FEDERAL REGISTER VOLUME 34 • NUMBER 171 Saturday, September 6,1969 • Washington, D.C. Pages 14117-14160

Agencies in this issue— Agricultural Stabilization and Conservation Service Agriculture Department Army Department Civil Aeronautics Board Consumer and Marketing Service Customs Bureau Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Power Commission Fiscal Service Food and Drug Administration Forest Service Immigration and Naturalization Service Interstate Commerce Commission Securities and Exchange Commission Detailed list of Contents appears inside. Now Available

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AGRICULTURAL STABILIZATION FEDERAL AVIATION FOOD AND DRUG AND CONSERVATION SERVICE ADMINISTRATION ADMINISTRATION Rules and Regulations Rules and Regulations Rules and Regulations Peanuts, 1969 crop; comity normal n Airworthiness directive; Dowty Pesticide chemical tolerances; car yield determinations— ___----- 14121 Rotol propellers installed on bofuran ______14126 British Aircraft Corp. airplanes. 14123 Proposed Rule Making AGRICULTURE DEPARTMENT Federal airways, controlled air­ space, and restricted airspace; . Hazardous substances; labeling See also Agricultural Stabilization alteration— —— —------. . . 14124 requirements ______I______14129 and Conservation Service; Con­ Representatives of the Admin­ sumer and Marketing Service; istrator; issuance of experi­ FOREST SERVICE Forest Service. mental certificates by desig­ Notices Notices nated manufacturing inspection Timber available for export; sur­ Designation of areas for emer­ representatives. ------— r __ - 14124 plus status of Alaska yellow- gency loans: Proposed Rule Making cedar and western redcedar___ 14137 Louisiana______14137 Annette Island, Alaska, Airport; West Virginia and Wisconsin— 14138 landing and parking charges HEALTH, EDUCATION, AND and additional r u l e s . —- 14129 WELFARE DEPARTMENT ARMY DEPARTMENT See Food and Drug Administra­ Rules and Regulations FEDERAL COMMUNICATIONS tion. COMMISSION Employment of troops in aid of IMMIGRATION AND civil authorities __— l - 14126 Notices NATURALIZATION SERVICE CIVIL AERONAUTICS BOARD Minneapolis Star and Tribune Co. and WKY Television System, Rules and Regulations Notices Inc.; hearing, etc..___ *______14142 Powers and duties of service offi­ Hearings, etc.: cers; availability of service American Courier Corp. and Sky FEDERAL MARITIME records; fees; correction_____ 14123 Courier, In c..______14140 COMMISSION International Air Transport INTERSTATE COMMERCE Association (3 documents) ___ 14138, Notices 14141 Agreements filed: „ COMMISSION Japan-Atlantic & Gulf Freight Notices CONSUMER AND MARKETING Conference______.______14147 Fourth section applications for re­ SERVICE Massachusetts Port Authority lief (2 documents)______14154 et al______14147 Motor carriers: Rules and Regulations North Atlantic Continental Temporary authority applica­ Freight Conference______14148 Lemons grown in California and tions (3 documents)__ 14155-14157 North Atlantic Westbound Transfer proceedings______14158 Arizona; handling lim itation..1 4 1 2 2 Freight Conference_4.______14148 Proposed Rule Making Royal Mail Lines, Ltd., et al_14148 JUSTICE DEPARTMENT Oranges and grapefruit grown in Trans-Pacific Freight Con­ ference (Japan).______14148 See Immigration and Naturaliza­ Texas; container and pack tion Service. regulation______14129 FEDERAL POWER COMMISSION SECURITIES AND EXCHANGE CUSTOMS BUREAU Notices COMMISSION Notices Hearings, etc.: Aztec Oil and Gas Co. et al__ _ 14149 Rules and Regulations Pig iron from certain coun­ Champlin Petroleum Co. et al_14149 Guide for prospectuses relating to tries; antidumping proceeding Consolidated Gas Supply Corp. 14153 notices: public offering of interests in oil Brazil______14136 Houston Royalty Co. et al_____ 14150 and gas programs; interpreta­ Shell Oil Co______14151 Canada______14136 tive release______14125 Finland______14136 Sohio Petroleum Co. et al_____ 14152 Norway______i______14136 Texas Gas Exploration Corp. TRANSPORTATION DEPARTMENT Sweden______14136 et al______14153 S ee Federal Aviation Administra­ United Kingdom______14137 tion. West Germany______14137 FISCAL SERVICE Rules and Regulations TREASURY DEPARTMENT d efen se d e p a r t m e n t Miscellaneous amendments See Customs Bureau; Fiscal See Army Department. to chapter______14126 Service. 14119 14120 CONTENTS 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.

7 CFR 14 CFR 31 CFR 729______— ______14121 39______14123 251___...... — ______14126 910______— 14122 71______14124 253______14126 P roposed R u l e s : 73______14124 254— ______14126 183_____ 14124 256______14126 906______14129 P roposed R u l e s : 290______14126 8 CFR 167______^______14129 32 CFR 103 ______14123 17 CFR 501______14126 231______14125 21 CFR 120—______14126 P roposed R u l e s : 191______— 14129 14121 Rules and Regulations

ance with the Act and § 729.42(a) (33 G eorgia— Continued Title 7— AGRICULTURE F Jt. 18351) are as follows: Normal Normal Yield Yield Alabama Chapter VII— Agricultural Stabiliza­ County (pounds) County (pounds) tion and Conservation Service Normal Normal Montgomery _ 1,519 T a lfa ir__ _._ 1,571 Yield - Yield Muscogee _ 676 T e rre ll__ ___ 1,702 (Agricultural Adjustment), Depart­ County (pounds) County (pounds) Newton__ ___ 1,116 T h o m as_ _ _ 1,840 ment of Agriculture Autauga____ 1, 099 Elmore ____ 850 P e a c h _ ___ 1,520 T i f t ______2,022 B arb ou r____ 1,213 Escam bia___ 1, 422 Pierce __ 1,343 Toombs_ ___ 1,654 SUBCHAPTER B— FARM MARKETING QUOTAS B lo u n t______661 G eneva_____ 1, 523 P ike______1,424 Treutlen ____ 1,362 AND ACREAGE ALLOTMENTS Bullock ____ 675 Henry ___,__ _ 1, 345 Pulaski__ ___ 1,832 Turner__ 2,002 PART 729— PEANUTS Butler ______939 Houston ___ 1,600 Quitman _ 1,286 Twiggs ______1,618 Calhoun____ 840 Lee ______620 Randolph ____ 1,662 U pson___ 959 Subpart— 1969 Crop of Peanuts: C ham bers__ 875 M a co n __ .___ 590 Richmond ___ 1,405 Warren __ 880 Chilton _____ 850 Marengo_i _ 520 S ch le y _ ___ 1,605 Washington _ 1,828 Acreage Allotments and Marketing Clay ___ 750 M obile______760 Screven ___ 1,941 W a y n e __ ___ 1, 101 Quotas Coffee______1,264 M onroe_____ 1,226 Seminole ____ 1,855 W ebster_ _ _ 1,453 Conecuh ___ 1,031 Montgomery _ 785 Stewart _____ 1,313 W heeler_ ___ 1,910 County Normal Y ield Determinations C o o sa______540 Perry ______880 Sumter ___ 1,822 W ilco x __ ___ 1,965 Basis and purpose. The regulations Covington ___ 1, 366 Pike — 1,038 Talbot — 1,421 Wilkinson —_ 1,475 C renshaw __ 1,129 R ussell___ ._ 793 T a ttn a ll_ ___ 1,927 Worth___ __ 1,939 contained in § 729.107 below, are issued Taylor___ pursuant to and in conformity with the Cullman ___ 870 Tuscaloosa __ 700 _ 1,557 Dale ______1, 335 Wilcox _____ 580 Louisiana (P arish es) peanut marketing quota provisions of D allas______576 the Agricultural Adjustment Act of 1938, Beauregard 451 Lincoln ____ 893 as amended, hereinafter referred to as Arizona Bienville _ 903 U nion______380 La Salle _ the Act, and the Allotment and Market­ Cochise ____ 2,426 Yuma i__; 2,354 455 ing Quota Regulations for Peanuts of Pima ______2, 710 Mis sis s ip p i the 1969 and Subsequent Crops (33 P.R. Arkansas Alcorn __ 736 Lauderdale_ 346 18351,18981). Calhoun___ Attala _ __ 440 Lowndes ___ 250 710 Jefferson ___ Î, 438 B enton__ Subsections 301(b) (13) Cumberland _ 1,664 tion of the amount of penalty on excess Baldwin _____ 1,154 E m an u el___ 1,480 Pitt _ _ ___ 1,928 Peanuts marketed from a farm, it is Ben Hill ___ 2,113 Evans C u rritu ck __ 1,907 Richmond _. 1,463 1,879 Duplin ___ 1, 081 Robeson essential that county normal yields be B errien____ 1,938 Glascock ___ 822 1,184 Bleckley _____ 1,792 Edgecom be_ 1,954 Rowan 1,307 determined and announced as soon as Gordon _____ 859 Gates ______Brooks ______1,985 Grady ______2, 373 Sam pson___ 1,441 Possible. Accordingly, it is hereby found 1, 802 G reene_____ 1,911 Bryan _ ___ 1,553 Hancock ____ 295 Scotland ___ 1,503 ana determined that compliance with the B u llo ch _____ 1,912 H alifax__ ___ 2, 146 Tyrrell _____ 1, 632 Houston 1,830 Hertford notice, public procedure and effective Burke ______1, 520 Irwin __ _ 2,180 Wake 1, 437 2, 301 Iredell ___ 515 aate provisions of 5 UJS.C. 553 is imprac­ Calhoun____ 2, 009 Jeff Davis___ 2, 024 W arren_____ 1, 057 and Candler Jo h n ston ___ 1,650 Washington __ 2,071 tical contrary to the public interest, 1,776 Jefferson___ 1, 512 Jones therefore, the county normal yields Chattachoo- Jenkins____ 1,484 Wayne 1, 347 1,525 Lenoir - ____ 1,690 Wilson specified below shall become effective ch ee_____ 601 Johnson 1,413 1,535 upon publication in the F ederal R egister. Clay ------1, 554 Lanier__ 2, 236 Oklahoma Coffee___ __ 1,935 Laurens 1,494 Adair __ _ 1,142 Carter ~ ___1, 120 §729.107 Determination of the county Colquitt____ 2,006 Lee ___ __ 1, 877 Atoka _ ------1,348 C ook______Choctaw ___ 880 normal yields for 1969 crop of 2,063 Lowndes _ _ 1,466 Beckham ----- 2,379 Cleveland 1,404 peanuts. Crawford___ 1,107 M acon___ 1,664 Blaine__ ------2,471 Coal _ __ Crisp______892 County normal yields for the 1969 2,106 Marion 1,336 Bryan ------1,139 Comanche — 1,597 Decatur 1, 773 Müler 1,967 Caddo ______2,810 Crop of peanuts, determined in accord­ Dodge C reek __----- 901 1,488 Mitchell 1,850 Canadian ___ 2,110 Custer — 2,511

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 14122 RULES AND REGULATIONS

Oklahoma—Continued T exas—Continued Act of 1937, as amended (7 U.S.C. 601- Normal Normal Normal Normal 674), and upon the basis of the recom­ Yield Yield Yield Yield mendations and information submitted County (pounds) County (pounds) County (pounds) County (pounds) by the Lemon Administrative Commit­ Dewey ______714 M cIntosh__ _ 1, 209 Llano ______1,418 San Saba _..__ 1,196 Garvin ______2, 052 M arsh all__ _ 1,575 Lubbock ___1,013 S m ith ____ 612 tee, established under the said amended Grady _ __ 1, 921 Murray ___ 1, 523 McCulloch __ 2,058 Somervell _ 815 marketing agreement and order, and Greer ______1,962 M uskogee_- 1, 066 McLennan ___ 1, 137 Stephens _ 648 upon other available information, it is H arm on____ 1, 491 Okfuskee__ _ 1, 194 Madison 555 Stonewall _ 657 hereby found that the limitation of Haskell _ ____ 1, 018 Oklahoma __ 1,330 M a so n __ ___ 1,976 Tarrant__ . 1,044 handling of such lemons, as hereinafter Hughes ______1, 486 Okmulgee__ 1, 346 M edina__ — _ 1,950 Terry ______2,155 provided, will tend to effectuate the de­ Jackson _____ 1, 269 Pawnee____ 903 Menard__ ___ 1,268 Titus ______1,555 clared policy of the act by tending to Jefferson___ 923 Payne _____ 1,021 M ills____ 867 Travis____ 595 Jb h nston ___ 1,414 Pittsburg__ _ 1, 309 Milam ___ 910 Trinity __ 683 establish and maintain such orderly Kingfisher __ 1,787 P o n to to c__ _ 1,314 Montague ___ 1,186 Upshur___ 586 marketing conditions for such lemons as Kiowa ______2, 676 Pottawatomie 1, 566 Morris______1,577 Van Zandt _ 989 will provide, in the interest of producers LaFlore __ __ 888 Pushmataha _ 930 Motley :__ — 2,360 V icto ria__ 681 and consumers, an orderly flow of the Lincoln _____ 1, 343 Sem inole__ _ 1,266 Nacogdoches _ 640 W alker___ __ 1,088 supply thereof to market throughout the Logan _ _ 1,737 Stephens__ _ 1,395 Palo Pinto 858 Waller______1,146 normal marketing season to avoid un­ L o v e ______1, 199 Tulsa ___ 622 Panola 640 Washington 839 M cClain____ 1, 517 Wagoner___ 801 Parker___ —_ 1,045 Webb ____ _ 1,024 reasonable fluctuations in supplies and McCurtain__ 874 W ashita__ 3, 137 P arm er_ _— 3,401 Williamson 981 prices, and is not for the purpose of P o l k ______528 W ilson ___ __ 1,201 maintaining prices to farmers above the S o u th Carolina Red River ___ 1,318 W is e ______991 level which it is declared to be the policy Aiken ______1, 219 H am pton__ 1,477 Robertson ___ 1,028 Wood _^___ 515 of Congress to establish under the act. Allendale___ 1, 595 H o rry ___ __ 1,287 Runnels_ 750 Yoakum __ __ 1,562 B am b erg___ 1, 761 K ersh a w __ 1,828 R u sk ______620 Young____ 670 (2) It is hereby further found that it B arn w ell___ 1,714 Lee __ __ 1, 852 S a b in e __ _ _ 510 Z a v a la ___ __ 2,997 is impracticable and contrary to the pub­ Cherokee___ 421 Marion 1, 027 San Augustine 620 lic interest to give preliminary notice, Clarendon___ 1,398 M arlboro__ 724 engage in public rule-making procedure, Colleton____ 1, 192 Orangeburg « 574 Virginia Normal and postpone the effective date of this D arlin gton _ 1,319 Spartanburg 540 section until 30 days after publication Sumter 1,847 Yield D illon______1, 052 hereof in the F ederal R egister (5 U.S.C. Dorchester__ 661 Williams- County (pounds) Florence ___ 1,649 burg 689 Brunswick __ __ 1,324 553) because the time intervening be­ Greenville__ 1, 200 Chespeake__ ___ 1,920 tween the date when information upon Chesterfield _. __ 1,262 which this section is based became avail­ T en n essee Dinwiddle___ __ 1,919 able and the time when this section must B en to n ______613 H ickm an__ _ 605 Greensville __. ___ 2,222 Isle of Wight. ___ 2,580 become effective in order to effectuate Bradley _____ 1,253 Humphreys __ 546 the declared policy of the act is insuffi­ C arro ll_____ 553 Law rence__ 638 James City______1,517 Decatur _____ 811 Lewis ______797 Mathews ______1,507 cient, and a reasonable time is permitted, D ickson_____ 492 O bion_____ 711 Mecklenburg . 671 under the circumstances, for prepara­ G ibson______992 Perry ______1,769 Nansemond _. — _ 2,557 tion for such effective time; and good H ardem an__ 699 Polk ______807 New Kent______1,588 cause exists for making the provisions H ard in ______850 Wayne ____ 727 Northampton ___1,565 hereof effective as hereinafter set forth. Henderson__ 685 W eakley___ 874 Prince George __ 2,077 Southampton ___2,641 The committee held an open meeting T exas Surry ______2,449 during the current week, after giving Sussex ______2,333 due notice thereof, to consider supply Anderson___ 903 Fayette _ __ 802 Andrews ___ 1,991 Fisher ______611 (Secs. 301, 375, 52 Stat. 38, as amended, 66, and market conditions for lemons and Atascosa ___ 1,666 Floyd __ _ 885 as amended, 7 U.S.C. 1301, 1375) the need for regulation; interested per­ A u stin ______1, 124 Fort B en d _ 586 sons were afforded an opportunity to B ailey______2, 257 F ra n k lin __ - 948 Effective date. Date of publication in submit information and views at this B a stro p _____ 816 Freestone __- 781 the F ederal R egister. meeting; the recommendation and sup­ Baylor ______1,437 Fr io ______2, 424 porting information for regulation dur­ . G ain es____ 2, 107 Signed at Washington, D.C., on Au­ Bee ______767 gust 29, 1969. ing the period specified herein were Bexar ______976 Garza _ _ »_ 7Ö2 promptly submitted to the Department Bosque __ _ _ 1,125 Gillespie __ 786 K enneth E . F rick, Bowie ______487 G onzales__ - 1,104 Administrator, Agricultural Sta­ after such meeting was held, the provi­ Briscoe_____ 1,764 Grayson___ 1,180 bilization and Conservation sions of this section, including its Brown _____ 930 G reg g ------680 Service. effective time, are identical with the B u rleson ___ 675 G rim es____ 570 aforesaid recommendation of the com­ G uaduple_ - 701 [F.R. Doc. 69-10629; Filed, Sept. 5, 1969; B u rn e t_____ 620 8:45 a.m.] mittee, and information concerning such Caldwell ____ 838 Hale ______2,046 Hall ______2,124 provisions and effective time has been C allah an ___ - 858 disseminated among handlers of such Cass ______1,342 Ham ilton___ 1, 608 Cherokee___ 966 Harris ______1,346 Chapter IX— Consumer and Market­ lemons; it is necessary, in order to effec­ Clay ______634 Henderson__ 1, 089 ing Service (Marketing Agreements tuate the declared policy of the act, to Cochran____ 1, 803 H ill______913 and Orders; Fruits, Vegetables, make this section effective during the Coleman ;__ 717 Hood ______1,158 period herein specified; and compliance Collings­ Hopkins____ 1, 090 Nuts), Department of Agriculture Houston_____1, 088 With this section will not require any worth ____ 1, 344 [Lemon Reg. 390] special preparation on the part of per­ Colorado___ 1,139 Jack ______897 Jim W ells___ 1,544 PART 910— LEMONS GROWN IN sons subject hereto which cannot be Comanche__ 1, 307 Johnson_____ 863 completed on or before the effective date Cooke ______767 CALIFORNIA AND ARIZONA Coryell_____ 1,799 Jones ______919 hereof. Such committee meeting was Karnes _____ 935 held on September 3, 1969. C rosby______1,490 Kent ______566 Limitation of Handling Denton_____ 979 (b) Order. (1) The respective quanti­ K in g ______3,196 § 910.690 Lemon Regulation 390. De W itt____ 686 Lamar ______1,250 ties of lemons grown in California and D im m it_____2, 110- Lamb ______1, 618 (a) Findings. (1) Pursuant to the Arizona which may be handled during D onley_____ 1,187 Lampasas___ 842 the period September 7, 1969, through D uval______1,971 marketing agreement, as amended, and LaSalle______2,234 Order No. 910, as^amended (7 CFR Part September 13, 1969, are hereby fixed as E a stla n d ___ 1,223 L a v a ca ______765 Ector ______710 Lee ______788 910), regulating the handling of lemons follows: E r a t h ______1,354 Leon ______678 grown in California and Arizona, effec­ (i) District 1: Unlimited movement; F a lls ______799 Lim estone__ 930 tive under the applicable provisions of (ii) District 2: 232,500 cartons; Fan n in _____ 1, 313 Live O a k ___ 947 the Agricultural Marketing Agreement (iii) District 3: 3,721 cartons.

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 RULES AND REGULATIONS 14123

(2> As used in this section, "handled,** service life limits for hub driving center (c) Propeller serial numbers : “District I,** "District 2,” “District 3>** assemblies. D R a.i2/ei 99369 99620 and “carton** have the same meaning as Interested persons have been afforded DRGf.13/61 99375 99621 when used in the said amended market­ an opportunity to participate in the DRG.15/61 99377 99741 ing agreement and order. making of the amendment. No objec­ 574 99381 99742 tions were received. 5733 99386 99743 (Secs. 1-19, 48 Stat. 31, as amended; ? U.S.C. 57265 99388 99745 601-674} In consideration of the foregoing, and 57268 pursuant to the authority delegated to 99395 99749 Dated: September 4, 1969. 98338 99396 99752 me by the Administrator (14 CFR 11.89), 99180 99397 99754 P aul A. Nicholson, 5 39.13 of the Federal Aviation Regula­ 99186 99399 99759 Deputy Director, Fruit and- tions is amended by adding the follow­ 99187 99403 99766 Vegetable Division, Consumer ing new airworthiness directive: 99190 99405 99771 99191 99407 and Marketing Service. Dowty Rotol. Applies to Dowty Rotol Pro­ 99772 pellers Type Nos. (c) R.130/4-20-4/12E 99198 99409 99784 [Fit, Doe. 69-10738; Filed, Sept. 5, 1969; 99207 99410 99791 and (c) R.148/4—20-4/2IE Installed on 99211 11:36 a m .} British Aircraft Oorp. (Vickers) Viscount 99411 99800 744 and 745D airplanes. 99217 99413 99804 99218 99417 100024 Compliance required as indicated, unless 99220 99427 100025 already accomplished. 99221 99429 100040 Title 8— ALIENS AND (a) For Type No. (c) R.13Q/4-20-4/12E 99222 99434 101579 propellers installed, on Model 745D, Viscount 99224 99437 101584 NATIONALITY airplanes and for Type No. (c) R.148/4-20- 99231 99440 101586 4/21E propellers installed cm Model 744 Vis­ 99235 99443 101804 Chapter f— Immigration and Natural­ count airplanes, accomplish the following: 99239 99468 101929 ization Service, Department of (1) For propellers having hubs with 15,000 99241 99472 101985 Justice or more hours’ time in service on the effective 99244 99546 101986 date of this AD, accomplish the inspection 99266 99557 101987 PART 103— POWERS AND DUTIES OF required by paragraph (3) of this section 99267 99568 102041 within the next 400 hours’ time in service 99268 99573 102046 SERVICE OFFICERS; AVAILABILITY after the effective date of this AD, or before 99269 99575 102052 OF SERVICE RECORDS 3,000 hours' time in service since the last 99270 99577 102071 Inspection, whichever occurs later. There­ 99272 99578 102073 Fees after, repeat this inspection at intervals not 99275 99579 102148 to exceed 3,000 hours’ time in service from 99276 99580 102149 Correction the last inspection. 99278 99587 102152 In F.R. Doc. 63-10412 appearing at (2) For propellers having hubs with less 99281 99594 102166 than 15,000 hours’ time in service on the 99283 99596 102167 page 13920 in the issue for Saturday, Au-< 99284 99597 102168 gust effective date of this AD, accomplish the in­ 30, 1969, in § 103.7(b) (2), the refer­ spection required by paragraph (3) of this 99323 99600 102170 ence to “Form 1-500” in the first “user section before 3,000 hours’ time in service has 99330 99603 102184 charge” should read “Form 1-550”. accumulated since the last inspection, or be­ 99337 99606 102257 fore the accumulation of a total of 15,400 99339 99609 102259 hours' time in service, whichever occurs later. 99341 99613 102349 Thereafter, repeat this inspection at inter­ 99352 99614 102489 vals not to exceed 3,000 hours’ time in serv­ 99353 99615 Title 14— AERONAUTICS AND ice from the last inspection. 99368 99617 (3) Inspect the hub arm threads including (d) For hub and driving center assembly SPACE binocular inspection and crack testing in ac­ having P/Nos. listed in paragraph (e), ac­ cordance with Dowty Rotol Limited Service complish the following: Chapter I— Federal Aviation Adminis­ Bulletin No. 61-608, Revision 1, dated June tration, Department of Transportation 1968, or later ARB-approved issue, or an (1) Remove from service all hub and driv­ FAA-approved equivalent method. If cracked ing center assemblies having 30,000 or more [Docket No. 9524; Arndt. 39-837} threads are detected during any inspection, hours’ time in service on the effective date of this AD, within the next 400 hours time in PART 39— AIRWORTHINESS before further flight, replace the propeller hub with a serviceable part of the same part service after the effective date of this AD. DIRECTIVES number. (2) Remove from service all hub and driv­ (b) For Hub and Driving Center Assembly ing assemblies having less than 30,000 hours’ Dowty Roto! Propellers Installed on P/Nos. RA.48546, RA.59601, and RA.59602 in­ time in service on the effective date of this British Aircraft Corp. (Vickers) Vis­ stalled on propellers having serial numbers AD within the next 400 hours' time in serv­ count 744 and 745D Airplanes listed in paragraph (c) accomplish the ice after the effective date of this AD, or upon following: the accumulation of a total of 30,000 hours’ A proposal to amend Part 39 of the (1) Remove from service all hub and driv­ time in service, whichever occurs later. Federal Aviation Regulations to include ing center assemblies having 20,000 or more (e) Hub and driving center assembly part an airworthiness directive applicable to hours’ time in service on the effective date of numbers: Oowty Rotol Propellers Type Nos. (c) this AD within the next 400 hours’ time in RA41744 RA45155 RA48546 R.130/4-20-4/12E and (c> R.148/4-20- service after the effective date of this AD. RA44761 RA45155/1 RA49557 4/21E installed on British Aircraft Corp. (2) Remove from service all hub and driv­ RA44761/1 RA45155/2 RA56345 ing center assemblies having less than 20,000 RA44761/2 RA47436 RA58184 (Vickers) Viscount 744 and 745D air­ hours’ time in service on the effective date of planes RA44761/3 RA47436/2 RA59601 was published in 34 F.R. 6659. The this AD, within the next 400 hours* time in RA44761/4 RA47436/4 RA59602 AD requires inspection for cracked service after the effective date of this AD, RA44761/5 RA47592 threads on propeller hub arms and re­ or upon the accumulation of a total of 20,- 000 hours' time in service, whichever occurs This amendment becomes effective placement, if necessary, and imposes later. October 6,1969.

FEDERAL REGISTER, VOL. 34, NO. 17 T— SATURDAY, SEPTEMBER 4, 1969 14124 RULES AND REGULATIONS

(Secs. 313(a), 601, 603-, Federal Aviation Act [Docket No. 9083; Arndt. 183-4] approvals, however, are issued for en­ of 1958; 49 U.S.C. 1354(a), 1421, 1423; sec. gines and propellers. For these reasons, 6(c), Department of Transportation Act, 49 PART 183— REPRESENTATIVES OF the various kinds of certificates and ap­ U.S.C. 1655(c)) THE ADMINISTRATOR provals issued by a DMIR should be clari­ Issued in Washington, D.C., on August Issuance of Experimental Certificates fied by separating the various kinds of 29, 1969. issuances for consistency with current by Designated Manufacturing In­ terminology. Therefore, the amendment R. S. S liff, spection Representatives is updated to use terminology consistent Acting Director, with that used in other airworthiness Flight Standards Service. The purpose of this amendment of § 183.31 of the Federal Aviation Regula­ rules dealing with the same kind of issu­ [F.R. Doc. 69-10646; Filed, Sept. 5, 1969; tions is to permit designated manufac­ ances! 8:45 a.m.] turing inspection representatives The amendment as proposed in the (DMIRs) to issue experimental certifi­ NPRM included a provision that before an experimental certificate is issued by [Airspace Docket No. 66—SW-38] cates for production certificate holders. The amendment would also remove the a DMIR, he shall obtain from the Ad­ PART 71 — DESIGNATION OF FEDERAL DMIR’s present delegation of authority ministrator any limitations and condi­ AIRWAYS, CONTROLLED AIRSPACE, to conduct station inspections. tions that the Administrator considers necessary for safety. As DMIRs are rep­ AND REPORTING POINTS This amendment is based on notice of resentatives of the Administrator and proposed rule making No. 68-34, pub­ PART 73— SPECIAL USE AIRSPACE act within limits prescribed by and under lished in the F ederal R egister on De­ the general supervision of the Admin­ Alteration of Federal Airways, Con­ cember 6, 1968 (33 F.R. 18200). istrator, a general provision to that effect trolled Airspace, and Restricted Several comments were received on the has been included in the amendment in proposal contained in Notice No. 68—34. Airspace lieu of the provision that was in the pro­ The comments unanimously were in posed amendment. On August 1, 1969, F.R. Doc. 69-9026 accord with the proposal to permit In consideration of the foregoing, was published in the F ederal R egister DMIRs to issue experimental certificates § 183.31 of the Federal Aviation Regula­ (34 F.R. 12566) which in part amends for production certificate holders. How­ tions is hereby amended, effective Octo­ Parts 71 and 73 of the Federal Aviation ever, two of the comments objected to ber 6, 1969, as follows: Regulations, effective 0901 G.m.t., Sep­ removing the DMIR’s authority for tember 18, 1969, by altering the Camp conducting station and conformity § 183.31 Designated manufacturing in­ Claiborne, La., Restricted Area R-3801. inspections. spection representatives. This alteration relocated, enlarged, and One commentator objecting to with­ A designated manufacturing inspec­ subdivided R-3801. drawing from DMIRs the authority to tion representative (DMIR) may, within Subsequent to the publication of F.R. make station and conformity inspec­ limits prescribed by and under the gen­ Doc. 69-9026, the U.S. Air Force advised tions, stated that the requirements for1 eral supervision of the Administrator— that due to unforseen circumstances in­ a DMIR are stringent enough to insure (a) Issue—• volving construction, funding, and the that most DMIRs are as well qualified as 1 (1) Original airworthiness certificates clearing of a portion of Kisatchee Na­ FAA personnel to perform these func­ for aircraft and airworthiness approvals tional Forest of World War II artillery tions. The other commentator stated for engines, propellers, and product parts and mortar rounds, use of the redesig­ that deletion of this authority to DMIRs that conform to the approved design nated restricted area would be delayed is inconsistent with past FAA-policy of requirements. until January 1, 1971. The Air Force also advocating greater industry use of des­ (2) Export certificates of airworthi­ advised that continued use of the previ­ ignees and delegations, and that dele­ ness and airworthiness approval tags in ous R-3801 (currently in effect until tion of such authority, with out numer­ accordance with Subpart L of Part 21 Sept. 18,1969) is essential to the Tactical ous additional FAA inspectors to pro­ of this chapter; Air Command mission. Therefore, action vide timely conformity inspections, * * „ * * * is taken herein to rescind the alteration would result in production delays. (C) Make conformity inspections; of R-3801. For this reason, the conformity inspec­ Since this amendment restores air­ tion function of the DMIR has been re­ (d) Make any other inspections that space to the public use and relieves a tained in the rule. However, the station may be necessary to determine whether restriction, notice and public procedure inspection function of the DMIR has be­ prototype and production articles are thereon are unnecessary, and good cause come obsolete, as this function has for airworthy and safe for operation; and exists for making this amendment effec­ many yéars been reserved for FAA per­ (e) Issue experimental certificates tive on less than 30 days notice. sonnel who have the responsibility to for aircraft for which the manufacturer monitor quality assurance in the pro­ In consideration of the foregoing, F.R, holds the type certificate and which have Doc. 69-9026 is amended, effective upon duction of aircraft and aircraft parts. publication in the F ederal R egister, as Therefore, this latter function has been undergone changes to the type design hereinafter set forth. deleted in the amendment. requiring a flight test. 1. In paragraph No. 1, “excluding R - Furthermore, there is a need to update An authorization under this section is 3801D” is deleted. certain terminology in section 183.31 valid only for the manufacturing plant 2. Paragraphs Nos. 2 and 3 are deleted. that is inconsistent with that used in at which the representative is employed. other portions of the airworthiness parts (Sec. 307(a), Federal Aviation Act of 1958 (Secs. 13(a), 314, 601, 603, 608, 609, Federal (49 U.S.C. 1348); sec. 6(c), Department of amended subsequent to the adoption of Aviation Act of 1958; (49 U.S.C. 1354(a), 1355, Transportation Act (49 U.S.C. 1655 (c ))) § 183.31(a). For example, § 183.31(a) 1421, 1423, 1428, 1429; sec. 6 (c ), Department provides for the issuance of airworthi­ of Transportation Act 49 U.S.C. 1655(c) ) Issued in Washington, D.C., on Sep­ ness and export certificates “for aircraft, tember 4, 1969. engines, propellers, and other type cer­ Issued in Washington, D.C., on August H. B. H elstrom , tificated products * * Type certifi­ 29, 1969. Chief, Airspace and Air D. D. T homas, cates have.Nfor at least 10 years, been Acting Administrator. Traffic Rules Division. issued only to aircraft, engines, and pro­ [F.R. Doc. 69-10700; Filed, Sept. 5, 1969; pellers, and airworthiness certificates are [F.R. Doc. 69-10647; Filed, Sept. 5, * 1969; 8:48 a.m.] issued only for aircraft. Airworthiness 8:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 RULES AND REGULATIONS 14125

