made. Of the six presently other hand, WSKP does not deny that assigned Miami channels, all but 282 are a site would be available, but simply Channel No. occupied; WSKP, Inc. is an applicant states that it would be quite expensive City (BPH-4280) for that assignment. The for it to acquire and make use of one, Present Proposed assignment at Clewiston has not been a consideration appearing to relate pri applied for. marily to WSKP’s convenience rather Alternative 1 ■ 3. In support of its petition, WJNO than the public interest. Taking into asserts the importance of West Palm account the fact that Channel 298 could Clewiston, Fla------280A 221A Beach (1960 Census population 56,208) be used at Miami and 300 at West Palm Cocoa Beach, Fla_____ - 266,282 266,281 and the need for a second competitive Beach with no problem if city-to-city Miami, Fla______226,242,247, 226,242,247, PM assignment at that city, which now 256,268,282 256,268,298 distance were used (i.e., in the absence West Palm Beach______300 283,300 has one FM station authorized (WPBF, of the location of existing Station WPBF Channel 300). We note that this city a few miles south of West Palm Beach) Alternative 2 has three fulltime AM stations (including we believe exploration of this possibility WJNO, a Class IV facility), and at neigh in rule-making is warranted. However, West Palm Beach, Fla__ 300 244A, 300 boring Palm Beach (population 6,056) we emphasize that in this connection (as there are a fulltime (Class IV) AM sta well as concerning use of Channel 244A tion and a Class C FM station (WWOS). at West Palm Beach, discussed below) a 8. Authority for the adoption of the West Palm Beach also has two operating showing of availability of a site meeting amendments proposed herein is con television stations. With respect to use m in im u m separations must be consider tained in sections 4 (i) and (j), 303(r), of Channel 298 as a substitute for 282 ably more specific than anything so far and 307(b) of the Communications Act at Miami, in its engineering statement herein. We note that the proposal would of 1934, as amended. WJNO notes that, to meet minimum require shift of Station WRKT-FM, 9. Pursuant to applicable procedures jmleage separations with respect to the Cocoa Beach, from 282 to 281; but, in set out in § 1.415 of the Commission’s Channel 300 West Palm Beach station, view of the small shift involved it appears rules and regulations, interested persons a station on Channel 298 at Miami likely that neither inconvenience to the may file comments on or before April 20, would have to be located more than 5 public nor cost to the licensee would be 1965, and reply comments on or before fciles south of the standard Miami refer great. In its reply WJNO suggests that April 30, 1965. All submissions by par ence point, but that “suitable sites could ties to this proceeding or by persons act oe found” to meet this requirement. any authorization issued for Channel 283 at West Palm Beach could be condi ing on behalf of such parties, must be 4. Oppositions to the petition were filed made in written comments, reply com (1) WRKT-FM, Cocoa Beach, on the tioned on payment to WRKT-FM of ments, or other appropriate pleadings. °* a®serted dislocation of service reasonable costs of the changeover. In 10. In accordance with the provisions h public which would be entailed making this proposal, we anticipate some of § 1.419 of the Commission’s rules and oy smiting from 282 to 281, and the cost condition looking in this direction, in regulations, an original and 14 copies of w such a shift; and (2) WSKP, Inc., the line with our action today assigning all comments, replies, pleadings, briefs, e^ni Channel 282 applicant.1 Assert- Channel 221A to Hialeah (which requires and other documents shall be furnished the Commission. B rl^er1,statements were filed by Gard tioned argument is rejected, for reasons stated in the Report and Order in Docket Adopted: March 17, 1965. Ä Ä ' f r of w ea t F lag of R egistry, N ame of S h ip—Continued F lag of Registry, Name of Ship—Continued DEPARTMENT OF COMMERCE Gross Gross Maritime Administration British—Continued tonnage Lebanese—Continued tonnage »»Kirriemoor (now Jhelum—Paki M a n tr ic ______7,255 [Report No. 52] stani flag)______5,923 •Maria Despina______7,254 La Hortensia ______^ ______9,486 Maria Renee;____r ______7,203 LIST OF FREE WORLD AND POLISH Linkmoor ______8,236 M arichristina ______;______7,124 FLAG VESSELS ARRIVING IN CUBA Magister ______2,339 M arym ark ______4,383 SINCE JANUARY 1, 1963 M aratha Enterprise______7,166 M ersinidi ______6,782 Nancy Dee______6, 597 M im o s a __ - ______7,314 S ection 1. The Maritime Administra »Nebula ______,___ ,______8,924 M ousse _____ — ______6,984 tion is making available to the appropri N ew dene______7,181 N ic tr ic ______7,296 ate Departments the following list of Newforest ______7,185 N o e lle ...... 7,251 Newgate______6, 743 N o e m i ______!______7,070 vessels which have arrived in Cuba since Newglade ______7,368 O l g a ______7,199 January 1, 1963, based on information Newgrove______7,172 P a n a g o s ______,. 7,133 received through March 15, 1965, ex N ew heath__ ;______5,891 P a rm a rin a ______;______6,721 clusive of those vessels that called at Newhill ______.____— — ____ 7,855 »»Razani (broken up) ______7,253 Cuba on United States Government- Newlane______7,043 R en ek a ______7,250 approved noncommercial voyages and Newmeadow______5, 654 R io ;______;______7,194 those listed in section 2. Pursuant to Newmoat ______7,151 St. Anthony ______5,349 O ceantram p______6,185 St. Nicolas______7,165 established United States Government Ocean travel______10,477 S a n G eorge______;— 7,267 policy, the listed vessels are ineligible to P eo n y ______9,037 S a n J o h n ______5,172 carry United States Government- Redbrook ______7,388 San Spyridon ___ - ______7,260 financed cargoes from the United States. Ruthy Ann______7,361 S t e v o ______7,066 **St. Antonio (now Maltese flag). F lag of Registry and Name of S h ip T ax iarh is ______,______7,349 Sandsend ______7,236 T e r t r i c ______7,045 Gross Santa Granda______. 7,229 Theodoros Lemos______— 7,198 tonnage Sea Amber______10, 421 T heologos ______6> 529 Total, all flags (237 ships)_ 1,647, 795 Sea Coral.______10,421 T o u la ______—______4,561 Sea Empress______16,074 T ro y an ______7,243 British (77 ships)______568.170 S hienfoon______7,127 V assiliki ______—— T, 192 Shun Fung______7,148 V a s tric ______ß’45® * * Amalia (now Maltese flag). Soclyve ______7,291 Vergolivada ______6> * * Amazon River (now River—sold »♦Southgate (previous trips to Y anxilas ______10> to Dutch breakers)______7,234 Cuba under ex-name, Arlington Antarctica ______8, 785 Court—British flag)_- ______9,662 Greek (38 ships)______273,610 Ardenode ______7,036 Stanwear ______8,108 Ardgem ______6,981 Suva Breeze______4,970 Agios Therapon------5,617 Ardmore ______4, 664 Swift River______7,251 Akastos ______7,331 A rd p atrick ______7,054 »»Thames Breeze______7,878 7,189 Ardrowan ______l_ 7,300 »»Timios Stavros (now Maltese * * Ambassade (sold Hong Kong A rd siro d ______7,025 flag—Previous trips to Cuba shipbreakers) ------8,600 under Greek flag)______5, 333 Americana______7,104 A rd ta ra ______5,795 7,359 * »Arlington Court (now South- V e n ic e ______■______8, 611 Anacreon------7,187 gate—British flag). Vercharmian ______7,265 Anatoli ______Athelcrown (Tanker)______11,149 V ergm ont______7,381 * »Andromachi (previous trips to Athelduke (Tanker)______9,089 West Breeze______8, 718 Cuba under ex-name, .Pe Yungfutary ______5,388 nelope—Greek flag)------6,712 Athelmere (Tanker)______7,524 5,171 Athelmonarch (Tanker)______11,182 Yunglutaton ______;______5,414 A n to n ia______9,744 Athelsultan (Tanker)______9,149 Zela M______7,237 Apollon —------7,091 Avisfaith ______7,868 Armathia ______7,216 Athanassios ------Baxtergate ______8, 813 Lebanese (59 ships)______395,914 7,084 Canuk Trader______7,151 B arbarino------7,249 »»Chipbee (now Stanwood—Libe Calliopi Michalos------7,291 rian flag)______7,271 Agia Sophia______3,106 Capetan Petros-----;------:------8,418 * »Cosmo Trader (trips to Cuba Aiolos II______7,256 »»Embassy (broken up)— ------7,244 under ex-name, Ivy Fair—Brit Ais Giannis______6,997 Flora M------—~~— ish flag). A k am as______—______7, 285 * »Gloria (now Helen—Greek 7,128 D a ire n ______, 4,939 A1 Amin______- ______7,186 flag) ______*------East Breeze____ .______8, 708 A la sk a ______6,989 * »Helen (trip to Cuba under ex Eastfortune ______8, 789 Anthas ______7, 044 name, Gloria—Greek flag) • 7,232 E ir in i______- ______7,402 A n to n is______6,259 Irena ------;------7,275 Formentor ______8,424 A r e s ___ -______4, 557 Istros II------■------■------■------5,032 Free Enterprise-______6, 807 A re ti___— ____ — 7,176 Kapetan Kostis------6,888 Free Merchant______5,237 A ristefs______6,995 Kyra Hariklia— ------7,245 A stir______5, 324 »»Qarthdale (now Jeb Lee—B rit Maria Theresa------7,147 ish flag)______7, 542 A th am as______. 4, 729 M arigo------C arn atio n ______— --- 4, 884 7,369 Grosvenor Mariner______- 7, 026 M aroudio------7,282 Hazelmoor ______7,907 **Christos (trip to Cuba under Mastro-Stelios II------— 7" H elka______— 2, 111 ex-name, Pamit—Greek flag). * »Nicolaos F. (previous trip to Hemisphere-' ______8, 718 C laire______:______5,411 Cuba under ex-name, Nicolaos C r i s ______6, 032 Ho Fung------7,121 Frangistas—Greek flag). In c h sta ffa______5,255 D im o s______7,187 Free Trader______7, 067 * »Nicolaos Frangistas (now Nic - 7,199 »»Ivy Fair (now Cosmo Trader— laos F.—Greek flag)------British flag)______7,201Giorgos Tsakiroglou------7,240 G ranikos______7,282 * »Pamit (now Christos—Lebanese 3,929 **Jeb Lee (trip to Cuba under ex Ilena ______- 5,925 flag)...... - ...... ^ 7,131 name, Garthdale—British flag). Ioannis Aspiotis______7,297 Kinross ______5, 388 P an tan assa------7,144 Kalliopi D. Lemos______5,103 Paxoi * »Ships appearing on the list that have Katerina ______.;______9,357 L e ftric ______— . 7,176 •Added to Report No. 51, been scrapped or have had changes in name FEDERAL R egister issue of March 3, and/or flag of registry. Malou ___ __- ______.—- 7,145 3828 Wednesday, March 24, 1965 FEDERAL REGISTER 3829 Flag of Registry, Name op S h ip —Con tin u ed F lag o p Registry, Name op Sh ip—Continued Sec. 2. In accordance with approved Gross Gross procedures, the vessels listed below which Greek—Continued tonnage Finnish—Continued tonnage called at Cuba after January 1, 1963, •♦Penelope (now Andromachl— »Margrethe Paulin______7,251 have reacquired eligibility to carry Greek flag). Ragni Paulin.______6,823 United States Government-financed car ♦•Plate Trader (trip to Cuba Valny (Tanker)______11,691 goes from the United States by virtue of . under ex-name, Stylianos N. the persons who control the vessels hav Vlassopulos—Greek flag). Maltese (3 ships)------21,164 ing given satisfactory certification and ♦♦Presvia (broken up) ------10,820 7,128 * »Amalia (previous trips to Cuba assurance: 5,911 under British flag)—------7,304 (a) That such vessels will not, thence ♦♦Seirios (broken u p )------7,239 Ispahan ______7,156 forth, be employed in the Cuba trade so 7,030 **St. Antonio (previous trip to long as it remains the policy of the ♦♦Stylianos N. Vlassopulos (now Cuba under British flag)______6,704 United States Government to discourage Plate Trader—Greek flag)------7,244 **Timios Stavros (trips to Cuba such trade; and ♦♦Timios Stavros (formerly B rit under British flag and Greek (b) That no other vessels under their ish flag—now Maltese flag). flag). =====1 control will thenceforth be employed in 7, 362 Swedish (3 ships)------17,133 the Cuba trade, except as provided in Western Trader------9,268 paragraph (c) ; and * * Amfred (now Hermia—Finnish (c) That vessels under their control Polish (16 ships)— -----£2------—— - 112, 779 flag)______2,828 which are covered by contractual obliga * »Atlantic Friend (now Atlantic tions, including charters, entered into Baltyk______- 6,963 Venture—Liberian flag)------7,815 prior to December 16, 1963, requiring Bialystok______—------7,173 Dagmar______6,490 Bytom. ______5,967 their employment in the Cuba trade Chopin______— 6,987 Netherlands (2 sh ip s).------999 shall be withdrawn from such trade at Chorzow______7, 237 the earliest opportunity consistent with Huta Florian______- 7, 258 M eike ______500 such contractual obligations. Huta Labedy______7,221 T em po______499 Huta Ostrowiec____ I______7,175 F lag of R egistry and Name of S h ip Huta Zgoda______6, 840 Norwegian (2 ships)------10,002 Kopalnia Bobrek______*— 7,221 a. Since last report: Gross Kopalnia Czeladz______7,252 Ole B ra tt..------5,252 Greek (1 sh ip ): tonnage Kopalnia Miechowice______7, 223 **Tine (now Jezreel—Panamanian E v e re st__ -i______;______7,031 Kopalnia Siemianowice______7,165 flag)______4,750 Kopalnia Wujek______7,033 Israeli (1 ship): D a n ie la ______—— ------908 Piast______3,184 Cypriot (1 ship) : Transportowiec______10,880 Adelphos Petrakis------7,134 Number b. Previous reports: of ships Italian (13 sh ip s) 104,492 Kuwaiti (1 ship) : Flag of registry (total)—------75 Achille______;______6,950 M a h a ______- 1» 392 B ritish ______——— ------33 Agostino Bertani______8,380 Nationalist Chinese: Andrea Costa (T anker)______10,440 * * Chen Chang (trip to Cuba under Danish ______1 Aspromonte______7,154 ex-name, Somalia—Italian flag). F in n is h ______1 Giuseppe Giulietti (T anker)_____ 17, 519 Liberian: French ------1 Mariasusanna ______2,479 * »Atlantic Venture*(trip to Cuba German (W est)------1 Montiron______1 ,595 1 Nazareno______7,173 under ex-name, Atlantic G reek ______------21 Nino Bixio______■ - "■-> 8, 427 Friend—Swedish flag). I ta lia n ------5 »»Stanwood (trips to Cuba under Jap an ese------1 San Francesco______9,284 ex-name, Chipbee — British San Nicola (T anker)______12,461 L ebanese------1 Santa Lucia______,______9,278 flag). Norwegian ------—------— ^ Panamanian: S p a n ish ------6 *‘Somalia (now Chen Chang— * »Jezreel (trip to Cuba under ex Nationalist Chinese flag)______3,352 name, Tine—Norwegian flag). S ec. 3. The ships listed in sections 1 Yugoslav (7 ships)______49,926 P a k istan i: »»Jhelum (trip to Cuba under ex and 2 have made the following number of Bar______name, Kirriemoor—British flag). trips to Cuba since January 1, 1963, 7,233 based on information received through cavtat__ 7, 266 »Added to Report No. 51, appearing in the Cetlnje____ 7, 200 F ederal R egister issue of March 3, 1965. March 15,1965 : °ugi Otokllllll” "" 6,997 Mojkovac ______7,125 Number of trips Promina___ III” 6,960 ’Trebisnjica (wrecked) 7,145 1965 Flag of registry 1964 Total Prench (6 ships)______16,391 1963 Deo. Jan. Feb. Mar. Circe____ Jan.-June July-Sept. Oct. Nov. Bnee.l 2.874 1,232 14 8 9 9 7 329 Poulaya_____~~~ 3, 739 British------133 100 49 2 1 166 Mungo___ ' Lebanese...... 64 49 30 3 4 S 8 4, 820 99 16 9 1 1 128 Nelee___'~~~ Greek______5 3 2 1 1 41 Neve__ 2.874 Italian______16 10 25 852 Spanish...... 8 8 6 2 1 Norwegian------14 7 1 1 1 24 6 2 22 Moroccan (5 ships) Moroccan______9 5 2 25 35, 828 Yugoslav______12 4 5 2 1 4 1 1 2 17 Atlas____ French.------8 1 6 ------10,392 Swedish___------3 2 5 Ban ora 1 1 ...... 2" .....r :::::: ______3,082 Finnish______1 1 ...... 2’ 4 Marrakech" Netherlands______2 1 3 ______3,214 1 1 2 Mauritanie ______10, 392 2 Toubkal______8, 748 Kuwaiti______- 1 Cypriot_____ —— 1 1 Finnish (4 ships)___ _ Danish______1 ____ _ 32,861 Germany (West)— 1 1 1 Augusta Paulin _ 19 25 24 11 4 803 Sub total------370 203 121 26 1 37 S ” “1? (triP to" Cubä ünder i Polish...... - 18 9 3 1 1 2 2 %t me Amfred—Swedish flag). 12 4 840 Grand total...... - 388 212 124 27 20 27 26 beenSshc?aL?HPearlng on the list and/or fiJ!?6? or Mave had chang N ote: Trip totals in this section exceed ship totals in Sections 1 and 2 because some of the ships made more than /or flae of registry. one trip to Cuba. No. 56------4 3830 NOTICES By order of the Deputy Maritime Ad The agreement, adopted pursuant to Without limiting the scope of the is ministrator. unprotested notices to the carriers and sues to be considered, particular atten Dated: March 17, 1965. promulgated in IATA Memoranda TCI/ tion will be directed to the following Rates 2111, 2112, and-2118, results in re matters: J ames S. D awson, Jr., duced rates as follows: 1. Do the public convenience and ne Secretary. Item 100—“All Commodities” and parts cessity require the renewal of Kodiak’s [F.R. Doc. 65-2994; Filed, Mar. 23, 1965; thereof: certificate in whole or in part and, if so, 8:47 a.m.] From 56 to 48 cents per kg., minimum do the public convenience and necessity weight 500 kgs.; from 49 to 41 cents per kg., require and should the Board, pursuant minimum weight 1,000 kgs.; New York to to section 401 of the Act, alter, amend, Barbados. From 50 to 38 cents per _kg., minimum or modify such certificate so as to rede DEPARTMENT OF THE INTERIOR weight 500 kgs.: from 43 to 36 cents per kg., scribe Kodiak’s operating authority; Bureau of Land Management minimum weight 1,000 kgs.; New York to 2. Is Kodiak fit, willing and able to Antigua. provide such air transportation as may be required by the public convenience MONTANA Further, the agreement names additional Change of Location of Land Office and necessity under item (1) above; and specific commodity rates as set forth 3. If the application, or any part M arch 17, 1965. below: thereof, is granted what should be the Notice is hereby given that the Mon Item 0007—Fruits and/or Vegetables: 13 duration of the certificate and what tana Land Office, Bureau of Land Man cents per kg., minimum weight 2,000 kgs.; terms, limitations, or conditions, if any, agement in Billings, Mont., will Change Caracas to New York. should be attached to any such certifi Item 2900—Artificial or Ornamental location to the third floor, New Federal Flowers, Fruits, Vegetables, Grasses, Grains, cate or authority that may be granted Office Building, between 3d and 4th Leaves, Stems and/or Articles made thereof: to Kodiak herein? Avenues on North 26th Street, Billings, 11 cents per kg., minimum weight 500 kgs.; For further details of the issues in Mont. The new mailing address will be Guatemala to Houston. volved in this proceeding, interested per 316 North 26th Street, Billings, Mont. sons are referred to the applications and This change will be effective at 10 a.m., Pursuant to authority duly delegated any amendments thereto, petitions, mo Monday, April 19, 1965. All filings sub by the Board in the Board’s regulations, tions, and orders entered in the docket sequent to 3 p.m., Friday, April 16 will be 14 CFR 385.14, it is not found that the of this proceeding, all of which are on received in the filing receptacle at the subject agreement is adverse to the pub file with the Civil Aeronautics Board. lic interest or in violation of the Act, pro Federal Office Building. Any applica Dated at Washington, D.C., on March tions, payments or other documents re vided that approval thereof is condi ceived at that location during this period tioned as hereinafter ordered. 