FEDERAL REGISTER VOLUME 34 • NUMBER 72 Wednesday, April 16, 1969 • Washington, D.C. Pages 6509-6564

Agencies in this issue— Atomic Energy Commission Civil Aeronautics Board Civil Service Commission Coast Guard Consumer and Marketing Service Customs Bureau Federal Aviation Administration Federal Communications Commission Federal Home Loah Bank Board Federal Maritime Commission Federal Power Commission Federal Reserve System Federal Trade Commission Fiscal Service Fish and Wildlife Service Food and Drug Administration Foreign Agricultural Service Interstate Commerce Commission Land Management Bureau Maritime Administration National Park Service Property Management and Disposal Service Public Health Service Securities and Exchange Commission Small Business Administration Transportation Department Detailed list of Contents appears inside. Just Released

CODE OF FEDERAL REGULATIONS

(A s of January 1, 1969)

Title 26— Internal Revenue (Parts 30-39) (Revised)____ $1.25

Title 32— National Defense (Parts 700-799) (Revised) 3.50

Title 41— Public Contracts and Property Management (Chapters 2-4) (Revised)______1.00 \ \ [A Cumulative checklist of CFR issuances for 1969 appears in the first issue of the Federal Register each month under Title 1]

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

^ m \ r m C D l l 1J r ■ C T r i) Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or r r J l r n / | | on the day after an official Federal holiday), by the Office of the Federal Register, Nation # Archives and Records Service, General Services Administration (mail address Nations Area Code 202 Phone 962-8626 Archives Building, Washington, D.C. 20408), pursuant to the authority contained in tn^ Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superintenden of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable . advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documen . U.S. Government Printing Office, Washington, D.C. 20402. t The regulatory material appearing herein is keyed to the C ode o f F ederal R e g u l a t io n s , which is published, under 50 titles, pursua to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The C ode o f F ederal R e g u l a t io n s is sold by the Superinten e of Documents. Prices of books and pocket supplements are listed in the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the F ederal R egister or the C ode o f F ederal R egulations. Contents

AGRICULTURE DEPARTMENT COMMERCE DEPARTMENT FEDERAL HOME LOAN BANK See Consumer and Marketing See Maritime Administration. BOARD Service; Foreign Agricultural Proposed Rule Making Service. CONSUMER AND MARKETING SERVICE Federal Savings and Loan Insur­ ATOMIC ENERGY COMMISSION ance Corporation; proposed Rules and Regulations Rules and Regulations amendments relating to ap­ Milk; handling: proval of certificate forms____ 6543 Exemptions and continued regula­ Mississippi marketing area----- 6516 tory authority in agreement Wichita, Kans. marketing area. 6516 Federal Savings and Loan System; States under Section 274; trans­ Limes; import regulations------6516 proposed amendments relating fer of products containing by­ Special milk program for chil­ to savings deposits and payment product material and source dren ______- 6515 of earnings______6542 material from licensing and Proposed Rule Making regulatory requirements------6517 FEDERAL MARITIME Proposed Rule Making Labeling; use of term “farm’" or similar terms on labels of meat COMMISSION Backfitting of production and food products—------6538 utilization facilities, construc­ Milk in Tri-State, Clarksburg, Notices tion permits and operating W. Va., and Eastern Ohio- Lykes Bros. Steamship Co., Inc.; licenses------6540 Western Pennsylvania market­ general increase in rates in U.S. ing areas; decision------6531 Notices Gulf/Puerto Rico trade; order of Jersey Central Power & Light investigation______6551 Co.; issuance of provisional op­ CUSTOMS BUREAU erating license------6547 Rules and Regulations FEDERAL POWER COMMISSION Articles conditionally free, subject CIVIL AERONAUTICS BOARD to reduced rate, etc; bunker fuel Rules and Regulations Notices * oil for vessels------6520 Statements and reports; order Hearings, etc: FEDERAL AVIATION prescribing revised instruction Air West, Inc______6549 to a schedule of FPC Form Cia Rutas Internacionales Pe­ ADMINISTRATION No. 1-M______6520 ruanas, S.A. (R IP S A )______,6550 Rules and Regulations Internacional de Aviación, S.A_ 6550 Notices International Air Transport Airworthiness directives: Association (2 documents)_ 6547 Fairchild Hiller aircraft------6519 Hearings, etc.: Lockheed Model L-188 Series Humble Oil & Refining Co., et al_ 6552 CIVIL SERVICE COMMISSION airplanes ______6518 Natural Gas Pipeline Company Transition area: of America______6552 Rules and Regulations Alteration ______6519 Employee responsibilities and Withdrawal of alteration------6519 FEDERAL RESERVE SYSTEM conduct; specific provisions of Proposed Rule Making agency regulations for special Transition area; withdrawal of Notices Government employees______6515 First Wisconsin Bankshares Corp.; Excepted service: proposed designation______6540 Housing and Urban Develop­ order approving application___ 6552 ment Department (2 docu­ FEDERAL COMMUNICATIONS ments) ______6515 COMMISSION FEDERAL TRADE COMMISSION Treasury Department (2 docu­ Rules and Regulations Rules and Regulations ments) ______6515 Amateur radio service; station Notices Administrative opinions and rul­ co n tro l______:______6528 ings; legality of membership by Authority to make noncareer Aviation services; high frequency brewer in beer wholesalers’ trade executive assignments; assignments allocation______6528 association ______6519 Commerce Department______6551 Chief, Broadcast Bureau; delega­ Health, Education, and Wel­ tion of authority______6524 FISCAL SERVICE fare Department______6551 Domestic public radio services Systems Training Administrator (other than maritime mobile); Rules and Regulations (Chief, Systems Training Divi­ television relay service to com­ sion), ADP Systems integra­ munity antenna television sys­ Withdrawal of cash from Treas­ ury for advances under Federal tion and Conversion Director­ tems ______6525 grant and other programs____ 6521 ate, USAMC Automated Logis­ ITU Manual; use______6527 tics Management Systems Noncommercial educational Agency, Department of the broadcasting; free or reduced FISH AND WILDLIFE SERVICE Army; manpower shortage__ _ 6551 rate interconnection service___ 6526 Rules and Regulations COAST GUARD Notices Squaw Creek National Wildlife Cumberland Gap Broadcasting Refuge, Mo.; sport fishing_____ 6529 Proposed Rule Making Co.; designating application for (Continued on next page) Radiotelephones on drawbridges. 6539 hearing______6551 6511 6512 CONTENTS

FOOD AND DRUG INTERSTATE COMMERCE PUBLIC HEALTH SERVICE ADMINISTRATION COMMISSION Proposed Rule Making Notices Rules and Regulations Hartford-Springfield Interstate Petitions filed regarding food ad­ Car service (3 documents)______6529 Air Quality Control Region; pro­ ditives and pesticides: Notices posed designation______6539 Chemagro Corp______6546 Glidden Co______6546 Fourth section application for Vascular Pharmaceutical Co., Inc., r e lie f______6554 SECURITIES AND EXCHANGE and Edison Pharmaceutical Co., Motor carrier: COMMISSION Alternate route deviation no-' •Inc.; notice of scheduling of Notices hearing and prehearing confer­ t ic e s ______6554 ence regarding cothyrobal_;___ 6547 Applications and certain other Hearings, etc.: proceedings______6555 Commercial Finance Corporation FOREIGN AGRICULTURAL Intrastate applications______6563 of New Jersey______6553 Temporary authority applica­ SERVICE tions ______6561 Gulf Power Co______6553 Notices LAND MANAGEMENT BUREAU SMALL BUSINESS Certain cheese; submission of in­ formation for review of histori­ Rules and Regulations ADMINISTRATION cal quota share of licenses for New Mexico; public land orders Notices importation______6546 (2 documents)______6524 Mapelton Capital Corp.; notice Notices GENERAL SERVICES of surrender of license______6553 ADMINISTRATION Colorado; proposed classification of public lands for multiple-use TRANSPORTATION DEPARTMENT See Property Management and management (2 documents)___ 6546 Disposal Service. See also Coast Guard; Federal MARITIME ADMINISTRATION HEALTH, EDUCATION, AND Aviation Administration. Rules and Regulations WELFARE DEPARTMENT Notices General agents, agents, and berth St. Lawrence Seaway Development See Pood and Drug Administra­ agents; miscellaneous amend­ tion; Public Health Service. ments ______6522 Corporation; designation of Acting Administrator______6547 INTERIOR DEPARTMENT NATIONAL PARK SERVICE See Fish and Wildlife Service; Rules and Regulations TREASURY DEPARTMENT Land Management Bureau; Na­ tional Park Service. Amistad Recreation Area; alco­ See Customs Bureau; Fiscal holic beverages and firearms __ 6523 Service. PROPERTY MANAGEMENT AND DISPOSAL SERVICE Notices Portion, former Olmstead Air Force Base Spaydes Island, Middletown, Pa.; transfer of property ______65&3 CONTENTS 6513 List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1969, and specifies how they are affected.

5 CFR 12 CFR 3 6 CFR 213 (4 documents)------6515 P roposed R u l e s : 7______6523 735______- ____ 6515 545______6542 563______6543 4 2 CFR 7 CFR P roposed R u l e s : 14 CFR 81______6539 215______—— _____6515 944______6516 39 (2 documents)______6518, 6519 1073____ 6516 71 (2 documents)______6519 4 3 CFR 1103______6516 P roposed R u l e s : P u b l ic L a n d O r d e r s:

P roposed R u l e s : 71______6540 4590 ______6524 4591 ______6524 1005______6531 16 CFR 1009______j.____ _ 6531 4 7 CFR 1036______6531 15 ______6519 0______6524 18 CFR 21______6525 9 CFR 141______6520 43—______6526 P roposed R u l e s : 81______=______6527 19 CFR 83______6527 317------6538 87______6528 10______6520 97------6528 10 CFR 31 CFR 4 9 CFR 150___------6517 205______1______6521 1033 (3 docum ents)______6529, 6530 P roposed R u l e s : 2------6540 32A CFR 5 0 CFR NSA (Ch. x v n i ) : 50______6540 33______6529 AGE 1____ 6522 33 CFR P roposed R u l e s : 117------6539

6515 Rules and Regulations

cial Assistant to the Assistant Secretary PART 735— EMPLOYEE RESPONSI­ Title 5— ADMINISTRATIVE for Mortgage Credit and FHA^ Commis­ BILITIES AND CONDUCT sioner, and that the abolished positions PERSONNEL of Assistant to the FHA Commis­ Exception to Definition of “Con­ sioner for Intergroup Relations and Pri­ sultant” and “Expert” Chapter I— Civil Service Commission vate Secretary to the Director, Urban Transportation Administration, are no Section 735.412(c) is amended by add­ PART 213— EXCEPTED SERVICE ing a new subparagraph (3) making an longer excepted under Schedule C. Ef­ additional exception to the definitions Treasury Department fective on publication in the F ederal of “ consultant” and “expert” . The new R egister, subparagraph (13) of para­ Section 213.3305 is amended to show subparagraph reads as follows : that the title of the position of Special graph (b) and subparagraph (12) of Assistant to the Secretary (Director, paragraph (d) of § 213.3384 are revoked § 735.412 Specific provisions o f agency Executive Secretariat) has been changed and subparagraph (14) of paragraph regulations for special Government employees. to Deputy Assistant to the Secretary (Di­ (b) is amended as set out below. ***** rector, Executive Secretariat). Effective § 213.3384 Department of Housing and on publication in the F ederal R e g ist e r , Urban Development. (c) * * * subparagraph (1) of paragraph (a) of ***** . (3) A- specialist appointed for inter­ mittent confidential intelligence con­ § 213.3305 is amended as set out below. (b) Office of the Assistant Secretary sultation of brief duration. § 213.3305 Treasury Department. for Mortgage Credit and Federal Hous­ ing Commissioner. * * * (Secs. 602, 701, 702, E.O. 11222; 3 CFR, 1964- (a) Office of the Secretary. (1) One 65, Comp., p. 306) Deputy Assistant to the Secretary (Di­ (13) [Revoked] rector, Executive Secretariat). (14) One Special Assistant to the As­ U n it e d S tates C iv il S e r v ­ sistant Secretary. ***** ic e C o m m is s io n , ***** [ s e a l ] J a m es C. S p r y , (5 U.S.C. 3301, 3302, E.O. 10577, 3 CFR 1954- Executive Assistant to 1958 Comp., p. 218) (d) Office of the Assistant Secretary for Metropolitan Development. * * * the Commissioners. U n it e d S tates C iv il S e r v ­ (12) [Revoked] [F.R. Doc. 69-4452; Filed, Apr. 15, 1969; ice C o m m is s io n , (5 U.S.C. 3301, 3302, E.O. 10577, 3 CFR 8:49 a.m.] [ seal] Ja m es C. S p r y , Executive Assistant to 1954—1958 Comp., p. 218) the Commissioners. U n it e d S tates C iv il S er v­ [F.R. Doc. 69-4451; Filed, Apr. 15, 1969; ic e C o m m is s io n , Title 7— AGRICULTURE 8:49 a.m.] [ s e a l ] Ja m es C. S p r y , Executive Assistant to Chapter II— Consumer and Marketing the Commissioners. Service (Consumer Food Programs), PART 213— EXCEPTED SERVICE [F.R. Doc. 69-4448; Filed Apr. 15, 1969; Department of Agriculture 8:48 a.m.] Treasury Department PART 215— SPECIAL MILK PROGRAM Section 213.3305 is amended to show FOR CHILDREN that one Confidential Assistant to an As­ PART 213— EXCEPTED SERVICE Appendix— Second Apportionment of sistant Secretary is excepted under Department of Housing and Urban Schedule C. Effective on publication in Special Milk Program Funds Pur­ the F ederal R eg ister , subparagraph Development suant to Child Nutrition Act of 1966, (38) is added to paragraph (a) of Section 213.3384 is amended to show Fiscal Year 1969 § 213.3305 as set out below. that the position of Private Secretary to Pursuant to section 3 of the Child Nu­ the Deputy Assistant Secretary for § 213.3305 Treasury Department. trition Act of 1966, Public Law 89-642, Metropolitan Development is excepted (a) Office of the Secretary. * * * under Schedule C. Effective on publica­ 80 Stat. 885-6, milk assistance funds available for the fiscal year ending (38) One Confidential Assistant to an tion in the F ederal R eg ist e r , subpara­ Assistant Secretary. graph (14) is added to paragraph (d) of June 30, 1969, are reapportioned among the States as follows, in order to effect a (5 TJ.S.C. 3301, 3302, E.O. 10577, 3 CFR 1954- § 213.3384 as set out below. 1958 Comp. p. 218) further apportionment of supplemental § 213.3384 Department of Housing and funds: U n it e d S tates C iv il S er v­ Urban Development. ic e C o m m is s io n , Total Withheld [ seal] Jam es C. S p r y , ***** State apportion- State for ment agency private Executive Assistant to (d) Office of the Assistant Secretary schools the Commissioners. for Metropolitan Development. * * * [F.R. Doc. 69-4450; Filed, Apr. 15, 1969; (14) One Private Secretary to the Alabama...... $1,753,973 $1,692,369 $61,604 Deputy Assistant Secretary for Metro­ Alaska...... 28,738 28,738 ...... 8:49 a.m.] Arizona...... 470,669 422,666 48,001 politan Development. Arkansas-...... 1,128,876 1,069,709 59,167 California...... 9,381,525 9,381,525 ...... (5 U.S.C. 3301, 3302, E.O. 10577, 3 CFR 1954- Colorado...... 946,912 859,020 87,892 PART 213— EXCEPTED SERVICE 1958 Comp., p. 218) Connecticut...... 1,720,436 1,720,436 ...... Delaware-...... 348,827 296,944 51,883 department of Housing and Urban U n it e d S tates C iv il S er v ­ Del. St. Dist. ic e C o m m is s io n , Agency...... 20,431 20,431 ______Development District of Columbia. 615,204 615,204 ______[ s e a l ] J am e s C. S p r y , Florida...... i 2,003,890 1,832,128 171,762 th^fC+^n ^.3384 is amended to show Executive Assistant to Georgia...... 1,672,312 1,634,544 37,768 at the position currently listed in Hawaii...... 182,484 133,962 48,522 the Commissioners. Idaho...... 193,604 166,540 27,064 c edule C as Assistant to the Federal Illinois...... 6,659,779 6,659, 779 ...... [F.R. Doc. 69-4449; Filed, Apr. 15, 1969; Indiana...... 3,058,489 3,058,489 ______ousing Commissioner is now titled Spe­ 8:49 a.m.] Iowa...... 1,863,689 1,648,969 214,720

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 6516 RULES AND REGULATIONS

(3) Such limes of the group known as Paragraphs (f), (g), (h), (i), and (j) Total Withheld State apportion­ State for large fruited or Persian limes (includ­ of § 1073.71. ment agency private ing Tahiti, Bearss, and similar varieties) (b) Thirty days’ notice of the effective schools are of a size not smaller than iy 8 inches date hereof is impractical, unnecessary, in diameter: Provided, That any lot of and contrary to the public interest in Kansas______1,151,399 1,151,399 Kentucky______1,924,912 1,924,912 such limes (a) which contains limes of that: Louisiana______708,505 708,505 a size smaller than 1% inches in diam­ (1) This termination order does not Maine...... 524, 740 431,356 93,384 eter but not smaller than 1% inches in Maryland...... - 2,355,043 2,001,175 353,868 require of persons affected substantial Md. Bud. & Proc___ 52,305 52,305 diameter may be imported if such lot of or extensive preparation prior to the Massachusetts...... 3,594, 690 3,594,690 limes has an average juice content of at effective date. Michigan______5,394,173 4,371,521 1,022, 652 Minnesota...... 2,726,351 2,380,719 345,632 least 45 percent, by volume, and (b) (2) This termination order is neces­ 1,443,868 1,443,868 which contains limes of a size smaller sary to reflect current marketing condi­ Missouri."______2,386^ 046 2,336; 984 49,062 Montana______204,928 170,172 34,756 than 1% inches in diameter but not tions and to maintain orderly marketing Nebraska______641,389 517,466 123,923 smaller than 1% inches in diameter may conditions in the marketing area. Nevada...... 153,597 129,834 23,763 be imported if such lot of limes has an New Hampshire___ 525,115 455,675 69,440 (3) This termination order is neces­ New Jersey___ ... 3,933,989 3,403, 069 530,920 average juice content of at least 50 per­ sary to avoid a conflict between the sea­ New Mexico____.... 747,902 435,068 312,834 cent, by volume. sonal incentive “Louisville” payment New York______9,182,327 9,182,327 N.Y. Off. Gen. * * * * * plan of the order and a Class I base plan Servi...... 452, 066 4.52, 066 operated by the cooperative which is North Carolina____ 3,543,469 3,543,469 It is hereby found that it is impracti­ North Dakota...... 378,263 332,919 45,344 cable, unnecessary, and contrary to the used in dividing returns from the sale Ohio...... 6,395,205 5, 517, 276 877,929 of milk among its member producers. Ohio Dept. Pub. public interest to give preliminary notice, Wei______197,534 197,534 engage in public rule-making procedure, Producers for the Wichita, Kans., mar­ Oklahoma______1,100,247 1,100,247 and postpone the effective time of this ket have not been paid on the basis of Oregon______654, 793 634,391 20,402 the seasonal incentive plan since it was Pennsylvania. ____ 5,260,830 4,574,862 685,968 amendment beyond that hereinafter Rhode Island______456, 663 456,663 specified (5 U.S.C. 553) in that (a) the made effective on September 1, 1966. South Carolina_____ 652,557 530,910 121, 647 These provisions were suspended for the South Dakota______370,042 370, 042 requirements of this amended import Tennessee______1,859, 619 1, 777,249 82,370 regulation are imposed pursuant to sec­ years of 1967 and 1968 at the request of Texas______... 3,827, 667 3,521, 009 306, 658 this cooperative and a predecessor coop­ Utah______360,393 346,169 14,224 tion 8e of the Agricultural Marketing Vermont...... 259,054 249,643 9,411 Agreement Act of 1937, as amended (7 erative association. Virginia...... 1,891,853 1, 710, 987 180,866 (4) Interested parties were afforded Washington____ 1, 500,140 1,258,823 241,317 U.S.C. 601-674), which makes such regu­ West Virginia______664,866 631,214 33,652 lation mandatory; (b) such regulation opportunity to file written data, views, Wisconsin______3, 668, 620 2,843, 987 824,633 or arguments concerning this termina­ 119,002 119,002 imposes the same restrictions being made applicable to domestic shipments of limes tion (34 P.R. 5552). A cooperative asso­ Total...... 103,314, 0Q0 96,100,962 7,213,038 under amended Lime Regulation 27 ciation representing about 95 percent of (§ 911.329), which becomes effective the producer milk supply for the market (Sec. 2, 3, 6, and 8-16, 80 Stat. 885--890; 42 April 14, 1969; (c) compliance with this filed views supporting termination of the U.S.C. 1771, 1772, 1775, 1777-1785) amended import regulation will not re­ above provisions. No opposing views were Dated: April 10, 1969. quire any special preparation which can­ filed. not be completed by the effective time Therefore, good cause exists for mak­ R o y W. L e n n a r t s o n , ing this order effective April 1, 1969. Administrator. hereof; and (d) this regulation relieves restrictions on the importation of Persian I t is therefore ordered, That the afore­ [F.R. Doc. 69-4475; Filed, Apr. 15, 1969; limes during the period April 14-30, 1969. said provisions of thè order are hereby 8:51 a.m.] terminated. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) Chapter IX— Consumer and Market­ Dated, April 10, 1969, to become effec­ ing Service (Marketing Agreements tive April 14, 1969. Effective date: April 1,1969. Signed at Washington, D.C., on April and Orders; Fruits, Vegetables, P a u l A. N ic h o l s o n , Nuts), Department of Agriculture Deputy Director, Fruit and Veg­ 10,1969. R ichard E. L y n g , [Lame Reg. 3, Amdt. 9] etable Division, Consumer and Marketing Service. Assistant Secretary. PART 944— FRUIT; IMPORT [F.R. Doc. 69-4422; Filed, Apr. 15, 1969; [F.R. Doc. 69-4420; Filed, Apr. 15, 1969; 8:46 a.m.] REGULATIONS 8:46 am .] Limes [Milk Order 103] Pursuant to the provisions of section Chapter X— Consumer and Market­ 8e of the Agricultural Marketing Agree­ ing Service (Marketing Agreements PART 1103— MILK IN MISSISSIPPI ment Act of 1937, as amended (7 U.S.C. and Orders; Milk) Department of MARKETING AREA 601-674), the provisions of paragraph Agriculture Order Amending Order (a) preceding (a) (1) and of subpara­ graphs (2) and (3) thereof of § 944.202 [Milk Order 73] Findings and determinations. The (Lime Reg. 3; 32 P.R. 5039, 6096, 6518, PART 1073— MILK IN WICHITA, findings and determinations hereinafter set forth are supplementary and in addi­ 19248) are hereby amended to read as KANS., MARKETING AREA follows: tion to the findings and determinations previously made in connection with the § 944.202 Lime Regulation 3. Order Terminating Certain Provisions issuance of the aforesaid order and of (a) On and after April 14, 1969, the the previously issued amendments importation into the United States of Pursuant to the provisions of the Ag­ thereto; and all of said previous findings any limes is prohibited unless such limes ricultural Marketing Agreement Act of and determinations are hereby ratified are inspected and meet the following 1937, as amended (7 U.S.C. 601 et seq.), and affirmed, except insofar as such requirements: and of the order regulating the handling findings and determinations may be m (1) * * * of milk in the Wichita, Kans., market­ conflict with the findings and determina­ (2) Such limes of the group known asing area (7 CFR Part 1073), it is hereby tions set forth herein. found and determined that: (a) Findings upon the basis of the large fruited or Persian limes (includ­ (a) The following provisions of the hearing record. Pursuant to the provi­ ing Tahiti, Bearss, and similar varieties) order relating to the seasonal incentive sions of the Agricultural Marketing grade at least U.S. Combination, Mixed payment plan no longer tend to effectu­ Agreement Act of 1937, as amended (< Color; or ate the declared policy of the Act: U.S.C. 601 et seq.), and the applicable

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 RULES AND REGULATIONS 6517 rules of practice and procedure govern­ and who during the determined repre­ §1103.71 Computation of the weighted ing the formulation of marketing agree­ sentative period were engaged in the average price and uniform price. ments and marketing orders (7 CFR production of milk for sale in the mar­ * ♦ * * * Part 900), a public hearing was held keting area. / j y * * * upon certain proposed amendments to Order relative to handling—It is The result shall be the “ weighted aver­ the tentative marketing agreement and therefore ordered, that on and after the age price” or the “uniform price” for to the order regulating the handling of effective date hereof, the handling of milk received from producers. milk in the Mississippi marketing area. milk in the Mississippi marketing area Upon the basis of the evidence intro­ shall be in conformity to and in compli­ §§ 1103.72, 1103.80, 1103.81, 1103.82, 1103.83 [Revoked] duced at such hearing and the record ance with the terms and conditions of thereof, it is found that: the aforesaid order, as amended, and as 7. Sections 1103.72, 1103.80, 1103.81, (1) T h e said order as hereby amended, hereby further amended, as follows: 1103.82, and 1103.83 and the center­ and all of the terms and conditions Amendments with respect to revising heading “Base Rating” preceding thereof, will tend to effectuate the de­ the base-excess plan. Amendments No. 1 § 1103.80 are revoked. clared policy of the Act; and, la shall become effective April 1, 8. In § 1103.90(a), the introductory (2) The parity prices of milk, as de­ 1969. text preceding subparagraph (1) is re­ termined pursuant to section 2 of the § 1103.82 I Amended] vised to read as follows: Act, are not reasonable in view of the 1. In § 1103.82(a) , change the semi­ § 1103.90 Time and method of pay­ price of feeds, available supplies of feeds, ment. and other economic conditions which af­ colon at the end of the paragraph (pre­ ceding the word “and”) to a period and * * * * * fect market supply and demand for milk in the said marketing area, and the mini­ insert the following sentence: “In addi­ (a) On or before the 15th day after tion for the months of April, May, June mum prices specified in the order as the end of each month during which the hereby amended are such prices as will and July 1969, a producer who was also milk was received, to each producer for reflect the aforesaid factors,,, insure a a producer in September 1968 delivering whom payment is not made pursuant to to a pool distributing plant which in sufficient quantity of pure and wholesome paragraph (c) of this section, at not less milk, and be in the public interest; subsequent months of the September 1968 than the uniform price pursuant to (3) The said order as hereby amended, through January 1969 base forming § 1103.71 adjusted by the producer but­ regulates the handling of milk in the period did not qualify as a pool plant terfat differential computed pursuant to same manner as, and is applicable only shall be assigned a base calculated from § 1103.91, subject to the location adjust­ to persons in the respective classes of his milk deliveries to plants during the ment to producers pursuant to § 1103.92, industrial or commercial activity speci­ September 1968 through January 1969 and less the following amounts: fied in, a marketing agreement upon period as if he were a producer during * * * * * such entire base forming period” . which a hearing has been held. 9. Section 1103.92(a) is revised to read (b) Additional findings. It is neces­ § 1103.83 [Am ended] as follows: sary in the public interest to make this la. In § 1103.83 add the following sen­ order amending the order effective not § 1103.92 Location differential to pro­ tence: “In the case of any producer for ducers and on nonpool milk. later than April 1, 1969. Any delay be­ whom it is necessary to calculate a base yond that date would tend to disrupt subsequent to March 1, the market ad­ (a) In making payments to producers the orderly marketing of milk in the ministrator shall provide such notifica­ pursuant to § 1103.90, the uniform price marketing area. tion at the earliest possible date.” pursuant to § 1103.71 to be paid for milk The provisions of the said order are Amendments with respect to the dele­ received at a pool plant shall be reduced known to handlers. The decision of the tion of the base-excess plan. Amend­ according to the location of the pool Assistant Secretary containing all ments No. 2 through 9 shall become ef­ plant at the rates set forth in § 1103.53; amendment provisions of this order was fective September 1, 1969. and issued March 26, 1969. The change ef­ * * * * * fected by this order will not require ex­ § 1103.22 [Am ended] (Secs. 1-19, 48 Stat. 31 as amended; 7 U.S.C. tensive preparation or substantial alter­ 2. In § 1103.22(i), the word “ and” ap­ 601-674) ation in method of operation for han­ pearing at the end of subparagraph (2) Effective date: This revision shall be­ dlers. In view of the foregoing, it is is deleted and subparagraph (3) is hereby found and determined that good come effective on April 1, 1969, except revoked. amendments No. 2 through 9 which shall cause exists for making this order 3. In § 1103.22(1), subparagraph (2) become effective on September 1, 1969. amending the order effective April 1, is revoked. 1969, and that it would be contrary to 4. Section 1103.30(a) (1) (i) is revised Signed at Washington, D.C., on the public interest to delay the effective to read as follows: April 10, 1969. date of this amendment for 30 days after R ich ar d E. L y n g , its publication in the F ederal. R eg ister § 1103:30 Reports of receipts and utili­ Assistant Secretary. (sec. 553(d), Administrative Procedure zation. Act, 5 U.S.C. 551-559). [F.R. Doc. 69-4421; Filed, Apr. 15, 1969; (a) * * * 8:46 a.m.] (c) Determinations. I t is hereby d e ­ (J) * * * termined that : (1) Receipts of producer milk, includ­ (1) The refusal or failure of handlersing such handler’s own production; (excluding cooperative associations * * * * * Title 10— ATOMIC ENERGY . specified in section 8c (9) of the Act) of more than 50 percent of the milk, which 5. In § 1103.31, paragraph (a )(2 ) and Chapter !— Atomic Energy is marketed within the marketing area, (b) (2) (i) are revised to read as follows: Commission r° s*gn a Proposed marketing agreement, §1103.31 Payroll reports. PART 150— EXEMPTIONS AND CON­ tends to prevent the effectuation of the (a) * * * declared policy of the Act ; TINUED REGULATORY AUTHORITY (2) The daily and total pounds of . issuance of this order, amend­ milk received from such producer; IN AGREEMENT STATES UNDER ing the order, is the only practical means SECTION 274 to the declared policy of the * * * * * Hu« 0f advancing the interests of pro- - (Jr)) * * * Transfer of Products Containing By­ er^,85 defined in the order as hereby ( 2) * * * product Material and Source Ma­ amended; and (i) The daily and total pounds of milk terial Exempted From Licensing and received during the month and the aver­ inp3*v, *ssHance the order amend­ Regulatory Requirements â tlJirt ?rder is approved or favored by age butterfat test thereof; and two-thirds of the producers who ♦ * * * * On February 24, 1968, the Atomic En­ r f X c/pated in a referendum in which 6. In § 1103.71, revise the sentence fol­ ergy Commission published in the F ed­ individual producer had one vote, lowing paragraph (f) to read as follows: eral R eg ister (33 F.R. 3346) a proposed

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 No. 72---- 2 6518 RULES AND REGULATIONS

amendment to 10 CFR Part 150 which manufacturer, processor, or producer of would redefine the category of products any equipment, device, commodity, or containing radioactive materials over other product containing byproduct ma­ Title 14— AERONAUTICS AND whose transfer by the manufacturer, terial or source material whose subse­ processor, or producer in an Agreement quent possession, use, transfer, and dis­ SPACE State the Commission retains jurisdic­ posal by all other persons are exempted Chapter I— Federal Aviation Admin­ tion. The notice of proposed rule making from Commission licensing and regula­ istration, Department of Transpor­ was published in the F ederal R egister tory requirements under Parts 30 and 40, tation once each week for four consecutive is not subject to the licensing and regu­ weeks, allowing 60 days for public com­ latory authority of an Agreement State [ Airworthiness Docket No. 69-WE-6—AD; ment after initial publication. even though the product is manufac­ Arndt. 39-752] After consideration of the comments tured, processed, or produced pursuant PART 39— AIRWORTHINESS and other factors involved, the Commis­ to an Agreement State license. The sion has adopted the proposed amend­ manufacturer of such products in an DIRECTIVES ment. The text of the effective rule is the Agreement State is subject to the Com­ Lockheed Model L—188 Series same as the proposed rule except for mission’s regulatory authority with re­ Airplanes clarifying changes of language. spect to transfer of any product which Subsection 274c of the Atomic Energy has been so exempted from the Commis­ There have been cracks reported in Act of 1954, as amended, provides that sion’s licensing and regulatory require­ the lower wing surface at the inboard notwithstanding any agreement be­ ments. The Commission has confined its nacelles on Lockheed Model L-188 Series tween the Atomic Energy Commission regulation of the transfer of exempt airplanes that could result in a serious and any State, the Commission is au­ products to specifications for the prod­ degradation of the strength of the wing. thorized to require that the manufac­ ucts, quality control procedures, require­ Since this condition is likely to exist in turer, processor, or producer of any ments for testing, and labeling. The au­ other airplanes of the same type design, equipment, device, commodity, or other thority of Agreement States to regulate an airworthiness directive is being issued product containing source, byproduct, or any radiation hazards that might arise to require a one-time inspection of the special nuclear material shall not trans­ during manufacture of such products lower wing surface at the inboard na­ fer possession or control of such prod­ is not affected by the amendment. Ac­ celles on Lockheed Model 188 Series air­ uct except pursuant to a license issued cordingly, dual regulation will continue planes, and repairs of the cracks. The by the Commission. to be avoided. results of that inspection will be reported Pursuant to the Atomic Energy Act to the Chief, Aircraft Engineering Divi­ In issuing 10 CFR Part 150, which im­ sion, FAA Western Region, and will be plemented certain provisions of section of 1954, as amended, and sections 552 and 553 of title 5 of the United States used in determining any additional AD 274 of the Act, in 1962, the Commission action that may be required. exercised its authority under subsection Code, the following amendment to Title 10, Chapter I, Code of Federal Regula­ Since a situation exists that requires 274c of the Act by providing (§ 150.15(a) immediate adoption of this regulation, it (6 )) that persons in Agreement States tions, Part 150, is published as a docu­ ment subject to codification effective is found that notice and public procedure are not exempt from the Commission’s hereon are impracticable and good cause licensing requirements with respect thirty (30) days after publication in the F ederal R e g ister . exists for making this amendment effec­ to * * * tive in less than 30 days. (6) The transfer of possession or control by Subparagraph 150.15(a) (6) is amend­ ed to read as follows: In consideration of the foregoing, and the manufacturer, processor, or producer of pursuant to the authority delegated to any equipment, device, commodity, or other § 150.15 Persons not exempt. me by the Administrator (31 F.R. 13697) product containing source, byproduct, or section 39.13 of Part 39 of the Federal special nuclear material, intended for use (а) Persons in Agreement States are by the general public. not exempt from the Commission’s li­ Aviation Regulations is amended by censing and regulatory requirements adding the following new airworthiness In retaining regulatory authority over directive: transfer of products “ intended for use by with respect to the following activities: ***** L o c k h e e d . Applies to Model L-188 series air­ the general public” , the Commission was planes. seeking to maintain surveillance over the (б) The transfer of possession or con­ Compliance required within the next 400 safety of products containing radioactive trol by the manufacturer, processor, or hours’ time in service after the effective date materials, without the imposition of reg­ producer of any equipment, device, com­ of this AD, unless previously accomplished. ulatory controls, and to be able to assess modity, or other product containing To detect cracks in the lower wing sur­ the effect of the attendant uncontrolled faces of Electra aircraft, accomplish the fol­ source material or byproduct material addition of these radioactive materials lowing: whose subsequent possession, use, trans­ (1) Visually inspect the lower wing plank to the environment. surfaces and areas around fasteners, includ­ In view of the increasing difficulty "in fer, and disposal by all other persons are ing planks one through eight between W.S. determining whether or not such prod­ exempted from licensing and regulatory 157 and W.S. 219 in accordance with the pro­ ucts are intended for use by the general requirements of the Commission under cedure outlined in paragraphs A through E public, the Commission has adopted the Parts 30 and 40 of this chapter. of FAA approved Lockheed Service Bulletin amendment of Part 150 set out below, 88/SB-669, or later FAA-approved revisions. which changes § 150.15(a) (6) by deleting ***** (2) If cracks exist, appropriate repair must be accomplished before further flight in ac­ the phrase “product * * * intended for (Sec. 161, 68 Stat. 948; 42 UJ3.C. 2201; sec. cordance with paragraph F of FAA-approved 274, 73 Stat. 688; 42 U.S.C. 2021) use by the general public” and substitut­ Lockheed Service Bulletin 88/SB-669, or in ing therefor the phrase “product * * * Dated at Washington, D.C., this 9th a manner approved by the Chief, Aircraft whose subsequent possession, use, trans­ day of April 1969. Engineering Division, FAA Western Region. fer and disposal by all other persons are (3) Report all results of this inspection, exempted from licensing and regulatory For the Atomic Energy Commission. whether accomplished before or after the requirements of the Commission under effective date of this AD, to the Chief, W . B. M cC o o l , Aircraft Engineering Division, FAA Western Parts 30 and 40 of this chapter.” Secretary. Region. Reports must include crack locations Under Part 150 as amended below the [FJt. Doc. 69-4419; Filed, Apr. 15, 1969; and length, if any, aircraft serial number, transfer of possession or control by a 8:51 am .] and accumulated hours’ time in service. The

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 RULES AND REGULATIONS 6519

data received in the required reports will modification approved by the Chief, En­ [Airspace Docket No. 69-SO-26] form the basis for any further AD action that gineering and Manufacturing Branch, PAA, may be required. (Reporting approved by the Eastern Region. PART 71— DESIGNATION OF FEDERAL Bureau of the Budget under BOB No. 04- (b) Upon request, with substantiating AIRWAYS, CONTROLLED AIRSPACE, R0174). data submitted through an PAA Maintenance AND REPORTING POINTS Airplanes with cracks may be flown in Inspector, compliance time may be increased accordance with special flight permits is­ by the Chief, Engineering and. Manufactur­ Transition Area; Withdrawal of sued pursuant to PAR 21.197 to a base where ing Branch, PAA Eastern Region. Alteration repair can be accomplished. v This amendment is effective April 23, On March 22, 1969, Federal Register This amendment becomes effective on 1969. Docket No. 69-3425 was published in the April 17,1969. (Secs.- 313(a), 601, and 603 of the Federal F ederal R eg ist e r (34 F.R. 5547) amend­ (Secs. 313(a), 601, and 603 of the Federal Aviation Act of 1958; 49 U.S.C. 1354(a), 1421 ing Part 71 of the Federal Aviation Regu­ Aviation Act of 1958; 49 TJ.S.C. 1354(a), 1421, and 1423, and sec. 6(c) of the Department lations by altering the Shelbyville, Tenn., and 1423, and of sec. 6(c) of the Department of Transportation Act; 49 U.S.C. 1655(c)) transition area. of Transportation Act; 49 U.S.C. 1655(c) ) Issued in Jamaica, N.Y., on April 4, Subsequent to publication of the rule, Issued in Los Angeles, Calif., on April 1969. it was determined that the instrument 8,1969. W a y n e H e n d e r s h o t , approach procedure (AL-5299-VOR- L ee E. W a r r e n , Acting Director, Eastern Region. RADIAL 270), necessitating the altera­ Acting Director, Western Region. [P.R. Doc. 69-4416; — Filed, Apr. 15, 1969; tion, would not be canceled. [F.R. Doc. 69-4413; Piled, Apr. 15, 1969; 8:46 a.m.] In consideration of the foregoing, the 8:46 a.m.] amendment contained in Airspace Docket No. 69-SO-26 (F.R. Doc. No. 69-3425) is [Airspace Docket No. 69-SO-30] withdrawn. [Docket No. 69-EA-34; Arndt. 39-750] PART 71— designation o f fe d er a l (Sec. 307(a) of the Federal Aviation Act of PART 39— AIRWORTHINESS 1958; 49 U.S.C. 1348(a) and of sec. 6(c) of the AIRWAYS, CONTROLLED AIRSPACE, Department of Transportation Act; 49 U.S.C. ! DIRECTIVE AND REPORTING POINTS 1655(c)) Fairchild Hiller Aircraft Alteration of Transition Area Issued in East Point, Ga., on April 7, 1969. The Federal Aviation Administration The purpose of this amendment to Part is amending section 39.13 of Part 39 of J a m e s G . R ogers, 71 of the Federal Aviation Regulations Director, Southern Region. the Federal Aviation Regulations so as is to alter the Greensboro, N.C., transi­ to issue an airworthiness directive appli­ tion area. [F.R. Doc. 69-4415; Filed, Apr. 15, 1969; cable to Fairchild Hiller F27 and FH-227 8:46 a.m.] type airplanes. The Greensboro transition area is de­ scribed in §71.181 (34 F.R. 4637). An There have been several reports of gear extension to the transition area is pred­ retraction of the subject aircraft while icated on the Greensboro ILS localizer the aircraft were on the ground and southeast course. Since the AL-178-ILS- Title 16— COMMERCIAL parked. Since this condition is likely to RWY 32 (BC) standard instrument ap­ exist in other aircraft of the same type proach procedure will be canceled, effec­ PRACTICES design, an airworthiness directive is be­ tive May 8, 1969, it is necessary to alter ing issued to require a change in the the transition area by revoking the ex­ Chapter I— Federal Trade Commission landing gear selector wiring and the tension that was designated to provide landing control wiring. PART 15— ADMINISTRATIVE controlled airspace protection for this OPINIONS AND RULINGS Since a situation exists which requires approach procedure. the expeditious publication of this Since this amendment is less restric­ Legality of Membership by Brewer in amendment, notice and public proce­ tive in nature, notice and public pro­ Beer Wholesalers’ Trade Association dure herein are impractical and the cedure hereon are unnecessary, and ac­ amendment may be made effective in less tion is taken herein to alter the descrip­ § 15.336 Legality of membership by than 30 days. tion accordingly. brewer in beer wholesalers’ trade association. In consideration of the foregoing and In consideration of the foregoing, Part pursuant to the authority delegated to 71 of the Federal Aviation Regulations is Responding to an application from me by the Administrator, 14 CFR 11.85 amended, effective 0901 G.m.t., May 8, a beer wholesalers’ association the Com­ [31 F.R. 13697], §39.13- of Part 39 1969, as hereinafter set forth. mission advised the applicant that: of the Federal Aviation Regulations is In § 71.181 (34 F.R. 4637), the Greens­ (1) “ * * * it is not illegal per se for boro, N.C., transition area is amended as suppliers to belong to a wholesalers’ trade amended by adding the following new association, but particular care must be Airworthiness Directive. follows: “ * * * within 2 miles each side of the Greensboro ILS localizer south­ exercised to avoid violation of law. In Fairchild. Applies to all Model P-27 series east course, extending from the 8-mile the case of an industry where distribu­ and PH-227 series airplanes. radius area to 8 miles southeast of the tors are in a weak bargaining position, Compliance required within the next 500 Greensboro VORTAC 087° radial * * *” vis-a-vis, their suppliers and where the hours time in service after the effective date is deleted. industry on the supply side is concen­ of this AD unless already accomplished. trated, these circumstances may lead to To prevent hazards associated with an (Sec. 307(a) of the Federal Aviation Act of vertical restraints on the distributors unselected landing gear retraction on the 1958; 49 U.S.C. 1348(a) and of sec. 6(c) of violative of the antitrust laws for ex­ ground, accomplish the following: the Department of Transportation Act; 49 U.S.C. 1655(c)) ample in the area of pricing decisions. (a) Rewire the landing gear retraction These considerations may apply in the system in accordance with Fairchild Hiller Issued in East Point, Ga., on April 7, case of the beer industry. The necessity service Bulletin 32-64 dated June 12, 1967, 1969. nfji aircraft and Fairchild Hiller Service of preserving its members’ independence nuiletm 32-5 dated March 13, 1967, for PH­ J a m es G . R ogers, in making business decisions should, of th aiJ^cra^ or later revision approved by Director, Southern Region. course, be taken into consideration by r"! Caie£’ Engineering and Manufacturing [F.R. Doc. 69-4412; Piled, Apr. 15, 1969; trade association when they formulate ch, PAA, Eastern Region, or equivalent 8:46 a.m.] membership policies.