the guide is published in definitive form. 4. Definitions. Include an appropriate Title 17— COMMODITY AND Pending publication in definitive form, glossary of terms used in the prospectus the Division will generally follow the pro­ which should not be inconsistent with SECURITIES EXCHANGES posed guide as published in the text set their customary usage in the oil and gas forth below. industry. Chapter II— Securities and Exchange 5. Terms of the offering. Describe the Commission P rospectuses R elating to a P ublic Of ­ fering of I nterests in Oil and Gas interests and the amount and terms of offering. t Release 33-5001 ] Drilling P rograms 6. Additional assessments. Describe PART 231— INTERPRETATIVE RE­ Disclosures in prospectuses relating to those assessments which may be later LEASES RELATING TO SECURITIES oil and gas drilling programs should ap­ required from investors either for com­ ACT OF 1933 AND GENERAL RULES pear in the sequence indicated below, pletion of wells or for the drilling of addi­ AND REGULATIONS THEREUNDER except that the table of contents re­ tional wells and where available, histori­ quired by paragraph (c) of Rule 421 (17 cal information relating to past pro­ Guide for Prospectuses Relating to CFR 230.421) under the Act, to be in­ grams, of the registrant or its associates Public Offering of Interests in Oil cluded in the forepart of the prospectus should be shown, in tabular form, in­ and Gas Programs may be inserted at any appropriate place dicating for each program, the aggregate in the sequence of disclosures. amount (excluding assessments) paid by Prom time to time in the past, the Se­ The following disclosures should be in­ investors, the aggregate amount of addi­ curities and Exchange Commission has cluded under appropriate captions: tional assessments separately required published certain guides for the prepara­ 1. Cover page. The tabular presenta­ for (a) the completion of wells and (b) tion and filing of registration statements, tion specified by item 1 of Form S - l may the drilling of additional wells. representing policies and disclosure be omitted where the cover page sets 7. Plan of distribution. Describe how standards followed by the Commission’s forth the title and general nature of the the interests being offered are to be sold, Division of Corporation Finance in its securities being offered (an interest in as well as arrangements for compensa­ administration of the registration pro­ an oil or gas exploration program), the tion. visions of the Securities Act of 1933. minimum amount of the investment or 8. Proposed activities. Describe the The past 2 years have seen a substan­ commitment, a brief description of pro­ proposed activities of the program in tial increase in the number of registra­ posed method of distribution including which the interests are being offered. tion statements which have been filed on commissions proposed to be paid and 9. Application of proceeds. Include an Form S - l (17 CFR 239.11) for offerings a statement of the minimum aggregate appropriate percentage estimate of the of interests in oil and gas drilling pro­ amount necessary to activate the proceeds to be applied to the different grams as to which there is no completed, program. purposes within each of the principal ac­ proposed or pending transaction with 2. The risk factors. The investor should tivities of the program, such as acreage respect to specific acreage.1 At the time be advised in a carefully organized series acquisition, drilling of exploratory wells, of filing, the disclosures in these registra­ of short, concise paragraphs, under sub­ drilling of development wells and the tion statements have differed materially captions where appropriate, of the risks purchase of producing properties and from one to the other in both sequence he should consider before making an where possible, the information should be and content. These variations have fre­ investment in the program and should set forth in tabular forms. quently resulted in substantial delays in include cross references to where in the 10. Participation in costs and reve­ the processing time and in the effective­ prospectus further information may be nues. Describe the arrangements and un­ ness of the registration statements. found. derstandings with respect to the provi­ The staff of the Division of Corpora­ sion of funds for expenditures in connec­ tion Finance, accordingly, is of the view 3. Summary of the offering. There should be stated, in summary form, un­ tion with the program and with respect that in the best interests of issuers and to participations in revenues from any prospective investors the following guide der separate subcaptions the following four aspects of the offering with a cross production of minerals which may be should be published. The guide is de­ realized. sign to accomplish, to the extent feasible, reference to where in the prospectus further information may be found: (1) 11. Compensation. Describe, whether uniformity in both the sequence of dis­ in the form of cash or property interests, closures and their general content. The Terms of the offering should indicate the maximum aggregate amount being of­ the compensation for underwriting, guide should thus serve to assist issuers managerial, and operational services to in preparing registration statements in­ fered, the minimum aggregate amount necessary to activate the program, the be rendered in connection with the pro­ volving oil and gas drilling programs and gram, as well as the sources from which to facilitate the understanding and minimum subscription price, the period of the offering, and provisions for addi­ such compensation will be paid. analysis of the program by the investor, 12. Management. Include the disclos­ enabling him also to compare more tional assessments, if any; (2) Compen­ sation should describe generally all cash ures required by Items 16 through 20 of readily one offering with another. Form S - l as to, respectively, the manage­ The Commission has authorized pub­ or property interests that will be paid as compensation in connection with the ment and operating companies. lication of this proposed guide in order 13. Conflict of interest. Describe all to bring the views of the Division to the program, including underwriting com­ missions; (3) Participation in costs and conflicts of interest Which may arise in attention of prospective registrants. the operations of the program involving Comments and suggestions on the pro­ revenues should indicate the percentages of expenditures to be borne, respectively, parties engaged in the management and posed guide should be submitted to operation of the program. Charles E. Shreve, Director, Division of by the investors and other parties who Corporation Finance, Securities and Ex­ should be briefly identified and the per­ 14. Prior activities. Describe in tabular change Commission, Washington, D.C, centages of revenues to be payable, re­ form the results of programs during at 20549, on or before September 26, 1969, spectively, to investors and other j>arties least the past 10 years of the registrant so that the Division may have the benefit who shall be briefly identified; and (4) or its associates, indicating in appro­ of the views of those interested before Application of Proceeds should indicate priate detail for each of the programs ( 1 ) the minimum dollar amount of net pro­ the drilling results thereof, and (2) for, ceeds (excluding additional assessments) respectively, (a) the public investors and 1 At the end of the release there is a sched­ that will be available to finance the pro­ (b) others, the total investment in each ule of oil and gas drilling programs filed dur­ gram and the proposed estimated per­ of such programs and the recovery on in­ ing the calendar years 1964 through 1968 and centages thereof to be used for financing the first 6 months of 1969. Of the 70 filings vestment to date and for the last 3 in 1969, 29 had certain redemption features the principal activities of the program, months of the period covered, together included in the offering, representing a sub­ such as acreage acquisition, drilling of with any other information as may be stantial increase over prior years. The sched­ exploratory wells, drilling of develop- . appropriate. ule of oil and gas program filings is filed as ment wells, and purchase of producing 15. Tax aspects. Discuss the tax con­ Part of the original document. properties. sequences of oil and gas exploration,

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 No. 171------2 14126 RULES AND REGULATIONS drilling and production, as well as Fed­ 0.2 part per million in or on rice and PART 253— PAYMENTS UNDER THE eral tax legislation which has been pro­ rice straw. ACT OF CONGRESS APPROVED AU­ posed. This may include, in tabular form, * ♦ * * * GUST 30, 1962, ON UNPAID BAL­ only historical information relating to Any person who will be adversely af­ past programs of the registrant or its ANCES OF AWARDS OF PHILIPPINE fected by the foregoing order may at any WAR DAMAGE COMMISSION associates, showing expenses deductible time within 30 days from the date of its and income taxable. publication in the F ederal R egister file 2. “50 U.S.C. 1751-1785 note” is cor­ 16. Other captions should then followwith the Hearing Clerk, Department of rected to read “50 U.S.C. App. 1751-1806 such as Competition, Summary of limited Health, Education, and Welfare, Room note” in the citation of authority for partnership agreement, Summary of Part 253. agent agreement, Summary of explora­ 5440, 330 Independence Avenue SW., Washington, D.C. 20201, written objec­ tion agreement, and Summary of oper­ tions thereto, preferably in quintuplicate. ating agreement in addition to other PART 254— PAYMENTS ON ACCOUNT captions under which other required in­ Objections shall show wherein the person filing will be adversely affected by the OF AWARDS AND APPRAISALS IN formation should be fully set forth. order and specify with particularily the FAVOR OF NATIONALS OF THE [ seal] Orval L. DuB ois, provisions of the order deemed objec­ UNITED STATES ON CLAIMS Secretary. tionable and the grounds for the objec­ AGAINST THE GOVERNMENT OF August 27,1969. tions. If a hearing is requested, the MEXICO [FJEL Doc. 69-10649; Filed, Sept. 5, 1969; objections must state the issues for the 8:45 a m .] hearing. A hearing will be granted if the 3. “22 U.S.C. 688” is corrected to read objections are supported by grounds “22 U.S.C. 661-672 note” in the citation legally sufficient to justify the relief of authority for Part 254. sought. Objections may be accompanied Title 21— FOOD AND DR06S by a memorandum or brief in support thereof. PART 256— PAYMENTS UNDER JUDG­ Chapter I— Food and Drug Adminis­ MENTS AND PRIVATE RELIEF ACTS tration, Department of Health, Edu­ Effective date. This order shall become cation, and Welfare effective on the date of its publication 4. Further, since Part 256 now includes in the F ederal R egister. no blanket citation of authority, the De­ SUBCHAPTER B— FOOD AND FOOD PRODUCTS (Sec. 408(d )(2), 68 Stat. 512; 21 U.S.C. partment has also found it necessary to PART 120— TOLERANCES AND EX­ 346a(d)(2)) add immediately following the table of EMPTIONS FROM TOLERANCES FOR Dated: August 29, 1969. sections a citation of authority to read: PESTICIDE CHEMICALS IN OR ON J . K . K i r k , Au t h o r it y : The provisions o f this Part 256 RAW AGRICULTURAL COMMODI­ Associate Commissioner issued under 5 U.S.C. 301,552. TIES for Compliance. Carbofuran (F.R. Doc. 69-10644; Filed, Sept. 5, 1969; PART 290— LOANS TO PUBLIC OR A petition (PP 9F0822) was filed with 8:45 a.m.] PRIVATE AGENCIES UNDER REFU­ the Food and Drug Administration by GEE ACT OF 1953 the FMC Corp., Niagara Chemical Divi­ 5. “50 U.S.C. App. 1971n” is corrected sion, Middleport, N.Y. 14105, proposing to read “50 U.S.C. App. 1971-1971q note” the establishment of tolerances for resi­ Title 31— MONEY AND in the citation of authority for Part 290. dues of the insecticide carbofuran (2,3- dihydro-2,2-dimethyl-7-benzofuranyl N- FINANCE: TREASURY Effective date. These corrections are methylcarbamate) and its metabolite Chapter II— Fiscal Service, Depart­ effective upon publication in the F ederal 2,3 - dihydro - 2,2 - dimethyl-3-hydroxy- ment of the Treasury R egister. 7-benzofuranyl N-methylcarbamate in Dated: September 2, 1969. or on the raw agricultural commodities SUBCHAPTER A— BUREAU OF ACCOUNTS rice and rice straw at 0.2 part per million. [ seal] H. A. R abon, The Secretary of Agriculture has cer­ MISCELLANEOUS AMENDMENTS TO Deputy Fiscal Assistant Secretary. tified that this pesticide chemical is use­ CHAPTER 1F.R. Doc. 69-10667; Filed, Sept., 5, 1969; ful for the purpose for which the toler­ In accord with recommendations ap­ 8:47 a.m.] ances are being established. proved at the Second Plenary Session Based on consideration given data sub­ mitted in the petition, and other rele­ of the Administrative Conference of the vant material, the Commissioner of United States that each agency review Title 32— NATIONAL DEFENSE Food and Drugs concludes that: its rules in the Code of Federal Regula-, Chapter V— Department of the Army 1. Since there is no reasonable expec­ tions to determine if the cited rulemak­ SUBCHAPTER A— AID OF CIVIL AUTHORITIES tation for residues of the subject chemi­ ing authorities are complete, accurate cals to occur in eggs, meat, milk, or AND PUBLIC RELATIONS poultry from the proposed or established and current, the Department of the PART 501— EMPLOYMENT OF Treasury has ,found that corrections are uses, tolerances regarding these items are TROOPS IN AID OF CIVIL AU­ necessary of the citations of authority for unnecessary. The usage is classified in THORITIES the category specified in § 120.6(a) (3). various' parts in Subchapter A, Chapter 2. The tolerances established by this II of Title 31. Accordingly: Part 501 is revised to read as follows: order will protect the public health. PART 251— PAYMENT OFv UN­ Sec. Therefore, pursuant to the provisions 501.1 Basic policies. CLAIMED INTEREST ON CERTAIN 501.2 Emergency. of the Federal Food, Drug, and Cosmetic AWARDS OF THE MIXED CLAIMS 501.3 Command authority. Act (sec. 408(d)(2), 68 Stat. 512; 21 501.4 Martial law. U.S.C. 346a(d) (2) ) and under authority CO M M ISSIO N , UNITED STATES 501.5 Protection of Federal property. delegated to the Commissioner (21 CFR AND GERMANY 501.6 End of commitment. , . 2.120), § 120.254 is amended by inserting 501.7 Loan of military resources to civilian a new paragraph after the paragraph 1. The citation of authority for Part authorities. “0.5 part per million * * *,” as follows: 251 is revised to read: Au th o rity: The provisions of this Part 501 Au th o rity: The provisions of this Part issued under secs. 331, 332, 333, and 301 , § 120.254 Carbofuran; tolerances for 70A Stat. 15, 157; 10 U.S.C. 331, 332, 333, 301^. residues. 251 issued under sec. 2(d), 45 Stat. 254, as * • * * # amended. S ource: AR 500-50, June 11, 1969.

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 RULES AND REGULATIONS 14127

§ 5 0 1 .1 Basic policies. consent, may be ordered to active duty will necessitate the declaration of mar­ (a) The protection of life and prop­ for civil disturbance operations under tial law. When Federal Armed Forces are erty and the maintenance of law and the provisions of 10 U.S.C. 672. committed in the event of civil disturb­ order within the territorial jurisdiction § 501.2 Emergency. ances, their proper role is to support, not supplant, civil authority. Martial law de­ of any State are the primary responsi­ (a) In cases of sudden and unexpected bility of State and local civil authorities. pends for its justification upon public invasion or civil disturbance, including necessity. Necessity gives rise to its crea­ Generally, Federal Armed Forces are civil disturbances incident to earthquake, committed after State and local civil au­ tion; necessity justifies its exercise; and fire, flood, or other public calamity en­ necessity limits its duration. The extent thorities have utilized all of their own dangering life or Federal property or dis­ of the military force used and the actual forces and are unable to control the situ­ rupting Federal functions or the normal measures taken, consequently, will de­ ation, or when the situation is beyond processes of Government, or other equiv­ pend upon the actual threat to order and the capabilities of State or local civil alent emergency so imminent as to make public safety which exists at the time. In authorities, or when State and local civil it dangerous to await instructions from most instances the decision to impose authorities will not take appropriate the Department of the Arrhy requested martial law is made by the President, action. Commitment of Federal Armed through the speediest means of commu­ who normally announces his decision by Forces will take place only— nications available, an officer of the Ac­ a proclamation, which usually contains (1) Under the provisions of this part, tive Army in command of troops may take his instructions concerning its exercise and such action, before the receipt of instruc­ and any limitations thereon. However, (2) When the Secretary of the Army, tions, as the circumstances of the case the decision to impose martial law may pursuant to the orders and policies of reasonably justify. However, in view of be made by the local commander on the the Secretary of Defense and the Presi­ the availability of rapid communications spot, if the circumstances demand im­ dent, has generally or specifically so or­ capabilities, it is unlikely that action un­ mediate action, and time and available dered, except in cases of emergency der this authority would be justified communications facilities do not permit (§ 501.2). without prior Department of the Army obtaining prior approval from higher (b) The Secretary of the Army has approval while communications facilities authority (§501.2). Whether or not a been designated as the Executive Agent are operating. Such action, without prior proclamation exists, it is incumbent upon for the Department of Defense in all authorization, of necessity may be commanders concerned to weigh every matters pertaining to the planning for, prompt and vigorous, but should be de­ proposed action against the threat to and deployment and employment of mil­ signed for the preservation of law and public order and safety it is designed itary resources in the event of civil dis­ order and the protection of life and to meet, in order that the necessity there­ turbances. The Department of the Army property until such time as instructions for may be ascertained. When Federal is responsible for coordinating the func­ from higher authority have been re­ Armed Forces have been committed in tions of all the Military Services in this ceived, rather than as an assumption of an objective area in a martial law situa­ activity for the Executve Agent. The functions normally performed by the tion, the population of the affected area Secretaries of the other Military Services civil authorities. will be informed of the rules of conduct are responsible for providing such assist­ (b) Emergency firefighting assistance and other restrictive measures the mili­ ance as may be requested by the Execu­ may be provided pursuant to agreements tary is authorized to enforce. These will tive Agent. with local authorities; emergency explo­ normally be announced by proclamation sive ordnance disposal service may be or order and will be given the widest (c) Persons not normally subject to provided in accordance with paragraph possible publicity by all available media. military law taken into custody by the 18, AR 75-15. Federal Armed Forces ordinarily will ex­ military forces incident to the use of § 501.3 Command authority. ercise police powers previously inopera­ Armed Forces, as contemplated by this tive in the affected area, restore and part, will be turned over, as soon as pos­ (a) In the enforcement of the laws, maintain order, insure the essential me­ sible, to the civil authorities. The Army Federal Armed Forces are employed as chanics of distribution, transportation, will not operate temporary confinement/ a part of the military power of the Unit­ and communication, and initiate neces­ detention facilities unless local facilities ed States and act under the orders of the sary relief measures. under the control of city, county, and President as Commander in Chief. When State governments and the U.S. Depart­ commitment of Federal Armed Forces § 5Q1.5 Protection of Federal property. ment of Justice cannot accommodate has taken place, the duly designated The right of the United States to pro­ the number of persons apprehended or military commander at the objective tect Federal property or functions by in­ detained. Further, this authority may area will act to the extent necessary to tervention with Federal Armed Forces be exercised only in the event Federal accomplish his mission. In the accom­ is an accepted principle of our Govern­ Armed Forces have been committed un­ plishment of his mission, reasonable ne­ ment. This form of intervention is war­ der the provisions of this part and only cessity is the measure of his authority, ranted only where the need for protection with the prior approval of the Depart­ subject of course, to instructions he may exists and the local civil authorities can­ ment of the Army. When the require­ receive from his superiors. not or will not give adequate protection. ment exists for the Army to operate such (b) Federal Armed Forces committed This right is exercisfed by executive au­ facilities, the provisions of Army con­ in aid of the civil authorities will be thority and extends to all Federal prop­ finement regulations will apply to the under the command of, and directly re­ erty and functions. maximum extent feasible under the sponsible to, their military and civilian § 501.6 End of commitment. circumstances. superiors through the Department of the (d) Whenever military aid is requested Army chain of command. They will not The use of Federal Armed Forces for by civil authorities in the event of civil be placed under the command of an offi­ civil disturbance operations should end disturbances within the States of Alaska, cer of the State Defense Forces or of the as soon as the necessity therefor ceases or Hawaii, the Commonwealth of Puerto National Guard not in the Federal serv­ and the normal civil processes can be Rico, or U.S. possessions and territories, ice, or of any local or State civil official; restored. Determination of the end of the commander of the unified command any unlawful or unauthorized act on the the necessity will be made by the De­ concerned coordinates the provision of part of such troops would not be excus­ partment of the Army. such aid. able on the ground that it was the result § 501.7 Loan of military resources to (e) Units and members of the Army of an order received from any such offi­ civil authorities. Resepe on active duty may be employed cer or official. As directed by the Army in civil disturbance operations in the Chief of Staff, military commanders will (a) The Department of the Army in same manner as active forces. Units and be responsive to authorized Federal civil certain limited situations can lend mili­ officials. tary equipment to civil law enforcement members of the Army Reserve may be authorities in the event of civil disturb­ ordered to active duty for this purpose § 501.4 Martial law. ances. Such loans of equipment are lim­ by the President as provided by law. It is unlikely that situations requiring ited to those necessary to meet an urgent Members of the Army Reserve, with their the commitment of Federal Armed Forces need during an actual civil disturbance

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 14128 RULES AND REGULATIONS

(except as provided in paragraph (b) of 15 days; however, should the civil dis­ of the loaned equipment, as a condition this section) and the loans are consid­ turbance exceed 15 days the approving to making the loan; waiver of the re­ ered to be a temporary emergency action. authority may extend the agreement for quirement to post bond will be approved Civil law enforcement authorities are another 15-day period. It is recognized only by the Department of the Army. to be encouraged to procure their own that there is often a substantial leadtime With the prior concurrence of the De­ equipment for police use since, even before equipment procured by civil law partment of the Army, the bond will be though requests are handled expeditious­ enforcement authorities will be delivered forfeited in the event the equipment is ly, normally some time will elapse before to them. Por this reason loans of equip­ not returned at the time specified. How­ the military equipment can be in the ment beyond the 15-day limit are author­ ever, the forfeiture of the bond will not hands of the civil law enforcement au­ ized when a request is made in anticipa­ constitute a sale of the equipment, and thorities. Law enforcement authorities tion of imminent threatened civil dis­ the borrower will not be relieved of his are to be cautioned not to rely on the turbance and the civil authority request­ obligation to return the loaned equip­ loan of military equipment in the event ing the loan has initiated procurement ment. Loan agreements will clearly state of a civil disturbance in their locality action for equipment substantially simi­ the expenses and obligations assumed by because the availability of military equip­ lar to the military property requested. the civil authority. ment for civilian use is contingent Loans may be approved for terms of up upon military requirements for the De­ to 90 days pending delivery to the civil For the Adjutant General. partment of the Army resources. authority of its own equipment and re­ Harold S haron, (b) A loan agreement will be executednewed by the approving authority for Chief, Legislative and Precedent with the civil authority in each case. another 90-day period if necessary. Branch, Management Divi­ The agreement will indicate that the (c) Each loan agreement will contain sion, TAGO. property may be retained by the civil au­ [FJt. Doc. 69-10641; Filed, Sept. 5, 1969; thorities only for the duration of the provisions for a cash bond, performance civil disturbance, but for not more than bond, or the equivalent equal to the value 8:45 am .]

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 14129 Proposed Rule Making

small label space, an exemption has been § 906.340 Container, pack, and con­ DEPARTMENT OF HEALTH, EDU­ granted under section 3(c) of the act and tainer marking regulations. § 191.63. (a) Order. Except as otherwise pro­ CATION, AND WELFARE ♦ * * * * vided herein or by, or pursuant to, the Food and Drug Administration Any interested person may, within 30 provisions of Marketing Agreement No. days from the date of publication of this 141, as amended, and this part, regulat­ [ 21 CFR Part 191 1 notice in the F ederal R egister, file with ing the handling of oranges and grape­ the Hearing Clerk, Department of fruit grown in the Lower Rio Grande HAZARDOUS SUBSTANCES Health, Education, and Welfare, Room Valley in Texas, no handler shall, on and Labeling Requirements 5440, 330 Independence Avenue SW., after September 15, 1969, handle any Washington, D.C. 20201, written com­ fruit unless such fruit is in one or more The Commissioner of Food and Drugs ments (preferably in quintupUcate) re­ of the following containers, and the pack concludes that changes in current haz­ garding this proposal. Comments may be of such fruit and the markings on the ardous substances regulations are neces­ accompanied by a memorandum or brief containers conform to all applicable sary to provide for adequate labeling of in support thereof. requirements of this section: certain products because the degree of ***** hazard for articles requiring the signal Dated: August 29,1969. (3) Container grade markings. Any word “Danger” or “Poison” is such that J . K . K irk , if all cautionary information is not on Associate Commissioner container of U.S. No. 2 grade fruit, other the main panel of the label, the state­ for Compliance. than bags having a capacity of 5 or 8 ment “R ead ______panel for pre­ pounds, shall be marked with such grade [F it. Doc. 69-10646; Filed, Sept. 6, 1969; the letters thereof being not less than cautions and emergency instructions,” 8:45 a.m.] the blank being filled with the indentifi- three-quarter inch in height. cation of the specific label panel which ***** bears the precautions and emergency in­ Dated: Septembers, 1969. structions, should appear on the main panel in addition to the signal word and DEPARTMENT OF AGRICULTURE P aul A. Nicholson, statement of principal hazard or hazards. Consumer and Marketing Service Deputy Director, Fruit and Therefore, pursuant to the provisions Vegetable Division, Consumer of the Federal Hazardous Substances Act [ 7 CFR Part 906 1 and Marketing Service. (sec. 10(a), 74 Stat. 378; 15 U.S.C. 1269) ORANGES AND GRAPEFRUIT GROWN [F.R. Doc. 69-10679; Hied, Sept. 6, 1969; and under authority delegated to the IN LOWER RIO GRANDE VALLEY 8:48 a.m.] Commissioner, it is proposed that § 191.- 101(d) be revised to read as follows: IN TEXAS § 191.101 Placement, conspicuousness, Container and Pack Regulation DEPARTMENT OF contrast. Consideration is being given to the fol­ • * * * * lowing proposal, as hereinafter set forth, (d) All the items of label informationof container and pack regulations (Sub­ TRANSPORTATION required by section 2(p)(l) of the act part—Container and Pack Require­ Federal Aviation Administration (or by regulations prescribing additional ments) , which were recommended by the information under section 3(b )) may ap­ Texas Valley Citrus Committee, estab­ [ 14 CFR Part 167 1 pear on the main panel; but if they do lished pursuant to the marketing agree­ [Docket No. 9818; Notice 69-39] not, all such items not required by para­ ment, as amended, and Order No. 906, graph (a) of this section to appear on as amended (7 CFR Part 906), regulat­ ANNETTE ISLAND, ALASKA, AIRPORT the main panel shall be placed together ing the handling or oranges and grape­ Proposed Landing and Parking in a distinctive place elsewhere on the fruit grown in the Lower Rio Grande Charges, and Additional Rules label with adequate contrast, achieved Valley in Texas. This program is effective ¡ J typography, color, or layout except under the Agricultural Marketing Agree­ The Federal Aviation Administration tnat the name and place of business of ment Act of 1937, as amended (7 U.S.C. is considering amending Part 167 of the the manufacturer, packer, distributor, or 601-674). Federal Aviation Regulations to (1) re­ sdler may appear separately on the same All persons who desire to submit writ­ vise the landing and parking charges at ®£ona different panel. If the signal word ten data, views, or arguments in connec­ Annette Island, Alaska, Airport; and (2) Danger” or “Poison” is required,-the tion with the proposal should file the adopt rules governing motor vehicles, statement “R ead ______panel for same with the Hearing Clerk, Room 112A, aircraft, conduct, fire hazards and fuel­ precautions and emergency instruc- U.S. Department of Agriculture, Wash­ ing operations, obligations of tenants at tions,” the blank being filled with the ington, D.C. 20250, not later than the that Airport, and the enforcement identification of the specific label panel 5th day after the publication of this no­ thereof. which bears the precautions and emer­ tice in the F ederal R egister. All written Interested persons are invited to par­ gency instructions, shall appear on the submissions made pursuant to this notice ticipate in the making of the proposed aiain panel in addition to the signal word will be made available for public inspec­ rule by submitting such written data, j*nd statement of principal hazard or tion at the office of the Hearing Clerk views, or arguments as they may desire. hazards. The type size used shall bear a during regular business hours (7 CFR easonable relationship to the printing Communications should Identify the on the panel involved and shall be no 1.27(b)). regulatory docket or notice number and ahi i uthan 10 P°int unless the avail- The proposal would amend the section be submitted in duplicate to: Federal Jh -i;abel space requires reductions, in title and the introductory language of Aviation Administration, Office of the nich event it shall be reduced no smaller paragraph (a) of § 906.340, and add a General Counsel, Attention: Rules nan 6-point type unless, because of new paragraph (a) (3) thereto to read as Docket GC-24, 800 Independence Avenue follows:

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 14130 PROPOSED RULE MAKING

SW., Washington, D.C. 20590. Ail com­ Under the proposed amendments, a Sec. Subpart B would govern the operations 167.17 Speed. munications received on or before No­ 167.19 Passenger’s occupancy. vember 5,1969, will be considered by the of motor vehicles at the Airport. These 167.21 Emergency vehicles; right-of-way. Administrator before taking action on rules, in part, would provide for such 167.23 Parking. the proposed rule. The proposal con­ items as operator’s licenses, vehicular 167.25 Accident reports. tained in this notice may be changed in speed, accident reports, and license tags. 167.27 Repair of motor vehicles. the light of comments received. All com­ Rules would also be adopted, in a Sub­ 167.29 License tags. ments submitted will be available, both part C, to govern the operations of air­ 167.31 Moving of motor vehicles. before and after the closing date for craft at the Airport. They would provide Sufapart C— Aircraft Rules comments, in the Rules'Docket for exam­ for such items as aircraft parking, mal­ 167.41 Confinement of aircraft operations. ination by interested persons. functioning aircraft, accident reports, 167.43 Parking of aircraft. When Part 167 was adopted on July 14, registration of aircraft, and aircraft 167.45 Disabled aircraft. 1966, it contained only provisions estab­ equipment and operation rules. 167.47 Malfunctioning aircraft. lishing aircraft landing and parking 167.49 Accident reports. The proposed amendments also would 167.51 Refusal of clearance. charges, and the preamble stated that provide rules of conduct in a Subpart D, other pertinent provisions would be 167.53 Minimum pilot license require­ covering such items as sanitation, pres­ ments. added later. It is now proposed to add ervation of property, soliciting and can­ 167.55 Registration of aircraft. those other provisions, in addition to re­ vassing, animals, and loitering. 167.57 Demonstrations. vising the landing and parking charges. 167.59 Aircraft equipment and operation These provisions consist, for the most Rules concerning fire hazards and rules. part, of rules in force at other airports fueling operations would also be provided 167.61 Taxiing rules. operated by the Federal Aviation Admin­ in a Subpart E. These rules would con­ 167.63 Use of gate positions. cern such items as cleaning fluids, open- istration (Part 159—National Capital Subpart D— Rules of Conduct Airports, and Part 165—Wake Island flame operations, smoking, storage, dop­ ing, and fueling operations. Also, the 167.71 Applicable laws. Code, of the Federal Aviation Regula­ obligations of tenants would be provided 167.73 Sanitation. tions) that are considered pertinent at in a Subpart F, concerning the use of 167.75 Preservation of property. Annette Island, Alaska, Airport. 167.77 Airport and equipment. premises, trash containers, bulletin 167.79 Dangerous objects. Under the proposed amendments, the boards, storage of equipment, fire appa­ landing charge would be 40 cents per 167.81 Coin-operated machines. ratus, and discrimination or segregation. 167.83 False report. 1.000 pounds regardless of the number Finally, penalties would be provided for 167.85 Interfering or tampering with air­ of landings. Under Part 167 presently an violations of the rules. craft. amount varying from 10 cents to 25 cents 167.87 Repairing of aircraft. per 1,000 pounds is charged depending The proposed amendments would not 167.89 Restricted areas. on the number of landings each calendar vary the provisions of any legislation or 167.91 Soliciting and canvassing. month. The charge for parking an air­ contractual arrangement that deter­ 167.93 Commercial photography. mines the terms of tenure of the Depart­ craft of 6,000 pounds or less weight would 167.95 Use of roads and walks. ment of Transportation, Federal Avia­ 167.97 Animals. be increased from $6 to $10 per month. tion Administration, at Annette Island, 167.99 Loitering. The charge for parking an aircraft of Alaska, Airport. 167.101 Use of Airport and airspace. more than 6,000 pounds weight would be increased from 10 cents to 20 cents per These amendments are proposed under Subpart E— Fire Hazards and Fueling 1.000 pounds for each day,- or fraction the authority of section 10 of the Inter­ Operations national Aviation Facilities Act (49 thereof, and the minimum charge in­ 167.111 Cleaning fluids. creased from $1 to $1.50; from 50 cents U.S.C. 1159); sections 303(d), 307(b), 167.113 Open-flame operations. 313(a), and 1107(a) of the Federal Avia­ 167.115 Smoking. to 75 cents per 1,000 pounds for each tion Act of 1958 (49 U.S.C. 1344(d), 1348 week; and from $1.50 to $2.50 per 1,000 167.117 Storage. Ob), 1354(a), 1507(a)); Budget Bureau 167.119 Apron surface areas and floor sur­ pounds for each month. Since the issu­ Circular A-25 of September 23, 1959; face. ance of Part 167, operation and mainte­ section 6(c) of the Department of Trans­ 167.121 Doping. nance costs for the Airport have risen portation Act (49 U.S.C. 1655(c)); and 167.123 Fueling operations. significantly. In addition, changing traf­ 167.125 Radio operation. § 1.4(b) (2) of the Regulations of the 167.127 Operating motor vehicles in hangar. fic schedules have resulted in a loss of Office of the Secretary of Transportation. revenue and as a result, the costs of oper­ 167.129 Grounding of aircraft in hangars. In consideration of the foregoing, it is 167.131 Runway foaming services. ating the Airport are not being met. proposed to amend Part 167 of the Fed­ While the traffic at Annette Island, eral Aviation Regulations as hereinafter Subpart F— Obligations of Tenants Alaska, Airport is relatively light, it is set forth. 167.141 Use of premises considered essential because of the isola­ 167.143 Trash containers. tion of the area. Transportation facili­ Issued at Anchorage, Alaska, on Au­ 167.145 Bulletin boards. ties between Annette Island and Ketchi­ gust 21, 1969. 167.147 Storage of equipment. W i l l i a m P. C o m s t o c k , 167.149 Fire apparatus. kan, the nearest principal city on the 167.151 Discrimination or segregation. mainland, are provided by infrequent, Brigadier G eneral, U.S. Air nonscheduled small boat service and air Force, for Director, Alaskan Subpart G— Charges taxi service. However, there have been Region. 167.161 Landing charges. changes recently in the traffic schedules PART 167— ANNETTE ISLAND, 167.163 Parking charges. in this area. Air carrier service by one 167.165 Computation of weight for payment airline was suspended by the Civil Aero­ ALASKA, AIRPORT of charges. 167.167 Charges for aircraft based at the nautics Board in 1965, and another re­ Subpart A— General Airport. duced its shuttle service between Annette Sec. 167.169 Payment of charges. and Ketchikan. As a result, there has 167.1 Applicability. been a decrease in revenue. In fact, under 167.3 Motor vehicles carrying passengers Subpart H— Enforcement present traffic conditions, the current for hire. 167.181 Penalties. charges for landing and parking provide 167.5 Lost articles. Subpart A— General less than one-half the revenue necessary 167.7 Publication of rates and charges for supplies and services fixed by the § 167.1 Applicability. to meet operating costs. The new charges Regional Director. would be consistent with Bureau of the (a) This part prescribes the rules gov­ Budget Circular A-25 concerning user Subpart B— Motor Vehicle Rules erning the use of the Annette Island, charges for Government service and 167.11 Applicability of Alaska laws. Alaska, Airport (in this part referred to property' and would enable the Airport 167.13 Special operating rules. as “the Airport”) operated by the Fed­ to meet costs. • 167.15 Operator’s license. eral Aviation Administration, described

