•3 FEDERAL REGISTER V O LU M E 34 NU M BER 83 Thursday, May 1, 1969 Washington, D.C. I Pages 7117-7215

Agencies in this issue— Atomic Energy Commission Civil Aeronautics Board Coast Guard Consumer and Marketing Service Customs Bureau Education Office Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Register Administrative Committee a Federal Trade Commission Food and Drug Administration General Services Administration Hazardous Materials Regulations Board Health, Education, and Welfare Department Internal Revenue Service Interstate Commerce Commission Land Management Bureau National Bureau of Standards National Park Service Packers and Stockyards Administration Public Health Service Securities and Exchange Commission Small Business Administration Transportation Department Veterans Administration Detailed list of Contents appears inside. Now Available

LIST OF CFR SECTIONS AFFECTED

1949-1963

This volume contains a compilation of the “List of Sections Af- fected” for all titles of the Code of Federal Regulations for the years 1949 through 1963. All sections of the CFR which have been ex­ pressly affected by documents published in the daily Federal Reg­ ister are enumerated.

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

Price: $6.75

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

Order from Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402

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

AGRICULTURE DEPARTMENT EDUCATION OFFICE FEDERAL POWER COMMISSION See Consumer and Marketing Rules and Regulations Notices Service; Packers and Stockyards Financial assistance for current Hearings, etc.: Administration. expenditures of local educa­ Mobil Oil Corp. et al------7195 tional agencies in areas affected Sohio Petroleum Co______7196 ATOMIC ENERGY COMMISSION by Federal activities and ar­ Union Oil Company of Cali­ Notices rangements for free public edu­ fornia et al______7197 Niagara Mohawk Power Corp.; ex­ cation of certain children resid­ tension of completion date----- 7181 ing on Federal property------7151 FEDERAL REGISTER FEDERAL AVIATION ADMINISTRATIVE COMMITTEE CIVIL AERONAUTICS BOARD ADMINISTRATION CFR Checklist______7121 Rules and Regulations Rules and Regulations FEDERAL TRADE COMMISSION Classification and exemption of air taxi operators------— 7124 Control zones and/or transition Rules and Regulations areas; designations, alterations, Administrative opinions and Notices and revocations (8 documents) _ 7121- rulings: Hearings, etc.'. 7124 Disclosure of origin of imported International Air Transport As­ Proposed Rule Making motors ______7145 sociation (2 documents) _ 7182, 7183 Provision for deviations from Location of term “irregular” to Service mail rates------7181 qualifications requirements for describe shirts______7145 chief pilots ______7175 COAST GUARD Notices FOOD AND DRUG Rules and Regulations K e n a i Area Office, Alaska; ADMINISTRATION Anchorage areas and grounds; closing ______7180 Rules and Regulations Port of New York and vicinity.- 7146 FEDERAL COMMUNICATIONS Food additives; Chlormadinone Drawbridge operation; Lake Pont- acetate______7165 chartrain, La_____ i______7146 COMMISSION Pesticide chemical tolerances; COMMERCE DEPARTMENT Notices trifluralin ______7165 See National Bureau of Standards. Common carrier services informa­ Notices tion; domestic public radio serv­ Food additive and pesticide peti­ CONSUMER AND MARKETING ices applications accepted for tions: filing ______7183 Chemagro Corp______7179 SERVICE Standard broadcast applications FMC Corp______7180 Rules and Regulations ready and available for process­ Humble Oil & Refining Co.; ing (2 documents)______7185, 7186 w ithdraw al______7180 Milk in Des Moines, Iowa, market­ Hearings, etc.: o-Isopropoxyphenyl methylcarba- ing area; order amending order. 7136 Brinsfield Broadcasting Co. and Oranges grown in Arizona and mate; establishment of tempo­ Cass County Broadcasting rary tolerance______7180 California ; handling limita­ Co ______7186 tions: Click Broadcasting Co. and GENERAL SERVICES Navel oranges______7134 R -J Co______7187 Valencia oranges______7135 DeWitt Radio______7189 ADMINISTRATION Peaches, canned clingstone and North Dakota Broadcasting Co., Rules and Regulations freestone; standards for grades; I n c .______7192 co lo r______7133 Vista Broadcasting Co., Inc., Federal procurement; retention of Tomatoes grown in Florida; ship­ and KNET, Inc______. . . 7193 records by contractors and sub­ ment limitation______7135 contractors ______7147 FEDERAL MARITIME Proposed Rule Making HAZARDOUS MATERIALS Milk handling in certain market- COMMISSION ing areas: Notices REGULATIONS BOARD Southeastern Florida; recom­ Agreements filed for approval: Rules and Regulations mended decision______7173 8900 Lines Rate Agreement___ 7194 Transportation of hazardous ma­ Washington, D.C., Delaware India, Pakistan, Ceylon and terials; miscellaneous amend­ Valley, and Upper Chesa­ Burma Outward Freight Con­ ments ______7158 peake Bay; hearing______7171 ference ______7194 Oranges, grapefruit, tangerines, Medchi Freight Pool______7195 HEALTH, EDUCATION, AND and tangelos grown in Florida; Authority delegation and redele­ recommended decision______7168 gation: WELFARE DEPARTMENT Tomatoes grown in Florida; ship­ Director, Bureau of Domestic See also Education Office; Food ment limitation and importa­ Regulation ______7193 and Drug Administration; Pub­ tion ______i ___ 7170 Managing Director______7193 lic Health Service. Costigan, Richard M.; suspension Notices CUSTOMS BUREAU of independent ocean freight forwarder license______7195 Interstate air pollution in New Notices Transconex, Inc.; increase in Cumberland, W. Va.—Knox Ceramic wall tile from United rates in U.S. South Atlantic/ Township, Ohio, area; confer­ Kingdom; antidumping pro­ Puerto Rico—Virgin Islands ence of control agencies______7180 ceeding ______7178 trades; investigation______7194 (Continued on next page) 7119 7120 CONTENTS

INTERIOR DEPARTMENT NATIONAL BUREAU OF Notices See Land Management Bureau; STANDARDS Hearings, etc.: National Park Service. Comstock-Keystone Mining Co_ 7199 Rules and Regulations Electrogen Industries, Inc_____ 7199 INTERNAL REVENUE SERVICE Policies, services, procedures, and Treduoc Fund, Inc______7199 fees; broadcasts______7144 United Australian Oil, Inc____ 7199 Rules and Regulations Well-Hart Hedge Fund, Inc___ 7199 Income tax; deductions for costs NATIONAL PARK SERVICE of advertising in programs of Notices SMALL BUSINESS certain political conventions— 7145 Shenandoah National Park; con­ ADMINISTRATION INTERSTATE COMMERCE cession permit______7179 Notices Related Industries, Inc.; with­ COMMISSION PACKERS AND STOCKYARDS drawal of request to operate and Proposed Rule Making ADMINISTRATION participate in small business de­ fense production and research Motor carrier temporary author­ Notices ities; petition for modification and development pool______7200 of rules______7177 Andalusia Livestock Auction et al. ; Restrictions on service by motor changes in names of posted TRANSPORTATION DEPARTMENT common carriers; extension of stockyards_____ ;______7181 See also Coast Gu«rd; Federal time ______7177PUBLIC HEALTH SERVICE Aviation Administration; Haz­ Notices ardous Materials Regulations Board. Fourth section application for Rules and Regulations relief______'7213 Air pollution; designation of cer­ Rules and Regulations Motor carrier, broker, water car­ tain intrastate air quality con- Public availability of information; rier, and freight forwarder trol regions: Federal Aviation Administra­ applications______— 7200 Metropolitan Pittsburgh______7150 tion ______7156 Motor carrier temporary author­ Niagara frontier______7150 Standard time zone boundaries; ity applications______7214 San Francisco Bay area______7150 operating exceptions for certain Wild birdseed bell exemption; pe­ lines of railroad______7157 tition for declaratory order___ 7213 SECURITIES AND EXCHANGE COMMISSION TREASURY DEPARTMENT LAND MANAGEMENT BUREAU Proposed Rule Making See Customs Bureau; Internal Notices Securities Act of 1933; rules, sum­ Revenue Service. Arizona; proposed withdrawal and mary sheets for registration VETERANS ADMINISTRATION reservation of lands______7178 statements, etc______7175 Nevada: Rules and Regulations Proposed withdrawal and reser­ Procurement by negotiation; per­ vation of lands______!_ 7179 sonal or professional services Public sale______7178 and sharing of medical facilities Washington; filing of plat______7179 and equipment______7150

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 16 CFR 42 CFR 52______7133 15 (2 documents). 7145 81 (3 documents)______7150 907 ______908 ______7135 17 CFR 966______7135 P roposed R ules: 1079______7136 230______7175 4 5 CFR P roposed R ules: 239______7175 115______7151 905- 7168 21 CFR 966_ 7170 980- 7170 120____ 7165 4 9 CFR 1003 7171 121_____ 7165 7______-______7156 1004 7171 71______7157 1013 7173 26 CFR 1016 7171 i ______7145 171______7159 172 _ 7159 33 CFR 14 CFR 173 ______7159 no____ 7146 174______7162 71 (8 documents)______7121-7124 117_____ 298______7124 7146 177______7162 41 CFR 178...... ;______7163 P roposed R ules: 1-3_____ 7147 1*79------7165 121______7175 1-7_____ 7148 proposed R ules: 1-16____ 7148 15 CFR 1-20______7148 1131. 7177 200— 7144 8-3_____ 7150 1307. 7177 7121 Rules and Regulations

Issued in Los Angeles, Calif., on April Title 1— GENERAL PROVISIONS Title 14— AERONAUTICS AND 22,1969. Lee E. W arren, Chapter I— Administrative Committee SPACE Acting Director, Western Region. of the Federal Register [F.R. Doc. 69-5177; Filed, Apr. 30, 1969; CFR CHECKLIST Chapter I— Federal Aviation Admin­ 8:47 a.m.] istration, Department of Transpor­ 1969 Issuances tation [Airspace Docket No. 69—SO—19 ] This checklist, prepared by the Office [Airspace Docket No. 69-WE-311 PART 71— DESIGNATION OF FEDERAL of the Federal Register, is published in AIRWAYS, CONTROLLED AIRSPACE, the first issue of each month. It is ar­ PART 71 — DESIGNATION OF FEDERAL AND REPORTING POINTS ranged in the order of CFR titles, and AIRWAYS, CONTROLLED AIRSPACE, shows the issuance date and price of re­ AND REPORTING POINTS Designation and Alteration of vised volumes and supplements of the Transition Areas Code of Federal Regulations issued to Alteration of Transition Area date during 1969. New units issued dur­ The purpose of this amendment to Part On March 12,. 1969, a notice of pro­ ing the month are announced on the 71 of the Federal Aviation Regulations is posed rule making was published in the inside cover of the daily F ederal R egis­ to alter the description of the San Jose, F ederal R egister (34 F.R. 5111), stating ter as they become available. Calif., transition area. This action is nec­ that the Federal Aviation Administration Order from Superintendent of Docu­ essary due to the relocation of the San was considering an amendment to Part ments, Government Printing Office, Jose VOR. 71 of the Federal Aviation Regulations Washington, D.C. 20492. that would designate the Alabaster, Ala., Since this change is editorial in nature transition area and alter the Birming­ CFR unit (as Of Jan. 1, 1969) : Price and imposes no additional burden on any ham and Montgomery, Ala., transition 3 1936-1938 Compilation____$6. 00 person, notice and - public procedure areas. 1968 Compilation______. 75 hereon are unnecessary. Interested persons were afforded an 4 (Rev.) ______.50 In consideration of the foregoing in opportunity to participate in the rule 7 Parts: § 71.181 (34 F.R. 4637) the description of making through the submission of com­ 46-51 (Rev.)______1.75 the San Jose, Calif., transition area is ments. All comments received were 900-944 (Rev.)______1.50 amended by deleting “ * * * 137° * * ** favorable. 1000-1029 (Rev.)______1.50 in the fourth line and substituting Subsequent to publication of the 1060-1089 (Rev.)______1.25 “* * * 139° * * *” therefor. notice, the geographic coordinate (lat. 1090-1119 (Rev.)______1.25 33°10'40" N., long. 86°47'00" W.) for 1500-end (Rev.)_____1. 1.50 Effective date. This amendment shall be effective 0901 G.m.t., June 26, 1969. Shelby County Airport was obtained from 12 Parts: Coast and Geodetic Survey. Additionally, 1- 299 (Rev.)______2.00 Issued in Los Angeles, Calif., on April it was determined that the State of Ala­ 300-end (Rev.)______2.00 22, 1969. bama 1,200-foot transition area designa­ 13 (Rev.) ______1.25 Lee E. W arren, tion would be made effective concurrent 14 Parts 1-59 (Rev.)______2.75 Acting Director, Western Region. with this action; thus, eliminating the 16 Part 150-end (Rev.)____ 2. 00 [F.R. Doc. 69-5176; Filed, Apr. 30, 1969; requirement to alter the Birmingham and 22 (Rev.) ______1.75 8:47 a.m.] Montgomery 1,200-foot transition areas. 24 (Rev.) ______2.00 It is necessary to alter the description 26 Parts: of the Alabaster transition area by ap­ 1 (§§ 1.641-1.850) (Rev.) _ 1. 50 [Airspace Docket No. 69-WE-32] propriately inserting the geographic co­ 2- 29 (Rev.)______1.25 ordinate for the Shelby County Airport 30-39 (Rev.)______1.25 pa rt 71— designation o f fe d er a l AIRWAYS, CONTROLLED AIRSPACE, and deleting the proposed alteration of 300-499 (Rev.)______1.25 the Birmingham and Montgomery tran­ 500-599 (Rev.)______1.50 AND REPORTING POINTS sition areas. 27 (Rev.) ______. 45 Alteration of Control Zone Since these amendments are editorial 28 (Rev.) ____ ^______1. 00 in nature, notice and public procedure 29 Parts 0-499 (Rev.)______1. 50 The purpose of this amendment to hereon are unnecessary and action is 30 (Rev.)______1.50 Part 71 of the Federal Aviation Regula­ taken herein to reflect these changes. 31 (Rev.)______2.75 tions is to change the geographical co­ In consideration of the foregoing, Part 32 Parts: ordinates of the Stockton Municipal Air­ 71 of the Federal Aviation Regulations is 400-589 (Rev.)______2.00 port to conform to recently published amended, effective 0901 G.m.t., June 26, 590-699 (Supp.)______. 50 surveyed data. 1969, as hereinafter set forth. 700-799 (Rev.)______3.50 Since this change is editorial in nature In § 71.181 (34 F.R. 4637), the follow­ 1200-1599 (Rev.)______1.75 ing transition area is added: 1600-end (Rev.)______1. 00 and imposes no additional burden on any 32A (R ev.)______1.25 person, notice and public procedure here­ Alabaster, Ala. 33 Parts 1-199 (Rev.)______2. 50 on are unnecessary. That airspace extending upward from 700 35 (Supp.)______.35 In consideration of the foregoing in feet above the surface within a 7-mile radius 37 (Supp.)______.30 of Shelby County Airport (lat. 33°10'40" 41 Chapters: § 71.171 (34 F.R. 4557) the Stockton, N., long. 86°47'00" W.). 1 (Rev.)______2.75 Calif., control zone is amended by delet­ (Sec. 307(a), Federal Aviation Act of 1958; 2-4 (Rev.)______1.00 ing the geographical coordinates “(lati­ 49 U.S.C. 1348(a); sec. 6(c), Department of 5- 5D (Rev.)______1.25 tude 37°53'45" N. longitude 121°14'10" Transportation Act; 49 U.S.C. 1655(c) ) 6- 17 (Rev.)______3.25 W.)” and substituting “ (latitude 37°- Issued in East Point, Ga., on April 22, 19-100 (Rev.)______1.00 53'39" N. longitude 121°14'14" W.)” 1969. 101-end (Rev.)______1.75 therefor. J ames G. R ogers, 43 Part 1000-end (Rev.)_____ 2.75 Director, Southern Region. 44 (R ev.)______.45 Effective date. This amendment shall [F.R. Doc. 69-5178; Filed, Apr. 30, 1969; 46 Parts 146-149 (Rev.)___ 3.75 be effective 0901 G.m.t., June 26,1969. 8:47 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 7122 RULES AND REGULATIONS

[Airspace Docket No. 69-SO-16] 4. Jackson, Miss., all after “* * * [Airspace Docket No. 69-SO-17] PART 71— DESIGNATION OF FEDERAL within 2 miles each side of a 008° bear­ ing from the Hawkins RBN,” is deleted PART 71— DESIGNATION OF FEDERAL AIRWAYS, CONTROLLED AIRSPACE, and “extending from the control zone to AIRWAYS, CONTROLLED AIRSPACE, AND REPORTING POINTS 8 miles north of the OM.” is substituted AND REPORTING POINTS Designation, Alteration and Revoca­ therefor. 5. Kosciusko, Miss., all after “* * * Designation, Alteration and Revoca­ tion of Transition Areas long. 89°32'25" W.),” is deleted and “ex­ tion of Transition Areas On March 11, 1969, a notice of pro­ tending from the 5-mile radius area to 8 On March 11, 1969, a notice of pro­ posed rule making was published in the miles southeast and northwest of the posed rule making was published in the F ederal R egister (34 F.R. 5079) . stating RBN.” is substituted therefor. F ederal R egister (34 F.R. 5078), stating that the Federal Aviation Administra­ 6. Meridian, Miss. (Key Field), all that the Federal Aviation Administra­ tion was considering an amendment to after “* * * within 8 miles southwest tion was considering an amendment to Part 71 of the Federal Aviation Regula­ and 5 miles northeast of the Meridian Part 71 of the Federal Aviation Regula­ tions that would designate, alter, and re­ VORTAC 315° radial,” is deleted and tions that would designate, alter and re­ voke controlled airspace in the State of “extending from the VORTAC to 13 voke controlled airspace in the State of Mississippi and its coastal waters by miles northwest.” is substituted therefor. Tennessee by designating the Tennessee designating the Mississippi transition 7. Tupelo, Miss., all after “* * * with­ transition area. area. in 2 miles each side of the Tupelo VOR Interested persons were afforded an Interested persons were afforded an 214° radial,” is deleted and “extending opportunity to participate in the rule opportunity to participate in the rule from the 5-mile radius area to 8 miles making through the submission of com­ making through the submission of com­ southwest of the VOR.” is substituted ments. All comments received were ments. All comments received were therefor. favorable. favorable. 8. Yazoo City, Miss., all after “* * * In consideration of the foregoing, Subsequent to publication of the no­ within 2 miles each side of the Jackson, Part 71 of the Federal Aviation Regula­ tice, VOR Federal Airway No. 22 was Miss. VORTAC 332° radial,” is deleted tions is amended, effective 0901 G.m.t., redesignated as VOR Federal Airway No. and “extending from the 6-mile radius June 26, 1969, as hereinafter set forth. 198. It is necessary to alter the descrip­ area to 16 miles northwest of the In § 71.181 (34 F.R. 4637), the follow­ tion to reflect this change. VORTAC.” is substituted therefor. ing transition area is added: Since this amendment is editorial in In § 71.181 (34 F.R. 4637), the follow­ nature, notice and public procedure ing transition areas are amended as T en n essee hereon are. unnecessary and action is That airspace extending upward from 1,200 indicated: feet above the surface within the boundary taken herein to alter the description 1. Greenville, Miss.: “* * * extending of the State of Tennessee. accordingly. from 12 miles north to 4 miles south of In consideration of the foregoing, Part the VOR.” is deleted and “* * * extend­ In § 71.181 (34 F.R. 4637), the follow­ 71 of the Federal Aviation Regulations is ing from 12 miles north to 4 miles south ing transition areas with floors of 1,200 amended, effective 0901 G.m.t., June 26, of the VOR, excluding the portion with­ feet above the surface or above are re­ 1969, as hereinafter set forth. in the State of Misssissippi.” is substi­ voked and the 700-foot transition areas In § 71.181 (34 F.R. 4637), the follow­ tuted therefor. are amended as follows: ing transition area is added: 2. Gulfport, Miss.: “* * * thence west 1. Chattanooga, Tenn., all after ***** M is s is s ip p i within 8 miles east and 5 miles west of to point of beginning.” is deleted and the Daisy RBN 017° bearing,” is deleted That airspace extending upward from 1,200 “* * * thence west to point of begin­ and “extending from the RBN to 12 miles feet above the surface within the boundary ning, excluding the portion within the of the State of Mississippi, including that State of Mississippi.” is substituted north.” is substituted therefor. airspace 3 nautical miles from and parallel to therefor. 2. Dyersburg, Tenn., all after *<* * * the shoreline, beginning at the intersection within 2 miles each side of the Dyers­ of the Mississippi/Alabama State line, ex­ 3. McComb, Miss.: “* * * 17 miles burg VORTAC 078° radial,” is deleted tending west along a line 3 nautical miles west of the VORTAC.” is deleted and “* * * 17 miles west of the VORTAC, and “extending from the VORTAC to from and parallel to the shoreline, to and 8 southwest along the southeast boundary of excluding the portion within the State miles east of the VORTAC.” is substi­ V-198, to and south along long. 88°51'00" of Mississippi.” is substituted therefor. tuted therefor. W. to lat. 30°07'20'' N. (point of intersec­ 4. Natchez, Miss.: “* * * to 23 miles, 3. Jackson, Tenn., all after ***** (lat­ tion of the Mississippi State line and long. itude 35°35'55" N.,” is deleted and (lon­ 88°51'00" W.). south of the VOR.” is deleted and “* * * to 23 miles south of the VOR, ex­ gitude 88°54'55" W.).” is substituted In § 71.181 (34 F.R. 4637), the follow­ cluding the portion within the State of therefor. ing transition areas with floors of 1,200 Mississippi.” is substituted therefor. 4. Knoxville, Tenn., all after ***** feet above the surface are revoked and 5. Vicksburg, Miss.: “* * * extending and on the northeast by a line 5 miles the 700-foot transition areas are from the airport to 12 miles east.” is southwest of and parallel to” is deleted amended as follows: deleted and ***** extending from the and “the Knoxville VORTAC 321° ra­ 1. Columbus, Miss., all after “* * * airport to 12 miles east, excluding the dial.” is substituted therefor. longitude 88°23'00" W.),” is deleted and portion within the State of Mississippi.” 5. Lexington, Tenn., all after ***** “extending from the 6-mile radius area is substituted therefor. within 2 miles each side of the Jacks to 8 miles south of the radio beacon.” is In § 71.163 (34 F.R. 4549), the Green­ Creek VORTAC 165° radial,” is deleted substituted therefor. ville, Miss., additional control area is and “extending from the 5-mile radius 2. Greenwood, Miss., all after “* * * revoked. area to 8 miles southeast of the VOR­ within 2 miles each side of the Green­ TAC.” is substituted therefor. wood VORTAC 079° radial,” is deleted (Sec. 307(a), Federal Aviation Act of 1958; 49 Ü.S.C. 1348(a); sec. 6(c), Department of 6. Nashville, Tenn., all after “* * and “extending from the 10-mile radius Transportation Act; 49 U.S.C. 1655(c) ) within 5 miles southwest and 8 miles area to the VORTAC.” is substituted northeast of the Sewart AFB ILS south­ therefor. Issued in East Point, Ga., on April 21, east course,” is deleted and “extending 3. Hattiesburg, Miss., all after “* * * 1969. from the 12-mile radius area to 12 miles longitude 89°17'59" W.),” is deleted and James G. R ogers, southeast of the Sewart RBN.” is sub­ “extending from the 7-mile radius area Director, Southern Region. stituted therefor. to 8 miles northwest of the RBN.” is [F.R. Doc. 69-5179; Filed, Apr. 30, 1969; 7. The Snowbird, Tenn., transition substituted therefor. 8:47 a.m.] area is revoked.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1 1969 RULES AND REGULATIONS 7123 8. Tri-City, Term., all after “* * * In consideration of the foregoing, Part feet above the surface or above are re­ (latitude 36°28'30" N„” is deleted and 71 of the Federal Aviation Regulations is voked and the 700-foot transition areas “longitude 82°24'20" W.)is substi­ amended, effective 0901 G.m.t., June 26, are amended as follows: tuted therefor. 1969, as hereinafter set forth. 1. Birmingham, Ala., all after “* * * In § 71.181 (34 F.R. 4637), the follow­ In § 71.181 (34 F.R. 4637), the follow­ centerline of Runways 18/36;” is deleted ing transition areas are amended as ing transition area is added: and “thence north along this line to the indicated: point of beginning.” is substituted 1. Memphis, Tenn.: “* * * on the west L ouisville, Mis s . therefor. by V-9E.” is deleted and “* * * on the That airspace extending upward from 700 2. Eufaula, Ala., all afte r“* * * within west by V-9E, excluding the portion feet above the surface within a 5-mile radius 2 miles each side of the Eufaula, Ala., within the State of Tennessee.” is sub­ of Louisville-Winston County Airport (lat. VOR 014° radial,” is deleted and “extend­ 33°08'45" N., long. 89°03'45'' W.); within 2 ing from the 4-mile radius area to 8 miles stituted therefor. miles each side of the 177° and 342° bearings 2. Paris, Tenn.: “* * * excluding the from the Louisville RBN (lat. 33°08'59" N., northeast of the VOR.” is substituted portion that coincides with the Hopkins­ long. 89°03'55" W.), extending from the 5- therefor. ville, Ky., and Union City, Tenn., transi­ mile radius area to 8 miles south and 8 3. Fort Rucker, Ala., all after “* * * tion areas.” is deleted and “* * * ex­ miles north of the RBN. longitude 86°24'30" W.;” is deleted and cluding the portion within the State of (Sec. 307(a), Federal Aviation Act of 1958; “to the point of beginning.” is substituted Tennessee.” is substituted therefor. 49 U.S.C. 1348(a); sec. 6(c), Department of therefor. 3. Union City, Tenn.: “* * * excluding Transportation Act; 49 U.S.C. 1655(c)) 4. Gadsden, Ala., all after “* * * with­ the portion that coincides with the Dy- Issued in East Point, Ga., on April 22, in 2 miles each side of the Gadsden ersburg, Tenn., transition area.” is de­ 1969. VORTAC 233° radial,” is deleted and “extending from the 8-mile radius area leted and “* * * excluding the portion James G. R ogers, within the State of Tennessee.” is sub­ Director, Southern Region. to 11 miles southwest of the VORTAC.” stituted therefor. is substituted therefor. [F.R. Doc. 69-5181; Filed, Apr. 30, 1969; 5. Huntsville, Ala., all after “* * * (Sec. 307(a), Federal Aviation Act oi 1958: 8:47 a.m.] within 8 miles west and 5 miles east of 49 U.S.C. 1348(a); sec. 6(c),. Department of Transportation Act; 49 U.S.C. 1655(c)) the Decatur VOR 352° radial,” is deleted [Docket No. 68-SO-15] and “extending from the VOR to 12 miles Issued in East Point, Ga., on April 21, north.” is substituted therefor. 1969. PART 71— DESIGNATION OF FEDERAL 6. Mobile, Ala., all after “* * * Fair- AIRWAYS, CONTROLLED AIRSPACE, James G. R ogers, hope Municipal Airport 8-mile radius Director, Southern Region. AND REPORTING POINTS area” is deleted and “to the Brookley AFB 8-mile radius area.” is substituted [F.R. Doc. 69-5180; Filed, Apr. 30, 1969; Designation and Revocation of therefor. 8:47 a.m.] Transition Areas 7. Monroeville, Ala., all after “* * * On March 11,1969, a notice of proposed VOR to 8 miles northeast” is deleted and ' [Airspace Docket No. 69-SO-12] rule making was published in the F ederal “and 8 miles southwest.” is substituted R egister (34 F.R. 5079), stating that the therefor. pa rt 71— designation o f f ed er a l Federal Aviation Administration was 8. Montgomery, Ala., all after “* * * AIRWAYS, CONTROLLED AIRSPACE, considering an amendment to Part 71 extending from the LOM to 17 miles AND REPORTING POINTS of the Federal Aviation Regulations that west,” is deleted and “excluding the por­ would designate and revoke controlled tion which coincides, with the Selma, Designation of Transition Area airspace in the State of Alabama and its Ala., transition area.” is substituted On March 1,1969, a notice of proposed coastal waters by designating the therefor. rule making was published in the F ederal Alabama transition area. 9. Muscle Shoals, Ala., all after “* * * Register (34 F.R. 3698), stating that the Interested persons were afforded an (latitude 34°44'41" N.,” is deleted and Federal Aviation Administration was opportunity to participate in the rule “longitude 87°36'39" W .).” is substituted considering an amendment to Part 71 of making through the submission of com­ therefor. the Federal Aviation Regulations that ments. All comments received were 10. Atlanta, Ga., all after “* * * would designate the Louisville, Miss., favorable. within 2 miles each side of the 114° bear­ transition area. - Subsequent to publication of the notice, ing from the Runway 33 LOM,” is deleted Interested persons were afforded an it was determined that the proviso to ex­ and “extending from the 15-mile radius opportunity to participate in the rule clude the portion within R-2908 was in­ area to 17 miles southeast of the LOM.” making through the submission of com­ advertently omitted from the descrip­ is substituted therefor. ments. All comments received were tion. It is necessary to alter the descrip­ 11. Columbus, Ga,, all after “* * * favorable. tion by appropriately inserting this within 8 miles west and' 5 miles east of Subsequent to publication of the notice, proviso. the Lawson ILS localized southeast the geographic coordinate (lat. 33°08'45" Since this amendment is minor in course,” is deleted and “extending from N., long. 89°03'45" W.) for Louisville- nature, notice and public procedure the 9-mile radius area to 10 miles south­ Winston County Airport was obtained hereon are unnecessary and action is east of the LOM.” is substituted therefor. from Coast and Geodetic Survey. Addi­ taken herein to amend the description 12. Pensacola, Fla., all after “* * * tionally, it was determined that the State accordingly. Runways 6/24 and 18/36 extended cen­ of Mississippi 1,200-foot transition area In consideration of the foregoing, Part terlines,” is deleted and “extending from designation would be made effective con­ 71 of the Federal Aviation Regulations is the 9-mile radius area to 12 miles north­ current with this action; thus, eliminat­ amended, effective 0901 G.m.t., June 26, east, south, and southwest of the air­ ing the requirement for designating the 1969, as hereinafter set forth. port.” is substituted therefor. 1,200-foot portion of the Louisville In § 71.181 (34 F.R. 4637), the follow­ In § 71.163 (34 F.R. 4549), the Lang­ ing transition area is added: ston, Ala., and Piedmont, Ala., additional transition area. It is necessary to alter control areas are revoked. the description by appropriately insert­ A labama ing the geographic coordinate for Louis­ (Sec. 307(a), Federal Aviation Act of 1958; ville-Winston County Airport and delet­ That airspace extending upward from 1,200 49 U.S.C. 1348(a)) sec. 6(c), Department of feet above the surface within the boundary Transportation Act; 49 U.S.C. 1655(c) ) ing the 1,200-fopt portion of the transi­ of the State of Alabama, including that air­ tion area. space Within 3 nautical miles from and paral­ Issued in East Point, Ga., on April 21, Since these amendments are editorial lel to the shoreline of Alabama, excluding the 1969. in nature, notice and public procedure portions within R-2101, R-2103, R-2908, and James G. R ogers, hereon are unnecessary and action is R-3002A. Director, Southern Region. taken herein to alter the description In § 71.181 (34 F.R. 4637), the follow­ [F.R. Doc. 69-5182; Filed, Apr. 30, 1969; accordingly. ing transition areas with floors of 1,200 8:47 am .]

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 196? 7124 RULES AND REGULATIONS

[Airspace Docket No. 69-SO—38] Issued in East Point, Ga., on April 22, ties,5 two from air taxi trade associa­ PART 71— DESIGNATION OF FEDERAL 1969. tions,® and from The Flying Tiger Line G ordon A. W illiams, Jr., Inc., the publisher of the Official Airline AIRWAYS, CONTROLLED AIRSPACE, Acting Director, Southern Region. Guide and the Federal Aviation Ad­ AND REPORTING POINTS [F.R. Doc. 69-5183; FUed, Apr. 30, 1969; ministration (FAA). Redesignation and Alteration of 8:47 a.m.] By ER-548 adopted November 29,1968, and effective on March 7, 1969, 33 F.R. Control Zones 18231, the Board adopted the liability in­ The purpose of this amendment to Chapter II— Civil Aeronautics Board surance provisions proposed in EDR-130 Part 71 of the Federal Aviation Regula­ with certain modifications.®“ Upon con­ tions is to redesignate the Atlanta, Ga. SUBCHAPTER A— ECONOMIC REGULATIONS sideration of the remaining issues in (Dobbins AFB/NAS Atlanta), control [Reg. ER-574] EDR-130 and the issues in EDR-144, we zone and alter the Atlanta, Ga. (Fulton PART 298— CLASSIFICATION AND have determined to amend Part 298 so as County Airport), control zone. EXEMPTION OF AIR TAXI OPERA­ to: (1) Require all air taxi operators to The above control zones are described register annually with the Board on a in § 71.171 (34 F.R. 4557). TORS prescribed form and to pay an annual fil­ The Atlanta, Ga. (Dobbins AFB/NAS Adopted by the Civil Aeronautics Board ing fee of $10 which will partially recoup Atlanta), control zone is presently effec­ at its office in Washington, D.C., on the the costs to the Board of administering tive 24 hours per day. Since the Airport 23d day of April 1969. the registration and insurance provi­ Traffic Control Tower will begin operat­ In a notice of proposed rule making is­ sions; and (2) provide for a subclassifi­ ing from 0700 to 2300 hours, local time, sued December 5, 1967, EDR-130, Docket cation of air taxi operators which offer daily, effective May 15, 1969, it is neces­ 19352, and published at 32 F.R. 17598, scheduled services tabe designated “com­ sary to alter the description to redesig­ the Board announced its intention to muter air carriers” and which shall, in nate it as a part-time control zone. Addi­ amend Part 298 of the Economic Regula­ addition to filing an annual registration tionally, it is necessary to insert a proviso tions (14 CFR Part 298) so as to require statement, file quarterly traffic reports to exclude the portion within the Atlanta, Board-regulated air taxi operators to and flight schedules. Except as modified Ga. (Fulton County Airport), control carry liability insurance and to register herein, the tentative findings of fact set zone since it will continue in effect 24 with the Board. The notice invited in­ forth in the explanatory statements to hours per day. terested persons to submit pertinent in­ the proposed rules (EDR-130 and EDR- In the Atlanta, Ga. (Fulton County formation and data with respect to the 144, supra) are incorporated herein by Airport), control zone description, there proposed rule. Thirty-four comments reference and made final. - is a proviso to exclude the portion within were recieved including 20 from air taxi Annual registration of all air taxi op­ the Dobbins AFB/NAS Atlanta control operators,1 five from trade associations,* erators. As indicated above, EDR-130 zone. Since this control zone will con­ five from insurance underwriterss and proposed, inter alia, to require all air taxi tinue in effect 24 hours per day, it is nec­ and comments from the Washington operators to register annually with the essary to alter the description to elimi­ State Aeronautics Commission, the Sec­ Board. This was to enable the Board to retary of Transportation, and the pub­ identify air taxi operators and to assure nate this proviso. compliance with the new liability insur­ Since these amendments are either lisher of the Official Airline Guide. Subsequently, by supplemental notice ance requirements with a minimum of editorial or less restrictive in nature, burden on the carriers and within the notice and public procedure hereon are EDR-144, dated September 3, 1968, 33 F.R. 12745, the Board proposed to desig­ limits of the Board’s budgetary capabil­ unnecessary and action is taken herein ity. It would also provide the Board with to amend the control zones accordingly. nate a subclassification of air taxi opera­ tors to be known as “scheduled small air­ very basic information as to the nature In consideration of the foregoing, Part craft operators” and to require them to of the operations of this large class of 71 of the Federal Aviation Regulations file with the Board quarterly traffic re­ carriers. is amended, effective 0901 G.m.t., May 15, ports as well as flight schedules. Pursu­ The Board proposed to require all air 1969, as hereinafter set forth. ant to the supplemental notice, 35 com­ taxi operators to register with the Board In § 71.171 (34 F.R. 4557), the Atlanta, ments were received including 17 from annually by filing a prescribed form in Ga. (Dobbins AFB/NAS Atlanta), con­ air taxi operators,4 13 from civic par- duplicate which includes items such as trol zone is redesignated as follows: their name and place of business, wheth­ Atlanta, G a. (D obbins AFB/NAS Atlanta) 1 Air Wisconsin, Inc. (initial and reply com­ er they carry the prescribed amount of Within a 5-mile radius of Dobbins AFB/ ments), Antilles Air Boats, Inc., Cape & Is­ liability insurance, and whether they NAS Atlanta (lat. 33°55'00” N., long. 84°31'- lands Flight Service, Inc., Commuter Airlines, perform any scheduled services. The Eagle Flightways, Inc,, Executive Air Travel, form was to be accompanied by a cur­ 00” W.); within 2 miles each side of the 105° Hall Aero Enterprises, Horizon Aviation, Inc., bearing from Lost Mountain, Ga., RBN, ex­ Klamath Aircraft, Inc., Lane Aviation Corp., rently valid certificate of liability insur­ tending from the 5-mile radius zone to the Lemmon Aircraft Co., Longenette Flying Serv­ ance and a $10 filing fee. The Board RBN; within 2 miles each side of the NAS ice, Mercury Aviation Corp., Provincetown- would then stamp and return to the car­ Atlanta TACAN 301° radial, extending from Boston Airline, Inc., Clio P. Rebmen, Subur­ rier one of the copies* of the form sub­ the 5-mile radius zone to 7 miles northwest ban Airlines, Trans-East Airlines, Wylie’s mitted, indicating compliance with the Flying Service, Wright Air Lines, Inc., Jack- registration requirement. of the TACAN, excluding the portion within son County Piper Inc. (Richard C. Spring). the Fulton County Airport control zone. This 2 American Trial Lawyers Association, As­ control zone is effective from 0700 to 2300 sociation of Commuter Airlines, Louisiana 5 Brown County Board of Supervisors hours, local time, daily. Surplus Line Association, National Air Taxi (Wis.), Greater Cincinnati Chamber of Com­ Conference (now known as National Air merce and Airport, City of Dayton, Ohio, In § 71.171 (34 F.R. 4557), the Atlanta, Transportation Conferences, Inc.), and The City and County of Denver, Colo., City of Ga. (Fulton County Airport), control New England Council. Fresno, Calif., City of Kansas City, Mo., Louis­ zone is amended to read: * Allman Brothers Inc., Associated Aviation ville and Jefferson County Air Board (Ky.), Underwriters, Insurance Company of North Massachusetts Aeronautics Commission, Mas­ Atlanta, G a. (F u lto n Co u n ty Airport) America, National Aviation Underwriters, U.S. sachusetts Port Authority, Montana Aero­ Within a 5-mile radius of Fulton County Aviation Underwriters. nautics Commission, City of Philadelphia, * Air Wisconsin, Inc., Amistad Airlines Inc., Pa., City of Redlands, Calif., Virginia State Airport (lat. 33°46'47” N.. long. 84°31'20” Antilles Air Boats, Inc., Cable Commuter Corporation Commission, Division of Aero­ W.); within 2 miles each side of the Fulton Airlines, Command Airways, Inc., Commuter nautics. County VOR 276° radial, extending from the Airlines, Davis Airlines, Inc., Executive Air­ 6 Association of Commuter Airlines; Na­ 5-mile radius zone to 7 miles west of the VOR. lines, Inc., Pilgrim Airlines, Princeton Air­ tional Air Taxi Conference. ways, Provincetown-Boston Airlines, Inc.,' 0a ER-564 adopted March 3, 1969, effective (Sec. 307(a), Federal Aviation Act of 1958; Shawnee Airlines, Inc., Sky Tours Hawaii, March 7, 1969, 34 F.R. 4955, modified one of 49 U.S.C. 1348(a); sec. 6(c), Department of Suburban Airlines, Sun Airline Corp., Trans the permissible exclusions in the insurance Transportation Act; 49 U.S.C. 1655(c)) Central Airlines, Washington Airlines. rule.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 RULES AND REGULATIONS 7125

There has been no significant objec­ ing requirement. Concerning the desig­ craft registration number” in Schedule tion to a general registration require­ nation of this class of carriers, the Board A-l of CAB Form 298-C for the term m ent7 and we shall adopt substantially proposed that they be called “scheduled “airframe license number” in order to the procedure proposed. small aircraft operators,” but indicated avoid confusion with a state license num­ Two air taxi operators, one air taxi that consideration would be given to ber; (3) provide traffic data totals and trade association and the Federal Avia­ other names. Upon consideration of all subtotals in the schedules attached to tion Administration (FAA) request that the comments, the Board has determined CAB Form 298-C; and (4) require that additional data be called for in the regis­ to employ the name “commuter air car­ flight schedules be filed on a continuing tration statement. The air taxi operators rier.” We have selected this name be­ basis so that the Board will have avail­ and the trade association would have the cause it appears to be descriptive of this able at all times the complete and cur­ Board require such items as financial re­ class of carriers, should not result in rent flight schedules of commuter air ports, a list of the markets served, the confusion with other classes, and is gen­ carriers. Also, since we shall require com­ total number of passengers and pounds erally supported by the industry. muter air carriers in Hawaii to file of cargo, the types of aircraft used, the The proposed rule defined “scheduled quarterly traffic reports with the Board, load factors and whether the operator is small aircraft operators” (now “com­ we are deleting the existing reporting “FAA manualized” for visual flight rule muter air carriers”) as air taxi operators requirement applicable to their sched­ (VFR) or instrument flight rule (IFR) which perform service between two or uled services (§ 298.21(e)). - operation. In addition, the FAA would more points pursuant to published sched­ The following suggestions are included have the Board require of all air taxis ules or which perform service pursuant among those which the Board has de­ the number of flights, the number of to a contract with the Post Office De­ termined not to adopt. We shall reject passengers making scheduled interline partment for the transportation of mail. (1) the request that the reporting be on connections, the hours flown and the The Association of Commuter Airlines an annual basis after one year because number of gallons of fuel consumed, or, objects to this definition as embracing we believe that the discipline of filing in the alternative, that the “scheduled too large a class of air taxi-operators a quarterly report is required for an in­ small aircraft operators” be required to since it would include an operator which definite period in view of the novelty of provide information concerning their performs only one flight one day a week reporting for this class of carriers; (2) nonscheduled operations as a separate between two points pursuant to pub­ the request that great circle mileages be item on their quarterly traffic reports and lished flight schedules. This objection provided between origin and destination provide such information at least an­ has merit. Accordingly, we shall restrict points, since these data are readily avail­ nually. In that connection, the FAA this subclassification to air taxi opera­ able; (3) the suggestion that the report points out that its 1966 Census of Air tors which perform at least five round include the number of flights scheduled Taxi Operators showed that 82 percent trips per week between two or more and a performance factor, since an ap­ of the flights and 68 percent Of the points pursuant to published schedule, or proximate performance factor can be as­ passengers carried by air taxis were on which carry mail pursuant to a contract certained from a copy of the published nonscheduled flights. with the Post Office Department (see schedules filed with the Board and the We shall not make the requested § 298.2, infra) < traffic reports which show the number modifications. Admittedly, the extent of With respect to the reporting require­ of flights operated; (4) the proposal that the data called for in the registration ments themselves, the principal contro­ the report call for only the number of statement is a judgment determination versy reflects concern of some of the flights scheduled and the number of and it is our considered opinion that, commuter carriers that the reporting of flights completed, rather than a list of taking into account the Board’s regula­ traffic will encourage competitors to all flights operated over each segment, tory needs, its budgetary limitations and “skim off” the good routes since there is because we believe the more detailed in­ the burden imposed on this large class freedom of entry in all domestic markets formation is needed in order to ascertain of relatively small operators, the data and no route protection is afforded air the degree of regulation which should be called for in the registration form in the taxi operators. Accordingly, these car­ accorded this segment of the industry; notice is the proper quantum of infor­ riers, along with two air taxi trade as­ and (5) the request that financial reports mation to be furnished at this time. sociations, ask that the traffic data in as well as traffic data be required either With respect to FAA’s request concern­ Schedule T -l of CAB Form 298-C be from all air taxi operators or at least ing the reporting of nonscheduled opera­ treated as confidential and withheld from commuter air carriers, since the tions of the scheduled air taxi operators, from public disclosure. The issue as to Board is of the view that in imposing the Board’s primary concern at this time whether the traffic data schedules should for the first time a reporting requirement is the reporting of the scheduled services be accorded confidential treatment was on this class of carriers, the minimum of air taxi operators. We shall not, there­ not raised in the notice (EDR-144), and amount of data should be requested.10 fore, expand the coverage of data called the Board wishes to have the benefit of Further, we shall reject the suggestion for in the registration statement. Ex­ the comments of interested persons that cargo capacity should be reported cept for certain editorial modifications, thereon before resolving it. Therefore, in terms of cubic feet, rather than the registration form 8 adopted herein is the Board will finalize the rule in all pounds, when the aircraft is operated in substantially the same as the form at­ respects except as to the issue of public all-cargo configuration. While it is ar­ tached to the notice. disclosure of the traffic data in the quar­ gued that the reporting of cargo capacity Special report for scheduled opera­ terly reports of commuter air carriers. in terms of pounds may not be meaning­ tions. The Board in EDR-144 proposed We shall in the near future institute a ful because of variations in density and that carriers providing service pursuant supplemental rule making proceeding length of trip, the same problem exists to published schedules should be re­ dealing with this issue. If the question in the case of the proposed space method. quired to furnish traffic reports as well is not resolved before the first quarterly Moreover, since cargo traffic must be as copies of published schedules. A num­ reports are due under the new rule, the reported on a pound basis, consistency ber of comments were filed with respect Board will treat Schedule T-l as con­ requires that capacity be reported on the to the designation to be applied to sched­ fidential pending resolution of this same basis. uled air taxi operators as well as numer­ issue. Other modifications were sought with ous comments with respect to the report- We are making certain modifications respect to the publication of schedules. in the proposed rule in light of the com­ Several proposals designed to influence ments received. Thus, we shall (1) per­ the manner of publication of commuter 7 Except for objections of several air taxi mit a carrier to substitute a computer­ operators to the payment of the $10 registra­ ized format for the forms attached to the air carrier schedules in the Official Air­ tion fee and an allegation by one air taxi rule,9 subject to the written approval of line Guide should more appropriately be operator that the requirements of EDR-130 addressed to that publication. Certain would impose an extra burden on small air the Director, Bureau of Accounts and taxi operators. Statistics; (2) substitute the term “air- 8 We shall provide the same registration 10 We recognize that future developments form for both commuter air carriers and for 9 Schedules A-l, T-l and T-2 of CAB Formin this field may require the reporting of other air taxi operators. 298-C. . finanical data of commuter air carriers.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 No. 83- -2 7126 RULES AND REGULATIONS commuter air carriers as well as the Of­ United States Court of Appeals for the exemption on payload capacity of 7,500 ficial Airline Guide wish us to take steps Ninth Circuit in Las Vegas Hacienda, pounds rather than the present Ì2.500 to insure that the carriers’ operations Inc. v. CAB“ as follows: pounds maximum certificated weight of conform with their schedules. It is ob­ The test which the Board applies is an the aircraft would roughly double the vious that to the extent that the public objective one, relying upon what the carrier payload capacity of small aircraft used cannot rely on the published schedules actually does rather than upon the label by air taxi operators and would thus alter of commuter air carriers, the~ usefulness which the carrier attaches to its activity or substantially the nature of the permissi­ of such schedules is impaired. The car­ the purpose which motivates it. So long as ble operations by such air taxis. While riers are cautioned to make every effort the air carrier is competing commercially the Board’s policy is not immutable, in the market for the patronage of the gen­ to publish schedules which are kept cur­ eral public, the Board holds that it is im­ facts have not been presented which rent and complete and in conformity material that the service offered will be at­ would warrant the Board’s taking the with actual operations. However, further tractive only to a limited group; or that it action requested.18 regulatory action on our part is beyond may be performed pursuant to special con­ Reissuance of part. Inasmuch as Part the scope of this proceeding. Moreover, tract. And it is also immaterial that in terms 298 has not been reissued since Decem­ we are not prepared at this time to at­ of the carrier’s own bookkeeping the trans­ ber 1960, and in view of the large number tempt to impose additional regulatory portation may be furnished at cost, at a loss, of outstanding amendments to the part burdens on commuter air carriers. or even without charge. The Board thus and the amendments made herein, the Rather, we believe that such matters interprets the Act in a way which makes effective economic regulation under the Board believes that the part should be must await a sufficient period of time statute possible by bringing within the reissued at this time. for us to gain experience under the lim­ regulatory scheme all those who compete in Therefore, in consideration of the fore­ ited registration and reporting require­ the business of offering air transportation going, the Board hereby amends and ments which we are imposing herein. to the public generally. Clarification of certain terms in the reissues Part 298 of its Economic Regu­ rule has been requested. With respect to With respect to this test, it is to be fur­ lations (14 CFR Part 298), effective reporting capacity on Schedule A-l, the ther noted that a carrier need not under­ July 1, 1969, as set forth below:19 carrier should report actual capacity, i.e., take to serve all the public in order to be Subpart A— General the cargo capacity in the case of all­ considered a common carrier, but may Sec. cargo configuration, the capacity in pas­ limit its transportation services to a class 298.1. Applicability of part. sengers and cargo for combination air­ or segment of the general public, so long 298.2 Definitions. craft, and the number of passenger seats as it expresses a willingness to provide 298.3 Classification. transportation for all within this class or 298.4 Bequests for statement of authority. (excluding crew) for all-passenger air­ 298.5 Separability. craft. We have amended the rule to segment indiscriminately.14 clarify the method for computing avail­ If an air carrier meets the above test Subpart B— Exemptions able pounds (see § 298.64(b) (4)). and engages in the transportation of per­ 298.11 Exemption authority. Certain comments indicate some un­ sons or property only between places 298.12 Effect of exemption on anti-trust certainty with respect to the Board’s within a State, these operations are in laws. jurisdiction over “intrastate carriers” “air transportation” and subject to the 298.13 Duration of exemption. and the applicability of Part 298 to air Board’s jurisdiction, if the aircraft flies 298.14 Approval of certain interlocking taxis operating solely within the bound­ outside the State’s boundaries or if the relationships. aries of a single State. Accordingly, we traffic carried is moving as part of a con­ believe that a brief explanation of the tinuous journey in interstate commerce.16 Subpart C— Limitations on Exemptions Board’s jurisdiction is desirable. Thus, transportation wholly within the 298.21 Scope of service authorized; geo­ Under the Federal Aviation Act of same State constitutes “air transporta­ graphical, equipment and mail tion” if in those operations the carrier service limitations; insurance and 1958, the Board has jurisdiction over air reporting requirements. taxi operators engaged in “air trans­ transports more than a de minimis volume of traffic moving as part of a 298.22 Operation of large aircraft. portation”, which includes “interstate 298.23 Business name of air taxi operator. air transportation” and the “transporta­ continuous journey in air commerce.16 In sum, the question of whether a carrier 298.24 Authority to carry mail in competi­ tion of mail by aircraft.” 11 The full tive markets. statutory definition of “interstate air engages in interstate commerce does not transportation” is set forth in the depend on whether it operates aircraft margin,“ but for present purposes it will only within a State, but whether the 18 The Association of Commuter Airlines be noted that it includes the carriage by traffic it transports is interstate in filed a petition for rule making (Docket aircraft of persons or property (1) “as a character.17 19730) requesting that the Board adopt a Finally, certain other requests are re­ new Part 286 to be applicable only to sched­ common carrier for compensation or uled air taxi operators and to grant them hire,” (2) “in commerce” between the jected both on their merits and because a form of route protection. The matter of States. they pertain to issues which are beyond route protection was considered by the Board The test, which the Board uses in de­ the scope of this proceeding. With re­ when it issued the notice in this proceeding termining whether a carrier operates “as spect to a request to increase the maxi­ (EDR-130, supra) and it decided therein a common carrier for compensation or mum certificated weight for aircraft used that route protection would not be granted hire” was succinctly described by the by air taxi operators from 12,500 pounds at this time. Therefore, Docket 19730 will be to 25,000 pounds, the Board in a recent consolidated herein and the petition of the amendment to Part 298 (ER-549 adopted Association of Commuter Airlines is denied. 1149 U.S.C. 1301. Air transportation also Nov. 29, 1968, effective Jan. 6, 1969) has Similarly, Trans-East Airlines, Inc. filed a includes “overseas” and “foreign” air document entitled “Petition for route pro­ transportation. authorized the use of turbojet aircraft tection and for amendment of Part 298” 12 “* * *. the carriage by aircraft of per­ under 27,000 pounds in charter opera­ (Docket 19354) in which the carrier requests sons or property as a common carrier for tions only, provided that the maximum certain amendments to Part 298 which we compensation or hire or the carriage of mail passenger capacity of the aircraft did not are making herein and, in addition, seeks by aircraft, in commerce between * * *. exceed 12 persons. A proposal to base the “the necessary route protection for the routes (a) a place in any State of the United shown” in a map attached. It is not under­ States, or the District of Columbia, and a stood what the petition seeks in this regard place in any other State of the United States, “ 298 F. 2d 430, 434 (C.A. 9, 1962), cert, and the “necessary route protection” is not or the District of Columbia; or between den. 369 U.S. 885 (1962). specified. If the petition is construed as an places in the same State of the United States “ Transocean A. L., Enforcement Proceed­ application for a certificate, petitioner has through the airspace over any place outside ing, 11 C.A.B. 350, 353 (1950). not complied with Part 201. Therefore, thereof; or between places in the same Ter­ “ Flying Tiger Line, Air-Truck Service, 30 Docket 19354 will be consolidated herein and ritory or possession of the United States, or C.A.B. 242, 244 (1959). the petition of Trans-East Airlines is denied. the District of Columbia * * * whether such' 16 Aspen Airways Exemption, Order E-18023, 19 We have also brought up to date § 298.70 commerce moves wholly by aircraft or partly Feb.14,1962. entitled “Enforcement” to include a refer­ by aircraft and partly by other forms of 17 See Chicago Area Service Case, 23 C.A.B. ence to the civil penalties provision of the transportation.” 552,625 (1956). Act.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1 1969 RULES AND REGULATIONS 7127

Subpart D— Liability Insurance Requirements or property carried; in interstate, over­ the direct air transportation of passen­ Sec. seas or foreign air commerce.20 gers and/or property, and/or in the 298.41 Basic requirements. “Commuter air carrier” means an air transportation within the 48 contiguous 298.42 Minimum limits of liability. taxi operator which (1) performs at States or Hawaii of mail by aircraft, and 298.43 Terms and conditions of insurance least five round trips per week between which: coverage. two or more points and publishes flight (1) Do not, directly or indirectly, 298.44 Authorized exclusions of liability. schedules which specify the times, days utilize in air transportation large air­ 298.45 Cancellation, withdrawal, modifica­ tion, expiration or replacement of of the week and places between which craft (other than turbojet aircraft au­ insurance coverage. such flights are performed, or (2) trans­ thorized for use by air taxi operators ports mail by air pursuant to a current pursuant to § 298.21); Subpart E— Registration for Exemption contract with the Post Office Depart­ (2) Do not hold a certificate of public 298.50 Piling for registration by air taxi ment. convenience and necessity or other eco­ operators. “Large aircraft” means an aircraft nomic authority issued by the Board; 298.51 Processing by the Board, whose maximum certificated takeoff and Subpart F— Reporting of Scheduled Operations by weight is greater than 12,500 pounds. (3) Have and maintain in effect lia­ Commuter Air Carriers “Maximum certificated takeoff weight” bility insurance coverage in compliance with the requirements set forth in Sub- 298.60 Report of scheduled air taxi opera­ means the maximum takeoff weight au­ tions. thorized by the terms of the aircraft air­ part D of this part. 298.61 Piling of flight schedules—current worthiness certificate. (This is found in Provided, however, That any authority schedules and subsequent modifi­ the airplane operating record or in the granted in this part to engage in the cations. ariplane flight manual which is incor­ transportation of mail is limited to the 298.62 Extension of filing time. porated by regulation into the airworthi­ 298.63 Certification, ness certificate.) carriage of mail on a nonsubsidy basis; 298.64 Reporting instructions. “Maximum passenger capacity” means i.e., on a service mail rate to be paid 298.65 Data processing. the maximum passenger capacity listed entirely by the Postmaster General, and in the applicable Federal Aviation Ad­ the air taxi operator shall not be entitled Subpart G— Violations ministration (FAA) type certificate data to any subsidy payment with respect to 298.70 Enforcement. any operations conducted pursuant to sheet (including supplemental type cer­ any authority granted in this part. Au t h o r it y : The provisions of this Part 298 tificates) . (b) A person who does not observe issued under sections 204, 406, 407, 409, 411, “Point” when used in connection with the conditions set forth in paragraph 416, 901, 902, 72 Stat. 743, 49 U.S.C. 1324; 72 any territory or possession of the United Stat. 763 as amended by 76 Stat. 145, 80 Stat. (a) of this section shall not be an air 942, 49 U.S.C, 1376; 72 Stat. 766, 49 U.S.C. States, or the States of Alaska and taxi operator within the meaning of this 1377; 72 Stat. 768, 49 U.S.C. 1379; 76 Stat. Hawaii, means any airport or place part with respect to any operations con­ 769, 49 U.S.C. 1381; 72 Stat. 771, 49 U.S.C. where aircraft may be landed or taken ducted by him while such conditions 1386; 72 Stat. 783, as amended by 76 Stat. off, including the area within a 25-mile are not being observed, and during such 149, 49 U.S.C. 1471; 72 Stat. 784, as amended radius of such airport or place; when periods is not entitled to any of the by 75 Stat. 466, 76 Stat. 150, 76 Stat. 921, 49 used in connection with the continental exemptions set forth in this part. U.S.C. 1472. United States, except Alaska, it shall Subpart A— General have the same meaning except be limit­ § 298.4 Requests for statement of ed to the area within a 3-mile radius of authority. § 298.1 Applicability of part. such airport or place: Provided, That for In any instance where an air taxi op­ This part establishes a classification of the purposes of this part,. West 30th erator is required by a foreign govern­ air carriers known as “air taxi operators,” Street Heliport and Pan Am Building ment to produce evidence of its author­ provides certain exemptions from Title Heliport, both located in New York City, ity to engage in foreign air transporta­ IV of the Federal Aviation Act of 1958, as shall be regarded as separate points. tion under the laws of the United States, amended, for such air carriers, and § 298.3 Classification. the Secretary of the Board will, upon establishes rules and regulations appli­ request, furnish the carrier with a writ­ cable to their operations. This part ap­ (a) There is hereby established aten statement, outlining its general oper­ plies to operations of air taxi operators classification of air carriers, designated ating privileges under this part for pres­ in air transportation in all States, Ter­ “air taxi operators” which engage in entation to the proper authorities of the ritories and possessions of the United foreign government. States of America. “ Section 401(a) of the Federal Aviation § 298.5 Separability. Act of 1958, 49 U.S.C. 1371, prohibits any per­ § 298.2 Definitions. son from engaging in “air transportation“ If any provision of this part or the ap­ As used in this part: except to the extent he is authorized to do plication thereof to any air transporta­ “Act” means the Federal Aviation Act so by the Board. Air transportation as de­ tion, person, class of persons, or circum­ of 1958, as amended. fined in the Act (see section 101 (10) and stances is held invalid, the remainder of (21), 49 U.S.C. 1301) refers to (1) the carriage the part and the application of such pro­ _ “Air taxi operator” means an air car­ of mail by aircraft, and (2) the carriage by rier coming within the classification of aircraft of persons or property as a common vision to other air transportation, per­ “air taxi operators” established by carrier for compensation or hire. With re­ sons, classes of persons, or circumstances § 298.3. spect to persons or property, the term “air shall not be affected thereby. transportation” includes “interstate,” “over­ “Air transportation” means interstate, seas” and “foreign” air transportation. Op­ Subpart B— Exemptions overseas, or foreign air transportation or erations wholly within the geographic limits § 298.11 Exemption authority. the transportation of mail by aircraft. of a single State are not considered “air This includes carriage by aircraft as a transportation” if in those operations the Air taxi operators are exempt from the common carrier between places in the carrier transports no more than a de m inim is following provisions of Title IV of the same State (a) through airspace outside volume of traffic moving as part of a con­ Act: that State (over other States or the Dis­ tinuous journey to or from a point outside the State. For a further discussion of what (a) Subsection 401(a); trict of Columbia or the open sea or for­ constitutes air transportation, see the pre­ (b) Section 403, except that the re­ eign territory) or (b) where such carriage amble to ER-574, pp. 10-11 (mimeo.), 34 quirements of that section shall apply is part of the movement of the passengers F.R. 7124. to tariffs for through rates, fares, and

FEDERAL REGISTER, VOL. 34, NO. 83— -THURSDAY, MAY 1« 1969 7128 RULES AND REGULATIONS charges filed jointly by air taxi opera­ as amended) with respect to any trans­ groups or the consolidation of shipments tors and certificated air carriers; action, interlocking relationship, or for transportation or the solicitation or (c) Subsection 404(a), except the re­ agreement otherwise within the pur­ sale of transportation services) for the quirements that air taxi operators shall view of such sections. transportation .of a group of persons provide safe service, equipment, and fa­ § 298.13 Duration of exemption. and/or their property, as agent or rep­ cilities in connection with air transpor­ resentative of such group. tation; shall observe and enforce just The exemption from any provision of (b) Prohibition of regular service in and reasonable joint rates, fares, and Title IV of the Act provided by § 298.11 markets served by certificated helicopter charges, and just and reasonable clas­ shall continue in effect only until such carriers. An air taxi operator is prohib­ sifications, rules, regulations, and prac­ time as the Board shall find that enforce­ ited from providing air transportation, tices as provided in tariffs filed jointly by ment of such provision would be in the or holding out to the public expressly or air taxi operators and certificated air public interest or would no longer be a by course of conduct, that it provides carriers; and shall establish just, rea­ burden on air taxi operators:. Provided, such transportation regularly or with a sonable, and equitable divisions of such That upon such a finding as to any air reasonable degree of regularity between joint rates, fares, and charges as between taxi operator or class of air taxi opera­ any points where scheduled helicopter air carriers participating therein which tors, such exemption shall to that'extent passenger service, or community center shall not unduly prefer or prejudice any terminate with respect to such operator and interairport service, is provided by of such participating air carriers; or class of operators: And provided fur­ the holder of a certificate of public con­ (d) Subsection 404 (b), except that the ther, That the authorizations to air taxi venience and necessity either in accord­ requirements of that subsection shall operators to engage in the transportation ance with such certificate or pursuant to apply to through service provided pur­ of mail by aircraft within the 48 contig­ exemption order of the Board. (See also suant to tariffs filed jointly by air taxi uous States and Hawaii shall terminate § 298.21(d).) operators and certificated air carriers; on June 30,1969. (c) Air taxi service in Alaska. No serv­ ice in air transportation shall be offered (e) Subsection 405 (b); § 298.14 Approval of certain interlock­ ing relationships. or performed by an air taki operator be­ (f) Subsections 407 (b), (c), and (d); tween points both of which are in the (g) Subsection 408(a); except that no To the extent that any officer or direc­ State of Alaska, or one of which is in exemption is granted hereby for any air tor of an air taxi operator would be in Alaska and the other in Canada, unless taxi operator to enter into any of the violation of any of the provisions of sec­ the air taxi operator also holds authority transactions or relationships prohibited tion 409(a) (3) and (6) by participating from the State of Alaska to operate air­ by subsection 408(a) with any person in interlocking relationships covered by craft of a maximum takeoff weight not who operates large aircraft for compen­ the exemption granted in § 298.11(h), over 12,500 pounds as a common carrier sation or hire, or who engages in air such participation is hereby approved by in intrastate commerce, or has applied transportation from which the air taxi the Board, subject, however, to the pro­ to the Board for, and received, special operator is excluded by the limitations visions of § 298.12. exemption authority (see Subpart D of imposed by § 298.21. Subpart C— Limitations on Exemptions Part 302 of the procedural regulations): N o te: The above exemption is applicable Provided, That the operator is prohibited to air taxi operations only. It does not relieve § 298.21 Scope of service authorized; from rendering the above authorized other persons subject to section 408(a) from geographical, equipment and mail service in air transportation, or holding the obligations of that section with respect service limitations, insurance and re­ out to the public expressly or by course to any relationships they may have with re­ porting requirements. of conduct that it renders such service, spect to air taxi operators. For additional ex­ regularly or with a reasonable degree of emptions from section 408(a) applicable to (a) General scope. Subject to the pro­ air taxi operators, see Part 299 of the Board’s hibitions of paragraphs (b), (c), (d), (f), regularity. Air taxi operators may also Economic Regulations. and (g) of this section, the exemption transport over postal routes Nos. 78150 authority provided to air taxi operators and 78151 or such other designation as (h) Subsection 409(a); except that no by this part shall extend to the direct air may be assigned thereto, and over postal exemption is granted hereby for any air transportation of persons, property and routes designated by the Postmaster taxi operator to enter into any of the mail (subject to the limitations imposed General as “gratuitous routes”, such mail relationships prohibited by subsection in §§ 298.3(a) and 298.13) (1) in aircraft as may be tendered by the Postmaster of 409(a) with any person who operates having a maximum takeoff weight of Alaska for transportation over such large aircraft for compensation or hire, 12,500 pounds or less, and (2) in plane­ routes: Provided, That the foregoing re­ or who engages in air transportation load charter flights in turbojet aircraft strictions on frequency of service in air from which the air taxi operator is ex­ having a maximum certificated takeoff transportation shall not apply to the cluded by the limitations imposed by weight of over 12,500 pounds and under carriage of such mail. § 298.21. 27,000 pounds21 and a maximum pas­ (d) Limitation on use of helicopter, (i) Subsection 412(a): Provided, That senger capacity of not more than twelve STOL or VTOL aircraft. No service by air taxi operators shall not be relieved (12) persons: Provided, however, That helicopter, STOL or VTOL aircraft shall from filing with the Board a true copy, the authorization in subparagraph (2) of be offered or performed by an air taxi or, if oral, a true and complete memo­ this paragraph shall not be applicable to operator between any two points between randum of every contract or agreement operations within the State of Alaska or which scheduled helicopter, STOL or (whether enforceable by provisions of Hawaii. For purposes of this section, VTOL aircraft service is provided by the liquidated damages, penalties, bonds, or “charter flight” means air transportation holder of a certificate of public conven­ otherwise) affecting air transportation, performed by an air taxi operator on a ience and necessity authorizing such between any air taxi operator and any time, mileage or trip basis where the service. (See also § 298.21(b).) person (excluding air carriers) who op­ entire capacity of one or more aircraft (e) [Reserved] erates for compensation or hire, aircraft has been engaged for the movement of (f) Limitations on carriage of mail having a maximum takeoff weight of persons and property (i) by a person for within the 48 contiguous States and more than 12,500 pounds. his own use, or (ii) by a person (no part Hawaii. Within the 48 contiguous States and Hawaii, an air taxi operator shall § 298.12 Effect of exemption on anti­ of whose business is the formation of not be authorized to carry mail between trust laws. any pair of points (1) when there is no The exemption granted in § 298.11 21 The carriers are cautioned that the safety final mail rate, or agreed-upon mail rate from sections 408, 409(a), and 412 of the regulations of the FAA applicable to air taxi filed pursuant to § 298.24(e) for such aircraft in excess of 12,500 pounds may be Act, shall not constitute an order under different from those applicable to aircraft carriage; (2) when an air carrier holds a such sections, within the meaning of sec­ weighing 12,500 pounds or less and that, as certificate of public convenience and tion 414 of the Act, and shall not confer in the case of all operations conducted under necessity pursuant to section 401(d) (1) any immunity or relief from operation of this part, the operations with aircraft in ex­ or (2) of the Act which authorizes serv­ the “antitrust laws,” or any other statute cess of 12,500 pounds must be conducted ice between such pair of points and such (except the Federal Aviation Act of 1958, pursuant to applicable safety regulations. authority has not been suspended; or (3)

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 RULES AND REGULATIONS 7129 when an air carrier holding a certificate part and thereafter within 5 days of ac­ (b) Regular notice of intent to use air of public convenience and necessity pur­ quisition of such interests. They shall be taxi mail service. A notice filed under suant to section 401(d) (1) or (2) of the addressed to the Civil Aeronautics Board, this subsection shall state the name of Act has authority to serve between such Washington, D.C. 20428, Attention of the the air taxi operator who will engage in pair of points by reason of an exemption Bureau of Operating Rights. the carriage of mail if known; the lo­ authorization issued pursuant to section (c) Reporting of operations with largecation of the points between which mail 416(b) (1) of the Act: Provided, how­ aircraft. Any air taxi operator which is to be carried; and the reasons, to­ ever, That with respect to a market operates or intends to operate large air­ gether with supporting data, why the which a certificated helicopter carrier craft for compensation or hire, other Post Office Department deems the pro­ is authorized to serve under an area ex­ than turbojet operations authorized by posed service required to meet the needs emption order, an air taxi operator will § 298.21(a), shall file with the Board a of the Postal System. be prohibited from carrying mail therein description of the method or proposed (c) Expedited notice of intent to use only if there is an approved flight pat­ method of operations and state why such air taxi mail service. In addition to the tern with respect to such market under operations are believed not to constitute information required by § 298.24(b), a Part 376 of this chapter (Board’s special air transportation. Such reports shall notice filed under this subsection shall regulations): Provided further, That this state, among other pertinent matters, contain a factual representation that thè paragraph shall not preclude an air taxi whether State lines or the boundaries of Post Office Department has ascertained operator from carrying mail between any the United States will be crossed; the that no interested certificated route car­ pair of points regarding which there is in ultimate origin and destination (not only rier objects to air taxi mail service be­ effect a notice of intent to use air taxi the places between which carriage is pro­ tween the subject pair of points. Such m a.il service, as provided in § 298.24. The vided) of the persons or property carried; notice shall also identify each interested rules applicable to final mail rate pro­ and the persons with whom contracts certificated route carrier with which the ceedings set forth in Part 302 of this for transportation have been made or are Post Office has discussed the proposed air chapter shall govern the procedure for expected to be made. In case operations taxi mail service. For purposes of this establishing a final mail rate of an air not falling within the description on file subsection, an interested certificated taxi operator for purposes of this part. with the Board are to be undertaken, a route carrier is defined as (1) an air car­ (See §§ 302.300 through 302.321, exclud­ report containing the same data shall be rier holding a certificate of public con­ ing § 302.310 of this chapter:) filed within 3 days after the particulars venience and necessity pursuant to sec­ (g) Prohibition of services not covered of such operations have been decided tion 401(d) (1) or (2) of the Act which by insurance. An air taxi operator is pro­ upon. These reports shall be submitted authorizes service between such pair of hibited from providing air transporta­ in duplicate, by airmail if mailed more points and such authority has not been tion, or holding out to the public ex­ than 200 miles from Washington, D.C., suspended; or (2) an air carrier holding pressly or by course of conduct, that it addressed to the Civil Aeronautics Board, a certificate of public convenience and provides any air transportation for Washington, D.C. 20428, Attention of the necessity pursuant to section 401(d) (1) which there is not in effect liability in­ Bureau of Operating Rights. or (2) of the Act which has authority to surance which complies with the re­ serve between such pair of points by rea­ quirements of Subpart D of this part and § 298.23 Business name of air taxi operator. son of an exemption authorization issued which covers such transportation. pursuant to section 416 (b) of the Act. (h) [Reserved] (a) It shall be an express condition (i) Filing of reports by operators of upon the exercise of the privileges (d) Effective date of notice—protests turbojet aircraft. Air taxi operators herein granted and the operating au­ and objections. Subject to the provisions which engage in air transportation with thorizations issued hereunder, that any of paragraph (e) of this section, a reg­ turbojet aircraft whose maximum cer­ air taxi operator, in holding out to the ular notice of intent to use air taxi mail tificated takeoff weight is over 12,500 public and in performing air transporta­ service filed under paragraph (b) of this pounds shall file with the Board’s Bureau tion services, shall do so only in a section shall be effective to authorize the of Accounts and Statistics, not later than name or names in which its air carrier proposed service upon the expiration of 15 days after the end of each calendar operating certificate is issued pursuant 10 days after the filing of such notice, quarter, a report setting forth the points to section 604 of the Act by the Adminis­ unless within such 10-day period (1) the between which each charter flight per­ trator of the Federal Aviation Adminis­ Board shall issue an order suspending formed with such aircraft is operated tration: Provided, That the Board may such notice, or (2) any person shall file a during such quarter and, with respect to require an air taxi operator to change written protest and objection setting each flight, the number of passengers such name or names where they appear forth grounds why such service would be and/or pounds of cargo transported, the contrary to the public interest. Subject contrary to the public interest. to the provisions of paragraph (e) of charter price, and the model aircraft (b) Slogans shall not be considered used. this section, an expedited notice of in­ names for the purposes of this section, tent to use air taxi mail service filed un­ No t e : Service shall be deemed to be reg­ and their use is not restricted hereby. der paragraph (c) of this section shall be ular within the meaning of this section un­ (c) Neither the provisions of this sec­ less it is of such infrequency as to preclude effective to authorize the proposed serv­ an implication of uniform pattern or normal tion nor the grant of a permission here­ ice upon the expiration of 5 days after consistency of operations between, or within, under shall be deemed to constitute a the filing of such notice, unless within such designated points. finding for purposes other than for this such 5-day period (i) the Board shall section, or to effect a waiver of, or exemp­ issue an order suspending such notice or § 298.22 Operation of large aircraft. tion from any provisions of the Act, or (ii) any person shall file a telegraphic or (a) Prohibition of operation of large orders, rules or regulations issued there­ other written protest stating opposition aircraft in air transportation. Nothing under. to the proposed service. Within 10 days • in this part shall be construed as author­ § 298.24 Authority to carry mail in com­ after the filing of a notice under para­ izing the operation of aircraft having a petitive markets. graph (c) of this section, any person who maximum takeoff weight of more than filed a timely protest thereto shall also 12,500 pounds by air taxi operators in air (a) General scope. An air taxi opera­file a written objection setting forth transportation other than turbojet air­ tor may carry mail between a pair of grounds why such service would be con­ craft authorized for use by air taxi op­ points named in a notice of intent to use trary to the public interest. Within 7 days erators pursuant to § 298.21(a). air taxi mail service which is effective after an objection has been filed, the Post (b) Reporting of interest in large air­ pursuant to this section. Such a notice Office Department may file an answer craft. Every air taxi operator shall report may be filed only by the Post Office De­ thereto. Where a protest has been filed, to the Board any proprietary interest, partment and shall be conspicuously en­ a notice under paragraph (b) or (c) of direct or indirect, in any large aircraft or titled either regular notice of intent to this section shall not be effective unless any enterprise operating large aircraft. use air taxi mail service or expedited and until the Board so orders. Such reports shall be filed in duplicate notice of intent to use air taxi mail (e) Establishment of mail rate. No within 30 days of the effective date of this service. notice filed under paragraph (b) or (c)

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 7130 RULES AND REGULATIONS of this section shall be effective until the business. Notwithstanding the provisions § 298.42 Minimum limits of liability. Post Office Department and the affected of § 298.44 (b), (g), (h), and (j), no air taxi operator have jointly filed with liability insurance will be deemed to (a) The minimum limits of liability the -Board a petition setting forth a comply with this subpart unless it covers coverage maintained by an air taxi op­ mutually agreed-upon rate for the car­ all aircraft which the operator operates erator who carries passengers in air riage of mail and requesting the Board in air transportation and all services transportation shall be: to fix a final mail rate pursuant to section which the operator performs in air (1) Liability for bodily injury to or 406 of the Act. Where a notice filed pur­ transportation. death of aircraft passengers. A limit for any one passenger of at least seventy- suant to paragraph (b) or (c) of this (b) “Certificate of insurance,” as used section states that the Post Office Depart­ five thousand dollars ($75,000), and a herein, means one or more certificates, limit for each occurrence in any one air­ ment has been authorized to petition for evidencing the following: Issuance by such rate by the affected air taxi oper­ craft of at least an amount equal to the one or more insurers of one or more cur­ sum produced by multiplying seventy- ator, the Department may file the peti­ rently effective policies of aircraft liabil­ tion required herein either separately or five thousand dollars ($75,000) by ity insurance in compliance with this seventy-five percent (75%) of the total as part of said notice. If the Board fails to subpart and properly endorsed, which number of passenger seats installed in fix a final mail rate by the date when such alone or in combination provide the the aircraft. notice becomes effective, the mutually minimum coverage prescribed in §298.42. (2) Liability for bodily injury to or agreed-upon rate shall be the basis for When more than one insurer is in­ death of persons (excluding passengers). temporary payment, subject to upward volved in providing the minimum cover­ A limit of at least seventy-five thousand or downward adjustment upon the de­ age prescribed herein, the limits and dollars ($75,000) for any one person in termination of a final mail rate which types of liability assumed by each in­ any one occurrence, and a limit of at shall be retroactive to the date when surer shall be clearly stated in the certi­ least three hundred thousand dollars service was inaugurated. ficate of insurance. The certificate of ($300,000) for each occurrence. (f) Service of documents. A copy of insurance shall also state whether the (3) Liability for loss of or damage to each notice or answer filed by the Post policy of insurance provides coverage for property. A limit of at least one hundred Office Department with the Board under liability for bodily injury to, or death of, thousand dollars ($100,000) for each paragraph (b), (c), or (d) of this section aircraft passengers. In addition, the occurrence. shall be served upon the chief executive certificate of insurance shall state (b) The minimum limits of liability of each interested certificated route car­ whether the policy of insurance excludes coverage maintained by an air taxi op­ rier, as that term is defined in paragraph coverage for operations with any aircraft erator who restricts his operations in air (c) of this section. A copy of each pro­ falling within the groupings specified in transportation to the carriage of mail or test and objection shall be served upon § 298.44(j). Each certificate of insurance, property, or both, shall be those speci­ the Post Office official subscribing the and each endorsement limiting the fied in paragraphs (a)(2) and (3) of this notice and upon any air taxi operator permitted exclusions, shall be signed in section. named therein. Service of each notice ink by an authorized officer or agent of filed under paragraph (c) of this sec­ the insurer and shall be on forms pre­ § 298.43 Terms and conditions of in­ tion shall be made personally or by tele­ scribed and furnished by the Board.22 surance coverage. gram. Service of each notice filed under (c) The insurance coverage and certif­ Liability insurance coverage required paragraph (b) of this section shall be icate required by this subpart shall be by this part shall meet the following made personally, by airmail, or, if as ex­ obtained from one or more (1) reputable minimum requirements: peditious as airmail, by first-class mail. and financially responsible insurance (a) Insurance contracts shall provide Service of ahy answer or protest upon companies or associations which are for payment by theunsurer on behalf of any person may be made by personal licensed to issue aircraft liability policies the insured air taxi operator, within the service, or by first-class or airmail. Each in any State in the United States or in specified limits of liability, of all sums copy of a notice served pursuant to this the District of Columbia, or (2) surplus which the insured carrier shall become subsection shall be accompanied by a line insurers named on a current list of legally obligated to pay as damages for letter of transmittal stating that such approved surplus line insurers promul­ bodily injury to or death of persons, or service is being made pursuant to this gated by the insurance regulatory au­ for loss or damage to property of others part. thority of any State in the United States (except as exclusion of coverage is per­ (g) Filing of documents. An executed or in the District of Columbia: Provided, mitted by § 298.44) resulting from the original and nine copies of each notice, That if any such surplus line insurer insured operator’s negligent operation, answer or objection and protest shall be provides more than ten percent (10%) maintenance or use of aircraft in “air filed with the Docket Section of the Civil of the liability insurance coverage of an transportation,” as that term is defined Aeronautics Board, Washington, D.C. air taxi operator required by this sub­ by the Federal Aviation Act of 1958. 20428. Each such copy shall be accom­ part, it shall maintain, in a bank or (b) The liability of the insurer shall panied by a statement that service has other financial institution organized or apply to all operations by the insured been made in accordance with the provi­ operating under the laws of the United operator in “air transportation,” as that sions of paragraph (f) of this section. States or a State thereof or the District term is defined by the Federal Aviation (h) Other procedural provisions. Ex­ of Columbia, a trust fund of at least Act of 1958. The liability of the insurer cept as otherwise specifically provided three hundred thousand dollars ($300,- shall not be subject to any exclusion by herein, the requirements of Part 302 of 000) for the benefit of its policyholders. virtue of violations, by the insured oper­ the Board’s procedural regulations shall (d) Each air taxi operator shall promi­ ator, of any applicable safety or economic govern notices and other pleadings filed nently post at each place where it deals provision of the Federal Aviation Act or pursuant to this section. with the public a copy of its currently of any applicable safety or economic rule, effective certificate or certificates of in­ regulation, order, or other legally im­ Subpart D— Liability Insurance surance, and shall file a copy of each posed requirement prescribed thereunder Requirements with the Board in accordance with the by the Federal Aviation Administration or the Civil Aeronautics Board or any § 298.41 Basic requirements. provisions of Subpart E of this part. No certificate of insurance shall be posted other State or Federal law or regula­ (a) Each air taxi operator engaging tion. No special waiver or exemption is­ in air transportation shall maintain in unless the policy or policies of insurance sued by the- Federal Aviation Adminis­ effect liability insurance coverage which to which it relates remain in effect. tration or the Civil Aeronautics Board complies with the requirements of this shall affect the insurance afforded by subpart and which is evidenced by a 22 CAB Forms 257 and 262 are filed as part the policy. currently effective policy of insurance, of the original document and can be ob­ (c) The liability of the insurer shall with an attached standard endorsement, tained from the Publications Services Sec­ not be contingent upon the financial con­ available for inspection by the Board tion, Civil Aeronautics Board, Washington, dition, solvency, or freedom from bank­ and the public at its principal place of D.C. 20428. ruptcy of the insured. The limits of the