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 6520 RULES AND REGULATIONS

(2) ‘‘The Commission further advised“Sales of Firm Electric Power for Resale” the applicant that it is not a violation of now limited to information on privately Title 19— CUSTOMS DUTIES the antitrust laws to exclude suppliers owned companies and Federal projects. from membership in a wholesalers’ or­ The Commission finds: Chapter I— Bureau of Customs, ganization.” (1) The notice and opportunity to par­ Department of the Treasury (38 Stat. 717, as amended; 15 U.S.C. 41-58) ticipate in this rulemaking by submission [T D . 69-99] of data, views, and comments are con­ Issued: April 15,1969. sistent with all the requirements of the PART 10— ARTICLES CONDITIONALLY By direction of the Commission. Administrative Procedure Act (5 U.S.C. FREE, SUBJECT TO A REDUCED 553). [ s e a l] J o s e p h W . S h e a , RATE, ETC. (2) The new Instruction 2. of the Secretary. schedule titled “Sales of Electricity for Vessel Supplies; Customs [F.R. Doc. 69—4525; Filed, Apr. 15, 1969; Resale” is needed to obtain data for a Regulations Amended 8:51 a.m.] Commission publication “ Sales of Firm Section -10.62, Customs Regulations, Electric Power for Resale” , and for the concerning withdrawals under section other reasons already stated. 309 of the Tariff Act of 1930, as amended, Title 18— CONSERVATION OF (3) It is necessary and appropriate for of bunker fuel oil for vessels, amended.1 the purposes of the Federal Power Act It has been found to be desirable to that the wording of Instruction 2. of the extend under certain conditions the pro­ POWER AND WATER RESOURCES schedule titled “Sales of Electricity for cedure authorized by § 10.62 for the with­ Resale” contained in FPC Form No. 1-M Chapter I— Federal Power drawal of bunker fuel oil under section be amended to read as hereinafter 309 of the Tariff Act of 1930, as amended, Commission provided. to withdrawals for delivery to using ves­ {Docket No. R-356; Order 380] The Commission, acting pursuant to sels at a port or ports other than the port the provisions of the Federal Power Act where the fuel oil is withdrawn from the PART 141— STATEMENTS AND as amended, particularly sections 309, customs bonded tank. REPORTS (SCHEDULES) and 311 thereof (49 Stat. 858, 859; 16 It is also desirable to incorporate in thé Order Prescribing Revised Instruc­ U.S.C. 825h, 825j) orders: Customs Regulations the procedure au­ tion to Schedule of FPC Form (A) Effective for the calendar year thorized by a Treasury decision (T.D. beginning January 1, 1969, or for a year 53982(1) ) under which as an incident of No. 1—M beginning or ending during the calendar the delivery to a vessel under section A p r il 10,1969. year 1969, each municipality as defined 309 of the tariff act of fuel oils classifi­ By this order we prescribe a new In ­ by section 3(7) of the Federal Power Act able at different rates of duty, permis­ struction 2 to the schedule titled “Sales (41 Stat. 1963; 16 U.S.C. 796), having an­ sion may be given to blend the oils after of Electricity for Resale”, contained in nual electric operative revenues of withdrawal from the bonded tank. Commission Form No. 1-M. The proposed $250,000 or more, whether or not the Certain information, additional to revision provides a breakdown between jurisdiction of the Commission is other­ that provided by customs Form 7505-B, is firm power sales supplying a customer’s wise involved, shall prepare and file with needed to effect the physical withdrawal total system requirements or total re­ the Commission FPC Form No. 1-M at of the fuel oil from the bonded tank. quirements at a specific point of delivery, the time indicated in § 141.7 (18 CFR To effect these changes, § 10.62 of the and firm power sales supplementing the 141.7) of the Commission’s regulations Customs regulations is amended to read customer’s own generation or other pur- ' under the Federal Power Act. as follows: chases. A copy of the schedule as changed (B) The Commission’s Form No. 1-M, is attached hereto. prescribed by § 141.7 of Subchapter D, § 10.62 Bunker fuel oil. A notice of proposed rule making pro­ Chapter I, Title 18 of the Code of Fed­ (a) When all the bunker fuel oil in a posing the above described change was eral Regulations is revised so that In ­ customs bonded tank is Intended only issued on January 8, 1969 (34 F.R."767; struction 2. to the schedule titled “ Sales for lading duty free as supplies on ves­ Jan. 17, 1969). The Commission received of Electricity for Resale” reads as sels under section 309 of the Tariff Act two comments and we have made a re­ follows: . of 1930, as amended, delivery of the oil, vision to accommodate the substance of 2. For each sale designate statisticaleither by pipeline or by customs bonded those comments. Both comments indicate classification in column (2) thus: FR, carrier, under withdrawals on customs that Chelan P.U.D. No. 1 and Grant for firm power supplying total system re­ Form 7506, either single or monthly P.U.D. No. 2 sell the output of their hy­ quirements of customer or total require­ (blanket), may be effected without the droelectric projects on the basis of a ments at a specific point of delivery; FP presence of a customs officer upon the percentage of total project energy and ( P ) , for firm power supplementing cus­ condition that customs Form 7505-B, capacity available. Consequently, those tomer’s own generation or other pur­ Order to Release Merchandise on Order two entities are unable to segregate firm chases; O, for other power. N ote: In ­ of the Warehouse Proprietor, is executed from nonfirm power sales. We believe clude in the O classification sales in by the withdrawer for each delivery of that the majority of municipal re­ which the power delivered cannot be oil from the tank. Customs Form 7505-B spondents to Form No. 1-M will not en­ classified under either of the above shall be filed by him with the district counter the problems indicated by Chelan definitions. director of customs at the time of with­ P.U.D. No. 1 and Grant P.U.D. No. 2. In drawal or at such other time as the dis­ cases where the reporting utility is un­ (Secs. 309, 311, 49 Stat. 858, 859; 16 U.S.O. 825h, 825j) trict director may specify and shall in­ able to classify which portions of its clude the following additional data: power sales to a customer for resale are (C) The Secretary of the Commission (1) Type of oil withdrawn. sales of firm power because of a sale shall cause prompt publication of this (2) Number or other identification of on an undifferentiated basis, such utili­ order to be made in the F ederal sales order therefor. ties should use the symbol O in coluumn R eg ist e r . (3) Name of bonded carrier, date it (2).: (D) The aforesaid amendment to In­ received oil. The addition of a new Instruction 2. struction 2. shall be effective 30 days from (4) Receipt signed by master or other to the schedule entitled “Sales of Elec­ the date of issuance of this order. person in charge of delivering con­ tricity for Resale” is desirable to . obtain By the Commission. veyance identified by number or name information on firm power sales made by and, if a customs bonded lighterman or municipally owned utilities for statistical [ s e a l ] G o r d o n M . G r a n t , cartman, by the carrier’s license and general publication purposes. Im ­ Secretary. number. mediately, it will provide data for in­ [F.R. Doc. 69-4401; Filed, Apr. 15, 1969; (5) Name and location of vessel ob­ clusion in a Commission publication 8:45. a.m.] taining oil.

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 RULES AND REGULATIONS 6521

(6) Quantity and identification ofpaid withdrawal therefor shall be filed tions concerning the timing of such ad­ each type of old reveived with date, and on the first day that the customhouse is vances and procedures to be observed by signature and title of receiving officer. open for the general transaction of busi­ Federal program agencies to assure that ness after the day on which the oil is cash withdrawals from the Treasury If all the oil is laden on the receiving laden on the using vessel. I f there should occur only as and when essential to the vessel at the port of withdrawal via pipe­ be willful or repeated instances of late execution of such programs, and (b) line from the bonded storage tank, sub- filing of a duty-paid withdrawal in such implement the provisions of section 203 paragraphs (3) and (4) of this para­ cases, the district director of customs of the Intergovernmental Cooperation graph shall be deemed to be inapplicable. shall require a duty-paid withdrawal to Act of 1968 (Public Law 90-577 (82 Stat. (b) If a blanket free withdrawal of be filed prior to the removal of fuel oil 1101)). The Department also finds, in bunker fuel oil is filed, to comply with from the bonded tank. Immediate cus­ accord with 5 U.S.C. 553, that notice and Bureau of the Census requirements the toms supervision over the removal of oil public procedure thereon are not neces­ withdrawal on customs Form 7506 shall under this paragraph is not required. sary since the revision involves matters be endorsed “ Estimated Withdrawals” (f) When the procedures prescribed relating to grants and rules of agency and limited to the aggregate quantity and in this section are followed, representa­ procedure. value of fuel oil which it is estimated tives of the regional commissioner of Accordingly, Part 205, Subchapter A, will be physically removed from customs customs will from time to time verify Chapter II of Title 31 of the Code of bond during the calendar month in which various withdrawals against all pertinent Federal Regulations (Treasury Depart­ the withdrawal is filed for lading on ves­ records, including financial records, of ment Circular 1075 (Revised)) is revised sels entitled to duty-free vessel supplies the withdrawers, deliverers, and receiv­ to read as follows: under section 309 of the tariff act. ers of the oil. (Sec. 309, 46 Stat. 690, as Sec. (c) (1) As an incident of the delivery amended; 19 U.S.C. 1309.) of fuel oils classifiable at different rates 205.1 Purpose. (Sec. 624, 46 Stat. 759; 19 U.S.C. 1624.) 205.2 Scope of regulations. of duty to a vessel or vessels under sec­ 205.3 General policy. tion 309 of the tariff act, the district In addition to making certain techni­ 205.4 Methods of making cash advances. director of customs may, when necessary cal and procedural changes, the purpose 205.5 Letter of credit. to enable a supplier to meet fuel speci­ of this amendment is to permit the with­ 205.6 Advances to secondary recipients. fications, permit the blending of the oils' drawal of fuel oil from customs bonded 205.7 Responsibility of program agencies. in the delivering conveyance or in other 205.8 Implementing instructions. tanks for delivery as supplies to vessels 205.9 Waivers. suitable facilities after withdrawal from in ports other than the port in which the the bonded tanks, upon the condition bonded tank is located and to incorpor­ A u t h o r it y : The provisions of this Part 205 that, to the extent of the amount of oil ate in the regulations an administrative issued under 5 U.S.C. 301 and sec. 203; 82 Stat. 1101. withdrawn classifiable at the higher rate, practice under which fuel oils classifiable duty at the higher rate will be paid on at different rates of duty are permitted § 205.1 Purpose. any portion of the blended fuel oil not to be blended at the time of withdrawal delivered within a reasonable time to a Federal grant and other programs in­ from the customs bonded tank. Experi­ volving advances to various organizations qualified vessel. The withdrawer shall be ence in the administration of the' provi­ required to file a withdrawal for con­ outside the Federal Government consti­ sions involved has indicated the need for tute a significant portion of the Federal sumption for the excess quantity with­ the changes. It is found, therefore, that drawn. For example, if the quantity with­ Budget. Advances of cash from the Treas­ the issuance of this amendment with no­ ury to such organizations (hereinafter drawn consists of 1,500 barrels of bunker tice under 5 U.S.C. 553 or subject to the C fuel oil classifiable at the rate of one- called “recipient organizations” ) for the effective date provision of that section is purpose of financing their current opera­ eighth cent per gallon and 500 barrels of unnecessary. diesel oil classifiable at the rate of one- tions under the Federal programs have a fourth cent per gallon but only 1,400 bar­ Effective date. This amendment shall substantial impact on Treasury financing rels of the blended oil. are actually laden become effective on the date of its publi­ cost and the level of the public debt. The as fuel supplies on qualified vessels, with­ cation in the F ederal R eg ist e r . . purpose of this part is to prescribe the timing of such advances and the proce­ drawals for consumption are required [ s e a l ] L ester D. J o h n s o n , for 500 barrels of diesel oil at the higher Commissioner of Customs. dures to be observed^ assure that cash rate and for 100 barrels of bunker C fuel withdrawals from the Treasury occur oil at the lower rate. Approved; April 9, 1969. only as and when essential to meet the needs of a recipient organization for its (2) The receipt of the delivering car­ E u g e n e T. R o s sid e s , actual disbursements. rier on customs Form 7505-B for fuel oil Assistant Secretary which has been blended in accordance of the Treasury. § 205.2 Scope of regulations. with subparagraph (1) of this paragraph [F.R. Doc. 69-4458; Filed, Apr. 15, 1969; The regulations in this part cover dis­ with components classifiable at different 8:49 a.m.] bursement practices for all cash advances rates of duty shall show for each ware­ to recipient organizations (including house entry number and withdrawal States and local governments, educa­ number involved the type and quantity of tional institutions, international organi­ oil received. Title 31— MONEY AND zations, and any other public and private (d) Fuel oil withdrawn as vessel sup­ organizations) under Federal grant or plies at one port may be laden at another FINANCE: TREASURY other programs. The regulations also Port on a vessel or vessels entitled to Chapter II— Fiscal Senrice, Depart­ establish guidelines to be observed by the free withdrawal privileges of section Federal program agencies with respect to 309 of the tariff act, under procedures ment of the Treasury their responsibilities in executing grant prescribed in this section, provided the SUBCHAPTER A — BUREAU OF ACCOUNTS and other programs, including their re­ movement to the receiving vessel or ves­ [Department Circular 1075 (Second Rev.) ] view of recipient organization practices sels is under the bond of a qualified ear­ in obtaining cash advances by drawing ner as described in § 18.1(a) of this PART 205— WITHDRAWAL OF CASH down letters of credit and otherwise. Chapter. In such cases, the provisions of FROM THE TREASURY FOR AD­ Coverage applies to any Federal program § 10.60(d) of this chapter shall be deemed requiring advances to finance the recip­ inapplicable. VANCES UNDER FEDERAL GRANT I AND OTHER PROGRAMS ient organization’s activities in carry­ K a vessel not entitled to duty-free ing out the program, whether by con­ mtndrawBl of supplies from customs The Treasury Department finds it tract, grant, contribution, or other form oonqed warehouses under section 309 of necessary to revise its regulations at 31 of agreement. These regulations are not f e. act should be supplied with CFR Part 205 which govern withdrawal intended to apply to Government dis­ ® ™ from a customs bonded tank of cash from the Treasury for advances bursements made to reimburse an organi­ d in Paragraph (a) of this sec- under Federal grant and other programs zation for work already performed (and n because of an emergency, a duty- to (a) establish more definitive regula­ financed with the organization’s own

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 6522 RULES AND REGULATIONS

working capital); however, specific ap­ its agent) and either a Federal Reserve program agencies shall specify the meth­ plications of features of these regula­ Bank (acting as agent of the Treasury) ods employed to carry out these responsi­ tions to reimbursement payments will be or the Cash Division, Office of the Treas­ bilities. Also, each program agency shall considered by the Department of the urer of the United States, subject to any furnish the Department of the Treasury Treasury if requested by a program monetary and other limits established by with reports, semiannually, showing cash agency, the program agency. Withdrawals must balances in the hands of recipient or­ § 205.3 General policy. be made by authorized officials of the ganizations as of each June 30 and recipient organization designated by it December 31. Advances to a recipient organization and approved by the program agency’s shall be limited to the minimum amounts certifying officer. § 205.8 Implementing instructions. needed and shall be timed to be in ac­ (b) A letter of credit is irrevocable (a) Implementing procedural require­ cord with only the actual cash require­ (.the equivalent of cash available to the ments under this part will be promul­ ments of the recipient organization in recipient organization) to the extent the gated by the Commissioner of Accounts carrying out the purpose of the approved recipient organization has obligated in the Treasury Fiscal Requirements program or project. For relatively small funds in good faith thereunder in execut­ Manual for Guidance of Departments operations (where the aggregate annual ing the authorized Federal program in and Agencies. amount of advances is under $250,000) accordance with the grant, contract, or (b) Agency procedures to accomplish cash advances to recipient organizations other agreement. the objective of this part will be sub­ ordinarily shall be made monthly or more (c) Use of letters of credit shall be mitted to the Commissioner of Accounts frequently to meet current disbursement covered by a clause in the grant, con­ for approval. needs. For larger operations the timing tract, or other agreement for advance § 205.9 Waivers. and amount of cash advances to recipient financing whereby the recipient organi­ organizations shall be as close to actual zation commits itself (1) to the practice Any waivers of provisions of this part daily disbursements as is administra­ of requesting cash drawdowns only as previously granted to program agencies tively feasible. and when actually needed for its dis­ are hereby revoked. Requests for waivers of specific provisions of this part shall § 205.4 Methods of making cash ad­ bursements, and (2) to timely reporting vances. as required by the program agency, with be presented in writing to the Commis­ the understanding that failure to ad­ sioner of Accounts. If a program agency has, or expects to here to these- commitments may cause have, a continuing relationship with a Effective date. These regulations are the unobligated portion of the letter of effective upon signature. recipient organization for at least 1 year, credit to be revoked. In general, agree­ involving annual advances aggregating ments shall provide for a recipient or­ Dated: April 10, 1969. at least $250,000, the agency may use ganization to initiate each drawdown at whichever of the following two methods [ s e a l ] J o h n K . C arlock, approximately the same time that checks Fiscal Assistant Secretary. best meets its own operating objectives are issued by the organization in pay­ provided that in the circumstances in­ [F.R. Doc. 69-4459; Filed, Apr. 15, 1969; ment of program liabilities, and in an 8:49 am .] volved the two methods are equally ad­ amount approximately equal to the Fed­ vantageous to the Federal Government eral share of such payments, except that in terms of the timing of cash with­ drawdowns shall not ordinarily be made drawals from the Treasury. The first of more frequently than daily, or be in these methods, hereinafter called the amounts less than $10,000 or more than Title 32A— NATIONAL DEFENSE, letter-of-credit method and further de­ $1 million, but in no case more than $5 scribed in § 205.5, provides program million unless so stated on the letter of APPENDIX agencies, recipient organizations and credit. the Department of the Treasury with Chapter XVIII—-National Shipping (d) In specific instances, as deter­ mechanics specially designed to enable a Authority, Maritime Administration, mined mutually by the Department of the Department of Commerce recipient organization to obtain cash Treasury and the program agency, a re­ from the Treasury promptly and with cipient organization may be requested [NSA ORDER 1 (AGE-1, Rev., Arndt. 3)] such frequency as may be necessary to authorize its commercial bank to draw a g e -1 — GENERAL AGENTS, AGENTS, based upon its own determination of on a letter of credit in its behalf when when and how much is actually needed checks issued by the recipient organiza­ AND BERTH AGENTS for its disbursements. The second tion (covering disbursements of Federal Miscellaneous Amendments method, the conventional method of ad­ funds) are presented to the bank for vancing cash by Treasury check, may be payment. AGE-1, Rev., as amended by Amend­ used if it will produce cash management ment 2 (30 F.R. 16201, Dec. 29, 1965) is benefits for the Treasury which equal § 205.6 Advances to secondary recip­ hereby amended as follows: the advantages made possible by the ients. 1. The parenthetical notation mechanics of the letter-of-credit method. Advances made by primary recipient “ (Amended 11-65) ” appearing below the This means it would be practicable to organizations (those which receive ad­ notation “ GAA 3-19-51” at the begin­ issue Treasury checks to a recipient or­ vances directly from the Federal Govern­ ning of the standard form of General ganization coordinate with the amount ment) to secondary recipients shall con­ Agency Agreement set forth in section of cash financing actually needed by the form substantially to the same standards 2(a) is revised to read: recipient organization for its current dis­ of timing and amount as apply to ad­ (Amended 3-69) bursements ■with a frequency comparable vances by Federal agencies to primary to what a recipient organization can recipient organizations. 2. Article 12. Nondiscrimination of*the achieve by its own direct and frequent standard form of General Agency Agree­ drawdowns on a letter of credit. Agencies § 205.7 Responsibility of program agen­ m e n t set forth in s e c tio n 2(a) is revised may request from the Department of the cies. to read: Treasury specific approval of other meth­ Regardless of the particular method A rticle 12. Nondiscrimination in employ­ ods which purport to be equally ad­ used to advance funds, the program ment. During the performance of this agree­ vantageous to the Federal Government. agency is responsible for (a) making ment, the General Agent agrees as follows. such reviews of financial practices of re­ (a) The General Agent will not discrimi­ § 205.5 Letter o f credit. cipient organizations, both primary and' nate against any employee or applicant for (a) A letter of credit, which must be employment because of race, color, religion, secondary, as are necessary to insure sex, or national origin. The General Agen executed by an authorized certifying against excessive withdrawals of cash will take affirmative action to ensure tha officer of the program agency concerned, from the Treasury, and (b) instituting applicants are employed, and that employee^ gives the recipient organization the au­ such remedial measures as may be neces­ are treated during employment, without re­ thority to draw directly on the Treasury, sary in the event of excessive with­ gard to their race, color, religion, sex, or na­ through its commercial bank (acting as drawals. Implementing procedures of tional origin. Such action shall include, b

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 RULES AND REGULATIONS 6523 not be limited to the following: Employ­ ning of the standard form of Berth vendor. The Berth Agent will take such ac­ ment, upgrading, demotion, or transfer; re­ Agency Agreement set forth in section tion with respect to any subcontract or pur­ cruitment or recruitment advertising; layoff 2(b) is revised to read: chase order as the National Shipping Au­ or termination; rates of pay or other forms thority may direct as a means of enforcing of compensation; and selection for train­ (Amendment 3-69) such provisions including sanctions for non- ing, including apprenticeship. The General compliance: Provided, however, That in the 5. Article 12. Nondiscrimination of theevent the Berth Agent becomes involved in, Agent agrees to post in conspicuous places, standard form of Berth Agency Agree­ available to employees and applicants for or is threatened with, litigation with a sub­ employment, notices to be provided by the ment set forth in section 2(b) is revised contractor or vendor as a result of such di­ National Shipping Authority setting forth to read; rection by the National Shipping Authority the Berth Agent may request the United the provisions of this nondiscrimination A rticle 12. Nondiscrimination in Employ­ clause. ment. During the performance of this agree­ States to enter into such litigation to protect (b) The General Agent will, in all solici­ ment, the Berth Agent agrees as follows: the interests of the United States. tations or advertisements for employees (a) The Berth Agent will not discriminate placed by or on behalf of the General Agent, 6. Sec. 3. Addendum to GAA 3-19-51 against any employee or applicant for em­ is revised to read: state that all qualified applicants will re­ ployment because of race, oolor, religion, sex, ceive consideration for employment without or national origin. The Berth Agent will take Sec. 3 Addendum to GAA 3—19—51. regard to race, color, religion, sex, or national affirmative action to ensure that applicants origin. are employed, and that employees are treated Each party holding a General Agency (c) The General Agent will send to each during employment, without regard to their Agreement (GAA 3-19-51) shall be re­ labor union or representative of workers with race, color, religion, sex, or national origin. quired to execute an addendum in form which it has a collective bargaining agree­ Such action shall include, but not be limited approved by the Office of General Coun­ ment or other contract or understanding, a to the following: Employment, upgrading, sel Maritime Administration, amending notice, to be provided by the National Ship­ demotion, or transfer; recruitment or re­ ping Authority, advising the labor union or the agreement to conform with the pro­ cruitment advertising; layoff or termination; visions of section 2 (a ). workers’ representative of the General Agent’s rates of pay or other forms of compensation; commitments under section 202 of Executive and selection for training, including ap­ (Sec. 204, 49 Stat. 1987, as amended; 46 U.S.C. Order No. 11246 of September 24, 1965, and prenticeship.'The Berth Agent agrees to post 1114, sec. 202 of Executive Order 11246, as shall post copies of the notice in conspicu­ in conspicuous places, available to employees amended by Executive Order 11375) ous places available to employees and appli­ and applicants for employment, notices to cants for employment. be provided by the National Shipping Au­ Dated: April 11,1969. (d) The General Agent will comply with thority setting forth the provisions of this By order of the Director, National all provisions of Executive Order No. 11246 nondiscrimination clause. of September 24, 1965, and of the rules, regu­ Shipping Authority, Maritime Adminis­

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 6524 RULES AND REGULATIONS

§ 7.79 Amistad Recreation Area. laws subject to the regulations in 43 CFR (a) Alcoholic Beverages. (1) The sale 3400.3. Title 47— TELECOMMUNICATION or gift of an alcoholic beverage to a per­ Inquiries concerning the land should Chapter I— Federal Communications son under 21 years of age is prohibited. be addressed to the Manager, Land O f­ Commission fice, Bureau of Land Management, Santa (2) Possession of alcoholic beverages [FCC 69-360] by persons under 21 years of age is Fe, N. Mex. prohibited. H a r r iso n L o e s c h , PART 0— COMMISSION Assistant Secretary of the Interior. (b) Firearms. The carrying or posses­ ORGANIZATION sion of firearms or other implements A p r il 8, 1969. Chief, Broadcast Bureau; Delegation designed to discharge missiles, which are [F.R. Doc. 69-4406; Piled, Apr. 15, 1969; capable of destroying animal life, on the 8:45 a.m.] of Authority waters of Amistad Reservoir, except as In the matter of amendment of incident to the authorized hunting of [Public Land Order 4591] § 0.281 (r) of the Commission’s rules and wildlife in areas so designated by the [New Mexico 6844] regulations. Superintendent, is prohibited. This re­ NEW MEXICO 1. The Commission, having under con­ striction shall not apply to authorized sideration the frequency-hours usage re­ law enforcement officers when engaged in quirements of FCC-licensed international law enforcement duties. Withdrawal for National Forest Ad­ ministrative Site and Recreation broadcast stations as concerns seasonal C o l e m a n C. N e w m a n , Areas authorizations and temporary authority Superintendent, for the carriage of special events, has de­ Amistad Recreation Area. By virtue of the authority vested in termined that the Chief, Broadcast Bu­ [F.R. Doc. 69-4409; Piled, Apr. 15, 1969; the President and pursuant to Executive reau, should be delegated authority— 8:45 a.m.] Order No. 10355 of May 26, 1952 (17 F.R. (a) To grant requests for waiver of the 4831), it is ordered as follows: provisions of § 73.702(1) of the Commis­ 1. Subject to valid existing rights, sion’s rules and regulations to permit in­ the following described national forest ternational broadcast stations to operate Title 43— PUBLIC LANDS: lands are hereby withdrawn from appro­ a greater number of frequency-hours priation under the mining laws (30 than provided by the daily frequency- INTERIOR U.S.C., ch. 2), but not from leasing un­ availability table in § 73.704; der the mineral leasing laws, in aid of Chapter II— Bureau of Land Man­ (b) To grant requests for waiver of programs of the Department of the provision of the note to § 1.574(c) to agement, Department of the Interior Agriculture: permit international broadcast stations APPENDIX— PUBLIC LAND ORDERS N e w M exico P r in c ip a l M e r id ia n to operate a greater number of frequen­ [Public Land Order 4590] SANTA PE NATIONAL FOREST cy-hours than authorized on April 25, 1963; [New Mexico 4826] \ Seven Springs Campground and that § 0.281 (r) of the rules and reg­ NEW MEXICO T. 20 N., R 2 E., Sec. 25, NWy4 SW'/4; ulations be amended to reflect this de­ Partial Revocation of Stock Sec. 26, Ei/2NEi,4SEi4. termination. All such authority w ill be coordinated with the U.S. Information Driveway Withdrawal Seven Springs Administrative Site Agency. By virtue of the authority contained in T 20 N R 2E 2. Since the amendment relates to in­ Sec. ’’ 26, ’sw iA S W & S E y i and Sy2 section 10 of the act of December 29,1916 ternal Commission organization and NW%SW^4SE%. (39 Stat. 865; 43 U.S.C. 300), as amended, practice, the prior notice and effective it is ordered as follows: Redondo Campground and Jernes Overlook date provisions of the Administrative 1. Secretarial Order of February 14, T. 19 N., R. 3 E., Procedure Act (5 U.S.C. 553) n e e d n ot be 1919, creating Stock Driveway No. 20 Sec. 21, lots 2, 3, and 4, SE^SE yiN W iA , observed. (New Mexico No. 2), is hereby revoked so andEi/2SWy4. 3. Authority for the adoption of this far as it affects the following described Black Canyon Campground amendment is contained in sections 4(i), land: T. 17 N., R. 10 E., 303(c), and 303 (r) of the C om m u n ica­ N e w M exico P r in c ip a l M e r id ia n Sec. 1, lots 12 and 13; tions Act of 1934, as amended. Sec. 12, NWy4NEy4NW y* and NE1ANW1/4 4. Accordingly, it is ordered, Effective T . 25 N„ R. 7 E., Sec. 35, lots 1, 2,3, 4, and E y2. n w ia . April 18,1969, that § 0.281 (r) of the Com­ Little Tesuque Picnic Area mission’s rules and regulations is The area described aggregates 407.64 amended as set forth below. acres in Rio Arriba County. T. 17 N., R. 10 E., Sec. 2, Ei/2SEiASEi4 and Ey2W y2 SE%SEJ4. (Secs. 4, 303 48 Stat., as amended 1066, 1082; The tract of land lies 2 miles east of 47 U.S.C. 154, 303) the village of El Rito. Topography is Borrego Mesa Campground steeply rolling to rough and broken gul- T. 20 N., R. 11 E., Adopted: April 9,1969. leys. Vegetation consists of native forage Sec. 9, SE14 of lot 5, SWy4SEy4NEy4, N W 14 Released: April 11,1969. species, blue grama, black grama, and NEi^SE^, and NE^NW^SE^. galleta with crested wheatgrass being in­ F ederal C ommunications The areas described aggregate 413.34 troduced in some areas. There is also an C o m m is s io n ,1 acres in Sandoval and Santa Fe extremely dense stand of pinon-juniper. [ s e a l ] B e n F. W a p le , Counties. Secretary. 2. At 10 a.m. on May 14, 1968, the land 2. The withdrawal made by this order shall be open to operation of the public In Part 0 of Chapter 1 of Title 47, Code does not alter the applicability of those land laws generally, subject to valid ex­ of Federal Regulations, § 0.281 (r) » public land laws gqveming the use of isting rights, the provisions of existing amended to read as follows: the national forest lands under lease, withdrawals, and the requirements of § 0.281 Authority delegated. applicable law. All valid applications re­ license, or permit, or governing the dis­ ***** ceived at or prior to 10 a.m. on May 14, posal of their mineral or vegetative re­ 1968, shall be considered as simultan­ sources other than under the mining (r) After coordination with the UJS- laws. eously filed at that time. Those received Information Agency, to authorize t thereafter shall be considered in the H a r r iso n L o e s c h , use of frequencies and frequency hou order of filing. Assistant Secretary of the Interior. by international broadcast stations; a The land has been open to applications A p r il 9, 1969. and offers under the mineral leasing laws, [P.R. Doc. 69-4407; Piled, Apr. 15, 1969; 1 Commissioner Johnson concurring in ^ and to location under the U.S. mining 8:45 am .] result.

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 RULES AND REGULATIONS 6525 to grant, upon adequate showing of need, to submit, or have submitted, the same continue, as it has in the past, to permit waivers for operation in excess of the letters of notification 30 days prior to the the separation of the noncontroverted frequency-hour limitations imposed by institution o f service. It then appears portions of a proposal from the contested § 73.702(1) and the note to § 1.574(c) of that the only difference in this respect is portion where that is feasible. this chapter. the timing of notification. Several car­ 7. Notwithstanding these and other ***** riers have contended that the CATV sys­ arguments advanced by the carriers, we tems may not have completed their [Fit. DOC. 69-4461; Filed, Apr. 15, 1969; are convinced that the adoption of 8:50 a.m.] choice of signals to be obtained off the § 21.713 will bring a higher degree of air when the 'microwave application is logical and procedural order in the Com­ filed. We doubt that such decision is so mission’s consideration of these micro- [Docket No. 18383; FCC 69-355] complex or difficult that it requires an wave-CATV proposals without imposing PART 21— DOMESTIC PUBLIC RADIO extended period of consideration. Even any substantial hardship on any party. SERVICES (OTHER THAN MARI­ so, there is no prohibition against a Furthermore, _ we believe the premises CATV system modifying its notification for this proposal, as outlined in the no­ TIME MOBILE) after the microwave application is filed.1 tice of proposed rule making, are still Television Relay Service to Community 5. Several carriers contend that the valid and that all parties will benefit Antenna Television Systems proposed rule would require the carrier from the proposed changes. Accordingly, to police the CATV rules. The Commis­ we will adopt the rule as proposed except Report and order. In the matter of sion has no intention of requiring such for some modifications in language. amendment of Part 21 of the Commis­ policing. As indicated in the notice of 8. It has also been suggested that we sion’s rules and regulations relative to proposed rule making, there is desire to delay action in this proceeding until the applications in the domestic public reduce the administrative burden on the rules proposed in Docket No. 18397 (15 point to point microwave radio service carriers. We do not expect the carrier FCC 2d 417) are acted upon. The rules involving television relay service to com­ to insure that the CATV system has cor­ proposed in that proceeding would com­ munity antenna television systems, rectly complied with all provisions of the pletely reconstitute § 74.1107 and elimi­ Docket No. 18383. CATV rules. However, we do expect the nate the prior consent now necessary for 1. This proceeding was instituted by a carrier to require the CATV system to the importation of distant signals into a notice of proposed rule making released submit to it copies of all letters of noti­ top 100 television market but would leave on November 22, 1968 (FCC 68-1121, 33 fication (for purposes of inclusion in the untouched the notification and objection F.R. 17696). It was proposed to modify application), to ascertain that such let-, provisions of §§ 74.1105 and 74.1109. Part 21 of the Commission’s rules so as ters contain reference to the intended Therefore, such rules, if adopted, would to delete §§ 21.710, 21.712, and 21.714 and microwave filing, and to require the not affect the need or justification for to add new § 21.713. The essence of such CATV system to identify any other Com­ paragraph (a) of § 21.713, but they would change would be: (a) To eliminate from mission application or request that may substantially deminish the applicability Part 21 the requirements that largely be necessary for carriage of the im­ of paragraph (b ). However, even if the duplicate the carriage and nonduplica­ ported signals. Beyond this the carrier prior approval requirement of the pres­ tion provisions of § 74.1103 of the rules will have no other responsibility with ent § 74.1107(a) is eliminated, there may and (b) to add the requirement that the respect to the CATV rules. It will be the be circumstances whereby other Commis­ proposed CATV system subscriber give responsibility of the CATV system to sion approval may be required prior to the § 74.1105 notice and apply for any make correct notification pursuant to the institution of service to a customer necessary Commission authorization (to § 74.1105 and to ascertain whether any (e.g., the CATV customer may rely on utilize the distant signal) prior to the other Commission authorization is channel service by a telephone company filing of the common carrier microwave needed to enable it to operate as pro­ application. which is subject to a section 214 posed. To eliminate any misunderstand­ authorization). Consequently, we will 2. Comments were received from ing in this aspect, we will eliminate the revise the language of § 21.713(b) to be United States Independent Telephone term “certification” from § 21.713 and of more general applicability. Association (U S IT A ); National Cable substitute other language which more ac­ 9. As indicated in paragraph 3, NCTA Television Association, Inc. (N C T A ); curately reflects the carrier’s limited re­ Association of Maximum Service Tele­ suggests several changes to the proposed sponsibility in this matter. rule. One suggested change would elimi­ casters, Inc. (M S T ); Western Micro- 6. Another objection raised by several wave, Inc. (W estern); National Associa­ nate the requirement that the carrier file carriers is that an application, or set of copies of the 74.1105 notifications but tion of Broadcasters (N A B ); Frank K. applications, often involves service to a Spain, doing business as Microwave would substitute the names and ad­ number of communities and that an ob­ dresses of those that were notified and Service Co. (MSC); West Texas Micro- jection or protest concerning one com­ wave Co. (West Texas); Telecommuni­ the date of notification. This suggestion munity would impede and delay service is rejected because of the additional work cations, Inc.; and All-Channel Television to all communities. This, unfortunately, Society (ACTS). Reply comments were it would necessitate on the part of the has frequently been a problem in respect Commission staff. While the inclusion of received from USITA and MST. to “multiple service” applications in the 3. ACTS, MST, and NAB support the copies of the letters will tend to add past since a television broadcaster, ob­ somewhat to the bulk of the application, Proposed changes. NCTA supports the jecting to service to a single community, Proposal in general but suggests several it will facilitate review of the application. would usually file a petition to deny Another NCTA suggestion is that the changes. The carriers (Western, MSC, which would have the effect of imped­ West Texas, Telecommunications, and proposed provision requiring the ing the entire proposal even though § 74.1105 notices to include a reference , f ® ) support the deletion of other, uncontested service was involved. s§ 21 710, 21.712, and 21.714 but are op­ to the microwave application be placed However, we fail to see how the proposed in § 74.1105(b) rather than §21.713. posed to the adoption of § 21.713 for rule changes would aggravate the situa­ various reasons. While the inclusion of this requirement tion. Whether a broadcaster files a peti­ in § 74.1105(b) may be helpful, it is not naost common complaint ad- tion to deny the microwave applications considered critical since the carrier will w y the crie rs is that the rule or files a § 74.1109 petition in response to be responsible for informing the CATV thofii- burdensome and interfere w itl an earlier filed § 74.1105 notification, the system of the requirement. Furthermore, r ._ b _ n n g of applications. However, sue! result is the same— to impede the entire modification of § 74.1105 would not be flrmPlairi *s no^ suPPorted by convincing proposal. Of course, the Commission will appropriate in the context of this pro­ ttin T en ' ^.e recognize that the carrie; i f required to obtain and submil ceeding which is limited to Part 21 of the nf „ V?,aPPbcation copies of the letter« 1 If the subsequent change Involves a sig­ rules. However, we will consider the sug­ nal to be relayed on the proposed facilities, but we fail to see anj the microwave application would have to be gestion with respect to another proceed­ burden. Under the presenl amended, and public notice thereof would ing which may encompass changes to § 21.712(a)) the carrier is requirec be given by the Commission. § 74.1105.

No. 72------a FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 6526 RULES AND REGULATIONS

10. In view of the foregoing, it is con­ [Docket No. 18316; FCC 69-371] parties is that the frequency of report­ cluded that the rule changes contained PART 43— REPORTS OF COMMUNI­ ing be increased to at least quarterly and below should be adopted. Authority for that provisions be made for reporting the rules adopted is contained in sections CATION COMMON CARRIERS AND pending requests for free or reduced rate 4(i) and 303 of the Communications Act CERTAIN AFFILIATES interconnection service. of 1934, as amended. Free or Reduced Rate Interconnection 5. In its initial comments, A.T. & T. 11. Accordingly, it is ordered, That ef­ Service for Noncommercial Educa­ noted that it recognizes the public inter­ fective May 19, 1969, Part 21 of the est in the development of educational Commission’s rules and regulations is tional Broadcasting broadcasting and cites its tariff provid­ amended as set forth below. Report and order. In the matter of ing for a trial of interruptible intercon­ 12. It is further ordered, That the free or reduced rate interconnection nection service to the Corporation for various requests contained in the plead­ service for noncommercial educational Public Broadcasting at charges sub­ ings and comments listed in paragraph 2, broadcasting, Docket No. 18316. stantially lower than commercial to the extent that they may not have 1. Background. 1. The Commission has charges. A.T. & T. has no objections to been granted herein, are otherwise under consideration its notice of pro­ the proposed rule, but asks that, in cases denied. posed rule making, FCC 68-909, issued Where service is requested and furnished 13. I t is further ordered, That this on September 6, 1968 (33 F.R. 12853, at less than cost to the carrier, the Com­ proceeding is terminated. Sept. 11, 1968), inviting comments on a mission require that such service be sub­ (Secs. 4, 303, 48 Stat.^ as amended 1066, 1082; proposed rule designed as a first step ject to its approval upon determination 47 U.S.C. 154, 303) toward implementing the provisions of of public interest and that all such ex­ penses be treated as operating expenses Adopted: April 9, 1969. new section 396(h) of the Communica­ tions Act of 1934. The rule provided that so that the users of communications serv­ Released: April 11, 1969. such service may be rendered and re­ ices, rather than the stockholders, would bear the cost. In its reply comments, F ederal C ommunications quired the reporting of various data A.T. & T. states that it has no objection C o m m is s io n , pertinent thereto. to the increase in frequency of the re­ [ s e a l ] B e n F. W a p l e , 2. Timely comments were filed by 21 Secretary. parties, including carriers, broadcasters, ports to a quarterly basis, but believes associations, States, the Ford Founda­ that the Commission could be sufficiently Part 21 of Chapter I of Title 47 of the tion, and the U.S. Department of Health, informed of pending requests by the ex­ Code of Federal Regulations is amended Education, and Welfare (H EW ). The pedient of requiring eopies of applica­ as follows: original deadline for reply comments of tions by broadcasters and denials by § 21.710 [Deleted] October 28, 1968, was extended to No­ carriers regarding free or reduced serv­ vember 18, 1968, upon motion of the ice to be filed with the Commission. In 1. Delete § 21.710 in its entirety. American Telephone and Telegraph addition, A.T. & T. opposes the proposal § 21.712 [Deleted] Company (A.T. & T.) . Prior to that date, of some of the parties that carriers report their intention to deny a proposal. A.T. & 2. Delete § 21.712 in its entirety. reply comments were received from A.T. & T., United States Independent T. also points to the language of section § 21.714 [Deleted] Telephone Association (U S IT A ), and the 396(h) as being permissive rather than mandatory. 3. Delete § 21.714 in its entirety. State Education Department of the Uni­ 4. Add new § 21.713 to read as follows: versity of the State of New York. 6. USITA, the only other party to ad­ 3. Subsequent to our adoption of the vance the point of view of the carriers, § 21.713 Applications for authorizations notice of proposed rule making in noted in its initial comments that while involving relay o f television signals this proceeding, negotiations between it has no objection to the proposed rule, to CATV systems. A.T. & T. and the Corporation for Public it urges the Commission to consider what An application in this service for au­ Broadcasting (CPB) resulted in a special it believes to be serious problems pre­ thorization to establish new facilities 6-month experimental tariff offering to sented to the independent telephone in­ or to modify existing facilities to be used CPB which became effective December 1, dustry in that, unlike the situation gen­ to relay television signals to community 1968. This tariff, now scheduled to ex­ erally with interexchange channels, idle antenna television (CATV) systems shall pire May 31, 1969, provides for intercon­ facilities are not likely to be available for contain a statement by the applicant nection service to 57 points for 2 hours locally situated studio-transmitter or that, to the best of his knowledge, each of prime time per night, 5 nights per network access lines so that new con­ CATV system to be served has, on or be­ week, at a charge generally of $43 per struction would generally be required to fore the filing date of the application, point connected per occasion of use. provide initial service in the territory complied with the requirements of para­ While tins provides service at substan­ of independent, non-Bell companies. graphs (a) and (b) of this section. In tially lower charges than would apply Where this construction is performed respect to paragraph (a) of this section, if commercial rates were charged, the by such an independent telephone copies of all letters of notification shall tariff also provides that, because the company, the company must go be­ be included in the microwave applica­ service is provided through “spare” fore a state regulatory commission to tion. Where paragraph (b) is applicable, channels, the telephone company re­ make up any loss. In its reply com­ the relevant request or application shall serves the light to preempt any portion ments, USITA follows A.T. & T. in toe identified, including the date the re­ of the CPB service without prior notice emphasizing that, contrary to the posi­ quest or application was filed and, if whenever the “spare” channels are re­ tion taken by the Ford Foundation, HEW, available, the file number. quired for commercial customers. From and others, it does not read the language (a) The CATV system shall give noti­ the beginning of this service, there have of section 396(h) as a “mandate” to the fication as required by § 74.1105 of this been a number of short-notice preemp­ Commission to insure that free or re­ chapter. In addition to the requirements tions of the CPB service in favor of com­ duced rates are provided to educational specified in § 74.1105, such notice shall mercial users. broadcasting. Rather, USITA construes include the fact of intended filing by the II. Comments received. 4. Generally,section 396(h) has merely providing a common carrier. those commenting support the proposed defense to a complaint by a third party (b) I f any Commission consent or au­ rule as a first step toward meeting the that free or reduced rates for service to thorization is required before the CATV established desires for greatly increased educational broadcasting are unduly dis­ system can utilize the television signals interconnection of educational broad­ criminatory. USITA has no problem with to be relayed by the proposed facilities, cast stations at a price they can afford. a requirement for more frequent reports, the CATV system shall file, or cause to The comments recite the benefits to the but suggests that a portion of the infor­ be filed, appropriate request or applica­ public of interconnected educational mation might be supplied by filing copies tion with the Commission. broadcasting and the alleged prohibitive of requests and denials for service witn [F.R. Doc. 69—4462; Filed, Apr. 15, 1969; cost thereof at commercial rates. The the Commission. In addition to the issue 8:50 am .] most common recommendation of these of the proposed rule, USITA emphasizes

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 RULES AND REGULATIONS 6527 its belief that the Commission should act rates under tariffs filed with us. However, end of each calendar quarter, two certi­ promptly to resolve the questions of the rule we are adopting is intended to fied copies of reports covering each whether or not carriers can be required apply only to those situations where the quarter of the year. The reports shall to provide free or reduced rate service same services or facilities offered under show the call signs and locations of the and construction and how the costs of tariffs filed with us are furnished, or are stations to .which such service was ren­ these are to be borne. requested to be furnished, for the inter­ dered pursuant to this rule and the dates 7. In the comments of HEW, it isconnection of educational broadcast sta­ such service was rendered; the names of suggested that the provision of free or tions either at no charge or at charges any agency, corporation or association reduced rates should not be limited to below those published in the tariffs. of stations, other than the stations inter­ broadcasting facilities, but could in­ 10. In regard to the scope of section connected, to which service was charged clude closed local distribution systems 396(h), we agree with USITA that this or credited; the general character of since section 396(h) states that free or section should not be construed as pro­ the service provided; the charges in dol­ reduced rate interconnection services viding for free or reduced rates for in­ lars which would have accrued to the may be provided “ * * * for noncom­ terconnection among nonbroadcast sta­ carrier for such services rendered if all mercial educational television or radio tions. Section 397(8) states that, for the charges for such services had been cal­ service, * * USITA’s response ob­ purpose of the Act, “The term ‘inter­ culated at the published tariff rates; the jects to this interpretation on the ground connection’ means the use of microwave charges in dollars, if any, actually made that the interconnection services to be equipment, boosters, translators, re­ or credited for such service; the name supplied are defined in the Act section peaters, communication space satellites, and address of any person whose request 397(8) as providing for “ * * * the or other apparatus or equipment for the for such service is pending as of the last transmission and distribution of tele­ transmission and distribution of tele­ day of the reporting period, the date of vision or radio programs to noncom­ vision or radio programs to noncom­ such request, a general description of mercial educational television or radio mercial educational television or radio the service requested, and the expected broadcast stations.”, and therefore, sec­ broadcast stations,” 47 U.S.C. 397 (8). date of decision on the pending request; tion 396(h) cannot be read to compre­ 11. Finally, we understand the con­ the name and address of any person hend interconnection services provided cern of the carriers as to how the costs of whose request for such free or reduced to nonbroadcasters or for nonbroadcast service rendered pursuant to section 396 rate service has been denied during the purposes. (h) are to be recovered by the carriers. reporting period together with 8, general III. Conclusions. 8. Inasmuch as the We believe that it is desirable to state the description of the service requested, and proposed rule appears desirable for the Commission’s policy in this area so far the reasons for such denials of service efficient discharge of the Commission’s as it is possible at this time. Consistent and the dates thereof. duties at this stage of the implementa­ with the policy of the Public Broadcast­ (Secs. 4, 218, 219, 48 Stat., as amended, 1066, tion of section 396(h), we intend to ing Act, it is reasonable and appropriate 1077; Sec. 396, 76 Stat. 67; 47 U.S.C. 154, 218, adopt it, with certain of the suggested that all costs, including the cost of new 219,396) construction, shall be treated as related modifications. First, we agree with the Adopted: April 9,1969. majority of the comments received that to common carrier interstate service and reports should be made more frequently as such shall be included in the carriers Released: April 11,1969. than every 6 months, at least initially, total interstate rate base and operating F ederal C ommunications and we are therefore changing the re­ expenses. It should also be made clear C o m m is s io n ,1 porting period to a quarterly basis. In that, although the language of section [ s e a l ] B e n F. W a p l e , regard to the issue of reporting pending 396(h) is permissive, the national policy Secretary. requests and denials of requests for free expressed is that the public interest is served by the expansion of noncom­ [F.R. Doc. 69-4463; Filed, Apr. 15, 1969; or reduced rate service, it appears that 8:50 a.m.] this area can be adequately covered by mercial educational broadcasting service including a requirement in the rule that to the public through free or reduced the carrier’s report shall identify all un­ rate interconnection common carrier [Docket No. 18415; FGC 69-353] services for educational broadcast sta­ fulfilled pending requests for service. In PART 81— STATIONS ON LAND IN those cases where time is of the essence, tions. While we need not definitively re­ or the prospective user believes needed solve the question raised by USITA as MARITIME SERVICES service is being improperly delayed or to whether or not the Commission can PART 83— STATIONS ON SHIPBOARD require or order common carriers to pro­ denied, the Commission’s established in­ IN MARITIME SERVICES formal complaint procedures should vide such free or reduced rate service, we provide adequate and timely relief. do believe that we have ample authority Use of ITU Manual 9. We wish to make clear at this pointto promote the congressional purpose and the public interest in this important Report and order. In the matter of that we construe an ultimate objective amendment of Parts 81 and 83— to in­ of the Public Broadcasting Act of 1967 area. clude provision for the IT U Manual for to be the rendition of free or reduced 12. Authority for the adoption of the use by the Maritime Mobile Service in rate interconnection service that is com­ addition contained herein is contained parable in all material respects with in sections 4 (i), 218, 219(b), and 396(h) the list of service documents which shall be provided at specified categories of service furnished commercial users at of the Communication Act of 1934, as coast and ship stations, docket No. 18415. published tariff rates with the only dif­ amended. ference in treatment being the free or 1. A notice of proposed rule making in 13. In view of the foregoing: It is or­ the above captioned matter was released reduced rate. Therefore, we consider the dered, That effective July 1, 1969, Part present experimental tariff offering by 43 of the Commission’s rules is amended on January 10, 1969, and was published A.T. & T. to CPB only as an interim step to add § 43.74 to read as follows: in the F ederal R egister on January 14, toward meeting the ultimate objective 1969 (34 F.R. 517). In the notice, the § 43.74 Service rendered free or at re­ because the terms and conditions of the Commission proposed to amend its rules offering, particularly the provision for duced rates pursuant to section 396 (h ) o f the Act; reports relative to include provision for the ITU Manual preemption without prior notice, signifi­ thereto. cantly distinguish the quality of this for use by the Maritime Mobile Service service from commercial service. We Any common carrier subject to the in the list of service documents which therefore expect that the carriers will Communications Act may render free or shall be provided at specified categories Proceed expeditiously to equip themselves reduced rate communications intercon­ of coast and ship stations. nection services for noncommercial edu­ . facilities necessary to fulfill the 2. No comments were filed in response cational television or radio services, sub­ objectives of the Act. Furthermore, it to the notice. should be made clear that carriers are ject to the rules contained in this part. not Precluded from providing special Every carrier furnishing such service classes of interconnection services for shall make and file, in duplicate, with 1 Commissioners Wadsworth and Johnson educational broadcast stations at low the Commission within 40 days after the absent.