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 PROPOSED RULE MAKING 14131 in a lease entered into on December 13, (d) Each person who requests a per­ concourse in the terminal building; 1948, by and between the United States mit to operate, on the Airport, a vehicle unless— of America and the Council of the An­ used for the purpose of carrying passen­ (1) The vehicle has been inspected and nette Island Reserve, identified as Con­ gers for hire must apply in writing to approved by the Airport Manager or his tract No. C5ca-284-A (formerly C8car- the Airport Manager. The application agent; and 3095), originally covering 4,880 acres of must contain— (2) That person holds a current opera­ land, more or less, including buildings (1) The applicant’s name and ad­ tor’s permit issued by the Airport Man­ and facilities, located on Annette Island, dress; ager or is properly escorted by an airport Alaska, that portion of which is cov­ (2) The make, model, and license vehicle. ered by these rules and is more particu­ number of the vehicle to be used; (b) The Airport Manager may issue a larly described as follows: (3) A description, and the serial or motor vehicle operator permit to any Commencing at U.S.C. & G.S. Triangula­ other- identifying number, of each per­ competent operator that he considers tion Station “Yellow*', latitude N. 55*06'- mit or license that the applicant has for necessary for the safe and efficient op­ 09.129", longitude W. 131*34'25.982", pro­ operating that vehicle; and eration of the Airport. The Airport Man­ ceed south 7*31' west 13,189.30 feet to the (4) A list, and the serial or other iden­ ager may, in his discretion, revoke such true point of beginning; thence east 3,000 tifying number of each public liability a permit at any time. feet; thence south 1,000 feet; thence east insurance policy carried by the appli­ (c) No person may operate a two- 1,695.41 feet; to a point on the mean high tide line, thence along the meander of the cant, the names of the insurance com­ wheeled motor vehicle on the landing mean high tide line a distance of approxi­ panies that issued them, and their expi­ area, or ramp on the Airport. mately 12,000 feet; thence south 42° 19' west ration dates. § 167.15 Operator’s license. 7,864.11 feet; thence south 28*41' east 4,395 (e) Upon receiving an application un­ feet to a point on the mean high tide line, der paragraph (d) of this section, the (a) No person may operate any motor thence along the meander of the mean high Airport Manager may issue a permit, au­ vehicle on an airport road unless he holds tide line a distance of approximately 8,000 thorizing the holder to operate, on the a current operator’s license issued by a feet; thence north'28°41* west 4,000 feet;1 political jurisdiction or Government thence south 44°56' west 1,610 feet; thence Airport, a vehicle used for the purpose north 43° 57' west 1,750 feet; thence north. of carrying passengers for hire. The agency in the United States or a foreign 44e56' east 1,570 feet; thence north 28*41' Manager may, in his discretion, revoke country. west 8,602.70 feet; thence north 33*55' east such a permit at any time. (b) No person may operate any U.S. 3,235 feet; thence north 55*28' east 2,047.80 Government motor vehicle on the Airport feet to the true point of beginning of this § 167.5 Lost articles. unless he holds a current UjS. Govern­ description, containing 2,955 acres, more or Each person who finds a lost article ment Motor Vehicle Operator’s Identifi­ less. on the Airport shall deposit it at the cation Card. (b) The Regional Director for the office of the Airport Manager. If the ar­ § 167.17 Speed. Alaskan Region (in this part referred ticle is not claimed by its owner within to as the “Regional Director”) and the 90 days after it is deposited, it may be (a) Unless otherwise authorized by Manager of the Airport (in this part re­ returned to the finder. the Airport Manager, no person may operate a motor vehicle at a speed— ferred to as the “Airport Manager”) § 167.7 Publication of rates and charges may issue such orders and instructions (1) Of more than 6 miles an hour in for supplies and services fixed by the the baggage concourse in the terminal as are necessary for administering this Regional Director. part. ■ building; (c) The Airport Manager may post Whenever this part provides that the (2) Of more than 15 miles an hour on signs that state or apply the rules or pro­ Regional Director fixes charges for sup­ any apron or ramp; visions of this part. Bach person on the plies or services, the orders prescribing (3) Of more than 25 miles an hour on Airport shall comply with these signs. these charges are on file, and may be in­ any taxiway, runway, restricted service (d) The rules in this part do not vary spected at the FAA Regional Office, 632 road, or other aircraft movement area the provisions of any legislation or con­ Sixth Avenue, Anchorage, Alaska. Copies other than the apron or ramp; or tractual arrangement that determine the of the orders are on file, and may be in­ (4 ) , Higher than the speed limit posted terms of tenure of the Department of spected at the office of the Area Manager by the Airport Manager on any area of Transportation, Federal Aviation Ad­ at Juneau, Alaska. lists of all charges the Airport not covered by subparagraphs ministration, at the Airport. in effect are posted at the office of that (1) through (3) of this paragraph. Area Manager and at the Airport. (b) No person may operate a motor §167.3 Motor vehicles carrying passen­ Subpart B— Motor Vehicle Rules vehicle on the Airport in a careless or gers for hire. reckless manner. (a) Except as otherwise specifically § 167.11 Applicability of Alaska laws. (c) Each person operating a motor ve­ authorized by the Administrator, no per- (a) Section 13 of title 18 of the United hicle on the Airport shall operate it so son may operate a vehicle that is carry­ States Code makes applicable on the Air­ as to have it under safe control at all ing passengers for hire from the Airport port the laws of the State of Alaska gov­ times, weather and traffic conditions unless he has a permit from the Air­ erning operation of motor vehicles on considered. port Manager. public highways, to the extent that those § 167«19 Passenger’s occupancy. (b) Except for discharging passenge] laws are not inconsistent with this part. and as otherwise directed by the Airpo: (b) The rules of conduct and prohibi­ Except in a vehicle designed to carry Manager, no person may park, on tl: tions of Chapter 35 of Title 28, Motor Ve­ passengers in such a manner, no person Airport, a vehicle used for the purpoi hicles of the Alaska Statutes, 1962, as may, while on the Airport, ride on the of carrying passengers for hire unle; amended, that carry penalties greater running board of a moving motor vehicle, he has a permit from the Airpoi stand up in the body of a moving motor Manager. than a fine of not more than $500 or im­ prisonment for not more than 6 months, vehicle, ride on the outside of the body *o) Except with the specific approval or both, apply on the Airport, to the ex­ of a moving motor vehicle, or ride on of the Airport Manager under conditions tent that they apply by their terms to such a vehicle with his arms or legs Prescribed by him, no person may, on the the circumstances at the Airport and are protruding from the body of the vehicle. ^port, solicit or invite any person to not inconsistent with specific provisions § 167.21 Emergency vehicles; right-of- rule in a vehicle used for the purpose of of this part. The penalties provided by way. carrying passengers for hire, either by Alaska law for violations of these rules Upon the approach of a police, ambu­ curving slowly past a loading entrance and prohibitions do not apply. co an Airport building or by any other lance, fire department, or other emergen­ int 0r sPeaking of words that are § 1 6 7 .1 3 Special operating rules. cy vehicle giving an audible or visual ntended to induce that person to engage (a) No person may operate a motor ve­signal that it is on an emergency call, the vehicle. hicle on the land area, ramp, or trucking each person operating another vehicle

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 14132 PROPOSED RULE MAKING on any road on the Airport shall immedi­ tool of it, unless he has the permission of on one side in the case of three-engine ately drive his vehicle parallel with, and the owner or presents satisfactory evi­ aircraft means loss of power of the cen­ as near as possible to, the right-hand dence to the Airport Manager of his right ter and one other engine. edge of the road, clear of all intersec­ to do so. § 167.49 Accident reports. tions, and stay there until the emergen­ § 167.29 License tags. cy vehicle has stopped or passed, unless (a) Each operator of ah aircraft that otherwise directed by the Airport Man­ No person may operate, stand, or park is involved in an accident on the Airport ager or his authorized representative. a motor vehicle on any road or parking shall report it fully to the Airport Man­ area on the Airport unless it has current ager within 24 hours after the accident. § 167.23 Parking. license tags issued by an appropriate The report must include the name and (a) No person may park or stand a authority. Any motor vehicle that is address of the person reporting. motor vehicle on the Airport except in found standing or parked on the Airport (b) In a case where a written report an area specifically designated for park­ in violation of this section may be im­ of the accident is otherwise required, a ing or standing. pounded by the Airport Manager or his copy of that report may be given to the (b) No person may park a motor ve­ authorized representative and removed Airport Manager instead of the one re­ hicle in any area on the Airport for a to an area of the Airport designated for quired by paragraph (a) of this section. period longer than is prescribed for that that purpose by the Airport Manager. area by the Airport Manager. § 167.51 Refusal of clearance. (c) No person may park a motor ve­ § 1 6 7 .3 1 Moving of motor vehicles. The Airport Manager may delay or hicle on the Airport, except in an attend­ The Airport Manager or his agent may restrict any flight or other aircraft op­ ed parking area, for a period longer than tow away or otherwise move any motor eration at the Airport for any reason 72 hours, without the specific approval vehicle on the Airport that is packed in that he considers justifiable. violation of the regulations of the Air­ of the Airport Manager. § 167.53 Minimum pilot license require­ (d) No person may park a motor ve­ port, if the Airport Manager or his agent ments. hicle in a restricted or reserved area on determines that it is a nuisance or haz­ the Airport unless he displays, in the ard. The Airport Manager may charge a To be eligible to operate aircraft on manner prescribed by the Airport Man­ reasonable amount for the moving serv­ the Airport, a person must have in his ager, a parking permit issued by the Air­ ice and for the storage of the vehicle, if personal possession a current pilot cer­ port Manager for that area. any. The vehicle is subject to a lien for tificate issued to him under Part 61 of (e) No person may double park a that charge. this chapter or issued to him or validated motor vehicle on any road on the Airport. for him by the country in which the For the purpose of this paragraph, park­ Subpart C— Aircraft Rules aircraft is registered. ing a vehicle at such a distance from the § 167.41 Confinement of aircraft oper­ § 167.55 Registration of aircraft. curb that another vehicle could park be­ ations. The pilot of each aircraft whose owner tween it and the curb, is considered to No person may operate- an aircraft on be double parking. or lessee does not have a contract with the Airport except on a designated run­ the United States for the aircraft to use (f) No person may abandon a motor way, taxiway, ramp or parking area, vehicle on the Airport. the Airport, shall register at the opera­ unless authorized by the air traffic con­ tions office on the Airport immediately (g) No person may park a motor trol tower or the flight service station. No vehicle on the Airport, in a space marked upon landing and shall report to that for the parking of vehicles, in a manner person may use the taxi strip on the Air­ operations office before taking off. port for a takeoff or landing. to occupy a part of another marked § 167.57 Demonstrations. space. § 167.43 Parking of aircraft. (h) No person may leave a motor No person may give a flight or ground No person may park an aircraft in any demonstration on the Airport, and no vehicle standing unattended or parked area on the Airport other than that pre­ on the Airport with a key in the ignition person may bring an aircraft to the Air­ scribed by the Airport Manager or his port for an aerial demonstration within switch, the motor running, a key in^the authorized representative. No employee door lock, or an open door. the Airport control zone without the spe­ of the FAA may make the United States cific approval of the Airport Manager. (i) No person may park or stand a responsible for the care or protection of motor vehicle at any place on the Airport This section does not apply to courtesy any aircraft (other than of the United flights, with new equipment, by air in violation of any sign posted by the States) that is parked on the Airport. Airport Manager. carriers. (j) No person may park or stand a § 167.45 Disabled aircraft. § 167.59 Aircraft equipment and oper­ motor vehicle within 10 feet of a fire The owner of an aircraft or part ation rules. hydrant on the Airport. thereof that is disabled shall have it (a) Except when authorized by the § 167.25 Accident reports. promptly repaired or moved from the Airport Manager, no person may operate Airport unless he is required to delay it Each operator of a motor vehicle in­ a fixed-wing aircraft on the land portion pending investigation of an accident. If of the Airport unless it has wheels and volved in an accident between that ve­ he does not remove it within a reasonable hicle and an aircraft, or in any other wheel brakes. motor vehicle accident, on the Airport, time, the Airport Manager may remove (b) If the pilot of an aircraft that does that results in personal injury or in total it at the owner’s expense and without not have adequate brakes is authorized property damages of more than $50, shall liability for additional damage resulting by the Airport Manager to taxi his air­ report it fully to the Airport Manager from the removal. craft, he may not taxi it near a building as soon as possible after the accident. §167.47 Malfunctioning aircraft. or a parked aircraft unless there is an attendant at the wing of his aircraft to The report must include the name and No person may operate an aircraft on address of the person reporting. help him. the ramp area or at any aircraft gate (c) Notwithstanding paragraphs (a) § 1 6 7 .2 7 Repair of motor vehicles. position on the Airport until the Airport and (b) of this section, an aircraft that (a) Except for persons authorized by Manager or his designee has allowed that has wings and tail higher than 5 feet the Airport Manager and except for operation if— from the ground and does not have ade­ minor repairs necessary to move the ve­ (a) That person has reported, has quate brakes, may not be taxied on the hicle from the Airport, no person may knowledge of, or has been advised of, an Airport under any conditions, and must clean or repair a motor vehicle on a road indication of a fire in the aircraft; be towed if it is necessary to move it. or in a parking area of the Airport. (b) The brakes of the aircraft are in­ (b) No person may, on the Airport, adequate because they are malfunction­ § 167.61 Taxiing rules. move or interfere or tamper with any ing; or (a) No person may move an aircraft motor vehicle, put its motor into motion, (c) The aircraft has completely lost on the Airport in a careless or reckless or take or use any part, instrument, or power on one side. Complete loss of power manner.

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 PROPOSED RULE MAKING 14133

(b) No person may start or run an § 167.73 Sanitation. § 167.85 Interfering or tampering with engine in an aircraft on the Airport un­ (a) No person may release, deposit, aircraft. less there is a competent person in the blow, or spread any bodily discharge on No person may interfere Or tamper aircraft at the engine controls, and un­ the floor, wall, partition, furniture, or with an aircraft on the Airport or put less blocks have been placed in front of any other part of a public comfort sta­ its engine in motion, or use any aircraft, the wheels or the aircraft has adequate tion, terminal building, hangar, or other aircraft parts, instruments, or tools on parking brakes. building on the Airport, other than di­ the Airport, without the permission of (c) No person may run an engine of rectly into a fixture provided for that the owner. an aircraft parked on the Airport in a purpose. § 167.87 Repairing of aircraft. manner that damages any other prop­ (b) No person may place any foreign erty or aircraft, or that blows paper, object in any plumbing fixture of a pub­ No person may repair an aircraft, air­ dirt, or other material across taxiways lic comfort station, terminal building, craft engine, propeller, or apparatus in or runways, so as to endanger the safety hangar, or other building on the Airport. an area of the Airport other than that of operation on the Airport. (c) No person may dispose of sewage, specifically designated for that purpose (d) Each person operating an aircraft garbage, refuse, paper, or other material by the Airport Manager. However, this on a part of the Airport that is not under on the Airport except in a receptacle pro­ does not prevent a minor adjustment be­ the direction of air traffic control shall vided for that purpose. ing made while the aircraft is on a land­ comply with the orders, signals, and di­ ing ramp preparing to takeoff, if the ad­ rections of thè authorized representative § 167.75 Preservation of property. justment is necessary to prevent a de­ of the Airport Manager. No person may, without the specific layed takeoff. (e) No person may start or taxi any permission of the Airport Manager— § 167.89 Restricted areas. aircraft on the Airport in a place where (a) Destroy, injure, deface, or disturb the exhaust blast is likely to cause in­ any building, sign, equipment, marker, (a) Except as otherwise provided in jury to persons or property. If the air­ or other structure, tree, flower, lawn, or this part, no person may, without the craft cannot be taxied without violating other public property on the Airport; written permission of the Airport Man­ this paragraph, the operator must have (b) Walk on a lawn or seeded area of ager, enter any restricted area on the it towed to the desired destination. the Airport; Airport that is posted as closed to the (f) Each person operating a large (c) Alter, add to, or erect any building public. propeller-driven aircraft shall lower its on the Airport; (b) No person may enter the aero­ flaps when taxiing out of an aircraft (d) Make an excavation on the Air­ drome, the control tower, any hangar, gate position. port; or the apron, or any other part of the Air­ (g) No person may move a rotorcraft (e) Willfully abandon any personal port specified by the Airport Manager at a place on the Airport (other than property on the Airport. except— a heliport) while its rotors are turning (1) A person assigned to duty at that unless there is a clear area of at least § 167.77 Airport and equipment. place; 50 feet from the outer tip of each rotor. No person may interfere or tamper (2) An authorized representative of No person may move a rotorcraft at a with, or injure, any part of the Airport or the Administrator, Department of Trans­ heliport while its rotors are turning its equipment. portation, National Transportation Safe­ unless, there is a clear area of at least § 167.79 Dangerous objects. ty Board, or Civil Aeronautics Board; 20 feet from the outer tip of each rotor. (3) A passenger who, under appropri­ (a) No person except a peace officer, ate supervision, is entering the apron to § 167,63 Use of gate positions. an authorized post office, airport, or air embark or debark; or (a) No person may use an aircraftcarrier employee, or a member of an (4) Any other person authorized by gate position on the Airport unless he armed force on official duty, may carry the Airport Manager, or by a tenant for has been authorized to use it. any weapon, explosive, or inflammable an area he occupies. material on or about his person, openly

FEDERAL REGISTER, VOL. 34, NO. 17T— SATURDAY; SEPTEMBER 6, 1969 No. 171------3 14134 PROPOSED RULE MAKING place provided for the kind of travel he in the open air or in a room specifically § 167.123 Fueling operations. is doing. set aside for that purpose. If a room is (a) No person may fuel or defuel an (b) No person may occupy or place an used, it must be fireproofed, be equipped aircraft on the Airport while— object on a road or walk on the Airport with automatic sprinklers, and have ade­ (1) Its engine is running or is being in a manner that hinders or obstructs its quate and readily accessible fire extin­ warmed by applying external heat; proper use.. guishing apparatus. (2) It is in a hangar or enclosed space; (c) No person may walk in a picket § 167.113 Open-flame operations. (3) It is within 50 feet of any hangar line as a picket or take part in a labor No person may conduct an open-flame or other building on the Airport; or or other public demonstration on any (4) Passengers are in the aircraft, un­ part of the Airport except a place spe­ operation on the Airport without the spe­ cific permission of the Airport Manager. less a passenger loading ramp is in place cifically assigned by the Airport Manager at the cabin door, the door is open, and for picket lines or other public § 167.115 Smoking. a cabin a/ttendant is at or near the door. demonstrations. (b) No person other than those cov­ (d) No person may operate any ve­ No person may smoke on any airport apron or ramps, in any hangar or shop, ered by subparagraph (4) of paragraph hicle for the disposal of garbage, ashes, (a) of this section and those persons or other waste material on the Airport in any aircraft, on the Airport, or in any other place on the Airport where smok­ necessarily engaged in the fueling or de- without the approval of the Airport fueling may be within 100 feet of an air­ Manager. ing is specifically prohibited by the Air­ port Manager. craft that is being fueled or defueled. § 167.97 Animals. (c) No person may start the engine of § 167.117 Storage. an aircraft on the Airport if there is No person may enter the Airport with any gasoline or other volatile flammable a domestic or wild animal without the (a) No person may store or stock ma­ terial or equipment on the Airport in a liquid on the ground underneath it. written permission of the Airport Man­ (d) No person may operate a radio ager, except a— manner that constitutes a fire hazard. (b) No person may keep or store any transmitter or receiver, or switch elec­ (a) Person entering any part of the trical appliances on or off, in an aircraft Airport (other than the terminal build­ flammable liquid, gas, signal flare, or ing, gate loading area, or other restricted other similar material in a hangar or on the Airport, while it is being fueled other building on the Airport. However, or defueled. area) with a domestic animal that is kept (e) During the fueling of an aircraft, restrained by a leash or in confined so as such a material may be kept in an air­ craft in proper receptacles, in rooms or on the Airport, the dispensing apparatus to be completely under control; and the aircraft must both be grounded (b) Person entering the terminal areas specifically approved for that stor­ age by the Airport Manager, or in safety in accordance with orders and instruc­ building or gate loading area with a small tions of the Airport Manager. domestic animal (such as a dog or cat) cans approved by appropriate insurance underwriters. (f) Each person engaged in fueling that is to be transported by air and is or defueling, on the Airport, shall ex­ kept restrained by a leash or is confined (c) No person may keep or store lubri­ cating or waste oils in or about a hangar, ercise care to prevent the overflow of so as to be completely under control; or fuel, and must have readily accessible (c) Blind person entering the terminal except in a room specifically designated for oil storage. However, not more than and adequate fire extinguishers. building or gate loading area with a (g) During the fueling or defueling seeing-eye dog. a 12-hour supply of lubricating oil may be kept in or about a hangar in contain­ of an aircraft, on the Airport, no person § 167.99 Loitering. ers or receptacles approved by appro­ may, within 50 feet of that aircraft, No person may loiter or loaf on any priate insurance underwriters. smoke or use any material that is likely part of the Airport. If a loitering or loaf­ (d) Each lessee of a hangar (or its to cause a spark or be a source of ing person is told by the Airport Manager sublessee) on the Airport shall provide ignition. or his agent to move on or leave the suitable metal receptacles, with self-clos­ (h) Each hose, funnel, or appurte­ Airport, he shall do so. ing covers, for storing waste, rags, and nance used in fueling or defueling an air­ other rubbish, and shall remove all rub­ craft on the Airport must be maintained § 167.101 Use of Airport and airspace. bish from its premises each day. in a safe, sound, and nonleaking condi­ (a) No person who has been denied § 167.119 Apron surface areas and floor tion and must be properly grounded to the use of the Airport by the Airport surface. prevent ignition of volatile liquids. Manager may enter on or use the Airport § 167.125 Radio operation. except while traveling through as a (a) Each person to whom space on passenger in an interstate bus or taxi the Airport is leased, assigned, or made No person may operate any radio or while embarking or debarking as a available for use shall keep the space equipment in an aircraft while the air­ passenger on an aircraft operating on free and clear of oil, grease, or other craft is in a hangar on the Airport if any the Airport. foreign materials that could cause a fire maintenance work, other than radio hazard or a slippery or otherwise unsafe maintenance, is being done on that (b) No person, Except an employee of condition. the United States performing his official aircraft. (b) No person may use any material duties or a person who has the specific § 167.127 Operating motor vehicles in permission of the Airport Manager, may (such as oil absorbents or similar ma­ hangar. terial) that creates an eye hazard when prepare to operate, operate, or release a No person may, in any hangar on the kite, parachute, or balloon, model air­ picked up, swirled, or blown about by the blast from an aircraft engine in any Airport, operate a motor scooter, truck, craft, or rocket on the Airport. passenger loading area or other public or other motor vehicle, except a tractor Subpart E— Fire Hazards and Fueling area. with its exhaust protected by screens or Operations baffles to prevent sparks from escaping § 1 6 7 .1 2 1 Doping. or the propagation of flame. §1 6 7 .1 1 1 Gleaning fluids. (a) No person may conduct a doping § 167.129 Grounding of aircraft in (a) Except as provided in paragraph process on the Airport except in a prop­ hangars. erly designed, fireproof, and ventilated (b) of this section, no person may use a No person may park an aircraft in any flammable volatile liquid having a flash room or building in which all lights, wir­ point of less than 110° Fahrenheit for ing, heating, ventilation equipment, hangar or other structure on the Airport cleaning purposes in a hangar or other switches, outlets, and fixtures are explo­ unless the aircraft is grounded in ac­ building on the Airport. sion-proof, spark-proof, and vapor-proof, cordance with the orders and instruc­ (b) No person may use a flammable and in which all windows and doors are tions of the Airport Manager. volatile liquid having a flash point of easily opened. § 167.131 Runway foaming services. (b) No person may enter or work in less than 110° Fahrenheit to clean an a dope room while doping processes are Each operator of an aircraft for which aircraft, aircraft engine, propeller, or ap­ are being conducted unless he is wearing runway foaming services are provided pliance, on the Airport, unless it is done spark-proof shoes. on the Airport at his request shall pay

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 PROPOSED RULE MAKING 14135 the expenses arising from providing hazard involved, that the Airport Man­ the maximum takeoff weight permitted those services. ager considers necessary. for that aircraft by the appropriate aero­ Subpart F— Obligations of Tenants § 167.151 Discrimination or segrega­ nautical authority of the country in tion. which it was made, computed to the § 167.141 Use of premises. nearest 1,000 pounds. All services performed in operating a No lessee of airport property may facility at the Airport must be without § 167.167 Charges for aircraft based at knowingly allow that property to be used discrimination or segregation as to race, the Airport. or occupied for any purpose prohibited creed, color, sex, or national origin. The Regional Director may fix such by this part. Subpart G— Charges fair and reasonable landing and parking § 167.143 Trash containers. charges for aircraft based at the Airport (a) No tenant, lessee, concessionaire, § 167.161 Landing charges. as he considers appropriate without re­ or agent of any of them, doing business (a) Except as provided in paragraph gard to §§ 167.161 and 167.163. on the Airport, may keep uncovered (b) of this section and in § 167.167, the § 167.169 Payment of charges. trash containers on a sidewalk or road, charge for each landing of an aircraft Charges for storage, repairs, supplies, or in a public area, of the Airport. at the Airport is forty (40) cents per and other services furnished by the FAA (b) No person may operate an uncov­ 1,000 pounds. at the Airport, and for the use of the ered vehicle to haul trash on the Airport. (b) There is no landing charge under Airport facilities, must be paid to the (c) No person may operate a vehicle this subpart for the following: Airport Manager before leaving the Air­ for hauling trash, dirt, or any other (1) Public aircraft. port. The user shall pay the charges in material on the Airport unless it is built (2) Aircraft engaged in a test flight, U.S. currency, unless he has arranged to prevent its contents from dropping, not including a survey or proving run. with the Regional Director, or the Air­ sifting, leaking, or otherwise escaping. (3) Aircraft compelled to return after port Manager, to pay the charges in some (d) No person may spill dirt or any takeoff. other material from a vehicle operated other manner. (4) Aircraft of 6,000 pounds or less on the Airport. weight. Subpart H-^-Enforcement § 167.145 Bulletin boards. § 167.163 Parking charges. § 167.181 Penalties. Each lessee of a hangar or other opera­ (a) The charge for parking an air­ (a) Any person who willfully and tional area specified by the Airport Man­ knowingly violates a rule prescribed or ager on the Airport shall maintain a craft of 6,000 pounds or less weight at bulletin board in a conspicuous place in the Airport is as follows: made applicable in this part, is guilty of his hangar or area. He shall post on that Period of time Charge a misdemeanor and, upon conviction board current workmen’s compensation Each day or fraction thereof_—______$1.00 thereof, shall be fined not more than notices, a list of competent physicians, Each week______,_3.00 $500, or imprisoned for not more than 6 Each month______10.00 a list of his liability insurance carriers, months. a copy of this part, and a copy of each (b) The charge for parking an aircraft (b) In addition to the penalties pre­ pertinent order or instruction issued of more than 6,000 pounds weight at the scribed in paragraph (a) of this section, under this part. Airport is as follows: the Airport Manager may remove or § 167.147 Storage of equipment. Charge for each eject any person from the Airport, if that 1,000 lbs. No tenant or lessee of a hangar, shop (Minimum person willfully and knowingly violates facility, or other operational area speci­ Period of time charge $1.50) a rule prescribed in this part, or an fied by the Airport Manager on the Air­ Each day or fraction thereof-______$0.20 order or instruction issued by the Re­ port may store or stack equipment or Each week-______— . 75 material in a manner to be a hazard to Each month______1— ____2.50 gional Director or Airport Manager un­ persons or property. der this part, or any applicable State or § 167.149 Fire apparatus. (c) Charges for parking aircraft un­Federal law. The Airport Manager may der this section begin 6 hours after the deny the use of the Airport and its facil­ Each tenant or lessee of a hangar, shop aircraft lands at the Airport. facility, or other operational area speci­ ities to such a person if the Airport fied by the Airport Manager on the Air­ § 167.165 Computation of weight for Manager determines that the denial is port shall supply and maintain adequate payment of charges. necessary under the circumstances. and readily accessible fire extinguishers, For purposes of §§ 167.161(a) and [F.R. Doc. 69-10648; Piled, Sept. 5, 1969; approved by fire underwriters for the 167.163(b) the weight of an aircraft is 8:45 a.m.]