FEDERAL REGISTER, VOL. 34, NO. 83— -THURSDAY, MAY 1, 1969 RULES AND REGULATIONS 7131 insurer’s liability for the amounts pre­ any government or sovereign power, de had inspections, maintenance, preven­ scribed herein shall apply separately to jure or de facto, or military, naval, or tive maintenance, and alterations per­ each occurrence. Any payment' made Un­ air forces, or by an agent of such gov­ formed when required by the Federal der the policy because of any one occur­ ernment, power, authority, or forces; the Aviation Regulations, or which have not rence shall not reduce the liability of discharge, explosion, or use of any weap­ had such inspections, maintenance, pre­ the insurer for payment of other damages on of war employing atomic fission or ventive maintenance, and alterations resulting from any other occurrence. atomic fusion, or radioactive materials; performed by persons authorized by the (d) Within the limits of liability here­ insurrection, rebellion, revolution, civil Federal Aviation Regulations. in prescribed, the insurer shall not be war, or usurped power, including any ac­ § 298.45 Cancellation, withdrawal, mod­ relieved from liability by any condition, tion in hindering, combating, or defend­ ification, expiration, or replacement warranty, or exclusion in the policy or ing against such an occurrence; or con­ of insurance coverage. any endorsement thereon, or violation fiscation by any government or public thereof by the insured air taxi operator, authority; (a) Each policy of insurance shall other than by the exclusions set forth in (g) Any loss arising from operations specify that, unless replaced as provided § 298.44 or such other exclusions as may within any geographic areas other than in paragraph (b) of this section, it may be individually approved by the Board. the following : not be canceled or withdrawn, or modi­ (e) The policy of insurance shall state (1) Between points in the 48 con­ fied to reduce the limits of liability, until that, pursuant to any statute of any tiguous States, the District of Columbia, after 10 days’ written notice by the in­ State, Territory, or District of the United Canada, and Mexico; surer to the Board’s Bureau of Operating States which makes provision therefor, (2) Between points in Puerto Rico and Rights, Washington, D.C. 20428, which the insurer designates the Superintend­ the Virgin Islands; 10-day notice period shall commence to ent, Commissioner, or Director of Insur­ (3) Between points within the States run from the date such notice is actually ance or other officer specified for that of Alaska and Hawaii; received by the Board. Each policy shall purpose in the statute (or his successor (4) Between points in Alaska and further provide that the insurer will or successors in office) as the insurer’s points in Canada; and notify the Board, 10 days before the attorney upon whom may be served (5) Within any other geographic area expiration date of the policy, unless the process in any action arising out of the for which coverage is specified in the policy has been renewed. policy of insurance. policy of insurance; (b) Policies of aircraft liability insur­ ance, and certificates of insurance ac­ § 298.44 Authorized exclusions of lia­ Provided, That a loss caused by mere cepted by the Board under this part, may bility. misadventure in flying over or landing be replaced by other policies of insurance Unless other exclusions are individual­ in any geographic area not specified in and certificates of insurance conforming ly approved by the Board, no policy or subparagraphs (1) through (5) of this to this subpart. The liability of the retir­ certificate of insurance required by this paragraph shall not be excluded; ing insurer shall be considered termi­ part shall Contain any exclusion other (h) Any loss arising from operations nated as of the effective date of the than the following authorized exclusions; by the named insured to or from installa­ replacement policy of aircraft liability (a) Any loss against which the named tions of the Distant Early Warning Sys­ insurance and certificate of insurance. insured has other valid and collectible tem (DEW line) or the Ballistic Missile insurance, except that the limits of lia­ Early Warning System (BMEWS); Subpart E— Registration for bility provided under this policy shall be (i) Any loss arising from operation of Exemption in excess of the limits provided by such an aircraft (1) without a copilot, if one § 298.50 Filing for registration by air other valid and collectible insurance up is required under the policy of insur­ taxi operators. to the limits certified in a certificate of ance or (2) by a pilot (or pilot and insurance, but in no event exceeding the copilot) net named in or meeting the (a) Every air taxi operator (whether limits of liability expressed elsewhere in qualification, experience, and currency or not he is also a commuter air carrier this policy; requirements provided in the policy of as defined in this part) who is operating (b) Any loss arising from the owner­ insurance; in air transportation as of July 1, 1969, ship, maintenance, or use of any large, (j) Any loss arising from the opera­ shall, on or before that date register with aircraft except, subject to the provisions tion of an aircraft falling within any of the Board and shall re-register annually of paragraph (j) of this section, turbojet the following aircraft groupings, if speci­ thereafter on or before July 1 of each aircraft having a maximum takeoff fied in the policy of insurance: Piston succeeding year. weight of over 12,500 pounds authorized engine rotary-wing; turbine engine ro­ (b) Any person (whether or not he is for use by air taxi, operators pursuant to tary-wing; single engine piston fixed- a commuter air carrier as defined in this § 298.21; wing; multiengine piston fixed-wing; part) who commences operations under (c) Liability assumed by the named single engine turbo prop fixed-wing; this part after July 1, 1969, shall, within insured under any contract or agree- multiengine turbo prop fixed-wing; mul­ 30 days after commencing such opera­ . ment, unless such liability would have tiengine turbo jet fixed-wing; multien­ tions, register with the Board and shall attached to the insured even in the ab­ gine center line thrust fixed-wing; single re-register each year thereafter on the sence of such contract or agreement; engine water alighting fixed-wing; mul­ anniversary date of the original (d) Bodily injury, sickness, disease, tiengine water alighting fixed-wing; registration. mental anguish, or death of any employee Provided, That no grouping shall be so (c) Registration shall be accomplished of the named insured while engaged in specified if any aircraft type falling by filing the following with the Board’s the duties of his employment, or any within such grouping is included within Bureau of Operating Rights, Washing­ obligation for which the named insured the coverage of the policy; ton, D.C. 20428: or any company as his insurer may be (k) Any loss arising from operations held liable under any workmen’s com­ other than the carriage by aircraft of (1) A “Registration for Exemption pensation or occupational disease law; persons or property as a common carrier under Part 298 of the Economic Regula­ (e) Loss of or damage to property for compensation or hire, or the carriage tions of the Civil Aeronautics Board” owned, rented, occupied, or used by, or (CAB Form 298-A) executed in dupli­ of mail by aircraft, in interstate, over­ cate.28 This form shall be certified by a in the care, custody, or control of the seas, or foreign air transportation; responsible official of such carrier and named insured, or carried in or on any (l) Any loss arising from operations shall include the following information: aircraft with respect to which the insur­ with aircraft for which an airworthiness ance afforded by this policy applies; (i) Name of the individual or corpora­ certificate has not been issued, has been tion operating the carrier and trade npme (f) Personal injuries or death, or dam­ surrendered, or has been suspended or of the carrier; (ii) the carrier’s Federal age to or destruction of property, caused revoked by the Administrator of the Fed­ directly or indirectly by hostile or war­ eral Aviation Administration, or has ex­ like action, including action in hinder­ pired by its terms; 28 CAB Form 298-A is filed as part of the ing, combating, or defending against an original document and can be obtained from (m) Any loss arising from operations the Publications Services Section, Civil Aero­ actual, impending or expected attack by with aircraft which, at takeoff, have not nautics Board, Washington, D.C. 20428.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY I , 1969 7132 RULES AND REGULATIONS

Aviation Administration certificate §298.62 Extension of filing time. destination, respectively, of traffic which number; (iii) address of its principal If circumstances prevent the filing of was carried during the reporting period. place of business and its mailing address; a report within the prescribed time limit, (3) Columns (3), (4), and (5) shall (iv) whether the carrier has performed consideration will be given to the grant­ reflect the total number of revenue pas­ at least 5 round trips per week pursuant ing of an extension upon receipt of a sengers, pounds of cargo, and pounds of to published schedules during the pre­ written request therefoi’, addressed to mail, respectively, carried from the point vious 12-month period; and (v) whether the Director, Bureau of Accounts and of on-line origin to the point of on-line the carrier has currently effective insur­ Statistics, Civil Aeronautics Board, destination shown in Columns (1) and ance which complies with Subpart D of Washington, D.C. 20428. Such a request (2 ). this part. must give a .sufficient reason for granting (d) Schedule T-2 shall set forth all (2) A currently effective certificate of the extension, set forth the date when routings for scheduled and mail flights insurance as defined by § 298.41(b). the report can be filed, and be submitted performed by the reporting carrier, with (3) A ten ($10) dollar registration fee. sufficiently in advance of the due date the number of flights performed ajid the This shall be in the form of a check, to permit proper time for consideration aircraft type(s) used on each routing. draft, or postal money order, payable to and communication to the carrier of (1) Column (1) shall set forth the the Civil Aeronautics Board. the action taken. Except in cases of emer­ origin point of each routing. gency, no request for extension will be (2) Column (2) shall set forth the § 298.51 Processing by the Board. entertained which is not received in suffi­ intermediate points on each routing After examination of an operator’s cient time to enable the Board to pass whose origin is listed in Column (1). filing under § 298.50, the Board will thereon before the prescribed due date. When there are two or more intermediate, stamp and return to the carrier the If a request is denied, the carrier remains points on a routing they should be listed duplicate copy of the CAB Form 298-A subject to the filing requirements to the from top to bottom in the order in which filed thereunder. This will serve to con­ same extent as if no request for exten­ the stops are performed. firm that the carrier is registered with sion had been made. (3) Column (3) shall set forth the the Board in compliance with § 298.50 destination point of the routing. and will establish the date for annual § 298.63 Certification. (4) Coliman (4) shall set forth the re-registration. The certificate contained in CAB Form total number of flights performed in the 298-C shall be executed by the officer in reporting quarter over the routing in­ Subpart F— Reporting of Scheduled charge of the carrier’s accounts. dicated in Columns (1)—(3). In instances Operations by Commuter Air § 298.64 Reporting instructions. where more than one type of aircraft is Carriers operated between a pair of points, a sub­ (a) Schedules A-l, T—1, and T-2 of total shall indicate the total number of § 298.60 Report of scheduled air taxi CAB Form 298-C shall be filed quarterly flights by all types of aircraft between operations. by each reporting carrier. The informa­ each pair of points. (a) Each “commuter air carrier” shall tion included in each schedule shall cover (5) Column (5) shall set forth the file CAB Form 298-0,“ entitled “Report only flights performed pursuant to pub­ type of aircraft used on the routing. lished schedules or contracts with the of Scheduled Operations of Commuter § 298.65 Data processing. Air Carriers” in accordance with the pro­ Post Office Department for the trans­ visions of this part and in the manner portation of mail. The information requested in Sched­ set forth in said form, which is made a (b) Schedule A-l shall describe the ules A-l, T -l, or T-2 of CAB Form 298-C part hereof and annexed hereto. aircraft used in scheduled service or mail as provided in § 298.64 may be submitted (b) CAB Form 298-C shall be pre­ service by the carrier. on any comparable form prepared on pared for the quarter ending March 31, (1) Column (1) shall set forth the air­ automatic data processing equipment: June 30, September 30 and December 31 craft registration number of each air­ Provided, however, That such substitute of each calendar year.25 It shall be com­ craft. form has been approved by the Director, pleted in triplicate and filed with the (2) Column (2) shall set forth the Bureau of Accounts and Statistics, Board (i.e., postmarked) not more than type and model of each aircraft listed Washington, D.C. 20428. Data in any forty (40) days after the end of each in Column (1). approved format shall be submitted in triplicate and shall contain the same calendar quarter, and shall be addressed (3) Column (3) shall set forth the to the Civil Aeronautics Board, Attention columnar headings arranged in the same capacity in passenger seats of each air­ sequence as^ the schedules called for in of the Bureau of Accounts and Statistics, craft. Crew seats should not be counted. CAB Form 298-C. Washington, D.C. 20428. (4) Column (4) shall set forth the § 298.61 Filing of flight schedules— carrier’s best estimate in pounds as to Subpart G— Violations current schedules and subsequent total capacity available for cargo in both § 298.70 Enforcement. modifications. cargo and passenger compartments of ■ In case of any violation of the provi­ On or before July 1, 1969, or within 30 each aircraft under normal operating sions of the Act, or this part, or any other days after commencing operations as a conditions over the carrier’s system. Esti­ rule, regulation, or order issued under commuter air carrier, whichever is later, mates should take into consideration the Act, the violator may be subject to each commuter air carrier shall file with both limitations on lift capacity of air­ a proceeding pursuant to sections 1002 the Director, Office of Facilities and craft as well as limitations imposed by and 1007 of the Act before the Board or Operations, Civil Aeronautics Board, the space available for cargo and aver­ a U.S. District Court, as the case may be, Washington, D.C. 20428, a copy of its age density per cubic feet of cargo car­ to compel compliance therewith; or to most recent published flight schedules, ried. If passenger aircraft are also em­ civil penalties pursuant to the provisions along with a statement of rates and fares ployed in all-cargo configuration, give of section 901(a) of the Act; or, in the charged for transportation on scheduled the cargo capacity with all seats in place case of a willful violation, to criminal flights. Thereafter, if any modification and with all seats removed. penalties pursuant to the provisions of in such schedules or statement of rates (c) Schedule T-l shall set forth the section 902(a) of the Act; or other lawful or fares is made, a copy of such modifica­ traffic carried, in each direction, between sanctions including revocation of operat­ tions shall be filed (i.e., postmarked) not the points served by the carrier’s opera­ ing authority. tion. later than ten (10) days after the modi­ No te: The reporting requirements con­ fication becomes effective. (1) Definitions: On-line origin is the tained herein have been approved by the Bu­ point of initial boarding of traffic on the reau of the Budget in accordance with the Federal Reports Act of 1942. 24 CAB Form 298-C is filed as, part of the reporting carrier’s operation. On-line original document and can be obtained from destination is the point of final deplane- By the Civil Aeronautics Board. the Publications Services Section, Civil Aero­ ment of traffic in the reporting carrier’s [seal] H arold R. S anderson, nautics Board, Washington, D.C. 20428. operation. 25 The first report required to be filed under Secretary. this subpart shall be for the quarter com­ (2) Columns (1) and (2) shall reflect [F.R. Doc. 69-5203; Filed, Apr. 30, 1969; mencing July 1, 1969. the points of on-line origin and on-line 8:49 ajn.1

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1969 RULES AND REGULATIONS 7133

seasons. The following comments have may be given a score of 18 to 20 points. Title 7— AGRICULTURE been received regarding the latest pro­ Mixed pieces of irregular sizes and posed changes of 1968: shapes that score 18 to 20 points shall Chapter I— Consumer and Marketing (1) The Canners League of California not be graded above U.S. Grade B, re­ Service (Standards, Inspections, indicates the color limits for both canned gardless of the total score for the prod­ Marketing Practices), Department clingstone and freestone peaches as pro­ uct (this is a partial limiting rule). of Agriculture posed are acceptable provided the limit­ “Good color” means that the peaches ing rule proposed for Grade B classifica­ possess a bright color ranging from yel­ PART 52— PROCESSED FRUITS AND tion for both canned clingstone and free­ lowish orange to orange yellow; and VEGETABLES, PROCESSED PROD­ stone peaches is eliminated. that there may be present units which UCTS THEREOF, AND CERTAIN (2) The Georgia Canners Association, possess “reasonably good color” as representing the freestone peach can­ follows: OTHER PROCESSED FOOD PROD­ ners in the southeastern United States, (1) In the style of halves, quarters, UCTS indicates the color limits for the Grade slices, or whole, not more than 10 per­ Standards for Grades of Canned A and Grade B classifications for canned cent, by count, of the units may possess freestone peaches are acceptable. The “reasonably good color”; or one unit in a Clingstone and Freestone Peaches 1 Association requests, however, that the container is permitted to possess “reason­ Color minimum color limits for the Grade C ably good color”: Provided, That in all classification in the previous standards containers comprising the sample such During the period of July 26, 1967 to remain unchanged. The Association units do not exceed an average of 10 per­ January 1, 1969, two notices of proposed states the limits as proposed for Grade C cent of the total number of units; and rule making to amend the U.S. Standards for canned freestone peaches are too re­ (2) In the styles of diced or mixed For Grades of Canned Clingstone strictive and would create a hardship on pieces of irregular sizes and shapes, not Peaches and of Canned Freestone the peach canners in the southeastern more than 10 percent, by weight, of the Peaches were published in the F ederal area of the United States. drained peaches may possess “reason­ R egister (32 F.R, 10935 and 33 F.R. ably good color.” 2608). An extension of time until March The U.S. Department of Agriculture concludes that the amendments to the (g) (B) Classification. Canned cling­ 1, 1969, to permit interested persons to U.S. Standards for Grades of Canned stone peaches that possess a reasonably submit data, views, and comments on the Clingstone Peaches and of Canned good color may be given a score of 16 or proposals was published in the F ederal Freestone Peaches—as proposed and 17 points. Mixed pieces of irregular sizes R egister of December 27, 1968 (33 F.R. hereby adopted with the following ex­ and shapes that fall into this classifica­ 19846) ceptions—will best serve current produc­ tion shall not be graded above U.S. Grade After consideration of all relevant tion and marketing practices as well as B, regardless of the total score for the matters presented, including the pro­ the consumer: product (this is a partial limiting rule). posals set forth in the aforesaid notices, (1) The limiting rule in the Grade B “Reasonably good color” means that the the U.S. Standards For Grades of classification for both canned clingstone canned clingstone peaches possess a rea­ Canned Clingstone Peaches and of and canned freestone peaches is sonably bright color that may fail to Canned Freestone Peaches are hereby eliminated. meet minimum color requirements for amended, pursuant to the Agricultural (2) The minimum color level for Grade A but is equal to or better than Marketing Act of 1946 (secs. 202-208, 60 Grade C in the previous canned free­ light orangish-yellow, that the units may Stat. 1087, as amended; 7 U.S.C. 1621- stone peach grade standards is retained. possess slight discoloration due to oxi­ 1627), as follows: No other changes from the proposals dation, pit pigmentation, or other causes Statement of consideration leading to except of an editorial nature and to in­ which does not more than slightly af­ the amendments. Upon request of the corporate the aforementioned modifica­ fect the appearance or edibility, or both, peach canning industry in California the tions are being made at this time. of the product; and that there may be U.S. Department of Agriculture proposed present Units which possess “fairly good changes in 1967 and 1968 relative to color Subpart— U.S. Standards for Grades color” as follows: requirements for Grades A, B, and C in of Canned Clingstone Peaches (1) 'In the style of halves, quarters, the U.S. Standards for Grades of Canned Change § 52.2572 in its entirety and slices, or whole, not more than 10 per­ Clingstone Peaches and of Canned Free­ substitute the following: cent, by count, of the units may possess stone Peaches. Previous grade standards “fairly good color”; or one unit in a provided for the same minimum color § 52.2572 Color. container is permitted to possess “fairly level for Grade A and Grade B in both (a) General. (1) The color of canned good color”: Provided, That in all con­ canned clingstone and freestone peaches. clingstone peaches other than canned tainers comprising the sample such units The changes, as proposed, provided for “spiced” peaches refers to the predomi­ do not exceed an average of 10 percent separate levels for Grade A and Grade B. nant and characteristic color on the sur­ of the total number of units; and The minimum color level proposed for face of whole units, and the outside (2) In the style of diced or mixed Grade A was slightly higher, while the surfaces of other units, except the cut pieces of irregular sizes and shapes, not minimum level proposed for Grade B was surfaces of such units are also consid­ more than 10 percent, by weight, of the considerably lower than previously re­ ered when adversely affected by dis­ drained peaches may possess “fairly good quired. The proposed Grade C limit was coloration. Units other than whole on color.” slightly more restrictive than the previ­ which the pit cavity is abnormally dis­ (d) (C), CD), and (C-SP) Classifica­ ous minimum color limit for that grade. colored are considered under the factor tion. Canned clingstone peaches and In addition, the U.S. Department of of absence of defects only. canned solid-pack clingstone peaches Agriculture proposed a limiting rule to be (2) The factor of color for cannedthat possess a fairly good color may be applied to the Grade B level for color. “spiced” peaches is not based on any de­ given a score of 14 or 15 points. Canned Previous standards did not provide for a tailed requirement and is not scored but clingstone peaches or canned “solid- limiting rule in that grade classification. the color shall be normal for canned pack” clingstone peaches that fall into The proposed changes were studied by “spiced” peaches; the other three fac­ this classification shall not be graded the industry and the Department of Agri­ tors (uniformity of size and symmetry, above U.S. Grade C or U.S. Grade C culture during the 1967 and 1968 canning absence of defects, and character as ap­ Solid-Pack, whichever is applicable, re­ plicable) are scored and the total is gardless of the total score for the prod­ uct (this is a limiting rule), “Fairly good 1 Compliance with the provisions of these multiplied by 100 and divided by 80, standards shall not excuse failure to comply dropping any fractions to determine the color” means that the peaches possess a with the provisions of the Federal Food, total score. color that may fail to meet minimum Drug, and Cosmetic Act or with applicable (b) (A) Classification. Canned cling­ color requirements for Grade B but is state laws and regulations. stone peaches that possess a good color equal to or better than greenish-yellow;

No. 83- FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 7134 RULES AND REGULATIONS that the units may possess slight dis­ means th at the peaches possess a bright mentation, or other causes which does coloration due to oxidation, pit pig­ -color ranging from pale yellowish-orange not materially affect the appearance or mentation, or other causes which do not to orange-yellow; and that there may edibility, or both, of the product; and materially affect the appearance or edi­ be present units which possess “reason­ that the units may possess other color as bility, or both, of the product; and that ably good color” as follows: follows: the units may possess other color as (1) In the style of halves, quarters, (1) In the style of halves, quarters, follows: slices, or whole, not more than 10 per­ slices, or whole, not more than 10 per­ (1) In the style of halves, quarters, cent, by count, of the units may possess cent, by count, of the units may fail to slices, or whole, not more than 10 per­ “reasonably good color”; or one unit in meet the minimum color for Grade C or cent, by count, of the units may fail to a container is permitted to possess “rea­ may be off-color; or one unit in a con­ meet the minimum color for Grade C or sonably good color”: Provided, That in tainer is permitted to possess such may be off-color; or one unit in a con­ all containers comprising the sample color: Provided, That in all the con­ tainer is permitted to possess such color: such units do not exceed an average of tainers comprising the sample such units Provided, That in all containers compris­ 10 percent of the total number of units; do not exceed an average of 10 percent ing the sample such units do not exceed and of the total number of units; and an average of 10 percent of the total (2) In the style of diced or mixed (2) In the style of diced or mixed number of units. pieces of irregular sizes and shapes, not pieces of irregular sizes and shapes, not (2) In the style of diced or mixed more than 10 percent, by weight, of the more than 10 percent, by weight, of the pieces of irregular sizes and shapes, not drained peaches may possess “reasonably drained peaches may consist of units that more than 10 percent, by weight, of the good color.” fail to meet the minimum color require­ drained peaches may consist of units (c) (-B) Classification. Canned free­ ments for Grade C or may be off-color: that fail to meet the minimum color for stone peaches that possess a reasonably Provided, That such units do not ma­ Grade C or may be off-color: Provided, good color may be given a score of 16 or terially affect the appearance of the That such units do not materially affect 17 points. Mixed pieces of irregular sizes product. the appearance of the product. and shapes that fall into this classifica­ ' (e) (Sstd.) and (Sstd-SP) Classifica­ (e) (SStd) and (SStd-SP) Classifica­tion shall not be graded above U.S. tion. Canned freestone peaches and tion. Canned clingstone peaches and Grade B, regardless of the total score for canned “solid-pack” freestone peaches canned “solid-pack” clingstone peaches the product (this is a partial limiting that fail to meet the requirements of that fail to. meet the requirements of rule). “Reasonably good color” means paragraph (d) of this section may be paragraph (d) of this section may be that the canned freestone peaches pos­ given a score of 0 to 13 points and shall given a score of 0 to 13 points and shall sess a reasonably bright color that may not be graded above Substandard or Sub­ not be graded above Substandard or Sub­ fail to meet minimum color requirements standard Solid-Pack, whichever is appli­ standard Solid-Pack, whichever is appli­ for Grade A but is equal to or better cable, regardless of the total score for the cable, regardless of the total score for than pale yellow; that the units may product (this is a limiting rule). the product (this is a limiting rule). possess slight discoloration due to oxida­ (Sec. 205, 60 Stat. 1090, as amended; 7 U.S.C. tion, pit pigmentation, or other causes 1624) Subpart— U.S. Standards for Grades which does not more than slightly affect of Canned Freestone Peaches the appearance or edibility, or both, of These amendments shall be effective Change § 52.2610 in its entirety and the product; and that there may be pres­ June 1, 1969. substitute the following: ent units which possess “fairly good Dated: April 28,1969. color” as follows: §52.2610 Color. (1) In the style of halves, quarters, G. R. Grange, slices, or whole, not more than 10 per­ Deputy Administrator, (a) General. (1) The color of canned Marketing Services. freestone peaches other than canned cent, by count, of the units may possess “spiced” peaches refers to the predomi­ “fairly good color” ; or one unit in a con­ [F.R. Doc. 69-5214; Filed, Apr. 30, 1969; nant and characteristic color on the sur­ tainer is permitted to possess “fairly 8:50 a.m.] face of whole units and the outside sur­ good color”: Provided, That in all con­ tainers comprising the sample such units faces of other units, except the cut sur­ Chapter IX— Consumer and Market­ faces of such units are also considered do not exceed an average of 10 percent when adversely affected by discoloration. of the total number of units; and ing Service (Marketing Agreements Units other than whole on which the pit (2) In the style of diced or mixed and Orders; Fruits, Vegetables, cavity is abnormally discolored are con­ pieces of irregular sizes and shapes, 10 Nuts), Department of Agriculture sidered under the factor of “absence of percent, by weight, of the drained [Navel Orange Reg. 180] defects” only. peaches may possess “fairly good color.” (2) The factor of color for canned (d) (C), (D), and (C-SP) Classifica- PART 907— NAVEL ORANGES “spiced” peaches is not based on any de­ .tion. Canned freestone peaches that pos­ GROWN IN ARIZONA AND DESIG­ tailed requirement and is not scored but sess a fairly good color and canned NATED PART OF CALIFORNIA the color shall be normal for canned “solid-pack” freestone peaches that “spiced” peaches; the other three fac­ possess a fairly good color or better color Limitation of Handling tors (uniformity of size and symmetry, may be given a score of 14 or 15 points. § 907.480 Naval Orange Regulation 180. absence of defects, and character as ap­ Canned freestone peaches or canned plicable) . are scored and the total is “solid-pack” freestone peaches that fall (a) Findings. (1) Pursuant to the multiplied by 100 and divided by 80, into this classification shall not be marketing agreement, as amended, and dropping any fractions to determine the graded above U.S. Grade C or U.S. Grade Order No. 907, as amended (7 CFR Part total score. C Solid-Pack, whichever is applicable, 907, 33 F.R. 15471), regulating the han­ (b) (A) Classification. Canned free­ regardless of the total score for the prod­ dling of Navel oranges grown in Arizona stone peaches th at possess a good color uct (this is a limiting rule). “Fairly good and designated part of California, effec­ may be given a score of 18 to 20 points. color” means that the peaches possess a tive under the applicable provisions of color that may fail to meet minimum the Agricultural Marketing Agreement Mixed pieces of irregular sizes and shapes Act of 1937, as amended (7 U.S.C. 601- that score 18 to 20 points shall not be color requirements for Grade B but is 674), and upon the basis of the recom­ graded above U.S. Grade B, regardless •equal to or better than a dull greenish mendations and information submitted of the total score for the product (this yellow; that the units may possess slight by the Navel Orange Administrative is a partial limiting rule). “Good color” discoloration due to oxidation, pit pig­ Committee, established under the said

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 RULES AND REGULATIONS 7135 amended marketing agreement and or­ [Valencia Orange Reg. 274] period herein specified; and compliance der, and upon other available informa­ PART 908—VALENCIA ORANGES with this section will not require any spe­ tion, it is hereby found that the limita­ cial preparation on the part of persons tion of handling of such Navel oranges, GROWN IN ARIZONA AND DESIG­ subject hereto which cannot be com­ as hereinafter provided, will tend to ef­ NATED PART OF CALIFORNIA pleted on or before the effective date fectuate the declared policy of the act. hereof. Such committee meeting was held (2) It is hereby further found that it Limitation of Handling on April 29,1969. is impracticable and contrary to the pub­ § 908.574 Valencia Orange Regulation (b) Order. (1) The respective quanti­ lic interest to give preliminary notice, 274. ties of Valencia oranges grown in Arizona engage in public rule-making procedure, (a) Findings. (1) Pursuant to theand designated part of California which and postpone the effective date of this marketing agreement, as amended, and may be handled during the period May 2, section until 30 days after publication Order No. 908, as amended (7 CFR Part hereof in the F ederal R egister (5 U.S.C. 1969, through May 8, 1969, are hereby 908, 33 F.R. 19829), regulating the han­ fixed as follows: 553) because the time intervening be­ dling of Valencia oranges grown in tween the date when information upon Arizona and designated part of Cali­ (1) District 1: 424,000 cartons; which this section is based became avail­ fornia, effective under thç applicable (ii) District 2: 168,000 cartons; able and the time when this section must (iii) District 3: 208,000 cartons. become effective in order to effectuate provisions of the Agricultural Marketing the declared policy of the act is insuffi­ Agreement Act of 1937, as amended (7 (2) As used in this section, “handler,” cient, and a reasonable time is permitted, U.S.C. 601-674), and upon the basis of “District 1,” “District 2,” “District 3,” under the circumstances, for preparation the recommendations and information and “carton” have the same meaning as for such effective time; and good cause submitted by the Valencia Orange Ad­ when used in said amended marketing exists for making the provisions hereof ministrative Committee, established un­ agreement and order. effective as hereinafter set forth. The der the said amended marketing agree­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. ment and order, and upon other available 601-674) committee held an open meeting during information, it is hereby found that the the current week, after giving due notice Dated: April 30, 1969. thereof, to consider supply and market limitation of handling of sùch Valencia conditions for Navel oranges and the oranges, as hereinafter provided, will F loyd F. H edlund, need for regulation; interest persons were tend to effectuate the declared policy of Director, Fruit and Vegetable afforded an opportunity to submit infor­ the act. Division, Consumer and Mar­ mation and views at this meeting; the (2) It is hereby further found that it keting Service. 1 recommendation and supporting infor­ is impracticable and contrary to the pub­ [F.R. Doc. 69-5338; Filed, Apr. 30, 1969; mation for regulation during the period lic interest to give preliminary notice, 11:26 a.m.] specified herein were promptly submitted engage in public rule-making procedure, to the Department after such meeting and postpone the effective date of this was held; the provisions of this section, [966.306, Arndt. 5] including its effective time, are identical section until 30 days after publication PART 966— TOMATOES GROWN IN with the aforesaid recommendation of hereof in the F ederal R egister (5 U.S.C. FLORIDA the committee, and information con­ 553) because the time intervening be­ cerning such provisions and effective time tween the date when information upon Limitation of Shipments has been disseminated among handlers which this section is based became avail­ Findings, (a) Pursuant to Marketing of such Navel oranges; it is necessary, in order to effectuate the declared policy of able and the time when this section must Agreement No. 125 and Order No. 966, the act, to make this section effective became effective in order to effectuate both as amended (7 CFR Part 966), reg­ during the period herein specified; and the declared policy of the act is insuffi­ ulating the handling of tomatoes grown compliance with this section will not re­ cient, and a reasonable time is permitted, in the production area, effective under quire any special preparation on the part under the circumstances, for preparation the applicable provisions of the Agri­ of persons subject hereto which cannot for such effective time; and good cause be completed on or before the effective cultural Marketing Agreement Act of date hereof. Such committee meeting was exists for making the provisions hereof 1937, as amended (7 U.S.C. 601 et seq.), held on April 29,1969. effective as hereinafter set forth. The and upon the basis of the recommenda­ (b) Order. (1) The respective quanti­committee held an open meeting during tion and information submitted by the ties of Navel oranges grown in Arizona the current week, after giving due notice Florida Tomato Committee, established and designated part of California which thereof, to consider supply and market pursuant to said marketing agreement may be handled during the period May 2, conditions for Valencia oranges and the 1969, through May 8, 1969, are hereby and order, and upon other available in­ fixed as follows: need for regulation; interested persons formation, it is hereby found that the (i) District 1: 664,000 cartons; were afforded an opportunity to submit amendment to the limitation of ship­ „ (ii) District 2: 136,000 cartons; information and views at this meeting; ments hereinafter set forth is necessary (iii) District 3 : Unlimited movement. the recommendation and supporting in­ and this action is being taken to effec­ 02) As used in this section, “handled,” formation for regulation during the pe­ tuate the declared policy of the act in the “District 1,” “District 2,” “District 3,” and riod specified herein were promptly sub­ circumstances now presented. “carton” have the same meaning as when mitted to the Department after such used in said amended marketing agree­ (b) It is hereby found that it is im­ ment and order. meeting was held; the provisions of this practicable and contrary to the public section, including its effective time, are (Secs. 1- 19, 48 Stat. 31, as amended; 7 U.S.C. interest to give preliminary notice, or 601-674) identical with the aforesaid recom­ engage in public rule making procedure, mendation of the committee, and infor­ Dated: April 30, 1969. and that good cause exists for not post­ mation concerning such provisions and F loyd F. Hedlund, poning the effective date of this amend­ Director, Fruit and Vegetable effective time has been disseminated ment until 30 days after publication in Division, Consumer and Mar­ among handlers of such Valencia the F ederal R egister (5 U.S.C. 553) be­ keting Service. oranges; it is necessary, in order to effec­ cause (1) the time intervening between [F.R. Doc. 69-5337; Filed, Apr. 30, 1969; tuate the declared policy of the act, to the date when the information upon 11:26 a.m.] make this section effective during the which this amendment is based became

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 7136 RULES AND REGULATIONS available and the time when this amend­ ously made in connection with the issu­ ified in section 8c (9) of the Act) of more ment must become effective in order to ance of the aforesaid order and of the than 50 percent of the milk, which is effectuate the declared policy of the Act previously issued amendments thereto; marketed within the marketing area, to is insufficient, (2) compliance with this and all of said previous findings and sign a proposed markèting agreement, amendment will not require any special determinations are hereby ratified and tends to prevent the. effectuation of the preparation by handlers, (3) information affirmed, except insofar as such findings declared policy of the Act; regarding the committee’s recommenda­ and determinations may be in conflict (2) The issuance of this order, amend­ tion has been made available to pro­ with the findings and determinations set ing the order, is the only practical means, ducers and handlers in the production forth herein. pursuant to the declared policy of the area, and (4) this amendment relieves (a) Findings upon the basis of the act, of advancing the interests of pro­ restrictions on the handling of produc­ hearing record. Pursuant to the provi­ ducers as defined in the order as hereby tion area tomatoes. sions of the Agricultural Marketing amended; and Order, as amended. In § 966.306, Limi­ Agreement Act of 1937, as amended (7 (3) The issuance of the order amend­ tation of shipments (33 F.R. 16330,17310, U.S.C. 601 et seq.), and the applicable ing the order is approved or favored by at 19161; 34 F.R. 128, 6326), paragraphs (a) rules of practice and procedure govern­ least two-thirds of the producers w£o and (b) are hereby amended to read as ing the formulation of marketing agree­ during the determined representative follows: ments and marketing orders (7 CFR Part period were engaged in the production of 900), a public hearing was held upon cer­ milk for sale in the marketing area. § 966.306 Limitation of shipments. tain proposed amendments to the tenta­ Order relative to handling. It is there­ * * * * * tive marketing agreement and to the fore ordered, that on and after the ef­ (a) Minimum grade and size. No per­ order regulating the handling of milk fective date hereof, the handling of milk son shall handle any lot of tomatoes for in the Des Moines, Iowa, marketing area. in the Des Moines, Iowa, marketing area shipment outside of the regulation area Upon the basis of the evidence intro­ shall be in conformity to and in com­ unless they meet one of the following duced at such hearing and the record pliance with the terms and conditions of m inim um grade and size requirements: thereof, it is found that: the aforesaid order, as amended, and (1) U.S. No. 3 grade, 2%2 inches mini­ ( 1 ) The said order as hereby amended, as hereby further amended as follows: mum diameter; or and all of the terms and conditions there­ Definitions (2) Ü.S. No. 2, or better grade, 2%a of, will tend to effectuate the declared Sec. inches minimum diameter. policy of the Act; 1079.1 Act. (3) Not more than 10 percent, by (2) The parity prices of milk, as deter­ 1079.2 Secretary. count, of the tomatoes in any lot may be mined pursuant to section 2 of the Act, 1079.3 Department. are not reasonable in view of the price 1079.4 Person. smaller than the specified minimum 1079.5 Cooperative association. diameter. of feeds, available supplies of feeds, and 1079.6 Des Moines, Iowa, marketing area. (b) Size classification. (1) No person other economic conditions which affect 1079.7 .. Producer. shall handle for shipment outside the market supply and demand for milk in 1079.8 Distributing plant. regulation area any tomatoes unless they the said marketing area, and the mini­ 1079.9 Supply plant. are sized within one or more of the fol­ mum prices specified in the order as 1079.10 Pool plant. lowing ranges of diameters (expressed in hereby amended, are such prices as will 1079.11 Nonpool plant. reflect the aforesaid factors, insure a 1079.12 Handler. terms of minimum and maximum). 1079.13 Producer-handler. Measurement of minimum and maxi­ sufficient quantity of pure and whole­ 1079.14 Producer milk. mum diameter shall be in accordance some milk, and be in the public interest; 1079.15 Fluid milk product. with the method prescribed in paragraph and 1079.16 Other source milk. (c) of § 51.1860 of U.S. Standards for (3) The said order as hereby amended, 1079.17 Base zone. Grades of Fresh Tomatoes (§§ 51.1855 to regulates the handling of milk in the 1079.18 Chicago butter price. 51.1877 of this title). \ same manner as, and is applicable only to persons in the respective classes of Market Administrator Size classification: Diameter (inches) industrial or commercial activity speci­ 1079.25 Designation. 7 x 7 ______2%2 to2%2,inclusive. fied in, a marketing agreement upon 1079.26 Powers. 6 x 7 ______Over 2%2 to 2i%2, inclusive. 1079.27 Duties. 6 x 6 ______Over 2i%2 to 22%2, inclusive. which a hearing has been held. 5 x 6______Over 22%2. (b) Additional findings. It is necessary Reports, Records and Facilities ***** in the public interest to make this order 1079.30 Reports of receipts and utilization. amending the order effective not later 1079.31 Other reports. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.O. than May 1,1969. Any delay beyond that 1079.32 Records and facilities. 601-674) date would tend to disrupt the orderly 1079.33 Retention of records. Effective date. Dated: April 25, 1969, marketing of milk in the marketing area. Classification to become effective April 25,1969. The provisions of the said order are 1079.40 Skim milk and butterfat to be F loyd F. H edltxnd, known to handlers. The recommended classified. Director, Fruit and Vegetable decision of the Deputy Administrator was 1079.41 Classes of utilization. Division, Consumer and Mar­ issued April 14, 1969, and the decision of 1079.42 Shrinkage. keting Service. the Assistant Secretary containing all 1079.43 Responsibility of handlers and re­ amendment provisions of this order was classification of milk. [F.R. Doc. 69-5189; Filed, Apr. 30, 1969; issued April 25, 1969. The changes ef­ 1079.44 Transfers. 8:48 a.m.] 1079.45 Computation of the skim milk and fected by this order will not require butterfat in each class. extensive preparation or substantial 1079.46 Allocation of skim milk and but­ Chapter X— Consumer and Marketing alteration in method of operation for terfat classified. handlers. In view of the foregoing, it is Service (Marketing Agreements and Min im u m P rices Orders; Milk), Department of Agri­ hereby found and determined that good cause exists for making this order 1079.50 Basic formula and class prices. culture amending the order effective May 1,1969, 1079 51 Butterfat differentials to handlers. [Milk Order 79] and that it would be contrary to the pub­ 1079.52 Location differentials to handlers. PART 1079— MILK IN DES MOINES, lic interest to delay the effective date of 1079.53 Use of equivalent prices. IOWA, MARKETING AREA this amendment for 30 days after its pub­ Application of Provisions lication in the F ederal R egister. (5 Order Amending Order U.S.C. 553(d) (1966)) 1079.60 Producer-handler. 1079.61 Plants subject to other Federal Findings and determinations. The find­ (c) Determinations. It is hereby de­ orders. ings and determinations hereinafter set termined that: 1079.62 Obligations of handler operating a forth are supplementary and in addition (1) The refusal or failure of handlers partially regulated distributing to the findings and determinations previ­ (excluding cooperative associations spec­ plant.

FEDERÀL REGISTER, VOL. 3 4 , NO. 83— THURSDAY, MAV 1, 1969 RULES AND REGULATIONS 7137

D etermination o p U n ifo r m P rice § 1079.6 Des Moines, Iowa, marketing of the Grade A milk received at such Sec. » area. plant from dairy farmers during such 1079.70 Computation of the net pool obli­ “Des Moines, Iowa, marketing area” month: Provided, That if such shipments gation of each pool handler. are not less than 50 percent of the re­ 1079.71 Computation of aggregate value (hereinafter called the “marketing used to determine uniform price. area”), means all the territory within ceipts of Grade A milk directly from 1079.72 Computation of uniform price. the boundaries of the city of Grinnell dairy farmers at such plant during the and the counties of Adair, Appanoose, immediately preceding period of Septem­ P aym ent for Mil k Boone, Clarke, Dallas, Decatur, Greene, ber through November, such plant shall 1079.80 Time and method of payment. Guthrie, Jasper, Lucas, Madison, Ma­ be a pool plant for the months of March 1079.81 Butterfat differentials- to pro­ haska, Marion, Monroe, Polk, Story, Un­ through June, unless written application ducers. is filed with the market administrator on 1079.82 Location differentials to producers. ion, Warren, Wapello, and Wayne, all in the State of Iowa, including territory or before the 15th day of any of the 1079.83 Producer-settlement fund. months of March, April, May, or June 1079.84 Payments to the producer-settle­ within such boundaries which is occu­ ment fund. pied by government (municipal, State or to be designated a nonpool plant for such 1079.85 Payments out of the producer- Federal) reservations, installations, in­ month and for each subsequent month settlement fund. stitutions, or other establishments. through June of the same year: And pro­ 1079.86 Adjustment of accounts. vided further, That if a portion of a plant 1079.87 Marketing services. § 1079.7 Producer. is physically apart from the Grade A 1079.88 Expense of administration. “Producer” means any person, except portion of such plant, is operated sep­ 1079.89 Termination of obligations. a producer-handler as defined in any arately and is not approved by any health Effective T im e , Su spe n sio n or T erm in a tio n order (including this part) issued pur­ authority for the receiving, processing or 1079.90 Effective time. suant to the Act, who produces milk in packaging of any fluid milk product for 1079.91 Suspension or termination. compliance with Grade A inspection re­ Grade A disposition, it shall not be con­ 1079.92 Continuing power and duty of the quirements of a duly constituted health sidered as part of a pool plant pursuant market administrator. authority which milk is received by a to this'section. 1079.93 Liquidation after suspension or handler as producer milk. termination. §1079.11 Nonpool plant. § 1079.8 Distributing plant. Miscellaneous P rovisions “Nonpool plant” means any milk re­ “Distributing plant” means a plant ceiving, manufacturing or processing 1079.100 Separability of provisions. which is approved by an appropriate plant other than a pool plant. The fol­ 1079.101 Agents. health authority for the processing or lowing categories of nonpool plants are Au t h o r ity : The provisions of this Part packaging of Grade A milk and from further defined as follows: 1079 issued under secs. 1-19, 48 Stat. 31, as which any fluid milk product is disposed (a) “Other order plant” means a amended; 7 U.S.C. 601-674. of during the month on routes (includ­ plant that is fully subject to the pricing D efinitions ing routes operated by vendors) or and pooling provisions of another order issued pursuant to the Act. § 1079.1 Act. through plant stores to retail or whole­ sale outlets (except pool plants) located (b) “Producer-handler plant” means “Act” means Public Act,No. 10, 73d in the marketing area. a plant operated by a producer-handler Congress, as amended and as reenacted as defined in any order (including this and amended by the Agricultural Mar­ § 1079.9 Supply plant. part) issued pursant to the Act. keting Agreement Act of 1937, as * “Supply plant” means a plant from (c) “Partially regulated distributing amended (7 U.S.C. 601 et seq.). which milk, skim milk or cream which is plant” means a nonpool plant that is § 1079.2 Secretary. acceptable to the appropriate health au­ neither an other order plant nor a pro­ “Secretary” means the Secretary of thority for distribution in the marketing ducer-handler plant, from which fluid Agriculture of the United States or any area under a Grade A label is shipped milk products labeled Grade A in con­ officer or employee of the United States during the month to a pool plant quali­ sumer-type packages or dispenser units authorized to exercise the powers or to fied pursuant to § 1079.10. are distributed on routes in the market­ perform the duties of the said Secretary § 1079.10 Pool plant. ing area during the month. of Agriculture. (d) “Unregulated supply plant” means “Pool plant” means: a nonpool plant that is a supply plant § 1079.3 Department. (a) A distributing plant from which a and is neither an other order plant nor a volume of Class I milk equal to not less producer-handler plant. “Department” means the U.S. Depart­ than 35 percent of the Grade A milk re­ ment of Agriculture or any other Federal ceived at such plant from dairy farmers § 1079.12 Handler. Agency authorized to perform the price and from other plants is disposed of dur­ reporting functions of the U.S. Depart­ “Handler” means: (a) Any person in ing the month on routes (including his capacity as the operator of one or ment of Agriculture. routes operated by vendors) or through more pool plants, (b) any cooperative § 1079.4 Person. plant stores to retail or wholesale outlets association with respect to the milk of (except pool plants) and not less than “Person” means any individual, part­ producers diverted by the association for 15 percent of such receipts or an average the account of such association from a nership, corporation, association or any of not less than 7,000 pounds per day, pool plant to a nonpool plant, or (c) any other business unit. whichever is less, is so disposed of to person as the operator of a partially reg­ such outlets in the marketing area: ulated distributing plant. § 1079.5 Cooperative association. Provided, That if a portion of a plant is “Cooperative association” means any physically apart from the Grade A por­ § 1079.13 Producer-handler. cooperative marketing association which tion of such plant, is operated separately “Producer-handler” means any per­ the Secretary determines after appli­ and is not approved by any health au­ son who operates a dairy farm and a dis­ cation by the association: thorities for the receiving, processing, or tributing plant but who receives no milk packaging of any fluid milk product for from other dairy fanners or from sources (a) To be qualified under the provi­ Grade A disposition, it shall not be con­ other than pool plants. sions of the Act of Congress of February sidered as part of a pool plant pursuant § 1079.14 Producer milk. 18,1922, as amended, known as the “Cap­ to this section. per-Volstead Act” and (b) A supply plant from which the “Producer milk” means the skim milk (b) To have full authority in the sale and butterfat contained in Grade A milk volume of fluid milk products shipped received at a pool plant directly from a of milk of its members and is engaged during the month to pool plants qualified dairy farmer: Provided, That milk di­ in making collective sales of or market­ pursuant to paragraph (a) of this sec­ verted under the conditions set forth in ing milk or its products for its members. tion is equal to not less than 35 percent paragraphs (a), (b), and (c) of this

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 7138 RULES AND REGULATIONS section from a pool distributing plant to § 1079.16 Other source milk. (d) Pay out of the funds provided by a nonpool plant for the account of either “Other source milk” means all skim § 1079.88 the cost of his bond and of the the operator of the pool distributing milk -and butterfat contained In or bonds of his employees, his own compen­ plant or a cooperative association shall represented by: sation, and all other expenses, except also be producer milk and shall be (a) Receipts during the month in the those incurred under § 1079.87, neces­ deemed to have been received by the di­ form of fluid milk products except (1) sarily incurred by him in the mainte­ verting handler at the plant to which fluid milk products received from pool nance and functioning of his office and diverted. plants, (2) producer milk, or (3) inven­ in the.performance of his duties;

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 RULES AND REGULATIONS 7139

butterfat, respectively, In producer milk payroll for such moifth which shall show Classification of all handlers. Such estimate shall be for each producer: (i) His name and based upon the most current available address, (ii) the total pounds of milk § 1079.40 Skim milk and butterfat to data and shall be final for such purpose; received from such producer, (Mi) the be classified. (m) Report to the market administra­ number of days, if less than the entire The skim milk and butterfat which tor of the other order, as soon as possible month, for which milk was received from are required to be reported pursuant to after the report of receipts and utiliza­ such producer, (iv) the average butter­ § 1079.30 shall be classified each month tion for the month is received from a fat content of such milk, and (v) the net by the market administrator, pursuant handler who has received fluid milk prod­ amount of such handler’s payment, to­ to the provisions of § § 1079.41 to 1079.46. ucts from an other order plant, the clas­ gether with the price paid and the § 1079.41 Classes of utilization. sification to which such receipts are allo­ amount and nature of any deductions; cated pursuant to § 1079.46 pursuant to (2) On or- before the first day other Subject to the conditions set forth in such report, and thereafter any change source milk is received in the form of § 1079.44 the classes of utilization shall in such allocation required to correct er­ any fluid milk product at his pool plant be as follows: rors disclosed in verification of such re­ his intention to receive such product, and (a) Class I milk. Class I milk shall port; and on or before the last day such product be all skim milk (including concentrated (n) Furnish to each handler operating is received, his intention to discontinue and reconstituted skim milk) and but­ a pool plant who has shipped fluid milk terfat: receipt of such product; (1) Disposed of in the form of a fluid products to an other order plant, the (3) Prior to his diversion of producer classification to which the skim milk milk product except: milk to a nonpool plant, his intention to (1) Any product fortified with added and butterfat in such fluid milk products divert such milk, the proposed date or were allocated by the market administra­ solids shall be Class I in an amount equal dates of such diversion and the plant to only to the weight of an equal volume of tor of the other order on the basis of the which such milk is to be diverted; and report of the receiving handler; and, as a like unmodified product of the same necessary, any changes in such classifica­ (4T Such other information with re­ butterfat content; and tion arising in the verification of such spect to the utilization of butterfat and (ii) As classified pursuant to para­ report. skim milk as the market administrator graph (b) (2) of this section; and may prescribe. R eports, R ecords and F acilities (2) Not accounted for as Class n § 1079.32 Records and facilities. milk; § 1079.30 Reports of receipts and uti­ (b) Class II milk. Class II milk shall lization. Each handler shall maintain and make available to the market administrator be: On or before the 7th day after the end or to his representative during the usual (1) Skim milk and butterfat used to of each month each handler, except a hours of business such accounts and produce any product other than a fluid producer-handler, shall report to the records of his operations, together with milk product; market administrator for such month, such facilities as are necessary for the (2) Skim milk disposed of for live­ reporting separately for each of his pool market administrator to verify or estab­ stock feed or dumped if the market ad­ plants, in the detail and on forms pre­ lish the correct data with respect to: ministrator has been notified in advance scribed by the market administrator: . (a) The receipts and utilization of all and afforded the opportunity of verify­ (a) The quantities of skim milk and skim milk and butterfat handled in any ing such dumping; butterfat contained in or represented form during the month; by receipts of producer milk; (3) Skim milk and butterfat con­ (b) The quantities of skim milk and (b) The weights and butterfat and tained in inventory of fluid milk prod­ butterfat contained in or represented by other content of all milk, skim milk, ucts on hand at the end of the month; fluid milk products received from pool cream, and other milk products handled (4) The weight of skim milk in fluid plants; during the month; milk products which is excepted from (c) The quantities of skim milk and (c) The pounds of skim milk and Class I milk pursuant to paragraph butterfat contained in or represented by butterfat contained in or represented by (a) (1) (i) of this section; other source milk; all milk products on hand at the begin­ (5) Skim milk and butterfat in (d) The quantities of skim milk and ning and end of each month; and shrinkage not in excess of two percent butterfat contained in or represented by (d) Payments to producers and co­ of the receipts of (i) producer milk {ex­ producer milk diverted to nonpool plants operative associations including the cept milk diverted to a nonpool plant pursuant to § 1079.14; amount and nature of any deductions pursuant to § 1079.14), (ii) fluid milk (e) Inventories of fluid milk products and the disbursement of money so products in bulk from an other order on hand at the beginning and end of the deducted. plant, exclusive of the quantity for which month; § 1079.33 Retention of records. Class II utilization was requested by the (f) The utilization of all skim milk operator of such plant and the handler, and butterfat required to be reported All books and records required under and (iii) fluid milk products in bulk from pursuant to this section, including a sepa­ this part to be made available to the unregulated supply plants, exclusive of rate statement of the disposition of Class market administrator shall be retained the quantity for which Class II utiliza­ I milk on routes in the marketing area; by the handler for a period of 3 years to tion was requested by the handler; and and begin at the «id of the month to which (6) Skim milk and butterfat, respec­ (g) Each handler operating a partially such books and records pertain: Pro­ tively, in shrinkage assigned pursuant to regulated distributing plant shall report vided, That if, within such 3-year § 1079.42(b) (2). as required in this section substituting period, the market adminstrator noti­ receipts from dairy farmers for receipts fies the handler in writing that the re­ § 1079.42 Shrinkage. of producer milk. tention of such books and records is The market administrator shall allo­ necessary in connection with a proceed­ cate shrinkage over a handler’s receipts § 1079.31 Other reports. ing under section 8c (15) (A) of the act as follows: (a) Each producer-handler shall make or a court action specified in such notice, (a) Compute the total shrinkage of reports to the market administrator at the handler shall retain such books and skim' milk and butterfat at each pool such time and in such manner as the records, or specified books and records, plant; and market administrator may prescribe. until further written notification from (b) Each handler, except a producer- the market administrator. In either (b) Prorate the resulting amounts be­ handler, shall report to the market ad­ case, the market administrator shall give tween the receipts of skim milk and but­ ministrator in detail and on forms pre­ further written notification to the han­ terfat contained in: scribed by the market administrator ; dler promptly upon the termination of (1) Items specified in § 1079.41(b) (5) ; <1> or before the 20th day after the litigation or when the records are no and the end of the month for each of his longer necessary in connection there­ (2) Remaining receipts of other source plants his producer (or dairy farmer) with. milk.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 7140 RULES AND REGULATIONS

§ 1079.43 Responsibility of handlers suant to § 1079.30 for the month within able for such assignment pursuant to the and reclassification o f milk. which such transaction occurred: allocation provisions of the transferee (2) The operator of such nonpool order; All skim milk and butterfat shall be plant maintains books and records show­ (4) If information concerning the Class I milk unless the handler who first ing the utilization of all skim milk and classification to which allocated under receives such skim milk oy butterfat can butterfat received at such plant which the other order is not available to the prove to the market administrator that are made available if requested by the market administrator for purposes of es­ such skim milk or butterfat should be market administrator for the purpose of tablishing classification pursuant to this classified otherwise. verification; and paragraph, classification shall be as Class § 1079.44 Transfers. (3) The skim milk and butterfat so I, subject to adjustment when such in­ Skim milk or butterfat in the form of transferred shall be classified on the formation is available; a fluid milk product shall be classified: basis of the following assignment of utili­ (5) For purposes of this paragraph, if (a) At the utilization indicated by the zation at such nonpool plant in excess the transferee order provides for more operators of both plants, otherwise as of receipts of packaged fluid milk prod­ than two classes of utilization, milk allo­ Class I milk, if transferred from a pool ucts from all pool plants and other order cated to a class consisting primarily of plant to the pool plant of another plants: fluid milk products shall be classified as handler, subject to the following condi­ (i) Any Class I utilization disposed of Class I, and milk allocated to other tions: on routes in the marketing area shall be classes shall be classified as Class II; (1) The skim milk or butterfat so as­ first assigned to the skim milk-and but­ and signed to either class shall be limited to terfat in the fluid milk products so trans­ (6) If the form in which any fluid milk the amount thereof remaining in such ferred or diverted from pool plants, next product is transferred to an other order class in the transferee plant after com­ pro rata to receipts from other' order plant is not defined as a fluid milk prod­ putations pursuant to § 1079.46(a) (8) plants and thereafter to receipts from uct under such other order, classification and the corresponding step of § 1079.46 dairy farmers who the market adminis­ shall be in accordance with the provi­ (b ); trator determines constitute regular sions of § 1079.41. (2) If the transferor plant received sources of supply of Grade A milk for during the month other source milk to such nonpool plant; § 1079.45 Computation of the skim milk be allocated pursuant to § 1079.46(a) (3) (ii) Any Class I utilization disposed of and butterfat in each class. and the corresponding step of § 1079.46 on routes in the marketing area of an­ For each month the market adminis­ (b), the skim milk and butterfat so other order issued pursuant to the Act trator shall correct for mathematical transferred shall be classified 'so as to shall be first assigned to receipts from and for other obvious errors the reports allocate the least possible Class I utili­ plants fully regulated by such order, next of receipts and utilization for each pool zation to such other source milk; and pro rata to receipts from pool plants and plant and for producer milk diverted to (3) If the transferor handler received other order plants not regulated by such each .nonpool plant and shall compute during the month other source milk to order, and thereafter to receipts from the pounds of butterfat and skim milk in be allocated pursuant to § 1079.46(a) (7) dairy farmers who the market admin­ each class at each such plant: Provided, and (8) and the corresponding steps of istrator determines constitute regular That if any of the water contained in the § 1079.46(b), the skim milk and butter­ sources of supply for such nonpool plant; milk from which a product is made is fat so transferred up to the total of such (iii) Class I Utilization (except in un­ removed before the product is utilized or W Ê Ê Ê Ê Ê Ê m Ê m receipts shall not be classified as Class I graded cream disposed of for manufac­ disposed of by a handler, the pounds of milk to a greater extent than would be turing uses) in excess of that assigned skim milk disposed of in such product I applicable to a like quantity of such other pursuant to subdivisions (i) and (ii) of shall be considered to be an amount I source milk received at the transferee this subparagraph shall be assigned first equivalent to the nonfat milk solids con­ plant; to remaining receipts from dairy farmers tained in such product plus all of the I (b) As Class I milk, if transferred who the market administrator deter­ water reasonably associated with such I from a pool plant to a producer-handler; mines constitute the regular source of solids in the form of whole milk. (c) As Class I milk, if transferred or supply for such nonpool plant and Class § 1079.46 Allocation of skim milk and I diverted from a pool plant to a nonpool I utilization in excess of such receipts butterfat classified. plant that is neither an other order plant shall be assigned pro rata to unassigned nor a producer-handler plant, located receipts at such nonpool plant from all After making the computations pur- I more than 150 miles by the shortest pool and other order plants; and suant to § 1079.45, the market admin- I highway distance as determined by the (iv) To the extent that Class I uti­ istrator shall détermine the classification I market administrator, from the nearest lization is not so assigned to it, the skim of producer milk received by each han- I of the Post Offices of Corydon, Creston, milk and butterfat so transferred shall dler each month as follows: Des Moines, Grinnell, Jefferson, and be classified as Class II milk; (a) Skim milk shall be allocated in I Ottumwa, Iowa; (e) As follows, if transferred to anthe following manner: . (d) As Class I milk, if transferred or other order plant in excess of receipts (1) Subtract from the total pounds of I diverted from a pool plant in bulk to f rom such plant in the same category as skim milk in Class II the pounds of skim I a nonpool plant that is neither an other described in subparagraph (1), (2), or milk classified as Class II pursuant to I order plant nor a producer-handler (3) of this paragraph: § 1079.41(b)(5); plant, located not more than 150 miles (1) If transferred in packaged form, (2) Subtract from the remaining I by the shortest highway distance, classification shall be in the classes to pounds of skim milk in each class the I as determined by the market administra­ which allocated as a fluid milk product pounds of skim milk in fluid milk prod- I tor, from the nearest of the Post Offices under the other order; ucts received in packaged form from I of Corydon, Creston, Des Moines, Grin­ (2) If transferred in bulk form, classi­ other order plants as follows: nell, Jefferson, and Ottumwa, unless the fication shall be in the classes to which (i) From Class n milk, the lesser of f l requirements of subparagraphs (1) and allocated as a fluid milk product under the pounds remaining or two percent of I (2) of this paragraph are met, in which the other order (including allocation such receipts; and case the skim milk and butterfat so under the conditions set forth in sub- (ii) From Class I milk, the remainder I transferred or diverted shall be classified paragraph (3) of this paragraph); of such receipts; in accordance with the assignment re­ (3) If the operators of both the trans­ (3) Subtract successively from the I sulting from subparagraph (3) of this feror and transferee plants so request in pounds of skim milk remaining in each I paragraph: the reports of receipts and utilization class, in series beginning with Class II, I (1) The transferring or diverting han­ filed with their respective market admin­ the pounds of skim milk in each of the I dler claims classification pursuant to the istrators, transfers in bulk form shall be classified as Class II to the extent of following: assignment set forth in subparagraph (i) Other source milk in a form other I (3) of this paragraph in his report sub­ the Class n utilization (or comparable mitted to the market administrator pur- utilization under such other order) avail- than that of a fluid milk product;

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 RULES AND REGULATIONS 7141

(ii) Receipts of fluid milk products for that were not subtracted pursuant to pounds of skim milk in producer milk, which Grade A certification is not estab­ subparagraph (4) (i) or (ii) of this subtract such excess from the pounds lished, or which are from unidentified paragraph; of skim milk remaining in each class in sources; and (ii) Should such proration result in series beginning with Class II. Any (iii) Receipts of fluid milk products the amount to be subtracted from any amount so subtracted shall be known as from a producer-handler, as defined class exceeding the pounds of skim milk “overage”; under this or any other Federal order; remaining in such class in the pool plant (b) Butterfat shall be allocated in ac­ (4) Subtract, in the order specified at which such skim milk was received, cordance with the procedure outlined for below, from the pounds of skim milk re­ the pounds of skim milk in such class skim milk in paragraph (a) of this sec­ maining in Class II: shall be increased to the amount to be tion; and (1) The pounds of skim milk in re­ subtracted and the pounds of skim milk (c) Combine the amounts of skim milk ceipts of fluid milk products from un­ in the other class shall be decreased a and butterfat determined pursuant to regulated supply plants for which the like amount. In such case the utiliza­ paragraphs (a) and (b) of this section handler requests Class n utilization, but tion of milk at other pool plant (s) of into one total for each class and deter­ not in excess of the pounds of skim milk such handler shall be adjusted in the mine the weighted average butterfat con­ remaining in Class II; reverse direction by an identical amount tent of producer milk in each class. (ii) The pounds of skim milk remain­ in sequence beginning with the nearest Minimum P rices ing in receipts of fluid milk products other pool plant of such handler at from unregulated supply plants which which such adjustment can be made; § 1079.50 Basic formula and class are in excess of the pounds of skim milk (8) Subtract from the pounds of skim prices. determined as follows: milk remaining in each class the pounds Subject to the provisions of §§ 1079.51 (a) Multiply the pounds of skim milk of skim milk in receipts of fluid milk and 1079.52 the basic formula and class remaining in Class I milk (exclusive of products in bulk from an other order prices per hundredweight for the month Class I transfers between pool plants of plant, in excess in each case of similar shall be as follows: the handler) at all pool plants 6f the transfers to the same plant, that were (a) Basic formula price. The basic handler by 1.25; not subtracted pursuant to subpara­ formula price shall be the average price (b) Substract from the result the sum graph (4) (iii) of this paragraph pur­ per hundredweight for manufacturing of the pounds of skim milk at all such suant to the following procedure: - grade milk, f.o.b. plants in Wisconsin and plants in producer milk, in receipts from (i) Subject to the provisions of sub­ Minnesota, as reported by the Depart­ other pool handlers and in receipts in divisions (ii) and (iii) of this sub- ment for the month. Such price shall be bulk from other order plants; and paragraph, such subtraction shall be adjusted to a 3.5 percent butterfat basis (c) (1) Multiply any resulting plus pro rata to whichever of the following by a butterfat differential rounded to the quantity by the percentage that receipts represents the higher proportion of nearest one-tenth cent at the rate of the of skim milk in fluid milk products from Class II milk: Chicago butter price times 0.12. The basic unregulated supply plants remaining at (a) The estimated utilization of skim formula shall be rounded to the nearest this plant is of all such receipts remain­ milk in each class, by all handlers, as cent. For the purpose of computing Class ing at all pool plants of such handler, announced for the month pursuant to I prices from the effective date hereof after any deductions pursuant to subdi­ § 1079.27(1); or the basic formula price shall not be less vision (i) of this subparagraph. (b) The pounds of skim milk in each than $4.33. (2) Should such computation result in class remaining at all pool plants of the (b) Class I milk price. The Class I a quantity to be subtracted from Class II handler; - milk price shall be the basic formula which is in excess of the pounds of skim (ii) Should proration pursuant to sub­ milk remaining In Class n , the pounds division (i) of this subparagraph result price for the preceding month plus $1.25 of skim milk in Class II shall be in­ in the total pounds of skim milk to be and plus 20 cents. creased to the quantity to be subtracted subtracted from Class II at all pool (c) Class II milk price. The Class II and the pounds of skim milk in Class I plants of the handler exceeding the milk price shall bevthe basic formula shall be decreased a like amount. In pounds of skim milk remaining in Class price for the month.v such case the utilization of skim milk Ii at such plants, the pounds of such § 1079.51 Butterfat differentials to han­ at other pool plant(s) of such handler excess shall be subtracted from the dlers. shall be adjusted in the reverse direction pounds of skim milk remaining in Class by an identical amount in sequence be­ I after such proration at the pool plants For milk containing more or less than ginning with the nearest other pool plant at which received; 3.5 percent butterfat, the class prices for of such handler at which such adjust­ (iii) Except as provided in subdivision the month calculated pursuant to ment can be made. (ii) of this subparagraph, should pro­ § 1079.50 shall be increased or decreased, (iii) The pounds of skim milk in re­ ration pursuant to .either subdivision (i) respectively, for each one-tenth percent ceipts of fluid milk products in bulk from or (ii) of this subparagraph result in the butterfat at the appropriate rate, round­ an other order plant in excess of similar amount to be subtracted from either ed to the nearest one-tenth cent, deter­ transfers to such plant, but not in excess class exceeding the pounds of skim milk mined as follows: of the pounds of skim milk remaining in remaining in such class in the pool (a) Class I price. Multiply the Chi­ Class n milk, if Class n utilization was plant at which such skim milk was re­ cago butter price for the preceding requested by the operator of such plant ceived, the pounds of skim milk in such month by 0.120. and the handler; class shall be increased to the amount (b) Class II price. Multiply the (5) Subtract from the pounds of skim to be subtracter, and the pounds of skim Chicago butter price for the current milk remaining in each class, in series milk in the other class shall be decreased month by 0.110. beginning with Class II, the pounds of a like amount. In such case the utili­ skim milk in inventory of fluid milk zation of milk at other pool plant(s) of § 1079.52 Location- differentials to han­ products on hand at the beginning of the such handler shall be adjusted in the dlers. month; reverse direction by an identical amount (a) For producer milk received at a (6) Add to the remaining pounds of in sequence beginning with the nearest plant located inside the marketing area skim milk in Class II milk the pounds other pool plant of such handler at but outside the base zone or a plant lo­ subtracted pursuant to subparagraph (1) which such adjustment can be made. cated outside the marketing area and 60 of this paragraph; (9) Subtract from the pounds of skim miles or more by the shortest hard-sur­ (7) (i) Subtract from the pounds of milk remaining in each class the pounds faced highway distance, as measured by skim milk remaining in each class, pro of skim milk received in fluid milk prod­ the market administrator, from the main rata to the total pounds of skim milk ucts from other pool plants according to post offices of Des Moines and Ottumwa, remaining in each class in all pool plants the classification assigned pursuant to Iowa, which is classified as Class I or of the receiving handler, the pounds of § 1079.44 ; assigned Class I location adjustment skim milk in receipts of fluid milk prod­ (10) If the pounds of skim milk re­ credit pursuant to paragraph (b) of this ucts from unregulated supply plants maining in both classes exceed the section and for other source milk for

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 No. 83 7142 RULES AND REGULATIONS which a location adjustment is appli­ handler fails to report pursuant to (4) From the value of such milk at the I cable, the price specified in § 1079.50(b) §§ 1079.30 and 1079.31(b)(1) the infor­ Class I price applicable at the location I shall be reduced 10 cents. For plants out­ mation necessary to compute the amount of the nonpool plant, subtract its value I side the marketing area such price shall specified in paragraph (a) of this section, at the uniform price applicable at such I be reduced an additional 1.5 cents for he shall pay the amount computed pursu­ location (not to be less than the Class II I each 10 miles or fraction thereof in ex­ ant to paragraph (b) of this section: price). cess of 75 miles from the designated post (a) An amount computed as follows: D etermination of Uniform P rice offices. (1) (i) The obligation that would have (b) For purposes of calculating such been computed pursuant to § 1079.70 at § 1079.70 Computation of the net pool I adjustment, transfers between pool such plant shall be determined as obligation o f each pool handler. plants shall be assigned to Class I dis­ though such plant were a pool plant. The net pool obligation of each pool I position remaining at the transferee For purposes of such computation, re­ handler during each month shall be a I plant after computations pursuant to ceipts at such nonpool plant from a pool sum of money computed by the market I § 1079.46(a) (8) and the corresponding plant or an other order plant shall be administrator as follows: step of § 1079.46(b) in excess of 95 per­ assigned to the utilization at which clas­ (a) Multiply the quantity of producer I cent of receipts of producer milk at such sified at the pool plant or other order milk in each class, as computed pursu- I plant, such assignment to be made first plant and transfers from such nonpool ant to § 1079.46(c), by the applicable I to transferor plants at Which no location plant to a pool plant or an other order class prices (adjusted pursuant to I adjustment credit is applicable and then plant shall be classified as Class II milk §§ 1079.51 and 1079.52) ; in sequence beginning with the plant at if allocated to such class at the pool (b) Add the amount obtained from I which the least location adjustment plant or other order plant and be valued multiplying the pounds of overage de- I would apply. at the uniform price of the respective ducted from each class pursuant to I order if so allocated to Class I milk. §1079.46(a) (10) and the corresponding I § 1079.53 Use of equivalent prices. There shall be included in the obligation step of § 1079.46(b) by the applicable I If for any reason a price quotation re­ so computed a charge in the amount class prices; quired by this order for computing class specified in § 1079.70(e) and a credit in (c) Add the amount obtained from I prices or for other purposes is not avail­ the amount specified in § 1079.84(b) (2) multiplying the difference between the I able in the manner described, the with respect to receipts from an unreg­ Class II price for the preceding month I market administrator shall use a price ulated supply plant, unless an obligation and the Class I price for the current I determined by the Secretary to be equiv­ with respect to such plant is computed month by the hundredweight of skim I alent to the price which is required. as specified below in this subparagraph. milk and butterfat subtracted from Class I I pursuant to § 1079.46(a)(5) and the I Application of P rovisions (ii) If the operator of the partially regulated distributing plant so requests, corresponding step of § 1079.46(b); § 1079.60 Producer-handler. and provides with his reports pursuant (d) Add an amount equal to the dif- I Sections 1079.40 to 1079.46, 1079.50 to to §§ 1079.30 and 1079.31(b)(1) similar ference between the value at the Class I I 1079.52, and 1079.80 to 1079.88 shall not reports with respect to the operations price applicable at the pool plant and I apply to a producer-handler. of any other nonpool plant which serves the value at the Class n price, with re- I as a supply plant for such partially reg­ spect to skim milk and butterfat in other I § 1079.61 Plants subject to other Fed­ ulated distributing plant by shipments source milk subtracted from Class I pur- I eral orders. to such plant during the month equiva­ suant to § 1079.46(a) (3) and the corre- I The provisions of this part shall not lent to the requirements of § 1079.10(b) sponding step of § 1079.46(b); apply to a distributing plant or a supply with agreement of the operator of such (e) Add an amount equal to the value I plant during any month in which such plant that the market administrator may at the Class I price, adjusted for loca- I plant would be subject to the classifica­ examine the books and records of such tion of the nearest nonpool plant (s) I tion and pricing provisions of another plant for purposes of verification of such from which an equivalent volume was I order issued pursuant to the act unless reports, there will be added the amount received, with respect to skim milk and I such plant is qualified as a pool plant of the obligation computed at such non­ butterfat subtracted from Class I pur- I pursuant to § 1079.10 and a greater vol­ pool supply plant in the same manner suant to § 1079.46(a) (7) and the cor- I ume of fluid milk products is disposed and subject to the same conditions as responding step of § 1079.46(b). of from such plant to retail or wholesale for the partially regulated distributing § 1079.71 Computation of aggregate I outlets and to pool plants in the Des plant. value used to determine uniform I Moines marketing area than in the mar­ (2) From this obligation there will be price. keting area regulated pursuant to such deducted the sum of (i) the gross pay­ other order: Provided, That the opera­ ments made by such handler for Grade A For each month the market adminis- I tor of a distributing plant or a supply milk received during the month from trator shall compute an aggregate value I plant which is exempt from the pro­ dairy farmers at such plant and like pay­ from which to determine the uniform I visions of this part pursuant to this ments made by the operator of a supply price per hundredweight for producer I section shall, with respect to the total re­ milk of 3.5 percent butterfat content, I plant (s) included in the computations f.o.b. plants located within the base zone, I ceipts and utilization or disposition of pursuant to subparagraph (1) of this skim milk and butterfat at the plant, paragraph, and (ii) any payments to the as follows: make reports to the market administra­ producer-settlement fund of another or­ (a) Combine into one total the values I tor at such time and in such manner der under which such plant is also a computed pursuant to § 1079.70 for all I as the market administrator may require partially regulated distributing plant. pool plants for which the reports pre- ■ (in lieu of the reports required pursu­ (b) An amount computed as follows: ■ scribed in § 1079.30 for such month were I ant to § 1079.30) and allow verifica­ (1) Determine the respective amounts made, except those in default of pay- I tion of such reports by the market of skim milk and butterfat disposed of as ments required pursuant to § 1079.84 for I administrator. Class I milk on routes in the marketing the preceding month; § 1079.62 Obligations of handler oper­ area; (b) Add or subtract for each one- I ating a partially regulated distribut­ (2) Deduct the respective amounts of tenth percent that the average butterfat I ing plant. skim milk and butterfat received as Class content of the milk specified in § 1079.72 I I milk at the partially regulated dis­ (a) is less or more, respectively, than 3.5 I Each handler who operates a partially tributing plant from pool plants and percent, an amount computed by multi- I regulated distributing plant shall pay to other order plants except that deducted plying such differences by the butterfat I the market administrator for the pro­ under a similar provision of another or­ differential to producers, and multiply- I ducer-settlement fund on or before the der issued pursuant to the Act; ing the result by the hundredweight of I 25th day after the end of the month (3) Combine the amounts of skim such milk; either of the amounts (at the handler’s milk and butterfat remaining into one (c) Add an amount equal to the sum of I election) calculated pursuant to para­ total and determine the weighted aver­ the location differential deductions to be ■ graph (a) or (b) of this section. If the age butterfat content; and made pursuant to § 1079.82; and

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 RULES AND REGULATIONS 7143

(d) Add an amount equal to one-half (3) The minimum rate or rates at which a value is computed pursuant to of the unobligated cash balance in the which payment to the producer is re­ § 1079.70(e). producer-settlement fund. quired pursuant to the order; § 1079.85 Payments out of the producer- §1079.72 Computation of uniform (4) The rate which is used in making settlement fund. price. the payment, if such rate is other than the applicable minimum rate; On or before the 13th day after the For each month the market adminis­ (5) The amount or the rate per end of each month the market adminis­ trator shall compute a uniform price for hundredweight and nature of each de­ trator shall pay to each handler the milk of 3.5 percent butterfat content, duction claimed by the handler; and amount, if any, by which the amount f.o.b. pool plants located within the base (6) The net amount of payment to computed pursuant to § 1079.84(b) ex­ zone, as follows: such producer or cooperative association. ceeds the amount computed pursuant to (a) Divide the aggregate value com­ § 1079.84(a) ’. Provided, That if the bal­ puted pursuant to § 1079.71 by the sum § 1079.81 Butterfat differentials to pro­ ance in the producer-settlement fund is of the following for all handlers included ducers. insufficient to make all payments pursu­ in these computations: The uniform price pursuant to ant to this section, the market adminis­ (1) The total hundredweight of pro­ § 1079.72 shall be increased or de­ trator shall reduce uniformly such pay­ ducer milk; and creased for each one-tenth of 1 per­ ments and shall complete such payments (2) The total hundredweight for cent that the-butterfat content of such as soon as the necessary funds are avail­ which a value is computed pursuant to milk is above or below 3.5 percent, re­ able. A handler who has not received the § 1079.70(e) ; and spectively, at the rate determined by balance of such payments from the mar­ (b) Subtract not less than four cents multiplying the pounds of butterfat in ket administrator shall not be considered nor more than five cents from the price producer milk allocated to Class I and in violation of § 1079.80 if he reduces his computed pursuant to paragraph (a) of Class II milk pursuant to § 1079.46 by payments to producers by not more than this section. The result shall be known the respective butterfat differential for the amount of the reduction in payment as the uniform price for milk received each class, dividing the sum of such from the producer-settlement fund. from producers. values by the total pounds of such butter­ § 1079.86 Adjustment of accounts. P ayment for Milk fat, and rounding the resultant figure to the nearest one-tenth cent. Whenever verification by the market § 1079.80 Time and method of payment. administrator of reports or payments of § 1079.82 Location differentials to any handler discloses errors in payments (a) Each handler shall pay each pro­ producers. ducer for producer milk for which pay­ to or from the producer-settlement fund ment is not made to a cooperative asso­ (a) The uniform price for producer pursuant to §§ 1079.84 and 1079.85, the ciation pursuant to paragraph (b) of this milk pursuant to § 1079.72 received at a market administrator shall promptly bill section, as follows: pool plant or diverted from a pool plant such handler for any unpaid amounts (1) On or before the last day of each shall be reduced according to the loca­ and such handler shall, within 15 days month, for producer milk received during tion of the plant of actual receipt at the of such billing, make payments to the the first 15 days of the month, at not less rates set forth in § 1079.52. market administrator of the amount so than the Class II price for the preceding (b) For purposes of computations billed. Whenever verification discloses month; and pursuant to §§ 1079.84 and 1079.85 the that payment is due from the market (2) On or before the 15th day after uniform price shall be adjusted at* the administrator to any handler, the market the end of each month, for producer rates set forth in § 1079.52 applicable at administrator shall, within 15 days, milk received during such month, an the location of the nonpool plant from make such payment to such handler. amount computed at not less than the which the milk was received. - Whenever verification by the market ad­ uniform price pursuant to § 1079.72 ad­ § 1079.83 Producer-settlement fund. ministrator of the payment by a handler justed pursuant to §§ 1079.81, 1079.82 to any producer or to a cooperative as­ and 1079.87, and less the payment made The market administrator shall main­ sociation discloses payment of an amount pursuant to subparagraph (1) of this tain a separate fund known as the “pro­ less than is required by § 1079.80 the paragraph. ducer-settlement fund” into which he handler shall make up such payment to (b) Each handler shall make pay­ shall deposit all payments made to such the producer or cooperative association ment to a cooperative association for fund and out of which he shall make all not later than the time of making pay­ payments from such fund pursuant to ment next following such disclosure. producer milk which it caused to be §§ 1079.62, 1079.84, 1079.85, and 1079.86: delivered to such handler, if such co­ Provided, That the market administrator § 1079.87 Marketing services. operative association is authorized to shall offset the payment due to a handler (a) Except as set forth in paragraph collect such payments for its members against payments due from such handler. (b) of this section, each handler in mak­ and exercises such authority, an amount ing payments to each producer pursuant equal to the sum of the individual pay­ § 1079.84 Payments to the producer- to § 1079.80 shall deduct 5 cents per hun­ ments otherwise payable for such pro­ settlement fund. dredweight or such lesser amount as the ducer milk, as follows: On or before the 12th day after the Secretary may prescribe with respect to (1) On or before the 26th day of each end of the month each handler shall pay producer milk received by such handler month for producer milk received during to the market administrator the amount, (except such handler’s own farm produc­ the first 15 days of the month; and if any, by which the total amounts spec­ tion) during the month, and shall pay (2) On or before the 13th day after ified in paragraph (a) of this section such deductions to the market adminis­ the end of each month for milk received exceed the amounts specified in para­ trator not later than the 15th day after during such month. graph (b) of this section: the end of the month. Such money shall (c) In making the payments for pro­ (a) The total of the net pool obliga­ be used by the market administrator to ducer milk pursuant to this section, each tion computed pursuant to § 1079.70 for verify or establish weights, samples, and handler shall furnish each producer or such handler; and tests of producer milk and to provide cooperative association from whom he (b) The sum of producers with market information. has received milk with a supporting (1) The amount of the obligation pur­ Such services shall be performed in statement in such form that it may be suant to § 1079.80 of such handler for whole or in part by the market adminis­ retained by the recipient, which shall producer milk received during the trator or by an agent engaged by and show: month; and responsible to him. (1) The month and identity of the (2) The value at the uniform price ap­ (b) In the case of producers for whom handler and of the producer; plicable at the location of the plant(s) a cooperative association is performing, (2) The daily and total pounds and from which received (not to be less as determined by the Secretary, the serv­ the average butterfat content of pro­ than the value at the Class n price) ices set forth in paragraph (a) of this ducer milk; with respect to other source milk for section, each handler shall make, in lieu