18, 1965. will be deemed as having been simultane Accordingly, it is ordered, That Agree [seal] Merritt Ruhlen, ously filed at 10 a.m., m.s.t., April 19, in ment C.A.B. 17666, R-95 through R-97, Hearing Examiner. accordance with Title 43, Code of Fed be approved, provided that such approval [F.R. Doc. 65-3007; Filed, Mar. 23, 1965; eral Regulations, § 1821.2-1-2-3. The shall not constitute approval of the spe - 8:48 a.m.] filing receptacle at 1245 North 29th Street cific commodity descriptions contained will be closed during this period. therein for purposes of tariff publica All of the functions, offices, and serv tions. MERCURY SERVICE SYSTEMS, INC. ices of the State Headquarters of the Persons entitled to petition the Board Bureau of Land Management will for review of this order pursuant to the Notice of Proposed Approval change to the new address on or about Board’s regulations, 14 CFR 385.50, may Notice is hereby given, pursuant to the April 16. There will be no interruptions file such petitions within ten days after statutory requirements of section 408(b), in services. the date of service of this order. that the undersigned intends to issue the R. P aul R igtrup, This order shall be effective and be attached order under delegated author Manager, Land Office. come the action of the Civil Aeronautics ity. Interested persons are hereby af Board upon expiration of the above pe forded a period of fifteen days from date [F.R. Doc. 65-2990; Filed, Max. 23, 1965; riod unless Within such period a petition of service within which to file comments 8:46 a.m.] for review thereof is filed, or the Board or request a hearing with respect to tne gives notice that it will review this Order action proposed in the order. on its own motion. Dated at Washington, D.C., March 19, CIVIL AERONAUTICS BOARD This order will be published in the 1965. F ederal R egister. [Docket 15353; Order No. E-21923] 1EAL] J. W. ROSENTHAL, [seal] H arold R . S anderson, Chief, Routes and Agreements INTERNATIONAL AIR TRANSPORT Secretary. ASSOCIATION [F.R. Doc. 65-3006; Filed, Mar. 23, 1965; 8:48 a m .] Order Relating to Specific Commodity [Docket 15736] Rates rder Approving Control R elationships [Docket 14498] M arch 18, 1965. pplication of M ercury Service Agreement adopted by Traffic Confer KODIAK RENEWAL CASE , for disclaimer ofjunsdictio:=e0tton 4«8 ence 1 of the International Air Transport ;ontrol relationships und . 195g as Association relating to specific commod Notice of Hearing the Federal Aviation Act of l ity rates, Docket 15353, Agreement C.A.B. Notice is hereby given pursuant to the iS S n * 16, 1961 W<*tem 17666, R-95 through R-97. Federal Aviation Act of 1958, as amend Inc., d /b /a WTC Air f i ions There has been filed with the Board, ed, that a hearing in the above-entitled plaint with the Boa^ h^ gi? fiation Act pursuant to section 412(a) of the Federal proceeding will commence Monday, ection 408 of the FederalAviatio Aviation Act of 1958 (the Act) and Part April 26, 1965, at 9:30 a.m. (local time), L958, as amended (the Act •JT c o n - in Room 117, Federal Office Building, i the unauthorizedJ^sitio 261 of the Board’s economic regulations, of General Air Freight, - jive’s an agreement between various air car First and Marian Streets, Seattle, Wash., >mestic air freight forwarder, by^ ^ riers, foreign air carriers, and other before Examiner Merritt Ruhlen. At or Transportation, Inc., Mercury carriers, embodied in the resolutions of the close of the session in Seattle, the ght, Inc., Airline £ General hearing will be adjourned until Wednes Freight, Inc. (Air Freight) the Traffic Conference 1 of the International day, April 28, 1965, when it will recon :el Delivery Co. On g J U - Air Transport Association (IATA), and vene at 10; a.m. (Alaska time), in the ctor of the Board’s Bureau^^ ^ adopted pursuant to the provisions of Conference Room of the.. Little Red it filed a petiti Resolution 590 dealing with specific com Schoolhouse, Kodiak Naval Station, Ko 2R041 stating modity rates. diak, Alaska. 3831 Wednesday, March 24, 1965 FEDERAL REGISTER except for Dave’s Motor Transportation, is the largest single block. We also note that [Docket 15948; Order No. E-21928] which had disposed of its stock interest in Mr. Roper, the owner of 91 percent of the TRANS WORLD AIRLINES, INC. General, were in violation of certain sec outstanding stock of Mercury, and Alfred tions of the Act. By Order E-19755, dated Nigro, holder of 6.69 percent of the outstand Order Permitting Discussions July 2, 1963 the Board found that Atlantic ing stock of General, have agreed that, in Air Freight and Air Line Express had dis the event Mr. Nigro wishes to sell his stock Adopted by the Civil Aeronautics posed of their stockholdings in General and in General, Mr. Roper will purchase such Board at its office in Washington, D.C., dismissed the proceeding as it applied to such stock. Thus, we have concluded that Mer on the 19th day of March 1965. companies. By Order E—21420, October 20, cury controls General within the meaning of By letter dated March 15, 1965, Trans 1964, the Board terminated the proceeding section 408 of the Act. World Airlines, Inc. (TWA) requests in Docket 12604 effective at such time as We have also concluded that Mercury Mercury Service Systems, Inc. (Mercury) controls Air Freight, a company performing authority from the Board to discuss at filed an application with the Board request air freight cartage service in the New York the forthcoming Air Traffic Conference ing (a) approval under section 408 of the Act City area. Although Mercury has sold its (ATC) meetings, commencing on March with regard to relationships resulting from 100 percent stock interest in Air Freight, it 23, 1965, ways and means by which the its common control of Air Freight and Gen has only transferred 5 percent of such stock domestic trunkline carriers and “certain eral or, in the alternative, (b) a disclaimer of to Mr. Vitale and placed the remaining 95 other U.S. carriers” can be of assistance Jurisdiction over such relationships. percent in escrow with the Manufacturers to the Board in its efforts to continue cer On December 9, 1964 Mercury filed such an Hanover Trust Co., pending payment by Mr. application.1 The application indicates that Vitale of his obligations to Mercury.4 Since tificated helicopter operations until such Mercury, a company operating a short haul Mercury continues to exercise all voting time as the certificated helicopter air package service with trucks within the New rights of the stock held in escrow, it is carriers are self-sufficient. It is antici York City area, owns 25.05 percent of Gen obvious that Mercury has the power to con pated that these discussions will cover a eral’s voting stock and th a t Mercury’s 100 trol Air Freight. wide, range of subjects relating to the percent interest in Air Freight has been sold Therefore, it is concluded that the com economic problems of the certificated to one of Air Freight’s employees, Anthony mon control by Mercury of General and Air helicopter air carriers, such as adver C. Vitale. Freight creates control relationships within In support of its request for a disclaimer the meaning of section 408 of the Act'. How tising and traffic promotion programs, of Jurisdiction, Mercury states th a t it is not ever, it is further concluded that such rela joint fares and other service arrange a common carrier within the meaning of sec- tionships do not affect the control of an air ments. TWA requests that the author tion 408 of the Act because its services are carrier directly engaged in the operation of ity to hold these discussions among the performed on a limited basis and do not aircraft in air transportation, do not result interested air carriers extend beyond the require operating authority from any State in creating a monopoly and do not restrain f ormal meetings of the ATC member car or Federal regulatory agency; th at all of Gen competition. Furthermore, no person dis riers and permit such concurrent and eral’s stock is held in an irrevocable voting closing a substantial interest in this pro trust and voted by the trustee who is not ceeding is currently requesting a hearing and subsequent informal discussions as may connected in any way with Mercury3; and it is found that the public interest does not be appropriate both within and outside that substantial blocks of General’s stock require a hearing. The control relation the framework of the ATC machinery. are held by others having no relation to ships are similar to others previously ap To this end TWA requests that the Mercury. proved by the Board and essentially do not Board authorization textend for a mini In support of the alternate request for present any new substantive issues.5 It mum period of ninety (90) days com approval of the control relationships, appli therefore appears that approval of the con mencing on March 23, 1965. cants state that the Board has previously trol relationships would not be inconsistent The Board is particularly concerned held that relationships involving indirect with the public interest. However, should air carriers and local intrastate common car the trucking services of Mercury or Air with the efforts of the certificated heli riers by motor vehicle are not inconsistent Freight be expanded to include, for example, copter industry to work toward economic with the public interest. interstate services, new issues would be sell-sufficiency. Consistent with our in No adverse comments or requests for a raised which could be resolved only upon terest in the economic problems of the hearing have been received. the filing of a further application for prior certificated helicopter air carriers, we Notice of intent to dispose of the applica-. approval of the Board. Accordingly, ap will authorize TWA and the other air tion without a hearing has been published in proval of the foregoing control relationships carriers to conduct such discussions as the Federal Register, and a copy of such shall be effective only so long as the opera may be appropriate at thier forthcom n? * kas been furnished by the Board to tion of motor vehicles by Mercury and Air tne Attorney General not later than the day Freight is limited to the State of New York. ing meetings and for a short period ouowing the date of such publication, both Pursuant to authority duly delegated by thereafter, for the purpose of exploring accordance with the requirements of sec the Board in the Board’s regulations, 14 CFR all possible ways by which assistance tion 408(b) of the Act. 385.13, it is found that the foregoing control may be rendered to the certificated heli . P0!1 consideration of the application, we relationships should be approved under sec copter industry. , decided to assert jurisdiction over the tion 408(b) of the Act, without a hearing. In addition, we are hopeful that the tirmn r,ela*ionships. We do not agree with Accordingly it is ordered. range of subjects under discussion will PP icants’ contention that Mercury is not a 1. That the common control by Mercury also include exploring the possibility of Br^°n,Carrier becahse of the limited geo- of General and Air Freight be and it hereby p ical scope of its operations. The Board is approved; and extending certificated helicopter serv t.niow0nsis1:ently held persons operating 2. That the approval granted herein shall ices to other cities. We will provide that services which are available to the be effective only so long as the motor vehicle personnel from the Board’s staff may Mercur piiblic’ as *s the case with respect to services of Mercury and Air Freight are lim attend these discussions as observers if of u J7’ to ke common carriers regardless ited to the State of New York. their presence should appear necessary tions3 geographical extent of their opera- Persons entitled to petition the Board for and appropriate. Mercu™ , rdingly’ we have concluded that review of this order pursuant to the Board’s Accordingly, acting pursuant to sec H a comrnon carrier within the regulation, 14 CFR 385.50, may file such peti MpI g °f section 408 of the Act. tions within five days after the date of serv tions 204(a), 412 and 414 of the Federal a vnt^ryS arSument that the existence of ice of this order. Aviation Act of 1958, as amended, tion nJL trust ousts the Board of jurisdic- This order shall be effective and become the It is ordered, That, jected seetton 408 of the Act was re- action of the Civil Aeronautics Board upon 1. Trans World Airlines and all other and rPLthl Boar 3. Complete and accurate minutes any amendments thereto, petitions, mo two highways immediately northwest of shall be kept of all such discussions and tions, and orders entered in thè docket the Fort Jackson Restricted Area (R- a true copy thereof shall be filed with of this proceeding, all of which are on 6001). Aircraft following either high the Board’s Docket Section not later than file with the Civil Aeronautics Board. way, one of which is an interstate route thirty (30) days after conclusion of the Dated at Washington, D.C., March 18, now under construction, would pass in discussion; 1965. proximity to the site. This fact was 4. Any agreement, or agreements, borne out during the aeronautical study reached as a result of such discussions [seal] M erritt R uhlen, when several local pilots were inter (together with the minutes of such dis Hearing Examiner. viewed as to the route they fly northeast cussions) shall be filed with the Board [F.R. Doc. 65-3010; Filed, Mar. 23, 1965; of Columbia, each identified a route that in accordance with section 412 of the 8:48 a.m.] would pass near the proposed site. Federal Aviation Act of 1958, as There is an existing taller structure amended, and approved by the Board approximately eight miles northeast of prior to being placed in effect; and the proposed site. To minimize the 5. This order shall be served upon all CIVIL SERVICE COMMISSION overall effect of these two tall structures domestic, overseas and international on the navigable airspace, it is desirable route certificated carriers. MANPOWER SHORTAGE that they be collocated. This order will be published in the Notice of Listing of Positions The erection of a single tall structure F ederal R egister. northeast of Columbia, halfway between Under the provisions of section 7(b) of the city and the existing tall structure, By the Civil Aeronautics Board. the Administrative Expenses Act of 1946, would further derogate the navigable as amended, the Civil Service Commis airspace in the area and nullify the ad [seal] H arold R. S anderson, sion has found, effective March 8, 1965, Secretary. vantages of grouping such structures if that there is a manpower shortage for at all possible. [F.R. Doc. 65-3009; Filed, Mar. 23, 1965^ ^positions of Digital Computer Program Based upon the aeronautical study, it 8:48 a.m.] mer, GS-331-11 and Digital Computer is the finding of the Agency that the Systems Analyst, GS-334-12, in Romney, structure, at the site and height pro [Docket 14092] W. Va. posed, would constitute an unacceptable Comparable positions not subject to obstruction to aeronautical operations WESTERN ALASKA RENEWAL CASE the Classification Act also are covered. in the Columbia/Fort Jackson Area. Notice of Hearing Appointees to these positions may be paid Therefore, pursuant to the authority for the expenses of travel and transpor delegated to me by the Administrator Notice is hereby given pursuant to the tation to their first duty station. (§ 77.37), it is found that the proposed Federal Aviation Act of 1958, as amended, U nited S tates Civil S erv structure would have a substantial ad that a hearing in the above-entitled pro ice Com m ission, verse effect upon the safe and efficient ceeding will commence Monday, April 26, [seal] M ary V. W enzel, utilization of navigable airspace; and it 1965, at 9:30 a.m. (local time), in Room Executive Assistant to is hereby determined that the proposed 117, Federal Office Building, First and the Commissioners. structure would be a hazard to air navi- Marian Streets, Seattle, Wash., before gation. Examiner Merritt Ruhlen. At the close [F.R. Doc. 65-2967; Filed, Mar. 23, 1965; This determination is effective and will of the session in Seattle, the hearing will 8:45 a.m.] become final 30 days after the date of be adjourned until Tuesday, May 4,1965, issuance unless àn appeal is filed under when it will reconvene at 10 a.m. (Alaska § 77.39 (27 F.R. 10352). If the appeal time) , in the Dillingham Grade School is denied, the determination will then Auditorium, Dillingham, Alaska. FEDERAL AVIATION AGENCY become final as of the date of the denial Without limiting the scope of the is [OE Docket No. 65-SO-3] or 30 days after the issuance of the de- sues to be considered, particular atten tion will be directed to the following SOUTH CAROLINA EDUCATIONAL matters: TELEVISION COMMISSION Issued in Washington, D.C., on March 12,1965. 