FEDERAL REGISTER, V O L 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 14136 Notices

There is evidence on record concern­ iron from Finland are substantially be­ DEPARTMENT OF THE TREASURY ing injury to or likelihood of injury to low the prices at which the merchandise or prevention of establishment of an in­ is being sold in the home market. Bureau of Customs dustry in the United States. This notice is published pursuant to PIG IRON FROM BRAZIL Having conducted a summary investi­ § 53.30 of the Customs Regulations (19 gation as required by § 53.29 of the Cus­ CFR 53.30). Antidumping Proceeding Notice toms Regulations (19 C£R 53.29) and [seal! E dwin F. R ains, August 28, 1969. having determined as a result thereof Acting Commissioner o f Customs. that there are grounds for so doing, the On February 3, 1969, information was Bureau of Customs is instituting an in­ [F.R. Doc. 69-10670; Filed, Sept. 5, 1969; received in proper form pursuant to quiry to verify the information submitted 8:47 a.m.] §§ 53.26 and 53.27, Customs Regulations and to obtain the facts necessary to en­ (19 CFR 53.26, 53.27) indicating a possi­ able the Secretary of the Treasury to PIG IRON FROM NORWAY bility that pig iron from Brazil is being, reach a determination as to the fact or or likely to be, sold at less than fair value likelihood of sales at less than fair value. Antidumping Proceeding Notice within the meaning of the Antidumping A summary of information received August 28,1969. Act, 1921, as amended (19 U.S.C. 160 et from all sources is as follows: seq.). The information before the Bureau in­ On February 3, 1969, information was The information was submitted by dicates the possibility that the prices for received in proper form pursuant to Congressman T. J . Dulski, on behalf of export to the United States of pig iron §§ 53.26 and 53.27, Customs Regulations the merchant pig iron industry. from the United Kingdom are substan­ (19 CFR 53.26, 53.27) indicating a pos­ There is evidence on record concern­ tially below the prices at which the mer­ sibility that pig iron from Norway is ing injury to or likelihood of injury to or chandise is being sold in the home being, or likely to be, sold at less than prevention of establishment of .an indus­ market. fair value within the meaning of the try in the United States. This notice is published pursuant to Antidumping Act, 1921, as amended (19 Having conducted a summary investi­ § 53.30 of the Customs Regulations (19 U.S.C. 160 et seq.). gation as required by § 53.29 of the Cus­ CFR 53.30). The information was submitted by toms Regulations (19 CFR 53.29) and Congressman T. J. Dulski, on behalf of having determined as a result thereof [ seal ] E dwin F . R ains, Acting Commissioner of Customs. the merchant pig iron industry. that there are grounds for so doing, the There is evidence on record concern­ Bureau of Customs is instituting an in­ [F.R. Doc. 69-10669; Filed, Sept. 5, 1969; 8:47 a.m.] ing injury to or likelihood of injury to or quiry to verify the information submitted prevention of establishment of an in­ and to obtain the facts necessary to en­ able the Secretary of the Treasury to dustry in the United States. reach a determination as to the fact or PIG IRON FROM FINLAND Having conducted a summary investi­ gation as required by § 53.29 of the Cus­ likelihood of sales at less than fair value. Antidumping Proceeding Notice A summary of information received toms Regulations (19 CFR 53.29) and from all sources.is as follows: August 28,1969. having determined as a result thereof The information before the Bureau in­ On February 3, 1969, information was that there are grounds for so doing, the dicates the possibility that the prices for received in proper form pursuant to Bureau of Customs is instituting an in­ export to the United States of pig iron §§ 53.26 and 53.27, Customs Regulations quiry to verify the information sub­ from Brazil are substantially below the (19. CFR 53.26, 53.27) indicating a pos­ mitted and to obtain the facts necessary prices at which the merchandise is being sibility that pig iron from Finland is to enable the Secretary of the Treasury sold in the home market. being, or likely to be, sold at less than to reach a- determination as to the fact This notice is published pursuant to fair value within the meaning of the or likelihood of sales at less than fair § 53.30 of the Customs Regulations (19 Antidumping Act, 1921, as amended (19 value. CFR 53.30). U.S.C. 160 et seq.). A summary of information received The information was submitted by from all sources is as follows: [seal] E dwin F. R ains, Congressman T. J. Dulski, on behalf of The information before the Bureau in­ Acting Commissioner of Customs. the merchant pig iron industry. dicates the possibility that the prices for [F.R. Doc. 69-10668; Filed, Sept. 5, 1969; There is evidence on record concerning export to the United States of pig iron 8:47 a.m.] injury to or likelihood of injury to or from Norway are substantially below the prevention of establishment of an in­ prices at which the merchandise is being PIG IRON FROM CANADA dustry in the United States. sold in the home market. Having conducted a summary investi­ This notice is published pursuant to Antidumping Proceeding Notice gation as required by § 53.29 of the Cus­ § 53.30 of the Customs Regulations (19 toms Regulations (19 CFR 53.29) and CFR 53.30). August 28, 1969. having determined as a result thereof On February 3, 1969, information was that there are grounds for so doing, the [ seal] E dwin F. R ains, received in proper form pursuant to Bureau of Customs is instituting an in­ Acting Commissioner of Customs. §§ 53.26 and 53.27, Customs Regulations quiry to verify the information submitted [F.R. Doc. 69-10671; Filed, Sept. 5, 1969; (19 CFR 53.26, 53.27) indicating a possi­ and to obtain the facts necessary to en­ 8:47 a.m.] bility that pig iron from Canada is being, able the Secretary of the Treasury to or likely to be, sold at less than fair value reach a determination as to the fact or PIG IRON FROM SWEDEN within the meaning of the Antidumping likelihood of sales at less than fair value. Act, 1921, as amended (19 U.S.C. 160 et A summary of information received Antidumping Proceeding Notice from all sources is as follows: seq.). August 28, 1969. The information was submitted by The information before the Bureau Congressman T. J . Dulski, on behalf of indicates the possibility that the prices On February 3, 1969, information was the merchant pig iron industry. ' for export to the United States of pig received in proper form pursuant to

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 NOTICES 14137

§§ 53.26 and 53.27, Customs Regulations for export to the United States of pig been reviewed. As provided in 36 CFR (19 CPR 53.26, 53.27) indicating a possi­ iron from The United Kingdom are sub­ 221.25 published in the F ederal R egister bility that pig iron from Sweden is being, stantially below the prices at which the on January 17,' 1969 (34 F.R. 743), as or likely to be, sold at less than fair value merchandise is being sold in the home amended on August 7, 1969 (34 F.R. within the meaning of the Antidumping market. 12827), I have made the following Act, 1921, as amended (19 U.S.C. 160 This notice is published pursuant to determination: et seq.). § 53.30 of the Customs Regulations (19 1. The domestic market for Alaska The information was submitted by CFR 53.30). yellow-cedar and western redcedar har­ vested as a minor species byproduct of Congressman T. J. Dulski on behalf of [seal] E dwin F. R ains, the merchant pig iron industry. Acting Commissioner of Customs. timber sales in the western hemlock and There is evidence on record concern­ Sitka spruce type in Alaska is inadequate ing injury to or likelihood of injury to [F.R. Doc. 69-10673; Filed, Sept. 5, 1969; at this time to provide an effective mar­ or prevention of establishment of an 8:47 a.m.] ket for these species and these species industry in the United States. sold from such sales are, therefore, de­ Having conducted a summary investi­ PIG IRON FROM WEST GERMANY termined to be surplus to the needs of gation as required by § 53.29 of the Cus­ domestic users and processors. Any vol­ toms Regulations (19 CPR 53.29) and Antidumping Proceeding Notice umes of these species sold from such having determined as a result thereof sales in the National Forests during the that there are grounds for so doing, the August 28, 1969. period from the date of publication of Bureau of Customs is instituting an in­ On February 3, 1969, information was this notice in the F ederal R egister quiry to verify the information submitted received in proper form pursuant to through December 31, 1971, are desig­ and to obtain the facts necessary to en­ §§ 53.26 and 53.27, Customs Regulations nated as available for export from the able the Secretary of the Treasury to (19 CFR 53.26, 53.27) indicating a pos­ United States in addition to the statu­ reach a determination as to the fact or sibility that pig iron from West Ger­ tory limitations of 350 million board feet likelihood of sales at less than fair value. many is being, or likely to be, sold at per year which may be sold for export. A summary of information received less than fair value within the meaning 2. Minor quantities of western red- from all sources is as follows: of the Antidumping Act, 1921, as cedar are used domestically and provide The information before the Bureau in­ amended (19 U.S.C. 160 et seq.). a limited local market for unprocessed dicates the possibility that the prices for The information was Submitted by logs. Minor quantities of western red- export to the United States of pig iron Congressman T. J. Dulski on behalf of cedar in timber sales located in areas of from Sweden are substantially below the the merchant pig iron industry. high cedar content may be offered at the prices at which the merchandise is being There is evidence on record concern­ discretion of the Regional Forester, dur­ sold in the home market. ing injury to or likelihood of injury to or ing the period stated above, in sales des­ This notice is published pursuant to prevention of establishment of an indus­ ignated as “Cedar Sales.” When sold in § 53.30 of the Customs Regulations (19 try in the United States. this manner, sale contracts shall include CPR 53.30). Having conducted a summary investi­ a provision requiring that the included [seal] E dwin F . R ains, gation as required by § 53.29 of the Cus­ timber be processed domestically. Acting Commissioner of Customs. toms Regulations (19 CFR 53.29) and A. W. G r ee l e y , [F.R. Doc. 69-10672; Filed, Sept. 5, 1969; having determined as a result thereof Associate Chief, Forest Service. 8:47 a.ni.] that there are grounds for so doing, the Bureau of Customs is instituting an in­ [F.R. Doc. 69-10652; Filed, Sept. 5, 1969; quiry to verify the information submitted 8:45 a.m.] PIG IRON FROM THE UNITED and to obtain the facts necessary to en­ KINGDOM able the Secretary of the Treasury to Office of the Secretary reach a determination as to the fact or Antidumping Proceeding Notice likelihood of sales at less than fair value. LOUISIANA A summary of information received August 28, 1969. from all sources is as follows: Designation of Areas for Emergency On February 3, 1969, information was The information before the Bureau Loans received in proper form pursuant to indicates the possibility that the prices §§53.26 and 53.27, Customs Regulations F orth e purpose of making emergency for export to the United States of pig iron loans pursuant to section 321 of the Con­ (19 CFR 53.26, 53.27) indicating a pos­ from West Germany are substantially sibility that pig iron, from the United solidated Farmers Home Administration below the prices at which the merchan­ Act of 1961 (7 U.S.C. 1961), it has been Kingdom is being, or likely to be, sold dise is being sold in the home market. at less than fair value within the mean­ determined that in the hereinafter- ing of the Antidumping Act, 1921, as This notice is published pursuant to named parishes in the State of Louisiana, amended (19 U.S.C. 160 et seq.). § 53.30 of the Customs Regulations (19 natural disasters have caused a need for The information was submitted by CFR 53.30). agricultural credit not readily available Congressman T. J. Dulski on behalf of [ seal] E dwin F . R ains, from commercial banks, cooperative the merchant pig iron industry. Acting Commissioner of Customs. lending agencies, or other responsible There is evidence on record concern­ sources. [F.R. Doc. 69-10674; Filed, Sept. 5, 1969; L ouisiana ing injury to or likelihood of injury to or 8:47 a.m.] prevention of establishment of an in­ Plaquemines. St. Tammany. dustry in the United States. St. Bernard. Washington. Having conducted a summary investi­ Pursuant to the authority set forth gation as required by § 53.29 of the Cus­ DEPARTMENT OF AGRICULTURE above, emergency loans will not be made toms Regulations (19 CFR 53.29) and in the above-named parishes after having determined as a result thereof Forest Service June 30, 1970, except to applicants who that there are grounds for so doing, the TIMBER AVAILABLE FOR EXPORT previously received emergency or special Bureau of Customs is instituting an in­ livestock loan assistance and who can quiry to verify the information sub­ Surplus Status of Alaska Yellow-Cedar qualify under established policies and mitted and to obtain the facts neces­ and Western Redcedar sary to enable the Secretary of the procedures. Treasury to reach a determination as The record of the May 5,1969, hearing Done at Washington, D.C., this 2d day to the fact or likelihood of sales at less held at Juneau, Alaska, in accordance of September 1969. than fair value. with the provisions of the Act of April 12, A summary of information received 1926 (16 U.S.C. 616), as amended by Part Clifford M. H ardin, from all sources is as follows: IV of the Foreign Assistance Act of 1968, Secretary of Agriculture. The information before the Bureau to determine the surplus status of Alaska [F.R. Doc. 69-10653; Filed, Sept. 5, 1969; indicates the possibility that the prices yellow-cedar and western redcedar has 8:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 14138 NOTICES

WEST VIRGINIA ANO WISCONSIN In general terms, the subject agree­ new descriptions, providing reductions ment, which relates solely to cargo mat­ ranging frown 12.6 to 39.9 percent off oth­ Designation of Areas for Emergency ters, encompasses resolutions proposing erwise applicable general cargo rates, for lo a n s revirions to rate levels applying in air outbound items to Japan such as pewter transportation as defined by the Act, the tableware, office machinery, automobile For the purpose of making emergency introduction of a "bulk unitization” con­ and motor scooter parts, and tuna; to loans pursuant to section 321 of the Con­ cept for the carriage of large-volume add several rates for inbound items; and solidated Farmers Home Administration shipments moving in Atlantic and Pacific to reduce selected rates or minimum Act of 1961 <7 Ü.S.C. 1961) , it has been services, and the revalidation of amended weight requirements under existing de­ determined that in the hereinafter- rate-related resolutions.2 scriptions for broad categorical items named counties in the States of West Within the North Atlantic general moving in large quantities, such as cloth­ Virginia and Wisconsin, natural disas­ cargo rate structure, New York-London ing and machinery. On the South Pacific, ters have caused a need for agricultural; rates would be increased by roughly 5 general cargo rate reductions of a per­ credit not readily available from com­ percent at all weightbreaks of 200 kgs. centage range similar to that to be ap­ mercial banks, cooperative lending agen­ and below, and the 400-kg. weightbreak plied on North/Central routes were cies, or other responsible sources. would be eliminated, effecting a 10 per­ agreed at weightbreaks of 100 kgs. and West V irginia cent increase for shipments previously above. The 400-kg. weightbreak would be Greenbrier. meeting this weight requirement.8 Revi­ eliminated; however, because of a reduc­ Wisconsin sions in the specific commodity rate tion at the lower 300-kg. weightbreak, no increase would accrue to shippers. Addi­ Door. Lafayette. structure include the elimination of rates under almost 40 specific commodity de­ tionally, reductions were agreed both in­ Pursuant to the authority set forth scriptions, selective increases of 1 and 2 bound and outbound for many existing above, emergency loans will not be made cents per kg., In several existing rates, specific commodity rates. in the above-named counties after and the raising of several 45-kg. mini­ Within the Western Hemisphere, June 30,1970, except to applicants who mum weight requirements to 100 kgs. northbound general cargo rates would previously received emergency or special Furthermore, the common rating of spe­ receive across-the-board increases which livestock loan assistance and who can cific rates on the European ride has, for vary, by selected markets, between 4 and qualify under established policies and the most part, been eliminated by extend­ 8 percent. Southbound rates would be in­ procedures. ing rates to or from points beyond Lon­ creased by between 2 and 5 percent at don at differentials based on distance weightbreaks below 100 kgs. Additionally, Done at Washington, D.C., this 2d day and having a range between 2 and 15 increases have, in some Instances, been of September 1969. cents, as agreed initially at the Venice effected within the specific commodity C lifford M. H ardin, Conference in 1965.* The effect of this rate structure, and eliminations made Secretary of Agriculture. extension of differentials is to increase where the carriers believe there to be JF.R. Doc. 69-10654; Filed, Sept. 5, 1969; rates generally by 1 to 3 cents in such no traffic. The more substantial changes 8:45 am .} markets under about 40 descriptions. arise from increasing from 45 kgs. to 10D On North/Central Pacific routes, re­ kgs. the minimum weight requirement ductions have been agreed for applica­ for virtually all rates for which a 45-kg. tion at weightbreaks of 300 kgs. and minimum now applies. The carriers also CIVIL AERONAUTICS BOARD above. Based on rates between the west propose the establishment of new specific [Docket No. 20993; Order 69-8-174] coast and Tokyo, these reductions would commodity rates between Miami and cer­ tain South American points, at higher INTERNATIONAL AIR TRANSPORT range from 1.4 percent at the 400-kg. weightbreak to 6.6 percent at the high­ levels than general cargo rates, for the ASSOGATJON est available weightbreak of 500 kgs.5 carriage of household goods and personal effects under Commodity Item 9994. Agreement Relating to Worldwide Within the specific commodity rate struc­ Minimum charges would be increased Cargo Rates ture, the carriers propose, inter alia, to in all areas of air transportation. Charges Adopted by the Civil Aeronautics add a number of rates under existing or for transatlantic shipments would be in­ Board at its office in Washington, D.C., creased by $4, or from $18 to $22 for on the 29th day of August 1969. 8 AU other resolutions, some of which wereshipments to/from New York, Boston, adopted for early effectiveness, relate to non­ and San Juan, and from $21 to $25 for Agreement adopted by the traffic con­ transportation services or ancillary matters shipments to/from other UjS. cities. ferences of the International Air Trans­ involving administrative, procedural, or tech­ North/Central Pacific minimums would port Association relating to worldwide nical provisions not affecting rate levels. cargo rates, Docket 20993, Agreement These resolutions were acted upon in Orders be raised by $3 (from $15 to $18) to/from Hawaii, Los Angeles, San Francisco, Port­ CAB 21046.1 69-5-81, dated May 19, 1969; 69-5-141, dated May 29, 1969; 69-6-79, dated June 16, 1969; land, and Seattle and by $4 (from $18 An agreement has been filed with the 69 6 91 Board, pursuant to section 412(a) of the - - , dated June 17, 1969; 69-7-53; dated to $22) to/from other U.S. points. On the July 10, 1969; and in tentative order 69-7-76, South Pacific, minimum charges appli­ Federal Aviation Act of 1958 (the Act) dated July 16, 1969. and Part 261 of the Board’s economic cable to/from the gateway cities would 3 Rates to/from other points in Europe be increased by $2 (from $10 to $12) and regulations, between various air carriers, would receive the same absolute increase as by $3 (from $13 to $16) to/from interior foreign air carriers, and other carriers, applied to/from London, i.e., 13 cents at the embodied in the resolutions of the traffic under-45-kg., 10 cents at the 45-kg., 7 cents U.S. cities. Shipments moving in Latin American services would receive a $3 in­ conferences of the International Air at the 100-kg., and 5 cents at the 200-kg. weightbreaks. crease in all markets, except between Transport Association (IATA), adopted ‘ Prior to the 1965 Venice Conference, nu­ the United States and Mexico where the at meetings held in Athens in April and merous specific commodity rates to/from increase amounts to $2 and within the May of 1969. The agreement, which has points in Europe were common rated over Caribbean area where the increase to be been assigned the above-designated CAB London. At Venice, add-ons over London were agreed for 15 high-volume developmental applied is $1. agreement number, is intended to be ef­ The carriers have developed, for appli­ fective for a 2-year period beginning items, and at the 1967 San Juan Conference October 1, 1969. these add-ons were extended to lower-volume cation on transatlantic and transpacific rates under five of these same descriptions routes, a new bulk unitization concept, and to rates at all weightbreaks under nine adjunct 1R—4, R-7, R-9, and R-10 except those por­ other descriptions. The present agreement which would be available as an tions acted upon in Orders 69-7-53 and 69- further extends these differentials to addi­ to tfye present container program provid­ 7-76; R-14 through R-24; R-26; R-27; R-34; tional descriptions. ing fixed discounts for 17 standard-size R-37; R-38; R-40 through R-42, R-44, R-45; 6 Rates to/from U.S. points other thancontainers and which would offer sub­ Rr-47; R—49 through R-51; R-53 through those on the west coast would have the pres­ R-55; R-57; and R-59 through R-63. ent differential applied. stantial reductions to large shippers in

FEDERAL REGISTER, VOL. 34, NO. 1711—SATURDAY, SEPTEMBER 6, 1969 NOTICES 14139 these areas.® This concept would estab­ kgs., the charges applicable in most geo­ tuted an investigation as to whether the lish uniform charges, regardless of the graphic areas (150 percent of the under - disparate relationship of North Atlantic commodities being shipped,7 on a point- 45-kg. rate) would be increased.to con­ air cargo rates or charges of IATA car­ to-point basis for four sizes of unit load form with the charge now applicable on riers between European points and Balti­ devices8 (full pallets or igloos and B-747 the North Atlantic, i.e., 200 percent of the more, Maryland and/or Washington, pallets/igloos/lower-d e c k containers). under-45-kg. rate, which the Board has D.C., vis-a-vis European points and New The charge would apply to chargeable previously approved. For shipments of York City results in unjust discrimina­ weights (gross weight less the tare weight more than 1,000 kgs. on transatlantic tion or causes any undue preference or of the unit load device) up to a specified and transpacific routes, rates would also prejudice to any person, port, locality, or maximum, after which the weight in ex­ be increased from 130 percent to 150 per­ description of traffic and whether IATA cess of this maximum would be assessed cent of the under-45-kg. rate. A mini­ resolutions establishing such rates or an excess weight charge. For example, a mum charge would be established at 150 charges are adverse to the public inter­ 125 x 88 inch pallet/igloo (420 cubic feet) percent of that which is otherwise appli­ est or in violation of the Federal Avia­ shipment moving between New York and cable for the market in which these com­ tion Act of 1958. The application of these London would cost $1,200 up to a maxi­ modities move. add-ons established for use beyond New mum weight of 2,300 kgs., providing a We propose herein to approve the York to the named east coast gateway reduction of 29.5 percent from the other­ agreement subject to conditions, as dis­ cities represents an improvement over wise applicable general cargo rate. Each cussed below, relating to the establish­ the use of the domestic general cargo additional 100 kgs. over the specified ment of premium specific commodity rates for the same construction purpose. maximum weight would be charged $50, rates for household goods and personal The Board concludes that, subject to a or a reduction of 32.4 percent from the effects moving to/from South America condition with respect to specific com­ applicable general cargo rate. Any cost and relating to the specific commodity modity rates discussed below, these reso­ incurred in positioning at origin or re­ rate resolution applicable for transat­ lutions warrant approval on the basis of moving at destination may not be ab­ lantic services. However, because of the matters now before it. Our action in ap­ sorbed by the carriers, and breaking-bulk increases in charges that would be im­ proving these resolutions, as well as the or recontouring at a carrier’s terminal posed, we will defer action on the agree­ application of the condition attached to would require additional assessments. ment for a period of 15 days so as to the specific commodity rates, is without The resolutions governing charges for afford all interested parties to the agree­ prejudice to the rights of all parties in stalls used in transporting animals have ment, as well as interested persons, an Docket 20522, as may appear upon fur­ been amended so as to require in* in­ opportunity to submit comments in sup­ ther consideration of the record, includ­ stances where single animal occupancy of port of or in opposition to the agreement. ing that developed in a full evidentiary a double stall is requested by a shipper On the basis of the facts now before us, hearing, in Docket 20522. Similarly, the or consignee a weight charge equivalent and particularly in view of the rising action is without prejudice to considera­ to twice the current charge of a single costs for the handling of small ship­ tion of the relationship of minimum stall. This charge would be the under- ments, and the general inflationary trend charges as applies at these cities vis-a- 45-kilogram rate for 200 kilograms. Fur­ in the world economy which are reflected vis those applied at New York, since this ther, when stalls are provided by a car­ in the economic posture of the U.S. car­ is also an issue under consideration in rier, a rental fee of $50 per animal would riers with respect to their all-cargo op­ the investigation. be required, except for carriage wholly erations, the increases proposed for While we are herein proposing to ap­ within Europe/Africa/Middle East, North Atlantic and Latin American serv­ prove the Athens resolutions and thus where the applicable rental fee would be ices do not appear unreasonable. permit to become effective the basic rate $25 per anifiial. These amendments The bulk unitization concept proposed changes, which appear not to be adverse would not be applicable to traffic moving for transatlantic and transpacific routes to the public interest, we are concerned to or from Chile. .Will encourage shippers to prepare larger with the disparate treatment arising Other matters which the Board has shipments in advance, ready for carriage from the absence of specific commodity considered include an amendment to the and, furthermore, will provide a density rates at Boston, Philadelphia, Baltimore, resolution governing valuation charges incentive by virtue of the charges speci­ Washington when compared with New for shipments with a declared value of fied for large-sized unit-load devices. In York. While not endorsing the extension more than $16.50 per kilogram. The cur­ essence, this concept provides “freight- of specific commodity rates, per se, the rent level of such charges, which are all-kinds” rates, which have been sought significant reduction afforded by these calculated on the basis of a percentage by large shippers in the past. Moreover, specific commodity rates continues the (0.1 to 0.4 percent of the shipper’s de­ a substantial portion of current traffic preference and prejudice issues involved clared value) relationship to transporta­ could realistically qualify for the reduc­ in the investigation initiated in Docket tion rate levels, would be replaced with tions to be provided by these rates, and 20522. As indicated, the new add-ons pro­ a single charge of 0.4 percent of declared the potential cost savings to the carriers, posed for these cities will minimize to a value, with an increase in the lowest when coupled with the modest increases significant degree the present disparity in charge from $0.28 to $0.40 per consign­ derived from other rate revisions, should rates which caused us to initiate the fore­ ment. contribute to placing cargo operations on going proceeding. On the other hand, The carriers would also amend the res­ a more profitable footing. based upon information presently before olution applicable to charges for the car­ The carriers have adopted add-ons, us, it does not appear that the availabil­ riage of valuable items such as gold bul­ which are lower than existing local air ity or absence of specific commodity rates lion, bank notes, and precious gems. For rates, for use in constructing through as among these ports is dictated by trans­ such consignments of less than 1,000 general cargo rates and specific com­ portation criteria. Rather, it appears that modity rates to/from Philadelphia/Bal- the paucity of specific commodity rates timore/Washington for application on at cities other than New York stems from 8 An enabling resolution would permit any the financial interest of those carriers carrier to call a meeting for the purpose of the North Atlantic. By Order 69-3«-47, discussing similar revisions to the container dated March 13, 1969,9 the Board insti- authorized and providing service only at Program within the Western Hemisphere. New York to preclude competition from 7 With the exception of valuables and re­ 9 Agreements adopted by the Internationalthose carriers authorized to serve the stricted articles. Air Transport Association Relating to North other cities. We will, therefore, condition 8 Devices may be shipper-owned, but the Atlantic Cargo Rates, Docket 20522. This our approval of the applicable resolution carriers would be allowed to supply them free’ order was subsequently amended to add so as to preclude any IATA resolution or of charge for up to 48 hours for loading/un- Philadelphia, Pa., and Boston, Mass, to the provision from restricting the freedom loading on the shippers’ or consignees’ prem- other cities involved. (Order 69-4-139, dated (rental charges have been included in Apr. 30, 1969.) The Board considers that all of any IATA carrier to establish specific the established charges, with a discount up to revisions to the North Atlantic air cargo rate commodity rates at Boston, Philadelphia, 525 allowed when the device is shipper- structure or IATA resolutions pertaining Baltimore, or Washington. owned) , and a demurrage charge of $50 per to Boston/Philadelphia/Baltimore /Wash­ We propose to disapprove, by condi­ day would apply for units retained beyond ington vis-a-vis New York, are within the tioning our approval of the resolution the 48-hour limitation. scope of that proceeding. establishing specific commodity rates

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 14140 NOTICES within the Western Hemisphere (Reso­ the latter rates, and we find that the Provided, That approval shall not extend lution 590t), the commodity rates listed rates now before the Board are unwar­ to the specific commodity rates listed in in the attachment hereto for the move­ ranted for the same reasons as stated in the attachment hereto.10 ment of household goods and personal ef­ that order. Accordingly, it is ordered, That: fects moving between Miami and certain In consideration of the foregoing, the Action on those portions of Agreement South American points. These rates, Board, acting pursuant to sections 102, CAB 21046 described above be and here­ which range from 108 to 132 percent of 204(a), and 412 of the Act, makes the by is deferred with a view toward even­ the applicable general cargo rates, ap­ following tentative findings: tual approval, subject to the conditions set forth in finding paragraph 2. proximate those proposed earlier by the 1. It is not found that the following carriers to/from or between Miami and Any air carrier party to the agree­ a number of other points within Central resolutions, incorporated in Agreement ment, or any interested person, may, and South America. The Board, by Order CAB 21046, are adverse to the public in­ within 15 days from the date of service 69-6-75, dated June 13,1969, disapproved terest or in violation of the Act: of this order, submit statements in writ­ ing containing reasons deemed appropri­ Agreement IATA Title Application ate, together with supporting data, in CAB No. support of or in opposition to the Board’s action as stated herein. An original and 21046: 19 copies of the statement should be filed R-4______002______Standard Revalidation Resolution—insofar as it relates to the following resolutions: with the Board’s Docket Section. 511—Rates for Live Animals------.— ...... 514—Charges for Attendants Accompanying Consignments------This order will be published in the R-7______002_____Standard Revalidation Resolution—insofar as it relates to the fid- F ederal R egister. lowing resolutions: 511—Rates for Live Animals------— 1/2. By the Civil Aeronautics Board. 514—iCharges lor Attendants Accompanying Consignments------1/2. 596—Newspapers and Periodicals (as amended)— ------1/2. [ seal] H arold R . S anderson, R-9______602_____ Standard Revalidation Resolution—insofar as it relates to the follow­ ing resolutions: Secretary. 511—Rates for Live Animals______3/1. 514—Charges for Attendants Accompanying Consignments— ...... 3/1. [F.R. Doc. 69-10625; Filed, Sept. 5, 1969; 570—Quantity Discount (as amended)------3/1. 8:45 a.m.] R-10. 002. Standard Revalidation Resolution—insofar as it relates to the follow­ ing resolutions: 511—Rates for Live Animals .. ______1m . 514—Charges for Attendants Accompanying Consignments------1/2/3. [Docket No. 21274] 570—Quantity Discount (as amended)______1/2/3. R-14. 203f. Instruction of Agents—All Cargo Members (New)______— 1*, 2; 3. AMERICAN COURIER CORP. AND R-15______SOI_____ Minimum Charges for Cargo—Revalidating and Amending------L R-16______501_____Minimum Charges for Cargo (New)______2. SKY COURIER, INC. R-Ï7______501_____Minimum Charges for Cargo—Revalidating and Amending------3. R-18..___ _ 501______do------1/2. Notice of Proposed Approval R-19______501...... io..______-,------:----- ;------2/3. R-20______58L „.._____do______-...... — 3/1. Application of American Courier Corp. (N/e Pacific). R-21___.... SOI...... do______(S. Pacific). and Sky Courier, Inc., for approval of a R-22______£01______do...... 1/2/3. common control relationship under sec­ R-28...... 502____ Low Density Cargo—Revalidating and Amending.______Worldwide. R-24______SOS_____ Charges in Relation to Value—Revalidating and Amendlng. Worldwide. tion 408 of the Federal Aviation Act of R-26______508____ Charges for Stalls—Revalidating and Amending------L 1958, as amended, Docket 21274. R-27...rt... 508______do...... —. % 3; 1/2; 2/3; 3/1; 1/2/3. Notice is hereby given, pursuant to the R-34______513_____Charges on Mixed Consignments—Revalidating and Amending------Worldwide. statutory requirements of section 408(b) R-37R-T7______520550____ Containers Board—Revalidating and Amending...... ,...... Worldwide. of the Federal Aviation Act of 1958, as R-38R-38.___...... 521______. Use of Containers and Pallets (Unit Load Devices)—Revalidating Worldwide. and Amending. amended, that the undersigned intends R-40___ .... 521d___ L to issue the order set forth below under R-fi___ .... 534a...... 1/2. R-42___ __ 53€b. .. 1/2. delegated authority. Interested persons R-44______536a___ a/L are hereby afforded a period of 15 days R-ÏR 53fib ... South Pacific—Bulk Unification Charges (New). 3/1. R-47___ .... 551...... affic Conference 1 General Cargo Rates..____ L from the date of service within which to R-49___ .... 553____ nferenoe 3 General Cargo Rates------A R-50___ ....'554a___ irfh Atlantic General Cargo Rates------1/2. file comments or request a hearing with R-51...... 554b...... d-Atlantic General Cargo Rates______1/2. respect to the action proposed in the R-53— . __ 555____ nt 2/3 and Joint 1/2/3 General Cargo Rates.__ 2/3; 1/2/3. R-54 556_____ nt Conference 3/1 General Cargo Rates—South 3/1. order. R-55...... nt Conference 3/1 Cargo Rates—North and Cei 3/1. R-57...... 590____ ecific Commodity Rates Board—Revalidating 1. Dated at Washington, D.C., Septem­ R-Æ9.___.... 590_____ .do______— A R-62______585 ____ _ eclal Rates for Valuable Cargo—Amending---- Worldwide. ber 2, 1969. R-68______597- .__ Carriage of Human Remains (New)------1; 3; 2/3; 3/1; 1/2/3. I seal] A. M . A ndrews, Director, 2. It is not found that the following resolutions, incorporated in Agreement Bureau of Operating Rights. CAB 21046, are adverse to the public interest or in violation of the Act; Provided, O rder Appro vin g Con tro l R elationships That approval shall be subject to the conditions stated hereinafter: Issued under delegated authority. Application of American Courier Corp. and Agreement IATA Title Application Sky Courier, Inc., for approval of a common No. CAB control relationship under section 408 of the Federal Aviation Act, as amended; D ocket 21046: Speeific Commodity Rates Board—Revalidating and Amending------1/2; 2/3; 3/1; 1/2/3. 21274. R-60. 590. By joint application filed August 12, 1969, American Courier Corp. (ACC), a motor com­ Provided, That, insofar as it relates to transatlantic specific commodity rates es­ mon carrier, and its wholly owned domestic tablished in air transportation as defined by the Act, approval shall not restrict the air freight forwarder, Sky Courier, Inc. (Sky), freedom of any carrier within IATA to establish specific commodity rates at Boston, request approval of an agreement whereby Philadelphia, Baltimore, or Washington, D.G. ACC will acquire control of Security T ra n s­ port Corp. (Security), also a motor common Agreement IATA Title Application carrier, while retaining control of Sky in CAB Na.

R-61 ...... 590t___ Conference 1 Specific Commodity Rates______1. “ Attachment filed as part of the original ______document.

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 I NOTICES 14141 addition to a number of other motor common their operations, new issues may be raised. or in opposition to the proposed action. carriers.1 Therefore, consistent with our decision in Security, a Florida corporation having of­ Docket 19505? we shall make our approval No petitions have been received within fices in Tampa, Fort Myers, Sarasota, and herein subject to the condition that Secu­ the filing period and the tentative con­ St. Petersburg, holds a certificate of public rity, upon receiving from the Interstate clusions in Order 69-8-15 will herein be convenience and neoessity from the Florida Commerce Commission authority to engage made final. Railroad and Public Utilities Commission in interstate transportation, shall promptly Accordingly, it is ordered, That: which authorizes it to transport money, cur­ advise the Board of the nature and extent rency, coin, bullion, and other valuables in of such authority. Agreements CAB 21158, R-4 through armored cars and trucks between various Pursuant to authority duly delegated by R -6, CAB 21170 Rr-1, CAB 21171, R -l counties in the State of Florida. In addition, the Board in the Board’s regulations, 14 CFR through R-3, JRr-5, and R -8, and CAB it provides intrastate transportation of bank 385.18, ft is found that the foregoing con­ 21182, R-3 and R-4, be and hereby are cash letters and audit media moving between trol relationships should be approved under approved. banks in Hillsboro and Pinellas Counties, section 408(b) of the Act, without hearing. Fla. According to "Hie applicants, Security Accordingly, it is ordered: This order will be published in the currently holds no Interstate Commerce Com­ 1. That the acquisition of control by F ederal R egister. American Courier Corp. of Security Trans­ mission authority, and performs no opera­ [seal] H arold R. S anderson, tions in interstate commerce. port Corp., be and hereby is approved; The applicants further state, inter alia, 2. Approval of the acquisition of control Secretary. that ACC, through its subsidiary Pony Ex­ herein shall be effective only so long as [F.R. Doc. 69-10677; Filed, Sept. 5, 1969; press, Inc., presently performs Florida Intra­ Security Transport Corp. conducts the spe­ 8:48 a.m.] state operations lor the transportation of cialized types of intrastate transportation bank cash letters and audit media; and that described herein; and upon receipt of au­ ACC’s acquisition of Security will not result thority from the Interstate Commerce Com­ [Dockets Nos. 18650, 20291; Order 69-9-3] in any significant change in the nature or mission to engage in interstate transporta­ type of specialized service currently con­ tion Security Transport Corp. shall promptly INTERNATIONAL AIR TRANSPORT ducted by ACC and its affiliates. "The appli­ advise the Board of the grant of such au­ ASSOCIATION cants contend that Security’s operations thority; and would in no way conflict with air ’transporta­ 3. The Board shall have continuing Juris­ Order Regarding *Fare and Rate tion services. diction over the parties and matters in­ Matters Finally, the applicants state that given volved in Docket 21274. Board approval of the acquisition, certain Persons entitled to petition the Board lor Issued under delegated authority Sep-, Interlocking relationships will result between review of this order pursuant to the Board’s tember 2, 1969. Security and Sky, but that the exemption regulations, 14 CFR 385.50, may file such Agreement adopted by the Traffic Con­ and approval conferred by $ “287.2 of the petitions within 5 days after the date of Board’s economic regulations applies to such service of this order. ferences of the International Air Trans­ relationships, and approval therefore is not This order shall be effective and become port Association relating to fare and rate necessary. the action of the Civil Aeronautics Board matters. No objections to the application have been upon expiration of the above period unless An agreement has been filed with the filed. within such period a petition for review is Notice of Intent to dispose of the applica­ filed, or the Board gives notice th at It will Board, pursuant to section 412(a) of tion without a hearing has been published In review this order on its own motion. Hie Federal Aviation Act of 1958 (the the F ederal R egister and a copy of such Act) and Fart 261 of the Board’s eco­ ®otice has been furnished by the Board to [seal] Harold R. S anderson, nomic regulations, between various air the Attorney General not later than i day Secretary. carriers, foreign air carriers, and other following such publication, both in accord­ [F.R. Doc. 69-10675; Filed, Sept. 5, 1969; carriers, embodied in the resolutions of ance with section 408(b) of the Act. 8:47 a.m.] the Traffic -Conferences of the Interna­ Upon consideration 01 the foregoing, It Is concluded th at the relationships are sub­ tional Air Transport Association (IATA), ject to section -408 of th e Act. However, ft [ Docket No. 20291; Order 69-9-7] .and adopted by mail votes. The agree­ Is further concluded that such control re­ ment has been assigned the above-des­ lationships do not affect th e control of an INTERNATIONAL AIR TRANSPORT ignated CAB Agreement number. air carrier directly engaged in the operation ASSOCIATION The agreement amends the existing of aircraft in air transportation, do not resolutions governing rates of exchange result in creating a monopoly and do not Order Regarding Pare Mailers tend to restrain competition. Furthermore, and the rounding off of passenger fares ao person disclosing a substantial Interest Issued under delegated authority Sep­ and cargo rates to reflect the change to hi the proceeding is ‘currently Tequesting a tember 2, 1969. a decimal Systran ©f currency which will nearing, and It as concluded that the public Agreements adopted by the Traffic be introduced in Jamaica. interest does not require a hearing. The Conferences of the International Air ^Pursuant to authority "duly delegated control relationships are similar to others Transport Association relating to fare which have been approved by the Board and by tire Board in the Board’s regulations, ao not essentially present any new subs tan- matters. 14 CFR 385.14, it is not found, on a wve issues? On the other hand, should the By Order 69-8-15, dated August 4, tentative basis, that the following reso­ general character of Security alter In any 1969, action was deferred, with a view lutions which are incorporated in the significant respect through »expansion of toward eventual approval, on certain agreement indicated, are adverse to the resolutions adopted by the Traffic Con­ ferences of the International Air Trans­ public interest or in violation of the Act: 1 Sky is controlled by ACC which is In turn Agreement CAB IATA Resolutions controlled by Purolator Products, line., a port Association (IATA). Hie agree­ manufacturing enterprise. These control rela­ ments (1) amend add-ons for points 21234, R -l____ 100(Mail 805) 021b. tionships were granted Board approval by within Norway to reflect recent increases 200(Mail 924) 021b. order 6 9-3-81 pjodfcet 19505). ACC a t th at in domestic fares, (2) specify fares for 300(Mail 304) 021b. time controlled five motor common carriers, Bratislava for mid-Atlantic travel at the JT12(MaU 709) 021b. Pony Express, Inc., American Courier same level as the Vienna fares, (3) JT23(Mail 223)021b. of Va„ Trans Canadian Couriers, Ltd., JT31 (Mall 164) 021b. amend the application of affinity group- JT123 (Mail 617) 021b. Protective Motor Service Co., Inc., as size so as to clarify that for purposes of as its wholly owned subsidiary Protec- 212S4, ft-2 ____ 100(Mail 805) 023a. ve Service Co. Also, by notice of proposal computing the number of passengers, 200(Mail 924) 023a. approval served Aug. 11, I960, the Bureau of two half-fare passengers (children aged ,300(Mail 304) 023a. JT12 (Mail 709) 023a. Perating Nights indicated that ft would 2 to 12) shall be counted as one member pprove ACC’s control of Armored Motor of the group, and (4) decrease certain JT23 (Mail 223) 023a. JT31(Mail 164) 023a. *nc., as well as th at company’s motor add-on fares for Antwerp to the level of JT123 (Mail 517) 023a. subsidiary, Mail Messengers, Inc. the Brussels fare. (Docket 21078). 21234, R -3— 100(Mail 805) 023b. In deferring action on the agreements, 200 (Mail 924) 023b. See Sky Courier-Cross Armored Carrier 10 days were granted in which interested 300(Mail 304) 023b. al- Order E-17376, Aug. 29, 1951; persons might file petitions in support of JT12(Mail 709) 023b. FJodo^nfcers dispatch Corp. et al., "Order .JT23 (Mail 223) 023b. 1 °24’ Mar. 6, 1967. Also see footnote *. supra. JT31(Mail 164) 023b. 8 See footnote 1, supra. JT123(Mail 617) 023b.