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 7144 RULES AND REGULATIONS of the deductions specified in paragraph a handler’s obligation under this part § 1079.93 Liquidation after suspension (a) of this section, such deductions as to pay money shall not be terminated or termination. are authorized by such producers and, on with respect to any transaction involv­ Upon the suspension or termination or before the 15th day after the end of ing fraud or willful concealment of a of any or all provisions of this part the each month, pay over such deductions to fact, material to the obligation, on the market administrator, or such person the association rendering such services. part of the handler against whom the as the Secretary may designate, shall if § 1079.88 Expense of administration. obligation is sought to be imposed. so directed by the Secretary, liquidate (d) Any obligation on the part of thethe business of the market, administra­ As his pro rata share of the expense market administrator to pay a handler tor’s office and dispose of all funds and of administration of the order, each any money which such handler claims to property then in his possession or under handler shall pay to the market admin­ be due him under the terms of this part his control, together with claims for any istrator on or before the 15th day after shall terminate 2 years after the end funds which are unpaid or owing at the the end of the month 4 cents per hun­ of the calendar month during which the time of such suspension or termination. dredweight or such lesser amount as the milk involved in the claim was received Any funds collected pursuant to the Secretary may prescribe, with respect to if an underpayment is claimed, or 2 provisions of this part, over and above (a) producer milk, (b) other source.milk years after the end of the calendar the amounts necessary to meet outstand­ allocated to Class I pursuant to § 1079.- month during which the payment (in­ ing obligations and the expenses neces­ 46(a) (3) and (7) and the corre­ cluding deduction or set-off by the mar­ sarily incurred by the market adminis­ sponding steps of § 1079.46 (b), and (c) ket administrator) was made by the han­ trator or such person in liquidating such Class I milk disposed of from a partially dler if a refund on such payment is funds, shall be distributed to the con­ regulated distributing plant on routes in claimed, unless such handler within the tributing handlers and producers in an the marketing area that exceeds Class I applicable period of time, files pursuant equitable manner. milk received during the month at such to section 8c(15) (A) of the act, a peti­ plant from pool plants and other order tion claiming such money. M iscellaneous P rovisions plants. E ffective Time, S uspension or § 1079.100 Separability of provisions. § 1079.89 Termination of obligations. T ermination - If any provision of this part, or its The provisions of this section shall § 1079.90 Effective time. application to any person or circum­ apply to any obligation under this part The provisions of this part, or any stances, is held invalid, the application for the payment of money. amendments to this part, shall become of such provision, and of the remaining (a) The obligation of any handler to effective at such time as the Secretary provisions of this part, to other persons pay money required to be paid under may declare and shall continue in force or circumstances shall not be affected the terms of this order shall, except as until suspended or terminated. thereby. provided in paragraph (b) and (c) of § 1079.101 Agents. this section, terminate 2 years after § 1079.91 Suspension or termination. the last day of the calendar month dur­ The Secretary may, by designation in ing which the market administrator re­ The Secretary shall suspend or termi­ writing, name any officer or employee of ceived the handler’s utilization report on nate any or all of the provisions of this the United States to act as his agent or milk involved in such obligation, unless part, whenever he finds that it obstructs representative in connection with any of within such 2-year period the market or does not tend to effectuate the de­ the provisions of this part. administrator notifies the handler in clared policy of the act. The part shall, writing that such money is due and pay­ in any event, terminate whenever the Effective date: May 1,1969. able. Service of such notice shall be provisions of the act authorizing it cease Signed at Washington, D.C., on complete upon mailing to the handler’s to be in effect. April 28,1969. last known address, and it shall contain, § 1079.92 Continuing power and duty of R ichard E. Lyng, but need not be limited to, the following the market administrator. Assistant Secretary. information: (a) If, upon the suspension or termi­ [F.R. Doc. 69-5230; Filed, Apr. 30, 1969; (1) The am ounts the obligation; 8:51 a.m.] (2) The month(s) during which the nation of any or all of the provisions of milk, with respect to which the obliga­ this part, there are any obligations aris­ tion exists, was received or handled; and ing under this part, the final accrual or (3) If the obligation is payable to ascertainment of which requires fur­ Title 15— COMMERCE AND one or more producers or to an associa­ ther acts by any handler, by the. market tion of producers, the name of such pro­ administrator, or by any other person, ducer^) or association of producers, or the power and duty to perform such fur­ FOREIGN TRADE if the obligation is payable to the mar­ ther acts shall continue notwithstanding such suspension or termination: Pro­ Chapter II— National Bureau of Stand­ ket administrator, the account for which ards, Department of Commerce it is to be paid. vided, That any such acts required to be (b) If a handler fails or refuses, with performed by the market administrator SUBCHAPTER A— MEASUREMENT SERVICES shall if the Secretary so directs, be per­ respect to any obligation under this-part, PART 200— POLICIES, SERVICES, to make available to the market admin­ formed by such other person, persons, or istrator or his representative all books agency as the Secretary may designate. PROCEDURES, AND FEES and records required by this order to be (b) The market administrator, or such Broadcasts made available, the market administra­ other person as the Secretary may desig­ tor may, within the 2-year period pro­ nate shall (1) continue in such capacity Pursuant to the authority contained in vided for in paragraph (a) of this until discharged by the Secretary; (2) 15 U.S.C. 275a and 277, Subchapter A is section, notify the handler in writing of from time to time account for all receipts amended as set forth below. such failure or refusal. If the market and disbursements and deliver all funds Effective upon publication in the F ed­ or property on hand together with the administrator so notifies a handler, the eral R egister, Chapter n of Title 15 of said 2-year period with respect to such books and records of the market ad­ obligation shall not begin to run until ministrator or such person, to such per­ the Code of Federal Regulations is the first day of the calendar month fol­ son as the Secretary shall direct; and amended with respect to Subchapter A, lowing the month during which all such (3) if so directed by the Secretary exe­ Part 200, § 200.108, Broadcasts, by revis­ books and records pertaining to such cute such assignment or other instru­ ing paragraph (a) thereof to reflect a obligation are made available to the ments necessary or appropriate to vest change in policy by discontinuing thej market administrator or his representa­ in such person full title to all funds, publication of advance monthly radio tives. property, and claims vested in the market (c) Notwithstanding the provisions of administrator or such person pursuant notices in the F ederal R egister. Section paragraphs (a) and (b) of this section, thereto. 200.108(a) will read as follows:

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 RULES AND REGULATIONS 7145

§ 200.108 Broadcasts. the facts presented, the failure to mark (a) (1) The NBS Time and Frequencythe origin of the imported motors or Title 26-INTERNAL REVENUE components thereof will not be regarded Division broadcasts various types of Chapter I— Internal Revenue Service, standard frequency and time signals as a by the Commission as deceptive.” service from three radio stations: WWV, (38 Stat. 717, as amended; 15 U.S.C. 41-58) Department of the Treasury WWVH, and WWVB. A fourth station, Issued: April 30,1969. SUBCHAPTER A— INCOME TAX WWVL, is engaged in an experimental [T.D. 7010] program to evaluate precise time syn­ By direction of the Commission.1 pa rt 1— INCOME TAX; TAXABLE chronization techniques. NBS Special [seal] J oseph W. S hea, Publication 236, “NBS Frequency and Secretary. YEARS BEGINNING AFTER DE­ Time Broadcast Services,” 1 contains in­ CEMBER 31, 1953 formation concerning the signals broad­ [F.R. Doc. 69-5150; Piled, Apr. 30, 1969; cast from these four stations. WWVH 8:45 a.m.] Deductions for Costs of Advertising in is located at Maui, Hawaii. WWV, Programs of Certain Political Con­ WWVL, and WWVB are located at Fort PART 15-—ADMINISTRATIVE ventions Collins, Colo. (2) Advance notices of coordinated ad­ OPINIONS AND RULINGS On January 18, 1969, notice of pro­ justments in phase and offset and other Location of Term “Irregular” To posed rule making with respect to the amendment of the Income Tax Regula­ planned changes in radio emissions are Describe Shirts provided in the Standards and Cali­ tions (26 CFR Part 1) to conform para­ brations column of the “NBS Technical § 15.342 Location of term “irregular” graph (b) of § 1.276-1 thereof, relating News Bulletin,” 1 which is published to describe shirts. to deductions for costs of advertising in monthly. (a) In response to a request for an ad­ programs of political conventions, to sec­ ***** visory opinion, the Commission advised tion 108 of the Revenue and Expenditure a manufacturer that irregular men’s Control Act of 1968 (82 Stat. 268) and A. V. Astin, to the Act of June 18, 1968 (Public Law Director. dress and sport shirts should be stamped “irregular” on the neck band, not on the 90-346, 82 Stat. 183), was published in April 25, 1969. shirttail. the F ederal R egister (34 F.R. 863). No [PJt. Doc. 69-5282; Piled, Apr. 30, 1969; (b) Whenever an affirmative disclo­ comments thereon were received from 8:51 a.m.] the public. The amendment of the regu­ sure is required, the Commission said, it lations as proposed is hereby adopted. is a well-established principle that it must be made with such clarity that it (Sec. 7805, Internal Revenue Code of 1954 will likely be observed by prospective (68A Stat. 917; 26 U.S.C. 7805) ) Title 16— COMMERCIAL purchasers making a casual inspection of [seal] R andolph W. T hrower, the merchandise prior to, not after, the Commissioner of Internal Revenue. PRACTICES purchase thereof. Because of the manner in which shirts are ordinarily folded and Approved: April 23,1969. Chapter I— Federal Trade Commission displayed at the point of sale, the Com­ Edwin S. Cohen, PART 15— ADMINISTRATIVE mission added, an “irregular” stamp on Assistant Secretary the shirttail would not normally be seen of the Treasury. OPINIONS AND RULINGS by prospective purchasers until after the sale has been consummated. In order to conform § 1.276-1 of the Disclosure of Origin of Imported Income Tax Regulations (26 CFR Part Motors (c) Concluding that the disclosure should be made in the neck band, the 1) to section 108 of the Revenue and Ex­ § 15.341 Disclosure of origin of im­ Commission said: “Although the disclo­ penditure Control- Act of 1968 (82 Stat. ported motors. 268) and to the Act of June 18, 1968 sure may be placed in any location so (Public Law 90-346, 82 Stat. 183), new (a) In response to a request for an long as it complies with the aforemen­ subparagraph (2) is inserted in § 1.276-1 advisory opinion, the Commission ruled tioned principle, experience indicates (b) in the place reserved therefor imme­ that it would not be necessary to disclose that the best possible location in most diately after subparagraph (1). This new the foreign origin of certain electric cases would be in the neck band. This is provision reads as follows: motors or components thereof which are where most prospective purchasers look imported from Poland. at a shirt because this is where the size § 1.276—1 Disallowance of deductions (b) According to the facts presented and fiber identification normally are for certain indirect contributions to by the requesting party, the imported placed. Under these circumstances, political parties. motors will be attached in the United therefore, the Commission would not ac­ ***** States to domestically made gear trains. cept a disclosure made on the shirttail. (b) Advertising in convention pro­ Moreover, the imported motor will repre­ It would, however, accept a legible dis­ gram. * * * sent approximately one-third of the closure made in the neck band as being (2) Amounts paid or incurred on or total cost of the finished unit, i.e., the in compliance with sec. 5 of the FTC after January 1, 1968, for advertising in motor and the gear train. Act.” programs of certain national political (c) Concluding that a disclosure conventions, (i) Subject to the limita­ would not be required under these (38 Stat. 717, as amended; 15 U.S.C. 41-58) tions in subdivision (ii) of this subpara­ circumstances, the Commission said: “In Issued: April 30, 1969. graph, a deduction may be allowed for the absence of any affirmative repre­ any amount paid or incurred on or after sentation that the imported motors are By direction of the Commission. January 1,1968, for advertising in a con­ made in the United States, or any other [seal] J oseph W. S hea, vention program of a political party dis­ representation that might mislead pur­ Secretary. tributed in connection with a convention chasers as to the country of origin, the [F.R. Doc. 69-5151; Piled, Apr. 30, 1969; held for the purpose of nominating can­ Commission is of the opinion that, under 8:45 a.m.] didates for the offices of President and Vice President of the United States, if 1 For sale by the Superintendent of Docu- 1 Chairman Dixon and Commissioner Mac­ the proceeds from the program are actu­ I ments, U.S. Government Printing Office, Intyre disagree because they believe the ally used solely to defray the costs of I Washington, D.O. 20402. advice is improper. conducting the convention (or are set

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 7146 RULES AND REGULATIONS aside for such use at the next convention for the request is that in these three gitude 73°22'05"; thence to latitude of the party held for such purpose) and harbors there is usually a heavy con­ 40°54'37.5", longitude 73°21'32.9"; if the amount paid or incurred for the centration of boats moored and anchored thence along the eastern shoreline to advertising is reasonable. If such amount without anchor lights. The designation latitude 40°53'33.1", longitude 72°21'- is not reasonable or if any part of the of these areas as Special Anchorage 28.2"; thence to latitude 40°53'25.8", proceeds is used for a purpose other than Areas would warn boatmen in their longitude 73°21'37.7"; thence along the that .of defraying such convention costs, vicinity that boats may be anchored shoreline to the point of beginning. no part of the amount is deductible. or moored without exhibiting anchor No t e : The areas designated by paragraphs I Whether or not an amount is reasonable lights. A public notice dated October 3, (a), (a-1), and (a-2) of this section are I shall be determined in light of the busi­ 1968, was issued by Commander, 3d principally for vessels used for a recreational I ness the taxpayer may expect to receive Coast Guard District, New York, N.Y., purpose. A vessel shall be anchored so that I ■ either directly as a result of the advertis­ describing the proposed anchorages. All no part of the vessel comes within 50 feet of ■ ing or as a result of the convention being known interested parties were notified the marked channel. A temporary float or I i held in an area in which the taxpayer and requested to comment on the pro­ buoy for marking the location of the anchor I has a principal place of business. For posal. Twenty-six letters were received of a vessel at anchor may be used. Fixed I ! these purposes, an amount paid or in­ in response to the public notice. How­ mooring piles or stakes are prohibited. I . curred for advertising will not be consid­ ever, there was no basic opposition to the ***** ered as reasonable if it is greater than establishment of these special anchorage (Sec. 1, 30 Stat. 98, as amended, sec. 6(g) (1) the amount which would be paid for com­ areas. Since the foregoing procedure af­ (B), 80 Stat. 937; 33 U.S.C. 180, 49 TJ.S.C. parable advertising in a comparable con­ forded effective notice to all interested 1655(g)(1)(B); 49 CFR 1.4(a) (3) (ii)) vention program of a nonpolitical orga­ parties, publication of the notice of pro­ 110.150 [Revoked] nization. Institutional advertising (e.g., posed rule making in the F ederal R egis­ 4. In Subpart B of Part 110, § 110.150 advertising of a type not designed to sell ter is unnecessary. Therefore, the request Huntington Harbor, Long Island, N.Y., is specific goods or services to persons to establish three special anchorage areas attending the convention) is not adver­ as described in 33 CFR 110.60(a), (a-1) revoked. tising which may be expected to result and (a-2) below is granted, subject to (Sec. 7, 38 Stat. 1053, as amended, sec. 6(g) directly in business for the taxpayer suf­ the right to change the requirements and (1) (A), 80 Stat. 937; 33 U.S.C. 471, 49 U.S.C. ficient to make the expenditures reason­ to amend the regulations if and when 1655(g) (1) (A.); 49 CFR 1.4(a) (3) ( i)) able. Accordingly, an amount spent for necessary in the public interest. Effective date. This amendment shall institutional advertising in a convention 2. This document effectuates this become effective 30 days following the program may be deductible only if the request by revising paragraph (a) of date of publication in the F ederal R eg­ taxpayer has a principal place of busi­ § 110.60, and by adding two new para­ ister. ness in the area where the convention is graphs (a-1) and (a-2) following para­ Dated: April 23,1969. held. An official statement made by a graph (a), describing the limits of the political party after a convention as to three special anchorage areas. In these W. J. S mith, the use made of the proceeds from its areas, vessels not more than 65 feet in Admiral, U.S. Coast Guard, convention program shall constitute length, when at anchor, are not required Commandant. prima facie evidence of such use. to carry or exhibit anchor lights. The [F.R. Doc. 69-5174; Filed, Apr. 80, 1969; (ii) No deduction may be taken for area is principally for use by yachts and 8:46 a.m.] any amount described in this subpara­ other recreational craft. Temporary graph which is not otherwise allowable floats or buoys for marking anchors in as a deduction under section 162, relating place are allowed. Fixed mooring piles or SUBCHAPTER J— BRIDGES to trade or business expenses. Therefore, stakes are prohibited. In addition, this [CGFR 69-27] in order for any such amount to be de­ document revokes the anchorage ductible, it must first satisfy the require­ grounds known as Huntington Harbor, pa r t 117— DRAWBRIDGE OPERA- j ments of section 162, and, in addition, it Long Island, N.Y., as described in 33 TION REGULATIONS must also 'satisfy the more restrictive CFR 110.150. Lake Pontchartrain, La. requirements of this subparagraph. 3. In Subpart A of Part 110, § 110.60 is * * * * , * amended by revising paragraph (a) and 1. The Greater New Orleans Express- I [FJR. Doc. 69-5064; Filed, Apr. 30, 1969; by adding two new paragraphs (a-1) and way Commission, through their engineer- I 8:45 a.m.] (a^2), following paragraph (a). As ing consultants, David Volkert and As- I amended § 110.60 reads as follows: sociates, by letter dated November 22, I 1968, requested the Commander, 8th I | § 110.60 Port of New York and vicinity. Coast Guard District to revise the op- ■ Title 33— NAVIGATION AND (a) Huntington Harbor. Beginning onerating regulations for the north bas- I the shoreline at latitude 40°54'19.5", cule spans of the Lake Pontchartrain H longitude 73°26'07.9"; thence to lati­ Causeway between New Orleans and I NAVIGABLE WATERS tude 40°54'19.5", longitude 73°26'02.4"; Mandeville, La. A public notice dated ■ 1 Chapter I— Coast Guard, Department thence along the eastern shoreline to the November 27,1968, setting forth the pro- H : of Transportation Mill Dam Road Bridge; thence along the posed revision of the regulations govern- I downstream side of the bridge to the ing this drawbridge was issued by the I SUBCHAPTER I— ANCHORAGES westerly side of Huntington Harbor; Commander, 8th Coast Guard District I [CGFR 69-40] thence along the western shoreline to and was made available to all persons I the point of beginning. known to have an interest in this sub- I PART 110— ANCHORAGE (a-1) Centerport Harbor. Beginning ject. The notice provided that at least I REGULATIONS at the shoreline at latitude 40° 54'00", 12 hours’ advance notice for opening the I Subpart A— Special Anchorage Areas longitude 73°22'55.3"; thence to lati­ draws would be required. After consider- I tude 40°54'03.8", longitude 73°22'52.1"; ing the relevant matters presented by I Subpart B— Anchorage Grounds thence along the eastern shoreline to the interested persons who participated in I the rule making, it was determined to I P ort of N ew Y ork and Vicinity Mill Dam Bridge; thence along the down­ stream side of the bridge to the westerly reduce the 12 hours’ advance notice to I 1. The Commander, 3d Coast Guardside of Centerport Harbor; thence along 3 hours. District, New York, N.Y., by letter dated 2. The purpose of this document is to I March 14, 1969, requested the establish­ the western shoreline to the point of effectuate the foregoing proposal. Ac- I ment of three special anchorage areas in beginning. cordingly, § 117.245 is amended by add- I Huntington, Centerport, and Northport (a-2) Northport Harbor. Beginning on ing a new paragraph (i) (23-b) following I Harbors, LongTsland, N.Y. The reason the shoreline at latitude 40°54'25", lon­ paragraph (i) (23-a) to read as follows: I

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1* 1969 RULES AND REGULATIONS 7147

§ 117.245 Navigable waters discharging § 1—3.814—2 Audit and records. amount in excess of $100,000, were accurate, into the Atlantic Ocean south of and ***** complete, and current, the Contracting Offi­ including Chesapeake Bay and into cer, or his authorized representatives, Shall, Audit until the expiration of 3 years from the the Gulf of Mexico, except the Mis­ date of final payment under this contract, sissippi River and its tributaries and (a) For purposes of verifying that certified cost or pricing data submitted, in conjunc­ or of the time periods for the particular outlets ; bridges where constant at­ records specified in Part 1-20 of the Federal tendance of draw tenders is not tion with the negotiation of this'contract or any contract change or other modification Procurement Regulations (41 CFR Part 1-20), required. involving an amount in excess of $100,000, whichever expires earlier, have the right * * * * * were accurate, complete, and current, the to examine those books, records, documents, Contracting Officer, or his authorized repre­ papers, and other supporting data which in­ (i) Waterways discharging into Gulf volve transactions related to this contract of Mexico east of Mississippi River. * * * sentatives, shall, until the expiration of 3 years from the date of final 'payment under or which will permit adequate evaluation of (23-b) Lake Pontchartrain, La.; this contract^ or of the time periods for the the cost or pricing data submitted, along Greater New Orleans Expressway Com­ particular records specified In Part 1—20 of with the computations and projections used mission causeway across Lake Pontchar­ the Federal Procurement Regulations (41 therein. train, north bascule spans. At least 3 CFR Part 1-20), whichever expires earlier, (c) The Contractor shall preserve and hours’ advance notice required. have the right to examine those books, make available his records (1) until the records, documents, papers, and other sup­ expiration of 3 years from the date of final ***** porting data which involve transactions re­ payment under this contract, or of the time (Sec. 5, 28 Stat. 362, as amended, sec. 6(g) lated to this contract or which will permit periods for the particular records specified (2), 80 Stat. 937; 33 U.S.C. 499, 49 U.S.C. adequate evaluation of the cost or pricing in 41 CFR Part 1-20, whichever expires 1655(g) (2); 49 CFR 1.4(a) (3) (v) ) data submitted, along with the computations earlier, and (2) for such longer period, if and projections used therein. any, as is required by applicable statute, or Effective date. This amendment shall by other clauses of this contract, or by (i) become effective 30 days after publica­ * * * * * or (ii) below. tion in the F ederal R egister. Audit—P rice Ad ju st m e n t s (i) * * * Dated: April 23,1969. * * * * * (ii) Records which relate to (A) appeals (b) For purposes of verifying that certified under the “Disputes” clause of this con­ W. J. S mith, cost or pricing data submitted in conjunction tract, (B) litigation or the settlement of Admiral, U.S. Coast Guard, with such a contract change or modification claims arising out of the performance of this Commandant. were accurate, complete, and current, the contract, or (C) costs and expenses of this contract as to which exception has been [F.R. Doc. 69-5229; Filed, Apr. 30, 1969; Contracting Officer of the Government prime contract, or his authorized representatives, taken by the Contracting Officer or any of 8:51 a.m.] shall, until the expiration of 3 years from his duly authorized representatives, shall be the date of final payment under this con­ retained until such appeals, litigation, tract, or of the time periods for the partic-' claims, or exceptions have been disposed of. ular records specified in Part 1-20 of the * * * * $ Title 41— PUBLIC CONTRACTS Federal Procurement Regulations (41 CFR Audit Part 1—20), whichever expires earlier, have the right to examine those books, records, (a) For purposes of verifying that certi­ AND PROPERTY MANAGEMENT documents, papers, and other supporting data fied cost or pricing data submitted in con­ junction with the negotiation of this con­ Chapter 1— Federal Procurement which involve transactions related to this contract or which will permit adequate eval­ tract or any contract change or other Regulations uation of the cost or pricing data submitted, modification involving an amount in excess along with the computations and projections of $100,000, were accurate, complete, and RETENTION OF RECORDS BY CON­ used therein. current, the Contracting Officer of the Gov­ TRACTORS AND SUBCONTRACTORS ernment prime contract, or his authorized ***** representatives, shall, until the expiration of This amendment provides for changes Audit—P rice Ad ju st m e n t s 3 years from the date of final payment under in certain contractual examination of * * * * * this contract, or of the time periods for the records clauses in Parts 1-3,1-7, and 1-16 particular records specified in Part 1-20 of to implement the provisions of new Part (b) For purposes of verifying that certi­ the Federal Procurement Regulations (41 fied cost or pricing data submitted in con­ CFR Part 1-20), whichever expires earlier, 1- 20. junction with such a contract change or have the right to examine those books, rec­ Essentially, new Part 1-20 provides other modification were accurate, complete, ords, documents, papers, and other support­ policies and procedures governing the and current, the Contracting Officer, the ing data which involve transactions related retention of records by Government con­ Comptroller General of the United States, or to this contract or which will permit ade­ tractors and their subcontractors which any authorized representatives, shall, until quate evaluation of the cost or pricing data must be maintained to comply with con­ the expiration of 3 years from the date of submitted, along with the computations and final payment under this contract, or*of the . projections used therein. • tract negotiation, administration, or time periods for the particular records spec­ audit requirements of the contracting ified in Part 1—20 of the Federal Procure­ * * * * 4c agency or the Comptroller General of the ment Regulations (41 CFR Part' 1-20), Audit—P rice A d ju stm en ts United States. In addition, Part 1-20 in­ whichever expires earlier, have the right to * 4 * * He cludes a schedule covering the more com­ examine those books, records, documents, (b) For purposes of verifying that any mon bulk records which must be main­ papers, and other supporting data which certified cost or pricing data submitted in involve transactions related to this con­ conjunction with a contract change or other tained and provides that there shall be tract or which will permit adequate evalu­ compliance with specified audit and re­ ation of the cost or pricing data submitted, modification were accurate, complete, and view requirements of the Government if current, the Contracting Officer of the Gov­ along with the computations and projec­ ernment prime contract, or his authorized the records enumerated in the schedule tions used therein. are retained for the time periods representatives, shall, until the expiration of indicated. * * * * * 3 years from the date of final payment under The table of parts for Chapter 1 is Audit and R ecords this contract, or of the time periods for the amended by adding the following entry: * * * * * particular records specified in Part 1—20 of the 1-20 Retention requirements for contrac­ (b) The Contractor’s plants, or such part Federal Procurement Regulations (41 CFR tor and subcontractor records. thereof as may be engaged in the perform­ Part 1-20), whichever expires earlier ^ have ance of this contract, and his records shall the right to examine those books, records, PART 1-3— PROCUREMENT BY be subject at all reasonable times to inspec­ documents, papers, and other supporting NEGOTIATION tion and audit by the Contracting Officer or data which involve transactions related to Subpart 1—3.8— Price Negotiation his authorized representatives. In addition, this contract or which will permit adequate for purposes of verifying that cost or pricing evaluation of the cost or pricing data sub­ Policies and Techniques data submitted, in conjunction with the mitted, along with the computations and Section 1-3.814-2 is amended as negotiation of this contract or any contract projections used therein. follows: change or other modification involving an' * * * * *

FEDERAL REGISTER, V O L 34, NO. 83— THURSDAY, MAY 1 1969 7148 RULES AND REGULATIONS

PART 1-7— CONTRACT CLAUSES ard Form 19, December 1965 edition). contracts expected to exceed $100,000 Pending revision of Standard Form 19, which may entail certain changes or Subpart 1—7.1— Fixed-Price Supply agencies shall modify this form by delet­ other modifications in excess of $100,000 Contracts ing paragraphs (a) and (b) of Clause 12, (see § 1-3.814-2 (b) ), entered into on or Section 1-7.101-10 is amended as Examination of Records, and by substi­ after April 28, 1969, which contain follows: tuting therefor the clause prescribed in records retention requirements set forth § 1-7.101-10. in the contractual clauses included in § 1—7.101—10 Examination of records. ***** contracts and subcontracts as prescribed E xam ination o p R ecords by the provisions of the Federal Procure­ ment Regulations described and enu­ (a) The Contractor agrees that the Comp­ PART 1-20— RETENTION REQUIRE­ troller General of the United States or any of merated in § 1- 20.201 (a). MENTS FOR CONTRACTOR AND his duly authorized representatives shall, un­ § 1—20.102—2 Exemption of Atomic En­ til expiration of 3 years after final payment SUBCONTRACTOR RECORDS ergy Commission contracts. under this contract, or of the time periods for the particular rècords specified in Part Part 1-20 is added which reads as fol­ The requirements of this Part 1-20 are 1-20 of the Federal Procurement Regulations lows: not mandatory on the Atomic Energy (41 CFR Part 1-20), whichever expires Sec. Commission. earlier, have access to and the right to ex­ 1-20.000 Scope of part. amine any directly pertinent books, docu­ § 1—20.102—3 Application to contracts ments, papers, and records of the Contractor Subpart 1—20.1— Purpose and Applicability entered into prior to April 28, 1969. involving transactions related to this contract. 1-20.101 Purpose. Contractors and subcontractors may I (b) The Contractor further agrees to in­ 1-20.102 Applicability. follow the provisions of this Part 1-20 I clude in all his subcontracts hereunder a 1-20.102-1 General. with respect to contracts and subcon- I provision to the effect that the subcontractor 1-20.102-2 Exemption of Atomic Energy tracts entered into prior to April 28,1969,1 agrees that the Comptroller General of the Commission contracts. in complying with any of the following I United States or any of his duly authorized 1-20.102-3 Application to contracts entered into prior to April 28, 1969. contractual clauses: (a) General Ac-1 representatives shall, until expiration of 3 counting Office records examination I years after final payment under the sub­ Subpart 1 —20.2— General Provisions contract, or of the time periods for the par­ clauses pursuant to 41 U.S.C. 254(c) and I ticular records specified in Part 1-20 of the 1—20.201 General retention requirements. Ob) records examination clauses relating I Federal Procurement Regulations (41 CFR 1-20.202 Other record retention require­ to cost and pricing data pursuant to I Part 1-20), whichever expires earlier, have ments. § 1-3.814-2. access to and the right to examine any di­ 1-20.203 Disposition of records after re­ rectly pertinent books, documents, papers, tention period. Subpart 1—20.2— General Provisions I 1-20.204 Costs of certain retentions under and records of such subcontractor, involving § 1—20.201 General retention require-1 transactions related to the subcontract. The cost-reimbursement contracts. term “subcontract” as used in this clause 1-20.205 Examination of records in spe­ ments. excludes (1) purchase orders not exceeding cial situations. (a) Contractors and subcontractors I $2,500 and (2) subcontracts or purchase 1—20.206 Identification of records. are required to retain and make avail* I orders for public utility services at rates 1—20.207 Interfiled records; able books, records, documents, and I established for uniform applicability to the 1—20.208 Calculation of records retention other supporting evidence to satisfy con- I general public. periods. 1—20.209 Duplicate copies of records and tract negotiation, administration, and I ***** intermediate data. audit requirements of the contracting I agency and the Comptroller General of I PART 1-16— PROCUREMENT FORMS Subpart 1—20.3— Retention Requirements the United States as set forth in the I 1-20.301 Retention periods. contract clauses prescribed under §§ 1- I Subpart 1—16.1— Forms for Adver­ 1-20.301-1 Financial and cost accounting 3.814-2, 1-7.101-10, 1-7.101-30, 1-7.602-1 tised Supply Contracts records. 5, and 1-7.602-7. 1-20.301-2 Pay administration records. (b) These contract clauses prior to I Section 1-16.101 (c) is revised as 1-20.301-3 Procurement and supply records. follows: April 28, 1969, require contractors and I Au t h o r it y : The provisions of this Part subcontractors to retain the records I § 1—16.101 Contract forms. 1-20 issued under sec. 205(c), 63 Stat. 390; identified therein and make them avail-1 ***** 40 U.S.C. 486(e). able to the Comptroller General of the I (c) General Provisions (Supply Con­§ 1—20.000 Scope o f part. United States or the contracting officer, I tract) (Standard Form 32, June 1964 This Part 1-20 provides policies and respectively, or their representatives, un- 1 edition). Pending the publication of a procedures for the maintenance of rec­ til the expiration of 3 years after I new edition of the form, the clause pre­ ords retained by contractors and subcon­ final payment under the contract or sub- H scribed in § l-1.805-3(a) shall be sub­ contract. As revised effective April 28,1 tractors pursuant to specified contractual 1969, the clauses also provide that certain I stituted for the present provision of clauses included in contracts and sub­ Article 22, Utilization of Concerns in of these records, enumerated under I contracts to satisfy certain statutory and § 1-20.301, need only be retained until I Labor Surplus Areas, and the clause pre­ administrative records review require­ the expiration of the applicable records I scribed in § 1-12.803-2 shall be substi­ ments of the Government. tuted for the present provision of Arti­ retention period authorized by this Part ■ cle 18, Equal Opportunity. In addition, Subpart 1—20.1— Purpose and 1- 20, if such period expires earlier than I agencies shall further modify this form Applicability 3 years after final payment under the I by deleting paragraphs (a) and (b) of contract or subcontract. Article 10, Examination of Records, and § 1—20.101 Purpose. (c) Section 1-20.301 identifies specific I by substituting therefor the clause pre­ The provisions of this Part 1-20 are records and designates retention periods I scribed in § 1-7.101-10. designed to relieve the burden of exces­ for each. These retention periods may be I ***** sive records retention requirements on applied by contractors and subcontrac- 1 contractors and subcontractors while at tors in complying with the general I Subpart 1—16.4— Forms for Adver­ the same time ensuring that the records records retention requirements of §1 - 1 tised Construction Contracts review requirements of the Comptroller 20.201 if longer retention periods are not I Section 1-16.401 (a) is revised as fol­ General of the United States and those otherwise required (see § 1- 20.202). lows: of contracting agencies are fully met. § 1—20.202 Other record retention re-1 quirements. § 1—16.401 Forms prescribed. § 1—20.102 Applicability. (a) Compliance with the records re - 1 * * * * * § 1-20.102-1 General. tention requirements of the contract ■ (a) Invitation, Bid, and Award (Con­ This Part 1-20 applies to negotiated clauses set forth in the sections cited in ■ struction, Alteration, or Repair) (Stand­ contracts, and to formally advertised § 1- 20.201 does not relieve a contractor I

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 RULES AND REGULATIONS 7149 or subcontractor from retaining any period of retention up to the expiration nated, provided retention is required un­ records for whatever longer periods may of 3 years after final payment under der § 1-20.201. The designated retention be required by any other clause of the the contract or subcontract. periods shall be calculated as shown in contract or subcontract, or by other ap­ § 1—20.206 Identification of records. §§ 1-20.207 and 1-20.208. plicable statute or lawful requirement. § 1—20.301—1 Financial and cost ac­ (For example, contract clauses and Records are identified in this Part counting records. related regulations issued by the Depart­ 1-20 primarily in terms of their purpose ment of Labor require contractors and or use, and not by specific name or form (a) Accounts receivable invoices, ad­ subcontractors to retain certain records number. The descriptive identifications justments to the accounts, invoice reg­ for a stated period, such as 29 CFR may or may not conform to contractor or isters, carrier freight bills, shipping 1516.3.) subcontractor usage or individual filing orders, or other documents which detail (b) In this regard, contractors andpractices. Nevertheless, these identifica­ the material or services billed on the re­ subcontractors may find helpful the tions apply to all records kept by the con­ lated invoices: Retain 4 years. “Guide to Retention Requirements” pub­ tractor or subcontractor which come (b) Material, work order, or service within the description. order files; consisting of purchase requi­ lished annually in the F ederal R egister sitions or purchase orders for material and codified in 1 CFR, Appendix A. This § 1—20.207 Interfiled records. is a guide in digest form to the provisions or services, or orders for transfer of ma­ of Federal laws and regulations relating If two or more of the record categories terial or supplies: Retain 4 years. to the keeping of records by the public. described in § 1- 20.201 are interfiled and (c) Cash advance recapitulations, pre­ It tells the user what records must be screening for disposal is not practical, pared as posting entries to accounts re­ kept, who must keep them, and how long the contractor or subcontractor shall re­ ceivable ledgers for amounts of expense they must be kept. The guide does not tain the entire record series for the long­ vouchers prepared for employees’ travel have the effect of law, but is published est period prescribed for any category and related expenses: Retain 4 years. to point out legal requirements that ap­ of records filed within the series. (d) Paid, canceled, and voided checks, pear to be in effect as of January 1 of § 1—20.208 Calculation of records reten­ other than those issued for the payment the calendar year. tion periods. of salary and wages: Retain 4 years. (e) Accounts payable records to sup­ § 1—20.203 Disposition of records after (a) The prescribed retention periods port disbursements of funds for materi­ retention period. for the records described in § 1- 20.201 als, equipment, supplies, and services, At the conclusion of 'the applicable shall be calculated from the end of the containing originals or copies of the fol­ time period for which any records must contractor’s or subcontractor’s fiscal year lowing and related documents; remit­ be retained, destruction or other disposi­ in which an entry is made charging or tance advices and statements, vendors’ tion of the records is at the discretion of allocating a cost to a Government con­ invoices, invoice audits and distribution the contractor or subcontractor, and re­ tract or a subcontract thereunder. Where slips, receiving and inspection reports or quires no authorization from the con­ there is a series of such entries involving comparable certifications of receipt and tracting agency. However, nothing in this a specific record, the retention period inspection of material or services, and Part 1-20 shall be construed as: shall be calculated from the end of the debit and credit memoranda: Retain 4 contractor’s or subcontractor’s fiscal year years. (a) Authorizing the destruction or in which the final entry is made. To ap­ other disposition of any records where, ply these retention periods, the contrac­ (f) Labor cost distribution cards or for any reason, the Comptroller Gen­ tor or subcontractor should cut off the equivalent documents : Retain 2 years. eral of the United States, the contracting records in annual blocks and retain them (g) Petty cash records showing de­ officer, or their representative, requests for block disposal in accordance with the scription of expenditures, to whom paid, the contractor or subcontractor to retain prescribed retention periods under the name of person authorizing payment, and the records for a longer period than related contract or subcontract. date, including copies of vouchers and would otherwise be required; or (b) An exception to the foregoing other supporting documents: Retain 2 (b) Requiring the contractor or sub­ starting time for the retention periods years. contractor to destroy or make other dis­ shall be made where records generated position of any records he may desire to § 1—20.301—2 Pay administration rec­ during a prior contract are relied upon ords. retain for his own purposes (for example, by a contractor for cost and pricing data in connection with submitting to the in negotiation of a succeeding contract; (a) Payroll sheets, registers, or their Government claims or requests for here the 2- and 4-year periods shall run equivalent, of salaries and wages paid to adjustments). from the date of the succeeding contract. individual employees for each payroll period; change slips; and tax withhold­ § 1—20.204 Costs of certain retentions § 1—20.209 Duplicate copies of records under cost-reimbursement contracts. ing statements: Retain 4 years. and intermediate data. (b) Clock cards or other time and With respect to cost-reimbursement (a) Duplicate copies of records or sup­ attendance cards: Retain 2 years. type contracts, reimbursement for costs porting documents need not be retained. (c) Paid checks, receipts for wages incurred by the contractor in retaining However, if a duplicate copy contains paid in cash, or other evidence of pay­ for his own purposes any records be­ significant information not shown on ments for services rendered by employ­ yond an applicable time period desig­ the record copy maintained by the con­ ees : Retain 2 years. nated in this Part 1-20 shall be gov­ tractor or subcontractor, it shall be re­ erned by the appropriate cost principles tained as if it were the record copy. § 1—20.301—3 Procurement and supply set forth in Part 1-15. (b) Intermediate data records con­ records. § 1—20.205 Examination of records in sisting of punched cards, electronic tape, (a) Stores requisitions for materials, special situations. or comparable media need not be re­ supplies, equipment, and services: Retain tained if printouts or listings are pre­ 2 years. Where the contractor or subcontractor pared and maintained showing the de­ retains any records identified in § 1- (b) Work orders for maintenance and 20.301 beyond the retention periods ap­ tails of the transactions charged or al­ other services: Retain 4 years. plicable thereto (a) because of other rec­ located to individual Government con­ (c) Equipment records, consisting of tracts and identifying the supporting equipment utilization and status reports ords retention requirements, or (b) at source documents. the request of the Comptroller General and equipment repair orders: Retain 4 of the United States, the contracting of­ Suhpart 1—20.3— Retention years. ficer, or their representatives, or (c) for Requirements (d) Expendable property records, re­ his own purposes, such records shall be flecting accountability for the receipt available for examination by the Comp­ § 1,-20.301 Retention periods. and use of material in the performance troller General of the United States or The records listed in this Subpart 1- of a contract: Retain 4 years. the contracting officer, respectively, or 20.3 shall be retained by contractors and (e) Receiving and inspection report their representatives, for the extended subcontractors for the periods desig- records, consisting of reports reflecting

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 No. 83----- 5 7150 RULES AND REGULATIONS receipt and inspection of supplies, equip­ as to the geographical limits to be ap­ Dated: April 25,1969. plied to the medical community will ac­ ment, and materials: Retain 4 years. R obert H. F inch, (f) Purchase order files for supplies, company each proposed contract or Secretary. equipment, materials, or services, to be agreement. [F.R. Doc. 69-5220; Filed, Apr. 30, 1969; used in the performance of a contract (Sec. 205(c), 63 Stat. 390, as amended, 40 8:50 am.] or subcontract: Retain 4 years. U.S.C. 486(c); sec. 210(c), 72 Stat. 1114, 38 (g) Production records of quality con­ U.S.C. 210(c) ) trol, reliability, and inspection: Retain 4 These regulations are effective PART 81— AIR QUALITY CONTROL years. . immediately. REGIONS, CRITERIA, AND CONTROL (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c) ) By direction of the Administrator. TECHNIQUES Effective date. These regulations are Approved: April 25, 1969. Metropolitan Pittsburgh Intrastate Air effective April 28, 1969. [seal] A. H. Monk, Quality Control Region Dated: April 24,1969. Associate Deputy Administrator. On February 12, 1969, notice of pro­ R obert L. K unzig, [F.R. Doc. 69-5201; Filed, Apr. 30, 1969; posed rule making was published in the Administrator of General Services. 8:49 a.m.] F ederal R egister (34 F.R. 2054) to [F.R. Doc. 69-5155; Filed, Apr. 30, 1969; amend Part 81 by designating the Metro- 8:45 a.m.] • politan Pittsburgh Intrastate Air Quality Control Region. Title 42— PUBLIC HEALTH Interested persons were afforded an I Chapter 8— Veterans Administration opportunity to participate in the rule I Chapter I— Public Health Service, De­ making through the submission of com- I PART 8-3— PROCUREMENT BY partment of Health, Education, and ments, and a consultation with appro- I NEGOTIATION Welfare priate State and local authorities pur- I Personal or Professional Services and suant to section 107 (a) of the Clean Air I SUBCHAPTER G— PREVENTION, CONTROL, AND Act (42 U.S.C. 1857c-2(a)) was held on I Sharing of Medical Facilities and ABATEMENT OF AIR POLLUTION February 27, 1969. Due consideration has I Equipment PART 81— AIR QUALITY CONTROL been given to all relevant material I 1. In § 8-3.204, paragraphs (b)(1) and REGIONS, CRITERIA, AND CONTROL presented. (e) are amended and paragraph (f) is TECHNIQUES In consideration of the foregoing and I added so that the added and amended in accordance with the statement in the I material reads as follows: San Francisco Bay Area Intrastate Air notice of proposed rule making, § 81.23, I Quality Control Region as set forth below, designating the I § 8—3.204 Personal or professional serv­ Metropolitan Pittsburgh Intrastate Air I ices. On January 10, 1969, notice of pro­ Quality Control Region, is adopted effec- I * * * * * posed rule making was published in the tive on publication. (b) * * * F ederal R egister (34 F.R. 400) to amend (1) Contracts with medical schoolsPart 81 by designating the San Francisco § 81.23 Metropolitan Pittsburgh Intra- I and clinics to provide scarce medical Bay Area Intrastate Air Quality Control state Air Quality Control Region. I specialist services at Veterans Adminis­ Region. The Metropolitan Pittsburgh Intra- I tration facilities, including, but not Interested persons were afforded an state Air Quality Control Region (Penn- I limited to, radiologists, pathologists, and opportunity to participate in the rule sylvania) consists of the territorial area I psychiatrists, as authorized by 38 U.S.C. making through the submission of com­ encompassed by the boundaries of the I 4117. Contracts of this type may provide ments, and a consultation with appro­ following jurisdictions or described area I for professional and technical direction priate State and local authorities pursu­ (including the territorial area of all mu- I of the medical service involved, but may ant to section 107(a) of the Clean Air nicipalitdes (as defined in section 302(f) I not provide for the administrative super­ Act (42 U.S.C. 1857c-2(a)) was held on of the Clean Air Act, 42 U.S.C. 1857h(f)) I vision of Veterans Administration January 31, 1969. Due consideration has geographically located within the outer- I employees. been given to all relevant material most boundaries of the area so I ♦ * * * * presented. delimited): In consideration of the foregoing and (e) Requirements for scarce medical in accordance with the statement in the In the State of Pennsylvania: specialist services to be obtained under Allegheny County. notice of proposed rule making, § 81.21, Armstrong County. contracts with medical schools or clinics as set forth below, designating the San Beaver Comity. will be processed by the station contract­ Francisco Bay Area Intrastate Air Qual­ Butler County. ing officer. Each proposed contract or ity Control Region, is adopted effective Lawrence County. renewal will be submitted to the Regional on publication. Medical Director (134) for approval by Washington Comity. § 81.21 The San Francisco Bay Area Westmoreland the Chief Medical Director. County. (f) For professional services, other Intrastate Air Quality Control Region. than those in paragraph (e) of this The San Francisco Bay Area Intra­ (Secs. 107(a), 301(a), 81 Sitat. 490, 504; 42 section, requests to enter into or renew state Air Quality Control Region consists U.S.C. 1857c-2(a), 1857g (a)) contracts will be submitted to the de­ of the territorial area encompassed by Dated: April 25, 1969. partment or staff head concerned or his the boundaries of the following jurisdic­ R obert H. F inch, designee for approval. tions (including the territorial area of all Secretary. municipalities as defined in section 362 2. In § 8-3.215, paragraph (i) (3) is (f) of the Clean Air Act, 42 U.S.C. 1857 [F.R. Doc. 69-5219; Filed, Apr. 30, 1969; amended to read as follows: h(f) geographically located within the 8:50 a.m.] § 8—3.215 Otherwise authorized by law. outermost boundaries of the area so * * * * * delimited); PART 81— AIR QUALITY CONTROL (i) Sharing of medical facilities and In the State of California: REGIONS, CRITERIA, AND CONTROL equipment. * * * Sonoma County. San Francisco County. TECHNIQUES (3) Each proposed contract, agree­ Napa County. San Mateo County. Solano County. Alameda County. Niagara Frontier Intrastate Air ment or renewal will be forwarded to the Marin County. Santa Clara County. Regional Medical Director (134), for ap­ Contra Costa County. Quality Control Region proval by the Chief Medical Director. (Secs. 107(a), 301(a), 81 Stat. 490, 504; 42 On February 12, 1969, notice of pro­ A recommendation by the station head U.S.C. 1857C-2(a), 1857g(a)) posed rule making was published In the

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1« 1969 RULES AND REGULATIONS 7151

Federal R egister (34 F.R. 2053) to making of arrangements by the Commis­ or apply secs. 1-6, 7-9 (as later renumbered amend Part 81 by designating the Ni­ sioner of Education to provide free pub­ 301-303), 64 Stat. 1100-1108, as amended; 20 agara Frontier Intrastate Air Quality lic education for children residing on U.S.C. 236-241, 242-244. Control Region. certain Federal property under Title X, Subpart A— Scope and Definitions Interested persons were afforded an Public Law 874, 81st Congress (64 Stat. opportunity to participate in the rule 1100), as amended, other than under § 115.1 Scope. making through the submission of com­ section 7 thereof. The regulations in this part govern ments, and a consultation with appro­ Part 115 is revised as follows to reflect the granting of financial assistance priate State and local authorities the amendments made by Public Law under Title I of the Act (other than sec­ pursuant to section 107(a) of the Clean 89-750, Public Law 90-247, and Public tion 7) to applicants within a State of Air Act (42 U.S.C. 1857c-2(a)) was held Law 90-576. the Union, Puerto Rico, the Virgin on February 28, 1969. Due consideration Subpart A— Scope and Definitions Islands, Wake Island, Guam, the District has been given to all relevant material Sec. of Columbia, and American Samoa. presented. 115.1 Scope. § 115.2 Provisions not exhaustive of ju­ In consideration of the foregoing and 115.2 Provisions not exhaustive of juris­ risdiction of the Commissioner. in accordance with the statement in the diction of the Commissioner. notice of proposed rule making, § 81.24, 115.3 Definitions. The regulations in this part shall not as set forth below, designating the Niag­ 115.4—115.9 [Reserved] be deemed exhaustive of the jurisdiction ara Frontier Intrastate Air Quality Con­ Subpart B— Applications of the Commissioner with respect to Title I of the Act. The provisions of this trol Region, is adopted effective on 115.10 Applications. publication. 115.11 Final date for filing applications for part may be modified or further regula­ financial assistance. tions may be issued hereafter as circum­ § 81.24 Niagara Frontier Intrastate Air stances may warrant. (20 U.S.C. 242(b)) Quality Control Region. 115.12 Applications under sections 2, 3, and 4 received after deadline not con­ § 115.3 Definitions. The Niagara Frontier Intrastate Air sidered for payment. Quality Control Region (New York) con­ 115.13 Notification to applicants. All terms used in this part which are sists of the territorial area encompassed 115.14-115.19 [Reserved] defined in the Act and not defined in this section shall have the meaning given by the boundaries of the following juris­ Subpart C— Payment dictions or described area (including the to them in the Act. As used in this part, 115.20 Changes in boundaries, classification and for the purposes of this part and territorial area of all municipalities (as and governing authority of appli­ defined in section 302(f) of the Clean cants. determinations under Title I of the Act, Air Act, 42 U.S.C. 1857H(f)) geographi­ 115.21 Payment under section 3 when per­ the following terms shall have the mean­ cally located within the outermost boun­ centage eligibility requirement is ing indicated in paragraphs (a) to (j) of daries of the area so delimited): not met. this section. 115.22 Election under section 4(c). (a) “The Act” means Public Law 874, In the State of New York: 115.23 Payments. 81st Congress (64 Stat. 1100); as Erie County. Niagara County. 115.24 Reduction of financial assistance un­ amended by Public Law 248, 83d Con­ (Secs. 107(a), 301(a), Stat. 400, 504; 42 U.S.C. der sections 2, 3, and 4 because of gress (67 Stat. 530); Public Law 204, 84th 18570-2(a), 1857g(a)) insufficient appropriations. 115.25 Adjustment in entitlement for re­ Congress (69 Stat. 433); Public Law 221, Dated: April 25,1969. 84th Congress (69 Stat. 485); Public ductions in State aid. Law 382, 84th Congress (69 Stat 713); R obert H. F inch, 115.26 Failure or refusal of a local educa­ tional agency to educate children Public Law 949, 84th Congress (70 Stat. Secretary. living on Federal property. 970); Public Law 896, 84th Congress (70 [F.R. Doc. 69-5217; Filed, Apr. 30, 1969; 115.27-115.29 [Reserved] Stat. 909); Public Law 85-620 (72 Stat. 8:50 a.m.] 559); Public Law 86-70 (735 Stat. 144); Subpart D— Generally Comparable Districts, Public Law 86-449 (74 Stat. 89); Public Local Contribution Rate Law 86-624 (74 Stat. 414); Public Law 115.30 Determination of generally compara­ 87-344 (75 Stat. 759); Public Law 88-210 ble school districts. Title 45— PUBLIC WELFARE 115.31 Computation of local contribution (77 Stat. 419); Public Law 88-665 (78 rate. Stat. 1109); Public Law 89-10 (79 Stat. Chapter I— Office of Education, De­ 115.32 Increase in or special local contribu­ 27); Public Law 89-77 (79 Stat. 243); partment of Health, Education, and tion rate. Public Law 89-313 (79 Stat. 1159); Pub­ Welfare 115.33-115.39 [Reserved] lic Law 89-750 (80 Stat. 1191); and Public Law 90-247 (81 Stat. 783), Public PART 115— FINANCIAL ASSISTANCE Subpart E— Records and Reports Required by the Law 90-576 (82 Stat. 1064). FOR CURRENT EXPENDITURES OF Commissioner (b) “The Commissioner” means the LOCAL EDUCATIONAL AGENCIES 115.40 Records and reports required of Commissioner of Education, Department applicants. IN AREAS AFFECTED BY FEDERAL of Health, Education, and Welfare. 115.41 Necessity and effect of final reports (c) “Applicant” means any local edu­ ACTIVITIES AND ARRANGEMENTS by applicants under section 2, 3 cational agency which files an applica­ FOR FREE PUBLIC EDUCATION OF or 4. 115.42 Retention of records. tion for financial assistance under CERTAIN CHILDREN RESIDING ON 115.43 Reports from other Federal agencies. section 2, 3, or 4 of the Act, or any sub­ FEDERAL PROPERTY 115.44-115.49 [Reserved] section of section 3 or section 4, and the regulations in this part, but does not Federal financial assistance made Subpart F— Arrangements Under Section 6 of the include one proposing arrangements pursuant to the regulations set forth Act under section 6 of the Act. below is subject to the regulation in 45 115.50 Proposal for arrangements for cer­ (d) “Application” means Form RSF- CFR Part 80, issued by the Secretary of tain children residing on Federal 1, “Application for Financial Assistance Health, Education, and Welfare and ap­ property. for Current Expenditures for Public proved by the President to effectuate the 115.51 Determination by the Commissioner. Schools in Areas Affected by Federal Ac­ provisions of section 601 (42 U.S.C. 115.52 Arrangements under section 6(b) and section 6(c). tivities” properly completed and exe­ 2000d) of the Civil Rights Act of 1964 115.53 Terms of arrangements. cuted, including amendments thereto, (Public Law 88-352). 115.54 Expenditures. and, to the extent indicated by the ap­ Part 115 of 45 CFR deals with the filing 115.55 Reports. plicant, any document or documents in and processing of applications for finan­ 115.56 Termination of arrangements. support thereof, filed by or on behalf of cial assistance for current expenditures Au t h o r it y : The provisions of this Part 115 an applicant requesting financial assist­ of local educational agencies in areas issued under sec. 7 (as later renumbered ance under Title I of the Act and the affected by Federal activities and for the 301), 64 Stat. 1107; 20 U.S.C. 242. Interpret regulations in this part.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 7152 RULES AND REGULATIONS

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 RULES AND REGULATIONS 7153 a Federal activity which has been initi­ bility or entitlement relates to the num­ fiscal year of the 2 fiscal year periods ated or reactivated, or upon the acquisi­ ber of federally connected children, preceding the fiscal-year of application. tion of property by the United States determined in accordance with either of (c) If a local educational agency, after the application was initially filed, the following, whichever is more favor­ which had timely filed an application or upon an amendment to the Act after able to it: under section 3 of the Act and was en­ the application was filed, or upon a de­ (1) On the basis of the entire area titled to payment by virtue of paragraph termination of the Commissioner first under its jurisdiction on the last day of (a) or (b) of this section, ceases to be a communicated to the applicant that such year; or legally constituted local educational property is or is not “Federal property” (2) On the basis only of the area ac­ agency as a result of a district reorgani­ under section 303(1) of the Act if such quired by the local educational agency zation through merger, annexation, con­ an amendment is filed within 60 days from the previously existing local educa­ solidation, or other similar action, effec­ of the occurrence or communication of tional agency, except that the latter tive prior to the close of the regular the Commissioner’s ruling to the appli­ basis may be used (i) for an application school term within the fiscal year cov­ cant. (20 U.S.C. 240(a)) under section 3 of the Act only if a ered by the application (thereby becom­ § 115.12 Applications under sections 2, favorable finding has been made (or ing subject to the provisions of § 115.20 3, and 4 received after deadline not would have been made in due course but (b) ), a successor local educational considered for payment. for the change in district organization) agency which assumes administrative on the basis of the estimates required control ahd direction of free public edu­ Applications under sections 2, 3, and under section 3(c) (2) of the Act with cation in all or a portion of the area 4 of the Act received by the Commissioner respect to the previously existing agency, of such previously existing applicant after the applicable filing date pre­ and (ii) for an application under section prior to the close of the regular school scribed by § 115.11 will not be ap­ 4 of the Act only if such a favorable find­ term of such previously existing appli­ proved. (20 U.S.C. 240(a)) ing has been made (or would have been cant shall, if (unless already an appli­ § 115.13 Notification to applicants. made in due course but for the change cant under section 3) it files an applica­ in district organization) under section tion in accordance with § 115.11(d), and Each applicant will be notified of the 4 (a)(1). subject to appropriate adjustment on initial approval or disapproval of its (c) Any payment made to a local edu­account of payments made to such pre­ application under one or more of the sec­ cational agency prior to the date on viously existing local educational agency, tions or subsections of Title I of the Act, which the first sentence of paragraph be entitled, if it so desires, to have its and the estimated amount of the pay­ (b) of this section became applicable to application processed on the basis df the ment, if any, to be made. (20 U.S.C. 240) it must be repaid to the United States area acquired from the previously exist­ Subpart C— Payment except to the extent that (1) it is ac­ ing local educational agency, and on the counted for by the adjustments made in basis of the rights of that agency, with­ § 115.20 Changes in boundaries, classi­ the entitlements of any successor appli­ out regard to the 3 percent requirement. fication and governing authority of cant local educational agency pursuant (d) A reduction in the number of applicants. to paragraph (b) of this section or para­ children resulting from a decrease in, (a) If the applicant is a party to any graph (c) of § 115.21 and (2) any bal­ or cessation of, Federal activities or a merger, consolidation, annexation, de- ance remaining thereafter is found by failure of such activities to occur, to consolidation, or other similar action the Commissioner not to be in excess of whom subsection 3(a) or 3(b) of the which may affect its boundaries, identity, the amount to which the preexisting Act applies and for whom a local educa­ governing authority, classification, or local educational agency would have be­ tional. agency made preparations to pro­ control, it shall notify the Commissioner come entitled on the basis of the number vide free public education during a fiscal as soon as practicable of the effective of federally connected children not cov­ year shall be deemed to be substantial date of that action, the extent and char­ ered by any other application to whom when such reduction in number equals acter thereof, and the legal authority free public education was provided by the that of the qualifying percentage or under which the action was or is to be previously existing local educational number as provided for in subsection effected. agency or by any successor non-appli­ 3(c) (2) (B) of the Act. (20 U.S.C. 238(c)) (b) If, as a result of a change in dis­ cant local educational agency. (20 U.S.C. § 115.22 Election under section 4 ( c ) . trict organization through merger, an­ 237(c)) nexation, consolidation, or other similar Pursuant to section 4(c) of the Act, § 115.21 Payment under section 3 when a local educational agency may elect to action, effective within the fiscal year percentage eligibility requirement is covered by the application and prior to not met. count for eligibility and payment under the close of the regular school term of section 4(a) of the Act the entire in­ such year, a local educational agency (a) Pursuant to the exception provi­ crease in the number of children in which had timely filed an application sion of section 3(c)(2)(B) of the Act, average daily attendance at its schools ceases to be a legally constituted local an applicant is not required to meet the during the fiscal year who are otherwise educational agency, it shall not be en­ 3 percent eligibility requirement of that eligible to be counted under section 3 titled to any payments under section 3 section if in either of the 2 years pre­ of the Act. Such an election may be made or 4 of" the Act for that fiscal year, ex­ ceding the year of application the appli­ only if an application under section 4 cept as provided in paragraph (c) of this cant met such percentage requirement is timely filed on Form RSF-1 in accord­ section. However, except as provided in and was entitled to a payment under ance with § 115.11. Such an election is § 115.21(c), a local educational agency section 3 of the Act. However, in the not subject to change after, and shall be­ which assumes administrative control second year following the year in which come final upon, the date of final pay­ and direction of free public education in the applicant last met the percentage ment for the fiscal year involved. (20 all or a portion of the area of such pre­ requirement and was entitled to a pay­ U.S.C. 239(c)) viously existing applicant prior to the ment, the payment under section 3 of the close of the regular school term of such Act shall be reduced by 50 percent. § 115.23 Payments. previously existing applicant, shall, pro­ (b) If an applicant local educational Payment of the amount which an ap­ vided that (if not already an applicant agency was not in existence in either one plicant may receive under Title I of the under this section involved) it files an or both of the two preceding fiscal years, Act and the regulations in this part will application in accordance with § 115.11 that agency may nevertheless receive the be made by the Department of the Treas­ (d), and subject to appropriate adjust­ benefit of the provisions of paragraph­ ury upon certification of the amount due ment on account of payments made to ia) of this section if that agency is com­ at such times as the Commissioner shall that previously existing local educational posed only of territory which was for­ designate. The amount so certified for agency, have its eligibility under section merly included in a predecessor agency any period may be reduced or increased, 3(c)(2), or section 4(a)(1), of the Act which met (or predecessor agencies all of as the case may be, by any sum by which which met) the percentage eligibility re­ the Commissioner finds that the amount and the amount of its entitlement for the quirement and received a net payment paid to the applicant for any prior period, entire fiscal year, insofar as such eligi- under section 3 of the Act for the same whether or not paid within the fiscal

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 7154 RULES AND REGULATIONS year, was greater or less than the amount tax revenues of a State or of a political and financial and attendance data nec- which should have been paid for such subdivision of a State may be expended sessary for the computation of per pupil prior period. (20 U.S.C. 240(b)) for the free public education of children expenditure and local contribution rate. who reside on a Federal installation On the basis of the recommendation by § 115.24 Reduction of financial assist­ within the State, or if no tax revenues of the State educational agency, the data ance under sections 2, 3, and 4 be­ a State are allocated for the free public furnished and other information which cause of insufficient appropriations. education of such Children, then that in­ he may obtain, and applying the above As prescribed by section 5(c) of the stallation shall not be considered to be criteria, the Commissioner shall deter­ Act, if the funds appropriated for a fiscal “Federal property” for the purpose of mine whether all school districts in the year are not sufficient to pay in full the computing entitlements under sections 3 State shall be classified into generally total amounts which all applicants whose and 4 of the Act of local educational comparable groups and, if so, shall de­ applications have been considered for agencies within that State with respect termine such groups. Otherwise, the de­ payment pursuant to this part are en­ to children living off that property with termination of the local contribution titled to receive under sections 2, 3, and parents who are employed thereon. rate shall be made in accordance with 4 of the. Act or any subsection thereof (b) If, for any fiscal year for which paragraph (b) of this section. Group for such fiscal year, the Commissioner section 6 (f) of the Act is effective, a local rates will be mandatory for all districts will reduce the amounts which he certi­ educational agency refuses for any other in the State unless one-half of the State, fies under section 5(d) of the Act for reason to provide free public education or one-half of the national average per such fiscal year for payment to each such for children residing on a Federal in­ pupil expenditure is used as the local applicant by the percentage by which stallation which is within its school dis­ contribution rate. the funds so appropriated are less than trict or which, in the determination of (b) In a State for which group classi­ the total necessary to pay such appli­ the Commissioner, would be within its fications of generally comparable school cants the full amount which they are school district if it were not a Federal districts are not established pursuant to entitled to receive under the Act. (20 installation, the Commissioner will de­ paragraph (a) of this section, an appli­ U.S.C. 240(c)). duct from any amount which that local cant must submit to the Commissioner § 115.25 Adjustment in entitlement for educational agency is otherwise entitled in its application the names of districts, ! reductions in State aid. under section 3 or 4 of the Act on amount preferably five in number which it deems equal to (1) the amount (if any) by generally comparable to the school dis­ (a) The amount which each local which the cost to the Commissioner of trict of the applicant with all data re­ educational agency in a State is other­ providing free public education for that quested by the Commissioner. The wise entitled to receive under section 2, year for each such child exceeds the selection by the applicant of such school 3, or 4 of the Act for any fiscal year shall local contribution rate of that agency for districts shall be based upon the criteria be reduced in the same proportion, if that year, multiplied by (2) the number set forth in paragraph (a) of this section® any, that the State has reduced for that of such children. (20 U.S.C. 241(f) ) and shall be submitted through the State I year its aggregate per pupil expenditures, educational agency for review and com-H from non-Federal sources, for current Subpart D— Generally Comparable ment. The Commissioner’s determination I expenditure purposes for free public Districts; Local Contribution Rate will be based upon such criteria and any I education below the level of such per other relevant factors. The financial,® pupil expenditures in the second preced­ § 115.30 Determination of generally comparable school districts. attendance, and other data of the® ing fiscal year. For the purpose of this selected districts must be sufficient to® section, only State aid that is paid to (a) In the case of a local educational justify the selection of such districts as® local educational agencies for free pub­ agency in a State (other than one to generally comparable and to determine® lic elementary and secondary education which § 115.32(c) is applicable) the the per pupil expenditures and the local® will be taken into account. The Com­ Commissioner will, after consultation contribution rates in such districts. On® missioner may waive or reduce this re­ with the State educational agency and the basis of information and data® duction whenever in his judgment excep­ the applicant, determine those school furnished by the applicant, or informa-® tional circumstances exist which would districts which in his judgment are gen­ tion otherwise obtained, and applying the I make its application inequitable and erally comparable to the applicant. For above criteria, the Commissioner shall® would defeat the purposes of title I of the this purpose, he may, based upon the select those school districts, which in® Act. recommendation of the State educational number and identity may be different® (b) Effective on the first day of the agency classify all school districts in a from those submitted by the applicant,® first fiscal year which begins after the State into groups of school districts which he determines to be generally I adjournment of the first complete legis­ generally comparable to one another. In comparable to the school district of the® lative session (at which State aid may be recommending to the Commissioner the applicant. (20 U.S.C. 240(d) ) considered) of the legislature of the re­ classification of all school districts in spective State held after October 16,1968, the State into generally comparable § 115.31 Compulation of local contri-1 no payment will be made during any groups, the State educational agency bution rate. fiscal year to any local educational should initially establish groups based The local contribution rate for an® agency in any State which has-taken into upon legal classifications or justify the applicant in a State (other than one I consideration payments under this title use of another factor as the principal to which § 115.32(c) is applicable) fori is determining the eligibility of any local factor. Unless the State educational any fiscal year will be computed by the I educational agency in that State for agency can establish to the satisfaction Commissioner in the following manner:! State aid, or the amount of that aid, of the Commissioner that the considera­ He shall divide (a) the aggregate current I with respect to free public education tion of additional factors will not result expenditures, during the second fiscali during that year or the preceding fiscal in greater comparability, division into year preceding the fiscal year for which I year, or which makes such aid available further groups will be required and for he is making a computation, which the I to local educational agencies in such a the purposes of such further division local educational agencies of the school I manner as to result in less State aid to consideration shall be given to grade districts, determined pursuant to§115.30| any local educational agency which is level, size as measured by total average to be generally comparable to that of the! eligible for payments under this title daily attendance, geographical size, den­ applicant, made from revenues derived I than such local educational agency sity of population, industrialization, cur­ from local sources by (b) the aggregatel would receive if it were not so eligible. rent revenues, aggregate value of prop­ number of children in average daily at-1 (20 U.S.C. 240) erty, and any other relevant factors. In tendance to whom such agencies pro-1 § 115.26 Failure or refusal of a local making its recommendations in that vided free public education during such I educational agency to educate chil­ regard to the Commissioner, the State second preceding fiscal year. The locali dren living on Federal property. educational agency will furnish such in­ contribution rate shall be an amount! (a) If, for any fiscal year for which formation as he may require, including equal to the quotient so obtained. (20 section 6 (f) of the Act is effective, no information justifying the factors used U.S.C. 238(d))

FEDERAL REGISTER, VOL. 34, NO. 93— THURSDAY, MAY 1* 1969 RULES AND REGULATIONS 7155

§ 115.32 Increase in or special local con­ ance under any subsection of section 3 port following the close of the fiscal tribution rate. or section 4 of the Act and shall make year, if an applicant is found to have re­ (a) Notwithstanding the provision in its records available to the Commissioner ceived funds in excess of its entitlement § 115.31, if the current expenditures in upon request for the purpose of examina­ or prorated portion of its entitlement for the school districts which the Commis­ tion or audit. that fiscal year, that excess will be de­ sioner had determined to be generally (b) Each applicant shall submit such ducted in computing amounts subse­ comparable to that of the applicant but reports and information as the Com­ quently certified for payment to the ap­ nevertheless, in his judgment, are not missioner may reasonably require to de­ plicant for the current or subsequent reasonably comparable because of un­ termine the amount which the applicant fiscal year. Where no such payments are usual geographical factors which affect may be paid under section 2, 3, or 4 of due, the applicant will be required to re­ the current expenditures- necessary to the Act. (20 U.S.C. 240(a), 242(b)) fund such excess to the United States maintain in the school district of the § 115.41 Necessity and effect of final re­ through the Commissioner. applicant a level of education equivalent ports by applicants under section 2, (d) Information submitted, after dead­ to that maintained in such other dis­ 3, or 4. line date. No effect will be given to "any tricts, the Commissioner may increase report or information filed by the ap­ the local contribution rate for such an (a) Submission of final reports. Each plicant after the applicable date for filing applicant by the amount he determines applicant shall for each fiscal year, sub­ a final report to increase the amount will compensate the applicant for the mit through the State educational agency computable on the basis of information increase in current expenditures neces­ on Form RSF-3 a final report to enable filed on such date, except that, where sitated by such unusual geographical the Commissioner to determine the clarifying information has been solicited amount of which the applicant is en­ in writing by the Commissioner for the factors. titled under title I of the Act. Such final (b) In no event shall the local con­ purpose of. processing applications and reports shall be received by the Com­ final reports, such information may be tribution rate for any local educational missioner on or before the 30th day of agency in any State of the Union or the given effect if received in writing by the September following the fiscal year for Commissioner. (20 U.S.C. 240(a)) District of Columbia for any fiscal year which payment is requested; except that, be less than (1) 50 percent of the aver­ whenever that date falls on a Saturday, §115.42 Retention of records. age per pupil expenditure in that State Sunday, or other legal holiday, the final Local educational agencies receiving or (2) 50 percent of the average per pupil date for filing final reports shall be the expenditure in the United States (which Federal payments under title I of the next succeeding week day which is not a Act are required to keep all records sup­ for this purpose means the 50 States of legal holiday. No certification of pay­ porting the application until the comple­ the Union and the District of Columbia) ment shall be made after the applicable tion of the administrative reviews which but not in excess of the average per pupil date for filing the final report for any expenditure in that State. For the pur­ are regularly conducted by Federal agen­ poses of the preceding sentence the fiscal year until the final report for that cies, or for 3 years following the fis­ “average per pupil expenditure” in a fiscal year shall have been received. Until cal year to which the application relates, State, or in the United States, shall be all such reports for each year for which whichever is earlier. The records involved the aggregate current expenditures, dur­ an applicant has received a payment which have been questioned should be ing the second fiscal year preceding the have been received in proper form, no further maintained until necessary ad­ fiscal year for which the computation is further payment to such applicant shall justments have been made and the ad­ made, of all local educational agencies be made under title I of the Act for any justments have' been reviewed and in the State, or in the United States, as subsequent year, unless the Commis­ cleared by the Federal agencies making the case may be, plus any direct current sioner is satisfied from other information such reviews. (20 U.S.C. 242(b)) expenditures by the States for operation that the payments already made for the § 115.43 Reports from other Federal year for which -a final report is lacking agencies. of such agencies (without regard to the do not exceed the net amount due that sources of funds from which either of applicant out of the appropriations for Because of the requirements of section such expenditures are made), divided by that year. 2 and other provisions of the Act, the the aggregate number of children in (b) Failure to submit final report when Commissioner requires information with average daily attendance to whom such appropriations insufficient. In addition to respect to certain payments made by agencies provided free public education other Federal departments and agencies during such second preceding fiscal year. the limitation in paragraph (a) of this section for any year for which the Com­ for the same general purposes. Pursuant (c) The local contribution rate for any missioner is required to reduce the to the provisions of section 302(b) of the applicant in Puerto Rico, Wake Island, amounts which he certifies for payment Act, other Federal departments and Guam, American Samoa, or the Virgin because the funds appropriated are in­ agencies which made expenditures (di­ Islands, or in any State in which a sub­ sufficient to pay in full the total amounts rectly or otherwise) for, or in aid or stantial proportion of the land is in or­ to which all applicants are entitled, un­ supplementation of, elementary and sec­ ganized territory for which a State less the final report has been received ondary education, with respect to which agency is the local educational agency, by the Commissioner on or before the an application has been filed with the or in any State in which there is only one applicable date for filing that final report, Commissioner, will be requested to file local educational agency, shall be de­ an applicant shall not be entitled to any reports of commitments and expenditures termined for any fiscal year by the Com­ further payment out of funds available for such purposes. (20 U.S.C. 243(b) ). missioner in accordance with policies and for that fiscal year. However, an appli­ Subpart F— Arrangements Under principles which will, in his judgment, cant which has not received its regular best effectuate the purposes of section Section 6 of the Act 3(d) of the Act and most nearly approxi­ initial payment for that year, shall have its application processed for that regu­ § 115.50 Proposal for arrangements for mate the policies and principles provided lar initial payment if a final preport is certain children residing on Federal in the Act and the regulations in this received by the Commissioner within 30 property. part for determining local contribution days after the applicable date for filing rates in other States. (20 U.S.C. 238(d)) Any local educational agency, or the that final report. Federal department or agency adminis­ Subpart E— Records and Reports (c) Excessive entitlement. The Com­ tering the Federal property on which missioner may for a fiscal year for which Required by the Commissioner part or all of such children reside, be­ no final report has been received dis­ lieving that the Commissioner should ex­ § 115.40 Records and reports required allow any portion of the estimated en­ ercise his authority under section 6(a) of applicants. titlement which he may determine to be excessive on the basis of such informa­ of the Act to make arrangements to pro­ (a) Each applicant shall maintain tion as is available. On the basis of all vide free public education for children adequate written records to substantiate available information and whether or not who reside on Federal property, and be­ the Federal connection of pupils forming such a report has been submitted after ing willing to enter into or assist in en­ the basis for claim for financial assist­ the applicable date for filing a final re­ tering into such arrangements, should

FEDERAL REGISTER, VOL. 34, NO. 83-—THURSDAY, MAY 1, 1969 7156 RULES AND REGULATIONS

file with the -Commissioner, on or before- definition of “current expenditures” in not available at inspection facilities can March 15 preceding the fiscal year for section 303(5) of the Act or are within be inspected and copies obtained by sub­ which sueh arrangements would be made, the general terms of the arrangements; mitting a written request to the named a proposal in the form prescribed by the or (c) for expenditures in excess of the official at the location of such documents. Commissioner and bearing the endorse­ actual or reasonable per pupil expendi­ For the sake of clarity, the heading of ment of either the State and local edu­ ture of providing free public education in paragraph 3 is changed to indicate that cational agencies or the appropriate of­ the applicable State. (20 U.S.C. 241) 0 the documents available at inspection fa­ ficials of the Federal department or § 115.55 Reports. cilities are those available under Subpart agency administering the'property or Dof Part 7. properties on which the children reside, The local educational agency or the As the changes in this amendment as the case may be. Among the details to Federal department or agency with constitute a substantial revision of Ap­ be included in the proposal are (a) the which such arrangements are made shall pendix C, the entire appendix is reasons why the Commissioner should make such reports to the Commissioner republished. make a determination to enter into such from time to time as he may require to This amendment of Appendix C is arrangements, (b) the estimated number perform his functions under the Act. (20 being issued by the Administrator of the of children to be educated, (c) financial U.S.C. 240(a), 243(b)) Federal Aviation Administration under and educational details necessary for the § 115.56 Termination of arrangements. the authority of § 7.1(c) of the Depart­ Commissioner to make the determina­ ment of Transportation Regulations tions and arrangements required under Arrangements under section 6 of the which states that the “* * * head of the section 6 of the Act, and (d) the name of Act shall be limited to provide free pub­ operating administration concerned may the local educational agency or Federal lic education for not more than 1 school amend the appendix applicable to that department or agency which would pro­ year. If the Commissioner determines Administration * * vide such free public education. (20 that the local educational agency or the Since this amendment is procedural in U.S.C. 241(a), 241(d)) Federal department or agency with which arrangements have been made has nature, and does not impose a burden § 115.51 Determination-by the Commis­ substantially deviated from the terms on the public, I find that notice and pub­ sioner, lic procedure thereon are not necessary, of the arrangements, he will so notify and that it may become effective on less If under section 6 (a) of the Act the the local educational agency or the Fed­ than 30 days notice. Commissioner determines that he is re­ eral department or agency concerned. In consideration of the foregoing, Ap­ quired to make such arrangements to If the local educational agency or the pendix C to Part 7 of the Department of provide free public education for part Federal department or agency does not Transportation Regulations is hereby or all of the children on whose behalf within a reasonable time comply with amended, effective May 25, 1969, as the request is made or if, acting upon in­ the terms of the arrangements, the Com­ follows: formation otherwise received, he makes a missioner may terminate such arrange­ determination to provide free public ed­ ments without further notice. (20 U.SjC. Appen d ix C—F ederal Aviation ucation for children who reside on Fed­ 241) Administration 1. General. This appendix describes the eral property, such arrangements shall Dated: March 26,1969. be made, in accordance with the proposal document inspection facilities of the Federal P eter P. Muirhead, Aviation Administration, the kinds of or such other information or recommen­ records that-are available for public inspec­ dation as he may deem appropriate, with Acting U.S. tion and copying at these facilities, and the a local educational agency or with the Commissioner of Education. procedures by which members of the public Federal department or agency adminis­ Approved: April 25, 1969. may make requests for identifiable records. tering the Federal property on which 2. Document inspection facilities. Docu­ part or all of the children reside who R obert H. F inch, ment inspection facilities are maintained will be provided education pursuant to Secretary of Health, for FAA Headquarters, each FAA regional Education, and Welfare. office, the Aeronautical Center, and the Na­ the arrangements. (20 U.S.C. 241(a), tional Aviation Facilities Experimental 243(a)) [F.R. Doc. 69-5216; Filed, Apr. 30, 1969; Center. The document inspection facility 8:50 am.] § 115.52 Arrangements under section 6 for the European Region is located at FAA (b) and section 6(c). Headquarters. These facilities are open to the public during regular working hours at When the Commissioner makes a de­ the following addresses: termination under section 6 (a) of the Title 49— TRANSPORTATION FAA Headquarters, 800 Independence Avenue Act that arrangements shall be made to SW, Washington, D.C. 20590. provide free public education with re­ Subtitle A— Office of the Secretary Alaskan Region, 632 Sixth Avenue, Anchor­ spect to children who reside on Federal of Transportation age, Alaska 99501. property, he will under appropriate cir­ Central Region, 601 East 12th Street, Kansas cumstances also make arrangements in - [Docket No. 9547; Amdt. 7C-1] City, Mo. 64106. connection therewith for those children Southern Region, 3400 Whipple Street, East PART 7— PUBLIC AVAILABILITY OF Point, Ga. (Mailing Address: Post Office for whose education he is authorized to INFORMATION Box 20636, Atlanta, Ga. 30320). make provisions under section 6(b) and Southwest Region, 4400 Blue Mound Road section 6 (c) of the Act. (26 Ü.S.C. 241(b), Appendix C— Federal Aviation ■ (Mailing Address: Post Office Box 1689), 241(c)) Administration Fort Worth, Tex. 76101. § 115.53 Terms of arrangements. Western Region, 5651 West Manchester Ave­ The purpose of this amendment of nue (Mailing Address: Post Office Box The arrangements between the local Appendix C of Part 7 of the Department 92007), Los Angeles, Calif. 90045. educational agency or the Federal de­ of Transportation Regulations is to make Eastern Region, JFK International Airport, partment or agency and the Commis­ several procedural changes in Appendix New York, N.Y. 11430. sioner shall be as detailed as the circum­ C which describes the document inspec­ Pacific Region, 1833 Kalakaua Avenue (Mail- . ing Address: Post Office Box 4009), Hon­ stances of the individual situations may tion facilities of the Federal Aviation olulu, Hawaii 96812. require. (20 U.S.C. 241) Administration, the kinds of FAA records available to the public, and the procedure Aeronautical Center, 6400 South MacArthur § 115.54 Expenditures. Boulevard (Mailing Address: Post Office by which requests for records may be Box 25082), Oklahoma City, Okla. 73125. In making such arrangements, the made. National Aviation Facilities Experimental Commissioner shall not make payments Since some documents now listed in Center, Tilton Road, Route 563 (near Po­ paragraph 3 are actually not kept at in­ mona, N.J.) (Mailing Address: Atlantic (a) for expenditures made prior to his City, N.J. 08405). determination that he is required to spection facilities, and it would be a 3. Documents available under Subpart D make such arrangements; or (b) for ex­ great burden and expense for the FAA to at document inspection facilities, a. The fol­ keep all such documents at inspection lowing records under Subpart D of t.bia penditures made subsequent thereto un­ facilities, paragraphs 3 and 4 are being part are available at Federal Aviation Ad­ less such expenditures are within the revised to Indicate that those documents ministration document inspection facilities:

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 RULES AND REGULATIONS 7157

(1) Final opinions and orders made in the aircraft operator certificates, repair station ceptions under one or the other of the adjudication of cases by the Administrator, certificates, parachute loft certificates, pilot two new categories. Federal Aviation Administration. school certificates, and mechanic school cer­ (2) Policies and interpretations, including tificates are maintained at the district office Subsequently the two railroads con­ any policy or interpretation concerning a of the region within which the certification cerned requested modification of those particular factual situation, if that policy was taken. operating exceptions which would have or interpretation can reasonably be expected b. Records of designations of representa­ allowed certain of their operations in to have precedential value in any case in­ tives of the Administrator are located at FAA Ohio to be performed on Michigan non- volving a member of the public in a similar Headquarters. advanced time between the last Sunday situation. All such policies and interpreta­ c. Records covering civil rights violations in April and the last Sunday in October. tions made by the Administrator, Deputy determinations under title VI Civil Rights Administrator, Associate Administrators, Di­ Act of 1964 are located at FAA Headquarters. Because of the number of interchange rectors and Heads of Offices are available at d. Records relating to Federal-aid Airport points in Ohio with other rail carriers the FAA Headquarters document inspection Grants are located at the regional office with­ operating on advanced time, the two rail­ facility; only those policies and interpreta­ in which the grant was made. roads concerned requested that all of tions made by the Administrator, Deputy e. Records of approvals of navigational their necessary operating exceptions be Administrator and the Regional or Center facilities under FAR Part 171 are located at listed so as to permit them to operate on Director concerned shall be available at Re­ the regional office within which the approval eastern standard time (advanced) from gional and Center- document inspection was issued. the Ohio-Michigan State line to appro­ facilities. f. Records relating to civil penalty actions (3) Administrative staff manuals or in­ and seizure of aircraft are located at the priate points in Michigan. structions to staff that affect any member regional office within which the action was Operating exceptions are granted pur­ of the public, including the prescribing of taken. suant to the first section of the Act of any standard, procedure, or policy that, when 5. Reconsideration of determination not to March 19, 1918, as amended by section implemented, requires or limits any action disclose records. Any person to whom a rec­ 4(a) of the Uniform Time Act of 1966 of any member of the public or prescribes ord is not made available within a reason­ (15 U.S.C. 261), to permit certain car­ the manner of performance of any activity able time after his request, and any person by any member of the public. Such docu­ who Jias been notified that a record he has riers to carry the standard of time upon ments are available at the inspection facility requested cannot be disclosed, may apply, which the major portion of a particular of the organizational unit which has issued in writing, to the Director, Information Serv­ operation is conducted into an adjoining them. ices at FAA Headquarters, for reconsidera­ time zone. However, each carrier con­ b. An index of the records located at each tion of that request. For all purposes, in­ cerned shall, in its advertisements, time document inspection facility is maintained cluding that of judicial review, the decison cards, bulletin boards in stations and at that facility. of the Director, Information Services, is ad­ other publications, show the arrival and c. The records and the index may be in­ ministratively final as the decision of the departure times at stations along the ex­ spected, at the facility, without charge.. Federal Aviation Administrator. cepted lines in terms of the standard of Copies of records may be obtained upon pay­ (Sec. 552, Title 5, United States Code; sec. 9, ment of the fee prescribed in Subpart H of time for the area in which those stations Department of Transportation Act (Public are situated. this part. Law 89-670, 49 U.S.C. 1657); § 7.1(c), Depart­ -4. Requests for identifiable records under ment of Transportation regulations (49 CFR Since this amendment involves the re­ Subpart E of this part. Each person desiring 7.1(c)); Title V, Independent Offices Appro­ statement of certain existing exceptions to inspect a record, or obtain a copy thereof, priation Act of 1952 (65 Stat. 290, 31 U.S.C. and the establishment of certain new ex­ must submit his request in writing to the 483a)) ceptions required by the time zone Manager, Headquarters Operations, FAA boundary changes or exemption de­ Headquarters, or the Director of the Region Issued in Washington, D.C., on April or Center in which it is located. The ad­ 24,1969. scribed above, I find that notice and dresses of FAA Headquarters and the Regions J. H. Shaffer, public procedure thereon are imprac­ and Centers are listed in paragraph 2 of this Administrator. ticable, and that good cause exists for appendix. If the location of the record is making this amendment effective in less not known, the request may be submitted [F.R. Doc. 69-5184; Filed, Apr. 30, 1969; than 30 days. to the Manager, Headquarters Operations, 8:47 a.m.] h i consideration of the foregoing, FAA Headquarters. Each request must be ac­ companied by the appropriate fee prescribed effective at 2 a.m. on April 27, 1969, Part in Subpart H of this part. In some instances, [OST Docket No. 22; Arndt. 2] 71 of Title 49 of the Code of Federal the amount of the fee will have to be deter­ PART 71— STANDARD TIME ZONE Regulations is amended as set forth mined after the request has been received below. due to the circumstances peculiar to each BOUNDARIES case. The following table gives illustrations Issued in Washington, D.C., on of types of records and where they are Operating Exceptions for Certain April 25, 1969. Lines of Railroad located: R. T enney J ohnson, a. Records pertaining to the issue, amend­ The purpose of this amendment to Part Acting General Counsel. ment, suspension or revocation of certifi­ cates, permits, authorizations, and approvals 71 of Title 49 of the Code of Federal Subparagraphs (3) and (4) of para­ such as: Regulations is to. change the existing graph (g) of § 71.4 are amended to read (1) Airman certificates and ratings for lists of exceptions pertaining to certain as follows: pilots, flight instructors, flight navigators, railroad operations of the Detroit, Toledo, flight engineers, aircraft dispatchers, me­ and Ironton Railroad and the Ann Arbor § 71.4 Boundary line between eastern chanics, repairman, air traffic control op­ Railroad that traverse the Ohio-Michi­ and central zones. erators, parachute riggers and ground in­ gan State boundary. * * * * * structor certificates are maintained at the On April 24,1969, the lists of operating Aeronautical Center. exceptions for railroads were revised (g) Operating exceptions. * * * (2) Aircraft registration certificates, and and restated (34 F.R. 6849). The revised (3) Indiana and Ohio operations in­ airworthiness certificates are maintained at and restated lists contained two new cluded in Michigan nonadvanced time. the Aeronautical Center. categories of exceptions (49 CFR 71.4(g) Those portions of the following lines of (3) Aircraft type certificates and produc­ tion certificates are maintained at the re­ (3) and (4)) that were made necessary railroad located east of thè zone bound­ gional office within which the certification because of the action of the State of ary described in this section, are, for action is taken. Michigan in exempting itself from the operating purposes only, excepted from (4) Ferry permits and special flight au­ observance of advanced (daylight) time. the U.S. standard eastern time zone to thorizations are maintained at the district Based upon requests from the Detroit, permit operations in accordance with office of the region within which the issu­ Toledo, and Ironton Railroad and the Michigan nonadvanced eastern time ance was made. Ann Arbor Railroad certain of their re­ during the period from 2 a.m. on the last (5) Air carrier operating certificates, com­ spective operations traversing the Ohio- Sunday in April to 2 am. on the last mercial operators certificates, agricultural Michigan State line were granted ex­ Sunday in October:

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 No. 83----- 6 7158 RULES AND REGULATIONS

Railroad From— To— (Docket No. HM-3) which was issued by approval is being retained for other than the Hazardous Materials Regulations military shipments) there is no need to Board on February 16, 1968 (33 F.R. Chesapeake & Michigan-Ohio State Alexis, Ohio. specify the DoD classification procedure Ohio. line (north of 3382). to be used. Alexis, Ohio). As a result of numerous requests, on Detroit & Michigan-Ohio State Toledo, Ohio. 6. As proposed, a definition of prac­ Toledo Shore lin» (north of August 2, 1968, the Board announced an tice cartridge- ammunition has been Line. Toledo, Ohio). extension of the time for comment on added to § 173.100. For consistency with Penn Central_ Michigan-Indiana Tower B, State line (north Elkhart, that portion of the notice relating to the commodity list, the defined term has Vistula, Ind.). Ind. the definition of flammable liquids and been changed to “cartridge, practice Do...... Michigan-Ohio State Alexis, Ohio. the transportation of liquefied gases in line (north of Alexis, ammunition”. Ohio). the lower temperature ranges. After Also, the language in the proposed Do.....;... Michigan-Indiana South Bend, analyzing the numerous comments re­ State line (south of Ind. definition that would have necessitated Niles, Mich.). ceived in this regard, the Board has looking to the intended use of the Do...... Michigan-Indiana Fort Wayne, decided to reconsider these proposals. State line (south of Ind. ammunition in addition to its specific Sturgis, Mich.). The Board has also determined not to characteristics, has been deleted as in­ adopt at this time certain definitions appropriate to a transportation safety proposed in the notice. Other proposals (4) Michigan operations excepted determination. contained in the notice that have either 7. Paragraph (a) (4) of § 173.188 has from Michigan nonadvanced time. Those been dropped or altered are specifically portions of the following lines of rail­ been modified to make it clear that a discussed hereinafter. Therefore, the ac­ specification 6K metal drum can be road located within the State of Michi­ tion taken in this document is to be used to ship phosphoric anhydride at a gan and east of the zone boundary de­ considered as final action on Notice 68-2 scribed in this section, are, for operat­ gross weight exceeding 480 pounds only (Docket HM-3) and if after reconsidera­ where the test requirements of § 178.101- ing purposes only, excepted from the re­ tion, it is determined that further rule quirement to operate in accordance with 11 have been met at a 600-pound gross making action is warranted on any of weight. Michigan’s nonadvanced eastern time the items that were proposed, but not and permitted to operate on eastern 8. Section 173.304(b)(2) has been adopted, a new notice of proposed rule modified to provide a reference to standard time (advanced) during the making will be issued. period from 2 a.m. on the last Sunday § 173.316(a) (2) for the pressure-con­ The significant comments and the trolling valve requirement for liquefied in April to 2 a.m. on the last Sunday in changes (other than minor corrections October. hydrogen in 4L cylinders thereby impos­ and editorial changes) from the notice ing a more restrictive requirement than are discussed below. Railroad From— To— for certain other materials. 1. The proposed definition of the term 9. Proposed § 173.316(a) (2) has been “hazardous material” has been modified Ann Arbor...... Ohio-Michigan State Owosso, Mich. reorganized for clarity. For consistency line (north of so that as adopted it states simply that with § § 177.840 and 178.57-8, the venting Alexis, Ohio). the term is synonymous with the term Detroit, Toledo Ohio-Michigan State Detroit and rate is expressed in standard cubic feet & Ironton. line "(north of Dearborn, “explosives and other dangerous arti­ “per hour” rather than “per minute”. Metamora, Ohio).- Mich. cles”, as contained in 18 U.S.C. 831-835. Also, the language relating to a venting Do...... Ohio-Michigan State Tecumseh, The proposed definition of “transport line (north of Den­ Mich. rate has been changed-to permit for a son, Ohio). vehicle” was included in a recent amend­ single cylinder a maximum venting rate Do...... Ohio-Michigan State Diann, Mich. ment relating generally to radioactive line (North of of 30 standard cubic feet per hour rather Alexis, Ohio) materials (33 F.R. 14920). than 60 as was implied by the proposed (over the tracks of 2. The notice proposed to amend sev­ the Ann Arbor language. This change is consistent with Railroad). eral sections relating to the shipping of § 177.840 as proposed and as adopted Penn Central... Indiana-Michigan Jackson, explosives (e.g., §§ 173.21, 173.79, 173.86, since the figure of 60 cubic feet per hour State line (north Mich. of Ray, Ind.). 173.92, and 173.95) to substitute Depart­ is intended as a maximum per motor Do...... White Pigeon Junc­ Jonesville, ment of Transportation “approval” for vehicle and not per cylinder. Several tion, Mich. Mich. Do...... Litchfield, Mich.___ - Osseo, Mich. Bureau of Explosives “approval.” The comments objected to the proposed re­ Do...... Bankers, Mich____ .. North Adams, Board has concluded that, until the De­ quirement that the pressure must be Mich. partment is staffed to efficiently and Do...... Morenci, Mich_____ . Palmyra, manually vented to not exceeding 8 p.s.i.g. Mich. competently perform functions that for not more than 2 hours before loading. Do...... Clayton, Mich_____ . Ida, Mich. many years have been performed by the Do...... Ohio-Michigan State Clinton, The Board believes that a manual vent­ line (south of Mich. Bureau of Explosives, the approval au­ ing requirement is desirable to minimize Ottawa Lake, thority should remain with the Bureau to the maximum extent feasible the Mich.). of Explosives. Do...... Ohio-Michigan State Jackson, amount of venting that will occur during line (north of Mich. 3. Section 173.30 has bepn modified transportation. However, the Board Alvordton, Ohio). Do...... Cement City, Mich.. . Brooklyn, to make it clear that it applies to any believes that the desired objective can Mich. person loading or unloading dangerous be achieved by permitting the manual articles, not only shippers, and that of venting up to 4 hours before the begin­ * * 4s 4> ' 4> the referenced requirements only those ning of transportation rather than re­ [F.R. Doc. 69-5187; Filed, Apr. 30, 1969; applicable in a particular case need be lating the requirement to a period of 8:48 a.m.] complied with. time before loading. 4. Section 173.51(g) has been simpli­ 10. Paragraph (k) of § 173.393 is fied by stating the intended exception deleted since the provisions thereof are Chapter I— Hazardous Materials Reg­ from the forbidden explosives category now covered by § 173.30 as revised in this ulations Board, Department of by a reference to § 173.86. amendment. Transportation 5. As proposed in the notice, § 173.86 11. The only significant change in [Docket No. HM-3; Arndts. 171-3, 172-2, is amended to permit shipment of new § 174.566, as adopted, is to substitute the 173-6, 174-3, 177-5, 178-3, 179-2] explosives if examined and approved by words “thoroughly cleaned” for the words the Department of Defense. This has “flushed out with water” since water MISCELLANEOUS AMENDMENTS TO been accomplished by a general'refer- could be inappropriate for use in remov­ CHAPTER ence to Department of Defense examina­ ing certain poisons. The purpose of these amendments is tion and approval rather than by refer­ 12. Since the purpose of the proposed to make a number of miscellaneous ence to a specific DoD classification pro­ change to § 174.589 was merely to accom­ changes in the Hazardous Materials cedure. The Board believes that since plish a clarification, it has been dropped there has been no reference in the past from this amendment and will be con­ Regulations. These amendments are, for to a specific Bureau of Explosives ap­ sidered in connection with a complete the most part, based on Notice 68-2 proval procedure (and since B of E revision of § 174.589 now under study.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 RULES ANO REGULATIONS 7159

13. Section 177.801 is amended as pro­ marking requirements contained else­ In consideration of the foregoing, 49 posed to include private carriers within where in the regulations (§§ 173.316 CFR Parts 171, 172, 173, 174, 177, 178, its scope. However, the proposed amend­ (a) (2) and 173.401(a)) together with the and 179 are amended, effective Septem­ ment to require that the methods of present marking requirements of § 178.- ber 3, 1969. However, compliance with manufacturing, packing, and storage of 57-20 are adequate. Therefore, the pro­ the regulations as amended herein is hazardous materials be open to inspec­ posed changes to § 178.57-20 have not authorized immediately. tion by representatives of this Depart­ been adopted. These amendments are made under the ment has not been adopted at this time. 19. As was pointed out in comments authority of sections 831-835 of Title 18, Failure to adopt this proposal is not due, received on ~ the notice, the proposed United States Code, section 9 of the De­ as suggested by some commenters, to any clarifying change to §§ 178.82-9, 178.- partment of Transportation Act (49 lack of authority in the Department to 115-8, and 178.116-8 could cause more U.S.C. 1657), and Title VI and section impose such a requirement, but rather confusion than clarification. Therefore, 902(h) of the Federal Aviation Act of to withhold any change to § 177.801 until no change in these sections has been 1958 (49 UJ5.C. 1421-1430 and 1472(h)). comparable changes have been proposed made. to parallel §§ 173.1, 174.500, 175.650, and PART 171— GENERAL INFORMATION 20. One comment objected to inclusion AND REGULATIONS 176.700. of the %6-inch minimum thickness re­ 14. Except for minor reorganization, quirement in § 178.337-10 (b) in addi­ I. Part 171 is amended as follows: § 177.840 is adopted as proposed. One tion to the performance requirements (A) Section 171.8 is amended by add­ commenter objected to inclusion of spe­ therein. This is not a substantive change cial loading requirements applicable to but merely a rearrangement which moves ing paragraph (m) to read as follows: the 4L cylinder. The experience gained the present %6-inch minimum thickness § 171.8 Definitions. under special permits that justified this requirement for protective housing from ♦ * • * . * amendment was under conditions that paragraph (a) of § 178.337-3 (a) to (m) “Hazardous materials” means included comparable loading require­ paragraph (b) Of § 178.337-10. “explosives and other dangerous articles” ments. The Board is not satisfied that an 21. As a result of the comments re­ adequate level of safety would be main­ ceived, the proposed revision of § 178.337- as used in title 18, United States Code, tained if these requirements were deleted. 13(b) which was for the purpose of sections 831-835. 15. In addition to the changes pro­ clarification has not been adopted since posed in the notice, § 178.37-5(a) is it could have resulted in an uninten­ amended by deleting note 3 thereto since, tional substantive change. PART 172— COMMODITY LIST OF EX­ as pointed out by commenters, retention Many commenters, in response to no­ PLOSIVES AND OTHER DANGEROUS of the note would be inconsistent with tice 68- 2, proposed changes that were ARTICLES CONTAINING THE SHIP­ the intent of the proposed change to au­ beyond the scope of the notice. These PING NAME OR DESCRIPTION OF thorize generally the use of basic oxygen proposed changes could not be consid­ process steel. ered for inclusion in this amendment. ALL ARTICLES SUBJECT TO PARTS 16. The notice proposed to amend Since most of. the proposals did not con­ 171-179 OF THIS CHAPTER §§ 178.51-20, 178.60-4, and 178.61-5 to tain the supporting data required under H. Part 172 is amended as follows: include tables of authorized steel and Part 170 of the Board’s regulations for check analysis tolerances. In addition, petitions for rule making, those com­ § 172.4 [Amended] commenters pointed out that these tables menters on Notice 68-2 that wish their (A) Note 1 following paragraph (a) should have been included in § 178.56-20. proposals to receive further considera­ in § 172.4 is canceled. To avoid repeating these identical tables tion should resubmit them in accord­ (B) In § 172.5 paragraph (a) the four times in the regulations these items ance with the requirements of § 170.11. have been included as Table I of Appen­ Interested persons were afforded an Commodity List is amended as follows: dix A to Part 178 and references to the opportunity to participate in this rule § 172.5 List of explosives and other dan­ appendix have been included in the four making and due consideration has been gerous articles, sections as applicable. In addition, com­ menters pointed out that, in the interest given to all relevant matter presented. (a) * * * of safety, a phosphorus limitation should Label Maximum quantity be specified for the chemical composition Article Classed as— Exemptions and required if in one outside of grade three steel and that an allow­ packing (see sec.) not exempt container by ance should be made for rephosphorized rail express steels. Both of these comments are valid and accordingly a phosphorus limit of Change 0.045 is included for grade three steel and * ♦ * ♦ * # • * * * * * * * * a . new note 6 has been added to Table •Compounds, dewing, liquid (containing hy­ Cor. L...... 173.244,173.203...... White...... 10 pints. I to authorize and to provide limiting drochloric {muriatic) acid) criteria for the use of rephosphorized Add steel. * * * * * # 8 8* ♦ * * * * « 17. As a result of comments received, Cartridges, practice ammunition...... Expl. C...... No exemption, . 150 pounds. and to make the venting requirements 173.101a for liquefied hydrogen in the specifica­ * * * * * * • * * # * * * * • tion for 4L cylinders consistent with those requirements contained in §§ 173.- PART 173— SHIPPERS Sec. 316(a) (2) and 177.840(a) (2), paragraph 173.89 New explosives and samples for lab­ (c) of § 178.57-8 as adopted authorizes in . Part 173 is amended as follows: oratory examination. a maximum heat transfer that will not (A) In the Table of Contents § § 173.30,173.92 Jet thrust units (jato), class B ex­ cause venting of more than 30 standard 173.79, 173.86, 173.92, and 173.102 are plosives; rocket motors, class B cubic feet of hydrogen gas per hour as a amended; § 173.101a is added to read as explosives; igniters, jet thrust basis for design and construction rather follows: (jato), class B explosives; ig­ than 1 percent of the contents in a niters, rocket motors, class B ex­ Sec. plosives; and starter cartridges, period of 24 hours as proposed. 173.30 Loading and unloading of transport jet engine, class B explosives. 18. Notice 68-2 proposed to add a new vehicles. 173.101a Cartridges, practice ammunition. paragraph (a) C5) to § 178.57-20 contain­ 173.79 Jet thrust units (jato), class A ex­ 173.102 Explosive cable cutters; explosive ing additional marking requirements , for plosives; rocket motors, class A power devices, class C; explosive liquefied hydrogen in specification 4L explosives; igniters, Jet thrust (jato), class A explosives; and release devices, or starter car­ cylinders. As pointed out by several com­ Igniters, rocket motor, class A tridges, jet engine, class C explo­ ments, the Board concluded that the explosives. sives.

FEDERAL REGISTER, V O L 34, NO. 83— THURSDAY, MAY 1, 1949 7160 RULES AND REGULATIONS

(B) Section 173.30 is amended in its Motor, Class A Explosives”, as (2) Specification 15B (§ 178.169 of entirety to read as follows: appropriate. this chapter) wooden boxes. Authorized § 173.30 Loading and unloading o f trans­ (e) Class A explosives listed in thisonly for igniters, jet thrust, class B ex­ port vehicles. section must not be offered for trans­ posures, or igniters, rocket motors, class portation by rail express, except as pro­ B explosives. (a) Any person who loads or unloadsvided in § 173.86 or § 175.675 of this (3) Specification 23F (§ 178.214 of this shipments of hazardous materials into or chapter. chapter) fiberboard boxes. Authorized from transport vehicles shall comply (F) In § 173.86 paragraph (a) is only for igniters, jet thrust, class B ex­ with the applicable loading and unload­ amended to read as follows: plosives; igniters, rocket motor, class B ing provisions of Parts 174 and 177 this explosives; or starter cartridges, jet chapter as follows: § 173.86 New explosives and samples for laboratory examination. engine, class B explosives. Items must be (1) Rail: Sections 174.525 through packaged in tightly closed inside fiber- 174.567. (a) New explosives including fire­board boxes (at least 200-pound test (2) Highway: Sections 177.834 through works and explosive devices, other than (Mullen or Cady)) or metal containers. 177.848. Army, Navy, or Air Force explosive or Starter cartridges, jet engine, must have (C) Paragraph (q) in § 173.51 is chemical ammunition of a security clas­ igniter wires short-circuited when amended to read as follows: sification, must be examined and packed for shipment. approved by either the Bureau of Explo­ (4) Wooden boxes, wooden crates, or § 173.51 Forbidden explosives. sives or the Department of Defense as other packagings of approved military ***** safe for transportation before being of­ specification which comply with § 173.7 (q) New explosives and explosive de­ fered for shipment except that a sample (a), or other packagings approved by the vices except as provided for in § 173.86. of such explosives, fireworks, and explo­ Bureau of Explosives. ***** sive devices, not to exceed five pounds (b) Jet thrust units, class B explo­ net weight, may be offered for transpor­ sives, or rocket motors, class B explosives, (D) In § 173.53 paragraph (t) (2) (ii) tation by carriers by rail freight, high­ is amended to read as follows: must not be shipped with igniters as­ way, or water for this examination. sembled therein unless shipped by, for, or § 173.53 Definition of class A explosives. Except for shipments of sample quanti­ to the Department of the Army, the De­ * * * * ♦ ties as provided for in this section, a partment of the Navy, or the Depart­ written notification of the classification ment of the Air Force. (t) * * * and approval accompanied by a support­ ( 2 ) * * * (c) Jet thrust units, class B explosives, ing laboratory report or equivalent data or rocket motors, class B explosives, may (ii) Rocket motors, class A explosivesmust be filed with the Department be­ may be shipped in a propulsive state fore the new explosive or explosive de­ be packaged in the same outside pack­ only under conditions approved by the vice is offered for shipment. Samples of aging with, their separately packaged Department of Defense. igniters (or igniter components), class explosives, except liquid nitroglycerin, A, B, or C explosives, only in packagings * * * * * other than new explosives for laboratory approved by the Bureau of Explosives or (E) Section 173.79 is amended in its examination not exceeding 5 pounds net of approved military specifications com­ entirety to read as follows: weight, may be offered for transporta­ plying with § 173.7(a). tion by carriers by rail freight, highway, § 173.79 Jet thrust units (jato), class A or water. For the purpose of Parts 170- (d) Each package must be plainly explosives; rocket motors, class A ex­ marked “Jet Thrust Units, Class B Ex­ plosives; igniters, jet thrust (jato), 189 of this chapter, a new explosive, in­ plosives”, “Rocket Motors, Class B Ex­ class A explosives; and igniters; cluding fireworks and explosive devices, plosives”, “Igniters, Jet Thrust, Class B rocket motor, class A explosives. is the product of a new factory or an Explosives”, “Igniters, Rocket Motors, explosive or explosive device of an essen­ Class B Explosives”, or “Starter Car­ (a) Class A explosives covered by tially new composition or character this section must be packaged in out­ tridges, Jet Engine, Class B Explosives” made by any factory. as appropriate. side packagings complying with the ***** following specifications: (e) Label: Each package, when offered (1) Specification 14, 15A, 15E, or 16A (G) In § 173.88 paragraph (e) (2) (ii) for transportation by rail express, must (§§ 178.165, 178.168, 178.172, 178.185 of is amended to read as follows: have securely and conspicuously at­ this chapter) wooden boxes, or wooden tached thereto a square red label as de­ § 173.88 Definition of class B explosives. scribed in § 173.412. boxes, fiberboard lined. * * * * * (2) Wooden boxes, wooden crates, or (e) * * * (i) Section 173.95 is amended to read other packagings of approved military as follows: specifications which comply with § 173.7 (2) * * * (a), or other packagings approved by the (ii) Rocket motors, class B expldsives, § 173.95 Rocket engines (liquid), class Bureau of Explosives. may be shipped in a propulsive state only B explosives. (b) Jet thrust units, class A explo­ under conditions approved by the De­ (a) Rocket engines must be packaged sives or rocket motors, class A explo­ partment of Defense. in outside packaging complying with the sives, must not be shipped with igniters * * * * * following specifications: assembled therein unless shipped by, for, (1) Specification 14, 15A, 15E, or 16A or to the Department of the Army, (H) Section 173.92 is amended in its (§§ 178.165, 178.168, 178.172, 178.185 of the Department of the Navy, or the entirety to read as follows: this chapter) wooden boxes, or wooden Department of the Air Force. § 173.92 Jet thrust units (jato), class B boxes, fiberboard lined. (c) Jet thrust units class A explosives explosives; rocket motors, class B (2) Wooden boxes or metal packagings or rocket motors, class A explosives, may explosives; igniters, jet thrust (jato), of approved military specification which be packaged in the same outside pack­ class B explosives; igniters, rocket comply with § 173.7(a), or other packag­ aging with their separately packaged motors, class B explosives; and ings approved by the Bureau of igniters (or igniter components), class starter cartridges, jet engine, class B explosives. Explosives. A, B, or C explosives only in packagings (b) Rocket engines (liquid), class B approved by the Bureau of Explosives (a) Class B explosives covered by thisexplosives, must not be shipped with or of approved military specifications section must be packaged in outside igniters or initiators assembled therein complying with § 173.7 (a). packagings complying with, the follow­ unless shipped by, for, or to the Depart­ (d) Each package must be plainly ing specifications: ment of the Army, the Department of marked “Jet Thrust Units, Class A Ex­ (I) Specification 14, 15A, 15E, or 16A the Navy, or the Department of the Air plosives”, “Rocket Motors, Class A (§§ 178.165, 178.168, 178.172, 178.185 of Force, and only when authorized by the Explosives”, “Igniters, Jet Thrust, Class this chapter) wooden boxes, or wooden Department of Defense or by the Bureau A Explosives”, or “Igniters, Rocket boxes, fiberboard lined. of Explosives.

FEDERAL REGISTER, VOL. 34, NO. 63— THURSDAY, MAY L 1969 RULES AND REGULATIONS 7161

established that the drums meet the paragraph (a) (2) Table Is canceled; * * * * 4i

FEDERAL REGISTER, V O L 34, NO. 83— THURSDAY, MAY 1, 1969 7162 RULES AND REGULATIONS

(U) Section 173.368 is amended to§ 173.384 Monochloracetone, stabilized. thoroughly cleaned except that cars read as follows: (a) * * * used exclusively in this service under the § 173.368 Arsenical dust, arsenical flue (2) Specification 15A, 15B, 15C, or 16A provisions of §§ 173.194(a) and 173.- dust, and other poisonous noncom­ (§§ 178.168, 178.169, 178.170, 178.185 of 388(a) of this chapter shall not be sub­ bustible byproduct dusts; also ar­ this chapter). Wooden boxes with in­ ject to this requirement. senic trioxide, calcium arsenate, and side glass bottles or tubes in metal cans * * * * • sodium arsenate. hermetically sealed or with covers (a) Arsenical dust, arsenical flue dust, securely taped. The metal cans must be and other poisonous noncombustible by­ in corrugated fiberboard cartons, speci­ PART 177—-SHIPMENTS MADE BY product dusts from metal recovery opera­ fication 2C (§ 178.22 of this chapter). WAY OF COMMON, CONTRACT, tions not subject to dangerous spontane­ Bottles must not contain more than 1 OR PRIVATE CARRIERS BY PUBLIC ous heating, and arsenic trioxide, cal­ pound of liquid each, must not be filled to HIGHWAY cium arsenate, or sodium arsenate, when more than 95 percent capacity, must be delivery is made to plants with private tightly and securely closed, and must be V. Part 177 is amended as follows: sidings only may, in addition to packag­ cushioned in cans with at least one-half (A) Sections 177.800, 177.801 are ings prescribed in § 173.367, be shipped in inch of absorbent material. Cans must be amended in the Table of Contents to read bulk in the following kinds of cars, if made of metal at least 32-gauge U.S. as follows: those cars are assigned exclusively to Standard. The total amount of liquid per Sec. this type of service: (1) Sift-proof, self- package must not exceed 24 pounds. 177.800 Purpose of regulations in Parts 170- clearing, hopper or bottom outlet steel (Y) In § 173.385 paragraph (a) (1) is 189 of this chapter. cars, (2) sift-proof all steel flat bottom amended to read as follows: 177.801 Scope of regulations in Parts 170- gondola cars with fixed sides and ends 189 of this chapter. equipped with waterproof and dust-proof § 173.385 Tear gas grenades, tear gas (B) The heading of § 177.800 is wooden or steel covers well secured in candles, or similar devices. amended to read as follows; paragraph place for all openings, and (3) sift-proof (a) * * * (a) is amended by adding “private,” be­ box cars of all steel construction. Cars (1) Specification 15A, 15B, or 15C fore the word common in the first sen­ assigned exclusively to this service must (§§ 178.168, 178.169, 178.170 of this chap­ tence thereof. be marked “Arsenical Service Only”, in ter) . Metal-strapped wooden boxes. addition to other required markings, and Functioning elements not assembled in § 177.800 Purpose of regulations in are not subject to § 174.566(b) of this grenades or devices must be in a separate Parts 170—189 of this chapter. chapter while in that service. compartment of these boxes, or in inside * * * * * • (b) Arsenical dust and arsenic trioxide or separate outside boxes, specification (C) The heading of § 177.801 is may, in addition to the packagings spec­ 15A, 15B, or 15C, and must be so packed amended to read as follows; paragraph ified in § 173.367, be shipped in bulk in and cushioned that they may not come (a) is amended by adding “private,” motor vehicles with steel, sift-proof, in contact with each other ®r with the before the word common in the first sen­ self-clearing hopper-type, or dump-type walls of boxes during transportation. tence thereof. bodies, with waterproof and dust-proof Not more than 50 grenades and 50 § 177.801 Scope of regulations in Parts functioning devices shall be packed in 170—189 of this chapter. covers, well secured in place, and which one package and the gross weight of the are assigned exclusively to this type of package must not exceed 75 pounds. ***** service. These vehicles shall be marked \ * * * * * (D) In § 177.840 paragraph (a)(1) is amended and a new paragraph (a) (2) is “Arsenical Service Only”, in addition to § 173.393 [Amended] other required markings, and are not added to read as follows: (Z) Paragraph (k) in § 173.393 is § 177.840 Compressed gases. subject to § 177.841(a) (2) of this chapter canceled. while in that service. * * * * * j (V) In § 173.370 paragraph (c)'(l) is (a) * * * (1) Cylinders. To prevent their over­ amended to read as follows: PART 174— CARRIERS BY RAIL FREIGHT turning, cylinders containing compressed § 173.370 Cyanides, or cyanide mixtures, gases must be securely lashed in an up­ except cyanide of calcium and mix­ IV. Part 174 is amended as follows: right position; loaded into racks se­ tures thereof. (A) In § 174.538(a) the Chart is curely attached to the motor vehicle; ***** amended by adding the following new packed in boxes or crates of such dimen­ (c) * * * footnote and adding a footnote “f” ref­ sions as to prevent their overturning; or (1) As prescribed in paragraph (a) erence at the intersection of vertical loaded in a horizontal position. Speci­ (2), (3), (4), (6), (9), or (11) of this column 15 and horizontal columns a, b, fication DOT-4L cylinders must be section. c, d, e, f, and g, respectively. loaded in an upright position and se­ ***** § 174.538 Loading and storage chart of curely braced. explosives and other dangerous ar­ (2) Cylinders for liquefied hydrogen. (W) In § 173.377 paragraph (a) (5) is ticles. Specification DOT-4L cylinders contain­ amended to read as follows: ing liquefied hydrogen must be trans­ (a) * * * § 173.377 Hexaethyl tetraphosphate ported only on motor vehicles with open mixtures, methyl parathion mixtures, 1 Normal uranium, depleted uranium, and bodies which are equipped with suitable organic phosphate compound mix­ thorium metal in solid form may also be racks or supports having clamps or se­ tures, n.o.s., parathion mixtures, tet­ loaded and transported with articles named curing bands capable of holding the in vertical and horizontal columns a, b, c, raethyl dithio pyrophosphate mix­ d, e, f, and g. cylinders upright when they are sub­ tures, and tetraethyl pyrophosphate jected to an acceleration of at least 2 mixtures, dry. ***** “g” in any horizontal direction. (a) * * * (B) Paragraph (b) in § 174.566 is (i) The combined total of the hy­ (5) Specification 21C (§ 178.224 of thisamended to read as follows: drogen venting rates as marked on the chapter). Fiber drums. Authorized net § 174.566 Cleaning cars. cylinders on one motor vehicle must not weight not over 250 pounds. exceed 60 standard cubic feet per hour. * * * * * (b) After unloading poisons or potas­ (ii) Motor vehicles loaded with cylin­ (X) In § 173.384 paragraph (a) (2) issium permanganate from steel hopper ders containing liquefied hydrogen may amended to read as follows: cars or other cars, cars must be not be driven through tunnels.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 RULES AND REGULATIONS 7163

(iii) Highway transportation is limited §178.48 Specification 4; forge welded § 178.57 Specification 4L; welded cylin­ to private and contract motor carriers steel cylinders. ders insulated. only and to direct movement from point § 1 78.48-5 Steel. § 178.57—2 Type, size, service pressure,1 of origin to destination. (a) Open-hearth, basic oxygen, or and service temperature.2 ***** electric steel of uniform quality. Content (a) Type and size. Must be fusion, (E) In § 177.841 paragraph (a) (1) percent for the following not over: Car­ welded; not over 1,000 pounds water and (2) has been added to read' as bon, 0.25; phosphorus, 0.045; sulfur, capacity (nominal). For liquefied hydro­ follows: 0.050. However, Bessemer steel with gen service, the cylinders must be de­ § 177.841 Poisons. phosphorus not over 0.11 percent is au­ signed to stand on end, with the axis of thorized when carbon content is 0.20 the cylindrical portion vertical. (a) * * * percent or less. * * * * * (1) The motor vehicles must be marked in accordance with § 173.368(b) (D) In § 178.40-5 paragraph (a) is (c) The service temperature shall be of this chapter. amended to read as follows: minus 320° F. or colder. For liquefied hydrogen service, the service tempera­ (2) Before any motor vehicle may be § 178.49 Specification 4A; forge welded used for transporting any other articles, steel cylinders. ture shall be minus 423° F. or colder. all detectable traces of arsenical ma­ § 178.57—8 Manufacture. terials must be removed therefrom by § 1 78.49-5 Steel. * * * * * flushing with water, or by other appro- (a) Open-hearth, basic oxygen, or marking (c) The surface of the cylinder must priate method, and the electric steel of uniform quality. Content be insulated. The insulating material removed. percent for the following not over: Car­ must be fire resistant. The insulation * afc * * * bon, 0.25; phosphorus, 0.045; sulfur, must be covered with a steel jacket of not (F) In § 177.848(a) the Chart is 0.050. less than 0.060-inch thickness so con­ amended by adding the following new (E) Section 178.51-20 is amended to structed that moisture cannot come in footnote and adding a footnote “f” ref­ read as follows: contact with the insulating material. The erence at the intersection of vertical § 178.51 Specification 4BA; welded or construction must be such that the total column 15 and horizontal columns a, b, brazed steel cylinders made of defi­ heat transfer from the atmosphere at c, d, e, f, and g, respectively. nitely prescribed steels. ambient temperature to the contents of the cylinder shall not exceed 0.0005 B.t.u. § 177.848 Loading and storage chart of § 178.51—20 Authorized steel. explosives and other dangerons per hour per Fahrenheit degree differen­ articles. (a) As specified in Table I of Appendix tial in temperature per pound of water A to this part. (a) * * * capacity of the cylinder. For liquefied # * * * * * Normal uranium, depleted uranium, and hydrogen service, the total heat transfer, thorium metal in solid form may also he (P) In § 178.52-5 paragraph (a) is with a temperature difference of 520 loaded and transported with articles named amended to read as follows: . in vertical and horizontal columns a, b, c, Fahrenheit degrees, must not exceed that d, e, f, and g. § 178.52 Specification 4C; welded and required to vent 30 standard cubic feet brazed steel cylinders. ***** of hydrogen gas per hour. §178.52-5 Steel. § 178.57—21 Authorized steels. (a) Open-hearth, basic oxygen, or (a) * * * PART 178— SHIPPING CONTAINER electric steel of uniform quality. Content SPECIFICATIONS percent for the following not over: 1 Identical to ASTM A-240, type 304, except VI. Part 178 is amended as follows: Carbon, 0.25; phosphorus, 0.045; sulfur, as modified above. 0.050. ***** (A) In the table of contents, §§ 178.63, 178.66, and 178.67 are amended to read (G) In § 178.55-5 paragraph (a) is (J) Section 178.60-4 is amended to as follows; amended to read as follows: read as follows: Sec. §178.55 Specification 4B240ET; welded § 178.60 Specification 8AL; steel cylin­ 178.63 Specification 9; seamless, welded or and brazed cylinders made from ders with approved porous filling for brazed steel cylinders. electric resistance welded tubing. acetylene. 178.66 Specification 40; nonrefillable seam­ less, welded or brazed steel § 178.5 5 -5 Steel. § 178.60—4 Authorized steel. cylinders. (a) Open-hearth, basic oxygen, or (a) As specified in Table I of Appen­ 178.67 Specification 41; nonrefillable seam­ electric steel of uniform quality. Plain dix A to this part. less, welded or brazed steel cylinders. carbon steel content percent for the fol­ # * * * ♦ (B) In § 178.37-5 the introductory lowing not over: Carbon, 0.25; phos­ (K) Section 178.61-5 paragraph (a) text preceding the table in paragraph phorus, 0.045; sulfur, 0.050. The addi­ is amended to read as follows: (a) is amended; note 3 is canceled as tion of other elements for alloying effect § 178.61 Specification 4BW; welded follows: is prohibited. steel cylinders made of definitely § 178.37 Specification 3AA; seamless (H) Section 178.56-20 is amended to prescribed steels with electric-arc steel cylinders made of definitely read as follows: welded longitudinal seam. prescribed steels or 3AAX; seamless § 178.61—5 Authorized steel. steel cylinders made of definitely § 178.56 Specification 4AA480; welded prescribed steels of capacity over steel cylinders made of definitely (a) As specified in Table I of Appendix 1,000 pounds water volume. prescribed steels. A to this part. § 178.37—5 Authorized steel. § 178.56—20 Authorized steel. * * * * * (a) Open-hearth, basic oxygen, or (a) As specified in Table I of Appendix (L) In § 178.63 the heading is amend­ electric steel of uniform quality. The fol­ A to this part. ed; in § 178.63-5 paragraph (a) is lowing chemical analyses are authorized ***** amended to read as follows: (see note 1): (I) In § 178.57-2 paragraphs (a) and § 178.63 Specification 9; seamless, ♦ # * * * (c) are amended; in § 178.57-8 para­ welded or brazed steel cylinders. Note 3: [Canceled] graph (c) is amended; in § 178.57-21 § 178.6 3 -5 Steel. (C) In § 178.48-5 paragraph (a) Is paragraph (a) Table 1 footnote 1 is (a) Open-hearth, basic oxygen, or amended to read as follows: amended to read as follows: electric steel of uniform quality. Content

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 7164 RULES AND REGULATIONS percent for the following not over: Car­ S =Effective stress as limited by this re­ N ote 1 : The forces, loads, and stresses con­ bon, 0.150; phosphorus, 0.045; sulfur, quirement: cerned in the foregoing requirement relate 0.055. T=The sum of the longitudinal tensile to the weight of the tank itself, its contents, stresses due to internal pressure and and articles supported by the tank, not in­ (M) In § 178.66 the heading is other causes including direct tensile cluding the weight of structures supporting amended; in § 178.66-5 paragraph (a) is stress due to a rearward accelerative the tank in normal operating condition. The amended to read as follows: force equal to twice the static stresses involved are not all uniform through weight, tensile stress due to the the length of the tank shell. § 178.66 Specification 40; nonrefillable bending moment of a rearward ac­ seamless, welded or brazed steel cyl­ celerative force equal to twice the (c) Where any tank support is at­ inders. static weight, applied at the road tached to ahy part of a tank head, the surface, and tensile flexure stress stresses imposed upon the head shall be § 178.66-5 Steel. due to three times the static weight as required in paragraph (b) of this sec­ (a) Open-hearth, basic oxygen, or in vertical loading; and tion with respect to maximum concen­ electric steel of uniform quality. Content £>s=The vectorial sum of the shear stresses in the plane in question, including trated stresses at pads and cradles. percent for the following not over: Car­ direct vertical shear due to three § 178.337—10 Protection of fittings. bon, 0.150; phosphorus, 0.045; sulfur, times the static vertical loading, di­ 0.055. * * * * * rect lateral shear due to a lateral (b) The protective devices or housing (N) In § 178.67 the heading is accelerative force of twice the static weight, and torsional shear due to a must be designed to withstand static amended; in § 178.67-5 paragraph (a) is lateral accelerative force equals to loading in any direction equal to twice amended to read as follows: twice the static weight, applied at the weight of the tank and attachments § 178.67 Specification 41; nonrefillable the road surface. Maximum concen­ when filled with the lading, using a safety seamless, welded or brazed steel cyl­ trated stresses which might be factor of not less than four, based on the inders. created at pads and cradles due to ultimate strength of the material to be shear, bending, and torsion shall also used, without damage to the fittings pro­ § 178.67-5 Steel. be calculated in accordance with ap­ tected, and must be made of metal at (a) Open-hearth, basic oxygen, or pendix G of the ASME Code, 1962 least %6-inch thick. electric steel of uniform quality. Content edition. * * * * * percent for the following not over: Car­ bon, 0.150; phosphorus, 0.045, sulfur, Appendix A— Specifications fob Steel 0.055. table i Open-hearth, basic oxygen, or electric steel of uniform quality. The following chemical composition § 178.150-3 [Amended] limits are based on ladle analysis. (O) In § 178.150-3 paragraph (a) (2) Chemical composition, percent—ladle analysis table is amended by striking out the first Designation figure in the first column and in­ serting the figure “%” in place thereof. Grade 1 1 Grade 2 »2 Grade 3 2 ‘ * (P) Section 178.337-3 is amended in 0.10/0.20 0.24 maximum___ 0.22 maximum. its entirety; in § 178.337-10 paragraph 1.10/1.60 0.50/1.00...... 1.25 maximum. (b) is amended to read as follows: 0.04 0.04______0.05 0.05...... 0.05. § 178.337 Specification MC 331; cargo 0.15/0.30 0.30 maximum___ 0.40 tanks constructed of steel, primarily 0.01/0.04______for transportation of compressed (3) (»)...... (*). gases as defined in the Compressed 35,000 35,000______35,000. Gas Section. § 178.337—3 Thickness of tank metal. C heck Analysis Tolebances A heat of steel made under any of the above grades, the ladle analysis of which is slightly (a) Tank metal thickness must be as out of the specified range, is acceptable if the check analysis is within the following variations: required by the ASME Code and para­ graph (b) of this section, except that Tolerance (j percent) over the maxhr turn limit or metal of thickness less than three- under the nfinimum limit sixteenths inch may not be used for the Element Limit or maximum specified (percent) Under Over shell or heads. A corrosion allowance of minimum Maximum 20 percent or 0.10 inch, whichever is less, limit limit must be added to the thickness otherwise 0.02 0.03 required for sulfur dioxide and chlorine Over 0.15 to 0.40 inclusive______0.03 0.04 tank material: In chlorine tanks the wall 0.03 0.03 Over 0.60 to 1.15 inclusive______0.04 0.04 thickness must be at least five-eighths Over 1.15 to 2.50 inclusive...------0.05 0.05 0.01 inch, including corrosion allowance. 0. 01 (b) The minimum thickness of metal 0.02 0.03 Over 0.30 to 1.00 inclusive______0.05 0.05 in the tank shell must be such that at 0.03 0. 03 Over 1.00 to 2.00 inclusive______0.05 0.05 no point therein will the stress on a plane 0.03 0.03 normal to the cylindrical axis exceed 25 Over 1.00 to 2.00 inclusive------0.05 0.05 0.03 0.03 percent of the minimum specified tensile Over 0.90 to 2.10 inclusive______0.05 0.05 0.01 0. 01 strength of the métal. For purposes of Over 0.20 to 0.40 inclusive______0.02 0.02 this requirement, calculation must be 0.01 0. 05 a 005 0.01 made by the formula: Over 0.10 to 0.20 inclusive______0.04 0.04 Over 0.20 to 0.30 inclusive______0.05 a os

1 Addition of other elements to obtain alloying effect is not authorized: 2 Ferritic grain size 6 or finer according to ASTM E112-63. 2 Any suitable heat treatment in excess of 1,100° F., except that liquid quenching is not permitted; where, at any given point under considera­ * Other alloying elements may be added and shall be reported: tion and for the worst combination of * For compositions with a maximum carbon content of 0.15 percent on ladle analysis, the maximum limit for man­ ganese on ladle analysis may be 1.40 percent. loadings: 2 Rephosphorized steels not subject to check analysis for phosphorus;

FEDERAL REGISTER, V O L 34, NO. 83— THURSDAY, MAY 1, 1969 RULES AND REGULATIONS 7165

PART 179-SPECIFICATIONS FOR 1. Since the proposed usage and Effective date. This order shall become TANK CARS usages for which tolerances have pre­ effective on the date of its publication in viously been established are not reason­ the F ederal R e g is t e r . VII. Part 179 is amended as follows: ably expected to result in residues of the (Sec. 408(d) (2), 68 Stat. 512; 21 U.S.C, 346a (A) In § 179.202-14 paragraphs (b) pesticide being in the edible tissues and

A petition (PP 9F0787) was filed with Chlormadinone 10 mg. per For beef heifers and beef cows only; administer in feed for Synchronization of the Pood and Drug Administration by acetate. head per 18 days; do not administer within 28 days of slaughter; do estrus (heat), the Elanco Products Co., Division of Eli day. not administer to cows producing milk for food. Lilly & Co., Indianapolis, Ind. 46206, pro­ posing the establishment of tolerances (c) To assure safe use, the labels and1786, as amended 76 Stat. 785; 21 U.S.C. for negligible residues of the herbicide labeling of the additive in any inter­ 348(c) (3), (4)), delegated as cited trifluralin (a,a,a-trifluoro-2,6-dinitro-lV, mediate premix, finished feed, or final above, the Commissioner concludes that N-dipropyl-p-toluidine) in or on the raw dosage form prepared therefrom shall a tolerance limitation is required to agricultural commodities grapes, hops, bear, in addition to the other informa­ assure that the edible tissues and by­ and root crop vegetables. tion required by the act, the following: products of animals treated with chlor­ The Secretary of Agriculture has cer­ (1) The name of the additive. madinone acetate in accordance with tified that this pesticide chemical is use­ (2) A statement of the quantity of the S 121.238 are safe for human consump­ ful for the purposes for which the toler­ additive contained therein. tion. Because of the additive’s hormone ances are being established. (3) Adequate directions and warnings activity and its corresponding potential Based on consideration given the data for use. carcinogenicity, a method of analysis of submitted in the petition, and other rele­ B. Based upon the data before him edible products is included below pur­ vant material, the Commissioner of Food and proceeding under the authority of suant to the provisions of section and Drugs concludes that: the act (sec. 409(c) (3), (4), 72 Stat. 409(c) (3) (A) of the act. Accordingly,

FEDERAI REGISTER, V O I. 34, NO. 83— THURSDAY, MAY 1, 1969 No, 83----- 7 7166 RULES AND REGULATIONS Part 121 is amended by adding to Sub­ tapping during screening step to avoid 8. Dissolve the sample from step 6 above part D the following new section: breaking of particles. Discard that portion of in 10 milliliters of CHjClj and charge the the phase which is retained on the 60-mesh chromatographic column with the solution § 121.1191 Chlormadinone acetate. screen and that portion which passes through at a flow rate of about 3 milliliters per the 100-mesh screen. minute. No residues of chlormadinone ace­ IV. Standard solutions. 9. Rinse the flask with 10 milliliters of tate (6-chloro-17-hydroxypregna-4,6- A. Chlormadinone acetate standard solu­ GH2C12 and transfer the rinse to the column diene-3,20-dione acetate) are found in tion, 50 micrograms per milliliter—accurately after all solution from step 8 above has the uncooked edible tissues of beef weigh 5 milligrams of standard chlormadi­ passed into the column. heifers and beef cows as determined by none acetate and transfer quantitatively to a 10. Develop the column with 75 milliliters the following method of analysis: 100-milliliter volumetric flask. Dissolve the of 50/50 dichloromethane/chloroform (dis­ standard and dilute to the mark with nano­ card this fraction). I. Method of analysis. Chlormadinone grade benzene. Mix the solution thoroughly. 11. Place a 125-milliliter evaporating flask acetate (CAP) is extracted from muscle, liver, B. Chlormadinone acetate standard solu­ into position to receive the column eluate. and kidney with methanol or from fat with tion, 1 microgram per milliliter—pipette 2 12. Elute the column witjj 75 milliliters of hexane. The samples are purified by liquid- milliliters of 50 mcg./ml. from A above into chloroform. liquid extraction and by column chroma­ a 100-milliliter volumetric flask and dilute to 13. Evaporate the eluate to dryness by tography. Pinal measurement is made by the mark with methanol. rotary evaporation. gas-liquid chromatography. N o t e : Chlormadinone acetate is relatively 14. Transfer the sample to a 15-milliliter II. Reagents. stable in these solutions; however, it is rec­ glass sample vial with the aid of about 5 A. Methanol, analytical reagent (AR). ommended that solution A (50 mcg./ml. in milliliters of acetone (or chloroform) in 2 B. Carbon tetrachloride AR. benzene) be prepared fresh every month and or 3 portions. Evaporate the acetone under C. Dichloromethane AR (redistilled). that solution B be prepared fresh each” week. a stream of compressed air and close the vial D. Benzene, nanograde. V. Procedure. with an aluminum-lined screwcap. E. Hexane AR. A. Extraction and purification of muscle 15. Dissolve the sample in 1.0 milliliter of P. Acetonitrile AR. and liver sample. nanograde benzene. G. Chloroform AR. 1. Thoroughly grind tissue and weigh a 16. Assay the sample by gas-liquid H. Chloroform AR containing 50 percent representative 20-gram sample of tissue into ohromatography as described in E below. by volume dichloromethane AR. a half-pint Mason jar. B. Extraction and purification of kidney I. Silica gel 0.2 to 0.5 millimeter for column 2. Add 2 milliliters of methanol per gram samples. chromatography, Brinkmann Institute, Inc., of sample. 1. Process kidney samples exactly as de­ or equivalent. 3. Blend the sample* until uniform. scribed for muscle and liver in A, steps 1 J. Activated Alumina, Alcoa P-20, Alcoa 4. Transfer as much of the sample as possi­ through 6, above. Corp., or equivalent. ble to a 250-nfilliliter centrifuge bottle and 2. Prepare an alumina column for each K. Sodium sulfate, anhydrous. centrifuge for 20 minutes at about 2,000 sample as follows: L. Chlormadinone acetate standard, Elanco r.p.m. a. Place about 10 milliliters of CHjC^ into Products Co. Note : Do not rinse with additional solvent a 14 x 250-millimeter glass chromatographic IH. Apparatus. since this would introduce an unknown in column. Insert a glass wool pledget and A. Tissue blender—Hamilton Beach Model the volume from which the aliquot in step 5 tamp with a glass stirring rod to eliminate 8, or equivalent, equipped with blender heads below is taken. air bubbles. to fit half-pint Mason jars. 5. Immediately transfer 30 milliliters of b. Add 10 milliliters of alumina to the B. Centrifuge—International Model V, or supernatant liquid (measured with a grad­ column through a powder funnel. equivalent, equipped to receive 250-milliliter uated cylinder) to a 250-milliliter separatory c. Add about 5 milliliters of CH2C12 to the centrifuge tubes. funnel. top of the column and stir the alumina with C. Separatory funnels—250-milliliters. No t e : The aliquot should be taken soon a stirring rod to eliminate air bubbles. D. Glass chromatography columns-1-^ x after centrifuging. Otherwise the solids tend d. After the alumina has settled, add 250 millimeters. to expand and reduce the amount of super- about 2 centimeters of anhydrous sodium E. Rotary vacuum evaporator—Rinco, or nate which can be decanted. sulfate to the column, layering it carefully equivalent. N o t e : Smaller aliquots may be taken in to avoid disturbance of the alumina surface. P. Evaporating flasks—300 and 125 milli­ cases where the liquid yield is less than 30 e. Drain the CH2C12 to the top of the liters. milliliters. In a series of samples the calcula­ sodium sulfate. G. Assorted volumetric flasks, pipettes, tions may be expedited by using a uniform 3. Dissolve the kidney sample in 10 milli­ and graduated cylinders. aliquot size for all samples and standard liters of CH2C12 and charge the chromato­ H. Gas chromatograph—Jarrell-Ash Model recoveries in the series. graphic column with the solution at a flow 28-700, or equivalent, equipped with an elec­ 6. Extract the supernate from step 5 above rate of about 3 milliliters per minute. tron affinity cell. about 20 seconds with 30 milliliters of car­ 4. Rinse the flask with 10 milliliters of I. Preparation of column packing: bon tetrachloride (CCU). Transfer the CCU CH2C12 and transfer the rinse to the column Gas chrom Q (80-100 mesh)—Applied fraction (lower phase) to a 300-milliliter after all solution from step 3 above has Science Laboratories, Inc., or equivalent. evaporating flash. Extract the aqueous meth­ passed into the column. XE-60 (silicone gum [nitrile] G.E.)—P anol phase with two more 30-milliliter por­ 5. Develop the column with 75 milliliters and M Scientific Corp. or Applied Science tions of CCU and combine the extracts. of CH.2C12 and discard this fraction. Laboratories, or equivalent. Stopping place. Evaporate the combined 6. Place a 125-milliliter evaporating flask Weigh 19.7 grams of the Gas Chrom Q, CCU fractions to dryness by rotary vacuum into position to receive the column eluate. transfer to a 1-liter rotind-bottom flask and evaporation using a water bath at about 7. Elute the column with 75 milliliters of add sufficient acetone to cover the solid sup­ 50° C. chloroform. port. Weigh 300 milligrams of the XE-60 in No t e : If the CCU fractions are cloudy or 8. Continue exactly as in steps 13 through a 150-milliliter beaker, dissolve in 75 milli­ appear to contain emulsion, the CCU should 16 in A above. liters of acetone, and transfer to the flask be filtered through anhydrous sodium sul­ No t e : The suitability of each lot of alu­ containing the solid support. Rinse beaker fate into the evaporating flask. mina should be evaluated prior to its use for several times with acetone and add rinses 7. Prepare a silica gel column for each experimental samples. This is done by assay­ to the flask. sample as follows: ing duplicate 1-microgram chlormadinone Evaporate the acetone ih a rotary vacuum a. Place about 10 milliliters of dichloro­ acetate standard samples by the alumina evaporator using continuous rotation. A methane (CH2CI2) into a 14 x 250-milli- column procedure as described in steps 2 warm water bath (40° C.) is used to hasten meter glass chromatographic column. In­ through 7 above. The sample is then evap­ the evaporation. sert a glass wool pledget and tamp with a orated, dissolved in 1 milliliters of benzene, “Caking” of the solid may occur during the glass stirring rod to eliminate air bubbles. and subjected to gas chromatographic meas­ evaporation before all the acetone is removed. b. Add 10 milliliters (about 4.8 grams) of urement. Percent recovery as compared to a On continued evaporation, the solid will silica gel to the column through a powder 1 mcg./ml. standard should be 90 to 100 tumble freely. When the coated phase tum­ funnel. percent. bles freely in the flask and no odor of acetone c. Add about 5 milliliters of dichlorometh­ C. Extraction and purification of fat is detected, the phase is removed from the ane (CH2CI2) to the top of the column and samples. flask. (A Morton type flask may be sub­ stir the silica gel with a stirring rod to elimi­ 1. Weigh a representative 15-gram sam­ stituted for the round-bottom flask, if in­ nate air bubbles. ple of fat into a 250-milliliter beaker. termittent rotation is used during the d. After .the silica gel has settled, add 2. Warm the fat on a steam bath until the evaporation.) about 2 centimeters of anhydrous sodium sample melts or becomes semisolid. Pour the prepared phase on a 60-mesh sulfate to the column, layering it carefully 3. Dissolve the fat in 125 milliliters of hex­ screen sieve and collect that portion of the to avoid disturbance of the silica gel surface. ane and allow the sample to cool to room phase that passes the 60-mesh screen and is e. Drain the CHjClj to the top of the so­ temperature. Mix the sample with a glass retained on the 100-mesh screen. Use gentle dium sulfate. stirring rod to effect solution of the fat.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 RULES AND REGULATIONS 7167

4. Prepare a funnel with approximately l-mcg./ml. standard, the sample should be No t e : If a standard recovery sample is not a 1 % -inch bed of anhydrous sodium sulfate. diluted with benzene and reassayed. This will prepared, use periodic injections of the Pass the hexane solution of fat through the necessitate making the appropriate changes l-mcg./m l. standard. sodium sulfate into a 250-milliliter separa­ in the calculation. 8. Measure the peak height of chlormadi­ tory funnel. 7. Repeat injection of the 0.05 part pernone acetate in centimeters for all samples Note: This step removes connective tissue million standard recovery sample after each and standards. and other hexane insoluble materials. 4 or 5 experimental samples to compensate F. Calculation of chlormadinone acetate 5. Wash the sodium sulfate with two 15- for slight changes in instrument parameters. in muscle, liver, and kidney. milliliter portions of hexane. 6. Extract the hexane fraction about 20 pH recovery sample 1. Percent recovery: X 1.8 X 100, where pH=peak height. seconds with 30 milliliters of acetonitrile. pH direct standard Pass the acetonitrile (lower phase) through 2. Calculation of residue in parts per million (meg./g) when standard recovery at 0.050 a sodium sulfate bed into a 300-milliliter evaporating flask. part per milUon are run with assay samples: 7. Repeat step 6 above with 3 additional Sample pH v n nc; meg./g.= meg./g. chlormadinone acetate in assay sample. 30-milliliter portions of acetonitrile and Standard recovery pH combine the extracts. This computation is recommended since the assay samples are compared directly to the 8. Wash the sodium sulfate with 10 milli­ 0.050-part per million standard recovery. This practice compensates for recovery factors liters of acetonitrile and evaporate the acetonitrile fraction to dryness by rotary encountered and aliquots taken during the assay procedure. vacuum evaporation. 3. When a standard recovery sample is not prepared with the assay samples: 9. Dissolve the sample in 10 milliliters of pH sample w , _ . . dichloromethane and purify by silica gel Part per m illion= pH dlrect stand^ X 10 mcg‘/m1’ column chromatography exactly as described in steps 7 through 14 under A above. 1.0 ml. benzene (2.0X sample weight+0.7X sample weight) 10. Assay the sample by gas-liquid chro­ X „30a —,ml. aliquot ------Sample weight5------— matography as described in E below. This equation reduces to: D. Preparation of control and standard recovery samples. If control tissues are avail­ pH sample X 0.09=Parts per million of chlormadinone acetate in assay sample. able, one control and one standard recovery pH direct standard sample are assayed with each day’s expert 7 mental samples. Control tissues are assayed The above equation is based on the assumption that muscle, liver, and kidney contain exactly as described in A, B, and C above. 70 percent water. Further, the total volume (milliliters) of liquid obtained after blending Standard recovery samples are prepared by is assumed to be 2.7 times the tissue weight; for example, 2 milliliters of methanol per fortifying control tissues with chiormadinone gram of tissue and 0.7 milliliter of water per gram of tissue. These assumptions are not acetate at a level of 0;05 part per million as absolutely correct because of slight differences in the water content of tissues and the follows: slight volume change which occurs when methanol and water are combined; however, the 1. Muscle, liver, and kidney—weigh 20 assumptions are considered to be accurate enough for practical purposes. grams of tissue into a half-pint Mason jar G. Calculations of chlormadinone acetate in fat. Since the fat samples are sampled by and add 1.0 milliliter of a methanol solution exhaustive extraction rather than by aliquot, a different calculation is necessary. containing 1 mcg./ml. chlormadinone acetate pH recovery sample , _ (standard solution B ). 1. Percent recovery = __ . . , , , . :. XU3 X100. 2. Pat—weigh 15 grams of fat into a 250- J pH direct standard milliliter beaker and add 0.75 milliliter of 2. Calculation of residue in parts per million when a standard recovery sample at 0.05 1 mcg./ml. standard solution B. part per million is included: Note: A 1-milliliter measuring pipette _____ganrtP e— ;— xO.05 meg./g.= meg./g. chlormadinone acetate. graduated in 0.01-milliliter increments is pH standard recovery ordinarily used for this purpose. 9. Calculation of residue when no standard recovery is included: 3. Process the standard recovery exactly pH sample ^ ^ 1 — meg./g. chlormadinone acetate. as in A, B, and C above. sample weight E. Measurement. Samples from A, B, and pH direct standard 1.0 ml. C above are measured by gas-liquid chro­ matography (GLC) using an instrument H. Gas-liquid chromatography. Any person who will be adversely af­ equipped and adjusted as described in H I. Instrument parameters.1 fected by the foregoing order may at any below. a. Jarrell-Ash Model 28-700. time within 30 days from the date of its 1. Prepare a 1-meg./ml. chlormadinone Column—16 inches of packing in 4-milli­ publication in the Federal Register file standard in benzene by pipetting 1 milliliter meter i.d. borosiTicate glass. of standard solution B into a sample vial, Packing—1.5 percent XE-60 on Gas Chrom with the Hearing Clerk, Department of evaporating to dryness under compressed air, Q 80/100 mesh. Health, Education, and Welfare, Room and redissolving in 1 milliliter of nanograde Column temperature—220° C. 5440, 330 Independence Avenue SW., benzene. Cell temperature—210° C. Washington, D.C. 20201, written objec­ 2. -Condition the gas chromatographic Injector temperature—250® C. tions thereto, preferably in quintupli­ column each day prior to assay of experi­ Electrometer range—IX10-® amperes full cate. Objections shall show wherein the mental samples. scale. person filing will be adversely affected by a. Inject 1 microliter of the 50 mcg./mL Detector—electron affinity with plane par­ standard (solution A) into the GLC allel electrodes. the order and specify with particularity instrument. Detector voltage—to give 70 percent of the provisions of the order deemed ob­ b. Inject 1-microliter portions of nano­ standing current. jectionable and the grounds for the ob­ grade benzene until the chromatogram Carrier gas—prepurified nitrogen 170 m l./ jections. If a hearing is requested, the 6hows no chlormadinone acetate peak. min. objections must state the issues for the 3. Adjust the GLC instrument to give a b. F and M Model 402. hearing. A hearing will be granted if the peak height of about 3 centimeters (2.5 to Column—16 inches of packing in 4-milli­ objections are supported by grounds 3.5) -upon injection of 1 microliter of 1-mcg./ meter i.d. borosilicate glass column. ml. standard (from step 1 above). Column packing—1.5 percent XE-60 on legally sufficient to justify the relief Note: The injection technique is "injec­ Gas Chrom Q80/100 mesh. sought. Objections may be accompanied tion by difference” using plug injection as Detector—e l e c t r o n capture—-tritium by a memorandum or brief in support described in the "U.S. Health, Education, source. thereof. and Welfare Pesticide Analytical Manual,” Column temperature—250° C. Effective date. This order diali be­ vol. I, July 1965, section 2.17, page 7. Cell temperature—200' C. 4. Inject repeated 1-microliter samples of Flash Heater—305° C. come effective on the date of its publica­ the 1-mcg./ml. standard (step 1) until suc­ Pulse—150 psec. tion in the Federal Register. cessive injections show reproducibility of Range and attenuation—to obtain a peak (Sec. 409(c) (1), 72 Stat. 1786; 21 U.S.C. 348 peak height of about ±5 percent. height of 2.5 to 3.5 centimeters with injec­ (c )(1)) 5. Inject 1 microliter of the 0.05 part per tion of 1.0 /tl of a 1.0 mcg./ml. standard in Dated: April 24,1969. million standard recovery sample until suc­ benzene. cessive injections shows a reproducibility of Carrier gas—argon /methane 90/10. J. K. K irk, peak height of about ± 5 percent. Associate Commissioner 6. Inject 1 microliter of each experimental Gas flow—190-200 milliliters per minute. sample. Under these conditions, the retention time f or Compliance. Note: If an experimental sample gives a of chlormadinone acetate is approximately 5 [F.R. Do*. 69-5156; Filed, Apr. 30, 1969; response in excess of twice that of the minutes. 8:45 a.m.j

FEDERAL REGISTER, VOI, 34, NO. 83— THURSDAY, MAY 1, 7969 7168 Proposed Rule Making

(1) Providing authority for separate of obtaining financing is becoming more DEPARTMENT OF AGRICULTURE regulations for Navel oranges; expensive. Also, in situations when as­ (2) Authority for the establishment sessment income at the rate fixed does Consumer and Marketing Service and maintenance of a monetary reserve; not equal the expenses of the program, E 7 CFR Part 905 ] (3) Providing a new basis for calcu­ it has been and could continue to be nec­ lating the percentage of a specified grade, essary to reassess the handlers in order [Docket No. AO 85-A7] and percentage of a specified size of a to obtain sufficient money to defray the ORANGES, GRAPEFRUIT, TANGER­ variety that a handler may ship during costs incurred. This method of financing a week when only a portion thereof is the program presents problems for the INES, AND TANGELOS GROWN IN permitted to be shipped; and handlers, especially if the increase in FLORIDA (4) Adding authority for a shipping assessment, applicable to all fruit han­ Notice of Recommended Decision and holiday not to exceed 5 days during the dled, is made effective late in the season. calendar week in which Thanksgiving At such time, handlers may have already Opportunity To File Written Excep­ Day occurs. made settlement with the growers and tions With Respect to Proposed Findings and conclusions. The findings closed the books for the season. It would Further Amendment of Marketing and conclusions on the material issues, thus be burdensome and an added ex­ Agreement and Order Regulating all of which are based upon the evidence pense to the handlers to pay an addi­ Handling adduced at the hearing and the record tional assessment to the committee. thereof, are as follows: A more equitable method for financing Pursuant to the rules of practice and (1) The order should be amended as committee operations would be through procedure, as amended, governing pro­ hereinafter set forth to provide authority a monetary reserve. The accumulation ceedings to formulate marketing agree­ for the regulation of the handling of and maintenance of a financial monetary ments and orders (7 CFR Part 900), no­ Navel oranges as a separate variety of reserve from excess assessment funds is tice is hereby given of the filing with the fruit under the order. Currently, Navel a good business practice. It would con­ Hearing Clerk of this recommended de­ oranges are included in the variety clas­ tribute to efficient financial management cision with respect to proposed further sification of Early and Midseason oranges in that there would be less need to bor­ amendment of the marketing agreement, and other types commonly called row money and the need to credit excess as amended, and Order No. 905, as “round” oranges. Navel oranges are thus assessment income to handlers’ accounts amended (7 CFR Part 905), regulating subject to the same regulations as all would be lessened. the handling of oranges, grapefruit, other fruit within such classification. The reserve procedure is equitable to tangerines, and tangelos grown in Flor­ Navel oranges are generally eaten out all concerned. Those who pay the assess­ ida, hereinafter referred to collectively of hand. They are a distinct variety and ment, namely the handlers, usually are as the “order.” The order is effective are readily recognized and sold separately in a lifetime pursuit and there is not pursuant to the provisions of the Agri­ in the market place under the name frequent change in the identity of the cultural Marketing Agreement Act of Navels. Navel oranges should be classi­ person involved. Under the reserve pro­ 1937, as amended (48 Stat. 31, as amend­ fied as a separate variety of fruit under cedure, those who might pay slightly ed; 7 U.S.C. 601-674), hereinafter re­ the order and be permitted separate more than their proportionate share Of ferred to as the “act.” grade and size regulations. The Navel the operating cost of the program in any Interested persons may file written ex­ variety is one of the earliest maturing given year are generally the same people ceptions of this recommerided decision varieties of oranges in Florida. However, who will benefit in a year of reduced with the Hearing Clerk, U.S. Department when the fruit attains maturity the assessments. of Agriculture, Room 112, Administration oranges often do not possess the color The evidence of record shows that the Building, Washington, D.C. 20250, not required for the U.S. No. 1 grade, which reserve should be accumulated, with the later than the 15 th day after publication is the grade that has often been in ef­ Secretary’s approval, from excess as­ of the recommended decision in the F ed­ fect for the Early and Midseason oranges sessment funds. The accumulation should eral R egister. Exceptions should be filed during the early part of a season. The continue until the committee ascertains in quadruplicate. All such communica­ inability to issue a separate regulation that the amount in the reserve is ade­ tions will be made available for public more in keeping with the characteristics quate. However, the reserve should not inspection at the office of the Hearing of the Navel variety prevents them from exceed an amount equal to approximately Clerk during regular business hours (7 being marketed early in the season when one-half of one fiscal period’s expenses CFR 1.27(b)). consumer demand is generally good and of the committee. A larger amount does Preliminary statement. The public prices are often at a high level. Adding not appear to be needed for the efficient hearing, on the record of which the pro­ authority in the order for separate reg­ operation of the program. However, the posed amendment of the order is formu­ ulations for Navel oranges would provide committee could, if such were found de­ lated, was initiated by the Consumer and a remedy for this situation and would sirable, fix any lesser limit as the desir­ Marketing Service as a result of proposals not adversely affect the market for other able amount to be maintained in such submitted by the Growers Administra­ oranges. Such authority and the imposi­ reserve. This would provide additional tive Committee, the administrative tion of appropriate regulations appli­ flexibility in that the committee could agency established pursuant to the cable only to Navel oranges would permit accumulate and maintain a reserve in a amended marketing agreement and or­ the movement of Navel oranges to mar­ needed and desirable amount below the der, and by the Florida Fresh Citrus ket before other varieties of oranges ob­ authorized maximum amount but the Shippers Association, Lakeland, Fla. A tain sufficient maturity for marketing reserve could not exceed approximately notice that such public hearing would be in volume. This would tend to improve one-half of one fiscal period’s expenses. held in the Auditorium, Florida Citrus grower returns. When the reserve approaches the max­ Mutual Building, Lakeland, Fla., was (2) The order should be amended to imum permitted, or such lesser amount published in the F ederal R egister on provide for a monetary reserve, as here­ as the committee determines to then be inafter set forth. In the absence of such adequate, the committee should credit December 18, 1968 (33 F.R. 18709). authority and without a reserve, the any excess assessment income, not re­ Material issues. The material issues committee has often found it necessary tained in the reserve, proportionately to presented on the record of the hearing to borrow money early in the season to each handler entitled thereto against the involved amendatory action relating to: meet its costs of operation. This method operations of the following fiscal period

FEDERAL REGISTER, VOL. 34, NO. 63— THURSDAY, MAY L 1969 PROPOSED RULE MAKING 7169 expenses. Should any handler demand The notice contained a proposal that (4) The provisions of the order relat­ payment of the sum due him instead of would limit the portion of a specified ing to regulations by the Secretary receiving credit for it, the committee grade or size of a variety to a percent­ should be amended, as hereinafter set should be required to pay such amount age of the handler’s shipments of such forth, to authorize the limitation of the to the handler. variety made during the preceding weekly shipment of the total quantity of any The reserve should be available to cover period. This method would provide in­ variety by prohibiting the shipment any expenses authorized by the order formation so that each handler would thereof during all or a part of a period and to cover any costs of liquidation in know at the beginning of the week the that includes Thanksgiving Day. Cur­ case of termination of the order. quantity of the specified grade or size rently, the order authorizes the prohibi­ Upon termination of the order, funds that he could ship in accordance with tion of shipments of fruit only during the that are not needed for liquidation should order provisions and the regulations is­ period December 20 to January 20, both be disposed of by returning them pro sued thereunder. A handler would sim­ dates inclusive, for not more than two rata to those who contributed or when ply add his shipments of the variety periods, and for a total of not more than warranted by disposition in any other made during the immediately preceding 14 days. Such period of prohibited ship­ manner determined by the Secretary to week and apply the authorized percent­ ments is commonly referred to as the be appropriate. It is necessary to in­ age factor against such shipments. For “Christmas shipping holiday.” The ship­ clude authorization for the Secretary to example, assume that a handler shipped ment of fruit has been so prohibited un­ dispose of such funds other than by pro 4,000 boxes of tangerines during the past der the order nearly every year for a rata distribution because the individual week. Suppose that the committee rec­ specified period. This provision of the sums to be returned may be too small ommended and the Secretary’s regula­ order is used as a means to clear out to justify the administrative expense of tion called for a minimum size of 176’s supplies in the market and to prevent proration, or because the time involved tangerines with not to exceed 25 per­ a build up of excessive quantities of fruit since their receipt would make it im­ cent of last week’s total shipments to be in the market during the slow period practical to return them to the contrib­ size 210’s. The handler could determine immediately following Christmas. utors. It would be appropriate, and that he could ship 1,000 boxes of size The marketing situation confronting record evidence so indicates, for the Sec­ 210 tangerines (25 percent of 4,000 the industry following Thanksgiving Day retary to look to the committee'for rec­ boxes) during the week for which the generally is the same as that immedi­ ommendation before he makes a decision regulation is established. Such method ately following Christmas. There is gen­ with respect to disposition of such would eliminate the uncertainties pres­ erally a rush of heavy purchasing prior money. ent in the order. to Thanksgiving Day followed by a slow (3) The provisions of the order per­ A modification to the proposal con­ period immediately following Thanks­ taining to regulations which provide for tained in the notice of hearing was pro­ giving Day. Shipments to market during limiting only a portion of a specified posed and supported at the hearing. this period of poor demand and slow grade or size of a variety that may be Such modification would base the per­ sales often result in a buildup of supplies shipped weekly by a handler should be centage of the specified grade or size at market which, in turn, causes a re­ changed, as hereinafter set forth, to on shipments made during the immedi­ duction in prices and less returns to the provide a new basis for determining such ately preceding week but if no shipments growers. percentage. Currently, the order fixes were made by the handler during that There is a delicate balance between the such percentage as a portion of the ship­ week, the percentage would be based on demand and the quantity of fruit mar­ ments of such variety made in the appli­ his total shipments of the variety dur­ keted. There is also a tendency for the cable week of the regulation period. Such ing the most recent preceding week in shippers to overestimate the demand for requirement has, at times, resulted in the current season that he shipped the Florida citrus fruit, especially at some violations of the order. The viola­ variety. Record evidence shows that each Thanksgiving time. A substantial over­ tions have resulted, to a large degree, handler does not ship every variety of shipment at Thanksgiving time may be from the difference between the total fruit each week. For example, a handler disastrous to thè growers because of shipments a handler intended to make may make all his shipments of tangerines the resulting lower prices and the insuf­ and the actual shipments he made. A within six weekly periods with intervals ficient time for price recovery prior to handler cannot prefigure with certainty of from 2 to 5 weeks between periods of the Christmas season. what his total shipments of a variety for shipment. Thus, under the proposal con­ The authority and procedure for a the weekly period will be until he has tained in the notice of hearing, he would shipping holiday at Thanksgiving time actually made his final shipment and’ not be permitted to make shipments of should follow that presently in the order totaled the amounts. For example, an the grade or size for which only a portion for the Christmas holiday except (1) the anticipated shipment of larger size or is authorized if such handler had not shipping holiday at Thanksgiving time higher grade fruit on Saturday that is made any shipments of the tangerines should be limited to one period, (2) it not made because of nonarrival of a con­ during the week prior to the week of should not exceed 5 days in duration, and veyance could result in an unintentional regulation. (3) it should be limited to the week in overshipment of the smaller size or lower Handlers who do not make shipments which the Thanksgiving Day occurs. grade fruit because such smaller size or of all varieties of fruit each week should lower grade fruit was shipped earlier in not be precluded from benefitting from It may not always be necessary or the week. The evidence of record shows participating in shipments of only a advisable to prescribe a shipping holiday that a handler’s shipments to all mar­ portion of a specified grade or size. If at Thanksgiving time every season. There kets, for all days in the week, or for dif­ the percentage of such specified grade may be periods when the supplies of fruit ferent purposes, do not often contain or size of a particular variety was based in Florida are so limited or the supplies specified proportions of the different sizes on each handler’s shipments of such va­ of competing commodities are so limited or grades. Thus, a handler may make riety during the immediately preceding that a shipping holiday at Thanksgiving heavy shipments of the smaller sizes or week but for a handler who made no such would not be warranted. However, the lower grades early in the week because of shipments was based on his shipments committee should have knowledge of the marketing situation and plan to make during the last preceding week that he such situation at the time it considers to make all of his weekly shipments in shipped the variety, all handlers would the need for such shipping holiday and conformance with the regulations. It is can base its action on the then current be permitted to participate. Accordingly, market situation. known that some markets prefer large the shipments of a specified portion of sizes while other markets demand small a grade or size or a variety a handler is Accordingly, it is concluded that the sizes. Shipments originate so as to arrive permitted to ship should be set as a per­ order should be amended to provide for in the marketplace on the desired prohibiting the shipment of any variety date. For example, if the same delivery centage of the handler’s total shipments of fruit during the Thanksgiving season date is specified, shipments to Boston of such variety during the last preceding in the manner hereinbefore discussed. would-be made earlier than shipments week within the current season that he Rulings on proposed findings and con­ to Savannah. shipped the variety. clusions. January 31,1969, was set by the

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 7170 PROPOSED RULE MAKING

Presiding Officer at the hearing as the (c) Temple oranges; other than to Canada or Mexico or be latest date by which briefs may be filed (d) Marsh and other seedless grape­ effective during any fiscal period with by interested persons with respect to fruit, excluding pink grapefruit; respect to any variety other than for one facts presented in evidence at the hear­ (e) Duncan and other seeded grape­ period not exceeding 5 days during the ing and the conclusions which should be fruit, excluding pink grapefruit; week in which Thanksgiving Day occurs, drawn therefrom. No brief was filed. (f) Pink seedless grapefruit; and for not more than two periods not General findings. Upon the basis of (g) Pink seeded grapefruit; exceeding a total of 14 days during the the evidence adduced at the hearing, and (h) Tangelos; period December 20 to January 20, both the record thereof, it is found that: (i) Dancy and similar tangerines, in­ dates inclusive. (1) The marketing agreement, as cluding Robinson; ***** amended and as hereby proposed to be (j) Mureott Honey oranges; and amended, and the order, as amended and (k) Navel oranges. Dated: April 28, 1969. as hereby proposed to be amended, and 2. Paragraph (a) of § 905.42 Han­ J ohn C. B lum, all of the terms and conditions thereof, dler’s accounts is deleted and a new Deputy Administrator, will tend to effectuate the declared policy paragraph (a) is substituted therefor: Regulatory Programs. of the act; § 905.42 Handler’s accounts. [F.R. Doc. 69-5215; Filed, Apr. 30, 1969; (2) The marketing agreement, as 8:50 a.m.] amended and as hereby proposed to be (a) H, at the end of a fiscal period, the amended, and the order, as amended assessments collected are in excess of and as hereby proposed to be amended, expenses incurred, the committee, with I 7 CFR Parts 966, 980 ] regulate the handling of oranges (in­ the approval of the Secretary, may carry cluding Temple and Mureott Honey over such excess into subsequent fiscal TOMATOES GROWN IN FLORIDA oranges), grapefruit, tangerines, and periods as a reserve: Provided, That Limitation of Shipments and tángelos grown in the production area funds already in the reserve do not ex­ in the same manner as, and are appli­ ceed approximately one-half of one fiscal Importation cable only to persons in the respective period’s expenses. Such reserve funds Consideration is being given to the classes of industrial or commercial ac­ may be used (1) to cover any expenses issuance of an amendment to the limi­ tivity specified in, the marketing agree­ authorized by this part and (2) to cover tation of shipments regulation, as here­ ment and order upon which hearings necessary expenses of liquidation in the inafter set forth, to become effective on have been held; event of termination of this part. If any or about May 12, 1969. This proposal (3) The marketing agreement, as such excess is not retained in a reserve, was recommended by the Florida To­ amended and as hereby proposed to be each handler entitled to a proportionate mato Committee, established pursuant amended, and the order, as amended refund shall be credited with such re­ to Marketing Agreement No. 125 and and as hereby proposed to be amended, fund against the operations of the follow­ Marketing Order No. 966, both as are limited in their application to the ing fiscal period unless he demands pay­ amended (7 CFR Part 966), regulating smallest regional production area that is ment of the sum due him, in which case the handling of tomatoes grown in the practicable consistently with carrying such sum shall be paid to him. Upon production area. This program is effec­ out the declared policy of the act; termination of this part, any funds not tive under the Agricultural Marketing (4) The marketing agreement, as rquired to defray the necessary expenses Agreement Act of 1937, as amended (7 amended and as hereby proposed to be of liquidation shall be disposed of in U.S.C. 601 et seq.). Under section 8e of the amended, and the order, as amended and such manner as the Secretary may de­ Act (7 U.S.C. 608e-l) imports would be as hereby proposed to be amended, pre­ termine to be appropriate: Provided, subject to the same minimum grade and scribe, so far as is practicable, such dif­ That to the extent practical, such funds size requirements. ferent terms, applicable to different parts shall be returned pro rata to the persons All persons who desire to submit writ­ of the production area, as are necessary from whom such funds were collected. ten data, views, or arguments with re­ to give due recognition to differences in * * * * * spect to this proposal may file the same the production and marketing of oranges, 3. Paragraph (a) (1) and (3) of § 905.- in quadruplicate with the Hearing Clerk, grapefruit, tangerines, and tángelos; 52, Regulation by the Secretary is re­ Room 112, U.S. Department of Agricul­ and vised to read as follows: ture, Washington, D C. 20250, not later (5) All handling of oranges (including than the 5th day after publication of this Temple and Mureott Honey oranges), § 905.52 Regulation by the Secretary. notice in the F ederal R egister. All writ­ grapefruit, tangerines, and tángelos (a) * * * ten submissions made pursuant to this grown in the production area is in the (l) Limit the shipments of any grade notice will be made available for public current of interstate or foreign commerce or size, or both, of any variety, in- any inspection at the office of the Hearing or directly burdens, obstructs, or affects Clerk during regular business hours (7 such commerce. manner as may be prescribed, and any such limitation may provide that ship­ CFR 1.27(b)). Recommended amendment of the ments of any variety grown in Regula­ Prices for fresh tomatoes currently are amended marketing agreement and tion Area II shall be limited to grades high due to a temporary supply gap order. The following amendment of the and sizes different from the grade and caused by adverse weather. Market prices amended marketing agreement and order size limitations applicable to shipments for Florida mature green tomatoes is recommended as the detailed means of the same varieties grown in Regula­ reached $10.12 per 40-pound carton of by which the aforesaid conclusions may 6 x 6’s during the week ended April 19, be carried out; tion Area I: Provided, That whenever any such grade or size limitation re­ compared to $6 for the previous week, 1. Section 905.5 Variety is revised to “’and $4.17 for the week ended April 5, read as follows: stricts the shipment of a portion of a specified grade or size of a variety the 1969. Vine ripes reached $5.15 per 20- § 905.5 Variety. quantity of such grade or size that may pound carton for the week ended April “Variety” or “varieties” means any be shipped by a handler during a par­ 19, compared to $3.50 the previous week, one or more of the following classifica­ ticular week shall be established as a and $3 for the week ended April 5. tions or groupings of fruit: percentage of the total shipments of The committee expects that Florida’s (a) Early and Midseason oranges and such variety by such handler during the harvest will increase during early May, other types commonly called “round last previous week, within the current fiscal period, in which he shipped such and reach heavy volume on or about oranges,” except Navel oranges and- ex­ May 12. Supplies from Mexico are expect­ cept Valencia, Lue Gim Gong, and simi­ variety. lar late maturing oranges of the Valencia ***** ed to continue into June. With both type; (3) Limit the shipment of the totalU.S. and Mexico supplies likely to be (b) Valencia, Lue Gim Gong, and quantity of any variety by prohibiting heavy, there is reason to believe that similar late maturing oranges of the the shipment thereof: Provided, That no these tighter regulations are necessary Valencia type; such prohibition shall apply to exports to maintain orderly marketing.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 PROPOSED RULE MAKING 7171