1. Do the public convenience and ne Determination of Hazard to Air G eorge R. Borsari, cessity require the renewal of Western Chief, Obstruction Evaluation Branch. Alaska’s certificate in whole or in part, Navigation and, if so, do the public convenience and The Federal Aviation Agency has cir [F.R. Doc. 65-2980; Filed, Mar. 23, 1W5, necessity require and should the Board, cularized the following proposal for aero 8:45 a.m.] pursuant to section 401 of the Act, alter, nautical comment and has conducted an amend, or modify such certificate so as aeronautical study (SO-OE-4789) to de to authorize: termine its effect upon the safe and effi (a) Service to Koliganek as an addi cient utilization of the navigable air FEDERAL COMMUNICATIONS tional intermediate point on Western space. V Alaska’s present route; South Carolina Educational Television COMMISSION (b) Service to Hkchik Lake during the Commission, Columbia, S.C., proposes to [Docket Nos. 15830-15832; FCC 65M-336) months June, July, and August of each construct a television antenna structure year as an additional intermediate point near Columbia, S.C., at latitude 34°04'- AMERICAN HOMES STATIONS, INC., beyond Koliganek; 40" north, longitude 80°53'35" west. ET AL. (c) Service to New Stuyahok as an ad The overall height of the structure would Irder Continuing Hearing ditional intermediate point on Western be 1,449 feet above mean sea level (1,099 Alaska’s route, feet above ground). applications of American Homes 2. Is Western Alaska fit, willing and The structure would exceed the stand able to provide such air transportation as ards for determining hazards to air navi may be required by the public conven gation as described in § 77.23(a)(1) of ience and necessity under item (1) above; the Federal Aviation Regulations since it • J f * b p H ^ S I Orlando and would be more than 500 feet above File No. /-wn. 3. If the application, or any part ground at the site of construction. & Television p rp a d ^ to if^ j? thereof, is granted what should be the ^ The study disclosed that the structure o Fla., Docket No. 15832, r ne duration of the certificate and what would not require an increase in instru 378; for construction P ^ ® ^ ar- terms, limitations, or conditions, if any, ment flight rule (IFR) altitudes and lant to agreement ot should be attached to any such certificate would have no adverse effect upon IFR ,t during the prehearing co or authority that may be granted herein? operations. the above-styled proceed1^ day For further details of the issues in With respect to the visual flight rules it is ordered, f nis. i0. volved in this proceeding, interested per (VFR) consideration, the structure sons are referred to the applications and would be located at the convergence of Wednesday, March 24, 1965 FEDERAL REGISTER 3833 1965 be and the same is hereby contin L To determine the areas and popu and described applications; (b) the joint lations which would receive primary serv “Petition to Deny,” filed on April 15, ued to May 26,1965, at 10 a.m., in Wash 1963, by Davidson County Broadcasting ington, D.C. ice from the proposed operation and the availability of other primary service to Co., licensee of Station WBUY-AM-FM, Released: March 19, 1965. such areas and populations. Lexington, N.C., and Thomasville Broad F ederal Communications 2. To determine whether the proposed casting Co., licensee of Stations WTNC- Commission, operation would provide coverage of the AM-FM, Thomasville, N.C. (hereinafter [seal] Ben F. W aple, city sought to be served, as required by both referred to as Petitioners), directed Secretary. § 73.188(b) (1) of the Commission’s rules against a grant of the above-captioned and, if not, whether circumstances exist application of Denton Radio Co. (BP- [F.R. Doc. 65-3015; Filed, Mar. 23, 1965; 15510) ; (c) the “Opposition to Petition 8:48 a.m.] which would warrant a waiver of said section. to Deny,” filed on April 30, 1963 by the 3. To determine, in the light of the Denton Radio Company; (d) the “Reply [Docket No. 15882; FCC 65-209] evidence adduced pursuant to the fore to Opposition to Petition to Deny,” filed on May 10, 1963 by the petitioners; and CAROLINA RADIO BROADCASTING going issues, whether a grant of the ap plication would serve the public interest, (e) the letter, filed on October 13, 1964, CO. convenience and necessity. by the petitioners. It is further ordered, That, in the event 2. By a letter dated August 13, 1964, Order Designating Application for the Commission afforded the petitioners Hearing on Stated Issues of a grant of the application, the con struction permit shall contain the fol an opportunity to amend their petition In re application of D. D. Foster trad lowing condition: Pending a final deci to deny with respect to the Carroll1 issue ing as Carolina Radio Broadcasting Co., sion in Docket No. 14419 with respect to in accordance with the Missouri-Illinois Spartanburg, S.C., Docket No. 15882, File pre-sunrise operation with daytime fa Broadcasting Co. case, 3 R.R. 2d 232 No. BP-16302; requests: 1530 kc, 1 kw cilities, the present provisions of § 73.87 (1964). The petitioners, in a letter filed (250 w-CH), Day, Class II; for construc of the Commission's rules are not ex on October 3, 1964, indicated that they tion permit. tended to this authorization, and such did not intend to amend their petition At a session of the Federal Communi operation is precluded. and requested the Commission to disre cations Commission held at its offices in It is further ordered, That to avail gard the allegations pertaining to the Washington, D.C., on the 17th day of himself of the opportunity to be heard, Carroll issue. Accordingly, the Commis March 1965; the applicant pursuant to § 1.221(c) of sion will disregard paragraphs 20-23 of The Commission having under con the Commission’s rules, in person or by the petition and consider the remaining sideration the above-captioned and de attorney, shall, within 20 days of the paragraphs of the petition. The peti scribed application; mailing of this Order, file with the Com tioners request that the above-captioned It appearing, that except as indicated mission in triplicate, a written appear application of Denton Radio Co. (BP- by the issues specified below the appli ance stating an intention to appear on 15510) be designated for hearing on the cant is legally, technically, financially, the date fixed for the hearing and pre following issues, to determine: (a) The and otherwise qualified to construct and sent evidence on the issues specified in efforts made by the applicant to ascer operate as proposed; and this Order. tain the programming needs and inter It further appearing, that the appli It is further ordered, That the appli ests of the area to be served and how the cant failed to indicate that its proposed cant herein shall, pursuant to section applicant proposes to meet such needs operation would provide adequate 25 311(a) (2) of the Communications Act of and interests (Suburban issue2); (b) nw/in coverage to the business area of 1934, as amended, and § 1.594 of the whether the proposed station is, in fact, tbe city sought to be served during the Commission’s rules, give notice of the intended to be a Denton station; (c) Proposed critical hours of operation as hearing within the time and in the man whether the applicant is financially qual required by § 73.188(b) (1) of the Com ner prescribed in such rule, and shall ified to construct and operate as pro mission’s rules; that after request by advise the Commission of the publica posed; (d) whether a grant of the appli Commission letter that an exhibit be filed cation would result in a concentration of tion of such notice as required by § 1.594 control of standard broadcasting in a indicating the extent of the proposed 25 (g) of the rules. ffiv/m contour with respect to the busi manner inconsistent with the public in ness area, the application was amended Released: March 19, 1965. terest; (e) whether or not James B. J which showed the outline F ederal Communications Childress has trafficked in licenses or i the business area and extent of the Commission,1 abused Commission processes and proposed 25 mv/m 250 watt contour and [ seal] B en F , W aple, whether he possesses the necessary char iJ* Proposed 25 mv/m 1 kilowatt con- Secretary. acter qualifications to be a broadcast ur; that the exhibit indicates that the licensee; and (f) whether or not the [F.R. Doc. 65-3016; Filed, Mar. 23, 1965; applicant gave timely public notice of the ■ 250 watt contour would cover 8:48 a.m.] aJ a vefy small part of the business filing of its application as required by ¡J?’ in view of the foregoing an § 1.580 of the Commission’s rules. Ilf specified below to determine [Docket Nos. 15883,15884; FCC 65-210] 3. The petitioners allege standing as “parties in interest” in this proceeding nrmH^er Proposed operation would JAMES B. CHILDRESS AND sprvJi Coverage the city sought to be on the grounds that a grant of the re(luired by § 73.188(b) (1) of DENTON RADIO CO. Denton application (BP-15510) would result in the diversion of advertising stani^TS’ n°t, whether circum- Memorandum Opinion and Order Wajv s exist which would warrant a revenues from Stations WBUY-AM-FM, Designating Applications for Con Lexington, N.C., and Stations WTNC- T l °,lSaid section; and solidated Hearing on Stated Issues AM-FM, Thomasville, N.C., and that the the •r aPPearing, that in view of proposed station would have an adverse to Commission is unable In re applications of James B. Chil economic impact on each of these sta tram J? statutory finding that a dress, Burnsville, N.C., Docket No. 15883, tions. The city of Denton is located puhiin / 6 application would serve the File No. BP-15374, Requests: 1540 kc, 1 kw, Day, Class II; James B. Childress, approximately 18 miles from both Lex sitv q„ riterest, convenience, and neces- ington and Thomasville. The proposed cation the °Pinion that the appli- Theatrice C. Childress, and James Ar- dell Sink d/b as Denton Radio Co., station would provide a signal of at least the«e issuesissnpUSt set forth designated below: for hearing on Denton, N.C., Docket No. 15884, File No. 25 mv/m over the city of Lexington and BP-15510, Requests: 710 kc, 10 kw, DA, a signal of at least 5 mv/m over the city 309(e) °nf fhat, pursuant to section Day, Class II; for construction permits. of Thomasville. In view of the fore- 1934 „ the Communications Act of 1. The Commission has before it for tenated fr, the application is des- consideration (a) the above-captioned 1 Carroll Broadcasting Co. v. F.C.C., 258 F. 2d 440, 17 Ijt.R. 2066 (1958). upon i £ ln » subsequent Order, 1 Commissioners Hyde and Loevinger dis 2 Henry et al. (Suburban Broadcasting) v. me following issues: senting. F.C.C., 302 F. 2d 191, 23 R.R. 2016 (1962). / 3834 NOTICES going, it appears that the proposed sta sue will be specified as to the Denton for Station WKMK in Blountstown, Fla. tion will compete with the petitioners’ proposal and the Commission will, on its and approved, in December 1962, thé sale stations for listening audience and reve own motion, specify the Suburban issue of Childress stock in WLAF, LaFollette nues. The Commission is of the opinion as to the Burnsville proposal. Don L. Tenn. In April 1963, the Commission that the petitioners are “parties in inter Huber, 22 R.R. 954 (1962); Lindsay approved a sale of 75 shares of stock in est” within the meaning of section 309 Broadcasting Co., 22 R.R. 805 (1961); Childress Broadcasting Service, Inc., the (d) (1) of the Communications Act of Chapman Radio and Television Co., FCC corporate licensee of Station WKRK, 1934, as amended, and § 1.580 (i) of the 65-127 (released Feb. 19, 1965). Murphy, N.C., by Mr. Childress to Paul Commission’s rules. F.C.C. v. Sanders 5. The petitioners request that the ap Ridenour, his station manager, for Bros. Radio Station, 309 U.S. 470, 9 R.R. plication (BP-15510) be designated for $45,000. Mr. Childress had owned 2008 (1940). However, the petitioners hearing to determine whether a grant of WKRK for 5 years and still retains a standing is limited to matters concerning the application would result in a con small interest in the corporation. A re the Denton proposal (BP-15510). centration of control of standard broad view of the past transactions by Mr. Chil 4. The petitioners request that a Subcasting in a manner inconsistent with dress does not at this time indicate a pat urban issue be specified on the grounds with the public interest. James B. Chil tern of trafficking. Therefore, the re that the applicant (BP-15510) has not dress, the individual applicant in the quest for its specification as an issue will ascertained the real program needs and above application, File No. BP-15374, also be denied. f~~ interests of the community proposed to owns a 51 percent interest in the above 7. The petitioners claim that the Den be served. Denton has a population of application, File No. BP-15510. Chil ton Radio Co. is not financially quali under 1,000. Yet, the-petitioners have dress presently has the following stand fied to construct and operate as pro submitted affidavits from the Mayor and ard broadcast interests in the State of posed. Subsequent to the petitioner’s his two predecessors in that office, the North Carolina: (1) WKJK, Granite claim, the applicant, on August 9,1963, principal of the Dènton public schools, a Falls—100 percent; (2) WMSJ, Sylva— amended the financial portion of its ap member of the County Board of Com 100 percent; (3) WKSK, West Jeffer plication. The Commission has con missioners residing in Denton, and a son—51 percent; and (4) WKRK, Mur sidered the financial aspects of both the member of the Town Board of Commis phy—minority interest. He also has a Denton proposal, as amended, and the sioners, all stating that at no time were minority interest in (5) Station WLAF, Burnsville proposal. Funds of approxi they contacted by the applicant with La Follette, Tennessee. These existing mately $55,180 will be needed to con respect to proposed programs for the stations and the proposed Denton sta struct both stations and to operate them community. Petitioners further assert tion are all located within 120 miles of for a reasonable time without any rev that the proposed programming for the Burnsville proposal. There is no vio enues. To meet these costs the appli Denton is substantially identical to the lation of § 73.35(a) of the Commisson’s cants show cash of $4,500, a bank loan programming proposed in five prior ap rules since a grant of the above appli commitment for $50,000, and real prop plications filed by James B. Childress for cations will not result in any overlap of erty appraised at $50,000 for immediate communities located in three separate the 1 mv/m contours of the existing and sale. The applicants have demonstrated States, as well as substantially identical proposed stations. However, the Com to the satisfaction of the Commission to that proposed in the pending Burns mission has considered the contentions that they have sufficient funds available ville application. None of the partners of the petitioner and applicant and is of for the construction and initial opera of the applicant are now, or ever were, the view that a substantial and material tion of each station. Accordingly, tne residents of Denton. The applicant’s question exists as to whether a grant of request for a financial issue will be contention is that the broad experience either or both of the above applications denied. of the partners in North Carolina broad would result in a concentration of con 8. Petitioners request that an issue casting has sufficiently familiarized them trol of standard broadcasting contrary be specified to determine whether t with the programming requirements of to the public interest in violation of proposed station is, in fact, intende small communities similar to Denton so § 73.35(b) of the Commission’s, rules. be a Denton station. T h e y assert thaï that they are now capable of formulating Accordingly, the requested issue will be the proposed transmitter and studio a flexible and appropriate programming specified as to the Denton proposal and are located closer to Lexington _ proposal without specifically consulting the Commission, on its own motion, will Thomasville than Denton. Furthermo , community leaders and residents. The specify the issue as to the Burnsville they claim that the proposed station w applicant does allege that he has several proposal. place a signal of 25 mv/m or better ova: times in the past 10 years visited Denton, listened to the radio stations serving Da 6. Petitioners challenge the character all of Lexington and a 5 mv/m J qualifications of James B. Childress on over all of Thomasville. The .ap^ Pmge vidson County, talked with radio station the basis of alleged “trafficking” in proposal does provide adeq^tecoverag employees in the area, and consulted broadcast stations and applications. to the town designated. The ¡that with relatives residing in the surround “Trafficking involves, among other the proposal also places a strong ing communities about general program things, intention, the element of time, over Lexington and Thomasville ming needs. The Peace River Broad and price.” Atlantic Coast Broadcasting way violates the Commission s « g casting Corp., 23 R.R. 1218 (1962) de Corporation of Charlestown 22 RR 1045, The Commission finds that of cision is cited by the applicant in support issue is not warranted on the fac of the contention that it has adequately 1051 (1962). The Commission considers both past and proposed transactions in this case. , ¡ague complied with the Suburban rule. That 9. Petitioners further request a l Q case is distinguishable on its facts, and order to discern a pattern of conduct in conclusion of the Commission was ar dicating acquisition of station owner to determine whether I^fct° nverning rived at only after a hearing oh the issue ship for the purpose of profitable resale Co. nashas met thewie requirements^ filing had been held. The programming pro rather than for operation. Franklin the publication of the notice of e (1) posed in the Denton application is sub Broadcasting Company 22 RR 880 of its application S eo to m ^ J ^ stantially similar to that proposed in the (1962). Versluis Radio and Television, of the Commission’s rules P™j™%iCe Burnsville application. The Burnsville Inc. 9 RR 1123, 1141 (1954). Mr. where it is appropriate weekly applicant does not indicate that it has Childress has retained his original 25 of the filing of an apphcation u* taken any definite steps to ascertain the percent in Station WMSJ, Sylva, N.C., newspaper, such notice shallbeP particular programming needs and de and increased his interest in this sta once a week for 3 weeks u ^ e^ S ion. sires of the community. On the basis tion to 100 percent in August 1962. lowing the tendering of the aPP* waS of the information submitted, and in He has retained control over Station The Denton Radio Co s app * ^ view of the substantially similar pro WKSK, West Jefferson, N.C. since tendered for filing on Apn 16, h gramming proposals noted above, the August 1959. In July 1962 Mr. Chil the notice was published in ^ Commission is of the opinion that a sub dress acquired by assignment the con son Record, a weekly Publ*c*f' 14 1962. stantial question exists as to whether struction permit for Station WKJK, Granite Falls, N.C. and has been operat ton, on May 31, June 7 andJun ^ ^ sufficient efforts have been made to as However, the Commission ^ the certain the programming needs and ing the station since that time. The interests of Denton and Burnsville. Commission approved, in July 1962, the notice given was adequa ppijCation. Therefore, the requested Suburban is assignment of the construction permit public of the filing of the aPP* Wednesday, March 24, 1965 FEDERAL REGISTER 3835 The Commission does n o t regard th is d e provisions of § 73.87 of the Commission’s tion WDSK, has requested therefore that lay as a serious matter and finds that the rules are not extended to this authoriza the subject application be designated for publication of the required notice was in tion, and such operation is precluded. hearing and that it be made a party to substantial compliance with the rules. It is further ordered, That, to avail the proceeding. Therefore, the Commission will waive the themselves of the opportunity to- be 2. The population within the proposed strict requirements of § 1.580(c) (1), and heard, the applicants and parties re 1,000 mv/m contour is 378 persons which the requested issue w ill n o t be specified. spondent herein, pursuant to § 1.221(c) is excessive pursuant to the provisions of 10. There remains no other material of the Commission’s rules, in person or § 73.24(g) of the rules. The applicant or substantial questions of fact presented by attorney, shall, within 20 days of the requests a waiver of that section. by the petitioners in their petition to mailing of this Order, file with the Com Whether circumstances exist which deny which would warrant the specifica mission in triplicate, .a written appear would warrant a waiver of that section tion of issues in this proceeding. Ac ance stating an intention to appear on will be considered in the hearing ordered cordingly, the petition to deny will be the date fixed for the hearing and pre below. granted to the extent indicated above sent evidence on the issues specified in It further appearing, that, in view of and denied in all other respects. this Order. the foregoing, the Commission is unable 11. Except as indicated by the issues It is further ordered, That the appli to make the statutory finding that a specified below, each of the above-cap cants herein shall, pursuant to section grant of the subject application would tioned applicants is legally, technically, 311(a)(2) of the Communications Act serve the public interest, convenience, financially and otherwise qualified to of 1934, as amended, and § 1.594 of the and necessity, and is of the opinion that construct and operate as proposed. The Commission’s rules, give notice of the the application must be designated for Commission is unable to make the stat hearing, either individually or, if feasi hearing on the issues set forth below: utory finding that a grant of the above- ble and consistent with the rules, jointly, It is ordered, That, pursuant to section captioned applications would serve the within the time and in thé manner pre 309(e) of the Communications Act of public interest, convenience and neces scribed in such rule, and shall advise 1934, as amended, the application is des sity and is of the opinion that the ap the Commission of the publication of ignated for hearing, at a time and place plications must be designated for hear such notice as required by § 1.594(g) of to be specified in a subsequent order, ing in a consolidated proceeding on the the rules. upon the following issues: issues set forth below. Adopted: March 17, 1965. 1. To determine the areas and popu It is ordered, That, pursuant to sec lations which may be expected to gain tion 309(e) of the Communications Act Released: March 19, 1965. or lose primary service from the pro posed operation of Station WNAG and of 1934, as amended, the applications are F ederal Communications designated for hearing in a consolidated the availability of other primary service Com m ission,® to such areas and populations. proceeding, at a time and place to be [seal] B en F . W aple, specified in a subsequent Order, upon the Secretary. 2. To determine whether the proposed following issües : operation of WNAG would cause objec 1. To determine whether a grant of [F.R. Doc. 65-3017; Filed, Mar. 23, 1965; tionable interference to Station WDSK, either or both of the above-captioned 8:48 a.m.] Cleveland, Miss., and, if so, the nature applications would be in contravention and extent thereof, the areas and popu 73.35(b) of the Commission’s rules [Docket No. 15885; FCC 65-213] lations affected thereby, and the avail with respect to concentration of control. ability of other primary service to such 2. To determine the efforts made by GRENADA BROADCASTING CO., INC. areas and populations. James B. Childress (BP-15374) to ascer (WNAG) 3. To determine whether the proposal tain the programming needs and inter- of WNAG is in compliance with § 73.24- of the area to be served and the Order Designating Application for (g) of the Commission’s rules concerning manner in which applicant proposes to Hearing on Stated Issues population within the 1000 mv/m con Such needs and interests. In re application of Grenada Broad tour, and, if not, whether circumstances 0 determine the efforts made by casting Co., Inc. (WNAG), Grenada, exist which would warrant a waiver of t a i n ^ a^io Co. (BP-15510) to ascer- Mississippi, Docket No. 15885, File No. said Section. X the programming needs and inter- BP-15864; Has: 1400 kc, 250 w, U, Class 4. To determine, in the light of the m 61 , area to be served and the IV; Requests: 1400 kc, 250 w, 1 kw-LS, evidence adduced pursuant to the fore ™er wkich applicant proposes to U, Class TV; for construction permit. going issues, whether a grant of the ap meet such needs and interests. At a session of the Federal Communi plication would serve thé public interest, Jlr? Ermine, in the light of the cations Commission, held at its offices convenience and necessity. enimf?6 adduced Pursuant to the fore- in Washington, D.C., on the 17th day of It is further ordered, That, Lowry Tims thP L ïsue!.whether either or both of March 19^5; Co., Inc., licensee of Station WDSK, it ¿oP]lc^ ons should be granted. The Commission having under con Cleveland, Miss., is made a party to the s J J J uïJïher ordered. That, with re- sideration the above-captioned and de proceeding. Radin n ^application of the Denton scribed application; It is further ordered, That, in the s 1 strict requirements of It appearing, that, except as indicated event of a grant of the application, the it k iC J+L are hereby waived. by the issues specified below, the appli construction permit shall contain the ipatior/^ÎT ordered, That the partic cant is legally, technically, financially, following conditions: ing Co Î J ? ^ son County Broadcast- and otherwise qualified to construct and Permittee shall accept such interfer Co. in Th°masville Broadcasting operate as proposed; and ence as may be imposed by other exist shall bp lim .Preceding ordered herein It further appearing, that the follow ing 250 watt Class IV stations in the the « J S ? * t0 the lssues affecting ing matters are to be considered in con event they are subsequently authorized (BP-155 jo^atlon °f 1)61111011 Radio Co. nection with the aforementioned issues to increase power to 1000 watts. specified below: Before program tests are authorized, permittee shall install approved type tion To Denverfi?r^ edk That) the Peti“ 1. Information submitted by the ap Broadcastinw’ by Davidson County plicant indicates that its proposal would frequency and modulation monitors. Permittee shall submit with the ap broadcasting r,C°: and Thomasville cause additional interference to the plication for license antenna resistance tent indicated 18 granted the ex- existing operation of standard broadcast otkJ cated above and is denied in all measurements made in accordance with other respects. Station WDSK, Cleveland, Miss., within § 73.54 of the Commission rules. WDSK’s normally protected primary It is further ordered, That, to avail cvem V rthCr 0rdered> That, in the service area affecting 100 square miles themselves of the opportunity to be Co- application1ntv,°f the Denton Rad10 wherein reside some 3,492 persons, more heard, the applicant and party respond shall contain^ 116 construction permit than 1 percent of the total population. ent herein, pursuant to § 1.221(c) of the bending a following condition: Lowry Tims Co., Inc., licensee of Sta- Commission rules, in person or by at 14419 with rSaI decision in Docket No. torney, shall, within 20 days of the mail ti°n with dav?*eCt to pre_sunrise opera- 3 Commissioners Hyde and Loevinger dising of this order, file with the Commis m daytune faculties.' the present senting. sion in triplicate, a written appearance 3836 NOTICES stating an intention to appear on the 4. On October 6, 1964, RCA filed a role as a specialized press carrier in that date fixed for the hearing and present petition to deny the subject application it requests authorization to make radio evidence on the issues specified in this alleging that a grant of the application facilities and frequencies licensed to it order. would be contrary to the Commission’s in the International Fixed Public Press It is further ordered, That the appli established policy of limiting PW to press Service available to other telegraph car cant herein shall, pursuant to section service for press interests, citing various riers for their use in providing non-press 311(a) (2) of the Communications Act previous denials of PW applications to services. In essence it now seeks to do of 1934, as amended, and § 1.594 of the render services other than press and fur indirectly that which we have consist Commission’s rules, given notice of the ther stating that it believes the proposed ently refused it license authority to do hearing, within the time and in the merger of PW and ITT World Commu directly. Thus, on the facts now before manner prescribed in such rule, and shall nications Inc., which is now pending be us we are unable to determine that the' advise the Commission of the publication fore the Commission, is relevant to the public interest, convenience and neces of such notice as required by § 1.594(g) present application so that no action sity will be served by a grant of the sub of the rules. ~ should be taken on the subject applica ject application. Released: March 19,1965, tion without due consideration being 10. Accordingly, in view of the fore given to the proposed merger. going: It is ordered, This 17th day of F ederal Communications 5. In its reply to the petition of RCA, March 1965 that pursuant to the provi Com m ission, PW asserts that RCA is not a party in sions of section 309(e) of the Commu [seal] B en F . W aple, interest in this case since PW does not nications Act of 1934, as amended, the Secretary. propose to compete with carriers in the subject application is designated for [F.R. Doc. 65-3018; Filed, Mar. 23, 1965; fixed public service which handle all hearing, atih e offices of the Commission 8:48 a.m.] classes of service but has merely applied in Washington, D.C., at a date and time for authority to provide radio channels to be hereafter specified, and without for use by international record carriers. limiting in any way the scope of the [Docket No. 15880; FCC 65-197] PW also cites Cases where a carrier has proceeding, upon the following issues: PRESS WIRELESS, INC. provided facilities for a second carrier (a) The effect a grant of the applica for use in providing services for the pub tion would have upon the quality and Memorandum Opinion and Order lic which the first carrier was not author- efficiency of the applicant’s services to Designating Application for. Hear izèd to provide. For example, RCA pro press users. ing on Stated Issues vides overseas radiotelephone facilities (b) Whether a grant of the subject at its station in Hawaii for Hawaiian application would be consistent with the In re application of Press Wireless, Telephone Company although RCA is purpose for which the applicant is li Inc., Docket No. 15880, File No. 1067-C4- not authorized to handle regular message censed; namely, “a specialized press car ML-65; for modification of license of its telephone service. PW dismisses the rier licensed in the fixed public press station in the Fixed Public Press Serv RCA contention that the proposed merg service.” . ice at Centereach, N.Y., to permit it to er of PW and ITT World Communica (c) Whether it is in the public interest provide radiotelegraph channels to other tions Inc. is relevant as not being sup to permit the use of facilities and fre telegraph carriers for handling services ported by the facts and urges that the quencies, licensed in the Fixed Public other than press. - instant application be acted on promptly Press Service, for services other than 1. Hie Commission has under consid without awaiting the outcome of another press. k,.- eration an application, filed August 27, proceeding which involves other facts 11. It is further ordered, That the bur 1964, by Press Wireless, Inc. (PW), re £lIXCi ÎSSU6S. den of proof on each of the issues h questing modification of license of its 6. In reply to the PW filing mentioned paragraph 10 is placed upon the app radio station in the Fixed Public Press in the preceding paragraph RCA points cant so far as the same relates to w Service located at Centereach, N.Y., to out that it has been a party in interest application; . . pri* permit it to provide radiotelegraph in other cases which involved, as this 12. It is further ordered, Thafcjw'* channels for international telegraph application does, the question of the Communications, Inc. is made a party w carriers to be used for classes of service scope of PW’s license authority. In ad this proceeding; and , .. which such other telegraph carriers are dition, RCA reiterates its contentions 13. It is further ordered, authorized to provide and which would made in its original petition and urges entities desiring to participate _ . be used initially to provide a leased the Commission to deny the Subject may file petitions to mtervene in aMor^ radiotelegraph channel to Geneva, application. ance with the provisions of § 1.2« 01 w Switzerland, for Western Union Inter Discussion. 7. PW is the licensee of mips. national, Inc. (WUI); a petition to deny radio stations in the International Fixed Released: March 19, 1965. this application filed by RCA Communi Public Press Service, which service is de F ederal Communications cations, Inc. (RCA); an opposition to the fined by § 23.2 of the Commission’s rules petition filed by PW; and a reply to the as “* * * a limited radiocommunica Commission,2 opposition filed by RCA. tion service carried on between point-to- [seal] B*n F. 2. PW is now authorized to communi point telegraph stations, consisting of cate with Radio Suisse at Geneva, Switz transmissions by fixed stations open to — rv .. ec orna* Tailed. Mar- 23, W®®1 erland, for the handling of press serv limited public correspondence, of news ices but operates the circuit only when items, or other material related to or in there is a special need for such services. tended for publication by press agencies, it No. 15254 etc.; FCC 65M-334] PW has submitted information which newspapers, or for public dissemination.” indicates willingness on the part of Radio 8. PW has on several occasions in the i s i o n broadcasting co. Suisse to operate a full time circuit with past, through various applications to the ET AL. PW should the proposed service be Commission, sought to expand the scope authorized. of its operations to include services other r Scheduling Prehearing 3. WUI communicates with Switzer than press and except for temporary Conference land via cable circuits but has no radio authorizations granted under special cir ,PUcaUom of Florid facilities of its own. It alleges it now cumstances has been denied such au has need for quarter-speed leased tele graph service to Switzerland but its Swiss thority.1 > ? S t e t » 9. By its present application, PW once , Buffalo, Ttmtrr Inc., correspondent will not operate that type e No. BPCT-3200 , ^ No, of. service except by radio. It has there again seeks to depart from its traditional r.Y., Docket No. 1525?V „ c 0rp.i fore entered into an agreement to lease 1 Docket No. 6545, 10 FOG 295 (1944); LI; Cleveland Teleeas pye a radio circuit from PW and has filed Docket No. 7822, 13 FCC 817 (1949); Dockets Ohio, Docket No. 15249, an application with the Commission pur Nos, 7987 and 8057, 14 FCC 1371 (1950); suant to section 214 of the Communica Dockets Nos. 12539 and 12540, 30 FCC 19 tions Act of 1934, as amended, requesting (1961); File Nos. T-C-1754 and T-C-1755, appropriate authorization. FCÔ 64r-715 (1964). Wednesday, March 24, 1965 FEDERAL REGISTER 8837 No. BPCT-3191; The Superior Broad (k) To what extent, if any, any appli tion will be paid out of corporate earn casting Corp., Cleveland, Ohio, Docket cant presently plans to (1) revise esti ings or, if earnings prove insufficient, the No. 15250, Pile No. BPCT-3243; Inte mates of operating expenses, (2) revise stockholders are willing and able to ad grated Communication Systems, Inc. of estimates of operating revenues, and (3) vance additional funds as necessary but Massachusetts, Boston, Mass., Docket amend program proposals as to hours of that the Tallahassee Appliance Corp. has No. 15323, File No. BPCT-3167; United broadcast, program content and person not made a sufficient showing concern Artists Broadcasting, Inc., Boston, Mass., nel required to present such programs. ing the present corporate earnings and Docket No. 15324, File No. BPCT-3169; (l) Possible stipulations as to (1) the has not submitted current information for construction permits for new tele length in pages of the written material on the financial condition of the stock vision broadcast stations. to be submitted by any applicant in sup holders to show their ability to advance The undersigned Hearing Examiners port of its contention as to the ability of additional funds and that therefore the have under consideration the Memoran the community to support the