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 6528 RULES AND REGULATIONS

3. The Pinal Acts of the World Ad­ § 83.329 Station documents. high frequencies have been deleted from ministrative Radio Conference on ma­ (a) * * * § 87.299 of the Commission’s rules which rine matters, Geneva, 1969, provides that (8) The Manual for use by the Mari­ lists the frequencies available in Hawaii. the “Manual” replace the International time Mobile Service, published by the 4. In accordance with the EARC, Radio Regulations effective April 1, 1969. International Telecommunication Union, § 87.301(b) is amended to make the Since the proposed date of April 1, 1969, Geneva; frequency 5461 kc/s available as a re­ has passed, it is necessary that another placement for 4689.5 kc/s for domestic date be specified. The Commission is, N o t e : The Additional Radio Regulations route stations in the West Indies. The contained in Part B of the Manual do not therefore, adopting an effective date of apply to ships of U.S. registry. replacement will be available on the July 1, 1969. Part B of the “ Manual” in­ effective date of this order. cludes extracts from the IT U Additional (9) Part 83 of this chapter. 5. In view of the foregoing: It is Radio Regulations (A R R ). Since the (b) All ship stations on board ships ordered, Pursuant to the authority con­ United States is not party to the ARR, not compulsorily fitted with a radiotele­ tained in sections 4(i) and 303 (b), (c), an appropriate note has been added to graph installation, but using telegraphy, and (r) of the Communications Act of exclude applicability of the ARR to ships shall be provided with the documents 1934, as amended, that effective May 19, of U.S. registry. prescribed by subparagraphs (1), (2), 1969, Part 87 of the Commission’s rules 4. In view of the foregoing: It is or­ (3), (4), (5), 6), (8), and (9) of para­ are amended as set forth below. dered, That, pursuant to the authority graph (a) of this section. I t is further ordered, That this pro­ contained in sections 4(i) and 303(r) of 4c 4c 4s 4c 4e ceeding is terminated. the Communications Act of 1934, as 2. In § 83.367, subparagraph (5) of (Secs. 4, 303, 48 Stat., as amended 1066, amended, Parts 81 and 83 of the Commis­ paragraph (a) is amended to read as 1082; 47 U.S.C. 154, 303) sion’s rules are amended effective July 1, follows: Adopted: April 9, 1969. 1969, as set forth below. § 83.367 Station documents. 5. I t is further ordered, That the Released: April 11, 1969. (a) * * * proceeding in Docket No. 18415 is F ederal C ommunications terminated. (5) The Manual for use by the Mari­ C o m m is s io n , time Mobile Service, published by the (Secs. 4, 303, 48 Stat., as amended 1066, 1082; [ s e a l ] B e n F . W a p l e , 47 U.S.C. 154, 308) International Telecommunication Union, Secretary. Geneva; Adopted: April 9, 1969. Section 87.299 is amended to read as N o t e : The Additional Radio Regulations follows: Released: April 11, 1969. contained in Part B of the Manual do not apply to ships of U.S. registry. § 87.299 Hawaii. F ederal C ommunications ***** C o m m is s io n , Frequencies available for assignment [P.R. Doc. 69-4464; Filed, Apr. 15, 1969; [ s e a l ] B e n P . W a p l e , to serve domestic routes in the State of 8:50 a.m.] Secretary. Hawaii are as follows: A. Part 81, Stations on Land in the MC/S MC/s MC/s [Docket No. 18326; FCO 69-350] 129.1 129.7 130.1 Maritime Services, is amended as 129.3 129.9 130.3 follows: pa rt 87— AVIATION SERVICES 129.5 1. In § 81.213, subparagraph (6) of paragraph (a) is amended to read as High Frequency Assignments Allo­ Section 87.301 is amended to read as follows: cated for Domestic Route Service in follows: Hawaii and U.S. Possessions in §81.213 Station documents. § 87.301 West Indies. (a> * * * West Indies (a) Very high frequencies available for (6) The Manual for use by the Mari­ Report and order. In the matter assignment to serve domestic routes in time Mobile Service, published by the In ­ amendment of Part 87 of the Com­ U.S. possessions in the West Indies are ternational Telecommunication Union, mission’s rules to change existing high as follows: Geneva; * frequency assignments allocated for MC/s MC/s MC/s domestic route service in the State of 129.1 129.5 129.7 N o t e : The Additional Radio Regulations 129.3 contained in Part B of the Manual do not Hawaii and U.S. possessions in the West apply to ships of U.S. registry. Indies, docket No. 18326. (b) High frequencies available for as­ 1. The Commission on September 25, 4c 4c * 4c 4 signment to serve domestic routes in U.S. 1968, adopted a notice of proposed rule possessions in the West Indies are: 2. In § 81.313, subparagraph (7) of making in the above entitled matter paragraph (a) is amended to read as (PCC 68-966) which made provision for kc/s kc/s kc/s follows: . the filing of comments and was published 2861 6619.51 89242 5461 65752 § 81.313 Station documents. in the F ederal R egister on October 2, 1968 (33 P .R . 14724). There were no 1 Available only until Sept. 17,1970. (a) * * * comments received. 2 Available after Sept. 17, 1970. (7) The Manual for use by the Mari­ 2. The notice of proposed rule making [F.R. Doc. 69-4460; Filed, Apr. 15, 1969: time Mobile Service, published by the was issued in response to frequency 8:49 a.m.] International Telecommunication Union, changes that were adopted in the Final Geneva. Acts of the Extraordinary Administra­ [FCC 69-353] N o t e : The Additional Radio Regulations tive Radio Conference (E A R C ), Geneva, contained in Part B of the Manual do not 1966. The proposal was for the amend­ PART 97— AMATEUR RADIO apply to ships of U.S. registry. ment of §§ 87.299 and 87.301 of the Com­ SERVICE * * * * * mission’s rules which concern frequen­ Station Control B. Part 83, Stations on Shipboard in cies allocated for domestic route service the Maritime Services, is amended as in the State of Hawaii and U.S. posses­ In the matter of amendment of the follows: sions in the West Indies. amateur radio service rules to delete* requirement for a showing of station 1. In § 83.329, subparagraph (8) of 3. As stated in the notice of proposed paragraph (a) is amended; subpara­ rule making, the operational require­ control. ments for providing domestic route serv­ 1. The Commission has under con­ graph (9) of paragraph (a) is deleted; ice in the State of Hawaii are now firmly sideration Amateur Radio Service nu and subparagraph (10) of paragraph established on frequencies from the VHP § 97.37 relating to the requirement tnai '(a) is renumbered (9), and paragraph bands. Accordingly, the Regional and an amateur license applicant maxe (b) is amended to read as follows: Domestic Air Route Areas (RDARA) satisfactory showing that he has con

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 RULES AND REGULATIONS 6529 of both the proposed transmitting sta­ 12741, 34 F.R. 12) and good cause ap­ tion and the specific premises upon which Title 50— WILDLIFE AND pearing therefor: the station apparatus is to be located. It is ordered, That: 2. The Commission proposes to delete FISHERIES Section 1033.1003 Service Order No. 1003 (Illinois Central Ralroad Co. au­ the requirement for a specific showing Chapter I— Bureau of Sport Fisheries of station control from § 97.37. It ap­ thorized to operate over certain trackage pears that no useful purpose is served and Wildlife, Fish and Wildlife abandoned by the Tennessee Central by the requirement for a specific show­ Service, Department of the Interior Railway Co.) be, and it is hereby, vacated and set aside. ing of station control in the application.. PART 33— SPORT FISHING Other provisions presently contained in (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, the rules require the licensee to maintain Squaw Creek National Wildlife 384, as amended; 49 U.S.C. 1, 12, 15, and 17 (2 ). Interprets or applies secs. 1(10—17), 15 control over the operation of his amateur Refuge, Mo. radio station. The elimination of the (4), and 17(2), 40 Stat. 101, as amended 54 The following special regulation is is­ Stat. 911; 49 U.S.C. 1(10-17), 15(4), and requirement to make a specific showing 17(2)) of station control in no way diminishes sued and is effective on date of publica­ the licensee’s responsibility under these tion in the F ederal R e g ist e r . It is further ordered, That this order other provisions, to maintain control over § 33.5 Special regulations: sport fishing: shall become effective at 12:01 a.m., his amateur radio station. Also, the for individual wildlife refuge areas. April 12, 1969; that copies of this order amateur applicant will continue to cer­ and direction shall be served upon the tify, at the bottom of the amateur ap­ M is s o u r i Association of American Railroads, Car plication form, that the amateur radio SQUAW CREEK NATIONAL WILDLIFE REFUGE Service Division, as agent of the rail­ equipment to be licensed will remain in­ roads subscribing to the car service and Sport fishing on the Squaw Creek Na­ accessible to unauthorized persons. It is per diem agreement under the terms of determined, therefore, that it is in the tional Wildlife Refuge, Mo., is permitted that agreement; and that notice of the only on the area designated by signs as public interest to delete the requirement order shall be given to the general public for a showing of station control. open to fishing. These open areas are de­ by depositing a copy in the Office of the lineated on a map available at the refuge Secretary of the Commission at Wash­ 3. The rule changes herein ordered are headquarters and from the office of the procedural and editorial only and, hence, ington, D.C., and by filing it with the Regional Director, Bureau of Sport Fish­ Director, Office of the Federal Register. the prior notice, public procedure and the eries and Wildlife, Federal Building, effective date provisions of 5 U.S.C., sec­ Fort Snelling, Minneapolis, Minn. 55450. By the Commission, Railroad Service tion 533, are not applicable. Authority for Sport fishing shall be in accordance with Board. these rule changes is contained in sec­ all applicable State regulations subject tions 4 (i) and 303 (r) of the Communica­ [ s e a l ] H. N e il G a r s o n , to the following conditions: Secretary. tions Act of 1934, as amended. (1) Open season: May 1,1969, through 4. In view of the foregoing: It is or­ September 15, 1969, daylight hours only. [F.R. Doc. 69-4437; Filed, Apr. 15, 1969; 8:47 a.m.] dered, That, effective April 18, 1969, (2) Spearing or gigging is not per­ § 97.37 is amended as shown below. mitted. - (Secs. 4, 303, 48 Stat., as amended 1066, 1082; The provisions of this special regula­ [S.O. 1004-A] 47 U.S.C. 154, 303) tion supplement the regulations which PART 1033— CAR SERVICE Adopted: April 9,1969. govern fishing on wildlife refuge areas generally which are set forth in Title 50, Harriman & Northeastern Railroad Released: April 11,1969. Code of Federal Regulations, Part 33 and are effective through September 15, Co. Authorized To Operate Over F ederal C ommunications Certain Trackage Abandoned by C o m m is s io n ,1 1969. arold u r g e ss Tennessee Central Railway Co, [ seal] B e n F . W a p l e , H H . B , Secretary. Refuge Manager, Squaw Creek At a session of the Interstate Com­ National Wildlife Refuge, merce Commission, Railroad Service Part 97 of the Commission’s rules is Mound City, Mo. amended as follows: Board, held at its office in Washington, Section 97.37 is revised t o ‘ read as A p r il 7, 1969. D.C., on the 19th day of April 1969. follows: [F.R. Doc. 69-4408; Filed, Apr. 15, 1969; Upon further consideration of Service 8:45 a.m.] Order No. 1004 (33 F.R. 12660, 34 F.R. § 97.37 General eligibility for station 11) and good cause appearing therefor; license. I t is ordered, that; A license for an amateur station will Section 1033.1004 Service Order No. be issued in response to proper applica­ Title 49— TRANSPORTATION 1004 (Harriman & Northeastern Rail­ tion therefor to a licensed amateur road Co. authorized to operate over cer­ operator for use at a designated fixed Chapter X— Interstate Commerce Commission tain trackage abandoned by the Tennes­ location. An amateur station license may see Central Railway Co.) be, and it is also be issued to an individual, not a SUBCHAPTER A — GENERAL RULES AND hereby, vacated and set aside. licensed amateur operator (other than REGULATIONS (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, an alien or a representative of an alien [Corrected S.0.1003-A] 384, as amended; 49 U.S.C. 1, 12, 15, and 17 or of a foreign government), who is in (2). Interprets or applies secs. 1(10-17), 15 charge of a proposed amateur station for PART 1033— CAR SERVICE (4), and 17(2), 40 Stat. 101, as amended 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and recreation under military auspices (only Illinois Central Railroad Co. Author­ 17(2)) of the Armed Forces of the United ized To Operate Over Certain States) which is to be located in ap­ I t is further ordered, That this order Trackage Abandoned by Tennessee shall become effective at 12:01 a.m., proved public quarters but not operated Central Railway Co. April 12, 1969; that copies of this order by the U.S. Government. At a session of the Interstate Com­ and direction shall be served upon the [Ph. Doc. 69-4465; Filed, Apr. 15, 1969; merce Commission, Railroad Service Association of American Railroads, Car 8:50 a.m.] Board, held in Washington, D.C., on the Service Division, as agent of the rail­ 10th day of April 1969. roads subscribing to the car service and per diem agreement under the terms of resultmmiSS*031er ^°^nson concurring in the Upon further consideration of Cor­ rected Service Order No. 1003 (33 F.R. that agreement; and that notice of the

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL W , 1969 6530 RULES AND REGULATIONS order shall be given to the general public tice and public procedure are imprac­ graph, nor held empty more than 24 by depositing a copy in the Office of the ticable and contrary to the public inter­ hours awaiting placement for loading. Secretary of the Commission at Wash­ est, and that good cause exists for (5) No common carrier by railroad ington, D.C., and by filing it with the making this order effective upon less than subject to the Interstate Commerce Act Director, Office of the Federal Register. 30 days’ notice. shall accept from shipper any loaded By the Commission, Railroad Service I t is ordered, That; boxcar for movements contrary to the Board. § 1033.1020 Distribution of boxcars. provisions of subparagraphs (2) and (3) of this paragraph. [ s e a l ] H . N e il G a r so n , (a) Each common carrier by railroad (b) Application: The provisions of Secretary. subject to the Interstate Commerce Act this order shall apply to intrastate, in­ [F.R. Doc. 69-4436; Filed, Apr. 15, 1969; shall observe, enforce, and obey the fol­ terstate and foreign commerce. lowing rules, regulations, and practices 8:47 a.m.] (c) Effective date: This order shall with respect to its car service: become effective at 11:59 p.m., April 12, (1) Withdraw from distribution and 1969. [2d Rev. S.O. 1020] return to owners empty, except as other­ wise provided in subparagraphs (2) or (d) Expiration date: This order shall PART 1033— CAR SERVICE (3) of this paragraph, all piain boxcars expire at 11:59 p.m., May 31, 1969, un­ Distribution of Boxcars which are listed in the Official Railway less otherwise modified, changed, or sus­ Equipment Register; ICC R.E.R. 370, pended by order of this Commission. At a session of the Interstate Com­ issued by E. J. McFarland, or reissues (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, merce Commission, Railroad Service thereof, as having mechanical designa­ 384, as amended; 49 U.S.C. 1, 12, 15, and Board, held at its office in Washington, tion XM, with inside length of 50 feet 17(2). Interprets or applies secs. 1 (10-17), D.C., on the 9th day of April 1969. or longer, or with inside length 40 feet 15(4), and 17(2), 40 Stat. 101, as amended It appearing, that an acute shortage of 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and or longer and with side-door openings 8 17(2)) plain boxcars with inside length of 50 feet wide or wider, or equipped with plug feet or longer and boxcars with inside doors regardless of length.. It is further ordered, That a copy of length of 40 feet or longer with side-door (2) Boxcars described in subpara­ the order and direction shall be served openings of 8 feet or wider exists graph (1) of this paragraph available upon the Association of American Rail­ throughout the United States; that ship­ empty at a station other than a junc­ roads, Car Service Division, as agent of pers located on lines of carriers owning tion with the owner may be loaded to all railroads subscribing to the car serv­ a substantial number of these type cars stations on or via the owner, or to any ice and per diem agreement under the are being deprived of such cars required station which is closer to the owner than terms of that agreement; and that no­ for loading, resulting in a very severe the point where loaded. tice of this order be given to the general emergency thus creating a great eco­ (3) Boxcars described in subpara­ public by depositing a copy in the Office nomic loss; that present rules, regula­ graph (1) of this paragraph available of the Secretary of the Commission at tions and practices with respect to the empty at a junction with the owner must Washington, D.C., and by filing it with use, supply, control, movement, distribu­ be delivered to the owner at that junc­ the Director, Office of the Federal tion, exchange, interchange and return tion, either loaded or empty. Register. of such boxcars owned by these railroads (4) Boxcars described in subpara­ By the Commission, Railroad Service are ineffective. It is the opinion of the graph (1) of this paragraph must not Board. Commission that an emergency exists be back-hauled empty, except from requiring immediate action to promote cleaning or repair facilities,, or normal [ s e a l ] H. N e il G arson, car service in the interest of the public car distribution points, for the purpose Secretary. and the commerce of the people. Ac­ of obtaining a load as authorized in sub- [F.R. Doc. 69-4438; Filed, Apr. 15, 1969; cordingly, the Commission finds that no- paragraphs (2) and (3) of this para­ 8:48 a.m.]

FEDERAL REGISTER, VOL. 34, N O . 72— WEDNESDAY, APRIL 16, 1969 6531 Proposed Rule Making

sented at the hearings and the records likewise supported a merger of the DEPARTMENT OF AGRICULTURE thereof : Clarksburg and Eastern Ohio-Western 1. Merger of orders. The Eastern Ohio-Pennsylvania orders. Only the handler Consumer and Marketing Service Western Pennsylvania and Clarksburg proposing the merger of the Clarksburg orders should be merged and continued and Tri-State orders testified in support 17 CFR Parts 1005, 1009, 1036 1 as the Eastern Ohio-Western Pennsyl­ of his proposal. Other handlers and pro­ [Dockets Nos. AO-177-A34-R01, AO-268-A17, vania order. Regulation of the marketing ducers in the Clarksburg market took no AO-179—A31] areas of these two orders under a single position at the hearing on the merger MILK IN TRI-STATE, CLARKSBURG, order is the most appropriate means of proposals. effectuating the intent of the Act. A W. VA., AND EASTERN OHIO- Historically, the Clarksburg market has single order for the merged area will pro­ been one of the smallest of the-Federal WESTERN PENNSYLVANIA MAR­ vide a regulatory program for milk mar­ order markets. In October 1967, 268 pro­ KETING AREAS keting consistent with current market­ ducers delivered 7.2 million pounds of ing conditions and practices. Except Decision on Proposed Amendments milk to Clarksburg pool plants. In the for the changes proposed by this de­ fall of 1968, this volume was reduced to Tentative Marketing Agree­ cision, the provisions of the Eastern substantially by the closing of a Clarks­ ments and to Orders Ohio-Western Pennsylvania order are burg order plant and the shifting of the Pursuant to the provisions of the Agri­ appropriate for the proposed enlarged producers supplying it out of the market. marketing area. cultural Marketing Agreement Act of Deliveries from the remaining 159 pro­ 1937, as amended (7 U.S.C. 601 et seq.), The present Eastern Ohio-Western ducers in October 1968 totaled 5.2 million and the applicable rules of practice and. Pennsylvania marketing area includes pounds. Under the Eastern Ohio-West­ procedure governing the formulation of territory in 38 counties: 20 in Ohio, 14 ern Pennsylvania order, 10,420 producers marketing agreements and marketing or­ in Pennsylvania and four in West Vir­ delivered 258 million pounds of milk to ders (7 CFR Part 900), a public hearing ginia. The order including the present pool plants in October 1968. was held at Clarksburg, W. Va., on De­ marketing area became effective July 1, The Clarksburg plant closing resulted cember 10, 1968, pursuant to notices 1968. It resulted from the merging of the from the consolidation of plant opera­ thereof which were issued on Septem­ previously existing Wheeling, Youngs- tions by the handler proposing a merger ber 19, September 27, October 4, Octo­ town-Warren, and Northeastern Ohio of the Clarksburg and Tri-State orders. ber 22, November 6, and November 18, orders and the adding to the marketing This handler closed plants regulated un­ 1968 (33 F.R. 14414, 14784, 15069, 15805, areas of these orders territory in 14 coun­ der the Clarksburg, Eastern Ohio-West­ 16451, 17314). This hearing reopened a ties in Pennsylvania and seven counties ern Pennsylvania, and Tri-State orders public hearing which was held at in Ohio. and transferred the processing opera­ Charleston,' W. Va., on August 27 and 28, The Clarksburg marketing area, which tions to a new plant at Coshocton, Ohio. 1968, pursuant to notice thereof issued is contiguous to the southern border of Sales in the Clarksburg'market that were on August 7,1968 (33 F.R. 11409). the Pennsylvania portion of the Eastern made from the handler’s Clarksburg Upon the basis of the evidence intro­ Ohio-Western Pennsylvania marketing plant now emanate from the Coshocton duced at the hearings and the record area, includes territory in nine West Vir­ plant, which is regulated under the Tri- thereof, the Deputy Administrator, Reg­ ginia counties. State order. In August 1968, the month ulatory Programs, on March 5, 1969 (34- Combining the Clarksburg and Eastern preceding the plant closing, the handler’s F.R. 5013; F.R. Doc. 69-2865) filed with Ohio-Western Pennsylvania orders into Class I sales from his Clarksburg plant the Hearing Clerk, U.S. Department of a single order was proposed by Dairy­ totaled 1.8 million pounds, one-third of Agriculture, his recommended decision men’s Cooperative Sales Association the Class I sales that month by all containing notice of the opportunity to (D CSA), which represents about 70 per­ Clarksburg order handlers. file written exceptions thereto. cent of the 159 producers who supplied Following the plant closing, DCSA The material issues, findings and con­ the five Clarksburg order pool plants in shifted 92 producer-members from the clusions, rulings, and general findings of October 1968. Another proposal at the Clarksburg market to the Eastern Ohio- the recommended decision (34 F.R. 5013; hearing would merge the Clarksburg Western Pennsylvania market. Because F.R. Doc. 69-2865) are hereby approved order with the Tri-State order instead of the distance of their farms from and adopted and are set forth in full of with the Eastern Ohio-Western Coshocton, it was not economically prac­ herein: Pennsylvania order. The latter proposal tical for these producers to supply the The material issues on the record of was made by a handler whose plant is Coshocton plant. The removal of this the hearings relate to : pooled under the Tri-State order but milk supply from the Clarksburg market , T Merging the Clarksburg order with from which plant Class I milk is also dis­ was necessary since presently regulated the Eastern Ohio-Western Pennsylvania tributed in the Clarksburg and Eastern handlers in the market are not equipped order or the Tri-State order; Ohio-Western Pennsylvania marketing to handle any significant volume of sur­ 2. Modification of the Class I I price areas. plus milk. provisions of the Clarksburg and Eastern ’ DCSA is one of the principal producer associations in the Eastern Ohio-West­ Maintaining a separate order for the unio-Western Pennsylvania orders; and present Clarksburg market will no longer 3. With respect to the Tri-State order: ern Pennsylvania and Tri-State mar­ kets. The only other producer organiza­ assure stable and orderly marketing con­ Expansion of the marketing area; ditions for the remaining producers on (b) Diversion of milk to other order tion in the Tri-State market to indicate Plants; its position on the proposals supported the market. Because of the relatively small volume of milk now being sold rÜï Eli.mtnation of pricing districts; the merger of the Clarksburg and East­ ern Ohio-Western Pennsylvania orders. by handlers regulated under the Clarks­ (a .) Elimination of supply-demand burg order, a major loss of Class I sales adjustor; This merger was also supported at the hearing by a Clarksburg order handler by them to handlers in other areas could . (e) Price for milk used in cottage reduce substantially the returns to cheese; and who also operates a pool plant under the Eastern Ohio-Western Pennsylvania Clarksburg producers. Only the removal If? Revision of location adjustments, order and one under the Tri-State order. of a large portion of the milk supply i n f and conclusions. The follow- Two other Tri-State order handlers, a from the market averted a substantial terioi11’ ngs ant* conclusions on the ma- Clarksburg handler, and an Eastern reduction in the uniform price when the issues are based on evidence pre­ Ohio-Western Pennsylvania handler aforementioned Clarksburg plant closed.

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 6532 PROPOSED RULE MAKING

In recent years, Clarksburg pool plants market, assumes the responsibility of States has with Pennsylvania, favored have lost several major Class I outlets marketing the milk of its members in the adoption of his proposal. in the Clarksburg market to other order these adjoining markets. The merger of The record does not show that it would plants. The sales shift resulting from the these two orders will facilitate the per­ be more practical to merge Clarksburg Tri-State handler’s plant consolidation formance of this function by the with Tri-State than with the East­ was but the most recent, although per­ cooperative. ern Ohio-Western Pennsylvania order. haps most significant, of these losses. The economic impact of the recent loss The fact that most of the other order The trend toward consolidation of plant of Class I sales by Clarksburg producers sales in the Clarksburg market ema­ operations in large, centrally located was borne entirely by DCSA. By remov­ nate from the Tri-State market is not plants may very well have a further im­ ing a portion of the total producer sup­ a compelling reason for a Tri-State- pact on the Clarksburg market. The ply from the market, and thereby pre­ Clarksburg merger. The interests of spokesman for a multiple-plant operator venting a lower market utilization, re­ producers who are supplying the with pool plants under all three of the turns to the remaining producers on the Clarksburg market must be considered a orders under consideration at the hear­ market were not affected by the substan­ primary factor under the prevailing ing testified that the handler is con­ tial loss of Class I sales. Producers on the marketing conditions. Such interests structing a plant in southwestern market who are not members of DCSA have already been described. Pennsylvania to replace his Eastern thus benefited significantly from the co­ A merger of the Tri-State and Clarks- Ohio-Western Pennsylvania pool plant at operative’s action. In redirecting this ,burg orders is not essential to establish­ Pittsburgh. This new plant is so situated milk supply of its members from the ing a satisfactory price alignment be­ geographically that it could also replace Clarksburg market to the Eastern Ohio- tween these regulated areas. The pro­ the handler’s Clarksburg plant as a sup­ Western Pennsylvania market, DCSA is posed order changes described elsewhere plier of Class I products for the Clarks­ incurring additional hauling costs— 10 in this decision will contribute to achiev­ burg area. cents or more per hundredweight— which ing an alignment of prices between the When the Clarksburg order was issued are being shared by all members of the Tri-State market and the proposed ex­ in 1955, the regulated area was dis­ cooperative. panded Eastern Ohio-Western Pennsyl­ tinguishable as a separate market for a With the recent transfer of 92 pro­ vania market. particular group of handlers and pro­ ducers from Clarksburg to Eastern Ohio- The proponent handler did not show ducers. Changes in recent years affecting Western Pennsylvania order pool plants, how he, other handlers, or producers in distribution practices have resulted in a the Eastern Ohio-Western Pennsylvania the Clarksburg and Tri-State markets significant expansion of the procurement order is carrying, in effect, the surplus would be adversely affected by merging and distribution areas not only of Clarks­ for the Clarksburg market. Moreover, the Clarksburg order with the Eastern burg order pool plant operators but also Clarksburg handlers tend to rely on this Ohio-Western Pennsylvania order rather of the various other plant operators who larger adjacent market when supple­ than the Tri-State order. Although a are suppliers or potential suppliers of mental suppliés of Class I milk are substantial amount of proponent’s Class milk for the Clarksburg market. Better needed. I sales is made in the Clarksburg mar­ highways, improved transportation and While there is some variation in the in­ keting area, the handler indicated that refrigeration facilities, and the greater spection standards between the Clarks­ his plant would continue to be regulated use of single service containers have burg marketing area and some juris­ under the Tri-State order whether made it feasible to move packaged milk dictions in the present Eastern Ohio- Clarksburg was merged with that order over long distances. Hence, Clarksburg Western Pennsylvania marketing area, or the Eastern Ohio-Western Pennsyl­ order handlers have extended their dis­ there are apparently no practical limita­ vania order. Hence, the milk received at tribution routes to other areas and tions on the movement of milk through­ his plant would continue to be priced handlers under other orders have ex­ out the proposed merged area. The States and pooled under the Tri-State order. tended their distribution routes into the of Ohio and West Virginia reciprocate on As indicated above, the intent of the marketing area of the Clarksburg order. health approvals. The State of Pennsyl­ Act would best be served by merging The potential sales outlets in the various vania and the Pennsylvania county of Clarksburg with the Eastern Ohio-West­ populated centers, .and particularly the Allegheny, which utilize different inspec­ ern Pennsylvania order. Accordingly, the increasingly important supermarket tion standards, have no reciprocity ar­ alternative proposal, to merge Clarks­ business, have encouraged the distribu­ rangements on inspection requirements burg with the Tri-State order, is denied. tion by handlers over larger geographical with Ohio and West Virginia. However, Class I price and location differentials. areas. many producers and handlers outside The territory presently included in the There is a significant overlapping of Pennsylvania have Allegheny County Clarksburg order should be included in the sales areas of Clarksburg order han­ and/or Pennsylvania health permits. In the Pittsburgh pricing district of the dlers with handlers under other orders. fact, some handlers operating in the Eastern Ohio-Western Pennsylvania About 40 percent of the Class I distribu­ present Clarksburg market have health order. tion in the Clarksburg area Is priced un­ permits for these jurisdictions. It must Class I prices under the Eastern O h io- der other orders. Milk from Clarksburg be concluded that the health require­ Western Pennsylvania order are estab­ order plants is distributed in the Tri- ments throughout the proposed market­ lished for two districts, “Pittsburgh” and State market and in the West Virginia ing area are not so different as to be an “ Cleveland-Erie” . The Pittsburgh dis­ and Pennsylvania portions of the East­ impeding factor in the merging of the trict includes all territory in the m a rk et­ ern Ohio-Western Pennsylvania mar­ Clarksburg and Eastern Ohio-Western ing area within „80 miles of Pittsburgh; keting area. Likewise, there is distribu­ Pennsylvania orders. the Cleveland-Erie district includes the tion in the Clarksburg market from The proposal to merge the Clarksburg remaining territory in the m a rk e tin g plants regulated under the Eastern Ohio- order with the Tri-State order instead area. The Pittsburgh district Class I Western Pennsylvania, Tri-State, and of with the Eastern Ohio-Western Penn­ price, which is 10 cents more than the Cincinnati orders. sylvania order was supported by only the Cleveland-Erie district Class I p rice, is Merging the Clarksburg order with the proponent handler. This handler con­ computed by adding $1.97 to the basic Eastern Ohio-Western Pennsylvania or­ tended that his proposal should be formula price; it has been $6.30 eacn der, rather than with the Tri-State or­ adopted since the major portion of the month since the Eastern Ohio-Western der, will result in the more practical Class I sales from other order plants in Pennsylvania order became effe ctive regulatory scheme for the majority of the the Clarksburg marketing area are from Ju lyl, 1968. _ producers now on the Clarksburg market. Tri-State order pool plants. Moreover, The cooperative proposing the merger As indicated, about 70 percent of these the handler claimed, such a merger is of the Eastern Ohio-Western Pennsyl­ producers are members of DCSA, the necessary to insure the alignment of vania and Clarksburg orders proposed proponent of the Clarksburg-Eastern Class I prices between the Tri-State and that the Class I price at plants in tne Ohio-Western Pennsylvania merger. Clarksburg areas. The handler also ar­ present Clarksburg marketing area be i This cooperative, which likewise is a gued that the reciprocity arrangement cents higher than the Pittsburgh district principal producer association in the on inspection standards between Ohio price. Two presently regulated clarK- Eastern Ohio-Western Pennsylvania and West Virginia, which neither of these burg handlers proposed that such pn

FEDERAL REGISTER, VOL. 34, NO. 72— -WEDNESDAY, APRIL 16, 1969 PROPOSED RULE MAKING 6533 be the same as the Pittsburgh district The money paid to the administrative price shall be the basic formula price price. The handler who proposed the expense fund is each handler’s propor­ (Minnesota-Wisconsin manufacturing merger of the Tri-State and Clarksburg tionate share of the cost of administering milk price series). However, the Class II orders proposed that the Clarksburg the order. All handlers currently regu­ price may not exceed a “ snubber” price Class I price be 7 cents above the Tri- lated under the separate orders will con­ which is a butter-powder price plus 10 State order price for the Charleston- tinue to be regulated under the merged cents. Huntington district. This would result in order. Therefore, it is equitable to com­ The butter-powder price now used in a Class I price of $6.15 (after eliminating bine the monies accumulated under the the Eastern Ohio-Western Pennsylvania the effect of the supply-demand adjustor separate funds and to pay any liabili­ order is computed by subtracting 3 cents in the Tri-State order as is provided else­ ties of each of the present funds from from the average wholesale price per where in this decision). the consolidated fund. pound for 92-score butter at Chicago, In 15)68, the Clarksburg order Class I The money accumulated in the mar­ adding 20 percent of the resulting price averaged $6.32,1 ranging from $6.13 keting service funds of the separate or­ amount and multiplying the total by 3.5. (in July and December) to $6.45 (in Jan­ ders is that paid by producers for whom To this is added an amount determined uary and February). The current Pitts­ the market administrator has performed by subtracting 5.5 cents from the average burgh district Class I price of $6.30 that such services as verifying the tests and carlot price per pound for spray process would be applicable for milk received at weights of producer milk and furnishing nonfat dry milk in the Chicago area and plants in the present Clarksburg mar­ market information. The producers who multiplying the result by 8.5 and the new keting area reasonably approximates the have contributed to the marketing serv­ result by 0.965. Class I prices that have prevailed most ice fund of each order are expected to The butter-powder snubber price pro­ recently in Clarksburg. Accordingly, it continue to supply milk for the expanded posed herein is the same as the one that should tend to insure the maintenance of market. The consolidation of the assets became effective on July 1, 1968, under an adequate supply of milk for the in the separate marketing service funds the New York-New Jersey, Massachu- Clarksburg area and an alignment of is therefore appropriate in view of the setts-Rhode Island-New Hampshire, prices between the presently regulated continuation of the marketing service Connecticut, Delaware Valley, Washing­ Clarksburg plants and those under other program for these producers under the ton, D.C., and Upper Chesapeake Bay Federal orders. merged order. orders. This snubber, which is based on Five cities (Canton and Cleveland, The producer-settlement funds under the same market values for butter and Ohio; and Erie, Pittsburgh, and Union- the present Eastern Ohio-Western Penn­ nonfat dry milk described above, is com­ town, Pa.) are measuring points for de­ sylvania and Clarksburg orders facilitate puted by subtracting 48 cents from the termining location adjustments and the payment by handlers for milk re­ sum of the butter price times 4.2 and the whether the Pittsburgh district or Cleve- ceived from producers. A handler whose powder price times 8.2. land-Erie district Class I price shall ap­ obligation for producer milk received The proposed butter-powder snubber ply at plants located outside the Eastern during the month is greater than the price runs a fraction of a cent under Ohio-Western Pennsylvania marketing amount he is required to pay producers the butter-powder snubber price now area. For milk received at a plant out­ at the applicable uniform price pays the used in the Eastern Ohio-Western Penn­ side the marketing area, the Class I price difference into the producer-settlement sylvania order. For the 24-month period is the price applicable at the nearest fund. Each handier whose obligation for ending with November 1968, the maxi­ measuring point. Location differentials producer milk is less than the applicable mum price difference was 0.34 of 1 cent. are applicable for milk received at plants uniform price receives payment of the During this 2-year period, the butter- outside the marketing area and 85 miles difference from the fund. For the efficient powder snubber price was the effective or more from the nearest measuring functioning of the fund, a reasonable re­ Class I I price under the Eastern Ohio- point. serve is set aside at the end of each Western Pennsylvania order (formerly month. the Northeastern Ohio order prior to The above five cities were selected be­ July 1, 1968) in 21 months. In the other cause they are so situated geographically The producer-settlement fund bal­ 3 months, the snubber price was equal in relation to the supplies for the market ances in the two orders should be com­ to the Minnesota-Wisconsin price. Over to serve most equitably as representative bined so that the producer-settlement the 2-year period, the proposed butter- measuring points for determining Class fund under the merged order may be powder snubber would have changed the I prices and location adjustments at continued without disruption. It would Class I I price under the order in only 3 Plants outside the marketing area. Un­ be impractical to distribute the existing months, reducing the price in each case der the merged order, Clarksburg is sim­ producer-settlement fund reserves to by 1 cent. ilarly so situated and should be added producers and to accumulate anew the The minor variations in the butter- as a measuring point for the purposes required reserve for the merged order. stated. powder price formulas now in use in the The producers currently supplying the Eastern Ohio-Western Pennsylvania and Merger of administrative expense, two separate markets are expected to Northeastern orders can result from time 'marketing service, and producer-settle­ continue to supply milk for the expanded to time in the price snubbers not having ment funds. To accomplish the merger Eastern Ohio-Western Pennsylvania the same pricing effect under each order. of the Eastern Ohio-Western Pennsyl­ market. Thus, moneys now in the sepa­ Adoption of the price formula proposed vania and Clarksburg orders effectively rate producer-settlement funds would be herein will result in the price snubbers and equitably, the assets in the adminis­ reflected in the uniform prices of the having a uniform pricing effect on the trative expense and marketing service producers whose money will be in the Class II prices under these orders. funds which have accrued under the sep- merged fund reserves. These combined 3. Amendments to Tri-State order— rate orders should be combined. Simi- funds would also serve the function of a (a) Expansion of the marketing area. contingency fund from which money ar procedure should be carried out with The proposals to add Rowan and Carter spect to the producer-settlement fund would be available for obligations (result­ Counties, Ky., and Greenbrier County, ing from audit adjustments and other­ , Any liabilities of such funds W. Va., to the marketing area are denied. wise) for which one or the other of the « er the individual orders should be No testimony was presented on the separate funds was responsible. nj , from the new funds so created, proposal in the notice of hearing to add m»?« * obligations which are due and 2. Class II price under the EasternPocahontas County, W. Va., to the mar­ *2 ^he funds under the separate Ohio-Western Pennsylvania order. The keting area. Accordingly, no action is sh,ould remain and be paid to the butter-powder price formula used in taken on it. oined funds under the merged order. computing the Class n price under the The proposal to include the Kentucky Eastern Ohio-Western Pennsylvania or­ counties of Rowan and Carter in the der should be changed to conform with ¿ , 2 » notice is taken of the market ad- marketing area was made by two Tri- the butter-powder price formula used f S price announcements for th< State handlers. However, at the hear­ svlvanio _anc* Eastern Ohio-Western Penn- in other orders. ing no regulated handlers or the pro­ ber anrt J?r(iers "that were issued for Novem- The Eastern Ohio-Western Pennsyl­ ducers supplying them testified on the er and December 1968. vania order provides that the Class II proposal. A cooperative that supplies an