The proposed amendment is as fol­ posed amendments to the tentative this order who has met the following lows: marketing agreements and to the orders, conditions: regulating the handling of milk in the (i) He is a member of the cooperative In § 966.306 (33 F.~R. 16330, 17310, Washington, D.C., Delaware Valley, and or one of its affiliated cooperatives, or in 19161; 34 F.R. 128, 6326, 7135), para­ Upper Chesapeake Bay marketing areas. the case of a federation, he is a member graphs (a) and (b) are hereby amended The public hearing is for the purpose of one of its federated cooperatives from to read as follows: of receiving evidence with respect to the whom the cooperative, affiliated coopera­ § 966.306 Limitation of shipments. economic and marketing conditions tive, or federated cooperative is receiving which relate to the proposed amend­ at least 4 cents per hundredweight of * * * * * ments, hereinafter set forth, and any milk delivered by him: Provided, That (a) Minimum grade, size, and maturi­ appropriate modifications thereof, to the the cooperative of which he is a member ty requirements. No person shall handle tentative marketing agreements and to is meeting the requirements of this part any lot of tomatoes for shipment out­ the orders. applicable to it; side the regulation area unless they meet It is possible that the marketing serv­ (ii) He has been a producer, or his the following-minimum requirements: ice programs currently in effect under the farm had been the farm of a producer (1) For mature green tomatoes: U.S. Upper Chesapeake Bay and Washington, for at least a prior 12-month period; and No. 3 or better grade, over 2%2 inches D.C., orders could duplicate to some de­ (iii) He has not for a prior 12-month in diameter. gree, informational services under the period been a member producer of an­ (2) For all other tomatoes: U.S. No. 3, proposed cooperative payment program. other cooperative or federation. or better grade, over 2!%2 inches in As to the Delaware Valley order, pro­ (6) “Marketwide services” means diameter. posals included in this notice relate to services performed by cooperatives or (3) Not more than 10 percent, by both marketing service and cooperative federations, as defined herein, which count, of the tomatoes in any lot may payment programs. Accordingly, notice benefit all producers in the marketing of be smaller than the specified minimum is hereby given that, with regard to each their milk under this order; such services diameter. of the respective orders, the hearing is are not limited to those specified in sub- (b) Size classifications. (1) No person open for consideration of the following: paragraphs (1) through (6) of para­ shall handle for shipment outside the (1) provision for a marketing service graph (e) of this section and may include regulation area any tomatoes unless they program only; (2) provision for a co­ services directly or indirectly related to are sized within one or more of th^ fol­ operative payment program only; and the order. lowing ranges of diameters (expressed in (3) provision for both marketing serv­ (b) Designated cooperatives and fed­ terms of minimum and maximum). ice and cooperative payment programs. erations. A cooperative or federation may Measurement of minimum and maximum The proposed amendments, set forth submit an application to the market diameter shall be in accordance with the below, have not received the approval of administrator for payments under the method prescribed in paragraph (c) of the Secretary of Agriculture. provisions of this section or for modifica­ § 51.1860 of U.S. Standards for Grades of Proposed by Pennmarva Dairymen’s tion of the basis of a previous Fresh Tomatoes (§§ 51.1855 to 51.1877 of Cooperative Federation, Inc. : designation. In accordance with the re­ this title). Proposal No. 1. Amend Federal Orders quirements of the rules and regulations Diameter 3, 4, and 16 by adding the following pro­ issued by the market administrator, such Size classification: (inches) visions to establish a system of coopera­ application shall include a written de­ 6 x 7______Over 2%2 to 2i%2, inclusive. tive payments: scription of the applicant’s program for 6 x 6_____ - Over 2i%2 to 22%2> inclusive. the performance of marketwide services, 5 x 6______Over 22%2. § ____ _ Cooperative payments for including evidence that adequate facili­ * * * * * marketwide services. ties and personnel will be maintained (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Payments shall be made to qualified by it so as to enable it to perform the 601-674) cooperatives or to federations under the marketwide services; and the application conditions, in the manner, and at the shall contain a statement by the appli­ Dated: April 29,1969. rates set forth in this section. cant that it will perform the required F loyd F. H edlund, (a) Definitions. As used in this section marketwide services for which it is ap­ Director, Fruit and Vegetable the following terms shall have the fol­ plying for payments: Provided, That in Division, Consumer and Mar­ lowing meanings: the case of an application for modifica­ keting Service. (1) “Cooperative” means a coopera­ tion of the basis for a previous designa­ [F.R. Doc. 69-5274; Filed, Apr. 30, 1969; tive association of producers which is tion of the market administrator may 8:51 a.m.] duly incorporated under the cooperative waive the requirements for submission corporation laws of a State; is qualified of the written description of the pro­ under the Capper-Volstead Act (7 U.S.C. grams. The application shall set forth all 17 CFR Parts 1003, 1004, 1016 ] 291 et seq.) ; has all its activities under necessary data so as to enable the market administrator to determine whether it [Dockets Nos. AO-293-A21, AO-160-A41, the control of its members; and has full AO-312—A18] authority in the sale of its members’ meets the designation requirements with milk. respect to the payments for which the MILK IN WASHINGTON, D.C., DELA­ (2) “Federation” means a federation application is submitted. An application WARE VALLEY, AND UPPER CHESA­ of cooperatives which is duly incorpo­ shall be approved by the market admin­ rated under the laws of a State. istrator only if he determines that: PEAKE BAY MARKETING AREAS (1) In the case of a cooperative; (3) “Federated cooperative” means (i) It has as member producers or its Notice of H earing on Proposed a cooperative which is a member of a Amendments to Tentative Market­ affiliated cooperatives have as member federation and on whose membership the producers, not less than 15 percent of ing Agreements and Orders federation is an applicant for or receives all producers, as defined in this order. Pursuant to the provisions of the Ag­ payments under subparagraph (2) of (ii) It has contracts with each of its ricultural Marketing Agreement Act of paragraph (f) of this section. affiliated cooperatives under which the 1937, as amended (7 U.S.C. 601 et seq.), (4) “Affiliated cooperative” means a cooperatives agree to continue as affili­ and the applicable rules of practice and cooperative upon whose entire member­ ated cooperatives for at least 1 year, and procedure governing the formulation of ship another cooperative, by mutual con­ such contracts cover or will be renewed marketing agreements and marketing sent, is an applicant for or receives pay­ for a yearly period for every subsequent orders (7 CFR Part 900), notice is ments under subparagraph (2) of para­ year for which member producers of the hereby, given of a public hearing to be graph (f) of this section. affiliated cooperative are to be included held in the Academy Room, Emerson (5) “Member producer” means, when within its membership for cooperative Hotel, Baltimore and Calvert Streets, used with respect to a cooperative or fed­ payment purposes; Baltimore, Md., beginning at 9:30 a.m., eration which is an applicant for or is (iii) It receives from each of its affili­ on May 27, 1969, with respect to pro­ receiving payments, a producer under ated cooperatives not less than 4 cents

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 7172 PROPOSED RULE MAKING per hundredweight of milk delivered by ments or requesting other appropriate such payments shall not thereafter be member producers of such cooperatives. action by the Secretary or the market made to it if he determines that: (2) In the case of a federation: administrator in the light of changing (1) The cooperative or federation no (i) It has contracts with each of its conditions; (3) participating in proceed­ longer complies with the requirements of federated cooperatives under which the ings with respect to amendments to the this part: Provided, That if one of its cooperatives agree to remain in the fed­ order, including the preparation and affiliated or federated cooperatives has eration for at least 1 year, and such non- presentation of evidence at public hear­ failed to comply with the requirements of tracts cover or will be renewed for a ings, the submission of appropriate briefs this part applicable to it, the cooperative yearly period for every subsequent year and exceptions, and also participating or federation shall be disqualified only for which the federated cooperatives are by voting or otherwise, in the referenda to the extent that its qualification for to be included within the membership relative to amendments; (4) participat­ payments or the amount of its payments of the federation for cooperative pay­ ing in the meetings called by the market are based upon the membership, milk or ment purposes; administrator, such as meetings with re­ operations of such noncomplying affili­ (ii) It has as member producers not spect to rules and regulations issued un­ ated or federated cooperatives. less than 15 percent of all producers, as der the order, including activities such as (ii) The cooperative or federation has defined in this order. the preparation and presentation of data failed to make reports or furnish records (iii) It receives from each of its fed­ at such meetings and briefs for submis­ pursuant to this section or pursuant to erated cooperatives not less than 1 cent sion thereafter; (5) conducting a com­ rules and regulations issued by the mar­ per hundredweight of milk delivered prehensive education program among ket administrator. by member producers of such cooperative. producers—i.e., members and non­ (2) An order of the market adminis­ (3) The applicant cooperative or fed­ members of cooperatives—and keeping trator wholly or partly canceling the des­ eration demonstrates that it has the such producers well informed for partic­ ignation of a cooperative or federation ability to perform the marketwide serv­ ipating in the activities under the regu­ shall not be issued until after the coop­ ices for which applicatimi is made, and latory order and, as a part of such pro­ erative or federation has had opportuni­ that such services Will be performed. gram, issuing publications that contain ty for hearing thereon following not less (4) The applicant cooperative or the relevant data and information about the than 15 days’ notice to it specifying the federated cooperatives of an applicant order and its operation, and the distri­ reasons for the proposed cancellation. If federation are in no way precluded from bution of such publications to members the cooperative or federation fails to file arranging for the utilization of milk un­ and, on the same subscription basis, to* a written request for hearing with the der their respective control so as to yield nonmembers who request it, and holding market administrator within such period the highest available net return to all meetings at which members and non­ of 15 days, the market administrator may producers without displacing an equiva­ members may attend; (6) engaging in issue an order of cancellation without lent quantity of other producer milk in the handling, selling, and hauling milk of further notice; but if within such period the preferred classification. members and/or nonmembers; and (7) a request for hearing is filed, the market (c) Notice of designation or denial; ef­ performing such other services as are administratoi shall promptly proceed to fective date. Upon determination by the needed to maintain satisfactory market­ hold such hearing pursuant to rules and market administrator that a cooperative ing conditions and promote market regulations issued by him under para­ or a federation shall be designated to stability. graph (i) of this section. receive payment for performance of the (f) Rate, computation, time, and (3) A cancellation order issued by the marketwide services he shall transmit method of payment. (1) Subject to the market administrator shall set forth the such determination to the applicant co­ provisions of paragraph (g) of this sec­ findings and conclusions on the basis of operative or federation and publicly an­ tion, the market administrator, on or be­ which it is issued. nounce the issuance of the determina­ fore the 20th day of each month, shall (h) Appeals—(1) From denials of ap­ tion. H ie determination shall be effective make payment out of the producer- plication. Any cooperative or federation with respect to milk delivered on and settlement fund, or issue equivalent whose application for designation has after the first day of the month following credit therefore, to each cooperative or been denied by the market administrator issuance of the determination. If, after federation which is designated for such may, within 30 days after notice of such consideration of an application for pay­ payments for marketwide services. The denial, file with the Secretary a written ments for marketwide services, the mar­ payment to a cooperative or federation petition for review. But the failure to ket administrator determines that the shall be based upon the milk reported by file such petition shall not bar the co­ cooperative or federation is not quali­ cooperative or proprietary handlers to operative or federation from again ap­ fied to receive such payments he shall have been received during the preced­ plying to the market administrator for promptly notify the applicant and specif­ ing month from its member producers, designation. ically set forth in such notice his reasons subject to adjustment upon verification (2) From cancellation orders. A can­ for denial of the application. by the market administrator. cellation order by the market adminis­ (d) Requirements for continued des­ (2) Such payment or credit shall be trator shall become final 30 days after ignation. Prom time to time and in ac­ at the rate of 4 cents per hundredweight its service on the cooperative or federa­ cordance with the rules and regulations of milk in accordance with subparagraph tion unless within such 30-day period which may be issued by the market ad­ (1) of this paragraph. the cooperative or federation files a writ­ ministrator, each designated cooperative (3) If an individually designated co­ ten petition with the Secretary for re­ or federation must demonstrate to the operative is affiliated with a federation, view thereof. If such petition for review market administrator that it continues to the cooperative payment shall be made is filed, payments for which the cooper­ meet the designation requirements for to such cooperative unless its contract ative or federation has been cancelled the payments and is fully performing the with the federation specified in writing by the order shall be held in reserve marketwide services for which it is being that the federation is to receive the pay­ by the market administrator pending rul­ paid. ments. Any such contract must author­ ing of the Secretary, after which the (e) Marketwide services. Each cooper­ ize the federation to receive the pay­ sums so held in reserve shall either be ative or federation shall perform the ments for at least I year, and such returned to the producer-settlement fund marketwide services enumerated in this agreement must cover or be renewed for or paid over to the cooperative or fed­ paragraph. Such services shall include: a yearly period for every subsequent year eration depending on the Secretary’s (1) Analyzing milk marketing problems for which the federation is to receive the ruling on the petition. If such petition and their solutions, conducting market payments. for review is not filed, any payments research and assembling statistical data (g) Cancellation of designation. (1) which otherwise would be made within relative to prices and marketing condi­ The market administrator shall issue an the 30-day period following issuance of tions, and making an economic analysis order wholly or partly canceling the des­ the cancellation order shall be held in of all such data; (2) determining the ignation of a previously designated co­ reserve until such order becomes final need for the formulation of amendments operative or federation for payments au­ and shall then be returned to the pro­ to the order and proposing such amend- thorized pursuant to this section and ducer-settlement funds.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 PROPOSED RULE MAKING 7173 ' 1 (3) Record on appeal. If an appeal Istrator that the report is, to the best of received from each producer from whom taken under subparagraph (1) or sub- his knowledge, accurate and in accord­ the deduction was made. paragraph (2) of this paragraph, the ance with the rules and regulations which Proposed by Pennmarva Dairymen’s market administrator shall promptly he has established. Cooperative Federation, Inc. : certify to the Secretary the ruling or (2) Submit an annual report to the Proposal No. 3. Modify proposal No. 2 order appealed from the evidence upon market administrator which shall by providing a 5-cent rate of deduction which it was issued: Provided, That if a include: in place of the 3-cent rate of deduction hearing was held the complete record (i) A concise report of its performance specified in paragraph (a) of such thereof, including the applications, peti­ of marketwide services and allocations of proposal. tions, and all exhibits or other documen­ expenditures to such performance for the Proposed by the Dairy Division, Con­ tary material submitted in evidence shall previous year; and sumer and Marketing Service: be the record so certified. Such certified (li) An outline of its proposed pro­ Proposal No. 4. Make such changes as material shall constitute the sole record gram and budget for performance of may be necessary to make the entire upon which the appeal shall be decided marketwide services for the coming year. marketing agreements and the orders by the Secretary. (3) Make such additional reports to conform with any amendments thereto (i) Regulations. The market adminis­ the market administrator as may be re­ that may result from this hearing. trator is authorized to issue regulations quested by him for the administration of Copies of this notice of hearing and and amendments thereto to effectuate the provisions of this section. order may be procured from the Market the provisions of this section and to fa­ (4) Maintain and makè available to Administrators: 710 South Washington cilitate and implement the administra­ the market administrator or his repre­ Street, Alexandria, Va. 22313; 20 East tion of its provisions. Such regulations sentative such records as will enable the Susquehanna Avenue, Baltimore, Md. shall be issued in accordance with the market administrator to verify such 21204; 1 Decker Square, Room 646, Bala following procedure: reports. Cynwyd, Pa. 19004, or from the Hearing (1) All proposed rules and regula­ (k) Notices, demands, orders, etc. AllClerk, Room 1124A, Administration tions and amendments thereto shall be notices, demands, orders, or other pa­ Building, ILS. Department of Agricul­ the subject of a meeting called by the pers required by this section to be given ture, Washington, D.C. 20250 or may be market administrator, at which all in­ to or served upon a cooperative or federa­ there inspected. terested persons shall have opportunity tion diali be deemed to have been given Signed at Washington, D.C., on to be heard. Not less than 5 days prior to or served as of the time when mailed to April 25, 1959. the meeting, notice thereof and of the the last known secretary of the coopera­ J ohn C. B lum. proposed regulations or amendments tive or federation at his last known Deputy Administrator, shall be published in the F ederal R egis­ address. Regulatory Programs. ter and mailed to qualified cooperatives Proposed by Eastern Milk Producers and federations. A stenographic record [FJR. Doc. 69-5191; Filed, Apr. 30, 1969; Cooperative Association, Inc.: 8:48 am.] shall be made at such meetings which Proposal No. 2. Amend Order No. 4 by shall be public information and be avail­ adding a new section providing for mar­ able for inspection at the office of the [ 7 CFR Part 1013 ] market administrator. ket service deductions from nonmembers of associations of producers as follows: [Docket fro. AO-286-A14] (2) A period of at least 5 days after (a) In making the payments required the meeting shall be allowed for the filing by § 1004.80 for producer milk, other MILK IN SOUTHEASTERN FLORIDA of briefs. than milk delivered by himself and any MARKETING AREA (3) All regulations and amendments producer who is a member of a coopera­ thereto issued by the market adminis­ tive association which the Secretary de­ Notice of Recommended Decision and trator pursuant to this section must be termines is performing the services Opportunity To File Written Excep­ submitted in tentative form to the Sec­ specified in paragraph (b) of this section, tions on Proposed Amendments to retary for approval, shall not be effec­ each handler shall deduct three cents Tentative Marketing Agreement tive without such approval, and shall be per hundredweight, or such lesser amount and to Order published in the F ederal R egister fol­ as the Secretary shall determine to be lowing such approval. The regulations or sufficient, for marketing services. The Pursuant to the provisions of the Agri­ amendments in tentative form shall be handler shall pay the amount deducted cultural Marketing Agreement Act of forwarded also to cooperatives and fed­ to the market administrator on or be­ 1937, as amended (7 U.S.C. 601 et seq.), erations designated under this section fore the 19th day after the end of the and the applicable rules of practice and and to other persons upon request in month. procedure governing the formulation of writing. The Secretary shall either ap­ (b) The market administrator shall marketing agreements and marketing prove the regulations or amendments expend amounts received under para­ orders (7 CFR Part 900), notice is hereby thereto submitted by the market admin­ graph (a) of this section only in provid­ given of the filing with the Hearing Clerk istrator or direct the market adminis­ ing market information to the producers of this recommended decision with re­ trator to reconsider the tentative rules who delivered the milk which was sub­ spect to proposed amendments to the or amendments. In the event the market ject to such deduction and for verifica­ tentative marketing agreement and or­ administrator is directed to give recon­ tion of weights, samples, and tests of der regulating the handling of milk in sideration to the matter, the market ad­ milk received by handlers from them. the Southeastern Florida marketing area. ministrator shall either issue revised The market administrator may contract Interested parties may file written ex­ tentative regulations or amendments or with a cooperative association for the ceptions to this decision with the Hear­ call another meeting pursuant to this furnishing of the whole or any part of ing Clerk, U.S. Department of Agricul­ section for additional consideration of these services. ture, Washington, D.C. 20250, by the the rules or amendments. (c) Each handler in making the pay­ 15th day after publication of this deci­ (j) Reports and records. Each desig­ ments required by § 1004.80 for producer sion in the F ederal R egister. The excep­ nated cooperative or federation shall, in milk delivered by members of a coopera­ tions should be filed in quadruplicate. accordance with rules and regulations tive association which the Secretary de­ All written submissions made pursuant to issued by the market administrator: termines is performing the services this notice will be made available for ( 1 ) After submission to the market ad­ specified in paragraph (b) of this sec­ public inspection at the office of the ministrator for verification, make a pub­ tion shall deduct from such payments, Hearing Clerk during regular business lic report of its performance of mar­ in lieu of the deductions specified in hours (7 CFR 1.27(b) ). ketwide services pursuant to this section, paragraph (a) of this section, an amount Preliminary statement. The hearing on including data on its receipts and ex­ authorized by such producers. He shall the record of which this decision is for­ penditure of cooperative payments funds pay the amount deducted to the associa­ mulated was conducted at Fort Lauder­ and a description of the marketwide serv­ tion on or before the 20th day after the dale, Fla., on January 9-11, 1968, pursu­ ices performed. The report shall contain end of the month accompanied by a ant to notice thereof which was issued a certification by the market adminis- statement showing the pounds of milk December 29, 1967 (33 F.R. 78).

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 No. 83 7174 PROPOSED RULE MAKING The material issue on the record of already producing his base returns to milk—IDFA recommended an amount the hearing relates to the adoption of a him only the lower price. It is this differ­ equal to 12 percent of the Class I sales in Class I base plan. ence—approximately $2.64 in 1968—in the market—is necessary to assure an Findings and conclusions. The follow­ returns to members and to other pro­ adequate milk supply for handlers at all ing findings and conclusions on the ma­ ducers for additional milk production, times. terial issue are based on evidence pre­ IDFA argues, that results in the eco­ Producer receipts under the order in sented at the hearing and the record nomic disadvantage to members. 1968 were 571 million pounds, 13 percent thereof :■ IDFA states that if a Class I base plan more than the 507 million pounds in The Southeastern Florida order should is not incorporated in the order it may be 1963. - Producer milk used in Class I, not be amended to provide for a Class I forced to abandon its present base plan. which increased 12 percent during this base plan. It considers the use of a Class I base 6-year period, totaled 496 million pounds The order now provides for the distri­ plan essential, however, to the orderly in 1968, compared with 442 million bution of total returns from producer balancing of milk supplies with demand pounds in 1963. The Class I utilization milk through the payment of a uniform in this market and urges the adoption of of producer milk during the past 6 years price, which is the same for each pro­ such a plan under the order. has approximated 87 percent annually, ducer for all his milk. Independent Dairy The 14 producers in the market who as shown in the following table. Farmers’ Association (IDFA) proposes are not IDFA members oppose a Class Producer Percentage that such returns be distributed through I base plan. Of these 14 producers, 10 Year Producer milk in of producer a Class I base plan under which produc­ are members of Home Milk Producers receipts Class I milk in ers would receive approximately the Association (HMPA), a cooperative Class I Class I price for their “base” deliveries which bottles milk and manufactures and approximately the Class III price for cottage cheese and ice cream at its own (M illion (M illion pounds) pounds) ( Percent) deliveries in excess of their base. Under plant. The four remaining Southeastern 1963 ...... 507 442 87.3 Florida producers are corporate farms 1964 ...... 511 445 87.2 their plan, a producer’s base would re­ 1965...... ' 530 462 87.2 flect his proportionate share of the Class owned and operated by the same person. 1966...... 535 468 87.6 I sales in the market based on his deliv­ He and an HMPA member testified con­ 1967...... 568 491 86.4 eries relative to the total producer milk cerning their operations. 1968...... 671 496 86.9 pooled during a representative period. Production in December 1964 through IDFA represents 74 of the 88 producers March 1965 of the HMPA member who Although milk production for the under the order and markets 75 to 80 testified was 4.4 million pounds. In 1967, Southeastern Florida market has in­ percent of the total producer milk. As he expanded his production facilities by creased, Class I sales have likewise in­ the marketing agent for its members, an investment of $160,000 in additional creased. Despite relatively large produc­ IDFA assumes the role of balancing milk land and cows. He estimated that due tion increases by some producers, there supplies, both on a seasonal and day-to- primarily to the expansion, his Decem­ has been no significant change in the day basis, with the fluid milk require­ ber 1967-March 1968 production would relationship between production for the ments of handlers. This entails import­ be about 5.7 million pounds, an increase market and Class I sales. In the past 6 ing milk into the market when local sup­ of 30 percent over the comparable 1964- years, the market reserve averaged only plies are short and disposing of supplies 65 period. The increase in production by 13 percent of producer deliveries. Such a that are in excess of handlers’ needs. all Southeastern Florida producers dim­ reserve, as the proponent cooperative in­ Since 1961, IDFA has operated a type ing this period was 11 percent. dicates, is, in fact, needed to assure of Class I base plan outside the order to The owner of the four corporate farms handlers of an adequate supply of milk encourage members to adjust their pro­ relocated one farm operation in June for Class I use. duction to the needs of the market. The 1967, involving an investment of more Historically, deliveries of Southeastern institution of their plan followed the than $900,000 in land, new buildings and Florida producers have not always been removal from the order of a seasonal equipment, and 450 additional cows. adequate to meet the market’s Class I base-excess plan, which was considered With the new facility in operation, total needs and niilk must be obtained from to have stimulated excessive production production on the four farms in October outside sources. In September through because of a "race for base” by producers. 1967 was 5 million pounds, 35 percent December 1968, handlers imported 6 mil­ IDFA claims that its plan places mem­ more than their October 1965 production lion pounds of milk. Total imports in bers at an economic disadvantage com­ of 3.7 million pounds. Total production 1968 were 8.9 million pounds. In 1967, pared to other producers on the market, of all other Southeastern Florida pro­ 1.6 million pounds were imported. since the plan applies only to its ducers increased 8 percent in the same The Food and Agriculture Act of 1965 members. 2-year period. provided the authority to include Class It points out that the other producers, Production increases such as these I base plans in Federal orders. The pro­ being outside the plan, receive for all have been of particular concern to IDFA posal for a Class I base plan must be their milk the order uniform price, which which points out that although it repre­ considered in relation to the basic pur­ in 1968 averaged $6.96.1 When these pro­ sents 74 of the 88 producers on the mar­ poses of the authorizing statute. The ducers increase their production, they ket it has, neverthless, no control over statement of purposes in the statute and receive the uniform price on the addi­ the production of the other 14 South­ the legislative history of the Class I base tional milk also. Its members, IDFA in­ eastern Florida producers. It argues that plan provisions in the statute make it dicates, do not. Although IDFA receives the efforts of its members, in operating abundantly clear that a principal pur­ for its members the order uniform price under a base plan to tailor production pose of the 1965 Act is to reduce surplus for all their milk, these returns are re­ to the market’s Class I requirements, milk production. We conclude that there distributed to the members through their can be substantially nullified by the is no milk surplus in the Southeastern Class I base plan. Members receive ap­ increased production of the other Florida market beyond the normal re­ proximately the Class I price for base producers. quirement of any market for a minimum milk and approximately the Class III Handlers oppose a Class I base plan reserve to meet daily and weekly fluctua­ price for milk exceeding their base, IDFA for the order. They argue that the basic tions in sales. Accordingly, the inclusion stated. Under the order, Class I and Class purpose of such plans is to reduce sur­ of a Class I base plan in the Southeast­ III prices averaged $7.31 and $4.32, re­ pluses and that the Southeastern Florida ern Florida order is denied at this time. spectively, in 1968. IDFA stresses that market has no surplus. The handlers Rulings on proposed findings and con­ any additional production by a member note that the market’s Class I utilization clusions. Briefs and proposed findings of producer milk, which averaged 87 per­ and conclusions were filed on behalf of certain interested parties. These briefs, 1 Official notice is taken of the Southeast­ cent for the past 6 years, is among the ern Florida order monthly statistical releases highest in the country; and that an­ proposed findings and conclusions and issued after the close of the hearing which other 5 to 8 percent of the producer milk the evidence in the record were con­ provide market data for 1967 and 1968 that is used in Class n products. Moreover, sidered in making the findings and con­ were not available at the time of the hearing. handlers argue, a reserve supply of clusions set forth above. To the extent

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 PROPOSED RULE MAKING 7175 that the suggested findings and conclu­ Communications should identify the reg­ sions filed by interested parties are in­ ulatory docket or notice number and be SECURITIES AND EXCHANGE consistent with the findings and submitted in duplicate to the Office of conclusions set forth herein, the requests the General Counsel, Federal Aviation COMMISSION to make such findings or reach such con­ Administration, Department of Trans­ [1 7 CFR Parts 230, 239 ] clusions are denied for the reasons pre­ portation, Attention: Rules Docket, GC- viously stated in this decision. 24, 800 Independence Avenue SW., [Releases Nos. 33-4960, IC-5650] In accordance with § 900.9(b) of the Washington, D.C. 20590. All communi­ cations received on or before June 30, RULES, REGULATIONS, AND FORMS general regulations with respect to mar­ UNDER SECURITIES ACT OF 1933 keting agreements and orders (7 CFR 1969, will be considered by the Admin­ Part 900), an interested party requested istrator before taking action on the pro­ Proposed Amendments to Rules and in his brief a reversal of the Presiding posed rule. The proposal contained in this notice may be changed in the light Adoption of Summary Sheets for Officer’s denial of a motion for a con­ Registration Statements tinuance of the hearing. The party con­ of comments received. All comments sub­ tended that although the legal require­ mitted will be available, both before and Notice is hereby given that the Secu­ ments for notice were met the notice of after the closing date for comments, in rities and Exchange Commission has hearing provided insufficient time to pre­ the Rules Docket for examination by under consideration proposed amend­ pare evidence for the hearing. A con­ interested persons. ments to all of its forms for the regis­ tinuance of the .hearing was asked so The qualification requirements of tration of securities under the Securities that certain statistical data could be § 121.61 for management personnel of Act of 1933 (“Act”), and proposed prepared and presented for inclusion in Part 121 air carrier and commercial op­ amendments to Rules 402, 404, and 472 the record. erators were adopted to assure a high under the Act. The notice for this hearing, which con­ level of supervisory management compe­ Forms C-2, C-3, D-l, D-1A, S-l, S-2, vened on January 9, 1968, was published tence. To achieve this purpose, the chief S-3, and S-7 through S-14 (§§ 239.4, on January 4, 1968. This provided more pilot experience requirements were 239.5, 239.6, 239.7, 239.11, 239.12, 239.13, than the minimum 3-day notice required adopted to insure that a pilot would be 239.16b, 239.17, 239.18, 239.19, 239.22, by § 900.4(a) of the general regulations. thoroughly familiar through experience 239.23, 239.24, and 239.26 of this chap­ Such notice is considered to be reason­ of a pilot in command with the flight ter) are prescribed for registration under able in the circumstances. The Presiding operations of an air carrier or a com­ the Act of securities of companies other Officer’s ruling on this motion is mercial operator before he assumes his than investment companies, with the affirmed. responsibilities as a chief pilot. exception noted below. Form S-4 and In several instances in the past, how­ Form S-5 (§§ 239.14, 239.15 of this chap­ Signed at Washington, D.C., on ever, the FAA has granted exemptions ter) are prescribed for registration under April 25, 1969. to persons requesting approval to serve the Act of securities of closed-end and J ohn C. Bltjm, as chief pilots where it has been shown open-end management investment com­ Deputy Administrator, that these persons have sufficient aero­ panies, respectively, except those which Regulatory Programs. nautical managerial experience to fulfill issue periodic payment plan certificates; [F.R. Doc. 69-5190; FUed, Apr. 30, 1969; the purpose of the regulation even Form S-6 (§239.16 of this chapter) is 8:48 am.] though such persons did not have the prescribed for the registration of secu­ required pilot in command experience. rities of unit investment trusts; Form This proposed rule provides that in such N-5 (§ 239.24 of this chapter) is pre­ cases a deviation could be granted by scribed for the registration of securities of DEPARTMENT OF the Administrator. small business investment companies; In consideration of the foregoing, it is and Form S-l (§ 239.11 of this chapter) TRANSPORTATION proposed to amend § 121.61(b) (2) to read is prescribed, with certain exceptions, for as follows: the registration of securities for which Federal Aviation Administration no other form is prescribed, including se­ § 121.61 Management personnel: quali­ curities of management investment com­ [ 14 CFR Part 121,1 fications. panies which issue periodic payment plan [Docket No. 9548; Notice 69-18] * * * * certificates and securities of face-amount (b) * .* * certificate companies. Rules 492 and 472 PROVISION FOR DEVIATIONS FROM (2) Has had at least 3 years of ex­ (§§ 230.402, 230.472 of this chapter) un­ QUALIFICATIONS REQUIREMENTS perience as pilot in command of a large der the Act prescribe, among other FOR CHIEF PILOTS aircraft with an air carrier or commer­ things, the number of copies of regis­ tration statements and amendments Notice of Proposed Rule Making cial operator. However, the Administra­ thereto which shall be filed with the The Federal Aviation Administration tor may grant a deviation from the Commission under the Act by every regis­ is considering amending § 121.61 of the requirement of this subparagraph if he trant. Rule 404 (§ 230.404 of this Federal Aviation Regulations to provide finds that the person has had equivalent chapter) contains certain requirements for grants of deviation from the 3 years aeronautical experience; and for the preparation of registration pilot in command experience require­ ***** statements. The proposed amendments to the ment for a chief pilot in those cases (Secs. 313(a), 601, 604, Federal Aviation Act where the Administrator finds that the of 1958; 49 U.S.C. 1354(a), 1421, 1424; sec. forms and rules would prescribe sum­ applicant’s aeronautical experience is 6(c), Department of Transportation Act; 49 mary sheets to be filled in by the regis­ equivalent to 3 years of experience as a U.S.C. 1655(c)) trant and filed as an exhibit to each pilot in command of a large aircraft registration statement, and amendment with an air carrier or a commercial Issued in Washington, D.C., on thereto, filed under the Act for the regis­ operator. April 24,1969. tration of securities. The answers in the R. S. Sliff, summary sheets would summarize es­ Interested persons are invited to par­ Acting Director, sential information relating to the ticipate in the making of the proposed Flight Standards Service. registrant and the registration state­ rule by submitting such written data, [F.R. Doc. 69-5185; Filed, Apr. 30, 1969; ment. The information in the summary views, or arguments as they may desire. 8:47 am.] sheets will facilitate the automated

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 7176 PROPOSED RULE MAKING

processing of data through the use of the and ending dates (month and year) of Fifteen additional copies of the summary Commission’s computer; the Commis­ the specified relationships. This infor­ sheet required by paragraph (f ) of sion’s recordkeeping, including its inter­ mation is needed . for the purpose of § 230.404 shall also tife furnished with nal workload control; and the dissemina­ recording multiple relationships of re­ each registration statement.

tion of information to the Commission’s lated . persons. It would be required to * * • * * * regional offices for public information be furnished if known to the registrant. purposes. The summary sheets, through However, it would be incumbent on the § 230.404 Preparation of registration uniform arrangement of data in ab­ registrant to make all reasonable effort statement. breviated form, will eliminate the neces­ to obtain such information. 4s 4< 4c 4c 4c sity for transcribing information from Paragraph (a) of Rule 402 (17 CFR (f) Every registration statement and filings onto intermediate forms for the 230.402(a)) and paragraph (a) of Rule every amendment thereto, other than foregoing purposes. 472 (17 CFR 230.472(a)) under the Act amendments made by telegram or letter The summary sheets consist of two would be amended to provide that a total pursuant to § 230.473, shall include as an pages which would be filled in by in­ of 18 copies of the summary ' sheet be exhibit a summary sheet of Form 835 serting the required data in the spaces filed with every registration statement (§ 239.41 of this chapter) or 836 (§ 239.42 provided. Copies of blank summary and amendment (other than amend­ of this chapter) as prescribed by the in­ sheets could be reproduced by the regis- ments made by telegram or letter pur­ structions to the exhibits of the appro­ , trant for this purpose or copies would be suant to Rule 473 (17 CFR 230.473)). priate form. An issuer filing pursuant to furnished by the Commission upon Some copies would be kept in the Com­ Schedule B of the Act (15 U.S.C. 77aa— request. mission’s principal office for the use of Schedule B) shall include as an exhibit The sheet designated “Form 835— the staff and for public inspection. It is the summary sheet on Form 835 (§ 239.41 Summary Sheet for Registration State­ proposed that other copies would be of this chapter). ment, or an Amendment Thereto, Filed placed in all regional offices of the Com­ §230.472 Filing of amendment; num­ under the Securities Act of 1933 for the mission so that the information con­ ber o f copies. Registration of Securities of a Company tained therein would be more readily Other than an Investment Company” available to interested persons, in line (a) Three copies of every amendment, (§ 239.41 of this chapter) would be pre­ with the recommendations of the Com­ other than telegraphic amendments pur­ scribed for Forms C-2 (§ 239.4), C-3 mission’s Special Study of Securities suant to § 230.473, shall be filed with the (§ 239.5), D -l (§ 239.6), D-1A (§ 239.7), Markets. Commission. Fifteen additional copies of S-l through S-3 (§§ 239.11 through the summary sheet required by para­ 239.13), andS-7 through S-14 (§§ 239.26, The text of thè proposed amendments graph (f) of § 230.404 shall also be fur­ 239.16b, 239.22, 239.17, 239.18, 239.19, to Rules 402, 404, and -472 and to the nished with each such amendment other 239.25 and 239.23 respectively). The sum­ various forms, and copies of proposed than an amendment made by telegram mary sheet designated “Form 836—Sum­ summary sheet Forms 835 and 836 are or letter pursuant to § 230.473. If an mary Sheet for Registration Statement, set forth below. amendment relates to the prospectus, a or an Amendment Thereto, Filed Under The proposed amendments would be copy of the amended prospectus and of the Securities Act of 1933 for the Regis­ adopted pursuant to sections 7 and 19(a) the cross reference sheet required by sec­ tration of Securities of an Investment of the Securities Act of 1933 and section tion 404(c) of this chapter, if amended, Company Registered Under the Invest­ 24(a) of the Investment Company Act of shall be included in each copy of the ment Company Act of 1940” (§ 239.42 of 1940. All interested persons are invited 'amendment filed; except that only the this chapter) would be prescribed for to submit views and comments with in­ changed pages of the prospectus and Form S-4 (closed-end companies) spect to the proposed amendments, cross reference sheet, if amended, need (§ 239.14), Form S-5 (open-end com­ which are reflected in the attached be included in an amendment filed pur­ panies) (§ 239.15), Form S-6 (unit drafts of the summary sheets and pro­ suant to the undertaking referred to in trusts) (§ 239.16), Form N-5 (small busi­ posed amendments to the rules and § 230.415(a) (1). forms. Any such views or comments ness investment companies) (§ 239.24), * * * * * and Form S-l (management company should be submitted in writing to the Securities and Exchange Commission, II. Proposed forms; The Commission issuers of periodic payment plan certifi­ proposes to adopt Forms 835 and 8361 as cates and face amount certificate com­ Washington, D.C. 20549, on or before May 2, 1969. All such communications §§ 239.41 and 239.42 of this chapter and panies) (§ 239.11), Page 1 would be described as follows: < completed and filed with the registration should refer to Securities Act Release No. statement and with each amendment. 4960, and they will be considered avail­ § 239.41 Form 835, Summary sheet for Page 2, requiring a list of various persons able for public inspection, except where it registration statement or an amend­ related to the registrant and their re­ is reauested they not be disclosed. ment thereto, filed pursuant to Rule lationships, would be filled out completely I. The Commission proposes to amend 404(f) (§ 230.404(f) of this chap­ only in the summary sheet filed with §§ 230.402, 230.404, and 230.472 of this ter) under the Securities Act of 1933 the original filing or with the first chapter as follows: for the registration of securities of a amendment filed on or after the effective company other than an investment date of the form of summary sheet. § 230,402 Number of copies ; binding ; company. Thereafter, only changes, if any, in the signatures. This form shall be used as the blank list of related persons set forth on page 2 (a) Three copies of the complete regis­ fill-in form for the summary sheet re­ would be required in summary sheets tration statement, including exhibits and quired to be filed pursuant to § 230.404(f) filed with amendments. A system of ab­ all other papers and documents filed as of this chapter by each registrant breviations is prescribed in the instruc­ a part of the statement shall be filed thereto, filed under the Securities Act tions to the summary sheet to enable the with the Commission. Each copy of the of 1933 for registration of securities of a registrant to set forth the relationships registration statement so filed shall be company other than an investment in abbreviated form. Incorporation by bound, in one or more parts, without stiff company registered under the Invest­ reference to other information would not covers. The binding shall bë made on be permitted in the summary sheet in the side stitching margin in such man­ ment Company Act of 1940. However, view of the necessity for a complete ner as to leave the reading matter legible. this form need not be filed with a delay­ record in concise form to achieve the Five additional copies of the registration ing amendment made by telegram or purposes described above. statement shall be furnished for use in letter pursuant to § 230.473 of this chap­ The information in the summary the examination of the registration state­ ter, or with a request for withdrawal of sheets would be confined substantially ment but such copies need not be accom­ to information' which is presently re­ panied by any exhibits other than inden­ 1 Copies of these forms have been filed as quired by the forms, except for Social tures pertaining to securities being regis­ part of this document and may be obtained Security numbers or Internal Revenue tered, and copies of the underwriting from the Securities and Exchange Commis­ Service employer’s identification num­ contracts and other documents relating sion. Incorporation by reference approved by bers of related persons and the beginning to the distribution of the securities. Director of Federal Register, Apr. 30, 1969.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY,' MAY 1, 1969 PROPOSED RULE MAKING 7177 a registration statement pursuant to Each application for temporary authority § 230.477 of this chapter. In the case of a must be accompanied by a supporting state­ INTERSTATE COMMERCE ment (s) designed to establish an immediate post effective amendment, the only pur­ and urgent need for service which cannot pose of which is to reduce the amount COMMISSION be met by existing carriers, except that when of securities registered to the amount the Department of Defense is the shipper sold, only items 1 through 8(b) need be [ 49 CFR Part 1131 1 such support may be furnished directly to completed. Exact copies of this form [Ex Parte No. MC-67; 98 M.C.C. 483] the Temporary Authorities Board by the may be duplicated by registrants for Washington office of that Department. Each filing purposes, or copies may be ob­ MOTOR CARRIER TEMPORARY such shipper’s "statement, except those sub­ tained from the Securities and Exchange AUTHORITIES mitted by the Department of Defense must Commission. Copies duplicated must be contain a certification of its accuracy and Notice of Proposed Rule Making must be signed by the person (or an author­ on good quality unglazed, white paper ized representative thereof) having such im­ 8y2 x 11 inches in size, with approxi­ April 25,1969. mediate and urgent need for motor carrier mately %-inch left-hand margin. Notice of petition, filed April 1, 1969, service. for modification of § 1131.2(c) of the § 239.42 Form 836, Summary sheet for temporary authorities rules. Petitioners seek (1) deletion of the ex­ registration statement or an amend­ ceptions contained in said regulation re­ ment thereto, filed pursuant to Rule Petitioners: American Trucking As­ 404(f) (§ 230.404(f) of this chap­ sociations, Inc., 1616 P Street, NW., lating to the Department of Defense, ter) under the Securities Act of 1933 Washington, D.C. 20036; Ashworth and (2) amendment thereof so as to re­ for the registration of securities of Transfer, Inc., Bell Lines, Inc., C. I. quire that the supporting statements of an investment company registered Whitten Transfer Co., Consolidated the Department of Defense (a) must under the Investment Company Act Freightways, Garrett Freightlines, Inc., o f 1940. McLean Trucking Co., Merchants Fast accompany the application when it is filed at an appropriate field office, and This form shall be used as the blank Motor Lines, Inc., Roadway Express, fill-in form for the summary sheet re­ Smith Transfer Corp. of Staunton, Va., (b) must contain a certification of its quired to be filed pursuant to § 230.404 Southwestern Motor Transport, Inc., accuracy and must be signed by the per­ (f) of this chapter by each registrant as T.I.M.E.-D.C., Inc., Transcon Lines, Yel­ son, or an authorized representative an exhibit to each copy of a registration low Freight System, Inc., Texas-Okla- thereof, having such immediate and ur­ statement, and to each amendment homa Express, Inc. gent need for motor carrier service. thereto, filed under the Securities Act Petitioners representatives: Peter T. Any interested person desiring to par­ of 1933 for registration of securities of Beardsley, 1616 P Street NW., Washing­ an investment company registered under ton, D.C. 20036; William B. Adams, 624 ticipate, shall file an original and 15 the Investment Company Act of 1940 (15 Pacific Building, Portland, Oreg. 97204; copies of written representations, views, U.S.C. 80a-l et seq.). However, this form Joseph G. Dail, Jr., Federal Bar Build­ and arguments in support of or against need not be filed with a delaying ing, 1815 H Street NW., Washington, the petition on or before June 16, 1969. amendment made by telegram or letter pursuant to § 230.473 of this chapter, or D.C. 20006; Wentworth E. Griffin, Suite By the Commission. , with a request for withdrawal of a reg­ 812, Midland Building, 1221 Baltimore, [seal] H. N eil Garson, istration statement pursuant to § 230.477 Kansas City, Mo. 64105; Harry J. Jordan, Secretary. of this chapter. In the case of a post Solar Building, 1000 16th Street NW., [F.R. Doc. 69-5121; Filed, Apr. 30, 1969; effective amendment, the only purpose of Washington, D.C. 20036; Eugene T. Liip- 8:45 a.m.] which is to reduce the amount of securi­ fert, Suite 1100, 1660 L Street NW., ties registered to the amount sold, only items 1 through 7 need be completed. Washington, D.C. 20036; Ewell H. Muse, [4 9 CFR Part 13071 Jr., 415 Perry Brooks Building, Austin, Exact copies of this form may be dupli­ [Ex Parte No. MC-77] cated by registrants for filing purposes, Tex. 78701; John M. Records, 92d and or copies may be obtained from the State Line, Post Office Box 8462, Kansas RESTRICTIONS ON SERVICE BY Securities and Exchange Commission. City, Mo. 64114; Reagan Sayers, 304 Cen­ Mo t o r c o m m o n c a r r ier s Copies duplicated must be on good qual­ tury Life Building, Post Office Box 17007, Extension of Time ity unglazed, white paper 8 y2 x 11 Fort Worth, Tex. 76102; Keith E. Tay­ inches in size with approximately five- lor, Kearns Building, Salt Lake City, April 25,1969. eighths inch left-hand margin. Utah 84101; William O. Turney, 2001 At the request of interested persons (Secs. 7, 19(a), 48 Stat. 78, 85, 15 U.S.C. 77g, Massachusetts Avenue NW., Washington, the time for the filing of written state­ 77s(a); sec. 24(a), 54 Stat. 825, 15 U.S.C. D.C. 20036. ments of facts, views, and arguments 80a-24) Petitioners seek modification of the in the above-entitled proceeding has By the Commission. Commission’s rules of practice and pro­ been extended to June 16, 1969. [seal] Orval L. DtrBois, cedure relating to temporary authority By the Commission. Secretary. applications under section 210a (a) of the [seal] H. N eil Garson, April 10,1969. Interstate Commerce Act, 49 CFR Part Secretary. [F.R. Doc. 69-5167; Filed, Apr, 30, 1969; 1131, specifically § 1131.2(c) thereof, [F.R. Doc. 69-5224; Filed, Apr. 30, 1969; 8:46 a.m.] which reads in part: 8:51 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY , 1969 7178 Notices

land would be used for material sites [Serials Nos. N-667, N-964] DEPARTMENT OF THE TREASURY for the earthen filled dam, for relocation NEVADA of the Southern Pacific Railroad and Bureau of Customs for recreational development in con­ Notice of Public Sale CERAMIC WALL TILE FROM nection with the proposed facility. This withdrawal would be permanent, and April 23,1969. UNITED KINGDOM would be made subject to valid existing Under the provisions of the Public Antidumping Proceeding Notice rights. Land Sale Act of September 19, 1964 (78 For a period of 30 days from the date Stat. 988, 43 U.S.C. 1421-1427), 43 CFR April 23, 1969. of publication of this notice, all persons Subpart 2243, two parcels of land will be On February 27,1969, information was who wish to submit comment, sug­ offered to the highest bidder at a sale to received in proper form pursuant to gestions, or objections in connection with be held at 1:30 p.m., local time, on §§ 53.26 and 53.27, Customs Regulations the proposed withdrawal, may present Wednesday, June 11, 1969, at the Elko (19 CFR 53.26, 53.27) indicating a possi­ their views in writing to the undersigned District Office, Bureau of Land Manage­ bility that ceramic wall tile from the officer of the Bureau of Land Manage­ ment, 2002 Idaho Street, Elko, Nev. 89801. United Kingdom is being, or likely to ment, Department of the Interior, 3022 The lands are in section 1 of T. 47 N., be, sold at less than fair value within the Federal Building, Phoenix, Ariz. 85025. R. 64 E.r Mount Diablo Base and meaning of the Antidumping Act, 1921, If circumstances warrant it, a public Meridian; the parcels are described as as amended (19 U.S.C. 160(a) et seq.). hearing will be held at a convenient time follows: The information was submitted by and place, which will be announced. Howrey, Simon, Baker & Murchison, The determination of the Secretary on Serial Description Acres Appraised Washington, D.C. "the application will be published in the No. value There is evidence on record concerning F ederal R egister. A separate notice will injury to or likelihood of injury to or ■be sent to each interested party. .'N-667_SW&6W}¿NW}ÍSWJ¿, 10.0 $2,750 n ^ sw jín w j^s w jí, prevention of establishment of an in­ The lands involved in the application A nd SEJÍNWJÍNWJá dustry in the United States. are as follows: SWK- Having conducted a summary investi­ N-964-. íSWMNEKNEMSWJÍ, 7.6 $2,050 gation as required by § 53.29 of the Cus­ G ila and Salt R iver M eridian, Arizona WJáSEJ£NEJ¿SW}|. toms Regulations (19 CFR 53.29) and T. 20 S„ R. 21 E„ having determined as a result thereof Sec. 11, lots 1, 2, 3, and 4, and'E&; The publication costs to be assessed Sec. 14, lots 1, 2, 3, and 4 and EyjE%; are estimated at $6 for each parcel. that there are grounds for so doing, the Sec. 21 W%; Bureau of Customs is instituting an in­ Sec. 23, lots 1, 2, 3, and 4 and E^NE^; The lands will be sold subject to all quiry to verify the information submit­ Sec. 24; valid existing rights. Reservations will ted and to obtain the facts necessary to Sec. 25 lots 1, 2, 3, 4, 5, and 6, and be made to the United States for rights- enable the Secretary of the Treasury to swy4; of-way for ditches and canals in accord­ reach a determination as to the fact or Sec. 26, lots 1,2, 3, and 4; ance with the Act of August 30,1890 (26 likelihood of sales at less than fair value. Sec. 28, Wy2; Stat. 391; 43 U.S.C. 945). All minerals Sec. 29; are to be reserved to the United States A summary of information received Sec. 32; from all sources is as follows: The infor­ and withdrawn from appropriation under Sec. 33, W%. the public land laws, including the gen­ mation received tends to indicate that T. 21 S., R. 21 E„ the prices for home consumption are Sec. 3, W%SE%; eral mining laws. higher than the prices of the merchan­ Sec. 4, lots 2, 3, and 4, W]4SW%NE%, S% Bids may be made by a principal or his dise sold for exportation to the United NW%, Ni/2SW!4, SW&SW&, and W& agent, either at the sale, or by mail. States. NW%SE%; An agent must be prepared to establish This notice is published pursuant to sec. 9, wy2wy2NEi4, wy2, s %se]4, nw]4 the eligibility of his principal. Eligible § 53.30 of the Customs Regulations (19 SE%, and SW%NE%SEi4i purchasers are: (1) Any individual CFR 53.30). Sec. 10, SWy4SW>/4 and SW ^SE^SW ^; (other than an employee, or the spouse Sec. 12, sy2NEy4. of an employ ee, of the Department of the [seal] Lester D. J ohnson, T. 21 S., R. 22 E., Interior ) who is a citizen or otherwise a Commissioner of Customs. Sec. 5, lots 1 and 2, S%SE& and NWy4 SE%; national of the United States, or who has [F.R. Doc. 69-5202; FUed, Apr. 30, 1969; Sec. 9, sy2NWy4; declared his intention to become a citizen, 8:49 a.m.] Sec. 33, lot 1, NE]4, and Ey2NW^. aged 21 years or more; (2) any partner­ T. 22 S., R. 22 E., ship or association, each of the members Sec. 4, lots 11, 23 to 33, inclusive, lots 36, of which is an eligible purchaser, or (3) 39, 40, 45, 46, 50, 57, 59, 62, 63, 67, 68, any corporation organized under the 69, 70, 72, 73, 76, 77, lots 82 to 85, in­ laws of the United States, or any state- DEPARTMENT OF THE INTERIOR clusive, lots 87 to 90, inclusive, and lots Bureau of land Management 93 to 103, inclusive; thereof, authorized to hold title to real Sec. 9, lots 1, 2, 3, and 4, and E14NE14. property in Nevada. [A 3753] Bids must be for all the land in a The total areas described above aggre­ parcel. A bid for less than the appraised ARIZONA gate approximately 6,535.50 actes. The Dam and Reservoir are features of the value of the land is unacceptable. Bids Notice of Proposed Withdrawal and Central Arizona Project that have been sent by mail will be considered only if Reservation of Lands authorized for construction by Public received by the Elko District Office, Bu­ The Bureau of Reclamation, U.S. De­ Law 90-537 (Act of September 30, 1968, reau of Land Management, 2002 Idaho partment of the Interior, has filed an 82 Stat. 888), within Cochise County, Street, Elko, Nev. 89801, prior to 4 p.m., application, serial number A 3753, for Arizona. on Tuesday, June 10, 1969. Bids made withdrawal of lands from all forms of Dated: April 24,1969. prior to the public auction must be in entry or disposition including the mining sealed envelopes, and accompanied by but not the mineral leasing laws. R iley E. F oreman, The Bureau of Reclamation desires Acting State Director. certified checks, payable to the Bureau of these lands for the construction of the [F.R. Doe, 69-5162; Filed, Apr. 30, 1969; Land Management, for the full amount Charleston Dam and its reservoir. The 8:45 a.m.] of the bid plus estimated publication

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 NOTICES 7179^ costs, and by a certification of eligi­ thorized officer of the Bureau of Land mission under the authority of the Rec­ bility, defined in the preceding para­ Management will undertake such inves­ reation and Public Purposes Act. graph. The envelope must show the sale tigations as are necessary to determine Virgil O. S eiser, number and date of sale in the lower the existing and potential demand for Chief, Branch of Lands. left-hand comer: “Public Sale Bid, Sale the lands and their resources. He will N-667, June 11, 1969” or “Public Sale also undertake negotiations with the ap­ [F.R. Doc. 69-5165; Filed, Apr. 30, 1969; Bid, Sale N-964, June 11,1969”. plicant agency with the view of adjusting 8:46 a.m.] The authorized officer shall publicly the application to reduce the area to the. declare the highest qualifying sealed bid minimum essential to meet the appli­ received. Oral bids shall then be invited cant’s needs, to provide for the maximum National Park Service in specified increments. After oral bids, concurrent utilization of the lands for SHENANDOAH NATIONAL PARK if any, are received, the authorized of­ purposes other than the applicant’s, to ficer shall declare the high bid. A suc­ eliminate lands needed for purposes Notice of Intention To Issue cessful oral bidder must submit a guar­ more essential than the applicant’s, and Concession Permit anteed remittance, in full payment for to reach agreement on the concurrent the parcel and cost of publication, be­ management of the lands and their Pursuant to the provisions of section fore 4 p.m. of the day of the sale. resources. 5 of the Act of October 9, 1965 (79 Stat. If no bids are received for a sale par­ The authorized officer will also prepare 969; 16 U.S.C. 20), public notice is here­ cel on Wednesday, June 11, 1969, the a report for consideration by the Secre­ by given that thirty (30) days after the parcel will be reoffered on the first tary of the Interior who will determine date of publication of this notice, the Wednesday of subsequent months at 1:30 whether or not the lands will be with­ Department of the Interior, through the p.m„ beginning July 2, 1969. drawn as requested by the applicant Superintendent, Shenandoah National Any adverse claimants to the above- agency. Park, proposes to issue a Concession per­ The determination of the Secretary on mit to Virginia Stage Lines, Inc., au­ described lands should file their claims, thorizing it to provide bus services for or objections, with the undersigned be­ the application will be published in the the public at Shenandoah National fore tiie time designated for sale. F ederal R egister. A separate notice will The lands described in this notice have be sent to each interested party of Park, for a period of approximately 4 been segregated from all forms of ap­ record- months, from June 22,1969, through Oc­ propriation, including locations under If circumstances warrant, a public tober 19, 1969. the general mining laws, except for sale hearing will be held at a convenient time The foregoing concessioner has per­ under this Act, from the date of nota­ and place, which will be announced. formed its obligations under a previous tion of the proposed classification deci­ The lands involved in the application permit to the satisfaction of the Na­ sion. Inquiries concerning this sale are: tional Park Service, and therefore, pur­ should be addressed to the Land Office M o u n t Diablo Meridian suant to the Act cited above, is entitled Manager, Bureau of Land Management, T. 26 N„ R. 57 E., to be given preference in the issuance of Room 3008, Federal Building, 300 Booth Sec. 14, NWi4SWy4; a new permit. However, under the Act Street, Reno, Nev. 89502, or to the Dis­ Sec. 22, SE%SE%; cited above, the Secretary is also required trict Manager, Bureau of Land Manage­ Sec. 27, Ei4NE%; to consider and evaluate all proposals ment, 2002 Idaho Street, Elko, Nev. Sec. 34, Wi/2E%. received as a result of this notice. Any T 27 N., R. 57 E. (partially unsurveyed) proposal to be considered and evaluated 89801. Sec. 24, Ni/2SEi4, SW ^SE^. R olla E. Chandler, must be submitted within thirty (30) Manager, Nevada Land Office. The areas described aggregate ap­ days after the date of publication of this notice. [F.R. Doc. 69-5163; Filed, Apr. 30, 1969; proximately 440 acres. 8:46 a.m.] Interested parties should contact the R olla E. Chandler, Superintendent, Shenandoah National Land Office Manager. Park, Luray, Va. 22835, for information [N—3756] [F.R. Doc. 69-5164; Filed, Apr. 30, 1969; as to the requirements of the proposed 8:46 a.m.] permit. NEVADA Dated: April 10, 1969. Notice of Proposed Withdrawal and WASHINGTON Reservation of Lands R. Taylor H oskins, Notice of Filing of Plat Superintendent, April 24, 1969. Shenandoah National Park. The Bureau of Sport Fisheries and April 25, 1969. [F.R. Doc. 69-5166; Filed, Apr. 30, 1969; Wildlife has filed the above application 1. Plat of survey of the land described 8:46 a.m.] for the withdrawal of the lands described below will be officially filed in the Land below, from all forms of appropriation Office, Portland, Oreg., effective at 10 under the public land laws, including the a.m., May 31, 1969. mining laws (30 U.S.C., Ch. 2) , but not W illam ette Meridian from leasing under the mineral leasing DEPARTMENT OF HEALTH, EDU­ laws. T. 37 N„ R. 2 W., Sec. 1, lot 1; CATION, AND WELFARE The applicant desires the land for the Sec. 16, lot 5. management of migratory birds and Food and Drug Administration other wildlife as a part of the Ruby Lake The area described aggregates 0.96 National Wildlife Refuge. acres of public land. CHEMAGRO CORP. For a period of 30 days from the date 2. The land described as lot 1, sec. 1 is of publication of this notice, all persons on the most easterly main rock of Parker Notice of Filing of Petition Regarding who wish to submit comments, sugges­ Reef, at an elevation of 6 feet above sea Pesticide Chemicals tions, or objections in connection with level; all covered or awash at high tide. Pursuant to the provisions of the Fed­ the proposed withdrawal may present The land described as lot 5, sec. 16 is eral Food, Drug, and Cosmetic Act (sec. their views in writing to the undersigned named Freeman Island, and raises to an officer of the Bureau of Land Manage­ elevation of 30 feet at its highest point, 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a ment, Department of the Interior, Room and is covered with a moderate growth (d) (1)), notice is given that a petition 3008 Federal Building, 300 Booth Street, of fir, juniper, madrone timber, low (PP 9F0818) has been filed by Chema­ Reno, Nev. 89502. brush, and grasses. gro Corp., Post Office Box 4913, Kansas The Department's regulations (43 3. The land is under lease to Wash­ City, Mo. 64120, proposing the establish­ CFR 2311.1-3 (c)), provide that the au­ ington State Parks and Recreation Com- ment of tolerances (21 CFR Part 120).

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 7180 NOTICES for residues of the insecticide and fungi­ Co., Post Office Box 2180, Houston, Tex. tion 108(d) (1) (A) of the Clean Air Act, cide 6-methy 1-2,3-quinoxalinedithiol cy­ 77001, has withdrawn its petition (FAP as amended (42 U.S.C. 1857d(d) (1) (A)), clic S,S - dithiocarbonate in or on raw 7B2168), notice of which was published that a conference be called regarding air agricultural commodities as follows: in the F ederal R e g is t e r of June 6, 1967 pollution originating in the State of Ohio Strawberries at 6 parts per million; pa­ (32 F.R. 8098), proposing an amend­ which is alleged to endanger the health payas at 5 parts per million; apricots, ment to § 121.2526 Components of paper or welfare of persons in the State of West nectarines, and peaches at 4 parts per and paperboard in contact with aqueous Virginia, and million; cherries at 3 parts per million; and fatty foods to provide for additional Whereas, the Governor of the State alfalfa hay, citrus, and grapes at 2.5 safe use of petroleum alicyclic hydro­ of West Virginia and the State air pollu­ parts per million; apples, cantaloups, carbon resins as modifiers in wax-poly­ tion control agency for the State of West honeydew melons, muskmelons, pears, mer blend coatings for corrugated paper- Virginia have concurred in said request. and summer squash at 1.5 parts per mil­ board containers intended for use, under Now, therefore, pursuant to section lion; plums (fresh prunes) at 1 part per conditions of refrigerated or frozen stor­ 108(d) (1) (A) of the Clean Air Act, as million; cucumbers, watermelons, and age, in bulk packaging of meat, fish, poul­ amended, I hereby give formal notifica­ winter squash at 0.75 part per million; try, and foods of types I, VH, VIII, and tion of the air pollution described above alfalfa (green) at 0.6 part per million; IX described in table 1 of § 121.2526(c). to, and call a conference of, the air and walnuts at 0.1 part per million. Dated: April 24,1969. pollution control agencies of the The analytical method proposed in the following: J. K. K irk, petition for determining residues of the State of Ohio (Ohio Air Pollution Control pesticide is a gas chromatographic pro­ Associate Commissioner Board). cedure utilizing an electron-capture de­ for Compliance. State of West Virginia (West Virginia Air tection system. [F.R, Doc. 69-5160; Filed, Apr. 30, 1969; Pollution Control Commission). Dated: April 23,1969. 8:45 a.m.] All the following municipalities as de­ fined in section-302(f) of the Clean Air R. E. D uggan, Acting Associate Commissioner o-ISOPROPOXYPHENYL Act, as amended (42 U.S.C. 1857h(f)): for Compliance. METHYLCARBAMATE In the State of Ohio: Jefferson County; Knox Township, Jefferson County, and munici­ [F.R. Doc. 69-5158; Filed, Apr. 30, 1969; Notice of Establishment of Temporary palities located within Knox Township. 8:45 ajn.] In the State of West Virginia: City of New Tolerance for Pesticide Chemical Cumberland. FMC CORP. On the basis of a petition from the Mr. William H. Megonnell is hereby Chemagro Corp., Post Office Box 4913, designated as presiding officer of the con­ Notice of Filing of Petition Regarding Kansas City, Mo. 64120, a temporary tol­ ference, and Mr. Donald F. Walters is Pesticide Chemicals erance is established for residues of o- hereby designated as the official confer­ isopropoxyphenyl methylcarbamate in or ence participant for the Department of Pursuant to the provisions of the Fed­ on straws of barley, oats, and wheat at 1 Health, Education, and Welfare. The pre­ eral Food, Drug, and Cosmetic Act (sec. part per million and grains of barley, 408(d)(1), 68 Stat. 512; 21 UJS.C. 346a siding officer will fix the date, time and oats, and wheat at 0.5 part per million. place for convening the conference after (d) (1)), notice, is given that a petition The Commissioner of Food and Drugs has (PP 9F0822) has been filed by FMC consultation with representatives of the determined that this temporary tolerance air pollution control agencies of the Coip., Niagara Chemical Div., Middle- is safe and will protect the public health. States of Ohio and West Virginia. port, N.Y. 14105, proposing the establish­ A condition under which this tempo­ ment of tolerances (21 CFR 120.254) for rary tolerance is established is that the Dated: April 24, 1969. combined residues of the insecticide insecticide will be used in accordance J ohn T. Middleton, carbofuran (2,3-dihydro-2,2-dimethyl-7- with the temporary permit issued by the Commissioner. benzofuranyl 2V-methylcarbamate) and U.S. Department of Agriculture. Dis­ its metabolite 2,3-dihydro-2,2-dimethyl- [F.R. Doc, 69-5188; Filed, Apr. 30, 1969; tribution will be under the Chemagro 8:48 am .] 3 -hydroxy- 7-benzofuranyl N-methylcar­ Corp. name. bamate in or on the raw agricultural commodities rice and rice straw at 0.2 This temporary tolerance expires on part per million. April 23, 1970. Thé analytical method proposed in the This action is taken pursuant to the DEPARTMENT OF petition for determining residues of the provisions of the Federal Food, Drug, insecticide and its metabolite is a micro- and Cosmetic Act (sec. 408(j), 68 Stat. TRANSPORTATION coulometric gas chromatographic tech­ 516; 21 U.S.C. 346a(j) ) and under the nique with a nitrogen detector cell. authority delegated to the Commissioner Federal Aviation Administration (21 CFR 2.120). Dated: April 23,1969. KENAI AREA OFFICE, ALASKA Dated: April 23, 1969. R. E. D uggan, Notice of Closings Acting Associate Commissioner R. E. D uggan, for Compliance. Acting Associate Commissioner Notice is hereby given that on or about for Compliance. May 1, 1969, the Kenai Area is merged [F.R. Doc. 69-5159; Filed,-Apr. 30, 1969; with the Anchorage Area and the Area 8:45 a.m.] [F.R. Doc. 69-5161; Filed, Apr. 30, 1969; 8:45 a.m.] Office located at Kenai, Alaska, will be closed. Services to the public formerly HUMBLE OIL & REFINING CO. provided by the Kenai Area Office will be Office of the Secretary provided by the Anchorage Area Office, Notice of Withdrawal of Petition for 632 Sixth Avenue, Anchorage, Alaska Food Additives INTERSTATE AIR POLLUTION IN NEW 99501. CUM BERLAND, W. VA.-KNOX Notice is also given that on or about Pursuant to the provisions of the Fed­ TOWNSHIP, OHIO, AREA May 1, 1969, that portion of the Cordova eral Food, Drug, and Cosmetic Act (sec. Area east of a southward extension of the 409(b), 72 Stat. 1786; 2l U.S.C. 348(b)), Notice of Conference of Air Pollution Alaska-Yukon Territory boundary line the following notice is issued: Control Agencies will be merged with the Juneau Area and In accordance with § 121.52 With- the Area Office at Cordova, Alaska, will drawal of petitions without prejudice of Whereas, the Common Council of the be closed. Services formerly provided by the procedural food additive regulations City of New Cumberland, W. Va., has the Cordova Area Office to the public for <21 CFR 121.52), Humble Oil & Refining made a written request pursuant to sec­ the area described immediately above

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 NOTICES 7181 will be provided by the Juneau Area Of­ The above information will be reflected Service mail rates for transatlantic fice, Federal Building, Post Office Box in the FAA Organizational Statement the and transpacific priority mail, Docket 1647, Juneau, Alaska 99801. Services to next time it is reissued. * 18078; Latin American service mail rate the public formerly provided by the Cor­ (Sec. 313(a), 72 Stat. 752; 49 U.S.C. 1354) proceeding, Docket 15381; Latin Amer­ dova Area Office foT that portion of the ican service mail rate for priority mail, Cordova Area west of a southward ex­ Issued in Anchorage, Alaska, on Docket 20415. April 21, 1969. - By application filed December 26, tension of the Alaska-Yukon Territory Lyle K. B rown, 1968, the Postmaster General (Post Office boundary line will be provided by the Director, Alaskan Region. Department) requests of the Board an Anchorage Area Office, 632 Sixth Avenue, [F.R. Doc. 69—5186; Filed, Apr. 30, 1969; order adopting mileages attached to his Anchorage, Alaska 99501. 8:48 a.m.] application as standard mileages for computation of mail payments for the t>airs of points involved. The requested standard mileages are DEPARTMENT OF AGRICULTURE indicated to be based upon the nonstop Packers and Stockyards Administration mileages as compiled by the Board, with the nonstop mileages selected only for ANDALUSIA LIVESTOCK AUCTION ET AL. those pair of points for which nonstop service is actually available. Notice of Changes in Names of Posted Stockyards In support of its application Post Office It has been ascertained, and notice is hereby given, that the names of the livestock Department points out that its proposed markets referred to herein, which were posted on the respective dates specified new basis provides truly standard miles below as being subject to the provisions of the Packers and Stockyards Act, 1921, in that each is standard for the pair of as amended (7 U.S.C. 181 et seq.), have been changed as indicated below. points involved, irrespective of the car­ Original name of stockyard, location, Current name of stockyard and rier providing the transportation, and and date of posting date of change in name that it adheres to the principle of the Alabama like pay for like service upheld by the Board and followed by the carriers in Andalusia Livestock Auction, Andalusia, May 19, Covington Livestock Auction, Inc., their passenger fares and freight rates. 1959. Mar. 21,1969. C olorado Post Office Department also indicates it is agreeable to an adjustment of the Greeley Livestock Commission Co., Greeley, May 23, Sunset Livestock Commission Co., transatlantic and transpacific mail rates 1957. Feb.19,1969. "to the degree deemed necessary and K ansas appropriate by the Board to permit the Weaver & Dunn Live Stock Auction Co., Syracuse, Syracuse Sale Company, Mar. 1, 1969. adoption of the standard mileages pro­ Apr. 13,1950. posed.” It also indicates that it will O klahom a present its case in the open Latin Amer­ Locust Grove Sale, Locust Grove, May 1, 1959------Locust Grove Sale Co., Inc., Dec. 1, 1968. ica priority mail case1 on the basis of the Pawnee Livestock Marketing Center, Pawnee, Pawnee Livestock Marketing Center, proposed standard mileages.2 Apr. 27,1959. Inc., Nov. 6,1968. On February 14, 1969, Post Office De­ Tulsa Cow Palace, Inc., Tulsa, Dec. 7, 1965------Tulsa Agriculture Center, Inc., d/b/a partment filed Motion for Leave to Tulsa Cow Palace, Oct. 1,1968. Amend Application for Revised Mileages2 Done at Washington, D.C., this 23d day of April 1969'. in order to reflect a different airport at Colombo, Ceylon; substitute TWA’s G. H. H opper, Chief, Registrations, Bonds, and Reports shorter mileage between Dar es Salaam, Branch, Livestock Marketing Division. Tanzania and JFK for that of Pan Amer­ ican; and to expand the mileage table [F.R. Doc. 69-5192; Filed, Apr. 30, 1969; 8:48 a.m.] to include additional mileage provided by TWA applicable to European, African, It is hereby ordered, That the latest and Asian points, indicated to represent ATOMIC ENERGY COMMISSION completion date is extended to Septem­ primarily the movement of military mail ber 1, 1969. between foreign points. [Docket No. 50-220] The Board’s orders establishing the Date of issuance: April 24, 1969. foreign mail rates provide that changes NIAGARA MOHAWK POWER CORP. For the Atomic Energy Commission. may be made in the standard mileages Order Extending Completion Date when new points are involved or once P eter A. Morris, each fiscal year to be effective July 1 of Niagara Mohawk Power Corp. having Director, such fiscal year. Such revisions may be filed a request dated March 17, 1969 for Division of Reactor Licensing. instituted by the Board, any carrier sub­ an extension of the latest completion [F.R. Doc. 69-5153; Filed, Apr. 30, 1969; ject to the mail rate order, and the Post­ 8:45 a.m.] master General. The orders state that date specified in Provisional Construc­ applications to the Board for standard tion Permit No. CPPR-16 for construc­ mileage revisions will not be regarded as tion of a 1538 megawatt (thermal) single reopening the rate. cycle, boiling water nuclear reactor at CIVIL AERONAUTICS BOARD The orders also provide that, in estab­ Nine Mile Point on the shore of Lake On­ lishing standard mileages to a new point, [Docket No. 18078, etc.; Order 69- 4 124] tario in the Town of Scriba, N.Y., and SERVICE MAIL RATES 1 Docket 20415. good cause having been shown for ex­ 2 Poet Office Department anticipates that tension of said date pursuant to section Order To Show Cause the Board will prescribe the rate on the basis 185 of the Atomic Energy Act of 1954, as of the proposed mileages and, therefore, it Adopted by the Civil Aeronautics “sees no problem of yield in connection with amended, and § 50.55 of the Commis­ Board at its office in Washington, D.C* their adoption at the present time.” sion’s regulations: on the 28th day of April 1969. 8 Motion to amend is hereby granted.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 No. 83----- 9 7182 NOTICES the Board will consider the routing of pendices to this order. These mileages short of a final decision by the Board, flights to such point and the number of appear to be consistent with the prin­ and the Board may enter an order fixing flights required by the postal service. In ciples and criteria prescribed in current the rates and incorporating the findings connection with the fiscal year revisions, rate orders. and conclusions specified in the order. the orders explicitly provide that the Based upon the foregoing considera­ 5. If notice of objection and answer Board will consider the effect of changes tions, the Board tentatively finds and are filed, the issues shall be limited to in airport locations, mail flow, and flight concludes that effective July 1, 1968: those specifically raised by the answer routings reflected in the carriers’ general (1) Order 68-9-9, September 4, 1968, except as provided in Rule 307 of the schedules during the first 7 days of May should be amended to delete Appendix rules of practice. immediately preceding the July 1 ef­ A thereto and substitute in lieu thereof 6. This order shall be served on all fective date of such revisions. a new Appendix A, attached to the in­ interested parties hi Dockets 18078,15381, On January 17, 1969, Northwest, Pan stant order to show cause, providing re­ 20415. American, and TWA filed answers in vised standard mileages for carriage of This order will be published in the opposition. All indicate, that their accep­ U.S. mail by air in transatlantic and F ederal R e g is t e r . tance of the rates in the Transatlantic transpacific services. and Transpacific Mail Rate Case4 as­ (2) Order 68-9-8, September 4, 1968, By the Civil Aeronautics Board. sumed revenues, which now would be should be amended to provide that for [ se a l ] H arold R. S a n d e r so n , reduced if Post Office Department’s military mail transported between San Secretary. standard mileage revisions are adopted. Francisco, Portland, or Seattle and [F.R. Doc. 69-5204; Filed, Apr. 30, 1969; The three carriers also allege various in­ Tokyo; the mail ton-miles shall be com­ 8:49 am .] adequacies, complexities, or problems puted on the basis of standard mileage with a rate adjustment as proposed by of 4,865 in lieu of 4,843. Post Office Department to compensate (3) Order E-23916, July 7,1966, should [Docket No. 18650; Order 69-4-112] for the impact of the conversion from the be amended to delete Appendix A thereto present basis to the proposed nonstop and substitute in lieu thereof a new Ap­ INTERNATIONAL AIR TRANSPORT mileage basis. pendix A,6 attached to the instant order ASSOCIATION Regarding the principle of like pay to show cause, providing revised stand­ Order Regarding Specific Commodity for like service, each of the carriers ard mileages for carriage of U.S. mail Rates claims that this result is now achieved by air in Latin America service. on competitive segments through opera­ Accordingly, pursuant to the Federal Issued under delegated authority tion of the rate equalization proviso in Aviation Act of 1958 and particularly April 25, 1969. the current mail rate orders! sections 204(a) and 406 thereof , and pur­ Agreement adopted by Traffic Confer­ We have decided to deny Post Office suant to the regulations promulgated in ence 1 of the International Air Trans­ Department’s request, which does not 14 CFR, Part 302: port Association relating to specific com­ conform to the criteria prescribed for It is ordered, That: modity rates, Docket No. 18650, Agree­ revision of standard mileages by the 1. The application of the Postmaster ment CAB 20806, R—8 through R-14. Board in the current service mail rate General, filed December 26, 1968, is de­ An agreement has been filed with the orders applicable to foreign routes, until nied, without prejudice. Board pursuant to section 412(a) of the such time as Post Office Department can 2. All interested parties in Dockets Federal Aviation Act of 1958 (the Act) show and we can evaluate the effect, 18078, 15381, and 20415 are directed to and Part 261 of the Board’s economic if any, that its proposed revised mileages show cause why the Board should not regulations, between various air car­ would have on the carriers. Post Office adopt the foregoing findings and conclu­ riers, foreign air carriers, and other car­ Department states that it is not seeking sions and, effective July 1, 1968, fix the riers, embodied in the resolution of Traf­ to reduce mail compensation under cur­ revised standard^ mileages for carriage fic Conference 1 of the International Air rent rate orders and concedes that it of U.S. mail by air as follows: Transport Association (IATA), and would not object to some rate adjustment a. As set forth in new Appendix A to adopted pursuant to the provisions of deemed necessary and appropriate by the Order 68-9-9, September 4, 1968, at­ Resolution 590 dealing with specific com­ Board to permit the adoption of the pro­ tached to the instant order to show modity rates. posed standard mileages. There is no cause, providing revised standard mile­ The agreement, adopted pursuant to indication, however, of what this rate ad­ ages in transatlantic and transpacific unprotested notices to the carriers, and justment should be and we are concerned services. promulgated in an IATA letter dated with the inequities that could result. b. As set forth in new Appendix A to March 14,1969, names additional specific Order E-23916, July 7, 1966, attached to commodity rates, as set forth in the at­ Northwest in its answer requests that tachment hereto,1 which reflect signifi­ the Board adopt mileages provided by the the instant order to show cause, provid­ carrier and urges prompt action because ing revised standard mileages in Latin cant reductions from the general cargo America services. rates. it cannot submit final billings to Post Pursuant to authority duly delegated Office Department for mail carried sub­ c. For military mail transported be­ by the Board in the Board’s regulations, sequent to June 30, 1968, absent a mile­ tween San Francisco, Portland, or Seat­ 14 CFR 385.14, it tentatively is not found age determination. Pan American urges tle, and Tokyo, 4,865 miles. that the subject agreement is adverse to that final resolution of the matter is 3. Further procedures herein shall be the public interest or in violation of the possible since all major carriers have in accordance with the rules of practice, Act, provided that tentative approval already furnished revised mileages com­ 14 CFR Part 302, and, if there is any thereof is conditioned as hereinafter puted on the existing basis that would objection to the rates or to the other ordered. be applicable July 1,1968.® findings and conclusions specified in the Accordingly, It is ordered, That: We are issuing an order to show cause order, notice thereof shall be filed within Action on Agreement CAB 20806, R^8 proposing to make effective as of July 1, 10 days, and, if notice is filed, written through R-14, be and hereby is deferred 1968, the current mileages or revised answer and supporting documents shall with a view toward eventual approval, mileages advanced by the carriers in the be filed within 30 days after the date of provided that approval shall not consti­ instant proceeding and attached as ap- service of this order. tute approval of the specific commodity 4. If notice of objection is not filed descriptions contained therein for pur­ -* Order 68-9-9, Sept. 4, 1968. within 10 days, or if notice is filed and poses of tariff publication. 5 Post Office Department preceding its peti­ answer is not filed within 30 days after Persons entitled to petition the Board tion, had by letters dated July 10, 1968, and service of this order, all persons shall for review of this order, pursuant to the August 23, 1968, proposed revised mileages be deemed to have waived the right to a and served a table of revised mileages on the hearing, and all other procedural steps Board’s regulations, 14 CFR 385.50, may, interested carriers. Northwest, Pan American, within 10 days after the date of service of and TWA responded with modifications and "corrections”. « Filed as part of the original document. 1 Filed as part of the original document.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 NOTICES 7185 this order, file such petitions in support This order will be published in the tendered for filing by whichever date is of or in opposition to our proposed action F ederal R e g is t e r . earlier: (a) The close of business 1 busi­ ness day preceding the day on which the herein. [ se a l ] H arold R . S a n d e r so n , This order will be published in the Secretary. Commission takes action on the pre­ viously filed application; or (b) within F ederal R e g is t e r . [FR. Doc. 69-5206; Filed, Apr. 30, 1969; 60 days after the date of the public [ se a l ] H arold R . S a n d e r so n , 8:49 a.m.] notice listing the first prior filed applica­ Secretary. tion (with which subsequent applica­ [F.R. Doc. 69-5205; Filed, Apr. 30, 1969; tions are in conflict) as having been 8:49 a.m.] accepted for filing. An application which FEDERAL COMMUNICATIONS is subsequently amended by a major change will be considered to be a newly [Docket No. 18650; Order 69-4r-116] COMMISSION filed application. It is to be noted that the cutoff dates are set forth in the al­ INTERNATIONAL AIR TRANSPORT [Report 437] ASSOCIATION ternative—applications will be entitled COMMON CARRIER SERVICES to consideration with those listed in the Order Regarding Specific Commodify INFORMATION 1 appendix if filed by the end of the 60- Rates day period, only if the Commission has Domestic Public Radio Seiyices Appli­ not acted upon the application by that Issued under delegated authority cations Accepted for Filing 2 time pursuant to the first alternative April 25, 1969. 4, earlier date. The mutual exclusivity Agreement adopted by the Joint Con­ April 28, 1969. rights of a new application are governed ferences of the International Air Trans­ Pursuant to §§ 1.227(b) (3) and by the earliest action with respect to any port Association relating to specific com­ 21.26(b) of the Commission’s rules, an one of the earlier filed conflicting modity rates Docket 18650, Agreement application, in order to be considered applications. CAB 20745, R^61 and R-62. with any domestic public radio services The attention of any party in interest An agreement has been filed with the application appearing on the attached desiring to file pleadings pursuant to sec­ Board pursuant to section 412(a) of the list, must be substantially complete and tion 309 of the Communications Act of Federal Aviation Act of 1958 (the Act) 1934, as amended, concerning any and Part 261 of the Board’s economic 1 All applications listed In the appendix are domestic public radio services applica­ regulations, between various air carriers, subject to further consideration and review tion accepted for filing, is directed to foreign air carriers and other carriers, and may be returned and/or dismissed if not § 21.27 of the Commission’s rules for pro­ embodied in the resolutions of the Joint found to be in accordance with the visions governing the time for filing and Conferences of the International Air Commission’s rules, regulations, and other other requirements relating to such Transport Association (IATA), and requirements. adopted pursuant to the provisions of »The above alternative cutoff rules apply pleadings. to those applications listed in the appendix Resolution 590 dealing with specific com­ as having been accepted in Domestic Public F ederal C ommunications modity rates. Land Mobile Radio, Rural Radio, Polnt-to- C o m m is s io n , The agreement, adopted pursuant to Foint Microwave Radio, and Local Television [ s e a l ] B e n F . W a p l e , unprotested notices to the carriers and Transmission Services (Part 21 of the rules). Secretary. promulgated in an IATA letter dated April 10, 1969, names additional specific Appendix commodity rates, as set forth below, Applications Accepted for F il in g which reflect significant reductions from DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE the general commodity rates. File No.; applicant; call sign; and nature of application R-61: Commodity Item 1197—Game Skins, 210 6122— C2—P-69—Nevada Telephone-Telegraph Co.; (New); C.P. for a new 2-way station to cents per kg., minimum weight 500 kgs., be located at Mount Brock, approximately. 1 mile south of Tonopah, Nev., to operate on Beira/Lourenco to New York. frequency 152.63 MHz. R-62; 6123— C2—P—69—Telephone Answering Service; (New); C.P. for a new 1-way station to be Commodity Item 1563—Cigarettes, Cigars located at 5727 Tokay Boulevard, Madison, Wis., to operate on frequency 152.24 MHz. and Tobacco, 55 cents per kg., minimum 6124— C2—TC—69—Kalama Telephone Co.; (KOP330); Consent to transfer of control from weight 500 kgs., Shannon to New York. Darrel W. Coffey, Transferor, to: Ronald M. Coffey, Transferee. 6168-C2—P—69—General Telephone Co. of Ohio; (New); C.P. for a new 2-way station to be Pursuant to authority duly delegated located at 550 Leader Street, Marion, Ohio, to operate on frequency 152.75 MHz. by the Board in the Board’s regulations, 6174- C2—P-69—Smith Communications Service; (KGA25Q); C.P. to install an additional 14 CFR 385.14, it tentatively is not found channel to operate on base frequency 454.075 MHz at a site to be described as location that the subject agreement is adverse to No. 2: Investment Building, Towson, Md. the public interest or in violation of the 6175— C2—TC—69—Cascade Telephone Co., Snoqualmie, Wash.; (KOP320); Consent to trans­ Act, provided that tentative approval fer of control from B. Lamar Gaines, George S. Gaines, B. Lamar Gaines, and George S. thereof is conditioned as hereinafter Gaines as executors of the Estate of Donna E. Gaines, J. Kenneth Troian, John Kenneth ordered. Troian, J. Kenneth Troian as Trustee for Mark Daniel Troian, J. Kenneth Troian, Accordingly, it is ordered, That: . Trustee for Lesli Ann Troian, Transferors, to: Telephone Utilities, Inc., Transferee. Action on Agreement CAB 20745, Rr-61 6236-C2-P-(3)-69—American Radio-Telephone Service, Inc.; (New);,C.P. for a new 2-way station to be located at WFMM Tower, north of U.S. No. 40, on Rolling Road, Catons- and R-62, be and hereby is deferred with ville, Md., to operate on base frequencies 454.025, 454.150, and 454.250 MHz. a view toward eventual approval, pro­ 6240- C2-P-60—Lafourche Telephone Co., Inc.;, (New); C.P. for a new 1-way station to be vided that approval shall not constitute located at 50 Rodrique Street, Larose, La., to operate on frequency 152.84 MHz. approval of the specific commodity de­ 6241- C2-P-69—RMD Electronics Inc.; (New); C.P. for a new 2-way station to be located scriptions contained therein for purposes at 1960 Lincoln Park West, Chicago, HI., to operate on base frequency 454.025 MHz. of tariff publication. 6255— C2—P—69—Carpenter Radio Co.; (New); C.P. for a new 1-way station to be located at Persons entitled to petition the Board 607 West High Street, Lima, Ohio, to operate on frequency 152.24 MHz. for review of this order, pursuant to the 6256— C2-P-(2) 69—Industrial Communications Systems, Inc.; (KMD990); CF. to add a second Board’s regulations, 14 CFR 385.50, may, channel on base frequency 454.175 MHz at location No. 1: End of Silverdo Canyon Road, within 10 days after the date of service Santiago Peak, Calif., and location No. 3: Verdugo Peak, Calif. of this order, file such petitions in sup­ 6257— C2-P—69—Professional, Administrative Services, Inc.; (KIG300); C.P. to relocate 1-way port of or in opposition to our proposed facilities operating on frequency 43.58 MHz to the First National Bank Building, 2 action herein. Peachtree Street, Atlanta, Ga.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 7184 DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE— C o n tin u e d . POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIERS)— C o n ti n u e d 6258—C2—P—(5) 69—R. O. Deaderick Co.; (KCI308); O.P. to relocate facilities at location 6171— Cl—MP—69—New England Telephone & Telegraph Co.; (KZI59); Modification of C.P. No. 1 to: WBIR TV Tower, Knoxville, Tenn., operating on base frequency 152.03 MHz; to change frequency from 5997.1 MHz to 11,305 MHz and add frequencies 6034.2 and 6152.8 repeater frequency 459.30 MHz and add repeater frequency 459.25 MHz. Location No. 2: MTTv. toward Manchester, N.H., and add frequencies 6034.2 and 6152.8 MHz toward 423 Depot Street, Knoxville, Tenn., reorient control antenna operating on 454.30 MHz Springfield, N.H., a); station located at 1 mile north of Dunbarton, N.H. and add a control channel on 454.25 MHz. 6172— C1—P-69—New England Telephone & Telegraph Co.; (New); C.P. for a new fixed station 6263- C2-P-(2)69—Florida Telephone Corp.; (New); C.P. for a new 2-way station to be to be located on Oak Hill, 1 mile northwest of Little Sunapee Lake, Springfield, N.H., to located at Fifth Street, Windermere, Fla., to operate on frequencies 152.54 and 152.60 operate on frequencies 6286.2 and 6404.8 MHz toward Dunbarton, N.H., and Enfield, N.H. MHz. 6173— C1—P—69—New England Telephone & Telegraph Co.; (New); C.P. for a new fixed station 6264- C2-ML-(2)69—Berkshire Radio Dispatch; (KCA237); Modification of license to change to be located at 1 mile northeast of West Lebanon, N.H., to operate on frequencies 6286.2 and 6404.8 MHz toward Enfield, N.H. the base frequency from 152.09 to 152.18 MHz at location No. 1: 24 Fasce Place, Pittsfield, 6176- C1-P-69—Southwestern Bell Telephone Co.; (KLV29); C.P. to replace transmitters op­ Mass., and location No. 2: On Washington Mountain, Washington Road, Berkshire, erating on 5989.6 and 6108.3 MHz toward Amarillo, Tex.; change the antenna system and Mass. All other terms of the existing license to remain the same. relocate facilities to 10th and Jackson Streets, Amarillo, Tex. 6265- C2-P-(2)69—Cameron Telephone Co.; (KK0357); C.P. to add a second channel on 6177— Cl—P—69—Southwestern Bell Telephone Co.; (KLV30); C.P. to change the point of com­ base frequency 152.81 MHz and relocate present facilities operating 152.69 MHz to 0.2 munication to Amarillo Junction, Tex., on frequencies 6241.7 and 6360.4 MHz at station mile north of State Highway No. 82 and 1.3 miles east of Cameron, La. located at 24 miles north of Amarillo, Tex. 6274— C2—AL-69—Pioneer Telephone Co. of Carver County; (KFL881); Consent to assignment 6237— Cl—P—69—The Pacific Telephone & Telegraph Co.; (KMJ79); C.P. to change frequencies of license from Pioneer Telephone Co. of Carver County, Assignor, to: Pioneer-United from 6135 and 6375 MHz to 6189.8 and 6338.1 MHz toward Borrego, Calif., and replace the Telephone Co., Assignee. transmitters operating on same, at station located at Mount Laguna, Calif. 6275— C2-AL-69—Pioneer Telephone Co. of McLeod County; (KFL890); Consent to as­ 6238- C1-P-69—The Pacific Telephone & Telegraph Co.; (KMN97); C.P. to change frequencies signment of license from Pioneer Telephone Co. of McLeod County, Assignor, to: from 6015 and 6255 MHz to 5937.8 and 6056.4 MHz toward Mount Laguna, Calif., at station Pioneer-United Telephone Co., Assignee. located at 2.5 miles east of Borrego, Calif. Renewal of licenses expiring April 1, 1969. Term: April 1, 1969, to April 1, 1974. 6125- Cl-ML—69—Evergreen Telephone Co.; (KY093); Modification of license to change the bandwidth from 800F9 to 3500F9. Libensee, State, and call sign 6126- C1-ML-69—Evergreen Telephone Co.; (KY094); Modification of license to change fre­ Atlantic Electronics, Inc.; Connecticut; KCA748. quency from 2128.4 to 2127.0 MHz and change bandwidth from 800F9 to 3500IJ9. Radiotelephone Co. of Indiana, Inc.; Indiana; KSA811. 6127- C1-ML-69—Evergreen Telephone Co.; (KY095); Modification of license to change the bandwidth from 800F9 to 3500F9. MAJOR AMENDMENT 6128- C1-ML-69—Evergreen Telephone Co.; (KY096); Modification of license to change fre­ NOTICES 5801-C2-P-(3)-69—R. O. Deaderick Co.; (New); Amended to read: To operate on base fre­ quency from 2118.8 to 2113.0 MHz and change bandwidth from 800F9 to 3500F9. quency 152.12 MHz. All other particulars remain same as reported on public notice 6129- C1-ML-69—Evergreen Telephone Co.; (KY097); Modification of license to change fre­ dated Mar. 17,1960, Report No. 431. quency from 2178.4 to 2177.0 MHz and change 2160.8 to 2163.0 MHz, also change bandwidth from 800F9 to 3500F9. All other terms of the above licenses are to remain the same. RURAL RADIO SERVICE 6259— C1-P-69—Indiana Bell Telephone Co.; (KSP82); C.P. to add frequencies 6360.3 and 6124-C1/C2—(3)-69—Kalama Telephone Co.; Consent to transfer of control from Darrel 10,875 MHz and an antenna system toward Portage, Ind., at station located at 118 East W. Coffey, Transferor, to: Ronald M. Coffey, Transferee. -Stations: KYC71, Temporary- Eighth Street, Michigan City, Ind. Fixed; KY026, Weyerhaeuser Timber Co. near Pigeon Springs, Wash. 6260— Cl—P/L—69—General Telephone Co', of Pennsylvania; (New) ; C.P. and license for a new 6266- C1-P/L-69—Southern Bell Telephone & Telegraph Co.; (New); C.P. and license for a fixed station to be located at 1001 State Street, Erie, Pa., to operate on frequency 5975.0 new fixed station to be located at U.S. No. 27, approximately 28 miles west of Boca Raton, MHz. \ Fla., to operate on frequencies 157.80, 157.95, and 158.07 MHz communicating with Station 6261— Cl—P—69—Southern Bell Telephone & Telegraph Co.; (KIB25); C.P. to add frequencies KIG288 Pompano Beach, Fla. 10.715 and 11,035 MHz toward Decatur (WATL-TV), Ga., at station located at 51 Ivy Street NE„ Atlanta, Ga. 6307—Cl—P/L-69—Henry Bonham; (KPW91); C.P. and license to reinstate expired license 6267— Cl—P—69—General Telephone Co. of the Northwest, Inc.; (KOT61); C.P. to add fre­ to operate on frequency 157.89 MHz communicating with Station KOF904 The Dalles, quencies 11,285 and 11,445 MHz toward Round Mountain, Idaho; 11,365 and 11,525 MHz Oreg. Location: 6.4 miles north-northwest of Appleton, Wash. toward Cooks Mountain Pass, Idaho, and toward Newport, Wash,, via passive reflector, at POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER) station located at Little Biacktail Mountain, 2.6 miles southeast of Cocolalla, Idaho. 6268— Cl—P—69—General Telephone Co. of the Northwest, Inc.; (KOU45); C.P. to add fre­ 6053- C1-P-69—The Pacific Telephone & Telegraph Co.; (New); C.P. for a new fixed station quencies 10,755 and 10,915 MHz toward Little Biacktail Mountain, Idaho; add 10,795 and to be located at 36 East William Street, Sonora, Calif., to operate on 10,995 and 10,715 MHz 10,955 MHz toward Bonners View Pass, Idaho, and Bonners Ferry, Idaho, via passive re­ toward Angels Peak, Calif., via passive reflector. flector, at station located at 9 miles south-southwest of Bonners Ferry, Idaho. 6054— Cl—P—69—The Pacific Telephone & Telegraph Co.; (KMW70); C.P. to add 11,405 and 6269- C1-P-69—General Telephone Co. of the Northwest, Inc.; (KVU69); C.P. to add fre­ 11,645 MHz toward Sonora, Calif., via passive reflector, located at Angels Peak, 4 miles quencies 11,325 and 11,485 MHz toward Bonners View Passive and to Ro&nd Mountain, southwest of Angeli Camp, Calif. Idaho, via passive reflector and add frequencies 11,245 and 11,405 MHz toward Dawson 6169- C1-MP-69—New England Telephone & Telegraph Co.; (KCL85); Modification of C.P. Ridge Passive, to Duck Lake Passive and Troy, Mont., via passive, at station located at to change frequency.from 6249.1 MHz to 10,735.0 MHz and add frequencies 6286.2 and the northwest corner of Denver and Van Buren Avenues, Bonners Ferry, Idaho. 6404.8 MHz toward Dunharton, N.H., at station located at 25 Concord Street, Man­ 6270- C1-P-69—General Telephone Co. of the Northwest, Inc.; (New); C.P. for a new fixed chester, N.H. station to be located at Second and Kootenai Street, Troy, Mont., to operate on frequencies 6170- C1-P-69—New England Telephone & Telegraph Co.; (New); C.P. for a new fixed station 10.715 and 10,875 MHz toward Duck Lake Passive and via Dawson Ridge Passive to Bonners to be located on East Hill, 4 miles east of Enfield, N.H., to operate on frequencies 6034.2 Ferry, Idaho, and to operate on frequencies 10,835 and 10,995 MHz toward Preacher Moun­ and 6152.8 MHz toward West Lebanon, N.H., and Springfield, N.H. tain Passive via Sheldon Mountain, Passive, to Libby, Mont.