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Accordingly, it is ordered, T h at: United States, has a net weekly circula­ roughly corresponds to the net weekly Action on Agreement CAB 21234, R -l tion of 321,900 television homes.1 Of the circulation of KTVH-TV. Nevertheless, through R^3, be and hereby is deferred State’s 12 operating commercial tele­ the figures tend to indicate that the with a view toward eventual approval. vision stations, three are located in this Wichita morning and evening dailies do Persons entitled to petition the Board market.2 KTVH-TV, the CBS affiliate, not penetrate much beyond their im­ for review of this order, pursuant to the ranks third with a net weekly circulation mediate market while KTVH-TV encom­ Board’s regulations, 14 CFR 385.50, may, of 242,000 homes.3 Competitively, its posi­ passes both Wichita and Hutchinson. within 7 days after the date of service tion is measured against Wichita sta­ Though the above outline of newspaper of this order, file such petitions in sup­ tions, KARD-TV (NBC) and KAKE-TV distribution includes only local dominant port of or in opposition to our proposed (ABC). But the former has three satel­ publications, Gaylord’s newspapers, the action herein. lite television stations bringing two addi­ Daily Oklahoman and the Oklahoma City tional Kansas communities and one Times, are currently sold in the Wichita- This order will be published in the Kansas-Nebraska market into its audi­ Hutchinson market. They constitute the F ederal R egister. ence total. The latter, KAKE-TV, owns two largest newspapers in Oklahoma. In [ seal] Harold R . S anderson, a satellite station extending its market Kansas, their daily circulation is 1,741 Secretary. area to one additional Kansas commu­ and 3,849 on Sunday.7 We are told that [F.R. Doc. 69-10678; Filed, Sept. 5, 1969; nity.4 Despite their disparate coverage, only two copies are sold daily in Hutchin­ 8:48 a.m.] however, KTVH-TV enjoys a healthy son and 16 on Sunday.8 The balance re­ financial position with a substantial portedly is distributed throughout Kan­ share of the market’s television station sas, although we presume a sizeable revenues and of its total income. In portion is sold in Wichita. (Consequently, FEDERAL COMMUNICATIONS political and media prominence, KTVH- Gaylord already has a foothold in this TV is a powerful voice in Kansas. Based market, serving as an information and on FCC engineering standards and esti­ media source competitively antagonistic COMMISSION mated 1968 population figures, the sta­ to Cowles.) [Docket No. 18681; FCC 69-907] tion’s Grade B signal serves 760,830 peo­ 9. In terms of regional media concen­ MINNEAPOLIS STAR AND TRIBUNE ple, or 33.4 percent of the State’s total tration encouraged by this transfer to population of 2,272,000.® Gaylord, it should be noted that there CO. AND WKY TELEVISION SYS­ 6. The Gaylord application lists 26 are two counties in Kansas (Sumner TEM, INC. radio stations, purportedly assigned to and Chautauqua) and three in Okla­ Memorandum Opinion and Order the Wichita-Hutchinson market and pre­ homa (Grant, Alfalfa, and Woods) in sumedly reflecting media competition in which the television station signals of Designating Application for Hear­ the area.6 both WKY-TV and KTVH-TV have ing on Stated Issues 7. There are only two separately pub­ varying degrees of penetration. Within In regard application of Minneapolis lished dominant newspapers in Wichita- these five counties are located 18,400 Star and Tribune Co. (transferor) and Hutchinson. Their distribution is as indi­ television households.9 (See Appendix WKY Television System, Inc. (trans­ cated in Chart If B ) 9a feree) , Docket No. 18631, File No. BTC - Chart I: 10. Based on FCC engineering stand­ ards, neither of the Grade B contours of 5848; for voluntary transfer of control Newspaper Market Wichita-Hutchinson of Wichita-Hutchinson Co., Inc., licensee these television stations overlap. (See of Station KTVH-TV, Hutchinson, Kans. Hutchinson: Illustration 1.) 8b But on further review 1. This proceeding involves the appli­ Hutchinson News; it may appear significant to the issues 68 Census Est.—43,600. of concentration that, for advertising cation for transfer of control of the Published by John P. Harris, former minor­ Wichita-Hutchinson Co., Inc., licensee ity owner in KTVH-TV. and program purposes, the station of Station KTVH-TV (Channel 12), Circ: signals of these two broadcast facilities Hutchinson, Kans., from the Minneapo­ 51,412 (All day). are in competition. lis Star & Tribune Co. to WKY Television 52,581 (Sunday). Gaylord media interests. 11. The pro­ System, Inc. 51,204 (Sat. M.). posed transferee, WKY Television Sys­ 2. KTVH-TV serves Wichita-Hutch­ Wichita: tem, Inc., is a wholly owned subsidiary inson, Kans. This property is owned by Wichita Eagle and Beacon. 68 Census Est.—314,043. of the Oklahoma Publishing Co., a con­ the Wichita-Hutchinson Co. which in Published by the Wichita Eagle & Beacon cern controlled by the Edward K. Gay­ turn is owned by the Minneapolis Star & Publishing Co. lord family of Oklahoma City, Okla. The Tribune Co. The latter is substantially Circ: WKY subsidiary is the licensee of five controlled by the John Cowles family. Eagle (m ), 128,597. television stations and one standard 3. Cowles interests in broadcasting Beacon (e ), 67,342. broadcast station, including WKY-AM- and CATV reach through the midwest Eagle & Beacon (S ), 164,153. TV (v), Oklahoma City; KTVT-TV (v), and southern United States. Superim­ Weekly papers: Fort Worth-Dallas, Tex.; KHTV-TV posed on these operations is a corporate Hutchinson Record—Circ: 850. (u), Houston, Tex.; WTVT-TV (v), structure of newspaper and publishing Wichita Democrat—Circ: 1,580. concerns holding substantial influence S ource: Ayer Directory of Newspapers and Periodicals, 1968, pp. 408, 420. 7 Letter to the FCC from Gaylord’s attor­ over sources of information throughout neys, Mar. 3, 1969. FCC File No. BTC-5848. the Nation. 8. The combined daily circulation of 8 Ibid. In evaluating competition in the 4. Behind the corporate identity of the Wichita Eagle and Beacon (jointly Wichita-Hutchinson market, seel, also, U.S. v. the purchaser stands the Oklahoma Pub­ published) and the Hutchinson News Wichita Eagle Publishing Co., Civil No. W- lishing Co., substantially owned and 1876 (D., Kansas 1959), Anti-Trust Div. No. completely controlled by the Edward K. 1466, 1959 Trade Cas. 69,400, proscribing the 138 Television Factbook, Stations Volume, practice of conditioning newspaper advertis­ Gaylord family. Gaylord holdings con­ 1968-69, p. 263-b. ing upon the agreement of advertisers not to stitute a regional concentration of pub­ 2 Ibid. use other media; “tie-in” advertising sales lishing and broadcasting interests pre­ 3 Ibid., p. 277-b. in different editions; and limiting distribu­ dominantly centered in the southwestern 4 KARD-TV has satellite stations in Great tion to subscribers of all newspapers owned United States, and extending (perhaps, Bend and Garden City, Kans., and one in by a single publisher. Other anticompetitive less significantly for the moment) into Oberlin, Kans.-McCook, Nebr. KAKE-TV has practices and media purchases may possibly the Nation’s southern and midwestern one satellite station in Garden City, Kans. be traced from this prohibition. regions. 6 Cf. Illustration 5. Population figures 9 38 Television Factbook, Static/is Volume, taken from Spot Television Rates and Data, 1968-69; pp. 277-b, 565-b. T he W ichita-H utchinson Market Standard Rates and Data, Inc., Jan. 15, 1969, 9a Appendix B filed as part of original pp.186-187. document. 5. Wichita-Huchinson, Kans., ranked «FCC File No. BTC-5848, Section IV-B, 9b Illustrations filed as part of original as the 56th television market in the Exhibit B. document.

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Tampa-St. Petersburg, Fla." and WVTV- stations overlap.37 A similar condition 61.2 percent off the State’s 2,499,400 pop­ TV (u), Milwaukee, Wis. (See Illustra­ exist in the Wichita-Hutchinson market ulation. (See Illustration 3.) 20 The con­ tion 1.) Thus, WKY Television System, where there is the practical overlap of tour of the Oklahoma City television sta­ Inc., is the licensee of television stations WKY-TV and KTVH-TV signals to tion, W KY-TV, encompasses 1,035,455 which we have already averted, and people, or 414 percent of the total. (See in the 51st, 15th, 26th, 31st, and 24th where there is a presumptive conflict Illustration 4.)20 market», respectively. of interest likely to be enlarged by this "21. Adding to this total coverage, the 12. The Oklahoma Publishing Co. transfer. 33.4 percent of Kansas population served prints that S tate’s two largest news­ 16. We believe such overlap becomes by KTVH-TV in Wichita-Hutchinson, papers, the Daily Oklahoman (m) and competitively perilous when viewed in Gaylord broadcast facilities will have a the balance of proprietary interests held the Oklahoma City Times (e). The com­ potential political and media influence by the Katz family in Gaylord’s Okla­ reaching to 6,607,060 people—almost half bined daily circulation of these news­ homa Publishing Co. Eugene Katz, the combined population of Texas, Okla­ papers is 292,672.10 The company also George R . Katz, other family- members, homa, and Kansas. (See Illustration 5.)20 publishes a combined Sunday edition, and the Estate of Sidney L. Katz possess C o w l e s M e d ia I n t e r e s t s with a circulation of 270,975.11 As pre­ combined shares exceeding 7 percent viously mentioned, the circulation of ownership in the Oklahoma Publishing 22. Cowles family ownership involves Co. Eugene Katz is president of the Katz numerous media enterprises, held indi­ these newspapers in Kansas is 1,741 Agency, Inc. George R. Katz, a director vidually and through the Minneapolis daily and 3,849 on Sunday.32 in that agency, holds an interlocking re­ Star and Tribune Co. or Cowles Com­ 13. Oklahoma Publishing Co. prints a lationship as vice présidait and director munications, Inc. (CCD. (See Illustra­ monthly agricultural periodical, The of the Oklahoma Publishing Co.18 tion 6.)30 Common ownership interests Farmer-Stockman (c. 426,443), pub­ 17. These ties are relevant to the pro­ also link these two companies; and a lished in three separate editions for posed transfer. Katz Television Sales structure of interlocking relationships represents KAKE-TV in Wichita.19 Since enlarges the potential for control. The Kansas, Oklahoma, and Texas.18 In addi­ the agency serves all six stations in the Minneapolis Star and Tribune Co. has tion, it publishes R x C oif and Travel, a Oklahoma Publishing Co.’s System, it joint broadcast interests with Ridder monthly sports and travel magazine for seems reasonable to presume it will Publications, Inc. Cowles Communica­ physicians (c. 196,070 monthly).14 The handle KTVH-TV if the transfer of tions is intimately involved with media publishing company also operates a license is allowed. Assuming this pre­ operations, especially newspapers, owned trucking company through its wholly sumption is correct, the Katz family will by Perry Publications, Inc. Together, represent two television stations in the these companies hold substantial sway owned subsidiary, the Mistletoe Express Wichita-Hutchinson market while hold­ over information sources throughout the Service. ing ownership interests in one. I f Katz United States, including broadcast prop­ Duopoly. 14. The Katz Agency, Inc. bypasses representation of KTVH-TV, erties, newspapers, magazines, and book ■of New York is one of the country’s the family will still be a part owner in publishing companies. (See Appendix A largest media sales representative or­ that station while serving its competitor, for detailed elaboration.)208 ganizations. Operating through three KAKE-TV in Wichita. An issue on this 23. The Minneapolis Star and Tribune Duopoly situation is appropriate. Metro­ Co. owns 100 percent of the licensee of separate agencies, it serves newspapers, media, Inc., 16 FCC 2d, 918 (1969). KTVH-TV. WCCO-AM-FM (cp) -TV is television, and radio stations throughout Gaylord media influence. 18. Gaylord licensed to Midwest Radio-Television, the United States. Katz Newspaper broadcast stations rise in spoon-handle Inc., which is owned by the Minneapolis Sales, Inc., represents over 46 news­ fashion along a northerly tier extending Star and Tribune Co. (47 percent) and papers, including Gaylord’s Oklahoma from the Gulf of Mexico through Texas by Midcontinent Radio-Television, Inc. City Times and the Daily Oklahoman.15 and Oklahoma. The proposed transfer (53 percent). Midcontinent, in turn, is adds the most immediately adjacent equally owned by MTC Properties, Inc., Katz Television, Inc., includes within its television station to the north in Hufcch- an enterprise with financial interests in representation of 59 television stations inson-Wichita, Kans. (See Illustration the Minneapolis Star and Tribune Co.; nationally, service to the advertising rev­ 1.)*° and Northwest Publications, Inc., a com­ enue needs of Gaylord’s five video out­ 19. Within these three States reside pany controlled by the prominent pub­ lets.16 Katz Radio Sales serves WKY-AM, 15,717,900 people. In Texas, with a pop­ lishing family of the late Joseph E. Rid­ Inc. and 55 other radio stations. ulation of 10,945,600, Gaylord television der. The Minneapolis Star & Tribune Co. publishes the only two daily general cir­ 15. In certain competitive areas, the stations,. located in the Fort Worth- Dallas and Houston markets, serve over culation newspapers—The Star (e) and Katz Agency represents both Gaylord 4,316,730 people. This service covers 39.4 Tribune (mS)—in Minnesota’s largest and Cowles. For example, in Florida, the percent of Texas population. (See Illus­ city. The Star and Tribune are also the Katz television agency handles national tration 2.)20 first and second largest daily newspapers and spot advertising for Gaylord’s 20. Gaylord’s radio outlet, WKY, in in the State. John Cowles, Jr., is editor WTVT-TV (Tampa-St. Petersburg) and Oklahoma City, has a potential for day­ of both. The only two newspapers in St. time circulation to 1,529,500 people, or Paul, the Pioneer Press (m ), and the Dis­ also Cowles’ WESH-TV (Orlando-Day- patch (eS ), are published by Northwest. tona). The Grade B contours of these Hence, in the twin cities of Minneapolis- 17 Cowles’ WESH—TV has a net weekly cir­ culation of over 50 percent in Sumter, Lake, St. Paul, there are no daily general cir­ 10 Ayer Directory of Newspapers and Osceola, and Citrus Counties; between 25-50 culation newspapers published by any­ Periodicals, 1968, p. 888. The Daily Okla­ percent in Lafayette County; and between 5- one other than those connected with homan, c. 176,235; Times, c. 116,437. 24 percent in Polk, Highlands, and Hernando WCCO. The Minneapolis Star and Trib­ 11 Ibid. Counties. Gaylord’s WTVT-TV has over 50 une Co. publishes the Journal (eS ), the 12 Cf. footnote 7. percent net weekly circulation in Hernando, only newspaper in Rapid City, S. Dak; 18 Ayer, 1968, p. 887. Polk, and Highlands Counties; between 25- 14 Ibid, p.888. also the Tribune (m) and Leader (e), the 50 percent in Lafayette, Osceola, and Sumter only newspapers in Montana’s largest 151969 Editor and Publisher Yearbook, p. Counties; and between 5-24 percent in Lake Katz has recently announced that as and Citrus Counties. 38 Television Factbook, city, Great Falls. It also owns 90 percent Sept. 1,. 1969, it will divest its newspaper Stations Volume, 1968-69; pp. 154-b, 163-b. of the monthly magazine, Harpers. representation, Katz Newspapers Sales will 18 Poor’s Register of Corporations, Directors 24. Cowles Communications, Inc., is Become a separate division of Cresmer, Wood­ and Executives, 1969, p. 1282. licensee of KRNT-AM-FM(cp) -TV in ward, O’Mar a & Ormsbee, New York, a major 18 Broadcasting Yearbook, 1969, p. A-27. newspaper representative firm, ** Illustrations filed as part of original docu­ 208 Appendix A filed as part of original 10 Broadcasting, May 19, 1969, p. 68. ment. document.

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 14144 NOTICES

Des Moines, Iowa, the Nation’s 78th mar­ CATV systems. (See Illustration 8.)20 As and population figures based on service ket. In addition, it owns the KRNT previously mentioned, Ridder Publica­ contours are substituted, the reach of Theater in Des Momes. The Des Moines tions has proprietary, interests with Cowles broadcasting and publishing ex­ Register and Tribune Co., largely con­ Cowles in the licensee of WCCO. (For tends to about 27 million people, or more trolled by Gardner Cowles, publishes the elaboration see Appendix A, pars. 9-15.) than 10 percent of the population within Register (m) and the Tribune (eS), the Cowles media influence. 27. Cowles the United States. only two newspapers in that city. Cowles Broadcasting and publications, based on 32. Through common business inter­ Communications, Inc., is the publisher of advertising and distribution circulation ests and holdings in newspaper and Look magazine, Venture, Family Circle, figures, reach approximately 19,800,000 broadcast facilities, Cowles, Perry, and and Paperboard Packaging, a trade pub­ people. In terms of the political and Ridder reach into 17 States—Arkansas, lication. In addition, the . corporation media prominence of Cowles broadcast California, Colorado, Florida, Indiana, publishes the San Juan Star (m), the facilities, the span of coverage over popu­ Iowa, Kansas, Massachusetts, Missouri, only English-language newspaper in lated areas of the United States is tre­ Mississippi, Montana, New York, North Puerto Rico, and the Sim (m) in Suffolk, mendous. (See Illustration 6.)20 Dakota, South Dakota, Tennessee, Wis­ Long Island, N.Y. CCI, through its wholly 28. The WREC-AM-FM-TV stations consin, and Washington—some of the owned subsidiary, Cowles Broadcasting in Memphis, Tenn., cover the four-State most densely populated States in the Service, Inc., is the licensee of WREC- area of Tennessee, Arkansas, Mississippi, nation. (See Illustration 9.)20 AM-FM-TV in Memphis, Tenn., the Na­ and Missouri in which 12,833,300 citizens T he M ethod of Analysis tion’s 32d market. CCI is also one-third reside.25 The service contours of the AM owner of Total TV of Memphis, Tenn., 33. We have not attempted to pene­ station encompasses 2,435,200 people, or trate the intricacies of these business which holds the CATV franchise for 19 percent of the total four-State popu­ Memphis and Shelby Counties in Ten­ combinations. It seems obvious that we lation. Within the contour of WREC-FM do not, at the present time, have suffi­ nessee. The remaining two-thirds of To­ reside 1,049,100 persons. This constitutes tal is held by Memphis television stations cient facts to ascertain their full rele­ 8.1 percent of the area’s population. vance, or ferret out all the implications WHBQ-TV, owned by RKO General, and WREC-TV reaches a concentration of WMCT-TV, owned by Scrlpps-Howard.21 of this media concentration. 13 percent, or 1,657,800 people in the 34. Some of these relations are remote, Cowles Communications, Inc. (CCI), also four States. Within these average per­ has a substantial position in TV Com­ as for example, the community of busi­ centages, Cowles signals may range from ness interests which may tie together munications Corp. (TCC),22 which is par­ a State population coverage of less than tially owned by the Bulletin Co., pub­ Cowles and Time-Life Broadcasting 1 percent to as high as 32 percent of a through Television Communications lisher of the Philadelphia Bulletin. The State’s residents. Bulletin holds a majority position in Corp. and the Philadelphia Bulletin Co. Philadelphia CATV Co.; and Time-Life 29. KRNT, located in Des Moines, 35. Others are more immediate and Broadcasting Co. has a substantial mi­ Iowa, reaches significant percentages of financially important, as for example, nority interest in that enterprise.23 that State’s 2,760,700 inhabitants. Its the common proprietary interests tying television contour encompasses 608,800 Gaylord and the Katz advertising sales Co w les-P erry M edia I nterests people, 22 percent of the State’s total agencies, which in turn represent Gay­ 25. CCI, through its wholly owned population. The FM contour includes lord and Cowles broadcast facilities Florida Broadcasting Co., is licensee of 435,950, or 16 percent of the State’s within adjacent or proximate markets; WESH-TV, Daytona, Fla. Until very population. KRNT-AM radio serves 27.5 and as for example, the CATV alliance recently, CCI, through other subsidiaries, percent or 758,700 people. But Cowles in­ of RKO General, Scripps-Howard, and and together with Perry Publications, fluence through AM broadcasting in Cowles Communications, Inc., in Mem­ Inc., controlled 17 daily newspapers (11 Iowa is potentially even greater. The phis, encompassing substantial areas of morning; six evening), almost one-third Cowles-Ridder owned WCCO-AM sta­ Tennessee, Mississippi, Arkansas, and of Florida’s total of 55 daily papers (20 tion in Minneapolis-St. Paul, Minn., Missouri. morning; 35 evening) .** (See Illustration reaches 331,800 people living inside the 36. The list of these arrangements, 7.) 20 This concentration of control in northern border of Iowa. When this whether formed out of commonsense such a small region of Florida appears figure is added to the population en­ or by conscious choice, may constitute all the more severe in view of the fact compassed by the KRNT-AM service the detail and description of media con­ that Perry Publications, Inc, owns 47.5 contour, Cowles broadcasting spans trol proscribed as inconsistent with the percent of the WNDB licensee in Day­ 1,090,500, or 39.5 percent of Iowa’s public interest and our multiple owner­ tona Beach. John H. Perry, Jr., is presi­ population. ship rules. dent and board chairman of Perry Pub­ 30. The Cowles-Ridder stations, 37. We have not limited this review lications, Inc., and is also a director of WC CO-AM-FM (cp) -TV, cover substan­ by setting a barrier at 1 percent cross­ CCI. tial areas of population within the four- interests which (not being counted under State area of Minnesota, Wisconsin, our reporting rules) are sometimes pre­ Co w les-R idder M edia I nterests Iowa, and South Dakota. Within this sumed to shelter minority interests from 26. Ridder Publications, Inc., founded center live 11,281,400 people. Inside the any inquiry into their impact on media by the late Joseph E. Ridder, holds vast AM radio contour are 3,807,300 inhabi­ concentration of control. In many cases, media interests throughout the United tants, or 33.7 percent of the area popula­ the presence of wholly owned subsid­ States. The Ridder family controls Rid­ tion. The heaviest concentration, how­ iaries may signal material questions of ever, (2,984,600 or 82.3 percent) resides how small percentage interests are to be der Publications, Inc., which, directly or defined in terms of Commission report­ indirectly, owns three television stations, in Minnesota. WCCO-TV reaches 55.6 percent of Minnesota’s total population. ing requirements vis-a-vis the issues en­ five AM and two FM broadcasting sta­ When the FM station authorization be­ compassed by economic and media con- tions, 16 daily newspapers, and two comes operational it will reach 1,560,300 centration. Minority interests sifted people in Minnesota, or 43 percent of the through the mathematics of attribution rules often can be reduced to an exceed­ 23 38 Television Factbook, Services Volume, State’s total population. 1968-69, p. 576-a. (See Appendix A, par. 3.) 31. If these population figures are col­ ingly insignificant proportion of owner­ 22 On Apr. 18, 1968, CCI exchanged all of lated, Cowles media influence in an ship, which nevertheless, may hide an its voting and nonvoting stock in Universal eight-State area is extended by broad­ extremely dramatic influence. Cable Vision for 160,000 shares of the capi­ casting to approximately 7 million peo­ 38. The most obvious answer is that tal stock in Television Communications Corp. our regulations encourage us to inquire (See Appendix A, par. 4.) ple. When broadcast circulation figures for advertising purposes are discounted, into “actual working control in whatever 23 38 Television Factbook, Services Volume, manner exercised.” 47 CFR 73.35, 73.240, 1968-69, p. 575-^a. ** Ayer, 1968, pp. 198-217. Perry has recently 25 The following figures are derived from 73.636. We have consistently interpreted been disposing of his ownership in these FCC engineering standards and estimated this rule as described in our multiple Florida newspapers. (See Appendix A, pars. 1968 population figures taken from Spot ownership policy statement of 1953. We 5-8.) Television Rates and Data, Jan. 15,1969. there said:

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 NOTICES 14145

It is our conclusion that the principle of ment purchase of this type would seem as compared to 40 percent (or $1,627,088) diversification and the realities of the situa­ well within the financial capacity of the tion require that no distinction be made generated by WKY-TV. If program between a minority noncontrolling Interest Cowles company. It currently enjoys an effort is stated as a function of profits, and a full or controlling one. While the excess of $1 million in assets over liabili­ KTVH-TV’s expenses of $525,782 are holder of a small interest in many instances ties.30 Consequently, the Commission has twice as great as its net income before may have slight influence on the operation no information of decisional relevance tax. The inverse ratio is true of WKY- of the station in question, it is also true such disclosing the licensee’s need for addi­ TV. Its program expense only amounts to a person can exert a considerable influence— tional capital, or the benefit expected to about 65 percent of its total profit. Stated to an extent clearly within the objectives and result from the contribution. In addition, as a dollar expense to income ratio, for purview of th e . described diversification the transfer application contains no policy. Several factors should be noted here: every $2.25 KTVH-TV spends for pro­ (1) There may not be a correlation between commitment to invest any sum of new graming, it earns $1 profit. On the other the size of the minority holding and the ex­ capital. hand, W KY-TV earns $1 profit for every tent of the influence wielded; (2) it is im­ 42. Certainly, expanded program in­ 65 cents of program expense. This repre­ possible to determine on the face of the vestment might be a reason for the con­ sents a 154 percent return on program application what the influence of the multi­ tribution of “substantial additional capi­ investment. ple owner will be; indeed it may be difficult tal.” But Gaylord agents conclude that 47. We have not analyzed these per­ or incapable of definite ascertainment even they “* * * should retain the general centages in terms of consolidated station in a subsequent hearing; and (3) in the cases (program) format of the station’s oper­ of the holder who has interested himself in revenue and expense of broadcast hold­ numerous stations, there is good probability ation * * Such program improve­ ings in the WKY Television System. Nor that because he is so actively engaged in the ments as are suggested appear to have have we made a financial comparison of broadcast field, his influence will tend to be been developed within the station’s exist­ all Cowles broadcast operations. No a positive or substantial one. Amendment of ing resources of staff personnel and rev­ doubt adjustments may be required Buies Relating to Multiple Ownership, 18 enues.81 Thus, no new capital is indicated within the structure of Gaylord broad­ FCC 288, 292—3 (1953). or specified in this regard. casting to account for losses in its UHF 39. The issue of these business com­ 43. Furthermore, there is serious ques­ television operations. Based on the scant binations and arrangements is material tion whether the Gaylord promise to information before us, it is impossible to to this case. Where the number of com­ retain the KTVH-TV program format is determine how much Gaylord’s program­ petitors is small, “the greater is the like­ credible. In attempting to assess WKY ing efforts are depleted in VHF television lihood that parallel policies of mutual Television System’s past experience and by the exigencies of carrying losses and advantage, not competition, will emerge. record in other markets, we find on a acquiring programs in the UHF branch That tendency (however) may well be comparative basis that Gaylord’s WKY- of its business. To some extent, there thwarted by the presence of small, but TV in Oklahoma City makes a dispropor­ must be a correlation. significant competitors.” U.S. v. Alumi­ tionately smaller programing effort than 48. We have made this comparison be­ num Company of America, 377 U.S. 271, KTVH-TV makes under Cowles’ man­ tween KTVH-TV and W KY-TV solely on 284 (1963). The problem for us is to find agement. the basis of their proximity, and the the standard of competition which 44. In terms of gross revenue, KTVH- necessity to establish some standard for thwarts “policies of mutual advantage” TV is approximately one-third the size judging the public interest in programing carried on in disregard of public interest. of W KY-TV ($1,599,633 compared to a transferee may be expected to serve on $4,071,510, respectively). Yet, in program the basis of its past performance. Assum­ F actual Analysis expense, KTVH-TV devotes 33 percent ing that a complete financial survey of 40. The transferor, Minneapolis Star ($525,782) of its revenue to this effort, Gaylord broadcast operations does not and Tribune Co., in giving its reasons for in comparison to only 26 percent significantly change the percentage of the transfer states, “* * * that the op­ ($1,060,250) for WKY-TV. Though program expense to revenue and income, eration of KTVH in the public interest W KY-TV expends more dollars than as compared to the present and historic would benefit from the infusion of sub­ KTVH-TV, it represents a smaller devo­ levels of such expense maintained in stantial additional capital and that the tion of resources to public service. KTVH-TV, it may be extremely difficult transferee is in a better position to ac­ 45. Nationally, the total broadcast in­ to ascertain how this proposed transfer complish this at the present time.”“ dustry currently budgets about 30 per­ can benefit or serve the public interest in Transferee’s vice president tells us the cent of its total revenue for “conven­ broadcasting. corporation “* * * can operate the tional programming.” 32 Judged by this 49. There is also evidence that this station in the public interest,” because standard, WKY-TV program expensqp transfer may financially impair KTVH- ft '* * * experience and record in are 4 percent (or $163,000) below the TV. Though KTVH-TV (CBS) is third, markets will be brought to bear national norm, and 7 percent (or behind the NBC and ABC affiliates in the in Wichita, and the applicant believes $285,000) beiow the level assumed by Wichita-Hutchinson market, the station tms will result in a benefit to the KTVH-TV for its own operation. In enjoys a healthy financial position. As of community.” 27 terms of size based on revenue, KTVH- November 30,1968, the licensee, Wichita- B11£M c °wles representatives give us no TV may be required to make propor­ Hutchinson Co., had total liabilities of sufficient reason why the public interest tionately greater expenditures. But in $576,011. These were more than ade­ will benefit by the “infusion of substan­ what sense, and under what circum­ quately covered by an excess net worth of tial additional capital” in KTVH-TV. stances, the parties do not bother to $1,297,474.83 But the transfer application Gaylord’s WKY Television System ex­ explain. before us suggests that these assets will plains that there is an interest in the sta- 46. For reasons not readily apparent, be jeopardized by Gaylord’s purchase of on acquiring color video equipment for there is considerable disparity between KTVH-TV. local program origination.28 But, this ex- these stations in their percentage of 50. The purchase price is $4.4 mil­ r)„^?atioP for needed capital seems in- profit compared to gross revenue. We are lion.34 To cover this sum, the First Na­ ufficient. KTVH-TV reports to potential not concerned with this difference as a tional Bank and Trust Co. of Oklahoma advertisers that it is in full possession of fact in itself, but only because it may City has agreed to lend, on a noncol­ °lor capacity.29 Furthermore, an equip- bear a substantial relationship to pro­ lateral basis, its legal limit of $3.6 million graming potential and achievements. The to Gaylord’s WKY Television System, pretax earnings of KTVH-TV stand at 26 FCC Pile No. BTC-5848, Part I, Section I, Inc.35 The transferee’s application gives P* «. 15 percent (or $232,341) of gross revenue 28 t?’’ Rar^ HI. Section I, p. 5. 33 BTC File, op. cit., Section I, Exhibit 3. C,par2 N°' BTC~5848' Section IV-B, Exhibit 30 BTC File, op. cit.. Section I, Exhibit 3. 34 Id., at Section I. Exhibit 2. 31 Id., at Section IV-B, Exhibit C, par. 1. 35 BTC File, op. cit., amended by letter of Tft« Sf=ot, TV Rates and Data, SRDS, Inc., 32 Subscription Television, 15 FCC 2d 466, Jan. 15,1969, pp. 18,191. Mr. Charles A. Vose, chairman, First National 497 (1968). Bank & Trust Co., dated Feb. 28, 1969.