No. 72- FEDERAL REGISTER, VOL. 34, N O .,72— WEDNESDAY, APRIL 16, 1969 6534 PROPOSED RULE MAKING

unregulated distributing plant at More- months, when supplies are in excess o f Tri-State order pool plants are among head in Rowan County supported the his needs, the distributor returns to his those on whom the market depends for proposal. This distributor, who would producers approximately the Tri-State supplying the market’s Class I needs on become regulated under the order if the Class I butterfat value for the surplus. a regular and continuing basis. It would proposal were adopted, opposed adding The skim milk portion of such surplus be inappropriate, therefore, to pool such the two counties to the marketing area. milk is dumped and the butterfat portion diverted milk as Class in (or its equiva­ The Morehead distributor contracts is used in the production of ice cream lent) in the other order market. More­ annually with an eastern Kentucky co­ and butter. The distributor testified that over, if provision were not made for clas­ operative for the entire supply of its 38 in May and June 1968 about 13 percent sifying in a manufacturing class under members. The present contract provides of his farm supply was so disposed of. this order milk diverted to an other order for the payment for such milk at a price The hearing evidence does not sub­ plant, there would be a reluctance on the approximating the Tri-State order uni­ stantiate proponent’s claim that the part of other order plants to receive such form price for the Charleston-Hunting- Ronceverte distributor has a buying ad­ diverted milk that would reduce the re­ ton district. The distributor assumes the vantage on milk used for Class I. There­ turns to their regular producers. burden of disposing of the seasonal sur­ fore, it cannot be concluded from this (c) Elimination of pricing districts. plus of his dairy farmers’ deliveries and record that adding Greenbrier County to The order should continue to provide for of acquiring supplemental milk, which the marketing area is necessary for the Class I price differentials of $1.55 for he obtains from the Louisville-Lexing- maintenance of orderly marketing con­ the Charleston-Huntington district and ton-Evansville Federal order market. ditions for the Tri-State handlers and $1.47 for the Athens-Scioto district. Pres­ The unregulated distributor sells milk producers. ently, the Class I price for each district in about 15 Kentucky counties, including (b) Diversion of milk to other orderis the basic formula price for the pre­ Carter and Rowan, that are not a part plants. Handlers should be permitted to ceding month plus the fixed Class I differ­ of any Federal order marketing area. divert producer milk to other order plants ential for that district, and plus an addi­ There is virtually no other evidence on for manufacturing purposes. Milk now tional 20 cents. Such prices are subject the record, however, concerning his dis­ moved from the farms of Tri-State to a supply-demand? adjustment, which tribution and that of handlers with producers to other order plants does not is proposed elsewhere in this decision to whom he competes. Although Tri-State qualify as producer milk under the Tri- be deleted from the order. handlers have sales in Rowan and Carter State order. Two cooperatives and several handlers Counties, there is no indication of the Producers proposed that the order be in the Charleston-Huntington district proportion of regulated and unregulated revised to permit diversions to other or­ proposed that the present pricing dis­ sales in these areas or if such counties der plants. They contend that, because tricts be eliminated and that a single are a significant part of the sales areas of changed conditions in the market, Class I price be applicable throughout of regulated handlers or of the More- such a provision in the order is neces­ the marketing area. A Class I price dif­ head distributor. sary to insure the orderly marketing of ferential of $1.55 for the market was In view of the limited evidence in this producer milk. There was no opposition generally supported. However, the major record concerning the distribution of to the proposal at the hearing. emphasis by proponents was not on the milk in Carter and Rowan Counties, the In September 1968, a Tri-State han­ level of price but rather on the need for two counties should not be included in dler closed his Athens, Ohio, distribut­ a single Class I price throughout the the Tri-State marketing area at this ing plant and began processing milk at a market. time. Reconsideration of this matter may new plant at Coshocton, Ohio, about 90 The testimony by proponents was es­ be warranted on the basis of evidence de­ miles north of Athens. The operator also sentially a reiteration of their position veloped at a later hearing. closed at about the same time plants on this same issue at the August 1967 The addition of Greenbrier County to regulated under the Clarksburg and hearing from which the present price the marketing area was proposed by a Eastern Ohio-Western Pennsylvania or­ structure resulted. They claim now, as regulated handler at Beckley, W. Va„ ders, The sales areas that were served by then, that the existence of more than who has 7 percent of his Class I sales in the now closed plants are being served one pricing district in the market is caus­ this county. The handler claimed that he from the Coshocton plant, which is regu­ ing handlers in the higher-price Charles­ is disadvantaged on such sales since the lated under the Tri-State order. ton-Huntington district to lose Class I principal unregulated distributor in the Milk is received at the Coshocton plant sales to handlers in the lower-price county is able to obtain milk supplies at from over 400 producers. When milk as­ Athens-Scioto district. The cooperatives prices lower than those provided in the signed to the Coshocton plant by the indicated that if this situation continues order. various cooperatives supplying it is not the decreased demand by Charleston- Of the total fluid milk sales In Green­ needed by the handler, it must be moved Huntington handlers for Class I milk will brier County, 47 percent are by four Tri- to other plants for manufacturing pur­ require producers to move milk to more State handlers. Another 16 percent of poses. A plant, suitably located for this distant outlets at a greater hauling cost. the sales are by handlers regulated un­ purpose is a plant at Orrville, Ohio, a Proponents also argued that a single der the Cincinnati and Appalachian Fed­ pool plant under the Eastern Ohio- Class I price for the market would place eral orders. The remaining 37 percent of Western Pennsylvania order. Charleston-Huntington handlers in a the sales are unregulated. Most of these The most desirable outlet for unneeded more favorable competitive position for are by a distributor at Ronceverte in supplies at Tri-State order pool plants Class I sales and thereby maintain Class Greenbrier County. This distributor also may often be other order plants. Pro­ I o u t le t s in the Charleston-Huntington has fluid sales in the West Virginia viding for the diversion of producer milk district for producer supplies that have counties of Monroe, Pocahontas, Nicho­ to other order plants, such as the Orrville historically moved to that district. las, and Summers, none of which is in plant, for manufacturing purposes will Three Athens-Scioto district handlers the marketing area of a Federal order. contribute to orderly marketing by facili­ and a cooperative from which they ob­ The record does not show what propor­ tating the movement of such unneeded tain milk opposed the elimination of the tion of the distributor’s sales are in supplies. However, such diversion should pricing districts. Opponents contenaea Greenbrier County or in the other be permitted only if a Class i n classifi­ that more time is needed to evaluate tne counties. cation (or its equivalent under the other appropriateness of the present pncmg The Ronceverte distributor receives order) is designated for the diverted milk arrangement. Also, handlers argued tna milk from 15 dairy farmers. Several of pursuant to the other order. This will the present 8-cent price difference be­ these farmers testified in opposition to tend to insure the integrity of regula­ tween districts, or perhaps even a Steal the inclusion of Greenbrier County in tion under both orders. amount, is needed to cover the cost; the marketing area. None appeared at Unless milk is diverted to an other moving packaged milk from the A th en s- the hearing in support of the proposal. order plant for manufacturing purposes, Scioto district to the population centers The distributor pays in most months its eligibility to be included under a in the Charleston-Huntington district. approximately the Charleston-Hunting- Federal order should be determined at Prior to March 1, 1968, the order P ton district Class I price for his total the other order plant where received. vided for three pricing districts w farm supply. In the flush production Producers whose milk is diverted from Class I differentials of $1-60 for tne

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 PROPOSED RULE MAKING 6535

Charleston-Huntington district, $1.50 f o r $6.25 in the Athens-Scioto district. For though the record does not indicate the the Gallipolis-Scioto district, and $1.40 the most recent 6 months, July through present sources, cottage cheese sales in for the Athens district. On the basis of December 1968, premium prices have the Tri-State market by handlers in the August 1967 hearing, the latter two been more than order prices by an aver­ these other markets may be expected to pricing districts were combined effec­ age of 36 cents per hundredweight. Dur­ emanate from such cities. tive March 1, 1968, and designated the ing this period the supply-demand ad­ Considerable distances are involved in Athens-Scioto district with a Class I justments averaged minus 11 cents per moving cottage cheese from Cincinnati, differential of $1.47. T h e C la s s I d i f f e r ­ hundredweight. Premiums are thus ne­ Columbus, and Pittsburgh to the Tri- ential for the Charleston-Huntington gating any effect of the supply-demand State market. The distance from Cin­ cinnati to Portsmouth, Ohio, is 100 miles. d is tric t w a s r e d u c e d t o $1.55. adjustor. Columbus is 89 miles from Portsmouth This record does not show any mar­ (e) Price for milk used in cottage cheese. Producer milk used in the manu­ and 77 miles from Athens, Ohio. Pitts­ keting developm ent since the adoption of burgh is 131 miles from Marietta, Ohio. the present pricing arrangement that facture of cottage cheese should continue to be priced at the present Class II price, Huntington and Charleston, W. Va., are would necessitate a further change in even more distant from these cities in the price structure for the m arket at this which is the basic formula price (Minne­ sota-Wisconsin price series) for the the other markets. The cost of transport­ time. Although it was contended that the ing cottage cheese from the distant areas present pricing arrangement is causing month plus 15 cents. This price level be­ Charleston-Huntington handlers to lose came effective under the Tri-State order to outlets in the Tri-State market thus would be expected to negate the 1.3-cent C lass I sales, handlers in this district on March 1, 1968, when the priee for cost advantage per pound of curd which have not experienced any significant loss milk used in cottage cheese ;was increased handlers in the nearby markets have over o f C las s I sales since the realignm ent of 15 cents per hundredweight. Tri-State handlers on the cost of skim prices in the m arket. Several Tri-State handlers proposed milk. that the March 1, 15-cent price increase The marketing situation presented by As at the time the present Class I I for cottage cheese milk no longer apply. proponents at this hearing relative to the price was adopted, local producers still price issue is in many ways similar to They contend that the higher price places them at-a disadvantage competitively in represent the cheapest source of cottage the prevailing situation at the time of cheese milk for Tri-State handlers. Un­ their market with handlers in the nearby the August 1967 hearing. Such market­ graded fresh skim milk delivered from a ing conditions were fully considered in federally regulated Cincinnati, Colum­ manufacturing plant to any plant in the arriving at the pricing amendments that bus, and Eastern Ohio-Western Pennsyl­ Tri-State market was quoted at $2.40 per became effective M arch 1. Any different vania markets who sell cottage cheese hundredweight, 69 cents more than the pricing arrangement at this time does in the Tri-State area. Several Tri-State handlers indicated that since the March 1 average cost of $1.71 per hundredweight not appear warranted. For these reasons, for producer skim milk. Dry curd could the proposals for a single Class I p r ic e price increase they have experienced a be obtained from a Columbus source at 19 for the m arket are denied. decrease in cottage cheese sales. cents per pound, plus transportation, The (d) Elimination of supply-demand ad­ Milk used by Tri-State handlers in cost for local producer milk at Tri-State justor. The supply-demand adjustor pro­ making cottage cheese averaged 2.59 mil­ plants recently averaged 11.4 cents per visions should be deleted from the order. lion pounds monthly (March through pound of dry curd. The order now provides that the Class October) since the March 1 amendments. Nonfat dry milk, which may be re­ I price shall be adjusted monthly to re­ This is 6 percent less than the 2.76 mil­ constituted for use in cottage cheese flect any change in the supply of milk lion pounds of milk used in cottage production, likewise costs more on a skim in the market relative to fluid milk sales. cheese in the same 1967 period. Whether equivalent basis than producer skim milk. When milk supplies are more than ade­ this decrease in cottage cheese produc­ Non-Grade A and Grade A powder were quate in relation to Class I sales, the tion is attributable to the higher price quoted at 23.75 cents and 25.5 cents per Class I price is lowered. Conversely, when for cottage cheese milk cannot be deter­ pound, respectively, f.o.b. the market. supplies are less than adequate relative mined from the record. However, the With a yield of 8.5 pounds of nonfat dry to sales, the Class I price is increased. claim by Tri-State handlers that the milk per hundredweight of skim milk, The supply-demand adjustments were present Class I I price is placing them at the cost o f nonfat solids in the two grades minus 3 cents for January and Febru­ a competitive disadvantage relative to of powder would be about $2.02 and $2.17 ary 1967 and zero for the remaining 10 nonpool handlers on cottage cheese sales per hundredweight of skim equivalent. months of the year. Such adjustments in in the Tri-State market is not sub­ It is necessary, of course, that producer 1968, all of which reduced the price, stantiated by the record. milk disposed of in manufacturing uses averaged minus 7 cents.2 The major ingredient cost for cottage be priced under the order at a level which The three principal cooperatives in the cheese is that for skim milk. For the 8- results in the orderly marketing of such market advocated the deletion of the month period of March through October milk. Within this concept, the price level supply-demand adjustor. There was no 1968, the present order provisions re­ should be that which will provide the opposition to the proposal at the hearing. sulted in an average Class II skim milk highest possible returns to producers. I f 17ie supply-demand adjustor is not value of $1.71 per hundredweight. This producer milk used in cottage cheese is achieving its intended purpose of adjust- was the average cost to Tri-State han­ priced to handlers at less than the cost mg producers’ returns in response to dlers for producer skim milk used in of alternative supplies of cottage cheese changes in the supply-sales balance in making cottage cheese. The comparable or dairy products used for making cot­ the market. The supply-demand adjustor cost during that time for handlers reg­ tage cheese, producers do not receive the can have a significant influence on pro­ ulated under the Eastern Ohio-Western full market value for their milk. On the ducers’ returns only when the Class I Pennsylvania, Columbus, and Cincinnati other hand, if producer milk used in cot­ Price that is subject to the operation of Federal orders was $1.52 per hundred­ tage cheese is priced higher than the the adjustor is the effective price in the weight.8 Based on a yield of 15 pounds alternative product cost, handlers might market. In the Tri-State market, the of curd per hundredweight of skim milk, be discouraged from using producer milk effective Class I price presently is an the ingredient cost of cottage cheese curd in cottage cheese. over-order, or premium, price. Thus, the for Tri-State handlers was 11.4 cents per The present Class I I price represents a Premium price rather than the supply- pound. The ingredient cost for handlers reasonable return to producers for sup­ demand adjustor is influencing the in the other three markets was io.l plying Grade A milk on a regular basis supply-sales balance in the market. cents per pound of curd. for cottage cheese production. It would Tri-state handlers are paying pre­ Major processing centers in the neigh­ be inappropriate, therefore, to lower the mium Class I prices of $6.33 in the boring markets include the cities of Cin­ Class n price as proposed by handlers. harleston-Huntington district and cinnati, Columbus, and Pittsburgh. Al- (f) Revision of location adjustments. The location adjustment provisions of the order should be changed to reflect min?1?01*1 notice is taken of the market ad- 8 Official notice is taken of the market ad­ Tri.<4+ * r s Price announcements for the ministrator’s price announcements for the current marketing conditions. h„r" ® order that were Issued for Novem- Columbus and Cincinnati orders that were The order now provides for reducing °er and December 1968. issued for March through October 1968. the Class I and uniform prices at plants

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 6536 PROPOSED RULE MAKING

outside the marketing area and more ing milk to the market. Because of its keting under current conditions in the than 45 miles from designated measur­ wide applicability, it will insure a reason­ Tri-State market. ing points by 2 cents for each 10 miles able alignment of prices between this and Rulings on proposed findings and con­ up to 100 miles and 1.5 cents for each other orders at the various locations at clusions. Briefs and proposed findings 10 miles over 100 miles that the plant which handlers under the different or­ and conclusions were filed on behalf of is from the nearest measuring point. The ders compete. certain interested parties. These briefs, measuring points are Ashland, Paints- The Coshocton handler opposed any proposed findings and conclusions and ville, and Pikeville in Kentucky; Athens, change in the location adjustment,provi­ the evidence in the record were con­ Gallipolis, Jackson, Marietta, and Ports­ sions except a reduction in the 2-cent ad­ sidered in making the findings and con­ mouth in Ohio; and Charleston, Hinton, justment rate per 10 miles to 1.5 cents. clusions set forth above. To the extent Huntington, and Williamson in West He claimed that the plant was located that the suggested findings and conclu­ Virginia. in a major production area and that ade­ sions filed by interested parties are in­ The location adjustment provisions quate supplies should be available at the consistent with the findings and con­ should be revised so that no location dif­ price now applicable at the plant. clusions set forth herein, the requests to ferential would apply at a plant within Under the change proposed herein, the make such findings or reach such con­ 100 miles of the designated measuring Class I and uniform prices at Coshocton clusions are denied for the reasons points. At more distant locations, the would be at the same level as such prices previously stated in this decision. Class I and uniform prices should be at Athens. Thus, the handler operat­ General findings. The findings and reduced 15 cents plus an additional 1.5 ing the Coshocton plant would pay the determinations hereinafter set forth are cents for each 10 miles in excess of 110 same Athens-Scioto district Class I price supplementary and in addition to the miles that the plant is from the nearest which he paid at his Athens plant. Simi­ findings and determinations previously measuring point. Coshocton, Ohio, and larly, producers supplying either plant*’ made in connection with the issuance of Bluefield, W. Va., should be designated as would receive the same uniform price. the aforesaid orders and of the previously additional measuring points for deter­ The present order provisions result in a issued amendments thereto; and all of mining location adjustments. Athens, location adjustment at Coshocton of said previous findings and determina­ Ohio, which would serve no purpose be­ minus 16 cents per hundredweight. tions are hereby ratified and affirmed, cause of its geographical location, should except insofar as such findings and no longer be a designated measuring The location differentials proposed herein are appropriate in view of the determinations may be in conflict with point. changed marketing conditions. The Class the findings and determinations set forth The present location differentials do herein. not reflect the current efficiencies in I price that would apply at the Coshoc­ ton plant would be in reasonable align­ (a) The tentative marketing agree­ moving milk long distances. Technologi­ ments and the orders, as hereby proposed cal changes in recent years, such as ment with Class I prices applicable else­ where in the Tri-State market and in to be amended, and all of the terms and larger tank trucks, better refrigeration, conditions thereof, will tend to effecuate and improved roads, have resulted in the other markets. The Coshocton plant competes with handlers in the Columbus the declared policy of the Act; more efficient movement of milk. Such and Eastern Ohio-Western Pennsylvania (b) The parity prices of milk as deter­ efficiency has tended to reduce unit haul­ mined pursuant to section 2 of the Act ing costs for both producers and han­ markets for a substantial quantity of milk. The price level that would result are not reasonable in view of the price dlers. Because of this, milk is being Of feeds, available supplies of feeds, and moved considerable distances by produc­ from the amendments proposed herein is necessary to assure an adequate supply other economic conditions which affect ers from farms to processing plants and of milk for the Coshocton plant. A market supply and demand for milk in by handlers from plants to resale outlets. the marketing areas, and the minimum The location differentials also do not spokesman for the cooperatives supply­ ing the plant indicated that a lower price prices specified in the proposed market­ reflect the recent changes in the supply would not attract an adequate supply of ing agreements and the orders, as hereby and distribution patterns in the Tri- proposed to be amended, are such prices State market resulting from the more ef­ milk or maintain market stability within the procurement area. as will reflect the aforesaid factors, in­ ficient movement of milk. Since these sure a sufficient quantity of pure and differentials were adopted, the one sup­ Designating Coshocton and Bluefield as measuring points for determining lo­ wholesome milk, and be in the public ply plant that had been regulated under interest; and the order for a number of years is no cation adjustments recognizes the in­ longer operating as a supply plant for creasing distances that milk is moved (c) The tentative marketing agree­ Grade A milk. This plant is located at not only from farms to plants and for ments and the orders, as hereby proposed Circleville, Ohio, about 50 miles from distribution from such plants but also to be amended, will regulate the handling Jackson, the nearest measuring point. in diverting producer milk to nonpool of milk in the same manner as, and will As described earlier in this decision a plants. When the milk of producers be applicable only to persons in the re­ Tri-State handler has relocated his proc­ regularly supplying Tri-State handlers is spective classes of industrial and com­ essing facilities at Athens in a new dis­ not needed by them, it must be moved mercial activity specified in, the market­ tributing plant at Coshocton, Ohio. Milk by the producers’ cooperatives to non­ ing agreements upon which hearings is distributed from this plant not only in pool plants for manufacturing purposes. have been held. the Tri-State market but also in several There are a limited number of manu­ Rulings on exceptions. In arriving at neighboring markets. facturing plants in the area to which the findings and conclusions, and the Providing for location adjustment milk may be diverted. A plant at Orrville, regulatory provisions of this decision, credits only at plants 100 miles or more Ohio, approximately 50 miles north of each of the exceptions received was care­ from designated measuring points, as Coshocton, is expected to serve as a plant fully and fully considered in conjunction proposed by producers, recognizes the to which milk will be diverted from the with the record evidence pertaining technological improvements in moving farms of producers supplying plants in thereto. To the extent that the findings milk greater distances in this market. the northern part of the Tri-State mar­ and conclusions, and the regulatory pro­ The 100-mile distance from measuring ket. In the southern part of the market­ visions of this decision are at variance points is a reasonable and appropriate ing area, a manufacturing plant at In ­ with any of the exceptions, such excep­ standard under current conditions as a dependence, Va., about 75 miles from tions are hereby overruled for the reasons minimum distance for establishing loca­ Bluefield, is the nearest available outlet previously stated in this decision. tion adjustments. for diverted milk. Marketing agreements and orders. The 1.5-cent rate proposed herein re­ Adding the above two measuring points Annexed h e r e t o and made a p a r t hereoi flects the cost of moving milk efficiently and enlarging the mileage from the vari­ are four documents entitled respectively, under present conditions in the Tri-State ous measuring points that milk may be “Marketing Agreement Regulating tn market. It is the rate most applicable in diverted without incurring a location Handling of Milk in the E a s te r n O h i- Federal orders throughout the United adjustment, thereby facilitating the Western Pennsylvania M arketing A re a > States and is recognized as an appropri­ diversion of producer milk, will tend to “ Order Amending and Merging the ur* ate and representative rate for transport­ insure the maintenance of orderly mar­ ders Regulating the Handling of M

FEDERAL REGISTER, VOL 34, NO. 72— WEDNESDAY, APRIL 16, 1969 PROPOSED RULE MAKING 6537 in the Eastern Ohio-Western Pennsyl­ Part 900), a public hearing was held the revision of Part 1036 and Part 1036 vania and Clarksburg, W. Va., Marketing upon certain proposed amendments to is hereby amended as follows : Areas”, “Marketing Agreement Regulat­ the; tentative marketing agreements and The provisions of the proposed mar­ ing the Handling of Milk in the Tri-State to the orders regulating the handling of keting agreement and order amending Marketing Area” , and “ Order Amending milk in the Eastern Ohio-Western and merging the Eastern Ohio-Western the Order Regulating the Handling of Pennsylvania and Clarksburg, W. Va., Pennsylvania and Clarksburg, W. Va., Milk in the Tri-State Marketing Area” , marketing areas. Upon the basis of the orders contained in the recommended which have been decided upon as the de­ evidence introduced at such hearing and decision issued by the Deputy Adminis­ tailed and appropriate means of effectu­ the record thereof, it is found that: trator, Regulatory Programs, on March 5, ating the foregoing conclusion^. (1) The Eastern Ohio-Western Penn­ 1969, and published in the F ederal R egister on March 8, 1969 (34 F.R. It is hereby ordered, That all of this sylvania order as hereby amended, and 5013; F.R. Doc. 69-2865), shall be and decision, except the attached marketing all of the terms and conditions thereof, will tend to effectuate the declared policy are the terms and provisions of this agreements, be published in the F ederal of the Act; order and are set forth in full herein: R egister. The regulatory provisions of 1. In § 1036.6, paragraph (c) is revised said marketing agreements are identical (2) The parity prices of milk, as deter­ to read as follows: with those contained in the orders as mined pursuant to section 2 of the Act, hereby proposed to be amended by the are not reasonable in view of the price § 1036.6 Eastern Ohio-Western Penn­ attached orders which will be published of feeds, available supplies of feeds, and sylvania marketing area. with this decision. other economic conditions which affect * * * * * Determination of representative pe­ market supply and demand for milk in (c) In West Virginia: riod. The month of February 1969 is the Eastern Ohio-Western Pennsylvania (1) The following counties in their marketing area, and the minimum prices hereby determined to be the representa­ entirety: specified in the order as hereby amended, tive period for the purpose of ascertain­ Brooke. Marshall. ing whether the issuance of the attached are such prices as will reflect the afore­ said factors, insure a sufficient quantity Hancock. Monongalia. order amending and merging the orders, Harrison. Ohio. as amended, regulating the handling of Of pure and wholesome milk, and be in Marion. milk- in the Eastern Ohio-Western the public interest; (2) Grafton magisterial district in Pennsylvania and Clarksburg, W. Va., (3) The Eastern Ohio-Western marketing areas and of the attached Pennsylvania order as hereby amended, Taylor County; (3) Philippi magisterial district in order amending the order regulating the regulates the handling of milk in the handling of milk in the Tri-State mar­ same manner as, and is applicable only Barbour County; (4) Leadsville magisterial district in keting area, are approved or favored by to persons in the respective classes of producers, as defined under the terms industrial or commercial activity spec­ Randolph County ; (5) The city of Buckhannon in Upshur of the respective Eastern Ohio-Western ified in, a marketing agreement upon Pennsylvania, and Tri-State orders, as which a hearing has been held; County; amended and as hereby proposed to be (4) All milk and milk products (6) The city of Weston in Lewis amended, and who, during such repre­ handled by handlers, as defined in the County; and (7) The town of Kingwood in Preston sentative period, were engaged in the Eastern Ohio-Western Pennsylvania production of milk for sale within the order as hereby amended, are in the County. 2. Section 1036.20 is revised to read as aforesaid marketing areas. current of interstate commerce or di­ follows: Signed at Washington, D.C., on rectly burden, obstruct, or affect inter­ April 10, 1969. state commerce in milk or its products; § 1036.20 Pittsburgh district. and R ich ard E. L y n g , “ Pittsburgh district” means all the ter­ Assistant Secretary. (5) It is hereby found that the neces­ ritory in the marketing area that is sary expense of the market administra­ either within West Virginia or within 80 O rder1 A m e n d in g a n d M e r g in g O rders tor for the maintenance and functioning miles (by the shortest hard-surfaced R e g ulating H a n d l in g o f M i l k i n of such agency will require the payment highway distance as determined by the E astern O h io -W e s t e r n P ennsylvania by each handler, as his pro rata share of market administrator) of the Pittsburgh, and C lar k sbu r g , W . V a ., M a r k e t in g such expense, 3 cents per hundredweight Pa., city hall. A reas or such amount not to exceed 3 cents per 3. Section 1036.51 is revised to read as Findings and determinations. The hundredweight as the Secretary may follows: findings and determinations hereinafter prescribe, with respect to: (i) Producer set forth are supplementary and in addi­ milk (including such handler’s own pro­ § 1036.51 Class prices. tion to the findings and determinations duction) ; (ii) Other source milk allo­ Subject to the provisions of §§ 1036.52 previously made in connection with the cated to Class I pursuant to § 1036.45 and 1036.53, the class prices per hundred­ issuance of the aforesaid orders and of (a) (3) and (7) and the corresponding weight for the month shall be as follows: the previously issued amendments steps of § 1036.45(b); and (Hi) Route (a) Class I price. For each month thereto; and all of said previous findings disposition in the marketing area from through December 1969, the Class I price and determinations are hereby ratified a partially regulated distributing'plant shall be the basic formula price for the and affirmed, except insofar as such find­ that exceeds the hundredweight of Class preceding month plus $1.67 fo r . plants ings and determinations may be in con­ I milk received during the month at in the Cleveland-Erie district and $1.77 flict with the findings and determina­ such plant from pool plants and other for plants in the Pittsburgh district, plus tions set forth herein. order plants. 20 cents for each district. At a plant out­ (a) Findings upon the basis of the Order relative to handling—It is there­ side the marketing area, add the amount hearing record. Pursuant to the provi­ fore ordered, That on and after the ef­ applicable pursuant to this paragraph sions of the Agricultural Marketing fective date hereof, the orders regulating at the location of the city hall of the fol­ Agreement Act of 1937, as amended (7 the handling of milk in the Eastern lowing cities that is nearest (by the U.S.C. 601 et seq.), and the applicable Ohio-Western Pennsylvania and Clarks­ shortest hard-surfaced highway distance fuies of practice and procedure govern­ burg, W. Va., marketing areas (Parts as determined by the market administra­ ing the formulation of marketing agree­ 1036 and 1009, respectively) shall be tor) such plant: Canton and Cleveland, ments and marketing orders (7 CFR amended and merged into one order and Ohio; Erie, Pittsburgh, and Uniontown, the handling of milk in the merged mar­ Pa.; and Clarksburg, W. Va. keting area, to be designated as the (b) Class I I price. The Class I I price order shall not become effective unless and until the requirements of § 900.14 “Eastern Ohio-Western Pennsylvania shall be the basic formula price for the inc~ e rules of practice and procedure govem- marketing area,” shall be in conformity month: Provided, That such Class I I Procecdings to formulate marketing to and in compliance with the terms price shall not be more than the price ^greements and marketing orders have been and conditions of Part 1036 as hereby computed pursuant to subparagraphs amended. Part No. 1009 is superseded by Cl), (2), and (3) of this paragraph:

FEDERAL REGISTER. VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 6538 PROPOSED RULE MAKING

(1) Multiply by 4.2 the Chicago butter Order relative to handling—It is there­ eity hall of the following cities that is price; fore ordered, that on and after the effec­ nearest such plant: (2) Multiply by 8.2 the weighted aver­ tive date hereof, the handling of milk in K entucky age of carlot prices per pound of non­ the Tri-State marketing area shall be in fat dry milk solids, spray process, for conformity to and in compliance with Ashland. Pikeville. human consumption, f.o.bl manufactur­ the terms and conditions of the aforesaid Paintsville. ing plants in the Chicago area, as pub­ order, as amended and as hereby Ohio lished for the period from the 26th day amended, as follows: Coshocton. Marietta. of the preceding month through the 25th The provisions of the proposed Gallipolls. Portsmouth, day of the current month by the Depart­ marketing agreement and order amend­ Jackson. W est Virginia ment; and ing the order contained in the recom­ (3) From the sum of the results ar­ mended decision issued by the Deputy Bluefield. Huntington. rived at under subparagraphs (1) and Administrator, Regulatory Programs, on Charleston. Williamson. (2) of this paragraph subtract 48 cents, March 5, 1969, and published in the Hinton. and round to the nearest cent. F ederal R eg ister on March . 8, 1969 (34 O rder 1 A m e n d in g O rder R e g u l a t in g F.R. 5013; F.R. Doc. 69-2865) shall be 3. In § 1005.53, paragraph (a) is re­ H a n d l in g o f M i l k i n T r i-S tate M ar­ and are the terms and provisions of this vised to read as follows: k e t in g A rea order and are set forth in full herein: 1. Section 1005.16 is revised to read§ 1005.53 Location adjustments to han- Findings and determinations. The as follows: dlers. findings and determinations hereinafter (a) Except as provided in paragraph set forth are supplementary and in addi­ §1005.16 Producer milk. (b) of this section, the Class I price for tion to the findings and determinations “Producer milk” means the skim milk producer milk and other source milk (for previously made in connection with the and butterfat contained in Grade A which a location adjustment is applica­ issuance of the aforesaid order and of the milk: ble) at a plant outside the marketing previously issued amendments thereto; (a) Received at a pool plant directly area and more than 100 miles (by the and all of said previous findings and de­ from a dairy farmer, a reload point or a shortest hard-surfaced highway distance terminations are hereby ratified and handler pursuant to § 1005.13(d); as determined by the market administra­ affirmed, except insofar as such findings (b) Diverted from a pool plant to a tor) from all the cities listed in § 1005.51 and determinations may be in conflict nonpool plant other than an other order (a) shall be reduced 15 cents and an ad­ with the findings and determinations plant or a producer-handler plant: ditional 1.5 cents for each 10 miles or set forth herein. Provided, That: fraction thereof in excess of 110 miles (a) Findings upon the basis of the (1) Such milk shall be deemed to have (by the shortest hard-surfaced highway hearing record. Pursuant to the provi­ been received by the diverting handler at distance as determined by the market sions of the Agricultural Marketing the location of the plant to which administrator) that such plant is from Agreement Act of 1937, as amended (7 diverted; the city hall of the nearest of the cities U.S.C. 601 et seq.), and the applicable (2) To the extent that it would result listed in § 1005.51(a). rules of practice and procedure govern­ * * * * * ing the formulation of marketing agree­ in nonpool plant status for the pool plant from which diverted, milk diverted for [F.R. Doc. 69-4423; Filed, Apr. 15, 1969; ments and marketing orders (7 CFR Part 8:46 a.m.] 900), a public hearing was held upon the account of a cooperative association certain proposed amendments to the ten­ from the pool plant of another handler tative marketing agreement and to the shall not be producer milk; Consumer and Marketing Service order regulating the handling of milk (3) In any month of August through in the Tri-State marketing area. Upon March, the quantity of milk of any pro­ [ 9 CFR Part 3171 ducer diverted to nonpool plants that ex­ the basis of the evidence introduced at LABELS OF MEAT FOOD PRODUCTS such hearing and the record thereof, it ceeds that delivered to pool plants shall is found that: not be producer milk; and Proposed Use of Term “ Farm” or (1) The said order as hereby amended, (4) The diverting handler shall des­ Similar Terms and all of the terms and conditions ignate the dairy farmers’ deliveries thereof, will tend to effectuate the, that are not producer milk pursuant to Notice is hereby given in accordance declared policy of the Act; this paragraph. I f the handler fails to with administrative procedure provi­ (2) The parity prices of milk, as de­ make such designation, no milk diverted sions in 5 U.S.C. 553 that pursuant to the termined pursuant to section 2 of the by him to a nonpool plant shall be pro­ authority conferred by the Federal Meat Act, are not reasonable in view of the ducer milk; or Inspection Act, as amended (21 U.S.C. price of feeds, available supplies of feeds, (c) Diverted from a pool plant to an Supp. m , sec. 601 et seq.), it is pro­ and other economic conditions which af­ other order plant if a Class I I I classifica­ posed to amend § 317.8(c) (2) of the Fed­ fect market supply and demand for milk tion (or its equivalent) is designated for eral Meat Inspection Regulations (9 in the said marketing area, and the such milk pursuant to the provisions of CFR 317.8(c) (2 )) to read as follows^ minimum prices specified in the order as another order issued pursuant to the Act Terms such as “farm,” “ranch," hereby amended are such prices as will and such milk is not subject to the pric­ “plantation,” or “country,” shall not be reflect the aforesaid factors, insure a ing and pooling provisions of such order. used on labels in connection with any sufficient quantity of pure and whole­ The provisos in paragraph (b) of this product unless such product is actually some milk, and be in the public interest; section shall apply to this paragraph as prepared on a farm, ranch, plantation, and if set forth fully herein. or similar place as indicated on the la­ (3) The said order as hereby amended, „ 2. In § 1005.51, paragraph (a) is re­ bels: Provided, That if the product is regulates the handling of milk in the vised to read as follows: prepared in the same way as it is tra­ same manner as, and is applicable only ditionally prepared on the farm, ranch, to persons in the respective classes of in­ § 1005.51 Glass prices. plantation, or similar place, such terms dustrial or commercial activity specified * * * $ * may be used if qualified by the word in, a marketing agreement upon which (c) Class I price. The Class I price“ style” in the same size and style of let­ a hearing has been held. shall be the basic formula price for the tering: Provided further, That such preceding month plus $1.55 for plants terms may be used as part of a brand in the Charleston-Huntington district designation of any product when quali­ 1 This order shall not become effective un­ and $1.47 for plants in the Athens-Scioto fied by the word “brand” in the same less and until the requirements of § 900.14 size and style of lettering and followed of the rules of practice and procedure gov­ district, plus 20 cents for each district. erning proceedings to formulate marketing At a plant outside the marketing area with a statement identifying the locality agreements and marketing orders have been add the amount applicable pursuant to in which the product is prepared; Ana met. this paragraph at the location of the provided further, That, except in tne

FEDERAL REGISTER, VOL. 34, N O . 72— WEDNESDAY, APRIL 16, 1969 PROPOSED RULE MAKING 6539 case of labels for sausage, lard, bacon, terstate Air Quality Control Region T o w n s—Continued cured and smoked bone-in pork prod­ (Connecticut-Massachusetts) as set Hebron. Somers. ucts, and cured and dried bone-in pork forth in the following new § 81.26 which Manchester. Southington. products, such terms may be used on would be added to Part 81 of Title 42, Marlborough. South Windsor. Code of Federal Regulations. It is pro­ Middlefield. Suffield. the labels as part of a trademark or Newington. Tolland. trade name registered with the U.S. Pat­ posed to make such designation effective Plainville. Vernon. ent Office, with the symbol signifying upon republication. Plymouth. West Hartford. such registration, if the labels are de­ Interested persons may submit written Portland. Wethersfield. void of illustration or wording with farm, data, views, or arguments in triplicate to Rocky Hill. Windsor. ranch, plantation, country, or other the Office of the Commissioner, National Simsbury. Windsor Locks. rural connotations, other than such Air Pollution Control Administration, In the State of Massachusetts : trademark or trade name. Sausage con­ Ballston Center Tower II, Room 905, 801 taining cereal and lard not rendered in North Randolph Street, Arlington, Va. Cities an open kettle, shall not be designated 22203. All relevant material received not Chicopee. Springfield. by terms such as “farm style,” “ranch later than 30 days after the publication Holyoke. Westfield. style,” “plantation style,” or “ country of this notice will be considered. Northampton. style.” Interested authorities of the States of T owns Statement of considerations. The pro­ Connecticut and Massachusetts and ap­ Agawam. Ludlow. - posed change in the Federal Meat In ­ propriate local authorities, both within Amherst. Middlefield. spection Regulations would permit the and without the proposed region, who Belchertown. Monson. use of terms such as “farm” (or are affected by or interested in the pro­ Blandi ord. Montgomery. : “Farm”?, “country” (or “Country”) , posed designation, are hereby given Brim field. Palmer. Chester. Peeham. “ranch” (or “Ranch” ), and “plantation” notice of an opportunity to consult with Chesterfield. Plainfield. (or “Plantation” ) , on labels for a num­ representatives of the Secretary concern­ Cummington. Russell. ber of meat food products prepared un­ ing such designation. Such consultation Easthampton. Southampton. der the requirements of the regulations will take place at the Connecticut State East Longmeadow. South Hadley. in situations in which it appears such Department of Health Auditorium, Fifth Goshen. South wick. terms would not signify that the prod­ Floor, 79 Elm Street, Hartford, Conn. Granby. Tolland. ucts were prepared in the rural areas 06115, beginning at 10 a.m., April 29,1969. Granville. Wales. Hadley. Ware. mentioned. The amendment would be in Mr. Doyle J. Borchers is hereby desig­ Hampden. W esthampton. accord with the policies adopted by other nated as Chairman for the consultation. Hatfield. West Springfield, regulatory agencies with respect to other The Chairman shall fix the time, date, Holland. Wilbraham. foods. and place of later sessions and may con­ Huntington. Williamsburg. Any person who wishes to submit writ­ vene, reconvene, recess, and adjourn the Longmeadow. Worthington. ten data, views' or arguments concerning sessions as he deems appropriate to This action is proposed under the au­ the proposed amendment may do so by expedite the proceedings. thority of sections 107(a) and 301(a) of filing them in duplicate with the Hearing State and local authorities wishing to the Clean Air Act, section 2, Public Law Clerk, U.S. Department of Agriculture, participate in the consultation should 90-148, 81 Stat. 490, 504, 42 U.S.C. 1857c- Washington, D.C. 20250, within 60 days notify the Office of the Commissioner, 2(a), 1857g(a). after the date of publication of this no­ National Air Pollution Control Adminis­ tice in the F ederal R e g ist e r . All written tration, Ballston Center Tower n , Room Dated: April 11, 1969. submissions made pursuant to this no­ 905, 801 North Randolph Street, Arling­ J o h n T . M id d l e t o n , tice will be made available for public ton, Va. 22203, of such intention at least Commissioner National Air inspection at the Office of the Hearing 1 week prior to the consultation. A re­ Pollution Control Administration. Clerk during regular business hours (7 port prepared for the consultation is CFR 1.27(b)). available upon request to the Office of [F.R. Doc. 69-4446; Filed, Apr. 15, 1969; the Commissioner. 8:48 a.m.] Done at Washington, D.C., this 11th day of April 1969. In Part 81 a new § 81.26 is proposed to be added to read as follows: R. K. S o m e r s , Deputy Administrator, § 81.26 Hartford-Springfield Interstate DEPARTMENT OF Consumer Protection. Air Quality Control Region. [F.R. Doc. 69-4476; FUed, Apr. 15, 1969; The Hartford-Springfield Interstate TRANSPORTATION 8:51 a.m.] Air Quality Control Region (Connecti­ cut-Massachusetts) consists of the terri­ Coast Guard torial area encompassed by the bound­ [ 33 CFR Part 1171 aries of the following jurisdictions or DEPARTMENT OF HEALTH, EDU­ described area (including the territorial [CG FR 68—163W ] area of all municipalities (as defined in RADIOTELEPHONES ON section 302(f) of the Clean Air Act, 42 DRAWBRIDGES CATION, AND WELFARE U.S.C. 1857h(f)) geographically located Public Health Service within the outermost boundaries of the Notice of Proposed Rule Making area so delimited): [ 42 CFR Part 81 ] 1. The Commandant, U.S. Coast In the State of Connecticut: Guard is considering a proposal to AIR QUALITY CONTROL REGIONS Cities change the rules and regulations gov­ erning the operation of drawbridges in Notice of Proposed Designation of Bristol. Middletown. Hartford. New Britain. 33 CFR 117 to add a provision for re­ Hartford-Springfield Interstate Air quiring the installation of radiotelephone Quality Control Region; Notice of T owns stations on drawbridges where it is de­ Consultation With A p p ro p riate Andover. East Haddam. termined that such equipment is essen­ State and Local Authorities Avon. East Hampton. tial to the operation of the drawbridge Berlin. East Hartford. for safety or navigation. Pursuant to authority delegated by the Bloomfield. East Windsor. 2. This amendment is now proposed secretary and redelegated to the Com­ Bolton. Ellington. Burlington. Enfield. as result of an amendment to 47 CFR missioner of the National Air Pollution Canton. Farmington. 81 of the rules of the FCC adopted No­ -ontrol Administration (33 F.R. 9909), CromwelL Glastonbury. vember 20, 1968, which provides in § 81.- herefey given of a proposal to Durham. Granby. 351(a)(6) that an authorization for a esignate the Hartford-Springfield In­ East Granby. Haddam. Limited Coast Station (VH F-FM ), may