FEDERAL REGISTER, VOL. 34, NO¡T83— THURSDAY, MAY T f 1969 POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIERS)----c o n t i n u e d POINT-TO-POINT MICROWAVE RADIO SERVICE (NONTELEPHONE)---continued 6271— C1—P-69—General Telephone Co. of the Northwest, Inc.; (KOY43); C.P. to add fre­ 6313-C1-MP-69—Western Microwave, Inc.; (KPV60); Modification of construction permits quencies 11,365 and 11,525 MHz toward Sheldon Mountain Passive and via Preacher to change frequencies 6110.0 MHz and 6210.0 MHz to 6197.2 and 6093.5 MHz toward Mountain Passive to Troy, Mont., at station looated at 114 East Fourth Street, Libby, Laurel (326°22')t Red Lodge (229°59'), Sarpy (75°49'), and Billings CATV (13°16')# all Mont. in Mont. Transmitter location: Greeno, 11.5 Miles southeast of Laurel, Mont. 6272- C1-P-69—General Telephone Co. of the Northwest, Inc.; (New); C.P. for a new fixed station to be located at West 423 3d Street, Newport, Wash., to operate on frequencies Major Amendment 10,835 and 10,955 MHz toward Cooks Mountain Passive and via passive to Little Black- 2413— C1-P-69—Upper Peninsula Microwave, Inc.; (KY047); Application amended to change tail Mountain, Idaho. frequency 5974.8 MHz to 5967.4 MHz toward Perrinton, Mich., on azimuth of 324°45'. Transmitter location: 3.5 miles north of Williamston, Mich. POINT-TO-POINT MICROWAVE RADIO SERVICE (NONTELEPHONE) 2414— Cl—P—69—Upper Peninsula Microwave, Inc.; (KY048); Application amended to change 6243— C1—P—69—Wyoming Microwave Corp.; (New); C.P. for a new station at Borie, Wyo., frequency 6256.5 MHz to 6219.5 MHz toward Mount Pleasant, Mich., on azimuth of 347°45'. 10 miles west-southwest of Cheyenne, Wyo., at lat. 41°06'03" N., long. 105°00'16" W. Transmitter location: 1.5 miles southeast of Perrinton, Mich. Frequency 6167.2 MHz on azimuth 297°43'. 2415— Cl—P-69—Upper Peninsula Microwave, Inc.; (KY049); Application amended to change 6244- C1—P—69—Wyoming Microwave Corp.; (New); C.P. for a new station at 8 miles east- frequency 5974.8 MHz to 5967.4 MHz toward Harrison, Mich., on azimuth of 853°02'. southeast of Laramie, Wyo., at lat. 41°16'04" N., long. 105°26'00" W. Frequency 6390.0 MHz Transmitter location: 2 miles south of'Mount Pleasant, Mich. on azimuth 325°30'. 2416— Cl—P—69—Upper Peninsula Microwave, Inc.; (KYO50); Application amended to change 6245- C1-P-69—Wyoming Microwave Corp.; (New) ; C.P. for a new station at Sullivan Ranch frequency 6256.5 MHz to 6219.5 MHz toward Grayling and Cadillac, Mich., on azimuths 10 miles east-northeast of Difficulty, Wyo., at lat. 42°06'20" N., long. 106°13'01" W. of 04°05' and 296°03', respectively. Transmitter location: Harrison, Mich. Frequency 6167.6 MHz on azimuth 352°11'. 2417— C1-P-69—Upper Peninsula Microwave, Inc.; (KQM44); Application amended to change 6246— Cl-P-69—Wyoming Microwave Corp.; (New) ; C.P. for a new station at Casper Moun­ frequency 5974.8 MHz to 5967.4 MHz toward Leetsville, Mich., on azimuth of 311°38'. tain, 7 miles south of Casper, Wyo., at lat. 42°44'03" N., long. 106°20'00" W. Frequency Transmitter location: 7 miles southwest of Grayling, Mich. All other particulars are as 4170.0 MHz on azimuth 299°59'. reported in public notice dated Oct. 28,1968, Report No. 411. 6247- C1-P-69—Wyoming Microwave Corp.; (KPB65); C.P. to add frequency 3730.0 MHz on azimuth 321 °41' at station located at Copper Mountain, 12.3 miles north-northwest of I n f o r m a t iv e Bonneville, Wyo., at lat. 43°26'15" N., long. 107°59'47" W. DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE 6248- C1-P-69—Wyoming Microwave Carp.; (KPS63); C.P. to add frequency 4170.0 MHz on Its appears that the following applications may be mutually exclusive and subject to the azimuth 19°20' at station located on Cedar Mountain, 5.3 miles southwest of Cody, Wyo., Commission’s rules regarding ex parte presentations, by reason of potential electrical inter­ at lat. 44°29'06" W. ference and/or economic competition: 6249— Cl—P—69—Western Microwave, Inc.; (KPV60); C.P. to add frequency 11,625 MHz on Missouri NOTICES azimuth 30° 14' at station located at Greeno, 11.5 miles southeast of Laurel, Mont., at Business Communications Inc., KAA888, File No. 4247-C2-P-69. lat. 45°32'04" N., long. 108°38'28" W. Leonard A. Voyles, doing business as General Communications, KFQ940, File No. 5001- 6250- C1-P-69—Western Microwave, Inc.; (New); C.P. for a new station at KULR-TV, 2.7 C2-P-69. miles east of Billings, Mont., at lat. 45°45'35" N., long. 108°27'14" W. Frequency 5989.6 Texas MHz on azimuth 282°45'. 6251— Cl—P—69—Western Microwave, Inc.; (KPZ42); C.P. to add frequency 5945.0 MHz on Radio Paging Inc., (New), File No. 3823-C2-P-69. azimuth S38°00' at station located 18 miles northeast of Greycllff, Mont., at lat. 45°55'35" Houston Mobllfone Inc., KKA343, File No. 4139-C2-P-69. N., long. 109°29'44" W. Roy M. Teel doing business as, Houston Radiophone Service, KKA344, File No. 4137-C2-P-69. 6252— Cl—P—69—Western Microwave, Inc.; (KPQ43); C.P. to add frequency 6010.0 MHz on Radio Dispatch Inc., KLB701, File No. 4138-C2-P-69. azimuth 323° 00' at station located at Little Belt Mountain, 8 miles southwest of Buffalo, [F.R. Doc. 69-5193; Filed, Apr. 30, 1969; 8:48 am.] Mont., at lat. 46°44'50" N., long. 109°57'10" W. 6253— Cl-P-69—Western Microwave, Inc.; (KPQ44); O.P. to add frequency 6182.5 MHz on azimuth 295° 00' at station located 8.2 miles northeast of Raynes Ford, Mont., at lat. [FCC-436] NEW, Golden, Colorado, Voice of Reason, 47°22'25" N., long. 110°38'20" W. Inc., Req: 1250 kc, 1 kw, DA, Day. 6254- C1—P—69—Western Microwave, Inc.; (KSQ33); C.P. to add frequency 6271.4 MHz on STANDARD BROADCAST APPLICA­ azimuth 204°01' at station located 6 miles north of Great Falls, Mont., at lat. 47°35'42" N. TION READY AND AVAILABLE FOR Pursuant to the provisions of §§ 1.227 (b)(1), 1.591(b), and Note 2 to § 1.571 long. 111°20'25" W. (Informative: Applicants propose to provide ABC programing now PROCESSING available at KFBC-TV of Cheyenne, Wyo., to KTWO-TV in Casper, Wyo.; KULR-TV in of the Commission’s rules, an applica­ Billings, Mont., and to KFBB-TV in Great Falls, Mont.) ' April 24,1969. tion, in order to be considered with this 6306—Cl—P-69—West Texas Microwave Co.; (KTQ80) ; C.P. to add new point of communica­ The following application was tendered application must be in direct conflict and tion at Roscoe, Tex. Azimuth 260°33'. Frequencies 6212.0, 6271.3, and 6330.7 MHz. Receiver April 2,1969, seeking the identical facili­ tendered no later than June 2, 1969. will intercept signals from path licensed toward Colorado City, Tex. Location 2 miles east ties of former Station KICM, Golden, The attention of any party in interest of Sweetwater, Tex., at lat. 32°29'08" N., long. '100°21'58" W. (Informative: Applicant Colo. Accordingly, we have this date desiring to file pleadings concerning this proposes to provide television signals of stations WFAA-TV, KTVT, and KERA-TV of waived the provisions of Note 2 to § 1.571 application pursuant to section 309(d) Fort Worth-Dallas area for delivery to Roscoe TV Cable Service in Roscoe, Tex.) of the Commission’s rules and accepted (1) of the Communications Act of 1934, 6312-C1-MP-69—Western Microwave, Inc.; (KPQ42) ; Modification of construction permits to this application for filing. Similarly, we as amended, is directed to § 1.580(1) of (a) change frequency 6260.0 MHz to 6241.7 MHz toward Big Timber and Little Belt Moun­ will accept any other application for con­ the Commission’s rules for the provisions tain, Mont., on azimuths of 252°00' and 338°00', respectively and (b) change frequency solidation which proposes essentially the governing the time of filing and other 5960.0 MHz to 6271.3 MHz toward Greeno, Mont., on azimuth of 122°48'. Transmitter lo­ cation: 19 miles northeast of Greycliff, Mont. same facilities. requirements related to such pleadings. T185

FEDERAL REGISTER, VOL. 34, I. 83— THURSDAY, MAY 1, 1969 7186 NOTICES Action "by the Commission April 23, kw.; 345 feet, Docket No. 18530, File No. Thus, we are unable at this time to deter­ 1969.1 BPH-6406; for construction permits. mine whether it is aware of and respon­ F ederal Communications 1. The Commission has under con­ sive to the needs of the area. Accord­ Commission, sideration the above-captioned and de­ ingly, a Suburban issue is required. [seal] B en F. Waple, scribed applications which are mutually 6. Except as indicated belo^f, the ap­ Secretary. exclusive in that operation by the appli­ plicants are qualified to construct and [F.R. Doc. 69—5194; Filed, Apr. 30, 1969; cants as proposed would result in operate as proposed. However, because of 8:48 a.m.] mutually destructive interference. their mutual exclusivity, the Commis­ 2. The respective proposals, although sion is unable to make the statutory find­ for different communities, would serve ing that a grant of the applications [FCC 69-434] substantial areas in common. Conse­ would serve the public interest, conven­ quently, in addition to determining, pur­ ience and necessity, and is of the opinion STANDARD BROADCAST APPLICA­ suant to section 307(b) of the Com­ that the applications must be designated TION READY AND AVAILABLE FOR munications Act of 1934, as amended, for hearing on the issues set forth PROCESSING which of the proposals would better pro­ below. April 25,1969. vide a fair, efficient and equitable dis­ 7. It is ordered, That, pursuant to The following application was tendered tribution of radio service, a contingent section 309(e) of the Communications April 4, 1969, seeking the identical facili­ comparative issue also will be specified. Act of 1934, as amended, the applications ties of Station KFNF, Shenandoah, Iowa, 3. According to the information in its are designated for hearing in a consoli­ the operation of which is to be termi­ application, Brinsfield Broadcasting Co. dated proceeding, at a time and place to nated pursuant to Commission action of would require $91,263 to construct and be specified in a subsequent order, upon February 6, 1969. Accordingly, we have operate its proposed station for 1 year the following issues: this date waived the provisions of note 2 without revenue. Although applicant in­ (1) To determine the amount required to § 1.571 of the Commission’s rules and dicates reliance on revenues to cover its by Brinsfield Broadcasting Co. to con­ accepted the application for filing. Simi­ operational costs, its supporting infor­ struct and operate its proposed station larly, we will accept any other applica­ mation merely indicates that certain for 1 year without revenues and whether tion for consideration which proposes businesses “might spend” a stated it has available to it sufficient funds for essentially the same facilities. amount on station advertising. None of this purpose to thus demonstrate its the businesses have committed them­ financial qualifications. NEW, Shenandoah, Iowa, John Bozeman, selves to spending these amounts or even (2) To determine whether Cass County Req: 920 kc, 500 w, 1 kw-LS, U. stated that it was their firm intention Broadcasting Co. has available to it the Pursuant to the provisions of §§ 1.227 to do so. Lacking such assurances, no additional $19,137 required for construc­

FEDERAL REGISTER, VOL, 34, NO. 83— THURSDAY, MAY T, 1969 NOTICES 7187 Commission’s rules, give notice of the the “County Agent’s Report”, a program the applicant’s proposed station. More­ hearing, either individually or, if feasible devised through the cooperation of the over, the affidavits which Copperhill ob­ and consistent with the rules, jointly» county agents in the area and designed tained from some of these merchants ex­ within the time and in the manner pre­ to keep interested persons informed in pressly confirms this interpretation and scribed in such rule, and shall advise the agriculture, gardening and related sub­ understanding.® Commission of the publication of such jects. The program is to be aired daily 5. Even more serious than the fore­ notice as required by § 1.594(g) of the except Sunday. Section IV of Click’s ap­ going misrepresentations, states Copper­ rules. plication contains a statement that “the hill, is the fact that one of these is a Adopted: April 23,1969. Fannin County, Ga., agent has assured forgery and fraud upon the Commission. the parties of the applicant that there is The petitioner attaches an affidavit of Released: April 28,1969. a definite need for this type coverage Raymond Akins, President of Chastain- F ederal Communications and he will co-operate fully.” The peti­ Pack Funeral Homes, Inc., in which the Commission 1 tioner asserts that “the agent, according affiant states, inter alia, that the pur­ [seal] B en F. W aple, to the applicant, agreed to participate in ported signature in behalf of Chastain- Secretary. a daily program.” The petitioner has at­ Pack by Raymond Akins is not his tempted to bolster this interpretation of signature but a forgery. Click in its [F.R. Doc. 69-5190; Filed, Apr. 30, 1969; Click’s representations by securing an 8:48 ajn.] opposition states that the charge is pre­ affidavit stating that he (the agent) “has posterous, that no motive has been sug­ made no commitment to cooperate on gested for such conduct on the part of [Docket Nos. 18526, 18527; FCO 69-422] any scheduled basis * * We are of the applicant, and that a comparison of the view that Click’s statements in its the Akins signature on the two docu­ CLICK BROADCASTING CO. AND program survey report cannot be fairly ments demonstrates that “the forgery ac­ R-J CO. construed as a representation of, or an cusation is, charitably speaking, less than Memorandum Opinion and Order attempt to imply, a commitment on the accurate.” 8 Because of these allegations, part of the county agent to appear on the and the fact that the affiant has not re­ Designating Applications for Con­ program in question on a daily basis. pudiated his sworn statement claiming solidated Hearing on Stated Issues Therefore, Copperhill’s request for an is­ forgery, an issue will be specified to de­ In re applications of Robert E. Thomas sue to determine whether the applicant termine whether the applicant has pre­ and Ferris A. Maloof, doing business as has misrepresented to the Commission sented forged and fraudulent materials Click Broadcasting Co., Blue Ridge, Ga., the availability of programing proposed to the Commission. Requests: 1500 kc., 500 w, Day, Docket in its application will be denied. 6. Finally, Copperhill challenges No. 18526, File No. BP-17409; Robert P. 4. In an effort to establish the neces­Click’s financial qualification, contending Joseph and Jacqueline A. Joseph, doing sary financial'resources for its proposal, that neither partner has established business as R -J Co., Clarksville, Ga., the Click application contains signed the necessary liquidity to meet his part­ Requests: 1500 kc., 5 kw., 500 w-CH, form statements of some of the local nership capital commitment and also Day, Docket No. 18527, File No. BP- merchants, each of which contains the challenging the validity of the appli­ 17691; for construction permits. merchant’s estimate of the amount that cant’s Ultravision showing. In addition 1. The Commission has before it for he “would have available for radio ad­ to existing capital in the amount of consideration (a) the above captioned vertising” on the proposed station. Cop­ $13,800, Click attempts to establish an applications; (b) a petition to deny the perhill contends that the aforesaid state­ Ultravision showing in the amount of application of Click Broadcasting Co. ments appear to be based upon misrep­ $37,000, to cover the balance of its esti­ (Click), filed by Copper Basin Broadcast­ resentations to the signatory merchants mated first year costs of construction ing Co., Inc. (Copperhill), licensee of as to the nature of the instrument they and operation, which total $42,518. As to standard broadcast Station WLSB, Cop­ were signing, and to the Commission on the Ultravision showing, Copperhill con­ perhill, Tenn.; and (c) pleadings in op­ the nature of the instruments so ob­ tends that $7,700 of the $19%400 for which position and reply thereto; (d) a peti­ tained. This contention is apparently the applicant has statements of poten­ tion to deny the application of R-J Co. based principally if not solely on the fact tial advertisers has been “disavowed or (R -J), filed by Habersham Broadcasting that the applicant has used the term forged”, and that the remaining $11,700 Co., Inc. (WCON), licensee of standard “advertising commitments” to introduce are of dubious value. Further, as to the broadcast Station WCON, AM and FM, the aforesaid statements as one of the remaining $17,600 of the applicant’s esti­ Cornelia, Ga.; and (e) pleadings in op­ exhibits in its application. In its opposi­ mated first year revenues, which it at­ position and response thereto. tion pleading, Click states that it was not tempts to document with some economic its intention to suggest that the state­ data, we agree with the opposition that 2. Copperhill claims standing as a ments were formal advertising contracts party in interest on the basin that Sta­ or commitments in any legally binding the applicant has clearly failed to make tion WLSB, operating in a community sense, and observes that the statements a proper Ultravision showing. Thus, even 12 miles from Blue Ridge, Ga., serves themselves belie any suggestion of obliga­ if the “commitments” of $19,400 prove to much of the same audience and depends be valid, Click has failed to establish the upon many of the same advertisers as tion. In construing this matter in the Click’s proposal. We find that this peti­ language of the Ultravision require­ necessary available assets to meet its tioner does have the necessary standing ments,1 we are of the view that the ap­ first year financial requirements. Ac­ within the meaning of section 309(d) (1) plicant’s use of the word “commitment”, cordingly, a financial issue will also be of the Communications Act of 1934, as while perhaps careless, was not intended, specified. amended, and § 1.580 (i) of the Commis­ nor did it result, in fact, in a belief or sion’s rules. Federal Communications Commission v. Sanders Brothers Radio understanding on the part of the signa­ 2E.g., Mr. Robert L. Turner states (At­ tory merchants (or the Commission) that tachment C, Petition to Deny) : “* * * he Station, 309 Ü.S. 470, 9 RR 2008 (1940). told Mr. Thomas that he was not interested in 3. Copperhill bases its request for de­ they were entering into binding agree­ doing any advertising with the new radio nial of a hearing on alleged misrepre­ ments or commitments to advertise on station * * * and that at no" time * * * did sentations and fraud in connection with he ever commit himself or Red and White Food Store to pay to the proposed new radio Click’s program and advertising surveys, 1 Ultra vision Broadcasting Co., 1 FOC 2d station * * * any funds whatsoever * * and also challenges the applicant’s fi­ 544, 5 RR 2d 343 (1965), which, requires only 3 Click states that although Akins refused nancial qualifications. The petitioner’s that there is a reasonable assurance that to sign a counter-affidavit “to clear up this claim of misrepresentation as • to the sufficient funds to meet this standard will be serious matter”, he did state that the sig­ program survey arises from Click’s de­ available. The applicant here observes that nature on the advertising estimate looks like scription of one of its proposed programs, a3 a former radio licensee (WDMF, Buford, his signature and that although he does Ga.), Mr. Thomas, who prepared the exhibit, not remember signing the statement, he may was fully aware that there was no require­ very well have done so, and that he would 1 Commissioner Bartley absent; Commis­ ment that revenue estimates be supported be willing to come to Washington and ex­ sioner Robert E. Lee concurring in result. by enforceable agreements. plain the matter.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY l r 1969 7188 NOTICES

7. Habersham Broadcasting Co., Inc. its own economic situation the petitioner Habersham County, but in fact involves

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 NOTICES 7189 Finally, the petitioner states that not quick assets. Moreover, the offer of with respect to Issue 7, above, are hereby only would it be compelled to curtail its $30,000 made by Emma M. Joseph placed upon Habersham Broadcasting staff and its programing, but it would (mother of partner Robert P. Joseph) is Co., Inc. also be necessary to cease separate pro­ not substantiated by a balance sheet or 21. It is further ordered, That the peti­ graming on its sister station, WCON-FM, financial statement as required. tion of Copper Basin Broadcasting Co., should the R-J application be granted. 18. Except as indicated by the issues Inc., is granted to the extent indicated 15. Although R-J appears to have ef­ specified below, the applicants are quali­ above, and is denied in all other respects. fectively rebutted many of the peti­ fied to construct and operate as proposed. 22. It is further ordered, That, the peti­ tioner’s economic allegations and data, However, since the proposals are mu­ tion of Habersham Broadcasting Co., is we find that a hearing is required. In tually exclusive, they must be designated granted to the extent indicated above, this regard, we note that the court in for hearing in a consolidated proceeding and Is denied in all other respects. Folkways Broadcasting Co., 375 F. 2d on the issues specified below. 23. It is further ordered, That peti­ 299, 8 RR 2d 2089 (1967), decreed that: 19. Accordingly, it is ordered, That, tioners herein Are made parties to the * * * At times there might be a knowl­ pursuant to section 309(e) of the Com­ proceeding. edge of a specific financial loss and its detri­ munications Act of 1934, as amended, the 24. It is further ordered, That, to avail mental consequence on programing, but we applications are designated for hearing themselves of the opportunity to be think a Carroll hearing may not be limited in a consolidated proceeding, at a time heard, the applicants and parties re­ to a case in which preknowledge of the exact and place to be specified in a subsequent 1 221 economics of the situation is necessarily spondent pursuant to § . (c) of the available. Requiring such precision would order, upon the following issues: Commission’s rules, in person or by at­ eliminate the doctrine as a practical matter. (1) To determine the areas and popu­ torney, shall, within 20 days of the mail­ lations which would receive primary ing of this order, file with the Commis­ 16. For this reason, we find that there service from the proposed operations and sion in triplicate, a written appearance are substantial and material questions the availability of other primary service stating an intention to appear on the date of fact concerning the ability of the to such areas and populations. fixed for the hearing and present evi­ Clarkesville-Cornelia area to support an­ (2) To determine whether the pur­ dence on the issues specified in this other standard broadcast station with­ ported signature of Raymond Akins order. out a net degradation of program service found on the advertising statement filed 25. It is further ordered, That the ap­ to the public. Accordingly, a Carroll issue with the application of Click Broadcast­ plicants herein shall, pursuant to sec­ will be specified. In view of this finding, ing Co. is, in fact, Raymond Akins’ tion 311(a)(2) of the Communications we come to the request by R -J that signature. Act of 1934, as amended, and § 1.594 of WCON’s renewal application be called (3) To determine, in the event issue 2 the Commission’s rules, give notice of the up (although not normally due until is resolved in the negative, whether Click hearing, either individually or, if feasible January 1, 1970) for consolidation for Broadcasting Co. made an intentional and consistent with the rules, jointly, comparative hearing in this proceeding misrepresentation to the Commission. within the time and in the manner pre­ pursuant to § 1.539(c) of the rules. In (4) To determine, in light of the evi­ scribed in such rule, and shall advise support whereof R-J cites Herbert P. dence adduced pursuant to issues 2 and the Commission of the publication of Michels, 17 RR 557 (1958). Our policy 3, above, whether Click Broadcasting such notice as required by § 1.594(g) of in the area, however, is set out in John Co. has the requisite qualifications to be the rules. Self, FCC 63-167, 24 RR 1177 (1963), a licensee of the Commission. Adopted: April 23, 1969. where we stated that: (5) To determine, with respect to the The Commission, as a matter of policy, application of Click Broadcasting Co.: Released: April 28,1969. will not advance thé filing date of the (a) The sources of additional funds’ renewal application of an existing station, necessary to meet the costs of construc­ F ederal Communications in order to consider it comparatively with an Commission * application for a construction permit for a tion and operation of the proposed sta­ [seal] B en F. Waple, new station against which the Carroll issue tion during the first year. Secretary. has been specified, even though the issue was (b) In light of the evidence adduced included at the existing station’s request. pursuant to (a) above, whether this [P.R. Doc. 69-5197; Piled, Apr. 30, 1969; Should the Carroll issue be resolved against applicant is financially qualified. 8:49 a.m.] the applicant for the new station, he may (6) To determine, with respect to the file an application against the existing sta­ application of R -J Co.: |Docket No. 18528; FCC 69-423] tion’s renewal application, and such appli­ (a) Whether a loan of $30,000 is avail­ cation for construction permit will be con­ DeWITT RADIO sidered comparatively with this renewal able to the applicant. application. (b) The sources of - additional funds Memorandum Opinion and Order necessary to meet the costs of construc­ We followed this in Bigbee Broadcasting tion and operation of the proposed sta­ Designating Application for Hear-. Co., FCC 63-260, 25 RR 88 (1963), and tion during the first year. ing on Stated Issues also in William L. Ross, FCC 63-366, 25 (c) In light of the evidence adduced In re application of Don Renault and RR 360 (1963), pointing out there that pursuant to (a) and (b) above, whether Edwin Zaiontz doing business as DeWitt the Commission has always been circum­ this applicant is financially qualified. — Radio, Yorktown, Tex., Requests: 1520 spect in its discretionary use of the call­ (7) To determine whether there are kc., 500 w, DA-Day, Docket No. 18528, up procedure. Accordingly, the appli­ adequate revenues available to support File No. BP-17138, for construction cant’s request in this regard will be an additional standard broadcast sta­ denied. permit. tion in the area proposed to be served by 1. The Commission has before it for 17. Based on information provided by R -J Co., without a net loss or degrada­ consideration (a) the above-captioned R-J, it is estimated that $18,101 will be tion of broadcast service to such area. application: (b) a petition to deny filed required to meet first year construction (8) To determine, in the light of sec­ by Cuero Broadcasters, Inc., licensee of and equipment costs, and $26,500 for 1 tion 307(b) of the Communications Act standard broadcast station KCFH, year’s working capital, for a total of of 1934, as amended, which of the pro­ Cuero, Tex., and (c) pleadings in opposi­ $44,601. On the basis of a projected bal­ posals would better provide a fair, effi­ tion and reply. ance sheet of the R -J Co., the applicant cient and equitable distribution of radio 2. The petitioner claims standing as a proposes to meet these expenses with cur­ service. party in interest on the ground that the rent liquid assets consisting of cash in (9) To determine, in the light of the proposed station would be located 17 the amount of $30,000 and stocks listed evidence adduced pursuant to the fore­ miles east of Cuero and would serve sub­ on major exchange totaling $9,492. going issues, which, if either of the ap­ stantially the same area, compete for Since the projected balance sheet shows plications should be granted. a total of $32,300 in current liabilities, 20. It is further ordered, That, the * Commissioner Bartley absent; Commis­ however, no more than $7,192 of those burden of proceeding with the introduc­ sioners Robert E. Lee and Johnson concur­ assets can be considered as available tion of evidence and the burden of proof ring in the result.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 No. 83- 10 7190 NOTICES audience and advertising revenues, and and, moreover, no corporate dividends mitments of $36,235 for first year cause economic injury to KCPH. Hie have been declared. revenues. Finally, applicant states that Commission finds that the petitioner 5. The petitioner states that 32 York­ there are many thousands of dollars not does have such standing within the town businesses do not advertise on being discovered in Yorktown, and then meaning of section 309(d) of the Com­ KCFH,8 and of these 16 stated that they presents a critical analysis of KCFH’s munications Act of 1934, as amended, would spend a total of $250 monthly on programing and public service. and § 1.580 (i) of the Commission’s rules. the proposed Yorktown station. A sur­ 7. In its reply Cuero asserts that the FCC v. Sanders Bros. Radio Station, 309 vey of businesses advertising on KCFH allegations made by DeWitt do not in U.S. 470, 9 RR 2008 (1940).1 was conducted. Of the 17 advertisers ac­ any way refute Cuero’s showing. Spe­ 3. Citing Carroll Broadcasting Co. v. tually interviewed, 9 would shift their cifically, the petitioner takes issue with Federal Communications Commission, entire advertising budgets to a York­ some of the applicant’s economic infor­ 103 U.S. App. D.C., 346, 258 F. 2d 440, 17 town station and 7 would split their busi­ mation .such as the number of retail RR 2066 (1958), and subsequent Com­ ness between the stations, according to establishments and new homes in York­ mission actions for the proposition that the petitioner. Because of the loss in ad­ town, and also describes three busi­ “* * * when an existing licensee offers vertising revenues which KCFH claims nesses that have recently retrenched or to prove that the economic effect of an­ it would suffer, it states that it would closed due to poor business conditions. other station would be detrimental to be compelled to move some of its public Cuero also asserts that the applicant is the public interest, the Commission service programs to less desirable time not financially qualified. Finally, Cuero should afford an opportunity for pres­ periods, and would shift personnel and noted that even if Don Renault plans to entation of such proof * * KCFH the work schedule so that available labor assume full-time duties at the new sta­ submits that a grant of the instant ap­ hours could be devoted to selling adver­ tion, he, Mrs. Renault, and one an­ plication would, owing to the economic tising rather than preparing public nouncer could not possibly perform all limitations of the De Witt County mar­ service programs and announcements in the news gathering and public service ket, result in substantial injury to KCFH order to “compensate to some degree for functions proposed. and accordingly to the public, and that the loss of revenue should De Witt’s ap­ 8. Although the economic data pro­ the application must be designated for plication be granted.” Moreover, in order vided by the petitioner is neither very hearing.* In support of this position the to save some $200 per month, the Asso­ current nor very extensive, it is obvi­ petitioner provides various data purport­ ciated Press News Service would have to ous from the various statistics and the ing to show that Yorktown is a small be eliminated, as would dues to the vari­ information before us that the two sta­ community with a virtually static popu­ ous broadcasters’ organizations. Thus, tions would be competing in a very thin lation8 and economy, that the median concludes the petitioner, the loss of reve­ market. Moreover, Cuero indicates that income in the county is $2,668, and that nue to KCFH would result in a degrada­ it would lose a substantial amount of the number of retail establishments has tion of program service to the public. revenue as several of its advertisers have declined from 371 to 299 in the period 6. In its opposition pleading, DeWitt stated that they would shift or split their from 1958 to 1963.* challenges Cuero’s argument concerning advertising with a new station and fur­ 4. Responding to the questions posed the economics of the Yorktown commu­ ther, that it would be forced to divide in Missouri-Illinois, supra, the petitioner nity, asserting that Yorktown is the most about $4,500 annually in national and goes on to show that although retail progressive town in De Witt County, regional advertising with the proposal.8 sales in De Witt County increased from with 36 new homes and 20 new business Although DeWitt questions the extent of $22,186,000 to $30,166,000 between 1963 establishments, among other improve­ the potential losses in revenues, and also and 1965, the number of retail estab­ ments. DeWitt challenges the validity of the necessity of some of the program lishments in Yorktown decreased from Cuero’s advertising survey of local curtailments indicated by the petitioner, 68 to 60 between 1963 and 1966, and in merchants7 and also questions the judg­ we note that the court in Folkways the county from 299 to 276. KCFH also ment of the petitioner’s sales manager Broadcasting Company, 375 F. 2d 299 observes that although its own advertis­ who estimated that the maximum radio (1967), decreed that: ing revenue has increased slightly, that advertising potential of Yorktown is ap­ * * * At times there might be a knowledge of the other advertising media have re-- proximately $3,000 per year. The appli­ of specific financial loss and its detrimental mained the same or declined slightly." cant goes on to state that they—Edwin consequence on programing, but we think a Further, petitioner explains that its Zaiontz, Don Renault and others—con­ Carroll hearing may not be limited to a case revenues have climbed only by virtue of tacted 45 of the more than 100 business in which preknowledge of the exact eco­ increasing services and expenses; that establishments and have written com- nomics of the situation is necessarily avail­ able. Requiring such precision would elim­ other than $100 weekly for living ex- inate the doctrine as a practical matter. pënses for the president, the officers have 9 Petitioner points out that some of these received no compensation for their work businesses may advertise on Station KAME, On the basis of the foregoing, we find Kenedy-Karnes City, Tex. (The other com­ that the petitioner has raised substantial peting media in the area, according to and material questions of fact concern­ 1 The applicant’s claim that the petitioner KCFH, are: The De Witt County View does not have the requisite standing because ing the ability of the Yorktown-Cuero (Yorktown), the Yorktown News, The Cuero area to support another standard broad­ they do not consistently provide a 2 mv/m Record, the Yoakum Herald-Times, and Sta­ signal over the entire Yorktown area is not tions KAML and KCTI (Gonzales, Tex.). The cast station without a net degradation persuasive. applicant claims that the Yoakum Herald of program service to the public. Accord­ 2 in addition to the Sanders and Carroll and Station KCTI do not compete for the ingly, a hearing will be ordered and a cases, the petitioner cites KGMO Radio-Tele­ Yorktown market, and that it could find only Carroll issue specified. vision, Inc. v. FCC, 119 U.S. App. D.C. 1, 336 one Yorktown merchant who advertises on 9. As to the applicant’s financial quali­ F. 2d 920 (1964); Southwestern Operating Station KAML. In fact, it appears that these fications, based on the information pro­ Co. v. FCC, 122 U.S. App. D.C. 137 351 F. 2d media do compete in some areas outside of vided by the applicant, a total of $23,464 834, 5 RR 2d 2121 (1965); and also Missouri- Yorktown which both KCFH and the appli­ Illinois Broadcasting Company, FCC 64-748, cant would be serving. will be needed to meet the first year costs 3 RR 2d 232 (1964). 7 This is a reference to a survey of adver­ of construction and operation. Apart 3 U.S. Census figures show that the popula­ tisers and nonadvertisers which Cuero made from the question, as suggested by Cuero, tion of Yorktown decreased from 2,596 to in answer to the Missouri-Illinois query as of whether DeWitt’s estimated costs are 2,527 from 1950 to 1960; that of Cuero from to “the specific advertisers that would shift realistic, the applicant’s capitalization 7,489 to 7,338; and De Witt County from (or split) their advertising to the proposed 22,973 to 20,683 for the same period. station.” DeWitt states that it was told that 1 U.S. Department of Commerce Bureau of Cuero’s salesman as well as a local Cuero lady 8 As to documentation of the statements Census County and City Data Book of 1962. were holding themselves out as representing of these advertisers, the petitioner states that 5 Petitioner shows total revenues of 37% the FCC for the survey. However, no affidavits if necessary at a hearing it will submit work thousand for 1964, 44 thousand for 1965, and or other documentation to support these sheets of its surveys and affidavits as to their 46 thousand (estimated) for 1966. Of this allegations has been provided by the appli­ validity, but does not wish to do so at this $2,165, $3,030, and $2,600 respectively were cant. Moreover, the petitioner has filed affi­ because of possible detrimental com­ derived from Yorktown. davits refuting the latter allegations. petitive effects.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 NOTICES 7191 of $20,000 falls over $3,000 short of the Proposed RadioStation” and “outlined served, and the means by which it pro­ necessary first year funds.® Furthermore, many persons and interests contacted.’® poses to meet those needs and interests. neither of the partners has established In its application DeWitt describes this (3) To determine, with respect to the sufficient available current assets to cover meeting, states that many helpful sug­ applicant: his initial partnership commitment, in gestions were obtained, and that the (a) The basis of the applicant’s esti­ the amount of $15,000 for Don Renault questionnaires, a sample of which it filed mate of construction and equipment and $5,000 for Edwin Zaiontz. with the exhibit, were distributed at the costs. 10. Based on the foregoing, a financial meeting, filled in, signed by the at­ (b) The basis of the applicant’s esti­ issue is clearly required in this case. tendees, and returned to the applicants mated operating expenses for the first Even if we assume that DeWitt’s cost Applicant provides a list of 14 civic year of operation. estimates are realistic and it can operate leaders and city officials, 16 businessmen, (c) The sources of additional funds on this budget, the applicant has failed two high school students and six church necessary to meet the cost of construction to establish sufficient liquid assets to pastors, whom it states were contacted and operation of the proposed station meet the Commission’s financial require­ at or after the meeting, with a compre­ during the first year. ments. Thus, an issue will be specified to hensive analysis and summary of the (d) In light of the evidence adduced determine whether the applicant’s esti­ general types of program needs, as well pursuant to (a), (b), and (c) above, mated first year costs of construction and as some specific civic needs, which the whether the applicant is financially operation are realistic, and whether ap­ survey contacts had disclosed. qualified to operate the proposed station plicant’s principals, Don Renault and 12. As we stated in our public notice for 1 year without revenues. Edwin Zaiontz, have sufficient available of August 22, 1968 (33 F.R. 12113, 13 funds to meet their commitments. As to RR 2d 1903), an applicant’s showing (4) To determine whether the appli­ the adequacy of its proposed staff, we cant’s proposed staff is adequate in light should include the significant suggestions of its operating and program plans. note that the applicant proposes to pro­ as to community needs received through vide extensive news coverage (28.5 per­ the consultations with community (5) To determine, in the light of the cent of its total programing), 44y2 per­ leaders, whether or not the applicant evidence adduced pursuant to the fore­ cent of which will be devoted to local and proposes to treat them through its pro­ going issues, whether a grant of the ap­ area news. Furthermore, based on Ex­ graming service. In this case, DeWitt re­ plication would serve the public interest, hibit VII of the application, applicant fers to a few “specific needs” which its convenience and necessity. partner Don Renault will handle the survey disclosed, such as more and 15. It is further ordered, That, the bur­ news chores for this station, along with better coverage of local news, certain den of proceeding with the introduction his other duties in both this and his other civic promotions such as tourism and of evidence and the burden of proof with station, KWDR in Del Rio, Tex.10 We other chamber of commerce activities, respect to Issue 1, above, are hereby therefore find that an issue should also and the like. However, the applicant fails placed upon Cuero Broadcasters, Inc. be specified to determine whether the to enumerate and identify the specific 16. It is further ordered, That, the peti­ staff proposed by the applicant would be suggestions allegedly made by the com­ tion of Cuero Broadcasters, Inc., is adequate to operate the station as munity leaders and individuals listed. granted, to the extent indicated above, proposed in the application. Moreover, other than presenting a brief and is denied in all other respects. 11. Finally, the petitioner indicates summary of some of the programs which 17. It is further ordered, That Cuero that the applicant’s program survey is the applicant plans to broadcast, the Broadcasters, Inc., licensee of Station inadequate to meet the Commission’s applicant does not relate the proposed KCFH, is made a party to the proceeding. requirements in this regard,“ stating programs and program service to the 18. It is further ordered, That, to avail that DeWitt proposes to base its con­ needs of the community as evaluated. themselves of the opportunity to be cept of programing primarily on a meet­ Therefore, since the applicant has not heard, the applicant and the respondent, ing of 40 people representing civic, social, provided sufficient information to enable pursuant to § 1.221(c) of the Commis­ religious, governmental, and educational the Commission to determine whether it sion’s rules, in person or by attorney, groups, which lasted about 1 hour; and is aware of and responsive to the needs shall, within 20 days of the mailing of also that the applicant fails to show of the Yorktown area, a Suburban issue this order, file with the Commission in how it derived its programing proposal will also be specified. triplicate, a written appearance stating from the survey alluded to. In response, 13. In view of the foregoing, the Com­ an intention to appear on the date fixed DeWitt states that it submitted a sample mission is unable to make the statutory for the hearing and present evidence on of its form entitled “Questionnaire for finding that a grant of the above-cap­ the issues specified in this order. tioned application would serve the pub­ 19. It is further ordered, That the ap­ •DeWitt makes no Ultravision showing as lic interest, convenience and necessity, plicant herein shall, pursuant to section to its claim in its opposition pleading that it and is of the opinion that the application 311(a) (2).of the Communications Act of has $36,235 in total advertising commitments must be designated for hearing in a con­ 1934, as amended, and § 1.594 of the Com­ from business establishments in Yorktown, solidated proceeding, on the issues set and therefore can be given no credit for this forth below. mission’s rules, give notice of the hear­ asserted source of funds. Ultravision Broad­ ing, either individually or, if feasible and casting Company, 1 FCC 2d 544, 5 RR 2d 343 14. Accordingly, It is ordered, That, consistent with the rules, jointly, within (1965). pursuant to section 309(e) of the Com­ the time and in the manner prescribed in 50 In his application for construction per­ munications Act of 1934, as amended, such rule, and shall advise the Commis­ mit for Station KWDR, Mr. Re ¿Suit states the application of DeWitt Radio for a sion of the publication of such notice as that he will be a full-time employee of pro­ construction permit is designated for required by § 1.594(g) of the rules. posed station, and will devote a generous hearing at a time and place to be speci­ share of his time to the news department. fied in a subsequent order, upon the Adopted: April 23, 1969. The license for that station was granted on following issues: September 13, 1968. Although the applicant Released: April 28,1969. (1) To determine whether there are states that Mr. and Mrs. Renault will move to F ederal Communications Yorktown if the instant application is adequate revenues available to support granted, a question arises as to how he could an additional standard broadcast station Commission “ leave his Del Rio station in view of the fore­ in the area proposed to be served by [seal] B en F. W aple, going as well as the fact that his Del Rio DeWitt Radio, without a net loss or de­ Secretary. application indicates a staff there no larger gradation of broadcast service to such [F.R. Doc. 69-5198; Filed, Apr. 30, 1969; than that proposed for Yorktown. area. 8:49 a.m.] 11 Citing report and statement of policy re: Oommssion En Banc Program Inquiry, 20 (2) To determine, the efforts made by 12 Commissioner Bartley absent; Commis­ RR 1902 (I960), and Suburban Broadcasters, the applicant to ascertain the community sioners Robert E. Lee and. Johnson con­ 30 FCC 1021, 20 RR 951 (1961), heeds and interests of the area to be curring in result.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 7192 NOTICES [Docket No. 18533; POO 69-427] 100 watts of output power. Waiver of the eration of the proposed station.* To meet separation requirement should not be the cash requirement, North Dakota re­ NORTH DAKOTA BROADCASTING construed as an indication that we would lies upon existing capital and a $100,000 CO., INC. permit a regular television station to bank loan from The Fargo National Memorandum Opinion and Order operate on the Dickinson channel from Bank, Fargo, N. Dak. However, the the same site. balance sheet of North Dakota indicates Designating Application for Hear­ 4. Spokane alleges that North Dakota’s that current liabilities exceed current ing on Stated Issues application raises substantial questions and liquid assets so that we can not de­ In re application of North Dakota as to whether a grant of the application termine that any existing capital will be Broadcasting Co., Inc., Jamestown, would be in the public interest, conven­ available. Furthermore, the balance sheet N. Dak., Docket No., 18533, Pile No. ience, and necessity. Spokane alleges that dated December 31, 1967, is approxi­ BFCT-4104, for construction permit for it is a party in interest since its Station mately 15 months old and is, therefore, new television broadcast station. KTHI-TV would compete for audience not current enough to rely upon in deter­ 1. The Commission has before it for and revenues in the same market as the mining North Dakota’s financial position. consideration (a) the above-captioned proposed station. It is also alleged that The bank letter is not a firm commitment application filed by North Dakota Broad­ the station will be a satellite of commonly to lend funds and, moreover, does not casting Co., Inc. (North Dakota); (b) owned Station KXJB-TV, Valley City, disclose the terms of repayment, inter­ objections, filed May 3,1968, by the Asso­ N. Dak., and that a grant of the applica­ est, and security, if any. Under these ciation of Maximum Service Telecasters, tion would constitute an inefficient and circumstances, we can not determine the Inc. (AMST); (c) further objections, wasteful use of the Channel 7 allocation exact amount of funds which will be filed July 11, 1968, by AMST; (d) oppo­ to Jamestown, N. Dak. It is argued that needed to construct and operate the sition to further objections, filed July 24, the predicted Grade B contour of the pro­ station for a period of 1 year and also 1968, by North Dakota; and (e) a plead­ posed satellite station will cover approxi­ we can not determine that the bank ing, filed March 24, 1969, by Spokane mately 5,400 square miles of which ap­ loan is available. Accordingly, appropri­ Television, Inc. (Spokane), licensee of proximately 4,300 square miles is already ate financial issues have been specified. being covered by the predicted Grade B 8. North Dakota’s application is also television broadcast station KTHI-TV, contour of. Station KXJB-TV. That is, deficient with respect to the programing Fargo, N. Dak.1 there is an overlap of approximately 75 information which is to be provided pur­ 2. On March 19, 1968, North Dakota percent of the proposed station’s Grade suant to part 1, section IV-B of FCC filed an application for a construction B contour by the commonly owned Form 301. North Dakota does not provide permit for a new television broadcast parent stations Grade B contour. Since information concerning the identity, station to operate on Channel 7, James­ the population in the 1,100 square^ miles titles, and organizations of the com­ town, N. Dak. The application specified a that will be provided a Grade B signal munity leaders interviewed and the sug­ transmitter site which did not comply for the first time is very sparse, the pro­ gestions that were received from the with the Commission’s mileage separa­ posed satellite will add very little to the community leaders during the survey tion requirements since it was short­ coverage of Station KXJB-TV, but will taken of people in the area to be served spaced to Television Broadcast Station preempt the only allocated commercial by the proposed broadcast station, see KCMT, Alexandria, Minn., and AMST television broadcast channel assigned to public notice of August 22,1968, concern­ filed an objection to a grant of the appli­ Jamestown. ing the ascertainment of community cation. Subsequently, on June 14, 1968, 5. The Commission is of the view that needs by broadcast applicants. Therefore, North Dakota amended its application a substantial question is raised by Spo­ a programing issue has been specified. and specified a new transmitter site kane’s petition and that a hearing is 9. Except as otherwise indicated, the which complied with the mileage separa­ required to determine whether the pro­ applicant is legally, financially, techni­ tion requirements with respect to Station posed operation would constitute an cally, and otherwise qualified to construct KCMT, but was 188.4 miles from the efficient use of the frequency and as proposed. transmitter site of 100-watt VHP trans­ whether it would be in the public inter­ 10. It is ordered, That the informal lator Station K07HN, Dickinson, N. Dak., est, convenience, and necessity to grant objections filed by the Association of authorized to operate on Channel 7, the application. A section 307(b) issue Maximum Service Telecasters, Inc., are Dickinson, N. Dak. AMST then filed fur­ denied; that, to the extent indicated ther objections alleging that the new has, therefore, been specified. 6. John Boler, the president of appli­ above, the informal objections filed by proposed site was short-spaced to the Spokane Television Inc., are granted, and translator in Dickinson in violation of cant, owns 100 percent of the stock of Jamestown Broadcasting Co., Inc., which in all other respects are denied; and that § 73.610(b) (1) of the Commission’s rules the application of North Dakota Broad­ for cochannel stations located in Zone is a holding company, owning controlling interests in KXMB-TV, Inc., licensee of casting Co., Inc., is designated for hear­ n.2 Station KXMB-TV, Channel 12, Bis­ ing, at a time and place specified in a 3. Although we have held that the marck, N. Dak.; South Dakota Television, subsequent order, on the following separation requirements of § 73.610 of Inc., licensee of Station KXAB-TV, issues: the Commission’s rules is applicable to Channel 9, Aberdeen, S. Dak.; and North (1) To determine whether a grant of high-power translators, see WLUC, In­ Dakota Broadcasting Co., Inc., licensee the application would be consistent with corporated, 13 FCC 2d 406,13 R.R. 2d 508 of Station KXJB-TV, Channel 4, Valley section 307(b) of the Communications (1968), we think that, under the circum­ City, N. Dak. A grant of the application Act of 1934, as amended, with respect to stances of this case, a waiver of the riile would authorize a fourth commonly whether the proposed operation would is warranted. The possibility of inter­ owned VHF television broadcast station constitute an efficient use of the ference is remote because of the relatively in the market which might result in a frequency. small amount of short-spacing involved regional concentration of control incon­ (2) To determine whether, in light of (1.6 miles) and because the translator sistent with provisions of § 73.636 of the facts outlined above, a grant of the station in Dickinson operates With only the Commission’s rules. Accordingly, an application would result in a concentra­ appropriate issue will be specified. tion of control inconsistent with the pro­ 7. North Dakota has failed to dehion- visions of § 73.636 of the Commission’s 1 Spokane asserts standing as a party in strate that it is financially qualified to rules. interest and requests waiver of the 30 day construct ajnd operate the proposed requirement for filing petitions to deny. In 1 view of our disposition of objections on the broadcast station for a period of year, * Consisting of down payment on equip­ merits, we do not reach the question of see Ultravision Broadcasting Company, 1 ment ($11,111), first-year payments on standing. FCC 2d 544, 5 R.R. 2d 343 (1965). Based equipment including interest ($21,587), land 2 Section 73.610(b)(1) provides that the upon information contained in the ap­ ($500), buildings ($16,900), miscellaneous minimum oochannel station separation for plication, at least $86,848 will be needed expenses ($750), and fljst-year operating stations in Zone II is 190 miles. for the construction and first-year op­ costs ($36,000).

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 NOTICES 7193

(3) To determine whether, the bank [Docket Nos. 18531, 18532; FOC 69-425] Released: April 28, 1969.- loan from-The Fargo National Bank is VISTA BROADCASTING CO.f INC., F ederal Communications available, and, if so, the terms of repay­ AND KNET, INC. Commission,1 ment, and conditions, if any, of the loan. [seal] B en F. Waple, (4) In view of the evidence adduced Order Designating Applications for Secretary. under issue “3” the extent, if any, to Consolidated Hearing oh Stated [F.R. Doc. 69-5200; Filed, Apr. 30, 1969; which the cash requirement will be in­ 8:49 a.m.] . creased by the first-year repayments on Issues the bank loan. In re applications of Vista Broadcast­ (5) To determine whether, in view of ing Co., Inc., Palestine, Tex., Requests: the evidence adduced under issues “3” 94.3 mcs, No. 232; 3 kw.; 300 feet, Docket and “4,” North Dakota has available suf­ No. 18531, File No. BPH-6292; Knet, Inc., FEDERAL MARITIME COMMISSION ficient funds to meet its cash require­ Palestine, Tex., Requests: 94.3 mcs, No. [Commission Order 1 (Revised), Arndt. 4] ments, and if not, whether North Da­ 232; 3 kw.; 300 feet, Docket No. 18532, kota will have available additional suf­ File No. BPH-6405; for construction MANAGING DIRECTOR ficient resources to supplement available permits. Delegation of Authority funds. 1. The Commission has under con­ (6) To determine whether, in light of sideration the above captioned and de­ Section 7 Specific authorities dele­ the evidence adduced under issues “3,” scribed applications which are mutually gated to the Managing Director is hereby “4,” and “5,” the applicant is financially exclusive in that operation by the appli­ amended as follows: qualified. cants as proposed would result in mu­ A new section 7.15 is added to read as (T) To determine the efforts made by tually destructive interference. follows: North Dakota, to ascertain the commu­ 2. Each of the applicants is qualified 7.15 Authority to issue notices of nity needs and interests of the area to to construct and operate as proposed. intent to cancel inactive tariffs of car­ be served and the means by which the However, because of their mutual exclu­ riers in the domestic offshore trades, applicant proposes to meet those needs sivity, the Commission is unable to make after a diligent effort has been made to and interests. locate the carrier without success, or if a statutory finding that a grant of the the carrier has advised the Commission (8) To determine, in light of the evi­subject applications would serve the dence adduced pursuant to the above public interest, convenience, and neces­ that it no longer offers a domestic com­ issues, whether a grant of the applica­ sity, and is of the opinion that they must mon carrier service but refuses to cancel tion would serve the public interest, con­ be designated for hearing in a consoli­ its tariff upon written request; and to venience, and necessity. cancel such tariff if within 30 days after dated proceeding on the issues set forth publication, the carrier does not furnish 11 . I t is further ordered, That, in the below. event that this application is granted, reasons why such tariff should not be 3. It is ordered, That, pursuant to sec­ canceled. §73.610 of the Commission’s rules shall tion 309(e) of the Communications Act be waived. J o h n Harllee, 12. It is further ordered, That, Spokane of 1934, as amended, the applications are Rear Admiral, designated for hearing in a consolidated U.S. Navy (Retired), Chairman. Television, Inc., on the Commission’s proceeding, at a time and place to be own motion, is made a party to the pro­ specified in a subsequent order, upon the [F.R. Doc. 69-5207; Filed, Apr. 30, 1969; ceeding. following issues: 8:49 a.m.] 13. It is further ordered, That, to avail themselves of the opportunity to be (1) To determine which of the pro­ heard, the parties herein, pursuant to posals would, on a comparative basis, [Commission Order 201.1 (Revised), Amdt. 5] § 1.221(c) of the Commission’s rules, in better serve the public interest. (2) To determine in the light of the DIRECTOR, BUREAU OF DOMESTIC person or by attorney, shall within REGULATION twenty (20) days of the mailing of this evidence adduced pursuant to the fore­ order, file with the Commission, in trip­ going issue, which of the applications for Redelegation of Authority licate, a written appearance stating an construction permit should be granted. intention to appear on the date fixed 4. It is further ordered, That to avail Section 6 Specific authorities redele­ for the hearing and present evidence on themselves of the opportunity to be gated to the Director, Bureau of Domes­ heard, the applicants, pursuant to tic Regulation is hereby amended as the issues specified in the order. follows: 14. It is further ordered, That, North § 1.221(c) of the Commission’s rules, in Dakota Broadcasting Co., Inc., pursuant person or by attorney shall, within A new section 6.10 is added to read to section 311(a) (1) of the Commission’s twenty (20) days of the mailing of this as follows: rules, shall give notice of the hearing, order, file with the Commission, in tripli­ 6.10 Authority to issue notices of in­ within the time and in the manner pre­ cate, a written appearance stating an tent to cancel inactive tariffs of carriers scribed in such rule, and shall advise intention to appear on the date fixed in the domestic offshore trades, after a the Commission of the publication of for the hearing and present evidence on diligent effort has been made to locate such notice as required by § 1.594(g) of the issues specified in this order. the carrier without success, or if the car­ the Commission’s rules. 5. It is further ordered, That the ap­ rier has advised the Commission that it plicants herein shall, pursuant to sec­ no longer offers a domestic common car­ Adopted: April 23, 1969. tion 311(a)(2) of the Communications rier service but refuses to cancel its tariff Released: April 28,1969. Act of 1934, as amended, and § 1.594 of upon written request; and to cancel such the Commission’s rules, give notice of tariff if within 30 days after publication, F ederal Communications the hearing, either individually or, if the carrier does not furnish reasons why Commission,4 feasible and consistent with the rules, such tariff should not be canceled. [seal] B en F. W aple, jointly, within the time and in the man­ Secretary. J ames E. Mazure, ner prescribed in such rule, and shall ad­ Acting Managing Director. [F.R. £oc. 69-5199; Filed, Apr. 30, 1969; vise the Commission of the publication 8:49 a.m.] [F.R. Doc. 69-5208; Filed, Apr. 30, 1969; of such notice as required by § 1.594(g) 8:49 ajn.] of the rules. * Commissioner Bartley absent; Commis­ sioner Robert E. Lee concurring in the result. Adopted: April 23, 1969. 1 Commissioner Bartley absent.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 7194 NOTICES {Docket No. 69-21] Office of Hearing Examiners and that operated in the Arabian/Persian Gulf Trade the hearing be held at a date and a place for the account of a carrier not a party hereto TRANSCONEX, INC. nor solicit, arrange for, book or re-book cargo to be determined and announced by the on such a vessel. General Increase In Rates in U.S. South presiding examiner; Atlantic/Ruerto Rico-Virgin Islands It is further ordered, That (I) a copy Dated; April 28, 1969. of this order shall forthwith be served on Trades; Order of Investigation the respondent herein, (II) the said re­ By order of the Federal Maritime spondent be duly notified of the time Commission. There has been filed with the Federal T homas Lisi, Maritime Commission by Transconex, and place of the hearing, and (HI) this Secretary. Inc., a nonvessel operating common car­ order be published in the F ederal R egis­ rier by water in the domestic trades, the ter and notice of hearing be served upon [F.R. Doc. 69-5210; Piled, Apr. 30, 1960; following revised pages to its Freight respondent. 8:50 am.] Tariff FMC-F No. 1 scheduled to become All persons (including individuals, cor­ effective April 30, 1969, which generally porations, associations, firms, partner­ INDIA, PAKISTAN, CEYLO N AND increase rates and charges in the subject ships, and public bodies) having an in­ trades: terest in this proceeding and desiring to BURMA OUTWARD FREIGHT CONFERENCE Second Revised Page 8. intervene therein, should notify the Third Revised Page 9. Secretary of the Commission promptly Notice of Agreement Filed for Second Revised Page 15. and file petitions for leave to intervene in Third Revised Page 16. accordance with Rule 5(1) of the Com­ Approval Third Revised Page 18. mission’s rules of practice and pro­ Notice is hereby given that the fol­ Sixth Revised Page 19. cedure (46 CFR 502.72) with a copy to Seventh Revised Page 20. lowing agreement has been filed with Eighth Revised Page 21. all parties to this proceeding. the Commission for approval pursuant Fourth Revised Page 21-A. By the Commission. to section 15 of the Shipping Act, 1916,- First Revised Page 22. as amended <39 Stat. 733, 75 Stat. 763, Second Revised Page 23. [seal] T homas Lis i, 46 U.S.C. 814). Second Revised Page 24. Secretary. Interested parties may inspect and ob­ Third Revised Page 25. [F.R. Doc. 69-5209; Filed, Apr. 30, 1969; tain a copy of the agreement at the Third Revised Page 26. 8:50 a.m.] Second Revised Page 27. Washington office of the Federal Mari­ Second Revised Page 28. time Commission, 1405 I Street NW., Second Revised Page 29. room 1202; or may inspect agreements Fifth Revised Page 30. 8900 LINES RATE AGREEMENT at the office of the District Managers, Fifth Revised Page 31. Notice of Agreement Filed for New York, N.Y., New Orleans, La., and Fifth Revised Page 32. San Francisco, Calif. Comments with ref­ Fifth Revised Page 33. Approval erence to an agreement including a re­ Seventh Revised Page 34. Third Revised Page 34-A. Notice is hereby given that the follow­ quest for hearing, if desired, may be sub­ Third Revised Page 34—B. • ing agreement has been filed with the mitted to the Secretary, Federal Mari­ Third Revised Page 35. Commission for approval pursuant to time Commission, Washington, DC. Fourth Revised Page 36. section 15 of the Shipping Act, 1916, as 20573, within 20 days after publication of Second Revised Page 37. amended (39 Stat. 733, 75 Stat. 763, 46 this notice in the F ederal R egister. A Second Revised Page 38. U.S.C. 814). copy of any such statement should also Second Revised Page 39. be forwarded to the party filing the Second Revised Page 40. Interested parties may inspect and ob­ Second Revised Page 41. tain a copy of the agreement at the agreement (as indicated hereinafter) Second Revised Page 42. Washington office of the Federal Mari­ and the comments should indicate that time Commission, 1405 I Street NW., this has been done. Upon consideration of the said tariff room 1202; or may inspect agreements Notice of agreement filed for approval pages there is reason to believe that the at the office of the District Managers, by; increased rates and charges, and the New York, N.Y., New Orleans, La., and Mr. William L. Hamm, General Secretary, governing rules and regulations, should San Francisco, Calif. Comments with The India, Pakistan, Ceylon and Burma be made the subject of a public investi­ reference to an agreement including a Outward Freight Conference, 25 Broadway, gation and hearing to determine whether request for hearing, if desired, may be New York, N.Y. 10004. they would be unjust, unreasonable or submitted to the Secretary, Federal Agreement No. 7690-12 between the otherwise unlawful under section 18(a) Maritime Commission, Washington, D.C. member lines of the India, Pakistan, Cey­ of the Shipping Act, 1916 and/or sections 20573, within 20 days after publication lon and Burma Outward Freight Con-s 3 and 4 of the Intercoastal Shipping Act, of this notice in the F ederal R egister. ference, operating in the trade from 1933, and good cause appearing A copy of any such statement should also UJ3. Atlantic and Gulf of Mexico ports therefore: be forwarded to the party filing the to ports in India, Pakistan, Ceylon, and I t is ordered, That pursuant to the au­ agreement (as indicated hereinafter) Burma, modifies the basic agreement by thority of sections 18(a) and 22 of the and the comments should indicate that amending paragraph 7 which presently Shipping Act, 1916; and sections 3 and 4 this has been done. provides that prepayment of rates or of the Intercoastal Shipping Act, 1933, Notice of agreement filed for approval other charges for transportation within an investigation is hereby instituted into by; the scope of the agreement may be ac­ the lawfulness of the said tariffs with a cepted in freely convertible and readily view to making such findings and orders Stanley O. Sher, Esquire, Bebehick, Sher & Kushnick, 919 18th Street NW., Washing­ transferable Indian Rupees. Paragraph in the premises as the facts and circum­ ton, D.C.20006. 7 further provides that it may be stances warrant. In the event the matter amended upon consent of three-quarters hereby placed under investigation is Agreement No. 8900-3, between the of the member lines entitled to vote at changed or amended before this investi­ members of the 8900 Lines Rate Agree­ the time the amendment may be made, gation has been concluded, such changed ment, operating in the trade from U.S. but no such amendment shall become or amended matter will be included in Atlantic and Gulf ports to Persian Gulf effective until 60 days after its adoption, this investigation; ports between Karachi and Aden, both unless such amendment is adopted by It is further ordered, That Trans­ excluded, modifies the basic agreement the unanimous consent of the members conex, Inc. be named as respondent in by adding the following new paragraph entitled to vote at the time any such this proceeding; No. 7: amendment may be made. It is further ordered, That the pro­ 7. Activities with Nonmember Carriers. No The modification provides : “Any such ceeding be assigned for public hearing party hereto or its agents shall directly or amendment shall deal only with matters before an examiner of the Commission’s indirectly charter space on a vessel being relating to Indian Rupees.”

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 NOTICES 7195 The intent is to clarify that the afore­ [Independent Ocean Freight Forwarder to submit the aforesaid statements to­ mentioned voting procedure applies to License 1193] gether with the required bond shall re­ paragraph 7 only. RICHARD M. COSTIGAN sult in formal determination by the Dated: April 28,1969. Commission of licensee’s eligibility to be Suspension of License reinstated as an independent ocean By order of the Federal Maritime freight forwarder. Commission. By letter dated April 11, 1969, Richard M. Costigan, 2116 North 117th Street, It is further ordered, That a copy of Thomas Lisi, this-order be published in the F ederal Secretary. Seattle, Wash., advised that he volun­ tarily was canceling his surety bond, and R egister and served upon the licensee. [F.R. Doc. 69-5211; Filed, Apr. 30, 1969; requested that his independent ocean Leroy F. F uller, 8:50 a.m.] freight forwarder license No. 1193 be sus­ Director, pended until such time as active status is Bureau of Domestic Regulation. MEDCHI FREIGHT POOL again desired. [F.R. Doc. 69-5213; Filed, Apr. 30, 1969; Section 510.9(e) of the Commission’s 8:50 a.m.] Notice of Agreement Filed for General Order 4 states, in pertinent part: Approval A license will be automatically suspended or revoked, without hearing or other pro­ Notice is hereby given that the follow­ ceeding, for failure of a licensee to maintain FEDERAL POWER COMMISSION ing agreement has been filed with the a valid surety bond on file. The Commission Commission for approval pursuant to Upon receipt of notice of cancellation of any [Dockets Nos. RI69-430—RI69-432] section 15 of the Shipping Act, 1916, as bond, will notify the licensee in writing that amended (39 Stat. 733, 75 Stat. 763, 46 his license will automatically be suspended MOBIL OIL CORP. ET AL. U.S.C. 814). or revoked, effective on the bond cancellation date, unless a new or reinstated bond is sub­ Order Amending Orders Providing for Interested parties may inspect and ob­ mitted to and approved by the Commission Hearings on and Suspension of tain a copy of the agreement at the prior to such date. Washington office of the Federal Mari­ Proposed Changes in Rates To Per­ time Commission, 1405 I Street NW., Absent extreme hardship or reason­ mit Substitute Rate Filings able justification, the Commission’s pol­ Boom 1202; or may inspect agreement at April 23,1969. the offices of the District Managers, New icy is to disallow indefinite suspensions. Therefore, by letter dated April 23, 1969,. Mobil Oil Corp. (Operator) et al., York, N.Y., New Orleans, La., and San docket No. RI69-430; Mobil Oil Corp., Francisco, Calif. Comments with refer­ the Bureau of Domestic Regulation no­ tified Mr. Costigan that a temporary sus­ docket No. RI69-431; Northern Natural ence to an agreement including a request Gas Producing Co., docket No. RI69-432. for hearing, if desired, may be submitted pension of his license -would be allowed to the Secretary, Federal Maritime Com­ to commence May 14, 1969 (the surety On December 5 and 6, 1968, Mobil Oil mission, Washington, D.C. 20573, within bond termination date), and terminate Corp. (Operator) et al., and Mobil Oil 20 days after publication of this notice in December 31, 1969, without prejudice to Corp. (both referred to herein as Mobil), the F ederal R egister. A copy of any automatic reactivation of his license on filed with the Commission proposed rate such statement should also be forwarded January 1, 1970, provided certain con­ changes1 which pertain to Mobil’s juris­ to the party filing the agreement (as in­ ditions, hereinbelow set forth, were met. dictional sales of natural gas in the San dicated hereinafter) and the comments Accordingly, by virtue of authority Juan Basin Area to El Paso Natural Gas should indicate that this has been done. vested in me by the Federal Maritime Co. (El Paso). On December 5, 1968, Notice of agreement filed for approval Commission as set forth in Manual of Northern Natural Gas Producing Co. Orders, Commission Order 201.1, section (Northern Natural) filed two proposed by: rate increases, among others, for its sales Mr. Eric G. Brown, Secretary, Medchi Freight 6.03: It is ordered, That the independent of gas from the San Juan Basin Area to Pool, 10 Place De La Joliette (2me), El Paso.2 The Commission by order issued Bouches-Du-Rhone, Marseilles, France. ocean freight forwarder license No. 1193 of Richard M. Costigan be and is hereby December 31, 1968, in dockets Nos. RI69- Agreement No. 9020-7 modifies the suspended effective May 14, 1969, for 430 and RI69-431 (Mobil) and RI69- basic pooling agreement as follows: automatic reissuance not later than 432 (Northern Natural) suspended, 1. Eliminates temporary provisions January 1, 1970, provided: among others, for 5 months Mobil and which substitute calls at Cadiz for calls 1. License No. 1193 is returned Northern Natural’s proposed rate in­ at Seville and extend all related pool promptly to the Commission to be held creases until June 5 and 6,1969, as shown activities to that port. in suspension for a period not longer in Appendix A, and thereafter until made than December 31, 1969; effective in the manner prescribed by the 2. Makes “Automobiles new, unli­ Natural Gas Act. censed, unboxed, not privately owned” 2. Richard M. Costigan submits to the an unrestricted exception to those car­ Commission on or before December 31, On March 24, 1969, Mobil and North­ goes covered by the pooling agreement. 1969, a new and valid surety bond as re­ ern Natural filed for tax reimbursement quired by General Order 4, and a state­ on rates which were previously sus­ 3. Makes changes in the carrying pended. Mobil and Northern Natural money for which Commission approval ment attesting to complete inactivity as an independent ocean freight forwarder inadvertently omitted from their original is not required. during the period of suspension; and filings tax reimbursement for the full 4. Adds new provisions which will 3. Richard M. Costigan submits, to­ 2.55 percent New Mexico Emergency cause a member line’s pool share to be re­ gether with the aforesaid new bond and School Tax and have submitted revised rate changes to reflect such tax reim­ duced during any pool period for failure statement of inactivity, a true statement bursement. The proposed substitute rate to effect the minimum number of loading of any changes in the facts called for in Form FMC-18 (application form to filings are set forth in Appendix A or discharge calls even though it carried operate as an independent ocean freight hereof. more than its quota. forwarder) occurring during the period Dated: April28,1969. of suspension. It is further ordered, That failure to 1 Designated as Supplement No. 13 to Mobil By order of the Federal Maritime submit the required bond within the Oil Corp. (Operator) et al., FPC Gas Rate Commission. Schedule No. 38, and Supplement Nos. 14 and time stated above shall result in auto­ 9 to Mobil Oil Corp.’s FPC Gas Rate Schedule Thomas Lisi, matic revocation of license No. 1193 Secretary. Nos. 314 and 427, respectively. effective January 1, 1970; such revoca­ 2 Designated as Supplement Nos. 12 and 13 [F.R. Doc. 69-5212; Filed, Apr. 30, 1969; tion to be without prejudice to reapplica­ to Northern Natural’s FPC Gas Rate Schedule 8:50 a.m.] tion for a license at a later date. Failure Nos. 26 and 27, respectively.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 7196 NOTICES

Mobil and Northern Natural’s revised On February 20, 1969, the suspension 6, 1969) (Mobil) and June 5, 1969 rate filings reflect partial reimbursement order issued in Docket No. RI69-431 was (Northern Natural) of the original irate for the full 2.55 percent New Mexico amended only so far as to permit Mobil’s filings in said dockets. Emergency School Tax which was in­ two proposed contract amendments add­ The Commission orders: creased on April 1, 1963. The buyer, El ing acquired acreage and proposed rate (A) The suspension order issued De­ Paso, in accordance with its policy of increase, designated as Supplement No. cember 31, 1968, in Docket No. RI69-430 protesting tax filings proposing reim­ 9 to Mobil’s FPC Gas Rate Schedule No. et al., and the amending order issued bursement for the New Mexico Emer­ 427 to be filed and suspended in Docket February 20, 1969, in Docket No. RI69- gency School Tax in excess of 0.55 per­ No. RI69-431. The suspension period for 431, be amended, insofar as Dockets Nos. cent, is expected to file a protest to these such filing will terminate concurrently RI69-430, RI69-431, and RI69-432 are rate increases. El Paso questions the with the suspension period (June 6,1969) Concerned, to reflect the increased rates right of the producer under the tax reim­ in effect in said docket for Supplement set forth in Appendix A hereof in lieu of bursement clause to file a rate increase No. 8 to Mobil’s FPC Gas Rate Schedule the increased rates shown in the above reflecting tax reimbursement computed No. 427. orders, subject to the suspension pro­ on the basis of an increase in tax rate Mobil and Northern Natural’s pro­ ceedings in Dockets Nos. RI69-430, RI69- by the New Mexico Legislature in excess posed rates exceed the area ceiling for 431, and RI69-432. The suspension of 0.55 percent. While El Paso concedes increased rates in the San Juan Basin periods for such substitute filings shall that the New Mexico tax legislation ef­ Area as announced in the Commission’s terminate concurrently with the suspen­ fected a higher rate of at least 0.55 per­ statement of general policy No. 61-1, as sion periods (June 5 and 6,1969) (Mobil) amended, as did the previously suspended and June 5, 1969 (Northern Natural) of cent, it claims there is controversy as to rates in said dockets. Consistent with whether or not the new legislation ef­ the original rate filings in said dockets. prior Commission action on similar rate (B) In all other respects, the order is­ fected an increase in excess of 0.55 per­ filings, we conclude that it would be in cent. In view of the contractual problem the public interest to accept Mobil and sued by the Commission on December 31, presented, we shall provide that the Northern Natural’s revised notices of 1968, in Dockets Nos. RI69-430, RI69- hearings herein shall concern themselves change in rates subject to the suspen­ 431, and RI69-432, shall remain un­ sion proceedings in Dockets Nos. RI69- changed and in full force and effect. with the contractual basis for the rate 430, RI69-431, and RI69-432, with the filings, as well as the statutory lawful­ suspension periods for such substitute By the Commission. ness of Mobil and Northern Natural’s rate filings to terminate concurrently [seal] G ordon M. G rant, proposed increased rates and charges. with the suspension periods ( June 5 and Secretary. A ppendix A

Cents per Mcf Rate in Rate Sup- Amount Effective effect sub- Docket sched- pie- of Date date Date ject to No. Respondent ule ment Purchaser and producing area annual filing unless suspended Rate in Proposed refund in No. No. increase tendered suspended until— effect increased dockets rate Nos.