proposed financial qualifications of the Talla dum Opinion and Order by the Commis UHF station, (2) the number of eco hassee Appliance Corp. will be placed in sion, released March 12, 1965, relative to nomic experts whose views may be sub issue; and the above-styled proceedings involving mitted, and (3) limiting the time to be It further appearing, that on Septem applications for new UHF television devoted to the cross-examination of ad ber 25, 1963, the Commission instituted broadcast stations at Buffalo, N.Y., verse economic witnesses. a hearing proceeding on an order to show cause why the license of Station WTIF, Cleveland, Ohio, and Boston, Mass., Released: March 18, 1965. respectively. Tifton, Ga., should not be revoked (Dock Such Memorandum Opinion and F ederal Communications et No. 15176) and on an application of Order authorizes the undersigned Hear Commission, WDMG, Inc., for renewal of the license ing Examiners assigned to the respective [seal] B en F. W aple, of Station WDMG, Douglas, Ga. (Docket proceedings involving the Buffalo appli Secretary. No. 15177); that B. F. J. Timm is sole cants, the Cleveland applicants, and the [F.R. Doc. 65-3020; Filed, Mar. 23, 1965; stockholder of WDMG, Inc., and the is Boston applicants to schedule a joint 8:48 a.m.] sues in the WT3F-WDMG proceeding prehearing conference for purposes of bear on the basic qualifications of WDMG, Inc., and its sole stockholder, discussing the preparation of the data [Docket Nos. 15886,15887; FCC 65-215] required under the issues added to each Timm; and that, in the event the appli of the three proceedings in such Memo WMEN, INC., AND TALLAHASSEE cation of WMEN, Inc., is not dismissed randum Opinion and Order. APPLIANCE CORP. or denied in the hearing ordered below, It is therefore ordered, This 18th day final action on the application will be of March 1965, that a consolidated pre- Order Designating Applications for withheld pending a conclusion of the hearing conference involving the afore Consolidated Hearing on Stated WTIF-WDMG proceeding; and mentioned applicants will be held on Issues It further appearing, that upon due Thursday, April 1, 1965, beginning at consideration of the above-captioned ap 10 a.m., in the offices of the Commission, In re applications of WMEN,, INC., plications, the Commission finds that, Washington, D.C. Tallahassee, Fla., Docket No. 15886, File pursuant to section 309(e) of the Com The matters to be discussed and con No. BPH-4127, Requests: 94.9 Me, #235; munications Act of 1934, as amended, a sidered at such prehearing conference 28.57 kw; 312 ft.; Tallahassee Appliance hearing is necessary; that each of the include but will not be limited to the Corp., Tallahassee, Fla., Docket No. applicants is legally and technically following: 15887, File No. BPH-4228, Requests: 94.9 qualified to construct and operate the (a) The expected rate of set conver Me, #235; 27.814 kw; 246.44 ft.; for proposed stations; that, as indicated sion to all-channel sets. construction permits. above, it has not been determined that (b) The relationship of the level of At a session of the Federal Communi either applicant is financially qualified; UHF set ownership to station revenue. cations Commission held at its offices in that the Tallahassee Appliance Corp. is (c) 'Hie ratio of non-network to net- Washington, D.C., on the 17th day of otherwise qualified but that other quali v*ew*n® where both are available. March 1965; fications of WMEN, Inc., will be deter (d) The level of station revenue The Commission having under con mined in the light of the conclusion in earned with non-network programming sideration the above-captioned and de the WTIF-WDMG proceeding; m competition with network program scribed applications each requesting a It is ordered, That, pursuant to sec ming. construction permit for a new FM broad tion 309(e) of the Communications Act amount and character of the cast station to operate on Channel 235 of 1934, as amended, the above-captioned be obtained from prospective in Tallahassee, Fla.; applications are designated for hearing advertisers. It appearing, that the applications are in a consolidated proceeding at a time „Jp. Prospective advertising rate mutually exclusive in that operation by and place to be specified in a subsequent schedules. the applicants as proposed would result order, upon the following issues:. .^Y^at financial, economic a in mutually destructive interference; and 1. To determine whether either of the „r aa^a Presently in the Commissio It further appearing, that B. F. J. applicants is financially qualified to con S c .made available to the api Timm, sole stockholder of WMEN, Inc., struct and operate the proposed FM also has pending an application for a broadcast stations. of ov JíLassist them in the préparât construction permit for a new standard 2. To determine on a comparative » S n S a t ™ te,lt<>WardtheSUbie broadcast station at Jacksonville, Fla. basis which of the operations proposed (BP-13269, Docket No. 15275), that the in the above-captioned applications source or sources of inf information on file is not sufficient cur mav ho’ ?^?er than Commission fi would best serve the public interest, coh- rently or' complete to establish that venience and necessity in the light of Preñaraf^lllZec* the applicants in WMEN, Inc., and B. F. J. Timm are fi the significant differences between the H K Ï Ï » g the exhibits directed nancially qualified to meet the costs of (h rrî? f le e ts mentioned above. applicants as to: construction and initial operation of (a) The background and experience of tion exisfaTfvf^ extent’ if any, justifi both the Tallahassee FM station and the kets in fvï *or concluding that the m each, bearing on its ability to own and Jacksonville standard broadcast station operate the FM broadcast station as ¿ C o n Srffal0< N-Y-’ Cleveland, Ol and that, therefore, an issue will be in proposed. Ocular f Z , ^ aSS;’ aJeas vary in any P cluded in the hearing ordered below to (b) The proposals of each with ve- on spf m ^.e statisticai data avails permit the consideration of the financial network nversion> station revenue, n< qualifications of WMEN, Inc.; and spect to the management and operation C d s S enUe’ 6tc- as aPPlied to It further appearing, that the Talla of the FM broadcast station as proposed. X a es as a whole. hassee Appliance Corp. is licensee of (c) The programming services pro sevéij^?vr it; ís Pasible for standard broadcast station : WTNT, posed in each of the above-captioned sh°wing S?Í1Cfnts t0 3ubmit a jc Tallahassee, Fla., that the application applications. the abovp * h respect to one or more indicates that the cost of construction 3. To determine, in the light of the above-enumerated matters and initial operation of the proposed sta evidence adduced pursuant to the fore- No. 56-—,r 3838 going issues which, if either, of the ap enee, Agreement 5200, and the parties to VICTORY SHIPPING CO., INC., ET AL. plications should be granted. Agreement 8410, provides (1) for a re It is further ordered, That, to avail duction in the agreed rate differential Independent Ocean Freight themselves of the opportunity to be on transhipped cargo moving to common Forwarder Applications heard, the applicants, pursuant to § 1.221 destinations with an exception thereto, (c) of the Commission’s rules, in person (2) changes the means of terminating Notice is hereby given of changes In or bÿ attorney, shall, within twenty (20) the agreement, and (3) includes a pro the following applications for independ days of the mailing of this order, file vision for the right of independent ent ocean freight forwarder licenses is with the Commission, in triplicate, a action by the respective conferences sued pursuant to section 44, Shipping written appearance stating an intention operating pursuant to the terms of Act, 1916 (75 Stat. 522 and 46 U.S.C. to appear on the date fixed for the Agreement 8430. 841(b)). hearing and present évidence on the Dated: March 19,1965. Grandfather Applicants issues specified in this order. ' Victory Shipping Co., Inc., 50 Broadway, New It is further ordered, That the appli By order of the Federal Maritime York, N.Y.; License No. 135, cancelled Feb cants herein shall, pursuant to section Commission. ruary 8, 1965. 311(a) (2) of the Communications Act of T homas Lis i, Max Tepper, 75 Beach Street, New York, N.Y., 1934, as amended, and § 1.594 of the Secretary. 10013; Application No. 718, withdrawn Commission’s rules, give notice of the [F.R. Doc. 65-2995; Filed, Mar. 23, 1965; February 9,1965. hearing, either individually, or, if feasi 8 :47 a.m.} William DiSalvio, d.b.a., Haynes & Co., C. A., 24 State Street, New York, N.Y.; License ble and consistent with the rules, within No. 824, cancelled February 24,1965. the time and in the manner prescribed Jung Forwarding Co., Inc., 8-10 Bridge Street, in such rple, and shall advise the Com VENEZUELA-NETHERLANDS WEST IN New York, N.Y. ¡ License No. 839, cancelled mission of the publication of such notice DIES OIL COMPANIES’ CONTRACT February 24,1965. as required by § 1.594(g) of the rules. AGREEMENT Edward H. McConnell, Inc., 300 Madison Ave It is further ordered, That, in the event nue, New York, N.Y.; License No. 982, can the application of WMEN, Inc., is not Notice of Agreements Filed for celled February 26,1965. Approval American Union Transport Inc., 17 Battery dismissed or denied, final action on the Place, New York, N Y , (A. S. Wilson Corp.); application will be withheld pending the Notice is hereby given that the follow License No. 475, cancelled February 16, conclusion of the WTIF-WDMG pro ing Agreements have been filed with the 1965. ceeding (Docket No. 15176 etal). Commission for approval pursuant to American Union Transport Inc., 17 Battery Place, New York, N.Y. (Roepke & Otto, Released : March 19,1965. section 15 of the Shipping Act» 1916, as Inc.); License No. 203, cancelled February amended (39 Stat. 733, 75 Stat. 763, 46 F ederal Communications U.S.C. 814). r 16,1965. Co m m issio n , American Union .Transport, Inc., 17 Battery Interested parties may inspect and ob Place, New York, N.Y. (American Union [seal! Ben F. W aple, tain a copy of the agreement(s) at the Transport (Illinois) Inc.); License No. 301, Secretary. Washington office of the Federal Mari cancelled February 16,1965. [F.R. Doc. 65-3021; Filed, Mar. 23, 1965; time Commission, 1321 H Street NW., American Union Transport, Inc., 17 Battery 8:48 a.m.J Place, New York, N.Y.; License No. 560, room 301; or may inspect agreements at cancelled February 16,1965. the offices of the District Managers, New American Union Transport, Inc., License wo. York, N.Y., New Orleans, La., and San 246, 17 Battery Place, New York, NX FEDERAL MARITIME COMMISSION Francisco, Calif. Comments with refer (Merchants’ Forwarders, Inc.); cancenea ence to an agreement including a request February 16, 1965. PACIFIC COAST EUROPEAN for hearing, if desired, may be submitted CONFERENCE Forwarding activies of the aforemen- to the Secretary, Federal Maritime Com oned American Union Transport, in&. Notice of Agreements Filed for mission, Washington, D.C., 20573, within ibsidiaries are henceforth performed 20 days* after publication of this notice in ader license number 448, American un- Approval the F ederal R egister. A copy of any n Transport Forwarding, Inc. Notice is hereby given that the fol such statement should also be forwarded Notice is hereby given that the foiiow- lowing agreements have been filed with to the party filing the agreement (as in ig applicants have filed with the r ea- the Commission for approval pursuant dicated hereinafter) and the comments •al Maritime Commission, applications to section 15 of the Shipping Act, 1916, should indicate that this has been done. >r licenses as independent °pean.:v,^ r.e as amended (39 Stat. 733, 75 Stat. 763, Notice of agreement filed for approval irwarders, pursuant to section 4 46 U.S.C.814). r;‘ V , by: , Interested parties may inspect and ob ie Shipping Act, 1916 (75 Stat. 522 Mr. C. D. Marshall, Chairman, U.S. Atlantic 5U.S.C. 841(b)). cnT1 why tain a copy of the agreement (s) at the and Gulf-Venezuela and Netherlands An Persons knowing of any reas°n wny Washington office of the Federal Mari tilles Conference, 11 Broadway, New York ly Of the following applicants should time Commission, 1321 H Street NW., 4, N.Y. >t receive a license are Room 301; or may inspect agreements at Agreement 6870-8 between the member ►mmunicate with the Director. the offices of the District Managers, New lines to an agreement covering the move Domestic Regulation, Federal Man York, N.Y., New Orleans, La., and San ment of cargo of oil companies intended me Commission, Washington. * Francisco, Calif. Comments with ref for their companies’ use and not for re »573. Protests received within 60 erence to an agreement including a re sale purposes, provides (1) for further om the date of publication of ti quest for hearing, if desired, may be sub jtice in the F ederal R egister will oe mitted to the Secretary, Federal Mari clarification of the agreement through the renumbering of certain paragraphs, insider ed. time Commission, Washington, D.C., (2) deletes the word “West” wherever it 20573, within 20 days after publication of appears in the agreement as part of the jtemational Airfreight, Ine this notice in the F ederal R egister. A Street, El Segundo, CaUf-5 ^ e r t £ ^ copy of any such statement should also trade area sometimes referred to as the ren o u d , p resident; A rth u r B. „resident; be forwarded to the party filing the Netherlands “West” Indies, and (3) pro retary; Gary L. Hutchison, vice presm agreement (as indicated hereinafter) vides for the inclusion of certain provi K u rt L. Carlson, treasurer. _ et> ga- and the comments should indicate that sions for the admission to, and the with ;orge W. Wise^ Jr., Ebayto owner. this has been done. drawal and expulsion of carriers from, vannah, Ga., George W. W , ^^fer, conference membership. ixmen Torres, d.b.a., Puerto _ carmen Notice of agreement filed for approval 7 60 N. Ogden Avenue, Chicago, •> by: Dated: March 19, 1965. Torres, owner. T , »rest 46th ane Overseas Shipping, Inc_,o^ gigmaIli Mr. David Lindstedt, Chairman, Pacific Coast By order of the Federal Maritime Street, New York, N.Y., B®* r; Ber- European Conference, 417 Montgomery Commission. president; Sol Gittelman, treasure Street, San Francisco, Calif. T homas Lrsi, nard Stark, Secretary. da ponvard- Agreement 843Q-2, a modification of a Secretary. muel C. Gomez, d.b^. Bennu N Consultations are planned with the frozen, from points in Kent County, from Point Comfort, Tex., and points Government of Colombia. Mich., to points in New York, Pennsyl within five (5) miles thereof, to points J am es S. L ove, Jr., r. vania, New Jersey, Maryland, Delaware, in Alabama, Arkansas, Colorado, Florida, Chairman, Interagency Textile Rhode Island, Connecticut, and Massa Georgia, Kansas, Louisiana, Missouri; Administrative Committee, chusetts. Mississippi, New Mexico, Oklahoma! and Deputy to the Secretary HEARING: April 12,1965, at the Stat- Tennessee, and Texas. of Commerce for Textile Pro ler Hilton Hotel, 1565 Washington Blvd., Note: The purpose of this republication grams. Detroit, Mich., before Examiner Harry is to show the hearing information below. M. Shooman. [F.R. Doc. 65-3026; Filed, Mar. 23, 1965; No. MC 57778 (Sub-No. 7), filed March HEARING: March 29,1965, in Confer 8:48 a.m.] 5, 1965. Applicant: MICHIGAN RE ence Room 610, Federal Office Bldg., FRIGERATED TRUCKING SERVICE, 660 South St., New Orleans, La., before INC,, 713 Junction St. N., Detroit 9, Examiner Armin G. Clement. Mich. Applicant’s attorney: William B. No. MC 125960, filed December 20,1963. INTERSTATE COMMERCE Elmer, 22644 Gratiot Ave., Kaiser Bldg., Applicant: ROBERT E. DUNN AND East Detroit, Mich., 48021. Authority JOSEPH DUNN, doing business as DUNN COMMISSION sought to operate as a common carrier, BROS., 50 East Central Ave., North [Notice 749] by motor vehicle, over irregular routes Judson, Ind. Authority sought to transporting: Frozen foods, potatoes and operate as a common carrier, by motor MOTOR CARRIER APPLICATIONS AND potato products, from the plant site of vehicle, over irregular routes, transport CERTAIN OTHER PROCEEDINGS Ori-Ida Potato Co., located at Green ing: Disabled and repaired motor ve ville, Mich., to points in Illinois, Indiana hicles, <1)~ between points in Starke March 19,1965. County, Ind., and (2) between points in The following publications are gov and Ohio, and damaged and rejected shipments, on return. Starke County, Ind., and Sioux Falls, S. erned by the new Special Rule 1.247 of Dak., Minneapolis, Minn., Des Moines, the Commission’s rules of practice, pub HEARING: April 12,1965, at the Stat- ler Hilton Hotel, 1565 Washington Blvd., Iowa, Springfield, Mo., St. Louis, Mo., lished in the F ederal R egister, issue of Springfield, 111., Cincinnati, Ohio, Roa December 3,1963, which became effective Detroit, Mich., before Examiner Harry M. Shooman. noke, Va., Columbus, Ohio, Davenport, January 1, 1964. Iowa, Milwaukee, Wis., Chicago, HI., Applications Assigned for O ral H earing By the Commission. Louisville, Ky., Nashville, Tenn., Knox ville, Term., Atlanta, Ga., Columbia, S.C., The applications immediately follow [seal] B ertha F. Armes, Raleigh, N.C., Charleston, W. Va., Toledo, ing are assigned for hearing at the time Acting Secretary. Ohio, Detroit Mich., Cleveland, Ohio, and place designated in the notice of [F.R. Doc. 65-3000; Filed, Mar. 23, 1965; Canton, Ohio, Pittsburgh, Pa., New York, filing as here published in each proceed 8:47 a.m.] N.Y., Philadelphia, Pa., Baltimore, Md, ing. All of the proceedings are subject to Dover, Del., and Trenton, N.J. the Special Rules of Procedure for Hear [Notice 747] HEARING: April 12, 1965, in Room ing outlined below: 908, Indiana Public Service Commission, SPECIAL RULES OF PROCEDURE FOR HEARING MOTOR CARRIER APPLICATIONS AND New State Office Bldg., 100 North Senate CERTAIN OTHER PROCEEDINGS Ave., Indianapolis, Ind., before Examiner (1) All of the testimony to be adduced lias B. Russell. .. . by applicant’s company witnesses shall M arch 19,1965. To. MC 126632 (Sub-No. Turned be in the form of written statements The following publications are gov ,rch 15, 1965. Applicant: which shall be submitted at the hear erned by the new special rule 1.247 of