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 6540 PROPOSED RULE MAKING be granted to a person who is responsible posed changes in rules and regulations for the operation of bridges, structures, be furnished them. After the supply of ATOMIC ENERGY COMMISSION or other installations that are a part copies of this printed document is ex­ 110 CFR Parts 2, 50 ] of, or directly related to, a harbor, port, hausted, copies will be available for read­ or waterway when the operation of such ing purposes in Room 7211, Coast Guard BACKFITTING OF PRODUCTION AND facilities requires radio communications Headquarters, or at the offices of various UTILIZATION FACILITIES; CON­ with vessels for safety or navigation. Coast Guard District Commanders. STRUCTION PERMITS AND OPERAT­ Prior to this action by the PCC draw­ 6. A new subsection 117.1(f) is pro­ bridge owners were eligible to be author­ posed to be added to § 117.1 General to ING LICENSES ized to operate radiotelephone stations state when radiotelephone equipment Notice of Proposed Rulemaking only on certain frequencies in the 2-4 may be required to be installed on a MHz band on a showing of need. The drawbridge regulated under Part 117 of The Atomic Energy Commission has Commandant could not therefore re­ Title 33 CFR. under consideration several amendments quire the installation and use of VHF- to its rules of practice, 10 CFR Part 2, FM radiotelephone equipment on a PART 117— DRAWBRIDGE OPERA­ and to its regulation, Licensing of Pro­ bridge under the authority of 33 U.S.C. TION REGULATIONS duction and Utilization Facilities, 10 CFR 494 and 499 and 14 U.S.C. 85. The exer­ Part 50, which would (1) define more cise of authority by the Commandant Section 117.1 is amended to add a precisely the significance of the issuance heretofore in the presence of the then paragraph as follows: of a construction permit for a facility, existing FCC regulations would not have § 117.1 General. (2) simplify and expedite the Commis­ achieved the desired benefit to safety * * Hi * * sion’s facility licensing process by elimi- or navigation which is now possible. n a t i n g the “provisional” operating 3. This document contains this pro­ (f) When the Commandant deems it license, and (3) clarify the Commission’s posal together .with appropriate refer­ necessary to the operation of any indi­ position with respect to requirements for ences to statutory authority which au­ vidual drawbridge for safety or naviga­ additional safety features after the issu­ thorizes the Commandant to prescribe tion, he may require the installation of ance of a construction permit. rules and regulations to govern the op­ radiotelephone "stations subject to the The rapidly expanding technology in eration of drawbridges. Interested per­ rules and regulations of the Federal the field of atomic energy means that sons may participate in this proposed Communications Commission governing new or improved features or designs that rule making by submitting such written the assignment of operating frequencies, may enhance the safety of production data, views, arguments, or comments as licensing and operation of such stations. and utilization facilities are continually they may desire, within 60 days after (Sec. 5, 28 Stat. 362, as amended, sec. 6 (g ), being developed. Concern has been ex­ date of publication of this document in 80 Stat. 941; 33 U.S.C. 494 and 499, 14 U.S.C. pressed as to the circumstances under the F ederal R e g ist e r , to the Comman­ 85; 49 U.S.C. 1655(g); 49 CFR 1.4(a) (3) (v) ) which the Commission will require back- dant (O AN -5), U.S. Coast Guard, De­ Dated ; April 7,1969. fitting of facilities—that is, the addition partment of Transportation, Washing­ or modification of structures, systems or ton, D.C. 20591. Each communication W . J. S m it h , components of the facility after the con­ should identify the subject and section Admiral, U.S. Coast Guard, struction permit has been issued. Pro­ number of the proposal to which it is Commandant. posed § 50.109 set forth below provides directed; set forth the specific wording [F.R. Doc. 69-4411; Filed, Apr. 15, 1969; that the Commission will require back- of each proposal being recommended in 8:45 a.m.] fitting if it finds that such action will lieu of the proposed wording in this doc­ provide substantial, additional protection ument; the reason or basis for each rec­ which is required for the public health ommended change; and the name, ad­ Federal Aviation Administration and safety or the common defense and dress, and business firm or organization, [ 14 CFR Part 71 ] security. if any, of the submitter. Each commu­ Proposed § 50.109 is not, however, in­ nication received within the time period [Airspace Docket No. 68-EA-32] tended to affect the responsibility of ap­ so specified will be considered and eval­ FEDERAL AIRWAYS, CONTROLLED plicants for, or holders of facility licenses uated before final action is taken on the for evaluating significant new informa­ proposal in this document. Copies of all AIRSPACE, AND REPORTING tion developed as a result of experience in written communications received will be POINTS the design, construction, testing and available for examination and reading Withdrawal of Proposed Designation operation of facilities and the results of by interested persons in Room 7211, research and development programs Coast Guard Headquarters, Washington, On page 6247 of the F ederal R egister bearing on the safety of facilities, and D.C., both before and after the closing for April 24, 1968, the Federal Aviation for recommending any additions to, or date for receipt of comments. The pro­ Administration published a proposed modifications of facilities needed to pro­ posal contained in this document may regulation which would designate an tect the health and safety of the public. be changed in the light of comments Oakland, Md., transition area. Section 50.35 of 10 CFR Part 50 pres­ received. Since publication of the proposal, un­ ently states Commission criteria for 4. No hearing is contemplated on the anticipated delays have occurred in ob­ issuance of a provisional construction proposal in this document but arrange­ taining the information necessary for permit when an applicant has not sup­ ments may be made for informal confer­ establishing an instrument approach for plied initially all of the technical infor­ ences with cognizant Coast Guard offi­ which the transition area was to provide mation required to complete the applica­ cials by contacting the Chief, Aids to protection, nor is there expectation of tion and support the issuance of a con­ Navigation Division, Room 7211, U.S. readily obtaining such information. struction permit which approves all pro­ Coast Guard Headquarters, Washington, In view of the foregoing, the proposed posed design features. That section also D.C. 20591. Any data or views presented regulation is hereby withdrawn. provides that the issuance of a provi­ during such informal conferences must sional construction permit will constitute also be submitted in writing to the Com­ (Sec. 307(a) of the Federal Aviation Act an authorization to the applicant to pro­ mandant (OAN-5) in accordance with of 1958; 72 Stat. 749; 49 U.S.C. 1348 and sec. ceed with construction but will not con­ 6(c) of the Department of Transportation this notice in order that it may become Act; 49 U.S.C. 1655(c)) stitute Commission approval of the safety part of the record. of any design feature or specification 5. In addition to publication in the Issued in Jamaica, N.Y., on April 1, unless the applicant specifically request F édérai, R eg ist e r , copies of the printed 1969. such approval and the approval is i - document will be mailed to persons and W a y n e H e n d e r s h o t , corporated in the permit. In practice, a - organizations who have expressed a con­ Acting Director, Eastern Region. most all construction permits issued oy the Commission have been “provision^ tinued interest in this subject of bridges [F.R. Doc. 69-4414; Filed, Apr. 15, 1969; into and have requested that copies of pro­ 8:46 a.m.] and have never been converted

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 PROPOSED RULE MAKING 6541

“final” construction permits, but have given except as to comments filed within complete the application, including the merged directly into the operating the period specified. Copies of comments final design of the facility, the Commis­ license. The proposed amendment of received by the Commission may be sion may issue a construction permit if § 50.35 which follows would eliminate the examined at the Commission’s Public the Commission finds that (1) the appli­ term “provisional” construction permit, Document Room, 1717 H Street NW., cant has described the proposed design of thus conforming.the terminology with Washington, D.C. the facility, including, but not limited Commission practice. The findings re­ 1. Subdivision 2.104(b) (1) (i) (a) and to, the principal architectural and engi­ quired for issuance of a construction per­ section VKb) (1) (a) of Appendix A of neering criteria, and has identified the mit would be essentially the same as 10 CFR Part 2 are amended by deleting major features or components incorpor­ those required for a “provisional” con­ the words “ for the design” after the ated therein for the protection of the struction permit. The proposed amend­ phrase “the principal architectural and health and safety of the public; (2 ) such ment would provide, however, that in engineering criteria.” further technical or design information in ning a construction permit, the Com­ 2. Subparagraph 2.104(b) (2) and sec­ as may be required to complete the safety mission would be approving the con­ tions I (c) and (d ), IIK g ) (1), and IV (c) analysis, and which can reasonably be struction of the facility in accordance and (d) of Appendix A of 10 CFR Part left for later consideration, will be sup­ plied in the final safety analysis report; with the application, including the prin­ 2 are amended by substituting the words cipal architectural and engineering cri­ “construction permit” for “provisional ( 3 ) safety features or components, if teria. (Such approval would, of course, construction permit” where they appear. any, which require research and develop­ apply only to the extent that a particu­ ment have been described by the appli­ lar matter had been treated in the appli­ § 2.761 [Amended] cant and the applicant has identified, cation, and would not extend to items or 3. Paragraph (d) of § 2.761 of 10 CFR and there will be conducted, a research details not covered in the application.) Part 2 is amended by substituting the and development program reasonably The proposed amendment would per­ words “ operating license or provisional designed to resolve any safety questions mit the construction permit holder to operating authorization” for “provisional associated with such features or com­ depart from provisions of the application operating license or authorization” . ponents; and that (4) on the basis of the foregoing, there is reasonable assur­ other than the principal architectural 4. A new paragraph (w) is added to ance that (i) such safety questions will and engineering criteria in the construc­ § 50.2 of 10 CFR Part 50 to read as be satisfactorily resolved at or before tion of the facility, subject to the risk of follows: subsequent disapproval by the Commis­ the latest date stated in the application sion (unless prior approval is requested § 50.2 Definitions. for completion of construction of the and given). By a proposed §50.2(w), ***** proposed facility and (ii) taking into “principal architectural and engineer­ (w) “Principal architectural and engi­ consideration the site criteria contained ing criteria” would be defined to include neering criteria” mean ( 1 ) the principal in Part 100 of this chapter, the proposed ( 1 ) the principal design criteria, ( 2 ) the design criteria for the facility; ( 2 ) the facility can be constructed and operated essential elements of the proposed design essential elements of the proposed design at the proposed location without undue for certain structures, systems and com­ of the following structures, systems, and risk to the health and safety of the ponents, (3) the design bases for pro­ components of the facility: Reactor core, public. tection against natural phenomena, and reactivity control systems, protection sys­ N ote: When an applicant has supplied (4) the essential elements of the appli­ tem, control room, reactor pressure vessel initially all of the technical information re­ cant’s quality assurance program. and internals, reactor coolant system and quired to complete the application, including associated auxiliary systems, reactor the final design of the facility, the findings By a proposed amendment to § 50.57, required above will be appropriately modified the “provisional” operating license, coolant makeup system, decay heat re­ to reflect that fact. which is issued for an 18-month period, moval system, cooling water system, fuel would be eliminated. Temporary limita­ storage and handling system, radioactive (b) A construction permit will consti­ tions on operation considered necessary waste system, emergency power systems, tute Commission approval of the con­ for public health and safety would be primary reactor containment, contain­ struction of the proposed facility de­ incorporated in the full-term operating ment isolation system, secondary reactor scribed in the application as amended, in license as conditions. The elimination of containment, auxiliary buildings, emer­ accordance with the principal architec­ the provisional operating license would gency core cooling system, containment tural and engineering criteria. In con­ not preclude the Commission from im­ heat removal system, containment at­ structing the facility, the holder of the posing all the limitations in the full-term mosphere cleanup systems, and such construction permit shall not depart operating license which it can presently other structures, systems and compo­ from the principal architectural and require in the provisional operating nents as may be specified by the Com­ engineering criteria, as described in the license. The elimination of the provi­ mission; (3) the design bases for protec­ application as amended, without the ap­ sional operating license would remove tion against natural phenomena such proval of the Commission. The holder of one step in AEC’s facility licensing proc­ as earthquakes, tornadoes, hurricanes, the construction permit may, however, ess and is expected to reduce the time floods, tsunamis, and seiches; and (4) make such changes in the facility as do consumed in the facility licensing process the essential elements of the quality as­ not conflict with the principal archi­ without reducing the degree of protection surance program to be applied to the tectural and engineering criteria, as de­ of the public health and safety provided. design, fabrication, construction, and scribed in the application as amended, testing of the structures, systems, and or the terms and conditions of the con­ Pursuant to the Atomic Energy Act of struction permit, subject to the risk of 1954, as amended, and section 553 of components of the facility.1 5. Paragraphs (a) and (b) of § 50.35 the subsequent disapproval of those title 5 of the United States Code, notice changes by the Commission at any time is hereby given that adoption of the fol­ of 10 CFR Part 50 are revised to read as follows: prior to the issuance of the operating lowing amendments to 10 CFR Parts 2 license. I f the holder of a construction and 50 is contemplated. All interested § 50.35 Issuance of construction permits. permit desires prior approval of changes Persons who desire to submit written (a) Notwithstanding the fact that an in the facility which do not conflict with comments or suggestions for considera­ the principal architectural and engi­ tion in connection with the proposed applicant has not supplied initially all of the technical information required to neering criteria, he may request such amendments should send them to the approval by the Commission. Secretary, U.S. Atomic Energy Commis­ 6 . Section 50.57 of 10 CFR Part 50 is sion, Washington, D.C. 20545, Attention: 1 The proposed definition in this paragraph revised to read as follows: Chief, Public Proceedings Branch, within 50.2 (w ) is appropriate for nuclear reactors . after publication of this notice but not for fuel reprocessing facilities. Dur­ § 50.57 Issuance o f operating license. in the F ederal R eg ist e r . Comments re­ ing the comment period, an appropriate revi­ (a) Pursuant to § 50.56, an operating ceived after that period will be con­ sion of this paragraph will be made, to pro­ vide for definition of principal architectural license will be issued by the Commission, sidered if it is practicable to do so, but and engineering criteria for fuel reprocessing up to the full term authorized by § 50.51, assurance of consideration cannot be facilities. upon finding that:

FEDERAL REGISTER, VOL. 34, NO. 72— W U 16, 1969 No. 72- 6542 PROPOSED RULE MAKING

(1) Construction of the facility has security. As used in this section, “ back- not accept savings accounts other than been substantially completed, in con­ fitting” of a production or utilization such savings deposits, but savings ac­ formity with the construction permit and facility, means the addition or modifica­ counts existing in such association at the the application as amended, the provi­ tion of structures, systems or compo­ time when it becomes a deposit associ­ sions of the Act, and the rules and regu­ nents of the facility after the construc­ ation shall remain such savings accounts lations of the Commission; and tion permit has been issued. unless and until they are exchanged for (2) The facility will operate in con­ (b) Nothing in this section shall be such savings deposits. In the case of sav­ formity with the application as amended, deemed to relieve a holder of a construc­ ings accounts exchanged for savings de­ the provisions of the Act, and the rules tion permit or a license from compliance posits on a date other than the date on and regulations of the Commission; and with the rules, regulations, or orders of which the association regularly distrib­ (3) There is reasonable assurance (i) the Commission. utes earnings on its savings accounts, that the activities authorized by the op­ (c) The Commission may at any time such exchange shall be deemed to have erating license can be conducted without require a holder of a construction permit taken place on the immediately preced­ endangering the health and safety of the or a license to submit such information ing regular dividend distribution date. public, and (ii) that such activities will concerning the addition or proposed Any right outstanding at the time when be conducted in compliance with the addition, the elimination or proposed an association becomes a deposit asso­ regulations in this chapter; and elimination, or the modification or pro­ ciation to receive from the association (4) The applicant is technically and posed modification of structures, systems in an exchange a savings account shall financially qualified to engage in the or components of a facility as it deems thereafter be a right to receive, at the activities authorized by the operating appropriate. option of the holder of such right, either license in accordance with the regula­ (Sec. 161, 68 Stat. 948; 42 U.S.C. 2201) a savings account or a corresponding tions in this chapter; and savings deposit. Any exchange under this (5) The applicable provisions of Part Dated at Germantown, Md., this 8th subparagraph ( 1 ) may be effected in 140 of this chapter have been satisfied; day of April 1969. such manner as the Board may and For the Atomic Energy Commission. prescribe. (6 ) The issuance of the license will (2) Terms of savings deposits; mem­ not be inimical to the common defense W . B. M cC o o l , bership and voting rights. Except as pro­ and security or to the health and safety Secretary. vided in subparagraph (3) of this para­ of the public. [F.R. Doc. 69-4424; Filed, Apr. 15, 1969; graph (b ), in § 545.1-4, and in § 545.1-5, (b) Each operating license will in­ 8:46 a.m.] savings deposits authorized by this sec­ clude appropriate provisions with respect tion shall be upon the same terms and to any uncompleted items of construc­ conditions and have the same character­ tion and such limitations or conditions istics as if they were savings accounts au­ as are required to assure that operations FEDERAL HOME LOAN BANK BOARD thorized by and subject to the provisions during the period of the completion of of the association’s charter other than such items will not endanger public E12 CFR Part 545 ] the charter provision aforesaid and the health and safety. [No. 22,723] provisions of this subchapter other than (c) In a case where a hearing has FEDERAL SAVINGS AND LOAN this section, but, in the case of a deposit been held in connection with a proceed­ association whose charter does not in­ ing under this section the presiding offi­ SYSTEM clude the provision set forth in paragraph cer may, upon written motion and upon Ob) of § 544.8 of this subchapter, such good cause shown, provide that any Savings Deposits and Payment of Earnings charter shall, for the purposes of this initial decision issued pursuant to this sentence, be deemed to include said pro­ section shall become effective 10 days A p r il 10, 1969. visions. Holders of such savings deposits after issuance subject to ( 1 ) the review Resolved that the Federal Home Loan shall, to the same extent as if their hold­ thereof and further decision by the Com­ ings of such savings deposits were hold­ mission upon exceptions filed by any Bank Board considers it advisable to amend Part 545 of the Rules and Regu­ ings of such savings accounts, be mem­ party, and (2) such order as the Com­ lations for the Federal Savings and Loan bers of the association and have voting mission may enter upon such exceptions System (12 CFR Part 545) for the pur­ rights. or upon its own motion within 45 days pose of implementing an amendment to * * * * * after the issuance of such initial deci­ section 5(b) of the Home Owners’ Loan sion. In the absence of a Commission 2. Add new §§ 545.1-4 and 545.1-5, im­ Act of 1933, as amended, contained in mediately after § 545.1-3, to read as order pursuant to the foregoing, and in Public Law 90-448, 82 Stat. 476, ap­ follows: the absence of exceptions to the initial proved August 1, 1968, (1) to authorize decision, the initial decision shall become Federal savings and loan associations § 545.1—4 Other savings deposits. the final decision of the Commission at which have adopted the charter amend­ (a) General; In addition to the sav­ the end of such 45-day period. I f any ment providing for acceptance of sav­ party oppose the motion for expedited ings deposits authorized by § 5 4 5 .1 - 2 , any ings deposits to accept savings deposits Federal association which has a charter effectiveness of the initial decision, the for fixed periods of time and to pay in­ presiding officer may stay its effective­ in the form of Charter N or Charter K terest on all savings deposits, and ( 2 ) to (rev.) and which has adopted the charter ness pending filing within 5 days after its authorize all Federal savings and loan issuance of an exception to the provision provision set forth in § 545.1-3 may, sub­ associations to pay earnings on a “split ject to the provisions of this section and for expedited effectiveness, and there­ rate” basis on a single account, accord­ after until decision by the Commission the provisions of § 545.1-5, accept sav­ ing to the balance maintained in the ac­ ings deposits for fixed periods of time. on the exception. count. Accordingly, it is proposed to (b) Limitations. In accepting savings 7. An undesignated center head and aamend said Part 545 as follows: new § 50.109 are added to 10 CFR Part deposits under the authority contained 1. Amend paragraph (b) of § 545.1-2 50 to read as follows : in paragraph (a) of this section, no Fed­ by revising subparagraphs ( 1 ) and ( 2 ) eral association shall: Backfitting thereof to read as follows: (1) Provide for the payment of in­ § 50.109 Backfitting. § 545.1—2 Savings deposits. terest; on any savings deposit in excess (a) The Commission may, in accord­ * * * * * of the applicable maximum rate of re­ ance with the procedures specified in this (b) Savings deposits— (1) General. A turn prescribed in Part 526 of Sub- chapter, require the backfitting of a deposit association may raise capital chapter B of this Chapter V ; facility if it finds that such action will in the form of such savings deposits as (2) Provide for any forfeiture for provide substantial, additional protection are authorized by this section and breach of condition on the part of any which is required for the public health § 545.1-4. Except as the Board may oth­ depositor, other than loss of interest, or and safety or the common defense and erwise provide, a deposit association shall partial loss thereof, for the term of the

34, NO. 72-—WEDNESDAY, APRIL 16, 1969 PROPOSED RULE MAKING 6543 savings deposit or other specified time stituting the emergency which is deemed ant to subparagraph (2 ) of this para­ period; to justify the payment of the withdrawal, graph unless the association’s charter (3) Issue any negotiable form of cer­ which application shall be CD approved contains the sentence specified in para­ tificate evidencing a savings deposit; by an officer of the association who shall graph (b) of § 544.8 of this subchapter (4) Deny any member the opportunity certify that, to the best of his knowledge or the charter provision set forth in par­ to make any savings deposit at the same and belief, the statements in such appli­ agraph (a) of § 545.1-3. rate offered to any other member at that cation are true and ( 2 ) retained by the * ♦ * * * time on the same classification of savings association for a period of not less than (4) Split rates— (i) General. For any 2 years. In the event of an emergency deposit; dividend period for which the regular (5) Accept any fixed term savings de­ withdrawal as provided in this para­ rate is less than the applicable maximum posit for a term of less than 6 months graph, the depositor shall forfeit accrued rate of return prescribed for regular ac­ or more than 5 years or in an amount and unpaid interest for a period of not counts in Part 526 of Subchapter B of less than $1,000; Provided, That any such less than 3 months on the amount with­ this Chapter V, the board of directors savings deposit may be renewed, at the drawn if an amount equal to the amount may, by resolution, determine to distrib­ option of the association, for successive withdrawn has been on deposit 3 months ute earnings at a rate higher than the periods not exceeding 5 years for each or more, and the depositor shall forfeit regular rate on the balance of any ac­ renewal; all accrued and unpaid interest on the count in excess of such minimum bal­ (6 ) Provide for withdrawal from any amount withdrawn if an amount equal fixed term savings deposit prior to the to the amount withdrawn has been on ance as shall be fixed by the board of expiration of that term, except as pro­ ^deposit less than 3 months. In the case directors, which minimum balance shall vided in paragraph (e) of this section; or of emergency withdrawal of only a por­ not be less than $2 0 0 , and at a rate or (7) Issue any form of certificate evi­ tion of any such savings deposit, the rates in excess of such higher rate on dencing a savings deposit unless the as­ certificate evidencing such savings de­ such higher balance or balances as the sociation has first (i) obtained a written posit shall be canceled, and, if the mini­ board of directors may prescribe, but no opinion by its legal counsel that such mum balance requirements of this sec­ rate so determined shall be in excess of form of certificate complies with the re­ tion continue to be met, a new certificate the applicable maximum rate of return quirements of applicable law and regula­ shall be issued for the remaining portion prescribed for regular accounts in said Part 526. tions and the association’s charter, which of the savings deposit with the same opinion shall be retained by the associa­ term, rate, and dates as the original sav­ (ii) Account books and certificates. tion so long as it continues to issue certi­ ings deposit. Each account book and certificate evi­ ficates in such form, and (ii) submitted dencing an account issued pursuant to § 545.1—5 Payment of interest on sav­ this subparagraph (4) shall be in the a copy of such form of certificate, to­ ings deposits. gether with a copy of such legal opinion, form prescribed by the Board pursuant to the Federal Savings and Loan In ­ Savings deposits authorized by to paragraph (b) of § 545.2 and shall surance Corporation. §§ 545.1-2 and 545.1-4 of this part shall bear on its face the following additional (c) Form, of certificates. Certificates be entitled to interest as fixed by the words: evidencing savings deposits accepted board of directors of the association from * * * * * pursuant to the authority contained in time to time. The board of directors of Earnings are distributable on this account this section shall, subject to the limita­ the association shall fix the interest rate as determined by the board of directors of tions contained in paragraph (b) of this on savings deposits accepted for indefi­ the association, subject to § 545.3-1 (b ) (4) section and the disclosure requirements nite periods of time in June and Decem­ of the Rules and Regulations for the Fed­ contained in paragraph (d) of this sec­ ber of each year for the semiannual eral Savings and Loan System. tion, be in such form as the board of periods beginning on the immediately (Sec. 5, 48 Stat. 132, as amended; 12 U.S.C. directors of the association may deter­ following July 1 and January 1 and may, 1464. Reorg. Plan No. 3 of 1947, 12 F.R. 4981, mine. Such certificates may be incor­ by resolution, provide for the payment 3 CFR, 1943-1948 Comp., p. 1071) of interest on savings deposits on the porated in passbooks or issued as sepa­ Resolved further that interested per­ same bases, terms and conditions as is rate certificates. sons are invited to submit written data, provided for the distribution of earnings (d) Disclosure. Each certificate evi­ views, and arguments to the Office of the on savings accounts in § 545.1-1; except dencing a savings deposit accepted pur­ Secretary, Federal Home Loan Bank that, in the case of an association whose suant to the authority contained in this Board, 101 Indiana Avenue NW „ Wash­ board of directors adopts a resolution section shall include in its provisions and ington, D.C. 20552, by May 16, 1969, as providing for payment of interest on a display in easily read type: to whether this proposal should be quarterly basis, the board of directors (1) A full and understandable state­ adopted, rejected or modified. Written shall fix the interest rate on such savings ment of the method of maturing the con­ material submitted will be available for deposits for each quarterly period during tract of deposit; public inspection at the above address (2) The rate of interest to be paid; the month immediately preceding such quarterly period. unless confidential treatment is re­ (3) The aihount of the deposit; quested or the material would not be (4) The term of the deposit; 3. Attend paragraph (b) of § 545.3-1made available to the public or otherwise (5) The penalty or penalties imposed by adding a reference to subparagraph disclosed under § 505.6 of the General for withdrawal prior to completion of (4) in the first sentence thereof and by Regulations of the Federal Home Loan the fixed term or renewal; adding a new subparagraph (4) thereof Bank Board (12 CFR 505.6). (6) Any provisions relating to re­ to read as follows: By the Federal Home Loan Bank newal at the conclusion of the fixed § 545.3—1 Distribution o f earnings at Board. term; and variable rates. (7) Any provisions relating to the in- * * * * * [ s e a l ] G r e n v il l e L. M il l a r d , Jr„ Assistant Secretary. q V ° Paid after the conclusion of (b) Eligibility requirements. The board a nxed term or renewal. [F.R. Doc. 69—4468; Filed, Apr. 15, 1969; of directors may, by resolution, provide 8:50 a.m.] 'e) Withdrawal prior to expirat for the distribution of earnings at a rate term, in an emergency where it is ] or rates higher than the regular rate only sary to prevent great hardship t on savings accounts which meet the min­ I 12 CFR Part 563 1 q a fixed term savings d< imum requirements fixed by the board of [No. 22,7241 ederal association may pay, pr directors pursuant to subparagraphs ( 1 ), ® exPiration of the term, such si (2), (3), and (4) of this paragraph and FEDERAL SAVINGS AND LOAN tn ^S1^.or P°rtion thereof neci such additional requirements as the INSURANCE CORPORATION h(3 eet such emergency; Provided, board of directors may impose, except ripnIVUch Payment may be mad that the board of directors shall not au­ Approval of Certificate Forms sprihi!i°r sign an applicatio thorize the issuance of accounts evi­ Resolved that the Federal Home Loan bmg fUlly the circumstances denced by notice-account books pursu­ Bank Board considers it advisable to

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 6544 PROPOSED RULE MAKING

amend Part 563 of the Rules and Regu­ other class of insured account; Provided, (5) Accept any fixed term savings lations for Insurance of Accounts (12 That where there may be a change from deposit for a term of less than 6 months CFR Part 563) for the following one type of account to another, a rea­ or more than 5 years or in an amount purposes: sonable time, to be determined by the less than $1,000; Provided, That any (1) To revise § 563.1 to provide that Corporation, may be allowed to effect such sayings deposit may be renewed, at any State-chartered insured institution such change. Each insured institution the option of the institution, for succes­ may issue any certificate form without shall cause a true copy of its charter and sive periods not exceeding 5 years for prior approval by the Corporation, pro­ bylaws and all amendments thereto to each renewal. vided that it has first submitted a copy be available to members at all times in ( 6 ) Provide for withdrawal from any of such form to the Corporation for each office of the institution, and shall fixed term savings deposit prior to the approval; that no insured institution upon request deliver to any member a expiration of that term, except as pro­ shall issue any form of security which copy of such charter, constitution, by­ vided in paragraph (d) of this section; has been disapproved in writing by the laws, and amendments. or Corporation; and that any insured in­ 2. Amend § 563.2 to read as follows: (7) Issue any form of certificate evi­ stitution may adopt a charter or bylaw dencing a savings deposit unless the amendment affecting its securities or § 563.2 Simple form o f certificate; institution has first (i) obtained a writ­ investment contracts without prior ap­ passbooks. ten option by its legal counsel that such proval of the Corporation but that any An insured mutual institution which, form of certificate complies with the re­ such amendment must be transmitted to in accordance with State law, includes quirements of applicable law and regula­ the Corporation promptly after adoption; in its charter, constitution, or bylaws a tions and the institution’s charter, con­ (2) To amend § 563.2 by eliminating clear provision that all shareholders are stitution and bylaws, which opinion shall the requirement that the “ simple form members and shall share equally in earn­ be retained by the institution so long as of certificate” be approved by the Cor­ ings and in assets (except for bonus pay­ it continues to issue certificates in such poration; ments under a bonus plan) pro rata to form, and (ii) submitted a copy of such (3) To add a new § 563.3-1 to provide paid-in value, plus credited dividends, form of certificate, together with a copy for the issuance by State-chartered in­ and that the institution shall not di­ of such legal opinion, to the Federal sured institutions of certificates evidenc­ rectly or indirectly charge any member­ Savings and Loan Insurance Corpora­ ing savings deposits bearing a definite ship, admission, repurchase, withdrawal, tion. rate of return for a fixed period of time; or any other fee or sum of money for (c) Disclosure. Each certificate evi­ and the privilege of becoming, remaining, or dencing a savings deposit accepted pur­ ceasing to be a member of the institution, suant to the approval contained in para­ (4) To enlarge the provisions of may issue a simple form of savings or graph (a) of this section shall include in § 563.7-1 to cover approval of savings its provisions and display in easily read deposits accepted by Federal savings and investment certificate or a passbook, which need not contain any member­ type: - loan associations with a definite return ship certificate or any statement of the (1) A full and understandable state­ and a definite maturity. dividend, withdrawal, or other rights of ment of the method of maturing the con­ Accordingly, it is proposed to amend members. tract of deposit; said Part 563 as follows: 3. Add a new § 563.3-1, immediately (2) The rate of interest to be paid; _ 1. Amend § 563.1 by revising it to readafter § 563.3, to read as follows: (3) The amount of the deposit; as follows : § 563.3—1 Savings deposits for fixed (4) The term of the deposit; § 563.1 Forms o f certificates and pass­ periods of time. (5) The penalty or penalties imposed books; submission of forms of in­ for withdrawal prior to completion of the vestment contracts and bylaws; fur­ (a) General approved. A State-char­ fixed term or renewal; nishing members with copy of tered institution which, in accordance ( 6 ) Any provisions relating to renewal charter and bylaws. with State law, may accept deposits and at the conclusion of the fixed term; and pay interest thereon and whose board of At the time of the application for in­ (7) Any provisions relating to the in­ directors has adopted a resolution pro­ terest to be paid after the conclusion of surance, every applicant (except a Fed­ viding for the issuance of savings de­ eral savings and loan association) shall a fixed term or renewal. posits which bear a definite return for (d) Withdrawal prior to expiration of submit to the Corporation for approval fixed periods of time may, subject to the copies of all savings account, share, term. A certificate issued by an insured limitations contained in paragraph (b) institution may provide that, in an emer­ membership, stock and deposit certifi­ of this section and to the disclosure pro­ cates, passbooks, and other forms of in­ gency where it is necessary to prevent visions contained in paragraph (c) of great hardship to the holder of a fixed vestment contracts proposed to be is­ this section, issue certificates evidencing sued by the applicant as an insured in­ term savings deposit, the institution may such savings deposits in such form as pay, prior to the expiration of the term, stitution; it shall also submit for such the board of directors of the institution approval its charter, constitution, and such savings deposit or the portion may determine. thereof necessary to meet such emer­ bylaws, and all amendments thereto, (b) Limitations. In issuing certificates affecting its securities and investment gency; Provided, That before such pay­ evidencing savings deposits pursuant to ment may be made, the depositor must contracts. No insured institution (except the approval contained in paragraph (a) a Federal savings and loan association) sign an application describing fully the of this section, no insured institution circumstances constituting the emer­ shall issue any form of savings accounts, shall : share, stock, membership or deposit cer­ gency which is deemed to justify the (1) Provide for the payment of inter­ payment of the withdrawal, which appli­ tificates, passbooks, or other investment est on any savings deposit in excess of contract which has not been submitted cation shall be ( 1 ) approved by an officer the applicable maximum rate of return to the Corporation for approval. No in­ of the association who shall certify that, prescribed in Part 569 of this subchapter; sured institution shall issue any such to the best of his knowledge and belief, (2) Provide for any forfeiture for form which has been disapproved in the statements in such application are breach of condition on the part of any writing by the Corporation. Any insured true and (2 ) retained by the association institution which amends its charter, depositor, other than loss of interest, or for a period of not less than 2 years; and constitution, or bylaws affecting its se­ partial loss thereof, for the term of the that, in the event of emergency with­ savings deposit or other specified time drawal as provided in this paragraph, curities or investment contracts shall period; promptly transmit such amendments to the depositor shall forfeit accrued and the Corporation. Except with the written (3) Issue any negotiable form of cer­ unpaid interest for a period of not less approval of the Corporation, no insured tificate evidencing a savings deposit; than 3 months on the amount with­ institution may issue or have outstand­ (4) Deny any member the opportunity drawn if an amount equal to the amount to make any savings deposit at the same withdrawn has been on deposit 3 months ing any class of insured account having rate offered to any other member at that or more, and the depositor shall forfeit preference, either as to time or amount time on the same classification of sav­ all accrued and unpaid interest on the in the event of liquidation, over any ings deposits; amount withdrawn if an amount equal

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 PROPOSED RULE MAKING 6545 to the amount withdrawn has been on 1933, the association’s charter, and the views and arguments to the Office of the deposit less than 3 months. In the case rules and regulations for the Federal Secretary, Federal Home Loan Bank of emergency withdrawal of only a por­ Savings and Loan System (Subchapter Board, 101 Indiana Avenue NW „ Wash­ tion of any such savings deposit, the C of this chapter), all as now or here­ ington, D.C. 20552 by May 16, 1969, as to certificate evidencing such savings de­ after in effect, relating to the type, form, whether this proposal should be adopted, posit shall be canceled, and, if the mini­ return, and maturity thereof are, as to rejected or modified. Written material mum balance requirements of this sec­ type (as referred to in subdivision (c) of submitted will be available for public tion continue to be met, a new certificate section 401 of the National Housing Act) inspection at the above address unless shall be issued for the remaining portion and form, return, and maturity (as re­ confidential treatment is requested or of the savings deposit with the same ferred to in those parts of the third the material would not be made avail­ term, rate, and dates as the original sentence of subsection (b) of section 403 able to the public or otherwise disclosed savings deposit. of said Act, which refer to the form, under § 505.6 of the General Regulations of the Federal Home Loan Bank Board 4. Amend § 563.7-1 to read as follows: return, and maturity of securities), here­ (12 CFR 505.6). § 563.7—1 Savings deposits or shares of by approved by the Corporation. Federal savings and loan associations. By the Federal Home Loan Bank (Secs. 402, 403, 48 Stat. 1256, 1257, as Savings deposits or shares of any Fed­ amended; 12 U.S.C. 1725, 1726. Reorg. Plan Board. eral savings and loan association which No. 3 of 1947, 12 P.R. 4981, 3 CFR 1943-48 [ seal ] G r e e n v il l e L. M illa r d , Jr., are in compliance with the provisions of Comp., p. 1071) Assistant Secretary. paragraph ( 1 ) of subsection (b) of sec­ Resolved further that interested per­ [F.R. Doc. 69-4467; Filed, Apr. 15, 1969; tion 5 of the Home Owners’ Loan Act of sons are invited to submit written data, 8:50 a.m.]

FEDERAL REGISTER, VOL 34, NO. 72— WEDNESDAY, APRIL 16, 1969 6546 Notices

issuance of historical licenses for the im­ DEPARTMENT OF THE INTERIOR portation of cheese subject to the import DEPARTMENT OF HEALTH, EDU­ quotas provided for in items 950.10B, Bureau of Land Management 950.10C, and 950.10D of Appendix 3 CATION, AND WELFARE [ C-8085 ] of the Tariff Schedules of the United States on the basis of eligibility estab­ Food and Drug Administration COLORADO lished in accordance with the provisions CHEMAGRO CORP. Notice of Classification of Public Lands of the notice published in the F ederal R egister of November 5, 1968 (33 F.R. Notice of Filing of Petition Regarding for Multiple-Use Management 16163). These import quotas, in general, Pesticide Chemicals A p r il 8 , 1969. cover Swiss or Emmenthaler cheese with eye formation, Gruyere-process cheese; Pursuant to the provisions of the Fed­ In F.R. Doc. 69-2382 appearing at eral Food, Drug, and Cosmetic Act (sec. page 2677 of the issue for Thursday, and cheese and substitutes for cheese containing, or processed from, such 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a February 27, 1969, the following changes ( d ) ( 1 )), notice is given that a petition should be made: cheese, and “Other” cheese and substi­ tutes for cheese provided for in items (PP 9F0810) has been filed by Chemagro 1. Second paragraph No. 2 should be 117.75 and 117.85, Part 4C, Schedule 1 Corp., Post Office Box 4913, Hawthorn No. 3. of the Tariff Schedules of the United Road, Kansas City, Mo. 64120, proposing 2. Paragraph numbered 3 should be States, having a purchase price under the establishment of tolerances (21 CFR No. 4. 47 cents per pound. Part 120) for negligible residues of the insecticide O-ethyl 0-2,4,5-trichloro- 3. Second paragraph No. 3 should be The notice of November 5, 1968, pro­ phenyl ethylphosphonothioate in or on No. 5. vided for the submission of records evi­ the raw agricultural commodities: Leafy E. I. R o w l a n d , dencing the quantity and purchase price vegetables, sugar beets, and sweetpota- State Director. of such cheese imported during 1967. toes at 0 .1 part per million; and corn [F.R. Doc. 69-4456; Filed, Apr. 15, 1969; The notice stated that copies of duty 8:49 am .] (grain and fodder) at 0.03 part per paid Customs Entry Forms No. 7501 or million. Customs Warehouse Withdrawal Forms [C-8085] No. 7505 provided the most acceptable The analytical method proposed in the evidence but provided for the submis­ C. A. Anderson published in “Journal of COLORADO sion of other records if these forms were Agricultural and Food Chemistry,” vol. Notice of Proposed Classification of not available. petition for determining residues of the insecticide is that of D. B. Katague and Examination of certain invoices asso­ Public Lands for Multiple-Use 14, pages 505-508 (1966). Management ciated with the respective Forms No. 7501 A p r il 7, 1969. has revealed that in some cases adjust­ Dated: April 9,1969. ment in the historical quota shares of The Notice of Proposed Classification importers would appear to be justified. R . E. D uggan, appearing as F.R. Doc. 68-14979, page Any person who has reason to believe Acting Associate Commissioner 18631 of the issue for Tuesday, Decem­ that his base period imports were not for Compliance. ber 17, 1968, is hereby amended to in­ accurately reflected in his Customs [F.R. Doc. 69-4404; Filed, Apr. 15, 1969; clude the following lands which were in­ Forms 7501 or the Customs Warehouse 8:45 a.m.] advertently omitted. Withdrawal Forms 7505 may elect to N ew M exico P r in c ip a l M erid ian, Colorado submit for review all of the invoices of GLIDDEN CO. SAN JUAN AND OURAY COUNTIES his importations in 1967 of the cheeses specified. Invoices must be furnished for Notice of Filing of Petition R e g a r d in g T. 42 N., R. 6 W., all importations of the cheeses specified Food Additives Secs. 4, 9,15, 16, and 21. above regardless of price; a selective re­ T. 43 N., R. 6 W., Pursuant to the provisions of the Fed­ Secs. 4, 5, 6, 7, 8, and 9; view covering less than an importer’s Secs. 19,28, 29, 30, 31, 32, and 33. total importations of such cheeses from eral Food, Drug, and Cosmetic Act (sec. T. 43 N., R. 7 W., all countries will not be made. 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 Secs. 12, 13, and 24. The historical quota share of licensees (b) (5 )), notice is given that a petition The area described aggregates approx­ for the cheeses described above will be (FAP 9H2401) has been filed by The determined, beginning July 1, 1969, on imately 4,300 acres of public land. Glidden Co., 900 Union Commerce Build­ the basis of the records submitted pur­ E. I. R o w l a n d , suant to the notice of November 5, 1968, ing, Cleveland, Ohio 44115, proposing the State Director. adjusted on the basis of records sub­ issuance of a food additive regulation (21 [F.R. Doc. 69-4457; FUed, Apr. 15, 1969; mitted pursuant to this notice. Requests CFR Part 121) to provide for the safe use 8:49 am .] for review, accompanied by full and of dichlorodifluoromethane as a carrier complete documentation, must be re­ gas for and diluent of ethylene oxide ceived not later than May 1,1969, by the used as a fumigant for the control o DEPARTMENT OF AGRICULTURE Chief, Import Branch, Foreign Agricul­ micro-organisms and insect infestation Foreign Agricultural Service tural Service, U.S. Department of Agri­ in ground spices and other processed nat­ culture, Washington, D.C. 20250. ural seasoning materials except mixtures IMPORT QUOTAS with added salt. Issued at Washington, D.C., this 10th Submission of Information for Review day of April 1969. Dated: April 9,1969. of Historical Quota Share of Li­ uggan R a y m o n d A . I o a n e s , R. E. D , censees for Importation of Certain Acting Associate Commissioner Administrator, for Compliance. Cheese Foreign Agricultural Service. Import Regulation 1, Rev. 4, Amend­ [F.R. Doc. 69-4474; Filed, Apr. 15, 1969; [F.R. Doc. 69-4405; Filed, Apr. 15, 1969; ment 1 (34 F.R. 923) provides for the 8:51 a.m.] 8:45 a.m.]