RI69-430-.. Mobil Oil Corp. (Operator) 38 1 to 13 E l Paso Natural Gas Co. (Jicarilla $6,080 3-24-69 1 4-24-69 3 6-5-69 6 7 15.0541 34815.2510 et al., Post Office Box Area, Rio Arriba County, N . Mex.) 1,756 7 3 13.0469 3 4 5 3 13. 2175 1774, Houston, Tex. (San Juan Basin Area). 77001, Attention: R. D. Howarth, Esq. RI69-431-.. Mobil Oil Corp...... 314 Ito 14 El Paso Natural Gas Co. (San Juan 976 3-24-69 «4-24-69 »6-5-69 «« 14.0578 3 4 8 14.2678 Basin Field, San Juan and Rio Arriba Counties, N , Mex.) (San Juan Basin Area). ____do______427 10 El Paso Natural Gas Co. (Flora Vista 473 3-24-69 ‘ 4-24-69 «» 6-6-69 «» 15. 0619 3 4 8 15.2869 Field, San Juan County, N. Mex.) (San Juan Basin Area). RI69-432... Northern Natural Gas 27 Ito 13 El Paso Natural Gas Co. (Basin 579 3-24-69 «4-24-69 13 6-5-69 14 14.0505 3 4 8 14.2343 Producing Co., Post Dakota Field, San Juan and Rio Office Box 1774, Arriba Counties, N . Mex.) (San Houston, Tex. 77001, Juan Basin Area). Mr. R. D. Howarth, Esq. ____do...... 26 1 to 12 - „ ..d o ...... 450 3-24-69 » 4-24-69 «»6-5-69 M 14.0505 3 4 8 14.2343

1 The stated effective date is the first day after expiration of the statutory notice, 7 Rate suspended in Docket No. RI69-430 until June 5, 1969. s End of the suspension period for the previously filed rates- in Docket No. RI69- 3 Low pressure gas. 430. 6 End of the suspension period for the previously filed rate in Docket No. RI69-431, 3 Tax reimbursement increase. 10 Rate suspended in Docket No. RI69-431 until June 5,1969. 4 Pressure base is 15.025 p.s.i.a. 11 End of the suspension period for the previously filed rate in Docket No. RI69-431, 5 Includes partial reimbursement for the full 2.55 percent New Mexico Emergency 11 Rate suspended in Docket No. RI69-431 until June 6, 1969. School Tax. 33 End of the suspension period for the previously filed rate in Docket No. RI69-432. 3 High pressure gas. u Rate suspended in Docket No. RI69-432 until June 5,1969. [F.R. Doc. 69-5080; Filed, Apr. 30, 1969; 8:45 a.m.]

[Docket No. RI69-720] The proposed changed rate and charge and procedure, a public hearing shall be SOHIO PETROLEUM CO. may be unjust, unreasonable, unduly held concerning the lawfulness of the discriminatory, or preferential, or other­ proposed change. Order Providing for Hearing on and wise unlawful. (B) Pending hearing and decision Suspension of Proposed Change in The Commission finds: It is in the thereon, the rate supplement herein is Rate, and Allowing Rate Change public interest and consistent with the suspended and its use deferred until date To Become Effective Subject to Natural Gas Act that the Commission shown in the “Date Suspended Üntil” enter upon a hearing regarding the law­ column, and thereafter until made effec­ Refund fulness of the proposed change, and that tive as prescribed by the Natural Gas April 23, 1969. the supplement herein be suspended and Act: Provided, however, That the supple­ Respondent named herein has filed a its use be deferred as ordered below. ment to the rate schedule filed by Re­ proposed change in rate and charge of The Commission orders: spondent shall become effective subject a currently effective rate schedule for (A) Under the Natural Gas Act, par­to refund on the date^and in the manner the sale of natural gas under Commis­ ticularly sections 4 and 15, the regula­ herein prescribed if within 20 days from sion jurisdiction, as set forth in Appen­ tions pertaining thereto (18 CFR Ch. I), the date of the issuance of this order dix A hereof. and the Commission’s rules of practice Respondent shall execute and file under

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1 1969 NOTICES 7157 its above-designated docket number with such agreement and undertaking shall be altered, shall be changed until dispo­ the Secretary of the Commission its be deemed to have been accepted.1 sition of this proceeding or expiration of agreement and undertaking to comply (C) Until otherwise ordered by thethe suspension period. with the refunding and reporting proce­ Commission, neither the suspended sup­ (D) Notices of intervention or peti­ plement, nor the rate schedule sought to tions to intervene may be filed with the dure required by the Natural Gas Act Federal Power Commission, Washing­ and § 154.102 of the regulations there­ 1 If an acceptable general undertaking, as ton, D.C. 20426, in accordance with the under, accompanied by a certificate provided in Order No. 377, has previously been rules of practice and procedure (18 CFR showing service of a copy thereof upon filed by a producer, then it will not be neces­ 1.8 and 1.37(f)) on or before June 9, sary for that producer to file an agreement 1969. the purchaser under the rate schedule and undertaking as provided herein. In such involved. Unless Respondent is advised circumstances the producer’s proposed in­ By the Commission. to the contrary within 15 days after the creased rate will become effective as of the expiration of the suspension period without [ s e a l ] G o r d o n M . G r a n t , filing of its agreement and undertaking, any further action by the producer. Secretary. Appendix A

Csnts per Mcf Bate in Bate Sup- Amount Date Effective Date Z. ______effect sub- Docket Bespondent sched- ple- Purchaser and producing area of filing date suspended ject to No. ule ment annual tendered unless until— Bate in Proposed refund in No. No. increase suspended effect increased dockets rate Nos.

RI69-720-. Sohio Petroleum Co., 970 145 2 Phillips Petroleum Co.* (West Pan­ $498 4-2-69 * 6-16-69 * 5-17-69 »13.0 *•»14.0 ’ First National Bari handle Field, Hutchinson County, Annex, Oklahoma City, Tex.) (EB. District No. 10). Okla. 73102.

* It cannot be determined to which of Phillips’ plants in the area the gas Involved * The suspension period is limited to 1 day. is dedicated. Phillips resells the residue gas from such plants to interstate pipeline * Periodic rate increase. companies at rates which are in effect subject to refund. * Pressure base is 14.65 p.s.i.a. * The stated effective date is the contractual effective date. »Sweet gas rate. Buyer deducts 0.4466 eent if gas is sour. Sohio Petroleum Co. (Sohio)" proposes a gas to interstate pipeline companies at rates Phillips’ resale rates are in effect subject tn periodic rate increase from 13 cents to 14 which are in effect subject to refund. Sohio’s refund, we conclude that Sohio’s rate in­ cents per Mcf for a wellhead sale of gas to proposed rate exceeds the area increased rate Phillips Petroleum Co. (Phillips) from the crease should be suspended for one day from West Panhandle Field, Hutchinson County, ceiling for Texas Railroad District No. 10 as May 16, 1969, the proposed effective date. announced in the Commission’s statement of Tex. (Railroad District No. TO). Phillips [F.R. Doc. 69-5081; Filed, Apr, SO, 1969; gathers and processes the gas and resells the general policy No. 61—1, as amended. Since 8:45 a.m.]

[Docket No. RI69-711 etc.] UNION OIL COMPANY OF CALIFORNIA ET AL. Order Accepting Contract Agreement, Providing for Hearings on and Suspension of Proposed Changes in Rates 1

April 23, 1969. - ^he above-named Respondents have tendered for filing proposed changes in presently effective rate schedules for sales of natural gas subject to the jurisdiction of the Commission. The proposed changes which constitute increased rates and charges, are designated as follows:

1 Does not consolidate for hearing or dispose of the several matters herein.

Cents per Mcf Bate in Bate Sup­ Amount Effective Docket sched­ ple­ of Date date No. Respondent Date ject to ule ment Purchaser and producing area annual filing unless suspended Bate In Proposed refund in No. No. increase tendered suspended until— effect increased dockets rate Nos.

R169-711.. Union Oil Co. of Califor­ 24 9 Northern Natural Gas Co. (Farns­ $108 4- 2-69 *5-3-69 10- 3-69 * 17.0 nia, Union Oil Center worth Unit, Ochiltree County, 8 * » 18.6 Center, Los Angeles, Tex.) (RR. District No. 10). Calif. 90017. R169-712.. Service Gas Products Co. 1 6 Lone Star Gas Co. (Doyle Plant, 12,940 4- 3-69 * 5- 4-69 10- 4-69 » 14 0 * • 15.0 (Operator), 1010 Stephens County, Okla.) (Okla­ Wilshire Blvd., Los homa “Other” Area). Angeles, Calif. 90017. ___ do...... 2 3 Lone Star Gas Co. (Aylleworth 12,910 4- 3-69 *5- 4-69 10- 4-09 »12.0 , **13.0 Plant, Marshall County, Okla.) (Oklahoma “Other” Area). __do...... 3 6 Lone Star Gas Co. (West Hoover 1,250 4- 3-69 *5- 4-69 10- 4-69 *140 «* 15.0 Plant, Carter County, Okla.) (Oklahoma “Other” Area). ___ do...... 4 1 ___ do—______11,620 4- 3-69 *5- 4-69 10- 4-69 15.0 * * 17.0 ___ do...... 5 2 Lone Star Gas Co. (Doyle Plant, 69,900 4- 3-69 *5- 4-69 10- 4 69- 15.0 *817.0 Stephens County, Okla.) (Okla­ homa “Other” Area). R169-713.. Skelly Oil Co., Post Office 231 2 Arkansas Louisiana Gas Co. (South­ 640 4- 3-69 *5- 4-69 10- 4-69 15.0 ** 16.0 Box 1650, Tulsa, Okla. east Lacy Field, Blaine County, „ 74102. Okla.) (Oklahoma “Other” Area). R169-714.. Sinclair Oil Corp., Post 1*399 2 Natural Gas Pipeline Co. of America 705 3-28-69 »4-28-69 9-28-69 «17.0 *18 11 18. 5 Office Box 521, Tulsa, (East Laketon Field, Gray Coun­ Okla. 74102. ty, Tex.) (RR. District No. 10). See footnotes at end of table.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 No. 83 -11 7198 NOTICES

Cents per Mcf Rate in Rate Sup­ Amount Effective effect sub- Docket sched­ ple­ of Date date Date ject to No. Respondent ule ment Purchaser and producing area annual filing unless suspended Rate in Proposed refund in No. No. increase tendered suspended until— effect increased dockets rate Nos.

RI69-715... Skelly Oil Co. (Operator) 136 18 6 El Paso Natural Gas Co. (Bisti $1,061 4- 3-69 »5-4-69 10- 4-69 14.0578 8 44 16.0619 RI64-498. et al., Post Office Box Field, San Juan County, N. Mex.) 1650, Tulsa, Okla. (San Juan Basin Area). 74102, Attention: David E. Byers, Esq. RI69-716- . Shell Oil Co., 50 West 305 6 El Paso Natural Gas Co. (South 365 3-27-69 *4-27-69 9-27-69 12.81 4 48 13.5705 50th St., New York, Andrews Field, Andrews County, N.Y. 10020, Attention: Tex.) (RR. District No. 8) F. E. Sweat, Manager, (Permian Basin Area). Natural Gas Sales. RI69-717. _ Bert Fields, Jr., 1181 12 2 El Paso Natural Gas Co. (Basin 600 3-24-69 * 4-24-69 9-24-69 1813.0 6 U W 14. o First National Bank Dakota Field, Rio Arriba County, Bldg., Dallas, Tex. N. Mex.) (San Juan Basin Area). 75202, Attention: Mark D. Jackman, Superin­ tendent. RI69-718. . El Paso Products Co.,47 1 «7 El Paso Natural Gas Co. (San Juan 4- 1-69 8 5- 2-69 (Accepted). Post Office Box 3986, 1 8 Basin Area, San Juan County, 9,037 4- 1-69 8 5- 2-69 10- 2-69 4812.0495 44 48 14.0578 RI64-652. Odessa, Tex. 79760, N. Mex.) (San Juan Basin Area). Attention: John B. Mason, Esq. RI69-719. . The Nueces Co. (Opera­ 3 12 El Paso Natural Gas Co. (Fort 41,173 4- 1-69 85- 2-69 10- 2-69 14.50 4 48 18.243 tor), 1001 Americana Stockton Field, Pecos County, Bldg., Houston, Tex. Tex.) (RR. District No. 8) (Per- 77002. mian Basin Area).

8 The stated effective date is the first day after expiration of the statutory notice. 18 Does not apply to acreage added by Supplements Nos. 3 and 5 for which gas s Respondent filing from initial certificated rate for acreage added by Supplement Skelly is receiving 13 cents per Mcf. No. 8 to present contract rate under periodic pricing provisions of contract. 14 Pressure base is 15.025 p.s.i.a. « Pressure base is 14.65 p.s.i.a. 48 Increase from applicable area ceiling rate to contract rate adjusted for quality. 8 Subject to a downward B.t.u. adjustment. 18 Does not include the 1 cent per Mcf minimum guarantee for liquids provided for 8 Periodic rate increase. in contract. i Settlement rate by order issued July 18,1966, in Dockets Nos. RI62-18 and RI63- 44 Subsidiary of El Paso Natural Gas Co. 249. Moratorium on rate increases on all rate schedules in excess of the area ceiling 18 Better agreement dated Jan. 25,1968, which provides for change in delivery from expired Apr. 1,1969. buyer’s high pressure line to buyer’s low pressure line and for payment under low 8 Two-step periodic rate increase. pressure contract (Rate Schedule No. 6). Also provides that buyer is not obligated 8 The stated effective date is the effective date requested by Respondent. to take or pay for, if not taken, any specific portion of gas but will take gas in a ratable io Respondent filing from initial certificated rate to initial contract rate. manner. ii Subject to downward and upward B .t.u. adjustment. 18 Rate provided for-in Rate Schedule No. 6 which is to govern the payment pro­ 18 Atlantic Richfield Co. filed notice of succession to all of Sinclair’s rate schedules vision for the subject gas. (Rate is effective subject to refund in Docket No. RI64-468.) on Mar. 17, 1969. Union Oil Company of California re­ Products’ proposed letter agreement to hereinafter ordered (except for the sup­ quests waiver of the statutory notice to become effective on May 2, 1969, the ex­ plement referred to in paragraph (1) permit its proposed rate increase to be­ piration date of the statutory notice, but above). come, effective as of the date of filing, not the proposed rate contained therein The Commission orders: April 2, 1969. Service Gas Products Co. which is suspended as hereinafter (A) Supplement No. 7 to El Paso (Operator) requests an effective date of ordered. Products’ FPC Gas Rate Schedule No. 1 April 1, 1969, for its proposed rate in­ The proposed changed rates and is accepted for filing and permitted to creases. Bert Fields, Jr., requests a retro­ charges may be unjust, unreasonable, become effective as of May 2, 1969, the active effective date of January 1, 1969 unduly discriminatory, or preferential, expiration date of the statutory notice. for his rate increase filing. Good cause or otherwise unlawful. (B) Pursuant to the authority of the has not been shown for waiving the 30- All of the producers’ proposed in­ Natural Gas Act, particularly sections 4 day notice requirement provided in sec­ creased rates and charges exceed the and 15 thereof, the Commission’s rules tion 4(d) of the Natural Gas Act to per­ applicable area price levels for increased of practice and procedure, and the reg­ mit earlier effective dates for the afore­ rates as set forth in the Commission’s ulations under the Natural Gas Act (18 mentioned producers’ rate filings and statement of general policy No. 61-1, as CFR Ch. I ) , public hearings shall be held such requests are denied. amended (18 CFR 2.56), with the ex­ upon dates to be fixed by notices from the The basic contract related to the pro­ ception of the rate increases filed by the Secretary concerning the lawfulness of posed rate increase filed by Bert Fields, producers in the Permian Basin Area the proposed increased rates and charges Jr. (Fields), contains a 1 cejit per Mcf which exceed the just and reasonable contained in the above-designated sup­ minimum guarantee for liquids provi­ fates established by the Commission in plements (except the supplement set sion but this 1 cent has been excluded Opinion No. 468, as amended, and should forth in paragraph (A) above). from the proposed rate. Fields is advised be suspended for five months as ordered (C) Pending hearings and decisions that a notice of change in rate will be herein. thereon, the above-designated rate sup­ required if he intends to collect the 1 cent The Commission finds: plements are hereby suspended and the per Mcf minimum guarantee for liquids (1) Good cause has been shown for use thereof deferred until the date indi­ in the future. See the Commission’s order accepting for filing the letter agreement cated in the “Date Suspended Until” issued December 7, 1967, in Docket No. filed by El Paso Products, as set forth column, and thereafter until such fur­ RI64-491 et al., Union Texas Petroleum, above, and for permitting such supple­ ther time as they are made effective in a Division of Allied Chemical Corpora­ ment to become effective on May 2, 1969, the manner prescribed by the Natural tion (Operator) et al. the expiration date of the statutory Gas Act. Concurrently with, the filing of its rate notice. (D) Neither the supplements hereby increase, El Paso Products Co. (El Paso (2) It is necessary and proper in the suspended, nor the rate schedule sought Products) submitted a letter agreement public interest and to aid in the enforce­ to be altered thereby, shall be changed dated January 25, 1968, designated as ment of the provisions of the Natural until these proceedings have been dis­ Supplement No. 7 to El Paso Products’ Gas Act that the Commission enter upon posed of or until the periods of suspen­ FPC Gas Rate Schedule No. 1, which pro­ hearings concerning the lawfulness of sion have expired, unless otherwise or­ vides the basis for its proposed rate in­ the proposed changes, and that the dered by the Commission. crease. We believe that it would be in the above-designated supplements be sus­ (E) Notices of intervention or peti­ public interest to accept for filing El Paso pended and the use thereof deferred as tions to intervene may be filed with the

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1989 NOTICES 7199 Federal Power Commission, Washing­ [811-1794] a hearing is ordered, will receive notice ton, D.C. 20426, in accordance with the TREDUOC FUND, INC. of further developments in this matter, rules of practice and procedure (18 CFR including the date of the hearing (if 1.8 and 1.37(f)) on or before June 9, Notice of Filing of Application for ordered) and any postponements thereof. 1969. Order Declaring That Company Has For the Commission (pursuant to By the Commission. Ceased To Be Investment Company delegated authority).

[seal] G ordon M. G rant, A p r i l 2 5 , 1 9 6 9 . [seal] Orval L. D uB ois, Secretary. Notice is hereby given that Treduoc Secretary. [F.R. Doc. 69-5082; FUed, Apr. 30, 1909; Fund, Inc., 245 Park Avenue, New York, [F.R. Doc. 69-5168; Filed, Apr. 30, 1969; 8:45 a.m.] N.Y. 10017 (“Applicant”), a Delaware 8:46 a.m.] corporation registered as a diversified closed-end investment company under the Investment Company Act of 1940 UNITED AUSTRALIAN OIL, INC. (“Act”), 15 U.S.C. section 80a-l et seq., Order Suspending Trading SECURITIES AND EXCHANGE has filed an application pursuant to sec­ tion 8 (f) of the Act for an order declaring April 25, 1969. COMMISSION that Applicant has ceased to be an in­ It appearing to the Securities and Ex­ [File No. 1-2250] vestment company as defined in the Act. change Commission that the summary COMSTOCK-KEYSTONE MINING CO. All interested persons are referred to suspension of trading in the common the application on file with the Commis­ stock of United Australian Oil, Inc., Dal­ Order Suspending Trading sion for a statement of the representa­ las, Tex., and all other securities of tions contained therein, which are sum­ April 25, 1969. United Australian Oil, Inc., being traded marized below. otherwise than on a national' securities It appearing to the Securities and Ex­ Applicant is now, and has been since exchange is required in the public inter­ change Commission that the summary its inception, a shell corporation with no est and for the protection of investors: suspension of trading in the common assets or stockholders. The original in­ It is ordered, Pursuant to section 15 stock and all other securities of Com- tent of the promoters to make a public (c) (5) of the Securities Exchange 'Act stock-Keystone Mining Co., now known offering of Applicant’s securities and to of 1934, that trading in such securities as Memory Magnetics International, Inc., engage in the business of investing, rein­ otherwise than on a national securities being traded otherwise than on a na­ vesting, owning, holding, and trading in exchange be summarily suspended, this tional securities exchange is required in securities has been abandoned. Applicant order to be effective for the period April the public interest and for the protection does not intend to issue any shares or to 26,1969, through May 5,1969, both dates of investors: operate in any manner whatsoever. inclusive. It is ordered, Pursuant to section Section 8 (f) of the Act provides, in By the Commission. 15(c) (5) of the Securities Exchange Act pertinent part, that when the Com­ of 1934, that trading in such securities mission, upon application, finds that [seal] Orval L. D uBois, otherwise than on a national securities a registered investment company has Secretary. exchange be summarily suspended, this ceased to be an investment company, it [F.R. Doc. 69-5172; Filed, Apr. 30, 1969; order to be effective for the. period shall so declare by order which, if nec­ 8:46 a.m.] April 26,1969, through May 3, 1969, both essary for the protection of investors, dates inclusive. may be made upon appropriate condi­ By the Commission. tions, and upon the taking effect of such [811-1793] order the registration of such company WELL-HART HEDGE FUND, INC. [seal] Orval L. D uB ois, shall cease to be in effect. Secretary. Notice is further given that any inter­ Notice of Filing of Application for [F A Doc. 69-5170; FUed, Apr. 30, 1969; ested person may, not later than May 20, Order Declaring That Company Has 8:46 ajn.] 1969, at 5:30 p.m., submit to the Com­ Ceased To Be Investment Company mission in writing a request for a hear­ ing on the matter accompanied by a A p r i l 25,1969. ELECTROGEN INDUSTRIES, INC. statement as to the nature of his inter­ Notice is hereby given that Well-Hart Order Suspending Trading est, the reason for such request and the Hedge Fund, Inc., 245 Park Avenue, New issues of fact or law proposed to be con­ York, N.Y. 10017 (“Applicant”) , a Dela­ April 25, 1969. troverted, or he may request that he be ware corporation registered as a diversi­ It appearing to the Securities and Ex­ notified if the Commission shall order a fied closed-end investment company un­ change Commission that the summary hearing thereon. Any such communica­ der the Investment Company Act of 1940 suspension of trading in the common tion should be addressed: Secretary, (“Act”), 15 U.S.C. section 80a-l et seq., stock and all other securities of Electro­ Securities and Exchange Commission, has filed an application pursuant to sec­ gen Industries, Inc., formerly Jodmar Washington, D.C. 20549. A copy of such tion 8(f) of the Act for an order declar­ Industries, Inc., may be known as Amer­ request shall be served personally or by ing that Applicant has ceased to be an ican Lima Corp., being traded other­ mail (airmail if the person being served investment company as defined in the wise than on a national securities ex­ is located more than 500 miles from the Act. All interested persons are referred change is required in the public interest point of mailing) upon the Applicant to the application on file with the Com­ and for the protection of investors: at the address set forth above. Proof of mission for a statement of the repre­ It is ordered, Pursuant to section such service (by affidavit or in case of sentations contained therein, which are 15(c) (5) of the Securities Exchange Act an attorney at law by certificate) shall of 1934, that trading in such securities be filed contemporaneously with the re­ summarized below. otherwise than on a national securities quest. At any time after said date, as Applicant is now, and has been since exchange be summarily suspended, this provided by Rule 0-5 of the rules and its inception, a shell corporation with no order to be effective for the period regulations promulgated under the Act, assets or stockholders. The original in­ April 27, 1969, through May 6, 1969, both an order disposing of the application tent of the promoters to make a public dates inclusive. herein may be issued by the Commission offering of Applicant’s securities and to upon the basis of the information stated By the Commission. in said application, unless an order for engage in the business of investing, re­ [seal] Qrval L. D uB ois, hearing upon said application shall be investing, Owning, holding, and trading Secretary. issued upon request or upon the Com­ in securities has been abandoned. Appli­ [F.R. Doc. 69-5171; FUed, Apr. 80, 1969; mission’s own motion. Persons who re­ cant does not intend to issue any shares 8:46 am.] quest a hearing or advice as to whether or to operate in any manner whatsoever.

FEDERAL REGISTER, V O L 34, NO. 83— THURSDAY, MAY h 1969 7200 NOTICES

Section 8(f) of the Act provides, in Liberty Plastics Co., Woods town, N.J. the application, or (2) that it wishes to pertinent part, that when the Commis­ Rodman H. Martin Co., Inc., Norristown, Pa. withdraw the application, failure in sion, upon application, finds that a regis­ The original list of applicants was pub­ which the application will be dismissed tered investment company has ceased lished in 28 F.R. 1817 (Feb. 27, 1963). by the. Commission. to be an investment company, it shall Further processing steps ^whether so declare by order which, if necessary Dated: April 22,1969. modified procedure, oral hearing, or for the protection of .investors, may be H il a r y S a n d o v a l , Jr., other procedures) will be determined made upon appropriate conditions, and Administrator. generally in accordance with the Com­ upon the taking effect of such order the [F.R. Doc. 69-5173; Filed, Apr. 30, 1969; mission’s General Policy Statement registration of such company shall cease 8:46 a.m.] Concerning Motor Carrier Licensing Pro­ to be in effect. cedures, published in the F e d e r a l R e g is ­ Notice is further given that any inter­ t e r issue of May 3,1966. This assignment ested person may, not later than May 20, will be by Commission order which will 1969, at 5:30 p.m., submit to the Com­ INTERSTATE COMMERCE be served on each party of record. mission in writing a request for a hear­ The publications hereinafter set forth ing on the matter accompanied by a reflect the scope of the applications as statement as to the nature of his inter­ COMMISSION filed by applicants, and may include de­ est, the reason for such request and the [Notice 1290] scriptions, restrictions, or limitations issues of fact or law proposed to be con­ MOTOR CARRIER, BROKER, WATER which are not in a form acceptable to troverted, or he may request that he be CARRIER, AND FREIGHT FOR­ the Commission. Authority which ulti­ notified if the Commission shall order a mately may be granted as a result of the hearing thereon. Any such communica­ WARDER APPLICATIONS applications hero noticed will not neces­ tion should be addressed: Secretary, A p r i l 2 5 ,1 9 6 9 . sarily reflect the phraseology set forth Securities and Exchange Commission, in the application as filed, but also will Washington, D.C. 20549. A copy of such The following applications are gov­ eliminate any restrictions which are not request shall be served personally or by erned by Special Rule 1.2471 of the Com­ mission’s general rules of practice (49 acceptable to the Commission. mail (airmail if the person being served No. MC 1459 (Sub-No. 5) (Amend­ CFR, as amended), published in the F e d ­ is located more than 500 miles from the ment) filed March 6, 1969, published in point of mailing) upon the Applicant at e r a l R e g is t e r issue of April 20, 1966, ef­ fective May 20, 1966. These rules pro­ the F e d e r a l R e g is t e r issue of April 4, the address set forth above. Proof of 1969, and republished as amended, this such service (by affidavit or in case of an vide, among other things, that a protest to the granting of an application must be issue. Applicant: ROYAL MOTOR EX­ attomey-at-law by certificate) shall be PRESS, INC., 410 West Silver Street, filed contemporaneously with th e . re­ filed with the Commission within 30 days after date of notice of filing of the ap­ Lebanon, Ohio 45036. Applicant’s repre­ quest. At any time after said date, as sentative: Richard H. Brandon, 79 East provided by Rule 0-5 of the rules and plication is published in the F e d e r a l R e g ­ i s t e r . Failure seasonably to file a protest State Street, Columbus, Ohio 43215. Au­ regulations promulgated under the Act, thority sought to operate as a contract an order disposing of the application will be construed as a waiver of opposi­ tion and participation in the proceeding. carrier, by motor vehicle, over irregular herein may be issued by the Commission routes, transporting: General commod­ upon the basis of the information stated A protest under these rules should comply in said application, unless an order for with § 1.247(d) (3) of the rules of prac­ ities (except those of unusual value, hearing upon said application shall be tice which requires that it set forth spe­ classes A and B explosives, household cifically the grounds upon which it is goods as defined by the Commission, com­ issued upon request or upon the Commis­ modities in bulk, and those requiring spe­ sion’s own motion. Persons who request made, contain a detailed statement of a hearing or advice as to whether a hear-. Protestant’s interest in the proceeding cial equipment) , between points in Ohio, ing is ordered, will receive notice of (including a copy of the specific portions on the one hand, and, on the other, St. further developments in this matter, in­ of its authority which protestant believes Louis, Mo., and points in Indiana, Illi­ cluding the date of the hearing (if or­ to be in conflict with that sought in the nois, Kentucky, and West Virginia, re­ dered) and any postponements thereof. application, and describing in detail the stricted to shipments moving in shipper method—whether by joinder, interline, owned semitrailers, under contract with For the Commission (pursuant to or other means—by which protestant the Standard Oil Co. of Ohio and its sub­ delegated authority). would use such authority to provide all sidiaries. N o t e : This republication is for [SEAL] ORVAL L. DUBOIS, or part of the service proposed), and the purpose of adding the above restric­ Secretary. shall specify with particularity the facts, tion. If a hearing is deemed necessary, matters, and things relied upon, but shall applicant requests it be held at Columbus, [F.R. Doc. 69-5169; Filed, Apr. 30, 1969; Ohio. 8:46 a.m.] not include issues or allegations phrased generally. Protests not in reasonable No. MC 2202 (Sub-No. 369), filed April compliance with the requirements of the 3, 1969. Applicant: ROADWAY EX­ rules may be rejected. The original and PRESS, INC., 1077 Gorge Boulevard, Post one copy of the protest shall be filed with Office Box 471, Akron, Ohio 44309. Appli­ SMALL BUSINESS the Commission, and a copy shall be cant’s representatives: William O. served concurrently upon applicant’s Turney, 2001 Massachusetts Avenue ADMINISTRATION representative, or applicant if no repre­ NW., Washington, D.C. 20036, and RELATED INDUSTRIES, INC. sentative is named. If the protest includes Douglas Faris, Post Office Box 471, Akron, a request for oral hearing, such requests Ohio 44309. Authority sought to operate Notice of Withdrawal of Request To shall meet the requirements of § 1.247(d) as a common earlier, by motor vehicle, Operate and Participate in Small (4) of the special rules, and shall include over regular routes, transporting: Gen­ Business Defense Production and the certification required therein. eral commodities (except those of Research and Development Pool Section 1.247(f) of the Commission’s unusual value, classes A and B explosives, rules of practice further provides that livestock, household goods as defined by Pursuant to sections 9(d) and 11 of the each applicant shall, if protests to its the Commission, commodities in bulk Small Business Act (72 Stat. 391, 394), application have been filed, and within and those requiring special equipment), and section 1 of Executive Order 10493 60 days of the date of this publication, between Denton and Greenville, Tex., (18 F.R. 6583), dated October 15, 1953, notify the Commission in writing (1) over Texas Highway 24, as an alternate notice of publication is hereby given of that it is ready to proceed and prosecute route for operating convenience only, the following small business concerns serving no intermediate points and serv­ which have withdrawn from membership 1 Copies of Special Rule 1.247 (as amended) ing McKinney for purposes of joinder in Related Industries, Inc., a small busi­ can be obtained by writing to the Secretary, only. N o t e : If a hearing is deemed neces­ ness defense production and research and Interstate Commerce Commission, Washing­ sary, applicant requests it be held at development pool : ton, D.C. 20423. Washington, D.C., or Dallas, Tex.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 NOTICES 7201 No. MC 2542 (Sub-No. 13), filed April land, Delaware, New Jersey, New York, ing: Meats, meat products and meat by­ 9, 1969. Applicant: THE ADLEY COR- - Connecticut, Rhode Island, Massachu­ products and articles distributed by meat PORATION, doing business, as ADLEY setts, New Hampshire, Vermont, Maine, packinghouses, as described in sections EXPRESS COMPANY, 900 Chapel and the District of Columbia. N ote : Ap­ A and C of appendix I to the report in Street, New Haven, Conn. Applicant’s plicant holds contract carrier authority Descriptions in Motor Carrier Certifi­ representative: Thomas W. Murrett, 410 under MC 118864 Sub 1, therefore dual cates, 61 M.C.C. 209 and 766 (except Asylum Street, Hartford, Conn. 06103. operations may be involved. Applicant hides and commodities in bulk, in tank Authority sought to operate as a com­ states it does not intend to tack, and ap­ vehicles), from Sioux City, Iowa, to mon carrier, by motor vehicle, over reg­ parently is willing to accept a restriction points in Alabama, Georgia, and Ten­ ular routes, transporting: General com­ against tacking if warranted. If a hear­ nessee (except Memphis, Tenff.), re­ modities (except those of unusual value, ing is deemed, necessary, applicant re­ stricted to traffic originating at Sioux and except dangerous explosives, house­ quests it be held at (1) Raleigh, N.C., or City, Iowa. N o t e : Applicant states it does hold goods as defined in Practices of Mo­ (2) Greensboro, N.C. not intend to tack, and is apparently wil­ tor Common Carriers of Household No. MC 10761 (Sub-No. 239), filed ling to accept a restriction against tack­ Goods, 17 M.C.C. 467, commodities re­ April 11, 1969. Applicant: TRANS- ing if warranted. If a hearing is deemed quiring. special equipment, and those AMERICAN FREIGHT LINES, INC., necessary, applicant requests it be held at injurious or contaminating to other lad­ 1700 North Waterman Avenue, Detroit, Miami or Tampa, Fla. ing) , between junction Interstate High­ Mich. 48209. Applicant’s representatives: No. MC 25869 (Sub-No. 89), filed way 91 and Massachusetts-Vermont L. G. Naidow (same address as appli­ April 9, 1969. Applicant: NOLTE BROS. State line and Island Pond, Vt., from cant) and A. Alvis Layne, Pennsylvania TRUCK LINE, INC., 4734 South 27th junction Interstate Highway 91 and the Building, Washington, D.C. 20004. Au­ Street, Omaha, Nebr. 68107. Applicant’s Massachusetts-Vermont State line over thority sought to operate as a common representative: Donald L. Stern, 630 City Interstate Highway 91 to the end of In­ carrier, by motor vehicle, over irregular National Bank Building, Omaha, Nebr. terstate Highway 91 near Norwich, Vt., routes, transporting: Frozen foods, cof­ 68102. Authority sought to operate as a thence over U.S. Highway 5 to St. Johns- fee whitener, dessert topping, pudding, common carrier, by motor vehicle, over bury, Vt., thence over Vermont Highway baking items and base baking and cook­ irregular routes, transporting: Meats, 114 to Island Pond, Vt., and return over. ing products, nondairy, from the plant- meat products, and meat byproducts, and the same route, as an alternate route, in site and storage facilities of Rich Prod­ articles distributed by meat packing­ connection with applicant’s authorized ucts, located at Buffalo, N.Y., to Mus­ houses, as described in sections' A and C regular route authority, serving no inter­ kegon, Mich., and Gallipolis and Mar­ of appendix 1 to the report in Descrip­ mediate points. N ote: Applicant states ietta, Ohio. N ote: Common control may tions in Motor Carrier Certificates, 61 that no duplicating authority is being be involved. Applicant states it does not M.C.C. 209 and 766, from Glenwood, sought. If a hearing is deemed necessary, intend to tack, and is apparently will­ Iowa, to points in South Dakota, applicant requests it be held at New ing to accept a restriction against tack­ Nebraska, Colorado, Kentucky, Missouri, Haven or Hartford, Conn. ing if warranted. If a hearing is deemed Kansas, Indiana, Illinois, Iowa, Wiscon­ No. MC 2860 (Sub-No. 54), filed necessary, applicant requests it be held sin, Michigan, and Minnesota. N o t e : April 4, 1969. Applicant: NATIONAL at Buffalo, N.Y. Common control may be involved. Ap­ FREIGHT, INC., 57 West Park Ave­ No. MC 14552 (Sub-No. 28), filed plicant states it does not intend to tack nue, Vineland, N.J. 08360. Applicant’s March 20, 1969. Applicant: J. V. Mc- and apparently is willing to accept a representative: Alvin Altman, 1776 NICHOLAS TRANSFER COMPANY, a restriction against tacking if warranted. Broadway, New York, N.Y. 10019. Au­ corporation, 555 West Federal Street, If a hearing is deemed necessary, ap­ thority sought to operate as a common Youngstown, Ohio 44501. Applicant’s rep­ plicant requests it be held at Chicago, 111., carrier, by motor vehicle, over irregular or Omaha, Nebr. routes, transporting: Pet food (except resentative : Paul F. Berry, 88 East Broad commodities in bulk), from Allentown, Street, Columbus, Ohio 43215. Authority No. MC 29886 (Sub-No. 247), filed sought to operate as a common carrier, April 11, 1969. Applicant: DALLAS & Pa., to points in Florida, Georgia, North by motor vehicle, over irregular routes, Carolina, and South Carolina. N ote: Ap­ MAVIS FORWARDING CO., INC., 4000 plicant states it does not intend to tack, transporting: Iron and steel pipe, con­ West Sample Street, South Bend, and is apparently willing to accept a re­ duit, metallic tubing, and fittings there­ Ind. 46621. Applicant’s representative: striction against tacking if warranted. for, unloaded by mechanical devices Charles Pieroni (same address as ap­ If a hearing is deemed necessary, appli­ furnished by the carrier, from Glendale, plicant) . Authority sought to operate as cant requests it be held at New York, W. Va.; Carnegie, Ambridge, and New a common carrier', by motor vehicle, over N.Y., Philadelphia,’ Pa., or Washington, Kensington, Pa.; and Niles, Ohio, to irregular routes, transporting: (1) Com­ D.C. points in Connecticut, Delaware, Illinois, modities which require the use of special No. MC 3854 (Sub-No. 11), filed Indiana, Iowa, Kentucky, Maine, Mary­ equipment or special handling by reason April 7, 1969. Applicant: BURTON land, Massachusetts, Michigan, New of size or weight; and (2) ordnance LINES, INC., Post Office Box 11306, East Hampshire, New Jersey, New York, North equipment, materials, and supplies, and Durham Station, Durham, N.C. 27703. Carolina, South Carolina, Ohio, Penn­ quartermaster supplies (except house­ Applicant’s representative: Edward G. sylvania, Rhode Island, Tennessee, Ver­ hold goods and commodities in bulk), to, Villalon, 1735 K Street NW., Washing­ mont, Virginia, West Virginia, Wiscon­ from and/or between military installa­ ton, D.C. 20006. Authority sought to sin, Missouri, Minnesota, Georgia, Flor­ tions of Defense Department establish­ operate as a common carrier, by motor ida, and the District of Columbia. N ote: ments in the United States (except vehicle, over irregular routes, transport­ Applicant states it would tack with its Hawaii) . N o t e : Applicant states it does ing: Clay and shale products, pipe con­ existing authority to serve northeastern not intend to tack, and is apparently will­ duit, wall coping, fittings, and fire brick Ohio or northwestern Pennsylvania. Ap­ ing to accept a restriction against tacking from (1) Greensboro and Gulf, N.C., to plicant holds contract authority under if warranted. Common control may he in­ points in Connecticut, Rhode Island, MC 123991, therefore dual operations volved. If a hearing is deemed necessary, Massachusetts, New Hampshire, Ver­ may be involved. If a hearing is deemed applicant requests it be held at mont, the New York, N.Y., commercial necessary, applicant requests it be held Washington, D.C. zone, Wilmington, Del., Philadelphia, Pa., at Pittsburgh, Pa. No. MC 32562 (Sub-No. 3p), filed Baltimore and Elkton, Md., points in No. MC 25798 (Sub-No. 185), filed April 10, 1969. Applicant: POINT EX­ Monmouth, Middlesex, Morris, Passaic, April 11, 1969. Applicant: CLAY PRESS, INC., Box 10185, Station C, Bergen, Hudson, Essex, Union, and Som­ HYDER TRUCKING LINES, INC., 502 East Bridgers Avenue, Post Office Box Charleston, W. Va. 25312. Applicant’s erset Counties, N.J., Maine and the representative: R. J. Hyman (same ad­ District of Columbia; and (2) from Co­ 1186, Aubumdale, Fla. 33823. Applicant’s lumbia, S.C., to points in Florida, Ala­ representative: Tony G. Russell (same dress as applicant). Authority sought to bama, Georgia, Tennessee, Kentucky, address as applicant). Authority sought operate as a common carrier, by motor South Carolina, North Carolina, West to operate as a common carrier, by motor vehicle, over regular routes, transport­ Virginia, Virginia, Pennsylvania, Mary- vehicle, over irregular routes, transport- ing: General commodities (except those

FEDERAL REGISTER, VOL. 34, NO. 83— -THURSDAY, MAY l , 1969 7202 NOTICES of unusual value, classes A and B explo­ tions A and C of appendix I to the report quests it be held at Omaha, Nebr., or sives, livestock, household goods as de­ in Descriptions in Motor Carrier Certifi­ Chicago, UL fined by the Commission, commodities cates, 61 M.C.C. 209 and 766, from the No. MC 64932 (Sub-No. 471), filed in bulk, commodities requiring special plant and warehouse facilities of Swift April 7, 1969. Applicant: ROGERS equipment), serving Hamlin, W. Va., as & Co., at or near Glenwood, Iowa, to CARTAGE CO., a corporation, 1439 West an off route point in connection with car­ Chicago, Elgin, and Rochelle, HL; Grand 103d Street, Chicago, HI. 60643. Appli­ rier’s regular route operations. N ote: If Island and Omaha, Nebr.; and points in cant’s representative: Carl L. Steiner, 39 a hearing is deemed necessary, applicant Colorado. N ote: Applicant states it does South La Salle Street, Chicago, ¿1. 60603. requests it be held at Charleston, W. Va., not intend to tack and is apparently will­ Authority sought to operate’ as a com­ or Columbus, Ohio. ing to accept a restriction against tack­ mon carrier, by motor vehicle, over ir­ No. MC 34689 (Sub-No. 10), filed Feb­ ing if warranted. If a hearing is deemed regular routes, transporting: Inedible ruary 5, 1969. Applicant: H. MAYNARD necessary, applicant requests it be held tallow and/or grease, vegetable oils and GOULD CO., a corporation, Union at Omaha, Nebr., or Chicago, 331. blends, and mixtures thereof, from Ham­ Street, East Walpole, Mass. 02081. Appli­ No. MC 59117 (Sub-No. 34), filed mond, Ind., to points in Alabama, Flor­ cant’s representative: Francis E. Barrett, April 2, 1969. Applicant: ELLIOTT ida, Georgia, Kentucky, Louisiana, Jr., Investors Building, 536 Granite TRUCK LINE, INC., Post Office Box 1, Mississippi, North Carolina, South Caro­ Street, Braintree, Mass. 02184. Author­ Vinita, Okla. 74301. Applicant’s repre­ lina, Tennessee, Virginia, and West ity sought to operate as a common car­ sentative: Carll V. Kr'etsinger, 450 Pro­ Virginia. N ote: Applicant states it does rier, by motor vehicle, over irregular fessional Building, 1103 Grand Avenue, not intend to tack and apparently is routes, transporting: Building materials Kansas City, Mo. 64106. Authority willing to accept a restriction against' and materials and supplies used in the sought to operate as a common carrier, tacking if warranted. If a hearing is installation thereof (except in bulk, in by motor vehicle, over irregular routes, deemed necessary, applicant requests it tank vehicles); (1) from Walpole and transporting: Kraft paper, from the be held at Chicago, 331. Norwood, Mass., to Boston, Mass., and Georgia-Pacific Corp. plant, Crossett, No. MC 64932 (Sub-No. 472), filed points in Connecticut, Rhode Island, and Ark. to the Mid-American Industrial April 14, 1969. Applicant: ROGERS New Hampshire; (2) from Phillipsdale, District, Pryor, Okla. N ote: Applicant CARTAGE CO., a corporation, 1439 West R.I., to points in Connecticut, Massachu­ states it does not intend to tack and ap­ 103d Street, Chicago, m, 60643. Appli­ setts, Vermont, and New Hampshire; and parently is willing to accept a restriction cant’s representative: Carl L. Steiner, (3) from Norwood and Walpole, Mass., against tacking if warranted. If a hear­ 39 South La Salle Street,.Chicago, 331. and Phillipsdale, R.I., to points in York, ing is deemed necessary, applicant re­ 60603. Authority sought to operate as Cumberland, Oxford, Androscoggin, quests it be held at (1) Oklahoma City, a common carrier, by motor vehicle, Sagadahoc, Franklin, Kennebec, Waldo, Okla.; (2) Kansas City, Mo. over irregular routes, transporting: Lincoln, Knox, Penobscot, Hancock, and No. MC 61396 (Sub-No. 213), filed April Plastic materials, plastic pellets, gran­ Somerset Counties, Maine. N ote: Appli­ 2, 1969. Applicant: HERMAN. BROS. ules and cubes, in bulk, in tank or cant holds contract carrier authority INC., 2501 North 11th Street, Omaha, hopper type vehicles, from Henry, under docket No. MC 43251 and Subs, Nebr. 68101. Applicant’s representative: 111., to points in Arkansas, Connecticut, therefore, dual operations may be in­ Donald L. Stem, 360 City National Bank Indiana, Iowa, Kansas, Kentucky, Maine, volved. Applicant intends to tack this to Building, Omaha, Nebr. 68102. Authority Massachusetts, Michigan, Minnesota, the extent possible, but not beyond the sought to operate as a common carrier, Missouri, Nebraska, New Jersey, New States presently authorized to be served, by motor vehicle, over irregular routes, York, Ohio, Pennsylvania, Rhode Island, by his regular routes, to wit: Massachu­ transporting: Vegetable oil (edible) in Tennessee, Vermont, and Wisconsin. setts, Rhode Island, Connecticut, New bulk, in tank vehicles, from the plant- N ote: Applicant states it does not Hampshire, and New Jersey. No dupli­ site of Archer Daniels, Midland Plant intend to tack, and is apparently will­ cating authority is sought. If a hearing near Lincoln, Nebr., to points in Arkan­ ing to accept a restriction against tack­ is deemed necessary, applicant requests sas, Arizona, California, Colorado, Idaho, ing if warranted. If a hearing is deemed it be held at Boston, Mass. Iowa, Kansas, Minnesota, Missouri, necessary, applicant requests it be held No. MC 42156 (Sub-No. 4), filed April Montana, Nebraska, New Mexico, Okla­ at Chicago, .331. 10, 1969. Applicant: WALTON BULI- homa, Oregon, North Dakota, South No. MC 65525 (Sub-No. 19), filed FANT (WALTON BUUFANT, JR., AND Dakota, Texas, Utah, Washington, and April 17, 1969. Applicant: WHITE DONALD BULIFANT - EXECUTORS) Wyoming. N ote: Applicant states it does BROTHERS TRUCKING CO., a corpo­ doing business as M. BULIFANT, 972 not intend to tack and apparently is ration, Box 96, Wasco, 111. 60183. Appli­ North Frost Street, Philadelphia, Pa. willing to accept a restriction against cant’s representative: Earl N. Merwin, 85 19123. Applicant’s representative: Alan tacking if warranted. If a hearing is East Gay Street, Columbus, Ohio 43215. Kahn, 1920 Two Penn Center Plaza, deemed necessary, applicant requests it Authority sought to operate as a common Philadelphia, Pa. 19102. Authority sought be held at Omaha, Nebr., or Des Moines, carrier, by motor vehicle, over irregular to operate as a common carrier, by motor Iowa. routes, transporting: (1) Precast con­ vehicle, over irregular routes, transport­ No. MC 61396 (Sub-No. 214), filed crete slabs and beams, of such size and ing: Paper and paper products, from April 9, 1969. Applicant: HERMAN weight as to require the use of special Philadelphia, Pa., to points in Suffolk BROS. INC., 2501 North 11th Street, equipment, and accessories and mate­ and Nassau Counties, N.Y., and refused, Post Office Box 189, Omaha, Nebr. 68101. rials incidental to the installation there­ damaged and returned shipments on re­ Applicant’s representative: Donald L. of, from points in Montgomery County, turn. Restriction: The authority sought Stem, 630 City National Bank Building, Ohio, to points in Michigan, Kentucky, shall not be joined or tacked with appli­ Omaha, Nebr. 68101. Authority sought to Indiana, and Pennsylvania, and (2) sup­ cant’s existing operating rights. Nora: : If operate as a common carrier, by motor plies and materials, incidental to the a hearing is deemed necessary, applicant vehicle, over irregular routes, transport­ manufacture of prestressed concrete slabs requests it be held at Philadelphia, Pa., ing: Anhydrous ammonia, in bulk, in and beams, from points in Michigan, Dr New York, N.Y. tank vehicles; (1) from Marshalltown, Kentucky, Indiana, and Pennsylvania, to No. MC 48221 (Sub-No. 2), fifed April Iowa, to points in Illinois, Iowa, Missouri, points in Montgomery County, Ohio. 10, 1969. Applicant: W. N. MOREHOUSE Minnesota, and Wisconsin; (2) from N ote : Applicant states it presently holds TRUCK LINE, INC., 2501 O Street, Cowden, 111., to points in Illinois, Indi­ authority to transport precast concrete Omaha, Nebr. 68107. Applicant’s repre­ ana, Iowa, Missouri; and (3) from slabs and beams et al., from Dayton, sentative: Gerald C. Morehouse (same Spencer, Iowa, to points in Iowa, Minne­ Ohio, to points in Michigan, Kentucky, address as above). Authority sought to sota, North Dakota, Nebraska, South Indiana, and Pennsylvania, and supplies operate as a common carrier, by motor Dakota, and Wisconsin. N ote: Applicant and materials incidental to the manu­ vehicle, over irregular routes, transport­ states it does not intend to tack, and is facture of prestressed concrete slabs and ing: Meats, meat products, and meat by­ apparently willing to accept a restriction beams, from points in Michigan, Ken­ products, and article* distributed by against tacking if warranted. If a hear­ tucky, Indiana, and Pennsylvania, to meat packinghouses, as described in sec­ ing is deemed necessary, applicant re­ Dayton, Ohio. Dayton, Ohio is located

FEDERAL REGISTER, VOL. 34, MO. 83— THURSDAY, MAY 1, 1969 NOTICES 7203 within Montgomery County, Ohio. This hand, and, on the other, points in the vehicle, over irregular routes, transport­ application is to expand the base point of United States (except Alaska and Ha­ ing: Trench excavating machines, from Dayton, Ohiov to that of Montgomery waii) . N ote : Applicant states it does not Omaha, Nebr., to points in the United County, Ohio, with no duplication of au­ intend to tack, and apparently is willing States (except Alaska and Hawaii). thority sought. Applicant further states to accept a restriction against tacking if N ote: Applicant states it does not in­ it does not intend to tack, and is appar­ warranted. If a hearing is deemed neces­ tend to tack, and is apparently willing to ently willing to accept a restriction sary, applicant requests it be held at accept a restriction against tacking if against tacking if warranted. If a hear­ Washington, D.C. warranted. If a hearing is deemed neces­ ing is deemed necessary, applicant re­ No. MC 75830 (Sub-No. 8), filed April 7, sary, 'applicant requests it be held at quests it be held at Columbus, Ohio, or 1969. Applicant: INTER-CITY TRANS­ Chicago, 111. PORT & MOTOR COMPANY, a corpora­ No. MC 83885 (Sub-No. 10), filed No. MC 65941 (Sub-No. 29), filed April tion, Post Office Box 88, Buckhannon, W. March 27, 1969. Applicant: UNITED 3, 1969. Applicant: TOWER LINES, Va. 26201. Applicant’s representative: STATES TRUCKING CORPORATION, INC., Post Office Box 907, Wheeling, Herbert Baker and James R. Stiverson, 66 Murray Street, New York, N.Y. 10007. W. Va. 26003. Applicant’s representative: 50 West Broad Street, Columbus, Ohio Applicant’s representative: Herbert Paul M. Daniell, 1600 First Federal 43215. Authority sought to operate as a Burstein, 160 Broadway, New York, N.Y. Building, Atlanta, Ga. 30303. Authority contract carrier, by motor vehicle, over 10038. Authority sought to operate as a sought to operate as a common carrier, irregular routes, transporting: Yarn, contract carrier, by motor vehicle, over by motor vehicle, over irregular routes, from Fort Atkinson, Wis., to McKeesport, irregular routes, transporting: Silver transporting: Paper and paper articles, Pa., under contract with G. C. Murphy bars, from New York, N.Y., to Colwyn, from Atlanta, Ga., to Wheeling, W. Va., Co. N ote : If a hearing is deemed neces­ Pa., under contract with Minnesota Min­ restricted to traffic having a prior move­ sary, applicant requests it be held at ing & Manufacturing Co. N ote: Appli­ ment by motor carrier which originated Pittsburgh, Pa., or Columbus, Ohio. cant holds common carrier authority at Moss Point, Miss., and Mobile, Ala. No. MC 76032 (Sub-No. 240), filed under MC 11712, therefore dual opera­ N ote: Applicant states that it can pres­ April 7, 1969. Applicant: NAVAJO tions may be involved. If a hearing is ently perform this service by interline FREIGHT LINES, INC., 1205 South deemed necessary, applicant requests it over Macon, Ga. The purpose of this Platte River Drive, Denver, Colo. 80223. be held at New York, N.Y. application is to substitute Atlanta, Ga., Applicant’s representative: William E. No. MC 85465 (Sub-No. 17), filed in lieu of Macon, Ga., as an interchange Kenworthy (same address as applicant). March 20, 1969. Applicant: WEST point on this movement of traffic. Ap­ Authority sought to operate as a common NEBRASKA EXPRESS, INC., Post Office plicant further states that it intends to carrier, by motor vehicle, over irregular Drawer 350, Scottsbluff, Nebr. 69361. Ap­ tack this authority with presently held routes, transporting: Ordnance and plicant’s representative: Truman A. authority at Macon, Ga., to serve points Quartermaster supplies (except house­ Stockton, Jr., The 1650 Grant Street in Pennsylvania, Ohio, and West Vir­ hold goods and commodities in bulk), be­ Building, Denver, Colo. 80203. Authority ginia. Applicant seeks to perform no serv­ tween all points in the United States (ex­ sought to operate as a common carrier, ice through this application which it cept Alaska and Hawaii). Applicant by motor vehicle, over irregular routes, cannot perform over Macon, Ga. If a states it does not intend to tack, and is transporting: Classes A and B explosives, hearing is deemed necessary, applicant apparently willing to accept a restriction ordnance and quartermaster supplies; requests it be held at Mobile, Ala., or against tacking if warranted. Applicant (a) between military installations or De­ Atlanta, Ga. also states that the authority sought fense Department establishments in the No. MC 67818 (Sub-No. 80), filed April herein duplicates in part its pending ap­ United States; and (b) between points 9, 1969. Applicant: MICHIGAN EX­ plication under MC 76032 (Sub-No. in (a) above and points in Nebraska, on PRESS, INC., 1122 Freeman Avenue SW., 233). If a hearing is deemed necessary, the one hand, and, on the other, points in Grand Rapids, Mich. 49502. Applicant’s applicant requests it be held at Washing­ the United States (except Alaska and representative: Leonard R. Kofkin, 39 ton, D.C. Hawaii) and the District of Columbia. N ote : Applicant states it does not intend South La Salle Street, Chicago, 111. No. MC 82492 (Sub-No. 26), filed to tack, and is apparently willing to ac­ 60603. Authority sought to operate as a April 10, 1969. Applicant: MICHIGAN cept a restriction against tacking if common carrier, by motor vehicle, over & NEBRASKA TRANSIT CO., INC., 693 warranted. If a hearing is deemed neces­ regular routes, transporting: General Plymouth Avenue NE., Grand Rapids, sary, applicant requests it be held at commodities (except those of unusual Mich. 49505. Applicant’s representative: Washington, D.C. value, classes A and B explosives, house­ Jack H. Blanshan, 29 South La Salle No. MC 85934 (Sub-No. 51), filed hold goods as defined by the Commission Street, Chicago, 111. 60603. Authority April 11, 1969. Applicant: MICHIGAN and commodities in bulk), serving the sought to operate as a common carrier, TRANSPORTATION COMPANY, a cor­ plantsite of Montgomery Elevator Co., by motor vehicle, over irregular routes, poration, 3601 Wyoming, Dearborn, located in Henry County, 111., as an off- . transporting: Meat, meat products, meat Mich. 48120. Applicant’s representative: route point in connection with appli­ byproducts and articles, distributed by Robert A. Sullivan, 1800 Buhl Building, cant’s presently authorized regular route meat packinghouses, as described in ap­ Detroit, Mich. 48226. Authority sought operations to and from Moline, 111. N ote : pendix I to the report in Descriptions to operate as a common carrier, by motor If a hearing is deemed necessary, appli­ in Motor Carrier Certificates, 61 M.C.C. vehicle, over irregular routes, transport­ cant requests it be held at Moline, 111. 209 and 766, from Hillsdale, Mich., to ing: Salt; in bulk, in pneumatic tank No. MC 73165 (Sub-No. 264), filed points in Iowa, Nebraska, and Minne­ vehicles, from Manistee, Port Huron, St. April 7,1969. Applicant: EAGLE MOTOR sota, restricted to traffic originating at Clair, and Detroit* Mich., to points in LINES, INC., 830 North 33d Street, Post the plantsite and/or warehouses utilized Illinois, Indiana, and Ohio. N ote : Appli­ Office Box 1348, Birmingham, Ala. 35201. by Great Markwestern Packing Co., at cant states it does not intend to tack, Applicant’s representative: Robert M. Hillsdale, Mich. N ote: Applicant states and is apparently willing to accept a re­ Pearce, Post Office Box E, Bowling Green, it does not intend to tack, and is appar­ striction against tacking if warranted. Ky. 42101. Authority sought to operate as ently willing to accept a restriction If a hearing is deemed necessary, appli­ a common carrier, by motor vehicle, over against tacking if warranted. If a hear­ cant requests it be held at Chicago, 111. irregular routes, transporting: (1) Ma­ ing is deemed necessary, applicant re­ No. MC 92633 (Sub-No. 14), filed terial handling equipment, (2) Machin­ quests it be held at Detroit, Mich. April 1, 1969. Applicant: ZIRBEL ery and equipment used in the wood prod­ No. M C -82841 (Sub-No. 56), filed TRANSPORT, INC., 420 28th Street ucts, forestry, particle board, composi­ April 7, 1969. Applicant: HUNT TRANS­ North, Lewiston, Idaho 83501. Appli­ tion board and hard board industries, (3) PORTATION, INC., 801 Livestock Ex­ cant’s representative: Donald A. Ericson, Parts, attachments and accessories for change Building, Omaha, Nebr. 68107. 708 Old National Bank Building, Spo­ the commodities described in (1) and Applicant’s representative: Donald L. kane, Wash. 99201. Authority sought to (2) above, between points in Jefferson Stern, 630 City National Bank Building, operate as a common carrier, by motor and Talledega Counties, Alabama and Omaha, Nebr. 68102. Authority sought vehicle, over irregular routes, transport­ Washington County, Oreg., on the one to operate as a common carrier, by motor ing: Clay, from points in Boville (Latah

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 7204 NOTICES

County), Idaho, to points in Toledo W. Va. Note: Applicant states it does not tend to tack and apparently is willing (Lincoln County), Oreg. N ote: Applicant intend to tack, and is apparently willing to accept a restriction against tacking states it does not intend to tack, and is to accept a restriction against tacking if if warranted. If a hearing is deemed apparently willing to accept a restriction warranted. If a hearing is deemed neces­ necessary, applicant requests it be held at against tacking if warranted. Common sary, applicant Requests it be held at Cleveland, Ohio. control may be involved. If a hearing is Columbus, Ohio. No. MC 103993 (Sub-No. 398), filed deemed necessary, applicant requests it No. -MC 103498 (Sub-No. 17), filed April 14, 1969. Applicant: MORGAN be held at Spokane, Wash., or Boise, April 10, 1969. Applicant: W. D. SMITH, DRIVE-AWAY, INC., 2800 West Lexing­ Idaho. doing business as W. D. SMITH TRUCK ton Avenue, Elkhart, Ind. 46514. Appli­ No. MC 94350 (Sub-No. 222), filed LINE, Post Office Box 68, DeQueen, Ark. cant’s representative: Paul D. Borghe- April 10, 1969. Applicant: TRANSIT 71832. Applicant’s representative: Louis sani (same address as above). Authority HOMES, INC., Haywood Road, Post Tarlowski, 914, Pyramid Life Building., sought to operate as a common carrier, Office Box 1628, Greenville, S.C. 29602. Little Rock Ark. 72201. Authority sought by motor vehicle, over irregular routes, Applicant’s representative: Mitchell to operate as a common carrier, by motor transporting: Truck campers, camp King, Jr., Post Office Box 1628, Green­ vehicle, over irregular routes, transport­ coaches, and trailers designed to be ville, S.G. 29602. Authority sought to op­ ing: Charcoal briquetts, from Dierks, drawn by passenger automobiles, from erate as a common carrier, by motor Ark., to points in Alabama, Colorado, Magoffin County, Ky., to points in the vehicle, over irregular routes, transport­ Florida, Georgia, Illinois, Indiana, Iowa, tJnited States, excluding Alaska and ing: Trailers designed to be drawn by Kansas, Kentucky, Louisiana, Michigan, Hawaii. N ote: Applicant states it does passenger automobiles in initial move­ Mississippi, Missouri, Nebraska, Nevada, not intend to tack and apparently is ments, from points in Monroe County, New Mexico, North Carolina, Ohio, Okla­ willing to accept a restriction against Miss., to all points east of the Mississippi homa, Pennsylvania, South Carolina, tacking if warranted. If a hearing is River including Louisiana and Minneso­ Tennessee, Texas, Utah, and Wisconsin. deemed necessary, applicant requests it ta, but excluding Flint, Mount Clemens, N ote : Applicant states it does not intend be held at Lexington, Ky. and Detroit, Mich. N ote : Applicant states to tack, and is apparently willing to ac­ No. MC 106644 (Sub-No. 96), filed it does not intend to tack, and is appar­ cept a restriction against tacking if war­ March 24, 1969. Applicant: SUPERIOR ently willing to accept a restriction ranted. If a hearing is deemed necessary, TRUCKING COMPANY, INC., 2770 Pey­ against tacking if warranted. Common applicant requests it be held at Little ton Road NW., Atlanta, Ga. 30321. Ap­ control may be involved. If a hearing is ¡Eiock Ark plicant’s representatives: Guy H. Postell deemed necessary, applicant requests it N o.’ MC 103993 (Sub-No. 334) (Amend­ and Frank D. Hall, 1273 West Peachtree be held at Columbus, Miss. ment), filed August 23, 1968, published Street NE., Atlanta, Ga. 30309. Author­ No. MC 95540 (Sub-No. 742), filed F ederal R egister issue of September 12, ity sought to operate as a common car­ April 7, 1969. Applicant: WATKINS 1968, amended and republished as rier, by motor vehicle, over irregular MOTOR LINES, INC., 1120 West Griffin amended, this issue. Applicant: MOR­ routes, transporting: Liquors, malt, beer, Road, Lakeland, Fla. 33801. Applicant’s GAN DRIVE-AWAY, INC., 2800 West beer tonic, porter, stout, and related ad­ representative: Paul E. Weaver (same Lexington Avenue, Elkhart, Ind. 46514. vertising material; from Pabst, Ga., to address as applicant). Authority sought Applicant’s representatives: Paul Bor- points in Alabama, Florida, Georgia* to operate as a common carrier, by motor ghesani (same address as above) and Mississippi, North Carolina, South Caro­ vehicle, over irregular routes, transport­ William P. Lippman, 1824 R Street NW., lina, and that part of Tennessee on and ing: Foodstuffs, when transported in the Washington, D.C. 20009. Authority East of U.S. Highway 431, and empty same vehicle with meats, meat products, sought to operate as a common carrier, containers, pallets, and refused and re­ and meat byproducts, and articles dis­ by motor vehicle, over irregular routes, jected shipments on return. N ote: Appli­ tributed by meat packinghouses, as de­ transporting: (1) Steel buildings; (2) cant states it intends to tack authority scribed in sections A and C of appendix building sections, panels, materials, sought where possible with its existing I to the report in Descriptions'in Motor parts, and accessories, from points in authority wherein as pertinent herein it Carrier Certificates, 61 M.C.C. 209 and Mahoning and Trumbull Counties, Ohio, conducts operations in the States of 766, from the plantsite and/or ware­ to points in Connecticut, Delaware, Dis­ Arkansas, Georgia, Illinois, Indiana, house facilities of Geo. A. Hormel & Co., trict of Columbia, Illinois, Indiana, Ken­ Iowa, Kentucky, Maryland, Massachu­ Austin, Minn., Fort Dodge, Iowa, and tucky, Maine, Maryland, Massachusetts, setts, Missouri, New Jersey, New York, Fremont, Nebr., to points in Alabama, Michigan, New Hampshire, New Jersey, North Carolina, Ohio, Pennsylvania, Florida, Georgia, Louisiana, Mississippi, New York, Pennsylvania, Rhode Island, Rhode Island, South Carolina, Tennessee, North Carolina, South Carolina, and Vermont, Virginia, West Virginia, and Texas, Virginia, and West Virginia. If a Tennessee. N ote : Applicant states it does Wisconsin. Note: Applicant states this hearing is deemed necessary, applicant not intend to tack, and is apparently authority will be tacked with applicant’s requests it be held at Atlanta, Ga., or willing to accept a restriction against existing Sub 21 to serve the following Washington, D.C. tacking if warranted. If a hearing is States: Alabama, Arizona, Arkansas, No. MC 106760 (Sub-No. 100), filed deemed necessary, applicant requests it Florida, Georgia, Illinois, Indiana, Iowa, April 10, 1969. Applicant: WHITE- be held in Minneapolis, Minn., or Omaha, Kansas, Kentucky, Louisiana, Michigan, HOUSE TRUCKING, INC., 5020 Angola Nebr. Minnesota, Mississippi, Missouri, Ne­ Road, Toledo, Ohio 43615. Applicant’s No. MC 101053 (Sub-No. 8), filed braska, Ohio, Oklahoma, Tennessee, representatives: Irvin Tull, 1925 Na­ April 7, 1969. Applicant: DRY BULK Texas, Wisconsin, and West Virginia. The tional Plaza, Tulsa, Okla. 74151 and TRANSPORT, INC., Rural Delivery No. purpose of this republication is to in­ Leonard A. Jaskiewicz, Madison Build­ 5, Marietta, Ohio 45750. Applicant’s rep­ clude the tacking information. If a hear­ ing, 1155 15th Street NW., Washington, resentative: James W. Muldoon, 88 East ing is deemed necessary, applicant re­ D.C. 20005. Authority sought to operate Broad Street, Columbus, Ohio 43215. Au­ quests it be held at Chicago, 111. as a common carrier, by motor vehicle, thority sought to operate as a common No. MC 103993 (Sub-No. 397), filed over irregular routes, transporting: carrier, by motor vehicle, over irregular March 28, 1969. Applicant: MORGAN Ventilators, ventilator parts, ventilator routes, transporting: Such commodities, DRIVE-AWAY, INC., 2800 West Lexing­ equipment, ventilator systems, including as are susceptible of being unloaded by ton Avenue, Elkhart, Ind. 46514. Appli­ accessories used in the installation dumping, in dump truck; (1) between cant’s representative: Paul D. Borghe- thereof, from Philadelphia, Pa., Keyser, points in Athens, Morgan and Noble sani (same address as above). Authority > W. Va., and Junction City, Ky., to points Counties, Ohio, on the one hand, and, on sought to operate as a common carrier, in the United States (except Alaska and the other, points in Harrison, Jackson, by motor vehicle, over irregular routes, Hawaii). N ote : Applicant states it does Wetzel, Mason, Roane, Ritchie, Cal­ transporting: Steel containers, and stor­ not intend to tack and is apparently houn, Tyler, Marshall, Doddridge, Wirt, age racks, and materials used in the willing to accept a restriction against Gilmer, and Kanawaha Counties, W. Va.; erection and completion thereof, from and (2) between points in Washington Macedonia, Ohio, to points in the United tacking if warranted. If a hearing is County, Ohio, on the one hand, and, on States (except Alaska and Hawaii). deemed necessary, applicant requests it the other, points in Kanawaha County, N ote: Applicant states it does not in­ be held at Philadelphia, Pa.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 NOTI CIS 7205 No. MC 107012 (Sub-No. 91), filed plicant’s representatives: Dale L. Cox, nating at the plant and/or warehouse April 3, 1969. Applicant: NORTH Post Office Box 146, Farmer City, 111. utilized by Great Markwestern Packing AMERICAN VAN LINES, INC., Post Of­ 61842, and Mack Stephenson, 301 Build­ Co., at Hilldale, Mich. N ote: Applicant fice Box 988, Lincoln Highway East ing, 391 North Second Street, Spring- indicates tacking possibilities with au­ and Meyer Road, Fort Wayne, Ind. 46801. field, 111. 62702. Authority sought to thorized authority under MC 107515 Applicant’s representative: Martin A. operate as a common carrier, by motor (Sub-No. 507) to serve points in Vir­ Weissert (same address as applicant). vehicle, over irregular routes, transport­ ginia. If a hearing is deemed necessary, Authority sought to operate as a com­ ing: Dry wall accessories, including ad­ applicant requests it be held at Detroit, mon carrier, by motor vehicle, over ir­ hesives, cement, tape, heads, comers, Mich., or Washington, D.C. regular routes, transporting: Furniture, studs, and nails, from Cleveland, Ohio, No. MC 107839 (Sub-No. 135), filed from points in Alabama, Florida, to points in the United States in and east April 11, 1969. Applicant: DENVER- Georgia, Illinois, Indiana, Iowa, Kan­ of Montana, Wyoming, Colorado, and ALBUQUERQUE MOTOR TRANS­ sas, Kentucky, Louisiana, Michigan, New Mexico. N ote: Applicant states it PORT, INC., 4985 York Street, Denver, Minnesota, Mississippi, Missouri, Ne­ intends to tack with MC 107295 where Colo. 80216. Applicant’s representative: braska, New Mexico, North Carolina, feasible. If a hearing is deemed neces­ Rodger Spahr (same address as appli­ Ohio, Oklahoma, South Carolina, Ten­ sary, applicant requests it be held at cant) . Authority sought to operate as a nessee, Texas, and Wisconsin, to points Cleveland, Ohio. common carrier, by motor vehicle, over in Arkansas. N ote: Applicant asserts No. MC 107496 (Sub-No. 724), filed irregular routes, transporting: Prepared there is a possibility of tacking but fails April 4, 1969. Applicant: RUAN TRANS­ •foodstuffs, in vehicles equipped with me­ to specify the details thereof, and in­ PORT CORPORATION, Keosauqua Way chanical refrigeration, from the plant- dicates that tacking is not the purpose at Third, Post Office Box 855, Des site and warehouse facilities of the Pills- of this application. Accordingly, it is as­ Moines, Iowa 50304. Applicant’s repre­ bury Co., at or near Denison, Tex., to sumed that no tacking is contemplated. sentative: H. L. Fabritz (same address points in Colorado, Kansas, Missouri, Common control and dual operations as applicant). Authority sought to op­ Nebraska, Oklahoma, and Tennessee. may be involved. If a hearing is deemed erate as a common carrier, by motor ve­ N ote : Applicant states it does not intend necessary, applicant requests it be held hicle, over irregular routes, transporting: to tack, and is apparently willing to ac­ at Little Rock or Fort Smith, Ark., or Vegetable oil, edible, in bulk, from the cept a restriction against tacking if war­ Washington, D.C. Archer-Daniels-Midland Co. plantsite at ranted. If a hearing is deemed necessary, No. MC 107012 (Sub-No. 92), filed or near Lincoln, Nebr., to points in Ar­ applicant requests it be held at Okla­ April 7, 1969. Applicant: NORTH kansas, Arizona, California, Colorado, homa City, Okla., Dallas, Tex., or AMERICAN VAN LINES, INC., Post Of­ Idaho, Iowa, Kansas, Minnesota, Mis­ Washington, D.C. fice Box 988, Lincoln Highway East and souri, Montana, Nebraska, New Mexico, No. MC 109637 (Sub-No. 360), filed Meyer Road, Fort Wayne, Ind. 46801. Oklahoma, Oregon, North Dakota, South March 21, 1969. Applicant: SOUTHERN Applicant’s representative: Martin A. Dakota, Texas, Utah, Washington, and TANK LINES INC., Post Office Box 1047, Weissert, Post Office Box 988, Fort Wyoming. N ote: Applicant states it does 4107 Bells Lane, Louisville, Ky. 40201. Wayne, Ind. 46801. Authority sought to not intend to tack and is apparently Applicant’s representative: Harris G. operate as a common carrier, by motor willing to accept a restriction against Andrews (same address as applicant). vehicle, over irregular routes, trans­ tacking if warranted. If a hearing is Authority sought to operate as a com­ porting: Furniture and furnishings, deemed necessary, applicant requests it mon carrier, by motor vehicle, over ir­ from Oklahoma City and Vinita, Okla., be held at Des Moines, Iowa, or Chicago, regular routes, transporting: Alcoholic and points in Beckham County, Okla., 1 1 1 . liquors and grain neutral spirits, in bulk, to points in Texas, New Mexico, Colo­ No. MC 107496 (Sub-No. 725), filed in tank vehicles, from Pekin, 111., to Bal­ rado, Kansas, Missouri, Arkansas, Loui­ April 11,1969. Applicant: RUAN TRANS­ timore, Md., Richmond, Va., and points siana, Wisconsin, Illinois, Mississippi, PORT CORPORATION, Third and Keo­ in New Jersey and New York. N ote: Ap­ Michigan, Indiana, Ohio, Kentucky, Ten­ sauqua Way, Post Office Box 855, Des plicant states it does not intend to tack, nessee, Alabama, Georgia, and Florida. Moines, Iowa 50304. Applicant’s repre­ and is apparently willing to accept a re­ Note: Applicant states that it does not sentative: H. L. Fabritz (same address striction against tacking if warranted. intend to tack, and is apparently willing as applicant). Authority sought to op­ If a hearing is deemed necessary, appli­ to accept a restriction against tacking erate as a common carrier, by motor ve­ cant requests it be held at Chicago, 111. if warranted. If a hearing is deemed hicle, over irregular routes, transporting: No. MC 110193 (Sub-No. 167), filed necessary, applicant requests it be held at Cement, cement blocks, and bricks, from April 11, 1969. Applicant: SAFEWAY Oklahoma City, Okla., or Washington, Fort Scott, Kans., to points in Missouri, TRUCK LINES, INC., 20450 Ireland D.C. Arkansas, Oklahoma, Nebraska, and Road, Post Office Box 2628, South Bend, No. MC 107107 (Sub-No. 396), filed Iowa. N ote: Applicant states it does not Ind. 46613. Applicant’s representative: March 27, 1969. Applicant: ALTER- intend to tack, and is apparently willing William J. Monheim (same address as MAN TRANSPORT LINES, INC., 2424 to accept a restriction against tacking applicant). Authority sought to operate Northwest 46th Street, Miami, Fla. 33142. if warranted. Common control may be as a common carrier, by motor vehicle, Applicant’s representative: Ford W. involved. If a hearing is deemed neces­ over irregular routes, transporting: (1) Sewell (same address as applicant). sary, applicant requests it be held at Meats, meat products and meat byprod­ Authority sought to operate as a com­ Kansas City, Mo., or Des Moines, Iowa. ucts and articles distributed by meat mon carrier, by motor vehicle, over irreg­ No. MC 107515 (Sub-No. 652), filed packinghouses, as described in sections ular routes, transporting: Foodstuffs, April 11, 1969. Applicant: REFRIGER­ A and C of appendix I to the report in when transported in the same vehicle ATED TRANSPORT CO., INC., Post Descriptions in Motor Carrier Certifi­ with meats, meat products, and/or meat Office Box 10799, Station A, Atlanta, Ga. cates, 61 M.C.C. 209 and 766; and (2) byproducts, as defined by the Commis­ 30310. Applicant’s representative: B. L. foodstuffs, from Milwaukee, Wis., to sion, from Austin, Minn., Fort Dodge, Gundlach (same address as applicant). points in Ohio, New York, New Jersey, Iowa, and Fremont, Nebr., to points in Authority sought to operate as a com­ Pennsylvania, Maine, New Hampshire, Alabama, Florida, Georgia, North Car­ mon carrier, by motor vehicle, over ir­ Vermont, Delaware, Connecticut, Massa­ olina, and. South Carolina. Note: Appli­ regular routes, transporting: Meat, meat chusetts, Rhode Island, Maryland, Dis­ cant states it does not intend to tack, products, meat byproducts, and articles trict of Columbia, Virginia, West Vir­ and is apparently willing to accept a re­ distributed by meat packinghouses, as ginia, Nebraska, Iowa, Minnesota, and striction against tacking, if warranted. described in appendix I to the report in Missouri. N ote : Common control may be If a hearing is deemed necessary, appli­ Descriptions in Motor Carrier Certifi­ involved. Applicant states it does not in­ cant requests it be held at Chicago, HI. cates, 61 M.C.C. 209 and 766, from Hill- tend to tack, and is apparently willing No. MC 107295 (Sub-No. 193), filed dale, Mich., to points in North Carolina, to accept a restriction against tacking April 4, 1969. Applicant: PRE-FAB South Carolina, Georgia, Alabama, Mis­ if warranted. If a hearing is deemed TRANSIT CO., a corporation, 100 South sissippi, Louisiana, Florida, Tennessee, necessary, applicant requests it be held Main Street, Fanner City, 111. 61842. Ap­ and Kentucky, restricted to traffic origi­ at Washington, D.C.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 No. 83 12 7206 NOTICES No. MC 110525 (Sub-No. 904), filed Dakota, Nebraska, Illinois, Kansas, and points in Virginia, North Carolina, South April 3, 1969. Applicant: CHEMICAL Missouri, (2) from Madison, S. Dak., to Carolina, Georgia, and Florida, restricted LEAMAN TANK LINES, INC., 520 East points in Minnesota, Iowa, Nebraska, to shipments originating at the plant- Lancaster Avenue, Downingtown, Pa. Kansas, and Missouri, (3) from Ottumwa, sites and storage facilities of Comstock - 19335. Applicant’s representatives: Ed­ Iowa to points in Minnesota, South Greenwood Division, the Borden Co. win H. van Deusen (same address as Dakota, Nebraska, Missouri, Illinois, and N ote : Applicant states it does not intend above), and Leonard A. Jaskiewicz, Kansas, and (4) from Sioux Falls, S. Dak. to tack, and is apparently willing to ac­ Madison Building, 1155 15th Street NW., to points in Iowa, Minnesota, Nebraska, cept a restriction against tacking if war­ Washington, D.C. 20005. Authority and Missouri restricted to traffic originat­ ranted. If a hearing is deemed necessary, sought to operate as a common carrier, ing at the plantsite or warehouse facili­ applicant requests it be held at Wash­ by motor vehicle, over irregular routes, ties of John Morrell & Co., and destined ington, D.C. transporting: Chemicals, in bulk, in tank to named States. N ote: If a hearing is No. MC 113843 (Sub-No. 148), filed vehicles, from points in Delaware deemed necessary, applicant requests it March 27, 1969. Applicant: REFRIGER­ County, Ohio, to points in Michigan. be held at Chicago, 111., or Omaha, Nebr. ATED FOOD EXPRESS, INC., 316 Sum­ N ote: Applicant states it does not in­ No. MC 112801 (Sub-No. 91), filed mer Street, Boston, Mass. 92110. Appli­ tend to tack and apparently is willing to April 2, 1969. Applicant: TRANSPORT cant’s representative: William J. Boyd, accept a restriction against tacking if SERVICE CO., a corporation, Post Office 29 South La Salle Street, Chicago, 111. warranted. If a hearing is deemed neces­ Box 50272, Chicago, 111. 60650. Appli­ 60603. Authority sought to operate as a sary, applicant requests it be held at cant’s representative: Robert H. Levy, common carrier, by motor vehicle, over Columbus, Ohio, or Washington, D.C. 29 South La Salle Street, Chicago, 111. irregular routes, transporting: Carniv­ No. MC 110683 (Sub-No. 56), filed 60603. Authority sought to operate as a orous animal feedstuffs, unfit for human March 14, 1969. Applicant: SMITH’S common carrier, by motor vehicle, over consumption (except commodities in TRANSFER CORPORATION OF irregular routes, transporting: General bulk) from points in Illinois, Indiana, STAUNTON, VA., Post Office Box 1000, commodities, in bulk, in tank vehicles, Minnesota, Ohio, and Wisconsin, to Staunton, Va. 24401. Applicant’s repre­ from Lincoln, Nebr., to points in Toledo, Marion, and Bowling Green, sentative: Francis W. Mclnemy, 1000 Arkansas, Arizona, California, Colorado, Ohio; Deep Rim, Allentown, Camp Hill, 16th Street NW., Washington, D.C. Idaho, Iowa, Kansas, Minnesota, and Philadelphia, Pa., New Bedford, 20036. Authority sought to operate as a Missouri, Montana, New Mexico, Okla­ Woburn, and Boston, Mass.,, and Princess common carrier, by motor vehicle, over homa, Oregon, North Dakota, South Anne, Md. N ote: Applicant states it does regular routes, transporting: General Dakota, Texas, Utah, Washington, and not intend to tack and apparently is will­ commodities (except those of unusual Wyoming. N ote: Applicant states it does ing to accept a restriction against tacking value, classes A and B explosives, house­ not intend to tack and apparently is will­ if warranted. If a hearing is deemed nec­ hold goods as defined by the Commission, ing to accept a restriction against tack­ essary, applicant requests it be held at commodities in bulk, and those requir­ ing if warranted. If a hearing is deemed Chicago, 111., or Washington, D.C. ing special equipment), between Green­ necessary, applicant requests it be held at No. MC 114106 (Sub-No. 73), filed ville, S.C., and Atlanta, Ga., (1) from Chicago, 111. April 2, 1969. Applicant: MAYBELLE Greenville, over U.S. Highway 29 to At­ No. MC 112822 (Sub-No. 110), filed TRANSPORT COMPANY, a corpora­ lanta, and return over the same route, April 9, 1969. Applicant: BRAY LINES tion, Post Office Box 573, Lexington, N.C. (2) from Greenville, over Interstate INCORPORATED, Post Office Box 1191, 27292. Applicant’s representative: Wil­ Highway 85 to Atlanta, and return over Cushing, Okla. 74023. Applicant’s repre-' liam P. Sullivan, Federal Bar Building, the same route, and (3) serving inter­ sentative: Carl L. Wright, Jr. (same ad­ West, 1819 H Street, NW., Washington, mediate and off-route points within 15 dress as applicant), and Jack H. D.C. 20006. Authority sought to operate miles of Atlanta in connection with, the Blanshan, 29 South La Salle Street, as a common carrier, by motor vehicle, above routes. Restriction: Service is re­ Chicago, 111. 60603. Authority sought to over irregular routes, transporting: Corn stricted to traffic moving to, from or operate as a common carrier, by motor products and blends of corn products and through points in Albermarle, Augusta, vehicle, over irregular routes, transport­ sugar, from Greer, S.C., to points in Ala­ or Rockbridge Counties, Va. N ote: The ing: Meat, meat products, meat byprod­ bama, Florida, Georgia, Kentucky, North purpose of this application is to obtain ucts and articles distributed by meat Carolina, South Carolina, Tennessee, a Greenville, S.C.-Atlanta, Ga., route to packinghouses, as described in appendix and Virginia. N ote: Applicant has con­ be joined at Greenville, S.C., with routes I to the report in Descriptions in Motor tract carrier authority in MC 115176 and extending from Greenville through Vir­ Carrier Certificates, 61 M.C.C. 209 and subs thereunder, therefore dual opera­ ginia to northeastern terminal locations 766, from Hillsdale, Mich., to points in tions may be involved. Applicant states of the applicant. Presently operations are Oklahoma, Texas, Missouri, Kansas, Mis­ it does not intend to tack, and is ap­ conducted by applicant between Atlanta, sissippi, Louisiana, and Arkansas, re­ parently willing to accept a restriction Ga., on the one hand, and, on the other, stricted to traffic originating at the against tacking if warranted. Applicant via routes through Tennessee. The prin­ plantsite and/or warehouses utilized by further states that no duplicating au­ cipal effect of approval of the application Great Markwestern Packing Co., at thority is being sought. If a hearing is will be to shorten applicant’s existing Hillsdale, Mich. N ote: Applicant states deemed necessary, applicant requests it route between Augusta County, Va., and it does not intend to tack, and is ap­ be held at Washington, D.C. Atlanta from 544 miles to 504 miles. If a parently willing to accept a restriction No. MC 114211 (Sub-No. 123), filed hearing is deemed necessary, applicant against tacking if warranted. If a hear­ April 7, 1969. Applicant: WARREN requests it be held at Washington, D.C. ing is deemed necessary, applicant re­ TRANSPORT, INC., 305 Whitney Road, No. MC 111812 (Sub-No. 378) filed quests it be held at Detroit, Mich. „Post Office Box 420, Waterloo, Iowa April 7, 1969. Applicant: MIDWEST No. MC 113388 (Sub-No. 89), filed 50704. Applicant’s representative: COAST TRANSPORT, INC., 405 Vz April 11, 1969. Applicant: LESTER C. Charles Singer, 33 North Dearborn East Eighth Street, Post Office Box 1233, NEWTON TRUCKING CO., a corpora­ Street, Suite 1625, Chicago, HI. 60602. Sioux Falls, S. Dak. 57101. Applicant’s tion, Post Office Box 248, Bridgeville, Authority sought to operate as a com­ representative: Donald L. Stern, 630 City Del. 19933. Applicant’s representative: mon carrier, by motor vehicle, over ir­ National Bank Building, Omaha, Nebr. H. Charles Ephraim, 1411 K Street NW., regular routes, transporting: Tractors 68102. Authority sought to operate as a Washington, D.C. 20005. Authority (except tractors with vehicle beds, bed common carrier, by motor vehicle, over sought to operate as a common carrier, frames or fifth wheels), agricultural ma­ irregular routes, transporting: Meat and by motor vehicle, over irregular routes, chinery and implements, industrial and :packinghouse products as described in transporting: Canned, preserved food­ construction machinery and equipment, snoivmobiles, equipment designed for use sections A, B, C, of appendix I to the stuffs, not eoldpack or frozen, from Red report in Descriptions in Motor Carrier in connection with tractors, trailers de­ Certificates, 61 MCC 209 and 706 (except Creek, Waterloo, Rushville, Egypt, Penn signed for the transportation of the com­ commodities in bulk and hides) ; (1) Yan, Fairport, Lyons, Newark, and Syra­ modities described above (except trail­ from Estherville, Iowa, to points in’South cuse, N.Y., and West Chester, Pa., to ers designed to be drawn by passenger