jINOIS, INC., 531 Walnut, Kansas ing at the time and place indicated. the Commission’s rules of practice, pub y, Mo., 64106. Authority sought to (2) All of the written statements by lished in the F ederal R egister, issue of ;rate as a common carrier, by motor applicant’s company witnesses shall be December 3, 1963, which became effec licle, over irregular routes, transporc- offered in evidence at the hearing in the tive January 1,1964. : Articles, each weighing wjj) same manner as any other type of evi A pplications Assigned for O ral H earing inds or more, self-propelled or > dence. The witnesses submitting the I not requiring special equipment, ■ written statements shall be made avail No. MC 115841 (Sub-No. 224), filed her with incidental mcm/nnert/, ’ able at the hearing for cross-examina February 26, 1965. Applicant: CO ■ts, or supplies moving in conjunction tion, if such becomes necessary. LONIAL REFRIGERATED TRANS rewith, (1) between points mmnotf. (3) The written statements by appli PORTATION, INC., 1215 Bankhead ra, Kansas (points withm 300 miles ot cant’s company witnesses, if received in Highway West, Post Office Box 2169, Les Io w a), Minnesota, Missouri evidence, will be accepted as exhibits. Birmingham, Ala. Authority sought to braskalnd Wisconsin, £ ^ m p^ To the extent the written statements re operate as a common carrier, by motor Arkansas, Kentucky, Ohio and Ten fer to attached documents such as copies vehicle, over irregular routes, transport isee to points in Illinois, Iowa, Kansas, of operating authority, etc., they should ing: Frozen foods, from Grand Rapids, lints within 300 miles of Ame ’ , ^ is.’ be referred to in written statement as Mich., to points in Connecticut, Dela nnesota, Missouri, Nebraska, and numbered appendices thereto. ware, Maryland, Massachusetts, New isin, (3) from points in (4) The admissibility of the evidence Jersey, New York, Ohio, Pennsylvania, nsas (points within 300 miles o ^ contained in the written statements and Rhode Island, Virginia, West Virginia, fa), Minnesota, Missouri, » g g the appendices thereto, win be at the and the District of Columbia. I Wisconsin, to P01^® dower time of 6ffer, subject to the same rules HEARING: April 6,1965, at the Offices liana, Kentucky, and as if the evidence were produced in the of the Interstate Commerce Commission, linsula), Ohio, and Te Mic’higan usual manner. Washington, D.C., before Examiner from points in Indianaan 00 (5) Supplemental testimony by a wit Samuel Horwich. wer Peninsula), Pomte w^hinMis_ ness to correct errors or to supply inad No. MC 116677 (Sub-No. 174) (RE- les of Ames, Iowa), M*“ ®3 n. vertent omissions in his written state PUBLICATION) , filed February 5, 1965, iri, Nebraska, Tennessee and w ment is permissible. published F ederal R egister, issue of No, MC 25798 (Sub-No. 129), filed February 25, 1965, and republished this ¡EARING: May 5, 1965, tit the, Nej March 8, 1965. Applicant: CLAY issue. Applicant: ROBERTSON TANK ieral Office Bldg., No°jn Cq Cauf., HYDER TRUCKING LINES, INC., Post LINES, INC., Post Office Box 9527, 5700 Iden Gate Ave., San Franciscc), . Office Box 1186, Auburndale, Fla. Ap Polk Ave., Houston, Tex., 77011. Appli ore Examiner HaroldIP. Boss p g6 plicant’s attorney: Thomas F. Kilroy, cant’s attorney: Thomas E. James, 721 t to special order; in MC MW al., dated March 11, (RE. 1815 H St. NW„ Washington, D.C. Au Brown Bldg., Austin, Tex., 78701. Au To. MC 107107 (Sub-No. 328) ^ thority sought to operate as a common thority sought to operate as a common carrier, by motor vehicle, over irregular carrier, by motor vehicle, over irregular routes, transporting: Frozen foods, pota routes, transporting: Wood preservatives, toes, and potato products, frozen or un coal tar and coal tar products, in bulk, Wednesday, March 24, 1965 FEDERAI REGISTER 3843 sue after order of the Commission. Ap or foreign commerce, as a common car above, a corrected notice of the authority plicant: ALTERMAN TRANSPORT rier by motor vehicle, over irregular actually granted will be published in the LINES, INC., Miami, Fla. By applica routes, of the commodities, and from, to, F ederal R egister, and any proper party tion filed October 28, 1964, applicant or between the points substantially indi in interest may file an appropriate pro seeks a certificate of public convenience cated below, except that applicant re test or other pleading within a period of and necessity authorizing operation, in quests that part (1) of the service sought 30 days from the date of such publica interstate or foreign commerce, as a com be limited to shippers other than banks tion. mon carrier by motor vehicle, over ir and banking institutions, and part (2) No. MC 112750 (Sub-No. 128) (RE- regular routes to transport frozen foods, include the commodities named “of all PUBLICATION) filed March 20, 1963, from Belvidere, 111., to points in Alabama, kinds”, and exclude plant removals. An published F ederal R eg ister, issue of Florida, Georgia, Kentucky, North Caro Order, Operating Rights Board No. 1, May 15, 1963, and republished after lina, South Carolina, and Tennessee (ex dated February 25, 1965, served March 9, Commission order. Applicant: AR cept Memphis), with the restriction that 1965, finds that the present and future MORED CARRIER CORPORATION, service to points in North Carolina and public convenience and necessity require Bayside, N.Y. A Decision and Order, South Carolina is limited to partial de operation by applicant,-in interstate or Operating Rights Review Board Num livery of shipments involving deliveries foreign comerce, as a common carrier, by ber 3, dated March 9,1965, served March in other States. An order, Operating motor vehicle, over irregular routes, of 15, 1965, sets forth that the examiner Rights Board No. 1, dated February 25, (1) bank checks, drafts, and bank sta and the joint boards recommended in 1965, served March 9,1965, finds that the tionery, (except cash letters), from Port their respective reports, the. granting to present and future public convenience land, Maine, to points in Connecticut, applicant of a certificate of public con and necessity require operation by appli Massachusetts, and New Hampshire, and venience and necessity authorizing the cant, in interstate or foreign commerce, (2) business papers, records, and audit operation described below, except that as a common carrier by motor vehicle, and accounting media (except cash let the recommendation excluded the trans over irregular routes, of frozen foods, ters), (a) between Menlo Park (Middle portation of the items set forth in part from Belvidere, 111., to points in Ala sex County), N.J., on the one hand, and, (1) “when a part of plant removals”: as bama, Florida, Georgia, Kentucky, North on the other, Audubon (Camden Coun a common carrier, by motor vehicle, in Carolina, South Carolina, and Tennessee ty) , N.J., and Newburg (Orange Coun interstate or foreign commerce, over ir (except Memphis); subject (1) to the co ty), N.Y., and (b) between Aubudon regular routes, of (1) papers used in the incidental cancellation at applicant’s (Camden County), N.J., on the one hand, processing of data by computing ma written request of its certificate No. MC and, on the other, King of Prussia chines, punch cards, punch tape, printed 107107 (Sub-No. 280), dated October 5, (Montgomery County), and Philadelphia reports, documents, and office records, 1964, and (2) to the prior publication (Philadelphia County), Pa.; and that and written communications (a) be in the Federal R egister of a notice of because it is possible that other parties, tween Aurora, 111., on the one hand, and, the authority actually granted. Because who have relied upon the notice of the on the other, points in that portion of it is possible that other parties, who re application as published, may have an Wisconsin lying on and south of a line lied upon the notice of the application as interest in and would be prejudiced by extending from the Minnesota-Wiscon- published, may have an interest in and the lack of proper notice of the author sin State line over Wisconsin Highway would be prejudiced by the lack of proper ity, a notice of the authority actually 29 to Green Bay, Wis., and thence over notice of the authority described above, granted will be published in the F ederal Wisconsin Highway 54 to Algoma, Wis., issuance of a certificate will be withheld R eg ister, and any proper party in inter and (b) between Monroe, Wis., on the for a period of 30 days from the date of est may file an appropriate pleading one hand, and, on the other, points in such publication, during which period within a period of 30 days from the date that portion of Illinois lying on and any proper party in interest may file an of such publication. north of U.S. Highway 36; and (2) used appropriate protest or pleading. No. MC 112750 (Sub-No. 117) (RE- stock books, business and accounting No.MC 109326 (Sub-No. 76) (AMEND PUBLICATION) , filed December 27, records, inventory documents, and busi MENT), filed July 15, 1963, published 1962, published F ederal R egister, issue ness papers, between Milwaukee, Wis., « deral Register issue of July 24, 1963, of January 16,1963, and republished after and Rockford, 111.; and that because it amended by petition filed December 4, Commission order. Applicant: AR is possible that other parties, who have »64, and republished as amended this MORED CARRIER CORPORATION, relied upon the notice of this application «sue. Applicant: C & D TRANSPOR- Bayside, N.Y. By application filed De as published, may have an interest in CO., INC., 414 Bay Bridge Rd., cember 27,1962, applicant seeks a permit and would be prejudiced by the lack of authorizing operation in interstate or proper notice of the authority described A*a” Authority sought to above, a corrected notice of the authority vpvv i6 as a common carrier, by motor foreign commerce, as a contract carrier, ^cle.over irregular routes, transport- by motor vehicle, over irregular routes, actually granted will be published in the of used charge sales tickets, used cash F ederal R egister, and any proper party nA‘ fresh, chilled, and frozen food in interest may file an appropriate plead Alp- . UlUVUig 111 VClll“ sales tickets, used charge credit sales ing within a period of 30 days from the tinrwUippe served and Order, Operating Rights Review MORED CARRIER CORPORATION, other tv 25\ 1965’ sets forth, among Board No. 3, dated March 9, 1965, served March 15,1965, finds that the pro Bayside, N.Y. By application filed Feb it is gS’ the proceeding be, and ruary 11, 1964, as amended, applicant at a tim!by’ r,e°Pened for further hearing posed operations are those of a common seeks a permit authorizing operation, in and that an5 place to be hereafter fixed; carrier by motor vehicle, over irregular routes, transporting: used charge sales interstate or foreign commerce, as a con applipfltw°tlCe of this action and of the tract carrier by motor vehicle, over ir inthppTn’ 85 amended, be published tickets, used cash sales tickets, used charge credit sales tickets, used refund regular routes, of business papers, rec ords and audit and accounting media UCATlnm117^9 (Sub-No. 26) (REPUB- slips, used cash register tapes and accom panying documents, between Richmond, of all kinds (except plant removals) , PublbSS’ filed September 25, 1964, between Milwaukee, Wis., on the one tober Ra ster , issue of Oc- Va., on the one hand, and, on the other hand, and, on the other, Zion, 111. An after p L „ . and rePublished this issue Hyattsville, Md., and points in Baltimore Order, Operating Rights Board No, 1, ° rder- Applicant: County, Md.; and that because it is pos dated February 24,1965, served March 8, Bayside nvCA2RIER CORPORATION, sible that other parties, who have relied 1965, finds that the proposed operations tember bs. in** aPPlication filed Sep- upon the notice of this application as icate of apphcant seeks a certif- published, may have an interest in and are those of a common carrier, by motor % aut,hn^-1C convenience and neces- would be prejudiced by the lack of prop vehicle, over irregular routes, transport authonzmg operation,, in interstate er notice of the authority described ing: business papers, records, and audit 3844 NOTICES and accounting media (except cash let W. Va., and points in Garrett and Alle No. MC 126591 (REPUBLICATION), i ters), between Milwaukee, Wis., on the gheny Counties, Md. An Order, Operat filed September 21, 1964, published one hand, and, on the other, Zion, 111., ing Rights Board No. 1, dated February F ederal R egister, issue of October 1, and that because it is possible that other 24, 1965, served March 8, 1965, finds 1964, and republished this issue after parties, who have relied upon the notice that the proposed operations are those Order of the Commission dated Febru of this application as published, may of a common carrier, by motor vehicle, ary 18, 1965. Applicant: ANGELO have an interest in and would be preju over irregular routes, transporting: GEORGINNA, doing business as GE0R- diced by the lack of proper notice of the business papers, records, and audit and GINNA TRUCKING, Bound Brook, N.J. authority described above, a notice of the accounting media (except cash letters), By application, as amended, applicant authority actually granted will be pub between Columbus, Ohio, on the one seeks a permit authorizing operations, in lished in the F ederal R eg ister, and any hand, and, on the other, Charleston and interstate or foreign commerce, as a con proper party in interest may file an ap Huntington, W. Va., Ashland, Ky., points tract carrier by motor vehicle, over ir propriate pleading within a period of in Adams, Allegheny, Beaver, Clarion, regular routes, of waste rags and waste 30 days from the date of such publica Fayette, Franklin, Lawrence, McKean, paper, from Dunellen, N.J., to piers in tion. Somerset, Venango, Washington, War New York Harbor, N.Y., under a con No. MC 112750 (Sub-No. 186) (RE ren, and Westmoreland Counties, Pa., tinuing contract with shipper hereafter PUBLICATION) , filed February 26, points in Mineral, Preston, Tucker, Ran named. An Order, Operating Rights 1964, published F ederal R eg ister, issue dolph, and Upshur Counties, W. Va., and Board No. 1, dated February 18, 1965, of March 11, 1964, and republished after points in Garrett and Allegheny Coun served February 26, 1965, finds that op Order of Commission. Applicant: ties, Md.; and that because it is possible eration, in interstate or foreign com ARMORED CARRIER CORPORATION, that other parties, who have relied upon merce, by applicant as a contract car Bayside, N.Y. By application filed Feb the notice of this application as pub rier by motor vehicle, over irregular ruary 26, 1964, applicant seeks a permit lished, may have an interest in and routes, of waste rags and waste paper,' authorizing operation, in interstate or would be prejudiced by the lack of proper from Dunellen, N.J., to Brooklyn, Long foreign commerce, as a contract carrier notice of the authority described above, Island City, N.Y.,. and Staten Island, by motor vehicle, over irregular routes, of a notice of the authority actually N.Y., under a continuing contract with business papers, records and audit and granted will be published in the F ederal Nu-Tex Corp., of Dunellen, N.J., will be accounting media of all kinds (except R eg ister, and any proper party in in consistent with the public interest and plant removals), (1) between Cleveland, terest may file an appropriate pleading the national transportation policy; and Ohio, on the one hand, and, on the other, within a period of 30 days from the date that because it is possible that other Clarksburg, Fairmont, Morgantown and of such publication. parties, who have relied upon the notice Parkersburg, W. Va., and Marietta, Ohio; No. MC 116254 (Sub-No. 34) (REPUB ,of the application as published, , may and (2) between Marietta, Ohio on the LICATION) , filed October 18, 1963, pub have an interest in and would be prej one hand, and, on the other, Clarksburg, lished F ederal R egister, issue of Decem udiced by the lack of proper notice, a W. Va. An Order, Operating Rights ber 11, 1963, and republished after De notice of the authority actually granted Board No. 1, dated February 24, 1965, cision and Order, this issue. Applicant: will be published in the F ederal Reg served March 8,1965, finds that the pro CHEM-HAULERS, INC., Sheffield, Ala. ister , and issuance of a permit will be posed operations are those of a common Applicant’s attorney: Walter Harwood, withheld for a period of 30 days from carrier, by motor vehicle, over irregular Nashville Bank and Trust Bldg., Nash the date of such publication, during routes, transporting: business papers, ville, Tenn. Authority sought to oper which period any proper party in inter records, audit and accounting media ate as a common carrier, by motor ve est may file an appropriate protest or (except cash letters), Cl) from Cleve hicle, over irregular routes, transport other pleading. land, Ohio, to Morgantown, Fairmont, ing: Commodities in bulk (except ce N otice of F ilin g o f P etitions Parkersburg, W. Va., and Marietta, Ohio, ment), between points in Alabama. A and (2) between Cleveland and Marietta, Decision and Order, dated February 19, No. MC 61401 (Sub-No. 3) (PETITION j Ohio, on the one hand, and, on the other, 1965, served March 2, 1965, finds, among TO AMEND), filed March 8, 1965. Peti-: Clarksburg, W. Va.; and that because it other things, that applicant be issued tioner: MARX TRUCK LINES,.INC,j is possible that other parties, who have a certificate, upon compliance with cer Sioux City, Iowa. Petitioner ® j relied upon the notice of this application tain requirements, to authorize opera holds a Permit in No. MC 61401 (Sub-Na j as published, may have an interest in and tion as a common carrier, by motor ve 3) authorizing the transportation o • would be prejudiced by the lack of proper hicle, in interstate or foreign commerce, Meats, meat products, meat j notice of the authority described above, over irregular routes, (1) of fertilizer dairy products, and articles distrib a notice of the authority actually and fertilizer materials, in bulk, from by meat packinghouses, as described m j granted will be published in the F ederal the plant site of Armour Agricultural Sections A, B, and C of Appendix It report in Descriptions in Mottf cpm R eg ister, and