FEDERAL REGISTER, V O L 34, NO. 72— WEDNESDAY, APRIL 16, 1969 NOTICES 6547

[Docket No. F D C -D -1 17; NDA No. 15-497] primary containment and to provide ad­ DEPARTMENT OF ditional information on the startup or­ VASCULAR PHARMACEUTICAL CO., ganization and on secondary contain­ INC. AND EDISON PHARMACEUTI­ ment leakage tests. On the basis of the CAL CO., INC. TRANSPORTATION review of this information, the Commis­ Office of the Secretary sion has concluded that there should be Cothyrobal; Notice of Scheduling of no change in the conclusions as to the Hearing and Prehearing Conference ST. LAWRENCE SEAWAY DEVELOP­ safety of the facility. The Division of Re­ Notice is hereby given to Vascular MENT CORPORATION actor Licensing has prepared an adden­ Pharmaceutical Co., Inc., 432 Mineola Notice of Designation of Acting dum to the safety evaluation dealing with the penetration design change. Boulevard, Williston Park, Long Island, Administrator N.Y. 11596, and Edison Pharmaceutical Copies of both the application amend­ Co., Inc., Chrysler Building, 42d and Lex­ I hereby designate Brendon T. Jose, ments and addendum are available for ington Avenues, New York, N.Y., 10017, Assistant Administrator, St. Lawrence public inspection in the Commission’s that in accordance with the provisions Seaway Development Corporation, to act Public Document Room, 1717 H Street of section 505 of the Federal Food, Drug, as Administrator, St. Lawrence Seaway NW „ Washington, D.C. and Cosmetic Act (21 U.S.C. 355) and Development Corporation, and to per­ The license was issued as set forth in Part 130, the new-drug regulations (21 form the duties and exercise the powers the Notice of Proposed Issuance of Pro­ CFR Part 130), a hearing will be held in of the Administrator until further notice. visional Operating License published in the matter of the proposal of the Com­ This designation becomes effective on the F ederal R egister on December 27, missioner of Food and Drugs to refuse April 5, 1969. 1968, 33 F.R. 19860, except for (l)_th e to approve new-drug application. No. Issued in Washington, D.C., on April 2, addition of a reference to application 15-497 for marketing the drug Cothyro­ 1969. Amendments Nos. 50, 51, and 52 in para­ bal. Said hearing will begin at 10 a.m., Jo h n A. V o lpe , graph a. of the findings, (2 ) the correc­ May 19,1969, in Room 4169, North Build­ Secretary of Transportation. tion of clerical errors on page 2 , para­ ing, Department of Health, Education, graphs 1 . and 2 .C. of the proposed license, [F.R. Doc. 69-4434; Filed, Apr. 15, 1969; (3) the revision of paragraph 3.A. to re­ and Welfare, 330 Independence Avenue 8:47 a.m.] SW., Washington, D.C. 20201. flect the limitation of power level to five Evidence and arguments may be pro­ megawatts thermal, and (4) the correc­ duced at the hearing to show why the tion of certain typographical and cleri­ proposed order of the Commissioner to cal errors in the Technical Specifications, refuse to approve said application on the ATOMIC ENERGY COMMISSION as set forth in the errata sheet attached grounds and for the reasons set forth in [Docket No. 50-219] to the Technical Specifications as issued the notice of opportunity for hearing with Provisional Operating License No. published in the F ederal R egister of JERSEY CENTRAL POWER & LIGHT CO. DPR-16. A copy of the license, complete January 8 , 1969 (34 F.R. 273), should not Notice of Issuance of Provisional with Technical Specifications and errata be issued. The Food and Drug Adminis­ sheet, is available for public inspection tration may also produce evidence and Operating License in the Commission’s Public Document argument relevant and material to the Notice is hereby given that no request Room, 1717 H Street NW., Washington, subject matter of the hearing. for a hearing by the applicant or peti­ D.C. Notice is further' given to Vascular tion for leave to intervene by any in­ Dated at Bethesda, Md., this 9th day Pharmaceutical Co., Inc., and Edison terested person having been filed follow­ of April 1969. Pharmaceutical Co., Inc. that, in accord­ ing publication of the notice of pro­ For the Atomic Energy Commission. ance with § 130.18 Prehearing and other posed action in the F ederal R egister, the conferences (21 CFR 130.18), a prehear­ Atomic Energy Commission has issued P eter A. M orris, ing conference in this matter will be held Provisional Operating License No. D PR- Director, beginning at 10 a.m., April 23, 1969, in 16 to Jersey Central Power & Light Co. Division of Reactor Licensing. Room 5169, North Building, Department (Jersey Central) authorizing the licensee [F.R. Doc. 69-4425; Filed, Apr. 15, 1969; of Health, Education, and Welfare, 330 to possess, use, and operate the Oyster 8:47 a.m.] Independence Avenue SW.,.Washington, Creek Nuclear Power Plant Unit No. 1, a D.C. 20201. All documentary evidence to single cycle, forced circulation, boiling be offered at the hearing shall be marked water nuclear reactor, located on Jersey for identification at this prehearing con­ Central’s site in Lacey Township, Ocean CIVIL AERONAUTICS BOARD ference. County, N.J. The reactor is designed to [Docket 18650; Order 69-4-55 i] The hearing and prehearing confer­ operate at approximately 1600 megawatts ence will be open to the public, except thermal, but initial operation will be INTERNATIONAL AIR TRANSPORT that any portion thereof that concerns a limited to five megawatts thermal and ASSOCIATION method or process which the Commis­ without the reactor head in place, to per­ sioner of Food and Drugs finds is entitled mit initial fuel loading and testing Commodity Description and to protection as a trade secret will not be pending ( 1 ) modification of the standby Codification System open to the public, unless the respondent gas treatment system, ( 2 ) additional re­ Adopted by the Civil Aeronautics specified otherwise in filing his appear­ view of the quality of certain piping in ance. Board at its office in Washington, D.C., the facility, and (3) evaluation of pre- on the 11th day of April 1969. The undersigned, a duly appointed operational testing of containment iso­ lation valves. By Order 68-12-1, dated December 2, Hearing Examiner as provided in 5 U.S.C. 1968, the Board announced its intention 3105 (80 Stat. 415), has been designated The Commission has inspected the fa­ to approve, subject to conditions, cer­ to conduct the hearing and prehearing cility and, for low power operation, has tain agreements embodied in the resolu­ inference announced herein, with full determined it has been constructed in authority to administer oaths, to take accordance with the application, as tions of the carrier members of the In ­ affirmations, and to do all other things amended, and the provisions of Con­ ternational Air Transport Association appropriate to the conduct of said pro­ struction Permit No. CPPR-15. (IA T A ) relating to the IA T A specific ceedings as set forth in Part 130 (21 CFR Since publication of the notice of the commodity rate system codification. In Part 130). proposed action, Jersey Central filed li­ general, the agreements provided for the Dated: April 9 , 1969. cense application Amendments Nos. 50, 51, and 52, dated February 27, 1969, W il l ia m E. B r e n n a n , 1 Agreement CAB 20705, covering a mail March 25, 1969, and March 25, 1969, re­ vote of the carriers to implement the WACCC Hearing Examiner. spectively, submitted at the Commis­ system on Mar. 1, 1969, was not previously [F.R. Doc. 69-4445; Filed, Apr. 15, 1969; sion’s request to document completely cited by the Board in Order 69-1-32, dated 8:48 a.m.] the design of penetrations through the Jan. 9, 1969.

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 6548 NOTICES transition of the current numbering sys­ We share the complainants’ concern Board’s regulations is that carriers must tem to a system based on the Stand­ to the extent that the transition to the file for public inspection rates and ard International Trade Classification new system may result in increased charges for all traffic carried. This re­ (SITC) of the United Nations. The pro­ rates for some commodities by the de­ quires that the public be able to ascer­ posed program has been identified as the parture from generic classifications now tain what commodities qualify for a cer­ Worldwide Air Cargo Commodity Classi­ used. We will, therefore, retain our tain rate, as well as to ascertain the rate fication (W ACCC). earlier proposed conditions to require applicable to a specific commodity, "Sfre Subsequently, in response to air freight that any appropriate description on any will, therefore, retain the condition as forwarder2 and shipper3 complaints, and article which is currently being accorded initially proposed. in the absence of formal carrier re­ a specific commodity rate in any market The Board would also remind the car­ sponses, the Board by Order 69-1-32, by any direct air carrier member of riers of its earlier comments relating to dated January 9, 1969, deferred approval IATA, and which may be omitted in the the interplay of varying rates and mini­ of the agreements. This was done with introduction of tariffs implementing the mum weights on particular articles un­ the view that public interest considera­ WACCC system, shall be reinstated by der different but generically related spe­ tions indicated that further refinements such carrier(s) prior to the effectiveness cific commodity descriptions, as well as might be appropriately considered at the date of the new tariff upon request and the additional interplay of general com­ upcoming worldwide cargo conference to presentation of appropriate evidence, modity rates at still other minimum be held this month in Athens. such as a carrier’s air waybill on a weights. These problems would be On February 17, 1969, Braniff Airways, previous shipment showing the descrip- avoided by tariff publication which sets Inc., Trans World Airlines, Inc., and tion(s) and the rate(s) assessed.® (A sim­ forth in one place the intended rate for Pan American World Airways, Inc., filed ple notification to interested carriers de­ each commodity at each normal weight a motion for leave to file an unauthor­ scribing the facts and action taken break and assures that shippers will al­ ized document; namely, a petition for re­ should suffice for all concerned.) ways be accorded the lowest rate to which consideration of the Board’s order de­ In order to provide the shipping public they are entitled, irrespective of the ferring approval.4 Only Emery Air opportunity to request such reinstate­ weight of the shipment, and without hav­ Freight Corp. (Emery) responded to the ment, as well as to give them the oppor­ ing to resort to a change in description. carriers’ pleadings, objecting to both the tunity to become familiar with the Our approval of the WACCC agreements motion to file an unauthorized document WACCC system of tariff filing, we will is accordingly conditioned. and the petition urging approval of the condition our approval of the agree­ Accordingly, pursuant to the Federal agreements upon reconsideration. ments so as to require that tariffs im­ Aviation Act of 1958, as amended, and The Board has concluded to approve plementing the WACCC system in air particularly sections 102, 204(a), 412, the agreements subject to conditions transportation be filed at least 60 days and 414 thereof: hereinafter .discussed and which are prior to the proposed effective date of It is ordered, That: substantially the same as those proposed the tariff. The Board further believes Agreements CAB 20705, 20380, and in the Board’s initial order. that the shipping public should have 20557 are approved: Provided, That in­ Emery’s objections to the carriers’ ample opportunity to review the WACCC sofar as air transportation as defined by pleading-and protests received during program as it would be reflected in tar­ the Act is concerned, approval shall be the course of the proceedings, to sum up, iffs unencumbered by any revisions in subject to the following conditions: reflect views that the WACCC would be the rate structure that may be agreed upon at Athens. Accordingly, the Board (a) Implementation thereof in the unnecessarily cumbersome, time consum­ tariffs of the carriers shall be filed at ing, and costly in its application; that would expect that tariffs implementing the WACCC system in air transportation least 60 days prior to the intended ef­ many specific articles heretofore accord­ fective date of the tariff, which shall ed specific commodity rates within the become effective prior to the effective­ ness generally of any revisions of the not be earlier than August 15, 1969; context of broad generic descriptions (b) Any article now accorded a specific have been omitted, thus resulting in rate commodity rates structure agreed upon at Athens. It is by no means our inten­ commodity rate at a stated minimum increases; and that the shipping public weight in a given market, which may had not been given sufficient time to tion by this condition to preclude sub­ sequent changes by the carriers in the have been omitted from the WACCC study the WACCC program prior to its compilation and/or the rate tariffs of the intended effectiveness. WACCC program or their rate tariffs through their normal rate-making ma­ carriers, shall be promptly reinstated We observe that there is room for im­ chinery, but rather to assure that rate upon request of a shipper or consignee; provement under the current system. As increases will not result by virtue of the (c) Both the alphabetical and numeri­ (stated in the initial order and com­ transition from one system to another. cal versions of the WACCC system and mented on by the carriers, we believe The carriers in their petition object subsequent amendments thereto or re­ that the WACCC program through the to the proposed condition in Order 68- issues thereof shall be filed with the use of more refined descriptions will con­ 1 2 - 1 requiring a numerical index of the Board in tariff form as a single publica­ tribute to improved accuracy in rating WACCC system be filed as a tariff. We tion, and the primary listing of generic and that it will facilitate the compila­ believe the condition is essential. The descriptions in the numerical list shall be tion of needed statistical data. As dis­ WACCC system encodes all commodities cussed below the Board will attach con­ accompanied by a listing of those articles into numerals, and, of course, with the which are embraced with such generic ditions to its approval which should, to a alphabetical index a transition can be descriptions; significant degree, meet the objections made from any item to its numerical noted in the protests received. In these (d) Upon the implementation of the equivalent. However, without the nu­ WACCC system, tariff publications shall circumstances the Board believes that merical index a person could not ascer­ the carriers should have an opportu­ set forth the intended rate for each com­ tain in an orderly manner the identity modity at each normal weight break; nity to introduce this new system which, of a commodity taking a certain rate, (e) Amendments to or reissues of the among other things, calls for greater since it would be indicated only by num­ specificity in commodity descriptions. ber. The basic scheme of the Act and the WACCC indices shall be filed with the Board as agreements pursuant to section 2 Panalpina Airfreight System, Emery Air 412 of the Act, and approved by the Freight Corp., Deutsches Luftfrachtkontor B The Board also notes that a mixture of Board prior to being placed into effect or G.m.b.H & Co. several commodities under current tariffs filed in tariff form in air transportation, 3 Honeywell, Inc., Radio Corp. of America, might be charged rates based on the aggre­ and Control Data Corp., J. C. Penney Co., Inc., gate weight of the entire shipment, whereas AMP International, Squibb International, under the WACOC system such mixed ship­ (f) Approval of the agreements shall Western Electric, and Pfizer International, ments might result in the separate (and not constitute approval of the form or Inc.; the National Export Traffic League, Inc. higher) rating of the separate articles at content of tariffs, nor approval of the 4 The Board will accept the carriers’ filings their separate weights. In such instances, specific commodity descriptions con­ and Emery’s opposition thereto, since the the Board intends that the carrier(s) rein­ substantive issues are of such import as to state such "mixtures” of articles as a com­ tained in the WACCC indices for pur­ warrant consideration on their merits. posite commodity item. poses of tariff publication.

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 NOTICES 6549

This order will be published in the This order will be published in the stop authority in the San Jose-Portland F ederal R egister. F ederal R egister. market and two-stop authority in the San Jose-Seattle market2 and that these By the Civil Aeronautics Board: [ seal] H arold R . S anderson, Secretary. two markets are in issue in the pending [ seal] H arold R . S anderson, Pacific Northwest-Califomia Investiga­ Secretary. [FJL Doc. 69-4470; Filed, Apr. 15, 1969; tion, Docket 18884. 8:50 a.m.] [F.R. Doc. 69-4469; Filed, Apr. 15, 1969; On March 3, 1969, Air West filed a 8:50 a.m.] petition for reconsideration of Order 69- [Dockets Nos. 20582, 20431; Order 69-4-58] 2-39. In support of its petition Air West alleges, in pertinent part, that the car­ [Docket 18650; Order 69-4-54] AIR WEST, INC. rier is now willing to accept a restriction INTERNATIONAL AIR TRANSPORT Order Regarding Certificate of Public which would assure that the carrier ASSOCIATION would not receive improved authority in Convenience and Necessity the San Jose-Portland/Seattle markets. Specific Commodity Rates Adopted by the Civil Aeronautics Western Air Lines, Inc., has filed a Board at its office in Washington, D.C., letter in opposition to Air West’s petition Issued under delegated authority for reconsideration. April 10, 1969. on the 11th day of April 1969. By this order we are directing inter­ Upon consideration of the foregoing An agreement has been filed with the and other relevant facts, we have decided Board pursuant to section 412(a) of the ested persons to show cause why Air West, Inc. (Air West), should not be to grant the petitions of Air West and Federal Aviation Act of 1958 (the Act) to issue an order to show cause why the and Part 261 of the Board’s economic awarded the route authority requested in two recent applications of the carrier: coterminal point San Francisco on Air regulations, between various air carriers, West’s segments 1 and 4 should not be foreign air carriers, and other carriers, Docket 20582, in which Air West re­ quests the consolidation of segments 1 redesignated as the hyphenated point embodied in the resolutions of the Joint San Francisco-San Jose and why seg­ Conferences of the International Air and 4 of its route 76;1 and Docket 20431, in which Air West requests that the co- ments 1 and 4 should not be consoli­ Transport Association (IA T A ), and- dated. The foregoing route award will adopted pursuant to the provisions of terminal point San Francisco on seg­ ments 1 and 4 be redesignated as the be subject to a two-stop restriction in the Resolution 590 dealing with specific com­ Portland-San Jose market and a three- modity rates. hyphenated point San Francisco-San Jose. stop restriction in the Seattle-San Jose The agreement, adopted pursuant to market.® Air West’s application requesting the unprotested notices to the carriers and For the reasons set forth below, we promulgated in an IA TA letter dated consolidation of segments 1 and 4 was tentatively find and conclude that the March 25, 1969, names an additional filed on December 20, 1968, and the car­ public convenience and necessity require, rier contemporaneously filed a petition specific commodity rate which reflects a and that the Board should order, the significant reduction from the general requesting the above-described authority above-described amendments of Air cargo rates and, in addition, cancels by show cause order. West’s certificate for route 76. With other rates. These rates are set forth Numerous civic parties have filed respect to the hyphenation of San Jose below. answers in support of Air West’s petition with San Francisco, we tentatively find R-59 Canceled Rate: for a show cause order. Braniff Airways, that the proposed redesignation will per­ Commodity Item 4700— Machinery and Inc., has filed an answer stating that mit Air West to obtain greater opera­ T ools, n.e.s.—Excluding Steamship Braniff does not object to the proposed tional flexibility,4 and that the proposed and/or Motorship Machinery Parts. 270 consolidation provided that the restric­ redesignation will contribute to the cents per kg., minimum weight 500 kgs. tions concerning nonstop operations be­ alleviation of congestion at the San New York to Addis Ababa. tween Seattle, Portland, San Francisco, R-60 Additional Rate: Francisco airport.5 Additionally, we find Los Angeles, and San Diego are pre­ that the hyphenation of San Jose, as Commodity Item 0600— Meat, including served. Western Air Lines, Inc., has filed Slaughtered Poultry and Game. 75 cents restricted herein, will not result in any per kg., minimum weight 2,000 kgs. a letter stating that Western does not prejudice to the applicants in the Sydney to West Coast. 100 cents per kg., object to the proposed consolidation: Pacific Northwest-California Investiga­ minimum weight 2,000 kgs. Sydney to Provided, That restriction 7, requiring tion, Docket 18884, in which nonstop East Coast. that flights between Seattle and a point service between San Jose and Port- Pursuant to authority duly delegated south of Portland also serve Portland, is land/Seattle is in issue. The route award by the Board in the Board’s Regulations, preserved. proposed herein will be subject to a two- 14 CFR 385.14, it tentatively is not found With respect to the hyphenation of stop restriction in the Portland-San Jose that the subject agreement is adverse to San Jose with San Francisco, Air West’s market and a three-stop restriction in the public interest or in violation of the petition for a show,, cause order granting the Seattle-San Jose market. Air West’s Act, provided that tentative approval this authority was denied by the Board existing authority permits two-stop thereof is conditioned as hereinafter in Order 69-2-39, dated February 10, ordered. 1969, on the ground, inter alia, that the hyphenation would give Air West one- 2 Air West presently has two-stop authority Accordingly, it is ordered That: in the San Jose-Portland market and three- Action on Agreement CAB 20745, R-59, stop, authority in the San Jose-Seattle and R-60, be and hereby is deferred with 1 Air West’s segment 1 reads: market. a view toward eventual approval, pro­ “Between the coterminal points San Fran­ 3 Additionally, existing restrictions apply­ cisco and Oakland, Calif., the intermediate ing to points on segments 1 and 4 will be vided that approval shall not constitute points Sacramento, Santa Rosa, Marysville - preserved. approval of the specific commodity de­ Y uba City, Chico, Red Bluff-Redding, 4 For example, in the San Jose-Port­ scriptions contained therein for purposes Eureka-Arcata, and Crescent City, Calif., and land/Seattle markets in which Air West of tariff publication. the terminal point Portland, Oreg.” presently provides service via San Francisco Segment 4 reads: and other intermediate points, one of the Persons entitled to petition the Board “Between the terminal point Seattle, carrier’s hops is between San Jose and San tor review of this order, pursuant to the Wash., the intermediate points Tacoma, Francisco, a distance of only 32 miles. Olympia, and Aberdeen-Hoquiam, Wash., 6 Cf. Order E-25644, dated Sept. 7, 1967, in Board’s regulations, 14 CFR 385.50, may, Astoria-Seaside, Portland, Albany-Corvallis, which the Board amended the certificates of within 10 days after the date of service Eugene, Bend-Redmond, North Bend-Coos six air carriers to redesignate San Francisco 0 order, file such petitions in sup­ Bay, Roseburg, Medford, and Klamath Falls, as the hyphenated point San Francisco-San port of or in opposition to our proposed Oreg., and Sacramento, Calif., and the coter­ Jose in order to mitigate the congestion minal points Oakland and San Francisco, problem at San Francisco International action herein. Calif.’’ Airport.

FEDERAL REGISTER, VOL 34, NO. 72— WEDNESDAY, APRIL 16, 1969 No.72- 5550 NOTICES

Portland-San Jose service and three- its certificate of public convenience and The Board has been notified by the stop Seattle-San Jose service. necessity as set forth in (a) above sub­ Federal Aviation Administration that a In support of our ultimate conclusion ject to a two-stop restriction in the San communication has been received from that .segments 1 and 4 should be con­ Jose-Portland market and a three-stop the Ministry o f Aeronautics of Peru solidated, we tentatively find that the restriction in the San Jose-Seattle which states that the Government of consolidation will result in increased market; Peru has canceled the operating authori­ operating flexibility for Air West, en­ 2. Any interested person having ob­ zation which had been given to RIPSA abling the carrier to offer improved serv­ jection to the issuance of an order mak­ to engage in foreign air transportation ice to the public; that as a result of con­ ing final any of the proposed findings, of property over the above described solidation the carrier will have new sup­ conclusions, or certificate amendments route. In addition, the Peruvian Gov­ port traffic available from certain ad­ set forth herein shall, within ten ( 1 0 ) ernment has stated that it has no objec­ jacent intermediate points between some days after service of a copy of this order, tion to the cancellation of RIPSA’s per­ of which Air West will provide the first file with the Board and serve upon all mit by the U.S. Government. direct service; 8 that the consolidation persons made parties to this proceeding a Based upon the foregoing, the Board will permit Air West to achieve a more statement of objections together with a tentatively finds that the foreign air effective utilization of its aircraft by summary of testimony, statistical data, carrier permit now held by RIPSA should eliminating circuitous routings between and other evidence expected to be relied be canceled, and that, unless objections low-density markets; that the improved upon to support the stated objections; 8 are received within 2 0 days from the date service offered to thè public will attract 3. I f timely and properly supported of service of this order, the Board should additional traffic and increase the car­ objections are filed, full consideration make such tentative findings final and rier’s revenues; and that consolidation will be accorded the matters and issues submit to the President for his approval of segments 1 and 4 will not result in any raised by the objections before further a final order canceling the said permit meaningful diversion of revenues from action is taken by the Board; Accordingly, it is ordered: any other carrier. 4. In the event no objections are filed, 1. That all interested persons are di­ Accordingly, we tentatively find that all further procedural steps will be rected to show cause why the Board the public convenience and necessity re­ deemed to have been waived and the should not issue an order which would quire the amendment of Air West’s cer­ Board may proceed to enter an order in make final the tentative findings and tificate in the manner requested, and accordance with the tentative findings conclusions herein and which would, therefore direct that interested persons and conclusions set forth herein; and subject to the approval of the President, show cause on or before April 21, 1969, 5. A copy of this order shall be served cancel the foreign air carrier permit why the Board should not make final its upon the city of San Jose, and points on held by Cia. Rutas Internacionales tentative findings herein and issue an Air West’s segments 1 and 4 and upon Peruanas, S.A. (R IP S A ); amended certificate to Air West contain­ carriers certificated to serve these points. 2. That any interested persons having ing the below-described revisions.7 We This order will be published in the objection to the issuance of such an order expect such persons to direct their ob­ F ederal R egister. shall file with the Board a statement of jections, if any, to specific markets and objections supported by evidence within to support such objections with detailed By the Civil Aeronautics Board. 2 0 days of service of this order; 1 answers, specifically setting forth the tentative findings and conclusions to [ seal] H arold R . S anderson, 3. That if timely and properly sup­ which objection is taken. Such objec­ Secretary. ported objections are filed, further con­ tions should be accompanied by argu­ [F.R. Doc. 69-4471; Filed, Apr. 15, 1969; sideration will be accorded the matters ments of fact or law and should be 8:50 ajn .] and issues raised by the objections before supported by legal precedent or detailed further action is taken by the Board; economic analysis. I f an evidentiary 4. That in the event no objections are hearing is requested, the objector Should [Docket No. 20905; Order 69-4-56] filed, all further procedural steps will be state in detail why such a hearing is CIA. RUTAS INTERNACIONALES deemed to have been waived and the Board may proceed to enter an order in considered necessary and what relevant PERUANAS, S.A. (RIPSA) and material facts he would expect to accordance with the tentative findings establish through such a hearing. Gen­ Statement of Tentative Findings and and conclusions set forth herein; and eral, vague, or unsupported objections Conclusions and Order to Show 5. That copies of this order shall be will not be entertained. served upon the following: Cia. Rutas In­ Accordingly, it is ordered, That: Cause Regarding Cancellation of ternacionales Peruanas, S.A. (RIPSA); Foreign Air Carrier Permit I. All interested persons are directed and the Ambassador of the Government to show cause on or before April 21, 1969, Adopted by the Civil Aeronautics of Peru. why the Board should not issue an order Board at its office in Washington, D.C., making final the tentative findings and on the 11th day of April 1969. This order will be published in the conclusions stated herein, and amend­ By Order E-18158, adopted March 12, F ederal R egister. ing the certificate of public convenience 1962, and approved by the President By the Civil Aeronautics Board. and necessity held by Air West for route March 27, 1962, the Board issued a for­ [ seal] H arold R . S anderson, 76 so as to eign air carrier permit to Cia. Rutas In- Secretary. (a) Redesignate the coterminal point temacionales Peruanas, S.A. (RIPSA) to San Francisco on segments 1 and 4 as engage in foreign air transportation with [F.R.. Doc. 69-4472; Filed, Apr. 15, 1969; the hyphenated point San Francisco- respect to property only between a point 8:50 a.m.] San Jose, and consolidate segments 1 or points in Peru, the intermediate point and 4 into a single segment; and Panama City, Panama, and the terminal [Docket No. 20831] (b) Make any service operated by Air point Miami, Fla. The permit also au­ West pursuant to an award amending thorizes its holder to engage in off-route INTERNACIONAL DE AVIACION, S.A. charter trips of property in foreign air transportation, subject to the terms, con­ Notice of Hearing «For example, the first direct service be­ ditions, and limitations prescribed by Notice is hereby given pursuant to the tween North Bend-Coos Bay and Crescent City and between Red Bluff-Redding and Part 212 of the Board’s economic regu­ Federal Aviation Act of 1958, as Klamath Falls will be offered by Air West. lations. amended, that a hearing in the above- Formerly, these adjacent north-south points entitled proceeding is assigned to be held were precluded from direct service because 6 All motions and/or petitions for reconsid­ on May 5,1969, at 10 a jn., ds.t., in Room they were on different segments. eration shall be filed within the period al­ »Air West should submit an estimate of lowed for filing of objections, and no further the first year’s gross transport revenues in­ such motions, requests, or petitions for * »mce provision is maue w i ** . crease, within the ranges specified in § 389.25 reconsideration of this order will be this order, petitions for reconsideration (a) (2) (i) of the Board's regulations. entertained. this order will not he entertained.

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 NOTICES 6551

911, Universal Building, 1825 Connecti­ be paid for the expense of travel and 7. I t is further ordered, That the ap­ cut Avenue NW., Washington, D.C, be­ transportation to his first post of duty. plicant herein shall, pursuant to section 311(a) (2) of the Commission’s rules, give fore the undersigned examiner. • U n it e d S tates C iv il S er v­ notice of the hearing, within the time Dated at Washington, D.C„ April 10, ic e C o m m is s io n , and in the manner prescribed in such 1969. [ s e a l ] J a m e s C. S p r y , Executive Assistant rule, and shall advise the Commission of [ seal] J o h n E. F a u l k , to the Commissioners. the publication of such notice as re­ Hearing Examiner. quired by § 1.594(g) of the rules. [F.R. Doc. 69-4455; Filed, Apr. 15, 1969; [F.R. Doc. 69-4473; Filed, Apr. 15, 1969; 8:49 a.m.] Adopted: April 2, 1969. 8:50 ajn .] Released: April 11, 1969.

F ederal C ommunications C o m m is s io n ,1 CIVIL SERVICE COMMISSION FEDERAL COMMUNICATIONS [ s e a l ] B e n F . W a p l e , DEPARTMENT OF COMMERCE COMMISSION Secretary, [F.R. Doc. 69-4466; Filed, Apr. 15, 1969; [Docket No. 18620; FCC 69-338] Notice of Grant of Authority To Make 8:50 a.m.] Noncareer Executive Assignment CUMBERLAND GAP BROADCASTING Under authority of § 9.20 of Civil Serv­ CO. ice Rule IX (5 CFR 9.20), the Civil Service Commission authorizes the De­ Order Designating Application for FEDERAL MARITIME COMMISSION partment of Commerce to fill by non­ Hearing on Stated Issues [Docket No. 69-13] career executive assignment in the ex­ Regarding application of Cumber­ cepted service the position of Deputy land Gap Broadcasting Co., Middlesboro, LYKES BROS. STEAMSHIP CO. INC. Under Secretary of Commerce. Ky., Requests: 92.7 mcs, No. 224; 2.97 General Increases in Rates in U.S. kw; 84 feet, Docket No. 18520, File No. U n it e d S tates C i v i l S er v­ Gulf/Puerto Rico Trade; Order of BPH-6026, for construction permit. ic e C o m m is s io n , Investigation [ seal] Jam es C. S p r y , 1. The Commission has under consid­ Executive Assistant to eration the above-captioned application There recently have been filed with the the Commissioners. for a new FM station at Middlesboro, Ky. Federal Maritime Commission by Lykes [F.R. Doc. 69-4453; Filed, Apr. 15, 1969; 2. The applicant corporation is li­ Bros. Steamship Co., Inc., the following 8:49 a.m.] censee of one of Middlesboro, Ky.’s two revised pages to its Tariff FMC-F No. 11 AM stations and is applying for the only which generally increase rates and FM channel assigned to the community. charges in the subject trade; DEPARTMENT OF HEALTH, In addition, applicant’s controlling stock­ Fifth Revised Page No. 49. EDUCATION, AND WELFARE holders publish Middlesboro’s only news­ Fourth Revised Page No. 53. paper, a daily. Ninth Revised Page No. 57-A. Notice of Grant of Authority To Make 3. After careful consideration of the Tenth Revised Page No. 57-B. Noncareer Executive Assignment application before us, we have concluded Fourth Revised Page No. 73. Fifth Revised Page No. 74. Under the authority of § 9.20 of Civil that the multiple ownership situation Fourth Revised Page No. 48-A. Service Rule IX (5 CFR 9.20), the Civil here involved raises substantial questions Third Revised Page No. 65. Service Commission authorized the De­ as to concentration of control of media Third Revised Page No. 65-A. partment of Health, Education, and Wel­ of mass communications and as to Seventh Revised Page No. 36. fare to fill by noncareer executive as­ whether a grant would serve the public Third Revised Page No. 55. interest. Sixth Revised Page No. 40. signment in the excepted service the Fourth Revised Page No. 63. position of Deputy Director of Public 4. The applicant is qualified in other Fifth Revised Page No. 55. Information. respects, but in view of the foregoing, we Fifth Revised Page No. 75. find that the applicant must be desig­ Fourth Revised Page No. 79. U n it e d S tates C iv i l S er v­ nated for evidentiary hearing on the First Revised Page No. 43-A. ic e C o m m is s io n , issues set forth below. [ seal] J a m es C. S p r y , Upon consideration of said schedules 5. I t is ordered, That pursuant to sec­ Executive Assistant to and a protest thereto filed by Edward tion 309(e) of the Communications Act the Commissioners. Schmeltzer and Mario F. Escudero, 1140 of 1934, as amended, the application is Connecticut Avenue N W , Washington, IF.R. Doc. 69-4454; Filed, Apr. 15, 1969; designated for hearing at a time and 8:49 a.m.] D.C. 20036, attorneys for the Common­ place to be specified in a subsequent wealth of Puerto Rico, there is reason to order, upon the following issues. believe that the above-designated in­ SYSTEMS TRAINING ADMINISTRATOR, 1. To determine whether a grant of creased rates should be made the subject AUTOMATED LOGISTICS MANAGE­ this application would tend to create an of a public investigation and hearing to undue concentration of control over determine whether they are unjust, un­ MENT SYSTEM? AGENCY, ST. LOUIS, media of mass communications. MO. reasonable or otherwise unlawful under 2. To determine in light of the evi­ section 18(a) of the Shipping Act, 1916, Manpower Shortage dence adduced pursuant to the foregoing and/or sections 3 and 4 of the Inter­ Under the provisions of 5 U.S.C. 5723, issue, whether a grant of the subject ap­ coastal Shipping Act, 1933, and good the Civil Service Commission found a plication would serve the public interest, cause appearing therefore; manpower shortage on March 19, 1969, convenience and necessity. I t is ordered, That pursuant to the , °r * e single Position of Systems Train- 6 . It is further ordered, That to avail authority of section 22 of the Shipping Administrator (Chief, Systems Train- itself of the opportunity to be heard, the Act, 1916 and sections 3 and 4 of the j Division), ADP Systems Integration applicant, pursuant to § 1 .2 2 1 (c) of the Intercoastal Shipping Act, 1933, an in­ vestigation is hereby instituted into the TTc?A?0nversion Directorate, GS-301-13, Commission’s rules, in person or by at­ ^AMC Automated Logistics Manage- torney shall, within twenty (2 0 ) days of lawfulness of said increased rates with nt Systems Agency, Department of the mailing of this order, file with the a view to making such findings and or­ the Army, st. Louis, Mo. This finding is Commission in triplicate, a written ap­ ders in the premises as the facts and pearance stating an intention to appear circumstances warrant. In the event the eu-canceling when the position is filled. on the date fixed for the hearing and ssumfng other legal requirements are present evidence on the issues specified 1 Commissioners Bartley and Robert E. Lee e » the appointee to this position may in this order. dissenting. Commissioner Wadsworth absent.

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 6552 NOTICES matter hereby placed under Investiga­ liver an additional 2,400 Mcf and 4,334 1969, and published in the F ederal Regis­ tion is further changed, amended, or Mcf of natural gas per day to Iowa- ter March 22, 1969, F.R. 34(5561), on reissued matter will be included in this Illinois and Northern Illinois Gas Co. page 19, 2 d column: Change Applicant’s investigation. (Northern Illinois), respectively. name to read “Lone Star Producing Co.” I t is further ordered, That Lykes Bros. The application states that Northern in lieu of “Lone Star Production Co.” re­ Steamship Co., Inc., be named as Illinois requires the additional gas in lated to Docket No. CI67-283. respondent in this proceeding; order to supply firm gas to several indus­ It is further ordered, That this pro­ trial customers, that Iowa-Illinois re­ G ordon M. G rant, ceeding be assigned for public hearing quires the changes in its daily contract Secretary. before an examiner of the Commission’s quantity because of a change in its mar­ [F.R. Doc. 69-4402; Filed, Apr. 15, 1969; Office of Hearing Examiners and that the ket development, and that New Jersey 8:45 ajn.] hearing be held at a date and a place Zinc requires the additional gas because to be determined and announced by the of certain problems with new equipment presiding examiner; which it has installed. It is further ordered, That (I) a copy Protests or petitions to intervene may FEDERAL RESERVE SYSTEM of this order shall forthwith be served on be filed with the Federal Power Com­ the respondent and protestant herein; mission, Washington, D.C. 20426, in ac­ FIRST WISCONSIN BANKSHARES (II) the said respondent and protestant cordance with the rules of practice and CORP. be duly notified of the time and place of procedure (18 CFR 1.8 or 1.10) and the Order Approving Application Under the hearing; and (III) this order be pub­ regulations under the Natural Gas Act Bank Holding Company Act lished in the F ederal R egister and notice (§157.10) on or before May 5, 1969. of said hearing be served upon Take further notice that, pursuant to In the matter of the application of respondent. the authority contained in and subject First Wisconsin Bankshares Corp., Mil­ All persons (including individuals, to the' jurisdiction conferred upon the waukee, Wis., for approval of acquisition corporations, associations, firms, part­ Federal Power Commission by sections 7 of 80 percent or more of the voting shares nerships, and public bodies) having an and 15 of the Natural Gas Act and the of The First National Bank of Rice Lake, interest in this proceeding and desiring Commission’s rules of practice and pro­ Rice Lake, Wis. to intervene therein, should notify the cedure, a hearing will be held without There has come before the Board of Secretary of the Commission promptly further notice before the Commission on Governors, pursuant to section 3(a) (3) and file petitions for leave to intervene this application if no petition to inter­ of the Bank Holding Company Act in accordance with rule 5(1) of the Com­ vene is filed within the time required of 1956 (12 U.S.C. 1842(a)(3)), and mission’s rules of practice and procedure herein, if the Commission on its own re­ § 222.3(a) of Federal Reserve Regulation [46 CFR 502.72] with a copy to all parties view of the matter finds that a grant of Y (12 CFR 222.3(a)), an application by to this proceeding. the certificate is required by the public First Wisconsin Bankshares Corp., Mil­ By the Commission. convenience and necessity. If a petition waukee, Wis., a registered bank holding for leave to intervene is timely filed, or company, for the Board’s prior approval [ seal] T h om as L i s i , if the Commission on its own motion be­ of the acquisition of 80 percent or more Secretary. lieves that a formal hearing is required, of the voting shares of The First Na­ [F.R. Doc. 69-4433; Filed, Apr. 15, 1969; further notice of such hearing will be tional Bank of Rice Lake, Rice Lake, Wis. 8:47 a.m.] duly given. As required by section 3(b) of the Act, Under the procedure herein provided the Board notified the Comptroller of for, unless otherwise advised, it will be the Currency of the application and re­ unnecessary for Applicant to appear or quested his views and recommendation. FEDERAL POWER COMMISSION be represented at the hearing. The Comptroller recommended approval of the application. [Docket No. CP69-255] G ordon M . G ran t, Notice of receipt of the application Secretary. NATURAL GAS PIPELINE COMPANY was published in the F ederal R egister OF AMERICA [F.R. Doc. 69-4426; Filed, Apr. 15, 1969; on November 2, 1968 (33 F.R. 16130), 8:47 a.m.] providing an opportunity for interested Notice of Application persons to submit comments and views with respect to the proposed transaction. A p r il 9, 1969. [Docket No. G-3072 etc.] A copy of the application was forwarded Take nptice that on April 1 , 1969, Nat­ HUMBLE OIL AND REFINING CO. to the U.S. Department of Justice for its ural Gas Pipeline Company of America ET AL. consideration. Time for filing comments (Applicant), 122 South Michigan Ave­ and views has expired and all those re­ nue, Chicago, 111. 60603, filed in Docket Findings and Order After Statutory ceived have been considered by the No. CP69-255 an application pursuant to Hearing; Correction Board. section 7 of the Natural Gas Act for a I t is hereby ordered, For the reasons certificate of public convenience and A p r il 3,1969. set forth in the Board’s statement1 of this necessity under section 7(c), and fpr an Humble Oil & Refining Co. and other Applicants listed, Docket No. G-3072 et date, that said application be and hereby order under section 7(b), approving and is approved, provided that the application permitting certain changes in its au­ al.; Lone Star Producing Co., Docket No. CI67-283. so approved shall not be consummated thorized daily contract quantities of (a) before the 30th calendar day follow­ sales to three of its existing customers, In the findings and order after statu­ ing the date of this order or (b) later all as more fully set forth in the petition tory hearing issuing certificates of pub­ than 3 months after the date of this on file with the Commission and open lic convenience and necessity, dismiss­ order, unless such period is extended for to public inspection. ing application, amending orders issuing good cause by the Board or by the Fed­ Specifically, Applicant seeks approval certificates, permitting and approving eral Reserve Bank of-Chicago pursuant to reduce its authorization to sell natural abandonment of service, terminating to delegated authority. gas to Iowa-Hlinois Gas and Electric certificates, reinstating proceeding, ter­ Co. (Iowa-Illinois) by 1,650 Mcf per day, minating proceeding, substituting re­ Dated at Washington, D.C., this 9th and seeks a certificate authorizing it im­ spondent, making successors co-respond­ day of April 1969. mediately to transport 1,650 Mcf of nat­ ents, redesignating proceeding, requiring ural gas per day for sale to the New filing of agreement and undertaking and * Filed as part of the original document Jersey Zinc Co. (New Jersey Zinc), an surety bond, accepting agreement and Copies available upon request to the Boara u existing direct sale customer of Appli­ undertaking and surety bond for filing, Governors of the Federal Reserve sy » cant, and authorizing it, effective on or and accepting related rate schedules and Washington, D.C. 2055L, or to the Feaer«» about December 1, 1969, to sell and de­ supplements for filing, issued March 13, Reserve Bank of Chicago.