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 14146 NOTICES no information as to the source of pay­ 55. We find with respect to certain plus can be converted to earnings prop­ ment for the adjusted contract price bal­ trust indentures affecting the Oklahoma erly excluded from the principal owner’s ance. Presumably, cash and receivables Publishing Co., WKY Television System, personal income where taxes are re­ ($3,833,899) of WKY Television System, Inc., apparently has been in default of garded as prohibitive. The trust device, Inc., are sufficient (and will be used) for compliance with § 1.613 of Commission under certain circumstances, permits the purpose. A direct cash, capital invest­ rules for a number of years. We shall, of this alternative means of capital and in­ ment from this source, perhaps, can be course, designate a hearing issue to de­ come accretion. At the point where made without serious risk to the corpora­ termine the circumstances surrounding sound judgment would normally require tion’s working capital position.*6 - this apparent omission. Our concern in the devotion of more income to business 51. On the other hand, the loan with this regard was prompted by the dis­ purposes, the trust provides a way out. which Gaylord proposes to burden WKY closure that Commission records until It potentially eliminates the either/or Television System, Inc., sits oppressively recently could not identify the bene­ alternative of more tax or business ef­ upon the corporation’s capital structure. ficiaries in whose favor substantially all fort, and recaptures the possibility of It is repayable at the rate of $200,000 per assets of the Oklahoma Publishing Co. enlarging personal estates with invest­ month, exclusive of interest which was and WKY Television System are ments disassociated from occupational not specified by the bank letter of com­ administered. endeavor. Both our integration stand­ mitment.37 At this rate, the corporation’s 56. More significantly, however, is a ards and public interests in program di­ annual cash expenditures (in the first sense of the magnitude of these trust versity are then defeated. year after acquisition) are increased by arrangements. We wish to assess the 58. We seek to determine the signifi­ $2.4 million. In 1968, total net income impact of the trust arrangements affect­ cance of these trusts in terms of broad­ from all WKY Television System broad­ ing Cowles as well as Gaylord’s media casting policies established by Congress cast holdings was only $1,333,073.38 Con­ and this Commission. We emphasize that sequently, the KTVH-TV acquisition, on interests. It is apparent that they may not serve public interests in broadcast­ our inquiry is limited to those situations the financial basis proposed, converts the in which trust arrangements appear to corporation’s profit position into ap­ ing, that they may tend to depress the initiation and maintenance of sound dominate the corporate or capital struc­ proximately a $1.1 million deficit, as­ ture of broadcast enterprises. In another suming a constant revenue level. KTVH- communications policies promoting pro­ TV’s contribution of income to the gram diversity. It seems equally clear context, we have noted the dangers in­ System only alleviates the deficit by ap­ that where our policy of integration— herent in any ability to siphon program­ proximately $232,000, stated at its cur­ combining ownership and management-— ing from our free television system, rent income rate. KTVH-TV’s net worth is socially essential to broadcast station and the potential of certain types of is thus practically liquidated by Gay­ operations, a trust instrument bifurcates competition to work in derogation of an lord’s acquisition. ownership, and is in derogation of the “improved and more varied fare of pro­ 52. The capital structure of WKY integration standard. The interests of graming.” 38 We would be less than Television System, Inc., is also weakened. ownership then become matters solely realistic if we neglected to recognize the At the repayment rate schedule fixed by of commercial benefit, rather than competitive tug of trust devices on broad­ the Oklahoma City Bank (and ap­ owner-management involement in cast income which might otherwise be parently accepted by the Gaylords), $2.4 community affairs. A serious question channeled in service to the sources of million of the $3.6 million loan must be arises whether these arrangements place program diversity. stated as a current liability (payable public interests in broadcasting in thrall 59. It appears that the facts before within 1 year) on the financial state­ to the private concerns pf beneficiaries, us raise significant questions whether a ment of the WKY corporation. In this centered on swelling investment income grant of the transfer application will position, the relationship of net quick and capital growth. serve the public interest. The questions assets to liabilities is degraded from a 57. Companion to this danger may be are sufficiently substantial to justify set­ healthy 3 to 2 ratio to a 1 to 1 deficit ratio. the tendency of trust arrangements to ting the application for evidentiary Not only the capacity of income to gen­ encourage the siphoning of income from hearing. , erate internal expansion, but the solvency broadcast programing. Where, for tax 60. Accordingly, it is ordered, That of the corporation itself is brought into reasons, it becomes beneficially attrac­ pursuant to section 309(e) of the Com­ question under financial arrangements. tive and profitable to divert income from munications Act, the above-captioned On sound accounting and financial prin­ corporate endeavors to trust estates, transfer application is designated for ciples, both the loan and thie investment management decisions, except where hearing, at a time and place to be spec­ may enter the shaky realm of insubstan­ charitably motivated, are not likely to ified in a subsequent order, on the fol­ tial deals. elect increased programing. The induce­ lowing issues: 53. The proposal liquidates over $1 ment for preferring program expense (a) To determine whether a grant of million of net worth in the Wichita- over the enhancement of trust estates the application would result in an undue Hutchinson Co., and tends to dissipate will not be readily apparent where busi­ concentration of control of the media of slightly over $2 million in liquid assets ness income available to principal own­ mass communication regionally or in of the WKY Television System. The pub­ ers can be divided and distributed at the Wichita-Hutchinson area. lic benefit is difficult to see. The WKY reduced income tax rates among family (b) To determine the nature of the System is already burdened with losses and business relations. Without the licensee’s need for additional capital; in its UHF television operations. Conse­ whether licensee’s present owners can quently, the financial arrangements de­ availability of these devices, such in­ come, for countervailing tax reasons, supply that need; how such requirement signed for the KTVH-TV purchase necessitates approval of the proposed enlarge rather than lighten the magni­ might be frozen into business enter­ prise objectives more highly conducive transfer, and the extent to which the tude of that concern. transferee’s plan fulfills that need. 54. With these considerations, it is to programing efforts. There is a level difficult to determine how Gaylord’s at which consideration of one’s personal (c) To determine which of the appli” ownership of KTVH-TV will result in a income tax bracket will discourage re­ cants can be expected better to serve benefit to the Wichita-Hutchinson com­ ceipt of more earnings, whether classi­ the community and programing needs of munity. WKY Television System says the fied as dividends or otherwise. At what­ the Wichita-Hutchinson area on the public interest benefit results from its ever point that level is reached in a basis'of a comparison of their— past experience and record in other taxpayer’s judgment, business revenue (i) Past broadcast records; 30 markets. Nothing, however, is related surplus will tend to be directed toward concerning this feature. deductible and depreciable expenditures. 89 Subscription Television, 15 FCC 2d 466, This decision will follow from the neces­ 495 (1968). ______. ■ 88Id., at Section HI, Exhibit 3. sity to produce capital growth out of an 40 Transferor’s record at KTVH-TV, tttins" 87 Id., Vose letter. expanding business net worth—that is, feree’s record in the operation of its VH 88 Id., at Section III, Exhibit 3. the decision logically results, unless sur­ television stations.

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 NOTICES 14147'

also relating same to any na- missioner Wadsworth absent; separate state­ miss their complaints in Dockets 68-45 soncTi norms which may be adduced, the rea- ment of Commissioner Johnson filed as part and 68-46. PossiM differences shall also be adduced,, if of original document; Commissioner H. Rex Lee concurring in the result. Dated: September 3, 1969.

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 14148 NOTICES

By order of the Federal Maritime Commission for approval pursuant to 20573, within 20 days after publication Commission. section 15 of the Shipping Act, 1916, as of this notice in the F ederal R egister. T homas L is i, amended (39 Stat. 733, 75 Stat. 763, 46 A copy of any such statement should also Secretary. U.S.C. 814). be forwarded to the party filing the Interested parties may Inspect and ob­ agreement (as indicated hereinafter) |F.R. Doc. 69-10056; Plied, Sept. 5, 1969; and the comments should indicate that 8:46 a.m.} tain a copy of the agreement at the Washington office of the Federal Mari­ this has been done. time Commission, 1405 I Street NW., Notice of agreement filed by: NORTH ATLANTIC CONTINENTAL Room 1202; or may inspect agreements Mr. Edward D. Ransom, Lillick, Me Hose, FREIGHT CONFERENCE at the offices of the District Managers, Wheat, Adams & Charles, 311 California New York, N.Y., New Orleans, La., and Street, San Francisco, Calif. 94104. Notice of Agreement Filed San Francisco, Calif. Comments with Agreement No. 7765-5 amends the basic reference to an agreement including a Notice is hereby given that the follow­ agreement between Royal Mail Lines, request for hearing, if desired, may be Ltd., Holland-American Line and Fur­ ing agreement has been filed with the submitted to the Secretary, Federal Commission for approval pursuant to Maritime Commission, Washington, D.C. ness Withy & Co., Ltd., (1) to extend its section 15 of the Shipping Act, 1916, as 20573, within 20 days after publication geographic scope of operations to provide for transshipment via certain ports, and amended (39 Stat. 733, 75 Stat. 763, 46 of this notice in the F ederal R egister. U.S.C. 814). A copy of any such statement should to describe in greater detail the trades Interested parties may inspect and ob­ also be forwarded to the party filing the which it serves; (2) to change the trade tain a copy of the agreement at the agreement (as indicated hereinafter) name of the joint service from “North Washington office of the Federal Mari­ and the comments should indicate that Pacific Coast Services” to “North Pacific time Commission, 1405 I Street NW., this has been done. Coast Line”; (3) to affirm the eligibility Room 1202; or may inspect agreements Notice of agreement filed by: of the parties to maintain their individ­ at the offices of the District Managers, ual and/or joint membership in the Con­ New York, N.Y., New Orleans, La., and Mr. D. K. Conway, Chairman, North Atlantic ferences in which they participate in the Westbound Freight Conference, Atlantic San Francisco, Calif. Comments with Freight Secretaries Limited, Cunard Build­ trades covered by the subject agreement; reference to an agreement including a ing, Liverpool 3, England. (4) to provide that in any trades in which request for hearing, if desired, may be all the parties do not maintain confer­ submitted to the Secretary, Federal Agreement No. 5850-10 amends the ence memberships, the freight rates Maritime Commission, Washington, D.C. basic agreement in the following repects: charged by the parties and the terms and 20573, within 20 days after publication 1. To add to Clause (3) which provides conditions applicable thereto shall be of this notice in the F ederal R egister. for the establishment and maintenance uniform; (5) to provide that the net A copy of any such statement should of agreed rates, charges, and practices, earnings of the ships are to be divided also be forwarded to the party filing the for or in connection with the trans­ annually between the parties in equiva­ agreement (as indicated hereinafter) portation of cargo including cargo mov­ lent ratio to the number of voyages com­ and the comments should indicate that ing from a point or port, “selected base pleted in each year by the ships provided this has been done. ports.” by each party, and to change some of the Notice of agreement filed by: 2. Modifies Clause (4) to except trans­ deductions made in the gross earnings; Mr. Burton H. White, Burlingham, Under­ portation .in Eire from the general pro­ (6) to provide for termination of the wood, Wright, White & Lord, 25 Broadway, hibition against a member directly or agreement three years from the date of New York, N.Y. 10004. indirectly refunding or remitting rates approval, and (7) to provide for arbitra­ of freight and other charges collected tion of any differences arising between Agreement 9214-3, between the mem­ in accordance with the Conference tariff, the parties with respect to the agreement ber lines of the North Atlantic Con­ and to permit members to equalize ports or tariff filed pursuant thereto, tinental Freight Conference, amends in addition to absorbing shippers costs the self-policing provisions of that as provided in the said tariff in Great Dated: September 3,1969. Conference to establish an Enforce­ Britain, Northern Ireland, and Eire. By Order of the Federal Maritime ment Authority to police the Con­ Dated: September 3,1969. Commission. ference and to provide for review of T h o m a s L is t , the decisions of this neutral body by By order of the Federal Maritime Secretary. arbitrators upon the request of an ac­ Commission. [FR . Doc. 69-10659; Filed, Sept. 5, 1969; cused member. The new provisions spell T homas L is i, . 8:46 a.m.} out the qualifications, duties and au­ S e c r e ta r y . thority of the neutral body, the rights [F.R. Doc. 69-10658; Filed, Sept. 5, 1969; of the accused, the procedural require­ 8:46 aon.] TRANS-PACIFIC FREIGHT ments for handling of complaints, the hearing of such complaints, and arbitra­ CONFERENCE CJAPAN) tion of decisions of the neutral body. Pro­ ROYAL MAIL LINES, LTD., ET AL. Notice of Agreement Filed vision is also made for the imposition of a maximum fine in the amount of Notice of Agreement Filed Notice is hereby given that the follow­ $5,000 for any single violation by either Notice is hereby given that the follow­ ing agreement has been filed with the the neutral body or the arbitrators. ing agreement has been filed with the Commission for approval pursuant to section 15 of the Shipping Act, 1916, as Dated: September 3,1969. ! Commission for approval pursuant to section 15 of the Shipping Act, 1916, as amended (39 Stat. 733, 75 Stat. 763, 46 By order of the Federal Maritime amended (39 Stat. 733, 75 Stat. 763, 46 U.S.C. 814). Commission, U.S.C. 814). Interested parties may inspect and ob­ T homas L is i, Interested parties may inspect and ob­ tain a copy of the agreement at the Secretary. tain a copy of the agreement at the Washington office of the Federal Mari­ [F.R. Doe. 69-10657; Filed, Sept. 5, 1969; Washington office of the Federal Mari­ time Commission, 1405 I Street NW., 8:46 a.m.] time Commission, 1405 I Street NW., Room 1202; or may inspect agreements Room 1202; or may inspect agreements at the offices of the District Managers, at the offices of the District Managers, New York, N.Y., New Orleans, La., a**“ NORTH ATLANTIC WESTBOUND New York, N.Y., New Orleans, La., and San Francisco, Calif. Comments with ref­ FREIGHT CONFERENCE San Francisco, Calif. Comments with erence to an agreement including a re­ quest for hearing, if desired, may be sub­ Notice of Agreement Filed reference to an agreement including a request for hearing, if desired, may be mitted to tiie Secretary, Federal Mari­ Notice is hereby given that the follow­ submitted to the Secretary, Federal Mari­ time Commission, Washington, D.C- ing agreement has been filed with the time Commission, Washington, D.C. 20573, within 20 days after publication or

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 NOTICES 14149

this notice in the F ederal R egister. A a currently effective rate schedule for the the Secretary of the Commission its copy of any such statement should also sale of natural gas under Commission agreement and undertaking to comply be forwarded to the party filing the jurisdiction, as set forth in Appendix A agreement (as indicated hereinafter) and with the refunding and reporting pro­ the comments should indicate that this hereof. cedure required by the Natural Gas Act has been done. The proposed changed rate and charge and § 154.102 of the regulations there­ Notice of agreement filed by: * may be unjust, Unreasonable, unduly dis­ under, accompanied by a certificate Mr. D. P. Gillette, Chairman, Trans-Pacific criminatory, or preferential, or otherwise showing service of a copy thereof upon Freight Conference (Japan), Second Floor, unlawful. Sumitomo Seimei Yaesu Building, 3, 4- the purchaser under the rate schedule Ohome Yaesu, Ohuo-ku, Tokyo 104, Japan. The Commission finds: It is in the pub­ involved. Unless Respondent is advised Agreement No. 150-42 would modify lic interest and consistent with the Nat­ to the contrary within 15 days after the the basic agreement of the Trans-Pacific ural Gas Act that the Commission enter filing of its agreement and undertaking Freight Conference (Japan) by amend­ upon a hearing regarding the lawful­ such agreement and undertaking shall ing Article 25, Neutral Body. The pro­ ness of the proposed change, and that be deemed to have been accepted.1 posed amendment would double the max­ the supplement herein be suspended and (C) Until otherwise ordered by thè imum fines assessable for second, third, its use be deferred as ordered below. fourth and “subsequent breaches” of the Commission, neither the suspended sup­ terms of the Conference’s agreement by The Commission orders: plement, nor the rate schedule sought to any of its member lines. (A) Under the Natural Gas Act, par­ be altered, shall be changed until dis­ Dated: September 3,1969. ticularly sections 4 and 15, the regula­ position of this proceeding or expiration tions pertaining thereto (18 CFR Ch. I ) , of the suspension period. By order of the Federal Maritime Com­ mission. and the Commission’s rules of practice (D) Notices of intervention or peti-' T homas L isi, and procedure, a public hearing shall be tions to intervene may be filed with the Secretary. held concerning the lawfulness of the Federal Power Commission, Washington, [F.R. Doc. 69-10660; Filed, Sept. 5, 1969; proposed change. D.C. 20426, in accordance with the rules 8:46 a.m.] (B) Pending hearing and decision of practice and procedure (18 CFR 1.8 thereon, the rate supplement herein is and 1.37(f)) on or before October 15, FEDERAL POWER COMMISSION suspended and its use deferred until date 1969. [Docket No. RI70-150] shown in the “Date Suspended Until” By the Commission. column, and thereafter until made effec­ [seal] Gordon M. Grant, AZTEC OIL AND GAS CO. ET AL. tive as prescribed by the Natural Gas Secretary. Order Providing for Hearing on and Act: Provided, however, That the supple­ Suspension of Proposed Change in ment to the rate schedule filed by Re­ 1 If an acceptable general undertaking as Rate, and Allowing Rate Change spondent shall become effective subject provided in Order No. 377, has previously been filed by a producer, then it will not be To Become Effective Subject to to refund on the date and in the manner necessary for that producer to file an agree­ Refund herein prescribed if within 20 days from ment and undertaking as provided herein. August 28, 1969. the date of the issuance of this order In such circumstances the producer’s pro­ Respondent shall execute and file under posed increased rate will become effective as Respondent named herein has filed a of the expiration of the suspension period proposed change in rate and charge of its above-designated docket number with without any further action by the producer. Appendix A

Cents per Mcf Rate in tv , , _ jcvnro o u y * _ , Amount Date Effective Date ------—■ effect sub* Docket Respondent sched- pie- Purchaser and producing area of filing date sus- Rate Proposed ject to re- No. ule ment annual tendered unless pended in increased fund in No. No. increase suspended until- effect rate dockets

RI76-150-. Aztec Oil & Gas Oo. 4 230 E l Paso Natural Gas Oo. (Aztec $40 7-24-09 >9-1-69 (Operator) et al., 2000 Pictured Cliffs Field, San Juan 4 9-2-69 13.0 « « 13.0551 First National Bank County, N. Mex.) (San Juan Bldg., Dallas, Tex. 75202. Basin Area).

i E?rta*ns to acreage added by Supplements Nos. 26,26, and 27. 6 Tax reimbursement increase. i ne stated effective date is the effective date requested by Respondent. • Pressure base is 14.65 p.s.i.a. 1 he suspension period is limited to 1 day.

^ Aztec Oil and Gas Co. (Operator) et al [Docket No. RI70—146 etc.] (Aztec) proposes an increased rate reflectini The proposed changed rates and rax reimbursement for sales of gas to El Pasi CHAMPLIN PETROLEUM CO. ET AL. charges may be unjust, unreasonable, Natural Gas Co. from acreage recently dedi unduly discriminatory, or preferential, cated to a contract covering sales of gas ii Order Providing for Hearings on and or otherwise unlawful. the San Juan Basin Area of New Mexico. Thi Suspension of Proposed Changes in The Commission finds: It is in the pub­ Proposed increase will bring the price of th lic interest and consistent with the Nat­ gas, from the new acreage in line with th Rates 1 price of the other gas soldi under the rat ural Gas Act that the Commission enter August 27, 1969. upon hearings regarding the lawfulness schedule involved. Consistent with prio The Respondents named herein have Commission action on tax reimbursemen of the proposed changes* and that the increases in the San Juan Basin Area whicl filed proposed increased rates and supplements herein be suspended and exceed the 13 cents per Mcf ceiling only by charges of currently effective rate sched­ their use be deferred as ordered below. he amount of the tax reimbursement, ules for sales of natural gas under Com­ The Commission orders: Aztec’s proposed rate increase is suspended mission jurisdiction, as set forth in Ap­ (A) Under the Natural Gas Act, par­ r°r 1 day from September 1, 1969, the pendix A hereof. ticularly sections 4 and 15, the regula­ proposed effective date. tions pertaining thereto (18 CFR Ch. I ) , [F-R. Doc. 69-10561; Filed, Sept. 5, 1969; 1Does not consolidate for hearing or dis­ and the Commission’s rules of practice 8:45 a.m.] pose of the several matters herein. and procedure, public hearings shall be

No. 171------5 FEDERAL REGISTER, VOL. 34, NO. 171 — SATURDAY, SEPTEMBER 6, 1969 14150 NOTICES held concerning the lawfulness of the (C> Until otherwise ordered by the Federal Power Commission, Washington, proposed changes, Commission, neither the suspended sup­ D.C. 20426, in accordance with the rules (B) Pending hearings and decisionsplements, nor the rate schedules sought of practice and procedure (18 CFR 1.8 thereon, the rate supplements herein are to be altered, shall be changed, until dis­ and 1.37(f)) on or before October 15, suspended and their use deferred until position of these proceedings or expira­ 1969. date shown in the “Date Suspended Un­ By the Commission. til” column and thereafter until made tion of the suspension period. effective as prescribed by the Natural Gas (D) Notices of intervention or peti­ [s e a l ] G ordon M. G ran t, Act. tions to intervene may be filed with the Secretary. APTXNttix A

Rate Sup­ Date Cents per Mcf Rate in ef- sched­ ple­ Amount Date Effective sus­ Docket Respondent ule ment Purchaser and producing areaof annual filing date unless pended Rate in Proposed in­ to refund - No. •' No. No. . increase tendered suspended until-- effect creased rate in dockets Nos.

RI70-146... Champlin Petroleum Co., 87 6 Transwestern Pipeline Co. (Cutter- $4,225 7-30-69 *9-1-69 2-1-70 * 19. 5 »**26.0 RI66-52. Post Office Box 9365, ■ Irvin Unit, Ochiltree County, Fort Worth, Tex. 76107. Tex.) (RR. District No. 10). RI70-147... Ashland Oil & Refining 154 11 Transwestern Pipeline Co. (North - 750 8- 8-69 3 9-8-69 2-8-70 * »19. 5 »**«26.0175 RI66-284. Co.. Post Office Box east Catesby Field. Ellis County 18695, Oklahoma City, and Greenwood Field, Beaver Okla. 73118. 154 12 County, Okla.) (Panhandle Area). 1,895 8- 8-69 »9-8-69 >8-70 * » 1 0 0 » * » • 26.0175 RI67-286.

3 The stated effective date is the effective date proposed by Respondent. • Includes 0.0175 cent tax reimbursement. 1 Periodic rate increase. ■ : » Applicable to Ellis County production. 4 Pressure base is 14.65 p.s.i.a. * Applicable to Beaver County production (acreage added by Supplement No. 9). * Subject to a' downward B.t.u. adjustment. Champlin Petroleum Co. (Champlin) and Ashland Oil & Refining Co.’s (Ashland) pro­ [Docket No. RI70-151 etc.] posed periodic rate increases exceed the 11 cents per Mcf area increased rate ceilings HOUSTON ROYALTY CO. ET AL. for Texas Railroad District No. 10 and the Order Accepting Contract Amendments, Providing for Hearings on and Panhandle Area as announced in the Com­ Suspension of Proposed Changes in Rates 1 mission’s statement of general policy No. 61-1, as amended (18 CFR 2.56) and should August 28, 1969. be suspended for 5 months from Septem­ The above-named Respondents have tendered for filing proposed changes in ber 1, 1970 (Champlin) and September 8, presently effective rate schedules for sales of natural gas subject to the jurisdiction 1970 (Ashland), the proposed effective dates. of the Commission. The proposed changes, which constitute increased rates and charges, are designated as follows: [F.R. Doc. 69-10562; Filed, Sept. 5, 1969; 8:45 a n .] «Does not consolidate for hearing or dispose of the several matters herein.

Cents per Mcf Rate in Docket Rate Sup- Amount Date Effective Date ------—- effect sub- No. Respondent sclied- pie- Purchaser and producing area olannnal filing date suspended Rate in Proposed in- ject tore- ule ment increase tendered unless until— effect creased rate fund in No. No. suspended docket Nos.

RI70-151. . Houston Royalty Co. 2 3 15 United Gas Pipe Line Co. (South -8- 6-69 19 - 6-69 (Accepted).. (Operator) et a!., 242 2 16 Weesatehe Field, Goliad County, $1,848 8-6-69 »9- 6-69 2- 6-70 13.1664 «*«18.3 The Mam Bldg., 1212 Tex.) (RR. District No. 2). Main St., Houston, Tex. 77002. RI70-I52.. Houston Royalty Co__ _ 7 3 21 United Gas Pipe Line Co. (Cabeza . 8- 6-69 »9- 6-69 (Accepted).. 7 22 Creek Area, Goliad County, Tex.) 975 8- 6-69 »9- 6-69 2- 6-70 13.1664 **• 18.3 (RR. District No. 2)...... do...... 8 *7 United Gas Pipe Line Co. (Poehler . 8- 6-69 *9- 6-69 8 8 Field, Cabeza Creek Area, Goliad 28,543 Sr- 6-69 * 9- 6-69 2- 6-70 13.1664 **«I&3 County, Tex.) (RR. District No. 2). RI7Û-153.. Lario Oil & Gas Co., 19 3 E l Paso Natural Gas Co. (Sand 6,785 8- 4-69 » 9- 4-69 > 4-70 »16.0 *»17.5 301 South Market St., Hills-Judkins Field, .Crane Wichita, Kans. 67202. County, Tex.) (RR. District No. 8) (Permian Basin Area). .-..-do—— ...... 21 ‘«10 Kansas-Nebraska Natural Gas Co., . 8- 8-69 » 11- 1-69 (Accepted). 21 11 Inc., and Northern Utilities, Ine. 9, 753 8- 8-69 » 11- 1-69 4- 1-70 15.0 * » 16.0 (Waltman Field, Natrona County, Wyo.). R170-154-. Shell Oil Co., 50 West 16 12 E l Paso Natural Gas Co. (Monahans 7,152 7-30-69 »8-30-69 1-30-70 16. 7228 • » 17.7363 RI6M31. 60th St., New York, Field, Ward and Winkler Coun­ N.Y. 10020. ties, Tex.) (RR. District No. 8) (Permian Basin Area). BI70-155. . Pioneer Production 12 S Natural Gas Pipeline Co of 72,047 8-4-69 » 9- 4-69 2- 4-70 «17.0 »•»19.5 Corp., Post Office America Northwest (Chester Box 2542, Amarillo, Field, Woodward County, Okla.) Tex. (Panhandle Area). 900 6- 1-69 » 9- 1-69 2- 1-70 *17.0 *«»18.0 RI68-100». BI70-156- . Sun Oil Co., Post Offiee 156 3 Cities Service Gas Go. (Northwest Box 3383, Tulsa, Lovedale Field, Harper County, Okla. 74101. Okla.) (Panhandle Area). RI70-157-. Herman George Kaiser, 11 K 4 Northern Natural Gas Co. (Hugo- 8- 6-69 >9- 6-69 (Accepted) 909 Palace Bldg., 11 5 ton Field, Finney County, Kans.}. 54 8- 6-69 *9- 6-69 > 6-70 «12.0 ***13.0 Tulsa, Okla. RI70-158- . Oklahoma Natural Gas 9 5 Panhandle Eastern Pipe Line Co., 764 8- 11-69 *10- 1-69 3- >70 17.01 *»18.01 R168-22. Co., Post Office Box (Forgan Field, Beaver County, 871 Tulsa, Okla. Okla.) (Panhandle Area). 74102. RI70-159. . Mobil Oil Corp., Post 408 1 Cities Service Gas Co, (Northwest 332 8- 8-69 *9- 8-69 > S-70 •«*17.0 i eut» 18.0 Office Box 1774, Quinlan Field, Woodward County, Houston, Tex. 77001. Okla.) (Panhandle Area.) RI70-160- . J. M. Huber Corp., 54 2 Cities Service Gas Go. (Northwest 466 S r 11-69 »9- 11-69 2- 11-70 * 17.0 **»18.0 RI65-93. 2300 West Loop, Lovedale Field, Harper County, Houston, Tex. 77027. Okla.) (Panhandle Arm). RÏ70-I61- . Ashland Oil & Refining 132 9 Kansas Nebraska Natural Gas Co., 60 8 - 11-69 * 10- 1-69 3- 1-70 • 18.41 »«»18.61 RI69-64. Co., Post Office Box Inc. (Grand Valley (Camrick) 18695, Oklahoma Field, Texas County, Okla) (Pan­ City, Okla. 73118. handle Area).

See footnotes at end of table. FEDERAL REGISTER, VOL. 34, NO. 171—-SATURDAY, SEPTEMBER 6, 1969 notices 14151

Cents per Mcf Rate in Docket Rate Sup­ Amount Date Effective Date No. Respondent sched­ ple­ Purchaser and producing area of annual filing date suspended Rate in Proposed in­ jeot to re­ ule ment increase tendered unless until— effect creased rate fund in No. No. suspended docket Nos.