any proper party in in Chemical Co., at or near Cherokee, Ala., terest may file an appropriate pleading to points in Alabama, (2) of silica diox- Certificates, 61 M.C.C. 209 and 76 > , within a period of 30 days from the date ide, in bulk, from Phil Campbell, Ala., irregular routes, from Sioux City, j of such publication. to points in Alabama, (3) of fuel oil, in to Madison and Milwaukee, Wis., No. MC 112750 (Sub-No. 199) (RE bulk, from points in Alabama to Phil no transportation for eompensat PUBLICATION), filed June 30, 1964, Campbell and Waterloo, Ala., (4) of return except as otherwise authonzeo, j Limited to a transportation s e r v ic e ^ published F ederal R eg ister, issue of asphaltic sand and diatomaceous earth, July 15, 1964, and republished after in bulk, from points in Lawrence County, performed under a continuing . i Order of Commission. Applicant: Ala., to points in Alabama, (5) of asphal or contracts with Armour & •> ^ ARMORED CARRIER CORPORATION, tic oil, in bulk, from points in Alabama Sioux City Dressed Pork, Inc- w Bayside, N.Y. By application filed June to points in Lawrence County, Ala., (6) instant petition, petitioner req es ^ j mission to add Swift Sioux : 30, 1964, applicant seeks a permit au of liquid animal and poultry feed, and and Sioux City Dressed Beef Co.,^^,, | thorizing operation, in interstate or liquid animal and poultry feed ingre City, Iowa, to the present those foreign commerce, as a contract carrier dients, in bulk, between points in Ala These shippers to be m addition to ^ by motor vehicle, over irregular routes, of bama, (7) of fertilizers, in bulk, from presently authorized. Any v this business papers and records and audit Greenville and Dothan, Ala., to points persons desiring to particip from and accounting media (excluding plant in Alabama, and (8) of ground lime proceeding, may, within 30 pgD. removals), between Columbus, Ohio, on stone, from Sylacauga, Ala., to points in the date of this pubhcation in th ^^ the one hand, and, on the other, Charles Alabama, subject to the prior publica ERAL R egister, file an appropmte p ton and Huntington, W. Va., Ashland, tion in the F ederal R egister of a de ing, consisting of an original ana j Ky., points in Adams, Allegheny, Beaver, scription of the authority granted with Clarion, Fayette, Franklin, Lawrence, a note to the effect that applicant pro copies each. .. r PETITION McKean, Somerset, Venango, Washing poses to combine the authority granted No. MC 67340 ip CERTlF1' ton, Warren, and Westmoreland Coun with its existing authority for the pur FOR MODIFICATION OF iitSoner: ties, Pa., points in Mineral, Preston, pose of serving points in States other CATE), filed March M 9^ y0nkers, Tucker, Randolph, and Upshur Counties, than Alabama. RESORT B U S LINES, INC., ^ 3845 Linesiay, March 24, 1965 FEDERAL REGISTER ivy petitioner’s attorneys: W. C. torney: Herbert Burstein, 160 Broadway, M otor C arriers o f P roperty Mitchell and S. B. Zinder, 140 Cedar New York, N.Y., 10038. Authority sought No. MC-F-8699 (ARROW CARRIER K t New York, N.Y., 10006. Peti to operate as a common carrier, by motor CORP. — CONTROL — MODRAK tioner states that on January 13, 1965, it vehicle, over irregular routes, transport TRANSPORTATION CO., INC.), pub was issued a Certificate authorizing it to ing: General commodities, (1) from lished in the April 1, 1964, issue of the transport passengers and their baggage, points in Westchester County, N.Y., to F ederal R eg ister on page 4698. By L the same vehicle with passengers, be New York City and points in Dutchess order dated August 17,1964, by the Com tween New York, N.Y., and Pittsfield, County, N.Y.; (2) from points in Colum mission, Finance Board No. 1, the acqui Mass serving the intermediate points bia, Dutchess, and Orange Counties, N.Y., sition by ARROW CARRIER CORPORA ' of Yonkers, Tarrytown, Ossining, Har and New York City, N.Y., to points in TION of control of MODRAK TRANS mon, Groton, Peekskill, Greymore, Fish- Westchester County, N.Y.; (3) from New PORTATION CO., INC., through pur ¡kill Millbrook, Amenia, Millerton,' Co- York City, N.Y., to points in Columbia, chase of capital stock, and, in turn, by pake Falls, and Hillsdale, N.Y., and South Dutchess, Orange, Putnam, Rockland, J. E. ACKERMAN, R. J. ACKERMAN, ¡Egremont, Great Barrington, Stock- and Ulster Counties, N.Y.; and (4) from and JAMES J. BUCKLEY, was author bridge, and Lenox, Mass., restricted points in Columbia, Dutchess, Orange, ized. The proceeding was consummated against transportation of passengers and and Ulster Counties, N.Y., to New York November 12, 1964. By petition filed their baggage between New York, N.Y., City, N.Y. March 12, 1965, applicants seek reopen on the one hand, and, on the other, N o t e : T h is is a matter directly related to ing and modification of the proceeding Lenox and Pittsfield, Mass. By the in MC-F 9025, published in F ederal R egister to include merger into ARROW CAR stant petition, petitioner requests re issue of February 17,1965. RIER CORPORATION, of the operating moval of the above-referred to restric No. MC 120531 (Sub-No. 2), filed rights and property of MODRAK tion, so that it can be authorized to March 1, 1965. Applicant: FULLER TRANSPORTATION CO., INC., and for conduct unrestricted operations to and MOTOR EXPRESS, INC., 1200 Shull acquisition by J. E. ACKERMAN, R. J. from Lenox and Pittsfield, Mass. Any Street, West Columbia, S.C. Authority, ACKERMAN, and JAMES J. BUCKLEY, person or persons desiring to participate sought to operate as a common carrier, of control of such rights and property In this proceeding, may, within 30 days by motor vehicle, over irregular routes, through the transaction. from the date of this publication in the transporting: (1) General commodities, No. MC-F - 3756 (SEA-LAND Federal Register, file an appropriate (a) between points in Charleston Coun FREIGHT SERVICE, INC.—PUR pleading, consisting of an original and ty, S.C.; and (b) between points in CHASE—ALASKA FREIGHT LINES, six copies each. Charleston, Chester, Greenville, and INC.), published in the May 27, 1964, No. MC 124242 (PETITION FOR Spartanburg Counties, S.C., on the one issue of the F ederal R egister on page I MODIFICATION OF PERMIT), filed hand, and, on the other, points in South 6980. An amendment, with a motion March 8, 1965. Petitioner: TWIN Carolina; (2) cotton, in bales, between to dismiss for lack of jurisdication at CITIES NEWSPAPER SERVICE, INC., points in South Carolina; (3) cotton tached, was filed March 15,1965, to show 1161 Selby Ave., St. Paul, Minn. Peti piece goods, finished and unfinished, be joinder of SEA-LAND SERVICE, INC,, tioner states it holds Permit No. MC tween points in Anderson, Aiken, Chero Post Office Box 1050, Newark, N.J., as a 1124242, authorizing it to operate as a party applicant. contract carrier, by motor vehicle, over kee, Darlington, Fairfield, Greenwood; No. MC-F-9052. Authority sought Irregular routes, of: Exposed and proc Laurens, and York Counties, S.C.; (4) for control by CONTINENTAL TRANS essed film, microfilm and prints, com general commodities (except petroleum PORTATION LINES, INC., Continental plimentary replacement film, and inci- products, in bulk, in tank vehicles, Square, Graham Street, McKees Rocks, | dealer handling supplies and Classes A and B explosives and house Pa., 15136, of RAND EXPRESS Mvertising material moving therewith hold goods as defined by the Commis FREIGHT LINES, INC., 1110 Rutherford lexcept motion picture film used pri- sion), (a) between points in Richland Avenue, Lyndhurst, N.J., and for acqui i manly for commercial theater and tele- County, S.C., and points in that part of Lexington County. S.C., within a five (5) sition by MILTON E. HARRIS and !j?10n exhibition), between St. Paul, RUTH K. HARRIS, both also of McKees jr®** oa the one hand, and, on the miles radius of West Columbia and Rocks, Pa., of control of RAND EX ; points in that part of Wisconsin Cayce, S.C., and points in that part of PRESS FREIGHT LINES, INC., through on and west of U.S. Highway 53, said Lexington County lying east of U.S. the acquisition by CONTINENTAL | operations being limited to a transporta- Highway 176; and (b) between points in TRANSPORTATION LINES, INC, Ap ™ se^vice to be performed under a Richland County, S.C., and that part of plicants’ attorneys: John A. Vuono, 1515 contract or contracts, with Lexington County, S.C., as described Park Building, Pittsburgh, Pa., 15222, Photo °0-. of St. Paul, .Minn., above, on the one hand, and, on the and William Biederman, 280 Broadway, ^Eastinan Kodak Co. of Roch- other, points in South Carolina; and New York, N.Y., 10007. Operating rights R SJff. By the instant petition, (5) petroleum products, in bulk, in tank sought to be controlled: General com makp requests the Commission to vehicles, and crated household goods, modities, excepting among others, enter an order authorizing furniture and furnishings, (a) between household goods and commodities in g to h o n oi ite Permit so as to au- points in Charleston County, S.C.; (b) bulk, as a common carrier over regular for vrirtterv?ce within the scope thereof between points in Charleston, Chester, routes between Philadelphia, Pa., and & st Photo Service, Inc., of- St. Greenville, and Spartanburg Counties, New York, N.Y., between Albany, N.Y., M in ^ ^ J ^ d Pako Photo, Inc., of S.C., on the one hand, and, on the other, and New York, N.Y., serving certain off- for Man0^ ’ in addition to service points in South Carolina; and (c) from route points, between Utica, N.Y., and Co- and Eastman North Charleston, S.C., and points with New York, N.Y., between Waterford, died nnriov and ^ a t the matter be han- in a radius of five (5) miles thereof, to N.Y., and New York, N.Y., serving all oral heaT-in«m0A one hand, and, on the other, points in authorized to operate as a common car junction Broad Avenue and Maple AveJ Massachusetts, Rhode Island, and Con rier in Missouri and Illinois. Applica nue in Ridgefield, N.J., and junction necticut. CONTINENTAL TRANSPOR tion has been filed for temporary au Shaler Boulevard and Broad Avenue! TATION LINES, INC. is authorized to thority under section 210a (b). serving all intermediate points, between operate as a common carrier in New No. MC-F-9055. Authority sought for Ridgefield Park, N.J., and North Bergen! York, Pennsylvania, Maryland, Ohio, control and merger by BELL LINES, N.J., serving all intermediate points ou and New Jersey. Application has been INC., 6414 McCorkle Avenue SE., the New Jersey Turnpike only, one route! filed for temporary authority under sec Charleston, W. Va., of the operating for operating convenience only; pos| tion 210a(b>. rights and property of D.T. & C., INC., sengers and their baggage, between No. MC-F-9053. Authority sought for 892 Higgs Avenue, Columbus, Ohio. Ap site of the New York World’s Fair iii purchase by QUINN FREIGHT LINES, plicants’ attorneys: Francis W. Mc- Flushing, Borough of Queens, New York! INC., 1093 North Montello Street, Brock Inerny, 100 16th Street NW., Washing N.Y., and carrier’s present termini in] ton, Mass., of the operating rights of ton, D.C., 20036, and George, Greek, the Borough of Manhattan, New York,] ONTARIO FREIGHT LINES CORP., 112 King & McMahon, 44 East Broad N.Y., serving no intermediate points! Phelps Street, East Syracuse, N.Y., and Street, Columbus 15, Ohio. Operat RESTRICTION: The authority granted for acquisition by THOMAS J. LYONS, ing rights sought to be controlled and herein is restricted to the transportatioJ also of Brockton, Mass., of control of merged: General commodities, except of passengers and their baggage original such rights through the purchase. Ap those of unusual value, and except ing at or destined to points on carrier’! plicants’ attorneys: Carmine Grasso, livestock, dangerous explosives 'other presently authorized routes in New Jer-1 400 Grange Building, 101 South Warren than small-arms ammunition, house sey, for such periods in 1964 and 1965, as] Street, Syracuse, N.Y., 13202, Mary E. hold goods as defined in Practices the New York World’s Fair is open to tha Kelley, 10 Tremont Street, Boston, Mass., of Motor Common Carriers of Household public; between Rochelle Park, N.J., and and Milton Diehl, Room 1383, National Goods, 17 M.C.C. 467, and liquids in bulk, Paramus, N.J., serving all intermediate Press Building, Washington 4, D.C. Op in tank trucks, as a common carrier, over points. MANHATTAN TRANSIT COMj erating rights sought to be transferred: regular routes, between Columbus, Ohio, PANY is authorized to operate as a cm\ In pending Docket No. MC-120033 Sub and Detroit, Mich., serving certain in mon carrier in all States in the Unite] 1, seeking a certificate of registration, termediate and off-route points, one States (except Hawaii) and the Districl covering thé transportation of general alternate route for operating conven of Columbia. Application has not been commodities, as a common carrier, in ience only. BELL LINES, INC., is au filed for temporary authority under sec] intrastate commerce, within the State of thorized to operate as a common carrier tion 210a(b). New York. Vendee is authorized to op in Indiana, North Carolina, Ohio, West Note: Common control existed prior t;oj erate as a common carrier in Maryland, Virginia, Pennsylvania, Virginia, Ken 1935. New York, Massachusetts, Rhode Island, tucky, South Carolina and Tennessee. Connecticut, New Jersey, Pennsylvania, Application has been filed for temporary By the Commission. Virginia, Delaware, New Hampshire, authority under section 210a(b). [seal] Bertha F. Armes, j Maine, West Virginia, and the District Acting Secretary, j of Columbia. Application has not been M otor Carriers of P assengers [F.R. Doc. 65-2999; Filed, Mar. 23, 19653 filed for temporary authority under sec No. MC-F-9051. Authority sought for 8:47 a.m.l tion 210a(b). merger into MANHATTAN TRANSIT Note: No. MC-4941 Sub 18 is a matter di COMPANY, U.S. Highway 46, East Pat rectly related. terson, N.J., of the operating rights of [Notice 345] WESTWOOD TRANSPORTATION DTOR CARRIER ALTERNATE ROUtf No. MC-F-9054. Authority sought for LINES, INC., 149 Liberty Street, Little purchase by BASIN TRUCK LINES, Ferry, N.J., and for acquisition by BEN DEVIATION NOTICES INC., 210 East Oaklawn, Warrenton, Mo., March 19,1965. of the operating rights and certain prop JAMIN CASSER, ROSE CASSER (BEN erty of DANIEL HARRIS, JR., doing JAMIN CASSER, EXECUTOR), both of rhe following letter-notices, of g j| business as HARRIS MOTOR 300 County Road, Cresskill, N.J., LEON ;als to operate over deviation rou FREIGHT, Steelville, Mo., and for ac ARD CASSER, 28 Berkeley Drive, Tena- operating convenience only 1 quisition by J. DALE PERKINSON, fly, N.J., JOSEPH CASSER, 265 Moun :n filed with the Interstate Conner j Route 3, Box 25, Chesterfield, Mo., H. tain Road, Englewood, N.J., JULIUS ¿mission, under the Cornmmsio | ROBERT CLARK, also of 210 East Oak- CASSER, EVELYN CASSER, both of 700 nation rules revised, 1957 (43 I lawn, Warrenton, Mo., CHARLES D. Carroll Place, Teaneck, N.J., JEROME ..1(c)(8)) and notice thereof to J VOGT, 453 Hill Trail Drive, St. Louis CASSER, 230 Fountain Road, Englewood, erested persons is hereby g J County, Mo., and LINCLAY CORPORA N.J., BLANCHE WASSERBURGER, 340 ivided in such rules (49 CFR 2 -1 TION OF KIRKWOOD, 8 Progress Park Broad Street, Englewod, N.J., and way, St. Louis, Mo., 63045, of control of CAROL GARDY, 178 Glenwood Road, »rotests against the use of aW'JJJji such rights and property through the Englewood, N.J., of control of such rights ied deviation route herein descM purchase. Applicants’ attorney: Joseph through the transaction. Applicants’ y be filed with the Interstate Cffll R. Nacy, 117 West High Street, Post Of attorneys: Robert E. Goldstein, 24 West rce Commission in the mann I fice Box 352, Jefferson City, Mo., 65102. 40th Street, New York, N.Y., 10018, and m provided .in such rules I Operating rights sought to be trans Paul Coyle, 5631 Utah Avenue NW., .1(e)) at any time, but wij no 1 ferred: General commodities, excepting, Washington, D.C., 20015. Operating to stay commencement of tn p J#l among others, household goods and com rights sought to be merged: Passengers ied operations unless filed 1 modities in bulk, as a common carrier, and their baggage, and express and news rs from the date of PuWjJ j J over regular routes, between East St. papers, in the same vehicle with pas Successively filed letter-not e l Louis, HI., and Howes Mill, Mo., serv sengers, as a common carrier, over regu ne carrier under the Gommg J ing certain intermediate and off route lar routes, between North Hackensack, nation rules revised, 195/, points; general commodities, except N.J., and Weehawken, N.J., between nbered consecutively t ^ any! ing, among others, household goods North Hackensack, N.J., and New York, identification and Prote^ tices by and commodities in bulk, over irregular N.Y., between Rochelle Park, N.J., and iuld refer to such letter-nou | routes, between points in Crawford Weehawken, N. J., between Rochelle Park, nber. County, Mo., south of the Meramec N.J., and New York, N.Y., between Wee M otor Carriers of P roper1* River, on the one hand, and, on the hawken, N.J., and Manhattan, New York, other, points in the St. Louis, Mo.