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 NOTICES 6553

B y order of the Board of Governors.* order to be effective for the period April by mail (airmail if the person being 11, 1969, through April 20, 1969, both served is located more than 500 miles [ seal] R obert P. F orrestal, dates inclusive. from the point of mailing) upon the de­ Assistant Secretary. clarant at the above-stated address, and By the Commission. [F.R. Doc. 69-4427; Filed, Apr. 15, 1969; proof of service (by affidavit or, in case 8:47 a.m.] [ seal] O rval L. D u B o is , of an attorney at law, by certificate) Secretary. should be filed with the request. At any [F.R. Doc. 69-4429; Filed, Apr. 15, 1969; time after said date, the declaration, as 8:47 a.m.] filed or as it may be amended, may be GENERAL SERVICES ADMINIS­ permitted to become effective as pro­ vided in Rule 23 of the general rules and TRATION [70-4740] regulations promulgated under the Act, Property Management And Disposal GULF POWER CO. or the Commission may grant exemption Service from such rules as provided in Rules 20 Notice of Proposed Issue of First (a) and 10 0 thereof or take such other [Wildlife Order 87] Mortgage Bonds for Sinking Fund action as it may deem appropriate. Per­ PORTION, FORMER OLMSTED AIR Purposes sons who request a.hearing or advice as A p r il 10,1969. to whether a hearing is ordered will re­ FORCE BASE, SPAYDES ISLAND, ceive notice of further developments in MIDDLETOWN, PA. D-PA-526C Notice is hereby given that Gulf Power Co. (“Gulf” ) , Post Office Box 1151, Pen­ this matter, including the date of the Transfer of Property sacola, Fla. 32502, a public-utility sub­ hearing (if ordered) and any postpone­ ments thereof. Pursuant to section 2 of Public Law sidiary company of The Southern Co. 537, 80th Congress, approved May 19, a registered holding company, has filed For the Commission (pursuant to dele­ 1948 (16 U.S.C. 667c), notice is hereby a declaration with this Commission, pur­ gated authority). suant to the Public Utility Holding Com­ given that: ' [ seal] O rval L. DuBois, pany Act of 1935 (“Act” ) , designating 1. By deed from the United States of Secretary. America dated March 21,1969, the prop­ sections 6 (a) and 7 thereof as applicable to the proposed transaction. All inter­ [F.R. Doc. 69—4430; Filed, Apr. 15, 1969; erty known as Spaydes Island, portion 8:47 a.m.] of the former Olmsted Air Force Base, ested persons are referred to said decla­ Middletown, Pa., consisting of 1.22 acres ration, which is summarized below, for a of unimproved land, and more partic­ complete statement of the proposed PHOTO MARK COMPUTER CORP. ularly described in the deed, has been transaction. transferred from the United States to Gulf proposes, on or prior to June 1, Order Suspending Trading 1969, to issue $792,000 principal amount the Commonwealth of Pennsylvania. A p r il 10,1969. 2. The above-described property was of its first mortgage bonds, 3% percent It appearing to the Securities and Ex­ transferred for wildlife purposes in ac­ series due 1984, under the provisions of change Commission that the summary cordance with the provisions of section its indenture dated as of September 1, suspension of trading in the common 1 of said Public Law 537 (16 U.S.C. 667b). 1941, between Gulf and The Chase Man­ hattan Bank and the Citizens & Peoples stock of Photo Mark Computer Corp., Dated: April 9,1969. National Bank of Pensacola, as trustees, New York, N.Y., and all other securities of Photo Mark Computer Corp. being C u r tis A. Roos, as amended and supplemented, and to Assistant Commissioner for surrender such bonds to the trustees in traded otherwise than on a national Real Property Disposal. accordance with the sinking fund provi­ securities exchange is required in the sions. The bonds are to be identical with public interest and for the protection of [F.R. Doc. 69-4403; Filed, Apr. 15, 1969; investors; 8:45 a.m.] those authorized by the Commission on June 14, 1954 (Holding Company Act I t is ordered, Pursuant to section Release No. 12543) and are to be issued 15(c) (5) of the Securities Exchange Act on the basis of property additions, thus of 1934, that trading in such securities making available for construction and otherwise than on a national securities SECURITIES AND EXCHANGE other purposes cash which would other­ exchange be summarily suspended, this wise be required to satisfy the sinking order to be effective for the period fund requirement or to purchase bonds April 10, 1969 at 12 noon e.s.t., through COMMERCIAL FINANCE CORPORA­ for such purpose. April 19, 1969, both dates inclusive. TION OF NEW JERSEY The fees and expenses to be paid by By the Commission. Gulf in connection with the issue of the Order Suspending Trading bonds are estimated at $1,075, including [ seal] O rval L. D u B o is , charges of trustees of $625 and counsel Secretary. A p r il 10, 1969.' fee of $250. It is stated that The Florida It appearing to the Securities and Ex­ [F.R. Doc. 69-4431; Filed, Apr. 15, 1969; Public Service Commission must author­ 8:47 a.m.] change Commission that the summary ize the issue of the bonds, and that no suspension of trading in the common other State commission and no Federal stock and all other securities of Com­ commission, other than this Commission, mercial Finance Corporation of New has jurisdiction over the proposed SMALL DUSINESS 7 ^ New Jersey corporation) being transaction. ° ^ erwise than on a national se- Notice is further given that any inter­ urities exchange is required in the pub- ADMINISTRATION ested person may, not later than May 1, vestors-^ &nc* *or ^*le Protection of in- 1969, request in writing that a hearing MAPLETON CAPITAL CORP. be held on such matter, stating the na­ Notice of Surrender of License (ew Pursuant to section 15 ture of his interest, the reasons for such of Securities Exchange Act request, and the issues of fact or law Notice is hereby given that Mapleton nthovX • “ Î?* trading in such securities raised by said declaration which he de­ Capital Corp. (Mapleton) has, pursuant than on a national securities sires to controvert; or he may request to § 107.105 of the regulations governing ange be summarily suspended, this that he be notified if the Commission small business investment companies (13 should order a hearing thereon. Any such CFR Part 107, 33 FJt. 326), surrendered and^rtî!? ÎOr ^ i s action; Chairman Martin request should be addressed: Secretary, its license to operate as a small business j^pow eracw s Robertson, Mitchell, Maisel, Securities and Exchange Commission, investment company. lag. 0 ' y Sherrill. Absent and not vot- Washington, D.C. 20549. A copy of such Mapleton was incorporated on Janu­ s- Governor Daane. request should be served personally or ary 4, 1963, under the laws of the State

FEDERAL REGISTER, VOL 34, NO. 72— WEDNESDAY, APRIL 16, 1969 6554 NOTICES of California, and issued license No. 14- Protests against the use of any pro­ portion U.S. Highway 25, east of 0075 by the Small Business Administra­ posed deviation route herein described Cridersville, Ohio, thence over un­ tion on March 15,1963. may be filed with the Interstate Com­ numbered highway via Lima, Ohio, to Mapleton was licensed solely to oper­ merce Commission in the manner and junction U.S. Highway 25, thence over ate under the Small Business Investment form provided in such rules (49 CFR U.S. Highway 25 to Findlay, Ohio, thence Act of 1958, as amended (15 U.S.C., 661 2 1 1 .1 (e) ) at any time, but will not oper­ over unnumbered highway formerly et seq.). ate to stay commencement of the pro­ portion U.S. Highway 25) via North posed operations unless filed within 30 Findlay and Van Buren, Ohio, to junc­ Under the authority vested in the tion U.S. Highway 25, west of Bardstown, Small Business Investment Act of 1958, days from the date of publication. Successively filed letter-notices of the Ohio, thence over U.S. Highway 25 to as amended, and the regulations promul­ Toledo, Ohio; and (5) from Toledo, gated thereunder, the surrender of the same carrier under the Commission’s Deviation Rules Revised, 1957, will be Ohio, over U.S. Highway 25 to Detroit, license of Mapleton is hereby accepted, Mich., and return over the same routes. and accordingly, it is no longer licensed numbered consecutively for convenience in identification and protests if any No. MC 59680 (Deviation No. to operate as a small business invest­ 76), STRICKLAND TRANSPORTATION ment company. should refer to such letter-notices by number. CO., INC., Post Office Box 5689, Dallas, Dated: April 9,1969. Tex. 75222, filed April 3, 1969. Carrier M otor C arriers o f P r o pe r t y proposes to operate as a common carrier, A. H . S in g e r , by motor vehicle, of general commodi­ Associate Administrator No. MC 42487 (Deviation No. ties, with certain exceptions, over a devi­ for Investment. 77), CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, 175 ation route as follows: From Cleveland, [F.R. Doc. 69-4410; Filed, Apr. 15, 1969; Linfield Drive, Menlo Park, Calif. 94025, Ohio, over U.S. Highway 21 to the Ohio 8:45 a.m.] filed April 2, 1969. Carrier’s representa­ Turnpike, thence over the Ohio Turnpike J tive: V. R. Oldenburg, Post Office Box to junction Pennsylvania Turnpike, 5138, Chicago, 111. 60680. Carrier proposes thence over the Pennsylvania Turnpike to operate as a common carrier, by motor to Exit No. 6 at U.S. Highway 22, thence INTERSTATE COMMERCE vehicle, of general commodities, with over U.S. Highway 22 to Harrisburg, Pa., certain exceptions, over deviation routes thence over access roads to the Pennsyl­ COMMISSION as follows: (1) From Toledo, Ohio, over vania Turnpike, and return over the U.S. Highway 23 to Flint, Mich.; and (2) same route, for operating convenience FOURTH SECTION APPLICATION FOR from junction Interstate Highway 69 and only. The notice indicates that the car­ RELIEF Indiana Highway 67 at or near Pendle­ rier is presently authorized to transport A p r il 11,1969. ton, Ind., over Interstate Highway 69 to the same commodities, over pertinent junction Interstate Highway 94, thence service routes as follows: (1) From Protests to the granting of an appli­ over Interstate Highway 94 to Detroit, Cleveland, Ohio, over U.S. Highway 21 cation must be prepared in accordance Mich., and return over the same routes, to the Ohio Turnpike, thence over the with Rule 1100.40 of the general rules of for operating convenience only. The Ohio Turnpike to junction Pennsylvania practice (49 CFR 1100.40) and filed notice indicates that the carrier is pres­ Turnpike, thence over the Pennsylvania within 15 days from the date of publica­ ently authorized to transport the same Turnpike to junction New Jersey Turn­ tion of this notice in the F ederal commodities, over pertinent service pike, thence over the New Jersey Turn­ R e g ist e r . routes as follows: (1) From Toledo, pike to Newark, N.J.; and (2) from L o n g - a n d -S h o r t H a u l Ohio, over U.S. Highway 25 to Detroit, Philadelphia, Pa., over U.S. Highway 1 Mich.; (2) from Detroit, Mich., over U.S. to Newark, N.J., and return over the FSA No. 41614— Chrome coated tin mill Highway 10 to junction unnumbered same routes. black plate from Minnequa, Colo. Filed highway (formerly portion U.S. Highway No. MC 107838 (Deviation No. 2), H. by Southwestern Freight Bureau, agent 1 0 ), thence over unnumbered highway & S. MOTOR FREIGHT, INC., Sixth (No. B-28) , for interested rail carriers. to junction Michigan Highway 54 (for­ and Maple Streets, Eldon, Mo. 65026, Rates on chrome coated tin mill black merly portion U.S. Highway 10), thence filed April 1, 1969. Carrier’s representa­ plate, in carloads, from Minnequa, Colo., over Michigan Highway 54 to Flint, tive: Herman W. Huber, 101 East High to specified points in Texas. Mich.; (3) from Indianapolis, Ind., over Street, Jefferson City, Mo. 65101. Carrier Grounds for relief—Rate relationship. Indiana Highway 67 to junction Indiana proposes to operate as a common carrier, Tariff— Supplement 101 to Southwest­ Highway 9, thence over Indiana High­ by motor vehicle, of general commodities, way 9 to Anderson, Ind., thence over with certain exceptions, over a deviation ern Freight Bureau, agent, tariff ICC Indiana Highway 32 to Muncie, Ind., route as follows: From Eldon, Mo„ oyer 4753. thence over Indiana Highway 67 to the Missouri Highway 52 to junction Mis­ By the Commission. Indiana-Ohio State line, thence over souri Highway 5, thence over Missouri Ohio Highway 29 to St. Marys, Ohio, Highway 5 to junction U.S. Highway 50 [ s e a l ] H . N e il G a r s o n , thence over U.S. Highway 33 to junction at Tipton, Mo., thence over U.S. High­ Secretary. unnumbered highway (formerly portion way 50 to junction U.S. Highway 71 By­ [F.R. Doc. 69-4439; Filed, Apr. 15, I960; U.S. Highway 33), thence over unnum­ pass, thence over U.S. Highway 71 By­ 8:48 a.m.] bered highway to Wapakoneta, Ohio; pass to junction Interstate Highway 70, (4) from Cincinnati, Ohio, over U.S. thence over Interstate Highway 70 to Highway 42 (formerly portion .U.S. [Notice 546] Kansas City, Mo., and return over the Highway 25), to Sharon ville, Ohio, same route, for operating convenience MOTOR CARRIER ALTERNATE ROUTE thence over unnumbered highway (for­ only. The notice, indicates that the car­ DEVIATION NOTICES merly portion U.S. Highway 25) via rier is presently authorized to transport Gano, Monroe, Franklin, and Miamis- the same commodities, over a pertinent A p r il 11, 1969. burg, Ohio, to junction U.S. Highway 25 service route as follows: From Kansas The following letter-notices of pro­ (northeast of West Carrollton, Ohio), City, Kans., over U.S. Highway 50 to posals to operate over deviation routes thence over U.S. Highway 25 via Dayton, junction U.S. Highway 65, thence over for operating convenience only have been Ohio, to junction unnumbered highway U.S. Highway 65 to junction Missouri (formerly portion U.S. Highway 25), filed with the Interstate Commerce Highway 52, thence over Missouri High­ thence over unnumbered highway via way 52 to junction U.S. Highway 54, Commission, under the Commission’s Troy, Piqua, Sidney, Anna, and Botkins, thence over U.S. Highway 54 to junction Deviation Rules Revised, 1957 (49 CFR Ohio, to Wapakoneta, Ohio, thence over U.S. Highway 50, thence over U.S. High­ 2 1 1 .1 (c ) ( 8 ) ) and notice thereof to all Ohio Highway 67 (formerly portion U.S. way 50 to junction U.S. Highway 6®» interested persons is hereby given as Highway 25) to junction U.S. Highway thence over U.S. Highway 66 to East provided in such rules (49 CFR 211.1 25, thence over U.S. Highway 25 to junc­ Louis, 111., and return over the same ( d ) (4 )). tion unnumbered highway (formerly route.

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 NOTICES 6555

M otor C arriers o f P asseng er s necticut Highway 20, thence over Con­ HEARING: Remains as assigned necticut Highway 20 via Stafford, Conn., May 21,1969, before Joint Board No. 409, -No. MC 1515 (Deviation No. 517), to junction Connecticut Highway 15, or if the Joint Board waives its right to GREYHOUND LINES, INC. (Southern thence over Connecticut Highway 15 to participate, before Examiner- Samuel Division), 219 East Short Street, Lexing­ the Connecticut-Massachusetts State Horwich, at Denver, Colo., in Room 1430, ton, Ky. 40507, filed March 28,1969. Car­ line, thence over Massachusetts High­ Federal Office Building, 1961 Stout rier proposes to operate as a common way 15 via Holland, Mass., to Sturbridge, Street carrier, by motor vehicle, of Passengers Mass., thence over U.S. Highway 20 to No. MC 59680 (Sub-No. 166) (Repub­ and their baggage, and express and junction Massachusetts Highway 12, lication), filed November 4, 1968, pub­ newspapers in the same vehicle with pas­ thence over Massachusetts Highway 12 lished in the F ederal R eg ister issue of sengers, over deviation routes as follows: via Oxford and Auburn, Mass., to November 21, 1968, and republished this ( 1 ) Prom junction U.S. Highway 35 and Worcester, Mass., thence over Massachu­ issue. Applicant: STRICKLAND relocated U.S. Highway 35 just east of setts Highway 9 via Northboro, Westboro, TRANSPORTATION CO., INC., 3011 Centerville, Ohio, over relocated U.S. and Southboro, Mass., to Framingham, Gulden Avenue, Post Office Box 5689, Highway 35 to junction U.S. Highway 35 Mass., thence over Massachusetts High­ Dallas, Tex. 75222. Applicant’s represent­ northwest of Centerville, Ohio; and (2) way 135 to Wellesley, Mass., thence over ative: Oscar P. Peck (same address as from junction U.S. Highway 35 and re­ Massachusetts Highway 16 to Newton, applicant). By application filed Novem­ located U.S. Highway 35 southeast of Mass., thence over city streets to Wal­ ber 4, 1968, Strickland Transportation Winchester, Ohio, over relocated U.S. tham, Mass., thence over U.S. Highway 20 Co., Inc., of Dallas, Tex., seeks a certif­ Highway 35 to junction U.S. Highway 35 to Boston, Mass, (also from Worcester icate of public convenience and neces­ at Jackson, Ohio, and return over the over Massachusetts Highway 9 and U.S. sity authorizing operation, in interstate same routes, for operating convenience Highway 20 to Boston), and return over or foreign commerce, as a common car­ only. The notice indicates that the car­ the same route. rier by motor vehicle, over irregular rier is presently authorized to transport routes, of foodstuffs, canned or bottled, passengers and the same property, over a By the Commission. other than frozen, from the plantsite of pertinent service route as follows: Prom [ s e a l ] H . N e il G ar so n , Princeville Canning Co., at or near Belle- Chillicothe, Ohio, over U.S. Highway 35 Secretary. deau, La., to points in Illinois, Indiana, to junction relocated U.S. Highway 35 Kentucky, Michigan, Mississippi, Ohio, (near Centerville, O hio), Whence over re­ [F.R. Doc. 69-4440; Filed, Apr. 15, 1969; 8:48 a.m.] Tennessee, and Wisconsin; an Order of located U.S. Highway 35 to junction old the Commission, Operating Rights U.S. Highway 35 (approximately 2.2 Board, dated March 20, 1969, and served miles southeast of Rio Grande, Ohio), [Notice 1285] March 31, 1969, finds that the present thence over U.S. Highway 35 via and future public convenience and ne­ Gallipolis to Kanauga, Ohio, and return MOTOR CARRIER APPLICATIONS AND cessity require operation by applicant, in over the same route. CERTAIN OTHER PROCEEDINGS interstate or foreign commerce, as a No. MC 1940 (Deviation No. 17), common carrier by motor vehicle, over A p r il 11, 1969. TRAILWAYS OP NEW ENGLAND, INC., irregular routes, of unfrozen canned or 4000 Trailway Building, 1200 Eye Street The following publications are gov­ bottled foodstuffs, from the plantsite of NW., Washington, D.C. 20005, filed erned by the new Special Rule 1.247 of Princeville Canning Co. at Belledeau, La., March 28, 1969. Carrier’s representative: the Commission’s rules of practice, pub­ to points in Illinois, Indiana, Kentucky, Bruce E. Mitchell, 1735 K Street NW., lished in the F ederal R e g ist e r , issue of Michigan, Ohio, Tennessee, Wisconsin, Washington, D.C. 20006. Carrier proposes December 3, 1963, which became effec­ and Missouri; that applicant is fit, will­ to operate as a common carrier, by motor tive January 1, 1964. ing, and able properly to perform such vehicle, of passengers and their baggage, The publications hereinafter set forth service and to conform to the require­ and express and newspapers in the same reflect the scope of the applications as ments of the Interstate Commerce Act vehicle with passengers, over a-deviation filed by applicant, and may include de­ and the Commission’s rules and regula­ route as follows: Prom Worchester, scriptions, restrictions, or limitations tions thereunder. Because it is feasible Mass., over Interstate Highway 290 (as which are not in a form acceptable to that other parties, who have relied upon an access route) to junction Interstate the Commission. Authority which ulti­ the notice o f the application as published Highway 90 (Massachusetts Turnpike) mately may be granted as a result of the may have an interest in and would be and Massachusetts Highway 12, at Inter­ applications here noticed will not neces­ prejudiced by the lack of proper notice change No. 10, and return over the same sarily reflect the phraseology set forth in of the authority described in the findings route, for operating convenience only. the application as filed, but also will of this order, a notice of the authority The notice indicates that the carrier is eliminate any restrictions which are not actually granted will be published in the presently authorized to transport pas­ acceptable to the Commission. F ederal R eg ister and issuance of a cer­ sengers and the same property, over a tificate in this proceeding will be with­ A pplications A s sig n e d fo r O ral H ear in g Pertinent service route as follows: From held for a period of 30 days from the New York, N.Y., over U.S. Highway 1 to MOTOR CARRIERS OF PROPERTY date of said publication, during which New Haven, Conn., thence over U.S. period any proper party in interest may Highway 5 via Hamden, North Haven, No. MC 123310 (Sub-No. 11) (Correc­ tion) , filed November 25, 1968, published file an appropriate petition for leave to and Wallingford, Conn., to junction A l­ intervene in this proceeding. ternate U.S. Highway 5, approximately F ederal R eg ister issue of December 12, 1968, and republished this issue. Appli­ No. MC 67485 (Sub-No. 5) (Republi­ 3 miles south of Meriden, Conn., thence cation), filed February 23, 1966, pub­ over Alternate U.S. Highway 5 via Meri- cant: VERMON L. HUNT, doing busi­ lished F ederal R egister issues of den to junction U.S. Highway 5, ap­ ness as HUNT TRUCKING, 1014 Madi­ son Avenue, Cheyenne, Wyo. 82001. Ap­ March 16, 1966, and March 30, 1966, and proximately 3 miles north of Meriden, republished this issue. Applicant: thence over U.S. Highway 5 via Newing­ plicant’s representative: Robert S. Stauffer, 1510 East 20th Street, Chey­ TEXAS FILM SERVICE, INC., 518 ton and Wethersfield, Conn., to Hartford, South Main Street, San Antonio, Tex. ^onn. (also from New Haven over U.S. enne, Wyo. 82001. Authority sought to operate as a common carrier, by motor Applicant’s representatives: Regan highway 5 to Hartford; also from New Sayers, 313 Perry-Brooks Building, Aus­ over Connecticut Highway 15 to vehicle, over irregular routes, transport­ ing: Lumber, from points in Clearwater, tin, Tex. 78701 and Austin L. Hatchell, Middletown, Conn., thence over Con­ 1120 Perry-Brooks Building, Austin, necticut Highway 9 to H artford), thence Idaho, Latah, Nez Perce, and Lewis Tex. 78701. Applicant, in accordance ver Connecticut Highway 15 via South Counties, Idaho, to points in Colorado. N o t e : The purpose of this republication with the requirements of section 206(a) Windsor, Manchester, and Tolland, is to show that the proposed service will ( 6 ) of the Interstate Commerce Act, as •*unc^on Connecticut Highway also originate at points in Clearwater and amended, and the Commission’s rules and vi ’ w 1106 °ver Connecticut Highway 30 Idaho Counties, Idaho, inadvertently regulations promulgated thereunder, has a Ellington, Conn., to junction Con­ omitted from previous publication. made timely application for a certificate

FEDERAL REGISTER, VOL 34, NO. 72— WEDNESDAY, APRIL 16, 1969 6556 NOTICES of registration as evidence of the right serving all intermediate points along in accordance with the requirements of to conduct operations, in interstate or such routes and coordinating such pro­ section 206(a) ( 6 ) of the Interstate Com­ foreign commerce, within limits which posed service with service presently being merce Act, as amended, and the Com­ do not exceed the scope of the intra­ rendered under existing certificates, and mission’s rules and regulations promul­ state operations for which applicant interchanging with other carriers at ap­ gated thereunder, has made timely holds a State certificate as a common propriate points of interchange. application for a certificate of registra­ carrier by motor vehicle, solely within The holder of this authority is au­ tion as evidence of the right to conduct the State of Texas. An order of the Com­ thorized to operate over the following operations, in interstate or foreign com­ mission, Operating Rights Board, dated alternate routes only for operating con­ merce, within limits which do not exceed March 21, 1969, and served March 31, venience without service to any inter­ the scope of the intrastate operations 1969, finds that a certificate of registra­ mediate point: State Highway 97 for which applicant holds a State cer­ tion shall concurrently be issued to ap­ between Waelder, Tex., and Gonzales, tificate as a common carrier by motor plicant, unless otherwise ordered, as evi­ Tex.; State Highway 142 between San vehicle, solely within the State of Texas. dence of a right to engage in operations Marcos, Tex., and its intersection with An order of the Commission, Operating in interstate or foreign commerce, as a U.S. Highway 183 North of Lockhart, Rights Board, dated March 21, 1969, and common carrier by motor vehicle, pur­ Tex.; and F. M. Road 218 between its served March 31, 1969, finds that a cer­ suant to those portions of Certificates of intersection with U.S. Highway 81 and tificate of registration shall concur­ Public Convenience and Necessity Nos. State Highway 78 near Schertz, Tex. rently be issued to applicant, unless oth­ 3000 and 4305 authorized by order dated Restrictions: (1) No service shall be erwise ordered, as evidence of a right to November 21,1968, issued by the Railroad rendered in the transportation of any engage in operations in interstate or Commission of Texas: package or article weighing more than foreign commerce, as a common carrier Certificate No. 3000: General Com­ 50 pounds. (2) No service shall be pro­ -by motor vehicle, pursuant to that por­ modities to, from and between all points vided in the transportation of packages tion of Certificate of Convenience and along the following described routes, or articles weighing in the aggregate Necessity No. 2625 authorized by order subject to the restrictions noted below: more than 10 0 pounds from one con­ dated November 21, 1968, issued by the U.S. Highway 281 between San Antonio, signor at one location to one consignee Railroad Commission of Texas: Tex., and Johnson City, Tex.; U.S. High­ at one location on any one day. N o t e : General commodities to, from, and be­ way 290 between Johnson City, Tex., and Applicant holds a certificate of registra­ tween all points along the following de­ Fredericksburg, Tex.; State Highway 16 tion in No. MC-67485 (Sub-No. 2) and by scribed routes, subject to the restrictions^ between Fredericksburg, Tex., and Kerr- application in No. MC-FC-70734, Texas noted below : State Highway 289 between ville, Tex.; State Highway 27 between Film Service, Inc., Transferee, and W il­ Dallas, Tex., and Celina, Tex.; F.M. Road Kerrville, Tex., and Comfort, Tex.; and liam Thomas Hawkins, doing business as 455 between Celina, Tex., and Pilot U.S. Highway 87 between Fredericks­ Hawkins Film Service, Transferor, seeks Point, Tex.; State Highway 99 between burg, Tex., and San Antonio, Tex.; approval to purchase the certificate of Pilot Point, Tex., and Whitesboro, Tex.; serving all intermediate points along said registration issued in No. M'C-120281 U.S. Highway 82 between Whitesboro, routes and coordinating the service here­ (Sub-No. 1). Applicant is hereby cau­ Tex., and Honey Grove, Tex., U.S. High­ in proposed with the service presently tioned that this order authorizes is­ way 75 between Dallas, Tex., and Deni­ being rendered and interchanging with suance of a certificate of registration as son, Tex.; U.S. Highway 67 between other carriers at any point along the evidence of a right to engage in opera­ Dallas, Tex., and Greenville, Tex.; State routes above described. Restrictions: (1) tions, in interstate or foreign commerce, Highway 24 between Greenville, Tex., No service shall be rendered in the trans­ as described substantially, as indicated and Paris, Tex.; U.S. Highway 69 portation of any package or article above, only insofar as such operations and State Highway 78 between Green­ weighing more than 50 pounds. (2) No do not duplicate those authorized in ville, Tex., and Bonham via Leonard, service shall be provided in the trans­ certificate of registration No. MC-67485 Tex.; U.S. Highway 80 and Inter­ portation of packages or articles weigh­ (Sub-No. 2), and that acquired pursuant state 20 between Dallas, Tex., and Mar­ ing in the aggregate more than 10 0 to the proceeding in No. MC-FC-70734, shall, Tex.; F.M. Road 1403 between pounds from one consignor at one loca­ if and when approved. The publication Longview, Tex., and Gilmer, Tex.; State tion to one consignee at one location on in the F ederal R egister of the State Highway 155 and U.S. Highway 59 be­ any one day. Certificate No. 4305: Gen­ authority sought differs to some extent tween Gilmer, Tex., and Atlanta, Tex.; eral Commodities to, from and between from that authorized by the State Com­ U.S._Highway 259 between Daingerfield, all points along the following described mission and that because it is possible Tex., and its intersection with State routes, subject to the restrictions noted that interested parties, who have relied Highway 155 near Ore City, Tex.; State below: U.S. Highway 77 and U.S. High­ upon the notice of the application as pub­ Highway 11 between Daingerfield, Tex., way 81 between Dallas, Tex., and San lished in the F ederal R e g ister , may have and Linden, Tex.; U.S. Highway 59 be­ Antonio; U.S. Highway 67 between an interest in and would be prejudiced tween Linden, Tex., and Marshall, Tex., by the lack of proper notice of the au­ Dallas, Tex., and Alvarado, Tex.; U.S. and between Carthage, Tex., and Garri­ Highway 81 between Alvarado, Tex., and thority described in this order, a notice son, Tex., via Teneha, Tex.; State High­ Hillsboro, Tex.; State Highway 171 be­ of the authority granted by this order way 149 between Longview, Tex., and tween Hillsboro, Tex., and Coolidge, will be published in the F ederal R egister Carthage, Tex.; U.S. Highway 79 between Tex.; U.S. Highway 84 and F. M. Road 73 and issuance of a certificate of registra­ Carthage, Tex., and Henderson, Tex., between McGregor, Tex., and Coolidge, tion in this proceeding will be withheld F.M. Road 124 between Beckville, Tex., Tex.; State Highway 317 and F. M. Road for a period of 30 days from the date of and its intersection with U.S. Highway 107 between McGregor, Tex., and Moody, such publication, during which period 79; State Highway 64 between Wins any proper party in interest may file Tex.; State Highway 95 between Temple, Point, Tex., and Henderson, Tex.; U»- Tex., and Taylor, Tex.; U.S. Highway 79 an appropriate pleading with this Com­ Highway 69 between Mineola, Tex., an between Taylor, Tex., and Round Rock, mission; and good cause appearing Tyler, Tex.; State Highway 31 between Tex.; U.S. Highway 183 between Austin, therefor. Tyler, Tex., and Kilgore, Tex.; Sta Tex., and Gonzales, Tex.; U.S. Highway No. MC 96769 (Sub-No. 3) (Republica­ 90 between Houston, Tex., and San Highway 135 between Troup, Tex., an tion), filed February 23, 1966, published Gladewater, Tex., via Kilgore, 1® * Antonio, Tex.; F. M. Road 78 and State F ederal R eg ister , issues of March 16, U.S. Highway 259 between Kilgore, !«•> Highway 46 between San Antonio, Tex., 1966, and March 30, 1966, and repub­ and Seguin, Tex.; State Highway 123 and Longview, Tex., and between H lished this issue. Applicant: LIBERTY derson, Tex., and Mount Enterpr > between Seguin, Tex., and Stockdale, FILM LINES, INC., 2500 South Harwood Tex.; U.S. Highway 87 between San An­ Tex.; F.M. Road 95 and U.S. H ig h w a y » Street, Dallas, Tex. Applicant’s repre­ between Mount Enterprise, Tex., an tonio, Tex., and Nixon, Tex.; and State sentatives: Reagan Sayers, 313 Perry- Highway 80 and State Highway 97 and Brooks Building, Austin, Tex. 78701, and Garrison, Tex.; State Highway 87 be­ Alternate Route U.S. Highway 90 be­ Austin L. Hatchell, 1102 Perry-Brooks tween Timpson, Tex., and Center, Tex-« tween Nixon, Tex., and Gonzales, Tex.; Building, Austin, Tex. 78701. Applicant, U.S. Highway 96 between Teneha, Te -

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 NOTICES 6557 and San Augustine, Tex.; between Bron­ December 12, 1968, and republished this state or foreign commerce, as a common son, Tex., and Jasper, Tex.; and between issue. Applicanti MORGAN DRIVE- carrier by motor vehicle, over irregular Kirbyville, Tex., and Silsbee, Tex.; State AWAY, INC., 2800 West Lexington routes, of passengers and their baggage Highway 21 between San Augustine, Avenue, Elkhart, Ind. 46514. Applicant’s in round-trip charter operations begin­ Tex., and Milam, Tex.; State Highway 87 representative; Robert G. Tessar (same ning and ending at points in Washington and P.M. Road 184 between Milam, Tex., address as applicant). By application on the international boundary line be­ and Bronson, Tex.; U.S. Highway 190 filed November 21, 1968, Morgan Drive- tween the United States and Canada and between Jasper, Tex., and Newton, Tex.; Away, Inc., of Elkhart, Ind., seeks a extending to points in Washington and State Highway 87 and F.M. Road 363 be- certificate of public convenience and to Portland, Oreg.; that applicant is fit, tween Newton, Tex., and Kirbyville, Tex., necessity authorizing operation, in in­ willing, and able properly to perform via Bleakwood, Tex.; State Highway 326 terstate or foreign commerce, as a com­ such service and to conform to the re­ and U.S. Highway 90 between Kountze, mon carrier by motor vehicle, over ir­ quirements of the Interstate Commerce Tex., and Nome, Tex., and serving all regular routes, of trailers designed to be Act and the Commission’s rules and reg­ intermediate points along said routes drawn by passenger automobiles, on ulations thereunder; because it is pos­ and coordinating the service proposed initial moves, from points in Lincoln sible that other persons who may have herein with that now being rendered by County, Nebr., to points in the United relied upon the notice of the application the applicant and interchanging with States (excluding Alaska and Hawaii) ; as published in the F ederal R egister other carriers at appropriate interchange an order of thè Commission, Operating may have an interest in and would be points. Rights Board, dated March 20, 1969, and prejudiced by the lack of proper notice The holder of this authority is au­ served April 4, 1969, finds that the pres­ of the authority actually granted herein, thorized to operate over the following ent and future public convenience and a notice of the authority actually granted alternate routes only for operating con­ necessity require operation by applicant, will be published in the F ederal R egister venience without service to any inter­ in interstate or foreign commerce, as a and issuance of the certificate in this pro­ mediate point: U.S. Highway 69 between common carrier by motor vehicle, over ceeding will be withheld for a period of Bells and Denison; U.S. Highway 96 be­ irregular routes, of trailers designed to 30 days from the date of such publica­ tween San Augustine, Tex., and Bronson, be drawn by passenger automobiles, in tion, during which period any proper Tex.; and between Jasper, Tex., and initial movements, in truckaway service, party in interest may file a petition to Kirbyville, Tex.; and U.S. Highway 259 from points in Lincoln County, Miss., to reopen or for other appropriate relief between Kilgore, Tex., and Henderson, points in the United States (excluding setting forth in detail the precise man­ Tex. Restrictions: (1) No service shall be Alaska and Hawaii) ; that applicant ner in which it has been so prejudiced. is fit, willing, and able properly to per­ rendered in the transportation of any A pplications for C ertificates or P er­ form such service and to conform to the package or article weighing more than m it s W h ic h A re T o B e P rocessed C o n ­ requirements of the Interstate Com­ 50 pounds. (2) No service shall be pro­ c u r r e n tl y W it h A pplications U nder merce Act and the Commission’s rules vided in the transportation of packages S e c tio n 5 G overned b y S pe c ial R u le and regulations thereunder. Because it is or articles weighing in the aggregate 1.240 to th e Ex t e n t A pplic a b le more than 10 0 pounds from one consignor possible that other parties, who have at one location to one consignee at one relied upon the notice of the application No. MC 29079 (Sub-No. 54), filed location on any one day. N ote : Applicant as published, may have an interest in March 24, 1969. Applicant: BRADA hold certificate of public convenience and and would be prejudiced by the lack of MILLER FREIGHT SYSTEM, INC., 1210 necessity No. MC-96769 (Sub-No. 1), is­ proper notice of the authority described South Union Street, Kokomo, Ind. 49601. sued by the Interstate Commerce Com­ in the findings in this order, a notice of Applicant’s representative: Jack Good­ mission, authorizing transportation of the authority granted will be published man, 39 South La Salle Street, Chicago, certain commodities, in interstate or in the F ederal R egister and issuance of a 111. 60603. Authority sought to operate foreign commerce, between points solely certificate in this proceeding will be pub­ as a common carrier, by motor vehicle, within the State of Texas, and a certif­ lished in the F ederal R egister and is­ over irregular routes, transporting: Gen­ icate of registration in No. MC-96769 suance of a certificate in this proceeding eral commodities (except those of unusu­ (Sub-No. 2 ). Applicant is hereby cau­ will be withheld for a period of 30 days al value, classes A and B explosives tioned that this order authorizes issuance from the date of such publication, during household goods as defined by the Com­ of a certificate of registration as evidence which period any proper party in interest mission, and liquid commodities in bulk), of a right to engage in operations, in in­ may file an appropriate petition for leave between Toledo, Ohio, on the one hand, terstate or foreign commerce, as de­ to intervene in this proceeding. and, on the other, points in Ohio. N o te: scribed substantially above, only insofar No. MC 128528 (Sub-No. 1) (Republi­ Applicant states tacking or joinder can such operations do not duplicate those cation) , filed April 24, 1968, published in be accomplished at any point in Ohio. authorized in Certificate MC-96769 (Sub- the F ederal R egister issue of May 16, This is a matter directly related to MC- No. 1) and the Certificate of Registration 1968, and republished, this issue. Appli­ F-10432, published in the F ederal R eg­ m No. MC-96769 (Sub-No. 21. The pub­ cant: ALPINE COACH LINES, LTD., 229 ister issue of April 3, 1969. I f a hearing lication in the F ederal R egister , of the West First Street, North Vancouver, Brit­ is deemed necessary, applicant requests State authority sought is somewhat more ish Columbia, Canada. Applicant’s rep­ it be held at Columbus or Toledo, Ohio. limited than that authorized by the State resentative: Donald F. Reid (same ad­ No. MC 111545 (Sub-No. 115) (Clarifi­ .^mission and that because it is pos­ dress as applicant). By application filed cation), filed January 22, 1969, published able that interested parties, who have April 24, 1968, Alpine Coach Lines, Ltd, in the F ederal R egister issue of ¡ g w uPon the notice of the applica- of North Vancouver, British Columbia, March 19,1969, and republished as clari­ on as published in the F ederal R egister, Canada, seeks a certificate of public con­ fied this issue. Applicant: HOME may have an interest in and would be venience and necessity authorizing op­ TRANSPORTATION COMPANY, INC., Prejudiced by the lack of proper notice eration, in interstate or -foreign com­ Post Office Box 6426, Station A, Marietta, oi tne authority described in this order, merce, as a common carrier by motor Ga. 30060. Applicant’s representative: once of the authority granted by this vehicle, over irregular routes, of passen­ Robert E. Born, 1425 Franklin Road SE., 2 2 * Wl11 be published in the F ederal gers and their baggage, in round-trip Marietta, Ga. 30060. Authority sought to ¿ 2 ? » anc* issuance of a certificate of charter operations, beginning and end­ operate as a common carrier, by motor in this Proceeding will be ing at ports of entry on the international vehicle, over irregular routes, transport­ witnneld for a period of 30 days from boundary line between the United States ing: Oilfield and pipeline commodities as 5ate. oi such publication, during and the Province of British Columbia, defined by the Commission in Mercer Ex­ mav J?encK* any Proper party in interest Canada, located in Washington, and ex­ tension Oilfield Commodities, 74 M.C.C. e an appropriate pleading with tending to Portland, Oreg. A report and 459; pipe; trenching machines; tractors; cnis Commission. order of the Commission, Review Board drag lines; back fillers; caterpillars; No. 1, decided March 28, 1969, and served road building machinery; ditching ma­ lira*0' M,C 103993 (Sub-N o. 357> (R epu b­ April 4, 1969, finds that the present and chinery; bulldozers; cranes; heavy ma­ lis h !^ 1, 111611 Novem ber 21, 1968, pub- future public convenience and necessity chinery; graders; construction equip­ e in the F ederal R egister issue of require operation by applicant, in inter­ ment; scrapers; road maintainers;

No. 72____7 FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 6558 NOTICES bridge construction equipment; heavy purchased, are described in the attached its junction with U S. Highway 50 near tanks; erection machinery and equip­ appendix, being the combined authority Banta. From Bakersfield over State High­ ment; threshing machines; sawmill ma­ of the certificates of registration and way 58 to Kramer. From Vallejo over chinery; rollers; power shovels; lift Certificate of Public Convenience and California Highway 29 to Napa. From equipment; commodities which because Necessity in Nos. MC-121243 (Sub-1), Glen Ellen over California Highway 12 of size or weight require the use of spe­ MC-98234 (Sub-4) and MC-98327 to San Andreas. From Calipatria over cial equipment; and self-propelled ar­ (Subs-2 and 3). This authority extends California Highway 115 to its junction ticles each weighing 15,000 pounds or beyond that presently authorized in with California Highway 98 at Bonds more and related machinery, tools, parts, parts of all of the following California Comer. From San Bernardino over U.S. and supplies moving in connection there­ counties: Modoc, Shasta, Trinity, Hum­ Highway 395 to San Diego. From Los with, between all points in Texas. N o t e : boldt, Tehama, Glenn, Butte, Lake, Co­ Angeles over California Highway 11 to Applicant states it does not intend to lusa, Yuba, Nevada, El Dorado, Amador, San Pedro. From San Francisco over tack, and avers there is no tacking possi­ Calaveras, Tuolumne, Mariposa, Marion, California Highway 1 to San Juan Cap­ bility between the authority and that Solano, Madera, Fresno, Kings, San Be­ istrano. From San Rafael over California presently held by purchaser. The instant nito, Merced, Stanislaus, Kern, San Luis, Highway 17 to Santa Cruz. From San application is a matter directly related Obispo, Santa Barbara, Los Angeles, San Jose over Interstate Highway 680 to Val­ to MC-F-10376, published in the F ederal Diego, Riverside, and Imperial. lejo. From Benicia over California High­ R eg ister issue of January 29, 1969, in way 21 to Cordelia. From Vallejo over A p p e n d ix which applicant seeks approval of au­ California Highway 37 to its junction thority to purchase the certificate of Regular routes— General Commodities with U.S. Highway 101 near Navato. registration of Dennis Fuchshuber, doing (except those of unusual value, house­ From Oakhurst over California Highway business as: Equipment Transport Co., hold goods as defined by the Commis­ 49 to its junction with the Sierra and under MC 125288 (Sub-No. 1). This sion, commodities in bulk, motor ve­ Butte County line near Camptonville. republication is for the purpose of re­ hicles, and livestock, between points in From Oakhurst over California Highway flecting the new tacking information. If California, serving all intermediate 41 to Morro Bay. From Salinas over Cali­ a hearing is deemed necessary, appli­ points except as stated herein, as fol­ fornia Highway 68 to Monterey. From cant does not specify location. lows: From San Ysidro over U.S. High­ Redlands over California Highway 38 to way 101 to Cotati. From Los Angeles over Big Bear Lake. From Blythe over Cali* A pplications U nd e r S e c t io n s 5 and U.S. Highway 99 to Sacramento. From fom ia Highway 78 to Brawley. From 2 1 0 a(b) Los Angeles over U.S. Highway 66 to Running Springs over California High­ The following applications are gov­ San Bernardino. From San Bernardino way 30 to its junction with U.S. Highway erned by the Interstate Commerce Com­ over U.S. Highway 66 to Victorville. 66 near San Dimas. From San Bernar­ mission’s special rules governing notice From Los Angeles over Interstate High­ dino over California Highway 18 to its of filing of applications by motor car­ way 10 to Beaumont. From Los Angeles junction with California Highway 138 riers of property or passengers under sec­ over U.S. Highway 60 to Blythe. From near Llano. From Palmdale over Cali­ tions 5(a) and 210a(b) of the Interstate San Francisco over U.S. Highway 50 to fornia Highway 138 to its junction with Commerce Act and certain other pro­ Placerville. From Pinole over California U.S. Highway 66 near Cajon. From Mo­ ceedings with respect thereto. (49 CFR Highway 4 to Angels Camp. From Sam jave over California Highway 14 to its 1.240.) Francisco over Interstate Highway 80 to junction with U.S. Highway 99 near MOTOR CARRIERS OF PROPERTY Auburn. From Sacramento over U.S. Newhall. Highway 99E and 99W and 99 to Red­ From Riverside over California High­ Nos. MC-F-9857 and MC-F-9759. (Re­ ding. From Alturas over U.S. Highway way 91 to Hermosa Beach. From San publication) (INTERLINES -BLANKEN - 299 to Areata. From Bartle over Califor­ Fernando over Interstate Highway 405 SHIP MOTOR EXPRESS (Now system nia Highway 89 to its junction, with U.S. to its junction with U.S. Highway 101 99) —Purchase— L O M THOMPSON) Highway 299. From Marysville over State near Irvine. From Saticoy over California and (INTERLINES-BLANKENSHIP Highway 70 to Pulga. From Areata over Highway 118 to Pasadena. From Ven­ MOTOR EXPRESS—Purchase— S A N U.S. Highway 101 to Scotia. From Grass tura over California Highway 126 to its DIEGO-IMPERIAL EXPRESS, INC.), Valley over California Highway 20 to junction with U.S. Highway 99 hear Sau­ published in the August 23, 1967, issue Upper Lake. From Upper Lake over Cal­ gus. From Long Beach over California o f the F ederal R eg ister on pages 12144 ifornia Highway 29 to Middletown. From Highway 7 to Pasadena. From Long and 12145. This notice is in substitution Lower Lake over California Highway 53 Beach over California Highway 19 to its for the prior notice. Applicants amended to its junction with California Highway junction with U.S. Highway 66 near their applications at the suggestion of .20. From junction of California Highway Pasadena. From Newport Beach oyer the Commission in order to provide a 175 and California Highway 29 at a point California Highway 55 to its junction more clear-cut definition of the operat­ approximately 5 miles south of Kelsey- with California Highway 91 near Olive. ing rights to be certified. The revised ville over California Highway 175 to From Oceanside over California High­ proposal, which uses all or parts of coun­ Middletown. From Winterhaven over way 78 to Escondido. From Santa Paula ty boundaries, later mentioned, in lieu U.S. Highway 80 to San Diego. From In­ over California Highway 150 to Ojai. of mileage laterals, goes beyond and dio over California Highway 86 to Ca­ From Tulare over California Highway 63 broadens the scope of the certificates of lexico. From junction U.S. Highway 60 to Orange Cove. From Woodlake oyer convenience and necessity and certifi­ near Whitewater over California High­ California Highway 65 to its junction cates of registration of System 99, San way 111 to Calexico. From junction U.S. with U.S. Highway 99 north of Bakers­ Diego-Imperial Express, Inc., and Lorn Highway 80 near Midway Wells over field. From Visalia over California High­ Thompson, of the prior notice. The California Highway 98 to its junction way 216 to Woodlake. From Bakersfield Commission has a present, intention to with U.S. Highway 80 near Mountain over California Highway 58 to McKit- designate the applications for the modi­ Springs. From Los Angeles over Inter­ trick. From Greenfield over California fied procedure, following expiration of state Highway 5 to Redding. From W at­ Highway 119 to Taft. From Mendota over the protest period. To the extent that sonville over California Highway 152 to California Highway 180 to Fresno. From the Applicants need evidence in support its junction with U.S. Highway 99 near Salinas over California Highway . of a showing of public convenience and Chowchilla. Castroville. From Hollister over Cali­ necessity, they may submit it. Authority From San Lucas over California High­ fornia Highway 156 to Castroville. From is sought for purchase by INTERLINES- way 198 to Lemon Cove. From Paso Ro­ Napa over California Highway 121 to its BLANKENSHIP MOTOR EXPRESS bles over California Highway 46 to Fa- junction with California Highway 3<- (Now system 99) 2600 Eighth Street, mosa. From junction U.S. Highway 101 From Vacaville over California Highway 505 to its junction with Interstate Hig ■ Berkeley, Calif. 94710, of the operating near Santa Maria over California High­ way 5 near Dunnigan. From Gustine ove authorities of the vendors named in the way 166 to its junction with U.S. High­ California Highway 140 to Manpos ■ above-stated caption. Operating rights way 99 near Wheeler Ridge. From From Menlo Park over California Hig sought by System 99, and those to be Ventura over California Highway 33 to way 84 to its junction with U.S. Highw