RI70-162-. Ashland Oil & Refin­ ' 182 M3 Northern Natural Gas Oo. (South­ $1,257 8-11-69 »9-11-69 2-11-70 » 19.533 « » » 20.697 ing Oo. (Operator) west Fort Supply Field, Wood­ et al., Post Office Box ward County, Okla.) (Panhandle 18695, Oklahoma Area). City, Okla. 73118.

s Amendment dated June 18,1969, provides, among other things, for a renegotiated w Assignment dated Mar. 29, 1968. Kansas-Nebraska assigns Northern Utilities rate of 18.3 cents for the 5-year period commencing June 19, 1969 with 1-cent increases Inc., a 50-percent interest as buyer of gas from leases designated as Group “B” under every 5 years thereafter, deletes redetermination provisions, provides for downward ratification agreement (Supplement No. 9). B.t.u. adjustment and seller’s right to collect any higher applicable just and reason­ 11 Periodic rate increase. able rate established by the Commission. 12 Amendment dated June 23, 1969, provides for 13 cents per Mcf from July 1,1966 8 The stated effective date is the effective date requested by Respondent. to June 30,1971, and a downward B.t.u. adjustment shall not operate to reduce the 4 Renegotiated rate increase. price below 11 cents per Mcf. 5 Pressure base is 14.65 p.s.l.a. >• Includes 1-cent charge paid by buyer to seller for gathering and dehydrating gas. •Subject to a downward B.t.u. adjustment. 14 Applicable only to acreage added by Supplement No. 2. 1 The stated effective date is the first day after expiration of the statutory notice. u Includes base rate of 17 cents plus 2.533 cents upward B.t.u. adjustment (1,149 • “Fractured” rate increase. Respondent contractually due a rate of 19 cents on B.t.u. gas) before increase and base rate of 18 cents plus 2.682 cents upward B.t.u. Aug. 1,1969. _ adjustment plus 0.015-cent tax reimbursement after increase. Base rate subject to • Initial rate. upward and downward B.t.u. adjustment. Shell Oil Co. (Shell) requests that its The proposed changed rates and sought to be altered thereby, shall be proposed rate increase be permitted to charges may be unjust, unreasonable, changed until these proceedings have become effective on August 18,1969. Lario unduly discriminatory, or preferential, been disposed of or until the periods of Oil and Gas Co. (Lario) requests waiver or otherwise unlawful. suspension have expired, unless other­ of the statutory notice to permit an ef­ The Commission finds: wise ordered by the Commission. fective date of August 1, 1969, for Sup­ (1) Good cause has been shown for (E) Notices of intervention or peti­ plement No. 3 to its FPC Gas Rate accepting for filing Houston, Lario, and tions to intervene may be filed with the Schedule No. 19. Good cause has not been Kaiser’s contract amendments, as set Federal Power Commission, Washing­ shown for waiving the 30-day notice re­ forth above, and for permitting such ton, D.C. 20426, in accordance with the quirement provided in section 4(d) of the supplements to become effective on the rules of practice and procedure (18 CFR Natural Gas Act to permit earlier effec­ dates indicated in the “Effective Date” 1.8 and 1.37(f)) on or before October 15, tive dates for Shell and Lario's rate fil­ column listed above. 1969. ings and such requests are denied. (2) It is necessary and proper in the Concurrently with the filing of their public interest and to aid in the enforce­ By the Commission. rate increases, Houston Royalty Co. ment of the provisions of the Natural Gas [seal! G ordon M. Grant, (Operator) et al. (Houston) submitted Act that the Commission enter upon Secretary. a contract amendment dated June 18, hearings concerning the lawfulness of the [F.R. Doc. 69-10563; Filed, Sept. 5, 1969; 1969;18 Houston Royalty Co. (also re­ proposed changes, and that the above- 8:45 a.m.] ferred to herein as Houston) submitted designated supplements be suspended two amendments dated June 18, 1969;1T and the use thereof deferred as herein­ Lario submitted an assignment dated after ordered (except the supplements [Docket No. RI70-24] March 29, 196918 and Herman George referred to in paragraph (1) above). SHELL OIL CO. Kaiser (Kaiser) submitted an amend­ The Commission orders: ment dated June 23, 196919 which pro­ (A) Supplement No. 15 to Houston’s Order Amending Order Providing for vide the bases for their proposed rate (as Operator et al.) PPC Gas Rate Hearings on and Suspension of Pro­ increases. We believe that it would be in Schedule No. 2; Supplements Nos. 21 and posed Changes in Rates To Permit the public interest to accept the afore­ 7 to Houston’s FPC, Gas Rate Schedules Substitute Rate Filings mentioned producers’ contract amend­ Nos. 7 and 8, respectively; Supplement ments to become effective on the dates No. 10 to Lario’s FPC Gas Rate Schedule August 28, 1969. shown in the “Effective Date” column No. 21, and Supplement No. 4 to Kaiser’s On June 19, 1969, Shell Oil Co. (Shell) listed above, but not the proposed rates FPC Gas Rate Schedule No. 11, are ac­ filed with the Commission two proposed contained therein which are suspended cepted for filing and permitted to be­ rate increases from 18.0224 cents to as hereinafter ordered. come effective on the dates indicated in 20.4857 cents and 18.5724 cents to All of the producers’ proposed in­ the “Effective Date” column listed above. 21.0957 cents per Mcf which pertain to creased rates and charges exceed the (B) Pursuant to the authority of the Shell’s jurisdictional sales of natural gas applicable area price levels for increased Natural Gas Act, particularly sections 4 to Transwestern Pipeline Co. in the Bell rates as set forth in the Commission’s and 15 thereof, the Commission’s rules of Lake Field, Lea County, N. Mex. (Per­ statement of general policy No. 61-1, as practice and procedure, and the regula­ mian Basin Area). The Commission by amended (18 CFR 2.56), with the excep­ tions under the Natural Gas Act (18 CFR order issued July 18, 1969, suspended for tion of the rate increases filed by the pro­ Ch. I ) , public hearings shall be held upon 5 months Shell’s rate filings, among ducers in the Permian Basin Area which dates to be fixed by notices from the others, in Docket No. RI70-24 until e*ceed the just and reasonable rates Secretary concerning the lawfulness of February 18, 1970, and thereafter until established by the Commission in Opin­ the proposed increased rates and charges made effective in the manner pre­ ion No. 468, as amended, and should contained in the above-designated sup­ scribed by the Natural Gas Act. ?e suspended for 5 months as ordered plements (except the supplements as set forth in paragraph (A) above). On July 18, 1969, Shell filed two herein. amended notices of change in rates to (C) Pending hearings and decisions correct the tax reimbursement calcula­ thereon, the above-designated rate sup­ tions of its previously filed rate increases 16 Designated as Supplement No. 15 to plements are hereby suspended and the Houston’s (as Operator et al.) FPC Gas Rate and requests that they be substituted for Schedule No. 2. use thereof deferred until the date indi­ the original increases which were sus­ 17 Designated as Supplements Nos. 21 and 7 cated in the “Date Suspended Until” pended for 5 months from September 18, , Houston’s FPC Gas Rate Schedules Nos. column, and thereafter until such 1969, in Docket No. RI70-24. ' and 8, respectively. further time as they are made effective Shell’s proposed 20.7585 cents and “ Designated as Supplement No. 10 to in the manner prescribed by the Natural 21.3685 cents per Mcf rates exceed the w PPC Gas Rate Schedule No. 21. Gas Act. just and reasonable area ceiling rates es­ Designated as Supplement No. 4 to (D) Neither the supplements hereby «•aiser’s FPC Gas Rate Schedule No. 1 1 . tablished by the Commission in its suspended, nor the rate schedules Opinion Nos. 468 and 468-A as did the

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 14152 NOTICES previously suspended rates in said The Commission orders: 24. The suspension period for such sub­ docket. Since Shell’s amended notices of (A) The suspension order issued stitute rate filing shall terminate con­ change in rates reflect corrections of tax July 18, 1969, in Docket No. RI70-24, is currently with the suspension period reimbursement calculations of previ­ amended only so far as to permit the (Feb. 18, 1970) of the original rate filing ously filed rate increases, we believe that 20.7585 cents and 21.3685 cents per Mcf in said docket. it would be in the public interest to ac­ rates contained in Supplement No. 1 to (B) In all other respects, the order cept Shell’s corrective rate filings subject Supplement Nos. 12 mid 13 to Shell’s issued by the Commission on July 18, to the suspension proceeding in Docket FPC Gas Rate Schedule No. 251 to be 1969, in Docket No. RI70-24, shall reffiain No. RI70-24, with the suspension period filed to supersede the 20.4857 cents and unchanged and in full force and effect. of such substitute rate filing to terminate 21.0957 cents rates provided by Supple­ By the Commission. concurrently with the suspension period ment Nos. 12 and 13 to the aforemen­ tioned rate schedule, subject to the sus­ [ seal] Gordon M. G rant, (Feb. 18, 1970) of the original filing in Secretary. said docket. pension proceeding in Docket No. R I70- Appendix A Cents per Mcf Rate in Effec­ effect Rate Sup­ Amount Date tive date Dätß - Purchaser Mid producing area of filing unless sus­ subject to Docket Respondent sched­ ple­ annual sus­ pended Rate Proposed refund in No. ule ment tendered in effect increased rate dockets No. No. increase pended until— Nos.

Transwestem Pipeline Co. (Bell *7,791 7-18-69 * 9-18-09 »2-18-70 >**18.0224 »***•20.7585 RI70-24.... Shell Oil Co., 50 West 251 4 to 12 *9-18-69 » 2-18-70 *» *18.5724 »**«»21.3685 50th St., New York, 251 n t o 13 Lake—Pennsylvanian and Dev- 772 7-18-69 onian Fields, Lea Count! r, N. N.Y. 10000. Mex.) (Permian Basin Area)

* For gas from the Devonian Formation. . . . * Rates inclusive of quality adjustments. . a The stated effective date is the effective date requested by Respondent. * Rate suspended in Docket No. RI69-710 until Sept. 17,1959. Respondent has * Periodic rate increase. filed motion to make rate effective on that date. * Pressure base is 14.65 p.s.i.a. _. _ * For gas from the Pennsylvanian Formation...... , , u . * Rate includes partial reimbursement for the fuff 2.55 percent New Mexico Emer­ * The mid of the suspension period for the previously filed rate in Docket No. gency School Tax. RI79-24. [P.R. Doc. 69-10564; Piled, Sept. 5, 1969; 8:46 a.m.J

[Docket No. RI70-14S etc.] The Commission orders: contrary within 15 days after the filing of (A) Under the Natural Gas Act, par­ their respective agreements and under­ SOHIO PETROLEUM CO. ET A L ticularly sections 4 and 15, the regula­ takings, such agreements and undertak­ ings shall be deemed to have been Order Providing for Hearing on and tions pertaining thereto (18 CFR Ch. I), and the Commission’s rules of practice 8tCC6pt6id * Suspension of Proposed Changes and procedure, public hearings shall be (C) Until otherwise ordered by the in Rates, and Allowing Rate held concerning the lawfulness of the Commission, neither the suspended sup­ Changes To Become Effective Sub­ proposed changes. plements, nor the rate schedules sought (B) Pending hearings and decisions to be altered, shall be changed until dis­ ject to Refund 1 position of these proceedings or expira­ August 27, 1969. thereon, the rate supplements herein are suspended and their use deferred until tion of the suspension period. The Respondents named herein have date shown in the “Date Suspended Un­ (D) Notices of intervention or peti­ filed proposed changes in rates and til” column, and thereafter until made tions to intervene may be filed with the charges of currently effective rate sched­ effective as prescribed by the Natural Gas Federal Power Commission, Washington, ules for sales of natural gas under Com­ Act: Provided, however, That the supple­ D.C. 20426, in accordance with the rules mission jurisdiction, as set forth In ments to the rate schedules filed by Re­ of practice and procedure <18 CFR 1.8 Appendix A hereof. spondents, as set forth herein, shall The proposed changed rates and and 1.37(f)) on or before October 15, become effective subject to refund on the 1969. charges may be unjust, unreasonable, un­ date and in the manner herein prescribed duly discriminatory, or preferential, or if within 20 days from the date of the By the Commission. otherwise unlawful. issuance of this order Respondents shall [ seal] Gordon M. G rant, The Commission finds: It Is in the each execute and file under its above- Secretary. public interest and consistait with the designated docket number with the Sec­ Natural Gas Act that the Commission retary of the Commission its agreement enter upon hearings regarding the law- and undertaking to comply with the 1 If an acceptable general undertaking, a« fullness of the proposed changes, and provided in Order No. 377, has previously refunding and reporting procedure re­ been filed by a producer, then it will not be that the supplements herein be suspend­ quired by the Natural Gas Act and ed and their use be deferred as ordered necessary for that producer to file an agree­ § 154.102 of the regulations thereunder, ment and undertaking as provided herein. below. accompanied by a certificate showing In such circumstances the producer’s pro­ service of copies thereof upon all pur­ posed Increased rate will become effective as 1 Does not consoiidate for hearing or dis­ chasers under the rate schedule involved. of the expiration of the suspension period pose of the several matters herein. Unless Respondents are advised to the without any further action by the producer. Appendix A ftfp------Effec­ Cents per Mcf Rate in Amount Date tive effect sub- Rate Sup­ Proposed ject to re­ Docket Respondent sched­ plé­ Purchaser and producing area of filing date sus­ Rate in fund in ule ment annual tendered unless pended effect increased No. increase sus­ until— rate dockets Ne. No. pended Nos. • T * * 14.0 RI70-148-.. Sohio Petroleum Co., 970 65 4 Phillips Petroleum Co.* (Fradean Pool, $576 7-31-69 * 8-31-69 •9- 1-69 »*13.0 First National Annex, Upton County, Tex.) (RR. District Oklahoma City, Okla. No. 7-C) (Permian Basin Area). 73102. « 7 8 « 14. o RI70-149... Shell Ofi Co., 50 West 50th 23» 6 ...... do * ...... 6,278 8-11-69 * 9-11-6» * 9-12-69 • *11.34 St., New York, N.Y. 10020.

8 For resale to E l Paso Natural Gas Co. under Phillips Petroleum Co. (Operator) • reram c rate increase. FPC Rate Schedule No. 9. . i Exclusive of pro rata share of any tax reimbursement received by rnimp».. I The stated effective date is the first day alter expiration of the statutory notice. • Subject to 0.5 cent per Mcf compression charge if buyer elects to compress wi s * The suspension period is limited to 1 day. to enable delivery of minimum volumes. FEDERAL REGISTER, VOL. 34, NO. I7 T — SATURDAY, SEPTEMBER 6, 1969 NOTICES 14153

Sohio Petroleum Co. (Sohio) and Shell (Sohio), and September 11, 1969 (Shell), fulness of the proposed changes, and Oil Co. (Shell) propose rate increases to the expiration dates of the statutory notice. 14 cents per Mcf, plus tax reimbursement, Sohio and Shell request waiver of the 30- th at the supplements herein be sus­ .for sales of gas to Phillips Petroleum Co. day notice requirement to permit an effective pended and their use be deferred as (Phillips) in the Permian Basin Area of date of August 1, 1969. Good cause has not ordered below. Texas. been shown for granting Sohio and Shell’s The Commission orders: Although the proposed rates are below the requests and such requests are denied. (A) Under th e Natural Gas Act, par­ applicable just and reasonable ceiling rates [FR . Doc. -69-10565; Filed, Sept. 5, 1969; ticularly sections 4 and 15, the regula­ of 14.5 cents per Mcf for Sohio and 17.5? tions pertaining thereto (18 CFR Ch. I ) , cents per Mcf for Shell, the related contracts 8:45 a.m.] with Phillips contain a provision which and the Commission’s rules of practice states that in the event Phillips’ resale rate to and procedure, public hearings shall be El Paso Natural Gas Co. (El Paso) is reduced [Docket No. RI70-144 etc/] held concerning the lawfulness Of the below 13.25 cents per Mcf by the Commis­ TEXAS GAS EXPLORATION CORP. proposed changes. sion, the rate of Sohio and Shell shall be ET AL. (B) .Pending hearings and decisions reduced by an equal amount and they will thereon, the rate supplements herein are be required to make refunds to Phillips from suspended and their use deferred until the date Phillips’ rate reduction was made Order Providing for Hearings an and effective. The contracts also state that be­ Suspension of Proposed Changes in date shown in the "Date Suspended ginning on August 1, 1969, the minimum Rates a Until” column, and thereafter until rate for -sales by Sohio and Shell will be 12 made effective as prescribed by the A ugust cents per Mcf. 26, 1969. -Natural Gas Act. Phillips gathers the gas and processes it The Respondents named herein have (C) Until otherwise ordered by the through Its Crane Plant in Crane County, hied proposed increased rates and Commission, neither the suspended Tex., and resells i t to JS1 Paso under Its FPC charges of currently effective rate sched­ supplements, nor the rate schedules Gas Bate Schedule No. 9. Phillips is cur­ ules for sales of natural gas under Com­ sought' to he altered, shah be changed rently cdllecting a rate of 14.8767 cents per mission Jurisdiction, as set forth in Mcf, inclusive of 0.1267 cent per Mcf tax until disposition of these proceedings or reimbursement, effective subject to refund Appendix A hereof. expiration of the suspension period. in Docket No. P I 08- 629. The quality state­ The proposed changed rates and (D) Notices of intervention or ¡peti­ ment filed by Phillips for its related rate charges may be unjust, unreasonable, tions to intervene may be filed with the schedule shows an applicable area ceiling unduly discriminatory, or preferential, Federal Power Commission, Washington, rate of 11.59 cents per Mcf. Phillips also filed or otherwise unlawful. D C . 20426, in accordance with the rules an increased rate of 15.8867 cents per Mcf, in­ The -Commission finds: Tt is in the of practice and procedure CIS CFR 1.8 clusive of 01357 cent per Mcf tax reimburse­ public interest and consistent with the ment, which is presently suspended in and 1.37 (f)) on or before September 24, Natural Gas -Act that the Commission 1969. Docket No. RI70—93. enter upon hearings regarding the law- In view off the contractual provision re­ By the Commission. ferred to above, we conclude that the rate increases proposed by Sohio and Shell should 1 Does not consolidate for hearing or dis­ I seal] G ordon M. G rant, be suspended for 1 day from August 81,1969 pose of the several matters herein. Secretary. Appendix A

Effec­ Cents per Mof Rate,‘in 'Rate ¡Sup­ Amount Date tive Docket Respondentsched­ ple- Purchaser and producing area of ¡filing sus­date Proposed jacttore- No. ule ment annudl tendered unless pended Rate in Increased fundiin No. No. increase sus­ ¡until— effect rate 'dockets pended Nos.

RI70-144... Texas Gas Exploration 20 27 United Gas Pipe liine Oo. (Block 773, 316,425 3- 7-69 0) ■»16.0 Corp. (Operator) et al., Mustang Island Area, Offshore Nu­ PostOfficeBox 52310, eces County) (Texas £ 1 . District Houston,'Tex. 77052, At­ No. 4). tention: James W. O’Keefe, Treasurer. RI70-145.. Gulf Oil Corp-, Post Office 394 5,950 3-17-69 m

1 The effective date is the first full billing period commencing,after issuance of per- ‘ .Contractually authorized Tate. Effluent certificate. a Pressure basete 14.65 p.s.i.a. * The proposed rate increase is suspended for 5 months 'from the date odf issuance « SUbject to a doiwnwardJi.tai. adjustment. >of,permanent certificate. Texas Gas Exploration Corp. ‘(Operator) to the contractually Authorized rate of 17 filing proposed Changes in Its FRC 'Gas et al., and Gulf Oil Corp. have filed motions cents per Mcf. The proposed 17-cent rates Tariff, Original Volumes Nos. 1 and 2.1 requesting th at the Commission issue perma­ exceed the applicable area ceiling lo r In­ nent certificates in Dockets Nos. CI88-'502 creased rates in Texas Railroad District No. 4 The proposed changes would result in an tfiü CI68-820, respectively, authorizing sales as announced in the Commissioii’s statement estimated increase in Jurisdictional reve­ W gas to United Gas "Pipe Titne Uo. ’from of general policy No. ffl—1, as amended, and nues of $12,306,491, based on volumes for Block 773 of the Mustang Island Area, Off- should be suspended lor 5 months from the the -12-month period ending March 31, shore Nueces Coutny, Tex. (Railroad Dis­ date of issuance of permanent certificates in J.9.69, as Adjusted. The dhanges are pro­ trict No. 4 ) ."This area is within the domain Dockets Nos. 0108-502 and 0168-620. posed to become effective August 3X, 1969. the State of Texas. Respondents ^received [F.R. Doc. 169—10506; Filed, 'Sept. 6, IF69; 'Consolidated .states that its rate filing "temporary certificates on December 15, 1967, 8:45 am .] in XKooket No. RP70-2 was required be­ providing, inter alia, -far conditioned initial rates of 16 cents -subject to ¡refund obliga­ cause of She incurrence of substantial in­ te®5 of all amounts collected in excess of creases in costs which were not included the higher -of the rate finally determined in [Docket No. RP 60-19, etc)] in its prior rate filing in Docket No. •the respective dockets or 14 cents. In their •CONSOLIDATED GAS SUPPLY tiORP. RP69-19. The increased costs cited by tentions Respondents have indicated a will- Consolidated Are attributed to wages, tegness 4» accept permanent certificates Order Providing for -Hearing, ¡Sus­ 'containing the same conditions as those im­ pending Proposed 'Revised Tariff posed in their temporaries. By separate order i Second Revised 'Sheet No. 8-B; Third Re­ ssued concurrently with the subject order, Sheets, and Consol (dating Proceed­ vised Sheets Nos. "6, U, T2-D, 113, 14, 16, 17, Permanent certificates for Respondents’ ings 19, 22, 24, 27, ¡35, and 36; and ’Fifth Revised Sheet No. 12 (to its NFC Gas Tariff, Original sales are being issued. August J29, .1969. Volume No. It; .and Second Revised Sheets Concurrently with the filing of their m o­ Consolidated -Gas Simply Corp. stCon- Nos. 871 and 272 tto Its FPC Gas Tariff, Origi­ tels, Respondents filed proposed increases solidated) on July 16, 1969, tendered for nal Volume No. 2.

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 / 14154 NOTICES salaries, materials, supplies, local taxes, ral Gas Act to consolidate the rate in­ vant procedural matters not herein pro­ purchased gas, and cost of capital. The crease application filed in Docket No. vided; and shall control this proceeding proposed rates include a claimed rate of RP70-2 with the application heretofore in accordance with the policies expressed return of 8.5 percent. filed in Docket No. RP69-19 for purposes in § 2.59 of the Commission’s rules of Consolidated states that $2,800,000 of of hearing and decision. practice and procedure. its proposed increase in Docket No. The Commission orders: By the Commission. RP70-2 results from the rate increase (A) Pursuant to the authority of the filed on June 27, 1969, by one of its Natural Gas Act, particularly sections 4 [ seal] Gordon M. Grant, suppliers, Texas Gas Transmission Corp., and 15 thereof, the Commission’s rules of Secretary. in Docket No. RP69-41. Consolidated re­ practice and procedure, and the regula­ [F.R. Doc. 69-10643; Filed, Sept. 5, 1969; quests that if its proposed rate changes tions under the Natural Gas Act (18 CFR 8:45 a.m.] are not permitted to become effective Ch. I), a public hearing shall be held until after the time that the rates pro­ commencing September 9, 1969, at posed by Texas Gas in Docket No. 10 a.m., e.d.s.t., in a hearing room of the RP69-41 might go into effect, that the Federal Power Commission, 441 G Street INTERSTATE COMMERCE Commission allow it to file substitute NW., Washington, D.C. 20426, concerning revised tariff sheets to track the Texas the lawfulness of the rates, charges, clas­ Gas increase from the date that increase sifications, and services contained in COMMISSION becomes effective. The 5-month suspen­ Consolidated’s FPC Gas Tariff, as pro­ FOURTH SECTION APPLICATION FOR sion of Consolidated’s rates hereinafter posed to be amended. RELIEF ordered expressly provides that such (B) Pending such hearing and deci­ action is not intended to preclude Con­ sion thereon, Consolidated’s proposed S eptember 2, 1969. solidated from filing for increased rates revised tariff sheets listed above are Protests to the granting of an applica­ to track the Texas Gas rate increase for hereby suspended and the use thereof is tion must be prepared in accordance the 19-day period during which Texas deferred until January 31, 1970, and un­ with Rule 1100.40 of the general rules Gas’ increase can be made effective til such further time as they are made of practice (49 CFR 1100.40) and filed while Consolidated’s increase is under effective in the manner prescribed by the within 15 days from the date of publica­ suspension. Natural Gas Act: Provided, however, tion of this notice in the F ederal Review of Consolidated’s rate filing in That the aforementioned 5-month sus­ R egister. Docket No. RP70-2 indicates that cer­ pension period shall not preclude Con­ L ong-and-S hort Haul tain issues are raised which require de­ solidated from proposing interim substi­ FSA No. 41732—Iron or steel articles velopment in evidentiary proceedings. tute revised tariff sheets if it deems it Questions raised in Docket No. RP70-2 to Harbor, La. Filed by Southwestern necessary to track the Texas Gas in­ Freight Bureau, agent (No. B-82), for with respect to cost of service, cost allo­ creased rates for the 19-day period cation, zoning, rate design, and cost of interested rail carriers. Rates on iron or between January 12, 1970, when Texas steel articles, as described in the appli­ capital are related to the same issues Gas’ rates proposed in Docket No. posed by Consolidated’s filing in Docket cation, in carloads, from points in Illi­ RP69-41 may become effective and Ja n ­ nois, Missouri, and Oklahoma, to Harbor, No. RP69-19. Consequently, hearing and uary 31, 1970, when Consolidated’s in­ decision with respect to the foregoing La. creased rates proposed in Docket No. Grounds for relief—Destination rate matters will be expedited by consolidat­ RP70-2 may become effective in the man­ ing the rate application in Docket No. relationship. ner prescribed by the Natural Gas Act. Tariff—Supplement 124 to South­ RP70-2 with the interrelated rate in­ (C) At the hearing on September 9, crease application heretofore filed in western Freight Bureau, agent, tariff 1969, Consolidated’s prepared testimony ICC 4753. Docket No. RP69-19. (Statement P) filed and served on The proposed increased rates and July 31,1969, together with its entire rate By the Commission. charges have not been shown to be justi­ filing as submitted and served on July 16, fied and may be unjust, unreasonable, [seal] Andrew Anthony, Jr., 1969, shall be admitted to the record as Acting Secretary. unduly discriminatory, or preferential, Consolidated’s complete case-in-chief as or otherwise unlawful. [F.R, Doc. 69-10661; Filed, Sept. 5, 1969; provided in the Commission’s regula­ 8:46 Some of the issues involved in Docket tions, § 154.63(e) (1), and Order No. 254, a.m.] No. RP70-2 may be susceptible of hear­ 28 FPC 495, 496, without prejudice to ing and decision within the 5-month motions by other parties to exclude or FOURTH SECTION APPLICATIONS FOR suspension period or shortly thereafter. strike this or other evidence. In order that the collection and refund­ RELIEF (D) Following admission of Consoli­ ing of any possible excess charges may S eptember 3, 1969. be avoided or limited, the Presiding dated’s complete case-in-chief, the par­ Examiner is authorized to determine ties shall present their views and the Protests to the granting of an applica­ which issues, if any, may be tried in an Presiding Examiner, in the exercise of tion must be prepared in accordance initial phase of the hearing. his discretion, shall determine whether with Rule 1100.40 of the general rules The Commission finds: there shall be an initial phase and, if so, of practice (49 CFR 1100.40) and filed (1) It is necessary and proper in the which issues shall be heard therein. If within 15 days from the date of publica­ public interest and to aid in the enforce­ he determines that there shall be an tion of this notice in the F ederal ment of the provisions of the Natural initial phase hearing, he shall fix dates R egister. for service of staff’s and interveners’ Gas Act that the Commission enter upon Long- and-S hort Haul a hearing concerning the lawfulness of evidence and Consolidated’s rebuttal evi­ dence on such issues; fix dates for wit­ FSA No. 41733—Potassium (potash) the rates and charges contained in Con­ from Norco, Saskatchewan, Canada. solidated’s PPC Gas Tariff, as proposed nesses to appear for adoption of their to be amended in Docket No. RP70-2, testimony and to stand cross-examina­ Filed by G. H. Mitchell, agent (No. 18). and that the proposed tariff sheets listed tion thereon; and proceed with such for interested rail carriers. Rates o ^ hearing as expeditiously as feasible. potassium (potash),, in carloads, as de­ above be suspended, and use thereof be scribed in the application, from Norco, deferred as herein provided. (E) The rate filing in Docket No. in (2) It is necessary and proper in the RP70-2 is consolidated with the rate ap­ Saskatchewan, Canada, to points public interest and to aid in the enforce­ plication in Dockets Nos. RP69-19, et al., Idaho, Oregon, and Washington. ment of the provisions of the Natural for purposes of hearing and decision. Grounds for relief—Rate relationsnp (F) Presiding Examiner Alvin A. and market competition. . ,. n Gas Act that the disposition of this pro­ Tariff—Canadian Freight Association, ceeding be expedited in accordance with Kurtz, or any other designated for that the procedures set forth below. purpose (see Delegation of Authority, 18 agent, tariff ICC 183. , (3) It is necessary and appropriate in CFR 3.5(d)), shall preside at the hearing FSA No. 41734—Iron or steel Vipej™ carrying out the provisions of the Natu­ in this proceeding; shall prescribe rele­ related articles from Preston, Tenn. Fii

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 NOTICES 14155

by Southwestern Freight Bureau, agent cluding Hawaii, for 180 days. Support­ No. MC 118158 (Sub-No. 2 TA), filed (No. B-A76), Tor interested rail carriers. ing shipper: Marine Product® & Equip­ August 21, 1869. Applicant: LOU’S Bates on iron or steel pipe and related m ent Co., Tnc., Post Office Box 346, S t. TRANSFER 8? STORAGE CO., INC., 19 articles, in carloads, as described in the Charies, HI. 60ÏT4 (Arnold Nergaard, East Camden Street, Baltimore, Md. application, from Preston, Tenn., tto spec­ president). Send protests to: District "21202. Applicant’s representative: ified points in Texas. Supervisor Lyle D. Heifer, Interstate Charles E. Creager, Suite 1609, Eldo­ Grounds for relief—Market competi­ Commerce Commission, Bureau of Op­ rado Towers, 11215 Oak Leaf Drive, Sil­ tion. erations, 135 West Wells Street, Room ver Spring, Md. 20901. Authority sought Tariff—Supplement 130 to Southwest­ 807, Milwaukee, Wis. 53203. to operate as a common currier; by motor ern Freight Bureau, agent, tariff ICC No. MC 76025 (Sub-No. 14 TA ), filed vehicle, over irregular routes, transport­ 4620. August 22,1969. Applicant: OVERLAND ing: Bananas, fflantarns, pineapples, and FSA No. 41735—•Petroleum and petro­ EXPRESS, INC., *651 First Street SW., coconuts and agricultural commodities leum products from Sinclair, Wyo. Filed New Brighton, Minn. 55112. Applicant’s otherwise exempt from economic regula­ by Western Trunk Line Committee, representative.: James F. Sexton (same tions under section 203(b ) C6) of the Act, agent (No. A-2599), for interested rail address as above). Authority sought to when transported in mixed shipments carriers. Rates on asphalt (asphaltum), operate as a contract carrier, iby motor with bananas, plantains, pineapples, and natural, byproduct or petroleum Mother vehicle, over irregular routes, transport­ coconuts, from Wilmington, Del., to than paint, stain, or varnish), petroleum ing: Meat, meat products, meat byprod­ points In Maryland, District of Columbia, road oil and petroleum wax tailings, in ucts, dairy products, and articles distrib­ New York, New Jersey, Pennsylvania, tank earloads, as described in the appli­ uted Try meat packinghouses, as described Virginia, West Virginia, Delaware, and cation, from Sinclair, Wyo., to points in in sections A, B, and C of appendix I to Ohio, for 150 days. Supporting shipper: western trunkline territory. ■theTeport in Descriptions in Motor Car­ West Indies Fruit Co., Post Office Box Grounds for relief—Modified short­ rier Certificates, 61 M.CC. 209 and 766 1940, Miami, Fla. 33101. Send protests to: line distance formula and grouping. («except commodities in bulk), and William L. Hughes, District Supervisor, By the Commission. canned and frozen foods, from St. Paul, Interstate Commerce Commission, Bu­ Minn.; EauClaire, Monroe, and Portage, reau of Operations, 1125 Federal Build­ [seal! Andrew Anthony, Jr., W is.; to Youngstown, Ohio, for 180 days. ing, Baltimore, Md. 21201. Acting Secretary. Supporting shipper: Armour fc Co., Chi­ No. MC 126373 (Sub-No. 2 TA ), filed [F.R. Doc. 69-10662; Filed, Sept 5, 1969; cago, HI. Send protests to : District Sup­ August 22, 1969. Applicant: JAM ES A. 8:46 a.m.] ervisor A. E. Rathert, Interstate Com­ BONHAM, doing business as BONHAM’S merce Commission, Bureau of Opera­ SPECIAL DELIVERY» 621 Virginia tions, 448 Federal Building and TJ.S. ¡[Notice 898] Street, West Charleston, W. Va. 25302. Courthouse, 110 South Fourth Street, Applicant’s representative: George P. MOTOR CARRIER TEMPORARY Minneapolis, Minn. 55401. Sovick, Jr., 1115 Virginia Street East, AUTHORITY APPLICATIONS > No. MC 101915 «(Sub-No. 4 TA ), filed Charleston, W. Va. 25301. Authority August 20, 1969. Applicant: MADDEN’S sought to operate as a common carrier, A ugust 29, 1969. TRANSFER •& STORAGE, INC., 128 % by motor vehicle, over irregular routes, The f ollowing are notices df filing of River Street, Saranac Lake, N.Y. 12983. transporting: General commodities (with applications for temporary authority Applicant’s representative: W. Norman the usual exceptions), restricted to under section 210a(a) of the Interstate Charles, 80 Bay Street, Glens Falls, N.Y. shipments having a prior or subsequent Commerce Act provided for 'under the 12801. Authority sought to operate as a movement by aircraft, between the Tri- new rules of Ex Parte No. MC-67 (49 contract carrier, by motor vehicle, over State Airport located in Wayne County CFR Part 1131), published in the F ed­ irregular routes, transporting: (1) near the city of Huntington, W. Va. on eral R egister, issue of April 27, 1965, Wooden spoons, forks, tongue depres­ the one hand, and, on the other, points effective July 1,1965. These rules provide sors, cocktail spears, coffee stirrers, ice in Kanawha, Raleigh, Fayette, Putnam, that protests to the granting of an appli­ cream sticks; and plastic spoons, knives, Nicholas, Greenbrier, Mason and Jack- cation must be filed wjth the field official and forks, from Tupper Lake, N.Y., to son Counties, W. Va., for 180 days. Note : named in the F ederal R egister publica­ Bayonne, N.J., and New York, N.Y.; (2) Applicant states it intends to tack this tion, within 15 calendar days after the wooden spoons, forks, tongue depressors, authority, if granted, with that pres­ date of notice of the filing of the applica­ cocktail spears, coffee stirrers, and ice ently held by it in Docket No. MC 126373 tion is published in the F ederal .Regis­ cream sticks, from Guilford, Skowegan, and Sub No. 1. Supporting shippers: Ma­ ter. One copy of such protests must be and Solon, Maine, to Tupper Lake, N.Y.; chinery, Inc., Post Office Box 2911, 2855 served on the applicant, or its authorized (3) plastic spoons, knives, and forks, Piedmont Road, Charleston, W. Va. representative, if any, and the protests from Leominster, Mass., to Tupper Lake, 25330; Cecil I. W alker Machinery Co., must certify that such service has been N.Y., for 180 days. Supporting shipper: Route 60 East, Post Office Box 2427, made. The protests must be specific as OW.D„ Inc., Tupper Lake, N.Y. 12986. Charleston, W. Va. -25329. Send protests to the service which such protestant can Send,protests to: Martin P. Monaghan, to: District Supervisor H. R. White, 3202 and will offer, and must consist of a Jr., District Supervisor, Interstate Com­ Federal Office Building, 500 Quarrier signed original and six copies. merce Commission, Bureau of Opera­ Street, Charleston, W. Va. 25301. A copy of the application is on file, and tions, 52 State Street, Room 5, Montpe­ No. MC 127952 (Sub-No. 13 TA ), filed can be examined at the Office of the lier, Vt. 05602. August 22, 1969. Applicant: BLACK­ Secretary, Interstate Commerce Com­ No. MC 107496 (Sub-No. 744 TA ), filed BURN TRUCK LINES, INC., 4998 Bran- mission, Washington, D.C., and also in August 26, 1969. Applicant: RUAN yon Street, South Gate, Calif. Applicant’s the field office to which protests are to TRANSPORT CORPORATION, Post representative: Warren N. Grossman, be transmitted. Office Box 855, Des Moines, Iowa 50304. 825 City National Bank Building, 606 Motor Carriers of P roperty Applicant’s représentative: H. L. Fabritz South Olive Streèt, Los Angeles, Calif. (same address as above). Authority 90014. Authority sought to operate as a No. MC 30837 (Sub-No. 380 TA), filed sought to operate as a common carrier, contract carrier, by motor vehicle, over August 25, 1969. Applicant: KENOSHA by motor vehicle, over irregular routes, irregular routes, transporting: (1) Metal AUTO TRANSPORT CORPORATION, transporting: Salt, in bulk, from Clinton, cans and can ends, from Los Angeles, »200 39th Avenue, Kenosha, Wis. 53140. Iowa, to Galesburg,-111., for 180 days. Calif., to Sparks, Nev., under continu­ Applicant’s representative: Albert P. Supporting shipper: Morton Salt Co., ing contract with Continental Can Co., fiarber (same address as above). Au­ 9575 West Higgins Road, Rosemont, 111. Inc., and American Can Co.; and (2) thority sought to operate as a common 60018. Send protests to: Ellis L. Annett, metal cans and can ends, from San carrier, by motor vehicle, over irregular District Supervisor, Interstate Commerce Francisco, Calif., to Sparks, Nev., under Routes, transporting: All terrain vehicles, Commission, Bureau of Operations, 677 continuing contract with American Can rom St. Charles, 111., 'to points in the Federal Building, Des Moines, Iowa Co., for 150 days. Supporting ship­ united States, including Alaska, but ex­ 50309. pers:. Continental Can Co., Inc., Russ