-East N.Y., in Ridgefield Park, N.J., between St. Louis, 111., Commercial Zone as de Hackensack, N.J., and River Edge, N.J., ESTATE MOTOR Grand fined by the Commission. Vendee holds serving all intermediate points; pas 134 Grandville Avenue SW- J31 no authority from this Commission. sengers and their baggage, and express, s, Mich., 495°2, ffied Mate as a mail, and newspapers in the same vehicle Carrier proposes to ^ ^ o d itie s i 'However, it is affiliated with BURG- on carrier of general d viation| GRABE TRUCK LINES, INC., Old U.S. with passengers, between Hackensack, Highway 40, Warrenton, Mo., which is N.J., and Ridgefield Park, N.J., between Wednesday, March 24, 1965 FEDERAL REGISTER 3847 routes as follows: (1) From Baltimore, M otor Carriers of P assengers No. MC 58915 (Deviation No. 1), LIN Md over Interstate Highway 83 to No. MC 1515 (Deviation No. 230), COLN TRANSIT CO. INC., Route 46, Harrisburg, Pa.; (2) from junction U.S. GREYHOUND LINES, INC. (WESTERN East Paterson, N.J. Applicant’s attor Highway 127 and Interstate Highway DIVISION), Market and Fremont ney: Robert E. Goldstein, 24 West 40th 275, north of Cincinnati, Ohio, over Streets, San Francisco, Calif., 94106. Street, New York, N.Y., filed March 8, Interstate Highway 275 to junction Applicant’s attorney: W. T. Meinhold, 1965. Carrier proposes to operate as a U.S. Highway 127 south of Cincinnati; 371 Market Street, San Francisco, Calif., common carrier, by motor vehicle, of (3) from Washington Court House, 94105,'-filed March 9, 1965. Carrier pro passengers and their baggage and ex I Ohio, over U.S. Highway 22 to Zanesville, poses to operate as a common carrier, by press, and newspapers, in the same ve Ohio; (4) (a) from Des Moines, Iowa, motor vehicle, of passengers and their hicle with passengers, over a deviation over Interstate Highway 235 to junction baggage, and express and newspapers, in route as follows: (1) From the junction Interstate Highway 35; (b) from junc- the same vehicle with passengers over of U.S. Highways 206 and 30 and New 1 tion U.S. Highway 6 and Interstate High- deviation routes as follows: (1) From Jersey Highway 54 in Hammonton, N.J., I way 35, over Interstate Highway 35 to junction unnumbered highway and U.S. over New Jersey Highway 54 to the junc ¡Kansas City, Kans.; (5) (a) from Wash Highway 101 (Crannell Junction), over tion of Atlantic City Expressway Inter ington, D.C., over Interstate Highway 95 U.S. Highway 101 to junction unnum change 28, and thence over Atlantic City to Boston, Mass., (b) from junction bered highway (Mad River Bridge); (2) Expressway to Atlantic City, N.J.; and ! Interstate Highway 95 south of Wilming- from junction unnumbered highway and over access routes between (a) junc - ton, Del., over Interstate Highway 295 U.S. Highway 101 (Humboldt Hill Road tion Atlantic City Expressway Inter to Trenton, N.J., (c) from junction Inter Junction), over U.S. Highway 101 to change 7 and junction Garden State state Highway 295 and the New Jersey junction unnumbered highway (Salmon Parkway Interchange 38 in Egg Harbor I Turnpike, south of Wilmington, Del., over Avenue Junction); (3) from junction Township, N.J., and (b) junction of At i the New Jersey Turnpike to junction unnumbered highway and U.S. Highway lantic City Expressway Interchange 4 i Interstate Highway 95 at Newark, N.J.; 101 (North Fields Landing Junction), and junction Shore Road in Pleasant- ; (d) from junction U.S. Highway 1 and over U.S. Highway 101 to junction un ville, N.J., and return over the same ; Interstate Highway 495, north of Wash numbered highway (South Fields Land routes, for operating convenience only. ington, D.C., over Interstate Highway ing Junction); (4) from junction unnum The notice indicates that the carrier is 495 to junction U.S. Highway 1, south of bered highway U.S. Highway 101 (North presently authorized to transport pas Washington, D.C.; and (e) from junction Whites Slough Junction), over U.S. High sengers and the above specified property, , US. Highway 1 and Interstate Highway way 101 to junction unnumbered high over pertinent service routes as follows: 695, north of Baltimore, Md., over Inter way (South Whites Slough Junction); from New York, N.Y., over U.S. Highway state Highway 695 to junction U.S. High (5) from junction unnumbered highway 9 to Absecon, N.J., thence over U.S. High way l, south of Baltimore, Md., and re- and U.S. Highway 101 (North Fortuna way 30 (Absecon Boulevard), to Atlantic I turn over the same routes, for operating Interchange), over U.S. Highway 101 to City, N.J.; from Absecon, N.J. over convenience only. The notice indicates junction unnumbered highway (Rohner- Shore Road to Pleasantville, N.J., thence j that the carrier is presently authorized vUle Overcrossing); (6) from junction over Pleasantville Boulevard to Atlantic I to transport the same commodities over California Highway 254 and U.S; High City, N.J.; from junction New Jersey pertinent service routes as follows: from way 101 (Englewood), over U.S. Highway Turnpike and New Jersey Turnpike ac Baltimore, Md., over U.S. Highway 111 101 to junction California Highway 254 cess road for Bordentown, N.J., over ac to Harrisburg, Pa.; from Cincinnati, (Tuttle Creek Junction); (7) from junc cess road to junction U.S. Highway 206, Vr®* over U.S. Highway 127 to the tion unnumbered highway and U.S. thence over U.S. Highway 206 to junc [ ifiehigan-Ohio State line; from Cin Highway 101 (Forsythe Creek Junction) , tion U.S. Highway 30, and thence over cinnati, Ohio, over Ohio Highway 3 to over U.S. Highway 101 to junction un U.S. Highway 30 to Absecon, N.J.; from i!lTAUS’ Ohio> thence over U.S. High- numbered highway (Ford Road Junc junction U.S. Highway 9 and Garc|®n y 40 to Zanesville, Ohio; from Omaha, tion) ; (8) from junction unnumbered State Parkway Interchange Road <127 Nebr., over U.S. Highway 6 to Moline, 111., highway and U.S. Highway 101 (North in or near Woodbridge, N.J., over K o0v® Illinois Highway 92 to junc- Hiatt Road Junction), over U.S. High Garden State Parkway Interchange K - S‘ H^hway 34, thence over U.S. way 101 to junction unnumbered high Road 127 to junction Garden State U l i n <-)sweso, 111., thence over way (Rich Ranch Road Junction); and Parkway, thence over Garden State Jumois Highway 31 to Aurora, 111., thence (9) from junction unnumbered highway Parkway to junction Garden State ffighSiv'?! Hl?w ay 65 to junction U.S. and U.S. Highway 101 (North Healds- Parkway Interchange Road 36 in Egg wavK34^ d thence over U.S. High burg Junction), over U.S. Highway 101 Harbor Township, N.J., thence over way.., Chicago, 111.; from Beatrice, to junction Business Route U.S. Highway Garden State Parkway Interchange Nebr” °Ve„r U S' HiShway 77 to Lincoln, 101 (North Santa Rosa Junction), and 36 to junction Atlantic County Highway to rw iT ? ence over U.S. Highway 6 return over the same routes, for operat 50 (Tilton Road), thence over Atlantic overTif’ ?!br‘: from Beatrice, Nebr., ing convenience only. The notice indi County Highway 50 to junction U.S. US w!uraska Highway 4 to junction cates that the carrier is presently author Highway 40, thence over US. Highway 40 wav 73> thence over U.S. High- ized to transport the same commodities to junction Shore Road in Pleasantville, Us m Hiawatha, Kans., thence over over a pertinent service route as follows: N.J.; from junction Garden State Park from the point where U.S. Highway 101 way and Garden State Parkway Inter Joseph, Mo., and intersects the Oregon-California State change Road 40 in Galloway Township City r-o« *' Highway 71 to Kansas liner over U.S. Highway 101 to junction over Garden State Parkway Interchange over’u from Washington, D.C., unnumbered highway (North Healdsburg 40 to junction U.S. Highway 30, thence from New vSw y 1 to NewYork, N.Y.; Junction), thence over unnumbered over U.S. Highway 30 to junction U.S. 1 to Ea Conn.; from New Highway 101 (South Healdsburg Junc junction Garden State Parkway and ^st P o r t T * U'S -Hgihway 1 to tion) , thence over U.S. Highway 101 to Garden State Interchange Road 3T in Conn, over u ? w i rom New Haven, junction Business Route U.S. Highway Egg Harbor Township over Garden State Conn, then« S' Highway l to Groton, 101 (North Santa Rosa Junction), thence Parkway Interchange Road 37 to junc over Business Route U.S. Highway 101 tion Atlantic County Highway 8 (Wash 12 to- Nomieh V6i C°nnecticut Highway through Santa Rosa to junction U.S. ington Avenue) , thence over Atlantic London fn« Conn-’ and from New Highway 101 (South Santa Rosa Junc way 95 L T 1! 0Ver Connecticut High- County Highway 8 to junction Shore tion), thence over U.S. Highway 101 to Road in Pleasantville, N.J., and return State line Connecticut-Rhode Island junction unnumbered highway north of over the same routes. ,over Rhode Island Cotati (North Cotati Junction), thence 0Ver Rhode Tci Hphkmton, r j >( thence over unnumbered highway through Cot By the Commission. fence, rt _ and Highway 3 to Provi- ati and Petaluma to junction U.S. High [seal] B ertha F. Armes, Way l tn Tj . thence over U.S. High- way 101 (Petaluma Junction), thence Acting Secretary. toesameroutes1’ Mass’’ and return over over U.S. Highway 101 to San Francisco, [F.R . Doc. 65-2998; Filed, Mar. 23, 1965; and return Over the same route. 8:47 a.m.J 3848 NOTICES NOTICE OF FILING OF MOTOR CAR erate a freight service as follows: Trans rected to the Interstate Commerce ComJ RIER INTRASTATE APPLICATIONS portation of: general commodities, ex mission. cluding used household goods, commodi M arch 19, 1965. ties in bulk, in tank or hopper vehicles, By the Commission. The following applications for motor explosives, and commodities requiring [ seal] B ertha P. Armes, common carrier authority to operate in special equipment, between Nashville and A cting Secretary. I intrastate commerce seek concurrent Celina, Tenn., serving all intermediate [F.R. Doc. 65-3002; Filed, Mar. 23, 1965; motor carrier authorization in interstate points, except that service is restricted 8:47 a.m.] or foreign commerce within the limits of against any pickup or delivery at any the intrastate authority sought, pursuant point in Sumner County, Tenn., over the [Notice 1143] to section 206(a) (6) of the Interstate following described route: From Metro Commerce Act, as amended October 15, politan Nashville and Davidson County, MOTOR CARRIER TRANSFER 1962. These applications are governed Tenn., via U.S. 31E to its junction with PROCEEDINGS by Special Rule 1.245 of the Commis Tennessee Highway 25 at Gallatin, thence sion’s rules of practice, published in the via Tennessee Highway 25 to its junction March 19,1965. j F ederal R eg ister, issue of April 11, 1963, with Tennessee Highway 10 east of Application filed for temporary au page 3533, which provides, among other Hartsville, thence via Highway 10 to thority under section 210(a) (b) in con things, that protests and requests for Lafayette, and thence via Tennessee nection with transfer application under] information concerning the time and Highway 52 to Celina and return over the section 212(b) and Transfer Rules, 49 place of State Commission hearings or same route, with authority to use all CFR Part 179; other proceedings, any subsequent highways within Metropolitan Nashville No. MC-FC-67719. Application filed changes therein, and any other related and Davidson County, and authority to March 16, 1965, for GARDINER’S EX matters shall be directed to the State serve all points within Tennessee which PRESS, INC., 552 North First Road] Commission with which the application are within three miles of Hartsville, La Hammonton, N.J., to temporarily leas« is filed and shall not be addressed to or fayette, Red Boiling Springs, Hermitage the operating rights of JERICHO filed with the Interstate Commerce Com Springs, and Celina, respectively. MOTOR EXPRESS, INC., Cherry Hill mission. HEARING: April 13,1965, at 9:30 a.m. Industrial Center, Cherry Hill, N.J.J State Docket No. MC 4698, filed March at the Commission’s Court Room, C-l under section 210a(b). The transfer to 2,1965. Applicant: J. FRED WITCHER, Cordell Hull Building, Nashville, Tenn. GARDINER’S EXPRESS, INC., of the doing business as MERCHANTS TRUCK Requests for procedural information, operating rights of JERICHO MOTOR LINE, 302 Church Street, Lafayette, including the time for filing protests, EXPRESS, INC., is pending. Tenn. Applicant’s attorney: Clarence concerning this application should be ad [seal] B ertha F. Armes, Evans, 710 Third National Bank Building, dressed to the Tennessee Public Service A cting Secretary, j Nashville, Tenn. Certificate of public Commission, Cordell Hull Building, [FJft. Doc. 65-3003; Filed, Mar. 23, 1965; convenience and necessity sought to op- Nashville, Tenn., and should not be di 8:47 a.m.] Wednesday, March 24, 1965 FEDERAJL REGISTER 3849 CUMULATIVE LIST OF CFR PARTS AFFECTED— MARCH The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during March. Page I CFR PaBe 7 CFR-— Continued 14 CFR—Continued page Appendix A------3102 P roposed R ui.es—Continued 31_i— ______-____ £__ 3376 917-____ 3542 39______— 2655, 3 CFR 959______3662 2761, 2855, 2924, 3349, 3350, 3377, Proclamations: 991______3268 3421, 3515, 3758. 3638 ______— — — 2639 1003______3765 43______3637 3639 _ ——:--:------2641 1013—__—______2870 61______2924, 2927 3640—______2643 1031______3224 65— — ______- 3637 3641______-_____ 2759 1032—— ...... 3224 71______,______2655, 3642 ______2919 1036—______3768 2702, 2762-2764, 2855, 2856, 2927, 3643 _____ - 3509 1038______—_ 3224 29?8, 3350-3353, 3378, 3422, 3515, 3644 ...... ___...... 3511 , 1039______—. 3224 3516, 3639-3641, 3759, 3813-3815 3645 _ — 3739 1051______3224 73______— 2764,3422,3705,3759 Executive Orders: 1062— ___ ’_____ 3224 75...... -___ — ______2928, 3378, 3516 10729 (revoked by EO 11205) __ 3513 1063______3224 91______— _ 3200,3637, 3705, 3706 11200 ______2645 1067______3224 95______— ______3759 11201 ...... __ 2921 1070______3224 97— ___ 2765, 2772, 3517 11202.______31851072-______2805 121— ______— 3200, 3637 11203 ______34171076— ______2805 207______——___- :_—— — 2655 11204 ...... — 3419 1078______3224 242——__ ;______— — —___ 2856 11205 ______35131079—______3224 295______2656, 3353 11206 ______3741 1099______2672 298— ______— „ ______— 2779 11207 .... _.___...... 3743 1103_____ —;______3470 1204—___ — —————___ 3378 5 CFR 1105-______3470 P roposed R u l e s : 213__ 2649, 1125______— 3603 39—___ _ 2682, 2718, 3224, 3782,3783 2701, 2851, 3263, 3349, 3593, 3745, 1131______— 3386 71____ — ______—_____ 2682, 3809. 1133______3606 2821, 2822, 2874, 2952, 2953, 3224, 302—...... 3349 1136______— ___ 2723 3225, 3356, 3390, 3391, 3452-3455, 410...... — ______3349 1138— —__ 3781 3549, 3664, 3665, 3713,3783-3785, Ch. XIV______2805 3820, 3821. 6 CFR 73______3391, 3549 8 CFR 75_____ —______— 2953, S ...... -— ------3745 205______3200 3225, 3391, 3549, 3666, 3714, 3785 7 CFR 212______3200 93______3550 99______3550 S------9 CFR 2923 72______2702 207______— 3662 ...... —...... _____ 3809 249______2713 5{------78______2851 ______3312,3757 ------3371, 3633 P roposed R ules: 16 CFR 4«,...... 2649, 2650, 2781, 3693 17______— ___ 3272 13______2858, 2859, 2929, 3762 Z ------2781, 2782, 3698, 3748 18,______3272,3273 J ——------2701 17 CFR 10 CFR 230______2657 814"—------2852 i______3704 842------2701, 2788 239 ______3312 30______*•______3374 240 .— ______— 3525 862'""' 3634 P roposed R ules: 249______3312, 3422, 3430 877 3810 2______2821 905 ---- -— ------3699 274______— ...... 3312 907------3311 12 CFR P roposed R u l e s : 908" “ -— ------2923, 3372, 3703 2651 240...... __...... 3457, 3551 910 r ...... 2923, 3372, 3703 208. 3525 18 CFR 213 2854 911 2924, 3187, 3373, 3421, 3704, 3748 141------3707 221 3812 P roposed R u l e s : 912 . 3373 530. 3264 154____ 3715 944 ------3263 545 2854 157______3715 959------3374 555. 3264 971 2784 570. 3264 19 CFR 1004 ...... 3264 P roposed R u l e s : 2...... 3593 1013------—— 3311 12...... 3764 6______3593 1030 ...... - ...... 3748 543 ______2875 8_...... 3593 1031 ------3187 544 ______2876 P roposed R u l e s : 1099...... — — 3188 545 ______2876 Ch. I______2952 1421. 3750 561______3274 13______3385 1464. 2852, 3195 563______2876 1475. 2651 20 CFR ------2854 13 CFR 404______2703, 3207 Ch. XVll'~...... 2784> 3515 107______2652-2654, 3635 21 CFR Pr°posedRu'les' —------2651 P roposed R u l e s : 19...... 3526 51. 107______2683 36______j ______2860 52. ... 3716, 3719 111______2890 120 ______2704 55...... -...... — 34 44 121_____ 3273 121 _ 2657, 362...... 34 50 2704, 2945, 3207, 3353, 3354, 3434, 728 ——w___ 3542 14 CFR 3435, 3528, 3594, 3641, 3707, 3815 ...... — 3601 1...... 3637 141a______2865 ...... 3658 25______3200 146______2704 3850 FEDERAL REGISTER 21 CFR—Continued Page 3 2 CFR— C ontinued Page 43 CFR— Continued Page 146a____ :______2865,3642 1053______1 3596 Public Land Orders—Continued 146c______2945 1059______3596 3551 ______2661 1470______3643 3552 ______2661 2 2 CFR 3553 ______2661 61______3265 32A CFR 3554 ______2661 401___>______3379 NSA (Ch. x v m ) : 3555 ______OPR-4___ *______2793 2661 2 4 CFR 3556 ______2662 200 ______2657 ' 3 3 CFR 3557 _ — ______2662 203______2657 202______2761, 3596, 3710 3558 ______3267 204 ...... 3763 3559 ______3439 2 5 CFR 207 ..... 3265,3382 3560 ______3439 Proposed Rules: 208 ______3530 3561 ______3440 251______3598 3562 ______3440 3 6 CFR 3563 ______3440 2 6 CFR 7 ______-__ 2950 3564 ______3441 1______2841, 2843, 3208, 3322, 3435 Proposed Rules: 3565 ______2______3441 47_____ *.______3437 7______3712 3566 ______3441 275______2658 25 3658 301______3762 4 5 CFR 3 8 CFR 114______3763 Proposed Rules: 3531 1______2663, 2669, 3764, 3765 3 3354 166______8 . 3643 4 6 CFR 2 9 CFR 17 ______— 2705,3215 3441 40 ______3528 21 .. _. — 2705 2798 41 ..... _____ ^ 2945 3 9 CFR 31 ___ 3220 670 ______2791 A 3437 3220 673______3529 13______3437 3220 675______2792 17 96RQ 3221 677______3708 99 3763 3222 678______3709 KA 9761 3222 Proposed Rules: 61 2868 502______3267 545 2954 98______3215 510 ______-______3355 111 3216 526______3267 3 0 CFR 112______3216 P roposed R ules : IT 3753 132 ___ 3216 251______2681,,3548 12 3753 141 ... 3216 ______3392 13 ______3753 161 ______3216 47 CFR 14 ______3754 162 ______3216 n ___ 2705, 3223 14a______3754 163______3216 1 __ 2705,,3223 18 ______3754 168 ______3438, 3710 3597 19 ______3754 P roposed R ules: 3223 20— ______3755 16______3820 73 _ 3442.3537,3816, 3817 21______3755 24 3820 2799 22______3755 114 ._ 3444 tu------2706, 3443 23______3755 192 3444 2705 24 ______3755 25 ______3755 41 CFR P roposed R ules: 3822 26______3756 1-16______2803 1 ------^ 3455i3826 27 ... ______3756 3-1______3218 3457 31 ______3756 9-7______3323 3 2 ______3756 9-15— ______3219 49 CFR 2662 33 3757 101-45 2930,3384 2712 34 __ 3757 2712 35 3757 43 CFR 170------3597, 36 3757 18— ______3265 3711 229______2865 2210 _ 3657.3710 Proposed R ules : 3225 nh TTT 2863 9240 3438 3226 Public Land Orders : 2719 32 CFR 823(revoked by PLO 3563)— 3440 805______3321 2588 (revoked in part by PLO 835______3689 3558 and revoked in part by 50 CFR 3323 1001 ______3595 PTiO 3562) 3267r3440 3752 1002 ______3595 2659 (revoked in part by PLO 32_ ------2802, 2803,3267, 3752 1004______3595 3562) ..... 3440 1907 _ 3595 3276 (revoked in part by PLO P roposed R ules: 3598 1016 ____ 3596 3551)______- 2661 Know Your Government The United States Government Organization Manual is the official guide to the functions *of the Federal Government. $ f . 7 5 JL per copy. Paper bound, with charts Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C., 20402