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 NOTICES 6559

50 near Livermore. Prom San Mateo over others, household goods and commodities Applicants’ attorney: Ray F. Koby, 314 California Highway 92 to Hayward. From in bulk, as a common carrier, over ir­ Montana Building, Post Office Box 2567, Sacramento over California Highway 160 regular routes, between points in Mon­ Great Falls, Mont. 59401. Operating to its junction with California Highway mouth, Ocean, Union, Hudson, Essex, rights sought to be controlled: ( 1 ) 4 near Antioch. From Los Gatos over Somerset, and Middlesex Counties, N.J. Petroleum and petroleum products (ex­ California Highway 9 to Santa Cruz. Vendee is authorized to operate as a cept liquefied petroleum gases), as de­ From Sunnyvale over California High­ common carrier in Tennessee, North fined in appendix xm to the report in way 85 to Saratoga. From San Francisco Carolina, Georgia, Virginia, South Caro­ Descriptions in Motor Carrier Certifi­ over California Highway 82 to San Jose. lina, New York, New Jersey, Maryland, cates, 61 M.C.C. 209, in bulk, in tank From San Francisco over Interstate Delaware, Pennsylvania, Ohio, Indiana, vehicles, as a common carrier, over ir­ Highway 280 to San Jose. From Oakland Alabama, West Virginia, Michigan, Ken­ regular routes, from ports of entry on over California Highway 24 to Walnut tucky, and the District of Columbia. Ap­ the United States-Canada boundary line Creek. plication has been filed for temporary at or near Portal and Noonan, N. Dak., From San Francisco over U.S. High­ authority under section 2 1 0 a(b). to points in North Dakota on and west way 101 to Scotia, serving no intermedi­ No. MC-F-10441. Authority sought of North Dakota Highway 3; liquefied ate points except as otherwise authorized. for purchase by WEATHERS BROS. petroleum gases, in bulk, in tank vehi­ From San Francisco over U.S. Highway TRANSFER CO., INC., 2728 Northeast cles, from junction Alaska Highway 7 101 to Hopland, thence over unnum­ Freeway NE., Atlanta, Ga. 30329 of the and the United States-Canada boundary bered highway to its junction with Cali­ operating rights of CHARLES F. JOHN­ line near Porcupine, Alaska, to Haines, fornia Highway 29 near Finley, serving SON and GEORGE A. HARRIS, doing Alaska, from junction Alaska Highway 2 no intermediate points except as other­ business as M O RIARTY VAN LINES, 16 and the United States-Canada boundary wise authorized. From Napa over Cali­ Marmion Street, Boston (Jamaica Plain ), line, near Tok Junction, Alaska, to Fair­ fornia Highway 29 to -Middletown, serv­ Mass., and for acquisition by R. L. banks, Alaska; from the ports of entry ing no intermediate points except as WEATHERS, W. M. WEATHERS, on the United States-Canada boundary otherwise authorized. From Redding over GLORIA DOBBS, all of Atlanta, Ga., and line located at or near Eastport, Idaho, U.S. Highway 99 to its junction with L. W. WEATHERS, 1268 Druid Park and Metaline Falls, Wash., to Spokane, California Highway 89 near Mount Avenue, Augusta, Ga., of control of such Wash., and certain specified points in Shasta, serving no intermediate points rights through the purchase. Applicants' Idaho, with restriction; from junction except as otherwise authorized. From attorney: Robert J. Gallagher, 111 State Alaska Highway 2 and the United States- junction U.S. Highway 99 near Mount Street, Boston, Mass. 02109. Operating Canada boundary line, near Tok Junc­ Shasta over California Highway 89 to rights sought to be transferred: House­ tion, Alaska, to Anchorage, Alaska; Bartle, serving no intermediate points hold goods as defined by the Commis­ Vermiculite ore, in bulk, in tank vehi­ except as otherwise authorized. With in­ sion, as a common carrier over irregular cles, from points in Montana within 5 termediate service to all off-route points routes, between Boston, Mass., and points miles of Libby, Mont., to ports of entry situated in the counties of Alameda, within 15 miles thereof, on the one hand, on the United States-Canada boundary Butte, Colusa, Contra Costa, Fresno, and, on the other, points in Maine, New line at or near Roosville, Mont., and Glenn, Humboldt, Imperial, Kern, Kings, Hampshire, Vermont, Rhode Island, Eastport and Porthill, Idaho, with re­ Lake, Los Angeles, Madera, Marin, Connecticut, New York, New Jersey; and strictions; commodities in bulk, between Merced, Modoc, Monterey, Orange, Pennsylvania. Vendee is authorized to ports of entry on the United States- Riverside, Sacramento, San Benito, San operate as a common carrier in Tennes­ Canada boundary line located in North Diego, San Francisco, San Joaquin, San see, Alabama, Delaware, Florida, Louisi­ Dakota, Montana, and Idaho, on the one Luis Obispo, San Mateo, Santa Barbara, ana, Maryland, Mississippi, New Jersey, hand, and, on the other, points in Santa Clara, Santa Cruz, Shasta, Solono, New York, North Carolina, Pennsylvania, Arizona, Arkansas, California, Colorado, Stanislaus, Sutter, Tehama, Trinity, South Carolina, Texas, Virginia, Arkan­ Idaho, Illinois, Iowa, Kansas, Kentucky, Tulare, Ventura, Yolo, Yuba; and off- sas, Illinois, Indiana, Kentucky, Massa­ Louisiana, Minnesota, Mississippi, Mis­ route points in the following counties chusetts, Michigan, Missouri, Ohio, souri, Montana, Nebraska, Nevada, New west of California Highway 49; Amador, Rhode Island, District of Columbia, Con­ Mexico, North Dakota, Oklahoma, Ore­ Calaveras, El Dorado, Nevada, Mariposa, necticut, Oklahoma, West Virginia, gon, South Dakota, Tennessee, Texas, Placer, Tuolumne; and off-route points Georgia, Arizona, California, and New Utah, Washington, Wisconsin, and in San Bernardino County south of Mexico. Application has been filed Wyoming; sulphur, in bulk, from the port California Highway 18 and west of for temporary authority under section of entry on the United States-Canada California Highway 38. Lumber and for­ 2 1 0 a (b ). boundary line at Blaine, Wash., to Bell­ est products, between Eureka and the No. MC-F-10442. Authority sought for ingham, Wash.; and lignin liquor, in California-Oregon State line serving all control by WESTBURNE INTERNA­ bulk, from Bellingham, Wash., to the port intermediate points and all off-route TIONAL INDUSTRIES, LTD. (a non­ of entry on the United States-Canada points in Del Norte County, Calif., from carrier), of (1) H. M. TRIM BLE & boundary line at Blaine, Wash.; (2) soy­ Eureka over U.S. Highway 101 *to the SONS, LTD., 1510 40th Avenue SE., Cal­ bean oil, edible animal fats, edible animal California-Oregon State line and re­ gary, Alberta, Canada; (2) O IL AND IN ­ and vegetable oils and blends thereof, in turn over the same route. DUSTRY SUPPLIERS, LTD., 955 Mag- bulk, in tank vehicles, as a common No. MC-F-10440. Authority sought for inot Street, St. Boniface, Manitoba, carrier, over irregular routes, from Bel- Purchase by THE MASON & DIXON Canada; and (3) MERCURY TA N K ­ mond and Sioux City, Iowa, and South LINES, INCORPORATED, Eastman LINES, LIMITED, 5505 Sixth Street St. Paul, Minn., to the United States- wad (Post Office Box 969), Kingsport, SE., Calgary, Alberta, Canada; and for Canada boundary line at the port of J * ’,,0* operating rights and prop- acquisition by J. R. M cC a ig , 2320 Sun­ entry at or near Noyes, Minn.; animal S & o f TH°M A S MEYER and K ING - set Avenue, Calgary, Alberta, Canada, fats, oils, lards, tallows or greases, or 3 * ? EYER’ doing business as NEW J. A. SCRYMGEOUR, 5929 Elbow Drive, blends or combinations thereof, in bulk, BRUNSWiCK TRANSFER, Super High- Calgary, Alberta, Canada, M. W. Mc- in tank vehicles, from Chicago (except JSL (R?st 0fflce Box 531), New Bruns- CAIG, Box 5, Rural Route 2, Site 9, that part of its commercial zone, as de­ W4tsT^N J” and f or acquisition by E. Calgary Alberta, Canada, R. W. McCAIG, fined by the Commission, lying within JOmP _ KING> E. W ILLIAM KING, 13 Turnbull Place, Regina, Saskatche­ Indiana), and Rochelle, HI., certain spec­ Nooir?' KDSrG> and MARGARET K. wan, Canada, and W. H. ATKINSON, de­ ified points in Minnesota, South Dakota, cnntivii ’ a^so ° f Kingsport, Tenn., of ceased (J. W. SCRYMGEOUR and F. R. Iowa, and Madison, Wis., to the port of thrnnJvi °4.u such riShts and property MATHEWS, Executors), of control of entry on the United States-Canada toSev? jSfL purchase. Applicants’ at- H. M. TRIMBLE & SONS, LTD., OIL boundary line located in Minnesota and Cempr‘

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 6560 NOTICES

the United States-Canada boundary 1754. A Motion of Applicant To Dismiss commodities, as a common carrier, over line at or near Noyes, Minn., with Application or for Alternative Relief is regular and irregular routes, from, to, restrictions; also included. and between specified points in the States Liquefied petroleum gas, in bulk, in No. MC-F-10443. Authority sought for of New Jersey, Pennsylvania, New York, tank vehicles, from the ports of entry purchase by B. F. WALKER, INC., 650 Maryland, Vermont, Connecticut, Mas­ on the international boundary line be­ 17th Street, Denver, Colo. 80202, of a sachusetts, Rhode Island, Missouri, tween the United States and the Province portion of the operating rights of AS- Michigan, Ohio, Illinois, Indiana, New "of Manitoba, Canada, located in Minne­ BURY TRANSPORTATION CO., 2222 Hampshire, West Virginia, Virginia, sota and North Dakota, to points in Min­ East 38th Street, Los Angeles, Calif. North Carolina, Delaware, Maine, South nesota and North Dakota; and agricul­ 90058, and for acquisition by the SAM­ Carolina, Tennessee, Iowa, and the Dis­ tural chemicals, from ports of entry on UEL ROBERTS NOBLE FOUNDATION, trict of Columbia, with certain restric­ the United States-Canada boundary line Post Office Box 878, Ardmore, Okla. tions, serving various intermediate and located in Minnesota and North Dakota, 73401, of control of such rights through off-route points, over numerous alternate to points in Washington, Oregon, Idaho, the purchase. Applicants’ attorneys; routes for operating convenience only, as Montana, Wyoming, North Dakota, Jerry Prestridge, Richard Kissinger, both more specifically described in Docket No. South Dakota, Minnesota, Wisconsin, of Post Office Box 1148, Austin, Tex. MC-4963 and Sub-numbers thereunder. Utah, Colorado, Nebraska, Kansas, Iowa, 78767, and James W. Wade, 453 South This notice does not purport to be a Missouri, Illinois, Indiana, New Mexico, Spring Street, Los Angeles, Calif. 90013. complete description of all of the oper­ Texas, Oklahoma, and Arkansas, with Operating rights sought to be trans­ ating rights of the carrier involved. The restriction; and (3) alcoholic beverages, ferred: Machinery, equipment, materials, foregoing summary is believed to be suffi­ in bulk, in tank vehicles, as a contract and supplies used in or in connection with cient for purposes of public notice re­ carrier, over irregular routes, from ports the discovery, development, production, garding the nature and extent of this of entry on the United States-Canada refining, manufacture, processing, stor­ carrier’s operating rights, without stat­ boundary line located in Montana, North age, transmission, and distribution of ing, in full, the entirety, thereof; and Dakota, and Minnesota, to Baltimore, natural gas and petroleum and their (A) and (B) General commodities, ex­ cepting, among others, household goods Md., and Detroit, Mich., with restric­ products and byproducts, and machinery, and commodities in bulk, as a common tions; between Bardstown, Ky., and El equipment, materials, and supplies, used carrier, over regular routes, between Buf­ Segundo, Calif., on the one hand, and, in or in connection with the construction, falo, N.Y., and Erie, Pa., serving no in­ on the other, points on the United operation, repair, servicing, maintenance, States-Canada boundary line at or near termediate points, between Erie, Pa., and and dismantling of pipe lines, including New York, N.Y., serving the intermediate the ports of entry at Sweetgrass, Mont., the stringing and picking up thereof, as point of Kane, Pa., and the off-route Portal, N. Dak., Noyes, Minn., Detroit, a common carrier, over irregular routes, points in the New York City commercial Mich., and Buffalo and Ogdensburg, between points in Los Angeles, Orange, zone, as defined by the Commission, Port N.Y., with restriction; from ports of en­ Ventura, Santa Barbara, San Luis Chester, N.Y., and points in New Jersey try on the United States-Canada bound­ Obispo, Kern, and King Counties, Calif., within 20 miles of Columbus Circle, N.Y.; ary line, at or near Detroit, Mich., and those in that part of Fresno County, general commodities, excepting, among Buffalo and Ogdensburg, N.Y., and Calif., within 40 miles of Coalinga, Calif., others, household goods and commodities Blaine, Wash., to Owensboro, Ky., and on the one hand, and, on the other, in bulk, over irregular routes, between Pekin, HL, with restrictions; from the points in Colorado, Montana, Nevada, Erie, Pa., on the one hand, and, on the ports of entry on the United States- Utah, and Wyoming. Vendee is author­ other, points in New York and Pennsyl­ Canada boundary line at or near Sweet- ized to operate as a common carrier in vania within 80 miles of Erie, except grass, Mont., Portal, N. Dak., Noyes, Texas, Arkansas, Oklahoma, Louisiana, Bradford and Custer City, Pa., and Buf­ Minn., and Detroit, Mich., to Cincin­ Mississippi, Kansas, Colorado, New falo, N.Y., between Kane, Pa., on the one nati, Ohio, with restriction; from the Mexico, Wyoming, and Nevada. Appli­ hand, and, on the other, points in Penn­ ports of entry on the United States- cation has been filed for temporary au­ sylvania within 80 miles of Erie, Pa., ex­ Canada boundary line at or near Port thority under section 210a(b). N o t e : cept Bradford and Custer City, Pa.; Huron and Detroit, Mich., Buffalo and Petition To Dismiss Certain Parties and rough rolled glass, from Sergeant, Pa., Ogdensburg, N.Y., to Sausalito, Calif., To Excuse the SAMUEL ROBERTS to certain specified points in New Jersey, with restriction; from Cincinnati, Ohio, NOBLE FOUNDATION From Account­ Rochester, and Elmira, N.Y., and points to ports of entry on the United States- ing, Reporting, and Securities Provisions in the New York, N.Y., commercial zone, Canada boundary line at or near Sweet- of Part n of the Act, also included. as defined by the Commission, certain grass, Mont., Portal, N. Dak., and Noyes, No. MC-F-10444. Authority sought for specified points in Ohio, and Baltimore, Minn., between Louisville and Frankfort, (1) control by ALLEGHANY CORPO­ Md.; and uncrated furniture, from Kane, Ky., on the one hand, and, on the other, RATION, 350 Park Avenue, New York, Pa., to Jamestown, N.Y. Application has ports of entry on the United States- N.Y. 10022, of (A) JONES MOTOR CO., not been filed for temporary authority Canada boundary line at or near Sweet- INC., Bridge Street and Schuylkill Road, under section 2 1 0 a (b ). grass, Mont., Portal, N. Dak., and Noyes, Spring City, Pa. 19475, and (B) ERIE No. MC-F-10445. Authority sought for Minn., with restriction; TRUCKING COMPANY, Bridge Street purchase by VICTORY EXPRESS, INC-* Wine, and urine spirits, in bulk, in tank and Schuylkill Road, Spring City, Pa. 2600 Willowburn Avenue, Dayton, Ohio vehicles, from Trocha, Calif., to the port 19474; and (2) purchase by ALLE­ 45427, of the operating rights and cer­ of entry on the United States-Canada GHANY CORPORATION, 350 Park Ave­ tain property of GLENN WEAVER, do­ boundary line at or near Sweetgrass, nue, New York, N.Y. 10022, of the oper­ ing business as WEAVER TRUCKING Mont., with restrictions; edible oil, from ating rights and property of JONES SERVICE, Post Office Box 146, Washrng- Jacksonville, 111., to the port of entry MOTOR CO., Inc., Bridge Street and ton, 111., and for acquisition by CARL c. on the United States-Canada boundary Schuylkill Road, Spring City, Pa. 19475, SCHAEFER, SR., also of Dayton, Ohio, line at or near Sweetgrass, Mont., and and for acquisition by FRED M. KIRBY, of control of such rights and property Portal, N. Dak., with restriction; and also of New York, N.Y., and ALLAN P. through the purchase. Applicants rep­ white oil, from Petrolia, Pa., to ports of KIRBY, JR., 17 De Hart Street, Morris­ resentative: W. L. Jordan, 205 Mercha entry on the United States-Canada town, N.J., of control of such rights and Savings Building, Terre Haute, ma. boundary line, located at or near Portal, property through the transaction. Appli­ 47801. Operating rights sought to oe N. Dak., and Sweetgrass, Mont., with cants’ attorneys: David G. MacDonald, transferred: Sweeping compounds, wax™ restriction. Application has not been 1000 16th Street NW „ Washington, D.C. and soaps, in packages,' and W11 filed for temporary authority under sec­ 20036, and M. Lauck Walton, 2 Wall maintenance supplies, as a contract tion 210a(b). N o te : See also MC-F-10380 Street, New York, N.Y. 10005. Operating Her, over irregular routes, from (TRIMAC TRANSPORTATION LTD.— rights sought to be ( 1 ) controlled and plantsite of Frank Miller & Sons, me. Control— MERCURY T A N K L IN E S <2) transferred. <1) (A ) and (2) Gen­ at Riverdale, HI., to points m_^a? kv’ L T D .), published in the February 5,1969, eral* commodities, with certain specified Florida, Georgia, Indiana, Kentucky* issue of the F ederal R eg ister , on page exceptions, and numerous other specified Louisiana, Michigan, Mississippi,

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 NOTICES 6561

York, North Carolina, Ohio, Pennsyl­ serving the intermediate points of M otor C arriers o f P r o p e r t y vania, South Carolina, Tennessee, Vir­ Fredericktown, Ohio, between Columbus, No. MC 41870 (Sub-No. 7 T A ), filed ginia, and West Virginia, with restric­ Ohio, and Marion, Ohio, serving all in­ April 1, 1969. Applicant: VICTOR L. tion. Vendee is authorized to operate as termediate points, between Columbus, LANGE, doing business as LANGE a contract carrier in all points in the Ohio, and Mount Vernon, Ohio, serving TRUCK LINE, Post Office Box 28, United States (except Washington, all intermediate points and certain off- Pleasanton, Tex. 78064. Authority sought Oregon, California, Arizona, Nevada, route points, between junction new Ohio to operate as a common carrier, by motor Idaho, Montana, Wyoming, New Mex­ Highway 3 and old Ohio Highway 3 north vehicle, over regular routes, General ico, Texas, Oklahoma, Alaska, and Ha­ of Westerville, Ohio, and junction new commodities, except classes A and B waii) . Application has been filed for Ohio Highway 3 and Ohio Highway 61 explosives, commodities of unusual value, temporary authority under section 2 1 0 a north of Sunbury, Ohio, between Galena, household goods as defined by the Com­ (b ). Ohio, and new Ohio Highway 3, between mission, commodities in bulk, commodi­ No. MC-F-10446. Authority sought for Sunbury. Ohio, and junction new Ohio control and merger by HUMBOLDT ties requiring special equipment, and Highway 3 and Ohio Highway. 37, serv­ those injurious or contaminating to other EXPRESS, INC., Paydur Court, Nash­ ing no intermediate points; and general ville, Tenn. 37210, of the operating rights lading, between Poth, Tex., and Kenedy, commodities, excepting, among others, Tex., from Poth over U.S. Highway 181 and property of COVINGTON TRUCK­ household goods, and commodities in ING COMPANY, INC., Post Office Box to Kenedy and return over the same bulk, over irregular routes, between route, serving all intermediate points, 504, Covington, Tenn. 38019, and for Mount Vernon, Ohio, on the one hand, for 180 days. N o t e : Applicant will tack acquisition by DAVID D. DORTCH, also and, on the other, points in Knox County, authority in MC-41870 at Poth, Tex., of Nashville, Tenn., of control of such Ohio, between points in Morrow County, and will interline with other car­ rights and property through the transac­ Ohio (except Edison, Cardington, Mount riers at San Antonio, Tex. Supporting tion. Applicants’ attorney: Walter Har­ Gilead, and Iberia, Ohio), on the one shippers: Karnes Mercantile Co., Inc., wood, 1822 Parkway Towers, Nashville, hand, and, on the other, points in Ohio; Tenn. 37219. Operating rights sought to and under a certificate of registration, in Karnes City, Tex. 78118; Sellers Drug Store, 121 West Main, Kenedy, Tex. be controlled and merged: General com­ Docket No. MC-32839 Sub-13, covering modities, excepting, among others, the transportation of property as a com­ 78119; Kauffmann Motor Co., Post Office household goods and commodities in mon carrier, in intrastate commerce, Box 630, Kenedy, Tex. 78119; Witte Im­ bulk, as a common carrier, over regular within the State of Ohio. TERM INAL plement Co., Karnes City, Tex. 78118; routes, between Covington, Tenn., and TRANSPORT COMPANY, INC., is au­ City Parts & Service, Karnes City, Tex. Memphis, Tenn., serving all intermediate thorized to operate as a common carrier 78118; Ruhmann Store, Post Office Box points and the off-route point of Mun- in Kentucky, Indiana, Illinois, Tennessee, 479, Kenedy, Tex. 78119; Red Ewald ford, Tenn., with restriction; and under Georgia, Alabama, Florida, and Ohio. Tractor Co., Karnes City, Tex. 78118; certificates of registration, in Docket No. Application has been filed for temporary Kuhnels Hardware, Box 1038, Karnes City, Tex. 78118; G. E. Pogue Seed Co., MC-108016 Sub-3 and Sub-5, covering authority under section 210a(b). N o t e : the transportation of property, as a com­ MC-32839 Sub-17 is a matter directly Kenedy, Tex. 78119. Send protests to: mon carrier, in intrastate commerce, related. Richard H. Dawkins, District Super­ within the State of Tennessee. HUM­ visor, Interstate Commerce Commission, BOLDT EXPRESS, INC., is authorized to By the Commission. Bureau of Operations, 301 Broadway, operate as a common carrier under cer­ [ s e a l ] H. N e il G a r s o n , Room 206, San Antonio, Tex. 78205. tificates of registration, within the State Secretary. No. MC 82337 (Sub-No. 1 T A ) (Correc­ of Tennessee. Application has not been [F.R. Doc. 69-4441; Filed, Apr. 15, 1969; tion) , filed March 17, 1969, published in filed for temporary authority under sec­ 8:48 a.m.] F ederal R e g ist e r , issue of March 27, tion 2 1 0 a(b). 1969, and republished as corrected this No. MC-F-10447. Authority sought for issue. Applicant: MOELLER TRANSFER control and merger by TERMINAL [Notice 814] AND STORAGE CO., a corporation, 212 TRANSPORT COMPANY, INC., 248 MOTOR CARRIER TEMPORARY Coosa Street, Montgomery, Ala. 36104. Chester Avenue SE„ Atlanta, Ga. 30316, Applicant’s representatives: Harris & of the operating rights and property of AUTHORITY APPLICATIONS Harris, 410-412 Bell Building, Mont­ E. A. SCHLAIRET TRANSFER CO., 701 A p r il 11,1969. gomery, Ala. 36104. Authority sought to operate as a common carrier, by motor Harcourt Road, Post Office Box ’ 271, The' following are notices of filing of Mount Vernon, Ohio 43050, and for ac­ vehicle, over irregular routes, transport­ quisition by AMERICAN COMMERCIAL applications for temporary authority un­ ing: General commodities, except those der section 210a(a) of the Interstate UNES, INC., Box 13244, Houston, Tex. of unusual value, classes A and B ex­ Commerce Act provided for under the U019, and, in turn by TEXAS GAS plosives, household goods as defined by new rules of Ex Parte No. MC-67 (49 transmission corporation , 3800 the Commission, commodities in bulk, CFR Part 340) published in the F ederal Frederica Street, Post Office Box 1160, commodities requiring special equip­ R e g ist e r , issue of April 27,1965, effective Owensboro, Ky. 42301, of control of such July 1, 1965. These rules provide that ment, and commodities injurious or con­ rights and property through the trans­ taminating to other lading, from points protests to the granting of an applica­ ition. Applicants’ attorneys and repre­ tion must be filed with the field official in Dallas County, Ala., to Montgomery, sentative: Axelrod, Goodman and Ala., restricted to shipments having an named in the F ederal R egister publica­ sterner, 39 South La Salle Street, Chi­ immediately prior or subsequent move­ cago, m. 60603, K. Edward Wolcott, 248 tion, within 15 calendar days after the date of notice of the filing of the applica­ ment by rail, for 180 days. N o t e : The Lnester Avenue SE., Atlanta, Ga. 30316, purpose of this republioation is to in­ tion is published in the F ederal R e g ist e r . ih n p. McMahon, 100 East Broad One copy of such protest must be served clude certain exceptions in commodity street, Columbus, Ohio 43215, T. Ran­ description, which was inadvertently dolph Buck, Post Office Box 13244, on the applicant, or its authorized repre­ sentative, if any, and the protests must omitted in previous publication. Sup­ ?«°nA 3 Tex- 77019> and Robert O. Koch, certify that such service has been made. porting shipper: Alament Division, Post *Xederica Street, Owensboro, Ky. The protests must be specific as to the Office Box 348, Selma, Ala. 36701. Send tmiih0perating riShts sought to be con- service which such protestant can and protests to: B. R. McKenzie, District ed and merged: General commodi- will offer, and must consist of a signed Supervisor, Bureau of Operations, Inter­ excebting, among others, household original and six copies. state Commerce Commission, Room 814, ¡ 2 2 “ and commodities in bulk, as a A copy of the application is on file, 2121 Building, Birmingham, Ala. 35203. ^™ °n™rrier’ over regular routes, be- and can be examined at the Office of the No. MC 87720 (Sub-No. 91 T A ), filed rvu, n Delaware, Ohio, and Sunbury, Secretary, Interstate Commerce Com­ April 3, 1969. Applicant: BASS TRANS­ 1llr.°t’. ^tween Worthington, Ohio, and PORTATION CO., INC., Star Route A, mission, Washington, D.C., and also in ° h}° Highways 3 and 161, serv- Old Croton Road, Post Office Box 391, MariArT .intermediate points, between the field office to which protests are to be Flemington, N.J. 08822. Applicant’s rep­ n> Ohio, and Mount Vernon, Ohio, transmitted. resentative: Bert Collins, 140 Cedar

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 6562 NOTICES

Street, New York, N.Y. 10006. Authority routes, transporting: Trailers, designed sion between points in Alaska, on the sought to operate as a contract carrier, to be drawn by passenger automobiles, one hand, and between points in the by motor vehicle, over irregular routes, in initial movement, from New Ulm, Seattle-King County-Puget Sound area, transporting: Pulpboard and byproducts Minn., to points in North Dakota, South on the other, by all highways, using all thereof, fiberboard and byproducts Dakota, Wisconsin, and Iowa, for 180 existing gateways between Canada and thereof * and paperboard and byproducts days. Supporting shipper: Skyline Corp., the State of Washington, or by a com­ thereof, from Akron, Ohio, to points in Box 111, New Ulm, Minn. 56073. Send bination of highways and marine trans­ Delaware, Illinois, Indiana, Kentucky, protests to: J. H. Ambs, District Super­ portation including the vessels of the Maryland, Michigan, Missouri, New Jer­ visor, Interstate Commission, Bureau of Alaska Ferry System, using all available sey, New York, Pennsylvania, Maryland, Operations, 1621 South University Drive, ports of entry in the Puget Sound area, Michigan, Missouri, New Jersey, New Room 213, Fargo, N. Dak. 58102. for 180 days. N o te: The proposed author­ York, Pennsylvania, Tennessee, Virginia, No. MC 116073 (Sub-No. 95 T A ), filed ity overlaps the authority presently held West Virginia, Wisconsin, Connecticut, April 7, 1969. Applicant: BARRETT by applicant. Supporting shippers: Mili­ Massachusetts, Rhode Island, and the MOBILE HOME TRANSPORT, INC., tary Transportation and Military Ter­ District of Columbia. Restriction: Under 1825 Main Avenue, Moorhead, Minn. minal Service, Washington, D.C.; Robert contract with Packaging Corporation of 56560. Applicant’s representative: John L. Hufman, General Manager, Golden America, for 180 days. Supporting ship­ C. Barrett (same address as above). Au­ Valley Electric Association, Inc.,758 Illi­ per: Packaging Corporation of America, thority sought to operate as a common nois Street, Fairbanks, Alaska 99701; 1632 Chicago Avenue, Evanston, HI. carrier, by motor vehicle, over irregular Lloyd A. Burgess, Chairman, Burgess 60204. Send protests to: Raymond T. routes, transporting: Trailers, designed Construction Co., 392-394 Hamilton Jones, District Supervisor, Interstate to be drawn by passenger automobiles, Graehl, Fairbanks, Alaska 99701. Send Commerce Commission, Bureau of Oper­ and pickup campers, by truckaway and protests to: Hugh H. Chaffee, District ations, 410 Post Office Building, Trenton, towaway, in initial movement, from Supervisor, Interstate Commerce Com­ N.J. 08608. Caldwell, Idaho, to points in Washing­ mission, Bureau of Operations, Post Of­ No. MC 94201 (Sub-No. 66 TA), filed ton, Oregon, California, Utah, Colorado, fice Box 1532, Anchorage, Alaska 99501. April 7, 1969. Applicant: BOWMAN Montana, Wyoming, Nevada, and Ari­ No. MC 123057 (Sub-No. 9 TA), filed TRANSPORTATION, INC., Post Office zona, for 180 days. Supporting shipper: April 2, 1969. Applicant: JAMES RIC- Box 2188, East Gadsden, Ala. 35903. Ap­ K it Manufacturing Co., Caldwell, Idaho CIARDI & SONS, INC., 203 Fillmore plicant’s representative: Maurice F. 83605. Send protests to: J. H. Ambs, Street, Staten Island, N.Y. 10301. Appli­ Bishop, 325-29 Frank Nelson Building, District Supervisor, Interstate Com­ cant’s representative: Bert Collins, 140 Birmingham, Ala. 35203. Authority merce Commission, Rureau of Opera­ Cedar Street, New York, N.Y. 10006. Au­ sought to operate as a common carrier, tions, 1621 South University Drive, Room thority sought to operate as a common by motor vehicle, over irregular routes, 213, Fargo, N. Dak. 58102. carrier, by motor vehicle, over irregular transporting: Clorox (Sodium hypo­ No. MC 118524 (Sub-No. 5 T A ), filed routes, transporting : Gypsum, gypsum chlorite solution), in bottles, in cartons, April 4, 1969. Applicant: SIG WOLD products, joint treatment products, and from the plantsite, warehouse and stor­ STORAGE & TRANSFER, INC., 1301 paint products, and such products, as age facilities of the Clorox Corp. at or Wells Street, Fairbanks, Alaska 99701. are used in the manufacture, installation, near Atlanta, Ga., to points in Mississippi, Applicant’s representative: Lloyd L and distribution of the aforementioned for 180 days. Supporting shipper: The Hoppner, Suite A, Teamsters Building, products (except in bulk), from the Clorox Co., Oakland, Calif. 94603, Atten­ Post Office Box 516, Fairbanks, Alaska plants and warehouses of the United tion: Mr. Earl M. Matson, Vice Presi­ 99701. Authority sought to operate as a States Gypsum Co., Staten Island, N.Y., dent, Traffic. Send protests to: B. R. common carrier, by motor vehicle, over to points in New Jersey, New York, Con­ McKenzie, District Supervisor, Interstate irregular routes, transporting: House­ necticut, Massachusetts, Rhode Island, Commerce Commission, Bureau of hold goods as defined by the Commission, New Hampshire, Vermont, Pennsylvania, Operations, Room 814, 2121 Building, between points in Alaska, on the one Delaware, Maryland, and the District of Birmingham, Ala. 35203. hand, and, between points in the Se- Columbia, returned shipments of the attle-King County-Puget Sound area, on same commodities in the opposite direc­ No. MC 107544 (Sub-No. 83TA), filed the other, by all highways, using all ex­ tion, for 180 days. Supporting shipper: April 7, 1969. Applicant: LEMMON isting gateways between Canada and the United States Gypsum Co., 600 Madison TRANSPORT COMPANY, INCOR­ State of Washington, or by a combina­ Avenue, New York, N.Y. 10022. Send pro­ PORATED, Post Office Box 580, Marion, tion of highways and marine transpor­ tests to: Paul W. Assenza, District Su­ Va. 24354. Authority sought to operate tation, including the vessels of the pervisor, Interstate Commerce Commis­ as a common carrier, by motor vehicle, Alaska Ferry System, using all available sion, Bureau of Operations, 26 Federal over irregular routes, transporting: As- ports of entry in the Puget Sound area, Plaza, Room 1807, New York, N.Y. 10007. phalt and asphalt products, in bulk, from for 180 days. N o te: The proposed au­ No. MC 124078 (Sub-No. 377 T A ), filed Bristol, Va., to points in Carter, Cocke, thority overlaps the authority presently April 8, 1969. Applicant: SCHWERMAN Greene, Hamblen, Hawkins, Johnson, held by applicant. Supporting shippers: TRUCKING CO., 611 South 28th Street, Sullivan, Washington, and ■ Unicoi Military Transportation and Military Milwaukee, Wis. 53246. Applicant’s rep­ Counties, Tenn.; Alleghany, Ashe, Surry, Terminal Service, Washington, D.C.; resentative: Richard H. Prevette (same Watauga, and Wilkes Counties, N.C.; Wayne Bloom, Safeway Stores, Inc., address as above). Authority sought to McDowell, Mercer, Monroe, Raleigh, Manager, 315 Barnett, Fairbanks, operate as a common carrier, by moto Summers, and Wyoming Counties, W. Alaska 99701; Kenneth W. Hatch, Hatch vehicle, over irregular routes, transport­ Va.; Bell, Floyd, Harlan, Letcher, Knott, Drilling Co., Owner, 908 Smyth Street, ing: Fly ash, from Wilsonville, Ala., to and Pike Counties, Ky., for 180 days. Fairbanks, Alaska 99701. Send protests points in Georgia, for 150 days. Support­ Supporting shipper: Shell Oil Co., 1250 to: Hugh H. Chaffee, District Supervisor, ing shipper: Southern Fly Ash Co., m •. Sixth Avenue, New York, N.Y. 10020. Interstate Commerce Commission, Bu­ Post Office Drawer 70, Wilsonville, Aia- Send protests to: Clatin M. Harmon, reau of Operations, Post Office Box 35186, (Robert W. Styron, Technical District Supervisor, Interstate Commerce 1532, Anchorage, Alaska 99501. Director). Send protests to: District ¡»up Commission, Bureau of Operations, 215 No. MC 118527 (Sub-No. 5 T A ), filed ervisor Lyle D. Heifer, InterstateCo Campbell Avenue SW., Roanoke, Va. merce Commission, Bureau of Oper»" 24011. April 4, 1969. Applicant: SOURDOUGH EXPRESS, INC., 508 12th Street, Post tions, 135 West Wells Street, Room 8U/, No. MC 116073 (Sub-No. 94 T A ), filed Office Box 288, Fairbanks, Alaska 99701. Milwaukee, Wis. 53203. . , April 7, 1969. Applicant: BARRETT Applicant’s representative: Lloyd I. No. MC 128213 (Sub-No. 2 TA), me MOBILE HOME TRAN SPO R T,. INC., Hoppner, Suite A, Teamsters Building, April 7, 1969. Applicant: T. UNDSA 1825 Main Avenue, Moorhead, Minn. Post Office Box 516, Fairbanks, Alaska MOVING & STORAGE, INC., 74 Hlmo 56560. Applicant’s representative: John 99701. Authority sought to operate as a Avenue, Paterson, N.J. 07503. Apphc C. Barrett (same address as above). Au­ common carrier, by motor vehicle, over representative: Charles J. WiDia > thority sought to operate as a common irregular routes, transporting: House­ Lincoln Park, Newark, carrier, by motor vehicle, over irregular hold goods as defined by the Commis­ Authority sought to operate as a co

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 NOTICES 6563 carrier, by motor vehicle, over irregular intrastate commerce seek concurrent Highway 171, serving all intermediate routes, transporting: Bicycles, trunks, motor carrier authorization in interstate points and the off-route point of Fort and duffle bags, between Milford, Pa., or foreign commerce within the limits Polk, subject to the following restric­ and Lake Como, Pa., for 180 days. N o t e : of thé intrastate authority sought, pur­ tions: (1) No commodity shall be trans­ Applicant proposes to tack this authority suant to section 206(a) (6 ) of the Inter­ ported in bulk, in tank vehicles; (2 ) no at Milford, Pa., with its authority in cer­ state Commerce Act, as amended Oc­ commodity shall be transported from tificate MC-128213 authorizing the tober 15, 1962. These applications are Shreveport, La., destined to Lake transportation, over irregular routes of governed by Special Rule 1.245 of the Charles, La.; (3) no commodity shall the commodities named above, between Commission’s rules of practice, published be transported from Lake Charles, La., Milford, Pa., on the one hand, and, on in the F ederal R eg ister , issue of April 11, destined to Shreveport, La.; and (4) the other, points in New Jersey, for 180 1963, page 3533, which provides, among commodities moving in intrastate com­ days. Supporting shipper: The New Jer­ other things, that protests and requests merce will be assessed charges as pub­ sey YM HA-YW HA Camps, 589 Central for information concerning the time and lished by the regular motor freight tariff Avenue, East Orange, N.J. 07018. Send place of State Commission hearings or bureau. N o t e : The traffic may move in protests to: District Supervisor Joel other proceedings, any subsequent the same vehicle in which applicant is Morrows, Bureau of Operations, Inter­ changes therein, any other related mat­ transporting U.S. Mail under contract. state Commerce Commission, 970 Broad ters shall be directed to the State Com­ Both intrastate and interstate authority Street, Newark, N.J. 07102. mission with which the application is sought. By the Commission. filed and shall not be addressed to HEARING: Not yet assigned. Requests or filed with the Interstate Commerce for procedural information, including the [ seal] H . N e il G ar so n , Commission. time for filing protests, concerning this Secretary. State Docket No. 10397, filed March 31, application should be addressed to the [F.R. Doc. 69-4442; Filed, Apr. 15, 1969; 1969. Applicant: CLAUDE GULLEY, JR., Louisiana Public Service Commission, 8:48 a.m.] 180 Arthur Drive, Shreveport, La. 71105. Baton Rouge, La., and should not be Applicant’s representative : Harold R. directed to the Interstate Commerce Ainsworth, 2307 American Bank Build­ Commission. NOTICE OF FILING OF MOTOR CAR­ ing, New Orleans, La. 70130. Certificate By the Commission. RIER INTRASTATE APPLICATIONS of public convenience and necessity sought to operate a freight service [ s e a l ] H . N e il G a r s o n , A p r il 11,1969. as follows: Transportation of General Secretary. The following applications for motor commodities, between Shreveport, [F.R. Doc. 69-4444; Filed, Apr. 15, 1969; common carrier authority to operate in La., and Lake Charles, La., over U.S. 8:48 a.m.]

CUMULATIVE LIST OF PARTS AFFECTED—-APRIL

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

3 CFR Pase 7 CFR— Continued page 10 CFR page Proclamation : 959______6439 2______6037 3908______6467 966_____ 6326 50______6037 Executive O rders : 980__ ;______L 6326 73______6277 11248 (amended by EO 11463) _ 6029 987______6471 115______6037 11368 (amended by EO 11464) _ 6233 1073______6516 150— ______6517 11462 ------5983 1103______6516 P roposed R u l e s : 11463 ------6029 1133______6182 1______6002 11464 __ 6233 1430______6471 2______6002, 6540 11465 ------6415 1468______6328 50------6002, 6540 1472___ 6327 115_____ 6002 5 CFR 1601______6328 213___ 5985, 6035, 6036, 6180, 6515 P roposed R ules : 12 CFR 550_ ------5985, 6277 28______6244 201______6417 735____ ------6515 81______6283 204______6329 224______6*72 7 CFR 362______6106, 6194 932______6482 226------6417 51 ______------6180 980______.___ 6396 563------6279 52 ______650______;______6329 ------6437 1005______6531 215___ ------6515 654______6329 220 1009______6531 _ ------6321 P roposed R u l e s : 718_ ------6235 1036______6531 811__ 217______6200 ------____ 6469 1064______6482 226______6295 813_ ------6321 1103______5998 814_ 329______6198 ______6031 1138______6001 526------6199 849_ ------6237 905. 545------6542 ------6277 8 CFR 563______6543 906. ------6075 907_ ^ 1 4 — ______. 6036 569______6200 ------6034, 6325 238______. 6036 908. 6035, 6325, 6326, 6470 910 ______" 14 CFR ------6181, 6437, 6470 316a_____...... 6036 911 ______I 39______6330, 6375, 6376, 6472, 6518, 6519 —------6438 912 ______9 CFR 71------5895, 5896 ------6181, 6439 913, P roposed R ules: 6038, 6075-6079, 6173, 6280, 6331, ______6182, 6439 944_ 76______6047 6376, 6473-6475, 6519 ...... 6516 3 1 7 __ ;_____ 6284, 6538 73------5986, 6079, 6080

FEDERAL REGISTER, VOL. 34, NO. 72— WEDNESDAY, APRIL 16, 1969 6564 FEDERAI REGISTER

14 CFR—Continued Page 21 CFR— Continued 41 CFR Page 75______—____ 6079 P roposed R u l e s —C ontinued 5-1______6192 93______6475 121______6194, 6284, 6442 5-2______6192 97______,______6174, 6377 130______6443 5-3______6192 208______;______6081 141______6443 5-53______5990 214______6087 141c______6284 12-3______6242 385______6091 146c______6284 12-7______6243 1204______6393 146d______6284 12-15______6243 P roposed R u l e s : 146e______6284, 6443 101-19______6192 2 3 -______6195 25______6443 2 2 CFR 42 CFR 29______6196 41______6479 81______6394, 6436 39______6398 P roposed R u l e s : 61______¿______6112, 6484 2 4 CFR 71______6001, 73______6047 25 ______6421 6122, 6197, 6288, 6289, 6486-6489, 76______6122 200______6183 6540 81______6539 242______6183 73______6050 1906______6421 75______6289 43 CFR 91______6196 P roposed R u l e s : P u b l ic L an d O r ders: 121______6112, 6196, 6198, 6333, 6443 1907______i ______6245 4582 (modified by PLO 4589) _ 6331 123______6443 4589 ______6331 127______6196, 6198 2 6 CFR 4590 ______6524 135______6195, 6198 601______6424 4591 ______6524 225______6489 P roposed R u l e s : 298______6256 41______6244, 6333 45 CFR 15 CFR 40______5990 2 9 CFR 121_____ 6281 30______6183 1504______'______6150 372 ______6091 46 CFR 373 ______6092 P roposed R u l e s : 379______6094 8 5 0 ™ ______6396 255______5991 385______6096 309______5991 P roposed R u l e s : 31 CFR 4 7 CFR 1000______6246, 6254 82______6393 o______6480. 6524 16 CFR 205______6521 ______6480 13______6039, 17______6480 6040, 6097-6100, 6393, 6476-6478 32 CFR 21______6525 15______6519 198______5987 43 ______6526 ______6375 ____ 5996 17 CFR 200 73______! ___ 536 ____ 6241 81 ______6527 1______6478 537 ___ 6433 ____ 6527 240______6101 83______87______- __ 6528 18 CFR 32A CFR 97 ___ 6528 141______6520 NSA (Ch. x v n i ) : P roposed R ules: AGE 1______6522 63 6290 19 CFR INS-1______6188 6293,6397 1 __ 6375 73______95 . 6293 8 ______6418 33 CFR 10______6520 97------_ 6294,6334 16 ______5986, 6418 110______5988, 6480 207______6480 4 9 CFR 21 CFR 117______5989, 6280 ___ 6395 2 ___ 6237 P roposed R u l e s : __ 6436 17 ______6479 117______6539 173 6437 120 ______6041, 6239, 6418, 6419 ___ 6102 121 ______6043, 6239, 6240, 6419 36 CFR 138______- 6043 1033—______5997, 6281, 6395 141______6420 7______6331, 6523 P roposed R ules: 145 ______6044 P roposed R u l e s : 173 6290, 6444 146 ______6237 7______6283 obo ______6001 147 ______6241 6529, 6530 148p______6420 1033 148v______6044 39 CFR ,<ú » ______'° 50 149d______6420 201______6101 281______5987 542______6190 P roposed R u l e s : 822______i______;______5989 832______6101 50 CFR 3______6441 2 8 ______6103, 6282, 6331 8 ______6396 P roposed R u l e s : 120______6442 132______i. 5998 3 3 ______6104, 6105, 6282, 6332, 6529