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 14156 NOTICES

Building, San Francisco, Calif. 94104; Tyler Avenue, Newport News, Va. Send for 180 days. Supporting shipper: In­ American Can Co., 101 Harrison Street, protests to: Archie W. Andrews, District dustrial Builders, Inc.» 2410 Fifth Avenue San Francisco, Calif. 94105. Send protests Supervisor, Interstate Commerce Com­ North, Post Office Box 406, Fargo, to; District Supervisor John E. Nance, mission, Bureau of Operations, Post Of­ N. Dak. 58102, W. B. Diederick, President. Interstate Commerce Commission, Bu­ fice Box 10885, Cameron Village Station, Send protests to: J. L. Hammond, Dis­ reau of Operations, Room 7708, Federal Raleigh, N.C. 27605. trict Supervisor, Interstate Commerce Commission, Bureau of Operations, Building, 300 North Los Angeles Street, By the Commission. Los Angeles, Calif. 90012. Room 369, Federal Building» Pierre, No. MC 128207 (Sub-No. 2 T A ), filed [ seal] Andrew Anthony, Jr., S. Dak. 57501. August 25, 1969. Applicant: JOHN W. Acting Secretary. No^ MC 61592 (Sub-No. 145 TA ), filed HOOGLAND AND JOANNE C. HOOG- [F.R. Doc. 69-10663; Filed, Sept. 5, 1969; August 26, 1969. Applicant: JENKINS LAND, a partnership, doing business as 8:46 a.m.] TRUCK LINE, INC., 3708 Elm Street, CITY EXPRESS, Box 305, Seward, Bettendorf, Iowa 52722. Applicant’s rep­ resentative : Attorney Smith, 900 Circle Alaska 99664. Applicant’s representative: [Notice 899] Roger A. McShea III, 1553 K Street, An­ Tower Building, Indianapolis, Ind. Au­ chorage, Alaska 99501. Authority sought MOTOR CARRIER TEMPORARY thority sought to operate as a common to operate as a common carrier, by motor AUTHORITY APPLICATIONS carrier, by motor vehicle, over irregular vehicle, over irregular routes, transport­ routes, transporting: Trailers, trailer ing: General commodities, between S eptember 2, 1969. chassis (except those designed to be points within a 10-mile radius of Seward, The following are notices of filing of drawn by passenger automobiles), and Alaska; and between Seward, Alaska, applications for temporary authority un­ trailer converter dollies, from Ft. Madi­ and points within 10 miles thereof, on der section 210a(a) of the Interstate son, Iowa, to points in the United States, the one hand, and, on the other, points Commerce Act provided for under the except Hawaii, for 180 days. Supporting within 100 airline miles, for 180 days. new rules of Ex Parte No. MC-67 (49 shipper: Fruehauf Corp., 10900 Harper Note : Authority obtained in ICC Docket CFR Part 1131), published in the F ed­ Avenue, Detroit, Mich. 48232. Send pro­ No. 128207 Sub 1 and interline primarily eral R egister, issue of April 27, 1965, tests to: Chas. C. Biggers, District Super­ at Anchorage, but request authority to effective July 1,1965. These rules provide visor, Interstate Commerce Commission, interline at Kenai, Seward, and Soldatna that protests to the granting of an ap­ Bureau of Operations, 332 Federal Build­ as well as at Anchorage. Supporting ship­ plication must be filed with the field ing, Davenport, Iowa 52801. pers: There are approximately 24 state­ official named in the F ederal R egister No. MC 105187 (Sub-No. 12 TA ), filed ments of support attached to the appli­ publication, within 15 calendar days August 25, 1969. Applicant: CHARLES cation, which may be examined here at after the date of notice of the filing of FARKAS, 101 Park Way, White Oak the Interstate Commerce Commission in the application is published in the F ed­ Borough, McKeesport, Pa. 15131. Appli­ Washington, D.C., or copies thereof eral R egister. One copy of such protests cant’s representative: William J. La- which may be examined at the field of­ must be served on the applicant, or its velle, 2310 Grant Building, Pittsburgh, fice named below. Send protests to: Dis­ authorized representative, if any, and Pa. 15219. Authority sought to operate trict Supervisor Chaffee, Interstate Com­ the protests must certify that such serv­ as a contract carrier, by motor vehicle, merce Commission, Bureau of Opera­ ice has been made. The protests must be over irregular routes, transporting: tions, Post Office Box 1532, Anchorage, specific as to the service which such Meats, meat products, meat byproducts, Alaska 99501. protestant can and will offer, and must and articles distributed by meat packing­ No. MC 133655 (Sub-No. 9 TA), filed consist of a signed original and six houses, as described in sections A and C August 25, 1969. Applicant: TRANS­ copies. of appendix I to the report in Descrip­ NATIONAL TRUCK, INC., Box 894, A copy of the application is on file, tions in Motor Carrier Certificates, 61 Hurst, Tex. 76053. Applicant’s repre­ and can be examined at the Office of M.C.C. 209 and 766 (except hides and sentative: Charles Singer, Suite 1625, 33 the Secretary, Interstate Commerce commodities in bulk), from McKeesport, North Dearborn Street, Chicago, 111. Commission, Washington, D.C., and also Pa., to points in Allegheny, Beaver, Fay­ 60602. Authority sought to operate as a in field office to which protests are to be ette, Greene, Washington, and West­ common carrier, by motor vehicle, over transmitted. moreland Counties, Pa., under a continu­ irregular routes, transporting: P ack­ M otor Carriers of P roperty ing contract or contracts with The E. aged and cartoned new furniture, mir­ Kahn’s Sons Co., 3241 Spring Grove Ave­ rors, and furniture parts, from Toccoa, No. MC 7550 (Sub-No. 13 TA), filed nue, Cincinnati, Ohio 45225, for 180 days. Ga., to points in Texas, Oklahoma, August 26, 1969. Applicant: WEBB Supporting shipper: The E. Kahn’s Sons Kansas, Colorado, and New Mexico, for TRUCKING INC., 4763 Clifton Road, Co., 3241 Spring Grove Avenue, Cincin­ 180 days. No te: Applicant intends to Marlow Heights, Md. 20031. Applicant’s nati, Ohio 45225. Send protests to: John tack the authority and interline with representative: Daniel B. Johnson, Per­ J. England, District Supervisor, Inter­ other carriers. Supporting shipper: petual Building, Washington, D.C. 20004. state Commerce Commission, Bureau of Western-Stickley Furniture Co., 3757 Authority sought to operate as a com ­ Operations, 2109 Federal Building, 1000 South Ashland Avenue, Chicago, 111. mon carrier, by motor vehicle, over ir­ Liberty Avenue, Pittsburgh, Pa. 15222. 60609. Send protests to: Billy R. Reid, regular routes, transporting: Malt bev­ No. MC 107012 (Sub-No. 98 TA) (Cor­ District Supervisor, Interstate Com­ erages, from Winston-Salem, N.C., to rection), filed July 24, 1969, published merce Commission, Bureau of Opera­ Arlington, Va., for 180 days. Supporting F ederal R egister, issue of August 23, tions, 9A27 Federal Building, 819 Taylor shipper: Spaulding Distributing Co., 1969, and republished as corrected this Street, Fort Worth, Tex. 76102. 3832 South Four Mile Run Drive, Ar­ issue. Applicant: NORTH AMERICAN No. MC 133974 TA, filed August 25, lington, Va. Send protests to: Robert D. VAN LINES, INC., Post Office Box 988, 1969. Applicant: REDMOND WELLS, Caldwell, District Supervisor, Interstate Fort Wayne, Ind. 46801. Applicant’s rep­ doing business as REDMOND WELLS Commerce Commission, Bureau of Op­ resentative: Martin A. Weissert (same MOBILE HOME MOVERS, U.S. High­ erations, 12th and Constitution Avenue address as above) . Authority sought to way 301 North, Route 4, Box 328A, Wil­ NW„ Room 2210, Washington, D.C. 20423. operate as a common carrier, by motor son, N.C. 27893. Applicant’s representa­ No. MC 22195 (Sub-No. 139 TA ), filed vehicle, over irregular routes, transport­ tive: David M. Connor, First Union Na­ August 25, 1969. Applicant: DAN ing: Household goods, as defined by the tional Bank Building, Wilson, N.C. DUGAN TRANSPORT COMPANY, Post Commission, between points in Hawaii, 27893. Authority sought to operate as a Office Box 946, Sioux Falls, S. Dak. 57101.- for 180 days. No te: Applicant intends common carrier, by motor vehicle, over Applicant’s representative: J. P. Everist to tack with Nos. MC 107012 aiTd M irregular routes, transporting: Prefab (same address as above). Authority 107012 Sub 30. The purpose of this re- sought to operate as a common carrier, module units, for permanent installation pubflcation is to correct the Sub number at destination, from Newport News, Va., by motor vehicle, over irregular routes, to points in North Carolina, for 180 days. transporting: Fly ash, in bulk, from assigned to this application» which was Supporting shipper: JoCor Corp., 95 Sidney, Mont., to points in North Dakota, inadvertently published as Sub-No. 8

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 NOTICES 14157

Supporting shipper: Martin A. Weissert, District Supervisor, Interstate Com­ The protests must be specific as to the Vice President—Law, North American merce Commission, Bureau of Opera­ service which such Protestant can and Van Lines, Inc., Post Office 988, Fort tions, 10-502 Federal Building, Rich­ will offer, and must consist of a signed Wayne, Ind. 46801. Send protests to: mond, Va. 23240. original and six copies. District Supervisor, J. H. Gray, Bureau No. MC 133982 TA, filed August 27, A copy of the application is on file, and of Operations, Room 204, 345 West 1969. Applicant: ALVIN P. MURPHY, can be examined at the Office of the Wayne Street, Fort Wayne, Ind. 46802. doing business as MURPHY PRODUCE, Secretary, Interstate Commerce Com­ No. MC 128878 (Sub-No. 15 TA ), filed Post Office Box 426, Miles City, Mont. mission, Washington, D.C., and also in August 27, 1969. Applicant: SERVICE 59301. Applicant’s representative: Alvin field office to which protests are to be TRUCK LINE, INC., 3400 Mansfield P. Murphy (same address as above). transmitted. Authority sought to operate as a com ­ Road, Post Office Box 3904. Authority Motor Carriers of P roperty sought to operate as a common carrier, mon carrier, by motor vehicle, over by motor vehicle, over irregular routes, irregular routes, transporting: Cheese, No. MC 31617 (Sub-No. 9 T A ), filed transporting: Sawdust, wood chips, and from Dickinson and Beach, N. Dak., to August 22,1969. Applicant: W. G. THAL- mod residual, from Shreveport, La., to Wellsville, Utah, for 180 days. Support­ MANN, doing business as JONES TRUCK Marshall, Tex., for 180 days. Supporting ing shipper: Valley Dairy Products, Inc., LINE, Route 6, Hopkinsville, Ky. 42240. shipper: E. L. Bruce Co., 8500 Line Ave­ Beach, N. Dak. 58621. Send protests to: Applicant’s representative: Harold Selig - nue, Shreveport, La. Send protests to: Paul J. Labane, District Supervisor, In­ man, Parkway Towers, Suite 1704, 404 W. R. Atkins, District Supervisor, Inter­ terstate Commerce Commission, Bureau James Robertson Parkway, Nashville, state Commerce Commission, Bureau of of Operations, 251 U.S. Post Office Build­ Tenn. 37219. Authority sought to oper­ Operations, T-4009 Federal Building, ing, Billings, Mont. 59101. ate as a common carrier, by motor ve­ 701 Loyola Avenue, New Orleans, La. Motor Carriers of P assengers hicle, over irregular routes, transporting: 70113. (1) Treated forest products, from the No. MC 129802 (Sub-No. 2 TA ), filed No. MC 133981 TA, filed August 27, plantsite of Koppers Co. at or near Guth­ August 21, 1969. Applicant: GAIL R. 1969. Applicant: ROSSMEYER & rie, Ky., to points in Kentucky, Alabama, KALDENBERG, doing business as ABC WEBER, INC., doing business as RARI­ Tennessee, Georgia, Pennsylvania, Mis­ CARTAGE, 2704 Wedgewood Road, Des TAN VALLEY BUS SERVICE, Post Of­ sissippi, Texas, Arkansas, Florida, Illi­ Moines, Iowa 50317. Applicant’s repre­ fice Box 312, Metuchen, N.J. 08840. nois, Ohio, North Carolina, Louisiana, sentative: William L. Fairbank, 610 Hub- Applicant’s representative: Robert E. South Carolina Indiana, Missouri, Vir­ bell Building, Des Moines, Iowa 50309. Goldstein, 8 West 49th Street, New York, ginia, and West Virginia; and (2) Authority sought to operate as a common N.Y. 10018. Authority sought to operate Treated and untreated forest products, carrier, by motor vehicle, over irregular as a contract carrier, by motor- vehicle, over irregular routes, transporting: P as­ from the plantsites of Koppers Co. at or routes, transporting: General commod­ near Montgomery, Ala.; Grenada, Miss.; ities (except those of unusual value, sengers, for the account of American Telephone & Telegraph Co., between Jackson, Miss.; Caddo Gap, Ark.; Car- classes A and B explosives, household bondale, 111.; Finney, Ohio; Sumiton, goods as defined by the Commission, Brooklyn, N.Y., and Richmond (Staten Island, N.Y.), on the one hand, and, on Ala.; to the plantsite of Koppers Co. at commodities in bulk, and those requir­ or near Guthrie, Ky., for 180 days. Sup­ ing special equipment), between Des the other, the plantsite of American Telephone & Telegraph Co. at Raritan porting shipper: Dwight L. Woosley, Moines, Iowa, and Promise City, Iowa, Plant Manager, Koppers Co., Inc., Post serving the intermediate points of Indi- River Center, Piscataway, N.J., for 150 days. Supporting shipper: American Office Box 8, Guthrie, Ky. 42234. Send anola and Corydon, from Des Moines protests to: Wayne L. Merilatt, District over U.S. Highway 65 to junction Iowa Telephone & Telegraph Co., 195 Broad­ way, New York, N.Y. 10007. Send pro­ Supervisor, Bureau of Operations, Inter­ Highway 2, thence over Iowa Highway state Commerce Commission, 426 Post 2 to Promise City, and return over the tests to: District Supervisor Robert S. H. Vance, Bureau of Operations, Interstate Office Building, Louisville, Ky. 40202. same route. Between Promise City, Iowa, No. MC 93980 (Sub-No. 49 TA) , filed and Leon, Iowa, serving the intermediate Commerce Commission, 970 Broad Street, Newark, N.J. August 27, 1969. Applicant: VANCE point of Corydon, Iowa, and serving Leon TRUCKING COMPANY, INCORPO­ for the purpose of joinder only, from By the Commission. RATED, Post Office Box 1119, Raleigh Promise City, Iowa, over Highway 2 to seal ndrew nthony Road, Henderson, N.C. 27536. Applicant’s Leon, and return over the same route, for [ ] A A , Jr., Acting Secretary. representative: Nathan P. Strause (same 180 days. No te: Applicant proposes to [F.R. Doc. 69-10664; Filed, Sept. 5, 1969; address as above). Authority sought to tack at Leon, Iowa, with authority in operate as a common carrier, by motor MC-129802 and interline at Des Moines, 8:46 a.m.] Iowa. Supporting shippers: Deflecta- vehicle, over irregular routes, transport­ ing: Wooden fences, including wooden Shield Corp., Corydon, Iowa 50060; Mc­ [Notice 900] Coy Manufacturing & Sales Co., 400 East gates and wooden fence materials, from Iowa, Indianola, Iowa 50125; Lockridge, MOTOR CARRIER TEMPORARY points in Gates County, N.C., to points in Connecticut, Massachusetts, and Inc., Promise City, Iowa 52583. Send AUTHORITY APPLICATIONS protests to: Ellis L. Annett, District Su­ Rhode Island, for 180 days. Supporting pervisor, Bureau of Operations, Inter­ S eptember 3, 1969. shipper: Atlantic Forest Products Co., state Commerce Commission, 677 Fed­ The following are notices of filing of 767 East Street, Walpole, Mass. 02081. eral Building; Des Moines, Iowa 50309. applications for temporary authority Send protests to: Mr. Archie W. Andrews, No. MC 133980 TA, filed August 27, under section 210a(a) of the Interstate District Supervisor, Bureau of Opera­ 1969. Applicant: J. FRANKLIN WIL­ Commerce Act provided for under the tions, Interstate Commerce Commission, KINS, doing business as J. F. WILKINS, new rules of Ex Parte No. MC-67 (49 Post Office Box 10885, Cameron Village Route l, Callao, Va. 22435. Authority CFR Part 340), published in the F ederal Station, Raleigh, N.C. sought to operate as a common carrier, R egister, issue of April 27, 1965, effec­ No. MC 111729 (Sub-No. 287 T A ), filed by motor vehicle, over irregular routes, tive July 1,1965. These rules provide that August 21, 1969. Applicant: AMERICAN transporting: Oyster and crab meat protests to the granting of an application COURIER CORPORATION, 2 Nevada -cans, from Baltimore, Md., to Westmore­ must be filed with the field official named Drive, Lake Success, N.Y. 11040. Appli­ land and Northumberland Counties, Va., in the F ederal R egister publication, cant’s representative: John M. Delany tor 180 days. Supporting shippers: There within 15 calendar days after the date of (same address as above). Authority ate at least 14 statements of support notice of the filing of the application sought to operate as a common carrier, Wuch may be examined at the Inter­ is published in the F ederal R egister. One state Commerce Commission, Washing­ copy of such protests must be served on by motor vehicle, over irregular routes, ton, D.c., or the copies thereof may be the applicant, or its authorized repre­ transporting: (1) Business papers, xamined at the field office named below. sentative, if any, and the protests must records and audit and accounting media end protests to: Robert W. Waldron, certify that such service has been made. of all kinds, and advertising material

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 No. 171----- 6 14158 NOTICES

moving therewith, (a) between Rich­ Federal Building, New Orleans, La. transporting: Used household goods, re­ mond, Va., on the one hand, and, on the 70113. - stricted to the transportation of traffic other, points in North Carolina and No. MC 123490 (Sub-No. 13 TA), filed having a prior or subsequent movement, Maryland; (b). between Norfolk, Va., on August 26, 1969. Applicant: CHIP CAR­ in containers, and further restricted to the one hand, and, on the other, points RIERS, INC., 927 32d Avenue, Council the performance of pickup and delivery in the District of Columbia; between Bluffs, Iowa 51501. Applicant’s represent­ service in connection with packing, crat­ Norwalk, Conn., on the one hand, and, ative: Einar Viren, 904 City National ing, and containerization, or unpacking, on the other, points in Westchester and Bank Building, Omaha, Nebr. 68102. Au­ uncrating, and decontainerization of Ulster Counties, N.Y.; and points in Mid­ thority sought to operate as a contract such traffic, between points in Barbour, dlesex and Hampshire Counties, Mass.; carrier, by motor vehicle, over irregular Boone, Braxton, Cabell, Calhoun, Clay, (d) between Celina, Ohio, on the one routes, transporting: Chips, twists, or Doddridge, Fayette, Gilmer, Grant, hand, and, on the other, points in New puffs; potato chips; fried pork skins; Greenbrier, Hampshire, Hardy, Harrison, York; (e) between Paulding, Ohio, on the fried potatoes (other than potato chips); Jackson, Kanawha, Lewis, Lincoln, one hand, and, on the other, Cleveland, bakery goods (other than frozen); Logan, McDowell, Mason, Mercer, Min­ Lima, and Toledo, Ohio, and Port Wayne, popped corn (other than popped com eral, Mingo, Monroe, Nicholas, Pendle­ Ind., on traffic having an immediately confectionery); sugar or syrup-coated ton, Pleasants, Pocahontas, Putnam, prior or subsequent movement by air; (2) popped co m (other than in balls or Raleigh, Randolph, Ritchie, Roane, Sum­ Engineering drawings, blueprints and pressed form ); dry nut meats; shelled mers, Taylor, Tucker, Tyler, Upshur, results of tested materials, and small auto and salted peanuts; prepared food; Wayne, Webster, Wirt, Wood, and Wyom­ parts and emergency small repair parts, pumpkin seed; roasted sunflower seeds; ing, W. Va.; Gallia, Jackson, Lawrence, restricted against the transportation of imprinted advertising, packaging and Meigs, Pike, Scioto, Vinton, and Adams, packages or articles weighing in the ag­ display materials; wire or wire and sheet Ohio; Boyd, Carter, Elliott, Flemming, gregate more than 100 pounds from one metal combined store display racks and Floyd, Greenup, Johnson, Lawrence, consignor to one consignee on any 1 day, stands; cooked, cured or preserved sau­ Lewis, Magoffin, Martin, Mason, Morgan, between Paulding, Ohio, on the one hand, sages; cooked, cured or preserved meats; Pike, and Rowan, Ky. Supporting ship­ and, on the other, Cleveland, Lima, and food dip mixes, dry; and bean dip, be­ pers: (1) Four Winds Forwarding, Inc., Toledo, Ohio, and Port Wayne, Ind., on tween the plants and warehouses of 4600 Eisenhower Avenue, Post Office Box traffic having an immediately prior or Frito-Lay, Inc., located at Council Bluffs No. 9056, Alexandria, Va. 22304, Atten­ subsequent movement by air; and (3) and Ottumwa, Iowa; Topeka, Kans.; St. tion: F. W. Kircher, Executive Vice exposed and processed film and prints, Louis and Kansas City, Mo.; Chicago, President; (2) Trans-American World complimentary replacement film, inci­ 111.; Rhinelander, Madison, and Mon­ Transit, Inc., 7540 South Western Ave­ dental dealer handling supplies and ad­ roe, Wis.; Grand Forks, N. Dak.; Den­ nue, Chicago, HI. 60620, Attention: vertising literature moving therewith ver, Colo.; and Minneapolis, Minn., on Michael A. Blasucci, Traffic Manager. (excluding motion picture film used pri­ the one hand and points in North Da­ Send protests to: H. R. White, District marily for commercial theater and tele­ kota, Minnesota, Wisconsin, and Illinois Supervisor, Interstate Commerce Com­ vision exhibition), (a) between Dallas, in interstate commerce on the other mission, Bureau of Operations, 3202 Fed­ Tex., on the one hand, and, on the other, hand, for 150 days. Supporting shipper: eral Office Building, Charleston, W. Va. points in Arkansas; (b) between Little Frito-Lay, Inc., Frito-Lay Tower, Ex­ 25301. Rock, Ark., on the one hand, and, on the change Park, Dallas, Tex. 75235. Send M otor Carrier of P assengers other, points in Arkansas, restricted ,to protests to: Keith P. Kohrs, District shipments having an immediately prior Supervisor, Interstate Commerce Com­ No. MC 26451 (Sub-No. 15 TA), filed or subsequent movement by air, for 180 mission, Bureau of Operations, 705 Fed­ August 27, 1969. Applicant: INTER­ days. Supporting shippers: Automated eral Office Building, Omaha, Nebr. 68102. MOUNTAIN TRANSPORTATION COM­ Computer Services, Inc., 509 West Grace No. MC 133923 (Sub-No. 1 TA), filed PANY, 7-9 Main Street, Anaconda, Mont. Street, Richmond, Va. 23220; Par Go Van August 27, 1969. Applicant: EASTERN 59711. Applicant’s representative: John Lines, Inc., Post Office Box 1980, Nor­ TRANSPORT, INC., 772 McKinley L. McKeon, 124 Oak Street, Anaconda, folk, Va. 23501; Caldor, Inc., 20 Glover Street, Hazleton, Pa. 18201. Applicant’s Mont. 59711. Authority sought to operate Avenue, Norwalk, Conn. 06852; Reynolds representative: Philip F. Hudock, Suite as a common carrier, by motor vehicle, & Reynolds Co., Celina Computer Center, 408 Citizens Bank Building, Hazleton, Pa. over irregular routes, transporting: Pas­ Celina, Ohio 45822; Maremont Corp., 18201. Authority sought to operate as a sengers, baggage, light express, and Grizzly/Leland Division, 700 West Caro­ contract carrier, by motor vehicle, over newspapers, between Billings, Mont., and line Street, Paulding, Ohio 45879; East­ irregular routes, transporting: Cookies Great Falls, Mont., over U.S. Highway man Kodak Co., Rochester, N.Y. 14650. (other than refrigerated or frozen) in 87, serving all intermediate points, for Send protests to; District Supervisor containers, from McComb, Ohio, to 180 days. Note: Applicant intends to Anthony Chiusano, Interstate Commerce points in Massachusetts, Connecticut, tack with its present authority at Great Commission, Bureau of Operations, 26 Rhode Island, Vermont, New Hampshire, Falls, Mont. Supporting shipper: Appli­ Federal Plaza, New York, N.Y. 10007. Maine, Pennsylvania, New York, New cant’s own statement. Send protests to: No. MC 118159 (Sub-No. 74 TA ), filed Jersey, and Maryland and on return, m a­ Paid J . Labane, District Supervisor, Bu­ August 26, 1969. Applicant: EVERETT terials used in the making of cookies, reau of Operations, Interstate Commerce LOWRANCE, INC., 4916 Jefferson High­ from points in the destination States Commission, 251 U.S. Post Office Build­ way, New Orleans, La. Applicant’s repre­ named above to McComb, Ohio, for 150 ing, Billings, Mont. 59101. days. Supporting shipper: Consolidated sentative: David D. Brunson, 419 North­ By the Commission. west Sixth Street, Oklahoma City, Okla. Biscuit Co., McComb, Ohio 45858. Send 73102. Authority sought to operate as a protests to: District Supervisor, Paul J. [ seal] Andrew Anthony, Jr., common carrier, by motor vehicle, over Kenworthy, Interstate Commerce Com­ Acting Secretary. irregular routes, transporting: Dairy mission, Bureau of Operations, 309 U.S. [FJt. Doc. 69-10665; Filed, Sept. 5, 1969; products as described in section B of Ap­ Post Office Building, Scranton, Pa. 18503, 8:46 a.m.J pendix I to the report in Description of No. MC 133973 TA, filed August 25, 1969. Applicant: HUNTINGTON MOV­ Motor Carrier Certificates, 61 M.C.C. 209 • [Notice 405} and 766, from Belleville, Wis., to points ING & STORAGE COMPANY, 1102 in Louisiana and Mississippi, for 180 Vernon Street, Huntington, W. Va. 25719. MOTOR CARRIER TRANSFER days. Supporting shipper: Pabst Farms, Applicant’s representative: Alan F. PROCEEDINGS Inc., 35303 West Pabst Road, Oconomo- Wohlstetter, 1 Farragut Square South, September 3,1969. woc, Wis. Send protests to: W. R. Atkins, Washington, D.C. 20006. Authority Synopses of orders entered pursuant to District Supervisor, Interstate Commerce sought to operate as a common carrier; section 212(b) of the Interstate Com­ Commission, Bureau of Operations, 4009 by motor vehicle, over irregular routes, merce Act, and rules and regulations

FEDERAL REGISTER, VOL. 34, NO. T7T— SATURDAY, SEPTEMBER 6, 1969 NOTICES 14159 prescribed thereunder (49 CFR Part approved the transfer to Interstate Van 13002, MC-13002 (Sub-No. 2), and MC- 1132), appear below: Lines, Inc., 821 Howard Road SE„ Wash­ 13002 (Sub-No. 3) issued August 5, 1943, As provided in the Commission’s spe­ ington, D.C. 20020, of a portion of the February 11, 1963, and October 9, 1963, cial rules of practice any interested per­ certificate in No. MC-35719 (Sub-No. 1), respectively, to Fremont Smith, doing son may file a petition seeking reconsid­ issued January 11, 1967 to Ace Van & business as Fremont Smith Truck Line, eration of the following numbered pro­ Storage Co., Inc., 821 Howard Road SE., Sioux City, Iowa, authorizing the trans­ ceedings within 20 days from the date of Washington, D.C. 20020, authorizing the portation over regular routes, of eggs, publication of this notice. Pursuant to transportation of household goods be­ poultry, scrap paper, junk, hides, and section 17(8) of the Interstate Commerce tween New York, N.Y., and points in New grease, between Sioux City, Iowa, and Act, the filing of such a petition will York in the New York, N.Y., commercial Chicago, 111.; fruits and vegetables, be­ postpone the effective date of the order zone, on the one hand, and, on the other, tween Denver, Colo., and Chicago, 111.; in that proceding pending its disposition. points in Maine, New Hampshire, and packinghouse products and supplies, be­ The matters relied upon by petitioners Vermont. tween Sioux City, Iowa, and Chicago, 111.; must be specified in their petitions with No. M C-FC-71582. By order of between Omaha, Nebr., and Chicago, 111., particularity. August 27,1969, the Motor Carrier Board between Denver, Colo., and Chicago, 111., No. MC-FC-71452. By order of approved the transfer to Curry C. Car- and between Denver, Colo., and Sioux August 27,1969, the Motor Carrier Board roll, Eupora, Miss., of the permit in City, Iowa; meats, meat products, meat approved the transfer to Gartin Truck No. MC—111677 (Sub-No. 2), issued byproducts, dairy products, and articles Line, Inc., Olean, Mo. 65064, of certifi­ August 27, 1959, to Bellipanni Brothers, distributed by meat packinghouses, be­ cate No. MC-115623, issued September 9, Inc., Indianola, Miss., authorizing the tween the plantsite of Swift & Co., 1958, to L. E. Gartin and John L. Gartin, transportation of brick and structural Rochelle, 111.,, and Sioux City, Iowa, a partnership, doing busines as Gartin tile, from Indianola, Miss., to points in Omaha, Nebr., and Denver, Colo., and Truck Line, Olean, Mo. 65064, authoriz­ Alabama, Arkansas, Georgia, Louisiana, meats, meat products, meat byproducts, ing the transportation of: Feed, seed, and Tennessee; and from Birmingham and articles distributed by meat packing­ and fertilizer, from Kansas City, Kans., and Phenix City, Ala., and points within houses, between West Point, Nebr., and and East St. Louis, 111., to Olean, Mo., and 10 miles of each, to points in Mississippi. Chicago, 111. William A. Landau, Regis­ fertilizer in bulk, in seasonal operations Harold D. Miller, Jr., Post Office Box tered Practitioner, 1451 East Grand Ave­ from January 1 to June 30, both inclu­ 22567,’ 700 Petroleum Building, Jackson, sive, and from August 1 to November 30, Miss. 39205, attorney for applicants. nue, Des Moines, Iowa 50306, representa­ tive for applicants. both inclusive of each year, from Na­ No. M C-FC-71589. By order of August tional City, 111., to specified points in Missouri. 27, 1969, the Motor Carrier Board ap­ [seal] Andrew Anthony, Jr., proved the transfer to- Fremont Smith Acting Secretary. No. MC-FC-71557. By order of Truck Lines, Inc., Sioux City, Iowa, of [F.R. Doc. 69-10666; Filed, Sept. 5, 1969; August 22,1969, the Motor Carrier Board the operating rights in permits Nos. MC- 8:47 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 171— SATURDAY, SEPTEMBER 6, 1969 14160 FEDERAL REGISTER CUMULATIVE LIST O f PARTS AFFECTED— SEPTEMBER

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

5 CFR Page 14 CFR—Continued Pag* 32 CFR **«• 213______13968,14066 P roposed R o tes: 163______14027 71?______14023 ______14079 501______-____14126 47___ 14079 7 CFR 61______14081 36 CFR 81—___ 13901 71______13999,14082 P roposed R o tes: 722______14066 75.______140C2 7______13994, 14035 729______14121 91______14079 908______14025 167_____ 14129 39 CFR 910;_____ 14122 288______14078 221 ______—14023 948______14065 399______14078 222 ______14028 P roposed R o te s: 243.______— 14028 29____ 14035 1 6 CFR 247.______!______14023 906L______14129 15 ______13988 944______13994 43 CFR 948______14035 17 CFR 2240______—. 14075 1007— ______13994 231—____ 14125 P ublic L and Orders: I090______13994 4582 (modified by FLO 4682>__ 14076 a CFR 21 CFR 4682______14076 1______14070 103______14123 19 ______14070 47 CFR 20 ______- ______— 14071 73______.___ 13989 9 CFR 120______14073, 14126 91______13990 73 _ 14024 P roposed R o tes: P roposed R u l e s : 74 ______14024« 14066 75______14000 317______13992 22;______13999 148m ______14078 191______14129 49 CFR 10 CFR P roposed R u l e s : 40—...... 14067 24 CFR Ch. IV______1______14054 1002______14000 14 CFR 1600______14027 21______14067 50 CFR 39____ 13968, 13969, 14025-14027, 14123 31 CFR 10______14028 71______14027, 14068, 14069, 14124 251______14126 32 _ 13991,14032-14034,14074,14075 73______14069, 14124 253—______14126 33 ______14074 97______- ______——______13970 254______14126 127______. ______14069 256______14126 P roposed R o tes: 183______14124 290______14126 32______14079