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 NOTICES 7207 automobiles), attachments for the com­ REFRIGERATED, INC., Post Office Box from Eugene, Oreg., to points in Wash­ modities described above, internal com­ 1698, 2939 Orlando Drive, Sanford, Fla. ington, under contracts with J. H. Baxter bustion engines, and parts and acces­ 32771. Applicant’s representative: J. V. & Co., and L. D. McFarland Co.; (4) sories of the commodities described McCoy, Post Office Box 426, Tampa, Fla. building board such as hardboard, herein above when moving in mixed loads 33601. Authority sought to operate as fibreboard, chip board, particle board, with such commodities, (1) from ports a common carrier, by motor vehicle, over and pressed board (excepting gypsum of entry on the International Boundary irregular routes, transporting: Frozen board, paper board and pulp board), line between the United States and Can­ potato products and frozen vegetables, from Springfield, Oreg., to points in ada located at Detroit and Fort Huron, from Easton, Portland, Presque Isle, and Oregon, Washington, Nevada, and Cal­ Mich., and Buffalo and Niagara Falls, Washburn, Maine, to points in Alabama, ifornia, under contracts with Weyer­ N.Y., to points inrthe United States (ex­ Delaware, Florida, Georgia, Louisiana, haeuser Co.; (5) waste paper, from cept Alaska and Hawaii), restricted to Maryland, Mississippi, New Jersey, New points in California to Springfield, Oreg., shipments originating at the plant and York, North Carolina, Pennsylvania, under contract with Weyerhaeuser Co.; warehouse sites and experimental farm South Carolina, Tennessee, Virginia, and (6) pulp, in bales, from Longview, of Massey-Ferguson Industries Ltd., at West Virginia, and the District of Colum­ Wash., to Springfield, Oreg., under con­ Toronto, Brantford, and Milliken, On­ bia. N ote: Applicant states it does not tract with Weyerhaeuser Co. N ote: No tario, (2) from Des Moines, Iowa, Clear- intend to tack, and is apparently willing duplicating authority is being sought. If held, Utah, Detroit, Mich., Algoma and to accept a restriction against tacking a hearing is deemed necessary, applicant Kaukauna, Wis., and Cuyahoga Falls, if warranted. If a hearing is deemed requests it be held at Portland, Oreg. Ohio, to points in the United States (ex­ necessary, applicant requests it be held No. MC 117815 (Sub-No. 146), filed cept Alaska and Hawaii), restricted to at Portland, Maine, or Washington, D.C. April 9, 1969. Applicant: PULLEY shipments originating at the plant and No. MC 116077 (Sub-No. 260) FREIGHT LINES, INC., 405 Southeast warehouse sites and experimental farms (Amendment), filed February 26, 1969, 20th Street, Des Moines, Iowa 50317. of Massey-Ferguson, Inc., its affiliates published in F ederal R egister issue of Applicant’s representative; Jack H. and subsidiaries. N ote: Applicant has March 20, 1969, amended April 14, 1969, Blanshan, 29 South La Salle Street, Chi­ existing authority to transport the in­ and republished as amended, this issue. cago, 111. 60603. Authority sought to op­ volved commodities (except snowmo­ Applicant: ROBERTSON TANK LINES, erate as a common carrier, by motor ve­ biles) from all origins specified in (2) INC., 5700 Polk Avenue, Post Office Box hicle, over irregular routes, transporting : except Algoma and Kaukauna and 1505, Houston, Tex. 77001. Applicant’s Meat, meat products, meat by-products Cuyahoga Falls to the territory re­ representative: Thomas E. James, The and articles distributed by meat packing­ quested. No duplicating authority will 904 Lavaca Building, Austin, Tex. 78701. houses, as described in appendix I to the be sought. Applicant states it does not Authority sought to operate as a commen report in Descriptions in Motor Carrier intend to tack, and is apparently willing carrier, by motor vehicle, over irregular Certificates, 61 M.C.C. 209 and 766, from to accept a restriction against tacking if routes, transporting: Liquid ethylene, Hillsdale, Mich., to points in Iowa, Ne­ warranted. If a hearing is deemed neces­ from Baton Rouge, La., to points in Ala­ braska, Minnesota, Kansas, and Missouri sary, applicant does not specify a bama, Arkansas, Illinois, Kansas, Ken­ restricted to traffic originating at the location. tucky, South Carolina, Tennessee, Texas, plantsite and/or warehouses utilized by No. MC 114273 (Sub-No. 41), filed Michigan, and California. N ote: Appli­ Great Markwestem Packing Co., at April 3, 1969. Applicant: CEDAR cant states that the authority sought Hillsdale, Mich. N ote: Applicant states RAPIDS STEEL TRANSPORTATION, would be tacked with its present authori­ it does not intend to tack, and is ap­ INC., Post Office Box 68, Cedar Rapids, ty in MC 116077 Subs 6 and 136 in Harris parently willing to accept a restriction Iowa 52406. Applicant’s representative: and Brazoria Counties, Tex., to points against tacking if warranted. If a hear­ Gene R. Prokuski (same address as in the United States not directly here ing is deemed necessary, applicant re­ above). Authority sought to operate as involved (except to Wyoming). The pur­ quests it be held at Detroit, Mich. a common carrier, by motor vehicle, over pose of this republication is to add the No. MC 117883 (Sub-No. 122), filed irregular routes, transporting; Tires and State of Kansas as a destination point. April 10, 1969. Applicant: SUBLER tire tubes, from Mansfield, Ohio, to If a hearing is deemed necessary, appli­ TRANSFER, INC., Flast Main Street, Millersburg, Iowa, and return of re­ cant requests it be held at Houston, Tex., Versailles, Ohio 45380. Applicant’s rep­ jected shipments from Millersburg, Iowa, or New Orleans, La. resentative: Jack H. Blanshan, 29 South to Mansfield, Ohio. N ote: Applicant No. MC 116474 (Sub-No. 18), filed La Salle Street, Chicago, HI. 60603. Au­ states it does not intend to tack and April 1, 1969. Applicant: LEAVITTS thority sought to operate as a common apparently is willing to accept a restric­ FREIGHT SERVICE, INC., Route 1, Box carrier, by motor vehicle, over irregular tion against tacking if warranted. If a 170B, Springfield, Oreg. 97477. Appli­ routes, transporting: Meat, meat prod­ hearing is deemed necessary, applicant cant’s representative: Earle V. White, ucts, meat by-products and articles dis­ requests it be held at Chicago, HI. 2400 Southwest Fourth Avenue, Port­ tributed by meat packinghouses, as de­ No. MC 115162 (Sub-No. 170), filed land, Oreg. 97201. Authority sought to scribed in appendix I to the report in April 3, 1969. Applicant: WALTER operate as a contract carrier, by motor descriptions in Motor Carrier Certifi­ POOLE, doing business as POOLE vehicle, over irregular routes, transport­ cates, 61 M.C.C. 209 and 766, from Hills­ TRUCK LINE, Post Office Box 310, Ever­ ing: (1) Lumber and lumber products, dale, Mich., to points in Maine, New green, Ala. 36401. Applicant’s representa­ (a) from points in Oregon to points in Hampshire, Vermont, Illinois, Connecti­ tive: Robert E. Tate (same address as Washington and California; (b) from cut, Massachusetts, Rhode Island, New above). Authority sought to operate as a points in Washington to points in Ore­ York, New Jersey, Pennsylvania, Ohio, common carrier, by motor vehicle, over gon; (c) from points in California to Delaware, Maryland, Virginia, West Vir­ irregular routes, transporting: Iron and points in Oregon; and (d) from points in ginia, and the District of Columbia (re­ steel and iron and steel articles, and Oregon and Washington to points in stricted to traffic originating at the portable cranes moving incidental there­ Idaho and Montana, under contract plantsite and/or warehouses utilized by to, between Mobile, Ala., and Pensacola, with Weyerhaeuser Co., Duco-Lam, Inc., Great Markwestem Packing Co., at Hills­ Fla., on the one hand, and, on the other, Rosboro Lumber Co., Koppers Co., dale, Mich.). N ote; Applicant states it points in the United States in and east Inc., A1 Disdero Lumber Co., Clear does not intend to tack and apparently is of North Dakota, South Dakota, Ne­ Fir Products Co., and Cascadian Co.; willing to accept a restriction against braska, Kansas, Oklahoma, and Texas. (2) laminated wood products, pre­ tacking if warranted. If a hearing is Note: Applicant states it does not in­ fabricated wood timbers, trusses and deemed necessary, applicant requests it tend to tack, and is apparently willing to beams, and accessories used in the erec­ be held at Detroit, Mich. accept a restriction against tacking if tion, construction, and completion of the No. MC 118292 (Sub-No. 19), filed warranted. If a hearing is deemed neces­ foregoing when shipped therewith, from April 7, 1969. Applicant: BALLENTHNTE sary, applicant requests it be held at Riddle, Oreg., to points in Oregon, Wash­ PRODUCE, INC, Post Office Box 312, Mobile, Ala., or Pensacola, Fla. ington, Idaho, Montana, Nevada, and Alma, Ark. 72921. Applicant’s represent­ No. MC 115322 (Sub-No. 59), filed California, under contract with Riddle ative: Lester M, Bridgeman, 1000 Wood­ March 26, 1969. Applicant: REDWING Lamina tors; (3) wooden poles and piling, ward Building, Washington, D.C. 20005.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 7208 NOTICES Authority sought to operate as a common Kentucky, Michigan, Missouri, North tween points within 50 miles of Potts- carrier, by motor Vehicle, over irregular Carolina, Ohio, South Carolina, and Wis­ town, HI., on the one hand, and, on the routés, transporting: Poultry and poul­ consin. N ote: Applicant holds contract other, Chicago, Rock Island, East St. try products, cooked and uncooked, from carrier authority under MC 125664, Louis-, and Moline, HI. If a hearing is Heavener, Okla., to points in Alabama, therefore dual operations may be in­ deemed necessary, applicant requests it Arizona, Arkansas, California, Colorado, volved. Applicant states it does not in­ be held at Chicago, 111., or St. Louis, Mo. Florida, Georgia, Illinois, Kansas, tend to tack and apparently is willing to No. MC 121060 (Sub-No. 6), filed Louisiana, Michigan, Minnesota, Mis­ accept a restriction against tacking if April 2, 1969. Applicant: ARROW souri, Mississippi, Nebraska, North warranted. If a hearing is deemed neces­ TRUCK LINES, INC., 1220 West Third, Carolina, Oregon, South Carolina, South sary, applicant requests it be held at Post Office Box 5568, Birmingham, Ala. Dakota, Tennessee, Texas, Washington, Nashville, Tenn., or Chicago, 111. 35407. Applicant’s representative: Robert and Wisconsin. N ote: Applicant states No. MC 119641 (Sub-No. 80), filed E. Tate, Post Office Box 517, Evergreen, it does not intend to tack, and is ap­ April 7, 1969. Applicant: RINGLE EX­ Ala. 36401. Authority sought to operate parently willing to accept a restriction PRESS, INC., 450 South Ninth Street, as a common carrier, by motor vehicle, against tacking if warranted. If a hear­ Fowler, Ind. 47944. Applicant’s repre­ over irregular routes, transporting: (1) ing is deemed necessary, applicant re­ sentative: Robert C. Smith, 620 Illinois Lime, cement, lumber, concrete products, quests it be held at Little Rock, Ark., or Building, Indianapolis, Ind. 46204. Au­ pipe, brick, and Terra Cotta pipe, be­ Washington, D.C. thority sought to operate as a common tween Birmingham, Ala., including No. MC 118904 (Sub-No. 5) (Clarifica­ carrier, by motor vehicle, over irregular points within 25 miles of Birmingham, tion) , filed February 3, 1969, published routes, transporting: Agricultural imple­ and points in Alabama; and (2) road F ederal R egister issue of March 6, 1969, ments, agricultural machinery, and parts building and excavating equipment; and republished as clarified this issue. for agricultural implements and agricul-" building and construction material and Applicant: LONNIE WOOD TRUCK- tural machinery, from the plantsite and supplies such as: limestone, cement, lime, AWAY, LTD., 1915 F Avenue, Lawton, warehouse facilities of Oliver Corp., slag, sand, brick, construction steel, rock, Okla, 73501. Applicant’s representative : located at or near South Bend, Ind., to tile, contractor’s forms, tool houses, tool D. D. Brunson, Post Office Box 671, Okla­ ports of entry on the international boxes, culverts, iron and steel construc­ homa City, Okla. 73102. Authority sought boundary line between the United States tion articles, contractors machinery, in­ to operate as a common carrier, by motor and Canada, located at Port Huron and cluding boilers, plant machinery, rail­ vehicle, over irregular routes, transport­ Detroit, Mich. N ote: Applicant states it road steel rails, and track materials, ing: (1) Trailers, designed to be trans­ does not intend to tack, and is appar­ storage tanks, and iron and steel and iron ported by passenger automobiles and ently willing to accept a restriction and steel articles, between points in Ala­ equipped with hitchball connectors, and against tacking if warranted. If a hear­ bama, within a radius of 150 miles of (2) buildings, complete, knocked down or ing is deemed necessary, applicant re­ Birmingham, Ala. N ote : Applicant states in sections, when transported on wheeled quests it be held at Chicago, 111. it does not intend to tack, and is ap­ undercarriages, from points in Mayes No. MC 119903 (Sub-No. 9) (Cor­ parently willing to accept a restriction and Creek Counties, Okla., to points in rection), filed February 19, 1969, pub­ against tacking if warranted. If a hear­ the United States (except Hawaii and lished in the F ederal R egister issues of ing is deemed necessary, applicant re­ Alaska). N ote: The purpose of this re­ March 13, 1969, and April 17, 1969, and quests it be held at Birmingham, Ala. publication is to more clearly set forth republished, as corrected this issue. Ap­ No. MC 123314 (Sub-No. 12), filed the commodity in (1) above by adding plicant: D. J. WALRAVEN, 2713 Maple March 14, 1969. Applicant: JOHN F. “transported by passenger automobiles”. Avenue, Rome, Ga. 30161. Applicant’s WALTER, INC., Box 175, Newville, Pa. If a hearing is deemed necessary, appli­ representative: Alan E. Serby and Paul 17241. Applicant’s representative: Eu­ cant requests it be held at Oklahoma M. Daniell, 1600 First Federal Building, gene T. Liipfert, Suite 1100, 1660 L City or Tulsa, Okla., or Dallas, Tex. Atlanta, Ga. 30303. Authority sought to Street NW., Washington, D.C. 20036. Au­ No. MC 118904 (Sub-No. 6) (Clarifica­ operate as a contract carrier, by motor thority sought to operate as a common tion) , filed February 3,1969, published in vehicle, over irregular routes, transport­ carrier, by motor vehicle, over irregular F ederal R egister issue of March 6, 1969, ing: (1) Fertilizer, in bulk or in bags, routes, transporting: (1) Canned, pre­ and republished as clarified this issue. from Hanceville, Ala., to points in that served and processed food products and Applicant: LONNIE WOOD TRUCK- part of Georgia on and north or the materials, equipment and supplies used in AWAY, LTD., 1915 F Avenue, Lorton, south and east line of Troup, Coweta, the production, sale and distribution Okla. 73501. Applicant’s representative: Spalding, Butts, Jasper, and Putnam thereof, between the H. J. Heinz Com­ David D. Brunson, Post Office Box 671, Counties, and on and west of U.S. High­ pany Distribution Center in the Borough Oklahoma City, Okla. Authority sought way 441; and points in Knox, Blount, of Mechanicsburg, Pa., on the one hand, to operate as a common carrier, by mo­ Sevier and Anderson Counties, Tenn., and, on the other, points in Indiana and tor vehicle, over irregular routes, trans­ and (2) fertilizer and fertilizer materials, Ohio. (2) Prepared food products, ad­ porting: Trailers designed to be trans­ in bags and in bulk, from Tyner, Tenn., vertising matter, stationery and mate­ ported by passenger automobiles and to points in Alabama, under a continuing rials, supplies and equipment, used or equipped with hitchball connector, in contract or contracts, with Cotton Pro­ useful in the manufacture of prepared initial movements, from Claremore, ducers Association of Atlanta, Ga., and food products (a) from the H. J. Heinz Okla., to points in the United States (ex­ its affiliates. N ote: This republication is Company Distribution Center in the cept Hawaii). N ote : The purpose of this for the purpose of showing the origin as Borough of Mechanicsburg, Pa., to Ant­ republication is to redescribe the com­ Tyner, Term., in lieu of Tyner, Tex., as werp, Buffalo, Rochester, and Syracuse, modity description. If a hearing is previously published in error. If a hearing N.Y., Baltimore, Md., Harrisburg and deemed necessary, applicant requests it is deemed necessary, applicant requests Philadelphia, Pa., and Washington, D.C., be held at Oklahoma City, Okla., Dallas, it be held at Atlanta, Ga. and (b) from Medina, N.Y., Chambers- Tex., or Tulsa, Okla. No. MC 120737 (Sub-No. 6), filed burg, Pa., Baltimore, Md., and Salem, No. MC 118959 (Sub-No: 41), filed March 17, 1969. Applicant: STAR N.J., to the H. J. Heinz Company Dis­ April 8, 1969. Applicant: JERRY LIPPS, DELIVERY & TRANSFER, INC., 948 tribution Center in the Borough of INC., 130 South Fredërick Street, Cape North Fifth Avenue, Canton, 111. 61520. Mechanicsburg, Pa.; and (3) Prepared Girardeau, Mo. 63701. Authority sought Authority sought to operate as a com­ food products, and materials, equipment to operate as a common carrier, by motor mon carrier, by motor vehicle, over ir­ and supplies used in or incidental to the vehicle, over irregular routes, transport­ regular routes, transporting: Plastic preparation, packing, and sale thereof ing: Plastic and rubber articles and articles, between Ashtabula, Ohio, on the (except liquid commodities in bulk, in equipment, materials and supplies used one hand, and points in Fulton County, tank vehicles) from the H. J. Heinz Com­ or useful in the installation or sales of- 111., on the other. N ote: Applicant states pany Distribution Center in the Borough these articles, from Shelbyville, Tenn., it will tack with its presently held au­ of Mechanicsburg, Pa., to points in Flor­ to points in Alabama, Arkansas, Florida, thority in its Sub 2, wherein a portion ence Township, Burlington County, N.J. Georgia, Illinois, Indiana, Iowa, Kansas, of its authority authorizes operations be­ Note: Applicant states it does not intend

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 NOTICES 7209 to tack, and is apparently willing to ac­ Ala. If a hearing is deemed necessary, SHIELD, Rural Delivery No. 1, Sigel, Pa. cept a restriction against tacking if applicant requests it be held at Macon or 15860. Applicant’s representative: Arthur warranted. If a hearing is deemed neces­ Atlanta, Ga. J. Diskin, 806 Frick Building, Pittsburgh, sary, applicant requests it be held at No. MC 127042 (Sub-No. 33), filed Pa. 15219. Authority sought to operate as Washington, D.C. April 2, 1969. Applicant: HAGEN, INC., a common carrier, by motor vehicle, over No. MC 125045 (Sub-No. 4), filed 4120 Floyd Boulevard, Post Office Box 6, irregular routes, transporting: Logs and March 28, 1969. Applicant: SHERMAN Leeds Station, Sioux City, Iowa 51108. lumber, (1) from points in New York to MOLDE, doing business as MOLDE Applicant’s representative: Joseph W. points in Pennsylvania and Ohio, (2) TRUCKING COMPANY, 955 11& Street Harvey (same address as above). Au­ from points in Pennsylvania to points in SW., Rochester, Minn. 55901. Applicant’s thority sought to operate as a common Ohio, New York, Indiana, Michigan, West representative: Richard E. White, Room carrier, by motor vehicle, over irregular Virginia, Virginia, and Maryland, and (3) 8, District Building, 316 First Avenue routes, transporting: Insulation mate­ from points in Ohio to points in Pennsyl­ SW., Rochester, Minn. 55901. Authority rials and expanded plastic materials, vania and New York. N ote: Applicant sought to operate as a contract carrier, from Belvidere, 111., to points in Iowa, states it will request revocation of exist­ by motor vehicle, over irregular routes, Nebraska, Minnesota, Colorado, North ing authority to the extent that it dupli­ transporting: Dairy products, as de­ Dakota, and South Dakota. N ote: Appli­ cates the proposed authority, if this ap­ scribed in section B of appendix I to the cant states it does not intend to tack, and plication is approved. Applicant further report in Descriptions in Motor Carrier is apparently willing to accept a restric­ states it does not intend to tack, and is Certificates, 61 M.C.C. 209, and ice tion against tacking if warranted. If a apparently willing to accept a restriction cream, from Rochester, Minn., to points hearing is deemed necessary, applicant against tacking if warranted. If a hearing in Iowa on and north of U.S. Highway 6 requests it be held at Chicago, 111., or Des is deemed necessary, applicant requests and points in Wisconsin, under contract Moines, Iowa. it be held at Pittsburgh; Pa., or Washing­ with Marigold Foods, Inc. N ote : If a No. MC 127193 (Sub-No. 3), filed ton, D.C. hearing is deemed necessary, applicant April 9, 1969. Applicant: LEONARD No. MC 127539 (Sub-No. 9), filed requests it be held at Minneapolis, Minn. BROS. VAN & STORAGE CO., a corpora­ April 10, 1969. Applicant: PARKER tion, 7060 West Fort Street, Detroit, REFRIGERATED SERVICE, INC., 3533 No. MC 125194 (Sub-No. 10), filed Mich. 48209. Applicant’s representative: East 11th Street, Tacoma, Wash. 98421. April 4, 1969. Applicant: STATE LINE Robert A. Sullivan, 1800 Buhl Building, Applicant’s representative: George R. DAIRY, INC., 1015 State Line Road, Detroit, Mich. 48226. Authority sought to LaBissoniere, 1424 Washington Building, Niles, Mich. 49120. Applicant’s represent­ operate as a common carrier, by motor Seattle, Wash. 98101. Authority sought ative: J. M. Neath, Jr., 1 Vandenberg vehicle, over irregular routes, transport­ to operate as a common carrier, by motor Center, Grand Rapids, Mich. 49502. Au­ ing: Used household goods, between vehicle, over irregular routes, transport­ thority sought to operate as a contract points in Huron, Tuscola, Sanilac, Sagi­ carrier, by motor vehicle, over irregular ing: Bananas, from Seattle, Wash., to naw, Gratiot, Montcalm, Muskegon, Ot­ points in Oregon and Washington. N ote: routes, transporting: Milk and dairy tawa, Kent, Ionia, Clinton, Shiawassee, Applicant states it does not intend to products and filled and imitation milk Genessee, Lapeer, St. Clair, Macomb, tack, and is apparently willing to accept and dairy products, fruit drinks and Oakland, Livingston, Ingham, Eaton, a restriction against tacking if warranted. salads, (1) from Indianapolis, Ind., to Barry, Allegan, Van Buren, Kalamazoo, Applicant holds contract carrier au­ points in Michigan and Ohio, and (2) Calhoun, Jackson, Washtenaw, Wayne, thority under MC 124593, therefore, dual from Livonia, Mich., to points in Indiana, Berrien, Cass, St. Joseph, Branch, Hills­ operations may be involved. If a hearing and Ohio, under contract with The dale, Lenawee, and Monroe Counties, is deemed necessary, applicant requests Kroger Co. N ote: If a hearing is deemed Mich., restricted to the transportation of it be held at Seattle, Wash. \ necessary, applicant requests it be held traffic having a prior or subsequent No. MC 128201 (Sub-No. 1), filed at Lansing, Mich., Chicago, HI., or movement, in containers, beyond the April 2, 1969. Applicant: SCHUSTER Detroit, Mich. points authorized and further restricted GRAIN COMPANY, INC., LeMars, Iowa. No. MC 126049 (Sub-No. 6), filed to the performance of pickup and de­ Applicant’s representative: J. Max Hard­ April 2, 1969. Applicant: DODEN livery service in connection with pack­ ing, 605 South 14th Street, Post Office TRUCKING COMPANY, INC., Woden, ing, crating and containerization or un­ Box 2028, Lincoln, Nebr. 68501. Author­ Iowa 50484. Applicant’s representative: packing, uncrating and decontaineriza­ ity sought to operate as as a contract Clayton L. Wornson, 824 Brick & Tile tion of such traffic. N ote: Applicant carrier, by motor vehicle, over irregular Building, Mason City, Iowa 50401. Au­ states it does not Intend to tack, and is routes, transporting: (1) Animal and thority sought to operate as a common apparently willing to accept a restriction poultry feeds and animal health prod­ carrier, by motor vehicle, over irregular against tacking if warranted. If a hear­ ucts (except liquids in bulk), (a) from routes, transporting: “Salted Sheep­ ing is deemed necessary, applicant re-, the plantsite and warehouse facilities of skins’*, from Scottsbluff, Nebr., to Mason quests it be held at Detroit or Lansing, Nixon & Co., a division of Nebraska Con­ City, Iowa. N ote: Applicant states it Mich. solidated Milling Co., at Sioux City, does not intend to tack and apparently is No. MC 127252 (Sub-No. 1), filed Iowa, to points in Minnesota, Nebraska, willing to accept a restriction against April 3, 1969. Applicant: WAYNE TAR­ and South Dakota, (b) from the plant- tacking if warranted. N ote: If a hear­ VIN AND RICHARD TARVIN, a part­ site and warehouse facilities of Nixon & ing is deemed necessary, applicant re­ nership, doing business as TARVIN Co., a division of Nebraska Consolidated quests it be held at Mason City, Iowa. TRUCKING CO., Dewey, HI. Applicant’s Milling Co., at Omaha, Nebr., to the No. MC 127038 (Sub-No. 3), filed representative: Charles R. Young, West plantsite and warehouse facilities of April 2, 1969. Applicant: SAM N. COLE, Seminary Street, Danville, HI. 61832. Nixon & Co., a division of Nebraska Con­ doing business as ALABAMA-GEORGIA Authority sought to operate as a contract solidated Milling Co., at Sioux City, Iowa, EXPRESS, 2616 Commerce Boulevard carrier, by motor vehicle, over irregular and (2) animal and poultry feed in­ (Irondale), Post Office Box 6608, Bir­ routes, transporting: Farm machinery gredients (except liquids in bulk), from mingham, Ala. 35210. Applicant’s rep­ (except those commodities which, be­ points in Minnesota, Nebraska, and resentative: William Addams, Suite 527, cause of size or weight, require special South Dakota to the plantsite and ware­ 1776 Peachtree Street NW., Atlanta, Ga. equipment), from Des Moines and house facilities of Nixon & Co., a division 30309. Authority sought to operate as a Waterloo, Iowa, to Paxton, Farmer City, of Nebraska Consolidated Milling Co., at common carrier, by motor vehicle, over and Monticello, HI., under contracts with Sioux City, Iowa, under contract with irregular routes, transporting: General Paxton Farm Equipment Co., Paxton, 111., Nixon & Co., a division of Nebraska Con­ commodities (except explosives and com­ Hawn & Overton, Farmer City, HI., and solidated Milling Co. Note: If a hearing modities requiring special equipment), J. F. Heath & Son, Monticello, 111. N ote: is deemed necessary, applicant requests between the plantsite of Bibb Manufac­ If a hearing is deemed necessary, appli­ it be held at Sioux City, Iowa, or Omaha, turing Co., at Percale, Ga., on the one cant requests it be held at Springfield or Nebr. hand, and, on the other, points within 15 Chicago, HI. No. MC 128273 (Sub-No. 43), filed miles of Birmingham. N ote: Applicant No. MC 127362 (Sub-No. 2), filed April 4, 1969. Applicant: MIDWESTERN states that it would tack at Birmingham, April 2, 1969. Applicant: H. L. KNEP- EXPRESS, INC., Post Office Box 189,

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 7210 NOTICES Port Scott, Kans. 66701. Applicant’s rep­ Scott, Kans. 66701. Applicant’s repre­ contracts, with Nelsner Bros., Inc., of resentative': Harry Ross, 848 Warner sentative: Harry Ross, 848 Warner Rochester, N.Y. Note::, If a hearing is Building, Washington; D.C. 20004. Au­ Building, Washington, D.C. 20004. Au­ deemed necessary, applicant requests it thority sought to operate as a common thority sought to operate as a common be held at Rochester or Buffalo, N.Y. carrier, by motor vehicle, over irregular carrier, by motor vehicle, over irregular, No. MC 128920 (Sub-No. 1), filed routes, transporting: (1) Paper and pa­ routes, transporting: General commodi­ April 3, 1969. Applicant: LEIGHTON D. per products, products produced or dis­ ties, including classes A and B explo­ CHARLSEN, doing business as tributed by manufacturers and convert­ sives, moving for the account of the CHARLSEN TRUCKING SERVICE, 1030 ers of paper products, and (2) materials Federal Government, between points in South Fourth Street, Stillwater, Minn. and supplies used in the manufacture Alabama, Arizona, Arkansas, California, 55082. Applicant’s representative: Rob­ and distribution of the foregoing com­ Colorado, Georgia, Idaho, Illinois, Indi­ ert E. Swanson, 1211 South Sixth modities (except commodities which, be­ ana, Iowa, Kansas, Kentucky, Louisiana, Street, Stillwater, Minn. 55802. Authority cause of size or weight, require the use Michigan, Minnesota, Mississippi, Mis­ sought to operate as a contract carrier, of special equipment), (a) between souri, Montana, Nebraska, Nevada, New by motor vehicle, over irregular routes, points in Crow Wing and Carlton Coun­ Mexico, North Dakota, Ohio, Oklahoma, transporting: Bed and furniture parts, ties, Minn., on the one hand, and, on the Oregon, South Dakota, Tennessee, Texas, and materials, and supplies therefor, be­ other, points in Alabama, Arizona, Ar­ Utah, Washington, Wisconsin, and Wyo­ tween St. Paul, Bayport, and Stillwater, kansas, California, Colorado, Florida, ming. N ote: Applicant states it does not Minn., and Luck, Wis., under contract Georgia, Idaho, Illinois (except points intend to tack, and is apparently willing with St. Croix Manufacturing Co. N ote: north of U.S. Highway 24), Indiana (ex­ to accept a restriction against tacking If a hearing is deemed necessary, appli­ cept points north of U.S. Highway 24), if warranted. Applicant further states cant requests it be held at Minneapolis, Iowa, Kansas, Kentucky, Louisiana, Mis­ that no duplicating authority is being Minn. sissippi, Missouri, Montana, Nebraska, sought. If a hearing is deemed neces­ No. MC 129092 (Sub-No. 2), filed Nevada, New Mexico, North Carolina, sary, applicant requests it be held at April 2, 1969. Applicant: HARVEY Ohio* Oklahoma, Oregon, South Caro­ Washington, D.C. TRANSPORT LIMITED, Post Office Box lina, Tennessee, Texas, Utah, Virginia, No. MC 128343 (Sub-No. 7), filed 637, du Pont Street, Alma, Lac St. Jean, Washington, West Virginia, and Wyo­ April 8, 1969. Applicant: C-LINE, INC., Quebec, Canada. Applicant’s representa­ ming, and (b) between points in Winne­ Tourtellot Hill Road, Cheppachet, R.L tive: John J. Brady, Jr., 75 State Street, bago and Outagamie Counties, Wis., on 02814. Applicant’s representative: Ron­ Albany, N.Y. 12207. Authority sought to the one hand, and, on the other, points ald N. Cobert, 1730 M Street NW., Suite operate as a contract carrier, by motor in Montana, Wyoming, Colorado, New 501, Washington, D.C. 20036. Authority vehicle, over irregular routes, transport­ Mexico, Arizona, Utah, Idaho, Washing­ sought to operate as a contract carrier, ing: Granite, rough and polished, in ton, Oregon, Nevada, and California. by motor vehicle, over irregular routes, blocks and slabs, semifinished and fin­ N ote: Applicant states it does not in­ transporting: (1) Electrical and auto­ ished, from ports of entry on the interna­ tend to tack, and is apparently willing motive goods, appliances, equipment, tional boundary line between the United to accept a restriction against tacking if parts, and related accessory items used in States and Canada located at or near warranted. No duplicating authority is the manufacture and distribution there­ Derby Line, Norton, Highgate Springs, sought. If a hearing is deemed necessary, of, from points in New Jersey and New and Morses Line, Vt., and Jackman, applicant requests it be held at Kansas York to points in Alabama, California, Maine, to points in Maine, New Hamp­ City, Mo., or Washington, D.C. Connecticut, Delaware, Florida, Georgia, shire, Vermont, Massachusetts, New No. MC 128273 (Sub-No. 44), filed Illinois, Indiana, Iowa, Kentucky, Louisi­ York, Connecticut, and Rhode Island, April 3, 1969. Applicant: MIDWESTERN ana, Maine, Maryland, Massachusetts, under contract with National Granite, EXPRESS, INC., Post Office Box 189, Michigan, Minnesota, Mississippi, Mis­ Ltd. N ote : If a hearing is deemed neces­ Port Scott, Kans. 66701. Applicant’s rep­ souri, New Hampshire, New Jersey, New sary, applicant requests it be held at resentative: Harry Ross, 848 Warner York, North Carolina, Ohio, Pennsyl­ Albany or Plattsburgh, N.Y. Building, Washington, D.C. 20004. Au­ vania, Rhode Island, South Carolina, No. MC 129184 (Sub-No. 2), filed thority sought to operate as a common Tennessee, Vermont, Virginia, West Vir­ April 3, 1969. Applicant: KENNETH L. carrier, by motor vehicle, over irregular ginia, Wisconsin, and the District of KELLAR, Post Office Box 449, Blaine, routes, transporting: Paper and paper Columbia, and (2) materials, equipment Wash. 98230. Applicant’s representative: products (except commodities in bulk), and supplies, used in the manufacture of Joseph O. Earp, 607 Third Avenue, Seat­ from Monroe and West Monroe, La., to the commodities set forth in paragraph tle, Wash. 98104. Authority sought to points in Alabama, Arizona, Arkansas, (1) above, on return, under contract with operate as a contract carrier, by motor California, Connecticut, Delaware, Flor­ Avnet, Ihc. Note: If a hearing is deemed vehicle, over irregular routes, transport­ ida, Georgia, Idaho, Kentucky, Maine, necessary, applicant requests it be held ing: Liquor and cigarettes, (1) from Maryland, Massachusetts, Michigan, at Washington, D.C., or Providence, R.I. Blaine, Wash., to Anacortes, Bellingham, Minnesota, Mississippi, Montana, Ne­ No. MC 128555 (Sub-No. 2), filed Everett, Femdale, Olympia, Seattle, and vada, New Mexico, New Jersey, New April 7, 1969. Applicant: MEAT DIS­ Tacoma, Wash., restricted to traffic hav­ York, North Carolina, North Dakota, PATCH, INC., 1000 Jefferson Road, ing had a prior movement in Canada or Ohio, Oregon, Pennsylvania, Rhode Is­ Rochester, N.Y. 14623. Applicant’s repre­ a prior movement by water under con­ land, South Carolina, South Dakota, Ten­ sentative: Raymond A. Richards, 23 West tinuing contracts with Exports, Ihc., and nessee, Texas, Utah, Vermont, Virginia, Main Street, Webster, N.Y. 14580. Au­ Provincial Warehouse, Inc., and (2) Washington, West Virginia, Wisconsin, thority sought to operate as a contract from Blaine, Wash., to Eastport, Idaho, New Hampshire, District of Columbia, carrier, by motor vehicle, over irregular Noyes, Baudette, International Falls, Kansas City, Mo., and Kansas City, routes, transporting: Such commodities Grand Portage and Duluth, Minn., and Kans., and their commercial zones, St. as are dealt in by department stores, be­ (3) from Duluth, Minn., to Detroit, Louis, Mo., and East St. Louis, 111., and tween points in Alabama, Arkansas, Con­ Mich., Chicago, 111., Milwaukee, Wis., and their commercial zones, Chicago, HI., and Minneapolis, Minn., restricted to traf­ necticut, Delaware, Florida, Georgia, fic having had a prior movement in its commercial zone. N ote: Applicant Illinois, Indiana, Iowa, Kansas, Ken­ states it does not intend to tack, and is tucky, Louisiana, Maine, Maryland, Mas­ Canada or a prior movement by water apparently willing to accept a restriction sachusetts, Michigan, Minnesota, Missis­ under a continuing contract with Ex­ if warranted. Applicant further states sippi, Missouri, Nebraska, New Hamp­ ports, Inc. N ote: If a hearing is deemed that no duplicating authority is sought. shire, New Jersey, New York, North Caro­ necessary, applicant requests it be held If a hearing is deemed necessary, appli­ lina, Ohio, Oklahoma, Pennsylvania, at Seattle, Wash. cant requests it be held at Kansas Rhode Island, South Carolina, Tennessee, No. MC 129613 (Sub-No. 5), filed City, Mo. Texas, Vermont, Virginia, West Virginia, April 8, 1969. Applicant: ARTHUR H. No. MC 128273 (Sub-No. 45) , filed April Wisconsin, and the District of Columbia FULTON, Stephens City, Va. 22655. Ap­ 3, 1969. Applicant: MIDWESTERN EX­ (except from Rochester, N.Y., to points in plicant’s representative:. Eston H. Alt, PRESS, INC., Post Office Box 189, Port Florida), under a continuing contract or Post Office Box 81, Winchester, Va.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 NOTICES 7211 22601. Authority sought to operate as a Beach, Calif., under contract with Pacific terial (except dry cement); (a) from contract carrier, by motor vehicle, over Gas and Electric Company. Note: If a points in Troup, Coweta, Muscogee, and irregular routes, transporting: Malt hearing is deemed necessary, applicant Richmond Counties, Ga., to points in Al­ beverages, from Newark, N.J., to Win­ requests it be held at Los Angeles, Calif. lendale, Barnwell, Aiken, McCormick, chester, Va., under contract with A. K. No. MC 133359 (Sub-No. 2), filed and Edgefield Counties, S.C., and (b) Wingert and Winston Wallace, Jr., doing April 7, 1969. Applicant: DWAYNE W. from points in Coweta, Troup, Muscogee, business as W & W Sales. Note: If a HIBBARD, doing business as HIBBARD and Richmond Counties, Ga., to points in hearing is deemed necessary, applicant MOVING AND STORAGE COMPANY, Alabama. Note: If a hearing is deemed requests it be held at Washington, D.C. 1452 Veterans Boulevard, Redwood City, necessary, applicant requests it be held No. MC 133076 (Sub-No. 1), filed Calif. 94063. Applicant’s representative: at Atlanta, Ga. April 7, 1969. Applicant: P. STANLEY George M. Carr, 351 California Street, No. MC 133415 (Sub-No. 2), filed COBANE, doing business as COBANE San Francisco, Calif. 94104. Authority April 7, 1969. Applicant: SID PLANA- AIR FREIGHT, Box 3, Rural Route 1, sought to operate as a common carrier, MENTA, doing business as S & R AUTO Deer Grove, HI. 61243. Applicant’s repre­ by motor vehicle, over irregular routes, PARTS DELIVERY SERVICE, 913 sentative: George S. Mullins, 4704 West transporting: Used household goods, be­ McKinley Street, Peekskill, N.Y. 10566. Irving Park Road, Chicago, 111. 60641. tween points in Marin, Contra Costa, Applicant’s representative: Edward M. Authority sought to operate as a com­ Alameda, San Mateo, Santa Clara, and Alfano, 2 West 45th Street, New York, mon carrier, by motor vehicle, over ir­ San Francisco Counties, Calif., restricted N.Y. 10036. Authority sought to operate regular routes, transporting: General to the transportation of traffic having a as a contract carrier, by motor vehicle, commodities (except those of unusual prior or subsequent movement in con­ over irregular routes, transporting: Such value, classes A and B explosives, house­ tainers beyond the points requested, and commodities as are dealt in by a manu­ hold goods as defined by the Commis­ further restricted to the performance of facturer and distributor of automobile sion, commodities in bulk, and those re­ pickup and delivery service in connection parts, uncrated and crated, from site of quiring special equipment), between with packing, crating and containeriza­ shipper’s warehouse at Bayonne, N.J., to points in Lee and Whiteside Counties, tion or unpacking, uncrating and decon­ points in Nassau, Suffolk, and West­ HI., and Clinton County, Iowa, on the tainerization of such traffic. N ote : If a chester Counties, N.Y., and returned one hand, and, on the other, O’Hare hearing is deemed necessary, applicant shipments, from points in Nassau, Suf­ International Airport, Midway Airport requests it be held at San Francisco, folk, and Westchester Counties, N.Y., to and Meigs Field, at or near Chicago, HI., Calif. site of shipper’s warehouse at Bayonne, restricted to traffic having prior or sub­ No. MC 133377 (Sub-No. 2) (Amend­ N.J,; under a continuing contract, or sequent movement by air. Note: Appli­ ment), filed January 6, 1969, published contracts, with the Maremont Marketing, cant states it intends to interline with in F ederal R egister issues of January 30, Inc., of Bayonne, N.J. N ote: If a hearing air freight carriers operating out of 1969, and February 27, 1969, amended is deemed necessary, applicant requests named airports. If a hearing is deemed February 12, 1969 and April 11, 1969, re­ it be held at New York, N.Y. necessary, applicant requests it be held spectively, and republished as amended No. MC 133515 (Sub-No. 1), filed at Chicago, HI. this issue. Applicant: COMMERCIAL April 7, 1969. Applicant: ART WILSON No. MC 133128 (Sub-No. 2), filed SERVICES, INC., Lakeside, Iowa 50588. ENTERPRISES, INC., 3936 55th Street, April 7, 1969. Applicant: F-B TRUCK Applicant’s representative: William A. Des Moines, Iowa 50310. Applicant’s rep­ LINE COMPANY, a, corporation, 1891 Landau, 1451 East Grand Avenue, Des resentative: William L. Fairbank, 610 West 2100 South Street, Salt Lake City, Moines, Iowa 50.306. Authority sought to Hubbell Building, Des Moines, Iowa Utah 84117. Applicant’s representative: operate as a common carrier, by motor 50309. Authority sought to operate as a Duane W. Acklie, 521 South 14th Street, vehicle, over irregular routes, transport­ common carrier, by motor vehicle, over Post Office Box 806, Lincoln, Nebr. 68501. ing: Meats, meat products, meat by­ irregular routes, transporting: (1) Authority sought to operate as a contract products, articles distributed by meat Yogurt, snack dips, ice cream, ice milk, carrier, by motor vehicle, over irregular packing houses and commodities used by fruit flavored drinks, dairy products, and routes, transporting: Animal food, and meat packers, as described in sections A, vegetable fat products, (a) from Kansas advertising matter, premiums, and dis­ C, and D of appendix I to the report in City, Mo. to points in Iowa; Omaha, play materials, when shipped in the Descriptions in Motor Carrier Certifi­ Nebr.; and Rock Island, 111., (b) between same vehicle with the commodities as cates, 61 M.C.C. 209 and 766 (except Des Moines, Iowa and Rock Island, HI.; described above, from Los Angeles, Calif., hides and commodities in bulk), and and (2) ice cream and ice milk products, and its commercial zone to points in Foodstuffs when transported in mixed from Chicago, 111., and Milwaukee, Wis., Colorado, Nebraska, Utah, Kansas, Mis­ shipments with the commodities named to points in Iowa, under contract with souri, Iowa, Minnesota, Wisconsin, Ken­ above,' (1) from Fort Dodge, Iowa, to Borden, Inc. N ote : If a hearing is deemed tucky, Illinois; Indiana, Ohio, Michigan, points in Iowa and Missouri, and (2) necessary, applicant requests it be held Pennsylvania, New York, New Jersey, between Fremont, Nebr.; Algona and at Des Moines, Iowa. and the District of Columbia, under con­ Fort Dodge, Iowa; Austin and Owatonna, No^ MC 133545 (Amendment), filed tract with Kal Kan Foods, Inc., a divi­ Minn. Restriction: Service in parts (1) March 5, 1969, published F ederal sion of M & M/Mars. Applicant holds and (2) above Is restricted to traffic R egister issue of April 4, 1969, and common carrier authority in MC 125433, originating at the plantsite and/or ware­ amended this issue. Applicant: DAVID therefore dual operations may be in­ house facilities of the Geo. A. Hormel & LEMONS, doing business as LEMONS volved. If a hearing is deemed necessary, Co., and destined to the points and'States HOUSE MOVING, 1250 Houston, Idaho applicant requests it be held at (1) Salt specified. N ote: The purpose of this re­ Falls, Idaho 83401. Authority sought to Lake City, Utah, (2) Los Angeles, Calif. publication is to include the point of operate as a common carrier, by motor No. MC 133309 (Sub-No. 1), filed Algona, Iowa, in (2) above. If a hearing vehicle, over irregular routes, transport­ March 28, 1969. Applicant: ENGEL & is deemed necessary, applicant requests ing: Houses or buildings, set up or in sec­ GRAY, INC., 745 West Betteravia Road, it be held at Des Moines, Iowa. tions, other than knocked down flat and Santa Maria, Calif. 93454. Applicant’s No. MC 133414 (Sub-No. 2), filed not including mobile homes or buildings representative: WarrenN. Grossman, 825 April 11, 1969. Applicant: L. C. ROBIN­ designed for transportation in tow-away City National Bank Building, 606 South SON & SON, INC., doing business as service, from points in Idaho south of the Olive Street, Los Angeles, Calif. 90014. ROBINSON TRUCKING COMPANY, Salmon River, to points in Montana and Authority sought to operate as a com­ Post Office Box 425, Hogansville, Ga. points in Teton, Sublette, Lincoln, Uinta, mon carrier, by motor vehicle, over ir­ 30230. Applicant’s representative: Sweetwater, Park, and Fremont Coun­ regular routes, transporting: Contrac­ Virgil H. Smith, 431 Title Building, At­ ties, Wyo., and that portion of Yellow­ tors’ equipment, materials and supplies, lanta, Ga. 30303. Authority sought to op­ stone National Park lying in Wyoming. from San Luis Obispo, Santa Maria, and erate as a common carrier, by motor ve­ N ote : The purpose of this republication Pismo Beach, Calif., to the site of the hicle, over irregular routes, transporting: Is to include “that portion of Yellowstone Diablo Canyon Nuclear Power Plant, lo­ Sand, gravel, crushed stone, field dirt, National Park lying in Wyoming” as a cated about 7 miles northwest of Avila plant mix concrete, and road base ma­ destination area. If a hearing is deemed

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 7212 NOTICES necessary, applicant requests it be held at U.S. Highway 15; and Connecticut. as a common carrier, by motor vehicle, Pocatello or Boise, Idaho. N ote: If a hearing is deemed necessary, over irregular routes, transporting: No. MC 133571 (Correction), filed applicant requests it be held at Washing­ Passengers and their baggage, in the March 18, 1969, published F ederal R eg­ ton, D.C., Chicago, 111., or Oklahoma same vehicle with passengers, in special ister issues of April 4, and April 17, City, Okla. operations, in round-trip sightseeing and 1969, and republished this issue. Appli­ No. MC 133636, filed April 7, 1969. pleasure tours, beginning and ending at cant. NESTLERODE TRUCKING CO., Applicant: JOHN S. GOODRICH, Box points in Hunterdon and Somerset Coun­ INC., 615 West Walnut Street, Lock 66, Avooa, N.Y. 14809. Applicant’s repre­ ties, N.J., and extending to points in the Haven, Pa. 17745. Applicant’s repre­ sentative : Raymond A. Richards, 23 West United States including Alaska, but ex­ sentative: Harry H. Frank and S. Berne Main Street, Webster, N.Y. 14580. Au­ cluding Hawaii ancl New York City, N.Y. Smith, 100 Pine Street, Post Office Box thority sought to operate as a contract Note : Applicant states it does not intend 1166, Harrisburg, Pa. 17108. Authority carrier, by motor vehicle, over irregular to tack, and is apparently willing to ac­ sought to operate as a common carrier, routes, transporting: Such merchandise cept a restriction against tacking if war­ by motor vehicle, over irregular routes, as is dealt in by drive-in restaurants and ranted. If a hearing is deemed necessary, transporting: Sand and gravel, from in connection therewith, equipment, applicant requests it be held at Newark points in Cattaraugus and Allegany materials and supplies used in the con­ or Somerville, N.J. Counties, N.Y., to points in Cameron, duct of such business, between points in No. MC 99891 (Sub-No. 11), filed Elk, McKean, and Potter Counties, Pa. Connecticut, Maine, Massachusetts, New April 7, 1969. Applicant: HENRY LIEN- N ote: The purpose of this republication Hampshire, New Jersey, New York, HART, doing business as ARROW is to show the origin point of Cattarau­ Pennsylvania, Rhode Island, and Ver­ COACH LINES, 2715 West 10th Street, gus County in lieu of Cattarauguo mont, under a continuing contract or Little Rock, Ark. 72204. Authority sought County as previously published. If a contracts, with Drive-in Management to operate as a common carrier, by motor hearing is deemed necessary, applicant Corp., and affiliated companies, and Car- vehicle, over regular and irregular routes, requests it be held at Harrisburg, Pa., or rols Development Corp. N ote: If a hear­ transporting: Passengers and their bag­ Washington, D.C. ing is deemed necessary, applicant re­ gage, express and newspapers in the No. MC 133595, filed March 21, 1969. quests it be held at Rochester, N.Y. same vehicle with passengers. Regular Applicant: VERNON W. HITCHCOCK, No. MC 133638, filed April 11, 1969. routes: (1) between McComb and doing business as LANCASTER MOV­ Natchez, Miss., from McComb over U.S. ING & STORAGE CO., 44814 North Applicant: HENRY J. SOLECKI, doing business as LIPIN ROBINSON DELIV­ Highway 98 to junction Mississippi High­ Yucca, Lancaster, Calif. 93534. Author­ way 24 (also Mississippi Highway 48), ity sought to operate as a common car­ ERY SERVICE, 21150 Beverly Road, Taylor, Mich. 48180. Applicant’s repre­ thence over Mississippi Highway 24 rier, by motor vehicle, over irregular (also Mississippi Highway 48), to Lib­ routes, transporting: Used household sentative: William B. Elmer, 22644 Gratiot Avenue, East Detroit, Mich. erty, Miss., thence over Mississippi High­ goods, between points in Los Angeles and - way 48 to Centerville, Miss., thence over Kern Counties, Calif., restricted to ship­ 48021. Authority sought to operate as a contract carrier, by motor vehicle, over Mississippi Highway 33 to junction un­ ments; (1) moving on a through bill of numbered highway, thence over high­ lading of a freight forwarder operating irregular routes, transporting: New fur­ way to Natchez, and return over same under the section 402(b)(2) exemption, niture, uncrated appliances and hospital route, serving all intermediate points, and (2) having a prior or subsequent supplies, from Taylor, Mich., to points (2) between Liberty and Gloster, Miss., line-haul movement by rail, motor, water, in Ohio and Michigan, and damaged, rejected and refused merchandise, on re­ over Mississippi Highway 24, serving all or air. N ote: Common control may be intermediate points.' Irregular routes: involved. If a hearing is deemed neces­ turn, under contract with Lipin Robinson Passengers and their baggage in the sary, applicant requests it be held at Los Warehouse Corp. N ote: If a heating is same vehicle with passengers, in charter Angeles, Calif. deemed necessary, applicant requests it and special operations, beginning and No. MC 133611 (Sub-No. 1), filed be held at Detroit or Lansing, Mich. ending at points on the above described April 7, 1969. Applicant: KING TRANS­ No. MC 133651, filed April 14, 1969. routes and extending to points in the PORT, INC., 753 Marion Road, Colum­ Applicant: DENRU TRUCKING CO., United States (excluding Hawaii). N ote: bus, Ohio 43207. Applicant’s representa­ INC., 806 South 13th Street, Newark, If a hearing is deemed necessary, appli­ tive: K. H. Thomas (same address as N.J. 07108. Applicant’s representative: cant requests it be held at Liberty, applicant). Authority sought to operate Charles J. Williams, 47 Lincoln Park, McComb or Jackson, Miss. as a contract carrier, by motor vehicle, Newark, N.J. 07102. Authority sought to No. MC 110310 (Sub-No. 2), filed over irregular routes, transporting: Iron operate as a contract carrier, by motor April 7, 1969. Applicant: INTER­ and steel articles as described in group vehicle, over irregular routes, transport­ COUNTY BUS LINES, INC., 513 South HI of appendix V to the report in De­ ing: Processed meats, in vehicles Adams Street, Havre de Grace, Harford, scriptions in Motor Carrier Certificates, equipped with mechanical refrigeration; Md. 21078. Applicant’s representative: 61 M.C.C. 209 between Columbus, Ohio, (1) from the piers in the New York, N.Y., John W. Hardwicke, 300 Title Building, on the one hand, and, on the other, (1) commercial zone as defined by the Com­ Baltimore, Md. 21202. Authority sought points in Cabell, Jackson, Mason, Pleas­ mission, to the plantsite of Jaka Ham to operate as a common carrier, by mo­ ants, Wayne, and Wood Counties, Co., Inc., at Somerset, N.J., and (2) from tor vehicle, over irregular routes, trans­ W. Va., and (2) points in Boyd and the plantsite and warehouse facilities of porting: Passengers and their baggage Greenup Counties, Ky., under a continu­ Jaka Ham Co., Inc., at Somerset and in special operations, beginning and end­ ing contract, or contracts with The Secaucus, N.J., to points in Connecticut, ing at points in Harford and Cecil Coun­ Brown Steel Co., of Columbus, Ohio. Massachusetts, New York, Rhode Island, ties, Md., and extending to Delaware N ote: If a hearing is deemed necessary, and points in Pennsylvania on and east Park, Stantoh, Del., during the racing applicant requests it be held at Colum­ of U.S. Highway 15, and Baltimore, Md., season that is May 30 through August 9, bus, Ohio, or Washington, D.C. under a continuing contract with Jaka 1969. N ote: Applicant states it does not No. MC 133623, filed April 2, 1969. Ap­ Ham Co., Inc. Note: If a hearing is intend to tack, and is apparently willing plicant: TRIAD DISTRIBUTORS, INC., deemed necessary, applicant requests it to accept a restriction against tacking if 800 Main Street, Paterson, N.J. 07503. be held at Newark, N.J., or New York, warranted. If a hearing is deemed neces­ Applicant’s representative: David D. N.Y. sary, applicant requests it be held at Brunson, 519 Northwest Ninth Street, Baltimore, Md. Oklahoma City, Okla. 73102. Authority . Motor Carriers of P assengers No. MC 117324 (Sub-No. 3), filed sought to operate as a common carrier, No. MC 3647 (Sub-No. 412), filed April 2, 1969. Applicant: FORT DODGE by motor vehicle, over irregular routes, April 9, 1969. Applicant: PUBLIC SERV­ TRANSPORTATION COMPANY, a cor­ transporting: New furniture, mirrors, ICE COORDINATED TRANSPORT, a poration, 1 North 20th Street, Fort furniture parts, in boxes, crates, or corporation, 180 Boyden Avenue, Maple­ Dodge, Iowa 50501. Applicant’s repre­ packages, from Paterson, N.J., to points wood, N.J. 07040. Applicant’s representa­ sentative: Cecil I. Goettsch, 11th Floor in New Jersey, Delaware, and New York; tive: Richard Fryling (same address as Des Moines Building, Des Moines, Iowa that part of Pennsylvania on and east of applicant). Authority sought to operate 50309. Authority sought to operate as a

FEDERAI REGISTER, VOL. 34, NO. 83— THURSDAY; MAY 1, 1969 NOTICES 7213 common carrier, by motor Vehicle, over No. MC 130087, filed March 20, 1969. trative Procedure Act, finding that a regular routes, transporting: Passengers Applicant: GLENN E. WATSON, 402 commodity described as “wild birdseed and their baggage, and express, mail, and East Ash Street, Columbus, Mo. For a bell” is exempt from transportation reg­ newspapers in the same vehicle with license (BMC-5) to engage in operations ulation under section 203(b) (6) of the passengers, between Spirit Lake, Iowa, as a broker at Columbia, Mo., in arrang­ Interstate Commerce Act, because it is and Worthington, Minn., from Spirit ing for the transportation of passengers included in the phrase “agricultural (in­ Lake, Iowa, over Iowa Highway 9 to junc­ and their baggage, in charter operations, cluding horticultural) commodities (not tion Iowa Highway 9 and Iowa Highway beginning and ending at points in Boone, including manufactured products there­ 238, thence over Iowa Highway 238 to Cole, Calaway, Audrian, Cooper, and of) ”; Harris, Iowa, thence over unnumbered Randolph Counties, Mo., and extending It further appearing, that inasmuch county roads to the Iowa-Minnesota to points in Missouri, Illinois, Indiana, as the said petition does not specify the State line, thence over Minnesota High­ and Kentucky. exact method of production, including way 264 to Round Lake, Minn., thence Applications In W hich Handling W ith­ amounts of each Commodity used, the over unnumbered county road to Worth­ out Oral H earing Has B een R equested evidence of record is insufficient to make ington, Minn., and return over the same a full and complete determination of the route, serving all intermediate points. No. MC 1515 (Sub-No. 134), filed issue raised; and good cause appearing Note: If a hearing is deemed necessary April 11, 1969. Applicant: GREYHOUND therefor: applicant requests it be held at Des LINES, INC., 1400 West Third Street, It is ordered, That notice of this order Moines or Port Podge, Iowa. Cleveland, Ohio 44113. Applicant’s rep­ resentative: Barrett Elkins (same ad­ be published in the F ederal R egister. Application for Water Carrier dress as applicant). Authority sought to It is further ordered, That the said petition be, and it is hereby, designated No. W-1244 (GLEASON MARINE operate as a common carrier, by motor vehicle, over regular routes, transport­ for processing under the modified TOWING CO. Common Carrier Applica­ procedure. tion), filed April 8, 1969. Applicant: ing : Passengers and their baggage, in the GLEASON MARINE TOWING CO., a same vehicle with passengers, between It is further ordered, That within 30 corporation, 13654 Hoxie, Chicago, 111. the junction of U.S. Highway 6 and Ohio days of the service date of this order 60633. Applicant’s representative: Albert Highway 199 (formerly U.S. Highway 23) petitioner shall submit verified state­ A. Andrin, 29 South La Salle Street, at New Rochester, Ohio, and Bowling ments, including statements of shippers, Chicago, HI. 60603. Application of Glea­ Green, Ohio, over U.S. Highway 6, serv­ in support of its position on petition. son Marine Towing Co.; filed April 8, ing no intermediate points, but serving It is further ordered, That other per­ 1969, to institute a new operation as a the junction of U.S. Highway 6 and Ohio sons having an interest in this proceed­ common carrier, by water in interstate Highway 199 (formerly U.S. Highway 23) ing, if any there be, may submit verified or foreign commerce, by non-self-pro­ at New Rochester, Ohio, and Bowling statements in support or opposition to pelled vessels with the use of separate Green, Ohio, for purposes of joinder the petition within 45 days from the towing vessels in the transportation of only, restricted to tire transportation of date of publication of the notice of this general commodities, (1) Regular routes: passengers having a prior or subsequent order in the F ederal R egister. Between ports or points between Chicago, movement by rail. N ote: Common con­ It is further ordered, That if verified 111., Indiana Harbor, Ind., Gary, Ind., trol may be involved. statements in opposition are submitted, Joliet, 111., Burns Ditch, Ind., Michigan M otor Carrier of P roperty petitioner may submit its verified state­ City, Ind., Waukegan, 111., Kenosha, Wis., ments in rebuttal within 10 days after Racine, Wis.,.Milwaukee, Wis., St. Jo­ No. MC 127355 (Sub-No. 4), filed the last day for the filing of statements seph, Mich., South Haven, Mich., Mani­ April, 7, 1969. Applicant: M & N GRAIN in opposition. towoc, Wis., Port Washington, Wis., and COMPANY, a corporation, 902 East It is further ordered, That a copy of Algoma, Wis., and (2) Irregular routes: Wooter, Nevada, Mo. 64772. Applicant’s each statement submitted to the Com­ Between points and places on the Chicago representative: Donald J. Quinn, Suite mission shall be served on other parties River, Sag Canal, Illinois River, and gen­ 900, 1012 Baltimore, Kansas City, Mo. of record and the statements submitted erally the Illinois Waterway System in 64105. Authority sought to operate as a shall so certify. the State of Illinois. contract carrier, by motor vehicle, over irregular routes, transporting: New and It is further ordered, That after ex­ Applications for B rokerage Licenses piration of the time fixed for filing of used pipeline skids, between points in verified statements, the matter be, and No. MC 12759 (Sub-No. 2), filed April Arizona, Arkansas, California, Colorado, it is hereby, referred to an appropriate 7, 1969. Applicant: SKI-O-RAMA Idaho, Illinois, Iowa, Kansas, Louisiana, board for consideration and disposition. TOURS, INC., 7 South Franklin Street, Minnesota, Missouri, Montana, Ne­ braska, Nevada, New Mexico, North Da­ It is further ordered, That in the event Hempstead, N.Y. 11550. Applicant’s rep­ petitioner fails to submit verified state­ resentative: Morris Honig, 150 Broad­ kota, Oklahoma, South Dakota, Texas, Utah, Wisconsin, and Wyoming, under ments as required by the third ordering way, New York, N.Y. For a license paragraph hereof, this order, to the ex­ (BMC 5) to engage in operations as a contract with Pipeline Skid Service, Inc., Chanute, Kans. tent any relief is granted petitioner, broker at Hempstead, N.Y., in arranging shall have no force and effect, and the for transportation in interstate or foreign By the Commission. petition shall be deemed denied. ■ commerce of passengers and their bag­ gage, both as individuals and in groups, # [seal] H. Neil Garson, By the Commission, Division 1. Secretary. in round-trip, all expense tours, through­ [seal] H. N eil G arson, out the year, beginning and ending at [F.R. Doc. 69-5131; Filed, Apr. 30, 1969; 8:45 a.m.] Secretary. Denver, Colo.; New Orleans, La.; Miami, [F.R. Doc. 69-5222; Filed, Apr. 30, 1969; Fla.; Chicago, 111.; Los Angeles, San 8:50 a.m.] Francisco, and San Diego, Calif.; Seat­ [No. MC—C—6344] tle, Wash.; Houston, San Antonio, Fort Worth, Laredo, and Dallas, Tex.; and WILD BIRDSEED BELL EXEMPTION FOURTH SECTION APPLICATION Las Vegas, Nev., and extending to FOR RELIEF points in the United States (except Petition for Declaratory Order Hawaii). Restriction: The transporta­ At a session of the Interstate Com­ April 28,1969. tion sought is to be subject to the prior merce Commission, Division 1, held at Protests to the granting of an appli­ or subsequent movement by interstate air its office in Washington, D.C., on the cation must be prepared in accordance or interstate railroad commerce from 15th day of April 1969. with Rule 1100.40 of the general rules points in Nassau and Suffolk Counties It appearing, that by petition filed of practice (49 CFR 1100.40) and filed and New York, N.Y., of passengers and January 2, 1969, Loft-Dahlgren, Inc., of within 15 days from the date of publica­ their baggage* to the points of origin Crookston, Minn., seeks a declaratory tion of this notice in the F ederal herein above set out. order under section 5(d) of the Adminis­ R egister.

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 No. 83----- 13 7214 NOTICES

Long- and-S hort Haul No. MC 14552 (Sub-No. 32 TA), filed TRUCK LINES, INC., Post Office Box April 23,1969. Applicant: J. V. McNICH- 7666, Shreveport, La. 71107. Applicant’s FSA No. 41623—Methanol (methyl OLAS TRANSFER CO., 555 West Federal representative: Mai Morgan, 600 Lein- alcohol) from Allemania, La. Filed by Street, Youngstown, Ohio 44501. Appli­ inger Building, Oklahoma City, Okla. Southwestern Freight Bureau, agent (No. cant’s representative James W. Mul- 73112. Authority sought to operate as a B-30), for interested rail carriers. Rates doon, 88 East Broad Street, Columbus, common carrier, by motor vehicle, over on methanol (methyl alcohol), in tank Ohio 43215. Authority sought to operate irregular routes, transporting: Precast carloads, as described in the application, as a common carrier, by motor vehicle,' concrete products, from Jackson, Ark., to from Allemania, La., to specified points over irregular routes, transporting: Columbus, Ohio, for 180 days. Supporting in Illinois, Indiana, Minnesota, and North Frozen foodstuffs, from the plantsite of shipper: Arkansas Precast Oorp., Post Dakota. Stouffer Foods, Division of Litton In­ Office Box 216, North Little Rock, Ark. Grounds for relief—Market competi­ dustries, at Cleveland, Ohio, to points 72115. N ote: Applicant states it does not tion. in Pennsylvania on and west of U.S. intend to tack. Send protests to: W. R. Tariff—Supplement 73 to Southwest­ Highway 15, for 180 days. Supporting Atkins, District Supervisor, Bureau of ern Freight Bureau, agent, tariff ICC shipper; Stouffer’s, Division of Litton Operations, Interstate Commerce Com­ 4722. Industries, 1375 Euclid Avenue, Cleve­ mission, T-4009 Federal Building, 701 land, Ohio 44115. Send protests to: G. J. Loyola Avenue, New Orleans, La. 70113. By the Commission. Baccei, District Supervisor, Interstate No. MC 106398 (Sub-No. 396 TA), filed [seal] H. N eil Garson, Commerce Commission, Bureau of Oper­ April 23, 1969. Applicant: NATIONAL Secretary. ations, 181 Federal Office Building, 1240 TRAILER CONVOY, INC., 1925 National [F.R. Doc. 69—5223; Filed, Apr. 30, 1969; East Ninth Street, Cleveland, Ohio 44199. Plaza, Tulsa, Okla. 74151. Applicant’s 8:51 a.m.] No. MC 67866 (Sub-No. 26 TA), filed representative: Irvin Tull (same address April 22, 1969. Applicant: FILM as above). Authority sought to operate as TRANSIT, INC., 291 Hernando, Post a common carrier, by motor vehicle, over [Notice 823] Office Box 444, Memphis, Tenn. 38103. irregular routes, transporting: Trailers MOTOR CARRIER TEMPORARY Applicant’s representative: James W. designed to be drawn by passenger auto­ Wrape, Sterick Building, Memphis, Tenn. mobiles, in initial movements, from site AUfHORITY APPLICATIONS 38103. Authority sought to operate as a of Fleetwood Enterprises, Inc., at Lexing­ April 28, 1969. common carrier, by motor vehicle, over ton, Miss., to points in Mississippi, Louisi­ The following are notices of filing of irregular routes, transporting: General ana, Arkansas, Alabama, and Tennessee, applications for temporary authority commodities (except dangerous explo­ for 180 days. Supporting shipper: Fleet- under section 210a(a) of the Interstate sives, household goods as defined in wood Enterprises, Inc., Loren R. Schmidt, Commerce Act provided for under the Practices of Motor Common Carriers of General Manager, 3196 Myers Street, new rules of Ex Parte No. MC-67 (49 Household Goods, 17 M.C.C. 467, com­ Post Office Box 7638, Riverside, Calif. CFR Part 340), published in the F ederal modities in bulk, and livestock), between 92503. Send protests to: C. L. Phillips, R egister, issue of April 27,1965, effective Memphis, Tenn., and points in its com­ District Supervisor, Interstate Commerce July 1, 1965. These rules provide that mercial zone, on the one hand, and, on Commission, Bureau of Operations, Room protests to the granting of an application the other, points in Arkansas in the 240, Old Post Office Building, 215 North­ must be filed with the field official named counties of Monroe, Jackson, Woodruff, west Third, Oklahoma City, Okla. 73102. in the F ederal R egister publication, Chicot, Lonoke, Prairie, White, and No. MC 116279 (Sub-No. 4 TA), filed within 15 calendar days after the date of Pulaski, and the cities of Marvel, Mc- April 23, 1969. Applicant: JOHN H. notice of the filing of the application is Gehee, Dumas, De Witt, Stuttgart, Ham­ BLACK, doing business as BLACK’S published in the F ederal R egister. One burg, Crossett, Monticello, Star City, TRANSFER, 412 West Main Street, Ap­ copy of such protest must be served on Pine Bluff, White Hall, Batesville, Moun­ palachia, Va. 24216. Applicant’s repre­ the applicant, or its authorized repre­ tain Home, Gassville, Heber Springs, sentative: Carl E. McAfee, Professional sentative, if any, and the protests must Fordyce, Warren, El Dorado, Smackover, Arts Building, Norton, Va. Authority certify that such service has been made. Hampton, Benton, Conway, Clinton, sought to operate as a contract carrier, The protests must be specific as to the Leslie, Marshall, Harrison, Russellville, by motor vehicle, over irregular routes, service which such protestant can and Atkins, Hot Springs, Malvern, Arkadel- transporting: Stanley Home Products will offer, and must consist of a signed phia, Gurdon, Prescott, Camden, Bear­ consisting^ of toilet preparations, cos­ original and six copies. den, Magnolia, Hope, Dardanelle, metics, compounds, waxes, and polishes, A copy of the application is on file, and Danville, Paris, Booneville, Fort Smith, brushes and related household special­ can be examined at the Office of the Camp Chaffee, Greenwood, Ozark, ties, from Richmond, Va., to points in Secretary, Interstate Commerce Com­ Charleston, Clarksville, Van Buren, Sullivan County, Tenn., for 180 days. mission, Washington, D.C., and also in Alma, Fayetteville, Springdale, Benton- N ote: Applicant intends to tack the au­ ville, Rogers; Yellville and Morrilton, thority here applied for to its existing the field office to which protests are to be Ark. Restrictions: (1) No service shall be authority. Supporting shipper: Stanley transmitted. rendered in the transportation of any Home Products, Inc., Richmond, Va. Motor Carriers of P roperty package or article weighing more than 23200. Send protests to: Clatin M. Har­ No. MC 730 (Sub-No. 308 TA), filed 70 pounds or exceeding 108 inches in mon, District Supervisor, Bureau of Op­ April 23, 1969. Applicant: PACIFIC IN­ length and girth combined. (2) No serv­ erations, Interstate Commerce Commis­ TERMOUNTAIN EXPRESS CO., 1417 ice shall be provided in the transporta­ sion, 215 Campbell Avenue SW., Roanoke, Clay Street, Oakland, Calif. 94612. Appli­ tion of packages or articles weighing in Va. 24011. cant’s representative: R. N. Cooledge the aggregate more than 100 pounds No. MC 117765 (Sub-No. 79 TA), filed (same address as above). Authority from one consignor to one consignee on April 23,1969. Applicant: HAHN TRUCK sought to operate as a common carrier, any one day, for 180 days. Supporting LINE, INC., 5315 Northwest Fifth, Post by motor vehicle, over irregular routes, shippers: There are approximately 223 Office Box 75267, Oklahoma City, Okla. transporting: Liquid chocolate, in bulk, statements of support attached to the 73107. Applicant’s representative: Ray in tank vehicles, from San Francisco, application, which may be examined Hagan (same address as above). Au­ Calif., to Salt Lake City, Utah, for 180 here at the Interstate Commerce Com­ thority sought to operate as a common days. Supporting shipper: Boldemann mission in Washington, D.C., or copies carrier, by motor vehicle, over irregular Chocolate Co., Inc., 620 Folsom Street, thereof which may be examined at the routes, transporting: Automatic live­ San Francisco, Calif. 94107. Send pro­ field office named below. Send protests stock waterers, livestock scales, hopper to: Floyd A. Johnson, District Super­ feed scales, cattle head gates, and cattle tests to: District Supervisor Wm. E. Mur­ visor, Interstate Commerce Commission, chutes, from Hawarden, Iowa, and Nor­ phy, Interstate Commerce Commission, Bureau of Operations, 390 Federal folk, Nebr., to points in Colorado, Kan­ Bureau of Operations, 450 Golden Gate Office Building, Memphis, Tenn. 38103. sas, Missouri, and Oklahoma, for 180 Avenue, Box 36004, San Francisco, Calif. No. MC 100666 (Sub-No. 137 TA), filed days. Supporting shipper: Zeitlow Dis­ 94102. April 23, 1^69. Applicant: MELTON tributing Co., Leonard Zeitlow, President,

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969 NOTICES 7215 Post Office Box 38, Durham, Kans. Send Vincent J. Tasson, doing business as The liquid, sacked or bulked, from Yazoo protests to: C. L. Phillips, District Su­ Tasson Distributing Co., Ishpeming, City and Greenville, Miss., and Memphis, pervisor, Interstate Commerce Commis­ Mich. 49849; Jack Cominsky, President, Tenn., to Dumas, Ark., and points in sion, Bureau of Operations, Room 240, Kist Bottling Co., Inc., Kingsford, Mich. Desha, Drew, and Lincoln Counties, Ark., Old Post Office Building, 215 Northwest 49801. Send protests to: C. R. Flemming, for 180 days. Supporting shippers: Third, Oklahoma City, Okla. 73102. District Supervisor, Interstate Commerce Charles Dante & Son, 110 West Burnett No. MC 126154 (Sub-No. 4 TA), filed Commission, Bureau of Operations, 225 Street, Dumas, Ark. (C. F. Hudson, Jr., April 23, 1969. Applicant: DOMENIC Federal Building, Lansing, Mich. 48933. Clifton L. Meador). Send protests to: MARCHI, 508 North Stephenson Avenue, No. MC 133585 (Sub-No. 1 TA), filed District Supervisor William H. Land, Jr., Iron Mountain, Mich. 49801. Authority April 23, 1969. Applicant: PAT CLARK, Interstate Commerce Commission, Bu­ sought to operate as a common carrier, doing business as CLARK TRUCKING by motor vehicle, over irregular routes, CO., Post Office Box 394, Dumas, Ark. reau of Operations, 2519 Federal Office transporting: Malt beverages, namely, 71639. Applicant’s representative: John Building, Little Rock, Ark. 72201. beer and ale, (1) from South Bend, Ind., R. Clayton, 135 West Waterman Street, By the Commission. to Ishpeming, Mich., (2) from Chicago, 111., to Ishpeming, Mich., (3) from Chi­ Post Office Box 55, Dumas, Ark. 71639. [seal] H. N eil Garson, cago, 111., to Iron Mountain, Mich., and Authority sought to operate as a com­ Secretary. return movements with empty contain­ mon carrier, by motor vehicle, over ir­ [F.R. Doc. 69-5225; Filed, Apr. 30, 1969; ers, for 180 days. Supporting shippers: regular routes, transporting: Fertilizer, 8:51 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 83— THURSDAY, MAY 1, 1969

IX , ■ M M ■■ _uaa$£i UNITED STATES K— GOVERNMENT L«^V —>£ry4. ORGANIZATION W .* Z .^ ~ s **:■<.as MANUAL 7 T ‘ II

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Presents essential information about Government agencies (updated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, librarians, researchers, scholars, lawyers, and businessmen who need current official information about the U.S. Government. The United States Government Organization Manual is the official guide to the functions of the Federal Government.

2 $ °oper copy. Paperbound, with charts Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.